CFR 2010 Title33 Vol1

33
Parts 1 to 124
Revised as of July 1, 2010
Navigation and Navigable

Waters
Containing a codification of documents

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

erowe on DSKG8SOYB1PROD with CFR
VerDate Mar<15>2010 14:47 Aug 20, 2010 Jkt 220130 PO 00000 Frm 00001 Fmt 8091 Sfmt 8091 Y:\SGML\220130.XXX 220130
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Table of Contents
Page
Explanation ................................................................................................ v
Title 33:
Chapter ICoast Guard, Department of Homeland Security .......... 3
Finding Aids:
Table of CFR Titles and Chapters ....................................................... 661
Alphabetical List of Agencies Appearing in the CFR ......................... 681
List of CFR Sections Affected ............................................................. 691

iii
Cite this Code: CFR
To cite the regulations in

this volume use title,
part and section num-
ber. Thus, 33 CFR 1.01
1 refers to title 33, part
1, section 011.
iv
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 agen-
cies 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 sub-
divided 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
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given rule.
EFFECTIVE AND EXPIRATION DATES
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to display an OMB control number with their information collection request.
Many agencies have begun publishing numerous OMB control numbers as amend-
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on the cover
of each volume are not carried. Code users may find the text of provisions in
effect on a given date in the past by using the appropriate numerical list of
sections affected. For the period before January 1, 2001, consult either the List
of CFR Sections Affected, 19491963, 19641972, 19731985, or 19862000, published
in eleven separate volumes. For the period beginning January 1, 2001, a List
of CFR Sections Affected is published at the end of each CFR volume.
[RESERVED] TERMINOLOGY
The term [Reserved] is used as a place holder within the Code of Federal
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vi
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RAYMOND A. MOSLEY,
Director,
Office of the Federal Register.
July 1, 2010.
vii
THIS TITLE
Title 33NAVIGATION AND NAVIGABLE WATERS is composed of three volumes.

The contents of these volumes represent all current regulations codified under
this title of the CFR as of July 1, 2010. The first and second volumes, parts 1
124 and 125199, contain current regulations of the Coast Guard, Department of
Homeland Security. The third volume, part 200 to end, contains current regula-
tions 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 Regula-
tions publication program is under the direction of Michael L. White, assisted
by Ann Worley.
ix
Title 33Navigation
and Navigable Waters
(This book contains parts 1 to 124)
Part
CHAPTER ICoast 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 = Electricians Mate. LS = Lightship. NC = Flag
hoist meaning, I am in distress and require immediate assistance. NCG = Call let-
ters for any Coast Guard Shore Radio Station. OAN = Aids to Navigation Division.
PTP = Training and Procurement. U.S.C.G. = United States Coast Guard.
CHAPTER ICOAST GUARD, DEPARTMENT OF
HOMELAND SECURITY
EDITORIAL NOTE: Nomenclature changes to Chapter I appear at 70 FR 75734, Dec. 21, 2005.
SUBCHAPTER AGENERAL
Part Page
1 General provisions .................................................. 7
2 Jurisdiction ............................................................. 29
3 Coast Guard areas, districts, sectors, marine in-
spection zones, and Captain of the Port zones ..... 33
4 OMB control numbers assigned pursuant to the Pa-
perwork Reduction Act ........................................ 53
5 Coast Guard Auxiliary ............................................ 54
6 Protection and security of vessels, harbors, and
waterfront facilities ............................................. 58
8 United States Coast Guard Reserve ........................ 62
13 Decorations, medals, ribbons and similar devices ... 63
17 United States Coast Guard general gift fund .......... 67
19 Waivers of navigation and vessel inspection laws
and regulations .................................................... 68
20 Rules of practice, procedure, and evidence for for-
mal administrative proceedings of the Coast
Guard ................................................................... 71
23 Distinctive markings for Coast Guard vessels and
aircraft ................................................................. 93
25 Claims ..................................................................... 94
26 Vessel bridge-to-bridge radiotelephone regulations 106
27 Adjustment of civil monetary penalties for infla-
tion ....................................................................... 109
SUBCHAPTER BPERSONNEL
40 Cadets of the Coast Guard ....................................... 112

45 Enlistment of personnel .......................................... 112
49 Payment of amounts due mentally incompetent
Coast Guard personnel ......................................... 113
50 Coast Guard Retiring Review Board ....................... 115

51 Coast Guard Discharge Review Board ..................... 117
33 CFR Ch. I (7110 Edition)
Part Page
52 Board for Correction of Military Records of the
Coast Guard .......................................................... 122
53 Coast Guard whistleblower protection .................... 129
54 Allotments from active duty pay for certain sup-
port obligations .................................................... 132
55 Child Development Services .................................... 133
SUBCHAPTER CAIDS TO NAVIGATION
60 [Reserved]
62 United States aids to navigation system ................ 136
64 Marking of structures, sunken vessels and other
obstructions ......................................................... 144
66 Private aids to navigation ...................................... 147
67 Aids to navigation on artificial islands and fixed
structures ............................................................. 155
70 Interference with or damage to aids to navigation 169
72 Marine information ................................................. 170
74 Charges for Coast Guard aids to navigation work ... 173
76 Sale and transfer of aids to navigation equipment 174
SUBCHAPTER DINTERNATIONAL NAVIGATION RULES
Special Note: Application of the 72 COLREGS to

territories and possessions ................................... 175
80 COLREGS Demarcation Lines ................................ 176
81 72 COLREGS: Implementing Rules .......................... 193
82 72 COLREGS: Interpretative Rules ......................... 195
SUBCHAPTER EINLAND NAVIGATION RULES
83 Rules ....................................................................... 196

84 Annex I: Positioning and Technical Details of
Lights and Shapes ................................................ 211
85 Annex II: Additional Signals for Fishing Vessels
Fishing in Close Proximity .................................. 216
86 Annex III: Technical Details of Sound Signal Ap-
pliances ................................................................ 216
87 Annex IV: Distress Signals ...................................... 218
88 Annex V: Pilot Rules ............................................... 219
89 Inland navigation rules: Implementing rules .......... 221
90 Inland rules: interpretative rules ............................ 224
SUBCHAPTER FVESSEL OPERATING REGULATIONS
95 Operating a vessel while under the influence of al-

cohol or a dangerous drug .................................... 225
Coast Guard, DHS
Part Page
96 Rules for the safe operation of vessels and safety
management systems ........................................... 227
SUBCHAPTER GREGATTAS AND MARINE PARADES
100 Safety of life on navigable waters ........................... 241

SUBCHAPTER HMARITIME SECURITY
101 Maritime security: General ..................................... 315

102 Maritime security: National maritime transpor-
tation security [Reserved]
103 Maritime security: Area maritime security ............ 328
104 Maritime security: Vessels ...................................... 333
105 Maritime security: Facilities .................................. 358
106 Marine security: Outer Continental Shelf (OCS) fa-
cilities .................................................................. 385
107 National vessel and facility control measures and
limited access areas ............................................. 403
SUBCHAPTER IANCHORAGES
109 General .................................................................... 408

110 Anchorage regulations ............................................ 409
SUBCHAPTER JBRIDGES
114 General .................................................................... 522

115 Bridge locations and clearances; administrative
procedures ............................................................ 524
116 Alteration of unreasonably obstructive bridges ...... 528
117 Drawbridge operation regulations ........................... 533
118 Bridge lighting and other signals ............................ 646
SUBCHAPTER KSECURITY OF VESSELS
120 Security of passenger vessels .................................. 654

SUBCHAPTER AGENERAL
PART 1GENERAL PROVISIONS 1.07100 Summons in lieu of seizure of com-

mercial fishing industry vessels.
Subpart 1.01Delegation of Authority Subpart 1.08Written Warnings by Coast
Sec. Guard Boarding Officers
1.011 District Commander.
1.0120 Officer in Charge, Marine Inspection. 1.081 Applicability.
1.0130 Captains of the Port. 1.085 Procedures.
1.0140 Delegation to the Vice Commandant.
1.0150 Delegation to District Commander, Subpart 1.10Public Availability of
Seventeenth Coast Guard District. Information
1.0160 Delegations for issuance of bridge
permits. 1.101 Official records and documents.
1.0170 CERCLA delegations. 1.105 Public availability of records and
1.0180 FWPCA and OPA 90 delegations. documents.
1.0185 Redelegation.
1.0190 Commissioned, warrant, and petty Subpart 1.20Testimony by Coast Guard
officers. Personnel and Production of Records
in Legal Proceedings
Subpart 1.05Rulemaking
1.201 Testimony by Coast Guard personnel
1.051 Delegation of rulemaking authority.
1.055 Marine Safety Council. and production of records.
1.0510 Regulatory process overview.
1.0515 Public participation. Subpart 1.25Fees and Charges for
1.0520 Petitions for rulemaking. Certain Records and Services
1.0525 Public docket.
1.0530 Advance notice of proposed rule- 1.251 Purpose.
making (ANPRM). 1.2530 Exceptions.
1.0535 Notice of proposed rulemaking 1.2540 Fees for services for the public.
(NPRM). 1.2545 Special admeasurement services.
1.0540 Supplemental notice of proposed 1.2548 Oceanographic research.
rulemaking (SNPRM). 1.2580 Payment of fees, charges or sales.
1.0545 Interim rule.
1.0550 Final rule. Subpart 1.26Charges for Duplicate Med-
1.0555 Direct final rule. als, and Sales of Personal Property,
1.0560 Negotiated rulemaking.
Equipment or Services and Rentals
Subpart 1.07Enforcement; Civil and 1.261 Purpose.
Criminal Penalty Proceedings 1.265 Replacement of medals.
1.071 Purpose. 1.2610 Sales to Coast Guard Auxiliary.
1.075 Definitions. 1.2615 Sales of nonexcess personal property
1.0710 Reporting and investigation. and services.
1.0711 Notice of violation. 1.2620 Sales to eligible foreign govern-
1.0715 Hearing Officer. ments.
1.0720 Initiation of action. 1.2625 Payment of charges.
1.0725 Preliminary matters.
1.0730 Disclosure of evidence. EDITORIAL NOTE: Nomenclature changes to
1.0735 Request for confidential treatment. part 1 appear at 75 FR 36277, June 25, 2010.
1.0740 Counsel.
1.0745 Location of hearings and change of Subpart 1.01Delegation of
venue. Authority
1.0750 Witnesses.
1.0755 Hearing procedures.
1.0760 Records. AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 401, 491,
1.0765 Hearing Officers decisions. 525, 1321, 2716, and 2716a; 42 U.S.C. 9615; 49
1.0770 Right to appeal. U.S.C. 322; Department of Homeland Secu-
1.0775 Action on appeals. rity Delegation No. 0170.1; section 1.0170
1.0780 Reopening of hearings. also issued under the authority of E.O. 12580,
1.0785 Collection of civil penalties. 3 CFR, 1987 Comp., p. 193; and sections 1.01
1.0790 Criminal penalties. 80 and 1.0185 also issued under the authority
1.0795 Civil and criminal penalties. of E.O. 12777, 3 CFR, 1991 Comp., p. 351.
1.011 33 CFR Ch. I (7110 Edition)
1.011 District Commander. (1) Licensing, credentialing,

certificating, shipment and discharge
Final authority for the performance
of seamen;
within the confines of his district of
(2) Referring to the processing Re-
the functions of the Coast Guard,
gional Examination Center (REC), the
which in general terms are maritime
Suspension and Revocation National
law enforcement, saving and protecting
Center of Expertise, or cognizant OCMI
life and property, safeguarding naviga-
potential violations of law, negligence,
tion on the high seas and navigable wa-
misconduct, unskillfulness, incom-
ters of the United States, and readiness
petence or misbehavior of persons hold-
for military operations, is delegated to
ing merchant mariners documents, li-
the District Commander by the Com-
censes, certificates or credentials
mandant. In turn delegations of final
issued by the Coast Guard, and recom-
authority run from the District Com-
mending suspension or revocation
mander to commanding officers of
under 46 U.S.C. Chapter 77 when
units under the District Commander
deemed appropriate; and
for the performance of the functions of
(3) Granting, withholding, sus-
law enforcement, patrol of marine re-
pending, or withdrawing course approv-
gattas and parades, and the saving of
als.
life and property which come within
the scope of their activities. [CGFR 4872, 13 FR 9330, Dec. 31, 1948; as
amended by USCG19983799, 63 FR 35525,
[CGFR 4872, 13 FR 9330, Dec. 31, 1948] June 30, 1998; USCG200625535, 72 FR 7929,
Feb. 22, 2007; USCG20090314, 74 FR 30937,
1.0120 Officer in Charge, Marine In- June 29, 2009]
spection.
(a) Officers in Charge, Marine Inspec- 1.0130 Captains of the Port.
tion (OCMI), have been designated and Captains of the Port and their rep-
delegated to perform, within each resentatives enforce within their re-
OCMIs jurisdiction, the following spective areas port safety and security
functions: Inspection of vessels in order and marine environmental protection
to determine that they comply with regulations, including, without limita-
the applicable laws, rules, and regulation, regulations for the protection and
tions relating to safe construction, security of vessels, harbors, and water-
equipment, manning, and operation front facilities; anchorages; security
and that they are in a seaworthy condi- zones; safety zones; regulated naviga-
tion for the services in which they are tion areas; deepwater ports; water pol-
operated; shipyard and factory inspec- lution; and ports and waterways safety.
tions; the investigation of marine cas-
ualties and accidents; the licensing, [CGD225, 59 FR 66484, Dec. 27, 1994]
certificating, shipment and discharge
of seamen; the investigating and initi- 1.0140 Delegation to the Vice Com-
mandant.
ating of action in cases of misconduct,
negligence, or incompetence of mer- The Commandant delegates to the
chant marine officers or seamen; and Vice Commandant authority to take
the enforcement of vessel inspection, final agency action under 46 CFR part
navigation, and seamens laws in gen- 5, Subparts I, J and K on each petition
eral. Specific procedures for appealing to reopen a hearing and on each appeal
the decisions of the Officer in Charge, from a decision of an Administrative
Marine Inspection, or of his subordi- Law Judge, except on petition or ap-
nates are set forth in 46 CFR parts 1 to peal in a case in which an order of rev-
4. ocation has been issued. This delega-
(b) The Commanding Officer of the tion does not prevent the Vice Com-
National Maritime Center has been mandant from acting as Commandant,
designated and delegated the same au- as prescribed in 14 U.S.C. 47(a), for all
thority as an OCMI for the purpose of purposes of 46 CFR part 5.
carrying out the following marine safe- [CGD 85071, 51 FR 22805, June 23, 1986, as
ty functions pursuant to the provisions amended by CGD 97023, 62 FR 33361, June 19,
of 46 CFR Subchapter B: 1997]
Coast Guard, DHS 1.0170
1.0150 Delegation to District Com- those specified in paragraph (a) of this

mander, Seventeenth Coast Guard section.
District.
[CGD 80099, 46 FR 38353, July 27, 1981; 46 FR
The Commandant redelegates to the 42268, Aug. 20, 1981, as amended by CGD 88
District Commander, Seventeenth 052, 53 FR 25119, July 1, 1988; CGD 96026, 61
Coast Guard District, the authority in FR 33662, June 28, 1996; CGD 97023, 62 FR
46 U.S.C. 3302(i)(1) to issue permits to 33361, June 19, 1997]
certain vessels transporting cargo, in-
1.0170 CERCLA delegations.
cluding bulk fuel, from one place in
Alaska to another place in Alaska. (a) For the purpose of this section,
the definitions in section 101 of the
[USCG19983799, 63 FR 35525, June 30, 1998] Comprehensive Environmental Re-
sponse, Compensation, and Liability
1.0160 Delegations for issuance of
bridge permits. Act of 1980 (Pub. L. 96510), as amended
by the Superfund Amendments and Re-
(a) The Commandant delegates to the authorization Act of 1986 (Pub. L. 99
Deputy Commandant for Operations 499), apply. The Act, as amended, is re-
(CGDCO), the authority to issue the ferred to in this section as CERCLA.
following permits for the construction, (b) The Assistant Commandant for
reconstruction, or alteration of bridges Marine Safety, Security and Environ-
across navigable waters of the United mental Protection (CG-5) is delegated
States: authority to take remedial action in-
(1) Those that require: volving vessels under section 104 of
(i) An environmental assessment or CERCLA.
environmental impact statement under (c) Each Maintenance and Logistics
the National Environmental Policy Act Commander is delegated contract au-
of 1969, as amended, (42 U.S.C. 4321 et thority, consistent with each memo-
seq.) and all implementing regulations, randum of understanding between the
orders, and instructions. Coast Guard and the Environmental
(ii) A determination under section Protection Agency regarding CERCLA
4(f) of the Department of Transpor- funding mechanisms, for the purpose of
tation Act of 1966 (49 U.S.C. 1653). carrying out response actions pursuant
(iii) Concurrence of the Department to CERCLA sections 104(a), 104(b),
of Transportation under DOT Order 104(f), 104(g), 105(f), and 122.
5610.1C (Procedures for Considering En- (d) Each district commander is dele-
vironmental Impacts). gated authority as follows:
(2) Those that require a Presidential (1) Authority, pursuant to CERCLA
permit and approval under the Inter- section 106(a), to determine an immi-
national Bridge Act of 1972 (33 U.S.C. nent and substantial endangerment to
535). the public health or welfare or the en-
(3) Those that require the amend- vironment because of an actual or
ment of an existing permit issued by threatened release of a hazardous sub-
the U.S. Army Corps of Engineers. stance from a facility, and to secure
(4) Those that raise substantial unre- such relief as may be necessary to
solved controversy involving the pub- abate such danger or threat through
lic, or are objected to by Federal, the United States attorney of the dis-
State, or local government agencies. trict in which the threat occurs.
(5) Those authorized by the Com- (2) Authority, pursuant to section 109
mandant upon the appeal of a district of CERCLA, to assess penalties relat-
commanders decision denying a per- ing to violations of sections 103 (a) and
mit. (b) pertaining to notification require-
(b) The Commandant delegates to ments, section 108 pertaining to finan-
each Coast Guard District Commander, cial responsibility for release of haz-
with the reservation that this author- ardous substances from vessels, and
ity shall not be further redelegated, section 122 pertaining to administra-
the authority to issue all permits for tive orders and consent decrees.
the construction, reconstruction, or al- (3) Authority, pursuant to section 108

teration of bridges across navigable of CERCLA, to deny entry to any port
waters of the United States other than or place in the United States or to the
1.0180 33 CFR Ch. I (7110 Edition)
navigable waters of the United States (f) Except for the authority granted
and detain at any port or place in the in paragraphs (d)(1) and (e)(1) of this
United States any vessel subject to sec- section, each Coast Guard official to
tion 108(a) of CERCLA that, upon re- whom authority is granted in this sec-
quest, does not provide evidence of fi- tion may redelegate and authorize suc-
nancial responsibility. cessive redelegations of that authority.
(e) Subject to the provisions of Exec- The authority granted in paragraph
utive Order 12580, and paragraph (g) of (e)(3) of this section may only be re-
this section, each Coast Guard official, delegated to commissioned officers.
predesignated as an On-Scene Coordi- (g) The response authority described
nator, is delegated authority as fol- in paragraph (e)(1) of this section does
lows: not include authority to
(1) Authority, pursuant to CERCLA (1) Summarily remove or destroy a
sections 104(a), 104(b), 104(c) and con- vessel; or
sistent with the National Contingency (2) Take any other action that con-
Plan, to remove or arrange for the re- stitutes intervention under CERCLA,
moval of releases and threatened re- the Intervention on the High Seas Act
leases of hazardous substances, and of (33 U.S.C. 1471 et. seq.), or other applica-
pollutants or contaminants which may ble laws. Intervention means any
present an imminent and substantial detrimental action taken against the
danger to the public health or welfare.
interest of a vessel or its cargo without
(2) Authority, pursuant to CERCLA the consent of the vessels owner or op-
section 104(i)(11), to take such steps as erator.
may be necessary to reduce exposure
that presents a significant risk to [CGD 88051, 53 FR 30259, Aug. 11, 1988, as
human health, and to eliminate or sub- amended by CGD 91225, 59 FR 66484, Dec. 27,
stantially mitigate that significant 1994; CGD 96026, 61 FR 33662, June 28, 1996;
risk to human health. CGD 97023, 62 FR 33361, June 19, 1997; USCG
200212471, 67 FR 41331, June 18, 2002; USCG
(3) Authority, pursuant to CERCLA 200314505, 68 FR 9534, Feb. 28, 2003]
section 106(a), to issue orders to pro-
tect the public health and welfare and 1.0180 FWPCA and OPA 90 delega-
the environment whenever that official tions.
determines that a release or threatened
release of a hazardous substance from a (a) This section delegates authority
facility may present an imminent and to implement provisions of section 311
substantial endangerment to the public of the Federal Water Pollution Control
health or welfare or the environment. Act (FWPCA), as amended [33 U.S.C.
(4) Authority, pursuant to CERCLA 1321] and provisions of the Oil Pollu-
section 104(e), except section tion Act of 1990 (OPA 90). The defini-
104(e)(7)(C), to enter establishments or tions in subsection (a) of section 311 of
other places where hazardous sub- the FWPCA and section 1001 of OPA 90
stances are or have been generated, [33 U.S.C. 2701] apply.
stored, treated, disposed of, or trans- (b) The Assistant Commandant for
ported from to inspect and obtain Marine Safety, Security and Environ-
records, reports, samples and informa- mental Protection, is delegated author-
tion in support of the response func- ity to require the owner or operator of
tions delegated in paragraphs (d), a facility to establish and maintain
(e)(1), (e)(2), and (e)(3) of this section. such records, make such reports, in-
(5) Authority, pursuant to CERCLA stall, use, and maintain such moni-
section 122, to enter into an agreement toring equipment and methods, and
with any person (including the owner provide such other information as may
or operator of the vessel or facility be required to carry out the objectives
from which a release or substantial of section 311 of the FWPCA [33 U.S.C.
threat of release emanates, or any 1321].
other potential responsible person), to (c) Each District and Area Com-
mander is delegated authority within
perform any response action, provided

that such action will be done properly the Commanders assigned district or
by such person. area to
10
(1) Deny entry to any place in the (i) Whether reasonable cause exists
United States or to the navigable wa- to believe that an owner, operator, or
ters of the United States, and to detain person in charge may be subject to a
at any place in the United States, any civil penalty under section 311(b) of the
vessel subject to section 1016 of OPA 90 FWPCA [33 U.S.C. 1321(b)]; and
[33 U.S.C. 2716] that, upon request, does (ii) Whether a filed bond or other sur-
not provide evidence of financial re- ety is satisfactory.
sponsibility; (d) Each Coast Guard official
(2) Seize and, through the Chief predesignated as the On-Scene Coordi-
Counsel, seek forfeiture to the United nator by the applicable Regional Con-
States of any vessel subject to the re- tingency Plan is delegated authority
quirements of section 1016 of OPA 90 [33 pursuant to section 311(c) of the
U.S.C. 2716] that is found in the navi- FWPCA [33 U.S.C. 1321(c)], subject to
gable waters of the United States with- paragraph (e) of this section, in accord-
out the necessary evidence of financial ance with the National Contingency
responsibility; Plan and any appropriate Area Contin-
(3) Assess any class I civil penalty gency Plan, to ensure the effective and
under subsection (b) of section 311 of immediate removal of a discharge and
the FWPCA [33 U.S.C. 1321], in accord- mitigation or prevention of a substan-
ance with the procedures in subpart tial threat of a discharge of oil or a
1.07 of this chapter; hazardous substance by
(4) Assess any civil penalty under (1) Removing or arranging for the re-
section 4303 of OPA 90 [33 U.S.C. 2716a] moval of a discharge and mitigating or
in accordance with the procedures in preventing an imminent and substan-
subpart 1.07 of this chapter; tial threat of a discharge at any time;
(5) Board and inspect any vessel upon (2) Directing or monitoring all Fed-
the navigable waters of the United eral, State, and private actions to re-
States or the waters of the contiguous move a discharge, including issuance of
zone, except for public vessels; with or orders;
without warrant, arrest any person (3) Determining, pursuant to section
who, in the Commanders presence or 311(c) of the FWPCA [33 U.S.C. 1321(c)],
view, violates a provision of section 311 whether a discharge or a substantial
of the FWPCA [33 U.S.C. 1321] or any threat of a discharge of oil or a haz-
regulation issued thereunder; and exe- ardous substance from a vessel, off-
cute any warrant or other process shore facility, or onshore facility is of
issued by an officer or court of com- such a size or character as to be a sub-
petent jurisdiction, as prescribed in stantial threat to the public health or
section 311(m)(1) of the FWPCA [33 welfare of the United States (including,
U.S.C. 1321(m)(1)]; but not limited to fish, shellfish, wild-
(6) Enter and inspect any facility in life, other natural resources, and the
the coastal zone at reasonable times; public and private beaches and shore-
have access to and copy any records; lines of the United States); and, if it is,
take samples; inspect monitoring directing all Federal, State, and pri-
equipment required by section vate actions to remove the discharge or
311(m)(2)(A) of the FWPCA [33 U.S.C. to mitigate or prevent the threatened
1321(m)(2)(A)]; with or without war- discharge;
rant, arrest any person who, in the (4) Determining, pursuant to section
Commanders presence or view, vio- 311(e) of the FWPCA [33 U.S.C. 1321(e)],
lates a provision of section 311 of the that there may be an imminent and
FWPCA [33 U.S.C. 1321] or any regula- substantial threat to the public health
tion issued thereunder; and execute and welfare of the United States, and,
any warrant or other process issued by if there is, may
an officer or court of competent juris- (i) Determine an imminent and sub-
diction, as prescribed in section stantial threat as a basis for recom-
311(m)(2) of the FWPCA [33 U.S.C. mending referral for judicial relief; or
1321(m)(2)(A)]; and (ii) Act pursuant to section
(7) Determine for purposes of section 311(e)(1)(B) of the FWPCA [33 U.S.C.
311(b)(12) of the FWPCA [33 U.S.C. 1321(e)(1)(B)], including the issuance of
1321(b)(12)] orders; and
11
1.0185 33 CFR Ch. I (7110 Edition)
(5) Acting to mitigate the damage to 1.051 Delegation of rulemaking au-

the public health or welfare caused by thority.
a discharge of oil or a hazardous sub- (a) The Secretary of Homeland Secu-
stance. rity is empowered by various statutes
(e) The authority described in para- to issue regulations regarding the func-
graph (d) of this section does not in- tions, powers and duties of the Coast
clude the authority to Guard.
(1) Remove or destroy a vessel; or (b) The Secretary of Homeland Secu-
(2) Take any other action that con- rity has delegated much of this author-
stitutes intervention under the Inter- ity to the Commandant, U.S. Coast
vention on the High Seas Act [33 U.S.C. Guard, including authority to issue
1471, et seq.] or other applicable laws. regulations regarding the functions of
For purposes of this section, inter- the Coast Guard and the authority to
vention means any detrimental action redelegate and authorize successive re-
taken against the interest of a vessel delegations of that authority within
or its cargo without the consent of the the Coast Guard.
vessels owner or operator. (c) The Commandant has reserved the
authority to issue any rules and regu-
[CGD 91225, 59 FR 66484, Dec. 27, 1994, as lations determined to be significant
amended by CGD 96026, 61 FR 33662, June 28, under Executive Order 12866, Regu-
1996; CGD 97023, 62 FR 33361, June 19, 1997; latory Planning and Review.
USCG200212471, 67 FR 41331, June 18, 2002]
(d) The Commandant has redelegated
the authority to develop and issue
1.0185 Redelegation.
those regulations necessary to imple-
Except as provided in 1.0180(e)(1) ment laws, treaties and Executive Or-
and (2), each Coast Guard officer to ders to the Assistant Commandant for
whom authority is granted in 1.0180 Marine Safety, Security and Steward-
may redelegate and authorize succes- ship (CG5). The Commandant further
sive redelegations of that authority redelegates this same authority to the
within the command under the officers Director, National Pollution Fund Cen-
jurisdiction, or to members of the offi- ter (Director, NPFC) for those regula-
cers staff. tions within the Director, NPFC area
of responsibility.
[CGD 91225, 59 FR 66485, Dec. 27, 1994] (1) The Assistant Commandant for
Marine Safety, Security, and Steward-
1.0190 Commissioned, warrant, and
petty officers. ship may further reassign the dele-
gated authority of this paragraph to:
Any commissioned, warrant, or petty (i) Any Director within the CG5 Di-
officer of the United States Coast rectorate as appropriate; or
Guard may be authorized to carry out (ii) Any other Assistant Commandant
the functions delegated to superior of- as appropriate.
ficials under 1.011, 1.0120, 1.0130, (2) The authority redelegated in para-
1.0170, and 1.0780, or redelegated graph (d) of this section is limited to
under 1.0185, within the jurisdiction those regulations determined to be
of the cognizant official. They will do nonsignificant within the meaning of
so under the supervision and general Executive Order 12866.
direction of that official. (e)(1) The Commandant has redele-
[CGD 91225, 59 FR 66485, Dec. 27, 1994]
gated to the Coast Guard District Com-
manders, with the reservation that this
authority must not be further redele-
Subpart 1.05Rulemaking gated except as specified in paragraph
(i) below, the authority to issue regula-
AUTHORITY: 5 U.S.C. 552, 553, App. 2; 14 tions pertaining to the following:
U.S.C. 2, 631, 632, and 633; 33 U.S.C. 471, 499; 49 (i) Anchorage grounds and special an-
U.S.C. 101, 322; Department of Homeland Se- chorage areas.
curity Delegation No. 0170.1. (ii) The designation of lightering
SOURCE: CGD 95057, 60 FR 34148, June 30, zones.

1995, unless otherwise noted. (iii) The operation of drawbridges.
12
(iv) The establishment of Regulated erating regulations as the District

Navigation Areas. Bridge Chief deems necessary.
(v) The establishment of safety and [CGD 95057, 60 FR 34148, June 30, 1995, as
security zones. amended by CGD 96026, 61 FR 33662, June 28,
(vi) The establishment of special 1996; CGD 97023, 62 FR 33361, June 19, 1997;
local regulations. USCG200314505, 68 FR 9534, Feb. 28, 2003;
(2) This delegation does not extend to USCG200315404, 68 FR 37740, June 25, 2003;
USCG20080179, 73 FR 35001, June 19, 2008;
those matters specified in paragraph
USCG20090416, 74 FR 27437, June 10, 2009;
(c) of this section or rules and regula- USCG20100351, 75 FR 36277, June 25, 2010]
tions which have been shown to raise
substantial issues or to generate con- 1.055 Marine Safety and Security
troversy. Council.
(f) Except for those matters specified The Marine Safety and Security
in paragraph (c) of this section, the Council, composed of senior Coast
Commandant has redelegated to Coast Guard officials, acts as policy advisor
Guard Captains of the Port, with the to the Commandant and is the focal
reservation that this authority must point of the Coast Guard regulatory
not be further redelegated, the author- system. The Marine Safety and Secu-
ity to establish safety and security rity Council provides oversight, review,
zones. and guidance for all Coast Guard regu-
(g) The Commandant has redelegated latory activity.
to Coast Guard District Commanders,
[CGD 95057, 60 FR 34148, June 30, 1995, as
Captains of the Port, the Deputy Com- amended by USCG200315404, 68 FR 37740,
mandant for Operations (CGDCO), and June 25, 2003]
the Assistant Commandant for Marine
Safety, Security and Stewardship, the 1.0510 Regulatory process overview.
authority to make the certification re- (a) Most rules of local applicability
quired by section 605(b) of the Regu- are issued by District Commanders and
latory Flexibility Act (Sec. 605(b), Pub. Captains of the Port, while rules of
L. 96354, 94 Stat. 1168 (5 U.S.C. 605)) for wider applicability are issued by senior
rules that they issue. Coast Guard officials at Coast Guard
(h) The Chief, Office of Regulations Headquarters, For both significant
and Administrative Law (CG0943), has rulemaking (defined by Executive
authority to develop and issue those Order 12866, Regulatory Planning and
regulations necessary to implement all Review) and non-significant rule-
technical, organizational, and con- making, other than those areas dele-
forming amendments and corrections gated to District Commanders and Cap-
to rules, regulations, and notices. tains of the Port, the regulatory proc-
(i) The Commandant has redelegated ess begins when an office chief with
to the Coast Guard District Com- program responsibilities identifies a
manders the authority to redelegate in possible need for a new regulation or
writing to the Captains of the Port for changes to an existing regulation.
(COTP), with the reservation that this The need may arise due to statutory
authority must not be further redele- changes, or be based on internal review
gated, the authority to issue such spe- or public input. Early public involve-
cial local regulations as the COTP ment is strongly encouraged.
deems necessary to ensure safety of life (b) After a tentative significant regu-
on the navigable waters immediately latory approach is developed, a signifi-
prior to, during, and immediately after cant regulatory project proposal is sub-
regattas and marine parades. mitted to the Marine Safety and Secu-
(j) The Commandant has redelegated rity Council for approval. The proposal
to Coast Guard District Commanders describes the scope of the proposed reg-
the authority to redelegate in writing ulation, alternatives considered, and
to the Coast Guard District Bridge potential cost and benefits, including
Chief, with the reservation that this possible environmental impacts. All
authority must not be further redele- significant regulatory projects require

gated, the authority to issue tem- Marine Safety and Security Council
porary deviations from drawbridge op- approval.
13
1.0515 33 CFR Ch. I (7110 Edition)
(c) Significant rulemaking docu- making, but the document should pro-
ments must also be approved by the vide some supporting information as to
Commandant of the Coast Guard. why the petitioner believes the pro-
(d) If the project is approved, the nec- posed rulemaking is necessary and the
essary documents are drafted, includ- document should clearly indicate that
ing documents to be published in the it is a petition for rulemaking. Peti-
FEDERAL REGISTER. These may include tions should be addressed to the Execu-
regulatory evaluations, environmental tive Secretary, Marine Safety and Se-
analyses, requests for comments, an- curity Council (CG-0943), United States
nouncements of public meetings, no- Coast Guard Headquarters, 2100 2nd St.
tices of proposed rulemakings, and SW., Stop 7121, Washington, DC 20593
final rules. 7121.
[CGD 95057, 60 FR 34148, June 30, 1995, as (b) The petitioner will be notified of
amended by USCG200314505, 68 FR 9534, the Coast Guards decision whether to
Feb. 28, 2003; USCG200315404, 68 FR 37740, initiate a rulemaking or not. If the
June 25, 2003; USCG20080179, 73 FR 35001, Coast Guard decides not to pursue a
June 19, 2008] rulemaking, the petitioner will be noti-
1.0515 Public participation. fied of the reasons why. If the Coast
Guard decides to initiate rulemaking,
The Coast Guard considers public it will follow the procedure outlined in
participation essential to effective this subpart. The Coast Guard may
rulemaking, and encourages the public publish a notice acknowledging receipt
to participate in its rulemaking proc- of a petition for rulemaking in the
ess. Coast Guard policy is to provide FEDERAL REGISTER.
opportunities for public participation
(c) Any petition for rulemaking and
early in potential rulemaking projects.
any reply to the petition will be kept
Generally, the Coast Guard will solicit
in a public docket open for inspection.
public input by publishing a notice of
public meeting or request for com- [CGD 95057, 60 FR 34148, June 30, 1995, as
ments in the FEDERAL REGISTER. Ad- amended by USCG200315404, 68 FR 37740,
vance Notices of Proposed Rulemaking, June 25, 2003; USCG20080179, 73 FR 35001,
Notices of Proposed Rulemaking, Sup- June 19, 2008]
plemental Notices of Proposed Rule-
making, and Interim Rules will usually 1.0525 Public docket.
provide 90 days, or more if possible, (a) A public docket is maintained
after publication for submission of electronically for each petition for
comments. This time period is in- rulemaking and each Coast Guard rule-
tended to allow interested persons the making project and notice published in
opportunity to participate in the rule- the FEDERAL REGISTER. Each docket
making process through the submis- contains copies of every rulemaking
sion of written data and views. How- document published for the project,
ever, certain cases and circumstances public comments received, summaries
may make it necessary to provide a of public meetings or hearings, regu-
shorter comment period. Public meet- latory assessments, and other publicly-
ings may also be held to provide an op- available information. Members of the
portunity for oral presentations. The public may inspect the public docket
Coast Guard will consider the com- and copy any documents in the docket.
ments received and, in subsequent rule- Public dockets for Coast Guard
making documents, will incorporate a rulemakings are available electroni-
concise general statement of the com- cally at http://www.regulations.gov. To
ments received and identify changes access a rulemaking, enter the docket
from a proposed rule based on the com- number associated with rulemaking in
ments. the Search box and click Go >>.
These documents are also kept at a
1.0520 Petitions for rulemaking. Docket Management Facility main-
(a) Any member of the public may pe- tained by the Department of Transpor-
tition the Coast Guard to undertake a tation, West Building, room W12140,
rulemaking action. There is no pre- 1200 New Jersey Avenue, SE., Wash-
scribed form for a petition for rule- ington, DC 20590.
14
(b) The public dockets for Coast become reacquainted with a rule-
Guard rulemaking activity initiated by making, a supplemental notice may
Coast Guard District Commanders are also be issued if considerable time has
available for public inspection at the elapsed since publication of a notice of
appropriate Coast Guard District office proposed rulemaking. An SNPRM con-
or online at http://www.regulations.gov. tains the same type of information
Paragraph (a) of this section describes generally included in an NPRM.
how to access and view these docu-
ments. 1.0545 Interim rule.
(c) The public dockets for Coast (a) An interim rule may be issued
Guard rulemaking activity initiated by when it is in the public interest to pro-
Captains of the Port are available for mulgate an effective rule while keeping
inspection at the appropriate Captains the rulemaking open for further refine-
of the Port Office or online at http:// ment. For example, an interim rule
www.regulations.gov. Paragraph (a) of may be issued in instances when nor-
this section describes how to access mal procedures for notice and com-
and view these documents. ment prior to issuing an effective rule
[USCG20080179, 73 FR 35001, June 19, 2008] are not required, minor changes to the
final rule may be necessary after the
1.0530 Advance notice of proposed interim rule has been in place for some
rulemaking (ANPRM). time, or the interim rule only imple-
An advance notice of proposed rule- ments portions of a proposed rule,
making may be used to alert the af- while other portions of the proposed
fected public about a new regulatory rule are still under development.
project, or when the Coast Guard needs (b) An interim rule will be published
more information about what form pro- in the FEDERAL REGISTER with an effec-
posed regulations should take, the active date that will generally be at least
tual need for a regulation, the cost of a 30 days after the date of publication.
proposal, or any other information. After the effective date, an interim
The ANPRM may solicit general infor- rule is enforceable and is codified in
mation or ask the public to respond to the next annual revision of the appro-
specific questions. priate title of the Code of Federal Reg-
ulations.
1.0535 Notice of proposed rule-
making (NPRM). 1.0550 Final rule.
Under the Administrative Procedure In some instances, a final rule may
Act (APA), 5 U.S.C. 553, an NPRM is be issued without prior notice and com-
generally published in the FEDERAL ment. When notice and comment pro-
REGISTER for Coast Guard rulemakings. cedures have been used, and after all
The NPRM normally contains a pre- comments received have been consid-
amble statement in sufficient detail to ered, a final rule is issued. A final rule
explain the proposal, its background, document contains a preamble that
basis, and purpose, and the various discusses comments received, responses
issues involved. It also contains a dis- to comments and changes made from
cussion of any comments received in the proposed or interim rule, a citation
response to prior notices, a citation of of legal authority, and the text of the
legal authority for the rule, and the rule.
text of the proposed rule.
1.0555 Direct final rule.
1.0540 Supplemental notice of pro- (a) A direct final rule may be issued
posed rulemaking (SNPRM). to allow noncontroversial rules that
An SNPRM may be issued if a pro- are unlikely to result in adverse public
posed rule has been substantially comment to become effective more
changed from the original notice of quickly.
proposed rulemaking. The supple- (b) A direct final rule will be pub-
mental notice advises the public of the lished in the FEDERAL REGISTER with
revised proposal and provides an oppor- an effective date that is generally at

tunity for additional comment. To give least 90 days after the date of publica-
the public a reasonable opportunity to tion.
15
1.0560 33 CFR Ch. I (7110 Edition)
(c) The public will usually be given at mittee and that the committee mem-
least 60 days from the date of publica- bers will negotiate in good faith;
tion in which to submit comments or (4) There is a likelihood of a com-
notice of intent to submit comments. mittee consensus in a fixed time pe-
(d) If no adverse comment or notice riod;
of intent to submit an adverse com- (5) The negotiated rulemaking proc-
ment is received within the specified ess will not unreasonably delay the
period, the Coast Guard will publish a rule;
notice in the FEDERAL REGISTER to (6) The Coast Guard has resources to
confirm that the rule will go into effect do negotiated rulemaking; and
as scheduled. (7) The Coast Guard can use the con-
(e) If the Coast Guard receives a writ- sensus of the committee in formulating
ten adverse comment or a written no- the NPRM and final rule.
tice of intent to submit an adverse
comment, the Coast Guard will publish Subpart 1.07Enforcement; Civil
a notice in the final rule section of the and Criminal Penalty Proceedings
FEDERAL REGISTER to announce with-
drawal of the direct final rule. If an ad-
AUTHORITY: 14 U.S.C. 633; Sec. 6079(d), Pub.
verse comment clearly applies to only
L. 100690, 102 Stat. 4181; 49 CFR 1.46.
part of a rule, and it is possible to re-
move that part without affecting the SOURCE: CGD 7882, 43 FR 54186, Nov. 20,
remaining portions, the Coast Guard 1978, unless otherwise noted.
may adopt as final those parts of the
1.071 Purpose.
rule on which no adverse comment was
received. Any part of a rule that is the This part describes procedures for en-
subject of an adverse comment will be forcement and administration of all
withdrawn. If the Coast Guard decides statutory penalty provisions that the
to proceed with a rulemaking following Coast Guard is authorized to enforce.
receipt of an adverse comment, a sepa-
rate Notice of Proposed Rulemaking 1.075 Definitions.
(NPRM) will be published unless an ex- (a) The term District Commander,
ception to the Administrative Proce- when used in this subpart, means the
dure Act requirements for notice and District Commander, or any person
comment applies. under the District Commanders com-
(f) A comment is considered adverse mand, delegated to carry out the provi-
if the comment explains why the rule sions of 1.0710(b).
would be inappropriate, including a (b) The term Hearing Officer means a
challenge to the rules underlying Coast Guard officer or employee who
premise or approach, or would be inef- has been delegated the authority to as-
fective or unacceptable without a sess civil penalties.
change. (c) The term issuing officer means any
qualified Coast Guard commissioned,
[CGD 94105, 60 FR 49224, Sept. 22, 1995]
warrant, or petty officer.
1.0560 Negotiated rulemaking. (d) The term Notice of Violation means
a notification of violation and prelimi-
(a) The Coast Guard may establish a
nary assessment of penalty, given to a
negotiated rulemaking committee
party, in accordance with 1.0711.
under the Negotiated Rulemaking Act (e) The term party means the person
of 1990 and the Federal Advisory Com- alleged to have violated a statute or
mittee Act (FACA) (5 U.S.C. App. 2) regulation to which a civil penalty ap-
when it is in the public interest. plies and includes an individual or pub-
(b) Generally, the Coast Guard will
lic or private corporation, partnership
consider negotiated rulemaking when:
or other association, or a governmental
(1) There is a need for a rule;
entity.
(2) There are a limited number of rep-
resentatives for identifiable parties af- [CGD 93079, 59 FR 16560, Apr. 7, 1994]
fected by the rule;
1.0710 Reporting and investigation.
(3) There is a reasonable chance that

balanced representation can be reached (a) Any person may report an appar-
in the negotiated rulemaking com- ent violation of any law, regulation, or
16
order that is enforced by the Coast (2) The amount of the maximum pen-
Guard to any Coast Guard facility. alty that may be assessed for each vio-
When a report of an apparent violation lation;
has been received, or when an apparent (3) The amount of proposed penalty
violation has been detected by any that appears to be appropriate;
Coast Guard personnel, the matter is (4) A statement that payment of the
investigated or evaluated by Coast proposed penalty within 45 days will
Guard personnel. Once an apparent vio- settle the case;
lation has been investigated or evalu- (5) The place to which, and the man-
ated, a report of the investigation may ner in which, payment is to be made;
be sent to the District Commander or (6) A statement that the party may
other designated official in accordance decline the Notice of Violation and
with paragraph (b) of this section or a that if the Notice of Violation is de-
Notice of Violation under 1.0711 may clined, the party has the right to a
be given to the party by an issuing offi- hearing prior to a final assessment of a
cer. penalty by a Hearing Officer.
(b) Reports of any investigation con- (7) A statement that failure to either
ducted by the Coast Guard or received pay the proposed penalty on the Notice
from any other agency which indicate of Violation or decline the Notice of
that a violation may have occurred Violation and request a hearing within
may be forwarded to a District Com- 45 days will result in a finding of de-
fault and the Coast Guard will proceed
mander or other designated official for
with the civil penalty in the amount
further action. This is normally the
recommended on the Notice of Viola-
District Commander of the District in
tion without processing the violation
which the violation is believed to have
under the procedures described in 33
occurred, or the District in which the
CFR 1.0710(b).
reporting unit or agency is found. The
(c) The Notice of Violation may be
report is reviewed to determine if there
hand delivered to the party or an em-
is sufficient evidence to establish a
ployee of the party, or may be mailed
prima facie case. If there is insufficient
to the business address of the party.
evidence, the case is either returned for
(d) If a party declines the Notice of
further investigation or closed if fur-
Violation within 45 days, the case file
ther action is unwarranted. The case is
will be sent to the District Commander
closed in situations in which the inves-
for processing under the procedures de-
tigation has established that a viola-
scribed in 33 CFR 1.0710(b).
tion did not occur, the violator is un-
(e) If a party pays the proposed pen-
known, or there is little likelihood of
alty on the Notice of Violation within
discovering additional relevant facts. If
45 days, a finding of proved will be en-
it is determined that a prima facie case
tered into the case file.
does exist, a case file is prepared and (f) If within 45 days of receipt a
forwarded to the Hearing Officer, with party
a recommended action. A record of any (1) Fails to pay the proposed penalty
prior violations by the same person or on the Notice of Violation; and
entity, is forwarded with the case file. (2) Fails to decline the Notice of Vio-
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as lationthe Coast Guard will enter a
amended by CGD 87008a, 52 FR 17554, May 11, finding of default in the case file and
1987; CGD 93079, 59 FR 16560, Apr. 7, 1994; proceed with the civil penalty in the
USCG20007223, 65 FR 40054, June 29, 2000] amount recommended on the Notice of
Violation without processing the viola-
1.0711 Notice of violation. tion under the procedures described in
(a) After investigation and evalua- 33 CFR 1.0710(b).
tion of an alleged violation has been [CGD 93079, 59 FR 66482, Dec. 27, 1994, as
completed, an issuing officer may issue amended by USCG20019175, 67 FR 38388,
a Notice of Violation to the party. June 4, 2002]
(b) The Notice of Violation will con-
tain the following information: 1.0715 Hearing Officer.
(1) The alleged violation and the ap- (a) The Hearing Officer has no other
plicable law or regulations violated; responsibility, direct or supervisory,
17
1.0720 33 CFR Ch. I (7110 Edition)
for the investigation of cases referred written documents provided upon re-
for the assessment of civil penalties. quest; and,
The hearing officer may take action on (6) The fact that the party may de-
a case referred by any District Com- mand a hearing prior to any actual as-
mander. sessment of a penalty.
(b) The Hearing Officer decides each (c) If at any time it appears that the
case on the basis of the evidence before addition of another party to the pro-
him, and must have no prior connec- ceedings is necessary or desirable, the
tion with the case. The Hearing Officer Hearing Officer provides the additional
is solely responsible for the decision in party with notice as described above.
each case referred to him.
1.0725 Preliminary matters.
(c) The Hearing Officer is authorized
to administer oaths and issue sub- (a) Within 30 days after receipt of no-
poenas necessary to the conduct of a tice of the initiation of the action, as
hearing, to the extent provided by law. described above, the party, or counsel
for the party, may request a hearing,
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as provide any written evidence and argu-
amended by CGD 87008a, 52 FR 17554, May 11, ments in lieu of a hearing, or pay the
1987; USCG200212471, 67 FR 41331, June 18,
amount specified in the notice as being
2002]
appropriate. A hearing must be re-
1.0720 Initiation of action. quested in writing; the request must
specify the issues which are in dispute.
(a) When a case is received for action, Failure to specify a nonjurisdictional
the Hearing Officer makes a prelimi- issue will preclude its consideration.
nary examination of the material sub- (b) The right to a hearing is waived if
mitted. If, on the basis of the prelimi- the party does not submit the request
nary examination, the Hearing Officer to the Hearing Officer within 30 days
determines that there is insufficient after receiving notice of the alleged
evidence to proceed, or that there is violation. At the discretion of the
any other reason which would make Hearing Officer, a hearing may be
penalty action inappropriate, the Hear- granted if the party submits a late re-
ing Officer returns the case to the Dis- quest.
trict Commander with a written state- (c) The Hearing Officer must prompt-
ment of the reason. The District Com- ly schedule all hearings which are re-
mander may close the case or cause a quested. The Hearing Officer shall
further investigation of the alleged grant any delays or continuances
violation to be made with a view to- which may be necessary or desirable in
ward resubmittal of the case to the the interest of fairly resolving the
Hearing Officer. case.
(b) If on the basis of the preliminary (d) A party who has requested a hear-
examination of the case file, the Hear- ing may amend the specification of the
ing Officer determines that a violation issues in dispute at any time up to 10
appears to have been committed, the days before the scheduled date of the
Hearing Officer notifies the party in hearing. Issues raised later than 10
writing of: days before the scheduled hearing may
(1) The alleged violation and the ap- be presented only at the discretion of
plicable law or regulations; the Hearing Officer.
(2) The amount of the maximum pen- [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
alty that may be assessed for each vio- amended by CGD 85001A, 51 FR 19329, May
lation; 29, 1986]
(3) The general nature of the proce-
dure for assessing and collecting the 1.0730 Disclosure of evidence.
penalty; The alleged violator may, upon re-
(4) The amount of penalty that ap- quest, receive a free copy of all the
pears to be appropriate, based on the written evidence in the case file, ex-
material then available to the Hearing cept material that would disclose or
Officer;
lead to the disclosure of the identity of

(5) The right to examine all materials a confidential informant. Other evi-
in the case file and have a copy of all dence or material, such as blueprints,
18
sound or video tapes, oil samples, and quest or on the Hearing Officers own
photographs may be examined in the motion.
Hearing Officers offices. The Hearing (c) A request for change of location of
Officer may provide for examination or a hearing or transfer to another Hear-
testing of evidence at other locations if ing Officer must be in writing and state
there are adequate safeguards to pre- the reasons why the requested action is
vent loss or tampering. necessary or desirable. Action on the
request is at the discretion of the Hear-
1.0735 Request for confidential ing Officer.
treatment.
[CGD 87008a, 52 FR 17554, May 11, 1987]
(a) In addition to information treated
as confidential under 1.0730, a request 1.0750 Witnesses.
for confidential treatment of a docu-
A party may present the testimony
ment or portion thereof may be made
of any witness either through a per-
by the person supplying the informa-
sonal appearance or through a written
tion on the basis that the information
statement. The party may request the
is:
assistance of the Hearing Officer in ob-
(1) Confidential financial informa-
taining the personal appearance of a
tion, trade secrets, or other material
witness. The request must be in writ-
exempt from disclosure by the Free-
ing and state the reasons why a written
dom of Information Act (5 U.S.C. 552);
statement would be inadequate, the
(2) Required to be held in confidence issue or issues to which the testimony
by 18 U.S.C. 1905; or would be relevant, and the substance of
(3) Otherwise exempt by law from dis- the expected testimony. If the Hearing
closure. Officer determines that the personal
(b) The person desiring confidential appearance of the witness may materi-
treatment must submit the request to ally aid in the decision on the case, the
the Hearing Officer in writing and Hearing Officer seeks to obtain the wit-
state the reasons justifying nondisclo- ness appearance. Because many stat-
sure. Failure to make a timely request utes prescribing civil penalties do not
may result in a document being consid- provide subpoena power, there may be
ered as nonconfidential and subject to cases where a witness cannot be re-
release. quired to attend. In such a case, the
(c) Confidential material is not con- Hearing Officer may move the hearing
sidered by the Hearing Officer in reach- to the witness location, accept a writ-
ing a decision unless: ten statement, or accept a stipulation
(1) It has been furnished by a party, in lieu of testimony. If none of these
or procedures is practical, the Hearing Of-
(2) It has been furnished pursuant to ficer shall proceed on the basis of the
a subpoena. evidence before him.
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
amended by USCG200212471, 67 FR 41331, amended by USCG200212471, 67 FR 41331,
June 18, 2002] June 18, 2002]
1.0740 Counsel. 1.0755 Hearing procedures.

A party has the right to be rep- (a) The Hearing Officer must conduct
resented at all stages of the proceeding a fair and impartial proceeding in
by counsel. After receiving notification which the party is given a full oppor-
that a party is represented by counsel, tunity to be heard. At the outset of the
the Hearing Officer directs all further hearing, the Hearing Officer insures
communications to that counsel. that the party is aware of the nature of
the proceeding and of the alleged viola-
1.0745 Location of hearings and tion, and of the provisions of the law or
change of venue. regulation allegedly violated.
(a) The hearing is normally held at (b) The material in the case file per-
the office of the Hearing Officer.
tinent to the issues to be determined

(b) The Hearing Officer may transfer by the Hearing Officer is presented.
a case to another Hearing Officer on re- The party has the right to examine,
19
1.0760 33 CFR Ch. I (7110 Edition)
and to respond to or rebut, this mate- 1.0760 Records.

rial. The party may offer any facts,
(a) A verbatim transcript will not
statements, explanations, documents,
normally be prepared. The Hearing Of-
sworn or unsworn testimony, or other ficer prepares notes on the material
exculpatory items which bear on appro- and points raised by the party, in suffi-
priate issues, or which may be relevant cient detail to permit a full and fair re-
to the size of an appropriate penalty. view and resolution of the case, should
The Hearing Officer may require the it be appealed.
authentication of any written exhibit (b) A party may, at its own expense,
or statement. cause a verbatim transcript to be
(c) At the close of the partys presen- made. If a verbatim transcript is made,
tation of evidence, the Hearing Officer the party shall submit two copies to
may allow the introduction of rebuttal the Hearing Officer not later than the
evidence. The Hearing Officer may time of filing an administrative appeal.
allow the party to respond to any such The Hearing Officer includes them in
evidence submitted. the record.
(d) In receiving evidence, the Hearing [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
Officer is not bound by strict rules of amended by USCG200212471, 67 FR 41331,
evidence. In evaluating the evidence June 18, 2002]
presented, the Hearing Officer must
give due consideration to the reli- 1.0765 Hearing Officers decisions.
ability and relevance of each item of (a) The Hearing Officer issues a writ-
evidence. ten decision. Any decision to assess a
(e) The Hearing Officer may take no- penalty is based upon substantial evi-
tice of matters which are subject to a dence in the record. If the Hearing Offi-
high degree of indisputability and are cer finds that there is not substantial
commonly known in the community or evidence in the record establishing the
are ascertainable from readily avail- alleged violation or some other viola-
able sources of known accuracy. Prior tion of which the party had full and
to taking notice of a matter, the Hear- fair notice, the Hearing Officer shall
ing Officer gives the party an oppor- dismiss the case and remand it to the
tunity to show why notice should not District Commander. A dismissal is
be taken. In any case in which notice is without prejudice to the District Com-
taken, the Hearing Officer places a manders right to refile the case and
written statement of the matters as to have it reheard if additional evidence
which notice was taken in the record, is obtained. A dismissal following a re-
with the basis for such notice, includ- hearing is final and with prejudice.
ing a statement that the party con- (b) If the Hearing Officer assesses a
sented to notice being taken or a sum- penalty, the Hearing Officers decision
contains a statement advising the
mary of the partys objections.
party of the right to an administrative
(f) After the evidence in the case has
appeal. The party is advised that fail-
been presented, the party may present ure to submit an appeal within the pre-
argument on the issues in the case. The scribed time will bar its consideration
party may also request an opportunity and that failure to appeal on the basis
to submit a written statement for con- of a particular issue will constitute a
sideration by the Hearing Officer and waiver of that issue in any subsequent
for further review. The Hearing Officer proceeding.
shall allow a reasonable time for sub-
mission of the statement and shall [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
amended by CGD 85001A, 51 FR 19329, May
specify the date by which it must be re- 29, 1986]
ceived. If the statement is not received
within the time prescribed, or within 1.0770 Right to appeal.
the limits of any extension of time
(a) Any appeal from the decision of
granted by the Hearing Officer, the
the Hearing Officer must be submitted

Hearing Officer renders his decision in by a party within 30 days from the date
the case. of receipt of the decision. The appeal
20
and any supporting brief must be sub- would probably produce a different re-
mitted to the Hearing Officer. The only sult favorable to the petitioner, wheth-
issues which will be considered on ap- er the evidence was known to the peti-
peal are those issues specified in the tioner at the time of the hearing and,
appeal which were properly raised be- if not, why the newly found evidence
fore the Hearing Officer and jurisdic- could not have been discovered in the
tional questions. exercise of due diligence. The party
(b) The failure to file an appeal with- must submit the petition to the Hear-
in the prescribed time limit results in ing Officer.
the action of the Hearing Officer be- (c) The District Commander may file
coming the final agency action in the comments in opposition to the peti-
case. tion. If comments are filed, a copy is
provided the party.
1.0775 Action on appeals. (d) A petition to reopen is considered
(a) Upon receipt, the Hearing Officer by the Hearing Officer unless an appeal
provides a copy of the appeal and any has been filed, in which case the peti-
supporting brief to the District Com- tion is considered by the Commandant.
mander who referred the case. Any (e) The decision on the petition is de-
comments which the District Com- cided on the basis of the record, the pe-
mander desires to submit must be re- tition, and the comments in opposi-
ceived by the Hearing Officer within 30 tion, if any. The petition is granted
days. The Hearing Officer includes the only when newly found evidence is de-
District Commanders comments, or scribed which has a direct and material
not later than 30 days after receipt of bearing on the issues and when a valid
the appeal if no comments are sub- explanation is provided as to why the
mitted by the District Commander, the evidence was not and could not have
Hearing Officer forwards all materials been, in the exercise of due diligence,
in the case to the Commandant. produced at the hearing. The decision
(b) The Commandant issues a written is rendered in writing.
decision in each case and furnishes cop- (f) Following a denial of a petition to
ies to the party, the District Com- reopen, the party is given 30 days to
mander, and the Hearing Officer, The file an appeal if one has not already
Commandant may affirm, reverse, or been filed, or to amend an appeal which
modify the decision, or remand the has already been filed.
case for new or additional proceedings. [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
In the absence of a remand, the deci- amended by CGD 87008a, 52 FR 17555, May 11,
sion of the Commandant on appeal 1987]
shall be final. In addition to the ac-
tions which may be taken by the Com- 1.0785 Collection of civil penalties.
mandant on appeal, the Commandant (a) Payment of a civil penalty may be
may also remit, mitigate or suspend made by check or postal money order
the assessment in whole or in part. payable to the U.S. Coast Guard.
Upon the taking of remission, mitiga- (b) Within 30 days after receipt of the
tion, or suspension action, the Com- Commandants decision on appeal, or
mandant will inform the party of the the Hearing Officers decision in a case
action and any conditions placed on in which no appeal has been filed, the
the action. party must submit payment of any as-
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as sessed penalty to the office specified in
amended by CGD 87008a, 52 FR 17555, May 11, the assessment notice. Failure to make
1987] timely payment will result in the insti-
tution of appropriate action under the
1.0780 Reopening of hearings. Federal Claims Collection Act and the
(a) At any time prior to final agency regulations issued thereunder.
action in a civil penalty case, a party (c) When a penalty of not more than
may petition to reopen the hearing on $200 has been assessed under Chapter 43
the basis of newly discovered evidence. or 123 of Title 46 U.S.C., the matter
(b) Petitions to reopen must be in may be referred for collection of the

writing describing the newly found evi- penalty directly to the Federal Mag-
dence and must state why the evidence istrate of the jurisdiction wherein the
21
1.0790 33 CFR Ch. I (7110 Edition)
person liable may be found, for the in- cides whether to initiate civil penalty
stitution of collection procedures proceedings or to close the case.
under supervision of the district court, [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
if the court has issued an order dele- amended by USCG20019286, 66 FR 33639,
gating such authority under section June 25, 2001]
636(b) of Title 28, United States Code.
1.07100 Summons in lieu of seizure
[CGD 87008a, 52 FR 17555, May 11, 1987] of commercial fishing industry ves-
sels.
1.0790 Criminal penalties.
(a) As used in this section, the fol-
(a) Prosecution in the Federal courts lowing terms have the meanings speci-
for violations of those laws or regula- fied:
tions enforced by the Coast Guard (1) Commercial fishing industry vessel
which provide, upon conviction, for means a fishing vessel, a fish proc-
punishment by fine or imprisonment is essing vessel, or a fish tender vessel as
a matter finally determined by the De- defined in 46 U.S.C. 2101 (11a), (11b), or
partment of Justice. This final deter- (11c), respectively.
mination consists of deciding whether (2) Personal use quantity means a
and under what conditions to prosecute quantity of a controlled substance as
or to abandon prosecution. specified in 19 CFR 171.51.
(b) Except in those cases where the (b) When a commercial fishing indus-
approval of the Commandant is re- try vessel is subject to seizure for a
quired, the Area, Maintenance & Logis- violation of 21 U.S.C. 881(a)(4), (6), or
tics Command (MLC), and District (7); of 19 U.S.C. 1595a(a); or of 49 U.S.C.
App. 782 and the violation involves the
Commanders are authorized to refer
possession of a personal use quantity of
the case to the U.S. attorney. The
a controlled substance, the vessel shall
Commandants approval is required in
be issued a summons to appear as pre-
the following cases where evidence of a
scribed in subpart F of 19 CFR part 171
criminal offense is disclosed:
in lieu of seizure, provided that the
(1) Marine casualties or accidents re- vessel is:
sulting in death. (1) Proceeding to or from a fishing
(2) Marine Boards (46 CFR part 4). area or intermediate port of call; or
(3) Violations of port security regula- (2) Actively engaged in fishing oper-
tions (33 CFR parts 6, 121 to 126 inclu- ations.
sive).
[CGD 89003, 54 FR 37615, Sept. 11, 1989]
(c) The Area, MLC, or District Com-
mander will identify the laws or regu-
lations which were violated and make Subpart 1.08Written Warnings by
specific recommendations concerning Coast Guard Boarding Officers
the proceedings to be instituted by the
U.S. attorney in every case. AUTHORITY: 14 U.S.C. 633; 49 CFR 1.46(b).
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as 1.081 Applicability.

June 25, 2001] (a) The regulations in this subpart
apply to certain violations of the fol-
1.0795 Civil and criminal penalties. lowing statutes and regulations for
which Coast Guard boarding officers
(a) If a violation of law or regulation are authorized to issue written warn-
carries both a civil and a criminal pen- ings instead of recommending civil or
alty, the Area, MLC, and District Com- criminal penalty procedures under sub-
manders are authorized to determine part 1.07 of this part:
whether to institute civil penalty pro- (1) 46 CFR 25.05 whistles or other
ceedings or to refer the case to the U.S. sound producing devices;
attorney for prosecution in accordance (2) 33 CFR part 175, subpart B and 46
with 1.0790. CFR subpart 25.25, Personal Flotation
(b) When the U.S. Attorney declines
Devices.
to institute criminal proceedings, the (3) 46 CFR 25.35 backfire flame con-
Area, MLC, or District Commander de- trol;
22
(4) 46 CFR 25.40 ventilation; case of a violation of 33 CFR part 159 a

(5) 33 CFR part 173 numbering; prior written warning or violation
(6) 46 U.S.C. 103, documented yachts; issued within three years.
(7) 33 CFR part 155 oil pollution pre- (e) Within 15 days after the date of
vention; and issue, any person issued a written
(8) 46 CFR 25.30 fire extinguishers; warning by a Coast Guard boarding of-
(9) 33 CFR part 159 marine sanitation ficer may appeal the issuance of the
devices; warning to the district commander by
(10) 33 CFR part 175 subpart C, Visual providing in writing or in person any
Distress Signals. information that denies, explains, or
(11) 33 CFR 88.05 Copy of rules. mitigates the violations noted in the
(b) The Commandant authorizes des- warning.
ignated boarding officers to issue warn-
(f) Each written warning shall indi-
ings for certain minor violations of the
cate that:
statutes and regulations listed in para-
graph (a) of this section. Written warn- (1) The warning is kept on file for a
ings are not authorized for all viola- period of not more than one year after
tions of these statutes and regulations. date of issue or in the case of a viola-
tion of 33 CFR part 159 a period of not
(14 U.S.C. 633, 85 Stat. 228 (46 U.S.C. 1488); 86 more than three years for reference in
Stat. 871 (33 U.S.C. 1322); 49 CFR 1.46(b), (m), determining appropriate penalty ac-
and (n)(1))
tion if there is a subsequent violation;
[CGD 74155, 41 FR 17894, Apr. 29, 1976, as (2) If a record check reveals a prior
amended by CGD 77182, 43 FR 22657, May 25, written warning or violation within
1978; CGD 82040, 47 FR 21042, May 17, 1982;
CGD 85009, 50 FR 10761, Mar. 18, 1985]
the time period designated in 1.085(d)
of this part, the warning may be re-
1.085 Procedures. voked and civil penalty action insti-
tuted;
(a) A written warning may be issued
where the boarding officer determines (3) If an additional violation occurs
that: within the time period designated in
(1) The observed violation is a first 1.085(d) the warning may be used as a
offense; and basis for the assessment of a higher
(2) The operator states that the vio- penalty for the subsequent violation;
lation will be promptly corrected. and
(b) A written warning may not be (4) Within 15 days after the date of
issued where: issue, the person who is issued the
(1) The operator is required to be li- warning may appeal to the District
censed or credentialed; Commander by providing in writing or
(2) The violation is a failure to have in person any information or material
required safety equipment on board; or that denies, explains, or mitigates the
(3) The boarding officer notes three violations noted in the warning.
or more violations during one board- (14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86
ing. Stat. 871 (33 U.S.C. 1322); 49 CFR 1.46 (b), (m),
(c) Each district office maintains a and (n)(1))
record of each written warning issued
within that district for a period of not [CGD 74155, 41 FR 17894, Apr. 29, 1976, as
amended by CGD 77182, 43 FR 22657, May 25,
more than one year after date of issue 1978; USCG200625150, 71 FR 39208, July 12,
except in cases involving violations of 2006; USCG200624371, 74 FR 11211, Mar. 16,
33 CFR part 159 marine sanitation de- 2009]
vices, records of which are maintained
by each district office for not more
than three years after date of issue.
Subpart 1.10Public Availability
(d) The district commander of the of Information
district in which the warning is issued
may rescind a written warning and in- AUTHORITY: 5 U.S.C. 552, 14 U.S.C. 633, sec.
stitute civil penalty action under 1.07 6(b)(1), 80 Stat. 937 (49 U.S.C. 1655(b)(1)); 49
CFR 1.46(b).
10 of this part if a record check dis-

closes a prior written warning or viola- SOURCE: CGD7354R, 38 FR 12396, May 11,
tion issued within one year or in the 1973, unless otherwise noted.
23
1.101 33 CFR Ch. I (7110 Edition)
1.101 Official records and docu- records, and service of process in legal
ments. proceedings.
Identifiable records and documents of (b) Except for the acceptance of serv-
the Coast Guard are made available to ice of process or pleadings under para-
the public in accordance with the De- graph (d) of this section and 49 CFR
partment of Transportation regula- 9.19, the Legal Officer of each Mainte-
tions contained in part 7 of title 49, nance and Logistics Command, each
Code of Federal Regulations. District Legal Officer, and the Legal
Officer assigned to any other Coast
1.105 Public availability of records Guard unit or command, for matters
and documents. involving personnel assigned to their
(a) Each person desiring to inspect a command, are delegated the functions
record or document covered by this of agency counsel described in 49
subpart that is located in Head- CFR part 9.
quarters, or to obtain a copy of such a (c) A request for a member or em-
record or document, must make a writ- ployee of the Coast Guard to testify, or
ten request to the Chief, Office of Infor- for permission to interview such a
mation Management (CG-61), U.S. member or employee, should be made
Coast Guard Headquarters, 2100 2nd St. to the Legal officer serving the com-
SW., Stop 7101, Washington, DC 20593 mand to which that member or em-
7101. ployee is assigned, or, if the member or
(b) Each person desiring to inspect a employee is serving at Coast Guard
record or document covered by this Headquarters, or with a command re-
subpart that is located in a Coast ceiving legal services from the Judge
Guard district, or to obtain a copy of Advocate General and Chief Counsel,
such a record or document, must make U.S. Coast Guard (CG094), to the
a written request to the district com- Chief, Office of Claims and Litigation
mander in command of the district, or (CG-0945). Should the member or em-
to the officer-in-charge of the appro- ployee no longer be employed by the
priate marine inspection zone. Coast Coast Guard, and the testimony or in-
Guard districts and marine inspection formation sought falls within the pro-
zones are listed in part 3 of this chap- visions of 49 CFR part 9, the request
ter. should be made to the District Legal
(c) If the person making the request Officer serving the geographic area
does not know where in the Coast where the former member or employee
Guard the record or document is lo- resides or, if no District Legal Officer
cated, he may send his request to the has geographic responsibility, to the
Chief, Office of Information Manage- Chief, Office of Claims and Litigation.
ment (CG-61), at the address in para- (d) Process or pleadings in any legal
graph (a) of this section. proceeding concerning the Coast Guard
may be served, at the option of the
[CGD7354R, 38 FR 12396, May 11, 1973, as server, on the Judge Advocate General
amended by CGD 96026, 61 FR 33662, June 28, and Chief Counsel or the Deputy Judge
1996]
Advocate General and Deputy Chief
Counsel of the Coast Guard (CG094)
Subpart 1.20Testimony by Coast with the same effect as if served on the
Guard Personnel and Produc- Commandant of the Coast Guard. The
tion of Records in Legal Pro- official accepting the service under
ceedings this section acknowledges the service
and takes further action as appro-
AUTHORITY: 5 U.S.C. 301; 14 U.S.C. 632, 633, priate.
49 U.S.C. 322; 49 CFR 1.46 and part 9. (80 Stat. 383, as amended, sec. 1, 33 Stat. 1022,
as amended, sec. 9, 80 Stat. 944; 5 U.S.C. 552,
1.201 Testimony by Coast Guard 14 U.S.C. 632, 633, 46 U.S.C. 375, 416, 49 U.S.C.
personnel and production of 1657 (a) and (e); 49 CFR 1.46, and part 9)
records.
[CGFR 7130, 36 FR 8732, May 12, 1971, as
(a) The regulations in 49 CFR part 9 amended by CGD 95057, 60 FR 34150, June 30,
apply to the testimony of Coast Guard 1995; USCG19983799, 63 FR 35525, June 30,
personnel, production of Coast Guard 1998]
24
Subpart 1.25Fees and Charges (ii) Requests a copy of the transcript.

for Certain Records and Services (5) A person who has been required to
furnish personal documents retained by
AUTHORITY: 5 U.S.C. 552; 14 U.S.C. 633; 49 the Coast Guard.
CFR 1.46. (6) For other exceptions see 49 CFR
7.97.
SOURCE: CGFR 6713, 32 FR 11211, Aug. 2,
1967, unless otherwise noted. (31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR
1.46(b))
1.251 Purpose.
[CGFR 6713, 32 FR 11211, Aug. 2, 1967, as
(a) The regulations in this subpart amended by CGD 76124, 42 FR 23507, May 9,
established fees and charges which 1977]
shall be imposed by the Coast Guard
for making copies or excerpts of infor- 1.2540 Fees for services for the pub-
mation or records, and for issuing cer- lic.
tain duplicate merchant mariner cre-
The fees for services performed for
dentials, merchant mariner documents,
the public, as prescribed in sections
licenses or certificates.
552(a) (2) and (3) of title 5, United
(b) These fees and charges are im-
posed as required by Title V of the States Code, by the Department of
Independent Offices Appropriation Act Transportation are in subpart I of title
of 1952 (Sec. 501, 65 Stat. 290, 31 U.S.C. 49, Code of Federal Regulations. The
483a). This Act states that it is the fee schedule for these services is con-
sense of Congress that fees and charges tained in 49 CFR 7.95. The applicable
shall be charged for services rendered fees are imposed and collected by the
the public by Federal agencies in order Coast Guard as prescribed in 49 CFR
that such services may be performed on 7.93.
a self-sustaining basis to the fullest ex-
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat.
tent possible. 937; 31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR
[CGFR 6713, 32 FR 11211, Aug. 2, 1967, as 1.46(b))
[CGD 7262R, 37 FR 20166, Sept. 27, 1972; 37 FR
Mar. 16, 2009]
21481, Oct. 12, 1972, as amended by 40 FR
23743, June 2, 1975; CGD 77065, 42 FR 31169,
1.2530 Exceptions.
June 20, 1977; CGD 89085, 55 FR 23930, June
(a) The general policies and instruc- 13, 1990; CGD 91002, 58 FR 15236, Mar. 19, 1993]
tions of the Bureau of the Budget
specify when certain services as spe- 1.2545 Special admeasurement serv-
cifically described in this subpart will ices.
be furnished without charge. If an admeasurer is assigned to meas-
(b) The fees and charges prescribed in ure or certify the tonnage of a vessel at
this subpart are not applicable when the request of the owner thereof at a
requested by, or furnished to, the fol- place other than a port of entry, a cus-
lowing persons, or under the following
tom station, or port where an officer-
circumstances:
in-charge, marine inspection, is lo-
(1) A person who donated the original
cated, the owner shall pay the
document.
(2) A person who has an official, vol- admeasurers:
untary or cooperative relationship to (a) Pay based on the hourly rate for
the Coast Guard in rendering services the grade or level of position held or
promoting safety of life and property. the daily military compensation rate,
(3) Any agency, corporation or as appropriate;
branch of the Federal Government. (b) Travel expense based on the esti-
(4) A person found guilty by an ad- mated cost of travel from and return to
ministrative law judge receives one the nearest port of entry, customs sta-
copy of the transcript of the hearing if tion, or office of an officer-in-charge,
he:
marine inspection; and

(i) Files a notice of appeal, under 46
CFR 5.301; and
25
1.2548 33 CFR Ch. I (7110 Edition)
(c) Daily subsistence expense from posed by the Coast Guard when the
the time he leaves his official duty sta- Coast Guard sells supplies, equipment,
tion until he returns thereto. apparatus, temporary shelter, and serv-
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. ices under certain specified conditions
937; 31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR as authorized by law.
1.46(b)) (b) These sales are intended to permit
[CGD 7262R, 37 FR 20166, Sept. 27, 1972] repayment of costs involved in those
instances which are ordinarily outside
1.2548 Oceanographic research. the scope of those distress services
(a) Each person allowed by the Coast with which the Coast Guard is pri-
Guard to join a Coast Guard voyage for marily concerned (14 U.S.C. 88), or the
the purpose of oceanographic research equipment and apparatus are not read-
is charged the cost of each meal that ily procurable in the open market.
he consumes while on board the Coast
Guard vessel. 1.265 Replacement of medals.
(b) The person, company, association, (a) A medal, or a bar, emblem, or in-
or government agency engaging a signia in lieu thereof, that is lost, de-
Coast Guard vessel for an oceano- stroyed, or rendered unfit for use with-
graphic research study is charged the out fault or neglect on the part of the
daily cost of operating the vessel. person to whom it was awarded by the
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. Coast Guard is replaced without charge
937; 31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR by the Coast Guard as authorized in 14
1.46(b)) U.S.C. 501.
[CGD 7262R, 37 FR 20167, Sept. 27, 1972] (b) A medal, a bar, emblem or insig-
nia in lieu thereof, that is lost, de-
1.2580 Payment of fees, charges or stroyed, or rendered unfit for use due
sales. to the fault or neglect of the person to
(a) The payment of fees and charges whom it was awarded, is replaced after
must be made by postal money order or the Coast Guard is reimbursed for its
check payable to the Treasurer of the cost. Current prices may be obtained
United States or U.S. Coast Guard, from Commandant (CG1221) 2nd St.
and sent to the office of the Coast SW., Stop 7801, Washington, DC 20593
Guard performing the service or fur- 7801.
nishing or delivering the record, docu-
ment, or certificate. If copy is to be (Sec. 1, 63 Stat. 537, 545; sec. 6(b)(1), 80 Stat.
transmitted by registered, air, or spe- 937; 14 U.S.C. 501, 633; 49 U.S.C. 1655(b)(1); 49
cial delivery mail, postal fees therefor CFR 1.46(b))
will be added to fees provided in this [CGD 72207R, 37 FR 25167, Nov. 28, 1972 as
subpart (or the order must include amended by CGD 85077, 51 FR 25366, July 14,
postage stamps or stamped return en- 1986; CGD 96026, 61 FR 33662, June 28, 1996]
velopes).
(b) The fee is payable in advance. 1.2610 Sales to Coast Guard Auxil-
iary.
[CGFR 6713, 32 FR 11211, Aug. 2, 1967]
(a) The provisions of Title 14, U.S.
Subpart 1.26Charges for Dupli- Code, section 891, authorizes the Coast
Guard to furnish the Coast Guard Aux-
cate Medals, and Sales of iliary such items as flags, pennants,
Personal Property, Equipment uniforms, and insignia at actual cost.
or Services and Rentals (b) Sales of the following items (when
available) are permitted to members of
AUTHORITY: 14 U.S.C. 633; 49 CFR 1.46(k). the Auxiliary:
SOURCE: CGFR 6713, 32 FR 11211, Aug. 2, (1) Auxiliary flags and pennants.
1967, unless otherwise noted. (2) Uniforms.
(3) Auxiliary insignia.
1.261 Purpose.
(a) The regulations in this subpart (Sec. 891, 63 Stat. 557 (14 U.S.C. 891)).
establish charges which shall be im-
26
1.2615 Sales of nonexcess personal appropriate when the furnishing of

property and services. food, fuel, general stores, or repairs to
(a) Authority. The provisions of Title the vessel or its equipage are primarily
14, U.S. Code, section 641(b), authorizes for the convenience of the owner, mas-
the Coast Guard to sell apparatus or ter, or crew, and furnished at his or
equipment manufactured by or in use their request. It is not intended and
in the Coast Guard, which is not read- the Coast Guard does not procure and
ily procurable in the open market. The stock equipment and supplies except as
provisions of Title 14, U.S. Code, sec- provided for in current instructions
tion 654 (Pub. L. 86159 approved Aug. issued by competent authority.
14, 1959), authorize the Coast Guard to (3) Supplies provided and services
sell supplies and furnish services to performed will be of a limited nature
public and commercial vessels, and consistent with the situation and with-
other watercraft. 49 U.S.C. 44502(d) au- in the capabilities of the Coast Guard
thorizes the Coast Guard to provide for unit concerned; provided this will not
assistance, the sale of fuel, oil, equip- be in competition with commercial en-
ment, and supplies, to an aircraft when terprise when such facilities are avail-
necessary to allow the aircraft to con- able and deemed adequate. It is not in-
tinue to the nearest private airport. tended to permit the operators of ves-
(b) Charges established by District Com- sels or watercraft to take advantage of
mander. The charges for supplies and the Government by demanding free
services which may be normally ex- supplies or services. Determination as
pected to be furnished to persons, cor- to whether charges will be made is de-
porations, companies, vessels, and pendent upon the circumstances in-
other watercraft, and non-Federal air- volved in each instance. The responsi-
craft will vary between various geo- bility to make this determination rests
graphical regions depending on local with the District Commander who may
circumstances. The District Com- delegate it to his subordinates.
mander is hereby delegated authority (4) The minimum charge for any sup-
to prescribe and he shall establish, in plies or services furnished to a vessel
advance wherever practicable, the or other watercraft shall be $10. The
charges to be imposed and collected in prices for fuels and materials which
various areas under his jurisdiction, may be sold will be at Coast Guard cost
which will be in accordance with the plus 20 percent or, if readily deter-
applicable general minimum terms and minable, at the commercial price in
conditions in the laws and this section. the immediate operating area, which-
In those cases where the charges have ever is higher. The charges for services
not been established in advance, the furnished a vessel or watercraft will be
matter shall be priced on an individual an average cost equal to the full price,
basis, taking into consideration the plus taxes, that a boat owner would
facts and circumstances regarding the pay a local commercial concern for
situation. The list(s) of charges estab- such services.
lished by the District Commander shall (5) The sales of supplies and services
be available for reading and copying at will be documented and will set forth
the office of the issuing District Com- the name, type, and identifying num-
mander, which list(s) will be up-dated ber of the vessel or watercraft receiv-
and reissued when necessary. ing supplies or services; name and ad-
(c) Sales to vessels and other watercraft. dress of vessels owner; and conditions
(1) The charges imposed for services under which it was determined to make
are intended to permit repayment of a sale to the vessel or watercraft.
costs involved in those instances where Wherever possible, payment shall be
supplies and services are furnished to obtained at the time supplies and serv-
meet the necessities of the cir- ices are furnished.
cumstances, and such vessels or (d) Sales of equipment not readily pro-
watercraft are not within the scope of curable on the open market. Charges im-
those distress services performed by posed for sales of apparatus and equip-
the Coast Guard. ment manufactured by or in use in the

(2) Charges for sales of supplies and/ Coast Guard which, in the opinion of
or furnishing of services are considered the Commandant (CG-9), is not readily
27
1.2620 33 CFR Ch. I (7110 Edition)
procurable in the open market, are sub- (3) The Government will not assume
ject to the following conditions: any responsibility for any loss or dam-
(1) The apparatus or equipment has age incurred by such aircraft while on
not been reported as excess to the Gen- a Coast Guard reservation and the
eral Services Administration (if so re- owner shall be required to remove the
ported, requests to purchase will be aircraft from the reservation at the
submitted by the Commandant (CG-9) earliest practicable date.
to the General Services Administra- (4) Storage charges for such aircraft
tion); and, on a Coast Guard reservation shall be
(2) The apparatus or equipment is not as follows:
classified for security reasons or is not (i) For the first 6 working days, no
dangerous to the public health and charge;
safety; and, (ii) For each calendar day thereafter,
(3) The authorized buyers of this ap- $3 for a single motor plane and $5 for a
paratus or equipment are foreign, dual or multiengine plane.
State, or municipal governments or (5) In the absence of any information
governmental units thereof; parties re- to the contrary regarding a particular
quired to maintain private aids to item or material, the price at which
navigation; contractors engaged on the item is carried in stock, or on the
public works; and in other cases in Plant Property Record (book price)
which, in the judgment of the Com- will be regarded as the fair market
mandant (FS), the public interest may value.
be served; and, (6) When materials or services or
(4) The approved sales will be at both materials and services are fur-
prices determined by the Commandant nished an aircraft, a deposit equal to
(CG-9), which will include an overhead the estimated value of such services
charge not to exceed 25 percent of ac- and materials as will be required shall
quisition cost. be obtained in advance of the rendition
(e) Sales to and storage of non-Federal of the services and issuance of the ma-
aircraft. (1) Activities having the nec- terials.
essary supplies and facilities are au- (7) The charges for mechanical serv-
thorized to furnish fuel, oil, equipment, ices rendered (other than in connection
supplies, mechanical services, tem- with the arrival, refueling, and depar-
porary storage, or other assistance to ture of airplanes) shall be an hourly
any aircraft operated by State, munic- charge for labor, with a minimum of 1
ipal, or private enterprise in emer- hour, which shall be the equivalent to
gency cases. Complete engines, air- the schedule of wage rates for civilian
plane wings, or other major items of personnel for the district (i.e., machin-
equipment shall not be furnished with- ists, helpers, etc.), regardless of wheth-
out prior authority from the Com- er the services are performed by en-
mandant. listed or civilian personnel.
(2) Aircraft damaged to the extent
that major repairs are required may be (Sec. 1107, 72 Stat. 798, as amended; sec. 641,
given emergency storage at the request 63 Stat. 547, as amended; sec. 1, 73 Stat. 357;
49 U.S.C. 1507; 14 U.S.C. 641(b), 654)
of the pilot, provided the necessary fa-
cilities are available. No such aircraft [CGFR 6713, 32 FR 11211, Aug. 2, 1967, as
will be given a major or minor over- amended by USCG19983799, 63 FR 35525,
haul. Damaged aircraft may be stored June 30, 1998]
in its original damaged condition. If
aircraft requires extensive repairs, 1.2620 Sales to eligible foreign gov-
ernments.
such as would include the replacing of
major parts and such major parts can- (a) Policy of United States. The Con-
not be made available or supplied with- gressional policy is set forth in Title
in a reasonable length of time by the 22, U.S. Code, section 2351. The Execu-
operator of such aircraft, then the air- tive Order No. 10973 dated November 3,
craft must be removed from the Coast 1961 (26 FR 10469), describes the admin-
Guard reservation by the operator istration of foreign assistance and re-
without delay. lated functions.
28
(b) Diplomatic transactions. Sales of 2.24 Internal waters.

Coast Guard material under reimburs- 2.26 Inland waters.
able aid will be by direction of the 2.28 Contiguous zone.
Commandant (CG-9) and as approved by 2.30 Exclusive Economic Zone.
the Office of the Chief of Naval Oper- 2.32 High seas.
ations. Reimbursable aid transactions 2.34 Waters subject to tidal influence; wa-
ters subject to the ebb and flow of the
are diplomatic transactions and are ne- tide; mean high water.
gotiated primarily between the respec- 2.36 Navigable waters of the United States,
tive foreign military attache or other navigable waters, territorial waters.
representatives of their embassy in 2.38 Waters subject to the jurisdiction of
Washington, DC, and the Office of the the United States; waters over which the
Chief of Naval Operations. Prices will United States has jurisdiction.
be based on material cost only and es-
timates will not include packing, crat- Subpart CAvailability of Jurisdictional
ing, and handling or transportation Decisions
costs. Under reimbursable aid, trans- 2.40 Maintenance of decisions.
portation costs are borne by the pur- 2.45 Decisions subject to change or modi-
chasing country and shipments are fication and availability of lists and
usually accomplished on collect com- charts.
mercial bills of lading.
AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 1222;
1.2625 Payment of charges. Pub. L. 89670, 80 Stat. 931, 49 U.S.C. 108; Pub.
L. 107296, 116 Stat. 2135, 2249, 6 U.S.C. 101
(a) The payment of charges shall be note and 468; Department of Homeland Secu-
by postal money order or check pay- rity Delegation No. 0170.1.
able to U.S. Coast Guard, and given SOURCE: USCG20019044, 68 FR 42598, July
or sent to the office of the Coast Guard 18, 2003, unless otherwise noted.
performing the service or furnishing
the supplies, equipment, etc.
Subpart AGeneral
PART 2JURISDICTION 2.1 Purpose.
(a) The purpose of this part is to de-
Subpart AGeneral
fine terms the Coast Guard uses in reg-
Sec. ulations, policies, and procedures, to
2.1 Purpose. determine whether it has jurisdiction
2.5 Specific definitions control. on certain waters in cases where spe-
cific jurisdictional definitions are not
Subpart BJurisdictional Terms otherwise provided.
2.20 Territorial sea baseline. (b) Figure 2.1 is a visual aid to assist
2.22 Territorial sea. you in understanding this part.
29
2.5 33 CFR Ch. I (7110 Edition)
2.5 Specific definitions control. contained in this part, the former defi-
nition controls.
In cases where a particular statute,
regulation, policy or procedure pro- NOTE TO 2.5: For example, the definition
vides a specific jurisdictional defini- of inland waters in the Inland Naviga-

tional Rules Act of 1980 (33 U.S.C. 2003(o))
tion that differs from the definitions
would control the interpretation of inland
30
ER18JY03.046</GPH>
navigation rules created under that Act and jacent to the coast of the United States
the inland waters definition in 46 CFR and seaward of the territorial sea base-
10.103 would control regulations in 46 CFR line.
part 10. Also, in various laws administered
and enforced by the Coast Guard, the terms
(2) Unless otherwise specified in para-
State and United States are defined to graph (a)(1) of this section, territorial
include some or all of the territories and pos- sea means the waters, 3 nautical miles
sessions of the United States. The definitions wide, adjacent to the coast of the
in 2.36 and 2.38 should be considered as sup- United States and seaward of the terri-
plementary to these statutory definitions torial sea baseline.
and not as interpretive of them. (3) In cases where regulations are
promulgated under the authority of
Subpart BJurisdictional Terms statutes covered by both paragraphs
(a)(1) and (a)(2) of this section, the
2.20 Territorial sea baseline. Coast Guard may use the definition of
Territorial sea baseline means the line territorial sea in paragraph (a)(1) of
defining the shoreward extent of the this section.
territorial sea of the United States (b) With respect to any other nation,
drawn according to the principles, as territorial sea means the waters adja-
recognized by the United States, of the cent to its coast that have a width and
Convention on the Territorial Sea and baseline recognized by the United
the Contiguous Zone, 15 U.S.T. 1606, States.
and the 1982 United Nations Conven-
[USCG20019044, 68 FR 42598, July 18, 2003, as
tion on the Law of the Sea (UNCLOS), amended by USCG200314792, 68 FR 60470,
21 I.L.M. 1261. Normally, the territorial Oct. 22, 2003]
sea baseline is the mean low water line
along the coast of the United States. 2.24 Internal waters.
NOTE TO 2.20: Charts depicting the terri-
(a) With respect to the United States,
torial sea baseline are available for examina-
tion in accordance with 1.105 of this chap- internal waters means the waters shore-
ter. ward of the territorial sea baseline.
(b) With respect to any other nation,
2.22 Territorial sea. internal waters means the waters shore-
(a) With respect to the United States, ward of its territorial sea baseline, as
the following apply recognized by the United States.
(1) Territorial sea means the waters, 12
2.26 Inland waters.
nautical miles wide, adjacent to the
coast of the United States and seaward Inland waters means the waters
of the territorial sea baseline, for shoreward of the territorial sea base-
(i) Statutes included within subtitle line.
II and subtitle VI, title 46, U.S.C.; the
Ports and Waterways Safety Act, as 2.28 Contiguous zone.
amended (33 U.S.C. 12211232); the Act (a) For the purposes of the Federal
of June 15, 1917, as amended (50 U.S.C. Water Pollution Control Act (33 U.S.C.
191195); and the Vessel Bridge-to- 1251 et seq.), contiguous zone means the
Bridge Radiotelephone Act (33 U.S.C. zone, 9 nautical miles wide, adjacent to
12011208), and any regulations issued and seaward of the territorial sea, as
under the authority of these statutes. defined in 2.22(a)(2), that was declared
(ii) Purposes of criminal jurisdiction to exist in Department of State Public
pursuant to Title 18, United States Notice 358 of June 1, 1972 and that ex-
Code. tends from 3 nautical miles to 12 nau-
(iii) The special maritime and terri- tical miles as measured from the terri-
torial jurisdiction as defined in 18 torial sea baseline.
U.S.C. 7. (b) For all other purposes, contiguous
(iv) Interpreting international law. zone means all waters within the area
(v) Any other treaty, statute, or reg- adjacent to and seaward of the terri-
ulation, or amendment thereto, inter- torial sea, as defined in 2.22(a), and ex-
preted by the Coast Guard as incor- tending to 24 nautical miles from the
porating the definition of territorial territorial sea baseline, but in no case
sea as being 12 nautical miles wide, ad- extending within the territorial sea of
31
another nation, as declared in Presi- torial seas of the United States and
dential Proclamation 7219 of Sep- other nations.
tember 2, 1999 (113 Stat. 2138). (d) Under customary international
law as reflected in the 1982 United Na-
2.30 Exclusive Economic Zone. tions Convention on the Law of the Sea
(a) With respect to the United States, and without prejudice to high seas free-
including the Commonwealth of Puerto doms that may be exercised within ex-
Rico, the Commonwealth of the North- clusive economic zones pursuant to ar-
ern Mariana Islands, Guam, American ticle 58 of the United Nations Conven-
Samoa, the United States Virgin Is- tion on the Law of the Sea, and unless
lands, and any other territory or pos- the context clearly requires otherwise
session over which the United States (e.g., The International Convention Re-
exercises sovereignty, exclusive eco- lating to Intervention on the High Seas
nomic zone means the zone seaward of in Cases of Oil Pollution Casualties,
and adjacent to the territorial sea, as 1969, including annexes thereto), high
defined in 2.22(a), including the con- seas means all waters that are not the
tiguous zone, and extending 200 nau- exclusive economic zone (as defined in
tical miles from the territorial sea 2.30), territorial sea (as defined in
baseline (except where otherwise lim- 2.22), or internal waters of the United
ited by treaty or other agreement rec-
States or any other nation.
ognized by the United States) in which
the United States has the sovereign [USCG20019044, 68 FR 42598, July 18, 2003, as
rights and jurisdiction and all nations amended by USCG200727887, 72 FR 45902,
have the high seas freedoms mentioned Aug. 16, 2007]
in Presidential Proclamation 5030 of
March 10, 1983. 2.34 Waters subject to tidal influence;
waters subject to the ebb and flow
(b) Under customary international
of the tide; mean high water.
law as reflected in Article 56 of the 1982
United Nations Convention on the Law (a) Waters subject to tidal influence and
of the Sea, and with respect to other waters subject to the ebb and flow of the
nations, exclusive economic zone means tide are waters below mean high water.
the waters seaward of and adjacent to These terms do not include waters
the territorial sea, not extending be- above mean high water caused by flood
yond 200 nautical miles from the terri- flows, storms, high winds, seismic
torial sea baseline, as recognized by waves, or other non-lunar phenomena.
the United States. (b) Mean high water is the average of
the height of the diurnal high water at
2.32 High seas.
a particular location measured over a
(a) For purposes of special maritime lunar cycle of 19 years.
and territorial jurisdiction of the
United States as defined in 18 U.S.C. 7, 2.36 Navigable waters of the United
high seas means all waters seaward of States, navigable waters, and terri-
the territorial sea baseline. torial waters.
(b) For the purposes of section 2 of (a) Except as provided in paragraph
the Act of February 19, 1895, as amend- (b) of this section, navigable waters of
ed (33 U.S.C. 151) and the Inland Navi- the United States, navigable waters, and
gational Rules Act of 1980 (33 U.S.C. territorial waters mean, except where
Chapter 34), high seas means the waters Congress has designated them not to be
seaward of any lines established under navigable waters of the United States:
these statutes, including the lines de-
(1) Territorial seas of the United
scribed in part 80 of this chapter and 46
States;
CFR part 7.
(2) Internal waters of the United
(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. States that are subject to tidal influ-
1471 et seq., high seas includes the exclu- ence; and
(3) Internal waters of the United
sive economic zones of the United

States and other nations, as well as States not subject to tidal influence
those waters that are seaward of terri- that:
32
Coast Guard, DHS Pt. 3
(i) Are or have been used, or are or Subpart CAvailability of

have been susceptible for use, by them- Jurisdictional Decisions
selves or in connection with other wa-
ters, as highways for substantial inter- 2.40 Maintenance of decisions.
state or foreign commerce, notwith-
(a) From time to time, the Coast
standing natural or man-made obstruc-
Guard makes navigability determina-
tions that require portage, or tions of specific waterways, or portions
(ii) A governmental or non-govern- thereof, in order to determine its juris-
mental body, having expertise in wa- diction on those waterways. Copies of
terway improvement, determines to be these determinations are maintained
capable of improvement at a reason- by the District Commander in whose
able cost (a favorable balance between district the waterway is located.
cost and need) to provide, by them- (b) If the district includes portions of
selves or in connection with other wa- the territorial sea, charts reflecting
ters, as highways for substantial inter- Coast Guard decisions as to the loca-
state or foreign commerce. tion of the territorial sea baseline for
(b) Navigable waters of the United the purposes of Coast Guard jurisdic-
States and navigable waters, as used in tion are maintained by the District
sections 311 and 312 of the Federal Commander in whose district the por-
Water Pollution Control Act, as tion of the territorial sea is located.
amended, 33 U.S.C. 1321 and 1322, mean:
(1) Navigable waters of the United 2.45 Decisions subject to change or
States as defined in paragraph (a) of modification and availability of lists
and charts.
this section and all waters within the
United States tributary thereto; and The determinations referred to in
(2) Other waters over which the Fed- 2.40 are subject to change or modifica-
eral Government may exercise Con- tion. The determinations are made for
stitutional authority. Coast Guard use at the request of Coast
Guard officials. Determinations made
2.38 Waters subject to the jurisdic- or subsequently changed are available
tion of the United States; waters to the public under 1.105(b) of this
over which the United States has chapter. Inquiries concerning whether
jurisdiction. a determination has been made for spe-
Waters subject to the jurisdiction of the cific waters, for the purposes of Coast
United States and waters over which the Guard jurisdiction, should be directed
United States has jurisdiction mean the to the District Commander of the dis-
following waters trict in which the waters are located.
(a) Navigable waters of the United
States, as defined in 2.36(a). PART 3COAST GUARD AREAS,
(b) Waters, other than those under DISTRICTS, SECTORS, MARINE IN-
paragraph (a) of this section, that are SPECTION ZONES, AND CAPTAIN
located on lands for which the United OF THE PORT ZONES
States has acquired title or controls
and Subpart 3.01General Provisions
(1) Has accepted jurisdiction accord-
Sec.
ing to 40 U.S.C. 255; or
3.011 General description.
(2) Has retained concurrent or exclu- 3.015 Assignment of functions.
sive jurisdiction from the date that the
State in which the lands are located Subpart 3.04Coast Guard Areas
entered the Union.
(c) Waters made subject to the juris- 3.041 Atlantic Area.
diction of the United States by oper- 3.043 Pacific Area.
ation of the international agreements
Subpart 3.05First Coast Guard District
and statutes relating to the former
Trust Territory of the Pacific Islands,
3.051 First district.

and waters within the territories and 3.0510 Sector Boston Marine Inspection
possessions of the United States. Zone and Captain of the Port Zone.
33
Pt. 3 33 CFR Ch. I (7110 Edition)
3.0515 Sector Northern New England Ma- Subpart 3.45Ninth Coast Guard District
rine Inspection Zone and Captain of the
Port Zone. 3.451 Ninth district.
3.0520 Sector Southeastern New England 3.4510 Sector Buffalo Marine Inspection
Marine Inspection Zone and Captain of Zone and Captain of the Port Zone.
the Port Zone. 3.4515 Sector Lake Michigan Marine In-
3.0530 Sector New York Marine Inspection spection Zone and Captain of the Port
Zone and Captain of the Port Zone. Zone.
3.0535 Sector Long Island Sound Marine In- 3.4520 Sector Detroit Marine Inspection
spection Zone and Captain of the Port Zone and Captain of the Port Zone.
Zone.
3.4545 Sector Sault Ste. Marie Marine In-
Subpart 3.25Fifth Coast Guard District spection Zone and Captain of the Port
Zone; Marine Safety Unit Duluth.
3.251 Fifth district.
3.2505 Sector Delaware Bay Marine Inspec- Subpart 3.55Eleventh Coast Guard
tion Zone and Captain of the Port Zone. District
3.2510 Sector Hampton Roads Marine In-
spection Zone and Captain of the Port 3.551 Eleventh district.
Zone. 3.5510 Sector Los Angeles-Long Beach Ma-
3.2515 Sector Baltimore Marine Inspection rine Inspection Zone and Captain of the
Zone and Captain of the Port Zone. Port Zone.
3.2520 Sector North Carolina Marine In- 3.5515 Sector San Diego Marine Inspection
spection Zone and Captain of the Port Zone and Captain of the Port Zone.
Zone; Marine Safety Unit Wilmington: 3.5520 Sector San Francisco: San Francisco
Cape Fear River Marine Inspection and Bay Marine Inspection Zone and Captain
Captain of the Port Zones. of the Port Zone.
Subpart 3.35Seventh Coast Guard District
Subpart 3.65Thirteenth Coast Guard
3.351 Seventh district. District
3.3510 Sector Miami Marine Inspection
Zone and Captain of the Port Zone. 3.651 Thirteenth district.
3.3515 Sector Charleston Marine Inspection 3.6510 Sector Seattle: Puget Sound Marine
Zone and Captain of the Port Zone; Ma- Inspection Zone and Captain of the Port
rine Safety Unit Savannah. Zone.
3.3520 Sector Jacksonville Marine Inspec- 3.6515 Sector Portland Marine Inspection
tion Zone and Captain of the Port Zone. Zone and Captain of the Port Zone.
3.3525 Sector San Juan Marine Inspection
Zone and Captain of the Port Zone. Subpart 3.70Fourteenth Coast Guard
3.3535 Sector St. Petersburg Marine Inspec- District
tion Zone and Captain of the Port Zone.
3.3540 Sector Key West Marine Inspection 3.701 Fourteenth district.
Zone and Captain of the Port Zone. 3.7010 Sector Honolulu Marine Inspection
Zone and Captain of the Port Zone.
Subpart 3.40Eighth Coast Guard District 3.7015 Sector Guam Marine Inspection
3.401 Eighth district. Zone and Captain of the Port Zone.
3.4010 Sector Mobile Marine Inspection 3.7020 Activities Far East Marine Inspec-
Zone and Captain of the Port Zone. tion Zone.
3.4015 Sector New Orleans Marine Inspec-
tion Zone and Captain of the Port Zone; Subpart 3.85Seventeenth Coast Guard
Marine Safety Unit Morgan City. District
3.4028 Sector Houston-Galveston Marine
Inspection Zone and Captain of the Port 3.851 Seventeenth district.
Zone; Marine Safety Unit Port Arthur. 3.8510 Sector Juneau: Southeast Alaska
3.4035 Sector Corpus Christi Marine Inspec- Marine Inspection Zone and Captain of
tion Zone and Captain of the Port Zone. the Port Zones.
3.4040 Sector Upper Mississippi River Ma- 3.8515 Sector Anchorage: Western Alaska
rine Inspection Zone and Captain of the Marine Inspection Zone and Captain of
Port Zone. the Port Zones; Marine Safety Unit
3.4060 Sector Lower Mississippi River Ma- Valdez: Prince William Sound Marine In-
rine Inspection Zone and Captain of the spection and Captain of the Port Zones.
Port Zone.
3.4065 Sector Ohio Valley Marine Inspec- AUTHORITY: 14 U.S.C. 92; Pub. L. 107296, 116
tion Zone and Captain of the Port Zone; Stat. 2135; Department of Homeland Security
Marine Safety Unit Pittsburgh. Delegation No. 0170.1, para. 2(23).
34
Subpart 3.01General Provisions mander is responsible for all Coast

Guard missions within the sectors
3.011 General description. area of responsibility. The Sector Com-
(a) The Coast Guards general organi- manders authorities include Search
zation for the performance of its as- and Rescue Mission Coordinator, Fed-
signed functions and duties consists of eral Maritime Security Coordinator,
the Commandant, assisted by the Head- Federal On-Scene Coordinator, and, in
quarters staff, two Area Offices to act most Sectors, Officer in Charge Marine
as intermediate echelons of operational Inspection (OCMI) and Captain of the
command, and District and Sector Of- Port (COTP). In his or her capacities as
fices to provide regional direction and OCMI and COTP, the Sector Com-
coordination. Area, District, and Sec- mander is responsible for a Marine In-
tor offices operate within defined geo- spection Zone and COTP Zone.
graphical areas of the United States, (2) In some Sectors, a Marine Safety
its territories, and possessions, includ- Unit (MSU) retains OCMI and COTP
ing portions of the high seas adjacent authority over a designated portion of
thereto. They are established by the the Sectors area of responsibility. In
Commandant and their areas of respon- such cases, OCMI and COTP authority
sibility are described in this part. is exercised by the MSU Commander,
(b)(1) The two Coast Guard Areas are not the Sector Commander. The appeal
the Atlantic Area and the Pacific Area. of a COTP order or OCMI matter is
A Coast Guard Area Commander is in routed from the MSU Commander
command of a Coast Guard Area. The through the Sector Commander and
Atlantic Area Office is collocated with then to the District Commander.
the Fifth Coast Guard District Office. (e) An OCMI is in command of a Ma-
The Pacific Area Office is collocated rine Inspection Zone and his or her of-
with the Eleventh Coast Guard District fice may be referred to as a Coast
Office. Area Commanders are respon- Guard Marine Inspection Office. The
sible for determining when operational OCMIs duties are described in 1.0120
matters require the coordination of of this subchapter.
forces and facilities of more than one (f) A COTP is in command of a COTP
district. Zone and his or her office may be re-
(2) For search and rescue (SAR) mis- ferred to as a COTP Office. The COTPs
sion execution in the Atlantic Area, duties are described in 1.0130 of this
Districts may execute SAR missions to subchapter.
the full extent of the Areas Search and (g) Each COTP Zone and each Marine
Rescue Region (SRR). Under this plan, Inspection Zone described in this part
Districts in the Atlantic Area will as- also includes the United States terri-
sume SAR Coordinator responsibilities torial seas adjacent to the described
and will act as SAR Mission Coordi- area or zone for the purpose of enforc-
nator for any case prosecuted within ing or acting pursuant to a statute ef-
their expanded regions. The exact co- fective in the United States territorial
ordinates of Atlantic Areas SRR can seas. Each COTP Zone and each Marine
be found in the United States National Inspection Zone described in this part
Search and Rescue Supplement to the also includes the contiguous zone adja-
International Aeronautical and Mari- cent to the area or zone for the purpose
time Search and Rescue Manual. of enforcing or acting pursuant to a
(c) A Coast Guard District Com- statute effective in the contiguous
mander is in command of a Coast zone, as defined in 2.28 of this sub-
Guard District and the District Com- chapter. Each COTP Zone and each Ma-
manders office may be referred to as a rine Inspection Zone described in this
Coast Guard District Office. The Dis- part also includes the exclusive eco-
trict Commanders duties are described nomic zone (EEZ) adjacent to the area
in 1.011 of this subchapter. for the purpose of enforcing or acting
(d)(1) A Coast Guard Sector Com- pursuant to a statute effective in the
mander is in command of a Coast EEZ, as defined in 2.30 of this sub-
Guard Sector and the Sector Com- chapter.

manders office is referred to as a Coast (h) Geographic descriptions used in
Guard Sector Office. The Sector Com- this part are based upon boundaries
35
3.015 33 CFR Ch. I (7110 Edition)
and points located using the WGS 1984 south along 95 W. longitude to the
world grid system. When referenced, North American land mass; thence
the outermost extent of the U.S. EEZ along the east coast of the North, Cen-
is the line of demarcation produced by tral, and South American land mass to
the National Oceanic and Atmospheric the intersection with 70 W. longitude;
Administration (NOAA) using the NAD thence due south to the South Pole.
1983 coordinate system and projected to These waters extend east to the East-
the WGS 1984 grid system. Both coordi- ern Hemisphere dividing line between
nate systems are geocentric and simi- the Atlantic and Pacific Areas which
lar such that they are Global Posi- lies along a line extending from the
tioning System (GPS) compatible North Pole south along 100 E. lon-
throughout the area of concern. Reso- gitude to the Asian land mass and
lution is based upon ddmmss readings along a line extending from the South
to tenths of a second. This corresponds Pole north along 17 E. longitude to the
to a positional precision of about 2 African land mass.
meters. Decimal degrees to 5 decimal [CGFR 70150, 36 FR 910, Jan. 20, 1971, as
places correspond to a positional preci- amended by CGD 87008, 52 FR 13083, Apr. 21,
sion of about 1 meter. State bound- 1987; CGD 96025, 61 FR 29959, June 13, 1996]
aries used to determine points for de-
scriptions of jurisdictional limits were 3.043 Pacific Area.
based upon the National Transpor- (a) The Area Office is in Alameda,
tation Atlas Database 2003 produced by CA.
the Bureau of Transportation Statis- (b) The Pacific Area is comprised of
tics. This data set was produced at a the land areas and the U.S. navigable
scale of 1:100,000 and theoretically re- waters of the Eleventh, Thirteenth,
sults in a nationwide locational accu- Fourteenth, and Seventeenth Coast
racy of about 50 meters of true posi- Guard Districts and the ocean areas
tion. lying west of a line extending from the
[USCG200625556, 72 FR 36318, July 2, 2007, as North Pole south along 95 W. lon-
amended by USCG20100351, 75 FR 36277, gitude to the North American land
June 25, 2010] mass; thence along the west coast of
the North, Central, and South Amer-
3.015 Assignment of functions. ican land mass to the intersection with
Section 888 of Pub. L. 107296, 116 70 W. longitude; thence due south to
Stat. 2135, authorizes the Commandant the South Pole. These waters extend
of the Coast Guard to exercise certain west to the Eastern Hemisphere divid-
functions, powers, and duties vested in ing line between the Atlantic and Pa-
the Secretary of Homeland Security by cific Areas which lies along a line ex-
law. The general statements of policy tending from the North Pole south
in the rules describing Coast Guard or- along 100 E. longitude to the Asian
ganization are prescribed pursuant to 5 land mass and along a line extending
U.S.C. 552 (80 Stat. 383, as amended) from the South Pole north along 17 E.
and 14 U.S.C. 633 (63 Stat. 545). longitude to the African land mass.
[CGFR 70150, 36 FR 910, Jan. 20, 1971, as [CGFR 70150, 36 FR 910, Jan. 20, 1971, as
amended by USCG200314505, 68 FR 9534, amended by CGD 87008, 52 FR 13084, Apr. 21,
Feb. 28, 2003] 1987; CGD 96025, 61 FR 29959, June 13, 1996]
Subpart 3.04Coast Guard Areas Subpart 3.05First Coast Guard

District
3.041 Atlantic Area.
(a) The Area Office is in Portsmouth, 3.051 First district.
VA. (a) The District Office is in Boston,
(b) The Atlantic Area is comprised of Massachusetts.
the land areas and U.S. navigable wa- (b) The First Coast Guard District is
ters of the First, Fifth, Seventh, comprised of: Maine; New Hampshire;
Eighth and Ninth Coast Guard Dis- Vermont; Massachusetts; Rhode Island;
tricts and the ocean areas lying east of Connecticut; New York except that
a line extending from the North Pole part north of latitude 42 N. and west of
36
longitude 7439 W; that part of New extent of the northern Massachusetts

Jersey north of 4018 N. latitude, east boundary to the point of origin.
of 7430.5 W. longitude, and northeast [USCG200625556, 72 FR 36319, July 2, 2007]
of a line from 4018 N. 7430.5 W. north-
northwesterly to the New York, New 3.0515 Sector Northern New Eng-
Jersey & Pennsylvania boundaries at land Marine Inspection Zone and
Tristate; all U.S. Naval reservations on Captain of the Port Zone.
shore at Newfoundland; the ocean area Sector Northern New Englands office
encompassed by the Search and Rescue is located in Portland, ME. The bound-
boundary between Canada and the aries of Sector Northern New Englands
United States easterly to longitude 63 Marine Inspection Zone and Captain of
W.; thence due south to latitude 41 N.; the Port Zone start at the boundary of
thence southwesterly along a line bear- the Massachusetts-New Hampshire
ing 219T to the point of intersection at coast at latitude 425220 N, longitude
37 N. latitude, 6713 W. longitude with 704902 W; thence proceeding east to
a line bearing 122T from the New Jer- the outermost extent of the EEZ at a
sey shoreline at 4018 N. latitude (just point latitude 425218 N, longitude
south of the Shrewsbury River); thence 674353 W; thence proceeding north
northwesterly along this line to the along the outermost extent of the EEZ
coast. to the United States-Canadian bound-
[CGFR 6140, 26 FR 10344, Nov. 3, 1961, as ary; thence west along the United
amended by CGD 87008, 52 FR 13084, Apr. 21, States-Canadian boundary and along
1987; CGD 96016, 61 FR 21958, May 13, 1996] the outermost extent of the EEZ to a
point at latitude 445958 N, longitude
3.0510 Sector Boston Marine Inspec- 743900 W; thence south to latitude
tion Zone and Captain of the Port 433600 N, longitude 743900 W; thence
Zone. east through Whitehall, NY, to the New
Sector Bostons office is located in York-Vermont border at latitude
Boston, MA. The boundaries of Sector 43332.8 N, longitude 731501 W;
Bostons Marine Inspection Zone and thence south along the Vermont
Captain of the Port Zone start at the boundary to the Massachusetts bound-
boundary of the Massachusetts-New ary at latitude 424445 N, longitude
Hampshire coasts at latitude 425220 731554 W; thence east along the entire
N, long 704902 W; thence proceeding extent of the northern Massachusetts
east to the outermost extent of the boundary to the point of origin.
EEZ at a point latitude 425218 N, lon- [USCG200625556, 72 FR 36319, July 2, 2007]
gitude 674353 W; thence southeast
along the outermost extent of the EEZ 3.0520 Sector Southeastern New
to a point at latitude 420800 N, lon- England Marine Inspection Zone
gitude 670817 W; thence west to a and Captain of the Port Zone.
point at latitude 420800 N, longitude Sector Southeastern New Englands
701500 W; thence southwest to the office is located in Providence, RI. The
Massachusetts coast near Manomet boundaries of Sector Southeastern New
Point at latitude 415500 N, longitude Englands Marine Inspection Zone and
703300 W; thence northwest to lati- Captain of the Port Zone start on the
tude 420400 N, longitude 710600 W; Massachusetts coast at Manomet Point
thence to the Massachusetts-Rhode Is- at latitude 415500 N, longitude
land boundary at a point latitude 703300 W; thence northeast to lati-
420108 N, longitude 712253 W; thence tude 420800 N, longitude 701500 W;
west along the southern boundary of thence east to the outermost extent of
Massachusetts, except the waters of the EEZ at latitude 420800 N, lon-
Congamond Lakes, to the Massachu- gitude 670817 W; thence south along
setts-New York boundary at latitude the outermost extent of the EEZ to
420259 N, longitude 732949 W; thence latitude 382445 N, longitude 674126
north along the Massachusetts-New W; thence northwest to a point near
York boundary to the Massachusetts- Watch Hill Light, RI, at latitude
New York-Vermont boundaries at a 411814 N, longitude 715130 W; thence

point latitude 424445 N, longitude northeast to Westerly, RI, at latitude
731554 W; thence east along the entire 412100 N, longitude 714830 W; thence
37
3.0530 33 CFR Ch. I (7110 Edition)
north to latitude 412500 N, longitude Marine Inspection Zone and Captain of

714800 W; thence north along the Con- the Port Zone start near the south
necticut-Rhode Island boundary, inshore of Long Island at latitude
cluding the waters of Beach Pond, to 403524 N, longitude 734636 W pro-
the Massachusetts boundary; thence ceeding northeast to latitude 404000
east along the Massachusetts-Rhode Is- N, longitude 734000 W; thence to lati-
land boundary to the northeastern tude 405230 N, longitude 733712 W;
most corner of Rhode Island; thence thence northwest to a point near the
northeast to latitude 420400 N, lon- southern shore of Manursing Island at
gitude 710600 W; thence southeast to latitude 405800 N, longitude 734000
the point of origin. W; thence north to the Connecticut-
[USCG200625556, 72 FR 36319, July 2, 2007] New York boundary at latitude 410130
N, longitude 734000 W; thence north
3.0530 Sector New York Marine In- along the western boundary of Con-
spection Zone and Captain of the necticut to the Massachusetts-Con-
Port Zone. necticut boundary at latitude 420259
Sector New Yorks office is located in N, longitude 732915 W; thence east
New York City, NY. The boundaries of along the southern boundary of Massa-
Sector New Yorks Marine Inspection chusetts, including the waters of the
Zone and Captain of the Port Zone Congamond Lakes, to the Rhode Island
start near the south shore of Long Is- boundary at latitude 420029 N, lon-
land at latitude 403524 N, longitude gitude 714757 W; thence south along
734636 W proceeding southeast to a the Connecticut-Rhode Island bound-
point at latitude 382800 N, longitude ary, excluding the waters of Beach
701100 W; thence northwest to a point Pond, to latitude 412400 N, longitude
near the New Jersey coast at latitude 714800 W; thence south to latitude
401800 N, longitude 735840 W; thence 412100 N, longitude 714830 W near
west along latitude 401800 N to lon- Westerly, RI; thence southwest to a
gitude 743030 W; thence northwest to point near Watch Hill Light, RI, at
the intersection of the New York-New latitude 411814 N, longitude 715130
Jersey-Pennsylvania boundaries near W; thence southeast to the outermost
Tristate at latitude 412127 N, lon- extent of the EEZ at a point latitude
gitude 744142 W; thence northwest 382445 N, longitude 674126 W; thence
along the east bank of the Delaware southwest along the outermost extent
River to latitude 420000 N, longitude of the EEZ to a point latitude 375650
752128 W; thence east to longitude N, longitude 691815 W; thence north-
743900 W; thence north to latitude west to latitude 382800 N, longitude
433600 N; thence east through White- 701100 W; thence northwest to the
hall, NY, to the New York-Vermont point of origin.
border at latitude 433303 N, longitude
[USCG200625556, 72 FR 36319, July 2, 2007]
731501 W; thence south along the New
York boundary to latitude 410130 N,
longitude 734000 W; thence south to a Subpart 3.25Fifth Coast Guard
point near the southern shore of District
Manursing Island at latitude 405800
N, longitude 734000 W; thence south- 3.251 Fifth district.
easterly to latitude 405230 N, lon- (a) The District Office is in Ports-
gitude 733712 W; thence south to lati- mouth, Va.
tude 404000 N, longitude 734000 W; (b) The Fifth Coast Guard District is
thence southwest to the point of ori- comprised of: North Carolina; Virginia;
gin. District of Columbia; Maryland; Dela-
[USCG200625556, 72 FR 36319, July 2, 2007] ware; that part of Pennsylvania east of
a line drawn along 7855 W. longitude
3.0535 Sector Long Island Sound south to 4100 N. latitude, thence west
Marine Inspection Zone and Cap- to 7900 W. longitude, and thence south
tain of the Port Zone. to the Pennsylvania-Maryland bound-
Sector Long Island Sounds office is ary; that portion of New Jersey that
located in New Haven, CT. The bound- lies south and west of a line drawn
aries of Sector Long Island Sounds from the New Jersey shoreline at 4018
38
N. latitude (just south of the Shrews- W; thence east to the intersection of

bury River), thence westward to 4018 the Maryland-Delaware boundary at
N. latitude, 7430.5 W. longitude, latitude 394322 N, longitude 754717
thence north-northwesterly to the W; thence south along the Maryland-
junction of the New York, New Jersey, Delaware boundary to latitude 382737
and Pennsylvania boundaries at Tri- N, longitude 754135 W and east along
state; and the ocean area encompassed the Maryland-Delaware boundary to
by a line bearing 122T from the coastal and including Fenwick Island Light at
end of the First and Fifth Districts latitude 382703 N, longitude 750255
land boundary at the intersection of W. The offshore boundary starts at
the New Jersey shoreline and 4018 N. Fenwick Island Light and proceeds east
latitude (just south of the Shrewsbury to a point at latitude 382625 N, lon-
River) to the southernmost point in gitude 742646 W; thence southeast to
the First Coast Guard District (a point latitude 371914 N, longitude 721313
located at approximately 37 N. lati- W; thence east to the outermost extent
tude, 6713 W. longitude); thence along of the EEZ at latitude 371914 N, lon-
a line bearing 219T to the point of gitude 710254 W; thence northeast
intersection with the ocean boundary along the outermost extent of the EEZ
between the Fifth and Seventh Coast to latitude 375650 N, longitude
Guard Districts, which is defined as a 691815 W; thence northwest to lati-
line bearing 122T from the coastal end tude 382800 N, longitude 701100 W;
of the Fifth and Seventh Districts land thence northwest to a point near the
boundary at the shoreline at the North New Jersey coast at latitude 401800
Carolina-South Carolina border, point N, longitude 735840 W.
located at approximately 3055 N. 73 [USCG200625556, 72 FR 36320, July 2, 2007]
W.; thence northwesterly along this
line to the coast. 3.2510 Sector Hampton Roads Ma-
rine Inspection Zone and Captain of
[CGFR 6140, 26 FR 10347, Nov. 3, 1961, as the Port Zone.
amended by CGD 87008, 52 FR 13084, Apr. 21,
1987; 52 FR 16480, May 5, 1987; CGD 87008b, 52 Sector Hampton Roads office is lo-
FR 25217, July 6, 1987; CGD 96016, 61 FR cated in Portsmouth, VA. The bound-
21959, May 13, 1996] aries of Sector Hampton Roads Marine
Inspection Zone and Captain of the
3.2505 Sector Delaware Bay Marine Port Zone start at a point on the Dela-
Inspection Zone and Captain of the ware-Maryland boundary at latitude
Port Zone. 380018 N, longitude 753000 W and
Sector Delaware Bays office is lo- proceeds north to the Delaware-Mary-
cated in Philadelphia, PA. The bound- land boundary at latitude 382715 N,
aries of Sector Delaware Bays Marine longitude 753000 W; thence east along
Inspection Zone and Captain of the the Delaware-Maryland boundary to
Port Zone start near the New Jersey the intersection of the Maryland-Dela-
coast at latitude 401800 N, longitude ware boundary and the coast at lati-
735840 W, proceeding west to latitude tude 382703 N, longitude 750255 W
401800 N, longitude 743030 W, thence thence east to a point at latitude
north-northwest to the junction of the 382625 N, longitude 742646 W; thence
New York, New Jersey, and Pennsyl- southeast to latitude 371914 N, lon-
vania boundaries near Tristate at lati- gitude 721313 W; thence east to the
tude 412127 N, longitude 744142 W; outermost extent of the EEZ at lati-
thence northwest along the east bank tude 371914 N, longitude 710254 W;
of the Delaware River to latitude thence south along the outermost ex-
420000 N, longitude 752128 W; thence tent of the EEZ to a point latitude
west along the New York-Pennsylvania 363300 N, longitude 712934 W; thence
boundary to latitude 420000 N, lon- west along latitude 363300 N to the
gitude 785458 W; thence south to lati- Virginia-North Carolina boundary at
tude 410000 N, longitude 785458 W; latitude 363300 N, longitude 755200
thence west to latitude 410000 N, lon- W; thence west along the Virginia-
gitude 790000 W; thence south to the North Carolina boundary to the inter-
Pennsylvania-Maryland boundary at section of Virginia-North Carolina-
latitude 394322 N, longitude 790000 Tennessee; thence along the Virginia-
39
3.2515 33 CFR Ch. I (7110 Edition)
Tennessee boundary to the intersection gitude 773152 W; thence east along

of Virginia-Tennessee-Kentucky; the Prince William County, VA bound-
thence northeast along the Virginia- ary to a point near the western bank of
Kentucky boundary to the intersection the Potomac River at latitude 383011
of Virginia-Kentucky-West Virginia; N, longitude 771801 W; thence south
thence northeast along the Virginia- and east along the southern bank of
West Virginia boundary to the inter- the Potomac River to the Maryland-
section of the Virginia-West Virginia- Virginia boundary at a point latitude
Maryland boundary; thence southeast 375325 N, longitude 761412 W; thence
along the Virginia-Maryland and Vir- east along the Maryland-Virginia
ginia-District of Columbia boundaries boundary as it proceeds across the
as those boundaries are formed along Chesapeake Bay, Tangier and
the southern bank of the Potomac Pocomoke Sounds, Pocomoke River,
River to the Chesapeake Bay; thence and Delmarva Peninsula to a point on
east along the Virginia-Maryland the Maryland-Virginia boundary near
boundary as it proceeds across the the Atlantic coast at latitude 380018
Chesapeake Bay, Tangier and N, longitude 753000 W; thence north
Pocomoke Sounds, Pocomoke River, to the Delaware-Maryland boundary at
and Delmarva Peninsula; thence east the point of origin.
along the Virginia-Maryland boundary
to the point of origin. [USCG200625556, 72 FR 36320, July 2, 2007]
[USCG200625556, 72 FR 36320, July 2, 2007] 3.2520 Sector North Carolina Ma-

rine Inspection Zone and Captain of
3.2515 Sector Baltimore Marine In- the Port Zone; Marine Safety Unit
spection Zone and Captain of the Wilmington: Cape Fear River Ma-
Port Zone. rine Inspection and Captain of the
Sector Baltimores office is located Port Zones.
in Baltimore, MD. The boundaries of Sector North Carolinas office is lo-
Sector Baltimores Marine Inspection cated in Fort Macon, NC. A subordi-
Zone and Captain of the Port Zone nate unit, Marine Safety Unit (MSU)
start at a point latitude 382715 N, lon- Wilmington, is located in Wilmington,
gitude 753000 W. on the Delaware- NC.
Maryland boundary, proceeding along (a) The boundaries of Sector North
the Delaware-Maryland boundary west Carolinas Marine Inspection Zone and
to a point at latitude 382737 N, lon- Captain of the Port Zone start at the
gitude 754135 W and north to the sea on the North Carolina-Virginia bor-
Pennsylvania boundary at a point lati- der at latitude 363300 N, longitude
tude 394322 N, longitude 754717 W; 755200 W, proceeding west along the
thence west along the Pennsylvania- North Carolina-Virginia boundary to
Maryland boundary to the West Vir- the Tennessee boundary; thence south-
ginia boundary at a point latitude west along the North Carolina-Ten-
394316 N, longitude 792836 W; thence nessee boundary to the Georgia bound-
south and east along the Maryland- ary; thence east along the North Caro-
West Virginia boundary to the inter- lina-Georgia boundary to the South
section of the Maryland-Virginia-West Carolina boundary; thence east along
Virginia boundaries at a point latitude the North Carolina-South Carolina
391917 N, longitude 774308 W; thence boundary to the sea at latitude 335104
southwest along the Loudoun County, N, longitude 783228 W; thence south-
VA boundary to the intersection with east on a bearing of 122T to a point at
Fauquier County, VA at a point lati- latitude 331755 N, longitude 773146
tude 390050 N, longitude 775743 W; W; thence southeast to the outermost
thence east along the Loudoun County, extent of the EEZ at latitude 314232
VA boundary to the intersection with N, longitude 742953.3 W; thence north-
the Prince William County, VA bound- east along the outermost extent of the
ary at a point latitude 385634 N, lon- EEZ to a point at latitude 363300 N,
gitude 773918 W; thence south along longitude 712934 W; thence west to
the Prince William County boundary to the point of origin; and in addition, all
the intersection with Stafford County, the area described in paragraph (b) of
VA, at a point latitude 383322 N, lon- this section.
40
(b) MSU Wilmington is responsible the boundary of Robeson County and

for the Cape Fear River Marine Inspec- Scotland County to the intersection of
tion and Captain of the Port Zones, the Robeson County, Scotland County,
starting at a point at latitude 342626 and North Carolina-South Carolina
N, longitude 773105 W at the intersec- boundaries; thence southeast along the
tion of the Pender County and Onslow North Carolina-South Carolina bound-
County lines on the Atlantic Coast, ary to a point at latitude 335130 N,
proceeding north along the boundary of longitude 783300 W along the North
Pender County and Onslow County to Carolina-South Carolina boundary;
the intersection of the Pender County, thence to the Atlantic Coast at lati-
Duplin County, and Onslow County tude 335104 N, longitude 783228 W;
lines; thence north along the boundary thence southeast to a point on a bear-
of Duplin County and Onslow County ing of 122 T at latitude 331755 N, lon-
to the intersection of the Duplin Coun- gitude 773146 W; thence north to a
ty, Onslow County, and Jones County point at latitude 342626 N, longitude
lines; thence northwest along the 773105 W.
boundary of Duplin County and Jones
[USCG200625556, 72 FR 36320, July 2, 2007]
County to the intersection of the
Duplin County, Jones County, and
Lenoir County lines; thence northwest Subpart 3.35Seventh Coast
along the boundary of Duplin County Guard District
and Lenoir County to the intersection
of the Duplin County, Lenoir County, 3.351 Seventh district.
and Wayne County lines; thence west (a) The District Office is in Miami,
along the boundary of Duplin County Fla.
and Wayne County to the intersection (b) The Seventh Coast Guard District
of the Duplin County, Wayne County, is comprised of the states of South
and Sampson County lines; thence Carolina, Georgia and Florida, except
north along the boundary of Sampson for that part of Georgia and Florida
County and Wayne County to the inter- west of a line from the intersection of
section of the Sampson County, Wayne the Florida coast with Longitude 8350
County, and Johnston County lines; W. (3000 N., 8350 W.) due north to a
thence west along the boundary of position 3015 N., 8350W.; thence due
Sampson County and Johnston County west to a position 3015 N., 8445 W.;
to the intersection of the Sampson thence due north to the intersection
County, Johnston County, and Harnett with the south shore of the Jim Wood-
County lines; thence southwest along ruff Reservoir; thence along the east
the boundary of Sampson County and bank of the Jim Woodruff Reservoir
Harnett County to the intersection of and the east bank of the Flint River up
the Sampson County, Harnett County, stream to Montezuma, GA, thence
and Cumberland County lines; thence northwesterly to West Point, GA. Also
west along the boundary of Cum- included is the Panama Canal Zone, all
berland County and Harnett County to the island possessions of the United
the intersection of the Cumberland States pertaining to Puerto Rico and
County, Harnett County, and Moore the U.S. Virgin Islands; and the U.S.
County lines; thence south along the Naval reservations in the islands of the
boundary of Cumberland County and West Indies and on the north coast of
Moore County to the intersection of South America. The ocean areas are
the Cumberland County, Moore Coun- those portions of the western North At-
ty, and Hoke County lines; thence west lantic, Caribbean Sea, Gulf of Mexico
along the boundary of Hoke County and the Straits of Florida areas encom-
and Moore County to the intersection passed by a line originating at the
of the Hoke County, Moore County, state boundary between North Carolina
Richmond County, and Scotland Coun- and South Carolina, and extending
ty lines; thence southeast along the southeasterly through 3057 N., 7306
boundary of Hoke County and Scotland W. and 2900 N., 6919 W. to 1200 N.,
County to the intersection of the Hoke 4300 W.; thence southwesterly to 1000
County, Scotland County, and Robeson N., 4800 W.; thence westerly to 0920
County lines; thence southwest along N., 5700 W.; thence due west to the
41
3.3510 33 CFR Ch. I (7110 Edition)
coastline of South America; thence longitude 783228 W, proceeding west

westerly and northerly along the north along the North Carolina-South Caro-
coast of South America, and the east- lina boundary to the intersection of
ern coasts of Central America and Mex- the North Carolina-South Carolina-
ico to the Yucatan Peninsula at 2125 Georgia boundaries; thence south along
N., 8711 W.; thence along a line 019 T the South Carolina-Georgia boundary
to the intersection of longitude 8350 to the intersection with the Federal
W. and the western coastline of Florida dam at the southern end of Hartwell
(3000 N., 8350 W.). Reservoir at latitude 342130 N, lon-
[CGFR 6140, 26 FR 10348, Nov. 3, 1961, as gitude 824915 W; thence south along
amended by CGFR 70150, 36 FR 911, Jan. 20, the eastern bank and then east along
1971; USCG19995832, 64 FR 34711, June 29, the northern bank of the Savannah
1999] River to the sea at latitude 320223 N,
longitude 805306 W, near the eastern
3.3510 Sector Miami Marine Inspec- tip of Oyster Bed Island; thence east on
tion Zone and Captain of the Port a line bearing 084 T to latitude
Zone. 320300 N, longitude 804500 W; thence
Sector Miamis office is located in southeast on a line bearing 122 T to
Miami, FL. The boundaries of Sector latitude 305000 N, longitude 783500
Miamis Marine Inspection Zone and W; thence east to the outermost extent
Captain of the Port Zone start at the of the EEZ at latitude 305000 N, lon-
outermost extent of the EEZ at lati- gitude 760954 W; thence northeast
tude 280000 N, longitude 792334 W, along the outermost extent of the EEZ
proceeding west to latitude 280000 N, to latitude 314232 N, longitude
longitude 813000 W; thence south to 742953 W; thence northwest to the
the northern boundary of Collier Coun- point of origin; and in addition, all the
ty, FL, at longitude 813000 W; thence area described in paragraph (b) of this
following along the boundaries of Col- section.
lier County east along the northern (b) The boundaries of the MSU Sa-
boundary to the eastern boundary and vannah Marine Inspection and Captain
then south along the eastern boundary of the Port Zones start near the east-
to the southern boundary of Collier ern tip of Oyster Bed Island at latitude
County; thence south along the west- 320223 N, longitude 805306 W, pro-
ern boundary of Miami-Dade County to ceeding west along the northern bank
the sea at latitude 251036 N, lon- and then north along the eastern bank
gitude 805129 W; thence east along of the Savannah River to the intersec-
the southern boundary of Miami-Dade tion of the South Carolina-Georgia
County to latitude 252452 N, lon- boundary with the Federal dam at the
gitude 801939 W; thence southeast to southern end of Hartwell Reservoir, at
the outermost extent of the EEZ at latitude 342130 N, longitude 824915
latitude 251134 N, longitude 794131 W; thence north along the South Caro-
W; thence north along the outermost lina-Georgia boundary to the intersec-
extent of the EEZ to the point of ori- tion of the North Carolina-South Caro-
gin. lina-Georgia boundaries; thence west
[USCG200625556, 72 FR 36321, July 2, 2007] along the Georgia-North Carolina
boundary and continuing west along
3.3515 Sector Charleston Marine In- the Georgia-Tennessee boundary to the
spection Zone and Captain of the intersection of the Georgia-Tennessee-
Port Zone; Marine Safety Unit Sa- Alabama boundaries; thence south
vannah. along the Georgia-Alabama boundary
Sector Charlestons office is located to latitude 325300 N; thence southeast
in Charleston, SC. A subordinate unit, to the eastern bank of the Flint River
Marine Safety Unit (MSU) Savannah, at latitude 322000 N; thence south
is located in Savannah, GA. along the eastern bank of the Flint
(a) Sector Charlestons Marine In- River and continuing south along the
spection Zone and Captain of the Port eastern shore of Seminole Lake to lati-
Zone start at the intersection of the tude 304557 N, longitude 844500 W;

North Carolina-South Carolina bound- thence south along longitude 844500
aries and the sea at latitude 335104 N, W to the Florida boundary; thence east
42
along the Florida-Georgia boundary to boundaries of Sector St. Petersburgs

longitude 821500 W; thence north to Marine Inspection Zone and Captain of
latitude 305000 N, longitude 821500 the Port Zone start at the Florida
W; thence east to the outermost extent coast at latitude 295914 N, longitude
of the EEZ at latitude 305000 N, lon- 835000 W, proceeding north to lati-
gitude 760954 W; thence northwest to tude 301500 N, longitude 835000 W;
latitude 320306 N, longitude 804500 thence west to latitude 301500 N, lon-
W; thence southwest to the point of or- gitude 844500 W; thence north to the
igin. The boundary includes all the wa- Florida-Georgia boundary at longitude
ters of the Savannah River including 844500 W; thence east along the Flor-
adjacent waterfront facilities in South ida-Georgia boundary to longitude
Carolina.
830000 W; thence southeast to lati-
[USCG200625556, 72 FR 36321, July 2, 2007] tude 280000 N, longitude 813000 W;
thence south along 813000 W to the
3.3520 Sector Jacksonville Marine northern boundary of Collier County,
Port Zone. FL, and then following along the
boundaries of Collier County, east
Sector Jacksonvilles office is lo- along the northern boundary to the
cated in Jacksonville, FL. The bound-
eastern boundary and then south along
aries of Sector Jacksonvilles Marine
the eastern boundary to the southern
boundary and then west along the
Port Zone start at the outermost ex-
tent of the EEZ at latitude 305000 N, southern boundary to latitude 254812
longitude 760954 W, proceeding west N, longitude 812039 W; thence south-
to latitude 305000 N, longitude west to the outermost extent of the
821500 W; thence south to the inter- EEZ at latitude 241857 N, longitude
section of the Florida-Georgia bound- 845048 W; thence west along the out-
ary at longitude 821500 W; thence ermost extent of the EEZ to latitude
west along the Florida-Georgia bound- 244813 N, longitude 855005 W; thence
ary to longitude 830000 W; thence northeast to the point of origin.
southeast to latitude 280000 N, [USCG200625556, 72 FR 36322, July 2, 2007]
813000 W; thence east to the outer-
most extent of the EEZ at latitude 3.3540 Sector Key West Marine In-
280000 N, longitude 792334 W; thence spection Zone and Captain of the
northeast along the outermost extent Port Zone.
of the EEZ to the point of origin.
Sector Key Wests office is located in
[USCG200625556, 72 FR 36322, July 2, 2007] Key West, FL. The boundaries of Sec-
tor Key Wests Marine Inspection Zone
3.3525 Sector San Juan Marine In-
spection Zone and Captain of the and Captain of the Port Zone start at
Port Zone. the outermost extent of the EEZ at
latitude 251134 N, longitude 794131
Sector San Juans office is located in
W, proceeding northeast to the Miami-
San Juan, PR. The boundaries of Sec-
tor San Juans Marine Inspection Zone Dade County, FL boundary at latitude
and Captain of the Port Zone comprise 252452 N, longitude 801939 W; thence
both the Commonwealth of Puerto west along the southern boundary of
Rico and the Territory of the Virgin Is- Miami-Dade County to the western
lands, and the waters adjacent to both, boundary at latitude 251036 N, lon-
in an area enclosed by the outermost gitude 805129 W; thence north along
extents of the EEZ, subject to existing the western boundary of Miami-Dade
laws and regulations. County to the southern boundary of
Collier County, FL; thence west along
[USCG200625556, 72 FR 36322, July 2, 2007]
the southern boundary of Collier Coun-
3.3535 Sector St. Petersburg Marine ty to latitude 254812 N, longitude
Inspection Zone and Captain of the 812039 W; thence southwest to the
Port Zone. outermost extent of the EEZ at lati-
Sector St. Petersburgs sector office tude 241857 N, longitude 845048 W;

is located in St. Petersburg, FL. The thence east and then north along the
43
3.401 33 CFR Ch. I (7110 Edition)
outermost extent of the EEZ to the to latitude 301500 N, longitude

point of origin. 835000 W; thence west to latitude
[USCG200625556, 72 FR 36322, July 2, 2007] 301500 N, longitude 844500 W; thence
north to a point near the southern
bank of the Seminole Lake at latitude
Subpart 3.40Eighth Coast Guard 304557 N, longitude 844500 W; thence
District northeast along the eastern bank of
3.401 Eighth district. the Seminole Lake and north along the
eastern bank of the Flint River to lati-
(a) The District Office is in New Orle-
tude 322000 N, longitude 840151 W;
ans, La.
thence northwest to the intersection of
(b) The Eighth Coast Guard District
is comprised of North Dakota, South the Georgia-Alabama border at lati-
Dakota, Wyoming, Nebraska, Iowa, tude 325300 N; thence north along the
Colorado, Kansas, Missouri, Kentucky, Georgia-Alabama border to the south-
West Virginia, Tennessee, Arkansas, ern boundary of Dekalb County, AL,
Oklahoma, New Mexico, Texas, Lou- thence west along the northern bound-
isiana, Mississippi, and Alabama; that aries of Cherokee, Etowah, Blount,
part of Pennsylvania south of 41 N. Cullman, Winston, and Marion Coun-
latitude and west of 79 W. longitude; ties, AL, to the Mississippi-Alabama
those parts of Ohio and Indiana south border; thence north along the Mis-
of 41 N. latitude; Illinois, except that sissippi-Alabama border to the south-
part north of 41 N. latitude and east of ern boundary of Tishomingo County,
90 W. longitude; that part of Wisconsin MS, at the Mississippi-Tennessee bor-
south of 4620 N. latitude and west of der; thence west along the southern
90 W. longitude; that part of Min- boundaries of Tishomingo and Prentiss
nesota south of 4620 N. latitude; those Counties; thence north along the west-
parts of Florida and Georgia west of a ern boundaries of Prentiss and Alcorn
line starting at the Florida coast at Counties; thence west along the north-
8350 W. longitude; thence northerly to ern boundaries of Tippah, Benton, and
3015 N. latitude, 8350 W. longitude; Marshall Counties, MS; thence south
thence due west to 3015 N. latitude, and west along the eastern and south-
8445 W. longitude; thence due north to ern boundaries of DeSoto, Tunica,
the southern bank of the Jim Woodruff Coahoma, Bolivar, and Washington
Reservoir at 8445 W. longitude; thence Counties, MS; thence east along the
northeasterly along the eastern bank northern boundary of Humphreys and
of the Jim Woodruff Reservoir and Holmes Counties, MS; thence south
northerly along the eastern bank of the along the eastern and southern bound-
Flint River to Montezuma, GA.; thence
aries of Holmes, Yazoo, Warren, Clai-
northwesterly to West Point, GA.; and
borne, Jefferson, Adams, and Wilkinson
the Gulf of Mexico area west of a line
Counties, MS; thence east from the
bearing 199 T. from the intersection of
the Florida coast at 8350 W. longitude southernmost intersection of
(the coastal end of the Seventh and Wilkinson and Amite Counties, MS, to
Eighth Coast Guard District land the west bank of the Pearl River;
boundary.) [DATUM NAD83] thence south along the west bank of
the Pearl River to longitude 893148 W
[CGFR 6715, 32 FR 5270, Mar. 29, 1967, as (at the mouth of the river); thence
amended by CGD 77167, 43 FR 2372, Jan. 16,
south along longitude 893148 W to
1978; CGD 96025, 61 FR 29959, June 13, 1996]
latitude 301000 N; thence east along
3.4010 Sector Mobile Marine Inspec- latitude 301000 N to longitude 891000
tion Zone and Captain of the Port W; thence southeast to latitude
Zone. 290000 N, longitude 880000 W; thence
Sector Mobiles office is located in south along longitude 880000 W to the
Mobile, AL. The boundaries of Sector outermost extent of the EEZ; thence
Mobiles Marine Inspection Zone and east along the outermost extent of the
EEZ to the intersection with a line
Captain of the Port Zone start near the

Florida coast at latitude 295914 N, bearing 199T from the intersection of
longitude 835000 W, proceeding north the Florida coast at longitude 835000
44
W; thence northeast along a line bear- Martin Parishes, Louisiana; thence

ing 199 T from the Florida coast at northwest along the northern boundary
longitude 835000 W to the coast. of Lafayette and Acadia Parishes, Lou-
[USCG200625556, 72 FR 36322, July 2, 2007] isiana; thence south along the west
boundary of Acadia and Vermillion
3.4015 Sector New Orleans Marine Parishes, Louisiana to the Louisiana
Inspection Zone and Captain of the Coast at longitude 923700 W, thence
Port Zone; Marine Safety Unit Mor- south along longitude 923700 W to the
gan City. outermost extent of the EEZ; thence
Sector New Orleans office is located east along the outermost extent of the
in New Orleans, LA. A subordinate EEZ to longitude 880000 W.; thence
unit, Marine Safety Unit (MSU) Mor- north to latitude 285000 N, longitude
gan City, is located in Morgan City, 880000 W.
LA.
(a) Sector New Orleans Marine In- [USCG200625556, 72 FR 36322, July 2, 2007]
spection Zone and Captain of the Port
3.4028 Sector Houston-Galveston
Zone starts at latitude 301000 N, lon- Marine Inspection Zone and Cap-
gitude 891000 W; thence west along tain of the Port Zone; Marine Safety
latitude 301000 N to longitude 893148 Unit Port Arthur.
W; thence north along longitude
893148 W to the west bank of the Sector Houston-Galvestons office is
Pearl River (at the mouth of the river); located in Galena Park, TX. A subordi-
thence north along the west bank of nate unit, Marine Safety Unit (MSU)
the Pearl River to latitude 310000 N; Port Arthur, is located in Port Arthur,
thence west along latitude 310000 N TX.
to the east bank of the Mississippi (a) Sector Houston-Galvestons Ma-
River; thence south along the east rine Inspection Zone and Captain of the
bank to mile 303.0, thence west to the Port Zone start near the intersection
west bank at mile 303.0; thence north of the western boundary of Vermillion
to the southern boundary of the Old Parish, LA, and the sea at latitude
River Lock Structure, thence west 293445 N, longitude 923700 W, pro-
along the south bank of the Lower Old ceeding north along the eastern and
River, to the intersection with the Red southern boundaries of Cameron, Jef-
River; thence west along the south ferson Davis, Allen, and Rapides Par-
bank of the Red River to Rapides Par- ishes, LA, to the southern bank of the
ish, thence south along the western Red River; thence northwest along the
boundaries of Avoyelles, Evangeline, south bank of the Red River to the
Acadia and Vermillion Parishes to the northern boundary of Red River Par-
intersection of the sea and longitude ish, LA; thence west along the north-
923700 W; thence south along lon- ern boundary of Red River Parish and
gitude 923700 W to the outermost ex- DeSoto Parish, LA, to the Louisiana-
tent of the EEZ; thence east along the Texas border; thence north along the
outermost extent of the EEZ to lon- Louisiana-Texas border to the Texas-
gitude 880000 W; thence north along Arkansas border at the northern
longitude 880000 W to latitude boundary of Bowie County, TX; thence
290000 N; thence northwest to lati- west along the Texas-Arkansas border
tude 301000 N, longitude 891000 W; to the Texas-Oklahoma border; thence
and in addition, all the area described northwest along the Texas-Oklahoma
in paragraph (b) of this section. border to the southern shore of Lake
(b) The boundaries of the MSU Mor- Texoma in Grayson County, TX; thence
gan City Marine Inspection and Cap- west along the northern shore of Lake
tain of the Port Zones start at latitude Texoma to the Texas-Oklahoma border;
285000 N, longitude 880000 W.; thence west along the Texas-Oklahoma
thence proceeds west to latitude border to the Texas-New Mexico bor-
285000 N., longitude 892706 W.; der, including all portions of the Red
thence northwest to latitude 291800 River; thence south along the Texas-
N, longitude 900000 W; thence north- New Mexico border to the southern

west along the northern boundaries of boundary of Andrews County, TX;
Lafourche, Assumption, Iberia, and St. thence southeast along the western and
45
3.4035 33 CFR Ch. I (7110 Edition)
southern boundaries of Andrews, Mid- along longitude 923700 W to the Lou-

land, Glasscock, Sterling, Tom Green, isiana Coast.
Concho, McCulloch, San Saba,
[USCG200625556, 72 FR 36323, July 2, 2007]
Lampasas, Bell, Williamson, Lee,
Washington, and Austin Counties, TX 3.4035 Sector Corpus Christi Marine
to the intersection of Colorado County, Inspection Zone and Captain of the
Texas; thence along the northern and Port Zone.
eastern boundary of Colorado County
Sector Corpus Christis office is lo-
to the east bank of the Colorado River;
cated in Corpus Christi, TX. The
thence south along the east bank of the
boundaries of Sector Corpus Christis
Colorado River to the sea; thence
Marine Inspection Zone and Captain of
southeast along a line bearing 140 T to
the Port Zone start at the junction of
the outermost extent of the EEZ at
the sea and the east bank of the Colo-
rado River at latitude 283544 N, lon-
W; thence east along the outermost ex-
gitude 955848 W, proceeding north
tent of the EEZ to latitude 260327 N,
along the east bank of the Colorado
longitude 923700 W; thence north
River to Colorado County, TX; thence
along longitude 923700 W to the Lou-
southwest along the northern boundary
isiana Coast; and in addition, all the
of Wharton County, TX; thence north-
area described in paragraph (b) of this
west along the eastern and northern
section.
boundaries of Colorado, Fayette,
(b) The boundaries of the MSU Port
Bastrop, Travis, Burnet, Llano, Mason,
Arthur Marine Inspection and Captain
Menard, Schletcher, Irion, Reagan,
of the Port Zones start at the intersec-
Upton, and Ector Counties, TX; thence
tion of the sea and longitude 923700
west along the northern boundary of
W; thence north along the eastern and
Ector and Winkler Counties, TX, to the
southern boundaries of Cameron, Jef-
Texas-New Mexico border; thence north
ferson Davis, Allen, and Rapides Par-
along the New Mexico border to the
ishes, Louisiana to the southern bank
New Mexico-Colorado border; thence
of the Red River; thence northwest
west along the New Mexico-Colorado
along the southern bank of the Red
border to the intersection of New Mex-
River to the northern boundary of Red
ico, Colorado, Utah, and Arizona bor-
River Parish, Louisiana; thence west
ders; thence south along the New Mex-
along the northern boundary of Red
ico-Arizona border to the United
River Parish and Desoto Parish, Lou-
States-Mexican border; thence south-
isiana to the Louisiana-Texas border;
east along the United States-Mexican
thence north along the Louisiana-
border to the outermost extent of the
Texas border to the Texas-Arkansas
EEZ at latitude 255722 N, longitude
border at the northern boundary of
970820 W; thence east along the outer-
Bowie County, Texas; thence north
most extent of the EEZ to latitude
along the Texas-Arkansas border to the
255950 N, longitude 933221 W; thence
Texas-Oklahoma border; thence west
northwest to the point of origin.
along the Texas-Oklahoma border to
the northwest-most boundary of [USCG200625556, 72 FR 36323, July 2, 2007]
Fannin County, Texas, including all
portions of the Red River; thence south 3.4040 Sector Upper Mississippi
along the western and southern bound- River Marine Inspection Zone and
aries of Fannin, Hunt, Kaufman, Hen- Captain of the Port Zone.
derson, Anderson, Houston, Trinity, Sector Upper Mississippi Rivers of-
Polk, Hardin, and Jefferson Counties, fice is located in St. Louis, MO. The
Texas to the sea at longitude 942500 boundaries of Sector Upper Mississippi
W; thence southeast to latitude Rivers Marine Inspection Zone and
290000 N, longitude 934000 W; thence Captain of the Port Zone include all of
southeast to latitude 275000 N, lon- Wyoming except for Sweetwater Coun-
gitude 932400 W; thence south along ty; all of North Dakota, South Dakota,
longitude 932400 W to the outermost Nebraska, Colorado, Kansas, and Iowa;
extent of the EEZ; thence east along all of Missouri with the exception of
the outermost extent of the EEZ to Perry, Cape Girardeau, Scott, Mis-
longitude 923700 W; thence north sissippi, New Madrid, Dunklin, and
46
Pemiscot Counties; that part of Min- Caldwell, Caddo, Bossier, Webster,

nesota south of latitude 462000 N; Claiborne, Union, Morehouse, West
that part of Wisconsin south of lati- Carroll, East Carroll, Madison, Rich-
tude 462000 N, and west of longitude land, Ouachita, Lincoln, Jackson,
900000 W; that part of Illinois west of Bienville, Winn, Grant, Franklin,
longitude 900000 W and north of lati- Tensas, Catahoula, and Concordia Par-
tude 410000 N; that part of Illinois ishes; those parts of Avoyelles,
south of latitude 410000 N, except for Natchitoches, Rapides, and Red River
Jackson, Williamson, Saline, Gellatin, Parishes north of the Red River, and
Union, Johnson, Pope, Hardin, Alex- that part of West Feliciana Parish
ander, Pulaski, and Massac Counties; north of the Lower Old River; that part
that part of the Upper Mississippi of the Lower Mississippi River below
River above mile 109.9, including both mile 869.0 and above mile 303; and all of
banks, and that part of the Illinois the Red River below the Arkansas-
River below latitude 410000 N. Oklahoma border.
[USCG200625556, 72 FR 36324, July 2, 2007] [USCG200625556, 72 FR 36324, July 2, 2007]
3.4060 Sector Lower Mississippi 3.4065 Sector Ohio Valley Marine In-
River Marine Inspection Zone and spection Zone and Captain of the
Captain of the Port Zone. Port Zone; Marine Safety Unit Pitts-
Sector Lower Mississippi Rivers of- burgh.
fice is located in Memphis, TN. The Sector Ohio Valleys office is located
boundaries of Sector Lower Mississippi in Louisville, KY. A subordinate unit,
Rivers Marine Inspection Zone and Marine Safety Unit (MSU) Pittsburgh,
Captain of the Port Zone include all of is located in Pittsburgh, PA.
Arkansas and all of Oklahoma with the (a) Sector Ohio Valleys Marine In-
exception of the Red River and Lake spection Zone and Captain of the Port
Texoma; in Missouri: Dunklin and Zone comprise all of Kentucky and
Pemiscot Counties. In Tennessee: Dyer, West Virginia; in Missouri: Perry, Cape
Lauderdale, Obion, Tipton, and Shelby Girardeau, Scott, Mississippi and New
Counties, and all portions of Lake Madrid Counties; in Tennessee: that
County with the exception of the area portion of Lake County north and west
north and west of a line drawn from of a line drawn from the Mississippi
Mississippi River at latitude 362000 N River at latitude 362000 N and lon-
and longitude 893230 W due east to gitude 893230 W due east to Highway
Highway 78 thence northeast along 78, thence northeast along Highway 78
Highway 78 to the Kentucky-Tennessee to the Kentucky-Tennessee state line,
state line; in Mississippi: Desoto, and all other counties in Tennessee ex-
Tunica, Coahoma, Bolivar, Wash- cept Shelby, Tipton, Lauderdale, Dyer
ington, Humphreys, Holmes, Sharkey, and Obion Counties; in Alabama:
Yazoo, Issaquena, Warren, Claiborne, Colbert, Franklin, Lawrence, Morgan,
Jefferson, Adams, and Wilkinson Coun- Marshall, Lauderdale, Limestone,
ties; in Louisiana, all the areas north Madison, Jackson and DeKalb Coun-
of a line drawn from the east bank of ties; in Mississippi: Alcorn, Prentiss
the Mississippi River at the Louisiana- and Tishomingo Counties; that portion
Mississippi border, thence south along of Pennsylvania south of latitude
the east bank to mile 303.0, thence west 410000 N and west of longitude
to the west bank at mile 303.0, thence 790000 W; those parts of Indiana and
north to the southern boundary of the Ohio south of latitude 410000 N; in Il-
Old River Lock Structure, thence west linois: Jackson, Williamson, Saline,
along the southern bank of the Lower Gallatin, Union, Johnson, Pope, Har-
Old River, to the intersection with the din, Alexander, Pulaski, and Massac
Red River, thence west and northwest Counties, and in Randolph County,
along the southern bank of the Red that part of the Upper Mississippi
River to the northern-most boundary River below mile 109.9, including both
of Red River Parish, thence west along banks; and that part of the Lower Mis-
the northern boundary of Red River sissippi River above mile 869.0 ; and in
Parish and DeSoto Parish to the Texas- addition, all the area described in para-
Louisiana Border, including Lasalle, graph (b) of this section.
47
3.451 33 CFR Ch. I (7110 Edition)
(b) The boundaries of the MSU Pitts- west along the international boundary
burgh Marine Inspection and Captain to a point at latitude 414036 N, lon-
of the Port Zones include that portion gitude 822500 W; thence south to lati-
of Pennsylvania south of latitude tude 410000 N; thence east to lon-
410000 N and west of longitude gitude 785458 W; thence north to lati-
790000 W; in West Virginia: Preston, tude 420000 N; thence east to the east
Monongalia, Marion, Marshall, Ohio, bank of the Delaware River at latitude
Brooke, and Hancock Counties, and 420000 N, longitude 752128 W; thence
that part of the Ohio River north of a east to longitude 743900 W; thence
line drawn from latitude 393918 N (ap- north to the international boundary at
proximately mile 127.2) on the Ohio a point at latitude 445958 N, lon-
River, just below the Hannibal Lock gitude 743900 W; thence southeast
and Dam; and in Ohio: Stark, along the international boundary to
Columbiana, Tuscarawas, Carroll, Har- the starting point.
rison, Jefferson, and Belmont Counties, [USCG200625556, 72 FR 36324, July 2, 2007]
and those parts of Summit, Portage,
and Mahoning Counties south of lati- 3.4515 Sector Lake Michigan Marine
tude 410000N. Inspection Zone and Captain of the
Port Zone.
[USCG200625556, 72 FR 36324, July 2, 2007]
Sector Lake Michigans office is lo-
cated in Milwaukee, WI. The bound-
Subpart 3.45Ninth Coast Guard aries of Sector Lake Michigans Marine
District Inspection Zone and Captain of the
Port Zone include all navigable waters
SOURCE: CGD 79011, 44 FR 33401, June 11, of the United States and contiguous
1979, unless otherwise noted. land areas within the boundaries of an
area starting from a point at latitude
3.451 Ninth district. 444300 N, longitude 843000 W, pro-
(a) The District Office is in Cleveland ceeding northwest to a point near the
Ohio. eastern shore of Lake Michigan at lati-
(b) The Ninth Coast Guard District tude 453800 N, longitude 850413 W;
comprise Michigan, New York north of thence northwest to latitude 455000
latitude 42 N. and west of longitude N, longitude 854300 W; thence south-
7439 W.; Pennsylvania north of lati- west to latitude 454100 N, longitude
tude 41 and west of longitude 7855 W.; 860600 W; thence northwest to lati-
that part of Ohio and Indiana north of tude 462000 N, longitude 872200 W;
latitude 41 N.; that part of Illinois thence west to latitude 462000 N, lon-
north of latitude 41 N. and east of longitude 900000 W; thence south to lati-
gitude 90 W.; Wisconsin, except that tude 410000 N; thence east to the
part south of latitude 4620 N. and west Ohio-Indiana border at latitude
of longitude 90 W.; and that part of 410000 N, longitude 844812 W; thence
Minnesota north of latitude 4620 N. north along the Ohio-Indiana border to
the intersection of the Ohio-Indiana-
[CGFR 6140, 26 FR 10350, Nov. 3, 1961, as
amended by CGFR 7185, 36 FR 16577, Aug. 24,
Michigan border at latitude 414159 N,
1971] longitude 844822 W; thence east along
the Ohio-Michigan border to latitude
3.4510 Sector Buffalo Marine Inspec- 414213 N, longitude 843000 W; thence
tion Zone and Captain of the Port north to the start point.
Zone.
[USCG200625556, 72 FR 36324, July 2, 2007]
Sector Buffalos office is located in
Buffalo, NY. The boundaries of Sector 3.4520 Sector Detroit Marine Inspec-
Buffalos Marine Inspection Zone and tion Zone and Captain of the Port
Captain of the Port Zone include all Zone.
navigable waters of the United States Sector Detroits office is located in
and contiguous land areas within the Detroit, MI. The boundaries of Sector
boundaries of an area starting from a Detroits Marine Inspection Zone and
point on the international boundary in Captain of the Port Zone include all
Lake Erie at latitude 421924 N, lon- navigable waters of the United States
gitude 803110 W, proceeding south- and contiguous land areas within the
48
boundaries of an area starting from a boundary and the international bound-

point at latitude 410000 N, longitude ary at latitude 490002 N, longitude
844812 W on the Ohio-Indiana bound- 971346 W; thence east along the EEZ
ary, proceeding east to longitude to the starting point; and in addition,
822500 W; thence north to the inter- all the area described in paragraph (b)
national boundary in Lake Erie at lati- of this section.
tude 414036 N, longitude 822500 W; (b) The boundaries of the MSU Du-
thence north along the international luth Marine Inspection and Captain of
boundary to latitude 453500 N, lon- the Port Zones comprise all navigable
gitude 830356 W; thence southwest to waters of the United States and contig-
a point near the shore of western Lake uous land areas within an area starting
Huron at latitude 451730 N, longitude at a point latitude 462000 N, lon-
832523 W; thence southwest to lati- gitude 883000 W, proceeding west to
tude 444300 N, longitude 843000 W; the Minnesota-North Dakota boundary
thence south to the Michigan-Ohio at latitude 462000 N, longitude
boundary at latitude 414213 N; thence 963630 W; thence north along the Min-
west along the Michigan-Ohio bound- nesota-North Dakota boundary to the
ary to the Ohio-Michigan-Indiana intersection of the Minnesota-North
boundary at latitude 414146 N, lon- Dakota boundary and the international
gitude 844822 W; thence south along boundary at latitude 490002 N, lon-
the Ohio-Indiana boundary to the gitude 971346 W; thence east along
starting point. the international boundary to a point
[USCG200625556, 72 FR 36325, July 2, 2007] at latitude 475923 N, longitude
873510 W; thence south to a point
3.4545 Sector Sault Ste. Marie Ma- near Manitou Island Light at latitude
rine Inspection Zone and Captain of 472509 N, longitude 873510 W; thence
the Port Zone; Marine Safety Unit southwest to a point near the shore of
Duluth. Lake Superior at latitude 465151 N,
Sector Sault Ste. Maries office is lo- longitude 874500 W; thence southwest
cated in Sault Ste. Marie, MI. A subor- to the point of origin.
dinate unit, Marine Safety Unit (MSU) [USCG200625556, 72 FR 36325, July 2, 2007]
Duluth, is located in Duluth, MN.
(a) Sector Sault Ste. Maries Marine
Inspection Zone and Captain of the Subpart 3.55Eleventh Coast
Port Zone comprise all navigable wa- Guard District
ters of the United States and contig-
uous land areas within an area starting 3.551 Eleventh district.
from a point at latitude 453500 N, lon- (a) The District Office is in Alameda,
gitude 830356 W on the international California.
boundary, proceeding southwest to a (b) The Eleventh Coast Guard Dis-
point near the shore of western Lake trict is comprised of: Arizona; Utah;
Huron at latitude 451730 N, longitude Nevada; California; and the ocean area
832523 W; thence southwest to lati- bounded by a line from the California-
tude 444300 N, longitude 843000 W; Oregon state line westerly to 40 N.
thence northwest to a point near the latitude, 150 W. longitude; thence
eastern shore of Lake Michigan at lati- southeasterly to 5 S. latitude, 110 W.
tude 453800 N, longitude 850413 W; longitude; thence northeasterly to the
thence northwest to latitude 455000 border between Guatemala and Mexico
N, longitude 854300 W; thence south- on the Pacific Coast (1438 N. latitude,
west to latitude 454100 N, longitude 9219 W. longitude).
860600 W; thence northwest to lati- [CGFR 6140, 26 FR 10351, Nov. 3, 1961, as
tude 462000 N, longitude 872200 W; amended by CGD 87008, 52 FR 13084, Apr. 21,
thence west to latitude 462000 N, lon- 1987; CGD 96025, 61 FR 29959, June 13, 1996]
gitude 883000 W; thence west to the
Minnesota-North Dakota boundary at 3.5510 Sector Los Angeles-Long
latitude 462000 N, longitude 963630 Beach Marine Inspection Zone and
Captain of the Port Zone.
W; thence north along the Minnesota-

North Dakota boundary to the inter- Sector Los Angeles-Long Beachs
section of the Minnesota-North Dakota (LALB) office is located in San Pedro,
49
3.5515 33 CFR Ch. I (7110 Edition)
CA. The boundaries of Sector LALBs Captain of the Port Zones comprise the
Marine Inspection Zone and Captain of land masses and waters of Wyoming
the Port Zone start at a point near the within the boundaries of Sweetwater
intersection of Monterey County and County; Utah, except for Washington,
San Luis Obispo County and the Cali- Kane, San Juan, and Garfield Counties;
fornia coast at latitude 354743 N, lon- Nevada, except for Clark County; and
gitude 1212051 W, proceeding south- California, north of San Luis Obispo,
west to the outermost extent of the Kern, and San Bernardino Counties. It
EEZ at latitude 340505 N, longitude also includes all ocean waters and is-
1245643 W; thence south along the lands contained therein of the EEZ
outermost extent of the EEZ to lati- bounded on the north by the northern
tude 320117 N, longitude 1233722 W; boundary of the Eleventh Coast Guard
thence northeast to the intersection of District, which is described in 3.551;
Orange County and San Diego County and on the south by a line bearing 240
and the California coast at latitude T from the intersection of the Mon-
332312 N, longitude 1173545 W; terey-San Luis Obispo Count lines (ap-
thence including all of Orange County, proximately 3547.500 N latitude) and
Riverside County, Ventura County, Los the California coast to the outermost
Angeles County, San Bernardino Coun- extent of the EEZ; and on the west by
ty, Santa Barbara County, Kern Coun- the outermost extent of the EEZ.
ty, and San Luis Obispo County in
[USCG200625556, 72 FR 36326, July 2, 2007]
California.
[USCG200625556, 72 FR 36325, July 2, 2007]
Subpart 3.65Thirteenth Coast
3.5515 Sector San Diego Marine In- Guard District
spection Zone and Captain of the
Port Zone. 3.651 Thirteenth district.
Sector San Diegos office is located (a) The District Office is in Seattle,
in San Diego, CA. The boundaries of Wash.
Sector San Diegos Marine Inspection (b) The Thirteenth Coast Guard Dis-
Zone and Captain of the Port Zone trict shall comprise Washington, Or-
start at a point near the intersection of egon, Idaho, and Montana; and the
Orange County and San Diego County ocean area bounded by a line from Cali-
and the coast at latitude 332312 N, fornia-Oregon state line westerly to
longitude 1173545 W, proceeding latitude 40 N. longitude, 150 W.,
southwest to the outermost extent of thence northeasterly to latitude 5440
the EEZ at latitude 320117 N, lon- N., longitude 140 W., thence due east
gitude 1233722 W; thence south along to the Canadian coast.
the outermost extent of the EEZ to the [CGFR 6140, 26 FR 10352, Nov. 3, 1961]
intersection of the maritime boundary
with Mexico at latitude 303231 N, lon- 3.6510 Sector Seattle: Puget Sound
gitude 1215158 W; thence east along Marine Inspection Zone and Cap-
the maritime boundary with Mexico to tain of the Port Zone.
its intersection with the California Sector Seattles office is located in
coast at latitude 323203 N, longitude Seattle, WA. The boundaries of Sector
1170729 W; thence including Imperial Seattles Puget Sound Marine Inspec-
County and San Diego County in Cali- tion and Captain of the Port Zones
fornia; all of Arizona; Washington, start at latitude 482935 N, longitude
Kane, San Juan, and Garfield Counties 1244345 W, proceeding along the Cana-
in Utah; and Clark County in Nevada. dian border east to the Montana-North
[USCG200625556, 72 FR 36325, July 2, 2007] Dakota boundary; thence south along
this boundary to the Wyoming state
3.5520 Sector San Francisco: San line; thence west and south along the
Francisco Bay Marine Inspection Montana-Wyoming boundary to the
Zone and Captain of the Port Zone. Idaho state line; thence northwest
The Sector San Francisco office is lo- along the Montana-Idaho boundary to
cated in San Francisco, CA. The bound- latitude 465500 N; thence west along
aries of Sector San Franciscos San latitude 465500 N to longitude
Francisco Bay Marine Inspection and 1231800 W; thence north to a point
50
latitude 473200 N, longitude 1231800 due south to latitude 40 N.; thence due
W; thence west along latitude 473200 east to longitude 150 W.; thence south-
N to the outermost extent of the EEZ; easterly through latitude 5 S., lon-
thence northeast along the outermost gitude 110 W.
extent of the EEZ to the Canadian bor-
[CGFR 6140, 26 FR 10352, Nov. 3, 1961, as
der; thence east along the Canadian amended by CGFR 70150, 36 FR 912, Jan. 20,
border to the point of origin. 1971]
[USCG200625556, 72 FR 36326, July 2, 2007]
3.7010 Sector Honolulu Marine In-
3.6515 Sector Portland Marine In- spection Zone and Captain of the
spection Zone and Captain of the Port Zone.
Port Zone. Sector Honolulus office is located in
Sector Portlands office is located in Honolulu, HI. The boundaries of Sector
Portland, OR. The boundaries of Sector Honolulus Marine Inspection Zone and
Portlands Marine Inspection and Cap- Captain of the Port Zone comprise the
tain of the Port Zones start at the State of Hawaii, including all the is-
Washington coast at latitude 473200 lands and atolls of the Hawaiian chain
N, longitude 1242115 W, proceeding and the adjacent waters of the exclu-
along this latitude east to latitude sive economic zone (EEZ); and the fol-
473200 N, longitude 1231800 W; lowing islands and their adjacent wa-
thence south to latitude 465500 N, ters of the EEZ: American Samoa,
longitude 1231800 W; thence east Johnston Atoll, Palmyra Atoll, King-
along this latitude to the eastern Idaho man Reef, Wake Island, Jarvis Island,
state line; thence southeast along the Howland and Baker Islands, and Mid-
Idaho state line to the intersection of way Island. Sector Honolulus Marine
the Idaho-Wyoming boundary; thence Inspection Zone also includes the Inde-
south along the Idaho-Wyoming bound- pendent State of Samoa.
ary to the intersection of the Idaho-
[USCG20100351, 75 FR 36277, June 25, 2010]
Utah-Wyoming boundaries; thence west
along the southern border of Idaho to 3.7015 Sector Guam Marine Inspec-
Oregon and then west along the south- tion Zone and Captain of the Port
ern border of Oregon to the coast at Zone.
Sector Guams office is located in
W; thence west along the southern
Santa Rita, Guam. The boundaries of
boundary of the Thirteenth Coast
Sector Guams Marine Inspection Zone
Guard District, which is described in
and Captain of the Port Zone comprise
3.6510, to the outermost extent of the
the Territory of Guam and the adja-
EEZ at latitude 413835 N, 1285126 W;
cent waters of the EEZ, and the Com-
thence north along the outermost ex-
monwealth of the Northern Mariana Is-
tent of the EEZ to latitude 473200 N;
lands and the adjacent waters of the
thence east to the point of origin.
EEZ. Sector Guams Marine Inspection
[USCG200625556, 72 FR 36326, July 2, 2007] Zone also includes the Republic of
Palau, the Republic of the Marshall Is-
Subpart 3.70Fourteenth Coast lands, and the Federated States of Mi-
Guard District cronesia.
[USCG200625556, 72 FR 36326, July 2, 2007, as
3.701 Fourteenth district. amended by USCG20100351, 75 FR 36277,
(a) The District Office is in Honolulu, June 25, 2010]
Hawaii.
(b) The Fourteenth Coast Guard Dis- 3.7020 Activities Far East Marine In-
trict shall comprise the State of Ha- spection Zone.
waii; and the Pacific Islands belonging (a) Activities Far Easts office is lo-
to the United States south of latitude cated in Yokota, Japan. The bound-
40 N., and west of a line running from aries of Activities Far Easts Marine
40 N., 150 W. through latitude 5 S., Inspection Zone coincide with the
110 W.; the ocean area west and south boundaries of the Fourteenth Coast
of a line running from position 51 N., Guard District, which are described in
158 E. to position 43 N., 165 E.; thence 3.701, excluding those areas within
51
3.851 33 CFR Ch. I (7110 Edition)
the Honolulu and Guam Marine Inspec- tude 561450 N, longitude 1420000 W;
tion Zones, as described in this part. thence north to the point of origin.
(b) Only for this part, the boundary [USCG200625556, 72 FR 36326, July 2, 2007]
between Activities Far East and Ac-
tivities Europe Marine Inspection 3.8515 Sector Anchorage: Western
Zones is demarked by a southerly line Alaska Marine Inspection Zone and
bisecting the border of the Republic of Captain of the Port Zones; Marine
India and the Islamic Republic of Paki- Safety Unit Valdez: Prince William
stan. Sound Marine Inspection and Cap-
tain of the Port Zones.
[USCG20100351, 75 FR 36277, June 25, 2010]
Sector Anchorages office is located
in Anchorage, AK. A subordinate unit,
Subpart 3.85Seventeenth Coast Marine Safety Unit (MSU) Valdez, is
Guard District located in Valdez, AK.
(a) Sector Anchorages Western Alas-
3.851 Seventeenth district. ka Marine Inspection and Captain of
(a) The District Office is in Juneau, the Port Zones start near the Canadian
Alaska. border on the EEZ at latitude
(b) The Seventeenth Coast Guard Dis- 601824 N, longitude 1410000 W, pro-
trict shall comprise the State of Alas- ceeding southwest to latitude 600118
ka; the ocean area bounded by a line N, longitude 1420000 W; thence south
from the Canadian Coast at latitude to the outermost extent of the EEZ at
5440 N. due west to longitude 140 W.; latitude 561450 N, longitude 1420000
thence southwesterly to position 40 N., W; thence southwest along the outer-
150 W.; thence due west to position 40 most extent of the EEZ to latitude
N., 165 E.; thence due north to latitude 512215 N, longitude 1673828 E; thence
43 N.; thence northwesterly to 51 N., northeast along the outermost extent
158 E.; thence north and east along the of the EEZ to latitude 653000 N, lon-
coastline of the continent of Asia to gitude 1685837 W; thence north along
East Cape; thence north to the Arctic the outermost extent of the EEZ to
Ocean. latitude 724629 N, longitude 1685837
[CGFR 6140, 26 FR 10353, Nov. 3, 1961, as W; thence northeast along the outer-
amended by CGFR 70150, 36 FR 912, Jan. 20, most extent of the EEZ to latitude
1971] 744235 N, longitude 1562830 W;
thence southeast along the outermost
3.8510 Sector Juneau: Southeast extent of the EEZ to latitude 725649
Alaska Marine Inspection Zone and N, longitude 1373408 W; thence south
Captain of the Port Zones. along the outermost extent of the EEZ
Sector Juneaus office is located in to the coast near the Canadian border
Juneau, AK. The boundaries of Sector at latitude 693848.88 N, longitude
Juneaus Southeast Alaska Marine In- 1405952.7 W; thence south along the
spection and Captain of the Port Zones United States-Canadian boundary to
start at latitude 600118 N, longitude the point of origin; and in addition, all
1420000 W, proceeding northeast to the area described in paragraph (b) of
the EEZ near the Canadian border at this section.
latitude 601824 N, longitude 1410000 (b) The boundaries of MSU Valdezs
W; thence south and east along the Prince William Sound Marine Inspec-
EEZ on the United States-Canadian tion and Captain of the Port Zones
shore side boundary to the intersection start at Cape Puget at latitude 595604
of the Canadian coast and the Coast N, longitude 1482600 W, proceeding
Guard District Seventeen southern bor- north to latitude 613000 N, longitude
der at latitude 544000 N, longitude 1482600 W; thence east to the United
1311506 W; thence west along the States-Canadian boundary at latitude
southern border of Coast Guard Dis- 613000 N, longitude 1410000 W;
trict Seventeen to the intersection thence south along the United States-
with the outermost extent of the EEZ Canadian boundary to latitude 601824
at latitude 543811 N, longitude N, longitude 1410000 W; thence south-

1400126 W; thence north along the west to the sea at latitude 600118 N,
outermost extent of the EEZ to lati- longitude 1420000 W; thence south to
52
the outermost extent of the EEZ at 33 CFR part or section where Current
latitude 561450 N, longitude 1420000 identified and described OMB control No.
W; thence along the outermost bound- Part 138 ............................................. 16250046
ary of the EEZ to latitude 544926 N, Section 140.15 ................................... 16250050
longitude 1482600 W; thence north to Section 140.103 ................................. 16250054
Section 141.35 ................................... 16250098
the point of origin. Part 143 ............................................. 16250059
Part 144 ............................................. 16250059
[USCG200625556, 72 FR 36326, July 2, 2007, as Part 145 ............................................. 16250059
amended by USCG20080073, 73 FR 15080, Part 146 ............................................. 16250001 and
Mar. 21, 2008] 16250059
Section 146.130 ................................. 16250044
Section 146.140 ................................. 16250059
PART 4OMB CONTROL NUMBERS Section 146.210 ................................. 16250059
ASSIGNED PURSUANT TO THE PA- Part 151 ............................................. 16250009
Section 151.19 ................................... 16250041
PERWORK REDUCTION ACT Section 151.21 ................................... 16250041
Section 151.43 ................................... 16250045
Sec. Section 151.55 ................................... 16250072
4.01 Purpose. Section 151.57 ................................... 16250072
Section 151.2040 ............................... 16250069
4.02 Display. Section 153.203 ................................. 16250096
AUTHORITY: 44 U.S.C. 3507; Department of Section 154.107 ................................. 16250095
Homeland Security Delegation No. 0170.1. Section 154.108 ................................. 16250095
Section 154.110 ................................. 16250093
Section 154.300 through 154.325 ..... 16250021
4.01 Purpose. Section 154.710 ................................. 16250039
This part collects and displays the Section 154.740 ................................. 16250039
Section 154.804 ................................. 16250060
control numbers assigned to informa- Section 154.806 ................................. 16250060
tion collection requirements of the Section 154.1220 ............................... 16250066
Coast Guard by the Office of Manage- Section 154.1225 ............................... 16250066
Section 155.120 ................................. 16250051 and
ment and Budget pursuant to the Pa- 16250095
perwork Reduction Act of 1980, (Pub. L. Section 155.130 ................................. 16250051 and
96511, 44 U.S.C. 3501 et seq.). The Coast 16250095
Guard intends that this subpart com- Section 155.710 ................................. 16250072
Section 155.715 ................................. 16250072
ply with the requirements of section Section 155.720 ................................. 16250030
3507(f) of the Paperwork Reduction Act, Section 155.740 ................................. 16250030
which requires that agencies display a Section 155.750 ................................. 16250030
Section 155.820 ................................. 16250030
current control number assigned by the Section 155.820(d) ............................ 16250039
Director of the Office of Management Section 156.107 ................................. 16250095
and Budget (OMB) for each agency Section 156.110 ................................. 16250095
information collection requirement. Section 156.120 ................................. 16250039
Section 156.150 ................................. 16250039
[CGD 84050, 49 FR 26584, June 28, 1984] Part 156, Subpart B ........................... 16250042
Section 156.200 ................................. 16250042
Part 157 ............................................. 16250036 and
4.02 Display. 16250041
Section 157.37 ................................... 16250041
33 CFR part or section where Current
identified and described OMB control No. Section 157.415 ................................. 16250083
Section 157.420 ................................. 16250083
Part 6 ................................................. 16250020 Section 157.430 ................................. 16250083
Part 67 ............................................... 16250011 Section 157.435 ................................. 16250083
Part 96 ............................................... 16250084 Section 157.450 ................................. 16250083
Part 100 ............................................. 16250008 Section 157.455 ................................. 16250083
Part 101 ............................................. 16250077 Part 158 ............................................. 16250045
Section 101.115 ................................. 16250017 Section 158.140 ................................. 16250045
Part 103 ............................................. 16250077 Section 158.150 ................................. 16250045
Part 104 ............................................. 16250077 Section 158.165 ................................. 16250045
Section 104.297 ................................. 16250017 Section 158.190 ................................. 16250045
Part 105 ............................................. 16250077 Part 159 ............................................. 16250041 and
Part 106 ............................................. 16250077 16250092
Part 115 ............................................. 16250015 Part 160 ............................................. 16250043 and
Part 116 ............................................. 16250073 16250100
Part 120 ............................................. 16250077 Part 161 ............................................. 16250043
Section 126.15(c) .............................. 16250016 Part 164 ............................................. 16250043 and
Section 126.17 ................................... 16250005 16250082
Part 127 ............................................. 16250049 Part 165 ............................................. 16250020 and
Section 127.617 ................................. 16250016 16250043
Section 127.1603 ............................... 16250016 Section 165.100 ................................. 16250088

Part 128 ............................................. 16250077 Section 165.803(i) ............................. 16250023
Part 130 ............................................. 16250046 Section 165.1709 ............................... 16250043
53
33 CFR part or section where Current ed, and recodified by Act of August 4,
identified and described OMB control No. 1949, as 14 U.S.C. 821 through 832.
Section 169.140 ................................. 16250103 (b) Auxiliary means the United States
Section 173.55 ................................... 16250003 Coast Guard Auxiliary established pur-
Section 179.13 ................................... 16250010 suant to the Act.
Section 179.15 ................................... 16250010
Section 181.21 through 181.31 ......... 16250056
(c) Commandant means the Com-
Part 183 ............................................. 16250056 mandant of the United States Coast
Part 187 ............................................. 16250070 Guard.
(d) Member means any person who is
[69 FR 34924, June 23, 2004] a member of the Auxiliary.
(e) Vessel means a motorboat or
yacht.
PART 5COAST GUARD AUXILIARY (f) Motorboat means any documented
or numbered vessel propelled by ma-
Sec.
5.01 Definitions. chinery, not more than 65 feet in
5.03 Purpose. length measured end to end over the
5.05 Organization. deck excluding sheer.
5.07 Administration. (g) Yacht means either (1) any docu-
5.09 Eligibility for membership. mented or numbered vessel used exclu-
5.11 Membership in military organizations. sively for pleasure, or (2) any sailboat
5.13 Application for membership. used exclusively for pleasure over 16
5.15 Admission to membership. feet in length measured from end to
5.17 Disenrollment.
end over the deck excluding sheer.
5.19 Training.
5.21 Ranks, titles, designations, or grades.
(h) Radio station means any equip-
5.23 Advancement. ment (including a building which
5.25 Honorary members. houses such equipment) the use of
5.27 Assignment to specific duties. which to transmit communications by
5.29 Assignment to duty on a motorboat, radio is authorized pursuant to law.
yacht, aircraft, or radio station. (i) Aircraft means any contrivance
5.31 Power and authority. now known or hereafter invented, used
5.33 Training, examination, and assign- or designed for navigation of or flight
ment.
in the air.
5.35 Use of facilities.
5.37 Offer of facilities.
(j) Secretary means the Secretary of
5.39 Acceptance of facilities. Homeland Security when the Coast
5.41 Emergencies. Guard operates in the Department of
5.43 Public vessels, aircraft, and radio sta- Homeland Security or the Secretary of
tions. the Navy when the Coast Guard oper-
5.45 Return of facility. ates as part of the Navy.
5.47 Auxiliary ensign. (k) Facility or facilities means a ves-
5.48 Auxiliary Patrol Boat ensign. sel, aircraft, and/or radio station.
5.49 Reimbursement for expenses.
5.55 Compensation. [CGFR 4864, 13 FR 8393, Dec. 28, 1948, as
5.57 Traveling expenses and per diem. amended by CGFR 5958, 24 FR 10717, Dec. 25,
5.59 Medical treatment and hospitalization. 1959; CGD 96026, 61 FR 33662, June 28, 1996;
5.61 Uniforms. USCG200314505, 68 FR 9534, Feb. 28, 2003]
5.63 Insignia.
5.65 Medals. 5.03 Purpose.
5.69 Limitations of rights, privileges, and
The Auxiliary was created in order to
benefits.
assist the Coast Guard to:
AUTHORITY: 14 U.S.C. 633, 892; Pub. L. 107 (a) Promote safety and to effect res-
296, 116 Stat. 2135; Department of Homeland cues on and over the high seas and on
Security Delegation No. 0170.
navigable waters.
SOURCE: CGFR 4864, 13 FR 8393, Dec. 28, (b) Promote efficiency in the oper-
1948, unless otherwise noted. ation of motorboats and yachts.
(c) Foster a wider knowledge of, and
5.01 Definitions. better compliance with, the laws, rules,
Certain terms used in this part are and regulations governing the oper-
defined as follows:
ation of motorboats and yachts.

(a) Act means the Coast Guard Auxil- (d) Facilitate other operations of the
iary and Reserve Act of 1941, as amend- Coast Guard.
54
5.05 Organization. of the Auxiliary to be vested with or

exercise any right, privilege, power, or
The Auxiliary is a nonmilitary orga-
duty vested in or imposed upon the per-
nization administered by the Com-
sonnel of the Coast Guard or the Coast
mandant, under the direction of the
Guard Reserve.
Secretary.
[CGFR 5958, 24 FR 10717, Dec. 25, 1959]
5.07 Administration.
Any authority vested in the Com- 5.17 Disenrollment.
mandant by this part may be delegated A member of the Auxiliary shall be
by him to such personnel of the Coast disenrolled on request; upon ceasing to
Guard, in such manner and to such ex- possess the qualifications for member-
tent, as he deems necessary or appro- ship; for cause; upon direction of the
priate for the functioning, organiza- Commandant; or upon death.
tion, and internal administration of
[CGFR 5958, 24 FR 10717, Dec. 25, 1959]
the Auxiliary.
5.09 Eligibility for membership. 5.19 Training.
To be eligible for membership in the The Commandant may authorize

Auxiliary, a person (male or female) members of the Auxiliary to pursue
must be over 17 years of age; a citizen correspondence courses conducted by
of the United States or of its Terri- the Coast Guard Institute at cost when
tories and possessions; and either own the furnishing of such courses does not
not less than a twenty-five percent in- interfere with other regular Coast
terest in a motorboat, yacht, aircraft, Guard activities.
or radio station; or have had such spe- 5.21 Ranks, titles, designations, or
cial training or experience as to qual- grades.
ify him in the opinion of the Com-
mandant, for duty in the Auxiliary. The members of the Auxiliary shall
have such ranks, titles, designations,
[CGFR 5958, 24 FR 10717, Dec. 25, 1959] or grades, pursuant to their qualifica-
tions, as the Commandant considers
5.11 Membership in military organi- necessary for the administration and
zations.
operation of the Auxiliary.
Members of the Auxiliary may also
be enrolled, enlisted or commissioned 5.23 Advancement.
in the Coast Guard Reserve. Member- The Commandant shall prescribe the
ship in the Auxiliary is not a bar to circumstances and qualifications under
membership in any other naval or mili- which members of the Auxiliary may
tary organization. be advanced.
5.13 Application for membership. 5.25 Honorary members.
Application for membership in the For conspicuous service to or active
Auxiliary shall be made on the pre- interest in the Auxiliary, the Com-
scribed form which may be obtained mandant may award any person with
from the Commander of the Coast honorary membership in the Auxiliary.
Guard district in which located. Mem- An honorary member of the Auxiliary,
bership is based on the needs of the solely by reason of such honorary
Auxiliary and will necessarily vary in membership, shall not be entitled to
the various Coast Guard districts. any of the rights, benefits, privileges,
[CGFR 5958, 24 FR 10717, Dec. 25, 1959] duties, or obligations of regular mem-
bers of the Auxiliary.
5.15 Admission to membership.
An applicant who is accepted for 5.27 Assignment to specific duties.
membership shall be enrolled in the Members of the Auxiliary shall not
Auxiliary and shall be issued a mem- be assigned to specific duties until they
bership certificate and identification have been found, after appropriate

card. Mere ownership of such a certifi- training and examination, to be com-
cate or card shall not entitle a member petent to perform such duties.
55
5.29 Assignment to duty on a motor- Guard must be made on the prescribed

boat, yacht, aircraft, or radio sta- form.
tion.
[CGFR 5958, 24 FR 10717, Dec. 25, 1959]
No member of the Auxiliary shall be
placed in charge of a motorboat, yacht, 5.39 Acceptance of facilities.
aircraft, or radio station assigned to No vessel, aircraft or radio station
Coast Guard duty unless he has been shall be deemed loaned to the Coast
specifically designated by authority of Guard until an acceptance, on the pre-
the Commandant to perform such duty. scribed form, has been signed on behalf
of the Coast Guard by a person author-
5.31 Power and authority. ized by the Commandant to sign such
Members of the Auxiliary, when as- acceptance and a complete inventory
signed to specific duties shall, unless of consumable and expendable stores
otherwise limited by the Commandant, and equipment has been made and mu-
be vested with the same power and au- tually settled by the owner and the
thority, in execution of such duties, as representative of the Coast Guard.
members of the regular Coast Guard [CGFR 5958, 24 FR 10717, Dec. 25, 1959]
assigned to similar duties.
5.41 Emergencies.
5.33 Training, examination, and as- In an emergency, as declared by the
signment. Commandant, the offer of a vessel, air-
The Commandant will prescribe the craft, or radio station may be made
type of training, qualifications and ex- without the use of the prescribed form,
aminations required before a member and such facility may be accepted on
of the Auxiliary shall be deemed quali- behalf of the Coast Guard without the
fied to perform certain duties, and will use of the acceptance section of the
prescribe the circumstances and man- above form or the inventory last above
ner in which certain members of the mentioned.
Auxiliary shall be authorized to per- [CGFR 5958, 24 FR 10717, Dec. 25, 1959]
form regular and emergency specific
duties. 5.43 Public vessels, aircraft, and
radio stations.
5.35 Use of facilities. While assigned to Coast Guard duty
Section 826 of Title 14, U.S. Code, as authorized herein:
reads as follows: (a) Any motorboat or yacht shall be
deemed to be a public vessel of the
The Coast Guard may utilize for any pur-
pose incident to carrying out its functions
United States, and within the meaning
and duties as authorized by the Secretary of section 827 of title 14, U.S. Code,
any motorboat, yacht, aircraft, or radio sta- shall be deemed to be a vessel of the
tion placed at its disposition for any of such United States Coast Guard.
purposes by any member of the Auxiliary, by (b) Any aircraft shall be deemed to be
any corporation, partnership, or association, a vessel of the United States Coast
or by any State or political subdivision Guard within the meaning of section
thereof. 828 of title 14, U.S. Code, and shall be
[CGFR 5958, 24 FR 10717, Dec. 25, 1959] deemed to be a public aircraft within
the meaning of the act of June 23, 1958
5.37 Offer of facilities. (72 Stat. 737; 49 U.S.C. 1301).
(c) Any radio station shall be deemed
Any member of the Auxiliary desir-
to be a radio station of the United
ing to place a vessel, aircraft, or radio
States Coast Guard and a Government
station at the disposal of the Coast
station within the meaning of section
Guard pursuant to the Act and the reg-
829, title 14, U.S. Code.
ulations in this part, shall commu-
nicate with the Commander of the [CGFR 5958, 24 FR 10717, Dec. 25, 1959]
Coast Guard district in which located
5.45 Return of facility.
indicating in such communication

which facility is offered. Except in A vessel, aircraft, or radio station
emergencies, an offer to the Coast placed at the disposal of the Coast
56
Guard for a specific period, shall be re- (b) The field of the Auxiliary Patrol
turned at the expiration of such period, Boat ensign is white. A medium blue
unless circumstances or emergent need (Coast Guard blue) Coast Guard Auxil-
make the return impracticable at that iary emblem is centered on a broad di-
time. The Commandant will determine agonal red (Coast Guard red) slash
the method, time, and documents to be which is at a 70 degree angle, rising to-
exchanged upon the return to the ward the hoist. The red (Coast Guard
owner of any facility. The property red) slash is followed, away from the
shall be reinventoried as of the time, hoist, by two narrow, parallel stripes,
date and place of redelivery, and mutu- first a white stripe and then a medium
ally settled by the owner and the rep- blue (Coast Guard blue) stripe. The en-
resentative of the Coast Guard. Should tire design is centered on the ensign.
the vessel have been accepted under
emergent conditions, any claim for lost [CGD 85073, 52 FR 36760, Oct. 1, 1987]
equipment or stores must be supported
by invoices showing the date of pur- 5.49 Reimbursement for expenses.
chase and the cost thereof by the per- Any person whose facility has been
son submitting claim therefor. The rep- offered to and accepted by the Coast
resentative of the Coast Guard shall Guard may be reimbursed for the ac-
take all proper precautions to protect tual necessary expenses of operating
the interest of the owner as well as that facility, in accordance with appli-
that of the United States. cable statutes and the procedures pre-
5.47 Auxiliary ensign. scribed by the Commandant.
(a) The Coast Guard Auxiliary ensign [USCG200315404, 68 FR 37740, June 25, 2003]
is a distinguishing mark, authorized by
the Secretary, and may be displayed by 5.55 Compensation.
any vessel, aircraft, or radio station at No member of the Auxiliary shall re-
such times and under such cir- ceive any compensation for his services
cumstances as may be authorized by as a member of the Auxiliary.
the Commandant. The penalty for the
unauthorized flying of any ensign, flag 5.57 Traveling expenses and per
or pennant of the Auxiliary is set forth diem.
in 5.67 of this part.
A member of the Auxiliary, when as-
(b) The field of the Auxiliary ensign
is medium blue (Coast Guard blue) with signed to specific duties, may be paid
a broad diagonal white slash upon actual necessary traveling expenses,
which a matching blue Coast Guard including a per diem allowance, in con-
Auxiliary emblem is centered. The formity with Comptrollers Manual,
white slash shall be at a 70 degree U.S. Coast Guard.
angle, rising away from the hoist. [CGFR 4946, 14 FR 7528, Dec. 16, 1949, as
(c) The Auxiliary emblem consists of amended by CGFR 6155, 26 FR 10571, Dec. 28,
a disk with the shield of the Coat of 1961]
Arms of the United States cir-
cumscribed by an annulet edged and in- 5.59 Medical treatment and hos-
scribed U.S. COAST GUARD AUXIL- pitalization.
IARY all in front of two crossed an- When any member of the Auxiliary is
chors. physically injured or dies as a result of
[CGD 85073, 52 FR 36760, Oct. 1, 1987; 52 FR physical injury incurred while per-
37716, Oct. 8, 1987] forming patrol duty or any other spe-
cific duty to which he has been as-
5.48 Auxiliary Patrol Boat ensign. signed, such member or his beneficiary
(a) The Coast Guard Auxiliary Patrol shall be entitled to the same benefits
Boat ensign is authorized to be flown as are now or as may hereafter be pro-
on all Auxiliary Operational Facility vided for temporary members of the
vessels under orders. The penalty for Coast Guard Reserve who suffer phys-
the unauthorized flying of any ensign, ical injury or death resulting from
flag or pennant of the Auxiliary is set physical injury incurred in line of
forth in 5.67 of this part. duty. Members of the Auxiliary who
57
contract sickness or disease while per- PART 6PROTECTION AND SECU-

forming patrol duty or any other spe- RITY OF VESSELS, HARBORS, AND
cific duty to which they have been as- WATERFRONT FACILITIES
signed shall be entitled to the same
hospital treatment as is afforded mem- Subpart 6.01Definitions
bers of the Regular Coast Guard.
Sec.
5.61 Uniforms. 6.011 Commandant.
Members of the Auxiliary may pur- 6.013 Captain of the Port.
chase from the Coast Guard at actual 6.014 Waterfront facility.
cost such uniforms as may be author- 6.015 Security zone.
ized by the Secretary. Such uniforms 6.016 Area Commander.
may be worn by members of the Auxil-
Subpart 6.04General Provisions
iary under such circumstances and
upon such occasions as may be author- 6.041 Enforcement.
ized by the Commandant. 6.045 Preventing access of persons, articles
or things to vessels, or waterfront facili-
5.63 Insignia. ties.
6.046 Establishing security zones; prohibi-
Insignia, as authorized by the Sec- tions with respect thereto.
retary, may be purchased from the 6.047 Visitation, search, and removal.
Coast Guard at actual cost and may be 6.048 Possession and control of vessels.
worn by members of the Auxiliary 6.0411 Assistance of other agencies.
under such circumstances, at such
Subpart 6.10Identification and Exclusion
places, and upon such occasions as may
of Persons From Vessels and Water-
be prescribed by the Commandant. front Facilities
5.65 Medals. 6.101 Issuance of documents and employ-
ment of persons aboard vessels.
The Commandant may make awards,
6.105 Access to vessels and waterfront fa-
including medals, to members of the cilities.
Auxiliary. 6.107 Identification credentials.
6.109 Appeals.
5.69 Limitations of rights, privileges,
and benefits. Subpart 6.12Supervision and Control of
Section 893 of Title 14, U.S. Code, Explosives or Other Dangerous Cargo
reads as follows: 6.121 General supervision and control.
6.123 Approval of facility for dangerous
Members of the Auxiliary and temporary
cargo.
members of the Reserve shall be entitled
only to such rights, privileges, and benefits Subpart 6.14Security of Waterfront
as are specifically set forth for them in this
Facilities and Vessels in Port
title or as may be specifically provided for
them in any other Act of Congress. Any Act 6.141 Safety measures.
of Congress which grants rights, privileges, 6.142 Condition of waterfront facility a
or benefits generally to military personnel, danger to vessel.
or among others, to personnel of the Coast
Guard and the Coast Guard Reserve, without Subpart 6.16Sabotage and Subversive
specifically granting such rights, privileges, Activity
or benefits to members of the Auxiliary or
temporary members of the Reserve, shall not 6.161 Reporting of sabotage and subversive
be deemed applicable to members of the Aux- activity.
iliary or to temporary members of the Re- 6.163 Precautions against sabotage.
serve.
Subpart 6.18Penalties
[CGFR 5958, 24 FR 10718, Dec. 25, 1959]
6.181 Violations.
Subpart 6.19Responsibility for Security of

Vessels and Waterfront Facilities

6.191 Primary responsibility.
58
AUTHORITY: 40 Stat. 220, as amended; 50 as he deems necessary to prevent dam-
U.S.C. 191. age or injury to any vessel or water-
SOURCE: E. O. 10173, 15 FR 7012, Oct. 20, front facility, to safeguard ports, har-
1950, unless otherwise noted. bors, territories, or waters of the
CROSS REFERENCE: For regulations imple- United States or to secure the observ-
menting the general enforcement provisions ance of the rights and obligations of
contained in Subparts 6.01Definitions and the United States.
6.04General Provisions, see part 125 of this
chapter. [EO 11249, 30 FR 13001, Oct. 13, 1965]
6.016 Area Commander.

Subpart 6.01Definitions
Area Commander, as used in this part,
6.011 Commandant. means the officer of the Coast Guard
Commandant as used in this part, designated by the Commandant to
means the Commandant of the United command a Coast Guard Area.
States Coast Guard. [EO 13273, 67 FR 56215, Sept. 3, 2002]

District Commander as used in this
part, means the officer of the Coast 6.041 Enforcement.
Guard designated by the Commandant
(a) The rules and regulations in this
to command a Coast Guard District.
part shall be enforced by the Captain of
6.013 Captain of the Port. the Port under the supervision and
general direction of the District Com-
Captain of the Port as used in this mander, Area Commander, and the
part, means the officer of the Coast Commandant. All authority and power
Guard, under the command of a Dis-
vested in the Captain of the Port by
trict Commander, so designated by the
the regulations in this part shall be
Commandant for the purpose of giving
deemed vested in and may be exercised
immediate direction to Coast Guard
by the District Commander, Area Com-
law enforcement activities within his
mander, and the Commandant.
assigned area. In addition, the District
(b) The rules and regulations in this
Commander shall be Captain of the
part may be enforced by any other offi-
Port with respect to remaining areas in
cer or petty officer of the Coast Guard
his District not assigned to officers
designated by the District Commander,
designated by the Commandant as Cap-
Area Commander, or the Commandant.
tain of the Port.
(c) Any authority or power under this
[EO 11249, 30 FR 13001, Oct. 13, 1965] part vested in, delegated to, or exer-
cised by a member of the Coast Guard
6.014 Waterfront facility. shall be subject to the direction of the
Waterfront facility. Waterfront facil- Secretary of the Department in which
ity, as used in this part, means all the Coast Guard is operating.
piers, wharves, docks, or similar struc-
[EO 13273, 67 FR 56215, Sept. 3, 2002]
tures to which vessels may be secured
and naval yards, stations, and installa- 6.045 Preventing access of persons,
tions, including ranges; areas of land, articles or things to vessels, or wa-
water, or land and water under and in terfront facilities.
immediate proximity to them; build-
The Captain of the Port may prevent
ings on them or contiguous to them
any person, article, or thing from
and equipment and materials on or in
boarding or being taken or placed on
them.
board any vessel or entering or being
[EO 13143, 64 FR 68273, Dec. 6, 1999] taken into or upon or placed in or upon
any waterfront facility whenever it ap-
6.015 Security zone. pears to him that such action is nec-
Security zone as used in this part, essary in order to secure such vessel
means all areas of land, water, or land from damage or injury or to prevent
and water, which are so designated by damage or injury to any vessel, or wa-
the Captain of the Port for such time terfront facility or waters of the
59
6.046 33 CFR Ch. I (7110 Edition)
United States, or to secure the observ- State, county, municipal, and private
ances of rights and obligations of the agencies to assist in the enforcement of
United States. regulations issued pursuant to this
[EO 11249, 30 FR 13001, Oct. 13, 1965]
part.
6.046 Establishing security zones; Subpart 6.10Identification and

prohibitions with respect thereto. Exclusion of Persons From
The Captain of a Port may establish Vessels and Waterfront Facili-
security zones subject to the terms and ties
conditions specified in 6.015. No per-
son or vessel shall enter a security 6.101 Issuance of documents and
zone without the permission of the employment of persons aboard ves-
Captain of the Port. No person shall sels.
board or take or place any article or No person shall be issued a document
thing on board any vessel in a security required for employment on a mer-
zone without the permission of the chant vessel of the United States nor
Captain of the Port. No person shall shall any person be employed on a mer-
take or place any article or thing upon chant vessel of the United States un-
any waterfront facility in any such less the Commandant is satisfied that
zone without such permission. the character and habits of life of such
[EO 11249, 30 FR 13001, Oct. 13, 1965] person are such as to authorize the be-
lief that the presence of the individual
6.047 Visitation, search, and re- on board would not be inimical to the
moval. security of the United States: Provided,
The Captain of the Port may cause to That the Commandant may designate
be inspected and searched at any time categories of merchant vessels to
any vessel, waterfront facility, or secu- which the foregoing shall not apply.
rity zone, or any person, article, or [EO 10352, 17 FR 4624, May 21, 1952]
thing thereon or therein, within the ju-
risdiction of the United States, may 6.105 Access to vessels and water-
place guards upon any such vessel, wa- front facilities.
terfront facility, or security zone and Any person on board any vessel or
may remove therefrom any and all per- any person seeking access to any vessel
sons, articles, or things not specifically or any waterfront facility within the
authorized by him to go or remain jurisdiction of the United States may
thereon or therein. be required to carry identification cre-
[EO 11249, 30 FR 13002, Oct. 13, 1965] dentials issued by or otherwise satis-
factory to the Commandant. The Com-
6.048 Possession and control of ves- mandant may define and designate
sels. those categories of vessels and areas of
The Captain of the port may super- the waterfront wherein such creden-
vise and control the movement of any tials are required.
vessel and shall take full or partial
possession or control of any vessel or 6.107 Identification credentials.
any part thereof, within the territorial The identification credential to be
waters of the United States under his issued by the Commandant shall be
jurisdiction, whenever it appears to known as the Coast Guard Port Secu-
him that such action is necessary in rity Card, and the form of such creden-
order to secure such vessel from dam- tial, and the conditions and the man-
age or injury, or to prevent damage or ner of its issuance shall be as pre-
injury to any vessel or waterfront fa- scribed by the Commandant after con-
cility or waters of the United States, sultation with the Secretary of Labor.
or to secure the observance of rights The Commandant shall not issue a
and obligations of the United States. Coast Guard Port Security Card unless
he is satisfied that the character and
6.0411 Assistance of other agencies.
habits of life of the applicant therefor

The Captain of the port may enlist are such as to authorize the belief that
the aid and cooperation of Federal, the presence of such individual on
60
board a vessel or within a waterfront 6.123 Approval of facility for dan-

facility would not be inimical to the gerous cargo.
security of the United States. The
The Commandant may designate wa-
Commandant shall revoke and require
terfront facilities for the handling and
the surrender of a Coast Guard Port
Security Card when he is no longer sat- storage of, and for vessel loading and
isfied that the holder is entitled there- discharging, explosives, inflammable or
to. The Commandant may recognize for combustible liquids in bulk, or other
the same purpose such other creden- dangerous articles or cargo covered by
tials as he may designate in lieu of the the regulations referred to in 6.121,
Coast Guard Port Security Card. and may require the owners, operators,
masters, and others concerned to se-
[EO 10277, 16 FR 7541, Aug. 2, 1951] cure permits for such handling, stor-
6.109 Appeals. age, loading, and unloading from the
Captain of the Port, conditioned upon
Persons who are refused employment the fulfillment of such requirements
or who are refused the issuance of doc- for the safeguarding of such waterfront
uments or who are required to sur-
facilities and vessels as the Com-
render such documents, under this sub-
mandant may prescribe.
part, shall have the right of appeal, and
the Commandant shall appoint Boards
for acting on such appeals. Each such Subpart 6.14Security of Water-
Board shall, so far as practicable, be front Facilities and Vessels in
composed of one Coast Guard officer, Port
one member drawn from management,
and one member drawn from labor. The 6.141 Safety measures.
members drawn from management and The Commandant, in order to achieve
labor shall, upon suitable security
the purposes of this part, may pre-
clearance, be nominated by the Sec-
scribe such conditions and restrictions
retary of Labor. Such members shall be
relating to the safety of waterfront fa-
deemed to be employees of the United
States and shall be entitled to com- cilities and vessels in port as he finds
pensation under the provisions of sec- to be necessary under existing cir-
tion 15 of the act of August 2, 1946 (5 cumstances. Such conditions and re-
U.S.C. 55a) while performing duties in- strictions may extend, but shall not be
cident to such employment. The Board limited to, the inspection, operation,
shall consider each appeal brought be- maintenance, guarding, and manning
fore it and, in recommending final ac- of, and fire-prevention measures for,
tion to the Commandant, shall insure such vessels and waterfront facilities.
the appellant all fairness consistent [EO 10277, 16 FR 7541, Aug. 2, 1951]
with the safeguarding of the national
security. 6.142 Condition of waterfront facil-
ity a danger to vessel.
Subpart 6.12Supervision and Whenever the captain of the port
Control of Explosives or Other finds that the mooring of any vessel to
Dangerous Cargo a wharf, dock, pier, or other waterfront
structure would endanger such vessel,
6.121 General supervision and con- or any other vessel, or the harbor or
trol.
any facility therein by reason of condi-
The Captain of the Port may super- tions existing on or about such wharf,
vise and control the transportation, dock, pier, or other waterfront struc-
handling, loading, discharging, stow- ture, including, but not limited to, in-
age, or storage of hazardous materials adequate guard service, insufficient
on board vessels as covered by the reg- lighting, fire hazards, inadequate fire
ulations in 49 CFR parts 170189, 46 CFR protection, unsafe machinery, internal
parts 150156, 46 CFR parts 146148 and disturbance, or unsatisfactory oper-
the regulations governing tank vessels ation, the captain of the port may pre-
(46 CFR parts 3039). vent the mooring of any vessel to such
[CGD 77228, 43 FR 53427, Nov. 16, 1978] wharf, dock, pier, or other waterfront
61
6.161 33 CFR Ch. I (7110 Edition)
structure until the unsatisfactory con- discretion of the court, be fined not more
dition or conditions so found are cor- than $10,000.
rected, and he may, for the same rea-
sons, after any vessel has been moored, Subpart 6.19Responsibility for
compel the shifting of such vessel from Security of Vessels and Water-
any such wharf, dock, pier, or other front Facilities
waterfront structure.
[EO 10277, 16 FR 7541, Aug. 2, 1951] 6.191 Primary responsibility.
Nothing contained in this part shall
Subpart 6.16Sabotage and be construed as relieving the masters,
Subversive Activity owners, operators, and agents of ves-
sels or other waterfront facilities from
6.161 Reporting of sabotage and their primary responsibility for the
subversive activity. protection and security of such vessels
Evidence of sabotage or subversive or waterfront facilities.
activity involving or endangering any [EO 10277, 16 FR 7541, Aug. 2, 1951]
vessel, harbor, port, or waterfront fa-
cility shall be reported immediately to
the Federal Bureau of Investigation PART 8UNITED STATES COAST
and to the captain of the port, or to GUARD RESERVE
their respective representatives.
Sec.
6.163 Precautions against sabotage. 8.1 Functions of the Coast Guard Reserve.
The master, owner, agent, or oper- 8.3 Organization of the Coast Guard Re-
serve.
ator of a vessel or waterfront facility
8.5 Regulations for the Coast Guard Re-
shall take all necessary precautions to
serve.
protect the vessel, waterfront facility,
8.7 Information.
and cargo from sabotage.
AUTHORITY: 14 U.S.C. 633.
Subpart 6.18Penalties SOURCE: CGD 79105, 48 FR 36449, Aug. 11,
1983, unless otherwise noted.
6.181 Violations.
Section 2, Title II of the act of June 8.1 Functions of the Coast Guard Re-
serve.
15, 1917, as amended, 50 U.S.C. 192, pro-
vides as follows: (a) The Coast Guard Reserve is a
component of the Coast Guard. The
If any owner, agent, master, officer, or per-
son in charge, or any member of the crew of
Coast Guard Reserve trains personnel
any such vessel fails to comply with any reg- for mobilization and for augmentation
ulation or rule issued or order given under of the regular Coast Guard.
the provisions of this title, or obstructs or (b) Members of the Coast Guard Re-
interferes with the exercise of any power serve can be used for:
conferred by this title, the vessel, together
with her tackle, apparel, furniture, and
1. Partial or full mobilization under
equipment, shall be subject to seizure and 10 U.S.C. 12301;
forfeiture to the United States in the same (2) Voluntary or involuntary call-up
manner as merchandise is forfeited for viola- for emergency augmentation of the
tion of the customs revenue laws; and the regular Coast Guard during time of se-
person guilty of such failure, obstruction, or rious natural or man-made disaster
interference shall be punished by imprison-
ment for not more than ten years and may, under 14 U.S.C. 712; and
in the discretion of the court, be fined not (3) Augmentation of the regular
more than $10,000. Coast Guard during active duty or in-
(a) If any other person knowingly fails to active duty for training.
comply with any regulation or rule issued or (c) A member of the Reserve on ac-
order given under the provisions of this title,
tive duty or inactive duty training has
or knowingly obstructs or interferes with
the same authority, rights, and privi-
the exercise of any power conferred by this

title, he shall be punished by imprisonment leges in the performance of that duty
for not more than ten years and may, at the
62
as a member of the regular Coast Defense and Department of the Navy

Guard of corresponding grade or rating. regulations in Title 32 of the Code of
[CGD 79105, 48 FR 36449, Aug. 11, 1983, as
Federal Regulations.
amended by CGD 97023, 62 FR 33361, June 19, [CGD 96026, 61 FR 33662, June 28, 1996, as
1997] amended by CGD 97023, 62 FR 33362, June 19,
1997]
8.3 Organization of the Coast Guard
Reserve. 8.7 Information.
(a) The Coast Guard Reserve is orga- (a) Information concerning the Coast
nized, trained and equipped under the Guard Reserve may be obtained from
direction of the Commandant. Commandant (CG13), 2100 2nd St. SW.,
(b) The Director of Reserve and Stop 7801, Washington, DC 205937801.
Training is responsible for the overall (b) Information and requirements for
administration and supervision of the enlistment in the Coast Guard Reserve
Reserve. or concerning the procurement of offi-
(c) In Atlantic Area, Integrated Sup- cers for the Coast Guard Reserve can
port Commands have responsibility for be obtained from the following offices:
local Reserve issues; however, in Pa- (1) Any Coast Guard Recruiting Of-
cific Area, responsibility for local Re- fice.
serve issues remains with District (2) Coast Guard Recruiting Center,
Commanders. 4200 Wilson Boulevard, Suite 450, Ar-
(d) Most Coast Guard Reservists are lington, VA 22203.
fully integrated into active duty Coast
Guard units. There, Reservists perform [CGD 96026, 61 FR 33662, June 28, 1996, as
the same duties and have the same re- amended by USCG20100351, 75 FR 36278,
sponsibilities as their active duty June 25, 2010]
counterparts. Their integrated work
prepares Reservists to perform the du- PART 13DECORATIONS, MEDALS,
ties of their mobilization assignments RIBBONS AND SIMILAR DEVICES
while at the same time providing as-
sistance to the active service. Some Subpart 13.01Gold and Silver Lifesaving
Reservists are assigned to dedicated Medals, Bars, and Miniatures
Reserve units where they train and mo-
Sec.
bilize in support of national defense op-
13.011 General.
erations. 13.015 Gold and Silver Lifesaving Medals.
[CGD 96026, 61 FR 33662, June 28, 1996] 13.0110 Gold and silver bars.
13.0115 Applications and recommendations.
8.5 Regulations for the Coast Guard 13.0120 Definitions.
Reserve. 13.0125 Description of Gold Lifesaving
Medal.
(a) Regulations for the Coast Guard 13.0130 Description of Silver Lifesaving
Reserve are established by the Com- Medal.
mandant. 13.0135 Description of gold and silver bars.
(b) Permanent regulations are pub- 13.0140 Miniature medals and bars.
lished in Coast Guard publications and 13.0145 Replacement of medals and bars.
manuals and include the following: AUTHORITY: Secs. 500, 633, 63 Stat. 536, 545,
(1) Coast Guard Regulations. sec. 6(b)(1), 80 Stat. 938; 14 U.S.C. 500, 633; 49
(2) Coast Guard Organization Manual. U.S.C. 1655(b); 49 CFR 1.4 (a)(2) and (f).
(3) Coast Guard Reserve Policy Man- SOURCE: CGFR 68134, 33 FR 18932, Dec. 19,
ual. 1968, unless otherwise noted.
(4) Personnel Manual.
(5) Recruiting Manual.
(6) Military Justice Manual. Subpart 13.01Gold and Silver
(7) Comptroller Manual. Lifesaving Medals, Bars, and
(c) Temporary regulations and orders Miniatures
affecting Reservists are included in in-
structions or notices in the Coast 13.011 General.
Guard directives system. Lifesaving Medals of gold and silver,

(d) Other regulations that affect the designated as the Gold Lifesaving
Reserve are located in Department of Medal and the Silver Lifesaving Medal,
63
13.015 33 CFR Ch. I (7110 Edition)
respectively, may be awarded by the Commandant. Applications and rec-

Commandant, U.S. Coast Guard, here- ommendations for the award of a Life-
inafter called the Commandant, under saving Medal may be filed by or in be-
14 U.S.C. 500 and the regulations in this half of the person making or attempt-
subpart to persons rescuing or endeav- ing a rescue under circumstances con-
oring to rescue any other person from templated by the regulations in this
drowning, shipwreck or other peril of subpart. Applications or recommenda-
the water. tions for award of medals or requests
for information pertaining thereto
13.015 Gold and Silver Lifesaving should be addressed to the Commander
Medals.
of the Coast Guard District, herein-
Lifesaving Medals may be awarded to after called the District Commander,
any person who rescues or endeavors to where the incident took place. (See
rescue any other person from drown- part 3 of this subchapter for descrip-
ing, shipwreck or other peril of the tions of Coast Guard Districts.) If the
water. In order for a person to be eligi- District is unknown, or if the incident
ble for a Lifesaving Medal the rescue or took place outside any such district,
attempted rescue must take place in applications and recommendations
waters within the United States or sub- should be addressed to the Com-
ject to the jurisdiction thereof, or if mandant, U.S. Coast Guard, 2nd St.
the rescue or attempted rescue takes SW., Stop 7000, Washington, DC 20593
place outside such waters, one or the 7000.
other of the parties must be a citizen of (b) Completed applications must in-
the United States or from a vessel or clude:
aircraft owned or operated by citizens
(1) Satisfactory evidence of the serv-
of the United States. If such rescue or
ices performed, in the form of affida-
attempted rescue is made at the risk of
vits, made by eyewitnesses of good re-
ones own life and evidences extreme
pute and standing testifying of their
and heroic daring, the medal shall be of
gold. If such rescue or attempted res- own knowledge. The opinion of wit-
cue is not sufficiently distinguished to nesses that the person for whom an
deserve the medal of gold but evidences award is sought imperiled his or her
the exercise of such signal exertion as own life or made signal exertions is not
to merit recognition, the medal shall sufficient but the affidavits must set
be of silver. Lifesaving Medals may be forth in detail all facts and occurrences
awarded posthumously. tending to show clearly in what man-
ner and to what extent life was risked
13.0110 Gold and silver bars. or signal exertions made so that the
No person shall receive more than Commandant may judge for himself as
one Gold Lifesaving Medal and one Sil- to the degree of merit involved.
ver Lifesaving Medal; but any person (2) The precise locality of the rescue
who has received or may hereafter re- or attempted rescue, whether from wa-
ceive a Gold or Silver Lifesaving Medal ters within the United States or sub-
and who again performs an act which ject to the jurisdiction thereof, or if
would entitle him to receive another the rescue or attempted rescue is out-
medal of the same class, may be award- side such waters, whether one or the
ed, in lieu of a second medal of the other of the parties is a citizen of the
same class, a gold or silver bar, as the United States, or from a vessel or air-
case may be, to be worn with the medal craft owned or operated by citizens of
already bestowed, and for every such the United States, shall be stated. The
additional act, an additional bar may date, time of day, nature of the weath-
be awarded. Gold and silver bars may er, condition of the water, the names of
be awarded posthumously. all persons present when practicable,
the names of all persons rendering as-
13.0115 Applications and rec- sistance, and all pertinent cir-
ommendations. cumstances and data, showing the pre-
cise nature and degree of risk involved,
(a) All administrative details per-

taining to the award of Lifesaving Med- should be stated.
als are under the jurisdiction of the (c) Recommendations must include:
64
(1) As much of the information indi- affiants to be credible persons, cer-

cated in paragraphs (b) (1) and (2) of tified by some U.S. Officer, such as a
this section which is available to the judge or clerk of a U.S. Court, district
person making the recommendation. attorney, collector of customs, post-
Upon receipt the Commandant or the master, or officer of the Armed Forces.
cognizant District Commander shall If the affiant is a citizen or resident of
cause such recommendation to be re- a foreign country and if the affidavit is
ferred to an investigating officer who executed in such foreign country, the
shall cause to be developed such addi- credibility certificate may be executed
tional information and evidence as is by an officer of such foreign country,
deemed necessary to either (i) termi- who occupies an official position simi-
nate the investigation as containing lar to the aforementioned U.S. officers.
insufficient justification to continue (h) The decision of the Commandant
further, or (ii) to complete the applica- on all applications, recommendations,
tion for submission to the Com- and investigations for the Gold or Sil-
mandant for his final determination. ver Lifesaving Medals shall be final.
(d) Either the Commandant or the [CGFR 68134, 33 FR 18932, Dec. 19, 1968, as
District Commander may, without any amended by USCG20100351, 75 FR 36278,
application or recommendation, of his June 25, 2010]
own motion, order an informal inves-
tigation into such an incident under 13.0120 Definitions.
Chapter II, of the Coast Guard Supple- As used in the statutes cited and in
ment to the Manual for Courts-Martial the regulations in this subpart:
(CG241). (a) Peril of the water includes all
(e) Affidavits required by this sub- perils on water caused by, or which are
part shall be made before an officer such by reason of, the sea or bodies of
duly authorized to administer oaths water such as lakes, bays, sounds and
and if taken before an officer without rivers; whenever, wherever and in
an official seal, his official character whatever way human life is directly
must be certified by the proper officer imperiled by the sea or a body of water
of a court of record, under the seal is a peril of the water.
thereof, unless the oath be taken be- (b) A shipwreck includes an inci-
fore an officer of the Armed Forces au- dent threatening persons whose lives
thorized to administer oaths under the are endangered by perils of the water
provisions of Article 136, UCMJ (10 as well as those who are, strictly
U.S.C. 936). speaking, no longer in danger from the
(f) Cognizant District Commanders sea or a body of water, that peril al-
shall act upon all applications and rec- ready having passed, but who are in
ommendations submitted to them from imminent danger and in great need of
whatever source and shall: succor or rescue, as e.g., being adrift in
(1) Forward completed applications an open boat or stranded on some bar-
with his recommendations to the Com- ren coast where, without succor or res-
mandant for his consideration and de- cue, they would die of starvation,
termination; or, thirst, or exposure.
(2) Inform the applicant or the person (c) Waters within the United States
submitting the recommendation that or subject to the jurisdiction thereof,
he considers such application or rec- embrace all waters within the United
ommendation incomplete together States, and any other waters over
with the reasons therefor and that a which the United States exercises ju-
period of 90 days will be allowed for ad- risdiction.
ditional evidence to be provided upon
the expiration of which he will file the 13.0125 Description of Gold Life-
application or recommendation with- saving Medal.
out further action. (a) The Gold Lifesaving Medal is 99.9
(g) Whenever the cognizant District percent pure gold and consists of a
Commander shall deem such action pendant suspended by a swivel from the
necessary, he may require that the head of an eagle attached to a silk

aforementioned affidavits shall be ac- grogram ribbon 1 and 38ths inches in
companied by a certificate showing the width, composed of a 316ths of an inch
65
13.0130 33 CFR Ch. I (7110 Edition)
red stripe, a 132d of an inch white words: In testimony of heroic deeds in

stripe, a 1516ths of an inch gold stripe, saving life from the perils of the
a 132d of an inch white stripe, and a water.
316ths of an inch red stripe. The pend-
(b) Engraving: Before presentation,
ant is 1 and 716ths inches in diameter the recipients name shall be inscribed
and 332ds of an inch in thickness. There inside the laurel wreath, on the reverse
appear, on the obverse side of the pend- of the medal.
ant, three men in a boat in a heavy sea;
one is rescuing a person clinging to a 13.0135 Description of gold and sil-
spar at the end of which is a block and ver bars.
line; another is standing, prepared to (a) The bar is plain and horizontal,
heave a line; a third is rowing; in the composed of the same metal as the
distance, to the left, is the wreck of a medal previously awarded recipient,
vessel; the whole is encircled by the and is 1 and 58ths inches long by 316ths
words: United States of America, in of an inch wide with a flowing ribbon
the upper half, and Act of Congress, draped over the left end and passing in
August 4, 1949, in the lower half. On back and appearing beneath the bar.
the reverse side of the pendant there The part of the ribbon showing beneath
appears, in the center a monument sur- the bar bears the inscription Act of
mounted by an American eagle; the fig- Congress, August 4, 1949, in raised
ure of a woman stands, to the left, block letters. The bar and ribbon are in
holding in her left hand an oak wreath, folds of a spray of laurel with the leave
and with her right hand, preparing to showing above and beneath.
inscribe the name of the recipient on (b) Engraving: Before presentation,
the monument; to the right are the recipients name shall be inscribed
grouped a mast, a yard with a sail, an on the obverse of the bar.
anchor, a sextant, and a laurel branch;
the whole is encircled by the words: 13.0140 Miniature medals and bars.
In testimony of heroic deeds in saving
life from the perils of the water. (a) Miniature Gold and Silver Life-
(b) Engraving: Before presentation, saving Medals and bars are replicas of
the recipients name shall be inscribed the Lifesaving Medals and bars, to be
on the monument, on the reverse of worn on civilian clothing. Such minia-
the medal. tures are not furnished by the Govern-
ment.
13.0130 Description of Silver Life- (b) Miniature medals and bars may
saving Medal. procured from sources authorized by
(a) The Silver Lifesaving Medal is 99 the Commandant, U.S. Coast Guard, to
percent pure silver and consists of a furnish same to persons who produce
pendant suspended by a swivel from the original documentary evidence of hav-
head of an eagle attached to a silk ing been awarded the medal or bar for
grogram ribbon 1 and 38ths inches in which a miniature replica is desired.
width, composed of a 316ths of an inch
blue stripe, a 132d of an inch white 13.0145 Replacement of medals and
stripe, a 1516ths of an inch silver gray bars.
stripe, a 132d of an inch white stripe, The Gold or Silver Lifesaving Medal
and a 332ds of an inch blue stripe. The or bar will be replaced at cost to the
pendant is 1 and 716ths inches in diame- applicant upon submitting a statement
ter and 332ds of an inch in thickness. in affidavit form of having been award-
On the obverse side of the pendant ed a medal or bar and the cir-
there appears the figure of a woman cumstances involving loss of same. A
hovering over a man struggling in Lifesaving Medal or bar, however, may
heavy sea and extending to him one be replaced without charge in the dis-
end of a long scarf; the whole is encir- cretion of the Commandant, if said
cled by the words: United States of medal or bar has, under extremely un-
America, in the upper half, and Act usual circumstances, been lost, de-
of Congress, August 4, 1949, in the stroyed or rendered unfit for use with-
lower half. On the reverse there ap- out fault or neglect on the part of the
pears a laurel wreath encircled by the person to whom it was awarded.
66
PART 17UNITED STATES COAST (b) The Commandant may authorize

GUARD GENERAL GIFT FUND or designate officers of the United
States Coast Guard to accept gifts, de-
Subpart 17.01General Provisions vises, or bequests.
Sec. [CGFR 5318, 18 FR 3171, June 3, 1953, as

17.011 Basis and purpose. amended by CGFR 6136, 26 FR 9321, Oct. 3,
17.0110 Authority to receive gifts. 1961]
Subpart 17.05Administration Subpart 17.05Administration

17.051 Gifts.
17.055 Acceptance and disbursement of
17.051 Gifts.
gifts. The gifts or bequests may be in
17.0510 Instructions for administration. money or negotiable instrument form.
AUTHORITY: Secs. 92, 633, 63 Stat. 503, as If in the form of a money order, check,
amended, 545, sec. 2601, 70A Stat. 144; 14 etc., it should be made payable to the
U.S.C. 92, 633, 10 U.S.C. 2601; Treasury Dept. Treasurer of the United States.
Order 1671, 18 FR 671.
[CGFR 5318, 18 FR 3171, June 3, 1953]
Subpart 17.01General Provisions 17.055 Acceptance and disburse-
17.011 Basis and purpose. ment of gifts.
In accordance with 10 U.S.C. 2601 (for- (a) The immediate receiving person
merly the Act of March 11, 1948, secs. 1, shall give a proper receipt on the prop-
to 4, 62 Stat. 71, 72); and Treasury De- er form used by the United States
partment Order No. 1671, dated Janu- Coast Guard to acknowledge receipt of
ary 16, 1953 (18 FR 671), the regulations collections to the donor of a gift or be-
in this part are hereby prescribed to quest of money or for the proceeds
provide for the acceptance and subse- from a sale of property received as a
quent use of gifts, devises, or bequests gift or devise.
of property, real or personal, made on (b) Gifts or bequests of money, or the
the condition that they be used for the proceeds from sales of property re-
benefit of, or in connection with, the ceived as gifts or devises shall be de-
establishment, operation, mainte- posited in the Treasury of the United
nance, or administration of any school, States under symbol and title
hospital, library, museum, chapel, or 20X8533United States Coast Guard,
other institution or organization under General Gift Fund. Funds so deposited
the jurisdiction of the United States shall be subject to disbursement by or
Coast Guard.
at the direction of the Commandant,
[CGFR 6136, 26 FR 9321, Oct. 3, 1961] United States Coast Guard, for the ben-
efit or use of the designated school,
17.0110 Authority to receive gifts. hospital, library, museum, chapel, or
(a) The Commandant, United States other institution or organization under
Coast Guard, may accept, receive, hold, the jurisdiction of the United States
or administer gifts, devises, or bequests Coast Guard subject to the terms of the
of property, real or personal, made on particular gift, devise, or bequest.
the condition that they be used for the (c) 10 U.S.C. 2601(c) states that any
benefit of, or in connection with, the gift, devise, or bequest of property, real
establishment, operation, mainte- or personal, accepted under these pro-
nance, or administration of any school, visions shall be deemed to be a gift, de-
hospital, library, museum, chapel, or vise, or bequest to or for the use of the
other institution or organization under
United States for the purpose of Fed-
the jurisdiction of the United States
eral income, estate, and gift taxes.
Coast Guard. The Commandant is au-
thorized to pay all necessary fees, [CGFR 5318, 18 FR 3171, June 3, 1953, as
charges, and expenses in connection amended by CGFR 6136, 26 FR 9321, Oct. 3,

with the conveyance or transfer of any 1961]
such gifts, devises, or bequests.
67
17.0510 33 CFR Ch. I (7110 Edition)
17.0510 Instructions for administra- any authorized representative of an

tion. agency of the United States Govern-
The Commandant, United States ment or any other interested person
Coast Guard, will issue such detailed (including the master, agent, or owner
instructions as may be necessary for of the vessel involved). Except as pro-
the administration of the United vided in paragraph (d) of this section,
States Coast Guard General Gift Fund the application shall be in writing. The
or for the acceptance, operation, or application shall be delivered to the
maintenance of property, real or per- Coast Guard District Commander or to
sonal, that may be accepted for the his designated representative at the
benefit of or in connection with any port or place where the vessel is lo-
school, hospital, library, museum, cated. In the case of a vessel in any
chapel, or other institution or organi- port or place of the Canal Zone or in
zation under the jurisdiction of the any foreign port or place, the applica-
United States Coast Guard subject to tion shall be made to the designated
the terms and conditions of any par- representative of the Commandant at
ticular gift, devise, or bequest. such port or place, or if the Coast
Guard has not established facilities in
[CGFR 6136, 26 FR 9321, Oct. 3, 1961]
such port or place, to the nearest des-
ignated representative of the Com-
PART 19WAIVERS OF NAVIGA- mandant at a port or place where such
TION AND VESSEL INSPECTION facilities have been established. Every
LAWS AND REGULATIONS 1 application shall contain a statement
of the particular provisions of law with
Sec. respect to which waiver of compliance
19.01 Procedures for effecting individual
is requested, a certification that the
waivers of navigation and vessel inspec-
tion laws and regulations. waiver of compliance with such laws
19.04 Vessels requisitioned by the United with respect to the vessel involved is
States for emergency evacuation. necessary in the interest of national
19.06 Vessels operated by or chartered to defense and, an outline of the facts
Military Sealift Command. upon which such certification is based.
19.07 Chronological record of seamans pre- The Coast Guard District Commander
vious employment.
(or his designated representative or the
19.15 Permits for commercial vessels han-
dling explosives at military installa- designated representative of the Com-
tions. mandant, as the case may be) shall
promptly examine every application
AUTHORITY: Sec. 1, 64 Stat. 1120, sec. 6(b)(1),
80 Stat. 937; 46 U.S.C. note prec. 1, 49 U.S.C.
for the purpose of determining whether
108; Department of Homeland Security Dele- the necessity for prompt action is such
gation No. 0170.1. as to require that the waiver be made
effective by him without reference to
19.01 Procedures for effecting indi- the Commandant. In any case in which
vidual waivers of navigation and it appears to the Coast Guard officer
vessel inspection laws and regula- concerned that reference of the appli-
tions.
cation to the Commandant for action
(a) It is hereby found necessary in would not delay the sailing of the ves-
the interest of national defense to sel or otherwise be contrary to the in-
waive compliance with the navigation terest of national defense, the applica-
and vessel inspection laws adminis- tion shall be so referred. In all other
tered by the Coast Guard, as well as cases such Coast Guard officer shall
the regulations issued thereunder and give immediate consideration to the
contained in 46 CFR Chapter I or in application and if he reaches the con-
this chapter, to the extent and in the clusion that the urgency of the situa-
manner and upon the terms and condition outweighs the marine hazard in-
tions as set forth in this section. volved, then such waiver shall be made
(b) An application requesting that a effective in regard to such vessel to the
waiver be made effective with respect extent and under the circumstances
to a particular vessel may be made by
specified by him.
(c) The Coast Guard officer making
1 Also codified as 46 CFR part 6. such a waiver effective pursuant to
68
paragraph (b) of this section shall im- States for the purpose of emergency
mediately prepare, in triplicate, an evacuation.
order setting forth the name of the ves-
[CGFR 5161, 16 FR 12792, Dec. 20, 1951]
sel involved, the laws (also regulations,
if any) with respect to which the waiv-
19.06 Vessels operated by or char-
er is effective, the extent to which tered to Military Sealift Command.
compliance with such laws (also regu-
lations, if any) is waived, and the pe- (a) Pursuant to the request of the
riod for which the waiver shall be effec- Deputy Secretary of Defense, dated Au-
tive. If practicable, one copy of this gust 6, 1958, and to the request of the
order shall be delivered to the master Assistant Secretary of Defense, Instal-
of the vessel involved before such ves- lations and Logistics, dated May 23,
sel sails. In any case where the order is 1964, made under the provisions of sec-
not delivered to the master, it shall be tion 1 of Pub. L. 891, 81st Congress, ap-
delivered to the owner, operator, or proved December 27, 1950 (64 Stat. 1120;
agent of the vessel without delay. One 46 U.S.C., note preceding section 1), and
copy of the order shall be transmitted their findings that a waiver is nec-
to the Commandant and the remaining essary in the interest of national de-
copy kept on file. fense, compliance with the provisions
(d) In any case of extreme urgency of the navigation and vessel inspection
the application for a waiver may be laws administered by the United States
made orally and if the Coast Guard Coast Guard, as well as the regulations
District Commander (or his designated issued thereunder and contained in 33
representative or the designated rep- CFR Chapter I, or in this chapter, is
resentative of the Commandant, as the hereby waived to the extent and upon
case may be) reaches the conclusion re- the terms and conditions as set forth in
ferred to in paragraph (b) of this sec- this section, in order to permit vessels
tion, the waiver shall be made effective operated by or chartered to the Mili-
without further delay, subject to the tary Sealift Command to carry out
condition that the application be re- their assigned missions.
duced to writing and delivered within (b) An application requesting that
such period after the date of the oral this waiver be made effective with re-
request as the Coast Guard officer spect to a particular vessel may be
making the waiver effective shall made by the Commander, Military Sea-
specify in the order. lift Command, or any one of his duly
(e) No penalty shall be imposed be- designated representatives. Except as
cause of failure to comply with any provided in paragraph (e) of this sec-
provision of law (or regulation, if any), tion, the application shall be in writ-
the waiver of which has been made ef- ing. The application shall be delivered
fective pursuant to the requirements in to the Coast Guard District Com-
this section. mander or to his designated represent-
[CGFR 5110, 16 FR 1959, Mar. 1, 1951] ative at the port or place where the
vessel is located. In the case of a vessel
19.04 Vessels requisitioned by the in any foreign port or place, the appli-
United States for emergency evacu- cation shall be made to the designated
ation. representative of the Commandant at
Pursuant to the request of the Acting such port or place, or if the Coast
Secretary of Defense, dated November Guard has not established facilities in
21, 1951, made under the provisions of such port or place, to the nearest des-
section 1 of Pub. L. 891, 81st Congress, ignated representative of the Com-
approved December 27, 1950, compliance mandant at a port or place where such
is hereby waived with the provisions of facilities have been established, or to
the navigation and vessel inspection the Commandant (CG543), 2100 2nd St.
laws administered by the United States SW., Stop 7000, Washington, DC 20593
Coast Guard, as well as the regulations 7000. Every application shall:
issued thereunder and contained in this (1) Describe the laws and/or regula-
chapter, to the extent necessary to per- tions by appropriate references and/or

mit the operation of vessels which subjects with respect to which the
might be requisitioned by the United waiver of compliance is desired;
69
19.07 33 CFR Ch. I (7110 Edition)
(2) Contain a certification that the (f) No penalty shall be imposed be-
waiver of compliance with such laws cause of failure to comply with any
and/or regulations with respect to the provision of law and/or regulation, the
vessel involved is necessary in the in- waiver of which has been made effec-
terest of national defense and is nec- tive pursuant to the requirements of
essary for the Military Sealift Com- this section.
mand to carry out an assigned mission; (g) This waiver order shall remain in
(3) The name and official number of effect until terminated by proper au-
the vessel involved (including the thority and notice of cancellation is
names of master, agent, and owner of published in the FEDERAL REGISTER.
the vessel involved); and [CGFR 6486, 30 FR 88, Jan. 6, 1965, as amend-
(4) For how long the waiver is needed. ed by CGD 88052, 53 FR 25119, July 1, 1988;
(c) The Coast Guard officer making CGD 96026, 61 FR 33662, June 28, 1996; USCG
the waiver in paragraph (a) of this sec- 200418057, 69 FR 34925, June 23, 2004; USCG
tion effective for a particular vessel 20100351, 75 FR 36278, June 25, 2010]
shall immediately prepare, in quadru-
plicate, an order setting forth: 19.07 Chronological record of sea-
mans previous employment.
(1) The name and official number of
the vessel involved; (a) Compliance is hereby waived with
(2) The laws and/or regulations with regard to the provisions of subsection
respect to which the waiver is effec- (h) of R.S. 4551, as amended (46 U.S.C.
tive; 643), to the extent necessary to permit
(3) The extent to which compliance the Commandant of the United States
with such laws and/or regulations is Coast Guard to issue a chronological
waived; and record of a seamans previous employ-
(4) The period for which the waiver ment on a single document, in lieu of
shall be effective. making individual entry in a duplicate
(d) If practicable, one copy of this continuous discharge book or fur-
waiver order shall be delivered to the nishing individual certificates of dis-
master of the vessel involved before charge.
such vessel sails. In any case where the (b) It is hereby found that the
waiver order is not delivered to the waiving of the provisions of R.S.
master, it shall be delivered to the 4551(h), as amended (46 U.S.C. 643), is
owner, operator, or agent of the vessel necessary in the interest of national
without delay. One copy of the waiver defense.
order shall be delivered to the Com- [CGFR 519, 16 FR 1829, Feb. 27, 1951, as
mander, Military Sealift Command, or amended by CGFR 594a, 24 FR 3055, Apr. 21,
his duly designated representative, who 1959]
submitted the application. One copy of CROSS REFERENCE: See 49 CFR 7.93 for the
the waiver order shall be transmitted fee for this record.
to the Commandant (CG-543) and the
remaining copy kept on file. 19.15 Permits for commercial vessels
(e) In any case of extreme urgency, handling explosives at military in-
the application for a waiver order may stallations.
be made orally and if the Coast Guard Pursuant to the request of the Sec-
District Commander (or his designated retary of Defense in a letter dated Oc-
representative, or the designated rep- tober 19, 1955, made under the provi-
resentative of the Commandant, or the sions of section 1 of the act of Decem-
Commandant, as the case may be), de- ber 27, 1950 (64 Stat. 1120; 46 U.S.C.,
termines that the conditions in this note prec. 1), I hereby waive in the in-
section have been met, the waiver terest of national defense compliance
order shall be made effective without with the provisions of R.S. 4472, as
further delay, subject to the condition amended (46 U.S.C. 170), and the regula-
that the application be reduced to writ- tions promulgated thereunder in part
ing and delivered within such period 146 of this chapter to the extent that
after the date of the oral request as the no quantitative restrictions, based on
Coast Guard officer making the waiver considerations of isolation and remote-
effective shall specify in the con- ness, shall be required by the Coast
firming written waiver order. Guard for commercial vessels loading
70
or unloading explosives at the Depart- 20.502 Settlements.

ment of Defense waterfront installa-
tions. This waiver shall not relieve a Subpart FDiscovery
commercial vessel loading or unloading 20.601 General.
explosives at the Department of De- 20.602 Amendatory or supplementary re-
fense waterfront installations from the sponses.
requirement of securing a permit from 20.603 Interrogatories.
the Coast Guard for such operations 20.604 Requests for production of documents
or things, for inspection or other pur-
with respect to quantitative or other
poses.
restrictions imposed by the Coast 20.605 Depositions.
Guard on the basis of each vessels abil- 20.606 Protective orders.
ity to meet prescribed stowage and 20.607 Sanctions for failure to comply.
handling requirements. 20.608 Subpoenas.
20.609 Motions to quash or modify.
[CGFR 5549, 20 FR 8638, Nov. 23, 1955]
Subpart GHearings
PART 20RULES OF PRACTICE, 20.701 Standard of proof.
PROCEDURE, AND EVIDENCE 20.702 Burden of proof.
FOR FORMAL ADMINISTRATIVE 20.703 Presumptions.
PROCEEDINGS OF THE COAST 20.704 Scheduling and notice of hearings.
20.705 Failure to appear.
GUARD 20.706 Witnesses.
20.707 Telephonic testimony.
Subpart AGeneral 20.708 Witnesses fees.
20.709 Closing of the record.
Sec. 20.710 Proposed findings, closing arguments,
20.101 Scope. and briefs.
20.102 Definitions.
20.103 Construction and waiver of rules. Subpart HEvidence
Subpart BAdministrative Law Judges 20.801 General.
20.802 Admissibility of evidence.
20.201 Assignment. 20.803 Hearsay evidence.
20.202 Powers. 20.804 Objections and offers of proof.
20.203 Unavailability. 20.805 Proprietary information.
20.204 Withdrawal or disqualification. 20.806 Official notice.
20.205 Ex parte communications. 20.807 Exhibits and documents.
20.206 Separation of functions. 20.808 Written testimony.
20.809 Stipulations.
Subpart CPleadings and Motions
Subpart IDecisions
20.301 Representation.
20.302 Filing of documents and other mate- 20.901 Summary decisions.
rials. 20.902 Decisions of the ALJ.
20.303 Form and content of filed documents. 20.903 Records of proceedings.
20.304 Service of documents. 20.904 Reopening.
20.305 Amendment or supplementation of
filed documents. Subpart JAppeals
20.306 Computation of time.
20.307 Complaints. 20.1001 General.
20.308 Answers. 20.1002 Records on appeal.
20.309 Motions. 20.1003 Procedures for appeal.
20.310 Default by respondent. 20.1004 Decisions on appeal.
20.311 Withdrawal or dismissal.
Subpart KFinality, Petitions for Hearing,
Subpart DProceedings and Availability of Orders
20.401 Initiation of administrative pro- 20.1101 Finality.
ceedings. 20.1102 Petitions to set aside decisions and
20.402 Public notice. provide hearings for civil penalty pro-
20.403 Consolidation and severance. ceedings.
20.404 Interested persons. 20.1103 Availability of decisions.
Subpart EConferences and Settlements Subpart LExpedited Hearings

20.501 Conferences. 20.1201 Application.
71
20.101 33 CFR Ch. I (7110 Edition)
20.1202 Filing of pleadings. of the Administrative Procedure Act
20.1203 Commencement of expedited hear- (APA) (5 U.S.C. 556(b)(3)) to conduct
ings. hearings arising under 33 U.S.C. 1321(b);
20.1205 Motion for return of temporarily
suspended merchant mariner credential,
42 U.S.C. 9609(b); or 46 U.S.C. Chapter
license, certificate of registry, or docu- 77.
ment. Chief Administrative Law Judge or
20.1206 Discontinuance of expedited hear- Chief ALJ means the Administrative
ings. Law Judge appointed as the Chief Ad-
20.1207 Pre-hearing conferences. ministrative Law Judge of the Coast
20.1208 Expedited hearings. Guard by the Commandant.
20.1209 Appeals of ALJs decisions.
Class II Civil penalty proceeding means
Subpart MSupplementary Evidentiary a trial-type proceeding for the assess-
Rules for Suspension and Revocation ment of a civil penalty that affords an
Hearings opportunity for an oral, fact-finding
hearing before an ALJ.
20.1301 Purpose. Coast Guard Representative means an
20.1303 Authentication and certification of
official of the Coast Guard designated
extracts from shipping articles,
logbooks, and the like. to prosecute an administrative pro-
20.1305 Admissibility and weight of entries ceeding.
from logbooks. Commandant means the Commandant
20.1307 Use of judgments of conviction. of the Coast Guard. It includes the
20.1309 Admissibility of respondents crimi- Vice-Commandant of the Coast Guard
nal records and records with the Coast acting on behalf of the Commandant in
Guard before entry of findings and con-
any matter.
clusions.
20.1311 Admissions by respondent. Complaint means a document issued
20.1313 Medical examination of respondents. by a Coast Guard representative alleg-
20.1315 Submission of prior records and evi- ing a violation for which a penalty may
dence in aggravation or mitigation. be administratively assessed under 33
AUTHORITY: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 1321(b) or 42 U.S.C. 9609(b), or a
U.S.C. 7701, 7702; Department of Homeland merchant mariner credential, mari-
Security Delegation No. 0170.1, para. 2(73). ners license, certificate of registry, or
SOURCE: CGD 983472, 64 FR 28062, May 24, document suspended or revoked under
1999, unless otherwise noted. 46 U.S.C. 7703 or 7704.
Credential means any or all of the fol-
Subpart AGeneral lowing:
(1) Merchant mariners document.
20.101 Scope. (2) Merchant mariners license.
Except as otherwise noted, the rules (3) STCW endorsement.
of practice, procedure, and evidence in (4) Certificate of registry.
this part apply to the following sub- (5) Merchant mariner credential.
jects of administrative proceedings be- Hearing Docket Clerk means an em-
fore the United States Coast Guard: ployee of the Office of the Chief ALJ
(a) Class II civil penalties assessed who is responsible for receiving docu-
under subsection 311(b) of the Federal ments, determining their completeness
Water Pollution Control Act (33 U.S.C. and legibility, and distributing them to
1321(b)(6)). ALJs and others, as required by this
(b) Class II civil penalties assessed part.
under section 109 of the Comprehensive Interested person means a person who,
Environmental Response, Compensa- as allowed in 20.404, files written com-
tion, and Liability Act (42 U.S.C. ments on a proposed assessment of a
9609(b)). class II civil penalty or files written
(c) Suspensions and revocations con- notice of intent to present evidence in
ducted under 46 U.S.C. Chapter 77. any such hearing held on the proposed
assessment.
20.102 Definitions. Mail means first-class, certified, or
Administrative Law Judge or ALJ registered matter sent by the Postal

means any person designated by the Service, or matter sent by an express-
Commandant under paragraph 556(b)(3) courier service.
72
Merchant mariner credential or MMC (c) Absent a specific provision in this

means the credential issued by the part, the Federal Rules of Civil Proce-
Coast Guard under 46 CFR part 10. It dure control.
combines the individual merchant
mariners document, license, and cer- Subpart BAdministrative Law
tificate of registry enumerated in 46 Judges
U.S.C. subtitle II part E as well as the
STCW endorsement into a single cre- 20.201 Assignment.
dential that serves as the mariners An ALJ, assigned by the Chief ALJ
qualification document, certificate of after receipt of the complaint, shall
identification, and certificate of serv- preside over each administrative pro-
ice. ceeding under this part.
Motion means a request for an order
or ruling from an ALJ. 20.202 Powers.
Party means a respondent or the The ALJ shall have all powers nec-
Coast Guard. essary to the conduct of fair, fast, and
Person means an individual, a part- impartial hearings, including the pow-
nership, a corporation, an association, ers to
a public or private organization, or a (a) Administer oaths and affirma-
governmental agency. tions;
Personal delivery means delivery by (b) Issue subpoenas authorized by
hand or in person, or through use of a law;
contract service or an express-courier (c) Rule on motions;
service. It does not include use of gov- (d) Order discovery as provided for in
ernmental interoffice mail. this part;
Pleading means a complaint, an an- (e) Hold hearings or settlement con-
swer, and any amendment to such doc- ferences;
ument permitted under this part. (f) Regulate the course of hearings;
Respondent means a person charged (g) Call and question witnesses;
with a violation in a complaint issued (h) Issue decisions;
under this part. (i) Exclude any person from a hearing
Suspension and revocation proceeding or conference for disrespect, or dis-
or S&R proceeding means a trial-type orderly or rebellious conduct; and
(j) Institute policy authorized by the
proceeding for the suspension or rev-
Chief ALJ.
ocation of a merchant mariners cre-
dential, license, certificate of registry, 20.203 Unavailability.
or document issued by the Coast Guard
that affords an opportunity for an oral, (a) If an ALJ cannot perform the du-
fact-finding hearing before an ALJ. ties described in 20.202 or otherwise
becomes unavailable, the Chief ALJ
[CGD 983472, 64 FR 28062, May 24, 1999, as shall designate a successor.
amended at, USCG200624371, 74 FR 11211, (b) If a hearing has commenced and
Mar. 16, 2009] the assigned ALJ cannot proceed with
it, a successor ALJ may. The successor
20.103 Construction and waiver of ALJ may, at the request of a party, re-
rules.
call any witness whose testimony is
(a) Each person with a duty to con- material and disputed, and who is
strue the rules in this part in an ad- available to testify again without
ministrative proceeding shall construe undue burden. The successor ALJ may,
them so as to secure a just, speedy, and within his or her discretion, recall any
inexpensive determination. other witness.
(b) Except to the extent that a waiv-
er would be contrary to law, the Com- 20.204 Withdrawal or disqualifica-
mandant, the Chief ALJ, or a presiding tion.
ALJ may, after notice, waive any of (a) An ALJ may disqualify herself or
the rules in this part either to prevent himself at any time.
undue hardship or manifest injustice or (b) Until the filing of the ALJs deci-
to secure a just, speedy, and inexpen- sion, either party may move that the
sive determination. ALJ disqualify herself or himself for
73
20.205 33 CFR Ch. I (7110 Edition)
personal bias or other valid cause. The (b) Any attorney, or any other duly
party shall file with the ALJ, promptly authorized representative, shall file a
upon discovery of the facts or other notice of appearance. The notice must
reasons allegedly constituting cause, indicate
an affidavit setting forth in detail the (1) The name of the case, including
reasons. docket number if assigned;
(1) The ALJ shall rule upon the mo- (2) The person on whose behalf the
tion, stating the grounds for the rul- appearance is made; and
ing. If the ALJ concludes that the mo- (3) The persons and the representa-
tion is timely and meritorious, she or tives mailing addresses and telephone
he shall disqualify herself or himself numbers.
and withdraw from the proceeding. If (c) Any attorney or other duly au-
the ALJ does not disqualify herself or thorized representative shall also file a
himself and withdraw from the pro- notice, including the items listed in
ceeding, the ALJ shall carry on with paragraph (a) of this section, for any
the proceeding, or, if a hearing has con- withdrawal of appearance.
cluded, issue a decision. (d) Any attorney shall be a member
(2) If an ALJ denies a motion to dis- in good standing of the bar of the high-
qualify herself or himself, the moving est court of a State, the District of Co-
party may, according to the procedures lumbia, or any territory or common-
in subpart J of this part, appeal to the wealth of the United States. A personal
Commandant once the hearing has con- representation of membership is suffi-
cluded. When that party does appeal, cient proof, unless the ALJ orders
the ALJ shall forward the motion, the more evidence.
affidavit, and supporting evidence to (e) Any person who would act as a
the Commandant along with the rul- duly authorized representative and who
ing. is not an attorney shall file a state-
ment setting forth the basis of his or
20.205 Ex parte communications.
her authority to so act. The ALJ may
Ex parte communications are gov- deny appearance as representative to
erned by subsection 557(d) of the Ad- any person who, the ALJ finds, lacks
ministrative Procedure Act (5 U.S.C. the requisite character, integrity, or
557(d)). proper personal conduct.
20.206 Separation of functions. 20.302 Filing of documents and other
(a) No ALJ may be responsible to, or materials.
supervised or directed by, an officer, (a) The proper address at which to
employee, or agent who investigates file all documents and other materials
for or represents the Coast Guard. relating to an administrative pro-
(b) No officer, employee, or agent of ceeding is: U.S. Coast Guard Adminis-
the Coast Guard who investigates for trative Law Judge Docketing Center;
or represents the Coast Guard in con- Attention: Hearing Docket Clerk;
nection with any administrative pro- Room 412; 40 S. Gay Street; Baltimore,
ceeding may, in that proceeding or one MD 212014022.
factually related, participate or advise (b) The telephone number is: 410962
in the decision of the ALJ or of the 5100.
Commandant in an appeal, except as a (c) The fax number is: 4109621746.
witness or counsel in the proceeding or (d) The appropriate party shall file
the appeal. with the Hearing Docket Clerk an exe-
cuted original of each document (in-
Subpart CPleadings and cluding any exhibit and supporting af-
Motions fidavit).
(e) A party may file by mail or per-
20.301 Representation. sonal delivery. The ALJ or the Hearing
(a) A party may appear Docket Clerk may permit other meth-
(1) Without counsel; ods, such as fax or other electronic
(2) With an attorney; or means.

(3) With other duly authorized rep- (f) When the Hearing Docket Clerk
resentative. determines that a document, or other
74
material, offered for filing does not his knowledge, information, and belief,
comply with requirements of this part, the statements made in it are true; and
the Clerk will accept it, and may ad- that she or he does not intend it to
vise the person offering it of the defect, cause delay.
and require that person to correct the (d) Complaints, answers, and simple
defect. If the defect is failure to serve motions may employ forms approved
copies on other parties, the parties re- for use in proceedings of the Coast
sponse period begins when properly Guard instead of the format set out in
served. this section.
20.303 Form and content of filed doc- 20.304 Service of documents.
uments.
(a) The ALJ shall serve upon each
(a) Each filed document must clear-
party to the proceeding a copy of each
ly
document issued by the ALJ in it. The
(1) State the title of the case;
ALJ shall serve upon each interested
(2) State the docket number of the
person, as determined under 20.404, a
case, if one has been assigned;
copy of the notice of hearing. Unless
(3) Designate the type of filing (for
this part provides otherwise, the ALJ
instance: petition, notice, or motion to
shall upon request furnish to each such
dismiss);
interested person a copy of each docu-
(4) Identify the filing party by name
and capacity acted in; and ment filed with the Hearing Docket
(5) State the address, telephone num- Clerk or issued by the ALJ.
ber, and any fax number of the filing (b) Unless the ALJ orders otherwise,
party and, if that party is represented, each person filing a document with the
the name, address, telephone number, Hearing Docket Clerk shall serve upon
and any fax number of the representa- each party a copy of it.
tive. (c) If a party filing a document must
(b) Each filed document must serve a copy of it upon each party, each
(1) Measure 812 by 11 inches, except copy must bear a certificate of service,
that a table, chart, or other attach- signed by or on behalf of the filing
ment may be larger if folded to the size party, stating that she or he has so
of the filed document to which it is served it. The certificate shall be in
physically attached; substantially the following form:
(2) Be printed on just one side of the I hereby certify that I have served the fore-
page and be clearly typewritten, print- going document[s] upon the following parties
ed, or otherwise reproduced by a proc- (or their designated representatives) to this
ess that yields legible and permanent proceeding at the addresses indicated by
copies; [specify the method]:
(3) Be double-spaced except for foot- (1) [name, address of party]
notes and long quotations, which may (2) [name, address of party]
be single-spaced; Done at llllllllll, this llll
(4) Have a left margin of at least 112 day of llllll, 19ll or 20ll.
inches and other margins of at least 1 [Signature]
inch; and For
(5) Be bound on the left side, if
[Capacity].
bound.
(c) Each filed document must be in (d) This table describes how to serve
English or, if in another language, ac- filed documents.
companied by a certified translation.
The original of each filed document TABLE 20.304(d)HOW TO SERVE FILED
must be signed by the filing party or DOCUMENTS
her or his representative. Unless the
Type of filed
rules in this part or the ALJ requires it document Acceptable methods of service
to be verified or accompanied by an af-
fidavit, no filed document need be. The (1) Complaint ......... (i) Certified mail, return receipt re-
quested.
signature constitutes a certification by (ii) Personal delivery.

the signer that she or he has read the (iii) Express-courier service that has re-
document; that, to the best of her or ceipt capability.
75
20.305 33 CFR Ch. I (7110 Edition)
TABLE 20.304(d)HOW TO SERVE FILED TABLE 20.304(g)WHEN SERVICE IS

DOCUMENTSContinued COMPLETEContinued
Type of filed If method of service Then service is complete when the
Acceptable methods of service
document used is document is
(2) Default Motion .. (i) Certified mail, return receipt re- (2) Personal deliv- (i) Handed to the person to be served.
quested. ery (all other filed (ii) Delivered to the persons office dur-
(ii) Personal delivery. documents). ing business hours.
(iii) Express-courier service that has re- (iii) Delivered to the persons residence
ceipt capability. and deposited in a conspicuous
(3) Answer .............. (i) Mail. place.
(ii) Personal delivery. (3) Certified Mail or (i) Delivered to the persons residence
(iii) Express-courier service. express-courier and signed for by a person of suit-
(iv) Fax. (Complaint or De- able age and discretion residing at
(4) Any other filed (i) Mail. fault Motion). the individuals residence.
document. (ii) Personal delivery. (ii) Delivered to the persons office dur-
(iii) Express-courier service. ing business hours and signed for by
(iv) Fax. a person of suitable age and discre-
(v) Other electronic means (at the dis- tion.
cretion of the ALJ). (4) Mail or express- (i) Mailed (postmarked).
courier service (ii) Deposited with express-courier
(all other filed service.
(e)(1) Unless the ALJ orders other- documents).
wise, if a party files a document under (5) Fax or other Transmitted.
20.302, the party must serve a copy to electronic means.
the person indicated in this table.
(h) If a person refuses to accept deliv-
TABLE 20.304(e)WHO RECEIVES COPIES OF ery of any document or fails to claim a
FILED DOCUMENTS properly addressed document other
If a party Then the serving party must serve than a complaint sent under this sub-
part, the Coast Guard considers the
Is represented ........ The counsel or other representative. document served anyway. Service is
Is not represented .. The party.
valid at the date and the time of mail-
ing, of deposit with a contract service
(2) Service upon counsel or represent-
ative constitutes service upon the per- or express-courier service, or of refusal
son to be served. to accept delivery.
(f) The serving party must send serv- [CGD 983472, 64 FR 28062, May 24, 1999; 64 FR
ice copies to the address indicated in 34540, June 28, 1999, as amended by USCG
this table. 20007223, 65 FR 40054, June 29, 2000]
TABLE 20.304(f)WHERE TO SEND SERVICE 20.305 Amendment or supplemen-

COPIES tation of filed documents.
Then the serving party must send the (a) Each party or interested person
If the party copies to shall amend or supplement a pre-
Is represented ........ The address of the counsel or rep-
viously filed pleading or other docu-
resentative. ment if she or he learns of a material
Is not represented .. The last known address of the resi- change that may affect the outcome of
dence or principal place of business the administrative proceeding. How-
of the person to be served.
ever, no amendment or supplement
(g) This table describes when service may broaden the issues without an op-
of a filed document is complete. portunity for any other party or inter-
ested person both to reply to it and to
TABLE 20.304(g)WHEN SERVICE IS COMPLETE prepare for the broadened issues.
(b) The ALJ may allow other amend-
If method of service Then service is complete when the
used is document is ments or supplements to previously
filed pleadings or other documents.
(1) Personal deliv- (i) Handed to the person to be served.
ery (Complaint or (ii) Delivered to the persons office dur-
(c) Each party or interested person
Default Motion). ing business hours. shall notify the Hearing Docket Clerk,
(iii) Delivered to the persons residence the ALJ, and every other party or in-
and service made to a person of

suitable age and discretion residing
terested person, or her or his represent-
at the individuals residence. ative, of any change of address.
76
20.306 Computation of time. 20.308 Answers.

(a) We compute time periods as fol- (a) The respondent shall file a writ-
lows: ten answer to the complaint 20 days or
(1) We do not include the first day of less after service of the complaint. The
the period. answer must conform to the require-
(2) If the last day of the period is a ments of this subpart for filing and
Saturday, Sunday, or Federal holiday, service.
we extend the period to the next busi- (b) The person filing the answer
ness day. shall, in the answer, either agree to the
(3) If the period is 7 days or less, we place of hearing proposed in the com-
do not include Saturdays, Sundays, or plaint or propose an alternative.
Federal holidays. (c) Each answer must state whether
(b) If you were served a document (by the respondent intends to contest any
domestic mail) that requires or per- of the allegations set forth in the com-
mits a response, you may add 3 days to plaint. It must include any affirmative
any period for response. defenses that the respondent intends to
(c) If you need additional time to file assert at the hearing. The answer must
a response, follow the rules in these ta- admit or deny each numbered para-
bles. graph of the complaint. If it states that
(1) You may request an extension the respondent lacks sufficient knowl-
edge or information to admit or deny a
TABLE 20.306(c)(1)HOW TO REQUEST AN particular numbered paragraph, it de-
EXTENSION nies that paragraph. If it does not spe-
If the response pe-
cifically deny a particular numbered
By paragraph, it admits that paragraph.
riod
(d) A respondents failure without
Has not expired ...... Telephone, letter, or motion.
Has expired ............ Only by motion describing why the fail- good cause to file an answer admits
ure to file was excusable. each allegation made in the complaint.
(2) You file your request as follows: 20.309 Motions.

(a) A person may apply for an order
TABLE 20.306(c)(2)WHERE TO FILE AN
or ruling not specifically provided for
EXTENSION REQUEST
in this subpart, but shall apply for it
Then you file your by motion. Each written motion must
If request with the comply with the requirements of this
An ALJ has not been assigned ............. Hearing Docket subpart for form, filing, and service.
Clerk. Each motion must state clearly and
An ALJ has been assigned ................... ALJ. concisely
Your case is on appeal .......................... Hearing Docket
Clerk.
(1) Its purpose, and the relief sought;
(2) Any statutory or regulatory au-
thority; and
20.307 Complaints.
(3) The facts constituting the
(a) The complaint must set forth grounds for the relief sought.
(1) The type of case; (b) A proposed order may accompany
(2) The statute or rule allegedly vio- a motion.
lated; (c) Each motion must be in writing;
(3) The pertinent facts alleged; and except that one made at a hearing will
(4)(i) The amount of the class II civil be sufficient if stated orally upon the
penalty sought; or record, unless the ALJ directs that it
(ii) The order of suspension or rev- be reduced to writing.
ocation proposed. (d) Except as otherwise required by
(b) The Coast Guard shall propose a this part, a party shall file any re-
place of hearing when filing the com- sponse to a written motion 10 days or
plaint. less after service of the motion. When a
(c) The complaint must conform to
party makes a motion at a hearing, an

the requirements of this subpart for fil- oral response to the motion made at
ing and service. the hearing is timely.
77
20.310 33 CFR Ch. I (7110 Edition)
(e) Unless the ALJ orders otherwise, ing a class II civil penalty, together
the filing of a motion does not stay a with
proceeding. (ii) A certification by the representa-
(f) The ALJ will rule on the record ei- tive that the filing of the notice is due
ther orally or in writing. She or he to a request by the Attorney General
may summarily deny any dilatory, re- in accordance with subsection 10(d) of
petitive, or frivolous motion. Executive Order 12777 (56 FR 54757; 3
CFR, 1991 Comp., p. 351)that the
20.310 Default by respondent. Coast Guard refrain from conducting
(a) The ALJ may find a respondent in an administrative proceeding.
(b) Unless the stipulation or notice of
default upon failure to file a timely an-
withdrawal states otherwise, a with-
swer to the complaint or, after motion,
drawal under paragraph (a) of this sec-
upon failure to appear at a conference
tion is without prejudice.
or hearing without good cause shown.
(c) Except as provided in paragraph
(b) Each motion for default must con- (a) of this section, no administrative
form to the rules of form, service, and proceeding may end in withdrawal un-
filing of this subpart. Each motion less approved by an ALJ upon such
must include a proposed decision and terms as she or he deems proper.
proof of service under section 20.304(d). (d) Any respondent may move to dis-
The respondent alleged to be in default miss a complaint, the government may
shall file a reply to the motion 20 days move to dismiss a petition, or any
or less after service of the motion. party may lodge a request for relief, for
(c) Default by respondent con- failure of another party to
stitutes, for purposes of the pending ac- (1) Comply with the requirements of
tion only, an admission of all facts al- this part or with any order of the ALJ;
leged in the complaint and a waiver of (2) Show a right to relief based upon
her or his right to a hearing on those the facts or law; or
facts. (3) Prosecute the proceeding.
(d) Upon finding a respondent in de- (e) A dismissal resides within the dis-
fault, the ALJ shall issue a decision cretion of the ALJ.
against her or him.
(e) For good cause shown, the ALJ Subpart DProceedings
may set aside a finding of default.
20.401 Initiation of administrative
20.311 Withdrawal or dismissal. proceedings.
(a) An administrative proceeding An administrative proceeding com-
may end in withdrawal without any act mences when the Coast Guard rep-
by an ALJ in any of the following resentative files the complaint with
ways: the Hearing Docket Clerk and serves a
(1) By the filing of a stipulation by copy of it on the respondent.
all parties who have appeared in the
proceeding. 20.402 Public notice.
(2) By the filing of a notice of with- Upon the filing of a complaint under
drawal by the Coast Guard representa- 33 U.S.C. 1321(b) (6), the Coast Guard
tive at any time before the respondent provides public notice of a class II civil
has served a responsive pleading. penalty proceeding. The notice appears
(3) With respect to a complaint filed in the FEDERAL REGISTER.
under section 311(b)(6) of the Federal
Water Pollution Control Act (33 U.S.C. 20.403 Consolidation and severance.
1321(b)(6)) or section 109(d) of the Com- (a) A presiding ALJ may for good
prehensive Environmental Response, cause, with the approval of the Chief
Compensation and Liability Act (42 ALJ and with all parties given notice
U.S.C. 9609(b)), by the filing of and opportunity to object, consolidate
(i) A notice of withdrawal by the any matters at issue in two or more ad-
Coast Guard representative at any ministrative proceedings docketed
time after the respondent has served a under this part. (Good cause includes
responsive pleading, but before the the proceedings possessing common
issuance of an order assessing or deny- parties, questions of fact, and issues of
78
law and presenting the likelihood that (c) The ALJ may invite interested
consolidation would expedite the pro- persons to attend a conference, other
ceedings and serve the interests of jus- than a settlement conference, as the
tice.) The ALJ may not consolidate ALJ deems appropriate.
any matters if consolidation would (d) The ALJ shall give reasonable no-
prejudice any rights available under tice of the time and place of any con-
this part or impair the right of any ference to the parties, and to inter-
party to place any matters at issue. ested persons if invited. A conference
(b) Unless directed otherwise by the may occur in person, by telephone, or
Chief ALJ, a presiding ALJ may, either by other appropriate means.
in response to a motion or on his or her (e) Each party, and any interested
own motion, for good cause, sever any person invited, shall be fully prepared
administrative proceeding with respect for a useful discussion of all issues
to some or all parties, claims, and properly before the conference, both
issues. procedural and substantive, and be au-
thorized to commit themselves or
20.404 Interested persons. those they represent respecting those
(a) Any person not a party to a class issues.
II civil penalty proceeding under 33 (f) Unless the ALJ excuses a party,
U.S.C. 1321(b)(6) who wishes to be an in- the failure of a party to attend or par-
terested person in the proceeding shall, ticipate in a conference, after being
30 days or less after publication in the served with reasonable notice of its
FEDERAL REGISTER of the public notice time and place, waives all objections to
required by 20.402, file with the Hear- any agreements reached in it and to
ing Docket Clerk either any consequent orders or rulings.
(1) Written comments on the pro- (g) The ALJ may direct that any of
ceeding; or the following be addressed or furnished
(2) Written notice of intent to before, during, or after the conference:
present evidence at any hearing in the (1) Methods of service and filing.
proceeding. (2) Motions for consolidation or sev-
(b) The presiding ALJ may, for good erance of parties or issues.
cause, accept late comments or late (3) Motions for discovery.
notice of intent to present evidence. (4) Identification, simplification, and
(c) Each interested person shall re- clarification of the issues.
ceive notice of any hearing due in the (5) Requests for amendment of the
proceeding and of the decision in the pleadings.
proceeding. He or she may have a rea- (6) Stipulations and admissions of
sonable opportunity to be heard and to fact and of the content and authen-
present evidence in any hearing. ticity of documents.
(d) The opportunity secured by para- (7) The desirability of limiting and
graph (c) of this section does not ex- grouping witnesses, so as to avoid du-
tend to plication.
(1) The issuance of subpoenas for wit- (8) Requests for official notice and
nesses; particular matters to be resolved by re-
(2) The cross-examination of wit- liance upon the substantive standards,
nesses; or rules, and other policies of the Coast
(3) Appearance at any settlement Guard.
conference. (9) Offers of settlement.
(10) Proposed date, time, and place of
Subpart EConferences and the hearing.
Settlements (11) Other matters that may aid in
the disposition of the proceeding.
20.501 Conferences. (h) No one may stenographically re-
(a) Any party may by motion request port or otherwise record a conference
a conference. unless the ALJ allows.
(b) The ALJ may direct the parties to (i) During a conference, the ALJ may
attend one or more conferences before dispose of any procedural matters on
or during a hearing. which he or she is authorized to rule.
79
20.502 33 CFR Ch. I (7110 Edition)
(j) Actions taken at a conference may rect that the parties exchange witness
be memorialized in lists and exhibits either at once or by
(1) A stenographic report if author- correspondence.
ized by the ALJ; (c) The ALJ may establish a schedule
(2) A written transcript from a mag- for discovery and shall serve a copy of
netic tape or the equivalent if author- any such schedule on each party.
ized by the ALJ; or (1) The schedule may include dates
(3) A statement by the ALJ on the by which the parties shall both ex-
record at the hearing summarizing change witness lists and exhibits and
them. file any requests for discovery and ob-
jections to such requests.
20.502 Settlements. (2) Unless the ALJ orders otherwise,
(a) The parties may submit a pro- the parties shall exchange witness lists
posed settlement to the ALJ. and exhibits 15 days or more before
(b) The proposed settlement must be hearing.
in the form of a proposed decision, ac- (d) Further discovery may occur only
companied by a motion for its entry. by order, and then only when the ALJ
The decision must recite the reasons determines that
that make it acceptable, and it must be (1) It will not unreasonably delay the
signed by the parties or their rep- proceeding;
resentatives. (2) The information sought is not
(c) The proposed decision must con- otherwise obtainable;
tain (3) The information sought has sig-
(1) An admission of all jurisdictional nificant probative value;
facts; (4) The information sought is neither
(2) An express waiver of cumulative nor repetitious; and
(i) Any further procedural steps be- (5) The method or scope of the dis-
fore the ALJ; and covery is not unduly burdensome and is
(ii) All rights to seek judicial review, the least burdensome method avail-
or otherwise challenge or contest the able.
validity, of the decision; (e) A motion for discovery must set
(3) A statement that the decision will forth
have the same force and effect as would (1) The circumstances warranting the
a decision made after a hearing; and discovery;
(4) A statement that the decision re- (2) The nature of the information
solves all matters needing to be adju- sought; and
dicated. (3) The proposed method and scope of
discovery and the time and place where
Subpart FDiscovery the discovery would occur.
(f) If the ALJ determines that he or
20.601 General. she should grant the motion, he or she
(a) Unless the ALJ orders otherwise, shall issue an order for the discovery,
each partyand each interested person together with the terms on which it
who has filed written notice of intent will occur.
to present evidence at any hearing in
the proceeding under 20.404shall 20.602 Amendatory or supplementary
make available to the ALJ and to responses.
every other party and interested per- (a) Any party or interested person
son shall amend or supplement information
(1) The name of each expert and other previously provided upon learning that
witness the party intends to call, to- the information
gether with a brief narrative summary (1) Was incorrect or incomplete when
of the expected testimony; and provided; or,
(2) A copy, marked as an exhibit, of (2) Though correct or complete when
each document the party intends to in- provided, no longer is.
troduce into evidence or use in the (b) The party or interested person
presentation of its case. shall amend or supplement that infor-

(b) During a pre-hearing conference mation by following the procedures in
ordered under 20.501, the ALJ may di- 20.305.
80
20.603 Interrogatories. other purposes shall so move to the

(a) Any party requesting interrog- ALJ. The motion must state with par-
atories shall so move to the ALJ. The ticularity
motion must include (1) The purpose and scope of the re-
(1) A statement of the purpose and quest; and
scope of the interrogatories; and (2) The documents and materials
(2) The proposed interrogatories. sought.
(b) The ALJ shall review the pro- (b) The ALJ shall review the motion
posed interrogatories, and may enter and enter an order approving or deny-
an order either ing it in whole or in part.
(1) Approving the service of some or (c) A party shall serve on the party
all of the proposed interrogatories; or in possession, custody, or control of
(2) Denying the motion. the documents the order to produce or
(c) The party requesting interrog- to permit inspection and copying of
atories shall serve on the party named documents.
in the interrogatories the approved (d) A party may, after approval of an
written interrogatories. appropriate motion by the ALJ, in-
(d) Each interrogatory must be an- spect and copy, test, or sample any
swered separately and fully in writing
tangible things that contain, or may
under oath or affirmation, unless it is
lead to, relevant information, and that
objected to, in which event the party
are in the possession, custody, or con-
named shall state the reasons for the
trol of the party upon whom the re-
objection instead of a response. This
quest is served.
party, the partys attorney, or the par-
tys representative shall sign the par- (e) A party may, after approval of an
tys responses to interrogatories. appropriate motion by the ALJ, serve
(e) Responses or objections must be on another party a request to permit
filed within 30 days after the service of entry upon designated property in the
the interrogatories. possession or control of the other party
(f) A response to an interrogatory is for the purpose of inspecting, meas-
sufficient when uring, surveying, photographing, test-
(1) The responder lists the records ing, or sampling the property or any
from which such answers may be de- designated object or area. A request to
rived or ascertained; and permit entry upon property must set
(2) The burden of ascertaining the in- forth with reasonable particularity the
formation in a response to an interrog- feature to be inspected and must speci-
atory is substantially the same for all fy a reasonable time, place, and man-
parties involved in the action; and ner for making the inspection and per-
(3) The information may be obtained forming the related acts.
from an examination, audit, or inspec- (f) The party upon whom the request
tion of records, or from a compilation, is served shall respond within 30 days
abstract, or summary based on such after the service of the request. Inspec-
records. tion and related activities will be per-
(g) The party serving the interrog- mitted as requested, unless there are
atory shall be afforded reasonable op- objections, in which case the reason for
portunity to examine, audit, or inspect each objection must be stated.
the resource and to make copies, com-
pilations, abstracts, or summaries. The 20.605 Depositions.
specification must include sufficient
detail to permit the interrogating (a) The ALJ may order a deposition
party to locate and identify the indi- only upon a showing of good cause and
vidual records from which the answer upon a finding that
may be ascertained. (1) The information sought is not ob-
tainable more readily by alternative
20.604 Requests for production of methods; or
documents or things, for inspection (2) There is a substantial reason to
or other purposes.
believe that relevant and probative evi-

(a) Any party seeking production of dence may otherwise not be preserved
documents or things for inspection or for presentation at the hearing.
81
20.605 33 CFR Ch. I (7110 Edition)
(b) Testimony may be taken by depo- certified by the person before whom
sition upon approval of the ALJ of a the deposition was taken.
motion made by any party. (h) Subject to objections to the ques-
(1) The motion must state tions and responses that were noted at
(i) The purpose and scope of the depo- the taking of the deposition and that
sition; would have been sustained if the wit-
(ii) The time and place it is to be ness had been personally present and
taken; testifying at a hearing, a deposition
(iii) The name and address of the per- may be offered into evidence by the
son before whom the deposition is to be party taking it against any party who
taken; was present or represented at the tak-
(iv) The name and address of each ing of the deposition or who had notice
witness from whom a deposition is to of the deposition.
be taken; (i) The party requesting the deposi-
(v) The documents and materials tion shall make appropriate arrange-
which the witness is to produce; and ments for necessary facilities and per-
(vi) Whether it is intended that the sonnel.
deposition be used at a hearing instead (j) During the taking of a deposition,
of live testimony. a party or the witness may request sus-
(2) The motion must state if the dep- pension of the deposition on the
osition is to be by oral examination, by grounds of bad faith in the conduct of
written interrogatories, or a combina- the examination, oppression of the wit-
tion of the two. The deposition may be ness or party, or improper questioning
taken before any disinterested person or conduct. Upon request for suspen-
authorized to administer oaths in the sion, the deposition will be adjourned.
place where the deposition is to be The objecting party or witness must
taken. immediately move the ALJ for a ruling
(c) Upon a showing of good cause the on the objection(s). The ALJ may then
ALJ may enter, and serve upon the limit the scope or manner of the taking
parties, an order to obtain the testi- of the deposition.
mony of the witness. (k) When a deposition is taken in a
(d) If the deposition of a public or pri- foreign country, it may be taken before
vate corporation, partnership, associa- a person having power to administer
tion, or governmental agency is or- oaths in that location, or before a sec-
dered, the organization named must retary of an embassy or legation, con-
designate one or more officers, direc- sul general, consul, vice consul or con-
tors, or agents to testify on its behalf, sular agent of the United States, or be-
and may set forth, for each person des- fore such other person or officer as
ignated, the matters on which he or may be agreed upon by the parties by
she will testify. Subject to the provi- written stipulation filed with the ALJ.
sions of 49 CFR part 9 with respect to (l) Objection to taking a deposition
Coast Guard witnesses, the designated because of the disqualification of the
persons shall testify as to matters rea- officer before whom it is to be taken is
sonably known to them. waived unless made before the taking
(e) Each witness deposed shall be of the deposition begins, or as soon as
placed under oath or affirmation, and the disqualification becomes known or
the other parties shall have the right could have been discovered with rea-
to cross-examine. sonable diligence.
(f) The witness being deposed may (m) A deposition may be taken by
have counsel or another representative telephone conference call upon such
present during the deposition. terms, conditions, and arrangements as
(g) Except as provided in paragraph are prescribed in the order of the ALJ.
(n) of this section, depositions shall be (n) The testimony at a deposition
stenographically recorded and tran- hearing may be recorded on videotape,
scribed at the expense of the party re- upon such terms, conditions and ar-
questing the deposition. Unless waived rangements as are prescribed in the
by the deponent, the transcription order of the ALJ, at the expense of the
must be read by or read to the depo- party requesting the recording. The
nent, subscribed by the deponent, and video recording may be in conjunction
82
with an oral examination by telephone enters a protective order, he or she

conference held pursuant to paragraph shall seal any proceedings so recorded.
(m) of this section. After the deposition These shall be releasable only as re-
has been taken, and copies of the video quired by law.
recording are provided to parties re- (c) Upon motion by a person from
questing them, the person recording whom discovery is sought, the ALJ
the deposition shall immediately place may
the videotape in a sealed envelope or a (1) Restrict or defer disclosure by a
sealed videotape container, attaching party either of the name of a witness
to it a statement identifying the pro- or, if the witness comes from the Coast
ceeding and the deponent and certi- Guard, of any prior statement of the
fying as to the authenticity of the witness; and
video recording, and return the video-
(2) Prescribe other appropriate meas-
tape by accountable means to the ALJ.
ures to protect a witness.
The deposition becomes a part of the
record of the proceedings in the same (d) The ALJ will give any party an
manner as a transcribed deposition. adequate opportunity to prepare for
The videotape, if admitted into evi- cross-examination or other presen-
dence, will be played during the hear- tation concerning witnesses and state-
ing and transcribed into the record by ment subject to protective orders.
the reporter.
20.607 Sanctions for failure to com-
20.606 Protective orders. ply.
(a) In considering a motion for an If a party fails to provide or permit
order of discoveryor a motion, by a discovery, the ALJ may take such ac-
party or other person from whom dis- tion as is just. This may include the
covery is sought, to reconsider or following:
amend an order of discoverythe ALJ (a) Infer that the testimony, docu-
may enter any order that justice re- ment, or other evidence would have
quires, to protect a person from annoy- been adverse to the party.
ance, embarrassment, oppression, or (b) Order that, for the purposes of the
undue burden or expense. This order proceeding, designated facts are estab-
may lished.
(1) Confine discovery to specific (c) Order that the party not intro-
terms and conditions, such as a par- duce into evidenceor otherwise rely
ticular time and place; upon, in support of any claim or de-
(2) Confine discovery to a method fensethe evidence that was withheld.
other than that selected by the party (d) Order that the party not intro-
seeking it; duce into evidence, or otherwise use in
(3) Preclude inquiry into certain mat- the hearing, information obtained in
ters; discovery.
(4) Direct that discovery occur with
(e) Allow the use of secondary evi-
no one present except persons des-
dence to show what the evidence with-
ignated by the ALJ;
held would have shown.
(5) Preclude the disclosure of a trade
secret or other proprietary informa- 20.608 Subpoenas.
tion, or allow its disclosure only in a
designated way or only to designated (a) Any party may request the ALJ
persons; or to issue a subpoena for the attendance
(6) Require that the person from of a person, the giving of testimony, or
whom discovery is sought file specific the production of books, papers, docu-
documents or information under seal ments, or any other relevant evidence
for opening at the direction of the ALJ. during discovery or for any hearing.
(b) When a person from whom dis- Any party seeking a subpoena from the
covery is sought seeks a protective ALJ shall request its issuance by mo-
order, the ALJ may let him or her tion.
make all or part of the showing of good (b) An ALJ may, for good cause
cause in camera. The ALJ shall record shown, apply to the United States Dis-
any proceedings in camera. If he or she trict Court for the issuance of an order
83
20.609 33 CFR Ch. I (7110 Edition)
compelling the appearance and testi- 20.703 Presumptions.

mony of a witness or the production of
In each administrative hearing, a
evidence.
presumption
(c) A person serving a subpoena shall
(a) Imposes on the party against
prepare a written statement setting
whom it lies the burden of going for-
forth either the date, time, and manner
ward with evidence to rebut or meet
of service or the reason for failure of
the presumption; but
service. He or she shall swear to or af-
(b) Does not shift the burden of proof
firm the statement, attach it to a copy
in the sense of the risk of non-persua-
of the subpoena, and return it to the
sion.
ALJ who issued the subpoena.
(d) Coast Guard investigating officers 20.704 Scheduling and notice of hear-
have separate subpoena power in S&R ings.
proceedings under 46 CFR 5.301.
(a) With due regard for the conven-
20.609 Motions to quash or modify. ience of the parties, and of their rep-
resentatives or witnesses, the ALJ
(a) A person to whom a subpoena is shall, as early as possible, fix the date,
directed may, by motion with notice to time, and place for the hearing and no-
the party requesting the subpoena, ask tify all parties and interested persons.
the ALJ to quash or modify the sub- (b) The ALJ may grant a request for
poena. a change in the date, time, or place of
(b) Except when made at a hearing, a hearing.
the motion must be filed: (c) At any time after commencement
(1) 10 days or less after service of a of a proceeding, any party may move
subpoena compelling the appearance to expedite the proceeding. A party
and testimony of a witness or the pro- moving to expedite shall
duction of evidence or (1) Explain in the motion the cir-
(2) At or before the time specified in cumstances justifying the motion to
the subpoena for compliance, which- expedite; and
ever is earlier. (2) Incorporate in the motion affida-
(c) If the subpoena is served at a vits supporting any representations of
hearing, the person to whom it is di- fact.
rected may, in person at the hearing or (d) After timely receipt of the motion
in writing within a reasonable time and any responses, the ALJ may expe-
fixed by the ALJ, ask the ALJ to quash dite pleadings, pre-hearing conferences,
or modify it. and the hearing, as appropriate.
(d) The ALJ may quash or modify the
subpoena if it is unreasonable or re- 20.705 Failure to appear.
quires evidence not relevant to any The ALJ may enter a default under
matter in issue. 20.310 against a respondent threat-
ening to fail, or having failed, to ap-
Subpart GHearings pear at a hearing unless,
(a) Before the time for the hearing,
20.701 Standard of proof. the respondent shows good cause why
The party that bears the burden of neither the respondent nor his or her
proof shall prove his or her case or af- representative can appear; or,
firmative defense by a preponderance (b) 30 days or less after an order to
of the evidence. show good cause, the respondent shows
good cause for his or her failure to ap-
20.702 Burden of proof. pear.
(a) Except for an affirmative defense,
or as provided by paragraph (b) of this 20.706 Witnesses.
section, the Coast Guard bears the bur- (a) Each witness shall testify under
den of proof. oath or affirmation.
(b) Except as otherwise provided by (b) If a witness fails or refuses to an-
statute or rule, the proponent of a mo- swer any question the ALJ finds prop-
tion, request, or order bears the burden er, the failure or refusal constitutes
of proof. grounds for the ALJ to strike all or
84
part of the testimony given by the wit- of law form part of the record of the
ness or to take any other measure he proceeding, as described in 20.903.
or she deems appropriate.
20.707 Telephonic testimony.
Subpart HEvidence
(a) The ALJ may order the taking of 20.801 General.
the testimony of a witness by tele- Any party may present his or her
phonic conference call. A person pre- case or defense by oral, documentary,
senting evidence may by motion ask or demonstrative evidence; submit re-
for the taking of testimony by this buttal evidence; and conduct any cross-
means. The arrangement of the call examination that may be necessary for
must let each participant listen to and a full and true disclosure of the facts.
speak to each other within the hearing
of the ALJ, who will ensure the full 20.802 Admissibility of evidence.
identification of each so the reporter
(a) The ALJ may admit any relevant
can create a proper record.
oral, documentary, or demonstrative
(b) The ALJ may issue a subpoena di-
evidence, unless privileged. Relevant
recting a witness to testify by tele-
evidence is evidence tending to make
phonic conference call. The subpoena
the existence of any material fact more
in any such instance issues under the
probable or less probable than it would
procedures in 20.608.
be without the evidence.
20.708 Witnesses fees. (b) The ALJ may exclude evidence if
its probative value is substantially
(a) Each witness summoned in an ad-
outweighed by the danger of prejudice,
ministrative proceeding shall receive
by confusion of the issues, or by rea-
the same fees and mileage as a witness
sonable concern for undue delay, waste
in a District Court of the United
of time, or needless presentation of cu-
States.
mulative evidence.
(b) The party or interested person
who calls a witness is responsible for 20.803 Hearsay evidence.
all fees and mileage due under para-
graph (a) of this section. Hearsay evidence is admissible in
proceedings governed by this part. The
20.709 Closing of the record. ALJ may consider the fact that evi-
(a) When the ALJ closes the hearing, dence is hearsay when determining its
he or she shall also close the record of probative value.
the proceeding, as described in 20.903, 20.804 Objections and offers of proof.
unless he or she directs otherwise.
Even after the ALJ closes it, he or she (a) Any party objecting to the admis-
may reopen it. sion or exclusion of evidence shall con-
(b) The ALJ may correct the tran- cisely state the grounds. A ruling on
script of the hearing by appropriate every objection must appear in the
order. record. No party may raise an objec-
tion to the admission or exclusion of
20.710 Proposed findings, closing ar- evidence on appeal unless he or she
guments, and briefs. raised it before the ALJ.
(a) Before the ALJ closes the hear- (b) Whenever evidence is objected to,
ing, he or she may hear oral argument the party offering it may make an offer
so far as he or she deems appropriate. of proof, which must appear in the
(b) Before the ALJ decides the case, record.
and upon terms he or she finds reason-
able, any party may file a brief, pro- 20.805 Proprietary information.
posed findings of fact and conclusions (a) The ALJ may limit introduction
of law, or both. Any party may waive of evidence or issue such protective or
this right. If all parties waive it, then other orders as in his or her judgment
the ALJ may issue an oral order at the are consistent with the object of pre-
close of the hearing. venting undue disclosure of proprietary

(c) Any oral argument, brief, or pro- matters, including, among others, ones
posed findings of fact and conclusions of a commercial nature.
85
20.806 33 CFR Ch. I (7110 Edition)
(b) When the ALJ determines that in- retained in the record of the pro-
formation in a document containing ceeding, unless the ALJ permits the
proprietary matters should be made substitution of a copy. The interested
available to another party, the ALJ person shall supply a copy of the ex-
may direct the party possessing the hibit to the ALJ and to every party to
document to prepare a non-proprietary the proceeding. The requirements of
summary or extract of it. The sum- paragraph (b) of this section apply to
mary or extract may be admitted as any interested person who would offer
evidence in the record. an exhibit upon direct examination.
(c) If the ALJ determines that a non-
proprietary summary or extract is in- 20.808 Written testimony.
adequate and that proprietary matters The ALJ may enter into the record
must form part of the record to avert the written testimony of a witness.
prejudice to a party, the ALJ may so The witness shall be, or have been,
advise the parties and arrange access available for oral cross-examination.
to the evidence for a party or rep- The statement must be sworn to, or af-
resentative. firmed, under penalty of perjury.
20.806 Official notice. 20.809 Stipulations.
The ALJ may take official notice of Any party or interested person may
such matters as could courts, or of stipulate, in writing, at any stage of
other facts within the specialized the proceeding, or orally at the hear-
knowledge of the Coast Guard as an ex- ing, to any pertinent fact or other mat-
pert body. When all or part of a deci- ter fairly susceptible of stipulation. A
sion rests on the official notice of a stipulation binds all parties to it.
material fact not appearing in the evi-
dence in the record, the decision must Subpart IDecisions
state as much; and any party, upon
timely request, shall receive an oppor- 20.901 Summary decisions.
tunity to rebut the fact. (a) Any party may move for a sum-
mary decision in all or any part of the
20.807 Exhibits and documents. proceeding on the grounds that there is
(a) Each exhibit must be numbered no genuine issue of material fact and
and marked for identification by the that the party is entitled to a decision
party offering it. The original of each as a matter of law. The party must file
exhibit so marked, whether or not of- the motion no later than 15 days before
fered or admitted into evidence, must the date fixed for the hearing and may
be filed and retained in the record of include supporting affidavits with the
the proceeding, unless the ALJ permits motion. Any other party, 10 days or
the substitution of a copy. The party less after service of a motion for sum-
introducing each exhibit so marked mary decision, may serve opposing affi-
shall supply a copy of the exhibit to davits or countermove for summary de-
the ALJ and to every party to the pro- cision. The ALJ may set the matter for
ceeding. argument and call for the submission
(b) Unless the ALJ directs otherwise, of briefs.
each party who would offer an exhibit (b) The ALJ may grant the motion if
upon direct examination shall make it the filed affidavits, the filed docu-
available to every other party for in- ments, the material obtained by dis-
spection 15 days or more before the covery or otherwise, or matters offi-
hearing. The ALJ will deem admitted cially noted show that there is no gen-
the authenticity of each exhibit sub- uine issue of material fact and that a
mitted before the hearing unless a party is entitled to a summary decision
party either files written objection and as a matter of law.
serves it on all parties or shows good (c) Each affidavit must set forth such
cause for failure to do both. matters as would be admissible in evi-
(c) In class II civil penalty pro- dence and must show affirmatively
ceedings under 33 U.S.C. 1321(b)(6), each that the affiant is competent to testify
exhibit introduced by an interested to the matters stated in the affidavit.
person must be marked, and filed and Once a party has moved for summary
86
decision and supported his or her mo- script of the record. The date of the de-
tion as provided in this section, no cision is the date of the oral rendering
party opposing the motion may rest of the decision by the ALJ.
upon the mere allegations or denials of
facts contained in his or her own plead- 20.903 Records of proceedings.
ings. The response to the motion, by (a) The transcript of testimony at
affidavit or as otherwise provided in the hearing, all exhibits received into
this section, must provide a specific evidence, any items marked as exhibits
basis to show that there is a genuine and not received into evidence, all mo-
issue of material fact for the hearing. tions, all applications, all requests, and
(d) If it appears from the affidavit of all rulings constitute the official
a party opposing the motion that this record of a proceeding. This record also
party cannot, for reasons stated, includes any motions or other matters
present by affidavit matters essential regarding the disqualification of the
to justify his or her opposition, the ALJ.
ALJ may deny the motion for sum- (b) Any person may examine the
mary decision, may order a continu- record of a proceeding at the U. S.
ance to enable the obtaining of infor- Coast Guard Administrative Law Judge
mation, or may make such other order Docketing Center; Room 412; 40 S. Gay
as is just. Street; Baltimore, MD 212014022. Any
(e) No denial of all or any part of a person may obtain a copy of part or all
motion for summary decision is subject of the record after payment of reason-
to interlocutory appeal. able costs for duplicating it in accord-
ance with 49 CFR part 7.
20.902 Decisions of the ALJ.
(a) After closing the record of the 20.904 Reopening.
proceeding, the ALJ shall prepare a de- (a) To the extent permitted by law,
cision containing the ALJ may, for good cause shown in
(1) A finding on each material issue accordance with paragraph (c) of this
of fact and conclusion of law, and the section, reopen the record of a pro-
basis for each finding; ceeding to take added evidence.
(2) The disposition of the case, in- (b) Any party may move to reopen
cluding any appropriate order; the record of a proceeding 30 days or
(3) The date upon which the decision less after the closing of the record.
will become effective; (1) Each motion to reopen the record
(4) A statement of further right to must clearly set forth the facts that
appeal; and, the movant would try to prove and the
(5) If no hearing was held, a state- grounds for reopening the record.
ment of the right of any interested per- (2) Any party who does not respond
son to petition the Commandant to set to any motion to reopen the record
aside the decision. waives any objection to the motion.
(b) The decision of the ALJ must rest (c) The ALJ may reopen the record of
upon a consideration of the whole a proceeding if he or she believes that
record of the proceedings. any change in fact or law, or that the
(c) The ALJ may, upon motion of any public interest, warrants reopening it.
party or in his or her own discretion, (d) The filing of a motion to reopen
render the initial decision from the the record of a proceeding does not af-
bench (orally) at the close of the hear- fect any period for appeals specified in
ing and prepare and serve a written subpart J of this part, except that the
order on the parties or their authorized filing of such a motion tolls the run-
representatives. In rendering his or her ning of whatever time remains in the
decision from the bench, the ALJ shall period for appeals until either the ALJ
state the issues in the case and make acts on the motion or the party filing
clear, on the record, his or her findings it withdraws it.
of fact and conclusions of law. (e)(1) At any time, a party may file a
(d) If the ALJ renders the initial de- petition to reopen with the Docketing
cision orally, and if a party asks for a Center for the ALJ to rescind any
copy, the Hearing Docket Clerk shall order suspending or revoking a mer-
furnish a copy excerpted from the tran- chant mariners license, certificate of
87
20.1001 33 CFR Ch. I (7110 Edition)
registry, credential, or endorsement The party shall file the notice 30 days
document if or less after issuance of the decision,
(i) The order rests on a conviction and shall serve a copy of it on the
(A) For violation of a dangerous-drug other party and each interested person.
law; (b) No party may appeal except on
(B) Of an offense that would prevent the following issues:
the issuance or renewal of the license, (1) Whether each finding of fact is
certificate, credential, or endorsement supported by substantial evidence.
document; or (2) Whether each conclusion of law
(C) Of an offense described in sub- accords with applicable law, precedent,
paragraph 205(a)(3)(A) or (B) of the Na- and public policy.
tional Driver Register Act of 1982 (23 (3) Whether the ALJ abused his or
U.S.C. 401, note); and her discretion.
(ii) The respondent submits a specific (4) The ALJs denial of a motion for
order of court to the effect that the disqualification.
conviction has been unconditionally
(c) No interested person may appeal a
set aside for all purposes.
summary decision except on the issue
(2) The ALJ, however, may not re-
that no hearing was held or that in the
scind his or her order on account of
issuance of the decision the ALJ did
any law that provides for a subsequent
not consider evidence that that person
conditional setting-aside, modification,
or expunging of the order of court, by would have presented.
way of granting clemency or other re- (d) The appeal must follow the proce-
lief after the conviction has become dural requirements of this subpart.
final, without regard to whether pun-
20.1002 Records on appeal.
ishment was imposed.
(f) Three years or less after an S&R (a) The record of the proceeding con-
proceeding has resulted in revocation stitutes the record for decision on ap-
of a credential, endorsement, license, peal.
certificate, or document, the respond- (b) If the respondent requests a copy
ent may file a motion for reopening of of the transcript of the hearing as part
the proceeding to modify the order of of the record of proceeding, then,
revocation with the ALJ Docketing (1) If the hearing was recorded at
Center. Federal expense, the Coast Guard will
(1) Any motion to reopen the record provide the transcript on payment of
must clearly state why the basis for the fees prescribed in 49 CFR 7.45; but,
the order of revocation is no longer (2) If the hearing was recorded by a
valid and how the issuance of a new Federal contractor, the contractor will
merchant mariner credential with ap- provide the transcript on the terms
propriate endorsement is compatible prescribed in 49 CFR 7.45.
with the requirement of good discipline
and safety at sea. 20.1003 Procedures for appeal.
(2) Any party who does not respond (a) Each party appealing the ALJs
to any petition to reopen the record decision or ruling shall file an appel-
waives any objection to the motion. late brief with the Commandant at the
[CGD 983472, 64 FR 28062, May 24, 1999, as following address: U.S. Coast Guard
amended at, USCG200624371, 74 FR 11211, Administrative Law Judge Docketing
Mar. 16, 2009] Center; Attention: Hearing Docket
Clerk; Room 412; 40 S. Gay Street; Bal-
Subpart JAppeals timore, MD 212014022, and shall serve a
copy of the brief on every other party.
20.1001 General. (1) The appellate brief must set forth
(a) Any party may appeal the ALJ s the appellants specific objections to
decision by filing a notice of appeal. the decision or ruling. The brief must
The party shall file the notice with the set forth, in detail, the
U. S. Coast Guard Administrative Law (i) Basis for the appeal;
(ii) Reasons supporting the appeal;
Judge Docketing Center; Attention:

Hearing Docket Clerk; Room 412; 40 S. and
Gay Street; Baltimore, MD 212014022. (iii) Relief requested in the appeal.
88
(2) When the appellant relies on ma- decision constitutes an order of the
terial contained in the record, the ap- Commandant assessing or denying a
pellate brief must specifically refer to class II civil penalty on the date of
the pertinent parts of the record. issuance of the Commandants deci-
(3) The appellate brief must reach the sions.
Docketing Center 60 days or less after (b) S&R Proceedings. (1) Unless ap-
service of the ALJs decision. Unless pealed pursuant to subpart J of this
filed within this time, or within an- part, an ALJs decision becomes final
other time period authorized in writing action of the Coast Guard 30 days after
by the Docketing Center, the brief will the date of its issuance.
be untimely. (2) If the Commandant issues a deci-
(b) Any party may file a reply brief sion under Subpart J of this part, the
with the Docketing Center 35 days or decision constitutes final action of the
less after service of the appellate brief. Coast Guard on the date of its
Each such party shall serve a copy on issuance.
every other party. If the party filing
the reply brief relies on evidence con- 20.1102 Petitions to set aside deci-
tained in the record for the appeal, sions and provide hearings for civil
that brief must specifically refer to the penalty proceedings.
pertinent parts of the record. (a) If no hearing takes place on a
(c) No party may file more than one complaint for a class II civil penalty,
appellate brief or reply brief, unless any interested person may file a peti-
(1) The party has petitioned the Com- tion, 30 days or less after the issuance
mandant in writing; and of an order assessing or denying a civil
(2) The Commandant has granted penalty, asking the Commandant to set
leave to file an added brief, in which aside the order and to provide a hear-
event the Commandant will allow a ing.
reasonable time for the party to file (b) If the Commandant decides that
that brief. evidence presented by an interested
(d) The Commandant may accept an person in support of a petition under
amicus curiae brief from any person in paragraph (a) of this section is mate-
an appeal of an ALJs decision. rial and that the ALJ did not consider
the evidence in the issuance of the de-
20.1004 Decisions on appeal.
cision, the Commandant shall set aside
(a) The Commandant shall review the the decision and direct that a hearing
record on appeal to determine whether take place in accordance with the re-
the ALJ committed error in the pro- quirements of this part.
ceedings, and whether the Com- (c) If the Commandant denies a hear-
mandant should affirm, modify, or re- ing sought under this section, he or she
verse the ALJs decision or should re- shall provide to the interested person,
mand the case for further proceedings. and publish in the FEDERAL REGISTER,
(b) The Commandant shall issue a de- notice of and the reasons for the de-
cision on every appeal in writing and nial.
shall serve a copy of the decision on
each party and interested person. 20.1103 Availability of decisions.
(a)(1) Copies and indexes of decisions
Subpart KFinality, Petitions for on appeal are available for inspection
Hearing, and Availability of and copying at
Orders (i) The document inspection facility
at the office of any Coast Guard Dis-
20.1101 Finality. trict, Activity, or Sector Office;
(a) Civil penalty proceedings. (1) Unless (ii) The public reading room at Coast
appealed pursuant to subpart J of this Guard Headquarters; and
part, an ALJs decision becomes an (iii) The public reading room of the
order assessing or denying a class II Coast Guard ALJ Docketing Center;
civil penalty 30 days after the date of Baltimore, Maryland.
its issuance. (2) Appellate decisions in S&R pro-

(2) If the Commandant issues a deci- ceedings, and both appellate and ALJs
sion under Subpart J of this part, the decisions on class II civil penalties, are
89
20.1201 33 CFR Ch. I (7110 Edition)
available on the Department of Trans- authority and reason for temporary

portation Home Page at www.dot.gov or suspension.
the Coast Guard Home Page at (b) Answer. In a case under this sub-
www.uscg.mil. part
(b) Any person wanting a copy of a (1) 20.308 does not govern answers,
decision may place a request with the and
Hearing Docket Clerk. The Clerk will (2) The respondent shall therefore
bill the person on the terms prescribed enter his or her answer at the pre-hear-
in 49 CFR 7.43. ing conference.
[CGD983472, 64 FR 28062, May 24, 1999, as [CGD 983472, 64 FR 28062, May 24, 1999, as
amended by USCG200625556, 72 FR 36327, amended at, USCG200624371, 74 FR 11211,
July 2, 2007] Mar. 16, 2009]
20.1203 Commencement of expedited

Subpart LExpedited Hearings hearings.
20.1201 Application. Upon receipt of a complaint with a
copy of the notice of temporary suspen-
(a) This subpart applies whenever the
sion and the affidavit supporting the
Coast Guard suspends a mariners cre-
complaint, the Chief ALJ will imme-
dential without a hearing under 46
diately assign an ALJ and designate
U.S.C. 7702(d).
the case for expedited hearing.
(b) The Coast Guard may, for 45 days
or less, suspend and seize a merchant 20.1205 Motion for return of tempo-
mariner credential, license, certificate, rarily suspended merchant mariner
or document if, when acting under the credential, license, certificate of
authority of the license, certificate, or registry, or document.
document, (a) Procedure. At any time during the
(1) A mariner performs a safety-sen- expedited hearing, the respondent may
sitive function on a vessel; and move that his or her merchant mariner
(2) There is probable cause to believe credential, license, certificate of reg-
that he or she istry, or document be returned on the
(i) Has performed the safety-sensitive grounds that the agency lacked prob-
function in violation of law or Federal able cause for temporary suspension.
regulation regarding use of alcohol or a The motion must be in writing and ex-
dangerous drug; plain why the agency lacked probable
(ii) Has been convicted of an offense cause.
that would prevent the issuance or re- (b) Ruling. If the ALJ grants the mo-
newal of the merchant mariner creden- tion, the ALJ may issue such orders as
tial, license, certificate, or document; are necessary for the return of the sus-
or, pended credential, license, certificate,
(iii) Three years or less before the or document and for the matter to con-
start of an S&R proceeding, has been tinue in an orderly way under standard
convicted of an offense described in procedure.
subparagraph 205(a)(3)(A) or (B) of the
[CGD 983472, 64 FR 28062, May 24, 1999, as
National Driver Register Act of 1982 (23
amended at, USCG200624371, 74 FR 11211,
U.S.C. 401, note). Mar. 16, 2009]
[CGD 983472, 64 FR 28062, May 24, 1999, as
amended at, USCG200624371, 74 FR 11211, 20.1206 Discontinuance of expedited
Mar. 16, 2009] hearings.
(a) Procedure. At any time during the
20.1202 Filing of pleadings. expedited hearing, the respondent may
(a) Complaint. If the Coast Guard has move that the hearing discontinue and
temporarily suspended a merchant that the matter continue under stand-
mariners credential, license, certifi- ard procedure. A motion to discontinue
cate of registry, or document, it shall must be in writing and explain why the
immediately file a complaint under case is inappropriate for expedited
20.307. The complaint must contain hearing.

both a copy of a notice of temporary (b) Ruling. If the ALJ grants the mo-
suspension and an affidavit stating the tion to discontinue, the ALJ may issue
90
such orders as are necessary for the under subpart G of this part, on any
matter to continue in an orderly way issue that remains in dispute.
under standard procedure. (b) Oral and written argument. (1)
Each party may present oral argument
20.1207 Pre-hearing conferences. at the close of the hearing or present
(a) When held. As early as prac- (i) Proposed findings of fact and con-
ticable, the ALJ shall order and conclusions of law; and
duct a pre-hearing conference. He or (ii) Post-hearing briefs, under 20.710.
she may order the holding of the con- (2) The ALJ shall issue a schedule,
ference in person, or by telephonic or such as will enable him or her to con-
electronic means. sider the findings and briefs without
(b) Answer. The respondent shall delaying the issuance of the decision.
enter his or her answer at the pre-hear-
(c) ALJs decision. The ALJ may issue
ing conference. If the answer is an ad-
his or her decision as an oral decision
mission, the ALJ shall either issue an
appropriate order or schedule a hearing from the bench. Alternatively, he or
on the order. she may issue a written decision. He or
(c) Content. (1) At the pre-hearing she shall issue the decision 45 days or
conference, the parties shall: less after the temporary suspension.
(i) Identify and simplify the issues in
20.1209 Appeals of ALJs decisions.
dispute and prepare an agreed state-
ment of issues, facts, and defenses. Any party may appeal the ALJs de-
(ii) Establish a simplified procedure cision as provided in subpart J.
appropriate to the matter.
(iii) Fix a time and place for the Subpart MSupplementary Evi-
hearing 30 days or less after the tem- dentiary Rules for Suspension
porary suspension. and Revocation Hearings
(iv) Discuss witnesses and exhibits.
(2) The ALJ shall issue an order di- 20.1301 Purpose.
recting the exchange of witness lists
and documents. This subpart contains evidentiary
(d) Order. Before the close of the pre- rules that apply only in certain cir-
hearing conference, the ALJ shall issue cumstances in S&R proceedings. They
an order setting forth any agreements supplement, not supplant, the evi-
reached by the parties. The order must dentiary rules in subpart H.
specify the issues for the parties to ad-
dress at the hearing. 20.1303 Authentication and certifi-
cation of extracts from shipping ar-
(e) Procedures not to cause delay. Nei-
ticles, logbooks, and the like.
ther any filing of pleadings or motions,
nor any conduct of discovery, may (a) The investigating officer, the
interfere with Coast Guard representative, any other
(1) The holding of the hearing 30 days commissioned officer of the Coast
or less after the temporary suspension Guard, or any official custodian of ex-
or tracts from shipping articles, logbooks,
(2) The closing of the record early or records in the custody of the Coast
enough for the issuance of an initial Guard may authenticate and certify
decision 45 days or less after the tem- the extracts.
porary suspension. (b) Authentication and certification
(f) Times. The ALJ may shorten the must include a statement that the per-
time for any act required or permitted son acting has seen the original, com-
under this subpart to enable him or her pared the copy with it, and found the
to issue an initial decision 45 days or copy to be a true one. This person shall
less after the temporary suspension. sign his or her name and identify him-
20.1208 Expedited hearings. self or herself by rank or title and by
duty station.
(a) Procedures. As soon as practicable

after the close of the pre-hearing con-
ference, the ALJ shall hold a hearing,
91
20.1305 33 CFR Ch. I (7110 Edition)
20.1305 Admissibility and weight of ceive treatment, submit to any manner

entries from logbooks. of probation or supervision, or forgo
(a) Any entry in any official logbook appeal of the finding of the trial court,
of a vessel concerning an offense enu- the Coast Guard regards him or her, for
merated in 46 U.S.C. 11501, made in sub- the purposes of 46 U.S.C. 7703 or 7704, as
stantial compliance with the proce- having received a conviction. The
dural requirements of 46 U.S.C. 11502, is Coast Guard does not consider the con-
admissible in evidence and constitutes viction expunged without proof that
prima facie evidence of the facts re- the expungement is due to the convic-
cited. tions having been in error.
(b) Any entry in any such logbook (e) No respondent may challenge the
made in substantial compliance with jurisdiction of a Federal or State court
the procedural requirements of 46 in any proceeding under 46 U.S.C. 7703
U.S.C. 11502 may receive added weight
or 7704.
from the ALJ.
[CGD 983472, 64 FR 28062, May 24, 1999, as
20.1307 Use of judgments of convic- amended at, USCG200624371, 74 FR 11211,
tion. Mar. 16, 2009]
(a) A judgment of conviction by a
Federal court is conclusive in any S&R 20.1309 Admissibility of respondents
proceeding under this part concerning criminal records and records with
any act or offense described in 46 the Coast Guard before entry of
findings and conclusions.
U.S.C. 7703 or 7704 when the act or of-
fense is the same as in the Federal con- (a) The prior disciplinary record of
viction. the respondent is admissible when of-
(b) Except as provided in paragraph fered by him or her.
(c) of this section, no judgment of con- (b) The prior disciplinary record of
viction by a State court is conclusive the respondent is admissible when of-
in any S&R proceeding under this part fered by the Coast Guard representa-
concerning any act or offense described tive to impeach the credibility of evi-
in 46 U.S.C. 7703 or 7704, even when an dence offered by the respondent.
act or offense forming the basis of the (c) The use of a judgment of convic-
charge in the proceeding is the same as
tion is permissible on the terms pre-
in the State conviction. But the judg-
scribed by 20.1307.
ment is admissible in evidence and con-
stitutes substantial evidence adverse 20.1311 Admissions by respondent.
to the respondent.
(c) A judgment of conviction by a No person may testify regarding ad-
Federal or State court for a violation missions made by the respondent dur-
is conclusive in the proceeding if an ing an investigation under 46 CFR part
S&R proceeding alleges conviction 4, except to impeach the credibility of
for evidence offered by the respondent.
(1) A violation of a dangerous-drug
law; 20.1313 Medical examination of re-
(2) An offense that would prevent the spondents.
issuance or renewal of a merchant In any proceeding in which the phys-
mariners license, merchant mariner ical or mental condition of the re-
credential, certificate of registry, or spondent is relevant, the ALJ may
document; or order him or her to undergo a medical
(3) An offense described in subpara-
examination. Any examination ordered
graph 205(a)(3)(A) or (B) of the National
by the ALJ is conducted, at Federal ex-
Driver Register Act of 1982 (23 U.S.C.S.
401, note). pense, by a physician designated by the
(d) If the respondent participates in ALJ. If the respondent fails or refuses
the scheme of a State for the to undergo any such examination, the
expungement of convictions, and if he failure or refusal receives due weight
and may be sufficient for the ALJ to
or she pleads guilty or no contest or, by

order of the trial court, has to attend infer that the results would have been
classes, contribute time or money, re- adverse to the respondent.
92
20.1315 Submission of prior records 23.01 Basis and purpose.

and evidence in aggravation or (a) This subpart establishes instruc-
mitigation.
tions for the display of distinctive
(a) The prior disciplinary record of markings of Coast Guard vessels and
the respondent comprises the following aircraft, including Coast Guard ensign
items less than 10 years old: and commission pennant and Coast
(1) Any written warning issued by the Guard emblem.
Coast Guard and not contested by the (b) Coast Guard vessels and aircraft
respondent. are distinguished from other vessels
(2) Final agency action by the Coast and aircraft by an ensign; a personal
Guard on any S&R proceeding in which flag, command pennant, or commis-
a sanction or consent order was en- sioned pennant, if so authorized; or
tered. other identifying insignia or marking.
(3) Any agreement for voluntary sur- [CGFR 5735, 22 FR 6765, Aug. 22, 1957, as
render entered into by the respondent. amended by CGFR 6667, 31 FR 15239, Dec. 6,
(4) Any final judgment of conviction 1966]
in Federal or State courts.
(5) Final agency action by the Coast 23.05 Where and when displayed.
Guard resulting in the imposition (a) The Coast Guard Ensign is a mark
against the respondent of any civil pen- of authority and is required to be dis-
alty or warning in a proceeding admin- played whenever a Coast Guard vessel
istered by the Coast Guard under this takes active measures in connection
title. with boarding, examining, seizing,
(6) Any official commendatory infor- stopping or heaving to of a vessel for
mation concerning the respondent of the purposes of enforcing the laws of
which the Coast Guard representative the United States. The distinctive
is aware. The Coast Guard representa- markings of Coast Guard aircraft serve
tive may offer evidence and argument the same purpose.
in aggravation of any charge proved. (b) The Coast Guard Commission pen-
The respondent may offer evidence of, nant indicates a Coast Guard cutter
and argument on, prior maritime serv- under the command of a commissioned
ice, including both the record intro- officer or commissioned warrant offi-
duced by the Coast Guard representa- cer.
tive and any commendatory evidence. (c) When applicable, these distinctive
(b) The respondent may offer evi- marks shall be displayed, the Coast
dence and argument in mitigation of Guard Ensign at the masthead of the
any charge proved. foremast, and the commission pennant
(c) The Coast Guard representative at the after masthead. On ships having
may offer evidence and argument in re- but one mast the Coast Guard Ensign
buttal of any evidence and argument and commission pennant shall be at
offered by the respondent in mitiga- the masthead on the same halyard. In
tion. mastless ships they shall be displayed
from the most conspicuous hoist.
PART 23DISTINCTIVE MARKINGS [CGFR 6726, 32 FR 6576, Apr. 28, 1967]
FOR COAST GUARD VESSELS
AND AIRCRAFT 23.10 Coast Guard emblem.
(a) The distinctive emblem of the
Sec. Coast Guard shall be as follows:
23.01 Basis and purpose.
On a disc the shield of the Coat of Arms of
23.05 Where and when displayed.
the United States circumscribed by an annu-
23.10 Coast Guard emblem. let edged and inscribed UNITED STATES
23.12 Coast Guard identifying insignia. COAST GUARD 1790 all in front of two
23.15 Coast Guard ensign. crossed anchors.
23.20 Coast Guard commission pennant.
23.30 Penalty. (b) The emblem in full color is de-
scribed as follows:
AUTHORITY: Secs. 638, 639, 63 Stat. 546; 14

U.S.C. 638, 639, E.O. 10707, 3 CFR, 19541958 White anchors and white ring all outlined
Comp., p. 364. in medium blue (Coast Guard blue), letters
93
23.12 33 CFR Ch. I (7110 Edition)
and numerals medium blue (Coast Guard white, beginning with the red at the
blue), white area within ring, shield with me- hoist. In the upper quarter, next to the
dium blue (Coast Guard blue) chief and 13 al- hoist, is the union, being the Coat of
ternating white and red (Coast Guard red)
stripes (7 white and 6 red) with narrow me-
Arms of the United States, in dark blue
dium blue (Coast Guard blue) outline. on a white field, half of the length of
the flag, and extending down the hoist
(c) The Coast Guard emblem is in- halfway. The distinctive emblem of the
tended primarily for use as identifica- Coast Guard in blue and white is placed
tion on Coast Guard ensigns, flags, pen- with its center on a line with the lower
nants, vessels, aircraft, vehicles, and edge of the union and over the center
shore units. It may also be reproduced of the seventh vertical red stripe from
for use on such items as stationery, the hoist of the flag, the emblem cov-
clothing, jewelry, etc. ering a horizontal space of three
(d) Any person who desires to repro- stripes.
duce the Coast Guard emblem for non-
Coast Guard use must first obtain ap- [CGFR 5735, 22 FR 6765, Aug. 22, 1957]
proval from the Commandant, U.S.
23.20 Coast Guard commission pen-
Coast Guard, 2100 2nd St. SW., Stop nant.
7000, Washington, DC 205937000.
The Coast Guard commission pen-
(Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1); nant shall have the union part com-
49 CFR 1.46(b)) posed of thirteen blue stars in a hori-
[CGFR 6726, 32 FR 6577, Apr. 28, 1967, as zontal line on a white field, one-fourth
amended by CGFR 7095, 35 FR 12541, Aug. 6, the length of the pennant; the remain-
1970; USCG20100351, 75 FR 36278, June 25, ing three-fourths shall consist of six-
2010]
teen vertical stripes of equal width, al-
23.12 Coast Guard identifying insig- ternate red and white, beginning with
nia. the red, and a tail piece of red about
one-fifth the entire length of the pen-
(a) The distinctive identification in-
nant, ending in a swallow tail.
signia of the Coast Guard consists of a
broad diagonal red stripe followed to [CGFR 5735, 22 FR 6765, Aug. 22, 1957, as
the right or left by two narrow stripes, amended by CGFR 7175, 36 FR 13268, July 17,
first a white stripe and then a blue 1971]
stripe. The Coast Guard emblem, as de-
23.30 Penalty.
scribed in 23.10(b), is centered within
the confines of the broad red diagonal Section 638(b) of Title 14 U.S.C. (63
stripe. Stat. 546) reads as follows:
(b) The Coast Guard identifying in- No vessel or aircraft without authority
signia is intended primarily for the shall carry, hoist or display any ensign, pen-
identification of Coast Guard vessels, nant or other identifying insignia prescribed
aircraft, vehicles, and shore units. It for, or intended to resemble, any ensign, pen-
may also be reproduced for use on nant or other identifying insignia prescribed
Coast Guard publications, stationery, for Coast Guard vessels or aircraft. Each per-
jewelry, and similar items. son violating this provision shall be fined
not more than $5,000, or imprisoned for not
(c) Any person who desires to repro-
more than two years, or both.
duce the Coast Guard identifying insig-
nia for non-Coast Guard use must first [CGFR 5735, 22 FR 6765, Aug. 22, 1957]
obtain approval from the Commandant,
U.S. Coast Guard, 2100 2nd St. SW., PART 25CLAIMS
Stop 7000, Washington, DC 205937000.
Subpart AGeneral
(Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1);
49 CFR 1.46(b)) Sec.
[CGFR 7095, 35 FR 12541, Aug. 6, 1970, as 25.101 Purpose.
amended by USCG20100351, 75 FR 36278, 25.103 Information and assistance.
June 25, 2010] 25.105 Definitions.
25.107 Who may present claims.
23.15 Coast Guard ensign. 25.109 Insurance and other subrogated
claims.
The Coast Guard ensign has sixteen 25.111 Action by claimant.
perpendicular stripes alternate red and 25.113 Contents of claim.
94
25.115 Evidence supporting a claim. 25.803 Claims payable.
25.117 Proof of amount claimed for personal 25.805 Claims not payable.
injury or death.
AUTHORITY: 14 U.S.C. 633; 49 CFR 1.45(a); 49
25.119 Proof of amount claimed for loss of,
CFR 1.45(b); 49 CFR 1.46(b), unless otherwise
or damage to, property.
noted.
25.121 Effect of other payments to claimant.
25.123 Settlement and notice to claimant. SOURCE: CGD 80033, 46 FR 27109, May 18,
25.125 Appeal. 1981, unless otherwise noted.
25.127 Reconsideration.
25.129 Acceptance of offer of settlement.
25.131 Delegation of authority.
Subpart AGeneral
25.133 Redelegation of authority.
25.135 Processing and settlement of claims
25.101 Purpose.
in foreign countries. This subpart prescribes the require-
ments for the administrative settle-
Subpart BAdmiralty Claims ment of claims against the United
25.201 Scope. States, other than claims against the
25.203 Claims payable. Oil Spill Liability Trust Fund under
25.205 Claims not payable. part 136 of this chapter and contract
25.207 Time limitation on claims. claims, but including claims arising
from acts or omissions of employees of
Subpart CFederal Tort Claims non-appropriated fund activities within
25.301 Scope. the United States, its territories, and
25.303 Procedure. possessions.
[USCG20019286, 66 FR 33639, June 25, 2001]
Subpart DMilitary Claims
25.401 Scope. 25.103 Information and assistance.
25.403 Claims payable. Any person who desires to file a
25.405 Claims not payable. claim against the United States Coast
25.407 Time limitation on claims.
25.409 Appeal.
Guard arising out of the activities of
the Coast Guard may obtain informa-
Subpart EForeign Claims tion and assistance from the Coast
Guard Legal Service Command, Claims
25.501 Scope. Division (LSC5), located at 300 East
25.503 Proper claimants. Main Street, Suite 400, Norfolk, VA
25.505 Claimants excluded.
25.507 Claims payable.
235109100, or from Commandant (CG
25.509 Claims not payable. 0945), 2100 2nd St., SW., Stop 7121,
25.511 Time limitation on claims. Washington, DC 205937121, or from the
25.513 Amount claimed. Commander of any Coast Guard Dis-
25.515 Settlement and notice to claimant. trict listed in 33 CFR Part 3.
Subpart FClaims Not Cognizable Under [CGD 87008b, 52 FR 25217, July 6, 1987, as
amended by CGD 97023, 62 FR 33362, June 19,
Other Law
1997; USCG20019286, 66 FR 33639, June 25,
25.601 Scope. 2001; USCG20100351, 75 FR 36278, June 25,
25.603 Claims payable. 2010]
25.605 Claims not payable.
25.607 Time limitation on claims. 25.105 Definitions.
25.609 Settlement and notice to claimant. Accrual date. The day on which the
alleged wrongful act or omission re-
Subpart GArticle 139, Uniform Code of sults in injury or damage for which a
Military Justice claim is made or when the claimant
25.701 Scope. discovers, or in the exercise of reason-
25.703 Claims payable. able diligence should have discovered,
25.705 Claims not payable. the alleged wrongful act or omission.
25.707 Time limitation on claims. Claim. A written notification of an
25.709 Assessment limitation on claims. incident accompanied by demand for
the payment of a sum certain of
Subpart HPollution Removal Damage
money, other than for ordinary obliga-

Claims
tions incurred for services, supplies, or
25.801 Scope. equipment.
95
25.107 33 CFR Ch. I (7110 Edition)
Settle. To consider, ascertain, adjust, the settlement authority. If the total

determine, compromise (when specifi- award of the combined claims exceeds,
cally authorized by law), and dispose of or is expected to exceed, a settlement
a claim by disapproval or approval, in authoritys limits, the settlement au-
whole or in part. thority is not permitted to consider ei-
Settlement authority. A person author- ther, and the claim file will be for-
ized to settle a claim. warded to an appropriate settlement
[CGD 80033, 46 FR 27109, May 18, 1981; 46 FR authority.
29933, June 4, 1981] (b) An insured (subrogor) and an in-
surer (subrogee) may file a claim joint-
25.107 Who may present claims. ly or separately. If the insurer has
(a) General rules: fully reimbursed the insured, payment
(1) A claim for property loss or dam- will only be made to the insurer. If sep-
age may be presented by anyone having arate claims are filed, the settlement
an interest in the property, including will be made payable to each claimant
an insurer or other subrogee, unless to the extent of that claimants undis-
the interest is barred under 25.109(a). puted interest. If joint claims are filed,
(2) A claim for personal injury may the settlement will be sent to the in-
be presented by the person injured. surer.
(3) A claim based on death may be (c) Each claimant shall include with
presented by the executor or adminis- a claim, a written disclosure con-
trator of the decedents estate, or any cerning insurance coverage including:
other person legally entitled to assert (1) The names and addresses of all in-
such a claim under local law. The surers;
claimants status must be stated in the (2) The kind and amount of insur-
claim. ance;
(4) A claim for medical, hospital, or (3) The policy number;
burial expenses may be presented by (4) Whether a claim has been or will
any person who by reason of family re- be presented to an insurer, and, if so,
lationship has, in fact, incurred the ex- the amount of that claim; and whether
penses. the insurer has paid the claim in whole
(b) A joint claim must be presented or in part, or has indicated payment
in the names of and signed by, the joint will be made.
claimants, and the settlement must be (d) Each subrogee shall substantiate
made payable to the joint claimants. an interest or right to file a claim by
(c) A claim may be presented by a appropriate documentary evidence and
duly authorized agent, legal represent- shall support the claim as to liability
ative or survivor, if it is presented in and measure of damages in the same
the name of the claimant. If the claim manner as required of any other claim-
is not signed by the claimant, the ant. Documentary evidence of payment
agent, legal representative, or survivor to a subrogor does not constitute evi-
shall indicate their title or legal capac- dence of liability of the United States
ity and provide evidence of their au- or conclusive evidence of the amount
thority to present the claim. of damages. The settlement authority
(d) Where the same claimant has a makes an independent determination
claim for damage to or loss of property on the issues of fact and law based
and a claim for personal injury or a upon the evidence of record.
claim based on death arising out of the (e) An insurance or other subrogated
same incident, they must be combined claim is not payable under Subpart E,
in one claim. F, or G of this part.
25.109 Insurance and other sub- 25.111 Action by claimant.

rogated claims. (a) Form of claim. The claim must
(a) The claims of an insured meet the requirements of 25.113. Au-
(subrogor) and an insurer (subrogee) for thorized forms are available from the
damages arising out of the same inci- offices indicated in 25.103.
dent constitute a single claim. The (b) Presentation. Whenever possible,

total award of combined claims may the claim must be presented to the
not exceed the monetary jurisdiction of Coast Guard Legal Service Command,
96
Claims Division (LSC5), located at 300 (7) The nature and extent of the in-
East Main Street, Suite 400, Norfolk, jury, as applicable;
VA 235109100. If that is not possible, (8) The full name, title, if any, and
the claim may also be presented to: address of any witness to the incident
(1) The commanding officer of the and a brief statement of the witness
Coast Guard unit involved; knowledge of the incident;
(2) A Coast Guard unit convenient to (9) A description of any insurance
the claimant; or carried by the claimant or owner of the
(3) Chief, Office of Claims and Litiga- property and the status of any insur-
tion, Chief Counsel, (CG0945), 2100 2nd ance claim arising from the incident;
St., SW., Stop 7121, Washington, DC and
205937121. (10) An agreement by the claimant to
NOTE TO PARAGRAPH (b): In a foreign coun-
try, where there is no Coast Guard unit, the
accept the total amount claimed in full
claim is considered presented to the Coast satisfaction and final settlement of the
Guard if it is presented to the military atta- claim.
che of any United States embassy or con- (c) A claimant or duly authorized
sulate or to the commanding officer of any agent or legal representative must sign
unit of the armed services of the United in ink a claim and any amendment to
States. that claim. If the persons signature
(c) Time. The time limits for pre- does not include the first name, middle
senting claims are contained in the fol- initial, if any, and surname, that infor-
lowing subparts addressing particular mation must be included in the claim.
claim statutes.
A married woman must sign her claim
[CGD 80033, 46 FR 27109, May 18, 1981, as in her given name, e.g., Mary A. Doe,
amended by CGD 87008b, 52 FR 25217, July 6, rather than Mrs. John Doe.
1987; CGD 97023, 62 FR 33362, June 19, 1997;
USCG20019286, 66 FR 33639, June 25, 2001; 25.115 Evidence supporting a claim.
USCG20090416, 74 FR 27437, June 10, 2009;
USCG20100351, 75 FR 36278, June 25, 2010] The claimant shall present inde-
pendent evidence to support a claim.
25.113 Contents of claim. This evidence may include, if available,
(a) A claim under the Federal Tort statements of witnesses, accident or
Claims Act must be presented using casualty reports, photographs and
Standard Form 95, Claim for Damage, drawings.
Injury, or Death.
(b) A claim under any other Act may 25.117 Proof of amount claimed for
be presented using Standard Form 95. personal injury or death.
Any claim which is not presented using The following evidence must be pre-
Standard Form 95 shall include: sented when appropriate:
(1) The identity of the department, (a) Itemized medical, hospital, and
agency, or activity whose act or omis- burial bills.
sion gave rise to the claim; (b) A written report by the attending
(2) The full name and mailing address physician including:
of the claimant. If this mailing address (1) The nature and extent of the in-
is not claimants residence, the claim- jury and the treatment,
ant shall also include residence ad-
(2) The necessity and reasonableness
dress;
of the various medical expenses in-
(3) The date, time, and place of the
curred,
incident giving rise to the claim;
(4) The amount claimed, supported by (3) Duration of time injuries pre-
independent evidence of property dam- vented or limited employment,
age or loss, personal injury, or death, (4) Past, present, and future limita-
as applicable; tions on employment,
(5) A detailed description of the inci- (5) Duration and extent of pain and
dent giving rise to the claim; suffering and of any disability or phys-
(6) A description of any property ical disfigurement,
(6) A current prognosis,
damage or loss, including the identity

of the owner, if other than the claim- (7) Any anticipated medical expenses,
ant, as applicable; and
97
25.119 33 CFR Ch. I (7110 Edition)
(8) Any past medical history of the not deductible from any bill submitted
claimant relevant to the particular in- to claimant.
jury alleged. (b) For each particular damaged item
NOTE: An examination by an independent which can be economically repaired,
medical facility or physician may be re- evidence of cost of repairs such as a
quired to provide independent medical evi- receipted bill and one estimate, or two
dence against which to evaluate the written estimates, from separate disinterested
report of the claimants physician. The set-
tlement authority determines the need for
repairmen. The settlement authority
this examination, makes mutually conven- may waive these requirements when
ient arrangements for such an examination, circumstances warrant. The cost of any
and bears the costs thereof. estimate may be included as an ele-
(c) All hospital records or other med- ment of damage if not deductible from
ical documents from either this injury any repair bill submitted to claimant.
or any relevant past injury. (c) For any claim which may result
(d) If the claimant is employed, a in payment in excess of $20,000.00, a
written statement by the claimants survey or appraisal shall be performed
employer certifying the claimants: as soon as practicable after the damage
(1) Age, accrues, and, unless waived in writing,
(2) Occupation, shall be performed jointly with a gov-
(3) Hours of employment, ernment representative.
(4) Hourly rate of pay or weekly sal- (d) If the item is so severely damaged
ary, that it cannot be economically re-
(5) Time lost from work as a result of paired or used, it shall be treated as a
the incident, and lost item.
(6) Claimants actual period of em- (e) If a claim includes loss of earn-
ployment, full-time or part-time, and ings or use during repairs to the dam-
any effect of the injury upon such em- aged property, the following must also
ployment to support claims for lost be furnished and supported by com-
earnings. petent evidence:
(e) If the claimant is self-employed, (1) The date the property was dam-
written statements, or other evidence aged;
showing: (2) The name and location of the re-
(1) The amount of earnings actually pair facility;
lost, and (3) The beginning and ending dates of
(2) The Federal tax return if filed for repairs and an explanation of any delay
the three previous years. between the date of damage and the be-
(f) If the claim arises out of injuries ginning date;
to a person providing services to the (4) A complete description of all re-
claimant, statement of the cost nec- pairs performed, segregating any work
essarily incurred to replace the serv- performed for the owners account and
ices to which claimant is entitled not attributable to the incident in-
under law. volved, and the costs thereof;
(5) The date and place the property
25.119 Proof of amount claimed for was returned to service after comple-
loss of, or damage to, property. tion of repairs, and an explanation, if
The following evidence must be pre- applicable, of any delay;
sented when appropriate: (6) Whether or not a substitute for
(a) For each particular lost item, evi- the damaged property was available. If
dence of its value such as a bill of sale a substitute was used by the claimant
and a written appraisal, or two written during the time of repair, an expla-
appraisals, from separate disinterested nation of the necessity of using the
dealers or brokers, market quotations, substitute, how it was used, and for
commercial catalogs, or other evidence how long, and the costs involved. Any
of the price at which like property can costs incurred that would have been
be obtained in the community. The set- similarly incurred by the claimant in
tlement authority may waive these re- using the damaged property must be
quirements when circumstances war- identified;

rant. The cost of any appraisal may be (7) Whether or not during the course
included as an element of damage if of undergoing repairs the property
98
would have been used, and an expla- (b) If the settlement authority deter-
nation submitted showing the identity mines that less than the full amount
of the person who offered that use, the claimed should be paid, the settlement
terms of the offer, time of prospective authority:
service, and rate of compensation; and (1) Notifies the claimant in writing of
(8) If at the time of damage the prop- the proposed settlement.
erty was under charter or hire, or was (2) Obtains from the claimant written
otherwise employed, or would have acceptance and release for payment of
been employed, the claimant shall sub- the claim in the reduced amount.
mit a statement of operating expenses (3) Advises the claimant, in the event
that were, or would have been, in- claimant does not desire to accept the
curred. This statement shall include offer, to reply within 45 days giving
wages and all bonuses which would reasons for rejection.
have been paid, the value of fuel and (4) Except upon a showing of good
the value of consumable stores, sepa- cause for delay in accepting a proposed
rately stated, which would have been settlement within 45 days, treats the
consumed, and all other costs of oper- non-acceptance as a rejection. Rejec-
ation which would have been incurred tion by a claimant of an offer of settle-
including, but not limited to, license ment renders the offer void.
and parking fees, personnel expenses, (5) If a claimant rejects a proposed
harbor fees, wharfage, dockage, shed- settlement or fails to reply within 45
ding, stevedoring, towage, pilotage, in- days, the settlement authority may
spection, tolls, lockage, anchorage and make further efforts to settle the
moorage, grain elevation, storage, and claim. When the settlement authority
customs fees. determines that further efforts to set-
(f) For each item which is lost, actual tle the claim are not warranted, the
or constructive, proof of ownership. settlement authority notifies the
claimant in writing by registered or
25.121 Effect of other payments to certified mail, return receipt re-
claimant. quested, that the claim has been denied
The total amount to which the because the amount claimed is exces-
claimant may be entitled is normally sive.
computed as follows: (c) If the claim is denied, the settle-
(a) The total amount of the loss, ment authority notifies the claimant
damage, or personal injury suffered for in writing by registered or certified
which the United States is liable, less mail, return receipt requested.
any payment the claimant has received
from the following sources: 25.125 Appeal.
(1) The military member or civilian The final denial of a claim by a set-
employee who caused the incident; tlement authority or a partial approval
(2) The military members or civilian by a settlement authority is not sub-
employees insurer; and ject to appeal except under the proce-
(3) Any joint tort-feasor or insurer. dures prescribed for Military Claims in
(b) No deduction is generally made Subpart D of this part.
for any payment the claimant has re-
ceived by way of voluntary contribu- 25.127 Reconsideration.
tions, such as donations of charitable (a) The settlement authority may re-
organizations. consider a claim upon the authoritys
own initiative or upon request of the
25.123 Settlement and notice to claimant or someone acting on the
claimant. claimants behalf.
(a) If the settlement authority deter- (b) A request for reconsideration
mines that the full amount claimed must be in writing and include the
should be paid, the settlement author- legal or factual grounds for the relief
ity forwards the claim to the dis- requested.
bursing officer for payment. If the time (c) Following any investigation or
involved in settling the claim has been other action deemed necessary for re-
extensive, the settlement authority no- consideration of the original action,
tifies the claimant. the settlement authority reconsiders
99
25.129 33 CFR Ch. I (7110 Edition)
the claim and if warranted attempts to (10) To carry out the functions of the
settle it. When further settlement ef- head of an agency under the Military
forts appear unwarranted, the settle- Personnel and Civilian Employees
ment authority notifies the claimant Claims Act, as amended (31 U.S.C.
in writing by certified or registered 3721);
mail, return receipt requested, that the (11) To carry out the functions of the
relief requested is denied. head of an agency under the Federal
(d) For the effect of reconsideration Claims Collection Act of 1966, as
under the Federal Tort Claims Act see amended (31 U.S.C. 3711);
28 CFR Part 14. (12) To carry out the functions of the
head of the department under the Fed-
25.129 Acceptance of offer of settle- eral Medical Care Recovery Act (42
ment. U.S.C. 26512653);
Claimants acceptance of an offer of (13) To review and approve for pay-
settlement is a complete release of any ment any voucher for payment of a
claim against the United States and claim for $25 or less the authority for
against the military or civilian per- payment of which is questioned by a
sonnel of the Coast Guard whose act or certifying or disbursing officer;
omission gave rise to the claim. (14) To establish procedures con-
sistent with the applicable statutes
25.131 Delegation of authority. and regulations for the administration
(a) The Chief Counsel is delegated the of all claims.
following authority: NOTE: Under the Military Claims Act (10
(1) To carry out the functions of the U.S.C. 2733), the Secretary has authorized
Secretary and to exercise the Com- the Chief Counsel to settle and pay claims,
mandants authority as commanding see 49 CFR 1.46(j).
officer for all Coast Guard personnel in (b) The Director of Finance and Pro-
regard to claims brought under Article curement is delegated the authority to
139, Uniform Code of Military Justice carry out the functions of the head of
(10 U.S.C. 939); an agency under the Federal Claims
(2) To carry out the functions of an Collection Act of 1966, as amended (31
officer designated by the Secretary U.S.C. 3711).
under the so-called Foreign Claims [CGD 80033, 46 FR 27109, May 18, 1981, as
Act, as amended (10 U.S.C. 2734); amended by CGD 82112, 48 FR 4773, Feb. 3,
(3) To request that the Department of 1983; USCG20019286, 66 FR 33639, June 25,
Defense pay any meritorious claims 2001]
arising under International Agree-
ments in accordance with Title 10 25.133 Redelegation of authority.
U.S.C. 2734a and 2734b; The authority delegated in 25.131
(4) To carry out the functions of the and in 49 CFR 1.46(j) to the Chief Coun-
Secretary under the Act of October 9, sel may, unless otherwise limited, be
1962, as amended (10 U.S.C. 2737); redelegated in whole or in part to set-
(5) To carry out the functions of the tlement authorities established by the
Secretary under the Act of August 16, Chief Counsel. Information concerning
1937, as amended (14 U.S.C. 642); current settlement authorities is avail-
(6) To carry out the functions of the able from the offices indicated in
Secretary under the Act of June 15, 25.103.
1936, as amended (14 U.S.C. 646);
(7) To carry out the functions of the 25.135 Processing and settlement of
Secretary under the Act of August 4, claims in foreign countries.
1949, as amended (14 U.S.C. 647); (a) In certain countries, the Depart-
(8) To carry out the functions of the ment of Defense has assigned single-
Secretary under the Act of February service responsibility for the settle-
19, 1941, as amended (14 U.S.C. 830); ment of claims arising under the For-
(9) To carry out the functions of the eign Claims Act, Military Claims Act,
head of a Federal agencys designee Nonscope of Employment Claims Act,

under the Federal Tort Claims Act, as Federal Medical Care Recovery Act,
amended (28 U.S.C. 2672); and Federal Claims Collection Act.
100
(b) In a country where single-service the armed services of the United States
claims responsibility has been as- in combat;
signed, claims against the United (b) Is purely contractual in nature;
States cognizable under the acts ref- (c) Is for death or personal injury of
erenced in paragraph (a) of this section a United States employee for whom
are processed and settled by the service benefits are provided under the Federal
assigned responsibility. Employees Compensation Act, or any
(c) A list of countries assigned to a other system of compensation where
single-service is available from the contribution is made or insurance pre-
military attache at any United States miums paid directly or indirectly by
embassy or consulate. the United States on behalf of the in-
(d) In a country not assigned to a sin- jured employee;
gle-service, the rules for presenting (d) Is one for which a foreign country
claims may be found in 25.111, and the is responsible under Article VIII of the
claim will be settled by the Coast Agreement Regarding the Status of
Guard. Forces of Parties to the North Atlantic
Treaty, or other similar treaty agree-
Subpart BAdmiralty Claims ment;
(e) Arises from private or domestic
AUTHORITY: 14 U.S.C. 646; 14 U.S.C. 633; 49
obligations as distinguished from gov-
CFR 1.46(b). ernmental transactions; or
(f) Is for damage to or loss of per-
25.201 Scope. sonal property of military personnel or
This subpart prescribes the require- civilian employees which is cognizable
ments for the administrative settle- under the Military Personnel and Civil-
ment of maritime tort claims against ian Employees Claims Act, as amend-
the United States for death, personal ed.
injury, damage to or loss of property 25.207 Time limitation on claims.
caused by a vessel or other property in
the service of the Coast Guard, or a (a) A settlement authority may ad-
maritime tort committed by an agent ministratively settle and approve a
of the Coast Guard, and for claims for claim for final payment within two
towage and salvage services rendered years from the date that the cause of
to a Coast Guard vessel or property. action accrues. Otherwise, the claim is
barred. This two-year period is not ex-
25.203 Claims payable. tended by presenting a claim nor by ne-
A claim is payable under this subpart gotiations or correspondence. The ex-
if it is: istence of an administrative claim does
(a) A claim for death, personal in- not extend the two year statute of lim-
jury, damage to or loss of real or per- itations in 46 U.S.C. 745.
sonal property arising from a maritime (b) If a complaint is filed in a Federal
tort caused by an agent or employee of District Court before the expiration of
the Coast Guard, or a vessel or other the two-year period, an administrative
property in the service of the Coast settlement may be negotiated by the
Guard, including an auxiliary facility settlement authority only with the
operated under specific orders and act- consent of the Department of Justice.
ing within the scope of such orders; or Payment is made upon final dismissal
(b) A claim for compensation for tow- of the complaint.
age and salvage services rendered to a
vessel in the service of the Coast Guard Subpart CFederal Tort Claims
or to other property under the jurisdic-
tion of the Coast Guard. AUTHORITY: 28 U.S.C. 2672; 28 CFR 14.11; 49
CFR 1.45(a)(2); 49 CFR 1.45(a)(3).
A claim is not payable under this 25.301 Scope.
subpart if it: This subpart prescribes the require-

(a) Results from action by an enemy, ments for the administrative settle-
or directly or indirectly from an act of ment of claims against the United
101
25.303 33 CFR Ch. I (7110 Edition)
States arising out of Coast Guard ac- (c) Results wholly or partly from the
tivities under the Federal Tort Claims negligent or wrongful act of the claim-
Act. ant, claimants agent, or claimants
employee, unless comparative neg-
25.303 Procedure. ligence is applicable under local law;
A claim shall be presented and proc- (d) Is for death or personal injury of
essed in accordance with 28 CFR Part a United States employee for whom
14. Should there be a conflict between benefits are provided under the Federal
the provisions of 33 CFR Part 25, Sub- Employees Compensation Act, Long-
part A and the Department of Justice shoremens and Harbor Workers Com-
regulations in 28 CFR Part 14, the De- pensation Act, or any other system of
partment of Justice regulations gov- compensation where contribution is
ern. made or insurance premiums paid di-
rectly or indirectly by the United
States on behalf of the injured em-
Subpart DMilitary Claims ployee;
(e) Is cognizable under Subpart C or
AUTHORITY: 10 U.S.C. 2733; 49 CFR 1.46(j). E of this part;
(f) Is for reimbursement for medical,
25.401 Scope.
hospital, or burial services furnished at
This subpart prescribes the require- the expense of the United States;
ments for the administrative settle- (g) Is one of the following exceptions
ment of claims against the United to the Federal Tort Claims Act, 28
States arising out of the activities of U.S.C. 2680 (a), (b), (e), (f), (h), or (j).
the Coast Guard under the Military (However, a claim falling within the
Claims Act. exception contained in 28 U.S.C. 2680
(b) is payable when not prohibited by
25.403 Claims payable. paragraph (i) of this section.);
A claim arising at any place caused (h) Results from a specific risk which
by military personnel or civilian em- the claimant assumed in writing before
ployees of the Coast Guard acting with- the incident giving rise to the claim;
in the scope of their employment, or (i) Is for damage to or loss of a letter
otherwise incident to noncombat ac- or postal matter while in the posses-
tivities of the Coast Guard, whether or sion of the Postal Service;
not negligence or intentional tort is (j) Is for rent, or other payments in-
shown, is payable under this subpart volving the acquisition, use, posses-
for: sion, or disposition of real property or
(a) Damage to or loss of real prop- interests therein by and for the Coast
erty, including damage or loss incident Guard except as provided in 25.403(a);
to the use and occupancy of real prop- (k) Is for the taking of private prop-
erty by the Coast Guard; erty by trespass except for actual phys-
(b) Damage to or loss of personal ical damage; or
property, including property bailed to (l) Is for personal injury or death of a
the Coast Guard; member or civilian employee of the
(c) Damage to or loss of registered or armed services of the U.S. whose death
insured mail while the mail is in the or injury was incident to service.
possession of the Coast Guard even [CGD 80033, 46 FR 27109, May 18, 1981, as
though damaged or lost by criminal amended by CGD 87008b, 52 FR 25218, July 6,
act; or 1987]
(d) Death or personal injury.
25.405 Claims not payable. (a) A claim may be settled only if
A claim is not payable under this presented in writing within two years
subpart if it: after it accrues, except that if it ac-
(a) Results from action by an enemy crues in time of war or armed conflict,
or directly or indirectly from an act of or if war or armed conflict intervenes
the armed services of the United States within two years after it accrues, and
in combat; if good cause is shown, the claim may
(b) Is purely contractual in nature; be presented not more than two years
102
after the termination of the war or and must not be otherwise excluded by
armed conflict. 25.505. It is not necessary that a
(b) For the purposes of this section, a claimant be a citizen of, or legal domi-
war or armed conflict is one in which ciliary of the foreign country.
an armed service of the United States (b) A corporation or other organiza-
is engaged. The dates of commence- tion doing business in a foreign coun-
ment and termination of an armed con- try on a permanent basis may qualify
flict will be as established by concur- as a proper claimant although orga-
rent resolution of Congress or by deter- nized under United States law.
mination of the President. (c) The government of a foreign coun-
try or a political subdivision thereof is
25.409 Appeal. a proper claimant unless excluded by
(a) A claimant may submit an appeal, waiver provisions of applicable inter-
in writing, through the settlement au- national agreements.
thority disapproving the claim or ap-
25.505 Claimants excluded.
proving the claim in part.
(1) The appeal shall set forth fully (a) Civilian employees of the United
the legal or factual bases asserted as States and members of the armed serv-
grounds for the appeal; and ices of the United States and their de-
(2) The appeal is permitted only if it pendents, who are in a foreign country
is postmarked within 45 days after re- primarily because of their own or their
ceipt of (i) notice of disapproval of the sponsors duty status.
claim or (ii) offer of settlement in a re- (b) Other citizens of the United
duced amount. States, its territories, commonwealths,
(b) The disapproval of a claim is final or possessions, unless they can estab-
unless the claimant submits a request lish their status as inhabitants of the
for reconsideration or an appeal in foreign country.
writing. (c) An insurer or other subrogee.
(c) Upon receipt of an appeal, the set-
tlement authority examines it and for-
wards it with the claim file, opinions, (a) A claim is payable under this sub-
and recommendations to the next high- part if it was incident to a noncombat
er settlement authority. activity of the Coast Guard or was
caused by:
(1) A military member of the Coast
Subpart EForeign Claims Guard;
(2) A civilian employee of the Coast
AUTHORITY: 10 U.S.C. 2734; 49 CFR 1.46(b). Guard who is not a national of the
country in which the incident oc-
25.501 Scope.
curred; or
This subpart prescribes the require- (3) A civilian employee of the Coast
ments for the administrative settle- Guard who is a national of the country
ment of claims against the United in which the incident occurred if:
States by a foreign country, political (i) The employee was within the
subdivision or inhabitant thereof, for scope of employment, or
death, personal injury, damage to or (ii) An employer or owner of the
loss of property occurring outside the property involved would be liable under
United States, its territories, common- local law.
wealths, or possessions, caused by a (b) The fact that the act giving rise
military member or civilian employee to a claim may constitute a crime does
of the Coast Guard, or otherwise inci- not, by itself, bar relief.
dent to noncombat activities of the (c) Local law or custom pertaining to
Coast Guard. contributory or comparative neg-
ligence, and to joint tort-feasors, are
25.503 Proper claimants. applied to the extent practicable.
(a) The claimant, or the decedent in
a death case, must have been an inhab-

itant of a foreign country at the time A claim is not payable under this
of the incident giving rise to the claim subpart if it:
103
25.511 33 CFR Ch. I (7110 Edition)
(a) Results from action by an enemy Subpart FClaims Not Cognizable

or directly or indirectly from an act of Under Other Law
the armed services of the United States
in combat; AUTHORITY: 10 U.S.C. 2737; 49 CFR 1.45(a)(2).
(b) Is purely contractual in nature;
(c) Is for death or personal injury of 25.601 Scope.
a United States employee for whom This subpart prescribes the require-
benefits are provided under the Federal ments for the administrative settle-
Employees Compensation Act, the ment of claims against the United
Longshoremens and Harbor Workers States under 10 U.S.C. 2737 incident to
Compensation Act, or any other sys- use of property of the United States
tem of compensation where contribu- and not cognizable under other law.
tion is made or insurance premiums
paid directly or indirectly by the 25.603 Claims payable.
United States on behalf of the injured A claim for death, personal injury, or
employee; damage to or loss of real or personal
(d) Is one for which a foreign country property under this subpart is payable
is responsible under Article VIII of the when caused by a military member or a
Agreement Regarding the Status of civilian employee of the Coast Guard:
Forces of Parties to the North Atlantic (a) Incident to the use of a vehicle of
Treaty, or other similar treaty agree- the United States at any place; or
ment; (b) Incident to the use of any other
(e) Arises from private or domestic property of the United States on a gov-
obligations as distinguished from government installation.
ernmental transactions; 25.605 Claims not payable.
(f) Is a bastardy claim; or
A claim is not payable under this
(g) Involves a patent or copyright in-
subpart if it:
fringement. (a) Is legally recoverable by the
claimant under a compensation statute
or an insurance policy;
A claim may be settled only if pre- (b) Results wholly or partly from the
sented in writing within two years negligent or wrongful act of the claim-
after it accrues. Under appropriate cir- ant, claimants agent or employee;
cumstances, a claim presented orally (c) Is a subrogated claim;
may be considered. (d) Is cognizable under any other pro-
vision of law or regulation adminis-
25.513 Amount claimed. tered by the Coast Guard; or
The claimant shall state the amount (e) Is for any element of damage per-
claimed in the currency of the country taining to death or personal injury,
where the incident occurred or where other than the cost of reasonable med-
ical, hospital, and burial expenses actu-
the claimant resided at the time of the
ally incurred and not otherwise fur-
incident.
nished or paid by the United States.
25.515 Settlement and notice to 25.607 Time limitation on claims.
claimant.
A claim may be settled only if pre-
If a claim is determined to be meri- sented in writing within two years
torious in any amount, a written ac- after it accrues.
ceptance and release or a claim settle-
ment agreement shall be signed by the 25.609 Settlement and notice to
claimant before payment. The release claimant.
executed by the claimant shall release If a claim is determined to be meri-
the United States and also release the torious in any amount, the claimant
tort-feasor or the person who occa- must sign a written acceptance and re-
sioned the damage, injury, or death. lease or a claim settlement agreement

before payment. Although larger
claims may be considered, no claim
104
may be approved or paid in an amount 25.707 Time limitation on claims.

that exceeds $1,000.00.
A claim may be settled only if pre-
sented within 90 days after it accrues
Subpart GArticle 139, Uniform unless good cause is shown for the
Code of Military Justice delay.
AUTHORITY: 10 U.S.C. 939; 49 CFR 1.46(b). 25.709 Assessment limitation on

claims.
25.701 Scope. A claim is permitted in any amount;
This subpart prescribes the require- however, this subpart prohibits any as-
ments for the administrative settle- sessment that exceeds one-half of one
ment of claims under Article 139, Uni- months basic pay against the pay of
form Code of Military Justice, 10 U.S.C. any offender.
939, against military members of the
Coast Guard for damage to property Subpart HPollution Removal
willfully caused by them or loss of Damage Claims
property wrongfully taken by them.
AUTHORITY: 33 U.S.C. 1321(j)(1)(A); 33 U.S.C.
25.703 Claims payable. 1321(1); EO 11735, sec. 5 (a), (b)(3); 49 CFR
A claim for damage to or loss of real 1.46(m).
or personal property caused by a mili-
25.801 Scope.
tary member of the Coast Guard is pay-
able under this subpart when the dam- This subpart prescribes the require-
age or loss results from: ments for the administrative settle-
(a) Willful or intentional acts; ment of claims against the United
(b) Wrongful taking; or States for damage to or loss of prop-
(c) Riotous, violent, and reckless con- erty resulting from containment or re-
duct or acts of depredation by an indi- moval activities during Phase III or IV
vidual or group that evidences willful- of the National Contingency Plan,
ness. under the Federal Water Pollution
Control Act, as amended. 33 U.S.C. 1321.
A claim is not payable under this
subpart if it: A claim for damage to or loss of real
or personal property is payable under
(a) Is for death or personal injury;
this subpart if:
(b) Results wholly or partly from the
(a) Caused by the United States, its
grossly negligent, or reckless act of the
employees, agents or contractors dur-
claimant, claimants agent or em- ing containment, countermeasures,
ployee; cleanup, mitigation, and disposal ac-
(c) Is a subrogated claim; tivities under the National Contin-
(d) Is for damage to or loss of prop- gency Plan; and
erty owned by the United States or (b) In the exercise of care reasonable
property of a Nonappropriated Fund under the circumstances, the incident
Activity; giving rise to the claim was necessary
(e) Results from negligence; and the damage unavoidable.
(f) Is for indirect or remote damages;
(g) Is for damage to or loss of prop- 25.805 Claims not payable.
erty resulting from the act or omission A claim is not payable under this
of a member of the Coast Guard acting subpart if it:
within the scope of the members em- (a) Is for death or personal injury; or
ployment; (b) Arises out of activities to contain
(h) Extends to damage or loss that or remove a discharge of oil or other
results from the owners failure to
hazardous polluting substance from a

mitigate damages; or United States or foreign public vessel
(i) Has been paid by a third party. or federally controlled facility.
105
PART 26VESSEL BRIDGE-TO- Vessel Traffic Services (VTS) means a

BRIDGE RADIOTELEPHONE REGU- service implemented under Part 161 of
LATIONS this chapter by the United States
Coast Guard designed to improve the
Sec.
safety and efficiency of vessel traffic
26.01 Purpose. and to protect the environment. The
26.02 Definitions. VTS has the capability to interact
26.03 Radiotelephone required. with marine traffic and respond to traf-
26.04 Use of the designated frequency. fic situations developing in the VTS
26.05 Use of radiotelephone. area.
26.06 Maintenance of radiotelephone; failure
Vessel Traffic Service Area or VTS Area
of radiotelephone.
26.07 Communications. means the geographical area encom-
26.08 Exemption procedures. passing a specific VTS area of service
26.09 List of exemptions. as described in Part 161 of this chapter.
AUTHORITY: 14 U.S.C. 2, 33 U.S.C. 12011208;
This area of service may be subdivided
Pub. L. 107295, 116 Stat. 2064; Department of into sectors for the purpose of allo-
Homeland Security Delegation No. 0170. Rule cating responsibility to individual Ves-
1, International Regulations for the Preven- sel Traffic Centers or to identify dif-
tion of Collisions at Sea. ferent operating requirements.
SOURCE: CGD 71114R, 37 FR 12720, June 28, NOTE: Although regulatory jurisdiction is
1972, unless otherwise noted. limited to the navigable waters of the United
States, certain vessels will be encouraged or
26.01 Purpose. may be required, as a condition of port
(a) The purpose of this part is to im- entry, to report beyond this area to facili-
plement the provisions of the Vessel tate traffic management within the VTS
Bridge-to-Bridge Radiotelephone Act. area.
This part: (Rule 1, International Regulations for Pre-
(1) Requires the use of the vessel venting Collisions at Sea, 1972 (as rectified);
bridge-to-bridge radiotelephone; EO 11964 (14 U.S.C. 2); 49 CFR 1.46(b))
(2) Provides the Coast Guards inter- [CGD 71114R, 37 FR 12720, June 28, 1972, as
pretation of the meaning of important amended by CGD 77118a, 42 FR 35784, July
terms in the Act; 11, 1977; CGD 90020, 59 FR 36322, July 15, 1994;
(3) Prescribes the procedures for ap- USCG20019044, 68 FR 42601, July 18, 2003]
plying for an exemption from the Act
and the regulations issued under the 26.03 Radiotelephone required.
Act and a listing of exemptions. (a) Unless an exemption is granted
(b) Nothing in this part relieves any under 26.09 and except as provided in
person from the obligation of com- paragraph (a)(4) of this section, this
plying with the rules of the road and part applies to:
the applicable pilot rules. (1) Every power-driven vessel of 20
meters or over in length while navi-
26.02 Definitions. gating;
For the purpose of this part and in- (2) Every vessel of 100 gross tons and
terpreting the Act: upward carrying one or more pas-
Act means the Vessel Bridge-to- sengers for hire while navigating;
Bridge Radiotelephone Act, 33 U.S.C. (3) Every towing vessel of 26 feet or
sections 12011208; over in length while navigating; and
Length is measured from end to end (4) Every dredge and floating plant
over the deck excluding sheer; engaged in or near a channel or fairway
Power-driven vessel means any vessel in operations likely to restrict or af-
propelled by machinery; and fect navigation of other vessels except
Secretary means the Secretary of the for an unmanned or intermittently
Department in which the Coast Guard manned floating plant under the con-
is operating; trol of a dredge.
Territorial sea means all waters as de- (b) Every vessel, dredge, or floating
fined in 2.22(a)(1) of this chapter. plant described in paragraph (a) of this
Towing vessel means any commercial section must have a radiotelephone on

vessel engaged in towing another vessel board capable of operation from its
astern, alongside, or by pushing ahead. navigational bridge, or in the case of a
106
dredge, from its main control station, ferred to as dual watch capability) will
and capable of transmitting and receiv- not meet the requirements for two radios.
ing on the frequency or frequencies [CGD 91046, 57 FR 14485, Apr. 21, 1992; 57 FR
within the 156162 Mega-Hertz band 21740, May 22, 1992, as amended by CGD 90
using the classes of emissions des- 020, 59 FR 36322, July 15, 1994; CGD 95033, 60
FR 28328, May 31, 1995; CGD 92052, 61 FR
ignated by the Federal Communica-
45325, Aug. 29, 1996; CGD19996141, 64 FR
tions Commission for the exchange of 69635, Dec. 14, 1999; USCG200314757, 68 FR
navigational information. 39364, July 1, 2003]
(c) The radiotelephone required by
paragraph (b) of this section must be 26.04 Use of the designated fre-
carried on board the described vessels, quency.
dredges, and floating plants upon the (a) No person may use the frequency
navigable waters of the United States. designated by the Federal Communica-
(d) The radiotelephone required by tions Commission under section 8 of
paragraph (b) of this section must be the Act, 33 U.S.C. 1207(a), to transmit
capable of transmitting and receiving any information other than informa-
on VHF FM channel 22A (157.1 MHz). tion necessary for the safe navigation
(e) While transiting any of the fol- of vessels or necessary tests.
lowing waters, each vessel described in (b) Each person who is required to
paragraph (a) of this section also must maintain a listening watch under sec-
tion 5 of the Act shall, when necessary,
have on board a radiotelephone capable
transmit and confirm, on the des-
of transmitting and receiving on VHF
ignated frequency, the intentions of his
FM channel 67 (156.375 MHz):
vessel and any other information nec-
(1) The lower Mississippi River from essary for the safe navigation of ves-
the territorial sea boundary, and with- sels.
in either the Southwest Pass safety (c) Nothing in these regulations may
fairway or the South Pass safety fair- be construed as prohibiting the use of
way specified in 33 CFR 166.200, to mile the designated frequency to commu-
242.4 AHP (Above Head of Passes) near nicate with shore stations to obtain or
Baton Rouge; furnish information necessary for the
(2) The Mississippi River-Gulf Outlet safe navigation of vessels.
from the territorial sea boundary, and (d) On the navigable waters of the
within the Mississippi River-Gulf out- United States, channel 13 (156.65 MHz)
let Safety Fairway specified in 33 CFR is the designated frequency required to
166.200, to that channels junction with be monitored in accordance with
the Inner Harbor Navigation Canal; 26.05(a) except that in the area pre-
and scribed in 26.03(e), channel 67 (156.375
(3) The full length of the Inner Har- MHz) is the designated frequency.
bor Navigation Canal from its junction (e) On those navigable waters of the
with the Mississippi River to that ca- United States within a VTS area, the
nals entry to Lake Pontchartrain at designated VTS frequency is an addi-
the New Seabrook vehicular bridge. tional designated frequency required to
be monitored in accordance with 26.05.
(f) In addition to the radiotelephone
required by paragraph (b) of this sec- (85 Stat. 164; 33 U.S.C. 12011208; 49 CFR
tion, each vessel described in para- 1.46(n)(2))
graph (a) of this section while [CGD 71114R, 37 FR 12720, June 28, 1982, as
transiting any waters within a Vessel amended by CGD 83036, 48 FR 30107, June 30,
Traffic Service Area, must have on 1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992; 57
board a radiotelephone capable of FR 21741, May 22, 1992; CGD 90020, 59 FR
36323, July 15, 1994; CGD 95033, 60 FR 28329,
transmitting and receiving on the VTS May 31, 1995]
designated frequency in Table 161.12(c)
(VTS and VMRS Centers, Call Signs/ 26.05 Use of radiotelephone.
MMSI, Designated Frequencies, and
Section 5 of the Act states that the
Monitoring Areas).
radiotelephone required by this Act is

NOTE: A single VHF-FM radio capable of for the exclusive use of the master or
scanning or sequential monitoring (often re- person in charge of the vessel, or the
107
26.06 33 CFR Ch. I (7110 Edition)
person designated by the master or per- Stop 7355, Washington, DC 205937355,

son in charge to pilot or direct the and must state:
movement of the vessel, who shall (1) The provisions of the Act or this
maintain a listening watch on the des- part from which an exemption is re-
ignated frequency. Nothing herein quested; and
shall be interpreted as precluding the (2) The reasons why marine naviga-
use of portable radiotelephone equip- tion will not be adversely affected if
ment to satisfy the requirements of
the exemption is granted and if the ex-
this act.
emption relates to a local communica-
[CGD 93072, 59 FR 39963, Aug. 5, 1994] tion system how that system would
fully comply with the intent of the
26.06 Maintenance of radiotelephone;
failure of radiotelephone. concept of the Act but would not con-
form in detail if the exemption is
Section 6 of the Act states: granted.
(a) Whenever radiotelephone capability is
required by this Act, a vessels radio- [CGD 71114R, 37 FR 12720, June 28, 1972, as
telephone equipment shall be maintained in amended by CGD 73256, 39 FR 9176, Mar. 8,
effective operating condition. If the radio- 1974; CGD 88052, 53 FR 25119, July 1, 1988;
telephone equipment carried aboard a vessel CGD 95057, 60 FR 34150, June 30, 1995; CGD
ceases to operate, the master shall exercise 96026, 61 FR 33663, June 28, 1996; CGD 97023,
due diligence to restore it or cause it to be 62 FR 33362, June 19, 1997; USCG200212471, 67
restored to effective operating condition at FR 41331, June 18, 2002; USCG20100351, 75
the earliest practicable time. The failure of FR 36278, June 25, 2010]
a vessels radiotelephone equipment shall
not, in itself, constitute a violation of this 26.09 List of exemptions.
Act, nor shall it obligate the master of any
vessel to moor or anchor his vessel; however, (a) All vessels navigating on those
the loss of radiotelephone capability shall be waters governed by the navigation
given consideration in the navigation of the rules for Great Lakes and their con-
vessel. necting and tributary waters (33 U.S.C.
26.07 Communications. 241 et seq.) are exempt from the re-
quirements of the Vessel Bridge-to-
No person may use the services of, Bridge Radiotelephone Act and this
and no person may serve as, a person part until May 6, 1975.
required to maintain a listening watch
(b) Each vessel navigating on the
under section 5 of the Act, 33 U.S.C.
1204, unless the person can commu- Great Lakes as defined in the Inland
nicate in the English language. Navigational Rules Act of 1980 (33
U.S.C. 2001 et seq.) and to which the
[CGD 90020, 59 FR 36323, July 15, 1994, as Vessel Bridge-to-Bridge Radio-
amended by CGD 95033, 60 FR 28329, May 31,
1995]
telephone Act (33 U.S.C. 12011208) ap-
plies is exempt from the requirements
26.08 Exemption procedures. in 33 U.S.C. 1203, 1204, and 1205 and the
(a) The Commandant has redelegated regulations under 26.03, 26.04, 26.05,
to the Assistant Commandant for Ma- 26.06, and 26.07. Each of these vessels
rine Safety, Security and Environ- and each person to whom 33 U.S.C.
mental Protection, U.S. Coast Guard 1208(a) applies must comply with Arti-
Headquarters, with the reservation cles VII, X, XI, XII, XIII, XV, and XVI
that this authority shall not be further and Technical Regulations 19 of The
redelegated, the authority to grant ex- Agreement Between the United States
emptions from provisions of the Vessel of America and Canada for Promotion
Bridge-to-Bridge Radiotelephone Act of Safety on the Great Lakes by Means
and this part. of Radio, 1973.
(b) Any person may petition for an
exemption from any provision of the [CGD 72223R, 37 FR 28633, Dec. 28, 1972, as
Act or this part; amended by CGD 74291, 39 FR 44980, Dec. 30,
1974; CGD 83003, 48 FR 7442, Feb. 18, 1983;
(c) Each petition must be submitted
CGD 91046, 57 FR 14486, Apr. 21, 1992]
in writing to U.S. Coast Guard, Marine

Safety, Security and Environmental
Protection, (CG5), 2100 2nd St., SW.,
108
PART 27ADJUSTMENT OF CIVIL 27.3 Penalty Adjustment Table.

MONETARY PENALTIES FOR IN- Table to 27.3 identifies the statutes
FLATION administered by the Coast Guard that
authorize a civil monetary penalty.
AUTHORITY: Secs. 16, Pub. L. 101410, 104 The adjusted maximum penalty is
Stat. 890, as amended by Sec. 31001(s)(1), Pub. the maximum penalty authorized by
L. 104134, 110 Stat. 1321 (28 U.S.C. 2461 note); the Federal Civil Penalties Inflation
Department of Homeland Security Delega- Adjustment Act of 1990, as amended, as
tion No. 0170.1, sec. 2 (106).
determined by the Coast Guard.
SOURCE: USCG20100351, 75 FR 36278, June
25, 2010, unless otherwise noted.
TABLE TO 27.3CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
2010 adjusted
maximum
U.S. code citation Civil monetary penalty description penalty amount
($)
14 U.S.C. 88(c) .................. Saving Life and Property ........................................................................................ 8,000

14 U.S.C. 645(i) ................. Confidentiality of Medical Quality Assurance Records (first offense) .................... 4,000
14 U.S.C. 645(i) ................. Confidentiality of Medical Quality Assurance Records (subsequent offenses) ..... 30,000
16 U.S.C. 4711(g)(1) .......... Aquatic Nuisance Species in Waters of the United States .................................... 35,000
19 U.S.C. 70 ...................... Obstruction of Revenue Officers by Masters of Vessels ....................................... 3,000
19 U.S.C. 70 ...................... Obstruction of Revenue Officers by Masters of Vessels-Minimum Penalty .......... 700
19 U.S.C. 1581(d) .............. Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in 5,000
Charge 1.
19 U.S.C. 1581(d) .............. Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in 1,000
Charge-Minimum Penalty 1.
33 U.S.C. 471 .................... Anchorage Ground/Harbor Regulations General ................................................... 110
33 U.S.C. 474 .................... Anchorage Ground/Harbor Regulations St. Marys river ....................................... 300
33 U.S.C. 495(b) ................ Bridges/Failure to Comply with Regulations 2 ........................................................ 25,000
33 U.S.C. 499(c) ................ Bridges/Drawbridges 2 ............................................................................................ 25,000
33 U.S.C. 502(c) ................ Bridges/Failure to Alter Bridge Obstructing Navigation 2 ....................................... 25,000
33 U.S.C. 533(b) ................ Bridges/Maintenance and Operation 2 .................................................................... 25,000
33 U.S.C. 1208(a) .............. Bridge to Bridge Communication; Master, Person in Charge or Pilot ................... 800
33 U.S.C. 1208(b) .............. Bridge to Bridge Communication; Vessel .............................................................. 800
33 U.S.C. 1232(a) .............. PWSA Regulations ................................................................................................. 40,000
33 U.S.C. 1236(b) .............. Vessel Navigation: Regattas or Marine Parades; Unlicensed Person in Charge 8,000
33 U.S.C. 1236(c) .............. Vessel Navigation: Regattas or Marine Parades; Owner Onboard Vessel ........... 8,000
33 U.S.C. 1236(d) .............. Vessel Navigation: Regattas or Marine Parades; Other Persons ......................... 3,000
33 U.S.C. 1319 .................. Pollution Prevention ................................................................................................ 40,000
33 U.S.C. 1319(2)(A) ......... Pollution Prevention (per violation) ........................................................................ 15,000
33 U.S.C. 1319(2)(A) ......... Pollution Prevention (Maximumrepeated violations) .......................................... 40,000
33 U.S.C. 1319(2)(B) ......... Pollution Prevention (per day of violation) ............................................................. 15,000
33 U.S.C. 1319(2)(B) ......... Pollution Prevention (Maximumrepeated violations) .......................................... 190,000
33 U.S.C. 1321(b)(6)(B)(i) .. Oil/Hazardous Substances: Discharges (Class I per violation) ............................. 15,000
33 U.S.C. 1321(b)(6)(B)(i) .. Oil/Hazardous Substances: Discharges (Class I total under paragraph) .............. 40,000
33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II per day of violation) ................. 15,000
33 U.S.C. 1321(b)(6)(B)(ii) Oil/Hazardous Substances: Discharges (Class II total under paragraph) ............. 190,000
33 U.S.C. 1321(b)(7)(A) ..... Oil/Hazardous Substances: Discharges (per day of violation) Judicial Assess- 40,000
ment.
33 U.S.C. 1321(b)(7)(A) ..... Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Ju- 1,100
dicial Assessment.
33 U.S.C. 1321(b)(7)(B) ..... Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order 40,000
(Judicial Assessment).
33 U.S.C. 1321(b)(7)(C) ..... Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 40,000
1321(j) (Judicial Assessment).
33 U.S.C. 1321(b)(7)(D) ..... Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or 4,000
unit discharged) Judicial Assessment.
33 U.S.C. 1321(b)(7)(D) ..... Oil/Hazardous Substances: Discharges, Gross Negligence-Minimum Penalty 130,000
(Judicial Assessment).
33 U.S.C. 1322(j) ............... Marine Sanitation Devices; Operating .................................................................... 3,000
33 U.S.C. 1322(j) ............... Marine Sanitation Devices; Sale or Manufacture ................................................... 8,000
33 U.S.C. 1608(a) .............. International Navigation Rules; Operator ............................................................... 8,000
33 U.S.C. 1608(b) .............. International Navigation Rules; Vessel .................................................................. 8,000
33 U.S.C. 1908(b)(1) .......... Pollution from Ships; General ................................................................................ 40,000
33 U.S.C. 1908(b)(2) .......... Pollution from Ships; False Statement ................................................................... 8,000
33 U.S.C. 2072(a) .............. Inland Navigation Rules; Operator ......................................................................... 8,000
33 U.S.C. 2072(b) .............. Inland Navigation Rules; Vessel ............................................................................ 8,000
33 U.S.C. 2609(a) .............. Shore Protection; General ...................................................................................... 40,000

33 U.S.C. 2609(b) .............. Shore Protection; Operating Without Permit .......................................................... 15,000
33 U.S.C. 2716a(a) ............ Oil Pollution Liability and Compensation ................................................................ 40,000
109
TABLE TO 27.3CIVIL MONETARY PENALTY INFLATION ADJUSTMENTSContinued

2010 adjusted
maximum
($)
42 U.S.C. 9609(a) .............. Hazardous Substances, Releases, Liability, Compensation (Class I) ................... 35,000
42 U.S.C. 9609(b) .............. Hazardous Substances, Releases, Liability, Compensation (Class II) .................. 35,000
42 U.S.C. 9609(b) .............. Hazardous Substances, Releases, Liability, Compensation (Class II subsequent 100,000
offense).
42 U.S.C. 9609(c) .............. Hazardous Substances, Releases, Liability, Compensation (Judicial Assess- 35,000
ment).
42 U.S.C. 9609(c) .............. Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment 100,000
subsequent offense).
46 U.S.C. App 1505(a)(2) .. Safe Containers for International Cargo ................................................................ 8,000
46 U.S.C. App 1712(a) ...... International Ocean Commerce Transportation-Common Carrier Agreements 6,000
per violation.
46 U.S.C. App 1712(a) ...... International Ocean Commerce Transportation-Common Carrier Agreements 30,000
per violationWillfull violation.
46 U.S.C. App 1712(b) ...... International Ocean Commerce Transportation-Common Carrier Agreements- 60,000
Fine for tariff violation (per shipment).
46 U.S.C. App 1805(c)(2) .. Suspension of Passenger Service ......................................................................... 70,000
46 U.S.C. 2110(e) .............. Vessel Inspection or Examination Fees ................................................................. 8,000
46 U.S.C. 2115 .................. Alcohol and Dangerous Drug Testing .................................................................... 7,000
46 U.S.C. 2302(a) .............. Negligent Operations: Recreational Vessels .......................................................... 6,000
46 U.S.C. 2302(a) .............. Negligent Operations: Other Vessels ..................................................................... 30,000
46 U.S.C. 2302(c)(1) .......... Operating a Vessel While Under the Influence of Alcohol or a Dangerous Drug 7,000
46 U.S.C. 2306(a)(4) .......... Vessel Reporting Requirements: Owner, Charterer, Managing Operator, or 8,000
Agent.
46 U.S.C. 2306(b)(2) .......... Vessel Reporting Requirements: Master ............................................................... 1,100
46 U.S.C. 3102(c)(1) .......... Immersion Suits ...................................................................................................... 8,000
46 U.S.C. 3302(i)(5) ........... Inspection Permit .................................................................................................... 1,100
46 U.S.C. 3318(a) .............. Vessel Inspection; General .................................................................................... 8,000
46 U.S.C. 3318(g) .............. Vessel Inspection; Nautical School Vessel ............................................................ 8,000
46 U.S.C. 3318(h) .............. Vessel Inspection; Failure to Give Notice IAW 3304(b) ........................................ 1,100
46 U.S.C. 3318(i) ............... Vessel Inspection; Failure to Give Notice IAW 3309(c) ......................................... 1,100
46 U.S.C. 3318(j)(1) ........... Vessel Inspection; Vessel 1600 Gross Tons ...................................................... 15,000
46 U.S.C. 3318(j)(1) ........... Vessel Inspection; Vessel < 1600 Gross Tons ...................................................... 3,000
46 U.S.C. 3318(k) .............. Vessel Inspection; Failure to Comply with 3311(b) ............................................... 15,000
46 U.S.C. 3318(l) ............... Vessel Inspection; Violation of 3318(b)3318(f) .................................................... 8,000
46 U.S.C. 3502(e) .............. List/count of Passengers ........................................................................................ 110
46 U.S.C. 3504(c) .............. Notification to Passengers ...................................................................................... 15,000
46 U.S.C. 3504(c) .............. Notification to Passengers; Sale of Tickets ........................................................... 800
46 U.S.C. 3506 .................. Copies of Laws on Passenger Vessels; Master .................................................... 300
46 U.S.C. 3718(a)(1) .......... Liquid Bulk/Dangerous Cargo ................................................................................ 40,000
46 U.S.C. 4106 .................. Uninspected Vessels .............................................................................................. 8,000
46 U.S.C. 4311(b)(1) .......... Recreational Vessels (maximum for related series of violations) .......................... 300,000
46 U.S.C. 4311(b)(1) .......... Recreational Vessels; Violation of 4307(a) ............................................................ 6,000
46 U.S.C. 4311(c) .............. Recreational Vessels .............................................................................................. 1,100
46 U.S.C. 4507 .................. Uninspected Commercial Fishing Industry Vessels ............................................... 8,000
46 U.S.C. 4703 .................. Abandonment of Barges ......................................................................................... 1,100
46 U.S.C. 5116(a) .............. Load Lines .............................................................................................................. 8,000
46 U.S.C. 5116(b) .............. Load Lines; Violation of 5112(a) ............................................................................ 15,000
46 U.S.C. 5116(c) .............. Load Lines; Violation of 5112(b) ............................................................................ 8,000
46 U.S.C. 6103(a) .............. Reporting Marine Casualties .................................................................................. 35,000
46 U.S.C. 6103(b) .............. Reporting Marine Casualties; Violation of 6104 ..................................................... 8,000
46 U.S.C. 8101(e) .............. Manning of Inspected Vessels; Failure to Report Deficiency in Vessel Com- 1,100
plement.
46 U.S.C. 8101(f) ............... Manning of Inspected Vessels ............................................................................... 15,000
46 U.S.C. 8101(g) .............. Manning of Inspected Vessels; Employing or Serving in Capacity not Licensed 15,000
by USCG.
46 U.S.C. 8101(h) .............. Manning of Inspected Vessels; Freight Vessel < 100 GT, Small Passenger Ves- 1,100
sel, or Sailing School Vessel.
46 U.S.C. 8102(a) .............. Watchmen on Passenger Vessels ......................................................................... 1,100
46 U.S.C. 8103(f) ............... Citizenship Requirements ....................................................................................... 800
46 U.S.C. 8104(i) ............... Watches on Vessels; Violation of 8104(a) or (b) ................................................... 15,000
46 U.S.C. 8104(j) ............... Watches on Vessels; Violation of 8104(c), (d), (e), or (h) ..................................... 15,000
46 U.S.C. 8302(e) .............. Staff Department on Vessels ................................................................................. 110
46 U.S.C. 8304(d) .............. Officers Competency Certificates .......................................................................... 110
46 U.S.C. 8502(e) .............. Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or In- 15,000
dividual in Charge.
46 U.S.C. 8502(f) ............... Coastwise Pilotage; Individual ................................................................................ 15,000
46 U.S.C. 8503 .................. Federal Pilots .......................................................................................................... 40,000
46 U.S.C. 8701(d) .............. Merchant Mariners Documents .............................................................................. 800

46 U.S.C. 8702(e) .............. Crew Requirements ................................................................................................ 15,000
46 U.S.C. 8906 .................. Small Vessel Manning ............................................................................................ 35,000
110
TABLE TO 27.3CIVIL MONETARY PENALTY INFLATION ADJUSTMENTSContinued

2010 adjusted
maximum
($)
46 U.S.C. 9308(a) .............. Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or 15,000
Individual in Charge.
46 U.S.C. 9308(b) .............. Pilotage: Great Lakes; Individual ........................................................................... 15,000
46 U.S.C. 9308(c) .............. Pilotage: Great Lakes; Violation of 9303 ............................................................... 15,000
46 U.S.C. 10104(b) ............ Failure to Report Sexual Offense ........................................................................... 8,000
46 U.S.C. 10314(a)(2) ........ Pay Advances to Seamen ...................................................................................... 800
46 U.S.C. 10314(b) ............ Pay Advances to Seamen; Remuneration for Employment .................................. 800
46 U.S.C. 10315(c) ............ Allotment to Seamen .............................................................................................. 800
46 U.S.C. 10321 ................ Seamen Protection; General .................................................................................. 7,000
46 U.S.C. 10505(a)(2) ........ Coastwise Voyages: Advances .............................................................................. 7,000
46 U.S.C. 10505(b) ............ Coastwise Voyages: Advances; Remuneration for Employment ........................... 7,000
46 U.S.C. 10508(b) ............ Coastwise Voyages: Seamen Protection; General ................................................ 7,000
46 U.S.C. 10711 ................ Effects of Deceased Seamen ................................................................................. 300
46 U.S.C. 10902(a)(2) ........ Complaints of Unfitness ......................................................................................... 800
46 U.S.C. 10903(d) ............ Proceedings on Examination of Vessel ................................................................. 110
46 U.S.C. 10907(b) ............ Permission to Make Complaint .............................................................................. 800
46 U.S.C. 11101(f) ............. Accommodations for Seamen ................................................................................ 800
46 U.S.C. 11102(b) ............ Medicine Chests on Vessels .................................................................................. 800
46 U.S.C. 11104(b) ............ Destitute Seamen ................................................................................................... 110
46 U.S.C. 11105(c) ............ Wages on Discharge .............................................................................................. 800
46 U.S.C. 11303(a) ............ Log Books; Master Failing to Maintain ................................................................... 300
46 U.S.C. 11303(b) ............ Log Books; Master Failing to Make Entry .............................................................. 300
46 U.S.C. 11303(c) ............ Log Books; Late Entry ............................................................................................ 200
46 U.S.C. 11506 ................ Carrying of Sheath Knives ..................................................................................... 80
46 U.S.C. 12151(a) ............ Documentation of Vessels (violation per day) ....................................................... 15,000
46 U.S.C. 12151(c) ............ Engaging in Fishing After Falsifying Eligibility (fine per day) ................................. 130,000
46 U.S.C. 12309(a) ............ Numbering of Undocumented VesselsWillfull violation ...................................... 6,000
46 U.S.C. 12309(b) ............ Numbering of Undocumented Vessels ................................................................... 1,100
46 U.S.C. 12507(b) ............ Vessel Identification System .................................................................................. 15,000
46 U.S.C. 14701 ................ Measurement of Vessels ........................................................................................ 30,000
46 U.S.C. 14702 ................ Measurement; False Statements ........................................................................... 30,000
46 U.S.C. 31309 ................ Commercial Instruments and Maritime Liens ......................................................... 15,000
46 U.S.C. 31330(a)(2) ........ Commercial Instruments and Maritime Liens; Mortgagor ...................................... 15,000
46 U.S.C. 31330(b)(2) ........ Commercial Instruments and Maritime Liens; Violation of 31329 ......................... 35,000
46 U.S.C. 70119 ................ Port Security ........................................................................................................... 30,000
46 U.S.C. 70119(b) ............ Port Security-Continuing Violations ........................................................................ 50,000
49 U.S.C. 5123(a)(1) .......... Hazardous Materials: Related to Vessels-Maximum Penalty ................................ 60,000
49 U.S.C. 5123(a)(1) .......... Hazardous Materials: Related to Vessels-Minimum Penalty ................................. 300
49 U.S.C. 5123(a)(2) .......... Hazardous Materials: Related to Vessels-Penalty from Fatalities, Serious Inju- 110,000
ries/Illness or Substantial Damage to Property.
Note: The changes in Civil Penalties for calendar year 2010, shown above, are based on the change in CPIU from June
2008 to June 2009. The recorded change in CPIU during that period was 1.43 percent. Because of the small change in CPI
U and the required rules for rounding, there was no change to any of the maximum penalty amounts from the previous adjust-
ment.
1 Enacted under the Tariff Act of 1930, exempt from inflation adjustments.
2 These penalties increased in accordance with the statute to $10,000 in 2005, $15,000 in 2006, $20,000 in 2007, and $25,000
in 2008 and thereafter.
111
SUBCHAPTER BPERSONNEL
PART 40CADETS OF THE COAST are subject to the Uniform Code of

GUARD Military Justice.
(b) Any person desiring to enlist in
the Coast Guard should apply at a
AUTHORITY: 14 U.S.C. 182 and 633; 49 CFR
1.46(b))
Coast Guard Recruiting Office, or di-
rect inquiries to, Coast Guard Recruit-
40.1 Program for appointing cadets. ing Center, 4200 Wilson Boulevard,
The Coast Guard conducts a program Suite 450, Arlington, VA 22203. Enlist-
for appointing qualified men and ments in the Coast Guard shall be for
women as cadets who are admitted to general service and enlisted persons
the Coast Guard Academy, New Lon- may be transferred as necessary from
don, Connecticut. The Superintendent one unit to another. Original enlist-
of the Coast Guard Academy tenders ments will be made only at regular re-
appointments on the basis of previous cruiting offices unless otherwise di-
academic performance, reported Col- rected by the Commandant. An origi-
lege Entrance Examination Board or nal enlistment is the enlistment of an
American College Testing scores, and individual who has not had previous
the findings of a Cadet Candidate Eval- service in the Regular Coast Guard. In
uation Board, consisting of Coast processing an application for enlist-
Guard officers appointed by the Super- ment, the Coast Guard will determine
intendent of the Coast Guard Academy, the mental, moral and physical fitness
which reviews each applicants per- of the applicant through reference to
sonal qualifications. In addition, a local police files, character references,
Service Academy Medical Examination employers, school authorities and
must be satisfactorily completed be- physical and mental examinations.
fore appointment. Applications must Concealment of any fact, circumstance
be submitted online at http://
or condition existing prior to enlist-
www.uscga.edu using Coast Guard
ment which would render the applicant
forms CGA14, CGA14A, CGA14B,
ineligible for enlistment may subject
CGA14C, and CGA14D. These forms,
along with additional information on the applicant to criminal penalties
the Cadet appointment program, may under the Uniform Code of Military
be obtained from the Director of Ad- Justice and/or administrative separa-
missions, U.S. Coast Guard Academy, tion from the Coast Guard.
New London, CT 06320. [CGD 82087, 50 FR 13318, Apr. 4, 1985, as
[USCG20080179, 73 FR 35002, June 19, 2008] amended by CGD 96026, 61 FR 33663, June 28,
1996; USCG200314505, 68 FR 9535, Feb. 28,
2003]
PART 45ENLISTMENT OF
PERSONNEL 45.2 Records of enlistment of former
service members.
Sec.
45.1 Enlistment of personnel. Former members who have any ques-
45.2 Records of enlistment of former service tions about their service or who need
members. information regarding their service
AUTHORITY: 14 U.S.C. 351, 371; Pub. L. 107 should contact the nearest Coast Guard
296, 116 Stat. 2135; 49 CFR 1.46(b). Recruiting Office or Coast Guard Re-
SOURCE: CGD 82087, 50 FR 13318, Apr. 4,
cruiting Center, 4200 Wilson Boulevard,
1985, unless otherwise noted. Suite 450, Arlington, VA 20203.
[CGD 82087, 50 FR 13318, Apr. 4, 1985, as
45.1 Enlistment of personnel. amended by CGD 96026, 61 FR 33663, June 28,
(a) The Coast Guard is a military 1996]
service which operates within the De-

partment of Homeland Security. All
personnel enlisted in the Coast Guard
112
PART 49PAYMENT OF AMOUNTS fairs shall be submitted to the Com-

DUE MENTALLY INCOMPETENT mandant of the Coast Guard:
(a) By any person or persons who be-
COAST GUARD PERSONNEL lieve, because of relationship, they
should be appointed to receive pay-
ments on behalf of the alleged incom-
Sec. petent;
49.011 Applicability. (b) By the Commanding Officer of the
49.015 Requests for appointment of trustee. alleged incompetent if the latter is on
49.0110 Determination of incompetency. active duty;
(c) By the Commanding Officer of
Subpart 49.05Trustee any Armed Forces hospital in which
49.051 Appointment of trustee. the mentally incompetent is under-
49.055 Bonding of trustee. going treatment;
49.0510 Affidavits required. (d) By the head of any veterans hos-
pital, or other public or private institu-
Subpart 49.10Reports and Moneys tion in which the alleged incompetent
49.101 Reports required.
is undergoing treatment;
49.105 Payment of moneys due. (e) By any other person or organiza-
49.1010 Cessation of payments. tion acting for and in the best interests
49.1015 Final accounting by trustee. of the alleged mentally incompetent.
Subpart 49.15Additional instructions 49.0110 Determination of incom-

petency.
49.151 Implementing instructions.
After examining the legitimacy, sub-
AUTHORITY: Secs. 1, 2, 3, 4, 64 Stat. 249, 250; stance, and sufficiency of the applica-
37 U.S.C. 351, 352, 353, 354. tion, the Commandant shall either (a)
SOURCE: CGFR 5148, 16 FR 10636, Oct. 18, direct the Commanding Officer of the
1951, unless otherwise noted. alleged mentally incompetent, (b) the
Commanding Officer of the Coast
Subpart 49.01General Provisions Guard unit to which such incompetent
may be conveniently referred, or (c) re-
49.011 Applicability. quest the Surgeon General of the Pub-
The Commandant of the Coast Guard lic Health Service to convene or ap-
is hereby designated and is authorized point, at the Public Health Hospital or
to appoint, in his discretion, the person facility, where the alleged incompetent
or persons who may receive active-duty is receiving treatment or to which his
pay and allowances, amounts due for case may be conveniently referred, a
accumulated or accrued leave, or any board of not less than three qualified
retired or retainer pay, otherwise pay- medical officers, one of whom shall be
able to personnel on the active or re- specially qualified in the treatment of
tired list of the Coast Guard and Coast mental disorders, to determine whether
Guard Reserve, entitled to Federal pay the alleged incompetent is capable of
either on the active or any retired list managing his own affairs. The record of
of said service, who, in the opinion of proceedings, and the findings of the
competent medical authority, have board shall, after action by the Con-
been determined to be mentally in- vening or Appointive Authority there-
capable of managing their own affairs, on, be forwarded to the Commandant.
and for whom no legal committee,
guardian, or other representative has Subpart 49.05Trustee
been appointed by a court of competent
jurisdiction. 49.051 Appointment of trustee.
Upon receipt of a finding by a board
49.015 Requests for appointment of convened or appointed in accordance
trustee. with 49.0110, that the alleged incom-
Requests for the appointment of a petent is mentally incapable of man-
person or persons to receive moneys aging his own affairs, the Commandant
due personnel believed to be mentally may appoint a suitable person or per-
incapable of managing their own af- sons, not under legal disability so to
113
49.055 33 CFR Ch. I (7110 Edition)
act, as trustee or trustees to receive in that the surety bond required by

behalf of the incompetent all amounts 49.055 has been renewed. When the
due the incompetent from such sources trustee is the spouse or adult depend-
set forth in 49.011, and to use said ent of the incompetent, receipts or
funds in the best interests of the in- vouchers need not be filed for expendi-
competent. tures made for living expenses. If the
trustee or trustees fail to report
49.055 Bonding of trustee. promptly and properly at the end of
The trustee or trustees appointed to any annual period or at such other
receive moneys in behalf of incom- times as the Commandant desires, the
petent personnel shall furnish a bond Commandant may, in his discretion,
in all cases when the amounts to be re- cause payment to such trustee or
ceived may be expected to exceed trustees to cease, and may, if deemed
$1,000, and in such other cases when advisable, appoint another person or
deemed appropriate by the Com- persons not under legal disability so to
mandant. The bond so required and fur- act, to receive future payments of mon-
nished shall have as surety a company eys due the incompetent for the use
approved by the Federal Government, and benefit of the incompetent.
and shall be in such amount as is re-
quired by the Commandant. Such 49.105 Payment of moneys due.
bonds shall be continued in effect for Upon the appointment of a trustee or
the life of trusteeship and expenses in trustees to receive moneys due an in-
connection with the furnishing and re- competent, the authorized certifying
newal of such bonds may be paid out of officer having custody of that persons
sums due the incompetent. pay record shall be advised. After such
notification, payments of moneys due
49.0510 Affidavits required.
the incompetent may be made by the
The trustee or trustees appointed to appropriate officer in accordance with
receive moneys due incompetent per- procedure prescribed by the Com-
sonnel shall, prior to the payment of mandant. All such payments so made,
any such moneys, execute and file with however, shall be made to the des-
the Commandant an affidavit or affida- ignated trustee or trustees.
vits saying and deposing that any mon-
eys henceforth received by virtue of 49.1010 Cessation of payments.
such appointment shall be applied sole- (a) Payments of amounts due incom-
ly to the use and benefit of the incompetent personnel shall cease to be paid
petent and that no fee, commission, or to the trustee or trustees upon receipt
charge shall be demanded, or in any of notification by the authorized certi-
manner accepted, for any service or fying officer of the occurrence of any of
services rendered in connection with the following:
such appointment as trustee or trust- (1) Death of the incompetent;
ees. (2) Death or disability of the trustee
or trustees appointed;
Subpart 49.10Reports and (3) Receipt of notice that a com-
Moneys mittee, guardian, or other legal rep-
resentative has been appointed for the
49.101 Reports required. incompetent by a court of competent
The trustee or trustees so appointed jurisdiction;
shall submit reports annually, or at (4) Failure of the trustee or trustees
such other times as the Commandant to render the reports required by
may designate. The report shall show a 49.101;
statement of the conditions of the (5) That there is probable cause to be-
trust account at the time of the sub- lieve that moneys received on behalf of
mission of the report, including all the incompetent have been, or are
funds received on behalf of the incom- being, improperly used;
petent; all expenditures made in behalf (6) A finding by a board of medical of-
of the incompetent, accompanied by re- ficers that the heretofore incompetent

ceipts or vouchers covering such ex- is mentally capable of managing his
penditures; and a receipt indicating own affairs;
114
(7) That the Commandant deems it to (b) It will be the duty of the Board to
be in the best interest of the incom- review, at the request of any Coast
petent. Guard officer retired or released to in-
(b) In the event of termination of active service, without pay, for phys-
payments under paragraphs (a)(2), (4), ical disability, pursuant to the decision
(5), or (7) of this section, the Com- of a retiring board, the findings and de-
mandant may, if deemed appropriate, cision of the retiring board. The term
appoint a successor trustee or trustees. retired or released to inactive serv-
The successor trustee or trustees, so ice includes every kind of separation
appointed, shall comply with the provi- from the service.
sions of the regulations and instruc- (c) After reviewing the findings and
tions in this part issued thereunder, decision of a retiring board the Board
and do all acts in the manner required will affirm or reverse, in whole or in
of the original trustee or trustees. part, the findings and decision of the
retiring board.
49.1015 Final accounting by trustee.
(d) In carrying out its duties the
The trustee or trustees, when pay- Board shall have the same powers as
ments, hereunder are terminated, shall exercised by, or vested in, the retiring
file a final account with the said Com- board whose findings and decision are
mandant. Thereupon, the trustee or being reviewed.
trustees will be discharged and the sur-
ety released. In event of death or dis- [10 FR 5650, May 17, 1945]
ability of the trustee, the final ac-
counting will be filed by his legal rep- 50.2 Composition of Board.
resentative. (a) The Board will be composed of
five commissioned officers designated
Subpart 49.15Additional for each case from a panel appointed by
Instructions the Commandant. The senior Coast
Guard members of the panel will des-
49.151 Implementing instructions. ignate the members of the Board for
The Commandant is hereby author- each case, three of whom shall be offi-
ized to issue such instructions not in cers of the Coast Guard and two of
conflict with the regulations in this whom shall be officers of the Public
part as may be necessary from time to Health Service.
time to give full force and effect there- (b) The senior Coast Guard member
to. of the Board will be President and the
junior Coast Guard member will be Re-
corder.
PART 50COAST GUARD RETIRING (c) The Board will convene at the
REVIEW BOARD time and place designated by the Presi-
dent for each case, and will recess and
Sec.
adjourn at his order.
50.1 Establishment and duties of Board.
50.2 Composition of Board. [10 FR 5650, May 17, 1945. Redesignated at 13
50.3 Request for review. FR 7303, Nov. 30, 1948, as amended by CGFR
50.4 Presentation of case. 5312, 18 FR 2953, May 22, 1953]
50.5 Action by the Board.
50.6 Notification of final action. 50.3 Request for review.
AUTHORITY: Sec. 8, 18 Stat. 127, as amended, (a) Any officer of the Coast Guard
sec. 302, 58 Stat. 287, as amended; 14 U.S.C. 92,
38 U.S.C. 693i.
who is retired or released to inactive
NOTE: For the text of waivers of navigation service, without pay, for a physical dis-
and vessel inspection laws and regulations, ability, pursuant to the decision of a
see Part 19 of this chapter. Coast Guard retiring board, may re-
quest a review of the findings and deci-
50.1 Establishment and duties of sion of the retiring board.
Board. (b) An application requesting a re-
(a) A Retiring Review Board, referred view must be in writing and shall be
to in this part as the Board, is hereby addressed to the Retiring Review
established in the Coast Guard. Board, Coast Guard Headquarters,
115
Washington D.C. 20226. Forms for appli- judgment of the Board, in order to in-
cation for review will be provided upon sure a thorough, complete and equi-
request. table hearing.
(c) An application requesting a re- (e) The case of any applicant who
view shall contain: fails to appear, either in person or by
(1) The full name of the applicant; counsel, after being duly notified of the
(2) The mailing address of the appli- time and place of the hearing will be
cant; decided upon the written application
(3) A brief statement setting out the and such other evidence as is available
basis of the request for review, showing to the Board.
in general the nature of error or in- (f) As far as practicable the hearings
equity believed to have occurred in the of the Board will be conducted in ac-
findings and decision of the retiring cordance with the pertinent instruc-
board; tions contained in Coast Guard Boards,
(4) The corrective action requested; 1935, as amended, except that:
(5) Whether the applicant desires to (1) Physical examination of the appli-
appear before the Board in person; cant is not mandatory, but the Board
(6) Whether the applicant will be rep- may request that he submit to physical
resented by counsel, and if so, the examination by physicians of the
name and address of counsel. Boards choice in any case in which it
(d) No request for review shall be appears to the satisfaction of the Board
valid, and the Board will not consider to be essential;
an application, unless filed within fif-
(2) The medical members of the
teen years after the date of retirement
Board will not submit a report and will
for disability, or after the effective
not be subject to examination.
date of the act of June 22, 1944, which-
(g) Evidence may be submitted to the
ever is the later.
Board by oral testimony under oath, or
[10 FR 5650, May 17, 1945. Redesignated at 13 in the form of depositions or affidavits.
FR 7303, Nov. 30, 1948] Witnesses appearing before the Board
will be subject to examination or cross-
50.4 Presentation of case.
examination, as the case may be, by
(a) The applicant may present his members of the Board and the appli-
case: cant or his counsel.
(1) Solely by written application, or (h) The Board will consider all avail-
by written application together with able service records and all matter ad-
any additional written evidence or ar- duced by the applicant that bears upon
gument that he may desire to submit; the merits of the case. It will not be re-
(2) At a hearing before the Board. stricted by the rules of evidence.
(b) The case of an applicant may be (i) Classified matter of the Coast
presented by his counsel. The term Guard will not be made available to an
counsel includes members of the bar applicant or his counsel. The Board
in good standing, accredited represent- will, when it deems it necessary in the
atives of veterans organizations recog- interest of justice and compatible with
nized by the Veterans Administration the public interest, make available a
under section 200 of the act of June 29, summary of relevant classified matter.
1936 (49 Stat. 2031, 38 U. S. C. 101), and (j) The Government will not assume
any other person approved by the or pay any expenses incurred by an ap-
Board. plicant, or by his witnesses or counsel.
(c) If an applicant signifies a desire
to present his case at a hearing, the [10 FR 5650, May 17, 1945. Redesignated at 13
Board will give him written notice of FR 7303, Nov. 30, 1948]
the place of his hearing, and of the
time, which shall be at least thirty 50.5 Action by the Board.
days after the time of mailing the no- (a) After a complete and thorough re-
tice. view of the evidence before it the Board
(d) The Board may, upon its own mo- will, in closed session, deliberate and
tion or at the request of the applicant make its decision affirming or revers-
or his counsel, grant a continuance ing the findings and decision of the re-
whenever it appears necessary, in the tiring board being reviewed.
116
(b) If the Board reverses the findings 51.9 Discharge review procedures.
of the retiring board being reviewed, it 51.10 Decisions.
will make complete findings, including: 51.11 Records.
(1) Whether the applicant was inca- AUTHORITY: 10 U.S.C. 1553; Pub. L. 107296,
pacitated for active service; 116 Stat. 2135.
(2) If so, the disability causing the in-
capacity; SOURCE: CGD 81104, 50 FR 41495, Oct. 11,
(3) Whether the incapacity is perma-
nent; 51.1 Basis and purpose.
(4) Whether the incapacity was the
result of an incident of service or in- This part establishes the procedures
curred in the line of duty; for review of administrative discharges
(5) Whether the incapacity was the from the Coast Guard by a Discharge
result of the applicants own vicious Review Board (DRB) or by the Sec-
habits; retary of the Department, and for the
(6) In the case of Reserve officers and compilation of the record of the DRB
officers who have served under tem- determination, made available for pub-
porary appointments, when the phys- lic inspection, copying and distribution
ical disability was incurred. through the Armed Forces Discharge
(c) The findings and decision of a ma- Review/Correction Board Reading
jority of the Board will constitute the Room.
findings and decision of the Board
Members who do not concur with the 51.2 Authority.
majority may file a minority report.
(a) The Secretary of Homeland Secu-
(d) When the Board has concluded its
proceedings in any case the Recorder rity has the authority to establish a
will prepare a complete record thereof Discharge Review Board (DRB) to re-
including (1) the application for review view the discharge of a former member
(2) a transcript of the hearing, if any of the United States Coast Guard under
(3) affidavits, briefs, and written agree- the provisions of 10 U.S.C. 1553. This
ments filed in the case, (4) the findings part prescribes the establishment and
and decision of the Board, and (5) all outlines the procedures of the Coast
other papers and documents necessary Guard Discharge Review Board. The
to reflect a true and complete record of Secretary retains the authority to re-
the proceedings. This complete record view and take final action on the
will be transmitted to the Com- DRBs findings in the following cases:
mandant for appropriate action. (1) Those cases in which a minority
[10 FR 5650, May 17, 1945. Redesignated at 13
of the board requests that their written
FR 7303, Nov. 30, 1948, and amended at CGFR opinion be forwarded to the Secretary
5312, 18 FR 2953, May 22, 1953] for consideration;
(2) Those cases selected by the Com-
50.6 Notification of final action. mandant to inform the Secretary of as-
The officer requesting the interview pects of the boards functions which
will be notified by letter of the final may be of interest to the Secretary;
action taken in the case. (3) Any case in which the Secretary
[CGFR 4873, 13 FR 9333, Dec. 31, 1948] demonstrates an interest;
(4) Any case which the President of
PART 51COAST GUARD the board believes is of significant in-
terest to the Secretary.
DISCHARGE REVIEW BOARD
(b) The Commandant of the Coast
Sec. Guard is delegated the authority to:
51.1 Basis and purpose. (1) Appoint members to serve on the
51.2 Authority. Discharge Review Board;
51.3 Applicability and scope. (2) Appoint alternates to serve on the
51.4 Definitions. DRB in the event that a regularly ap-
51.5 Objective of review.
pointed member is unavailable;
51.6 Propriety standard of review.

51.7 Equity standard of review. (3) Designate a member as the Presi-
51.8 Relevant considerations. dent of the DRB; and
117
(4) Review and take final action on missals and dropping from the rolls.
all DRB decisions which are not re- This term also includes the assignment
viewed by the Secretary. of a separation program designator,
[CGD 81104, 50 FR 41495, Oct. 11, 1985, as separation authority, the stated reason
amended by CGD 97023, 62 FR 33362, June 19, for the discharge, and the characteriza-
1997; USCG200314505, 68 FR 9535, Feb. 28, tion of service.
2003] Discharge Review. The process by
which the reason for separation, the
51.3 Applicability and scope. procedures followed in accomplishing
The provisions of this part apply to separation, and the characterization of
the United States Coast Guard includ- service are evaluated. This includes de-
ing reserve-components and all former terminations made under the provi-
members who have been discharged sions of 38 U.S.C. 3103(e)(2).
within 15 years of the date upon which Discharge Review Board. A board con-
application for review is received by sisting of five members of the U.S.
the DRB. A former member may apply Coast Guard, appointed by the Com-
to the DRB for a change in the char- mandant of the Coast Guard and vested
acter of, and/or the reason for, the dis- with the authority to review the dis-
charge. The Coast Guard DRB review is charge of a former member. The board
generally applicable only to adminis- is empowered to change a discharge or
trative discharges, however, the DRB issue a new discharge to reflect its
may review the discharge of a former findings, subject to review by the Com-
member by sentence of a court-martial mandant or the Secretary.
for the purpose of clemency. A petition Hearing. A proceeding which, upon re-
for clemency will not be considered by quest of the applicant, is utilized in the
the DRB unless the applicant has ex- discharge review process enabling the
hausted all appellate remedies. Upon a applicant and/or the applicants rep-
petition for clemency, the DRB shall resentative to appear before the DRB
consider only the equity of the dis- and present evidence.
charge awarded. President. An officer of the United
51.4 Definitions. States Coast Guard appointed by the
Commandant as President to preside
Applicant. A former member of the over the DRB. The President will con-
Coast Guard who has been discharged vene the board and may also serve as a
from the service but excluding those member. If the President does not
discharged by sentence of a court-mar- serve as a member of the DRB, the
tial, except as provided in 51.3. If the President shall designate a presiding
former member is deceased or incom- officer for the board to serve as Presi-
petent, the term applicant includes dent.
the surviving spouse, next-of-kin, or
legal representative who is acting on [CGD 81104, 50 FR 41495, Oct. 11, 1985, as
behalf of the former member. amended by CGD 96026, 61 FR 33663, June 28,
Counsel. An individual or agency des- 1996]
ignated by the applicant who agrees to
51.5 Objective of review.
represent the applicant in a case before
the DRB. It includes, but is not limited The objective of the discharge review
to: A lawyer who is a member of the is to examine the propriety and equity
bar of a federal court or of the highest of the applicants discharge and to ef-
court of a state; an accredited rep- fect changes if necessary. The DRB will
resentative designated by an organiza- utilize its discretion to reach a fair and
tion recognized by the Administrator just resolution of the applicants claim.
of Veterans Affairs; a representative The standards of review and the under-
from a state agency concerned with lying factors which aid in determining
veterans affairs; or a representative whether the standards are met shall be
from private organizations or local historically consistent with criteria for
government agencies. determining honorable service. No fac-
Discharge. Any formal separation of a tors shall be established which require

member from the Coast Guard which is automatic change, or denial of change,
not termed honorable, including dis- in a discharge.
118
51.6 Propriety standard of review. tled at the time the original discharge
was issued.
A discharge is deemed to be proper
except that: 51.8 Relevant considerations.
(a) A discharge may be improper if an
In determining the equity and pro-
error of fact, law, procedure, or discre-
priety of a former members discharge,
tion was associated with the discharge
the DRB shall consider all relevant evi-
at the time of issuance which preju-
dence presented by the applicant. The
diced the rights of the applicant.
DRB review will include, but is not
(b) A discharge may be improper if limited to, consideration of the fol-
there has been a change in policy by lowing factors:
the Coast Guard made expressly retro- (a) The quality of the applicants
active to the type of discharge under service. In determining the quality of
consideration. the applicants service, the DRB may
consider the applicants dates and peri-
51.7 Equity standard of review.
ods of service; rate or rank achieved;
(a) A discharge is presumed to be eq- marks and evaluations received;
uitable and will not be changed under awards, decorations and letters of com-
this section unless the applicant sub- mendation; acts of merit; combat serv-
mits evidence sufficient to establish, to ice and wounds received; promotions
the satisfaction of the DRB that: and demotions; prior military service
(1) The policies and procedures under and type of discharge; records of unau-
which the applicant was discharged dif- thorized absence; records of non-judi-
fer in material respects from policies cial punishment; convictions by court-
and procedures currently applicable on martial; records of conviction by civil
a service-wide basis to discharges of authorities while a member of the
that type, provided that current poli- Coast Guard; and any other relevant
cies or procedures represent a substan- information respecting the applicant
tial enhancement of the rights afforded which is brought to the boards atten-
a party in such proceedings, and there tion.
is substantial doubt that the applicant (b) The applicants capability to
would have received the same dis- serve. In determining the applicants
charge if relevant current policies and capability to serve, the DRB considers
procedures had been available to the such factors as the applicants age and
applicant at the time of the discharge education; qualification for reenlist-
proceedings under consideration; or ment; capability to adjust to military
(2) At the time of issuance, the dis- service; and family or personal prob-
charge was inconsistent with standards lems.
of discipline in the Coast Guard; or (c) Any evidence of arbitrary, capri-
(3) The applicants military record cious or discriminatory actions by in-
and other evidence presented to the dividuals in authority over the appli-
DRB, viewed in conjunction with the cant.
factors listed in 51.8 and the regula- (d) Any other information respecting
tions under which the applicant was the applicant considered by the DRB to
discharged, do not fairly justify the be relevant and material to the review
type of discharge received. of the applicants discharge.
(b) If the applicant was discharged
with a characterized discharge before 51.9 Discharge review procedures.
June 15, 1983, a change from the char- (a) Preliminary. Prior to a review, ap-
acterized discharge to an plicants or their representatives may
uncharacterized discharge will not be obtain copies of military records by
considered under the provisions of submitting a Standard Form 180, Re-
(a)(1) of this section unless specifically quest Pertaining to Military Records,
requested by the applicant. A deter- to the National Personnel Records Cen-
mination that a discharge is inequi- ter (NPRC), 9799 Page Boulevard, St.
table according to the provisions of Louis, MO. 72132. The request to the
(a)(2) or (a)(3) of this section shall enti- NPRC should be submitted prior to
tle the applicant to a discharge of a submitting the application for review,
type to which the applicant was enti- so that relevant information from the
119
record can be included with the appli- (d) Withdrawal of application. An ap-
cation. plicant may withdraw an application
(b) Initiation of review. Review may be without prejudice at any time before
initiated by an applicant or by the the scheduled review. An application
DRB. The applicant may apply for DRB which is withdrawn will not stay the
review of discharge by submitting DD running of the 15 year statutory limi-
Form 293, Application for Review of tation imposed on the authority of the
Discharge or Separation from the DRB to review the discharge.
Armed Forces of the United States, (e) The DRB will consider the records
along with any other statements, affi- and other data submitted by the appli-
davits or documentation desired by the cant. The DRB may consider other pro-
applicant. The application must be re- bative evidence provided that all mate-
ceived by the DRB within fifteen (15) rials relied on by the DRB, except clas-
years of the date of the discharge. The sified documents, are made available to
application form can be obtained, the applicant and applicants rep-
along with explanatory matter, from resentative prior to the hearing date
Commandant, (CG12), 2100 2nd St., (or review date if no hearing is re-
SW., Stop 7801, Washington, DC 20593
quested). The DRB shall not consider a
7801, any regional VA office, or by writ-
classified document in the review of a
ing to the Armed Forces Review/Cor-
discharge unless a summary of, or ex-
rection Board Reading Room, Pentagon
Concourse, Washington, DC 20310. tract from, the document (deleting all
reference to sources of information and
(c) Notice. (1) The DRB will provide
other matters, the disclosure of which
notification advising the former mem-
ber of would, in the opinion of the classifying
authority, be detrimental to the secu-
(i) Receipt of the applicants request;
rity interests of the United States) is
(ii) The right to appear before the
made available to the applicant.
board in person or by counsel; and
(f) Postponement of review or hearing.
(iii) The date of review.
At any time before the date of sched-
If the former member is deceased, writ- uled review or hearing, an applicant
ten notice of DRB review will be sent may be granted a continuance, pro-
to the surviving spouse, next of kin or vided the applicant or the applicants
legal representative of the former counsel makes a written request for ad-
member. If the review is initiated by ditional time to the DRB which shows
the DRB, notification will be sent to good cause to justify the postpone-
the last known address of the former
ment.
member.
(g) Hearing procedures. The following
(2) Prior to the initiation of the deci-
procedures apply to DRB hearings:
sion process, the DRB will notify the
former member of the date by which (1) DRB hearings are not public.
requests to examine the documents to Presence at hearings is limited to per-
be considered by the board must be re- sons authorized by the Commandant or
ceived. This notice will also state the expressly requested by the applicant,
date by which a request for a hearing subject to reasonable limitations based
must be made and the deadline for fil- upon available space.
ing responses to the board. (2) The Federal Rules of Evidence are
(3) An applicant who requests a hear- not applicable to DRB proceedings. The
ing will be notified of the time and presiding officer rules on matters of
place of the hearing. All expenses in- procedure and ensures that reasonable
curred by the applicant in DRB pro- bounds of relevancy and materiality
ceedings and hearings are the sole re- are adhered to in the taking of evi-
sponsibility of the applicant and are dence.
not obligations of the U.S. Coast Guard (3) An applicant is permitted to make
or the Department of Transportation. a sworn or unsworn statement. Witness
If the applicant fails to appear, except testimony will only be taken under
oath or affirmation. An applicant or
as provided in 51.9(f), the DRB will re-

view the discharge and reach a decision witness who makes a statement may be
based upon the evidence of record. questioned by the DRB.
120
(4) An applicant may make oral or (8) A statement of the particular

written argument personally or changes, correction, or modification
through his or her representative. made by the DRB.
(h) Reconsideration. The decision of
the DRB may not be reconsidered un- 51.11 Records.
less (a) The record of the discharge review
(1) The only previous consideration of will include
the case was on the motion of the DRB; (1) The application for review;
(2) Changes in discharge policy occur; (2) A summarized record of the testi-
or mony and a summary of evidence con-
(3) New, substantial, relevant evi- sidered by the DRB other than infor-
dence, not available to the applicant at mation contained in the service
the time of the original review, is sub- records;
mitted to the DRB. (3) Briefs or written arguments sub-
mitted by or on behalf of the applicant;
[CGD 81104, 50 FR 41495, Oct. 11, 1985, as
amended by CGD 96026, 61 FR 33663, June 28, (4) The decision of the DRB;
1996; USCG20100351, 75 FR 36281, June 25, (5) Advisory opinions relief upon for
2010] the final action; and
(6) The final action on the DRB deci-
51.10 Decisions. sion by the Commandant or Secretary.
(a) The DRB will make written find- (b) The record of the discharge review
ings and conclusions with respect to all is incorporated into the service record
disputed facts and issues. The decision of the applicant.
of the DRB is governed by the vote of (c) A copy of the decision of the DRB
a majority of the board. and the final action thereon is made
(b) A decision document is prepared available for public inspection and
for each review conducted by the DRB. copying promptly after a notice of the
This document contains final decision is sent to the applicant.
(1) The date, character of, and reason However, to the extent required for the
for the discharge including the specific protection of privacy rights, identi-
authority under which the discharge fying details of the applicant and other
was issued; persons are deleted from the public
(2) The specific change(s) requested record.
by the applicant; (1) DRB documents made available
for public inspection and copying are
(3) A list of the issues raised by the
located in the Armed Forces Discharge
applicant;
Review/Correction Board Reading
(4) The circumstances and character
Room. The documents are indexed so
of the applicants service, as extracted
as to enable the public to determine
from the service record, health record
why relief was granted or denied. The
and other evidence presented to the index includes the case number, the
DRB; date, character of, reason for, and au-
(5) References to documentary evi- thority for the discharge and is main-
dence, testimony or other material retained at Coast Guard Headquarters
lied on by the DRB in support of its de- and the Armed Forces Reading Room.
cision; The Armed Forces Discharge Review/
(6) A statement of the DRBs findings Correction Board Reading Room pub-
with respect to each issue raised by the lishes indexes quarterly for all boards.
applicant; (2) Correspondence relating to mat-
(7) A summary of the rationale and a ters under the cognizance of the Read-
statement of the DRBs conclusions as ing Room (including requests for pur-
to whether any change, correction or chase of indexes) should be addressed
modification should be made in the to: Armed Forces Discharge Review/
type or character of the discharge or Correction Board Reading Room, The
the reason and authority for the dis- Pentagon Concourse, Washington, DC
charge; and 20310.
121
PART 52BOARD FOR CORREC- 52.67 Reconsideration.

TION OF MILITARY RECORDS OF Subpart HPayment of Claims and
THE COAST GUARD Implementation of Orders
Subpart APurpose and Authority 52.71 Authority to pay.
52.72 Implementation of orders.
Sec.
52.73 Interpretation.
52.1 Purpose.
52.2 Authority. 52.74 Report of settlement.
Subpart BEstablishment, Function, and Subpart IPublic Access to Decisions

Jurisdiction of Board 52.81 Reading room and index.
52.11 Establishment and composition. AUTHORITY: 10 U.S.C. 1552; 14 U.S.C. 425.
52.12 Function.
52.13 Jurisdiction. SOURCE: OST Doc. No. 200213439, 68 FR
9886, Mar. 3, 2003, unless otherwise noted.
Subpart CGeneral Provisions Regarding
Applications
Subpart APurpose and Authority
52.21 General requirements.
52.22 Time limit for filing application. 52.1 Purpose.
52.23 Counsel.
This part establishes the procedure
52.24 Evidence and burden of proof.
52.25 Access to official records. for application for correction of mili-
52.26 Right to timely decision; effect of retary records of the Coast Guard, for
quests for extensions, changes in reconsideration of applications by the
quests for relief, and late submissions of Department of Homeland Security
evidence. Board for Correction of Military
52.27 Withdrawal of application.
Records of the Coast Guard (herein-
52.28 Stay of proceedings.
after the Board), and for settling
Subpart DConsideration of Application claims or determining monetary bene-
and Administrative Closure fits.
52.31 Consideration of application. [OST Doc. No. 200213439, 68 FR 9886, Mar. 3,
52.32 Administrative closure. 2003, as amended by USCG200315404, 68 FR
37740, June 25, 2003]
Subpart ESubmissions by the Coast
Guard and Other Offices 52.2 Authority.
52.41 Assistance. (a) The Secretary of Homeland Secu-
52.42 Views of the Coast Guard. rity, acting through boards of civilians,
52.43 Requests for further information; sub- is authorized to correct any military
missions of classified, privileged, and record of the Coast Guard when the
sensitive information.
Secretary considers it necessary to cor-
Subpart FHearings rect an error or remove an injustice. 10
U.S.C. 1552. The Secretary shall ensure
52.51 General provision. that final action on a complete appli-
52.52 Notice of hearing.
cation for correction is taken within 10
52.53 Witnesses.
52.54 Expenses. months of its receipt.
52.55 Nonappearance. (14 U.S.C. 425)
52.56 Conduct of hearing.
52.57 Record of hearing.
(b) Corrections made under this au-
thority are final and conclusive on all
Subpart GJudgment and Disposition officers of the Government except when
procured by fraud. 10 U.S.C. 1552(a)(4).
52.61 Deliberations and decision.
52.62 Minority report. [OST Doc. No. 200213439, 68 FR 9886, Mar. 3,
52.63 Record of proceedings. 2003, as amended by USCG200315404, 68 FR
52.64 Final action. 37740, June 25, 2003]

52.65 Orders.
52.66 Notification.
122
Subpart BEstablishment, exhausted all effective administrative

Function, and Jurisdiction of Board remedies afforded under existing law or
regulations, and such legal remedies as
52.11 Establishment and composi- the Board may determine are practical,
tion. appropriate, and available to the appli-
(a) Pursuant to 10 U.S.C. 1552, the cant.
Board for Correction of Military
Records of the Coast Guard is estab- Subpart CGeneral Provisions
lished in the Office of the Secretary of Regarding Applications
Homeland Security.
(b) The Secretary appoints a panel of 52.21 General requirements.
civilian officers or employees of the (a) An application for correction of a
Department of Homeland Security to Coast Guard record shall be submitted
serve as members of the Board, and on DD Form 149 (Application for Cor-
designates one such member to serve as rection of Military or Naval Record) or
Chair of the Board. The Chair des- an exact copy thereof, and shall be ad-
ignates members from this panel to dressed to: Chair, Board for Correction
serve as the Board for each case requir- of Military Records of the Coast Guard
ing consideration by a Board. The (C60), United States Department of
Board consists of three members, and Transportation, Washington, DC 20590.
two members present constitute a Forms and explanatory material may
quorum of the Board. be obtained from the Chair of the
(c) The Deputy Chair of the Board ex- Board.
ercises the functions prescribed by (b) The application shall be signed by
these regulations and such other duties the person alleging error or injustice in
as may be assigned by the Chair. his or her military record, except that
an application may be signed by a fam-
[OST Doc. No. 200213439, 68 FR 9886, Mar. 3, ily member or legal representative
2003, as amended by USCG200315404, 68 FR with respect to the record of a de-
37740, June 25, 2003]
ceased, incapacitated, or missing per-
52.12 Function. son. The family member or legal rep-
resentative must submit proof of his or
The function of the Board is to con- her proper interest with the applica-
sider all applications properly before tion.
it, together with all pertinent military (c) No application shall be docketed
records and any submission received or processed until it is complete. An
from the Coast Guard or other Govern- application for relief is complete when
ment office under subpart E, to deter- all of the following have been received
mine: by the Board:
(a) Whether an error has been made (1) A signed DD Form 149, providing
in the applicants Coast Guard military all necessary responses, including a
record, whether the applicant has suf- specific allegation of error or injustice,
fered an error or injustice as the result accompanied by substantial evidence
of an omission or commission in his or or information in support of such alle-
her record, or whether the applicant gation;
has suffered some manifest injustice in (2) The military records of the appli-
the treatment accorded him or her; and cant; and
(b) Whether the Board finds it nec- (3) Any applicable military and De-
essary to change a military record to partment of Veterans Affairs medical
correct an error or remove an injustice. records.
(d) It is the applicants responsibility
52.13 Jurisdiction. to include his or her correct mailing
(a) The Board has jurisdiction to re- address on the DD Form 149 and to in-
view and determine all matters prop- form the Chair in writing of any subse-
erly brought before it, consistent with quent change of address until the
existing law and such directives as may Board or the Secretary takes final ac-
be issued by the Secretary. tion on the application.

(b) No application shall be considered (e) Briefs in support of applications
by the Board until the applicant has must be assembled in a manner that
123
52.22 33 CFR Ch. I (7110 Edition)
permits easy reproduction and may not 52.21(c)(1). Evidence submitted by an

exceed twenty-five double-spaced type- applicant after an application has been
written pages in a type size with no filed and docketed shall be considered
more than twelve characters per inch. late and its acceptance is subject to
This limitation does not apply to sup- the provisions in 52.26(a)(4) and (c).
porting documentary evidence. In com- (b) The Board begins its consider-
plex cases, the Chair may waive this ation of each case presuming adminis-
limitation. trative regularity on the part of Coast
Guard and other Government officials.
52.22 Time limit for filing applica- The applicant has the burden of prov-
tion. ing the existence of an error or injus-
An application for correction of a tice by the preponderance of the evi-
record must be filed within three years dence.
after the applicant discovered or rea-
sonably should have discovered the al- 52.25 Access to official records.
leged error or injustice. If an applica- The applicant shall have such access
tion is untimely, the applicant shall to official records or to any informa-
set forth reasons in the application tion pertaining to the applicant which
why it is in the interest of justice for is in the custody of the Coast Guard as
the Board to consider the application. is provided in 49 CFR parts 7 and 10.
An untimely application shall be de-
nied unless the Board finds that suffi- 52.26 Right to timely decision; effect
cient evidence has been presented to of requests for extensions, changes
warrant a finding that it would be in in requests for relief, and late sub-
the interest of justice to excuse the missions of evidence.
failure to file timely. (a) Each applicant has a right to have
final action taken on his or her appli-
52.23 Counsel. cation within 10 months after all the
(a) Applicants may be represented by elements of a complete application, as
counsel at their own expense. Appli- defined in 52.21(c), have been received
cants whose cases are processed under by the Board, unless the applicant:
the Whistleblower Protection Act and (1) Submits a written request, which
who are granted a hearing by the Board is granted by the Chair, for an exten-
may be entitled to representation by a sion of a specific duration to seek
Coast Guard law specialist. 10 U.S.C. counsel or additional evidence;
1034(f)(3)(A). (2) Submits a written request, which
(b) As used in this part, the term is granted by the Chair, for an exten-
counsel includes attorneys who are sion of the time provided for respond-
members in good standing of any bar; ing to the views of the Coast Guard in
accredited representatives of veterans accordance with 52.42(d);
organizations recognized by the Sec- (3) Submits a signed statement that
retary of Veterans Affairs pursuant to is determined by the Chair to signifi-
38 U.S.C. 5902; and other persons who, cantly amend the applicants request
in the opinion of the Chair, are com- for relief after the application has been
petent to represent the applicant for docketed;
correction. Whenever the term appli- (4) Submits significant new evidence,
cant is used in these rules, except in as determined by the Chair, after the
52.21(c), the term shall mean an appli- application has been docketed; or
cant or his or her counsel. (5) Is found by the Chair to have un-
reasonably delayed responding to a re-
52.24 Evidence and burden of proof. quest for further information or evi-
(a) It is the responsibility of the ap- dence.
plicant to procure and submit with his (b) If the applicant requests an exten-
or her application such evidence, in- sion in accordance with paragraphs
cluding official records, as the appli- (a)(1) or (a)(2) of this section or unrea-
cant desires to present in support of his sonably delays responding to a request
or her case. All such evidence should be for further information or evidence in
submitted with the applicants DD accordance with paragraph (a)(5) of
Form 149 in accordance with this section, he or she shall have a
124
right to have final action taken on the (1) The application was erroneously
application for correction within 10 docketed because the application did
months of the applications completion not meet the criteria under 52.21;
plus all periods of extension granted to (2) Effective relief cannot be granted
the applicant by the Chair and all peri- by the Board;
ods of unreasonable delay. (3) The Board does not have jurisdic-
(c) If the applicant significantly tion to determine the issues presented
amends his or her request for relief or or the applicant has not exhausted an
submits significant new evidence after available administrative remedy, as re-
the application has been docketed, in quired under 52.13(b); or
accordance with paragraphs (a)(3) or (4) The Coast Guard has granted ef-
(a)(4) of this section, the application fective relief satisfactory to the appli-
shall be considered newly complete as cant.
of the date the amended request for re- (b) Administrative closure does not
lief or new evidence is received, in constitute a denial of relief. Applicants
which case the applicant shall have a who believe their cases should not have
right to have final action taken on the been administratively closed by the
application within 10 months of the Chair may resubmit their applications
date the Board receives the amended with a request for further consider-
request for relief or significant new ation and a statement explaining why
evidence. the applicant believes his or her case
should be docketed and considered by
52.27 Withdrawal of application. the Board. A request for further consid-
eration shall be regarded as a new ap-
The Chair may, at his or her discre-
plication for the purposes of 52.21 and
tion, permit the applicant to withdraw
52.26.
his or her application at any time be-
(c) If the Chair administratively
fore final action is taken under 52.64.
closes a case, the applicant shall be ad-
Any further consideration by the Board
vised of the reason and of the right to
of the issues raised in the withdrawn
resubmit his or her application.
application shall occur only upon the
filing of a new application.
Subpart ESubmissions by the
52.28 Stay of proceedings. Coast Guard and Other Offices
An application to the Board for cor- 52.41 Assistance.
rection of a military record does not
operate as a stay of any proceeding or The Board may request such advice,
administrative action taken with re- opinion, assistance, or use of the facili-
spect to or affecting the applicant. ties of any other bureau, board, or of-
fice of the Department of Transpor-
tation as the Board deems necessary.
Subpart DConsideration of Ap-
plication and Administrative 52.42 Views of the Coast Guard.
Closure (a) The Board shall transmit to the
Commandant of the Coast Guard or his
52.31 Consideration of application.
or her delegate a copy of each applica-
Each application shall be reviewed by tion for relief submitted and docketed
the Chair to determine whether it under subpart C of this part, together
meets the requirements of 52.21 before with any briefs, memoranda, and docu-
it is docketed. The Chair shall decide mentary evidence submitted or ob-
in appropriate cases whether to grant a tained in the case.
hearing or to recommend disposition (b) The Commandant of the Coast
on the merits without a hearing. Guard or his or her delegate may for-
ward to the Board a written advisory
52.32 Administrative closure. opinion presenting the views of the
(a) The Chair may administratively Coast Guard on any case before the
close a case after it has been docketed Board.
and at any time prior to its consider- (c) An advisory opinion furnished by
ation by the Board if the Chair deter- the Coast Guard under this section
mines that: shall not be binding upon the Board,
125
52.43 33 CFR Ch. I (7110 Edition)
but shall be considered by the Board, by the Coast Guard or other Govern-
along with all other information and ment office if he or she requested it
material submitted in the particular under 49 CFR parts 7 and 10. The Board
case, if it is received by the Board shall forward only this redacted copy
within 135 days of the date the applica- to the applicant.
tion is complete. The Chair may, in his
or her discretion, grant the Coast Subpart FHearings
Guard an extension of the time pro-
vided for submitting the advisory opin- 52.51 General provision.
ion.
(d) The Board shall promptly send a In each case in which the Chair de-
copy of each submission made by the termines that a hearing is warranted,
Coast Guard under this section to the the applicant will be entitled to be
applicant involved, subject to the limi- heard orally in person, by counsel, or
tations in 52.42(c) and 52.43(c). Each in person with counsel.
applicant has 30 days, from the date
52.52 Notice of hearing.
the Board sends the submission, to sub-
mit to the Board a written rebuttal or (a) If the Chair determines that a
response to the Coast Guards advisory hearing is warranted, the Chair shall
opinion or a written request for an ex- notify the applicant that a hearing has
tension of the time to respond, subject been granted.
to the provisions in 52.26. (b) The date of hearing shall be not
(e) Advisory opinions submitted by less than 21 days from the date of this
the Coast Guard and briefs submitted notification. Written notice stating the
by applicants in response to the advi- date, time, and place of the hearing
sory opinions of the Coast Guard must shall be given to the applicant and the
be assembled in a manner that permits Coast Guard.
easy reproduction and may not exceed
fifteen double-spaced typewritten 52.53 Witnesses.
pages in a type size with no more than (a) In any case in which the Chair has
twelve characters per inch. This limi- granted a hearing, the applicant shall
tation does not apply to supporting have the right to present witnesses.
documentary evidence. In complex (b) It is the responsibility of the ap-
cases, the Chair may waive this limita- plicant to notify his or her witnesses
tion. and to ensure their appearance at the
52.43 Requests for further informa- date, time, and place set for the hear-
tion; submissions of classified, priv- ing.
ileged, and sensitive information.
52.54 Expenses.
(a) The Chair or the Board may ask
the applicant to submit additional in- No expenses of any nature whatso-
formation not included in the applica- ever incurred by an applicant, his or
tion or response to the advisory opin- her counsel, witnesses, or others acting
ion. on behalf of the applicant shall be paid
(b) The Chair or the Board may ask by the Government, except that an ap-
the Coast Guard or other Government plicant may be entitled to representa-
office to submit any information, in- tion by a Coast Guard law specialist if
cluding reports of investigations, that the case has been processed under the
the Chair or the Board deems relevant Whistleblower Protection Act. 10
to an applicants case. U.S.C. 1034(f)(3)(A).
(c) Whenever the Coast Guard or
other Government office submits clas- 52.55 Nonappearance.
sified, privileged, or sensitive informa- An applicant who fails without good
tion to the Board in accordance with cause to appear in person or by counsel
paragraph (b) of this section or at the appointed date, time, and place
52.42(b), it shall identify such informa- for hearing, is deemed to have waived
tion and also provide the Board with a the right to a hearing. The application
copy of that part of the information is then considered by the Board on the
that would be released to the applicant basis of all the material of record.
126
52.56 Conduct of hearing. the Coast Guard, and any other action
deemed necessary to provide full and
(a) The Chair or the Chairs designee
effective relief, which may include di-
shall conduct a hearing so as to ensure
recting the Coast Guard to convene
a full and fair presentation of the evi-
medical boards.
dence.
(e) If the Board deems it necessary to
(b) The hearing is not limited by
submit a comment or recommendation
legal rules of evidence, but reasonable
to the Secretary as to a matter arising
standards of competency, relevancy,
from, but not directly related to, the
and materiality are observed for the re- issues in a case, it does so by separate
ceipt and consideration of evidence. communication.
(c) All testimony shall be given under
oath or affirmation. 52.62 Minority report.
52.57 Record of hearing. In case of disagreement among Board
members, a minority report may be
A hearing pursuant to this subpart in submitted dissenting from or concur-
open session shall be recorded verbatim ring with the decision of the Board.
and, at the discretion of the Board or
direction of the Secretary, shall be 52.63 Record of proceedings.
transcribed.
(a) The Board shall prepare a com-
plete record of each proceeding. The
Subpart GJudgment and record shall include the application for
Disposition relief; the written views of the Coast
Guard, if any; any transcript of testi-
52.61 Deliberations and decision. mony; affidavits and documents consid-
(a) The Board is convened at the call ered by the Board; briefs and written
of the Chair and its meetings are re- arguments filed in the case; the find-
cessed or adjourned by order of the ings, decisions, and recommendations
Chair. Only members of the Board and of the Board; minority reports, if any;
its staff may be present during the de- and all other materials necessary to re-
liberations of the Board. The Boards flect a true and complete history of the
deliberations are conducted in execu- proceedings.
tive session and are not reported. (b) After final action has been taken
(b) When the Board finds that the on an application in accordance with
facts have not been fully and fairly dis- 52.64, any classified, privileged, or sen-
closed by the records, testimony, and sitive information in the record of pro-
any other evidence before the Board, ceedings that has been provided by the
the Board may request the applicant Coast Guard or another Government
and/or the Coast Guard to obtain and office in accordance with 52.42 or
submit such further evidence as it con- 52.43 shall be returned by the Board to
siders essential to a complete and im- the office from which it was received.
partial understanding of the facts and Only a copy of the information pro-
issues. vided by the Coast Guard or other Gov-
(c) Following the receipt of all evi- ernment office for release to the appli-
dence, the Chair shall cause to be pre- cant in accordance with 52.43(c) shall
pared and shall submit to the Board for be retained in the permanent record of
its consideration a draft decision con- proceedings after final action is taken.
taining proposed findings and conclu-
sions and a proposed order. A majority 52.64 Final action.
vote of the members of the Board (a) The Board, provided that it acts
present at a meeting on any matter re- unanimously, may take final action on
lating to a draft decision before the behalf of the Secretary, pursuant to 10
Board shall constitute the action of the U.S.C. 1552, as follows:
Board. If a draft decision is approved (1) The Board may deny an applica-
by the Board, it shall become a deci- tion for the correction of military
sion of the Board. records.
(d) The decision of the Board shall (2) Unless the Coast Guard, in sub-
specify any change, correction, or mitting its views pursuant to 52.42(b),
modification of records to be made by identifies and describes a significant
127
52.65 33 CFR Ch. I (7110 Edition)
issue of Coast Guard policy challenged 52.66 Notification.

in the application, the Board may ap-
After final action is taken under
prove an application for the correction
52.64, the Board shall send a copy of
of military records in any of the fol- the final decision to the applicant. The
lowing categories: applicant may inspect the permanent
(i) An application to correct an en- record of proceedings at Board offices.
listment or reenlistment contract or
agreement to extend an enlistment for 52.67 Reconsideration.
the purpose of effecting or increasing
(a) Reconsideration of an application
entitlement to a Selective Reenlist-
for correction of a military record
ment Bonus; shall occur if an applicant requests it
(ii) An application to modify an elec- and the request meets the require-
tion to participate in the Survivor Ben- ments set forth in paragraph (a)(1) or
efit Plan; (a)(2) of this section.
(iii) An application to change a reen- (1) An applicant presents evidence or
listment eligibility code; information that was not previously
(iv) An application to correct the considered by the Board and that could
character of, or reason for, a discharge result in a determination other than
or separation; or that originally made. Such new evi-
(v) An application to receive a medal dence or information may only be con-
or award. sidered if it could not have been pre-
(3) The Board may approve any appli- sented to the Board prior to its origi-
cation for correction of military nal determination if the applicant had
records not included in one of the cat- exercised reasonable diligence; or
egories in paragraph (a)(2) of this sec- (2) An applicant presents evidence or
tion, if the Coast Guard recommends information that the Board, or the Sec-
the same or substantially same relief retary as the case may be, committed
as that requested by the applicant. legal or factual error in the original
(b) Except in cases where the Board determination that could have resulted
takes final action under paragraph (a) in a determination other than that
of this section, the Board shall forward originally made.
the record of its proceedings to the (b) The Chair shall docket a request
Secretary, who may approve, dis- for reconsideration of a final decision if
approve, or concur in the decision of it meets the requirements of paragraph
the Board or the minority report, if (a)(1) or (a)(2) of this section. If neither
any, either in whole or in part, and of these requirements is met, the Chair
amend the order of the Board accord- shall not docket such request.
ingly, or return the case to the Board (c) The Board shall consider each ap-
for additional consideration. After tak- plication for reconsideration that has
ing final action, the Secretary shall been docketed. None of the Board
send any such statement and the members who served on the Board that
considered an applicants original ap-
record of proceedings to the Board for
plication for correction shall serve on
disposition.
the Board that decides the applicants
52.65 Orders. application upon reconsideration.
(d) Action by the Board on a dock-
(a) The Board shall issue such orders eted application for reconsideration is
or directives as may be necessary to subject to 52.26 and 52.64(b).
carry out a final action. (e) An applicants request for recon-
(b) The Board may ask the Coast sideration must be filed within two
Guard to submit a written report to years after the issuance of a final deci-
the Board specifying the action taken sion, except as otherwise required by
and the date thereof with respect to law. If the Chair dockets an applicants
any final action. request for reconsideration, the two-
(c) Unless doing so is likely to nullify year requirement may be waived if the
the relief granted, copies of the final Board finds that it would be in the in-
decision shall be placed in the military terest of justice to consider the request
record of the applicant. despite its untimeliness.
128
Subpart HPayment of Claims Guards authority, or if the Coast

and Implementation of Orders Guard believes that the order is incom-
plete because of an oversight, the final
52.71 Authority to pay. decision shall be returned to the Board
(a) The Coast Guard is authorized to for clarification or technical amend-
pay the claims of any person as the re- ment.
sult of any action heretofore or here-
52.74 Report of settlement.
after taken under 10 U.S.C. 1552.
(b) The Coast Guard is not authorized When payment is made pursuant to
to pay any claim heretofore com- the order of the Board, the Board may
pensated by Congress through enact- request the Coast Guard to notify it of
ment of private law, or to pay any the name of any person to whom pay-
amount as compensation for any ben- ment was made and of the amount of
efit to which the claimant might subse- the payment.
quently become entitled under the laws
and regulations administered by the Subpart IPublic Access to
Secretary of Veterans Affairs. Decisions
52.72 Implementation of orders.
52.81 Reading room and index.
(a) In each case the Board shall
transmit a copy of its decision or the After deleting only so much personal
Secretarys decision to the proper information as is necessary to prevent
Coast Guard authority for determina- an unwarranted invasion of privacy of
tion of monetary benefits due, if any, the applicant or other persons men-
as a result of the action of the Board tioned in the final decision of the
and for corrections of the military Board, a redacted copy of each final de-
record ordered by the Board. cision shall be indexed by subject and
(b) Upon request, the claimant is re- made available for review and copying
quired to furnish to the Board or to the at a public reading room. Final deci-
Coast Guard any information necessary sions created on or after November 1,
to determine the proper parties to the 1996, shall be made available by elec-
claim for payment under applicable tronic means. 5 U.S.C. 552.
provisions of law.
(c) Appropriate records shall be ex- PART 53COAST GUARD
amined in light of the Boards decision WHISTLEBLOWER PROTECTION
to determine all amounts which may
be due. Amounts found due are subject Sec.
to setoff in the amount of any existing 53.1 Purpose.
indebtedness to the Government aris- 53.3 Applicability.
ing from Coast Guard service and to 53.5 Definitions.
other setoffs required by law or regula- 53.7 Requirements.
tion. 53.9 Responsibilities.
(d) At the time of payment, the 53.11 Procedures.
claimant shall be advised as to the na-
ture and amount of the various bene- AUTHORITY: 10 U.S.C. 1034; Pub. L. 100456,
102 Stat. 1918; Pub. L. 101225, 103 Stat. 1908;
fits represented by the total settle- Pub. L. 107296, 116 Stat. 2135.
ment, and of the fact that acceptance
of the settlement constitutes a com- SOURCE: 56 FR 13405, Apr. 2, 1991, unless
plete release by the claimant of any otherwise noted.
claim against the United States on ac-
count of the correction of record or- 53.1 Purpose.
dered by the Board. This part:
(a) Establishes policy and imple-
52.73 Interpretation. ments section 1034 of title 10 of the
If the intent or import of the final United States Code to provide protec-
decision is not clear to the Coast tion against reprisal to members of the
Guard, if the Coast Guard believes that Coast Guard for making a lawful com-
executing all or part of the order in the munication to a Member of Congress or
final decision is beyond the Coast an Inspector General.
129
(b) Assigns responsibilities and dele- tions include, but are not limited to, a
gates authority for such protection and disciplinary or other corrective action;
prescribes operating procedures. a transfer or reassignment; a perform-
ance evaluation; or a decision con-
53.3 Applicability. cerning a promotion, pay, benefits,
This part applies to members of the awards, or training.
United States Coast Guard, the Board Reprisal. Taking or threatening to
for Correction of Military Records of take an unfavorable personnel action
the Coast Guard, and the Department or withholding or threatening to with-
of Homeland Securitys Office of the hold a favorable personnel action
Inspector General. against a member of the Coast Guard
[56 FR 13405, Apr. 2, 1991, as amended by for making or preparing to make a
USCG200314505, 68 FR 9535, Feb. 28, 2003] communication to a Member of Con-
gress or an Inspector General.
53.5 Definitions. Secretary. The Secretary of Homeland
As used in this part, the following Security or his or her delegate.
terms shall have the meaning stated,
[56 FR 13405, Apr. 2, 1991, as amended by
except as otherwise provided: USCG200314505, 68 FR 9535, Feb. 28, 2003]
Board for Correction of Military
Records of the Coast Guard. The Depart- 53.7 Requirements.
ment of Homeland Security Board for
Correction of Military Records of the (a) No person within the Department
Coast Guard (Board) is empowered of Homeland Security may restrict a
under 10 U.S.C. 1552 to make correc- member of the Coast Guard from law-
tions of Coast Guard military records. fully communicating with a Member of
The Board is part of the Office of the Congress or an Inspector General.
General Counsel in the Office of the (b) Members of the Coast Guard shall
Secretary of Homeland Security. be free from reprisal for making or pre-
Corrective Action. Any action deemed paring to make lawful communications
necessary to make the complainant to Members of Congress or an Inspector
whole, changes in agency regulations General.
or practices, and/or administrative or (c) Any employee or member of the
disciplinary action against offending Coast Guard who has the authority to
personnel, or referral to the U.S. Attor- take, direct others to take, or rec-
ney General or courtmartial convening ommend or approve any personnel ac-
authority of any evidence of criminal tion shall not, under such authority,
violation. take, withhold, threaten to take, or
Inspector General. The Inspector Gen- threaten to withhold a personnel ac-
eral in the Office of Inspector General tion regarding any member of the
of the Department of Homeland Secu- Coast Guard in reprisal for making or
rity, as appointed under the Inspector preparing to make a lawful commu-
General Act of 1978. nication to a Member of Congress or an
Law Specialist. A commissioned offi- Inspector General.
cer of the Coast Guard designated for
special duty (law). [56 FR 13405, Apr. 2, 1991, as amended by
USCG200314505, 68 FR 9535, Feb. 28, 2003]
Member of the Coast Guard. Any past
or present Coast Guard uniformed per- 53.9 Responsibilities.
sonnel, officer or enlisted, regular or
reserve. This definition includes cadets (a) The Inspector General, Depart-
of the Coast Guard Academy. ment of Homeland Security shall:
Member of Congress. In addition to a (1) Expeditiously investigate any al-
Representative or a Senator, the term legation, if such allegation is sub-
includes any Delegate or Resident mitted, that a personnel action has
Commissioner to Congress. been taken (or threatened) in reprisal
Personnel Action. Any action taken for making or preparing to make a law-
regarding a member of the Coast Guard ful communication to a Member of
that adversely affects or has the poten- Congress or an Inspector General con-
tial to adversely affect the members cerning a complaint or disclosure of in-
position or his or her career. Such ac- formation that the member reasonably
130
believes constitutes evidence of a vio- mine the views of that person con-
lation of law or regulation, mis- cerning the disposition of the matter.
management, a gross waste of funds, an (b) The Board shall, in accordance
abuse of authority, or a substantial with its regulations (33 CFR part 52):
and specific danger to public health or (1) Consider under 10 U.S.C. 1552 and
safety. No investigation is required 33 CFR part 52 an application for the
when such allegation is submitted correction of records made by a Coast
more than 60 days after the Coast Guard member who has filed a timely
Guard member became aware of the complaint with the Inspector General,
personnel action that is the subject of alleging that a personnel action was
the allegation. taken in reprisal for making or pre-
(2) Initiate a separate investigation paring to make a lawful communica-
of the information the Coast Guard tion to a Member of Congress or an In-
member believes evidences wrongdoing spector General. This may include oral
if such investigation has not already argument, examining and cross-exam-
been initiated. The Inspector General ining witnesses, taking depositions,
is not required to make such an inves- and conducting an evidentiary hearing
tigation if the information that the at the Boards discretion.
Coast Guard member believes evi- (2) Review the report of any inves-
dences wrongdoing relates to actions tigation by the Inspector General into
that took place during combat. the Coast Guard members allegation
(3) Complete the investigation of the of reprisal.
allegation of reprisal and issue a report (3) As deemed necessary, request the
not later than 90 days after receipt of Inspector General to gather further
the allegation, which shall include a evidence and issue a further report to
thorough review of the facts and cir- the Board.
cumstances relevant to the allegation, (4) Issue a final decision concerning
the relevant documents acquired dur- the application for the correction of
ing the investigation, and summaries military records under this part not
of interviews conducted. The Inspector later than 180 days after receipt of a
General may forward a recommenda- complete application.
tion as to the disposition of the com- (c) If the Board elects to hold an ad-
plaint. ministrative hearing, the Coast Guard
(4) Submit a copy of the investiga- member may be represented by a Coast
tion report to the Secretary of Home- Guard law specialist if:
land Security and to the Coast Guard (1) The Inspector General, in the re-
member making the allegation not port of the investigation, finds there is
later than 30 days after the completion probable cause to believe that a per-
of the investigation. The copy of the sonnel action was taken, withheld, or
report issued to the Coast Guard mem- threatened in reprisal for the Coast
ber may exclude any information not Guard member making or preparing to
otherwise available to the Coast Guard make a lawful communication to a
member under the Freedom of Informa- Member of Congress or an Inspector
tion Act (5 U.S.C. 552). General;
(5) If a determination is made that (2) The Chief Counsel of the Coast
the report cannot be issued within 90 Guard determines that the case is un-
days of receipt of the allegation, notify usually complex or otherwise requires
the Secretary and the Coast Guard the assistance of a law specialist to en-
member making the allegation of the sure proper presentation of the legal
reasons why the report will not be sub- issues in the case; and
mitted within that time, and state (3) The Coast Guard member is not
when the report will be submitted. represented by outside counsel chosen
(6) At the request of the Board, sub- by the member.
mit a copy of the investigative report (d) If the Board elects to hold an ad-
to the Board. ministrative hearing, the Board must
(7) After the final action with respect ensure that the Coast Guard member
to an allegation filed under this part, may examine witnesses through deposi-
whenever possible, interview the per- tion, serve interrogatories, and request
son who made the allegation to deter- the production of evidence, including
131
53.11 33 CFR Ch. I (7110 Edition)
evidence in the Inspector General in- leged to be motivated by reprisal; the

vestigatory record but not included in individual(s) believed to be responsible
the report released to the member. for the personnel action; the date when
(e) If the Board determines that a the alleged reprisal occurred; and any
personnel action was taken in reprisal information that suggests or evidences
for a Coast Guard member making or a connection between the communica-
preparing to make a lawful commu- tion and reprisal. The complaint should
nication to a Member of Congress or an also include a description of the com-
Inspector General, the Board may for- munication to a Member of Congress or
ward its recommendation to the Sec- an Inspector General including a copy
retary for the institution of appro- of any written communication and a
priate administrative or disciplinary brief summary of any oral communica-
action against the individual or indi- tion showing date of communication,
viduals found to have taken reprisal, subject matter, and the name of the
and direct any appropriate correction person or official to whom the commu-
of the members records. nication was made.
(f) The Board shall notify the Inspec-
(c) A member of the Coast Guard who
tor General of the Boards decision con-
is alleging reprisal for making or pre-
cerning an application for the correc-
paring to make a lawful communica-
tion of military records of a Coast
tion to a Member of Congress or an In-
Guard member who alleged reprisal for
spector General, may submit an appli-
making or preparing to make a lawful
communication to a Member of Con- cation for the correction of military
gress or an Inspector General, and of records to the Board, in accordance
any recommendation to the Secretary with regulations governing the Board.
for appropriate administrative or dis- See 33 CFR part 52.
ciplinary action against the individual (d) An application submitted under
or individuals found to have taken re- paragraph (c) of this section shall be
prisal. considered in accordance with regula-
(g) When reprisal is found, the Sec- tions governing the Board. See 33 CFR
retary shall ensure that appropriate part 52.
corrective action is taken.
[56 FR 13405, Apr. 2, 1991, as amended by PART 54ALLOTMENTS FROM AC-
USCG200314505, 68 FR 9535, Feb. 28, 2003] TIVE DUTY PAY FOR CERTAIN
SUPPORT OBLIGATIONS
53.11 Procedures.
(a) Any member of the Coast Guard, Sec.
who reasonably believes a personnel ac- 54.01 Purpose.
tion (including the withholding of an 54.03 Persons authorized to give notices.
action) was taken or threatened in re- 54.05 Form and contents of notice.
prisal for making or preparing to make 54.07 Service of notice upon designated
a lawful communication to a Member Coast Guard official.
of Congress or an Inspector General, AUTHORITY: 42 U.S.C. 665(c).
may file a complaint with the DOT In-
spector General Hotline under this SOURCE: CGD 82109, 48 FR 4285, Jan. 31,
part. Such a complaint may be filed by 1983, unless otherwise noted.
telephone, or by letter addressed to the
54.01 Purpose.
Department of Transportation, Office
of Inspector General, Hotline Center, This part prescribes procedures for
P.O. Box 23178, Washington, D.C. 20026 State officials to notify the Coast
0178. Telephone Numbers: 1800424 Guard that a member on active duty is
9071, FTS 83661461. The commercial delinquent in meeting an obligation for
number is (202) 3661461. child support alone, or both child and
(b) The complaint should include the spousal support, in an amount equal to
name, address, and telephone number the support payable for two months or
of the complainant; the name and loca- longer. Under 42 U.S.C. 665, an allot-
tion of the activity where the alleged ment may be taken from the pay and
violation occurred; the personnel ac- allowances of the member in this situa-
tion taken, or threatened, that is al- tion.
132
54.03 Persons authorized to give no- (2) For each court order and for each
tices. administrative order, if not stated in
For the purpose of instituting an al- the support order:
lotment under this part, notice that a (i) An explanation as to how personal
Coast Guard member is delinquent in jurisdiction was obtained over the
meeting support obligations may be member; and
given by: (ii) A statement on the age of major-
(a) Any agent or attorney of any ity in the state law, with appropriate
State having in effect a plan approved legal citations.
under Part D of Title IV of the Social
Security Act (42 U.S.C. 651664), who 54.07 Service of notice upon des-
ignated Coast Guard official.
has the duty or authority to seek re-
covery of any amounts owed as child or The notice and all accompanying
child and spousal support, including documentation must be sent to Com-
any official of a political subdivision manding Officer, Coast Guard Human
when authorized under a State plan. Resources Service and Information
(b) The court that has authority to Center, Federal Building, 444 S.E. Quin-
issue an order against the member for cy Street, Topeka, KS 666833591, tele-
the support and maintenance of a phone 7853393595, facsimile 785339
child, or any agent of that court. 3788.
[CGD 82109, 48 FR 4285, Jan. 31, 1983, as
54.05 Form and contents of notice. amended by CGD 88052, 53 FR 25119, July 1,
(a) The notice required to institute 1988; CGD 97023, 62 FR 33362, June 19, 1997;
an allotment under this part must be USCG20019286, 66 FR 33639, June 25, 2001]
given in the form of a court order, let-
ters, or other document issued by a PART 55CHILD DEVELOPMENT
person specified in 54.03. SERVICES
(b) The notice must:
(1) Provide the full name, social secu- Subpart AGeneral
rity number, and duty station of the
member who owes the support obliga- Sec.
tion; 55.1 Purpose.
55.3 Who is covered by this part?
(2) Specify the amount of support
55.5 Who is eligible for child development
due, and the period in which it has re- services?
mained owing; 55.7 Definitions.
(3) Be accompanied by a certified 55.9 Child development centers.
copy of an order directing the payment 55.11 How are child development center fees
of this support issued: established?
(i) By a court of competent jurisdic- 55.13 Family child care providers.
tion, or; AUTHORITY: 14 U.S.C. 515.
(ii) In accordance with an adminis-
SOURCE: USCG19983821, 64 FR 6528, Feb.
trative procedure which is established
by State law, affords substantial due
process, and is subject to judicial re-
view; Subpart AGeneral
(4) Provide the full name, social secu-
55.1 Purpose.
rity number, and mailing address of
the person to whom the allotment is to This subpart implements 46 U.S.C.
be paid; 515, which provides for Coast Guard
(5) Identify the period in which the Child Development Services.
allotment is to remain in effect; and
(6) Identify the name and birth date 55.3 Who is covered by this subpart?
of all children for whom support is to This subpart applies to all Coast
be provided under the allotment. Guard installations.
(c) Each notice must be accompanied
by the following information: 55.5 Who is eligible for child develop-
ment services?
(1) For each administrative order, a

copy of all provisions of state law gov- Coast Guard members and civilian
erning its issuance. Coast Guard employees are eligible for
133
the child developmental services de- Total family income means the earned
scribed in this subpart. As space is income for adult members of the
available, members of the other Armed household including wages, salaries,
Forces and other Federal civilian em- tips, long-term disability benefits re-
ployees are also eligible. ceived by a family, incentive and spe-
cial pay for service or anything else of
55.7 Definitions. value, even if not taxable, that was re-
As used in this subpart ceived for providing services. Also in-
Child development center means a fa- cluded is Basic Allowance for Housing
cility located on a Coast Guard instal- and Basic Allowance for Subsistence
lation that offers, on a regularly sched- authorized for the pay grade of mili-
uled basis, developmental services de- tary personnel, whether the allowance
signed to foster social, emotional, is received in cash or in-kind. Total
physical, creative, and intellectual Family Income does not include: the
growth to groups of children. geographic cost of living allowance; al-
Child development services means de- imony and child support; temporary
velopmental services provided at a duty allowances or reimbursements for
child development center or by a fam- educational expenses; veterans bene-
ily child care provider at his or her fits; workers compensation benefits;
Coast Guard-owned or -leased home. and, unemployment compensation.
Coast Guard family child care provider These are to be excluded from total
means a Coast Guard family member, family income.
18 years of age or older, who provides
Uneconomical and inefficient means
child care for 10 hours or more per
that the fees collected from parents
week per child to one but no more than
six children, including the providers can not be used in a manner that pro-
own children under the age of eight, on vides a quality program at an afford-
a regular basis in his or her Coast able cost to parents using the child
Guard-owned or -leased housing. care services.
Coast Guard family child care services
55.9 Child development centers.
means child care provided on a regu-
larly scheduled basis for 10 hours or (a) The Commandant may make child
more a week by an individual certified development services available at child
by the Coast Guard and who resides in development centers located at Coast
Coast Guard-controlled housing. Guard installations.
Command means the Commanding Of- (b) Regular and unannounced inspec-
ficer of one or more units of personnel tions of each child development center
in a limited geographic area with re- shall be conducted annually by head-
sponsibility for a child development quarters program personnel, the com-
center. manding officer of the sponsoring com-
Family child care means child care mand, fire personnel, and health and
provided in the home of a provider, ei- safety personnel.
ther a Coast Guard family child care (c) Training programs shall be con-
provider or a family home day care ducted monthly to ensure that all child
provider. development center employees com-
Family home day care provider means plete a minimum of 20 hours of train-
an individual 18 years of age or older ing annually with respect to early
who is licensed by the state agency childhood development, activities and
that regulates child care. This person
disciplinary techniques appropriate to
provides child care to one but to no
children of different ages, child abuse
more than six children, including the
prevention and detection, and appro-
providers own children under the age
of eight, on a regular basis in his or her priate emergency medical procedures.
residence.
55.11 How are child development
Geographic cost of living allowance center fees established?
means the adjustment in basic pay re-

lated to higher living costs in certain (a) Fees for the provision of services
geographic areas. at child development centers shall be
134
set by each Command with responsi- (1) The purchase of consumable or

bility for a center-based program, ac- disposable items for Coast Guard child
cording to the following total family development centers; and
income chart: (2) If the requirements of such cen-
ters for consumable or disposable items
TOTAL FAMILY INCOME
for a given fiscal year have been met,
$0 to $23,000 for other expenses of those centers.
$23,001 to $34,000
$34,001 to $44,000 55.13 Family child care providers.
$44,001 to $55,000
When appropriated funds are avail-
Over $55,000
able, funds may be offered to provide
(b) Fees for the provision of services assistance to Coast Guard Family
at Coast Guard child development cen- Child Care Providers or to family home
ters shall be used only for compensa- day care providers so that family child
tion for employees at those centers care services can be provided to mili-
who are directly involved in providing tary members and civilian employees
child care, unless it is uneconomical of the Coast Guard, at a cost com-
and inefficient. If uneconomical and in- parable to the cost of services at Coast
efficient, then the fees may be used for: Guard child development centers.
135
SUBCHAPTER CAIDS TO NAVIGATION
CROSS REFERENCE: Corps of Engineers, De- aids to navigation operated by the

partment of the Army, see Chapter II of this other armed services, and private aids
title. to navigation operated by other per-
sons.
PART 60 [RESERVED] (b)(1) This part describes the general
characteristics of the U.S. Aids to
PART 62UNITED STATES AIDS TO Navigation System, and the details,
NAVIGATION SYSTEM policies and procedures employed by
the Coast Guard in establishing, main-
Subpart AGeneral taining, operating, changing or dis-
Sec.
continuing Federal aids to navigation.
62.1 Purpose. Regulations concerning the marking of
62.3 Definition of terms. wrecks, structures, and other obstruc-
62.5 Marking of marine parades and regat- tions are found in 33 CFR part 64. Regu-
tas. lations concerning private aids are
found in 33 CFR part 66. Regulations
Subpart BThe U.S. Aids to Navigation
concerning the marking of artificial is-
System
lands and structures which are erected
62.21 General. on or over the seabed and subsoil of the
62.23 Beacons and buoys. Outer Continental Shelf of the United
62.25 Lateral marks. States or its possessions are found in 33
62.27 Safe water marks.
62.29 Isolated danger marks.
CFR part 67. Regulations concerning
62.31 Special marks. the marking of bridges are found in 33
62.32 Inland waters obstruction mark. CFR part 118. Regulations concerning
62.33 Information and regulatory marks. aids to navigation at deepwater ports
62.35 Mooring buoys. are found in subchapter NN of this
62.37 Lighthouses. chapter.
62.41 Ranges.
62.43 Numbers and letters. (2) The regulations found in 33 CFR
62.45 Light characteristics. subpart 66.10 expire on December 31,
62.47 Sound signals. 2003, at which time the provisions of
62.49 Intracoastal Waterway identification. this part will apply.
62.51 Western Rivers Marking System.
(c) The Coast Guard maintains sys-
62.53 Racons.
62.54 Ownership identification. tems of marine aids to navigation con-
sisting of visual, audible, and elec-
Subpart C [Reserved] tronic signals which are designed to as-
sist the prudent mariner in the process
Subpart DPublic Participation in the Aids of navigation. The aids to navigation
to Navigation System system is not intended to identify
62.63 Recommendations. every shoal or obstruction to naviga-
62.65 Procedure for reporting defects and tion which exists in the navigable wa-
discrepancies. ters of the United States, but rather
AUTHORITY: 14 U.S.C. 85; 33 U.S.C. 1222, 1233; provides for reasonable marking of ma-
43 U.S.C. 1333; Department of Homeland Se- rine features as resources permit. The
curity Delegation No. 0170. primary objective of the aids to navi-
SOURCE: CGD 86031, 52 FR 42640, Nov. 6, gation system is to mark navigable
1987, unless otherwise noted. channels and waterways, obstructions
adjacent to these waterways, and ob-
Subpart AGeneral structions in areas of general naviga-
tion which may not be anticipated.
62.1 Purpose. Other waters, even if navigable, are
(a) The Coast Guard administers the generally not marked.
U.S. Aids to Navigation System. The [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
system consists of Federal aids to navi- amended by CGD 88018, 54 FR 48608, Nov. 24,
gation operated by the Coast Guard, 1989; CGD 97018, 63 FR 33573, June 19, 1998]
136
62.3 Definition of terms. Subpart BThe U.S. Aids to

Certain terms as used in this sub- Navigation System
chapter are defined as follows:
(a) Aid to Navigation. The term aid to 62.21 General.
navigation means any device external (a) The navigable waters of the
to a vessel or aircraft intended to as- United States and non-navigable State
sist a navigator to determine position waters after December 31, 2003, are
or safe course, or to warn of dangers or marked to assist navigation using the
obstructions to navigation. U.S. Aids to Navigation System, a sys-
(b) Commerce. The term commerce, in tem consistent with the International
addition to general, national and inter- Association of Lighthouse Authorities
national trade and commerce of the (IALA) Maritime Buoyage System. The
United States, includes trade and trav- IALA Maritime Buoyage System is fol-
el by seasonal passenger craft (marine lowed by most of the worlds maritime
and air), yachts, houseboats, fishing nations and will improve maritime
boats, motor boats, and other craft, safety by encouraging conformity in
whether or not operated for hire or buoyage systems worldwide. IALA
profit. buoyage is divided into two regions
(c) Commandant. The term Com- made up of Region A and Region B. All
mandant means the Commandant of navigable waters of the United States
the Coast Guard. follow IALA Region B, except U.S. pos-
(d) District Commander. The term Dis- sessions west of the International Date
trict Commander means the com- Line and south of 10 degrees north lati-
mander of a Coast Guard District. tude, which follow IALA Region A.
Coast Guard Districts are listed in Part Lateral aids to navigation in Region A
3 of this chapter. vary from those described throughout
(e) Corps of Engineers. The term Corps this Subpart. Non-lateral aids to navi-
of Engineers means the Corps of Engi- gation are the same as those used in
neers, Department of the Army. Region B. See 62.25. Appropriate nau-
tical charts and publications should be
(f) Person. The term person imparts
consulted to determine whether the
both singular or plural, as the case de-
Region A or Region B marking schemes
mands, and includes any Federal Agen-
are in effect for a given area.
cy, State, Territory, possession, or
public subdivision thereof, the District (b) The U.S. Aids to Navigation Sys-
of Columbia, and any corporation, com- tem is designed for use with nautical
pany, association, club, or other in- charts. Nautical charts portray the
strumentality. physical features of the marine envi-
ronment, including soundings and
(g) Navigable waters of the United
other submarine features, landmarks,
States. The term navigable waters of
and other aids necessary for the proper
the United States is defined in 2.36(a)
navigation of a vessel. This crucial in-
of this chapter.
formation cannot be obtained from
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as other sources, even ones such as topo-
amended by USCG20019044, 68 FR 42601, graphic maps, aeronautical charts, or
July 18, 2003] atlases. The exact meaning of an aid to
navigation may not be clear to the
62.5 Marking of marine parades and mariner unless the appropriate chart is
regattas. consulted, as the chart illustrates the
(a) The Coast Guard may establish relationship of the individual aid to
aids to navigation to mark marine pa- navigation to channel limits, obstruc-
rades and regattas which are regulated tions, hazards to navigation, and to the
by the Coast Guard for the purpose of total aids to navigation system.
protecting life and property, or to as- (c) The navigator should maintain
sist in the observance and enforcement and consult suitable publications and
of special regulations. For marine pa- instruments for navigation depending
rade and regatta regulations, see Part
on the vessels requirements. This ship-

100 of this chapter. board equipment is separate from the
(b) [Reserved] aids to navigation system, but is often
137
62.21 33 CFR Ch. I (7110 Edition)
essential to its use. The following pub- Local Notice to Mariners with more
lications are available from the U.S. timely information. Mariners should
Government to assist the navigator: monitor VHF-FM channel 16 to locate
(1) The Light List, published by the Coast Guard Marine Information
Coast Guard and available through the Broadcasts.
Government Printing Office or author- (d) The U.S. Aids to Navigation Sys-
ized sales agents, lists federal and pri- tem is primarily a lateral system
vate aids to navigation. It includes all which employs a simple arrangement
major Federal aids to navigation and of colors, shapes, numbers, and light
those private aids to navigation, which characteristics to mark the limits of
have been deemed to be important to navigable routes. This lateral system is
general navigation, and includes a supplemented by nonlateral aids to
physical description of these aids and navigation where appropriate.
their locations. (e) Generally, lateral aids to naviga-
(2) The United States Coast Pilot, tion indicate on which side of a vessel
published by the National Ocean Serv- an aid to navigation should be passed
ice and available through that agency when the vessel is proceeding in the
or authorized nautical chart sales Conventional Direction of Buoyage.
agents, supplements the information Normally, the Conventional Direction
shown on nautical charts. Subjects of Buoyage is the direction in which a
such as local navigation regulations, vessel enters navigable channels from
channel and anchorage peculiarities, seaward and proceeds towards the head
dangers, climatalogical data, routes, of navigation. In the absence of a route
and port facilities are covered. leading from seaward, the Conven-
(3) Local Notices to Mariners are tional Direction of Buoyage generally
published by local Coast Guard District follows a clockwise direction around
Commanders. Persons may be placed land masses. For example, proceeding
on the mailing list to receive local No- southerly along the Atlantic Coast,
tices by contacting the Aids to Naviga- from Florida to Texas along the Gulf
tion and Waterway Management Coast, and northerly along the Pacific
Branch of the appropriate Coast Guard Coast are considered as proceeding in
District. These notices pass informa- the Conventional Direction of Buoyage.
tion affecting navigation safety. In some instances, this direction must
Changes to aids to navigation, reported be arbitrarily assigned. Where doubt
dangers, scheduled construction or exists, the mariner should consult
other disruptions, chart corrections charts and other nautical publications.
and similar useful marine information (f) Although aids to navigation are
is made available through this publica- maintained to a reasonable degree of
tion. reliability, the rigors of the marine en-
(4) The Notice to Mariners is a na- vironment and various equipment fail-
tional publication, similar to the Local ures do cause discrepancies on occa-
Notice to Mariners, published by the sion.
National Imagery and Mapping Agen- (g) The Coast Guard makes reason-
cy. The notice may be obtained free of able efforts to inform the navigator of
charge from commercial maritime known discrepancies, and to correct
sources and, upon request, to Defense them within a reasonable period of
Logistics Agency, Defense Supply Cen- time, depending upon resources avail-
ter Richmond, ATTN: JNB, 8000 Jeffer- able. Occasionally, a temporary aid to
son Davis Highway, Richmond, VA navigation, which provides different
232975100 or FAX 8042796510, ATTN: but similar service, is deployed until
Accounts Manager, RMF. A letter of permanent repairs can be made to the
justification should be included in the original aid. Notification of such tem-
request. This publication provides porary changes is made through the
ocean going vessels significant infor- notice to mariners system.
mation on national and international (h) Mariners should exercise caution
navigation and safety. when using private aids to navigation
(5) The mariner should also listen to because private aids are often estab-
Coast Guard Broadcast Notices to lished to serve the needs of specific
Mariners. These broadcasts update the users rather than general navigation
138
and their purpose may not be obvious (iii) Pillar buoys have a wide cylin-
to casual users; and, discrepancies to drical base supporting a narrower su-
private aids are often detected, re- perstructure. They may be surmounted
ported, and corrected less promptly by colored shapes called topmarks.
than discrepancies to Coast Guard aids (iv) Spherical buoys have a round
to navigation. shape.
(2) Mariners attempting to pass a
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as
amended by CGD 88018, 54 FR 48608, Nov. 24,
buoy close aboard risk collision with a
1989; CGD 97018, 63 FR 33573, June 19, 1998; yawing buoy, the buoys mooring, or
USCG20019286, 66 FR 33640, June 25, 2001] with the obstruction which the buoy
marks.
62.23 Beacons and buoys. (3) Mariners should not rely on buoys
(a) Aids to navigation are placed on alone for determining their positions
shore or on marine sites to assist a due to factors limiting their reli-
navigator to determine his position or ability. Prudent mariners will use
safe course. They may mark limits of bearings or angles from beacons or
navigable channels, or warn of dangers other landmarks, soundings, and var-
or obstructions to navigation. The pri- ious methods of electronic navigation.
mary components of the U.S. Aids to Buoys vary in reliability because:
Navigation System are beacons and (i) Buoy positions represented on
buoys. nautical charts are approximate posi-
(b) Beacons are aids to navigation tions only, due to practical limitations
structures which are permanently fixed in positioning and maintaining buoys
to the earths surface. They range from and their sinkers in precise geo-
large lighthouses to small, single-pile graphical locations.
(ii) Buoy moorings vary in length.
structures and may be located on land
The mooring lengths define a watch
or in the water. Lighted beacons are
circle, and buoys can be expected to
called lights; unlighted beacons are
move within this circle. Actual watch
called daybeacons.
(1) Beacons exhibit a daymark. For circles do not coincide with the dots or
small structures these are colored geo- circles representing them on charts.
(iii) Buoy positions are normally
metric shapes which make an aid to
verified during periodic maintenance
navigation readily visible and easily
visits. Between visits, environmental
identifiable against background condi-
conditions, including atmospheric and
tions. Generally, the daymark conveys
sea conditions, and seabed slope and
to the mariner, during daylight hours,
composition, may shift buoys off their
the same significance as does the aids
charted positions. Also buoys may be
light or reflector at night. The
dragged off station, sunk, or capsized
daymark of large lighthouses and tow-
by a collision with a vessel.
ers, however, consists of the structure
itself. As a result, these daymarks do [CGD 86031, 52 FR 42640, Nov. 6, 1987; CGD 86
not infer lateral significance. 031, 52 FR 46351, Dec. 5, 1987]
(2) Vessels should not pass beacons
close aboard due to the danger of colli- 62.25 Lateral marks.
sion with rip-rap or structure founda- (a) Lateral marks define the port and
tions, or the obstruction or danger that starboard sides of a route to be fol-
the aid marks. lowed. They may be either beacons or
(c) Buoys are floating aids to naviga- buoys.
tion used extensively throughout U.S. (b) Sidemarks are lateral marks
waters. They are moored to the seabed which advise the mariner to stay to
by sinkers with chain or other moor- one side of the mark. Their most fre-
ings of various lengths. quent use is to mark the sides of chan-
(1) The daymark of a buoy is the nels; however, they may be used indi-
color and shape of the buoy and, if so vidually to mark obstructions outside
equipped, of the topmark. of clearly defined channels. Sidemarks
(i) Can buoys have a cylindrical are not always placed directly on a
shape. channel edge and may be positioned

(ii) Nun buoys have a tapered, conical outside the channel as indicated on
shape. charts and nautical publications.
139
62.27 33 CFR Ch. I (7110 Edition)
(1) Port hand marks indicate the left end of channels. Safe water marks are
side of channels when proceeding in the colored with red and white vertical
Conventional Direction of Buoyage. stripes. Beacons have an octagonal
Beacons have green square daymarks, daymark; red and white buoys are
while buoys are green can or pillar spherical or display a red spherical
buoys. topmark.
(2) Starboard hand marks indicate [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
the right side of channels when pro- amended by CGD 88018, 54 FR 48608, Nov. 24,
ceeding in the Conventional Direction 1989]
of Buoyage. Beacons have red tri-
angular daymarks, while buoys are red 62.29 Isolated danger marks.
nun or pillar buoys. Isolated danger marks indicate an
(c) Preferred channel marks indicate isolated danger which may be passed
channel junctions or bifurcations and on all sides. As these marks are erected
may also mark wrecks or obstructions or moored on or near dangers, they
which the mariner, after consulting a should not be approached closely with-
chart to ascertain the location of the out special caution. These marks are
obstruction relative to the aid, may colored black with one or more broad
pass on either side. Preferred channel horizontal red bands and are equipped
marks have red and green horizontal with a topmark of two black spheres,
bands with the color of the topmost one above the other.
band indicating the preferred channel.
If the topmost band is green, the mark [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
amended by CGD 88018, 54 FR 48608, Nov. 24,
serves as a port hand mark for vessels
1989]
following the preferred channel pro-
ceeding in the Conventional Direction 62.31 Special marks.
of Buoyage, and as a starboard hand
Special marks are not primarily in-
mark for the other channel. Beacons
tended to assist safe navigation, but to
would have square daymarks, while
indicate special areas or features re-
buoys would be can or pillar buoys. If
ferred to in charts or other nautical
the topmost band is red, the mark
publications. They may be used, for ex-
serves as a starboard hand mark for
ample, to mark anchorages, cable or
vessels following the preferred channel
pipeline areas, traffic separation
proceeding in the Conventional Direc-
schemes, military exercise zones, ocean
tion of Buoyage, and a port hand mark
data acquisition systems, etc. Special
for the other channel. Beacons would
marks are colored solid yellow.
have triangular daymarks, while buoys
would be nun or pillar buoys. 62.32 Inland waters obstruction
(d) The above color schemes apply to mark.
IALA Region B. Marks located in the (a) On inland waters designated by
IALA Region A exhibit reversed color the Commandant as State waters in ac-
significance: port hand marks will be cordance with 66.055 of this chapter
red when following the Conventional and on non-navigable internal waters
Direction of Buoyage, and starboard of a State which have no defined head
hand marks will be green. The meaning of navigation, a buoy showing alter-
of daymark and buoy shapes is iden- nate vertical black and white stripes
tical in both regions. may be used to indicate to a vessel op-
(e) Certain marks on the Intracoastal erator that an obstruction to naviga-
Waterway may exhibit reversed lateral tion extends from the nearest shore to
significance. See 62.49. the buoy.
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as (b) The black and white buoys mean-
amended by CGD 88018, 54 FR 48608, Nov. 24, ing is do not pass between the buoy
1989] and the shore. The number of white
and black stripes is discretionary, pro-
62.27 Safe water marks. vided that the white stripes are twice
Safe water marks indicate that there the width of the black stripes. Prior to
is navigable water all around the mark. December 31, 2003, this aid shall not be
They are often used to indicate fair- used on a waterway which has a red
ways or midchannels, or the seaward and white striped obstruction marker
140
defined in 66.1015(e)(3) of this chap- 62.41 Ranges.

ter, unless all obstruction markers are
Ranges are aids to navigation sys-
replaced.
tems employing dual beacons which,
[CGD 97018, 63 FR 33573, June 19, 1998] when the structures appear to be in
line, assist the mariner in maintaining
62.33 Information and regulatory a safe course. The appropriate nautical
marks. chart must be consulted when using
(a) Information and Regulatory ranges to determine whether the range
Marks are used to alert the mariner to marks the centerline of the navigable
various warnings or regulatory mat- channel and also to ascertain what sec-
ters. These marks have orange geo- tion of the range may be safety tra-
metric shapes against a white back- versed. Ranges are generally, but not
ground. The meanings associated with always, lighted, and display rectan-
the orange shapes are as follows: gular daymarks of various colors.
(1) A vertical open-faced diamond sig-
[CGD 86031, 52 FR 42640, Nov. 6, 1987; CGD 86
nifies danger. 031, 52 FR 46351, Dec. 5, 1987]
(2) A vertical diamond shape having a
cross centered within indicates that 62.43 Numbers and letters.
vessels are excluded from the marked
(a) All solid red and solid green aids
area.
are numbered, with red aids bearing
(3) A circular shape indicates that
even numbers and green aids bearing
certain operating restrictions are in ef-
odd numbers. The numbers for each in-
fect within the marked area.
crease in the Conventional Direction of
(4) A square or rectangular shape will
Buoyage. Numbers are kept in approxi-
contain directions or instructions let-
mately sequence on both sides of the
tered within the shape.
channel by omitting numbers where
(b) When a buoy is used as an infor-
necessary.
mation or regulatory mark it shall be
white with two horizontal orange (b) Only sidemarks are numbered.
bands placed completely around the However, aids other than those men-
buoy circumference. One band shall be tioned above may be lettered to assist
near the top of the buoy body, with a in their identification, or to indicate
second band placed just above the wa- their purpose. Sidemarks may carry
terline of the buoy so that both bands letters in addition to numbers to iden-
are clearly visible. tify the first aid to navigation in a wa-
terway, or when new aids to navigation
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as are added to channels with previously
completed numerical sequences. Let-
1998]
ters on sidemarks will follow alphabet-
62.35 Mooring buoys. ical order from seaward and proceeding
toward the Conventional Direction of
Mooring Buoys are white with a blue Buoyage and will be added to numbers
horizontal band. This distinctive color as suffixes.
scheme is recommended to facilitate
(c) Aids to navigation may be fitted
identification and to avoid confusion
with light-reflecting material to in-
with aids to navigation.
crease their visibility in darkness. The
62.37 Lighthouses. colors of this material may convey the
same significance as the aid except
Lighthouses are prominent beacons that letters and numbers may be white.
of varying size, color, and appearance
(d) Exceptions to the provisions of
employed to mark headlands, landfalls,
this section will be found on the West-
harbor entrances, channel edges, haz-
ern Rivers System. See 62.51.
ards, and other features. While nor-
(e) The guidelines for the display of
mally identified by their distinctive
appearance, some lighthouses display numbers and letters on aids to naviga-
diamond shaped, checkered daymarks tion are identical for both Region A
to facilitate recognition. and Region B; red aids to navigation
141
62.45 33 CFR Ch. I (7110 Edition)
display even numbers, and green aids (3) Safe Water Marks display a white
display odd numbers. Morse Code A rhythm (short-long
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as
flash).
amended by CGD 88018, 54 FR 48608, Nov. 24, (4) Isolated Danger Marks display a
1989] white group flashing two.
(5) Special Marks display yellow
62.45 Light characteristics. lights with fixed or slow flashing
(a) Lights on aids to navigation are rhythm preferred.
differentiated by color and rhythm. (6) Mooring Buoys and Information
Lighthouses and range lights may dis- and Regulatory Marks display white
play distinctive light characteristics to lights of various rhythms.
facilitate recognition. No special sig- (7) For situations where lights re-
nificance should be attached to the quire a distinct cautionary signifi-
color or rhythm of such lights. Other cance, as at sharp turns, sudden chan-
lighted aids to navigation employ light nel constrictions, wrecks, or obstruc-
characteristics to convey additional in- tions, a quick flashing light rhythm (60
formation. flashes per minute) may be used.
(b) When proceeding in the Conven- (e) Occasionally lights use sectors to
tional Direction of Buoyage, aids to mark shoals or warn mariners of other
navigation, if lighted, display light dangers. Lights so equipped show one
characteristics as follows: color from most directions and a dif-
(1) Green lights mark port (left) sides ferent color or colors over definite arcs
of channels and locations of wrecks or of the horizon as indicated on the ap-
obstructions which are to be passed by propriate nautical chart. These sectors
keeping these lights on the port (left) provide approximate bearing informa-
hand of a vessel. Green lights are also tion since the observer should note a
used on Preferred Channel Marks change of color as the boundary be-
where the topmost band is green. tween the sectors is crossed. As sector
(2) Red lights mark starboard (right) bearings are not precise, they should be
sides of channels and locations of considered a warning only and not used
wrecks or obstructions which are to be to determine exact bearing to the
passed by keeping these lights on the light.
starboard (right) hand of a vessel. Red (f) Aids to navigation may be fitted
lights are also used on Preferred Chan- with light-reflecting material to in-
nel Marks where the topmost band is crease their visibility in darkness.
red. Green or red reflective material is used
(3) Certain lights marking the Intra- only on marks which, if lighted, would
coastal Waterway may display reversed exhibit a light of that color. Yellow re-
lateral significance. See 62.49. flective material is used on special
(c) Yellow lights have no lateral sig- marks and on Intracoastal Waterway
nificance. Except on the Western Riv- marks. No significance is attached to
ers, see 62.51, white lights have no lat- white reflective material.
eral significance. The purpose of aids [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
exhibiting white or yellow lights may amended by CGD 88018, 54 FR 48608, Nov. 24,
be determined by their shape, color, 1989; CGD 97018, 63 FR 33573, June 19, 1998]
letters or numbers, and the light
rhythm employed. 62.47 Sound signals.
(d) Light rhythms, except as noted in (a) Often sound signals are located on
62.51 for the Western Rivers, are em- or adjacent to aids to navigation. When
ployed as follows: visual signals are obscured, sound sig-
(1) Aids with lateral significance dis- nals warn mariners of the proximity of
play regularly flashing or regularly danger.
occulting light rhythms. Ordinarily, (1) Sound signals are distinguished by
flashing lights (frequency not exceed- their tone and phase characteristics.
ing 30 flashes per minute) will be used. (i) Tones are determined by the de-
(2) Preferred Channel Marks display a vices producing the sound (i.e.,
composite group flashing light rhythm diaphones, diaphragm horns, reed

(groups of two flashes followed by one horns, sirens, whistles, bells and
flash). gongs).
142
(ii) Phase characteristics are defined terway in a southerly direction on the

by the signals sound pattern, i.e., the Atlantic Coast, in a westerly direction
number of blasts and silent periods per on the Okeechobee Waterway, or in a
minute and their durations. Sound sig- westerly direction along the Gulf
nals emanating from fixed structures Coast.
generally produce a specific number of [CGD 86031, 52 FR 42640, Nov. 6, 1987; CGD 86
blasts and silent periods each minute 031, 52 FR 46351, Dec. 5, 1987]
when operating. Buoy sound signals are
generally actuated by the motion of 62.51 Western Rivers Marking Sys-
the sea and therefore do not emit a reg- tem.
ular signal characteristic. (a) A variation of the standard U.S.
(2) Where no live watch is main- aids to navigation system described
tained, sound signals are normally op- above is employed on the Mississippi
erated continuously. However, some River and tributaries above Baton
are equipped with fog detectors which Rouge, LA and on certain other rivers
activate sound signals when visibility which flow toward the Gulf of Mexico.
falls below a predetermined limit. (b) The Western Rivers System varies
(b) Mariners should not rely solely on from the standard U.S. system as fol-
sound signals to determine their posi- lows:
tions for the following reasons: (1) Buoys are not numbered.
(1) Distance cannot be accurately de- (2) Numbers on beacons do not have
termined by sound intensity. odd/even lateral significance but, rath-
(2) Occasionally sound signals may er, indicate mileage from a fixed point
not be heard in areas close to their lo- (normally the river mouth).
cation. (3) Diamond-shaped non-lateral
(3) Signals may not sound in cases dayboards, checkered red-and-white or
where fog exists close to, but not at, green-and-white, similar to those used
the location of the sound signal. in the U.S. Aids to Navigation System,
(4) As buoy signals are generally acti- as appropriate, are used as crossing
vated by sea motion, they may produce dayboards where the river channel
no signals when seas are calm. crosses from one bank to the other.
(5) As previously noted, buoy posi- (4) Lights on green buoys and on bea-
tions are not always reliable. Therefore cons with green daymarks show a sin-
their sound signals cannot be assumed gle flash which may be green or white.
to be emanating from a fixed position. (5) Lights on red buoys and on bea-
cons with red daymarks show a double
62.49 Intracoastal Waterway identi- flash [Group Flashing (2)] which may
fication. be red or white.
(a) In addition to the conventional (6) Isolated danger marks are not
signals, aids to navigation marking the used.
Intracoastal Waterway exhibit unique [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
yellow symbols to distinguish them amended by CGD94091, 61 FR 27782, June 3,
from aids marking other waters. 1996; USCG20019286, 66 FR 33640, June 25,
(1) Yellow triangles indicate that 2001]
aids to navigation so marked should be
passed keeping them on the starboard 62.53 Racons.
(right) hand of a vessel, regardless of (a) Aids to navigation may be en-
the aids number, color, or light color. hanced by the use of radar beacons
(2) Yellow squares indicate that aids (racons). Racons, when triggered by a
to navigation so marked should be radar signal, will transmit a coded
passed keeping them on the port (left) reply to the interrogating radar. This
hand of a vessel, regardless of the aids reply serves to identify the aid station
number, color, or light color. by exhibiting a series of dots and
(3) A horizontal yellow band provides dashes which appear on the radar dis-
no lateral information, but simply play in a line emanating radially from
identifies aids to navigation as mark- just beyond the echo of the aid station.
ing the Intracoastal Waterway. Although racons may be used on both

(b) The above guidelines apply for laterally significant and non-laterally
vessels traversing the Intracoastal Wa- significant aids alike, the racon signal
143
62.54 33 CFR Ch. I (7110 Edition)
itself is for identification purposes it is not possible to maintain every aid

only, and therefore carries no lateral operating properly and on its charted
significance. position at all times. Marine safety
(b) Racons are also used as bridge will be enhanced if persons finding aids
marks to mark the best point of pas- missing, sunk, capsized, damaged, off
sage. station, or showing characteristics
other than those advertised in the
62.54 Ownership identification. Light List, or other publication,
Ownership identification on private promptly inform the Coast Guard.
or state aids to navigation is permitted When making the report to the Coast
so long as it does not change or hinder Guard the mariner should consult the
an understanding of the meaning of the Light List to ensure the correct geo-
aid to navigation. graphical information is used due to
the similarity of names and geo-
[CGD 97018, 63 FR 33573, June 19, 1998] graphical areas.
(c) Procedures for reporting defects
Subpart C [Reserved] and discrepancies:
(1) Radio messages should be prefixed
Subpart DPublic Participation in Coast Guard and transmitted di-
the Aids to Navigation System rectly to a Government shore radio
station listed in Chapter three of Radio
62.63 Recommendations. Navigation Aids Publication, 117, for
(a) The public may recommend relay to the relevant District Com-
changes to existing aids to navigation, mander.
request new aids or the discontinuation (2) Telephone, e-mail, or facsimile
of existing aids, and report aids no messages may also be used to advise
longer necessary for maritime safety. the nearest Coast Guard unit of defects
These recommendations should be sent or discrepancies in aids to navigation.
to the appropriate District Com- (3) Via our Web portal at http://
mander. www.navcen.uscg.gov.
(b) Recommendations, requests and [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
reports should be documented with as amended by USCG20007223, 65 FR 40054,
much information as possible to justify June 29, 2000; USCG20019286, 66 FR 33640,
the proposed action. Desirable informa- June 25, 2001; USCG200110714, 69 FR 24982,
tion includes: May 5, 2004; USCG20080179, 73 FR 35002,
June 19, 2008]
(1) Nature of the vessels which tran-
sit the area(s) in the question, includ-
ing type, displacement, draft, and num- PART 64MARKING OF STRUC-
ber of passengers and crew. TURES, SUNKEN VESSELS AND
(2) Where practicable, the kinds of OTHER OBSTRUCTIONS
navigating devices used aboard such
vessels (e.g, magnetic or gyro com- Subpart AGeneral
passes, radio direction finders, radar,
Sec.
loran, and searchlights). 64.01 Purpose.
(3) A chartlet or sketch describing 64.03 Scope.
the actual or proposed location of the 64.06 Definition of terms.
aid(s), and a description of the action
requested or recommended. Subpart BSunken Vessels and Other
Obstructions
62.65 Procedure for reporting defects
and discrepancies. 64.11 Marking and notification require-
ments.
(a) Mariners should notify the near- 64.13 Approval of markings.
est Coast Guard facility immediately 64.16 Duration of marking on sunken ves-
of any observed aids to navigation de- sels in navigable waters.
fects or discrepancies.
(b) The Coast Guard cannot monitor Subpart CStructures
the many thousands of aids in the U.S. 64.21 Marking and notification require-
Aids to Navigation System simulta- ments.
neously and continuously. As a result, 64.23 Duration of marking on structures.
144
Subpart DMiscellaneous Provisions sents sufficient danger to navigation so

as to require expeditious, affirmative
64.31 Determination of hazard to naviga-
tion.
action such as marking, removal, or re-
64.33 Marking by the Coast Guard. definition of a designated waterway to
provide for navigational safety.
AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 409, 1231;
High seas means those waters de-
42 U.S.C. 9118; 43 U.S.C. 1333; Department of
Homeland Security Delegation No. 0170.1. scribed in 2.32(c) of this chapter.
Markings means the lights and other
SOURCE: CGD 78156, 48 FR 11267, Mar. 17,
signals placed on or near structures,
sunken vessels, and other obstructions
for the protection of navigation.
Subpart AGeneral Navigable waters of the United States
means those waters described in
SOURCE: CGD 78156, 48 FR 11267, Mar. 17, 2.36(a) of this chapter, specifically in-
1983, unless otherwise noted. Redesignated cluding the waters described in
by CGD 91031, 57 FR 43402, Sept. 21, 1992. 2.22(a)(2) of this chapter.
64.01 Purpose. Obstruction means anything that re-
stricts, endangers, or interferes with
This part prescribes rules relating to navigation.
the marking of structures, sunken ves- Structures means any fixed or floating
sels and other obstructions for the pro- obstruction, intentionally placed in the
tection of maritime navigation. water, which may interfere with or re-
64.03 Scope. strict marine navigation.
(a) Except as provided in paragraph [CGD 78156, 48 FR 11267, Mar. 17, 1983. Redes-
(b) of this section these rules apply to: ignated and amended by CGD 91031, 57 FR
(1) Structures located in or over wa- 43402, Sept. 21, 1992; USCG20019044, 68 FR
42601, July 18, 2003; USCG200727887, 72 FR
ters subject to the jurisdiction of the 45902, Aug. 16, 2007]
United States and, on the high seas,
structures owned or operated by per-
sons subject to the jurisdiction of the Subpart BSunken Vessels and
United States; Other Obstructions
(2) Sunken vessels in the navigable
waters or waters above the continental SOURCE: CGD 78156, 48 FR 11267, Mar. 17,
shelf of the United States; and 1983, unless otherwise noted. Redesignated
(3) Other obstructions existing on or by CGD 91031, 57 FR 43402, Sept. 21, 1992.
in the navigable waters or waters
above the continental shelf of the 64.11 Marking and notification re-
United States. quirements.
(b) The following obstructions are ex- (a) The owner of a vessel, raft, or
empt from the requirements of this other craft wrecked and sunk in a navi-
part: gable channel shall mark it imme-
(1) Dredging pipelines subject to Sub- diately with a buoy or daymark during
chapter D of this chapter; the day and with a light at night. The
(2) Bridges subject to Subchapter J of owner of a sunken vessel, raft, or other
this chapter; obstruction that otherwise constitutes
(3) Vessels subject to the Inter- a hazard to navigation shall mark it in
national Regulations for preventing accordance with this subchapter.
Collisions at Sea, 1972 (1972 COLREGS) (b) Owners of vessels sunk in waters
or the Inland Navigation Rules; subject to the jurisdiction of the
(4) Deepwater port facilities subject United States or sunk on the high seas,
to subchapter NN of this chapter; and if the owner is subject to the jurisdic-
(5) Artificial islands and structures tion of the United States, shall
subject to Part 67 of this subchapter. promptly report to the District Com-
mander, in whose jurisdiction the ob-
64.06 Definition of terms. struction is located, the action they
As used in this part: are taking to mark the sunken vessel,

Hazard to navigation means an ob- giving the following information (in
struction, usually sunken, that pre- addition to the information required by
145
64.13 33 CFR Ch. I (7110 Edition)
46 CFR 4.05, Notice of Marine Casualty Subpart CStructures

and Voyage Records):
(1) Name and description of the sunk- SOURCE: CGD 78156, 48 FR 11267, Mar. 17,
en vessel; 1983, unless otherwise noted. Redesignated
(2) Accurate description of the loca- by CGD 91031, 57 FR 43402, Sept. 21, 1992.
tion of the vessel;
(3) Depth of water over the vessel; 64.21 Marking and notification re-
and quirements.
(4) Location and type of marking es- Before establishing a structure, the
tablished, including color and shape of owner or operator shall apply for Coast
buoy or other daymark and char- Guard authorization to mark the struc-
acteristic of the light. ture in accordance with 66.015 of this
(c) Owners of other obstructions may chapter. The appropriate District Com-
report the existence of such obstruc- mander will determine the marking re-
tions and mark them in the same man- quirements.
ner as prescribed for sunken vessels.
(d) Owners of marine pipelines that 64.23 Duration of marking on struc-
are determined to be hazards to naviga- tures.
tion shall report and mark the haz- Markings determined to be required
ardous portion of those pipelines in ac- shall be established and maintained
cordance with 49 CFR parts 192 or 195, until:
as applicable. (a) The structure is removed; or
(b) Otherwise directed by the District
[CGD 78156, 48 FR 11267, Mar. 17, 1983. Redes-
ignated and amended by CGD 91031, 57 FR Commander.
43402, Sept. 21, 1992; USCG19983799, 63 FR
35526, June 30, 1998; USCG200625150, 71 FR Subpart DMiscellaneous
39208, July 12, 2006] Provisions
64.13 Approval of markings.
SOURCE: CGD 78156, 48 FR 11267, Mar. 17,
(a) All markings of sunken vessels 1983, unless otherwise noted. Redesignated
and other obstructions established in by CGD 91031, 57 FR 43402, Sept. 21, 1992.
accordance with 64.11 must be re-
ported to and approved by the appro- 64.31 Determination of hazard to
priate District Commander. navigation.
(b) Should the District Commander In determining whether an obstruc-
determine that these markings are in- tion is a hazard to navigation for the
consistent with Part 62 of this sub- purposes of marking, the District Com-
chapter, they must be replaced as soon mander considers, but is not limited to,
as practicable with approved markings. the following factors:
[ CGD 78156, 48 FR 11267, Mar. 17, 1983. Re-
(a) Location of the obstruction in re-
designated by CGD 91031, 57 FR 43402, Sept. lation to the navigable channel and
21, 1992, and amended by USCG20019286, 66 other navigational traffic patterns;
FR 33640, June 25, 2001] (b) Navigational difficulty in the vi-
cinity of the obstruction;
64.16 Duration of marking on sunken (c) Depth of water over the obstruc-
vessels in navigable waters. tion, fluctuation of the water level, and
Markings shall be maintained until: other hydrologic characteristics in the
(a) The sunken vessel or other ob- area;
struction is removed; or (d) Draft, type, and density of vessel
(b) The right of the owner to abandon traffic or other marine activity in the
is legally established and exercised. vicinity of the obstruction;
(e) Physical characteristics of the ob-
NOTE: Notices of abandonment of sunken struction;
vessels or other obstructions will not be ac-
(f) Possible movement of the obstruc-
cepted by the Coast Guard. Any notice of in-
tention to abandon should be addressed to tion;
the District Engineer, Corps of Engineers, (g) Location of the obstruction in re-
U.S. Army, within whose district the sunken lation to other obstructions or aids to
vessel or other obstruction is located. navigation;
146
(h) Prevailing and historical weather 66.0115 Action by Coast Guard.

conditions; 66.0120 Inspection.
(i) Length of time that the obstruc- 66.0125 Discontinuance and removal.
tion has been in existence; 66.0130 Corps of Engineers approval.
(j) History of vessel incidents involv- 66.0140 Exemptions.
66.0145 Penalties.
ing the obstruction; and
66.0150 Protection of private aids to navi-
(k) Whether the obstruction is de- gation.
fined as a hazard to navigation under 66.0155 Transfer of ownership.
other statutes or regulations.
[CGD 91031, 57 FR 43403, Sept. 21, 1992] Subpart 66.05State Aids to Navigation
66.051 Purpose.
64.33 Marking by the Coast Guard. 66.055 Definitions.
(a) The District Commander may 66.0510 State waters for private aids to
mark for the protection of maritime navigation; designations; revisions, and
navigation any structure, sunken ves- revocations.
sel or other obstruction that is not 66.0520 Coast Guard-State agreements.
66.0525 Change and modification of State
suitably marked by the owner. Mark-
aids to navigation.
ings established by the Coast Guard do 66.0530 Notice to Mariners.
not relieve the owners duty or respon- 66.0535 Private aids to navigation other
sibility to mark the sunken vessel or than State owned.
other obstruction, or to remove it as 66.0540 Corps of Engineers approval.
required by law. 66.05100 Designation of navigable waters as
(b) Costs for markings established by State waters for private aids to naviga-
the Coast Guard will be determined in tion.
accordance with part 74 of this Chap-
ter. Subpart 66.10Uniform State Waterway
(c) Costs for marking of a sunken Marking System
vessel or other obstruction shall be 66.101 General.
charged to the owner and shall con- 66.10566.1010 [Reserved]
tinue until: 66.1015 Aids to navigation.
(1) The vessel or other obstruction is 66.1035 Navigation lights.
removed; AUTHORITY: 14 U.S.C. 83, 84, 85; 43 U.S.C.
(2) The right of the owner to abandon 1333; Pub. L. 107296, 116 Stat. 2135; Depart-
is legally established and has been ex- ment of Homeland Security Delegation No.
ercised; or 0170.1.
(3) The District Commander directs
otherwise. Subpart 66.01Aids to Navigation
NOTE: When the needs of navigation per- Other Than Federal or State
mit, the owner may be given reasonable op-
portunity to establish and maintain the nec- SOURCE: CGFR 68152, 33 FR 19816, Dec. 27,
essary markings. 1968, unless otherwise noted.
PART 66PRIVATE AIDS TO 66.011 Basic provisions.

NAVIGATION (a) The Uniform State Waterway
Marking Systems (USWMS) aids to
Subpart 66.01Aids to Navigation Other navigation provisions for marking
Than Federal or State channels and obstructions (see 66.1015
Sec. in this part) may be used in those navi-
66.011 Basic provisions. gable waters of the U.S. that have been
66.013 Delegation of authority to District designated as state waters for private
Commanders. aids to navigation and in those inter-
66.015 Application procedure. nal waters that are non-navigable wa-
66.0110 Characteristics. ters of the U.S. All other provisions for
66.0111 Lights.
the use of regulatory markers and
66.0112 May I continue to use the private
aid to navigation I am currently using? other aids to navigation must be in ac-
66.0113 When must my newly manufactured cordance with United States Aid to
equipment comply with these rules? Navigation System, described in part
66.0114 Label affixed by manufacturer. 62 of this subchapter.
147
66.013 33 CFR Ch. I (7110 Edition)
(b) For the purposes of this subpart, of the form applicable to the aid con-
the term private aids to navigation in- cerned, and must forward the applica-
cludes all marine aids to navigation tion to the District Commander. You
operated in the navigable waters of the must include the following informa-
United States other than those oper- tion:
ated by the Federal Government (part (a) The proposed position of the aid
62 of this subchapter) or those operated to navigation by two or more hori-
in State waters for private aids to zontal angles, bearings and distance
navigation (subpart 66.05). from charted landmarks, or the lati-
(c) Coast Guard authorization of a tude and longitude as determined by
private aid to navigation does not au- GPS or differential GPS. Attach a sec-
thorize any invasion of private rights, tion of chart or sketch showing the
nor grant any exclusive privileges, nor proposed position.
does it obviate the necessity of com- (b) The name and address of the per-
plying with any other Federal, State or son at whose expense the aid will be
local laws or regulations. maintained.
(d) With the exception of radar bea- (c) The name and address of the per-
cons (racons) and shore based radar son who will maintain the aid to navi-
stations, operation of electronic aids to gation.
navigation as private aids will not be (d) The time and dates during which
authorized. it is proposed to operate the aid.
(e) The necessity for the aid.
[CGFR 68152, 33 FR 19816, Dec. 27, 1968, as
(f) For lights: The color, char-
amended by CGD 85057, 51 FR 11448, Apr. 3,
1986; USCG20090416, 74 FR 27437, June 10, acteristic, range, effective intensity,
2009] height above water, and description of
illuminating apparatus. Attach a copy
66.013 Delegation of authority to of the manufacturers data sheet to the
District Commanders. application.
(a) Under Section 888 of Pub. L. 107 (g) For sound signals: Type (whistle,
296, 116 Stat. 2135, the Commandant horn, bell, etc.) and characteristic.
delegates to the District Commanders (h) For buoys or daybeacons: Shape,
within the confines of their respective color, number, or letter, depth of water
districts (see Part 3 of this chapter for in which located or height above water.
descriptions) the authority to grant (i) For racons: Manufacturer and
permission to establish and maintain, model number of racon, height above
discontinue, change or transfer owner- water of desired installation, and re-
ship of private aids to maritime navi- quested coding characteristic. Equip-
gation, and otherwise administer the ment must have FCC authorization.
requirements of this subpart. [CGFR 68152, 33 FR 19816, Dec. 27, 1968, as
(b) The decisions of the District Com- amended by CGD 85057, 51 FR 11448, Apr. 3,
mander may be appealed within 30 days 1986; USCG20007466, 68 FR 68238, Dec. 8, 2003;
from the date of decision. The decision USCG20007466, 69 FR 12541, Mar. 17, 2004;
of the Commandant in any case is USCG200110714, 69 FR 24982, May 5, 2004;
final. USCG20080179, 73 FR 35002, June 19, 2008]
[CGFR 68152, 33 FR 19816, Dec. 27, 1968, as 66.0110 Characteristics.

amended by USCG19983799, 63 FR 35526, The characteristics of a private aid
June 30, 1998; USCG200314505, 68 FR 9535,
Feb. 28, 2003]
to navigation must conform to those
prescribed by the United States Aids to
66.015 Application procedure. Navigation System set forth in subpart
B of part 62 of this subchapter.
To establish and maintain, dis-
continue, change, or transfer owner- [USCG20007466, 68 FR 68238, Dec. 8, 2003]
ship of a private aid to navigation, you
must apply to the Commander of the 66.0111 Lights.
Coast Guard District in which the aid (a) Except for range and sector
is or will be located. You can find ap- lights, each light approved as a private
plication form CG2554 at http:// aid to navigation must:

www.uscgboating.org/safety/aton/ (1) Have at least the effective inten-
aids.htm. You must complete all parts sity required by this subpart
148
omnidirectionally in the horizontal TABLE 66.0111(5)COORDINATES OF

plane, except at the seams of its lens- CHROMATICITYContinued
mold.
Coordinates of
(2) Have at least 50% of the effective chromaticity
Color
intensity required by this subpart
x axis y axis
within 2 of the horizontal plane.
(3) Have a minimum effective inten- 0.555 0.435
sity of at least 1 candela for a range of 0.560 0.440
1 nautical mile, 3 candelas for one of 2
nautical miles, 10 candelas for one of 3 (6) Have a recommended interval for
nautical miles, and 54 candelas for one replacement of the source of light that
of 5 nautical miles. The District Com- ensures that the lantern meets the
mander may change the requirements minimal required intensity stated in
for minimum intensity to account for paragraph (a)(3) of this section in case
local environmental conditions. For a of degradation of either the source of
flashing light this intensity is deter- light or the lens.
mined by the following formula: (7) Have autonomy of at least 10 days
if the light has a self-contained power
Ie=G/(0.2+t2t1) system. Power production for the pro-
Where: spective position should exceed the
Ie = Effective intensity load during the worst average month of
G = The integral of the instantaneous inten- insolation. The literature concerning
sity of the flashed light with respect to the light must clearly state the oper-
time ating limits and service intervals. Low-
t1 = Time in seconds at the beginning of the voltage disconnects used to protect the
flash
battery must operate so as to prevent
t2 = Time in seconds at the end of the flash
t2t1 is greater than or equal to 0.2 seconds. sporadic operation at night.
(b) The manufacturer of each light
(4) Unless the light is a prefocused approved as a private aid to navigation
lantern, have a means of verifying that must certify compliance by means of
the source of the light is at the focal an indelible plate or label affixed to
point of the lens. the aid that meets the requirements of
(5) Emit a color within the angle of 66.0114.
50% effective intensity with color co-
ordinates lying within the boundaries [USCG20007466, 68 FR 68238, Dec. 8, 2003]
defined by the corner coordinates in
66.0112 May I continue to use the
Table 66.0111(5) of this part when plot- private aid to navigation I am cur-
ted on the Standard Observer Diagram rently using?
of the International Commission on Il-
lumination (CIE). If, after March 8, 2004, you modify,
replace, or install any light that re-
TABLE 66.0111(5)COORDINATES OF quires a new application as described in
CHROMATICITY 66.015, you must comply with the
rules in this part.
Coordinates of
chromaticity [USCG20007466, 68 FR 68239, Dec. 8, 2003]
Color
x axis y axis
66.0113 When must my newly manu-
White ..................................................... 0.500 0.382 factured equipment comply with
0.440 0.382 these rules?
0.285 0.264
0.285 0.332 After March 8, 2004, equipment manu-
0.453 0.440 factured for use as a private aid to
0.500 0.440
Green ..................................................... 0.305 0.689
navigation must comply with the rules
0.321 0.494 in this part.
0.228 0.351
0.028 0.385 [USCG20007466, 68 FR 68239, Dec. 8, 2003]
Red ........................................................ 0.735 0.265
0.721 0.259 66.0114 Label affixed by manufac-
0.645 0.335 turer.
0.665 0.335
Yellow .................................................... 0.618 0.382 (a) Each light, intended or used as a
0.612 0.382 private aid to navigation authorized by
149
66.0115 33 CFR Ch. I (7110 Edition)
this part, must bear a legible, indelible erating condition. They are subject to
label (or labels) affixed by the manu- inspection by the Coast Guard at any
facturer and containing the following time and without prior notice.
information:
(1) Name of the manufacturer. 66.0125 Discontinuance and re-
(2) Model number. moval.
(3) Serial number. (a) No person, public body or instru-
(4) Words to this effect: This equip- mentality shall change, move or dis-
ment complies with requirements of continue any authorized private aid to
the U.S. Coast Guard in 33 CFR part navigation required by statute or regu-
66. lation (Class I, 66.0115) without first
(b) This label must last the service obtaining permission to do so from the
life of the equipment. District Commander.
(c) The manufacturer must provide (b) Any authorized private aid to
the purchaser a data sheet containing navigation not required by statute or
the following information: regulation (Classes II and III, 66.0115)
(1) Recommended service life based may be discontinued and removed by
on the degradation of either the source the owner after 30 days notice to the
of light or the lamp. District Commander to whom the
(2) Range in nautical miles. original request for authorization for
(3) Effective intensity in candela. establishment of the aid was sub-
(4) Size of lamp (incandescent only). mitted.
(5) Interval, in days or years, for re- (c) Private aids to navigation which
placement of dry-cell or rechargeable have been authorized pursuant to this
battery. part shall be discontinued and removed
[USCG20007466, 68 FR 68239, Dec. 8, 2003] without expense to the United States
by the person, public body or instru-
66.0115 Action by Coast Guard. mentality establishing or maintaining
(a) The District Commander receiv- such aids when so directed by the Dis-
ing the application will review it for trict Commander.
completeness and will assign the aid
one of the following classifications: 66.0130 Corps of Engineers ap-
proval.
Class I: Aids to navigation on marine
structures or other works which the (a) Before any private aid to naviga-
owners are legally obligated to estab- tion consisting of a fixed structure is
lish, maintain and operate as pre- placed in the navigable waters of the
scribed by the Coast Guard. United States, authorization to erect
Class II: Aids to navigation exclusive such structure shall first be obtained
of Class I located in waters used by from the District Engineer, U.S. Army
general navigation. Corps of Engineers in whose district
Class III: Aids to navigation exclu- the aid will be located.
sive of Class I located in waters not or- (b) The application to establish any
dinarily used by general navigation. private aid to navigation consisting of
(b) Upon approval by the District a fixed structure shall show evidence of
Commander, a signed copy of the appli- the required permit having been issued
cation will be returned to the appli- by the Corps of Engineers.
cant. Approval for the operation of
radar beacons (racons) will be effective 66.0140 Exemptions.
for an initial two year period, then sub- (a) Nothing in the preceding sections
ject to annual review without further of this subpart shall be construed to
submission required of the owner. interfere with or nullify the require-
[CGFR 68152, 33 FR 19816, Dec. 27, 1968, as ments of existing laws and regulations
amended by CGD 85057, 51 FR 11448, Apr. 3, pertaining to the marking of struc-
1986] tures, vessels and other obstructions
sunken in waters subject to the juris-
66.0120 Inspection.
diction of the United States (Part 64 of

All classes of private aids to naviga- this subchapter), the marking of artifi-
tion shall be maintained in proper op- cial islands and structures which are
150
erected on or over the seabed and sub- discontinuance and the change of own-
soil of the Outer Continental Shelf ership of the aid sold or transferred.
(Part 67 of this subchapter), or the (c) The party accepting responsibility
lighting of bridges over navigable wa- for maintenance of the private aid to
ters of the United States (Subchapter J navigation shall indicate on the appli-
of this subchapter). cation form (CG2554) both the estab-
(b) Persons marking bridges pursuant lishment and the change of ownership
to Subchapter J of this title are ex- of the aid sold or transferred.
empted from the provisions of 66.015. (d) In the event the new owner of the
essential real estate or facility with
[CGD 78156, 48 FR 11268, Mar. 17, 1983] which the aid is associated refuses to
accept responsibility for maintenance
66.0145 Penalties. of the aid, the former owner shall be
Any person, public body or instru- required to remove the aid without ex-
mentality, excluding the armed forces, pense to the United States. This re-
who shall establish, erect or maintain quirement shall not apply in the case
any aid to maritime navigation with- of any authorized private aid to navi-
out first obtaining authority to do so gation required by statute or regula-
from the Coast Guard, with the exception (Class I, 66.0115) which shall be
tion of those established in accordance maintained by the new owner until the
with 64.11 of this chapter, or who shall conditions which made the aid nec-
violate the regulations relative thereto essary have been eliminated.
issued in this part, is subject to the
provisions of 14 U.S.C. 83. Subpart 66.05State Aids to
[CGD 78156, 48 FR 11268, Mar. 17, 1983, as Navigation
June 19, 2008] SOURCE: CGFR 6632, 31 FR 10320, July 30,
66.0150 Protection of private aids to
navigation. 66.051 Purpose.
Private aids to navigation lawfully The purpose of the regulations in this
maintained under these regulations are subpart is to prescribe the conditions
entitled to the same protection against under which state governments may
interference or obstruction as is af- regulate aids to navigation owned by
forded by law to Coast Guard aids to state or local governments, or private
navigation (Part 70 of this subchapter). parties. With the exception on the pro-
If interference or obstruction occurs, a visions of subpart 66.10, which are valid
prompt report containing all the evi- until December 31, 2003, aids to naviga-
dence available should be made to the tion must be in accordance with the
Commander of the Coast Guard Dis- United States Aids to Navigation Sys-
trict in which the aids are located. tem in part 62 of this subchapter.
[CGD 97018, 63 FR 33573, June 19, 1998]
66.0155 Transfer of ownership.
(a) When any private aid to naviga- 66.055 Definitions.
tion authorized by the District Com- (a) The term State waters for private
mander, or the essential real estate or aids to navigation means those navi-
facility with which the aid is associ- gable waters of the United States
ated, is sold or transferred, both par- which the Commandant, upon request
ties to the transaction shall submit ap- of a State Administrator, has des-
plication ( 66.015) to the Commander ignated as waters within which a State
of the Coast Guard District in which government may regulate the estab-
the aid is located requesting authority lishment, operation, and maintenance
to transfer responsibility for mainte- of marine aids to navigation, including
nance of the aid. regulatory markers. The Commandant
(b) The party relinquishing responsi- will entertain requests to make such
bility for maintenance of the private designations with respect to navigable

aid to navigation shall indicate on the waters of the United States not
application form (CG2554) both the marked by the Federal government.
151
66.0510 33 CFR Ch. I (7110 Edition)
These designations when approved will (c) The District Commander shall re-
be set forth in separate sections by view the request and consult with the
States in this subpart and will briefly State Administrator concerning the
describe or identify waters so des- terms of an initial agreement to be en-
ignated. tered into under provisions of 66.0520.
(b) The term Uniform State Water- When they have arrived at terms of an
way Marking System (USWMS) means agreement satisfactory to both, the
the system of private aids to naviga- District Commander shall forward the
tion which may be operated in State request to the Commandant with rec-
waters. Subpart 66.10, which describes ommendations and the terms of agree-
the USWMS, expires on December 31, ment mutually settled upon. If they
2003. cannot reach such agreement, the Dis-
(c) The term State Administrator trict Commander shall forward the re-
means the official of a State having quest with recommendations and a
power under the law of the State to statement of the points agreed upon
regulate, establish, operate or main- and the points remaining at issue.
(d) Upon receipt of the request, the
tain maritime aids to navigation on
Commandant will determine whether
waters over which the State has juris-
or not approval of the request is in the
diction.
public interest and will inform the
(d) The term State aids to navigation State Administrator and the District
means all private marine aids to navi- Commander of the Coast Guards deci-
gation operated in State waters for pri- sion. If the request is approved, the
vate aids to navigation, whether owned designation by the Commandant of the
by a State, political subdivisions there- waters in question as State waters for
of or by individuals, corporations, or private aids to navigation will be also
organizations. defined and described in this subpart.
(e) The term regulate State maritime (e) The Commandant may, upon his
aids to navigation means to control the or her own initiative or upon request,
establishment, disestablishment, oper- revoke or revise any designations of
ation and maintenance of State aids to State waters for private aids to naviga-
navigation. tion previously made by him or her.
[CGFR 6632, 31 FR 10320, July 30, 1966, as Written notice shall be given the State
amended by CGD 97018, 63 FR 33573, June 19, Administrator of the action con-
1998] templated by the Commandant. The
State Administrator will be afforded a
66.0510 State waters for private aids period of not less than 30 days from the
to navigation; designations; revi- date of the notice in which to inform
sions, and revocations. the Commandant of the States views
(a) A State Administrator who de- in the matter before final action is
sires to regulate State maritime aids completed to revoke or revise such des-
to navigation in the navigable waters ignation.
of the United States not marked by the [CGFR 6632, 31 FR 10320, July 30, 1966, as
Federal Government, shall request the amended by USCG200110714, 69 FR 24982,
Commandant to designate the specific May 5, 2004]
bodies of water involved as State wa-
ters for private aids to navigation. 66.0520 Coast Guard-State agree-
(b) The request shall be forwarded to ments.
the District Commander in whose dis- (a) The District Commander in whose
trict the bodies of water are located. District a waterway is located may
The request shall give the name and enter into agreements with State Ad-
description of the waterway; the extent ministrators permitting a State to reg-
of use being made of the waterway for ulate aids to navigation, including reg-
marine navigation, in general terms; ulatory markers, in State waters for
an appropriate chart or sketch of the private aids to navigation, as, in the
area; and a general outline of the na- opinion of the District Commander, the
ture and extent of the State aids to State is able to do in a manner to im-
navigation which the Administrator prove the safety of navigation. When a
plans to establish in the waterway. waterway is located within the area of
152
jurisdiction of more than one Coast reflectors or retroreflective materials,

Guard District, the District Com- and any other similar standards so as
mander in whose District the State to enable Coast Guard inspectors to de-
capital is located shall execute the termine compliance with Statewide
agreement in behalf of the Coast standards.
Guard. All such agreements shall re-
serve to the District Commander the [CGD 86031, 52 FR 42645, Nov. 6, 1987, as
right to inspect the State aids to navi-
1998]
gation without prior notice to the
State. They shall stipulate that State 66.0525 Change and modification of
aids to navigation will conform to the State aids to navigation.
Uniform State Waterway marking Sys-
tem or to the U.S. Aids to Navigation Wherever a State Administrator de-
System and that the State Adminis- termines the need for change in State
trator will modify or remove State aids aids to navigation, he or she must in-
to navigation without expense to the form the District Commander of the
United States when so directed by the nature and extent of the changes, as
District Commander, subject to the soon as possible, but not less than 30
right of appeal on the part of the State days in advance of making the changes.
Administrator to the Commandant.
[USCG200110714, 69 FR 24982, May 5, 2004]
(b) A Coast Guard-State agreement
shall become effective when both par- 66.0530 Notice to Mariners.
ties have signed the agreements. In
lieu of the procedure prescribed in (a) To improve public safety, the Dis-
66.015, the agreement shall constitute trict Commander may publish informa-
blanket approval by the Commandant, tion concerning State aids to naviga-
of the State aids to navigation, includ- tion, including regulatory markers, in
ing regulatory markers, established or the Coast Guard Local Notices to Mari-
to be established in State waters for ners.
private aids to navigation designated (b) Notices to Mariners which con-
or to be designated by the Com- cern the establishment, disestablish-
mandant. ment, or change of State aids to navi-
(c) In addition to the matters set gation, including regulatory markers,
forth in paragraph (a) of this section, may be published whenever the aids to
Coast Guard-State agreements shall navigation concerned are covered by
cover the following points, together navigational charts or maps issued by
with such other matters as the parties the National Ocean Service or the U.S.
find it desirable to include: Army Corps of Engineers.
(1) A description, in sufficient detail
for publication in Notices to Mariners, [CGFR 6632, 31 FR 10320, July 30, 1966, as
of all aids to navigations under State amended by USCG20007223, 65 FR 40055,
jurisdiction in navigable waters of the June 29, 2000; USCG20019286, 66 FR 33640,
June 25, 2001; USCG200110714, 69 FR 24982,
United States in existence prior to the
May 5, 2004]
effective date of the agreement which
have not been previously approved 66.0535 Private aids to navigation
under procedures of 66.015. other than State owned.
(2) Procedures for use by the State
administrator to notify the District (a) No person, public body or other
Commander of changes made in State instrumentality not under control of
aids to navigation, as required by the Commandant or the State Adminis-
66.0525. trator, exclusive of the Armed Forces
(3) If prior to December 21, 2003, spec- of the United States, shall establish,
ification of the marking system to be erect or maintain in State waters for
used, whether the U.S. Aids to Naviga- private aids to navigation any aid to
tion System or the Uniform State Wa- navigation without first obtaining per-
terway Marking System. mission to do so from the State Admin-
istrator. Discontinuance of any State
(4) Specification of standards as to

minimum size and shape of markers, aids to navigation may be effected by
the use of identifying letters, the use of order of the State Administrator.
153
66.0540 33 CFR Ch. I (7110 Edition)
66.0540 Corps of Engineers ap- (5) Rainbow Dam Reservoir.

proval. (e) North Carolina. Navigable waters
(a) In each instance where a regu- within the State not marked with
latory marker is to be established in Coast Guard aids to navigation on June
navigable waters of the United States 1, 1973.
which have been designated by the (f) Pennsylvania. The portion of
Commandant as State waters for pri- Youghiogheny River Reservoir within
vate aids to navigation, the State Ad- the State.
ministrator is responsible for obtaining (f1) South Carolina. (1) The portion of
prior permission from the District En- Lake Wylie within the State; (2) Lake
gineer, U.S. Army Corps of Engineers Marion; (3) Lake Moultrie; and (4) Lake
concerned, authorizing the State to Murray.
regulate the water area involved, or a (g) Texas. The portion of Toledo Bend
statement that there is no objection to Reservoir within the State.
the proposed regulation of the water (h) Virginia. (1) Claytor Lake, on the
area. A copy of the Corps of Engineers New River in Pulaski County.
permit or letter of authority shall be (2) Leesville Lake, on the Roanoke
provided by the Administrator to the River below Smith Mountain Dam.
District Commander upon request. (3) The portions of the following res-
(b) Similarly, where an aid to naviga- ervoirs within the State:
tion is to be placed on a fixed structure (i) Gaston.
or a mooring buoy is to be established (ii) Holston.
in State waters for private aids to (iii) John H. Kerr.
navigation, the State Administrator (iv) Philpott.
shall assure that prior permission or a
(i) Wisconsin. Navigable waters with-
statement of no objection to the struc-
in the State not marked with Coast
tures or mooring buoys proposed is ob-
Guard aids to navigation as of May 1,
tained from the District Engineer con-
1996.
cerned. A copy of the permit or letter
is not required by the District Com- [CGD 72154R, 38 FR 33473, Dec. 5, 1973, as
mander. amended by CGD 76015, 41 FR 12879, Mar. 29,
1976; CGD 80132, 46 FR 27643, May 21, 1981;
66.05100 Designation of navigable CGD 983604, 63 FR 55947, Oct. 20, 1998; USCG
waters as State waters for private 200110714, 69 FR 24982, May 5, 2004]
aids to navigation.
In accordance with the procedures Subpart 66.10Uniform State
contained in 66.0510(d), the following Waterway Marking System
navigable waters listed by the State in
which they are located, are designated 66.101 General.
as State waters for private aids to (a) Until December 31, 2003, the Uni-
navigation: form State Waterway Marking Sys-
(a) Arizona. The portion of Lake tems (USWMS) aids to navigation pro-
Havasu within the State, except that visions for marking channels and ob-
portion within Havasu Lake National structions may be used in those navi-
Wildlife Refuge. gable waters of the U.S. that have been
(b) Louisiana. The portion of Toledo designated as state waters for private
Bend Reservoir within the State. aids to navigation and in those inter-
(c) Missouri. Teach water within the nal waters that are non-navigable wa-
State except the: ters of the U.S. All other provisions for
(1) Mississippi River; and the use of regulatory markers and
(2) Missouri River. other aids to navigation shall be in ac-
(d) Montana. The portion of Missouri cordance with United States Aid to
River between the U.S. Highway 287 Navigation System, described in part
bridge near Townsend and Great Falls 62 of this subchapter.
including the following impoundments:
(b) The USATONS may be used in all
(1) Black Eagle Dam Reservoir.
U.S. waters under state jurisdiction,
(2) Canyon Ferry Reservoir.

including non-navigable state waters.
(3) Hauser Lake.
(4) Holter Lake. [CGD 97018, 63 FR 33574, June 19, 1998]
154
66.10566.1010 [Reserved] (3) In addition, a buoy showing alter-

nate vertical red and white stripes may
66.1015 Aids to navigation. be used to indicate to a vessel operator
(a) USWMS aids to navigation may that an obstruction to navigation ex-
have lateral or cardinal meaning. tends from the nearest shore to the
(b) On a well defined channel includ- buoy and that the operator must not
ing a river or other relatively narrow pass between the buoy and shore. The
natural or improved waterway, an aid number of white and red stripes is dis-
to navigation shall normally be a solid cretionary, provided that the white
colored buoy. A buoy which marks the stripes are twice the width of the red
left side of the channel viewed looking stripes.
upstream or toward the head of naviga- [CGFR 6632, 31 FR 10321, July 30, 1966, as
tion shall be colored all black. A buoy amended by CGD 97018, 63 FR 33574, June 19,
which marks the right side of the chan- 1998; USCG200110714, 69 FR 24982, May 5,
nel viewed looking upstream or toward 2004]
the head of navigation shall be colored
all red. On a well defined channel, solid 66.1035 Navigation lights.
colored buoys shall be established in A red light shall only be used on a
pairs, one on each side of the navigable solid colored red buoy. A green light
channel which they mark, and opposite shall only be used on a solid colored
each other to inform the user that the black or a solid colored green buoy.
channel lies between the buoys and White lights shall be used for all other
that the user should pass between the buoys. When a light is used on a car-
buoys. dinal system buoy or a vertically
(c) On an irregularly defined channel, striped white and red buoy, it shall al-
solid colored buoys may be used singly ways be quick flashing.
in staggered fashion on alternate sides
[CGD 97018, 63 FR 33574, June 19, 1998]
of the channel provided they are spaced
at sufficiently close intervals to inform
the user that the channel lies between PART 67AIDS TO NAVIGATION
the buoys and that the user should pass ON ARTIFICIAL ISLANDS AND
between the buoys. FIXED STRUCTURES
(d) Where there is no well-defined
channel or when a body of water is ob- Subpart 67.01General Requirements
structed by objects whose nature or lo- Sec.
cation is such that the obstruction can 67.011 Scope.
be approached by a vessel from more 67.015 Definitions.
than one direction, supplemental aids 67.0110 Delegation of functions.
to navigation having cardinal meaning 67.0115 Classification of structures.
(i.e., pertaining to the cardinal points 67.0120 Prescribing lines of demarcation.
of the compass, north, east, south, and 67.0130 Equivalents.
west) may be used. The use of an aid to Subpart 67.05General Requirements for
navigation having cardinal meaning is Lights
discretionary provided that the use of
such a marker is limited to wholly 67.051 Arrangement of obstruction lights.
State owned waters and the State wa- 67.055 Multiple obstruction lights.
ters for private aids to navigation as 67.0510 Characteristics of obstruction
lights.
defined and described in this part.
67.0515 Operating periods of obstruction
(e) Aids to navigation conforming to lights.
the cardinal system shall consist of 67.0520 Minimum lighting requirements.
three distinctly colored buoys. 67.0525 Special lighting requirements.
(1) A white buoy with a red top may
be used to indicate to a vessel operator Subpart 67.10General Requirements for
that the operator must pass to the Sound signals
south or west of the buoy.
67.101 Apparatus requirements.
(2) A white buoy with a black top 67.105 Location requirements.
may be used to indicate to a vessel op- 67.1010 Operating requirements.

erator that the operator must pass to 67.1015 Approval of sound signals.
the north or east of the buoy. 67.1020 Sound signal tests.
155
67.011 33 CFR Ch. I (7110 Edition)
67.1025 Application for tests. EDITORIAL NOTE: Nomenclature changes to
67.1030 Withdrawal of approval. part 67 appear at USCG200110714, 69 FR
67.1035 Notice of approval and withdrawal 24983, 24984, May 5, 2004.
of approval.
67.1040 Sound signals authorized for use
prior to January 1, 1973. Subpart 67.01General
Requirements
Subpart 67.15Miscellaneous Marking
Requirements 67.011 Scope.
67.151 Lights and signals on attendant ves- (a) The regulations in this part pre-
sels. scribe the obstruction lights and sound
67.155 Seismographic and surveying oper- signals to be operated as privately
ations. maintained maritime aids to naviga-
67.1510 Spoil banks, artificial islands, and
dredged channels.
tion on the artificial islands and struc-
tures which are erected on or over the
Subpart 67.20Class A Requirements seabed and subsoil of the Outer Conti-
nental Shelf and in the waters under
67.201 Class A structures.
the jurisdiction of the United States,
67.205 Obstruction lights.
67.2010 Sound signal. for the purpose of exploring for, devel-
oping, removing and transporting re-
Subpart 67.25Class B Requirements sources therefrom.
(b) Subpart 66.01 in Part 66 of this
67.251 Class B structures.
67.255 Obstruction lights. subchapter shall be applicable to all
67.2510 Sound signal. private aids to navigation erected on or
over the Outer Continental Shelf in the
Subpart 67.30Class C Requirements same manner and to the same extent as
67.301 Class C structures. they are applicable to private aids to
67.305 Obstruction lights. navigation established, erected, or
67.3010 Sound signals. maintained in the waters under the ju-
risdiction of the United States.
Subpart 67.35Applications
67.015 Definitions.
67.351 Procedure.
67.355 Contents of application. (a) Structures. The term structures
67.3510 Private aids to navigation. as used in this part shall include all
67.3515 To whom addressed. fixed structures, temporary or perma-
Subpart 67.40Notification nent, for which a Corps of Engineers
permit is issued. It shall include, but is
67.401 Notification to District Commander. not necessarily limited to, all drilling
67.405 Waivers. platforms, Mobile Offshore Drilling
67.4010 Communication with owner.
67.4015 Marking at owners expense.
Units (MODUs) when attached to the
67.4020 Charges invoiced to owner. bottom, production platforms, quarters
67.4025 Penalty. platforms, pipe line riser platforms,
manifold platforms, loading platforms,
Subpart 67.50District Regulations boat landings, caissons, well protective
67.501 Scope. structures, tank battery barges sub-
67.505 First Coast Guard District. merged on station, drilling barges sub-
67.5015 Fifth Coast Guard District. merged on location, breakwater barges
67.5020 Seventh Coast Guard District. submerged on location, artificial is-
67.5025 Eighth Coast Guard District. lands and all other piles, pile clusters,
67.5030 Ninth Coast Guard District.
67.5035 Eleventh Coast Guard District.
pipes, or structures erected in the wa-
67.5045 Thirteenth Coast Guard District. ters.
67.5050 Seventeenth Coast Guard District. (b) Class A, B, or C structures.
AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333; The term Class A, B, or C structures
Department of Homeland Security Delega- refers to the classification assigned to
tion No. 0170.1. structures erected in areas in which
SOURCE: CGFR 5817, 23 FR 3377, May 20, corresponding requirements for mark-
1958, unless otherwise noted. ing are prescribed.
156
(c) Line of demarcation. The term likely to be assigned to Class A and re-
line of demarcation means the divid- quired to have obstruction lights and
ing line used administratively to dis- sound signals that can be detected
tinguish between the areas in which from the farthest distance. Structures
structures shall conform to Class A closest to shore are likely to be as-
and Class B or C requirements. signed to Class C and, while subject to
(d) Outer Continental Shelf. The term requirements to ensure that they are
Outer Continental Shelf means all also detectable from a safe distance
submerged lands lying seaward and away, will be required to have the least
outside the area of lands beneath navi- powerful obstruction lights or sound
gable waters as defined in the Sub- signals. The location and standards for
merged Lands Act (sec. 2, 67 Stat. 29, 43
Class B structures will generally be in
U. S. C. 1301), and of which the subsoil
between Class A and C structures.
and seabed appertain to the United
States and are subject to its jurisdic- (c) What criteria will be used to classify
tion and control. structures? When assigning a structure
(e) Reliable operation. The term reli- to a class, the District Commander will
able as used in this part shall mean take into consideration whether a line
that dependability which will insure to of demarcation has been prescribed,
the highest degree reasonably possible and matters concerning, but not nec-
the uninterrupted operation of lights essarily limited to, the dimensions of
and sound signals as private aids to the structure and the depth of water in
navigation for safety of marine com- which it is located, the proximity of
merce. the structure to vessel routes, the na-
(f) Sound signal. The term sound sig- ture and amount of vessel traffic, and
nal as used in this part shall mean the the effect of background lighting.
audible sound signal, authorized as a (1) If a line of demarcation has been
private aid to navigation, to mark a prescribed, the District Commander
structure for the safety of marine com- will assign those structures seaward of
merce whenever the visibility has been the line of demarcation to Class A. He
reduced by fog, mist, rain, falling snow, or she will assign all structures shore-
smoke, dust, or other phenomena. ward of the line of demarcation to ei-
[CGFR 5817, 23 FR 3377, May 20, 1958, as ther Class B or Class C, unless the Dis-
amended by CGFR 6318, 28 FR 4026, Apr. 14, trict Commander determines under
1963; USCG200110714, 69 FR 24983, May 5, 67.0525 that the structure should be
2004]
assigned to Class A because of the
67.0110 Delegation of functions. structures proximity to a navigable
channel, fairway or line of demarca-
The Coast Guard District Com- tion.
mander may delegate the authority for
(2) If a line of demarcation has not
performing inspections, enforcement,
been prescribed, the District Com-
and administration of regulations to
mander will assign a structure to Class
any civilian or military position in the
Coast Guard. A, B, or C as he or she deems appro-
priate.
[USCG200110714, 69 FR 24983, May 5, 2004]
[USCG200110714, 69 FR 24983, May 5, 2004]
67.0115 Classification of structures.
67.0120 Prescribing lines of demar-
(a) When will structures be assigned to cation.
a Class? The District Commander will
assign structures to Class A, B, or C as The District Commander sends rec-
part of processing an application for a ommendations for establishing or
permit to establish and operate lights changing lines of demarcation to the
and sound signals. Commandant. For the purposes of this
(b) In general, where will the different part, when the Commandant approves
classes of structures be located? Specific of additions to or changes in prescribed
criteria in paragraph (c) of this section lines of demarcation, such additions or

may create exceptions, but, in general,
structures the farthest from shore are
157
67.0130 33 CFR Ch. I (7110 Edition)
changes will be published in the FED- shall be marked with red or white
ERAL REGISTER and will become effec- retro-reflective material, installed as
tive on the date specified in that publi- prescribed by the District Commander.
cation. (f) All obstruction lights shall be in-
[USCG200110714, 69 FR 24983, May 5, 2004] stalled in a manner which will permit
at least one of them to be carried in
67.0130 Equivalents. sight of the mariner, regardless of the
angle of approach, until the mariner is
The use of alternate equipment, ap-
within 50 feet of the structure, visi-
paratus, or installation arrangements
bility permitting.
specified in this part may be permitted
by the District Commander to such ex- [CGFR 5817, 23 FR 3377, May 20, 1958, as
tent and under such conditions as will amended by USCG200110714, 69 FR 24983,
result in achieving a degree of safety or May 5, 2004]
compliance with these regulations
equivalent to or above the minimum 67.055 Multiple obstruction lights.
requirements set forth in this part. When more than one obstruction
light is required by this part to mark a
Subpart 67.05General structure, all such lights shall be oper-
Requirements for Lights ated to flash in unison.
67.051 Arrangement of obstruction 67.0510 Characteristics of obstruc-

lights. tion lights.
(a) Structures having a maximum All obstruction lights required by
horizontal dimension of 30 feet or less this part shall be powered from a reli-
on any one side, or in diameter, shall able power source, including auxiliary
be required to have one obstruction power sources as necessary. They shall
light visible for 360. display a quick-flash characteristic of
(b) Structures having a maximum approximately 60 flashes per minute,
horizontal dimension of over 30 feet, unless prescribed otherwise in the per-
but not in excess of 50 feet, on any one mit issued by the District Commander.
side, or in diameter, shall be required Their color shall be white when mark-
to have two obstruction lights ining Class A and B structures, and
stalled on diagonally opposite corners, either white or red, as prescribed by
180 apart, or as prescribed by the Dis- the District Commander, when mark-
trict Commander, each light to have a ing Class C structures. In deter-
360 lens. mining whether white or red lights
(c) Structures having a horizontal di- shall be authorized, the District Com-
mension of over 50 feet on any one side, mander shall take into consideration
or in diameter, shall be required to matters concerning, but not nec-
have an obstruction light on each cor- essarily limited to, the dimensions of
ner, or 90 apart in the case of circular the structure and the depth of water in
structures, or as prescribed by the Dis- which it is located; the proximity of
trict Commander, each light to have a the structure to vessel routes; the na-
360 lens. ture and amount of vessel traffic; and
(d) Where the overall dimensions of a the effect of background lighting.
structure require the installation of
two or more obstruction lights, the 67.0515 Operating periods of ob-
lights shall all be mounted on the same struction lights.
horizontal plane within the limitations Obstruction lights shall be displayed
of height specified in 67.205, 67.255, at all times between the hours of sun-
or 67.305, as applicable. set and sunrise, local time, com-
(e) Lesser structures and piles, pile mencing at the time the construction
clusters or flare templates, etc., will of a structure is begun. During con-
not normally be required to be marked struction and until such time as a plat-
by obstruction lights, when they are form capable of supporting the obstruc-
located within 100 yards of a Class A, tion lights is completed, the fixed
B or C structure marked by estab- lights on an attending vessel shall be
lished obstruction lights, but they used. In addition, when lights are in
158
use for general illumination to facili- (c) Have the rated range required by
tate the construction or operation of a 67.2010, 67.2510, or 67.3010;
structure, and can be seen from any (d) Have a height not exceeding 25
angle of approach at a distance equal feet;
to that prescribed for the obstruction (e) Have not more than eight sound
lights for the class of structure, the ac- sources;
tual operation of obstruction lights (f) Be approved by the Coast Guard
also will not be required. under 67.1015; and
(g) Be permanently marked with:
[CGFR 5834, 23 FR 7701, Oct. 4, 1958]
(1) The date of Coast Guard approval;
67.0520 Minimum lighting require- (2) The manufacturer and date of
ments. manufacture;
(3) A model designation;
The obstruction lighting require- (4) The approved range; and
ments prescribed in this part are the
(5) The power necessary to comply
minimum requirements only and shall
with the provisions of paragraph (c) of
not preclude the maintainer from mak-
this section.
ing application for authorization to es-
tablish more lights, or lights of greater 67.105 Location requirements.
intensity than required to be visible at
the distances prescribed: Provided, That The sound signal required by 67.20
the prescribed characteristics of color 10, 67.2510, and 67.3010 must:
and flash duration are adhered to. (a) Be located on the structure so
that the sound signal produced is audi-
67.0525 Special lighting require- ble over 360 in a horizontal plane at all
ments. ranges up to and including the required
rated range; and
Whenever a structure is erected in a
(b) Be located at least 10 feet but not
position on or adjacent to the edges of
more than 150 feet above mean high
navigable channels and fairways, or
water.
lines of demarcation, the District Com-
mander is authorized to require the 67.1010 Operating requirements.
structure to be marked by the lights
which in his judgment are necessary (a) Sound signals required by 67.20
for the safety of marine commerce, and 10, 67.2510, and 67.3010 must be oper-
without regard to the fact that the ated continuously, regardless of visi-
structure may be located in an area in bility, unless the sound signal is con-
which either Class B or Class C re- trolled:
quirements are otherwise applicable. (1) By an attendant on the structure;
The requirements for the lights in any (2) Remotely by an attendant on a
of these cases, shall not exceed those nearby structure; or
established for structures in the Class (3) By a fog detection device capable
A areas. of activating the sound signal when the
visibility in any direction is reduced to
the rated range at which sound signal
Subpart 67.10General operation is required by this part.
Requirements for Sound signals (b) During construction and until
such time as a sound signal is installed
SOURCE: CGD 7274R, 37 FR 13512, July 8, and operating on a platform, the whis-
1972, unless otherwise noted. tle of an attending vessel moored
alongside the platform may be used to
67.101 Apparatus requirements. sound the signal required for the struc-
The sound signal required by 67.20 ture by this part.
10, 67.2510, and 67.3010 must: [CGFR 5817, 23 FR 3377, May 20, 1958, as
(a) Have its maximum intensity at a amended by USCG200110714, 69 FR 24983,
frequency between 100 and 1,100 Hertz; May 5, 2004]
(b) Sound a 2-second blast every 20
67.1015 Approval of sound signals.
seconds (2 seconds sound, 18 seconds si-

lence) unless otherwise authorized by (a) The Coast Guard approves a sound
the District Commander; signal if:
159
67.1020 33 CFR Ch. I (7110 Edition)
(1) It meets the requirements for tire sound signal, as if installed for ac-
sound signals in 67.101 (a), (b), (c), (d), tual use.
and (e) when tested under 67.1020; or (b) The sound pressure level must be
(2) It is similar to a sound signal measured as a function of:
which was tested and approved under (1) Distance by using a sufficient
the provisions of this section and the number of points to allow a far-field
Coast Guard has approved all vari- extrapolation of the sound pressure
ations in design, construction, produc- level;
tion, and manufacture from the sound (2) Power at outputs up to and in-
signal tested. cluding the approximate power level
(b) A sound signal that is an identical necessary to comply with 67.101(c);
production model of a sound signal (3) Horizontal angle at increments
which has been approved under para- not greater than 30; and
graph (a) of this section is a Coast (4) Harmonic content to at least the
Guard approved sound signal. third harmonic.
(c) In analyzing the test data to de-
67.1020 Sound signal tests. termine the minimum power necessary
(a) Sound signal tests must: to produce the sound pressure level
(1) Be made by the applicant in the specified in Table A of this section the
presence of a Coast Guard representa- Coast Guard follows the procedures
tive, who certifies the test if the proce- prescribed by the International Asso-
dures comply with the requirements of ciation of Lighthouse Authorities
this section; (IALA) in Supplement No. 3 to the
(2) Be made with Coast Guard sup- IALA Bulletin of February 1969 for
plied and calibrated sound level meters analysis of harmonic components and
and power meters; and does not consider components above
(3) Be made in an anechoic chamber 1,100 Hertz as adding to the audible
large enough to accommodate the en- range.
160
EC21OC91.000</GPH>
67.1025 Application for tests. Subpart 67.15Miscellaneous

A person requesting a Coast Guard Marking Requirements
representative at a test of a sound sig-
nal must: 67.151 Lights and signals on attend-
(a) Direct a written request to the Of- ant vessels.
fice of Aids to Navigation, (CG541), The requirements prescribed by this
2100 2nd St., SW., Stop 7581, Wash- part apply to structures. The barges,
ington, DC 205937581 including: vessels, and other miscellaneous float-
(1) Requestors name, address, and ing plants in attendance must display
telephone number; lights and signals under the Inter-
(2) A description of the sound signal; national Navigational Rules Act of 1977
(3) Rated range for which approval is (33 U.S.C. 16011608) that adopted the
requested; International Regulations for Pre-
(4) Location of the anechoic chamber; venting Collisions at Sea, 1972 (72
and COLREGS), or the Inland Navigational
(5) Proposed test dates. Rules Act of 1980 (33 U.S.C. 20012038).
(b) Bear all the expenses of con- When vessels are fixed to or submerged
ducting the test conducted in accord- onto the seabed, however, they become
ance with 67.1020 including all travel
structures as described in 67.015.
and per diem expenses of the U.S. Gov-
ernment in sending a Coast Guard rep- [USCG200110714, 69 FR 24983, May 5, 2004]
resentative to the test.
67.155 Seismographic and surveying
[CGD 7274R, 37 FR 13512, July 8, 1972, as operations.
amended by CGD88052, 53 FR 25119,July 1,
1988; CGD 96026, 61 FR 33663, June 28, 1996; All stakes, casings, pipes, and buoys,
USCG200110714, 69 FR 24983, May 5, 2004; except bamboo poles and wooden
USCG20100351, 75 FR 36281, June 25, 2010] stakes less than 2 inches in diameter,
placed in the water to facilitate seis-
67.1030 Withdrawal of approval.
mographic or surveying operations
The Coast Guard may withdraw ap- shall be marked, in the manner pre-
proval of a sound signal if it fails to scribed by the District Commander, for
meet the requirements of 67.101 (a), the safety of navigation.
(b), and (c).
67.1510 Spoil banks, artificial is-
67.1035 Notice of approval and with- lands, and dredged channels.
drawal of approval.
(a) All submerged spoil banks, or ar-
(a) The Coast Guard publishes a no-
tice of the approval or withdrawal of tificial islands resulting from the
approval of a sound signal in the Local dredging of private channels, laying of
Notice to Mariners. pipelines, or any other private oper-
(b) A listing of approved sound sig- ation, and all privately dredged chan-
nals may be obtained from any District nels which, in the judgment of the Dis-
Commander. trict Commander are required to be
marked by aids to navigation, shall be
67.1040 Sound signals authorized marked by private aids to navigation
for use prior to January 1, 1973. conforming to the standard United
Any sound signal authorized for use States system of aids to navigation
by the Coast Guard and manufactured characteristics described in subpart B
prior to January 1, 1973, is excepted of part 62 of this subchapter.
from the requirements in this subpart, (b) To receive a permit to establish
except 67.101 (b) and (c), 67.105, and and maintain a private aid to naviga-
67.1010, if the sound signal has a min- tion for the purposes described in para-
imum sound pressure level as specified graph (a) of this section, submit your
in Table A of Subpart 67.10 of Title 33 application to the District Commander.
of the Code of Federal Regulations in The District Commander will review
effect on December 31, 1972, for the all applications and issue all permits.
range required by 67.2010, 67.2510, or
67.3010. [USCG200110714, 69 FR 24983, May 5, 2004]
161
67.201 33 CFR Ch. I (7110 Edition)
Subpart 67.20Class A cient candlepower as to be visible at a

Requirements distance of at least three nautical
miles 90 percent of the nights of the
67.201 Class A structures. year. The lights shall be displayed not
Class A structures shall be the less than 20 feet above mean high
structures erected in an area where water, but not at a height greater than
Class A requirements must be met. that specified in 67.051(f), except that
on Class B structures which are re-
67.205 Obstruction lights. quired to be marked by only one light,
that light may be displayed not less
The obstruction lights shall be white
than 10 feet above mean high water if
lights as prescribed in Subpart 67.05 of
this part. The lights shall be of suffi- the structural features preclude
cient candlepower as to be visible at a mounting the light within the range of
distance of at least five nautical miles heights otherwise specified in this sec-
90 percent of the nights of the year. tion.
The lights shall be displayed not less (b) The District Commander may
than 20 feet above mean high water, waive the requirement for obstruction
but not at a height greater than that lights on Class B structures if there
governed by the requirement in 67.05 is no hazard to navigation by so doing.
1(f) that mariners be able to see at [CGFR 5834, 23 FR 7701, Oct. 4, 1958, as
least one of the lights, regardless of the amended by CGFR 6232, 27 FR 10101, Oct. 13,
angle of approach, until within 50 feet 1962]
of the structure, visibility permitting.
67.2510 Sound signal.
[CGFR 5834, 23 FR 7701, Oct. 4, 1958, as
amended by USCG200110714, 69 FR 24983, (a) The owner of a Class B struc-
May 5, 2004] ture shall:
(1) Install a sound signal that has a
67.2010 Sound signal. rated range of at least one-half mile,
(a) The owner of a Class A struc- except that the District Commander
ture shall: may
(1) Install a sound signal that has a (i) Prescribe a greater rated range,
rated range of at least 2 miles; and, not to exceed 2 miles, under the provi-
(2) Operate the sound signal when the sions of paragraph (b) of this section;
visibility in any direction is less than 5 or
miles. (ii) Exempt the structure from the
(b) The District Commander may requirements of this paragraph, under
waive any requirements in paragraph the provisions of paragraph (c) of this
(a) of this section if he or she finds that section;
a structure is so close to other struc- (2) Operate the sound signal when the
tures and so enveloped by the sound visibility in any direction is less than 3
signals on other structures that it is miles, unless the District Commander
not a hazard to navigation. establishes a greater or lesser distance
of visibility, not to exceed 5 miles,
[CGD 7274R, 37 FR 13513, July 8, 1972, as under the provisions of paragraph (b)
May 5, 2004]
or (c) of this section.
(b) The owner of a Class B struc-
ture shall install a sound signal with a
Subpart 67.25Class B greater rated range or operate it at
Requirements times of greater visibility than re-
quired in paragraph (a) of this section
67.251 Class B structures.
if:
Class B structures shall be the (1) The structure is erected on or ad-
structures erected in an area where jacent to the edge of a:
Class B requirements must be met. (i) Navigable channel;
(ii) Fairway; or
67.255 Obstruction lights. (iii) Line of demarcation; and
(a) The obstruction lights shall be (2) The District Commander decides a
white lights as prescribed in Subpart greater range or operation of the sound
67.05 of this part and shall be of suffi- signal at times of greater visibility is
162
necessary for the safety of marine com- degree required by this part, and are
merce. not a hazard to navigation.
(c) The District Commander may (c) Unless advised to the contrary by
waive or relax the provisions of para- the District Commander, obstruction
graph (a) of this section, if he or she lights shall be required on Class C
finds that a structure is: structures erected in depths of water
(1) So close to other structures and greater than 3 feet at mean low water.
so enveloped by the sound signals on (d) In cases where, although not re-
other structures that it is not a hazard quired, an applicant desires to estab-
to navigation; or lish and operate obstruction lights, a
(2) So located in a shoal area that it permit therefor shall be granted, at the
is not a hazard to navigation. discretion of the District Commander:
Provided, That the lights meet the re-
[CGD 7274R, 37 FR 13513, July 8, 1972, as
quirements set forth in this part.
24984, May 5, 2004] [CGFR 5834, 23 FR 7701, Oct. 4, 1958, as
amended by CGFR 6895, 33 FR 15285, Oct. 15,
Subpart 67.30Class C 1968; USCG200110714, 69 FR 24983, 24984, May
5, 2004]
Requirements
67.3010 Sound signals.
67.301 Class C structures.
(a) The owner of a Class C struc-
Class C structures shall be the ture shall install a sound signal if:
structures erected in an area where (1) The structure is erected on or ad-
Class C requirements must be met. jacent to the edge of a:
67.305 Obstruction lights. (i) Navigable channel;
(ii) Fairways; or
(a) The obstruction lights shall be (iii) Line of demarcation; and
white or red lights as prescribed in (2) The District Commander decides
Subpart 67.05 of this part and shall be it is necessary for the safety of marine
of sufficient candlepower as to be visi- commerce.
ble at a distance of at least one nau- (b) Sound signals required by para-
tical mile 90 percent of the nights of graph (a) of this section must have
the year. The lights shall be displayed rated range of at least one-half mile,
at such height, above mean high water, unless the District Commander pre-
as shall be prescribed by the District scribes a greater rated range, not to ex-
Commander. When the District Com- ceed 2 miles.
mander shall authorize red lights to (c) The owner of the structure shall
mark a Class C structure, the color operate the sound signal required by
thereof shall conform to the shade of paragraph (a) of this section whenever
red prescribed in Military Specification the visibility in any direction is less
Mil-C-25050 (ASG), Type 1, Grade D. A than 3 miles, unless the District Com-
copy of the specification may be ob- mander establishes a greater or lesser
tained from the Commanding Officer, distance of visibility, not to exceed 5
Document Automation and Production miles.
Service, 700 Robbins Avenue, Building (d) Class C structures may have
4, Section D, Philadelphia, PA 19111 sound signals if:
5091. (1) Authorized by the District Com-
(b) When Class C structures are mander under the provisions of Sub-
erected in close proximity to each part 66.01 of this subchapter; and
other, or are connected in such a man- (2) The sound signal meets the re-
ner as to prevent marine traffic from quirements of 67.101 (a) and (b).
passing freely through the field, ob-
struction lights may be authorized to [CGD 7274R, 37 FR 13513, July 8, 1972]
mark the perimeter structures only,
when in the judgment of the District Subpart 67.35Applications
Commander the group of structures
67.351 Procedure.
which are equipped with obstruction

lights are so arranged that the par- (a) An application, on Coast Guard
ticular structures are protected to the forms which will be provided by the
163
67.355 33 CFR Ch. I (7110 Edition)
District Commander upon request, dressed to the District Commander

shall be submitted for each private aid having jurisdiction over the area.
to navigation for which a permit is re-
quired to establish, operate, move, Subpart 67.40Notification
change or discontinue, except as modi-
fied in this subpart. 67.401 Notification to District Com-
(b) An application on the prescribed mander.
form shall be submitted to the District
Commander for each structure to be (a) Class A structures. In the case of
equipped with obstruction lights and/or structures to be located in areas where
sound signals if the structure is to re- Class A requirements must be met,
main in place six months or more. An notification shall be given to the Dis-
application may be made by letter for trict Commander of the approximate
each structure to be so equipped if the date work will commence, as soon as
structure is to remain in place less known after a permit is received from
than six months. the Corps of Engineers, U.S. Army, or
(c) One application form only shall be 30 days in advance, if possible. Persons
submitted to the District Commander constructing structures must notify
to cover a group of unlighted buoys or the District Commander by either tele-
daybeacons. gram or overnight mail on the day
they begin construction. Within this
67.355 Contents of application.
notice, they must inform him or her of
(a) All applicable items of the pre- the lights and sound signals they will
scribed forms shall be completed. A use during construction. When con-
brief descriptive print of the structure struction has been completed, the
or aid to navigation involved shall be maintainer shall notify the District
furnished with the application, to-
Commander to that effect by letter,
gether with a location plat or chart
stating whether or not the authorized
section. When Lambert coordinates are
obstruction lights and/or sound signals
used to plot the position of the aid, the
plat or chart shall be annotated to are in operation. Final notification by
show latitude and longitude of the pro- letter shall be given when the lights
posed aid to navigation, except when used for general illumination, to facili-
the position has been described by ref- tate the construction or operation of
erence to one or more horizontal an- the structure, have been discontinued
gles, or by the bearing and distance and the authorized obstruction lights
from a charted landmark. placed in operation.
(b) Each application shall have ap- (b) Class B structures. Notification
pended to it a list showing the type, shall be given to the District Com-
model, name and address of the manu- mander in the case of structures to be
facturer of the lighting apparatus and located in areas where Class B re-
sound signal equipment to be used. quirements must be met, in the same
(c) Each application shall always manner as prescribed in the case of
specify the date the proposals con- Class A structures, except that the
tained therein are desired to be effec- telegram on the day construction of
tive, and approval thereof must be ob- the structure is commenced shall not
tained before the proposed action is un- be required.
dertaken.
(c) Class C structures. Notification
67.3510 Private aids to navigation. shall be given to the District Com-
mander in the case of structures to be
See 67.1510(b) for review of applica-
located in areas where Class C re-
tions respecting private aids to naviga-
tion for spoil banks, artificial islands quirements must be met, upon comple-
and dredged channels. tion of the structure.
[CGFR 5817, 23 FR 3377, May 20, 1958, as
67.3515 To whom addressed. amended by CGFR 6232, 27 FR 10101, Oct. 13,
The applications and correspondence 1962; USCG200110714, 69 FR 24984, May 5,

dealing with private aids to navigation 2004]
and obstruction lighting should be ad-
164
67.405 Waivers. 67.4025 Penalty.

(a) The District Commander is au- The penalty for violation is in sec-
thorized to modify or waive any re- tion 1, 63 Stat. 501 (14 U.S.C. 85), or sec-
quirement prescribed in this part tion 4(e)(2) of the Outer Continental
whenever, in his or her judgment, the Shelf Lands Act (43 U.S.C. 1333). Any
safety of marine commerce will not be person, firm, company, or corporation
impaired by so doing. who shall fail or refuse to obey any of
(b) When the District Commander the lawful rules and regulations issued
shall determine that changed cir- in this part or pursuant thereto shall
cumstances in the case of a structure, be guilty of a misdemeanor and shall
whose obstruction lights and/or sound be fined not more than $100 for each of-
signal have been modified or waived, fense. Each day during which such vio-
constitutes a hazard to marine naviga-
lation shall continue shall be consid-
tion, he or she is authorized to revoke
ered a new offense.
or revise his or her previous action and
to require the structure to be appro-
priately marked by suitable obstruc- Subpart 67.50District Regulations
tion lights and/or sound signals in ac-
cordance with this part. 67.501 Scope.
[CGFR 5817, 23 FR 3377, May 20, 1958, as (a) The regulations in this subpart
amended by USCG200110714, 69 FR 24984, shall apply to the structures which are
May 5, 2004] located within the boundaries of the
Coast Guard districts hereinafter de-
67.4010 Communication with owner. fined.
Communication with the owners of (b) Geographic coordinates expressed
private aids to navigation by the Dis- in terms of latitude or longitude, or
trict Commander shall be addressed to both, are not intended for plotting on
their usual or last known place of busi- maps or charts whose referenced hori-
ness, or to their local representative, if zontal datum is the North American
any. Communication shall be by the Datum of 1983 (NAD 83), unless such ge-
method considered appropriate for the ographic coordinates are expressly la-
circumstances. beled NAD 83. Geographic coordinates
without the NAD 83 reference may be
67.4015 Marking at owners expense.
plotted on maps or charts referenced to
The District Commander may mark, NAD 83 only after application of the
for the protection of marine commerce, appropriate corrections that are pub-
any structure whenever the owner lished on the particular map or chart
thereof has failed suitably to mark the being used.
same in accordance with this part, and
the owner shall reimburse the Coast [CGD 86082, 52 FR 33810, Sept. 8, 1987]
Guard for all costs incurred.
67.505 First Coast Guard District.
67.4020 Charges invoiced to owner. (a) Description. See 3.051 of this
Charges to the owner for the cost of chapter.
marking a structure by the Coast (b) Line of demarcation. There is no
Guard shall be determined in accord- line of demarcation prescribed for this
ance with Part 74 of this subchapter. District. When required, it will be de-
All such charges shall be invoiced to termined in accordance with 67.0120.
the owner beginning with the date such
marking is established and shall con- [CGFR 5817, 23 FR 3377, May 20, 1958, as
tinue until notice is received by the amended by CGFR 6140, 26 FR 10353, Nov. 3,
1961]
District Commander that the structure
has been removed, or until the owner 67.5015 Fifth Coast Guard District.
has applied for and been issued a per-
mit by the District Commander to es- (a) Description. See 3.251 of this
chapter.
tablish and operate the required ob-

struction lights and/or sound signals or (b) Line of demarcation. There is no
other markings required by this part. line of demarcation prescribed for this
165
67.5020 33 CFR Ch. I (7110 Edition)
District. When required, it will be de- (vii) A point at Lat. 2934.0 N., Long.
termined in accordance with 67.0120. 8900 W., thence to;
[CGFR 5817, 23 FR 3377, May 20, 1958, as (viii) A point at Lat. 2915.0 N., Long.
amended by CGFR 6140, 26 FR 10353, Nov. 3, 8900 W., thence to;
1961] (ix) A point at Lat. 2914.0 N., Long.
8857.7 W., thence to;
67.5020 Seventh Coast Guard Dis- (x) A point at Lat. 2910.0 N., Long.
trict.
(a) Description. See 3.351 of this (xi) A point at Lat. 2903.6 N., Long.
chapter. 8902.3 W., thence via the five fathom
(b) Line of demarcation. There is no curve to;
line of demarcation prescribed for this (xii) A point at latitude 2858.1 N.,
District. When required, it will be de- longitude 8909.6 W., thence to;
termined in accordance with 67.0120.
(xiii) A point at latitude 2857.8 N.,
[CGFR 5817, 23 FR 3377, May 20, 1958, as longitude 8913.6 W., thence to;
amended by CGFR 6140, 26 FR 10353, Nov. 3, (xiv) A point at latitude 2857.8 N.,
1961] longitude 8919.5 W., thence to;
67.5025 Eighth Coast Guard District. (xv) A point at latitude 2853.8 N.,
longitude 8925.7 W., thence to;
(a) Description. See 3.401 of this
(xvi) A point at latitude 2852.6 N.,
chapter.
longitude 8925.9 W., thence via the 10
(b) Lines of demarcation. The two lines
fathom curve to;
of demarcation described in this sec-
tion are for administrative purposes to (xvii) A point at latitude 2900 N.,
distinguish between the areas in which longitude 8934.0 W., thence to;
structures shall be subject to Class (xviii) A point at latitude 2900 N.,
A, B or C requirements. The longitude 9005.0 W., thence to;
primary line of demarcation delimits (xix) A point at latitude 2846.3 N.,
the areas to the seaward of which Class longitude 9107.5 W., thence to;
A requirements are imposed. The (xx) A point at latitude 2911.5 N.,
secondary line of demarcation delimits longitude 9221.0 W., thence to;
the areas to the shoreward of which (xxi) A point at latitude 2929.0 N.,
Class C requirements are imposed. In longitude 9232.3 W., thence via the 5
those areas where no secondary line of fathom curve to;
demarcation is prescribed, the struc- (xxii) A point at latitude 2941.2 N.,
tures shoreward of the primary line of longitude 9319.9 W., thence to;
demarcation are considered to be Class (xxiii) A point at latitude 2938.7 N.,
C structures. Class B require- longitude 9349.4 W., thence to;
ments are imposed on the structures in (xxiv) A point on the 5 fathom curve
the areas between the two lines of de- at latitude 2935.8 N., longitude 9400
marcation. W., thence via the 5 fathom curve to;
(1) The coordinates of the primary (xxv) A point at latitude 2926.7 N.,
line of demarcation within the jurisdic- longitude 9430.0 W., thence to;
tion of the District Commander are as (xxvi) A point at latitude 2855.3 N.,
follows: longitude 9516.3 W., thence to;
(i) Commencing at a point at Lat.
(xxvii) A point at latitude 2854.9 N.,
3011.3 N., Long. 8803.0 W., thence to;
(ii) A point at Lat. 3011.5 N., Long.
8831.7 W., thence to; (xxviii) A point at latitude 2819.3 N.,
(iii) A point at Lat. 3012.7 N., Long. longitude 9623.3 W., thence to;
8858.0 W., thence to; (xxix) A point at latitude 2749.5 N.,
(iv) A point due west of (iii) at Long. longitude 9701.2 W., thence to;
8900 W., thence to; (xxx) A point on the 10 fathom curve
(v) A point at Lat. 3008.0 N., Long. at latitude 2730.0 N., longitude 9710.0
8900 W., thence to; W., thence via the 10 fathom curve to;
(vi) A point at Lat. 3004.7 N., Long. (xxxi) A point at latitude 2700 N.,
8853.7 W., thence via a line two miles

to seaward around Chandeleur Island (xxxii) A point at latitude 2604.1 N.,
to; longitude 9708.6 W.
166
(2) The coordinates of the secondary (xxviii) A point at Lat. 2934.1 N.,
line of demarcation within the jurisdic- Long. 9239.3 W., thence to;
tion of the District Commander are as (xxix) A point at Lat. 2941.1 N.,
follows: Long. 9257.2 W., thence to;
(i) Commencing at a point in Breton (xxx) A point at Lat. 2944.6 N., Long.
Sound at Lat. 2934.0 N., Long. 8900.0 9307.9 W., thence to;
W., thence to; (xxxi) A point at Lat. 2945.6 N.,
(ii) A point at Lat. 2930.0 N., Long. Long. 9313.7 W., thence to;
8910.0 W., thence to; (xxxii) A point at Lat. 2945.6 N.,
(iii) A point at Lat. 2920.9 N., Long. Long. 9317.3 W., thence to;
8910.0 W., thence to; (xxxiii) A point at Lat. 2944.3 N.,
(iv) A point at Lat. 2915.3 N., Long. Long. 9321.0 W., thence to;
8904.0 W., thence to; (xxxiv) A point at Lat. 2945.3 N.,
(v) A point at Lat. 2914.1 N., Long. Long. 9330.0 W., thence to;
8859.0 W., thence to; (xxxv) A point at Lat. 2943.3 N.,
(vi) A point at Lat. 2908.6 N., Long. Long. 9343.7 W., thence to;
8858.3 W., thence to; (xxxvi) A point at Lat. 2941.0 N.,
(vii) A point at Lat. 2902.1 N., Long. Long. 9348.8 W., thence to;
8906.6 W., thence to; (xxxvii) A point at Lat. 2938.8 N.,
(viii) A point at Lat. 2858.1 N., Long. Long. 9350.8 W., thence to;
8908.4 W., thence to; (xxxviii) A point at Lat. 2940.0 N.,
(ix) A point at Lat. 2901.1 N., Long. Long. 9357.3 W., thence to;
8916.1 W., thence to; (xxxix) A point at Lat. 2939.3 N.,
(x) A point at Lat. 2853.7 N., Long. Long. 9405.0 W., thence to;
(xl) A point at Lat. 2927.0 N., Long.
(xi) A point at Lat. 2854.3 N., Long.
(xli) A point at Lat. 2923.1 N., Long.
(xii) A point at Lat. 2902.2 N., Long.
(xlii) A point at Lat. 2920.4 N., Long.
(xiii) A point at Lat. 2911.8 N., Long.
(xiv) A point at Lat. 2917.9 N., Long. (xliii) A point at Lat. 2906.6 N.,
8946.6 W., thence to; Long. 9504.4 W., thence to;
(xv) A point at Lat. 2917.1 N., Long. (xliv) A point at Lat. 2904.6 N.,
(xvi) A point at Lat. 2914.5 N., Long. (xlv) A point at Lat. 2902.0 N., Long.
8955.1 W., thence to; 9510.0 W., thence to;
(xvii) A point at Lat. 2910.9 N., (xlvi) A point at Lat. 2857.3 N.,
Long. 9002.9 W., thence to; Long. 9516.2 W., thence to;
(xviii) A point at Lat. 2905.5 N., (xlvii) A point at Lat. 2855.3 N.,
Long. 9010.0 W., thence to; Long. 9517.9 W., thence to;
(xix) A point at Lat. 2904.5 N., Long. (xlviii) A point at Lat. 2839.5 N.,
(xx) A point at Lat. 2902.0 N., Long., (xlix) A point at Lat. 2832.1 N.,
(xxi) A point at Lat. 2901.9 N., Long. (l) A point at Lat. 2826.4 N., Long.
(xxii) A point at Lat. 2903.6 N., (li) A point at Lat. 2823.6 N., Long.
Long. 9032.8 W., thence to; 9621.5 W., thence to;
(xxiii) A point at Lat. 2901.9 N., (lii) A point at Lat. 2819.7 N., Long.
(xxiv) A point at Lat. 2900.8 N., (liii) A point at Lat. 2819.3 N., Long.
(xxv) A point at Lat. 2902.4 N., Long. (liv) A point at Lat. 2814.8 N., Long.
(xxvi) A point at Lat. 2928.5 N., (lv) A point at Lat. 2809.1 N., Long.
Long. 9210.1 W., thence to;

(xxvii) A point at Lat. 2931.1 N., (lvi) A point at Lat. 2802.4 N., Long.
167
67.5025 33 CFR Ch. I (7110 Edition)
(lvii) A point at Lat. 2756.2 N., Long. properly marked. The spoil banks
9658.3 W., thence to; should be examined at frequent inter-
(lviii) A point at Lat. 2752.8 N., vals in order that the changing condi-
Long. 9701.1 W., thence to; tions may be kept under control. As
(lix) A point at Lat. 2749.3 N., Long. markers are no longer required due to
9703.0 W., thence to; settling of banks, the Coast Guard will
(lx) A point at Lat. 2746.4 N., Long. authorize their removal upon applica-
9705.6 W., thence to; tion.
(lxi) A point at Lat. 2738.9 N., Long.
(2) All openings in such submerged
spoil shall be marked by daybeacons on
(lxii) A point at Lat. 2728.3 N., Long.
9716.2 W., thence to; each side of the openings. When spoil is
(lxiii) A point at Lat. 2721.9 N., located on each side of a channel or
Long. 9718.9 W., thence to; pipe line, each bank will be considered
(lxiv) A point at Lat. 2713.7 N., separately. The daybeacons shall be
Long. 9721.2 W., thence to; equipped with arrows designating the
(lxv) A point at Lat. 2705.4 N., Long. safe water through the opening. These
9722.3 W., thence to; daybeacons may also be used as chan-
(lxvi) A point at Lat. 2657.1 N., nel markers for the dredged channels
Long. 9722.2 W., thence to; providing they are also equipped with
(lxvii) A point at Lat. 2648.9 N., arrows designating the spoil bank
Long. 9720.9 W., thence to; openings.
(lxviii) A point at Lat. 2639.1 N., (3) When spoil banks constituting an
Long. 9718.1 W., thence to; obstruction to navigation abut an es-
(lxix) A point at Lat. 2628.8 N., tablished traveled waterway, the out-
Long. 0714.3 W., thence to; board spoil bank markers shall be
(lxx) A point at Lat. 2618.3 N., Long.
equipped with quick flashing lights de-
scribed in Subpart 67.30 of this part, ex-
(lxxi) A point at Lat. 2611.7 N.,
Long. 9710.2 W., thence to; cept that the color shall be in accord-
(lxxii) A point at Lat. 2604.8 N., ance with the provisions of Subpart
Long. 9709.3 W., thence to; 62.25 of Part 62 of this subchapter.
(lxxiii) A point at Lat. 2604.2 N., (e) Applications. All applications for
Long. 9708.8 W., thence to; private aids to navigation and all cor-
(lxxiv) A point at Lat. 2558.3 N., respondence dealing with private aids
Long. 9708.3 W. to navigation and obstruction lighting
(c) Seismographic and surveying oper- must be addressed to Commander
ations. (1) All stakes and casings (oan), Eighth Coast Guard District,
(pipes), except bamboo poles and wood- Hale Boggs Federal Building, 501 Maga-
en stakes less than 2 inches in diame- zine Street, New Orleans, Louisiana
ter, placed in the water during seis- 701303396.
mographic or surveying operations (f) Enclosures. Applicants shall ap-
shall be marked with flags during the pend on a separate sheet with each ap-
daylight hours. Those casings remain-
plication, the description, including
ing in place during the hours of dark-
manufacturer, of obstruction lights
ness shall be marked by a red light as
prescribed in Subpart 67.30 of this part. and sound signals.
(2) All buoys used during seis- (g) Corps of Engineers correspondence.
mographic operations shall be painted A copy of all correspondence directed
with international orange and white to the District Engineer, Corps of Engi-
horizontal bands. The buoys shall be of neers, U.S. Army, in accordance with
light construction in order that they condition (i) of the Department of the
will not present a hazard to marine Army permit, shall be forwarded to the
commerce. District Commander for those oper-
(d) Spoil marking. (1) All submerged ations conducted under permits au-
spoil resulting from the dredging of thorizing the erection of structures in
channels, laying of pipelines, or any

other operation, which constitutes an
obstruction to navigation, shall be
168
areas in which Class A, Class B, or District. When required, it will be de-

Class C requirements must be met. termined in accordance with 67.0120.
[CGFR 5817, 23 FR 3377, May 20, 1958, as [CGFR 5817, 23 FR 3377, May 20, 1958, as
amended by CGFR 6140, 26 FR 10353, Nov. 3, amended by CGFR 6225, 27 FR 8733, Aug. 31,
1961; CGFR 6534, 30 FR 9485, July 29, 1965; 1962]
CGFR 6895, 33 FR 15285, Oct. 15, 1968; USCG
20007223, 65 FR 40055, June 29, 2000; USCG 67.5050 Seventeenth Coast Guard
20019286, 66 FR 33640, June 25, 2001] District.
(a) Description. See 3.851 of this
67.5030 Ninth Coast Guard District. chapter.
(a) Description. See 3.451 of this (b) Line of demarcation. There is no
chapter. line of demarcation prescribed for this
(b) Line of demarcation. There is no District. When required it will be de-
line of demarcation prescribed for this
District. When required, it will be de- [CGFR 6895, 33 FR 15285, Oct. 15, 1968]
[CGFR 5817, 23 FR 3377, May 20, 1958, as
PART 70INTERFERENCE WITH OR
amended by CGFR 6140, 26 FR 10353, Nov. 3, DAMAGE TO AIDS TO NAVIGA-
1961] TION
67.5035 Eleventh Coast Guard Dis- Subpart 70.01Interference With Aids to
trict. Navigation
(a) Description. See 3.551 of this Sec.
chapter. 70.011 General provisions.
(b) Line of Demarcation. The line of 70.015 Penalty.
demarcation described in this section
is for administrative purposes to dis- Subpart 70.05Collision With or Damage
tinguish between the areas in which to Aids to Navigation
structures shall be subject to Class 70.051 General provisions.
A, B, or C requirements. The 70.055 Penalty.
line delimits the areas to seaward of 70.0510 Revocation of merchant mariner
which class A requirements are im- credential officer endorsement or license.
70.0515 Liability for damages.
posed. The line of demarcation within
70.0520 Report required.
the jurisdiction of the District Com-
mander is defined as follows: AUTHORITY: Secs. 14, 16, 30 Stat. 1152, 1153;
secs. 84, 86, 92, 633, 642, 63 Stat. 500, 501, 503,
(1) Commencing at a point of latitude 545, 547 (33 U.S.C. 408, 411, 412; 14 U.S.C. 84, 86,
4159.8 N., longitude 12419.5 W., thence 92, 633, 642).
southward along the seaward limit of
the territorial sea to;
Subpart 70.01Interference With
(2) A point at latitude 3232.0 N, lon-
gitude 11711.0 W.
Aids to Navigation
(c) Structures located within a half 70.011 General provisions.
nautical mile of Traffic Separation No person, excluding the Armed
Scheme Los Angeles/Long Beach will Forces, shall obstruct or interfere with
also be subject to class A require- any aid to navigation established and
ments. The traffic separation scheme is maintained by the Coast Guard, or any
depicted on National Ocean Service private aid to navigation established
Charts 18740, 18720, 18725, 18746, 18721. and maintained in accordance with
[CGD118602, 52 FR 37613, Oct. 8, 1987] part 64, 66, 67, or 68 of this subchapter.
[CGFR 5817, 23 FR 3383, May 20, 1958]
67.5045 Thirteenth Coast Guard Dis-
trict. 70.015 Penalty.
(a) Description. See 3.651 of this Any person violating the provisions
chapter.
of this section shall be deemed guilty

(b) Line of demarcation. There is no of a misdemeanor and be subject to a
line of demarcation prescribed for this fine not exceeding the sum of $500 for
169
70.051 33 CFR Ch. I (7110 Edition)
each offense, and each day during pended for a term to be fixed by the
which such violation shall continue judge before whom tried and convicted.
shall be considered a new offense. [CGFR 5215, 18 FR 12, Jan. 1, 1953, as amend-
[CGFR 5215, 18 FR 12, Jan. 1, 1953] ed by USCG200624371, 74 FR 11211, Mar. 16,
2009]
Subpart 70.05Collision With or 70.0515 Liability for damages.

Damage to Aids to Navigation Any boat, vessel, scow, raft or other
craft used or employed in violating any
SOURCE: CGFR 5215, 18 FR 12, Jan. 1, 1953, of the provisions of 70.051 shall be lia-
unless otherwise noted. ble for the pecuniary penalties speci-
fied in 70.055, and in addition thereto
70.051 General provisions. for the amount of damage done by said
No person shall take possession of or boat, vessel, scow, raft or other craft,
make use of for any purpose, or build which may be proceeded against sum-
upon, alter, deface, destroy, move, in- marily by way of libel in any district
jure, obstruct by fastening vessels court of the United States having juris-
thereto or otherwise, or in any manner diction thereof.
whatever impair the usefulness of any
70.0520 Report required.
aid to navigation established and main-
tained by the United States. Whenever any vessel collides with an
aid to navigation established and main-
70.055 Penalty. tained by the United States or any pri-
vate aid to navigation established or
Every person and every corporation
maintained in accordance with Part 64,
that shall violate, or that shall know-
66, 67, or 68 of this subchapter, or is
ingly aid, abet, authorize, or instigate
connected with any such collision, it
a violation of the provisions of 70.05 shall be the duty of the person in
1 shall be guilty of a misdemeanor, and charge of such vessel to report the ac-
on conviction thereof shall be punished cident to the nearest Officer in Charge,
by a fine of up to $25,000 per day, or by Marine Inspection, in accordance with
imprisonment (in case of a natural per- 46 CFR 4.
son) for not less than thirty days nor
more than one year, or both, one half [CGFR 5817, 23 FR 3383, May 20, 1958, as
amended by CGFR 6155, 26 FR 12572, Dec. 28,
of such fine to be paid to the person or 1961; CGD 97023, 62 FR 33362, June 19, 1997]
persons giving information which shall
lead to conviction.
PART 72MARINE INFORMATION
[CGFR 5215, 18 FR 12, Jan. 1, 1953, as amend-
ed by USCG20090416, 74 FR 27438, June 10, Subpart 72.01Notices to Mariners
2009]
Sec.
70.0510 Revocation of merchant 72.011 Purpose.
mariner credential officer endorse- 72.015 Local Notice to Mariners.
ment or license. 72.0110 Notice to Mariners.
72.011572.0120 [Reserved]
Every master, pilot, and engineer, or
72.0125 Marine broadcast notice to mari-
person or persons acting in such capac- ners.
ity, respectively, on board any boat or 72.0130 Temporary deficiencies.
vessel who shall willfully injure or de- 72.0135 Change of address.
stroy an aid to navigation established 72.0140 Single copies.
and maintained by the United States
shall be deemed guilty of violating the Subpart 72.05Light Lists
provisions of 70.051 and shall upon 72.051 Purpose.
conviction be punished as provided in 72.055 Sales agencies.
70.055 and shall also have his mer- 72.0510 Free distribution.
chant mariner credential officer en-
AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333;

dorsement or license revoked or sus- Department of Homeland Security Delega-
tion No. 0170.1.
170
Subpart 72.01Notices to (1) Useful in updating the latest edi-

Mariners tions of charts and publications of the
National Geospatial-Intelligence Agen-
72.011 Purpose. cy, National Ocean Service, U.S. Army
Corps of Engineers, and Coast Guard;
The Coast Guard issues information
(2) Selected from the Local Notice
concerning the establishment of aids to
to Mariners issued and published by
maritime navigation and the changes,
the 1 st, 5 th, 7 th, 8 th, 9 th, 11 th, 13 th,
discontinuances, and deficiencies, ex-
14 th, and 17 th Coast Guard districts;
cept temporary deficiencies that are
and
easily correctable, of aids to maritime
(3) Compiled from foreign notices to
navigation maintained and operated by mariners, ship reports, and similar co-
or under the authority of the Coast operating observer reports.
Guard in documents and marine broad- (b) Notice to Mariners is published
casts having the general title of No- weekly by the National Imagery and
tice to Mariners. This subpart de- Mapping Agency. The Notice to Mari-
scribes the publications and the marine ners is prepared by the:
broadcasts. (1) Coast Guard;
[CGD 70147R, 37 FR 10669, May 26, 1972] (2) National Ocean Service; and
(3) National Imagery and Mapping
72.015 Local Notice to Mariners. Agency.
(a) Local Notice to Mariners re- (c) This notice may be obtained free
ports changes to and deficiencies in of charge from commercial maritime
aids to navigation that are established sources and upon request to the De-
or maintained and operated by or fense Logistics Agency, Defense Supply
under the authority of the Coast Center Richmond, ATTN: JNB, 8000
Guard, and any other information per- Jefferson Davis Highway, Richmond,
taining to the waterways within each VA 232975100 or FAX 8042796510,
Coast Guard district that is of interest ATTN: Accounts Manager, RMF. Re-
to the mariner. quest should be based on affirmative
(b) Local Notice to Mariners is need for the information.
published and issued weekly by each NOTE TO 72.0110: You may also access No-
Coast Guard district or more often if tice to Mariners through the National
there is a need to notify mariners of Geospatial-Intelligence Agencys Web site
local waterway information. (http://pollux.nss.nima.mil); look for U.S. No-
tice to Mariners.
(c) Any person may apply to the local
Coast Guard District Office to be [CGD 97023, 62 FR 33362, June 19, 1997, as
placed on the mailing list for the amended by USCG20019286, 66 FR 33640,
Local Notice to Mariners. The June 25, 2001; USCG200110714, 69 FR 24984,
May 5, 2004; USCG20090416, 74 FR 27438,
Local Notice to Mariners is mailed June 10, 2009]
to the public free of charge.
NOTE TO 72.015: You may also access 72.011572.0120 [Reserved]
Local Notice to Mariners free of charge on
the Internet from the Coast Guard Naviga- 72.0125 Marine broadcast notice to
tion Centers Web site (http:// mariners.
www.navcen.uscg.gov/); look for Local No- (a) The Coast Guard broadcasts no-
tice to Mariners. tices to mariners on its own or U.S.
[CGD 70147R, 37 FR 10669, May 26, 1972, as Navy radio stations to report naviga-
amended by USCG200110714, 69 FR 24984, tional warnings containing informa-
May 5, 2004] tion of importance to the safety of
navigation of vessels, such as the posi-
72.0110 Notice to Mariners. tion of ice and derelicts, defects, and
(a) Notice to Mariners is intended changes to aids to navigation, and
to advise mariners of new hydrographic drifting mines. Radio stations broad-
discoveries, changes in channels and casting marine information are listed
navigational aids, and information con- in Radio Navigational Aids (Na-
cerning the safety of navigation. No- tional Geospatial-Intelligence Agency

tice to Mariners also contains infor- Publication 117) and United States
mation Coast Pilots.
171
72.0130 33 CFR Ch. I (7110 Edition)
(b) Any person may purchase Radio ters of the United States, its terri-
Navigational Aids online from the tories and possessions:
U.S. Government Online Bookstore at (1) Volume I, Atlantic Coast, from St.
http://bookstore.gpo.gov, by Fax at 202 Croix River, Maine, to Shrewsbury
5122104, or by telephone at 2025121800. River, New Jersey.
Send mail orders including payment to (2) Volume II, Atlantic Coast, from
U.S. Government Printing Office, Su- Shrewsbury River, New Jersey, to Lit-
perintendent of Documents, P.O. Box tle River, South Carolina.
371954, Pittsburgh, PA 152501954. (3) Volume III, Atlantic and Gulf
(c) Any person may purchase United Coasts, from Little River, South Caro-
States Coast Pilots from any author- lina, to Econfina River, Florida, in-
ized agent for the sale of National cluding Puerto Rico and the U.S. Vir-
Ocean Service charts and publications gin Islands.
whose names and addresses are con- (4) Volume IV, Gulf of Mexico, from
tained in the National Ocean Service Econfina River, Florida to Rio Grande,
Chart Catalogs. Texas.
(5) Volume V, Mississippi River Sys-
[CGD 97023, 62 FR 33362, June 19, 1997; tem.
USCG20019286, 66 FR 33640, June 25, 2001;
(6) Volume VI, Pacific Coast and Pa-
USCG200625150, 71 FR 39208, July 12, 2006;
USCG20090416, 74 FR 27438, June 10, 2009] cific Islands.
(7) Volume VII, Great Lakes.
72.0130 Temporary deficiencies. (b) The Light Lists contain the offi-
cial name, location, characteristics,
Temporary deficiencies in aids to
and general description of federal,
navigation are not published in Notices
state, and private aids to navigation
to Mariners when it is known that the
maintained by or under authority of
defects will be corrected promptly.
the U.S. Coast Guard, which are placed
[CGFR 5215, 18 FR 13, Jan. 1, 1953] in navigable waters used by general
navigation. The Light Lists do not con-
72.0135 Change of address. tain information concerning private
Persons receiving Notices to Mari- aids to navigation maintained under
ners are requested to notify the appro- the authority of the U.S. Coast Guard,
priate agency of any change in address, which are placed in navigable waters
giving both old and new addresses, or not used by general navigation; nor do
when Notices to Mariners are no longer they contain information concerning
required. mooring buoys and some special marks
having no lateral significance such as
[CGFR 5215, 18 FR 13, Jan. 1, 1953]
fish net, dredging, and racing buoys.
72.0140 Single copies. (14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46)
Single copies of the Notice to Mari- [CGFR 6063, 25 FR 8949, Sept. 17, 1960, as
ners described in 72.0110 may be ob- amended by CGFR 6348, 28 FR 10379, Sept.
tained or consulted at: 25, 1963; CGD 85042, 50 FR 50904, Dec. 13, 1985;
(a) Coast Guard District Com- CGD 88105, 54 FR 12612, Mar. 28, 1989; USCG
manders Offices; 20019286, 66 FR 33640, June 25, 2001]
(b) National Ocean Service Field Of-
72.055 Sales agencies.
fices;
(c) The National Imagery and Map- Each volume of the Light List is for
ping Agency; and sale by the Superintendent of Docu-
(d) Custom Houses. ments, Government Printing Office,
and can be ordered online from the U.S.
[CGD 97023, 62 FR 33362, June 19, 1997] Government Online Bookstore at http://
bookstore.gpo.gov, by Fax at 202512
Subpart 72.05Light Lists 2104, or by telephone at 2025121800.
Send mail orders including payment to
72.051 Purpose. U.S. Government Printing Office, Su-
(a) The Coast Guard publishes the perintendent of Documents, P.O. Box
following Light Lists annually, with 371954, Pittsburgh, PA 152501954. Noti-

the exception of Volume V, which is fication of publication of a new edition
published biennially, covering the wa- of the Light List is published in the
172
Local Notices to Mariners and No- behalf of the United States in accord-
tice to Mariners for the particular ance with Part 25 of this title.
area that is covered as soon as the edi-
[CGFR 707, 35 FR 4048, Mar. 4, 1970]
tion is available for distribution.
[USCG20019286, 66 FR 33640, June 25, 2001, as 74.0110 Charges invoiced to owner
amended by USCG200625150, 71 FR 39208, for marking sunken wrecks and
July 12, 2006] other obstructions to navigation.
Charges for the establishment, main-
72.0510 Free distribution.
tenance, and replacement by the Coast
Official copies are distributed free of Guard of an aid, either permanent or
charge to Federal, State, and foreign temporary, to mark a sunken wreck or
governments, municipalities, libraries other obstruction to navigation are
and other public institutions. calculated to recover the Coast Guard
NOTE TO 72.0510: You may also access costs involved in, or associated with,
Coast Guard Light data through the fol- the marking process. These charges
lowing National Geospatial-Intelligence will be invoiced to the owner of the ob-
Agencys Web site: (http://pollux.nss.nima.mil/ struction. Charges for the removal of
pubs/USCGLL/pubsljluscgllllist.html). aids to navigation established by the
(R.S. 501, as amended, sec. 5, 38 Stat. 75; 44 Coast Guard will be invoiced to the
U.S.C. 82, 84) owner unless the District Engineer re-
[CGFR 5115, 18 FR 13, Jan. 1, 1953, as amend- quests the continued marking of the
ed by USCG200110714, 69 FR 24984, May 5, obstruction. All charges will be as-
2004] sessed in accordance with Subpart 74.20
of this part.
PART 74CHARGES FOR COAST [CGD 81051, 48 FR 15468, Apr. 11, 1983]
GUARD AIDS TO NAVIGATION
WORK 74.0115 Charges for placement of
temporary aids.
Subpart 74.01Charges to the Public Charges for placement of temporary
aids will be reimbursable and in ac-
Sec.
cordance with Subpart 74.20 of this
74.011 Claim for damage, destruction, or
displacement. part. Where the placement of tem-
74.0110 Charges invoiced to owner for porary aids other than those specified
marking sunken wrecks and other ob- is made, a reasonable equivalence will
structions to navigation. be determined, and charges made ac-
74.0115 Charges for placement of temporary cordingly.
aids.
74.0120 Deposit of payment in special ac- 74.0120 Deposit of payment in spe-
count. cial account.
Subpart 74.20Aids to Navigation Costs Whenever an aid to navigation or
other property belonging to the Coast
74.201 Buoy and vessel use costs. Guard is damaged or destroyed by a
AUTHORITY: 14 U.S.C. 81, 85, 86, 92, 93, 141, private person, such person shall pay
633, 642, 647; 49 CFR 1.46 (b). to the satisfaction of the Coast Guard
the cost of repair or replacement of
SOURCE: CGFR 5850, 24 FR 5608, July 11,
1959, unless otherwise noted. such property. The Coast Guard will
accept and deposit such payment in a
special account in the Treasury for
Subpart 74.01Charges to the payment therefrom of the cost of re-
Public pairing or replacing the damaged prop-
74.011 Claim for damage, destruc- erty. Funds collected in excess of the
tion, or displacement. cost to make repairs or replacements
shall be refunded.
Whenever an aid to navigation is

damaged, destroyed, or displaced from
its station, a claim shall be made on
173
74.201 33 CFR Ch. I (7110 Edition)
Subpart 74.20Aids to Navigation private aids to navigation to mark

Costs wrecks, piers, or other obstructions;
contractors engaged on public works;
74.201 Buoy and vessel use costs. and in other cases in which in the judg-
(a) The buoy and vessel use costs for ment of the Commandant the public in-
establishing, maintaining, repairing, terest may be served: Provided:
replacing, or removing an aid to navi- (a) Such equipment has not been re-
gation under the requirements of this ported by the Coast Guard to the Gen-
part are contained in COMDTINST 7310 eral Services Administration as excess
(series) which is available from the (if the equipment has been reported to
District Budget Office of the appro- the General Services Administration as
priate Coast Guard District Com- excess, the Commandant will submit
mander. the request to that administration for
(b) Buoy and vessel use charges under further action); and
this part are made for the cost or value (b) Such equipment is not readily
of time, in hours, consumed by the procurable in the open market. Re-
Government vessel, including ships quests to purchase such apparatus or
complement, employed in marking the equipment shall give sufficient reasons
obstruction. No charge for time and ex- why the article or articles cannot be
pense of Coast Guard vessels is made readily procured in the open market. If
when the marking of the obstruction the Commandant considers that an ar-
causes only minimal interruption of ticle can be readily procured in the
routinely scheduled ships duty. open market the prospective purchaser
will be so informed, and given the
[CGD 81051, 48 FR 15468, Apr. 11, 1983, as
names of dealers or manufacturers.
June 29, 2000] Sales shall be invoiced at cost plus 25
percent for overhead. Proceeds of such
sales shall be deposited in the Treasury
PART 76SALE AND TRANSFER OF to the credit of the current appropria-
AIDS TO NAVIGATION EQUIPMENT tion for operating expenses, Coast
Guard.
Subpart 76.01Sale of Equipment
Sec. 76.015 Sale of condemned equip-
76.011 Sale of equipment not readily pro- ment.
curable. When any condemned supplies, mate-
76.015 Sale of condemned equipment. rials, or equipment cannot be profit-
Subpart 76.10Federal Agencies ably used in work of the Coast Guard,
they will be disposed of under appro-
76.101 Exemption. priate regulations of the General Serv-
AUTHORITY: Sec. 92, 63 Stat. 503; sec. 641, 63 ices Administration. Applications for
Stat. 547, as amended (14 U.S.C. 92, 641). purchase of such materials may be sub-
mitted to the Commandant who will
SOURCE: CGFR 5215, 18 FR 14, Jan. 1, 1953,
unless otherwise noted. process them for further action under
the applicable regulations.
Subpart 76.01Sale of Equipment
Subpart 76.10Federal Agencies
76.011 Sale of equipment not readily
procurable. 76.101 Exemption.
The Commandant is authorized to Nothing in this part shall be con-
sell aids to navigation apparatus or strued to affect the regulations con-
equipment to foreign, state, or munic- cerning the transfer of supplies, mate-
ipal governments or departments rials, equipment, or land between other
thereof; parties required to maintain Federal agencies.
174
SUBCHAPTER DINTERNATIONAL NAVIGATION RULES
Special NoteApplication of the COLREGS were judicially considered as

being customary international law, that is
72 COLREGS to territories and to say international law based upon the con-
possessions. sensus of maritime nations rather than upon
an express instrument. Because 72 COLREGS
a. Article III of the Convention on the was elaborated as a treaty, and under usual
International Regulations for Preventing treaty practice only parties are bound, there
Collisons at Sea, 1972 (72 COLREGS), done at may be a period of time after the 72
London, October 20, 1972, as rectified by COLREGS come into force during which the
Proces-Verbal of December 1, 1973, provides ships of a nation not party to 72 COLREGS
that a party may notify the Secretary-Gen- might not be considered as being bound to
eral of the International Maritime Organiza- comply with the convention. While it is most
tion (IMO, formerly Inter-Governmental likely that the 72 COLREGS will rapidly
Maritime Consultative Organization or achieve the status of customary inter-
IMCO) that it extends the application of the national law, thereby obviating any concern
Convention to territory for which it is re- on the part of the mariner as to whether a
sponsible for international relations. Since particular nation is a party, it does not nec-
it is the intention of the United States that essarily follow that the courts in all nations
the 72 COLREGS apply to all U.S. territories will apply 72 COLREGS to the vessels of a
and possessions to the same extent that the non-party nation. In the absence of changes
International Regulations for Preventing in their domestic law there may be certain
Collisions at Sea, 1960 (60 COLREGS) (16 USC nations that will feel compelled to continue
794, TIAS 5813) previously applied, the United 60 COLREGS in force, despite the coming
States has given notice to the Secretary- into force of 72 COLREGS.
General that the provisions of the 1972 The following nations are Contracting Par-
COLREGS are applicable on July 15, 1977, to ties for which 72 COLREGS will apply upon
the following territories and possessions for the Conventions entry into force:
which the United States is responsible for
international relations: Algeria Mexico
Bahamas Monaco
Puerto Rico Belgium Netherlands
Guam Brazil New Zealand
The Canal Zone Bulgaria Nigeria
The Virgin Islands of the United States Canada Norway
American Samoa Denmark Papua New Guinea
Midway Island Finland Poland
Wake Island France Romania
Johnston Island German Democratic South Africa
Palmyra Island
Republic Spain
Kingman Reef
Germany, Federal Sweden
Howland Island
Republic Switzerland
Baker Island
Ghana Syrian Arab Republic
Jarvis Island
Navassa Island Greece USSR
Hungary United Kingdom
b. In accordance with Article III, other Iceland United States
parties to the Convention have notified the India Yugloslavia
Secretary-General that application of 72 Liberia Zaire
COLREGS is extended. These parties with
their territorial extensions are listed in The following nations have accepted the 60
Table 1. COLREGS but are not Contracting Parties
to 72 COLREGS:
TABLE 1. TERRITORIAL EXTENSIONS OF OTHER Argentina Gambia
Australia Indonesia
PARTIES TO 72 COLREGS
Austria Ireland
Territories to which 72 Barbados Israel
Party to convention COLREGS are extended Burma Italy
China Ivory Coast
United Kingdom ............................ Hong Kong.
Cuba Jamaica
Cyprus Japan
Because earlier formulations of the Czechoslovakia Kuwait
COLREGS were not elaborated as treaties, Ecuador Lebanon
they came into force by the almost simulta- Egypt Libyan Arab
neous enactment of domestic legislation by Fiji Republic
the majority of maritime nations. The
175
Madagascar Singapore 80.715 Savannah River.
Maldives Surinam 80.717 Tybee Island, GA to St. Simons Is-
Morocco Tonga land, GA.
Oman Trinidad 80.720 St. Simons Island, GA to Amelia Is-
Pakistan land, FL.
Tobago
Paraguay 80.723 Amelia Island, FL to Cape Canaveral,
Tunisia FL.
Peru
Philippines Turkey 80.727 Cape Canaveral, FL to Miami Beach,
Portugal United Republic of FL.
Republic of Korea Cameroon 80.730 Miami Harbor, FL.
80.735 Miami, FL to Long Key, FL.
[CGD 77075, 42 FR 26976, May 26, 1977. Redes-
ignated by CGD 81017, 46 FR 28153, May 26, PUERTO RICO AND VIRGIN ISLANDS
1981; CGD 95053, 61 FR 9, Jan. 2, 1996]
SEVENTH DISTRICT
PART 80COLREGS 80.738 Puerto Rico and Virgin Islands.

DEMARCATION LINES GULF COAST
GENERAL SEVENTH DISTRICT
Sec. 80.740 Long Key, FL to Cape Sable, FL.

80.01 General basis and purpose of demarca- 80.745 Cape Sable, FL to Cape Romano, FL.
tion lines. 80.748 Cape Romano, FL to Sanibel Island,
FL.
ATLANTIC COAST 80.750 Sanibel Island, FL to St. Petersburg,
FL.
FIRST DISTRICT 80.753 St. Petersburg, FL to Anclote, FL.
80.105 Calais, ME to Cape Small, ME. 80.755 Anclote, FL to the Suncoast Keys,
80.110 Casco Bay, ME. FL.
80.115 Portland Head, ME to Cape Ann, MA. 80.757 Suncoast Keys, FL to Horseshoe
80.120 Cape Ann, MA to Marblehead Neck, Point, FL.
MA. 80.760 Horseshoe Point, FL to Rock Island,
80.125 Marblehead Neck, MA to Nahant, FL.
MA. EIGHTH DISTRICT
80.130 Boston Harbor entrance.
80.135 Hull, MA to Race Point, MA. 80.805 Rock Island, FL to Cape San Blas,
80.145 Race Point, MA to Watch Hill, RI. FL.
80.150 Block Island, RI. 80.810 Cape San Blas, FL to Perdido Bay,
80.155 Watch Hill, RI to Montauk Point, NY. FL.
80.160 Montauk Point, NY to Atlantic 80.815 Mobile Bay, AL to the Chandeleur Is-
Beach, NY. lands, LA.
80.165 New York Harbor. 80.825 Mississippi Passes, LA.
80.170 Sandy Hook, NJ to Toms River, NJ. 80.830 Mississippi Passes, LA to Point Au
Fer, LA.
FIFTH DISTRICT 80.835 Point Au Fer, LA to Calcasieu Pass,
LA.
80.501 Toms River, NJ to Cape May, NJ.
80.840 Sabine Pass, TX to Galveston, TX.
80.503 Delaware Bay.
80.845 Galveston, TX to Freeport, TX.
80.505 Cape Henlopen, DE to Cape Charles,
80.850 Brazos River, TX to the Rio Grande,
VA.
TX.
80.510 Chesapeake Bay Entrance, VA.
80.515 Cape Henry, VA to Cape Hatteras, PACIFIC COAST
NC.
80.520 Cape Hatteras, NC to Cape Lookout, ELEVENTH DISTRICT
NC. 80.1102 Santa Catalina Island, CA.
80.525 Cape Lookout, NC to Cape Fear, NC. 80.1104 San Diego Harbor, CA.
80.530 Cape Fear, NC to New River Inlet, 80.1106 Mission Bay, CA.
NC. 80.1108 Oceanside Harbor, CA.
SEVENTH DISTRICT
80.1110 Dana Point Harbor, CA.
80.1112 Newport Bay, CA.
80.703 Little River Inlet, SC to Cape 80.1114 San Pedro BayAnaheim Bay, CA.
Romain, SC. 80.1116 Redondo Harbor, CA.
80.707 Cape Romain, SC to Sullivans Island, 80.1118 Marina Del Rey, CA.
SC. 80.1120 Port Hueneme, CA.
80.710 Charleston Harbor, SC. 80.1122 Channel Islands Harbor, CA.

80.712 Morris Island, SC to Hilton Head Is- 80.1124 Ventura Marina, CA.
land, SC. 80.1126 Santa Barbara Harbor, CA.
176
80.1130 San Luis Obispo Bay, CA. GENERAL
80.1132 EsteroMorro Bay, CA.
80.1134 Monterey Harbor, CA. 80.01 General basis and purpose of
80.1136 Moss Landing Harbor, CA. demarcation lines.
80.1138 Santa Cruz Harbor, CA. (a) The regulations in this part estab-
80.1140 Pillar Point Harbor, CA.
lish the lines of demarcation delin-
80.1142 San Francisco Harbor, CA.
eating those waters upon which mari-
80.1144 Bodega and Tomales Bay, CA.
ners shall comply with the Inter-
80.1146 Albion River, CA.
national Regulations for Preventing
80.1148 Noyo River, CA.
Collisions at Sea, 1972 (72 COLREGS)
80.1150 ArcatoHumboldt Bay, CA.
and those water upon which mariners
80.1152 Crescent City Harbor, CA.
shall comply with the Inland Naviga-
THIRTEENTH DISTRICT tion Rules.
(b) The waters inside of the lines are
80.1305 Chetco River, OR.
80.1310 Rogue River, OR.
Inland Rules waters. The waters out-
80.1315 Coquille River, OR.
side the lines are COLREGS waters.
80.1320 Coos Bay, OR. (c) Geographic coordinates expressed
80.1325 Umpqua River, OR. in terms of latitude or longitude, or
80.1330 Siuslaw River, OR. both, are not intended for plotting on
80.1335 Alsea Bay, OR. maps or charts whose referenced hori-
80.1340 Yaquina Bay, OR. zontal datum is the North American
80.1345 Depoe Bay, OR. Datum of 1983 (NAD 83), unless such ge-
80.1350 Netarts Bay, OR. ographic coordinates are expressly la-
80.1355 Tillamook Bay, OR. beled NAD 83. Geographic coordinates
80.1360 Nehalem River, OR. without the NAD 83 reference may be
80.1365 Columbia River Entrance, OR/WA. plotted on maps or charts referenced to
80.1370 Willapa Bay, WA. NAD 83 only after application of the
80.1375 Grays Harbor, WA. appropriate corrections that are pub-
80.1380 Quillayute River, WA. lished on the particular map or chart
80.1385 Strait of Juan de Fuca being used.
80.1390 Haro Strait and Strait of Georgia
[CGD 82029, 47 FR 19519, May 6, 1982, as
80.1395 Puget Sound and adjacent waters.
amended by CGD 83003, 48 FR 7442, Feb. 18,
PACIFIC ISLANDS 1983; CGD 86082, 52 FR 33810, Sept. 8, 1987]
FOURTEENTH DISTRICT ATLANTIC COAST

80.1410 Hawaiian Island Exemption from FIRST DISTRICT
General Rule.
80.1420 Mamala Bay, Oahu, HI. 80.105 Calais, ME to Cape Small, ME.
80.1430 Kaneohe Bay, Oahu, HI.
80.1440 Port Allen, Kauai, HI. The 72 COLREGS shall apply on the
80.1450 Nawiliwili Harbor, Kauai, HI. harbors, bays, and inlets on the east
80.1460 Kahului Harbor, Maui, HI. coast of Maine from International
80.1470 Kawaihae Harbor, Hawaii, HI. Bridge at Calais, ME to the south-
80.1480 Hilo Harbor, Hawaii, HI. westernmost extremity of Bald Head at
80.1490 Apra Harbor, U.S. Territory of Cape Small.
Guam.
80.1495 U.S. Pacific Island Possessions. 80.110 Casco Bay, ME.
ALASKA
(a) A line drawn from the south-
westernmost extremity of Bald Head at
SEVENTEENTH DISTRICT Cape Small to the southeasternmost
extremity of Ragged Island; thence to
80.1705 Alaska.
the southern tangent of Jaquish Island
AUTHORITY: 14 U.S.C. 2; 14 U.S.C. 633; 33 thence to Little Mark Island Monu-
U.S.C. 151(a); 49 CFR 1.46. ment Light; thence to the northern-
SOURCE: CGD 77118a, 42 FR 35784, July 11, most extremity of Jewell Island.
1977, unless otherwise noted. Redesignated (b) A line drawn from the tower on
by CGD 81017, 46 FR 28154, May 26, 1981. Jewell Island charted in approximate
position latitude 4340.6 N. longitude
177
80.115 33 CFR Ch. I (7110 Edition)
7005.9 W. to the northeasternmost ex- tion latitude 4225.4 N., longitude

tremity of Outer Green Island. 7054.6 W.
(c) A Line drawn from the south- [CGD 79066, 45 FR 15176, Mar. 10, 1980. Redes-
westernmost extremity of Outer Green ignated by CGD 81017, 46 FR 28154, May 26,
Island to Ram Island Ledge Light; 1981]
thence to Portland Head Light.
80.130 Boston Harbor entrance.
80.115 Portland Head, ME to Cape
Ann, MA. A line drawn from the easternmost
tower at Nahant, charted in approxi-
(a) Except inside lines specifically de- mate position latitude 4225.4 N., lon-
scribed in this section, the 72 gitude 7054.6 W., to Boston Lighted
COLREGS shall apply on the harbors, Horn Buoy B; thence to the
bays, and inlets on the east coast of esternmost radio tower at Hull,
Maine, New Hampshire, and Massachu- charted in approximate position lati-
setts from Portland Head to Halibut tude 4216.7 N., longitude 7052.6 W.
Point at Cape Ann.
(b) A line drawn from the southern- [CGD 79066, 45 FR 15176, Mar. 10, 1980. Redes-
ignated by CGD 81017, 46 FR 28154, May 26,
most tower on Gerrish Island charted
1981]
in approximate position latitude
4304.0 N. longitude 7041.2 W. to 80.135 Hull, MA to Race Point, MA.
Whaleback Light; thence to Jaffrey
(a) Except inside lines described in
Point Light 2A; thence to the north-
this section, the 72 COLREGS apply on
easternmost extremity of Frost Point.
the harbors, bays, and inlets on the
(c) A line drawn from the northern-
east coast of Massachusetts from the
most extremity of Farm Point to
easternmost radio tower at Hull,
Annisquam Harbor Light.
charted in approximate position lati-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- tude 4216.7 N., longitude 7052.6 W., to
designated by CGD 81017, 46 FR 28154, May Race Point on Cape Cod.
26, 1981, and amended by CGD 84091, 51 FR (b) A line drawn from Canal Break-
7786, Mar. 6, 1986] water Light 4 south to the shoreline.
80.120 Cape Ann, MA to Marblehead [CGD 77118a, 42 FR 35784, July 11, 1977, as
Neck, MA. amended by CGD 79066, 45 FR 15176, Mar. 10,
1980. Redesignated by CGD 81017, 46 FR
(a) Except inside lines specifically de-
28154, May 26, 1981, and amended by CGD 84
scribed in this section, the 72 091, 51 FR 7786, Mar. 6, 1986]
COLREGS shall apply on the harbors,
bays and inlets on the east coast of 80.145 Race Point, MA, to Watch Hill,
Massachusetts from Halibut Point at RI.
Cape Ann to Marblehead Neck. (a) Except inside lines specifically de-
(b) A line drawn from Gloucester scribed in this section, the 72
Harbor Breakwater Light to the twin COLREGS shall apply on the sounds,
towers charted in approximate position bays, harbors, and inlets along the
latitude 4235.1 N. longitude 7041.6 W. coast of Cape Cod and the southern
(c) A line drawn from the western- coasts of Massachusetts and Rhode Is-
most extremity of Gales Point to the land from Race Point to Watch Hill.
easternmost extremity of House Island; (b) A line drawn from Nobska Point
thence to Bakers Island Light; thence Light to Tarpaulin Cove Light on the
to Marblehead Light. southeastern side of Naushon Island;
[CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR thence from the southernmost tangent
63169, Dec. 15, 1977. Redesignated by CGD 81 of Naushon Island to the easternmost
017, 46 FR 28154, May 26, 1981] extremity of Nashawena Island; thence
from the southwestern most extremity
80.125 Marblehead Neck, MA to of Nashawena Island to the eastern-
Nahant, MA. most extremity of Cuttyhunk Island;
The 72 COLREGS apply on the har- thence from the southwestern tangent
bors, bays, and inlets on the east coast of Cuttyhunk Island to the tower on
of Massachusetts from Marblehead Gooseberry Neck charted in approxi-

Neck to the easternmost tower at mate position latitude 4129.1 N. lon-
Nahant, charted in approximate posi- gitude 7102.3 W.
178
(c) A line drawn from Sakonnet (b) A line drawn from Moriches Inlet
Breakwater Light 2 tangent to the East Breakwater Light to Moriches
southernmost part of Sachuest Point Inlet West Breakwater Light.
charted in approximate position lati- (c) A line drawn from Fire Island
tude 4128.5 N. longitude 7114.8 W. Inlet Breakwater Light 348 true to the
(d) An east-west line drawn through southernmost extremity of the spit of
Beavertail Light between Brenton land at the western end of Oak Beach.
Point and the Boston Neck shoreline. (d) A line drawn from Jones Inlet
[CGD 77118a, 42 FR 35784, July 11, 1977, as Light 322 true across the southwest
amended by CGD 79036, 44 FR 22458, Apr. 16, tangent of the island on the north side
1979. Redesignated by CGD 81017, 46 FR of Jones Inlet to the shoreline.
28154, May 26, 1981, and amended by CGD 84
[CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
091, 51 FR 7786, Mar. 6, 1986]
63169, Dec. 15, 1977. Redesignated by CGD 81
017, 46 FR 28154, May 26, 1981; CGD 84091, and
80.150 Block Island, RI.
amended by 51 FR 7786, Mar. 6, 1986. Redesig-
The 72 COLREGS shall apply on the nated by CGD 87008b, 52 FR 25218, July 6,
harbors of Block Island. 1987]
80.155 Watch Hill, RI to Montauk 80.165 New York Harbor.

Point, NY. A line drawn from East Rockaway
(a) A line drawn from Watch Hill Inlet Breakwater Light to Sandy Hook
Light to East Point on Fishers Island. Light.
(b) A line drawn from Race Point to
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Race Rock Light; thence to Little Gull
designated by CGD 81017, 46 FR 28154, May
Island Light thence to East Point on 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
Plum Island. 1987]
(c) A line drawn from Plum Island
Harbor East Dolphin Light to Plum Is- 80.170 Sandy Hook, NJ to Toms
land Harbor West Dolphin Light. River, NJ.
(d) A line drawn from Plum Island (a) A line drawn from Shark River
Light to Orient Point Light; thence to Inlet North Breakwater Light 2 to
Orient Point. Shark River Inlet South Breakwater
(e) A line drawn from the lighthouse Light 1.
ruins at the southwestern end of Long (b) A line drawn from Manasquan
Beach Point to Cornelius Point. Inlet North Breakwater Light 4 to
(f) A line drawn from Coecles Harbor Manasquan Inlet South Breakwater
Entrance Light to Sungic Point. Light 3.
(g) A line drawn from Nichols Point (c) A line drawn from Barnegat Inlet
to Cedar Island Light. North Breakwater Light 4A to the sea-
(h) A line drawn from Threemile Har- ward extremity of the submerged Bar-
bor West Breakwater Light to negat Inlet South Breakwater; thence
Threemile Harbor East Breakwater along the submerged breakwater to the
Light. shoreline.
(i) A line drawn from Montauk West
Jetty Light 1 to Montauk East Jetty [CGD 87008b, 52 FR 25218, July 6, 1987]
Light 2.
FIFTH DISTRICT
[CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
63169, Dec. 15, 1977. Redesignated by CGD 81 80.501 Toms River, NJ to Cape May,
017, 46 FR 28154, May 26, 1981, and amended by NJ.
CGD 84091, 51 FR 7786, Mar. 6, 1986. Redesig-
nated by CGD 87008b, 52 FR 25218, July 6, (a) A line drawn from the seaward
1987] tangent of Long Beach Island to the
seaward tangent to Pullen Island
80.160 Montauk Point, NY to Atlantic across Beach Haven and Little Egg In-
Beach, NY. lets.
(a) A line drawn from the Shinnecock (b) A line drawn from the seaward
Inlet East Breakwater Light to tangent of Pullen Island to the seaward

Shinnecock Inlet West Breakwater tangent of Brigantine Island across
Light 1. Brigantine Inlet.
179
80.503 33 CFR Ch. I (7110 Edition)
(c) A line drawn from the seaward ex- end of Hog Island across Great
tremity of Absecon Inlet. Machipongo Inlet.
(d) A line drawn from the southern- (g) A line formed by the range of the
most point of Longport at latitude two cupolas charted on the southern
3918.2 N. longitude 7433.1 W. to the end of Cobb Island drawn across Sand
northeasternmost point of Ocean City Shoal Inlet.
at latitude 3917.6 N. longitude 7433.1 (h) Except as provided elsewhere in
W. across Great Egg Harbor Inlet. this section from Cape Henlopen to
(e) A line drawn parallel with the Cape Charles, lines drawn parallel with
general trend of highwater shoreline the general trend of the highwater
across Corson Inlet. shoreline across the entrances to small
(f) A line formed by the centerline of bays and inlets.
the Townsend Inlet Highway Bridge.
(g) A line formed by the shoreline of [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Seven Mile Beach and Hereford Inlet
26, 1981, and amended by CGD 84091, 51 FR
Light. 7786, Mar. 6, 1986]
(h) A line drawn from Cape May Inlet
East Jetty Light 4 to Cape May Inlet 80.510 Chesapeake Bay Entrance, VA.
West Jetty Light 5.
A line drawn from Cape Charles
[CGD 87008b, 52 FR 25218, July 6, 1987, as Light to Cape Henry Light.
1998; USCG20007223, 65 FR 40055, June 29, 80.515 Cape Henry, VA to Cape Hat-
2000] teras, NC.
80.503 Delaware Bay. (a) A line drawn from Rudee Inlet
Jetty Light 2 to Rudee Inlet Jetty
A line drawn from Cape May Light to
Light 1.
Harbor of Refuge Light; thence to the
northernmost extremity of Cape Hen- (b) A line formed by the centerline of
lopen. the highway bridge across Oregon
Inlet.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May 80.520 Cape Hatteras, NC to Cape
26, 1981, and CGD 87008b, 52 FR 25218, July 6, Lookout, NC.
1987]
(a) A line drawn from Hatteras Inlet
80.505 Cape Henlopen, DE to Cape Lookout Tower at latitude 3511.8 N.
Charles, VA. longitude 7544.9 W. 255 true to the
(a) A line drawn from the seaward ex- eastern end of Ocracoke Island.
tremity of Indian River Inlet North (b) A line drawn from the western-
Jetty to Indian River Inlet South Jetty most extremity of Ocracoke Island at
Light. latitude 3504.0 N. longitude 7600.8 W.
(b) A line drawn from Ocean City to the northeastern extremity of Ports-
Inlet Light 6, 225 true across Ocean mouth Island at latitude 3503.7 N. lon-
City Inlet to the submerged south gitude 7602.3 W.
breakwater. (c) A line drawn across Drum Inlet
(c) A line drawn from Assateague parallel with the general trend of the
Beach Tower Light to the tower highwater shoreline.
charted at latitude 3752.6 N. longitude [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
7526.7 W. designated by CGD 81017, 46 FR 28154, May
(d) A line formed by the range of 26, 1981, and amended by CGD 84091, 51 FR
Wachapreague Inlet Light 3 and 21748, June 16, 1986; CGD 94011, 63 FR 5731,
Parramore Beach Lookout Tower Feb. 4, 1998]
drawn across Wachapreague Inlet.
(e) A line drawn from the lookout 80.525 Cape Lookout, NC to Cape
tower charted on the northern end of Fear, NC.
Hog Island to the seaward tangent of (a) A line drawn from Cape lookout
Parramore Beach.
Light to the seaward tangent of the

(f) A line drawn 207 true from the southeastern end of Shackleford
lookout tower charted on the southern Banks.
180
(b) A line drawn from Morehead City Island to the easternmost extremity of
Channel Range Front Light to the sea- Waties Island across Little River Inlet.
ward extremity of the Beaufort Inlet (b) From Little River Inlet, a line
west jetty. drawn parallel with the general trend
(c) A line drawn from the southern- of the highwater shoreline across Hog
most extremity of Bogue Banks at lati- Inlet; thence a line drawn across the
tude 3438.7 N. longitude 7706.0 W. seaward ends of the Murrels Inlet jet-
across Bogue Inlet to the northernmost ties; thence a line drawn parallel with
extremity of Bear Beach at latitude the general trend of the highwater
3438.5 N. longitude 7707.1 W. shoreline across Midway Inlet, Pawleys
(d) A line drawn from the southeast- Inlet, and North Inlet.
ernmost extremity on the southwest (c) A line drawn from the charted po-
side of New River Inlet at latitude sition of Winyah Bay North Jetty End
3431.5 N. longitude 7720.6 W. to the Buoy 2N south to the Winyah Bay
seaward tangent of the shoreline on the South Jetty.
northeast side on New River Inlet. (d) A line drawn from Santee Point
(e) A line drawn across New Topsail to the seaward tangent of Cedar Island.
Inlet between the closest extremities (e) A line drawn from Cedar Island
of the shore on either side of the inlet Point west to Murphy Island.
from latitude 3420.8 N. longitude (f) A north-south line (longitude
7739.2 W. to latitude 3420.6 N. lon- 7920.3 W.) drawn from Murphy Island
gitude 7739.6 W. to the northernmost extremity of Cape
(f) A line drawn from the seaward ex- Island Point.
tremity of the jetty on the northeast
side of Masonboro Inlet to the seaward [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
extremity of the jetty on the southeast designated by CGD 81017, 46 FR 28154, May
side of the Inlet.
31831, Aug. 6, 1990]
(g) Except as provided elsewhere in
this section from Cape Lookout to 80.707 Cape Romain, SC to Sullivans
Cape Fear, lines drawn parallel with Island, SC.
the general trend of the highwater
shoreline across the entrance of small (a) A line drawn from the western ex-
bays and inlets. tremity of Cape Romain 292 true to
Racoon Key on the west side of Racoon
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- Creek.
designated by CGD 81017, 46 FR 28154, May (b) A line drawn from the western-
most extremity of Sandy Point across
7786, Mar. 6, 1986]
Bull Bay to the northernmost extrem-
80.530 Cape Fear, NC to Little River ity of Northeast Point.
Inlet, NC. (c) A line drawn from the southern-
most extremity of Bull Island to the
(a) A line drawn from the abandoned
easternmost extremity of Capers Is-
lighthouse charted in approximate po-
land.
sition latitude 3352.4 N. longitude
7800.1 W. across the Cape Fear River (d) A line formed by the overhead
Entrance to Oak Island Light. power cable from Capers Island to
Dewees Island.
(b) Except as provided elsewhere in
this section from Cape Fear to Little (e) A line formed by the overhead
River Inlet, lines drawn parallel with power cable from Dewees Island to Isle
the general trend of the highwater of Palms.
shoreline across the entrance to small (f) A line formed by the centerline of
inlets. the highway bridge between Isle of
Palms and Sullivans Island over
SEVENTH DISTRICT Breach Inlet.
80.703 Little River Inlet, SC to Cape 80.710 Charleston Harbor, SC.

Romain, SC.
(a) A line formed by the submerged

(a) A line drawn from the western- north jetty from the shore to the west
most extremity of the sand spit on Bird end of the north jetty.
181
80.712 33 CFR Ch. I (7110 Edition)
(b) A line drawn from across the sea- 80.717 Tybee Island, GA to St. Simons
ward extremity of the Charleston Har- Island, GA.
bor Jetties. (a) A line drawn from the southern-
(c) A line drawn from the west end of most extremity of Savannah Beach on
the South Jetty across the South En- Tybee Island 255 true across Tybee
trance to Charleston Harbor to shore Inlet to the shore of Little Tybee Is-
on a line formed by the submerged land south of the entrance to Buck
south jetty. Hammock Creek.
80.712 Morris Island, SC to Hilton (b) A straight line drawn from the
Head Island, SC. northeasternmost extremity of Wassaw
Island 031 true through Tybee River
(a) A line drawn from the eastern- Daybeacon 1 to the shore of Little
most tip of Folley Island to the aban- Tybee Island.
doned lighthouse tower on the (c) A line drawn approximately par-
northside of Lighthouse Inlet; thence allel with the general trend of the
west to the shoreline of Morris Island. highwater shorelines from the seaward
(b) A straight line drawn from the tangent of Wassau Island to the sea-
seaward tangent of Folly Island ward tangent of Bradley Point on
through Folly River Daybeacon 10 Ossabaw Island.
across Stono River to the shoreline of (d) A north-south line (longitude
Sandy Point. 818.4 W.) drawn from the southern-
(c) A line drawn from the southernmost extremity of Ossabaw Island to
most extremity of Seabrook Island 257 St. Catherines Island.
true across the North Edisto River En- (e) A north-south line (longitude
trance to the shore of Botany Bay Is- 8110.6 W.) drawn from the southern-
land. most extremity of St. Catherines Is-
(d) A line drawn from the microwave land to Northeast Point on Blackbeard
antenna tower on Edisto Beach charted Island.
in approximate position latitude (f) A line following the general trend
3229.3 N. longitude 8019.2 W. across of the seaward highwater shoreline
St. Helena Sound to the abandoned across Cabretta Inlet.
lighthouse tower on Hunting Island. (g) A north-south line (longitude
(e) A line formed by the centerline of 8116.9 W.) drawn from the south-west-
the highway bridge between Hunting ernmost point on Sapelo Island to Wolf
Island and Fripp Island. Island.
(f) A line drawn from the western- (h) A north-south line (longitude
most extremity of Bull Point on Capers 8117.1 W.) drawn from the south-east-
Island to Port Royal Sound Channel ernmost point of Wolf Island to the
Range Rear Light, latitude 3213.7 N. northeasternmost point on Little St.
longitude 8036.0 W.; thence 259 true to Simons Island.
the easternmost extremity of Hilton (i) A line drawn from the north-
Head at latitude 3213.0 N. longitude easternmost extremity of Sea Island
8040.1 W. 045 true to Little St. Simons Island.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- (j) An east-west line from the south-
designated by CGD 81017, 46 FR 28154, May ernmost extremity of Sea Island across
26, 1981, and amended by CGD 84091, 51 FR Goulds Inlet to St. Simons Island.
7786, Mar. 6, 1986]
80.720 St. Simons Island, GA to Amel-
80.715 Savannah River. ia Island, FL.
A line drawn from the southernmost (a) A line drawn from St. Simons
tank on Hilton Head Island charted in Light to the northernmost tank on Je-
approximate position latitude 3206.7 kyll Island charted in approximate po-
N. longitude 8049.3 W. to Bloody Point sition latitude 3105.9 N. longitude
Range Rear Light; thence to Tybee 8124.5 W.
Range Rear Light. (b) A line drawn from the southern-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- most tank on Jekyll Island charted in
designated by CGD 81017, 46 FR 28154, May approximate position latitude 3101.6

26, 1981, as amended by USCG20080179, 73 N. longitude 8125.2 W. to coordinate
FR 35002, June 19, 2008] latitude 3059.4 N. longitude 8123.7 W.
182
(0.5 nautical mile east of the charted (h) A line drawn from Boca Raton
position of St. Andrew Sound Lighted Inlet North Jetty Light 2 to Boca
Buoy 32); thence to the abandoned Raton Inlet South Jetty Light 1.
lighthouse tower on the north end of (i) A line drawn from Hillsboro Inlet
Little Cumberland Island charted in Light to Hillsboro Inlet Entrance Light
approximate position latitude 3058.5 2; thence to Hillsboro Inlet Entrance
N. longitude 8124.8 W. Light 1; thence west to the shoreline.
(c) A line drawn across the seaward (j) A line drawn across the seaward
extremity of the St. Marys River En- extremity of the Port Everglades En-
trance Jetties. trance Jetties.
(k) A line formed by the centerline of
80.723 Amelia Island, FL to Cape Ca-
naveral, FL. the highway bridge over Bakers
Haulover Inlet.
(a) A line drawn from the southern-
most extremity of Amelia Island to the [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
northeasternmost extremity of Little designated by CGD 81017, 46 FR 28154, May
Talbot Island.
7786, Mar. 6, 1986]
(b) A line formed by the centerline of
the highway bridge from Little Talbot 80.730 Miami Harbor, FL.
Island to Fort George Island.
A line drawn across the seaward ex-
(c) A line drawn across the seaward
extremity of the St. Johns River En- tremity of the Miami Harbor Govern-
trance Jetties. ment Cut Jetties.
(d) A line drawn across the seaward 80.735 Miami, FL to Long Key, FL.
extremity of the St. Augustine Inlet
Jetties. (a) A line drawn from the southern-
(e) A line formed by the centerline of most extremity of Fisher Island 212
the highway bridge over Matanzas true to the point latitude 2545.0 N.
Inlet. longitude 8008.6 W. on Virginia Key.
(f) A line drawn across the seaward (b) A line formed by the centerline of
extremity of the Ponce de Leon Inlet the highway bridge between Virginia
Jetties. Key and Key Biscayne.
(c) A line drawn from Cape Florida
80.727 Cape Canaveral, FL to Miami Light to the northernmost extremity
Beach, FL. on Soldier Key.
(a) A line drawn across the seaward (d) A line drawn from the southern-
extremity of the Port Canaveral En- most extremity on Soldier Key to the
trance Channel Jetties. northernmost extremity of the Ragged
(b) A line drawn across the seaward Keys.
extremity of the Sebastian Inlet Jet- (e) A line drawn from the Ragged
ties. Keys to the southernmost extremity of
(c) A line drawn across the seaward Angelfish Key following the general
extremity of the Fort Pierce Inlet Jet- trend of the seaward shoreline.
ties. (f) A line drawn on the centerline of
(d) A north-south line (longitude the Overseas Highway (U.S. 1) and
8009.7 W.) drawn across St. Lucie bridges from latitude 2519.3 N. lon-
Inlet. gitude 8016.0 W. at Little Angelfish
(e) A line drawn from the seaward ex- Creek to the radar dome charted on
tremity of Jupiter Inlet North Jetty to Long Key at approximate position lati-
the northeast extremity of the con- tude 2449.3 N. longitude 8049.2 W.
crete apron on the south side of Jupiter
Inlet. [CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
63169, Dec. 15, 1977. Redesignated by CGD 81
(f) A line drawn across the seaward
017, 46 FR 28154, May 26, 1981, as amended by
extremity of the Lake Worth Inlet Jet- CGD 84091, 51 FR 7786, Mar. 6, 1986; 51 FR
ties.
21748, June 16, 1986; CGD 89068, 55 FR 31831,

(g) A line drawn across the seaward Aug. 6, 1990]
extremity of the Boynton Inlet Jetties.
183
80.738 33 CFR Ch. I (7110 Edition)
PUERTO RICO AND VIRGIN ISLANDS and Marco Island except inside lines
specifically described in this part.
SEVENTH DISTRICT (c) A north-south line drawn at lon-
gitude 8120.2 W. across the entrance to
80.738 Puerto Rico and Virgin Is-
lands. Lopez River.
(d) A line drawn across the entrance
(a) Except inside lines specifically de- to Turner River parallel to the general
scribed in this section, the 72 trend of the shoreline.
COLREGS shall apply on all other (e) A line formed by the centerline of
bays, harbors and lagoons of Puerto Highway 92 Bridge at Goodland.
Rico and the U.S. Virgin Islands.
(b) A line drawn from Puerto San [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Juan Light to position 182830 N, designated by CGD 81017, 46 FR 28154, May
0660824 W, at the northwest extent of 26, 1981, as amended by CGD 84091, 51 FR
7786, Mar. 6, 1986]
Isla de Cabras across the entrance of
San Juan Harbor. 80.748 Cape Romano, FL to Sanibel
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- Island, FL.
designated by CGD 81017, 46 FR 28154, May (a) A line drawn across Big Marco
26, 1981, as amended by USCG20080179, 73
FR 35002, June 19, 2008]
Pass parallel to the general trend of
the seaward, highwater shoreline.
GULF COAST (b) A line drawn from the north-
westernmost extremity of Coconut Is-
SEVENTH DISTRICT land 000T across Capri Pass.
(c) Lines drawn across Hurricane and
80.740 Long Key, FL to Cape Sable, Little Marco Passes parallel to the
FL.
general trend of the seaward,
A line drawn from the microwave highwater shoreline.
tower charted on Long Key at approxi- (d) A line from the seaward extrem-
mate position latitude 2448.8 N. lon- ity of Gordon Pass South Jetty 014
gitude 8049.6 W. to Long Key Light 1; true to the shoreline at approximate
thence to Arsenic Bank Light 2; thence coordinate latitude 2605.7 N. longitude
to Sprigger Bank Light 5; thence to 8148.1 W.
Schooner Bank Light 6; thence to (e) A line drawn across the seaward
Oxfoot Bank Light 10; thence to East extremity of Doctors Pass Jetties.
Cape Light 2; thence through East Cape (f) Lines drawn across Wiggins, Big
Daybeacon 1A to the shoreline at East Hickory, New, and Big Carlos Passes
Cape. parallel to the general trend of the sea-
[CGD 84091, 51 FR 21748, June 16, 1986] ward highwater shoreland.
(g) A straight line drawn from
80.745 Cape Sable, FL to Cape Ro- Sanibel Island Light through Matanzas
mano, FL. Pass Channel Light 2 to the shore of
(a) A line drawn following the gen- Estero Island.
eral trend of the mainland, highwater [CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
shoreline from Cape Sable at East Cape 63169, Dec. 15, 1977, as amended by CGD 78
to Little Shark River Light 1; thence 052, 44 FR 69298, Dec. 3, 1979. Redesignated by
to westernmost extremity of Shark CGD 81017, 46 FR 28154, May 26, 1981, as
Point; thence following the general amended by CGD 84091, 51 FR 7786, Mar. 6,
trend of the mainland, highwater 1986]
shoreline crossing the entrances of
Harney River, Broad Creek, Broad 80.750 Sanibel Island, FL to St. Pe-
River, Rodgers River First Bay, Chat- tersburg, FL.
ham River, Huston River, to the shore- (a) A line formed by the centerline of
line at coordinate latitude 2541.8 N. the highway bridge over Blind Pass, be-
longitude 8117.9 W. tween Captiva Island and Sanibel Is-
(b) The 72 COLREGS shall apply to land, and lines drawn across Redfish
the waters surrounding the Ten Thou- and Captiva Passes parallel to the gen-
sand Islands and the bays, creeks, in- eral trend of the seaward, highwater
lets, and rivers between Chatham Bend shorelines.
184
(b) A line drawn from La Costa Test N. 8250.6 W; thence a straight line
Pile North Light to Port Boca Grande through Anclote River Cut B Range
Light. Rear Light to the shoreline.
(c) Lines drawn across Gasparilla and
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Stump Passes parallel to the general designated by CGD 81017, 46 FR 28154, May
trend of the seaward, highwater shore- 26, 1981, as amended by CGD 84091, 51 FR
lines. 21748, June 16, 1986; CGD 93071, 58 FR 65668,
(d) A line across the seaward extrem- Dec. 16, 1993]
ity of Venice Inlet Jetties.
(e) A line drawn across Midnight Pass 80.755 Anclote, FL to the Suncoast
parallel to the general trend of the sea- Keys, FL.
ward, highwater shoreline. (a) Except inside lines specifically de-
(f) A line drawn from Big Sarasota scribed in this section, the 72
Pass Light 14 to the southernmost ex- COLREGS shall apply on the bays, bay-
tremity of Lido Key. ous, creeks, marinas, and rivers from
(g) A line drawn across New Pass tan- Anclote to the Suncoast Keys.
gent to the seaward, highwater shore- (b) A north-south line drawn at lon-
line of Longboat Key. gitude 8238.3 W. across the
(h) A line drawn across Longboat Chassahowitzka River Entrance.
Pass parallel to the seaward, highwater
shoreline. 80.757 Suncoast Keys, FL to Horse-
(i) A line drawn from the north- shoe Point, FL.
westernmost extremity of Bean Point (a) Except inside lines specifically
to the southeasternmost extremity of decribed in this section, the 72
Egmont Key. COLREGS shall apply on the bays, bay-
(j) A straight line drawn from ous, creeks, and marinas from the
Egmont Key Light through Egmont Suncoast Keys to Horseshoe Point.
Channel Range Rear Light to the (b) A line formed by the centerline of
shoreline on Mullet Key. Highway 44 Bridge over the Salt River.
(k) A line drawn from the northern- (c) A north-south line drawn through
most extremity of Mullet Key across Crystal River Entrance Daybeacon 25
Bunces Pass and South Channel to across the river entrance.
Pass-a-Grille Channel Light 8; thence
(d) A north-south line drawn through
to Pass-a-Grille Channel Daybeacon 9;
the Cross Florida Barge Canal
thence to the southwesternmost ex-
Daybeacon 48 across the canal.
tremity of Long Key.
(e) A north-south line drawn through
[CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR Withlacoochee River Daybeacon 40
63169, Dec. 15, 1977. Redesignated by CGD 81 across the river.
017, 46 FR 28154, May 26, 1981, as amended by (f) A line drawn from the western-
CGD 84091, 51 FR 7787, Mar. 6, 1986; CGD 93
071, 58 FR 65668, Dec. 16, 1993]
most extremity of South Point north
to the shoreline across the Waccasassa
80.753 St. Petersburg, FL to the River Entrance.
Anclote, FL. (g) A line drawn from position lati-
(a) A line drawn across Blind Pass, tude 2916.6 N. longitude 8306.7 W. 300
between Treasure Island and Long Key, true to the shoreline of Hog Island.
parallel with the general trend of the (h) A north-south line drawn through
seaward, highwater shorline. Suwannee River Wadley Pass Channel
(b) Lines formed by the centerline of Daybeacons 30 and 31 across the Su-
the highway bridges over Johns and wannee River.
Clearwater Passes. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
(c) A line drawn across Dunedin and designated by CGD 81017, 46 FR 28154, May
Hurricane Passes parallel with the gen- 26, 1981, as amended by CGD 84091, 51 FR
eral trend of the seaward, highwater 7787, Mar. 6, 1986]
shoreline.
(d) A line drawn from the northern- 80.760 Horeshoe Point, FL to Rock Is-
land, FL.
most extremity of Honeymoon Island

to Anclote Anchorage South Entrance (a) Except inside lines specifically de-
Light 7; thence to Anclote Key 2810.0 scribed provided in this section, the 72
185
80.805 33 CFR Ch. I (7110 Edition)
COLREGS shall apply on the bays, bay- St. Joseph Bay Entrance Range B
ous, creeks, marinas, and rivers from Front Light to St. Joseph Point.
Horseshoe Point to the Rock Islands. (b) A line drawn across the mouth of
(b) A north-south line drawn through Salt Creek as an extension of the gen-
Steinhatchee River Light 21. eral trend of the shoreline to continue
(c) A line drawn from Fenholloway across the inlet to St. Andrews sound
River Approach Light FR east across in the middle of Crooked Island.
the entrance to Fenholloway River. (c) A line drawn from the northern-
most extremity of Crooked Island 000
EIGHTH DISTRICT T. to the mainland.
(d) A line drawn from the eastern-
80.805 Rock Island, FL to Cape San most extremity of Shell Island 120
Blas, FL. true to the shoreline across the east
(a) A south-north line drawn from entrance to St. Andrews Bay.
the Econfina River Light to the oppo- (e) A line drawn between the seaward
site shore. end of the St. Andrews Bay Entrance
(b) A line drawn from Gamble Point Jetties.
Light to the southernmost extremity (f) A line drawn between the seaward
of Cabell Point. end of the Choctawatchee Bay En-
(c) A line drawn from St. Marks trance Jetties.
Range Rear Light to St. Marks Chan- (g) An east-west line drawn from
nel Light 11; thence to the southern- Fort McRee Leading Light across the
most extremity of Live Oak Point; Pensacola Bay Entrance along latitude
thence in a straight line through Shell 3019.5 N.
Point Light to the southernmost ex- (h) A line drawn between the seaward
tremity of Ochlockonee Point; thence end of the Perdido Pass Jetties.
to Bald Point along longitude 8420.5 [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
W. designated by CGD 81017, 46 FR 28154, May
(d) A line drawn from the south shore 26, 1981, as amended by CGD 84091, 51 FR
of Southwest Cape at longitude 8422.7 7787, Mar. 6, 1986]
W. to Dog Island Reef East Light 1;
thence to Turkey Point Light 2; thence 80.815 Mobile Bay, AL to the
to the easternmost extremity of Dog Chandeleur Islands, LA.
Island. (a) A line drawn across the inlets to
(e) A line drawn from the western- Little Lagoon as an extension of the
most extremity of Dog Island to the general trend of the shoreline.
easternmost extremity of St. George (b) A line drawn from Mobile Point
Island. Light to Dauphin Island Channel Light
(f) A line drawn across the seaward No. 1 to the eastern corner of Fort
extremity of the St. George Island Gaines at Pelican Point.
Channel Jetties. (c) A line drawn from the western-
(g) A line drawn from the north- most extremity of Dauphin Island to
westernmost extremity of Sand Island the easternmost extremity of Petit
to West Pass Light 7. Bois Island.
(h) A line drawn from the western- (d) A line drawn from Horn Island
most extremity of St. Vincent Island Pass Entrance Range Front Light on
to the southeast, highwater shoreline Petit Bois Island to the easternmost
of Indian Peninsula at Longitude extremity of Horn Island.
8513.5 W. (e) An east-west line (latitude 3014.7
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
N.) drawn between the westernmost ex-
designated by CGD 81017, 46 FR 28154, May tremity of Horn Island to the eastern-
26, 1981, as amended by CGD 84091, 51 FR most extremity of Ship Island.
7787, Mar. 6, 1986; USCG20080179, 73 FR (f) A curved line drawn following the
35002, June 19, 2008] general trend of the seaward,
highwater shoreline of Ship Island.
80.810 Cape San Blas, FL to Perdido (g) A line drawn from the Ship Island
Bay, FL.
Light to Chandeleur Light; thence in a

(a) A line drawn from St. Joseph Bay curved line following the general trend
Entrance Range A Rear Light through of the seaward, highwater shorelines of
186
the Chandeleur Islands to the island at coordinate latitude 2854.5 N. longitude

latitude 2944.1 N., longitude 8853.0 8926.1 W.
W.; thence to latitude 2926.5 N., lon- [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
gitude 8855.6 W. designated by CGD 81017, 46 FR 28154, May
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- 26, 1981, as amended by CGD 84091, 51 FR
designated by CGD 81017, 46 FR 28154, May 7787, Mar. 6, 1986; CGD 89068, 55 FR 31831,
26, 1981, as amended by CGD 84091, 51 FR Aug. 6, 1990]
7787, Mar. 6, 1986; CGD 89068, 55 FR 31831,
Aug. 6, 1990; 55 FR 33577, Aug. 14, 1990]
80.830 Mississippi Passes, LA to
Point Au Fer, LA.
80.825 Mississippi Passes, LA. (a) A line drawn from the seaward ex-
tremity of the Southwest Pass West
(a) A line drawn from latitude 2926.5
Jetty located at coordinate latitude
N., longitude 8855.6 W. to latitude
2854.5 N. longitude 8926.1 W.; thence
2910.6 N., longitude 8859.8 W.; thence
following the general trend of the sea-
to latitude 2903.5 N., longitude 8903.7
ward, highwater jetty and shoreline in
W.; thence to latitude 2858.8 N., lon-
a north, northeasterly direction to Old
gitude 8904.3 W.
Tower latitude 2858.8 N. longitude
(b) A line drawn from latitude 2858.8 8923.3 W.; thence to West Bay light;
N., longitude 8904.3 W.; to latitude thence to coordinate latitude 2905.2 N.
2857.3 N., longitude 8905.3 W.; thence longitude 8924.3 W.; thence a curved
to latitude 2856.95 N., longitude 8905.6 line following the general trend of the
W.; thence to latitude 2900.4 N., lon- highwater shoreline to Point Au Fer Is-
gitude 8909.8 W.; thence following the land except as otherwise described in
general trend of the seaward highwater this section.
shoreline in a northwesterly direction (b) A line drawn across the seaward
to latitude 2903.4 N., longitude 8913.0 extremity of the Empire Waterway
W.; thence west to latitude 2903.5 N., (Bayou Fontanelle) entrance jetties.
longitude 8915.5 W.; thence following (c) An east-west line drawn from the
the general trend of the seaward westernmost extremity of Grand Terre
highwater shoreline in a southwesterly Islands in the direction of 194 true to
direction to latitude 2857.7 N., lon- the Grand Isle Fishing Jetty Light.
gitude 8922.3 W. (d) A line drawn between the seaward
(c) A line drawn from latitude 2857.7 extremity of the Belle Pass Jetties.
N., longitude 8922.3 W.; to latitude (e) A line drawn from the western-
2851.4 N., longitude 8924.5 W.; thence most extremity of the Timbalier Island
to latitude 2852.65 N., longitude to the easternmost extremity of Isles
8927.1 W.; thence to the seaward ex- Dernieres.
tremity of the Southwest Pass West (f) A south-north line drawn from
Jetty located at latitude 2854.5 N., Caillou Bay Light 13 across Caillou
longitude 8926.1 W. Boca.
(d) A line drawn from Mississippi (g) A line drawn 107 true from
River South Pass East Jetty Light 4 to Caillou Bay Boat Landing Light across
Mississippi River South Pass West the entrances to Grand Bayou du Large
Jetty Light; thence following the gen- and Bayou Grand Caillou.
eral trend of the seaward highwater (h) A line drawn on an axis of 103
shoreline in a northwesterly direction true through Taylors Bayou Entrance
to coordinate latitude 2903.4 N. lon- Light 2 across the entrances to Jack
gitude 8913.0 W.; thence west to co- Stout Bayou, Taylors Bayou, Pelican
ordinate latitude 2903.5 N., longitude Pass, and Bayou de West.
8915.5 W., thence following the general [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
trend of the seaward, highwater shore- designated by CGD 81017, 46 FR 28154, May
line in a southwesterly direction to 26, 1981, as amended by CGD 84091, 51 FR
Mississippi River Southwest Pass En- 7787, Mar. 6, 1986]
trance Light.
(e) A line drawn from Mississippi 80.835 Point Au Fer, LA to Calcasieu
Pass, LA.
River Southwest Pass Entrance Light;

thence to the seaward extremity of the (a) A line drawn from Point Au Fer
Southwest Pass West Jetty located at to Atchafalaya Channel Light 34, to
187
80.840 33 CFR Ch. I (7110 Edition)
Point Au Fer Reef Light 33; thence to Freeport Entrance Light 6; thence
Atchafalaya Bay Pipeline Light D lati- Freeport Entrance Light 7; thence the
tude 2925.0 N. longitude 9131.7 W.; seaward extremity of Freeport South
thence to Atchafalaya Bay Light 1 lati- Jetty.
tude 2925.3 N. longitude 9135.8 W.;
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
thence to South Point. designated by CGD 81017, 46 FR 28154, May
(b) Lines following the general trend 26, 1981, as amended by CGD 84091, 51 FR
of the highwater shoreline drawn 7787, Mar. 6, 1986]
across the bayou and canal inlets from
the Gulf of Mexico between South 80.850 Brazos River, TX to the Rio
Point and Calcasieu Pass except as oth- Grande, TX.
erwise described in this section. (a) Except as otherwise described in
(c) A line drawn on an axis of 140 this section lines drawn continuing the
true through Southwest Pass general trend of the seaward,
Vermillion Bay Light 4 across South- highwater shorelines across the inlets
west Pass. to Brazos River Diversion Channel, San
(d) A line drawn across the seaward Bernard River, Cedar Lakes, Brown
extremity of the Freshwater Bayou Cedar Cut, Colorado River, Matagorda
Canal Entrance Jetties. Bay, Cedar Bayou, Corpus Christi Bay,
(e) A line drawn from Mermentau and Laguna Madre.
Channel East Jetty Light 6 to (b) A line drawn across the seaward
Mermentau Channel West Jetty Light extremity of Matagorda Ship Channel
7. North Jetties.
(f) A line drawn from the radio tower (c) A line drawn from the seaward
charted in approximate position lati- tangent of Matagorda Peninsula at
tude 2945.7 N. longitude 9306.3 W. 115 Decros Point to Matagorda Light.
true across Mermentau Pass.
(d) A line drawn across the seaward
(g) A line drawn across the seaward
extremity of the Aransas Pass Jetties.
extremity of the Calcasieu Pass Jet-
(e) A line drawn across the seaward
ties.
extremity of the Port Mansfield En-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- trance Jetties.
designated by CGD 81017, 46 FR 28154, May (f) A line drawn across the seaward
26, 1981, as amended by CGD 84091, 51 FR extremity of the Brazos Santiago Pass
7787, Mar. 6, 1986]
Jetties.
80.840 Sabine Pass, TX to Galveston, [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
TX. designated by CGD 81017, 46 FR 28154, May
(a) A line drawn from the Sabine 26, 1981, as amended by CGD 84091, 51 FR
Pass East Jetty Light to the seaward 7787, Mar. 6, 1986]
end of the Sabine Pass West Jetty.
PACIFIC COAST
(b) Lines drawn across the small boat
passes through the Sabine Pass East ELEVENTH DISTRICT
and West Jetties.
(c) A line formed by the centerline of 80.1102 Santa Catalina Island, CA.
the highway bridge over Rollover Pass
The 72 COLREGS shall apply to the
at Gilchrist.
harbors on Santa Catalina Island.
80.845 Galveston, TX to Freeport, TX. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
(a) A line drawn from Galveston designated by CGD 81017, 46 FR 28154, May
North Jetty Light 6A to Galveston 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987]
South Jetty Light 5A.
(b) A line formed by the centerline of 80.1104 San Diego Harbor, CA.
the highway bridge over San Luis Pass.
(c) Lines formed by the centerlines of A line drawn from Zuniga Jetty
the highway bridges over the inlets to Light V to Zuniga Jetty Light Z;
Christmas Bay (Cedar Cut) and Drum thence to Point Loma Light.
Bay. [CGD 84091, 51 FR 7787, Mar. 6, 1986. Redesig-

(d) A line drawn from the seaward ex- nated by CGD 87008b, 52 FR 25218, July 6,
tremity of the Freeport North Jetty to 1987]
188
80.1106 Mission Bay, CA. 80.1116 Redondo Harbor, CA.

A line drawn from Mission Bay South A line drawn from Redondo Beach
Jetty Light 2 to Mission Bay North East Jetty Light 2 to Redondo Beach
Jetty Light 1. West Jetty Light 3.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May designated by CGD 81017, 46 FR 28154, May
26, 1981, and CGD 87008b, 52 FR 25218, July 6, 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] 1987]
80.1108 Oceanside Harbor, CA. 80.1118 Marina Del Rey, CA.

A line drawn from Oceanside South (a) A line drawn from Marina Del Rey
Jetty Light 4 to Oceanside Breakwater Breakwater South Light 1 to Marina
Light 3. Del Rey Light 4.
(b) A line drawn from Marina Del Rey
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Breakwater North Light 2 to Marina
26, 1981, and CGD 87008b, 52 FR 25218, July 6, Del Rey Light 3.
1987] (c) A line drawn from Marina Del Rey
Light 4 to the seaward extremity of the
80.1110 Dana Point Harbor, CA. Ballona Creek South Jetty.
A line drawn from Dana Point Jetty [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Light 6 to Dana Point Breakwater designated by CGD 81017, 46 FR 28154, May
Light 5. 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987]
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May 80.1120 Port Hueneme, CA.
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] (a) A line drawn from Port Hueneme
East Jetty Light 4 to Port Hueneme
80.1112 Newport Bay, CA. West Jetty Light 3.
A line drawn from Newport Bay East [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Jetty Light 4 to Newport Bay West designated by CGD 81017, 46 FR 28154, May
Jetty Light 3. 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987]
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May 80.1122 Channel Islands Harbor, CA.
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] (a) A line drawn from Channel Is-
lands Harbor South Jetty Light 2 to
80.1114 San Pedro BayAnaheim Channel Islands Harbor Breakwater
Bay, CA. South Light 1.
(a) A line drawn across the seaward (b) A line drawn from Channel Is-
extremities of the Anaheim Bay En- lands Harbor Breakwater North Light
trance Jetties; thence to Long Beach to Channel Islands Harbor North Jetty
Breakwater East End Light 1. Light 5.
(b) A line drawn from Long Beach [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Channel Entrance Light 2 to Long designated by CGD 81017, 46 FR 28154, May
Beach Light. 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987]
(c) A line drawn from Los Angeles
Main Entrance Channel Light 2 to Los 80.1124 Ventura Marina, CA.
Angeles Light.
A line drawn from Ventura Marina
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- South Jetty Light 6 to Ventura Marina
designated by CGD 81017, 46 FR 28154, May Breakwater South Light 3; thence to
26, 1981, as amended by CGD 84091, 51 FR
Ventura Marina North Jetty Light 7.
7787, Mar. 6, 1986. Further redesignated by
CGD 87008b, 52 FR 25218, July 6, 1987] [CGD 84091, 51 FR 7787, Mar. 6, 1986. Redesig-
nated by CGD 87008b, 52 FR 25218, July 6,
1987]
189
80.1126 33 CFR Ch. I (7110 Edition)
80.1126 Santa Barbara Harbor, CA. Breakwater Light; thence to Santa

Cruz Light.
A line drawn from Santa Barbara
Harbor Light 4 to Santa Barbara Har- [CGD 84091, 51 FR 21748, June 16, 1986. Redes-
bor Breakwater Light. ignated by CGD 87008b, 52 FR 25218, July 6,
1987]
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May 80.1140 Pillar Point Harbor, CA.
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] A line drawn from Pillar Point Har-
bor Light 6 to Pillar Point Harbor En-
80.1130 San Luis Obispo Bay, CA. trance Light.
A line drawn from the southernmost [CGD 84091, 51 FR 7788, Mar. 6, 1986. Redesig-
extremity of Fossil Point to the sea- nated by CGD 87008b, 52 FR 25218, July 6,
ward extremity of Whaler Island 1987]
Breakwater.
80.1142 San Francisco Harbor, CA.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May A straight line drawn from Point
26, 1981, and CGD 87008b, 52 FR 25218, July 6, Bonita Light through Mile Rocks Light
1987] to the shore.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
80.1132 Estero-Morro Bay, CA.
A line drawn from the seaward ex- 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
tremity of the Morro Bay East Break- 1987]
water to the Morro Bay West Break-
water Light. 80.1144 Bodega and Tomales Bay, CA.
(a) An east-west line drawn from
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May Sand Point to Avalis Beach.
26, 1981, and CGD 87008b, 52 FR 25218, July 6, (b) A line drawn from the seaward ex-
1987] tremity of Bodega Harbor North Break-
water to Bodega Harbor Entrance
80.1134 Monterey Harbor, CA. Light 1.
A line drawn from Monterey Harbor [CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
Light 6 to the northern extremity of 63169, Dec. 15, 1977. Redesignated by CGD 81
Monterey Municipal Wharf 2. 017, 46 FR 28154, May 26, 1981, and CGD 87
008b, 52 FR 25218, July 6, 1987]
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May 80.1146 Albion River, CA.
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] A line drawn on an axis of 030 true
through Albion River Light 1 across
80.1136 Moss Landing Harbor, CA. Albion Cove.
A line drawn from the seaward ex- [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
tremity of the pier located 0.3 mile designated by CGD 81017, 46 FR 28154, May
south of Moss Landing Harbor En- 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
trance to the seaward extremity of the 1987]
Moss Landing Harbor North Break-
water. 80.1148 Noyo River, CA.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- A line drawn from Noyo River En-
designated by CGD 81017, 46 FR 28154, May trance Daybeacon 4 to Noyo River En-
26, 1981, and CGD 87008b, 52 FR 25218, July 6, trance Light 5.
1987]
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
80.1138 Santa Cruz Harbor, CA.
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
A line drawn from the seaward ex-
1987]
tremity of the Santa Cruz Harbor East
Breakwater to Santa Cruz Harbor West
190
80.1150 Arcata-Humboldt Bay, CA. 80.1335 Alsea Bay, OR.

A line drawn from Humboldt Bay En- A line drawn from the seaward shore-
trance Light 4 to Humboldt Bay En- line on the north of the Alsea Bay En-
trance Light 3. trance 165 true across the channel en-
trance.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May 80.1340 Yaquina Bay, OR.
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] A line drawn across the seaward ex-
tremities of the Yaquina Bay Entrance
80.1152 Crescent City Harbor, CA. Jetties.
A line drawn from Crescent City En- [CGD 84091, 51 FR 7788, Mar. 6, 1986]
trance Light to the southeasternmost
extremity of Whaler Island. 80.1345 Depoe Bay, OR.
[CGD 84091, 51 FR 7788, Mar. 6, 1986. Redesig- A line drawn across the Depoe Bay
nated by CGD 87008b, 52 FR 25218, July 6, Channel entrance parallel with the
1987] general trend of the highwater shore-
line.
THIRTEENTH DISTRICT
80.1350 Netarts Bay, OR.
80.1305 Chetco River, OR.
A line drawn from the northernmost
A line drawn across the seaward ex- extremity of the shore on the south
tremities of the Chetco River Entrance side of Netarts Bay north to the oppo-
Jetties. site shoreline.
[CGD 84091, 51 FR 7788, Mar. 6, 1986] 80.1355 Tillamook Bay, OR.
80.1310 Rogue River, OR. A line drawn across the seaward ex-
tremities of the Tillamook Bay En-
A line drawn across the seaward ex-
trance Jetties.
tremities of the Rogue River Entrance
Jetties. [CGD 84091, 51 FR 7788, Mar. 6, 1986]
[CGD 84091, 51 FR 7788, Mar. 6, 1986] 80.1360 Nehalem River, OR.
80.1315 Coquille River, OR. A line drawn approximately parallel
with the general trend of the highwater
A line drawn across the seaward ex- shoreline across the Nehalem River En-
tremities of the Coquille River En- trance.
trance Jetties.
[CGD 84091, 51 FR 7788, Mar. 6, 1986] 80.1365 Columbia River Entrance,
OR/WA.
80.1320 Coos Bay, OR. A line drawn from the seaward ex-
A line drawn across the seaward extremity of the Columbia River North
tremities of the Coos Bay Entrance Jetty (above water) 155 true to the
Jetties. seaward extremity of the Columbia
River South Jetty (above water).
[CGD 84091, 51 FR 7788, Mar. 6, 1986]
80.1370 Willapa Bay, WA.
80.1325 Umpqua River, OR.
A line drawn from Willapa Bay Light
A line drawn across the seaward ex- 169.8 true to the westernmost tripod
tremities of the Umpqua River En- charted 1.6 miles south of Leadbetter
trance Jetties. Point.
[CGD 84091, 51 FR 7788, Mar. 6, 1986] [CGD 89068, 55 FR 31831, Aug. 6, 1990]
80.1330 Siuslaw River, OR. 80.1375 Grays Harbor, WA.

A line drawn across the seaward ex- A line drawn across the seaward ex-
tremities of the Siuslaw River En- tremities (above water) of the Grays
trance Jetties. Harbor Entrance Jetties.

[CGD 84091, 51 FR 7788, Mar. 6, 1986] [CGD 84091, 51 FR 7788, Mar. 6, 1986]
191
80.1380 33 CFR Ch. I (7110 Edition)
80.1380 Quillayute River, WA. 80.1430 Kaneohe Bay, Oahu, HI.

A line drawn from the seaward ex- A straight line drawn from Pyramid
tremity of the Quillayute River En- Rock Light across Kaneohe Bay
trance East Jetty to the overhead through the center of Mokolii Island to
power cable tower charted on James Is- the shoreline.
land; thence a straight line through
Quillayute River Entrance Light 3 to 80.1440 Port Allen, Kauai, HI.
the shoreline. A line drawn from Hanapepe Light to
Hanapepe Bay Breakwater Light.
80.1385 Strait of Juan de Fuca.
[CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
The 72 COLREGS shall apply on all 63169, Dec. 15, 1977. Redesignated by CGD 81
waters of the Strait of Juan de Fuca. 017, 46 FR 28154, May 26, 1981]
[CGD 81087, 46 FR 61457, Dec. 17, 1981; 47 FR
80.1450 Nawiliwili Harbor, Kauai, HI.
3351, Jan. 25, 1982, and 49 FR 3177, Jan. 26,
1984] A line drawn from Nawiliwili Harbor
Breakwater Light to Kukii Point
80.1390 Haro Strait and Strait of Light.
Georgia.
The 72 COLREGS shall apply on all 80.1460 Kahului Harbor, Maui, HI.
waters of the Haro Strait and the A line drawn from Kahului Harbor
Strait of Georgia. Entrance East Breakwater Light to
Kahului Harbor Entrance West Break-
[CGD 81087, 46 FR 61457, Dec. 17, 1981; 47 FR
3351, Jan. 25, 1982, and 49 FR 3177, Jan. 26,
water Light.
1984] [CGD 89068, 55 FR 31832, Aug. 6, 1990]
80.1395 Puget Sound and adjacent 80.1470 Kawaihae Harbor, Hawaii,

waters. HI.
The 72 COLREGS shall apply on all A line drawn from Kawaihae Light to
waters of Puget Sound and adjacent the seaward extremity of the Kawaihae
waters, including Lake Union, Lake South Breakwater.
Washington, Hood Canal, and all tribu-
taries. 80.1480 Hilo Harbor, Hawaii, HI.
[CGD 81087, 46 FR 61457, Dec. 17, 1981; 47 FR A line drawn from the seaward ex-
3351, Jan. 25, 1982, and 49 FR 3177, Jan. 26, tremity of the Hilo Breakwater 265
1984] true (as an extension of the seaward
side of the breakwater) to the shoreline
PACIFIC ISLANDS 0.2 nautical mile north of Alealea
Point.
FOURTEENTH DISTRICT
80.1490 Apra Harbor, U.S. Territory
80.1410 Hawaiian Island Exemption of Guam.
from General Rule.
A line drawn from the westernmost
Except as provided elsewhere in this extremity of Orote Island to the west-
part for Mamala Bay and Kaneohe Bay ernmost extremity of Glass Break-
on Oahu; Port Allen and Nawiliwili water.
Bay on Kauai; Kahului Harbor on Maui;
and Kawailae and Hilo Harbors on Ha- 80.1495 U.S. Pacific Island Posses-
waii, the 72 COLREGS shall apply on sions.
all other bays, harbors, and lagoons of The 72 COLREGS shall apply on the
the Hawaiian Island (including Mid- bays, harbors, lagoons, and waters sur-
way). rounding the U.S. Pacific Island Pos-
sessions of American Samoa, Baker,
80.1420 Mamala Bay, Oahu, HI. Howland, Jarvis, Johnson, Palmyra,
A line drawn from Barbers Point Swains and Wake Islands.

Light to Diamond Head Light. [CGD 94011, 63 FR 5731, Feb. 4, 1998]
192
ALASKA 81.3 General.

SEVENTEENTH DISTRICT Vessels of special construction or
purpose which cannot fully comply
80.1705 Alaska. with the light, shape, and sound signal
provisions of 72 COLREGS without
The 72 COLREGS shall apply on all
interfering with their special function
the sounds, bays, harbors, and inlets of
may instead meet alternative require-
Alaska.
ments. The Chief of the Marine Safety
[CGD 79036, 44 FR 22458, Apr. 16, 1979. Redes- Division in each Coast Guard District
ignated by CGD 81017, 46 FR 28154, May 26, Office makes this determination and
1981] requires that alternative compliance
be as close as possible with the 72
PART 8172 COLREGS: COLREGS. These regulations set out
IMPLEMENTING RULES the procedure by which a vessel may be
certified for alternative compliance.
Sec. The information collection and record-
81.1 Definitions. keeping requirements in 81.5 and
81.3 General. 81.18 have been approved by the Office
of Management and Budget under OMB
ALTERNATIVE COMPLIANCE
control No. 16250019.
81.5 Application for a Certificate of Alter-
native Compliance. [CGD 77136, 47 FR 13799, Apr. 1, 1982, as
81.9 Certificate of Alternative Compliance: amended by USCG200625150, 71 FR 39208,
Contents. July 12, 2006]
81.17 Certificate of Alternative Compliance:
Termination. ALTERNATIVE COMPLIANCE
81.18 Notice and record of certification of
vessels of special construction or pur- 81.5 Application for a Certificate of
pose. Alternative Compliance.
(a) The owner, builder, operator, or
EXEMPTIONS
agent of a vessel of special construc-
81.20 Lights and sound signal appliances. tion or purpose who believes the vessel
AUTHORITY: 33 U.S.C. 1607; E.O. 11964; 49 cannot fully comply with the 72
CFR 1.46. COLREGS light, shape, or sound signal
provisions without interference with
SOURCE: CGD 76130, 42 FR 17111, Mar. 31,
1977, unless otherwise noted. Redesignated its special function may apply for a de-
by CGD 81017, 46 FR 28154, May 26, 1981. termination that alternative compli-
ance is justified. The application must
81.1 Definitions. be in writing, submitted to the Chief of
As used in this part: the Marine Safety Division of the
72 COLREGS refers to the Inter- Coast Guard District in which the ves-
national Regulations for Preventing sel is being built or operated, and in-
Collisions at Sea, 1972, done at London, clude the following information:
October 20, 1972, as rectified by the (1) The name, address, and telephone
Proces-Verbal of December 1, 1973, as number of the applicant.
amended. (2) The identification of the vessel by
A vessel of special construction or pur- its:
pose means a vessel designed or modi- (i) Official number;
(ii) Shipyard hull number;
fied to perform a special function and
(iii) Hull identification number; or
whose arrangement is thereby made
(iv) State number, if the vessel does
relatively inflexible.
not have an official number or hull
Interference with the special function of
identification number.
the vessel occurs when installation or
(3) Vessel name and home port, if
use of lights, shapes, or sound-sig-
known.
naling appliances under 72 COLREGS
(4) A description of the vessels area
prevents or significantly hinders the
of operation.
operation in which the vessel is usually
(5) A description of the provision for

engaged. which the Certificate of Alternative
[CGD 77136, 47 FR 13799, Apr. 1, 1982] Compliance is sought, including:
193
(i) The 72 COLREGS Rule or Annex nal requirements without interference

section number for which the Certifi- with its special function;
cate of Alternative Compliance is (d) A statement of why full compli-
sought; ance would interfere with the special
(ii) A description of the special func- function of the vessel;
tion of the vessel that would be inter- (e) The required alternative installa-
fered with by full compliance with the tion;
provision of that Rule or Annex sec- (f) A statement that the required al-
tion; and
ternative installation is in the closest
(iii) A statement of how full compli-
possible compliance with the 72
ance would interfere with the special
COLREGS without interfering with the
function of the vessel.
special function of the vessel;
(6) A description of the alternative
installation that is in closest possible (g) The date of issuance;
compliance with the applicable 72 (h) A statement that the Certificate
COLREGS Rule or Annex section. of Alternative Compliance terminates
(7) A copy of the vessels plans or an when the vessel ceases to be usually
accurate scale drawing that clearly engaged in the operation for which the
shows: certificate is issued.
(i) The required installation of the [CGD 77136, 47 FR 13800, Apr. 1, 1982]
equipment under the 72 COLREGS,
(ii) The proposed installation of the 81.17 Certificate of Alternative Com-
equipment for which certification is pliance: Termination.
being sought, and
The Certificate of Alternative Com-
(iii) Any obstructions that may
pliance terminates if the information
interfere with the equipment when in-
supplied under 81.5(a) or the Certifi-
stalled in:
cate issued under 81.9 is no longer ap-
(A) The required location; and
plicable to the vessel.
(B) The proposed location.
(b) The Coast Guard may request [CGD 77136, 47 FR 13800, Apr. 1, 1982]
from the applicant additional informa-
tion concerning the application. 81.18 Notice and record of certifi-
cation of vessels of special con-
(Approved by the Office of Management and struction or purpose.
Budget under control number 16250019)
(a) In accordance with 33 U.S.C.
[CGD 77136, 47 FR 13799, Apr. 1, 1982, as
1605(c), a notice is published in the
July 12, 2006] FEDERAL REGISTER of the following:
(1) Each Certificate of Alternative
81.9 Certificate of Alternative Com- Compliance issued under 81.9; and
pliance: Contents. (2) Each Coast Guard vessel deter-
The Chief of the Marine Safety Divi- mined by the Commandant to be a ves-
sion issues the Certificate of Alter- sel of special construction or purpose.
native Compliance to the vessel based (b) Copies of Certificate of Alter-
on a determination that it cannot com- native Compliance and documentation
ply fully with 72 COLREGS light, concerning Coast Guard vessels are
shape, and sound signal provisions available for inspection at Marine
without interference with its special Safety, Security and Environmental
function. This Certificate includes Protection, U.S. Coast Guard Head-
(a) Identification of the vessel as sup- quarters, (CG5), 2100 2nd St., SW., Stop
plied in the application under 7355, Washington, DC 205937355.
81.5(a)(2); (c) The owner or operator of a vessel
(b) The provision of the 72 COLREGS issued a Certificate shall ensure that
for which the Certificate authorizes al- the vessel does not operate unless the
ternative compliance; Certificate of Alternative Compliance
(c) A certification that the vessel is or a certified copy of that Certificate is

unable to comply fully with the 72
COLREGS lights, shape, and sound sig-
194
on board the vessel and available for are adopted by the Coast Guard for the
inspection by Coast Guard personnel. guidance of the public.
(Approved by the Office of Management and [CGD 76133, 42 FR 35792, July 11, 1977. Redes-
Budget under control number 16250019) ignated by CGD 81017, 46 FR 28154, May 26,
1981]
[CGD 77136, 47 FR 13800, Apr. 1, 1982, as
amended by CGD 88052, 53 FR 25119, July 1, 82.3 Pushing vessel and vessel being
1988; CGD 96026, 61 FR 33663, June 28, 1996; pushed: Composite unit.
CGD 7882, 43 FR 54186, Nov. 20, 1978; USCG
200625150, 71 FR 39208, July 12, 2006; USCG Rule 24(b) of the 72 COLREGS states
20100351, 75 FR 36281, June 25, 2010] that when a pushing vessel and a vessel
being pushed ahead are rigidly con-
EXEMPTIONS nected in a composite unit, they are re-
garded as a power-driven vessel and
81.20 Lights and sound signal appli- must exhibit the lights under Rule 23.
ances.
A composite unit is interpreted to be
Each vessel under the 72 COLREGS, a pushing vessel that is rigidly con-
except the vessels of the Navy, is ex- nected by mechanical means to a ves-
empt from the requirements of the 72 sel being pushed so they react to sea
COLREGS to the limitation for the pe- and swell as one vessel. Mechanical
riod of time stated in Rule 38 (a), (b), means does not include the following:
(c), (d), (e), (f), and (g) if: (a) Lines.
(a) Her keel is laid or is at a cor- (b) Hawsers.
responding stage of construction before (c) Wires.
July 15, 1977; and (d) Chains.
(b) She meets the International Reg-
[CGD 76133, 42 FR 35792, July 11, 1977. Redes-
ulations for Preventing Collisions at
ignated by CGD 81017, 46 FR 28154, May 26,
Sea, 1960 (77 Stat. 194, 33 U.S.C. 1051 1981]
1094).
[CGD 76133, 42 FR 35792, July 11, 1977. Redes- 82.5 Lights for moored vessels.
ignated at CGD 81017, 46 FR 28154, May 26, For the purposes of Rule 30 of the 72
1981] COLREGS, a vessel at anchor includes a
barge made fast to one or more moor-
PART 8272 COLREGS: ing buoys or other similar device at-
INTERPRETATIVE RULES tached to the sea or river floor. Such a
barge may be lighted as a vessel at an-
Sec. chor in accordance with Rule 30, or
82.1 Purpose. may be lighted on the corners in ac-
82.3 Pushing vessel and vessel being pushed: cordance with 33 CFR 88.13.
Composite unit.
82.5 Lights for moored vessels. [CGD 94011, 63 FR 5731, Feb. 4, 1998]
82.7 Sidelights for unmanned barges.
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.
An unmanned barge being towed may
88; 49 CFR 1.46(n). use the exception of COLREGS Rule
24(h). However, this exception only ap-
82.1 Purpose. plies to the vertical sector require-
This part contains the interpretative ments.
rules concerning the 72 COLREGS that [CGD 94011, 63 FR 5731, Feb. 4, 1998]
195
SUBCHAPTER EINLAND NAVIGATION RULES
PART 83RULES 83.34 Maneuvering and warning signals

(Rule 34).
83.35 Sound signals in restricted visibility
Subpart AGeneral (Rule 35).
Sec. 83.36 Signals to attract attention (Rule 36).
83.01 Application (Rule 1). 83.37 Distress signals (Rule 37).
83.02 Responsibility (Rule 2).
83.03 Definitions (Rule 3). Subpart EExemptions
83.38 Exemptions (Rule 38).
Subpart BSteering and Sailing Rules
AUTHORITY: Sec. 303, Pub. L. 108293, 118
CONDUCT OF VESSELS IN ANY CONDITION OF Stat. 1028 (33 U.S.C. 2001); Department of
VISIBILITY Homeland Security Delegation No. 0170.1.
83.04 Application (Rule 4). SOURCE: USCG20090948, 75 FR 19546, Apr.
83.05 Look-out (Rule 5). 15, 2010, unless otherwise noted.
83.06 Safe speed (Rule 6).
83.07 Risk of collision (Rule 7).
83.08 Action to avoid collision (Rule 8). Subpart AGeneral
83.09 Narrow channels (Rule 9).
83.10 Traffic separation schemes (Rule 10). 83.01 Application (Rule 1).
CONDUCT OF VESSELS IN SIGHT OF ONE (a) United States inland waters and Ca-
ANOTHER nadian waters of the Great Lakes. These
Rules apply to all vessels upon the in-
83.11 Application (Rule 11).
83.12 Sailing vessels (Rule 12).
land waters of the United States, and
83.13 Overtaking (Rule 13). to vessels of the United States on the
83.14 Head-on situation (Rule 14). Canadian waters of the Great Lakes to
83.15 Crossing situation (Rule 15). the extent that there is no conflict
83.16 Action by give-way vessel (Rule 16). with Canadian law.
83.17 Action by stand-on vessel (Rule 17). (b) International Regulations.
83.18 Responsibilities between vessels (Rule (1) These Rules constitute special
18).
rules made by an appropriate authority
CONDUCT OF VESSELS IN RESTRICTED within the meaning of Rule 1(b) of the
VISIBILITY International Regulations.
83.19 Conduct of vessels in restricted visi- (2) All vessels complying with the
bility (Rule 19). construction and equipment require-
ments of the International Regulations
Subpart CLights and Shapes are considered to be in compliance
with these Rules.
83.20 Application (Rule 20).
(c) Special rules. Nothing in these
83.21 Definitions (Rule 21).
83.22 Visibility of lights (Rule 22). Rules shall interfere with the oper-
83.23 Power-driven vessels underway (Rule ation of any special rules made by the
23). Secretary of the Navy with respect to
83.24 Towing and pushing (Rule 24). additional station or signal lights and
83.25 Sailing vessels underway and vessels shapes or whistle signals for ships of
under oars (Rule 25). war and vessels proceeding under con-
83.26 Fishing vessels (Rule 26). voy, or by the Secretary with respect
83.27 Vessels not under command or re-
to additional station or signal lights
stricted in their ability to maneuver
(Rule 27). and shapes for fishing vessels engaged
83.28 [Reserved](Rule 28). in fishing as a fleet. These additional
83.29 Pilot vessels (Rule 29). station or signal lights and shapes or
83.30 Anchored vessels and vessels aground whistle signals shall, so far as possible,
(Rule 30). be such that they cannot be mistaken
83.31 Seaplanes (Rule 31). for any light, shape, or signal author-
ized elsewhere under these Rules. No-
Subpart DSound and Light Signals
tice of such special rules shall be pub-

83.32 Definitions (Rule 32). lished in the FEDERAL REGISTER and,
83.33 Equipment for sound signals (Rule 33). after the effective date specified in
196
such notice, they shall have effect as if to any special circumstances, including
they were a part of these Rules. the limitations of the vessels involved,
(d) Traffic regulation schemes; vessel which may make a departure from
traffic service regulations. Traffic sepa- these Rules necessary to avoid imme-
ration schemes may be established for diate danger.
the purpose of these Rules. Vessel traf-
fic service regulations may be in effect 83.03 Definitions (Rule 3).
in certain areas. For the purpose of these Rules and
(e) Alternative compliance. Whenever this chapter, except where the context
the Secretary determines that a vessel otherwise requires:
or class of vessels of special construc- (a) Vessel includes every description
tion or purpose cannot comply fully of water craft, including nondisplace-
with the provisions of any of these ment craft and seaplanes, used or capa-
Rules with respect to the number, posi- ble of being used as a means of trans-
tion, range, or arc of visibility of lights portation on water;
or shapes, as well as to the disposition (b) Power-driven vessel means any ves-
and characteristics of sound-signaling sel propelled by machinery;
appliances, the vessel shall comply (c) Sailing vessel means any vessel
with such other provisions in regard to under sail provided that propelling ma-
the number, position, range, or arc of chinery, if fitted, is not being used;
visibility of lights or shapes, as well as (d) Vessel engaged in fishing means
to the disposition and characteristics any vessel fishing with nets, lines,
of sound-signaling appliances, as the trawls, or other fishing apparatus
Secretary shall have determined to be which restricts maneuverability, but
the closest possible compliance with does not include a vessel fishing with
these Rules. The Secretary may issue a trolling lines or other fishing appa-
certificate of alternative compliance ratus which do not restrict maneuver-
for a vessel or class of vessels speci- ability;
fying the closest possible compliance (e) Seaplane includes any aircraft de-
with these Rules. The Secretary of the signed to maneuver on the water;
Navy shall make these determinations (f) Vessel not under command means a
and issue certificates of alternative vessel which, through some exceptional
compliance for vessels of the Navy. circumstance, is unable to maneuver as
(f) Acceptance of certificates of alter- required by these Rules and is there-
native compliance from contracting par- fore unable to keep out of the way of
ties to International Regulations. The another vessel;
Secretary may accept a certificate of (g) Vessel restricted in her ability to ma-
alternative compliance issued by a con- neuver means a vessel which, from the
tracting party to the International nature of her work, is restricted in her
Regulations if he determines that the ability to maneuver as required by
alternative compliance standards of these Rules and is therefore unable to
the contracting party are substantially keep out of the way of another vessel;
the same as those of the United States. vessels restricted in their ability to
maneuver include, but are not limited
83.02 Responsibility (Rule 2). to:
(a) Exoneration. Nothing in these (1) A vessel engaged in laying, serv-
Rules shall exonerate any vessel, or the icing, or picking up a navigation mark,
owner, master, or crew thereof, from submarine cable, or pipeline;
the consequences of any neglect to (2) A vessel engaged in dredging, sur-
comply with these Rules or of the ne- veying, or underwater operations;
glect of any precaution which may be (3) A vessel engaged in replenishment
required by the ordinary practice of or transferring persons, provisions, or
seamen, or by the special cir- cargo while underway;
cumstances of the case. (4) A vessel engaged in the launching
(b) Departure from rules when nec- or recovery of aircraft;
essary to avoid immediate danger. In con- (5) A vessel engaged in mineclearance
struing and complying with these operations; and

Rules due regard shall be had to all (6) A vessel engaged in a towing oper-
dangers of navigation and collision and ation such as severely restricts the
197
83.04 33 CFR Ch. I (7110 Edition)
towing vessel and her tow in their abil- ing annexes currently in force for the
ity to deviate from their course. United States.
(h) Underway means that a vessel is
not at anchor, or Subpart BSteering and Sailing
made fast to the shore, or aground; Rules
(i) Length and breadth of a vessel
mean her length overall and greatest CONDUCT OF VESSELS IN ANY CONDITION
breadth; OF VISIBILITY
(j) Vessels shall be deemed to be in
sight of one another only when one can 83.04 Application (Rule 4).
be observed visually from the other; Rules in this subpart apply in any
(k) Restricted visibility means any con- condition of visibility.
dition in which visibility is restricted
by fog, mist, falling snow, heavy rain- 83.05 Look-out (Rule 5).
storms, sandstorms, or any other simi-
Every vessel shall at all times main-
lar causes;
tain a proper look-out by sight and
(l) Western Rivers means the Mis-
hearing as well as by all available
sissippi River, its tributaries, South
means appropriate in the prevailing
Pass, and Southwest Pass, to the navi-
circumstances and conditions so as to
gational demarcation lines dividing the
make a full appraisal of the situation
high seas from harbors, rivers, and
and of the risk of collision.
other inland waters of the United
States, and the Port Allen-Morgan City 83.06 Safe speed (Rule 6).
Alternate Route, and that part of the
Atchafalaya River above its junction Every vessel shall at all times pro-
with the Port Allen-Morgan City Alter- ceed at a safe speed so that she can
nate Route including the Old River and take proper and effective action to
the Red River; avoid collision and be stopped within a
(m) Great Lakes means the Great distance appropriate to the prevailing
Lakes and their connecting and tribu- circumstances and conditions.
tary waters including the Calumet In determining a safe speed the fol-
River as far as the Thomas J. OBrien lowing factors shall be among those
Lock and Controlling Works (between taken into account:
mile 326 and 327), the Chicago River as (a) By all vessels:
far as the east side of the Ashland Ave- (1) The state of visibility;
nue Bridge (between mile 321 and 322), (2) The traffic density including con-
and the Saint Lawrence River as far centration of fishing vessels or any
east as the lower exit of Saint Lambert other vessels;
Lock; (3) The maneuverability of the vessel
(n) Secretary means the Secretary of with special reference to stopping dis-
the Department in which the Coast tance and turning ability in the pre-
Guard is Operating; vailing conditions;
(o) Inland Waters means the navigable (4) At night the presence of back-
waters of the United States shoreward ground light such as from shores lights
of the navigational demarcation lines or from back scatter of her own lights;
dividing the high seas from harbors, (5) The state of wind, sea, and cur-
rivers, and other inland waters of the rent, and the proximity of navigational
United States and the waters of the hazards;
Great Lakes on the United States side (6) The draft in relation to the avail-
of the International Boundary; able depth of water.
(p) Inland Rules or Rules mean the In- (b) Additionally, by vessels with
land Navigational Rules and the an- operational radar:
nexes thereto, which govern the con- (1) The characteristics, efficiency and
duct of vessels and specify the lights, limitations of the radar equipment;
shapes, and sound signals that apply on (2) Any constraints imposed by the
inland waters; and radar range scale in use;
(q) International Regulations means (3) The effect on radar detection of

the International Regulations for Pre- the sea state, weather, and other
venting Collisions at Sea, 1972, includ- sources of interference;
198
(4) The possibility that small vessels, be large enough to be readily apparent
ice and other floating objects may not to another vessel observing visually or
be detected by radar at an adequate by radar; a succession of small alter-
range; ations of course or speed should be
(5) The number, location, and move- avoided.
ment of vessels detected by radar; and (c) Alteration of course to avoid close-
(6) The more exact assessment of the quarters situation. If there is sufficient
visibility that may be possible when sea room, alteration of course alone
radar is used to determine the range of may be the most effective action to
vessels or other objects in the vicinity. avoid a close-quarters situation pro-
vided that it is made in good time, is
83.07 Risk of collision (Rule 7). substantial and does not result in an-
(a) Determination if risk exists. Every other close-quarters situation.
vessel shall use all available means ap- (d) Action to result in passing at safe
propriate to the prevailing cir- distance. Action taken to avoid colli-
cumstances and conditions to deter- sion with another vessel shall be such
mine if risk of collision exists. If there as to result in passing at a safe dis-
is any doubt such risk shall be deemed tance. The effectiveness of the action
to exist. shall be carefully checked until the
(b) Radar. Proper use shall be made of other vessel is finally past and clear.
radar equipment if fitted and oper- (e) Slackening of vessel speed; stopping
ational, including long-range scanning or reversing means of propulsion. If nec-
to obtain early warning of risk of colli- essary to avoid collision or allow more
sion and radar plotting or equivalent time to assess the situation, a vessel
systematic observation of detected ob- shall slacken her speed or take all way
jects. off by stopping or reversing her means
(c) Scanty information. Assumptions of propulsion.
shall not be made on the basis of (f) Early action to allow room for safe
scanty information, especially scanty passage:
radar information. (1) A vessel which, by any of these
(d) Considerations taken into account Rules, is required not to impede the
in determining if risk exists. In deter- passage or safe passage of another ves-
mining if risk of collision exists the sel shall, when required by the cir-
following considerations shall be cumstances of the case, take early ac-
among those taken into account: tion to allow sufficient sea room for
(1) Such risk shall be deemed to exist the safe passage of the other vessel.
if the compass bearing of an approach- (2) A vessel required not to impede
ing vessel does not appreciably change; the passage or safe passage of another
and vessel is not relieved of this obligation
(2) Such risk may sometimes exist if approaching the other vessel so as to
even when an appreciable bearing involve risk of collision and shall,
change is evident, particularly when when taking action, have full regard to
approaching a very large vessel or a the action which may be required by
tow or when approaching a vessel at the Rules of this part.
close range. (3) A vessel the passage of which is
not to be impeded remains fully
83.08 Action to avoid collision (Rule obliged to comply with the Rules of
8). this part when the two vessels are ap-
(a) General characteristics of action proaching one another so as to involve
taken to avoid collision. Any action risk of collision.
taken to avoid collision shall, if the
circumstances of the case admit, be 83.09 Narrow channels (Rule 9).
positive, made in ample time and with (a) Keeping near to outer limit of chan-
due regard to the observance of good nel or fairway which lies on vessels star-
seamanship. board side; exception.
(b) Readily apparent alterations in (1) A vessel proceeding along the
course or speed. Any alteration of course of a narrow channel or fairway

course or speed to avoid collision shall, shall keep as near to the outer limit of
if the circumstances of the case admit, the channel or fairway which lies on
199
83.10 33 CFR Ch. I (7110 Edition)
her starboard side as is safe and prac- ness and caution and shall sound the
ticable. appropriate signal prescribed in Rule
(2) Notwithstanding paragraph (a)(1) 34(e).
and Rule 14(a), a power-driven vessel (g) Avoidance of anchoring in narrow
operating in narrow channels or fair- channels. Every vessel shall, if the cir-
ways on the Great Lakes, Western Riv- cumstances of the case admit, avoid
ers, or waters specified by the Sec- anchoring in a narrow channel.
retary, and proceeding downbound with
a following current shall have the 83.10 Traffic separation schemes
right-of-way over an upbound vessel, (Rule 10).
shall propose the manner and place of (a) Obligations under other Rules unaf-
passage, and shall initiate the maneu- fected. This Rule applies to traffic sepa-
vering signals prescribed by Rule ration schemes and does not relieve
34(a)(1), as appropriate. The vessel pro- any vessel of her obligation under any
ceeding upbound against the current other Rule.
shall hold as necessary to permit safe (b) Duties for vessel using scheme. A
passing. vessel using a traffic separation
(b) Vessels of less than 20 meters in scheme shall:
length; sailing vessels. A vessel of less (1) Proceed in the appropriate traffic
than 20 meters in length or a sailing lane in the general direction of traffic
vessel shall not impede the passage of a flow for that lane;
vessel that can safely navigate only
(2) So far as practicable keep clear of
within a narrow channel or fairway.
a traffic separation line or separation
(c) Vessels engaged in fishing. A vessel
zone;
engaged in fishing shall not impede the
passage of any other vessel navigating (3) Normally join or leave a traffic
within a narrow channel or fairway. lane at the termination of the lane, but
(d) Crossing narrow channels or fair- when joining or leaving from either
ways. A vessel shall not cross a narrow side shall do so at as small an angle to
channel or fairway if such crossing im- the general direction of traffic flow as
pedes the passage of a vessel which can practicable.
safely navigate only within that chan- (c) Crossing traffic lanes. A vessel
nel or fairway. The latter vessel shall shall, so far as practicable, avoid cross-
use the danger signal prescribed in ing traffic lanes but if obliged to do so
Rule 34(d) if in doubt as to the inten- shall cross on a heading as nearly as
tion of the crossing vessel. practicable at right angles to the gen-
(e) Overtaking vessels. eral direction of traffic flow.
(1) In a narrow channel or fairway (d) Use of inshore traffic lane.
when overtaking, the power-driven ves- (1) A vessel shall not use an inshore
sel intending to overtake another traffic zone when she can safely use the
power-driven vessel shall indicate her appropriate traffic lane within the ad-
intention by sounding the appropriate jacent traffic separation scheme. How-
signal prescribed in Rule 34(c) and take ever, vessels of less than twenty meters
steps to permit safe passing. The in length, sailing vessels, and vessels
power-driven vessel being overtaken, if engaged in fishing may use the inshore
in agreement, shall sound the same sig- traffic zone.
nal and may, if specifically agreed to, (2) Notwithstanding subparagraph
take steps to permit safe passing. If in (d)(1), a vessel may use an inshore traf-
doubt she shall sound the danger signal fic zone when en route to or from a
prescribed in Rule 34(d). port, offshore installation or structure,
(2) This Rule does not relieve the pilot station, or any other place situ-
overtaking vessel of her obligation ated within the inshore traffic zone, or
under Rule 13. to avoid immediate danger.
(f) Areas of obscured visibility due to in- (e) Entering separation zone or crossing
tervening obstructions. A vessel nearing separation line. A vessel other than a
a bend or an area of a narrow channel crossing vessel or a vessel joining or
or fairway where other vessels may be leaving a lane shall not normally enter
obscured by an intervening obstruction a separation zone or cross a separation
shall navigate with particular alert- line except:
200
(1) In cases of emergency to avoid im- wind on the port side shall keep out of
mediate danger; or the way of the other;
(2) To engage in fishing within a sep- (2) When both have the wind on the
aration zone. same side, the vessel which is to wind-
(f) Caution in areas near termination of ward shall keep out of the way of the
scheme. A vessel navigating in areas vessel which is to leeward; and
near the terminations of traffic separa- (3) If a vessel with the wind on the
tion schemes shall do so with par- port side sees a vessel to windward and
ticular caution. cannot determine with certainty
(g) Anchoring. A vessel shall so far as whether the other vessel has the wind
practicable avoid anchoring in a traffic on the port or on the starboard side,
separation scheme or in areas near its she shall keep out of the way of the
terminations. other.
(h) Avoidance of scheme. A vessel not (b) Windward side. For the purpose of
using a traffic separation scheme shall this Rule the windward side shall be
avoid it by as wide a margin as is prac- deemed to be the side opposite to that
ticable. on which the mainsail is carried or, in
(i) Fishing vessels. A vessel engaged in the case of a square-rigged vessel, the
fishing shall not impede the passage of side opposite to that on which the larg-
any vessel following a traffic lane. est fore-and-aft sail is carried.
(j) Power-driven vessels. A vessel of
less than twenty meters in length or a 83.13 Overtaking (Rule 13).
sailing vessel shall not impede the safe (a) Overtaking vessel to keep out of the
passage of a power-driven vessel fol- overtaken vessels way. Notwithstanding
lowing a traffic lane. anything contained in Rules 4 through
(k) Exemption; maintenance of safety of 18, any vessel overtaking any other
navigation. A vessel restricted in her shall keep out of the way of the vessel
ability to maneuver when engaged in being overtaken.
an operation for the maintenance of (b) Overtaking vessel defined. A vessel
safety of navigation in a traffic separa- shall be deemed to be overtaking when
tion scheme is exempted from com- coming up with another vessel from a
plying with this Rule to the extent direction more than 22.5 degrees abaft
necessary to carry out the operation. her beam; that is, in such a position
(l) Exemption; laying, servicing, or pick- with reference to the vessel she is over-
ing up submarine cable. taking, that at night she would be able
A vessel restricted in her ability to to see only the sternlight of that vessel
maneuver when engaged in an oper- but neither of her sidelights.
ation for the laying, servicing, or pick- (c) Assumption that vessel is overtaking
ing up of a submarine cable, within a another in cases of doubt. When a vessel
traffic separation scheme, is exempted is in any doubt as to whether she is
from complying with this Rule to the overtaking another, she shall assume
extent necessary to carry out the oper- that this is the case and act accord-
ation. ingly.
(d) Overtaking vessel to become crossing
CONDUCT OF VESSELS IN SIGHT OF ONE vessel only when finally past and clear.
ANOTHER Any subsequent alteration of the bear-
ing between the two vessels shall not
83.11 Application (Rule 11). make the overtaking vessel a crossing
Rules in this subpart apply to vessels vessel within the meaning of these
in sight of one another. Rules or relieve her of the duty of
keeping clear of the overtaken vessel
83.12 Sailing vessels (Rule 12). until she is finally past and clear.
(a) Keeping out of the way. When two
sailing vessels are approaching one an- 83.14 Head-on situation (Rule 14).
other, so as to involve risk of collision, (a) Course alterations to starboard; port
one of them shall keep out of the way side passage. Unless otherwise agreed,
of the other as follows: when two power-driven vessels are

(1) When each has the wind on a dif- meeting on reciprocal or nearly recip-
ferent side, the vessel which has the rocal courses so as to involve risk of
201
83.15 33 CFR Ch. I (7110 Edition)
collision each shall alter her course to 83.17 Action by stand-on vessel (Rule
starboard so that each shall pass on the 17).
port side of the other. (a) Stand-on vessel to keep course and
(b) Existence of head-on situation. speed; action allowed when give-way ves-
Such a situation shall be deemed to sel fails to take appropriate action.
exist when a vessel sees the other (1) Where one of two vessels is to
ahead or nearly ahead and by night she keep out of the way, the other shall
could see the masthead lights of the keep her course and speed.
other in a line or nearly in a line or (2) The latter vessel may, however,
both sidelights and by day she observes take action to avoid collision by her
the corresponding aspect of the other maneuver alone, as soon as it becomes
vessel. apparent to her that the vessel re-
(c) Assumption that head-on situation quired to keep out of the way is not
exists in cases of doubt. When a vessel is taking appropriate action in compli-
in any doubt as to whether such a situ- ance with these Rules.
ation exists she shall assume that it (b) Action by stand-on vessel allowed
does exist and act accordingly. when action by give-way vessel alone can-
(d) Vessel operating on Great Lakes, not avoid collision. When, from any
Western Rivers, or other specified waters, cause, the vessel required to keep her
course and speed finds herself so close
and proceeding downbound with fol-
that collision cannot be avoided by the
lowing current. Notwithstanding para-
action of the give-way vessel alone, she
graph (a) of this Rule, a power-driven shall take such action as will best aid
vessel operating on the Great Lakes, to avoid collision.
Western Rivers, or waters specified by (c) Crossing situations. A power-driven
the Secretary, and proceeding vessel which takes action in a crossing
downbound with a following current situation in accordance with subpara-
shall have the right-of-way over an graph (a)(2) of this Rule to avoid colli-
upbound vessel, shall propose the man- sion with another power-driven vessel
ner of passage, and shall initiate the shall, if the circumstances of the case
maneuvering signals prescribed by admit, not alter course to port for a
Rule 34(a)(1), as appropriate. vessel on her own port side.
(d) Give-way vessel not relieved of obli-
83.15 Crossing situation (Rule 15). gation to keep out of the way. This Rule
(a) Vessel which must keep out of the does not relieve the give-way vessel of
other vessels way. When two power- her obligation to keep out of the way.
driven vessels are crossing so as to in-
83.18 Responsibilities between ves-
volve risk of collision, the vessel which sels (Rule 18).
has the other on her starboard side
shall keep out of the way and shall, if Except where Rules 9, 10, and 13 oth-
the circumstances of the case admit, erwise require:
avoid crossing ahead of the other ves- (a) Power-driven vessels underway. A
sel. power-driven vessel underway shall
keep out of the way of:
(b) Vessels crossing river. Notwith-
(1) A vessel not under command;
standing paragraph (a), on the Great
(2) A vessel restricted in her ability
Lakes, Western Rivers, or water speci-
to maneuver;
fied by the Secretary, a power-driven
(3) A vessel engaged in fishing; and
vessel crossing a river shall keep out of
(4) A sailing vessel.
the way of a power-driven vessel as-
(b) Sailing vessels underway. A sailing
cending or descending the river. vessel underway shall keep out of the
way of:
83.16 Action by give-way vessel (Rule
16). (1) A vessel not under command;
(2) A vessel restricted in her ability
Every vessel which is directed to to maneuver; and
keep out of the way of another vessel (3) A vessel engaged in fishing.
shall, so far as possible, take early and (c) Vessels engaged in fishing when un-
substantial action to keep well clear. derway. A vessel engaged in fishing
202
when underway shall, so far as pos- be kept on course. She shall if nec-
sible, keep out of the way of: essary take all her way off and, in any
(1) A vessel not under command; and event, navigate with extreme caution
(2) A vessel restricted in her ability until danger of collision is over.
to maneuver.
(d) Seaplanes on the water. A seaplane Subpart CLights and Shapes
on the water shall, in general, keep
well clear of all vessels and avoid im- 83.20 Application (Rule 20).
peding their navigation. In cir- (a) Compliance in all weathers. Rules
cumstances, however, where risk of in this part shall be complied with in
collision exists, she shall comply with all weathers.
the Rules of this part. (b) Rules concerning lights complied
with from sunset to sunrise; other lights.
CONDUCT OF VESSELS IN RESTRICTED The Rules concerning lights shall be
VISIBILITY complied with from sunset to sunrise,
and during such times no other lights
83.19 Conduct of vessels in restricted
visibility (Rule 19). shall be exhibited, except such lights as
cannot be mistaken for the lights spec-
(a) Vessels to which rule applies. This ified in these Rules or do not impair
Rule applies to vessels not in sight of their visibility or distinctive char-
one another when navigating in or near acter, or interfere with the keeping of
an area of restricted visibility. a proper lookout.
(b) Safe speed; engines ready for imme- (c) Lights during daylight hours in re-
diate maneuver. Every vessel shall pro- stricted visibility; other circumstances.
ceed at a safe speed adapted to the pre- The lights prescribed by these Rules
vailing circumstances and conditions shall, if carried, also be exhibited from
of restricted visibility. A power-driven sunrise to sunset in restricted visi-
vessel shall have her engines ready for bility and may be exhibited in all other
immediate maneuver. circumstances when it is deemed nec-
(c) Due regard to prevailing cir- essary.
cumstances and conditions. Every vessel (d) Rules concerning shapes; compliance
shall have due regard to the prevailing by day. The Rules concerning shapes
circumstances and conditions of re- shall be complied with by day.
stricted visibility when complying with (e) Annex. The lights and shapes spec-
Rules 4 through 10. ified in these Rules shall comply with
(d) Detection of vessel by radar alone. A the provisions of Annex I of these
vessel which detects by radar alone the Rules.
presence of another vessel shall deter-
mine if a close-quarters situation is de- 83.21 Definitions (Rule 21).
veloping or risk of collision exists. If (a) Masthead light means a white
so, she shall take avoiding action in light placed over the fore and aft cen-
ample time, provided that when such terline of the vessel showing an unbro-
action consists of an alteration of ken light over an arc of the horizon of
course, so far as possible the following 225 degrees and so fixed as to show the
shall be avoided: light from right ahead to 22.5 degrees
(1) An alteration of course to port for abaft the beam on either side of the
a vessel forward of the beam, other vessel, except that on a vessel of less
than for a vessel being overtaken; and than 12 meters in length the masthead
(2) An alteration of course toward a light shall be placed as nearly as prac-
vessel abeam or abaft the beam. ticable to the fore and aft centerline of
(e) Reduction of speed to minimum. Ex- the vessel.
cept where it has been determined that (b) Sidelights mean a green light on
a risk of collision does not exist, every the starboard side and a red light on
vessel which hears apparently forward the port side each showing an unbro-
of her beam the fog signal of another ken light over an arc of the horizon of
vessel, or which cannot avoid a close- 112.5 degrees and so fixed as to show
quarters situation with another vessel the light from right ahead to 22.5 de-
forward of her beam, shall reduce her grees abaft the beam on its respective
speed to the minimum at which she can side. On a vessel of less than 20 meters
203
83.22 33 CFR Ch. I (7110 Edition)
in length the side lights may be com- (1) A masthead light, 5 miles; except
bined in one lantern carried on the fore that where the length of the vessel is
and aft centerline of the vessel, except less than 20 meters, 3 miles;
that on a vessel of less than 12 meters (2) A sidelight, 2 miles;
in length the sidelights when combined (3) A sternlight, 2 miles;
in one lantern shall be placed as nearly (4) A towing light, 2 miles;
as practicable to the fore and aft cen- (5) A white, red, green or yellow all-
terline of the vessel. round light, 2 miles; and
(c) Sternlight means a white light (6) A special flashing light, 2 miles.
placed as nearly as practicable at the (c) Vessels of less than 12 meters in
stern showing an unbroken light over length. In a vessel of less than 12 me-
an arc of the horizon of 135 degrees and ters in length:
so fixed as to show the light 67.5 de- (1) A masthead light, 2 miles;
grees from right aft on each side of the (2) A sidelight, 1 mile;
vessel. (3) A sternlight, 2 miles;
(d) Towing light means a yellow light (4) A towing light, 2 miles;
having the same characteristics as the (5) A white, red, green or yellow all-
sternlight defined in paragraph (c) of round light, 2 miles; and
this Rule. (6) A special flashing light, 2 miles.
(e) All-round light means a light show- (d) An inconspicuous, partly submerged
ing an unbroken light over an arc of vessel or objects being towed. In an incon-
the horizon of 360 degrees. spicuous, partly submerged vessel or
(f) Flashing light means a light flash- objects being towed:
ing at regular intervals at a frequency (1) A white all-round light, 3 miles.
of 120 flashes or more per minute.
(g) Special flashing light means a yel- 83.23 Power-driven vessels underway
low light flashing at regular intervals (Rule 23).
at a frequency of 50 to 70 flashes per (a) Lights exhibited by power-driven
minute, placed as far forward and as vessels underway. A power-driven vessel
nearly as practicable on the fore and underway shall exhibit:
aft centerline of the tow and showing (1) A masthead light forward;
an unbroken light over an arc of the (2) A second masthead light abaft of
horizon of not less than 180 degrees nor and higher than the forward one; ex-
more than 225 degrees and so fixed as cept that a vessel of less than 50 meters
to show the light from right ahead to in length shall not be obliged to exhibit
abeam and no more than 22.5 degrees such light but may do so;
abaft the beam on either side of the (3) Sidelights; and
vessel. (4) A sternlight.
(b) Air-cushion vessels. An air-cushion
83.22 Visibility of lights (Rule 22). vessel when operating in the non-
The lights prescribed in these Rules displacement mode shall, in addition to
shall have an intensity as specified in the lights prescribed in paragraph (a)
Annex I to these Rules, so as to be visi- of this Rule, exhibit an all-round flash-
ble at the following minimum ranges: ing yellow light where it can best be
(a) Vessel of 50 meters or more in length. seen.
In a vessel of 50 meters or more in (c) Alternative lights for power-driven
length: vessels of less than 12 meters in length. A
(1) A masthead light, 6 miles; power-driven vessel of less than 12 me-
(2) A sidelight, 3 miles; ters in length may, in lieu of the lights
(3) A sternlight, 3 miles; prescribed in paragraph (a) of this
(4) A towing light, 3 miles; Rule, exhibit an all-round white light
(5) A white, red, green or yellow all- and sidelights.
round light, 3 miles; and (d) Power-driven vessels when operating
(6) A special flashing light, 2 miles. on Great Lakes. A power-driven vessel
(b) Vessels of 12 meters or more in when operating on the Great Lakes
length but less than 50 meters in may carry an all-round white light in
length. In a vessel of 12 meters or more lieu of the second masthead light and
in length but less than 50 meters in sternlight prescribed in paragraph (a)
length: of this Rule. The light shall be carried
204
in the position of the second masthead side or pushed in a group shall be light-
light and be visible at the same mined as one vessel, except as provided in
imum range. paragraph (3)
(1) A vessel being pushed ahead, not
83.24 Towing and pushing (Rule 24). being part of a composite unit, shall
(a) A power-driven vessel when towing exhibit at the forward end, sidelights
astern. A power-driven vessel when tow- and a special flashing light;
ing astern shall exhibit: (2) A vessel being towed alongside
(1) Instead of the light prescribed ei- shall exhibit a sternlight and at the
ther in Rule 23(a)(1) or 23(a)(2), two forward end, sidelights and a special
masthead lights in a vertical line. flashing light; and
When the length of the tow, measuring (3) When vessels are towed alongside
from the stern of the towing vessel to on both sides of the towing vessels a
the after end of the tow exceeds 200 me- sternlight shall be exhibited on the
ters, three such lights in a vertical stern of the outboard vessel on each
line; side of the towing vessel, and a single
(2) Sidelights; set of sidelights as far forward and as
(3) A sternlight; far outboard as is practicable, and a
(4) A towing light in a vertical line single special flashing light.
above the sternlight; and (g) An inconspicuous, partly submerged
(5) When the length of the tow ex- vessel or object being towed. An incon-
ceeds 200 meters, a diamond shape spicuous, partly submerged vessel or
where it can best be seen. object being towed shall exhibit:
(b) Pushing vessel and pushed vessel (1) If it is less than 25 meters in
rigidly connected in composite unit. When breadth, one all-round white light at or
a pushing vessel and a vessel being near each end;
pushed ahead are rigidly connected in a (2) If it is 25 meters or more in
composite unit they shall be regarded breadth, four all-round white lights to
as a power-driven vessel and exhibit mark its length and breadth;
the lights prescribed in Rule 23. (3) If it exceeds 100 meters in length,
(c) A power-driven vessel when pushing additional all-round white lights be-
ahead or towing alongside. A power-driv- tween the lights prescribed in subpara-
en vessel when pushing ahead or tow- graphs (1) and (2) so that the distance
ing alongside, except as required by between the lights shall not exceed 100
paragraphs (b) and (1) of this Rule, meters: Provided, that any vessels or
shall exhibit: objects being towed alongside each
(1) Instead of the light prescribed ei- other shall be lighted as one vessel or
ther in Rule 23(a)(1) or 23(a)(2), two object;
masthead lights in a vertical line; (4) A diamond shape at or near the
(2) Sidelights; and aftermost extremity of the last vessel
(3) Two towing lights in a vertical or object being towed; and
line. (5) The towing vessel may direct a
(d) Compliance with other requirements. searchlight in the direction of the tow
A power-driven vessel to which para- to indicate its presence to an approach-
graphs (a) or (c) of this Rule apply ing vessel.
shall also comply with Rule 23(a)(1) and (h) Alternative lighting of vessel or ob-
23(a)(2). ject being towed. Where from any suffi-
(e) Vessels being towed. A vessel or ob- cient cause it is impracticable for a
ject other than those referred to in vessel or object being towed to exhibit
paragraph (g) of this Rule being towed the lights prescribed in paragraph (e)
shall exhibit: or (g) of this Rule, all possible meas-
(1) Sidelights; ures shall be taken to light the vessel
(2) A sternlight; and or object towed or at least to indicate
(3) When the length of the tow ex- the presence of the unlighted vessel or
ceeds 200 meters, a diamond shape object.
where it can best be seen. (i) Western Rivers or other specified wa-
(f) Vessels being towed alongside or ters; exception. Notwithstanding para-

pushed in a group. Provided that any graph (c), on the Western Rivers (ex-
number of vessels being towed along- cept below the Huey P. Long Bridge on
205
83.25 33 CFR Ch. I (7110 Edition)
the Mississippi River) and on waters ited in sufficient time to prevent colli-
specified by the Secretary, a power- sion.
driven vessel when pushing ahead or (2) A vessel under oars may exhibit
towing alongside, except as paragraph the lights prescribed in this Rule for
(b) applies, shall exhibit: sailing vessels, but if she does not, she
(1) Sidelights; and shall have ready at hand an electric
(2) Two towing lights in a vertical torch or lighted lantern showing a
line. white light which shall be exhibited in
(j) Towing another vessel in distress or sufficient time to prevent collision.
otherwise in need of assistance. Where (e) Vessels proceeding under sail. A ves-
from any sufficient cause it is imprac- sel proceeding under sail when also
ticable for a vessel not normally en- being propelled by machinery shall ex-
gaged in towing operations to display hibit forward where it can best be seen
the lights prescribed by paragraph (a), a conical shape, apex downward. A ves-
(c) or (i) of this Rule, such vessel shall sel of less than 12 meters in length is
not be required to exhibit those lights not required to exhibit this shape, but
when engaged in towing another vessel may do so.
in distress or otherwise in need of as-
sistance. All possible measures shall be 83.26 Fishing vessels (Rule 26).
taken to indicate the nature of the re-
(a) Exhibition of only prescribed lights
lationship between the towing vessel
and shapes. A vessel engaged in fishing,
and the vessel being assisted. The
whether underway or at anchor, shall
searchlight authorized by Rule 36 may
be used to illuminate the tow. exhibit only the lights and shapes pre-
scribed in this Rule.
83.25 Sailing vessels underway and (b) Vessels engaged in trawling. A ves-
vessels under oars (Rule 25). sel when engaged in trawling, by which
is meant the dragging through the
(a) Sailing vessels underway. A sailing
water of a dredge net or other appa-
vessel underway shall exhibit:
ratus used as a fishing appliance, shall
(1) Sidelights; and
exhibit:
(2) A sternlight.
(1) Two all-round lights in a vertical
(b) Sailing vessels of less than 20 meters line, the upper being green and the
in length. In a sailing vessel of less than
lower white, or a shape consisting of
20 meters in length the lights pre-
two cones with their apexes together in
scribed in paragraph (a) of this Rule
a vertical line one above the other;
may be combined in one lantern car-
ried at or near the top of the mast (2) A masthead light abaft of and
where it can best be seen. higher than the all-round green light; a
vessel of less than 50 meters in length
(c) Additional lights. A sailing vessel
underway may, in addition to the shall not be obliged to exhibit such a
lights prescribed in paragraph (a) of light but may do so; and
this Rule, exhibit at or near the top of (3) When making way through the
the mast, where they can best be seen, water, in addition to the lights pre-
two all-round lights in a vertical line, scribed in this paragraph, sidelights
the upper being red and the lower and a sternlight.
green, but these lights shall not be ex- (c)Vessels engaged in fishing other than
hibited in conjunction with the com- trawling. A vessel engaged in fishing,
bined lantern permitted by paragraph other than trawling, shall exhibit:
(b) of this Rule. (1) Two all-round lights in a vertical
(d) Sailing vessels of less than 7 meters line, the upper being green and the
in length; vessels under oars. lower white, or a shape consisting of
(1) A sailing vessel of less than 7 me- two cones with their apexes together in
ters in length shall, if practicable, ex- a vertical line one above the other;
hibit the lights prescribed in paragraph (2) A masthead light abaft of and
(a) or (b) of this Rule, but if she does higher than the all-round green light; a
not, she shall have ready at hand an vessel of less than 50 meters in length
electric torch or lighted lantern show- shall not be obliged to exhibit such a
ing a white light which shall be exhib- light but may do so; and
206
(3) When making way through the (2) Three shapes in a vertical line
water, in addition to the lights pre- where they can best be seen. The high-
scribed in this paragraph, sidelights est and lowest of these shapes shall be
and a sternlight. balls and the middle one a diamond;
(c) Vessels engaged in fishing other (3) When making way through the
than trawling. A vessel engaged in fish- water, masthead lights, sidelights and
ing, other than trawling, shall exhibit: a sternlight, in addition to the lights
(1) Two all-round lights in a vertical prescribed in subparagraph (b)(1); and
line, the upper being red and the lower (4) When at anchor, in addition to the
white, or a shape consisting of two lights or shapes prescribed in subpara-
cones with apexes together in a graphs (b)(1) and (2), the light, lights or
vertical line one above the other; shapes prescribed in Rule 30.
(2) When there is outlying gear ex- (c) Vessels engaged in towing oper-
tending more than 150 meters hori- ations. A vessel engaged in a towing op-
zontally from the vessel, an all-round eration which severely restricts the
white light or a cone apex upward in towing vessel and her tow in their abil-
the direction of the gear; and ity to deviate from their course shall,
(3) When making way through the in addition to the lights or shapes pre-
water, in addition to the lights prescribed in subparagraphs (b)(1) and (2)
scribed in this paragraph, sidelights of this Rule, exhibit the lights or shape
and a sternlight. prescribed in Rule 24.
(d) Vessels engaged in fishing in close (d) Vessels engaged in dredging or un-
proximity to other vessels engaged in fish- derwater operations. A vessel engaged in
ing. The additional signals described in dredging or underwater operations,
Annex II to these Rules apply to a ves- when restricted in her ability to ma-
sel engaged in fishing in close prox- neuver, shall exhibit the lights and
imity to other vessels engaged in fish- shapes prescribed in subparagraphs
ing. (b)(1), (2), and (3) of this Rule and shall
(e) Vessels when not engaged in fishing. in addition, when an obstruction ex-
A vessel when not engaged in fishing ists, exhibit:
shall not exhibit the lights or shapes (1) Two all-round red lights or two
prescribed in this Rule, but only those balls in a vertical line to indicate the
prescribed for a vessel of her length. side on which the obstruction exists;
(2) Two all-round green lights or two
83.27 Vessels not under command or diamonds in a vertical line to indicate
restricted in their ability to maneu- the side on which another vessel may
ver (Rule 27). pass; and
(a) Vessels not under command. A ves- (3) When at anchor, the lights or
sel not under command shall exhibit: shape prescribed by this paragraph, in-
(1) Two all-round red lights in a stead of the lights or shapes prescribed
vertical line where they can best be in Rule 30 for anchored vessels.
seen; (e) Vessels engaged in diving oper-
(2) Two balls or similar shapes in a ations. Whenever the size of a vessel en-
vertical line where they can best be gaged in diving operations makes it
seen; and impracticable to exhibit all lights and
(iii) When making way through the shapes prescribed in paragraph (d) of
water, in addition to the lights pre- this Rule, the following shall instead
scribed in this paragraph, sidelights be exhibited:
and a sternlight. (1) Three all-round lights in a
(b) Vessels restricted in their ability to vertical line where they can best be
maneuver. A vessel restricted in her seen. The highest and lowest of these
ability to maneuver, except a vessel lights shall be red and the middle light
engaged in mineclearance operations, shall be white.
shall exhibit: (2) A rigid replica of the inter-
(1) Three all-round lights in a national Code flag A not less than 1
vertical line where they can best be meter in height. Measures shall be
seen. The highest and lowest of these taken to insure its all-round visibility.
lights shall be red and the middle light (f) Vessels engaged in mineclearance op-
shall be white; erations. A vessel engaged in
207
83.28 33 CFR Ch. I (7110 Edition)
mineclearance operations shall, in ad- (b) Vessels of less than 50 meters in

dition to the lights prescribed for a length; alternative light. A vessel of less
power-driven vessel in Rule 23 or to the than 50 meters in length may exhibit
lights or shape prescribed for a vessel an all-round white light where it can
at anchor in Rule 30, as appropriate, best be seen instead of the lights pre-
exhibit three all-round green lights or scribed in paragraph (a) of this Rule.
three balls. One of these lights or (c) Illumination of decks. A vessel at
shapes shall be exhibited near the anchor may, and a vessel of 100 meters
foremast head and one at each end of or more in length shall, also use the
the fore yard. These lights or shapes available working or equivalent lights
indicate that it is dangerous for an- to illuminate her decks.
other vessel to approach within 1,000 (d) Vessels aground. A vessel aground
meters of the mineclearance vessel. shall exhibit the lights prescribed in
(g) Vessels of less than 12 meters in paragraph (a) or (b) of this Rule and in
length. A vessel of less than 12 meters addition, if practicable, where they can
in length, except when engaged in div- best be seen:
ing operations, is not required to ex- (1) Two all-round red lights in a
hibit the lights or shapes prescribed in vertical line; and
this Rule. (2) Three balls in a vertical line.
(e) Vessels of less than 7 meters in
(h) Signals of vessels in distress and re-
length when at anchor. A vessel of less
quiring assistance. The signals pre-
than 7 meters in length, when at an-
scribed in this Rule are not signals of
chor, not in or near a narrow channel,
vessels in distress and requiring assist-
fairway, anchorage, or where other ves-
ance. Such signals are contained in
sels normally navigate, shall not be re-
Annex IV to these Rules.
quired to exhibit the lights or shape
83.28 [Reserved] (Rule 28). prescribed in paragraphs (a) and (b) of
this Rule.
83.29 Pilot vessels (Rule 29). (f) Vessels of less than 12 meters in
length when aground. A vessel of less
(a) Vessels engaged on pilotage duty. A than 12 meters in length when aground
vessel engaged on pilotage duty shall shall not be required to exhibit the
exhibit: lights or shapes prescribed in subpara-
(1) At or near the masthead, two all- graphs (d)(1) and (2) of this Rule.
round lights in a vertical line, the (g) Vessels of less than 20 meters in
upper being white and the lower red; length while at anchor in special anchor-
(2) When underway, in addition, age. A vessel of less than 20 meters in
sidelights and a sternlight; and length, when at anchor in a special an-
(3) When at anchor, in addition to the chorage area designated by the Sec-
lights prescribed in subparagraph (1), retary, shall not be required to exhibit
the anchor light, lights, or shape pre- the anchor lights and shapes required
scribed in Rule 30 for anchored vessels. by this Rule.
(b) Vessels when not engaged on pilot-
age duty. A pilot vessel when not en- 83.31 Seaplanes (Rule 31).
gaged on pilotage duty shall exhibit Where it is impracticable for a sea-
the lights or shapes prescribed for a plane to exhibit lights and shapes of
vessel of her length. the characteristics or in the positions
prescribed in the Rules of this part she
83.30 Anchored vessels and vessels shall exhibit lights and shapes as close-
aground (Rule 30). ly similar in characteristics and posi-
(a) Vessels at anchor. A vessel at an- tion as is possible.
chor shall exhibit where it can best be
seen: Subpart DSound and Light
(1) In the fore part, an all-round Signals
white light or one ball; and
(2) At or near the stern and at a 83.32 Definitions (Rule 32).
lower level than the light prescribed in (a) Whistle means any sound signaling
subparagraph (1), an all-round white appliance capable of producing the pre-
light. scribed blasts and which complies with
208
specifications in Annex III to these action until a safe passing agreement

Rules. is made.
(b) Short blast means a blast of about (b) Light signals. A vessel may supple-
1 seconds duration. ment the whistle signals prescribed in
(c) Prolonged blast means a blast of paragraph (a) of this Rule by light sig-
from 4 to 6 seconds duration. nals:
(1) These signals shall have the fol-
83.33 Equipment for sound signals
(Rule 33). lowing significance: one flash to mean
I intend to leave you on my port
(a) Vessels of 12 meters or more in side; two flashes to mean I intend to
length. A vessel of 12 meters or more in leave you on my starboard side; three
length shall be provided with a whistle flashes to mean I am operating astern
and a bell and a vessel of 100 meters or propulsion;
more in length shall, in addition, be (2) The duration of each flash shall be
provided with a gong, the tone and about 1 second; and
sound of which cannot be confused with
(3) The light used for this signal
that of the bell. The whistle, bell and
shall, if fitted, be one all-round white
gong shall comply with the specifica-
or yellow light, visible at a minimum
tions in Annex III to these Rules. The
range of 2 miles, synchronized with the
bell or gong or both may be replaced by
whistle, and shall comply with the pro-
other equipment having the same re-
visions of Annex I to these Rules.
spective sound characteristics, pro-
vided that manual sounding of the pre- (c) Overtaking situations. When in
scribed signals shall always be possible. sight of one another:
(b) Vessels of less than 12 meters in (1) A power-driven vessel intending to
length. A vessel of less than 12 meters overtake another power-driven vessel
in length shall not be obliged to carry shall indicate her intention by the fol-
the sound signaling appliances pre- lowing signals on her whistle: one
scribed in paragraph (a) of this Rule short blast to mean I intend to over-
but if she does not, she shall be pro- take you on your starboard side; two
vided with some other means of mak- short blasts to mean I intend to over-
ing an efficient sound signal. take you on your port side; and
(2) The power-driven vessel about to
83.34 Maneuvering and warning sig- be overtaken shall, if in agreement,
nals (Rule 34). sound a similar sound signal. If in
(a) Whistle signals. When power-driven doubt she shall sound the danger signal
vessels are in sight of one another and prescribed in paragraph (d).
meeting or crossing at a distance with- (d) Doubts or failure to understand sig-
in half a mile of each other, each vessel nals. When vessels in sight of one an-
underway, when maneuvering as au- other are approaching each other and
thorized or required by these Rules: from any cause either vessel fails to
(1) Shall indicate that maneuver by understand the intentions or actions of
the following signals on her whistle: the other, or is in doubt whether suffi-
one short blast to mean I intend to cient action is being taken by the
leave you on my port side; two short other to avoid collision, the vessel in
blasts to mean I intend to leave you doubt shall immediately indicate such
on my starboard side; and three short doubt by giving at least five short and
blasts to mean I am operating astern rapid blasts on the whistle. This signal
propulsion. may be supplemented by a light signal
(2) Upon hearing the one or two blast of at least five short and rapid flashes.
signal of the other shall, if in agree- (e) Vessels in areas of obscured visibility
ment, sound the same whistle signal due to intervening obstructions. A vessel
and take the steps necessary to effect a nearing a bend or an area of a channel
safe passing. If, however, from any or fairway where other vessels may be
cause, the vessel doubts the safety of obscured by an intervening obstruction
the proposed maneuver, she shall sound shall sound one prolonged blast. This
the danger signal specified in para- signal shall be answered with a pro-
graph (d) of this Rule and each vessel longed blast by any approaching vessel
shall take appropriate precautionary that may be within hearing around the
209
83.35 33 CFR Ch. I (7110 Edition)
bend or behind the intervening obstruc- sion; namely, one prolonged followed
tion. by two short blasts.
(f) Use of one whistle only on a vessel. (d) Vessels towed. A vessel towed or if
If whistles are fitted on a vessel at a more than one vessel is towed the last
distance apart of more than 100 meters, vessel of the tow, if manned, shall at
one whistle only shall be used for giv- intervals of not more than 2 minutes
ing maneuvering and warning signals. sound four blasts in succession; name-
(g) Power-driven vessels leaving dock or ly, one prolonged followed by three
berth. When a power-driven vessel is short blasts. When practicable, this
leaving a dock or berth, she shall sound signal shall be made immediately after
one prolonged blast. the signal made by the towing vessel.
(h) Agreement between vessels using ra- (e) Pushing and pushed vessels con-
diotelephone. A vessel that reaches nected in composite unit. When a pushing
agreement with another vessel in a vessel and a vessel being pushed ahead
head-on, crossing, or overtaking situa- are rigidly connected in a composite
tion, as for example, by using the ra- unit they shall be regarded as a power-
diotelephone as prescribed by the Ves- driven vessel and shall give the signals
sel Bridge-to-Bridge Radiotelephone prescribed in paragraphs (a) or (b) of
Act (85 Stat. 164; 33 U.S.C. 1201 et seq.), this Rule.
is not obliged to sound the whistle sig- (f) Vessels at anchor. A vessel at an-
nals prescribed by this Rule, but may
chor shall at intervals of not more
do so. If agreement is not reached, then
than 1 minute ring the bell rapidly for
whistle signals shall be exchanged in a
about 5 seconds. In a vessel of 100 me-
timely manner and shall prevail.
ters or more in length the bell shall be
83.35 Sound signals in restricted visi- sounded in the forepart of the vessel
bility (Rule 35). and immediately after the ringing of
the bell the gong shall be sounded rap-
In or near an area of restricted visi-
idly for about 5 seconds in the after
bility, whether by day or night, the
part of the vessel. A vessel at anchor
signals prescribed in this Rule shall be
may in addition sound three blasts in
used as follows:
(a) Power-driven vessels making way succession; namely, one short, one pro-
through the water. A power-driven ves- longed and one short blast, to give
sel making way through the water warning of her position and of the pos-
shall sound at intervals of not more sibility of collision to an approaching
than 2 minutes one prolonged blast. vessel.
(b) Power-driven vessels underway but (g) Vessels aground. A vessel aground
stopped and making no way through the shall give the bell signal and if re-
water. A power-driven vessel underway quired the gong signal prescribed in
but stopped and making no way paragraph (f) of this Rule and shall, in
through the water shall sound at inter- addition, give three separate and dis-
vals of not more than 2 minutes two tinct strokes on the bell immediately
prolonged blasts in succession with an before and after the rapid ringing of
interval of about 2 seconds between the bell. A vessel aground may in addi-
them. tion sound an appropriate whistle sig-
(c) Vessels not under command; vessels nal.
restricted in ability to maneuver; sailing (h) Vessels of less than 12 meters in
vessels; vessels engaged in fishing; vessels length. A vessel of less than 12 meters
engaged in towing or pushing. A vessel in length shall not be obliged to give
not under command; a vessel restricted the above-mentioned signals but, if she
in her ability to maneuver, whether does not, shall make some other effi-
underway or at anchor; a sailing vessel; cient sound signal at intervals of not
a vessel engaged in fishing, whether more than 2 minutes.
underway or at anchor; and a vessel en- (i) Pilot vessels. A pilot vessel when
gaged in towing or pushing another engaged on pilotage duty may in addi-
vessel shall, instead of the signals pre- tion to the signals prescribed in para-
scribed in paragraphs (a) or (b) of this graphs (a), (b) or (f) of this Rule sound
Rule, sound at intervals of not more an identity signal consisting of four
than 2 minutes, three blasts in succes- short blasts.
210
(j) Vessels anchored in special anchor- land Navigational Rules Act of 1980
age areas. The following vessels shall (Pub. L. 96591), except that vessels of
not be required to sound signals as pre- less than 20 meters in length are per-
scribed in paragraph (f) of this Rule manently exempt;
when anchored in a special anchorage (2) The installation of lights with
area designated by the Secretary: color specifications as prescribed in
(1) A vessel of less than 20 meters in Annex I to these Rules, until 4 years
length; and after the effective date of the Inland
(2) A barge, canal boat, scow, or Navigational Rules Act of 1980 (Pub. L.
other nondescript craft. 96591), except that vessels of less than
20 meters in length are permanently
83.36 Signals to attract attention exempt;
(Rule 36).
(3) The repositioning of lights as a re-
If necessary to attract the attention sult of conversion to metric units and
of another vessel, any vessel may make rounding off measurement figures, are
light or sound signals that cannot be permanently exempt; and
mistaken for any signal authorized (4) The horizontal repositioning of
elsewhere in these Rules, or may direct masthead lights prescribed by Annex I
the beam of her searchlight in the di- to these Rules:
rection of the danger, in such a way as (i) On vessels of less than 150 meters
not to embarrass any vessel. in length, permanent exemption.
(ii) On vessels of 150 meters or more
83.37 Distress signals (Rule 37). in length, until 9 years after the effec-
When a vessel is in distress and re- tive date of the Inland Navigational
quires assistance she shall use or ex- Rules Act of 1980 (Pub. L. 96591).
hibit the signals described in Annex IV (5) The restructuring or repositioning
to these Rules. of all lights to meet the prescriptions
of Annex I to these, until 9 years after
Subpart EExemptions the effective date of the Inland Naviga-
tional Rules Act of 1980 (Pub. L. 96591);
83.38 Exemptions (Rule 38). (6) Power-driven vessels of 12 meters
Any vessel or class of vessels, the or more but less than 20 meters in
keel of which is laid or which is at a length are permanently exempt from
corresponding stage of construction be- the provisions of Rule 23(a)(1) and
fore December 24, 1980, provided that 23(a)(4) provided that, in place of these
she complies with the requirements lights, the vessel exhibits a white light
of aft visible all round the horizon; and
(a) The Act of June 7, 1897, (30 Stat. (7) The requirements for sound signal
96), as amended (33 U.S.C. 154232) for appliances prescribed in Annex III to
vessels navigating the waters subject these Rules, until 9 years after the ef-
to that statute; fective date of the Inland Navigational
(b) Section 4233 of the Revised Stat- Rules Act of 1980 (Pub. L. 96591).
utes (33 U.S.C. 301356) for vessels navi-
gating the waters subject to that stat- PART 84ANNEX I: POSITIONING
ute; AND TECHNICAL DETAILS OF
(c) The Act of February 8, 1895 (28 LIGHTS AND SHAPES
Stat. 645), as amended (33 U.S.C. 241
295) for vessels navigating the waters Sec.
subject to that statute; or 84.01 Definitions.
(d) Sections 3, 4, and 5 of the Act of 84.03 Vertical positioning and spacing of
April 25, 1940 (54 Stat. 163), as amended lights.
(46 U.S.C. 526b, c, and d) for motorboats 84.05 Horizontal positioning and spacing of
navigating the waters subject to that lights.
statute; shall be exempted from com- 84.07 Details of location of direction-indi-
cating lights for fishing vessels, dredgers
pliance with the technical Annexes to and vessels engaged in underwater oper-
these Rules as follows: ations.
(1) The installation of lights with 84.09 Screens.

ranges prescribed in Rule 22, until 4 84.11 Shapes.
years after the effective date of the In- 84.13 Color specification of lights.
211
84.01 33 CFR Ch. I (7110 Edition)
84.15 Intensity of lights. greater height above the hull than 8
84.17 Horizontal sectors. meters;
84.19 Vertical sectors.
84.21 Intensity of non-electric lights.
(2) When two masthead lights are
84.23 Maneuvering light. carried the after one shall be at least 2
84.24 High-speed craft. meters vertically higher than the for-
84.25 Approval. [Reserved] ward one.
AUTHORITY: 33 U.S.C. 2071; Department of (b) The vertical separation of the
Homeland Security Delegation No. 0170.1. masthead lights of power-driven vessels
SOURCE: CGD 81008, 46 FR 62447, Dec. 24, shall be such that in all normal condi-
1981, unless otherwise noted. tions of trim the after light will be
seen over and separate from the for-
84.01 Definitions. ward light at a distance of 1000 meters
(a) The term height above the hull from the stem when viewed from water
means height above the uppermost con- level.
tinuous deck. This height shall be (c) The masthead light of a power-
measured from the position vertically driven vessel of 12 meters but less than
beneath the location of the light. 20 meters in length shall be placed at a
(b) High-speed craft means a craft ca- height above the gunwale of not less
pable of maximum speed in meters per than 2.5 meters.
second (m/s) equal to or exceeding: (d) The masthead light, or the all-
3.7S0.1667; where S=displacement cor- round light described in Rule 23(c), of a
responding to the design waterline (me- power-driven vessel of less than 12 me-
ters 3). ters in length shall be carried at least
one meter higher than the sidelights.
NOTE TO PARAGRAPH (b): The same formula
expressed in pounds and knots is maximum (e) One of the two or three masthead
speed in knots (kts) equal to exceeding 1.98 lights prescribed for a power-driven
(lbs) S0.1667; where S=displacement cor- vessel when engaged in towing or push-
responding to design waterline in pounds. ing another vessel shall be placed in
(c) The term practical cut-off means, the same position as either the forward
for vessels 20 meters or more in length, masthead light or the after masthead
12.5 percent of the minimum luminous light, provided that the lowest after
intensity (Table 84.15(b)) corresponding masthead light shall be at least 2 me-
to the greatest range of visibility for ters vertically higher than the highest
which the requirements of Annex I are forward masthead light.
met. (f)(1) The masthead light or lights
(d) The term Rule or Rules means the prescribed in Rule 23(a) shall be so
Inland Navigation Rules contained in placed as to be above and clear of all
sec. 2 of the Inland Navigational Rules other lights and obstructions except as
Act of 1980 (Pub. L. 96591, 94 Stat. 3415, described in paragraph (f)(2) of this sec-
33 U.S.C. 2001, December 24, 1980) as tion.
amended. (2) When it is impracticable to carry
the all-round lights prescribed in Rule
[CGD 81008, 46 FR 62447, Dec. 24, 1981, as
27(b)(i) below the masthead lights, they
1998] may be carried above the after mast-
head light(s) or vertically in between
84.03 Vertical positioning and spac- the forward masthead light(s) and after
ing of lights. masthead light(s), provided that in the
(a) On a power-driven vessel of 20 me- latter case the requirement of 84.05(d)
ters or more in length the masthead shall be complied with.
lights shall be placed as follows: (g) The sidelights of a power-driven
(1) The forward masthead light, or if vessel shall be placed at least one
only one masthead light is carried, meter lower than the forward mast-
then that light, at a height above the head light. They shall not be so low as
hull of not less than 5 meters, and, if to be interfered with by deck lights.
the breadth of the vessel exceeds 5 me- (h) [Reserved]
ters, then at a height above the hull (i) When the Rules prescribe two or
not less than such breadth, so however three lights to be carried in a vertical
that the light need not be placed at a line, they shall be spaced as follows:
212
(1) On a vessel of 20 meters in length (d) When only one masthead light is
or more such lights shall be spaced not prescribed for a power-driven vessel,
less than 1 meter apart, and the lowest this light must be exhibited forward of
of these lights shall, except where a amidships. For a vessel of less than 20
towing light is required, be placed at a meters in length, the vessel shall ex-
height of not less than 4 meters above hibit one masthead light as far forward
the hull; as is practicable.
(2) On a vessel of less than 20 meters (e) On power-driven vessels 50 meters
in length such lights shall be spaced but less than 60 meters in length oper-
not less than 1 meter apart and the ated on the Western Rivers, and those
lowest of these lights shall, except waters specified in 89.25, the hori-
where a towing light is required, be
zontal distance between masthead
placed at a height of not less than 2
lights shall not be less than 10 meters.
meters above the gunwale;
(3) When three lights are carried they [CGD 81008, 46 FR 62447, Dec. 24, 1981, as
shall be equally spaced. amended by CGD 8807, 53 FR 10533, April 1,
(j) The lower of the two all-round 1988; CGD 94011, 63 FR 5731, Feb. 4, 1998]
lights prescribed for a vessel when en-
gaged in fishing shall be a height above 84.07 Details of location of direction-
the sidelights not less than twice the indicating lights for fishing vessels,
distance between the two vertical dredgers and vessels engaged in un-
derwater operations.
lights.
(k) The forward anchor light pre- (a) The light indicating the direction
scribed in Rule 30(a)(i), when two are of the outlying gear from a vessel en-
carried, shall not be less than 4.5 me- gaged in fishing as prescribed in Rule
ters above the after one. On a vessel of 26(c)(ii) shall be placed at a horizontal
50 meters or more in length this for- distance of not less than 2 meters and
ward anchor light shall be placed at a not more than 6 meters away from the
height or not less than 6 meters above two all-round red and white lights.
the hull. This light shall be placed not higher
[CGD 81008, 46 FR 62447, Dec. 24, 1981, as than the all-round white light pre-
amended by CGD 89024, 55 FR 3947, Feb. 6, scribed in Rule 26(c)(i) and not lower
1990] than the sidelights.
(b) The lights and shapes on a vessel
84.05 Horizontal positioning and engaged in dredging or underwater op-
spacing of lights.
erations to indicate the obstructed side
(a) Except as specified in paragraph and/or the side on which it is safe to
(e) of this section, when two masthead pass, as prescribed in Rule 27(d)(i) and
lights are prescribed for a power-driven (ii), shall be placed at the maximum
vessel, the horizontal distance between practical horizontal distance, but in no
them must not be less than one quarter case less than 2 meters, from the lights
of the length of the vessel but need not or shapes prescribed in Rule 27(b)(i) and
be more than 50 meters. The forward (ii). In no case shall the upper of these
light must be placed not more than one lights or shapes be at a greater height
half of the length of the vessel from the
than the lower of the three lights or
stem.
shapes prescribed in Rule 27(b)(i) and
(b) On a power-driven vessel of 20 me-
(ii).
ters or more in length the sidelights
shall not be placed in front of the for- 84.09 Screens.
ward masthead lights. They shall be
placed at or near the side of the vessel. (a) The sidelights of vessels of 20 me-
(c) When the lights prescribed in Rule ters or more in length shall be fitted
27(b)(i) are placed vertically between with mat black inboard screens and
the forward masthead light(s) and the meet the requirements of 84.17. On
after masthead light(s) these all-round vessels of less than 20 meters in length,
lights shall be placed at a horizontal the sidelights, if necessary to meet the
requirements of 84.17, shall be fitted
distance of not less than 2 meters from

the fore and aft centerline of the vessel with mat black inboard screens. With a
in the athwartship direction. combined lantern, using a single
213
84.11 33 CFR Ch. I (7110 Edition)
vertical filament and a very narrow di- (b) The boundaries of the area for
vision between the green and red sec- each color are given by indicating the
tions, external screens need not be corner co-ordinates, which are as fol-
fitted. lows:
(b) On power-driven vessels less than (1) White:
12 meters in length constructed after x 0.525 0.525 0.452 0.310 0.310 0.443
July 31, 1983, the masthead light, or the y 0.382 0.440 0.440 0.348 0.283 0.382
all-round light described in Rule 23(c)
shall be screened to prevent direct illu- (2) Green:
mination of the vessel forward of the x 0.028 0.009 0.300 0.203
operators position. y 0.385 0.723 0.511 0.356
84.11 Shapes. (3) Red:

(a) Shapes shall be black and of the x 0.680 0.660 0.735 0.721
following sizes: y 0.320 0.320 0.265 0.259
(1) A ball shall have a diameter of not (4) Yellow:
less than 0.6 meter;
x 0.612 0.618 0.575 0.575
(2) A cone shall have a base diameter y 0.382 0.382 0.425 0.406
of not less than 0.6 meter and a height
equal to its diameter; [CGD81008, 46 FR 62447, Dec. 24, 1981, as
(3) A diamond shape shall consist of amended at 69 FR 18803, Apr. 9, 2004; USCG
200418057, 69 FR 34925, June 23, 2004; USCG
two cones (as defined in paragraph
20080179, 73 FR 35002, June 19, 2008; USCG
(a)(2) of this section) having a common 20100351, 75 FR 36281, June 25, 2010]
base.
(b) The vertical distance between 84.15 Intensity of lights.
shapes shall be at least 1.5 meter. (a) The minimum luminous intensity
(c) In a vessel of less than 20 meters
of lights shall be calculated by using
in length shapes of lesser dimensions
the formula:
but commensurate with the size of the
vessel may be used and the distance I=3.43106TD2KD
apart may be correspondingly reduced. where I is luminous intensity in candelas
under service conditions,
84.13 Color specification of lights. T is threshold factor 2107 lux,
(a) The chromaticity of all naviga- D is range of visibility (luminous range) of
tion lights shall conform to the fol- the light in nautical miles,
lowing standards, which lie within the K is atmospheric transmissivity. For pre-
scribed lights the value of K shall be 0.8,
boundaries of the area of the diagram
corresponding to a meteorological visi-
specified for each color by the Inter- bility of approximately 13 nautical miles.
national Commission on Illumination
(CIE), in the Colors of Light Signals, (b) A selection of figures derived
which is incorporated by reference. It from the formula is given in Table
is Publication CIE No. 2.2. (TC1.6), 84.15(b):
1975, and is available from the Illu-
TABLE 84.15(B)
mination Engineering Society, 345 East
47th Street, New York, NY 10017 and is Minimum lumi-
available for inspection at the Coast Range of visibility (luminous range) of nous intensity of
light in nautical miles D light in candelas
Guard, Ocean Engineering Division for K=0.8 I
(CG-432), (CG432), 2100 2nd St., SW.,
1 ................................................................. 0.9
Stop 7901, Washington, DC 205937901. It 2 ................................................................. 4.3
is also available for inspection at the 3 ................................................................. 12
National Archives and Records Admin- 4 ................................................................. 27
5 ................................................................. 52
istration (NARA). For information on 6 ................................................................. 94
the availability of this material at
NARA, call 2027416030, or go to: http://
www.archives.gov/federallregister/ 84.17 Horizontal sectors.
codeloflfederallregulations/ (a)(1) In the forward direction,
sidelights as fitted on the vessel shall
ibrllocations.html. This incorporation

by reference was approved by the Di- show the minimum required inten-
rector of the Federal Register. sities. The intensities shall decrease to
214
reach practical cut-off between 1 and 3 (2) At least 50 percent of the required
degrees outside the prescribed sectors. minimum intensity is maintained from
(2) For sternlights and masthead 25 degrees above to 25 degrees below
lights and at 22.5 degrees abaft the the horizontal.
beam for sidelights, the minimum re- (c) In the case of unmanned barges
quired intensities shall be maintained the minimum required intensity of
over the arc of the horizon up to 5 de- electric lights as fitted shall be main-
grees within the limits of the sectors tained on the horizontal.
prescribed in Rule 21. From 5 degrees (d) In the case of lights other than
within the prescribed sectors the inten- electric lights these specifications
sity may decrease by 50 percent up to
shall be met as closely as possible
the prescribed limits; it shall decrease
steadily to reach practical cut-off at [CGD 81008, 46 FR 62447, Dec. 24, 1981, as
not more than 5 degrees outside the amended by CGD 89024, 55 FR 3947, Feb. 6,
prescribed sectors. 1990]
(b) All-round lights shall be so lo-
cated as not to be obscured by masts, 84.21 Intensity of non-electric lights.
topmasts or structures within angular Non-electric lights shall so far as
sectors of more than 6 degrees, except practicable comply with the minimum
anchor lights prescribed in Rule 30, intensities, as specified in the Table
which need not be placed at an imprac- given in 84.15.
ticable height above the hull, and the
all-round white light described in Rule 84.23 Maneuvering light.
23(d), which may not be obscured at all. Notwithstanding the provisions of
(c) If it is impracticable to comply
84.03(f), the maneuvering light de-
with paragraph (b) of this section by
scribed in Rule 34(b) shall be placed ap-
exhibiting only one all-round light, two
proximately in the same fore and aft
all-round lights shall be used suitably
vertical plane as the masthead light or
positioned or screened to appear, as far
lights and, where practicable, at a min-
as practicable, as one light at a min-
imum height of one-half meter
imum distance of one nautical mile.
vertically above the forward masthead
NOTE TO PARAGRAPH (c): Tow unscreened light, provided that it shall be carried
all-round lights that are 1.28 meters apart or not less than one-half meter vertically
less will appear as one light to the naked eye above or below the after masthead
at a distance of one nautical mile.
light. On a vessel where only one mast-
[CGD 81008, 46 FR 62447, Dec. 24, 1981, as head light is carried the maneuvering
amended by CGD 94011, 63 FR 5731, Feb. 4, light, if fitted, shall be carried where it
1998]
can best be seen, not less than one-half
84.19 Vertical sectors. meter vertically apart from the mast-
head light.
(a) The vertical sectors of electric
lights as fitted, with the exception of 84.24 High-speed craft.
lights on sailing vessels underway and
on unmanned barges, shall ensure that: (a) The masthead light of high-speed
(1) At least the required minimum in- craft with a length to breadth ratio of
tensity is maintained at all angles less than 3.0 may be placed at a height
from 5 degrees above to 5 degrees below related to the breadth lower than that
the horizontal; prescribed in 84.03(a)(1), provided that
(2) At least 60 percent of the required the base angle of the isosceles triangle
minimum intensity is maintained from formed by the side lights and masthead
7.5 degrees above to 7.5 degrees below light when seen in end elevation is not
the horizontal. less than 27 degrees as determined by
(b) In the case of sailing vessels un- the formula in paragraph (b) of this
derway the vertical sectors of electric section.
lights as fitted shall ensure that: (b) The minimum height of masthead
(1) At least the required minimum in- light above sidelights is to be deter-
tensity is maintained at all angles mined by the following formula: Tan

from 5 degrees above to 5 degrees below 27=X/Y; where Y is the horizontal dis-
the horizontal; tance between the sidelights and X is
215
84.25 33 CFR Ch. I (7110 Edition)
the height of the forward masthead (2) When shooting or hauling their
light. nets or when their nets have come fast
[CGD 94011, 63 FR 5731, Feb. 4, 1998. Redesig-
upon an obstruction, the lights pre-
nated by USCG19995832, 64 FR 34712, June scribed in paragraph (a) of this section.
29, 1999]
85.5 Signals for purse seiners.
84.25 Approval. Vessels engaged in fishing with purse
The construction of lights and shapes seine gear may exhibit two yellow
and the installation of lights on board lights in a vertical line. These lights
the vessel must satisfy the Com- shall flash alternately every second
mandant, U.S. Coast Guard. and with equal light and occultation
[USCG19996580, 66 FR 55091, Nov. 1, 2001] duration. These lights may be exhib-
ited only when the vessel is hampered
by its fishing gear.
PART 85ANNEX II: ADDITIONAL
SIGNALS FOR FISHING VESSELS
FISHING IN CLOSE PROXIMITY PART 86ANNEX III: TECHNICAL
DETAILS OF SOUND SIGNAL AP-
Sec. PLIANCES
85.1 General.
85.3 Signals for trawlers. Subpart AWhistles
85.5 Signals for purse seiners.
Sec.
AUTHORITY: Sec. 3, Pub. L. 96591; 49 CFR
1.46(n)(14). 86.01 Frequencies and range of audibility.
86.03 Limits of fundamental frequencies.
SOURCE: CGD 81006, 46 FR 61845, Dec. 21, 86.05 Sound signal intensity and range of
1981, unless otherwise noted. audibility.
86.07 Directional properties.
85.1 General.
86.09 Positioning of whistles.
The lights mentioned herein shall, if 86.11 Fitting of more than one whistle.
exhibited in pursuance of Rule 26(d), be 86.13 Combined whistle systems.
placed where they can best be seen. 86.15 Towing vessel whistles.
They shall be at least 0.9 meter apart
but at a lower level than lights pre- Subpart BBell or Gong
scribed in Rule 26(b)(i) and (c)(i) con-
86.21 Intensity of signal.
tained in the Inland Navigational
86.23 Construction.
Rules Act of 1980, as amended (33 U.S.C.
2001 et seq.). The lights shall be visible Subpart CApproval
all around the horizon at a distance of
at least 1 mile but at a lesser distance 86.31 Approval. [Reserved]
from the lights prescribed by these AUTHORITY: Sec. 3, Pub. L. 96591; 49 CFR
Rules for fishing vessels. 1.46(n)(14).
85.3 Signals for trawlers. SOURCE: CGD 81009, 46 FR 61848, Dec. 21,
(a) Vessels when engaged in trawling,
whether using demersal or pelagic
gear, may exhibit: Subpart AWhistles
(1) When shooting their nets: two
white lights in a vertical line; 86.01 Frequencies and range of audi-
bility.
(2) When hauling their nets: one
white light over one red light in a The fundamental frequency of the
vertical line; signal shall lie within the range 70525
(3) When the net has come fast upon Hz. The range of audibility of the sig-
an obstruction: two red lights in a nal from a whistle shall be determined
vertical line. by those frequencies, which may in-
(b) Each vessel engaged in pair trawl- clude the fundamental and/or one or
ing may exhibit: more higher frequencies, which lie
(1) By night, a searchlight directed within the frequency ranges and pro-
forward and in the direction of the vide the sound pressure levels specified
other vessel of the pair; in 86.05.
216
86.03 Limits of fundamental fre- 86.05 Sound signal intensity and

quencies. range of audibility.
To ensure a wide variety of whistle A whistle on a vessel shall provide, in
characteristics, the fundamental fre- the direction of the forward axis of the
quency of a whistle shall be between whistle and at a distance of 1 meter
the following limits: from it, a sound pressure level in at
(a) 70200 Hz, for a vessel 200 meters least one 13-octave band of not less
or more in length; than the appropriate figure given in
Table 86.05 within the following fre-
(b) 130350 Hz, for a vessel 75 meters
quency ranges (1 percent):
but less than 200 meters in length;
(a) 1301200 Hz, for a vessel 75 meters
(c) 250525 Hz, for a vessel less than 75 or more in length;
meters in length. (b) 2501600 Hz, for a vessel 20 meters
but less than 75 meters in length;
(c) 2502100 Hz, for a vessel 12 meters
but less than 20 meters in length.
TABLE 86.05
13-octave band
Fundamental For measured level at 1 meter in Audibility range in

Length of vessel in meters frequency range (Hz) frequencies (Hz) dB referred to nautical miles
210 5 N/m2
........................................ 130180 145 ..............................

200 or more ......................................... 70200 180250 143 2
........................................ 2501200 140 ..............................
........................................ 130180 140 ..............................
75 but less than 200 ........................... 130350 180250 138 1.5
........................................ 2501200 134 ..............................
........................................ 250450 130 ..............................
20 but less than 75 ............................. 250525 450800 125 1.0
........................................ 8001600 121 ..............................
........................................ 250450 120 ..............................
12 but less than 20 ............................. 250525 450800 115 0.5
........................................ 8002100 111 ..............................
NOTE. The range of audibility in the table above is for information and is approximately the range at which a whistle may usu-
ally be heard on its forward axis in conditions of still air on board a vessel having average background noise level at the listening
posts (taken to be 68 dB in the octave band centered on 250 Hz and 63 dB in the octave band centered on 500 Hz).
In practice the range at which a whistle may be heard is extremely variable and depends critically on weather conditions; the
values given can be regarded as typical but under conditions of strong wind or high ambient noise level at the listening post the
range may be much reduced.
86.07 Directional properties. 86.09 Positioning of whistles.

The sound pressure level of a direc- (a) When a directional whistle is to
tional whistle shall be not more than 4 be used as the only whistle on the ves-
dB below the sound pressure level spec- sel and is permanently installed, it
ified in 86.05 in any direction in the shall be installed with its forward axis
horizontal plane within 45 degrees of directed forward.
the forward axis. The sound pressure (b) A whistle shall be placed as high
level of the whistle in any other direc- as practicable on a vessel, in order to
tion in the horizontal plane shall not reduce interception of the emitted
be more than 10 dB less than the sound sound by obstructions and also to mini-
pressure level specified for the forward mize hearing damage risk to personnel.
axis, so that the range of audibility in The sound pressure level of the vessels
any direction will be at least half the own signal at listening posts shall not
range required on the forward axis. The exceed 110 dB(A) and so far as prac-
sound pressure level shall be measured ticable should not exceed 100 dB(A).
in that one-third octave band which de-
termines the audibility range.
217
86.11 33 CFR Ch. I (7110 Edition)
86.11 Fitting of more than one whis- 86.23 Construction.

tle. Bells and gongs shall be made of cor-
If whistles are fitted at a distance rosion-resistant material and designed
apart of more than 100 meters, they to give a clear tone. The diameter of
shall not be sounded simultaneously. the mouth of the bell shall be not less
than 300 mm for vessels of more than 20
86.13 Combined whistle systems. meters in length, and shall be not less
(a) A combined whistle system is a than 200 mm for vessels of 12 to 20 me-
number of whistles (sound emitting ters in length. The mass of the striker
shall be not less than 3 percent of the
sources) operated together. For the
mass of the bell. The striker shall be
purposes of the Rules a combined whis-
capable of manual operation. Note:
tle system is to be regarded as a single When practicable, a power-driven bell
whistle. striker is recommended to ensure con-
(b) The whistles of a combined sys- stant force.
tem shall:
(1) Be located at a distance apart of Subpart CApproval
not more than 100 meters,
(2) Be sounded simultaneously, 86.31 Approval. [Reserved]
(3) Each have a fundamental fre-
quency different from those of the oth- PART 87ANNEX IV: DISTRESS
ers by at least 10 Hz, and SIGNALS
(4) Have a tonal characteristic appro-
priate for the length of vessel which Sec.
shall be evidenced by at least two- 87.1 Need of assistance.
thirds of the whistles in the combined 87.3 Exclusive use.
system having fundamental fre- 87.5 Supplemental signals.
quencies falling within the limits pre- AUTHORITY: 33 U.S.C. 2071; 49 CFR 1.46.
scribed in 86.03, or if there are only
two whistles in the combined system, 87.1 Need of assistance.
by the higher fundamental frequency The following signals, used or exhib-
falling within the limits prescribed in ited either together or separately, indi-
86.03. cate distress and need of assistance:
(a) A gun or other explosive signal
NOTE: If due to the presence of obstruc- fired at intervals of about a minute.
tions the sound field of a single whistle or of
(b) A continuous sounding with any
one of the whistles referred to in 86.11 is
fog-signaling apparatus;
likely to have a zone of greatly reduced sig-
nal level, a combined whistle system should
(c) Rockets or shells, throwing red
be fitted so as to overcome this reduction. stars fired one at a time at short inter-
vals;
86.15 Towing vessel whistles. (d) A signal made by radiotelegraphy
or by any other signaling method con-
A power-driven vessel normally en- sisting of the group . . . . . .
gaged in pushing ahead or towing (SOS) in the Morse Code,
alongside may, at all times, use a whis- (e) A signal sent by radiotelephony
tle whose characteristic falls within consisting of the spoken word May-
the limits prescribed by 86.03 for the day;
longest customary composite length of (f) The International Code Signal of
the vessel and its tow. distress indicated by N.C.
(g) A signal consisting of a square
Subpart BBell or Gong flag having above or below it a ball or
anything resembling a ball;
86.21 Intensity of signal. (h) Flames on the vessel (as from a
burning tar barrel, oil barrel, etc.);
A bell or gong, or other device having
(i) A rocket parachute flare or a hand
similar sound characteristics shall
flare showing a red light;

produce a sound pressure level of not (j) A smoke signal giving off orange-
less than 110 dB at 1 meter. colored smoke;
218
(k) Slowly and repeatedly raising and SOURCE: CGD 80158, 47 FR 16175, Apr. 15,
lowering arms outstretched to each 1982, unless otherwise noted.
side;
(l) The radiotelegraph alarm signal; 88.01 Purpose and applicability.
(m) The radiotelephone alarm signal; This part applies to all vessels oper-
(n) Signals transmitted by emer- ating on United States inland waters
gency position-indicating radio bea- and to United States vessels operating
cons; on the Canadian waters of the Great
(o) Signals transmitted by Lakes to the extent there is no conflict
radiocommunication systems, includ- with Canadian law.
ing survival craft radar transponders
meeting the requirements of 47 CFR 88.03 Definitions.
80.1095. The terms used in this part have the
(p) A high intensity white light flash- same meaning as defined in the Inland
ing at regular intervals from 50 to 70 Navigational Rules Act of 1980.
times per minute.
88.05 Copy of rules.
[CGD 81007, 47 FR 16174, Apr. 15, 1982, as
amended by CGD 89024, 55 FR 3947, Feb. 6, The operator of each self-propelled
1990; CGD 94011, 63 FR 5732, Feb. 4, 1998] vessel 12 meters or more in length shall
carry on board and maintain for ready
87.3 Exclusive use. reference a copy of the Inland Naviga-
The use or exhibition of any of the tion Rules.
foregoing signals except for the pur-
[USCG200521531, 70 FR 36349, June 23, 2005]
pose of indicating distress and need of
assistance and the use of other signals 88.09 Temporary exemption from
which may be confused with any of the light and shape requirements when
above signals is prohibited. operating under bridges.
[CGD 81007, 47 FR 16174, Apr. 15, 1982] A vessels navigation lights and
shapes may be lowered if necessary to
87.5 Supplemental signals. pass under a bridge.
Attention is drawn to the relevant
sections of the International Code of 88.11 Law enforcement vessels.
Signals, the Merchant Ship Search and (a) Law enforcement vessels may dis-
Rescue Manual, the International Tele- play a flashing blue light when engaged
communication Union Radio Regula- in direct law enforcement or public
tions and the following signals: safety activities. This light must be lo-
(a) A piece of orange-colored canvas cated so that it does not interfere with
with either a black square and circle or the visibility of the vessels navigation
other appropriate symbol (for identi- lights.
fication from the air); (b) The blue light described in this
(b) A dye marker. section may be displayed by law en-
[CGD 81007, 47 FR 16174, Apr. 15, 1982, as forcement vessels of the United States
amended by CGD 89024, 55 FR 3947, Feb. 6, and the States and their political sub-
1990] divisions.
[CGD 80158, 47 FR 16175, Apr. 15, 1982, as
PART 88ANNEX V: PILOT RULES amended by CGD 90032, 56 FR 33385, July 22,
1991]
Sec.
88.01 Purpose and applicability. 88.12 Public safety activities.
88.03 Definitions. (a) Vessels engaged in government
88.05 Copy of rules.
sanctioned public safety activities, and
88.09 Temporary exemption from light and
shape requirements when operating commercial vessels performing similar
under bridges. functions, may display an alternately
88.11 Law enforcement vessels. flashing red and yellow light signal.
88.12 Public safety activities. This identification light signal must be
88.13 Lights on moored barges.
located so that it does not interfere

88.15 Lights on dredge pipelines. with the visibility of the vessels navi-
AUTHORITY: 33 U.S.C. 2071. gation lights. The identification light
219
88.13 33 CFR Ch. I (7110 Edition)
signal may be used only as an identi- sels normally navigate on both sides of
fication signal and conveys no special the group, lights shall be placed to
privilege. Vessels using the identifica- mark the corner extremities of the
tion light signal during public safety group.
activities must abide by the Inland (d) The following are exempt from
Navigation Rules, and must not pre- the requirements of this section:
sume that the light or the exigency (1) A barge or group of barges moored
gives them precedence or right of way. in a slip or slough used primarily for
(b) Public safety activities include mooring purposes.
but are not limited to patrolling ma- (2) A barge or group of barges moored
rine parades, regattas, or special water behind a pierhead.
celebrations; traffic control; salvage; (3) A barge less than 20 meters in
firefighting; medical assistance; assist- length when moored in a special an-
ing disabled vessels; and search and chorage area designated in accordance
rescue. with 109.10 of this chapter.
[CGD 90032, 56 FR 33386, July 22, 1991] (e) Barges moored in well-illumi-
nated areas are exempt from the light-
88.13 Lights on moored barges. ing requirements of this section. These
(a) The following barges shall display areas are as follows:
at night and if practicable in periods of
restricted visibility the lights de- CHICAGO SANITARY SHIP CANAL
scribed in paragraph (b) of this section: (1) Mile 293.2 to 293.9
(1) Every barge projecting into a (3) Mile 295.2 to 296.1
buoyed or restricted channel. (5) Mile 297.5 to 297.8
(2) Every barge so moored that it re- (7) Mile 298 to 298.2
(9) Mile 298.6 to 298.8
duces the available navigable width of (11) Mile 299.3 to 299.4
any channel to less than 80 meters. (13) Mile 299.8 to 300.5
(3) Barges moored in groups more (15) Mile 303 to 303.2
than two barges wide or to a maximum (17) Mile 303.7 to 303.9
width of over 25 meters. (19) Mile 305.7 to 305.8
(4) Every barge not moored parallel (21) Mile 310.7 to 310.9
to the bank or dock. (23) Mile 311 to 311.2
(b) Barges described in paragraph (a) (25) Mile 312.5 to 312.6
(27) Mile 313.8 to 314.2
of this section shall carry two unob-
(29) Mile 314.6
structed all-round white lights of an (31) Mile 314.8 to 315.3
intensity to be visible for at least 1 (33) Mile 315.7 to 316
nautical mile and meeting the tech- (35) Mile 316.8
nical requirements as prescribed in (37) Mile 316.85 to 317.05
84.15 of this chapter. (39) Mile 317.5
(c) A barge or group of barges at an- (41) Mile 318.4 to 318.9
chor or made fast to one or more moor- (43) Mile 318.7 to 318.8
(45) Mile 320 to 320.3
ing buoys or other similar device, in (47) Mile 320.6
lieu of the provisions of Inland Naviga- (49) Mile 322.3 to 322.4
tion Rule 30, may carry unobstructed (51) Mile 322.8
all-round white lights of an intensity (53) Mile 322.9 to 327.2
to be visible for at least 1 nautical mile
CALUMET SAG CHANNEL
that meet the requirements of 84.15 of
this chapter and shall be arranged as (61) Mile 316.5
follows: LITTLE CALUMET RIVER
(1) Any barge that projects from a
group formation, shall be lighted on its (71) Mile 321.2
outboard corners. (73) Mile 322.3
(2) On a single barge moored in water CALUMET RIVER
where other vessels normally navigate
(81) Mile 328.5 to 328.7
on both sides of the barge, lights shall (83) Mile 329.2 to 329.4
be placed to mark the corner extrem- (85) Mile 330 west bank to 330.2
ities of the barge. (87) Mile 331.4 to 331.6

(3) On barges moored in group forma- (89) Mile 332.2 to 332.4
tion, moored in water where other ves- (91) Mile 332.6 to 332.8
220
CUMBERLAND RIVER Subpart BWaters Upon Which Certain
(101) Mile 126.8 Inland Navigation Rules Apply
(103) Mile 191
89.21 Purpose.
[CGD 80158, 47 FR 16175, Apr. 15, 1982, as 89.23 Definitions.
amended by CGD 94011, 63 FR 5732, Feb. 4, 89.25 Waters upon which Inland Rules
1998] 9(a)(ii), 14(d), and 15(b) apply.
89.27 Waters upon which Inland Rule 24(i)
88.15 Lights on dredge pipelines. applies.
Dredge pipelines that are floating or AUTHORITY: 33 U.S.C. 2071; 49 CFR
supported on trestles shall display the 1.46(n)(14).
following lights at night and in periods SOURCE: CGD 80157, 47 FR 13801, Apr. 1,
of restricted visibility. 1982, unless otherwise noted.
(a) One row of yellow lights. The
lights must be:
Subpart ACertificate of
(1) Flashing 50 to 70 times per
minute,
Alternative Compliance
(2) Visible all around the horizon, 89.1 Definitions.
(3) Visible for at least 2 miles on a
clear dark night, As used in this subpart:
(4) Not less than 1 and not more than Inland Rules refers to the Inland
3.5 meters above the water, Navigation Rules contained in the In-
(5) Approximately equally spaced, land Navigational Rules Act of 1980
and (Pub. L. 96591) and the technical an-
(6) Not more than 10 meters apart nexes established under that act.
where the pipeline crosses a navigable A vessel of special construction or pur-
channel. Where the pipeline does not pose means a vessel designed or modi-
cross a navigable channel the lights fied to perform a special function and
must be sufficient in number to clearly whose arrangement is thereby made
show the pipelines length and course. relatively inflexible.
(b) Two red lights at each end of the Interference with the special function of
pipeline, including the ends in a chan- the vessel occurs when installation or
nel where the pipeline is separated to use of lights, shapes, or sound-sig-
allow vessels to pass (whether open or naling appliances under the Inland
closed). The lights must be: Rules prevents or significantly hinders
(1) Visible all around the horizon, and the operation in which the vessel is
(2) Visible for at least 2 miles on a usually engaged.
clear dark night, and [CGD 80157, 47 FR 13801, Apr. 1, 1982, as
(3) One meter apart in a vertical line amended by CGD 83028, 49 FR 33876, Aug. 27,
with the lower light at the same height 1984]
above the water as the flashing yellow
light. 89.3 General.
Vessels of special construction or
PART 89INLAND NAVIGATION purpose which cannot fully comply
RULES: IMPLEMENTING RULES with the light, shape, and sound signal
provisions of the Inland Rules without
Subpart ACertificate of Alternative interfering with their special function
Compliance may instead meet alternative require-
ments. The Chief of the Marine Safety
Sec. Division in each Coast Guard District
89.1 Definitions. Office makes this determination and
89.3 General. requires that alternative compliance
89.5 Application for a Certificate of Alter- be as close as possible with the Inland
native Compliance.
Rules. These regulations set out the
89.9 Certificate of Alternative Compliance:
Contents. procedure by which a vessel may be
89.17 Certificate of Alternative Compliance: certified for alternative compliance.
Termination. The information collection and record-

89.18 Record of certification of vessels of keeping requirements in 89.5 and
special construction or purpose. 89.18 have been approved by the Office
221
of Management and Budget under OMB (i) The required installation of the
control No. 16250019. equipment under the Inland Rules,
[CGD 80157, 47 FR 13801, Apr. 1, 1982, as (ii) The proposed installation of the
amended by USCG200625150, 71 FR 39208, equipment for which certification is
July 12, 2006] being sought, and
(iii) Any obstructions that may
89.5 Application for a Certificate of interfere with the equipment when in-
Alternative Compliance. stalled in:
(a) The owner, builder, operator, or (A) The required location; and
agent of a vessel of special construc- (B) The proposed location.
tion or purpose who believes the vessel (b) The Coast Guard may request
cannot fully comply with the Inland from the applicant additional informa-
Rules light, shape, or sound signal pro- tion concerning the application.
visions without interference with its
[CGD 80157, 47 FR 13801, Apr. 1, 1982; 47 FR
special function may apply for a deter-
18332, Apr. 29, 1982]
mination that alternative compliance
is justified. The application must be in 89.9 Certificate of Alternative Com-
writing, submitted to the Chief of the pliance: Contents.
Marine Safety Division of the Coast
The Chief of the Marine Safety Divi-
Guard District in which the vessel is
sion issues the Certificate of Alter-
being built or operated, and include the
native Compliance to the vessel based
following information:
on a determination that it cannot com-
(1) The name, address, and telephone
ply fully with Inland Rules light,
number of the applicant.
shape, and sound signal provisions
(2) The identification of the vessel by
without interference with its special
its:
function. This Certificate includes:
(i) Official number;
(ii) Shipyard hull number; (a) Identification of the vessel as sup-
(iii) Hull identification number; or plied in the application under
(iv) State number, if the vessel does 89.5(a)(2);
not have an official number or hull (b) The provision of the Inland Rules
identification number. for which the Certificate authorizes al-
(3) Vessel name and home port, if ternative compliance;
known. (c) A certification that the vessel is
(4) A description of the vessels area unable to comply fully with the Inland
of operation. Rules light, shape, and sound signal re-
(5) A description of the provision for quirements without interference with
which the Certificate of Alternative its special function;
Compliance is sought, including: (d) A statement of why full compli-
(i) The Inland Rules Rule or Annex ance would interfere with the special
section number for which the Certifi- function of the vessel;
cate of Alternative Compliance is (e) The required alternative installa-
sought; tion;
(ii) A description of the special func- (f) A statement that the required al-
tion of the vessel that would be inter- ternative installation is in the closest
fered with by full compliance with the possible compliance with the Inland
provision of that Rule or Annex sec- Rules without interfering with the spe-
tion; and cial function of the vessel;
(iii) A statement of how full compli- (g) The date of issuance;
ance would interfere with the special (h) A statement that the Certificate
function of the vessel. of Alternative Compliance terminates
(6) A description of the alternative when the vessel ceases to be usually
installation that is in closest possible engaged in the operation for which the
compliance with the applicable Inland certificate is issued.
Navigation Rules Rule or Annex sec-
tion. 89.17 Certificate of Alternative Com-
pliance: Termination.
(7) A copy of the vessels plans or an

accurate scale drawing that clearly The Certificate of Alternative Com-
shows: pliance terminates if the information
222
supplied under 89.5(a) or the Certifi- 89.25 Waters upon which Inland
cate issued under 89.9 is no longer ap- Rules 9(a)(ii), 14(d), and 15(b) apply.
plicable to the vessel. Inland Rules 9(a)(ii), 14(d), and 15(b)
apply on the Great Lakes, the Western
89.18 Record of certification of ves- Rivers, and the following specified wa-
sels of special construction or pur-
pose. ters:
(a) Tennessee-Tombigbee Waterway.
(a) Copies of Certificates of Alter- (b) Tombigbee River.
native Compliance and documentation (c) Black Warrior River.
concerning Coast Guard vessels are (d) Alabama River.
available for inspection at the offices (e) Coosa River.
of Assistant Commandant for Marine (f) Mobile River above the Cochrane
Safety, Security and Environmental Bridge at St. Louis Point.
Protection, U.S. Coast Guard Head- (g) Flint River.
quarters, (CG5), 2100 2nd St. SW., Stop (h) Chattachoochee River.
7355, Washington, DC 205937355. (i) The Apalachicola River above its
(b) The owner or operator of a vessel confluence with the Jackson River.
issued a Certificate shall ensure that
[CGD 91050, 58 FR 27625, May 10, 1993]
the vessel does not operate unless the
Certificate of Alternative Compliance 89.27 Waters upon which Inland Rule
or a certified copy of that Certificate is 24(i) applies.
on board the vessel and available for (a) Inland Rule 24(i) applies on the
inspection by Coast Guard personnel. Western Rivers and the specified wa-
[CGD 80187, 47 FR 13801, Apr. 1, 1982, as ters listed in 89.25 (a) through (i).
amended by CGD 88052, 53 FR 25120, July 1, (b) Inland Rule 24(i) applies on the
1988; CGD 96026, 61 FR 33663, June 28, 1996; Gulf Intracoastal Waterway from St.
CGD 97023, 62 FR 33363, June 19, 1997; USCG Marks, Florida, to the Rio Grande,
200212471, 67 FR 41332, June 18, 2002; USCG Texas, including the Morgan City-Port
20100351, 75 FR 36281, June 25, 2010]
Allen Alternate Route and the Gal-
veston-Freeport Cutoff, except that a
Subpart BWaters Upon Which power-driven vessel pushing ahead or
Certain Inland Navigation towing alongside shall exhibit the
Rules Apply lights required by Inland Rule 24(c),
while transiting within the following
89.21 Purpose. areas:
Inland Navigation Rules 9(a)(ii), (1) St. Andrews Bay from the Hatha-
way Fixed Bridge at Mile 284.6 East of
14(d), and 15(b) apply to the Great
Harvey Locks (EHL) to the DuPont
Lakes, and along with 24(i), apply on
Fixed Bridge at Mile 295.4 EHL.
the Western Rivers as defined in
(2) Pensacola Bay, Santa Rosa Sound
Rule 3(1), and to additional specifically
and Big Lagoon from the Light 10 off
designated waters. The purpose of this
of Trout Point at Mile 176.9 EHL to the
Subpart is to specify those additional
Pensacola Fixed Bridge at Mile 189.1
waters upon which Inland Navigation
EHL.
Rules 9(a)(ii), 14(d), 15(b), and 24(i)
(3) Mobile Bay and Bon Secour Bay
apply.
from the Dauphin Island Causeway
[CGD 85081, 51 FR 4592, Feb. 6, 1986] Fixed Bridge at Mile 127.7 EHL to Lit-
tle Point Clear at Mile 140 EHL.
89.23 Definitions. (4) Mississippi Sound from Grand Is-
As used in this subpart: land Waterway Light 1 at Mile 53.8
Inland Rules refers to the Inland EHL to Light 40 off the West Point
Navigation Rules contained in the In- of Dauphin Island at Mile 118.7 EHL.
land Navigational Rules Act of 1980 (5) The Mississippi River at New Orle-
(Pub. L. 96591, 33 U.S.C. 2001 et. seq.) ans, Mississippi River-Gulf Outlet
Canal and the Inner Harbor Navigation
and the technical annexes established
Canal from the junction of the Harvey

under that Act.
Canal and the Algiers Alternate Route
[CGD 83028, 49 FR 33876, Aug. 27, 1984] at Mile 6.5 West of Harvey Locks
223
(WHL) to the Michoud Canal at Mile 18 SOURCE: CGD 83011, 48 FR 51622, Nov. 10,
EHL. 1983, unless otherwise noted.
(6) The Calcasieu River from the
90.1 Purpose.
Calcasieu Lock at Mile 238.6 WHL to
the Ellender Lift Bridge at Mile 243.6 This part contains the interpretative
WHL. rules for the Inland Rules. These inter-
(7) The Sabine Neches Canal from pretative rules are intended as a guide
mile 262.5 WHL to mile 291.5 WHL. to assist the public and promote com-
(8) Bolivar Roads from the Bolivar pliance with the Inland Rules.
Assembling Basin at Mile 346 WHL to
the Galveston Causeway Bridge at Mile 90.3 Pushing vessel and vessel being
pushed: Composite unit.
357.3 WHL.
(9) Freeport Harbor from Surfside Rule 24(b) of the Inland Rules states
Beach Fixed Bridge at Mile 393.8 WHL that when a pushing vessel and a vessel
to the Bryan Beach Pontoon Bridge at being pushed ahead are rigidly con-
Mile 397.6 WHL. nected in a composite unit, they are re-
(10) Matagorda Ship Channel area of garded as a power-driven vessel and
Matagorda Bay from Range K Front must exhibit the lights prescribed in
Light at Mile 468.7 WHL to the Port Rule 23. A composite unit is inter-
OConnor Jetty at Mile 472.2 WHL. preted to be the combination of a push-
(11) Corpus Christi Bay from Redfish ing vessel and a vessel being push
Bay Day Beacon 55 at Mile 537.4 ahead that are rigidly connected by
WHL when in the Gulf Intracoastal Wa- mechanical means so they react to sea
terway main route or from the north and swell as one vessel. Mechanical
end of Lydia Ann Island Mile 531.1A means does not include lines, wires,
when in the Gulf Intracoastal Water- hawsers, or chains.
way Alternate Route to Corpus Christi
90.5 Lights for moored vessels.
Bay LT 76 at Mile 543.7 WHL.
(12) Port Isabel and Brownsville Ship A vessel at anchor includes a vessel
Channel south of the Padre Island made fast to one or more mooring
Causeway Fixed Bridge at Mile 665.1 buoys or other similar device attached
WHL. to the ocean floor. Such vessels may be
lighted as a vessel at anchor in accord-
[CGD 91050, 58 FR 27625, May 10, 1993] ance with Rule 30, or may be lighted on
the corners in accordance with 33 CFR
PART 90INLAND RULES: 88.13.
INTERPRETATIVE RULES [CGD 94011, 63 FR 5732, Feb. 4, 1998]
Sec. 90.7 Sidelights for unmanned barges.

90.1 Purpose.
An unmanned barge being towed may
90.3 Pushing vessel and vessel being pushed:
Composite unit. use the exception of COLREGS Rule
90.5 Lights for moored vessels. 24(h). However, this exception only ap-
90.7 Sidelights for unmanned barges. plies to the vertical sector require-
ments for sidelights.
AUTHORITY: 33 U.S.C. 2071; 49 CFR
1.46(n)(14). [CGD 94011, 63 FR 5732, Feb. 4, 1998]
224
SUBCHAPTER FVESSEL OPERATING REGULATIONS
PART 95OPERATING A VESSEL jurisdiction of the United States, and

WHILE UNDER THE INFLUENCE OF to a vessel owned in the United States
ALCOHOL OR A DANGEROUS on the high seas. This includes a for-
eign vessel operated on waters subject
DRUG to the jurisdiction of the United
States.
Sec.
(b) This part is also applicable at all
95.001 Purpose.
95.005 Applicability. times to vessels inspected, or subject
95.010 Definition of terms as used in this to inspection, under Chapter 33 of Title
part. 46 United States Code.
95.015 Operating a vessel.
[CGD 84099, 52 FR 47532, Dec. 14, 1987; CGD
95.020 Standard for under the influence of
84009, 53 FR 13117, Apr. 21, 1988]
alcohol or a dangerous drug.
95.025 Adoption of State blood alcohol con-
centration levels.
95.010 Definition of terms as used in
95.030 Evidence of under the influence of al- this part.
cohol or a dangerous drug. Alcohol means any form or derivative
95.035 Reasonable cause for directing a of ethyl alcohol (ethanol).
chemical test. Alcohol concentration means either
95.040 Refusal to submit to testing.
grams of alcohol per 100 milliliters of
95.045 General operating rules for vessels in-
spected, or subject to inspection, under blood, or grams of alcohol per 210 liters
Chapter 33 of Title 46 United States Code. of breath.
95.050 Responsibility for compliance. Blood alcohol concentration level
means a certain percentage of alcohol
AUTHORITY: 33 U.S.C. 2071; 46 U.S.C. 2302;
Department of Homeland Security Delega- in the blood.
tion No. 0170.1. Chemical test means a test which ana-
lyzes an individuals breath, blood,
SOURCE: CGD 84099, 52 FR 47532, Dec. 14,
urine, saliva and/or other bodily fluids
or tissues for evidence of drug or alco-
95.001 Purpose. hol use.
Controlled substance has the same
(a) The purpose of this part is to es- meaning assigned by 21 U.S.C. 802 and
tablish under the influence of alcohol includes all substances listed on Sched-
or a dangerous drug standards under 46 ules I through V as they may be re-
U.S.C. 2302 and to prescribe restrictions vised from time to time (21 CFR Part
and responsibilities for personnel on 1308).
vessels inspected, or subject to inspec- Drug means any substance (other
tion, under Chapter 33 of Title 46 than alcohol) that has known mind or
United States Code. This part does not function-altering effects on a person,
pre-empt enforcement by a State of its specifically including any psychoactive
applicable laws and regulations con- substance, and including, but not lim-
cerning operating a recreational vessel ited to, controlled substances.
while under the influence of alcohol or Intoxicant means any form of alcohol,
a dangerous drug. drug or combination thereof.
(b) Nothing in this part shall be con- Law enforcement officer means a Coast
strued as limiting the authority of a Guard commissioned, warrant, or petty
vessels marine employer to limit or officer; or any other law enforcement
prohibit the use or possession of alco- officer authorized to obtain a chemical
hol on board a vessel. test under Federal, State, or local law.
[CGD 84099, 52 FR 47532, Dec. 14, 1987, as Marine employer means the owner,
amended by USCG19984593, 66 FR 1862, Jan. managing operator, charterer, agent,
10, 2001] master, or person in charge of a vessel
other than a recreational vessel.
95.005 Applicability. Recreational vessel means a vessel
(a) This part is applicable to a vessel meeting the definition in 46 U.S.C.

(except those excluded by 46 U.S.C. 2101(25) that is then being used only for
2109) operated on waters subject to the pleasure.
225
95.015 33 CFR Ch. I (7110 Edition)
State means a State or Territory of percent or more, by weight, in their

the United States of America including blood;
but not limited to a State of the (b) The individual is operating a ves-
United States, American Samoa, the sel other than a recreational vessel and
Commonwealth of the Northern Mari- has an alcohol concentration of .04 per-
anas Islands, District of Columbia, cent by weight or more in their blood;
Guam, Puerto Rico, and the United or,
States Virgin Islands. (c) The individual is operating any
Under the influence means impaired vessel and the effect of the intoxi-
or intoxicated by a drug or alcohol as cant(s) consumed by the individual on
a matter of law. the persons manner, disposition,
Underway means that a vessel is not speech, muscular movement, general
at anchor, or made fast to the shore, or
appearance or behavior is apparent by
aground.
observation.
Vessel includes every description of
watercraft or other artificial contriv- [CGD 84099, 52 FR 47532, Dec. 14, 1987; CGD
ance used, or capable of being used, as 84099, 53 FR 13117, April 21, 1988, as amended
a means of transportation on water. by USCG19984593, 66 FR 1862, Jan. 10, 2001]
Vessel owned in the United States
means any vessel documented or num- 95.025 Adoption of State blood alco-
bered under the laws of the United hol concentration levels.
States; and, any vessel owned by a cit- (a) This section applies to operators
izen of the United States that is not of recreational vessels on waters with-
documented or numbered by any na- in the geographical boundaries of any
tion. State that has established by statute a
Waters subject to the jurisdiction of the blood alcohol concentration level for
United States means those waters de- purposes of determining whether a per-
scribed in 2.38 of this chapter. son is operating a vessel under the in-
[CGD 84099, 52 FR 47532, Dec. 14, 1987; CGD fluence of alcohol.
84099, 53 FR 13117, April 21, 1988, as amended (b) If the applicable State statute es-
by USCG19984593, 66 FR 1862, Jan. 10, 2001; tablishes a blood alcohol concentration
USCG20019044, 68 FR 42601, July 18, 2003] level at which a person is considered or
presumed to be under the influence of
95.015 Operating a vessel.
alcohol, then that level applies within
For purposes of this part, an indi- the geographical boundaries of that
vidual is considered to be operating a State instead of the level provided in
vessel when: 95.020(a) of this part.
(a) The individual has an essential (c) For the purposes of this part, a
role in the operation of a recreational standard established by State statute
vessel underway, including but not lim- and adopted under this section is appli-
ited to navigation of the vessel or con- cable to the operation of any rec-
trol of the vessels propulsion system. reational vessel on waters within the
(b) The individual is a crewmember geographical boundaries of the State.
(including an officer), pilot, or
watchstander not a regular member of [CGD 84099, 52 FR 47532, Dec. 14, 1987, as
the crew, of a vessel other than a rec- amended by USCG19984593, 66 FR 1862, Jan.
reational vessel. 10, 2001]
[CGD 84099, 52 FR 47532, Dec. 14, 1987, as 95.030 Evidence of under the influ-
amended at USCG200624371, 74 FR 11211, ence of alcohol or a dangerous
Mar. 16, 2009] drug.
95.020 Standard for under the influ- Acceptable evidence of when a vessel
ence of alcohol or a dangerous operator is under the influence of alco-
drug. hol or a dangerous drug includes, but is
An individual is under the influence not limited to:
of alcohol or a dangerous drug when: (a) Personal observation of an indi-
(a) The individual is operating a rec- viduals manner, disposition, speech,

reational vessel and has a Blood Alco- muscular movement, general appear-
hol Concentration (BAC) level of .08 ance, or behavior; or,
226
(b) A chemical test. 95.045 General operating rules for

vessels inspected, or subject to in-
[CGD 84099, 53 FR 13117, April 21, 1988; CGD spection, under Chapter 33 of Title
84009, 53 FR 13117, Apr. 21, 1988, as amended 46 United States Code.
by USCG19984593, 66 FR 1862, Jan. 10, 2001]
While on board a vessel inspected, or
95.035 Reasonable cause for direct- subject to inspection, under Chapter 33
ing a chemical test. of Title 46 United States Code, a crew-
member (including an officer), pilot, or
(a) Only a law enforcement officer or
watchstander not a regular member of
a marine employer may direct an indi- the crew:
vidual operating a vessel to undergo a (a) Shall not perform or attempt to
chemical test when reasonable cause perform any scheduled duties within
exists. Reasonable cause exists when: four hours of consuming any alcohol;
(1) The individual was directly in- (b) Shall not be intoxicated at any
volved in the occurrence of a marine time;
casualty as defined in Chapter 61 of (c) Shall not consume any intoxicant
Title 46, United States Code, or while on watch or duty; and
(2) The individual is suspected of (d) May consume a legal non-pre-
being in violation of the standards in scription or prescription drug provided
95.020 or 95.025. the drug does not cause the individual
(b) When an individual is directed to to be intoxicated.
undergo a chemical test, the individual [CGD 84099, 52 FR 47532, Dec. 14, 1987, as
to be tested must be informed of that amended at USCG200624371, 74 FR 11211,
fact and directed to undergo a test as Mar. 16, 2009]
soon as is practicable.
95.050 Responsibility for compliance.
(c) When practicable, a marine em-
ployer should base a determination of (a) The marine employer shall exer-
the existence of reasonable cause, cise due diligence to assure compliance
under paragraph (a)(2) of this section, with the applicable provisions of this
part.
on observation by two persons.
(b) If the marine employer has reason
[CGD 84099, FR 47532, Dec. 14, 1987; CGD 84 to believe that an individual is intoxi-
099, 53 FR 13117, Apr. 1, 1988] cated, the marine employer shall not
allow that individual to stand watch or
95.040 Refusal to submit to testing. perform other duties.
(a) If an individual refuses to submit
to or cooperate in the administration PART 96RULES FOR THE SAFE OP-
of a timely chemical test when di- ERATION OF VESSELS AND SAFE-
rected by a law enforcement officer TY MANAGEMENT SYSTEMS
based on reasonable cause, evidence of
the refusal is admissible in evidence in Subpart AGeneral
any administrative proceeding and the
Sec.
individual will be presumed to be under 96.100 Purpose.
the influence of alcohol or a dangerous 96.110 Who does this subpart apply to?
drug. 96.120 Definitions.
(b) If an individual refuses to submit 96.130 Incorporation by reference.
to or cooperate in the administration
Subpart BCompany and Vessel Safety
of a timely chemical test when di- Management Systems
rected by the marine employer based
on reasonable cause, evidence of the re- 96.200 Purpose.
fusal is admissible in evidence in any 96.210 Who does this subpart apply to?
96.220 What makes up a safety management
administrative proceeding.
system?
[CGD 84099, 52 FR 47532, Dec. 14, 1987, as 96.230 What objectives must a safety man-
amended by USCG19984593, 66 FR 1862, Jan. agement system meet?
10, 2001] 96.240 What functional requirements must a
safety management system meet?

96.250 What documents and reports must a
safety management system have?
227
96.100 33 CFR Ch. I (7110 Edition)
Subpart CHow Will Safety Management Subpart AGeneral

Systems Be Certificated and Enforced?
96.100 Purpose.
96.300 Purpose.
96.310 Who does this subpart apply to? This subpart implements Chapter IX
96.320 What is involved to complete a safety of the International Convention for the
management audit and when is it re- Safety of Life at Sea (SOLAS), 1974,
quired to be completed? International Management Code for
96.330 Document of Compliance certificate: the Safe Operation of Ships and for
what is it and when is it needed? Pollution Prevention (International
96.340 Safety Management Certificate: what Safety Management (ISM) Code), as re-
is it and when is it needed? quired by 46 U.S.C. Chapter 32.
96.350 Interim Document of Compliance cer-
tificate: what is it and when can it be NOTE: Chapter IX of SOLAS is available
used? from the International Maritime Organiza-
96.360 Interim Safety Management Certifi- tion, Publication Section, 4 Albert Embank-
ment, London, SE1 75R, United Kingdom,
cate: what is it and when can it be used?
Telex 23588. Please include document ref-
96.370 What are the requirements for vessels erence number IMO190E in your request.
of countries not party to Chapter IX of
SOLAS? 96.110 Who does this subpart apply
96.380 How will the Coast Guard handle to?
compliance and enforcement of these
regulations? This subpart applies to you if
96.390 When will the Coast Guard deny (a) You are a responsible person who
entry into a U.S. port? owns a U.S. vessel(s) and must comply
with Chapter IX of SOLAS;
Subpart DAuthorization of Recognized (b) You are a responsible person who
Organizations To Act on Behalf of the U.S. owns a U.S. vessel(s) that is not re-
quired to comply with Chapter IX of
96.400 Purpose.
SOLAS, but requests application of
96.410 Who does this regulation apply to?
this subpart;
96.420 What authority may an organization
ask for under this regulation?
(c) You are a responsible person who
96.430 How does an organization submit a
owns a foreign vessel(s) engaged on a
request to be authorized? foreign voyage, bound for ports or
96.440 How will the Coast Guard decide places under the jurisdiction of the
whether to approve an organizations re- U.S., which must comply with Chapter
quest to be authorized? IX of SOLAS; or
96.450 What happens if the Coast Guard dis- (d) You are a recognized organization
approves an organizations request to be applying for authorization to act on be-
authorized? half of the U.S. to conduct safety man-
96.460 How will I know what the Coast agement audits and issue international
Guard requires of my organization if my convention certificates.
organization receives authorization?
96.470 How does the Coast Guard terminate 96.120 Definitions.
an organizations authorization?
(a) Unless otherwise stated in this
96.480 What is the status of a certificate if
the issuing organization has its author-
section, the definitions in Chapter IX,
ity terminated? Regulation 1 of the International Con-
96.490 What further obligations exist for my vention for the Safety of Life at Sea
organization if the Coast Guard termi- (SOLAS) apply to this part.
nates its authorization? (b) As used in this part
96.495 How can I appeal a decision made by Administration means the Govern-
an authorized organization? ment of the State whose flag the ship
is entitled to fly.
AUTHORITY: 46 U.S.C. 3201 et. seq.; 46 U.S.C.
3103; 46 U.S.C. 3316, 33 U.S.C. 1231; 49 CFR Authorized Organization Acting on be-
1.45, 49 CFR 1.46. half of the U.S. means an organization
that is recognized by the Commandant
SOURCE: CGD 95073, 62 FR 67506, Dec. 24, of the U.S. Coast Guard under the min-
imum standards of subparts A and B of

EDITORIAL NOTE: Nomenclature changes to 46 CFR part 8, and has been authorized
part 96 appear at 75 FR 36281, June 25, 2010. under this section to conduct certain
228
actions and certifications on behalf of quirement of the ISM Code is also con-
the United States. sidered a major non-conformity.
Captain of the Port (COTP) means the Objective Evidence means quantitative
U.S. Coast Guard officer as described in or qualitative information, records or
33 CFR 6.013, commanding a Captain statements of fact pertaining to safety
of the Port zone described in 33 CFR or to the existence and implementation
part 3, or that persons authorized rep- of a safety management system ele-
resentative. ment, which is based on observation,
Commandant means the Commandant, measurement or test and which can be
U.S. Coast Guard. verified.
Company means the owner of a vessel, Officer In Charge, Marine Inspection
or any other organization or person (OCMI) means the U.S. Coast Guard of-
such as the manager or the bareboat ficer as described in 46 CFR 1.0115(b),
charterer of a vessel, who has assumed in charge of an inspection zone de-
the responsibility for operation of the scribed in 33 CFR part 3, or that per-
vessel from the shipowner and who on sons authorized representative.
assuming responsibility has agreed to Recognized organization means an or-
take over all the duties and respon- ganization which has applied and been
sibilities imposed by this part or the recognized by the Commandant of the
ISM Code. Coast Guard to meet the minimum
Designated person means a person or standards of 46 CFR part 8, subparts A
persons designated in writing by the and B.
responsible person who monitors the Responsible person means
safety management system of the com- (1) The owner of a vessel to whom
pany and vessel and has: this part applies, or
(2) Any other person that
(1) Direct access to communicate
(i) has assumed the responsibility
with the highest levels of the company
from the owner for operation of the
and with all management levels ashore
vessel to which this part applies; and
and aboard the companys vessel(s);
(ii) agreed to assume, with respect to
(2) Responsibility to monitor the
the vessel, responsibility for complying
safety and environmental aspects of
with all the requirements of this part.
the operation of each vessel; and
(3) A responsible person may be a
(3) Responsibility to ensure there are company, firm, corporation, associa-
adequate support and shore-based re- tion, partnership or individual.
sources for vessel(s) operations. Safety management audit means a sys-
Document of Compliance means a cer- tematic and independent examination
tificate issued to a company or respon- to determine whether the safety man-
sible person that complies with the re- agement system activities and related
quirements of this part or the ISM results comply with planned arrange-
Code. ments and whether these arrangements
International Safety Management are implemented effectively and are
(ISM) Code means the International suitable to achieve objectives.
Management Code for the Safe Oper- Safety Management Certificate means a
ation of Ships and Pollution Preven- document issued to a vessel which sig-
tion, Chapter IX of the Annex to the nifies that the responsible person or its
International Convention for the Safe- company, and the vessels shipboard
ty of Life at Sea (SOLAS), 1974. management operate in accordance
Non-conformity means an observed with the approved safety management
situation where objective evidence in- system.
dicates the non-fulfillment of a speci- Safety Management System means a
fied requirement. structured and documented system en-
Major non-conformity means an iden- abling Company and vessel personnel
tifiable deviation which poses a serious to effectively implement the respon-
threat to personnel or vessel safety or sible persons safety and environmental
a serious risk to the environment and protection policies.
requires immediate corrective action; SOLAS means the International Con-

in addition, the lack of effective and vention for the Safety of Life at Sea,
systematic implementation of a re- 1974, as amended.
229
96.130 33 CFR Ch. I (7110 Edition)
Vessel engaged on a foreign voyage Behalf of the Administration, November

means a vessel to which this part ap- 4, 199396.440
plies that is [CGD 95073, 62 FR 67506, Dec. 24, 1997, as
(1) Arriving at a place under the ju- amended at 69 FR 18803, Apr. 9, 2004]
risdiction of the United States from a
place in a foreign country; Subpart BCompany and Vessel
(2) Making a voyage between places Safety Management Systems
outside the United States; or
(3) Departing from a place under the 96.200 Purpose.
jurisdiction of the United States for a This subpart establishes the min-
place in a foreign country. imum standards that the safety man-
agement system of a company and its
96.130 Incorporation by reference. U.S. flag vessel(s) must meet for cer-
(a) The Director of the Federal Reg- tification to comply with the require-
ister approves certain material that is ments of 46 U.S.C. 32013205 and Chap-
incorporated by reference into this sub- ter IX of SOLAS, 1974. It also permits
part under 5 U.S.C. 552(a) and 1 CFR companies with U.S. flag vessels that
part 51. To enforce any edition other are not required to comply with this
than that specified in paragraph (b) of part to voluntarily develop safety man-
this section, the Coast Guard must agement systems which can be certifi-
publish notice of the change in the cated to standards consistent with
FEDERAL REGISTER and the material Chapter IX of SOLAS.
must be available to the public. You
may inspect all material at the U.S. 96.210 Who does this subpart apply
Coast Guard, Office of Design and Engi- to?
neering Standards (CG521), 2100 2nd St. (a) This subpart applies
SW., Stop 7126, Washington, DC 20593 (1) To a responsible person who owns
7126, or at the National Archives and or operates a U.S. vessel(s) engaged on
Records Administration (NARA), and a foreign voyage which meet the condi-
receive it from the source listed in tions of paragraph (a)(2) of this section;
paragraph (b) of this section. For infor- (2) To all U.S. vessels engaged on a
mation on the availability of this ma- foreign voyage that are
terial at NARA, call 2027416030, or go (i) A vessel transporting more than 12
to: http://www.archives.gov/ passengers; or
federallregister/ (ii) A tanker, a bulk freight vessel, a
codeloflfederallregulations/ freight vessel or a self-propelled mobile
ibrllocations.html. offshore drilling unit (MODU) of 500
(b) The material approved for incor- gross tons or more; and
poration by reference in this subpart (3) To all foreign vessels engaged on a
and the sections affected are as follows: foreign voyage, bound for ports or
places under the jurisdiction of the
American National Standards Institute (ANSI) U.S., and subject to Chapter IX of
11 West 42nd St., New York, NY 10036. SOLAS.
ANSI/ASQC Q90011994, Quality Systems (b) This subpart does not apply to
Model for Quality Assurance in Design, (1) A barge;
Development, Production, Installation, (2) A recreational vessel not engaged
and Servicing, 199496.430
in commercial service;
International Maritime Organization IMO4 (3) A fishing vessel;
Albert Embankment, London, SE1 7SR, (4) A vessel operating only on the
United Kingdom. Great Lakes or its tributary and con-
Resolution A.741(18), International Man- necting waters; or
agement Code for the Safe Operation of (5) A public vessel, which includes a
Ships and for Pollution Prevention, No- U.S. vessel of the National Defense Re-
vember 4, 199396.220, 96.370
serve Fleet owned by the U.S. Mari-
Resolution A.788 (19), Guidelines on Imple-
mentation of the International Safety time Administration and operated in
Management (ISM) Code by Administra- non-commercial service.
tions, November 23, 199596.320, 96.440 (c) Any responsible person and their
Resolution A.739(18), Guidelines for the Au- company who owns and operates a U.S.
thorization of Organizations Acting on flag vessel(s) which does not meet the
230
conditions of paragraph (a), may volun- when developing procedures and poli-
tarily meet the standards of this part cies for the safety management sys-
and Chapter IX of SOLAS and have tem.
their safety management systems cer-
tificated. 96.240 What functional requirements
(d) The compliance date for the re- must a safety management system
quirements of this part are meet?
(1) On or after July 1, 1998, for The functional requirements of a
(i) Vessels transporting more than 12 safety management system must in-
passengers engaged on a foreign voy- clude
age; or (a) A written statement from the re-
(ii) Tankers, bulk freight vessels, or
sponsible person stating the companys
high speed freight vessels of at least 500
safety and environmental protection
gross tons or more, engaged on a for-
policy;
eign voyage.
(2) On or after July 1, 2002, for other (b) Instructions and procedures to
freight vessels and self-propelled mo- provide direction for the safe operation
bile offshore drilling units (MODUs) of of the vessel and protection of the envi-
at least 500 gross tons or more, engaged ronment in compliance with the appli-
on a foreign voyage. cable U.S. Code of Federal Regulations,
and international conventions to which
96.220 What makes up a safety man- the U.S. is a party (SOLAS, MARPOL,
agement system? etc.);
(a) The safety management system (c) Documents showing the levels of
must document the responsible per- authority and lines of communication
sons between shoreside and shipboard per-
(1) Safety and pollution prevention sonnel;
policy; (d) Procedures for reporting acci-
(2) Functional safety and operational dents, near accidents, and non-
requirements; conformities with provisions of the
(3) Recordkeeping responsibilities; companys and vessels safety manage-
and
ment system, and the ISM Code;
(4) Reporting responsibilities.
(e) Procedures to prepare for and re-
(b) A safety management system
must also be consistent with the func- spond to emergency situations by
tional standards and performance ele- shoreside and shipboard personnel;
ments of IMO Resolution A.741(18). (f) Procedures for internal audits on
the operation of the company and ves-
96.230 What objectives must a safety sel(s) safety management system; and
management system meet? (g) Procedures and processes for man-
The safety management system agement review of company internal
must: audit reports and correction of non-
(a) Provide for safe practices in ves- conformities that are reported by these
sel operation and a safe work environ- or other reports.
ment onboard the type of vessel the
system is developed for; 96.250 What documents and reports
(b) Establish and implement safe- must a safety management system
guards against all identified risks; have?
(c) Establish and implement actions The documents and reports required
to continuously improve safety man- for a safety management system under
agement skills of personnel ashore and 96.330 or 96.340 must include the writ-
aboard vessels, including preparation ten documents and reports itemized in
for emergencies related to both safety Table 96.250. These documents and re-
and environmental protection; and ports must be available to the com-
(d) Ensure compliance with manda-
panys shore-based and vessel(s)-based
tory rules and regulations, taking into
personnel:
account relevant national and inter-

national regulations, standards, codes
and maritime industry guidelines,
231
96.250 33 CFR Ch. I (7110 Edition)
TABLE 96.250SAFETY MANAGEMENT SYSTEM DOCUMENTS AND REPORTS

Type of documents and reports Specific requirements
(a) Safety and environmental (1) Meet the objectives of 96.230; and
policy statements. (2) Are carried out and kept current at all levels of the company;
(b) Company responsibilities (1) The owners name and details of responsibility for operation of the company and vessel(s);
and authority statements. (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 companys 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 communicate with the highest levels of the company and with all
person or persons to monitor management levels ashore and aboard the companys vessel(s);
the safety management sys- (2) Have the written responsibility to monitor the safety and environmental aspects of the oper-
tem for the company and ation of each vessel; and
vessel(s). (3) Have the written responsibility to ensure there are adequate support and shore-based re-
sources for vessel(s) operations.
(d) Written statements that de- (1) Carry out the companys safety and environmental policies;
fine the Masters responsibil- (2) Motivate the vessels crew to observe the safety management system policies;
ities and authorities.
(3) Issue orders and instructions in a clear and simple manner;
(4) Make sure that specific requirements are carried out by the vessels crew and shore-based
resources; and
(5) Review the safety management system and report non-conformities to shore-based man-
agement.
(e) Written statements that the (1) Ability to make decisions about safety and environmental pollution; and
Master has overriding re- (2) Ability to request the companys help when necessary.
sponsibility and authority to
make vessel decisions.
(f) Personnel procedures and (1) Masters of vessels are properly qualified for command;
resources which are avail- (2) Masters of vessels know the companys safety management system;
able ashore and aboard ship.. (3) Owners or companies provide the necessary support so that the Masters duties can be
safely performed;
(4) Each vessel is properly crewed with qualified, certificated and medically fit seafarers com-
plying with national and international requirements;
(5) New personnel and personnel transferred to new assignments involving safety and protec-
tion of the environment are properly introduced to their duties;
(6) Personnel involved with the companys safety management system have an adequate un-
derstanding 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 vessels 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 (2) Assign qualified personnel to specific tasks.
and instructions for key ship-
board operations..
(h) Emergency preparedness (1) Identify, describe and direct response to potential emergency shipboard situations;
procedures.. (2) Set up programs for drills and exercises to prepare for emergency actions; and
(3) Make sure that the companys organization can respond at anytime, to hazards, accidents
and emergency situations involving their vessel(s).
(i) Reporting procedures on re- (1) Report non-conformities of the safety management system;
quired actions.. (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 proce- (1) Inspect vessels equipment, hull, and machinery at appropriate intervals;
dures. (These procedures (2) Report any non-conformity or deficiency with its possible cause, if known;
verify that a companys ves- (3) Take appropriate corrective actions;
sel(s) is maintained in con- (4) Keep records of these activities;
formity with the provisions of (5) Identify specific equipment and technical systems that may result in a hazardous situation
relevant rules and regula- if a sudden operational failure occurs;
tions, with any additional re-
quirements which may be es-
tablished by the company.).
(6) Identify measures that promote the reliability of the equipment and technical systems iden-
tified in paragraph (j)(5), and regularly test standby arrangements and equipment or tech-
nical systems not in continuous use; and

(7) Include the inspections required by this section into the vessels operational maintenance
routine.
232
TABLE 96.250SAFETY MANAGEMENT SYSTEM DOCUMENTS AND REPORTSContinued

Type of documents and reports Specific requirements
(k) Safety management system (1) Procedures which establish and maintain control of all documents and data relevant to the
document and data mainte- safety management system.
nance.
(2) Documents are available at all relevant locations, i.e., each vessel carries on board all doc-
uments 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 safety management systems efficiency and review of the system
internal audits which verify in accordance with the established procedures of the company, when needed;
the safety and pollution pre- (2) Types and frequency of internal audits, when they are required, how they are reported, and
vention activities. 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 CHow Will Safety Man- 96.320 What is involved to complete a

agement Systems Be Certifi- safety management audit and when
is it required to be completed?
cated and Enforced?
(a) A safety management audit is any
96.300 Purpose. of the following:
(1) An initial audit which is carried
This subpart establishes the stand- out before a Document of Compliance
ards for the responsible person of a certificate or a Safety Management
company and its vessel(s) to obtain the Certificate is issued;
required and voluntary, national and (2) A renewal audit which is carried
international certification for the com- out before the renewal of a Document
panys and vessels safety management of Compliance certificate or a Safety
system. Management Certificate;
(3) Periodic audits including
96.310 Who does this subpart apply (i) An annual verification audit, as
to? described in 96.330(f) of this part, and
This subpart applies: (ii) An intermediate verification
(a) If you are a responsible person audit, as described in 96.340(e)(2) of
who owns a vessel(s) registered in the this part.
U.S. and engaged on a foreign voy- (b) A satisfactory audit means that
age(s), or holds certificates or endorse- the auditor(s) agrees that the require-
ment of such voyages; ments of this part are met, based on re-
view and verification of the procedures
(b) If you are a responsible person
and documents that make up the safe-
who owns a vessel(s) registered in the ty management system.
U.S. and volunteer to meet the stand- (c) Actions required during safety
ards of this part and Chapter IX of management audits for a company and
SOLAS; their U.S. vessel(s) are
(c) To all foreign vessels engaged on (1) Review and verify the procedures
a foreign voyage, bound for ports or and documents that make up a safety
places under the jurisdiction of the management system, as defined in sub-
U.S., and subject to Chapter IX of part B of this part.
SOLAS; or (2) Make sure the audit complies with
(d) If you are a recognized organiza- this subpart and is consistent with IMO
tion authorized by the U.S. to complete Resolution A.788(19), Guidelines on Im-
safety management audits and certifi- plementation of the International

cation required by this part. Safety Management (ISM) Code by Ad-
ministrations.
233
96.330 33 CFR Ch. I (7110 Edition)
(3) Make sure the audit is carried out 96.330 Document of Compliance cer-
by a team of Coast Guard auditors or tificate: what is it and when is it
auditors assigned by a recognized orga- needed?
nization authorized to complete such (a) You must hold a valid Document
actions by subpart D of this part. of Compliance certificate if you are the
(d) Safety management audits for a responsible person who, or company
company and their U.S. vessel(s) are which, owns a U.S. vessel engaged on
required foreign voyages, carrying more than 12
(1) Before issuing or renewing a Doc- passengers, or is a tanker, bulk freight
ument of Compliance certificate, and vessel, freight vessel, or a self-pro-
to keep a Document of Compliance cer- pelled mobile offshore drilling unit of
tificate valid, as described in 96.330 500 gross tons or more.
and 96.340 of this part. (b) You may voluntarily hold a valid
(2) Before issuing or renewing a Safe- Document of Compliance certificate, if
ty Management Certificate, and to you are a responsible person who, or a
maintain the validity of a Safety Man- company which, owns a U.S. vessel not
agement Certificate, as described in included in paragraph (a) of this sec-
96.340 of this part. tion.
However, any safety management audit (c) You will be issued a Document of
for the purpose of verifying a vessels Compliance certificate only after you
safety management system will not be complete a satisfactory safety manage-
scheduled or conducted for a companys ment audit as described in 96.320 of
U.S. vessel unless the company first this part.
has undergone a safety management (d) All U.S. and foreign vessels that
audit of the companys safety manage- carry more than 12 passengers or a
ment system, and has received its Doc- tanker, bulk freight vessel, freight ves-
ument of Compliance certificate. sel, or a self-propelled mobile offshore
(e) Requests for all safety manage- drilling unit of 500 gross tons or more,
ment audits for a company and its U.S. must carry a valid copy of the com-
vessel(s) must be communicated panys Document of Compliance cer-
(1) By a responsible person directly tificate onboard when on a foreign voy-
to a recognized organization authorized age.
by the U.S. (e) A valid Document of Compliance
(2) By a responsible person within the certificate covers the type of vessel(s)
time limits for an annual verification on which a companys safety manage-
audit, described in 96.330(f) of this ment system initial safety manage-
part, and for an intermediate ment audit was based. The validity of
verification audit, described in the Document of Compliance certifi-
96.340(e)(2) of this part. If he or she cate may be extended to cover addi-
does not make a request for a safety tional types of vessels after a satisfac-
management annual or verification tory safety management audit is com-
audit for a valid Document of Compli- pleted on the companys safety man-
ance certificate issued to a company or agement system which includes those
a valid Safety Management Certificate additional vessel types.
issued to a vessel, this is cause for the (f) A Document of Compliance certifi-
Coast Guard to revoke the certificate cate is valid for 60 months. The com-
as described in 96.330 and 96.340 of panys safety management system
this part. must be verified annually by the Coast
(f) If a non-conformity with a safety Guard or by an authorized organization
management system is found during an acting on behalf of the U.S. through a
audit, it must be reported in writing by safety management verification audit,
the auditor: within three months before or after the
(1) For a companys safety manage- certificates anniversary date.
ment system audit, to the companys (g) Only the Coast Guard may revoke
owner; and a Document of Compliance certificate
(2) For a vessels safety management from a company which owns a U.S. ves-
system audit, to the companys owner sel. The Document of Compliance cer-
and vessels Master. tificate may be revoked if
234
(1) The annual safety management 500 gross tons or more, when engaged
audit and system verification required on foreign voyages or within U.S. wa-
by paragraph (f) of this section is not ters.
completed by the responsible person; or (e) A Safety Management Certificate
(2) Major non-conformities are found is valid for 60 months. The validity of
in the companys safety management the Safety Management Certificate is
system during a safety management based on
audit or other related survey or inspec- (1) A satisfactory initial safety man-
tion being completed by the Coast agement audit;
Guard or the recognized organization (2) A satisfactory intermediate
chosen by the company or responsible verification audit requested by the ves-
person. sels responsible person, completed be-
(3) The Coast Guard or an authorized tween the 24th and 36th month of the
organization acting on its behalf is de-
certificates period of validity; and
nied, or restricted access to, any ves-
(3) A vessels company holding a
sel, record or personnel of the com-
pany, at any time necessary to evalu- valid Document of Compliance certifi-
ate the safety management system. cate. When a companys Document of
(h) When a companys valid Docu- Compliance certificate expires or is re-
ment of Compliance certificate is revoked, the Safety Management Certifi-
voked by the Coast Guard, a satisfac- cate for the company-owned vessel(s) is
tory safety management audit must be invalid.
completed before a new Document of (f) Renewal of a Safety Management
Compliance certificate for the com- Certificate requires the completion of a
panys safety management system can satisfactory safety management sys-
be reissued. tem audit which meets all of the re-
quirements of subpart B in this part. A
96.340 Safety Management Certifi- renewal of a Safety Management Cer-
cate: what is it and when is it need- tificate cannot be started unless the
ed? company which owns the vessel holds a
(a) Your U.S. vessel engaged on a for- valid Document of Compliance certifi-
eign voyage must hold a valid Safety cate.
Management Certificate if it carries (g) Only the Coast Guard may revoke
more than 12 passengers, or if it is a a Safety Management Certificate from
tanker, bulk freight vessel, freight ves- a U.S. vessel. The Safety Management
sel, or a self-propelled mobile offshore Certificate will be revoked if
drilling unit of 500 gross tons or more. (1) The vessels responsible person
(b) Your U.S. vessel may voluntarily has not completed an intermediate
hold a valid Safety Management Cer- safety management audit required by
tificate even if your vessel is not re- paragraph (e)(2) of this section; or
quired to by paragraph (a) of this sec- (2) Major non-conformities are found
tion. in the vessels safety management sys-
(c) Your U.S. vessel may only be
tem during a safety management audit
issued a Safety Management Certifi-
or other related survey or inspection
cate or have it renewed when your
being completed by the Coast Guard or
company holds a valid Document of
the recognized organization chosen by
Compliance certificate issued under
the vessels responsible person.
96.330 of this part and the vessel has
completed a satisfactory safety man- [CGD 95073, 62 FR 67506, Dec. 24, 1997, as
agement audit of the vessels safety amended by USCG19995832, 64 FR 34712,
management system set out in 96.320 June 29, 1999]
of this part.
(d) A copy of your vessels valid Safe- 96.350 Interim Document of Compli-
ty Management Certificate must be on ance certificate: what is it and
when can it be used?
board all U.S. and foreign vessels which
carry more than 12 passengers, and (a) An Interim Document of Compli-
must be on board a tanker, bulk freight ance certificate may be issued to help
vessel, freight vessel, or a self-pro- set up a companys safety management
pelled mobile offshore drilling unit of system when
235
96.360 33 CFR Ch. I (7110 Edition)
(1) A company is newly set up or in of the Interim Document of Compli-

transition from an existing company ance certificate;
into a new company; or (4) The Master and senior officers of
(2) A new type of vessel is added to an the vessel are familiar with the safety
existing safety management system management system and the planned
and Document of Compliance certifi- set up arrangements;
cate for a company. (5) Written documented instructions
(b) A responsible person for a com- have been extracted from the safety
pany operating a U.S. vessel(s) that management system and given to the
meets the requirements of paragraph vessel prior to sailing;
(a) of this section, may send a request (6) The company plans an internal
to a recognized organization authorized
audit of the vessel within three
to act on behalf of the U.S. to receive
months; and
an Interim Document of Compliance
certificate that is valid for a period up (7) The relevant information from the
to 12 months. To be issued the Interim safety management system is written
Document of Compliance certificate in English, and in any other language
the vessels company must understood by the vessels personnel.
(1) Demonstrate to an auditor that
96.370 What are the requirements for
the company has a safety management vessels of countries not party to
system that meets 96.230 of this part; Chapter IX of SOLAS?
and
(2) Provide a plan for full implemen- (a) Each foreign vessel which carries
tation of a safety management system more than 12 passengers, or is a tanker,
within the period that the Interim Doc- bulk freight vessel, freight vessel, or
ument of Compliance certificate is self-propelled mobile offshore drilling
valid. unit of 500 gross tons or more, operated
in U.S. waters, under the authority of a
96.360 Interim Safety Management country not a party to Chapter IX of
Certificate: what is it and when can SOLAS must
it be used? (1) Have on board valid documenta-
(a) A responsible person may apply tion showing that the vessels company
for an Interim Safety Management has a safety management system which
Certificate when was audited and assessed, consistent
(1) A responsible person takes deliv- with the International Safety Manage-
ery of a new U.S. vessel; or ment Code of IMO Resolution A.741(18);
(2) Takes responsibility for the man- (2) Have on board valid documenta-
agement of a U.S. vessel which is new tion from a vessels Flag Administra-
to the responsible person or their com- tion showing that the vessels safety
pany. management system was audited and
(b) An Interim Safety Management assessed to be consistent with the
Certificate is valid for 6 months. It International Safety Management Code
may be issued to a U.S. vessel which of IMO Resolution A.741(18); or
meets the conditions of paragraph (a) (3) Show that evidence of compliance
of this section, when
was issued by either a government that
(1) The companys valid Document of
is party to SOLAS or an organization
Compliance certificate or Interim Doc-
recognized to act on behalf of the ves-
ument of Compliance certificate ap-
sels Flag Administration.
plies to that vessel type;
(2) The companys safety manage- (b) Evidence of compliance must con-
ment system for the vessel includes the tain all of the information in, and have
key elements of a safety management substantially the same format as a
system, set out in 96.220, applicable to (1) Document of Compliance certifi-
this new type of vessel; cate; and
(3) The companys safety manage- (2) Safety Management Certificate.
ment system has been assessed during (c) Failure to comply with this sec-
tion will subject the vessel to the com-
the safety management audit to issue

the Document of Compliance certifi- pliance and enforcement procedures of
cate or demonstrated for the issuance 96.380 of this part.
236
96.380 How will the Coast Guard 96.390 When will the Coast Guard
handle compliance and enforce- deny entry into a U.S. port?
ment of these regulations? (a) Except for a foreign vessel enter-
(a) While operating in waters under ing U.S. waters under force majeure, no
the jurisdiction of the United States, vessel shall enter any port or terminal
the Coast Guard may board a vessel to of the U.S. without a safety manage-
determine that ment system that has been properly
(1) Valid copies of the companys certificated to this subpart or to the
Document of Compliance certificate requirements of Chapter IX of SOLAS
and Safety Management Certificate are if
on board, or evidence of the same for (1) It is engaged on a foreign voyage;
and
vessels from countries not party to
(2) It is carrying more than 12 pas-
Chapter IX of SOLAS; and
sengers, or a tanker, bulk freight ves-
(2) The vessels crew or shore-based sel, freight vessel, or self-propelled mo-
personnel are following the procedures bile offshore drilling unit of 500 gross
and policies of the safety management tons or more.
system while operating the vessel or (b) The cognizant COTP will deny
transferring cargoes. entry of a vessel into a port or ter-
(b) A foreign vessel that does not minal under the authority of 46 U.S.C.
comply with these regulations, or one 3204(c), to any vessel that does not
on which the vessels condition or use meet the requirements of paragraph (a)
of its safety management system do of this section.
not substantially agree with the par-
ticulars of the Document of Compli- Subpart DAuthorization of Rec-
ance certificate, Safety Management ognized Organizations To Act
Certificate or other required evidence on Behalf of the U.S.
of compliance, may be detained by
order of the COTP or OCMI. This may 96.400 Purpose.
occur at the port or terminal where the (a) This subpart establishes criteria
violation is found until, in the opinion and procedures for organizations recog-
of the detaining authority, the vessel nized under 46 CFR part 8, subparts A
can go to sea without presenting an un- and B, to be authorized by the Coast
reasonable threat of harm to the port, Guard to act on behalf of the U.S. The
the marine environment, the vessel or authorization is necessary in order for
its crew. The detention order may a recognized organization to perform
allow the vessel to go to another area safety management audits and certifi-
of the port, if needed, rather than stay cation functions delegated by the Coast
at the place where the violation was Guard as described in this part.
found. (b) To receive an up-to-date list of
(c) If any vessel that must comply recognized organizations authorized to
with this part or with the ISM Code act under this subpart, send a self-ad-
does not have a Safety Management dressed, stamped envelope and written
Certificate and a copy of its companys request to the Commandant (CG521),
Document of Compliance certificate on 2100 2nd St., SW., Stop 7126, Wash-
board, a vessel owner, charterer, man- ington, DC 205937126.
aging operator, agent, Master, or any 96.410 Who does this regulation
other individual in charge of the vessel apply to?
that is subject to this part, may be lia-
This subpart applies to all organiza-
ble for a civil penalty under 46 U.S.C. tions recognized by the U.S. under 46
3318. For foreign vessels, the Coast CFR part 8, subpart A and B, who wish
Guard may request the Secretary of to seek authorization to conduct safety
the Treasury to withhold or revoke the management audits and issue relevant
clearance required by 46 U.S.C. App. 91. international safety certificates under
The Coast Guard may ask the Sec-
the provisions of the ISM Code and vol-

retary to permit the vessels departure untary certificates on behalf of the
after the bond or other surety is filed. U.S.
237
96.420 33 CFR Ch. I (7110 Edition)
96.420 What authority may an organi- authorization under this part, it must
zation ask for under this regula- demonstrate the reciprocity required
tion? by 46 U.S.C. 3316 for ISM Code certifi-
(a) An organization may request au- cation. The organization must provide,
thorization to conduct safety manage- with its request for authorization an
ment audits and to issue the following affidavit from the government of the
certificates: country in which the classification so-
(1) Safety Management Certificate; ciety is headquartered. This affidavit
(2) Document of Compliance certifi- must provide a list of authorized dele-
cate; gations by the flag state of the admin-
(3) Interim Safety Management Cer- istration of the foreign classification
tificate; and societys country to the American Bu-
(4) Interim Document of Compliance reau of Shipping, and indicate any con-
certificate. ditions related to the delegated author-
(b) [Reserved] ity. If this affidavit is not received
with a request for authorization from a
96.430 How does an organization sub- foreign classification society, the re-
mit a request to be authorized? quest for authorization will be dis-
(a) A recognized organization must approved and returned by the Coast
send a written request for authoriza- Guard.
tion to the Commandant (CG521), Of- (c) Upon the satisfactory completion
fice of Design and Engineering Stand- of the Coast Guards evaluation of a re-
ards, 2100 2nd St. SW., Stop 7126, Wash- quest for authorization, the organiza-
ington, DC 205937126. The request must tion will be visited for an evaluation as
include the following: described in 96.440(b) of this part.
(1) A statement describing what type
of authorization the organization 96.440 How will the Coast Guard de-
seeks; cide whether to approve an organi-
zations request to be authorized?
(2) Documents showing that
(i) The organization has an internal (a) First, the Coast Guard will evalu-
quality system with written policies, ate the organizations request for au-
procedures and processes that meet the thorization and supporting written ma-
requirements in 96.440 of this part for terials, looking for evidence of the fol-
safety management auditing and cer- lowing
tification; or (1) The organizations clear assign-
(ii) The organization has an internal ment of management duties;
quality system based on ANSI/ASQC (2) Ethical standards for managers
C9001 for safety management auditing and auditors;
and certification; or (3) Procedures for auditor training,
(iii) The organization has an equiva- qualification, certification, and re-
lent internal quality standard system qualification that are consistent with
recognized by the Coast Guard to com- recognized industry standards;
plete safety management audits and (4) Procedures for auditing safety
certification. management systems that are con-
(3) A list of the organizations exclu- sistent with recognized industry stand-
sive auditors qualified to complete ards and IMO Resolution A.788(19);
safety management audits and their (5) Acceptable standards for internal
operational area; and auditing and management review;
(4) A written statement that the pro- (6) Record-keeping standards for safe-
cedures and records of the recognized ty management auditing and certifi-
organization regarding its actions in- cation;
volving safety management system au- (7) Methods for reporting non-
dits and certification are available for conformities and recording completion
review annually and at any time of remedial actions;
deemed necessary by the Coast Guard. (8) Methods for certifying safety
(b) If the organization is a foreign management systems;
classification society that has been (9) Methods for periodic and inter-
recognized under 46 CFR part 8, sub- mediate audits of safety management
parts A and B, and wishes to apply for systems;
238
(10) Methods for renewal audits of 96.470 How does the Coast Guard ter-
safety management systems; minate an organizations authoriza-
(11) Methods for handling appeals; tion?
and At least every 12 months, the Coast
(12) Overall procedures consistent Guard evaluates organizations author-
with IMO Resolution A.739(18), Guide- ized under this subpart. If an organiza-
lines for the Authorization of Organiza- tion fails to maintain acceptable
tions Acting on Behalf of the Adminis- standards, the Coast Guard may termi-
tration.
nate that organizations authorization,
(b) After a favorable evaluation of remove the organization from the Com-
the organizations written request, the
mandants list of recognized organiza-
Coast Guard will arrange to visit the
tions, and further evaluate the organi-
organizations corporate offices and
zations recognition under 46 CFR part
port offices for an on-site evaluation of
operations. 8.
(c) When a request is approved, the 96.480 What is the status of a certifi-
recognized organization and the Coast cate if the issuing organization has
Guard will enter into a written agree- its authority terminated?
ment. This agreement will define the
scope, terms, conditions and require- Any certificate issued by an organi-
ments of the authorization. Conditions zation authorized by the Coast Guard
of this agreement are found in 96.460 whose authorization is later termi-
of this part. nated remains valid until
(a) Its original expiration date,
96.450 What happens if the Coast (b) The date of the next periodic
Guard disapproves an organiza- audit required to maintain the certifi-
tions request to be authorized? cates validity, or
(a) The Coast Guard will write to the (c) Whichever of paragraphs (a) or (b)
organization explaining why it did not occurs first.
meet the criteria for authorization.
(b) The organization may then cor- 96.490 What further obligations exist
rect the deficiencies and reapply. for an organization if the Coast
Guard terminates its authorization?
96.460 How will I know what the The written agreement by which an
Coast Guard requires of my organi-
zation if my organization receives organization receives authorization
authorization? from the Coast Guard places it under
certain obligations if the Coast Guard
(a) Your organization will enter into revokes that authorization. The orga-
a written agreement with the Coast nization agrees to send written notice
Guard. This written agreement will
of its termination to all responsible
specify
persons, companies and vessels that
(1) How long the authorization is
have received certificates from the or-
valid;
ganization. In that notice, the organi-
(2) Which duties and responsibilities
zation must include
the organization may perform, and
which certificates it may issue on be- (a) A written statement explaining
half of the U.S.; why the organizations authorization
(3) Reports and information the orga- was terminated by the Coast Guard;
nization must send to the Commandant (b) An explanation of the status of
(CG-543); issued certificates;
(4) Actions the organization must (c) A current list of organizations au-
take to renew the agreement when it thorized by the Coast Guard to conduct
expires; and safety management audits; and
(5) Actions the organization must (d) A statement of what the compa-
take if the Coast Guard should revoke nies and vessels must do to have their
its authorization or recognition under safety management systems trans-
46 CFR part 8. ferred to another organization author-

(b) [Reserved] ized to act on behalf of the U.S.
239
96.495 33 CFR Ch. I (7110 Edition)
96.495 How can I appeal a decision (b) If you are not satisfied with the
made by an authorized organiza- organizations decision, you may ap-
tion? peal directly to the Commandant (CG-
(a) A responsible person may appeal a 543). You must make your appeal in
writing, including any documentation
decision made by an authorized organi-
and evidence you wish to be considered.
zation by mailing or delivering to the
You may ask the Commandant (CG-543)
organization a written request for re-
to stay the effect of the appealed deci-
consideration. Within 30 days of receiv- sion while it is under review.
ing your request, the authorized orga- (c) The Commandant (CG-543) will
nization must rule on it and send you a make a decision on your appeal and
written response. They must also send send you a response in writing. That
a copy of their response to the Com- decision will be the final Coast Guard
mandant (CG-543). action on your request.
240
SUBCHAPTER GREGATTAS AND MARINE PARADES
PART 100SAFETY OF LIFE ON 100.713 Annual Harborwalk Boat Race;

Sampit River, Georgetown, SC.
NAVIGABLE WATERS 100.717 Annual Fort Myers Beach Offshore
Grand Prix; Fort Myers, FL.
Sec. 100.718 Annual Suncoast Kilo Run; Sarasota
100.01 Purpose and intent. Bay, Sarasota, FL.
100.05 Definition of terms used in this part. 100.719 Annual Suncoast Offshore Challenge;
100.T050443 Safety Zone; Fireworks Dis- Gulf of Mexico, Sarasota, FL.
play, Delaware River, New Hope, PA. 100.720 Annual Suncoast Offshore Grand
100.10 Coast Guard-State agreements. Prix; Gulf of Mexico, Sarasota, FL.
100.15 Submission of application. 100.724 Annual Augusta Invitational Rowing
100.20 Action on application for event as- Regatta; Savannah River, Augusta, GA.
signed to State regulation by Coast 100.728 Special Local Regulations; Hurri-
Guard-State agreement. cane Offshore Classic, St. Petersburg,
100.25 Action on application for event not FL.
assigned to State regulation by Coast 100.729 Columbus Day Regatta, Biscayne
Guard-State agreement. Bay, Miami, FL.
100.30 Approval required for holding event. 100.732 Annual River Race Augusta; Savan-
100.35 Special local regulations. nah River, Augusta, GA.
100.40 Patrol of the regatta or marine pa- 100.734 Annual Gasparilla Marine Parade;
rade. Hillsborough Bay, Tampa, FL.
100.45 Establishment of aids to navigation. 100.736 Annual Fort Myers Beach air show;
100.101 Harvard-Yale Regatta, Thames Fort Myers Beach, FL.
River, New London, CT. 100.740 Annual Offshore Super Series Boat
100.102 Great Connecticut River Raft Race, Race; Fort Myers Beach, FL.
Middletown, CT. 100.801 Annual Marine Events in the Eighth
100.105 Head of the Connecticut Regatta. Coast Guard District.
100.106 Freeport Grand Prix, Long Beach, 100.901 Great Lakes annual marine events.
100.902 [Reserved]
NY.
100.903 Harborfest Dragon Boat Race; South
100.107 Windjammer Days, Boothbay Har-
Haven, MI.
bor, Maine.
100.904 Celebrate Americafest, Green Bay,
100.108 Great Kennebec River Whatever
WI.
Race.
100.905 Door County Triathlon; Door Coun-
100.109 Winter Harbor Lobster Boat Race,
ty, WI.
Winter Harbor, ME. 100.906 Haven Coast Guard Festival
100.110 Worlds Fastest Lobster Boat Race, Waterski Show, Grand Haven, MI.
Jonesport, ME. 100.907 Milwaukee River Challenge; Mil-
100.111 Stonington Lobster Boat Races, waukee, WI.
Stonington, ME. 100.908 Charlevoix Venetian Night Boat Pa-
100.112 Swim the Bay, Narragansett Bay rade; Charlevoix, MI.
Narragansett, RI. 100.909 Chinatown Chamber of Commerce
100.113 Provincetown Harbor Swim for Life, Dragon Boat Race; Chicago, IL.
Provincetown, MA. 100.910 Southland Regatta; Blue Island, IL.
100.114 Fireworks displays within the First 100.911 Bay City Airshow, Bay City, MI.
Coast Guard District. 100.912 Detroit Bell Isle Grand Prix, De-
100.116 Swim Buzzards Bay Day, New Bed- troit, MI.
ford, MA. 100.913 ACORA Garwood Classic Offshore
100.118 Searsport Lobster Boat Races, Race, Algonac, MI.
Searsport Harbor, ME. 100.914 Trenton Rotary Roar on the River,
100.119 Newport-Bermuda Regatta, Narra- Trenton, MI.
gansett Bay, Newport, RI. 100.915 St. Clair River Classic Offshore
100.121 Swim Across the Sound, Long Island Race, St. Clair, MI.
Sound, Port Jefferson, NY to Captains 100.916 Chris Craft Silver Cup Races,
Cove Seaport, Bridgeport, CT. Algonac, MI.
100.124 Maggie Fischer Memorial Great 100.917 The Old Club Cannonade, Harsens Is-
South Bay Cross Bay Swim, Great South land, MI.
Bay, New York. 100.918 Detroit APBA Gold Cup, Detroit, MI.
100.501 Special Local Regulations; Marine 100.919 International Bay City River Roar,
Events in the Fifth Coast Guard District. Bay City, MI.
100.701 Special Local Regulations; Marine 100.920 Tug Across the River, Detroit, MI.
Events in the Seventh Coast Guard Dis- 100.1101 Southern California annual marine
trict. events.
241
100.01 33 CFR Ch. I (7110 Edition)
100.1102 Marine events on the Colorado (c) District Commander means the
River, between Davis Dam (Bullhead Commander of the Coast Guard Dis-
City, Arizona) and Headgate Dam trict in which the regatta or marine
(Parker, Arizona).
parade is intended to be held. (See Part
100.1103 Northern California annual marine
events. 3 of this chapter for the geographical
100.1105 San Francisco Bay Navy Fleetweek boundaries of Coast Guard Districts.)
Parade of Ships and Blue Angels Dem- (d) State authority means any official
onstration. or agency of a State having power
100.1301 Seattle Seafair Unlimited Hydro- under the law of such State to regulate
plane Race. regattas or marine parades on waters
100.1302 Special Local Regulation, Annual over which such State has jurisdiction.
Dragon Boat Races, Portland, Oregon. (e) Navigable waters of the United
100.1303 Annual Kennewick, Washington, States means those waters described in
Columbia Unlimited Hydroplane Races.
2.36(a) of this chapter, specifically in-
100.1304 Annual Seattle Yacht Clubs
Opening Day Marine Parade. cluding the waters described in
100.1305 Richland, Washington, west coast 2.22(a)(2) of this chapter.
outboard championship hydro races. [CGFR 6322, 28 FR 5155, May 23, 1963, as
100.1306 National Maritime Week Tugboat amended by CGD 75098, 40 FR 49327, Oct. 22,
Races, Seattle, WA. 1975; USCG20019044, 68 FR 42602, July 18,
100.1307 Special Local Regulations, Strait 2003]
Thunder Performance, Port Angeles, WA.
AUTHORITY: 33 U.S.C. 1233 100.T050443 Safety Zone; Fireworks
Display, Delaware River, New Hope,
SOURCE: CGFR 6322, 28 FR 5155, May 23, PA.
(a) Location. The safety zone will re-
100.01 Purpose and intent. strict vessel traffic on the Delaware
River from operating within 400 yards
(a) The purpose of the regulations in of a fireworks barge located at 402149
this part is to provide effective control N./0745654 W. This point is described
over regattas and marine parades con- as a point existing 400 ft downriver of
ducted on the navigable waters of the the Bridge St. Bridge located in New
United States so as to insure safety of Hope, PA, and 400 ft east of the shore-
life in the regatta or marine parade line of New Hope, PA.
area. (b) Regulations. (1) No person or ves-
(b) Geographic coordinates expressed sel may enter or navigate within this
in terms of latitude or longitude, or safety zone unless authorized to do so
both, are not intended for plotting on by the Captain of the Port or a des-
maps or charts whose referenced hori- ignated representative. Any person or
zontal datum is the North American vessel authorized to enter the safety
Datum of 1983 (NAD 83), unless such ge- zone must operate in strict conform-
ographic coordinates are expressly la- ance with any directions given by the
beled NAD 83. Geographic coordinates Captain of the Port or a designated
without the NAD 83 reference may be representative and leave the safety
plotted on maps or charts referenced to zone immediately if so ordered.
NAD 83 only after application of the (2) All Coast Guard assets enforcing
appropriate corrections that are pub- this safety zone can be contacted on
lished on the particular map or chart VHF marine band radio, channels 13
being used. and 16. The Captain of the Port can be
[CGFR 6322, 28 FR 5155, May 23, 1963, as contacted at (215) 2714807.
amended by CGD 86082, 52 FR 33811, Sept. 8, (3) The Captain of the Port will no-
1987] tify the public of any changes in the
status of this safety zone by Marine
100.05 Definition of terms used in Safety Radio Broadcast on VHFFM
this part. marine band radio, channel 22 (157.1
(a) Regatta or marine parade means an MHZ).
organized water event of limited dura- (c) Definition. Designated represent-
tion which is conducted according to a
ative means the Commander of Sector

prearranged schedule. Delaware Bay or any Coast Guard Com-
(b) [Reserved] missioned, Warrant or Petty Officer
242
who has been authorized by the Cap- mander may, subject to conditions set
tain of the Port to act on her behalf. from time to time by him or her, grant
(d) Enforcement period. This rule will a permit for such series of events for a
be enforced every Friday from May 28, fixed period of time, not to exceed one
2010 through July 30, 2010 from 9 p.m. year.
until 10 p.m. (c) The application must be sub-
[USCG20100443, 75 FR 33691, June 15, 2010] mitted no less than 135 days before the
start of the proposed event. However, if
EFFECTIVE DATE NOTE: By USCG20100443,
75 FR 33691, June 15, 2010, 100.T050443 was all of the following criteria are met,
added, effective June 15, 2010 through July the application must be submitted no
30, 2010. less than 60 days before the start of the
proposed event:
100.10 Coast Guard-State agree- (1) The sponsor submitted an applica-
ments. tion for the event in the year imme-
(a) The District Commander is au- diately preceding.
thorized to enter into agreements with (2) The nature, location, scheduling,
State authorities permitting, regula- and other relevant information con-
tion by the State of such classes of retained in the previous application are
gatta or marine parade on the navi- essentially the same.
gable waters of the United States as, in (3) The Coast Guard received no ob-
the opinion of the District Commander,
jection to the previous application.
the State is able to regulate in such a
manner as to insure safety of life. All (4) The Coast Guard did not promul-
such agreements shall reserve to the gate special local regulations for the
District Commander the right to regu- previous event.
late any particular regatta or marine (5) The Coast Guard approved the
parade when he or she deems such ac- previous event.
tion to be in the public interest. (d) The application shall include the
following details:
[CGFR 6322, 28 FR 5155, May 23, 1963, as
amended by USCG200315404, 68 FR 37740, (1) Name and address of sponsoring
June 25, 2003] organization.
(2) Name, address, and telephone of
100.15 Submission of application. person or persons in charge of the
(a) An individual or organization event.
planning to hold a regatta or marine (3) Nature and purpose of the event.
parade which, by its nature, cir- (4) Information as to general public
cumstances or location, will introduce interest.
extra or unusual hazards to the safety (5) Estimated number and types of
of life on the navigable waters of the watercraft participating in the event.
United States, shall submit an applica- (6) Estimated number and types of
tion to the Coast Guard District Com- spectator watercraft.
mander having cognizance of the area (7) Number of boats being furnished
where it is intended to hold such re-
by sponsoring organizations to patrol
gatta or marine parade. Examples of
event.
conditions which are deemed to intro-
duce extra or unusual hazards to the (8) A time schedule and description of
safety of life include but are not lim- events.
ited to: An inherently hazardous com- (9) A section of a chart or scale draw-
petition, the customary presence of ing showing the boundaries of the
commercial or pleasure craft in the event, various water courses or areas
area, any obstruction of navigable to be utilized by participants, officials,
channel which may reasonably be ex- and spectator craft.
pected to result, and the expected accu- [CGFR 6322, 28 FR 5155, May 23, 1963 as
mulation of spectator craft. amended by CGD 95054, 66 FR 1582, Jan. 9,
(b) Where such events are to be held 2001; CGD 95059, 66 FR 9659, Feb. 9, 2001;
regularly or repeatedly in a single area USCG200315404, 68 FR 37740, June 25, 2003]

by an individual or organization, the
Commandant or the District Com-
243
100.20 33 CFR Ch. I (7110 Edition)
100.20 Action on application for (iv) That the application is not ap-
event assigned to State regulation proved, with reasons for such dis-
by Coast Guard-State agreement. approval.
(a) Upon receipt of an application for [CGFR 6322, 28 FR 5155, May 23, 1963, as
a regatta or marine parade of a type amended by USCG200315404, 68 FR 37740,
assigned to a State for regulation June 25, 2003]
under a Coast Guard-State agreement,
the District Commander will forward 100.30 Approval required for holding
the application to the State authority event.
having cognizance of the event. Fur- (a) An event for which application is
ther processing and decision upon such required under 100.15(a) shall be held
an application shall be conducted by only after approval of such event by
the State. the District Commander, except that
(b) [Reserved] applications referred to a State under
100.10 shall be governed by the laws of
100.25 Action on application for that State.
event not assigned to State regula-
tion by Coast Guard-State agree- 100.35 Special local regulations.
ment.
(a) The Commander of a Coast Guard
(a) Where an event is one of a type District or Captain of the Port (COTP)
not assigned to the State for regula- as authorized by 33 CFR 1.051(i), after
tion under a Coast Guard-State agree- approving plans for the holding of a re-
ment (or where no such agreement has gatta or marine parade within his or
been entered), the Commander of a her district or zone, is authorized to
Coast Guard District who receives an promulgate such special local regula-
application for a proposed regatta or tions as he or she deems necessary to
marine parade to be held upon the nav- insure safety of life on the navigable
igable waters of the United States waters immediately prior to, during,
within his or her district shall take the and immediately after the approved re-
following action: gatta or marine parade. Such regula-
(1) He or she shall determine whether tions may include a restriction on, or
the proposed regatta or marine parade control of, the movement of vessels
may be held in the proposed location through a specified area immediately
with safety of life. To assist in his or prior to, during, and immediately after
her determination, he or she may, if he the regatta or marine parade.
or she deems it necessary, hold a public (b) The Commander of a Coast Guard
hearing to obtain the views of all per- District or COTP as authorized by 33
sons interested in, or who will be af- CFR 1.051(i), after approving plans for
fected by, the regatta or marine pa- the holding of a regatta or marine pa-
rade. rade upon the navigable waters within
(2) He or she will notify the indi- his or her district or zone, and promul-
vidual or organization which submitted gating special regulations thereto,
the application: must give the public full and adequate
(i) That the application is approved, notice of the dates of the regatta or
and the nature of the special local reg- marine parade, together with full and
ulations, if any, which he or she will complete information of the special
promulgate pursuant to 100.35; or local regulations, if there be such.
(ii) That the interest of safety of life Such notice should be published in the
on the navigable waters of the United local notices to mariners.
States requires specific change or (c) The special local regulations re-
changes in the application before it can ferred to in paragraph (a) of this sec-
be approved; or tion, when issued and published by the
(iii) That the event requires no regu- Commander of a Coast Guard District
lation or patrol of the regatta or ma- or COTP as authorized by 33 CFR 1.05
rine parade area; or 1(i), must have the status of regula-

tions issued pursuant to the provisions
244
of section 1 of the act of April 28, 1908, force the special local regulations or
as amended (33 U.S.C. 1233). laws generally.
[USCG20090416, 74 FR 27438, June 10, 2009] [CGFR 6322, 28 FR 5155, May 23, 1963, as
amended by CGFR 6532, 30 FR 8518, July 3,
100.40 Patrol of the regatta or ma- 1965; USCG200315404, 68 FR 37740, June 25,
rine parade. 2003]
(a) The Commander of a Coast Guard 100.45 Establishment of aids to navi-

District in which a regatta or marine gation.
parade is to be held may detail, if he or The District Commander will estab-
she deems the needs of safety require, lish and maintain only those aids to
one or more Coast Guard vessels to pa- navigation necessary to assist in the
trol the course of the regatta or marine observance and enforcement of the spe-
parade for the purpose of enforcing not cial regulations issued under the Dis-
only the special local regulations but trict Commanders authority. These
also for assistance work and the en- aids to navigation will be in accord-
forcement of laws generally. ance with Part 62 of this chapter. All
(b) The Commander of a Coast Guard other aids to navigation incidental to
District may also utilize any private the holding of a regatta or marine pa-
rade are private aids to navigation as
vessel or vessels to enforce the special
described in Part 66 of this chapter.
local regulations governing a regatta
or marine parade provided such vessel [CGD 86031, 52 FR 42645, Nov. 6, 1987]
or vessels have been placed at the dis-
100.101 Harvard-Yale Regatta,
position of the Coast Guard pursuant Thames River, New London, CT.
to section 826 in Title 14, U.S. Code, for
such purpose by any member of the (a) Regulated area. The Thames River
at New London, Connecticut, from the
Coast Guard Auxiliary, or any corpora-
Penn Central Draw Bridge to Bartlett
tion, partnership, or association, or by
Cove.
any State or political subdivision (b) Effective period. This section is in
thereof. Any private vessel so utilized effect on June 8, 1996, from 4:00 p.m. to
shall have on board an officer or petty 7:30 p.m. and each year thereafter on a
officer of the Coast Guard who shall be date and times specified in a FEDERAL
in charge of the vessel during the de- REGISTER notice. If the regatta is can-
tail and responsible for the law en- celed due to weather, this section will
forcement activities or assistance work be in effect on the following Sunday.
performed by the vessel during such de- (c) Special local regulations. (1) All
tail. Any private vessel so utilized will persons or vessels not registered with
display the Coast Guard ensign while the sponsor as participants or not part
engaged in this duty. of the regatta patrol are considered
(c) The Commander of a Coast Guard spectators.
District may also utilize any private (2) No spectator or press boats shall
vessel or vessels placed at the disposi- be allowed out onto or across the race
tion of the Coast Guard pursuant to course without Coast Guard escort.
(3) No person or vessel may transit
section 826 in Title 14, U.S. Code, by
through the regulated area during the
any member of the Coast Guard Auxil-
effective period unless participating in
iary, or any corporation, partnership, the event, or as authorized by the spon-
or association, or by any State or po- sor or Coast Guard Patrol personnel.
litical subdivision thereof, to patrol The Patrol Commander may open up
the course of the regatta or marine pa- the regulated area to allow for vessel
rade for the purpose of promoting safe- movement between scheduled races.
ty by performing assistance work, ef- (4) Spectator vessels must be at an-
fecting rescues, and directing the chor within a designated spectator area
movement of vessels in the vicinity of or moored to a waterfront facility
the regatta or marine parade. Vessels within the regulated area in such a
utilized under the authority of this way that they shall not interfere with
paragraph are not authorized to en- the progress of the event at least 30
minutes prior to the start of the races.
245
100.102 33 CFR Ch. I (7110 Edition)
They must remain moored or at anchor vessel operators of this regulation and
until the mens varsity have passed other applicable laws.
their positions. At that time, spectator
[CGD3 8516, 50 FR 23807, June 6, 1985, as
vessels located south of the Harvard amended by CGD1 8708, 52 FR 20387, June 1,
Boathouse may proceed downriver at a 1987. Redesignated and amended by CGD 87
reasonable speed. Vessels situated be- 008b, 52 FR 25219, July 6, 1987; CGD0195017,
tween the Harvard Boathouse and the 61 FR 21960, May 13, 1996; CGD 96052, 62 FR
finish line must remain stationary 16702, Apr. 8, 1997]
until both crews return safely to their
boathouses. If for any reason the mens 100.102 Great Connecticut River Raft
varsity crew race is postponed, spec- Race, Middletown, CT.
tator vessels will remain in position (a) Regulated Area. That section of
until notified by Coast Guard or re- the Connecticut River between Dart Is-
gatta patrol personnel. land (Marker no. 73) and Portland
(5) The last 1000 feet of the race Shoals (Marker no. 92), Middletown,
course near the finish line will be de- CT.
lineated by four (4) temporary white (b) Special Local Regulations. (1) The
buoys provided by the sponsor. All Coast Guard patrol commander may
spectator craft shall remain behind delay, modify, or cancel the race as
these buoys during the event. conditions or circumstances require.
(6) Spectator craft shall not anchor: (2) No person or vessel may enter,
(i) To the west of the race course, be- transit, or remain in the regulated area
tween Scotch Cap and Bartlett Point unless participating in the event or un-
Light. less authorized by the Coast Guard pa-
(ii) Within the race course boundaries trol commander.
or in such a manner that would allow (3) Vessels encountering emergencies
their vessel to drift or swing into the which require transit through the regu-
race course. lated area should contact the Coast
(7) During the effective period all Guard patrol commander on VHF
vessels shall proceed at a speed not to Channel 16. In the event of an emer-
exceed six (6) knots in the regulated gency, the Coast Guard patrol com-
area. mander may authorized a vessel to
(8) Spectator vessels shall not follow transit through the regulated area
the crews during the races. with a Coast Guard designated escort.
(9) Swimming is prohibited in the vi- (4) All persons and vessels shall com-
cinity of the race course during the ply with the instructions of the Coast
races. Guard on-scene patrol commander. On-
(10) A vessel operating in the vicinity scene patrol personnel may include
of the Submarine Base may not cause commissioned, warrant, and petty offi-
waves which result in damage to sub- cers of the U.S. Coast Guard. Upon
marines or other vessels in the floating hearing five or more short blasts from
drydocks. a U.S. Coast Guard vessel, the operator
(11) All persons and vessels shall of a vessel shall proceed as directed.
comply with the instructions of U.S. Members of the Coast Guard Auxiliary
Coast Guard patrol personnel. Upon will also be present to inform vessel op-
hearing five or more blasts from a U.S. erators of this regulation and other ap-
Coast Guard vessel, the operator of a plicable laws.
vessel shall stop immediately and pro- (c) Effective Period. This rule is effec-
ceed as directed. U.S. Coast Guard pa- tive from 10 a.m. to 2 p.m. on the last
trol personnel include commissioned, Saturday in July. If tidal conditions
warrant and petty officers of the Coast are not conductive to performing the
Guard. Members of the Coast Guard event it will take place the first Satur-
Auxiliary may be present to inform day in August.
[CGD0195178, 62 FR 35388, July 1, 1997, as

June 25, 2003]
246
100.105 Head of the Connecticut Re- 100.106 Freeport Grand Prix, Long
gatta. Beach, NY.
(a) Regulated Area. The regulated (a) Regulated area. The regulated area
area is that section of the Connecticut is a trapezoidal area on the coastal At-
River between the southern tip of lantic waters of Long Island to the
Gildersleeve Island and Light Number south of Long Beach, New York. The
87. regulated area is one and one quarter
(b) Special Local Regulations. (1) The (114) miles south of Long Beach and
regulated area is closed to all three and one quarter (314) miles north
transiting vessel traffic between 9:00 of the northern boundary of Ambrose
a.m. and 6:00 p.m. except for escorted Channel and is specifically bounded as
passages as described in (2) and (3) follows:
below. All transiting vessel movement (1) Northeast Corner. approximately
one and one quarter miles southwest of
will be done at the direction of the
Jones Inlet breakwater at coordinates
Coast Guard patrol commander.
403342 North; 0733543 West.
(2) Vessels less than 20 meters in (2) Southeast Corner. southwest of
length will be allowed to transit the Jones Inlet Approch Buoy (R 2;
regulated area only under escort and at Light List Number 685) at coordinates
the discretion of the Coast Guard pa- 403145 North; 0733619 West.
trol commander. (3) Southwest Corner. east of East
(3) Vessels over 20 meters in length Rockaway Approach Buoy (R 4;
will be allowed to transit the regulated Light List Number 690) at coordinates
area, under escort, from 12:30 p.m. to 403131 North; 0734221 West.
1:45 p.m. or as directed by the Coast (4) Northwest Corner. 403330 North;
Guard patrol commander. 0734057 West.
(4) All transiting vessels shall oper- (b) Special local regulations. Vessels
ate at No Wake speed or five (5) not participating in, or operating as a
knots whichever is slower. safety/rescue patrol shall:
(5) Southbound vessels awaiting es- (1) Not operate within the regulated
cort through the regulated area will be area.
held in the vicinity of the southern tip (2) Immediately follow any specific
of Gildersleeve Island. Northbound ves- instructions given by Coast Guard pa-
sels awaiting escort will be held at trol craft.
Light Number 87. (3) Exercise extreme caution when
(6) All vessels shall immediately fol- operating near the regulated area.
low any specific instructions given by (c) Effective Dates. These regulations
are effective at 11:00 a.m. on August 5,
Coast Guard patrol craft and exercise
1989 and terminate at 3:00 p.m. on Au-
extreme caution while operating in or
gust 5, 1989 and will be in effect each
near the regulated area.
year thereafter during the same time
(7) No person shall enter or remain in period on the first or second Sunday of
the regulated area unless participating August as published in a FEDERAL REG-
in the event or authorized by the event ISTER Notice and the Coast Guard
sponsor or Coast Guard patrol com- Local Notice to Mariners.
mander.
(8) The sponsor shall ensure that the [CGD1 89025, 54 FR 32066, Aug. 4, 1989]
event is concluded by 6:00 p.m. on the 100.107 Windjammer Days, Boothbay
day of the event. Harbor, Maine.
(c) Effective Dates. These regulations
(a) Regulated Area. The Boothbay
are effective from 9:00 a.m. to 6:00 p.m. Harbor entrance and harbor channel
on October 9, 1988 and each year there- extending from the Tumblers Island
after during the same time period on Buoy #8 area to Boothbay Inner Har-
the second Saturday of October or as bor. Specifically, the regulated area is
published in the local Coast Guard No- enclosed as follows: a line drawn due
tice to Mariners. east from the southwest (435010
[CGD1 88035, 53 FR 39273, Oct. 6, 1988, as North; 0693820 West to the Spruce
amended at CGDUI94136, 59 FR 49821, Sept. Point Shore; thence following the
30, 1994] shore north along Spruce Point and
247
100.108 33 CFR Ch. I (7110 Edition)
around the Boothbay Harbor to Rail- 43 North, longitude 694626 West in Au-
way Point (435054 North; 0693820 gusta, Maine).
West); thence extending seaward in a (b) Special Local Regulations. The fol-
southerly direction back to the south- lowing requirements will be placed on
west boundary of the regulated area. vessels operating within the regulated
(b) Special Local Regulations. (1) Be- area during the effective period of reg-
tween the hours of 2:30 p.m. and 4:00 ulation:
p.m. on July 11, 1989 an aircraft aero- (1) All persons on board any vessel
batic demonstration will take place in which does not possess a valid state
the southern portion of the regulated registration or federal documentation
area. All transiting and spectating ves- shall at all times wear a Coast Guard
sels shall remain clear of the waters approved Type I, II, or III personal flo-
below the flight area. Coast Guard ves- tation device (lifejacket).
sels will be present to direct marine (2) Spectator and/or transiting ves-
traffic and to establish exact spectator sels shall not exceed five (5) mph or
boundaries. NO WAKE speed, whichever is slow-
(2) When operating within the regu-
er.
lated area during the sail parade, all
(3) All vessels shall exercise extreme
vessels with the exception of official
caution when operating near parade
regatta patrol vessels, shall maintain a
participants and shall be alert for dis-
separation of at least 100 yards from
abled craft and persons possibly falling
the parade participants. The 100 yard
overboard.
area will move with each vessel in the
parade as they transit to Boothbay (4) All vessel operators shall imme-
Inner Harbor. diately follow any instruction given by
(3) Between the hours of 8:00 p.m. and Coast Guard patrol personnel.
10:30 p.m. on July 12, 1989, a fireworks (5) Coast Guard Auxiliarists will be
barge will be anchored southwest of patrolling the regatta to advise par-
McFarland Island in approximate loca- ticipants, spectators, and transiting
tion 435035 North; 383000 West. All vessels of the content of these regula-
vessels must maintain a clearance of tions.
300 yards from the barge or as directed (c) Effective period. This section is in
by Coast Guard patrol vessels. effect from 6 a.m. to 6 p.m. on June 30,
(4) All vessels shall exercise extreme 1996, and each year thereafter on a date
caution when operating in the regu- and times specified in a FEDERAL REG-
lated area. ISTER notice. If the event is canceled
(5) Coast Guard Auxiliarists will be due to weather, this section is effective
patrolling the regatta to advise par- the following day.
ticipants, spectators, and transiting [CGD1 89026, 54 FR 30036, July 18, 1989, as
vessels the content of these regula- amended by CGDO196016, 61 FR 26105, May
tions. 24, 1996; CGD 96052, 62 FR 16702, Apr. 8, 1997]
(c) Effective period. This section is in
effect from 2 p.m. to 10 p.m. on June 26 100.109 Winter Harbor Lobster Boat
and 27, 1996, and each year thereafter Race, Winter Harbor, ME.
on dates and times specified in a FED- (a) Regulated area. The regulated area
ERAL REGISTER notice.
includes all waters of Winter Harbor,
[CGD1 89058, 54 FR 30038, July 18, 1989, as ME, within the following points (NAD
amended by CGDO196016, 61 FR 26105, May 83):
24, 1996]
44 2307 N 068 0452 W
100.108 Great Kennebec River What- 44 2212 N 068 0452 W
ever Race. 44 2212 N 068 0508 W
44 2307 N 068 0508 W
(a) Regulated Area. That portion of
the Kennebec River, extending bank to (b) Special local regulations. (1) The
bank, between the Maine Route 126 Coast Guard patrol commander may
bridge (at latitude 4414 North, lon- delay, modify, or cancel the race as
conditions or circumstances require.
gitude 694615 West connecting Ran-

dolph and Gardiner, Maine) to the U.S. (2) No person or vessel may enter,
Route 201202 bridge (at latitude 4418 transit, or remain in the regulated area
248
unless participating in the event or un- gency, the Coast Guard patrol com-
less authorized by the Coast Guard pa- mander may authorize a vessel to tran-
trol commander. sit through the regulated area with a
(3) Vessels encountering emergencies Coast Guard designated escort.
which require transit through the regu- (4) All persons and vessels shall com-
lated area should contact the Coast ply with the instructions of the on-
Guard patrol commander on VHF scene Coast Guard patrol commander.
Channel 16. In the event of an emer- On-scene patrol personnel include com-
gency, the Coast Guard patrol commissioned, warrant, and petty officers
mander may authorize a vessel to tran- of the U.S. Coast Guard. Upon hearing
sit through the regulated area with a five or more short blasts from a U.S.
Coast Guard designated escort. Coast Guard vessel, the operator of a
(4) All persons and vessels shall com- vessel shall proceed as directed. Mem-
ply with the instructions of the Coast bers of the Coast Guard Auxiliary will
Guard on-scene patrol commander. On- also be present to inform vessel opera-
scene patrol personnel may include tors of the regulation in this section
commissioned, warrant, and petty offi- and other applicable laws.
cers of the Coast Guard. Upon hearing (c) Effective period. This section is in
five or more short blasts from a Coast effect from 10 a.m. to 1 p.m. on July 4,
Guard vessel, the operator of a vessel 1996, and each year thereafter on a date
shall proceed as directed. Members of and times published in a FEDERAL REG-
the Coast Guard Auxiliary may also be ISTER notice. If the event is canceled
present to inform vessel operators of due to weather, this section is in effect
this regulation and other applicable on the day following the published ef-
laws. fective date.
(c) Effective Period. This section is ef-
fective from 8 a.m. to 2 p.m., annually [CGD0195168, 61 FR 21962, May 13, 1996]
on the second Saturday in August, un-
less specified in a Coast Guard Notice 100.111 Stonington Lobster Boat
to Mariners. In case of inclement Races, Stonington, ME.
weather, this section will be in effect (a) Regulated area. The regulated area
the second Sunday in August at the includes all waters within the fol-
same time, unless otherwise specified lowing points:
in a Coast Guard Notice to Mariners. 4408.57 N 06840.12 W
[CGD0196008, 63 FR 37492, July 13 1998] 4409.05 N 06840.12 W
4409.15 N 06839.05 W
100.110 Worlds Fastest Lobster Boat 4409.05 N 06839.00 W
Race, Jonesport, ME. (b) Special local regulations. (1) Com-
(a) Regulated area. The regulated area mander, U.S. Coast Guard Sector
includes all waters of Moosabec Reach Northern New England reserves the
within the following points (NAD 83): right to delay, modify, or cancel the
443136 N 0673654 W race as conditions or circumstances re-
443148 N 0673442 W quire.
443136 N 0673442 W (2) No person or vessel may enter,
443118 N 0673654 W transit, or remain in the regulated area
(b) Special local regulations. (1) The during the effective period of regula-
Coast Guard patrol commander may tion unless participating in the event
delay, modify, or cancel the race as or unless authorized by the Coast
conditions or circumstances require. Guard patrol commander.
(2) No person or vessel may enter, (3) Vessels desiring to transit Deer Is-
transit, or remain in the regulated area land Thoroughfare may do so without
unless participating in the event or un- Coast Guard approval as long as the
less authorized by the Coast Guard pa- vessel remains outside the regulated
trol commander. area at specified times. No vessel will
(3) Vessels encountering emergencies be allowed to transit through any por-
which require transit through the regu- tions of the regulated area during the
lated area should contact the Coast actual race. Provisions will be made to
Guard patrol commander on VHF allow vessels to transit the regulated
Channel 16. In the event of an emer- area between race heats. In the event
249
100.112 33 CFR Ch. I (7110 Edition)
of an emergency, the Coast Guard pa- less authorized by the Coast Guard pa-
trol commander may authorize a vessel trol commander.
to transit through the regulated area (3) Vessels encountering emergencies
with a Coast Guard designated escort. which require transit through the regu-
Vessels encountering emergencies lated area should contact the Coast
which require transit through the regu- Guard patrol commander on VHF
lated area should contact the Coast Channel 16. In the event of an emer-
Guard patrol commander on VHF gency, the Coast Guard patrol com-
Channel 16. mander may authorize a vessel to tran-
(4) Spectator craft are authorized to sit through the regulated area with the
watch the race from any area as long Coast Guard designated escort.
as they remain outside the designated (4) All persons and vessels shall com-
regulated area. Spectator craft are ex- ply with the instructions of the Coast
pected to remain outside the regulated Guard on-scene patrol commander. On-
area from 10 a.m. to 4 p.m. unless per- scene patrol personnel may include
mission has been granted by the patrol commissioned, warrant, and petty offi-
commander. cers of the U.S. Coast Guard. Upon
(5) All persons and vessels shall com- hearing five or more short blasts from
ply with the instructions of the Com- a U.S. Coast Guard vessel, the operator
mander, U.S. Coast Guard Sector of a vessel shall proceed as directed.
Northern New England or the des- Members of the Coast Guard Auxiliary
ignated on-scene patrol commander. may also be present to inform vessel
On-scene patrol personnel include com- operators of this regulation and other
missioned, warrant, and petty officers applicable laws.
of the U.S. Coast Guard. Upon hearing (c) Effective period. This section is ef-
five or more short blasts from a U.S. fective on July 27, 1996, from 10:30 a.m.
Coast Guard vessel, the operator of a to 12:30 p.m., and each year thereafter
vessel shall stop immediately, then on a date and times published in a FED-
proceed as directed. Members of the ERAL REGISTER document.
Coast Guard Auxiliary will also be [CGD0195170, 61 FR 26104, May 24, 1996]
present to inform vessel operators of
this regulation and other applicable 100.113 Provincetown Harbor Swim
laws. for Life, Provincetown, MA.
(c) Effective period. This section is in (a) Regulated Area. All waters of
effect from 10 a.m. to 4 p.m. on August Provincetown Harbor within 200 feet of
3, 1996, and each year thereafter on a participating benefit swimmers.
date and times specified in a FEDERAL (b) Special Local Regulations. (1) The
REGISTER notice. If the event is can- Coast Guard patrol commander may
celed due to weather, this section is ef- delay, modify, or cancel the race as
fective the following day. conditions or circumstances require.
[CGD0195051, 60 FR 43977, Aug. 24, 1995, as (2) No person or vessel may enter,
amended by CGDO196016, 61 FR 26105, May transit, or remain in the regulated area
24, 1996; USCG200625556, 72 FR 36327, July 2, unless participating in the event or un-
2007] less authorized by the Coast Guard pa-
trol commander.
100.112 Swim the Bay, Narragansett (3) Vessels encountering emergencies
Bay, Narragansett, RI.
which require transit through the regu-
(a) Regulated area. All waters of the lated area should contact the Coast
East Passage of Narragansett Bay Guard patrol commander on VHF
within 200 feet of participating com- Channel 16. In the event of an emer-
petition swimmers. gency, the Coast Guard patrol com-
(b) Special local regulations. (1) The mander may authorize a vessel to tran-
Coast Guard patrol commander may sit through the regulated area with a
delay, modify, or cancel the race as Coast Guard designated escort.
conditions or circumstances require. (4) All persons and vessels shall com-
(2) No person or vessel may enter, ply with the instructions of the Coast
transit, or remain in the regulated area Guard on-scene patrol commander. On-
unless participating in the event or un- scene patrol personnel may include
250
commissioned, warrant, and petty offi- ERAL REGISTER document. If the event
cers of the U.S. Coast Guard. Upon is canceled due to weather, this regula-
hearing five or more short blasts from tion is effective the following day at
a U.S. Coast Guard vessel, the operator the same times.
of a vessel shall proceed as directed.
Members of the Coast Guard Auxiliary [CGD 0195169, 61 FR 45891, Aug. 30, 1996]
may also be present to inform vessel
operators of this regulation and other 100.114 Fireworks displays within
the First Coast Guard District.
applicable laws.
(c) Effective period. This section is ef- (a) Regulated area. That area of navi-
fective on September 7, 1996, from 10 gable waters within a 500-yard radius of
a.m. to 4 p.m. and annually thereafter the launch platform for each fireworks
on a date and times published in a FED- display listed in the following table.
FIREWORKS DISPLAY TABLE
May
Massachusetts:
5.1 ............... A night during Name: Hull Memorial Day Festival.
Memorial Day Sponsor: Town of Hull.
Weekend. Time: 8 p.m. to 10 p.m.
Location: Barge located 200 yards off Nantasket Beach, Hull, MA.
June
Maine:
6.1 ............... A night during Name: Windjammer Days Fireworks.
the Last week Sponsor: Boothbay Harbor Chamber of Commerce.
in June. Time: 9 p.m. to 11 p.m.
Location: Mcfarland Island, Boothbay Harbor, ME. 435048 N/
0693736 W (NAD 1983).
Connecticut:
6.2 ............... A night during Name: Barnum Festival Fireworks.
the Last week Sponsor: The Barnum Foundation.
in June. Time: 8 p.m. to 10 p.m.
Location: Seaside ParkBridgeport Harbor, Bridgeport, CT. 431130
N/0720030 W (NAD 1983).
July
Connecticut:
7.1 ............... A night during Name: American Legion Post 83 Fireworks.
the First week Sponsor: Town of Branford American Legion Post.
in July (or Time: 9 p.m. to 10 p.m.
Last week in Location: Branford Point, Branford, CT. 4121 N/0720520 W (NAD
June). 1983).
New York:
7.2 ............... A night during Name: Devon Yacht Club Fireworks.
the First week Sponsor: Devon Yacht Club, Amagansett, NY.
in July. Time: 9:30 p.m. to 10 p.m.
Location: Devon Yacht Club, Amagansett, NY. 400000 N/0720612
W (NAD 1983).
Maine:
7.3 ............... A night during Name: Schooner Days Fireworks.
the First two Sponsor: Town of Rockland Chamber of Commerce.
weeks in July. Time: 8 p.m. to 10 p.m.
Location: Rockland Harbor, Rockland, ME.
Connecticut:
251
100.114 33 CFR Ch. I (7110 Edition)
FIREWORKS DISPLAY TABLEContinued

7.4 ............... A night during Name: Stamford Fireworks.
the First two Sponsor: City of Stamford.
Location: Westcott Cove, Stamford, CT. 410201 N/73303 W (NAD
1983).
New York:
7.5 ............... A night during Name: Town of Babylon Fireworks.
the First two Sponsor: Town of Babylon, NY.
Location: Nezeras Island, Babylon, NY.
Massachusetts:
7.6 ............... Friday or Satur- Name: Hingham 4th of July Fireworks.
day prior to Sponsor: Town of Hingham, MA.
July 4th. Time: 8 p.m. to 10 p.m.
Location: Hingham Harbor, Hingham, MA. 421530 N/70532 W
(NAD 1983).
Massachusetts:
7.7 ............... Friday or Satur- Name: Weymouth 4th of July Fireworks.
day prior to Sponsor: Town of Weymouth Harbormaster.
July 4th. Time: 8:30 p.m. to 10:45 p.m.
Location: Weymouth Fore River, Weymouth, MA. 421530 N/70566
W (NAD 1983).
Vermont:
7.8 ............... July 3rd ............ Name: Burlington Fireworks Display.
Sponsor: City of Burlington, VT.
Time: 8:30 p.m. to 11 p.m.
Location: Lake Champlain, Burlington Bay, VT. A barge beside the Bur-
lington Bay Breakwater. 442830.5 N/0731332 W (NAD 1983).
Massachusetts:
7.9 ............... July 3rd ............ Name: Gloucester Fireworks.
Sponsor: Gloucester Chamber of Commerce.
Time: 8 p.m. to 10 p.m.
Location: Gloucester Harbor, Stage Fort Park, Gloucester, MA.
Connecticut:
7.10 ............. July 3rd ............ Name: Summer Music Fireworks.
Sponsor: Summer Music, Inc.
Location: Off of Harkness Park, Long Island Sound, Waterford, CT.
411800 N/0720642 W.
New York:
7.11 ............. July 3rd ............ Name: Salute to Veterans.
Sponsor: Town of North Hempstead, NY
Location: Hempstead, NY. Point Lookout 403534 N/0733524 W
(NAD 1983).
Maine:
7.12 ............. July 4th (Rain Name: Bangor Fireworks.
date: July Sponsor: Bangor 4th of July Corporation.
5th). Time: 9:30 p.m. to 10 p.m.
Location: Bangor/Brewer waterfront, ME. 44476 N/068118 W
(NAD 1983).
Maine:
252

7.13 ............. July 4th ............ Name: Bar Harbor Fireworks.
Sponsor: Bar Harbor Chamber of Commerce.
Time: 8:30 p.m. to 9:30 p.m.
Location: Bar Harbor/Bar Island, ME. 44236 N/068118 W (NAD
1983).
Maine:
7.14 ............. July 4th ............ Name: Stewarts 4th of July Fireworks Display.
Sponsor: W.P. Stewart.
Time: 9 p.m. to 9:30 p.m.
Location: Somes Sound, Northeast Harbor, ME. 44183 N/068182
W (NAD 1983).
Maine:
7.15 ............. July 4th ............ Name: Walshs Fireworks.
Sponsor: Mr. Patrick Walsh.
Time: 8:30 p.m. to 9:30 p.m.
Location: Union River, Bay, ME. 44235 N/068272 W (NAD 1983).
Massachusetts:
7.16 ............. July 4th ............ Name: Town of Barnstable Fireworks.
Sponsor: Town of Barnstable.
Location: Dunbar Point/Kalmus Beach, Barnstable, MA. 413830 N/
07016 W (NAD 1983).
Massachusetts:
7.178 ........... July 4th ............ Name: Beverly Farms Fireworks.
Sponsor: Farms-Pride 4th of July Committee, Inc.
Location: West Beach, Manchester Bay, Beverly Farms, MA. 423351
N/0704829 W (NAD 1983).
Massachusetts:
7.18 ............. July 4th ............ Name: Edgartown Fireworks.
Sponsor: Edgartown Firefighters Association.
Location: Edgartown Harbor, Edgartown, MA. 412325 N/0702945
W (NAD 1983).
Massachusetts:
7.19 ............. July 4th ............ Name: Falmouth Fireworks.
Sponsor: Falmouth Fireworks Committee
Location: Falmouth Harbor, .25 NM east of buoy #16, Falmouth, MA.
412312 N/0702945 W (NAD 1983).
Massachusetts:
7.20 ............. July 4th ............ Name: Marion Fireworks.
Sponsor: Town of Marion Harbormaster.
Location: Silver Shell Beach, Marion, MA. 414530 N/0704524 W
(NAD 1983).
Massachusetts:
7.21 ............. July 4th ............ Name: City of New Bedford Fireworks.
Sponsor: City of New Bedford.
Time: 9 p.m. to 10:30 p.m.
Location: New Bedford Harbor, New Bedford, MA. 4141 N/07040 W
(NAD 1983).
Massachusetts:
253
100.114 33 CFR Ch. I (7110 Edition)

7.22 ............. July 4th ............ Name: Onset Fireworks.
Sponsor: Town of Wareham, MA.
Location: Onset Harbor, Onset, MA. 4138 N/07155 W (NAD 1983).
Massachusetts:
7.23 ............. July 4th ............ Name: Plymouth Fireworks Display.
Sponsor: July Four Plymouth Inc.
Location: Plymouth Harbor, Plymouth, MA. 415720 N/0703820 W
(NAD 1983).
Massachusetts:
7.24 ............. July 4th ............ Name: Lewis Bay Fireworks.
Sponsor: Town of Yarmouth, MA.
Time: 9:30 p.m. to 10 p.m.
Location: Great Island, Lewis Bay. 413830 N/0711706 W (NAD
1983).
Rhode Island:
7.25 ............. July 4th ............ Name: Bristol 4th of July Fireworks.
Sponsor: Bristol 4th of July Committee.
Time: 9:30 p.m. to 10 p.m.
Location: Bristol Harbor, Bristol, RI. 413954 N/0712018 W (NAD
1983).
Rhode Island:
7.26 ............. July 4th ............ Name: City of Newport Fireworks.
Sponsor: City of Newport
Time: 9:15 p.m. to 10 p.m
Location: 412848 N/0712018 W (NAD 1983).
Rhode Island:
7.27 ............. July 4th ............ Name: Oyster Harbor Club Fourth of July Festival.
Sponsor: Oyster Harbor Club, Inc.
Location: Tims Cove, North Bay, Osterville, RI. 413730 N/
0702321 W (NAD 1983).
Rhode Island:
7.28 ............. July 4th ............ Name: Slade Farms Fireworks.
Sponsor: Slade Farm, Somerset, RI.
Location: 414336 N/0710918 W (NAD 1983).
Connecticut:
7.29 ............. July 4th ............ Name: Fairfield Aerial Fireworks.
Sponsor: Fairfield Park Commission.
Location: Jennings Beach, Long Island Sound, Fairfield, CT. 410822
N/0731402 W.
Connecticut:
7.30 ............. July 4th ............ Name: Subfest Fireworks.
Sponsor: U.S. Naval Submarine Base.
Location: Thames River, Groton, CT.
Connecticut:
7.31 ............. July 4th ............ Name: Hartford Riverfest.
Sponsor: July 4th Riverfest, Inc.
Location: Connecticut River, Hartford, CT.
Connecticut:
254

7.32 ............. July 4th ............ Name: Middletown Fireworks.
Sponsor: City of Middletown.
Location: Connecticut River, Middletown Harbor, Middletown, CT.
413379 N/0733883 W (NAD 1983).
Connecticut:
7.33 ............. July 4th ............ Name: Old Lyme Fireworks.
Sponsor: Mr. James R. Rice.
Location: Sound View Beach, Long Island Sound, Old Lyme, CT.
New York:
7.34 ............. July 4th ............ Name: Bayville Crescent Club Fireworks.
Sponsor: Bayville Crescent Club, Bayville, NY.
Location: Cooper Bluff, Cove Neck, NY.
New York:
7.35 ............. July 4th ............ Name: Montauk Independence Day.
Sponsor: Montauk Chamber of Commerce.
Location: Montauk Town Beach, Montauk, NY.
New York:
7.36 ............. July 4th ............ Name: Jones Beach State Park Fireworks.
Sponsor: Long Island State Park Administration Headquarters.
Time: 9 p.m. to 10:15 p.m.
Location: Fishing Pier, Jones Beach State Park, Wantagh, NY.
40357 N/073306 W (NAD 1983).
New York:
7.37 ............. July 4th ............ Name: Dolan Family Fireworks.
Sponsor: Mr. Charles F. Dolan.
Location: Cove Point, Oyster Bay, NY.
Massachusetts
7.38 ............. July 4th ............ Name: Wellfleet Fireworks.
Sponsor: Wellfleet Fireworks Committee.
Location: Indian Neck Jetty, Wellfleet, MA. 415524 N/0700206 W
(NAD 1983).
Connecticut:
7.39 ............. Weekend fol- Name: Thames River Fireworks.
lowing July Sponsor: Town of Groton.
4th. Time: 8 p.m. to 10 p.m.
Location: Thames River, off Electric Boat, Groton, CT.
New York:
7.40 ............. A night during Name: Boys Harbor Fireworks Extravaganza.
the Second or Sponsor: Boys Harbor Inc.
Third week- Time: 9 p.m. to 10 p.m.
end in July. Location: Three Mile Harbor, East Hampton, NY. 4115 N/0701191
W (NAD 1983).
Maine:
7.41 ............. Third Saturday Name: Belfast Fireworks.
in July. Sponsor: Belfast Bay Festival Committee.
Location: Belfast Bay, ME.
255
100.114 33 CFR Ch. I (7110 Edition)

August
Connecticut:
8.1 ............... A night during Name: Summer Music Fireworks.
the First week Sponsor: Summer Music Inc.
of August. Time: 8 p.m. to 10 p.m.
Location: Niantic River, Harkness Park, Waterford, CT.
Massachusetts:
8.2 ............... A night during Name: Fall River Celebrates America Fireworks.
the First Sponsor: Fall River Chamber of Commerce.
weekend in Time: 9:15 p.m. to 10 p.m.
August. Location: Taunton River, vicinity of buoy #17, Fall River, MA 41434
N/0710948 W (NAD 1983).
Connecticut:
8.3 ............... A night during Name: Hartford Riverfront Regatta.
the First two Sponsor: Riverfront Recapture Inc.
weeks in Au- Time: 8 p.m. to 10 p.m.
gust. Location: Connecticut River, Hartford, CT.
Connecticut:
8.4 ............... A night during Name: Summer Music Fireworks.
the Third Sponsor: Summer Music Inc.
week in Au- Time: 8 p.m. to 10 p.m.
gust. Location: Niantic River, Harkness Park, Waterford, CT.
Massachusetts:
8.5 ............... Last weekend in Name: Oaks Bluff Fireworks.
August. Sponsor: Oaks Bluff Firemans Civic Association.
Location: Oaks Bluff Beach, Oaks Bluff, MA.
Connecticut:
8.6 ............... Last Sunday in Name: Norwich Harbor Day Fireworks.
August. Sponsor: Harbor Day Committee.
Location: Norwich Harbor, off American, Wharf Marina, Norwich, CT.
Massachusetts:
8.7 ............... A night during Name: Gloucester Fireworks.
Labor day Sponsor: Gloucester Chamber of Commerce.
weekend. Time: 8 p.m. to 10 p.m.
Location: Gloucester Harbor, Stage Fort, Gloucester, MA.
Maine:
8.8 ............... A night during Name: Camden Fireworks Display.
Labor day Sponsor: Town of Camden Chamber of Commerce.
Location: Camden Harbor, Camden, ME.
September
Massachusetts:
9.1 ............... A night during Name: Gloucester Fireworks.
Labor day Sponsor: Gloucester Chamber of Commerce.
Location: Gloucester Harbor, Stage Fort Park, Gloucester, MA.
Maine:
9.2 ............... A night during Name: Camden Fireworks Display.
Labor day Sponsor: Town of Camden Chamber of Commerce.

Location: Camden Harbor, Camden, ME.
256

Connecticut:
9.3 ............... A night during Name: Taste of Italy.
the weekend Sponsor: Italian Heritage Committee.
following Time: 8 p.m. to 10 p.m.
Labor day. Location: Norwich Harbor, off Norwich Marina, Norwich, CT. 413120
N/0730483 W (NAD 1983).
Rhode Island:
9.4 ............... A night during Name: Newport Salute to Summer.
the First Sponsor: Naval Education and Training Center.
weekend in Time: 8:30 p.m. to 10 p.m.
September. Location: Narragansett Bay, East Passage, off Coasters Harbor Island,
Newport, RI. 4125 N/07120 W (NAD 1983).
Connecticut:
9.5 ............... First or Second Name: Norwalk Oyster Festival Fireworks.
Saturday in Sponsor: Norwalk Seaport Association.
September. Time: 8 p.m. to 10 p.m.
Location: Norwalk Harbor, Norwalk, CT.
New York:
9.6 ............... A night during Name: Cow Harbor Day Fireworks.
the Last two Sponsor: Village of Northport Harbor.
weekends in Time: 8 p.m. to 10 p.m.
September. Location: Sand Pit, Northport Harbor, Northport, NY.
October
Massachusetts:
10.1 ............. A night during Name: Yarmouth Seaside Festival Fireworks.
the Second Sponsor: Yarmouth Seaside Festival.
weekend of Time: 8 p.m. to 9 p.m.
October. Location: Seagull Beach, W. Yarmouth, MA 413806 N/07013 13 W
(NAD 1983).
December
Massachusetts:
12.1 ............. December 31st Name: First Night Fireworks.
Sponsor: First Night Inc.
Time: 11:45 p.m. to 12:30 a.m.
Location: Center of Boston Inner Harbor, Boston, MA 422142.4 N/
0710236.5 W (NAD 1983).
Massachusetts:
12.2 ............. December 31st Name: First Night Marthas Vineyard.
Sponsor: Town of Marthas Vineyard Chamber of Commerce.
Time: 10 p.m. to 12:30 a.m.
Location: Vineyard Haven Harbor, Marthas Vineyard, MA 41276 N/
070358 W (NAD 1983).
Massachusetts:
12.3 ............. December 31st Name: City of New Bedford First Night.
Sponsor: City of New Bedford.
Time: 11:45 p.m. to 12:30 a.m.
Location: New Bedford Harbor, New Bedford, MA 4138.2 N/
070550 W (NAD 1983).
Connecticut:
12.4 ............. December 31st Name: First night Mystic.
Sponsor: Mystic Community Center.
Time: 11:45 p.m. to 12:30 a.m.
Location: Mystic River, Mystic, CT.
Rhode Island:
257
100.116 33 CFR Ch. I (7110 Edition)

12.5 ............. December 31st Name: Newport Fireworks.
Sponsor: Newport Cultural Commission.
Time: 11 p.m. to 1 a.m.
Location: 412848 N/0712018 W (NAD 1983).
(b) Special local regulations. (1) No per- (b) Special Local Regulations. (1) The
son or vessel may enter, transit, or re- Coast Guard patrol commander may
main within the regulated area during delay, modify, or cancel the race as
the effective period of regulation un- conditions or circumstances require.
less authorized by the Coast Guard pa- (2) No person or vessel may enter,
trol commander. transit, or remain in the regulated area
(2) Vessels encountering emergencies unless participating in the event or un-
which require transit through the regu- less authorized by the Coast Guard pa-
lated area should contact the Coast trol commander.
Guard patrol commander on VHF (3) Vessels encountering emergencies
Channel 16. In the event of an emer- which require transit through the regu-
gency, the Coast Guard patrol com- lated area should contact the Coast
mander may authorize a vessel to tran- Guard patrol commander on VHF
sit through the regulated area with a Channel 16. In the event of an emer-
Coast Guard designated escort. gency, the Coast Guard patrol com-
(3) All persons and vessels shall commander may authorize a vessel to tran-
ply with the instructions of the Coast sit through the regulated area with a
Guard on-scene patrol commander. On- Coast Guard designated escort.
(4) All persons and vessels shall com-
scene patrol personnel may include
ply with the instructions of the Coast
commissioned, warrant, and petty offi-
Guard on-scene patrol commander. On-
cers of the U.S. Coast Guard. Upon
scene patrol personnel include commis-
hearing five or more short blasts from
sioned, warrant, and petty officers of
a U.S. Coast Guard vessel, the operator
the U.S. Coast Guard. Upon hearing
of a vessel shall proceed as directed.
five or more short blasts from a U.S.
Members of the Coast Guard Auxiliary
Coast Guard vessel, the operator of a
may also be present to inform vessel
vessel shall proceed as directed. Mem-
operators of this regulation and other
bers of the Coast Guard Auxiliary may
applicable laws.
also be present to inform vessel opera-
(c) Effective dates. This rule is in ef-
tors of this section and other applica-
fect from one hour before the scheduled
ble laws.
start of the event until thirty minutes (c) Effective period. This section is in
after the last firework is exploded for effect annually on one day during the
each event listed in the Table. For last week of July or first week in Au-
those events listed without a specific gust. Actual dates and time will be
time or date, an annual FEDERAL REG- published in a FEDERAL REGISTER docu-
ISTER document will be published indi-
ment.
cating event dates and times.
[CGD0196015, 63 FR 37249, July 10, 1998]
[CGD0199009, 64 FR 34544, June 28, 1999;
CGD0199009, 65 FR 37583, July 12, 1999, as 100.118 Searsport Lobster Boat
amended by USCG20007223, 65 FR 40055, Races, Searsport Harbor, ME.
June 29, 2000; GCD0105012, 70 FR 43764, July
29, 2005; USCG20070111; 73 FR 12883, Mar. 11, (a) Regulated Area. The regulated
2008; USCG20080179, 73 FR 35002, June 19, area includes all waters of Searsport
2008; USCG20090416, 74 FR 27438, June 10, Harbor, ME, within the following
2009] points (NAD 83):
442651 N 0685420 W
100.116 Swim Buzzards Bay Day, 442703 N 0685420 W
New Bedford, MA. 442703 N 0685517 W
442651 N 0685517 W
(a) Regulated Area. All waters of the

Acushnet River, within 200 feet of par- (b) Special Local Regulations. (1) The
ticipating swimmers. Coast Guard patrol commander may
258
delay, modify, or cancel the race as delay, modify, or cancel the race as
conditions or circumstances require. conditions or circumstances require.
(2) No person or vessel may enter, (2) No person or vessel may enter,
transit, or remain in the regulated area transit, or remain in the regulated area
unless participating in the event or un- unless participating in the event or un-
less authorized by the Coast Guard pa- less authorized by the Coast Guard pa-
trol commander. trol commander.
(3) Vessels encountering emergencies (3) Vessels encountering emergencies
which require transit through the regu- which require transit through the regu-
lated area should contact the Coast lated area should contact the Coast
Guard patrol commander on VHF Guard patrol commander on VHF
Channel 16. In the event of an emer- Channel 16. In the event of an emer-
gency, the Coast Guard patrol com- gency, the Coast Guard patrol com-
mander may authorize a vessel to tran- mander may authorize a vessel to tran-
sit through the regulated area with a sit through the regulated area with a
Coast Guard designated escort. Coast Guard designated escort.
(4) All persons and vessels shall com- (4) All persons and vessels shall com-
ply with the instructions of the Coast ply with the instructions of the Coast
Guard on-scene patrol commander. On- Guard on-scene patrol commander. On-
scene patrol personnel may include scene patrol personnel may include
commissioned, warrant, and petty offi- commissioned, warrant, and petty offi-
cers of the U.S. Coast Guard. Upon cers of the U.S. Coast Guard. Upon
hearing five or more short blasts from hearing five or more short blasts from
a U.S. Coast Guard vessel, the operator a U.S. Coast Guard vessel, the operator
of a vessel shall proceed as directed. of a vessel shall proceed as directed.
Members of the Coast Guard Auxiliary Members of the Coast Guard Auxiliary
may also be present to inform vessel may also be present to inform vessel
operators of this regulation and other operators of this regulation and other
applicable laws. applicable laws.
(c) Effective period. This section is in
(c) Effective date. This section is in ef-
effect on August 24, 1996, and each year
fect on June 21, 1996, from 10:00 a.m. to
thereafter on the fourth Saturday in
3:30 p.m., and biennially thereafter on a
August. If the event is canceled due to
date and times published in a FEDERAL
weather, this section is effective the
REGISTER document.
following day.
[CGD0196025, 61 FR 32332, June 24, 1996]
[CGD 0196022, 61 FR 59024, Nov. 20, 1996]
100.119 Newport-Bermuda Regatta, 100.121 Swim Across the Sound, Long

Narragansett Bay, Newport, RI Island Sound, Port Jefferson, NY to
Captains Cove Seaport, Bridgeport,
(a) Regulated area. The regulated area CT.
includes all waters of Narragansett
(a) Regulated area. All navigable wa-
Bay, Newport, RI, within the following
ters of Long Island Sound within 100
points (NAD 83):
yards of any swimmer or safety craft
412751 N 0712214 W
on the race course bounded by the fol-
412724 N 0712157 W
412709 N 0712239 W lowing points: Starting Point at Port
412736 N 0722255 W Jefferson Beach at approximate posi-
tion 405811.71 N 0730551.12 W, north-
In the event that weather conditions westerly to the finishing point at Cap-
prohibit a safe race start within the ap- tains Cove Seaport at approximate lo-
proach to Newport Harbor, the race cation 410925.07 N 0731247.82 W.
will begin offshore and the following (b) Definitions. The following defini-
regulated area applies (NAD 83): tion applies to this section: Designated
412604 N 0712216 W On-scene Patrol Personnel, means any
412536 N 0712158 W commissioned, warrant and petty offi-
412545 N 0712240 W cers of the U.S. Coast Guard operating
412549 N 0712256 W
Coast Guard vessels who have been au-

(b) Special local regulations. (1) The thorized to act on the behalf of the
Coast Guard patrol commander may Captain of the Port Long Island Sound.
259
100.124 33 CFR Ch. I (7110 Edition)
(c) Special local regulations. (1) No per- tion 403801 N 0731307 W, northerly
son or vessel may approach or remain through approximate points 403852 N
within 100 yards of any swimmer or 0731309 W, 403940 N 0731330 W,
safety craft within the regulated area 404030 N 0731400 W, and finishing at
during the enforcement period of this Gilbert Park, Brightwaters, NY at ap-
regulation unless they are officially proximate position 404225 N 0731452
participating in the Swim Across the W.
Sound event or are otherwise author- (b) Definitions. The following defini-
ized by the Captain of the Port Long tion applies to this section: Designated
Island Sound or by Designated On- On-scene Patrol Personnel, means any
scene Patrol Personnel. commissioned, warrant and petty offi-
(2) All persons and vessels must com- cers of the U.S. Coast Guard operating
ply with the instructions from Coast Coast Guard vessels who have been au-
Guard Captain of the Port or the Des- thorized to act on the behalf of the
ignated On-scene Patrol Personnel. The Captain of the Port, Long Island
Designated On-scene Patrol Personnel Sound.
may delay, modify, or cancel the swim (c) Special local regulation. (1) No per-
event as conditions or circumstances son or vessel may enter, transit, or re-
require. main within 100 yards of any swimmer
(3) Upon being hailed by a U.S. Coast or safety craft within the regulated
Guard vessel by siren, radio, flashing area during the enforcement period of
light or other means, the operator of this regulation unless they are offi-
the vessel must proceed as directed. cially participating in the Maggie
(4) Persons and vessels desiring to Fischer Memorial Great South Bay
enter the regulated area within 100 Cross Bay Swim event or are otherwise
yards of a swimmer or safety craft may authorized by the Captain of the Port
request permission to enter from the Long Island Sound or by designated on-
designated on scene patrol personnel scene patrol personnel.
by contacting them on VHF16 or by a (2) All persons and vessels must com-
request to the Captain of the Port ply with the instructions from Coast
Long Island Sound via phone at (203) Guard Captain of the Port or the Des-
4684401. ignated On-scene Patrol Personnel. The
(d) Enforcement Period. This rule is Designated On-scene Patrol Personnel
enforced on August 7, 2010 and there- may delay, modify, or cancel the swim
after annually on a single Saturday event as conditions or circumstances
during the last weekend of July or one require.
of the first two weekends in August, (3) Upon being hailed by a U.S. Coast
depending on the tides. Notification of Guard vessel by siren, radio, flashing
the specific date and enforcement of light or other means, the operator of
the special local regulation will be the vessel must proceed as directed.
made via a Notice of Enforcement in (4) Persons and vessels desiring to
the FEDERAL REGISTER, separate ma- enter the regulated area within 100
rine broadcasts and local notice to yards of a swimmer or safety craft may
mariners. request permission to enter from the
[USCG20090395, 75 FR 34636, June 18, 2010] designated on scene patrol personnel
on VHF16 or the Captain of the Port,
EFFECTIVE DATE NOTE: By USCG20090395,
Long Island Sound via phone at (203)
75 FR 34636, June 18, 2010, 100.121 was added,
effective July 19, 2010. 4684401.
(d) Enforcement Period. This section
100.124 Maggie Fischer Memorial will be enforced annually on a date to
Great South Bay Cross Bay Swim, be determined each July. Public notifi-
Great South Bay, New York. cation of the specific date and times of
(a) Regulated area. All navigable wa- enforcement will be made each year via
ters of Great South Bay, NY within a a Notice of Enforcement in the FED-
100 yard radius of each swimmer or ERAL REGISTER, separate marine broad-
safety craft on the swim event race casts and local notice to mariners.
course bounded by the following points: [USCG20090302, 74 FR 32430, July 8, 2009, as

Starting Point at the Fire Island amended by USCG20090302, 75 FR 29893,
Lighthouse Dock in approximate posi- May 28, 2010]
260
100.501 Special Local Regulations; (2) The Coast Guard Patrol Com-
Marine Events in the Fifth Coast mander may terminate the event, or
Guard District. the operation of any vessel partici-
The following regulations apply to pating in the event, at any time it is
the marine events listed in the Table deemed necessary for the protection of
to 100.501. These regulations will be life or property.
effective annually, for the duration of (3) Only event sponsor designated
each event listed in the Table to participants and official patrol vessels
100.501. Annual notice of the exact are allowed to enter the regulated area.
dates and times of the effective period (4) Spectators are allowed inside the
of the regulation with respect to each regulated area only if they remain
event, the geographical area, and de- within a designated spectator area.
tails concerning the nature of the Spectators may contact the Coast
event and the number of participants Guard Patrol Commander to request
and type(s) of vessels involved will be permission to pass through the regu-
published in Local Notices to Mariners lated area. If permission is granted,
and via Broadcast Notice to Mariners spectators must pass directly through
over VHFFM marine band radio. the regulated area at safe speed and
(a) Definitions. The following defini- without loitering.
tions apply to this section: (d) Contact Information. Questions
(1) Coast Guard Patrol Commander. A about marine events should be ad-
Patrol Commander is a commissioned, dressed to the local Coast Guard Cap-
warrant, or petty officer of the Coast tain of the Port for the area in which
Guard who has been designated by the the event is occurring. Contact infor-
respective Coast Guard SectorCap- mation is listed below. For a descrip-
tain of the Port to enforce these regu- tion of the geographical area of each
lations. Coast Guard SectorCaptain of the
(2) Official Patrol. Any vessel assigned Port zone, please see subpart 3.25 of
or approved by the respective Captain this chapter.
of the Port with a commissioned, war- (1) Coast Guard Sector Delaware
rant, or petty officer on board and dis- BayCaptain of the Port Zone, Phila-
playing a Coast Guard ensign. delphia, Pennsylvania: (215) 2714944.
(3) Spectators. All persons and vessels
(2) Coast Guard Sector Baltimore
not registered with the event sponsor
Captain of the Port Zone, Baltimore,
as participants or official patrol ves-
Maryland: (410) 5762525.
sels.
(b) Event Patrol. The Coast Guard (3) Coast Guard Sector Hampton
may assign an event patrol, as de- RoadsCaptain of the Port Zone, Nor-
scribed in 100.40 of this part, to each folk, Virginia: (757) 4838567.
regulated event listed in the table. Ad- (4) Coast Guard Sector North Caro-
ditionally, a Patrol Commander may linaCaptain of the Port Zone, Atlan-
be assigned to oversee the patrol. The tic Beach, North Carolina: (252) 247
event patrol and Patrol Commander 4545.
may be contacted on VHFFM Channel (5) Coast Guard Marine Safety Unit
16. WilmingtonCape Fear River Captain
(c) Special Local Regulations. (1) The of the Port Zone, Wilmington, North
Coast Guard Patrol Commander may Carolina: (910) 7722200.
forbid and control the movement of all (e) Application for Marine Events. The
vessels in the regulated area(s). When application requirements of 100.15 of
hailed or signaled by an official patrol this part apply to all events listed in
vessel, a vessel in these areas shall im- the Table to 100.501. For information
mediately comply with the directions on applying for a marine event, contact
given. Failure to do so may result in the Captain of the Port for the area in
expulsion from the area, citation for which the event will occur, at the
failure to comply, or both. phone numbers listed above.
261
100.501 33 CFR Ch. I (7110 Edition)
TABLE TO 100.501ALL COORDINATES LISTED IN THE TABLE TO 100.501 REFERENCE DATUM

NAD 1983
No. Date Event Sponsor Location
Coast Guard Sector Delaware BayCOTP Zone
1 .... June1st Sunday .... Atlantic County Atlantic Coun- The waters of Great Egg Harbor Bay, adjacent to Somers
Day at the ty, New Jer- Point, New Jersey, bounded by a line drawn along the fol-
Bay. sey. lowing 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 lati-
tude 391800 N; and bounded to the west by a line that
runs along longitude 0743700 W.
2 .... June3rd Saturday Annual Escape Escape from All waters of the Delaware River between Pea Patch Island
from Fort Fort Dela- and Delaware City, Delaware, bounded by a line con-
Delaware ware necting the following points: Latitude 393635.7 N, lon-
Triathlon. Triathlon, Inc. gitude 0753525.6 W, to latitude 393457.3 N, longitude
0753323.1 W, to latitude 393411.9 N, longitude
0753633.9 W.
3 .... July4th Saturday ... Night in Venice City of Ocean The waters of Great Egg Harbor Bay and Beach Thorofare
City, NJ, along the Intracoastal Waterway (ICW), adjacent to Ocean
Night in Ven- City, New Jersey, bounded by a line drawn at the following
ice Com- points: Bounded to the north by a line that runs along lon-
mittee. gitude 0743335 W, that crosses the ICW in the vicinity of
the northern end of the Great Egg Harbor Inlet bridge;
bounded to the south by a line that runs along longitude
0743630 W, that crosses the ICW in the vicinity of day
beacon #270. The regulated area includes the ICW be-
tween the northern and southern boundaries and 100 yards
on either side of the ICW centerline.
4 .... JulyOn or about U.S. holiday City of Phila- The waters of the Delaware River, adjacent to Philadelphia,
July 4th. celebrations. delphia. 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.
5 .... August2nd Friday, Point Pleasant Offshore Per- The waters of the Atlantic Ocean bounded by a line drawn
Saturday and Sun- OPA/NJ Off- formance As- from a position along the shoreline near Normandy Beach,
day. shore Grand sociation NJ, at latitude 400000 N, longitude 0740330 W,
Prix. (OPA) and thence easterly to latitude 395940 N, longitude
New Jersey 0740200 W, thence southwesterly to latitude 395635
Offshore N, longitude 0740300 W, thence westerly to a position
Racing Assn. near the Seaside Heights Pier at latitude 395635 N, lon-
gitude 0740415 W, thence northerly along the shoreline
to the point of origin.
6 .... July3rd Wednes- New Jersey Offshore Per- The waters of the Manasquan River from the New York and
day and Thursday. Offshore formance Long Branch Railroad to Manasquan Inlet, together with all
Grand Prix. Assn. & New of the navigable waters of the United States from Asbury
Jersey Off- Park, New Jersey, latitude 401400 N; southward to Sea-
shore Racing side Park, New Jersey latitude 395500 N, from the New
Assn. Jersey shoreline seaward to the limits of the Territorial
Sea. The race course area extends from Asbury Park to
Seaside Park from the shoreline, seaward to a distance of
8.4 nautical miles.
7 .... August4th Thunder Over Atlantic City The waters of the Atlantic Ocean, adjacent to Atlantic City,
Wednesday. the Board- Chamber of New Jersey, bounded by a line drawn between the fol-
walk Air Commerce. lowing points: Southeasterly from a point along the shore-
show. line at latitude 392131 N, longitude 0742504 W,
thence 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.
8 .... September3rd Sat- Annual Escape Escape from All waters of the Delaware River between Pea Patch Island
urday. from Fort Fort Dela- and Delaware City, Delaware, bounded by a line con-
Delaware ware necting the following points: Latitude 393635.7 N, lon-
Triathlon. Triathlon, Inc. gitude 0753525.6 W, to latitude 393457.3 N, longitude
0753633.9 W.
262

NAD 1983Continued
9 .... Septemberlast Fri- Sunset Lake Sunset Lake All waters of Sunset Lake, New Jersey, from shoreline to
day, Saturday and Hydrofest. Hydrofest shoreline, south of latitude 385832 N.
Sunday; October Assn.
first Friday, Satur-
day and Sunday.
10 .. October2nd Satur- The Liberty Offshore Per- The waters of the Delaware River, adjacent to Philadelphia,
day and Sunday. Grand Prix. formance PA, and Camden, NJ, from shoreline to shoreline, bounded
Assn. (OPA). on the south by the Walt Whitman Bridge and bounded on
11 .. October1st Mon- U.S. holiday City of Phila- The waters of the Delaware River, adjacent to Philadelphia,
day (Columbus celebrations. delphia. PA, and Camden, NJ, from shoreline to shoreline, bounded
Day). on the south by the Walt Whitman Bridge and bounded on
12 .. DecemberOn De- U.S. holiday City of Phila- The waters of the Delaware River, adjacent to Philadelphia,
cember 31st (New celebrations. delphia. PA, and Camden, NJ, from shoreline to shoreline, bounded
Years Eve). on the south by the Walt Whitman Bridge and bounded on
Coast Guard Sector BaltimoreCOTP Zone
13 .. March4th or last Safety at Sea U.S. Naval All waters of the Severn River from shoreline to shoreline,
Saturday. Seminar. Academy. bounded to the northwest by a line drawn from the south
shoreline at latitude 390038.9 N., longitude 763105.2
W. thence to the north shoreline at latitude 390054.7 N.,
longitude 0763044.8 W., this line is approximately 1300
yards northwest of the U.S. 50 fixed highway bridge. The
regulated area is bounded to the southeast by a line drawn
from the Naval Academy Light at latitude 385839.5 N.,
longitude 0762849 W., thence southeast to a point 700
yards east of Chinks Point, MD, at latitude 38581.9 N.,
longitude 076281.7 W., thence northeast to Greenbury
Point at latitude 385829 N., longitude 0762716 W.
14 .. Marchlast Friday, USNA Crew U.S. Naval All waters of the Severn River from shoreline to shoreline,
Saturday, and Sun- Races. Academy. bounded to the northwest by a line drawn from the south
day; April and shoreline at latitude 390038.9 N., longitude 0763105.2
Mayevery Friday, W. thence to the north shoreline at latitude 390054.7 N.,
Saturday, and Sun- longitude 0763044.8 W., this line is approximately 1300
day. yards northwest of the U.S. 50 fixed highway bridge. The
longitude 0762849 W. thence southeast to a point 700
longitude 076281.7 W. thence northeast to Greenbury
15 .. April2nd Saturday St. Marys St. Marys Col- All waters of the St. Marys River, from shoreline to shoreline,
Seahawk lege of Mary- bounded to the south by a line at latitude 381005 N, and
Sprint. land. bounded to the north by a line at latitude 381200 N.
16 .. May1st Sunday ..... Nanticoke Nanticoke All waters of the Nanticoke River, including Bivalve Channel
River Swim River Swim and Bivalve Harbor, bounded by a line drawn from a point
and Triathlon. and on the shoreline at latitude 381800 N, longitude
Triathlon, Inc. 0755400 W, thence westerly to latitude 381800 N, lon-
gitude 0755500 W, thence northerly to latitude 382000
N, longitude 0755348 W, thence easterly to latitude
381942 N, longitude 0755254 W.
17 .. May2nd Saturday Baltimore Baltimore All waters of Martin Lagoon that are north of a line drawn
and Sunday. County Com- County. from latitude 391934 N, longitude 0762541 W, thence
munity Wa- to a position located at 391933 N, longitude 0762533
terfront Fes- W.
tival.
18 .. May3rd Friday, Dragon Boat Dragon Boat The waters of the Upper Potomac River, Washington, DC,
Saturday, and Sun- Races at Festival, Inc. from shoreline to shoreline, bounded upstream by the
day. Thompson Francis Scott Key Bridge and downstream by the Roo-
Boathouse, sevelt Memorial Bridge.
Georgetown,
Washington,
DC.
263
100.501 33 CFR Ch. I (7110 Edition)

NAD 1983Continued
19 .. May3rd Tuesday Blue Angels Air U.S. Naval All waters of the Severn River from shoreline to shoreline,
and Wednesday. Show. Academy. bounded to the northwest by a line drawn from the south
shoreline at latitude 390038.9 N., longitude 0763105.2
W. thence to the north shoreline at latitude 390054.7 N.,
longitude 0763044.8 W., this line is approximately 1300
yards northwest of the U.S. 50 fixed highway bridge. The
longitude 0762849 W. thence southeast to a point 700
longitude 076281.7 W. thence northeast to Greenbury
20 .. June2nd Sunday ... The Great Great Chesa- The waters of the Chesapeake Bay between and adjacent to
Chesapeake peake Bay the spans of the William P. Lane Jr. Memorial Bridge shore
Bay Bridge Swim, Inc. to shore 500 yards north of the north span of the bridge
Swim Races from the western shore at latitude 390036 N, longitude
and Chesa- 0762353 W and the eastern shore at latitude 385914
peake Chal- N, longitude 0762000 W, and 500 yards south of the
lenge One south span of the bridge from the western shore at latitude
Mile Swim. 390016 N, longitude 0762430 W and the eastern
shore at latitude 385839 N, longitude 0762010 W.
21 .. June3rd Saturday Maryland Swim District of Co- The waters of the Chester River from shoreline to shoreline,
or July3rd Satur- for Life. lumbia bounded on the south by a line drawn at latitude 391016
day. Aquatics N, near the Chester River Channel Buoy 35 (LLN26795)
Club. and bounded on the north at latitude 391230 N by the
Maryland S.R. 213 Highway Bridge.
22 .. Junelast Saturday Bo Bowman Virginia/Caro- All waters of the Nanticoke River, near Sharptown, Maryland,
and Sunday. Memorial lina Racing between Maryland S.R. 313 Highway Bridge and Nanticoke
Sharptown Assn. River Light 43 (LLN24175), bounded by a line drawn be-
Regatta. tween the following points: Southeasterly from latitude
383246 N, longitude 0754314 W, to latitude 383242
N, longitude 0754309 W, thence northeasterly to latitude
383304 N, longitude 0754239 W, thence northwesterly
to latitude 383309 N, longitude 0754244 W, thence
southwesterly to latitude 383246 N, longitude 0754314
W.
23 .. August1st Satur- Thunder on the Kent Narrows All waters of Prospect Bay enclosed by the following points:
day and Sunday. Narrows. Racing Assn. Latitude 385752.0 N, longitude 0761448.0 W, to lati-
tude 385802.0 N, longitude 0761505.0 W, to latitude
385738.0 N, longitude 0761529.0 W, to latitude
385728.0 N, longitude 0761523.0 W, to latitude
385752.0 N, longitude 0761448.0 W.
24 .. Labor Day weekend Annual Ragin Port Deposit, The waters of the Susquehanna River, adjacent to Port De-
Saturday and on the River. MD, Cham- posit, Maryland, from shoreline to shoreline, bounded on
Sunday, or Mon- ber of Com- the south by the U.S. I95 fixed highway bridge, and
day. merce. bounded on the north by a line running southwesterly from
a point along the shoreline at latitude 393622 N, lon-
gitude 0760708 W, thence to latitude 393600 N, lon-
gitude 0760746 W.
25 .. September2nd Sat- Dragon Boat Associated The waters of the Patapsco River, Baltimore, MD, Inner Har-
urday. Races in the Catholic bor from shoreline to shoreline, bounded on the east by a
Inner Harbor. Charities, Inc. line drawn along longitude 0763630 W.
26 .. September2nd Annapolis City of Annap- The approaches to Annapolis Harbor, the waters of Spa
Sunday. Triathlon olis and the Creek, and the Severn River, shore to shore, bounded on
Swim. Annapolis the south by a line drawn from Carr Point, at latitude
Triathlon 385858.0 N, longitude 0762740.0 W, thence to Horn
Club. Point Warning Light (LLNR17935), at 385824.0 N, lon-
gitude 0762810.0 W, thence to Horn Point, at
385820.0 N, longitude 0762827.0 W, and bounded on
the north by the State Route 450 Bridge.
27 .. September4th or Cambridge Off- Chesapeake All waters of the Choptank River, from shoreline to shoreline,
last Saturday and shore Chal- Bay Power- bounded to the west by the Route 50 Bridge and bounded
Sunday. lenge. boat Asso- to the east by a line drawn along longitude 076 W, be-
ciation. tween Goose Point, MD, and Oystershell Point, MD.
28 .. Septemberlast Sat- Chesapeakem- Columbia All waters of the Choptank River within 200 yards either side
urday. an Ultra Triathlon of a line drawn northwesterly from a point on the shoreline
Triathlon. Assn. Inc. at latitude 383345 N, longitude 0760238 W, thence to

latitude 383506 N, longitude 0760442 W, a position lo-
cated at Great Marsh Park, Cambridge, MD.
264

NAD 1983Continued
29 .. Octoberlast Satur- Tug of War ..... City of Annap- The waters of Spa Creek from shoreline to shoreline, extend-
day or Novem- olis. ing 400 feet from either side of a rope spanning Spa Creek
ber1st Saturday. from a position at latitude 385836.9 N, longitude
0762903.8 W on the Annapolis shoreline to a position at
latitude 385826.4 N, longitude 0762853.7 W on the
Eastport shoreline.
30 .. December2nd Sat- Eastport Yacht Eastport Yacht The approaches to Annapolis Harbor, the waters of Spa
urday. Club Boat Club. Creek, and the Severn River, shore to shore, bounded on
Parade. the south by a line drawn from Carr Point, at latitude
385858.0 N, longitude 0762740.0 W, thence to Horn
Point Warning Light (LLNR17935), at 385824.0 N, lon-
gitude 0762810.0 W, thence to Horn Point, at
385820.0 N, longitude 0762827.0 W, and bounded on
the north by the State Route 450 Bridge.
Coast Guard Sector Hampton RoadsCOTP Zone
31 .. March4th or last Virginia state Virginia Boat The waters of the Western Branch, Elizabeth River bounded
Friday and Satur- hydroplane Racing Assn. by a line connecting the following points: latitude 365006
day. champion- N, longitude 0762227 W, thence to latitude 365006 N,
ships. longitude 0762157 W, thence to latitude 365015 N,
longitude 0762155.8 W, thence to latitude 365015 N,
longitude 0762227 W, thence to point of origin.
32 .. April3rd Friday and Hydroplane Virginia Boat The waters of the Western Branch, Elizabeth River bounded
Saturday. races. Racing Assn. by a line connecting the following points: latitude 365006
N, longitude 0762227 W, thence to latitude 365006 N,
longitude 0762157 W, thence to latitude 365015 N,
33 .. April4th Friday and Crawford Bay Port Events, The waters of the Southern Branch, Elizabeth River from
Saturday. Crew Classic. Inc. shoreline to shoreline bounded to the south by a line drawn
from latitude 364911.0 N, longitude 0761733.0 W to
latitude 364911.0 N, longitude 0761722.0 W and
bounded to the north by a line drawn from latitude
365017.5 N, longitude 0761745.0 W to latitude
365017.5 N, longitude 0761730.0 W.
34 .. April4th Saturday Wet Spring Re- Windsurfing The waters of Willoughby Bay contained within the following
and Sunday. gatta. Enthusiasts coordinates: Latitude 365836 N, longitude 0761842 W,
of Tidewater. to latitude 365800 N, longitude 0761800 W, to latitude
365749 N, longitude 0761814 W, to latitude 365736
N, longitude 0761755 W, to latitude 365726 N, lon-
gitude 0761806 W, to latitude 365815 N, longitude
0761908 W, to latitude 365836 N, longitude
0761842 W.
35 .. May2nd Friday and Hydroplane Virginia Boat The waters of the Western Branch, Elizabeth River bounded
Saturday. races. Racing Assn. by a line connecting the following points: Latitude
365006 N, longitude 0762227 W, thence to latitude
365006 N, longitude 0762157 W, thence to latitude
365015 N, longitude 0762155.8 W, thence to latitude
365015 N, longitude 0762227 W, thence to point of or-
igin.
36 .. Maylast Friday, Blackbeard Hampton Event The waters of Sunset Creek and Hampton River shore to
Saturday and Sun- Festival. Makers. shore bounded to the north by the C & O Railroad Bridge
day or June1st and to the south by a line drawn from Hampton River
Friday, Saturday Channel Light 16 (LL 5715), located at latitude 370103.0
and Sunday. N, longitude 762026.0 W, to the finger pier across the
river at Fishermans Wharf, located at latitude 370101.5
N, longitude 762032.0 W.
Spectator Vessel Anchorage AreasArea A: Located in the
upper reaches of the Hampton River, bounded to the south
by a line drawn from the western shore at latitude
370148.0 N, longitude 762022.0 W, across the river to
the eastern shore at latitude 370144.0 N, longitude
762013.0 W, and to the north by the C & O Railroad
Bridge. The anchorage area will be marked by orange
buoys.
265
100.501 33 CFR Ch. I (7110 Edition)

NAD 1983Continued
Area B: Located on the eastern side of the channel, in the

Hampton River, south of the Queen Street Bridge, near the
Riverside Health Center. Bounded by the shoreline and a
line drawn between the following points: Latitude
370126.0 N, longitude 762024.0 W, latitude
370122.0 N, longitude 762026.0 W, and latitude
370122.0 N, longitude 762023.0 W. The anchorage
area will be marked by orange buoys.
37 .. June1st Friday, Norfolk Norfolk The waters of the Elizabeth River and its branches from
Saturday and Sun- Harborfest. Festevents, shore to shore, bounded to the northwest by a line drawn
day. Ltd. across the Port Norfolk Reach section of the Elizabeth
River between the northern corner of the landing at Hos-
pital Point, Portsmouth, Virginia, latitude 365051.0 N,
longitude 0761809.0 W and the north corner of the City
of Norfolk Mooring Pier at the foot of Brooks Avenue lo-
cated at latitude 365100.0 N, longitude 0761752.0 W;
bounded on the southwest by a line drawn from the south-
ern corner of the landing at Hospital Point, Portsmouth, Vir-
ginia, at latitude 365050.0 N, longitude 0761810.0 W,
to the northern end of the eastern most pier at the Tide-
water Yacht Agency Marina, located at latitude 365029.0
N, longitude 0761752.0 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 Ports-
mouth, Virginia, at latitude 365010.0 N, longitude
0761747.0 W, and the northwest corner of the Norfolk
Shipbuilding & Drydock, Berkley Plant, Pier No. 1, located
at latitude 365008.0 N, longitude 0761739.0 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 Nor-
folk at latitude 365035.0 N, longitude 0761710.0 W.
38 .. June1st Friday and Ocean City Offshore Per- The waters of the Atlantic Ocean commencing at a point on
Saturday. Maryland formance the shoreline at latitude 382542 N, longitude 0750306
Offshore Assn. Rac- W; thence east southeast to latitude 382530 N, longitude
Challenge. ing, LLC. 0750212 W, thence south southwest parallel to the
Ocean City shoreline to latitude 381912 N, longitude
0750348 W; thence west northwest to the shoreline at
latitude 381930 N, longitude 0750500 W. The waters
of the Atlantic Ocean bounded by a line drawn from a posi-
tion along the shoreline near Ocean City, MD, at latitude
382225.2 N, longitude 0750349.4 W, thence easterly
to latitude 382200.4 N, longitude 0750234.8 W, thence
southwesterly to latitude 381935.9 N, longitude
0750335.4 W, thence westerly to a position near the
shoreline at latitude 382005 N, longitude 0750448.4
W, thence northerly along the shoreline to the point of ori-
gin.
266

NAD 1983Continued
39 .. June3rd Saturday Cock Island Ports Events, The waters of the Elizabeth River and its branches from
Race. Inc. shore to shore, bounded to the northwest by a line drawn
across the Port Norfolk Reach section of the Elizabeth
40 .. Junelast Saturday RRBA Spring Rappahannock The waters of the Rappahannock River, adjacent to Layton,
Radar Shoot- River Boat- VA, from shoreline to shoreline, bounded on the west by a
out. ers Associa- line running along longitude 0765830 W, and bounded
tion (RRBA). on the east by a line running along longitude 0765600
W.
41 .. July3rd Sunday ..... Watermens Watermens The waters of the York River, Yorktown, Virginia, bounded on
Heritage Museum of the west by a line drawn along longitude 0763125 W,
Festival Yorktown, bounded on the east by a line drawn along longitude
Workboat VA. 0763055 W, bounded on the south by the shoreline and
Races. bounded on the north by a line drawn parallel and 400
yards north of the southern shoreline.
42 .. Julylast Wednes- Pony Penning Chincoteague The waters of Assateague Channel from shoreline to shore-
day and following Swim. Volunteer line, bounded to the east by a line drawn from latitude
Friday. Fire Depart- 375500 N, longitude 0752245 W, to latitude 375447
ment. N, longitude 0752245 W, and to the south by a line
drawn from latitude 375447 N, longitude 0752245 W,
to latitude 375447 N, longitude 0752304 W.
43 .. August1st Friday, Power boat East Coast The waters of the Chesapeake Bay, along the shoreline adja-
Saturday and Sun- race. Boat Racing cent to Cape Charles, Virginia, to and including waters up
day. Club of New to 300 yards offshore, parallel with the Cape Charles
Jersey. Beach shoreline in this area. The area is bounded on the
south by a line running northwesterly from the Cape
Charles shoreline at latitude 3716.2 N, longitude
0760128.5 W, to a point offshore approximately 300
yards at latitude 37163.4 N, longitude 0760136.6 W,
and bounded on the north by a line running northwesterly
from the Cape Charles shoreline at latitude 371626.2 N,
longitude 0760114 W, to a point offshore approximately
300 yards at latitude 371628.9 N, longitude 0760124.1
W.
44 .. August2nd Friday, Hampton Cup Virginia Boat The waters of Mill Creek, adjacent to Fort Monroe, Hampton,
Saturday and Sun- Regatta. Racing Asso- Virginia, enclosed by the following boundaries: to the north,
day. ciation. a line drawn along latitude 370100 N, to the east a line
drawn along longitude 0761830 W, to the south a line
parallel with the shoreline adjacent to Fort Monroe, and the
west boundary is parallel with the Route 258Mercury
Boulevard Bridge.
267
100.501 33 CFR Ch. I (7110 Edition)

NAD 1983Continued
45 .. September2nd Fri- Ocean City Offshore Per- The waters of the Atlantic Ocean commencing at a point on
day and Saturday. power boat formance the shoreline at latitude 382542 N, longitude 0750306
race. Assn. Rac- W; thence east southeast to latitude 382530 N, longitude
ing, LLC. 0750212 W, thence south southwest parallel to the
Ocean City shoreline to latitude 381912 N, longitude
0750348 W; thence west northwest to the shoreline at
latitude 381930 N, longitude 0750500 W. The waters
of the Atlantic Ocean bounded by a line drawn from a posi-
tion along the shoreline near Ocean City, MD, at latitude
382225.2 N, longitude 0750349.4 W, thence easterly
to latitude 382200.4 N, longitude 0750234.8 W, thence
southwesterly to latitude 381935.9 N, longitude
0750335.4 W, thence westerly to a position near the
shoreline at latitude 382005 N, longitude 0750448.4
W, thence northerly along the shoreline to the point of ori-
gin.
46 .. September2nd Fri- Hampton Bay Hampton Bay The waters of Sunset Creek and Hampton River shore to
day, Saturday and Days Fes- Days, Inc. shore bounded to the north by the C & O Railroad Bridge
Sunday. tival. and to the south by a line drawn from Hampton River
Channel Light 16 (LL 5715), located at latitude 370103.0
N, longitude 0762026.0 W, to the finger pier across the
river at Fishermans Wharf, located at latitude 370101.5
N, longitude 0762032.0 W.
47 .. October1st Satur- Virginia Boat Clarksville Hy- The waters of the John H. Kerr Reservoir, adjacent to the
day and Sunday. Racing Asso- droplane State Route 15 Highway Bridge and Occoneechee State
ciation. Challenge. Park, Clarksville, Virginia, from shoreline to shoreline,
bounded on the south by a line running northeasterly from
a point along the shoreline at latitude 363714 N, lon-
gitude 0783246.5 W, thence to latitude 363739.2 N,
longitude 0783208.8 W, and bounded on the north by
the State Route 15 Highway Bridge.
48 .. October2nd Friday U.S. Navy U.S. Navy ....... The waters of the Elizabeth River and its branches from
Fleet Week shore to shore, bounded to the northwest by a line drawn
Celebration. across the Port Norfolk Reach section of the Elizabeth
the southeast by the Berkley Bridge, which crosses the
49 .. October2nd Satur- Hydroplane Virginia Boat The waters of the Western Branch, Elizabeth River bounded
day and Sunday. races. Racing Assn. by a line connecting the following points: latitude 365006
N, longitude 0762227 W, thence to latitude 365006 N,
longitude 0762157 W, thence to latitude 365015 N,
50 .. October2nd Sun- Poquoson Sea- City of The waters of the Back River, Poquoson, Virginia, bounded
day. food Festival Poquoson. on the north by a line drawn along latitude 370630 N,
Workboat bounded on the south by a line drawn along latitude
Races. 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.
268

NAD 1983Continued
51 .. Octoberlast Satur- Hampton Windsurfing The waters of Willoughby Bay contained within the following
day and Sunday. Roads Enthusiasts coordinates: latitude 365836 N, longitude 0761842 W,
Sailboard of Tidewater. to latitude 365800 N, longitude 0761800 W, to latitude
Classic. 365749 N, longitude 0761814 W, to latitude 365736
N, longitude 0761755 W, to latitude 365726 N, lon-
gitude 0761806 W, to latitude 365815 N, longitude
0761908 W, to latitude 365836 N, longitude
0761842 W.
52 .. November1st Fri- International U.S. Coast The waters of the Southern Branch of the Elizabeth River in-
day and Saturday. Search and Guard and cluding the North Ferry Landing, from shoreline to shore-
Rescue Canadian line, bounded to the north by a line drawn along latitude
Competition. Auxiliaries. 365023 N and bounded to the south by a line drawn
along latitude 365012 N.
53 .. November4th or Holidays in the Norfolk The waters of the Elizabeth River and its branches from
last Saturday. City. Festevents, shore to shore, bounded to the northwest by a line drawn
Ltd. across the Port Norfolk Reach section of the Elizabeth
to the northern end of the easternmost pier at the Tide-
mouth, Virginia at latitude 365010.0 N, longitude
Coast Guard Sector North CarolinaCOTP Zone
54 .. June2nd Saturday Carolina Cup Virginia Boat The waters of the Pasquotank River, adjacent to Elizabeth
and Sunday. Regatta. Racing Assn. City, NC, from shoreline to shoreline, bounded on the west
by the Elizabeth City Draw Bridge and bounded on the
east by a line originating at a point along the shoreline at
latitude 361754 N, longitude 0761200 W, thence
southwesterly to latitude 361735 N, longitude 0761218
W at Cottage Point.
55 .. August1st Friday, SBIPFoun- Super Boat The waters of the Pamlico River including Chocowinity Bay,
Saturday and Sun- tain International from shoreline to shoreline, bounded on the south by a line
day. Powerboats Productions running northeasterly from Camp Hardee at latitude
Kilo Run and (SBIP), Inc. 352823 N, longitude 0765923 W, to Broad Creek Point
Super Boat at latitude 352904 N, longitude 0765844 W, and
Grand Prix. bounded on the north by the Norfolk Southern Railroad
Bridge.
269
100.701 33 CFR Ch. I (7110 Edition)

NAD 1983Continued
56 .. September4th or Crystal Coast Super Boat The waters of Bogue Sound, adjacent to Morehead City, NC,
last Sunday. Super Boat International from the southern tip of Sugar Loaf Island approximate po-
Grand Prix. Productions, sition latitude 344255 N, longitude 0764248 W, thence
Inc. westerly to Morehead City Channel Day beacon 7 (LLNR
38620), thence southwest along the channel line to Bogue
Sound Light 4 (LLRN 38770), thence southerly to Cause-
way Channel Day beacon 2 (LLNR 38720), thence south-
easterly to Money Island Day beacon 1 (LLNR 38645),
thence easterly to Eight and One Half Marina Day beacon
2 (LLNR 38685), thence easterly to the westernmost shore-
line of Brant Island approximate position latitude 344236
N, longitude 0764211 W, thence northeasterly along the
shoreline to Tombstone Point approximate position latitude
344214 N, longitude 0764120 W, thence southeasterly
to the east end of the pier at Coast Guard Sector North
Carolina approximate position latitude 344200 N, lon-
gitude 0764052 W, thence easterly to Morehead City
Channel Buoy 20 (LLNR 29427), thence northerly to Beau-
fort Harbor Channel LT 1BH (LLNR 34810), thence north-
westerly to the southern tip of Radio Island approximate
position latitude 344222 N, longitude 0764052 W,
thence northerly along the shoreline to approximate posi-
tion latitude 344300 N, longitude 0764125 W, thence
westerly to the North Carolina State Port Facility, thence
westerly along the State Port to the southwest corner ap-
proximate position latitude 344255 N, longitude
0764212 W, thence westerly to the southern tip of Sugar
Loaf Island the point of origin.
57 .. Septemberlast Sat- Wilmington Wilmington, The waters of, and adjacent to, Wrightsville Channel, from
urday. YMCA NC, YMCA. Wrightsville Channel Day beacon 14 (LLNR 28040), lo-
Triathlon. cated at 341218 N, longitude 0774810 W, to
Wrightsville Channel Day beacon 25 (LLNR 28080), lo-
cated at 341251 N, longitude 774853 W.
[USCG20070147, 73 FR 26009, May 8, 2008, as Coast Guard Sector Commander to en-

amended by USCG20090430, 74 FR 30223, force these regulations.
June 25, 2009; 75 FR 750, Jan. 6, 2010]
Spectators. All persons and vessels not
100.701 Special Local Regulations; registered with the event sponsor as
Marine Events in the Seventh Coast participants or official patrol vessels.
Guard District (b) Event Patrol. The Coast Guard
The following regulations apply to may assign an event patrol, as de-
the marine events listed in Table 1 of scribed in 100.40 of this part, to each
this section. These regulations will be regulated event listed in the table. Ad-
effective annually, for the duration of ditionally, a Patrol Commander may
each event listed in Table 1. Annual no- be assigned to oversee the patrol. The
tice of the exact dates and times of the event patrol and Patrol Commander
effective period of the regulation with may be contacted on VHF Channel 16.
respect to each event, the geographical (c) Special Local Regulations. (1) The
area, and details concerning the nature Coast Guard Patrol Commander may
of the event and the number of partici- forbid and control the movement of all
pants and type(s) of vessels involved vessels in the regulated area(s). When
will also be published in the local no- hailed or signaled by an official patrol
tice to mariners and broadcast over vessel, a vessel in these areas shall im-
VHF. mediately comply with the directions
(a) Definitions. The following defini- given. Failure to do so may result in
tions apply to this section:
expulsion from the area, citation for
Patrol Commander. A Patrol Com-
failure to comply, or both.
mander is a commissioned, warrant, or

petty officer of the Coast Guard who (2) The Coast Guard Patrol Com-
has been designated by the respective mander may terminate the event, or
270
the operation of any vessel partici- Captain of the Port zone, please see
pating in the event, at any time it is subpart 3.35 of this chapter.
deemed necessary for the protection of (1) Captain of the Port Charleston,
life or property. South Carolina: (843) 7247616.
(3) Only event sponsor designated (2) Captain of the Port Savannah,
participants and official patrol vessels Georgia: (912) 6524353.
are allowed to enter the regulated area. (3) Captain of the Port Jacksonville,
(4) Spectators are only allowed inside Florida: (904) 2477318.
the regulated area if they remain with- (4) Captain of the Port Miami, Flor-
in a designated spectator area. Spec- ida: (305) 5358701.
tators may contact the Coast Guard (5) Captain of the Port Key West,
Patrol Commander to request permis- Florida: (305) 2928779.
sion to pass through the regulated (6) Captain of the Port Sector St. Pe-
area. If permission is granted, spec- tersburg, Florida: (727) 8247506.
tators must pass directly through the (7) Captain of the Port San Juan,
regulated area at safe speed and with- Puerto Rico: (787) 2892041.
out loitering. (e) Application for Marine Events. The
(d) Contact Information. Questions application requirements of 100.15 of
about marine events should be ad- this part apply to all events listed in
dressed to the local Coast Guard Cap- Table 1. For information on applying
tain of the Port for the area in which for a marine event, contact the Captain
the event is occurring. Contact infor- of the Port for the area in which the
mation is listed below. For a descrip- event will occur, at the phone numbers
tion of the geographical area of each listed above.
TABLE 1 TO SEC. 100.701
Date Event Sponsor Location
COTP Zone Miami
January1st week- Levin Memorial Re- Biscayne Bay Star Biscayne Bay, 2.3 nautical miles offshore from the Coral
end. gatta. Fleet. Bay, Florida; All waters from the surface to the bottom for
a radius of 1.7NM centered around position 25396 N,
0801330 W no closer than 500 feet from each vessel.
Fort Lauderdale Lauderdale Yacht Atlantic Ocean .5 nautical mile offshore from .5 nautical mile
Boomerang Re- Club. south of the Port Everglades Channel to 4 nautical miles
gatta. south of the Port Everglades offshore of West Lake, Port
Everglades, Florida no closer than 500 feet from each
vessel.
January3rd week- Rolex Miami Olym- U.S. Sailing & U.S. Southern Biscayne Bay inside of an area from the Ricken-
end. pic Sailing Race. Olympic Sailing backer Causeway southwest to Snapper Creek Canal
Center. south to Latitude 253200 N east to Soldier Key and
northeast to a position approximately 1 nautical mile east
of Cape Florida, northwest to Rickenbacker Causeway,
Miami, Florida no closer than 500 feet from each vessel.
February1st week- Commodore Rasco Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
end. Snipe Class Re- Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
gatta. face to the bottom for a radius of 1NM centered around
position 254142 N, 0801300 W no closer than 500
feet from each vessel.
March1st week, Bacardi Cup ........... Biscayne Bay Star All waters within 1.5 nautical miles of the following center
MondayFriday. Fleet. point: 253816 N Latitude; 0801314 W Longitude, in
southern Biscayne Bay, Miami, Florida.
March2nd week- Lightenings Coral Reef Yacht Biscayne Bay, 2.3 nautical miles offshore from the Coral
end, Saturday and Midwinters. Club. Bay, Florida; All waters from the surface to the bottom for
Sunday. a radius of 1.7NM centered around position 25396 N,
March2nd week- Don Q Rum Snipe Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
end. Class Regatta. Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
face to the bottom for a radius of 1NM centered around
March2nd week- Coral Cup ............... Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
end, Saturday and Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
Sunday. face to the bottom for a radius of 1NM centered around

position 254142 N, 0801300 W.
271
100.701 33 CFR Ch. I (7110 Edition)
TABLE 1 TO SEC. 100.701Continued

Marchlast week- Shake-A-Leg Mid Shake-A-Leg Foun- All waters of Biscayne Bay, from the Rickenbacker Cause-
end. Winter Regatta. dation. way south to Latitude 253200 N, Miami, Florida no
closer than 500 ft from each vessel.
April2nd or 3rd Miami to Key Largo Miami Yacht Club Biscayne Bay and Intracoastal Waterway from the Ricken-
weekend. Race. Youth Sailing backer Causeway in Miami, Florida to Key Biscayne to
Foundation. 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.
April2nd weekend Florida State Opti- Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
mists Champion- Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
ship Regatta. face to the bottom for a radius of 1NM centered around
position 254142 N, 0801300 W.
April2nd weekend, Fort Lauderdale Air/ Super Boat Inter- Atlantic Ocean offshore Fort Lauderdale, Florida within an
Saturday and Sun- Sea Show Super national Produc- area 500 yards wide 300 yards offshore from 1,500 yards
day. Boat Grand Prix. tions, Inc. north of the Port Everglades Channel north for 4 nautical
miles (600 yards north of the Oakland Park Beach Blvd).
April3rd weekend Miami Super Boat Super Boat Inter- Offshore Miami Beach, Florida, including the area within a
Grand Prix. national Produc- line joining the following points: 254618 N, 0800751
tions, Inc. W; thence to, 254618 N, 0800649 W; thence to,
255118 N, 0800612 W; thence to, 255118 N,
0800711 W; thence along the shoreline to the starting
point.
Aprillast Saturday Sunfest Fireworks .. Pyro Shows, Inc ..... Intracoastal Waterway in West Palm Beach between
Banyon St and Lakeview; All waters from the surface to
the bottom for a radius of 1000ft centered around position
Ave in position 264234 N, 0800247 W.
Vero Beach Yacht Blessing of the North Fork and St Lucie River, Florida no closer than 500
Club Blessing of Fleet. feet from each vessel.
the Fleet.
April, May, and Hollywood Super Super Boat Inter- Atlantic Ocean offshore Hallandale Beach, Florida in an
June1st week- Boat Grand Prix. national Produc- area 400 yards wide approximately 200 yards offshore
end. tions, Inc. from the Hallandale Beach tank to approximately 1 nau-
tical mile south of the Dania Town Canal.
May1st weekend .. C-Gull Cup ............. Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
position 254142 N, 0801300 W.
Fort Lauderdale Air Fort Lauderdale Atlantic Ocean offshore Fort Lauderdale, Florida within an
& Sea Show. Parks and Recre- area 500 yards wide 300 yards offshore from 1,500 yards
ation. north of the Port Everglades Channel north for 4 nautical
miles (600 yards north of the Oakland Park Beach Blvd).
May3rd weekend Pompano Beach Pompano Beach 14th St Bridge to Sunrise Bay, Florida.
Power Squadron Power Squadron.
Safe Boat Parade.
Maylast weekend Goombay Regatta .. Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
July 4th .................... American Legion Add-Fire Fireworks, Biscayne Bay, approx 400 ft offshore of Legion Picnic Is-
Fourth of July. Inc.. land, Miami, Florida in approx position 255002 N,
0801024 W.
Fort Lauderdale Colonial Fireworks 12 NM offshore at Las Olas Blvd., Fort Lauderdale, Florida.
Fourth of July.
Fort Lauderdale Colonial Fireworks Intracoastal Waterway in front of the Fort Lauderdale Yacht
Yacht Club Club, Fort Lauderdale, Florida.
Fourth of July.
City of Stuart Creative Fireworks Intracoastal Waterway in front of Stuart City Hall, Stuart,
Fourth of July. Co.. Florida.
Bayfront Park Firepower Displays All waters within a 1680 foot radius around approximate po-
Fourth of July. sition 254630 N, 0801054 W, in Biscayne Bay, FL.
Coral Reef Yacht Firepower Displays 700 ft offshore from Vizcaya in Biscayne Bay, Miami, Flor-
Club Fourth of ida.
July.
Fishers Island Firepower Displays Offshore 840 ft from Fisher Island, Florida.
Fourth of July.
Miami Beach Fourth Firepower Displays 840 ft offshore from Atlantic Heights, Miami Beach, Florida.
of July.
Village of Key Bis- Firepower Displays 1500 ft offshore from Key Biscayne in Biscayne Bay, Miami,
cayne Fourth of Florida.
July.
272

Viscayans Fourth of Firepower Displays 700 ft offshore from Viscaya in Biscayne Bay, Miami, Flor-
July. ida.
Delray Beach Fireworks by Atlantic Ocean, 1,000 ft offshore from Delray Beach, Flor-
Fourth of July. Grucci, Inc. ida; All waters from the surface to the bottom for a radius
of 840 feet centered around position 262741 N,
0800311 W.
Boynton Beach Melrose South Py- All waters from the surface to the bottom, for 840 ft out in
Fourth of July. rotechnics. all directions from approximate position 263252 N,
0800254 W.
City of Hollywood Melrose South Py- Atlantic Ocean, 1,000 ft offshore from Hollywood, Florida;
Fourth of July. rotechnics. All waters from the surface to the bottom for a radius of
840 feet centered around position 260119 N,
0800639 W
Riviera Beach Sparktacular Fire- All waters within a 1400 foot diameter around approximate
Fourth of July. works. position 264226 N, 0800228 W.
Town of Lantana Zambelli Fireworks All waters within an 840 foot diameter in approximate posi-
Fourth of July. tion 263513 N, 0800250 W.
West Palm Beach Zambelli Fireworks All waters within a 1400 foot diameter of approximate posi-
Fourth of July. tion 264226 N, 0800228 W.
July1st weekend .. Commodores Cup Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
Regatta. Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
July2nd weekend Dania Beach / Hol- Super Boat Inter- Waters offshore of Hollywood Beach within an area located
lywood Super national Produc- 300 yards offshore from North Lake north to Dania Cutoff
Boat Race. tions, Inc. Canal going offshore aproximately 650 yards.
August3rd week- Conch Cup Regatta Miami Yacht Club .. Biscayne Bay from the Rickenbacker Causeway south in
end. the Intracoastal Waterway to the Cape Florida Channel,
east around Key Biscayne and north to the Miami Chan-
nel entrance, Miami, Florida no closer than 500 feet from
each vessel.
October1st week- Columbus Day Re- Columbus Day Re- Southern Biscayne Bay inside of an area from 1 nautical
end. gatta. gatta, Inc. mile south of the Rickenbacker Causeway and 1 nautical
mile east of Deering Channel southwest to Snapper
Creek Canal south to a point half between Soldier Key
and Lewis Cut west to the chain of islands south of Sol-
dier Key and north to 1 nautical mile south of Ricken-
backer Causeway, Miami, Florida.
Deerfield Beach Super Boat Inter- Atlantic Ocean within an area 500 yards wide approximately
Super Boat Na- national Produc- 500 yards offshore Deerfield Beach, FL from 2 miles
tional Champion- tions, Inc. north of Hillsboro Inlet to .5 mile south of Boca Raton
ship. Inlet.
October2nd week- Miami Kayak Chal- Cystic Fibrosis All waters of Biscayne Bay from Lummus Island Cut to the
end. lenge. Foundation. Rickenbacker Causeway, Miami, Florida.
November2nd Keely Perpetual Biscayne Bay Yacht Biscayne Bay within an area from the Dinner Key Channel
weekend, Satur- Trophy Regatta. Club. to Biscayne National Park Marker B to Cutter Channel
day and Sunday. Mark 2 to Biscayne National Park Marker C to West
Featherbead Bank Channel Marker 3 to West Feath-
erbed Bank Channel Marker 5 to Elliot Key Biscayne
National Park Anchorage, Miami, Florida no closer than
November2nd or Matheson Perpetual Biscayne Bay Yacht Biscayne Bay within an area from the Dinner Key Channel
3rd weekend. Trophy Regatta. Club. to Biscayne National Park Marker B to Cutter Channel
Mark 2 to Biscayne National Park Marker C to West
Featherbead Bank Channel Marker 3 to West Feath-
erbed Bank Channel Marker 5 to Elliot Key Biscayne
National Park Anchorage, Miami, Florida no closer than
November2nd PHRF SE Florida Coconut Grove Biscayne Bay, 2.3 nautical miles offshore from the Coral
weekend. Championship. Sailing Club. Bay, Florida; All waters from the surface to the bottom for
Viscayans Ball ....... Firepower Displays 1200 ft offshore from Virginia Key, South of Seaquarium,
Miami, Florida.
December 31st ........ Bayside New Years Add-Fire Fireworks, All waters within a 1680 foot radius around a barge in posi-
Inc. tion 254630 N, 0801054 W.
Fisher Island New Add-Fire Fireworks, 1000 ft offshore east of Fisher Island, Florida.
Years. Inc.
Hillsboro New Add-Fire Fireworks, 100 yds North of Hillsboro Inlet, Florida.
Years Fireworks. Inc.
273
100.701 33 CFR Ch. I (7110 Edition)

Indian Riverside Add-Fire Fireworks, 1200 ft east of Indian Riverside Park, Jensen Beach, Flor-
Park New Years. Inc. ida.
Greater Miami New Firepower Displays 1200 ft offshore from Bayfront Park, Miami Harbor, Miami,
Years. Florida.
Viscayans New Firepower Displays 840 ft offshore from Viscaya, Miami, Florida.
Years.
December3rd Pompano Beach Pompano Beach Intracoastal Waterway in Pompano Beach, Florida, from
weekend. Boat Parade. Boat Parade Lake Santa Barbara to Hillsboro Blvd Bridge.
Committee.
December1st Commodores Cup Biscayne Bay Star Biscayne Bay, 2.3 nautical miles offshore from the Coral
weekend. Fleet. Bay, Florida; All waters from the surface to the bottom for
Kiwanis of Little Ha- Firepower Displays 1200 ft offshore from Virginia Key, South of Seaquarium,
vana Christmas. Miami, Florida.
Holiday Boat Pa- Marine Industrial Port of Palm Beach Turning Basin and the Intracoastal Wa-
rade of the Palm Association of terway extending south from Lake Worth South LT 1
Beaches. Palm Beach (LLNR 42170) to Lake Worth South Daybeacon 23 (LLNR
County. 42300).
Martin County Marine Industries All waters of the North and South Forks of the St Lucie
Christmas Boat Association. River in Stuart, Florida, starting on the north side of the
Parade. State Road 60 Bridge going south to Hutchinson Island
and circling back north to the State Road 60 Bridge and
ending past the City of Stuart Municipal Marina.
December2nd or Seminole Hard Winterfest, Inc ........ All waters of the Intracoastal Waterway from the Port Ever-
3rd weekend. Rock Winterfest glades turning basin to the Pompano Beach Daybeacon
Boat Parade. 74 (LLNR 47230).
December2nd Piana Cup Regatta Biscayne Bay Yacht Biscayne Bay, 2.3 nautical miles offshore from the Mathe-
weekend. Club. son Hammock County Park, Florida; All waters from the
surface to the bottom for a radius of 1.5NM centered
around position 253954 N, 0801312 W no closer
than 500 feet from each vessel.
Boynton / Delray Kiwanis Club Delray Intracoastal Waterway from marker #46 in Boynton Beach,
Beach Christmas Beach. Florida to C15 Canal in Delray Beach, Florida
Boat Parade.
St Lucie Christmas Marine Industrial All waters of the Intracoastal Waterway and Taylor Creek in
Boat Parade. Association. Fort Pierce, Florida, starting in the Fort Pierce turning
basin and inlet area going to Taylor Creek and the Intra-
coastal Waterway between the North Causeway Bridge
and the South Causeway Bridge.
Miami Outboard Miami Outboard Biscayne Bay from the Miami Outboard Club on Watson Is-
Club Christmas Club. land starting from in between the MacArthur Causeway
Boat Parade. and Palm Island heading west around Palm Island and
Hibiscus Island, heading east between Di Lido Island,
heading east around the monument, south through Meloy
Channel, west in Government Cut to Bicentennial Park,
south to the Dodge Island Bridge, south in the Intra-
coastal Waterway to Claughton Island, circling back to the
north in the Intracoastal Waterway to Watson Island,
around the Island on the north side to Miami Outboard
Club no closer than 500 feet from each vessel.
Boca Raton Holiday City of Boca Raton Moving zone in New River and Intracoastal Waterway, Fort
Boat Parade. Lauderdale, Florida; from the C15 Canal in Fort Lauder-
dale to Hillsboro Inlet with 500 feet ahead of the lead pa-
rade vessel and 500 feet astern of the last participating
parade vessel or within 50 feet on either side of the pa-
rade.
December4th Orange Bowl Youth Coral Reef Yacht Southern Biscayne Bay inside of an area from the Ricken-
weekend. Sailing Regatta. Club. backer Causeway southwest to Snapper Creek Canal
south to Latitude 2532 N east to Soldier Key and north-
west to Rickenbacker Causeway, Miami, Florida no closer
than 500 ft from each vessel.
Decemberlast Coconut Grove Coconut Grove Southern Biscayne Bay inside of an area from the Ricken-
weekend. Sailing Club Or- Sailing Club. backer Causeway southwest to Snapper Creek Canal
ange Bowl Re- south to Latitude 2532 N east to Soldier Key and north-
gatta. west to Rickenbacker Causeway, Miami, Florida no closer
than 500 ft from each vessel.
274

Monthlylast week- Biscayne Bay Rac- Biscayne Bay Yacht Southern Biscayne Bay inside of an area from the Ricken-
end, Saturday and ing Association Racing Associa- backer Causeway southwest to Snapper Creek Canal
Sunday. Full Moon Re- tion. south to Latitude 253200 N east to Soldier Key and
gatta. northwest to Rickenbacker Causeway, Miami, Florida no
closer than 500 ft from each vessel.
COTP Zone Key West
January 1st .............. Blessing of the Islamorada Charter From Whale Harbor Channel to Whale Harbor Bridge,
Fleet. Boat Assn. Islamorada, Florida.
January through Wreckers Cup Schooner Wharf Key West Harbor to Sand Key, Florida (Gulf of Mexico side)
Aprillast Monday Races. Bar.
or Tuesday.
January3rd week, Yachting Key West Premiere Racing, Inside the reef on either side of main ship channel, Key
MondayFriday. Race Week. Inc. West Harbor Entrance, Key West, Florida.
February1st Satur- The Bogey ............. Florida Bay Outfit- Blackwater Sound (entire sound), Key Largo, Florida.
day. ters.
Februarary1st The Bacall .............. Florida Bay Outfit- Blackwater Sound (entire sound), Key Largo, Florida.
Sunday. ters.
April3rd weekend, Miami to Key Largo MYC Youth Sailing Biscayne Bay and Intracoastal Waterway from the Ricken-
SaturdaySunday. Sailboat Race. Foundation, Inc. backer 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
Aprillast Friday ..... Conch Republic Sponsor: Conch All waters approximately 150 yards offshore from Ocean
Navy Parade and Republic. Key Sunset Pier, Mallory Square and the Hilton Pier with-
Battle. in the Key West Harbor.
May3rd weekend Marathon Super Super Boat Inter- All waters of Knight Key Channel, encompassing both the
Boat Grand Prix. national Produc- Gulf of Mexico side and the Atlantic Ocean side of the
tions, Inc. Seven Mile Bridge.
June2nd weekend FKCC Swim around Florida Keys Com- Begin at Smathers Beach and swim the loop around the is-
Key West. munity College. land back to the start approximately 50 yards offshore,
Key West, Florida.
July3rd Weekend, The Easom Cup ..... South Eastern Caesars Creek, Everglades City, Florida.
Saturday and Sun- Ocean Racing
day. Series (SEORS).
November2nd Key West World Super Boat Inter- In the Atlantic Ocean, off the tip of Key West, on the waters
week, Wednes- Championship. national Produc- of the Key West Main Ship Channel, Key West Turning
daySunday. tions, Inc. Basin, and Key West Harbor Entrance.
Novemberfirst U.S. Wake Board Middle Keys Events Sombrero Beach, Marathon, Florida; between Sister Creek
weekend, Friday Championships. Council. and Sister Rock to approximately 500 yards offshore from
Sunday. Sombrero Beach.
December1st Boot Key Harbor Dockside Marina .... Boot Key Harbor (entire harbor), Marathon, Florida.
Thursday. Christmas Boat
Parade.
December2nd Key Colony Beach Key Colony Beach Key Colony Beach, Marathon, Florida, between Vaca Cut
Sunday. Holiday Boat Pa- Community Assn. Bridge and Long Key Bridge.
rade.
December3rd Sat- Key Largo Boat Pa- Key Largo Boat Pa- From Channel Marker 41 on Dusenbury Creek in
urday. rade. rade. Blackwater Sound to tip of Stillwright Point in Blackwater
Sound, Key Largo, Florida.
December3rd Sat- Key West Lighted Schooner Wharf All waters between Christmas Tree Island and Coast Guard
urday. Boat Parade. Bar. Station thru Key West Harbor to Mallory Square, approxi-
mately 35 yards from shore.
275
100.701 33 CFR Ch. I (7110 Edition)

COTP Zone San Juan
Mayfirst Sunday ... Half Ironman Sponsor: Project St. St. Croix (Christiansted Harbor), U.S.V.I.: In the following
Triathlon. Croix, Inc. position: PT1 on the shoreline at Kings Wharf at posn
174451 N 0644216 W, thence north to PT2 at the
southwest corner of Protestant Cay in posn 174456 N,
0644212 W, then east along the shoreline to PT3 at
the southeast corner of Protestant Cay in posn 174456
N, 0644208 W, thence northeast to PT4 at Christian-
sted Harbor Channel Round Reef Northeast Junction
Lighted Buoy RR in posn 174524 N, 0644145 W,
thence southeast to PT 5 at Christiansted Schooner
Channel Lighted Buoy 5 in posn 174518 N, 0644143
W, thence south to PT6 at Christiansted Harbor Channel
Buoy 15 in posn 174456 N, 0644156 W, thence to
PT7 on the shoreline north of Fort Christiansvaem in
posn 174451 N, 0644205 W, thence west along the
shoreline to PT1.
July 4th .................... Fireworks Display .. Sponsor: St. John St. John (West of Cruz Bay/Northeast of Steven Cay),
Festival & Cul., U.S.V.I. All waters from the surface to the bottom for a ra-
Org. dius of 200 yards centered around position 1819 55 N,
06448 06 W.
July3rd week, San Juan Harbor Sponsor: Munici- San Juan Harbor, Puerto Rico PT1: La Puntilla Final, Coast
Sunday. Swim. pality of Catano. Guard Base at posn 182733 N, 0660700 W, then
south to PT2: Catano Ferry Pier at posn 182636 N,
0660700 W, then east along the Catano shoreline to
PT3: Punta Catano at posn 182640 N, 0660648 W,
then north to PT4: Pier 1 San Juan at posn 182740 N,
0660649 W, then back along the shoreline to origin at
PT1.
December 31st ........ Fireworks St. Sponsor: Mr. Victor St. Thomas (Great Bay area), U.S.V.I.; All waters from the
Thomas, Great Laurenza, surface to the bottom for a radius of 600 feet centered
Bay. Pyrotecnico, New around position 181914 N, 0645018 W.
Castle, PA.
December1st Christmas Boat Pa- Sponsor: St. Croix St. Croix (Christiansted Harbor), U.S.V.I.; 200 yards off-
week. rade. Christmas Boat shore around Prostestant Cay beginning in posn
Committee. 174556 N 0644216 W, around the cay and back to
the beginning position.
COTP Zone Charleston
MayMorning Slack Lowcountry Splash Logan Rutledge ..... Cooper River/Charleston Harbor, South Carolina, including
Tide on the 3rd the waters of the Wando River, Cooper River, and
and 4th Saturday. Charleston Harbor from Hobcaw Yacht Club, in approxi-
mate position 324932 N, 0795381 W, South along
the coast of Mt. Pleasant, S.C., to Charleston Harbor Ma-
rina, approximate position 324720 N, 0795464 W,
and extending out 150 yards from shore.
June2nd week ...... Beaufort Water City of Beaufort ...... Beaufort, South Carolina, between the Ladys Island swing
Festival. bridge and Spanish Point.
JuneAugustevery Shelter Cove Fire- Greenwood Devel- Shelter Cove, Hilton Head, South Carolina extending a ra-
Tuesday. works. opment Corp. dius of 600 feet from approximate position 321110 N,
0804354 W.
July 4th .................... Sea pines resort Seapines Plantation Harbortowne, Hilton Head, Calibogue Sound, South Caro-
4th of July. lina extending a radius of 600 feet from approximate posi-
tion 321110 N, 0804354 W.
Patriots Point Fire- Patriots Point ......... Charleston Harbor, South Carolina, extending a radius of
works. 1000 feet from approximate position 324701 N,
079538 W.
Skull Creek Fire- Hudson Seafood .... Skull Creek, Hilton Head, South Carolina extending a radius
works. of 1000 feet from the approximate position 321357 N,
0804506 W.
City of North City of North Cooper River, Charleston, South Carolina extending a ra-
Charleston Fire- Charleston. dius of 1000 feet from approximate position 325157 N,
works. 0795735 W.
Market Street Fire- City of Charleston .. Charleston Harbor, South Carolina extending a radius of
works. 1000 feet from center approximate position 325401 N,
0800805 W.
November2nd Head of the South Augusta Rowing Upper Savannah River MM199 to MM196, Georgia.
week. club.
276

December2nd Charleston Harbor City of Charleston .. Charleston Harbor, South Carolina, from Anchorage A
week. Christmas Parade through Shutes Folly, Horse Reach, Hog Island Reach,
of Boats. Town Creek Lower Reach, Ashley River, and finishing at
City Marina.
COTP Zone St. Petersburg
January3rd Satur- Gasparilla Chil- Event Makers ......... Hillsborough Bay within a 500 yard radius of the fireworks
day. drens Parade barge located in approximate position 275504 N,
Fireworks. 0822908 W.
Gasparilla Chil- Air Boss and Con- Hillsborough Bay north of an imaginary line drawn at 2755
drens Parade Air sulting. N, west of Davis Islands, and south of the Davis Island
show. Bridge.
Januarylast Satur- Gasparilla Boat Pa- YE Mystic Krewe of Tampa Bay, Florida, including all waters of Hillsborough
day. rade. Gasparilla. Bay and its tributaries north of a line drawn along latitude
275118 N. Hillsborough Cut D Channel, Sparkman
Channel, Ybor Channel, Seddon Channel and the
Hillsborough River south of the John F. Kennedy Bridge.
Marchlast Friday, Honda Grand Prix .. Honda Motor Com- Demons Landing St. Petersburg FL, All waters within 100 ft
Saturday, and pany and City of of the seawall.
Sunday. St. Petersburg.
St. Pete Grand Prix Honda Motor Com- St. Petersburg FL, within two NM of the Albert Whitted Air-
Air show. pany and City of port.
St. Petersburg.
Aprillast Sunday ... St. Anthonys St. Anthonys St. Petersburg within one NM of Spa Beach.
Triathlon. Health Care.
July 4th .................... Freedom Swim ....... None ...................... Peace River FL within two NM of the U.S. 41 Bridge
July 4th and January Ybor Fireworks Dis- Tampa Bay Attrac- Ybor Turning Basin within a 120 yard radius of the fireworks
1st. play. tions Association barge in approx. position 275629 N, 0822643 W.
or various private
entities.
Clearwater fire- City of Clearwater .. Gulf Intracoastal Waterway in the vicinity of Clearwater with-
works displays. in a 500 yard radius of the fireworks barge located in ap-
proximate position 265801 N, 0824815 W.
Marco Island fire- City of Marco Island Gulf of Mexico in the vicinity of Marco Island within a 300
works displays. yard radius of the fireworks barge located in approximate
position 255436 N, 0814506 W.
Venice fireworks City of Venice ........ Gulf of Mexico in the vicinity of Venice Inlet within a 200
displays. yard radius of the fireworks barge located in approximate
position 270644 N, 0822809 W.
Beach House Res- Beach House Res- Gulf of Mexico in the vicinity of Bradenton Beach within a
taurant fireworks taurant. 200 yard radius of the fireworks barge located in approxi-
displays. mate position 272759 N, 0824158 W.
Ft Myers fireworks City of Ft Myers ..... Caloosahatchee River within a 300 yard radius of the fire-
displays. works barge located in approximate position 263845 N,
0815250 W.
July1st Sunday .... Suncoast Offshore Suncoast Founda- Gulf of Mexico in the vicinity of Sarasota, from New Pass to
Grand Prix. tion for the Siesta Beach out to eight NM.
Handicapped.
September3rd Fri- Homosassa Raft Citrus 95 FM radio Homosassa River Between Private Green Dayboard 81 east
day, Saturday, and Race. to private Red Dayboard 2.
Sunday.
October2nd Fri- St Petersburg City of St Peters- St Petersburg, within two NM of the Albert Whitted Airport.
day, Saturday, and Airfest. burg.
Sunday.
November3rd Ironman World City of Clearwater & Gulf of Mexico within two NM of Clearwater Beach FL.
Thursday, Friday, Championship Ironman North
and Saturday. Triathlon. America.
COTP Zone Savannah
May2nd weekend, Blessing of the Knights of Colum- Brunswick River from the start of the East branch of the
Sunday. FleetBrunswick. busBrunswick. Brunswick River (East Brunswick River) to the Golden
Isles Parkway Bridge.
May2nd or 3rd Grand Prix of Au- Champboat Series, Savannah River, Augusta, Georgia, from the U.S. Highway
weekend. gusta. LLC. 1 (Fifth Street) Bridge at mile 199.45 to Eliots Fish Camp
at mile 197.
July 4th .................... Fourth of July Fire- Savannah Water- Savannah River, Savannah Riverfront, Georgia, 500 feet
works. front Association. around fireworks launch point centered at approximate
position 320456 N, 0810502 W.
277
100.701 33 CFR Ch. I (7110 Edition)

July3rd full week- Augusta Southern Augusta Southern Savannah River, Augusta, Georgia, from the U.S. Highway
end. Nationals Drag Nationals. 1 (Fifth Street) Bridge at mile 199.45 to Eliots Fish Camp
Boat Races. at mile 197.
October3rd or 4th Champboat Races Champboat Series, Savannah River, Savannah Riverfront, Georgia, Talmadge
weekend or No- of Savannah. LLC. bridge to a line drawn at 146 degrees true from dayboard
vember1st 62.
weekend.
November1st Sat- Savannah Harbor Westin Resort, Sa- Savannah River, Savannah Riverfront, Georgia, Talmadge
urday after Boat Parade of vannah. bridge to a line drawn at 146 degrees true from dayboard
Thanksgiving Day. Lights and Fire- 62.
works.
December 31st ........ New Years Eve Savannah Water- Savannah River, Savannah Riverfront, Georgia, 500 feet
Fireworks. front Association. around fireworks launch point centered at approximate
position 320456 N, 0810502 W.
Monthlyfirst Friday First Friday of the Savannah Water- Savannah River, Savannah Riverfront, Georgia, 500 feet
Month Fireworks. front Association. around fireworks launch point centered at approximate
position 320456 N, 0810502 W.
COTP Zone Jacksonville
February1st week- Clay County Super Reynolds Park Reynolds Park Yacht Club (entire club), Green Cove
end, FridayMon- Celebration. Yacht Club. Springs.
day.
Februarylast Sat- El Cheapo Sheeps- Jacksonville Off- Mayport/Jacksonville Boat Ramp; 500 feet seaward of the
urday. head Tournament. shore Sport Fish- boat ramp.
ing Club.
March1st Saturday Jacksonville Invita- Stanton Rowing Ortega River Race Course, Jacksonville; between
tional (Rowing Foundation (May Timuquana and Roosevelt Bridges.
Race). vary).
Stanton Invitational Stanton Rowing Ortega River Race Course, Jacksonville; between
(Rowing Race). Foundation. Timuquana and Roosevelt Bridges.
March or April Blessing of the City of Jacksonville St. Johns River, Downtown Jacksonville in the vicinity of
Palm Sunday. FleetJackson- Office of Special Jacksonville Landing between the Main Street Bridge and
ville. Events. Acosta Bridge.
Blessing of the City of St. Augus- St. Augustine Municipal Marina (entire marina).
FleetSt. Augus- tine.
tine.
April1st Full Week- Mount Dora Yacht Mount Dora Yacht Lake Dora, Mount Doran500 ft. off Grantham Point.
end, Saturday and Club Sailing Re- Club.
Sunday. gatta.
April3rd Saturday Jacksonville City Stanton Rowing Ortega River Race Course, Jacksonville; between
Championships. Foundation. Timuquana and Roosevelt Bridges.
April3rd weekend Florida Times Union The Florida Times- Sisters Creek Marina to Marker 88 on the St. Johns River.
Redfish Roundup. Union.
May1st Friday ...... Isle of Eight Flags City of Fernandina Fernandina Harbor Marina (entire marina).
Shrimp Festival Beach.
Pirate Landing
and Fireworks.
May1st Saturday .. Mug Race .............. The Rudder Club of St. Johns River; Palatka to Buckman Bridge.
Jacksonville, Inc.
May4th Friday ...... Palatka Blue Crab Palatka Blue Crab All waters within a 500-yard radius around approximate po-
Festival and Fire- Festival. sition 293837 N, 0813750 W.
works.
May4th weekend .. Memorial Day City of Green Cove All waters within a 500-yard radius around approximate po-
RiverFest. Springs. sition 295939 N, 0814033 W.
Maylast full week, Bluewater Invita- Northeast Florida There is a no-wake zone in effect from the St. Augustine
MondayFriday. tional Tour- Marlin Associa- City Marina out to the end of the St. Augustine Jettys
nament. tion. 6:00AM8:00AM and 3:00PM5:00PM during the above
days.
Maylast full week- Blue Crab Festival Downtown Palatka, St. Johns River, South of Memorial Bridge, Palatka.
end, FridaySun- Ski Shows. Inc. & Palatka
day. Blue Crab Fes-
tival, Inc.
June1st Saturday Florida Sport Fish- Florida Sport Fish- From Sunrise Marina to the end of Port Canaveral Inlet.
of. ing Association ing Association.
Offshore Fishing
Tournament.
June1st weekend, Jetty Park Ocean Fleet 45 Space Jetty Park, Port Canaveral; All waters within a 1000-yard ra-
FridaySunday. Regatta. Coast Catamaran dius around approximate position 282421 N,
Association, Inc. 0803333 W.
278

June2nd weekend, St. Augustine King King Buster Classic, St. Augustine Municipal Marina (entire marina).
Friday-Sunday. Buster Classic Inc.
400.
June4th Saturday Veterans Day Cele- City of New Smyrna All waters within a 500-yard radius around approximate po-
bration, Parade Beach. sition 2903N, 08055W.
and Fireworks
Display.
June4th weekend, Tournament of Nassau Sport Fish- Fernandina Harbor Marina (entire marina), Fernandina
ThursdaySatur- Champions King- ing Association. Beach.
day. fish Tournament.
June2nd weekend, Kingfish Challenge Ancient City Game There is a no-wake zone in effect from the St. Augustine
Saturday and Sun- Fish Association. City Marina out to the end of the St. Augustine Jettys
day. 6:00AM8:00AM and 3:00PM5:00PM.
July 4th .................... Cocoa 4th of July City of Cocoa ......... All waters within a 500-yard radius around approximate po-
Fireworks. sition 282022 N, 0803127 W.
Daytona Beach Daytona Beach All waters within a 500-yard radius around at approximate
Boardwalk Asso- Boardwalk Asso- position 291334 N, 0810033 W.
ciation July 4th ciation.
Fireworks.
Edgewater Fire Edgewater Fire All waters within a 500-yard radius around the pier at Ken-
Rescue Associa- Rescue Associa- nedy Memorial Park, Edgewater, FL.
tion Annual Fire- tion.
works Celebration.
Fernandina Beach City of Fernandina All waters within a 500-yard radius around approximate po-
4th of July Fire- Beach / sition 304017 N, 0812756 W.
works. Fernandina Har-
bor Marina.
Fireworks Display City of Palatka/ All waters within a 500-yard radius around approximate po-
for Independence Downtown sition 293837 N, 0813751 W.
Day Celebration Palatka.
(Palatka).
Flagler Beach July Flagler Beach All waters within a 500-yard radius around (the end of
4th Celebration Chamber of Com- Flagler Beach Pier) approximate position 292850 N,
Fireworks. merce. 0810727 W.
Florida Yacht Club Florida Yacht Club All waters within a 500-yard radius around approximate po-
and Timuquana and Timuquana sition 301500 N, 0814117 W.
Country Club Country Club.
Fireworks Display.
Kissimmee July 4th City of Kissimmee All waters within a 500-yard radius around approximate po-
Celebration Fire- Parks and Recre- sition 281708 N, 0812408 W.
works. ation.
Kiwanis Club of St. Kiwanis Club of St. St. Marys River, St. Marys, GA; All waters within a 500-yard
Marys Annual Marys Georgia. radius around approximate position 30437 N,
Fourth of July 0813259 W.
Festival Fire-
works.
Liberty Fest4th of City of Jacksonville All waters within a 500-yard radius around approximate po-
July Celebration Beach. sition 301706 N, 0812316 W.
(Jacksonville
Beach).
Mount Dora Old Rotary Club of Lake Dora, Mount Dora500 ft. off Grantham Point.
Fashioned 4th of Mount Dora /
July Celebration. Mount Dora Fire-
fighter Associa-
tion.
Orange Park Inde- Town of Orange All waters within a 500-yard radius around approximate po-
pendence Day Park. sition 301020 N, 0814220 W.
Celebration Fire-
works.
Ormond Beach City of Ormond All waters within a 500-yard radius around approximate po-
Independence Beach. sition 2917.2N, 08102.988W.
Day Celebration
Fireworks.
Patrick Air Force Patrick Air Force All waters within a 500-yard radius around approximate po-
Base 4th of July Base. sition 281400 N, 0803700 W.
Celebration and
Fireworks.
Sanfords July 4th City of Sanford ....... All waters within a 500-yard radius around the Monroe Har-
Celebration Fire- bor Marina.
works.
279
100.713 33 CFR Ch. I (7110 Edition)

St. Augustine July City of St. Augus- All waters within a 500-yard radius around approximate po-
4th Fireworks tine. sition 295350.84 N, 0811830.87 W.
Display.
July3rd Saturday .. Halifax Rowing As- Halifax Rowing As- Halifax River, Daytona, S. of Memorial BridgeEast Side.
sociation Summer sociation.
Regatta.
July3rd week ........ BellSouth Greater Jacksonville Marine All waters of the St. Johns River, from lighted buoy 10
Jacksonville King- Charities, Inc. (LLNR 2190) in approximate position 302422 N,
fish Tournament. 0812459 W to Lighted Buoy 25 (LLNR 7305).
August2nd week .. Townsend Hawkes Jacksonville Beach- 50 ft. offshore from Jacksonville Beach to Sea Turtle Inn,
Ocean Swim. es Kiwanis Club. Atlantic Beach.
December 31st ........ Jacksonville New City of Jacksonville St. Johns River; Westside of Main Street Bridge.
Years Eve Fire- Office of Special
works. Events.
St. Augustine City of St. Augus- All waters within a 500-yard radius approximate position
Beach New tine Beach. 295116 N, 0811549 W.
Years Eve Fire-
works.
December2nd Sat- St. Johns River St. Johns River St. Johns River; Whitehair Bridge, Deland to Lake
urday. Christmas Boat Christmas Boat Beresford.
Parade. Parade, Inc.
Christmas Boat Pa- Halifax River Yacht Halifax River from Seabreeze Bridge to Halifax Harbor Ma-
rade (Daytona Club. rina.
Beach / Halifax
River).
Kissimmee Holiday City of Kissimmee Kissimmee Lakefront Park; All waters within a 500-yard ra-
Extravaganza Parks and Recre- dius around approximate position 281713 N,
Fireworks. ation. 0812413 W.
[USCG20070179, 73 FR 4461, Jan. 25, 2008] trol Commander all vessels may re-
sume normal operations.
100.713 Annual Harborwalk Boat (c) Effective Dates. This section is in
Race; Sampit River, Georgetown,
SC. effect from 12 p.m. and terminates at
5:30 p.m. EDT annually during the last
(a) Definitions(1) Regulated Area. Sunday of June.
The regulated area is formed by a line
from: [CGD0796015, 61 FR 29020, June 7, 1996, as
3321.5 N, 07917.10 W, thence to July 2, 2007]
3321.7 N, 07916.8 W, thence along the shore
to 100.717 Annual Fort Myers Beach
3321.1 N, 07916.7 W, thence to Offshore Grand Prix; Fort Myers,
3321.1 N, 07916.9 W, thence back to FL.
3321.5 N, 07917.10 W.
(a) Regulated Area. The regulated
All coordinates referenced use datum: area is formed by a line drawn from the
NAD 83. start/finish position, at the Fort Myers
(2) Coast Guard Patrol Commander. Beach pier (2628.07 N, 8158.30 W),
The Coast Guard Patrol Commander is thence to position 2626.08 N, 8155.29
a commissioned, warrant, or petty offi- W, thence to position 2624.76 N,
cer of the United States Coast Guard 8154.68 W, thence to position 2623.74
who has been designated by the Com- N, 8155.10 W, thence to position
mander, Coast Guard Sector Charles- 2623.91 N, 8155.40 W, thence to posi-
ton, Charleston, South Carolina. tion 2624.94 N, 8155.24 W, thence to
(b) Special local regulations. (1) Entry position 2626.93 N, 8158.53 W, thence
into the regulated area is prohibited to to position 2627.32 N, 8158.16 W,
all nonparticipants. thence back to the start/finish posi-
(2) After the termination of the tion, at the Fort Myers Beach pier
(2628.07, 8158.30 W). All coordinates
Harborwalk Boat Race, and during in-

tervals between scheduled events, at referenced use datum: NAD 83.
the discretion of the Coast Guard Pa-
280
(b) Special local regulations. (1) No ves- p.m. EDT annually during the third
sel may anchor shoreward of the shore- Saturday and Sunday of May.
side boundaries of the regulated area,
[CGD0796005, 61 FR 28503, June 5, 1996, as
from 11 a.m. to 3 p.m. edt. amended by CGD0797010, 62 FR 26745, May
(2) Spectator craft will be permitted 15, 1997]
to anchor seaward of the seaside
boundaries of the regulated area, in the 100.718 Annual Suncoast Kilo Run;
spectator area formed by a line drawn Sarasota Bay, Sarasota, FL.
from the position 2926.54 N, 8158.12 W, (a) Regulated area. The regulated area
thence to position 2825.06 N, 8155.42 is established in Sarasota Bat with the
W, thence to position 2624.45 N, northwest corner point at Whale Key,
8155.50 W, thence to position 2626.54 position 272353 N, 823746 W, extend-
N, 8158.30 W, thence back to position ing to the northeast corner point at
2926.54 N, 8158.12 W, and in the spec- Bayshore Gardens Channel, position
tator area formed by a line drawn from 272511 N, 823545 W, extending to the
the position 2625.06 N, 8154.18 W, southeast corner point at Whitaker
thence to position 2623.47 N, 8154.00 Bayou, position 272122 N, 823314 W,
W, thence to position 2524.05 N, and then to the southwest corner point
8154.47 W, thence back to position at Quick Point, position 272018 N,
2625.06 N, 8154.18 W. All coordinates 823436 W. All coordinates referenced
referenced use datum: NAD 83. use datum: NAD 83.
(3) All vessel traffic, not involved (b) Special local regulations. (1) In ac-
with the Fort Myers Beach Offshore cordance with these regulations, the
Grand Prix, exiting Matanzas Pass be- regulated area is designated as a no
tween 11 a.m. and 3 p.m. will exit the wake zone. Spectator craft are per-
marked channel at Matanzas Pass mitted into the area, but are prohib-
Channel daybeacon #3 (2625.9 N, ited from entering the race course
8258.2 W, LLNR 16365) and #4 (2626.1 areas described in (b)(2) of this section.
N, 8257.8 W, LLNR 16370), and shall (2) Inside the no wake zone are two
proceed in a southwesterly direction designated areas surrounding the pri-
seaward of the spectator area defined mary and alternate race courses. Pri-
in paragraph (b)(2) of this section, tak- mary course A is bounded by a line
ing action to avoid a close-quarters sit- connecting the northeast corner point
uation until finally past and clear of at position 272210 N, 823609 W, a
the racecourse. All coordinates ref- southeast corner point at position
erenced use datum: NAD 83. 272131 N, 823537 W, a southwest cor-
(4) All vessel traffic, not involved ner point at position 272127 N,
with the Fort Myers Beach Offshore 823548 W, and a northwest corner
Grand Prix, exiting Big Carlos Pass be- point at position 272205 N, 823616 W.
tween 11 a.m. and 3 p.m. edt will exit Alternate course B is bounded by a
the pass in a southwesterly direction line connecting the northeast corner
seaward of the spectator area defined point at position 272311 N, 823431 W,
in paragraph (b)(2) of this section, tak- a southeast corner point at position
ing action to avoid a close-quarters sit- 272235 N, 823403 W, a southwest cor-
uation with the spectator craft until fi- ner point at position 272231 N,
nally past and clear of the racecourse. 823408 W, and a northwest corner
All coordinates referenced use datum: point at position 272309 N, 823438 W.
All coordinates referenced use datum:
NAD 83.
NAD 83.
(5) Entry into the regulated area
(3) Entry into the regulated area
shall be in accordance with this regula-
shall be in accordance with this regula-
tion. Spectator vessels shall stay sea-
tion.
ward of the seaside legs of the race-
course at all times in the spectator (c) Effective date. This section is ef-
areas defined in paragraph (b)(2) of this fective at 8 a.m. and terminates at 1
section. p.m. EDT, annually during the first
Friday of July.
(c) Effective dates: This section is ef-
fective each day from 11 a.m. through 3 [CGD0796008, 61 FR 32334, June 24, 1996]
281
100.719 33 CFR Ch. I (7110 Edition)
100.719 Annual Suncoast Offshore 100.720 Annual Suncoast Offshore

Challenge; Gulf of Mexico, Sarasota, Grand Prix; Gulf of Mexico, Sara-
FL. sota, FL.
(a) Regulated area. The regulated area (a) Regulated area. The regulated area
is established by a line drawn from the is established by a line drawn from the
start/finish position 2719.15 N, 8235.90 start/finish position 2719.15 N, 8235.90
W, thence to position 2718.81 N, W, thence to position 2718.91 N,
8234.90 W, thence to position 2718.21 8234.90 W, thence to position 2718.81
N, 8234.48 W, thence to position N, 8234.48 W, thence to position
2716.43 N, 8234.99 W, thence to posi- 2716.43 N, 8234.99 W, thence to posi-
tion 2715.70 N, 8234.29 W, thence to tion 2715.70 N, 8234.29 W, thence to
position 2715.86 N, 8233.44 W, thence position 2715.86 N, 8233.44 W, thence
to position 2714.7310 N, 8232.37 W, to position 2714.73 N, 8232.37 W,
thence to position 2714.62 N, 8232.54 thence to position 2714.62 N, 8232.54
W, thence to position 2714.94 N, W, thence to position 2714.93 N,
8235.25 W, thence to position 2720.03 8235.25 W, thence to position 2720.03
N, 8237.38 W, thence to position N, 8237.38 W, thence to position
2720.32 N, 8237.16 W, thence back to 2720.32 N, 8237.16 W, thence back to
the start/finish position. All coordi- the start/finish position. All coordi-
nates referenced use datum: NAD 1983. nates referenced use datum: NAD 1983.
(b) Special local regulations. (1) No an- (b) Special local regulations. (1) No an-
choring will be permitted seaward of choring will be permitted seaward of
the shoreside boundaries of the regu- the shoreside boundaries of the regu-
lated area out to three nautical miles lated area out to three nautical miles
from shore, from 10 a.m. to 4 p.m. EDT, from shore, from 10 a.m. to 4 p.m. EDT.
annually on the first Saturday of July. (2) Anchoring for spectators will be
(2) Anchoring for spectators will be permitted shoreward of the shoreside
permitted shoreward of the shoreside boundaries of the regulated area.
boundaries of the regulated area. (3) All vessel traffic not involved
(3) All vessel traffic, not involved with the Suncoast Offshore Grand Prix,
with the Suncoast Offshore Challenge, exiting New Pass between 10 a.m. and 4
exiting New Pass between 11 a.m. and 4 p.m. EDT shall exit at New Pass Chan-
p.m. EDT shall exist at New Pass Chan- nel daybeacon #3 (2726.46 N, 8241.7 W,
nel daybeacon #3 (2726.46 N, 8241.7 W, LLNR 18100) and #4 (2726.4 N, 8241.68
LLNR 18100) and #4 (2726.4 N, 8241.68 W, LLNR 18105), and shall proceed in a
W, LLNR 18105), and shall proceed in a northerly direction shoreward of spec-
northerly direction shoreward of spectator craft taking action to avoid a
tator craft taking action to avoid a close-quarters situation until finally
close-quarters situation until finally past and clear of the racecourse. All co-
past and clear of the racecourse. All coordinates referenced use datum: NAD
ordinates referenced use datum: NAD 83.
1983. (4) Big Sarasota Pass will be closed
(4) Big Sarasota Pass will be closed to all inbound and outbound vessel
to all inbound and outbound vessel traffic, other than spectator craft,
traffic, other than spectator craft, from 10 a.m. to 4 p.m. EDT.
from 10 a.m. to 4 p.m. EDT. (5) Entry into the regulated area
(5) Entry into the regulated area shall be in accordance with this regula-
shall be in accordance with this regulation. Spectator craft will stay clear of
tion. Spectator vessels shall stay clear race area at all times.
of race area at all times. (c) Effective date. This section is ef-
(c) Effective date. This section is effective at 10 a.m. and terminates at 4
fective at 10 a.m. and terminates at 4 p.m. EDT, annually during the first
p.m. EDT, annually during the first Sunday of July.
Saturday of July.
[CGD0796008, 61 FR 32335, June 24, 1996]

[CGD0796008, 61 FR 32334, June 24, 1996]
282
100.724 Annual Augusta Invitational ing for spectator craft is permitted

Rowing Regatta; Savannah River, north of the northern straightaway and
Augusta, GA. south of the southern straightaway,
(a) Definitions. (1) Regulated area. The but only in the designated spectator
regulated area is formed by a line area between 2746.62N, 08237.00W to
drawn directly across the Savannah 2746.80N, 08234.72W and 2746.52N,
River at U.S. Highway 1 (Fifth Street) 08237.00W to 2746.70N, 08234.72W for
Bridge at mile marker 199.45 and di- the northern area and 2746.25N,
rectly across the Savannah River at 08237.00W to 2745.90N, 08234.72W and
Eliots Fish Camp at mile marker 197. 2746.15N, 08237.00W to 2745.80N,
The regulated area includes the width 08234.72W for the southern area. All co-
of the Savannah River between these ordinates referenced use Datum: NAD
two lines. 83. No anchoring will be permitted west
(2) Coast Guard Patrol Commander. of turns 1 and 4 nor west of turns 2 and
The Coast Guard patrol Commander is 3, from 10 a.m. to 6 p.m. EDT.
a commissioned, warrant, or petty offi- (3) All vessel traffic, not involved in
cer of the Coast Guard who been des- the Hurricane Offshore Classic, enter-
ignated by the Commander, Coast ing or exiting the Vinoy Basin between
Guard Sector Charleston, SC. 10 a.m. and 6 p.m. EDT must transit
(b) Special local regulations. (1) Entry around the racecourse, taking action
into the regulated area is prohibited to to avoid a close-quarters situation
all non-participants. until finally past and clear of the race-
(2) After the termination of the Invi- course. All vessel traffic, not involved
tational Rowing Regatta each day, and with the Hurricane Offshore Classic,
during intervals between scheduled transiting the area off Coffeepot
events, at the discretion of the Coast Bayou, The Pier, and Bayboro Harbor
Guard Patrol Commander, all vessels should exercise extra caution and take
may resume normal operations. action to avoid a close-quarters situa-
(c) Effective dates. This section is ef- tion until finally past and clear of the
fective at 7 a.m. and terminates at 5 racecourse.
p.m. local time annually, on Thursday, (4) Entry into the regulated area
Friday, Saturday and Sunday of the shall be in accordance with this sec-
third weekend of March. tion. Spectator vessels will at all times
stay in the spectator areas defined in
[CGD0796063, 62 FR 7937, Feb. 21, 1997, as
paragraph (b)(2) of this section.
July 2, 2007] (c) Effective Dates: This regulation is
effective annually at 10 a.m. and termi-
100.728 Special Local Regulations; nates at 6 p.m. EDT on the third Satur-
Hurricane Offshore Classic, St. Pe- day and Sunday of August.
tersburg, FL.
[CGD0797031, 62 FR 43641, Aug. 15, 1997, as
(a) Regulated area. The regulated area amended by USCG200625556, 72 FR 36327,
is formed by a line drawn from position July 2, 2007]
2746.9 N, 08237.45 W (onshore at
North Shore Park) east southeast to 100.729 Columbus Day Regatta, Bis-
position 2746.39 N, 08232.65 W; thence cayne Bay, Miami, FL.
due south to position 2744.67 N, (a) Regulated area. A regulated area is
08232.65 W; thence due west to posi- established for the Columbus Day Re-
tion 2744.67 N, 08237.45 W (onshore gatta, Biscayne Bay, Miami, Florida.
just south of Lassing Park). All coordi- The regulated area encompasses all wa-
nates referenced use Datum: NAD 83. ters within the following points:
(b) Special local regulations. (1) Entry
Latitude Longitude
into the regulated area by other than
event participants is prohibited unless 254324 N ........................... 0801230 W
authorized by the patrol commander 254324 N ........................... 0801030 W
253300 N ........................... 0801130 W
designated by Coast Guard Sector St. 253300 N ........................... 0801554 W
Petersburg, Florida. 254000 N ........................... 0801500 W
(2) Spectator craft will be permitted

near the race area, but will be required (b) Definitions. Coast Guard Patrol
to stay clear of the race lanes. Anchor- Commander means a commissioned,
283
100.732 33 CFR Ch. I (7110 Edition)
warrant, or petty officer of the Coast (3) The Captain of the Port Charles-
Guard who has been designated by ton will issue a Marine Safety Informa-
Commanding Officer, Coast Guard Sta- tion Broadcast Notice to Mariners to
tion Miami Beach. notify the maritime community of the
(c) Special Local Regulations. (1) Entry special local regulations and the re-
into the regulated area by non-partici- strictions imposed.
pant persons or vessels is prohibited (c) Dates. These regulations become
unless authorized by the Coast Guard effective annually from 7 a.m. to 5 p.m.
Patrol Commander. EDT each day, on the third Friday,
(2) At the completion of scheduled Saturday and Sunday of May, unless
races and exhibitions, and departure of otherwise specified in the notice to
participants from the regulated area, mariners.
the Coast Guard Patrol Commander
[CGD0798013, 63 FR 26454, May 13, 1998, as
may permit traffic to resume normal amended by USCG200625556, 72 FR 36327,
operations. July 2, 2007]
(3) Between scheduled racing events,
the Coast Guard Patrol Commander 100.734 Annual Gasparilla Marine
may permit traffic to resume normal Parade; Hillsborough Bay, Tampa,
operations for a limited time. FL.
(4) A succession of not fewer than 5 (a) Regulated Area. A regulated area
short whistle or horn blasts from a is established consisting of all waters
Coast Guard patrol vessel will be the of Hillsborough Bay and its tributaries
signal for any and all vessels to take north of 275118 north latitude and
immediate steps to avoid collision. south of the John F. Kennedy Bridge.
(d) Enforcement periods. This rule will The regulated area includes the fol-
be enforced from 10 a.m. until 5 p.m. lowing in their entirety: Hillsborough
Saturday and Sunday during the sec- Cut D Channel, Seddon Channel, and
ond weekend in October (Columbus Day the Hillsborough River south of the
weekend). John F. Kennedy Bridge. All coordi-
[CGD0704120, 69 FR 61444, Oct. 19, 2004] nates referenced use datum: NAD 83.
(b) Special local regulations.
100.732 Annual River Race Augusta; (1) Entrance into the regulated area
Savannah River, Augusta GA. is prohibited to all commercial marine
(a) Definitions: traffic from 9 a.m. to 2:30 p.m. EST on
(1) Regulated Area. The regulated area the day of the event.
is formed by a line drawn directly (2) The regulated area is a no wake
across the Savannah River at the U.S. zone.
Highway 1 Bridge at mile marker 199 (3) All vessels within the regulated
and directly across the Savannah River area shall stay 50 feet away from and
at mile marker 197. The regulated area give way to all officially entered ves-
would encompass the width of the Sa- sels in parade formation in the
vannah River between these two lines. Gasparilla Marine Parade.
(2) Coast Guard Patrol Commander. (4) When within the marked channels
The Coast Guard Patrol Commander is of the parade route, vessels partici-
a commissioned, warrant, or petty offi- pating in the Gasparilla Marine Parade
cer of the Coast Guard who has been may not exceed the minimum speed
designated by the Commander, Coast necessary to maintain steerage.
Guard Sector Charleston, South Caro- (5) Jet skis and vessels without me-
lina. chanical propulsion are prohibited
(b) Special Local Regulations. (1) Entry from the parade route.
into the regulated area is prohibited to (6) Northbound vessels in excess of 80
all non-participants. feet in length without mooring ar-
(2) After termination of the River rangements made prior to the date of
Race Augusta each day, and during in- the event are prohibited from entering
tervals between scheduled events, at Seddon Channel unless the vessel is of-
the discretion of the Coast Guard Pa- ficially entered in the Gasparilla Ma-
trol Commander, all vessels may re- rine Parade. All northbound vessels in
sume normal operations. excess of 80 feet without prior mooring
284
arrangements and not officially en- (c) Dates. This section will be en-
tered in the Gasparilla Marine Parade forced annually on the second consecu-
must use the alternate route through tive Friday, Saturday, and Sunday of
Sparkman Channel. May from 8:30 a.m. until 4:30 p.m.
(7) Vessels not officially entered in
the Gasparilla Marine Parade may not [CGD0705012, 70 FR 29197, May 20, 2005]
enter the Parade staging area box
100.740 Annual Offshore Super Series
within the following coordinates: Boat Race; Fort Myers Beach, FL.
275353 N 0822747 W 275322 N
0822710 W 275236 N 0822755 W (a) Regulated area. (1) The regulated
275302 N 0822831 W area is formed by the following coordi-
(c) Enforcement period. This section nates; point 1: 262743N, 815822W
will be enforced from 9 a.m. until 2:30 south to point 2: 262705N, 815837W
p.m. EST, annually on the last Satur- east to point 3: 262539N, 815546W
day in the month of January. north to point 4: 262614N, 815522W
[CGD0705156, 71 FR 76153, Dec. 20, 2006]
and west to original point 1: 262743N,
815822W. All coordinates referenced
100.736 Annual Fort Myers Beach air use datum: NAD 83.
show; Fort Myers Beach, FL. (2) The spectator line is formed by
(a)(1) Regulated Area. The regulated the following coordinates; point 1:
area is formed by the following coordi- 262653N, 815827W east to point 2:
nates; point 1: 262808 N, 815915 W 262532N, 815357W. All coordinates
south to point 2: 262737 N, 815939 W referenced use datum: NAD 83.
east to point 3: 262545 N, 815534 W (b) Special local regulations. (1) Non-
north to point 4: 262614 N, 815522 W participant vessels and persons are pro-
and west along the contour of the shore hibited from entering the regulated
to point 5: 262752 N, 815804 W to area as defined in paragraph (a)(1) of
original point 1: 262808 N, 815915 W. this section.
All coordinates referenced use datum: (2) All vessel entering and exiting
NAD 83. Matanzas Pass Channel shall proceed
(2) Air Box Area. The air box area is cautiously and take early action to
contained within the regulated area avoid close-quarters situations until fi-
and is formed by the following coordi- nally past and clear of the regulated
nates; point 1: 262734 N, 815822 W area.
south to point 2: 262707 N, 815839 W (3) Anchoring is only permitted sea-
east to point 3: 262615 N, 815636 W ward of the spectator line as defined in
north to point 4: 262642 N, 815622 W paragraph (a)(2) of this section.
and west to original point 1: 262734 N, (c) Enforcement Dates. This section
815822 W. All coordinates referenced will be enforced annually from 10 a.m.
use datum: NAD 83. to 5 p.m. EDT on the second consecu-
(b) Special local regulations. (1) Vessels tive Saturday and Sunday of June.
and persons are prohibited from enter-
ing the air box area defined in para- [CGD 0705019, 70 FR 34659, June 15, 2005]
graph (a)(2) of this section.
(2) No vessel may anchor/moor or 100.801 Annual Marine Events in the
transit within the regulated area de- Eighth Coast Guard District.
fined in paragraph (a)(1) of this section, The following regulations apply to
with the exception of vessel transit the marine events listed in Table 1 of
permitted in the marked channel as set this section. These regulations will be
forth in paragraph (b)(3) of this section. effective annually, for the duration of
(3) Vessels entering and exiting each event listed in Table 1. Annual no-
Matanzas Pass Channel will be allowed tice of the exact dates and times of the
to transit using the marked channel effective period of the regulation with
only at Matanzas Pass Channel day respect to each event, the geographical
beacon #3 (262554 N, 825812 W, area, and details concerning the nature
LLNR 16365) and #4 (262606 N, 825748 of the event and the number of partici-
W, LLNR 16370) but may not linger pants and type(s) of vessels involved
within the regulated area. All coordi- will also be published in local notices
nates referenced use datum: NAD 83. to mariners. Sponsors of events listed in
285
100.801 33 CFR Ch. I (7110 Edition)
Table 1 of this section must submit an ap- (e) The Patrol Commander may for-
plication each year in accordance with 33 bid and control the movement of all
CFR 100.15. vessels in the regulated area. When
(a) The Coast Guard may patrol the hailed or signaled by an official patrol
event area under the direction of a des- vessel, a vessel shall come to an imme-
ignated Coast Guard Patrol Com- diate stop and comply with the direc-
mander. The Patrol Commander may tions given. Failure to do so may result
be contacted on Channel 16 VHF-FM in expulsion from the area, citation for
(156.8 MHz) by the call sign failure to comply, or both.
PATCOM. (f) Any spectator vessel may anchor
(b) All persons and vessels not reg- outside the regulated area specified in
istered with the sponsor as partici- Table 1 of this section, but may not an-
pants or official patrol vessels are con- chor in, block, or loiter in a navigable
sidered spectators. The official patrol channel.
(g) The Patrol Commander may ter-
vessels consist of any Coast Guard,
minate the event or the operation of
state or local law enforcement and
any vessel at any time it is deemed
sponsor provided vessels assigned or
necessary for the protection of life or
approved by the Commander, Eighth
property.
Coast Guard District, to patrol the
(h) The Patrol Commander will ter-
event. minate enforcement of the special reg-
(c) Spectator vessels desiring to tran- ulations at the conclusion of the event.
sit the regulated area may do so only (i) In Table 1 to this section, where a
with prior approval of the Patrol Com- regulated area is described by reference
mander and when so directed by that to miles of a river, channel or lake, the
officer and will be operated at a no regulated area includes all waters be-
wake speed in a manner which will not tween the indicated miles as defined by
endanger participants in the event or lines drawn perpendicular to shore
any other craft. passing through the indicated points.
(d) No spectator shall anchor, block, (j) In Table 1 to this section, where
loiter, or impede the through transit of alternative dates are described (third
participants or official patrol vessels in or fourth Saturday), the exact date
the regulated area during the effective and times will be advertised by the
dates and times, unless cleared for Coast Guard through Local Notices to
entry by or through an official patrol Mariners and Broadcast Notices to
vessel. Mariners.
TABLE 1 OF 100.801EIGHTH COAST GUARD DISTRICT TABLE OF ANNUAL MARINE EVENTS
I. SECTOR OHIO VALLEY

1. WEBN/Riverfest Fireworks
Sponsor: WEBN.
Date: The Sunday before Labor Day.
Regulated Area: Ohio River miles 469.2470.5, Cincinnati, OH.
2. Aurora Thunder Regatta
Sponsor: Aurora Riverfront Beautification Committee.
Date: The last weekend in August.
Regulated Area: Ohio River channel miles 496.0499.0, Aurora, IN.
3. Ohio River Way Paddlefest
Sponsor: Ohio River Way (Paddlefest).
Date: The last weekend in June.
Regulated Area: Ohio River miles 461.5470.5, Cincinnati, OH.
4. Thunder Over Louisville.
Sponsor: Thunder Over Louisville.
Date: Five days during the 2nd half of April.
Regulated Area: Ohio River miles 602.0606.0, Louisville, KY.
5. Kentucky Derby Festival Great Steamboat Race
Sponsor: Kentucky Derby Festival/Belle of Louisville Operating Board.
Date: One day during the last week in April or the first week in May.
Regulated Area: Ohio River miles 596.0604.3, Louisville, KY.

6. Thunder on the Ohio
Sponsor: Evansville Freedom Festival.
286

Continued
Date: Six days during the last week in June and/or the first week in July.
Regulated Area: Ohio River miles 791.0795.0, Evansville, IN.
7. Indiana Governors Cup
Sponsor: Madison Regatta Inc.
Date: Thursday through Sunday over the 1st weekend in July.
Regulated Area: Ohio River miles 555.0560.0, Madison, IN.
8. Kentucky Drag Boat Association Inc.: Drag Boat Races
Sponsor: Kentucky Drag Boat Association Inc.
Date: Three days between August 15th and August 31st.
Regulated Area: Green River miles 70.071.5, Livermore, KY.
9. Ducks on the Ohio
Sponsor: Goodwill Industries, Inc.
Date: One day between August 15th and September 30th.
Regulated Area: Ohio River miles 791.5793.5, Evansville, IN.
10. Clarksville RiverfestWakeboard Contest, Regatta, Fireworks
Sponsor: City of Clarksville, TN.
Date: The 2nd weekend in September.
Regulated Area: Cumberland River miles 125126.
11. Spirit of Freedom Fireworks Florence, TNFireworks
Sponsor: Urban Broadcasting.
Date: July 4th.
Regulated Area: Tennessee River miles 255257.
12. Lake Guntersville 4th of July CelebrationFireworks
Sponsor: Lake Guntersville, AL Chamber of Commerce.
Date: July 4th.
13. The Great Kiwanis Duck RaceRubber Duck Regatta
Sponsor: Kiwanis Club of Chattanooga, TN.
Date: The 3rd weekend in June.
14. Chattanooga Dragon Boat FestivalRowing Race
Sponsor: Dynamic Events and Management.
Date: The 1st weekend in August.
15. Pickwick ChallengePowerboat Race
Sponsor: Pickwick Challenge, LLC.
Date: The 1st weekend in May.
16. Lighting Up the CumberlandFireworks
Sponsor: Town of Cumberland City, TN.
Date: The Saturday before July 4th, or on July 4th if that day is a Saturday.
Regulated Area: Cumberland River miles 103105.
17. Knoxville Dragon Boat RacesRowing Race
Sponsor: Dynamic Events & Management.
Date: The 4th Weekend in August.
18. Marietta Invitational Rowing Regatta
Sponsor: Marietta High School.
Date: One day during the 2nd or 3rd weekend in April.
Regulated Area: Muskingum River miles 0.51.5, Marietta, OH.
19. West Virginia Governors Cup Regatta
Sponsor: University of Charleston.
Date: One day during the 2nd or 3rd weekend in April.
Regulated Area: Kanawha River miles 59.562.0, Charleston, WV.
20. Point Pleasant Sternwheel Regatta
Sponsor: City of Point Pleasant.
Date: Three days during the 1st or 2nd weekend in July.
Regulated Area: Ohio River miles 265.0266.0, Point Pleasant, WV.
21. Charleston 4th of July Celebration
Sponsor: City of Charleston.
Date: Two days during the 1st week in July.
Regulated Area: Kanawha River miles 57.559.0, Charleston, WV.

22. Summer Motion
Sponsor: Summer Motion Inc.
287
100.801 33 CFR Ch. I (7110 Edition)

Continued
Date: Three days during the 1st week in July.
Regulated Area: Ohio River miles 321.6323.3.
23. Marietta Riverfront Roar Tunnel Boat Races
Sponsor: Marietta Riverfront Roar.
Date: Two days during either the 2nd or 3rd weekend in July.
Regulated Area: Ohio River miles 171.5172.5, Marietta, OH.
24. Dawg Dazzle Fireworks Spectacular
Sponsor: Big Sandy Superstore Arena.
Date: One day during the 1st week in July.
Regulated Area: Ohio River miles 307.8308.8, Huntington, WV.
25. Brundage Memorial Regatta
Sponsor: Brundage Regatta Committee.
Date: One day during the 3rd or 4th weekend in May.
26. St. Mary Medical Center Foundation Gala
Sponsor: St. Mary Medical Center Foundation.
Date: One day during the 2nd or 3rd weekend in May.
27. Pirates Fireworks
Sponsor: Pittsburgh Pirates.
Date: Every Saturday from April through September.
Regulated Area: Allegheny River miles 0.40.6, Pittsburgh, PA.
28. Wheeling Vintage Regatta
Sponsor: Wheeling Vintage Race Boat Association.
Date: Labor Day weekend.
Regulated Area: Ohio River miles 90.491.5, Wheeling, WV.
II. SECTOR UPPER MISSISSIPPI RIVER
29. Hudson Hot Air Affair
Sponsor: Hudson Hot Air Affair, Inc.
Dates: The 1st Friday in February.
Regulated Area: St. Croix River miles 16.516.9.
30. Winter CarnivalComcast Fireworks
Sponsor: St. Paul Festival and Heritage Foundation.
Dates: The 1st Saturday in February.
Regulated Area: Upper Mississippi River miles 840.5841.0.
31. [Reserved].
32. Deke Slayton Airfest, LaCrosse
Sponsor: Deke Slayton Airfest.
Dates: Three days during the 3rd week in May.
33. That Was Then, This Is Now Boat Show & Exhibition
Sponsor: Clear Lake Chapter of the ACBS.
Dates: The 3rd Saturday in May.
34. Tan-Tar-A Memorial Day Fireworks
Sponsor: Tan-Tar-A Resort.
Dates: The last Sunday in May.
Regulated Area: Lake of the Ozarks miles 025.526.5.
35. Lodge of the Four Seasons Memorial Day
Sponsor: Lodge of the Four Seasons.
Dates: The last Sunday in May.
36. Steamboat Sports Festival
Sponsor: Peoria Area Community Events.
Dates: Two days during the 2nd weekend in June.
Regulated Area: Illinois River miles 162.3163.7.
37. Burlington Steamboat Days
Sponsor: Burlington Steamboat Days.
Dates: The 3rd Sunday in June.
38. Winona Steamboat Days Fireworks

Sponsor: Winona Steamboat Days Festival.
Dates: The 3rd Sunday in June.
288

Continued
39. Taste of the Quad Cities
Sponsor: Taste of the Quad Cities.
Dates: The 2nd Friday in June.
Regulated Area: Upper Mississippi River mile 485.0485.5.
40. Great Rivers Towboat Festival
Sponsor: Great Rivers Towboat Festival.
Dates: Two days during the 3rd Weekend in June.
Regulated Area: Illinois River miles 0.20.5
41. Water Ski Days
Sponsor: Lake City Chamber of Commerce.
Dates: Two days during the 3rd Weekend in June.
42. Taste of Minnesota
Sponsor: Taste of Minnesota.
Dates: Five days during the last week in June and/or the first week in July.
43. Sioux City Big Parade
Sponsor: City of Sioux City.
Dates: One day during the last weekend in June.
Regulated Area: Missouri River miles 731.0733.0
44. Kansas City Riverfest
Sponsor: Friends of the River (FOR-KC), Inc.
Dates: One day during the last weekend in June or the first weekend in July.
Regulated Area: Missouri River miles 365.5370.5.
45. Bellevue Heritage Days
Sponsor: Bellevue Heritage Days.
46. Hudson Booster Days
Sponsor: Hudson Boosters.
47. Annual Dosh River Rally
Sponsor: Village of Meredosia.
Dates: One day during the 1st weekend in July.
48. Mississippi Fireworks Festival
Sponsor: Alton Exposition Commission.
Dates: Either the 3rd or 4th day of July.
49. Radio Dubuque
Sponsor: Radio Dubuque.
50. Omaha World Herald Fireworks
Sponsor: Omaha Royals.
51. RiverfestSt. Charles
Sponsor: City of St. Charles.
Dates: July 3rd & 4th.
52. Red White and Boom
Sponsor: Davenport One Chamber.
53. Fair of St. Louis
Sponsor: Fair St. Louis.
Dates: Two days between the 1st and 4th of July.
54. Louisiana July 4th Fireworks

Sponsor: Louisiana Chamber of Commerce.
Dates: July 4th.
289
100.801 33 CFR Ch. I (7110 Edition)

Continued
55. John E. Curran Fireworks
Sponsor: John E. Curran.
Regulated Area: Lake of the Ozarks mile 8.99.1.
56. Nauvoo 4th of July
Sponsor: Nauvoo Chamber of Commerce.
Dates: July 4th.
57. Red White and Boom Peoria
Sponsor: JMP Radio.
Dates: July 4th.
58. Stillwater 4th of July
Sponsor: City of Stillwater/St. Croix Events.
Dates: July 4th.
59. Minneiska 4th of July
Sponsor: City of Minneiska.
Dates: July 4th.
Regulated Area: Upper Mississippi River mile 742.5.-743.5.
60. Fort Madison 4th of July
Sponsor: City of Fort Madison.
Dates: July 4th.
61. Lake City 4th of July Fireworks
Sponsor: Lake City Chamber of Commerce.
Dates: July 4th.
62. Hermann 4th of July
Sponsor: Hermann Chamber of Commerce
Dates: July 4th.
63. Muscatine 4th of July
Sponsor: Greater Muscatine Chamber of Commerce.
Dates: July 4th.
64. National Tom Sawyer Days
Sponsor: Hannibal JayCees.
Dates: July 4th.
65. Mike Herrington Fireworks
Sponsor: Mike Herrington.
Dates: July 4th.
66. Riverfest, La Crosse
Sponsor: Riverfest, Inc.
Dates: 4 days during the 1st or 2nd week of July.
67. Salute to America
Sponsor: Salute to America Foundation, Inc.
Dates: July 4th.
68. Grafton Chamber 4th of July Fireworks
Sponsor: Grafton Chamber of Commerce.
Dates: July 4th.
69. Parkville 4th of July Fireworks
Sponsor: Main Street Parkville Assoc.
Dates: July 4th.
70. Harrahs Fireworks Extravaganza

Sponsor: Harrahs Casino and Hotel.
Dates: July 4th.
290

Continued
71. Hooligan Bay Fireworks Display
Sponsor: Hooligan Bay Resort.
Dates: July 4th.
72. Tan-Tar-A 4th of July Fireworks
Dates: July 4th.
73. Red, White and Boom Minneapolis
Sponsor: Minneapolis Park and Recreation Board.
Dates: July 4th.
74. Chillicothe 4th of July
Sponsor: Chillicothe 4th of July.
Dates: July 4th.
75. Lodge of the Four Seasons 4th of July
Dates: July 4th.
76. Gravois Mills Fireworks
Sponsor: Town of Gravois.
Dates: One day during the 1st week of July.
77. Live on the Levee
Sponsor: Fair St. Louis.
Dates: Friday and Saturday of every weekend from the 2nd week of July until the 2nd week in Au-
gust.
78. Prairie du Chien Area Chamber Fireworks
Sponsor: Prairie du Chien Area Chamber of Commerce.
Dates: One day during the 2nd weekend of July.
79. Clinton Riverboat Days
Sponsor: Clinton Riverboat Days.
Dates: Two days during the 2nd weekend of July.
80. Stars and Stripes River Day
Sponsor: Naturally Guttenberg.
Dates: One day during the 2nd weekend of July.
81. Sioux City Rivercade
Sponsor: Rivercade Association.
Dates: One day during the 3rd week in July.
82. Lumberjack Days
Sponsor: St. Croix Events.
Dates: Four days during the 3rd week in July.
83. Prairie Air Show
Sponsor: Prairie Airshow, Inc.
Dates: One day during the 2nd weekend in July.
84. Aquatennial Power Boat Grand Prix
Sponsor: Champboat Series LLC.
Dates: Two days during the 3rd weekend in July.
85. Target Aquatennial Fireworks
Sponsor: Marketing Minneapolis, LLC.
Dates: One day during the 3rd weekend in July.

86. Rivertown Days
Sponsor: Hasting Riverboat Days.
291
100.801 33 CFR Ch. I (7110 Edition)

Continued
Dates: Two days during the 3rd weekend in July.
87. Cassville Twin-o-Rama
Sponsor: Cassville Twin-O-Rama.
Dates: One day during the 3rd weekend in July.
88. Amelia Earhart Festival
Sponsor: Amelia Earhart Festival Committee.
Dates: The 3rd weekend in July.
89. River City Days
Sponsor: River City Days Association.
Dates: Two days during the 1st week in August.
90. New Piasa Chautaqua
Sponsor: New Piasa Chautaqua
Dates: One day during the 1st weekend in August.
91. Great River Tug
Sponsor: Tug Committee.
Dates: Two days during the 2nd weekend in August.
92. Evansville Day Drag Boat Race
Sponsor: St. Louis Drag Boat Association.
Regulated Area: Kaskaskia River miles 10.011.0.
93. Lansing Fish Days
Sponsor: Lansing Lions Club.
94. Lake Rescue Shoot Out
Sponsor: Lake Rescue Shoot Out INC.
Dates: Two days during the 4th weekend in August.
95. Tan-Tar-A Fireworks
Dates: One day during the 1st weekend in September.
96. Mike Herrington Labor Day Fireworks
Sponsor: Mike Herrington.
97. Lodge of the Four Seasons
98. First City Festival
Sponsor: Leavenworth Main Street Program.
Dates: Two days during the 2nd weekend in September.
99. Rodeo Cup
Sponsor: Old Fort Yacht Club.
Dates: One day during the 2nd weekend in September.
100. New Athens Drag Boat Race
Sponsor: St. Louis Drag Boat Association.
Dates: Two days during the 2nd weekend in September.
Regulated Area: Kaskaskia River miles 28.029.0.
101. Riverfest
Sponsor: Riverside Riverfest Committee.
Dates: Two days during the 3rd weekend in September.

102. Railroad Days
Sponsor: Marquette Action Club.
292

Continued
Dates: One day during the 3rd weekend in September.
103. Missouri Governors Cup
Sponsor: Valley Sailing Club.
Dates: Two days during the 1st weekend in October.
III. SECTOR LOWER MISSISSIPPI RIVER
104. Memphis in May Canoe & Kayak Race
Sponsor: Outdoors, Inc.
Date: The 1st or 2nd Saturday in May.
Regulated Area: Lower Mississippi River miles 735.5738.5, Memphis, TN.
105. Memphis in May Sunset Symphony Fireworks Display
Sponsor: Memphis in May International Festival, Inc.
Date: The Saturday before Memorial Day.
Regulated Area: Lower Mississippi River miles 735.0736.0, Memphis, TN.
106. Riverfest, Little Rock, Arkansas
Sponsor: Riverfest, Inc.
Date: The Sunday before Memorial Day.
Regulated Area: Arkansas River miles 118.8119.5, Main Street Bridge, Little Rock, AR.
107. Riverfest Fireworks Display
Sponsor: Old Fort Riverfest Committee.
Date: Either the 2nd or 3rd Saturday in June.
Regulated Area: Arkansas River miles 297.0298.0, Fort Smith, AR.
108. Fourth of July Fireworks
Sponsor: Memphis Center City Commission.
Date: July 4th.
Regulated Area: Lower Mississippi River miles 735.5736.5, Mud Island, Memphis, TN.
109. Pops on the River Fireworks Display
Sponsor: Arkansas Democrat-Gazette.
Date: July 4th.
Regulated Area: Arkansas River miles 118.8119.5 near the Main Street Bridge, Little Rock, AR.
110. Uncle Sam Jam Fireworks, Alexandria, LA
Sponsor: Champion Broadcasting of Alexandria.
Date: July 4th.
Regulated Area: Red River miles 83.087.0, Alexandria, LA.
IV. SECTOR CORPUS CHRISTI
111. Buccaneer Days Fireworks Display
Sponsor: Buccaneer Commission, Inc.
Date: The 3rd or 4th Friday in April.
Regulated Area: Downtown waterfront, all waters inside Corpus Christi Marina breakwater, Corpus
Christi Bay, TX.
112. Corpus Christi 4th of July Fireworks Display
Sponsor: Buccaneer Commission, Inc.
Date: July 4th.
Christi Bay, TX.
113. City of Port Aransas 4th of July Fireworks Display
Sponsor: City of Port Aransas.
Date: July 4th.
Regulated Area: all waters within a 600-foot radius of a point halfway between Port Aransas Harbor
Daybeacon 2 to Port Aransas Ferry Landing in the Corpus Christi Ship Channel, Port Aransas,
TX.
114. Bayfest Fireworks Display
Sponsor: Bayfest, Inc.
Date: The last Saturday in September.
Christi Bay, TX.
115. Harbor Lights
Sponsor: City of Corpus Christi.
Date: The 1st Saturday in December.
Christi Bay, TX.
116. Wendell Family Fireworks
293
100.801 33 CFR Ch. I (7110 Edition)

Continued
Sponsor: City of Rockport.
Date: July 4th.
Regulated Area: all waters within a 700-foot radius of the northeast point of Rockport Beach Park in
Rockport, TX.
V. SECTOR HOUSTON-GALVESTON
117. Port Arthur Fourth of July Fireworks Demonstration
Sponsor: The City of Port Arthur and Lamar State College.
Date: July 4th.
Regulated Area: All waters of the Sabine-Neches Canal between Intracoastal Waterway miles 284
and 285.
118. Neches River Festival and Fireworks, Beaumont, TX
Sponsor: Port Neches Chamber of Commerce.
Date: Two Days during either the 2nd or 3rd weekend in May.
Regulated Area: All waters of the Bessie Heights canal adjacent to Port Neches between the north-
ern boundary at 300000 N and the southern boundary at 295942 N.
119. Contraband Days Fireworks Display
Sponsor: Contraband Days Festivities, Inc.
Date: The 2nd Saturday in May.
Regulated Area: In Lake Charles a 500-foot radius from the fireworks barge anchored at approxi-
mate position 301305 N, 0931342 W, Lake Charles, LA.
120. Neches River 4th of July Celebration
Sponsor: City of Beaumont.
Date: July 4th.
Regulated Area: At River Front Park in Beaumont, TX, the Neches River from the Trinity Industries
Dry Dock to the northeast corner of the Port of Beaumonts dock Number 5.
121. National Safe Boating Week
Sponsor: Houston Power Squadron.
Date: The last weekend in May or the first weekend in June.
Regulated Area: Clear Creek Channel from Light 2 up to, but not including, the South Shore Harbor
Marina.
122. Sylvan Beach Fireworks Display, Sylvan Beach, Houston, TX
Sponsor: City of LaPorte.
Date: One day in the end of June or early July.
Regulated Area: An east-west oriented square extending 600 feet North, 600 feet South; 600 feet
East, and 600 feet West centered around the fireworks launch area on the bank of Galveston Bay
in the vicinity of the Sylvan Beach Bait Shop, Sylvan Beach, La Porte, TX.
123. Clear Lake Fireworks Display, Clear Lake, Houston, TX
Sponsor: Clear Lake Chamber of Commerce.
Date: July 4th.
Regulated Area: An east-west oriented rectangle extending 500 feet East, 500 feet West; 1000 feet
North, and 1000 feet South, centered around the fireworks barge at Light 19 on Clear Lake, Hous-
ton, TX.
124. Blessing of the Fleet
Sponsor: Clear Lake Elks Club.
Date: The 1st Sunday in August.
Regulated Area: Clear Creek Channel from Light 2 up to, but not including, the South Shore Harbor
Marina.
125. Galveston Harbor Lighted Boat Parade
Sponsor: Historic Downtown/Strand Partnership.
Date: The last Saturday in November.
Regulated Area: Galveston Channel from Pier 9 to the Pelican Island Bridge.
126. Christmas Boat Parade on Clear Lake
Sponsor: Clear Lake Area Chamber of Commerce.
Date: The 2nd Saturday in December.
Regulated Area: Clear Lake, Texas from South Shore Harbor Marina down Clear Lake Channel to
Clear Creek Channel Light 2.
127. Kemah Board Walk Summer Season Fireworks Display, Kemah, TX
Sponsor: Kemah Boardwalk.
Date: July 4th and every Friday night in June and July.
Regulated Area: Clear Creek Channel, including the area within an 840-foot radius of the fireworks
barge on the south side of the channel, 100 ft off of Kemah Boardwalk in Galveston, TX.
VI. SECTOR NEW ORLEANS

128. Rivertown Christmas Festival
294

Continued
Sponsor: City of Port Allen.
Date: The 3rd Saturday in December.
Regulated Area: Located on Levee Batture in the vicinity of the Old Ferry Landing, the Lower Mis-
sissippi River from mile marker 230231.
129. Donaldsonville Fireworks Display
Sponsor: Donaldsonville Tourism Commission.
Date: December 31st.
Regulated Area: Located on the Levee Batture, all waters of the Lower Mississippi River from mile
marker 175176.
130. New Orleans New Years Eve
Sponsor: Mardi Gras World, Inc.
Date: December 31st.
Regulated Area: In vicinity of Jackson Square, the Lower Mississippi River from miles 9495.
131. Lundi Gras River Parade and Fireworks Display
Sponsor: (King REX and King ZULU) New Orleans RiverWalk Marketing Group and ZULU Social
Aid and Pleasure Club.
Date: Lundi Gras (the Monday before Mardi Gras).
Regulated Area: The Lower Mississippi River from mile 93 to mile 96, New Orleans, LA.
132. Independence Day Celebration
Sponsor: Saint John the Baptist Parish.
Date: July 3rd.
Regulated Area: In vicinity of Saint Peters Church, all waters of the Lower Mississippi River miles
138.5139.5, Reserve, LA.
133. Donaldsonville Fireworks Display
Sponsor: Donaldsonville Tourism Commission.
Date: July 3rd.
Regulated Area: In the vicinity of Crescent Park, the Lower Mississippi River miles 175176,
Donaldsonville, LA.
Sponsor: Saint Charles Parish Fireworks.
Date: July 3rd.
Regulated Area: Levee Batture, in the vicinity of I310 Bridge, the Lower Mississippi River miles
121122, Luling, LA.
135. Independence Day Celebration (Dueling Barges)
Sponsor: Riverfront Marketing Group.
Date: July 4th
Regulated Area: In vicinity of Jackson Square and Spanish Plaza, the Lower Mississippi River from
miles 94.395.3.
Sponsor: WBRZTV, Baton Rouge, LA.
Date: July 4th.
Regulated Area: In the vicinity of the USS KIDD, the Lower Mississippi River from miles 228.8
229.8.
137. Fourth of July Star-Spangled Celebration
Sponsor: USS KIDD Veterans Memorial Baton Rouge, LA.
Date: July 4th.
Regulated Area: In the vicinity of 305 South River Road, the Lower Mississippi River miles 229.4
230.0, Baton Rouge, LA.
Sponsor: Boomtown Casino.
Date: July 4th.
Regulated Area: In the vicinity of Boomtown Casino, Harvey Canal miles 45.
Sponsor: City of Morgan City.
Date: July 4th.
Regulated Area: Morgan City Port Allen Route miles 45.
140. Louisiana Shrimp and Petroleum Festival
Sponsor: City of Morgan City.
Date: The 1st Sunday in September.
Regulated Area: Lower Atchafalaya River between the Berwick Bay Southern Pacific Railroad
Bridge and 1/4 mile north of the Highway 182 Bridge on the Lower Atchafalaya River.
VII. SECTOR MOBILE

141. Seromas 4th of July
295
100.801 33 CFR Ch. I (7110 Edition)

Continued
Sponsor: Seromas 4th of July.
Date: July 4th.
Regulated Area: All waters within a 200-foot radius of 302427 N/ 087227 W near Seville Harbor
in Pensacola, FL.
142. South Georgia Showdown
Sponsor: Flint River Racers.
Date: One day during the last weekend in August or the first weekend in September.
Regulated Area: The Flint River from mile 21.8 to 22.6 near Bainbridge, GA.
143. Thunder on the Gulf
Sponsor: Gulf Coast Power Boat Association.
Date: 2 Days during the 3rd weekend in August.
Regulated Area: The waters off Orange Beach, Florida enclosed by a line starting at a point on the
shore at approximately 301538 N/0873645 W, then south to 301418 N/0873645 W, then
east, roughly parallel to the shore to 301514 N/0873336 W, then north to a point on the
shore at approximately 301619 N/0873336 W, then west along the shore back to the starting
point.
144. [Reserved]
145. Christmas on the River
Sponsor: Demopolis Chamber of Commerce.
Date: The 1st Saturday in December from 6 p.m. to 8 p.m.
Regulated Area: Tombigbee River from Lock 4 to Caldwell Landing in Demopolis, AL.
146. Christmas by the River
Sponsor: Moss Point Active Citizens.
Date: The 1st Saturday in December from 5:00 p.m. to 7:30 p.m.
Regulated Area: Escataba River from the route 613 bridge east to the Moss Point City Docks.
147. Christmas on the Water
Sponsor: Biloxi Bay Chamber of Commerce.
Date: The 1st Saturday in December.
Regulated Area: Biloxi Channel from mile 5 to mile 28, Biloxi, MS.
148. Isle of Capri Anniversary Celebration
Sponsor: River Boat Corporation (Isle of Capri).
Date: August 1st from 8:45 p.m. to 10:00 p.m.
Regulated Area: All waters within 500 feet of 302332 N 0885126 W (south of the Biloxi Ocean
Springs Bridge in Biloxi, Mississippi).
149. Billy Bowlegs Pirate Festival
Sponsor: Greater Fort Walton Beach Chamber of Commerce.
Date: One day during the 1st weekend in June.
Regulated Area: In Santa Rosa Sound, the area East of the Brooks Bridge to Fort Walton Yacht
Club at Smack Point and the area west of the Brooks Bridge to St. Simons Church.
150. Dauphin Island Race
Sponsor: Fairhope, Lake Forest, Mobile, and Buccaneer Yacht Clubs.
Date: One day during the next-to-last or last weekend in April.
Regulated Area: Mobile Bay from the Middle Bay Light to Marker 37, Mobile, AL.
151. Big River Blast
Sponsor: City of Chattahoochee.
Date: One day during the 3rd weekend in April from 11:00 a.m. to 6:00 p.m.
Regulated Area: The Appalachicola River from the dam to 1/4 mile south of the dam, Chattahoo-
chee, FL.
152. Chattahoochee Challenge
Sponsor: City of Chattahoochee.
Date: One day during the last weekend in March from 11:00 a.m. to 6:00 p.m. CST.
Regulated Area: The Appalachicola River from the dam to 1/2 mile south of the dam, Chattahoo-
chee, FL.
153. Harbor Walk Fireworks Display
Sponsor: Legendary Incorporated.
Date: Memorial Day, Labor Day and every Thursday evening from May to September from 8:00 p.m.
to 8:30 p.m.
Regulated Area: In East Pass, a 560-foot safety radius around the fireworks barge and push boat,
Destin, FL.
154. Smoking the Sound
Sponsor: Biloxi Bay Chamber of Commerce.
Date: Two days between the 4th week in March and the 2nd week in April from 9:00 a.m. to 6:00
p.m. CST.
Regulated Area: Biloxi Ship Channel from buoy 2 to 35.
296

Continued
155. Christmas Afloat
Sponsor: Christmas Afloat Incorporated.
Date: Either the 2nd or 3rd Saturday in December.
Regulated Area: A portion of the Black Warrior River from the U.S. Highway 82 Bypass Bridge to
mile 340 near Tuscaloosa, Alabama.
156. Air Sea Rescue
Sponsor: Gulf Coast Shows.
Date: One day during the 3rd or 4th weekend in February.
Regulated Area: On the Mobile River the area 1/2 mile upriver and 1/2 mile down river from the Mo-
bile Convention Center.
Sponsor: St. Michaels Catholic Church.
Date: The 1st Sunday in June.
Regulated Area: The Biloxi Channel from Daybeacon #1 to Buoy #34, Biloxi, Mississippi.
Sponsor: St. Margaret Church.
Date: Either the 2nd or 3rd Sunday in May.
Regulated Area: Entire Bayou La Batre, Bayou La Batre, AL.
159. Flag Day Parade
Sponsor: Warrior River Boating Association.
Date: July 3rd.
Regulated Area: Warrior River Bankhead Lake River miles 368.4386.4, Cottondale, AL.
160. Blue Angels Air Show
Sponsor: Naval Air Station Pensacola.
Date: One day during the 2nd weekend in July.
Regulated Area: All waters south of the Pensacola barrier islands within 5 nautical miles of
301935 N/ 0870829 W, a point approximately 500 yards south of the Pensacola Beach water
tower at the foot of the Pensacola fixed bridge adjacent to Little Sabine Bay, Pensacola, FL.
161. Boat Parade of Lights
Sponsor: City of Panama City/ St. Andrews Project.
Date: The 2nd Saturday in December from 5:30 p.m. to 7:30 p.m.
Regulated Area: St. Andrews Bay from St. Andrews Bay Yacht Club to St. Andrews Bay Marina in
Pensacola, FL.
162. Mardi Gras Boat Parade
Sponsor: Gulf Shores Homeport Marina.
Date: The Monday before Mardi Gras.
Regulated Area: GIWW Pen Mobile Channel in Gulf Shores, AL from the Wharf Orange Beach, west
to Oyster Bay and then east to Homeport Marina.
Wharf
Warf
Sponsor: Panama City Marina.
Date: The last Saturday in March.
Regulated Area: In the southeast basin of Panama City Marina located at 300906 N/0853951
W, all waters between Harrison Avenue and the seawall.
164. Mobile Boat and Sportsman Show
Date: Four days over either the 3rd or 4th weekend of February.
bile Convention Center, Mobile, AL.
165. Bass Tournament Weigh-In
Date: Two days during the 3rd or 4th weekend in February.
166. Water Ski Demonstration
Date: One day during the 3rd or 4th weekend in February.
297
100.901 33 CFR Ch. I (7110 Edition)
[CGD0894019, 60 FR 10314, Feb. 24, 1995, as Patrol Commander. Failure to do so
amended by CGD 0898018, 63 FR 70654, Dec. may result in expulsion from the area,
22, 1998; CGD 0899066, 65 FR 46597, July 31,
2000; CGD0801012, 67 FR 8195, Feb. 22, 2002;
citation for failure to comply, or both.
USCG200625556, 72 FR 36327, July 2, 2007; (c) The Patrol Commander may es-
USCG20080386, 74 FR 22675, May 14, 2009] tablish vessel size and speed limita-
tions and operating conditions.
100.901 Great Lakes annual marine (d) The Patrol Commander may re-
events.
strict vessel operation within the re-
Permanent special local regulations gatta area to vessels having particular
are hereby established for the marine operating characteristics.
events listed in Table 1. These regula- (e) The Patrol Commander may ter-
tions will be effective annually, for the minate the marine event or the oper-
duration of each event, on or about the
ation of any vessel at any time it is
dates indicated in Table 1. Annual no-
tice of the exact dates and times of the deemed necessary for the protection of
effective period of the regulations with life and property.
respect to each event, the geographical (f) Patrol Commander means a Coast
description of each regulated area, and Guard commissioned, warrant, or petty
details concerning the nature of the officer who has been designated by the
event and the number of participants Captain of the Port to monitor a re-
and type(s) of vessels involved will be gatta area, permit entry into the re-
published in local notices to mariners. gatta area, give legally enforceable or-
To be placed on the mailing list for ders to persons or vessels within the re-
such notices, contact: Com- gatta area, and take other actions au-
mander(oan), Ninth Coast Guard Dis- thorized by the Captain of the Port.
trict, 1240 E. Ninth St., Cleveland, OH
441992060. Sponsors of events listed in TABLE 1
Table 1 must still submit an application
each year in accordance with 33 CFR Group Buffalo, NY:
100.15.
(a) The Coast Guard will patrol the Fireworks by Grucci
regatta area under the direction of a Sponsor: New York Power Authority.
designated Coast Guard Patrol Com-
Date: Last weekend of July.
mander. The Patrol Commander may
be contacted on Channel 16 (156.8 MHZ) Location: Lake Ontario, Wrights
by the call sign Coast Guard Patrol Landing/Oswego Harbor, NY within an
Commander. Vessels desiring to tran- 800 foot radius of the fireworks launch-
sit the regulated area may do so only ing platform located in approximate
with prior approval of the Patrol Com- position 432810 N 0763104 W.
mander and when so directed by that
officer. Vessels will be operated at a no Flagship International Kilo Speed
wake speed to reduce the wake to a Challenge
minimum, and in a manner which will Sponsor: Presque Isle Powerboat
not endanger participants in the event Racing Association.
or any other craft. The rules contained
Date: 3rd or 4th weekend of June.
in the above two sentences shall not
Location: That portion of Lake Erie,
apply to participants in the event or
vessels of the patrol operating in the Presque Isle Bay, south of a line drawn
performance of their assigned duties. from 420854 N 0800542 W; to 4207 N
(b) The Patrol Commander may di- 08021 W will be a regulated area. That
rect the anchoring, mooring, or move- portion of Lake Erie, Presque Isle bay,
ment of any boat or vessel within the north of a line drawn from 420854 N
regatta area. A succession of sharp, 0800542 W; to 4207 N 08021 W will be
short signals by whistle or horn from a caution area. All vessels transiting
vessels patrolling the area under the the caution area will be operated at
direction of the U.S. Coast Guard Pa- bare steerageway, keeping the vessels
wake at a minimum, and will exercise
trol Commander shall serve as a signal

to stop. Vessels so signaled shall stop a high degree of caution in the area.
and shall comply with the orders of the The bay entrance will not be effected.
298
Flagship International Offshore Location: That portion of Lake Erie,

Challenge Presque Isle Bay
Entrance Channel and Presque Isle
Sponsor: Presque Isle Powerboat
Bay from:
Racing Association.
Date: 3rd or 4th weekend of June. Latitude Longitude
Location: That portion of Lake Erie,
4210 N .................. 08003 W, thence to
Presque Isle Bay, Entrance Channel, 4208.1 N ............... 08007 W, thence to
and the enclosed area from Erie Harbor 4207.9 N ............... 08006.8 W, thence
Pier Head Light (LLNR 3430) northeast east along the shoreline and structures to:
to 421248 N 0795724 W, thence south 4209.2 N ............... 08002.6 W, thence to
4210 N .................. 08003 W.
to shore just east of Shades Beach.
Friendship Festival Airshow Thomas Graves Memorial Fireworks

Sponsor: Friendship Festival Display
Date: 4th of July holiday. Sponsor: Port Bay Improvement As-
Location: That portion of the Niag- sociation.
ara River and Buffalo. Date: 1st or 2nd weekend of July.
Harbor from: Location: That portion of Lake On-
Latitude Longitude tario, Port Bay Harbor, NY within a 500
ft radius surrounding a barge anchored
4254.4 N ............... 07854.1 W, thence to in approximate position 431746 N
4254.4 N ............... 07854.4 W, thence
along the International Border to
0765002 W.
4252.9 N ............... 07854.9 W, thence to
4252.5 N ............... 07854.3 W, thence to Thunder Island Offshore Challenge
4252.7 N ............... 07853.9 W, thence to
4252.8 N ............... 07853.8 W, thence to Sponsor: Thunder on the Water Inc.
4253.1 N ............... 07853.6 W, thence to Date: 3rd or 4th weekend of June.
4253.2 N ............... 07853.6 W, thence to
4253.3 N ............... 07853.7 W, thence Location: That portion of Lake On-
along the breakwall to tario, Oswego Harbor from the West
4254.4 N ............... 07854.1 W. Pier Head Light (LLNR 2080) north to:
Latitude Longitude
NFBRA Red Dog Kilo Time Trials
432902 N ............ 0763204 W, thence to
Sponsor: Niagara Frontier Boat Rac- 432618 N ............ 0763930 W, thence to
ing Association. 432455 N ............ 0763745 W, thence
Date: 4th or 5th weekend of Sep- along the shoreline to the West Pier Head Light (LLNR 2080).
tember. ..............................
Location: That portion of the Niag-
ara River, Tonawanda Channel, be- We Love Erie Days Fireworks
tween Tonawanda Channel Buoy 31 to
Sponsor: We Love Erie Days Festival,
approximately 12 mile southwest of
Inc.
Twomile Creek along a line drawn from
430045 N 0785506 W to 430028 N Date: 3rd weekend of August.
0785456 W (Sipco Oil Company). Location: That portion of Lake Erie,
Erie Harbor, within a 300 foot radius,
Sodus Bay 4th of July Fireworks surrounding the Erie Sand and Gravel
Pier, located in position 420816 N
Sponsor: Sodus Bay Historical Soci- 0800540 W.
ety.
Date: 4th of July holiday. Sector Sault Ste. Marie, MI:
Location: Lake Ontario, within a 500
foot radius around a barge anchored in Bridgefest Regatta
approximate position 4315.73 N
Sponsor: Bridgefest Committee.
07658.23 W, in Sodus Bay.
Date: 2nd weekend of June.
Tallship Erie Location: Keweenaw Waterway, from
the Houghton Hancock Lift Bridge to
Sponsor: Erie Maritime Programs,
1000 yards west of the bridge, near

Inc. Houghton, MI.
Date: 1st or 2nd weekend of July.
299
100.902 33 CFR Ch. I (7110 Edition)
Duluth Fourth Fest Fireworks permission of the Coast Guard Patrol

Commander.
Sponsor: Office of the Mayor, Duluth, (c) Effective Date. These regulations
MN. are effective annually on the third Sat-
Date: 4th of July weekend. urday of June, from 7 a.m. until 7 p.m.
Location: That portion of the Duluth
Harbor Basin Northern Section bound- [USCG200727373, 72 FR 54834, Sept. 27, 2007]
ed on the south by a line drawn on a 100.904 Celebrate Americafest, Green
bearing of 087 true from the Cargill Bay, WI.
Pier through Duluth Basin Lighted
Buoy #5 (LLNR 15905) to the opposite (a) Regulated Area. A regulated area
shore on the north by the Duluth Aer- is established to include all waters of
ial Bridge. That portion of Duluth Har- the Fox River located between the
bor Basin Northern Section within 600 Main Street Bridge at position 443106
yards of position 464647 N 0920610 W. N, 088056 W and the Walnut Street
Bridge at position 443025 N, 0880106
July 4th Fireworks W. (DATUM: NAD 83).
(b) Special Local Regulations. The
Sponsor: City of Sault Ste Marie, MI. regulations of 100.901 apply. No vessel
Date: 4th of July weekend. may enter, transit through, or anchor
Location: That portion of the St. within the regulated area without the
Marys River, Sault Ste. Marie, MI permission of the Coast Guard Patrol
within a 1000 foot radius of Brady Park, Commander.
located on the south shore of the river. (c) Effective Date. These regulations
These waters are enclosed by the Locks are effective annually on the first
to the west and to the east from a line weekend of July; 2 p.m. to 5 p.m.
drawn from the pier light of the east [USCG200727373, 72 FR 54834, Sept. 27, 2007]
center pier to the U.S. Coast Guard
Base to the southeast. 100.905 Door County Triathlon; Door
County, WI.
[CGD 098801, 54 FR 29547, July 13, 1989, as
amended by CGD 0993025, 58 FR 40738, July (a) Regulated Area. A regulated area
30, 1993; CGD 0995029, 61 FR 5681, Feb. 14, is established to include all waters of
1996; USCG20007223, 65 FR 40056, June 29, Green Bay within a 2000-yard radius
2000; USCG20019286, 66 FR 33640, June 25, from the northwestern point of Horse-
2001; USCG200625556, 72 FR 36328, July 2,
shoe Point near Frank E. Murphy
2007; USCG200727373, 72 FR 54834, Sept. 27,
2007; USCG20080220, 73 FR 41263, July 18, County Park in position 450046 N,
2008] 0872030 W. (DATUM: NAD 83).
100.902 [Reserved] regulations of 100.901 apply. No vessel
may enter, transit through, or anchor
100.903 Harborfest Dragon Boat within the regulated area without the
Race; South Haven, MI. permission of the Coast Guard Patrol
(a) Regulated Area. A regulated area Commander.
is established to include all waters of (c) Effective Date. These regulations
the Black River from approximately are effective July 22, 2007, July 26 and
250 yards upriver to 200 yards 27, 2008, July 25 and 26, 2009, July 24 and
downriver of the entrance to the South 25, 2010, July 23 and 24, 2011; from 7 a.m.
Haven Municipal Marina within the to 10 a.m.
following coordinates starting at [USCG200727373, 72 FR 54834, Sept. 27, 2007]
422413.6 N, 0861641 W; then south-
east 422412.6 N, 0861640 W; then 100.906 Grand Haven Coast Guard
northeast to 422419.2 N, 0861626.5 W; Festival Waterski Show, Grand
then northwest to 422420.22 N, Haven, MI.
0861627.4 W; then back to point of ori- (a) Regulated Area. All waters of the
gin. (DATUM: NAD 83). Grand River at Waterfront Stadium
(b) Special Local Regulations. The from approximately 350 yards upriver
regulations of 100.901 apply. No vessel to 150 yards downriver of Grand River

may enter, transit through, or anchor Lighted Buoy 3A (Lightlist number
within the regulated area without the 19000) within the following coordinates:
300
4304 N, 0861412 W; then east to 100.909 Chinatown Chamber of Com-

430356 N, 086144 W; then south to merce Dragon Boat Race; Chicago,
430345 N, 0861410 W; then west to IL.
430348 N, 0861417 W; then back to (a) Regulated Area. All waters of the
the point of origin. (DATUM: NAD 83). South Branch of the Chicago River
(b) Special Local Regulations. The from the 18th Street Bridge at position
regulations of 100.901 apply. No vessel 415128 N, 0873806 W to the Amtrak
may enter, transit through, or anchor Bridge at position 415120 N, 0873813
within the regulated area without the W. (DATUM: NAD 83).
permission of the Coast Guard Patrol (b) Special Local Regulations. The
Commander. regulations of 100.901 apply. No vessel
(c) Effective Date. These regulations may enter, transit through, or anchor
are effective annually the Tuesday be- within the regulated area without the
fore the first Saturday in August; 7 permission of the Coast Guard Patrol
p.m. to 9 p.m. Commander.
(c) Effective Date. These regulations
[USCG200727373, 72 FR 54834, Sept. 27, 2007,
as amended by USCG20090416, 74 FR 27438, are effective annually on the third Fri-
June 10, 2009] day of July from 11:30 a.m. to 5 p.m.
and on the third Saturday of July from
100.907 Milwaukee River Challenge; 9 a.m. to 5 p.m.
Milwaukee, WI. [USCG200727373, 72 FR 54835, Sept. 27, 2007]
(a) Regulated Area. All waters of the
Milwaukee River from the junction 100.910 Southland Regatta; Blue Is-
with the Menomonee River at position land, IL.
430155 N, 0875440 W to the Humboldt (a) Regulated Area. A regulated area
Avenue Bridge at position 430325 N, is established to include all waters of
0875353 W. (DATUM: NAD 83). the Calumet Sag Channel from the
(b) Special Local Regulations. The South Halstead Street Bridge at
regulations of 100.901 apply. No vessel 413927 N, 0873829 W; to the Crawford
may enter, transit through, or anchor Avenue Bridge at 413905 N, 0874308
within the regulated area without the W; and the Little Calumet River from
permission of the Coast Guard Patrol the Ashland Avenue Bridge at 413907
Commander. N, 0873938 W; to the junction of the
(c) Effective Date. These regulations Calumet Sag Channel. (DATUM: NAD
are effective annually on the third or 83).
fourth Saturday of September; from 9 (b) Special Local Regulations. The reg-
a.m. to 5 p.m. A Local Notice to Mari- ulations of 100.901 apply. No vessel
ners will be published and a Broadcast may enter, transit through, or anchor
Notice to Mariners will announce within the regulated area without the
which date is being enforced. permission of the Coast Guard Patrol
Commander.
[USCG200727373, 72 FR 54834, Sept. 27, 2007] (c) Enforcement Period. This section
will be enforced annually on the Satur-
100.908 Charlevoix Venetian Night
Boat Parade; Charlevoix, MI. day immediately prior to the first Sun-
day of November, from 3 p.m. until 5
(a) Regulated Area. All waters of p.m. and the first Sunday of November,
Round Lake, Charlevoix, MI. from 9 a.m. until 5 p.m.
[USCG20080031, 73 FR 39235, July 9, 2008]
regulations of 100.901 apply. No vessel
may enter, transit through, or anchor 100.911 Bay City Airshow, Bay City,
within the regulated area without the MI.
permission of the Coast Guard Patrol
Commander. (a) Regulated Area. A regulated area
is established to include all waters of
(c) Effective Date. These regulations
the Saginaw River bound on the south
are effective annually on the fourth
by a line extending from a point of land
Saturday of July; from 9 p.m. to 11
on the western shore at position 4332.2

p.m.
N; 08353.3 W, east to a point of land on
[USCG200727373, 72 FR 54834, Sept. 27, 2007] the eastern shore located at position
301
100.912 33 CFR Ch. I (7110 Edition)
4332.2 N; 08353.2 W, and bounded on Algonac, Michigan, bounded by a

the north by a line extending from a north/south line beginning at a point of
point of land on the western shore at land adjacent to Allen Boats, Algonac,
position 4333.4 N; 08354.5 W, east to a MI (position 423705 N, 0823334 W) ex-
point of land on the eastern shore lo- tending to a point of land on Harsens
cated at position 4333.4 N; 08354.3 W. Island (position 423649 N, 0823334 W)
(NAD 83). This area is south of Middle extending east along the shoreline of
Ground Island near Clements Munic- Harsens Island to north/south line be-
ipal Airport. ginning at position 423716 N, 0823111
(b) Special Local Regulations. The reg- W (approx. 500 ft west of the Russell Is-
ulations of 100.901 apply. No vessel land buoy) extending north to a point
may enter, transit through, or anchor at position 423728 N, 0823111 W
within the regulated area without the (approx. 300 ft offshore from the Rus-
permission of the Coast Guard Patrol sell Boat Club), then west along the
Commander. shoreline of Algonac, MI stopping at
(c) Enforcement Period: Two days dur- the point of origin. (NAD 83).
ing the second week in August. The (b) Special Local Regulations. The reg-
exact dates and times for this event ulations of 100.901 apply. No vessel
will be determined annually. may enter, transit through, or anchor
[USCG20080220, 73 FR 41263, July 18, 2008]
within the regulated area without the
100.912 Detroit Bell Isle Grand Prix, Commander.
Detroit, MI. (c) Enforcement Period: The first
(a) Regulated Area. A regulated area weekend in August. The exact dates
is established to include all waters of and times for this event will be deter-
the Detroit River near Belle Isle, mined annually.
bounded by a line extending from a [USCG20080220, 73 FR 41263, July 18, 2008]
point of land on the southern shore of
Belle Isle located at position 422000 100.914 Trenton Rotary Roar on the
N; 0825945 W, to 50 yards offshore at River, Trenton, MI.
position 421957; 08259 43, and con- (a) Regulated Area. A regulated area
tinuing at a distance of 50 yards around is established to include all waters of
the western end of Belle Isle to the the Detroit River, Trenton, Michigan,
Belle Isle Bridge, maintaining a con- bounded by an east/west line beginning
stant distance of 50 yards from the at a point of land at the northern end
shoreline and terminating at position of Elizabeth Park in Trenton, MI, lo-
422028; 0825943 on the northern side cated at position 428.2 N; 08310.6 W,
of Belle Isle, adjacent to a point on extending east to a point near the cen-
land at position 422024 N; 0825948 W ter of the Trenton Channel located at
(NAD 83). This area wraps around the position 428.2 N; 08310.4 W, extending
downstream end of Belle Isle. south along a north/south line to a
(b) Special Local Regulations. The reg- point at the Grosse Ile Parkway Bridge
ulations of 100.901 apply. No vessel located at position 427.7 N; 08310.5 W,
may enter, transit through, or anchor extending west along a line bordering
within the regulated area without the the Grosse Ile Parkway Bridge to a
permission of the Coast Guard Patrol point on land located at position 427.7
Commander. N; 08310.7 W, and along the shoreline
(c) Enforcement Period: The last week- to the point of origin. (NAD 83). This
end in August. The exact dates and area is in the Trenton Channel between
times for this event will be determined Trenton and Grosse Isle, MI.
annually. (b) Special Local Regulations. The reg-
[USCG20080220, 73 FR 41263, July 18, 2008] ulations of 100.901 apply. No vessel
100.913 ACORA Garwood Classic Off- within the regulated area without the
shore Race, Algonac, MI. permission of the Coast Guard Patrol
Commander.
(a) Regulated Area. A regulated area

is established to include all waters of (c) Enforcement Period: The third
St. Clair Rivers North Channel, week in July. The exact dates and
302
times for this event will be determined Lake St. Clair in an area bound by the
annually. coordinates starting at the cannon fir-
[USCG20080220, 73 FR 41263, July 18, 2008]
ing position located at 4232.5 N;
08240.1 W extending west to the Old
100.915 St. Clair River Classic Off- Channel Light located at position
shore Race, St. Clair, MI. 4232.5 N; 08241.6 W angling northeast
(a) Regulated Area. A regulated area to position 4233.5 N; 08240.6 W then
is established to include all waters of angling southeast to the point of origin
the St. Clair River, St. Clair, Michigan, creating a triangle shaped safety zone.
bounded by latitude 425200 N to the (NAD 83). This area is near the south-
north; latitude 424900 N to the south; ern end of Harsens Island in
the shoreline of the St. Clair River on Muscamoot Bay.
the west; and the international bound- (b) Special Local Regulations. The reg-
ary line on the east (NAD 83). ulations of 100.901 apply. No vessel
(b) Special Local Regulations. The reg- may enter, transit through, or anchor
ulations of 100.901 apply. No vessel within the regulated area without the
may enter, transit through, or anchor permission of the Coast Guard Patrol
within the regulated area without the Commander.
permission of the Coast Guard Patrol (c) Enforcement Period: The third
Commander. week in October. The exact dates and
(c) Enforcement Period: The last week times for this event will be determined
in July. The exact dates and times for annually.
this event will be determined annually. [USCG20080220, 73 FR 41264, July 18, 2008]
[USCG20080220, 73 FR 41264, July 18, 2008]
100.918 Detroit APBA Gold Cup, De-
100.916 Chris Craft Silver Cup Races, troit, MI.
Algonac, MI. (a) Regulated Area. A regulated area
(a) Regulated Area. A regulated area is established to include all waters of
is established to include all waters of the Detroit River, Belle Isle, Michigan,
the St. Clair River, North Channel, bound on the west by the Belle Isle
Algonac, Michigan, bounded on the Bridge (position 422020 N, 0830000 W
north by a line starting at the northern to 422024 N, 0835945 W), and on the
end of Russel Island at position 4237.0 east by a north-south line drawn
N; 08231.4 W extending across the through Waterworks Intake Crib Light
channel to Algonac to a point at posi- (Light List Number 8350; position
tion 4237.4 N; 08231.5 W, and bounded 422106 N, 0825800 W) (NAD 83).
on the south by a line starting north of (b) Special Local Regulations. The reg-
Grande Point Cut on Russel Island at ulations of 100.901 apply. No vessel
position 4236.3 N; 08232.5 W extending may enter, transit through, or anchor
across the channel to Algonac to a within the regulated area without the
point at position 4236.5 N; 08232.6 W. permission of the Coast Guard Patrol
(NAD 83). Commander.
(b) Special Local Regulations. The reg- (c) Enforcement Period: The first or
ulations of 100.901 apply. No vessel second week in June. The exact dates
may enter, transit through, or anchor and times for this event will be deter-
within the regulated area without the mined annually.
permission of the Coast Guard Patrol [USCG20080220, 73 FR 41264, July 18, 2008]
Commander.
(c) Enforcement Period: The third 100.919 International Bay City River
week in August. The exact dates and Roar, Bay City, MI.
times for this event will be determined (a) Regulated Area. A regulated area
annually. is established to include all waters of
[USCG20080220, 73 FR 41264, July 18, 2008] the Saginaw River bounded on the
north by the Liberty Bridge, located at
100.917 The Old Club Cannonade, 4336.3 N, 08353.4 W, and bounded on
Harsens Island, MI.
the south by the Veterans Memorial

(a) Regulated Area. A regulated area Bridge, located at 4335.8 N, 08353.6 W.
is established to include all waters of (NAD 83).
303
100.920 33 CFR Ch. I (7110 Edition)
(b) Special Local Regulations. The reg- (Pow), Eleventh Coast Guard District,
ulations of 100.901 apply. No vessel Coast Guard Island, Building 506, Ala-
may enter, transit through, or anchor meda, CA 945015100.
within the regulated area without the (b) Special local regulations. All per-
permission of the Coast Guard Patrol sons and/or vessels not registered with
Commander. the sponsor as participants or official
(c) Enforcement Period: The third or patrol vessels are considered spec-
fourth week in June. The exact dates tators. The official patrol consists of
and times for this event will be deter- any Coast Guard, public, state or local
mined annually. law enforcement and/or sponsor pro-
vided vessels assigned and/or approved,
[USCG20080220, 73 FR 41264, July 18, 2008]
by Commander, Eleventh Coast Guard
100.920 Tug Across the River, De- District to patrol each event.
troit, MI. (1) No spectators shall anchor, block,
loiter in, or impede the through transit
(a) Regulated Area. A regulated area
of participants or official patrol vessels
is established to include all waters of
in the regulated area during the effec-
the Detroit River, Detroit, Michigan,
tive dates and times, unless cleared for
bounded on the south by the Inter-
such entry by or through an official pa-
national boundary, on the west by
trol vessel.
08303 W, on the east by 08302 W, and
(2) When hailed and/or signaled by an
on the north by the U.S. shoreline
official patrol vessel, a spectator shall
(DATUM: NAD 83). This position is lo-
come to an immediate stop. Vessels
cated on the Detroit River in front of
shall comply with all directions given,
Hart Plaza, Detroit, MI.
failure to do so may result in a cita-
(b) Special Local Regulations. The reg-
tion.
ulations of 100.901 apply. No vessel
(3) The Patrol Commander is empow-
ered to forbid and control the move-
within the regulated area without the
ment of all vessels in the regulated
area. The Patrol Commander shall be
Commander.
designated by the Commander, Elev-
(c) Enforcement Period: The third or enth Coast Guard District, and as his
fourth week in June. The exact dates or her representative may terminate
and times for this event will be deter- the event at any time it is deemed nec-
mined annually. essary for the protection of life and
(d) Vessel operators desiring to enter property. He or she may be reached on
or operate within the regulated area VHF Channel 16 (156.8 MHz) when re-
shall contact the Coast Guard Patrol quired, by the call sign PATCOM.
Commander to obtain permission to do
so. Vessel operators given permission TABLE 1
to enter or operate in the regulated
area must comply with all directions Del Rey to Puerto Vallarta Race
given to them by the Coast Guard Pa- Sponsor: Del Rey Yacht Club
Date: February
trol Commander. Location: Santa Monica Bay, that portion
[USCG20080220, 73 FR 41264, July 18, 2008] bounded by the following coordinates:
Lat 33 degrees 5623 N, Long 118 degrees
100.1101 Southern California annual 2820 W, Lat 33 degrees 5623 N, Long 118
marine events. degrees 2855 W, Lat 33 degrees 5655 N,
Long 118 degrees 2855 W, Lat 33 degrees
(a) Special local regulations will be 5655 N, Long 118 degrees 2820 W. This
established for the events listed in area is for the start of the race only.
Table 1. Further information on exact San Diego Crew Classic
dates, times, details concerning the Sponsor: San Diego Crew Classic
number and type of participants and an Date: April
exact geographical description of the Location: Mission Bay, that portion bound-
ed by Enchanted Cove, Fiesta Island, Pa-
areas are published by the Eleventh
cific Passage and DeAnza Point.
Coast Guard District in the Local No- Newport to Ensenada Race
tice to Mariners at least 20 days prior Sponsor: Newport Ocean Sailing Associa-
to each event. To be placed on the tion
mailing list contact: Commander Date: Late April
304
Location: That portion of the Pacific Location: Fiesta Bay, Mission Bay, that
Ocean off Newport, bounded by the fol- portion bounded by the following coordi-
lowing coordinates; Lat 33 degrees 35.3 nates: starting at Lat 32 degrees 4732 N,
N, Long 117 degrees 53.3 W; Lat 33 de- Long 117 degrees 1300 W, thence due
grees 34.9 N, Long 117 degrees 53.3 W; west to Long 117 degrees 13.25 W, thence
Lat 33 degrees 34.9 N, Long 117 degrees along the eastern shoreline of Crown
54.5 W; Lat 33 degrees 35.3 N, Long 117 Point to the Vacation Isle Bridge, thence
degrees 54.5 W. This area is for the start south along the bridge to Vacation Isle,
of the race only. thence along the eastern shoreline of Va-
California Cup cation Isle to Lat 32 degrees 4618 N,
Sponsor: California Yacht Club Long 117 degrees 1401 W, thence south-
Date: Late May (4 day event) easterly to Lat 32 degrees 4614 N, Long
Location: Santa Monica Bay, that portion 117 degrees 1343 W, thence along the
bounded by the following coordinates; western shoreline of Fiesta Island to Lat
Lat 34 degrees 01.4 N, Long 118 degrees 32 degrees 4720 N, Long 117 degrees 1300
31.8 W; Lat 33 degrees 59.7 N, Long 118 W, thence due north to the starting
degrees 37.9 W; Lat 33 degrees 59.2 N, point.
Long 118 degrees 37.7 W; Lat 33 degrees Head of Harbor Regatta
59.5 N, Long 118 degrees 33.4 W; Lat 33 Sponsor: University of Southern Cali-
degrees 57.0 N, Long 118 degrees 30.9 W; fornia, Department of Intercollegiate
Lat 33 degrees 57.2 N, Long 118 degrees Athletics
30.1 W.
Date: November
Coronado 4th of July Demonstration, Fire-
Location: Los Angeles Harbor, that portion
works and Rehearsals
Sponsor: Citizens Committee Coronado 4th between Berth 191 and the Ford/Heim
of July Bridges.
Date: 4 July (& 3 days of rehearsals prior Symphony of Lights Boat Parade
to) Sponsor: Huntington Harbor Philharmonic
Location: Glorietta Bay, Coronado, the fol- Society
lowing portions: (1) Demonstration Date: Early weekend in December
Areafrom the tip of the marina, Lat 32 Location: Entire Huntington Harbor Area
degrees 4043.5 N, Long 117 degrees Long Beach Festival of 1000 Lights
1020.5 W; northeast to Lat 32 degrees Sponsor: Shoreline Village Administration
4048.5 N, Long 117 degrees 1010.5 W; Date: Early December
east along the shoreline to Lat 32 degrees Location: Long Beach Harbor, that portion
4043.5 N, Long 117 degrees 1000 W; east bounded by Shoreline Downtown Marina,
to Lat 32 degrees 4046 N, Long 117 de- the Queens Way Bridge and the Queen
grees 0958 W; south to Lat 32 degrees Mary;
4041 N, Long 117 degrees 0956.5 W; east Marina Del Rey Christmas Boat Parade
to Lat 32 degrees 4041 N, Long 117 de- Sponsor: Pioneer Skippers Boat Owners
grees 0949 W; northeast to Lat 32 de- Association
grees 4054 N, Long 117 degrees 0930 W Date: Early December
(Navy Restricted Area); thence south- Location: Marina del Rey Harbor, Main
west along shoreline to the initial point. and entrance channels
(2) Fireworks Display Areafrom Lat 32 Los Angeles Christmas Afloat Parade
degrees 4041 N, Long 117 degrees 0956.5 Sponsor: Los Angles Harbor Department
W; south to Lat 32 degrees 4033 N, Long Date: Early December
117 degrees 0956.5 W; northeast to Lat 32 Location: Los Angeles Harbor, that portion
degrees 4041 N, Long 117 degrees 0949 between the Vincent Thomas Bridge and
W; thence west to the initial point. Reservation Point.
Los Angeles to Honolulu Yacht Race
Newport Harbor Christmas Boat Parade of
(Transpac)
Lights
Sponsor: Transpacific Yacht Club
Date: 4 July (biennially) Sponsor: Newport Harbor Area Chamber of
Location: San Pedro Channel, that portion Commerce
between Point Fermin and Portugese Date: Week prior to Christmas (7 day
Bend bounded between the following co- event)
ordinates: Lat 33 degrees, 42.6N; Long 118 Location: Entire Newport Harbor Area
degrees, 19.5W; Lat 33 degrees, 41.7N; Mission Bay Parade of Lights
Long 118 degrees, 19.5W; Lat 33 degrees, Sponsor: Mission Bay Yacht Club
41.7N; Long 118 degrees, 21.2W; Lat 33 de- Date: Late December
grees, 43.3N; Long 118 degrees, 21.2W. Location: Mission Bay, the Main Entrance
This area is for the start of the race only. Channel, Sail Bay and Fiesta Bay.
Thunderboat Regatta San Diego Christmas Boat Parade of Lights
Sponsor: Thunderboats Unlimited of San Sponsor: Greater Shelter Island Associa-

Diego tion
Date: Late September (4 day event) Date: Late December
305
100.1102 33 CFR Ch. I (7110 Edition)
Location: San Diego Harbor, the northern Guard District, Coast Guard Island,
portion of the main channel from Sea- Building 506, Alameda, CA 945015100.
port Village to the Shelter Island Yacht (c) Special local regulations. All per-
Basin.
City Of Long Beach 4th Of July Fireworks
sons and/or vessels not registered with
Sponsor: City of Long Beach the sponsor as participants or official
Date: 4 July patrol vessels are considered spec-
Location: A 500 foot radius around a barge tators. The official patrol consists of
located between Belmont Pier and Oil Is- any Coast Guard, public, state, local
land White, Long Beach Harbor, CA. law enforcement, and/or sponsor pro-
International Catalina Ski Race vided vessels assigned and/or approved
Sponsor: Long Beach Boat & Ski Club
by Commander, Eleventh Coast Guard
Date: Second Sunday in August
Location: From the Queen Mary at Long District, to patrol each event.
Beach, CA to Avalon Harbor, Catalina Is- (1) No spectators shall anchor, block,
land and return. Regulated Area: A 1,000 loiter in, or impede the through transit
yard corridor from Queens Gate (Long of participants or official patrol vessels
Beach Harbor entrance), directly north in the regulated area during the effec-
to the Long Beach Downtown Marina tive dates and times unless cleared for
breakwall. such entry by or through an official pa-
US National Waterski Racing Championship
trol vessel.
Sponsor: U.S. National Waterski Racing
Association (2) When hailed and/or signaled by an
Date: First Friday of October every year, official patrol vessel, a spectator shall
lasting a total of 3 days (including the come to an immediate stop. Vessels
first Friday of October). shall comply with all directions given.
Location: Mission Bay, San Diego, Cali- Failure to do so may result in a cita-
fornia, from Government Island south to tion.
Ski Beach. (3) The Patrol Commander is empow-
[CGD11 8601, 51 FR 17184, May 9, 1986, as ered to forbid and control the move-
amended by CGD11 8601, 51 FR 22806, June ment of all vessels in the regulated
23, 1986; CGD1197008; 63 FR 16688, Apr. 6, area. The Patrol Commander shall be
1998; USCG200315404, 68 FR 37740, June 25, designated by the Commander, Elev-
2003] enth Coast Guard District. As the Com-
100.1102 Marine Events on the Colo- manders representative, the Patrol
rado River, between Davis Dam Commander may terminate the event
(Bullhead City, Arizona) and at any time it is deemed necessary for
Headgate Dam (Parker, Arizona). the protection of life and property. The
Patrol Commander may be reached on
(a) General. Sponsors are informed
VHF Channel 16 (156.8 MHz) when re-
that ample lead time is required to in-
quired, by the call sign PATCOM.
form all Federal, state, local agencies
and/or other interested parties and to TABLE 1
provide the sponsor the best support to
National Jet Boat Association Regatta
ensure the safety of life and property.
A Coast Guard-National Park Service Sponsor: National Jet Boat Association
agreement exists for both the Glen Date: 3 weekend events between February
Canyon and Lake Mead National Rec- and June; 3 weekend events between Sep-
tember and December
reational Areas; applicants shall con- Where: that portion of Lake Moovalya,
tact the cognizant authority for ap- Parker, Arizona between Headgate Dam
proval of events in these areas. and 1.5 miles north.
(b) The following Special Local Regu-
lations will be issued for the events Parker Enduro
listed in Table 1. Further information Sponsor: Parker Area Chamber of Commerce
on exact dates, times, and details con- Date: Early weekend in March
cerning number and type of partici- Where: that portion of Lake Moovalya,
pants and an exact geographical de- Parker, Arizona between river miles 179
and 185 (between the Roadrunner Resort
scription of the areas will be published and Headgate Dam).
by the Eleventh Coast Guard District
in the Local Notice to Mariners at Bullhead City Boat Drags
least 20 days prior to each event. To be Sponsor: Sunshine Promotions

placed on the mailing list, contact: Date: 2 to 4 weekend events between March
Commander (pow), Eleventh Coast and October
306
Where: that portion of the Colorado River yards, thence due west approximately 2400
starting from the entrance of Riviera Ma- yards, thence back to the starting point.
rina, Riviera, Arizona to 2200 feet north.
Parker International Waterski Marathon
Laughlin Classic
Sponsor: Parker International Waterski As-
Sponsor: Laughlin Chamber of Commerce sociation.
Date: Weekend in May or June Dates: Annually, commencing on the second
Where: that portion of the Colorado River at full weekend of March every year, and last-
Laughlin, Nevada, from the Pioneer Hotel ing a total of 2 days, from 8 a.m. (PST)
to the Edgewater Hotel. until 5 p.m. (PST) each day.
Location: The entire water area of the Colo-
Laughlin Aquamoto Sports Challenge and Expo rado River beginning at Bluewater Marina
Sponsor: Baja Promotions in Parker, AZ, and extending approxi-
mately 10 miles to La Paz County Park.
Dates: The last Thursday of May every year,
lasting a total of 4 days, ending on Sunday, [CGD11 861102, 51 FR 28706, Aug. 11, 1986, as
per the following schedule: 1.) the first day amended by CGD1197004, 63 FR 3037, Jan.
of the event, the last Thursday of May 21, 1998; USCG19983799, 63 FR 35526, June 30,
each year, from 3 p.m. PDT to 5 p.m. PDT, 1998; CGD1198001, 63 FR 37491, July 13, 1998;
2.) the second day of the event, Friday, USCG200625556, 72 FR 36327, July 2, 2007]
from 8 a.m. PDT to 2 p.m. PDT, and from
3:30 p.m. PDT to 6 p.m. PDT, 3.) the third 100.1103 Northern California annual
day of the event, Saturday, from 8 a.m. marine events.
PDT to 1:30 p.m. PDT, and from 4 p.m. PDT
to 5 p.m. PDT; and, 4.) the fourth and final (a) General. Special local regulations
day of the event, Sunday, from 9 a.m. PDT are established for the events listed in
to 1:30 p.m. PDT, from 3 p.m. PDT to 4 p.m. table 1 of this section. Further infor-
PDT, and from 6 p.m. PDT to 7 p.m. PDT. mation on exact dates, times, and
Where: That portion of the Colorado River other details concerning the number
near Laughlin, Nevada, from Davis Dam to and type of participants and an exact
Harrahs Hotel and Casino. geographical description of the areas
Parker Thanksgiving Regatta are published by the Eleventh Coast
Guard District in the Local Notice to
Sponsor: Southern California Speedboat Club Mariners at least 20 days prior to each
Date: Four-day event during Thanksgiving event. To be placed on the mailing list
Where: that portion of Lake Moovalya,
Parker, Arizona between the northern and
contact: Commander (oan), Eleventh
southern boundries of La Paz County Park. Coast Guard District, Coast Guard Is-
land, Building 506, Alameda, CA 94501
Lake Havasu Waterski Shows 5100.
Sponsor: Lake Havasu Waterski Club NOTE TO PARAGRAPH (a): Sponsors of events
Date: Various 2 hour weekend shows listed in Table 1 of this section must submit
throughout the year an application each year as required by 33
Where: that portion of the Bridgewater CFR Part 100, Subpart A, to Commander,
Channel, Lake Havasu, Arizona, 200 yards Coast Guard Sector San Francisco, Yerba
north and south of the London Bridge. Buerna Island, San Francisco, CA 941309309.
Lake Havasu Classic (b) Special local regulations. All per-
Sponsor: Havasu Sports Federation
sons and vessels not registered with
Date: 5 day event during Thanksgiving week- the sponsor as participants or with
end Commander, Coast Guard Sector San
Where: that portion of Thompson Bay, Lake Francisco as official patrol vessels are
Havasu, Arizona starting approximately considered spectators. The official pa-
100 yards on bearing of 130 T off Spectator trol consists of any Coast Guard,
Point, thence due north approximately 2200 other Federal, state or local law en-
yards, thence due west approximately 2400 forcement, and any public or sponsor-
yards, thence back to the starting point.
provided vessels assigned or approved
Campbell Boat Owners Association Regatta by Commander, Coast Guard Sector
San Francisco, to patrol each event.
Sponsor: Campbell Boat Owners Association
Date: Weekend in September
(1) No spectator shall anchor, block,
Where: that portion of Thompson Bay, Lake loiter, nor impede the through transit
Havasu, Arizona starting approximately of participants or official patrol ves-

100 yards on bearing of 130 T off Spectator sels, in the regulated areas during all
Point, thence due north approximately 2200 applicable effective dates and times,
307
100.1103 33 CFR Ch. I (7110 Edition)
unless cleared to do so by or through or petty officer to act as the Sector

an official patrol vessel. Commanders official representative;
(2) When hailed and/or signaled by an and will be located aboard the lead offi-
official patrol vessel, any spectator lo- cial patrol vessel. As the Sector Com-
cated within a regulated area during manders representative, the PATCOM
all applicable effective dates and times may terminate the event any time it is
shall come to an immediate stop. deemed necessary for the protection of
(3) The Patrol Commander life and property. PATCOM may be
(PATCOM) is empowered to forbid and reached on VHF-FM Channel 13
control the movement of all vessels in (156.65MHz) when required, by the call
the regulated area. The Patrol Com- sign PATCOM.
mander shall be designated by the (4) The Patrol Commander may, upon
Commander, Coast Guard Sector San request, allow the transit of commer-
Francisco; will be a U.S. Coast Guard cial vessels through regulated areas
commissioned officer, warrant officer when it is safe to do so.
TABLE 1 TO 100.1103
[All coordinates referenced use datum NAD 83.]
San Francisco Grand Prix
Sponsor .................... Pacific Offshore Powerboat Racing Association.

Event Description ..... Professional High-speed powerboat race.
Date .......................... Saturday or Sunday in April.
Location .................... San Francisco Waterfront to South Tower of Golden Gate Bridge.
Regulated Area ........ 374910 N, 1222407 W; thence to
374850 N, 1222407 W; thence to
374856 N, 1222848 W; thence to
374848 N, 1222848 W; thence returning to the point of origin.
Blessing of the Fleet
Sponsor .................... Corinthian Yacht Club.

Event Description ..... Boat parade during which vessels pass by a pre-designated platform or vessel.
Location .................... Raccoon Strait.
Regulated Area ........ The area between a line drawn from Bluff Point on the southeastern side of Tiburon
Peninsula to Point Campbell on the northern edge of Angel Island, and a line drawn
from Peninsula Point on the southern edge of Tiburon Peninsula to Point Stuart on
the western edge of Angel Island.
Opening Day on San Francisco Bay
Sponsor .................... Pacific inter-Club Yacht Association and Corinthian Yacht Club.
Event Description ..... Boat parade during which vessels pass by a pre-designated platform or vessel.
Date .......................... Sunday in April.
Location .................... San Francisco waterfront, Crissy Field to Pier 35.
Regulated Area ........ The area defined by a line drawn from Fort Point (3748.66N, 12228.64W); thence
easterly approximately 5,000 yards to a point located at 3749.15N, 12225.61W;
thence easterly to the Blossom Rock Bell Buoy (3749.10N, 12224.20W); thence
westerly to the Northeast corner of Pier 35; thence returning along the shoreline to
the point of origin.
Special Requirements. All vessels entering the regulated area shall follow the parade
route established by the sponsor and be capable of maintaining an approximate
speed of 6 knots.
Commercial Vessel Traffic Allowances. The parade will be interrupted, as necessary,
to permit the passage of commercial vessel traffic. Commercial traffic must cross
the parade route at a no-wake speed and perpendicular to the parade route.
Race the Straits Offshore Grand Prix Festival
Sponsor .................... Pacific Offshore Powerboat Racing Association.

Event Description ..... Professional high-speed powerboat race.
Date .......................... Sunday in July.

Location .................... Carquinez Strait and San Pablo Strait.
Regulated Area ........ 380212 N, 1220831 W thence to
308
TABLE 1 TO 100.1103Continued
[All coordinates referenced use datum NAD 83.]
380238 N, 1221000 W thence to

380320 N, 1221020 W thence to
380348 N, 1221332 W thence to
380336 N, 1221737 W thence to
380319 N, 1221734 W thence to
380335 N, 1221332 W thence to
380324 N, 1221201 W thence to
380258 N, 1221058 W thence to
380155 N, 1220947 W thence to
380158 N, 1220831 W thence returning to the point of origin.
Delta Thunder Powerboat Race
Sponsor .................... Pacific Offshore Power Racing Association.

Event Description ..... Professional high-speed powerboat race.
Date .......................... Sunday in September.
Location .................... Off Pittsburgh, CA in the waters around Winter Island and Brown Island.
Regulated Area ........ The water area of Suisun Bay commencing at Simmons Point on Chipps Island;
thence southwesterly to Stake Point on the southern shore of Suisun Bay; thence
easterly following the southern shoreline of Suisun Bay and New York Slough to
New York Slough Buoy 13; thence north-northwesterly to the Northwestern corner of
Fraser Shoal; thence northwesterly to the western tip of Chain Island; thence west-
northwesterly to the northeast tip of Van Sickle Island; thence following the shoreline
of Van Sickle Island and Chipps Island and returning to the point of origin.
Festival of the Sea
Sponsor .................... San Francisco Maritime National Historical Park.

Event Description ..... Tugboat Race.
Date .......................... Sunday in September.
Location .................... From Crissy Field to Aquatic Park.
Regulated Area ........ San Francisco Bay approximately 500 yards offshore of Golden Gate Yacht club, Gas
house Cove, and extending east to Pier 45. All mariners may proceed with caution
but must keep at least 500 foot distance from the competing tugboats.
[CGD1199007, 64 FR 39029, July 21, 1999, as amended by USCG200625556, 72 FR 36328, July

2, 2007]
100.1105 San Francisco Bay Navy District, 400 Oceangate Boulevard,

Fleetweek Parade of Ships and Blue Long Beach, CA 908225399.
Angels Demonstration. (b) Regulated Areas: The following
(a) Effective Periods. This section is areas are designated regulated areas
during the Navy Parade of Ships and
effective during the U.S. Navy/City of
Blue Angels Flight activities.
San Francisco Fleetweek Parade of
(1) Regulated Area Alpha for Navy
Navy Ships and Navy Blue Angels and Parade of Ships. The waters of San
other airshow activities held annually Francisco Bay bounded by a line con-
in early October, from Thursday necting the following points:
through Saturday (with a possible Sun- 374840 N 1222838 W
day Blue Angels Flight Demonstration 374910 N 1222841 W
if weather prevents a Saturday per- 374931 N 1222518 W
formance). Annual notice of the spe- 374906 N 1222408 W
cific effective dates and times of these 374753 N 1222242 W
regulations will be published by the 374600 N 1222200 W
374600 N 1222307 W
Coast Guard in the Local Notice to
Mariners and in the FEDERAL REG- and thence along the shore to the point of
ISTER. To be placed on the Local Notice
beginning.
to Mariners mailing list contact: Com- (2) Regulated Area Bravo for U.S.
mander (oan), Eleventh Coast Guard Navy Blue Angels Activities. The waters
309
100.1301 33 CFR Ch. I (7110 Edition)
of San Francisco Bay bounded by a line published in the Local Notice of Mari-
connecting the following points: ners. The event will be one week or less
374827.5 N 1222404 W in duration. The specific dates during
374931 N 1222418 W this time frame will be published in the
374900 N 1222752 W Local Notice to Mariners.
374819 N 1222740 W
(b) The area where the Coast Guard
and thence along the pierheads and bulwarks will restrict general navigation by this
to the point of beginning. regulation during the hours it is in ef-
Datum: NAD 83 fect is: The waters of Lake Washington
(c) Regulations: All persons and/or bounded by the Interstate 90 (Mercer
vessels not authorized as participants Island /Lacey V. Murrow) Bridge, the
or official patrol vessels are considered western shore of Lake Washington, and
spectators. The official patrol con- the east/west line drawn tangent to
sists of any Coast Guard, public, state Bailey Peninsula and along the shore-
or local law enforcement vessels as- line of Mercer Island.
signed and/or approved by Commander, (c) The area described in paragraph
Coast Guard Sector San Francisco to (b) of this section has been divided into
patrol the Fleetweek event. two zones. The zones are separated by a
(1) Except for persons or vessels au- line perpendicular from the I90 Bridge
thorized by the Coast Guard Patrol to the northwest corner of the East log
Commander, in regulated area Alpha boom and a line extending from the
no person or vessel may enter or re- southeast corner of the East log boom
main within 500 yards ahead of the lead to the southeast corner of the hydro-
Navy parade vessel, within 200 yards plane race course and then to the
astern of the last parade vessel, and northerly tip of Ohlers Island in An-
within 200 yards on either side of all drews Bay. The western zone is des-
parade vessels. No person or vessel ignated Zone I, the eastern zone, Zone
shall anchor, block, loiter in, or im- II. (Refer to NOAA Chart 18447).
pede the through transit of ship parade (d) The Coast Guard will maintain a
participants or official patrol vessels in patrol consisting of Coast Guard ves-
regulated area Alpha. sels, assisted by Auxiliary Coast Guard
(2) Except for persons or vessels au-
vessels, in Zone II. The Coast Guard pa-
thorized by the Coast Guard Patrol
trol of this area is under the direction
Commander, no person or vessel may
of the Coast Guard Patrol Commander
enter or remain within regulated area
(the Patrol Commander). The Patrol
Bravo.
(3) When hailed and/or signaled by an Commander is empowered to control
official patrol vessel, a person or vessel the movement of vessels on the race-
shall come to an immediate stop. Per- course and in the adjoining waters dur-
sons or vessels shall comply with all di- ing the periods this regulation is in ef-
rections given. fect. The Patrol Commander may be
(4) The Patrol Commander shall be assisted by other federal, state and
designated by the Commander, Coast local law enforcement agencies.
Guard Sector San Francisco, Cali- (e) Only authorized vessels may be al-
fornia. The Coast Guard Patrol Com- lowed to enter Zone I during the hours
mander is empowered to forbid and this regulation is in effect. Vessels in
control the movement of all vessels in the vicinity of Zone I shall maneuver
the regulated areas. and anchor as directed by Coast Guard
Officers or Petty Officers.
[CGD118915, 54 FR 39998, Sept. 29, 1989, as
amended by CGD119111, 56 FR 51332, Oct. 11, (f) During the times in which the reg-
1991; CGD1193009, 58 FR 51242, Oct. 1, 1993; ulation is in effect, swimming, wading,
USCG200625556, 72 FR 36327, July 2, 2007] or otherwise entering the water in
Zone I by any person is prohibited
100.1301 Seattle seafair unlimited hy- while hydroplane boats are on the race-
droplane race. course. At other times in Zone I, any
(a) This section is in effect annually person entering the water from the
during the last week in July and the shoreline shall remain west of the
first two weeks of August from 8 a.m. swim line, denoted by buoys, and any
until 8 p.m. Pacific Daylight Time, as person entering the water from the log
310
boom shall remain within ten (10) feet (b) Definition. For purposes of this
of the log boom. section, race area means an area 536-
(g) During the times in which the meters-long by 80-feet-wide designated
regulation is in effect, any person by buoys and floatation line markers
swimming or otherwise entering the within the regulated area described in
water in Zone II shall remain within paragraph (a) of this section. The
ten (10) feet of a vessel. buoys have 4-foot poles attached to
(h) During the times this regulation them. Two of the buoys are red, one is
is in effect, rafting to a log boom will white, and the other is yellow. The
be limited to groups of three vessels. course runs from the north side of the
(i) During the times this regulation Hawthorne bridge south along the east
is in effect, up to six (6) vessels may bank to the east most pier of the Mark-
raft together in Zone II if none of the ham bridge and from the south side of
vessels are secured to a log boom. the Markham bridge to the east pier of
(j) During the times this regulation the center span. The center span is left
is in effect, only vessels authorized by open to allow commercial traffic
the Patrol Commander, other law en- through during the event. The course
forcement agencies or event sponsors then continues from the west Pier of
shall be permitted to tow other the center span and to the first pier
watercraft or inflatable devices. west on the south side of the piers and
(k) Vessels proceeding in either Zone continues north and ends at River
I or Zone II during the hours this regu- Place dock.
lation is in effect shall do so only at (c) Enforcement period. The event is a
speeds which will create minimum two-day event which will be enforced
wake, seven (07) miles per hour or less. from 8 a.m. (PDT) to 5 p.m. (PDT) on
This maximum speed may be reduced the second Saturday and Sunday of
at the discretion of the Patrol Com- June each year. In 2006, this section
mander. will be enforced from 8 a.m. until 5
(l) Upon completion of the daily rac- p.m. on Saturday, June 10, and Sunday,
ing activities, all vessels leaving either June 11.
Zone I or Zone II shall proceed at (d) Special local regulation. (1) Non-
speeds of seven (07) miles per hour or participant vessels are prohibited from
less. The maximum speed may be re- entering the race area unless author-
duced at the discretion of the Patrol ized by the Coast Guard Patrol Com-
Commander. mander.
(m) A succession of sharp, short sig- (2) All persons or vessels not reg-
nals by whistle or horn from vessels pa- istered with the sponsor as partici-
trolling the areas under the direction pants or not part of the regatta patrol
of the Patrol Commander shall serve as are considered spectators. Spectator
signal to stop. Vessels signaled shall vessels must be moored to a waterfront
stop and shall comply with the orders facility in a way that will not interfere
of the patrol vessel; failure to do so with the progress of the event or have
may result in expulsion from the area, permission to enter the area from the
citation for failure to comply, or both. event sponsor or Coast Guard patrol
The Coast Guard may be assisted by commander. Spectators must proceed
other federal, state and local law en- at a safe speed as not to cause a wake.
forcement agencies, as well as official This requirement will be strictly en-
Seafair event craft. forced to preserve the safety of both
[CGD1301004, 66 FR 34822, July 2, 2001] life and property.
(3) A succession of sharp, short sig-
100.1302 Special Local Regulation, nals by whistle or horn from vessels pa-
Annual Dragon Boat Races, Port- trolling the area under the direction of
land, Oregon. the Patrol Commander shall serve as a
(a) Regulated area. All waters of the signal to stop. Vessels signaled shall
Willamette River shore to shore, bor- stop and shall comply with the orders
dered on the north by the Hawthorne of the patrol vessel. Failure to do so

Bridge, and on the south by the may result in expulsion from the area,
Marquam Bridge. citation for failure to comply, or both.
311
100.1303 33 CFR Ch. I (7110 Edition)
(4) The Coast Guard Patrol Com- vessels patrolling the area under the
mander may be assisted by other Fed- direction of the U.S. Coast Guard Pa-
eral, State and local law enforcement trol Commander shall serve as a signal
agencies in enforcing this regulation. to stop. Vessels signalled shall stop and
[CGD1306007, 71 FR 42274, July 26, 2006] shall comply with the orders of the pa-
trol vessel personnel; failure to do so
100.1303 Annual Kennewick, Wash- may result in expulsion from the area,
ington, Columbia Unlimited Hydro- citation for failure to comply, or both.
plane Races.
[CGD13 8506, 50 FR 25071, June 17, 1985, as
(a) This regulation is effective each amended by CGD1396012, 61 FR 20133, May
year on the last Tuesday through Sun- 6, 1996]
day in July from 8:30 a.m. local time
until the last race is completed each 100.1304 Annual Seattle Yacht Clubs
day at approximately 7:30 p.m. local Opening Day Marine Parade.
time, unless sooner terminated by the (a) Regulated area. All of Portage
Patrol Commander. Bay, with the northwestern limit being
(b) The Coast Guard will restrict gen- the University Bridge, through the
eral navigation and anchorage by this Portage Cut (Montlake Cut) into and
regulation during the hours it is in ef- including Union Bay, with the south-
fect on all waters of the Columbia eastern limit being an imaginary line
River bounded by two lines drawn from from Webster Point to the eastern cor-
shore to shore; the first line running ner of Foster Island.
between position latitude 461407 N, (b) Effective period. This regulation
longitude 1191042 W and position lati- will be in effect from 8:00 a.m. to 3:00
tude 461342 N, longitude 1191051 W; p.m. on the first Saturday of May each
and the second line running between year unless otherwise specified in the
position latitude 461335 N, longitude Thirteenth District Local Notice to
1190734 W and position latitude Mariners.
461310 N, longitude 1190747 W. (c) Special Local regulations. (1) The
[Datum: NAD 83] regulated area shall be closed for the
(c) When deemed appropriate, the duration of the event to all vessel traf-
Coast Guard may establish a patrol fic not participating in the event and
consisting of active and auxiliary authorized by the event sponsor or
Coast Guard personnel and vessels in Coast Guard Patrol Commander.
the area described in paragraph (b) of (2) All persons or vessels not reg-
this section. The patrol shall be under istered with the sponsor as partici-
the direction of a Coast Guard officer pants or not part of the regatta patrol
or petty officer designated as Coast are considered spectators. Spectator
Guard Patrol Commander. The Patrol vessels must be at anchor within a des-
Commander is empowered to forbid and ignated spectator area or moored to a
control the movement of vessels in the waterfront facility in a way that will
area described in paragraph (b) of this not interfere with the progress of the
section. event. The following are established as
(d) The Patrol Commander may au- spectator areas:
thorize vessels to be underway in the (i) Northwest of the University
area described in paragraph (b) of this Bridge.
section during the hours this regula- (ii) North of the log boom which will
tions is in effect. All vessels permitted be placed in Union Bay.
to be underway in the controlled area (iii) East of Webster Point so as not
(other than racing or official vessels) to interfere with the participating ves-
shall do so only at speeds which will sels departing Union Bay.
create minimum wake consistent with (3) No spectators shall anchor, block,
maintaining steerageway, and not to loiter in, or impede the through transit
exceed seven (7) miles per hour. This of participants or official patrol vessels
speed limit may be adjusted at the dis- in the regulated area during the effec-
cretion of the Patrol Commander to en- tive dates and times unless cleared for
hance the level of safety. such entry by the Patrol Commander.

(e) A succession of sharp, short sig- (4) Due to the large number of craft
nals by whistle, siren, or horn from confined within this small body of
312
water, all vessels, both spectator and expulsion from the area, citation for
participants, will maintain a NO failure to comply, or both.
WAKE speed. This requirement will (c) Effective times and dates. This reg-
be strictly enforced to preserve the ulation becomes effective each year on
safety of both life and property. the third Friday of August, at 6 a.m.
(5) A succession of sharp, short sig- p.d.t. and terminates on the third Sun-
nals by whistle or horn from vessels pa- day of August, at 6 p.m. p.d.t. or upon
trolling the area under the direction of completion of each event.
the Patrol Commander shall serve as a [CGD139008, 55 FR 32624, Aug. 10, 1990]
signal to stop. Vessels signaled shall
stop and shall comply with the orders 100.1306 National Maritime Week
of the patrol vessel. Failure to do so Tugboat Races, Seattle, WA.
may result in expulsion from the area, (a) Regulated Area. A regulated area
citation for failure to comply, or both. is established on that portion of Elliott
[CGD138902, 54 FR 19167, May 4, 1989] Bay along the Seattle waterfront in
Puget Sound bounded by a line begin-
100.1305 Richland, Washington, west ning at: 473736 N, 1222242 W; thence
coast outboard championship hydro to 473724.5 N, 1222258.5 W; thence to
races. 473608 N, 1222053 W; thence to
473621 N, 1222031 W; thence return-
(a) Regulated area. By this regulation,
ing to the origin. This regulated area
the Coast Guard will restrict general
resembles a rectangle measuring ap-
navigation and anchorage on the wa-
proximately 3,900 yards along the
ters of the Columbia River between
shoreline between Pier 57 and Pier 89,
River Mile 337 and River Mile 339. This
and extending approximately 650 yards
restricted area includes all waters be- into Elliott Bay. Temporary floating
tween the above mile marks in Rich- markers will be placed by the race
land, Washington, and is approxi- sponsors to delineate the regulated
mately 2 miles long. area. [Datum: NAD 1983]
(b) Special local regulations. (1) This (b) Special Local Regulations. (1) No
event will take place from 6. a.m. p.d.t. person or vessel may enter or remain
to approximately 5 p.m. p.d.t. on the in the regulated area except for par-
third Friday, Saturday, and Sunday of ticipants in the event, supporting per-
August, annually, in the described wa- sonnel, vessels registered with the
ters of the Columbia River, Richland, event organizer, and personnel or ves-
Washington. sels authorized by the Coast Guard Pa-
(2) No person or vessel may enter or trol Commander.
remain in the regulated area except for (2) When deemed appropriate, the
participants in the event, supporting Coast Guard may establish a patrol
personnel, vessels registered with the consisting of active and auxiliary
event organizer, and personnel or ves- Coast Guard vessels and personnel in
sels authorized by the Coast Guard Pa- the area described in paragraph (a) of
trol Commander. this section. The patrol shall be under
(3) Patrol of the described area will the direction of a Coast Guard officer
be under the direction of a designated or petty officer designated by the Cap-
Coast Guard Patrol Commander. The tain of the Port as the Coast Guard Pa-
Patrol Commander is empowered to trol Commander. The Patrol Com-
control the movement of vessels in the mander may forbid and control the
regulated area and adjoining waters movement of vessels in the area de-
during the hours these regulations are scribed in paragraph (a) of this section.
in effect. (3) A succession of sharp, short blasts
(4) A succession of sharp, short sig- from whistle or horn from vessels pa-
nals by whistle, siren, or horn, from trolling the area under the direction of
vessels patrolling the area under the the Patrol Commander shall serve as a
direction of the Patrol Commander signal to stop. Vessels signaled shall
shall serve as a signal to stop. Vessels stop and comply with the orders of the
or persons signaled shall stop and shall patrol vessel. Failure to do so may re-
comply with the orders of the patrol sult in expulsion from the area, cita-
vessel. Failure to do so may result in tion for failure to comply, or both.
313
100.1307 33 CFR Ch. I (7110 Edition)
(c) Enforcement dates. This section is (2) Patrol Vessel means any Coast
enforced annually on the second or Guard vessel, Coast Guard Auxiliary
third Saturday in May from 12 p.m. to vessel, or other federal, state or local
4:30 p.m. The event will be one day only law enforcement vessel.
and the specific date will be published (c) Special Local Regulations. (1) Non-
each year in the FEDERAL REGISTER. In participant vessels are prohibited from
2005, this section will be enforced from entering the race area unless author-
12 p.m. to 4:30 p.m. on Saturday May 14. ized by the Coast Guard Patrol Com-
[CGD1395003, 61 FR 16710, Apr. 17, 1996, as mander.
amended by CGD1305004, 70 FR 23938, May (2) Spectator craft may remain in the
6, 2005]
designated spectator area but must fol-
100.1307 Special Local Regulations, low the directions of the Coast Guard
Strait Thunder Performance, Port Patrol Commander. Spectator craft en-
Angeles, WA. tering, exiting or moving within the
(a) Regulated Areas. (1) The race area spectator area must operate at speeds,
encompasses all waters located inside which will create a minimum wake,
of a line connecting the following and not exceed seven knots. The max-
points located near Port Angeles, imum speed may be reduced at the dis-
Washington: cretion of the Patrol Commander.
Point 1: 480724 N, 1232532 W; (3) A succession of sharp, short sig-
Point 2: 480726 N, 1232435 W; nals by whistle or horn from a Patrol
Point 3: 480712 N, 1232531 W; Vessel will serve as a signal to stop.
Point 4: 480715 N, 1232434 W. Vessels signaled must stop and comply
[Datum: NAD 1983]. with the orders of the Patrol Vessel.
(2) The spectator area encompasses all Failure to do so may result in expul-
waters located within a box bounded by sion from the area, citation for failure
the following points located near Port to comply, or both.
Angeles, Washington: (4) The Coast Guard Patrol Com-
Point 1: 480732 N, 1232533 W; mander may be assisted by other fed-
Point 2: 480729 N, 1232436 W; eral, state and local law enforcement
Point 3: 480724 N, 1232532 W; agencies in enforcing this regulation.
Point 4: 480726 N, 1232435 W. (d) Enforcement dates. This section is
[Datum: NAD 1983.] enforced annually on the first or sec-
(b) Definitions. For the purpose of this ond Friday, Saturday, and Sunday in
section the following definitions apply: October from 9 a.m. until 5 p.m. The
(1) Coast Guard Patrol Commander event is a three day event and the spe-
means a commissioned, warrant, or cific dates will be published each year
petty officer of the Coast Guard who in the FEDERAL REGISTER. In 2005, this
has been designated by Commander, section will be enforced from 9 a.m.
Coast Guard Group Port Angeles. The until 5 p.m. on Friday, September 30th,
Coast Guard Patrol Commander is em-
to Sunday, October 2nd.
powered to control the movement of
vessels in the regulated area. [CGD1305009, 70 FR 58056, Oct. 5, 2005]
314
SUBCHAPTER HMARITIME SECURITY
PART 101MARITIME SECURITY: (1) To implement portions of the

GENERAL maritime security regime required by
the Maritime Transportation Security
Subpart AGeneral Act of 2002, as codified in 46 U.S.C.
Chapter 701;
Sec. (2) To align, where appropriate, the
101.100 Purpose. requirements of domestic maritime se-
101.105 Definitions.
101.110 Applicability.
curity regulations with the inter-
101.115 Incorporation by reference. national maritime security standards
101.120 Alternatives. in the International Convention for the
101.125 Approved Alternative Security Pro- Safety of Life at Sea, 1974 (SOLAS
grams. Chapter XI2) and the International
101.130 Equivalent security measures. Code for the Security of Ships and of
Port Facilities, parts A and B, adopted
Subpart BMaritime Security (MARSEC)
on 12 December 2002; and
Levels
(3) To ensure security arrangements
101.200 MARSEC Levels. are as compatible as possible for ves-
101.205 Department of Homeland Security sels trading internationally.
alignment. (b) For those maritime elements of
the national transportation system
Subpart CCommunication (Port-Facility-
where international standards do not
Vessel)
directly apply, the requirements in this
101.300 Preparedness communications. subchapter emphasize cooperation and
101.305 Reporting. coordination with local port commu-
101.310 Additional communication devices. nity stakeholders, and are based on ex-
isting domestic standards, as well as
Subpart DControl Measures for Security
established industry security practices.
101.400 Enforcement. (c) The assessments and plans re-
101.405 Maritime Security (MARSEC) Direc- quired by this subchapter are intended
tives. for use in implementing security meas-
101.410 Control and Compliance Measures. ures at various MARSEC Levels. The
101.415 Penalties.
101.420 Right to appeal.
specific security measures and their
implementation are planning criteria
Subpart EOther Provisions based on a set of assumptions made
during the development of the security
101.500 Procedures for authorizing a Recog- assessment and plan. These assump-
nized Security Organization (RSO). [Re-
tions may not exist during an actual
served]
101.505 Declaration of Security (DoS). transportation security incident.
101.510 Assessment Tools. [USCG200314792, 68 FR 39278, July 1, 2003, as
101.514 TWIC Requirement. amended at 68 FR 60470, Oct. 22, 2003]
101.515 TWIC/Personal Identification.
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. 101.105 Definitions.
Chapter 701; 50 U.S.C. 191, 192; Executive Unless otherwise specified, as used in
Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR
1.051, 6.0411, 6.14, 6.16, and 6.19; Department
this subchapter:
of Homeland Security Delegation No. 0170.1. Alternative Security Program means a
third-party or industry organization
EDITORIAL NOTE: Nomenclature changes to developed standard that the Com-
part 101 appear at 73 FR 35009, June 19, 2008.
mandant has determined provides an
SOURCE: USCG200314792, 68 FR 39278, July equivalent level of security to that es-
1, 2003. tablished by this subchapter.
Area Commander means the U.S.
Subpart AGeneral Coast Guard officer designated by the
Commandant to command a Coast

101.100 Purpose. Guard Area as described in 33 CFR part
(a) The purpose of this subchapter is: 3.
315
101.105 33 CFR Ch. I (7110 Edition)
Area Maritime Security (AMS) Assess- the COTP zones described in 33 CFR
ment means an analysis that examines part 3. The COTP is the Federal Mari-
and evaluates the infrastructure and time Security Coordinator described in
operations of a port taking into ac- 46 U.S.C. 70103(a)(2)(G) and also the
count possible threats, vulnerabilities, Port Facility Security Officer as de-
and existing protective measures, pro- scribed in the ISPS Code, part A.
cedures and operations. Cargo means any goods, wares, or
Area Maritime Security (AMS) Com- merchandise carried, or to be carried,
mittee means the committee estab- for consideration, whether directly or
lished pursuant to 46 U.S.C. indirectly flowing to the owner,
70112(a)(2)(A). This committee can be charterer, operator, agent, or any
the Port Security Committee estab- other person interested in the vessel,
lished pursuant to Navigation and Ves- facility, or OCS facility, except dredge
sel Inspection Circular (NVIC) 0902 spoils.
change 2, available from the cognizant Cargo vessel means a vessel that car-
Captain of the Port (COTP) or at http:// ries, or intends to carry, cargo as de-
www.uscg.mil/hq/g-m/nvic. fined in this section.
Area Maritime Security (AMS) Plan Certain Dangerous Cargo (CDC) means
means the plan developed pursuant to the same as defined in 33 CFR 160.204.
46 U.S.C. 70103(b). This plan may be the Commandant means the Commandant
Port Security plan developed pursuant of the U.S. Coast Guard.
to NVIC 0902 provided it meets the re- Company means any person or entity
quirements of part 103 of this sub- that owns any facility, vessel, or OCS
chapter. facility subject to the requirements of
Area of Responsibility (AOR) means a this subchapter, or has assumed the re-
Coast Guard area, district, marine in- sponsibility for operation of any facil-
spection zone or COTP zone described ity, vessel, or OCS facility subject to
in 33 CFR part 3. the requirements of this subchapter,
Audit means an evaluation of a secu- including the duties and responsibil-
rity assessment or security plan per- ities imposed by this subchapter.
formed by an owner or operator, the Company Security Officer (CSO) means
owner or operators designee, or an ap- the person designated by the Company
proved third-party, intended to iden- as responsible for the security of the
tify deficiencies, non-conformities and/ vessel or OCS facility, including imple-
or inadequacies that would render the mentation and maintenance of the ves-
assessment or plan insufficient. sel or OCS facility security plan, and
Barge means a non-self-propelled ves- for liaison with their respective vessel
sel (46 CFR 24.101). or facility security officer and the
Barge fleeting facility means a com- Coast Guard.
mercial area, subject to permitting by Contracting Government means any
the Army Corps of Engineers, as pro- government of a nation that is a signa-
vided in 33 CFR part 322, part 330, or tory to SOLAS, other than the U.S.
pursuant to a regional general permit Cruise ship means any vessel over 100
the purpose of which is for the making gross register tons, carrying more than
up, breaking down, or staging of barge 12 passengers for hire which makes
tows. voyages lasting more than 24 hours, of
Breach of security means an incident which any part is on the high seas. Pas-
that has not resulted in a transpor- sengers from cruise ships are embarked
tation security incident, in which secu- or disembarked in the U.S. or its terri-
rity measures have been circumvented, tories. Cruise ships do not include fer-
eluded, or violated. ries that hold Coast Guard Certificates
Bulk or in bulk means a commodity of Inspection endorsed for Lakes,
that is loaded or carried on board a Bays, and Sounds, that transit inter-
vessel without containers or labels, and national waters for only short periods
that is received and handled without of time on frequent schedules.
mark or count. Dangerous goods and/or hazardous sub-
Bunkers means a vessels fuel supply. stances, for the purposes of this sub-
Captain of the Port (COTP) means the chapter, means cargoes regulated by
local officer exercising authority for parts 126, 127, or 154 of this chapter.
316
Dangerous substances or devices means evaluates the infrastructure and oper-

any material, substance, or item that ations of the facility taking into ac-
reasonably has the potential to cause a count possible threats, vulnerabilities,
transportation security incident. consequences, and existing protective
Declaration of Security (DoS) means an measures, procedures and operations.
agreement executed between the re- Facility Security Officer (FSO) means
sponsible Vessel and Facility Security the person designated as responsible
Officer, or between Vessel Security Of- for the development, implementation,
ficers in the case of a vessel-to-vessel revision and maintenance of the facil-
activity, that provides a means for en- ity security plan and for liaison with
suring that all shared security con- the COTP and Company and Vessel Se-
cerns are properly addressed and secu- curity Officers.
rity will remain in place throughout Facility Security Plan (FSP) means the
the time a vessel is moored to the fa- plan developed to ensure the applica-
cility or for the duration of the vessel- tion of security measures designed to
to-vessel activity, respectively. protect the facility and its servicing
District Commander means the U.S. vessels or those vessels interfacing
Coast Guard officer designated by the with the facility, their cargoes, and
Commandant to command a Coast persons on board at the respective
Guard District described in 33 CFR part MARSEC Levels.
3. Ferry means a vessel which is limited
Drill means a training event that in its use to the carriage of deck pas-
tests at least one component of the sengers or vehicles or both, operates on
AMS, vessel, or facility security plan a short run on a frequent schedule be-
and is used to maintain a high level of tween two or more points over the
security readiness. most direct water route, other than in
Escorting means ensuring that the es- ocean or coastwise service.
corted individual is continuously ac- Foreign vessel means a vessel of for-
companied while within a secure area eign registry or a vessel operated under
in a manner sufficient to observe the authority of a country, except the
whether the escorted individual is en- U.S., that is engaged in commerce.
gaged in activities other than those for General shipyard facility means
which escorted access was granted. (1) For operations on land, any struc-
This may be accomplished via having a ture or appurtenance thereto designed
side-by-side companion or monitoring, for the construction, repair, rehabilita-
depending upon where the escorted in- tion, refurbishment, or rebuilding of
dividual will be granted access. Indi- any vessel, including graving docks,
viduals without TWICs may not enter building ways, ship lifts, wharves, and
restricted areas without having an in- pier cranes; the land necessary for any
dividual who holds a TWIC as a side-by- structures or appurtenances; and the
side companion, except as provided in equipment necessary for the perform-
104.267, 105.257, and 106.262 of this sub- ance of any function referred to in this
chapter. definition; and
Exercise means a comprehensive (2) For operations other than on land,
training event that involves several of any vessel, floating drydock, or barge
the functional elements of the AMS, used for, or a type that is usually used
vessel, or facility security plan and for, activities referred to in paragraph
tests communications, coordination, (1) of this definition.
resource availability, and response. Gross register tons (GRT) means the
Facility means any structure or facil- gross ton measurement of the vessel
ity of any kind located in, on, under, or under 46 U.S.C. chapter 145, Regulatory
adjacent to any waters subject to the Measurement. For a vessel measured
jurisdiction of the U.S. and used, oper- under only 46 U.S.C. chapter 143, Con-
ated, or maintained by a public or pri- vention Measurement, the vessels
vate entity, including any contiguous gross tonnage, ITC is used to apply all
or adjoining property under common thresholds expressed in terms of gross
ownership or operation. register tons.

Facility Security Assessment (FSA) Gross tonnage, ITC (GT ITC) means
means an analysis that examines and the gross tonnage measurement of the
317
101.105 33 CFR Ch. I (7110 Edition)
vessel under 46 U.S.C. chapter 143, Con- ters subject to the jurisdiction of the
vention Measurement. Under inter- U.S.
national conventions, this parameter MARSEC Level 1 means the level for
may be referred to as gross tonnage which minimum appropriate protective
(GT). security measures shall be maintained
Hazardous materials means hazardous at all times.
materials subject to regulation under MARSEC Level 2 means the level for
46 CFR parts 148, 150, 151, 153, or 154, or which appropriate additional protec-
49 CFR parts 171 through 180. tive security measures shall be main-
Infrastructure means facilities, struc- tained for a period of time as a result
tures, systems, assets, or services so of heightened risk of a transportation
vital to the port and its economy that security incident.
their disruption, incapacity, or de- MARSEC Level 3 means the level for
struction would have a debilitating im- which further specific protective secu-
pact on defense, security, the environ- rity measures shall be maintained for a
ment, long-term economic prosperity, limited period of time when a transpor-
public health or safety of the port. tation security incident is probable or
International voyage means a voyage imminent, although it may not be pos-
between a country to which SOLAS ap- sible to identify the specific target.
plies and a port outside that country. A Master means the holder of a valid
merchant mariner credential or license
country, as used in this definition, in-
that authorizes the individual to serve
cludes every territory for the internal
as a Master, operator, or person in
relations of which a contracting gov-
charge of the rated vessel. For the pur-
ernment to the convention is respon-
poses of this subchapter, Master also
sible or for which the United Nations is
includes the Person in Charge of a
the administering authority. For the
MODU, and the operator of an
U.S., the term territory includes the
uninspected towing vessel.
Commonwealth of Puerto Rico, all pos-
Merchant mariner credential or MMC
sessions of the United States, and all
means the credential issued by the
lands held by the U.S. under a protec-
Coast Guard under 46 CFR part 10. It
torate or mandate. For the purposes of combines the individual merchant
this subchapter, vessels solely navi- mariners document, license, and cer-
gating the Great Lakes and the St. tificate of registry enumerated in 46
Lawrence River as far east as a U.S.C. subtitle II part E as well as the
straight line drawn from Cap des STCW endorsement into a single cre-
Rosiers to West Point, Anticosti Island dential that serves as the mariners
and, on the north side of Anticosti Is- qualification document, certificate of
land, the 63rd meridian, are considered identification, and certificate of serv-
on an international voyage when on ice.
a voyage between a U.S. port and a Ca- OCS Facility means any artificial is-
nadian port. land, installation, or other complex of
ISPS Code means the International one or more structures permanently or
Ship and Port Facility Security Code, temporarily attached to the subsoil or
as incorporated into SOLAS. seabed of the OCS, erected for the pur-
Maritime Security (MARSEC) Directive pose of exploring for, developing or
means an instruction issued by the producing oil, natural gas or mineral
Commandant, or his/her delegee, man- resources. This definition includes all
dating specific security measures for mobile offshore drilling units (MODUs)
vessels and facilities that may be in- not covered under part 104 of this sub-
volved in a transportation security in- chapter, when attached to the subsoil
cident. or seabed of offshore locations, but
Maritime Security (MARSEC) Level does not include deepwater ports, as
means the level set to reflect the pre- defined by 33 U.S.C. 1502, or pipelines.
vailing threat environment to the ma- Operator, Uninspected Towing Vessel
rine elements of the national transpor- means an individual who holds a mer-
tation system, including ports, vessels, chant mariner credential or license de-
facilities, and critical assets and infra- scribed in 46 CFR 15.805(a)(5) or 46 CFR
structure located on or adjacent to wa- 15.810(d).
318
Owner or operator means any person (3) That receives only:

or entity that owns, or maintains oper- (i) Vessels not subject to part 104 of
ational control over, any facility, ves- this chapter, or
sel, or OCS facility subject to this sub- (ii) Passenger vessels, except:
chapter. This includes a towing vessel (A) Ferries certificated to carry vehi-
that has operational control of an un- cles;
manned vessel when the unmanned ves- (B) Cruise ships; or
sel is attached to the towing vessel and (C) Passenger vessels subject to
a facility that has operational control SOLAS Chapter XI1 or SOLAS Chap-
of an unmanned vessel when the un- ter XI2.
manned vessel is not attached to a tow- Recurring unescorted access means au-
ing vessel and is moored to the facility; thorization to enter a vessel on a con-
attachment begins with the securing of tinual basis after an initial personal
the first mooring line and ends with identity and credential verification.
the casting-off of the last mooring line. Registered length means the registered
Passenger vessel means length as defined in 46 CFR part 69.
(1) On an international voyage, a ves- Restricted areas mean the infrastruc-
sel carrying more than 12 passengers, tures or locations identified in an area,
including at least one passenger-for- vessel, or facility security assessment
hire; and or by the operator that require limited
(2) On other than an international access and a higher degree of security
voyage: protection. The entire facility may be
(i) A vessel of at least 100 gross reg- designated the restricted area, as long
ister tons carrying more than 12 pas- as the entire facility is provided the
sengers, including at least one pas- appropriate level of security.
senger-for-hire; Review and approval means the proc-
(ii) A vessel of less than 100 gross reg- ess whereby Coast Guard officials
ister tons carrying more than 6 pas- evaluate a plan or proposal to deter-
sengers, including at least one pas- mine if it complies with this sub-
senger-for-hire; chapter and/or provides an equivalent
(iii) A vessel that is chartered and level of security.
carrying more than 12 passengers; Screening means a reasonable exam-
(iv) A submersible vessel that is car- ination of persons, cargo, vehicles, or
rying at least one passenger-for-hire; baggage for the protection of the ves-
or sel, its passengers and crew. The pur-
(v) A wing-in-ground craft, regardless pose of the screening is to secure the
of tonnage, that is carrying at least vital government interest of protecting
one passenger-for-hire. vessels, harbors, and waterfront facili-
Passenger-for-hire means a passenger ties from destruction, loss, or injury
for whom consideration is contributed from sabotage or other causes of simi-
as a condition of carriage on the vessel, lar nature. Such screening is intended
whether directly or indirectly flowing to ensure that dangerous substances
to the owner, charterer, operator, and devices, or other items that pose a
agent, or any other person having an real danger of violence or a threat to
interest in the vessel. security are not present.
Personal Identification Number (PIN) Secure area means the area on board a
means a personally selected number vessel or at a facility or outer conti-
stored electronically on the individ- nental shelf facility over which the
uals TWIC. owner/operator has implemented secu-
Public access facility means a facil- rity measures for access control in ac-
ity cordance with a Coast Guard approved
(1) That is used by the public pri- security plan. It does not include pas-
marily for purposes such as recreation, senger access areas, employee access
entertainment, retail, or tourism, and areas, or public access areas, as those
not for receiving vessels subject to part terms are defined in 104.106, 104.107,
104; and 105.106, respectively, of this sub-
(2) That has minimal infrastructure chapter. Vessels operating under the
for servicing vessels subject to part 104 waivers provided for at 46 U.S.C.
of this chapter; and 8103(b)(3)(A) or (B) have no secure
319
101.105 33 CFR Ch. I (7110 Edition)
areas. Facilities subject to part 105 of Vessel-to-facility interface means the

this subchapter located in the Com- interaction that occurs when a vessel
monwealth of the Northern Mariana Is- is directly and immediately affected by
lands and American Samoa have no se- actions involving the movement of per-
cure areas. Facilities subject to part sons, cargo, vessel stores, or the provi-
105 of this subchapter may, with ap- sions of facility services to or from the
proval of the Coast Guard, designate vessel.
only those portions of their facility Vessel-to-port interface means the
that are directly connected to mari- interaction that occurs when a vessel
time transportation or are at risk of is directly and immediately affected by
being involved in a transportation se- actions involving the movement of per-
curity incident as their secure areas. sons, cargo, vessel stores, or the provi-
Security sweep means a walkthrough sions of port services to or from the
to visually inspect unrestricted areas vessel.
to identify unattended packages, brief- Vessel Security Assessment (VSA)
cases, or luggage and determine that means an analysis that examines and
all restricted areas are secure. evaluates the vessel and its operations
Security system means a device or taking into account possible threats,
multiple devices designed, installed vulnerabilities, consequences, and ex-
and operated to monitor, detect, ob- isting protective measures, procedures
serve or communicate about activity and operations.
that may pose a security threat in a lo- Vessel Security Plan (VSP) means the
cation or locations on a vessel or facil- plan developed to ensure the applica-
ity. tion of security measures designed to
Sensitive security information (SSI) protect the vessel and the facility that
means information within the scope of the vessel is servicing or interacting
49 CFR part 1520. with, the vessels cargoes, and persons
SOLAS means the International Con- on board at the respective MARSEC
vention for the Safety of Life at Sea Levels.
Convention, 1974, as amended. Vessel Security Officer (VSO) means
Survey means an on-scene examina- the person onboard the vessel, account-
tion and evaluation of the physical able to the Master, designated by the
characteristics of a vessel or facility, Company as responsible for security of
and its security systems, processes, the vessel, including implementation
procedures, and personnel. and maintenance of the Vessel Secu-
Transportation security incident (TSI) rity Plan, and for liaison with the Fa-
means a security incident resulting in cility Security Officer and the vessels
a significant loss of life, environmental Company Security Officer.
damage, transportation system disrup- Vessel stores means
tion, or economic disruption in a par- (1) Materials that are on board a ves-
ticular area. sel for the upkeep, maintenance, safe-
TWIC means a valid, non-revoked ty, operation or navigation of the ves-
transportation worker identification sel; and
credential, as defined and explained in (2) Materials for the safety or com-
49 CFR part 1572. fort of the vessels passengers or crew,
TWIC Program means those proce- including any provisions for the ves-
dures and systems that a vessel, facil- sels passengers or crew.
ity, or outer continental shelf facility Vessel-to-vessel activity means any ac-
(OCS) must implement in order to as- tivity not related to a facility or port
sess and validate TWICs when main- that involves the transfer of cargo, ves-
taining access control. sel stores, or persons from one vessel to
Unaccompanied baggage means any another.
baggage, including personal effects, Waters subject to the jurisdiction of the
that is not being brought on board on U.S., for purposes of this subchapter,
behalf of a person who is boarding the includes all waters described in section
vessel. 2.36(a) of this chapter; the Exclusive
Unescorted access means having the Economic Zone, in respect to the living
authority to enter and move about a and non-living resources therein; and,
secure area without escort. in respect to facilities located on the
320
Outer Continental Shelf of the U.S., Conference resolution 2, Adop- 101.410; 101.505;
tion of the International 104.105; 104.115;
the waters superjacent thereto. Code for the Security of 104.120; 104.297;
[USCG200314792, 68 FR 39278, July 1, 2003, as Ships and of Port Facilities, 104.400.
parts A and B, adopted on
amended at 68 FR 60470, Oct. 22, 2003; USCG December 12, 2002 (ISPS
200418057, 69 FR 34925, June 23, 2004; USCG Code).
200624196, 72 FR 3577, Jan. 25, 2007; USCG
200624196, 72 FR 55048, Sept. 28, 2007; USCG [USCG200314792, 68 FR 39278, July 1, 2003, as
20080179, 73 FR 35009, June 19, 2008; USCG amended at 69 FR 18803, Apr. 9, 2004; USCG
200624196, 74 FR 13116, Mar. 26, 2009; USCG 20100351, 75 FR 36282, June 25, 2010]
200624371, 74 FR 11211, Mar. 16, 2009]
101.120 Alternatives.
(a) Alternative Security Agreements. (1)
Unless otherwise specified, this sub- The U.S. may conclude in writing, as
chapter applies to vessels, structures, provided in SOLAS Chapter XI2, Regu-
and facilities of any kind, located lation 11 (Incorporated by reference,
under, in, on, or adjacent to waters see 101.115), a bilateral or multilateral
subject to the jurisdiction of the U.S. agreements with other Contracting
Governments to SOLAS on Alternative
101.115 Incorporation by reference. Security Arrangements covering short
(a) Certain material is incorporated international voyages on fixed routes
by reference into this subchapter with between facilities subject to the juris-
the approval of the Director of the Fed- diction of the U.S. and facilities in the
eral Register under 5 U.S.C. 552(a) and territories of those Contracting Gov-
1 CFR part 51. To enforce any edition ernments.
other than that specified in paragraph (2) As further provided in SOLAS
(b) of this section, the Coast Guard Chapter XI2, Regulation 11, a vessel
must publish notice of change in the covered by such an agreement shall not
FEDERAL REGISTER and the material conduct any vessel-to-vessel activity
must be available to the public. All ap- with any vessel not covered by the
proved material is on file at the Office agreement.
of the Coast Guard Port Security Di- (b) Alternative Security Programs. (1)
rectorate (CG-54), Coast Guard Head- Owners and operators of vessels and fa-
quarters, 2100 2nd St., SW., Stop 7581, cilities required to have security plans
Washington, DC 205937581, or at the under part 104, 105, or 106 of this sub-
National Archives and Records Admin- chapter, other than vessels that are
istration (NARA). For information on subject to SOLAS Chapter XI, may
the availability of this material at meet an Alternative Security Program
NARA, call 2027416030, or go to: http:// that has been reviewed and approved
www.archives.gov/federallregister/ by the Commandant (CG-54) as meeting
codeloflfederallregulations/ the requirements of part 104, 105, or 106,
ibrllocations.html. All material is as applicable.
available from the sources indicated in (2) Owners or operators must imple-
paragraph (b) of this section. ment an approved Alternative Security
(b) The materials approved for incor- Program in its entirety to be deemed
poration by reference in this sub- in compliance with either part 104, 105,
chapter are as follows: or 106.
(3) Owners or operators who have im-
INTERNATIONAL MARITIME ORGANIZATION plemented an Alternative Security
(IMO) Program must send a letter to the ap-
Publication Section, 4 Albert Embank- propriate plan approval authority
ment, London SE1 7SR, United Kingdom. under part 104, 105, or 106 of this sub-
Conference resolution 1, Adop- 101.120; 101.310; chapter identifying which Alternative
tion of amendments to the 101.410; 101.505; Security Program they have imple-
Annex to the International 104.105; 104.115;
Convention for the Safety of 104.120; 104.297; mented, identifying those vessels or fa-
Life at Sea, 1974, and 104.400. cilities that will implement the Alter-
amendments to Chapter XI native Security Program, and attesting
of SOLAS 1974, adopted De-
cember 12, 2002, (SOLAS

that they are in full compliance there-
Chapter XI1 or SOLAS with. A copy of this letter shall be re-
Chapter XI2). tained on board the vessel or kept at
321
101.125 33 CFR Ch. I (7110 Edition)
the facility to which it pertains along (CG-54) allows a shorter period. The
with a copy of the Alternative Security Commandant (CG-54) will approve or
Program and a vessel, facility, or Outer disapprove the proposed amendment in
Continental Shelf facility specific secu- accordance with paragraph (f) of this
rity assessment report generated under section.
the Alternative Security Program. (e) Validity of Alternative Security Pro-
(4) Owners or operators shall make gram. An Alternative Security Program
available to the Coast Guard, upon re- approved under this section is valid for
quest, any information related to im- 5 years from the date of its approval.
plementation of an approved Alter- (f) The Commandant (CG-54) will ex-
native Security Program. amine each submission for compliance
(c) Approval of Alternative Security with this part, and either:
Programs. You must submit to the (1) Approve it and specify any condi-
Commandant (CG-54) for review and ap- tions of approval, returning to the sub-
proval the Alternative Security Pro- mitter a letter stating its acceptance
gram and the following information to and any conditions;
assess the adequacy of the proposed Al- (2) Return it for revision, returning a
ternative Security Program: copy to the submitter with brief de-
(1) A list of the vessel and facility scriptions of the required revisions; or
type that the Alternative Security (3) Disapprove it, returning a copy to
Program is intended to apply; the submitter with a brief statement of
(2) A security assessment for the ves- the reasons for disapproval.
sel or facility type;
[USCG200314792, 68 FR 39278, July 1, 2003, as
(3) Explanation of how the Alter-
amended at 68 FR 60471, Oct. 22, 2003]
native Security Program addresses the
requirements of parts 104, 105, or 106, as 101.125 Approved Alternative Secu-
applicable; and rity Programs.
(4) Explanation of how owners and
The following have been approved, by
operators must implement the Alter-
the Commandant (CG-54), as Alter-
native Security Program in its en-
native Security Programs, which may
tirety, including performing an oper-
be used by vessel or facility owners or
ational and vessel or facility specific
operators to meet the provisions of
assessment and verification of imple-
parts 104, 105, or 106 of this subchapter,
mentation.
as applicable:
(d) Amendment of Approved Alternative
(a) American Gaming Association Al-
Security Programs. (1) Amendments to
ternative Security Program, dated Sep-
an Alternative Security Program ap-
tember 11, 2003.
proved under this section may be initi-
(b) American Waterways Operators
ated by
Alternative Security Program for Tug-
(i) The submitter of an Alternative
boats, and Towboats and Barges, dated
Security Program under paragraph (c)
September 24, 2003.
of this section; or
(c) Passenger Vessel Association In-
(ii) The Coast Guard upon a deter-
dustry Standards for Security of Pas-
mination that an amendment is needed
senger Vessels and Small Passenger
to maintain the security of a vessel or
Vessels, dated September 17, 2003.
facility. The Coast Guard will give the
submitter of an Alternative Security [USCG200314792, 68 FR 60472, Oct. 22, 2003]
Program written notice and request
that the submitter propose amend- 101.130 Equivalent security meas-
ments addressing any matters specified ures.
in the notice. The submitter will have (a) For any measure required by part
at least 60 days to submit its proposed 104, 105, or 106 of this subchapter, the
amendments. owner or operator may substitute an
(2) Proposed amendments must be equivalent security measure that has
sent to the Commandant (CG-54). If ini- been approved by the Commandant
tiated by the submitter, the proposed (CG-54) as meeting or exceeding the ef-
amendment must be submitted at least fectiveness of the required measure.

30 days before the amendment is to The Commandant (CG-54) may require
take effect unless the Commandant that the owner or operator provide
322
data for use in assessing the effective- Table 101.205, titled Relation between
ness of the proposed equivalent secu- HSAS and MARSEC Levels in this
rity measure. section, shows this alignment.
(b) Requests for approval of equiva-
lent security measures should be made TABLE 101.205RELATION BETWEEN HSAS
to the appropriate plan approval au- AND MARSEC LEVELS
thority under parts 104, 105 or 106 of Homeland security advisory sys- Equivalent maritime secu-
this subchapter. tem (HSAS) threat condition rity (MARSEC) level
Low: Green ................................. MARSEC Level 1.

Subpart BMaritime Security Guarded: Blue.
(MARSEC) Levels Elevated: Yellow.
High: Orange .............................. MARSEC Level 2.

101.200 MARSEC Levels.
Severe: Red ............................... MARSEC Level 3.
(a) MARSEC Levels advise the mari-
time community and the public of the
level of risk to the maritime elements [USCG200314792, 68 FR 39278, July 1, 2003, as
of the national transportation system. amended at 68 FR 60472, Oct. 22, 2003]
Ports, under direction of the local
COTP, will respond to changes in the Subpart CCommunication
MARSEC Level by implementing the (PortFacilityVessel)
measures specified in the AMS Plan.
Similarly, vessels and facilities re- 101.300 Preparedness communica-
quired to have security plans under tions.
part 104, 105, or 106 of this subchapter (a) Notification of MARSEC Level
shall implement the measures specified change. The COTP will communicate
in their security plans for the applica- any changes in the MARSEC Levels
ble MARSEC Level. through a local Broadcast Notice to
(b) Unless otherwise directed, each Mariners, an electronic means, if avail-
port, vessel, and facility shall operate able, or as detailed in the AMS Plan.
at MARSEC Level 1. (b) Communication of threats. When
(c) The Commandant will set the the COTP is made aware of a threat
MARSEC Level consistent with the that may cause a transportation secu-
equivalent Homeland Security Advi- rity incident, the COTP will, when ap-
sory System (HSAS) Threat Condition propriate, communicate to the port
and that Threat Conditions scope of stakeholders, vessels, and facilities in
application. Notwithstanding the his or her AOR the following details:
HSAS, the Commandant retains discre- (1) Geographic area potentially im-
tion to adjust the MARSEC Level when pacted by the probable threat;
necessary to address any particular se- (2) Any appropriate information iden-
curity concerns or circumstances re- tifying potential targets;
lated to the maritime elements of the (3) Onset and expected duration of
national transportation system. probable threat;
(d) The COTP may temporarily raise (4) Type of probable threat; and
the MARSEC Level for the port, a spe- (5) Required actions to minimize
cific marine operation within the port, risk.
or a specific industry within the port, (c) Attainment. (1) Each owner or op-
when necessary to address an exigent erator of a vessel or facility required to
circumstance immediately affecting have a security plan under parts 104 or
the security of the maritime elements 105 of this subchapter affected by a
of the transportation system in his/her change in the MARSEC Level must en-
area of responsibility. sure confirmation to their local COTP
the attainment of measures or actions
101.205 Department of Homeland Se- described in their security plan and
curity alignment. any other requirements imposed by the
The MARSEC Levels are aligned with COTP that correspond with the
the Department of Homeland Secu- MARSEC Level being imposed by the
change.
ritys Homeland Security Advisory

System (HSAS), established by Home- (2) Each owner or operator of a facil-
land Security Presidential Directive 3. ity required to have a security plan
323
101.305 33 CFR Ch. I (7110 Edition)
under part 106 of this subchapter af- (d) Callers to the National Response
fected by a change in the MARSEC Center should be prepared to provide as
Level must ensure confirmation to much of the following information as
their cognizant District Commander possible:
the attainment of measures or actions (1) Their own name and contact in-
described in their security plan and formation;
any other requirements imposed by the (2) The name and contact informa-
District Commander or COTP that cor- tion of the suspicious or responsible
respond with the MARSEC Level being party;
imposed by the change. (3) The location of the incident, as
specifically as possible; and
[USCG200314792, 68 FR 39278, July 1, 2003, as (4) The description of the incident or
amended at 68 FR 60472, Oct. 22, 2003]
activity involved.
101.305 Reporting. [USCG200314792, 68 FR 39278, July 1, 2003, as
(a) Notification of suspicious activities. June 23, 2004; USCG200521531, 70 FR 36349,
An owner or operator required to have June 23, 2005; USCG200625150, 71 FR 39208,
a security plan under part 104, 105, or July 12, 2006; USCG20080179, 73 FR 35009,
106 of this subchapter shall, without June 19, 2008]
delay, report activities that may result
in a transportation security incident to 101.310 Additional communication
the National Response Center at the devices.
following toll free telephone: 1800424 (a) Alert Systems. Alert systems, such
8802, direct telephone 2022672675, or as the ship security alert system re-
TDD 2022674477. Any other person or quired in SOLAS Chapter XI2, Regula-
entity is also encouraged to report action 6 (Incorporated by reference, see
tivities that may result in a transpor- 101.115), may be used to augment com-
tation security incident to the Na- munication and may be one of the com-
tional Response Center. munication methods listed in a vessel
(b) Notification of breaches of security. or facility security plan under part 104,
An owner or operator required to have 105, or 106 of this subchapter.
a security plan under parts 104, 105, or (b) Automated Identification Systems
106 of this subchapter shall, without (AIS). AIS may be used to augment
delay, report breaches of security to communication, and may be one of the
the National Response Center via one communication methods listed in a
of the means listed in paragraph (a) of vessel security plan under part 104 of
this section. this subchapter. See 33 CFR part 164 for
(c) Notification of transportation secu- additional information on AIS device
rity incident (TSI). (1) Any owner or op- requirements.
erator required to have a security plan
under part 104 or 105 of this subchapter Subpart DControl Measures for
shall, without delay, report a TSI to Security
their local COTP and immediately
thereafter begin following the proce- 101.400 Enforcement.
dures set out in their security plan, (a) The rules and regulations in this
which may include contacting the Na- subchapter are enforced by the COTP
tional Response Center via one of the under the supervision and general di-
means listed in paragraph (a) of this rection of the District Commander,
section. Area Commander, and the Com-
(2) Any owner or operator required to mandant. All authority and power
have a security plan under part 106 of vested in the COTP by the rules and
this subchapter shall, without delay, regulations in this subchapter is also
report a TSI to their cognizant District vested in, and may be exercised by, the
Commander and immediately there- District Commander, Area Commander,
after begin following the procedures set and the Commandant.
out in their security plan, which may (b) The COTP, District Commander,
include contacting the National Re- Area Commander, or Commandant may

sponse Center via one of the means assign the enforcement authority de-
listed in paragraph (a) of this section. scribed in paragraph (a) of this section
324
to any other officer or petty officer of subchapter that receives a MARSEC

the Coast Guard or other designees au- Directive must:
thorized by the Commandant. (1) Within the time prescribed in the
(c) The provisions in this subchapter MARSEC Directive, acknowledge re-
do not limit the powers conferred upon ceipt of the MARSEC Directive to their
Coast Guard commissioned, warrant, or local COTP or, if a facility regulated
petty officers by any other law or regu- under part 106 of this subchapter, to
lation, including but not limited to 33 their cognizant District Commander;
CFR parts 6, 160, and 165. and
(2) Within the time prescribed in the
101.405 Maritime Security (MARSEC) MARSEC Directive, specify the method
Directives. by which the measures in the MARSEC
Directive have been implemented (or
(a)(1) When the Coast Guard deter-
will be implemented, if the MARSEC
mines that additional security meas-
Directive is not yet effective).
ures are necessary to respond to a (d) In the event that the owner or op-
threat assessment or to a specific erator of a vessel or facility required to
threat against the maritime elements have a security plan under part 104, 105,
of the national transportation system, or 106 of this subchapter is unable to
the Coast Guard may issue a MARSEC implement the measures in the
Directive setting forth mandatory MARSEC Directive, the owner or oper-
measures. Only the Commandant or ator must submit proposed equivalent
his/her delegee may issue MARSEC Di- security measures and the basis for
rectives under this section. Prior to submitting the equivalent security
issuing a MARSEC Directive, the Com- measures to the COTP or, if a facility
mandant or his/her delegee will consult regulated under part 106 of this sub-
with those Federal agencies having an chapter, to their cognizant District
interest in the subject matter of that Commander, for approval.
MARSEC Directive. All MARSEC Di- (e) The owner or operator must sub-
rectives issued under this section shall mit the proposed equivalent security
be marked as sensitive security infor- measures within the time prescribed in
mation (SSI) in accordance with 49 the MARSEC Directive. The owner or
CFR part 1520. operator must implement any equiva-
(2) When a MARSEC Directive is lent security measures approved by the
issued, the Coast Guard will imme- COTP, or, if a facility regulated under
diately publish a notice in the FEDERAL part 106 of this subchapter, by their
REGISTER, and affected owners and op- cognizant District Commander.
erators will need to go to their local
[USCG200314792, 68 FR 39278, July 1, 2003, as
COTP or cognizant District Com- amended at 68 FR 60472, Oct. 22, 2003]
mander to acquire a copy of the
MARSEC Directive. COTPs and Dis- 101.410 Control and Compliance
trict Commanders will require owners Measures.
or operators to prove that they are a (a) The COTP may exercise authority
person required by 49 CFR 1520.5(a) to pursuant to 33 CFR parts 6, 160 and 165,
restrict disclosure of and access to sen- as appropriate, to rectify non-compli-
sitive security information, and that ance with this subchapter. COTPs or
under 49 CFR 1520.5(b), they have a their designees are the officers duly au-
need to know sensitive security infor- thorized to exercise control and com-
mation. pliance measures under SOLAS Chap-
(b) Each owner or operator of a vessel ter XI2, Regulation 9, and the ISPS
or facility to whom a MARSEC Direc- Code (Incorporated by reference, see
tive applies is required to comply with 101.115).
the relevant instructions contained in (b) Control and compliance measures
a MARSEC Directive issued under this for vessels not in compliance with this
section within the time prescribed by subchapter may include, but are not
that MARSEC Directive. limited to, one or more of the fol-
(c) Each owner or operator of a vessel lowing:

or facility required to have a security (1) Inspection of the vessel;
plan under parts 104, 105 or 106 of this (2) Delay of the vessel;
325
101.415 33 CFR Ch. I (7110 Edition)
(3) Detention of the vessel; ministration of this provision will be in

(4) Restriction of vessel operations; accordance with 33 CFR 1.07.
(5) Denial of port entry; [USCG200314792, 68 FR 39278, July 1, 2003, as
(6) Expulsion from port; amended by USCG20080179, 73 FR 35009,
(7) Lesser administrative and correc- June 19, 2008]
tive measures; or
(8) Suspension or revocation of a se-
curity plan approved by the U.S., (a) Any person directly affected by a
thereby making that vessel ineligible decision or action taken by a COTP
to operate in, on, or under waters sub- under this subchapter, may appeal that
ject to the jurisdiction of the U.S. in action or decision to the cognizant Dis-
trict Commander according to the pro-
accordance with 46 U.S.C. 70103(c)(5).
cedures in 46 CFR 1.0315.
(c) Control and compliance measures (b) Any person directly affected by a
for facilities not in compliance with decision or action taken by a District
this subchapter may include, but are Commander, whether made under this
not limited to, one or more of the fol- subchapter generally or pursuant to
lowing: paragraph (a) of this section, with the
(1) Restrictions on facility access; exception of those decisions made
(2) Conditions on facility operations; under 101.410 of this subpart, may ap-
(3) Suspension of facility operations; peal that decision or action to the
(4) Lesser administrative and correc- Commandant (CG-54), according to the
tive measures; or procedures in 46 CFR 1.0315. Appeals of
(5) Suspension or revocation of secu- District Commander decisions or ac-
rity plan approval, thereby making tions made under 101.410 of this sub-
that facility ineligible to operate in, part should be made to the Com-
on, under or adjacent to waters subject mandant (CG-543), according to the
to the jurisdiction of the U.S. in ac- procedures in 46 CFR 1.0315.
(c) Any person directly affected by a
cordance with 46 U.S.C. 70103(c)(5).
decision or action taken by the Com-
(d) Control and compliance measures manding Officer, Marine Safety Center,
under this section may be imposed on a under this subchapter, may appeal that
vessel when it has called on a facility action or decision to the Commandant
or at a port that does not maintain (CG-54) according to the procedures in
adequate security measures to ensure 46 CFR 1.0315.
that the level of security to be (d) Decisions made by Commandant
achieved by this subchapter has not (CG-54), whether made under this sub-
been compromised. chapter generally or pursuant to the
[USCG200314792, 68 FR 39278, July 1, 2003, as
appeal provisions of this section, are
amended at 68 FR 60472, Oct. 22, 2003] considered final agency action.
[USCG200314792, 68 FR 39278, July 1, 2003, as
101.415 Penalties. amended at 68 FR 60472, Oct. 22, 2003; 68 FR
62502, Nov. 4, 2003; USCG20080179, 73 FR
(a) Civil and criminal penalty. Viola-
35009, June 19, 2008]
tion of any order or other requirement
imposed under section 101.405 of this
part is punishable by the civil and
Subpart EOther Provisions
criminal penalties prescribed in 33 101.500 Procedures for authorizing a
U.S.C. 1232 or 50 U.S.C. 192, as appro- Recognized Security Organization
priate. (RSO). [Reserved]
(b) Civil penalty. As provided in 46
101.505 Declaration of Security
U.S.C. 70119, any person who does not (DoS).
comply with any other applicable re-
quirement under this subchapter, in- (a) The purpose of a DoS, as described
cluding a Maritime Security Directive, in SOLAS Chapter XI2, Regulation 10,
shall be liable to the U.S. for a civil and the ISPS Code (Incorporated by
reference, see 101.115), is to state the

penalty of not more than $ 25,000 for
agreement reached between a vessel
each violation. Enforcement and ad-
and a facility, or between vessels in the
326
case of a vessel-to-vessel activity, as to (3) Navigation and Vessel Inspection

the respective security measures each Circular titled, Security Guidelines
must undertake during a specific ves- for Facilities, (NVIC 1102 change 1).
sel-to-facility interface, during a series [USCG200314792, 68 FR 39278, July 1, 2003, as
of interfaces between the vessel and amended at 68 FR 60472, Oct. 22, 2003; USCG
the facility, or during a vessel-to-ves- 20080179, 73 FR 35009, June 19, 2008]
sel activity.
101.514 TWIC Requirement.
(b) Details as to who must complete
a DoS, when a DoS must be completed, (a) All persons requiring unescorted
and how long a DoS must be retained access to secure areas of vessels, facili-
are included in parts 104 through 106 of ties, and OCS facilities regulated by
this subchapter. A DoS must, at a min- parts 104, 105 or 106 of this subchapter
imum, include the information found must possess a TWIC before such access
is granted, except as otherwise noted in
in the ISPS Code, part B, appendix 1
this section. A TWIC must be obtained
(Incorporated by reference, see
via the procedures established by TSA
101.115). in 49 CFR part 1572.
(c) All vessels and facilities required (b) Federal officials are not required
to comply with parts 104, 105, and 106 of to obtain or possess a TWIC. Except in
this subchapter must, at a minimum, cases of emergencies or other exigent
comply with the DoS requirements of circumstances, in order to gain
the MARSEC Level set for the port. unescorted access to a secure area of a
(d) The COTP may also require a DoS vessel, facility, or OCS facility regu-
be completed for vessels and facilities lated by parts 104, 105 or 106 of this sub-
during periods of critical port oper- chapter, a federal official must present
ations, special marine events, or when his/her agency issued, HSPD 12 compli-
vessels give notification of a higher ant credential. Until each agency
MARSEC Level than that set in the issues its HSPD 12 compliant cards,
COTPs Area of Responsibility (AOR). Federal officials may gain unescorted
access by using their agencys official
[USCG200314792, 68 FR 39278, July 1, 2003, as credential. The COTP will advise facili-
amended at 68 FR 60472, Oct. 22, 2003] ties and vessels within his or her area
of responsibility as agencies come into
101.510 Assessment tools. compliance with HSPD 12.
Ports, vessels, and facilities required (c) Law enforcement officials at the
to conduct security assessments by State or local level are not required to
part 103, 104, 105, or 106 of this sub- obtain or possess a TWIC to gain
chapter may use any assessment tool unescorted access to secure areas. They
that meets the standards set out in may, however, voluntarily obtain a
part 103, 104, 105, or 106, as applicable. TWIC where their offices fall within or
These tools may include: where they require frequent unescorted
(a) DHS/TSAs vulnerability self-as- access to a secure area of a vessel, fa-
sessment tool located at http:// cility or OCS facility.
(d) Emergency responders at the
www.tsa.gov/risk; and
State, or local level are not required to
(b) USCG assessment tools, available obtain or possess a TWIC to gain
from the cognizant COTP or at http:// unescorted access to secure areas dur-
www.uscg.mil/hq/g-m/nvic, as set out in ing an emergency situation. They may,
the following: however, voluntarily obtain a TWIC
(1) Navigation and Vessel Inspection where their offices fall within or where
Circular titled, Guidelines for Port they desire frequent unescorted access
Security Committees, and Port Secu- to a secure area of a vessel, facility or
rity Plans Required for U.S. Ports OCS facility in non-emergency situa-
(NVIC 902 change 2); tions.
(2) Navigation and Vessel Inspection (e) Before April 15, 2009, mariners do
Circular titled, Security Guidelines not need to obtain or possess a TWIC
for Vessels, (NVIC 1002 change 1); and but may be provided unescorted access
to secure areas of vessels, facilities,
and OCS facilities regulated by parts
327
101.515 33 CFR Ch. I (7110 Edition)
104, 105 or 106 of this subchapter if they Coast Guard, or other authorized DHS
are able to show one of the following: representative; an authorized rep-
(1) A valid Merchant Mariner Docu- resentative of the National Transpor-
ment (MMD); tation Safety Board; or a Federal,
(2) A valid Merchant Mariner License State, or local law enforcement officer.
and a valid photo identification; or (2) Each person who has been issued
(3) A valid Certificate of Registry and or who possesses a TWIC must allow
a valid photo identification.
his or her TWIC to be read by a reader
[USCG200624196, 72 FR 3578, Jan. 25, 2007, as and must submit his or her reference
amended at 73 FR 25565, May 7, 2008] biometric, such as a fingerprint, and
any other required information, such
101.515 TWIC/Personal Identification.
as a PIN, to the reader, upon a request
(a) Persons not described in 101.514 from TSA, the Coast Guard, other au-
of this part shall be required to present thorized DHS representative; or a Fed-
personal identification in order to gain eral, State, or local law enforcement
entry to a vessel, facility, and OCS fa-
officer.
cility regulated by parts 104, 105 or 106
of this subchapter. These individuals [USCG200624196, 72 FR 3578, Jan. 25, 2007]
must be under escort, as that term is
defined in 101.105 of this part, while PART 102MARITIME SECURITY:
inside a secure area. This personal
identification must, at a minimum,
NATIONAL MARITIME TRANSPOR-
meet the following requirements: TATION SECURITY [RESERVED]
(1) Be laminated or otherwise secure
against tampering; PART 103MARITIME SECURITY:
(2) Contain the individuals full name AREA MARITIME SECURITY
(full first and last names, middle ini-
tial is acceptable); Subpart AGeneral
(3) Contain a photo that accurately
depicts that individuals current facial Sec.
appearance; and 103.100 Applicability.
(4) Bear the name of the issuing au- 103.105 Definitions.
thority.
(b) The issuing authority in para- Subpart BFederal Maritime Security Co-
graph (a)(4) of this section must be: ordinator (FMSC) Designation and Au-
(1) A government authority, or an or- thorities
ganization authorized to act of behalf
103.200 Designation of the Federal Maritime
of a government authority; or Security Coordinator (FMSC).
(2) The individuals employer, union, 103.205 Authority of the COTP as the Fed-
or trade association. eral Maritime Security Coordinator
(c) Vessel, facility, and OCS facility (FMSC).
owners and operators must permit law
enforcement officials, in the perform- Subpart CArea Maritime Security (AMS)
ance of their official duties, who Committee
present proper identification in accord-
ance with this section and 101.514 of 103.300 Area Maritime Security (AMS) Com-
this part to enter or board that vessel, mittee.
facility, or OCS facility at any time, 103.305 Composition of an Area Maritime
without delay or obstruction. Law en- Security (AMS) Committee.
forcement officials, upon entering or 103.310 Responsibilities of the Area Mari-
time Security (AMS) Committee.
boarding a vessel, facility, or OCS fa-
cility, will, as soon as practicable, ex- Subpart DArea Maritime Security (AMS)
plain their mission to the Master, Assessment
owner, or operator, or their designated
agent. 103.400 General.
(d) Inspection of credential. (1) Each 103.405 Elements of the Area Maritime Se-
person who has been issued or possesses curity (AMS) Assessment.

a TWIC must present the TWIC for in- 103.410 Persons involved in the Area Mari-
spection upon a request from TSA, the time Security (AMS) Assessment.
328
Subpart EArea Maritime Security (AMS) (4) Implement and exercise the AMS
Plan Plan; and
(5) Maintain the records required by
103.500 General.
103.505 Elements of the Area Maritime Se- 103.520 of this part.
curity (AMS) Plan. (b) The authorizations in paragraph
103.510 Area Maritime Security (AMS) Plan (a) of this section do not limit any
review and approval. other existing authority of the COTP.
103.515 Exercises.
103.520 Recordkeeping.
Subpart CArea Maritime
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C.
70102, 70103, 70104, 70112; 50 U.S.C. 191; 33 CFR
Security (AMS) Committee
1.051, 6.0411, 6.14, 6.16, and 6.19; Department
of Homeland Security Delegation No. 0170.1.
103.300 Area Maritime Security
(AMS) Committee.
SOURCE: USCG200314733, 68 FR 39290, July
1, 2003, unless otherwise noted. (a) The AMS Committee is estab-
lished under the direction of the COTP
and shall assist in the development, re-
Subpart AGeneral view, and update of the AMS Plan for
103.100 Applicability. their area of responsibility. For the
purposes of this subchapter, Port Secu-
This part applies to all vessels and rity Committees that were established
facilities located in, on, under, or adja- prior to July 1, 2003, according to guid-
cent to waters subject to the jurisdic- ance issued by the Coast Guard, may be
tion of the U.S. considered AMS Committees, provided
103.105 Definitions. they conform to the procedures estab-
lished by this part and satisfy the
Except as specifically stated in this membership requirements of 103.305 of
subpart, the definitions in part 101 of this part.
this subchapter apply to this part. (b) The AMS Committee will operate
under terms specified in a written
Subpart BFederal Maritime Se- charter. At a minimum, the charter
curity Coordinator (FMSC) must address:
Designation and Authorities (1) The AMS Committees purpose
and geographic area of responsibility;
103.200 Designation of the Federal (2) Rules for membership;
Maritime Security Coordinator
(FMSC). (3) The AMS Committees organiza-
tional structure and procedural rules of
The COTPs are the Federal Maritime order;
Security Coordinators for their respec- (4) Frequency of meetings, to include
tive COTP zones described in 33 CFR not less than once in a calendar year or
part 3, including all ports and areas lo- when requested by a majority of the
cated therein. AMS Committee members;
103.205 Authority of the COTP as the (5) Guidelines for public access to
Federal Maritime Security Coordi- AMS Committee meetings and records;
nator (FMSC). and
(a) Without limitation to the author- (6) Rules for handling and protecting
ity vested in the COTP by statute or classified, sensitive security, commer-
regulation, and in addition to author- cially sensitive, and proprietary infor-
ity prescribed elsewhere in this part, mation.
the COTP as the FMSC is authorized
to: 103.305 Composition of an Area Mari-
time Security (AMS) Committee.
(1) Establish, convene, and direct the
Area Maritime Security (AMS) Com- (a) An AMS Committee will be com-
mittee; posed of not less than seven members
(2) Appoint members to the AMS having an interest in the security of
Committee; the area and who may be selected
from
(3) Develop and maintain, in coordi-

nation with the AMS Committee, the (1) The Federal, Territorial, or Tribal
AMS Plan; government;
329
103.310 33 CFR Ch. I (7110 Edition)
(2) The State government and polit- Subpart DArea Maritime

ical subdivisions thereof; Security (AMS) Assessment
(3) Local public safety, crisis man-
agement and emergency response agen- 103.400 General.
cies;
(4) Law enforcement and security or- (a) The Area Maritime Security
ganizations; (AMS) Committee will ensure that a
(5) Maritime industry, including risk based AMS Assessment, is com-
labor; pleted and meets the requirements
(6) Other port stakeholders having a specified in 103.310 of this part and
special competence in maritime secu- 101.510 of this subchapter, incor-
rity; and porating the elements specified in
(7) Port stakeholders affected by se- 103.405 of this part.
curity practices and policies. (b) AMS Assessments can be com-
(b) At least seven of the members pleted by the COTP, the AMS Com-
must each have 5 or more years of ex- mittee, a Coast Guard Port Security
perience related to maritime or port Assessment team, or by another third
security operations. party approved by the AMS Com-
(c) Members appointed under this mittee.
section serve for a term of not more (c) Upon completion of each AMS As-
than five years. In appointing mem- sessment, a written report, which is
bers, the FMSC should consider the designated sensitive security informa-
skills required by 103.410 of this part. tion, must be prepared consisting of:
With the exception of credentialed Fed- (1) A summary of how the AMS As-
eral, state and local officials, all AMS sessment was conducted;
Committee members shall have a (2) A description of each vulner-
name-based terrorist check from TSA, ability and consequences found during
hold a TWIC, or have passed a com- the AMS Assessment; and
parable security threat assessment, if (3) A description of risk reduction
they need access to SSI as determined strategies that could be used to ensure
by the FMSC. continued operation at an acceptable
[USCG200314733, 68 FR 39290, July 1, 2003, as risk level.
amended at 68 FR 60482, Oct. 22, 2003; USCG
200624196, 72 FR 3579, Jan. 25, 2007] 103.405 Elements of the Area Mari-
time Security (AMS) Assessment.
103.310 Responsibilities of the Area
Maritime Security (AMS) Com- (a) The AMS Assessment must in-
mittee. clude the following elements:
(1) Identification of the critical Ma-
(a) The AMS Committee shall:
rine Transportation System infrastruc-
(1) Identify critical port infrastruc-
ture and operations in the port;
ture and operations;
(2) Identify risks (threats, (2) Threat assessment that identifies
vulnerabilities, and consequences); and evaluates each potential threat on
(3) Determine mitigation strategies the basis of various factors, including
and implementation methods; capability and intention;
(4) Develop and describe the process (3) Consequence and vulnerability as-
to continually evaluate overall port se- sessment for each target/scenario com-
curity by considering consequences and bination; and
vulnerabilities, how they may change (4) A determination of the required
over time, and what additional mitiga- security measures for the three
tion strategies can be applied; and MARSEC Levels.
(5) Provide advice to, and assist the (b) In order to meet the elements
COTP in, developing the AMS Plan. listed in paragraph (a) of this section,
(b) The AMS Committee shall also an AMS Assessment should consider
serve as a link for communicating each of the following:
threats and changes in MARSEC Lev- (1) Physical security of infrastruc-
ture and operations at the port;
els, and disseminating appropriate se-

curity information to port stake- (2) Structures considered critical for
holders. the continued operation of the port;
330
(3) Existing security systems and Subpart EArea Maritime Security

equipment available to protect mari- (AMS) Plan
time personnel;
(4) Procedural policies; 103.500 General.
(5) Radio and telecommunication sys- (a) The Area Maritime Security
tems, including computer systems and (AMS) Plan is developed by the COTP,
networks; in consultation with the AMS Com-
(6) Relevant transportation infra- mittee, and is based on an AMS Assess-
structure; ment that meets the provisions of sub-
(7) Utilities; part D of this part. The AMS Plan
(8) Security resources and capabili- must be consistent with the National
ties; and Maritime Transportation Security
(9) Other areas that may, if damaged, Plan and the National Transportation
pose a risk to people, infrastructure, or Security Plan.
operations within the port. (b) Portions of the AMS Plan may
(c) AMS Assessments are sensitive contain sensitive security information,
security information and must be pro- and those portions must be marked as
tected in accordance with 49 CFR part such and protected in accordance with
1520. 49 CFR part 1520.
103.410 Persons involved in the Area [USCG200314733, 68 FR 39290, July 1, 2003, as
Maritime Security (AMS) Assess- amended at 68 FR 60482, Oct. 22, 2003]
ment.
103.505 Elements of the Area Mari-
The persons carrying out the AMS time Security (AMS) Plan.
Assessment must have the appropriate
The AMS Plan should address the fol-
skills to evaluate the security of the
lowing elements, as applicable:
port in accordance with this part. This
(a) Details of both operational and
includes being able to draw upon expert
physical measures that are in place in
assistance in relation to:
the port at MARSEC Level 1;
(a) Knowledge of current security
(b) Details of the additional security
threats and patterns;
measures that enable the port to
(b) Recognition and detection of dan-
progress, without delay, to MARSEC
gerous substances, and devices;
Level 2 and, when necessary, to
(c) Recognition, on a non-discrimina- MARSEC Level 3;
tory basis, of characteristics and be- (c) Details of the security incident
havioral patterns of persons who are command-and-response structure;
likely to threaten security; (d) Details for regular audit of the
(d) Techniques used to circumvent se- AMS Plan, and for its amendment in
curity measures; response to experience or changing cir-
(e) Methods used to cause a transpor- cumstances;
tation security incident; (e) Measures to prevent the introduc-
(f) Effects of dangerous substances tion of dangerous substances and de-
and devices on structures and port vices into designated restricted areas
services; within the port;
(g) Port security requirements; (f) Measures to prevent unauthorized
(h) Port business practices; access to designated restricted areas
(i) Contingency planning, emergency within the port (e.g., TWIC);
preparedness, and response; (g) Procedures and expected time-
(j) Physical security measures; frames for responding to security
(k) Radio and telecommunications threats or breaches of security, includ-
systems, including computer systems ing provisions for maintaining infra-
and networks; structure and operations in the port;
(l) Transportation and civil engineer- (h) Procedures for responding to any
ing; security instructions the Coast Guard
(m) Vessel and port operations; and announces at MARSEC Level 3;
(n) Knowledge of the impact, includ- (i) Procedures for evacuation within
ing cost impacts of implementing secu- the port in case of security threats or
rity measures on port operations. breaches of security;
331
103.510 33 CFR Ch. I (7110 Edition)
(j) Procedures for periodic plan re- MARSEC Levels, and who is respon-
view, exercise, and updating; sible for implementing those measures.
(k) Procedures for reporting trans- [USCG200314733, 68 FR 39290, July 1, 2003, as
portation security incidents (TSI); amended at 68 FR 60482, Oct. 22, 2003; USCG
(l) Identification of, and methods to 200624196, 72 FR 3579, Jan. 25, 2007]
communicate with, Facility Security
Officers (FSO), Company Security Offi- 103.510 Area Maritime Security
(AMS) Plan review and approval.
cers (CSO), Vessel Security Officers
(VSO), public safety officers, emer- Each AMS Plan will be submitted to
gency response personnel, and crisis the cognizant District Commander for
management organization representa- review and then forwarded to the Area
tives within the port, including 24-hour Commander for approval.
contact details;
103.515 Exercises.
(m) Measures to ensure the security
of the information contained in the (a) The COTP shall coordinate with
AMS Plan; the Area Maritime Security (AMS)
Committee to conduct or participate in
(n) Security measures designed to en-
an exercise at least once each calendar
sure effective security of infrastruc-
year, with no more than 18 months be-
ture, special events, vessels, pas-
tween exercises, to test the effective-
sengers, cargo, and cargo handling ness of the AMS Plan.
equipment at facilities within the port (b) An exercise may consist of any of
not otherwise covered by a Vessel or the following:
Facility Security Plan, approved under (1) A tabletop exercise to validate the
part 104, 105, or 106 of this subchapter; AMS Plan. No equipment or personnel
(o) Procedures to be taken when a deployment is required;
vessel is at a higher security level than (2) A field training exercise con-
the facility or port it is visiting; sisting of personnel deployment and
(p) Procedures for responding if a ves- use of security equipment; or
sel security alert system on board a (3) A combination of 103.515(b)(1) and
vessel within or near the port has been (b)(2).
activated; (c) Upon review by the cognizant Dis-
(q) Procedures for communicating trict Commander, and approval by the
appropriate security and threat infor- cognizant Area Commander, the re-
mation to the public; quirements of this section may be sat-
(r) Procedures for handling reports isfied by
from the public and maritime industry (1) Participation of the COTP and ap-
propriate AMS Committee members or
regarding suspicious activity;
other appropriate port stakeholders in
(s) The jurisdiction of Federal, State,
an emergency response or crisis man-
Indian Tribal, and local government agement exercise conducted by another
agencies and law enforcement entities governmental agency or private sector
over area security related matters; entity, provided that the exercise ad-
(t) Security resources available for dresses components of the AMS Plan;
incident response and their capabili- (2) An actual increase in MARSEC
ties; Level; or
(u) Procedures for responding to a (3) Implementation of enhanced secu-
TSI; rity measures enumerated in the AMS
(v) Procedures to facilitate the recov- Plan during periods of critical port op-
ery of the Marine Transportation Sys- erations or special marine events.
tem after a TSI; and [USCG200314733, 68 FR 39290, July 1, 2003, as
(w) Identification of any facility oth- amended at 68 FR 60483, Oct. 22, 2003]
erwise subject to part 105 of this sub-
chapter that the COTP has designated 103.520 Recordkeeping.
as a public access facility within the (a) All records pertaining to the Area
area, the security measures that must
Maritime Security (AMS) Assessment

be implemented at the various and AMS Plan will be retained by the
COTP for 5 years.
332
(b) Exercise documentation will be 104.305 Vessel Security Assessment (VSA)

kept by the COTP for 2 years. requirements.
104.310 Submission requirements.
PART 104MARITIME SECURITY: Subpart DVessel Security Plan (VSP)
VESSELS
104.400 General.
Subpart AGeneral 104.405 Format of the Vessel Security Plan
(VSP).
Sec. 104.410 Submission and approval.
104.100 Definitions. 104.415 Amendment and audit.
104.106 Passenger access area. AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C.
104.107 Employee access area. Chapter 701; 50 U.S.C. 191; 33 CFR 1.051, 6.04
104.110 Exemptions. 11, 6.14, 6.16, and 6.19; Department of Home-
104.115 Compliance. land Security Delegation No. 0170.1.
104.120 Compliance documentation. SOURCE: USCG200314749, 68 FR 39302, July
104.125 Noncompliance. 1, 2003, unless otherwise noted.
104.130 Waivers.
104.135 Equivalents.
104.140 Alternative Security Programs. Subpart AGeneral
104.145 Maritime Security (MARSEC) Direc-
tive. 104.100 Definitions.
Except as specifically stated in this
Subpart BVessel Security Requirements subpart, the definitions in part 101 of
this subchapter apply to this part.
104.200 Owner or operator.
104.205 Master. 104.105 Applicability.
104.210 Company Security Officer (CSO).
104.215 Vessel Security Officer (VSO). (a) This part applies to the owner or
104.220 Company or vessel personnel with operator of any:
security duties. (1) Mobile Offshore Drilling Unit
104.225 Security training for all other vessel (MODU), cargo, or passenger vessel
personnel. subject to the International Conven-
104.230 Drill and exercise requirements.
104.235 Vessel recordkeeping requirements. tion for Safety of Life at Sea, 1974,
104.240 Maritime Security (MARSEC) Level (SOLAS), Chapter XI1 or Chapter XI
coordination and implementation. 2;
104.245 Communications. (2) Foreign cargo vessel greater than
104.250 Procedures for interfacing with fa- 100 gross register tons;
cilities and other vessels. (3) Self-propelled U.S. cargo vessel
104.255 Declaration of Security (DoS).
104.260 Security systems and equipment greater than 100 gross register tons
maintenance. subject to 46 CFR subchapter I, except
104.265 Security measures for access con- commercial fishing vessels inspected
trol. under 46 CFR part 105;
104.267 Security measures for newly hired (4) Vessel subject to 46 CFR chapter
employees. I, subchapter L;
104.270 Security measures for restricted
areas.
(5) Passenger vessel subject to 46 CFR
104.275 Security measures for handling chapter I, subchapter H;
cargo. (6) Passenger vessel certificated to
104.280 Security measures for delivery of carry more than 150 passengers;
vessel stores and bunkers. (7) Other passenger vessel carrying
104.285 Security measures for monitoring. more than 12 passengers, including at
104.290 Security incident procedures.
least one passenger-for-hire, that is en-
104.292 Additional requirementspassenger
vessels and ferries. gaged on an international voyage;
104.295 Additional requirementscruise (8) Barge subject to 46 CFR chapter I,
ships. subchapters D or O;
104.297 Additional requirementsvessels on (9) Barge carrying certain dangerous
international voyages. cargo in bulk or barge that is subject
to 46 CFR Chapter I, subchapter I, that
Subpart CVessel Security Assessment
is engaged on an international voyage.
(VSA)
(10) Tankship subject to 46 CFR chap-
104.300 General. ter I, subchapters D or O; and
333
104.106 33 CFR Ch. I (7110 Edition)
(11) Towing vessel greater than eight (2) Transit through the navigable wa-
meters in registered length that is enters of the U.S. that form a part of an
gaged in towing a barge or barges sub- international strait.
ject to this part, except a towing vessel [USCG200314749, 68 FR 39302, July 1, 2003, as
that amended at 68 FR 60513, Oct. 22, 2003; USCG
(i) Temporarily assists another vessel 200418057, 69 FR 34925, June 23, 2004; USCG
engaged in towing a barge or barges 200419963, 70 FR 74669, Dec. 16, 2005; USCG
subject to this part; 200624196, 72 FR 3579, Jan. 25, 2007]
(ii) Shifts a barge or barges subject 104.106 Passenger access area.
to this part at a facility or within a
fleeting facility; (a) A ferry, passenger vessel, or
(iii) Assists sections of a tow through cruise ship may designate areas within
a lock; or the vessel as passenger access areas.
(b) A passenger access area is a de-
(iv) Provides emergency assistance.
fined space, within the area over which
(b) An owner or operator of any ves- the owner or operator has implemented
sel not covered in paragraph (a) of this security measures for access control, of
section is subject to parts 101 through a ferry, passenger vessel, or cruise ship
103 of this subchapter. that is open to passengers. It is not a
(c) Foreign Vessels that have on secure area and does not require a
board a valid International Ship Secu- TWIC for unescorted access.
rity Certificate that certifies that the (c) Passenger access areas may not
verifications required by part A, Sec- include any areas defined as restricted
tion 19.1, of the International Ship and areas in the VSP.
Port Facility Security (ISPS) Code (In-
[USCG200624196, 72 FR 3579, Jan. 25, 2007, as
corporated by reference, see 101.115 of amended by USCG20080179, 73 FR 35009,
this subchapter) have been completed June 19, 2008]
will be deemed in compliance with this
part, except for 104.240, 104.255, 104.107 Employee access area.
104.292, and 104.295, as appropriate. This (a) A ferry or passenger vessel, ex-
includes ensuring that the vessel meets cluding cruise ships, may designate
the applicable requirements of SOLAS areas within the vessel as employee ac-
Chapter XI2 (Incorporated by ref- cess areas.
erence, see 101.115 of this subchapter) (b) An employee access area is a de-
and the ISPS Code, part A, having fined space, within the area over which
taken into account the relevant provi- the owner or operator has implemented
sions of the ISPS Code, part B, and security measures for access control, of
that the vessel is provided with an ap- a ferry or passenger vessel that is open
proved security plan. only to employees and not to pas-
(d) The TWIC requirements found in sengers. It is not a secure area and does
this part do not apply to foreign ves- not require a TWIC for unescorted ac-
sels. cess.
(e) The TWIC requirements found in (c) Employee access areas may not
this part do not apply to mariners em- include any areas defined as restricted
ployed aboard vessels moored at U.S. areas in the VSP.
facilities only when they are working [USCG200624196, 72 FR 3579, Jan. 25, 2007]
immediately adjacent to their vessels
in the conduct of vessel activities. 104.110 Exemptions.
(f) Except pursuant to international (a) This part does not apply to war-
treaty, convention, or agreement to ships, naval auxiliaries, or other ves-
which the U.S. is a party, this part sels owned or operated by a govern-
does not apply to any foreign vessel ment and used only on government
that is not destined for, or departing non-commercial service.
from, a port or place subject to the ju- (b) A vessel is not subject to this part
risdiction of the U.S. and that is in: while the vessel is laid up, dismantled,
(1) Innocent passage through the ter- or otherwise out of commission.

ritorial sea of the U.S.; or [USCG200314749, 68 FR 60513, Oct. 22, 2003]
334
104.115 Compliance. 104.120 Compliance documentation.

(a) Vessel owners or operators must (a) Each vessel owner or operator
ensure their vessels are operating in subject to this part must ensure, on or
compliance with this part. before July 1, 2004, that copies of the
(b) Owners or operators of foreign following documents are carried on
vessels must comply with the fol- board the vessel and are made avail-
lowing able to the Coast Guard upon request:
(1) The approved Vessel Security
(1) Vessels subject to the Inter- Plan (VSP) and any approved revisions
national Convention for Safety of Life or amendments thereto, and a letter of
at Sea, 1974, (SOLAS), Chapter XI1 or approval from the Commanding Offi-
Chapter XI2, must carry on board a cer, Marine Safety Center (MSC);
valid International Ship Security Cer- (2) The VSP submitted for approval
tificate that certifies that the and a current acknowledgement letter
verifications required by part A, Sec- from the Commanding Officer, MSC,
tion 19.1, of the International Ship and stating that the Coast Guard is cur-
Port Facility Security (ISPS) Code (In- rently reviewing the VSP submitted
corporated by reference, see 101.115 of for approval, and that the vessel may
this subchapter) have been completed. continue to operate so long as the ves-
This includes ensuring that the vessel sel remains in compliance with the
meets the applicable requirements of submitted plan;
SOLAS Chapter XI2 (Incorporated by (3) For vessels operating under a
reference, see 101.115 of this chapter) Coast Guard-approved Alternative Se-
and the ISPS Code, part A, having curity Program as provided in 104.140,
a copy of the Alternative Security Pro-
taken into account the relevant provi-
gram the vessel is using, including a
sions of the ISPS Code, part B, and
vessel specific security assessment re-
that the vessel is provided with an ap- port generated under the Alternative
proved security plan. Security Program, as specified in
(2) Vessels not subject to SOLAS 101.120(b)(3) of this subchapter, and a
Chapter XI1 or Chapter XI2, may letter signed by the vessel owner or op-
comply with this part through an Al- erator, stating which Alternative Secu-
ternative Security Program or a bilat- rity Program the vessel is using and
eral arrangement approved by the certifying that the vessel is in full
Coast Guard. If not complying with an compliance with that program; or
approved Alternative Security Pro- (4) For foreign vessels, subject to the
gram or bilateral arrangement, these International Convention for Safety of
vessels must meet the requirements of Life at Sea, 1974, (SOLAS), Chapter XI
paragraph (b) of this section. 1 or Chapter XI2, a valid International
(c) Persons required to obtain a TWIC Ship Security Certificate (ISSC) that
under this part may enroll beginning attests to the vessels compliance with
after the date set by the Coast Guard SOLAS Chapter XI2 and the ISPS
in a Notice to be published in the FED- Code, part A (Incorporated by ref-
erence, see 101.115 of this subchapter)
ERAL REGISTER. This notice will be di-
and is issued in accordance with the
rected to all facilities and vessels with-
ISPS Code, part A, section 19. As stat-
in a specific COTP zone.
ed in Section 9.4 of the ISPS Code, part
(d) By April 15, 2009, vessel owners or A requires that, in order for the ISSC
operators subject to paragraph (b) of to be issued, the provisions of part B of
this section and not excluded by the ISPS Code need to be taken into
104.105(d) of this part must be oper- account.
ating in accordance with the TWIC pro- (b) Each owner or operator of an un-
visions found within this part. manned vessel subject to this part
[USCG200314749, 68 FR 60513, Oct. 22, 2003, must maintain the documentation de-
as amended by USCG200418057, 69 FR 34925, scribed in paragraphs (a)(1), (2), or (3)
June 23, 2004; USCG200419963, 70 FR 74669, of this section. The letter required by
Dec. 16, 2005; USCG200625150, 71 FR 39208, each of those paragraphs must be car-
July 12, 2006; USCG200624196, 72 FR 3579, ried on board the vessel. The plan or
Jan. 25, 2007; 73 FR 25565, May 7, 2008] program required by each of those
335
104.125 33 CFR Ch. I (7110 Edition)
paragraphs must not be carried on its cargo, or facilities or ports that the
board the vessel, but must be main- vessel may visit.
tained in a secure location. During [USCG200314749, 68 FR 39302, July 1, 2003, as
scheduled inspections, the plan or pro- amended by USCG20080179, 73 FR 35009,
gram must be made available to the June 19, 2008; USCG20100351, 75 FR 36282,
Coast Guard upon request. June 25, 2010]
(c) Each vessel owner or operator
who designates a passenger or em-
ployee access area (as those terms are For any measure required by this
defined in 104.106 and 104.107 of this part, the vessel owner or operator may
part) on their vessel must keep on propose an equivalent as provided in
board the vessel with their approved 101.130 of this subchapter.
VSP a clear, visual representation 104.140 Alternative Security Pro-
(such as a vessel schematic) of where grams.
those designated areas fall. This need
A vessel owner or operator may use
not be submitted to the Coast Guard
an Alternative Security Program as
for approval until incorporated into approved under 101.120 of this sub-
the VSP at the next VSP submittal (ei- chapter if:
ther renewal or amendment), but must (a) The Alternative Security Pro-
be made available to the Coast Guard gram is appropriate to that class of
upon request. vessel;
[USCG200314749, 68 FR 39302, July 1, 2003, as (b) The vessel is not subject to the
amended at 68 FR 60513, Oct. 22, 2003; USCG International Convention for Safety of
200418057, 69 FR 34925, June 23, 2004; USCG Life at Sea, 1974; and
200624196, 72 FR 3579, Jan. 25, 2007] (c) The Alternative Security Pro-
gram is implemented in its entirety.
104.125 Noncompliance. [USCG200314749, 68 FR 39302, July 1, 2003, as
When a vessel must temporarily devi- amended at 68 FR 60513, Oct. 22, 2003]
ate from the requirements of this part,
the vessel owner or operator must no- 104.145 Maritime Security (MARSEC)
Directive.
tify the cognizant COTP, and either
suspend operations or request and re- Each vessel owner or operator sub-
ceive permission from the COTP to ject to this part must comply with any
continue operating. instructions contained in a MARSEC
Directive issued under 101.405 of this
[USCG200314749, 68 FR 60513, Oct. 22, 2003] subchapter.
104.130 Waivers. 104.150 Right to appeal.

Any vessel owner or operator may Any person directly affected by a de-
apply for a waiver of any requirement cision or action taken under this part,
of this part that the owner or operator by or on behalf of the Coast Guard,
considers unnecessary in light of the may appeal as described in 101.420 of
nature or operating conditions of the this subchapter.
vessel. A request for a waiver must be
submitted in writing with justification Subpart BVessel Security
to the Commandant (CG-54) at 2100 2nd Requirements
St. SW., Stop 7581, Washington, DC
205937581. The Commandant (CG-54) 104.200 Owner or operator.
may require the vessel owner or oper- (a) Each vessel owner or operator
ator to provide additional data for de- must ensure that the vessel operates in
termining the validity of the requested compliance with the requirements of
waiver. The Commandant (CG-54) may this part.
grant, in writing, a waiver with or (b) For each vessel, the vessel owner
without conditions only if the waiver or operator must:
will not reduce the overall security of (1) Define the security organizational
the vessel, its passengers, its crew, or structure for each vessel and provide
all personnel exercising security duties
336
or responsibilities within that struc- (ii) Identifying what action is to be

ture with the support needed to fulfill taken by an escort, or other authorized
security obligations; individual, should individuals under es-
(2) Designate, in writing, by name or cort engage in activities other than
title, a Company Security Officer those for which escorted access was
(CSO), a Vessel Security Officer (VSO) granted; and
for each vessel, and identify how those (iii) Notifying vessel employees, and
officers can be contacted at any time; passengers if applicable, of what parts
(3) Ensure personnel receive training,
of the vessel are secure areas, em-
drills, and exercises enabling them to
ployee access areas, and passenger ac-
perform their assigned security duties;
(4) Inform vessel personnel of their cess areas, as applicable, and ensuring
responsibility to apply for and main- such areas are clearly marked.
tain a TWIC, including the deadlines (13) Ensure that restricted areas are
and methods for such applications, and controlled and TWIC provisions are co-
of their obligation to inform TSA of ordinated, if applied to such restricted
any event that would render them in- areas;
eligible for a TWIC, or which would in- (14) Ensure that protocols consistent
validate their existing TWIC; with 104.265(c) of this part, for dealing
(5) Ensure vessel security records are with individuals requiring access who
kept; report a lost, damaged, or stolen TWIC,
(6) Ensure that adequate coordina- or who have applied for and not yet re-
tion of security issues takes place be- ceived a TWIC, are in place;
tween vessels and facilities; this in- (15) Ensure that cargo and vessel
cludes the execution of a Declaration
stores and bunkers are handled in com-
of Security (DoS);
pliance with this part;
(7) Ensure coordination of shore
leave, transit, or crew change-out for (16) Ensure restricted areas, deck
vessel personnel, as well as access areas, and areas surrounding the vessel
through the facility of visitors to the are monitored;
vessel (including representatives of (17) Provide the Master, or for vessels
seafarers welfare and labor organiza- on domestic routes only, the CSO, with
tions), with facility operators in ad- the following information:
vance of a vessels arrival. Vessel own- (i) Parties responsible for appointing
ers or operators may refer to treaties vessel personnel, such as vessel man-
of friendship, commerce, and naviga- agement companies, manning agents,
tion between the U.S. and other na- contractors, concessionaires (for exam-
tions in coordinating such leave. The ple, retail sales outlets, casinos, etc.);
text of these treaties can be found at (ii) Parties responsible for deciding
http://www.marad.dot.gov/Programs/trea-
the employment of the vessel, includ-
ties.html;
ing time or bareboat charters or any
(8) Ensure security communication is
readily available; other entity acting in such capacity;
(9) Ensure coordination with and im- and
plementation of changes in Maritime (iii) In cases when the vessel is em-
Security (MARSEC) Level; ployed under the terms of a charter
(10) Ensure that security systems and party, the contract details of those
equipment are installed and main- documents, including time or voyage
tained; charters; and
(11) Ensure that vessel access, includ- (18) Give particular consideration to
ing the embarkation of persons and the convenience, comfort, and personal
their effects, is controlled; privacy of vessel personnel and their
(12) Ensure that TWIC procedures are ability to maintain their effectiveness
implemented as set forth in this part, over long periods; and
including; (19) If applicable, ensure that proto-
(i) Ensuring that only individuals
cols consistent with 104.267 of this
who hold a TWIC and are authorized to

be in secure areas are permitted to es-
cort;
337
104.205 33 CFR Ch. I (7110 Edition)
part, for dealing with newly hired em- the Commandant (CG-54), and that the
ployees who have applied for and not possibility of recurrence is minimized.
yet received a TWIC, are in place. [USCG200314749, 68 FR 39302, July 1, 2003, as
[USCG200314749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60513, Oct. 22, 2003; USCG
amended by USCG200314749, 68 FR 60513, 200625150, 71 FR 39208, July 12, 2006; USCG
Oct. 22, 2003; USCG200624196, 72 FR 3579, 20080179, 73 FR 35009, June 19, 2008]
Jan. 25, 2007]
104.210 Company Security Officer
(CSO).
104.205 Master.
(a) General. (1) Each vessel owner or
(a) Nothing in this part is intended to operator must designate in writing a
permit the Master to be constrained by CSO.
the Company, the vessel owner or oper- (2) A vessel owner or operator may
ator, or any other person, from taking designate a single CSO for all its ves-
or executing any decision which, in the sels to which this part applies, or may
professional judgment of the Master, is designate more than one CSO, in which
necessary to maintain the safety and case the owner or operator must clear-
security of the vessel. This includes de- ly identify the vessels for which each
nial of access to personsexcept those CSO is responsible.
identified as duly authorized by the (3) A CSO may perform other duties
cognizant government authorityor within the owner or operators organi-
their effects, and refusal to load cargo, zation, including the duties of a Vessel
including containers or other closed Security Officer, provided he or she is
cargo transport units. able to perform the duties and respon-
(b) If, in the professional judgment of sibilities required of a CSO.
the Master, a conflict between any (4) The CSO may delegate duties re-
safety and security requirements appli- quired by this part, but remains re-
sponsible for the performance of those
cable to the vessel arises during its op-
duties.
erations, the Master may give prece-
(5) The CSO must maintain a TWIC.
dence to measures intended to main- (b) Qualifications. (1) The CSO must
tain the safety of the vessel, and take have general knowledge, through train-
such temporary security measures as ing or equivalent job experience, in the
seem best under all circumstances. In following:
such cases: (i) Security administration and orga-
(1) The Master must, as soon as prac- nization of the companys vessel(s);
ticable, inform the nearest COTP. If (ii) Vessel, facility, and port oper-
the vessel is on a foreign voyage, the ations relevant to that industry;
Master must promptly inform the (iii) Vessel and facility security
Coast Guard via the NRC at 1800424 measures, including the meaning and
8802, direct telephone at 2022672675; the consequential requirements of the
Fax: 2022671322, TDD at 2022674477, different Maritime Security (MARSEC)
or E-mail at lst-nrcinfo@comdt.uscg.mil Levels;
and if subject to the jurisdiction of a (iv) Emergency preparedness and re-
foreign government, the relevant mari- sponse and contingency planning;
time authority of that foreign govern- (v) Security equipment and systems
ment; and their operational limitations;
(vi) Methods of conducting audits, in-
(2) The temporary security measures
spection and control and monitoring
must, to the highest possible degree, be
techniques; and
commensurate with the prevailing
(vii) Techniques for security training
Maritime Security (MARSEC) Level; and education, including security
and measures and procedures.
(3) The owner or operator must en- (2) In addition to knowledge and
sure that such conflicts are resolved to training in paragraph (b)(1) of this sec-
the satisfaction of the cognizant COTP, tion, the CSO must have general
or for vessels on international voyages,
knowledge through training or equiva-

lent job experience in the following, as
appropriate:
338
(i) Relevant international conven- (9) Ensure relevant personnel receive

tions, codes, and recommendations; adequate security training;
(ii) Relevant government legislation (10) Ensure communication and co-
and regulations; operation between the vessel and the
(iii) Responsibilities and functions of port and facilities with which the ves-
other security organizations; sel interfaces;
(iv) Methodology of Vessel Security (11) Ensure consistency between secu-
Assessment; rity requirements and safety require-
(v) Methods of vessel security sur- ments;
veys and inspections; (12) Ensure that when sister-vessel or
(vi) Instruction techniques for secu- fleet security plans are used, the plan
rity training and education, including for each vessel reflects the vessel-spe-
security measures and procedures; cific information accurately;
(vii) Handling sensitive security in- (13) Ensure compliance with an Alter-
formation and security related commu- native Security Program or equiva-
nications; lents approved under this subchapter,
(viii) Knowledge of current security if appropriate; and
threats and patterns; (14) Ensure security measures give
(ix) Recognition and detection of particular consideration to the conven-
dangerous substances and devices; ience, comfort, and personal privacy of
(x) Recognition of characteristics and vessel personnel and their ability to
behavioral patterns of persons who are maintain their effectiveness over long
likely to threaten security; periods.
(xi) Techniques used to circumvent (15) Ensure the TWIC program is
security measures; being properly implemented.
(xii) Methods of physical screening
and non-intrusive inspections; [USCG200314749, 68 FR 39302, July 1, 2003, as
(xiii) Security drills and exercises, amended at 68 FR 60513, Oct. 22, 2003; USCG
including drills and exercises with fa- 200624196, 72 FR 3580, Jan. 25, 2007]
cilities; and 104.215 Vessel Security Officer (VSO).
(xiv) Assessment of security drills
and exercises. (a) General. (1) A VSO may perform
(xv) Knowledge of TWIC require- other duties within the owners or op-
ments erators organization, provided he or
(c) Responsibilities. In addition to she is able to perform the duties and
those responsibilities and duties speci- responsibilities required of the VSO for
fied elsewhere in this part, the CSO each such vessel.
must, for each vessel for which he or (2) For manned vessels, the VSO
she has been designated: must be the Master or a member of the
(1) Keep the vessel apprised of poten- crew.
tial threats or other information rel- (3) For unmanned vessels, the VSO
evant to its security; must be an employee of the company,
(2) Ensure a Vessel Security Assess- and the same person may serve as the
ment (VSA) is carried out; VSO for more than one unmanned ves-
(3) Ensure a Vessel Security Plan sel. If a person serves as the VSO for
(VSP) is developed, approved, and more than one unmanned vessel, the
maintained; name of each unmanned vessel for
(4) Ensure the VSP is modified when which he or she is the VSO must be
necessary; listed in the Vessel Security Plan
(5) Ensure vessel security activities (VSP).
are audited; (4) The VSO of any unmanned barge
(6) Arrange for Coast Guard inspec- and the VSO of any towing vessel
tions under 46 CFR part 2; interfacing with the barge must coordi-
(7) Ensure the timely or prompt cor- nate and ensure the implementation of
rection of problems identified by audits security measures applicable to both
or inspections; vessels during the period of their inter-
face.
(8) Enhance security awareness and

vigilance within the owners or opera- (5) The VSO may assign security du-
tors organization; ties to other vessel personnel; however,
339
104.215 33 CFR Ch. I (7110 Edition)
the VSO remains responsible for these accordance with 46 CFR 10.205(b), 10.211,
duties. and/or 10.213, and have knowledge of
(6) The VSO must maintain a TWIC. vessel operations.
(b) Qualifications. The VSO must have (2) To qualify as a Coast Guard-ac-
general knowledge, through training or cepted course a VSO course under para-
equivalent job experience, in the fol- graph (d)(1)(iv) of this section must re-
lowing: quire candidates to demonstrate
(1) Those items listed in 104.210 knowledge, understanding, and pro-
(b)(1) and (b)(2) of this part; ficiency in the following competencies:
(2) Vessel layout; (i) Maintaining and supervising the
(3) The VSP and related procedures, implementation of a vessel security
including scenario-based response plan;
training;
(ii) Assessing security risk, threat
(4) Crowd management and control
and vulnerability;
techniques;
(5) Operations of security equipment (iii) Undertaking regular inspections
and systems; and of the vessel to ensure that appropriate
(6) Testing and calibration of secu- security measures are implemented
rity equipment and systems, and their and maintained;
maintenance while at sea. (iv) Ensuring that security equip-
(7) TWIC ment and systems, if any, are properly
(c) Certification required. After July 1, operated, tested and calibrated;
2009, persons performing duties as VSO (v) Encouraging security awareness
on-board a seagoing vessel subject to and vigilance; and
the International Convention on (vi) Ensuring compliance with the
Standards of Training, Certification TWIC program requirements.
and Watchkeeping for Seafarers, 1978, (3) Candidates meeting the knowl-
as amended, must hold a valid Coast edge of vessel operations requirement
Guard-issued credential with a Vessel under paragraph (d)(1)(v)(B) of this sec-
Security Officer endorsement. The tion must provide evidence through
Coast Guard will issue this endorse- training or equivalent job experience,
ment only if the person meets the re- in the following areas:
quirements in paragraph (d) of this sec- (i) Basic vessel layout and construc-
tion. This endorsement serves as proof tion:
that the person meets the ship security (A) Understanding layout, including
officer requirements of Regulation VI/5 decks, rooms and space numbering; and
of the STCW. (B) Understanding of various vessel
(d) Requirements for Coast Guard En- types; and working knowledge of nau-
dorsement: (1) To qualify for a VSO en- tical terms and definitions, especially
dorsement, a person must: those used to describe areas and parts
(i) Be at least 18 years of age; of a vessel.
(ii) Be able to speak and understand
(ii) Shipboard organization: famili-
the English language as would be rel-
arity with the various departments and
evant to the duties of a VSO;
related functions, the titles used for
(iii) Hold any valid Coast Guard-
personnel, the roles and responsibil-
issued credential under the regulations
specified in 46 CFR Subchapter B; ities of these persons, and the chain of
(iv) Successfully complete a Coast command.
Guard-accepted VSO course; (iii) Shipboard safety:
(v) Sea Service. Fulfill one of the fol- (A) Understanding of the importance
lowing: of creating and maintaining safe work-
(A) Have approved sea service of not ing and living conditions for passengers
less than 12 months on any vessel sub- and crew alike;
ject to 104.105 of this part, credited in (B) General shipboard safety rules,
accordance with 46 CFR 10.205(e), 10.211, emergency alarms and signals, and re-
and/or 10.213; or sponses to and reporting of accidents;
(B) Have approved sea service of not (C) Proper usage of protective equip-
less than 6 months on any vessel sub- ment and general knowledge of proce-
ject to 104.105 of this part, credited in dures for entering enclosed spaces;
340
(D) Proper usage of lifesaving equip- ments of paragraphs (d)(1)(iv) and (d)(2)
ment and where such equipment is nor- of this section.
mally stowed aboard various vessel (7) Persons who hold a valid Vessel
types; Security Officer endorsement may
(E) Understanding of the operating serve as vessel or company personnel
principles of and proper use of water- with security duties (33 CFR 104.220),
tight and fire screen doors; and and as all other vessel personnel (33
(F) Understanding where it is safe to CFR 104.225), without meeting any ad-
smoke and not safe to smoke on board ditional requirements.
and in port. (e) Responsibilities. In addition to
(iv) Protection of the marine envi- those responsibilities and duties speci-
ronment: fied elsewhere in this part, the VSO
(A) Understanding of vessel person- must, for each vessel for which he or
nels responsibility to preserve the ma- she has been designated:
rine environment; and (1) Regularly inspect the vessel to en-
sure that security measures are main-
(B) Basic working knowledge of pol-
tained;
lution prevention regulations and tech-
(2) Ensure maintenance and super-
niques.
vision of the implementation of the
(v) Familiarity with key definitions,
VSP, and any amendments to the VSP;
terminology, and operational practices
(3) Ensure the coordination and han-
employed in the maritime industry.
dling of cargo and vessel stores and
(4)(i) Persons meeting the criteria in bunkers in compliance with this part;
paragraphs (d)(4)(i)(A) and (B) of this (4) Propose modifications to the VSP
section prior to the effective date of to the Company Security Officer (CSO);
this regulation may successfully com- (5) Ensure that any problems identi-
plete a refresher Coast Guard-accepted fied during audits or inspections are re-
VSO course no later than July 1, 2009, ported to the CSO, and promptly imple-
to fulfill (d)(1)(iv) of this section. Per- ment any corrective actions;
sons must have: (6) Ensure security awareness and
(A) At least six months of VSO expe- vigilance on board the vessel;
rience during the preceding three (7) Ensure adequate security training
years; or for vessel personnel;
(B) Successfully completed a VSO (8) Ensure the reporting and record-
course that was not approved by the ing of all security incidents;
Maritime Administration (MARAD) on (9) Ensure the coordinated implemen-
behalf of the Coast Guard. Maritime tation of the VSP with the CSO and
Administration approves VSO courses the relevant Facility Security Officer,
under section 109 of the Maritime when applicable;
Transportation Security Act of 2002, (10) Ensure security equipment is
Public Law 107295. properly operated, tested, calibrated
(ii) To be eligible to take a refresher and maintained; and
Coast Guard-accepted VSO course, a (11) Ensure consistency between secu-
person must present to the course pro- rity requirements and the proper treat-
vider documentary evidence that he or ment of vessel personnel affected by
she meets the criteria in (d)(4)(i) of this those requirements.
section. (12) Ensure TWIC programs are in
(5) Vessel Security Officer courses place and implemented appropriately.
meeting the training requirements in
[USCG200314749, 68 FR 39302, July 1, 2003, as
paragraphs (d)(2) and (d)(4) of this sec- amended at 68 FR 60513, Oct. 22, 2003; USCG
tion are subject to Coast Guard accept- 200624196, 72 FR 3580, Jan. 25, 2007; USCG
ance under 46 CFR 10.309(a)(10)(ii). 20080028, 73 FR 29070, May 20, 2008; 73 FR
(6) Vessel Security Officer courses 34191, June 17, 2008]
approved by MARAD on behalf of the
Coast Guard under section 109 of the 104.220 Company or vessel personnel
Maritime Transportation Security Act with security duties.
of 2002, Public Law 107295 will be ac- Company and vessel personnel re-
cepted by the Coast Guard under 46 sponsible for security duties must
CFR 10.309 as meeting the require- maintain a TWIC, and must have
341
104.225 33 CFR Ch. I (7110 Edition)
knowledge, through training or equiva- (e) Techniques used to circumvent se-

lent job experience, in the following, as curity measures.
appropriate: (f) Relevant aspects of the TWIC pro-
(a) Knowledge of current security gram and how to carry them out.
threats and patterns;
[USCG200314749, 68 FR 39302, July 1, 2003, as
(b) Recognition and detection of dan- amended at 68 FR 60513, Oct. 22, 2003; USCG
gerous substances and devices; 200624196, 72 FR 3580, Jan. 25, 2007]
(c) Recognition of characteristics and
behavioral patterns of persons who are 104.230 Drill and exercise require-
likely to threaten security; ments.
(d) Techniques used to circumvent se- (a) General. (1) Drills and exercises
curity measures; must test the proficiency of vessel per-
(e) Crowd management and control sonnel in assigned security duties at
techniques; all Maritime Security (MARSEC) Lev-
(f) Security related communications; els and the effective implementation of
(g) Knowledge of emergency proce- the Vessel Security Plan (VSP). They
dures and contingency plans; must enable the Vessel Security Offi-
(h) Operation of security equipment cer (VSO) to identify any related secu-
and systems; rity deficiencies that need to be ad-
(i) Testing and calibration of security dressed.
equipment and systems, and their (2) A drill or exercise required by this
maintenance while at sea; section may be satisfied with the im-
(j) Inspection, control, and moni- plementation of security measures re-
toring techniques; quired by the Vessel Security Plan as
(k) Relevant provisions of the Vessel the result of an increase in the
Security Plan (VSP); MARSEC Level, provided the vessel re-
(l) Methods of physical screening of ports attainment to the cognizant
persons, personal effects, baggage, COTP.
cargo, and vessel stores; and (b) Drills. (1) The VSO must ensure
(m) The meaning and the consequen- that at least one security drill is con-
tial requirements of the different Mari- ducted at least every 3 months, except
time Security (MARSEC) Levels. when a vessel is out of service due to
(n) Relevant aspects of the TWIC pro- repairs or seasonal suspension of oper-
gram and how to carry them out. ation provided that in such cases a
[USCG200314749, 68 FR 39302, July 1, 2003, as drill must be conducted within one
amended by USCG200624196, 72 FR 3580, week of the vessels reactivation. Secu-
Jan. 25, 2007] rity drills may be held in conjunction
with non-security drills where appro-
104.225 Security training for all priate.
other vessel personnel. (2) Drills must test individual ele-
All other vessel personnel, including ments of the VSP, including response
contractors, whether part-time, full- to security threats and incidents.
time, temporary, or permanent, must Drills should take into account the
have knowledge of, through training or types of operations of the vessel, vessel
equivalent job experience in the fol- personnel changes, and other relevant
lowing, as appropriate: circumstances. Examples of drills in-
(a) Relevant provisions of the Vessel clude unauthorized entry to a re-
Security Plan (VSP); stricted area, response to alarms, and
(b) The meaning and the consequen- notification of law enforcement au-
tial requirements of the different Mari- thorities.
time Security (MARSEC) Levels, in- (3) If the vessel is moored at a facil-
cluding emergency procedures and con- ity on the date the facility has planned
tingency plans; to conduct any drills, the vessel may,
(c) Recognition and detection of dan- but is not required to, participate in
gerous substances and devices; the facilitys scheduled drill.
(d) Recognition of characteristics and (4) Drills must be conducted within

behavioral patterns of persons who are one week from whenever the percent-
likely to threaten security; and age of vessel personnel with no prior
342
participation in a vessel security drill (1) Training. For training under

on that vessel exceeds 25 percent. 104.225, the date of each session, dura-
(5) Not withstanding paragraph (b)(4) tion of session, a description of the
of this section, vessels not subject to training, and a list of attendees;
SOLAS may conduct drills within 1 (2) Drills and exercises. For each drill
week from whenever the percentage of or exercise, the date held, description
vessel personnel with no prior partici- of drill or exercise, list of participants;
pation in a vessel security drill on a and any best practices or lessons
vessel of similar design and owned or learned which may improve the Vessel
operated by the same company exceeds Security Plan (VSP);
25 percent. (3) Incidents and breaches of security.
(c) Exercises. (1) Exercises must be Date and time of occurrence, location
conducted at least once each calendar within the port, location within the
year, with no more than 18 months be- vessel, description of incident or
tween exercises. breaches, to whom it was reported, and
(2) Exercises may be: description of the response;
(i) Full scale or live; (4) Changes in Maritime Security
(ii) Tabletop simulation or seminar; (MARSEC) Levels. Date and time of no-
(iii) Combined with other appropriate tification received, and time of compli-
exercises; or ance with additional requirements;
(iv) A combination of the elements in (5) Maintenance, calibration, and test-
paragraphs (c)(2)(i) through (iii) of this ing of security equipment. For each oc-
section. currence of maintenance, calibration,
(3) Exercises may be vessel-specific and testing, the date and time, and the
or part of a cooperative exercise pro- specific security equipment involved;
gram to exercise applicable facility and (6) Security threats. Date and time of
vessel security plans or comprehensive occurrence, how the threat was com-
port exercises. municated, who received or identified
(4) Each exercise must test commu- the threat, description of threat, to
nication and notification procedures, whom it was reported, and description
and elements of coordination, resource of the response;
availability, and response. (7) Declaration of Security (DoS).
(5) Exercises are a full test of the se- Manned vessels must keep on board a
curity program and must include the copy of the last 10 DoSs and a copy of
substantial and active participation of each continuing DoS for at least 90
relevant company and vessel security days after the end of its effective pe-
personnel, and may include facility se- riod; and
curity personnel and government au- (8) Annual audit of the VSP. For each
thorities depending on the scope and annual audit, a letter certified by the
the nature of the exercises. Company Security Officer or the VSO
[USCG200314749, 68 FR 39302, July 1, 2003, as stating the date the audit was com-
amended at 68 FR 60513, Oct. 22, 2003] pleted.
(c) Any records required by this part
104.235 Vessel recordkeeping re- must be protected from unauthorized
quirements. access or disclosure.
(a) Unless otherwise specified in this [USCG200314749, 68 FR 39302, July 1, 2003, as
section, the Vessel Security Officer amended at 68 FR 60514, Oct. 22, 2003]
must keep records of the activities as
set out in paragraph (b) of this section 104.240 Maritime Security (MARSEC)
for at least 2 years and make them Level coordination and implemen-
available to the Coast Guard upon re- tation.
quest. (a) The vessel owner or operator
(b) Records required by this section must ensure that, prior to entering a
may be kept in electronic format. If port or visiting an Outer Continental
kept in an electronic format, they Shelf (OCS) facility, all measures are
must be protected against unauthor- taken that are specified in the Vessel
ized deletion, destruction, or amend- Security Plan (VSP) for compliance

ment. The following records must be with the MARSEC Level in effect for
kept: the port or the OCS facility.
343
104.245 33 CFR Ch. I (7110 Edition)
(b) When notified of an increase in 104.245 Communications.

the MARSEC Level, the vessel owner (a) The Vessel Security Officer must
or operator must ensure: have a means to effectively notify ves-
(1) If a higher MARSEC Level is set sel personnel of changes in security
for the port in which the vessel is lo- conditions on board the vessel.
cated or is about to enter, the vessel (b) Communications systems and pro-
complies, without undue delay, with all cedures must allow effective and con-
measures specified in the VSP for com- tinuous communication between the
pliance with that higher MARSEC vessel security personnel, facilities
Level; interfacing with the vessel, vessels
(2) The COTP is notified as required interfacing with the vessel, and na-
by 101.300(c) when compliance with tional or local authorities with secu-
the higher MARSEC Level has been im- rity responsibilities.
plemented; (c) Communication systems and pro-
(3) For vessels in port, that compli- cedures must enable vessel personnel
ance with the higher MARSEC Level to notify, in a timely manner, shore
has taken place within 12 hours of the side authorities or other vessels of a se-
notification; and curity threat or incident on board.
(4) If a higher MARSEC Level is set 104.250 Procedures for interfacing
for the OCS facility with which the with facilities and other vessels.
vessel is interfacing or is about to
(a) The vessel owner or operator
visit, the vessel complies, without
must ensure that there are measures
undue delay, with all measures speci-
for interfacing with facilities and other
fied in the VSP for compliance with
vessels at all MARSEC Levels.
that higher MARSEC Level. (b) For each U.S. flag vessel that
(c) For MARSEC Levels 2 and 3, the calls on foreign ports or facilities, the
Vessel Security Officer must brief all vessel owner or operator must ensure
vessel personnel of identified threats, procedures for interfacing with those
emphasize reporting procedures, and ports and facilities are established.
stress the need for increased vigilance.
(d) An owner or operator whose ves- 104.255 Declaration of Security
sel is not in compliance with the re- (DoS).
quirements of this section must inform (a) Each vessel owner or operator
the COTP and obtain approval prior to must ensure procedures are established
entering any port, prior to interfacing for requesting a DoS and for handling
with another vessel or with a facility DoS requests from a facility or other
or to continuing operations. vessel.
(e) For MARSEC Level 3, in addition (b) At MARSEC Level 1, the Master
to the requirements in this part, a ves- or Vessel Security Officer (VSO), or
sel owner or operator may be required their designated representative, of any
to implement additional measures, cruise ship or manned vessel carrying
pursuant to 33 CFR part 6, 160 or 165, as Certain Dangerous Cargoes, in bulk,
appropriate, which may include but are must complete and sign a DoS with the
not limited to: VSO or Facility Security Officer
(1) Arrangements to ensure that the (FSO), or their designated representa-
vessel can be towed or moved if deemed tive, of any vessel or facility with
necessary by the Coast Guard; which it interfaces.
(2) Use of waterborne security patrol; (1) For a vessel-to-facility interface,
(3) Use of armed security personnel prior to arrival of a vessel to a facility,
to control access to the vessel and to the FSO and Master, VSO, or their des-
ignated representatives must coordi-
deter, to the maximum extent prac-
nate security needs and procedures,
tical, a TSI; or
and agree upon the contents of the DoS
(4) Screening the vessel for the pres-
for the period of time the vessel is at
ence of dangerous substances and de- the facility. Upon a vessels arrival to
vices underwater or other threats.
a facility and prior to any passenger

[USCG200314749, 68 FR 39302, July 1, 2003, as embarkation or disembarkation or
amended at 68 FR 60514, Oct. 22, 2003] cargo transfer operation, the FSO or
344
Master, VSO, or designated representa- (g) The COTP may require at any
tives must sign the written DoS. time, at any MARSEC Level, any
(2) For a vessel engaging in a vessel- manned vessel subject to this part to
to-vessel activity, prior to the activity, implement a DoS with the VSO or FSO
the respective Masters, VSOs, or their prior to any vessel-to-vessel activity or
designated representatives must co- vessel-to-facility interface when he or
ordinate security needs and procedures, she deems it necessary.
and agree upon the contents of the DoS [USCG200314749, 68 FR 39302, July 1, 2003, as
for the period of the vessel-to-vessel amended at 68 FR 60514, Oct. 22, 2003]
activity. Upon the vessel-to-vessel ac-
tivity and prior to any passenger em- 104.260 Security systems and equip-
barkation or disembarkation or cargo ment maintenance.
transfer operation, the respective Mas- (a) Security systems and equipment
ters, VSOs, or designated representa- must be in good working order and in-
tives must sign the written DoS. spected, tested, calibrated and main-
(c) At MARSEC Levels 2 and 3, the tained according to the manufacturers
Master, VSO, or designated representa- recommendation.
tive of any manned vessel required to (b) The results of testing completed
comply with this part must coordinate under paragraph (a) of this section
security needs and procedures, and shall be recorded in accordance with
agree upon the contents of the DoS for 104.235. Any deficiencies shall be
the period of the vessel-to-vessel activ- promptly corrected.
ity. Upon the vessel-to-vessel activity (c) The Vessel Security Plan (VSP)
and prior to any passenger embar- must include procedures for identifying
kation or disembarkation or cargo and responding to security system and
transfer operation, the respective Mas- equipment failures or malfunctions.
ters, VSOs, or designated representa-
tives must sign the written DoS. 104.265 Security measures for access
(d) At MARSEC Levels 2 and 3, the control.
Master, VSO, or designated representa- (a) General. The vessel owner or oper-
tive of any manned vessel required to ator must ensure the implementation
comply with this part must coordinate of security measures to:
security needs and procedures, and (1) Deter the unauthorized introduc-
agree upon the contents of the DoS for tion of dangerous substances and de-
the period the vessel is at the facility. vices, including any device intended to
Upon the vessels arrival to a facility damage or destroy persons, vessels, fa-
and prior to any passenger embar- cilities, or ports;
kation or disembarkation or cargo (2) Secure dangerous substances and
transfer operation, the respective FSO devices that are authorized by the
and Master, VSO, or designated rep- owner or operator to be on board;
resentatives must sign the written (3) Control access to the vessel; and
DoS. (4) Prevent an unescorted individual
(e) At MARSEC Levels 1 and 2, VSOs from entering an area of the vessel
of vessels that frequently interface that is designated as a secure area un-
with the same facility may implement less the individual holds a duly issued
a continuing DoS for multiple visits, TWIC and is authorized to be in the
provided that: area.
(1) The DoS is valid for the specific (b) The vessel owner or operator
MARSEC Level; must ensure that the following are
(2) The effective period at MARSEC specified:
Level 1 does not exceed 90 days; and (1) The locations providing means of
(3) The effective period at MARSEC access to the vessel where access re-
Level 2 does not exceed 30 days. strictions or prohibitions are applied
(f) When the MARSEC Level infor each Maritime Security (MARSEC)
creases beyond the level contained in Level, including those points where
the DoS, the continuing DoS becomes TWIC access control provisions will be
void and a new DoS must be signed and applied. Means of access include, but
implemented in accordance with this are not limited, to all:
section. (i) Access ladders;
345
104.265 33 CFR Ch. I (7110 Edition)
(ii) Access gangways; unescorted access to the secure area.

(iii) Access ramps; The individual must be under escort, as
(iv) Access doors, side scuttles, win- that term is defined in part 101 of this
dows, and ports; subchapter, at all times when inside a
(v) Mooring lines and anchor chains; secure area.
and (4) With the exception of persons
(vi) Cranes and hoisting gear; granted access according to paragraph
(2) The identification of the types of (2) of this section, all persons granted
restriction or prohibition to be applied unescorted access to secure areas of
and the means of enforcing them; the vessel must be able to produce his
(3) The means used to establish the or her TWIC upon request.
identity of individuals not in posses- (5) There must be disciplinary meas-
sion of a TWIC and procedures for es- ures in place to prevent fraud and
corting, in accordance with 101.515 of abuse.
this subchapter; and (6) The vessels TWIC program should
(4) Procedures for identifying author- be coordinated, when practicable, with
ized and unauthorized persons at any identification and TWIC access control
MARSEC level. measures of facilities or other trans-
(c) The vessel owner or operator must portation conveyances that interface
ensure that a TWIC program is imple- with the vessel.
mented as follows: (d) If the vessel owner or operator
(1) All persons seeking unescorted ac- uses a separate identification system,
cess to secure areas must present their ensure that it complies and is coordi-
TWIC for inspection before being al- nated with TWIC provisions in this
lowed unescorted access, in accordance part.
with 101.514 of this subchapter. Inspec- (e) The vessel owner or operator must
tion must include: establish in the approved VSP the fre-
(i) A match of the photo on the TWIC quency of application of any security
to the individual presenting the TWIC; measures for access control, particu-
(ii) Verification that the TWIC has larly if these security measures are ap-
not expired; and plied on a random or occasional basis.
(iii) A visual check of the various se-
(f) MARSEC Level 1. The vessel owner
curity features present on the card to
or operator must ensure security meas-
determine whether the TWIC has been
ures in this paragraph are implemented
tampered with or forged.
to:
(2) If an individual cannot present a
TWIC because it has been lost, dam- (1) Employ TWIC as set out in para-
aged or stolen, and he or she has pre- graph (c) of this section.
viously been granted unescorted access (2) Screen persons, baggage (includ-
to the vessel and is known to have had ing carry-on items), personal effects,
a valid TWIC, the individual may be and vehicles for dangerous substances
given unescorted access to secure areas and devices at the rate specified in the
for a period of no longer than seven approved VSP, except for government-
consecutive calendar days provided owned vehicles on official business
that: when government personnel present
(i) The individual has reported the identification credentials for entry;
TWIC as lost, damaged, or stolen to (3) Conspicuously post signs that de-
TSA as required in 49 CFR 1572.19(f); scribe security measures currently in
(ii) The individual can present an- effect and clearly state that:
other identification credential that (i) Boarding the vessel is deemed
meets the requirements of 101.515 of valid consent to screening or inspec-
this subchapter; and tion; and
(iii) There are no other suspicious (ii) Failure to consent or submit to
circumstances associated with the indi- screening or inspection will result in
viduals claim of loss or theft. denial or revocation of authorization
(3) If an individual cannot present his to board;
or her TWIC for any other reason than (4) Check the identification of any
outlined in paragraph (2) of this sec- person not holding a TWIC and seeking
tion, he or she may not be granted to board the vessel, including vessel
346
passengers, vendors, personnel duly au- (15) Ensure, in liaison with the facil-
thorized by the cognizant government ity, a defined percentage of vehicles to
authorities, and visitors. This check be loaded aboard passenger vessels are
includes confirming the reason for screened prior to loading at the rate
boarding by examining at least one of specified in the approved VSP;
the following: (16) Ensure, in liaison with the facil-
(i) Joining instructions; ity, all unaccompanied vehicles to be
(ii) Passenger tickets; loaded on passenger vessels are
(iii) Boarding passes; screened prior to loading; and
(iv) Work orders, pilot orders, or sur- (17) Respond to the presence of unau-
veyor orders; thorized persons on board, including re-
(v) Government identification; or pelling unauthorized boarders.
(vi) Visitor badges issued in accord-
(g) MARSEC Level 2. In addition to
ance with an identification system im-
the security measures required for
plemented under paragraph (d) of this
MARSEC Level 1 in this section, at
section.
MARSEC Level 2, the vessel owner or
(5) Deny or revoke a persons author-
ization to be on board if the person is operator must ensure the implementa-
unable or unwilling, upon the request tion of additional security measures, as
of vessel personnel or a law enforce- specified for MARSEC Level 2 in the
ment officer, to establish his or her approved VSP. These additional secu-
identity in accordance with this part rity measures may include:
or to account for his or her presence on (1) Increasing the frequency and de-
board. Any such incident must be retail of screening of people, personal ef-
ported in compliance with this part; fects, and vehicles being embarked or
(6) Deter unauthorized access to the loaded onto the vessel as specified for
vessel; MARSEC Level 2 in the approved VSP,
(7) Identify access points that must except for government-owned vehicles
be secured or attended to deter unau- on official business when government
thorized access; personnel present identification cre-
(8) Lock or otherwise prevent access dentials for entry;
to unattended spaces that adjoin areas (2) X-ray screening of all unaccom-
to which passengers and visitors have panied baggage;
access; (3) Assigning additional personnel to
(9) Provide a designated area on patrol deck areas during periods of re-
board, within the secure area, or in li- duced vessel operations to deter unau-
aison with a facility, for conducting in- thorized access;
spections and screening of people, bag- (4) Limiting the number of access
gage (including carry-on items), per- points to the vessel by closing and se-
sonal effects, vehicles and the vehicles curing some access points;
contents; (5) Denying access to visitors who do
(10) Ensure vessel personnel are not not have a verified destination;
subjected to screening, of the person or
(6) Deterring waterside access to the
of personal effects, by other vessel per-
vessel, which may include, in liaison
sonnel, unless security clearly requires
it; with the facility, providing boat pa-
(11) Conduct screening in a way that trols; and
takes into full account individual (7) Establishing a restricted area on
human rights and preserves the indi- the shore side of the vessel, in close co-
viduals basic human dignity; operation with the facility.
(12) Ensure the screening of all unac- (h) MARSEC Level 3. In addition to
companied baggage; the security measures required for
(13) Ensure checked persons and their MARSEC Level 1 and MARSEC Level 2,
personal effects are segregated from the vessel owner or operator must en-
unchecked persons and their personal sure the implementation of additional
effects; security measures, as specified for
MARSEC Level 3 in the approved VSP.
(14) Ensure embarking passengers are

segregated from disembarking pas- The additional security measures may
sengers; include:
347
104.267 33 CFR Ch. I (7110 Edition)
(1) Screening all persons, baggage, process. The vessel owner or operator
and personal effects for dangerous sub- or Vessel Security Officer (VSO) must
stances and devices; have the new hire sign a statement af-
(2) Performing one or more of the fol- firming this, and must retain the
lowing on unaccompanied baggage: signed statement until the new hire re-
(i) Screen unaccompanied baggage ceives a TWIC;
more extensively, for example, x- (2) The vessel owner or operator or
raying from two or more angles; the VSO enters the following informa-
(ii) Prepare to restrict or suspend tion on the new hire into the Coast
handling unaccompanied baggage; or Guards Homeport website (http://home-
(iii) Refuse to accept unaccompanied port.uscg.mil):
baggage on board; (i) Full legal name, including middle
(3) Being prepared to cooperate with name if one exists;
responders and facilities; (ii) Date of birth;
(4) Limiting access to the vessel to a (iii) Social security number (op-
single, controlled access point; tional);
(5) Granting access to only those re- (iv) Employer name and 24 hour con-
sponding to the security incident or tact information; and
threat thereof; (v) Date of TWIC enrollment;
(6) Suspending embarkation and/or (3) The new hire presents an identi-
disembarkation of personnel; fication credential that meets the re-
(7) Suspending cargo operations; quirements of 101.515 of this sub-
(8) Evacuating the vessel; chapter;
(9) Moving the vessel; or (4) There are no other circumstances
(10) Preparing for a full or partial that would cause reasonable suspicion
search of the vessel. regarding the new hires ability to ob-
[USCG200624196, 72 FR 3580, Jan. 25, 2007] tain a TWIC, and the vessel owner or
operator or VSO have not been in-
104.267 Security measures for newly formed by the cognizant COTP that the
hired employees. new hire poses a security threat; and
(a) Newly-hired vessel employees (5) There would be an adverse impact
may be granted entry to secure areas to vessel operations if the new hire is
of the vessel for up to 30 consecutive not allowed access.
calendar days prior to receiving their (c) This section does not apply to any
TWIC provided all of the requirements individual being hired as a Company
in paragraph (b) of this section are Security Officer (CSO) or VSO, or any
met, and provided that the new hire is individual being hired to perform ves-
accompanied by an individual with a sel security duties.
TWIC while within the secure areas of (d) The new hire may not begin work-
the vessel. If TSA does not act upon a ing on board the vessel under the provi-
TWIC application within 30 days, the sions of this section until the owner,
cognizant Coast Guard COTP may fur- operator, or VSO receives notification,
ther extend access to secure areas for via Homeport or some other means, the
another 30 days. The Coast Guard will new hire has passed an initial name
determine whether, in particular cir- check.
cumstances, certain practices meet the [USCG200624196, 72 FR 3581, Jan. 25, 2007]
condition of a new hire being accom-
panied by another individual with a 104.270 Security measures for re-
TWIC. The Coast Guard will issue guid- stricted areas.
ance for use in making these deter- (a) General. The vessel owner or oper-
minations. ator must ensure the designation of re-
(b) Newly-hired vessel employees stricted areas in order to:
may be granted the access provided for (1) Prevent or deter unauthorized ac-
in paragraph (a) of this section only if: cess;
(1) The new hire has applied for a (2) Protect persons authorized to be
TWIC in accordance with 49 CFR part on board;
1572 by completing the full enrollment (3) Protect the vessel;

process, paying the user fee, and is not (4) Protect sensitive security areas
currently engaged in a waiver or appeal within the vessel;
348
(5) Protect security and surveillance (4) Using automatic intrusion detec-
equipment and systems; and tion devices, which if used must acti-
(6) Protect cargo and vessel stores vate an audible and/or visual alarm at
from tampering. a location that is continuously at-
(b) Designation of Restricted Areas. The tended or monitored, to alert vessel
vessel owner or operator must ensure personnel to unauthorized access.
restricted areas are designated on (e) MARSEC Level 2. In addition to
board the vessel, as specified in the ap- the security measures required for
proved plan. Restricted areas must in- MARSEC Level 1 in this section, at
clude, as appropriate: MARSEC Level 2, the vessel owner or
(1) Navigation bridge, machinery operator must also ensure the imple-
spaces and other control stations; mentation of additional security meas-
(2) Spaces containing security and ures, as specified for MARSEC Level 2
surveillance equipment and systems in the approved VSP. These additional
and their controls and lighting system security measures may include:
controls; (1) Increasing the frequency and in-
(3) Ventilation and air-conditioning tensity of monitoring and access con-
systems and other similar spaces; trols on existing restricted access
(4) Spaces with access to potable areas;
water tanks, pumps, or manifolds; (2) Restricting access to areas adja-
(5) Spaces containing dangerous cent to access points;
goods or hazardous substances; (3) Providing continuous monitoring
(6) Spaces containing cargo pumps of each area, using surveillance equip-
and their controls; ment; and
(7) Cargo spaces and spaces con- (4) Dedicating additional personnel
taining vessel stores; to guard or patrol each area.
(f) MARSEC Level 3. In addition to the
(8) Crew accommodations; and
security measures required for
(9) Any other spaces or areas vital to
MARSEC Level 1 and MARSEC Level 2,
the security of the vessel.
at MARSEC Level 3, the vessel owner
(c) The vessel owner or operator must or operator must ensure the implemen-
ensure that security measures and poli- tation of additional security measures,
cies are established to: as specified for MARSEC Level 3 in the
(1) Identify which vessel personnel approved VSP. These additional secu-
are authorized to have access; rity measures may include:
(2) Determine which persons other (1) Restricting access to additional
than vessel personnel are authorized to areas; and
have access; (2) Searching restricted areas as part
(3) Determine the conditions under of a security sweep of the vessel.
which that access may take place;
(4) Define the extent of any restricted 104.275 Security measures for han-
area; dling cargo.
(5) Define the times when access re- (a) General. The vessel owner or oper-
strictions apply; and ator must ensure that security meas-
(6) Clearly mark all restricted areas ures relating to cargo handling, some
and indicate that access to the area is of which may have to be applied in liai-
restricted and that unauthorized pres- son with the facility or another vessel,
ence within the area constitutes a are specified in order to:
breach of security. (1) Deter tampering;
(d) Maritime Security (MARSEC) Level (2) Prevent cargo that is not meant
1. The vessel owner or operator must for carriage from being accepted and
ensure the implementation of security stored on board the vessel;
measures to prevent unauthorized ac- (3) Identify cargo that is approved for
cess or activities within the area. loading onto the vessel;
These security measures may include: (4) Include inventory control proce-
(1) Locking or securing access points; dures at access points to the vessel;
(2) Monitoring and using surveillance
and
equipment; (5) When there are regular or re-
(3) Using guards or patrols; and peated cargo operations with the same
349
104.280 33 CFR Ch. I (7110 Edition)
shipper, coordinate security measures MARSEC Level 3, the vessel owner or

with the shipper or other responsible operator must ensure the implementa-
party in accordance with an estab- tion of additional security measures, as
lished agreement and procedures. specified for MARSEC Level 3 in the
(b) Maritime Security (MARSEC) Level approved VSP. These additional secu-
1. At MARSEC Level 1, the vessel rity measures may include:
owner or operator must ensure the im- (1) Suspending loading or unloading
plementation of measures to: of cargo;
(1) Unless unsafe to do so, routinely (2) Being prepared to cooperate with
check cargo and cargo spaces prior to responders, facilities, and other ves-
and during cargo handling for evidence sels; or
of tampering; (3) Verifying the inventory and loca-
(2) Check that cargo to be loaded tion of any hazardous materials carried
matches the cargo documentation, or on board.
that cargo markings or container num-
bers match the information provided [USCG200314749, 68 FR 39302, July 1, 2003, as
amended at 68 FR 60514, Oct. 22, 2003]
with shipping documents;
(3) Ensure, in liaison with the facil- 104.280 Security measures for deliv-
ity, that vehicles to be loaded on board ery of vessel stores and bunkers.
car carriers, RO-RO, and passenger
ships are subjected to screening prior (a) General. The vessel owner or oper-
to loading, in accordance with the fre- ator must ensure that security meas-
quency required in the VSP; and ures relating to the delivery of vessel
(4) Check, in liaison with the facility, stores and bunkers are implemented to:
seals or other methods used to prevent (1) Check vessel stores for package
tampering. integrity;
(c) MARSEC Level 2. In addition to (2) Prevent vessel stores from being
the security measures required for accepted without inspection;
MARSEC Level 1 in this section, at (3) Deter tampering; and
MARSEC Level 2, the vessel owner or (4) Prevent vessel stores and bunkers
operator must also ensure the imple- from being accepted unless ordered.
mentation of additional security meas- For vessels that routinely use a facil-
ures, as specified for MARSEC Level 2 ity, a vessel owner or operator may es-
in the approved Vessel Security Plan tablish and implement standing ar-
(VSP). These additional security meas- rangements between the vessel, its sup-
ures may include: pliers, and a facility regarding notifi-
(1) Increasing the frequency and de- cation and the timing of deliveries and
tail of checking cargo and cargo spaces their documentation.
for evidence of tampering; (b) Maritime Security (MARSEC) Level
(2) Intensifying checks to ensure that 1. At MARSEC Level 1, the vessel
only the intended cargo, container, or owner or operator must ensure the im-
other cargo transport units are loaded; plementation of measures to:
(3) Intensifying screening of vehicles (1) Check vessel stores before being
to be loaded on car-carriers, RO-RO, accepted;
and passenger vessels; (2) Check that vessel stores and
(4) In liaison with the facility, in- bunkers match the order prior to being
creasing frequency and detail in check- brought on board or being bunkered;
ing seals or other methods used to pre- and
vent tampering; (3) Ensure that vessel stores are con-
(5) Increasing the frequency and in- trolled or immediately and securely
tensity of visual and physical inspec- stowed following delivery.
tions; or (c) MARSEC Level 2. In addition to
(6) Coordinating enhanced security the security measures required for
measures with the shipper or other re- MARSEC Level 1 in this section, at
sponsible party in accordance with an MARSEC Level 2, the vessel owner or
established agreement and procedures. operator must also ensure the imple-
(d) MARSEC Level 3. In addition to mentation of additional security meas-

the security measures for MARSEC ures, as specified for MARSEC Level 2
Level 1 and MARSEC Level 2, at in the approved Vessel Security Plan
350
(VSP). These additional security meas- which may be done in coordination

ures may include: with a facility, to:
(1) Intensifying inspection of the ves- (1) Monitor the vessel, particularly
sel stores during delivery; or vessel access points and restricted
(2) Checking vessel stores prior to re- areas;
ceiving them on board. (2) Be able to conduct emergency
(d) MARSEC Level 3. In addition to searches of the vessel;
the security measures for MARSEC (3) Ensure that equipment or system
Level 1 and MARSEC Level 2, at failures or malfunctions are identified
MARSEC Level 3, the vessel owner or and corrected;
operator must ensure the implementa- (4) Ensure that any automatic intru-
tion of additional security measures, as sion detection device sets off an audi-
specified for MARSEC Level 3 in the ble or visual alarm, or both, at a loca-
approved VSP. These additional secu- tion that is continuously attended or
rity measures may include: monitored;
(1) Checking all vessel stores more (5) Light deck and vessel access
extensively; points during the period between sun-
(2) Restricting or suspending delivery set and sunrise and periods of limited
of vessel stores and bunkers; or visibility sufficiently to allow visual
(3) Refusing to accept vessel stores identification of persons seeking access
on board. to the vessel; and
(6) Use maximum available lighting
104.285 Security measures for moni- while underway, during the period be-
toring. tween sunset and sunrise, consistent
with safety and international regula-
(a) General. (1) The vessel owner or
tions.
operator must ensure the implementa-
(c) MARSEC Level 2. In addition to
tion of security measures and have the
the security measures required for
capability to continuously monitor,
through a combination of lighting,
MARSEC Level 2, the vessel owner or
watchkeepers, security guards, deck
operator must also ensure the imple-
watches, waterborne patrols, auto-
mentation of additional security meas-
matic intrusion-detection devices, or
ures, as specified for MARSEC Level 2
surveillance equipment, as specified in
in the approved VSP. These additional
their approved Vessel Security Plan
security measures may include:
(VSP), the
(1) Increasing the frequency and de-
(i) Vessel; tail of security patrols;
(ii) Restricted areas on board the ves- (2) Increasing the coverage and inten-
sel; and sity of lighting, alone or in coordina-
(iii) Area surrounding the vessel. tion with the facility;
(2) The following must be considered (3) Using or increasing the use of se-
when establishing the appropriate level curity and surveillance equipment;
and location of lighting: (4) Assigning additional personnel as
(i) Vessel personnel should be able to security lookouts;
detect activities on and around the ves- (5) Coordinating with boat patrols,
sel, on both the shore side and the wa- when provided; and
terside; (6) Coordinating with shoreside foot
(ii) Coverage should facilitate per- or vehicle patrols, when provided.
sonnel identification at access points; (d) MARSEC Level 3. In addition to
(iii) Coverage may be provided the security measures for MARSEC
through coordination with the port or Level 1 and MARSEC Level 2, at
facility; and MARSEC Level 3, the vessel owner or
(iv) Lighting effects, such as glare, operator must ensure the implementa-
and its impact on safety, navigation, tion of additional security measures, as
and other security activities. specified for MARSEC Level 3 in the
(b) Maritime Security (MARSEC) Level approved VSP. These additional secu-
1. At MARSEC Level 1, the vessel rity measures may include:

owner or operator must ensure the im- (1) Cooperating with responders and
plementation of security measures, facilities;
351
104.290 33 CFR Ch. I (7110 Edition)
(2) Switching on all lights; are performed, prior to getting under-

(3) Illuminating the vicinity of the way, after any period the vessel was
vessel; unattended.
(4) Switching on all surveillance (b) As an alternative to the identi-
equipment capable of recording activi- fication checks and passenger screen-
ties on, or in the vicinity of, the vessel; ing requirements in 104.265 (f)(2),
(5) Maximizing the length of time (f)(4), and (f)(9), the owner or operator
such surveillance equipment can con- of a passenger vessel or ferry may en-
tinue to record; sure security measures are imple-
(6) Preparing for underwater inspec- mented that include:
tion of the hull; and (1) Searching selected areas prior to
(7) Initiating measures, including the embarking passengers and prior to sail-
slow revolution of the vessels propel- ing; and
lers, if practicable, to deter underwater (2) Implementing one or more of the
access to the hull of the vessel. following:
[USCG200314749, 68 FR 39302, July 1, 2003, as (i) Performing routine security pa-
amended at 68 FR 60514, Oct. 22, 2003] trols;
(ii) Providing additional closed-cir-
104.290 Security incident procedures. cuit television to monitor passenger
For each Maritime Security areas; or
(MARSEC) Level, the vessel owner or (iii) Securing all non-passenger
operator must ensure the Vessel Secu- areas.
rity Officer (VSO) and vessel security (c) Passenger vessels certificated to
personnel are able to: carry more than 2000 passengers, work-
(a) Respond to security threats or ing in coordination with the terminal,
breaches of security and maintain crit- may be subject to additional vehicle
ical vessel and vessel-to-facility inter- screening requirements in accordance
face operations, to include: with a MARSEC Directive or other or-
(1) Prohibiting entry into affected ders issued by the Coast Guard.
area; (d) Owners and operators of passenger
(2) Denying access to the vessel, ex- vessels and ferries covered by this part
cept to those responding to the emer- that use public access facilities, as that
gency; term is defined in 101.105 of this sub-
(3) Implementing MARSEC Level 3 chapter, must address security meas-
security measures throughout the ves- ures for the interface of the vessel and
sel; the public access facility, in accord-
(4) Stopping cargo-handling oper- ance with the appropriate Area Mari-
ations; and time Security Plan.
(5) Notifying shoreside authorities or (e) At MARSEC Level 2, a vessel
other vessels of the emergency; owner or operator must ensure, in addi-
(b) Evacuating the vessel in case of tion to MARSEC Level 1 measures, the
security threats or breaches of secu- implementation of the following:
rity; (1) Search selected areas prior to em-
(c) Reporting security incidents as barking passengers and prior to sailing;
required in 101.305; (2) Passenger vessels certificated to
(d) Briefing all vessel personnel on carry less than 2000 passengers, work-
possible threats and the need for vigi- ing in coordination with the terminal,
lance, soliciting their assistance in re- may be subject to additional vehicle
porting suspicious persons, objects, or screening requirements in accordance
activities; and with a MARSEC Directive or other or-
(e) Securing non-critical operations ders issued by the Coast Guard; and
in order to focus response on critical (3) As an alternative to the identi-
operations. fication and screening requirements in
104.265(f)(4) and (g)(1), intensify pa-
104.292 Additional requirements trols, security sweeps and monitoring
passenger vessels and ferries. identified in paragraph (b) of this sec-
(a) At all Maritime Security tion.

(MARSEC) Levels, the vessel owner or (f) At MARSEC Level 3, a vessel
operator must ensure security sweeps owner or operator may, in addition to
352
MARSEC Levels 1 and 2 measures, as Office of the port where the vessel will
an alternative to the identification be inspected to verify compliance with
checks and passenger screening re- this part and applicable SOLAS re-
quirements in 104.265(f)(4) and (h)(1), quirements. The inspection must be
ensure that random armed security pa- completed and the initial ISSC must be
trols are conducted, which need not issued on or before July 1, 2004.
consist of vessel personnel.
[USCG200314749, 68 FR 39302, July 1, 2003, as
[USCG200314749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, Oct. 22, 2003; USCG
amended at 68 FR 60514, Oct. 22, 2003; USCG 200625556, 72 FR 36328, July 2, 2007]
20080179, 73 FR 35009, June 19, 2008]
104.295 Additional requirements Subpart CVessel Security

cruise ships. Assessment (VSA)
(a) At all MARSEC Levels, the owner
or operator of a cruise ship must en- 104.300 General.
sure the following: (a) The Vessel Security Assessment
(1) Screen all persons, baggage, and (VSA) is a written document that is
personal effects for dangerous sub- based on the collection of background
stances and devices; information and the completion and
(2) Check the identification of all analysis of an on-scene survey.
persons seeking to board the vessel; (b) A single VSA may be performed
this check includes confirming the rea- and applied to more than one vessel to
son for boarding by examining joining the extent that they share physical
instructions, passenger tickets, board- characteristics and operations.
ing passes, government identification (c) Third parties may be used in any
or visitor badges, or work orders; aspect of the VSA if they have the ap-
(3) Perform security patrols; and
propriate skills and if the Company Se-
(4) Search selected areas prior to em-
curity Officer (CSO) reviews and ac-
barking passengers and prior to sailing.
(b) At MARSEC Level 3, the owner or cepts their work.
operator of a cruise ship must ensure (d) Those involved in a VSA should
that security briefs to passengers be able to draw upon expert assistance
about the specific threat are provided. in the following areas:
(1) Knowledge of current security
104.297 Additional requirements threats and patterns;
vessels on international voyages. (2) Recognition and detection of dan-
(a) An owner or operator of a U.S. gerous substances and devices;
flag vessel, which is subject to the (3) Recognition of characteristics and
International Convention for Safety of behavioral patterns of persons who are
Life at Sea, 1974, (SOLAS), must be in likely to threaten security;
compliance with the applicable re- (4) Techniques used to circumvent se-
quirements of SOLAS Chapter XI1, curity measures;
SOLAS Chapter XI2 and the ISPS (5) Methods used to cause a security
Code, part A (Incorporated by ref- incident;
erence, see 101.115 of this subchapter). (6) Effects of dangerous substances
(b) Owners or operators of U.S. flag and devices on vessel structures and
vessels that are required to comply equipment;
with SOLAS, must ensure an Inter-
(7) Vessel security requirements;
national Ship Security Certificate
(ISSC) as provided in 46 CFR 2.0125 is (8) Vessel-to-vessel activity and ves-
obtained for the vessel. This certificate sel-to-facility interface business prac-
must be issued by the Coast Guard. tices;
(c) Owners or operators of vessels (9) Contingency planning, emergency
that require an ISSC in paragraph (b) preparedness and response;
of this section must request an inspec- (10) Physical security requirements;
tion in writing, at least 30 days prior to (11) Radio and telecommunications
systems, including computer systems
the desired inspection date to the Offi-

cer in Charge, Marine Inspection for and networks;
the Marine Inspection Office or Sector (12) Marine engineering; and
353
104.305 33 CFR Ch. I (7110 Edition)
(13) Vessel and port operations. (vi) Alarms;

[USCG200314749, 68 FR 39302, July 1, 2003, as
(vii) Lighting;
amended at 68 FR 60515, Oct. 22, 2003] (viii) Access control systems; and
(ix) Other security systems.
104.305 Vessel Security Assessment (b) On-scene survey. The vessel owner
(VSA) requirements. or operator must ensure that an on-
(a) Background. The vessel owner or scene survey of each vessel is con-
operator must ensure that the fol- ducted. The on-scene survey is to
lowing background information is pro- verify or collect information required
vided to the person or persons who will in paragraph (a) of this section. It con-
conduct the on-scene survey and assists of an actual survey that examines
sessment: and evaluates existing vessel protec-
(1) General layout of the vessel, in- tive measures, procedures, and oper-
cluding the location of: ations for:
(i) Each actual or potential point of (1) Ensuring performance of all secu-
access to the vessel and its function; rity duties;
(ii) Spaces that should have re- (2) Controlling access to the vessel,
stricted access; through the use of identification sys-
(iii) Essential maintenance equip- tems or otherwise;
ment; (3) Controlling the embarkation of
(iv) Cargo spaces and storage; vessel personnel and other persons and
(v) Storage of unaccompanied bag- their effects, including personal effects
gage; and and baggage whether accompanied or
(vi) Vessel stores; unaccompanied;
(2) Threat assessments, including the (4) Supervising the handling of cargo
purpose and methodology of the assess- and the delivery of vessel stores;
ment, for the area or areas in which (5) Monitoring restricted areas to en-
the vessel operates or at which pas- sure that only authorized persons have
sengers embark or disembark; access;
(3) The previous VSA, if any; (6) Monitoring deck areas and areas
(4) Emergency and stand-by equip- surrounding the vessel; and
ment available to maintain essential (7) The ready availability of security
services; communications, information, and
(5) Number of vessel personnel and equipment.
any existing security duties to which (c) Analysis and recommendations. In
they are assigned; conducting the VSA, the Company Se-
(6) Existing personnel training re- curity Officer (CSO) must analyze the
quirement practices of the vessel; vessel background information and the
(7) Existing security and safety on-scene survey, and while considering
equipment for the protection of per- the requirements of this part, provide
sonnel, visitors, passengers, and vessels recommendations for the security
personnel; measures the vessel should include in
(8) Escape and evacuation routes and the Vessel Security Plan (VSP). This
assembly stations that have to be includes but is not limited to the fol-
maintained to ensure the orderly and lowing:
safe emergency evacuation of the ves- (1) Restricted areas;
sel; (2) Response procedures for fire or
(9) Existing agreements with private other emergency conditions;
security companies providing water- (3) Security supervision of vessel per-
side or vessel security services; and sonnel, passengers, visitors, vendors,
(10) Existing security measures and repair technicians, dock workers, etc.;
procedures, including: (4) Frequency and effectiveness of se-
(i) Inspection and control procedures; curity patrols;
(ii) Identification systems; (5) Access control systems, including
(iii) Surveillance and monitoring identification systems;
equipment; (6) Security communication systems
(iv) Personnel identification docu- and procedures;

ments; (7) Security doors, barriers, and
(v) Communication systems; lighting;
354
(8) Any security and surveillance (iii) Personnel protection systems;

equipment and systems; (iv) Procedural policies;
(9) Possible security threats, includ- (v) Radio and telecommunication
ing but not limited to: systems, including computer systems
(i) Damage to or destruction of the and networks; and
vessel or an interfacing facility or ves- (vi) Other areas that may, if damaged
sel by dangerous substances and de- or used illicitly, pose a risk to people,
vices, arson, sabotage, or vandalism; property, or operations on board the
(ii) Hijacking or seizure of the vessel vessel or within a facility.
or of persons on board; (3) The VSA report must list the per-
(iii) Tampering with cargo, essential sons, activities, services, and oper-
vessel equipment or systems, or vessel ations that are important to protect,
stores; in each of the following categories:
(iv) Unauthorized access or use, in- (i) Vessel personnel;
cluding presence of stowaways; (ii) Passengers, visitors, vendors, re-
(v) Smuggling dangerous substances pair technicians, facility personnel,
and devices; etc.;
(vi) Use of the vessel to carry those (iii) Capacity to maintain safe navi-
intending to cause a security incident gation and emergency response;
and/or their equipment; (iv) Cargo, particularly dangerous
(vii) Use of the vessel itself as a goods and hazardous substances;
weapon or as a means to cause damage (v) Vessel stores;
or destruction; (vi) Any vessel security communica-
(viii) Attacks from seaward while at tion and surveillance systems; and
berth or at anchor; and
(vii) Any other vessel security sys-
(ix) Attacks while at sea; and
tems, if any.
(10) Evaluating the potential of each
(4) The VSA report must account for
identified point of access, including
any vulnerabilities in the following
open weather decks, for use by individ-
areas:
uals who might seek to breach secu-
rity, whether or not those individuals (i) Conflicts between safety and secu-
legitimately have access to the vessel. rity measures;
(d) VSA report. (1) The vessel owner or (ii) Conflicts between vessel duties
operator must ensure that a written and security assignments;
VSA report is prepared and included as (iii) The impact of watch-keeping du-
part of the VSP. The VSA report must ties and risk of fatigue on vessel per-
contain: sonnel alertness and performance;
(i) A summary of how the on-scene (iv) Security training deficiencies;
survey was conducted; and
(ii) Existing security measures, pro- (v) Security equipment and systems,
cedures, and operations; including communication systems.
(iii) A description of each vulner- (5) The VSA report must discuss and
ability found during the assessment; evaluate key vessel measures and oper-
(iv) A description of security coun- ations, including:
termeasures that could be used to ad- (i) Ensuring performance of all secu-
dress each vulnerability; rity duties;
(v) A list of the key vessel operations (ii) Controlling access to the vessel,
that are important to protect; through the use of identification sys-
(vi) The likelihood of possible threats tems or otherwise;
to key vessel operations; and (iii) Controlling the embarkation of
(vii) A list of identified weaknesses, vessel personnel and other persons and
including human factors, in the infra- their effects (including personal effects
structure, policies, and procedures of and baggage whether accompanied or
the vessel. unaccompanied);
(2) The VSA report must address the (iv) Supervising the handling of cargo
following elements on board or within and the delivery of vessel stores;
the vessel: (v) Monitoring restricted areas to en-

(i) Physical security; sure that only authorized persons have
(ii) Structural integrity; access;
355
104.310 33 CFR Ch. I (7110 Edition)
(vi) Monitoring deck areas and areas the Commanding Officer, Marine Safe-
surrounding the vessel; and ty Center.
(vii) The ready availability of secu- (b) The VSP must be submitted to
rity communications, information, and the Commanding Officer (MSC), USCG
equipment. Marine Safety Center, 1900 Half Street,
(e) The VSA must be documented and SW., Suite 1000, Room 525, Washington,
the VSA report retained by the vessel DC 20024 for visitors. Send all mail to
owner or operator with the VSP. The Commanding Officer (MSC), United
VSA, the VSA report, and VSP must be States Coast Guard, 2100 2nd St. SW.,
protected from unauthorized access or Stop 7102, Washington, DC 205937102, in
disclosure. a written or electronic format. Infor-
[USCG200314749, 68 FR 39302, July 1, 2003, as mation for submitting the VSP elec-
amended at 68 FR 60515, Oct. 22, 2003] tronically can be found at http://
www.uscg.mil/HQ/MSC. Owners or opera-
104.310 Submission requirements. tors of foreign flag vessels that are sub-
(a) A completed Vessel Security As- ject to SOLAS Chapter XI1 or Chapter
sessment (VSA) report must be sub- XI2 must comply with this part by
mitted with the Vessel Security Plan carrying on board a valid International
(VSP) required in 104.410 of this part. Ship Security Certificate that certifies
(b) A vessel owner or operator may that the verifications required by Sec-
generate and submit a report that con- tion 19.1 of part A of the ISPS Code (In-
tains the VSA for more than one vessel corporated by reference, see 101.115 of
subject to this part, to the extent that this subchapter) have been completed.
they share similarities in physical As stated in Section 9.4 of the ISPS
characteristics and operations. Code, part A requires that, in order for
(c) The VSA must be reviewed and re- the ISSC to be issued, the provisions of
validated, and the VSA report must be part B of the ISPS Code need to be
updated, each time the VSP is sub- taken into account.
mitted for reapproval or revisions. (c) The VSP is sensitive security in-
formation and must be protected in ac-
[USCG200314749, 68 FR 39302, July 1, 2003, as cordance with 49 CFR part 1520.
amended at 68 FR 60515, Oct. 22, 2003] (d) If the VSP is kept in an electronic
format, procedures must be in place to
Subpart DVessel Security Plan prevent its unauthorized deletion, de-
(VSP) struction, or amendment.
104.400 General. [USCG200314749, 68 FR 39302, July 1, 2003, as
amended at 68 FR 60515, Oct. 22, 2003; USCG
(a) The Company Security Officer 200418057, 69 FR 34925, June 23, 2004; USCG
(CSO) must ensure a Vessel Security 200726953, 72 FR 5931, Feb. 8, 2007; USCG
Plan (VSP) is developed and imple- 20100351, 75 FR 36282, June 25, 2010]
mented for each vessel. The VSP:
(1) Must identify the CSO and VSO by 104.405 Format of the Vessel Security
name or position and provide 24-hour Plan (VSP).
contact information; (a) A vessel owner or operator must
(2) Must be written in English, al- ensure that the VSP consists of the in-
though a translation of the VSP in the dividual sections listed in this para-
working language of vessel personnel graph (a). If the VSP does not follow
may also be developed; the order as it appears in the list, the
(3) Must address each vulnerability vessel owner or operator must ensure
identified in the Vessel Security As- that the VSP contains an index identi-
sessment (VSA); fying the location of each of the fol-
(4) Must describe security measures lowing sections:
for each MARSEC Level; (1) Security organization of the ves-
(5) Must state the Masters authority sel;
as described in 104.205; and (2) Personnel training;
(6) May cover more than one vessel to (3) Drills and exercises;
the extent that they share similarities (4) Records and documentation;
in physical characteristics and oper- (5) Response to change in MARSEC
ations, if authorized and approved by Level;
356
(6) Procedures for interfacing with fa- (c) The Commanding Officer, Marine
cilities and other vessels; Safety Center (MSC), will examine
(7) Declarations of Security (DoS); each submission for compliance with
(8) Communications; this part, and either:
(9) Security systems and equipment (1) Approve it and specify any condi-
maintenance; tions of approval, returning to the sub-
(10) Security measures for access con- mitter a letter stating its acceptance
trol, including designated passenger ac- and any conditions;
cess areas and employee access areas; (2) Return it for revision, returning a
(11) Security measures for restricted copy to the submitter with brief de-
areas; scriptions of the required revisions; or
(12) Security measures for handling (3) Disapprove it, returning a copy to
cargo; the submitter with a brief statement of
(13) Security measures for delivery of the reasons for disapproval.
(d) A VSP may be submitted and ap-
vessel stores and bunkers;
proved to cover more than one vessel
(14) Security measures for moni-
where the vessel design and operations
toring;
are similar.
(15) Security incident procedures;
(e) Each company or vessel, owner or
(16) Audits and Vessel Security Plan operator, that submits one VSP to
(VSP) amendments; and cover two or more vessels of similar de-
(17) Vessel Security Assessment sign and operation must address vessel-
(VSA) Report. specific information that includes the
(b) The VSP must describe in detail physical and operational characteris-
how the requirements of subpart B of tics of each vessel.
this part will be met. VSPs that have (f) A plan that is approved by the
been approved by the Coast Guard prior MSC is valid for 5 years from the date
to March 26, 2007, do not need to be of its approval.
amended to describe their TWIC proce-
dures until the next regularly sched- [USCG200314749, 68 FR 39302, July 1, 2003, as
uled resubmission of the VSP. amended at 68 FR 60515, Oct. 22, 2003; USCG
200419963, 70 FR 74669, Dec. 16, 2005]
[USCG200314749, 68 FR 39302, July 1, 2003, as
amended by USCG200624196, 72 FR 3582, 104.415 Amendment and audit.
Jan. 25, 2007] (a) Amendments. (1) Amendments to a
Vessel Security Plan that are approved
104.410 Submission and approval.
by the Marine Safety Center (MSC)
(a) In accordance with 104.115, on or may be initiated by:
before December 31, 2003, each vessel (i) The vessel owner or operator; or
owner or operator must either: (ii) The Coast Guard upon a deter-
(1) Submit one copy of their Vessel mination that an amendment is needed
Security Plan (VSP), in English, for re- to maintain the vessels security. The
view and approval to the Commanding Coast Guard will give the vessel owner
Officer, Marine Safety Center (MSC) or operator written notice and request
and a letter certifying that the VSP that the vessel owner or operator pro-
meets applicable requirements of this pose amendments addressing any mat-
part; or ters specified in the notice. The com-
(2) If intending to operate under an pany owner or operator will have at
Approved Security Program, a letter least 60 days to submit its proposed
signed by the vessel owner or operator amendments. Until amendments are
stating which approved Alternative Se- approved, the company owner or oper-
curity Program the owner or operator ator shall ensure temporary security
intends to use. measures are implemented to the satis-
(b) Owners or operators of vessels not faction of the Coast Guard.
in service on or before December 31, (2) Proposed amendments must be
2003, must comply with the require- sent to the MSC at the address shown
ments in paragraph (a) of this section in 104.400(b) of this part. If initiated
60 days prior to beginning operations by the company or vessel, owner or op-

or by December 31, 2003, whichever is erator, the proposed amendment must
later. be submitted at least 30 days before the
357
amendment is to take effect unless the (iii) Be independent of any security

MSC allows a shorter period. The MSC measures being audited.
will approve or disapprove the proposed (5) If the results of an audit require
amendment in accordance with 104.410 amendment of either the VSA or VSP,
of this part. the VSO or CSO must submit, in ac-
(3) Nothing in this section should be cordance with 104.410 of this part, the
construed as limiting the vessel owner amendments to the MSC for review and
or operator from the timely implemen- approval no later than 30 days after
tation of such additional security completion of the audit and a letter
measures not enumerated in the ap- certifying that the amended VSP
proved VSP as necessary to address ex- meets the applicable requirements of
igent security situations. In such this part.
cases, the owner or operator must no-
[USCG200314749, 68 FR 39302, July 1, 2003; 68
tify the MSC by the most rapid means FR 41915, July 16, 2003, as amended at 68 FR
practicable as to the nature of the ad- 60515, Oct. 22, 2003]
ditional measures, the circumstances
that prompted these additional meas-
ures, and the period of time these addi-
PART 105MARITIME SECURITY:
tional measures are expected to be in FACILITIES
place.
(4) If the owner or operator has Subpart A-General
changed, the Vessel Security Officer Sec.
(VSO) must amend the Vessel Security 105.100 Definitions.
Plan (VSP) to include the name and 105.105 Applicability.
contact information of the new vessel 105.106 Public access areas.
owner or operator and submit the af- 105.110 Exemptions.
fected portion of the VSP for review 105.115 Compliance dates.
and approval in accordance with 105.120 Compliance documentation.
105.125 Noncompliance.
104.410 of this part.
105.130 Waivers.
(b) Audits. (1) The CSO or VSO must 105.135 Equivalents.
ensure an audit of the VSP is per- 105.140 Alternative Security Program.
formed annually, beginning no later 105.145 Maritime Security (MARSEC) Direc-
than one year from the initial date of tive.
approval and attach a letter to the 105.150 Right to appeal.
VSP certifying that the VSP meets the
applicable requirements of this part. Subpart BFacility Security Requirements
(2) The VSP must be audited if there 105.200 Owner or operator.
is a change in the companys or vessels 105.205 Facility Security Officer (FSO).
ownership or operator, or if there have 105.210 Facility personnel with security du-
been modifications to the vessel, in- ties.
cluding but not limited to physical 105.215 Security training for all other facil-
structure, emergency response proce- ity personnel.
dures, security measures, or oper- 105.220 Drill and exercise requirements.
ations. 105.225 Facility recordkeeping require-
(3) Auditing the VSP as a result of ments.
105.230 Maritime Security (MARSEC) Level
modifications to the vessel may be lim- coordination and implementation.
ited to those sections of the VSP af- 105.235 Communications.
fected by the vessel modifications. 105.240 Procedures for interfacing with ves-
(4) Unless impracticable due to the sels.
size and nature of the company or the 105.245 Declaration of Security (DoS).
vessel, personnel conducting internal 105.250 Security systems and equipment
audits of the security measures speci- maintenance.
fied in the VSP or evaluating its imple- 105.255 Security measures for access con-
mentation must: trol.
105.257 Security measures for newly-hired
(i) Have knowledge of methods of employees.
conducting audits and inspections, and 105.260 Security measures for restricted
control and monitoring techniques; areas.

(ii) Not have regularly assigned secu- 105.265 Security measures for handling
rity duties; and cargo.
358
105.270 Security measures for delivery of (4) Facility that receives foreign
vessel stores and bunkers. cargo vessels greater than 100 gross
105.275 Security measures for monitoring. register tons;
105.280 Security incident procedures. (5) Facility that receives U.S. cargo
105.285 Additional requirementspassenger vessels, greater than 100 gross register
and ferry facilities.
tons, subject to 46 CFR chapter I, sub-
105.290 Additional requirementscruise
ship terminals.
chapter I, except for those facilities
105.295 Additional requirementsCertain
that receive only commercial fishing
Dangerous Cargo (CDC) facilities. vessels inspected under 46 CFR part
105.296 Additional requirementsbarge 105; or
fleeting facilities. (6) Barge fleeting facility that re-
ceives barges carrying, in bulk, cargoes
Subpart CFacility Security Assessment regulated by 46 CFR chapter I, sub-
(FSA) chapters D or O, or Certain Dangerous
Cargoes.
105.300 General. (b) An owner or operator of any facil-
105.305 Facility Security Assessment (FSA)
ity not covered in paragraph (a) of this
requirements.
section is subject to parts 101 through
105.310 Submission requirements.
103 of this subchapter.
Subpart DFacility Security Plan (FSP) (c) This part does not apply to the
owner or operator of the following U.S.
105.400 General. facilities:
105.405 Format and content of the Facility (1) A facility owned or operated by
Security Plan (FSP). the U.S. that is used primarily for mili-
105.410 Submission and approval. tary purposes.
105.415 Amendment and audit. (2) An oil and natural gas production,
APPENDIX A TO PART 105FACILITY VULNER- exploration, or development facility
ABILITY AND SECURITY MEASURE SUMMARY regulated by 33 CFR parts 126 or 154 if:
(CG6025). (i) The facility is engaged solely in
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. the exploration, development, or pro-
70103; 50 U.S.C. 191; 33 CFR 1.051, 6.0411, 6.14, duction of oil and natural gas; and
6.16, and 6.19; Department of Homeland Secu- (ii) The facility does not meet or ex-
rity Delegation No. 0170.1. ceed the operating conditions in
SOURCE: USCG200314732, 68 FR 39322, July 106.105 of this subchapter;
1, 2003, unless otherwise noted. (3) A facility that supports the pro-
duction, exploration, or development of
Subpart AGeneral oil and natural gas regulated by 33 CFR
parts 126 or 154 if:
105.100 Definitions. (i) The facility is engaged solely in
the support of exploration, develop-
Except as specifically stated in this ment, or production of oil and natural
subpart, the definitions in part 101 of gas and transports or stores quantities
this subchapter apply to this part. of hazardous materials that do not
105.105 Applicability. meet or exceed those specified in 49
CFR 172.800(b)(1) through (b)(6); or
(a) The requirements in this part (ii) The facility stores less than 42,000
apply to the owner or operator of any gallons of cargo regulated by 33 CFR
U.S.: part 154;
(1) Facility subject to 33 CFR parts (4) A mobile facility regulated by 33
126, 127, or 154; CFR part 154; or
(2) Facility that receives vessels cer- (5) An isolated facility that receives
tificated to carry more than 150 pas- materials regulated by 33 CFR parts 126
sengers, except those vessels not car- or 154 by vessel due to the lack of road
rying and not embarking or dis- access to the facility and does not dis-
embarking passengers at the facility; tribute the material through secondary
(3) Facility that receives vessels submarine transfers.
ject to the International Convention (d) The TWIC requirements found in

for Safety of Life at Sea, 1974, chapter this part do not apply to mariners em-
XI; ployed aboard vessels moored at U.S.
359
105.106 33 CFR Ch. I (7110 Edition)
facilities only when they are working (ii) Ensure that the cognizant COTP
immediately adjacent to their vessels has the appropriate information for
in the conduct of vessel activities. contacting the individual with security
[USCG200314732, 68 FR 39322, July 1, 2003, as
responsibilities for the public access fa-
amended at 68 FR 60541, Oct. 22, 2003; USCG cility at all times.
200624196, 72 FR 55048, Sept. 28, 2007] (3) The cognizant COTP may with-
draw the exemption for a public access
105.106 Public access areas. facility at any time the owner or oper-
(a) A facility serving ferries or pas- ator fails to comply with any require-
senger vessels certificated to carry ment of the COTP as a condition of the
more than 150 passengers, other than exemption or any measure ordered by
cruise ships, may designate an area the COTP pursuant to existing COTP
within the facility as a public access authority.
area. (e) An owner or operator of a facility
(b) A public access area is a defined is not subject to this part if the facility
space within a facility that is open to receives only vessels to be laid-up, dis-
all persons and provides pedestrian ac- mantled, or otherwise placed out of
cess through the facility from public commission provided that the vessels
thoroughfares to the vessel. are not carrying and do not receive
[USCG200314732, 68 FR 39322, July 1, 2003, as
cargo or passengers at that facility.
amended at 68 FR 60540, Oct. 22, 2003] [USCG200314732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60540, Oct. 22, 2003]
105.110 Exemptions.
(a) An owner or operator of any barge 105.115 Compliance dates.
fleeting facility subject to this part is (a) On or before December 31, 2003, fa-
exempt from complying with 105.265, cility owners or operators must submit
Security measures for handling cargo; to the cognizant COTP for each facil-
and 105.270, Security measures for de- ity
livery of vessel stores and bunkers. (1) The Facility Security Plan de-
(b) A public access area designated scribed in subpart D of this part for re-
under 105.106 is exempt from the review and approval; or
quirements for screening of persons,
(2) If intending to operate under an
baggage, and personal effects and iden-
approved Alternative Security Pro-
tification of persons in 105.255(c),
gram, a letter signed by the facility
(e)(1), (e)(3), (f)(1), and (g)(1) and
owner or operator stating which ap-
105.285(a)(1).
proved Alternative Security Program
(c) An owner or operator of any gen-
the owner or operator intends to use.
eral shipyard facility as defined in
101.105 is exempt from the require- (b) On or before July 1, 2004, each fa-
ments of this part unless the facility: cility owner or operator must be oper-
(1) Is subject to parts 126, 127, or 154 ating in compliance with this part.
of this chapter; or (c) Facility owners or operators wish-
(2) Provides any other service to ves- ing to designate only those portions of
sels subject to part 104 of this sub- their facility that are directly con-
chapter not related to construction, re- nected to maritime transportation or
pair, rehabilitation, refurbishment, or are at risk of being involved in a trans-
rebuilding. portation security incident as their se-
(d) Public access facility. (1) The COTP cure area(s) must do so by submitting
may exempt a public access facility an amendment to their Facility Secu-
from the requirements of this part, in- rity Plan to their cognizant COTP, in
cluding establishing conditions for accordance with 105.415 of this part,
which such an exemption is granted, to by September 4, 2007.
ensure that adequate security is main- (d) Persons required to obtain a
tained. TWIC under this part may enroll begin-
(2) The owner or operator of any pub- ning after the date set by the Coast
lic access facility exempted under this Guard in a Notice to be published in
section must: the FEDERAL REGISTER. This notice

(i) Comply with any COTP conditions will be directed to all facilities and
for the exemption; and vessels within a specific COTP zone.
360
(e) Facility owners or operators must 105.125 Noncompliance.

be operating in accordance with the
When a facility must temporarily de-
TWIC provisions in this part by the
viate from the requirements of this
date set by the Coast Guard in a Notice
to be published in the FEDERAL REG- part, the facility owner or operator
ISTER. This Notice will be published at
must notify the cognizant COTP, and
least 90 days before compliance must either suspend operations or request
begin, and will be directed to all facili- and receive permission from the COTP
ties within a specific Captain of the to continue operating.
Port zone, based on whether enroll- [USCG200314732, 68 FR 60541, Oct. 22, 2003]
ment has been completed in that zone.
Unless an earlier compliance date is 105.130 Waivers.
specified in this manner, all facility
Any facility owner or operator may
owner or operators will need to imple-
apply for a waiver of any requirement
ment their TWIC provisions no later
of this part that the facility owner or
than April 15, 2009.
operator considers unnecessary in light
[USCG200314732, 68 FR 39322, July 1, 2003, as of the nature or operating conditions of
amended at 68 FR 60540, Oct. 22, 2003; USCG the facility, prior to operating. A re-
200419963, 70 FR 74669, Dec. 16, 2005; USCG quest for a waiver must be submitted
200624196, 72 FR 3582, Jan. 25, 2007; 72 FR
in writing with justification to the
38486, July 13, 2007; 73 FR 25565, May 7, 2008]
Commandant (CG-54) at 2100 2nd St.
105.120 Compliance documentation. SW., Stop 7581, Washington, DC 20593
7581. The Commandant (CG-54) may re-
Each facility owner or operator sub- quire the facility owner or operator to
ject to this part must ensure, on or be- provide data for use in determining the
fore July 1, 2004, that copies of the fol- validity of the requested waiver. The
lowing documentation are available at
Commandant (CG-54) may grant, in
the facility and are made available to
writing, a waiver with or without con-
the Coast Guard upon request:
ditions only if the waiver will not re-
(a) The approved Facility Security duce the overall security of the facil-
Plan (FSP), as well as any approved re-
ity, its employees, visiting vessels, or
visions or amendments thereto, and a
ports.
letter of approval from the COTP dated
within the last 5 years; [USCG200314732, 68 FR 39322, July 1, 2003; 68
(b) The FSP submitted for approval FR 41916, July 16, 2003; USCG20080179, 73 FR
and an acknowledgement letter from 35009, June 19, 2008; USCG20100351, 75 FR
the COTP stating that the Coast Guard 36282, June 25, 2010]
is currently reviewing the FSP sub-
mitted for approval, and that the facil-
ity may continue to operate so long as For any measure required by this
the facility remains in compliance part, the facility owner or operator
with the submitted FSP; or may propose an equivalent as provided
(c) For facilities operating under a in 101.130 of this subchapter.
Coast Guard-approved Alternative Se-
curity Program as provided in 105.140, 105.140 Alternative Security Pro-
a copy of the Alternative Security Pro- gram.
gram the facility is using, including a (a) A facility owner or operator may
facility specific security assessment re- use an Alternative Security Program
port generated under the Alternative approved under 101.120 of this sub-
Security Program, as specified in chapter if:
101.120(b)(3) of this subchapter, and a (1) The Alternative Security Program
letter signed by the facility owner or is appropriate to that facility;
operator, stating which Alternative Se- (2) The Alternative Security Program
curity Program the facility is using is implemented in its entirety.
and certifying that the facility is in (b) A facility owner or operator using
full compliance with that program.
an Alternative Security Program ap-

[USCG200314732, 68 FR 39322, July 1, 2003, as proved under 101.120 of this sub-
amended at 68 FR 60541, Oct. 22, 2003] chapter must complete and submit to
361
105.145 33 CFR Ch. I (7110 Edition)
the cognizant COTP a Facility Vulner- (iii) Notifying facility employees,

ability and Security Measures Sum- and passengers if applicable, of what
mary (Form CG6025) in appendix A to parts of the facility are secure areas
part 105Facility Vulnerability and and public access areas, as applicable,
Security (CG6025). and ensuring such areas are clearly
marked.
105.145 Maritime Security (MARSEC) (7) Ensure that restricted areas are
Directive.
controlled and TWIC provisions are co-
Each facility owner or operator sub- ordinated, if applied to such restricted
ject to this part must comply with any areas;
instructions contained in a MARSEC (8) Ensure that adequate coordina-
Directive issued under 101.405 of this tion of security issues takes place be-
subchapter. tween the facility and vessels that call
105.150 Right to appeal. on it, including the execution of a Dec-
laration of Security (DoS) as required
Any person directly affected by a de- by this part;
cision or action taken under this part,
(9) Ensure coordination of shore leave
by or on behalf of the Coast Guard,
for vessel personnel or crew change-
may appeal as described in 101.420 of
out, as well as access through the facil-
this subchapter.
ity for visitors to the vessel (including
representatives of seafarers welfare
Subpart BFacility Security and labor organizations), with vessel
Requirements operators in advance of a vessels ar-
rival. In coordinating such leave, facil-
105.200 Owner or operator.
ity owners or operators may refer to
(a) Each facility owner or operator treaties of friendship, commerce, and
must ensure that the facility operates navigation between the U.S. and other
in compliance with the requirements of nations. The text of these treaties can
this part. be found at http://www.marad.dot.gov/
(b) For each facility, the facility Programs/treaties.html;
owner or operator must: (10) Ensure, within 12 hours of notifi-
(1) Define the security organizational cation of an increase in MARSEC
structure and provide each person exer- Level, implementation of the addi-
cising security duties and responsibil- tional security measures required for
ities within that structure the support the new MARSEC Level;
needed to fulfill those obligations;
(11) Ensure security for unattended
(2) Designate, in writing, by name or
vessels moored at the facility;
by title, a Facility Security Officer
(FSO) and identify how the officer can (12) Ensure the report of all breaches
be contacted at any time; of security and transportation security
(3) Ensure that a Facility Security incidents to the National Response
Assessment (FSA) is conducted; Center in accordance with part 101 of
(4) Ensure the development and sub- this chapter;
mission for approval of an FSP; (13) Ensure consistency between secu-
(5) Ensure that the facility operates rity requirements and safety require-
in compliance with the approved FSP; ments;
(6) Ensure that the TWIC program is (14) Inform facility personnel of their
properly implemented as set forth in responsibility to apply for and main-
this part, including: tain a TWIC, including the deadlines
(i) Ensuring that only individuals and methods for such applications, and
who hold a TWIC and are authorized to of their obligation to inform TSA of
be in the secure area in accordance any event that would render them in-
with the FSP are permitted to escort; eligible for a TWIC, or which would in-
(ii) Identifying what action is to be validate their existing TWIC;
taken by an escort, or other authorized (15) Ensure that protocols consistent
individual, should individuals under es- with section 105.255(c) of this part, for
cort engage in activities other than dealing with individuals requiring ac-
those for which escorted access was cess who report a lost, damaged, or sto-
granted; and len TWIC, or who have applied for and
362
not yet received a TWIC, are in place; (ii) Relevant government legislation
and and regulations;
(16) If applicable, ensure that proto- (iii) Responsibilities and functions of
cols consistent with 105.257 of this local, State, and Federal law enforce-
part, for dealing with newly hired em- ment agencies;
ployees who have applied for and not (iv) Security assessment method-
yet received a TWIC, are in place. ology;
[USCG200314732, 68 FR 39322, July 1, 2003, as (v) Methods of facility security sur-
amended at 68 FR 60541, Oct. 22, 2003; USCG veys and inspections;
200624196, 72 FR 3582, Jan. 25, 2007] (vi) Instruction techniques for secu-
rity training and education, including
105.205 Facility Security Officer security measures and procedures;
(FSO). (vii) Handling sensitive security in-
(a) General. (1) The FSO may perform formation and security related commu-
other duties within the owners or op- nications;
erators organization, provided he or (viii) Current security threats and
she is able to perform the duties and patterns;
responsibilities required of the FSO. (ix) Recognizing and detecting dan-
(2) The same person may serve as the gerous substances and devices;
FSO for more than one facility, pro- (x) Recognizing characteristics and
vided the facilities are in the same behavioral patterns of persons who are
COTP zone and are not more than 50 likely to threaten security;
miles apart. If a person serves as the (xi) Techniques used to circumvent
FSO for more than one facility, the security measures;
name of each facility for which he or (xii) Conducting physical searches
she is the FSO must be listed in the and non-intrusive inspections;
Facility Security Plan (FSP) of each (xiii) Conducting security drills and
facility for which or she is the FSO. exercises, including exercises with ves-
(3) The FSO may assign security du- sels; and
ties to other facility personnel; how- (xiv) Assessing security drills and ex-
ever, the FSO retains the responsi- ercises.
bility for these duties.
(xv) Knowledge of TWIC require-
(4) The FSO must maintain a TWIC.
ments.
(b) Qualifications. (1) The FSO must
(c) Responsibilities. In addition to
have general knowledge, through train-
those responsibilities and duties speci-
ing or equivalent job experience, in the
fied elsewhere in this part, the FSO
following:
(i) Security organization of the facil- must, for each facility for which he or
ity; she has been designated:
(ii) General vessel and facility oper- (1) Ensure that the Facility Security
ations and conditions; Assessment (FSA) is conducted;
(iii) Vessel and facility security (2) Ensure the development and im-
measures, including the meaning and plementation of a FSP;
the requirements of the different (3) Ensure that an annual audit is
MARSEC Levels; conducted, and if necessary that the
(iv) Emergency preparedness, re- FSA and FSP are updated;
sponse, and contingency planning; (4) Ensure the FSP is exercised per
(v) Security equipment and systems, 105.220 of this part;
and their operational limitations; and (5) Ensure that regular security in-
(vi) Methods of conducting audits, inspections of the facility are conducted;
spections, control, and monitoring (6) Ensure the security awareness and
techniques. vigilance of the facility personnel;
(2) In addition to knowledge and (7) Ensure adequate training to per-
training required in paragraph (b)(1) of sonnel performing facility security du-
this section, the FSO must have knowl- ties;
edge of and receive training in the fol- (8) Ensure that occurrences that
lowing, as appropriate: threaten the security of the facility are

(i) Relevant international laws and recorded and reported to the owner or
codes, and recommendations; operator;
363
105.210 33 CFR Ch. I (7110 Edition)
(9) Ensure the maintenance of (e) Crowd management and control

records required by this part; techniques;
(10) Ensure the preparation and the (f) Security related communications;
submission of any reports as required (g) Knowledge of emergency proce-
by this part; dures and contingency plans;
(11) Ensure the execution of any re- (h) Operation of security equipment
quired Declarations of Security with and systems;
Masters, Vessel Security Officers or
(i) Testing, calibration, and mainte-
their designated representatives;
(12) Ensure the coordination of secu- nance of security equipment and sys-
rity services in accordance with the ap- tems;
proved FSP; (j) Inspection, control, and moni-
(13) Ensure that security equipment toring techniques;
is properly operated, tested, calibrated, (k) Relevant provisions of the Facil-
and maintained; ity Security Plan (FSP);
(14) Ensure the recording and report- (l) Methods of physical screening of
ing of attainment changes in MARSEC persons, personal effects, baggage,
Levels to the owner or operator and cargo, and vessel stores; and
the cognizant COTP; (m) The meaning and the consequen-
(15) When requested, ensure that the tial requirements of the different
Vessel Security Officers receive assist- MARSEC Levels.
ance in confirming the identity of visi- (n) Familiar with all relevant aspects
tors and service providers seeking to of the TWIC program and how to carry
board the vessel through the facility;
them out.
(16) Ensure notification, as soon as
possible, to law enforcement personnel [USCG200314732, 68 FR 39322, July 1, 2003, as
and other emergency responders to per- amended by USCG200624196, 72 FR 3583,
mit a timely response to any transpor- Jan. 25, 2007]
tation security incident;
(17) Ensure that the FSP is sub- 105.215 Security training for all
mitted to the cognizant COTP for ap- other facility personnel.
proval, as well as any plans to change All other facility personnel, includ-
the facility or facility infrastructure ing contractors, whether part-time,
prior to amending the FSP; and full-time, temporary, or permanent,
(18) Ensure that all facility personnel must have knowledge of, through
are briefed of changes in security con- training or equivalent job experience,
ditions at the facility. in the following, as appropriate:
(19) Ensure the TWIC program is
(a) Relevant provisions of the Facil-
being properly implemented.
ity Security Plan (FSP);
[USCG200314732, 68 FR 39322, July 1, 2003, as (b) The meaning and the consequen-
amended at 68 FR 60541, Oct. 22, 2003; USCG tial requirements of the different
200624196, 72 FR 3583, Jan. 25, 2007]
MARSEC Levels as they apply to them,
105.210 Facility personnel with secu- including emergency procedures and
rity duties. contingency plans;
Facility personnel responsible for se- (c) Recognition and detection of dan-
curity duties must maintain a TWIC, gerous substances and devices;
and must have knowledge, through (d) Recognition of characteristics and
training or equivalent job experience, behavioral patterns of persons who are
in the following, as appropriate: likely to threaten security; and
(a) Knowledge of current security (e) Techniques used to circumvent se-
threats and patterns; curity measures.
(b) Recognition and detection of dan- (f) Familiar with all relevant aspects
gerous substances and devices; of the TWIC program and how to carry
(c) Recognition of characteristics and them out.
behavioral patterns of persons who are
[USCG200314732, 68 FR 39322, July 1, 2003, as
likely to threaten security;

(d) Techniques used to circumvent se- amended at 68 FR 60541, Oct. 22, 2003; USCG
curity measures; 200624196, 72 FR 3583, Jan. 25, 2007]
364
105.220 Drill and exercise require- (4) Each exercise must test commu-
ments. nication and notification procedures,
(a) General. (1) Drills and exercises and elements of coordination, resource
must test the proficiency of facility availability, and response.
(5) Exercises are a full test of the se-
personnel in assigned security duties at
curity program and must include sub-
all MARSEC Levels and the effective
stantial and active participation of
implementation of the Facility Secu-
FSOs, and may include government au-
rity Plan (FSP). They must enable the
thorities and vessels visiting the facil-
Facility Security Officer (FSO) to iden-
ity. Requests for participation of Com-
tify any related security deficiencies
pany and Vessel Security Officers in
that need to be addressed.
joint exercises should consider the se-
(2) A drill or exercise required by this curity and work implications for the
section may be satisfied with the im- vessel.
plementation of security measures re-
quired by the FSP as the result of an [USCG200314732, 68 FR 39322, July 1, 2003, as
increase in the MARSEC Level, pro- amended at 68 FR 60541, Oct. 22, 2003]
vided the facility reports attainment
105.225 Facility recordkeeping re-
to the cognizant COTP. quirements.
(b) Drills. (1) The FSO must ensure
that at least one security drill is con- (a) Unless otherwise specified in this
ducted every 3 months. Security drills section, the Facility Security Officer
may be held in conjunction with non- (FSO) must keep records of the activi-
security drills, where appropriate. ties as set out in paragraph (b) of this
(2) Drills must test individual ele- section for at least 2 years and make
ments of the FSP, including response them available to the Coast Guard
to security threats and incidents. upon request.
(b) Records required by this section
Drills should take into account the
may be kept in electronic format. If
types of operations of the facility, fa-
kept in an electronic format, they
cility personnel changes, the type of
must be protected against unauthor-
vessel the facility is serving, and other
ized deletion, destruction, or amend-
relevant circumstances. Examples of
ment. The following records must be
drills include unauthorized entry to a
kept:
restricted area, response to alarms, and
(1) Training. For training under
notification of law enforcement au-
105.210, the date of each session, dura-
thorities.
tion of session, a description of the
(3) If a vessel is moored at the facil-
training, and a list of attendees;
ity on the date the facility has planned
(2) Drills and exercises. For each drill
to conduct any drills, the facility can-
or exercise, the date held, description
not require the vessel or vessel per-
of drill or exercise, list of participants,
sonnel to be a part of or participate in
and any best practices or lessons
the facilitys scheduled drill.
learned which may improve the Facil-
(c) Exercises. (1) Exercises must be ity Security Plan (FSP);
conducted at least once each calendar (3) Incidents and breaches of security.
year, with no more than 18 months be- For each incident or breach of security,
tween exercises. the date and time of occurrence, loca-
(2) Exercises may be: tion within the facility, description of
(i) Full scale or live; incident or breaches, to whom it was
(ii) Tabletop simulation or seminar; reported, and description of the re-
(iii) Combined with other appropriate sponse;
exercises; or (4) Changes in MARSEC Levels. For
(iv) A combination of the elements in each change in MARSEC Level, the
paragraphs (c)(2)(i) through (iii) of this date and time of notification received,
section. and time of compliance with additional
(3) Exercises may be facility-specific requirements;
or part of a cooperative exercise pro- (5) Maintenance, calibration, and test-
gram with applicable facility and ves- ing of security equipment. For each oc-
sel security plans or comprehensive currence of maintenance, calibration,
port exercises. and testing, record the date and time,
365
105.230 33 CFR Ch. I (7110 Edition)
and the specific security equipment in- (e) At MARSEC Level 3, in addition
volved; to the requirements in this part, a fa-
(6) Security threats. For each security cility owner or operator may be re-
threat, the date and time of occur- quired to implement additional meas-
rence, how the threat was commu- ures, pursuant to 33 CFR part 6, 160, or
nicated, who received or identified the 165, as appropriate, which may include
threat, description of threat, to whom but are not limited to:
it was reported, and description of the (1) Use of waterborne security patrol;
response; (2) Use of armed security personnel
(7) Declaration of Security (DoS) A to control access to the facility and to
copy of each single-visit DoS and a deter, to the maximum extent prac-
copy of each continuing DoS for at tical, a transportation security inci-
least 90 days after the end of its effec- dent; and
tive period; and (3) Examination of piers, wharves,
(8) Annual audit of the FSP. For each and similar structures at the facility
annual audit, a letter certified by the for the presence of dangerous sub-
FSO stating the date the audit was stances or devices underwater or other
completed. threats.
(c) Any record required by this part
must be protected from unauthorized 105.235 Communications.
access or disclosure. (a) The Facility Security Officer
[USCG200314732, 68 FR 39322, July 1, 2003, as must have a means to effectively no-
amended at 68 FR 60541, Oct. 22, 2003] tify facility personnel of changes in se-
curity conditions at the facility.
105.230 Maritime Security (MARSEC) (b) Communication systems and pro-
Level coordination and implemen- cedures must allow effective and con-
tation. tinuous communications between the
(a) The facility owner or operator facility security personnel, vessels
must ensure the facility operates in interfacing with the facility, the cog-
compliance with the security require- nizant COTP, and national and local
ments in this part for the MARSEC authorities with security responsibil-
Level in effect for the port. ities.
(b) When notified of an increase in (c) At each active facility access
the MARSEC Level, the facility owner point, provide a means of contacting
and operator must ensure: police, security control, or an emer-
(1) Vessels moored to the facility and gency operations center, by telephones,
vessels scheduled to arrive at the facil- cellular phones, and/or portable radios,
ity within 96 hours of the MARSEC or other equivalent means.
Level change are notified of the new (d) Facility communications systems
MARSEC Level and the Declaration of must have a backup means for both in-
Security is revised as necessary; ternal and external communications.
(2) The facility complies with the re-
quired additional security measures 105.240 Procedures for interfacing
within 12 hours; and with vessels.
(3) The facility reports compliance or The facility owner or operator must
noncompliance to the COTP. ensure that there are measures for
(c) For MARSEC Levels 2 and 3, the interfacing with vessels at all MARSEC
Facility Security Officer must inform Levels.
all facility personnel about identified
threats, and emphasize reporting pro- 105.245 Declaration of Security
cedures and stress the need for in- (DoS).
creased vigilance. (a) Each facility owner or operator
(d) An owner or operator whose facil- must ensure procedures are established
ity is not in compliance with the re- for requesting a DoS and for handling
quirements of this section, must in- DoS requests from a vessel.
form the COTP and obtain approval (b) At MARSEC Level 1, a facility re-
prior to interfacing with a vessel or ceiving a cruise ship or a manned ves-
continuing operations. sel carrying Certain Dangerous Cargo,
366
in bulk, must comply with the fol- tained according to manufacturers

lowing: recommendations.
(1) Prior to the arrival of a vessel to (b) Security systems must be regu-
the facility, the Facility Security Offi- larly tested in accordance with the
cer (FSO) and Master, Vessel Security manufacturers recommendations;
Officer (VSO), or their designated rep- noted deficiencies corrected promptly;
resentatives must coordinate security and the results recorded as required in
needs and procedures, and agree upon 105.225 of this subpart.
the contents of the DoS for the period (c) The FSP must include procedures
of time the vessel is at the facility; and for identifying and responding to secu-
(2) Upon the arrival of the vessel at rity system and equipment failures or
the facility, the FSO and Master, VSO, malfunctions.
or their designated representative,
must sign the written DoS. 105.255 Security measures for access
(c) Neither the facility nor the vessel control.
may embark or disembark passengers, (a) General. The facility owner or op-
nor transfer cargo or vessel stores until erator must ensure the implementation
the DoS has been signed and imple- of security measures to:
mented. (1) Deter the unauthorized introduc-
(d) At MARSEC Levels 2 and 3, the tion of dangerous substances and de-
FSOs, or their designated representa- vices, including any device intended to
tives, of facilities interfacing with damage or destroy persons, vessels, fa-
manned vessels subject to part 104, of cilities, or ports;
this subchapter must sign and imple- (2) Secure dangerous substances and
ment DoSs as required in (b)(1) and (2) devices that are authorized by the
of this section. owner or operator to be on the facility;
(e) At MARSEC Levels 1 and 2, FSOs (3) Control access to the facility; and
of facilities that frequently interface (4) Prevent an unescorted individual
with the same vessel may implement a from entering an area of the facility
continuing DoS for multiple visits, pro- that is designated as a secure area un-
vided that: less the individual holds a duly issued
(1) The DoS is valid for a specific TWIC and is authorized to be in the
MARSEC Level; area.
(2) The effective period at MARSEC (b) The facility owner or operator
Level 1 does not exceed 90 days; and must ensure that the following are
(3) The effective period at MARSEC specified:
Level 2 does not exceed 30 days. (1) The locations where restrictions
(f) When the MARSEC Level in- or prohibitions that prevent unauthor-
creases beyond that contained in the ized access are applied for each
DoS, the continuing DoS is void and a MARSEC Level, including those points
new DoS must be executed in accord- where TWIC access control provisions
ance with this section. will be applied. Each location allowing
(g) A copy of all currently valid con- means of access to the facility must be
tinuing DoSs must be kept with the addressed;
Facility Security Plan. (2) The types of restrictions or prohi-
(h) The COTP may require, at any bitions to be applied and the means of
time, at any MARSEC Level, any facil- enforcing them;
ity subject to this part to implement a (3) The means used to establish the
DoS with the VSO prior to any vessel- identity of individuals not in posses-
to-facility interface when he or she sion of a TWIC, in accordance with
deems it necessary. 101.515 of this subchapter, and proce-
[USCG200314732, 68 FR 39322, July 1, 2003, as dures for escorting them;
amended at 68 FR 60541, Oct. 22, 2003] (4) Procedures for identifying author-
ized and unauthorized persons at any
105.250 Security systems and equip- MARSEC level; and
ment maintenance. (5) The locations where persons, per-
(a) Security systems and equipment sonal effects and vehicle screenings are
must be in good working order and in- to be conducted. The designated
spected, tested, calibrated, and main- screening areas should be covered to
367
105.255 33 CFR Ch. I (7110 Edition)
provide for continuous operations re- access control measures of vessels or

gardless of the weather conditions. other transportation conveyances that
(c) The facility owner or operator use the facility.
must ensure that a TWIC program is (d) If the facility owner or operator
implemented as follows: uses a separate identification system,
(1) All persons seeking unescorted ac- ensure that it complies and is coordi-
cess to secure areas must present their nated with TWIC provisions in this
TWIC for inspection before being al- part.
lowed unescorted access, in accordance (e) The facility owner or operator
with 101.514 of this subchapter. Inspec- must establish in the approved Facility
tion must include: Security Plan (FSP) the frequency of
(i) A match of the photo on the TWIC application of any access controls, par-
to the individual presenting the TWIC; ticularly if they are to be applied on a
(ii) Verification that the TWIC has random or occasional basis.
not expired; and
(f) MARSEC Level 1. The facility
(iii) A visual check of the various se-
owner or operator must ensure the fol-
curity features present on the card to
lowing security measures are imple-
determine whether the TWIC has been
tampered with or forged. mented at the facility:
(2) If an individual cannot present a (1) Implement TWIC as set out in
TWIC because it has been lost, dam- paragraph (c) of this section.
aged or stolen, and he or she has pre- (2) Screen persons, baggage (includ-
viously been granted unescorted access ing carry-on items), personal effects,
to the facility and is known to have and vehicles, for dangerous substances
had a valid TWIC, the individual may and devices at the rate specified in the
be given unescorted access to secure approved FSP, excluding government-
areas for a period of no longer than 7 owned vehicles on official business
consecutive calendar days if: when government personnel present
(i) The individual has reported the identification credentials for entry;
TWIC as lost, damaged, or stolen to (3) Conspicuously post signs that de-
TSA as required in 49 CFR 1572.19(f); scribe security measures currently in
(ii) The individual can present an- effect and clearly state that:
other identification credential that (i) Entering the facility is deemed
meets the requirements of 101.515 of valid consent to screening or inspec-
this subchapter; and tion; and
(iii) There are no other suspicious (ii) Failure to consent or submit to
circumstances associated with the indi- screening or inspection will result in
viduals claim of loss or theft. denial or revocation of authorization
(3) If an individual cannot present his to enter.
or her TWIC for any other reason than (4) Check the identification of any
outlined in paragraph (c)(2) of this sec- person not holding a TWIC and seeking
tion, he or she may not be granted entry to the facility, including vessel
unescorted access to the secure area. passengers, vendors, personnel duly au-
The individual must be under escort, as thorized by the cognizant government
that term is defined in part 101 of this authorities, and visitors. This check
subchapter, at all times when inside of shall include confirming the reason for
a secure area. boarding by examining at least one of
(4) With the exception of persons the following:
granted access according to paragraph
(i) Joining instructions;
(c)(2) of this section, all persons grant-
ed unescorted access to secure areas of (ii) Passenger tickets;
the facility must be able to produce his (iii) Boarding passes;
or her TWIC upon request. (iv) Work orders, pilot orders, or sur-
(5) There must be disciplinary meas- veyor orders;
ures in place to prevent fraud and (v) Government identification; or
abuse. (vi) Visitor badges issued in accord-
(6) The facilitys TWIC program ance with an identification system im-
should be coordinated, when prac- plemented under paragraph (d) of this
ticable, with identification and TWIC section.
368
(5) Deny or revoke a persons author- (7) Except for government-owned ve-
ization to be on the facility if the per- hicles on official business when govern-
son is unable or unwilling, upon the re- ment personnel present identification
quest of facility personnel or a law en- credentials for entry, screening vehi-
forcement officer, to establish his or cles and their contents for dangerous
her identity in accordance with this substances and devices at the rate
part or to account for his or her pres- specified for MARSEC Level 2 in the
ence. Any such incident must be re- approved FSP.
ported in compliance with this part; (h) MARSEC Level 3. In addition to
(6) Designate restricted areas and the security measures required for
provide appropriate access controls for MARSEC Level 1 and MARSEC Level 2,
these areas; at MARSEC level 3, the facility owner
(7) Identify access points that must or operator must ensure the implemen-
be secured or attended to deter unau- tation of additional security measures,
thorized access; as specified for MARSEC Level 3 in
(8) Deter unauthorized access to the their approved FSP. These additional
facility and to designated restricted security measures may include:
areas within the facility; (1) Screening all persons, baggage,
and personal effects for dangerous sub-
(9) Screen by hand or device, such as
stances and devices;
x-ray, all unaccompanied baggage prior
(2) Performing one or more of the fol-
to loading onto a vessel; and
lowing on unaccompanied baggage:
(10) Secure unaccompanied baggage (i) Screen unaccompanied baggage
after screening in a designated re- more extensively; for example, x-
stricted area and maintain security raying from two or more angles;
control during transfers between the (ii) Prepare to restrict or suspend
facility and a vessel. handling of unaccompanied baggage; or
(g) MARSEC Level 2. In addition to (iii) Refuse to accept unaccompanied
the security measures required for baggage.
MARSEC Level 1 in this section, at (3) Being prepared to cooperate with
MARSEC Level 2, the facility owner or responders and facilities;
operator must ensure the implementa- (4) Granting access to only those re-
tion of additional security measures, as sponding to the security incident or
specified for MARSEC Level 2 in their threat thereof;
approved FSP. These additional secu- (5) Suspending access to the facility;
rity measures may include: (6) Suspending cargo operations;
(1) Increasing the frequency and de- (7) Evacuating the facility;
tail of the screening of persons, bag- (8) Restricting pedestrian or vehic-
gage, and personal effects for dan- ular movement on the grounds of the
gerous substances and devices entering facility; or
the facility; (9) Increasing security patrols within
(2) X-ray screening of all unaccom- the facility.
panied baggage; [USCG200624196, 72 FR 3583, Jan. 25, 2007]
(3) Assigning additional personnel to
guard access points and patrol the pe- 105.257 Security measures for newly-
rimeter of the facility to deter unau- hired employees.
thorized access; (a) Newly-hired facility employees
(4) Limiting the number of access may be granted entry to secure areas
points to the facility by closing and se- of the facility for up to 30 consecutive
curing some access points and pro- calendar days prior to receiving their
viding physical barriers to impede TWIC provided all of the requirements
movement through the remaining ac- in paragraph (b) of this section are
cess points; met, and provided that the new hire is
(5) Denying access to visitors who do accompanied by an individual with a
not have a verified destination; TWIC while within the secure areas of
(6) Deterring waterside access to the the facility. If TSA does not act upon a
facility, which may include, using wa- TWIC application within 30 days, the
terborne patrols to enhance security cognizant Coast Guard COTP may fur-
around the facility; or ther extend access to secure areas for
369
105.260 33 CFR Ch. I (7110 Edition)
another 30 days. The Coast Guard will new hire has passed an initial name
determine whether, in particular cir- check.
cumstances, certain practices meet the [USCG200624196, 72 FR 3584, Jan. 25, 2007]
condition of a new hire being accom-
panied by another individual with a 105.260 Security measures for re-
TWIC. The Coast Guard will issue guid- stricted areas.
ance for use in making these deter- (a) General. The facility owner or op-
minations. erator must ensure the designation of
(b) Newly-hired facility employees restricted areas in order to:
may be granted the access provided for (1) Prevent or deter unauthorized ac-
in paragraph (a) of this section if: cess;
(1) The new hire has applied for a (2) Protect persons authorized to be
TWIC in accordance with 49 CFR part in the facility;
1572 by completing the full enrollment (3) Protect the facility;
process, paying the user fee, and is not (4) Protect vessels using and serving
currently engaged in a waiver or appeal the facility;
process. The facility owner or operator (5) Protect sensitive security areas
or the Facility Security Officer (FSO) within the facility;
must have the new hire sign a state- (6) Protect security and surveillance
ment affirming this, and must retain equipment and systems; and
the signed statement until the new (7) Protect cargo and vessel stores
hire receives a TWIC; from tampering.
(2) The facility owner or operator or (b) Designation of Restricted Areas. The
the FSO enters the following informa- facility owner or operator must ensure
tion on the new hire into the Coast restricted areas are designated within
Guards Homeport website (http://home- the facility. They must also ensure
port.uscg.mil): that all restricted areas are clearly
(i) Full legal name, including middle marked and indicate that access to the
name if one exists; area is restricted and that unauthor-
(ii) Date of birth; ized presence within the area con-
(iii) Social security number (op- stitutes a breach of security. The facil-
tional); ity owner or operator may also des-
(iv) Employer name and 24 hour con- ignate the entire facility as a re-
tact information; and stricted area. Restricted areas must in-
(v) Date of TWIC enrollment. clude, as appropriate:
(1) Shore areas immediately adjacent
(3) The new hire presents an identi-
to each vessel moored at the facility;
fication credential that meets the re-
(2) Areas containing sensitive secu-
quirements of 101.515 of this sub-
rity information, including cargo docu-
chapter;
mentation;
(4) There are no other circumstances (3) Areas containing security and sur-
that would cause reasonable suspicion veillance equipment and systems and
regarding the new hires ability to ob- their controls, and lighting system
tain a TWIC, and the facility owner or controls; and
operator or FSO have not been in- (4) Areas containing critical facility
formed by the cognizant COTP that the infrastructure, including:
new hire poses a security threat; and (i) Water supplies;
(5) There would be an adverse impact (ii) Telecommunications;
to facility operations if the new hire is (iii) Electrical system; and
not allowed access. (iv) Access points for ventilation and
(c) This section does not apply to any air-conditioning systems;
individual being hired as a FSO, or any (5) Manufacturing or processing areas
individual being hired to perform facil- and control rooms;
ity security duties. (6) Locations in the facility where ac-
(d) The new hire may not begin work- cess by vehicles and personnel should
ing at the facility under the provisions be restricted;
of this section until the owner, oper- (7) Areas designated for loading, un-
ator, or FSO receives notification, via loading or storage of cargo and stores;
Homeport or some other means, the and
370
(8) Areas containing cargo consisting (8) Controlling unaccompanied bag-

of dangerous goods or hazardous sub- gage and or personal effects after
stances, including certain dangerous screening;
cargoes. (9) Designating restricted areas for
(c) The owner or operator must en- performing inspections of cargo and
sure that all restricted areas have vessel stores while awaiting loading;
clearly established security measures and
to: (10) Designating temporary restricted
(1) Identify which facility personnel areas to accommodate facility oper-
are authorized to have access; ations. If temporary restricted areas
(2) Determine which persons other are designated, the FSP must include a
than facility personnel are authorized requirement to conduct a security
to have access; sweep of the designated temporary re-
(3) Determine the conditions under stricted area both before and after the
which that access may take place; area has been established.
(4) Define the extent of any restricted (e) MARSEC Level 2. In addition to
area; the security measures required for
(5) Define the times when access re- MARSEC Level 1 in this section, at
strictions apply; MARSEC Level 2, the facility owner or
(6) Clearly mark all restricted areas operator must also ensure the imple-
and indicate that access to the area is mentation of additional security meas-
restricted and that unauthorized pres- ures, as specified for MARSEC Level 2
ence within the area constitutes a in their approved FSP. These addi-
breach of security; tional security measures may include:
(7) Control the entry, parking, load- (1) Increasing the intensity and fre-
ing and unloading of vehicles; quency of monitoring and access con-
(8) Control the movement and stor- trols on existing restricted access
age of cargo and vessel stores; and areas;
(9) Control unaccompanied baggage (2) Enhancing the effectiveness of the
or personal effects. barriers or fencing surrounding re-
(d) MARSEC Level 1. At MARSEC stricted areas, by the use of patrols or
Level 1, the facility owner or operator automatic intrusion detection devices;
must ensure the implementation of se- (3) Reducing the number of access
curity measures to prevent unauthor- points to restricted areas, and enhanc-
ized access or activities within the ing the controls applied at the remain-
area. These security measures may ining accesses;
clude: (4) Restricting parking adjacent to
(1) Restricting access to only author- vessels;
ized personnel; (5) Further restricting access to the
(2) Securing all access points not ac- restricted areas and movements and
tively used and providing physical bar- storage within them;
riers to impede movement through the (6) Using continuously monitored and
remaining access points; recorded surveillance equipment;
(3) Assigning personnel to control ac- (7) Enhancing the number and fre-
cess to restricted areas; quency of patrols, including water-
(4) Verifying the identification and borne patrols undertaken on the
authorization of all persons and all ve- boundaries of the restricted areas and
hicles seeking entry; within the areas; or
(5) Patrolling or monitoring the pe- (8) Establishing and restricting ac-
rimeter of restricted areas; cess to areas adjacent to the restricted
(6) Using security personnel, auto- areas.
matic intrusion detection devices, sur- (f) MARSEC Level 3. In addition to the
veillance equipment, or surveillance security measures required for
systems to detect unauthorized entry MARSEC Level 1 and MARSEC Level 2,
or movement within restricted areas; at MARSEC Level 3, the facility owner
(7) Directing the parking, loading, or operator must ensure the implemen-
and unloading of vehicles within a re- tation of additional security measures,
stricted area; as specified for MARSEC Level 3 in
371
105.265 33 CFR Ch. I (7110 Edition)
their approved FSP. These additional (2) Check that cargo, containers, or
security measures may include: other cargo transport units entering
(1) Restricting access to additional the facility match the delivery note or
areas; equivalent cargo documentation;
(2) Prohibiting access to restricted (3) Screen vehicles; and
areas, or (4) Check seals and other methods
(3) Searching restricted areas as part used to prevent tampering upon enter-
of a security sweep of all or part of the ing the facility and upon storage with-
facility. in the facility.
105.265 Security measures for han- (c) MARSEC Level 2. In addition to
dling cargo. the security measures required for
(a) General. The facility owner or op-
MARSEC Level 2, the facility owner or
erator must ensure that security meas-
operator must also ensure the imple-
ures relating to cargo handling, some
mentation of additional security meas-
of which may have to be applied in liai-
son with the vessel, are implemented in
in the approved FSP. These additional
order to:
(1) Deter tampering; security measures may include:
(2) Prevent cargo that is not meant (1) Conducting check of cargo, con-
for carriage from being accepted and tainers or other cargo transport units,
stored at the facility without the and cargo storage areas within the fa-
knowing consent of the facility owner cility for evidence of tampering;
or operator; (2) Intensifying checks, as appro-
(3) Identify cargo that is approved for priate, to ensure that only the docu-
loading onto vessels interfacing with mented cargo enters the facility, is
the facility; temporarily stored there, and then
(4) Include cargo control procedures loaded onto the vessel;
at access points to the facility; (3) Intensifying the screening of vehi-
(5) Identify cargo that is accepted for cles;
temporary storage in a restricted area (4) Increasing frequency and detail in
while awaiting loading or pick up; checking of seals and other methods
(6) Restrict the entry of cargo to the used to prevent tampering;
facility that does not have a confirmed (5) Coordinating enhanced security
date for loading, as appropriate; measures with the shipper or other re-
(7) Ensure the release of cargo only sponsible party in accordance with an
to the carrier specified in the cargo established agreement and procedures;
documentation; (6) Increasing the frequency and in-
(8) When there are regular or re- tensity of visual and physical inspec-
peated cargo operations with the same tions; or
shipper, coordinate security measures
(7) Limiting the number of locations
with the shipper or other responsible
where dangerous goods and hazardous
party in accordance with an estab-
lished agreement and procedure; and substances, including certain dan-
(9) Create, update, and maintain a gerous cargoes, can be stored.
continuous inventory of all dangerous (d) MARSEC Level 3. In addition to
goods and hazardous substances from the security measures required for
receipt to delivery within the facility, MARSEC Level 1 and MARSEC Level 2,
giving the location of those dangerous at MARSEC Level 3, the facility owner
goods and hazardous substances. or operator must ensure the implemen-
(b) MARSEC Level 1. At MARSEC tation of additional security measures,
Level 1, the facility owner or operator as specified for MARSEC Level 3 in the
must ensure the implementation of approved FSP. These additional secu-
measures to: rity measures may include:
(1) Unless unsafe to do so, routinely (1) Restricting or suspending cargo
check cargo, cargo transport units, and movements or operations within all or
part of the facility or specific vessels;
cargo storage areas within the facility

prior to, and during, cargo handling op- (2) Being prepared to cooperate with
erations for evidence of tampering; responders and vessels; or
372
(3) Verifying the inventory and loca- (1) Detailed screening of vessel
tion of any dangerous goods and haz- stores;
ardous substances, including certain (2) Detailed screening of all delivery
dangerous cargoes, held within the fa- vehicles;
cility and their location. (3) Coordinating with vessel per-
[USCG200314732, 68 FR 39322, July 1, 2003, as sonnel to check the order against the
amended at 68 FR 60541, Oct. 22, 2003] delivery note prior to entry to the fa-
cility;
105.270 Security measures for deliv- (4) Ensuring delivery vehicles are es-
ery of vessel stores and bunkers.
corted within the facility; or
(a) General. The facility owner or op- (5) Restricting or prohibiting the
erator must ensure that security meas- entry of vessel stores that will not
ures relating to the delivery of vessel leave the facility within a specified pe-
stores and bunkers are implemented to:
riod.
(1) Check vessel stores for package
integrity; (d) MARSEC Level 3. In addition to
(2) Prevent vessel stores from being the security measures for MARSEC
accepted without inspection; Level 1 and MARSEC Level 2, at
(3) Deter tampering; MARSEC Level 3, the facility owner
(4) For vessels that routinely use a and operator must ensure implementa-
facility, establish and execute standing tion of additional security measures, as
arrangements between the vessel, its specified for MARSEC Level 3 in the
suppliers, and a facility regarding noti- approved FSP. Examples of these addi-
fication and the timing of deliveries tional security measures may include:
and their documentation; and (1) Checking all vessel stores more
(5) Check vessel stores by the fol- extensively;
lowing means: (2) Restricting or suspending delivery
(i) Visual examination; of vessel stores; or
(ii) Physical examination; (3) Refusing to accept vessel stores
(iii) Detection devices, such as scan-
on the facility.
ners; or
(iv) Canines. 105.275 Security measures for moni-
(b) MARSEC Level 1. At MARSEC toring.
Level 1, the facility owner or operator
must ensure the implementation of (a) General. The facility owner or op-
measures to: erator must ensure the implementation
(1) Screen vessel stores at the rate of security measures in this section
specified in the approved Facility Se- and have the capability to continu-
curity Plan (FSP); ously monitor, through a combination
(2) Require advance notification of of lighting, security guards, water-
vessel stores or bunkers delivery, in- borne patrols, automatic intrusion-de-
cluding a list of stores, delivery vehicle tection devices, or surveillance equip-
driver information, and vehicle reg- ment, as specified in the approved Fa-
istration information; cility Security Plan (FSP), the:
(3) Screen delivery vehicles at the (1) Facility and its approaches, on
frequencies specified in the approved land and water;
FSP; and (2) Restricted areas within the facil-
(4) Escort delivery vehicles within
ity; and
the facility at the rate specified by the
approved FSP. (3) Vessels at the facility and areas
(c) MARSEC Level 2. In addition to surrounding the vessels.
the security measures required for (b) MARSEC Level 1. At MARSEC
MARSEC Level 1 in this section, at Level 1, the facility owner or operator
MARSEC Level 2, the facility owner or must ensure the security measures in
operator must also ensure the imple- this section are implemented at all
mentation of additional security meas- times, including the period from sunset
to sunrise and periods of limited visi-

in the approved FSP. These additional bility. For each facility, ensure moni-
security measures may include: toring capability that:
373
105.280 33 CFR Ch. I (7110 Edition)
(1) When automatic intrusion-detec- (4) Complying with the instructions

tion devices are used, activates an au- issued by those responding to the secu-
dible or visual alarm, or both, at a lo- rity incident.
cation that is continuously attended or
[USCG200314732, 68 FR 39322, July 1, 2003, as
monitored; amended at 68 FR 60542, Oct. 22, 2003]
(2) Is able to function continually, in-
cluding consideration of the possible 105.280 Security incident procedures.
effects of weather or of a power disrup-
For each MARSEC Level, the facility
tion;
owner or operator must ensure the Fa-
(3) Monitors the facility area, includ- cility Security Officer and facility se-
ing shore and waterside access to it; curity personnel are able to:
(4) Monitors access points, barriers (a) Respond to security threats or
and restricted areas; breaches of security and maintain crit-
(5) Monitors access and movements ical facility and vessel-to-facility
adjacent to vessels using the facility, interface operations;
including augmentation of lighting (b) Evacuate the facility in case of
provided by the vessel itself; and security threats or breaches of secu-
(6) Limits lighting effects, such as rity;
glare, and their impact on safety, navi- (c) Report security incidents as re-
gation, and other security activities. quired in 101.305 of this subchapter;
(c) MARSEC Level 2. In addition to (d) Brief all facility personnel on pos-
the security measures for MARSEC sible threats and the need for vigilance,
Level 1 in this section, at MARSEC soliciting their assistance in reporting
Level 2, the facility owner or operator suspicious persons, objects, or activi-
must also ensure the implementation ties; and
of additional security measures, as (e) Secure non-critical operations in
specified for MARSEC Level 2 in the order to focus response on critical op-
approved FSP. These additional meas- erations.
ures may include:
(1) Increasing the coverage and inten- 105.285 Additional requirements-pas-
sity of surveillance equipment, includ- senger and ferry facilities.
ing the provision of additional surveil- (a) At all MARSEC Levels, the owner
lance coverage; or operator of a passenger or ferry fa-
(2) Increasing the frequency of foot, cility must ensure, in coordination
vehicle or waterborne patrols; with a vessel moored at the facility,
(3) Assigning additional security per- that the following security measures
sonnel to monitor and patrol; or are implemented in addition to the re-
(4) Increasing the coverage and inten- quirements of this part:
sity of lighting, including the provision (1) Establish separate areas to seg-
of additional lighting and coverage. regate unchecked persons and personal
(d) MARSEC Level 3. In addition to effects from checked persons and per-
the security measures for MARSEC sonal effects;
Level 1 and MARSEC Level 2, at (2) Ensure that a defined percentage
MARSEC Level 3, the facility owner or of vehicles to be loaded aboard are
operator must also ensure implementa- screened prior to loading, in accord-
tion of additional security measures, as ance with a MARSEC Directive or
specified for MARSEC Level 3 in the other orders issued by the Coast Guard;
approved FSP. These additional secu- (3) Ensure that all unaccompanied
rity measures may include: vehicles to be loaded on passenger ves-
(1) Switching on all lighting within, sels are screened prior to loading;
or illuminating the vicinity of, the fa- (4) Deny passenger access to secure
cility; and restricted areas unless escorted by
(2) Switching on all surveillance authorized facility security personnel;
equipment capable of recording activi- and
ties within or adjacent to the facility; (5) In a facility with a public access
(3) Maximizing the length of time area designated under 105.106, provide
such surveillance equipment can con- sufficient security personnel to mon-
tinue to record; or itor all persons within the area.
374
(b) At MARSEC Level 2, in addition 105.295 Additional requirements-Cer-

to the requirements in paragraph (a) of tain Dangerous Cargo (CDC) facili-
this section, the owner or operator of a ties.
passenger or ferry facility with a pub- (a) At all MARSEC Levels, owners or
lic access area designated under operators of CDC facilities must ensure
105.106 must increase the intensity of the implementation of the following
monitoring of the public access area. security measures in addition to the
(c) At MARSEC Level 3, in addition requirements of this part:
to the requirements in paragraph (a) of (1) Escort all visitors, contractors,
this section, the owner or operator of a vendors, and other non-facility employ-
passenger or ferry facility with a pub- ees at all times while on the facility, if
lic access area designated under access identification is not provided.
105.106 must increase the intensity of Escort provisions do not apply to pre-
monitoring and assign additional secu- arranged cargo deliveries;
rity personnel to monitor the public (2) Control the parking, loading, and
access area. unloading of vehicles within a facility;
(3) Require security personnel to
[USCG200314732, 68 FR 39322, July 1, 2003, as record or report their presence at key
amended at 68 FR 60542, Oct. 22, 2003; USCG points during their patrols;
200624196, 72 FR 3584, Jan. 25, 2007] (4) Search unmanned or unmonitored
waterfront areas for dangerous sub-
105.290 Additional requirements stances and devices prior to a vessels
cruise ship terminals.
arrival at the facility; and
At all MARSEC Levels, in coordina- (5) Provide an alternate or inde-
tion with a vessel moored at the facil- pendent power source for security and
ity, the facility owner or operator communications systems.
must ensure the following security (b) At MARSEC Level 2, in addition
measures: to the requirements for MARSEC Level
(a) Screen all persons, baggage, and 1, owners or operators of CDC facilities
personal effects for dangerous sub- must ensure the implementation of the
stances and devices; following security measures:
(b) Check the identification of all (1) Release cargo only in the presence
persons seeking to enter the facility. of the Facility Security Officer (FSO)
Persons holding a TWIC shall be or a designated representative of the
checked as set forth in this part. For FSO; and
persons not holding a TWIC, this check (2) Continuously patrol restricted
areas.
includes confirming the reason for
(c) At MARSEC Level 3, in addition
boarding by examining passenger tick-
to the requirements for MARSEC Level
ets, boarding passes, government iden-
1 and MARSEC Level 2, owners or oper-
tification or visitor badges, or work or- ators of CDC facilities must ensure the
ders; facilities are continuously guarded and
(c) Designate holding, waiting, or em- restricted areas are patrolled.
barkation areas within the facilitys
secure area to segregate screened per- [USCG200314732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003]
sons and their personal effects await-
ing embarkation from unscreened per- 105.296 Additional requirements-
sons and their personal effects; barge fleeting facilities.
(d) Provide additional security per- (a) At MARSEC Level 1, in addition
sonnel to designated holding, waiting, to the requirements of this part, an
or embarkation areas within the facili- owner or operator of a barge fleeting
tys secure area; and facility must ensure the implementa-
(e) Deny individuals not holding a tion of the following security meas-
TWIC access to secure and restricted ures:
areas unless escorted. (1) Designate one or more restricted
[USCG200624196, 72 FR 3585, Jan. 25, 2007]

areas within the barge fleeting facility
to handle those barges carrying, in
bulk, cargoes regulated by 46 CFR
375
105.300 33 CFR Ch. I (7110 Edition)
chapter I, subchapters D or O, or Cer- (2) Recognition and detection of dan-

tain Dangerous Cargoes; gerous substances and devices;
(2) Maintain a current list of vessels (3) Recognition of characteristics and
and cargoes in the designated re- behavioral patterns of persons who are
stricted area; and likely to threaten security;
(3) Ensure that at least one towing (4) Techniques used to circumvent se-
vessel is available to service the fleet- curity measures;
ing facility for every 100 barges within (5) Methods used to cause a security
the facility. incident;
(4) Control access to the barges once (6) Effects of dangerous substances
tied to the fleeting area by imple- and devices on structures and facility
menting TWIC as described in 105.255 services;
of this part. (7) Facility security requirements;
(b) At MARSEC Level 2, in addition (8) Facility and vessel interface busi-
to the requirements of this part and ness practices;
MARSEC Level 1 requirements, an (9) Contingency planning, emergency
owner or operator of a barge fleeting preparedness, and response;
facility must ensure security personnel (10) Physical security requirements;
are assigned to monitor or patrol the (11) Radio and telecommunications
designated restricted area within the systems, including computer systems
barge fleeting facility. and networks;
(c) At MARSEC Level 3, in addition (12) Marine or civil engineering; and
to the requirements of this part and (13) Facility and vessel operations.
MARSEC Level 2 requirements, an
owner or operator of a barge fleeting 105.305 Facility Security Assessment
facility must ensure that both land and (FSA) requirements.
waterside perimeters of the designated (a) Background. The facility owner or
restricted area within the barge fleet- operator must ensure that the fol-
ing facility are continuously mon- lowing background information, if ap-
itored or patrolled. plicable, is provided to the person or
[USCG200314732, 68 FR 39322, July 1, 2003, as persons who will conduct the assess-
amended at 68 FR 60542, Oct. 22, 2003; USCG ment:
200624196, 72 FR 3585, Jan. 25, 2007] (1) The general layout of the facility,
including:
Subpart CFacility Security (i) The location of each active and in-
Assessment (FSA) active access point to the facility;
(ii) The number, reliability, and secu-
105.300 General. rity duties of facility personnel;
(a) The Facility Security Assessment (iii) Security doors, barriers, and
(FSA) is a written document that is lighting;
based on the collection of background (iv) The location of restricted areas;
information, the completion of an on- (v) The emergency and stand-by
scene survey and an analysis of that in- equipment available to maintain essen-
formation. tial services;
(b) A common FSA may be conducted (vi) The maintenance equipment,
for more than one similar facility pro- cargo spaces, storage areas, and unac-
vided the FSA reflects any facility-spe- companied baggage storage;
cific characteristics that are unique. (vii) Location of escape and evacu-
(c) Third parties may be used in any ation routes and assembly stations;
aspect of the FSA if they have the ap- and
propriate skills and if the Facility Se- (viii) Existing security and safety
curity Officer (FSO) reviews and ac- equipment for protection of personnel
cepts their work. and visitors;
(d) Those involved in a FSA must be (2) Response procedures for fire or
able to draw upon expert assistance in other emergency conditions;
the following areas, as appropriate: (3) Procedures for monitoring facility

(1) Knowledge of current security and vessel personnel, vendors, repair
threats and patterns; technicians, and dock workers;
376
(4) Existing contracts with private (vii) Areas that may, if damaged or
security companies and existing agree- used for illicit observation, pose a risk
ments with local or municipal agen- to people, property, or operations with-
cies; in the facility;
(5) Procedures for controlling keys (viii) Existing agreements with pri-
and other access prevention systems; vate security companies providing wa-
(6) Procedures for cargo and vessel terside and shore-side security serv-
stores operations; ices;
(7) Response capability to security (ix) Any conflicting policies between
incidents; safety and security measures and pro-
(8) Threat assessments, including the cedures;
purpose and methodology of the assess- (x) Any conflicting facility oper-
ment, for the port in which the facility ations and security duty assignments;
is located or at which passengers em- (xi) Any enforcement and personnel
bark or disembark; constraints;
(9) Previous reports on security (xii) Any deficiencies identified dur-
needs; and ing daily operations or training and
(10) Any other existing security pro- drills; and
cedures and systems, equipment, com- (xiii) Any deficiencies identified fol-
munications, and facility personnel. lowing security incidents or alerts, the
(b) On-scene survey. The facility report of security concerns, the exer-
owner or operator must ensure that an cise of control measures, or audits;
on-scene survey of each facility is con- (2) Possible security threats, includ-
ducted. The on-scene survey examines ing but not limited to:
and evaluates existing facility protec- (i) Damage to or destruction of the
tive measures, procedures, and oper- facility or of a vessel moored at the fa-
ations to verify or collect the informa- cility;
tion required in paragraph (a) of this (ii) Hijacking or seizure of a vessel
section. moored at the facility or of persons on
(c) Analysis and recommendations. In board;
conducting the FSA, the facility owner (iii) Tampering with cargo, essential
or operator must ensure that the FSO equipment or systems, or stores of a
analyzes the facility background infor- vessel moored at the facility;
mation and the on-scene survey, and (iv) Unauthorized access or use in-
considering the requirements of this cluding the presence of stowaways;
part, provides recommendations to es- (v) Smuggling dangerous substances
tablish and prioritize the security and devices to the facility;
measures that should be included in (vi) Use of a vessel moored at the fa-
the FSP. The analysis must consider: cility to carry those intending to cause
(1) Each vulnerability found during a security incident and their equip-
the on-scene survey including but not ment;
limited to: (vii) Use of a vessel moored at the fa-
(i) Waterside and shore-side access to cility as a weapon or as a means to
the facility and vessel berthing at the cause damage or destruction;
facility; (viii) Impact on the facility and its
(ii) Structural integrity of the piers, operations due to a blockage of en-
facilities, and associated structures; trances, locks, and approaches; and
(iii) Existing security measures and (ix) Use of the facility as a transfer
procedures, including identification point for nuclear, biological, radio-
systems; logical, explosive, or chemical weap-
(iv) Existing security measures and ons;
procedures relating to services and (3) Threat assessments by Govern-
utilities; ment agencies;
(v) Measures to protect radio and (4) Vulnerabilities, including human
telecommunication equipment, includ- factors, in the facilitys infrastructure,
ing computer systems and networks; policies and procedures;
(vi) Adjacent areas that may be ex- (5) Any particular aspects of the fa-
ploited during or for an attack; cility, including the vessels using the
377
105.310 33 CFR Ch. I (7110 Edition)
facility, which make it likely to be the (v) Delivery of vessel stores;

target of an attack; (vi) Any facility security commu-
(6) Likely consequences in terms of nication and surveillance systems; and
loss of life, damage to property, and (vii) Any other facility security sys-
economic disruption, including disrup- tems, if any.
tion to transportation systems, of an (4) The FSA report must account for
attack on or at the facility; and any vulnerabilities in the following
(7) Locations where access restric- areas:
tions or prohibitions will be applied for (i) Conflicts between safety and secu-
each MARSEC Level. rity measures;
(d) FSA report. (1) The facility owner (ii) Conflicts between duties and se-
or operator must ensure that a written curity assignments;
FSA report is prepared and included as (iii) The impact of watch-keeping du-
part of the FSP. The report must con- ties and risk of fatigue on facility per-
tain: sonnel alertness and performance;
(i) A summary of how the on-scene (iv) Security training deficiencies;
survey was conducted; and
(ii) A description of existing security (v) Security equipment and systems,
measures, including inspection, control including communication systems.
and monitoring equipment, personnel (5) The FSA report must discuss and
identification documents and commu- evaluate key facility measures and op-
nication, alarm, lighting, access con- erations, including:
trol, and similar systems; (i) Ensuring performance of all secu-
(iii) A description of each vulner- rity duties;
ability found during the on-scene sur- (ii) Controlling access to the facility,
vey; through the use of identification sys-
(iv) A description of security meas- tems or otherwise;
ures that could be used to address each (iii) Controlling the embarkation of
vulnerability; vessel personnel and other persons and
(v) A list of the key facility oper- their effects (including personal effects
ations that are important to protect; and baggage whether accompanied or
and unaccompanied);
(vi) A list of identified weaknesses, (iv) Procedures for the handling of
including human factors, in the infra- cargo and the delivery of vessel stores;
structure, policies, and procedures of (v) Monitoring restricted areas to en-
the facility. sure that only authorized persons have
(2) A FSA report must describe the access;
following elements within the facility: (vi) Monitoring the facility and areas
(i) Physical security; adjacent to the pier; and
(ii) Structural integrity; (vii) The ready availability of secu-
(iii) Personnel protection systems; rity communications, information, and
(iv) Procedural policies; equipment.
(v) Radio and telecommunication
(e) The FSA, FSA report, and FSP
must be protected from unauthorized
and networks;
access or disclosure.
(vi) Relevant transportation infra-
structure; and [USCG200314732, 68 FR 39322, July 1, 2003, as
(vii) Utilities. amended at 68 FR 60542, Oct. 22, 2003]
(3) The FSA report must list the per-
sons, activities, services, and oper- 105.310 Submission requirements.
ations that are important to protect, (a) A completed FSA report must be
in each of the following categories: submitted with the Facility Security
(i) Facility personnel; Plan required in 105.410 of this part.
(ii) Passengers, visitors, vendors, re- (b) A facility owner or operator may
pair technicians, vessel personnel, etc.; generate and submit a report that con-
(iii) Capacity to maintain emergency tains the Facility Security Assessment
response; for more than one facility subject to

(iv) Cargo, particularly dangerous this part, to the extent that they share
goods and hazardous substances; similarities in design and operations, if
378
authorized and approved by the cog- fying the location of each of the fol-
nizant COTP. lowing sections:
(c) The FSA must be reviewed and (1) Security administration and orga-
validated, and the FSA report must be nization of the facility;
updated each time the FSP is sub- (2) Personnel training;
mitted for reapproval or revisions. (3) Drills and exercises;
[USCG200314732, 68 FR 39322, July 1, 2003, as (4) Records and documentation;
amended at 68 FR 60542, Oct. 22, 2003] (5) Response to change in MARSEC
Level;
Subpart DFacility Security Plan (6) Procedures for interfacing with
(FSP) vessels;
(7) Declaration of Security (DoS);
105.400 General. (8) Communications;
(a) The Facility Security Officer (9) Security systems and equipment
(FSO) must ensure a Facility Security maintenance;
Plan (FSP) is developed and imple- (10) Security measures for access con-
mented for each facility for which he trol, including designated public access
or she is designated as FSO. The FSP: areas;
(1) Must identify the FSO by name (11) Security measures for restricted
and position, and provide 24-hour con- areas;
tact information; (12) Security measures for handling
(2) Must be written in English; cargo;
(3) Must address each vulnerability (13) Security measures for delivery of
identified in the Facility Security As- vessel stores and bunkers;
sessment (FSA);
(14) Security measures for moni-
(4) Must describe security measures
toring;
for each MARSEC Level; and
(15) Security incident procedures;
(5) May cover more than one facility
to the extent that they share similar- (16) Audits and security plan amend-
ities in design and operations, if au- ments;
thorized and approved by the cognizant (17) Facility Security Assessment
COTP. (FSA) report; and
(b) The FSP must be submitted for (18) Facility Vulnerability and Secu-
approval to the cognizant COTP in a rity Measures Summary (Form CG
written or electronic format. Informa- 6025) in appendix A to part 105Facility
tion for submitting the FSP electroni- Vulnerability and Security Measures
cally can be found at http:// Summary (CG6025).
www.uscg.mil/HQ/MSC. (b) The FSP must describe in detail
(c) The FSP is sensitive security in- how the requirements of subpart B of
formation and must be protected in ac- this part will be met. FSPs that have
cordance with 49 CFR part 1520. been approved by the Coast Guard prior
(d) If the FSP is kept in an electronic to March 26, 2007, do not need to be
format, procedures must be in place to amended to describe their TWIC proce-
prevent its unauthorized deletion, de- dures until the next regularly sched-
struction, or amendment. uled resubmission of the FSP.
[USCG200314732, 68 FR 39322, July 1, 2003, as (c) The Facility Vulnerability and
amended at 68 FR 60542, Oct. 22, 2003] Security Measures Summary (Form
CG6025) must be completed using in-
105.405 Format and content of the formation in the FSA concerning iden-
Facility Security Plan (FSP). tified vulnerabilities and information
(a) A facility owner or operator must in the FSP concerning security meas-
ensure that the FSP consists of the in- ures in mitigation of these
dividual sections listed in this para- vulnerabilities.
graph (a). If the FSP does not follow
[USCG200314732, 68 FR 39322, July 1, 2003, as
the order as it appears in the list, the

facility owner or operator must ensure amended by USCG200624196, 72 FR 3585,
Jan. 25, 2007]
that the FSP contains an index identi-
379
105.410 33 CFR Ch. I (7110 Edition)
105.410 Submission and approval. (f) A FSP that is approved by the

cognizant COTP is valid for five years
(a) On or before December 31, 2003,
from the date of its approval.
the owner or operator of each facility
currently in operation must either: [USCG200314732, 68 FR 39322, July 1, 2003; 68
(1) Submit one copy of their Facility FR 41916, July 16, 2003, as amended at 68 FR
Security Plan (FSP) for review and ap- 60542, Oct. 22, 2003; USCG200419963, 70 FR
proval to the cognizant COTP and a 74669, Dec. 16, 2005]
letter certifying that the FSP meets 105.415 Amendment and audit.
applicable requirements of this part; or
(2) If intending to operate under an (a) Amendments. (1) Amendments to a
Approved Security Program, a letter Facility Security Plan (FSP) that is
signed by the facility owner or oper- approved by the cognizant COTP may
ator stating which approved Alter- be initiated by:
native Security Program the owner or (i) The facility owner or operator; or
operator intends to use. (ii) The cognizant COTP upon a de-
(b) Owners or operators of facilities termination that an amendment is
not in service on or before December needed to maintain the facilitys secu-
31, 2003, must comply with the require- rity. The cognizant COTP, who will
ments in paragraph (a) of this section give the facility owner or operator
60 days prior to beginning operations written notice and request that the fa-
or by December 31, 2003, whichever is cility owner or operator propose
later. amendments addressing any matters
(c) The cognizant COTP will examine specified in the notice. The facility
each submission for compliance with owner or operator will have at least 60
this part and either: days to submit its proposed amend-
(1) Approve it and specify any condi- ments. Until amendments are ap-
tions of approval, returning to the sub- proved, the facility owner or operator
mitter a letter stating its acceptance shall ensure temporary security meas-
and any conditions; ures are implemented to the satisfac-
(2) Return it for revision, returning a tion of the COTP.
copy to the submitter with brief de- (2) Proposed amendments must be
scriptions of the required revisions; or submitted to the cognizant COTP. If
(3) Disapprove it, returning a copy to initiated by the facility owner or oper-
the submitter with a brief statement of ator, the proposed amendment must be
the reasons for disapproval. submitted at least 30 days before the
(d) An FSP may be submitted and ap- amendment is to take effect unless the
proved to cover more than one facility cognizant COTP allows a shorter pe-
where they share similarities in design riod. The cognizant COTP will approve
and operations, if authorized and ap- or disapprove the proposed amendment
proved by each cognizant COTP. in accordance with 105.410 of this sub-
part.
(e) Each facility owner or operator
that submits one FSP to cover two or (3) Nothing in this section should be
more facilities of similar design and construed as limiting the facility
operation must address facility-specific owner or operator from the timely im-
information that includes the design plementation of such additional secu-
and operational characteristics of each rity measures not enumerated in the
facility and must complete a separate approved FSP as necessary to address
Facility Vulnerability and Security exigent security situations. In such
Measures Summary (Form CG6025), in cases, the owner or operator must no-
appendix A to part 105Facility Vul- tify the cognizant COTP by the most
nerability and Security Measures Sum- rapid means practicable as to the na-
mary (CG6025), for each facility cov- ture of the additional measures, the
ered by the plan. circumstances that prompted these ad-
ditional measures, and the period of
time these additional measures are ex-

pected to be in place.
380
(4) If there is a change in the owner (4) Unless impracticable due to the
or operator, the Facility Security Offi- size and nature of the company or the
cer (FSO) must amend the FSP to in- facility, personnel conducting internal
clude the name and contact informa- audits of the security measures speci-
tion of the new facility owner or oper- fied in the FSP or evaluating its imple-
ator and submit the affected portion of mentation must:
the FSP for review and approval in ac- (i) Have knowledge of methods for
cordance with 105.410 if this subpart. conducting audits and inspections, and
(b) Audits. (1) The FSO must ensure security, control, and monitoring tech-
an audit of the FSP is performed annu- niques;
ally, beginning no later than one year (ii) Not have regularly assigned secu-
from the initial date of approval, and rity duties; and
attach a letter to the FSP certifying (iii) Be independent of any security
that the FSP meets the applicable re- measures being audited.
quirements of this part. (5) If the results of an audit require
(2) The FSP must be audited if there amendment of either the FSA or FSP,
is a change in the facilitys ownership the FSO must submit, in accordance
or operator, or if there have been modi- with 105.410 of this subpart, the
fications to the facility, including but amendments to the cognizant COTP for
not limited to physical structure, review and approval no later than 30
emergency response procedures, secu- days after completion of the audit and
rity measures, or operations. a letter certifying that the amended
(3) Auditing the FSP as a result of FSP meets the applicable requirements
modifications to the facility may be of this part.
limited to those sections of the FSP af- [USCG200314732, 68 FR 39322, July 1, 2003, as
fected by the facility modifications. amended at 68 FR 60542, Oct. 22, 2003]
381
Pt. 105, App. A 33 CFR Ch. I (7110 Edition)
APPENDIX A TO PART 105FACILITY VULNERABILITY AND SECURITY MEASURES

SUMMARY (FORM CG6025)
382
ER22OC03.000</GPH>
Coast Guard, DHS Pt. 105, App. A
383
ER01JY03.002</GPH>
Pt. 105, App. A 33 CFR Ch. I (7110 Edition)
384
EN01JY03.003</GPH>
[USCG200314732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60543, Oct. 22, 2003]
PART 106MARINE SECURITY: 106.140 Maritime Security (MARSEC) Direc-

tive.
OUTER CONTINENTAL SHELF 106.145 Right to appeal.
(OCS) FACILITIES
Subpart BOuter Continental Shelf (OCS)
Subpart AGeneral Facility Security Requirements
Sec. 106.200 Owner or operator.
106.100 Definitions. 106.205 Company Security Officer (CSO).
106.210 Facility Security Officer (FSO).
106.215 Company or OCS facility personnel
106.110 Compliance dates.
with security duties.
106.115 Compliance documentation. 106.220 Security training for all other OCS
106.120 Noncompliance. facility personnel.
106.125 Waivers. 106.225 Drill and exercise requirements.

106.130 Equivalents. 106.230 OCS facility recordkeeping require-
106.135 Alternative Security Program. ments.
385
EN01JY03.004</GPH>
106.100 33 CFR Ch. I (7110 Edition)
106.235 Maritime Security (MARSEC) Level (1) Hosts more than 150 persons for 12
coordination and implementation. hours or more in each 24-hour period
106.240 Communications. continuously for 30 days or more;
106.245 Procedures for interfacing with ves- (2) Produces greater than 100,000 bar-
sels.
rels of oil per day; or
106.250 Declaration of Security (DoS).
106.255 Security systems and equipment (3) Produces greater than 200 million
maintenance. cubic feet of natural gas per day.
106.260 Security measures for access con- (b) The TWIC requirements found in
trol. this part do not apply to mariners em-
106.262 Security measures for newly-hired ployed aboard vessels moored at U.S.
employees. OCS facilities only when they are
106.265 Security measures for restricted working immediately adjacent to their
areas. vessels in the conduct of vessel activi-
106.270 Security measures for delivery of ties.
stores and industrial supplies.
106.275 Security measures for monitoring. [USCG200314759, 68 FR 39345, July 1, 2003, as
106.280 Security incident procedures. amended by USCG200624196, 72 FR 55048,
Sept. 28, 2007]
Subpart COuter Continental Shelf (OCS)
Facility Security Assessment (FSA) 106.110 Compliance dates.
106.300 General.
106.305 Facility Security Assessment (FSA) OCS facility owners or operators must
requirements. submit to the cognizant District Com-
106.310 Submission requirements. mander for each OCS facility
(1) The Facility Security Plan de-
Subpart DOuter Continental Shelf (OCS) scribed in subpart D of this part for re-
Facility Security Plan (FSP) view and approval; or
(2) If intending to operate under an
106.400 General.
approved Alternative Security Pro-
106.405 Format and Content of the Facility
Security Plan (FSP). gram, a letter signed by the OCS facil-
106.410 Submission and approval. ity owner or operator stating which ap-
106.415 Amendment and audit. proved Alternative Security Program
the owner or operator intends to use.
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191; 33 CFR 1.051, 6.04
(b) On or before July 1, 2004, each
11, 6.14, 6.16, and 6.19; Department Of Home- OCS facility owner or operator must be
land Security Delegation No. 0170.1. operating in compliance with this part.
(c) OCS facilities built on or after
SOURCE: USCG200314759, 68 FR 39345, July
July 1, 2004, must submit for approval
an FSP 60 days prior to beginning oper-
ations.
Subpart AGeneral (d) Persons required to obtain a
TWIC under this part may enroll begin-
106.100 Definitions.
ning after the date set by the Coast
Except as specifically stated in this Guard in a Notice to be published in
subpart, the definitions in part 101 of the FEDERAL REGISTER. This notice
this subchapter apply to this part. will be directed to all facilities and
vessels within a specific COTP zone.
106.105 Applicability. (e) Facility owners or operators must
(a) The requirements in this part be operating in accordance with the
apply to owners and operators of any TWIC provisions in this part by the
fixed or floating facility, including date set by the Coast Guard in a Notice
MODUs not subject to part 104 of this to be published in the FEDERAL REG-
subchapter, operating on the Outer ISTER. This Notice will be published at
Continental Shelf (OCS) of the United least 90 days before compliance must
States for the purposes of engaging in begin, and will be directed to all facili-
the exploration, development, or pro- ties within a specific Captain of the
duction of oil, natural gas, or mineral Port zone, based on whether enroll-
resources that are regulated by 33 CFR ment has been completed in that zone.
subchapter N, that meet the following Unless an earlier compliance date is
operating conditions: specified in this manner, all facility
386
owner or operators will need to imple- 106.125 Waivers.

ment their TWIC provisions no later
Any OCS facility owner or operator
than April 15, 2009.
may apply for a waiver of any require-
[USCG200314759, 68 FR 39345, July 1, 2003, as ment of this part that the OCS facility
amended at 68 FR 60557, Oct. 22, 2003; USCG owner or operator considers unneces-
200624196, 72 FR 3585, Jan. 25, 2007; 73 FR
25565, May 7, 2008]
sary in light of the nature or operating
conditions of the OCS facility. A re-
106.115 Compliance documentation. quest for a waiver must be submitted
Each OCS facility owner or operator in writing with justification to the cog-
subject to this part must ensure before nizant District Commander. The cog-
July 1, 2004, that copies of the fol- nizant District Commander may re-
lowing documentation are available at quire the OCS facility owner or oper-
the OCS facility and are made avail- ator to provide additional data for use
able to the Coast Guard upon request: in determining the validity of the re-
(a) The approved Facility Security quested waiver. The cognizant District
Plan (FSP) and any approved revisions Commander may grant a waiver, in
or amendments thereto, and a letter of writing, with or without conditions
approval from the cognizant District only if the waiver will not reduce the
Commander dated within the last 5 overall security of the OCS facility, its
years; personnel, or visiting vessels.
(b) The FSP submitted for approval
and current written acknowledgment 106.130 Equivalents.
from the cognizant District Com-
For any measure required by this
mander, stating that the Coast Guard
part, the OCS facility owner or oper-
is currently reviewing the FSP sub-
ator may propose an equivalent, as pro-
mitted for approval and that the OCS
facility may continue to operate so vided in 101.130 of this subchapter.
long as the OCS facility remains in
106.135 Alternative Security Pro-
compliance with the submitted FSP; or gram.
(c) For OCS facilities operating under
a Coast Guard-approved Alternative An OCS facility owner or operator
Security Program as provided in may use an Alternative Security Pro-
106.135, a copy of the Alternative Se- gram approved under 101.120 of this
curity Program the OCS facility is subchapter if:
using, including a facility specific se- (a) The Alternative Security Pro-
curity assessment report generated gram is appropriate to that OCS facil-
under the Alternative Security Pro- ity;
gram, as specified in 101.120(b)(3) of (b) The OCS facility does not serve
this subchapter, and a letter signed by vessels on international voyages; and
the OCS facility owner or operator, (c) The Alternative Security Pro-
stating which Alternative Security gram is implemented in its entirety.
Program the OCS facility is using and
certifying that the OCS facility is in 106.140 Maritime Security (MARSEC)
full compliance with that program. Directive.
[USCG200314759, 68 FR 39345, July 1, 2003, as All OCS facility owners or operators
amended at 68 FR 60558, Oct. 22, 2003] subject to this part must comply with
106.120 Noncompliance. any instructions contained in a
MARSEC Directive issued under
When an OCS facility must tempo- 101.405 of this subchapter.
rarily deviate from the requirements of
this part, the OCS facility owner or op- 106.145 Right to appeal.
erator must notify the cognizant Dis-
trict Commander, and either suspend Any person directly affected by a de-
operations or request and receive per- cision or action taken under this part,
mission from the District Commander by or on behalf of the Coast Guard,
to continue operating. may appeal as described in 101.420 of

this subchapter.
[USCG200314759, 68 FR 60558, Oct. 22, 2003]
387
106.200 33 CFR Ch. I (7110 Edition)
Subpart BOuter Continental (10) Ensure consistency between secu-

Shelf (OCS) Facility Security rity requirements and safety require-
Requirements ments;
(11) Inform OCS facility personnel of
106.200 Owner or operator. their responsibility to apply for and
maintain a TWIC, including the dead-
(a) Each OCS facility owner or oper-
lines and methods for such applica-
ator must ensure that the OCS facility
tions, and of their obligation to inform
operates in compliance with the re-
TSA of any event that would render
quirements of this part.
them ineligible for a TWIC, or which
(b) For each OCS facility, the OCS fa-
cility owner or operator must: would invalidate their existing TWIC;
(1) Define the security organizational (12) Ensure that protocols consistent
structure for each OCS facility and with 106.260(c) of this part, for dealing
provide each person exercising security with individuals requiring access who
duties or responsibilities within that report a lost, damaged, or stolen TWIC,
structure the support needed to fulfill or who have applied for and not yet re-
those obligations; ceived a TWIC, are in place; and
(2) Designate in writing, by name or (13) If applicable, ensure that proto-
title, a Company Security Officer cols consistent with 106.262 of this
(CSO) and a Facility Security Officer part, for dealing with newly hired em-
(FSO) for each OCS facility and iden- ployees who have applied for and not
tify how those officers can be con- yet received a TWIC, are in place.
tacted at any time; [USCG200314759, 68 FR 39345, July 1, 2003, as
(3) Ensure that a Facility Security amended at 68 FR 60558, Oct. 22, 2003; USCG
Assessment (FSA) is conducted; 200624196, 72 FR 3585, Jan. 25, 2007]
(4) Ensure the development and sub-
mission for approval of a Facility Se- 106.205 Company Security Officer
curity Plan (FSP); (CSO).
(5) Ensure that the OCS facility oper- (a) General. (1) An OCS facility owner
ates in compliance with the approved or operator may designate a single CSO
FSP; for all its OCS facilities to which this
(6) Ensure that the TWIC program is part applies, or may designate more
properly implemented as set forth in than one CSO, in which case the owner
this part, including: or operator must clearly identify the
(i) Ensuring that only individuals OCS facilities for which each CSO is re-
who hold a TWIC and are authorized to sponsible.
be in the secure area are permitted to (2) A CSO may perform other duties
escort; and within the owners or operators orga-
(ii) Identifying what action is to be nization, including the duties of a Fa-
taken by an escort, or other authorized cility Security Officer, provided he or
individual, should individuals under es- she is able to perform the duties and
cort engage in activities other than responsibilities required of the CSO.
those for which escorted access was (3) The CSO may delegate duties re-
granted. quired by this part, but remains re-
(7) Ensure that adequate coordina- sponsible for the performance of those
tion of security issues takes place be- duties.
tween OCS facilities and vessels, in- (4) The CSO must maintain a TWIC.
cluding the execution of a Declaration (b) Qualifications. The CSO must have
of Security (DoS) as required by this general knowledge, through training or
part; equivalent job experience, in the fol-
(8) Ensure, within 12 hours of notifi- lowing:
cation of an increase in MARSEC (1) Security administration and orga-
Level, implementation of the addi- nization of the OCS facility;
tional security measures required by (2) OCS facility and vessel operations
the FSP for the new MARSEC Level; and conditions;
(9) Ensure all breaches of security (3) OCS facility and vessel security
and security incidents are reported in measures including the meaning and
accordance with part 101 of this sub- consequential requirements of the dif-
chapter; ferent MARSEC Levels;
388
(4) Emergency preparedness and re- (4) Ensure that the FSP is modified
sponse and contingency planning; when necessary to comply with this
(5) Security equipment and systems part;
and their operational limitations; (5) Ensure that OCS facility security
(6) Methods of conducting audits, in- activities are audited in compliance
spection, control, and monitoring; and with this part;
(7) Techniques for security training (6) Ensure the timely correction of
and education, including security problems identified by audits or inspec-
measures and procedures. tions;
(c) In addition to the knowledge and (7) Enhance security awareness and
vigilance within the owners or opera-
training in paragraph (b) of this sec-
tors organization;
tion, the CSO must have general
(8) Ensure relevant personnel receive
knowledge, through training or equiva-
adequate security training in compli-
lent job experience, in the following, as
ance with this part;
appropriate:
(9) Ensure communication and co-
(1) Relevant international conven- operation between the OCS facility and
tions, codes, and recommendations; vessels that interface with it, in com-
(2) Relevant government legislation pliance with this part;
and regulations; (10) Ensure consistency between secu-
(3) Responsibilities and functions of rity requirements and safety require-
other security organizations; ments in compliance with this part;
(4) Methodology of Facility Security (11) Ensure that if a common FSP is
Assessment. prepared for more than one similar
(5) Methods of OCS facility security OCS facility, the FSP reflects any OCS
surveys and inspections; facility specific characteristics; and
(6) Handling sensitive security infor- (12) Ensure compliance with an Alter-
mation (SSI) and security related com- native Security Program or equiva-
munications; lents approved under this subchapter,
(7) Knowledge of current security if appropriate.
threats and patterns; (13) Ensure the TWIC program is
(8) Recognition and detection of dan- being properly implemented.
gerous substances and devices; [USCG200314759, 68 FR 39345, July 1, 2003; 68
(9) Recognition of characteristics and FR 41917, July 16, 2003, as amended at 68 FR
behavioral patterns of persons who are 60558, Oct. 22, 2003; USCG200624196, 72 FR
likely to threaten security; 3585, Jan. 25, 2007]
(10) Techniques used to circumvent 106.210 OCS Facility Security Officer
security measures; (FSO).
(11) Methods of physical screening
(a) General. (1) The FSO may perform
and non-intrusive inspections; and
other duties within the owners or op-
(12) Conducting and assessing secu- erators organization, provided he or
rity drills and exercises. she is able to perform the duties and
(13) Knowledge of TWIC require- responsibilities required of the FSO of
ments. each such OCS facility.
(d) Responsibilities. In addition to any (2) The same person may serve as the
other duties required by this part, for FSO for more than one OCS facility,
each OCS facility for which the CSO is provided the facilities are within a rea-
responsible, the CSO must: sonable proximity to each other. If a
(1) Keep the OCS facility apprised of person serves as the FSO for more than
potential threats or other information one OCS facility, the name of each OCS
relevant to its security; facility for which he or she is the FSO
(2) Ensure that a Facility Security must be listed in the Facility Security
Assessment (FSA) is carried out in Plan (FSP) of each OCS facility for
compliance with this part; which he or she is the FSO.
(3) Ensure that a Facility Security (3) The FSO may assign security du-
Plan (FSP) is developed, approved, ties to other OCS facility personnel;

maintained, and implemented in com- however, the FSO remains responsible
pliance with this part; for these duties.
389
106.215 33 CFR Ch. I (7110 Edition)
(4) The FSO must maintain a TWIC. (13) Ensure that when changes in the
(b) Qualifications. The FSO must have MARSEC Level are attained they are
general knowledge, through training or recorded and reported to the CSO, OCS
equivalent job experience, in the fol- facility owner or operator, and the cog-
lowing: nizant District Commander; and
(1) Those items listed in 106.205(b), (14) Have prompt access to a copy of
and as appropriate 106.205(c), of this the FSA, along with an approved copy
part; of the FSP.
(2) OCS facility layout; (15) Ensure the TWIC program is
(3) The FSP and related procedures;
properly implemented.
and
(4) Operation, testing and mainte- [USCG200314759, 68 FR 39345, July 1, 2003, as
nance of security equipment and sys- amended by USCG200624196, 72 FR 3585,
tems. Jan. 25, 2007
(c) Responsibilities. In addition to any
other responsibilities specified else- 106.215 Company or OCS facility per-
where in this part, the FSO must, for sonnel with security duties.
each OCS facility for which he or she Company and OCS facility personnel
has been designated: responsible for security duties must
(1) Regularly inspect the OCS facility maintain a TWIC, and must have
to ensure that security measures are knowledge, through training or equiva-
maintained in compliance with this lent job experience, in the following, as
part; appropriate:
(2) Ensure the maintenance of and su- (a) Knowledge of current and antici-
pervision of the implementation of the
pated security threats and patterns.
FSP, and any amendments to the FSP,
(b) Recognition and detection of dan-
in compliance with this part;
(3) Ensure the coordination and han- gerous substances and devices;
dling of stores and industrial supplies (c) Recognition of characteristics and
in compliance with this part; behavioral patterns of persons who are
(4) Where applicable, propose modi- likely to threaten security;
fications to the FSP to the Company (d) Recognition of techniques used to
Security Officer (CSO); circumvent security measures;
(5) Ensure that any problems identi- (e) Security related communications;
fied during audits or inspections are re- (f) Knowledge of emergency proce-
ported to the CSO, and promptly imple- dures and contingency plans;
ment any corrective actions; (g) Operation of security equipment
(6) Ensure security awareness and and systems;
vigilance on board the OCS facility; (h) Testing, calibration, and mainte-
(7) Ensure adequate security training nance of security equipment and sys-
for OCS facility personnel in compli-
tems;
ance with this part;
(i) Inspection, control, and moni-
(8) Ensure the reporting and record-
ing of all security incidents in compli- toring techniques;
ance with this part; (j) Methods of physical screenings of
(9) Ensure the coordinated implemen- persons, personal effects, stores and in-
tation of the FSP with the CSO; dustrial supplies;
(10) Ensure that security equipment (k) Familiarity with all relevant as-
is properly operated, tested, calibrated pects of the TWIC program and how to
and maintained in compliance with carry them out;
this part; (l) Relevant provisions of the Facil-
(11) Ensure consistency between secu- ity Security Plan (FSP); and
rity requirements and the proper treat- (m) The meaning and the consequen-
ment of OCS facility personnel affected tial requirements of the different
by those requirements; MARSEC Levels.
(12) Ensure that occurrences that
[USCG200314759, 68 FR 39345, July 1, 2003; 68
threaten the security of the OCS facil-

ity are recorded and reported to the FR 41917, July 16, 2003, as amended by USCG
CSO; 200624196, 72 FR 3586, Jan. 25, 2007]
390
106.220 Security training for all cility, and other relevant cir-
other OCS facility personnel. cumstances. Examples of drills include
All other OCS facility personnel, in- unauthorized entry to a restricted
cluding contractors, whether part- area, response to alarms, and notifica-
time, full-time, temporary, or perma- tion of appropriate authorities.
nent, must have knowledge, through (3) If a vessel is conducting oper-
training or equivalent job experience, ations with the OCS facility on the
of the following, as appropriate: date the OCS facility has planned to
(a) Relevant provisions of the Facil- conduct any drills, the OCS facility
ity Security Plan (FSP); may include, but cannot require, the
(b) The meaning and the consequen- vessel or vessel personnel to partici-
tial requirements of the different pate in the OCS facilitys scheduled
MARSEC Levels including emergency drill.
procedures and contingency plans; (c) Exercises. (1) From the date of the
(c) Recognition and detection of dan- FSP approval, exercises must be con-
gerous substances and devices; ducted at least once each calendar
(d) Recognition of characteristics and year, with no more than 18 months be-
behavioral patterns of persons who are tween exercises.
likely to threaten security; and (2) Exercises may be:
(e) Recognition of techniques used to (i) Full scale or live;
circumvent security measures. (ii) Tabletop simulation;
(f) Familiarity with all relevant as- (iii) Combined with other appropriate
pects of the TWIC program and how to exercises held; or
carry them out. (iv) A combination of the elements in
[USCG200314759, 68 FR 39345, July 1, 2003, as paragraphs (c)(2)(i) through (iii) of this
amended at 68 FR 60558, Oct. 22, 2003; USCG section.
200624196, 72 FR 3586, Jan. 25, 2007] (3) Exercises may be facility-specific
or part of a cooperative exercise pro-
106.225 Drill and exercise require-
ments. gram.
(4) Each exercise must test commu-
(a) General. (1) Drills and exercises nication and notification procedures,
must test the proficiency of facility and elements of coordination, resource
personnel in assigned security duties at availability, and response.
all MARSEC Levels and the effective (5) Exercises are a full test of the Fa-
implementation of the Facility Secu- cility Security Plan and must include
rity Plan (FSP). They must enable the substantial and active participation of
Facility Security Officer (FSO) to iden- relevant company and OCS facility per-
tify any related security deficiencies sonnel, and may include governmental
that need to be addressed. authorities and vessels depending on
(2) A drill or exercise required by this the scope and the nature of the exer-
section may be satisfied with the im- cise.
plementation of security measures re-
quired by the FSP as the result of an [USCG200314759, 68 FR 39345, July 1, 2003, as
increase in the MARSEC Level, pro- amended at 68 FR 60558, Oct. 22, 2003]
vided the FSO reports attainment to
the cognizant District Commander. 106.230 OCS facility recordkeeping
requirements.
(b) Drills. (1) From the date of the
FSP approval, the FSO must ensure (a) Unless otherwise specified in this
that at least one security drill is con- section, the Facility Security Officer
ducted every 3 months. Security drills (FSO) must keep records of the activi-
may be held in conjunction with non- ties as set out in paragraph (b) of this
security drills, where appropriate. section for at least 2 years and make
(2) Drills must test individual ele- them available to the Coast Guard
ments of the FSP, including response upon request.
to security threats and incidents. (b) Records required by this section
Drills should take into account the may be kept in electronic format. If
types of operations of the OCS facility, kept in an electronic format, they

OCS facility personnel changes, the must be protected against unauthor-
types of vessels calling at the OCS fa- ized access, deletion, destruction,
391
106.235 33 CFR Ch. I (7110 Edition)
amendment, and disclosure. The fol- within 96 hours of the MARSEC Level
lowing records must be kept: change are notified of the new
(1) Training. For training under MARSEC Level and the Declaration of
106.215, the date of each session, dura- Security (DoS), if applicable, is revised
tion of session, a description of the as necessary;
training, and a list of attendees; (2) The OCS facility complies with
(2) Drills and exercises. For each drill the required additional security meas-
or exercise, the date held, a description ures within 12 hours; and
of the drill or exercise, a list of partici-
(3) The OCS facility reports compli-
pants, and any best practices or lessons
ance or noncompliance to the cog-
learned which may improve the FSP;
(3) Incidents and breaches of security. nizant District Commander.
Date and time of occurrence, location (c) For MARSEC Levels 2 and 3, the
within the OCS facility, a description Facility Security Officer (FSO) must
of the incident or breach, the identity inform all OCS facility personnel about
of the individual to whom it was re- identified threats, emphasize reporting
ported, and a description of the re- procedures, and stress the need for in-
sponse; creased vigilance.
(4) Changes in MARSEC Levels. Date (d) An OCS facility owner or operator
and time of the notification received, whose facility is not in compliance
and the time of compliance with addi- with the requirements of this section
tional requirements; must so inform the cognizant District
(5) Maintenance, calibration, and test- Commander and obtain approval prior
ing of security equipment. For each oc- to interfacing with another vessel or
currence of maintenance, calibration, prior to continuing operations.
and testing, record the date and time,
and the specific security equipment in- [USCG200314759, 68 FR 39345, July 1, 2003; 68
volved; FR 41917, July 16, 2003]
(6) Security threats. Date and time of
occurrence, how the threat was com- 106.240 Communications.
municated, who received or identified (a) The Facility Security Officer
the threat, a description of the threat, (FSO) must have a means to effectively
to whom it was reported, and a descrip- notify OCS facility personnel of
tion of the response; changes in security conditions at the
(7) Declaration of Security (DoS). A OCS facility.
copy of each DoS for at least 90 days (b) Communication systems and pro-
after the end of its effective period; and cedures must allow effective and con-
(8) Annual audit of the Facility Secu-
tinuous communications between the
rity Plan (FSP). For each annual audit,
OCS facility security personnel, vessels
a letter certified by the FSO stating
the date the audit was conducted. interfacing with the OCS facility, the
cognizant District Commander, and na-
[USCG200314759, 68 FR 39345, July 1, 2003, as tional and local authorities with secu-
amended at 68 FR 60558, Oct. 22, 2003] rity responsibilities.
106.235 Maritime Security (MARSEC) (c) Facility communications systems
Level coordination and implemen- must have a backup means for both in-
tation. ternal and external communications.
(a) The OCS facility owner or oper- [USCG200314759, 68 FR 39345, July 1, 2003; 68
ator must ensure the OCS facility oper- FR 41917, July 16, 2003]
ates in compliance with the security
requirements in this part for the 106.245 Procedures for interfacing
MARSEC Level in effect for the OCS with vessels.
facility. The OCS facility owner or operator
(b) When notified of an increase in must ensure that there are measures
the MARSEC Level, the OCS facility
for interfacing with vessels at all
owner or operator must ensure:
MARSEC Levels.
(1) Vessels conducting operations

with the OCS facility and vessels
scheduled to arrive at the OCS facility
392
106.250 Declaration of Security tained according to manufacturers

(DoS). recommendations.
(a) Each OCS facility owner or oper- (b) Security systems must be regu-
ator must ensure procedures are estab- larly tested in accordance with the
lished for requesting a DoS and for manufacturers recommendations;
handling DoS requests from vessels. noted deficiencies corrected promptly;
(b) At MARSEC Level 1, owners or and the results recorded as required in
operators of OCS facilities interfacing 106.230(b)(5) of this part.
with a manned vessel carrying Certain (c) The Facility Security Plan (FSP)
Dangerous Cargoes, in bulk, must: must include procedures for identifying
(1) Prior to the arrival of a vessel to and responding to security system and
the OCS facility, ensure the Facility equipment failures or malfunctions.
Security Officer (FSO) and Master,
Vessel Security Officer (VSO), or their 106.260 Security measures for access
designated representatives coordinate control.
security needs and procedures, and (a) General. The OCS facility owner
agree upon the contents of a DoS for or operator must ensure the implemen-
the period of time the vessel is at the tation of security measures to:
OCS facility; and (1) Deter the unauthorized introduc-
(2) Upon the arrival of the vessel at tion of dangerous substances and de-
the OCS facility, the FSO and Master, vices, including any device intended to
VSO, or their designated representa- damage or destroy persons, vessels, or
tives, must sign the written DoS. the OCS facility;
(c) Neither the OCS facility nor the (2) Secure dangerous substances and
vessel may embark or disembark per-
devices that are authorized by the OCS
sonnel, or transfer stores or industrial
facility owner or operator to be on
supplies until the DoS has been signed.
board;
(d) At MARSEC Levels 2 and 3, the
FSOs of OCS facilities interfacing with (3) Control access to the OCS facility;
manned vessels subject to part 104 of and
this chapter, or their designated rep- (4) Prevent an unescorted individual
resentatives, must sign and implement from entering the OCS facility unless
DoSs as required in paragraphs (b)(1) the individual holds a duly issued
and (b)(2) of this section. TWIC and is authorized to be on the
(e) At MARSEC Levels 1 and 2, FSOs OCS facility.
of OCS facilities that frequently inter- (b) The OCS facility owner or oper-
face with the same vessel may imple- ator must ensure that the following are
ment a continuing DoS for multiple specified:
visits, provided that: (1) All locations providing means of
(1) The DoS is valid for a specific access to the OCS facility where access
MARSEC Level; restrictions or prohibitions are applied
(2) The effective period at MARSEC for each security level to prevent unau-
Level 1 does not exceed 90 days; and thorized access, including those points
(3) The effective period at MARSEC where TWIC access control procedures
Level 2 does not exceed 30 days. will be applied;
(f) When the MARSEC Level in- (2) The identification of the types of
creases beyond that contained in the restriction or prohibition to be applied
DoS, the continuing DoS is void and a and the means of enforcing them;
new DoS must be executed in accord- (3) The means used to establish the
ance with this section. identity of individuals not in posses-
[USCG200314759, 68 FR 39345, July 1, 2003; 68
sion of a TWIC and the means by which
FR 41917, July 16, 2003, as amended at 68 FR they will be allowed access to the OCS
60558, Oct. 22, 2003] facility; and
(4) Procedures for identifying author-
106.255 Security systems and equip- ized and unauthorized persons at any
ment maintenance. MARSEC level.
(a) Security systems and equipment (c) The OCS facility owner or oper-
must be in good working order and in- ator must ensure that a TWIC program
spected, tested, calibrated, and main- is implemented as follows:
393
106.260 33 CFR Ch. I (7110 Edition)
(1) All persons seeking unescorted ac- tem, ensure that it is coordinated with
cess to secure areas must present their identification and TWIC systems in
TWIC for inspection before being al- place on vessels conducting operations
lowed unescorted access, in accordance with the OCS facility.
with 101.514 of this subchapter. Inspec- (e) The OCS facility owner or oper-
tion must include: ator must establish in the approved Fa-
(i) A match of the photo on the TWIC cility Security Plan (FSP) the fre-
to the individual presenting the TWIC; quency of application of any access
(ii) Verification that the TWIC has controls, particularly if they are to be
not expired; and applied on a random or occasional
(iii) A visual check of the various se- basis.
curity features present on the card to (f) MARSEC Level 1. The OCS facility
determine whether the TWIC has been owner or operator must ensure the fol-
tampered with or forged. lowing security measures are imple-
(2) If an individual cannot present a mented at the facility:
TWIC because it has been lost, dam- (1) Implement TWIC as set out in
aged or stolen, and he or she has pre- paragraph (c) of this section.
viously been granted unescorted access (2) Screen persons and personal ef-
to the facility and is known to have fects going aboard the OCS facility for
had a valid TWIC, the individual may dangerous substances and devices at
be given unescorted access to secure the rate specified in the approved FSP;
areas for a period of no longer than (3) Conspicuously post signs that de-
seven consecutive calendar days if: scribe security measures currently in
(i) The individual has reported the effect and clearly stating that:
TWIC as lost, damaged or stolen to
(i) Boarding an OCS facility is
TSA as required in 49 CFR 1572.19(f);
deemed valid consent to screening or
(ii) The individual can present an-
inspection; and
other identification credential that
meets the requirements of 101.515 of (ii) Failure to consent or submit to
this subchapter; and screening or inspection will result in
(iii) There are no other suspicious denial or revocation of authorization
circumstances associated with the indi- to be on board;
viduals claim of loss or theft. (4) Check the identification of any
(3) If an individual cannot present his person seeking to board the OCS facil-
or her TWIC for any other reason than ity, including OCS facility employees,
outlined in paragraph (c)(2) of this sec- passengers and crews of vessels inter-
tion, he or she may not be granted facing with the OCS facility, vendors,
unescorted access to the secure area. and visitors and ensure that non-TWIC
The individual must be under escort, as holders are denied unescorted access to
that term is defined in part 101 of this the OCS facility;
subchapter, at all times when inside of (5) Deny or revoke a persons author-
a secure area. ization to be on board if the person is
(4) With the exception of persons unable or unwilling, upon the request
granted access according to paragraph of OCS facility personnel or a law en-
(c)(2) of this section, all persons grant- forcement officer, to establish his or
ed unescorted access to secure areas of her identity in accordance with this
the facility must be able to produce his part or to account for his or her pres-
or her TWIC upon request. ence on board. Any such incident must
(5) There must be disciplinary meas- be reported in compliance with this
ures in place to prevent fraud and part;
abuse. (6) Deter unauthorized access to the
(6) The facilitys TWIC program OCS facility;
should be coordinated, when prac- (7) Identify access points that must
ticable, with identification and TWIC be secured or attended to deter unau-
access control measures of vessels or thorized access;
other transportation conveyances that (8) Lock or otherwise prevent access
use the facility. to unattended spaces that adjoin areas

(d) If the OCS facility owner or oper- to which OCS facility personnel and
ator uses a separate identification sys- visitors have access;
394
(9) Ensure OCS facility personnel are (5) Suspending embarkation and/or
not required to engage in or be sub- disembarkation of personnel;
jected to screening, of the person or of (6) Suspending the loading of stores
personal effects, by other OCS facility or industrial supplies;
personnel, unless security clearly re- (7) Evacuating the OCS facility; or
quires it; (8) Preparing for a full or partial
(10) Provide a designated secure area search of the OCS facility.
on board, or in liaison with a vessel [USCG200624196, 72 FR 3586, Jan. 25, 2007]
interfacing with the OCS facility, for
conducting inspections and screening 106.262 Security measures for newly-
of people and their personal effects; hired employees.
and (a) Newly-hired OCS facility employ-
(11) Respond to the presence of unau- ees may be granted entry to secure
thorized persons on board. areas of the OCS facility for up to 30
(g) MARSEC Level 2. In addition to consecutive calendar days prior to re-
the security measures required for ceiving their TWIC provided all of the
MARSEC Level 1 in this section, at requirements in paragraph (b) of this
MARSEC Level 2, the OCS facility section are met, and provided that the
owner or operator must ensure the im- new hire is accompanied by an indi-
plementation of additional security vidual with a TWIC while within the
measures, as specified for MARSEC secure areas of the OCS facility. If TSA
Level 2 in the approved FSP. These ad- does not act upon a TWIC application
ditional security measures may in- within 30 days, the cognizant Coast
clude: Guard COTP may further extend access
(1) Increasing the frequency and de- to secure areas for another 30 days. The
tail of screening of people and personal Coast Guard will determine whether, in
effects embarking onto the OCS facil- particular circumstances, certain prac-
ity as specified for MARSEC Level 2 in tices meet the condition of a new hire
the approved FSP; being accompanied by another indi-
(2) Assigning additional personnel to vidual with a TWIC. The Coast Guard
patrol deck areas during periods of re- will issue guidance for use in making
duced OCS facility operations to deter these determinations.
unauthorized access; (b) Newly-hired OCS facility employ-
(3) Limiting the number of access ees may be granted the access provided
points to the OCS facility by closing for in paragraph (a) of this section if:
and securing some access points; or (1) The new hire has applied for a
TWIC in accordance with 49 CFR part
(4) Deterring waterside access to the
1572 by completing the full enrollment
OCS facility, which may include, pro-
process, paying the user fee, and is not
viding boat patrols.
currently engaged in a waiver or appeal
(h) MARSEC Level 3. In addition to process. The OCS facility owner or op-
the security measures required for erator or Facility Security Officer
MARSEC Level 1 and MARSEC Level 2, (FSO) must have th enew hire sign a
at MARSEC level 3, the facility owner statement affirming this, and must re-
or operator must ensure the implemen- tain the signed statement until the
tation of additional security measures, new hire receives a TWIC;
as specified for MARSEC Level 3 in (2) The OCS facility owner or oper-
their approved FSP. The additional se- ator or the FSO enters the following
curity measures may include: information on the new hire into the
(1) Screening all persons and personal Coast Guards Homeport Web site
effects for dangerous substances and (http://homeport.uscg.mil):
devices; (i) Full legal name, including middle
(2) Being prepared to cooperate with name if one exists;
responders; (ii) Date of birth;
(3) Limiting access to the OCS facil- (iii) Social security number (op-
ity to a single, controlled access point; tional);
(4) Granting access to only those re- (iv) Employer name and 24 hour con-
sponding to the security incident or tact information; and
threat thereof; (v) Date of TWIC enrollment.
395
106.265 33 CFR Ch. I (7110 Edition)
(3) The new hire presents an identi- restricted area. Restricted areas must
fication credential that meets the re- include, as appropriate:
quirements of 101.515 of this sub- (1) Areas containing sensitive secu-
chapter; rity information;
(4) There are no other circumstances (2) Areas containing security and sur-
that would cause reasonable suspicion veillance equipment and systems and
regarding the new hires ability to ob- their controls, and lighting system
tain a TWIC, and the OCS facility controls; and
owner or operator or FSO have not (3) Areas containing critical OCS fa-
been informed by the cognizant COTP cility infrastructure equipment, in-
that the individual poses a security cluding:
threat; and (i) Water supplies;
(5) There would be an adverse impact (ii) Telecommunications;
to OCS facility operations if the new (iii) Power distribution system;
hire is not allowed access. (iv) Access points for ventilation and
(c) This section does not apply to any air-conditioning systems;
individual being hired as a Company (v) Manufacturing areas and control
Security Officer or FSO, or any indi- rooms;
vidual being hired to perform OCS fa- (vi) Areas designated for loading, un-
cility security duties. loading or storage of stores and indus-
(d) The new hire may not begin work- trial supplies; and
ing at the OCS facility under the provi- (vii) Areas containing hazardous ma-
sions of this section until the owner, terials.
operator, or FSO receives notification, (c) The OCS facility owner or oper-
via Homeport or some other means, the ator must ensure that the Facility Se-
new hire has passed an initial name curity Plan (FSP) includes measures
check. for restricted areas to:
[USCG200624196, 72 FR 3587, Jan. 25, 2007] (1) Identify which OCS facility per-
sonnel are authorized to have access;
106.265 Security measures for re- (2) Determine which persons other
stricted areas. than OCS facility personnel are author-
(a) General. The OCS facility owner ized to have access;
or operator must ensure the designa- (3) Determine the conditions under
tion of restricted areas in order to: which that access may take place;
(1) Prevent or deter unauthorized ac- (4) Define the extent of any restricted
cess; area; and
(2) Protect persons authorized to be (5) Define the times when access re-
in the OCS facility; strictions apply.
(3) Protect the OCS facility; (d) MARSEC Level 1. At MARSEC
(4) Protect vessels using and serving Level 1, the OCS facility owner or oper-
the OCS facility; ator must ensure the implementation
(5) Protect sensitive security areas of security measures to prevent unau-
within the OCS facility; thorized access or activities within the
(6) Protect security and surveillance area. These security measures may in-
equipment and systems; and clude:
(7) Protect stores and industrial sup- (1) Restricting access to only author-
plies from tampering. ized personnel;
(b) Designation of restricted areas. The (2) Securing all access points not ac-
OCS facility owner or operator must tively used and providing physical bar-
ensure restricted areas are designated riers to impede movement through the
within the OCS facility. They must remaining access points;
also ensure that all restricted areas are (3) Verifying the identification and
clearly marked and indicate that ac- authorization of all persons seeking
cess to the area is restricted and that entry;
unauthorized presence within the area (4) Using security personnel, auto-
constitutes a breach of security. The matic intrusion detection devices, sur-

OCS facility owner or operator may veillance equipment, or surveillance
designate the entire OCS facility as a systems to detect unauthorized entry
396
to or movement within restricted 106.270 Security measures for deliv-

areas; or ery of stores and industrial sup-
(5) Designating temporary restricted plies.
areas to accommodate OCS facility op- (a) General. The OCS facility owner
erations. If temporary restricted areas or operator must ensure that security
are designated, the FSP must include measures relating to the delivery of
security requirements to conduct a se- stores or industrial supplies to the OCS
curity sweep of the designated tem- facility are implemented to:
porary restricted areas both before and (1) Check stores or industrial supplies
after the area has been established. for package integrity;
(e) MARSEC Level 2. In addition to (2) Prevent stores or industrial sup-
the security measures required for plies from being accepted without in-
MARSEC Level 1 in this section, at spection;
MARSEC Level 2, the OCS facility (3) Deter tampering; and
owner or operator must also ensure the (4) Prevent stores and industrial sup-
implementation of additional security plies from being accepted unless or-
measures, as specified for MARSEC dered. For any vessels that routinely
Level 2 in their approved FSP. These use an OCS facility, an OCS facility
additional security measures may in- owner or operator may establish and
clude: implement standing arrangements be-
(1) Enhancing the effectiveness of the tween the OCS facility, its suppliers,
barriers surrounding restricted areas, and any vessel delivering stores or in-
for example, by the use of patrols or dustrial supplies regarding notification
automatic intrusion detection devices; and the timing of deliveries and their
documentation.
(2) Reducing the number of access
(b) MARSEC Level 1. At MARSEC
points to restricted areas, and enhanc-
Level 1, the OCS facility owner or oper-
ing the controls applied at the remain-
ator must ensure the implementation
ing accesses;
of measures to:
(3) Further restricting access to the (1) Inspect stores or industrial sup-
restricted areas and movements and plies before being accepted; and
storage within them; (2) Check that stores or industrial
(4) Using continuously monitored and supplies match the order prior to being
recorded surveillance equipment; brought on board.
(5) Increasing the number and fre- (c) MARSEC Level 2. In addition to
quency of patrols, including the use of the security measures required for
waterborne patrols; or MARSEC Level 1 in this section, at
(6) Restricting access to areas adja- MARSEC Level 2, the OCS facility
cent to the restricted areas. owner or operator must also ensure the
(f) MARSEC Level 3. In addition to the implementation of additional security
security measures required for measures, as specified for MARSEC
MARSEC Level 1 and MARSEC Level 2, Level 2 in the approved Facility Secu-
at MARSEC Level 3, the OCS facility rity Plan (FSP). These additional secu-
owner or operator must ensure the im- rity measures may include:
plementation of additional security (1) Intensifying inspection of the
measures, as specified for MARSEC stores or industrial supplies during de-
Level 3 in their approved FSP. These livery; or
additional security measures may in- (2) Checking stores or industrial sup-
clude: plies prior to receiving them on board.
(1) Restricting access to additional (d) MARSEC Level 3. In addition to
areas; the security measures for MARSEC
Level 1 and MARSEC Level 2, at
(2) Prohibiting access to restricted
MARSEC Level 3, the OCS facility
areas; or
owner or operator must ensure the im-
(3) Searching restricted areas as part
plementation of additional security
of a security sweep of all or part of the measures, as specified for MARSEC
OCS facility.
Level 3 in the approved FSP. These ad-

[USCG200314759, 68 FR 39345, July 1, 2003, as ditional security measures may in-
amended at 68 FR 60558, Oct. 22, 2003] clude:
397
106.275 33 CFR Ch. I (7110 Edition)
(1) Checking all OCS facility stores sunset and sunrise and periods of lim-
or industrial supplies more extensively; ited visibility sufficiently to allow vis-
(2) Restricting or suspending delivery ual identification of persons seeking
of stores or industrial supplies; or access to the OCS facility.
(3) Refusing to accept stores or indus- (c) MARSEC Level 2. In addition to
trial supplies on board. the security measures required for
106.275 Security measures for moni- MARSEC Level 2, the OCS facility
toring. owner or operator must also ensure the
(a) General. (1) The OCS facility implementation of additional security
owner or operator must ensure the im- measures, as specified for MARSEC
plementation of security measures in Level 2 in the approved FSP. These ad-
this section and have the capability to ditional security measures may in-
continuously monitor, through a com- clude:
bination of lighting, watchkeepers, se- (1) Increasing the frequency and de-
curity guards, deck watches, water- tail of security patrols;
borne patrols, automatic intrusion-de- (2) Using (if not already in use) or in-
tection devices, or surveillance equip- creasing the use of security and sur-
ment as specified in their approved Fa- veillance equipment;
cility Security Plan (FSP), the: (3) Assigning additional personnel as
(i) OCS facility; security lookouts; or
(ii) Restricted areas on board the (4) Coordinating with boat patrols,
OCS facility; and when provided.
(iii) The area surrounding the OCS (d) MARSEC Level 3. In addition to
facility. the security measures for MARSEC
(2) The following must be considered Level 1 and MARSEC Level 2, at
when establishing the appropriate level MARSEC Level 3, the OCS facility
and location of lighting: owner or operator must ensure the im-
(i) OCS facility personnel should be plementation of additional security
able to detect activities on and around measures, as specified for MARSEC
OCS facilities; Level 3 in the approved FSP. These ad-
(ii) Coverage should facilitate per- ditional security measures may in-
sonnel identification at access points; clude:
and (1) Cooperating with responders;
(iii) Lighting effects, such as glare, (2) Switching on all lights;
and their impact on safety, navigation, (3) Switching on all surveillance
and other security activities. equipment capable of recording activi-
(b) MARSEC Level 1. At MARSEC ties on, or in the vicinity of, the OCS
Level 1, the OCS facility owner or oper- facility;
ator must ensure the implementation (4) Maximizing the length of time
of security measures, which may be im- such surveillance equipment (if not al-
plemented in coordination with a ves- ready in use) can continue to record; or
sel interfacing with the OCS facility,
(5) Preparing for underwater inspec-
to:
tion of the OCS facility.
(1) Monitor the OCS facility, particu-
larly OCS facility access points and re- [USCG200314759, 68 FR 39345, July 1, 2003; 68
stricted areas; FR 41917, July 16, 2003, as amended at 68 FR
(2) Be able to conduct emergency 60558, Oct. 22, 2003]
searches of the OCS facility;
(3) Ensure that equipment or system 106.280 Security incident procedures.
failures or malfunctions are identified For each MARSEC Level, the OCS fa-
and corrected; cility owner or operator must ensure
(4) Ensure that any automatic intru- the Facility Security Officer (FSO) and
sion detection device, sets off an audi- OCS facility security personnel are
ble or visual alarm, or both, at a loca- able to:
tion that is continuously attended or (a) Respond to security threats or
monitored; and breaches of security and maintain crit-

(5) Light deck and OCS facility ac- ical OCS facility and OCS facility-to-
cess points during the period between vessel interface operations;
398
(b) Deny access to the OCS facility, (7) OCS facility security require-
except to those responding to an emer- ments;
gency; (8) OCS facility and vessel interface
(c) Evacuate the OCS facility in case business practices;
of security threats or breaches of secu- (9) Contingency planning, emergency
rity; and preparedness and response;
(d) Report security incidents as re- (10) Physical security requirements;
quired in 101.305 of this subchapter; (11) Radio and telecommunications
(e) Brief all OCS facility personnel on systems, including computer systems
possible threats and the need for vigi- and networks;
lance, soliciting their assistance in re- (12) Marine or civil engineering; and
porting suspicious persons, objects, or (13) OCS facility and vessel oper-
activities; and ations.
(f) Secure non-critical operations in
106.305 Facility Security Assessment
order to focus response on critical op- (FSA) requirements.
erations.
(a) Background. The OCS facility
[USCG200314759, 68 FR 39345, July 1, 2003; 68 owner or operator must ensure that the
FR 41917, July 16, 2003] following background information, if
applicable, is provided to the person or
Subpart COuter Continental persons who will conduct the assess-
Shelf (OCS) Facility Security ment:
Assessment (FSA) (1) The general layout of the OCS fa-
cility, including:
106.300 General. (i) The location of each access point
(a) The Facility Security Assessment to the OCS facility;
(FSA) is a written document that is (ii) The number, reliability, and secu-
based on the collection of background rity duties of OCS facility personnel;
information, the completion of an on- (iii) Security doors, barriers, and
scene survey and an analysis of that in- lighting;
formation. (iv) The location of restricted areas;
(v) The emergency and stand-by
(b) A single FSA may be performed
equipment available to maintain essen-
and applied to more than one OCS fa-
tial services;
cility to the extent they share physical
(vi) The essential maintenance equip-
characteristics, location, and oper-
ment and storage areas;
ations.
(vii) Location of escape and evacu-
(c) Third parties may be used in any ation routes and assembly stations;
aspect of the FSA if they have the ap- and
propriate skills and if the Company Se- (viii) Existing security and safety
curity Officer (CSO) reviews and ac- equipment for protection of personnel;
cepts their work. (2) Response procedures for fire or
(d) Those involved in a FSA must be other emergency conditions;
able to draw upon expert assistance in (3) Procedures for monitoring OCS fa-
the following areas, as appropriate: cility and vessel personnel;
(1) Knowledge of current and antici- (4) Procedures for controlling keys
pated security threats and patterns; and other access prevention systems;
(2) Recognition and detection of dan- (5) Response capability for security
gerous substances and devices; incidents;
(3) Recognition of characteristics and (6) Threat assessments, including the
behavioral patterns of persons who are purpose and methodology of the assess-
likely to threaten security; ment, for the OCS facilitys location;
(4) Recognition of techniques used to (7) Previous reports on security
circumvent security measures; needs; and
(5) Methods used to cause a security (8) Any other existing security proce-
incident; dures and systems, equipment, commu-
(6) Effects of dangerous substances nications, and OCS facility personnel.

and devices on structures and essential (b) On-scene survey. The OCS facility
services; owner or operator must ensure that an
399
106.305 33 CFR Ch. I (7110 Edition)
on-scene survey of each OCS facility is (iv) Use of a vessel interfacing with
conducted. The on-scene survey exam- the OCS facility as a weapon or as a
ines and evaluates existing OCS facil- means to cause damage or destruction;
ity protective measures, procedures, and
and operations to verify or collect the (v) Effects of a nuclear, biological,
information required in paragraph (a) radiological, explosive, or chemical at-
of this section. tack to the OCS facilitys shoreside
(c) Analysis and recommendations. In support system;
conducting the FSA, the OCS owner or (3) Threat assessments by Govern-
operator must ensure that the Com- ment agencies;
pany Security Officer (CSO) analyzes (4) Vulnerabilities, including human
the OCS facility background informa- factors, in the OCS facilitys infra-
tion and the on-scene survey, and con- structure, policies and procedures;
sidering the requirements of this part, (5) Any particular aspects of the OCS
provides recommendations to establish facility, including the vessels that
and prioritize the security measures interface with the OCS facility, which
that should be included in the FSP. make it likely to be the target of an
The analysis must consider: attack;
(1) Each vulnerability found during (6) Likely consequences, in terms of
the on-scene survey, including but not loss of life, damage to property, or eco-
limited to: nomic disruption, of an attack on or at
(i) Access to the OCS facility; the OCS facility; and
(ii) Structural integrity of the OCS (7) Locations where access restric-
facility; tions or prohibitions will be applied for
(iii) Existing security measures and each MARSEC Level.
procedures, including identification (d) FSA Report. (1) The OCS facility
systems; owner or operator must ensure that a
(iv) Existing security measures and written FSA report is prepared and in-
procedures relating to essential serv- cluded as a part of the FSP. The report
ices; must contain:
(v) Measures to protect radio and (i) A summary of how the on-scene
telecommunication equipment, includ- survey was conducted;
ing computer systems and networks;
(ii) A description of existing security
(vi) Existing agreements with private
measures, including inspection, control
security companies;
and monitoring equipment, personnel
(vii) Any conflicting policies between
identification documents and commu-
safety and security measures and pro-
nication, alarm, lighting, access con-
cedures;
trol, and similar systems;
(viii) Any conflicting OCS facility op-
(iii) A description of each vulner-
erations and security duty assign-
ability found during the on-scene sur-
ments;
vey;
(ix) Any deficiencies identified dur-
ing daily operations or training and (iv) A description of security meas-
drills; and ures that could be used to address each
(x) Any deficiencies identified fol- vulnerability;
lowing security incidents or alerts, the (v) A list of the key OCS facility op-
report of security concerns, the exer- erations that are important to protect;
cise of control measures, or audits. and
(2) Possible security threats, includ- (vi) A list of identified weaknesses,
ing but not limited to: including human factors, in the infra-
(i) Damage to or destruction of the structure, policies, and procedures of
OCS facility or of a vessel adjacent to the OCS facility.
the OCS facility; (2) A FSA report must describe the
(ii) Smuggling dangerous substances following elements within the OCS fa-
and devices; cility:
(iii) Use of a vessel interfacing with (i) Physical security;
(ii) Structural integrity;
the OCS facility to carry those intend-

ing to cause a security incident and (iii) Personnel protection systems;
their equipment; (iv) Procedural policies;
400
(v) Radio and telecommunication 106.310 Submission requirements.

(a) A completed FSA report must be
and networks; and
submitted with the Facility Security
(vi) Essential services.
Plan (FSP) required in 106.410 of this
(3) The FSA report must list the per-
part.
sons, activities, services, and oper-
(b) An OCS facility owner or operator
ations that are important to protect,
may generate and submit a report that
in each of the following categories:
(i) OCS facility personnel; contains the FSA for more than one
(ii) Visitors, vendors, repair techni- OCS facility subject to this part, to the
cians, vessel personnel, etc.; extent that they share similarities in
(iii) OCS facility stores; physical characteristics, location and
(iv) Any security communication and operations.
surveillance systems; and (c) The FSA must be reviewed and
(v) Any other security systems, if validated, and the FSA report must be
any. updated each time the FSP is sub-
(4) The FSA report must account for mitted for reapproval or revisions.
any vulnerabilities in the following [USCG200314759, 68 FR 39345, July 1, 2003, as
areas: amended at 68 FR 60558, Oct. 22, 2003]
(i) Conflicts between safety and secu-
rity measures; Subpart DOuter Continental
(ii) Conflicts between personnel du- Shelf (OCS) Facility Security
ties and security assignments;
(iii) The impact of watch-keeping du- Plan (FSP)
ties and risk of fatigue on personnel 106.400 General.
alertness and performance;
(iv) Security training deficiencies; (a) The OCS facility owner or oper-
and ator must ensure the FSO develops and
(v) Security equipment and systems, implements a Facility Security Plan
including communication systems. (FSP) for each OCS facility for which
(5) The FSA report must discuss and he or she is designated as FSO. The
evaluate key OCS facility measures FSP:
and operations, including (1) Must identify the FSO by name or
(i) Ensuring performance of all secu- position and provide 24-hour contact
rity duties; information;
(ii) Controlling access to the OCS fa- (2) Must be written in English;
cility through the use of identification (3) Must address each vulnerability
systems or otherwise; identified in the Facility Security As-
(iii) Controlling the embarkation of sessment (FSA);
OCS facility personnel and other per- (4) Must describe security measures
sons and their effects (including per- for each MARSEC Level; and
sonal effects and baggage, whether ac- (5) May cover more than one OCS fa-
companied or unaccompanied); cility to the extent that they share
(iv) Supervising the delivery of stores similarities in physical characteristics
and industrial supplies; and operations, if authorized and ap-
(v) Monitoring restricted areas to en- proved by the cognizant District Com-
sure that only authorized persons have mander.
access; (b) The FSP must be submitted for
(vi) Monitoring deck areas and areas approval to the cognizant District
surrounding the OCS facility; and Commander in a written or electronic
(vii) The ready availability of secu- format in a manner prescribed by the
rity communications, information, and cognizant District Commander.
equipment. (c) The FSP is sensitive security in-
(e) The FSA, FSA report, and FSP formation and must be protected in ac-
must be protected from unauthorized cordance with 49 CFR part 1520.
access or disclosure. (d) If the FSP is kept in an electronic
[USCG200314759, 68 FR 39345, July 1, 2003; 68 format, procedures must be in place to

FR 41917, July 16, 2003, as amended at 68 FR prevent its unauthorized deletion, de-
60558, Oct. 22, 2003] struction, or amendment.
401
106.405 33 CFR Ch. I (7110 Edition)
106.405 Format and content of the FSP meets the applicable requirements
Facility Security Plan (FSP). of this part; or
(a) An OCS facility owner or operator (2) If intending to operate under an
must ensure that the FSP consists of Approved Security Program, submit a
the individual sections listed in this letter signed by the OCS facility owner
paragraph (a). If the FSP does not fol- or operator stating which approved Al-
low the order as it appears in this para- ternative Security Program the owner
graph, the OCS facility owner or oper- or operator intends to use.
ator must ensure that the FSP con- (b) Owners or operators of OCS facili-
tains an index identifying the location ties not in service on or before Decem-
of each of the following sections: ber 31, 2003, must comply with the re-
(1) Security organization of the OCS quirements in paragraph (a) of this sec-
facility; tion 60 days prior to beginning oper-
(2) Personnel training; ations or by December 31, 2003, which-
(3) Drills and exercises; ever is later.
(4) Records and documentation; (c) The cognizant District Com-
(5) Response to change in MARSEC mander will examine each submission
Level; for compliance with this part and ei-
(6) Procedures for interfacing with ther:
vessels; (1) Approve it and specify any condi-
(7) Declaration of Security (DoS); tions of approval, returning to the sub-
(8) Communications; mitter a letter stating its acceptance
(9) Security systems and equipment and any conditions;
maintenance; (2) Return it for revision, returning a
(10) Security measures for access con- copy to the submitter with brief de-
trol; scriptions of the required revisions; or
(11) Security measures for restricted (3) Disapprove it, returning a copy to
areas; the submitter with a brief statement of
(12) Security measures for delivery of the reasons for disapproval.
stores and industrial supplies; (d) An FSP may be submitted and ap-
(13) Security measures for moni- proved to cover more than one OCS fa-
toring; cility where they share similarities in
(14) Security incident procedures; physical characteristics, location, and
(15) Audits and FSP amendments; operations.
and (e) Each OCS facility owner or oper-
(16) Facility Security Assessment ator that submits one FSP to cover
(FSA) report. two or more OCS facilities of similar
(b) The FSP must describe in detail design, location, and operation must
how the requirements of Subpart B of address OCS facility-specific informa-
this part will be met. FSPs that have tion that includes the physical and
been approved by the Coast Guard prior operational characteristics of each
to March 26, 2007 do not need to be OCS facility.
amended to describe their TWIC proce- (f) An FSP that is approved by the
dures until the next regularly sched- cognizant District Commander is valid
uled resubmission of the FSP. for 5 years from the date of its ap-
proval. The cognizant District Com-
[USCG200314759, 68 FR 39345, July 1, 2003; 68 mander will issue an approval letter, as
FR 41917, July 16, 2003, as amended by USCG
indicated in 106.115 of this part.
200624196, 72 FR 3587, Jan. 25, 2007]
[USCG200314759, 68 FR 39345, July 1, 2003, as
106.410 Submission and approval. amended at 68 FR 60558, Oct. 22, 2003]
the owner or operator of each OCS fa- 106.415 Amendment and audit.
cility currently in operation must ei- (a) Amendments. (1) Amendments to a
ther: Facility Security Plan (FSP) that are
(1) Submit one copy of the Facility approved by the cognizant District
Commander may be initiated by:
Security Plan (FSP) for review and ap-

proval to the cognizant District Com- (i) The OCS facility owner or oper-
mander and a letter certifying that the ator; or
402
(ii) The cognizant District Com- that the FSP meets the applicable re-
mander, upon a determination that an quirements of this part.
amendment is needed to maintain the (2) If there is a change in ownership
OCS facilitys security. The cognizant or operations of the OCS facility, or if
District Commander will give the OCS there have been modifications to the
facility owner or operator written no- OCS facility, the FSP must be audited
tice and request that the OCS facility including but not limited to physical
owner or operator propose amendments structure, emergency response proce-
addressing any matters specified in the dures, security measures, or oper-
notice. The OCS facility owner or operations.
ator will have at least 60 days to sub- (3) Auditing the FSP as a result of
mit its proposed amendments. Until modifications to the OCS facility may
amendments are approved, the OCS fa- be limited to those sections of the FSP
cility owner or operator shall ensure affected by the OCS facility modifica-
temporary security measures are im- tions.
plemented to the satisfaction of the (4) Unless impracticable due to the
cognizant District Commander. size and nature of the company or the
(2) Proposed amendments must be OCS facility, personnel conducting in-
sent to the cognizant District Com- ternal audits of the security measures
mander. If initiated by the OCS facility specified in the FSP or evaluating its
owner or operator, the proposed implementation must:
amendment must be submitted at least (i) Have knowledge of methods of
30 days before the amendment is to conducting audits and inspections, and
take effect unless the cognizant Dis- control and monitoring techniques;
(ii) Not have regularly assigned secu-
trict Commander allows a shorter pe-
rity duties; and
riod. The cognizant District Com-
(iii) Be independent of any security
mander will approve or disapprove the
measures being audited.
proposed amendment in accordance
(5) If the results of an audit require
with 106.410 of this subpart.
an amendment of either the Facility
(3) Nothing in this section should be Security Assessment (FSA) or FSP, the
construed as limiting the OCS facility FSO must submit, in accordance with
owner or operator from the timely im- 106.410 of this subpart, the amend-
plementation of such additional secu- ments to the cognizant District Com-
rity measures not enumerated in the mander for review and approval no
approved FSP as necessary to address later than 30 days after completion of
exigent security situations. In such the audit and a letter certifying that
cases, the owner or operator must no- the amended FSP meets the applicable
tify the cognizant District Commander requirements of this part.
by the most rapid means practicable as
to the nature of the additional meas- [USCG200314759, 68 FR 39345, July 1, 2003, as
amended at 68 FR 60559, Oct. 22, 2003]
ures, the circumstances that prompted
these additional measures, and the pe-
riod of time these additional measures PART 107NATIONAL VESSEL AND
are expected to be in place. FACILITY CONTROL MEASURES
(4) If the owner or operator has AND LIMITED ACCESS AREAS
changed, the Facility Security Officer
(FSO) must amend the Facility Secu- Subpart A [Reserved]
rity Plan (FSP) to include the name
and contact information of the new Subpart BUnauthorized Entry Into Cuban
OCS facility owner(s) or operator(s) Territorial Waters
and submit the affected portion of the Sec.
FSP for review and approval in accord- 107.200 Definitions.
ance with 106.410 of this subpart. 107.205 Purpose and delegation.
(b) Audits. (1) The FSO must ensure 107.210 Applicability.
107.215 Regulations.
an audit of the FSP is performed annu- 107.220 Permits.
ally, beginning no later than one year 107.225 Appeals.

from the initial date of approval and 107.230 Enforcement.
attach a letter to the FSP certifying 107.240 Continuation.
403
107.200 33 CFR Ch. I (7110 Edition)
AUTHORITY: 50 U.S.C. 191, 192, 194, 195; 14 under the laws of the United States or
U.S.C. 141; Presidential Proclamation 6867, 61 any State, the District of Columbia, or
FR 8843, 3 CFR, 1996 Comp., p. 8; Presidential any territory, commonwealth, or pos-
Proclamation 7757, 69 FR 9515 (March 1, 2004);
session of the United States; unless the
Secretary of Homeland Security Order 2004
001; Department of Homeland Security Dele- vessel has been granted the nationality
gation No. 0170.1; and 33 CFR 1.051. of a foreign nation in accordance with
article 5 of the 1958 Convention on the
SOURCE: Order 2004001, 69 FR 41372, July 8,
High Seas and a claim of nationality or
registry for the vessel is made by the
master or individual in charge at the
Subpart A [Reserved] time of the enforcement action by an
officer or employee of the United
Subpart BUnauthorized Entry Into States authorized to enforce applicable
Cuban Territorial Waters provisions of United States law;
(3) A vessel that was once docu-
107.200 Definitions. mented under the laws of the United
Unless otherwise specified, as used in States and, in violation of the laws of
this subpart: the United States, was either sold to a
Auxiliary vessel includes every de- person not a citizen of the United
scription of watercraft or other artifi- States or placed under foreign registry
cial contrivance used, or capable of or a foreign flag, whether or not the
being used, as a means of transpor- vessel has been granted the nationality
tation on water attached to, or em- of a foreign nation;
barked in, another vessel to which this (4) A vessel without nationality as
subpart applies. defined in 46 U.S.C. Appendix 1903(c)(2)
Cuban territorial waters means the ter- (3); or
ritorial sea and internal waters of Cuba (5) A vessel assimilated to a vessel
determined in accordance with inter- without nationality, in accordance
national law. with paragraph (2) of article 6 of the
Owner, agent, master, officer, or person 1958 Convention on the High Seas.
in charge means the persons or entities
that maintain operational control over 107.205 Purpose and delegation.
any vessel subject to the requirements The purpose of this subpart is to im-
of this subpart. plement Presidential Proclamation
U.S. territorial waters has the same 7757, and Secretary of Homeland Secu-
meaning as provided in 50 U.S.C. 195. rity Order 2004001. All powers and au-
Vessel includes every description of thorities granted to officers of the
watercraft or other artificial contriv- Coast Guard by this subpart may be
ance used, or capable of being used, as delegated to other officers and agents
a means of transportation on water, in- of the Coast Guard unless otherwise
cluding auxiliary vessels. prohibited by law.
Vessel of the United States means
(1) A vessel documented under chap- 107.210 Applicability.
ter 121 of title 46 or a vessel numbered (a) This subpart applies to:
as provided in chapter 123 of that title; (1) Vessels of the United States less
(2) A vessel owned in whole or part than 100 meters (328 feet) in length (and
by all associated auxiliary vessels) and
(i) The United States or a territory, the owners, agents, masters, officers,
commonwealth, or possession of the persons in charge, and members of the
United States; crew of such vessels, that depart U.S.
(ii) A State or political subdivision territorial waters and thereafter enter
thereof; Cuban territorial waters, regardless of
(iii) a citizen or national of the whether such entry is made after an in-
United States; or tervening entry into, passage through,
(iv) A corporation, partnership, asso- or departure from any other foreign
ciation, trust, joint venture, limited li- territory or territorial waters;
ability company, limited liability part- (2) Vessels of the United States less
nership, or any other legal entity, cre- than 100 meters (328 feet) in length (and
ated and authorized to own vessels all associated auxiliary vessels) and
404
the owners, agents, masters, officers, on board. Such actions to be taken are
persons in charge, and members of the in the discretion of the Coast Guard
crew of such vessels that are located at Area or District Commander, or their
or get underway from a berth, pier, designees, as deemed necessary to en-
mooring, or anchorage in U.S. terri- sure compliance with this subpart and
torial waters, or depart U.S. territorial any order given pursuant thereto.
waters with the intent to enter Cuban (e) Where there is a reasonable,
territorial waters; and articulable basis to believe a vessel to
(3) Any person who knowingly fails which this subpart applies intends to
to comply with this subpart or order enter Cuban territorial waters, any
given under this subpart, or knowingly Coast Guard commissioned, warrant, or
obstructs or interferes with the exer- petty officer may require the owners,
cise of any power conferred by this sub- agents, masters, officers, or persons in
part. charge, or any member of the crew of
(b) This subpart does not apply to: any such vessel to provide verbal assur-
Foreign vessels, as defined by 46 U.S.C. ance that the vessel will not enter
2101(12), public vessels, as defined by 46 Cuban territorial waters as a condition
U.S.C. 2101(24) operated for non-com- for a vessel to get underway from a
mercial purposes, or vessels of the berth, pier, mooring, or anchorage in
United States entering Cuban terri- U.S. territorial waters, or to depart
torial waters under force majeure. from U.S. territorial waters. A Coast
107.215 Regulations. Guard commissioned, warrant, or petty
officer may require the owners, agents,
(a) Each person or vessel to which masters, officers, or persons in charge
this subpart applies may not get under- of the vessel to identify all persons on
way or depart from U.S. territorial wa- board the vessel and provide verbal as-
ters without a written permit from the surances that all persons on board have
Commander, Seventh Coast Guard Dis- received actual notice of these regula-
trict, or the District Commanders des- tions. The failure of an owner, agent,
ignee. Permits may be obtained pursu- master, officer, or person in charge, or
ant to the process established in any member of the crew of any vessel
107.220. The owner, agent, master, or (including all auxiliary vessels) to
person in charge of the vessel must which this subpart applies to provide
maintain the written permit for the requested verbal assurances shall not
vessel on board the vessel. be used as the sole basis for seizing the
(b) Each person or vessel to which
vessel for forfeiture under this subpart.
this subpart applies must obey any oral
(f) The provisions of this subpart are
or written order issued by a Coast
in addition to any powers conferred by
Guard Area or District Commander, or
law upon Coast Guard commissioned,
their designees, who may issue oral or
written orders to control the anchor- warrant, or petty officers, and not in
age or movement of such vessels and limitation of any powers conferred by
persons. Designees include Captains of law or regulation upon such officers, or
the Port, and commissioned, warrant any other officers of the United States.
and petty officers of the Coast Guard.
107.220 Permits.
(c) No person or vessel to which this
subpart applies may obstruct or inter- (a) Applications for a permit may be
fere with the exercise of any power obtained by writing or calling the Chief
conferred by this subpart. of Operations at Commander, Seventh
(d) Coast Guard commissioned, war- Coast Guard District (o), 909 SE First
rant and petty officers may go or re- Avenue, Miami, FL 33131, telephone
main on board a vessel subject to this (305) 4156920, or by such other means
subpart, may place guards on the sub- as the District Commander may make
ject vessel, may remove all persons not available to the public. The completed
specifically authorized by the Coast application may be returned via reg-
Guard to go or remain on board the ular mail or facsimile to the Chief of
subject vessel, and may take full or Operations at Commander, Seventh

partial possession or control of any Coast Guard District (o), 909 SE First
such vessel or part thereof, or person Avenue, Miami, FL 33131, facsimile
405
107.225 33 CFR Ch. I (7110 Edition)
(305) 4156925, or by other means pre- mander to reconsider. The request to

scribed by the District Commander for reconsider must be in writing, must be
the convenience of the applicant. made within five (5) business days from
(b) All applications must be written the date of receipt of the initial denial,
in English and legible. and must contain complete supporting
(c) The information and documenta- documentation and evidence which the
tion in this paragraph must be pro- applicant wishes to have considered.
vided with the application in order for Requests for reconsideration must be
it to be complete and considered by the mailed to Commander, Seventh Coast
Coast Guard: Guard District (d), 909 SE First Ave-
(1) The name, address, and telephone nue, Miami, FL 33131.
number of the applicant; (b) Upon receipt of the request to re-
(2) A copy of the valid vessel registra- consider, the Seventh Coast Guard Dis-
tion; trict Commander may direct a rep-
(3) A copy of a valid and applicable li- resentative to gather and submit docu-
cense issued to the applicant by the mentation or other evidence, which, in
U.S. Department of Commerce, Bureau the judgment of the Seventh District
of Industry and Security, pursuant to Commander, would be necessary or
the Export Administration Regula- helpful to a resolution of the request. If
tions, 15 CFR chapter VII, subchapter gathered and submitted, a copy of this
C, parts 730774 for the export of the documentation and evidence shall be
vessel to Cuba; and made available to the applicant. The
(4) A copy of a valid and applicable applicant shall be afforded five (5) busi-
specific license issued by the U.S. De- ness days from the date of receipt of
partment of the Treasury, Office of documentation and evidence gathered
Foreign Assets Control (OFAC), pursu- by the Seventh Coast Guard District
ant to the Cuban Assets Control Regu- Commanders representative to submit
lations, 31 CFR part 515, authorizing rebuttal materials. On or before the fif-
the applicants travel-related trans- teenth (15th) calendar day following
actions in Cuba. Applicants who do not submission of all materials, the Sev-
require such an OFAC specific license enth Coast Guard District Commander
shall make a written certification to shall issue a ruling, in writing, on the
that effect identifying which OFAC request to reconsider. The ruling may
general license applies or explaining reverse the initial denial, or, if the de-
why no OFAC license is required. nial is upheld, must contain the spe-
(d) Such applications must provide cific basis for denial of the application
the documentation required by upon reconsideration.
107.220(c) for each person to which this (c) The Seventh Coast Guard District
subpart applies on board the particular Commanders denial of a request for re-
vessel. consideration taken under paragraph
(e) Upon receiving an application for (b) of this section constitutes final
a permit, the Seventh Coast Guard Dis- agency action.
trict Commander (o) has ten (10) cal-
endar days from the receipt of the ap- 107.230 Enforcement.
plication to decide whether the appli- (a) Unauthorized departure or entry, or
cation is complete and, if so, whether a both. (1) Vessels and persons to whom
permit will be issued or denied. Appli- this subpart applies, as described in
cants will be notified in writing of the 107.210(a)(1), that do not comply with
decision to issue or deny a permit. In- 107.215(a), or any order issued pursu-
complete applications will be returned ant to this subpart may be subject to a
to the applicant, along with the rea- civil penalty of not more than $25,000
sons why such application was deemed for each day of violation.
incomplete. (2) Vessels and persons to whom
107.230(a)(1) applies shall be held to a
107.225 Appeals. standard of strict liability for any
(a) Upon written notification by the entry into Cuban territorial waters
Coast Guard that an application has without a permit or for failure to

been denied, the applicant may request maintain the permit for the vessel on
the Seventh Coast Guard District Com- board the vessel as required under this
406
subpart, except that strict liability (c) False Statements. Violation of 18

will not be imposed if the failure to ob- U.S.C. 1001 may result in imprisonment
tain or carry a permit results pri- for not more than five years or a fine,
marily from an act of war, force or both.
majeure, or the negligence of the (d) Other enforcement. The civil pen-
United States. alties provided for in this subpart are
(b) Knowing failure to comply. Any separate from and in addition to any
person to whom this subpart applies as enforcement action that any other
described in 107.210(a)(2) or (a)(3) who
agency may seek for violations of the
knowingly fails to comply with this
subpart or order given under this sub- statutes and regulations administered
part, or knowingly obstructs or inter- by such agencies.
feres with the exercise of any power
107.240 Continuation.
conferred by this subpart may be sub-
ject to: This subpart will continue to be en-
(1) Imprisonment for not more than forced so long as the national emer-
10 years; gency with respect to Cuba, and the
(2) A monetary penalty of not more emergency authority relating to the
than $10,000; regulation of the anchorage and move-
(3) Seizure and forfeiture of the ves- ment of vessels declared in Proclama-
sel; and tion 6867, and expanded in scope by
(4) A civil penalty of not more than Proclamation 7757, continues.
$25,000 for each day of violation.
407
SUBCHAPTER IANCHORAGES
PART 109GENERAL (b) District Commanders will, when-

ever matters relating to the anchorage
Sec. of vessels are under consideration, as-
109.01 Purpose. certain the view of the District and Di-
109.05 Anchorage grounds. vision Engineer, Corps of Engineers,
109.07 Anchorages under Ports and Water- U.S. Army, and the proper representa-
ways Safety Act. tives of other departments likely to be
109.10 Special anchorage areas.
109.15 Enforcement proceedings.
interested, including the Commandant
109.20 Publication; notice of proposed rule of the Naval District concerned and the
making. medical officer in charge of the quar-
antine station at localities where quar-
AUTHORITY: R.S. 4233, as amended, 28 Stat.
647 as amended, 30 Stat. 98, as amended, sec. antine anchorages are involved, in
7, 38 Stat. 1053, as amended, sec. 6(g)(1), 80 order that they may arrange for suit-
Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49 U.S.C. able representation at such hearings.
1655(g)(1); Pub. L. 107296, 116 Stat. 2135; De- The views of the medical officer in
partment of Homeland Security Delegation charge of the quarantine station relat-
No. 0170.1.
ing to the proposed location and bound-
109.01 Purpose. aries of the quarantine anchorage will
be accepted insofar as practicable and
The purpose of the rules and regula-
consistent with the establishment of
tions in this subchapter is to imple-
other anchorage areas. (An Act of Con-
ment certain laws and set forth the re-
quirements for anchorage areas. gress approved July 1, 1944, as amended
(42 U.S.C. 267), authorizes the Surgeon
[CGFR 6746, 32 FR 17727, Dec. 12, 1967, as General, with the approval of the Sec-
amended by CGD 79096, 44 FR 51585, Sept. 4, retary of Health, Education, and Wel-
1979; USCG19983799, 63 FR 35526, June 30,
1998]
fare, to designate the boundaries of the
quarantine grounds and quarantine an-
109.05 Anchorage grounds. chorages for vessels which are reserved
(a) Section 7 of the Rivers and Har- for use at each United States quar-
bors Act of March 4, 1915 (33 U.S.C. 471), antine station.) A notice of public
authorizes the establishment of an- hearing concerning changes to the An-
chorage grounds for vessels in navi- chorage Regulations will be issued by
gable waters of the United States the District Commander and will be
whenever it is apparent that these are mailed to all known interested parties.
required by the maritime or commer- After providing an opportunity for pub-
cial interests of the United States for lic participation, the District Com-
safe navigation. The statute also au- mander will, if circumstances so war-
thorizes the adoption of suitable rules rant, issue changes to the Anchorage
and regulations regarding the estab- Regulations, or in appropriate cases
lishment of anchorage grounds, which forward recommendations for such
are enforced by the Coast Guard. The changes to the Commandant.
authority conferred by this statute was (c) As soon as publication has been
transferred to and vested in the Sec- noted in the FEDERAL REGISTER, the
retary of Homeland Security by section District Commander will publish
902(j) of the Coast Guard and Maritime changes to the Anchorage Regulations
Transportation Act of 2006 (Pub. L. 109 in the Local Notice to Mariners.
241, 120 Stat. 516), and delegated to the
Commandant of the U.S. Coast Guard (33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR
in Department of Homeland Security 1.46(c) and 1.45(b))
Delegation No. 0170.1. The Com- [CGFR 6746, 32 FR 17727, Dec. 12, 1967, as
mandant redelegated the authority to amended by CGD 79096, 44 FR 51585, Sept. 4,
establish anchorage grounds to each 1979; USCG19983799, 63 FR 35526, June 30,

Coast Guard District Commander as 1998; USCG200727887, 72 FR 45902, Aug. 16,
provided in 33 CFR 1.051(e)(1)(i). 2007]
408
109.07 Anchorages under Ports and time being as Captain of the Port.
Waterways Safety Act. When the vessel is at a port where
The provisions of section 4 (a) and (b) there is no Coast Guard officer, pro-
of the Ports and Waterways Safety Act ceedings will be initiated in the name
as delegated to the Commandant of the of the District Commander.
U.S. Coast Guard in Pub. L. 107296, 116 [CGFR 6746, 32 FR 17727, Dec. 12, 1967, as
Stat. 2135, authorize the Commandant amended by USCG200727887, 72 FR 45903,
to specify times of movement within Aug. 16, 2007]
ports and harbors, restrict vessel oper-
ations in hazardous areas and under 109.20 Publication; notice of pro-
hazardous conditions, and direct the posed rule making.
anchoring of vessels. The sections list- (a) Section 4 of the Administrative
ed in 110.1a of this subchapter are reg- Procedure Act (5 U.S.C. 553), requires
ulated under the Ports and Waterways publication of general notice of pro-
Safety Act. posed rule making in the FEDERAL
[CGD 3811A, 47 FR 4063, Jan. 28, 1982, as REGISTER (unless all persons subject
amended by USCG200314505, 68 FR 9535, thereto are named and either person-
Feb. 28, 2003] ally served or otherwise have actual
notice thereof in accordance with law),
109.10 Special anchorage areas.
except to the extent that there is in-
An Act of Congress of April 22, 1940, volved (1) any military, naval, or for-
provides for the designation of special eign affairs function of the United
anchorage areas wherein vessels not States or (2) any matter relating to
more than sixty-five feet in length, agency management or personnel or to
when at anchor, will not be required to public property, loans, grants, benefits,
carry or exhibit anchorage lights. Such or contracts. Except where notice or
designation is to be made after inves- hearing is required by statute, this re-
tigation, by rule, regulation, or order, quirement does not apply to interpre-
the procedure for which will be similar tative rules, general statements of pol-
to that followed for anchorage grounds icy, rules of agency organization, pro-
under section 7 of the Rivers and Har- cedure, or practice, or in any situation
bors Act of March 4, 1915, as referred to in which the agency for good cause
in 109.05. The areas so designated finds (and incorporates the finding and
should be well removed from the fair- a brief statement of the reasons there-
ways and located where general naviga- for in the rules issued) that notice and
tion will not endanger or be endan- public procedure thereon are impracti-
gered by unlighted vessels. The author- cable, unnecessary, or contrary to the
ity to designate special anchorage public interest.
areas was transferred to and vested in
(b) General notice of proposed rule
the Secretary of Homeland Security by
making published in accordance with
section 902(j) of the Coast Guard and
the above will include (1) a statement
Maritime Transportation Act of 2006
of the time, place, and nature of public
(Pub. L. 109241, 120 Stat 516), and dele-
rule making proceedings; (2) reference
gated to the Commandant of the U.S.
to the authority under which the rule
Coast Guard in Department of Home-
is proposed; and (3) either the terms or
land Security Delegation No. 0170.1.
substance of the proposed rule or a de-
The Commandant redelegated the au-
thority to establish anchorage grounds scription of the subjects and issues in-
to each Coast Guard District Com- volved.
mander as provided in 33 CFR 1.05 [CGFR 6746, 32 FR 17727, Dec. 12, 1967]
1(e)(1)(i).
[USCG200727887, 72 FR 45902, Aug. 16, 2007] PART 110ANCHORAGE
REGULATIONS
109.15 Enforcement proceedings.
Proceedings against a vessel vio- Sec.
lating the Anchorage Regulations are 110.1 General.

to be brought in the name of the officer 110.1a Anchorages under Ports and Water-
of the Coast Guard assigned for the ways Safety Act.
409
Subpart ASpecial Anchorage Areas 110.72c Lake Murray, S.C.

110.72d Ashley River anchorage areas, SC.
110.4 Penobscot Bay, Maine. 110.73 St. Johns River, Fla.
110.5 Casco Bay, Maine. 110.73a Indian River at Sebastian, Fla.
110.6 Portland Harbor, Portland, Maine (be- 110.73b Indian River at Vero Beach, Fla.
tween Little Diamond Island and Great 110.73c Okeechobee Waterway, St. Lucie
Diamond Island). River, Stuart, FL.
110.6a Fore River, Portland Harbor, Port- 110.74 Marco Island, Marco River, Fla.
land, Maine. 110.74a Manatee River, Bradenton, Fla.
110.8 Lake Champlain, N.Y. and Vt. 110.74b Apollo Beach, Fla.
110.10 Portsmouth Harbor, New Hampshire, 110.74c Bahia de San Juan, PR.
north of Newcastle Island. 110.75 Corpus Christi Bay, Tex.
110.25 Salem Sound, Mass. 110.77 Amistad Reservoir, Tex.
110.26 Marblehead Harbor, Marblehead, 110.77a Duluth-Superior Harbor, Duluth,
Mass. Minn.
110.27 Lynn Harbor in Broad Sound, Mass. 110.77b Madeline Island, WI.
110.29 Boston Inner Harbor, Mass. 110.78 Sturgeon Bay, Sturgeon Bay, Wis.
110.30 Boston Harbor, Mass.. 110.79a Neenah Harbor, Neenah, Wis.
110.31 Hull Bay and Allerton Harbor at Hull, 110.79b Millers Bay, Lake Winnebago, Osh-
Mass. kosh, WI.
110.32 Hingham Harbor, Hingham, Mass. 110.79c Fish Creek Harbor, Fish Creek, Wis-
110.37 Sesuit Harbor, Dennis, Mass. consin.
110.38 Edgartown Harbor, Mass. 110.80 Milwaukee Harbor, Milwaukee, Wis.
110.40 Silver Beach Harbor, North Fal- 110.80a Lake Macatawa, Mich.
mouth, Mass. 110.80b Marquette Harbor, Marquette, Mich.
110.45 Onset Bay, Mass. 110.81 Muskegon Lake, Mich.
110.45a Mattapoisett Harbor, Mattapoisett, 110.81a Lake Betsie, Frankfort, MI.
Mass. 110.82 Charlevoix Harbor, Mich.
110.46 Newport Harbor, Newport, R.I. 110.82a Little Traverse Bay, Lake Michigan,
110.47 Little Narragansett Bay, Watch Hill, Harbor Springs, Mich.
R.I. 110.83 Chicago Harbor, Ill.
110.48 Thompson Cove on east side of 110.83a Cedar Point, Sandusky, Ohio.
Pawcatuck River below Westerly, R.I. 110.84 Black Rock Channel opposite foot of
110.50 Stonington Harbor, Conn. Porter Avenue, Buffalo, N.Y.
110.50a Fishers Island Sound, Stonington, 110.84b Buffalo, N.Y.
Conn. 110.85 Niagara River, Youngstown, N.Y.
110.50b Mystic Harbor, Groton and 110.86 Sodus Bay, NY.
Stonington, Conn. 110.87 Henderson Harbor, N.Y.
110.50c Mumford Cove, Groton, Conn. 110.90 San Diego Harbor, California.
110.50d Mystic Harbor, Noank, Conn. 110.91 Mission Bay, Calif.
110.51 Groton, Conn. 110.93 Dana Point Harbor, Calif.
110.52 Thames River, New London, Conn. 110.95 Newport Bay Harbor, Calif.
110.53 Niantic, Conn. 110.100 Los Angeles and Long Beach Har-
110.54 Long Island Sound, on west side of bors, Calif.
entrance to Pataguanset River, Conn. 110.111 Marina del Rey Harbor, Calif.
110.55 Connecticut River, Conn. 110.115 Santa Barbara Harbor, Calif.
110.55a Five Mile River, Norwalk and 110.120 San Luis Obispo Bay, Calif.
Darien, Conn. 110.125 Morro Bay Harbor, Calif.
110.56 Noroton Harbor, Darien, Conn. 110.126 Monterey Harbor, Calif.
110.58 Cos Cob Harbor, Greenwich, Conn. 110.126a San Francisco Bay, Calif.
110.59 Eastern Long Island, NY. 110.127 Lake Mohave and Lake Mead, Ne-
110.60 Captain of the Port, New York. vada and Arizona.
110.65 Indian River Bay, Del. 110.127a Lake Powell, Utah-Arizona.
110.67 Delaware River, Essington, Pa. 110.127b Flaming Gorge Lake, Wyoming-
110.70 Chesapeake and Delaware Canal, eas- Utah.
terly of Courthouse Point, Md. 110.127c Trinidad Bay, Calif.
110.70a Northeast River, North East, Md. 110.128 Columbia River at Portland, Oreg.
110.71 Jacobs Nose Cove, Elk River, Md. 110.128b Island of Hawaii, Hawaii.
110.71a Cabin Creek, Grasonville, Md. 110.128c Island of Kauai, Hawaii.
110.71b Wye River, Wye, Md. 110.128d Island of Oahu, Hawaii. (Datum:
110.72 Blackhole Creek, Md. OHD)
110.72a Chester River, southeast of Chester- 110.129a Apra Harbor, Guam. (Datum: WGS
town, Md. 84)
110.72aa Elizabeth River Spectator Vessel
Anchorage Areas, between Norfolk and Subpart BAnchorage Grounds

Portsmouth, Virginia.
110.72b St. Simons Island, Ga. 110.130 Bar Harbor, Maine.
410
110.131 Sheepscot River in the vicinity of 110.218 Pacific Ocean at San Clemente Is-
Edgecomb, Maine. land, Calif.; in vicinity of Wilson Cove.
110.132 Rockland Harbor, Maine. 110.220 Pacific Ocean at San Nicolas Island,
110.133 Kennebec River in vicinity of Bath, Calif.; restricted anchorage areas.
Maine. 110.222 Pacific Ocean at Santa Barbara Is-
110.134 Portland Harbor, Maine. land, Calif.
110.136 Lake Champlain, NY and VT. 110.224 San Francisco Bay, San Pablo Bay,
110.138 Boston Harbor, Mass. Carquinez Strait, Suisun Bay, Sac-
110.140 Buzzards Bay, Nantucket Sound, and ramento River, San Joaquin River, and
adjacent waters, Mass. connecting waters, CA.
110.142 Nantucket Harbor, Mass. 110.228 Columbia River, Oregon and Wash-
110.145 Narragansett Bay, R.I. ington.
110.147 New London Harbor, Conn. 110.229 Straits of Juan de Fuca, Wash.
110.148 Johnsons River at Bridgeport, Conn. 110.230 Puget Sound Area, Wash.
110.150 Block Island Sound, N.Y. 110.231 Ketchikan Harbor, Alaska, Large
110.155 Port of New York. Passenger Vessel Anchorage.
110.156 Randall Bay, Freeport, Long Island, 110.232 Southeast Alaska.
N.Y. 110.233 Prince William Sound, Alaska.
110.157 Delaware Bay and River. 110.235 Pacific Ocean (Mamala Bay), Hono-
110.158 Baltimore Harbor, MD. lulu Harbor, Hawaii (Datum: NAD 83).
110.159 Annapolis Harbor, MD. 110.236 Pacific Ocean off Barbers Point, Is-
110.166 York River, Va., naval anchorage. land of Oahu, Hawaii: Offshore pipeline
110.168 Hampton Roads, Virginia, and adja- terminal anchorages.
cent waters (Datum: NAD 83). 110.237 Pacific Ocean at Waimea, Hawaii,
110.170 Lockwoods Folly Inlet, N.C. Naval Anchorage.
110.173 Port of Charleston, S.C. 110.238 Apra Harbor, Guam.
110.179 Skidaway River, Isle of Hope, Ga. 110.239 Island of Tinian, CNMI.
110.182 Atlantic Ocean off Fort George 110.240 San Juan Harbor, P.R.
Inlet, near Mayport, Fla. 110.245 Vieques Passage and Vieques Sound,
110.183 St. Johns River, Florida. near Vieques Island, P.R.
110.185 Atlantic Ocean, off the Port of Palm 110.250 St. Thomas Harbor, Charlotte
Beach, Fla. Amalie, V.I.
110.186 Port Everglades, Florida. 110.255 Ponce Harbor, P.R.
110.188 Atlantic Ocean off Miami and Miami AUTHORITY: 33 U.S.C. 471, 1221 through 1236,
Beach, Fla. 2030, 2035, 2071; 33 CFR 1.051(g); Department
110.189a Key West Harbor, Key West, Fla., of Homeland Security Delegation No. 0170.1.
naval explosives anchorage area.
110.190 Tortugas Harbor, in vicinity of Gar- SOURCE: CGFR 6746, 32 FR 17728, Dec. 12,
den Key, Dry Tortugas, Fla. 1967, unless otherwise noted.
110.193 Tampa Bay, Fla.
110.193a St. Joseph Bay, Fla. 110.1 General.
110.194 Mobile Bay, Ala., at entrance. (a) The areas described in subpart A
110.194a Mobile Bay, Ala., and Mississippi
of this part are designated as special
Sound, Miss.
110.194b Mississippi Sound and Gulf of Mex- anchorage areas for purposes of 33
ico, near Petit Bois Island, Miss. U.S.C. 2030(g) and 2035(j). Vessels of
110.195 Mississippi River below Baton less than 20 meters in length, and
Rouge, LA, including South and South- barges, canal boats, scows, or other
west Passes. nondescript craft, are not required to
110.196 Sabine Pass Channel, Sabine Pass, sound signals required by rule 35 of the
Tex. Inland Navigation Rules (33 U.S.C.
110.197 Galveston Harbor, Bolivar Roads
2035). Vessels of less than 20 meters are
Channel, Texas
110.205 Chicago Harbor, Ill. not required to exhibit anchor lights or
110.206 Detroit River, Michigan. shapes required by rule 30 of the Inland
110.207 Cleveland Harbor, Ohio. Navigation Rules (33 U.S.C. 2030).
110.208 Buffalo Harbor, N.Y. (b) The anchorage grounds for vessels
110.210 San Diego Harbor, CA. described in Subpart B of this part are
110.212 Newport Bay Harbor, Calif. established, and the rules and regula-
110.214 Los Angeles and Long Beach har- tions in relation thereto adopted, pur-
bors, California.
suant to the authority contained in
110.215 Anaheim Bay Harbor, Calif., U.S.
Naval Weapons Station, Seal Beach, section 7 of the act of March 4, 1915, as
Calif.; naval explosives anchorage. amended (38 Stat. 1053; 33 U.S.C. 471).
110.216 Pacific Ocean at Santa Catalina Is- (c) All bearings in the part are re-
land, Calif. ferred to true meridian.
411
110.1a 33 CFR Ch. I (7110 Edition)
(d) Geographic coordinates expressed of the City of Rockland, Maine. Requests for
in terms of latitude or longitude, or placement of mooring buoys shall be di-
both, are not intended for plotting on rected to the local government. Fixed moor-
ing piles or stakes are prohibited.
maps or charts whose reference hori-
(b) Camden Harbor, Sherman Cove and
zontal datum is the North American
adjacent waters. (1) Anchorage A. All of
Datum of 1983 (NAD 83), unless such ge-
the waters enclosed by a line beginning
ographic coordinates are expressly la-
at Eaton Point at latitude 441231 N,
beled NAD 83. Geographic coordinates
longitude 0690334 W; thence to lati-
without the NAD 83 reference may be
tude 441228 N, longitude 0690333 W;
plotted on maps or charts referenced to
thence to latitude 441232 N, longitude
NAD 83 only after application of the
0690249 W; thence along the shoreline
appropriate corrections that are pub-
to the point of beginning. DATUM:
lished on the particular map or chart
NAD83
being used.
(2) Anchorage B. All of the waters en-
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as closed by a line beginning at
amended by CGD 86082, 52 FR 33811, Sept. 8, Dillingham Point at latitude 441212
1987; USCG19983799, 63 FR 35526, June 30, N, longitude 0690320 W.; thence to
1998]
110.1a Anchorages under Ports and W.; thence to latitude 441219 N, lon-
Waterways Safety Act. gitude 0690308 W; thence to latitude
441228 N, longitude 0690313 W;
(a) The anchorages listed in this sec-
thence to latitude 441226 N, longitude
tion are regulated under the Ports and
0690339 W; thence along the shoreline
Waterways Safety Act (33 U.S.C. 1221 et
to the point of beginning. DATUM:
seq.):
NAD83
(1) Section 110.155 Port of New York.
(2) [Reserved] NOTE TO PARAGRAPH (b): Anchorages A and
(b) [Reserved] B are special anchorage areas reserved for
yachts and other recreational craft. Fore and
[CGD 3811A, 47 FR 4063, Jan. 28, 1982, as aft moorings will be allowed in this area.
amended by CGD 96052, 62 FR 16703, Apr. 8, Temporary floats or buoys for marking an-
1997] chors or moorings in place will be allowed.
Fixed mooring piles or stakes are prohibited.
Subpart ASpecial Anchorage All moorings must be so placed that no ves-
sel when anchored is at any time extended
Areas into the thoroughfare. This is to ensure that
a distance of approximately 150 feet is left
110.4 Penobscot Bay, Maine. between Anchorages A and B for vessels en-
(a) Rockland Harbor. Beginning at a tering or departing from Camden Harbor. All
point bearing 244, 1,715 yards, from anchoring in the area is under the super-
Rockland Breakwater Light; thence vision of the local harbor master or such
other authority as may be designated by the
260, 490 yards, to a point bearing 248 authorities of the Town of Camden, Maine.
from Rockland Breakwater Light; (c) Stonington Harbor, Deer Island
thence 350, 580 yards, to a point bear- Thorofare. (1) Crotch Island. All of the
ing 263 from Rockland Breakwater waters bound by the following points
Light; thence 83, 480 yards, to a point beginning at the northeast shore of
bearing 263 from Rockland Breakwater Crotch Island located at: latitude
Light; and thence 169, 550 yards, to the 440851.0 N, longitude 0684006.0 W;
point of beginning. This area is limited thence southerly along the shoreline to
to vessels no greater than 20 meters in latitude 440836.0 N, longitude
length. 0684007.02 W; thence to latitude
NOTE TO PARAGRAPH (a): This area is pri- 440836.0 N, longitude 0684004.02 W;
marily for use by yachts and other rec- thence to latitude 440846.98 N, lon-
reational craft. Temporary floats or buoy for gitude 0684000.0 W; thence to latitude
marking the location of the anchor may be 440855.02 N, longitude 0683949.02 W;
used. All moorings shall be so placed that no
thence to latitude 440854.0 N, lon-
vessel, when anchored, shall at any time ex-
tend beyond the limits of the area. All an- gitude 0684006.0 W thence back to ori-
choring in the area shall be under the super- gin.

vision of the local harbormaster or such au- DATUM: NAD 83.
thority as may be designated by authorities (2) [Reserved]
412
NOTE TO 110.4(c): An ordinance of the from the eastern extremity of Stovers
Town of Stonington, Maine requires the ap- Point to the point of land at the north-
proval of the Stonington Harbor Master for erly end of the harbor, said point of
the location and type of moorings placed in
these special anchorage areas. All anchoring
land bearing approximately 275 from
in the areas are under the supervision of the the observatory on Orrs Island.
Stonington Harbor Master or other such au- (c) Basin Cove, west side of Harpswell
thority as may be designated by the authori- Neck, Harpswell. All of the area lying
ties of the Town of Stonington, Maine. All northeasterly of a line bearing 350
moorings are to be so placed that no moored from the northwest corner of the en-
vessel will extend beyond the limit of the trance to the cove.
area. (c1) Basin Point, Potts Harbor, east
[CGD0102129, 68 FR 44888, July 31, 2003, as side of Basin Point. The water area east
amended by CGD0106084, 72 FR 466, Jan. 5, of Basin Point enclosed by a line begin-
2007; USCG20070198, 73 FR 38923, July 8, ning at the southernmost extremity of
2008] Basin Point at latitude 434417 N., lon-
110.5 Casco Bay, Maine. gitude 700236 W.; thence easterly to
latitude 434417 N., longitude 700219
(a) Beals Cove, West side of Orrs Island, W.; thence north northeasterly to a
Harpswell. The entire cove as defined point on the shoreline at latitude
by the shoreline and a line across the 434443 N., longitude 700205 W.;
entrace bearing 215 and tangent to the thence following the shoreline to the
shore on the north side. point of beginning.
(a1) Merriconeag Sound, Harpswell. (d) Mussel Cove and adjacent waters at
The area comprises that portion of the Falmouth Foreside, Falmouth. All of the
Sound beginning at a point on the waters enclosed by a line beginning at
shoreline about 1,000 feet northeasterly the Dock House (F.S.) located at lati-
from the southwesterly extremity of tude 434422 N, longitude 701141 W;
Orrs Island at latitude 434509, lon- thence to latitude 434419 N, longitude
gitude 695914, thence extending 290 701133 W; thence to latitude 434400
to a point at latitude 434510, lon- N, longitude 701144 W; thence to lati-
gitude 695920, thence extending 20 to tude 434337 N, longitude 701137 W;
a point at latitude 434534, longitude thence to latitude 434304 N, longitude
695905, thence extending 110 to a 701213 W; thence to latitude 434156
point on the shoreline at latitude N, longitude 701253 W; thence to lati-
434533, longitude 695858, thence tude 434149 N, longitude 701305 W;
along the shoreline to the point of be- thence to latitude 434211 N, longitude
ginning. 701330 W; thence along the shoreline
NOTE: The area is principally for use by to the point of beginning. DATUM:
yachts and other recreational craft. Fore and NAD 83.
aft moorings will be allowed. Temporary NOTE TO PARAGRAPH (d). The area designed
floats or buoys for marking anchors in place by paragraph (g) of this section is reserved
will be allowed. All moorings shall be so for yachts and other small recreational
placed that no vessel, when anchored, shall craft. Fore and aft moorings will be allowed
at any time extend beyond the limits of the in this area. Temporary floats or buoys for
area. Fixed mooring piles or stakes are pro- marking anchors or moorings in place will be
hibited. All anchoring in the area shall be allowed. Fixed mooring piles or stakes are
under the supervision of the local harbor prohibited. All moorings must be so placed
master or such authority as may be des- so that no vessel when anchored is at any
ignated by authorities of the Town of time extended into the thoroughfare. All an-
Harpswell, Maine. choring in the area is under the supervision
(a2) Mackerel Cove, Bailey Island, of the local harbor master or such other au-
Harpswell. The water area of Mackerel thority as may be designated by the authori-
ties of the Town of Falmouth, Maine.
Cove lying northeasterly of a line from
a point on Abner Point at latitude (e) Harraseeket River. That portion of
434328 N., longitude 700019 W., to a the Harraseeket River within the mean
point on Bailey Island at latitude low water lines, between Stockbridge
434318.2 N., longitude 700012.2 W. Point and Weston Point, excluding
(b) Harpswell Harbor, east side of therefrom a thoroughfare, 100 feet

Harpswell Neck, Harpswell. The entire wide, the center line of which follows
area lying westerly of a line bearing 8 the natural channel.
413
110.6 33 CFR Ch. I (7110 Edition)
NOTE: This area is reserved for yachts and Yarmouth Harbor Master or other such au-
other small recreational craft. Fore and aft thority as may be designated by the authori-
moorings will be allowed in this area. Tem- ties of the Town of Yarmouth, Maine. All
porary floats or buoys for marking anchors moorings are to be so placed that no moored
or moorings in place will be allowed. Fixed vessel will extend beyond the limit of the an-
mooring piles or stakes are prohibited. All chorage area.
moorings shall be so placed that no vessel
when anchored shall at any time extend into [CGFR 6746, 32 FR 17728, Dec. 12, 1967]
the thoroughfare. All anchoring in the area
EDITORIAL NOTE: For FEDERAL REGISTER ci-
shall be under the supervision of the local
harbor master or such other authority as tations affecting 110.5, see the List of CFR
may be designated by the authorities of the Sections Affected, which appears in the
Town of Freeport, Maine. Finding Aids section of the printed volume
and on GPO Access.
(f) Yarmouth Harbor and adjacent
waters(1) Littlejohn Island/Doyle 110.6 Portland Harbor, Portland,
Point Cousins Island Special Anchor- Maine (between Little Diamond Is-
age. All of the waters enclosed by a land and Great Diamond Island).
line connecting the following points:
Beginning at the southeasterly cor-
Starting from the northernmost point
ner of the wharf, at the most southerly
of Littlejohn Island at latitude
434551.6 N, longitude 700657.0 W; point of Great Diamond Island at lati-
thence to latitude 434546.8 N, lon- tude 434013, longitude 701200; thence
gitude 700653.4 W; thence to latitude extending southwesterly to the north-
434525.8 N, longitude 700722.8 W; easterly corner of the wharf on the eas-
thence to latitude 434516.8 N, lon- terly side of Little Diamond Island at
gitude 700740.8 W; thence to latitude latitude 434003, longitude 701215;
434457.0 N, longitude 700827.0 W; thence extending along the northerly
thence to latitude 434459.9 N, lon- side of the wharf to its shoreward end
gitude 700830.0 W. DATUM: NAD 83. at latitude 434003, longitude 701217;
(2) Madeleine and Sandy Point Spe- thence extending along the shoreline of
cial Anchorage. All of the waters en- Little Diamond Island to latitude
closed by a line connecting the fol- 434011, longitude 701220; thence ex-
lowing points: Starting from a point tending northeasterly to the shoreline
northeast of Birch Point on Cousins Is- of the southerly side of Great Diamond
land at latitude 434515.1 N, longitude Island at latitude 434021, longitude
700916.8 W; thence to latitude 701206; thence extending along the
434521.0 N, longitude 700930.0 W;
shoreline of Great Diamond Island to
the shoreward end of a wharf at lati-
gitude 700910.8 W; thence to latitude
434557.0 N, longitude 700858.8 W; tude 434015, longitude 701202; thence
thence to latitude 434601.3 N, lon- extending along the southwesterly side
gitude 700845.0 W. DATUM: NAD 83. of the wharf to the point of beginning.
(3) Drinkwater Point and Princes NOTE: The area is principally for use by
Point Special Anchorage. All of the wa- yachts and other recreational craft. Tem-
ters enclosed by a line connecting the porary floats or buoys for marking anchors
following points: Starting south of will be allowed. Fixed mooring piles or
Drinkwater Point in Yarmouth, Maine stakes are prohibited. The anchoring of ves-
at latitude 434626.8 N, longitude sels and placing of temporary moorings will
700917.0 W; thence to latitude be under the jurisdiction, and at the discre-
434621.0 N, longitude 700909.6 W; tion of the local Harbor Master. All moor-
thence to latitude 434604.2 N, lon- ings shall be so placed that no moored ves-
gitude 700946.2 W; thence to latitude sels will extend beyond the limit of the area.
434528.8 N, longitude 701024.0 W;
110.6a Fore River, Portland Harbor,
thence to latitude 434543.2 N, lon- Portland, Maine.
gitude 701024.0 W. DATUM: NAD 83.
NOTE TO PARAGRAPH (f). An ordinance of The water area beginning at a point
the Town of Yarmouth, Maine requires the on the shoreline near the Coast Guard
approval of the Yarmouth Harbor Master for Base in Position 4338 43 N and 07014
the location and type of moorings placed in 49 W; thence 319 to position 4338 55 N,
these special anchorage areas. All anchoring
in the areas are under the supervision of the
07015 03 W; thence 50 to position 4339
414
06 N: 070 14 43 W: thence 161 to main- (f) St. Albans Bay, Vt. An area in the
land; and thence southwesterly along northerly portion of St. Albans Bay
the shore to the point of beginning. westward of the State Pier at St. Al-
bans Bay State Park, northeasterly of
[CGD 018702, 52 FR 9829, Mar. 27, 1987]
a line bearing 29630 from the south-
110.8 Lake Champlain, N.Y. and Vt. westerly corner of the State Pier, and
southeasterly of a line parallel to and
(a) Ticonderoga, N.Y. An area shore- 500 feet west of the west side of the
ward of a line bearing 312 from Ticon- State Pier.
deroga Light to the southeast corner of (g) Charlotte, Vt. An area shoreward
the New York State Boat Launching of a line bearing 080 T from 441612 N,
Ramp. 731718 W, on Thompsons Point to
(b) Essex, N.Y. A small cove at the 441616 N, 731640 W., on Williams
westerly side of Lake Champlain, Point.
shoreward of a line connecting the off- (h) Burlington Harbor, VT. The waters
shore ends of two promontories located bounded by a line connecting the fol-
at Essex. lowing points:
(c) Shelburne, Vt. An area shoreward 442814.4 N 731316.5 W
of a line bearing 142 from the eastern 442814.4 N 731319.5 W
point of Collymer Pt. to Allen Hill. 442824.4 N 731318.4 W
(c1) Shelburne Bay. Beginning at a and thence along the shoreline to the
point on the shoreline at latitude point of the beginning. These positions
442553.0 N., longitude 731447.3 W.; have been converted to North Amer-
thence north to a point at latitude ican Datum 83.
442604.8 N., longitude 731446.6 W.; (i) Point Au Roche, New York. The wa-
thence northwesterly to a point on the ters of Deep Bay north of a line drawn
shoreline at latitude 442606.9 N., lon- shore to shore along the 444614 N line
gitude 731450.2 W.; thence along the of Latitude.
shoreline to the point of beginning.
(c2) Shelburne Bay Allen Hill to La NOTE: Anyone wishing to occupy a mooring
in this area shall obtain a permit from the
Platte River. That portion of the waters
New York State Office of Parks, Recreation
of Shelburne Bay west of the line from & Preservation.
a point at Allen Hill at latitude
442435 N., longitude 731414 W.; to a [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGFR 7016A, 35 FR 8823, June 6,
point near the mouth of the La Platte
1970; CCGD3802A, 45 FR 54755, July 18, 1980;
River at latitude 442403 N., longitude CGD38502, 51 FR 4593, Feb. 6, 1986; CGD190
731405 W. 063, 56 FR 12120, Mar. 22, 1991; CGD1 91063, 58
NOTE: The anchoring of vessels and place- FR 21104, Apr. 19, 1993]
ment of temporary moorings in the anchor-
age area described in paragraph (c2) of this 110.10 Portsmouth Harbor, New
section are administered by the Hampshire, north of Newcastle Is-
Harbormaster appointed by the Town of land.
Shelburne, Vermont. From the northern most point of
Goat Island to latitude 430425 N, lon-
(d) Mallets Bay, Vt. The southwest-
gitude 0704337 W; thence 08930 for
erly portion of Mallets Bay, south of
1025 yards; thence 120 for 285 yards,
Coates Island and west of a line bearing
thence 213 to the shoreline of New-
170 from the most easterly point of
castle Island, thence along the shore-
Coates Island to the mainland.
line of Newcastle Island and across the
(e) Mallets Bay, Vt. An area in the
breakwater to Goat Island and to the
northwesterly portion of Mallets Bay,
point of beginning.
south of a line extending from the
northeasterly end of Mallets Head to [CGD 831R, 48 FR 56578, Dec. 22, 1983]
the northeasterly end of Marble Island,
and west of a line extending from the 110.25 Salem Sound, Mass.
northeasterly end of Marble Island to (a) Beverly Harbor, north of Salem
the northeasterly side of Cave Island, Neck, Salem, MA. A line extending from
and southerly to the point on the lower the northerly end of the Salem Willows
east side of Mallets Head. Yacht Club House 360 yards bearing
415
110.26 33 CFR Ch. I (7110 Edition)
281 true to position latitude 423214.3 as described in 33 CFR 110.25(a) to the

N., longitude 705224.17 W.; thence point of beginning.
north 275 yards to Monument Bar Bea- (f) Marblehead Harbor, Marblehead,
con thence 540 yards bearing 080 to po- MA. The area comprises that portion of
sition latitude 423225.3 N., longitude the harbor lying between the extreme
70522.1 W., thence 365 yards bearing low water line and southwestward of a
175 to position latitude 423214.3 N., line bearing 336 from Marblehead Neck
longitude 70521.1 W.; thence 237 to Light to a point on Peach Point at lati-
the shore. [NAD83] tude 423103 N., longitude 705030 W.
(b) Bass River. All of the area up- NOTE: The area is principally for use by
stream of the highway bridge (Popes yachts and other recreational craft. Tem-
Bridge) outside of the dredged channel. porary floats or buoys for marking anchors
(c) South Channel. Bounded by a line are allowed. Fixed mooring piles or stakes
commencing at the northern most are prohibited. All moorings must be so that
no vessel, when anchored, will at any time
point of Peachs Point at position lati- extend beyond the limits of the area. The an-
tude 423108.6 N., longitude 705032.8 choring of vessels and the placing of tem-
W.; thence westerly to a point, at posi- porary moorings are under the jurisdiction
tion latitude 423121.9 N., longitude and at the direction of the local
705115.1 W. off Fluen Point; thence harbormaster.
westerly to a point at latitude [USCG20090416, 74 FR 27438, June 10, 2009]
423119.3 N., longitude 705147.4 W. off
Naugus Head; thence southwesterly to 110.26 Marblehead Harbor, Marble-
a point at latitude 423100.3 N., lon- head, Mass.
gitude 705116.6 W. east of Folger
Point; thence to a point at latitude The area comprises that portion of
423038.3 N., longitude 705234.6 W.; the harbor lying between the extreme
thence easterly to a point on Long low water line and southwestward of a
Point at latitude 423052.6 N., lon- line bearing 336 from Marblehead Neck
gitude 705305 W. The areas will be Light to a point on Peach Point at lati-
principally for use by yachts and other tude 423103, longitude 705030.
recreational craft. Temporary floats or NOTE: The area is principally for use by
buoys for marking anchors will be al- yachts and other recreational craft. Tem-
lowed in the areas but fixed piles or porary floats or buoys for marking anchors
stakes may not be placed. The anchor- are allowed. Fixed mooring piles or stakes
ing of vessels, the placing of moorings, are prohibited. All moorings shall be so that
and the maintenance of fairways will no vessel, when anchored, shall at any time
extend beyond the limits of the area. The an-
be under the jurisdiction of the local
choring of vessels and the placing of tem-
Harbor Master. porary moorings are under the jurisdiction
(d) Beverly and Mackerel Coves, north and at the direction of the local
side of Beverly Harbor. The water area harbormaster.
enclosed by a line commencing at the
[CGFR 6896, 33 FR 12550, Sept. 5, 1968; CGFR
southernmost point of Curtis Point in 68157, 34 FR 1380, Jan. 29, 1969]
Beverly; thence bearing 238, 1,400
yards to latitude 423229.7 N., 110.27 Lynn Harbor in Broad Sound,
705132.1 W.; thence 284, 1,475 yards to Mass.
the western shoreline of Mackerel
North of a line bearing 244 from the
Cove; thence north northeasterly to
tower of the Metropolitan District
the point of beginning.
Building, extending from the shore to a
(e) Collins Cove, Salem, MA. The water
point 100 feet from the east limit of the
area enclosed by a line beginning at
channel; east of a line bearing 358, ex-
Monument Bar Beacon; thence 242, 580
tending thence to a point 100 feet east
yards to latitude 423214.5 N., lon-
of the northeast corner of the turning
gitude 705246.3 W.; thence 284, 220
basin; south of a line bearing 88, ex-
yards to latitude 423216 N., longitude
tending thence to the shore; and south
705255 W.; thence 231, 525 yards to a
and west of the shoreline to its inter-
point on the shoreline; thence fol-

section with the south boundary.
lowing the shoreline and the western
boundary of the special anchorage area [USCG20090416, 74 FR 27439, June 10, 2009]
416
110.29 Boston Inner Harbor, Mass. porary moorings will be under the ju-
(a) Vicinity of Pleasant Park Yacht risdiction, and at the discretion of the
Club, Winthrop. Southerly of a line Harbormaster, City of Boston. All
bearing 276 from a point on the west moorings must be so placed that no
side of Pleasant Street, Winthrop, 360 vessel, when moored, will at any time
feet from the southwest corner of its extend beyond the limits of the area.
intersection with Main Street; west- NOTE TO PARAGRAPH (d): Administration of
erly of a line bearing 186 from a point Special Anchorage Area is exercised by the
on the south side of Main Street 140 Harbormaster, City of Boston, pursuant to
feet from the southwest corner of its local ordinances. The City of Boston will in-
intersection with Pleasant Street; stall and maintain suitable navigational aids
northerly of a line bearing 256 from a to mark the limits of Special Anchorage
point on the west side of Pleasant areas.
Street 550 feet from the southwest cor- [USCG20090416, 74 FR 27439, June 10, 2009]
ner of its intersection with Main Street
and easterly of a line bearing 182 from 110.30 Boston Harbor, Mass.
a point on the south side of Main (a) Vicinity of South Boston Yacht
Street 640 feet from the southwest cor-
Club, South Boston. Northerly of a line
ner of its intersection with Pleasant
bearing 96 from the stack of the heat-
Street.
ing plant of the Boston Housing Au-
(b) Mystic River, east side of Tobin
thority in South Boston; easterly of a
Bridge. Beginning at a line running
line bearing 5 from the west shaft of
from a point on the Tobin Bridge at
latitude 422308.5 N. 0710248.2 W. to a the tunnel of the Boston Main Drain-
point at latitude 422306.4 N. age Pumping Station; southerly of the
0710243.7 W.; thence northwest to a shoreline; and westerly of a line bear-
point at latitude 422309.1 N. ing 158 from the northeast corner of
0710243.2 W. along the shoreline to the iron fence marking the east bound-
the western side of Tobin Bridge, ary of the South Boston Yacht Club
thence to the point of origin. property.
(c) Mystic River, west side of Tobin (b) Dorchester Bay, in vicinity of Savin
Bridge. Beginning at a line running Hill Yacht Club. Northerly of a line
from a point on the Tobin Bridge at bearing 64 from the stack of the old
latitude 422308.8 N. 0710248.6 W. to a power plant of the Boston Elevated
point at latitude 422310.5 N. 0710552 Railway on Freeport Street in Dor-
W.; thence northwest to the southeast- chester; westerly of a line bearing 163
erly corner of the pier at latitude from the stack of the Boston Main
422313.4 N. 0710257.1 W. along the Drainage Pumping Station on the Cow
pier to the shoreline to the eastern side Pasture in Dorchester; and southerly
of Tobin Bridge, thence to the point of and easterly of the shoreline.
origin. (c) Dorchester Bay, in vicinity of Dor-
(d) Boston Inner Harbor A. (1) The wa- chester Yacht Club. Eastward of a line
ters of the western side of Boston Inner bearing 21 from the stack located a
Harbor north of the entrance to the short distance northwestward of the
Fort Point Channel bound by the fol- Dorchester Yacht Club; southward of a
lowing points beginning at latitude line bearing 294 from the southerly
422132 N., longitude 0710250 W; channel pier of the highway bridge;
thence to latitude 422133 N., lon- westward of the highway bridge and
gitude 0710244 W.; thence to latitude the shoreline; and northward of the
422126 N., longitude 0710236 W.; shoreline.
thence to latitude 422126 N., lon- (d) Quincy Bay, in vicinity of Wollaston
gitude 0710253 W.; thence to point of and Squantum Yacht Clubs. Northwest-
origin. [NAD83]. erly of a line bearing 3630 from a point
(2) The area is principally for use by on the shore 2,600 feet easterly of the
yachts and other recreational craft. east side of the Wollaston Yacht Club
Temporary floats or buoys for marking landing; southwesterly of a line bear-
anchors will be allowed. Fixed mooring ing 12915 from the water tank in
piles or stakes are prohibited. The an- Squantum; and southeasterly and
choring of vessels and placing of tem- northeasterly of the shoreline.
417
110.30 33 CFR Ch. I (7110 Edition)
(e) Quincy Bay, in vicinity of (j) Area No. 1 in Allerton Harbor. That
Merrymount Yacht Club. South of a line area north of Spinnaker Island begin-
starting from a point bearing 246, 3,510 ning at latitude 421815.3 N. 705344.1
yards, from the stack of the pumping W.; thence due east to latitude
station on Nut Island, and extending 421815.3 N. longitude 705327.6 W.;
thence 306 to the shore; west of a line thence due south to latitude 421807.8
bearing 190 from the aforesaid point to N. longitude 705327.6 W.; thence due
the shore; and north and east of the west to latitude 421807.8 N. longitude
shoreline. 705344.1 W.; thence due north to the
(f) Weymouth Fore River, in vicinity of point of beginning. [NAD83]
Quincy Yacht Club. A line from the po- (k) Area No. 2 in Hull Bay. That area
sition latitude 421646.9 N. 705712.5 south of Hog Island beginning at lati-
W. to position latitude 421648.8 N. tude 421750.8 N. longitude 705405.1
70575.5 W.; thence to latitude 421631 W.; thence due east to latitude
N. 705623.1 W. to the northerly end of 421750.8 N. longitude 705327.6 W.;
Raccoon Island at position latitude thence due south to latitude 421730.3
421548 N. 705643.4 W.; thence along N. longitude 705327.6 W.; thence due
the western shoreline of Raccoon Is- west to latitude 421730.3 N. longitude
land to the point latitude 421546.4 N. 70545.1 W.; thence due north to the
705655.4 W.; thence to latitude point of beginning. [NAD83]
421543 N. 70575.8 W.; thence along (l) Area No. 3 in Hull Bay. That area
the shoreline to the point of origin. north of Bumkin Island beginning at
[NAD83] position latitude 421722.3 N. longitude
(g) Weymouth Fore River, in vicinity of 70545.1 W.; thence due east to latitude
Wessagussett Yacht Club. Southwesterly 421722.3 N. longitude 705315.6 W.;
of a line bearing 117 from channel thence due south to latitude 421701.3
light 4; southeasterly of a line 150 N. longitude 705315.6 W.; thence due
feet from and parallel to the mean- west to latitude 421701.3 N. longitude
dering easterly limit of the dredged 70545.17 W.; thence due north to the
channel; easterly of a line bearing 188 point of beginning. [NAD83].
from the eastern extremity of Rock Is- NOTE TO PARAGRAPHS (j), (k), AND (l): The
land Head; and northwesterly of the areas will be principally for use by yachts
shoreline. and other recreational craft. Temporary
(h) Weymouth Fore River, in the vicin- floats or buoys for marking anchors will be
allowed. Fixed mooring piles or stakes are
ity of Gull Point (PT). All of the waters
prohibited. The anchoring of vessels and the
bound by the following points begin- placing of temporary moorings is under the
ning at latitude 421505 N., longitude jurisdiction, and at the discretion, of the
705726 W.; thence to latitude 421500 local Harbor Master, Hull, Mass.
N., longitude 705726 W.; thence to (m) Hingham Harbor Area 1. Beginning
latitude 421515 N., longitude 705650 at position latitude 421539.3 N. lon-
W.; thence to latitude 421518 N., longitude 705322.1 W.; thence to latitude
gitude 705650 W.; thence to the point 421553.8 N. longitude 705330.1 W.;
of the beginning. [NAD83] thence to latitude 421556.3 N. lon-
NOTE TO PARAGRAPH (h): The area is prin- gitude 705321.1 W.; thence to latitude
cipally for use by recreational craft. All an- 421542.3 N. longitude 705313.1 W.;
choring in the area will be under the super- thence to point of beginning. [NAD83]
vision of the local harbor master or such
(n) Hingham Harbor Area 2. Beginning
other authority as may be designated by the
authorities of the Town of Weymouth, Mas- at position latitude 421530.6 N. lon-
sachusetts. All moorings are to be so placed gitude 70530.5 W.; thence to latitude
that no moored vessel will extend beyond the 421530.3 N. longitude 705311.6 W.;
limit of the anchorage area. thence to latitude 421527.8 N. lon-
(i) Weymouth Back River, in vicinity of gitude 705316.1 W.; thence to latitude
Eastern Neck. The cove on the north 421528.8 N. longitude 705329.1 W.;
side of the river lying northerly of a thence to latitude 421535.3 N. lon-
line bearing 26430 from the southwest- gitude 705332.1 W.; thence to latitude
erly corner of the American Agricul- 421536.3 N. longitude 705334.6 W.;
tural Chemical Companys wharf (Brad- thence to latitude 421541.3 N. lon-

leys Wharf) to the shore of Eastern gitude 705332.6.5 W.; thence to lati-
Neck, about 2,200 feet distant. tude 421531.3 N. longitude 705326.1
418
W.; thence to latitude 421531.8 N. lon- thence due east to latitude 421722,
gitude 705301.1 W.; thence to point of longitude 705317.5; thence due south
beginning. [NAD83] to latitude 421701, longitude
(o) Hingham Harbor Area 3. Beginning 705317.5; thence due west to latitude
at latitude 421533.3 N. longitude 421701, longitude 705407; thence due
705259.6 W.; thence to latitude north to the point of beginning.
421533.8 N. longitude 705317.1 W.;
thence to latitude 421535.8 N. lon- NOTE: The areas will be principally for use
by yachts and other recreational craft. Tem-
gitude 705300.1 W.; thence to point of
porary floats or buoys for marking anchors
beginning. [NAD83] will be allowed. Fixed mooring piles or
(p) Hingham Harbor Area 4. Beginning stakes are prohibited. The anchoring of ves-
at position latitude 421447.3 N. lon- sels and the placing of temporary moorings
gitude 705307.6 W.; thence to latitude is under the jurisdiction, and at the discre-
421448.8 N. longitude 70539.6 W.; tion, of the local Harbor Master, Hull, Mass.
thence to latitude 421454.3 N. lon-
[CGFR 68160, 34 FR 392, Jan. 10, 1969; 34 FR
gitude 70536.1 W.; thence to latitude 939, Jan. 22, 1969]
421456.9 N. longitude 705256.6 W.;
thence to point of beginning. [NAD83] 110.32 Hingham Harbor, Hingham,
(q) Hingham Harbor Area 5. Beginning Mass.
at position latitude 421448.3 N. lon-
gitude 705255.1 W.; thence to latitude (a) Area 1. Beginning at latitude
421448.8 N. longitude 70530.1 W.; 421539, longitude 705324; thence to
thence to latitude 421458.3 N. lon- latitude 421553.5, longitude 705332;
gitude 705249.1 W.; thence to latitude thence to latitude 421556, longitude
421453.8 N. longitude 705248.1 W.; 705323; thence to latitude 421542,
thence to point of beginning. [NAD83] longitude 705315; thence to point of
NOTE TO PARAGRAPHS (m), (n), (o), (p) AND beginning.
(q): The areas will be principally for use by (b) Area 2. Beginning at latitude
yachts and other recreational craft. Tem- 421530, longitude 705302.5; thence to
porary floats or buoys for marking anchors latitude 421530, longitude 705313.5;
will be allowed in the areas but fixed piles or thence to latitude 421527.5, longitude
stakes may not be placed. The anchoring of
vessels and the placing of moorings will be
705318; thence to latitude 421528.5,
under the jurisdiction of the local Harbor longitude 705331; thence to latitude
Master. 421535, longitude 705334; thence to
latitude 421536, longitude 705336.5;
[USCG20090416, 74 FR 27439, June 10, 2009]
thence to latitude 421541, longitude
110.31 Hull Bay and Allerton Harbor 705334.5; thence to latitude 421531,
at Hull, Mass. longitude 705328; thence to latitude
(a) Area No. 1 in Allerton Harbor. That 421531.5, longitude 705303; thence to
area north of Hog Island beginning at point of beginning.
latitude 421815, longitude 705346; (c) Area 3. Beginning at latitude
thence due east to latitude 421815, 421533, longitude 705301.5; thence to
longitude 705329.5; thence due south latitude 421533.5, longitude 705319;
to latitude 421807.5, longitude thence to latitude 421535.5, longitude
705329.5; thence due west to latitude 705302; thence to point of beginning.
421807.5, longitude 705346; thence (d) Area 4. Beginning at latitude
due north to the point of beginning. 421447, longitude 705309.5; thence to
(b) Area No. 2 in Hull Bay. That area latitude 421448.5, longitude 705311.5;
south of Hog Island beginning at lati- thence to latitude 421454, longitude
tude 421750.5, longitude 705407; 705308; thence to latitude 421456.5,
thence due east to latitude 421750.5, longitude 705258.5; thence to point of
longitude 705329.5; thence due south beginning.
to latitude 421730, longitude (e) Area 5. Beginning at latitude
705329.5; thence due west to latitude 421448, longitude 705257; thence to
421730, longitude 705407; thence due latitude 421448.5, longitude 705302;
north to the point of beginning. thence to latitude 421458, longitude
(c) Area No. 3 in Hull Bay. That area 705251; thence to latitude 421453.5,
north of Bumkin Island beginning at longitude 705250; thence to point of
latitude 421722, longitude 705407; beginning.
419
110.37 33 CFR Ch. I (7110 Edition)
NOTE: The areas will be principally for use line and of a line bearing due north
by yachts and other recreational craft. Tem- from the northernmost point of Onset
Island.
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
110.45a Mattapoisett Harbor,
under the jurisdiction of the local Harbor Mattapoisett, Mass.
Master. (a) Area No. 1 beginning at a point on
[CGFR 6889, 33 FR 11077, Aug. 3, 1968] the shore at latitude 413923 N., lon-
gitude 704850 W.; thence 138.5 T. to
110.37 Sesuit Harbor, Dennis, Mass. latitude 413845 N., longitude 704802
All the waters of Sesuit Harbor W.; thence 031 T. to latitude 413902
southerly of a line extending between N., longitude 704748 W.; thence along
the outer end of the jetties on each side the shore to the point of beginning.
of the entrance to the Harbor. (b) Area No. 2 beginning at a point on
NOTE: The area will be principally for use the shore at latitude 413924 N., lon-
by yachts and other recreational craft. Tem- gitude 704902 W.; thence 142.5 T. to
porary floats or buoys for marking anchors latitude 413810 N., longitude 704745
will be allowed. Fixed mooring piles of W.; thence 219 T. to latitude 413754
stakes will be prohibited. The anchoring of N., longitude 704802 W.; thence along
vessels and the placing of temporary moor- the shore to the point of beginning.
ings will be under the jurisdiction and at the
discretion of the local Harbor Master. NOTE: Administration of the Special An-
chorage Area is exercised by the
110.38 Edgartown Harbor, Mass. Harbormaster, Town of Mattapoisett pursu-
An area in the inner harbor easterly ant to a local ordinance. The town of
Mattapoisett will install and maintain suit-
of the project channel and south of
able navigational aids to mark the perimeter
Chappaquiddick Point bounded as fol- of the anchorage area.
lows: Beginning at latitude 412319,
longitude 703032; thence southeast- [CGD 832R, 49 FR 25445, June 21, 1984; 49 FR
erly along the shore to latitude 27320, July 3, 1984]
412252, longitude 703012; thence
28730 1,600 feet; thence 32730, 700 feet; 110.46 Newport Harbor, Newport, R.I.
thence 359 true, 800 feet; thence 2415 (a) Area No. 1. The waters of Brenton
approximately 900 feet to the point of Cove south of a line extending from
beginning. latitude 412850 N., longitude 711858
NOTE: The area is reserved for yachts and W.; to latitude 412845 N., longitude
other small recreational craft. Fore and aft 712008 W.; thence along the shoreline
moorings and temporary floats or buoys for to the point of beginning.
marking anchors in place will be allowed. All (b) Area No. 2. The waters east of
moorings shall be so placed that no vessel Goat Island beginning at a point bear-
when anchored shall extend into waters be-
ing 090, 245 yards from Goat Island
yond the limits of the area. Fixed mooring
piles or stakes are prohibited. Shoal Light; thence 007, 505 yards;
thence 054, 90 yards; thence 086, 330
110.40 Silver Beach Harbor, North yards; thence 122, 90 yards; thence 179,
Falmouth, Mass. 290 yards; thence 228, 380 yards; thence
All the waters of the harbor north- 270, 250 yards to the point of begin-
ward of the inner end of the entrance ning.
channel. (c) Area No. 3. The waters north of
Goat Island Causeway Bridge beginning
110.45 Onset Bay, Mass. at Newport Harbor Light; thence 023
Northerly of a line extending from to the southwest corner of Anchorage
the northernmost point of Onset Island E; thence 081 following the southerly
to the easternmost point of Wickets Is- boundary of Anchorage E to the shore-
land; easterly of a line extending from line; thence south along the shoreline
the easternmost point of Wickets Is- to the east foot of the Goat Island
Causeway bridge; thence west following
land to the southwest extremity of

Point Independence; southerly of the Goat Island Causeway Bridge to the
shore line; and westerly of the shore shoreline of Goat Island; thence north
420
Coast Guard, DHS 110.50b
following the east shore of Goat Island latitude 412010.7; thence along the
to the point of beginning. shoreline to the point of beginning.
[CGD 76104, 44 FR 21792, Apr. 12, 1979] NOTE: A fixed mooring stake or pile is pro-
hibited. The General Statutes of the State of
110.47 Little Narragansett Bay, Connecticut authorizes the Harbor Master of
Watch Hill, R.I. Stonington to station and control a vessel in
the harbor.
All of the navigable waters of Watch
[CGFR 68164, 34 FR 1380, Jan. 29, 1969]
Hill Cove southeasterly of a line begin-
ning at the shore end of the United 110.50a Fishers Island Sound,
States project groin on the southerly Stonington, Conn.
shore of the cove and running 4130
An area on the east side of Mason Is-
true, to the northerly shore of the cove
land bounded as follows:
at a point about 200 feet west of the
Beginning at the shore line on the
west side of the shore end of Meadow
easterly side of Mason Island at lati-
Lane, with the exception of a 100-foot
tude 412006; thence due east about 600
wide channel running from the west-
feet to latitude 412006, longitude
erly end of the cove in a southeasterly
715737; thence due south about 2,400
direction to the Watch Hill Yacht Club feet to latitude 411942, longitude
pier, thence along in front of the piers 715737; thence due west about 1,000
on the easterly side of the cove north- feet to the shore line on the easterly
erly to the shore at the north end of side of Mason Island at latitude
the cove. 411942; thence along the shore line to
110.48 Thompson Cove on east side of
Pawcatuck River below Westerly, NOTE: The area will be principally for use
R.I. by yachts and other recreational craft. Tem-
Eastward of a line extending from will be allowed. Fixed mooring piles or
the channelward end of Thompson stakes will be prohibited. The anchoring of
Dock at the northern end of Thompson vessels and the placing of temporary moor-
Cove 184 to the shore at the southern ings will be under the jurisdiction and the
end of Thompson Cove. discretion of the local Harbor Master.
110.50 Stonington Harbor, Conn. 110.50b Mystic Harbor, Groton and

Stonington, Conn.
(a) Area No. 1. Beginning at the
southeastern tip of Wamphassuc Point; (a) Area No. 1. Beginning at Ram
thence to the northwesterly end of Point on the westerly side of Mason Is-
Stonington Inner Breakwater; thence land at latitude 411944, longitude
along the breakwater to longitude 715842; thence to latitude 411930,
715450.5; thence to latitude 412025.3, longitude 715843; thence to latitude
longitude 715450.5; thence to a point 411936, longitude 715858; thence to
on the shoreline at latitude 412032, latitude 411945, longitude 715856;
longitude 715454.8; thence along the thence to the point of beginning.
(b) Area No. 2. Beginning at a point
shoreline to the point of beginning.
about 250 feet southerly of Area 1 and
(b) Area No. 2. Beginning at a point
on line with the easterly limit of Area
on the shoreline at latitude 411955.8,
1 at latitude 411927, longitude
longitude 715428.9; thence to latitude
715844; thence to latitude 411919,
411955.8, longitude 715437.1; thence longitude 715845; thence to latitude
to latitude 412001.6, longitude 411925, longitude 715859; thence to
715438.8; thence to a point on the latitude 411933, longitude 715858;
shoreline at latitude 412002, longitude thence to the point of beginning.
715434.3; thence along the shoreline
to the point of beginning. NOTE: The areas will be principally for use
(c) Area No. 3. Beginning at a point by yachts and other recreational craft. Tem-
on the shoreline at latitude 412029.5,
will be allowed. Fixed mooring piles or
longitude 715443; thence to latitude stakes are prohibited. All moorings shall be
412025.6, longitude 715448.5; thence so placed that no vessel, when anchored,

to latitude 412010.7, longitude shall at any time extend beyond the limits of
715448.5; thence to the shoreline at the areas. The anchoring of vessels and the
421
110.50c 33 CFR Ch. I (7110 Edition)
placing of temporary moorings will be under cretion of the local harbor master,
the jurisdiction and at the discretion of the Noank, Conn.
local Harbor Master.
[CGFR 683, 33 FR 4738, Mar. 20, 1968]
110.50c Mumford Cove, Groton,
Conn. 110.51 Groton, Conn.
(a) Area No. 1. Beginning at a point The waters between an unnamed cove
and Pine Island.
on the easterly shore of Mumford Cove
(a) Beginning at a point on the shore-
at latitude 411936, longitude 720106;
line of Avery Point at latitude
thence to latitude 411930, longitude 411901.4, longitude 0720342.8; thence
720104; thence to the shoreline at to a point in the cove at latitude
latitude 411931, longitude 720100; 411902.5, longitude 720336.2; thence
and thence along the shoreline to the southeasterly to a point at latitude
point of beginning. 411856.2, longitude 0720334.2; thence
(b) Area No. 2. Beginning at a point northeasterly to latitude 411902.5,
on the easterly shore of Mumford Cove longitude 0720319.2 thence termi-
at latitude 411915, longitude 720054; nating at the tip of Jupiter Point at
thence to latitude 411914.5, longitude latitude 411904.4, longitude
720059; thence to latitude 411911, 0720319.7. DATUM: NAD 83
longitude 720058; thence to latitude (b) Beginning at a point on the shore-
411910, longitude 720054; thence to line of Pine Island at latitude
latitude 411912.5, longitude 720052; 411847.1, longitude 0720336.8; thence
thence to latitude 411914, longitude northerly to latitude 411854.1, lon-
720055; and thence to the point of be- gitude 0720335.4; thence northeasterly
ginning. to a point at latitude 411901.2, lon-
gitude 0720319.3; thence terminating
NOTE: The areas are principally for use by at a point at latitude 411854.0, lon-
yachts and other recreational craft. Tem-
gitude 0720317.5. DATUM: NAD 83
will be allowed. Fixed mooring piles or NOTE: The areas designated by (a) and (b)
stakes will be prohibited. The anchoring of are principally for the use of recreational
vessels and placing of temporary moorings vessels. Vessels shall be anchored so that
will be under the jurisdiction, and at the dis- part of the vessel obstructs the 135 foot wide
cretion, of the local Harbor Master. channel. Temporary floats or buoys for
marking the location of the anchor of a ves-
110.50d Mystic Harbor, Noank, Conn. sel at anchor may be used. Fixed mooring
pilings or stakes are prohibited.
(a) The area comprises that portion
of the harbor off the easterly side of [CGD0197014, 63 FR 34815, June 26, 1998]
Morgan Point beginning at a point at 110.52 Thames River, New London,
latitude 411915, longitude 715913.5; Conn.
(a) Area No. 1. An area in the westerly
715900; thence to latitude 411902.5,
part of Greens Harbor bounded as fol-
longitude 715900; thence to latitude
lows: Beginning at a point on the shore
411906, longitude 715913.5; and
100 yards southeasterly of the south-
thence to the point of beginning.
erly side of Thames Street extended;
(b) The following requirements shall thence 84, 420 yards; thence 156, 425
govern this special anchorage area: yards; thence 240, 210 yards, to the
(1) The area will be principally for shore; and thence northwesterly along
use by yachts and other recreational the shore to the point of beginning.
craft. (b) Area No. 2. An area in the westerly
(2) Temporary floats or buoys for part of Greens Harbor bounded as fol-
marking anchors will be allowed but lows: Beginning at a point on the shore
fixed piles or stakes are prohibited. All 15 yards southeasterly of the southerly
moorings shall be so placed that no side of Converse Place extended; thence
vessel, when anchored, shall extend be- 54, 170 yards; thence 11430, 550 yards;
yond the limits of the area. thence 26630, 250 yards; thence 234, 230
(3) The anchoring of vessels and the yards, to the shore; and thence north-
placing of temporary moorings shall be westerly along the shore to the point of
under the jurisdiction and at the dis- beginning.
422
(c) Area No. 3. An area on the west- 110.54 Long Island Sound, on west
erly side of the Thames River in the vi- side of entrance to Pataguanset
cinity of Jacobs Rock, the location of River, Conn.
the U.S. Coast Guard Academy Sailing An area east of Giants Neck (for-
Center, bounded as follows: Beginning merly known as Grant Neck) described
at the point on the shore where the as follows: Beginning at a point bear-
north side of the Jacobs Rock cause- ing 114, 75 feet, from the outer end of
way meets the western shoreline; the breakwater at the south end of Gi-
thence northerly along the western ants Neck; thence 90, 1,050 feet; thence
shore of the Thames River a distance of 221730, 2,140 feet; thence 283- 2715.5,
200 yards: thence 090, 240 yards; thence 240 feet; thence 2203639, 1,252.6 feet;
180, 200 yards to the Jacobs Rock thence 2952316.5, 326.5 feet; thence
causeway; thence westerly along the 2690242.6, 240 feet; thence 2614650.9,
causeway to the point of beginning. 181.9 feet; thence 2262807.7, 275.9 feet;
(d) Area No. 4. An area in the western thence 1474327.7, 449.4 feet; thence
part of the Thames River, north of the 2380135.8, 379.6 feet; and thence ap-
highway bridge, bounded as follows: proximately 1563105.8, 462.11 feet, to
Beginning at a point 125 yards north of the point of beginning.
the highway bridge at latitude 412156
N., longitude 720532 W.; thence eas- 110.55 Connecticut River, Conn.
terly to latitude 412156 N., longitude (a) West of Calves Island at Old
720527 W.; thence northerly to lati- Saybrook. Beginning at a point bearing
tude 412212 N., longitude 720527 W.; 2540916, 153 yards, from Calves Island
thence westerly to latitude 412212 N., 20 Light; thence 157, 1,037 yards;
longitude 720547 W.; thence south- thence 175, 150 yards; thence 265, 250
easterly to latitude 412202 N., lon- yards; thence 350, 660 yards; thence
gitude 720540 W.; thence downriver 337, 460 yards; and thence approxi-
along the charted foul grounds to the mately 67, 135 yards, to the point of
point of beginning. beginning.
(a1) Area No. 1, at Essex. Beginning
NOTE: The area designated by paragraph (c)
of this section is principally for the use of
at a point on the shore on the west side
U.S. Coast Guard Academy and Academy-re- of Haydens Point bearing approxi-
lated boats. Temporary floats or buoys for mately 211, 270 yards, from Haydens
marking anchors may be used. The anchor- Point Light; thence 270, 160 yards;
ing of vessels and the placing of moorings thence due north, 140 yards; thence
will be under the jurisdiction and at the dis- 300, 190 yards; thence 330, 400 yards;
cretion of the Chief, Waterfront Branch, U.S. thence 90, 60 yards; thence 150, 350
Coast Guard Academy, New London, Con- yards; thence 120, about 434 yards to a
necticut.
point on the shore; thence along the
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as shore southwesterly to the point of be-
amended by CGD38437, 49 FR 36840, Sept. 20, ginning.
1984; CGD3 8567, 51 FR 32317, Sept. 11, 1986] (b) Area No. 2, at Essex. Beginning at
a point latitude 412122, longitude
110.53 Niantic, Conn.
722253; thence 20530, 375 yards;
Beginning on the shoreline at lati- thence 19431, 100 yards; thence 18500,
tude 411825.3, longitude 721216.3; 440 yards; thence 15330, 80 yards;
thence to latitude 411823.3, longitude thence 12100, 220 yards; thence due
721211.6; thence to latitude 411850.7, north approximately 1060 yards to the
longitude 721151.5; thence to the point of beginning.
shoreline at latitude 411856.5, lon-
NOTE: The area will be principally for use
gitude 721205.6; thence along the
by yachts and other recreational craft. Tem-
shoreline to the point of beginning. porary floats or buoys for marking anchors
NOTE: This area is for public use, prin- will be allowed. Fixed mooring piles or
cipally for vessels used for a recreational stakes are prohibited. The anchoring of ves-
purpose. A temporary float or buoy for sels and the placing of temporary moorings
marking the location of the anchor of a ves- will be under the jurisdiction and at the dis-
sel at anchor may be used. Fixed mooring cretion of the local Harbor Master.
piles or stakes are prohibited. (c) West of Brockway Island at Essex.

[CGFR 6924, 34 FR 6480, Apr. 15, 1969] That portion of the waters northwest
423
110.55 33 CFR Ch. I (7110 Edition)
of a line ranging 238 from latitude (e) Area No. 2, at Lord Island. Begin-
412220.7, longitude 722249.8 to the ning at latitude 412611, longitude
shoreline; southwest of a line con- 722716; thence extending south south-
necting a point at latitude 412220.7, easterly to latitude 412603, longitude
longitude 722249.8 and a point at lati- 722702; thence extending southeast-
tude 412228.2, longitude 722256; and erly to latitude 412559, longitude
southeast of a line ranging 238 from 722651; thence extending southwest-
latitude 412228.2, longitude 722256 to erly to latitude 412558, longitude
the shoreline. 722652; thence extending northwest-
NOTE: This area is principally for vessels
erly to latitude 412605, longitude
used for a recreational purpose. A mooring 722711; thence extending north north-
buoy is permitted. Fixed mooring piles or westerly to latitude 412610, longitude
stakes are prohibited. 722720; thence extending easterly to
(d) Upper Bay(1) Anchorage No. 20A.
(i) All waters bound by the following NOTE: The areas designated by paragraphs
points: latitude 404206.9 N., longitude (d) and (e) of this section are principally for
0740218.0 W.; thence to latitude use by yachts and other recreational craft.
Fore and aft moorings will be allowed. Tem-
404205.4 N., longitude 0740156.9 W.;
thence to latitude 404154.9 N., lon- in place will be allowed. Fixed mooring piles
gitude 0740157.7 W.; thence to latitude or stakes are prohibited. All moorings shall
404154.0 N., longitude 0740212.0 W.; be so placed that no vessel, when anchored,
thence to latitude 404154.4 N., lon- shall at any time extend beyond the limits of
gitude 0740211.7 W.; thence to latitude the areas. The anchoring of vessels and plac-
404157.5 N., longitude 0740207.5 W.; ing of mooring floats or buoys will be under
thence to latitude 404206.1 N., lon- the jurisdiction, and at the discretion of the
local Harbor Master. Area 2 will not be used
gitude 0740219.1 W.; thence to the during the shad fishing season.
point of origin (NAD 83).
(ii) See 33 CFR 110.155(d)(6), (d)(16), (e1) Area No. 1 at Chester. Beginning
and (l). at a point about 600 feet southeasterly
(2) Anchorage No. 20B. (i) All waters of the entrance of Chester Creek, at
bound by the following points: latitude latitude 412423, longitude 722541;
404146.2 N., longitude 0740223.0 W.; thence due south about 1,800 feet to
thence to latitude 404142.4 N., lon- latitude 412405, longitude 722541;
gitude 0740200.5 W.; thence to latitude thence due east about 600 feet to lati-
404135.7 N., longitude 0740202.7 W.; tude 412405, longitude 722532; thence
thence to latitude 404130.3 N., lon- due north about 1,800 feet to latitude
gitude 0740206.3 W.; thence to latitude 412423, longitude 722532; thence due
404141.9 N., longitude 0740229.2 W.; west about 600 feet to the point of be-
thence to the point of origin (NAD 83). ginning.
(ii) See 33 CFR 110.155(d)(6), (d)(16),
NOTE: The area is principally for use by
and (l). yachts and other recreational craft. A moor-
(3) Anchorage No. 20C. (i) All waters ing buoy is allowed. Fixed mooring piles or
bound by the following points: latitude stakes are prohibited.
404142.4 N., longitude 0740241.5 W.;
thence to latitude 404125.8 N., lon- (e2) Area No. 2 at Chester. That area
gitude 0740209.2 W.; thence to latitude south of latitude 412443.9, west of lon-
404102.1 N., longitude 0740224.7 W.; gitude 722535, north of latitude
thence to latitude 404109.4 N., lon- 412433.4, and east of longitude
gitude 0740240.0 W.; thence to latitude 722540.8.
404113.3 N., longitude 0740241.5 W.; NOTE: Area No. 2 may not be used during
thence to latitude 404115.8 N., lon- the shad fishing season, April 1 to June 15,
gitude 0740232.6 W.; thence to latitude inclusive. A mooring buoy is permitted at
404125.3 N., longitude 0740229.1 W.; other times. Fixed mooring piles or stakes
are prohibited.
thence to latitude 404133.0 N., lon-
gitude 0740244.5 W.; thence to latitude (f) Vicinity of Mouse Island Bar below
404132.5 N., longitude 0740248.8 W.; Portland. On the north side of the river
thence to the point of origin (NAD 83). shoreward of lines described as follows:
(ii) See 33 CFR 110.155(d)(6), (d)(16), (1) Beginning at a point bearing 02, 175
and (l). yards, from Mouse Island 73 Light;
424
thence 270, 480 yards; and thence due Chart No. 12368 (formerly C and GS
north, approximately 230 yards, to the Chart No. 221) issued by National Oce-
shore. (2) Beginning at the said point anic and Atmospheric Administration,
bearing 02, 175 yards, from Mouse Is- U.S. Department of Commerce.
land 73 Light; thence 70, 400 yards; and NOTE: Under an Act of the Connecticut
thence 350, approximately 250 yards, to State Legislature the harbor superintendent,
the shore. appointed by the Five Mile River Commis-
(g) Area at Portland. Beginning at a sion, may control moorings and navigation
point on the shore, about 700 feet including preventing vessels from anchoring
southeasterly from the easterly end of in the Federal project channel.
the New York, New Haven and Hartford [CGD 7644, 41 FR 40467, Sept. 20, 1976]
Railroad Company bridge, at latitude
413355, longitude 723843; thence 250 110.56 Noroton Harbor, Darien,
to latitude 413354, longitude 723846; Conn.
thence 160 to latitude 413348, lon- (a) Beginning at a point on the south-
gitude 723843; thence 145 to latitude westerly side of Long Neck Point at
413344, longitude 723839; thence 55 latitude 410210, longitude 732844;
to a point on the shore at latitude thence northwesterly to latitude
413347, longitude 723832; thence 410217, longitude 732911; thence in a
along the shore to the point of begin- north-northwesterly direction to the
ning. southeast side of Pratt Island at lati-
tude 410228, longitude 732917; thence
NOTE: The area will be principally for use
by yachts and other recreational craft. Tem- following the shoreline around the eas-
porary floats or buoys for marking anchors terly and northerly sides of Pratt Is-
will be allowed. Fixed mooring piles or land, the westerly and northerly sides
stakes are prohibited. All moorings shall be of Pratt Cove, and the westerly side of
so placed that no vessel, when anchored, the Darien River to the causeway and
shall at any time extend beyond the limit of dam at Gorham Pond on the north;
the area or closer than 50 feet to the Federal thence along the downstream side of
channel limit. The anchoring of vessels and the causeway and dam to the easterly
the placing of temporary moorings will be
under the jurisdiction, and at the discretion
side of the Darien River, thence along
of the local Harbor Master. the easterly shoreline to the point of
beginning.
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGFR 68137, 33 FR 18279, Dec. NOTE: An ordinance of the town of Darien,
10, 1968; CGFR 68139, 33 FR 18437, Dec. 12, Conn. requires the Darien Harbor Masters
1968; USCG20090416, 74 FR 27440, June 10, approval of the location and type of any
2009] mooring placed in this special anchorage
area.
110.55a Five Mile River, Norwalk and [CGFR 68122, 33 FR 18238, Dec. 7, 1968]
Darien, Conn.
The water area of the Five Mile River 110.58 Cos Cob Harbor, Greenwich,
beginning at a point on the southeast Conn.
shore of Butler Island at latitude (a) Area A. Beginning at the mean
410327.5 N., longitude 732652 W.; low water line about 2,800 feet down-
thence following the shoreline north- stream from the easterly end of the
erly along the westerly side of Five New York, New Haven and Hartford
Mile River to the highway bridge at Railroad Bridge at latitude 410123,
Route 136 (White Bridge); thence eas- longitude 733540; thence extending
terly along the southerly side of the True west to latitude 410123, lon-
highway bridge to the easterly side of gitude 733542; thence extending
Five Mile River; thence following the southwesterly to a point at latitude
shoreline southerly along the easterly 410102, longitude 733550; thence
side of Five Mile River to a point on True east to a point on the shoreline at
the southwest shore at Rowayton at latitude 410102, longitude 733548;
latitude 410330 N., longitude 732647 thence extending along the mean low
W., thence 242 to the point of begin- water line to the point of beginning.
ning, except those areas within the des- (b) Area B. Beginning at the mean
ignated project channel as shown by low water line about 700 feet down-
dotted lines on the Five Mile River on stream from the westerly end of the
425
110.59 33 CFR Ch. I (7110 Edition)
New York, New Haven and Hartford NOTE: The areas designated by paragraphs
Railroad Bridge at latitude 410142, (a), (b), and (c) of this section are principally
longitude 733547; thence True east to for vessels used for a recreational purpose. A
latitude 410142, longitude 733545; vessel shall be anchored so that no part of
the vessel comes within 50 feet of the marked
thence southeasterly to latitude
channel. A temporary float or buoy for
410123, longitude 733544; thence marking the location of the anchor of a ves-
southwesterly to latitude 410104, lon- sel at anchor may be used. Fixed mooring
gitude 733552, thence southwesterly piles or stakes are prohibited.
to latitude 410102, longitude 733555;
thence True west to a point on shore on (d) Cold Spring Harbor. That portion
the northerly side of Goose Island at of the waters of Cold Spring Harbor
latitude 410102, longitude 733600; easterly of a line ranging from the cu-
thence True north to a point at the pola in the extreme inner harbor
mean low water line at latitude through Cold Spring Harbor Light;
410105, longitude 733600; thence southerly of a line ranging from the
along the mean low water line to the southernmost point of an L-shaped pier
point of beginning. off Wawepex Grove through the Clock
NOTE: The areas are principally for use by Tower at Laurelton and northerly of a
yachts and other recreational craft. Tem- line ranging from the outer end of the
porary floats or buoys for marking anchors Socony Mobil Oil Companys pier at
will be allowed. Fixed mooring piles or Cold Spring Harbor through the Clock
stakes are prohibited. The anchoring of ves- Tower at Laurelton, with the exception
sels and placing of temporary moorings will of an area within a 300-foot radius of
be under the jurisdiction, and at the discre-
tion of the local Harbor Master. All moor- the outer end of the Socony Mobil Oil
ings shall be so placed that no moored ves- Companys pier.
sels will extend into the waters beyond the (e) Oyster Bay Harbor, New York. That
limits of the areas or closer than 50 feet to portion of Oyster Bay Harbor adjacent
the Federal channel limits. to the easterly side of Centre Island,
westerly of a line on range with Cold
110.59 Eastern Long Island, NY.
Spring Harbor Light and the Stone
(a) Huntington Harbor. Beginning on House on the end of Plum Point, Cen-
the shoreline at latitude 405419.5, lon- tre Island.
gitude 732607.9; thence to latitude (f) Harbor of Oyster Bay, Oyster Bay,
405419.5, longitude 732602.4; thence New York. The water area north of the
along the eastern shoreline to the Mill town of Oyster Bay enclosed by a line
Dam Road Bridge; thence along the beginning on the shoreline at latitude
downstream side of the bridge to the 405235.5 N., longitude 733217 W.;
westerly side of Huntington Harbor;
thence to latitude 405259.5 N., lon-
thence along the western shoreline to
gitude 733218 W.; thence to latitude
405300 N., longitude 733053 W.;
(b) Centerport Harbor. Beginning at
thence to latitude 405239 N., lon-
the shoreline at latitude 405400 , lon-
gitude 732255.3; thence to latitude gitude 733054 W.; thence to the shore-
405403.8, longitude 732252.1; thence line at latitude 405225 N., longitude
along the eastern shoreline to the Mill 733118 W.; thence following the shore-
Dam Bridge; thence along the down- line to the point of beginning.
stream side of the bridge to the west- (g) Harbor of Oyster Bay, New York,
erly side of Centerport Harbor; thence Moses Point to Brickyard Point. That
along the western shoreline to the portion of the waters of the Harbor of
point of beginning. Oyster Bay enclosed by a line begin-
(c) Northport Harbor. Beginning on ning at Moses Point on Centre Island
the shoreline at latitude 405425 , lon- at latitude 405311 N., longitude
gitude 732205 ; thence to latitude 733114 W.; thence to latitude 405302
405437.5, longitude 732132.9; thence N., longitude 733122 W.; thence to
along the eastern shoreline to latitude latitude 405302 N., longitude 733200
405333.1, longitude 722128.2; thence W.; thence to Brickyard Point on Cen-
tre Island at 405306 N., longitude
to latitude 405325.8, longitude

732137.7; thence along the shoreline 733200 W.; thence following the shore-
to the point of beginning. line to the point of beginning.
426
NOTE: The anchoring of vessels and place- 405012.0 N, 0734657.3 W; thence to
ment of temporary moorings in anchorage 405031.9 N, 0734618.3 W; thence to
areas described in paragraph (g) of this sec- 405117.0 N, 0734649.9 W; thence to
tion will be under the jurisdiction of the
local Harbormaster appointed in accordance
405119.8 N, 0734651.3 W; thence to
with Article 12 of the Village Ordinance of 405147.0 N, 0734702.5 W; thence to
the Village of Centre Island, New York. 405128.5 N, 0734731.7 W; thence to
405125.1 N, 0734729.9 W; thence along
(h) Coecles Harbor at Shelter Island, the shoreline to the point of origin, ex-
New York. That portion of Coecles Har- cluding the Cable and Pipeline Area be-
bor bounded on the North by a line tween City and Hart Islands.
drawn between the northernmost point
(5) City Island, Western Shore. All wa-
of land at Sungic Point and latitude
ters bound by the following points:
410409 North, longitude 721754 West,
405011.6 N, 0734658.4 W; thence to
thence eastward along the shoreline to
405002.5 N, 0734723.3 W; thence to
the point of origin.
405043.7 N, 0734756.0 W; thence to
(i) West Neck Harbor at Shelter Island,
405115.9 N, 0734736.0 W; thence to
New York. That portion of West Neck
405115.9 N, 0734728.6 W; thence along
Harbor bounded on the North by a line
the shoreline to the point of origin.
drawn between latitude 410248 North,
longitude 722027 West and a point on (6) Eastchester Bay, Western Shore. All
Shell Beach located at latitude 410229 waters shoreward of a line connecting
North, longitude 722059 West; thence the following points: 404931.3 N,
eastward along the shoreline to the 0734826.3 W; thence to 405056.4 N,
point of origin. 0734849.2 W; thence to 405055.3 N,
0734855.4 W; thence along the shore-
[USCG20080179, 73 FR 35009, June 19, 2008] line to the point of origin.
(7) Eastchester Bay, Locust Point. All
110.60 Captain of the Port, New York. waters west of a line drawn from
(a) Western Long Island Sound. (1) 404856.3 N, 0734756.2 W to 404834.4
Glen Island. All waters surrounding N, 0734756.2 W.
Glen Island bound by the following (8) Manhasset Bay, Plum Point. All
points: 405253.1 N, 0734658.9 W; waters bound by the following points:
thence to 405246.6 N, 0734702.7 W; 405002.9 N, 0734337.3 W; thence to
thence to a line drawn from 405324.4 405006.6 N, 0734251.0 W; thence to
N, 0734656.7 W to 405320.6 N, 405018.6 N, 0734251.0 W; thence along
0734651.2 W, excluding all waters the shoreline to the point of origin; ex-
within 25 feet of the 50-foot channel cluding the seaplane restricted area de-
west and south of Glen Island. scribed in 162.
(2) Echo Bay. All waters northwest of (9) Manhasset Bay, Toms Point. All
a line drawn from 405410.0 N, waters bound by the following points:
0734552.9 W to 405425.0 N, 0734538.4 405020.6 N, 0734249.5 W; thence to
W. 405005.3 N, 0734249.4 W; thence to
NOTE TO PARAGRAPH (a)(2): An ordinance of 404958.6 N, 0734239.0 W; thence to
the Town of New Rochelle NY requires a per- 404948.9 N, 0734255.6 W; thence to
mit from the New Rochelle Harbor Master or 404949.3 N, 0734220.4 W; thence to
the New Rochelle Superintendent of Bureau 405002.5 N, 0734214.2 W; thence to
of Marinas, Docks and Harbors before any 405011.8 N, 0734215.4 W; thence along
mooring is placed in this special anchorage the shoreline to the point of origin.
area.
(10) Manhasset Bay, at Port Wash-
(3) Glen Island, East. All waters east ington. All waters bound by the fol-
of Glen Island, bound by the following lowing points: 404944.9 N, 0734211.3
points: 405301.4 N, 0734651.4 W; W; thence to 404944.3 N, 0734303.2 W;
thence to 405303.1 N, 0734644.4 W; thence to 404906.8 N, 0734246.6 W;
thence to 405315.0 N, 0734644.0 W; thence along the shoreline to the point
thence along the shoreline to the point of origin.
of origin. (11) Manhasset Bay, West Shore. All

(4) City Island, Eastern Shore. All wa- waters bound by the following points:
ters bound by the following points: 404924.6 N, 0734340.2 W; thence to
427
110.60 33 CFR Ch. I (7110 Edition)
404933.2 N, 0734328.3 W; thence to thence to 404646.1 N, 0735058.6 W;

404943.8 N, 0734353.5 W; thence to thence along the shoreline to the point
404939.2 N, 0734357.9 W; thence along of origin.
the shoreline to the point of origin. (3) Flushing Bay, Cape Ruth. All wa-
(12) Manhasset Bay, Plandome. All waters bound by the following points:
ters bound by the following points: 404639.9 N, 0735056.1 W; thence to
404841.6 N, 07342.31.7 W; thence to 404629.2 N, 0735114.3 W; thence to
404843.6 N, 0734242.5 W; thence to 404612.3 N, 0735104.3 W; thence to
404829.0 N, 0734244.4 W; thence to 404615.2 N, 0735055.2 W; thence along
404827.3 N, 0734235.6 W; thence along the shoreline to the point of origin.
the shoreline to the point of origin. (4) Flushing Bay, Southeast Area. All
(13) Elm Point. All waters bound by waters south of a line drawn from
the following points: 404901.0 N, 404541.4 N, 0735057.2 W to 404551.7
0734541.9 W; thence to 404904.4 N, N, 0735034.2 W.
0734545.3 W; thence to 404913.8 N,
(5) Flushing Bay, Southwest Area. All
0734538.7 W; thence to 404918.9 N,
waters bound by the following points:
0734528.3 W; thence to 404908.9 N,
404536.7 N, 0735116.3 W; thence to
404548.5 N, 0735058.4 W; thence to
line to the point of origin.
404551.3 N, 0735059.2 W; thence to
NOTE TO PARAGRAPH (a)(13): Temporary
floats or buoys for marking anchors in place 404549.4 N, 0735107.5 W; thence to
are allowed. Fixed mooring piles or stakes 404558.7 N, 0735113.4 W; thence to
are prohibited. An ordinance of the village of 404602.1 N, 0735120.1 W; thence to
Kings Point regulates mooring and anchor- 404554.8 N, 0735128.7 W; thence to
ing in the area which includes this special 404546.2 N, 0735135.3 W; thence
anchorage area. northward along the shoreline and
(14) Little Neck Bay. All waters east of breakwater to the point of origin.
a line drawn from 404739.4 N, (6) Flushing Bay, West Area. All wa-
07346.27.1 W; thence to 404836.6 N, ters bound by the following points:
0734558.5 W; thence to 404836.4 N, 404651.1 N, 0735207.3 W; thence to
07345.48.4 W; thence along the shore- 404711.2 N, 0735147.1 W; thence to
line to the point of origin. 404701.9 N, 0735139.6 W; thence to
(15) Hempstead Harbor, Mosquito Neck. 404628.3 N, 0735120.0 W; thence to
All waters bound by the following the point of origin.
points: 405143.0 N, 0733937.1 W; NOTE TO PARAGRAPHS (b)(5) AND (6): The an-
thence to 405109.4 N, 0733932.4 W; choring of vessels and placing of temporary
thence to 405114.6 N, 0733908.9 W; moorings in anchorage areas described in
thence to 405120.0 N, 0733856.1 W; paragraphs (b)(5) and (b)(6) of this section
thence along the shoreline and break- will be under the jurisdiction, and at the dis-
water to the point of origin. cretion of the local Harbor Master appointed
(16) Hempstead Harbor, Sea Cliff. All by the City of New York.
waters bound by the following points: (7) Bowery Bay. All waters bound by
405116.7 N, 0733851.9 W; thence to the following points: 404658.4 N,
405112.9 N, 0733907.2 W; thence to 0735344.1 W; thence to 404703.3 N,
405022.0 N, 0733910.2 W; thence along 0735329.8 W; thence to 404659.9 N,
the shoreline to the point of origin. 0735334.2 W; thence to 404658.5 N,
(b) East River and Flushing Bay. (l) 0735335.8 W; thence to 404657.1 N,
Flushing Bay, College Point North. All 0735333.8 W; thence to 404655.9 N,
waters bound by the following points: 0735335.2 W; thence to 404658.2 N,
404710.3 N, 0735134.0 W; thence to 0735341.4 W; thence along the shore-
404709.1 N, 0735132.6 W; thence along line and pier to the point of origin.
the shoreline to the point of origin. (c) Hudson River. (1) Yonkers,
(2) Flushing Bay, College Point South. Greystone Station. All waters bound by
All waters bound by the following the following points: 405819.8 N,
points: 404701.8 N, 0735129.2 W; 0735322.8 W; thence to 405821.1 N,

thence to 404701.8 N, 0735133.2 W; 0735328.7 W; thence to 405842.7 N,
thence to 404631.7 N, 0735115.9 W; 0735320.3 W; thence to 405841.8 N,
428
0735315.4 W; thence along the shore- dinances and to ensure compliance with ad-
line to the point of origin. ditional applicable state and local laws.
(2) Yonkers, North Glenwood. All wa- (7) Hastings-on-Hudson. All waters
ters bound by the following points: bound by the following points:
405753.6 N, 0735328.6 W; thence along 410014.7 N, 0735306.4 W; thence to
the shoreline to the point of origin. 410014.5 N, 0735300.5 W; thence along
(3) Nyack. That portion of the Hudson
River bound by the following points: (8) Tarrytown. All waters bound by
410606.8 N, 0735455.5 W; thence to the following points: 410421.0 N,
0735203.4 W; thence to 410421.0 N,
410606.8 N, 0735418.0 W; thence to
0735211.3 W; thence to 410413.6 N,
410500.0 N, 0735418.0 W; thence to
0735211.0 W; thence to 410413.6 N,
410500.0 N, 0735502.2 W; thence along
the shoreline to the point of origin
(NAD 1983), excluding a fairway in the
(9) West Point. All waters west of a
charted cable area that is marked with
line drawn from 412310.0 N, 0735718.1
buoys.
W to 412323.5 N, 0735711.5 W.
NOTE TO PARAGRAPH (c)(3): The area is prin-
cipally for use by yachts and other rec-
(10) Haverstraw. That portion of the
reational craft. A mooring buoy is per- Hudson River bound by the following
mitted. points: 411125.2 N, 0735719.9 W;
(4) Manhattan, Fort Washington Point. thence to 411134.2 N, 0735700.8 W;
All waters bound by the following thence to 411141.9 N, 0735707.5 W;
points: 405108.1 N, 0735636.7 W; thence to 411131.8 N, 0735726.5 W;
thence to 405208.3 N, 0735556.6 W; thence to the point of origin.
thence along the shoreline to the point (11) Cedar Hill. All waters bound by
of origin. the following points: 423233.1 N,
0734533.1 W; thence to 423233.1 N,
(5) Yonkers, Main Street. All waters
0734528.3 W; thence to 423249.2 N,
bound by the following points 405615.4
0734526.6 W; thence to 423249.3 N,
N, 0735411.2 W; thence to 405616.7 N,
0735420.2 W; thence to 405608.9 N,
0735422.6 W; thence to 405607.9 N,
(d) New York Harbor. (1) Newark Bay,
0735416.9 W; thence to 405607.0 N,
Southeast. All waters bound by the fol-
0735417.3 W.
lowing points: 403927.9 N, 0740807.1
(6) Yonkers, JFK Marina. All waters W; thence to 403931.7 N, 0740813.4 W;
bound by the following points: thence to 403931.4 N, 0740824.6 W;
405707.5 N, 0735406.2 W; thence to thence along the shoreline to the point
405706.0 N, 0735359.5 W; thence along of origin.
the shoreline to the point of origin. (2) Newark Bay, Southwest. All waters
NOTE TO PARAGRAPHS (c)(5) AND (6): The bound by the following points:
areas designated by paragraphs (c)(5) and
403852.1 N, 0740941.1 W; thence to
(c)(6) are limited to vessels no greater than
20 meters in length and is primarily for use 403851.6 N, 0741018.2 W; thence to
by recreational craft on a seasonal or tran- 403851.0 N, 0741036.5 W; thence to
sient basis. These regulations do not prohibit 403916.8 N, 0740956.3 W; thence to
the placement of moorings within the an- 403916.2 N, 0740936.9 W; thence to
chorage area, but requests for the placement the point of origin, excluding there-
of moorings should be directed to the local from the Pipe Line Area.
government to ensure compliance with local (3) Great Kills Harbor. All waters
and state laws. All moorings shall be so
northeast of a line connecting the fol-
placed that no vessel, when anchored, will at
any time extend beyond the limits of the lowing points: 403206.4 N, 0740824.5
area. Fixed mooring piles or stakes are pro- W; thence to 403206.9 N, 0740825.8 W;
hibited. Mariners are encouraged to contact thence to 403219.0 N, 0740821.1 W;
the local harbormaster for any additional or- thence to 403228.1 N, 0740824.3 W;
429
110.65 33 CFR Ch. I (7110 Edition)

thence along the northern and eastern 402715.3 N, 0740745.7 W; thence along
shoreline to the point of origin. the shoreline to the point of origin.
NOTE TO PARAGRAPH (d)(3): The special an- (10) Perth Amboy, NJ. All waters
chorage area is principally for use by yachts bound by the following points:
and other recreational craft. A temporary 403026.00 N, 0741542.00 W; thence to
float or buoy for marking the location of the 403024.29 N, 0741535.20 W; thence to
anchor of a vessel at anchor may be used. 403002.79 N, 0741544.16 W; thence to
Fixed mooring piles or stakes are prohibited.
Vessels shall be anchored so that no part of
402935.70 N, 0741608.88 W; thence to
the vessel comes within 50 feet of the marked 402931.00 N, 0741620.75 W; thence to
channel. 402947.26 N, 0741649.82 W; thence to
(4) Jamaica Bay, Canarsie Beach. All 403002.00 N, 0741641.00 W, thence
waters bound by the following points: along the shoreline to the point of ori-
403722.0 N, 0735343.5 W; thence to gin.
403718.4 N, 0735332.9 W; thence to (i) This area is limited to vessels no
403737.6 N, 0735306.5 W; thence to greater than 20 meters in length and is
403742.9 N, 0735314.4 W; thence along primarily for use by recreational craft
the shoreline to the point of origin. on a seasonal or transient basis. These
(5) Jamaica Bay, East Broad Channel. regulations do not prohibit the place-
All waters bound by the following ment of moorings within the anchorage
points: 403548.5 N, 0734912.5 W; area, but requests for the placement of
thence to 403550.2 N, 0734904.7 W; moorings should be directed to the
thence to 403623.4 N, 0734856.3 W; Raritan Yacht Club Fleet Captain
thence along the shoreline to the point (telephone 7328262277 or VHF Channel
of origin. 9) to ensure compliance with local and
NOTE TO PARAGRAPH (d)(5): The area will be State laws. All moorings shall be so
principally for use by yachts and other rec- placed that no vessel, when anchored,
reational craft. Temporary floats or buoys will at any time extend beyond the
for marking anchors will be allowed. limits of the area. Fixed mooring piles
(6) Sheepshead Bay, West. All waters or stakes are prohibited seaward of the
bound by the following points: pier head line. Mariners are encouraged
403500.0 N, 0735654.8 W; thence to to contact the Raritan Yacht Club
403458.9 N, 0735709.6 W; thence to Fleet Captain for any additional ordi-
403456.6 N, 0735709.1 W; thence to nances or laws and to ensure compli-
403457.5 N, 0735654.4 W; thence to ance with additional applicable State
the point of origin. and local laws.
(7) Sheepshead Bay, North. All waters (ii) [Reserved]
bound by the following points: (e) Datum. All positions are NAD 1983.
403458.5 N, 0735600.5 W; thence to [USCG20080179, 73 FR 35010, June 19, 2008, as
403458.6 N, 0735626.0 W; thence to amended by USCG20080047, 74 FR 46010,
403456.6 N, 0735626.8 W; thence to Sept. 8, 2009; USCG20100351, 75 FR 36282,
403454.8 N, 0735624.8 W; thence to June 25, 2010]
403455.4 N, 0735610.1 W; thence to
403457.9 N, 0735600.5 W; thence to 110.65 Indian River Bay, Del.
the point of origin. Beginning at a point bearing 174, 300
(8) Sheepshead Bay, South. All waters feet, from a point on the southerly
bound by the following points: edge of the project channel 5,500 feet
403454.2 N, 0735601.8 W; thence to westerly from the State highway
403453.6 N, 0735627.2 W; thence to bridge across Indian River Inlet; thence
403455.8 N, 0735643.6 W; thence to 174, 600 feet; thence 264, 800 feet;
403454.5 N, 0735643.6 W; thence to thence 354, 600 feet; and thence 84, 800
403452.0 N, 0735634.0 W; thence to feet, to the point of beginning.
403453.1 N, 0735601.6 W; thence to
the point of origin. 110.67 Delaware River, Essington,
(9) Lower Bay, Point Comfort. All wa- Pa.
ters bound by the following points: North of Little Tinicum Island, be-
402718.5 N, 0740824.5 W; thence to tween the mouth of Darby Creek and
402737.4 N, 0740851.8 W; thence to Jansen Avenue, Essington, bounded as
430
Coast Guard, DHS 110.72a
follows: Beginning at a point (approxi- the eastern shore; thence following the
mately latitude 395131, longitude general line of the shore to the point of
751743 ) on a line in prolongation of beginning.
the westerly line of Jansen Avenue 135
yards southerly from the mean high [CGD 78026, 44 FR 6910, Feb. 5, 1979]
water line; thence 184, 300 yards;
110.71b Wye River, Wye, Md.
thence 27430, 1,700 yards; thence 04,
425 yards; thence 100, 1,225 yards; and The waters of a cove on the western
thence 95, 490 yards, to the point of be- shore of Wye River opposite Drum
ginning. Point enclosed by a line drawn from
110.70 Chesapeake and Delaware W., to latitude 385318 N., longitude
Canal, easterly of Courthouse Point, 761123 W., to latitude 385318 N., lon-
Md.
gitude 761113 W.; thence following the
The waters southerly of a line joining shoreline to the point of beginning.
the northernmost extremity of Court-
house Point and the westernmost point [CGD 78026, 44 FR 6910, Feb. 5, 1979]
of Herring Island; westerly of a line
bearing 180 from a point on the afore- 110.72 Blackhole Creek, Md.
said line 220 yards from the western- The waters on the west side of
most point of Herring Island; and Blackhole Creek, a tributary of Mag-
northerly and easterly of the shoreline. othy River, southwest of a line bearing
31030 from the most northerly tip of
110.70a Northeast River, North East,
Md. an unnamed island located 0.16 mile up-
stream from the mouth of the creek ap-
The water area west of North East proximately 660 feet to the west shore
Heights, Maryland enclosed by a line of the creek; northwest of a line rang-
beginning on the shoreline at latitude ing from the southwesterly tip of the
393426 N., longitude 755718 W.;
island toward the point of land on the
thence westerly to latitude 393426 N.,
west shore of the creek immediately
longitude 755729 W.; thence north-
easterly to latitude 393430 N., lon- southwest thereof; and north of a line
gitude 755727 W.; thence easterly to 100 feet from and parallel to the shore
the shoreline at latitude 393430 N., of the creek to its intersection with
longitude 755718 W.; thence southerly the south property line extended of the
following the shoreline to the point of Potapskut Sailing Association, Inc.,
beginning. thence northwesterly along the said
property line extended to the shore.
[CGD 73189R, 39 FR 5314, Feb. 12, 1974]
110.72a Chester River, southeast of
110.71 Jacobs Nose Cove, Elk River, Chestertown, Md.
Md.
The waters of the Chester River en-
The water area of Jacobs Nose Cove,
on the west side of the mouth of Elk closed by a line beginning at a point on
River, Maryland, comprising the entire the Rolph Marina pier at latitude
cove south of Jacobs Nose as defined by 391025 N., longitude 760217 W.;
the shoreline and a line bearing 046 thence 327 to a point 400 feet south-
226 true across the entrance of the west of the entrance to Hambleton
cove tangent to the shore on both the Creek at latitude 391055 N., longitude
north and south sides. 760240 W.; thence northeasterly to the
eastern side of the entrance to
[CGD 77143, 44 FR 18663, Mar. 29, 1979]
Hambleton Creek; thence southerly fol-
110.71a Cabin Creek, Grasonville, lowing the shoreline to the Rolph
Md. Point Marina pier; thence southwest-
erly along the Rolph Point Marina pier
The waters of Cabin Creek, Mary-
land, enclosed by a line drawn from to the point of beginning.
latitude 385634 N., longitude 761249 [CGD 7310R, 38 FR 33973, Dec. 10, 1973]
W., on the western shore to latitude
385628 N., longitude 761229 W., on
431
110.72aa 33 CFR Ch. I (7110 Edition)
110.72aa Elizabeth River Spectator 110.72d Ashley River anchorage

Vessel Anchorage Areas, between areas, SC.
Norfolk and Portsmouth, Virginia.
The following locations are special
(a) Special Anchorage Areas. (1) The anchorage areas:
waters of the Elizabeth River bounded (a) Ashley River Anchorage 1. The
by the shore and a line drawn between waters lying within an area across the
Hospital Point at latitude Latitude Ashley River Channel from the George
365050.5 North, longitude 761809.0 M. Lockwood Municipal Marina bound-
West, and the tip of the channelside ed by the southwest side of the channel
pier at the Holiday Inn Marina at lati- beginning at latitude 324642.7 N, lon-
tude 365029.5 North, longitude gitude 0795719.3 W; thence to latitude
761752.5 West. 324638.0 N, longitude 0795724.0 W;
(2) The waters of the Elizabeth River thence to latitude 324632.0 N, lon-
adjacent to the Port Norfolk Reach gitude 0795715.5 W; thence to latitude
section of the Elizabeth River, bounded 324629.0 N, longitude 0795700.9 W;
by the shore and a line drawn between thence back to the beginning following
Hospital Point at latitude 365050.55 the southwest boundary of the Ashley
North, longitude 761814.509.0 West, River Channel. All coordinates ref-
and the tip of the southern most rail- erenced use datum: NAD 1983.
road pier at Port Norfolk at latitude (b) Ashley River Anchorage 2. The
365114.5 North, longitude 761844.0 waters lying within an area across the
West. Ashley River Channel from the Ashley
(b) Effective period. These special an- Marina bounded by the southwest side
chorage areas in paragraph (a) of this of the channel beginning at latitude
section are only in effect when the reg- 324653.0 N, longitude 0795734.5 W;
ulations in 100.501 of this title are in thence to latitude 324650.5 N, lon-
effect. gitude 0795740.5 W; thence to latitude
[CGD058812, 53 FR 20320, June 3, 1988] 324646.0 N, longitude 0795734.5 W;
110.72b St. Simons Island, Georgia. gitude 0795728.7 W; thence back to the
beginning following the southwest
The area beginning at a point south-
boundary of the Ashley River Channel.
west of Frederica River Bridge, St. Si-
All coordinates referenced use datum:
mons Island Causeway at latitude
NAD 1983.
310958 N., longitude 812455 W.;
thence southwesterly to latitude [CGD0796017, 61 FR 40994, Aug. 7, 1996; 61 FR
310942 N., longitude 812510 W.; 63715, Dec. 2, 1996]
thence westerly to the shoreline at
latitude 310945 N., longitude 812520 110.73 St. Johns River, Fla.
W.; thence northeasterly along the (a) Area A. The waters lying within
shoreline to latitude 311002 N., lon- an area bounded by a line beginning at
gitude 812500 W.; thence southeast- a point located at the west bank of St.
erly to the point of origin. Johns River at latitude 301511, lon-
gitude 814123; thence to latitude
[CGD 7647, 42 FR 40694, Aug. 11, 1977]
301513, longitude 814114; thence to
110.72c Lake Murray, S.C. latitude 301503, longitude 814111;
(a) The area beginning at the 125 foot 814120; and thence to the point of be-
pier of the Columbia Sailing Club, ap- ginning.
proximately latitude 340351 N., lon- (b) Area B. The waters lying within
gitude 811337 W.; thence 167 to lati-
an area bounded by a line beginning at
tude 340343.6 N., longitude 811339.2
latitude 301503, longitude 814128;
W.; thence easterly to latitude 340345
N., longitude 811332.1 W.; thence 347
to the shoreline, thence along the
longitude 814108; thence to latitude
shoreline to the beginning.

301454.5, longitude 814110.5; and
[CGD 77189, 43 FR 14470, Apr. 6, 1978] thence to the point of beginning.
432
Coast Guard, DHS 110.74b
110.73a Indian River at Sebastian, 271207.811 N, 801538.861 W; thence to

Fla. 271204.584 N, 801541.437 W; thence to
Beginning at a point on the shoreline 271149.005 N, 801544.796 W; thence to
at latitude 274940 N., longitude 271147.99 N, 801544.78 W; thence to
802826 W.; thence 060 to latitude 271142.51 N, 801549.36 W; thence to
274946 N., longitude 802813 W.; 271141.40 N, 801547.70 W; thence to
thence 156 to latitude 274931 N., lon- 271140.44 N, 801544.64 W; thence to
gitude 802805 W.; thence 242 to lati- 271143.49 N, 801540.74 W; thence to
tude 274925 N., longitude 802818 W.; 271146.82 N, 801537.9647 W; thence to
thence northerly along the shoreline to 271147.881 N, 801538.271 W; thence
the point of beginning. back to the original point. All coordi-
nates reference Datum NAD:83.
NOTE: This area is principally for use by
commercial fishing vessels less than 65 feet NOTE: This area is principally used by rec-
in length. reational vessels. The mooring of vessels in
this area is administered by the local
[CGD 74104, 40 FR 2689, Jan. 15, 1975]
Harbormaster, City of Stuart, Florida.
110.73b Indian River at Vero Beach, [CGD0799058, 65 FR 2877, Jan. 19, 2000, as
Fla. amended by CGD0703110, 69 FR 5275, Feb. 4,
(a) Area A. Beginning at a point lo- 2004]
cated on the eastern shore of Fritz Is. 110.74 Marco Island, Marco River,
at latitude 273932.5 N., longitude Fla.
802220.6 W. following the shoreline
northward to the northwest point at Beginning at a point approximately
latitude 273946 N., longitude 300 feet east of the Captains Landing
802225.9 W., thence due east to a point Docks at latitude 255804 N., longitude
on Orchid Is. at approximately latitude 814331 W.; thence 108, 450 feet; thence
273946 N., longitude 802216.2 W., 198, 900 feet; thence 288, 450 feet;
thence southerly along the shoreline of thence 018, 900 feet to the point of be-
Orchid Is. to latitude 273932.5 N., lon- ginning.
gitude 802213.4 W., thence due west to NOTE: The area is principally for use by
the point of beginning. yachts and other recreational craft. Fore and
(b) Area B. Beginning at a point lo- aft moorings will be allowed. Temporary
cated at the entrance channel marker floats or buoys for marking anchors in place
No. 2 at latitude 273912 N., longitude will be allowed. Fixed mooring piles or
802217.3 W., thence northeasterly to stakes are prohibited. All moorings shall be
so placed that no vessel, when anchored,
channel marker No. 4 at latitude shall at any time extend beyond the limits of
273921 N., longitude 802215.8 W., the area.
thence due east to Orchid Is. at ap-
proximately latitude 273921 N., lon- [CGFR 7053A, 35 FR 14506, Sept. 16, 1970]
gitude 802211.8 W., thence southerly
110.74a Manatee River, Bradenton,
along the western shoreline of Orchid Fla.
Is. to latitude 273912 N., longitude
802215.6 W., thence due west to the The waters of the Manatee River en-
point of beginning. closed by a line beginning at latitude
(c) Vessels shall be so anchored so 273118.6 N. longitude 823649.2 W.;
that no part of the vessel obstructs the thence westerly to latitude 273121 N.,
turning basin or channels adjacent to longitude 82377.2 W.; thence north-
the special anchorage areas. westerly to latitude 273122.2 N., lon-
gitude 82378.4 W.; thence northeast-
[CGD78440, 51 FR 395, Jan. 6, 1986] erly to latitude 273125.8 N., longitude
110.73c. Okeechobee Waterway, St. 823700 W.; thence easterly to latitude
Lucie River, Stuart, FL. 273124 N., longitude 823644.4 W.;
The following is a special anchorage
area: Beginning on the Okeechobee In- [CGD 79118, 45 FR 32673, May 19, 1980]
tracoastal Waterway between mile
110.74b Apollo Beach, Fla.
marker 7 and 8 on the St. Lucie River,

bounded by a line beginning at Beginning at a point approximately
271206.583 N, 801533.447 W; thence to 300 feet south of the Tampa Sailing
433
110.74c 33 CFR Ch. I (7110 Edition)
Squadron at latitude 274650.2 N., lon- a 292829 N. 1010226 W.

gitude 822527.8 W.; thence southeast- b 292813 N. 1010203 W.
erly to latitude 274645.6 N., longitude c 292830 N. 1010145 W.
822523.2 W.; thence southwesterly to d 292842 N. 1010200 W.
latitude 274635.8 N., longitude NOTE: The areas will be principally for use
822534.8 W., thence northwesterly to by yachts and other recreational craft. The
latitude 274639.9 N., longitude anchoring of vessels and the placing of tem-
822539.6 W., thence to the point of be- porary moorings will be under the jurisdic-
ginning. tion and at the discretion of the Super-
intendent, Amistad Recreation Area.
[CGD 78003, 45 FR 79031, Nov. 28, 1980]
[CGFR 7012, 35 FR 3807, Feb. 27, 1970]
110.74c Bahia de San Juan, PR.
110.77a Duluth-Superior Harbor, Du-
The waters of San Antonio Channel, luth, Minn.
Bahia de San Juan, eastward of lon-
The area adjacent to Park Point in
gitude 660545 W.
Duluth-Superior Harbor within the fol-
[CGD 78329, 49 FR 48540, Dec. 13, 1984] lowing boundaries: beginning at lati-
tude 464519.3 N., longitude 9204 43
110.75 Corpus Christi Bay, Tex. W.; thence to latitude 464511.7 N., lon-
(a) South area. Southward of the gitude 920501 W.; thence to latitude
southernmost T-head pier at the foot of 464421.2 N., longitude 920415.7 W.;
Cooper Avenue and of a line bearing thence to latitude 464429.4 N., lon-
15644, 340.6 feet, from the southerly gitude 920357.5 W.; thence to the
corner of said pier to a point on the point of beginning.
rubble breakwater; westward and
[CGD 79170, 45 FR 32673, May 19, 1980]
northward of said breakwater; and
eastward of the Corpus Christi sea 110.77b Madeline Island, Wisconsin.
wall.
The waters off of La Pointe Harbor,
110.77 Amistad Reservoir, Tex. Madeline Island, Wisconsin, encom-
passed by the following: starting at
(a) Diablo East, Tex. That portion of
464644.8 N, 0904714.0 W; then south
the Amistad Reservoir enclosed by a
southwesterly to 464635.5 N,
line connecting the following points,
0904717.0 W; then south southeasterly
excluding a 300-foot-wide fairway ex-
to 464627 N, 0904712.8 W; then east
tending northerly from the launching
southeasterly to 464622.6 N,
ramp as established by the Super-
0904658.8 W; then following the shore-
intendent of Amistad Recreation Area:
line back to the starting point (NAD
a 292854 N. 1010110 W.
b 292821 N. 1010108 W.
83).
c 292834 N. 1010032 W. [CGD0903284, 69 FR 32445, June 10, 2004]
d 292854 N. 1010032 W.
(b) Rough Canyon, Tex. That portion 110.78 Sturgeon Bay, Sturgeon Bay,
Wis.
of the Amistad Reservoir enclosed by a
line connecting the following points, (a) Area 1. Beginning at a point bear-
excluding a 300-foot-wide fairway ex- ing 126, 3,000 feet from the fixed green
tending westerly from the launching Sturgeon Bay Canal Leading Light
ramp to the Devils River main channel mounted on the highway bridge; thence
as established by the Superintendent of 120, 1,200 feet, this line being parallel
Amistad Recreation Area: to and 150 feet from the channel edge;
a 293443 N. 1005854 W. thence 222, 500 feet; thence 300, 1,200
b 293405 N. 1005846 W. feet; thence 042, 500 feet to the point of
c 293416 N. 1005820 W. beginning.
d 293427 N. 1005811 W. (b) Area 2. Beginning at a point 160
e 293427 N. 1005836 W. feet from the shoreline and on the east
f 293452 N. 1005835 W.
line of 15th Avenue extended; thence
(c) Laughlin Air Force Base Site, Tex. south 530 feet to a point 100 feet from
That portion of Amistad Reservoir en- the northern edge of the channel;
closed by a line connecting the fol- thence southeasterly 2,350 feet along a
lowing points: line parallel to the northern edge of
434
the channel to a point on the east line gitude 883100 W.; thence to latitude
of 18th Avenue extended, using that 440134 N., longitude 883104 W.;
portion of 18th Avenue that runs in a thence to latitude 440136 N., lon-
true north-south direction perpen- gitude 883108 W.; thence to point of
dicular to Utah Street; thence north beginning.
530 feet along this line of 18th Avenue
extended to a point approximately 400 [CGD 098001, 47 FR 18333, Apr. 29, 1982]
feet from the shoreline; thence north-
westerly 2,350 feet along a line parallel 110.79c Fish Creek Harbor, Fish
Creek, Wisconsin.
to the northern edge of the channel to
the point of beginning. The area within the following bound-
aries: Beginning at latitude 450758 N.,
NOTE: An ordinance of the City of Sturgeon
Bay, Wisconsin, requires moorings to be ap- longitude 871441 W.; thence to lati-
proved by the Harbor Master of the City of tude 450758 N., longitude 871435 W.;
Sturgeon Bay and provides for other regula- thence to latitude 450750 N., lon-
tion of the use of vessels and moorings in gitude 871430 W.; thence to latitude
this area. 450747 N., longitude 871438 W.;
[CGFR 7015A, 35 FR 8823, June 6, 1970, as thence to the point of beginning.
amended by CGFR 7086A, 35 FR 18374, Dec. 3,
1970; CGD9 9229, 58 FR 9543, Feb. 22, 1993] [CGD 098204, 48 FR 11268, Mar. 14, 1983]
110.79a Neenah Harbor, Neenah, Wis. 110.80 Milwaukee Harbor, Mil-

waukee, Wis.
(a) Area 1. The area of Neenah Harbor
south of the main shipping channel (a) McKinley Park. The water area
within the following boundary: A line east of McKinley Park enclosed by a
beginning at a point bearing 117.5, line beginning at McKinley Park Jetty
1,050 feet from the point where the Light; thence 090, 500 feet to a point
southeasterly side of the First Street/ on the breakwater; thence northerly
Oak Street Bridge crosses the south and northwesterly following the break-
shoreline of the river; thence 254, 162 water, piers, jetty and natural shore-
feet; thence 146, 462 feet; 164, 138 feet; line to the point of beginning.
123, 367 feet; 068, 400 feet; 044, 400 feet; (b) South Shore Park. The water area
thence 320, 107 feet; thence 283, 1,054 northeast of South Shore Park en-
feet to the point of beginning. closed by a line beginning at the north-
(b) Area 2. Commencing at a point east corner of the jetty at latitude
where the west line of Second Street 430007.5 N., longitude 875308 W.;
extended meets the north edge of the thence to latitude 430005 N., lon-
harbor, thence south to intersect the gitude 875301 W.; thence to latitude
north edge of the channel at latitude 425955 N., longitude 875253 W.;
441104.2 North, longitude 882713.2 thence to latitude 425940 N., lon-
West, thence northwesterly to a point gitude 875233.5 W.; thence to a point
at latitude 441106.3 North, longitude of the shoreline at latitude 425934 N.,
882716.4 West, thence north to the longitude 875243.5 W.; thence fol-
easterly end of the Neenah Dam Spill-
lowing the shoreline to the point of be-
way.
ginning.
NOTE: An ordinance of the City of Neenah, (c) Bay View Park. The water area
Wis., requires approval of the Neenah Police east of Bay View Park enclosed by a
Department for the location and type of indi-
line beginning on the shoreline at lati-
vidual moorings placed in this special an-
chorage area. tude 425928.5 N., longitude 875235
W.; thence to latitude 425935.5 N.,
[CGD9 85017, 50 FR 49844, Dec. 5, 1985]
longitude 875227 W.; thence to lati-
110.79b Millers Bay, Lake Winne- tude 425908 N., longitude 875137 W.;
bago, Oshkosh, WI thence to a point on the shoreline at
The area adjacent to Menominee
W.; thence following the shoreline to
Park in Millers Bay within the fol-
lowing boundaries: beginning at lati-

tude 440147 N., longitude 883105 W.; NOTE: An ordinance of the City of Mil-
thence to latitude 440146 N., lon- waukee, Wisconsin requires the approval of
435
the Milwaukee Harbor Master for the loca- 110.81a Lake Betsie, Frankfort, MI.
tion and type of moorings placed in these
special anchorage areas. The area within the following bound-
aries:
[CGD 7348R, 39 FR 12007, Apr. 2, 1974]
Beginning at latitude 443747 North, lon-
110.80a Lake Macatawa, Mich. gitude 861352.5 West; thence to latitude
443751.4 North, longitude 861349 West;
An area located on the south side of thence to latitude 443746.4 North, longitude
Lake Macatawa near the entrance to 861337.8 West; then to latitude 443744.8
Lake Michigan, shoreward (south) of a North, longitude 861344.2 West; thence to
line commencing offshore of Macatawa point of beginning.
Park at a point 960 feet S 156 E from [CGD 098206, 48 FR 33263, July 21, 1983]
the light on the south pier at the en-
trance to the Lake, and extending 1,550 110.82 Charlevoix Harbor, Mich.
feet N 82 E toward the northwest cor- The waters on the north side of
ner of the Macatawa Bay Yacht Club Round Lake northward of a line begin-
pier. ning at a point approximately 200 feet
south of the north shore bearing 60, 280
110.80b Marquette Harbor, Mar- feet, from the northeast corner of the
quette, Mich. Charlevoix Municipal Wharf, and bear-
The area within Marquette Harbor ing thence 92, 400 feet, thence 129,
beginning at latitude 463238 N., lon- 1,160 feet, and thence 110 to the west-
gitude 872246 W.; thence to latitude erly end of the southwest side of Park
463237 N., longitude 872254 W.; Island.
gitude 872254 W.; thence to latitude 110.82a Little Traverse Bay, Lake
Michigan, Harbor Springs, Mich.
463233 N., longitude 872246 W.,
thence to point of origin. (a) Area 1. Beginning at latitude
452542.2 N., Longitude 84597.5 W.;
NOTE: An ordinance of the City of Mar- thence to latitude 452539.5 N., lon-
quette authorizes the Harbormaster to direct gitude 845909 W.; thence to latitude
the location and length of time any 452535 N., longitude 845907 W.;
watercraft may anchor in this area.
[CGD 79018, 44 FR 50040, Aug. 27, 1979] gitude 845855.2 W.; thence to latitude
452542.2 N., longitude 845856.5 W.,
110.81 Muskegon Lake, Mich. thence to the point of beginning.
(a) Muskegon Lake West. The waters (b) Area 2. Beginning at latitude
of the southwest side of Muskegon 452542.2 N., longitude 845854 W.;
Lake enclosed by a line beginning at thence to latitude 452535 N., lon-
latitude 431324 N., longitude gitude 845853 W.; thence to latitude
861918.5 W.; thence 145T to latitude 452535 N., longitude 845824.8 W.;
431307.5 N., longitude 861902.5 W.; thence to latitude 452536.1 N., lon-
gitude 845823 W.; thence to latitude
thence 230T to latitude 431304 N.,
452542.2 N., longitude 845839 W.,
longitude 861908.5 W.; thence along
(b) Muskegon Lake East. The waters of [CGD 098502, 50 FR 24194, June 10, 1985]
the southeast side of Muskegon Lake
enclosed by a line beginning at latitude 110.83 Chicago Harbor, Ill.
431404 N., longitude 861547 W.; (a) Grant Park North-A. Beginning at
thence 277T to latitude 431406.5 N., a point 2,120 feet South of the intersec-
longitude 861627 W.; thence 205T to tion of the North line of the Chicago
the shore; thence along the shoreline Yacht Club bulkhead, as constructed in
to the point of origin. 1927, and the harbor line approved by
the Department of the Army on August
NOTE: Administration of the Special An- 3, 1940, along the West side of the har-
chorage Area is exercised by the City of Mus-
bor, said harbor line runs parallel to

kegon pursuant to local ordinances.
the overall alignment of said Grant
[CGD 79171, 46 FR 48195, Oct. 1, 1981] Park bulkhead between its North and
436
South ends, said intersection is ap- (c) Grant Park North-C. Beginning at
proximately 800 feet South of the a point 970 feet North of the North line
South face of the former Naval Armory of the Chicago Yacht Club bulkhead, as
Dock, and 100 feet East of said bulk- constructed in 1927, which extends due
head, that point being approximately East and perpendicular from the harbor
on the harbor line; thence North along line approved by the Department of the
a straight line parallel to said harbor Army on August 3, 1940, said Chicago
line and bulkhead, 1,705 feet to a point Yacht Club bulkhead line is approxi-
that is 100 feet East of said harbor line mately 800 feet South of the South face
and 150 feet East of the Grant Park of the former Naval Armory Dock, and
bulkhead; thence East at a right angle, 1,170 feet East of said harbor line, said
150 feet; thence North at a right angle, point of beginning is 20 feet East of the
parallel to the first described line, East face of the Columbia Yacht Club
passing 100 feet East of the Chicago pier and 20 feet South of the South face
Yacht Club bulkhead, 440 feet; thence of a breakwater, which runs in a East
Northeasterly 850 feet to a point 1,070 and West direction; thence East along
feet East of the aforesaid Grant Park a line parallel to the South face of said
bulkhead; thence Southeasterly 740 East-West breakwater, 540 feet to a
feet to a point 1,600 feet East of said point 20 feet West of the West face of a
harbor line; thence Southerly 1,960 feet breakwater, which runs in a North and
to a point approximately 1,555 feet East South direction; thence South along a
of said harbor line and about 1,560 feet line parallel to the West face of said
East of said Grant Park bulkhead; North-South breakwater, approxi-
thence Southwesterly 295 feet to a mately 965 feet; thence Northwesterly
point 1,180 feet due East, in a direction to a point 20 feet Southeast and per-
perpendicular to the West line hereof, pendicular to the Southeast side of the
from the point of beginning; and thence aforesaid Columbia Yacht Club pier;
West to the point of beginning. thence Northerly along a line parallel
(b) Grant Park North-B. Beginning at to the East face of said pier to the
a point 145 feet North of the North line point of beginning.
of the Chicago Yacht Club bulkhead, as (d) Grant Park South. Beginning at a
constructed in 1927, and 320 feet East of point 2,220 feet South of the intersec-
the harbor line approved by the De- tion of the North line of the Chicago
partment of the Army on August 3, Yacht Club bulkhead, as constructed in
1940, along the West side of the harbor, 1927, and the harbor line approved by
said Chicago Yacht Club bulkhead ex- the Department of the Army on August
tends due East, perpendicular to the 3, 1940, along the West side of the har-
Grant Park bulkheads overall align- bor, said harbor line runs parallel to
ment between its North and South the overall alignment of the Grant
ends, said bulkhead runs parallel to the Park bulkhead between its North and
aforesaid harbor line and is approxi- South ends, said intersection is ap-
mately 800 feet South of the South face proximately 800 feet South of the
of the former Naval Armory Dock, said South face of the former Naval Armory
point is 20 feet East of the East face of Dock, and 100 feet East of said Grant
the Chicago Park District jetty; thence Park bulkhead, that point being ap-
North parallel to said jetty, 230 feet to proximately on the harbor line; thence
a point 20 feet South of the South face East, perpendicular to the overall
of the Lake Shore Drive bulkhead, said alignment of the Grant Park bulkhead,
bulkhead runs Easterly and Westerly and perpendicular to said harbor line,
in a curved direction; thence Easterly 1,180 feet; thence Southeasterly 330 feet
along a line parallel to said curved to a point 1,510 feet East of said Grant
bulkhead to a point 20 feet Southwest Park bulkhead and 225 feet South of an
and perpendicular to a line extended extension of the first described line;
along the Southwest side of the Colum- thence South perpendicular to the first
bia Yacht Club pier to said curved described line, 220 feet; thence South-
bulkhead; thence Southeasterly par- westerly 2,375 feet along a line gen-
allel to said extended line, 160 feet; erally 100 feet Northwesterly from and
thence Southwesterly to the point of parallel to the Northwesterly face of
beginning. the narrow section of the U.S. Inner
437
Breakwater; thence Northwesterly 100 thence following the dike to the shore-
feet to a point 150 feet East of said line; thence along the shoreline to the
Grant Park bulkhead (or 100 feet East point of origin.
of the aforesaid harbor line), and 4,570
[CGD 7747, 43 FR 35480, Aug. 10, 1978; 43 FR
feet South of the North line of the
56040, Nov. 30, 1978]
aforesaid Chicago Yacht Club bulk-
head; and thence North 2,350 feet of the 110.85 Niagara River, Youngstown,
point of beginning. N.Y.
NOTE: The Chicago Park District controls (a) Area 1. Beginning at a point at the
the location and type of any moorings placed
intersection of the south line of Swain
in the special anchorage areas in this sec-
tion. Street extended with the east shoreline
of the Niagara River at latitude
[CGD098302, 50 FR 27581, July 5, 1985] 431433 N, longitude 79037.5 W;
110.83a Cedar Point, Sandusky, Ohio. thence westerly to a point at latitude
431433 N, longitude 79039.5 W;
The water area enclosed by the break thence Southerly to a point at latitude
wall beginning at latitude 412813 N., 431415.5 N, longitude 790310 W;
longitude 824039 W.; thence along the thence Westerly to a point at latitude
break wall to latitude 412821 N., lon- 431415.5 N, longitude 790317 W;
gitude 824053 W.; thence along a thence northerly to a point at latitude
straight line southwesterly to latitude
431454.5 N, longitude 790314 W;
412820 N., longitude 824055 W.;
thence southeasterly to a point at lati-
thence along the break wall to latitude
tude 431452.3 N, longitude 730309 W;
412833 N., longitude 824058 W.;
thence southerly to a point at latitude
thence along the shoreline to the point
431451.4 N. longitude 730309 W;
of beginning.
thence easterly to a point at latitude
[CGD 79169, 45 FR 32674, May 19, 1980] 431451.5 N; longitude 79036.5 W;
thence along the shoreline to the point
110.84 Black Rock Channel opposite of beginning.
foot of Porter Avenue, Buffalo, N.Y.
(b) Area 2. Beginning at a point at
An area extending northwesterly be- latitude 431453.2 N., longitude
tween Black Rock Channel and Bird Is- 790308 W.; thence northwesterly to a
land Pier opposite the foot of Porter point at latitude 431456 N., longitude
Avenue, bounded as follows: Beginning 790314 W.; thence northerly to a point
at Triangulation Marker N5 on Bird at latitude 431507 N., longitude
Island Pier; thence southeasterly along 790313 W.; thence northwesterly to a
the pier a distance of approximately point at latitude 43159.5 N., longitude
745 feet; thence 6052 true, approxi- 790313.5 W.; thence southeasterly to a
mately 300 feet to a point 50 feet west- point at latitude 43157.5 N., longitude
erly of the westerly limit of Black 790308 W.; thence southerly to the
Rock Channel; thence northwesterly point of beginning.
along an arc of a circle parallel to and
(c) Area 3. Beginning at a point at
50 feet westerly of the westerly limit of
latitude 43157.9 N., longitude 790303
the channel to a point approximately
W.; thence westerly to a point at lati-
360 feet southerly of Bird Island Pier
tude 43157.9 N., longitude 790304 W.;
Light No. 17; thence 27620 true, ap-
thence northwesterly to a point at lati-
proximately 135 feet to Bird Island
Pier; thence southwesterly and south- tude 431511.8 N., longitude 790314
erly along the pier a distance of ap- W.; thence northerly to a point at lati-
proximately 1,355 feet to the point of tude 431514 N., longitude 790314 W.;
beginning. thence northwesterly to a point at lati-
tude 431522 N., longitude 790321.5
110.84b Buffalo, N.Y. W.; thence northeasterly to a point at
latitude 431525.5 N., longitude
The area within the Port of Buffalo
790313 W.; thence along the shoreline
known as Port of Buffalo Small Boat
to the point of beginning.
Harbor commencing at a point on shore

at latitude 425105 N., longitude NOTE: The Youngstown Harbor Commission
785155 W.; thence 240 to rip-rap dike controls the location, type, and assignment
438
of moorings placed in the special anchorage based on North American Datum of
areas in this section. 1983.
[CGD 79098, 45 FR 32674, May 19, 1980, as [CGD0999081, 65 FR 11893, Mar. 7, 2000, as
amended by CGD98510, 50 FR 43387, Oct. 25, amended by USCG20090854, 74 FR 49815,
1985] Sept. 29, 2009]
110.86 Sodus Bay, NY. 110.90 San Diego Harbor, Calif.

The water area in Sodus Bay, New (a) Area A1. In North San Diego Bay,
York, south of Sand Point, two sepa- the Shelter Island Yacht Basin Anchor-
rate sections, enclosed by: age, the water area enclosed by a line
(a) Eastern Section, beginning at a beginning at latitude 324256.7 N., lon-
point on the shoreline at: gitude 1171347.1 W.; thence south-
431558.1 N 0765834.0 W, to westerly to latitude 324253.6 N., lon-
431551.9 N 0765833.5 W, to gitude 1171351.3 W.; thence north-
431553.5 N 0765847.5 W, to westerly to latitude 324301.3 N., lon-
431601.8 N 0765843.0 W, gitude 1171359.1 W.; thence northeast-
thence along the natural shoreline and erly to latitude 324302.6 N., longitude
structures to: 1171355.5 W.; thence southeasterly to
431558.1 N 0765834.0 W. latitude 324259.8 N., longitude
1171350.4 W.; thence southeasterly to
(b) Western Section, beginning at a
point on the shoreline at:
(b) Area A1a. In North San Diego
431602.5 N 0765845.0 W, to Bay, the Shelter Island Roadstead An-
431554.0 N 0765850.0 W, to chorage east of Shelter Island, the
431554.8 N 0765900.1 W, to water area 55 feet either side of a line
431607.0 N 0765947.0 W, beginning at latitude 324233.6 N., lon-
thence along the natural shoreline and gitude 1171348.3 W.; thence northeast-
structures to:
erly to latitude 324236.0 N., longitude
431602.5 N 0765845.0 W.
1171345.1 W.
[CGD 0993029, 58 FR 40740, July 30, 1993] (c) Area A1b. The water area off
Shelter Islands eastern shore, 210 feet
110.87 Henderson Harbor, N.Y. shoreward of a line beginning at lati-
tude 324243.9 N., longitude 1171334.3
(a) Area A. The area in the southern W.; thence northeasterly to latitude
portion of Henderson Harbor west of 324252.8 N., longitude 1171322.4 W.
the Henderson Harbor Yacht Club (d) Area A1c. The water area off
bounded by a line beginning at latitude Shelter Islands eastern shore, 210 feet
435108.8 N, longitude 761208.9 W, shoreward of a line beginning at lati-
thence to latitude 435109.0 N, lon- tude 324255.0 N., longitude 1171319.4
gitude 761219.0 W, thence to latitude W.; thence northeasterly to latitude
435133.4 N, longitude 761219.0 W, 324303.5 N., longitude 1171307.6 W.
thence to latitude 435133.4 N, lon- (e) Area A2. In North San Diego Bay,
gitude 761209.6 W, thence to the point the Americas Cup Harbor Anchorage,
of beginning. All nautical positions are the water area enclosed by a line begin-
based on North American Datum of ning at latitude 324313.7 N, longitude
1983. 1171323.8 W; thence northeasterly to
(b) Area B. The area in the southern latitude 324316.7 N., longitude
portion of Henderson Harbor north of 1171316.4 W.; thence northwesterly to
Graham Creek Entrance Light bounded latitude 324322.6 N., longitude
by a line beginning at latitude 1171325.8 W.; thence westerly to lati-
435121.8 N, longitude 761158.2 W, tude 324322.5 N., longitude 1171329.6
thence to latitude 435121.7 N, lon- W.; thence southwesterly to latitude
gitude 761205.5 W, thence to latitude 324319.0 N., longitude 1171332.6 W.;
435133.4 N, longitude 761206.2 W, thence southeasterly to the point of be-
thence to latitude 435133.6 N, lon- ginning.
gitude 761200.8 W, thence to the point (f) Area A3. In North San Diego Bay,
of beginning. All nautical positions are the Laurel Street Roadstead Anchor-
age, the water area enclosed by a line
439
110.91 33 CFR Ch. I (7110 Edition)
beginning at latitude 324330.5 N., lon- is reserved for active duty military, their de-
gitude 1171028.5 W.; thence south- pendents, retirees, and DOD employees only.
westerly to latitude 324329.8 N., lon- (j) Area A8. In South San Diego Bay,
gitude 1171034.2 W.; thence south- the Sweetwater Anchorage, the water
westerly to latitude 324325.8 N., lon- enclosed by a line beginning at latitude
gitude 1171036.1 W.; thence southerly 323912.2 N., longitude 1170745.1 W.;
to latitude 324320.2 N., longitude thence easterly to latitude 323912.2
1171036.1 W.; thence westerly to lati- N., longitude 1170730.1 W.; thence
tude 324320.2 N., longitude 1171052.9 southerly to latitude 323845.2 N., lon-
W.; thence northeasterly to 324329.8 gitude 1170730.1 W.; thence westerly
N., longitude 1171048.0 W., thence to latitude 323845.2 N., longitude
northeasterly following a line parallel 1170745.1 W.; thence northerly to the
to, and 200 feet bayward of, the shore- point of beginning.
line of San Diego Bay adjoining Harbor (k) Area A9. In North San Diego Bay,
Drive to the point of beginning. the Cruiser Anchorage, the water en-
(g) Area A4. In Central San Diego closed by a line beginning at latitude
Bay, the Bay Bridge Roadstead An- 324335.9 N., longitude 1171106.2 W.;
chorage, the water area enclosed by a thence southwesterly to latitude
line beginning at latitude 324132.1 N., 324331.5 N., longitude 1171113.2 W.;
longitude 1170943.1 W.; thence south- thence southeasterly to latitude
westerly to latitude 324119.1 N., lon- 324328.9 N., longitude 1171111.0 W.;
gitude 1170946.1 W.; thence southeast- thence southeasterly to latitude
erly to latitude 324117.8 N., longitude 324325.9 N., longitude 1171107.7 W.;
1170944.3 W.; thence southeasterly to thence northeasterly to latitude
latitude 324114.9 N., longitude 324334.8 N., longitude 1171103.2 W.,
1170937.9 W.; thence northeasterly to thence northwesterly to the point of
latitude 324126.9 N., longitude beginning. All coordinates in this sec-
1170935.1 W., thence southwesterly to tion use Datum: NAD 83.
the point of beginning. NOTE: Mariners anchoring in these anchor-
(h) Area A5. In Central San Diego ages, excluding Anchorage A6, should con-
Bay, the Glorietta Bay Anchorage, the sult applicable local ordinances of the San
water area enclosed by a line beginning Diego Unified Port District. Temporary
floats or buoys for marking anchors are al-
at latitude 324042.2 N., longitude lowed. Fixed moorings, piles or stakes are
1171003.1 W.; thence southwesterly to prohibited. All moorings shall be positioned
latitude 324041.2 N., longitude so that no vessel, when anchored, shall at
1171006.6 W.; thence northwesterly to any time extend beyond the limits of the
latitude 324046.2 N., longitude area. See Captain of the Port Notice 697, a
1171015.6 W.; thence northeasterly to copy of which can be obtained by calling
latitude 324046.7 N., longitude (619) 6836495.
1171014.1 W.; thence southeasterly to [CGD1197007, 63 FR 16688, Apr. 6, 1998]
(i) Area A6. In Fiddlers Cove, the 110.91 Mission Bay, Calif.
water enclosed by a line beginning at (a) Area M1. In San Juan Cove, the
latitude 323910.4 N., longitude entire water area west of a line drawn
1170849.4 W.; thence northwesterly to from latitude 324653.6 N., longitude
latitude 323914.9 N., longitude 1171452.5 W.; to El Carmel Point
1170851.8 W.; thence northeasterly to North Light; latitude 324648.0 N., lon-
latitude 323917.6 N., longitude gitude 1171450.1 W.
1170847.5 W.; thence northwesterly to NOTE: Control over the anchoring of vessels
latitude 323919.8 N., longitude and placing of temporary moorings in this
1170848.8 W.; thence northeasterly to area is exercised by the City of San Diego
latitude 323924.4 N., longitude Park and Recreation Department pursuant
1170841.4 W.; thence southeasterly to to local ordinances.
latitude 323915.7 N., longitude (b) Area M2. In Santa Barbara Cove,
1170836.0 W.; thence southwesterly to the entire water area west of a line
drawn from latitude 324640.0 N., lon-

NOTE: This area is located on Federal prop- gitude 1171447.0 W.; to latitude
erty owned by the United States Navy, and it 324633.5 N., longitude 1171445.5 W.
440
NOTE: Control over the anchoring of vessels and southeast of the north side of Via
and the placing of temporary moorings in Barcelona, on Lido Isle, extended.
this area is exercised by the City of San
Diego Park and Recreation Department pur- NOTE: This area is reserved for recreational
suant to local ordinances. and other small craft. Fore and aft moorings
will be allowed in this area conforming to
(c) Area M3. In Mariners Basin, the the City of Newport Beach Harbor Ordinance
entire water area west of a line drawn No. 543 for recreational and small craft of
from latitude 324549.2 N., longitude such size and alignment as permitted by the
1171442.9 W.; to Mission Point Light; harbor master.
latitude 324543.7 N., longitude
1171441.9 W. (b) Area A2. East of the east side of
15th Street extended; north of a line
NOTE: Control over the anchoring of vessels parallel to and 250 feet from the
and the placing of temporary moorings in pierhead line between 14th and 15th
this area is exercised by the City of San Streets, this line being the north line
Diego Park and Recreation Department pur-
suant to local ordinances.
of Newport Channel, and extending
east in a straight line to an intersec-
(d) Area M4. In Quivira Basin, the tion with a line bearing 268 from Lido
entire water area enclosed by that por- Isle East Light 2, this line being the
tion of a circle of 45 yard radius from northwest line of the main fairway;
latitude 324542.8 N., longitude west of the east side of 13th Street ex-
1171425.6 W.; through the arc from tended; and south of a line parallel to
354 T to 088 T. and 220 feet from the pierhead line off
NOTE: Control over the anchoring of vessels the south shore of Lido Isle.
and the placing of temporary moorings in NOTE: This area is reserved for recreational
this area is exercised by the City of San and other small craft. Fore and aft moorings
Diego Park and Recreation Department pur- will be allowed in this area conforming to
suant to local ordinances. the City of Newport Beach Harbor Ordinance
[CGD118502, 51 FR 2882, Jan. 22, 1986] No. 543 for recreational and small craft of
such size and alignment as permitted by the
110.93 Dana Point Harbor, Calif. harbor master.
The area in Dana Point Harbor, Calif. (c) Area A3. A rectangular area, 40
commencing at a point at latitude feet wide and 885 feet long, on the west
332736.2 N., longitude 1174220.4 W.; side of Upper Bay Channel, 120 feet east
thence 01620 True for 612 feet to a of and parallel to the west pierhead
point at latitude 332742.1 N., lon- line, the south end being 50 feet north
gitude 1174218.4 W.; thence 10620 from U.S. Bulkhead Station 130.
True for 85 feet to a point at latitude
332741.8 N., longitude 1174217.7 W.; NOTE: This area is reserved for recreational
and other small craft. Fore and aft moorings
thence 19620 True for 222 feet to a will be allowed in this area conforming to
point at latitude 332739.7 N., lon- Orange County Harbor Ordinance No. 490 for
gitude 1174218.2 W.; thence 18220 recreational and small craft of such size and
True 234 feet to a point at latitude alignment as permitted by the harbor mas-
332737.4 N., longitude 1174218.2 W.; ter.
thence 16620 True for 499 feet to a (d) Area A4. South of a line bearing
point at latitude 332732.6 N., lon- 268 from Newport Bay Channel Light
gitude 1174216.8 W.; thence 320 True 11, this line being the south line of the
for 470 feet to the point of origin. main fairway; north of a line parallel
[CGD 76197, 42 FR 44985, Sept. 8, 1977] to and 200 feet from the pierhead line
off 11th to 8th Streets; and west of a
110.95 Newport Bay Harbor, Calif. line bearing 203 from Newport Bay
(a) Area A1. In Lido Channel, north- Channel Light 12, passing through the
east of a line parallel to and 195 feet pierhead line at the east end of Lido
from the pierhead line along the south- Isle.
west shore of Lido Isle; north of the NOTE: This area is reserved for recreational
south U. S. Bulkhead line off Lido Isle and other small craft. Fore and aft moorings
extended; southwest of a line parallel will be allowed in this area conforming to

to and 120 feet from the pierhead line the City of Newport Beach Harbor Ordinance
along the southwest shore of Lido Isle; No. 543 for recreational and small craft of
441
110.95 33 CFR Ch. I (7110 Edition)
such size and alignment as permitted by the pierhead line from Collins Isle to Bal-
harbor master. boa Island; north of a line bearing 311
(e) Area A5. (Newport Harbor Yacht from Newport Bay Channel Lighted
Club). East of a line bearing 23 from Buoy 10 and passing through Newport
the center of the north end of 8th Bay Channel Light 12, this line being
Street, being parallel to and 150 feet the northeast line of the main channel;
distant from the east end of Area A4; southwest of a line parallel to and 150
north of a line parallel to and 200 feet feet from the southwest pierhead line
from the pierhead line off 7th and 8th from Collins Isle to Balboa Island; and
Streets; northwest of a line parallel to southeast of a line bearing 238 from
and 200 feet from the northwest U.S. Station 160.
pierhead line off Bay Island; and south NOTE: This area is reserved for recreational
of a line bearing 268 from Newport Bay and other small craft. Fore and aft moorings
Channel Light 11, this line being the will be allowed in this area conforming to
southerly line of the main fairway. the City of Newport Beach Harbor Ordinance
No. 543 for recreational and small craft of
NOTE: This area is reserved for recreational such size and alignment as permitted by the
and other small craft. Fore and aft moorings harbor master.
the City of Newport Beach Harbor Ordinance (i) Area A9. In Balboa Island Chan-
No. 543 for recreational and small craft of nel, east of a line bearing due north
such size and alignment as permitted by the from U.S. Station 151, being 25 feet
harbor master. west of the end of Emerald Avenue;
north of a line parallel to and 75 feet
(f) Area A6. Northwest of Harbor Is- from the north pierhead line off Balboa
land, beginning at a point on the New- Island; west of the east side of Ame-
port City line 107 feet from the angle thyst Avenue extended; and south of a
point northwest of Harbor Island; line parallel to and 150 feet from the
thence 3627, 55 feet; thence 30318, 300 north pierhead line of Balboa Island.
feet; thence 21627, 72 feet; thence
16512, 211 feet; thence 751144, ap- NOTE: This area is reserved for recreational
proximately 216 feet, to the point of be- and other small craft. Fore and aft moorings
ginning.
the City of Newport Beach Harbor Ordinance
NOTE: This area is reserved for recreational No. 543 for recreational and small craft of
and other small craft. Fore and aft moorings such size and alignment as permitted by the
will be allowed in this area conforming to harbor master.
Orange County Harbor Ordinance No. 490 for (j) Area A10. Southeast of a line
recreational and small craft of such size and
alignment as permitted by the harbor mas-
bearing 209 from Newport Bay Channel
ter. Lighted Buoy 10 and passing through
the east side of the end of A Street;
(g) Area A7. East of a line parallel to north of an irregular line parallel to
and 150 feet from the east pierhead line and 150 feet from the north pierhead
off Bay Island; north of a line parallel line off Balboa Peninsula from A to
to and 150 feet from the pierhead line K Streets; south of the south line of
off Fernando Street; northwest of the the main channel; and south and south-
east side of Adams Street extended; east of an irregular line parallel to and
and southwest of a line bearing 131 375 feet from the north pierhead line off
from Newport Bay Channel Light 11, Balboa Peninsula.
being parallel to and 100 feet southwest
NOTE: This area is reserved for recreational
of the southwest line of the main chan- and other small craft. Fore and aft moorings
nel. will be allowed in this area conforming to
NOTE: This area is reserved for recreational the City of Newport Beach Harbor Ordinance
and other small craft. Fore and aft moorings No. 543 for recreational and small craft of
will be allowed in this area conforming to such size and alignment as permitted by the
the City of Newport Beach Harbor Ordinance harbor master.
No. 543 for recreational and small craft of (k) Area A11. Northeast of a line
such size and alignment as permitted by the bearing 10830 from Newport Bay Chan-
harbor master.
nel Lighted Buoy 10, this line being the

(h) Area A8. Northeast of a line par- northeast line of the main channel;
allel to and 270 feet from the southwest north of a line parallel to and 350 feet
442
from the south pierhead line off Balboa 110.100 Los Angeles and Long Beach
Island; west of the west bulkhead line Harbors, Calif.
of the Grand Canal extended; and south (a) [Reserved]
of a line parallel to and 150 feet from (b) Area A2. Consisting of two parts
the south pierhead off Balboa Island. in the outer basin of Fish Harbor on
NOTE: This area is reserved for recreational the east and west sides of Fish Harbor
and other small craft. Fore and aft moorings Entrance Channel described as follows:
will be allowed in this area conforming to (1) Part 1. Beginning at a point at the
the City of Newport Beach Harbor Ordinance intersection of westerly side of Fish
No. 543 for recreational and small craft of Harbor Entrance Channel and the outer
such size and alignment as permitted by the jetty; thence southwesterly along the
harbor master. jetty about 900 feet to the shore;
thence northerly about 500 feet; thence
(l) Area A12 (Balboa Yacht Club).
northeasterly about 650 feet, on a line
South of a line parallel to and 150 feet
parallel to jetty; thence southeasterly
from the south pierhead line off Balboa
about 500 feet, along the westerly side
Island; west of the east end pierhead of Fish Harbor Entrance Channel to
line off Balboa Island extended and the point of beginning.
bearing 161; north of a line parallel to (2) Part 2. Beginning at a point at the
and 700 feet from the south pierhead intersection of the east side of Fish
line off Balboa Island; and east of a line Harbor Entrance Channel and Fish
parallel to and 1,000 feet from the east Harbor mole (outer Fish Harbor);
boundary, bearing 161 from the point thence northwesterly along channel
of intersection of the east bulkhead line about 850 feet to the southerly side
line of Grand Canal and the south bulk- of the Fairway; thence northeasterly
head line off Balboa Island. and easterly along the southerly side of
NOTE: This area is reserved for recreational the Fairway, about 478 and 565 feet re-
and other small craft. Single moorings will spectively to its intersection with Fish
be allowed in this area conforming to the Harbor mole; thence southerly and
City of Newport Beach Harbor Ordinance No. southwesterly along the mole to the
543 for pleasure boats and yachts of such point of beginning.
sizes and alignments as permitted by the (c) Area B1. Long Beach outer har-
harbor master. bor along east side of Pier 400 begin-
(m) [Reserved] ning at latitude 334422.8 N., longitude
1181351.0 W.; thence south to latitude
(n) Area B1. Southeast of a line bear-
334354.5 N., longitude 1181350.0 W.;
ing 237 from Lido Isle West Light 4 and
thence southwesterly to latitude
being parallel to and 200 feet from the
334346.0 N., longitude 1181413.6 W.;
pierhead line off the southeast end of
thence northwesterly to latitude
Rhine Point; northeast of the south-
334415.3 N., longitude 1181426.6 W.;
west bulkhead line off Rhine Point ex- thence northeasterly to latitude
tended; north of a line parallel to and 334425.1 N., longitude 1181415.6 W.;
250 feet from the pierhead line between thence easterly to the beginning point.
15th and 18th Streets, this line being (d) Area C1. Long Beach outer har-
the north line of Newport Channel; bor between Island Freeman and Island
west of the west side of 15th Street ex- Chaffee beginning at latitude 334420.0
tended; and south of a line parallel to N., longitude 1180826.2 W.; thence
and 220 feet from the pierhead off the west to latitude 334423.5 N., longitude
south shore of Lido Isle. 1180932.6 W.; thence north to latitude
NOTE: This area is reserved for recreational 334452.8 N., longitude 1180933.2 W.;
and other small craft. Fore and aft moorings thence southeast to latitude 334425.5
will be allowed in this area conforming to N., longitude 1180826.2 W.; thence
the City of Newport Beach Harbor Ordinance south to the beginning point.
No. 543 for recreational and small craft of (e) Area E1. Long Beach outer harbor
such size and alignment as permitted by the northwest of Island Freeman beginning
harbor master. at latitude 334455.0 N., longitude
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as 1180940.0 W.; thence southwesterly to
amended by CGD118502, 51 FR 2882, Jan 22, latitude 334437.0 N., longitude
1986] 1180948.5 W.; thence northwesterly to
443
110.111 33 CFR Ch. I (7110 Edition)
latitude 334452.0 N., longitude southeast corner of the San Luis

1181032.0 W.; thence north to latitude Obispo County wharf.
334511.0 N., longitude 1181032.0 W. (b) Area A2. Area A2 is the water
(f) Restrictions. Special anchorage area enclosed by a line drawn from the
areas B1, C1, and E1 are reserved for outer end of Whaler Island breakwater
barges on mooring balls, unless other- at latitude 350922 N., longitude
wise authorized by the Captain of the 1204456 W., to the Marre Chimney at
Port Los Angeles-Long Beach. latitude 351056 N., longitude 1204431
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as W.
amended by CGD1104005, 71 FR 15036, Mar. NOTE: The Port San Luis Harbor District
27, 2006]
prescribes local regulations for mooring and
boating activities in these areas.
110.111 Marina del Rey Harbor, Calif.
[CGD 7224R, 38 FR 1928, Jan. 19, 1973]
An area in the main channel within
the following described boundaries: 110.125 Morro Bay Harbor, Calif.
Beginning at the most northeasterly
corner at latitude 335858, longitude (a) Area A1. Opposite the City of
1182646; thence southerly to latitude Morro Bay, beginning 50 feet west of
335853, longitude 1182646; thence the intersection of the west channel
southeasterly to latitude 335852, lon- line and the prolongation of the center
gitude 1182645; thence southerly to line of Seventh Street; thence in a gen-
latitude 335839, longitude 1182645; erally southeasterly direction and par-
thence westerly to latitude 335838, allel to the channel line for a distance
longitude 1182655; thence northerly to of 450 yards; thence 166 and parallel to
latitude 335900, longitude 1182655; the revetment for a distance of 1,025
thence easterly to the point of begin- yards; thence 270 for a distance of 200
ning. yards; thence 346 for a distance of
NOTE: This area is reserved for yachts and
about 1,425 yards to meet the prolonga-
other recreational craft and for all types of tion of the center line of Seventh
small craft during storm, stress, or other Street; and thence to the point of be-
emergency. Single and fore-and-aft moorings ginning.
will be allowed in the area as permitted by (b) Area A2. Beginning at a point 322
the Director of the Department of Small and 150 feet from the high water line on
Craft Harbors, Los Angeles County.
the most westerly part of Fairbanks
110.115 Santa Barbara Harbor, Calif. Point; thence continuing on this bear-
ing for a distance of 1,346 feet; thence
North of the Santa Barbara break- 52 for a distance of 450 feet and thence
water; seaward of the line of mean high generally southeasterly parallel to and
water; and southwest of a line bearing
150 feet from the mean high water line
4630 from the north corner of Bath
to the point of beginning.
Street and Cabrillo Boulevard to the
end of the Santa Barbara breakwater; NOTE: Moorings and boating activities will
excluding a fairway 225 feet wide, 100 be allowed in these areas conforming to ap-
feet from each side of and parallel to plicable City of Morro Bay ordinances and
the Navy pier. regulations adopted pursuant thereto.
NOTE: Fore and aft moorings will be al- 110.126 Monterey Harbor, Calif.
lowed in this area conforming to the City of
Santa Barbara Harbor Ordinance No. 2106 for The waters of Monterey Harbor be-
yachts and small craft of such size and align- tween the shoreline and the following
ment as permitted by the harbor master. coordinates: Beginning at a point on
the shoreline at latitude 363627.5 N.,
110.120 San Luis Obispo Bay, Calif. longitude 1215335.0 W.; thence to lati-
(a) Area A1. Area A1 is the water tude 363632.4 N., longitude 1215331.0
area bounded by the San Luis Obispo W., in an easterly direction to latitude
County wharf, the shoreline, a line 363628.8 N., 1215319.0 W.; thence
south to latitude 363623.1 N., lon-
drawn from the southernmost point of

Fossil Point to latitude 351018.5 N., gitude 1215319.0 W.; thence to the
longitude 1204338.5 W.; thence to the north end of Municipal Wharf No. 1 at
444
latitude 363620.0 N., longitude (d) Cottonwood Cove, Nev. That por-
1215328.0 W. tion of Lake Mohave inclosed by the
shore and a line connecting the fol-
[CGD 82091, 47 FR 45878, Oct. 14, 1982]
lowing points, excluding a 200-foot-wide
110.126a San Francisco Bay, Calif. fairway extending northeasterly from
the launching ramp, as established by
Richardson Bay Anchorage. That por- the Superintendent Lake Mead Recre-
tion of Richardson Bay, north of a line ation Area:
bearing 257 from Peninsula Point to
a 352946 N. 1144055 W.
the shore at Sausalito, except for feder-
b 352933 N. 1144045 W.
ally-maintained channels, and all
channels approved for private use (e) Overton Beach, Nev.(1) Area A.
therein. That portion of Lake Mead inclosed by
the shore and lines connecting the fol-
NOTE: Mariners anchoring in the special
anchorage area should consult applicable or-
lowing points, excluding two 300-foot-
dinances of the Richardson Bay Regional wide fairways, extending northwesterly
Agency and the County of Marin. These ordi- and southwesterly from the launching
nances establish requirements on matters in- ramps, as established by the Super-
cluding the anchoring of vessels, placement intendent, Lake Mead Recreation Area:
of moorings, and use of anchored and moored a 362705 N. 1142148 W.
vessels within the special anchorage area. In- b 362715 N. 1142120 W.
formation on these local agency require- c 362632 N. 1142045 W.
ments may be obtained from the Richardson d 362549 N. 1142050 W.
Bay Harbor Administrator. e 362500 N. 1142127 W.
[CGFR 69109, 34 FR 17771, Nov. 4, 1969, as f 362519 N. 1142210 W.
1980; CGD1199009, 65 FR 20086, Apr. 14, 2000] (f) Echo Bay, Nev. That portion of
Lake Mead inclosed by the shore and
110.127 Lake Mohave and Lake Mead, lines connecting the following points,
Nevada and Arizona. excluding a 100-foot-wide fairway, ex-
(a) Willow Beach, Ariz. That portion tending southwesterly from the
of Lake Mohave enclosed by the shore launching ramp, as established by the
and a line connecting the following Superintendent, Lake Mead Recreation
points, excluding a 100-foot-wide fair- Area:
way, extending westerly from the a 361830 N. 1142510 W.
launching ramp, as established by the b 361820 N. 1142400 W.
c 361735 N. 1142405 W.
Superintendent, Lake Mead Recreation
d 361740 N. 1142427 W.
Area:
a 355230 N. 1143935 W. (g) Callville Bay, Nev. That portion of
b 355210 N. 1143935 W. Lake Mead inclosed by the shore and
lines connecting the following points,
(b) Katherine, Ariz. That portion of
excluding a 200-foot-wide fairway, ex-
Lake Mohave inclosed by the shore and
tending southeasterly from the launch-
a line connecting the following points,
ing ramp, as established by the Super-
intendent, Lake Mead Recreation Area:
tending westerly from the launching
ramp, as established by the Super- a 360900 N. 1144240 W.
b 360810 N. 1144203 W.
c 360806 N. 1144240 W.
a 351333 N. 1143438 W.
b 351305 N. 1143440 W. (h) Las Vegas Wash, Nev. That portion
of Lake Mead inclosed by the shore and
(c) El Dorado Canyon, Nev. That por-
a line connecting the following points,
tion of Lake Mohave inclosed by the
shore and a line connecting the fol-
tending easterly from the launching
lowing points, excluding a 50-foot-wide
ramp, as established by the Super-
fairway, extending easterly from the
launching ramp, as established by the
Superintendent, Lake Mead Recreation a 360723 N. 1144945 W.
b 360629 N. 1144945 W.
Area:
a 354237 N. 1144221 W. (i) Hemenway Harbor, Nev. That por-
b 354208 N. 1144210 W. tion of Lake Mead inclosed by the
445
110.127a 33 CFR Ch. I (7110 Edition)
shore and lines connecting the fol- a 360626 N. 1140613 W.

lowing points, excluding a 100-foot-wide b 360500 N. 1140650 W.
fairway, extending easterly from the c 360500 N. 1140613 W.
launching ramp at Boulder Beach and a NOTE: Fixed moorings, piles, or stakes are
600-foot-wide fairway, extending north- prohibited. Single and fore-and-aft tem-
easterly from the launching ramp at porary moorings will be allowed. The anchor-
Hemenway Harbor, both as established ing of vessels and the placing of temporary
by the Superintendent, Lake Mead moorings will be under the jurisdiction and
Recreation Area: at the discretion of the Superintendent,
Lake Mead Recreation Area, National Park
a 360405 N. 1144815 W.
Service.
b 360325 N. 1144810 W.
c 360120 N. 1144515 W. [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGFR 6936, 34 FR 6577, Apr. 17,
(j) Kingman Wash, Ariz. That portion 1969; CGD 79045, 44 FR 60091, Oct. 18, 1979]
of Lake Mead inclosed by the shore and
a line connecting the following points, 110.127a Lake Powell, Utah-Arizona.
excluding a 100-foot-wide fairway, ex- (a) Castel Butte, Utah. That portion of
tending westerly from the launching Lake Powell inclosed by the shore and
ramp, as established by the Super- a line connecting the following points,
intendent, Lake Mead Recreation Area: excluding a 300-foot-wide fairway ex-
a 360234 N. 1144250 W. tending in an east-west direction per-
b 360205 N. 1144305 W.
pendicular to the launching ramp, as
(k) Temple Bar, Ariz. That portion of established by the Superintendent,
Lake Mead inclosed by the shore and Glen Canyon National Recreation
lines connecting the following points, Area:
excluding a 200-foot-wide fairway, ex- a 374345 N. 1102700 W.
tending southwesterly from the b 374230 N. 1102757 W.
launching ramp, as established by the (b) Bullfrog Basin, Utah. That portion
Superintendent, Lake Mead Recreation of Lake Powell inclosed by the shore
Area: and a line connecting the following
a 360221 N. 1141929 W. points, excluding a 300-foot-wide fair-
b 360234 N. 1141846 W. way, extending southeasterly from the
c 360203 N. 1141813 W.
launching ramp, as established by the
(l) Greggs, Ariz. That portion of Lake Superintendent, Glen Canyon National
Mead inclosed by the shore and a line Recreation Area:
connecting the following points, ex- a 372917 N. 1104228 W.
cluding a 100-foot-wide fairway, extend- b 372844 N. 1104340 W.
ing northerly from the launching ramp,
(c) Halls Crossing, Utah. That portion
as established by the Superintendent,
of Lake Powell inclosed by the shore
Lake Mead Recreation Area:
and a line connecting the following
a 360035 N. 1141349 W. points, excluding a 300-foot-wide fair-
b 360035 N. 1141410 W.
way, extending northwesterly from the
(m) Pierce Ferry, Ariz. That portion of launching ramp, as established by the
Lake Mead inclosed by the shore and a Superintendent, Glen Canyon National
line connecting the following points, Recreation Area:
excluding a 100-foot-wide fairway, ex- a 372824 N. 1104257 W.
tending easterly from the launching b 372800 N. 1104321 W.
ramp, as established by the Super- c 372746 N. 1104316 W.
intendent, Lake Mead Recreation Area: (d) Dangling Rope Canyon, Utah. That
a 360842 N. 1135924 W. portion of Dangling Rope Canyon, Lake
b 360718 N. 1135832 W. Powell, enclosed by the shoreline and a
(n) South Bay, Ariz. That portion of line connecting the following points,
Lake Mead inclosed by the shore and a excluding a 200-foot-wide fairway, ex-
line connecting the following points, tending southerly from the marina, as
excluding one 100-foot wide fairway, ex- established by the Superintendent,
Glen Canyon National Recreation
tending westerly from the launching

ramp, as established by the Super- Area:
intendent, Lake Mead Recreation Area: a 370648 N. 1110500 W.
446
Coast Guard, DHS 110.127c
b 370715 N. 1110503 W. a 411450 N. 1093522 W.
c 370719 N. 1110449 W. b 411437 N. 1093512 W.
d 370808 N. 1110400 W.
e 370730 N. 1110430 W. (b) Squaw Hollow, Wyo. That portion
f 370720 N. 1110415 W. of Flaming Gorge Lake inclosed by the
(e) Wahweap, Arizona-Utah. That por- shore and a line connecting the fol-
tion of Lake Powell inclosed by the lowing points, excluding a 100-foot-wide
shore and a line connecting the fol- fairway, extending southeasterly from
lowing points, excluding a 200-foot-wide the launching ramp, as established by
fairway, extending northeasterly from the Superintendent, Flaming Gorge
the northerly launching ramp and a National Recreation Area:
300-foot-wide fairway, extending eas- a 410955 N. 1093318 W.
b 410948 N. 1093320 W.
terly from the southerly launching
ramp, as established by the Super- (c) Antelope Flat, Utah. That portion
intendent, Glen Canyon National of Flaming Gorge Lake inclosed by the
Recreation Area: shore and a line connecting the fol-
a 370021 N. 1113030 W. lowing points, excluding a 150-foot-wide
b 370040 N. 1113000 W. fairway, extending southeasterly from
c 365910 N. 1112848 W. the launching ramp to a point beyond
d 365910 N. 1112924 W. the floating breakwater and then west-
NOTE: Fixed moorings, piles, or stakes are erly, as established by the Super-
prohibited. Single and fore-and-aft tem- intendent, Flaming Gorge National
porary moorings will be allowed. The anchor- Recreation Area:
ing of vessels and the placing of temporary
a 405746 N. 1093330 W.
moorings will be under the jurisdiction and
b 405737 N. 1093337 W.
at the discretion of the Superintendent, Glen
Canyon National Recreation Area. (d) Lucerne Valley, Utah. That portion
(f) Hite, Utah. That portion of Lake of Flaming Gorge Lake inclosed by the
Powell enclosed by the shore and by shore and a line connecting the fol-
lines connecting the following two sets lowing points, excluding a 300-foot-wide
of points, excluding a 200-foot-wide fairway extending southeasterly from
fairway extending westerly from the the launching ramp, as established by
launching ramp on the far shore, as es- the Superintendent, Flaming Gorge
tablished by the Superintendent, Glen National Recreation Area:
Canyon National Recreation area: a 405907 N. 1093454 W.
b 405854 N. 1093500 W.
EAST SHORE NOTE: Fixed moorings, piles, or stakes are
a 375140 N. 1102345 W. prohibited. Single and fore-and-aft tem-
b 375140 N. 1102405 W. porary moorings will be allowed. The anchor-
c 375230 N. 1102400 W. ing of vessels and the placing of temporary
d 375230 N. 1102335 W. moorings will be under the jurisdiction and
at the discretion of the Superintendent,
NORTH WASH Flaming Gorge National Recreation Area.
a 375200 N. 1102445 W.
b 375240 N. 1102445 W. 110.127c Trinidad Bay, Calif.
The waters of Trinidad Bay, begin-
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
ning at the southernmost point of
amended by CGD 118405, 49 FR 47603, Dec. 6,
1984] Trinidad Head at latitude 410304 N.,
longitude 1240856 W.; thence east to
110.127b Flaming Gorge Lake, Wyo- Prisoner Rock at latitude 410309 N.,
ming-Utah. longitude 1240837 W.; thence east to
(a) Buckboard Crossing, Wyo. That latitude 410309 N., longitude 1240819
portion of Flaming Gorge Lake in- W., thence north to latitude 410326
closed by the shore and a line con- N., longitude 1240821 W.; thence fol-
necting the following points, excluding lowing the shoreline to Trinidad Bay in
a 150-foot-wide fairway, extending a westerly and southerly direction to
southeasterly from the launching the point of beginning.
ramp, as established by the Super- NOTE: The area will be principally for use
intendent, Flaming Gorge National by sport and commercial fishing vessels.
Recreation Area: Temporary floats and buoys for anchoring
447
110.128 33 CFR Ch. I (7110 Edition)
will be allowed in the area. Fixed moorings, (b) [Reserved]
piles or stakes are prohibited. All moorings
shall be placed so that no vessel when an- [CGD 76186, 42 FR 62001, Dec. 8, 1977, as
chored or moored shall at any time extend amended by CGD 96026, 61 FR 33663, June 28,
beyond the limits of the area. The anchoring 1996]
of all vessels and placing of all moorings will
be under the supervision of the City of Trini-
110.128d Island of Oahu, Hawaii.
(Datum: OHD)
dad or such other authority as may be des-
ignated by the City Council of the City of (a) Kaneohe Bay (1). The waters of
Trinidad, California. Kaneohe Bay enclosed by a line begin-
[CGD 76105, 42 FR 37811, July 25, 1977, as
ning at 212628 N. latitude, 1574600
amended by CGD12 8606, 51 FR 10198, Mar. W. longitude; thence to 212600 N. lati-
25, 1986] tude, 1574614 W. longitude; thence to
212620 N. latitude, 1574724 W. lon-
110.128 Columbia River at Portland, gitude; thence to 212700 N. latitude,
Oreg. 1574825 W. longitude; thence to
212646 N. latitude, 1574837 W. lon-
The waters of the Columbia River be-
gitude; thence along the shoreline to
tween Sand Island and Government Is-
the beginning point.
land, bounded on the west by pile dike (b) Kaneohe Bay (2). The waters of
U.S. 5.75 and a line extending true Kaneohe Bay enclosed by a line begin-
north from the northerly end of the ning at 212728 N. latitude, 1574908
dike to the south shore of Sand Island W. longitude; thence to 212810 N. lati-
and bounded on the east by a line bear- tude, 1575003 W. longitude; thence to
ing 33915 true, from a point on Gov- 212910 N. latitude, 1575040 W. lon-
ernment Island at latitude 453510, gitude; thence to 213046 N. latitude,
longitude 1223241, to the southerly 1575014 W. longitude; thence along
shore of Sand Island. the shoreline to the beginning point.
(c) Keehi Lagoon. The waters of Keehi
110.128b Island of Hawaii, Hawaii. Lagoon bounded by a line connecting
(a) Hilo Bay. The waters of Hilo Bay the following points:
enclosed by a line beginning at 211935.0 N 1575406.0 W
194355.5 N. latitude, 1550330 W. lon- 211937.7 N 1575358.0 W
gitude; thence to 194408 N. latitude, 211906.4 N 1575341.9 W
211900.8 N 1575344.1 W
1550419 W. longitude; thence to
211859.9 N 1575349.7 W
194351 N. latitude, 1550430 W. lon- 211904.9 N 1575350.0 W
gitude; thence to 194410 N. latitude,
1550529 W. longitude; thence along and thence to the point of beginning.
the shoreline to the beginning point. (d) Sans Souci Beach. The waters of
(Datum: OHD) Sans Souci Beach enclosed by a line be-
(b) Kuhio Bay. The waters of Kuhio ginning at 211549 N. latitude,
Bay enclosed by a line beginning at 1574931 W. longitude; thence to
194413 N. latitude, 1550325 W. lon- 211549.2 N. latitude, 1574929 W. lon-
gitude; thence to 194415 N. latitude, gitude; thence to 211556.2 N. latitude,
1550325 W. longitude; thence along 1574931 W. longitude; thence to
the shoreline to the beginning point. 211556 N. latitude, 1574933 W. lon-
(Datum: OHD) gitude; thence to the beginning point.
(e) Iroquois Point Lagoon. The waters
[CGD 76186, 42 FR 62001, Dec. 8, 1977, as of Iroquois Point Lagoon enclosed by a
amended by CGD 96026, 61 FR 33663, June 28, line beginning at 211953 N. latitude,
1996] 1575830 W. longitude; thence to
211956 N. latitude, 1575831 W. lon-
110.128c Island of Kauai, Hawaii.
gitude; thence along the shoreline to
(a) Nawiliwili Bay. The waters of the beginning point.
Nawiliwili Bay enclosed by a line be- (f) Hickam AFB Marina (1)a. The wa-
ginning at 215712.5 N. latitude, ters of Hickam AFB Marina enclosed
1592138 W. longitude; thence to by a line beginning at 211913 N. lati-
215726 N. latitude, 1592139.5 W. lon- tude, 1575740 W. longitude; thence to

gitude; thence along the shoreline to 211845 N. latitude, 1575740 W. lon-
the beginning point. (Datum: OHD) gitude; thence to 211845 N. latitude,
448
1575728.5 W. longitude; thence to Latitude Longitude

211910 N. latitude, 1575728.5 W. lon-
442323 N .................. 0681059 W; thence to
gitude; thence along the shoreline to 442305 N .................. 0681132 W; returning to start.
the beginning point.
(g) Hickam AFB Marina (2). The wa- (2) Anchorage B is that portion of
ters of Hickam AFB Marina enclosed Frenchman Bay, Bar Harbor, ME en-
by a line beginning at 211911 N. lati- closed by a rhumb line connecting the
tude, 1575710 W. longitude; thence to following points:
211846.2 N. latitude, 1575720 W. lon-
gitude; thence to 211846.2 N. latitude, Latitude Longitude
1575705.2 W. longitude; thence along
442433 N .................. 0681309 W; thence to
the shoreline to the beginning point. 442442 N .................. 0681147 W; thence to copied
(h) Aiea Bay. The waters of Aiea Bay 442411 N .................. 0681141 W; thence to
enclosed by a line beginning at 212220 442402 N .................. 0681303 W; returning to start.
N. latitude, 1575630 W. longitude;
thence to 212227 N. latitude, (b) Regulations. (1) Anchorage A is a
1575640.5 W. longitude; thence to general anchorage ground reserved for
212230 N. latitude, 1575640.5 W. lon- passenger vessels, small commercial
gitude; thence to 212237 N. latitude, vessels and pleasure craft. Anchorage B
1575622.5 W. longitude; thence to is a general anchorage ground reserved
212237 N. latitude, 1575619 W. lon- primarily for passenger vessels 200 feet
gitude; thence along the shoreline to and greater.
the beginning point. (2) These anchorage grounds are au-
[CGD 76186, 42 FR 62001, Dec. 8, 1977, as thorized for use year round.
amended at 43 FR 21881, May 22, 1978; CGD14 (3) Temporary floats or buoys for
9001, 56 FR 13762, Apr. 4, 1991] marking anchors will be allowed in all
anchorage areas.
110.129a Apra Harbor, Guam. (4) Fixed moorings, piles or stakes
(Datum: WGS 84) are prohibited.
(a) The waters bounded by a line con- (5) Any vessels anchored in this area
necting the following points: shall be capable of moving and when
132745.5 N 1443934.8 E ordered to move by the Captain of the
132732.0 N 1443936.3 E Port shall do so with reasonable
promptness.
and thence along the shoreline to the
(6) The anchoring of vessels is under
point of beginning.
(b) The waters bounded by a line con- the coordination of the local
necting the following points: Harbormaster.
132653.6 N 1444003.8 E [CGD0102027, 67 FR 68518, Nov. 12, 2002]
132704.0 N 1444004.8 E
132704.0 N 1444009.8 E 110.131 Sheepscot River in the vicin-
132710.0 N 1444009.8 E ity of Edgecomb, Maine.
132710.0 N 1444023.8 E
132651.0 N 1444023.8 E (a) Anchorage grounds. All of the wa-
132651.0 N 1444006.0 E ters enclosed by a line starting from a
point located at the southwestern end
and thence to the point of beginning. of Davis Island at latitude 4359.655 N.,
[CGD148901, 55 FR 27465, July 3, 1990] longitude 6939.617 W.; thence to lati-
tude 4359.687 N., longitude 6939.691
Subpart BAnchorage Grounds W.; thence to latitude 4359.847 N., lon-
gitude 6939.743 W.; thence to latitude
110.130 Bar Harbor, Maine. 4359.879 N., longitude 6939.559 W.;
(a) Anchorage grounds. (1) Anchorage thence to latitude 4359.856 N., lon-
A is that portion of Frenchman Bay, gitude 6939.488 W.; thence to latitude
Bar Harbor, ME enclosed by a rhumb 4359.771 N., longitude 6939.585 W.;
line connecting the following points: thence to the point of beginning.
DATUM: NAD 83
Latitude Longitude (b) Regulations. (1) This anchorage is
442343 N .................. 0681200 W; thence to reserved for vessels of all types, with
442352 N .................. 0681122 W; thence to drafts of 3 to 12 feet.
449
110.132 33 CFR Ch. I (7110 Edition)
(2) These anchorage grounds are au- cinity of Atlantic Point. Any vessel an-
thorized for use from May through Oc- chored in these anchorages shall be ca-
tober. pable of moving and when ordered to
(3) Vessels are limited to a maximum move by the Captain of the Port shall
stay of 1 week. do so with reasonable promptness.
(4) Fixed moorings, piles or stakes (3) All other vessels within the Rock-
are prohibited. land Harbor area are prohibited from
(5) Vessels must not anchor so as to
anchoring within 300 yards or oper-
obstruct the passage of other vessels
ating within 100 feet of any navy yard,
proceeding to or from other anchorage
spaces. shipbuilding plant, power plant, oil ter-
(6) Anchors must not be placed in the minal, marine terminal, munitions
channel and no portion of the hull or plant, military or naval arsenal or
rigging of any anchored vessel shall ex- depot, warehouse, or freight pier with-
tend outside the limits of the anchor- out permission from the Captain of the
age area. Port, Rockland, Maine, or his author-
(7) The anchorage of vessels is under ized representative.
the coordination of the local
[CGFR 6746, 32 FR 17728, Dec. 12, 1967. Redes-
Harbormaster. ignated by CGD0102027, 67 FR 68518, Nov.
[CGD0107011, 72 FR 70514, Dec. 12, 2007] 12, 2002; CGD0102129, 68 FR 44888, July 31,
2003]
110.132 Rockland Harbor, Maine.
(a) The anchorage grounds(1) An- 110.133 Kennebec River in vicinity of
chorage A. Beginning at a point bearing Bath, Maine.
158, 1,075 yards, from Rockland Break- (a) The anchorage grounds. Vessels
water Light; thence 252, 2,020 yards, to may anchor only within the following
a point bearing 224 from Rockland limits:
Breakwater Light; thence 345, 740 (1) Northward of a line bearing 54
yards, to a point bearing 242 from true and extending from a point on
Rockland Breakwater Light; thence Passmores wharf in prolongation with
72, 1,300 yards, to a point bearing 222 the north side of Commerce Street,
from Rockland Breakwater Light; and
Bath, Maine, to a point on the shore in
thence 120, 1,000 yards, to the point of
beginning. Woolwich, approximately 1,200 feet
(2) Anchorage B. Beginning at a point north of the Maine Central Railroad
bearing 273, 400 yards, from Rockland wharf.
Breakwater Light; thence 273, 700 (2) Southward of a line drawn from
yards, to a point bearing 273 from the derrick on the Bath Iron Works
Rockland Breakwater Light; thence wharf to Sassanoa Point in Woolwich.
349, 850 yards, to a point bearing 305 (b) The regulations. (1) Vessels in the
from Rockland Breakwater Light; north anchorage shall be so anchored
thence 89, 700 yards, to a point bearing as to leave a clear fairway of 150 feet
328 from Rockland Breakwater Light; channelward of the established harbor
and thence 169, 900 yards, to the point lines at Bath, and a clear fairway 200
of beginning. feet from the east or Woolwich shore,
(b) The regulations. (1) Anchorages A for the passage of steamers, tows, rafts,
and B are general anchorage grounds and other watercraft.
reserved for merchant vessels, commer- (2) The launching of vessels into the
cial vessels or passenger vessels over 65
waters between the anchorages or the
feet in length. Fixed moorings, piles or
bringing up of such vessels by their an-
stakes are prohibited.
(2) A distance of approximately 500 chors will be permitted: Provided, That
yards shall be left between Anchorages the vessels so launched shall be re-
A and B for vessels entering or depart- moved therefrom within 12 hours from
ing from the Port of Rockland. A dis- the time of anchorage.
tance of approximately 100 yards shall [CGFR 6746, 32 FR 17728, Dec. 12, 1967. Redes-
be left between Anchorage A and the ignated by CGD0102027, 67 FR 68518, Nov.

Special Anchorage Area for vessels en- 12, 2002]
tering or departing facilities in the vi-
450
110.134 Portland Harbor, Maine. (2) Anchorage C is intended for use

only by small vessels and for tem-
(a) The anchorage grounds(1) An-
porary anchorage.
chorage A (general). Beginning at lati-
tude 433937 N, longitude 0701435 W; [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
thence approximately 090 for 1550 amended by CGD 831R, 48 FR 56578, Dec. 22,
yards to Fort Gorges Island Ledge 1983. Redesignated by CGD0102027, 67 FR
Buoy 4; thence 350 for 300 yards; 68518, Nov. 12, 2002]
thence 025 for 780 yards; thence 303 for
750 yards; thence 254 for 560 yards; 110.136 Lake Champlain, NY and VT.
thence 186 for 750 yards and thence to (a) Burlington Harbor, Vt. (1) The wa-
the point of beginning. ters bounded by a line connecting the
(2) Anchorage B (generalprimarily in- following points:
tended for deep draft vessels). Beginning 442826.9 N 731331.9 W
at Fort Gorges Island Ledge Buoy 4; 442826.4 N 731325.6 W
thence 062 to Little Diamond Island; 442822.0 N 731324.6 W
442812.0 N 731332.5 W
thence along the southwestern shore to
the pier on the southern end of Little and thence along the breakwater to the
Diamond Island; 133 for 1200 yards; 270 point of the beginning. These positions
to House Island Light; thence along the have been converted to North Amer-
western shore of House Island to Fort ican Datum 83.
Scammel Point Light; thence 325 for (2) No vessel greater than 35 feet in
1700 yards to the point of beginning. length may use this anchorage and no
(3) Anchorage C. Bounded on the vessel may remain at anchor longer
northwest by House Island; on the than 7 days in any period unless spe-
north by a line running 90 from House cifically permitted to do so by the City
Island Light to Peak Island; on the of Burlington, Harbormaster.
east by the western shore of Peak Is- (b) [Reserved]
land, by a line running 198 from the [CGD190064, 56 FR 12120, Mar. 22, 1991. Re-
westernmost point on Peak Island to designated by CGD0102027, 67 FR 68518,
Cushing Island, and by the shore of Nov. 12, 2002]
Cushing Island to its westernmost
point; and on the southwest by a line 110.138 Boston Harbor, Mass.
running from the westernmost point on (a) The anchorage grounds(1) Bird Is-
Cushing Island to Fort Scammel Point land Anchorage. Beginning at a point
Light. bearing 93, 1,400 yards, from the aerial
(b) The regulations. (1) Anchorage B is beacon on top of the Boston Custom
intended for general purposes, but espe- House tower; thence to a point bearing
cially for use by oil tankers and other 81, 1,600 yards, from the aerial beacon
large deep-draft ships entering harbor on top of the Boston Custom House
at night and intending to proceed to tower; thence to a point bearing 102,
the dock allotted at daylight the fol- 3,100 yards, from the aerial beacon on
top of the Boston Custom House tower;
lowing morning or as soon as prac-
thence to a point bearing 109, 3,050
ticable. This area is also to be used for
yards, from the aerial beacon on top of
quarantine anchorage. Vessels must be the Boston Custom House tower; and
so anchored in this area as to leave at thence to the point of beginning.
all times an open usable channel at (2) President Roads Anchorage(i) 40-
least 100 feet wide for passage of ferry foot anchorage. Beginning at a point
and other boats between Portland, bearing 237, 522 yards from Deer Island
Peak Island, and Bay Points. Any ves- Light; thence to a point bearing 254,
sels anchored in this area shall be 2,280 yards from Deer Island Light;
ready to move on short notice when or- thence to a point bearing 261, 2,290
dered to do so by the Captain of the yards from Deer Island Light; thence
Port. to a point bearing 278, 2,438 yards from
Deer Island Light; thence to a point

bearing 319, 933 yards from Deer Island
Light; thence to a point bearing 319,
451
110.140 33 CFR Ch. I (7110 Edition)
666 yards from Deer Island Light; and lowed in all areas. Fixed mooring piles
thence to point of beginning. or stakes are prohibited.
(ii) 35-foot anchorage. Beginning at a [CGFR 6746, 32 FR 17728, Dec. 12, 1967. Redes-
point bearing 256, 2,603 yards from ignated by CGD0102027, 67 FR 68518, Nov.
Deer Island Light; thence to a point 12, 2002]
bearing 25830, 3,315 yards from Deer Is-
land Light; thence to a point bearing 110.140 Buzzards Bay, Nantucket
Sound, and adjacent waters, Mass.
264, 3,967 yards from Deer Island Light;
thence to a point bearing 261, 2,290 (a) New Bedford Outer Harbor(1) An-
yards from Deer Island Light; and chorage A. West of Sconticut Neck, and
thence to point of beginning. shoreward of a line described as fol-
lows: Beginning at a point 100 yards
(3) Long Island Anchorage. East of
southwest of Fort Phoenix Point;
Long Island, bounded as follows: Begin- thence 154 along a line which passes
ning at the southwesternmost point of 100 yards east of New Bedford Channel
Gallups Island; thence 270 to Long Is- Buoys 8, 6, and 4, to a point bearing ap-
land; thence southerly along the east- proximately 130, 225 yards, from New
ern shore line of Long Island to Bass Bedford Channel Buoy 4; thence 87, 340
Point; thence to the northernmost yards; thence 156 along a line approxi-
point of Rainsford Island; thence to mately one mile to its intersection
Georges Island Gong Buoy 6; and with a line ranging 87 from the cupola
thence to the point of beginning. on Clarks Point; thence 87 to
(4) Castle Island Anchorage. Bounded Sconticut Neck.
on the north by Castle Island and adja- (2) Anchorage B. Southeast of a line
cent land; on the east by a line between ranging 222 from the southwest corner
Castle Rocks Fog Signal Light and Old of Fort Phoenix to the New Bedford
Harbor Shoal Buoy 2; on the southeast shore; west of a line ranging 154 from
by a line between Old Harbor Shoal Palmer Island Light to Butler Flats
Buoy 2 and Old Harbor Buoy 4; and on Light; and north of a line bearing 267
the west by a line running due north from Butler Flats Light to the shore.
from Old Harbor Buoy 4 to the shore (b) Buzzards Bay near entrance to ap-
proach channel to Cape Cod Canal(1)
line at City Point.
Anchorage C. West of a line parallel to
(5) Explosives anchorage. In the lower
and 850 feet westward from the center-
harbor, bounded on the northeast by a line of Cleveland Ledge Channel; north
line between the northeast end of of a line bearing 129 from the tower on
Peddocks Island and the northeast end Bird Island; east of a line bearing 2530
of Rainsford Island; on the northwest and passing through Bird Island Reef
by Rainsford Island; on the southwest Bell Buoy 13; and south of a line bear-
by a line between the western extrem- ing 270 from Wings Neck Light. Each
ity of Rainsford Island and the west- vessel must obtain permission to pro-
ernmost point of Peddocks Island; and ceed to Anchorage C from the U.S.
on the southeast by Peddocks Island. Army Corps of Engineers Cape Cod
(b) The regulations. (1) The Captain of Canal Control traffic controller.
the Port may authorize the use of the (2) Anchorage D. Beginning at a point
President Roads Anchorage as an ex- bearing 185, 1,200 yards, from Hog Is-
plosives anchorage when he finds that land Channel 4 Light; thence 129 to a
the interests of commerce will be pro- point bearing 209, approximately 733
moted and that safety will not be prej- yards, from Wings Neck Light; thence
udiced thereby. Vessels anchored in 209 to Southwest Ledge Buoy 10;
this area shall move promptly upon no- thence 199 along a line to its intersec-
tification by the Captain of the Port. tion with a line bearing 129 from the
tower on Bird Island; thence 309 to a
(2) In the Long Island Anchorage ves-
point 850 feet easterly, right angle dis-
sels shall anchor in the position des-
tance, from the centerline of Cleveland
ignated by the Captain of the Port. Ledge Channel; thence northeasterly
(3) Floats or buoys for marking an-
along a line parallel to and 850 feet

chors or moorings in place will be al- eastward from the centerline of Cleve-
land Ledge Channel to its intersection
452
with a line bearing 218 30 from the West Chop Buoy 25 to East Chop Flats
point of beginning; thence 3830 to the Bell Buoy 23; and west of a line bearing
point of beginning. Each vessel must 163 between East Chop Flats Bell Buoy
obtain permission to proceed to An- 23 and Lone Rock Buoy 1; and north-
chorage D from the U.S. Army Corps of erly of a line bearing 269 between Lone
Engineers Cape Cod Canal Control traf- Rock Buoy 1 and a point on the main-
fic controller. land at Oak Bluffs about 0.30 mile
(3) Anchorage L. The area of water southerly of Oak Bluffs Wharf.
bounded by lines connecting the fol- (2) Anchorage F. Southeast of the
lowing points: 413011 N, 0704810 W Elizabeth Islands, north of a line rang-
to 413046 N, 0704845 W, to 413224 N, ing 9730 from Cuttyhunk Light toward
0704550 W to 413148 N, 0704515 W Nashawena Lighted Whistle Buoy to a
and thence to start. point 0.375 mile from that buoy; north-
(4) Anchorage M(west side). The west of a line bearing 5730 from the
waters bounded by a line connecting last-named point to a point opposite
the following points: 413535N/7044 the entrance to Woods Hole; and south-
47W to 413624N/704553W to 413500N/ west of a line from the shore of
704753W to 413412N/704647W and Nonamesset Island bearing 114 and
thence to the beginning ranging through West Chop Light and
(5) Each vessel that anchors in these East Chop Light.
anchorages must notify the U.S. Army (3) Anchorage G. South of a line be-
Corps of Engineers Cape Cod Canal ginning at a point on the mainland at
Control traffic controller when it an- Oak Bluffs about 0.30 mile southerly of
chors, and provide the vessels name, Oak Bluffs Wharf bearing 89 to Lone
length, draft, cargo, and its position. Rock Buoy 1; thence 113 from Lone
(6) Each vessel anchored in these an- Rock Buoy 1 to Outer Flats Bell Buoy
chorages must notify U.S. Army Corps 17; thence 86 to Cross Rip Lightship;
of Engineers Cape Cod Canal Control thence 11830 to Tuckernuck Shoal
traffic controller when it weighs an- Bell Buoy 7; thence ranging 149 toward
chor. Brant Point Light to the breakwater at
(7) No vessel may anchor unless it Brant Point.
maintains a bridge watch, guards and (4) Anchorage H. In the vicinity of
answers Channel 16 FM, and maintains Squash Meadow shoal, east of a line
an accurate position plot. ranging 163 through Squash Meadow
(8) No vessel may anchor unless it West End Buoy 21; north of lines par-
maintains the capability to get under- allel to and 0.5 mile northerly from
way within 30 minutes; except with lines joining Lone Rock Buoy 1, Outer
prior approval of the Coast Guard Cap- Flats Bell Buoy 17, and Cross Rip
tain of the Port Southeastern New Lightship; and south of a line ranging
England. 97 from East Chop Light toward Cross
(9) No vessel may anchor in a dead Rip Lightship.
ship status (propulsion or control un- (5) Anchorage I. Northerly of a line
available for normal operations) with- ranging 109 from Nobska Point Light
out the prior approval of the Coast toward Hedge Fence Lighted Horn and
Guard Captain of the Port South- Gong Buoy 16, and of a line ranging
eastern New England. 9730 through Hedge Fence East End
(10) No vessel may conduct lightering Buoy to Halfmoon Shoal Lighted Bell
operations within these anchorages. Buoy 12, thence 73 to Handkerchief
(c) Vineyard and Nantucket Sounds Shoal Buoy 16, and thence to the west-
(1) Anchorage E. South of a line begin- ernmost point of Monomoy Island.
ning at a point bearing 180 about 3.25 (6) Anchorage J. East of a line bearing
miles from Cuttyhunk Light; thence 329, parallel to and 0.875 mile north-
65 to a point bearing 180, 0.625 mile easterly of a line running from Brant
from Nashawena Lighted Whistle Buoy; Point Light through Tuckernuck Shoal
thence 5730 passing 600 yards north- Bell Buoy 7, from Coatue Beach to a
erly of Middle Ground Lighted Bell point 1.25 miles southeasterly from a
Buoy 25A, to a point bearing 145, 1.25 line between Halfmoon Shoal Lighted
miles from Nobska Point Light; south- Bell Buoy 12 and Handkerchief Shoal
west of a line ranging 113 through Buoy 16; thence 73, parallel to and 1.25
453
110.142 33 CFR Ch. I (7110 Edition)
miles southeasterly from a line run- the anchorage areas, of any vessel an-
ning from Halfmoon Shoal Lighted Bell chored outside the anchorage areas,
Buoy 12 through Handkerchief Shoal and of any vessel which is so moored or
Buoy 16, to a point bearing 215 from anchored as to impede or obstruct ves-
Stone Horse North End Lighted Bell sel movements in any channel.
Buoy 9; thence 35 to Stone Horse (7) Nothing in this section shall be
North End Lighted Bell Buoy 9; thence construed as relieving the owner or
70 to a point bearing 207 from Pollock person in charge of any vessel from the
Rip Lightship; and thence 27 through, penalties of the law for obstructing
and to a point 5.0 miles northeasterly navigation or for obstructing or inter-
from, Pollock Rip Lightship. fering with range lights, or for not
(7) Anchorage K. North of a line tan- complying with the navigation laws in
gent to the southeasterly edge of regard to lights, fog signals, or for oth-
Monomoy Point and extending to erwise violating the law.
Bearse Shoal North End Buoy 2A and
west of a line bearing 7 from Bearse [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGD1 90125, 56 FR 22644, May 16,
Shoal North End Buoy 2A to Chatham
1991; 56 FR 40360, Aug. 14, 1991; CGD0104004,
Bar Buoy 2. 70 FR 2355, Jan. 13, 2005; USCG200625556, 72
(d) The regulations. (1) Floats or FR 36327, July 2, 2007]
buoys for marking anchors or moorings
in place will be allowed in all areas. 110.142 Nantucket Harbor, Mass.
Fixed mooring piles or stakes are pro- (a) The anchorage grounds. In the
hibited. Nantucket Harbor, beginning at a
(2) Except in cases of great emer- point 210 yards, 90, from Brant Point
gency, no vessels shall be anchored in Light; thence easterly to latitude
New Bedford Outer Harbor, Buzzards 411723, longitude 700514.5; thence
Bay near the entrance to the approach southerly to latitude 411703, lon-
channel to Cape Cod Canal, or Vine- gitude 700514.5; thence southwesterly
yard and Nantucket Sounds, outside of to latitude 411654, longitude 700523;
the anchorage areas defined in para- thence northwesterly to latitude
graphs (a) to (c) of this section. 411655, longitude 700531; thence
(3) Anchors must not be placed out- northeasterly to latitude 411707.5,
side the anchorage areas, nor shall any longitude 700527; thence northeast-
vessel be so anchored that any portion erly to the point of beginning.
of the hull or rigging will at any time (b) The regulations. The anchorage is
extend outside the boundaries of the for the use of commercial and pleasure
anchorage area. craft. Temporary floats or buoys for
(4) Any vessel anchoring under the marking anchors or moorings in place
circumstances of great emergency out- will be allowed. Fixed mooring piles or
side any anchorage area must be placed stakes are prohibited. The anchoring of
near the edge of the channel and in vessels including the placing of anchors
such position as not to interfere with and moorings is subject to the super-
the free navigation of the channel, nor vision and approval of the local harbor
obstruct the approach to any pier nor master.
impede the movement of any boat, and
shall move away immediately after the 110.145 Narragansett Bay, R.I.
emergency ceases or upon notification (a) East Passage(1) Anchorage A.
by an officer of the Coast Guard. East of Conanicut Island, beginning at
(5) A vessel upon being notified to the easterly extremity of the Dump-
move into the anchorage limits or to lings; extending 9 to a point at lati-
shift its position in anchorage grounds tude 412928, longitude 712105.5;
must get under way at once or signal thence 356 for 5,350 feet; thence 24 for
for a tug, and must change position as 5,700 feet; thence 12 for 1,100 feet;
directed with reasonable promptness. thence 31130 for 2,300 feet; thence 351
(6) Whenever the maritime or com- for 5,350 feet; thence 270 for 3,200 feet
mercial interests of the United States to the easterly side of Conanicut Is-
so require, any officer of the Coast land; thence generally along the eas-
Guard is hereby empowered to shift the terly side of the island to a point on
position of any vessel anchored within the easterly side of the island due west
454
of the Dumplings; and thence due east having a radius of 500 yards with its
to the point of beginning; excluding the center at latitude 413318, longitude
approach of the Jamestown Ferry, a 712003.
zone 900 feet wide to the southward of (a) This area will be used for anchor-
a line ranging 103 from a point, 300 ing naval vessels carrying or transfer-
feet north of the existing ferry landing ring ammunition or explosives under
toward the spire of Trinity Church, standard military restrictions as estab-
Newport. lished by the Safety Manual, Armed
(i) That portion of the area to the Services Explosive Board. Explosives
northward of the approach of the or dangerous materials include inflam-
Jamestown Ferry shall be restricted mable liquid or inflammable solids,
for the anchorage of vessels of the U.S. oxidizing materials, corrosive liquids,
Navy. In that portion of the area to the compressed gases and poisonous sub-
southward of the approach of the stances.
Jamestown Ferry, the requirements of (b) No vessel shall anchor within 500
the Navy shall predominate. yards of the explosive anchorage area
(ii) Temporary floats or buoys for when occupied by vessels carrying ex-
marking anchors or moorings in place plosives.
shall be allowed in this area. Fixed (c) No more than 2,000 tons Net High
mooring piles or stakes will not be al- Explosives limit will be handled in the
lowed. anchorage area.
(2) Anchorage B. Off the west shore of (d) No vessel shall be so anchored in
Aquidneck Island to north of the anchorage that it will at any time
Coggeshall Point, northerly of a line extend beyond the limits of the area.
ranging 075 from a point on the eas-
(e) Naval vessels anchoring in the
terly end of Gould Island, latitude
area will display the proper signals,
413213, longitude 712040.5, toward
and will be under the supervision of the
the shore of Aquidneck Island; east of a
Commander, U.S. Naval Base, Newport,
line ranging 019 from the easternmost
Rhode Island.
of the Dumplings to latitude 413616,
longitude 711748; thence northeast to (3) Anchorage C.
latitude 413653, longitude 711707.5; (i) [Reserved]
thence east to latitude 413653, lon- (ii) West of Coasters Harbor Island,
gitude 711640; thence southwesterly west of a line bearing 351 from Tracey
to latitude 413554, longitude Ledge Buoy 5 through Seventeen-foot
711717.5; thence southeasterly to the Spot Buoy northeast of Gull Rocks;
shore at the easterly end of the north south of a line bearing 292 from the cu-
boundary of the cable area in the vicin- pola at the Naval War College; east of
ity of Coggeshall Point; excluding the a line ranging 19 from the easternmost
cable area in the vicinity of Coggeshall of The Dumplings toward Dyer Island
Point. North Point Shoal Lighted Bell Buoy
(i) Anchorage B1. Off the southerly 12A; and north of latitude 413022
end of Prudence Island beginning at a which parallel passes through a point
point at latitude 413408.9, longitude 230 yards north of Rose Island Shoal
711925.8; thence 19 for 1,900 feet; Northeast End Buoy 8.
thence 289 for 1,900 feet; thence 199 for (iii) In this area the requirements of
1,900 feet; thence 109 for 1,900 feet to the Navy shall predominate.
the point of beginning. (iv) Temporary floats or buoys for
(a) In this area the requirements of marking anchors or moorings in place
the Navy shall predominate. will be allowed in this area. Fixed
(b) Temporary floats or buoys for mooring piles or stakes will not be al-
marking anchors or moorings in place lowed.
will be allowed in this area. Fixed (4) Anchorage D. West of Goat Island,
mooring piles or stakes will not be al- south of a line bearing 247 from New-
lowed. port Harbor Light; east of a line bear-
(ii) Anchorage X1, Naval explosives ing 17630 from the northwesterly end
and ammunition handling anchorage. of Rose Island; north of a line bearing

The waters of Narragansett Bay north- 117 from the northerly end of the ferry
easterly of Gould Island within a circle slip at Jamestown to longitude 7120
455
110.145 33 CFR Ch. I (7110 Edition)
and west of a line running north and mooring piles or stakes will not be al-
south along longitude 7120. lowed.
(i) In this area the requirements of (3) Anchorage J. At Saunderstown,
the Navy shall predominate from May 1 south of a line ranging 110 from the
to October 1, subject at all times to south side of the ferry wharf toward
such adjustments as may be necessary the cable crossing sign on Dutch Is-
to accommodate all classes of vessels land; west of a line ranging 192 from
which may require anchorage room. Plum Beach Shoal Buoy 1 PB toward
(ii) Temporary floats or buoys for the east shore of The Bonnet; and
marking anchors or moorings in place north of a line from the shore ranging
will be allowed in this area. Fixed 108 toward Dutch Island Light and the
mooring piles or stakes will not be al- north end of the wharf at Beaver Head.
lowed. (i) Temporary floats or buoys for
(5) Anchorage E. South of Coasters marking anchors or moorings in place
Harbor Island, east of a line bearing will be allowed in this area. Fixed
341 from the outer end of Briggs Wharf mooring piles or stakes will not be al-
to the southwestern shore of Coasters lowed.
Harbor Island near the War College (4) Anchorage K. In the central and
Building; and north of a line ranging southern portion of Dutch Island Har-
265 from the flagstaff at Fort Greene bor, north of a line ranging 106 from
toward Rose Island Light. Beaver Head Point Shoal Buoy 2 to-
(i) In this area the requirements of ward the Jamestown standpipe; east of
the naval service will predominate a line ranging 14 from Beaver Head
from May 1 to October 1, but will at all Point Shoal Buoy 2 toward the inshore
times be subject to such adjustment as end of the engineer wharf, Dutch Is-
may be necessary to accommodate all land; southeast of a line ranging 50
classes of vessels that may require an- from Dutch Island Light toward the
chorage room. windmill north of Jamestown; and
(ii) Temporary floats or buoys for south of a line parallel to and 100 yards
marking anchors or moorings in place southwesterly from a line ranging 132
will be allowed in this area. Fixed from the engineer wharf, Dutch Island,
mooring piles or stakes will not be al- and the west ferry wharf, Jamestown.
lowed. (i) Temporary floats or buoys for
(b) West Passage(1) Anchorage H. marking anchors or moorings in place
North of a line 1,000 yards long bearing will be allowed in this area. Fixed
88 from Bonnet Point; west of a line mooring piles or stakes will not be al-
bearing 3 from the eastern end of the lowed.
last-described line; and south of a line (5) Anchorage L. North of a line rang-
ranging 302 through a point 200 yards ing 101 from a point on shore 300 yards
south of the Kearny wharf toward the northerly of the Saunderstown ferry
church spire at South Ferry, Boston wharf toward the entrance to Round
Neck. Swamp, Conanicut Island; west of a
(i) Temporary floats or buoys for line bearing 15 parallel to and 1,000
marking anchors or moorings in place feet westerly from a line joining the
will be allowed in this area. Fixed western point of Dutch Island and
mooring piles or stakes will not be al- Twenty-three Foot Rock Buoy 4, and a
lowed. line ranging 6 from Dutch Island Light
(2) Anchorage I. North of a line 1,000 toward Warwick Light; and south of a
yards long bearing 88 from Bonnet line ranging 290 from Sand Point,
Point to the shore at Austin Hollow; Conanicut Island, to Wickford Harbor
east of a line bearing 183 from Dutch Light, and a line bearing 226 from
Island Light; and south of a line rang- Wickford Harbor Light to Poplar Point
ing 302 through a point 200 yards south tower.
of the Kearny wharf toward the church (i) Temporary floats or buoys for
spire at South Ferry, Boston Neck. marking anchors or moorings in place
(i) Temporary floats or buoys for will be allowed in this area. Fixed
marking anchors or moorings in place mooring piles or stakes will not be al-
will be allowed in this area. Fixed lowed.
456
(6) Anchorage M. East and north of age areas defined in paragraphs (a), (b)
Dutch Island, northeast of a line rang- and (c) of this section.
ing 316 from the inshore end of the (2) Anchors must not be placed out-
west ferry wharf, Jamestown, toward side the anchorage areas, nor shall any
the north end of Dutch Island to a vessel be so anchored that any portion
point bearing 88, 200 yards, from the of the hull or rigging shall at any time
engineer wharf, Dutch Island, thence extend outside the boundaries of the
ranging 3 toward the shore of anchorage area.
Conanicut Island at Slocum Ledge; (3) Any vessel anchoring under the
north of a line 200 yards off the Dutch circumstances of great emergency out-
Island shore ranging 281 from the en- side the anchorage areas must be
trance to Round Swamp toward a point placed near the edge of the channel and
on shore 300 yards northerly from the in such position as not to interfere
Saunderstown ferry wharf; east of a with the free navigation of the chan-
line ranging 15 from the western point nel, nor obstruct the approach to any
of Dutch Island to Twenty-three Foot
pier, nor impede the movement of any
Rock Buoy 4; and south of a line bear-
boat, and shall move away imme-
ing 77 from Twenty-three Foot Rock
diately after the emergency ceases, or
Buoy 4 to the shore.
upon notification by an officer of the
(i) Temporary floats or buoys for
Coast Guard.
marking anchors or moorings in place
will be allowed in this area. Fixed (4) A vessel upon being notified to
mooring piles or stakes will not be al- move into the anchorage limits or to
lowed. shift its position on anchorage grounds
(7) Anchorage N. West of the north must get under way at once or signal
end of Conanicut Island, south of a line for a tug, and must change position as
bearing 262 from Conanicut Island directed with reasonable promptness.
Light; east of a line bearing 8 from (5) Whenever the maritime or com-
Twenty-three Foot Rock Buoy 4; and mercial interests of the United States
north of a line ranging 290 from Sand so require, any officer of the Coast
Point toward Wickford Harbor Light. Guard is hereby empowered to shift the
(i) Temporary floats or buoys for position of any vessel anchored within
marking anchors or moorings in place the anchorage areas, of any vessel an-
will be allowed in this area. Fixed chored outside the anchorage areas,
mooring piles or stakes will not be al- and of any vessel which is so moored or
lowed. anchored as to impede or obstruct ves-
(c) Bristol Harbor(1) Anchorage O. sel movements in any channel.
South of the south line of Franklin (6) Nothing in this section shall be
Street extended westerly; west of a line construed as relieving the owner or
bearing 16430 parallel to and 400 feet person in charge of any vessel from the
westerly from the State harbor line be- penalties of the law for obstructing
tween Franklin and Constitution navigation or for obstructing or inter-
Streets, and of a line ranging 244 from fering with range lights, or for not
a point on the north line of Constitu- complying with the navigation laws in
tion Street extended 400 feet beyond regard to lights, fog signals, or for oth-
the State harbor line toward Usher erwise violating the law.
Rock Buoy 3; and north of the north
line of Union Street extended to the [CGFR 6746, 32 FR 17728, Dec. 12, 1967]
Popasquash Neck shore. EDITORIAL NOTE: For FEDERAL REGISTER ci-
(i) Temporary floats or buoys for tations affecting 110.145, see the List of CFR
marking anchors or moorings in place Sections Affected, which appears in the
will be allowed in this area. Fixed Finding Aids section of the printed volume
mooring piles or stakes will not be al- and on GPO Access.
lowed.
110.147 New London Harbor, Conn.
(d) The regulations. (1) Except in cases
of great emergency, no vessel shall be (a) The anchorage grounds(1) An-
anchored in the entrances to Narragan- chorage A. In the Thames River east of

sett Bay, in Newport Harbor, or in Shaw Cove, bounded by lines con-
Bristol Harbor, outside of the anchor- necting points which are the following
457
110.148 33 CFR Ch. I (7110 Edition)
bearings and distances from Monu- cases of emergency, no other vessel

ment, Groton (latitude 412118 N., lon- may anchor in Anchorage F without
gitude 720448 W.): 243, 1,400 yards; permission from the Captain of the
246, 925 yards; 217, 1,380 yards; and Port, New London, CT.
235, 1,450 yards. (3) Except in emergencies, vessels
(2) Anchorage B. In the Thames River shall not anchor in New London Harbor
southward of New London, bounded by or the approaches thereto outside the
lines connecting points which are the anchorages defined in paragraph (a) of
following bearings and distances from this section unless authorized to do so
New London Harbor Light (latitude by the Captain of the Port.
411859 N., longitude 720525 W.): 002,
2,460 yards; 009, 2,480 yards; 026, 1,175 [CGD3804A, 46 FR 48193, Oct. 1, 1981, as
yards; and 008, 1,075 yards. amended by CGD3 8556, 51 FR 32318, Sept. 11,
(3) Anchorage C. In the Thames River 1986]
southward of New London Harbor,
110.148 Johnsons River at Bridge-
bounded by lines connecting a point port, Conn.
bearing 100, 450 yards from New Lon-
don Harbor Light, a point bearing 270, (a) The anchorage grounds. In John-
575 yards from New London Ledge sons River, beginning at a point A
Light (latitude 411821 N., longitude latitude 411012.3, longitude 730950.2;
720441 W.), and a point bearing 270, thence westerly to a point B latitude
1,450 yards from New London Ledge 411012.3, longitude 730952.1; thence
Light. southwesterly to point C latitude
(4) Anchorage D. In Long Island 411010, longitude 730954.9; thence
Sound approximately two miles west- south southwesterly to point D lati-
southwest of New London Ledge Light, tude 411005, longitude 730956.1;
bounded by lines connecting points thence southeasterly to point E lati-
which are the following bearings and tude 411004, longitude 730955.9;
distances from New London Ledge thence northeasterly to point F lati-
Light: 246, 2.6 miles; 247, 2.1 miles; tude 411005, longitude 730954.5;
233, 2.1 miles; and 235, 2.6 miles. thence northerly to point G latitude
(5) Anchorage E. The waters at the 411005.8, longitude 730954.5; thence
mouth of New London Harbor one mile northeasterly to the point of begin-
southeast of New London Ledge Light ning.
beginning at latitude 411726 N., lon- (b) The regulations. The anchorage is
gitude 720421 W.; thence northeast- for use by commercial and pleasure
erly to latitude 411738 N., longitude craft. Temporary floats or buoys for
720354 W.; thence southeasterly to marking anchors or moorings will be
latitude 411650 N., longitude 720316 allowed. The anchoring of vessels and
W.; and thence southwesterly to lati- placing of temporary anchors or moor-
tude 411638 N. longitude 720343 W.; ing piles are under the jurisdiction of
and thence northwesterly to the point the local harbor master. Fixed mooring
of beginning. piles or stakes will not be allowed.
(6) Anchorage F. The waters off the
mouth of New London Harbor two 110.150 Block Island Sound, N.Y.
miles southeast of New London Ledge
Light beginning at latitude 411600 N., (a) The anchorage ground. A 34- by 2-
longitude 720313 W.; thence westerly mile rectangular area approximately 3
to latitude 411600 N., longitude miles east-northeast of Gardiners Is-
720338 W.; thence northerly to lati- land with the following coordinates:
tude 411635 N., longitude 720338 W.; latitude 410612 N., longitude 720005
thence easterly to latitude 411635 N., W., latitude 410740 N., longitude
longitude 720313 W.; and thence 720154 W.; latitude 410812 N., lon-
southerly to the point of beginning. gitude 720110 W.; latitude 410646 N.,
(b) The regulations(1) Anchorage A longitude 715918 W.
is for barges and small vessels drawing (b) The regulations. This anchorage
less than 12 feet. ground is for use of U.S. Navy sub-

(2) Anchorage F is reserved for the marines. No vessel or person may ap-
use of naval vessels and, except in proach or remain within 500 yards of a
458
U.S. Navy submarine anchored in this Harbor, Larchmont, to Hicks Ledge

anchorage ground. Buoy 2H; north of a line ranging from
[CGFR 70114A, 36 FR 5604, Mar. 25, 1971]
Hicks Ledge Buoy 2H to Duck Point;
and in Echo Bay north and west of the
110.155 Port of New York. channel.
(a) Long Island Sound(1) Anchorage NOTE: The special anchorage area in this
No. 1. Southwest of a line between Nep- anchorage is described in 110.60(b1).
tune Island and Glen Island ranging (4) Anchorage No. 2. West of a line
from Aunt Phebe Rock Light and tan- from Locust Point tangent to the
gent to the north edge of Glen Island; northeasterly sea wall at Throgs Neck.
southwest of a line tangent to the
northeast edge of Glen Island and NOTE: Special anchorage areas in this an-
chorage are described in 110.60.
Goose Island breakwater; southwest of
a line bearing southeasterly from the (5) Anchorage No. 3. Northeast of a
southwest end of Goose Island break- line from the south side of Barker
water and on range with the south Point to Gangway Rock Bell Buoy 27;
gable of the Casino on the northeast southeast of a line from Gangway Rock
end of Glen Island; west of a line rang- Bell Buoy 27 to Sands Point Reef
ing from the east edge of Goose Island Lighted Buoy 25; and southwest of a
breakwater to the west edge of the line from Sands Point Reef Lighted
north end of Hart Island; west of Hart Buoy 25 through Sands Point Light to
Island; and northwest of a line extend- Sands Point.
ing from Hart Island Light to Locust (6) Anchorage No. 4. Manhassett Bay,
Point; excluding from this area, how- excluding the seaplane restricted area
ever, (i) the waters northeast of a line described in 207.35; and that portion of
ranging 303 from the southwest end of Long Island Sound northeast of a line
Hart Island; northwest of a line rang- ranging from Stepping Stones Light
ing from the water tank at the north through Elm Point Buoy 2 to Elm
end of Davids Island 20740 to the Point; southeast of a line ranging from
northwest end of City Island; and south Stepping Stones Light to Gangway
of latitude 405212; and (ii) the waters Rock Bell Buoy 27; and southwest of
west of Hunter Island; and south of a Anchorage No. 3.
line ranging from the most southerly NOTE: Special anchorage areas in this an-
end of Glen Island tangent to the most chorage are described in 110.60.
northerly end of Hunter Island.
(i) Boats shall not anchor in this area (7) Anchorage No. 5. In Little Neck
in buoyed channels. Bay; and east of a line ranging from
(ii) Boats shall be so anchored as to Fort Totten flagpole to Hart Island
leave at all times an open, usable chan- Light; and south of Anchorage No. 4.
nel, at least 50 feet wide, west and NOTE: Special anchorage areas in this an-
south of Glen Island. chorage are described in 110.60.
NOTE: Special anchorage areas in this an- (b) East River(1) Anchorage No. 6. On
chorage are described in 110.60. Hammond Flats north of a line bearing
(2) Anchorage No. 1A. Southwest of a 260 from the head of the pier on
line ranging from Duck Point, Echo Throgs Neck at the foot of Pennyfield
Bay, through Bailey Rock Lighted Avenue to the north tower of Bronx-
Buoy 3 BR; northwest of a line ranging Whitestone Bridge at Old Ferry Point.
from Hicks Ledge Buoy 2H to Old Tom (2) Anchorage No. 7. South of a line
Head Rocks Buoy 4; and north of a line from Whitestone Point to the outer end
ranging from Old Tom Head Rocks of Willets Point Wharf.
Buoy 4 to the southernmost point of (3) Anchorage No. 8. North of a line
Davenport Neck. bearing 259 between the north tower of
the Bronx-Whitestone Bridge at Old
NOTE: The special anchorage area in this Ferry Point and a point at latitude
anchorage is described in 110.60(b1).
404757, longitude 735216; thence east
(3) Anchorage No. 1B. West of a line of a line bearing 0 to latitude 404806;
ranging from the point on the south- thence southeast of a line parallel to
west side of the entrance to Horseshoe the bulkhead extending northeasterly
459
110.155 33 CFR Ch. I (7110 Edition)
to latitude 404820; thence north of a (2) Anchorage No. 17. North of a line
line bearing 296 to shore. bearing 66 from shore to a point at
(4) Anchorage No. 9. East of a line latitude 405134, longitude 735654;
from College Point Reef Light tangent thence west of a line bearing 29 to lati-
to the west side of College Point; and tude 405227, longitude 735616; thence
south of a line from College Point Reef 20 to latitude 405417, longitude
Light to Whitestone Point. 735523; thence 15 to latitude 405620,
(5) Anchorage No. 10. An area in longitude 735439; thence south of a
Flushing Bay, beginning at a point on line bearing 284 to shore.
shore at La Guardia Airport at latitude (i) When the use of Anchorage No. 17
404649, longitude 735221; thence to is required by naval vessels, the vessels
latitude 404720, longitude 735155; anchored therein shall move when the
and thence to a point on shore at Col- Captain of the Port directs them.
lege Point at latitude 404738, lon- (3) Anchorage No. 18A. East of lines
gitude 735115; and an area on the west bearing 8 from the northwest corner of
side of Bowery Bay, beginning at a the crib icebreaker north of the New
point on shore at latitude 404658, lon- York Central Railroad Company draw-
gitude 735346; thence to latitude bridge across Spuyten Duyvil Creek
404703, longitude 735339; thence to (Harlem River) to a point 250 yards off-
latitude 404700, longitude 735331; shore and on line with the New York
thence to latitude 404655, longitude Central Railroad signal bridge at the
735332; and thence to a point on shore foot of West 231st Street, extended, at
at latitude 404649, longitude 735339. Spuyten Duyvil, Bronx, New York;
thence bearing 19 to the channelward
NOTE: Special anchorage areas in this an-
chorage are described in 110.60.
face of the Mount St. Vincent Dock at
the foot of West 261st Street, River-
(6) Anchorage No. 11. An area in East dale, Bronx, New York.
River beginning at a point on a (i) When the use of Anchorage No. 18
pierhead at latitude 404755, longitude A is required by naval vessels the ves-
735319.5; thence to latitude 404740, sels anchored therein shall move when
longitude 735158; and thence to a the Captain of the Port directs them.
point on shore at latitude 404716, lon- (4) [Reserved]
gitude 735215. (5) Anchorage No. 19. An area located
(7) [Reserved] east of the Weehawken-Edgewater
(8) Anchorage No. 14. In Hallets Cove, Channel beginning at a point on the
east of a line from a point on shore 100 Manhattan shoreline at latitude
feet west of the southerly prolongation 404647.8 N., longitude 735922.3 W.;
of 2d Street, Astoria, to Gibbs Point. thence to latitude 404659.8 N., lon-
(c) Hudson River(1) Anchorage No. gitude 735952.8 W.; thence to latitude
16. North of a line on a range with the 404742.5 N., longitude 735918 W.;
north side of the north pier of the thence to latitude 404827 N., lon-
Union Dry Dock and Repair Company gitude 735845.5 W.; thence to latitude
Shipyard, Edgewater, New Jersey; west 404928 N., longitude 735806.2 W.;
of a line ranging 25 from a point 120 thence to latitude 405015.5 N., lon-
yards east of the east end of said pier gitude 735718 W.; thence to latitude
to a point (500 yards from the shore and 405102.3 N., longitude 735659 W.;
915 yards from the Fort Lee flagpole) thence to a point on the Manhattan
on a line ranging approximately 10022 shoreline at latitude 405100.8 N., lon-
from the Fort Lee flagpole toward the gitude 735651 W.; thence following the
square chimney on the Medical Center shoreline to the point of beginning.
Building at 168th Street, Manhattan; (i) No vessel may anchor in Anchor-
and south of said line ranging between age No. 19 without permission from the
the Fort Lee flagpole and the square Captain of the Port.
chimney on the Medical Center Build- (ii) Each vessel shall report its posi-
ing. tion within Anchorage No. 19 to the
(i) When the use of Anchorage No. 16 Captain of the Port immediately after
is required by naval vessels, the vessels anchoring.

anchored therein shall move when the (iii) No vessel may conduct
Captain of the Port directs them. lightering operations in Anchorage No.
460
19 without permission from the Captain (i) See 33 CFR 110.155 (d)(6), (d)(16),
of the Port. and (l).
(iv) When the use of Anchorage No. 19 (4) Anchorage No. 20D. That area en-
is required by naval vessels, the vessels closed by coordinates starting at
anchored therein shall move when the 404109.5 N., 740249.5 W.; to 404059.2
Captain of the Port directs them. N., 740227.9 W.; to 404044.5 N.,
(v) No vessel over 800 feet, in length 740237.5 W.; to 404042.7 N., 740307.6
overall, or 40 feet in draft may anchor W.; thence back to 404109.5 N.,
in Anchorage No. 19 unless it notifies 740249.5 W.
the Captain of the Port at least 48 (i) See 33 CFR 110.155 (d)(6), (d)(16),
hours before it arrives in New York and (l).
Harbor. (5) Anchorage No. 20E. That area en-
(vi) No vessel may occupy this an- closed by coordinates starting at
chorage for a period of time in excess 404038.2 N., 740259.6 W.; to 404039.4
of 96 hours without prior approval of N., 740240.9 W.; to 404009.2 N.,
the Captain of the Port. 740300.7 W.; to 404024.4 N., 740324.6
(6) Anchorage No. 19A. An area lo- W.; thence back to 404038.2 N.,
cated west of Hyde Park enclosed by 740259.6 W.
the coordinates starting at 414835 N (i) See 33 CFR 110.155 (d)(6), (d)(16),
0735700 W; to 414835 N 0735644 W; and (l).
to 414732 N 0735650 W; to 414732 N (6) No vessel may occupy this anchor-
0735710 W; thence back to 414835 N age for a period of time in excess of 72
0735700 W (NAD 1983). hours without the prior approval of the
(i) No vessel may anchor in Anchor- Captain of the Port.
age 19A from December 16 to the last (7) Anchorage No. 20F. All waters
day of February without permission bound by the following points:
from the Captain of the Port, New 404012.2 N, 0740339.9 W; thence to
York. 403953.9 N, 0740309.6 W; thence to
(ii) No vessel less than 20 meters in 403938.9 N, 0740319.5 W; thence to
length may anchor in Anchorage 19A 403953.5 N, 0740353.7 W; thence to
without prior approval of the Captain the point of origin (NAD 83).
of the Port, New York. (i) See 33 CFR 110.155 (d)(9), (d)(16),
(d) Upper Bay(1) Anchorage No. 20A. and (l).
That area enclosed by coordinates (ii) [Reserved]
starting at 404202.5 N., 740225.5 W.; (8) Anchorage No. 20G. That area en-
to 404206.5 N., 740219.5 W.; to closed by coordinates starting at
404205.0 N., 740158.4 W.; to 404154.5 403930.1 N., 740408.0 W.; to 403932.0
N., 740159.2 W.; thence to 404153.0 N., 740353.5 W.; to 403927.5 N.,
N., 740223.0 W. 740342.5 W.; to 403913.0 N., 740351.0
(i) See 33 CFR 110.155 (d)(6), (d)(16), W.; to 403909.5 N., 740423.1 W.;
and (l). thence back to 403930.1 N., 740408.0
(2) Anchorage No. 20B. That area en- W.
closed by coordinates starting at (i) See 33 CFR 110.155 (d)(9), (d)(16),
404147.0 N., 740231.5 W.; to 404142.0 and (l).
N., 740102.0 W.; to 404135.3 N., (9) This anchorage is designated a
740204.2 W., to 404129.9 N., 740207.8 naval anchorage. The Captain of the
W.; to 404142.6 N., 740232.7 W.; Port may permit commercial vessels to
thence back to 404147.0 N., 740231.5 anchor temporarily in this anchorage,
W. ordinarily not more than 24 hours,
(i) See 33 CFR 110.155 (d)(6), (d)(16), when the anchorage will not be needed
and (l). for naval vessels. Upon notification of
(3) Anchorage No. 20C. That area en- an anticipated naval arrival, any com-
closed by coordinates starting at mercial vessel so anchored must relo-
404142.0 N., 740243.0 W.; to 404125.4 cate at its own expense.
N., 740210.7 W.; to 404101.7 N., (10) Anchorage No. 21A. That area en-
740226.2 W.; to 404109.0 N., 740241.5 closed by coordinates starting at
W.; to 404120.0 N., 740259.2 W.; 404022.5 N., 740135.2 W.; to 404020.5
thence back to 404142.0 N., 740243.0 N., 740127.7 W.; to 403948.9 N.,
W. 740122.4 W.; to 403854.7 N., 740218.9
461
110.155 33 CFR Ch. I (7110 Edition)
W.; to 403903.0 N., 740226.3 W.; (iii) No vessel with a length overall
thence back to 404022.5 N., 740135.2 in excess of 670 feet (204.216 meters)
W. may occupy this anchorage without
(i) See 33 CFR 110.155 (d)(16) and (l). the prior approval of the Captain of the
(ii) No vessel may occupy this an- Port.
chorage for a period of time in excess (iv) No vessel with a draft of 40 feet
of 96 hours without prior approval of (12.192 meters) or more may occupy
the Captain of the Port. this anchorage without the prior ap-
(11) Anchorage No. 21B. That area en- proval of the Captain of the Port unless
closed by coordinates starting at it anchors within 5 hours after ebb cur-
404023.8 N., 740210.9 W.; to 404026.2 rent begins at the Narrows.
N., 740149.5 W.; to 404022.5 N., (v) See 33 CFR 334.85 for information
740135.2 W.; to 403903.0 N., 740226.3 on anchoring near the U.S. Navy re-
W.; to 403854.7 N., 740218.9 W.; to stricted area adjacent to this anchor-
403843.7 N., 740230.3 W.; to 403919.3 age.
N., 740303.3 W.; to 403922.3 N., (14) Anchorage No. 23B. That area
740302.4 W.; to 404018.6 N., 740225.5 enclosed by coordinates starting at
W.; thence back to 404023.8 N., 403749.8 N., 740350.1 W.; to 403749.5
740210.9 W. N., 740325.7 W.; to 403727.0 N.,
(i) See 33 CFR 110.155 (d)(16) and (l). 740318.1 W.; to 403723.0 N., 740359.0
(ii) No vessel with a draft of 10 feet W.; to 403730.0 N., 740404.0 W.; to
(3.048 meters) or less may occupy this 403737.5 N., 740346.0 W.; thence back
anchorage without the prior approval to 403749.8 N., 740350.1 W.
of the Captain of the Port. (i) See 33 CFR 110.155(d)(13) (ii) and
(iii) No vessel may occupy this an- (iv), (d)(16), and (l).
chorage for a period of time in excess (ii) No vessel with a length overall of
of 96 hours without prior approval of 670 feet (204.216 meters) or less may oc-
the Captain of the Port. cupy this anchorage without the prior
(12) Anchorage No. 21C. That area en- approval of the Captain of the Port.
closed by coordinates starting at (iii) See 33 CFR 334.85 for information
403919.3 N., 740303.3 W.; to 403843.7 on anchoring near the U.S. Navy re-
N., 740230.3 W.; to 403841.6 N., stricted area adjacent to this anchor-
740232.5 W.; to 403803.0 N., 740248.7 age.
W.; to 403803.0 N., 740303.5 W.; to (15) Anchorage No. 24. That area en-
403838.4 N., 740315.5 W.; thence back closed by coordinates starting at
to 403919.3 N., 740303.3 W. 403723.0 N., 740359.0 W.; to 403727.0
(i) See 33 CFR 110.155 (d)(16) and (l). N., 740318.1 W.; to 403640.1 N.,
(ii) No vessel with a draft of 33 feet 740302.2 W.; to 403625.5 N., 740256.4
(10.0584 meters) or less may occupy this W.; to 403621.0 N., 740311.0 W.; to
anchorage without the prior approval 403625.0 N., 740317.5 W.; thence back
of the Captain of the Port. to 403723.0 N., 740359.0 W.
(iii) No vessel may occupy this an- (i) See 33 CFR 110.155(d)(13) (ii) and
chorage for a period of time in excess (iv), (d)(16), and (l).
of 96 hours without prior approval of (ii) No vessel with a length overall of
the Captain of the Port. less than 800 feet (243.84 meters), or
(13) Anchorage No. 23A. That area with a draft of less than 40 feet (12.192
enclosed by coordinates starting at meters) may occupy this anchorage
403836.5 N., 740413.5 W.; to 403837.0 without the prior approval of the Cap-
N., 740349.0 W.; to 403823.4 N., tain of the Port.
740337.2 W.; to 403749.5 N., 740325.7 (16) Any vessel anchored in or intend-
W.; to 403749.8 N., 740350.1 W.; to ing to anchor in Federal Anchorage 20
403750.0 N., 740350.2 W.; to 403753.0 A through 20G, 21A through 21C, 23
N., 740407.0 W.; thence back to A and 23B, 24 or 25 must comply with
403836.5 N., 740413.5 W. the following requirements:
(i) See 33 CFR 110.155 (d)(16) and (l). (i) No vessel may anchor unless it no-
(ii) No vessel may occupy this an- tifies the Captain of the Port when it
chorage for a period of time in excess anchors, of the vessels name, length,
of 48 hours without the prior approval draft, and its position in the anchor-
of the Captain of the Port. age.
462
(ii) Each vessel anchored must notify of 96 hours without prior approval of
the Captain of the Port when it weighs the Captain of the Port.
anchor. (f) Lower Bay(1) Anchorage No. 26. In
(iii) No vessel may conduct Sandy Hook Bay south of a line extend-
lightering operations unless it notifies ing from Point Comfort to Sandy Hook
the Captain of the Port before it begins Point Light.
lightering operations. NOTE: Anchorages Nos. 49F and 49G in
(iv) Each vessel lightering must no- this area are reserved for vessels carrying ex-
tify the Captain of the Port at the ter- plosives (see paragraphs (m)(2) and (3) of this
mination of lightering. section) and are excluded from use as general
(v) No vessel may anchor unless it anchorages.
maintains a bridge watch, guards and (i) Pleasure or commercial craft may
answers Channel 16 FM, and maintains not navigate or moor within 750 yards
an accurate position plot. of the Naval Ammunition Depot Pier
(vi) If any vessel is so close to an- at Leonardo, New Jersey, nor anchor in
other that a collision is probable, each the approach channel or the turning
vessel must communicate with the basin adjacent thereto.
other vessel and the Captain of the (ii) When immediate action is re-
Port on Channel 16 FM and shall act to quired and representatives of the Coast
eliminate the close proximity situa- Guard are not present in sufficient
tion. force to exercise effective control of
(vii) No vessel may anchor unless it shipping, the Commanding Officer of
maintains the capability to get under- the Naval Ammunition Depot at Earle,
way within 30 minutes except with New Jersey, may control the anchorage
prior approval of the Captain of the or movement of any vessel, foreign or
Port. domestic, to the extent he deems nec-
(viii) No vessel may anchor in a essary to insure the safety and security
dead ship status (propulsion or con- of his command.
trol unavailable for normal operations) (2) Anchorage No. 27(i) Atlantic
without the prior approval of the Cap- Ocean. Beginning at Sandy Hook Light
tain of the Port. 15 to latitude 402852, longitude
(ix) Each vessel in a dead ship sta- 740003; thence to latitude 402841,
tus must engage an adequate number longitude 735854; thence to latitude
of tugs alongside during tide changes. 402558, longitude 735500; thence 180
A tug alongside may assume the Chan- to latitude 402346, thence 270 toward
nel 16 FM radio guard for the vessel Highland Light and Sandy Hook shore;
after it notifies the Captain of the thence following the easterly shoreline
Port. of Sandy Hook to the point of begin-
(x) No vessel may lighter in a dead ning.
ship status without prior approval (ii) Romer Shoal. All waters bound
from the Captain of the Port. by the following points: 402827.21N,
(e) Lower Bay(1) Anchorage No. 25. 0735645.84W; thence to 402947.70N,
That area enclosed by coordinates 0735646.23W; thence to 403125.38N,
starting at 403558.2 N., 740218.4 W.; 0740053.50W; thence to 403211.38N,
to 403612.0 N., 740129.0 W.; to 0740139.50W; thence to 403212.38N,
403603.0 N., 740052.5 W., to 403457.5 0740205.50W; thence to 403127.38N,
N., 740025.0 W.; to 403440.0 N., 0740205.50W; thence to 403013.38N,
740103.0 W.; to 403453.0 N., 740156.1 0740005.50W; thence to the point of or-
W.; to 403523.9 N., 740204.8 W.; igin (NAD 83).
thence back to 403558.2 N., 740218.4 (iii) Flynns Knoll. Beginning at Sandy
W. Hook Channel Lighted Bell Buoy 18;
(i) See 33 CFR 110.155(d)(16) and (l). thence along the north side of Sandy
(ii) When the use of this anchorage is Hook Channel to Sandy Hook Channel
required by naval vessels, any commer- Lighted Buoy; thence along the south-
cial vessels anchored therein must west side of Swash Channel to Junction
move when directed by the Captain of Buoy; thence along the east side of
the Port. Chapel Hill Channel to Chapel Hill

(iii) No vessel may occupy this an- Channel Buoy 2; and thence to the
chorage for a period of time in excess point of beginning.
463
110.155 33 CFR Ch. I (7110 Edition)
(3) Anchorage No. 28. West of lines 0740812.0 W; thence to 404036.6 N,

bearing 15430 from Fort Wadsworth 0740804.8 W; thence to 404054.5 N,
Light to Craven Shoal Lighted Bell 0740756.5 W; thence to 404103.3 N,
Buoy 19A, thence in succession to the 0740756.5 W; thence to the point of or-
buoys marking the east side of West igin (NAD 83).
Bank and the buoys on the west side of (4) Anchorage No. 37. North of the
Chapel Hill Channel to Southwest Spit Central Railroad of New Jersey bridge;
Junction Lighted Gong Buoy, thence east of a line ranging from a point 200
182 to a line extending from Sandy yards east of the east pier of the east
Hook Point Light to Point Comfort; lift span of the bridge to a point 200
north of the latter line and the New yards east of the east end of the lift
Jersey shore; and east of a line bearing span of the Pennsylvania-Lehigh Val-
353 from the head of the Keansburg ley Railroad bridge; and south of the
Steamboat Pier at Point Comfort, latter bridge.
through Great Kills Flat Buoy 4, to the
NOTE: A portion of this general anchorage
Staten Island shore; excluding from
is described as a special anchorage in
this area, however, (i) the waters west 110.60(q).
of a line ranging from the stack on
Hoffman Island 344 through the north- (i) Arthur Kill(1) Anchorage No. 41.
east corner of the T-shaped pier at The passage between Pralls Island and
South Beach; northwest of a line rang- Staten Island included between a line
ing from Great Kills Light 39 and tan- running 29 from the extreme north-
gent to the offshore face of the T- west point of Pralls Island to a point
shaped pier at Midland Beach; and on Staten Island and a line from the
northeast of a line ranging from the southern point of Pralls Island to the
stack on Swinburne Island 301 to the north side of the mouth of Neck Creek
shore end of the north jetty at New at Travis, Staten Island.
Creek; and (ii) the waters west of a line (2) Anchorage No. 42. East of lines
ranging from Conover Light at ranging from the head of the
Leonardo, New Jersey, 340 through Old Tottenville Shipyard Company pier at
Orchard Shoal Light; northwest of a Tottenville, Staten Island, to the first
line bearing 230 from the stack on pier of the Outerbridge Crossing west
Hoffman Island; and northeast of a line from the Staten Island shore, thence to
ranging from Great Kills Light 332 Arthur Kill Light 10, thence to Arthur
through Marine Park Light at Crooks Kill Light 14, and thence to Arthur Kill
Point. Lighted Buoy 16; and south of a line
from thence to Smoking Point.
NOTE: A special anchorage area in this an-
(j) Raritan Bay(1) Anchorage No. 44.
chorage is described in 110.60(r1).
An area in Raritan Bay located at the
(g) [Reserved] junction of Arthur Kill and Raritan
(h) Newark Bay. (1) Anchorage No. 34. River, beginning at a point at latitude
All waters bound by the following 403007, longitude 741530; thence to
points: 403851.5 N, 0741035.6 W; latitude 403001, longitude 741530;
thence to 403920.2 N, 0740950.8 W; thence to latitude 402927, longitude
thence to 403941.4 N, 0740930.2 W; 741506; thence to latitude 402924,
thence to 403929.6 N, 0740858.0 W; longitude 741501; thence to latitude
thence to 403921.7 N, 0740850.8 W; 402915, longitude 741455; thence to
thence to 403908.0 N, 0740858.9 W; latitude 402914, longitude 741525;
thence to 403849.9 N, 0740920.0 W; thence to latitude 402948, longitude
thence to 403853.5 N, 0740937.1 W; 741548; and thence to the point of be-
thence to 403852.0 N, 0740941.6 W; ginning.
thence to the point of origin (NAD 83). (i) The anchorage is restricted to
(2) [Reserved] deep-draft vessels except that barges
(3) Anchorage No. 36. All waters bound may moor in that portion of the an-
by the following points: 404113.1 N, chorage southerly of latitude 402922.
0740806.1 W; thence to 404112.7 N, (ii) No vessel shall occupy the deep-
0740809.9 W; thence to 404051.0 N, draft portion of the anchorage for a

0740829.7 W; thence to 404044.7 N, longer period than 48 hours without a
0740829.8 W; thence to 404034.0 N, permit from the Captain of the Port.
464
(2) Anchorage No. 45. West of the Rari- (2) Except in cases of great emer-
tan Bay Channel leading into Arthur gency, no vessel shall be anchored in
Kill; north of the Raritan River Chan- the navigable waters of the Port of
nel leading into Raritan River; and New York outside of the anchorage
east of the Cutoff Channel between areas established in this section, nor
Raritan River and Arthur Kill, except cast anchor within a cable or pipe line
that part of the said area occupied by area shown on a Government chart, nor
Anchorage No. 44. be moored, anchored, or tied up to any
(3) [Reserved] pier, wharf, or vessel in such manner as
(4) Anchorage No. 46. West of the west to obstruct or endanger the passage of
limit of Anchorage No. 28, as defined by any vessel in transit by, or to or from,
a line bearing 353 from the head of the adjacent wharves, piers, or slips.
Keansburg Steamboat Pier at Point
(3) No vessel shall occupy for a longer
Comfort, through Great Kills Flat
period than 30 days, unless a permit is
Buoy 4 to the Staten Island shore;
obtained from the Captain of the Port
north of Raritan Bay Channel as de-
for that purpose, any anchorage for
fined by the buoys and lights marking
the north side of the channel, including which the time of occupancy is not
Princess Bay; northeast of Raritan Bay otherwise prescribed in this section. No
Channel leading into Arthur Kill; and vessel in a condition such that it is
south of a line bearing 243 from the likely to sink or otherwise become a
gable of a house at Ward Point, Staten menace or obstruction to navigation or
Island. anchorage of other vessels shall occupy
(5) Anchorage No. 47. South of the an anchorage except in an emergency,
Raritan River Channel from opposite and then only for such period as may
the Sun Oil Company pier at South be permitted by the Captain of the
Amboy to Raritan River Buoy 3; thence Port.
south of a line in the direction of (4) Whenever, in the opinion of the
Boundary Daybeacon to latitude Captain of the Port, such action may
402848.5, longitude 741431.6; thence be necessary, that officer may require
south of lines through Raritan Bay any or all vessels in any designated an-
Light 7B, Raritan Bay Light 3A, and chorage area to moor with two or more
the buoys marking the south side of anchors.
Raritan Bay Channel Off Seguine Point (5) Every vessel whose crew may be
to the west limit of Anchorage No. 28 reduced to such number that it will not
as defined by a line bearing 353 from have sufficient men on board to weigh
the head of the Keansburg Steamboat anchor at any time shall be anchored
Pier through Great Kills Flat Buoy 4 to with two anchors, with mooring swivel
the Staten Island shore; and west of put on before the crew shall be reduced
the latter line. or released, unless the Captain of the
(i) Vessels shall not anchor in the
Port shall waive the requirement of a
channel to Keyport Harbor west of
mooring swivel.
lines ranging from Keyport Channel
Buoy 1 to Keyport Channel Buoy 9, (6) Anchors of all vessels must be
thence through Keyport Channel Buoys placed well within the anchorage areas,
11 and 13 to the northeast corner of the so that no portion of the hull or rig-
easterly steamboat wharf; and east of a ging shall at any time extend outside
line extending from a point 400 yards the boundaries of the anchorage area.
west of Keyport Channel Buoy 1 tan- (7) Any vessel anchoring under cir-
gent to the west shore at the mouth of cumstances of great emergency outside
Matawan Creek. of the anchorage areas must be placed
(k) [Reserved] near the edge of the channel and in
(l) General regulations. (1) No vessel in such position as not to interfere with
excess of 800 feet (243.84 meters) in the free navigation of the channel nor
length overall or 40 feet (12.192 meters) obstruct the approach to any pier nor
in draft may anchor unless it notifies impede the movement of any boat, and
shall move away immediately after the
the Captain of the Port at least 48

hours prior to entering Ambrose Chan- emergency ceases, or upon notification
nel. by the Captain of the Port.
465
110.155 33 CFR Ch. I (7110 Edition)
(8) The Captain of the Port may the PortNew York considers reason-
grant a revocable permit for the habit- able use of the mooring. Nonuse of a
ual maintenance and use of a given mooring up to 30 days during the boat-
mooring space in an anchorage area. ing season is deemed reasonable.
Application information for a mooring (x) Moorings for which permits have
permit is available from: expired without renewal or have been
Coast Guard Sector New York, Waterways revoked by the Captain of the Port
Management Division, 212 Coast Guard New York shall be removed by the
Drive, Staten Island, NY 10305. owner within 10 days of such expiration
or revocation.
(i) A mooring permit is issued to an
individual, for his exclusive use, of a (xi) Granting of a Captain of the
specific mooring, of a specific type, at PortNew York mooring permit does
a specific location, for a specific vessel. not give a right of access across private
(ii) Mooring permits shall expire on property. Arrangements for access
April 30 of the year after issuance. shall be made by the permit holder.
(iii) Mooring permits are not trans- (xii) Each person to whom a Captain
ferable. of the PortNew York mooring permit
(iv) Moorings are shown on the large is issued agrees to hold harmless the
scale chart which may be seen at the United States, its officers, agents, and
office of the Captain of the PortNew employees, for any death, personal in-
York. jury, or damage which may result from
(v) Mooring anchor, chain, and pend- the use of the permit or the rights
ant (if applicable) requirements are granted under the permit.
shown in Table 110.155(l)(7). These re- (xiii) No vessel shall continuously oc-
quirements may be waived or modified cupy a mooring when a vessel in reg-
by the Captain of the Port upon writ- ular traffic requires the berth or when
ten request from the applicant for such navigation would be menaced or incon-
waiver or modification. venienced thereby.
(vi) The mooring buoy shall be white (xiv) No vessel shall moor in any an-
in color with the Captain of the Port chorage in such a manner as to inter-
mooring permit number, in black let- fere with the use of a duly authorized
ters, clearly visible at all times. The mooring buoy. Nor shall any vessel
buoy is to extend not less than 1 foot moored to a buoy authorized by a Cap-
above the surface of the water at all tain of the PortNew York permit be
times, exclusive of flagstaffs, rings, moored such that any portion of that
quick pickup devices, etc. vessel comes within 50 feet of a marked
(vii) All required equipment shall be or dredged channel.
provided by, installed by, and remain (xv) No vessel shall be navigated
the property of the permit holder. within the limits of an anchorage at
(viii) Mooring equipment should be speed exceeding 6 knots when in the vi-
raised at least every 2 years, inspected cinity of a moored vessel.
for deterioration and replaced if nec- (xvi) In an emergency the Captain of
essary. the Port may shift the position of any
(ix) Each person holding a mooring unattended vessel moored in or near
permit shall make what the Captain of any anchorage.
TABLE 110.155(L)(7)
Anchor Pendant safe
Chain size in Pendant
Vessel length, in feet weight, in Anchor type Anchor scope working load
inches length in feet
pounds minimum
15 or less .............................. 100 ............... Mushroom or 3x MHW .......

5 16 ................ 4 ................... 4x anchor
navy. weight.
Greater than 15 but not 150 ............... Mushroom or 3x MHW ....... ..................
38 8 ................... Do.
greater than 21. navy.
Greater than 21 but not 200 ............... Mushroom or 3x MHW ....... ..................
38 10 ................. Do.
greater than 26. navy.
466
TABLE 110.155(L)(7)Continued
Anchor Pendant safe
Chain size in Pendant
Vessel length, in feet weight, in Anchor type Anchor scope working load
inches length in feet
pounds minimum
Greater than 26 ..................... 10 per foot of Mushroom or 3x MHW ....... for anchor
12 10 ................. Do.
vessel navy. of 400 # or
length. less, 58 if
greater
than 400 #.
(9) Barge dispensing stations and from the penalties of law for obstruct-
stake boats may be anchored in such ing navigation or for obstructing or
places as the Captain of the Port may interfering with range lights, or for not
designate. complying with the navigation laws in
(10) Upon approval of the District En- regard to lights, fog signals, or for oth-
gineer, Corps of Engineers, the Captain erwise violating law.
of the Port may permit wrecking plant (14) Any vessel prohibited by these
or other vessels legally engaged in re- rules from anchoring in a specific an-
covering sunken property, or in laying chorage because of the vessels length
or repairing pipe lines or cables legally or draft may anchor in the anchorage
established, or plant engaged in dredg- with permission from the Captain of
ing operations, to anchor within chan- the Port.
nels of the Port of New York. Permit (m) Anchorages for vessels carrying ex-
issued by the Captain of the Port is not plosives. (1) [Reserved]
necessary for plant engaged upon (2) Anchorage No. 49F (emergency
works of river and harbor improvement naval anchorage). That portion of
under the supervision of the District Sandy Hook Bay bounded by a line
Engineer, but the District Engineer bearing 170, 3,800 yards, from a point
will notify the Captain of the Port in bearing 28130, 2,050 yards from Sandy
advance of all such proposed work. Hook Light; thence 260, 500 yards;
(11) Whenever the maritime or com- thence 350, 3,800 yards; thence 080, 500
mercial interests of the United States yards, to the point of beginning.
so require, the Captain of the Port is
(i) This anchorage is to be used for
hereby empowered to shift the position
the anchorage of naval vessels during
of any vessel anchored within the an-
emergencies only.
chorage areas, of any vessel anchored
outside the anchorage areas, of any (ii) No pleasure or commercial craft
vessel which is so moored or anchored shall navigate or moor within this area
as to impede or obstruct vessel move- at any time when naval vessels which
ments in any channel or obstruct or are moored in the area display a red
interfere with range lights and of any flag by day or a red light by night.
vessel which, lying at the exterior end (3) Anchorage No. 49G (naval anchor-
of a pier or alongside an open bulk- age). That portion of Sandy Hook Bay
head, obstructs or endangers the pas- bounded by a line bearing 208, 1,350
sage of vessels in transit by, or to or yards, from a point bearing 29230, 3,600
from, adjacent wharf property or im- yards, from Sandy Hook Light; thence
pedes the movements of vessels enter- 298, 620 yards; thence 002, 1,250 yards;
ing or leaving adjacent slips. thence 107, 1,150 yards, to the point of
(12) A vessel upon being notified to beginning.
move into the anchorage limits or to (i) No pleasure or commercial craft
shift its position on anchorage shall navigate or moor within this area
grounds, shall get under way at once or at any time when vessels which are
signal for a tug, and shall change posi- moored in the area display a red flag
tion as directed, with reasonable by day or a red light by night.
promptness. (n) Regulations for explosive anchor-
(13) Nothing in this section shall be ages. (1) Anchorages Nos. 49F and 49G
construed as relieving any vessel or the are reserved for vessels carrying explo-
owner or person in charge of any vessel sives. All vessels carrying explosives
467
110.156 33 CFR Ch. I (7110 Edition)
shall be within these areas when an- if the vessel has no mast, and shall dis-
chored, except as provided in paragraph play by night a red light in the same
(n)(6) of this section. position specified for the flag.
(2) A written permit shall be obtained (8) When local regulations of any
from the Captain of the Port before place require previous local authority
vessels carrying explosives, or on for the transfer of explosives or fire-
which explosives are to be loaded, may works between vessels or between a
proceed to the anchorages provided for vessel and a wharf or other place
them; and no vessel shall occupy a ashore, the Captain of the Port will
berth in such anchorage except by au- permit the removal from the anchorage
thority of such permit, which permit of such vessel containing explosives to
may be revoked at any time. any place covered by such local regula-
(3) Vessels used in connection with tions only when he is satisfied that the
loading or unloading explosives on ves- required local authority has been
sels in anchorage areas, including tugs granted.
and stevedore boats, shall carry a writ-
ten permit from the Captain of the NOTE: The anchorage in this section are
Port. The Captain of the Port may, in regulated under Title I, Ports and Water-
ways Safety Act of 1972 as stated in
his discretion, require every person
110.1a(a) of this part. The penalties for vio-
having business on board vessels which lating regulations under this Act are stated
are being loaded with explosives, other in 110.1a(b) of this part.
than members of the crew, to have a
pass from the Captain of the Port in [CGFR 6746, 32 FR 17728, Dec. 12, 1967]
such form as he shall prescribe. Such EDITORIAL NOTE: For FEDERAL REGISTER ci-
permit or pass shall be shown whenever tations affecting 110.155, see the List of CFR
required by him or by his authorized Sections Affected, which appears in the
agents. Finding Aids section of the printed volume
(4) Whenever any vessel not fitted and on GPO Access.
with mechanical power anchors in the
explosives anchorages while carrying 110.156 Randall Bay, Freeport, Long
Island, N.Y.
explosives, the Captain of the Port may
require the attendance of a tug upon (a) The anchorage grounds. Southward
such vessel when in his judgment such of a line 312 feet south of and parallel
action is necessary. to the south side of Casino Street; east-
(5) Vessels carrying explosives shall ward of a line 215 feet east of and par-
comply with the general regulations in allel to the east side of West Side Ave-
paragraph (l) of this section when ap- nue, said line extending southerly to a
plicable. point 233 feet north of the prolonged
(6) The District Engineer, Corps of north side of Clinton Street; northeast-
Engineers, may authorize, in writing, a ward of a line from the last-mentioned
vessel carrying explosives for use on point to a point 243 feet southerly of
river and harbor works or on other the prolonged south side of Clinton
work under Federal permit issued by Street and 210 feet east of the east side
the District Engineer to anchor in or of Prospect Street; eastward of a line
near the vicinity of such work without 210 feet east of and parallel to the east
a permit from the Captain of the Port. side of Prospect Street; northward of a
The District Engineer will prescribe line 25 feet north of and parallel to the
the quantities of such explosives al- prolonged north side of Suffolk Street;
lowed on such vessel and the conditions westward of a line 210 feet west of and
under which they are to be stored and parallel to the west side of South Long
handled, and will furnish the Captain Beach Avenue, said line extending
of the Port with a copy of such safety northerly to a point 222 feet south of
instructions together with a copy of the prolonged south side of Queens
his written authorization. Street; southwestward of a line from
(7) Every vessel loading, unloading, the last-mentioned point to a point 74
transporting, or containing explosives feet northerly of the prolonged north
shall display by day a red flag at least side of Queens Street and 120 feet west
16 square feet in area at its masthead, of the west side of Roosevelt Avenue;
or at least 10 feet above the upper deck and westward of a line 120 feet west of
468
and parallel to the west side of Roo- follows: Beginning at a point bearing
sevelt Avenue. 105 from the northernmost point of
(b) The regulations. (1) When applied Reedy Island, 167 yards easterly of the
for, a berth in this anchorage, if avail- east edge of the channel along Reedy
able, may be assigned to any vessel by Island Range; thence 105, 800 yards;
the Captain of the Port of New York. thence 195, 4,500 yards; thence 285, 800
(2) The Captain of the Port is author- yards to a point (approximately lati-
ized to issue permits for maintaining tude 392858, longitude 753337 ) oppo-
mooring buoys within the anchorage. site the intersection of Reedy Island
The method of anchoring these buoys and Baker Ranges; and thence 15, 4,500
shall be as prescribed by the Captain of yards, to the point of beginning.
the Port. (4) Anchorage 3 southeast of Reedy
(3) No vessel shall anchor in the an- Point. Southeast of the entrance to the
chorage in such manner as to interfere Chesapeake and Delaware Canal at
with the use of a duly authorized moor- Reedy Point, bounded on the east by
ing buoy. the west edge of the channel along
(4) No vessel shall be navigated with- Reedy Island and New Castle Ranges;
in the anchorage at a speed exceeding on the west by a line beginning at a
six knots. point on the west edge of the channel
(5) In case of emergencies, the Cap- along Reedy Island Range at latitude
tain of the Port is authorized to shift 393143, thence to a point bearing
the position of any unattended vessel 16830, 3,150 yards, from Chesapeake
moored in or near the anchorage. and Delaware Canal 2 Light, and
thence to a point bearing 131, 1,160
110.157 Delaware Bay and River. yards, from Chesapeake and Delaware
(a) The anchorage grounds(1) An- Canal 2 Light; and on the north by a
chorage A off the entrance to the line running from the last-described
Mispillion River. In Delaware Bay point 11330, approximately 813 yards,
southwest of Brandywine Channel be- to the west edge of the channel along
ginning at latitude 385357 N., lon- New Castle Range.
gitude 750800 W., thence northwest- (5) Anchorage 4 north of Reedy Point.
erly to latitude 390122 N., longitude North of the entrance to the Chesa-
751325 W., thence southwesterly to peake and Delaware Canal at Reedy
latitude 390049 N., longitude 751457 Point, on the west side of the river,
W., thence southeasterly to latitude bounded as follows: Beginning at a
385322 N., longitude 750926 W., point (approximately latitude 393351,
thence northeasterly to the point of be- longitude 753335 ) 34458 true, 160
ginning. Supervision over the anchor- yards from Chesapeake and Delaware
ing of vessels and over all cargo trans- Canal Light 2; thence 30626, 1,442
fer operations in Anchorage A is exer- yards; thence 3626, 377 yards; thence
cised by the Captain of the Port, Phila- 12626, 1,442 yards; thence 21626, 377
delphia. The regulations of paragraphs yards to the point of beginning.
(b)(1) and (b)(2) of this section do not (6) Anchorage 5 southeast of Pea Patch
apply to this anchorage. Island. On the northeast side of the
(2) Anchorage 1 off Bombay Hook Point. channel along New Castle Range,
On the southwest side of the channel bounded as follows: Beginning at lati-
along Liston Range, bounded as fol- tude 393428, longitude 753306; thence
lows: Beginning at a point (approxi- 334, 2,343 yards; thence 64, 512 yards;
mately latitude 391759, longitude thence 154, 2,343 yards; and thence 244,
752307 ) bearing 228 from Ship John 512 yards, to the point of beginning.
Shoal Light, 167 yards southwest of the (7) Anchorage 6 off Deepwater Point.
southwest edge of the channel along Southeast of the entrance to Christina
Liston Range; thence 228, 2,000 yards; River, on the east side of the channel
thence 318, 8,000 yards; thence 48, 2,000 along Cherry Island Range, bounded as
yards; and thence 138, 8,000 yards, to follows: Beginning at latitude 394131,
the point of beginning. longitude 753055; thence 17, 2,747
(3) Anchorage 2 northwest of Artificial yards; thence 112, 847 yards; thence
Island. On the east side of the channel 215, 1,340 yards; thence 204, 893 yards;
along Reedy Island Range, bounded as thence 18630, 500 yards; and thence
469
110.157 33 CFR Ch. I (7110 Edition)
286, 377 yards, to the point of begin- (11) Anchorage 10 (naval) at Naval
ning. Vessels must not cast anchor in Base, Philadelphia. On the north side of
the cable area at the lower end of this the channel along West Horseshoe
anchorage except in case of emergency. Range, bounded as follows: Beginning
(8) Anchorage 7 off Marcus Hook. (i) On at the southeasterly corner of Pier 7
the southeast side of the channel along (approximately latitude 395311, lon-
Marcus Hook Range, bounded by a line gitude 750958.5 ); thence 174, 525
connecting the following points: yards, to the north edge of the channel
394917.254 N 752250.0994 W along West Horseshoe Range; thence
394839.984 N 752317.238 W 27330 along the edge of the channel,
394745.309 N 752501.278 W 880 yards; thence 354, 433 yards, to the
394743.111 N 752600.186 W southeasterly corner of Pier 1; and
(DATUM: NAD 83) thence 8830, 875 yards, to the point of
beginning. This is a restricted naval
(ii) A vessel that is arriving from or anchorage.
departing for sea and that requires an (12) Anchorage 11 at Gloucester. On the
examination by public health, customs, east side of the channel south of the
or immigration authorities shall an- Walt Whitman Bridge at Gloucester,
chor in the preferential area of this an- bounded as follows: Beginning at a
chorage designated for the use of ves- point on the east edge of the channel at
sels awaiting quarantine inspection, latitude 395416; thence 17430, 500
this area being the waters bounded by yards, to latitude 395402, longitude
the arc of a circle with a radius of 366 750743; thence 202, 1,133 yards; thence
yards and with the center located at: 21730, 1,142 yards, to the east edge of
394846.334 N 752326.881 W channel; thence northeasterly along
(DATUM: NAD 83)
the edge of the channel to the point of
beginning.
(iii) Should the remainder of the an- (13) Anchorage 12 between Gloucester
chorage be in use, the preferential and Camden. On the east side of the
area, when available, may be used by channel adjoining and on the upstream
vessels not subject to quarantine inside of Anchorage 11, from the Glouces-
spection. ter to Camden, bounded as follows: Be-
(9) Anchorage 8 off Thompson Point. On ginning at a point on the east edge of
the south side of the channel along the channel at latitude 395416; thence
Tinicum Range, between Thompson northerly along the edge of the channel
Point and the east side of Crab Point, to latitude 395632.5; thence 133, 283
bounded as follows: Beginning at a yards to a point on a line 100 feet west
point on the south edge of the channel of the established pierhead line; thence
along Tinicum Range at longitude southerly along this line to latitude
751824; thence easterly along the edge 395434; thence 19616, 882 yards to
of the channel to longitude 751754; latitude 395408.5; thence 35436, 267
thence 179, 267 yards; thence 26030, 793 yards to the point of beginning. The
yards; thence 358, 425 yards, to the area between New York Shipbuilding
point of beginning. Corporation Pier No. 2 and the
(10) Anchorage 9 near entrance to Man- MacAndrews and Forbes Company pier,
tua Creek. On the southeast side of the Camden, shall be restricted to facili-
channel along Mifflin Range, bounded tate the movement of carfloats to and
as follows: Beginning at a point on the from Bulson Street, Camden. The area
southeast edge of the channel at lon- in front of the Public Service Electric
gitude 751426; thence northeasterly and Gas Company pier shall be re-
along the edge of the channel to lon- stricted to facilitate the movement of
gitude 751201.5; thence 20330, 933 vessels to and from the pier. Should
yards; thence 23330, 3,058 yards; and the anchorage become so congested
thence 26330, 933 yards, to the point of that vessles are compelled to anchor in
beginning. Vessels must not cast an- these restricted areas, they must move
chor in this anchorage in such manner immediately when another berth is
as to interfere unreasonably with the available.

passage of other vessels to and from (14) Anchorage 13 at Camden. On the
Mantua Creek. east side of the channel adjoining and
470
on the upstream side of Anchorage 12, the Captain of the Port to shift posi-
to Cooper Point, Camden, bounded as tion.
follows: Beginning at a point on the (b) General regulations. (1) Except in
east edge of the channel at latitude cases of great emergency, no vessel
395632.5; thence northerly along the shall be anchored in Delaware Bay and
edge of the channel to latitude River between Ship John Light and
395739.7; thence 139, 217 yards to a The Pennsylvania Railroad Company
point on a line 100 feet west of the es- bridge at Delair, New Jersey, outside of
tablished pierhead line; thence south- the anchorage areas established in this
erly along this line to latitude section, or within a cable or pipe line
395626.5; thence 313, 283 yards to the area shown on a Government chart, or
point of beginning. be moored, anchored, or tied up to any
(15) Anchorage 14 opposite Port Rich- pier, wharf, or other vessel in such
mond. On the southeast side of the manner as to obstruct or endanger the
channel, north of Petty Island, bound- passage of any vessel. When an emer-
ed as follows: Beginning at a point on gent condition exists due to congestion
the southeast edge of the channel at in the prescribed anchorage areas in
longitude 750543; thence 163, 248 the Delaware River, the Captain of the
yards; thence 253, 1,978 yards, to the Port may authorize the anchorage of
southeast edge of the channel; and vessels in locations other than the pre-
thence northeasterly along the edge of scribed areas. Vessels so anchored must
the channel to the point of beginning. not be anchored within the channel
Vessels having a draft of less than 20 limits. Any vessel anchored outside of
feet must anchor southwest of Pier No. the prescribed anchorage limits must
11, Port Richmond. The area off the move to a prescribed anchorage area
Cities Service Oil Company wharves, when space becomes available.
Petty Island, shall be restricted to fa- (2) No vessel shall occupy any pre-
cilitate the movement of vessels to and scribed anchorage for a longer period
from the wharves. than 48 hours without a permit from
(16) Anchorage 15 off northeasterly end the Captain of the Port. Vessels expect-
of Petty Island. On the southeast side of ing to be at anchor for more than 48
the channel, bounded as follows: Begin- hours shall obtain a permit from the
ning at a point on the southeast edge Captain of the Port for that purpose.
of the channel at longitude 750534.7; No vessel in such condition that it is
thence northeasterly along the south- likely to sink or otherwise become a
east edge of the channel to longitude menace or obstruction to navigation or
750509.5; thence 171, 198 yards; thence anchorage of other vessels shall occupy
26030, 667 yards; and thence 351, 198 an anchorage except in an emergency,
yards, to the point of beginning. When and then only for such period as may
necessary, this anchorage will be re- be permitted by the Captain of the
served for vessels under the custody of Port.
the United States, at which time other (3) Whenever, in the opinion of the
vessels may be required by the Captain Captain of the Port such action may be
of the Port to shift position. necessary, he may require any or all
(17) Anchorage 16 between Port Rich- vessels in any designated anchorage
mond and Five Mile Point. On the north- area to moor with two or more an-
west side of the channel, bounded as chors.
follows: Beginning at a point on the (4) [Reserved]
northwest edge of the channel at lon- (5) Anchors shall be placed well with-
gitude 750535; thence northeasterly in the anchorage areas, so that no por-
along the edge of the channel to lon- tion of the hull or rigging will at any
gitude 750420; thence 328, 125 yards; time extend outside of the anchorage
thence 243, 450 yards; thence 251, 475 area.
yards; thence 257, 1,042 yards; thence (6) Light-draft barges using the an-
17430, 122 yards, to the point of begin- chorages shall be anchored away from
ning. When necessary, this anchorage the deeper portions of the anchorages,
will be reserved for vessels under the so as not to interfere with the anchor-
custody of the United States, at which ing of deep-draft vessels. Any barges
time other vessels may be required by towed in tandem to an anchorage area
471
110.157 33 CFR Ch. I (7110 Edition)
shall be bunched together when an- of this section, and Anchorage 9 as de-
choring. scribed in paragraph (a)(10) of this sec-
(7) Upon approval of the District En- tion.
gineer, Corps of Engineers, the Captain (A) Any vessel 700 feet or greater in
of the Port may permit wrecking plant length requesting anchorage shall ob-
or other vessels legally engaged in retain permission from the Captain of
covering sunken property, or in laying the Port, Philadelphia, Pennsylvania,
or repairing pipe lines or cables, or at least 24 hours in advance.
plant engaged in dredging operations, (B) Any vessel from 700 to 750 feet in
to anchor in channels. Such permission length shall have one tug alongside at
is not necessary for plant engaged upon all times while the vessel is at anchor.
works of river and harbor improvement (C) Any vessel greater than 750 feet
under the supervision of the District in length shall have two tugs alongside
Engineer, but the District Engineer at all times while the vessel is at an-
will notify the Captain of the Port in chor.
advance of all such proposed work. (D) The Master, owner or operator of
(8) [Reserved] a vessel at anchor shall ensure that
(9) A vessel upon being notified to any tug required by this section is of
shift its position shall get under way at sufficient horsepower to assist with
once or signal for a tug and shall necessary maneuvers to keep the vessel
change position as directed with rea- clear of the navigation channel.
sonable promptness. (iii) As used in this section, Captain
(10) Nothing in this section shall be of the Port means the Commander of
construed as relieving any vessel or the Sector Delaware Bay or any Coast
owner or person in charge of any vessel Guard commissioned, warrant or petty
from the penalties of law for obstruct- officer who has been authorized by the
ing navigation or for obstructing or Captain of the Port to act on his be-
interfering with range lights, or for not half. The Captain of the Port may be
complying with the laws relating to contacted by telephone at (215) 2714807
lights and fog signals or other naviga- or via VHF marine band radio, channel
tion laws and regulations. 16.
(11) Annually from September 1 until (c) Regulations for vessels carrying and
December 31, additional requirements handling explosives. (1) All vessels car-
and restrictions in this paragraph for rying explosives as defined in and sub-
the use of anchorages defined in para- ject to Title 49 Code of Federal Regula-
graphs (a)(7), (a)(8), and (a)(10) of this tions, Parts 171 through 177, or on
section apply. which such explosives are to be loaded,
(i) Before anchoring in Anchorage 7 shall obtain a permit from the Captain
off Marcus Hook, as described in para- of the Port, except as provided in para-
graph (a)(8) of this section, a vessel graph (c)(5) of this section. The max-
must first obtain permission from the imum amount of explosives for which a
Captain of the Port, Philadelphia, at permit is required in 49 CFR Parts 171
least 24 hours in advance of arrival. through 177, which may be carried or
Permission to anchor will be granted loaded at any time by a vessel shall not
on a first-come, first-served basis. exceed 800 tons, except in cases of great
The Captain of the Port, Philadelphia, emergency or by special permit from
will allow only one vessel at a time to the Captain of the Port. This written
be at anchor in Anchorage 7, and no permit shall be obtained from the Cap-
vessel may remain within Anchorage 7 tain of the Port before vessels carrying
for more than 12 hours. Any vessel ar- explosives or on which explosives are
riving from or departing to sea that re- to be loaded within the weight limit
quires an examination by the public specified in paragraph (c)(1) of this sec-
health service, customs or immigration tion, may anchor in any anchorge. Per-
authorities will be directed to an an- mits will not be issued for Anchorage 2
chorage for the required inspection by under any circumstances. Such permit
the Captain of the Port on a case-by- may be revoked at any time. All ves-
case basis. sels used in connection with loading, or

(ii) For Anchorage 6 off Deepwater unloading explosives shall carry writ-
Point, as described in paragraph (a)(7) ten permits from the Captain of the
472
Port, and shall show such permit when- chapter CHazardous Materials Regu-
ever required by him or his representa- lations (49 CFR Parts 171 through 177).
tive. [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
(2) Vessels handling explosives shall amended by CGD 77212A, 47 FR 20579, May
be anchored so as to be at least 2,200 13, 1982; CGD 3803A, 48 FR 13418, Mar. 31,
feet from any other vessel, but the 1983; CCGD 38231, 48 FR 23638, May 26, 1983;
number of vessels which may anchor in 48 FR 30622, July 5, 1983; CGD38372, 49 FR
25444, June 21, 1984; CGD 92050, 59 FR 39965,
an anchorage at any one time shall be
Aug. 5, 1994; CGD0594088, 60 FR 10020, Feb.
at the discretion of the Captain of the 23, 1995; CGD0504035, 70 FR 40886, July 15,
Port. This provision is not intended to 2005]
prohibit barges or lighters from tying
up alongside the vessels for the trans- 110.158 Baltimore Harbor, MD.
fer of cargo. North American Datum 1983.
(3) Whenever a vessel or barge not (a) Anchorage Grounds(1) Anchorage
mechanically self-propelled anchors No. 1, general anchorage. (i) The waters
while carrying explosives or while bounded by a line connecting the fol-
awaiting the loading of explosives, the lowing points:
Captain of the Port may require the at- Latitude Longitude
tendance of a tug upon such vessel or
391513.51 N 763407.76 W
barge when in his judgment such ac-
391511.01 N 763411.69 W
tion is necessary. 391452.98 N 763352.67 W
(4) Fishing and navigation are pro- 391447.90 N 763340.73 W
hibited within an anchorage whenever
occupied by an anchored vessel dis- (ii) No vessel shall remain in this an-
playing a red flag. chorage for more than 12 hours without
(5) The District Engineer, U.S. Army permission from the Captain of the
Corps of Engineers, may authorize, in Port.
writing, a vessel carrying explosives (2) Anchorage No. 2, general anchorage.
for use on river and harbor works or on (i) The waters bounded by a line con-
necting the following points:
other work under Department of the
Army permit, to anchor in or near the Latitude Longitude
vicinity of such work. The Captain of 391446.23 N 763325.82 W
the Port will prescribe the conditions 391456.96 N 763337.15 W
under which explosives shall be stored 391508.55 N 763337.65 W
and handled in such cases. 391519.28 N 763324.49 W
(6) Vessels carrying explosives or on 391519.33 N 763314.32 W
which explosives are to be loaded, with- 391514.19 N 763257.76 W
in the weight limit specified in para- 391506.87 N 763245.48 W
graph (c)(1) of this section, shall com- 391441.37 N 763227.38 W
ply with the general regulations in 391430.93 N 763233.52 W
paragraph (b) of this section when ap- 391446.27 N 763249.69 W
plicable. 391443.76 N 763253.62 W
(7) Nothing in this section shall be 391457.51 N 763308.13 W
construed as relieving any vessel or the (ii) No vessel shall remain in this an-
owner or person-in-charge of any ves- chorage for more than 72 hours without
sel, and all others concerned, of the du- permission from the Captain of the
ties and responsibilities imposed upon Port.
them to comply with the regulations (3) Anchorage No. 3, Upper, general an-
governing the handling, loading or dis- chorage.
charging of explosives entitled Sub- (i) The waters bounded by a line con-
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
473
110.158 33 CFR Ch. I (7110 Edition)
(ii) No vessel shall remain in this an- permission from the Captain of the
chorage for more than 24 hours without Port.
permission from the Captain of the (8) Anchorage No. 7, Dead ship anchor-
Port. age.
(4) Anchorage No. 3, Lower, general an- (i) The waters bounded by a line con-
chorage. necting the following points:
(i) The waters bounded by a line con- Latitude Longitude
391300.40 N 763410.40 W
Latitude Longitude 391313.40 N 763410.81 W
391432.48 N 763311.31 W 391313.96 N 763405.02 W
391446.27 N 763249.69 W 391314.83 N 763329.80 W
391430.93 N 763233.52 W 391300.40 N 763329.90 W
391424.40 N 763239.87 W (ii) The primary use of this anchor-
391415.66 N 763253.58 W age is to lay up dead ships. Such use
(ii) No vessel shall remain in this an- has priority over other uses. Permis-
chorage for more than 72 hours without sion from the Captain of the Port must
permission from the Captain of the be obtained prior to the use of this an-
Port. chorage for more than 72 hours.
(5) Anchorage No. 4, general anchorage. (b) Definitions. As used in this sec-
(i) The waters bounded by a line con- tion: Class 1 (explosive) materials means
necting the following points: Division 1.1, 1.2, 1.3, and 1.4 explosives,
Latitude Longitude as defined in 49 CFR 173.50. Dangerous
cargo means certain dangerous cargo as
391352.91 N 763229.60 W defined in Sec. 160.203 of this title.
391405.91 N 763243.30 W (c) General regulations. (1) Except as
391407.30 N 763243.12 W otherwise provided, this section applies
391417.96 N 763226.41 W to vessels over 20 meters long and all
391405.32 N 763213.09 W vessels carrying or handling dangerous
391400.46 N 763217.77 W cargo or Class 1 (explosive) materials
(ii) No vessel shall remain in this an- while anchored in an anchorage ground
chorage for more than 72 hours without described in this section.
permission from the Captain of the (2) Except in cases where unforeseen
Port. circumstances create conditions of im-
(6) Anchorage No. 5, general anchorage. minent peril, or with the permission of
(i) The waters bounded by a line con- the Captain of the Port, no vessel shall
necting the following points: be anchored in Baltimore Harbor and
Latitude Longitude Patapsco River outside of the anchor-
age areas established in this section for
391407.89 N 763258.23 W more than 24 hours. No vessel shall an-
391334.82 N 763223.66 W chor within a tunnel, cable or pipeline
391322.25 N 763228.90 W area shown on a government chart. No
391321.20 N 763311.94 W vessel shall be moored, anchored, or
(ii) No vessel shall remain in this an- tied up to any pier, wharf, or other ves-
chorage for more than 72 hours without sel in such manner as to extend into es-
permission from the Captain of the tablished channel limits. No vessel
Port. shall be positioned so as to obstruct or
(7) Anchorage No. 6, general anchorage. endanger the passage of any other ves-
(i) The waters bounded by a line con- sel.
necting the following points: (3) Except in an emergency, a vessel
Latitude Longitude that is likely to sink or otherwise be-
come a menace or obstruction to navi-
391342.98 N 763219.11 W gation or the anchoring of other ves-
391320.65 N 763155.58 W sels may not occupy an anchorage, un-
391334.00 N 763133.50 W less the vessel obtains a permit from
391401.95 N 763202.65 W the Captain of the Port.
391351.01 N 763218.71 W
(4) The Captain of the Port may

(ii) No vessel shall remain in this an- grant a revocable permit to a vessel for
chorage for more than 72 hours without a habitual use of an anchorage. Only
474
the vessel that holds the revocable per- (5) Each vessel handling or carrying
mit may use the anchorage during the dangerous cargoes or Class 1 (explosive)
period that the permit is in effect. materials while at anchor must display
(5) Upon notification by the Captain by day a bravo flag in a prominent lo-
of the Port to shift its position, a ves- cation and by night a fixed red light.
sel at anchor shall get underway and [CGFR 68132, 33 FR 18439, Dec. 12, 1968; 33 FR
shall move to its new designated posi- 20039, Dec. 31, 1968]
tion within 2 hours after notification.
(6) The Captain of the Port may pre- EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting 110.158, see the List of CFR
scribe specific conditions for vessels Sections Affected, which appears in the
anchoring within the anchorages de- Finding Aids section of the printed volume
scribed in this section, including, but and on GPO Access.
not limited to, the number and loca-
tion of anchors, scope of chain, readi- 110.159 Annapolis Harbor, MD.
ness of engineering plant and equip-
(a) The Anchorage Grounds(1) Naval
ment, usage of tugs, and requirements
Anchorage for Deep Draft Vessels. In the
for maintaining communication guards
Chesapeake Bay, bounded on the north
on selected radio frequencies.
by latitude 385800; on the east by a
(7) No vessel at anchor or at a moor- line bearing 203 from latitude 385800,
ing within an anchorage may transfer longitude 762400; on the south by lati-
oil to or from another vessel unless the tude 385630; and on the west by a line
vessel has given the Captain of the bearing 139 from Greenbury Point
Port the four hours advance notice re- Shoal Light. This anchorage is re-
quired by 156.118 of this chapter. served for deep draft naval vessels.
(8) No vessel shall anchor in a dead Berths in the area will be assigned on
ship status (propulsion or control un- application to the Superintendent, U.S.
available for normal operations) with- Naval Academy.
out prior approval of the Captain of the (2) Middle Ground Anchorage. Begin-
Port. ning at a point in the Severn River
(d) Regulations for vessels handling or 139, 620 yards from Triton Light (lo-
carrying dangerous cargoes or Class 1 (ex- cated at the intersection of the north-
plosive) materials. (1) This paragraph (d) east and southeast seawall of the Naval
applies to every vessel, except a U.S. Academy grounds); thence easterly to a
naval vessel, handling or carrying dan- point 11230, 970 yards from Triton
gerous cargoes or Class 1 (explosive) Light; thence southeasterly to a point
materials. 274, 1,045 yards from the radio tower at
(2) The Captain of the Port may re- the tip of Greenbury Point; thence
quire every person having business south-southeasterly to a point 23330,
aboard a vessel handling or carrying 925 yards from the radio tower at the
dangerous cargoes or Class 1 (explosive) tip of Greenbury Point; thence west to
materials while in an anchorage, other a point 295, 1,015 yards from Greenbury
than a member of the crew, to hold a Point Shoal Light: thence northwest-
form of identification prescribed in the erly to the point of beginning.
vessels security plan. (3) South Anchorage. In the Severn
(3) Each person having business River, beginning at a point on the
aboard a vessel handling or carrying shoreline at Horn Point, Eastport, 168,
dangerous cargoes or Class 1 (explosive) 1,190 yards from Triton Light; thence
materials while in an anchorage, other east to a point 294, 1,075 yards from
than a member of the crew, shall Greenbury Point Shoal Light; thence
present the identification prescribed by northwest to a point 143, 595 yards
paragraph (d)(2) of this section to any from Triton Light; thence westerly to
Coast Guard Boarding Officer who re- a point 209, 700 yards from Triton
quests it. Light; thence 180 to a point on the
(4) Each non-self-propelled vessel shoreline at Eastport. No vessel shall
handling or carrying dangerous cargoes anchor within 100 feet of any wharf,
or Class 1 (explosive) materials must marine railway, or other structure

have a tug in attendance at all times without the permission of the owner
while at anchor. thereof.
475
110.166 33 CFR Ch. I (7110 Edition)
(4) Naval Anchorage for Small Craft. In great emergency, within this area shall
the Severn River, beginning at a point be placed as close to an anchorage area
80 feet off the southeast seawall of the as practicable, and shall move away
Naval Academy bearing 132 from Tri- immediately after the emergency
ton Light; thence easterly to a point ceases.
07230, 285 yards from Triton Light; (3) No vessel shall be anchored in the
thence southeasterly to a point 109, cable and pipeline area, lying between
785 yards from Triton Light; thence the Naval Academy and the Naval Ship
westerly to a point 211, 537 yards from Research and Development Laboratory
Triton Light; thence northwesterly to and having the following limits: South-
a point 45 yards off the southeast sea- eastern limit, from Triton Light 072 to
wall of the Naval Academy bearing white Cable Crossing sign at the
214, 535 yards from Triton Light; Naval Ship Research and Development
thence northeasterly to the point of be- Laboratory; northwestern limit, a line
ginning. Except in the case of emer- bearing 054 from the Capitol Dome.
gency, no vessel shall be anchored in (4) Except in the case of emergency,
this area without the permission of the no vessel shall be anchored, without
Superintendent, U.S. Naval Academy. permission of the Superintendent, U.S.
Anchorages will be assigned upon re- Naval Academy, in the Naval Academy
quest to the Superintendent, U.S. Drill area described as follows:
Naval Academy. That portion of the Severn River
(5) Spa Creek Anchorage. In Spa lying to the northeastward of the
Creek, those waters bounded by a line Naval Academy, bounded on the north
connecting the following points: by the State Highway Bridge and on
385837.3 N 762848.1 W the south by the northern limit of the
385836.1 N 762857.8 W cable and pipeline area, excluding that
385831.6 N 762903.3 W area off the eastern shoreline enclosed
385826.7 N 762859.5 W
by a line bearing approximately 131
Datum: NAD 83 from the eastern abutment of the State
NOTE: The City Council of Annapolis has
Highway Bridge to the vicinity of
promulgated local ordinances to the control Ferry Point. This drill area also in-
building of structures, and mooring and an- cludes the lower part of Dorseys Creek
chorage of vessels in anchorages (a)(3), and below the Naval Academy Drawbridge.
(a)(5). These local ordinances will be en- Requests to anchor in this drill area
forced by the local Harbor Master. shall be made to the Superintendent,
(b) The regulations. (1) Except in the U.S. Naval Academy.
case of emergency, no vessel shall be (5) The restrictions in this section do
anchored in the area to the north and not apply to the anchoring or marking
east of the Annapolis Channel bounded by buoys of apparatus used for the pur-
on the east by Greenbury Point; on the pose of taking seafood, except within
south by a line bearing 270 from the the cable or pipeline area described in
southern tip of Greenbury Point; on paragraph (b)(3) of this section.
the west by the Annapolis Channel; on (6) The regulations in paragraph (b)
the north by the southern boundry of of this section shall be enforced by the
the cable area and the shoreline of the Superintendent, U.S. Naval Academy,
Government reservation and Carr and such agencies as he may designate.
Creek. [CGFR 6897, 34 FR 9677, June 20, 1969, as
(2) Except in the case of emergency, amended by CGD 058115R, 47 FR 29658,
no vessel shall be anchored in Annap- 29659, July 8, 1982; CGD0593103, 60 FR 27696,
olis Harbor to the westward of the May 25, 1995; 60 FR 45776, Sept. 1, 1995]
dredged channel and northward of the
southern boundry of the South Anchor- 110.166 York River, Va., naval an-
age outside of the established anchor- chorage.
age areas, except in Spa Creek and the (a) The anchorage grounds. Between
area to the southwestward of the Naval Yorktown and the Naval Mine Depot,
anchorage for small craft. No vessel beginning at latitude 371534, lon-
shall be so anchored that any part of gitude 763125; thence to latitude

the vessel extends at any time within 371525, longitude 763139.5; thence to
this area. Any vessel anchoring, under latitude 371621.5, longitude 763246;
476
thence to latitude 371707.5, longitude 365549.5 N 761031.6 W

365804.5 N 761000.9 W
longitude 763514.5; thence to latitude
371805, longitude 763501; thence to 365731.7 N 760753.6 W
latitude 371720, longitude 763407; 365524.6 N 760827.6 W
thence to latitude 371633.5, longitude
763234, and thence to the point of be- (iv) Anchorage E [Commercial Explo-
ginning. sives Anchorage]. The waters bounded
(b) The regulations. This anchorage is by a line connecting the following
reserved for the exclusive use of naval points:
vessels and except in cases of emer- Latitude Longitude
gency, no other vessel shall anchor 365959.2 N 761345.8 W
therein without permission from the 365908.7 N 761032.6 W
local naval authorities, obtained
365813.5 N 761050.6 W
through the Captain of the Port, Nor-
folk, Virginia. Movement of vessels 365902.5 N 761408.9 W
through the anchorage will not be re-
stricted. (v) Explosives Handling Berth E1 [Ex-
plosives Anchorage Berth]. The waters
110.168 Hampton Roads, Virginia and bounded by the arc of a circle with a
adjacent waters (Datum: NAD 83). radius of 500 yards and the center lo-
(a) Anchorage Grounds(1) Anchorage cated at:
A [Naval Anchorage]. The waters bound- Latitude Longitude
ed by the shoreline and a line con- 365905.5 N 761121.8 W
(3) Hampton Roads Anchorages. (i) An-
Latitude Longitude
chorage F, Hampton Bar. The waters
365536.2 N 760246.3 W bounded by a line connecting the fol-
365703.3 N 760301.4 W lowing points:
365645.5 N 760128.8 W
365555.7 N 760135.7 W Latitude Longitude
(2) Chesapeake Bay, Thimble Shoals 365925.5 N 762005.8 W
Channel Anchorages. 365952.1 N 761910.8 W
(i) Anchorage B [Naval Anchorage]. 365925.7 N 761847.3 W
The waters bounded by a line con- 365849.6 N 761932.6 W
(ii) Anchorage Berth F1. The waters
Latitude Longitude
bounded by the arc of a circle with a
365758.5 N 760605.8 W radius of 500 yards and the center lo-
365711.5 N 760300.9 W cated at:
365549.3 N 760312.8 W
365704.5 N 760605.8 W 365929.6 N 761913.9 W
365709.0 N 760623.3 W
(iii) Anchorage G, Hampton Flats
(ii) Anchorage C [Naval Anchorage]. (Naval Explosives Anchorage). The wa-
The waters bounded by a line con- ters bounded by a line connecting the
necting the following points: following points:
Latitude Longitude
365855.3 N 760940.3 W
365819.3 N 760716.8 W
365804.5 N 760958.8 W 365925.0 N 762007.0 W
365849.1 N 761933.8 W
(iii) Anchorage D [Naval Anchorage]. 365741.4 N 762107.7 W
The waters bounded by the shoreline 365734.6 N 762126.7 W
and a line connecting the following
365731.1 N 762201.9 W
points:
365807.0 N 762203.0 W
477
110.168 33 CFR Ch. I (7110 Edition)
(iv) Explosives Handling Berth G1. (ii) Anchorage Berth I1. The waters
The waters bounded by the arc of a cir- bounded by the arc of a circle with a
cle with a radius of 500 yards and the radius of 400 yards and the center lo-
center located at: cated at:
Latitude Longitude Latitude Longitude
365750.5 N 762135.8 W 365709.0 N 762520.4 W
(iii) Anchorage Berth I2. The waters
(v) Explosives Handling Berth G2. The bounded by the arc of a circle with a
waters bounded by the arc of a circle radius of 400 yards and with the center
with a radius of 500 yards and the cen- located at:
ter located at:
Latitude Longitude
(vi) Explosives Handling Berth G3. 365723.8 N 762546.0 W
The waters bounded by the arc of a cir-
(iv) Anchorage J, Newport News Middle
cle with a radius of 500 yards and with
Ground. The waters bounded by a line
the center located at:
connecting the following points:

365834.2 N 762031.4 W 365559.9 N 762211.7 W
(vii) Explosives Handling Berth G4. 365559.9 N 762400.0 W
The waters bounded by the arc of a cir- 365625.3 N 762348.0 W
cle with a radius of 500 yards and with 365710.2 N 762409.9 W
the center located at: 365712.0 N 762347.3 W
365638.5 N 762139.1 W
(v) Anchorage K, Newport News Middle
365854.9 N 762003.2 W Ground. The waters bounded by a line
(viii) Anchorage H, Newport News Bar. connecting the following points:
The waters bounded by a line con-
365738.8 N 762418.5 W 365756.4 N 762030.5 W
365752.3 N 762229.7 W 365708.5 N 762031.0 W
365807.4 N 762201.8 W 365648.8 N 762022.5 W
365731.6 N 762200.6 W 365645.0 N 762032.0 W
365718.7 N 762410.1 W 365645.0 N 762137.7 W
365714.1 N 762329.1 W
(4) James River Anchorages. (i) Anchor- 365728.1 N 762111.7 W
age I, Newport News. The waters bound-
ed by a line connecting the following (vi) Anchorage Berth K1. The waters
points: bounded by the arc of a circle with a
radius of 400 yards and with the center
Latitude Longitude located at:
365849.0 N 762709.8 W
365835.9 N 762637.2 W
365752.2 N 762601.6 W
Latitude Longitude
365731.1 N 762533.3 W
365707.2 N 762443.1 W 365730.5 N 762045.3 W
365623.1 N 762426.8 W (vii) Anchorage Berth K2. The waters
365603.5 N 762435.8 W

365754.2 N 762640.3 W radius of 400 yards and with the center
365823.5 N 762709.8 W located at:
478

365716.8 N 762109.5 W 371730.3 N 760553.9 W
(viii) Anchorage Berth L, Craney Is- 371625.0 N 760518.4 W
land Flats. The waters bounded by a 371608.4 N 760606.0 W
line connecting the following points: (i) Anchorage Berth Q1. The waters
radius of 500 yards and with the center
located at:
Latitude Longitude
365559.9 N 762211.7 W
365638.5 N 762045.5 W
365604.2 N 762026.2 W
371705.7 N 760608.9 W
(5) Elizabeth River Anchorages. (i) An-
chorage M, Port Norfolk. The waters (ii) Anchorage Berth Q2. The waters
bounded by a line connecting the fol- bounded by the arc of a circle with a
lowing points: radius of 500 yards with the center lo-
cated at:
Latitude Longitude
365145.8 N 761920.7 W 371633.0 N 760551.1 W
365137.8 N 761924.3 W
365132.5 N 761931.1 W (b) Definitions. As used in this sec-
365140.7 N 761937.3 W tion
365145.7 N 761931.5 W Class 1 (explosive) materials means Di-
(ii) Anchorage N, Hospital Point. The vision 1.1, 1.2, 1.3, and 1.4 explosives, as
waters bounded by a line connecting defined in 49 CFR 173.50.
the following points: Dangerous cargo means certain dan-
gerous cargo as defined in 160.204 of
this title.
U.S. naval vessel means any vessel
Latitude Longitude owned, operated, chartered, or leased
365105.4 N 761822.4 W by the U.S. Navy; any pre-commis-
365050.0 N 761800.0 W sioned vessel under construction for
365036.7 N 761752.8 W the U.S. Navy, once launched into the
365033.6 N 761758.8 W water; and any vessel under the oper-
365049.3 N 761809.0 W ational control of the U.S. Navy or a
365050.3 N 761807.8 W Combatant Command.
365056.2 N 761812.5 W (c) General regulations. (1) Except as
365101.8 N 761832.3 W otherwise provided, this section applies
(iii) Anchorage O, The Hague. The wa- to vessels over 20 meters long and ves-
ters of the basin known as The sels carrying or handling dangerous
Hague, north of the Brambleton Ave- cargo or Class 1 (explosive) materials
nue Bridge, except for the area within while anchored in an anchorage ground
100 feet of the bridge span that provides described in this section.
access to and from the Elizabeth River. (2) Except as otherwise provided, a
(6) Anchorage Q. Quarantine Anchor- vessel may not occupy an anchorage
age. The waters bounded by a line con- for more than 30 days, unless the vessel
necting the following points: obtains permission from the Captain of
the Port.
Latitude Longitude
479
110.168 33 CFR Ch. I (7110 Edition)
(3) Except in an emergency, a vessel four hours advance notice required by

that is likely to sink or otherwise be- 156.118 of this title.
come a menace or obstruction to navi- (12) Barges may not anchor in the
gation or to the anchoring of other ves- deeper portions of anchorages or inter-
sels, may not occupy an anchorage, un- fere with the anchoring of deep-draft
less the vessel obtains permission from vessels.
the Captain of the Port. (13) Barges towed in tandem to an an-
(4) The Captain of the Port may, chorage must be nested together when
upon application, assign a vessel to a anchored.
specific berth within an anchorage for (14) Any vessel anchored or moored in
a specified period of time. an anchorage adjacent to the Chesa-
(5) The Captain of the Port may peake Bay Bridge Tunnel or Monitor-
grant a revocable permit to a vessel for Merrimac Bridge Tunnel (MMBT) must
a habitual use of a berth. Only the ves- be capable of getting underway within
sel that holds the revocable permit 30 minutes with sufficient power to
may use the berth during the period keep free of the bridge tunnel complex.
that the permit is in effect. (15) A vessel may not anchor or moor
(6) The Commander, Fifth Coast in an anchorage adjacent to the Chesa-
Guard District, may authorize the es- peake Bay Bridge Tunnel or Monitor-
Merrimac Bridge Tunnel (MMBT) if its
tablishment and placement of tem-
steering or main propulsion equipment
porary mooring buoys within a berth.
is impaired.
Placement of a fixed structure within
(d) Regulations for vessels handling or
an anchorage may be authorized by the
carrying dangerous cargoes or Class 1 (ex-
District Engineer, U.S. Army Corps of
plosive) materials. This paragraph ap-
Engineers.
plies to every vessel, except a naval
(7) If an application is for the long- vessel, handling or carrying dangerous
term lay up of a vessel, the Captain of cargoes or Class 1 (explosive) mate-
the Port may establish special condi- rials.
tions in the permit with which the ves- (1) Unless otherwise directed by the
sel must comply. Captain of the Port, each commercial
(8) Upon notification by the Captain vessel handling or carrying dangerous
of the Port to shift its position within cargoes or Class 1 (explosive) materials
an anchorage, a vessel at anchor must must be anchored or moored within
get underway at once or signal for a Anchorage Berth E1.
tug. The vessel must move to its new (2) Each vessel, including each tug
location within 2 hours after notifica- and stevedore boat, used for loading or
tion. unloading dangerous cargoes or Class 1
(9) The Captain of the Port may pre- (explosive) materials in an anchorage,
scribe specific conditions for vessels must have permission issued by the
anchoring within the anchorages de- Captain of the Port.
scribed in this section, including, but (3) The Captain of the Port may re-
not limited to, the number and loca- quire every person having business
tion of anchors, scope of chain, readi- aboard a vessel handling or carrying
ness of engineering plant and equip- dangerous cargoes or Class 1 (explosive)
ment, usage of tugs, and requirements materials while in an anchorage, other
for maintaining communications than a member of the crew, to hold a
guards on selected radio frequencies. form of valid identification.
(10) A vessel that does not have a suf- (4) Each person having business
ficient crew on board to weigh anchor aboard a vessel handling or carrying
at any time must have two anchors in dangerous cargoes or Class 1 (explosive)
place, unless the Captain of the Port materials while in an anchorage, other
waives this requirement. Members of than a member of the crew, must
the crew may not be released until the present the identification prescribed by
required anchors have been set. paragraph (d)(3) of this section to any
(11) No vessel at anchor or at a moor- Coast Guard boarding officer who re-
ing within an anchorage may transfer quests it.

oil to another vessel unless the vessel (5) Each non-self-propelled vessel
has given the Captain of the Port the handling or carrying dangerous cargoes
480
or Class 1 (explosive) materials must (ii) When handling or transferring

have a tug in attendance at all times Class 1 (explosive) materials in Anchor-
while at anchor. age G, naval vessels must comply with
(6) Each vessel handling or carrying Department of Defense Ammunition
dangerous cargoes or Class 1 (explosive) and Explosives Safety Standards, or
materials while at anchor must display the standards in this section, which-
by day a red flag (Bravo flag) in a ever are the more stringent.
prominent location and by night a (iii) When barges and other vessels
fixed red light. are berthed at the Ammunition Barge
(e) Regulations for Specific Anchor- Mooring Facility, located at latitude
ages(1) Anchorages A, B, C, and D. Ex- 365834 N, longitude 762112 W., no
cept for a naval vessel, military sup- other vessel, except a vessel that is re-
port vessel, or vessel in an emergency ceiving or offloading Class 1 (explosive)
situation, a vessel may not anchor in materials, may anchor within 1,000
Anchorages A, B, C, or D without the yards of the Ammunition Barge Moor-
permission of the Captain of the Port. ing Facility. Vessels transferring class
The Captain of the Port must consult 1 (explosive) materials must display by
with the Commander, Naval Amphib- day a red flag (Bravo flag) in a promi-
ious Base Little Creek, before granting nent location and by night a fixed red
a vessel permission to anchor in An- light.
chorages A, B, C, or D. (iv) Whenever a vessel is handling or
(2) Anchorage E. (i) A vessel may not transferring Class 1 (explosive) mate-
anchor in Anchorage E without permis- rials while at anchor in Anchorage G,
sion from the Captain of the Port. no other vessel may anchor in Anchor-
(ii) The Captain of the Port must age G without the permission of the
give commercial vessels priority over Captain of the Port. The Captain of the
naval and public vessels. Port must consult with the Com-
(iii) The Captain of the Port may at mander, Naval Station Norfolk, before
any time revoke permission to anchor granting a vessel permission to anchor
in Anchorage E issued under the au- in Anchorage G.
thority of paragraph (e)(4)(i) of this
(v) A vessel located within Anchorage
section.
G may not handle or transfer Class 1
(iv) A vessel may not anchor in An- (explosive) materials within 400 yards
chorage Berth E1, unless it is handling of Norfolk Harbor Entrance Reach.
or carrying dangerous cargoes or Class
(vi) A vessel may not handle or trans-
1 (explosive) materials.
fer Class 1 (explosive) materials within
(v) A vessel may not anchor within
850 yards of another anchored vessel,
500 yards of Anchorage Berth E1 with-
unless the other vessel is also handling
out the permission of the Captain of
or transferring Class 1 (explosive) ma-
the Port, if the berth is occupied by a
terials.
vessel handling or carrying dangerous
cargoes or Class 1 (explosive) mate- (vii) A vessel may not handle or
rials. transfer Class 1 (explosive) materials
(3) Anchorage F. A vessel having a within 850 yards of Anchorage F or H.
draft less than 45 feet may not anchor (5) Anchorage I: Anchorage Berths I1
in Anchorage F without the permission and I2. A vessel that is 500 feet or less
of the Captain of the Port. No vessel in length or that has a draft of 30 feet
may anchor in Anchorage F for a or less may not anchor in Anchorage
longer period than 72 hours without Berth I1 or I2 without the permission
permission from the Captain of the of the Captain of the Port.
Port. Vessels expecting to be at anchor (6) Anchorage K: Anchorage Berths K
for more than 72 hours must obtain 1 and K2. A vessel that is 500 feet or
permission from the Captain of the less in length or that has a draft of 30
Port. feet or less may not anchor in Anchor-
(4) Anchorage G. (i) Except for a naval age Berth K1 or K2 without the per-
mission of the Captain of the Port.
vessel, a vessel may not anchor in An-

chorage G without the permission of (7) Anchorage N. Portions of this an-
the Captain of the Port. chorage are a special anchorage area
481
110.170 33 CFR Ch. I (7110 Edition)
under 110.72aa of this part during ma- (4) Nothing in this section shall be
rine events regulated under 100.501 of construed as relieving the owner, mas-
this chapter. ter, or person in charge of any vessel
(8) Anchorage O. (i) A vessel may not from the penalties of the law for ob-
anchor in Anchorage O unless it is a structing navigation or for not com-
recreational vessel. plying with the navigation laws in re-
(ii) No float, raft, lighter, houseboat, gard to lights, fog signals, etc.
or other craft may be laid up for any [CGFR 691, 34 FR 839, Jan. 18, 1969]
reason in Anchorage O without the per-
mission of the Captain of the Port. 110.173 Port of Charleston, SC.
(9) Anchorage Q: Quarantine Anchor-
(a) The anchorage grounds(1) Com-
age. (i) A vessel that is arriving from or
mercial Anchorage A. This anchorage is
departing for sea and that requires an
located adjacent to the western edge of
examination by public health, customs,
Folly Island Channel and southwest of
or immigration authorities shall an-
Rebellion Reach and is bounded by the
chor in Anchorage Q. Vessels not need-
following coordinates:
ing examination may use Anchorage Q
at any time. 324534 N., 795212 W.; to
(ii) Every vessel using Anchorage Q 324617 N., 795321 W.; to
must be prepared to move promptly 324551 N., 795323 W.; to
under its own power to another loca- 324534 N., 795255 W.; thence back to
tion when directed by the Captain of 324534 N., 795212 W.
the Port, and must promptly vacate (2) Commercial Anchorage B. This an-
Anchorage Q after being examined and chorage is located adjacent to the
released by authorities. south side of South Channel and bound-
(iii) Any non-self-propelled vessel ed by the following coordinates:
using Anchorage Q must have a tug-
324528 N., 795340 W.; to
boat in attendance while undergoing 324528 N., 795446 W.; to
examination by quarantine, customs, 324519 N., 795446 W.; to
or immigration authorities, except 324512 N., 795406 W.; to
with the permission of the Captain of 324516 N., 795340 W.; thence back to
the Port. 324528 N., 795340 W.
[CGD0504043, 70 FR 29955, May 25, 2005, as (3) Commercial Anchorage C. This an-
amended by USCG20080041, 73 FR 5746, Jan. chorage is located 1800 yards, 118 true
31, 2008] from St. Michaels Church Spire and
has a diameter of 500 yards. Vessels
110.170 Lockwoods Folly Inlet, N.C.
using this anchorage must anchor in
(a) Explosives Anchorage. Beginning at the center.
a point southeast of Shallotte Inlet at (4) Commercial Anchorage D. This an-
latitude 335231, longitude 781849; chorage is located 5130 true, 1375 yards
thence south to latitude 335131, lon- from St. Michaels Church Spire and
gitude 781842; thence east to latitude has a diameter of 1400 feet. The use of
335151, longitude 781435; thence this anchorage is limited to loaded ves-
north to latitude 335252, longitude sels for a period of not more than 24
781440; thence west to the point of be- hours.
ginning. (b) The regulations. (1) Except in cases
(b) General regulations. (1) This an- of great emergency, no vessel shall be
chorage is reserved for the exclusive anchored in the main ship channels as
use of vessels carrying explosives. defined by broken lines marking their
(2) Vessels in this anchorage shall boundaries on NOAA Chart 11524. Ves-
not anchor closer than 1,500 yards to sels must be anchored in such a way as
one another. This provision is not in- not to interfere with the free naviga-
tended to prohibit barges or lighters tion of channels in the port, including
from lying alongside vessels for trans- Cooper, Ashley, Wando Rivers, and
fer of cargo. Town Creek, nor to obstruct the ap-
(3) The maximum quantity of explo- proach to any pier or entrance to any
sives aboard any vessel that may be in slip, nor to impede the movement of
this anchorage is 8,000 tons. any vessel or craft.
482
(2) Vessels using the anchorages op- (11) No vessel may conduct lightering
posite the eastern waterfront of operations in an anchorage without
Charleston shall place their anchors as permission from the Captain of the
near as possible in the center of the an- Port.
chorage. Vessels not using a designated (12) When the use of an anchorage is
commercial anchorage shall not place required by naval vessels, the vessels
their anchors within the main ship anchored therein shall move when the
channels, nor shall be so anchored as to Captain of the Port directs them.
swing within 400 feet of any wharf or (13) Nothing in this section shall be
pier on the eastern waterfront of construed as relieving the owner or
Charleston. Vessels may be so anchored person in charge of any vessel from the
as to swing into the main ship channels penalties of law for obstructing naviga-
only if they are so placed with ref- tion, or for obstructing or interfering
erence to the customary winds, tides, with range lights, or for not complying
and currents of the harbor, as to swing with the navigation laws in regard to
only during slack water, and that dur- lights, fog signals, etc.
ing this period there shall remain in
the waters adjacent to the channel an [CGD7 8315, 49 FR 26587, June 28, 1984]
area of sufficient depth as to permit
the safe passage of loaded vessels. 110.179 Skidaway River, Isle of Hope,
Ga.
(3) No vessel may anchor within the
designated anchorages for more than 72 (a) The anchorage ground. An area in
hours without the prior approval of the Skidaway River beginning at a point
Captain of the Port. on the mean low water line 400 feet
(4) No vessel may anchor unless it south of Brady Boat Works, thence
maintains a bridge watch, guards and 7630, 300 feet to a buoy; thence 15230,
answers Channel 16 FM, and maintains 900 feet to a buoy; thence 25100, 450
an accurate position plot. feet to the mean low water line at
(5) If any anchored vessel is so close Wymberly Yacht Club dock.
to another that a collision is probable, (b) The regulations. (1) Except in cases
each vessel must communicate with of great emergency, no vessels shall an-
the other vessel and the Captain of the chor in Skidaway River between the
Port on Channel 16 FM and shall act to north end of Barbees dock and south-
eliminate the close proximity situa- ward to Day Marker 48 except in the
tion. anchorage area hereby defined and es-
(6) No vessel may anchor unless it tablished: Provided, however, That ves-
maintains the capability to get under- sels may moor to any lawfully con-
way within 4 hours. structed wharf.
(7) No vessel may anchor in a dead (2) Except in cases of great emer-
ship status (propulsion or control un- gency, no vessel shall be anchored
available for normal operations) with- where it can swing within 50 feet of any
out the prior approval of the Captain of lawfully constructed wharf or within 50
the Port. feet of the mean low water line, nor
(8) Dragging of anchors in or across shall any vessel be so anchored that
main ship channels and cable areas is any portion of the hull or rigging shall
prohibited. at any time extend outside the bound-
(9) Vessels which, through force of ary of the anchorage area.
great emergency, are anchored con- (3) Any vessel anchoring under cir-
trary to the foregoing regulations in cumstances of great emergency outside
this section shall be shifted to new the anchorage area should be placed in
berths in accordance with such regula- such a position as not to interfere with
tions at the earliest opportunity. the free navigation of the channel nor
(10) A vessel, upon notification from obstruct the approach to any lawfully
the Captain of the Port to shift its po- constructed wharf nor impede the
sition in anchorage grounds must get movement of any boat, and shall move
underway at once or signal for a tug, away immediately after the emergency
and must change position as directed ceases or upon notification of the Dis-
with reasonable promptness. trict Commander.
483
110.182 33 CFR Ch. I (7110 Edition)
(4) No vessels with an overall length (3) No more than 500,000 pounds net
greater than 65 feet will use the an- high explosives or equivalent may be
chorage area except in cases of great exposed in the area at any one time.
emergency. (d) The regulations in this section
(5) Vessels operating within the an- shall be enforced by the Commanding
chorage area will not exceed a speed of Officer, U.S. Naval Station, Mayport,
five (5) miles per hour. Fla., or other agencies that he may
designate.
110.182 Atlantic Ocean off Fort
George Inlet, near Mayport, Fla. 110.183 St. Johns River, Florida.
(a) The Anchorage areas(1) Anchor- (a) The anchorage grounds(1) An-
ages for aircraft carriers and other deep chorage A. (Upper Anchorage) The An-
draft vessels. Four circular areas each chorage is established within the fol-
with a radius of 600 yards and with lowing coordinates, the area enclosed
their centers located at: Alatitude by a line starting at the south shore
302535, longitude 812123; Blati- westerly of the entrance to Miller
tude 302613, longitude 812113; C Creek at
latitude 302619, longitude 812027; 301843.8 N, 0813815.0 W; thence to
Dlatitude 302655, longitude 301852.8 N, 0813815.0 W; thence to
812047. 301847.6 N, 0813747.6 W; thence to
(2) Anchorages for destroyers and other 301855.0 N, 0813729.0 W; thence to
ships of similar size. Six circular areas 301906.0 N, 0813727.0 W; thence to
each with a radius of 300 yards and 301906.0 N, 0813702.0 W; thence to
301901.2 N, 0813702.0 W; thence returning
with their centers located at: 1lati- to the point of beginning.
tude 302438; longitude 812157; 2
latitude 302457, longitude 812158; (2) Anchorage B. (Lower Anchorage)
3latitude 302456, longitude The Anchorage is established within
812138; 4latitude 302513, lon- the following coordinates, the area en-
gitude 812205; 5latitude 302513, closed by a line starting at a point on
longitude 812143; 6latitude the eastern shore of the river at Floral
302507, longitude 812124. Bluff at
(3) Explosives anchorage. The circular 302100.0 N, 0813641.0 W; thence to
area A described in paragraph (a)(1) 302000.0 N, 0813703.0 W; thence to
of this section is also designated as an 302100.0 N, 0813706.0 W; thence to
explosives anchorage for use during pe- 302150.0 N, 0813656.0 W; thence to
riods when ammunition must be han- 302154.0 N, 0813648.0 W; thence re-
dled outside the limits of the U.S. turning to the point of beginning.
Naval Station, Mayport, Fla. (b) The regulations. (1) Except in cases
(b) The regulations for all designated of emergency, only vessels meeting the
areas. (1) Usage of these areas by naval conditions and restrictions of this
vessels shall predominate only when paragraph will be authorized by the
necessary for military requirements; at Captain of the Port to anchor in the
such times other vessels shall remain St. Johns River, as depicted on NOAA
clear of the areas. chart 11491, between the entrance buoy
(2) Prudent assignment of the an- (STJ) and the Main Street Bridge (in
chorage areas shall be made by the position 301920 N, 813932 W). Vessels
Commanding Officer, U.S. Naval Sta- unable to meet any of the following
tion, Mayport, Fla. conditions and restrictions must ob-
(c) Additional regulations for Explosives tain specific authorization from the
Anchorage Area A. (1) When occupied Captain of the Port prior to anchoring
by a vessel handling explosives, no in Anchorage A or B.
other vessel may enter the area unless (2) All vessels intending to enter and
authorized by the enforcing agency. anchor in Anchorage A or B shall no-
(2) Only one vessel handling explo- tify the Captain of the Port prior to en-
sives may anchor in the area at one tering.
time. A patrol craft shall be utilized to (3) Anchorages A and B are tem-
assure that other vessels remain clear porary anchorages. Additionally, An-
when explosives are exposed or being chorage B is used as a turning basin.
transferred to and from the anchorage. Vessels may not anchor for more than
484
24 hours in either anchorage without established, except in cases of great

specific written authorization from the emergency.
Captain of the Port. (2) Vessels anchoring under cir-
(4) All vessels at anchor must main- cumstances of great emergency outside
tain a watch on VHF-FM channels 13 the anchorage areas shall be shifted to
and 16 by a person fluent in English, new positions within the anchorage
and shall make a security broadcast on areas immediately after the emergency
channel 13 upon anchoring and every 4 ceases.
hours thereafter. [CGD 78510, 51 FR 11726, Apr. 7, 1986]
(5) Anchorage A is restricted to ves-
sels less than 250 feet in length. 110.186 Port Everglades, Florida.
(6) Anchorage B is restricted to ves- (a) The anchorage grounds. The an-
sels with a draft of 24 feet or less, re- chorage grounds, the center of which is
gardless of length. located approximately two and one half
(7) Any vessel transferring petroleum miles northeast of the entrance to Port
products within Anchorage B shall Everglades, is an area bounded by a
have a pilot or Docking Master aboard, line connecting points with the fol-
and employ sufficient assist tugs to as- lowing North American Datum 83 co-
sure the safety of the vessel at anchor ordinates:
and any vessels transiting the area.
Latitude Longitude
(8) Any vessel over 300 feet in length
within Anchorage B shall have a Pilot 260826.934 N .................... 0800428.240 W
or Docking Master aboard, and employ 260808.560 N .................... 0800416.158 W
260756.000 N .................... 0800417.486 W
sufficient assist tugs to assure the safe- 260756.000 N .................... 0800242.623 W
ty of the vessel at anchor and any ves- 260719.500 N .................... 0800253.153 W
sels transiting the area. 260719.500 N .................... 0800428.800 W
260635.160 N .................... 0800428.800 W
[CGD0793035, 60 FR 14220, Mar. 16, 1995, as 260635.160 N .................... 0800438.694 W
260826.934 N .................... 0800428.240 W
amended by CGD0799023, 64 FR 42279, Aug.
4, 1999]
(b) The regulations. (1) Commercial
110.185 Atlantic Ocean, off the Port vessels in the Atlantic Ocean in the vi-
of Palm Beach, FL. cinity of Port Everglades shall anchor
only within the anchorage area hereby
(a) The anchorage grounds. (1) An- defined and established, except in cases
chorage A. The waters lying within an of emergency.
area bounded by a line beginning at (2) Prior to entering the anchorage
latitude 265000 N., longitude 800112 area, all vessels shall notify the Coast
W.; thence westerly to latitude 265000 Guard Captain of the Port, via the Port
N., longitude 800130 W.; thence south- Everglades Harbormaster, on VHF-FM
erly to latitude 264730 N., longitude Channel 14.
800130 W.; thence easterly to latitude (3) All vessels within the designated
264730 N., longitude 800112 W.; and anchorage area shall maintain a 24-
thence northerly to the point of begin- hour bridge watch by a licensed or
ning. credentialed deck officer proficient in
(2) Anchorage B. The waters lying English, monitoring VHFFM channel
within an area bounded by a line begin- 16. This individual shall confirm that
ning at latitude 264506 N., longitude the ships crew performs frequent
800112 W.; thence westerly to latitude checks of the vessels position to en-
264506 N., longitude 800142 W.; sure the vessel is not dragging anchor.
thence southerly to latitude 264348 (4) Vessels may anchor anywhere
N., longitude 800142 W.; thence eas- within the designated anchorage area
terly to latitude 264348 N., longitude provided that: such anchoring does not
800112 W.; and thence northerly to interfere with the operations of any
the point of beginning. other vessels currently at anchorage;
(b) The regulations. (1) Vessels in the and all anchor and chain or cable is po-
Atlantic Ocean near Lake Worth Inlet sitioned in such a manner to preclude
awaiting berthing space at the Port of dragging over reefs.

Palm Beach, shall only anchor within (5) No vessel may anchor in a dead
the anchorage areas hereby defined and ship status (i.e. propulsion or control
485
110.188 33 CFR Ch. I (7110 Edition)
unavailable for normal operations) the 12 line at a point B, 212 nautical

without the prior approval of the Cap- miles north of the said point X. The
tain of the Port. Vessels experiencing northern and southern extremities of
casualties such as a main propulsion, the 12 line are marked by spar buoys.
main steering or anchoring equipment The entire anchorage area lies north of
malfunction or which are planning to the entrance channel to Miami Harbor.
perform main propulsion engine repairs (b) The rules and regulations. (1) Ex-
or maintenance, shall immediately no- cept in cases of great emergency, no
tify the Coast Guard Captain of the vessel shall be anchored in the Atlantic
Port via Coast Guard Sector Miami on Ocean in the vicinity of the entrances
VHFFM Channel 16. to the approach channels leading to the
(6) No vessel may anchor within the cities of Miami Beach and Miami, Fla.,
designated anchorage for more than 72 outside of the anchorage area hereby
hours without the prior approval of the defined and establishedthat is, they
Captain of the Port. To obtain this ap- shall not anchor shoreward of the line
proval, contact the Coast Guard Cap- first named nor southward of the sec-
tain of the Port, via the Port Ever- ond nor northward of the third line
glades Harbor Master, on VHFFM but may anchor as far to the eastward
Channel 14. as may be desired.
(7) The Coast Guard Captain of the (2) Any vessel anchoring under cir-
Port may close the anchorage area and cumstances of great emergency outside
direct vessels to depart the anchorage of the anchorage area shall be shifted
during periods of adverse weather or at to new berths within the area imme-
other times as deemed necessary in the diately after the emergency ceases.
interest of port safety or security. (3) All vessels shall lie at anchor with
(8) Commercial vessels anchoring as short a cable as conditions will per-
under emergency circumstances out- mit.
side the anchorage area shall shift to (4) A vessel upon being notified to
new positions within the anchorage move into the anchorage limits or to
area immediately after the emergency shift its position on the anchorage
ceases. ground must get under way at once or
(9) Whenever the maritime or com- signal for a tug, and must change posi-
mercial interests of the United States tion as directed with reasonable
so require, the Captain of the Port, promptness.
U.S. Coast Guard, Miami, Florida, may (5) Whenever the maritime or com-
direct relocation of any vessel an- mercial interests of the United States
chored within the anchorage area. Once so require, the Captain of the Port,
directed, such vessel must get under- U.S. Coast Guard, Miami, Fla., is here-
way at once or signal for a tug, and by empowered to shift the position of
must change position as directed. any vessel anchored on the anchorage
ground or outside thereof, or of any
[CGD 0791060, 58 FR 36356, July 7, 1993, as
amended by CGD 0799003, 64 FR 20177, Apr. vessel moored or anchored so as to im-
26, 1999; USCG200625556, 72 FR 36328, July 2, pede or obstruct vessel movements or
2007; USCG20070036, 73 FR 6610, Feb. 5, 2008; obstruct or interfere with range lights.
USCG200624371, 74 FR 11212, Mar. 16, 2009] (6) Vessels carrying explosives shall
be anchored only under a written per-
110.188 Atlantic Ocean off Miami and mit issued by the Captain of the Port
Miami Beach, Fla. and at such point as he may direct.
(a) The anchorage grounds. The area (7) Vessels carrying explosives shall
to the eastward of a line bearing 12 (N. be at all times in charge of a com-
12 E.) through a point X, which is 112 petent person, and must display by day
nautical miles due east of the intersec- a red flag, of not less than 16 square
tion of the Miami Beach shore line feet, at the masthead, or not less than
with the north jetty; to the northward 10 feet above the upper deck if the ves-
of a line bearing 102 (S. 78 E.) and sel has no mast; at night a red light
intersecting the 12 line at a point A, shall be displayed in the positions spec-
one-half nautical mile north of the said ified for the red flag.
point X; and to the southward of a line (8) Nothing in this paragraph shall be
bearing 102 (S. 78 E.) and intersecting construed as relieving the owner or
486
person in charge of any vessel from the (3) No more than 300,000 pounds net of
penalties of the law for obstructing high explosives or equivalent may be
navigation, or for obstructing or inter- handled in the area at any one time.
fering with range lights, or for not (4) The regulations in this section
complying with the navigation laws in shall be enforced by the Commander,
regard to lights, fog signals, or other U.S. Naval Base, Key West, Fla., and
aids to navigation, or for otherwise any other agencies he may designate.
violating law.
(9) All vessels desiring to use the An- 110.190 Tortugas Harbor, in vicinity
chorage must notify the Coast Guard of Garden Key, Dry Tortugas, Fla.
Captain of the Port, via the Biscayne (a) The anchorage grounds. All of Bird
Bay Pilots on VHF-FM Channel 12 or Key Harbor, southwest of Garden Key,
16. bounded by the surrounding reefs and
(10) All vessels anchored within the shoals and, on the northeast, by a line
anchorage area shall maintain a 24- extending from Fort Jefferson West
hour bridge watch by an English speak- Channel Daybeacon 2 to Fort Jefferson
ing licensed or credentialed deck offi-
West Channel Daybeacon 4, thence to
cer monitoring VHF-FM Channel 16.
Fort Jefferson West Channel
This individual shall perform frequent
Daybeacon 6, and thence to Fort Jeffer-
checks of the vessels position to en-
son West Channel Daybeacon 8.
sure the vessel is not dragging anchor.
(b) The regulations. Except in cases of
(11) Vessels experiencing casualties
such as a main propulsion, main steer- emergency involving danger to life or
ing or anchoring equipment malfunc- property, no vessel engaged in commer-
tion or which are planning to perform cial fishing or shrimping shall anchor
main propulsion engine repairs or in any of the channels harbors, or la-
maintenance, shall immediately notify goons in the vicinity of Garden Keys,
the Coast Guard Captain of the Port Bush Key, or the surrounding shoals,
via the Coast Guard Sector Miami on outside of Bird Key Harbor.
VHF-FM Channel 16.
110.193 Tampa Bay, Fla.
(12) The Coast Guard Captain of the
Port may close the anchorage area and (a) The anchorage grounds(1) Explo-
direct vessels to depart the anchorage sives anchorage east of Mullet Key. A
during periods of adverse weather or at rectangular area in Tampa Bay, ap-
other times as deemed necessary in the proximately 4,459 yards long and 1,419
interest of port safety. yards wide, beginning at latitude
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as 273830, longitude 823909, and extend-
amended by CGD0799002, 64 FR 22554, Apr. ing northeasterly to latitude 273948,
27, 1999; USCG200625556, 72 FR 36328, July 2, longitude 823715; thence southeast-
2007; USCG200624371, 74 FR 11212, Mar. 16, erly to latitude 273917, longitude
2009] 823646; thence southwesterly to lati-
tude 273752, longitude 823838; thence
110.189a Key West Harbor, Key West,
Fla., naval explosives anchorage northwesterly to the point of begin-
area. ning.
(2) Temporary explosives anchorage
(a) The anchorage ground. A circular
south of Interbay Peninsula. Beginning
area with its center at latitude
at a point bearing 107, 1,750 yards from
243050.6, longitude 815031.6 with a
Cut F Range Front Light; thence to
radius of 300 yards, for use for ammuni-
tion exceeding the prescribed limits for a point bearing 125, 2,050 yards, from
pier-side handling. Cut F Range Front Light; thence to
(b) The regulations. (1) When occupied a point bearing 180, 1,725 yards, from
by a vessel handling explosives, no Cut F Range Front Light; thence to
other vessel may enter the area unless a point bearing 222, 2,180 yards, from
authorized by the enforcing agency. Cut F Range Front Light; thence to
a point bearing 251, 1,540 yards, from
(2) Only one vessel handling explo-

sives may anchor in the area at one Cut F Range Front Light; and
time. thence to the point of beginning.
487
110.193a 33 CFR Ch. I (7110 Edition)
(3) Temporary explosives anchorage off (2) Explosives Anchorage Area 2. A cir-
Port Tampa. A circular area with a ra- cular area with a 500-yard radius
dius of 200 yards with the point at lati- around a center point located at lati-
tude 275022, longitude 823415. tude 294730; longitude 852130, 3,100
(4) Quarantine Anchorage. Southeast yards southeast of FW South Channel
of the temporary explosive anchorage, Light and 5,250 yards south of FW
beginning at a point bearing 97 true, North Channel Light, in St. Joseph
4,370 yards, from Cut F Range Front Bay, Port St. Joe, Florida.
Light; thence to a point bearing 11330, (b) The regulations. (1) The explosives
5,370 yards, from Cut F Range Front anchorage areas shall be used as tem-
Light; thence to a point bearing 16130, porary anchorage for vessels engaged
3,770 yards, from Cut F Range Front in loading and unloading explosives at
Light; thence to a point bearing 16330, the port of Port St. Joe, Florida, when
2,070 yards, from Cut F Range Front the duration of the anchorage period is
Light; thence to the point of beginning. less than 96 hours.
(5) Barge Fleeting Area, Hillsborough (2) No vessel shall occupy this an-
Bay. Located 400 feet west of Cut D chorage without obtaining a permit
Channel at a point beginning at lati- from the Captain of the Port.
tude 275434, longitude 822635; thence 110.194 Mobile Bay, Ala., at entrance.
northerly 1,000 feet to latitude 275443,
longitude 822640; thence westerly 500 (a) The anchorage grounds. The waters
feet to latitude 275441, longitude within a radius of 750 yards from a
822645; thence southerly 1,000 feet to point located 1,000 yards true north
latitude 275432, longitude 822640; from Fort Morgan Light.
thence easterly 500 feet to the point of (b) The regulations. (1) This anchorage
beginning. shall be used by vessels loading or dis-
charging high explosives. It shall also
NOTE: This area is reserved for transient be used by vessels carrying dangerous
barges only. Barges shall not occupy this an- or inflammable cargoes requiring an
chorage for a period longer than 96 hours un- anchorage. It may be used for a general
less permission is obtained from the Captain
anchorage when not required for ves-
of the Port for this purpose.
sels carrying explosives or dangerous
(b) The regulations. (1) The explosives or inflammable cargoes.
anchorage east of Mullet Key shall be (2) No vessel shall occupy this an-
used by vessels awaiting loading or un- chorage without obtaining a permit
loading at Port Tampa that have explo- from the Captain of the Port.
sives actually on board and where the
duration of anchorage will exceed 72 110.194a Mobile Bay, Ala., and Mis-
sissippi Sound, Miss.
hours.
(2) The temporary explosives anchor- (a) The anchorage grounds. (1) The wa-
ages south of Interbay Peninsula and ters of lower Mobile Bay, near Cedar
off Port Tampa shall be used for vessels Point, within an area bounded on the
engaged in loading explosives when the north by latitude 302100, on the east
duration of the anchorage is less than by longitude 880500, on the south by
72 hours. latitude 302000, and on the west by
longitude 880600.
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as (2) The waters of Mississippi Sound,
amended by CGFR 6962, 34 FR 11582, July 15, south of Biloxi, within an area bounded
1969; 34 FR 12255, July 15, 1969] on the north by latitude 302000, on
the east by longitude 885400, on the
110.193a St. Joseph Bay, Fla.
south by latitude 301900, and on the
(a) The anchorage grounds(1) Explo- west by longitude 885500.
sives Anchorage Area 1. A rectangular (b) The regulations. (1) The anchor-
area 3,000 yards long by 700 yards wide ages are exclusively for the use of un-
beginning at a point 1,350 yards west of manned barges, canal boats, scows, and
U.S. Highway 98 Bridge over Gulf Coun- other nondescript vessels. Such craft
ty Canal. The area is parallel to and 450 shall be so anchored that they will not
yards northeast of the north entrance at any time extend outside the limits
channel to Port St. Joe, Florida. of the anchorages.
488
(2) In emergencies or whenever mari- with the west limit 1,200 feet from the
time or commercial interests of the ALWP of the right descending bank.
United States so require, the Captain CAUTION: A pipeline crossing exists at mile
of the Port is authorized to shift the 9.8 AHOP. Mariners are urged to use caution
position of any craft in the anchorages. between mile 9.6 AHOP and mile 10.0 AHOP.
(3) Whenever in the opinion of the
Captain of the Port, such action may (3) Upper Venice Anchorage. An area
be necessary, any or all craft in these 1.2 miles in length along the left de-
anchorages may be required to be scending bank of the river from mile
moored with two or more anchors. 10.0 to mile 11.2 above Head of Passes
(4) No vessel shall be navigated with- with the west limit 1,200 feet from the
in the anchorages at a speed exceeding ALWP of the right descending bank.
six knots. (4) Boothville Anchorage. An area 5.5
miles in length along the right de-
110.194b Mississippi Sound and Gulf scending bank of the river extending
of Mexico, near Petit Bois Island, from mile 13.0 to mile 18.5 above Head
Miss. of Passes. The width of the anchorage
(a) The anchorage grounds(1) Explo- is 750 feet. The inner boundary of the
sives Anchorage Area No. 1. A circular anchorage is a line parallel to the near-
area with a one-half mile radius with est bank 250 feet from the waters edge
its center located at latitude 301409, into the river as measured from the
longitude 882913, in the waters of Low Water Reference Plane (LWRP).
Mississippi Sound north of the west The outer boundary of the anchorage is
end of Petit Bois Island. a line parallel to the nearest bank 1,000
(2) Explosives Anchorage Area No. 2. A feet from the waters edge into the
circular area with a three-fourths mile river as measured from the LWRP.
radius with its center located at lati- (5) Ostrica Anchorage. An area 1.4
tude 301112, longitude 883007, in the miles in length along the right de-
waters of Gulf of Mexico south of the scending bank of the river extending
west end of Petit Bois Island. from mile 23.0 to mile 24.4 above Head
(b) The regulations. (1) The areas shall of Passes. The width of the anchorage
be used as temporary anchorages for is 800 feet.
vessels engaged in loading and unload- (6) Port Sulphur Anchorage. An area
ing explosives at the Port of 2.2 miles in length along the left de-
Pascagoula, Miss. scending bank of the river, 800 feet
(2) No vessel shall occupy the areas wide, extending from mile 37.5 to mile
without obtaining a permit from the 39.7 above Head of Passes.
Captain of the Port. (7) Magnolia Anchorage. An area 2.1
miles in length along the right de-
110.195 Mississippi River below scending bank of the river extending
Baton Rouge, LA, including South from mile 45.5 to mile 47.6 above Head
and Southwest Passes. of Passes. The width of the anchorage
(a) The Anchorage Grounds. Unless is 700 feet. The inner boundary of the
otherwise specified, all anchorage anchorage is a line parallel to the near-
widths are measured from the average est bank 400 feet from the waters edge
low water plane (ALWP). into the river as measured from the
(1) Pilottown Anchorage. An area 5.2 LWRP. The outer boundary of the an-
miles in length along the right de- chorage is a line parallel to the nearest
scending bank of the river from mile bank 1,100 feet from the waters edge
1.5 to mile 6.7 above Head of Passes, ex- into the river as measured from the
tending in width to 1600 feet from the LWRP.
left descending bank of the river. (8) Point Celeste Anchorage. An area
2.2 miles in length along the right de-
CAUTION: A wreck is located within the scending bank of the river extending
boundaries of this anchorage. Mariners are from mile 49.8 to mile 52.0 above Head
urged to use caution in this anchorage.
of Passes. The width of the anchorage
(2) Lower Venice Anchorage. An area is 400 feet. The inner boundary of the
1.6 miles in length along the left de- anchorage is a line parallel to the near-
scending bank of the river from mile est bank 400 feet from the waters edge
8.0 to mile 9.6 above Head of Passes into the river as measured from the
489
110.195 33 CFR Ch. I (7110 Edition)
LWRP. The outer boundary of the an- anchorage is a line parallel to the near-
chorage is a line parallel to the nearest est bank 425 feet from the waters edge
bank 800 feet from the waters edge into the river as measured from the
into the river as measured from the LWRP. The outer boundary of the an-
LWRP. chorage is a line parallel to the nearest
(9) Davant Anchorage. An area 1.1 bank 1,000 feet from the waters edge
miles in length along the left descend- into the river as measured from the
ing bank of the river extending from LWRP.
mile 52.8 to mile 53.9 above Head of (14) Lower 12 Mile Point Anchorage. An
Passes. The width of the anchorage is area 2.2 miles in length along the right
800 feet. descending bank of the river extending
(10) Alliance Anchorage. An area 2.0 from mile 78.6 to mile 80.8 above Head
miles in length along the right de- of Passes. The width of the anchorage
scending bank of the river extending is 500 feet. The inner boundary of the
from mile 63.8 to mile 65.8 above Head anchorage is a line parallel to the near-
of Passes. The width of the anchorage est bank 300 feet from the waters edge
is 400 feet. The inner boundary of the into the river as measured from the
anchorage is a line parallel to the near- LWRP. The outer boundary of the an-
est bank 400 feet from the waters edge chorage is a line parallel to the nearest
into the river as measured from the bank 800 feet from the waters edge
LWRP. The outer boundary of the an- into the river as measured from the
chorage is a line parallel to the nearest LWRP.
bank 800 feet from the waters edge (15) Lower 9 Mile Point Anchorage. An
into the river as measured from the area 2.3 miles in length along the right
LWRP. descending bank of the river extending
(11) Wills Point Anchorage. An area 1.1 from mile 82.7 to mile 85.0 above Head
miles in length along the left descend- of Passes. The width of the anchorage
ing bank of the river extending from is 500 feet. The inner boundary of the
mile 66.5 to mile 67.6 above Head of anchorage is a line parallel to the near-
Passes. The width of the anchorage is est bank 300 feet from the waters edge
600 feet. The inner boundary of the an- into the river as measured from the
chorage is a line parallel to the nearest LWRP. The outer boundary of the an-
bank 200 feet from the waters edge chorage is a line parallel to the nearest
into the river as measured from the bank 800 feet from the waters edge
LWRP. The outer boundary of the an- into the river as measured from the
chorage is a line parallel to the nearest LWRP.
bank 800 feet from the waters edge
into the river as measured from the Caution: A wreck is located within the bound-
aries of this anchorage. Mariners are urged to
LWRP. use caution in this anchorage.
(12) Cedar Grove Anchorage. An area
1.2 miles in length along the right de- (16) New Orleans Emergency Anchor-
scending bank of the river extending age. An area 0.5 miles in length along
from mile 69.9 to mile 71.1 above Head the right descending bank of the river
of Passes. The width of the anchorage extending from mile 89.6 to mile 90.1
is 500 feet. The inner boundary of the above Head of Passes. The width of the
anchorage is a line parallel to the near- anchorage is 550 feet. The inner bound-
est bank 200 feet from the waters edge ary of the anchorage is a line parallel
into the river as measured from the to the nearest bank 250 feet from the
LWRP. The outer boundary of the an- waters edge into the river as measured
chorage is a line parallel to the nearest from the LWRP. The outer boundary of
bank 700 feet from the waters edge the anchorage is a line parallel to the
into the river as measured from the nearest bank 800 feet from the waters
LWRP. edge into the river as measured from
(13) Belle Chasse Anchorage. An area the LWRP.
2.1 miles in length along the right de- NOTE: No vessel shall occupy this anchor-
scending bank of the river extending age unless expressly authorized by the Cap-
from mile 73.1 to mile 75.2 above Head tain of the Port. No vessel may anchor in
of Passes. The width of the anchorage this anchorage exceeding 24 hours without
is 575 feet. The inner boundary of the the authorization of the Captain of the Port.
490
(17) New Orleans General Anchorage. a line parallel to the nearest bank 300
An area 0.8 miles in length along the feet from the waters edge into the
right descending bank of the river ex- river as measured from the LWRP. The
tending from mile 90.1 to mile 90.9 outer boundary of the anchorage is a
above Head of Passes. The width of the line parallel to the nearest bank 700
anchorage is 550 feet. The inner bound- feet from the waters edge into the
ary of the anchorage is a line parallel river as measured from the LWRP.
to the nearest bank 250 feet from the
waters edge into the river as measured Caution: A wreck is located at mile 115.4 left
descending bank above Head of Passes marked
from the LWRP. The outer boundary of
by Mississippi River Wreck Lighted Buoy WR4.
the anchorage is a line parallel to the Mariners are urged to use caution when anchor-
nearest bank 800 feet from the waters ing in the lower end of this anchorage.
edge into the river as measured from
the LWRP. (22) Bonnet Carre Anchorage. An area
(18) Quarantine Anchorage. An area 0.7 1.5 miles in length along the left de-
miles in length along the right descending bank of the river extending
scending bank of the river extending from mile 127.3 to mile 128.8 above Head
from mile 90.9 to mile 91.6 above Head of Passes. This area is located adjacent
of Passes. The width of the anchorage to the river end of the Bonnet Carre
is 800 feet. Spillway. The width of the anchorage
Caution: A wreck is located within the bound- is 600 feet.
aries of this anchorage. Mariners are urged to NOTE: When the Bonnet Carre Spillway is
use caution in this anchorage. open, no vessel may be anchored in the Bon-
NOTE: Vessels carrying cargos of particular net Carre Anchorage.
hazard as defined in 33 CFR 126.10 or cargos
of petroleum products in bulk may not be (23) La Place Anchorage. An area 0.7
anchored in the New Orleans General An- miles in length along the left descend-
chorage or the Quarantine Anchorage with- ing bank of the river extending from
out permission from the Captain of the Port. mile 134.7 to mile 135.4 above Head of
Except when required by the United States Passes. The width of the anchorage is
Public Health Service for quarantine inspection, 600 feet.
the Quarantine Anchorage may be used as a (24) Reserve Anchorage. An area 0.5
general anchorage. miles in length along the right de-
(19) Lower Kenner Bend Anchorage. An scending bank of the river extending
area 1.0 miles in length along the right from mile 137.0 to mile 137.5 above Head
descending bank of the river extending of Passes. The width of the anchorage
from mile 113.3 to mile 114.3 above Head is 500 feet. The inner boundary of the
of Passes. The width of the anchorage anchorage is a line parallel to the near-
is 350 feet. The inner boundary of the est bank 300 feet from the waters edge
anchorage is a line parallel to the near- into the river as measured from the
est bank 350 feet from the waters edge LWRP. The outer boundary of the an-
into the river as measured from the chorage is a line parallel to the nearest
LWRP. The outer boundary of the an- bank 800 feet from the waters edge
chorage is a line parallel to the nearest into the river as measured from the
bank 700 feet from the waters edge LWRP.
into the river as measured from the (25) Lower Grandview Reach Anchor-
LWRP. age. An area 0.3 miles in length along
(20) Kenner Bend Anchorage. An area the left descending bank of the river
0.9 miles in length along the right de- extending from mile 146.4 to mile 146.7
scending bank of the river extending above Head of Passes. The width of the
from mile 114.7 to mile 115.6 above Head anchorage is 500 feet. The inner bound-
of Passes. The width of the anchorage ary of the anchorage is a line parallel
is 700 feet. to the nearest bank 200 feet from the
(21) Ama Anchorage. An area 1.8 miles waters edge into the river as measured
in length along the left descending from the LWRP. The outer boundary of
bank of the river extending from mile the anchorage is a line parallel to the
115.5 to mile 117.3 above Head of Passes. nearest bank 700 feet from the waters
The width of the anchorage is 400 feet. edge into the river as measured for the
The inner boundary of the anchorage is LWRP.
491
110.195 33 CFR Ch. I (7110 Edition)
(26) Middle Grandview Reach Anchor- 1,400 feet wide, extending from mile
age. An area 0.4 miles in length along 225.8 to mile 227.3 above Head of Passes.
the left descending bank of the river
Caution: Two wrecks are located within the
extending from mile 146.8 to mile 147.2 boundaries of this anchorage. Mariners are
above Head of Passes. The width of the urged to use caution in this anchorage.
anchorage is 500 feet. The inner bound-
ary of the anchorage is a line parallel (31) Lower Baton Rouge Anchorage. An
to the nearest bank 200 feet from the area 0.5 miles in length near mid-chan-
waters edge into the river as measured nel between mile 228.5 and mile 229.0
from the LWRP. The outer boundary of above Head of Passes with the west
the anchorage is a line parallel to the limit 1,100 feet off the right descending
nearest bank 700 feet from the waters bank and having the width of 700 feet
edge into the river as measured from at both the upper and lower limits.
the LWRP. (32) Middle Baton Rouge Anchorage.
(27) Upper Grandview Reach Anchor- An area 0.2 miles in length near mid-
age. An area 1.3 miles in length along channel between mile 229.6 and mile
the left descending bank of the river 229.8 above Head of Passes with the
extending from mile 147.5 to mile 148.8 west limit 1,100 feet off the right de-
above Head of Passes. The width of the scending bank and having a width of
anchorage is 500 feet. The inner bound- 700 feet at both the upper and lower
ary of the anchorage is a line parallel limits.
to the nearest bank 200 feet from the (33) Upper Baton Rouge Anchorage. An
waters edge into the river as measured area 0.4 miles in length near mid-chan-
from the LWRP. The outer boundary of nel between mile 230.6 and mile 231.0
the anchorage is a line parallel to the above Head of Passes with the west
nearest bank 700 feet from the waters limit 1,100 feet off the right descending
edge into the river as measured from bank and having a width of 1,075 feet at
the LWRP. the upper limit and 1,200 feet at the
(28) Sunshine Anchorage. An area 2.0 lower limit.
miles in length along the left descend- (b) Temporary Anchorages. (1) Tem-
ing bank of the river extending from porary anchorages are non-permanent
mile 165.0 to mile 167.0 above Head of anchorages established by the Com-
Passes. The width of the anchorage is mander, Eighth Coast Guard District
450 feet. The inner boundary of the an- to provide additional anchorage space.
chorage is a line parallel to the nearest Establishment of temporary anchor-
bank 350 feet from the waters edge ages is based on recommendations by
into the river as measured from the the Captain of the Port.
LWRP. The outer boundary of the an- (2) Each vessel using temporary an-
chorage is a line parallel to the nearest chorages shall anchor as prescribed by
bank 800 feet from the waters edge the Captain of the Port.
into the river as measured from the (3) Establishment of each temporary
LWRP. anchorage and any requirement for the
(29) White Castle Anchorage. An area temporary anchorage will be published
0.7 miles in length along the right de- in the Local Notice of Mariners.
scending bank of the river extending (4) Each person who has notice of any
from mile 190.4 to mile 191.1 above Head requirement prescribed for a tem-
of Passes. The width of the anchorage porary anchorage shall comply with
is 300 feet. The inner boundary of the that requirement.
anchorage is a line parallel to the near- (c) The Regulations. (1) Anchoring in
est bank 400 feet from the waters edge the Mississippi River below Baton
into the river as measured from the Rouge, LA., including South and
LWRP. The outer boundary of the an- Southwest Passes is prohibited outside
chorage is a line parallel to the nearest of established anchorages except in
bank 700 feet from the waters edge cases of emergency. In an emergency, if
into the river as measured from the it becomes necessary to anchor a vessel
LWRP. outside an established anchorage, the
(30) Baton Rouge General Anchorage. vessel shall be anchored so that it does
An area 1.5 miles in length along the not interfere with or endanger any fa-
right descending bank of the river, cility or other vessel. The master or
492
person in charge of the vessel shall no- must keep the ships hold cargo gear in
tify the Captain of the Port of the loca- the down and hawsed position, as
tion of the emergency anchoring by the rigged for sea transits. Deck-mounted
most expeditious means and shall move cranes, deck booms and stiff legs may
the vessel as soon as the emergency is be used to take on ships stores and
over. spare parts and may be used to move
(2) In an emergency, if it becomes manifold hoses.
necessary to anchor a vessel in South (8) Nothing in this section relieves
Pass or Southwest Pass, the vessel the owner or person in charge of any
shall be positioned as close to the left vessel from the penalties for obstruct-
descending bank as possible. ing or interfering with navigational
(3) No vessel may be anchored unless aids or for failing to comply with the
it maintains a bridge watch, guards navigation laws for lights, day shapes,
and answers Channel 16 FM (or the ap- or fog signals and any other applicable
propriate VTS New Orleans sector fre- laws and regulations.
quency), maintains an accurate posi-
tion plot and can take appropriate ac- [CGD 77028, 46 FR 49850, Oct. 8, 1981]
tion to ensure the safety of the vessel, EDITORIAL NOTE: For FEDERAL REGISTER ci-
structure, and other vessels. tations affecting 110.195, see the List of CFR
(4) When anchoring individually, or Sections Affected, which appears in the
in fleets, vessels shall be anchored with Finding Aids section of the printed volume
sufficient anchors, or secured with suf- and on GPO Access.
ficient lines, to ensure their remaining
in place and withstanding the actions 110.196 Sabine Pass Channel, Sabine
of winds, currents and the suction of Pass, Tex.
passing vessels. (a) The anchorage area. The water
(5) No vessel may be anchored over bounded by a line connecting the fol-
revetted banks of the river or within lowing coordinates:
any cable or pipeline area. The loca-
tions of revetted areas and cable and Latitude Longitude
pipeline areas may be obtained from 294414 N 935224 W
the District Engineer, Corps of Engi- 294418 N 935206 W
neers, New Orleans, LA. 294353 N 935147 W
(6) The intention to transfer any 294332 N 935152 W
cargo while in an anchorage shall be
reported to the Captain of the Port,
giving particulars as to name of ships (b) The regulations. (1) The anchorage
involved, quantity and type of cargo, area is for the temporary use of vessels
and expected duration of the operation. of all types, but especially for naval
The Captain of the Port shall be noti- and merchant vessels awaiting weather
fied upon completion of operations. and tidal conditions favorable to the
Cargo transfer operations are not per- resumption of their voyages.
mitted in the New Orleans General or (2) Except when stress of weather or
Quarantine Anchorages. Bunkering and adverse tides or currents make sailing
similar operations related to ships impractical or hazardous, vessels shall
stores are exempt from reporting re- not anchor in the anchorage area for
quirements. periods exceeding 48 hours unless ex-
pressly authorized by the Captain of
NOTE: Activities conducted within a des- the Port to anchor for longer periods.
ignated anchorage (e.g. cargo transfer, tank
cleaning, stack blowing, etc.) may be re- (3) Vessels shall not anchor so as to
stricted by other Federal, State or local reg- obstruct the passage of other vessels
ulations. Owners, or persons in charge of any proceeding to or from available anchor-
vessel should consider all safety and/or envi- age spaces.
ronmental regulations prior to engaging in (4) Anchors shall not be placed
any activity within designated anchorages. channelward from the anchorage area,
(7) Vessels anchored in the Lower and no portion of the hull or rigging of
any anchored vessel shall extend
Kenner Bend Anchorage are prohibited

from using or exercising the ships hold channelward from the limits of the an-
cargo cranes. Vessels in this anchorage chorage area.
493
110.197 33 CFR Ch. I (7110 Edition)
(5) Vessels using spuds for anchors ardous, vessels shall not anchor in an-
shall anchor as close to shore as prac- chorage areas (A) or (C) for more than
ticable having due regard for the provi- 48 hours unless expressly authorized by
sions in paragraph (b)(3) of this section. the Captain of the Port Houston-Gal-
(6) Fixed moorings, piles or stakes, veston. Permission to anchor for longer
and floats or buoys for marking an- periods may be obtained through Coast
chorages or moorings in place are pro- Guard Vessel Traffic Service Houston/
hibited. Galveston on VHF-FM channels 12
(7) Whenever the maritime or com- (156.60 MHz) or 13 (156.65 MHz).
mercial interests of the United States (3) No vessel with a draft of less than
so require, the Captain of the Port is 22 feet may occupy anchorage (A) with-
hereby empowered to shift the position out prior approval of the Captain of the
of any vessel anchored or moored with- Port.
in or outside of the anchorage area in- (4) No vessel with a draft of less than
cluding any vessel which is moored or 16 feet may anchor in anchorage (C)
anchored so as to obstruct navigation without prior approval of the Captain
or interfere with range lights.
of the Port Houston-Galveston.
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as (5) Vessels shall not anchor so as to
amended by CGD080626, 72 FR 464, Jan. 5, obstruct the passage of other vessels
2007] proceeding to or from other anchorage
110.197 Galveston Harbor, Bolivar spaces.
Roads Channel, Texas. (6) Anchors shall not be placed in the
channel and no portion of the hull or
(a)(1) Anchorage area (A). The water
rigging of any anchored vessel shall ex-
bounded by a line connecting the fol-
tend outside the limits of the anchor-
lowing points:
age area.
292048.5 N 944254.0 W
292043.0 N 944446.5 W
(7) Vessels using spuds for anchors
292115.0 N 944427.0 W shall anchor as close to shore as prac-
292105.0 N 944252.0 W ticable, having due regard for the pro-
visions in paragraph (b)(5) of this sec-
and thence to the point of beginning.
tion.
(2) Anchorage area (B). The water (8) Fixed moorings, piles or stakes,
bounded by a line connecting the fol- and floats or buoys for marking an-
lowing points: chorages or moorings in place, are pro-
292043.0 N 944446.5 W hibited.
292037.0 N 944608.0 W (9) Whenever the maritime or com-
292114.0 N 944550.0 W
mercial interests of the United States
292115.0 N 944427.0 W
so require, the Captain of the Port, or
and thence to the point of beginning. his authorized representative, may di-
(3) Anchorage area (C). The water rect the movement of any vessel an-
bounded by a line connecting the fol- chored or moored within the anchorage
lowing points: areas.
Latitude Longitude [CCGD88521, 55 FR 11369, Mar. 28, 1990, as
amended by CGD0802018, 68 FR 25497, May
292039.0 N ........................ 944607.5 W. 13, 2003]
292106.1 N ........................ 944700.2 W.
292124.0 N ........................ 944634.0 W.
292114.5 N ........................ 944549.0 W.
110.205 Chicago Harbor, Ill.
(a) The anchorage grounds(1) An-
and thence to the point of beginning. chorage A, exterior breakwater. South-
(b) The regulations. (1) The anchorage west of a line parallel with and 150 feet
area is for the temporary use of vessels southwestward of the exterior break-
of all types, but especially for vessels water; west of a line parallel with and
awaiting weather and other conditions 150 feet west of the south extension of
favorable to the resumption of their the exterior breakwater; northeast of a
voyages.
line parallel with and 1,500 feet south-

(2) Except when stress of weather westward of the exterior breakwater;
makes sailing impractical or haz- and east of a line parallel with the
494
south extension of the exterior break- (b) The rules and regulations. (1) Ex-
water and 500 feet eastward of the east cept in cases of emergency, no vessel
face of the filtration plant. may be anchored in Chicago Harbor
(2) Anchorage B, south arm. West of a outside of the anchorage grounds in
line parallel with and 150 feet west of paragraph (a) of this section or the spe-
the south arm of the exterior break- cial anchorage areas prescribed in
water; north of a line perpendicular to 110.83.
the south arm at its south end; east of (2) Anchors must not be placed out-
a line parallel with the south arm, side the anchorage areas, nor shall any
about 2,200 feet therefrom and on line vessel be so anchored that any portion
with the east face of the Municipal of the hull or rigging shall at any time
Pier; and south of a line perpendicular extend outside the boundaries of the
to the south arm 700 feet from its north anchorage area.
end. (3) Any vessel anchoring under cir-
(3) Anchorage C, shore arm. South of a cumstances of great emergency outside
line parallel with and 150 feet south- of the anchorage areas must be placed
ward of the shore arm of the exterior near the edge of the channel and in
breakwater; west of a line parallel with such position as not to interfere with
the south extension of the exterior the free navigation of the channel nor
breakwater, 100 feet westward of the obstruct the approach to any pier nor
east end of the shore arm; northwest of impede the movement of any boat, and
a line perpendicular to the Lake Shore shall move away immediately after the
Drive revetment and 300 feet northwest emergency ceases, or upon notification
of the northwest corner of the filtra- by the Captain of the Port.
tion plant; and east of a line parallel (4) The maneuvering of a vessel by
with and 600 feet lakeward of the Lake means of a dragged anchor, except
Shore Drive revetment. within an established anchorage
(4) Anchorage D, Chicago Harbor Lock ground or in stress of weather or to
South. Beginning at a point 35.5 feet avoid collision, is prohibited. Unneces-
South (16 feet South of the South face sary maneuvering in any of the anchor-
of the Southeast guidewall) and 28.0 age grounds is prohibited.
feet West of the SE Guide Wall Light; (5) The directions of the Captain of
thence Westerly and parallel to the the Port assigning vessels to parts of
guidewall 800 feet to a point that is 16 the anchorage grounds suitable to their
feet South of the South face of the draft, requiring vessels to anchor bow
Southeast guidewall; thence Southerly and stern, requiring shifting the an-
80 feet to a point that is 96 feet South chorage of any vessel within any an-
of the South face of the Southeast chorage ground for the common con-
guidewall; thence Easterly 800 feet to a venience, or for otherwise enforcing
point that is 96 feet South of the south this section, shall be promptly exe-
face of the southeast guidewall; thence cuted by owners, masters, and persons
Northerly 80 feet to the point of begin- in charge of vessels.
ning. (6) Nothing in this section shall be
(5) Anchorage E, Chicago Harbor Lock construed as relieving the owner or
North. Beginning at a point 156.75 feet person in charge of any vessel from the
North (16 feet North of the North face penalties of the law for obstructing
of the Northeast guidewall) and 590 feet navigation or for obstructing or inter-
West of the SE Guidewall Light; thence fering with range lights, or for not
Westerly and parallel to the guidewall complying with the navigation laws in
600 feet to a point that is 16 feet North regard to lights, fog signals, or for oth-
of the North face of the Northeast erwise violating law.
guidewall; thence Northerly 80 Feet to (7) No vessel may use anchorages A,
a point that is 96 feet North of the B, D, and E except commercial vessels
North face of the Northeast guidewall; operated for profit. No person may
thence Easterly 600 feet to a point that place floats or buoys for making moor-
is North of the North face of the North- ings or anchors in place in anchorages
east guidewall; thence Southerly 80 A and B. No person may place fixed
feet to the point of beginning. moorings piles or stakes in anchorages
495
110.206 33 CFR Ch. I (7110 Edition)
A and B. (Mooring facilities are avail- hours without permission of the Cap-
able adjacent to the lakeside tain of the Port of Detroit.
guidewalls of the Chicago Harbor Lock
[CGD09 8505, 51 FR 21357, June 12, 1986, as
in anchorages D and E.) All vessels
using anchorages D and E shall moor June 30, 1998]
against pile clusters adjacent to the re-
spective anchorage. 110.207 Cleveland Harbor, Ohio.
Any time barges are moored in an-
chorage D or E, a manned towing ves- (a) The anchorage grounds(1) West
sel shall be present in one of these an- anchorage. The northwesterly portion
chorages. Exceptions to this surveil- of the West Basin between the north-
lance requirement are allowable for pe- west limits of the West Basin and a
riods not to exceed one hour. line parallel to and 1,050 feet distant
(8) No commercial vessels operated from the West Breakwater; and from
for profit that measure 50 gross tons or the southwest limits of the West Basin
more may anchor in anchorage C. Tem- to a line perpendicular to the West
porary floats or buoys for marking Breakwater, 2,050 feet southwesterly
moorings or anchors in place may be along the West Breakwater from Cleve-
used in anchorage C. No person may land West Breakwater Light.
place a fixed mooring pile or stake in (2) East anchorage. The southeasterly
anchorage C. portion of the East Basin between the
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as mainland and a line parallel to and
amended by CGFR 7065a, 36 FR 7967, Apr. 28, 1,250 feet distant from the East Break-
1971; CGD98501, 50 FR 29224, July 18, 1985] water; from opposite Cleveland East
Entrance Light to a due north line
110.206 Detroit River, Michigan. passing through the flashing white
(a) The Anchorage grounds. Belle Isle light on the Allied Oil Company dock.
Anchorage. The area is in the Detroit (3) Explosives anchorage. In Lake Erie,
River immediately downstream from northwest of Cleveland Harbor East
Belle Isle on the U.S. side of the Inter- Breakwater, and including a rectan-
national Boundary line within the fol- gular area marked by four white spar
lowing boundaries: beginning at a point buoys at the following true bearings
bearing 250 T, 5400 feet from the James and distances from Cleveland East
Scott Memorial Fountain (422006 N., Pierhead Light: 3830, 2,050 feet; 68,
825957 W.) at the West end of Belle 2,050 feet; 57, 7,050 feet; and 49, 7,050
Isle; then 251 T, 3000 feet; thence 341 T, feet.
800 feet; thence 071 T, 3000 feet; thence (b) The regulations. (1) The west and
161 T, 800 feet to the point of beginning. east anchorages are general anchor-
(b) The regulations. (1) Vessels shall ages.
be anchored so as not to swing into the
(2) Use of the explosives anchorage
channel or across steering courses.
shall be subject to the supervision of
(2) The Belle Isle Anchorage area is
the Captain of the Port.
for the temporary use of vessels of all
types, but especially for naval and mer- 110.208 Buffalo Harbor, N.Y.
chant vessels awaiting berths, weather,
or other conditions favorable to the re- (a) The anchorage grounds(1) Explo-
sumptions of their voyage. sives Anchorage A. Inside the south sec-
(3) No vessel may be anchored unless tion of the main breakwater 700 feet
it maintains a continuous bridge wide starting at a point 500 feet south-
watch, guards and answers channel 16 erly from the south end of the north
FM and channel 12 FM (VTC SARNIA section and extending approximately
sector frequency), maintains an accu- 153 true, 3,000 feet parallel to the line
rate position plot and can take appro- of the south section of the main break-
priate action to ensure the safety of water.
the vessel, structures and other ves-
sels. [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGD 77210, 44 FR 50040, Aug. 27,

(4) Vessels may not anchor in the 1979]
Belle Isle Anchorage for more than 72
496
110.210 San Diego Harbor, CA. (3) Vessels anchoring in San Diego
Harbor shall leave a free passage for
(a) The anchorage grounds. (1) Spe-
other craft and shall not obstruct the
cial anchorage for U.S. Government
approaches to the wharves in the har-
vessels (NAD 83). The waters bounded
bor.
by a line connecting the following
points: [CCGD118506, 51 FR 19753, June 2, 1986, as
amended by CGD119008, 56 FR 9852, Mar. 8,
324213.2 N 1171411.0 W
1991]
324112.0 N 1171400.3 W
and thence along the shoreline to the point 110.212 Newport Bay Harbor, Calif.
of beginning. (a) The anchorage grounds(1) Tem-
(2) Special anchorage for U.S. Gov- porary Anchorage C1. Southeast of a
ernment vessels (NAD 83). The waters line parallel to and 170 feet from the
bounded by a line connecting the fol- pierhead line at the east end of Lido
lowing points: Isle; north of a line parallel to and 250
324325.6 N 1171246.1 W feet north of a line bearing 268 from
324325.3 N 1171252.0 W Newport Bay Channel Light 11, this
324308.2 N 1171258.0 W line being the north line of the main
324257.9 N 1171254.0 W fairway; northwest of a line 120 feet in
length bearing 203 from the point of
and thence easterly along the northern
boundary of the channel to:
the pierhead line off the west end of
Harbor Island; and southwest of the
324305.0 N 1171130.5 W
pierhead line off the northeast shore of
324327.2 N 1171114.0 W
Lido Isle extended.
and thence along the shoreline of Harbor Is- (2) Temporary Anchorage C2. A par-
land to the point of beginning. allelogram-shaped area, 100 feet wide
(3) B Street Merchant Vessel An- and 400 feet long, lying 100 feet
chorage (NAD 83). The waters bounded bayward from and parallel to the exist-
by a line connecting the following ing pierhead line, and adjoining and on
points: the north side of Anchorage C3 de-
scribed in paragraph (a)(3) of this sec-
324300.8 N 1171036.3 W
324300.8 N 1171123.0 W
tion.
324305.0 N 1171130.5 W (i) Vessels may anchor temporarily
324327.2 N 1171114.0 W in Temporary Anchorages C1 and C2
324320.2 N 1171053.0 W when necessary and space permits, but
shall move promptly when the neces-
and thence due east to the shoreline, and
sity passes or upon order of the harbor
thence along the shoreline and pier to the
point of beginning. master.
(ii) Vessels anchoring in Temporary
(b) The regulations. (1) The anchor- Anchorages C1 and C2 shall comply
ages described in paragraphs (a)(1) and with all applicable Pilot Rules, includ-
(a)(2) of this section are reserved exclu- ing that requiring anchor lights at
sively for the anchorage of vessels of night.
the United States Government and of (iii) Floats or buoys for marking an-
authorized harbor pilot boats. No other chors or mooring in place and fixed
vessels shall anchor in this area except mooring piles or stakes are prohibited.
by special permission obtained in ad- (3) Anchorage C3. A parallelogram-
vance from the Commander, Naval shaped area, 100 feet wide and 500 feet
Base, San Diego, CA. The administra- long, lying 100 feet bayward from and
tion of these anchorages is exercised by parallel to the existing pierhead line,
the Commander, Naval Base, San and adjoining and on the south side of
Diego, CA. Temporary Anchorage C2 described in
(2) The area described in paragraph paragraph (a)(2) of this section.
(a)(3) of this section is reserved for the (i) This area is reserved for rec-
use of merchant vessels calling at the reational and other small craft.
Port of San Diego while awaiting a (ii) Fore and aft moorings will be al-
berth. The administration of this an- lowed in this area conforming to Or-
chorage is exercised by the Port Direc- ange County Harbor Ordinance No. 490
tor, San Diego Unified Port District. and other local harbor regulations for
497
110.214 33 CFR Ch. I (7110 Edition)
recreational and small craft of such of Los Angeles is published in local

size and alignment as permitted by the Port Tariffs. For purposes of this rule,
harbor master. Long Beach waters are those east, and
(iii) All vessels using this area are re- Los Angeles waters are those west, of
quired to maintain anchor lights from the following locations:
sunset to sunrise. (A) Inner Harbor: The Henry Ford
(b) The regulations. (1) Vessels may (Badger Avenue) Bridge.
anchor temporarily in these areas (B) Middle Harbor: The Pier 400
when necessary and space permits, but Transportation Corridor.
shall move promptly when the neces- (C) Outer Harbor: The western bound-
sity passes or upon order of the harbor ary of Commercial Anchorage B.
master.
(2) Required approvals, permits and no-
(2) Vessels anchoring in these areas
tifications. (i) No vessel may anchor
shall comply with all applicable Pilot
anywhere within Los Angeles or Long
Rules, including that requiring anchor
Beach harbors for more than 10 con-
lights at night.
(3) Floats or buoys for marking an- secutive days unless an extended an-
chors or moorings in place and fixed chorage permit is obtained from the
mooring piles or stakes are prohibited. Captain of the Port. In determining
whether an extended anchorage permit
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as will be granted, consideration will be
amended by CCGD118502, 51 FR 2883, Jan 22, given, but not necessarily limited to:
1986]
the current and anticipated demands
110.214 Los Angeles and Long Beach for anchorage space within the harbor,
harbors, California. the duration requested, the condition
of the vessel, and the reason for the re-
(a) General Regulations(1) Anchorage
quest.
Assignment. (i) Unless otherwise di-
rected by the Captain of the Port Los (ii) No vessel while carrying, loading,
Angeles-Long Beach, the pilot stations or unloading division 1.1 or 1.2 mate-
for the Port of Long Beach and the rials as defined in 49 CFR 173.50, or Car-
Port of Los Angeles will assign the use goes of Particular Hazard (COPH) as
of commercial anchorages within their defined in 33 CFR 126.10, or Certain
jurisdictions (Long Beach and Los An- Dangerous Cargoes (CDC) as defined in
geles Harbors respectively). All anchor- 33 CFR 160.203, may anchor without
ages outside (seaward) of the federal first obtaining a permit issued by the
breakwater will be assigned by the Los Captain of the Port.
Angeles-Long Beach Vessel Traffic In- (iii) Vessels requiring use of an explo-
formation Service (VTIS). The master, sives anchorage should contact the
pilot, or person in charge of a vessel Captain of the Port at least 24 hours
must notify the appropriate pilot sta- prior to the anticipated need for the
tion (for anchorages inside the federal explosives anchorage to allow for prop-
breakwater) or the VTIS (for anchor- er activation of that anchorage.
ages outside the federal breakwater) of (iv) Except with the prior approval of
their intention to anchor, upon anchor- the Captain of the Port, or, in the case
ing, and at least fifteen minutes prior of an emergency, with approval of the
to departing an anchorage. All anchor- Captain of the Port immediately subse-
age assignments will be made as de- quent to anchoring, no commercial ves-
scribed in this part unless modified by sel greater than 1600 gross tons may
the Captain of the Port. anchor in Los Angeles-Long Beach Har-
(ii) Radio communications for port bor unless it maintains the capability
entities governing anchorages are as to get underway within 30 minutes.
follows: Los Angeles-Long Beach Ves- Any vessel unable to meet this require-
sel Traffic Information Service, call ment must immediately notify the
sign LA-Long Beach Traffic, Channel Captain of the Port and make arrange-
14 VHF-FM; Los Angeles Port Pilots, ments for an adequate number of tugs
Channel 73 VHF-FM; Long Beach Port to respond to the vessel within 30 min-
utes notice.
Pilots, Channel 74 VHF-FM.

(iii) The exact boundary separating (v) In anchorages where lightering is
the Port of Long Beach from the Port authorized, the Captain of the Port
498
must be notified at least 4 hours in ad- anchoring outside of designated an-

vance of a vessel conducting lightering chorage areas. In the event a vessel an-
operations (see 33 CFR 156.118). chors outside a designated anchorage
(3) Other General Requirements. (i) area for emergency reasons, the mas-
When at anchor, all commercial vessels ter, pilot, or person in charge of the
greater than 1600 gross tons shall, at vessel shall:
all times, have a licensed or (i) Position the vessel so as to mini-
credentialed deck officer on watch and mize the danger to other vessels and fa-
maintain a continuous radio listening cilities;
watch unless subject to one of the ex- (ii) Immediately notify the Captain
emptions in this paragraph. The radio of the Port by the most expeditious
watch must be on CH13 VHF-FM when means of the vessels location and the
anchored inside the federal break- reason(s) for the emergency anchoring;
water, and on CH14 VHF-FM or on CH and
16 VHF-FM when anchored outside the (iii) Move the vessel as soon as the
federal breakwater, except for un- emergency condition prompting an-
manned barges; vessels which have less choring outside a designated area
than 100 gallons of oil or fuel onboard abates, or as soon as ordered to move
regardless of how the fuel is carried; by the Captain of the Port, whichever
and other vessels receiving advance ap- occurs sooner.
proval from the Captain of the Port. (5) Exemption from rules. The Captain
(ii) When sustained wind speeds ex- of the Port may, upon request, or
ceed 40 knots, all anchored commercial whenever he/she deems appropriate, au-
vessels greater than 1600 gross tons thorize a deviation from any rule in
shall ensure their propulsion plant is this section.
placed in immediate standby and a sec- (b) The anchorage grounds. Locations
ond anchor is made ready to let go. of anchorage grounds are as described
Vessels unable to comply with this re- in this section. Specific requirements
quirement must immediately notify for individual anchorages are con-
the Captain of the Port. In such case, tained in paragraphs (c) and (d) of this
the Captain of the Port may require section. All coordinates referenced use
the vessel to have one or more tugs datum: NAD 83.
standing by to render immediate as- (1) Commercial Anchorage A (Los Ange-
sistance. les Harbor). A circular area with a ra-
(4) Prohibitions. Within Los Angeles dius of 400 yards (approximately 366
Harbor, Long Beach Harbor, and the meters), centered in position 33-43-
Los Angeles-Long Beach Precautionary 19.2N, 118-14-18.5W.
Area, except for emergency reasons, or (2) Commercial Anchorage B (Long
with the prior approval of the Captain Beach Harbor). An area enclosed by a
of the Port, vessels are prohibited from line joining the following coordinates:
Latitude Longitude
Beginning point ...................................................................................................... 334437.0 N 118 1300.0 W.

Thence south/southeast to .................................................................................... 334412.0 N 118 1236.2 W.
Thence southeast to .............................................................................................. 33 4338.2 N 118 1136.9 W.
Thence southwest to ............................................................................................. 33 4326.1 N 118 1147.2 W.
Thence west to ...................................................................................................... 334326.1 N 1181222.7 W.
Thence west/southwest to ..................................................................................... 33 4258.9 N 118 1353.0 W.
Thence north/northwest to .................................................................................... 33 4346.0 N 118 1413.6 W.
Thence east/northeast to ...................................................................................... 33 4354.5 N 118 1350.0 W.
Thence north to ..................................................................................................... 334422.8 N 1181351.0 W.
Thence east/northeast to the beginning point.
(3) Commercial Anchorage C (Long Beach Harbor). An area enclosed by a line join-
ing the following coordinates:
Latitude Longitude
Beginning point ...................................................................................................... 334420.0 N 1180826.2 W

Thence west to ...................................................................................................... 334423.5 N 1180932.6 W
Thence north to ..................................................................................................... 334452.8 N 1180933.2 W
499
110.214 33 CFR Ch. I (7110 Edition)
Latitude Longitude
Thence southeast to .............................................................................................. 334425.2 N 1180826.2 W

Thence south to the beginning point.
(4) Commercial Anchorage D (Long Beach Harbor). An area enclosed by a line be-
ginning near the east end of the Long Beach Breakwater and joining the fol-
lowing coordinates:
Latitude Longitude

Thence west to ...................................................................................................... 334327.2 N 1181046.5 W
Thence north to ..................................................................................................... 334351.0 N 1181046.5 W
Thence northeast to .............................................................................................. 334418.5 N 1181027.2 W
Thence east to ...................................................................................................... 334418.5 N 1180812.6 W
Thence south to the beginning point.
(5) Commercial Anchorage E (Long Beach Harbor). An area enclosed by a line join-
ing the following coordinates:
Latitude Longitude
Beginning point ...................................................................................................... 334437.0 N 1180948.5 W.

Thence southwest to ............................................................................................. 33 4418.5 N 118 0956.8 W.
Thence west to ...................................................................................................... 334418.5 N 1181027.2 W.
Thence northwest to .............................................................................................. 33 4427.6 N 118 1041.0 W.
Thence west/northwest to ..................................................................................... 33 4429.0 N 118 1057.4 W.
Thence north/northwest to .................................................................................... 33 4506.4 N 118 1109.5 W.
Thence northeast to .............................................................................................. 33 4515.2 N 118 1046.1 W.
Thence southeast to .............................................................................................. 33 4511.0 N 118 1032.0 W.
Thence south to .................................................................................................... 334452.0 N 1181032.0 W.
Thence southeast to the beginning point.
(6) Commercial Anchorage F (outside of Long Beach Breakwater). The waters south-
east of the Long Beach Breakwater bounded by a line connecting the following
coordinates:
Latitude Longitude
Beginning point ...................................................................................................... 334305.1 N 1180759.0 W.

Thence west to ...................................................................................................... 334305.1 N 1181036.5 W.
Thence south/southeast to .................................................................................... 33 3817.5 N 118 0700.0 W.
Thence north/northeast to ..................................................................................... 33 4023.0 N 118 0603.0 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

Thence west to ...................................................................................................... 334305.4 N 1181218.7 W
Thence west/southwest to ..................................................................................... 334225.9 N 1181419.2 W
Thence southeast to .............................................................................................. 334140.3 N 1181305.2 W
Thence east/northeast to ...................................................................................... 334208.8 N 1181136.8 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
334255.9 N 1181644.4 W
334226.8 N 1181633.9 W
(9) General Anchorage P (Long Beach Harbor). The waters within an area begin-
ning at Alamitos Bay West Jetty Light 1 and connecting the following coordi-
nates:
500
Latitude Longitude

Thence northwest to .............................................................................................. 334420.6 N 1180731.7 W
Thence northwest .................................................................................................. 334506.5 N 1180934.0 W
Thence along the eastern shoreline of Island White to the lighted marker at ..... 334513.5 N 1180934.0 W
Thence north/northwest to .................................................................................... 334549.4 N 1181038.8 W
And thence east/southeast along the Long Beach shoreline and the Alamitos Bay West Jetty to the beginning point.
(10) General Anchorage Q (Long Beach Harbor/Alamitos Bay/Anaheim Bay). The wa-
ters within an area described as follows:
Latitude Longitude

Thence east/southeast to ...................................................................................... 334420.6 N 1180731.7 W
Thence along a line described as an arc, radius of 460 meters (approximately
1509 feet) centered on ...................................................................................... 334412.5 N 1180716.5 W
To .......................................................................................................................... 334404.8 N 1180701.0 W
Thence north/northeast to ..................................................................................... 334424.0 N 1180704.1 W
Thence east/southeast to ...................................................................................... 334422.5 N 1180657.0 W
Thence along the shoreline of Seal Beach and Anaheim Bay W. Jetty to .......... 334339.1 N 1180606.8 W
Thence west/southwest to ..................................................................................... 334327.8 N 1180739.9 W
Thence west to ...................................................................................................... 334338.4 N 1180812.9 W
and thence north to the beginning point.
(11) Explosives Anchorage (Long Beach lations applicable to certain anchor-

Harbor). A circular area with a radius ages. Requirements for the explosives
of 1,909 yards (1,745 meters), centered in anchorage are contained in paragraph
position 334337.0 N, 1180905.3 W. (d) of this section.
(c) Individual anchorage requirements: (2) The geographic boundaries of each
(1) Table 110.214(c) lists anchorage anchorage are contained in paragraph
grounds, identifies the purpose of each (b) of this section.
anchorage, and contains specific regu-
TABLE 110.214(C)
Anchorage General location Purpose Specific regulations
A .............................................. Los Angeles Harbor ............... Commercial ............................ Note a.

B .............................................. Long Beach Harbor ................ ......do ..................................... ......Do.
C .............................................. ......do ..................................... ......do ..................................... Notes a, g.
D .............................................. ......do ..................................... Commercial & Naval .............. Notes a, b, g.
E .............................................. ......do ..................................... Commercial ............................ Note c.
F .............................................. Outside Breakwater ............... ......do ..................................... Notes c, g.
G .............................................. ......do ..................................... ......do ..................................... Notes c, d.
N .............................................. Los Angeles Harbor ............... Small Craft ............................. Note e.
P .............................................. Long Beach Harbor ................ ......do ..................................... Note f.
Q .............................................. ......do ..................................... ......do ..................................... Notes c, g.
NOTES:
a. Bunkering and lightering are permitted.
b. West of 1180948 W priority for use of the anchorage will be given to commercial vessels over 244 meters (approxi-
mately 800 feet). East of 1180948 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 con-
forming 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 con-
forming 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 require-
ments of paragraph (d) of this section apply.
(d) Explosives Anchorage (Long Beach chorage shall be given to vessels car-
Harbor). (1) Priority for use of this an- rying, loading, or unloading division
501
110.215 33 CFR Ch. I (7110 Edition)
1.1, 1.2, 1.3, or 1.4 (explosive) materials (1) East Side:Continued

as defined in 49 CFR 173.50, or Cargoes 334353.0 N 1180515.0 W
of Particular Hazard (COPH) as defined 334349.0 N 1180518.0 W
in 33 CFR 126.10, or Certain Dangerous 334336.5 N 1180556.0 W
334337.0 N 1180557.0 W
Cargoes (CDC) as defined in 33 CFR 334403.0 N 1180535.0 W
160.203.
(2) Vessels requiring the use of this (2) West Side:
anchorage shall notify the Captain of 334405.0 N 1180540.0 W
the Port at least 24 hours in advance of 334406.0 N 1180556.5 W
their intentions including the esti- 334401.0 N 1180601.0 W
mated times of arrival, departure, net 334340.5 N 1180603.0 W
explosive weight, and whether the ves- 334339.5 N 1180602.0 W
sel will be loading or unloading. Ves- 334405.0 N 1180540.0 W
sels may not use this anchorage with- (b) The regulations. (1) This area is re-
out first obtaining a permit issued by served for use of naval vessels carrying
the Captain of the Port. or transferring ammunition or explo-
(3) No vessel containing more than sives under standard military restric-
680 metric tons (approximately 749 tions as established by the Safety Man-
tons) of net explosive weight (NEW) ual, Armed Service Explosives Board.
may anchor in this anchorage; (2) No pleasure or commercial craft
(4) Bunkering and lightering oper- shall navigate or anchor within this
ations are permitted in the explosives area at any time without first obtain-
anchorage, except that vessels engaged ing permission from the Commanding
in the loading or unloading of explo- Officer, Naval Weapons Station, Seal
sives shall not simultaneously conduct Beach, California. This officer will ex-
bunkering or lightering operations. tend full cooperation relating to public
(5) Each anchored vessel loading, un- use of the area and will fully consider
loading or laden with explosives, must every reasonable request for the pas-
display a red flag of at least 1.2 square sage of small craft in light of require-
meters (approximately 16 square feet) ments for national security and safety
in size by day, and at night the flag of persons and property.
must be illuminated by spotlight; (3) Nothing in this section shall be
(6) When a vessel displaying the red construed as relieving the owner or op-
flag occupies the explosives anchorage, erator of any vessel from the regula-
no other vessel may anchor within the tions contained in 204.195 of Title 33,
Explosives Anchorage. covering navigation in Anaheim Bay
NOTE: When the explosives anchorage is ac- Harbor.
tivated, portions of Anchorages C, D, (4) The regulations in this section
F and Q are encompassed by the explo- shall be administered by the Com-
sives anchorage. manding Officer U.S. Naval Weapons
[CGD1199008, 65 FR 10710, Feb. 29, 2000, as Station, Seal Beach, California and by
amended by CGD1104007, 71 FR 3002, Jan. such agencies as he may designate, and
19, 2006; CGD1104005, 71 FR 15037, Mar. 27, enforced by the Captain of the Port,
2006; USCG200624371, 74 FR 11212, Mar. 16, Los Angeles-Long Beach, California.
2009]
[CGD118707, 53 FR 878, Jan. 14, 1988]
110.215 Anaheim Bay Harbor, Cali-
fornia; U.S. Naval Weapons Station, 110.216 Pacific Ocean at Santa Cat-
Seal Beach, California; Naval Explo- alina Island, Calif.
sives Anchorage. (a) The anchorage grounds(1)
(a) The anchorage ground. The waters Descanso Bay. Shoreward of a line con-
of Anaheim Bay Harbor between the necting the promontories known as
east side of the Entrance Channel and White Rock and Casino Point.
the East Jetty, and the west side of the (2) Isthmus Cove. All the waters
Entrance Channel and the West Jetty bounded by a line connecting the fol-
as outlined in the following two sec- lowing coordinates, beginning at 33
tions: 2712 N, 1183005 W (the promontory
known as Lion Head); thence southeast

(1) East Side: to 332655.5 N, 1182844 W; thence
334403.0 N 1180535.0 W west-southwest to 332650 N, 11829
502
08 W; thence southwest to 332639 N, venience, or for otherwise enforcing

1182919 W; thence along the shore- the regulations in this section, shall be
line returning to the point of origin, promptly complied with by owners,
excluding the following-described non- masters, and persons in charge of ves-
anchorage area: an area 300 feet wide sels.
(170 feet west and 130 feet east of the (5) Nothing in this section shall be
centerline of the Catalina Island construed as relieving the owner or
Steamship Line pier), extending 1600 person in charge of any vessels or plant
feet from the foot of the pier, and an from the penalties of law for obstruct-
area 150 feet seaward of the shoreline ing navigation or for obstructing or
extending approximately 1500 feet east interfering with range lights, or for not
and 1500 feet northwest of the center- complying with the navigation laws in
line of said pier. regard to lights, fog signals, or for oth-
erwise violating law.
Datum: NAD 83
(6) The Avalon Bay anchorage is re-
(3) Avalon Bay. (i) Anchorage A. The served for large passenger vessels of
waters within an area described as fol- over 1600 gross tons, unless otherwise
lows: A circle of 1350 feet radius cen- authorized by the Captain of the Port
tered at 332059.0 N, 1181856.2 W. Los Angeles-Long Beach.
(ii) Anchorage B. The waters within
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
an area described as follows: A circle of amended by CGD1195001, 60 FR 29759, June
1350 feet radius centered at 332038.3 N, 6, 1995; GCD1104006, 70 FR 28426, May 18,
1181835.8 W. 2005]
(iii) Anchorage C. The waters within
an area described as follows: A circle of 110.218 Pacific Ocean at San
1350 feet radius centered at 332121.0 N, Clemente Island, Calif.; in vicinity
1181916.7 W. of Wilson Cove.
(b) The regulations. (1) The Descanso (a) The anchorage grounds. Shoreward
Bay anchorage is reserved for yachts on a line beginning at a point on the
and other small craft. Floats or buoys beach bearing 153 true, 1,400 yards,
for marking anchors or moorings in from Wilson Cove Light; thence 62
place will be allowed in this area. true, 0.67 nautical mile, thence 332
Fixed mooring piles or stakes are pro- true, 1.63 nautical miles; thence 24131
hibited. true to the shore line.
(2) The Isthmus Cove anchorage shall (b) The regulations. (1) This area is re-
be available for anchorage of all types served exclusively for anchorage of
of craft. Temporary floats or buoys for United States Government vessels or
marking anchors or moorings in place vessels temporarily operating under
will be allowed in this area. Fixed Government direction, and no vessel,
mooring piles or stakes are prohibited. except in an emergency, shall anchor
(3) The non-anchorage area described in the area without first obtaining per-
in paragraph (a)(2) of this section shall mission from the Commandant, Elev-
be used only by commercial vessels. enth Naval District, or the Senior
Commercial vessels of 15 feet draft or Naval Officer present who shall in turn
over may anchor in this area seaward notify the Commandant promptly.
of the Catalina Island Steamship Line (2) No vessel shall anchor in such a
pier during hours between sunrise and manner as to unreasonably obstruct
sunset. The use of this area for anchor- the approach to the wharf.
age is forbidden to all other craft at all [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
times. Fixed mooring piles or stakes amended by CCGD118502, 51 FR 2883, Jan 22,
and floats or buoys for marking an- 1986]
chors or moorings in place are prohib-
ited. 110.220 Pacific Ocean at San Nicolas
(4) The instructions of the Captain of Island, Calif.; restricted anchorage
the Port requiring vessels to anchor areas.
bow and stern, or with two bow an- (a) The restricted areas(1) East area.
chors, or requiring shifting the anchor- All waters within a circle having a ra-
age of any vessel within the anchorage dius of one nautical mile centered at
grounds for the common safety or con- latitude 331345, longitude 1192550
503
110.222 33 CFR Ch. I (7110 Edition)
(the former position of San Nicolas Is- chorage area shall immediately notify
land East End Light), which point the Captain of the Port of her position
bears approximately 101, 420 yards, and reason for anchoring.
from San Nicolas Island East End (2) No vessel may permanently moor
Light. in areas adjacent to the San Joaquin
(2) West area. Shoreward of a line River Deep Water Channel except with
bearing 276 true from San Nicolas Is- the written permission of the Captain
land south side light a distance of six of the Port.
nautical miles; thence to a point bear- (3) Each vessel anchoring for safety
ing 270 true, two nautical miles, from reasons in the San Joaquin River Deep
the westernmost point of the island; Water Channel, the Sacramento River
thence 60 to a point due north of the Deep Water Ship Channel, or the
northernmost point of the island; Stockton or West Sacramento Turning
thence 180 true to the shore.
Basins shall be positioned as near to
(b) The regulations. Except in an
the edge of the channel or turning
emergency, no vessel shall anchor in
basin as possible so as not to interfere
these restricted areas without author-
with navigation, or obstruct the ap-
ity of the Commandant, Eleventh
Naval District. Cargo vessels destined proach to any pier, wharf, slip, or boat
for San Nicolas Island may anchor in harbor and shall move as soon as the
the east area for unloading or loading. reason for anchoring no longer exists
or when notified to move by the Cap-
110.222 Pacific Ocean at Santa Bar- tain of the Port.
bara Island, Calif. (4) No vessel may anchor within a
(a) The anchorage grounds. Shoreward tunnel, cable, or pipeline area shown
of a line beginning at the Santa Bar- on a Government chart.
bara Island Light on the northeast end (5) No vessel may moor, anchor, or
of the island and bearing 23 true a dis- tie up to any pier, wharf, or other ves-
tance of 1.515 nautical miles seaward sel in such a manner as to extend into
from the beach; thence 14030 true, 2.54 an adjacent channel or fairway.
nautical miles; thence 21230 true, 2.30 (6) No vessel in such a condition that
nautical miles; thence 29630 true, 0.96 it is likely to sink or otherwise become
nautical mile; and thence 325 true to a menace or obstruction to navigation
the beach. or anchorage of other vessels may oc-
(b) The regulations. The anchorage cupy an anchorage, except when un-
shall be available for anchorage of all foreseen circumstances create condi-
types of craft. Temporary floats or tions of imminent peril to personnel
buoys for marking anchors in place and then only for such period as may
will be permitted in this area. be authorized by the Captain of the
Port.
110.224 San Francisco Bay, San
Pablo Bay, Carquinez Strait, Suisun (7) Each vessel carrying explosives
Bay, Sacramento River, San Joa- shall only anchor in an explosives an-
quin River, and connecting waters, chorage except as authorized by para-
CA. graph (a)(1) or (a)(17) of this section.
(a) General regulations. (1) Within the (8) No vessel other than a vessel
navigable waters of San Francisco Bay, under Federal supervision may go
San Pablo Bay, Carquinez Strait, alongside or in any manner moor to
Suisun Bay, New York Slough, San any Government-owned vessel, moor-
Joaquin River Deep Water Channel, the ing buoy, or pontoon boom, their an-
Stockton Turning Basin, the Sac- chor cables, or any of their appendages.
ramento River Deep Water Ship Chan- No vessel other than a vessel under
nel between Suisun Bay and the east Federal supervision may obstruct or
end of the West Sacramento Turning interfere in any manner with the moor-
Basin, and connecting waters, anchoring, unmooring, or servicing of vessels
ing is prohibited outside of designated owned by the United States.
anchorages except when required for (9) The Captain of the Port may re-
safety or with the written permission quire any vessel in a designated an-
of the Captain of the Port. Each vessel chorage area to moor with two or more
anchoring outside an established an- anchors.
504
(10) Each vessel that will not have stored and handled and shall furnish a
sufficient personnel on board to weigh copy of the permit and a copy of the
anchor at any time shall anchor with rules and regulations for storing and
two anchors with mooring swivel, un- handling to the Captain of the Port.
less otherwise authorized by the Cap- (18) No vessel may anchor in a dead
tain of the Port. ship status (propulsion or control un-
(11) Deep-draft vessels shall take available for normal operations) at any
precedence over vessels of lighter draft anchorage other than in Anchorage 9
in the deeper portions of all anchor- as specified in Table 110.224(D)(1) with-
ages. Light-draft barges and vessels out prior approval of the Captain of the
shall anchor away from the deeper por- Port.
tions of the anchorage so as not to (b) Naval anchorages. In addition to
interfere with the anchoring of deep- the general regulations in paragraph
draft vessels. Should circumstances (a) of this section, the following regula-
warrant, the Captain of the Port may tions apply to each naval anchorage de-
require lighter draft vessels to move to scribed in this section.
provide safe anchorage, particularly in (1) Naval anchorages are intended for
Anchorages 7 and 9, for deep-draft ves- public vessels of the United States, but
sels. may be used by other vessels when not
(12) Barges towed in tandem to any required for use by public vessels.
anchorage shall nest together when an- (2) Other vessels using a naval an-
choring. chorage shall promptly notify the Cap-
(13) Each vessel that is notified by tain of the Port upon anchoring and
the Captain of the Port or his author- upon departure and shall be prepared
ized representative to shift her position to move within one hour upon notice
shall promptly shift her position. should the anchorage be required for
(14) No person may use these anchor- public vessels.
ages for any purpose other than the (c) Explosive anchorages. In addition
purpose stated in these anchorage reg- to the general regulations in paragraph
ulations. (a) of this section, the following regula-
(15) Where these regulations require tions apply to each explosives anchor-
that a vessel notify the Captain of the age described in this section.
Port, the operator of the vessel shall (1) Explosives anchorages and, where
transmit such report to the San Fran- established, surrounding forbidden an-
cisco Vessel Traffic Service. chorage zones, are temporarily acti-
NOTE: Vessel Traffic Service guards VHF- vated as needed by the Captain of the
FM Channel 13 (156.65 MHz) and Channel 14 Port. When not activated, explosives
(156.70 MHz). anchorages and surrounding forbidden
(16) Nothing in this section may be anchorage zones become part of the
construed as relieving any vessel or the general anchorage which encompasses
owner or person in charge of any vessel them or, if not located within the
from the penalties of law for obstruct- boundaries of a general anchorage, be-
ing or interfering with range lights or come available for general navigation.
for not complying with the laws relat- (2) Notice of activation and deactiva-
ing to lights, day signals, and fog sig- tion of explosives anchorages will be
nals and other navigation laws and reg- disseminated by Coast Guard Broad-
ulations. cast Notice to Mariners.
(17) The District Engineer, Corps of (3) Each vessel which anchors in an
Engineers, may issue written permis- explosives anchorage or surrounding
sion for anchoring a single barge car- forbidden anchorage zone while such
rying explosives in quantities consid- anchorage is not activated shall be pre-
ered by the District Engineer as safe pared to move within one hour if the
and necessary in the vicinity of work anchorage is activated.
being done directly under the District (4) Unless otherwise authorized by
Engineer supervision or under a De- the Captain of the Port:
partment of the Army permit. When (i) No vessel may anchor in an acti-
issuing such a permit, the District En- vated explosives anchorage except ves-
gineer shall prescribe the conditions sels loaded with, loading, or unloading
under which the explosives must be explosives.
505
110.224 33 CFR Ch. I (7110 Edition)
(ii) No vessel may enter or remain in (2) The geographic boundaries of each
an activated explosives anchorage ex- anchorage are contained in paragraph
cept (A) vessels loaded with, loading or (e) of this section.
unloading explosives, (B) lighters or
barges delivering cargo to or from such TABLE 110.224(d)(1)
vessels, or (C) a tug authorized by para- Anchor- Specific
General location Purpose
graph (c)(7)(iii) of this section. age No. regulations
(iii) No vessel carrying explosives or 4 .......... San Francisco Bay General ...... Notes a, b.
on which explosives are to be loaded 5 .......... ......do ................... ......do ........ Do.
may enter or remain in an activated 6 .......... ......do ................... ......do ........ Note a.
7 .......... ......do ................... ......do ........ Notes a, b, c,
explosives anchorage without written d, e.
permission from the Captain of the 8 .......... ......do ................... ......do ........ Notes a, b, c.
Port. Such a permit must be obtained 8A ....... ......do ................... ......do ........ Notes a, b, c,
d, e, j, n.
before entering the anchorage and may 9 .......... ......do ................... ......do ........ Notes a, b, m.
be revoked at any time. 10 ........ ......do ................... Naval ......... Note a.
(iv) No vessel may anchor in the for- 12 ........ ......do ................... Explosives Notes a, f.
13 ........ ......do ................... ......do ........ Notes a, e, g.
bidden anchorage zone surrounding an 14 ........ ......do ................... ......do ........ Notes a, f, h.
activated explosives anchorage. 18 ........ San Pablo Bay ..... General.
(5) Each vessel loaded with, loading, 19 ........ ......do ................... ......do ........ Note b.
20 ........ ......do ................... ......do.
or unloading explosives, while within 21 ........ ......do ................... Naval.
an explosives anchorage, shall display 22 ........ Carquinez Strait ... General.
by day at her masthead, or at least 10 23 ........ Benicia .................. General ...... Notes c, d, e,
l.
feet above the upper deck if the vessel 24 ........ Carquinez Strait ... General ...... Note j.
has no mast, a red flag at least 16 26 ........ Suisun Bay ........... ......do ........ Note k.
square feet in area. 27 ........ ......do ................... ......do.
28 ........ San Joaquin River ......do.
(6) Each passing vessel shall reduce 30 ........ ......do ................... Explosives.
speed as necessary so as to insure that
its wake does not interfere with cargo NOTES: a. When sustained winds are in ex-
transfer operations aboard any vessel cess of 25 knots each vessel greater than 300
displaying a red flag in an explosives gross tons using this anchorage shall main-
anchorage. tain a continuous radio watch on VHF chan-
(7) The Captain of the Port may: nel 13 (156.65 MHz) and VHF channel 14 (156.70
MHz). This radio watch must be maintained
(i) Issue permission to any vessel car- by a person who fluently speaks the English
rying flammable solids, oxidizing ma- language.
terials, corrosive liquids, flammable b. Each vessel using this anchorage may
liquids, compressed gases, or poisonous not project into adjacent channels or fair-
substances to occupy a berth in an ac- ways.
tivated explosives anchorage. Such a c. This anchorage is primarily for use by
permit must be obtained before enter- vessels requiring a temporary anchorage
waiting to proceed to pier facilities or other
ing the anchorage and may be revoked
anchorage grounds. This anchorage may not
at any time. be used by vessels for the purpose of loading
(ii) Require any person having busi- any dangerous cargoes or combustible liq-
ness on board a vessel which is loaded uids unless authorized by the Captain of the
with, loading, or unloading explosives Port.
to have a document that is acceptable d. Each vessel using this anchorage may
to the Coast Guard for identification not remain for more than 12 hours unless au-
thorized by the Captain of the Port.
purposes and to show that document to
e. Each vessel using this anchorage shall
the Captain of the Port. be prepared to move within 1 hour upon noti-
(iii) Require a non-self-propelled ves- fication by the Captain of the Port.
sel, or a self-propelled vessel that is un- f. The maximum total quantity of explo-
able to maneuver under its own power, sives that may be on board a vessel using
that occupies an activated explosives this anchorage shall be limited to 3,000 tons
anchorage to be attended by a tug. unless otherwise authorized with the written
permission of the Captain of the Port.
(d) Anchorage grounds. (1) Table g. The maximum total quantity of explo-
110.224(d)(1) lists anchorage grounds, sives that may be on board a vessel using
identifies the purpose of each anchor- this anchorage shall be limited to 50 tons ex-
age, and contains specific regulations cept that, with the written permission of the
applicable to certain anchorages. Captain of the Port, each vessel in transit,
506
loaded with explosives in excess of 50 tons, 375542 N. 1222545 W; thence
may anchor temporarily in this anchorage back to
provided that the hatches to the holds con- 375548 N. 1222552 W.
taining explosives are not opened.
h. Each vessel using this anchorage will be (3) Anchorage No. 6. Bounded by the
assigned a berth by the Captain of the Port east shore of San Francisco Bay and
on the basis of the maximum quantity of ex- the following lines: Beginning at the
plosives that will be on board the vessel. shore of the southernmost extremity of
i. [Reserved] Point Isabel at latitude 375346 N.,
j. Each vessel using this anchorage shall longitude 1221919 W.; thence westerly
promptly notify the Captain of the Port,
upon anchoring and upon departure.
along the north shore of Brooks Island
k. See 162.270 of this title establishing re- to the jetty extending westerly there-
stricted areas in the vicinity of the Maritime from; thence westerly along the jetty
Administration Reserve Fleet. to its bayward end at latitude 375413
l. Vessels using this anchorage must ex- N., longitude 1222327 W.; thence
ceed 15 feet draft, have engines on standby, south-southeasterly to latitude
and have a pilot on board. 374953 N.; longitude 1222139 W.;
m. Any vessel anchoring in a dead-ship thence southeasterly to latitude
status shall have one assist tug of adequate
bollard pull on standby and immediately 374932.5 N., longitude 1222120.5 W.;
available (maximum of 15 minute response thence easterly to latitude 374934 N.,
time) to provide emergency maneuvering. longitude 1222013 W.; thence east-
When the sustained winds are 20 knots or southeasterly to latitude 374930 N.,
greater, or when the wind gusts are 25 knots longitude 1221945.5 W.; thence east-
or greater, the tug must be alongside. northeasterly to the shore at
n. This temporary anchorage will be acti- Emeryville at latitude 375004 N., lon-
vated by VTS San Francisco when Anchor-
gitude 1221741 W.; excluding from this
ages 8 and 9 are at capacity and additional
anchorage capacity in the vicinity of Ala-
area, however, the channel to Berkeley
meda is required. VTS will notify a vessel Marina delineated by lines joining the
that this temporary anchorage is activated following points:
and available for use when Anchorages 8 and 375208 N., 1221907 W.
9 are full, and a vessel requests permission 375203 N., 1221917.5 W.
from VTS to anchor in Anchorage 8 or 9. 375200 N., 1221915.5 W.
(e) Boundaries(1) Anchorage No. 4. 375101 N., 1222207 W.
Bounded by the west shore of San 375043 N., 1222200 W.
375053 N., 1222132 W.
Francisco Bay and the following lines:
375147 N., 1221859 W.
Beginning on the shore southwest of
Point San Quentin at latitude 375628 (4) Anchorage No. 7, Treasure Island.
N., longitude 1222854 W.; thence east- In San Francisco Bay at Treasure Is-
southeasterly to latitude 375555 N., land bounded a line connecting the fol-
longitude 1222649 W., thence south- lowing coordinates:
westerly to latitude 375413 N., lon- 374936 N., 1222240 W; to
gitude 1222724 W., thence southeast- 375000 N., 1222257 W; to
erly to the shore of Tiburon Peninsula 375000 N., 1222344 W; to
374922.5 N., 1222344 W; to
at Point Chauncey at latitude 374840.5 N., 1222238 W; to
375340.5 N., longitude 1222655 W. 374900.0 N., 1222216 W; thence
When Explosives Anchorage No. 13 is along the shore to
activated by the Captain of the Port, it 374936 N., 1222240 W.
and the forbidden anchorage zone sur-
(5) Anchorage No. 8. In San Francisco
rounding it are excluded from Anchor-
Bay bounded by the west shore of Ala-
age No. 4. meda Island and the following lines:
(2) Anchorage No. 5, Southampton
Beginning at 374752 N, 1221958 W;
Shoal. In San Francisco Bay at South- thence west-northwesterly to 374802.5
ampton Shoal bounded by a line con- N 1222101.5 W; thence west-southwest-
necting the following coordinates: erly to 374751.5 N, 1222140 W; thence
375548 N. 1222552 W; to south-southwesterly to 374735.5 N,
375550 N. 1222632 W; to
375449 N. 1222639 W; to
1222150 W; thence south-southeast-
375403 N. 1222606 W; to erly to 374640 N, 1222123 W; thence
375325 N. 1222530 W; to easterly to 374636.5 N, 1221952 W;

375323 N. 1222509 W; to thence northerly to shore at 374653 N,
375519 N. 1222533 W; to 1221953.5 W (NAD 83).
507
110.224 33 CFR Ch. I (7110 Edition)
(6) Anchorage No. 8A. In San Fran- such zone would extend beyond the
cisco Bay bounded by the following limits of Anchorage No. 4.
lines: Beginning at latitude 374735 N NOTE: See 110.224(e)(2) for a description of
and longitude 1222150 W; thence Anchorage No. 4.
south-southwesterly to latitude
374707 N and longitude 1222209 W; (11) Anchorage No. 14. In San Fran-
thence south-southeasterly to latitude cisco Bay east of Hunters Point an area
374630 N and longitude 1222157 W; 1,000 yards wide and 2,760 yards long,
thence easterly along the northern bor- the end boundaries of which are
der of Anchorage 9 to latitude 374626 semicircles, with a radii of 500 yards
N and longitude 1222042 W; thence and center, respectively at latitude
northerly to latitude 374638 N and 374237 N., longitude 1221948 W. and
longitude 1222042 W; thence westerly latitude 374329 N., longitude 1221948
along the southern border of Anchor- W. (NAD 83); and the side boundaries of
age 8 to latitude 374641 N and lon- which are parallel tangents joining the
gitude 1222123 W; thence northwest- semicircles. A forbidden anchorage
erly along the southwestern border of zone extends 667 yards out from the pe-
Anchorage 8 back to the beginning rimeter on each side.
point (NAD 83). (12) Anchorage No. 18. In San Pablo
(7) Anchorage No. 9. In San Francisco Bay bounded by the west shore of San
Pablo Bay and the following lines: Be-
Bay bounded on the east by the eastern
ginning at the shore at Point San
shore of San Francisco Bay and on the
Pedro at latitude 375916 N., longitude
north by the southern shore of Ala-
1222647 W.; thence easterly to lati-
meda Island and a line beginning at
tude 375916 N., longitude 1222626 W.;
374621.5 N, 1221907 W; thence west-
thence northerly to latitude 380346
erly to 374630 N, 1222156 W; thence
N., longitude 1222552.5 W.; thence
south-southeasterly to 374145 N,
northwesterly to the shore south of the
1222022 W (San Bruno Channel Light
entrance to Novato Creek at latitude
1); thence south-southeasterly to
380513.5 N., longitude 1222904 W.; ex-
373838.5 N, 1221848.5 W (San Bruno
cluding from this area, however, the
Channel Light 5); thence southeasterly
channel to Hamilton Field and the ex-
to 373605 N, 1221418 W; thence tension of this channel easterly to the
northeasterly to shore at 373738.5 N, boundary of the anchorage, and the
1220906.5 W (NAD 83). pipeline area therein.
(8) Anchorage No. 10. In San Francisco (13) Anchorage No. 19. In San Pablo
Bay bounded by the east shore of Bay bounded by the northeast shore of
Sausalito and the following lines: Be- San Pablo Bay and the following lines:
ginning on the shore of Sausalito at Beginning at the shore of Tubbs Island
latitude 375120 N., longitude 1222838 at latitude 380739 N., longitude
W.; thence southeasterly to latitude 1222518 W.; thence southerly to lati-
375057.5 N., longitude 1222757 W.; tude 380036 N., longitude 1222520 W.;
thence southwesterly to the shore of thence northeasterly to latitude
Sausalito at latitude 375036 N., lon- 380313 N., longitude 1221946 W.;
gitude 1222834 W. thence east-northeasterly to latitude
(9) Anchorage No. 12. In San Francisco 380337 N., longitude 1221713 W.;
Bay east of the city of San Francisco a thence northerly to the long dike ex-
circular area having a radius of 500 tending southwesterly from Mare Is-
yards centered at latitude 374432.5 N., land at latitude 380352.5

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33

Navigation and Navigable

Containing a codification of documents

A Special Edition of the Federal Register

Legal Status and Use of Seals and Logos

Use of ISBN Prefix

U.S. GOVERNMENT PRINTING OFFICE

U.S. Superintendent of Documents Washington, DC 204020001

Phone: toll-free (866) 512-1800; DC area (202) 512-1800

Chapter ICoast Guard, Department of Homeland Security .......... 3

Table of CFR Titles and Chapters ....................................................... 661

Alphabetical List of Agencies Appearing in the CFR ......................... 681

List of CFR Sections Affected ............................................................. 691

To cite the regulations in

lishing in the CFR are also included in this volume.

Title 33NAVIGATION AND NAVIGABLE WATERS is composed of three volumes.

CHAPTER ICoast Guard, Department of Homeland Security 1

ABBREVIATIONS USED IN THIS CHAPTER:

40 Cadets of the Coast Guard ....................................... 112

50 Coast Guard Retiring Review Board ....................... 115

Special Note: Application of the 72 COLREGS to

83 Rules ....................................................................... 196

95 Operating a vessel while under the influence of al-

cohol or a dangerous drug .................................... 225

100 Safety of life on navigable waters ........................... 241

101 Maritime security: General ..................................... 315

109 General .................................................................... 408

114 General .................................................................... 522

120 Security of passenger vessels .................................. 654

PART 1GENERAL PROVISIONS 1.07100 Summons in lieu of seizure of com-

1.011 District Commander. (1) Licensing, credentialing,

1.0150 Delegation to District Com- those specified in paragraph (a) of this

the construction, reconstruction, or al- (3) Authority, pursuant to section 108

perform any response action, provided

(5) Acting to mitigate the damage to 1.051 Delegation of rulemaking au-

SOURCE: CGD 95057, 60 FR 34148, June 30, zones.

(iv) The establishment of Regulated erating regulations as the District

authority must not be further redele- significant regulatory projects require

revised proposal and provides an oppor- an effective date that is generally at

(3) There is a reasonable chance that

lead to the disclosure of the identity of

1.0740 Counsel. 1.0755 Hearing procedures.

tinent to the issues to be determined

and to respond to or rebut, this mate- 1.0760 Records.

the Hearing Officer must be submitted

(b) Petitions to reopen must be in may be referred for collection of the

[CGD 7882, 43 FR 54186, Nov. 20, 1978, as 1.081 Applicability.

(4) 46 CFR 25.40 ventilation; case of a violation of 33 CFR part 159 a

10 of this part if a record check dis-

Subpart 1.25Fees and Charges (ii) Requests a copy of the transcript.

marine inspection; and

1.2615 Sales of nonexcess personal appropriate when the furnishing of

the Coast Guard. ment manufactured by or in use in the

(b) Diplomatic transactions. Sales of 2.24 Internal waters.

vides a specific jurisdictional defini- of inland waters in the Inland Naviga-

sive economic zones of the United

(i) Are or have been used, or are or Subpart CAvailability of

3.051 First district.

Subpart 3.01General Provisions mander is responsible for all Coast

Guard Sector and the Sector Com- chapter.

Subpart 3.04Coast Guard Areas Subpart 3.05First Coast Guard

longitude 7439 W; that part of New extent of the northern Massachusetts

New York-Vermont boundaries at a 411814 N, longitude 715130 W; thence