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CG 515 +

2015/2016
FOREIGN VESSEL RULES
The 2015/2016 edition of the CG 515 + is a compilation of applicable Title 33 CFR and
Title 46 CFR regulations pertaining to foreign vessels operating in the navigable waters
of the United States.
The information contained in the two volume Foreign Vessel Rules was obtained
directly from U.S. Government sources available to the public. Changes and updates
have been applied through the date printed on the cover.
The format for the CG 515 + is as follows:
Book 1: CFR 33 Navigation and Navigable Waters:
Current regulations of the United States Coast Guard, Department of
Transportation pertaining to Navigation and Navigable Waters of the United
States.
Additional Sub-Chapters Pertaining to Maritime Security.
Book 2: CFR 46 Shipping
Current regulations of the United States Coast Guard, Department of
Transportation pertaining to Shipping.
Appendix A Forms required or otherwise useful for foreign vessels operating in
U.S. waters from Book 1.
Appendix B Forms required or otherwise useful for foreign vessels operating in
U.S. waters from Book 2.
ISPS Code and Maritime Transportation Security Act.

2003-2015 CG Publications
0
Navigation and Navigable Waters
Chapter I-Coast Guard, Department Of Homeland Security
Master Table of Contents
33 CFR 1 To 124
Subchapter AGeneral Subchapter JBridges
Part Page 117 Drawbridge Operation Regulations 230
1 General Provisions 3
2 Jurisdiction 11 Subchapter K Security Of Vessels
3 Coast Guard Areas, Districts, Marine Inspection Zones,
And Captain Of The Port Zones 15 120 Security Of Passenger Vessels 235
6 Protection And Security Of Vessels, Harbors, And
Waterfront Facilities 16
20 Rules Of Practice, Procedure, And Evidence For Formal 33 CFR 125-199
Administrative Proceedings Of The Coast Guard 18
25 Claims 33 Subchapter L Waterfront Facilities
26 Vessel Bridge-To-Bridge Radiotelephone Regulations 39
27 Adjustment Of Civil Monetary Penalties For Inflation 41 127 Liquefied Natural Gas Waterfront Facilities 238
128 Security Of Passenger Terminals 256
Subchapter C-Aids To Navigation
Subchapter M-Marine Pollution Financial
62 United States Aids To Navigation System 45 Responsibility And Compensation
64 Marking Of Structures, Sunken Vessels And Other
Obstructions 51 136 Oil Spill Liability Trust Fund; Claims Procedures; Desig-
67 Aids To Navigation On Artificial Islands And Fixed nation Of Source; And Advertisement 259
Structures 54 138 Financial Responsibility For Water Pollution (Vessels) 266
70 Interference With Or Damage To Aids To Navigation 61
72 Marine Information 62 Subchapter N-Outer Continental Shelf Activities
74 Charges For Coast Guard Aids To Navigation Work 64
140 General 275
Subchapter D 141 Personnel 280
International Navigation Rules 142 Workplace Safety And Health 283
143 Design And Equipment 285
80 COLREGS Demarcation Lines 65 144 Lifesaving Appliances 286
81 81-72 COLREGS: Implementing Rules 77 145 Fire-Fighting Equipment 287
82 82-72 COLREGS: Interpretative Rules 79 146 Operations 288
147 Safety Zones 293
Subchapter E-Inland Navigation Rules
Subchapter NN-Deepwater Ports
83 Rules 80
84 Annex I: Positioning And Technical Details Of Lights And 149 Design, Construction, And Equipment 300
Shapes 92 150 Operations 312
85 Annex II: Additional Signals For Fishing Vessels Fishing
In Close Proximity 95 Subchapter OPollution
87 Annex IV: Distress Signals 96
151 Vessels Carrying Oil, Noxious Liquid Substances,
88 Annex V: Pilot Rules 97
Garbage, Municipal Or Commercial Waste, And
89 Inland Navigation Rules: Implementing Rules 98
Ballast Water 332
90 Inland Rules: Interpretative Rules 101
153 Control Of Pollution By Oil And Hazardous
Substances, Discharge Removal 370
Subchapter F Vessel Operating Regulations 154 Facilities Transferring Oil Or Hazardous Material In
95 Operating A Vessel While Under The Influence Of Alchol Bulk 376
Or A Dangerous Drug 102 155 Oil Or Hazardous Material Pollution Prevention
96 Rules For The Safe Operation Of Vessels And Safety Regulations For Vessels 384
Management Systems 104 156 Oil And Hazardous Material Transfer Operations 432
157 Rules For The Protection Of The Marine Environment
Subchapter H- Maritime Security Relating To Tank Vessels Carrying Oil In Bulk 443
158 Reception Facilities For Oil, Noxious Liquid
101 General Provisions 114 Substances And Garbage 484
103 Area Maritime Security 123 159 Marine Sanitation Devices 492
104 Vessel Security 127
105 Facility Security 145 Subchapter P-Ports And Waterways Safety
106 Outer Continental Shelf (OCS) Facility Security 165
160 Ports And Waterways Safety General 498
Subchapter IAnchorages 161 Vessel Traffic Management 507
162 Inland Waterways Navigation Regulations 520
109 Anchorages, General 178 163 Towing Of Barges 534
110 Anchorage Regulations 180 164 Navigation Safety Regulations 535

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165 Regulated Navigation Areas & Limited Access Areas 552 Maritime Administration, Department of Transportation: 46 CFR
166 Shipping Safety Fairways 691 Chapter II.Federal Maritime Commission: 46 CFR Chapter IV.
167 Offshore Traffic Separation Schemes 701
168 Escort Requirements For Certain Tankers 712 NOTE: Other regulations issued by the Department of
169 Ship Reporting Systems 714 Transportation appear in Titles 14, I, II, III; 23, I, II, III; 33, I, IV; 44,
IV; 46, I, II, III; 48, Chapters 12 and 63, and 49 Subtitle A, I, II, III,
Appendix Of Forms Used In This Book Are Found In The IV, V, and VI.
Back Of Book 2
ABBREVIATIONS:
ISPS CODE and MARITIME TRANSPORTATION SECURITY For user convenience the following abbreviations are used in this
ACT OF 2002 Are Found In The Back Of Book 2 chapter

[66 FR 1859, Jan. 10, 2001; 66 FR 9658, Feb. 9, 2001; 68 FR BMC = Chief Boatswains Mate. CGFR = Coast Guard Federal
16953, Apr. 8, 2003] Register document number. CG = Coast Guard. EM =
Electrician's Mate. LS = Lightship. NC = Flag hoist meaning, "I am
CROSS REFERENCES: United States Customs Service, in distress and require immediate assistance." NCG = Call letters
Department of the Treasury: 19 CFR Chapter I. for any Coast Guard Shore Radio Station. OAN = Aids to
Navigation Division. PTP = Training and Procurement. U.S.C.G. =
Coast Guard regulations relating to shipping: 46 CFR Chapter I. United States Coast Guard.
Federal Communications Commission: Stations on shipboard in
the maritime services: 47 CFR, part 80.

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Part 1General Provisions
saving and protecting life and property, safeguarding navigation
Table of Contents on the high seas and navigable waters of the United States, and
readiness for military operations, is delegated to the District
Subpart 1.01-Delegation Of Authority Commander by the Commandant. In turn delegations of final
authority run from the District Commander to commanding officers
Sec. of units under the District Commander for the performance of the
1.01-1 District Commander. functions of law enforcement, patrol of marine regattas and
1.01-20 Officer In Charge, Marine Inspection. parades, and the saving of life and property which come within
1.01-30 Captains Of The Port. the scope of their activities. [CGFR 48-72, 13 FR 9330, Dec. 31,
1.01-50 Delegation To District Commander, Seventeenth Coast 1948]
Guard District
1.01-70 CERCLA Delegations. 1.01-20 Officer In Charge, Marine Inspection.
1.01-80 FWPCA And OPA 90 Delegations. (a) Officers in Charge, Marine Inspection (OCMI), have been
1.01-85 Redelegation. designated and delegated to perform, within each OCMI's
1.01-90 Commissioned, Warrant, And Petty Officers. jurisdiction, the following functions: Inspection of vessels in order
to determine that they comply with the applicable laws, rules, and
Subpart 1.07-Enforcement; Civil And Criminal regulations relating to safe construction, equipment, manning, and
Penalty Proceedings operation and that they are in a seaworthy condition for the
services in which they are operated; shipyard and factory
1.07-1 Purpose. inspections; the investigation of marine casualties and accidents;
1.07-5 Definitions. the licensing, certificating, shipment and discharge of seamen; the
1.07-10 Reporting And Investigation. investigating and initiating of action in cases of misconduct,
1.07-11 Notice Of Violation. negligence, or incompetence of merchant marine officers or
1.07-15 Hearing Officer. seamen; and the enforcement of vessel inspection, navigation,
1.07-20 Initiation Of Action. and seamen's laws in general. Specific procedures for appealing
1.07-25 Preliminary Matters. the decisions of the Officer in Charge, Marine Inspection, or of his
1.07-30 Disclosure Of Evidence. subordinates are set forth in 46 CFR parts 1 to 4.
1.07-35 Request For Confidential Treatment.
1.07-40 Counsel. (b) The Commanding Officer of the National Maritime Center has
1.07-45 Location Of Hearings And Change Of Venue. been designated and delegated the same authority as an OCMI
1.07-50 Witnesses. for the purpose of carrying out the following marine safety
1.07-55 Hearing Procedures. functions pursuant to the provisions of 46 CFR Subchapter B:
1.07-60 Records.
1.07-65 Hearing Officer's Decisions. (1) Licensing, credentialing, certificating, shipment and discharge
1.07-70 Right To Appeal. of seamen;
1.07-75 Action On Appeals.
1.07-80 Reopening Of Hearings. (2) Referring to the processing Regional Examination Center
1.07-85 Collection Of Civil Penalties. (REC), the Suspension and Revocation National Center of
1.07-90 Criminal Penalties. Expertise, or cognizant OCMI potential violations of law,
1.07-95 Civil And Criminal Penalties. negligence, misconduct, unskillfulness, incompetence or
misbehavior of persons holding merchant mariner's documents,
Subpart 1.08-Written Warnings By Coast Guard licenses, certificates or credentials issued by the Coast Guard,
Boarding Officers and recommending suspension or revocation under 46 U.S.C.
Chapter 77 when deemed appropriate; and
1.08-1 Applicability.
1.08-5 Procedures. (3) Granting, withholding, suspending, or withdrawing course
approvals.
Subpart 1.10-Public Availability Of Information
[CGFR 48-72, 13 FR 9330, Dec. 31, 1948; as amended by
1.10-1 Official Records And Documents. USCG-1998-3799, 63 FR 35525, June 30, 1998; USCG-2006-
1.10-5 Public Availability Of Records And Documents. 25535, 72 FR 7929, Feb. 22, 2007; USCG-2009-0314, 74 FR
30937, June 29, 2009]
Subpart 1.20-Testimony By Coast Guard
Personnel And Production Of Records In Legal 1.01-30 Captains Of The Port.
Proceedings Captains of the Port and their representatives enforce within their
respective areas port safety and security and marine
1.20-1 Testimony By Coast Guard Personnel And Production environmental protection regulations, including, without limitation,
Of Records. regulations for the protection and security of vessels, harbors, and
waterfront facilities; anchorages; security zones; safety zones;
regulated navigation areas; deepwater ports; water pollution; and
Subpart 1.01-Delegation Of Authority ports and waterways safety.

Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, [CGD-225, 59 FR 66484, Dec. 27, 1994]
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of
Homeland Security Delegation No. 0170.1; section 1.01-70 also 1.01-50 Delegation To District Commander, Seventeenth
issued under the authority of E.O. 12580, 3 CFR, 1987 Comp., p. Coast Guard District.The Commandant redelegates to the
193; and sections 1.01-80 and 1.01-85 also issued under the District Commander, Seventeenth Coast Guard District, the
authority of E.O. 12777, 3 CFR, 1991 Comp., p. 351. authority in 46 U.S.C. 3302(i)(1) to issue permits to certain
vessels transporting cargo, including bulk fuel, from one place in
1.01-1 District Commander. Final authority for the performance Alaska to another place in Alaska.
within the confines of his district of the functions of the Coast
Guard, which in general terms are maritime law enforcement, [USCG-1998-3799, 63 FR 35525, June 30, 1998]

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1.01-70 CERCLA Delegations. (5) Authority, pursuant to CERCLA section 122, to enter into an
(a) For the purpose of this section, the definitions in section 101 of agreement with any person (including the owner or operator of the
the Comprehensive Environmental Response, Compensation, vessel or facility from which a release or substantial threat of
and Liability Act of 1980 (Pub. L. 96-510), as amended by the release emanates, or any other potential responsible person), to
Superfund Amendments and Reauthorization Act of 1986 (Pub. L. perform any response action, provided that such action will be
99-499), apply. The Act, as amended, is referred to in this section done properly by such person.
as CERCLA.
(f) Except for the authority granted in paragraphs (d)(1) and (e)(1)
(b) The Assistant Commandant for Marine Safety, Security and of this section, each Coast Guard official to whom authority is
Environmental Protection (G-M) is delegated authority to take granted in this section may redelegate and authorize successive
remedial action involving vessels under section 104 of CERCLA. redelegations of that authority. The authority granted in paragraph
(e)(3) of this section may only be redelegated to commissioned
(c) Each Maintenance and Logistics Commander is delegated officers.
contract authority, consistent with each memorandum of
understanding between the Coast Guard and the Environmental (g) The response authority described in paragraph (e)(1) of this
Protection Agency regarding CERCLA funding mechanisms, for section does not include authority to-
the purpose of carrying out response actions pursuant to
CERCLA sections 104(a), 104(b), 104(f), 104(g), 105(f), and 122. (1) Summarily remove or destroy a vessel; or

(d) Each district commander is delegated authority as follows: (2) Take any other action that constitutes intervention under
CERCLA, the Intervention on the High Seas Act (33 U.S.C. 1471
(1) Authority, pursuant to CERCLA section 106(a), to determine et. seq.), or other applicable laws. "Intervention" means any
an imminent and substantial endangerment to the public health or detrimental action taken against the interest of a vessel or its
welfare or the environment because of an actual or threatened cargo without the consent of the vessel's owner or operator.
release of a hazardous substance from a facility, and to secure
such relief as may be necessary to abate such danger or threat [CGD 88-051, 53 FR 30259, Aug. 11, 1988, as amended by CGD
through the United States attorney of the district in which the 91-225, 59 FR 66484, Dec. 27, 1994; CGD 96-026, 61 FR 33662,
threat occurs. June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; 67 FR
41329, June 18, 2002; 68 FR 9533, Feb. 28, 2003]
(2) Authority, pursuant to section 109 of CERCLA, to assess
penalties relating to violations of sections 103(a) and (b) 1.01-80 FWPCA And OPA 90 Delegations.
pertaining to notification requirements, section 108 pertaining to
financial responsibility for release of hazardous substances from Authority: 14 U.S.C. 633; 49 CFR 1.46(b).
vessels, and section 122 pertaining to administrative orders and
consent decrees. (a) This section delegates authority to implement provisions of
section 311 of the Federal Water Pollution Control Act (FWPCA),
(3) Authority, pursuant to section 108 of CERCLA, to deny entry as amended [33 U.S.C. 1321] and provisions of the Oil Pollution
to any port or place in the United States or to the navigable Act of 1990 (OPA 90). The definitions in subsection (a) of section
waters of the United States and detain at any port or place in the 311 of the FWPCA and section 1001 of OPA 90 [33 U.S.C. 2701]
United States any vessel subject to section 108(a) of CERCLA apply.
that, upon request, does not provide evidence of financial
responsibility. (b) The Assistant Commandant for Marine Safety, Security and
Environmental Protection, is delegated authority to require the
(e) Subject to the provisions of Executive Order 12580, paragraph owner or operator of a facility to establish and maintain such
(g) of this section, each Coast Guard official, predesignated as an records, make such reports, install, use, and maintain such
On-Scene Coordinator, is delegated authority as follows: monitoring equipment and methods, and provide such other
information as may be required to carry out the objectives of
(1) Authority, pursuant to CERCLA sections 104(a), 104(b), 104(c) section 311 of the FWPCA [33 U.S.C. 1321].
and consistent with the National Contingency Plan, to remove or
arrange for the removal of releases and threatened releases of (c) Each District and Area Commander is delegated authority
hazardous substances, and of pollutants or contaminants which within the Commander's assigned district or area to-
may present an imminent and substantial danger to the public
health or welfare. (1) Deny entry to any place in the United States or to the
navigable waters of the United States, and to detain at any place
(2) Authority, pursuant to CERCLA section 104(i)(11), to take in the United States, any vessel subject to section 1016 of OPA
such steps as may be necessary to reduce exposure that 90 [33 U.S.C. 2716] that, upon request, does not provide
presents a significant risk to human health, and to eliminate or evidence of financial responsibility;
substantially mitigate that significant risk to human health.
(2) Seize and, through the Chief Counsel, seek forfeiture to the
(3) Authority, pursuant to CERCLA section 106(a), to issue orders United States of any vessel subject to the requirements of section
to protect the public health and welfare and the environment 1016 of OPA 90 [33 U.S.C. 2716] that is found in the navigable
whenever that official determines that a release or threatened waters of the United States without the necessary evidence of
release of a hazardous substance from a facility may present an financial responsibility;
imminent and substantial endangerment to the public health or
welfare or the environment. (3) Assess any class I civil penalty under subsection (b) of section
311 of the FWPCA [33 U.S.C. 1321], in accordance with the
(4) Authority, pursuant to CERCLA section 104(e), except section procedures in subpart 1.07 of this chapter;
104(e)(7)(C), to enter establishments or other places where
hazardous substances are or have been generated, stored, (4) Assess any civil penalty under section 4303 of OPA 90 [33
treated, disposed of, or transported from to inspect and obtain U.S.C. 2716a] in accordance with the procedures in subpart 1.07
records, reports, samples and information in support of the of this chapter;
response functions delegated in paragraphs (d), (e)(1), (e)(2), and
(e)(3) of this section. (5) Board and inspect any vessel upon the navigable waters of
the United States or the waters of the contiguous zone, except for

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public vessels; with or without warrant, arrest any person who, in (2) Take any other action that constitutes intervention under the
the Commander's presence or view, violates a provision of Intervention on the High Seas Act [33 U.S.C. 1471, et seq.] or
section 311 of the FWPCA [33 U.S.C. 1321] or any regulation other applicable laws. For purposes of this section, "intervention"
issued thereunder; and execute any warrant or other process means any detrimental action taken against the interest of a
issued by an officer or court of competent jurisdiction, as vessel or its cargo without the consent of the vessel's owner or
prescribed in section 311(m)(1) of the FWPCA [33 U.S.C. operator.
1321(m)(1)];
[CGD 91-225, 59 FR 66484, Dec. 27, 1994, as amended by CGD
(6) Enter and inspect any facility in the coastal zone at reasonable 96-026, 61 FR 33662, June 28, 1996; CGD 97-023, 62 FR 33361,
times; have access to and copy any records; take samples; June 19, 1997; 67 FR 41329, June 18, 2002]
inspect monitoring equipment required by section 311(m)(2)(A) of
the FWPCA [33 U.S.C. 1321(m)(2)(A)]; with or without warrant, 1.01-85 Redelegation.
arrest any person who, in the Commander's presence or view, Except as provided in 1.01-80(e)(1) and (2), each Coast Guard
violates a provision of section 311 of the FWPCA [33 U.S.C. 1321] officer to whom authority is granted in 1.01-80 may redelegate
or any regulation issued thereunder; and execute any warrant or and authorize successive redelegations of that authority within the
other process issued by an officer or court of competent command under the officer's jurisdiction, or to members of the
jurisdiction, as prescribed in section 311(m)(2) of the FWPCA [33 officer's staff.
U.S.C. 1321(m)(2)(A)]; and
[CGD 91-225, 59 FR 66485, Dec. 27, 1994]
(7) Determine for purposes of section 311(b)(12) of the FWPCA
[33 U.S.C. 1321(b)(12)]- 1.01-90 Commissioned, Warrant, And Petty Officers.
Any commissioned, warrant, or petty officer of the United States
(7)(i) Whether reasonable cause exists to believe that an owner, Coast Guard may be authorized to carry out the functions
operator, or person in charge may be subject to a civil penalty delegated to superior officials under 1.01-1, 1.01-20, 1.01-30,
under section 311(b) of the FWPCA [33 U.S.C. 1321(b)]; and 1.01-70, and 1.07-80, or redelegated under 1.01-85, within the
jurisdiction of the cognizant official. They will do so under the
(7)(ii) Whether a filed bond or other surety is satisfactory. supervision and general direction of that official.

(d) Each Coast Guard official predesignated as the On-Scene [CGD 91-225, 59 FR 66485, Dec. 27, 1994]
Coordinator by the applicable Regional Contingency Plan is
delegated authority pursuant to section 311(c) of the FWPCA [33 Subpart 1.07-Enforcement; Civil And Criminal
U.S.C. 1321(c)], subject to paragraph (e) of this section, in Penalty Proceedings
accordance with the National Contingency Plan and any
appropriate Area Contingency Plan, to ensure the effective and Authority: 14 U.S.C. 633; 14 U.S.C. 92(e); 33 U.S.C.
immediate removal of a discharge and mitigation or prevention of 1321(b)(6)(B); 46 U.S.C. 2103; Department of Homeland Security
a substantial threat of a discharge of oil or a hazardous substance Delegation 0701.1.
by-
Source: CGD 78-82, 43 FR 54186, Nov. 20, 1978, unless
(1) Removing or arranging for the removal of a discharge and otherwise noted.
mitigating or preventing an imminent and substantial threat of a
discharge at any time; 1.07-1 Purpose.
This part describes procedures for enforcement and
(2) Directing or monitoring all Federal, State, and private actions administration of all statutory penalty provisions that the Coast
to remove a discharge, including issuance of orders; Guard is authorized to enforce.

(3) Determining, pursuant to section 311(c) of the FWPCA [33 1.07-5 Definitions.
U.S.C. 1321(c)], whether a discharge or a substantial threat of a (a) The term District Commander, when used in this subpart,
discharge of oil or a hazardous substance from a vessel, offshore means the District Commander, or any person under the District
facility, or onshore facility is of such a size or character as to be a Commander's command, delegated to carry out the provisions of
substantial threat to the public health or welfare of the United 1.07-10(b).
States (including, but not limited to fish, shellfish, wildlife, other
natural resources, and the public and private beaches and (b) The term Hearing Officer means a Coast Guard officer or
shorelines of the United States); and, if it is, directing all Federal, employee who has been delegated the authority to assess civil
State, and private actions to remove the discharge or to mitigate penalties.
or prevent the threatened discharge;
(c) The term issuing officer means any qualified Coast Guard
(4) Determining, pursuant to section 311(e) of the FWPCA [33 commissioned, warrant, or petty officer.
U.S.C. 1321(e)], that there may be an imminent and substantial
threat to the public health and welfare of the United States, and, if (d) The term Notice of Violation means a notification of violation
there is, may- and preliminary assessment of penalty, given to a party, in
accordance with 1.07-11.
(4)(i) Determine an imminent and substantial threat as a basis for
recommending referral for judicial relief; or (e) The term party means the person alleged to have violated a
statute or regulation to which a civil penalty applies and includes
(4)(ii) Act pursuant to section 311(e)(1)(B) of the FWPCA [33 an individual or public or private corporation, partnership or other
U.S.C. 1321(e)(1)(B)], including the issuance of orders; and association, or a governmental entity.

(5) Acting to mitigate the damage to the public health or welfare [CGD 93-079, 59 FR 16560, Apr. 7, 1994]
caused by a discharge of oil or a hazardous substance.
1.07-10 Reporting And Investigation.
(e) The authority described in paragraph (d) of this section does (a) Any person may report an apparent violation of any law,
not include the authority to- regulation, or order that is enforced by the Coast Guard to any
Coast Guard facility. When a report of an apparent violation has
(1) Remove or destroy a vessel; or been received, or when an apparent violation has been detected
by any Coast Guard personnel, the matter is investigated or
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evaluated by Coast Guard personnel. Once an apparent violation file.
has been investigated or evaluated, a report of the investigation
may be sent to the District Commander or other designated (f) If within 45 days of receipt a party-
official in accordance with paragraph (b) of this section or a Notice
of Violation under 1.07-11 may be given to the party by an (1) Fails to pay the proposed penalty on the Notice of Violation;
issuing officer. and

(b) Reports of any investigation conducted by the Coast Guard or (2) Fails to decline the Notice of Violation-the Coast Guard will
received from any other agency which indicate that a violation enter a finding of default in the case file and proceed with the civil
may have occurred may be forwarded to a District Commander or penalty in the amount recommended on the Notice of Violation
other designated official for further action. This is normally the without processing the violation under the procedures described
District Commander of the District in which the violation is in 33 CFR 1.07-10(b).
believed to have occurred, or the District in which the reporting
unit or agency is found. The report is reviewed to determine if [CGD 93-079, 59 FR 66482, Dec. 27, 1994; 67 FR 38386, June 4,
there is sufficient evidence to establish a prima facie case. If there 2002]
is insufficient evidence, the case is either returned for further
investigation or closed if further action is unwarranted. The case 1.07-15 Hearing Officer.
is closed in situations in which the investigation has established (a) The Hearing Officer has no other responsibility, direct or
that a violation did not occur, the violator is unknown, or there is supervisory, for the investigation of cases referred for the
little likelihood of discovering additional relevant facts. If it is assessment of civil penalties. The hearing officer may take action
determined that a prima facie case does exist, a case file is on a case referred by any District Commander.
prepared and forwarded to the Hearing Officer, with a
recommended action. A record of any prior violations by the same (b) The Hearing Officer decides each case on the basis of the
person or entity, is forwarded with the case file. evidence before him, and must have no prior connection with the
case. The Hearing Officer is solely responsible for the decision in
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD each case referred to him.
87-008a, 52 FR 17554, May 11, 1987; CGD 93-079, 59 FR 16560,
Apr. 7, 1994; 65 FR 40052, June 29, 2000] (c) The Hearing Officer is authorized to administer oaths and
issue subpoenas necessary to the conduct of a hearing, to the
1.07-11 Notice Of Violation. extent provided by law.
(a) After investigation and evaluation of an alleged violation has
been completed, an issuing officer may issue a Notice of Violation [CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD
to the party. 87-008a, 52 FR 17554, May 11, 1987; 67 FR 41329, June 18,
2002]
(b) The Notice of Violation will contain the following information:
1.07-20 Initiation Of Action.
(1) The alleged violation and the applicable law or regulations (a) When a case is received for action, the Hearing Officer makes
violated; a preliminary examination of the material submitted. If, on the
basis of the preliminary examination, the Hearing Officer
(2) The amount of the maximum penalty that may be assessed for determines that there is insufficient evidence to proceed, or that
each violation; there is any other reason which would make penalty action
inappropriate, the Hearing Officer returns the case to the District
(3) The amount of proposed penalty that appears to be Commander with a written statement of the reason. The District
appropriate; Commander may close the case or cause a further investigation
of the alleged violation to be made with a view toward resubmittal
(4) A statement that payment of the proposed penalty within 45 of the case to the Hearing Officer.
days will settle the case;
(b) If on the basis of the preliminary examination of the case file,
(5) The place to which, and the manner in which, payment is to be the Hearing Officer determines that a violation appears to have
made; been committed, the Hearing Officer notifies the party in writing of:

(6) A statement that the party may decline the Notice of Violation (1) The alleged violation and the applicable law or regulations;
and that if the Notice of Violation is declined, the party has the
right to a hearing prior to a final assessment of a penalty by a (2) The amount of the maximum penalty that may be assessed for
Hearing Officer. each violation;

(7) A statement that failure to either pay the proposed penalty on (3) The general nature of the procedure for assessing and
the Notice of Violation or decline the Notice of Violation and collecting the penalty;
request a hearing within 45 days will result in a finding of default
and the Coast Guard will proceed with the civil penalty in the (4) The amount of penalty that appears to be appropriate, based
amount recommended on the Notice of Violation without on the material then available to the Hearing Officer;
processing the violation under the procedures described in 33
CFR 1.07-10(b). (5) The right to examine all materials in the case file and have a
copy of all written documents provided upon request; and,
(c) The Notice of Violation may be hand delivered to the party or
an employee of the party, or may be mailed to the business (6) The fact that the party may demand a hearing prior to any
address of the party. actual assessment of a penalty.

(d) If a party declines the Notice of Violation within 45 days, the (c) If at any time it appears that the addition of another party to
case file will be sent to the District Commander for processing the proceedings is necessary or desirable, the Hearing Officer
under the procedures described in 33 CFR 1.07-10(b). provides the additional party with notice as described above.

(e) If a party pays the proposed penalty on the Notice of Violation 1.07-25 Preliminary Matters.
within 45 days, a finding of proved will be entered into the case (a) Within 30 days after receipt of notice of the initiation of the

6
action, as described above, the party, or counsel for the party, (a) The hearing is normally held at the office of the Hearing
may request a hearing, provide any written evidence and Officer.
arguments in lieu of a hearing, or pay the amount specified in the
notice as being appropriate. A hearing must be requested in (b) The Hearing Officer may transfer a case to another Hearing
writing; the request must specify the issues which are in dispute. Officer on request or on the Hearing Officer's own motion.
Failure to specify a nonjurisdictional issue will preclude its
consideration. (c) A request for change of location of a hearing or transfer to
another Hearing Officer must be in writing and state the reasons
(b) The right to a hearing is waived if the party does not submit why the requested action is necessary or desirable. Action on the
the request to the Hearing Officer within 30 days after receiving request is at the discretion of the Hearing Officer.
notice of the alleged violation. At the discretion of the Hearing
Officer, a hearing may be granted if the party submits a late [CGD 87-008a, 52 FR 17554, May 11, 1987]
request.
1.07-50 Witnesses.
(c) The Hearing Officer must promptly schedule all hearings which A party may present the testimony of any witness either through a
are requested. The Hearing Officer shall grant any delays or personal appearance or through a written statement. The party
continuances which may be necessary or desirable in the interest may request the assistance of the Hearing Officer in obtaining the
of fairly resolving the case. personal appearance of a witness. The request must be in writing
and state the reasons why a written statement would be
(d) A party who has requested a hearing may amend the inadequate, the issue or issues to which the testimony would be
specification of the issues in dispute at any time up to 10 days relevant, and the substance of the expected testimony. If the
before the scheduled date of the hearing. Issues raised later than Hearing Officer determines that the personal appearance of the
10 days before the scheduled hearing may be presented only at witness may materially aid in the decision on the case, the
the discretion of the Hearing Officer. Hearing Officer seeks to obtain the witness' appearance. Because
many statutes prescribing civil penalties do not provide subpoena
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD power, there may be cases where a witness cannot be required to
85-001A, 51 FR 19329, May 29, 1986] attend. In such a case, the Hearing Officer may move the hearing
to the witness' location, accept a written statement, or accept a
1.07-30 Disclosure Of Evidence. stipulation in lieu of testimony. If none of these procedures is
The alleged violator may, upon request, receive a free copy of all practical, the Hearing Officer shall proceed on the basis of the
the written evidence in the case file, except material that would evidence before him.
disclose or lead to the disclosure of the identity of a confidential
informant. Other evidence or material, such as blueprints, sound [CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG
or video tapes, oil samples, and photographs may be examined in -2002-12471, 67 FR 41331, June 18, 2002]
the Hearing Officer's offices. The Hearing Officer may provide for
examination or testing of evidence at other locations if there are 1.07-55 Hearing Procedures.
adequate safeguards to prevent loss or tampering. (a) The Hearing Officer must conduct a fair and impartial
proceeding in which the party is given a full opportunity to be
1.07-35 Request For Confidential Treatment. heard. At the outset of the hearing, the Hearing Officer insures
(a) In addition to information treated as confidential under 1.07- that the party is aware of the nature of the proceeding and of the
30, a request for confidential treatment of a document or portion alleged violation, and of the provisions of the law or regulation
thereof may be made by the person supplying the information on allegedly violated.
the basis that the information is:
(b) The material in the case file pertinent to the issues to be
(1) Confidential financial information, trade secrets, or other determined by the Hearing Officer is presented. The party has the
material exempt from disclosure by the Freedom of Information right to examine, and to respond to or rebut, this material. The
Act (5 U.S.C. 552); party may offer any facts, statements, explanations, documents,
sworn or unsworn testimony, or other exculpatory items which
(2) Required to be held in confidence by 18 U.S.C. 1905; or bear on appropriate issues, or which may be relevant to the size
of an appropriate penalty. The Hearing Officer may require the
(3) Otherwise exempt by law from disclosure. authentication of any written exhibit or statement.

(b) The person desiring confidential treatment must submit the (c) At the close of the party's presentation of evidence, the
request to the Hearing Officer in writing and state the reasons Hearing Officer may allow the introduction of rebuttal evidence.
justifying nondisclosure. Failure to make a timely request may The Hearing Officer may allow the party to respond to any such
result in a document being considered as nonconfidential and evidence submitted.
subject to release.
(d) In receiving evidence, the Hearing Officer is not bound by
(c) Confidential material is not considered by the Hearing Officer strict rules of evidence. In evaluating the evidence presented, the
in reaching a decision unless: Hearing Officer must give due consideration to the reliability and
relevance of each item of evidence.
(1) It has been furnished by a party, or
(e) The Hearing Officer may take notice of matters which are
(2) It has been furnished pursuant to a subpoena. subject to a high degree of indisputability and are commonly
known in the community or are ascertainable from readily
[67 FR 41329, June 18, 2002] available sources of known accuracy. Prior to taking notice of a
matter, the Hearing Officer gives the party an opportunity to show
1.07-40 Counsel. why notice should not be taken. In any case in which notice is
A party has the right to be represented at all stages of the taken, the Hearing Officer places a written statement of the
proceeding by counsel. After receiving notification that a party is matters as to which notice was taken in the record, with the basis
represented by counsel, the Hearing Officer directs all further for such notice, including a statement that the party consented to
communications to that counsel. notice being taken or a summary of the party's objections.

1.07-45 Location Of Hearings And Change Of Venue. (f) After the evidence in the case has been presented, the party

7
may present argument on the issues in the case. The party may the decision, or remand the case for new or additional
also request an opportunity to submit a written statement for proceedings. In the absence of a remand, the decision of the
consideration by the Hearing Officer and for further review. The Commandant on appeal shall be final. In addition to the actions
Hearing Officer shall allow a reasonable time for submission of which may be taken by the Commandant on appeal, the
the statement and shall specify the date by which it must be Commandant may also remit, mitigate or suspend the
received. If the statement is not received within the time assessment in whole or in part. Upon the taking of remission,
prescribed, or within the limits of any extension of time granted by mitigation, or suspension action, the Commandant will inform the
the Hearing Officer, the Hearing Officer renders his decision in the party of the action and any conditions placed on the action.
case.
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD
1.07-60 Records. 87-008a, 52 FR 17555, May 11, 1987]
(a) A verbatim transcript will not normally be prepared. The
Hearing Officer prepares notes on the material and points raised 1.07-80 Reopening Of Hearings.
by the party, in sufficient detail to permit a full and fair review and (a) At any time prior to final agency action in a civil penalty case,
resolution of the case, should it be appealed. a party may petition to reopen the hearing on the basis of newly
discovered evidence.
(b) A party may, at its own expense, cause a verbatim transcript
to be made. If a verbatim transcript is made, the party shall submit (b) Petitions to reopen must be in writing describing the newly
two copies to the Hearing Officer not later than the time of filing found evidence and must state why the evidence would probably
an administrative appeal. The Hearing Officer includes them in produce a different result favorable to the petitioner, whether the
the record. evidence was known to the petitioner at the time of the hearing
and, if not, why the newly found evidence could not have been
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG discovered in the exercise of due diligence. The party must
-2002-12471, 67 FR 41331, June 18, 2002] submit the petition to the Hearing Officer.

1.07-65 Hearing Officer's Decisions. (c) The District Commander may file comments in opposition to
(a) The Hearing Officer issues a written decision. Any decision to the petition. If comments are filed, a copy is provided the party.
assess a penalty is based upon substantial evidence in the record.
If the Hearing Officer finds that there is not substantial evidence in (d) A petition to reopen is considered by the Hearing Officer
the record establishing the alleged violation or some other unless an appeal has been filed, in which case the petition is
violation of which the party had full and fair notice, the Hearing considered by the Commandant.
Officer shall dismiss the case and remand it to the District
Commander. A dismissal is without prejudice to the District (e) The decision on the petition is decided on the basis of the
Commander's right to refile the case and have it reheard if record, the petition, and the comments in opposition, if any. The
additional evidence is obtained. A dismissal following a rehearing petition is granted only when newly found evidence is described
is final and with prejudice. which has a direct and material bearing on the issues and when a
valid explanation is provided as to why the evidence was not and
(b) If the Hearing Officer assesses a penalty, the Hearing Officer's could not have been, in the exercise of due diligence, produced at
decision contains a statement advising the party of the right to an the hearing. The decision is rendered in writing.
administrative appeal. The party is advised that failure to submit
an appeal within the prescribed time will bar its consideration and (f) Following a denial of a petition to reopen, the party is given 30
that failure to appeal on the basis of a particular issue will days to file an appeal if one has not already been filed, or to
constitute a waiver of that issue in any subsequent proceeding. amend an appeal which has already been filed.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD [CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by CGD
85-001A, 51 FR 19329, May 29, 1986] 87-008a, 52 FR 17555, May 11, 1987]

1.07-70 Right To Appeal. 1.07-85 Collection Of Civil Penalties.


(a) Any appeal from the decision of the Hearing Officer must be (a) Payment of a civil penalty may be made by check or postal
submitted by a party within 30 days from the date of receipt of the money order payable to the U.S. Coast Guard.
decision. The appeal and any supporting brief must be submitted
to the Hearing Officer. The only issues which will be considered (b) Within 30 days after receipt of the Commandant's decision on
on appeal are those issues specified in the appeal which were appeal, or the Hearing Officer's decision in a case in which no
properly raised before the Hearing Officer and jurisdictional appeal has been filed, the party must submit payment of any
questions. assessed penalty to the office specified in the assessment notice.
Failure to make timely payment will result in the institution of
(b) The failure to file an appeal within the prescribed time limit appropriate action under the Federal Claims Collection Act and
results in the action of the Hearing Officer becoming the final the regulations issued thereunder.
agency action in the case.
(c) When a penalty of not more than $200 has been assessed
1.07-75 Action On Appeals. under Chapter 43 or 123 of Title 46 U.S.C., the matter may be
(a) Upon receipt, the Hearing Officer provides a copy of the referred for collection of the penalty directly to the Federal
appeal and any supporting brief to the District Commander who Magistrate of the jurisdiction wherein the person liable may be
referred the case. Any comments which the District Commander found, for the institution of collection procedures under
desires to submit must be received by the Hearing Officer within supervision of the district court, if the court has issued an order
30 days. The Hearing Officer includes the District Commander's delegating such authority under section 636(b) of Title 28, United
comments, or not later than 30 days after receipt of the appeal if States Code.
no comments are submitted by the District Commander, the
Hearing Officer forwards all materials in the case to the [CGD 87-008a, 52 FR 17555, May 11, 1987]
Commandant.
1.07-90 Criminal Penalties.
(b) The Commandant issues a written decision in each case and (a) Prosecution in the Federal courts for violations of those laws
furnishes copies to the party, the District Commander, and the or regulations enforced by the Coast Guard which provide, upon
Hearing Officer, The Commandant may affirm, reverse, or modify conviction, for punishment by fine or imprisonment is a matter

8
finally determined by the Department of Justice. This final (b) The Commandant authorizes designated boarding officers to
determination consists of deciding whether and under what issue warnings for certain minor violations of the statutes and
conditions to prosecute or to abandon prosecution. regulations listed in paragraph (a) of this section. Written
warnings are not authorized for all violations of these statutes and
(b) Except in those cases where the approval of the Commandant regulations.
is required, the Area, Maintenance & Logistics Command (MLC),
and District Commanders are authorized to refer the case to the (14 U.S.C. 633, 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33
U.S. attorney. The Commandant's approval is required in the U.S.C. 1322); 49 CFR 1.46(b), (m), and (n)(1))
following cases where evidence of a criminal offense is disclosed:
[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD
(1) Marine casualties or accidents resulting in death. 77-182, 43 FR 22657, May 25, 1978; CGD 82-040, 47 FR 21042,
May 17, 1982; CGD 85-009, 50 FR 10761, Mar. 18, 1985]
(2) Marine Boards (46 CFR part 4).
1.08-5 Procedures.
(3) Violations of port security regulations (33 CFR parts 6, 121 to (a) A written warning may be issued where the boarding officer
126 inclusive). determines that:

(c) The Area, MLC, or District Commander will identify the laws or (1) The observed violation is a first offense; and
regulations which were violated and make specific
recommendations concerning the proceedings to be instituted by (2) The operator states that the violation will be promptly
the U.S. attorney in every case. corrected.

[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG (b) A written warning may not be issued where:
-2002-9286, 66 FR 33639, June 25, 2001]
(1) The operator is required to be licensed or credentialed;
1.07-95 Civil And Criminal Penalties.
(a) If a violation of law or regulation carries both a civil and a (2) The violation is a failure to have required safety equipment on
criminal penalty, the Area, MLC, and District Commanders are board; or
authorized to determine whether to institute civil penalty
proceedings or to refer the case to the U.S. attorney for (3) The boarding officer notes three or more violations during one
prosecution in accordance with 1.07-90. boarding.

(b) When the U.S. Attorney declines to institute criminal (c) Each district office maintains a record of each written warning
proceedings, the Area, MLC, or District Commander decides issued within that district for a period of not more than one year
whether to initiate civil penalty proceedings or to close the case. after date of issue except in cases involving violations of 33 CFR
part 159 marine sanitation devices, records of which are
[CGD 78-82, 43 FR 54186, Nov. 20, 1978, as amended by USCG maintained by each district office for not more than three years
-2002-9286, 66 FR 33639, June 25, 2001] after date of issue.

Subpart 1.08 Written Warnings By Coast Guard (d) The district commander of the district in which the warning is
Boarding officers issued may rescind a written warning and institute civil penalty
action under 1.07-10 of this part if a record check discloses a
Authority: 14 U.S.C. 633; 49 CFR 1.46(b). prior written warning or violation issued within one year or in the
case of a violation of 33 CFR part 159 a prior written warning or
1.08-1 Applicability. violation issued within three years.
(a) The regulations in this subpart apply to certain violations of the
following statutes and regulations for which Coast Guard boarding (e) Within 15 days after the date of issue, any person issued a
officers are authorized to issue written warnings instead of written warning by a Coast Guard boarding officer may appeal the
recommending civil or criminal penalty procedures under subpart issuance of the warning to the district commander by providing in
1.07 of this part: writing or in person any information that denies, explains, or
mitigates the violations noted in the warning.
(1) 46 CFR 25.05 whistles or other sound producing devices;
(f) Each written warning shall indicate that:
(2) 33 CFR part 175, subpart B and 46 CFR subpart 25.25,
Personal Flotation Devices. (1) The warning is kept on file for a period of not more than one
year after date of issue or in the case of a violation of 33 CFR part
(3) 46 CFR 25.35 backfire flame control; 159 a period of not more than three years for reference in
determining appropriate penalty action if there is a subsequent
(4) 46 CFR 25.40 ventilation; violation;

(5) 33 CFR part 173 numbering; (2) If a record check reveals a prior written warning or violation
within the time period designated in 1.08-5(d) of this part, the
(6) 46 U.S.C. 103, documented yachts; warning may be revoked and civil penalty action instituted;

(7) 33 CFR part 155 oil pollution prevention; and (3) If an additional violation occurs within the time period
designated in 1.08-5(d) the warning may be used as a basis for
(8) 46 CFR 25.30 fire extinguishers; the assessment of a higher penalty for the subsequent violation;
and
(9) 33 CFR part 159 marine sanitation devices;
(4) Within 15 days after the date of issue, the person who is
(10) 33 CFR part 175 subpart C, Visual Distress Signals. issued the warning may appeal to the District Commander by
providing in writing or in person any information or material that
(11) 33 CFR 88.05 Copy of rules. denies, explains, or mitigates the violations noted in the warning.

9
(14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86 Stat. 871 (33 Subpart 1.20-Testimony By Coast Guard
U.S.C. 1322); 49 CFR 1.46 (b), (m), and (n)(1))
Personnel And Production Of Records In Legal
[CGD 74-155, 41 FR 17894, Apr. 29, 1976, as amended by CGD Proceedings
77-182, 43 FR 22657, May 25, 1978; USCG-2006-25150, 71 FR
Authority: 5 U.S.C. 301; 14 U.S.C. 632, 633, 49 U.S.C. 322; 49
39208, July 12, 2006; USCG-2006-24371, 74 FR 11211, Mar. 16,
CFR 1.46 and part 9.
2009]
1.20-1 Testimony By Coast Guard Personnel And
Subpart 1.10-Public Availability Of Information Production Of Records.
Authority: 5 U.S.C. 552; 14 U.S.C. 633, sec. 6(b)(1), 80 Stat. 937 (a) The regulations in 49 CFR part 9 apply to the testimony of
(49 U.S.C. 1655(b)(1)); 49 CFR 1.46(b). Coast Guard personnel, production of Coast Guard records, and
service of process in legal proceedings.
Source: CGD-73-54R, 38 FR 12396, May 11, 1973, unless
otherwise noted. (b) Except for the acceptance of service of process or pleadings
under paragraph (d) of this section and 49 CFR 9.19, the Legal
1.10-1 Official Records And Documents. Officer of each Maintenance and Logistics Command, each
Identifiable records and documents of the Coast Guard are made District Legal Officer, and the Legal Officer assigned to any other
available to the public in accordance with the Department of Coast Guard unit or command, for matters involving personnel
Transportation regulations contained in part 7 of title 49, Code of assigned to their command, are delegated the functions of
Federal Regulations. "agency counsel" described in 49 CFR part 9.

1.10-5 Public Availability Of Records And Documents. (c) A request for a member or employee of the Coast Guard to
(a) Each person desiring to inspect a record or document covered testify, or for permission to interview such a member or employee,
by this subpart that is located in Headquarters, or to obtain a copy should be made to the Legal officer serving the command to
of such a record or document, must make a written request to the which that member or employee is assigned, or, if the member or
Commandant (CG-61), Attn: Office of Information Management, employee is serving at Coast Guard Headquarters, or with a
U.S. Coast Guard Stop 7710, 2703 Martin Luther King Jr. Avenue command receiving legal services from Judge Advocate General
SE., Washington, DC 20593-7710. and Chief Counsel, U.S. Coast Guard (CG-094), to the Chief,
Office of Claims and Litigation(CG-0945). Should the member or
(b) Each person desiring to inspect a record or document covered employee no longer be employed by the Coast Guard, and the
by this subpart that is located in a Coast Guard district, or to testimony or information sought falls within the provisions of 49
obtain a copy of such a record or document, must make a written CFR part 9, the request should be made to the District Legal
request to the district commander in command of the district, or to Officer serving the geographic area where the former member or
the officer-in-charge of the appropriate marine inspection zone. employee resides or, if no District Legal Officer has geographic
Coast Guard districts and marine inspection zones are listed in responsibility, to the Chief, Office of Claims and Litigation.
part 3 of this chapter.
(d) Process or pleadings in any legal proceeding concerning the
(c) If the person making the request does not know where in the Coast Guard may be served, at the option of the server, on the
Coast Guard the record or document is located, he may send his Judge Advocate General and Chief Counsel, U.S. Coast Guard
request to the Chief, Office of Information Management (CG-61), (CG-094). The official accepting the service under this section
at the address in paragraph (a) of this section. acknowledges the service and takes further action as appropriate.

[CGD-73-54R, 38 FR 12396, May 11, 1973, as amended by CGD (80 Stat. 383, as amended, sec. 1, 33 Stat. 1022, as amended,
96-026, 61 FR 33662, June 28, 1996; USCG-2014-0410, 79 FR sec. 9, 80 Stat. 944; 5 U.S.C. 552, 14 U.S.C. 632, 633, 46 U.S.C.
38427, July 7, 2014 375, 416, 49 U.S.C. 1657(a) and (e); 49 CFR 1.46, and part 9)

[CGFR 71-30, 36 FR 8732, May 12, 1971, as amended by CGD


95-057, 60 FR 34150, June 30, 1995; USCG-1998-3799, 63 FR
35525, June 30, 1998]

10
Part 2Jurisdiction
Table of Contents 2.40 Maintenance of decisions.
2.45 Decisions subject to change or modification and
Subpart A--General availability of lists and charts.

Sec. Authority: 14 U.S.C. 633; 33 U.S.C. 1222; Pub. L. 89-670, 80


2.1 Purpose. Stat. 931, 49 U.S.C. 108; Pub. L. 107-296, 116 Stat. 2135, 2249,
2.5 Specific definitions control. 6 U.S.C. 101 note and 468; Department of Homeland Security
Delegation No. 0170.1.
Subpart B--Jurisdictional Terms
Source: USCG-2001-9044, 68 FR 42598, July 18, 2003, unless
2.20 Territorial sea baseline. otherwise noted
2.22 Territorial sea. ______________________________________________________________________
2.24 Internal waters.
2.26 Inland waters. PART 2--JURISDICTION
2.28 Contiguous zone.
2.30 Exclusive Economic Zone. Subpart A--General
2.32 High seas.
2.34 Waters subject to tidal influence; waters subject to the 2.1 Purpose
ebb and flow of the tide; mean high water. (a) The purpose of this part is to define terms the Coast Guard
2.36 Navigable waters of the United States, navigable uses in regulations, policies, and procedures, to determine
waters, territorial waters. whether it has jurisdiction on certain waters in cases where
2.38 Waters subject to the jurisdiction of the United States; specific jurisdictional definitions are not otherwise provided.
waters over which the United States has jurisdiction.
(b) Figure 2.1 is a visual aid to assist you in understanding this
Subpart C--Availability of Jurisdictional part.
Decisions

11
2.5 Specific definitions control.

12
In cases where a particular statute, regulation, policy or procedure [USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by
provides a specific jurisdictional definition that differs from the USCG-2003-14792, 68 FR 60470, Oct. 22, 2003]
definitions contained in this part, the former definition controls.
2.24 Internal waters.
Note to Sec. 2.5: For example, the definition of ``inland waters'' (a) With respect to the United States, internal waters means
in the Inland Navigational Rules Act of 1980 (33 U.S.C. 2003(o)) the waters shoreward of the territorial sea baseline.
would control the interpretation of inland navigation rules created
under that Act and the ``inland waters'' definition in 46 CFR (b) With respect to any other nation, internal waters means
10.103 would control regulations in 46 CFR part 10. Also, in the waters shoreward of its territorial sea baseline, as recognized
various laws administered and enforced by the Coast Guard, the by the United States.
terms ``State'' and ``United States'' are defined to include some or
all of the territories and possessions of the United States. The 2.26 Inland waters.
definitions in Sec. Sec. 2.36 and 2.38 should be considered as Inland waters means the waters shoreward of the territorial sea
supplementary to these statutory definitions and not as baseline.
interpretive of them.
2.28 Contiguous zone.
Subpart B--Jurisdictional Terms (a) For the purposes of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), contiguous zone means the zone,
2.20 Territorial sea baseline. 9 nautical miles wide, adjacent to and seaward of the territorial
Territorial sea baseline means the line defining the shoreward sea, as defined in Sec. 2.22(a)(2), that was declared to exist in
extent of the territorial sea of the United States drawn according Department of State Public Notice 358 of June 1, 1972 and that
to the principles, as recognized by the United States, of the extends from 3 nautical miles to 12 nautical miles as measured
Convention on the Territorial Sea and the Contiguous Zone, 15 from the territorial sea baseline.
U.S.T. 1606, and the 1982 United Nations Convention on the Law
of the Sea (UNCLOS), 21I.L.M. 1261. Normally, the territorial sea (b) For all other purposes, contiguous zone means all waters
baseline is the mean low water line along the coast of the United within the area adjacent to and seaward of the territorial sea, as
States. defined in Sec. 2.22(a), and extending to 24 nautical miles from
the territorial sea baseline, but in no case extending within the
Note to Sec. 2.20: Charts depicting the territorial sea baseline territorial sea of another nation, as declared in Presidential
are available for examination in accordance with Sec. 1.10-5 of Proclamation 7219 of September 2, 1999 (113 Stat. 2138).
this chapter.
2.30 Exclusive Economic Zone.
2.22 Territorial sea. a) With respect to the United States, including the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
(a) With respect to the United States, the following apply Islands, Guam, American Samoa, the United States Virgin Islands,
and any other territory or possession over which the United States
(1) Territorial sea means the waters, 12 nautical miles wide, exercises sovereignty, exclusive economic zone means the zone
adjacent to the coast of the United States and seaward of the seaward of and adjacent to the territorial sea, as defined in
territorial sea baseline, for 2.22(a), including the contiguous zone, and extending 200
nautical miles from the territorial sea baseline (except where
(i) Statutes included within subtitle II and subtitle VI, title 46, otherwise limited by treaty or other agreement recognized by the
U.S.C.; the Ports and Waterways Safety Act, as amended (33 United States) in which the United States has the sovereign rights
U.S.C. 1221-1232); the Act of June 15, 1917, as amended (50 and jurisdiction and all nations have the high seas freedoms
U.S.C. 191-195); and the Vessel Bridge-to-Bridge Radiotelephone mentioned in Presidential Proclamation 5030 of March 10, 1983.
Act (33 U.S.C. 1201-1208), and any regulations issued under the
authority of these statutes. (b) Under customary international law as reflected in Article 55 of
the 1982 United Nations Convention on the Law of the Sea, and
(ii) Purposes of criminal jurisdiction pursuant to Title 18, United with respect to other nations, exclusive economic zone means the
States Code. waters seaward of and adjacent to the territorial sea, not
extending beyond 200 nautical miles from the territorial sea
(iii) The special maritime and territorial jurisdiction as defined in baseline, as recognized by the United States.
18 U.S.C. 7.
[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by
(iv) Interpreting international law. USCG-2012-0306, 77 FR 37309, June 21, 2012]

(v) Any other treaty, statute, or regulation, or amendment thereto, 2.32 High seas.
interpreted by the Coast Guard as incorporating the definition of (a) For purposes of special maritime and territorial
territorial sea as being 12 nautical miles wide, adjacent to the jurisdiction of the United States as defined in 18 U.S.C. 7,
coast of the United States and seaward of the territorial sea high seas means all waters seaward of the territorial sea
baseline. baseline.

(2) Unless otherwise specified in paragraph (a)(1) of this section, (b) For the purposes of section 2 of the Act of February 19,
territorial sea means the waters, 3 nautical miles wide, adjacent to 1895, as amended (33 U.S.C. 151) and the Inland Navigational
the coast of the United States and seaward of the territorial sea Rules Act of 1980 (33 U.S.C. Chapter 34), high seas means the
baseline. waters seaward of any lines established under these statutes,
including the lines described in part 80 of this chapter and 46 CFR
(3) In cases where regulations are promulgated under the part 7.
authority of statutes covered by both paragraphs (a)(1) and (a)(2)
of this section, the Coast Guard may use the definition of (c) For the purposes of 14 U.S.C. 89(a), 14 U.S.C. 86, 33 U.S.C.
territorial sea in paragraph (a)(1) of this section. 409, and 33 U.S.C. 1471 et seq., high seas includes the exclusive
economic zones of the United States and other nations, as well as
(b) With respect to any other nation, territorial sea means the those waters that are seaward of territorial seas of the United
waters adjacent to its coast that have a width and baseline States and other nations.
recognized by the United States.

13
(d) Under customary international law as reflected in the 1982 (1) Navigable waters of the United States as defined in paragraph
United Nations Convention on the Law of the Sea and without (a) of this section and all waters within the United States tributary
prejudice to high seas freedoms that may be exercised within thereto; and
exclusive economic zones pursuant to article 58 of the United
Nations Convention on the Law of the Sea, and unless the (2) Other waters over which the Federal Government may
context clearly requires otherwise (e.g., The International exercise Constitutional authority.
Convention Relating to Intervention on the High Seas in Cases of
Oil Pollution Casualties, 1969, including annexes thereto), high 2.38 Waters subject to the jurisdiction of the United States;
seas means all waters that are not the exclusive economic zone waters over which the United States has jurisdiction.
(as defined in 2.30), territorial sea (as defined in 2.22), or Waters subject to the jurisdiction of the United States and waters
internal waters of the United States or any other nation. over which the United States has jurisdiction mean the following
waters
[USCG-2001-9044, 68 FR 42598, July 18, 2003, as amended by
USCG-2007-27887, 72 FR 45902, Aug. 16, 2007] (a) Navigable waters of the United States, as defined in Sec.
2.36(a).
2.34 Waters subject to tidal influence; waters subject to the
ebb and flow of the tide; mean high water. (b) Waters, other than those under paragraph (a) of this section,
(a) Waters subject to tidal influence and waters subject to the ebb that are located on lands for which the United States has acquired
and flow of the tide are waters below mean high water. These title or controls and
terms do not include waters above mean high water caused by
flood flows, storms, high winds, seismic waves, or other non-lunar (1) Has accepted jurisdiction according to 40 U.S.C. 255; or
phenomena.
(2) Has retained concurrent or exclusive jurisdiction from the date
(b) Mean high water is the average of the height of the diurnal that the State in which the lands are located entered the Union.
high water at a particular location measured over a lunar cycle of
19 years. (c) Waters made subject to the jurisdiction of the United States by
operation of the international agreements and statutes relating to
2.36 Navigable waters of the United States, navigable the former Trust Territory of the Pacific Islands, and waters within
waters, and territorial waters. the territories and possessions of the United States.
(a) Except as provided in paragraph (b) of this section, navigable
waters of the United States, navigable waters, and territorial Subpart C--Availability of Jurisdictional
waters mean, except where Congress has designated them not to Decisions
be navigable waters of the United States:
2.40 Maintenance of decisions.
(1) Territorial seas of the United States; (a) From time to time, the Coast Guard makes navigability
determinations of specific waterways, or portions thereof, in order
(2) Internal waters of the United States that are subject to tidal to determine its jurisdiction on those waterways. Copies of these
influence; and determinations are maintained by the District Commander in
whose district the waterway is located.
(3) Internal waters of the United States not subject to tidal
influence that: (b) If the district includes portions of the territorial sea, charts
reflecting Coast Guard decisions as to the location of the territorial
(i) Are or have been used, or are or have been susceptible for use, sea baseline for the purposes of Coast Guard jurisdiction are
by themselves or in connection with other waters, as highways for maintained by the District Commander in whose district the
substantial interstate or foreign commerce, notwithstanding portion of the territorial sea is located.
natural or man-made obstructions that require portage, or
2.45 Decisions subject to change or modification and
(ii) A governmental or non-governmental body, having expertise in availability of lists and charts.
waterway improvement, determines to be capable of improvement The determinations referred to in Sec. 2.40 are subject to change
at a reasonable cost (a favorable balance between cost and need) or modification. The determinations are made for Coast Guard
to provide, by themselves or in connection with other waters, as use at the request of Coast Guard officials. Determinations made
highways for substantial interstate or foreign commerce. or subsequently changed are available to the public under Sec.
1.10-5(b) of this chapter. Inquiries concerning whether a
(b) Navigable waters of the United States and navigable waters, determination has been made for specific waters, for the
as used in sections 311 and 312 of the Federal Water Pollution purposes of Coast Guard jurisdiction, should be directed to the
Control Act, as amended, 33 U.S.C. 1321 and 1322, mean: District Commander of the district in which the waters are located.

14
Part 3-Coast Guard Areas, Districts, Marine Inspection
Zones, And Captain Of The Port Zones
Table of Contents and COTP authority over a designated portion of the Sector's
area of responsibility. In such cases, OCMI and COTP authority is
exercised by the MSU Commander, not the Sector Commander.
Subpart 3.01-General Provisions The appeal of a COTP order or OCMI matter is routed from the
Sec. MSU Commander through the Sector Commander and then to the
3.01-1 General Description. District Commander.

(3) Some specified sectors exercise Search and Rescue Mission


Coordinator (SMC) authority over a designated portion of an
Subpart 3.01General Provisions encompassing sector's area of responsibility. In such cases, SMC
3.011 General description. authority is exercised by the encompassed sector, not the
(a) The Coast Guard's general organization for the performance encompassing sector. The encompassing sector retains all other
of its assigned functions and duties consists of the Commandant, authorities (as listed in 33 CFR 3.01-1(d)(1)) over the designated
assisted by the Headquarters staff, two Area Offices to act as area.
intermediate echelons of operational command, and District and
Sector Offices to provide regional direction and coordination. (e) An OCMI is in command of a Marine Inspection Zone and his
Area, District, and Sector offices operate within defined or her office may be referred to as a Coast Guard Marine
geographical areas of the United States, its territories, and Inspection Office. The OCMI's duties are described in 1.01-20 of
possessions, including portions of the high seas adjacent thereto. this subchapter.
They are established by the Commandant and their areas of
responsibility are described in this part. (f) A COTP is in command of a COTP Zone and his or her office
may be referred to as a COTP Office. The COTP's duties are
(b)(1) The two Coast Guard Areas are the Atlantic Area and the described in 1.01-30 of this subchapter.
Pacific Area. A Coast Guard Area Commander is in command of
a Coast Guard Area. The Atlantic Area Office is collocated with (g) Each COTP Zone and each Marine Inspection Zone described
the Fifth Coast Guard District Office. The Pacific Area Office is in this part also includes the United States territorial seas adjacent
collocated with the Eleventh Coast Guard District Office. Area to the described area or zone for the purpose of enforcing or
Commanders are responsible for determining when operational acting pursuant to a statute effective in the United States territorial
matters require the coordination of forces and facilities of more seas. Each COTP Zone and each Marine Inspection Zone
than one district. described in this part also includes the contiguous zone adjacent
to the area or zone for the purpose of enforcing or acting pursuant
(2) For search and rescue (SAR) mission execution in the Atlantic to a statute effective in the contiguous zone, as defined in 2.28
Area, Districts may execute SAR missions to the full extent of the of this subchapter. Each COTP Zone and each Marine Inspection
Area's Search and Rescue Region (SRR). Under this plan, Zone described in this part also includes the exclusive economic
Districts in the Atlantic Area will assume SAR Coordinator zone (EEZ) adjacent to the area for the purpose of enforcing or
responsibilities and will act as SAR Mission Coordinator for any acting pursuant to a statute effective in the EEZ, as defined in
case prosecuted within their expanded regions. The exact 2.30 of this subchapter.
coordinates of Atlantic Area's SRR can be found in the United
States National Search and Rescue Supplement to the (h) Geographic descriptions used in this part are based upon
International Aeronautical and Maritime Search and Rescue boundaries and points located using the WGS 1984 world grid
Manual. system. When referenced, the outermost extent of the U.S. EEZ
is the line of demarcation produced by the National Oceanic and
(c) A Coast Guard District Commander is in command of a Coast Atmospheric Administration (NOAA) using the NAD 1983
Guard District and the District Commander's office may be coordinate system and projected to the WGS 1984 grid system.
referred to as a Coast Guard District Office. The District Both coordinate systems are geocentric and similar such that they
Commander's duties are described in 1.01-1 of this subchapter. are Global Positioning System (GPS) compatible throughout the
area of concern. Resolution is based upon ddmmss readings to
(d)(1) A Coast Guard Sector Commander is in command of a tenths of a second. This corresponds to a positional precision of
Coast Guard Sector and the Sector Commander's office is about 2 meters. Decimal degrees to 5 decimal places
referred to as a Coast Guard Sector Office. The Sector correspond to a positional precision of about 1 meter. State
Commander is responsible for all Coast Guard missions within the boundaries used to determine points for descriptions of
sector's area of responsibility. Unless otherwise specified, the jurisdictional limits were based upon the National Transportation
Sector Commander's authorities include Search and Rescue Atlas Database 2003 produced by the Bureau of Transportation
Mission Coordinator, Federal Maritime Security Coordinator, Statistics. This data set was produced at a scale of 1:100,000 and
Federal On-Scene Coordinator, and, in most Sectors, Officer in theoretically results in a nationwide locational accuracy of about
Charge Marine Inspection (OCMI) and Captain of the Port 50 meters of true position.
(COTP). In his or her capacities as OCMI and COTP, the Sector
Commander is responsible for a Marine Inspection Zone and [USCG-2006-25556, 72 FR 36318, July 2, 2007, as amended by
COTP Zone. USCG-2010-0351, 75 FR 36277, June 25, 2010; USCG-2013-
0397, 78 FR 39170, July 1, 2013]
(2) In some Sectors, a Marine Safety Unit (MSU) retains OCMI

15
Part 6Protection And Security Of Vessels, Harbors, And
Waterfront Facilities
Table of Contents 6.01-3 Captain of the Port.
Subpart 6.01Definitions Captain of the Port as used in this part, means the officer of the
Sec. Coast Guard, under the command of a District Commander, so
6.01-1 Commandant. designated by the Commandant for the purpose of giving
6.01-2 District Commander. immediate direction to Coast Guard law enforcement activities
6.01-3 Captain Of The Port. within his or her assigned area. In addition, the District
6.01-4 Waterfront Facility. Commander will be Captain of the Port with respect to the
6.01-5 Security Zone. remaining areas in his or her District not assigned to officers
designated by the Commandant as Captain of the Port.
Subpart 6.04General Provisions
[USCG-2013-0397, 78 FR 39170, July 1, 2013]
6.04-1 Enforcement.
6.04-5 Preventing Access Of Persons, Articles Or Things To 6.01-4 Waterfront Facility.
Vessels, Or Waterfront Facilities.
6.04-6 Establishing Security Zones; Prohibitions With Respect "Waterfront facility," as used in this part, means all piers,
Thereto. wharves, docks, or similar structures to which vessels may be
6.04-7 Visitation, Search, And Removal. secured and naval yards, stations, and installations, including
6.04-8 Possession And Control Of Vessels. ranges; areas of land, water, or land and water under and in
6.04-11 Assistance Of Other Agencies. immediate proximity to them; buildings on them or contiguous to
them and equipment and materials on or in them.
Subpart 6.12-Supervision And Control Of
Explosives Or Other Dangerous Cargo [EO 11249, 30 FR 13001, Oct. 13, 1965; EO 13143, 64 FR 68273,
Dec. 6, 1999; 67 FR 59783, Sept. 24, 2002]
6.12-1 General Supervision And Control.
6.12-3 Approval Of Facility For Dangerous Cargo. 6.01-5 Security Zone.

Subpart 6.14-Security Of Waterfront Facilities Security zone as used in this part, means all areas of land, water,
And Vessels In Port or land and water, which are so designated by the Captain of the
Port for such time as he deems necessary to prevent damage or
6.14-1 Safety Measures. injury to any vessel or waterfront facility, to safeguard ports,
6.14-2 Condition Of Waterfront Facility A Danger To Vessel. harbors, territories, or waters of the United States or to secure the
observance of the rights and obligations of the United States.
Subpart 6.16-Sabotage And Subversive Activity
[EO 11249, 30 FR 13001, Oct. 13, 1965]
6.16-1 Reporting Of Sabotage And Subversive Activity.
6.16-3 Precautions Against Sabotage. Subpart 6.04-General Provisions
Subpart 6.18Penalties 6.04-1 Enforcement.
(a) The rules and regulations in this part shall be enforced by the
6.18-1 Violations. Captain of the Port under the supervision and general direction of
the District Commander, Area Commander, and the Commandant.
Subpart 6.19-Responsibility For Security Of All authority and power vested in the Captain of the Port by the
Vessels And Waterfront Facilities regulations in this part shall be deemed vested in and may be
exercised by the District Commander, Area Commander, and the
6.19-1 Primary Responsibility. Commandant.

Authority: 40 Stat. 220, as amended; 50 U.S.C. 191. (b) The rules and regulations in this part may be enforced by any
other officer or petty officer of the Coast Guard designated by the
Source: E. O. 10173, 15 FR 7012, Oct. 20, 1950, unless District Commander, Area Commander, or the Commandant.
otherwise noted.
(c) Any authority or power under this part vested in, delegated to,
CROSS REFERENCE: For regulations implementing the general or exercised by a member of the Coast Guard shall be subject to
enforcement provisions contained in Subparts 6.01-Definitions the direction of the Secretary of the Department in which the
and 6.04-General Provisions, see part 125 of this chapter. Coast Guard is operating.

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


Subpart 6.01Definitions
6.04-5 Preventing Access Of Persons, Articles Or Things To
6.01-1 Commandant. Vessels, Or Waterfront Facilities.
The Captain of the Port may prevent any person, article, or thing
Commandant as used in this part, means the Commandant of from boarding or being taken or placed on board any vessel or
the United States Coast Guard. entering or being taken into or upon or placed in or upon any
6.01-2 District Commander. waterfront facility whenever it appears to him that such action is
necessary in order to secure such vessel from damage or injury
District Commander as used in this part, means the officer of the or to prevent damage or injury to any vessel, or waterfront facility
Coast Guard designated by the Commandant to command a or waters of the United States, or to secure the observances of
Coast Guard District. rights and obligations of the United States.

16
[EO 11249, 30 FR 13001, Oct. 13, 1965] necessary under existing circumstances. Such conditions and
restrictions may extend, but shall not be limited to, the inspection,
6.04-6 Establishing Security Zones; Prohibitions With operation, maintenance, guarding, and manning of, and
Respect Thereto. fireprevention measures for, such vessels and waterfront facilities.
The Captain of a Port may establish security zones subject to the
terms and conditions specified in 6.01-5. No person or [E.O. 10277, 16 FR 7541, Aug. 2, 1951]
vesselshall enter a security zone without the permission of the
Captain of the Port. No person shall board or take or place any 6.14-2 Condition Of Waterfront Facility A Danger To Vessel.
article or thing on board any vessel in a security zone without the Whenever the captain of the port finds that the mooring of any
permission of the Captain of the Port. No person shall take or vessel to a wharf, dock, pier, or other waterfront structure would
place any article or thing upon any waterfront facility in any such endanger such vessel, or any other vessel, or the harbor or any
zone without such permission. facility therein by reason of conditions existing on or about such
wharf, dock, pier, or other waterfront structure, including, but not
[EO 11249, 30 FR 13001, Oct. 13, 1965] limited to, inadequate guard service, insufficient lighting, fire
hazards, inadequate fire protection, unsafe machinery, internal
6.04-7 Visitation, Search, And Removal. disturbance, or unsatisfactory operation, the captain of the port
The Captain of the Port may cause to be inspected and searched may prevent the mooring of any vessel to such wharf, dock, pier,
at any time any vessel, waterfront facility, or security zone, or any or other waterfront structure until the unsatisfactory condition or
person, article, or thing thereon or therein, within the jurisdiction of conditions so found are corrected, and he may, for the same
the United States, may place guards upon any such vessel, reasons, after any vessel has been moored, compel the shifting of
waterfront facility, or security zone and may remove there from such vessel from any such wharf, dock, pier, or other waterfront
any and all persons, articles, or things not specifically authorized structure.
by him to go or remain thereon or therein.
[EO 10277, 16 FR 7541, Aug. 2, 1951]
[EO 11249, 30 FR 13002, Oct. 13, 1965]
Subpart 6.16-Sabotage And Subversive Activity
6.04-8 Possession And Control Of Vessels.
The Captain of the port may supervise and control the movement 6.16-1 Reporting Of Sabotage And Subversive Activity.
of any vessel and shall take full or partial possession or control of Evidence of sabotage or subversive activity involving or
any vessel or any part thereof, within the territorial waters of the endangering any vessel, harbor, port, or waterfront facility shall be
United States under his jurisdiction, whenever it appears to him reported immediately to the Federal Bureau of Investigation and
that such action is necessary in order to secure such vessel from to the captain of the port, or to their respective representatives.
damage or injury, or to prevent damage or injury to any vessel or
waterfront facility or waters of the United States, or to secure the 6.16-3 Precautions Against Sabotage.
observance of rights and obligations of the United States. The master, owner, agent, or operator of a vessel or waterfront
facility shall take all necessary precautions to protect the vessel,
6.04-11 Assistance Of Other Agencies. waterfront facility, and cargo from sabotage.
The Captain of the port may enlist the aid and cooperation of
Federal, State, county, municipal, and private agencies to assist Subpart 6.18Penalties
in the enforcement of regulations issued pursuant to this part.
6.18-1 Violations.
Section 2, Title II of the act of June 15, 1917, as amended, 50
Subpart 6.12-Supervision And Control Of
U.S.C. 192, provides as follows:
Explosives Or Other Dangerous Cargo
If any owner, agent, master, officer, or person in charge, or any
6.12-1 General Supervision And Control.
member of the crew of any such vessel fails to comply with any
The Captain of the Port may supervise and control the
regulation or rule issued or order given under the provisions of
transportation, handling, loading, discharging, stowage, or storage
this title, or obstructs or interferes with the exercise of any power
of hazardous materials on board vessels as covered by the
conferred by this title, the vessel, together with her tackle, apparel,
regulations in 49 CFR parts 170-189, 46 CFR parts 150-156, 46
furniture, and equipment, shall be subject to seizure and forfeiture
CFR parts 146-148 and the regulations governing tank vessels
to the United States in the same manner as merchandise is
(46 CFR parts 30-39).
forfeited for violation of the customs revenue laws; and the person
guilty of such failure, obstruction, or interference shall be
[CGD 77-228, 43 FR 53427, Nov. 16, 1978]
punished by imprisonment for not more than ten years and may,
in the discretion of the court, be fined not more than $10,000.
6.12-3 Approval Of Facility For Dangerous Cargo.
The Commandant may designate waterfront facilities for the
(a) If any other person knowingly fails to comply with any
handling and storage of, and for vessel loading and discharging,
regulation or rule issued or order given under the provisions of
explosives, inflammable or combustible liquids in bulk, or other
this title, or knowingly obstructs or interferes with the exercise of
dangerous articles or cargo covered by the regulations referred to
any power conferred by this title, he shall be punished by
in 6.12-1, and may require the owners, operators, masters, and
imprisonment for not more than ten years and may, at the
others concerned to secure permits for such handling, storage,
discretion of the court, be fined not more than $10,000.
loading, and unloading from the Captain of the Port, conditioned
upon the fulfillment of such requirements for the safeguarding of
such waterfront facilities and vessels as the Commandant may
Subpart 6.19-Responsibility For Security Of
prescribe. Vessels And Waterfront Facilities
6.19-1 Primary Responsibility.
Subpart 6.14-Security Of Waterfront Facilities Nothing contained in this part shall be construed as relieving the
And Vessels In Port masters, owners, operators, and agents of vessels or other
waterfront facilities from their primary responsibility for the
6.14-1 Safety Measures.
protection and security of such vessels or waterfront facilities.
The Commandant, in order to achieve the purposes of this part,
may prescribe such conditions and restrictions relating to the
[EO 10277, 16 FR 7541, Aug. 2, 1951]
safety of waterfront facilities and vessels in port as he finds to be

17
Part 20-Rules Of Practice, Procedure, And Evidence For
Formal Administrative Proceedings Of The Coast Guard
Table of Contents Subpart HEvidence
20.801 General.
Subpart AGeneral 20.802 Admissibility Of Evidence.
Sec. 20.803 Hearsay Evidence.
20.101 Scope. 20.804 Objections And Offers Of Proof.
20.102 Definitions. 20.805 Proprietary Information.
20.103 Construction And Waiver Of Rules. 20.806 Official Notice.
20.807 Exhibits And Documents.
Subpart B-Administrative Law Judges 20.808 Written Testimony.
20.809 Stipulations.
20.201 Assignment.
20.202 Powers. Subpart IDecisions
20.203 Unavailability.
20.204 Withdrawal Or Disqualification. 20.901 Summary Decisions.
20.205 Ex Parte Communications. 20.902 Decisions Of The ALJ.
20.206 Separation Of Functions. 20.903 Records Of Proceedings.
20.904 Reopening.
Subpart C-Pleadings And Motions
Subpart JAppeals
20.301 Representation.
20.302 Filing Of Documents And Other Materials. 20.1001 General.
20.303 Form And Content Of Filed Documents. 20.1002 Records On Appeal.
20.304 Service Of Documents. 20.1003 Procedures For Appeal.
20.305 Amendment Or Supplementation Of Filed Documents. 20.1004 Decisions On Appeal.
20.306 Computation Of Time.
20.307 Complaints. Subpart K-Finality, Petitions For Hearing, And
20.308 Answers. Availability Of Orders
20.309 Motions.
20.310 Default By Respondent. 20.1101 Finality.
20.311 Withdrawal Or Dismissal. 20.1102 Petitions To Set Aside Decisions And Provide Hearings
For Civil Penalty Proceedings.
Subpart DProceedings 20.1103 Availability Of Decisions.

20.401 Initiation Of Administrative Proceedings. Subpart L-Expedited Hearings


20.402 Public Notice.
20.403 Consolidation And Severance. 20.1201 Application.
20.404 Interested Persons. 20.1202 Filing Of Pleadings.
20.1203 Commencement Of Expedited Hearings.
Subpart E-Conferences And Settlements 20.1205 Motion For Return Of Temporarily Suspended License,
Certificate Of Registry, Or Document.
20.501 Conferences. 20.1206 Discontinuance Of Expedited Hearings.
20.502 Settlements. 20.1207 Pre-Hearing Conferences.
20.1208 Expedited Hearings.
Subpart FDiscovery 20.1209 Appeals Of ALJ's Decisions.

20.601 General. Subpart M-Supplementary Evidentiary Rules For


20.602 Amendatory Or Supplementary Responses.
20.603 Interrogatories.
Suspension And Revocation Hearings
20.604 Requests For Production Of Documents Or Things, For 20.1301 Purpose.
Inspection Or Other Purposes. 20.1303 Authentication And Certification Of Extracts From
20.605 Depositions. Shipping Articles, Logbooks, And The Like.
20.606 Protective Orders. 20.1305 Admissibility And Weight Of Entries From Logbooks.
20.607 Sanctions For Failure To Comply. 20.1307 Use Of Judgments Of Conviction.
20.608 Subpoenas. 20.1309 Admissibility Of Respondents' Criminal Records And
20.609 Motions To Quash Or Modify. Records With The Coast Guard Before Entry Of
Findings And Conclusions.
Subpart GHearings 20.1311 Admissions By Respondent.
20.1313 Medical Examination Of Respondents.
20.701 Standard Of Proof.
20.1315 Submission Of Prior Records And Evidence In
20.702 Burden Of Proof.
Aggravation Or Mitigation.
20.703 Presumptions.
20.704 Scheduling And Notice Of Hearings.
Authority: 33 U.S.C. 1321; 42 U.S.C. 9609; 46 U.S.C. 7701,
20.705 Failure To Appear.
7702; Department of Homeland Security Delegation No. 0170.1,
20.706 Witnesses.
para. 2(73).
20.707 Telephonic Testimony.
20.708 Witnesses' Fees.
Source: CGD 98-3472, 64 FR 28062, May 24, 1999, unless
20.709 Closing Of The Record.
otherwise noted.
20.710 Proposed Findings, Closing Arguments, And Briefs.
____________________________________________________

18
Subpart AGeneral individual merchant mariner's document, license, and certificate of
registry enumerated in 46 U.S.C. subtitle II part E as well as the
20.101 Scope. STCW endorsement into a single credential that serves as the
Except as otherwise noted, the rules of practice, procedure, and mariner's qualification document, certificate of identification, and
evidence in this part apply to the following subjects of certificate of service.
administrative proceedings before the United States Coast Guard:
Motion means a request for an order or ruling from an ALJ.
(a) Class II civil penalties assessed under subsection 311(b) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)). Party means a respondent or the Coast Guard.

(b) Class II civil penalties assessed under section 109 of the Person means an individual, a partnership, a corporation, an
Comprehensive Environmental Response, Compensation, and association, a public or private organization, or a governmental
Liability Act (42 U.S.C. 9609(b)). agency.

(c) Suspensions and revocations conducted under 46 U.S.C. Personal delivery means delivery by hand or in person, or
Chapter 77. through use of a contract service or an express-courier service. It
does not include use of governmental interoffice mail.
20.102 Definitions.
Pleading means a complaint, an answer, and any amendment to
Administrative Law Judge or ALJ means any person such document permitted under this part.
designated by the Commandant under paragraph 556(b)(3) of the
Administrative Procedure Act (APA) (5 U.S.C. 556(b)(3)) to Respondent means a person charged with a violation in a
conduct hearings arising under 33 U.S.C. 1321(b); 42 U.S.C. complaint issued under this part.
9609(b); or 46 U.S.C. Chapter 77.
Suspension and revocation proceeding or S&R proceeding
Chief Administrative Law Judge or Chief ALJ means the means a trial-type proceeding for the suspension or revocation of
Administrative Law Judge appointed as the Chief Administrative a merchant mariner's credential, license, certificate of registry, or
Law Judge of the Coast Guard by the Commandant. document issued by the Coast Guard that affords an opportunity
for an oral, fact-finding hearing before an ALJ.
Class II Civil penalty proceeding means a trial-type proceeding
for the assessment of a civil penalty that affords an opportunity for [CGD 98-3472, 64 FR 28062, May 24, 1999, as amended at,
an oral, fact-finding hearing before an ALJ. USCG-2006-24371, 74 FR 11211, Mar. 16, 2009]

Coast Guard Representative means an official of the Coast Subpart B-Administrative Law Judges
Guard designated to prosecute an administrative proceeding.
20.201 Assignment.
Commandant means the Commandant of the Coast Guard. It An ALJ, assigned by the Chief ALJ after receipt of the complaint,
includes the Vice-Commandant of the Coast Guard acting on shall preside over each administrative proceeding under this part.
behalf of the Commandant in any matter.
20.202 Powers.
Complaint means a document issued by a Coast Guard The ALJ shall have all powers necessary to the conduct of fair,
representative alleging a violation for which a penalty may be fast, and impartial hearings, including the powers to-
administratively assessed under 33 U.S.C. 1321(b) or 42 U.S.C.
9609(b), or a merchant mariner credential, mariner's license, (a) Administer oaths and affirmations;
certificate of registry, or document suspended or revoked under
46 U.S.C. 7703 or 7704. (b) Issue subpoenas authorized by law;

Credential means any or all of the following: (c) Rule on motions;

(1) Merchant mariner's document. (d) Order discovery as provided for in this part;

(2) Merchant mariner's license. (e) Hold hearings or settlement conferences;

(3) STCW endorsement. (f) Regulate the course of hearings;

(4) Certificate of registry. (g) Call and question witnesses;

(5) Merchant mariner credential. (h) Issue decisions;

Hearing Docket Clerk means an employee of the Office of the (i) Exclude any person from a hearing or conference for
Chief ALJ who is responsible for receiving documents, disrespect, or disorderly or rebellious conduct; and
determining their completeness and legibility, and distributing
them to ALJs and others, as required by this part. (j) Institute policy authorized by the Chief ALJ.

Interested person means a person who, as allowed in 20.404, 20.203 Unavailability.


files written comments on a proposed assessment of a class II (a) If an ALJ cannot perform the duties described in 20.202 or
civil penalty or files written notice of intent to present evidence in otherwise becomes unavailable, the Chief ALJ shall designate a
any such hearing held on the proposed assessment. successor.

Mail means first-class, certified, or registered matter sent by the (b) If a hearing has commenced and the assigned ALJ cannot
Postal Service, or matter sent by an express-courier service. proceed with it, a successor ALJ may. The successor ALJ may, at
the request of a party, recall any witness whose testimony is
Merchant mariner credential or MMC means the credential material and disputed, and who is available to testify again
issued by the Coast Guard under 46 CFR part 10. It combines the without undue burden. The successor ALJ may, within his or her

19
discretion, recall any other witness. and who is not an attorney shall file a statement setting forth the
basis of his or her authority to so act. The ALJ may deny
20.204 Withdrawal Or Disqualification. appearance as representative to any person who, the ALJ finds,
(a) An ALJ may disqualify herself or himself at any time. lacks the requisite character, integrity, or proper personal conduct.

(b) Until the filing of the ALJ's decision, either party may move 20.302 Filing Of Documents And Other Materials.
that the ALJ disqualify herself or himself for personal bias or other (a) The proper address at which to file all documents and other
valid cause. The party shall file with the ALJ, promptly upon materials relating to an administrative proceeding is: U.S. Coast
discovery of the facts or other reasons allegedly constituting Guard Administrative Law Judge Docketing Center; Attention:
cause, an affidavit setting forth in detail the reasons. Hearing Docket Clerk; Room 412; 40 S. Gay Street; Baltimore,
MD 21201-4022.
(1) The ALJ shall rule upon the motion, stating the grounds for the
ruling. If the ALJ concludes that the motion is timely and (b) The telephone number is: 410-962-5100.
meritorious, she or he shall disqualify herself or himself and
withdraw from the proceeding. If the ALJ does not disqualify (c) The fax number is: 410-962-1746.
herself or himself and withdraw from the proceeding, the ALJ shall
carry on with the proceeding, or, if a hearing has concluded, issue (d) The appropriate party shall file with the Hearing Docket Clerk
a decision. an executed original of each document (including any exhibit and
supporting affidavit).
(2) If an ALJ denies a motion to disqualify herself or himself, the
moving party may, according to the procedures in subpart J of this (e) A party may file by mail or personal delivery. The ALJ or the
part, appeal to the Commandant once the hearing has concluded. Hearing Docket Clerk may permit other methods, such as fax or
When that party does appeal, the ALJ shall forward the motion, other electronic means.
the affidavit, and supporting evidence to the Commandant along
with the ruling. (f) When the Hearing Docket Clerk determines that a document,
or other material, offered for filing does not comply with
20.205 Ex Parte Communications. requirements of this part, the Clerk will accept it, and may advise
Ex parte communications are governed by subsection 557(d) of the person offering it of the defect, and require that person to
the Administrative Procedure Act (5 U.S.C. 557(d)). correct the defect. If the defect is failure to serve copies on other
parties, the parties' response period begins when properly served.
20.206 Separation Of Functions.
(a) No ALJ may be responsible to, or supervised or directed by, 20.303 Form And Content Of Filed Documents.
an officer, employee, or agent who investigates for or represents (a) Each filed document must clearly-
the Coast Guard.
(1) State the title of the case;
(b) No officer, employee, or agent of the Coast Guard who
investigates for or represents the Coast Guard in connection with (2) State the docket number of the case, if one has been assigned;
any administrative proceeding may, in that proceeding or one
factually related, participate or advise in the decision of the ALJ or (3) Designate the type of filing (for instance: petition, notice, or
of the Commandant in an appeal, except as a witness or counsel motion to dismiss);
in the proceeding or the appeal.
(4) Identify the filing party by name and capacity acted in; and
Subpart C-Pleadings And Motions
(5) State the address, telephone number, and any fax number of
20.301 Representation. the filing party and, if that party is represented, the name, address,
(a) A party may appear- telephone number, and any fax number of the representative.

(1) Without counsel; (b) Each filed document must-

(2) With an attorney; or (1) Measure 8 1/2 by 11 inches, except that a table, chart, or
other attachment may be larger if folded to the size of the filed
(3) With other duly authorized representative. document to which it is physically attached;

(b) Any attorney, or any other duly authorized representative, (2) Be printed on just one side of the page and be clearly
shall file a notice of appearance. The notice must indicate- typewritten, printed, or otherwise reproduced by a process that
yields legible and permanent copies;
(1) The name of the case, including docket number if assigned;
(3) Be double-spaced except for footnotes and long quotations,
(2) The person on whose behalf the appearance is made; and which may be single-spaced;

(3) The person's and the representative's mailing addresses and (4) Have a left margin of at least 1 1/2 inches and other margins
telephone numbers. of at least 1 inch; and

(c) Any attorney or other duly authorized representative shall also (5) Be bound on the left side, if bound.
file a notice, including the items listed in paragraph (a) of this
section, for any withdrawal of appearance. (c) Each filed document must be in English or, if in another
language, accompanied by a certified translation. The original of
(d) Any attorney shall be a member in good standing of the bar of each filed document must be signed by the filing party or her or
the highest court of a State, the District of Columbia, or any his representative. Unless the rules in this part or the ALJ requires
territory or commonwealth of the United States. A personal it to be verified or accompanied by an affidavit, no filed document
representation of membership is sufficient proof, unless the ALJ need be. The signature constitutes a certification by the signer
orders more evidence. that she or he has read the document; that, to the best of her or
his knowledge, information, and belief, the statements made in it
(e) Any person who would act as a duly authorized representative are true; and that she or he does not intend it to cause delay.

20
(d) Complaints, answers, and simple motions may employ forms If a party - Then the serving party must serve-
approved for use in proceedings of the Coast Guard instead of Is represented The counsel or other representative.
the format set out in this section.
Is not represented The party.
20.304 Service Of Documents.
(a) The ALJ shall serve upon each party to the proceeding a copy
of each document issued by the ALJ in it. The ALJ shall serve (2) Service upon counsel or representative constitutes service
upon each interested person, as determined under 20.404, a upon the person to be served.
copy of the notice of hearing. Unless this part provides otherwise,
the ALJ shall upon request furnish to each such interested person (f) The serving party must send service copies to the address
a copy of each document filed with the Hearing Docket Clerk or indicated in this table.
issued by the ALJ.
TABLE 20.304(F)-WHERE TO SEND SERVICE COPIES
(b) Unless the ALJ orders otherwise, each person filing a
document with the Hearing Docket Clerk shall serve upon each If a party - Then the serving party must serve-
party a copy of it. Is represented The address of the counsel or
representative.
(c) If a party filing a document must serve a copy of it upon each
party, each copy must bear a certificate of service, signed by or Is not represented The last known address of residence or
on behalf of the filing party, stating that she or he has so served it. principal place of business of the
The certificate shall be in substantially the following form: person to be served.

I hereby certify that I have served the foregoing document[s] upon (g) This table describes when service of a filed document is
the following parties (or their designated representatives) to this complete.
proceeding at the addresses indicated by [specify the method]:
TABLE 20.304(G)-WHEN SERVICE IS COMPLETE
(1) [name, address of party]
If method of service used is - Then service is complete
(2) [name, address of party] when the document is -
(1)Personal delivery (i) Handed to the person to
Done at ___________________, this ________ day of Complaint or Default Motion). be served.
_____________, 19____ or 20____.
(ii) Delivered to the person's
[Signature] office during business hours.

For (iii) Delivered to the person's


residence and service made
[Capacity]. to a person of suitable age
and discretion residing at the
(d) This table describes how to serve filed documents. individual's residence.

TABLE 20.304(D).-HOW TO SERVE FILED (2) Personal delivery (all (i) Handed to the person to
DOCUMENTS other filed documents). be served.

(ii) Delivered to the person's


office during business hours.

(iii) Delivered to the person's


residence and deposited in a
conspicuous place.

(3) Certified Mail or express- (i) Delivered to the person's


courier (Complaint or Default residence and signed for by a
Motion). person of suitable age and
discretion residing at the
individual's residence.

(ii) Delivered to the person's


office during business hours
and signed for by a person of
suitable age and discretion.

(4) Mail or express-courier (i) Mailed (postmarked).


service (all other filed (ii) Deposited with express-
documents). courier service.

(5) Fax or other electronic Transmitted.


means.

(e)(1) Unless the ALJ orders otherwise, if a party files a document (h) If a person refuses to accept delivery of any document or fails
under 20.302, the party must serve a copy to the person to claim a properly addressed document other than a complaint
indicated in this table. sent under this subpart, the Coast Guard considers the document
served anyway. Service is valid at the date and the time of mailing,
TABLE 20.304(E)-WHO RECEIVES COPIES OF FILED
of deposit with a contract service or express-courier service, or of
DOCUMENTS

21
refusal to accept delivery. (b) The Coast Guard shall propose a place of hearing when filing
the complaint.
[CGD 98-3472, 64 FR 28062, May 24, 1999; 64 FR 34540, June
28, 1999; 65 FR 40052, June 29, 2000] (c) The complaint must conform to the requirements of this
subpart for filing and service.
20.305 Amendment Or Supplementation Of Filed Documents.
(a) Each party or interested person shall amend or supplement a 20.308 Answers.
previously filed pleading or other document if she or he learns of a (a) The respondent shall file a written answer to the complaint 20
material change that may affect the outcome of the administrative days or less after service of the complaint. The answer must
proceeding. However, no amendment or supplement may conform to the requirements of this subpart for filing and service.
broaden the issues without an opportunity for any other party or
interested person both to reply to it and to prepare for the (b) The person filing the answer shall, in the answer, either agree
broadened issues. to the place of hearing proposed in the complaint or propose an
alternative.
(b) The ALJ may allow other amendments or supplements to
previously filed pleadings or other documents. (c) Each answer must state whether the respondent intends to
contest any of the allegations set forth in the complaint. It must
(c) Each party or interested person shall notify the Hearing Docket include any affirmative defenses that the respondent intends to
Clerk, the ALJ, and every other party or interested person, or her assert at the hearing. The answer must admit or deny each
or his representative, of any change of address. numbered paragraph of the complaint. If it states that the
respondent lacks sufficient knowledge or information to admit or
20.306 Computation Of Time. deny a particular numbered paragraph, it denies that paragraph. If
(a) We compute time periods as follows: it does not specifically deny a particular numbered paragraph, it
admits that paragraph.
(1) We do not include the first day of the period.
(d) A respondent's failure without good cause to file an answer
(2) If the last day of the period is a Saturday, Sunday, or Federal admits each allegation made in the complaint.
holiday, we extend the period to the next business day.
20.309 Motions.
(3) If the period is 7 days or less, we do not include Saturdays, (a) A person may apply for an order or ruling not specifically
Sundays, or Federal holidays. provided for in this subpart, but shall apply for it by motion. Each
written motion must comply with the requirements of this subpart
(b) If you were served a document (by domestic mail) that for form, filing, and service. Each motion must state clearly and
requires or permits a response, you may add 3 days to any period concisely-
for response.
(1) Its purpose, and the relief sought;
(c) If you need additional time to file a response, follow the rules
in these tables. (2) Any statutory or regulatory authority; and

(1) You may request an extension- (3) The facts constituting the grounds for the relief sought.

TABLE 20.306(C)(1).-HOW TO REQUEST AN EXTENSION (b) A proposed order may accompany a motion.

If the response period By - (c) Each motion must be in writing; except that one made at a
Has not expired Telephone, letter, or motion hearing will be sufficient if stated orally upon the record, unless
the ALJ directs that it be reduced to writing.
Has expired Only by motion describing why the
failure to file was excusable. (d) Except as otherwise required by this part, a party shall file any
response to a written motion 10 days or less after service of the
(2) You file your request as follows: motion. When a party makes a motion at a hearing, an oral
response to the motion made at the hearing is timely.
TABLE 20.306(C)(2).-WHERE TO FILE AN EXTENSION
REQUEST (e) Unless the ALJ orders otherwise, the filing of a motion does
If Then you file your request not stay a proceeding.
with the -
An ALJ has not been Hearing Docket Clerk (f) The ALJ will rule on the record either orally or in writing. She or
assigned he may summarily deny any dilatory, repetitive, or frivolous
motion.
An ALJ has been assigned ALJ
20.310 Default By Respondent.
Your case is on appeal Hearing Docket Clerk (a) The ALJ may find a respondent in default upon failure to file a
timely answer to the complaint or, after motion, upon failure to
20.307 Complaints. appear at a conference or hearing without good cause shown.
(a) The complaint must set forth-
(b) Each motion for default must conform to the rules of form,
(1) The type of case; service, and filing of this subpart. Each motion must include a
proposed decision and proof of service under section 20.304(d).
(2) The statute or rule allegedly violated; The respondent alleged to be in default shall file a reply to the
motion 20 days or less after service of the motion.
(3) The pertinent facts alleged; and
(c) Default by respondent constitutes, for purposes of the pending
(4)(i) The amount of the class II civil penalty sought; or action only, an admission of all facts alleged in the complaint and
a waiver of her or his right to a hearing on those facts.
(4)(ii) The order of suspension or revocation proposed.

22
(d) Upon finding a respondent in default, the ALJ shall issue a consolidation would expedite the proceedings and serve the
decision against her or him. interests of justice.) The ALJ may not consolidate any matters if
consolidation would prejudice any rights available under this part
(e) For good cause shown, the ALJ may set aside a finding of or impair the right of any party to place any matters at issue.
default.
(b) Unless directed otherwise by the Chief ALJ, a presiding ALJ
20.311 Withdrawal Or Dismissal. may, either in response to a motion or on his or her own motion,
An administrative proceeding may end in withdrawal without any for good cause, sever any administrative proceeding with respect
act by an ALJ in any of the following ways: to some or all parties, claims, and issues.

(1) By the filing of a stipulation by all parties who have appeared 20.404 Interested Persons.
in the proceeding. (a) Any person not a party to a class II civil penalty proceeding
under 33 U.S.C. 1321(b)(6) who wishes to be an interested
(2) By the filing of a notice of withdrawal by the Coast Guard person in the proceeding shall, 30 days or less after publication in
representative at any time before the respondent has served a the FEDERAL REGISTER of the public notice required by
responsive pleading. 20.402, file with the Hearing Docket Clerk either-

(3) With respect to a complaint filed under section 311(b)(6) of the (1) Written comments on the proceeding; or
Federal Water Pollution Control Act (33 U.S.C. 1321(b)(6)) or
section 109(d) of the Comprehensive Environmental Response, (2) Written notice of intent to present evidence at any hearing in
Compensation and Liability Act (42 U.S.C. 9609(b)), by the filing the proceeding.
of-
(b) The presiding ALJ may, for good cause, accept late comments
(3)(i) A notice of withdrawal by the Coast Guard representative at or late notice of intent to present evidence.
any time after the respondent has served a responsive pleading,
but before the issuance of an order assessing or denying a class (c) Each interested person shall receive notice of any hearing due
II civil penalty, together with in the proceeding and of the decision in the proceeding. He or she
may have a reasonable opportunity to be heard and to present
(3)(ii) A certification by the representative that the filing of the evidence in any hearing.
notice is due to a request by the Attorney General-in accordance
with subsection 10(d) of Executive Order 12777 (56 FR 54757; 3 (d) The opportunity secured by paragraph (c) of this section does
CFR, 1991 Comp., p. 351)-that the Coast Guard refrain from not extend to-
conducting an administrative proceeding.
(1) The issuance of subpoenas for witnesses;
(b) Unless the stipulation or notice of withdrawal states otherwise,
a withdrawal under paragraph (a) of this section is without (2) The cross-examination of witnesses; or
prejudice.
(3) Appearance at any settlement conference.
(c) Except as provided in paragraph (a) of this section, no
administrative proceeding may end in withdrawal unless approved Subpart E-Conferences And Settlements
by an ALJ upon such terms as she or he deems proper.
20.501 Conferences.
(d) Any respondent may move to dismiss a complaint, the (a) Any party may by motion request a conference.
government may move to dismiss a petition, or any party may
lodge a request for relief, for failure of another party to- (b) The ALJ may direct the parties to attend one or more
conferences before or during a hearing.
(1) Comply with the requirements of this part or with any order of
the ALJ; (c) The ALJ may invite interested persons to attend a conference,
other than a settlement conference, as the ALJ deems
(2) Show a right to relief based upon the facts or law; or appropriate.

(3) Prosecute the proceeding. (d) The ALJ shall give reasonable notice of the time and place of
any conference to the parties, and to interested persons if invited.
(e) A dismissal resides within the discretion of the ALJ. A conference may occur in person, by telephone, or by other
appropriate means.
Subpart DProceedings
(e) Each party, and any interested person invited, shall be fully
20.401 Initiation Of Administrative Proceedings. prepared for a useful discussion of all issues properly before the
An administrative proceeding commences when the Coast Guard conference, both procedural and substantive, and be authorized
representative files the complaint with the Hearing Docket Clerk to commit themselves or those they represent respecting those
and serves a copy of it on the respondent. issues.

20.402 Public Notice. (f) Unless the ALJ excuses a party, the failure of a party to attend
Upon the filing of a complaint under 33 U.S.C. 1321(b)(6), the or participate in a conference, after being served with reasonable
Coast Guard provides public notice of a class II civil penalty notice of its time and place, waives all objections to any
proceeding. The notice appears in the FEDERAL REGISTER. agreements reached in it and to any consequent orders or rulings.

20.403 Consolidation And Severance. (g) The ALJ may direct that any of the following be addressed or
(a) A presiding ALJ may for good cause, with the approval of the furnished before, during, or after the conference:
Chief ALJ and with all parties given notice and opportunity to
object, consolidate any matters at issue in two or more (1) Methods of service and filing.
administrative proceedings docketed under this part. (Good cause
includes the proceedings' possessing common parties, questions (2) Motions for consolidation or severance of parties or issues.
of fact, and issues of law and presenting the likelihood that

23
(3) Motions for discovery. to call, together with a brief narrative summary of the expected
testimony; and
(4) Identification, simplification, and clarification of the issues.
(2) A copy, marked as an exhibit, of each document the party
(5) Requests for amendment of the pleadings. intends to introduce into evidence or use in the presentation of its
case.
(6) Stipulations and admissions of fact and of the content and
authenticity of documents. (b) During a pre-hearing conference ordered under 20.501, the
ALJ may direct that the parties exchange witness lists and
(7) The desirability of limiting and grouping witnesses, so as to exhibits either at once or by correspondence.
avoid duplication.
(c) The ALJ may establish a schedule for discovery and shall
(8) Requests for official notice and particular matters to be serve a copy of any such schedule on each party.
resolved by reliance upon the substantive standards, rules, and
other policies of the Coast Guard. (1) The schedule may include dates by which the parties shall
both exchange witness lists and exhibits and file any requests for
(9) Offers of settlement. discovery and objections to such requests.

(10) Proposed date, time, and place of the hearing. (2) Unless the ALJ orders otherwise, the parties shall exchange
witness lists and exhibits 15 days or more before hearing.
(11) Other matters that may aid in the disposition of the
proceeding. (d) Further discovery may occur only by order, and then only
when the ALJ determines that-
(h) No one may stenographically report or otherwise record a
conference unless the ALJ allows. (1) It will not unreasonably delay the proceeding;

(i) During a conference, the ALJ may dispose of any procedural (2) The information sought is not otherwise obtainable;
matters on which he or she is authorized to rule.
(3) The information sought has significant probative value;
(j) Actions taken at a conference may be memorialized in-
(4) The information sought is neither cumulative nor repetitious;
(1) A stenographic report if authorized by the ALJ; and

(2) A written transcript from a magnetic tape or the equivalent if (5) The method or scope of the discovery is not unduly
authorized by the ALJ; or burdensome and is the least burdensome method available.

(3) A statement by the ALJ on the record at the hearing (e) A motion for discovery must set forth-
summarizing them.
(1) The circumstances warranting the discovery;
20.502 Settlements.
(a) The parties may submit a proposed settlement to the ALJ. (2) The nature of the information sought; and

(b) The proposed settlement must be in the form of a proposed (3) The proposed method and scope of discovery and the time
decision, accompanied by a motion for its entry. The decision and place where the discovery would occur.
must recite the reasons that make it acceptable, and it must be
signed by the parties or their representatives. (f) If the ALJ determines that he or she should grant the motion,
he or she shall issue an order for the discovery, together with the
(c) The proposed decision must contain- terms on which it will occur.

(1) An admission of all jurisdictional facts; 20.602 Amendatory Or Supplementary Responses.


(a) Any party or interested person shall amend or supplement
(2) An express waiver of- information previously provided upon learning that the
information-
(2)(i) Any further procedural steps before the ALJ; and
(1) Was incorrect or incomplete when provided; or,
(2)(ii) All rights to seek judicial review, or otherwise challenge or
contest the validity, of the decision; (2) Though correct or complete when provided, no longer is.

(3) A statement that the decision will have the same force and (b) The party or interested person shall amend or supplement that
effect as would a decision made after a hearing; and information by following the procedures in 20.305.

(4) A statement that the decision resolves all matters needing to 20.603 Interrogatories.
be adjudicated. (a) Any party requesting interrogatories shall so move to the ALJ.
The motion must include-
Subpart FDiscovery
(1) A statement of the purpose and scope of the interrogatories;
20.601 General. and
(a) Unless the ALJ orders otherwise, each party-and each
interested person who has filed written notice of intent to present (2) The proposed interrogatories.
evidence at any hearing in the proceeding under 20.404-shall
make available to the ALJ and to every other party and interested (b) The ALJ shall review the proposed interrogatories, and may
person- enter an order either-

(1) The name of each expert and other witness the party intends (1) Approving the service of some or all of the proposed

24
interrogatories; or stated.

(2) Denying the motion. 20.605 Depositions.


(a) The ALJ may order a deposition only upon a showing of good
(c) The party requesting interrogatories shall serve on the party cause and upon a finding that-
named in the interrogatories the approved written interrogatories.
(1) The information sought is not obtainable more readily by
(d) Each interrogatory must be answered separately and fully in alternative methods; or
writing under oath or affirmation, unless it is objected to, in which
event the party named shall state the reasons for the objection (2) There is a substantial reason to believe that relevant and
instead of a response. This party, the party's attorney, or the probative evidence may otherwise not be preserved for
party's representative shall sign the party's responses to presentation at the hearing.
interrogatories.
(b) Testimony may be taken by deposition upon approval of the
(e) Responses or objections must be filed within 30 days after the ALJ of a motion made by any party.
service of the interrogatories.
(1) The motion must state-
(f) A response to an interrogatory is sufficient when-
(1)(i) The purpose and scope of the deposition;
(1) The responder lists the records from which such answers may
be derived or ascertained; and (1)(ii) The time and place it is to be taken;

(2) The burden of ascertaining the information in a response to an (1)(iii) The name and address of the person before whom the
interrogatory is substantially the same for all parties involved in deposition is to be taken;
the action; and
(1)(iv) The name and address of each witness from whom a
(3) The information may be obtained from an examination, audit, deposition is to be taken;
or inspection of records, or from a compilation, abstract, or
summary based on such records. (1)(v) The documents and materials which the witness is to
produce; and
(g) The party serving the interrogatory shall be afforded
reasonable opportunity to examine, audit, or inspect the resource (1)(vi) Whether it is intended that the deposition be used at a
and to make copies, compilations, abstracts, or summaries. The hearing instead of live testimony.
specification must include sufficient detail to permit the
interrogating party to locate and identify the individual records (2) The motion must state if the deposition is to be by oral
from which the answer may be ascertained. examination, by written interrogatories, or a combination of the
two. The deposition may be taken before any disinterested person
20.604 Requests For Production Of Documents Or Things, authorized to administer oaths in the place where the deposition
For Inspection Or Other Purposes. is to be taken.
(a) Any party seeking production of documents or things for
inspection or other purposes shall so move to the ALJ. The (c) Upon a showing of good cause the ALJ may enter, and serve
motion must state with particularity- upon the parties, an order to obtain the testimony of the witness.

(1) The purpose and scope of the request; and (d) If the deposition of a public or private corporation, partnership,
association, or governmental agency is ordered, the organization
(2) The documents and materials sought. named must designate one or more officers, directors, or agents
to testify on its behalf, and may set forth, for each person
(b) The ALJ shall review the motion and enter an order approving designated, the matters on which he or she will testify. Subject to
or denying it in whole or in part. the provisions of 49 CFR part 9 with respect to Coast Guard
witnesses, the designated persons shall testify as to matters
(c) A party shall serve on the party in possession, custody, or reasonably known to them.
control of the documents the order to produce or to permit
inspection and copying of documents. (e) Each witness deposed shall be placed under oath or
affirmation, and the other parties shall have the right to cross-
(d) A party may, after approval of an appropriate motion by the examine.
ALJ, inspect and copy, test, or sample any tangible things that
contain, or may lead to, relevant information, and that are in the (f) The witness being deposed may have counsel or another
possession, custody, or control of the party upon whom the representative present during the deposition.
request is served.
(g) Except as provided in paragraph (n) of this section,
(e) A party may, after approval of an appropriate motion by the depositions shall be stenographically recorded and transcribed at
ALJ, serve on another party a request to permit entry upon the expense of the party requesting the deposition. Unless waived
designated property in the possession or control of the other party by the deponent, the transcription must be read by or read to the
for the purpose of inspecting, measuring, surveying, deponent, subscribed by the deponent, and certified by the
photographing, testing, or sampling the property or any person before whom the deposition was taken.
designated object or area. A request to permit entry upon property
must set forth with reasonable particularity the feature to be (h) Subject to objections to the questions and responses that
inspected and must specify a reasonable time, place, and manner were noted at the taking of the deposition and that would have
for making the inspection and performing the related acts. been sustained if the witness had been personally present and
testifying at a hearing, a deposition may be offered into evidence
(f) The party upon whom the request is served shall respond by the party taking it against any party who was present or
within 30 days after the service of the request. Inspection and represented at the taking of the deposition or who had notice of
related activities will be permitted as requested, unless there are the deposition.
objections, in which case the reason for each objection must be

25
(i) The party requesting the deposition shall make appropriate (b) When a person from whom discovery is sought seeks a
arrangements for necessary facilities and personnel. protective order, the ALJ may let him or her make all or part of the
showing of good cause in camera. The ALJ shall record any
(j) During the taking of a deposition, a party or the witness may re- proceedings in camera. If he or she enters a protective order, he
quest suspension of the deposition on the grounds of bad faith in or she shall seal any proceedings so recorded. These shall be
the conduct of the examination, oppression of the witness or party, releasable only as required by law.
or improper questioning or conduct. Upon request for suspension,
the deposition will be adjourned. The objecting party or witness (c) Upon motion by a person from whom discovery is sought, the
must immediately move the ALJ for a ruling on the objection(s). ALJ may-
The ALJ may then limit the scope or manner of the taking of the
deposition. (1) Restrict or defer disclosure by a party either of the name of a
witness or, if the witness comes from the Coast Guard, of any
(k) When a deposition is taken in a foreign country, it may be prior statement of the witness; and
taken before a person having power to administer oaths in that
location, or before a secretary of an embassy or legation, consul (2) Prescribe other appropriate measures to protect a witness.
general, consul, vice consul or consular agent of the United
States, or before such other person or officer as may be agreed (d) The ALJ will give any party an adequate opportunity to
upon by the parties by written stipulation filed with the ALJ. prepare for cross-examination or other presentation concerning
witnesses and statement subject to protective orders.
(l) Objection to taking a deposition because of the disqualification
of the officer before whom it is to be taken is waived unless made 20.607 Sanctions For Failure To Comply.
before the taking of the deposition begins, or as soon as the If a party fails to provide or permit discovery, the ALJ may take
disqualification becomes known or could have been discovered such action as is just. This may include the following:
with reasonable diligence.
(a) Infer that the testimony, document, or other evidence would
(m) A deposition may be taken by telephone conference call upon have been adverse to the party.
such terms, conditions, and arrangements as are prescribed in
the order of the ALJ. (b) Order that, for the purposes of the proceeding, designated
facts are established.
(n) The testimony at a deposition hearing may be recorded on
videotape, upon such terms, conditions and arrangements as are (c) Order that the party not introduce into evidence-or otherwise
prescribed in the order of the ALJ, at the expense of the party rely upon, in support of any claim or defense-the evidence that
requesting the recording. The video recording may be in was withheld.
conjunction with an oral examination by telephone conference
held pursuant to paragraph (m) of this section. After the (d) Order that the party not introduce into evidence, or otherwise
deposition has been taken, and copies of the video recording are use in the hearing, information obtained in discovery.
provided to parties requesting them, the person recording the
deposition shall immediately place the videotape in a sealed (e) Allow the use of secondary evidence to show what the
envelope or a sealed videotape container, attaching to it a evidence withheld would have shown.
statement identifying the proceeding and the deponent and
certifying as to the authenticity of the video recording, and return 20.608 Subpoenas.
the videotape by accountable means to the ALJ. The deposition (a) Any party may request the ALJ to issue a subpoena for the
becomes a part of the record of the proceedings in the same attendance of a person, the giving of testimony, or the production
manner as a transcribed deposition. The videotape, if admitted of books, papers, documents, or any other relevant evidence
into evidence, will be played during the hearing and transcribed during discovery or for any hearing. Any party seeking a
into the record by the reporter. subpoena from the ALJ shall request its issuance by motion.

20.606 Protective Orders. (b) An ALJ may, for good cause shown, apply to the United States
(a) In considering a motion for an order of discovery-or a motion, District Court for the issuance of an order compelling the
by a party or other person from whom discovery is sought, to appearance and testimony of a witness or the production of
reconsider or amend an order of discovery-the ALJ may enter any evidence.
order that justice requires, to protect a person from annoyance,
embarrassment, oppression, or undue burden or expense. This (c) A person serving a subpoena shall prepare a written statement
order may- setting forth either the date, time, and manner of service or the
reason for failure of service. He or she shall swear to or affirm the
(1) Confine discovery to specific terms and conditions, such as a statement, attach it to a copy of the subpoena, and return it to the
particular time and place; ALJ who issued the subpoena.

(2) Confine discovery to a method other than that selected by the (d) Coast Guard investigating officers have separate subpoena
party seeking it; power in S&R proceedings under 46 CFR 5.301.

(3) Preclude inquiry into certain matters; 20.609 Motions To Quash Or Modify.
(a) A person to whom a subpoena is directed may, by motion with
(4) Direct that discovery occur with no one present except notice to the party requesting the subpoena, ask the ALJ to quash
persons designated by the ALJ; or modify the subpoena.

(5) Preclude the disclosure of a trade secret or other proprietary (b) Except when made at a hearing, the motion must be filed:
information, or allow its disclosure only in a designated way or
only to designated persons; or (1) 10 days or less after service of a subpoena compelling the
appearance and testimony of a witness or the production of
(6) Require that the person from whom discovery is sought file evidence or
specific documents or information under seal for opening at the
direction of the ALJ. (2) At or before the time specified in the subpoena for compliance,
whichever is earlier.

26
(c) If the subpoena is served at a hearing, the person to whom it 20.707 Telephonic Testimony.
is directed may, in person at the hearing or in writing within a (a) The ALJ may order the taking of the testimony of a witness by
reasonable time fixed by the ALJ, ask the ALJ to quash or modify telephonic conference call. A person presenting evidence may by
it. motion ask for the taking of testimony by this means. The
arrangement of the call must let each participant listen to and
(d) The ALJ may quash or modify the subpoena if it is speak to each other within the hearing of the ALJ, who will ensure
unreasonable or requires evidence not relevant to any matter in the full identification of each so the reporter can create a proper
issue. record.

Subpart GHearings (b) The ALJ may issue a subpoena directing a witness to testify
by telephonic conference call. The subpoena in any such instance
20.701 Standard Of Proof. issues under the procedures in 20.608.
The party that bears the burden of proof shall prove his or her
case or affirmative defense by a preponderance of the evidence. 20.708 Witnesses' Fees.
(a) Each witness summoned in an administrative proceeding shall
20.702 Burden Of Proof. receive the same fees and mileage as a witness in a District Court
(a) Except for an affirmative defense, or as provided by paragraph of the United States.

(b) of this section, the Coast Guard bears the burden of proof. (b) The party or interested person who calls a witness is
responsible for all fees and mileage due under paragraph (a) of
(b) Except as otherwise provided by statute or rule, the proponent this section.
of a motion, request, or order bears the burden of proof.
20.709 Closing Of The Record.
20.703 Presumptions. (a) When the ALJ closes the hearing, he or she shall also close
In each administrative hearing, a presumption- the record of the proceeding, as described in 20.903, unless he
or she directs otherwise. Even after the ALJ closes it, he or she
(a) Imposes on the party against whom it lies the burden of going may reopen it.
forward with evidence to rebut or meet the presumption; but
(b) The ALJ may correct the transcript of the hearing by
(b) Does not shift the burden of proof in the sense of the risk of appropriate order.
non-persuasion.
20.710 Proposed Findings, Closing Arguments, And Briefs.
20.704 Scheduling And Notice Of Hearings. (a) Before the ALJ closes the hearing, he or she may hear oral
(a) With due regard for the convenience of the parties, and of their argument so far as he or she deems appropriate.
representatives or witnesses, the ALJ shall, as early as possible,
fix the date, time, and place for the hearing and notify all parties (b) Before the ALJ decides the case, and upon terms he or she
and interested persons. finds reasonable, any party may file a brief, proposed findings of
fact and conclusions of law, or both. Any party may waive this
(b) The ALJ may grant a request for a change in the date, time, or right. If all parties waive it, then the ALJ may issue an oral order at
place of a hearing. the close of the hearing.

(c) At any time after commencement of a proceeding, any party (c) Any oral argument, brief, or proposed findings of fact and
may move to expedite the proceeding. A party moving to expedite conclusions of law form part of the record of the proceeding, as
shall- described in 20.903.

(1) Explain in the motion the circumstances justifying the motion Subpart HEvidence
to expedite; and
20.801 General.
(2) Incorporate in the motion affidavits supporting any Any party may present his or her case or defense by oral,
representations of fact. documentary, or demonstrative evidence; submit rebuttal
evidence; and conduct any cross-examination that may be
(d) After timely receipt of the motion and any responses, the ALJ necessary for a full and true disclosure of the facts.
may expedite pleadings, pre-hearing conferences, and the
hearing, as appropriate. 20.802 Admissibility Of Evidence.
(a) The ALJ may admit any relevant oral, documentary, or
20.705 Failure To Appear. demonstrative evidence, unless privileged. Relevant evidence is
The ALJ may enter a default under 20.310 against a respondent evidence tending to make the existence of any material fact more
threatening to fail, or having failed, to appear at a hearing unless,- probable or less probable than it would be without the evidence.

(a) Before the time for the hearing, the respondent shows good (b) The ALJ may exclude evidence if its probative value is
cause why neither the respondent nor his or her representative substantially outweighed by the danger of prejudice, by confusion
can appear; or, of the issues, or by reasonable concern for undue delay, waste of
time, or needless presentation of cumulative evidence
(b) 30 days or less after an order to show good cause, the
respondent shows good cause for his or her failure to appear. 20.803 Hearsay Evidence.
Hearsay evidence is admissible in proceedings governed by this
20.706 Witnesses. part. The ALJ may consider the fact that evidence is hearsay
(a) Each witness shall testify under oath or affirmation. when determining its probative value.

(b) If a witness fails or refuses to answer any question the ALJ 20.804 Objections And Offers Of Proof.
finds proper, the failure or refusal constitutes grounds for the ALJ (a) Any party objecting to the admission or exclusion of evidence
to strike all or part of the testimony given by the witness or to take shall concisely state the grounds. A ruling on every objection must
any other measure he or she deems appropriate. appear in the record. No party may raise an objection to the
admission or exclusion of evidence on appeal unless he or she

27
raised it before the ALJ.(b) Whenever evidence is objected to, the of law. The party must file the motion no later than 15 days before
party offering it may make an offer of proof, which must appear in the date fixed for the hearing and may include supporting
the record. affidavits with the motion. Any other party, 10 days or less after
service of a motion for summary decision, may serve opposing
20.805 Proprietary Information. affidavits or countermove for summary decision. The ALJ may set
(a) The ALJ may limit introduction of evidence or issue such the matter for argument and call for the submission of briefs.
protective or other orders as in his or her judgment are consistent
with the object of preventing undue disclosure of proprietary (b) The ALJ may grant the motion if the filed affidavits, the filed
matters, including, among others, ones of a commercial nature. documents, the material obtained by discovery or otherwise, or
matters officially noted show that there is no genuine issue of
(b) When the ALJ determines that information in a document material fact and that a party is entitled to a summary decision as
containing proprietary matters should be made available to a matter of law.
another party, the ALJ may direct the party possessing the
document to prepare a non-proprietary summary or extract of it. (c) Each affidavit must set forth such matters as would be
The summary or extract may be admitted as evidence in the admissible in evidence and must show affirmatively that the
record. affiant is competent to testify to the matters stated in the affidavit.
Once a party has moved for summary decision and supported his
(c) If the ALJ determines that a non-proprietary summary or or her motion as provided in this section, no party opposing the
extract is inadequate and that proprietary matters must form part motion may rest upon the mere allegations or denials of facts
of the record to avert prejudice to a party, the ALJ may so advise contained in his or her own pleadings. The response to the motion,
the parties and arrange access to the evidence for a party or by affidavit or as otherwise provided in this section, must provide
representative. a specific basis to show that there is a genuine issue of material
fact for the hearing.
20.806 Official Notice.
The ALJ may take official notice of such matters as could courts, (d) If it appears from the affidavit of a party opposing the motion
or of other facts within the specialized knowledge of the Coast that this party cannot, for reasons stated, present by affidavit
Guard as an expert body. When all or part of a decision rests on matters essential to justify his or her opposition, the ALJ may
the official notice of a material fact not appearing in the evidence deny the motion for summary decision, may order a continuance
in the record, the decision must state as much; and any party, to enable the obtaining of information, or may make such other
upon timely request, shall receive an opportunity to rebut the fact. order as is just.

20.807 Exhibits And Documents. (e) No denial of all or any part of a motion for summary decision is
(a) Each exhibit must be numbered and marked for identification subject to interlocutory appeal.
by the party offering it. The original of each exhibit so marked,
whether or not offered or admitted into evidence, must be filed 20.902 Decisions Of The ALJ.
and retained in the record of the proceeding, unless the ALJ (a) After closing the record of the proceeding, the ALJ shall
permits the substitution of a copy. The party introducing each prepare a decision containing-
exhibit so marked shall supply a copy of the exhibit to the ALJ and
to every party to the proceeding. (1) A finding on each material issue of fact and conclusion of law,
and the basis for each finding;
(b) Unless the ALJ directs otherwise, each party who would offer
an exhibit upon direct examination shall make it available to every (2) The disposition of the case, including any appropriate order;
other party for inspection 15 days or more before the hearing. The
ALJ will deem admitted the authenticity of each exhibit submitted (3) The date upon which the decision will become effective;
before the hearing unless a party either files written objection and
serves it on all parties or shows good cause for failure to do both. (4) A statement of further right to appeal; and,

(c) In class II civil penalty proceedings under 33 U.S.C. 1321(b)(6), (5) If no hearing was held, a statement of the right of any
each exhibit introduced by an interested person must be marked, interested person to petition the Commandant to set aside the
and filed and retained in the record of the proceeding, unless the decision.
ALJ permits the substitution of a copy. The interested person shall
supply a copy of the exhibit to the ALJ and to every party to the (b) The decision of the ALJ must rest upon a consideration of the
proceeding. The requirements of paragraph (b) of this section whole record of the proceedings.
apply to any interested person who would offer an exhibit upon
direct examination. (c) The ALJ may, upon motion of any party or in his or her own
discretion, render the initial decision from the bench (orally) at the
20.808 Written Testimony. close of the hearing and prepare and serve a written order on the
The ALJ may enter into the record the written testimony of a parties or their authorized representatives. In rendering his or her
witness. The witness shall be, or have been, available for oral decision from the bench, the ALJ shall state the issues in the case
cross-examination. The statement must be sworn to, or affirmed, and make clear, on the record, his or her findings of fact and
under penalty of perjury. conclusions of law.

20.809 Stipulations. (d) If the ALJ renders the initial decision orally, and if a party asks
Any party or interested person may stipulate, in writing, at any for a copy, the Hearing Docket Clerk shall furnish a copy
stage of the proceeding, or orally at the hearing, to any pertinent excerpted from the transcript of the record. The date of the
fact or other matter fairly susceptible of stipulation. A stipulation decision is the date of the oral rendering of the decision by the
binds all parties to it. ALJ.

Subpart I Decisions 20.903 Records Of Proceedings.


(a) The transcript of testimony at the hearing, all exhibits received
20.901 Summary Decisions. into evidence, any items marked as exhibits and not received into
(a) Any party may move for a summary decision in all or any part evidence, all motions, all applications, all requests, and all rulings
of the proceeding on the grounds that there is no genuine issue of constitute the official record of a proceeding. This record also
material fact and that the party is entitled to a decision as a matter includes any motions or other matters regarding the

28
disqualification of the ALJ. discipline and safety at sea.

(b) Any person may examine the record of a proceeding at the (2) Any party who does not respond to any petition to reopen the
U.S. Coast Guard Administrative Law Judge Docketing Center; record waives any objection to the motion.
Room 412; 40 S. Gay Street; Baltimore, MD 21201-4022. Any
person may obtain a copy of part or all of the record after Subpart J Appeals
payment of reasonable costs for duplicating it in accordance with
49 CFR part 7. 20.1001 General.
(a) Any party may appeal the ALJ' s decision by filing a notice of
20.904 Reopening. appeal. The party shall file the notice with the U. S. Coast Guard
(a) To the extent permitted by law, the ALJ may, for good cause Administrative Law Judge Docketing Center; Attention: Hearing
shown in accordance with paragraph (c) of this section, reopen Docket Clerk; Room 412; 40 S. Gay Street; Baltimore, MD 21201-
the record of a proceeding to take added evidence. 4022. The party shall file the notice 30 days or less after issuance
of the decision, and shall serve a copy of it on the other party and
(b) Any party may move to reopen the record of a proceeding 30 each interested person.
days or less after the closing of the record.
(b) No party may appeal except on the following issues:
(1) Each motion to reopen the record must clearly set forth the
facts that the movant would try to prove and the grounds for (1) Whether each finding of fact is supported by substantial
reopening the record. evidence.

(2) Any party who does not respond to any motion to reopen the (2) Whether each conclusion of law accords with applicable law,
record waives any objection to the motion. precedent, and public policy.

(c) The ALJ may reopen the record of a proceeding if he or she (3) Whether the ALJ abused his or her discretion.
believes that any change in fact or law, or that the public interest,
warrants reopening it. (4) The ALJ's denial of a motion for disqualification.

(d) The filing of a motion to reopen the record of a proceeding (c) No interested person may appeal a summary decision except
does not affect any period for appeals specified in subpart J of on the issue that no hearing was held or that in the issuance of
this part, except that the filing of such a motion tolls the running of the decision the ALJ did not consider evidence that that person
whatever time remains in the period for appeals until either the would have presented.
ALJ acts on the motion or the party filing it withdraws it.
(d) The appeal must follow the procedural requirements of this
(e) subpart.

(1) At any time, a party may file a petition to reopen with the 20.1002 Records On Appeal.
Docketing Center for the ALJ to rescind any order suspending or (a) The record of the proceeding constitutes the record for
revoking a merchant mariner's license, certificate of registry decision on appeal.
document, credential, or endorsement if-
(b) If the respondent requests a copy of the transcript of the
(1)(i) The order rests on a conviction- hearing as part of the record of proceeding, then,-

(1)(i)(A) For violation of a dangerous-drug law; (1) If the hearing was recorded at Federal expense, the Coast
Guard will provide the transcript on payment of the fees
(1)(i)(B) Of an offense that would prevent the issuance or renewal prescribed in 49 CFR 7.45; but,
of the license, certificate, document , credential, or endorsement;
or (2) If the hearing was recorded by a Federal contractor, the
contractor will provide the transcript on the terms prescribed in 49
(1)(i)(C) Of an offense described in subparagraph 205(a)(3)(A) or CFR 7.45.
(B) of the National Driver Register Act of 1982 (23 U.S.C. 401,
note); and 20.1003 Procedures For Appeal.
(a) Each party appealing the ALJ's decision or ruling shall file an
(1)(ii) The respondent submits a specific order of court to the appellate brief with the Commandant at the following address:
effect that the conviction has been unconditionally set aside for all U.S. Coast Guard Administrative Law Judge Docketing Center;
purposes. Attention: Hearing Docket Clerk; Room 412; 40 S. Gay Street;
Baltimore, MD 21201-4022, and shall serve a copy of the brief on
(2) The ALJ, however, may not rescind his or her order on every other party.
account of any law that provides for a subsequent conditional
setting-aside, modification, or expunging of the order of court, by (1) The appellate brief must set forth the appellant's specific
way of granting clemency or other relief after the conviction has objections to the decision or ruling. The brief must set forth, in
become final, without regard to whether punishment was imposed. detail, the-

(f) Three years or less after an S&R proceeding has resulted in (1)(i) Basis for the appeal;
revocation of a credential, endorsement, license, certificate, or
document, the respondent may file a motion for reopening of the (1)(ii) Reasons supporting the appeal; and
proceeding to modify the order of revocation with the ALJ
Docketing Center. (1)(iii) Relief requested in the appeal.

(1) Any motion to reopen the record must clearly state why the (2) When the appellant relies on material contained in the record,
basis for the order of revocation is no longer valid and how the the appellate brief must specifically refer to the pertinent parts of
issuance of a new merchant mariner credential with appropriate the record.
endorsement is compatible with the requirement of good
(3) The appellate brief must reach the Docketing Center 60 days

29
or less after service of the ALJ's decision. Unless filed within this he or she shall provide to the interested person, and publish in the
time, or within another time period authorized in writing by the FEDERAL REGISTER, notice of and the reasons for the denial.
Docketing Center, the brief will be untimely.
20.1103 Availability Of Decisions.
(b) Any party may file a reply brief with the Docketing Center 35 (a)(1) Copies and indexes of decisions on appeal are available for
days or less after service of the appellate brief. Each such party inspection and copying at
shall serve a copy on every other party. If the party filing the reply
brief relies on evidence contained in the record for the appeal, (i) The document inspection facility at the office of any Coast
that brief must specifically refer to the pertinent parts of the record. Guard District, Activity, or Sector Office;

(c) No party may file more than one appellate brief or reply brief, (ii) The public reading room at Coast Guard Headquarters; and
unless-
(iii) The public reading room of the Coast Guard ALJ Docketing
(1) The party has petitioned the Commandant in writing; and Center; Baltimore, Maryland.

(2) The Commandant has granted leave to file an added brief, in (2) Appellate decisions in S&R proceedings, and both appellate
which event the Commandant will allow a reasonable time for the and ALJs' decisions on class II civil penalties, are available on the
party to file that brief. Department of Transportation Home Page at www.dot.gov or the
Coast Guard Home Page at www.uscg.mil.
(d) The Commandant may accept an amicus curiae brief from any
person in an appeal of an ALJ's decision. (b) Any person wanting a copy of a decision may place a request
with the Hearing Docket Clerk. The Clerk will bill the person on
20.1004 Decisions On Appeal. the terms prescribed in 49 CFR 7.43.
(a) The Commandant shall review the record on appeal to
determine whether the ALJ committed error in the proceedings, [CGD98-3472, 64 FR 28062, May 24, 1999, as amended by
and whether the Commandant should affirm, modify, or reverse USCG-2006-25556, 72 FR 36327, July 2, 2007]
the ALJ's decision or should remand the case for further
proceedings. Subpart L Expedited Hearings
(b) The Commandant shall issue a decision on every appeal in 20.1201 Application.
writing and shall serve a copy of the decision on each party and (a) This subpart applies whenever the Coast Guard suspends a
interested person. mariner's credential without a hearing under 46 U.S.C. 7702(d).

Subpart K Finality, Petitions for Hearing, and (b) The Coast Guard may, for 45 days or less, suspend and seize
a merchant mariner credential, license, certificate, or document if,
Availability of Orders when acting under the authority of the license, certificate, or
20.1101 Finality. document,
(a) Civil penalty proceedings.
(1) A mariner performs a safety-sensitive function on a vessel;
(1) Unless appealed pursuant to subpart J of this part, an ALJ's and
decision becomes an order assessing or denying a class II civil
penalty 30 days after the date of its issuance. (2) There is probable cause to believe that he or she

(2) If the Commandant issues a decision under Subpart J of this (i) Has performed the safety-sensitive function in violation of law
part, the decision constitutes an order of the Commandant or Federal regulation regarding use of alcohol or a dangerous
assessing or denying a class II civil penalty on the date of drug;
issuance of the Commandant's decisions.
(ii) Has been convicted of an offense that would prevent the
(b) S&R Proceedings. issuance or renewal of the merchant mariner credential, license,
certificate, or document; or,
(1) Unless appealed pursuant to subpart J of this part, an ALJ's
decision becomes final action of the Coast Guard 30 days after (iii) Three years or less before the start of an S&R proceeding,
the date of its issuance. has been convicted of an offense described in subparagraph
205(a)(3)(A) or (B) of the National Driver Register Act of 1982 (23
(2) If the Commandant issues a decision under Subpart J of this U.S.C. 401, note).
part, the decision constitutes final action of the Coast Guard on
the date of its issuance. [CGD 98-3472, 64 FR 28062, May 24, 1999, as amended at,
USCG-2006-24371, 74 FR 11211, Mar. 16, 2009]
20.1102 Petitions To Set Aside Decisions And Provide
Hearings For Civil Penalty Proceedings. 20.1202 Filing Of Pleadings.
(a) If no hearing takes place on a complaint for a class II civil (a) Complaint. If the Coast Guard has temporarily suspended a
penalty, any interested person may file a petition, 30 days or less merchant mariner's credential, license, certificate of registry, or
after the issuance of an order assessing or denying a civil penalty, document, it shall immediately file a complaint under 20.307.
asking the Commandant to set aside the order and to provide a The complaint must contain both a copy of a notice of temporary
hearing. suspension and an affidavit stating the authority and reason for
temporary suspension.
(b) If the Commandant decides that evidence presented by an
interested person in support of a petition under paragraph (a) of (b) Answer. In a case under this subpart
this section is material and that the ALJ did not consider the
evidence in the issuance of the decision, the Commandant shall (1) 20.308 does not govern answers, and
set aside the decision and direct that a hearing take place in
accordance with the requirements of this part. (2) The respondent shall therefore enter his or her answer at the
pre-hearing conference.
(c) If the Commandant denies a hearing sought under this section,

30
[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended at, (1) The holding of the hearing 30 days or less after the temporary
USCG-2006-24371, 74 FR 11211, Mar. 16, 2009] suspension or

20.1203 Commencement Of Expedited Hearings. Upon (2) The closing of the record early enough for the issuance of an
receipt of a complaint with a copy of the notice of temporary initial decision 45 days or less after the temporary suspension.
suspension and the affidavit supporting the complaint, the Chief
ALJ will immediately assign an ALJ and designate the case for (f) Times. The ALJ may shorten the time for any act required or
expedited hearing. permitted under this subpart to enable him or her to issue an
initial decision 45 days or less after the temporary suspension.
20.1205 Motion For Return Of Temporarily Suspended
Merchant Mariner Credential, License, Certificate Of Registry, 20.1208 Expedited Hearings.
Or Document. (a) Procedures. As soon as practicable after the close of the pre-
(a) Procedure. At any time during the expedited hearing, the hearing conference, the ALJ shall hold a hearing, under subpart G
respondent may move that his or her merchant mariner credential, of this part, on any issue that remains in dispute.
license, certificate of registry, or document be returned on the
grounds that the agency lacked probable cause for temporary (b) Oral and written argument.
suspension. The motion must be in writing and explain why the
agency lacked probable cause. (1) Each party may present oral argument at the close of the
hearing or present-
(b) Ruling. If the ALJ grants the motion, the ALJ may issue such
orders as are necessary for the return of the suspended (1)(i) Proposed findings of fact and conclusions of law; and
credential, license, certificate, or document and for the matter to
continue in an orderly way under standard procedure. (1)(ii) Post-hearing briefs, under 20.710.

[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended at, (2) The ALJ shall issue a schedule, such as will enable him or her
USCG-2006-24371, 74 FR 11211, Mar. 16, 2009] to consider the findings and briefs without delaying the issuance
of the decision.
20.1206 Discontinuance Of Expedited Hearings.
(a) Procedure. At any time during the expedited hearing, the (c) ALJ's decision. The ALJ may issue his or her decision as an
respondent may move that the hearing discontinue and that the oral decision from the bench. Alternatively, he or she may issue a
matter continue under standard procedure. A motion to written decision. He or she shall issue the decision 45 days or
discontinue must be in writing and explain why the case is less after the temporary suspension.
inappropriate for expedited hearing.
20.1209 Appeals Of ALJs' Decisions.
(b) Ruling. If the ALJ grants the motion to discontinue, the ALJ Any party may appeal the ALJ's decision as provided in subpart J.
may issue such orders as are necessary for the matter to
continue in an orderly way under standard procedure. Subpart M Supplementary Evidentiary Rules
for Suspension and Revocation Hearings
20.1207 Pre-Hearing Conferences.
(a) When held. As early as practicable, the ALJ shall order and 20.1301 Purpose.
conduct a pre-hearing conference. He or she may order the This subpart contains evidentiary rules that apply only in certain
holding of the conference in person, or by telephonic or electronic circumstances in S&R proceedings. They supplement, not
means. supplant, the evidentiary rules in subpart H.

(b) Answer. The respondent shall enter his or her answer at the 20.1303 Authentication And Certification Of Extracts From
pre-hearing conference. If the answer is an admission, the ALJ Shipping Articles, Logbooks, And The Like.
shall either issue an appropriate order or schedule a hearing on (a) The investigating officer, the Coast Guard representative, any
the order. other commissioned officer of the Coast Guard, or any official
custodian of extracts from shipping articles, logbooks, or records
(c) Content. in the custody of the Coast Guard may authenticate and certify
the extracts.
(1) At the pre-hearing conference, the parties shall:
(b) Authentication and certification must include a statement that
(1)(i) Identify and simplify the issues in dispute and prepare an the person acting has seen the original, compared the copy with it,
agreed statement of issues, facts, and defenses. and found the copy to be a true one. This person shall sign his or
her name and identify himself or herself by rank or title and by
(1)(ii) Establish a simplified procedure appropriate to the matter. duty station.

(1)(iii) Fix a time and place for the hearing 30 days or less after 20.1305 Admissibility And Weight Of Entries From
the temporary suspension. Logbooks.
(a) Any entry in any official logbook of a vessel concerning an
(1)(iv) Discuss witnesses and exhibits. offense enumerated in 46 U.S.C. 11501, made in substantial
compliance with the procedural requirements of 46 U.S.C. 11502,
(2) The ALJ shall issue an order directing the exchange of witness is admissible in evidence and constitutes prima facie evidence of
lists and documents. the facts recited.

(d) Order. Before the close of the pre-hearing conference, the (b) Any entry in any such logbook made in substantial compliance
ALJ shall issue an order setting forth any agreements reached by with the procedural requirements of 46 U.S.C. 11502 may receive
the parties. The order must specify the issues for the parties to added weight from the ALJ.
address at the hearing.
20.1307 Use Of Judgments Of Conviction.
(e) Procedures not to cause delay. Neither any filing of (a) A judgment of conviction by a Federal court is conclusive in
pleadings or motions, nor any conduct of discovery, may interfere any S&R proceeding under this part concerning any act or offense
with- described in 46 U.S.C. 7703 or 7704 when the act or offense is

31
the same as in the Federal conviction. terms prescribed by 20.1307.

(b) Except as provided in paragraph (c) of this section, no 20.1311 Admissions By Respondent.
judgment of conviction by a State court is conclusive in any S&R No person may testify regarding admissions made by the
proceeding under this part concerning any act or offense respondent during an investigation under 46 CFR part 4, except
described in 46 U.S.C. 7703 or 7704, even when an act or to impeach the credibility of evidence offered by the respondent.
offense forming the basis of the charge in the proceeding is the
same as in the State conviction. But the judgment is admissible in 20.1313 Medical Examination Of Respondents.
evidence and constitutes substantial evidence adverse to the In any proceeding in which the physical or mental condition of the
respondent. respondent is relevant, the ALJ may order him or her to undergo a
medical examination. Any examination ordered by the ALJ is
(c) A judgment of conviction by a Federal or State court for a conducted, at Federal expense, by a physician designated by the
violation is conclusive in the proceeding if an S&R proceeding ALJ. If the respondent fails or refuses to undergo any such
alleges conviction for examination, the failure or refusal receives due weight and may
be sufficient for the ALJ to infer that the results would have been
(1) A violation of a dangerous-drug law; adverse to the respondent.

(2) An offense that would prevent the issuance or renewal of a 20.1315 Submission Of Prior Records And Evidence In
merchant mariner's license, merchant mariner credential, Aggravation Or Mitigation.
certificate of registry, or document; or (a) The prior disciplinary record of the respondent comprises the
following items less than 10 years old:
(3) An offense described in subparagraph 205(a)(3)(A) or (B) of
the National Driver Register Act of 1982 (23 U.S.C.S. 401, note). (1) Any written warning issued by the Coast Guard and not
contested by the respondent.
(d) If the respondent participates in the scheme of a State for the
expungement of convictions, and if he or she pleads guilty or no (2) Final agency action by the Coast Guard on any S&R
contest or, by order of the trial court, has to attend classes, proceeding in which a sanction or consent order was entered.
contribute time or money, receive treatment, submit to any
manner of probation or supervision, or forgo appeal of the finding (3) Any agreement for voluntary surrender entered into by the
of the trial court, the Coast Guard regards him or her, for the respondent.
purposes of 46 U.S.C. 7703 or 7704, as having received a
conviction. The Coast Guard does not consider the conviction (4) Any final judgment of conviction in Federal or State courts.
expunged without proof that the expungement is due to the
conviction's having been in error. (5) Final agency action by the Coast Guard resulting in the
imposition against the respondent of any civil penalty or warning
(e) No respondent may challenge the jurisdiction of a Federal or in a proceeding administered by the Coast Guard under this title.
State court in any proceeding under 46 U.S.C. 7703 or 7704.
(6) Any official commendatory information concerning the
[CGD 98-3472, 64 FR 28062, May 24, 1999, as amended at, respondent of which the Coast Guard representative is aware.
USCG-2006-24371, 74 FR 11211, Mar. 16, 2009] The Coast Guard representative may offer evidence and
argument in aggravation of any charge proved. The respondent
20.1309 Admissibility Of Respondents' Criminal Records may offer evidence of, and argument on, prior maritime service,
And Records With The Coast Guard Before Entry Of Findings including both the record introduced by the Coast Guard
And Conclusions. representative and any commendatory evidence.
(a) The prior disciplinary record of the respondent is admissible
when offered by him or her. (b) The respondent may offer evidence and argument in
mitigation of any charge proved.
(b) The prior disciplinary record of the respondent is admissible
when offered by the Coast Guard representative to impeach the (c) The Coast Guard representative may offer evidence and
credibility of evidence offered by the respondent. argument in rebuttal of any evidence and argument offered by the
respondent in mitigation.
(c) The use of a judgment of conviction is permissible on the

32
Part 25-Claims
Table of Contents obtain information and assistance from the Coast Guard Legal
Service Command, Claims Division (LSC-5), located at 300 East
Main Street, Suite 400, Norfolk, VA 23510-9100, or from
Subpart AGeneral Commandant (CG-0945), Attn: Office of Claims and Litigation,
Sec. U.S. Coast Guard Stop 7213, 2703 Martin Luther King Jr. Avenue
25.101 Purpose. SE., Washington, DC 20593-7213, or from the Commander of any
25.103 Information And Assistance. Coast Guard District listed in 33 CFR Part 3.
25.105 Definitions.
25.107 Who May Present Claims. [CGD 87-008b, 52 FR 25217, July 6, 1987, as amended by CGD
25.109 Insurance And Other Subrogated Claims. 97-023, 62 FR 33362, June 19, 1997; USCG-2001-9286, 66 FR
25.111 Action By Claimant. 33639, June 25, 2001; USCG-2010-0351, 75 FR 36278, June 25,
25.113 Contents Of Claim. 2010; USCG-2014-0410, 79 FR 38428, July 7, 2014]
25.115 Evidence Supporting A Claim.
25.117 Proof Of Amount Claimed For Personal Injury Or Death. 25.105 Definitions.
25.119 Proof Of Amount Claimed For Loss Of, Or Damage To, Accrual date. The day on which the alleged wrongful act or
Property. omission results in injury or damage for which a claim is made or
25.121 Effect Of Other Payments To Claimant. when the claimant discovers, or in the exercise of reasonable
25.123 Settlement And Notice To Claimant. diligence should have discovered, the alleged wrongful act or
25.125 Appeal. omission.
25.127 Reconsideration.
25.129 Acceptance Of Offer Of Settlement. Claim. A written notification of an incident accompanied by
25.131 Delegation Of Authority. demand for the payment of a sum certain of money, other than for
25.133 Redelegation Of Authority. ordinary obligations incurred for services, supplies, or equipment.
25.135 Processing And Settlement Of Claims In Foreign
Countries. Settle. To consider, ascertain, adjust, determine, compromise
(when specifically authorized by law), and dispose of a claim by
Subpart B-Admiralty Claims disapproval or approval, in whole or in part.

25.201 Scope. Settlement authority. A person authorized to settle a claim.


25.203 Claims Payable.
25.205 Claims Not Payable. [CGD 80-033, 46 FR 27109, May 18, 1981; 46 FR 29933, June 4,
25.207 Time Limitation On Claims. 1981]

Subpart E-Foreign Claims 25.107 Who May Present Claims.


(a) General rules:
25.501 Scope.
25.503 Proper Claimants. (1) A claim for property loss or damage may be presented by
25.505 Claimants Excluded. anyone having an interest in the property, including an insurer or
25.507 Claims Payable. other subrogee, unless the interest is barred under 25.109(a).
25.509 Claims Not Payable.
25.511 Time Limitation On Claims. (2) A claim for personal injury may be presented by the person
25.513 Amount Claimed. injured.
25.515 Settlement And Notice To Claimant.
(3) A claim based on death may be presented by the executor or
Subpart H-Pollution Removal Damage Claims administrator of the decedent's estate, or any other person legally
entitled to assert such a claim under local law. The claimant's
25.801 Scope.
status must be stated in the claim.
25.803 Claims Payable.
25.805 Claims Not Payable.
(4) A claim for medical, hospital, or burial expenses may be
presented by any person who by reason of family relationship has,
Authority: 14 U.S.C. 633; 49 CFR 1.45(a); 49 CFR 1.45(b); 49
in fact, incurred the expenses.
CFR 1.46(b), unless otherwise noted.
(b) A joint claim must be presented in the names of and signed by,
Source: CGD 80-033, 46 FR 27109, May 18, 1981, unless
the joint claimants, and the settlement must be made payable to
otherwise noted.
the joint claimants.

(c) A claim may be presented by a duly authorized agent, legal


Subpart A-General representative or survivor, if it is presented in the name of the
25.101 Purpose. claimant. If the claim is not signed by the claimant, the agent,
This subpart prescribes the requirements for the administrative legal representative, or survivor shall indicate their title or legal
settlement of claims against the United States, other than claims capacity and provide evidence of their authority to present the
against the Oil Spill Liability Trust Fund under part 136 of this claim.
chapter and contract claims, but including claims arising from acts
or omissions of employees of non-appropriated fund activities (d) Where the same claimant has a claim for damage to or loss of
within the United States, its territories, and possessions. property and a claim for personal injury or a claim based on death
arising out of the same incident, they must be combined in one
[66 FR 33637, June 25, 2001] claim.

25.103 Information And Assistance. 25.109 Insurance And Other Subrogated Claims.
Any person who desires to file a claim against the United States (a) The claims of an insured (subrogor) and an insurer (subrogee)
Coast Guard arising out of the activities of the Coast Guard may for damages arising out of the same incident constitute a single

33
claim. The total award of combined claims may not exceed the 38428, July 7, 2014]
monetary jurisdiction of the settlement authority. If the total award
of the combined claims exceeds, or is expected to exceed, a 25.113 Contents Of Claim.
settlement authority's limits, the settlement authority is not (a) A claim under the Federal Tort Claims Act must be presented
permitted to consider either, and the claim file will be forwarded to using Standard Form 95, Claim for Damage, Injury, or Death.
an appropriate settlement authority.
(b) A claim under any other Act may be presented using Standard
(b) An insured (subrogor) and an insurer (subrogee) may file a Form 95. Any claim which is not presented using Standard Form
claim jointly or separately. If the insurer has fully reimbursed the 95 shall include:
insured, payment will only be made to the insurer. If separate
claims are filed, the settlement will be made payable to each (1) The identity of the department, agency, or activity whose act
claimant to the extent of that claimant's undisputed interest. If joint or omission gave rise to the claim;
claims are filed, the settlement will be sent to the insurer.
(2) The full name and mailing address of the claimant. If this
(c) Each claimant shall include with a claim, a written disclosure mailing address is not claimant's residence, the claimant shall
concerning insurance coverage including: also include residence address;

(1) The names and addresses of all insurers; (3) The date, time, and place of the incident giving rise to the
claim;
(2) The kind and amount of insurance;
(4) The amount claimed, supported by independent evidence of
(3) The policy number; property damage or loss, personal injury, or death, as applicable;

(4) Whether a claim has been or will be presented to an insurer, (5) A detailed description of the incident giving rise to the claim;
and, if so, the amount of that claim; and whether the insurer has
paid the claim in whole or in part, or has indicated payment will be (6) A description of any property damage or loss, including the
made. identity of the owner, if other than the claimant, as applicable;

(d) Each subrogee shall substantiate an interest or right to file a (7) The nature and extent of the injury, as applicable;
claim by appropriate documentary evidence and shall support the
claim as to liability and measure of damages in the same manner (8) The full name, title, if any, and address of any witness to the
as required of any other claimant. Documentary evidence of incident and a brief statement of the witness' knowledge of the
payment to a subrogor does not constitute evidence of liability of incident;
the United States or conclusive evidence of the amount of
damages. The settlement authority makes an independent (9) A description of any insurance carried by the claimant or
determination on the issues of fact and law based upon the owner of the property and the status of any insurance claim
evidence of record. arising from the incident; and

(e) An insurance or other subrogated claim is not payable under (10) An agreement by the claimant to accept the total amount
Subpart E, F, or G of this part. claimed in full satisfaction and final settlement of the claim.

25.111 Action By Claimant. (c) A claimant or duly authorized agent or legal representative
(a) Form of claim. The claim must meet the requirements of must sign in ink a claim and any amendment to that claim. If the
25.113. Authorized forms are available from the offices indicated person's signature does not include the first name, middle initial, if
in 25.103. any, and surname, that information must be included in the claim.
A married woman must sign her claim in her given name, e.g.,
(b) Presentation. Whenever possible, the claim must be "Mary A. Doe," rather than "Mrs. John Doe."
presented to the Coast Guard Legal Service Command, Claims
Division (LSC-5), located at 300 East Main Street, Suite 400, 25.115 Evidence Supporting A Claim.
Norfolk, VA 23510-9100. If that is not possible, the claim may also The claimant shall present independent evidence to support a
be presented to: claim. This evidence may include, if available, statements of
witnesses, accident or casualty reports, photographs and
(1) The commanding officer of the Coast Guard unit involved; drawings.

(2) A Coast Guard unit convenient to the claimant; or 25.117 Proof Of Amount Claimed For Personal Injury Or
Death.
(3) Commandant (CG-0945), Attn: Office of Claims and Litigation, The following evidence must be presented when appropriate:
U.S. Coast Guard Stop 7213, 2703 Martin Luther King Jr. Avenue
SE., Washington, DC 20593-7213. (a) Itemized medical, hospital, and burial bills.

Note to paragraph (b): In a foreign country, where there is no (b) A written report by the attending physician including:
Coast Guard unit, the claim is considered presented to the Coast
Guard if it is presented to the military attache of any United States (1) The nature and extent of the injury and the treatment,
embassy or consulate or to the commanding officer of any unit of
the armed services of the United States. (2) The necessity and reasonableness of the various medical
expenses incurred,
(c) Time. The time limits for presenting claims are contained in
the following subparts addressing particular claim statutes. (3) Duration of time injuries prevented or limited employment,

[CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD (4) Past, present, and future limitations on employment,
87-008b, 52 FR 25217, July 6, 1987; CGD 97-023, 62 FR 33362,
June 19, 1997; USCG-2001-9286, 66 FR 33639, June 25, 2001; (5) Duration and extent of pain and suffering and of any disability
USCG-2009-0416, 74 FR 27437, June 10, 2009; USCG-2010- or physical disfigurement,
0351, 75 FR 36278, June 25, 2010; USCG-2014-0410, 79 FR

34
(6) A current prognosis, economically repaired or used, it shall be treated as a lost item.

(7) Any anticipated medical expenses, and (e) If a claim includes loss of earnings or use during repairs to the
damaged property, the following must also be furnished and
(8) Any past medical history of the claimant relevant to the supported by competent evidence:
particular injury alleged.
(1) The date the property was damaged;
NOTE: An examination by an independent medical facility or
physician may be required to provide independent medical (2) The name and location of the repair facility;
evidence against which to evaluate the written report of the
claimant's physician. The settlement authority determines the (3) The beginning and ending dates of repairs and an explanation
need for this examination, makes mutually convenient of any delay between the date of damage and the beginning date;
arrangements for such an examination, and bears the costs
thereof. (4) A complete description of all repairs performed, segregating
any work performed for the owner's account and not attributable
(c) All hospital records or other medical documents from either to the incident involved, and the costs thereof;
this injury or any relevant past injury.
(5) The date and place the property was returned to service after
(d) If the claimant is employed, a written statement by the completion of repairs, and an explanation, if applicable, of any
claimant's employer certifying the claimant's: delay;

(1) Age, (6) Whether or not a substitute for the damaged property was
available. If a substitute was used by the claimant during the time
(2) Occupation, of repair, an explanation of the necessity of using the substitute,
how it was used, and for how long, and the costs involved. Any
(3) Hours of employment, costs incurred that would have been similarly incurred by the
claimant in using the damaged property must be identified;
(4) Hourly rate of pay or weekly salary,
(7) Whether or not during the course of undergoing repairs the
(5) Time lost from work as a result of the incident, and property would have been used, and an explanation submitted
showing the identity of the person who offered that use, the terms
(6) Claimant's actual period of employment, full-time or part-time, of the offer, time of prospective service, and rate of compensation;
and any effect of the injury upon such employment to support and
claims for lost earnings.
(8) If at the time of damage the property was under charter or hire,
(e) If the claimant is self-employed, written statements, or other or was otherwise employed, or would have been employed, the
evidence showing: claimant shall submit a statement of operating expenses that
were, or would have been, incurred. This statement shall include
(1) The amount of earnings actually lost, and wages and all bonuses which would have been paid, the value of
fuel and the value of consumable stores, separately stated, which
(2) The Federal tax return if filed for the three previous years. would have been consumed, and all other costs of operation
which would have been incurred including, but not limited to,
(f) If the claim arises out of injuries to a person providing services license and parking fees, personnel expenses, harbor fees,
to the claimant, statement of the cost necessarily incurred to harfage, dockage, shedding, stevedoring, towage, pilotage,
replace the services to which claimant is entitled under law. inspection, tolls, lockage, anchorage and moorage, grain
elevation, storage, and customs fees.
25.119 Proof Of Amount Claimed For Loss Of, Or Damage
To, Property. (f) For each item which is lost, actual or constructive, proof of
The following evidence must be presented when appropriate: ownership.

(a) For each particular lost item, evidence of its value such as a 25.121 Effect Of Other Payments To Claimant.
bill of sale and a written appraisal, or two written appraisals, from The total amount to which the claimant may be entitled is normally
separate disinterested dealers or brokers, market quotations, computed as follows:
commercial catalogs, or other evidence of the price at which like
property can be obtained in the community. The settlement (a) The total amount of the loss, damage, or personal injury
authority may waive these requirements when circumstances suffered for which the United States is liable, less any payment
warrant. The cost of any appraisal may be included as an element the claimant has received from the following sources:
of damage if not deductible from any bill submitted to claimant.
(1) The military member or civilian employee who caused the
(b) For each particular damaged item which can be economically incident;
repaired, evidence of cost of repairs such as a receipted bill and
one estimate, or two estimates, from separate disinterested (2) The military member's or civilian employee's insurer; and
repairmen. The settlement authority may waive these
requirements when circumstances warrant. The cost of any (3) Any joint tort-feasor or insurer.
estimate may be included as an element of damage if not
deductible from any repair bill submitted to claimant. (b) No deduction is generally made for any payment the claimant
has received by way of voluntary contributions, such as donations
(c) For any claim which may result in payment in excess of of charitable organizations.
$20,000.00, a survey or appraisal shall be performed as soon as
practicable after the damage accrues, and, unless waived in 25.123 Settlement And Notice To Claimant.
writing, shall be performed jointly with a government (a) If the settlement authority determines that the full amount
representative. claimed should be paid, the settlement authority forwards the
claim to the disbursing officer for payment. If the time involved in
(d) If the item is so severely damaged that it cannot be settling the claim has been extensive, the settlement authority

35
notifies the claimant. meritorious claims arising under International Agreements in
accordance with Title 10 U.S.C. 2734a and 2734b;
(b) If the settlement authority determines that less than the full
amount claimed should be paid, the settlement authority: (4) To carry out the functions of the Secretary under the Act of
October 9, 1962, as amended (10 U.S.C. 2737);
(1) Notifies the claimant in writing of the proposed settlement.
(5) To carry out the functions of the Secretary under the Act of
(2) Obtains from the claimant written acceptance and release for August 16, 1937, as amended (14 U.S.C. 642);
payment of the claim in the reduced amount.
(6) To carry out the functions of the Secretary under the Act of
(3) Advises the claimant, in the event claimant does not desire to June 15, 1936, as amended (14 U.S.C. 646);
accept the offer, to reply within 45 days giving reasons for
rejection. (7) To carry out the functions of the Secretary under the Act of
August 4, 1949, as amended (14 U.S.C. 647);
(4) Except upon a showing of good cause for delay in accepting a
proposed settlement within 45 days, treats the non-acceptance as (8) To carry out the functions of the Secretary under the Act of
a rejection. Rejection by a claimant of an offer of settlement February 19, 1941, as amended (14 U.S.C. 830);
renders the offer void.
(9) To carry out the functions of the head of a Federal agency's
(5) If a claimant rejects a proposed settlement or fails to reply designee under the Federal Tort Claims Act, as amended (28
within 45 days, the settlement authority may make further efforts U.S.C. 2672);
to settle the claim. When the settlement authority determines that
further efforts to settle the claim are not warranted, the settlement (10) To carry out the functions of the head of an agency under the
authority notifies the claimant in writing by registered or certified Military Personnel and Civilian Employees' Claims Act, as
mail, return receipt requested, that the claim has been denied amended (31 U.S.C. 3721);
because the amount claimed is excessive.
(11) To carry out the functions of the head of an agency under the
(c) If the claim is denied, the settlement authority notifies the Federal Claims Collection Act of 1966, as amended (31 U.S.C.
claimant in writing by registered or certified mail, return receipt 3711);
requested.
(12) To carry out the functions of the head of the department
25.125 Appeal. under the Federal Medical Care Recovery Act (42 U.S.C. 2651-
The final denial of a claim by a settlement authority or a partial 2653);
approval by a settlement authority is not subject to appeal except
under the procedures prescribed for Military Claims in Subpart D (13) To review and approve for payment any voucher for payment
of this part. of a claim for $25 or less the authority for payment of which is
questioned by a certifying or disbursing officer;
25.127 Reconsideration.
(a) The settlement authority may reconsider a claim upon the (14) To establish procedures consistent with the applicable
authority's own initiative or upon request of the claimant or statutes and regulations for the administration of all claims.
someone acting on the claimant's behalf.
NOTE: Under the Military Claims Act (10 U.S.C. 2733), the
(b) A request for reconsideration must be in writing and include Secretary has authorized the Chief Counsel to settle and pay
the legal or factual grounds for the relief requested. claims, see 49 CFR 1.46(j).

(c) Following any investigation or other action deemed necessary (b) The Director of Finance and Procurement is delegated the
for reconsideration of the original action, the settlement authority authority to carry out the functions of the head of an agency under
reconsiders the claim and if warranted attempts to settle it. When the Federal Claims Collection Act of 1966, as amended (31 U.S.C.
further settlement efforts appear unwarranted, the settlement 3711).
authority notifies the claimant in writing by certified or registered
mail, return receipt requested, that the relief requested is denied. [CGD 80-033, 46 FR 27109, May 18, 1981, as amended by CGD
82-112, 48 FR 4773, Feb. 3, 1983; 66 FR 33637, June 25, 2001]
(d) For the effect of reconsideration under the Federal Tort Claims
Act see 28 CFR Part 14. 25.133 Redelegation Of Authority.
The authority delegated in 25.131 and in 49 CFR 1.46(j) to the
25.129 Acceptance Of Offer Of Settlement. Chief Counsel may, unless otherwise limited, be redelegated in
Claimant's acceptance of an offer of settlement is a complete whole or in part to settlement authorities established by the Chief
release of any claim against the United States and against the Counsel. Information concerning current settlement authorities is
military or civilian personnel of the Coast Guard whose act or available from the offices indicated in 25.103.
omission gave rise to the claim.
25.135 Processing And Settlement Of Claims In Foreign
25.131 Delegation Of Authority. Countries.
(a) The Chief Counsel is delegated the following authority: (a) In certain countries, the Department of Defense has assigned
single-service responsibility for the settlement of claims arising
(1) To carry out the functions of the Secretary and to exercise the under the Foreign Claims Act, Military Claims Act, Nonscope of
Commandant's authority as commanding officer for all Coast Employment Claims Act, Federal Medical Care Recovery Act, and
Guard personnel in regard to claims brought under Article 139, Federal Claims Collection Act.
Uniform Code of Military Justice (10 U.S.C. 939);
(b) In a country where single-service claims responsibility has
(2) To carry out the functions of an officer designated by the been assigned, claims against the United States cognizable under
Secretary under the so-called "Foreign Claims Act", as amended the acts referenced in paragraph (a) of this section are processed
(10 U.S.C. 2734); and settled by the service assigned responsibility.

(3) To request that the Department of Defense pay any (c) A list of countries assigned to a single-service is available from

36
the military attach at any United States embassy or consulate. Subpart E-Foreign Claims
(d) In a country not assigned to a single-service, the rules for Authority: 10 U.S.C. 2734; 49 CFR 1.46(b).
presenting claims may be found in 25.111, and the claim will be
settled by the Coast Guard. 25.501 Scope.This subpart prescribes the requirements for the
administrative settlement of claims against the United States by a
Subpart B-Admiralty Claims foreign country, political subdivision or inhabitant thereof, for
death, personal injury, damage to or loss of property occurring
Authority: 14 U.S.C. 646; 14 U.S.C. 633; 49 CFR 1.46(b). outside the United States, its territories, commonwealths, or
possessions, caused by a military member or civilian employee of
25.201 Scope. the Coast Guard, or otherwise incident to noncombat activities of
This subpart prescribes the requirements for the administrative the Coast Guard.
settlement of maritime tort claims against the United States for
death, personal injury, damage to or loss of property caused by a 25.503 Proper Claimants.
vessel or other property in the service of the Coast Guard, or a (a) The claimant, or the decedent in a death case, must have
maritime tort committed by an agent of the Coast Guard, and for been an inhabitant of a foreign country at the time of the incident
claims for towage and salvage services rendered to a Coast giving rise to the claim and must not be otherwise excluded by
Guard vessel or property. 25.505. It is not necessary that a claimant be a citizen of, or
legal domiciliary of the foreign country.
25.203 Claims Payable.
A claim is payable under this subpart if it is: (b) A corporation or other organization doing business in a foreign
country on a permanent basis may qualify as a proper claimant
(a) A claim for death, personal injury, damage to or loss of real or although organized under United States law.
personal property arising from a maritime tort caused by an agent
or employee of the Coast Guard, or a vessel or other property in (c) The government of a foreign country or a political subdivision
the service of the Coast Guard, including an auxiliary facility thereof is a proper claimant unless excluded by waiver provisions
operated under specific orders and acting within the scope of of applicable international agreements.
such orders; or
25.505 Claimants Excluded.
(b) A claim for compensation for towage and salvage services (a) Civilian employees of the United States and members of the
rendered to a vessel in the service of the Coast Guard or to other armed services of the United States and their dependents, who
property under the jurisdiction of the Coast Guard. are in a foreign country primarily because of their own or their
sponsor's duty status.
25.205 Claims Not Payable.
A claim is not payable under this subpart if it: (b) Other citizens of the United States, its territories,
commonwealths, or possessions, unless they can establish their
(a) Results from action by an enemy, or directly or indirectly from status as inhabitants of the foreign country.
an act of the armed services of the United States in combat;
(c) An insurer or other subrogee.
(b) Is purely contractual in nature;
25.507 Claims Payable.
(c) Is for death or personal injury of a United States employee for (a) A claim is payable under this subpart if it was incident to a
whom benefits are provided under the Federal Employees' noncombat activity of the Coast Guard or was caused by:
Compensation Act, or any other system of compensation where
contribution is made or insurance premiums paid directly or (1) A military member of the Coast Guard;
indirectly by the United States on behalf of the injured employee;
(2) A civilian employee of the Coast Guard who is not a national
(d) Is one for which a foreign country is responsible under Article of the country in which the incident occurred; or
VIII of the Agreement Regarding the Status of Forces of Parties to
the North Atlantic Treaty, or other similar treaty agreement; (3) A civilian employee of the Coast Guard who is a national of
the country in which the incident occurred if:
(e) Arises from private or domestic obligations as distinguished
from governmental transactions; or (3)(i) The employee was within the scope of employment, or

(f) Is for damage to or loss of personal property of military (3)(ii) An employer or owner of the property involved would be
personnel or civilian employees which is cognizable under the liable under local law.
Military Personnel and Civilian Employees' Claims Act, as
amended. (b) The fact that the act giving rise to a claim may constitute a
crime does not, by itself, bar relief.
25.207 Time Limitation On Claims.
(a) A settlement authority may administratively settle and approve (c) Local law or custom pertaining to contributory or comparative
a claim for final payment within two years from the date that the negligence, and to joint tort-feasors, are applied to the extent
cause of action accrues. Otherwise, the claim is barred. This two- practicable.
year period is not extended by presenting a claim nor by
negotiations or correspondence. The existence of an 25.509 Claims Not Payable.
administrative claim does not extend the two year statute of A claim is not payable under this subpart if it:
limitations in 46 U.S.C. 745.
(a) Results from action by an enemy or directly or indirectly from
(b) If a complaint is filed in a Federal District Court before the an act of the armed services of the United States in combat;
expiration of the two-year period, an administrative settlement
may be negotiated by the settlement authority only with the (b) Is purely contractual in nature;
consent of the Department of Justice. Payment is made upon final
dismissal of the complaint. (c) Is for death or personal injury of a United States employee for
whom benefits are provided under the Federal Employees'

37
Compensation Act, the Longshoremen's and Harbor Workers' Subpart H-Pollution Removal Damage Claims
Compensation Act, or any other system of compensation where
contribution is made or insurance premiums paid directly or Authority: 33 U.S.C. 1321(j)(1)(A); 33 U.S.C. 1321(1); EO 11735,
indirectly by the United States on behalf of the injured employee; sec. 5(a), (b)(3); 49 CFR 1.46(m).

(d) Is one for which a foreign country is responsible under Article 25.801 Scope.
VIII of the Agreement Regarding the Status of Forces of Parties to This subpart prescribes the requirements for the administrative
the North Atlantic Treaty, or other similar treaty agreement; settlement of claims against the United States for damage to or
loss of property resulting from containment or removal activities
(e) Arises from private or domestic obligations as distinguished during Phase III or IV of the National Contingency Plan, under the
from governmental transactions; Federal Water Pollution Control Act, as amended. 33 U.S.C. 1321.

(f) Is a bastardy claim; or 25.803 Claims Payable.


A claim for damage to or loss of real or personal property is
(g) Involves a patent or copyright infringement. payable under this subpart if:

25.511 Time Limitation On Claims. (a) Caused by the United States, its employees, agents or
A claim may be settled only if presented in writing within two contractors during containment, countermeasures, cleanup,
years after it accrues. Under appropriate circumstances, a claim mitigation, and disposal activities under the National Contingency
presented orally may be considered. Plan; and

25.513 Amount Claimed. (b) In the exercise of care reasonable under the circumstances,
The claimant shall state the amount claimed in the currency of the the incident giving rise to the claim was necessary and the
country where the incident occurred or where the claimant resided damage unavoidable.
at the time of the incident.
25.805 Claims Not Payable.
25.515 Settlement And Notice To Claimant. A claim is not payable under this subpart if it:
If a claim is determined to be meritorious in any amount, a written
acceptance and release or a claim settlement agreement shall be (a) Is for death or personal injury; or
signed by the claimant before payment. The release executed by
the claimant shall release the United States and also release the (b) Arises out of activities to contain or remove a discharge of oil
tort-feasor or the person who occasioned the damage, injury, or or other hazardous polluting substance from a United States or
death. foreign public vessel or federally controlled facility.

38
Part 26-Vessel Bridge-To-Bridge Radiotelephone
Regulations
Table of Contents Vessel Traffic Service Area or VTS Area means the
geographical area encompassing a specific VTS area of service
Sec. as described in Part 161 of this chapter. This area of service may
26.01 Purpose. be subdivided into sectors for the purpose of allocating
26.02 Definitions. responsibility to individual Vessel Traffic Centers or to identify
26.03 Radiotelephone Required. different operating requirements.
26.04 Use Of The Designated Frequency.
26.05 Use Of Radiotelephone. Note:Although regulatory jurisdiction is limited to the navigable
26.06 Maintenance Of Radiotelephone; Failure Of Radio- waters of the United States, certain vessels will be encouraged or
telephone. may be required, as a condition of port entry, to report beyond this
26.07 Communications. area to facilitate traffic management within the VTS area.(Rule 1,
26.08 Exemption Procedures. International Regulations for Preventing Collisions at Sea, 1972
26.09 List Of Exemptions. (as rectified); EO 11964 (14 U.S.C. 2); 49 CFR 1.46(b))

[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by


Authority: 14 U.S.C. 2, 33 U.S.C. 1201-1208; Pub. L. 107-295, CGD 77-118a, 42 FR 35784, July 11, 1977; CGD 90-020, 59 FR
116 Stat. 2064; Department of Homeland Security Delegation No. 36322, July 15, 1994; USCG-2001-9044, 68 FR 42601, July 18,
0170. Rule 1, International Regulations for the Prevention of 2003
Collisions at Sea 26.03 Radiotelephone Required.
(a) Unless an exemption is granted under 26.09 and except as
Source: CGD 71-114R, 37 FR 12720, June 28, 1972, unless provided in paragraph (a)(4) of this section, this part applies to:
otherwise noted. [FR Doc. 03-16191 Filed 6-27-03; 8:45 am]
______________________________________________________________________
(1) Every power-driven vessel of 20 meters or over in length while
26.01 Purpose. navigating;
(a) The purpose of this part is to implement the provisions of the
Vessel Bridge-to-Bridge Radiotelephone Act. This part: (2) Every vessel of 100 gross tons and upward carrying one or
more passengers for hire while navigating;
(1) Requires the use of the vessel bridge-to-bridge radiotelephone;
(3) Every towing vessel of 26 feet or over in length while
(2) Provides the Coast Guard's interpretation of the meaning of navigating; and
important terms in the Act;
(4) Every dredge and floating plant engaged in or near a channel
(3) Prescribes the procedures for applying for an exemption from or fairway in operations likely to restrict or affect navigation of
the Act and the regulations issued under the Act and a listing of other vessels except for an unmanned or intermittently manned
exemptions. floating plant under the control of a dredge.

(b) Nothing in this part relieves any person from the obligation of (b) Every vessel, dredge, or floating plant described in paragraph
complying with the rules of the road and the applicable pilot rules. (a) of this section must have a radiotelephone on board capable
of operation from its navigational bridge, or in the case of a
26.02 Definitions. dredge, from its main control station, and capable of transmitting
For the purpose of this part and interpreting the Act: and receiving on the frequency or frequencies within the 156-162
Mega-Hertz band using the classes of emissions designated by
Act means the Vessel Bridge-to-Bridge Radiotelephone Act, 33 the Federal Communications Commission for the exchange of
U.S.C. sections 1201-1208; navigational information.

Length is measured from end to end over the deck excluding (c) The radiotelephone required by paragraph (b) of this section
sheer; must be carried on board the described vessels, dredges, and
floating plants upon the navigable waters of the United States.
Power-driven vessel means any vessel propelled by machinery;
and (d) The radiotelephone required by paragraph (b) of this section
must be capable of transmitting and receiving on VHF FM
Secretary means the Secretary of the Department in which the channel 22A (157.1 MHz).
Coast Guard is operating;
(e) While transiting any of the following waters, each vessel
Territorial sea means all waters as defined in 2.22(a)(1) of this described in paragraph (a) of this section also must have on
chapter. board a radiotelephone capable of transmitting and receiving on
VHF FM channel 67 (156.375 MHz):
Towing vessel means any commercial vessel engaged in towing
another vessel astern, alongside, or by pushing ahead. (1) The lower Mississippi River from the territorial sea boundary,
and within either the Southwest Pass safety fairway or the South
Vessel Traffic Services (VTS) means a service implemented Pass safety fairway specified in 33 CFR 166.200, to mile 242.4
under Part 161 of this chapter by the United States Coast Guard AHP (Above Head of Passes) near Baton Rouge;
designed to improve the safety and efficiency of vessel traffic and
to protect the environment. The VTS has the capability to interact (2) The Mississippi River-Gulf Outlet from the territorial sea
with marine traffic and respond to traffic situations developing in boundary, and within the Mississippi River-Gulf outlet Safety
the VTS area. Fairway specified in 33 CFR 166.200, to that channel's junction
with the Inner Harbor Navigation Canal; and

39
(3) The full length of the Inner Harbor Navigation Canal from its exercise due diligence to restore it or cause it to be restored to
junction with the Mississippi River to that canal's entry to Lake effective operating condition at the earliest practicable time. The
Pontchartrain at the New Seabrook vehicular bridge. failure of a vessel's radiotelephone equipment shall not, in itself,
constitute a violation of this Act, nor shall it obligate the master of
(f) In addition to the radiotelephone required by paragraph (b) of any vessel to moor or anchor his vessel; however, the loss of
this section, each vessel described in paragraph (a) of this section radiotelephone capability shall be given consideration in the
while transiting any waters within a Vessel Traffic Service Area, navigation of the vessel.
must have on board a radiotelephone capable of transmitting and
receiving on the VTS designated frequency in "Table 161.12(c) 26.07 Communications.
(VTS and VMRS Centers, Call Signs/MMSI, Designated No person may use the services of, and no person may serve as,
Frequencies, and Monitoring Areas)." a person required to maintain a listening watch under section 5 of
the Act, 33 U.S.C. 1204, unless the person can communicate in
NOTE: A single VHF-FM radio capable of scanning or sequential the English language.
monitoring (often referred to as "dual watch" capability) will not
meet the requirements for two radios. [CGD 90-020, 59 FR 36323, July 15, 1994, as amended by CGD
95-033, 60 FR 28329, May 31, 1995]
[FR Doc. 03-16191 Filed 6-27-03; 8:45 am]
26.08 Exemption Procedures.
26.04 Use Of The Designated Frequency. (a) The Commandant has redelegated to the Assistant
(a) No person may use the frequency designated by the Federal Commandant for Marine Safety, Security and Environmental
Communications Commission under section 8 of the Act, 33 Protection, U.S. Coast Guard Headquarters, with the reservation
U.S.C. 1207(a), to transmit any information other than information that this authority shall not be further redelegated, the authority to
necessary for the safe navigation of vessels or necessary tests. grant exemptions from provisions of the Vessel Bridge-to-Bridge
Radiotelephone Act and this part.
(b) Each person who is required to maintain a listening watch
under section 5 of the Act shall, when necessary, transmit and (b) Any person may petition for an exemption from any provision
confirm, on the designated frequency, the intentions of his vessel of the Act or this part;
and any other information necessary for the safe navigation of
vessels. (c) Each petition must be submitted in writing to Commandant
(CG-DCO-D), Attn: Deputy for Operations Policy and Capabilities,
(c) Nothing in these regulations may be construed as prohibiting U.S. Coast Guard Stop 7318, 2703 Martin Luther King Jr. Avenue
the use of the designated frequency to communicate with shore SE., Washington, DC 20593-7318, and must state:
stations to obtain or furnish information necessary for the safe
navigation of vessels. (1) The provisions of the Act or this part from which an exemption
is requested; and
(d) On the navigable waters of the United States, channel 13
(156.65 MHz) is the designated frequency required to be (2) The reasons why marine navigation will not be adversely
monitored in accordance with 26.05(a) except that in the area affected if the exemption is granted and if the exemption relates to
prescribed in 26.03(e), channel 67 (156.375 MHz) is the a local communication system how that system would fully comply
designated frequency. with the intent of the concept of the Act but would not conform in
detail if the exemption is granted.
(e) On those navigable waters of the United States within a VTS
area, the designated VTS frequency is an additional designated [CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by
frequency required to be monitored in accordance with 26.05. CGD 73-256, 39 FR 9176, Mar. 8, 1974; CGD 88-052, 53 FR
25119, July 1, 1988; CGD 95-057, 60 FR 34150, June 30, 1995;
(85 Stat. 164; 33 U.S.C. 1201-1208; 49 CFR 1.46(n)(2)) CGD 96-026, 61 FR 33663, June 28, 1996; CGD 97-023, 62 FR
33362, June 19, 1997; USCG-2002-12471, 67 FR 41331, June 18,
[CGD 71-114R, 37 FR 12720, June 28, 1982, as amended by 2002; USCG-2010-0351, 75 FR 36278, June 25, 2010; USCG-
CGD 83-036, 48 FR 30107, June 30, 1983; CGD 91-046, 57 FR 2014-0410, 79 FR 38428, July 7, 2014]
14486, Apr. 21, 1992; 57 FR 21741, May 22, 1992; CGD 90-020,
59 FR 36323, July 15, 1994; CGD 95-033, 60 FR 28329, May 31, 26.09 List Of Exemptions.
1995] (a) All vessels navigating on those waters governed by the
navigation rules for Great Lakes and their connecting and
26.05 Use Of Radiotelephone. tributary waters (33 U.S.C. 241 et seq.) are exempt from the
Section 5 of the Act states that the radiotelephone required by this requirements of the Vessel Bridge-to-Bridge Radiotelephone Act
Act is for the exclusive use of the master or person in charge of and this part until May 6, 1975.
the vessel, or the person designated by the master or person in
charge to pilot or direct the movement of the vessel, who shall (b) Each vessel navigating on the Great Lakes as defined in the
maintain a listening watch on the designated frequency. Nothing Inland Navigational Rules Act of 1980 (33 U.S.C. 2001 et seq.)
herein shall be interpreted as precluding the use of portable and to which the Vessel Bridge-to-Bridge Radiotelephone Act (33
radiotelephone equipment to satisfy the requirements of this act. U.S.C. 1201-1208) applies is exempt from the requirements in 33
U.S.C. 1203, 1204, and 1205 and the regulations under 26.03,
[CGD 93-072, 59 FR 39963, Aug. 5, 1994] 26.04, 26.05, 26.06, and 26.07. Each of these vessels and each
person to whom 33 U.S.C. 1208(a) applies must comply with
26.06 Maintenance Of Radiotelephone; Failure Of Articles VII, X, XI, XII, XIII, XV, and XVI and Technical
Radiotelephone. Regulations 1-9 of "The Agreement Between the United States of
America and Canada for Promotion of Safety on the Great Lakes
Section 6 of the Act states: by Means of Radio, 1973."

(a) Whenever radiotelephone capability is required by this Act, a [CGD 72-223R, 37 FR 28633, Dec. 28, 1972, as amended
vessel's radiotelephone equipment shall be maintained in byCGD 74-291, 39 FR 44980, Dec. 30, 1974; CGD 83-003, 48
effective operating condition. If the radiotelephone equipment FR7442, Feb. 18, 1983; CGD 91-046, 57 FR 14486, Apr. 21,
carried aboard a vessel ceases to operate, the master shall 1992 ]

40
Part 27-Adjustment Of Civil Monetary Penalties For
Inflation
Table of Contents
Sec.
27.3 Penalty Adjustment Table.

Authority: Secs. 1-6, Pub. L. 101-410, 104 Stat. 890, as 27.3 Penalty Adjustment Table.
amended by Sec. 31001(s)(1), Pub. L. 104-134, 110 Stat. 1321 Table 1 identifies the statutes administered by the Coast Guard
(28 U.S.C. 2461 note); Department of Homeland Security that authorize a civil monetary penalty. The adjusted maximum
Delegation No. 0170.1, sec. 2 (106). penalty is the maximum penalty authorized by the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended, as
Source:USCG-2011-0257, 76 FR 31833, June 2, 2011, unless determined by the Coast Guard.
otherwise noted.

Table 1Civil Monetary Penalty Inflation Adjustments

2014
Adjusted
maximum
penalty
U.S. Code citation Civil monetary penalty description 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 VesselsMinimum Penalty 700


1
19 U.S.C. 1581(d) Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in Charge 5,000
1
19 U.S.C. 1581(d) Failure to Stop Vessel When Directed; Master, Owner, Operator or Person in ChargeMinimum Penalty 1,000

33 U.S.C. 471 Anchorage Ground/Harbor Regulations General 110

33 U.S.C. 474 Anchorage Ground/Harbor Regulations St. Mary's River 300

33 U.S.C. 495(b) Bridges/Failure to Comply with Regulations2 25,000

33 U.S.C. 499(c) Bridges/Drawbridges2 25,000

33 U.S.C. 502(c) Bridges/Failure to Alter Bridge Obstructing Navigation2 25,000


2
33 U.S.C. 533(b) Bridges/Maintenance and Operation 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. 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 Assessment 40,000

33 U.S.C. 1321(b)(7)(A) Oil/Hazardous Substances: Discharges (per barrel of oil or unit discharged) Judicial Assessment 1,100

33 U.S.C. 1321(b)(7)(B) Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With Order (Judicial Assessment) 40,000

33 U.S.C. 1321(b)(7)(C) Oil/Hazardous Substances: Failure to Comply with Regulation Issued Under 1321(j) (Judicial Assessment) 40,000

41
33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel of oil or unit discharged) Judicial 4,000
Assessment

33 U.S.C. 1321(b)(7)(D) Oil/Hazardous Substances: Discharges, Gross NegligenceMinimum Penalty (Judicial Assessment) 130,000

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

33 U.S.C. 3852(a)(1)(A) Clean Hulls; Civil Enforcement 37,500

33 U.S.C. 3852(a)(1)(B) Clean Hulls; Civil Enforcement 50,000

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 offense) 100,000

42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment) 35,000

42 U.S.C. 9609(c) Hazardous Substances, Releases, Liability, Compensation (Judicial Assessment subsequent offense) 100,000

46 U.S.C. 80509(a) Safe Containers for International Cargo 8,000

46 U.S.C. 41107 International Ocean Commerce TransportationCommon Carrier Agreements per violation 6,000

46 U.S.C. App 1712(a) International Ocean Commerce TransportationCommon Carrier Agreements per violationWillful violation 30,000

46 U.S.C. App 1712(b) International Ocean Commerce TransportationCommon Carrier AgreementsFine for tariff violation (per 60,000
shipment)

46 U.S.C. 70305(c) 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 Agent 8,000

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

42
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 Complement 1,100

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 by USCG 15,000

46 U.S.C. 8101(h) Manning of Inspected Vessels; Freight Vessel <100 GT, Small Passenger Vessel, or Sailing School Vessel 1,100

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) Officer's Competency Certificates 110

46 U.S.C. 8502(e) Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 15,000

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

46 U.S.C. 9308(a) Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, Master or Individual in Charge 15,000

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

43
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 VesselsWillful 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 SecurityContinuing Violations 50,000

46 U.S.C. 70506 Maritime Drug Law Enforcement; Penalties 5,000

49 U.S.C. 5123(a)(1) Hazardous Materials: Related to VesselsMaximum Penalty 60,000

49 U.S.C. 5123(a)(1) Hazardous Materials: Related to VesselsMinimum Penalty 300

49 U.S.C. 5123(a)(2) Hazardous Materials: Related to VesselsPenalty from Fatalities, Serious Injuries/Illness or Substantial 110,000
Damage to Property

Note: The changes in Civil Penalties for calendar year 2014, shown above, are based on the change in CPI-U from June 2009 to June 2010.
The recorded change in CPI-U during that period was 1.05%. 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 adjustment.
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.

[USCG-2012-0306, 77 FR 37309, June 21, 2012, as amended by USCG-2014-0410, 79 FR 38428, July 7, 2014]

44
Part 62-United States Aids To Navigation System
Table of Contents (2) The regulations found in 33 CFR subpart 66.10 expire on
December 31, 2003, at which time the provisions of this part will
apply.
A-General
Sec. (c) The Coast Guard maintains systems of marine aids to
62.1 Purpose. navigation consisting of visual, audible, and electronic signals
62.3 Definition Of Terms. which are designed to assist the prudent mariner in the process of
62.5 Marking Of Marine Parades And Regattas. navigation. The aids to navigation system is not intended to
identify every shoal or obstruction to navigation which exists in the
Subpart B-The U.S. Aids To Navigation System navigable waters of the United States, but rather provides for
reasonable marking of marine features as resources permit. The
62.21 General. primary objective of the aids to navigation system is to mark
62.23 Beacons And Buoys. navigable channels and waterways, obstructions adjacent to
62.25 Lateral Marks. these waterways, and obstructions in areas of general navigation
62.27 Safe Water Marks. which may not be anticipated. Other waters, even if navigable, are
62.29 Isolated Danger Marks. generally not marked.
62.31 Special Marks.
62.32 Inland Waters Obstruction Mark. [CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD
62.33 Information And Regulatory Marks. 88-018, 54 FR 48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573,
62.35 Mooring Buoys. June 19, 1998]
62.37 Lighthouses.
62.41 Ranges. 62.3 Definition Of Terms.
62.43 Numbers And Letters. Certain terms as used in this subchapter are defined as follows:
62.45 Light Characteristics.
62.47 Sound Signals. (a)Aid to Navigation. The term aid to navigation means any
62.49 Intracoastal Waterway Identification. device external to a vessel or aircraft intended to assist a
62.51 Western Rivers Marking System. navigator to determine position or safe course, or to warn of
62.52 Automatic Identification System Aids to Navigation (AIS dangers or obstructions to navigation.
AtoN).
62.53 Racons. (b)Commerce. The term commerce, in addition to general,
62.54 Ownership Identification. national and international trade and commerce of the United
States, includes trade and travel by seasonal passenger craft
Subpart C- [Removed and Reserved] (marine and air), yachts, houseboats, fishing boats, motor boats,
and other craft, whether or not operated for hire or profit.
Subpart D-Public Participation In The Aids To
Navigation System (c)Commandant. The term Commandant means the
Commandant of the Coast Guard.
62.63 Recommendations.
62.65 Procedure For Reporting Defects And Discrepancies. (d)District Commander. The term District Commander means
the commander of a Coast Guard District. Coast Guard Districts
Authority: 14 U.S.C. 85; 33 U.S.C. 1222, 1233; 43 U.S.C. 1333; are listed in Part 3 of this chapter.
Department of Homeland Security Delegation No. 0170.1.
(e)Corps of Engineers. The term Corps of Engineers means the
Source: CGD 86-031, 52 FR 42640, Nov. 6, 1987, unless Corps of Engineers, Department of the Army.
otherwise noted.
(f)Person. The term person imparts both singular or plural, as the
case demands, and includes any Federal Agency, State, Territory,
Subpart A-General possession, or public subdivision thereof, the District of Columbia,
and any corporation, company, association, club, or other
62.1 Purpose. instrumentality.
(a) The Coast Guard administers the U.S. Aids to Navigation
System. The system consists of Federal aids to navigation (g)Navigable waters of the United States. The term navigable
operated by the Coast Guard, aids to navigation operated by the waters of the United States is defined in Sec. 2.36(a) of this
other armed services, and private aids to navigation operated by chapter.
other persons.
[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by
(b)(1) This part describes the general characteristics of the U.S. USCG-2001-9044, 68 FR 42601, July 18, 2003]
Aids to Navigation System, and the details, policies and
procedures employed by the Coast Guard in establishing, 62.5 Marking Of Marine Parades And Regattas.
maintaining, operating, changing or discontinuing Federal aids to (a) The Coast Guard may establish aids to navigation to mark
navigation. Regulations concerning the marking of wrecks, marine parades and regattas which are regulated by the Coast
structures, and other obstructions are found in 33 CFR part 64. Guard for the purpose of protecting life and property, or to assist
Regulations concerning private aids are found in 33 CFR part 66. in the observance and enforcement of special regulations. For
Regulations concerning the marking of artificial islands and marine parade and regatta regulations, see Part 100 of this
structures which are erected on or over the seabed and subsoil of chapter.
the Outer Continental Shelf of the United States or its
possessions are found in 33 CFR part 67. Regulations concerning (b) [Reserved]
the marking of bridges are found in 33 CFR part 118. Regulations
concerning aids to navigation at deepwater ports are found in Subpart B-The U.S. Aids To Navigation System
subchapter NN of this chapter.

45
62.21 General. (5) The mariner should also listen to Coast Guard Broadcast
(a) The navigable waters of the United States and non-navigable Notices to Mariners. These broadcasts update the Local Notice to
State waters after December 31, 2003, are marked to assist Mariners with more timely information. Mariners should monitor
navigation using the U.S. Aids to Navigation System, a system VHF-FM channel 16 to locate Coast Guard Marine Information
consistent with the International Association of Lighthouse Broadcasts.
Authorities (IALA) Maritime Buoyage System. The IALA Maritime
Buoyage System is followed by most of the world's maritime (d) The U.S. Aids to Navigation System is primarily a lateral
nations and will improve maritime safety by encouraging system which employs a simple arrangement of colors, shapes,
conformity in buoyage systems worldwide. IALA buoyage is numbers, and light characteristics to mark the limits of navigable
divided into two regions made up of Region A and Region B. All routes. This lateral system is supplemented by nonlateral aids to
navigable waters of the United States follow IALA Region B, navigation where appropriate.
except U.S. possessions west of the International Date Line and
south of 10 degrees north latitude, which follow IALA Region A. (e) Generally, lateral aids to navigation indicate on which side of a
Lateral aids to navigation in Region A vary from those described vessel an aid to navigation should be passed when the vessel is
throughout this Subpart. Non-lateral aids to navigation are the proceeding in the Conventional Direction of Buoyage. Normally,
same as those used in Region B. See 62.25. Appropriate the Conventional Direction of Buoyage is the direction in which a
nautical charts and publications should be consulted to determine vessel enters navigable channels from seaward and proceeds
whether the Region A or Region B marking schemes are in effect towards the head of navigation. In the absence of a route leading
for a given area. from seaward, the Conventional Direction of Buoyage generally
follows a clockwise direction around land masses. For example,
(b) The U.S. Aids to Navigation System is designed for use with proceeding southerly along the Atlantic Coast, from Florida to
nautical charts. Nautical charts portray the physical features of the Texas along the Gulf Coast, and northerly along the Pacific Coast
marine environment, including soundings and other submarine are considered as proceeding in the Conventional Direction of
features, landmarks, and other aids necessary for the proper Buoyage. In some instances, this direction must be arbitrarily
navigation of a vessel. This crucial information cannot be obtained assigned. Where doubt exists, the mariner should consult charts
from other sources, even ones such as topographic maps, and other nautical publications.
aeronautical charts, or atlases. The exact meaning of an aid to
navigation may not be clear to the mariner unless the appropriate (f) Although aids to navigation are maintained to a reasonable
chart is consulted, as the chart illustrates the relationship of the degree of reliability, the rigors of the marine environment and
individual aid to navigation to channel limits, obstructions, hazards various equipment failures do cause discrepancies on occasion.
to navigation, and to the total aids to navigation system.
(g) The Coast Guard makes reasonable efforts to inform the
(c) The navigator should maintain and consult suitable navigator of known discrepancies, and to correct them within a
publications and instruments for navigation depending on the reasonable period of time, depending upon resources available.
vessel's requirements. This shipboard equipment is separate from Occasionally, a temporary aid to navigation, which provides
the aids to navigation system, but is often essential to its use. The different but similar service, is deployed until permanent repairs
following publications are available from the U.S. Government to can be made to the original aid. Notification of such temporary
assist the navigator: changes is made through the notice to mariners system.

(1) The Light List, published by the Coast Guard and available (h) Mariners should exercise caution when using private aids to
through the Government Printing Office or authorized sales navigation because private aids are often established to serve the
agents, lists federal and private aids to navigation. It includes all needs of specific users rather than general navigation and their
major Federal aids to navigation and those private aids to purpose may not be obvious to casual users; and, discrepancies
navigation, which have been deemed to be important to general to private aids are often detected, reported, and corrected less
navigation, and includes a physical description of these aids and promptly than discrepancies to Coast Guard aids to navigation.
their locations.
[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD
(2) The United States Coast Pilot, published by the National 88-018, 54 FR 48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573,
Ocean Service and available through that agency or authorized June 19, 1998; 66 FR 33637, June 25, 2001]
nautical chart sales agents, supplements the information shown
on nautical charts. Subjects such as local navigation regulations, 62.23 Beacons And Buoys.
channel and anchorage peculiarities, dangers, climatalogical data, (a) Aids to navigation are placed on shore or on marine sites to
routes, and port facilities are covered. assist a navigator to determine his position or safe course. They
may mark limits of navigable channels, or warn of dangers or
(3) Local Notices to Mariners are published by local Coast Guard obstructions to navigation. The primary components of the U.S.
District Commanders. Persons may be placed on the mailing list Aids to Navigation System are beacons and buoys.
to receive local Notices by contacting the Aids to Navigation and
Waterway Management Branch of the appropriate Coast Guard (b) Beacons are aids to navigation structures which are
District. These notices pass information affecting navigation permanently fixed to the earth's surface. They range from large
safety. Changes to aids to navigation, reported dangers, lighthouses to small, single-pile structures and may be located on
scheduled construction or other disruptions, chart corrections and land or in the water. Lighted beacons are called lights; unlighted
similar useful marine information is made available through this beacons are called daybeacons.
publication.
(1) Beacons exhibit a daymark. For small structures these are
(4) The Notice to Mariners is a national publication, similar to the colored geometric shapes which make an aid to navigation readily
Local Notice to Mariners, published by the National Imagery and visible and easily identifiable against background conditions.
Mapping Agency. The notice may be obtained free of charge from Generally, the daymark conveys to the mariner, during daylight
commercial maritime sources and, upon request, to Defense hours, the same significance as does the aid's light or reflector at
Logistics Agency, Defense Supply Center Richmond, ATTN: JNB, night. The daymark of large lighthouses and towers, however,
8000 Jefferson Davis Highway, Richmond, VA 23297-5100 or consists of the structure itself. As a result, these daymarks do not
FAX 804-279-6510, ATTN: Accounts Manager, RMF. A letter of infer lateral significance.
justification should be included in the request. This publication
provides ocean going vessels significant information on national (2) Vessels should not pass beacons close aboard due to the
and international navigation and safety. danger of collision with rip-rap or structure foundations, or the

46
obstruction or danger that the aid marks. obstruction relative to the aid, may pass on either side. Preferred
channel marks have red and green horizontal bands with the color
(c) Buoys are floating aids to navigation used extensively of the topmost band indicating the preferred channel. If the
throughout U.S. waters. They are moored to the seabed by topmost band is green, the mark serves as a port hand mark for
sinkers with chain or other moorings of various lengths. vessels following the preferred channel proceeding in the
Conventional Direction of Buoyage, and as a starboard hand
(1) The daymark of a buoy is the color and shape of the buoy and, mark for the other channel. Beacons would have square
if so equipped, of the topmark. daymarks, while buoys would be can or pillar buoys. If the
topmost band is red, the mark serves as a starboard hand mark
(1)(i) Can buoys have a cylindrical shape. for vessels following the preferred channel proceeding in the
Conventional Direction of Buoyage, and a port hand mark for the
(1)(ii) Nun buoys have a tapered, conical shape. other channel. Beacons would have triangular daymarks, while
buoys would be nun or pillar buoys.
(1)(iii) Pillar buoys have a wide cylindrical base supporting a
narrower superstructure. They may be surmounted by colored (d) The above color schemes apply to IALA Region B. Marks
shapes called topmarks. located in the IALA Region A exhibit reversed color significance:
port hand marks will be red when following the Conventional
(1)(iv) Spherical buoys have a round shape. Direction of Buoyage, and starboard hand marks will be green.
The meaning of daymark and buoy shapes is identical in both
(2) Mariners attempting to pass a buoy close aboard risk collision regions.
with a yawing buoy, the buoy's mooring, or with the obstruction
which the buoy marks. (e) Certain marks on the Intracoastal Waterway may exhibit
reversed lateral significance. See 62.49.
(3) Mariners should not rely on buoys alone for determining their
positions due to factors limiting their reliability. Prudent mariners [CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD
will use bearings or angles from beacons or other landmarks, 88-018, 54 FR 48608, Nov. 24, 1989]
soundings, and various methods of electronic navigation. Buoys
vary in reliability because: 62.27 Safe Water Marks.
Safe water marks indicate that there is navigable water all around
(3)(i) Buoy positions represented on nautical charts are the mark. They are often used to indicate fairways or midchannels,
approximate positions only, due to practical limitations in or the seaward end of channels. Safe water marks are colored
positioning and maintaining buoys and their sinkers in precise with red and white vertical stripes. Beacons have an octagonal
geographical locations. daymark; red and white buoys are spherical or display a red
spherical topmark.
(3)(ii) Buoy moorings vary in length. The mooring lengths define a
"watch circle", and buoys can be expected to move within this [CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD
circle. Actual watch circles do not coincide with the dots or circles 88-018, 54 FR 48608, Nov. 24, 1989]
representing them on charts.
62.29 Isolated Danger Marks.
(3)(iii) Buoy positions are normally verified during periodic Isolated danger marks indicate an isolated danger which may be
maintenance visits. Between visits, environmental conditions, passed on all sides. As these marks are erected or moored on or
including atmospheric and sea conditions, and seabed slope and near dangers, they should not be approached closely without
composition, may shift buoys off their charted positions. Also special caution. These marks are colored black with one or more
buoys may be dragged off station, sunk, or capsized by a collision broad horizontal red bands and are equipped with a topmark of
with a vessel. two black spheres, one above the other.

[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR [CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD
46351, Dec. 5, 1987] 88-018, 54 FR 48608, Nov. 24, 1989]

62.25 Lateral Marks. 62.31 Special Marks.


(a) Lateral marks define the port and starboard sides of a route to Special marks are not primarily intended to assist safe navigation,
be followed. They may be either beacons or buoys. but to indicate special areas or features referred to in charts or
other nautical publications. They may be used, for example, to
(b) Sidemarks are lateral marks which advise the mariner to stay mark anchorages, cable or pipeline areas, traffic separation
to one side of the mark. Their most frequent use is to mark the schemes, military exercise zones, ocean data acquisition systems,
sides of channels; however, they may be used individually to etc. Special marks are colored solid yellow.
mark obstructions outside of clearly defined channels. Sidemarks
are not always placed directly on a channel edge and may be 62.32 Inland Waters Obstruction Mark.
positioned outside the channel as indicated on charts and nautical (a) On inland waters designated by the Commandant as State
publications. waters in accordance with 66.05-5 of this chapter and on non-
navigable internal waters of a State which have no defined head
(1) Port hand marks indicate the left side of channels when of navigation, a buoy showing alternate vertical black and white
proceeding in the Conventional Direction of Buoyage. Beacons stripes may be used to indicate to a vessel operator that an
have green square daymarks, while buoys are green can or pillar obstruction to navigation extends from the nearest shore to the
buoys. buoy.

(2) Starboard hand marks indicate the right side of channels when (b) The black and white buoy's meaning is do not pass between
proceeding in the Conventional Direction of Buoyage. Beacons the buoy and the shore. The number of white and black stripes is
have red triangular daymarks, while buoys are red nun or pillar discretionary, provided that the white stripes are twice the width of
buoys. the black stripes. Prior to December 31, 2003, this aid shall not be
used on a waterway which has a red and white striped obstruction
(c) Preferred channel marks indicate channel junctions or marker defined in 66.10-15(e)(3) of this chapter, unless all
bifurcations and may also mark wrecks or obstructions which the obstruction markers are replaced.
mariner, after consulting a chart to ascertain the location of the

47
[CGD 97-018, 63 FR 33573, June 19, 1998]. and numbers may be white.

62.33 Information And Regulatory Marks. (d) Exceptions to the provisions of this section will be found on the
(a) Information and Regulatory Marks are used to alert the Western Rivers System. See 62.51.
mariner to various warnings or regulatory matters. These marks
have orange geometric shapes against a white background. The (e) The guidelines for the display of numbers and letters on aids
meanings associated with the orange shapes are as follows: to navigation are identical for both Region A and Region B; red
aids to navigation display even numbers, and green aids display
(1) A vertical open-faced diamond signifies danger. odd numbers.

(2) A vertical diamond shape having a cross centered within [CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD
indicates that vessels are excluded from the marked area. 88-018, 54 FR 48608, Nov. 24, 1989]

(3) A circular shape indicates that certain operating restrictions 62.45 Light Characteristics.
are in effect within the marked area. (a) Lights on aids to navigation are differentiated by color and
rhythm. Lighthouses and range lights may display distinctive light
(4) A square or rectangular shape will contain directions or characteristics to facilitate recognition. No special significance
instructions lettered within the shape. should be attached to the color or rhythm of such lights. Other
lighted aids to navigation employ light characteristics to convey
(b) When a buoy is used as an information or regulatory mark it additional information.
shall be white with two horizontal orange bands placed completely
around the buoy circumference. One band shall be near the top of (b) When proceeding in the Conventional Direction of Buoyage,
the buoy body, with a second band placed just above the aids to navigation, if lighted, display light characteristics as follows:
waterline of the buoy so that both bands are clearly visible.
(1) Green lights mark port (left) sides of channels and locations of
[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD wrecks or obstructions which are to be passed by keeping these
97-018, 63 FR 33573, June 19, 1998] lights on the port (left) hand of a vessel. Green lights are also
used on Preferred Channel Marks where the topmost band is
62.35 Mooring Buoys. green.
Mooring Buoys are white with a blue horizontal band. This
distinctive color scheme is recommended to facilitate identification (2) Red lights mark starboard (right) sides of channels and
and to avoid confusion with aids to navigation. locations of wrecks or obstructions which are to be passed by
keeping these lights on the starboard (right) hand of a vessel. Red
62.37 Lighthouses. lights are also used on Preferred Channel Marks where the
Lighthouses are prominent beacons of varying size, color, and topmost band is red.
appearance employed to mark headlands, landfalls, harbor
entrances, channel edges, hazards, and other features. While (3) Certain lights marking the Intracoastal Waterway may display
normally identified by their distinctive appearance, some reversed lateral significance. See 62.49.
lighthouses display diamond shaped, checkered daymarks to
facilitate recognition. (c) Yellow lights have no lateral significance. Except on the
Western Rivers, see 62.51, white lights have no lateral
62.41 Ranges. significance. The purpose of aids exhibiting white or yellow lights
Ranges are aids to navigation systems employing dual beacons may be determined by their shape, color, letters or numbers, and
which, when the structures appear to be in line, assist the mariner the light rhythm employed.
in maintaining a safe course. The appropriate nautical chart must
be consulted when using ranges to determine whether the range (d) Light rhythms, except as noted in 62.51 for the Western
marks the centerline of the navigable channel and also to Rivers, are employed as follows:
ascertain what section of the range may be safety traversed.
Ranges are generally, but not always, lighted, and display (1) Aids with lateral significance display regularly flashing or
rectangular daymarks of various colors. regularly occulting light rhythms. Ordinarily, flashing lights
(frequency not exceeding 30 flashes per minute) will be used.
[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR
46351, Dec. 5, 1987] (2) Preferred Channel Marks display a composite group flashing
light rhythm (groups of two flashes followed by one flash).
62.43 Numbers And Letters.
(a) All solid red and solid green aids are numbered, with red aids (3) Safe Water Marks display a white Morse Code A rhythm
bearing even numbers and green aids bearing odd numbers. The (short-long flash).
numbers for each increase in the Conventional Direction of
Buoyage. Numbers are kept in approximately sequence on both (4) Isolated Danger Marks display a white group flashing two.
sides of the channel by omitting numbers where necessary.
(5) Special Marks display yellow lights with fixed or slow flashing
(b) Only sidemarks are numbered. However, aids other than rhythm preferred.
those mentioned above may be lettered to assist in their
identification, or to indicate their purpose. Sidemarks may carry (6) Mooring Buoys and Information and Regulatory Marks display
letters in addition to numbers to identify the first aid to navigation white lights of various rhythms.
in a waterway, or when new aids to navigation are added to
channels with previously completed numerical sequences. Letters (7) For situations where lights require a distinct cautionary
on sidemarks will follow alphabetical order from seaward and significance, as at sharp turns, sudden channel constrictions,
proceeding toward the Conventional Direction of Buoyage and will wrecks, or obstructions, a quick flashing light rhythm (60 flashes
be added to numbers as suffixes. per minute) may be used.

(c) Aids to navigation may be fitted with light-reflecting material to (e) Occasionally lights use sectors to mark shoals or warn
increase their visibility in darkness. The colors of this material mariners of other dangers. Lights so equipped show one color
may convey the same significance as the aid except that letters from most directions and a different color or colors over definite

48
arcs of the horizon as indicated on the appropriate nautical chart. (3) A horizontal yellow band provides no lateral information, but
These sectors provide approximate bearing information since the simply identifies aids to navigation as marking the Intracoastal
observer should note a change of color as the boundary between Waterway.
the sectors is crossed. As sector bearings are not precise, they
should be considered a warning only and not used to determine (b) The above guidelines apply for vessels traversing the
exact bearing to the light. Intracoastal Waterway in a southerly direction on the Atlantic
Coast, in a westerly direction on the Okeechobee Waterway, or in
(f) Aids to navigation may be fitted with light-reflecting material to a westerly direction along the Gulf Coast.
increase their visibility in darkness. Green or red reflective
material is used only on marks which, if lighted, would exhibit a [CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR
light of that color. Yellow reflective material is used on special 46351, Dec. 5, 1987]
marks and on Intracoastal Waterway marks. No significance is
attached to white reflective material. 62.51 Western Rivers Marking System.
(a) A variation of the standard U.S. aids to navigation system
[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD described above is employed on the Mississippi River and
88-018, 54 FR 48608, Nov. 24, 1989; CGD 97-018, 63 FR 33573, tributaries above Baton Rouge, LA and on certain other rivers
June 19, 1998] which flow toward the Gulf of Mexico.

62.47 Sound Signals. (b) The Western Rivers System varies from the standard U.S.
(a) Often sound signals are located on or adjacent to aids to system as follows:
navigation. When visual signals are obscured, sound signals warn
mariners of the proximity of danger. (1) Buoys are not numbered.

(1) Sound signals are distinguished by their tone and phase (2) Numbers on beacons do not have odd/even lateral
characteristics. significance but, rather, indicate mileage from a fixed point
(normally the river mouth).
(1)(i) Tones are determined by the devices producing the sound
(i.e., diaphones, diaphragm horns, reed horns, sirens, whistles, (3) Diamond-shaped non-lateral dayboards, checkered red-and-
bells and gongs). white or green-and-white, similar to those used in the U.S. Aids to
Navigation System, as appropriate, are used as crossing
(1)(ii) Phase characteristics are defined by the signal's sound dayboards where the river channel crosses from one bank to the
pattern, i.e., the number of blasts and silent periods per minute other.
and their durations. Sound signals emanating from fixed
structures generally produce a specific number of blasts and (4) Lights on green buoys and on beacons with green daymarks
silent periods each minute when operating. Buoy sound signals show a single flash which may be green or white.
are generally actuated by the motion of the sea and therefore do
not emit a regular signal characteristic. (5) Lights on red buoys and on beacons with red daymarks show
a double flash [Group Flashing (2)] which may be red or white.
(2) Where no live watch is maintained, sound signals are normally
operated continuously. However, some are equipped with fog (6) Isolated danger marks are not used.
detectors which activate sound signals when visibility falls below a
predetermined limit. [CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD-
94-091, 61 FR 27782, June 3, 1996; 66 FR 33637, June 25, 2001]
(b) Mariners should not rely solely on sound signals to determine
their positions for the following reasons: 62.52 Automatic Identification System Aids to Navigation
(AIS AtoN).
(1) Distance cannot be accurately determined by sound intensity. (a) Aids to Navigation (AtoN) may be enhanced by the use of an
automatic identification system (AIS). AIS is a maritime navigation
(2) Occasionally sound signals may not be heard in areas close to safety communications protocol standardized by the International
their location. Telecommunication Union and adopted by the International
Maritime Organization for the broadcast or exchange of
(3) Signals may not sound in cases where fog exists close to, but navigation information between vessels, aircraft, and shore
not at, the location of the sound signal. stations. AIS AtoN can autonomously and at fixed intervals
broadcast the name, position, dimensions, type, characteristics
(4) As buoy signals are generally activated by sea motion, they and status from or concerning an aid to navigation.
may produce no signals when seas are calm.
(b) AIS AtoN can be either real (physically fitted to the AtoN),
(5) As previously noted, buoy positions are not always reliable. synthetic (physically fitted somewhere other than to the AtoN) or
Therefore their sound signals cannot be assumed to be virtual (physically nonexistent, but capable of being portrayed on
emanating from a fixed position. AIS-capable displays).

62.49 Intracoastal Waterway Identification. (c) AIS AtoN can also be used to broadcast both laterally (e.g.,
(a) In addition to the conventional signals, aids to navigation Port Hand Mark) and non-laterally significant marine safety
marking the Intracoastal Waterway exhibit unique yellow symbols information (e.g., environmental data, tidal information, and
to distinguish them from aids marking other waters. navigation warnings).

(1) Yellow triangles indicate that aids to navigation so marked [USCG-2005-21869, 80 FR 5329, Jan. 30, 2015]
should be passed keeping them on the starboard (right) hand of a
vessel, regardless of the aid's number, color, or light color. 62.53 Racons.
(a) Aids to navigation may be enhanced by the use of radar
(2) Yellow squares indicate that aids to navigation so marked beacons (racons). Racons, when triggered by a radar signal, will
should be passed keeping them on the port (left) hand of a vessel, transmit a coded reply to the interrogating radar. This reply serves
regardless of the aid's number, color, or light color. to identify the aid station by exhibiting a series of dots and dashes
which appear on the radar display in a line emanating radially

49
from just beyond the echo of the aid station. Although racons may (3) A chartlet or sketch describing the actual or proposed location
be used on both laterally significant and non-laterally significant of the aid(s), and a description of the action requested or
aids alike, the racon signal itself is for identification purposes only, recommended.
and therefore carries no lateral significance.
62.65 Procedure For Reporting Defects And Discrepancies.
(b) Racons are also used as bridge marks to mark the best point (a) Mariners should notify the nearest Coast Guard facility
of passage. immediately of any observed aids to navigation defects or
discrepancies.
62.54 Ownership Identification.
Ownership identification on private or state aids to navigation is (b) The Coast Guard cannot monitor the many thousands of aids
permitted so long as it does not change or hinder an in the U.S. Aids to Navigation System simultaneously and
understanding of the meaning of the aid to navigation. continuously. As a result, it is not possible to maintain every aid
operating properly and on its charted position at all times. Marine
[CGD 97-018, 63 FR 33573, June 19, 1998] safety will be enhanced if persons finding aids missing, sunk,
capsized, damaged, off station, or showing characteristics other
Subpart C-[Removed and Reserved] than those advertised in the Light List, or other publication,
promptly inform the Coast Guard. When making the report to the
Subpart D-Public Participation In The Aids To Coast Guard the mariner should consult the Light List to ensure
Navigation System the correct geographical information is used due to the similarity
of names and geographical areas.
62.63 Recommendations.
(a) The public may recommend changes to existing aids to (c) Procedures for reporting defects and discrepancies:
navigation, request new aids or the discontinuation of existing
aids, and report aids no longer necessary for maritime safety. (1) Radio messages should be prefixed Coast Guard and
These recommendations should be sent to the appropriate District transmitted directly to a Government shore radio station listed in
Commander. Chapter three of Radio Navigation Aids Publication, 117, for relay
to the relevant District Commander.
(b) Recommendations, requests and reports should be
documented with as much information as possible to justify the (2) Telephone, e-mail, or facsimile messages may also be used to
proposed action. Desirable information includes: advise the nearest Coast Guard unit of defects or discrepancies in
aids to navigation.
(1) Nature of the vessels which transit the area(s) in the question,
including type, displacement, draft, and number of passengers (3) Via our Web portal at http://www.navcen.uscg.gov.
and crew.
[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by
(2) Where practicable, the kinds of navigating devices used USCG-2000-7223, 65 FR 40054, June 29, 2000; USCG-2001-
aboard such vessels (e.g, magnetic or gyro compasses, radio 9286, 66 FR 33640, June 25, 2001; USCG-2001-10714, 69 FR
direction finders, radar, loran, and searchlights). 24982, May 5, 2004; USCG-2008-0179, 73 FR 35002, June 19,
2008]

50
Part 64 - Marking Of Structures, Sunken Vessels And
Other Obstructions
Table of Contents Collisions at Sea, 1972 (1972 COLREGS) or the Inland
Navigation Rules;
Subpart A-General (4) Deepwater port facilities subject to subchapter NN of this
Sec. chapter; and
64.01 Purpose.
64.03 Scope. (5) Artificial islands and structures subject to Part 67 of this
64.06 Definition Of Terms. subchapter.

Subpart B-Sunken Vessels And Other 64.06 Definition Of Terms.


As used in this part:
Obstructions
64.11 Marking And Notification Requirements. Hazard to navigation means an obstruction, usually sunken, that
64.13 Approval Of Markings. presents sufficient danger to navigation so as to require
64.16 Duration Of Marking On Sunken Vessels In Navigable expeditious, affirmative action such as marking, removal, or
Waters. redefinition of a designated waterway to provide for navigational
safety.
Subpart CStructures
High seas means those waters described in 2.32(c) of this
64.21 Marking And Notification Requirements. chapter.
64.23 Duration Of Marking On Structures.
Markings means the lights and other signals placed on or near
Subpart D-Miscellaneous Provisions structures, sunken vessels, and other obstructions for the
protection of navigation.
64.31 Determination Of Hazard To Navigation.
64.33 Marking By The Coast Guard. Navigable waters of the United States means those waters
described in 2.36(a) of this chapter, specifically including the
Authority: 14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118; waters described in 2.22(a)(2) of this chapter.
43 U.S.C. 1333; Department of Homeland Security Delegation No.
0170.1. Obstruction means anything that restricts, endangers, or
interferes with navigation.
Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless
otherwise noted. Structures means any fixed or floating obstruction, intentionally
placed in the water, which may interfere with or restrict marine
navigation.
Subpart AGeneral
[CGD 78-156, 48 FR 11267, Mar. 17, 1983. Redesignated and
Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless
amended by CGD 91-031, 57 FR 43402, Sept. 21, 1992; USCG-
otherwise noted. Redesignated by CGD 91-031, 57 FR 43402,
2001-9044, 68 FR 42601, July 18, 2003; USCG-2007-27887, 72
Sept. 21, 1992
FR 45902, Aug. 16, 2007]
64.01 Purpose.
Subpart B-Sunken Vessels And Other
This part prescribes rules relating to the marking of structures,
sunken vessels and other obstructions for the protection of Obstructions
maritime navigation.
Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless
otherwise noted. Redesignated by CGD 91-031, 57 FR 43402,
64.03 Scope.
Sept. 21, 1992.
(a) Except as provided in paragraph (b) of this section these rules
apply to:
64.11 Marking, notification, and approval requirements.
(a) The owner and/or operator of a vessel, raft, or other craft
(1) Structures located in or over waters subject to the jurisdiction
wrecked and sunk in a navigable channel must mark it
of the United States and, on the high seas, structures owned or
immediately with a buoy or beacon during the day and with a light
operated by persons subject to the jurisdiction of the United
at night. The requirement to mark the vessel, raft, or other craft
States;
with a light at night may be waived by the District Commander
pursuant to 64.13 of this subpart.
(2) Sunken vessels in the navigable waters or waters above the
continental shelf of the United States; and
(b) The owner and/or operator of a sunken vessel, raft, or other
craft that constitutes a hazard to navigation must mark it in
(3) Other obstructions existing on or in the navigable waters or
accordance with this subchapter.
waters above the continental shelf of the United States.
(c) The owner and/or operator of a sunken vessel, raft, or other
(b) The following obstructions are exempt from the requirements
craft must promptly report to the District Commander, in whose
of this part:
jurisdiction the vessel, raft, or other craft is located, the action
they are taking to mark it. In addition to the information required
(1) Dredging pipelines subject to Subchapter D of this chapter;
by 46 CFR 4.05, the reported information must contain
(2) Bridges subject to Subchapter J of this chapter;
(1) Name and description of the sunken vessel, raft, or other craft,
including type and size;
(3) Vessels subject to the International Regulations for preventing

51
(2) Accurate description of the location of the sunken vessel, raft, Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless
or other craft, including how the position was determined; otherwise noted. Redesignated by CGD 91-031, 57 FR 43402,
Sept. 21, 1992
(3) Water depth; and
64.21 Marking And Notification Requirements.
(4) Location and type of marking established, including color and Before establishing a structure, the owner or operator shall apply
shape of buoy or other beacon and characteristic of the light, if for Coast Guard authorization to mark the structure in accordance
fitted. with 66.01-5 of this chapter. The appropriate District
Commander will determine the marking requirements.
(d) The owner and/or operator of a vessel, raft, or other craft
wrecked and sunk in waters subject to the jurisdiction of the 64.23 Duration Of Marking On Structures.
United States or sunk on the high seas, if the owner is subject to Markings determined to be required shall be established and
the jurisdiction of the United States, must promptly report to the maintained until:
District Commander, in whose jurisdiction the obstruction is
located, the action they are taking to mark it in accordance with (a) The structure is removed; or
this subchapter. The reported information must contain the
information listed in paragraph (c) of this section, including the (b) Otherwise directed by the District Commander
information required by 46 CFR 4.05.
Subpart D-Miscellaneous Provisions
(e) Owners and/or operators of other obstructions may report the
existence of such obstructions and mark them in the same Source: CGD 78-156, 48 FR 11267, Mar. 17, 1983, unless
manner as prescribed for sunken vessels. otherwise noted. Redesignated by CGD 91-031, 57 FR 43402,
Sept. 21, 1992
(f) Owners and/or operators of marine pipelines that are
determined to be hazards to navigation must report and mark the 64.31 Determination Of Hazard To Navigation.
hazardous portion of those pipelines in accordance with 49 CFR In determining whether an obstruction is a hazard to navigation
parts 192 or 195, as applicable. for the purposes of marking, the District Commander considers,
but is not limited to, the following factors:
(g) All markings of sunken vessels, rafts, or crafts and other
obstructions established in accordance with this section must be (a) Location of the obstruction in relation to the navigable channel
reported to and approved by the appropriate District Commander. and other navigational traffic patterns;

(h) Should the District Commander determine that these markings (b) Navigational difficulty in the vicinity of the obstruction;
are inconsistent with part 62 of this subchapter, the markings
must be replaced as soon as practicable with approved markings. (c) Depth of water over the obstruction, fluctuation of the water
level, and other hydrologic characteristics in the area;
[USCG-2012-0054, 78 FR 77590, Dec. 24, 2013]
(d) Draft, type, and density of vessel traffic or other marine activity
64.13 Approval for waiver of markings. in the vicinity of the obstruction;
(a) Owners and/or operators of sunken vessels, rafts or other craft
sunk in navigable waters may apply to the District Commander, in (e) Physical characteristics of the obstruction;
whose jurisdiction the vessel, raft, or other craft is located, for a
waiver of the requirement to mark them with a light at night as (f) Possible movement of the obstruction;
required under 64.11(a) of this subpart. Information on how to
contact the District Commander is available at (g) Location of the obstruction in relation to other obstructions or
http://www.uscg.mil/top/units. aids to navigation;

(b) The District Commander may grant a waiver if it is determined (h) Prevailing and historical weather conditions;
that
(i) Length of time that the obstruction has been in existence;
(1) Marking the wrecked vessel, raft or other craft with a light at
night would be impractical, and (j) History of vessel incidents involving the obstruction; and

(2) The granting of such a waiver would not create an undue (k) Whether the obstruction is defined as a hazard to navigation
hazard to navigation. under other statutes or regulations.

[USCG-2012-0054, 78 FR 77590, Dec. 24, 2013] [CGD 91-031, 57 FR 43403, Sept. 21, 1992]

64.16 Duration Of Marking On Sunken Vessels In Navigable 64.33 Marking By The Coast Guard.
Waters. (a) The District Commander may mark for the protection of
Markings shall be maintained until: maritime navigation any structure, sunken vessel or other
obstruction that is not suitably marked by the owner. Markings
(a) The sunken vessel or other obstruction is removed; or established by the Coast Guard do not relieve the owner's duty or
responsibility to mark the sunken vessel or other obstruction, or to
(b) The right of the owner to abandon is legally established and remove it as required by law.
exercised.
(b) Costs for markings established by the Coast Guard will be
NOTE: Notices of abandonment of sunken vessels or other determined in accordance with part 74 of this Chapter.
obstructions will not be accepted by the Coast Guard. Any notice
of intention to abandon should be addressed to the District (c) Costs for marking of a sunken vessel or other obstruction shall
Engineer, Corps of Engineers, U.S. Army, within whose district be charged to the owner and shall continue until:
the sunken vessel or other obstruction is located.
(1) The vessel or other obstruction is removed;
Subpart CStructures

52
(2) The right of the owner to abandon is legally established and
has been exercised; or NOTE: When the needs of navigation permit, the owner may be
given reasonable opportunity to establish and maintain the
(3) The District Commander directs otherwise. necessary markings.

53
Part 67-Aids To Navigation On Artificial Islands And Fixed
Structures
Table of Contents 67.01-1 Scope.
(a) The regulations in this part prescribe the obstruction lights and
sound signals to be operated as privately maintained maritime
Subpart 67.01-General Requirements aids to navigation on the artificial islands and structures which are
Sec. erected on or over the seabed and subsoil of the Outer
67.01-1 Scope. Continental Shelf and in the waters under the jurisdiction of the
67.01-5 Definitions. United States, for the purpose of exploring for, developing,
67.01-10 Authority To Regulate And Delegation Of Functions. removing and transporting resources therefrom.
67.01-15 Classification Of Structures.
67.01-20 Prescribing Lines Of Demarcation. (b) Subpart 66.01 in Part 66 of this subchapter shall be applicable
67.01-30 Equivalents. to all private aids to navigation erected on or over the Outer
Continental Shelf in the same manner and to the same extent as
Subpart 67.05-General Requirements For Lights they are applicable to private aids to navigation established,
erected, or maintained in the waters under the jurisdiction of the
67.05-1 Arrangement Of Obstruction Lights. United States.
67.05-5 Multiple Obstruction Lights.
67.05-10 Characteristics Of Obstruction Lights. 67.01-5 Definitions.
67.05-15 Operating Periods Of Obstruction Lights. (a) Structures. The term structures as used in this part shall
67.05-20 Minimum Lighting Requirements. include all fixed structures, temporary or permanent, for which a
67.05-25 Special Lighting Requirements. Corps of Engineers' permit is issued. It shall include, but is not
necessarily limited to, all drilling platforms, Mobile Offshore
Subpart 67.10-General Requirements For Fog Drilling Units (MODUs) when attached to the bottom, production
Signals platforms, quarters platforms, pipe line riser platforms, manifold
platforms, loading platforms, boat landings, caissons, well
67.10-1 Apparatus Requirements. protective structures, tank battery barges submerged on station,
67.10-5 Location Requirements. drilling barges submerged on location, breakwater barges
67.10-10 Operating Requirements. submerged on location, artificial islands and all other piles, pile
clusters, pipes, or structures erected in the waters.
Subpart 67.15-Miscellaneous Marking
Requirements (b) Class A, B, or C structures. The term Class A, B, or
C structures refers to the classification assigned to structures
67.15-1 Lights And Signals On Attendant Vessels. erected in areas in which corresponding requirements for marking
67.15-5 Seismographic And Surveying Operations. are prescribed.
67.15-10 Spoil Banks, Artificial Islands, And Dredged Channels.
(c) Line of demarcation. The term line of demarcation means
Subpart 67.20-Class "A" Requirements the dividing line used administratively to distinguish between the
areas in which structures shall conform to Class A and Class B
67.20-1 Class "A" Structures. or C requirements.
67.20-5 Obstruction Lights.
67.20-10 Sound Signal. (d) Outer Continental Shelf. The term Outer Continental Shelf
means all submerged lands lying seaward and outside the area of
Subpart 67.25-Class "B" Requirements lands beneath navigable waters as defined in the Submerged
Lands Act (sec. 2, 67 Stat. 29, 43 U. S. C. 1301), and of which the
67.25-1 Class "B" Structures.
subsoil and seabed appertain to the United States and are subject
67.25-5 Obstruction Lights.
to its jurisdiction and control.
67.25-10 Sound Signal.
(e) Reliable operation. The term reliable as used in this part
Subpart 67.30-Class "C" Requirements shall mean that dependability which will insure to the highest
67.30-1 Class "C" Structures. degree reasonably possible the uninterrupted operation of lights
67.30-5 Obstruction Lights. and sound signals as private aids to navigation for safety of
67.30-10 Sound Signals. marine commerce.

Subpart 67.50-District Regulations (f) Sound signal. The term sound signal as used in this part
shall mean the audible sound signal, authorized as a private aid
67.50-1 Scope. to navigation, to mark a structure for the safety of marine
67.50-25 Eighth Coast Guard District. commerce whenever the visibility has been reduced by fog, mist,
67.50-35 Eleventh Coast Guard District. rain, falling snow, smoke, dust, or other phenomena.

Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR
Homeland Security Delegation No. 0170.1. 63-18, 28 FR 4026, Apr. 14, 1963; USCG-2001-10714, 69 FR
24983, May 5, 2004]
Source: CGFR 58-17, 23 FR 3377, May 20, 1958, unless
otherwise noted. 67.01-10 Delegation of functions.
The Coast Guard District Commander may delegate the authority
Editorial Note: Nomenclature changes to part 67 appear by for performing inspections, enforcement, and administration of
USCG-2001-10714, 69 FR 24983, 24984, May 5, 2004. regulations to any civilian or military position in the Coast Guard.
__________________________________________
[USCG-2001-10714, 69 FR 24983, May 5, 2004]
Subpart 67.01-General Requirements
54
67.01-15 Classification of structures. any one side, or in diameter, shall be required to have an
(a) When will structures be assigned to a Class? The District obstruction light on each corner, or 90 apart in the case of
Commander will assign structures to Class A, B, or C as part of circular structures, or as prescribed by the District Commander,
processing an application for a permit to establish and operate each light to have a 360 lens.
lights and sound signals.
(d) Where the overall dimensions of a structure require the
(b) In general, where will the different classes of structures be installation of two or more obstruction lights, the lights shall all be
located? Specific criteria in paragraph (c) of this section may mounted on the same horizontal plane within the limitations of
create exceptions, but, in general, structures the farthest from height specified in 67.20-5, 67.25-5, or 67.30-5, as
shore are likely to be assigned to Class A and required to have applicable.
obstruction lights and sound signals that can be detected from the
farthest distance. Structures closest to shore are likely to be (e) Lesser structures and piles, pile clusters or flare templates,
assigned to Class C and, while subject to requirements to ensure etc., will not normally be required to be marked by obstruction
that they are also detectable from a safe distance away, will be lights, when they are located within 100 yards of a Class A, B
required to have the least powerful obstruction lights or sound or C structure marked by established obstruction lights, but they
signals. The location and standards for Class B structures will shall be marked with red or white retro-reflective material,
generally be in between Class A and C structures. installed as prescribed by the District Commander.

(c) What criteria will be used to classify structures? When (f) All obstruction lights shall be installed in a manner which will
assigning a structure to a class, the District Commander will take permit at least one of them to be carried in sight of the mariner,
into consideration whether a line of demarcation has been regardless of the angle of approach, until the mariner is within 50
prescribed, and matters concerning, but not necessarily limited to, feet of the structure, visibility permitting.
the dimensions of the structure and the depth of water in which it
is located, the proximity of the structure to vessel routes, the [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-
nature and amount of vessel traffic, and the effect of background 2001-10714, 69 FR 24983, May 5, 2004]
lighting.
67.05-5 Multiple Obstruction Lights.
(1) If a line of demarcation has been prescribed, the District When more than one obstruction light is required by this part to
Commander will assign those structures seaward of the line of mark a structure, all such lights shall be operated to flash in
demarcation to Class A. He or she will assign all structures unison.
shoreward of the line of demarcation to either Class B or Class C,
unless the District Commander determines under 67.05-25 that 67.05-10 Characteristics Of Obstruction Lights.
the structure should be assigned to Class A because of the All obstruction lights required by this part shall be powered from a
structure's proximity to a navigable channel, fairway or line of reliable power source, including auxiliary power sources as
demarcation. necessary. They shall display a quick-flash characteristic of
approximately 60 flashes per minute, unless prescribed otherwise
(2) If a line of demarcation has not been prescribed, the District in the permit issued by the District Commander. Their color shall
Commander will assign a structure to Class A, B, or C as he or be white when marking Class "A" and "B" structures, and either
she deems appropriate. white or red, as prescribed by the District Commander, when
marking Class "C" structures. In determining whether white or red
[USCG-2001-10714, 69 FR 24983, May 5, 2004] lights shall be authorized, the District Commander shall take into
consideration matters concerning, but not necessarily limited to,
67.01-20 Prescribing Lines Of Demarcation. the dimensions of the structure and the depth of water in which it
The District Commander sends recommendations for establishing is located; the proximity of the structure to vessel routes; the
or changing lines of demarcation to the Commandant. For the nature and amount of vessel traffic; and the effect of background
purposes of this part, when the Commandant approves of lighting.
additions to or changes in prescribed lines of demarcation, such
additions or changes will be published in the Federal Register and 67.05-15 Operating Periods Of Obstruction Lights.
will become effective on the date specified in that publication. Obstruction lights shall be displayed at all times between the
hours of sunset and sunrise, local time, commencing at the time
[USCG-2001-10714, 69 FR 24983, May 5, 2004]. the construction of a structure is begun. During construction and
until such time as a platform capable of supporting the obstruction
67.01-30 Equivalents. lights is completed, the fixed lights on an attending vessel shall be
The use of alternate equipment, apparatus, or installation used. In addition, when lights are in use for general illumination to
arrangements specified in this part may be permitted by the facilitate the construction or operation of a structure, and can be
District Commander to such extent and under such conditions as seen from any angle of approach at a distance equal to that
will result in achieving a degree of safety or compliance with these prescribed for the obstruction lights for the class of structure, the
regulations equivalent to or above the minimum requirements set actual operation of obstruction lights also will not be required.
forth in this part.
[CGFR 58-34, 23 FR 7701, Oct. 4, 1958]
Subpart 67.05-General Requirements For Lights
67.05-20 Minimum Lighting Requirements.
67.05-1 Arrangement Of Obstruction Lights. The obstruction lighting requirements prescribed in this part are
(a) Structures having a maximum horizontal dimension of 30 feet the minimum requirements only and shall not preclude the
or less on any one side, or in diameter, shall be required to have maintainer from making application for authorization to establish
one obstruction light visible for 360. more lights, or lights of greater intensity than required to be visible
at the distances prescribed: Provided, That the prescribed
(b) Structures having a maximum horizontal dimension of over 30 characteristics of color and flash duration are adhered to.
feet, but not in excess of 50 feet, on any one side, or in diameter,
shall be required to have two obstruction lights installed on 67.05-25 Special Lighting Requirements.
diagonally opposite corners, 180 apart, or as prescribed by the Whenever a structure is erected in a position on or adjacent to the
District Commander, each light to have a 360 lens. edges of navigable channels and fairways, or lines of demarcation,
the District Commander is authorized to require the structure to
(c) Structures having a horizontal dimension of over 50 feet on be marked by the lights which in his judgment are necessary for

55
the safety of marine commerce, and without regard to the fact that [CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by USCG-
the structure may be located in an area in which either Class "B" 2001-10714, 69 FR 24983, May 5, 2004].
or Class "C" requirements are otherwise applicable. The
requirements for the lights in any of these cases, shall not exceed Subpart 67.15-Miscellaneous Marking
those established for structures in the Class "A" areas. Requirements
Subpart 67.10-General Requirements For Sound 67.15-1 Lights and signals on attendant vessels.
Signals The requirements prescribed by this part apply to structures. The
barges, vessels, and other miscellaneous floating plants in
[CGD 72-74R, 37 FR 13512, July 8, 1972, unless otherwise noted] attendance must display lights and signals under the International
Navigational Rules Act of 1977 (33 U.S.C. 1601-1608) that
67.10-1 Apparatus Requirements. adopted the International Regulations for Preventing Collisions at
The sound signal required by 67.20-10, 67.25-10, and 67.30-10 Sea, 1972 (72 COLREGS), or the Inland Navigational Rules Act
must: of 1980 (33 U.S.C. 2001-2038). When vessels are fixed to or
submerged onto the seabed, however, they become structures as
(a) Have its maximum intensity at a frequency between 100 and described in 67.01-5.
1,100 Hertz;
[USCG-2001-10714, 69 FR 24983, May 5, 2004]
(b) Sound a 2-second blast every 20 seconds (2 seconds sound,
18 seconds silence) unless otherwise authorized by the District 67.15-5 Seismographic And Surveying Operations.
Commander; All stakes, casings, pipes, and buoys, except bamboo poles and
wooden stakes less than 2 inches in diameter, placed in the water
(c) Have the rated range required by 67.20-10, 67.25-10, or to facilitate seismographic or surveying operations shall be
67.30-10; marked, in the manner prescribed by the District Commander, for
the safety of navigation.
(d) Have a height not exceeding 25 feet;
67.15-10 Spoil banks, artificial islands, and dredged
(e) Have not more than eight sound sources; channels.
(a) All submerged spoil banks, or artificial islands resulting from
(f) Be approved by the Coast Guard under 67.10-15; and the dredging of private channels, laying of pipelines, or any other
private operation, and all privately dredged channels which, in the
(g) Be permanently marked with: judgment of the District Commander are required to be marked by
aids to navigation, shall be marked by private aids to navigation
(1) The date of Coast Guard approval; conforming to the standard United States system of aids to
navigation characteristics described in subpart B of part 62 of this
(2) The manufacturer and date of manufacture; subchapter.

(3) A model designation; (b) To receive a permit to establish and maintain a private aid to
navigation for the purposes described in paragraph (a) of this
(4) The approved range; and section, submit your application to the District Commander. The
District Commander will review all applications and issue all
(5) The power necessary to comply with the provisions of permits.
paragraph (c) of this section.
[USCG-2001-10714, 69 FR 24983, May 5, 2004]
67.10-5 Location Requirements.
The sound signal required by 67.20-10, 67.25-10, and 67.30-10 Subpart 67.20Class A Requirements
must:
67.20-1 Class A Structures.
(a) Be located on the structure so that the sound signal produced Class A structures shall be the structures erected in an area
is audible over 360 in a horizontal plane at all ranges up to and where Class A requirements must be met.
including the required rated range; and
67.20-5 Obstruction Lights.
(b) Be located at least 10 feet but not more than 150 feet above The obstruction lights shall be white lights as prescribed in
mean high water. Subpart 67.05 of this part. The lights shall be of sufficient
candlepower as to be visible at a distance of at least five nautical
67.10-10 Operating Requirements. miles 90 percent of the nights of the year. The lights shall be
(a) Sound signals required by 67.20-10, 67.25-10, and 67.30- displayed not less than 20 feet above mean high water, but not at
10 must be operated continuously, regardless of visibility, unless a height greater than that governed by the requirement in 67.05-
the sound signal is controlled: 1(f) that mariners be able to see at least one of the lights,
regardless of the angle of approach, until within 50 feet of the
(1) By an attendant on the structure; structure, visibility permitting.

(2) Remotely by an attendant on a nearby structure; or [CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by USCG-
2001-10714, 69 FR 24983, May 5, 2004]
(3) By a fog detection device capable of activating the sound
signal when the visibility in any direction is reduced to the rated 67.20-10 Sound Signal.
range at which sound signal operation is required by this part. (a) The owner of a Class A structure shall:

(b) During construction and until such time as a sound signal is (1) Install a sound signal that has a rated range of at least 2 miles;
installed and operating on a platform, the whistle of an attending and,
vessel moored alongside the platform may be used to sound the
signal required for the structure by this part. (2) Operate the sound signal when the visibility in any direction is
less than 5 miles.

56
(b) The District Commander may waive any requirements in Subpart 67.30 Class C Requirements
paragraph (a) of this section if he or she finds that a structure is
so close to other structures and so enveloped by the sound 67.30-1 Class "C" Structures.
signals on other structures that it is not a hazard to navigation. Class "C" structures shall be the structures erected in an area
where Class "C" requirements must be met.
[CGD 72-74R, 37 FR 13513, July 8, 1972, as amended by USCG-
2001-10714, 69 FR 24984, May 5, 2004] 67.30-5 Obstruction Lights.
(a) The obstruction lights shall be white or red lights as prescribed
67.25-1 Class B Structures. in Subpart 67.05 of this part and shall be of sufficient candlepower
Class B structures shall be the structures erected in an area as to be visible at a distance of at least one nautical mile 90
where Class B requirements must be met. percent of the nights of the year. The lights shall be displayed at
such height, above mean high water, as shall be prescribed by
67.25-5 Obstruction Lights. the District Commander. When the District Commander shall
(a) The obstruction lights shall be white lights as prescribed in authorize red lights to mark a Class C structure, the color
Subpart 67.05 of this part and shall be of sufficient candlepower thereof shall conform to the shade of red prescribed in Military
as to be visible at a distance of at least three nautical miles 90 Specification Mil-C-25050 (ASG), Type 1, Grade D. A copy of the
percent of the nights of the year. The lights shall be displayed not specification may be obtained from the Commanding Officer,
less than 20 feet above mean high water, but not at a height Document Automation and Production Service, 700 Robbins
greater than that specified in 67.05-1(f), except that on Class B Avenue, Building 4, Section D, Philadelphia, PA 19111-5091.
structures which are required to be marked by only one light, that
light may be displayed not less than 10 feet above mean high (b) When Class C structures are erected in close proximity to
water if the structural features preclude mounting the light within each other, or are connected in such a manner as to prevent
the range of heights otherwise specified in this section. marine traffic from passing freely through the field, obstruction
lights may be authorized to mark the perimeter structures only,
(b) The District Commander may waive the requirement for when in the judgment of the District Commander the group of
obstruction lights on Class B structures if there is no hazard to structures which are equipped with obstruction lights are so
navigation by so doing. arranged that the particular structures are protected to the degree
required by this part, and are not a hazard to navigation.
[CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR
62-32, 27 FR 10101, Oct. 13, 1962] (c) Unless advised to the contrary by the District Commander,
obstruction lights shall be required on Class C structures
67.25-10 Sound Signal. erected in depths of water greater than 3 feet at mean low water.
(a) The owner of a Class B structure shall:
(d) In cases where, although not required, an applicant desires to
(1) Install a sound signal that has a rated range of at least one- establish and operate obstruction lights, a permit therefor shall be
half mile, except that the District Commander may granted, at the discretion of the District Commander: Provided,
That the lights meet the requirements set forth in this part.
(i) Prescribe a greater rated range, not to exceed 2 miles, under
the provisions of paragraph (b) of this section; or [CGFR 58-34, 23 FR 7701, Oct. 4, 1958, as amended by CGFR
68-95, 33 FR 15285, Oct. 15, 1968; USCG-2001-10714, 69 FR
(ii) Exempt the structure from the requirements of this paragraph, 24983, 24984, May 5, 2004]
under the provisions of paragraph (c) of this section;
67.30-10 Sound Signals.
(2) Operate the sound signal when the visibility in any direction is (a) The owner of a Class "C" structure shall install a sound signal
less than 3 miles, unless the District Commander establishes a if:
greater or lesser distance of visibility, not to exceed 5 miles, under
the provisions of paragraph (b) or (c) of this section. (1) The structure is erected on or adjacent to the edge of a:

(b) The owner of a Class B structure shall install a sound signal (1)(i) Navigable channel;
with a greater rated range or operate it at times of greater visibility
than required in paragraph (a) of this section if: (1)(ii) Fairways; or

(1) The structure is erected on or adjacent to the edge of a: (1)(iii) Line of demarcation; and

(i) Navigable channel; (2) The District Commander decides it is necessary for the safety
of marine commerce.
(ii) Fairway; or
(b) Sound signals required by paragraph (a) of this section must
(iii) Line of demarcation; and have rated range of at least one-half mile, unless the District
Commander prescribes a greater range, not to exceed 2 miles.
(2) The District Commander decides a greater range or operation
of the sound signal at times of greater visibility is necessary for (c) The owner of the structure shall operate the sound signal
the safety of marine commerce. required by paragraph (a) of this section whenever the visibility in
any direction is less than 3 miles, unless the District Commander
(c) The District Commander may waive or relax the provisions of establishes a greater or lesser distance of visibility, not to exceed
paragraph (a) of this section, if he or she finds that a structure is: 5 miles.

(1) So close to other structures and so enveloped by the sound (d) Class "C" structures may have sound signals if:
signals on other structures that it is not a hazard to navigation; or
(1) Authorized by the District Commander under the provisions of
(2) So located in a shoal area that it is not a hazard to navigation. Subpart 66.01 of this subchapter; and

[CGD 72-74R, 37 FR 13513, July 8, 1972, as amended by USCG- (2) The sound signal meets the requirements of 67.10-1(a) and
2001-10714, 69 FR 24983, 24984, May 5, 2004] (b).

57
[CGD 72-74R, 37 FR 13513, July 8, 1972] thence to;

Subpart 67.50 District Regulations (1)(xvi) A point at latitude 2852'.6 N., longitude 8925'.9 W.,
thence via the 10 fathom curve to;
67.50-1 Scope.
(a) The regulations in this subpart shall apply to the structures (1)(xvii) A point at latitude 2900' N., longitude 8934'.0 W.,
which are located within the boundaries of the Coast Guard thence to;
districts hereinafter defined.
(1)(xviii) A point at latitude 2900' N., longitude 9005'.0 W.,
(b) Geographic coordinates expressed in terms of latitude or thence to;
longitude, or both, are not intended for plotting on maps or charts
whose referenced horizontal datum is the North American Datum (1)(xix) A point at latitude 2846'.3 N., longitude 9107'.5 W.,
of 1983 (NAD 83), unless such geographic coordinates are thence to;
expressly labeled NAD 83. Geographic coordinates without the
NAD 83 reference may be plotted on maps or charts referenced (1)(xx) A point at latitude 2911'.5 N., longitude 9221'.0 W.,
to NAD 83 only after application of the appropriate corrections thence to;
that are published on the particular map or chart being used.
(1)(xxi) A point at latitude 2929'.0 N., longitude 9232'.3 W.,
[CGD 86-082, 52 FR 33810, Sept. 8, 1987] thence via the 5 fathom curve to;

67.50-25 Eighth Coast Guard District. (1)(xxii) A point at latitude 2941'.2 N., longitude 9319'.9 W.,
(a) Description. See 3.40-1 of this chapter. thence to;

(b) Lines of demarcation. The two lines of demarcation (1)(xxiii) A point at latitude 2938'.7 N., longitude 9349'.4 W.,
described in this section are for administrative purposes to thence to;
distinguish between the areas in which structures shall be subject
to Class "A", "B" or "C" requirements. The primary line of (1)(xxiv) A point on the 5 fathom curve at latitude 2935'.8 N.,
demarcation delimits the areas to the seaward of which Class "A" longitude 9400" W., thence via the 5 fathom curve to;
requirements are imposed. The secondary line of demarcation
delimits the areas to the shoreward of which Class "C" (1)(xxv) A point at latitude 2926'.7 N., longitude 9430'.0 W.,
requirements are imposed. In those areas where no secondary thence to;
line of demarcation is prescribed, the structures shoreward of the
primary line of demarcation are considered to be Class "C" (1)(xxvi) A point at latitude 2855'.3 N., longitude 9516'.3 W.,
structures. Class "B" requirements are imposed on the structures thence to;
in the areas between the two lines of demarcation.
(1)(xxvii) A point at latitude 2854'.9 N., longitude 9515'.6 W.,
(1) The coordinates of the primary line of demarcation within the thence to;
jurisdiction of the District Commander are as follows:
(1)(xxviii) A point at latitude 2819'.3 N., longitude 9623'.3 W.,
(1)(i) Commencing at a point at Lat. 3011'.3 N., Long. 8803'.0 thence to;
W., thence to;
(1)(xxix) A point at latitude 2749'.5 N., longitude 9701'.2 W.,
(1)(ii) A point at Lat. 3011'.5 N., Long. 8831'.7 W., thence to; thence to;

(1)(iii) A point at Lat. 3012'.7 N., Long. 8858'.0 W., thence to; (1)(xxx) A point on the 10 fathom curve at latitude 2730'.0 N.,
longitude 9710'.0 W., thence via the 10 fathom curve to;
(1)(iv) A point due west of (iii) at Long. 8900' W., thence to;
(1)(xxxi) A point at latitude 2700' N., longitude 9717'.5 W.,
(1)(v) A point at Lat. 3008'.0 N., Long. 8900' W., thence to; thence to;

(1)(vi) A point at Lat. 3004'.7 N., Long. 8853'.7 W., thence via a (1)(xxxii) A point at latitude 2604'.1 N., longitude 9708'.6 W.
line two miles to seaward around Chandeleur Island to;
(2) The coordinates of the secondary line of demarcation within
(1)(vii) A point at Lat. 2934'.0 N., Long. 8900' W., thence to; the jurisdiction of the District Commander are as follows:

(1)(viii) A point at Lat. 2915'.0 N., Long. 8900' W., thence to; (2)(i) Commencing at a point in Breton Sound at Lat. 2934'.0 N.,
Long. 8900'.0 W., thence to;
(1)(ix) A point at Lat. 2914'.0 N., Long. 8857'.7 W., thence to;
(2)(ii) A point at Lat. 2930'.0 N., Long. 8910'.0 W., thence to;
(1)(x) A point at Lat. 2910'.0 N., Long. 8857'.0 W., thence to;
(2)(iii) A point at Lat. 2920'.9 N., Long. 8910'.0 W., thence to;
(1)(xi) A point at Lat. 2903'.6 N., Long. 8902'.3 W., thence via
the five fathom curve to; (2)(iv) A point at Lat. 2915'.3 N., Long. 8904'.0 W., thence to;

(1)(xii) A point at latitude 2858'.1 N., longitude 8909'.6 W., (2)(v) A point at Lat. 2914'.1 N., Long. 8859'.0 W., thence to;
thence to;
(2)(vi) A point at Lat. 2908'.6 N., Long. 8858'.3 W., thence to;
(1)(xiii) A point at latitude 2857'.8 N., longitude 8913'.6 W.,
thence to; (2)(vii) A point at Lat. 2902'.1 N., Long. 8906'.6 W., thence to;

(1)(xiv) A point at latitude 2857'.8 N., longitude 8919'.5 W., (2)(viii) A point at Lat. 2858'.1 N., Long. 8908'.4 W., thence to;
thence to;
(2)(ix) A point at Lat. 2901'.1 N., Long. 8916".1 W., thence to;
(1)(xv) A point at latitude 2853'.8 N., longitude 8925'.7 W.,

58
(2)(x) A point at Lat. 2853'.7 N., Long. 8926'.0 W., thence to; (2)(xlvii) A point at Lat. 2855'.3 N., Long. 9517'.9 W., thence to;

(2)(xi) A point at Lat. 2854'.3 N., Long. 8927'.5 W., thence to; (2)(xlviii) A point at Lat. 2839'.5 N., Long. 9548'.4 W., thence to;

(2)(xii) A point at Lat. 2902'.2 N., Long. 8924'.2 W., thence to; (2)(xlix) A point at Lat. 2832'.1 N., Long. 9606'.9 W., thence to;

(2)(xiii) A point at Lat. 2911'.8 N., Long. 8930'.0 W., thence to; (2)(l) A point at Lat. 2826'.4 N., Long. 9617'.8 W., thence to;

(2)(xiv) A point at Lat. 2917'.9 N., Long. 8946'.6 W., thence to; (2)(li) A point at Lat. 2823'.6 N., Long. 9621'.5 W., thence to;

(2)(xv) A point at Lat. 2917'.1 N., Long. 8950'.8 W., thence to; (2)(lii) A point at Lat. 2819'.7 N., Long. 9623'.3 W., thence to;

(2)(xvi) A point at Lat. 2914'.5 N., Long. 8955'.1 W., thence to; (2)(liii) A point at Lat. 2819'.3 N., Long. 9625'.2 W., thence to;

(2)(xvii) A point at Lat. 2910'.9 N., Long. 9002'.9 W., thence to; (2)(liv) A point at Lat. 2814'.8 N., Long. 9635'.0 W., thence to;

(2)(xviii) A point at Lat. 2905'.5 N., Long. 9010'.0 W., thence to; (2)(lv) A point at Lat. 2809'.1 N., Long. 9643'.8 W., thence to;

(2)(xix) A point at Lat. 2904'.5 N., Long. 9012'.0 W., thence to; (2)(lvi) A point at Lat. 2802'.4 N., Long. 9652'.2 W., thence to;

(2)(xx) A point at Lat. 2902'.0 N., Long., 9020'.8 W., thence to; (2)(lvii) A point at Lat. 2756'.2 N., Long. 9658'.3 W., thence to;

(2)(xxi) A point at Lat. 2901'.9 N., Long. 9024'.9 W., thence to; (2)(lviii) A point at Lat. 2752'.8 N., Long. 9701'.1 W., thence to;

(2)(xxii) A point at Lat. 2903'.6 N., Long. 9032'.8 W., thence to; (2)(lix) A point at Lat. 2749'.3 N., Long. 9703'.0 W., thence to;

(2)(xxiii) A point at Lat. 2901'.9 N., Long. 9041'.7 W., thence to; (2)(lx) A point at Lat. 2746'.4 N., Long. 9705'.6 W., thence to;

(2)(xxiv) A point at Lat. 2900'.8 N., Long. 9050'.0 W., thence to; (2)(lxi) A point at Lat. 2738'.9 N., Long. 9710'.6 W., thence to;

(2)(xxv) A point at Lat. 2902'.4 N., Long. 9101'.5 W., thence to; (2)(lxii) A point at Lat. 2728'.3 N., Long. 9716'.2 W., thence to;

(2)(xxvi) A point at Lat. 2928'.5 N., Long. 9210'.1 W., thence to; (2)(lxiii) A point at Lat. 2721'.9 N., Long. 9718'.9 W., thence to;

(2)(xxvii) A point at Lat. 2931'.1 N., Long. 9221'.8 W., thence to; (2)(lxiv) A point at Lat. 2713'.7 N., Long. 9721'.2 W., thence to;

(2)(xxviii) A point at Lat. 2934'.1 N., Long. 9239'.3 W., thence to; (2)(lxv) A point at Lat. 2705'.4 N., Long. 9722'.3 W., thence to;

(2)(xxix) A point at Lat. 2941'.1 N., Long. 9257'.2 W., thence to; (2)(lxvi) A point at Lat. 2657'.1 N., Long. 9722'.2 W., thence to;

(2)(xxx) A point at Lat. 2944'.6 N., Long. 9307'.9 W., thence to; (2)(lxvii) A point at Lat. 2648'.9 N., Long. 9720'.9 W., thence to;

(2)(xxxi) A point at Lat. 2945'.6 N., Long. 9313'.7 W., thence to; (2)(lxviii) A point at Lat. 2639'.1 N., Long. 9718'.1 W., thence to;

(2)(xxxii) A point at Lat. 2945'.6 N., Long. 9317'.3 W., thence to; (2)(lxix) A point at Lat. 2628'.8 N., Long. 0714'.3 W., thence to;

(2)(xxxiii) A point at Lat. 2944'.3 N., Long. 9321'.0 W., thence to; (2)(lxx) A point at Lat. 2618'.3 N., Long. 9711'.3 W., thence to;

(2)(xxxiv) A point at Lat. 2945'.3 N., Long. 9330'.0 W., thence to; (2)(lxxi) A point at Lat. 2611'.7 N., Long. 9710'.2 W., thence to;

(2)(xxxv) A point at Lat. 2943'.3 N., Long. 9343'.7 W., thence to; (2)(lxxii) A point at Lat. 2604'.8 N., Long. 9709'.3 W., thence to;

(2)(xxxvi) A point at Lat. 2941'.0 N., Long. 9348'.8 W., thence to; (2)(lxxiii) A point at Lat. 2604'.2 N., Long. 9708'.8 W., thence to;

(2)(xxxvii) A point at Lat. 2938'.8 N., Long. 9350'.8 W., thence to; (2)(lxxiv) A point at Lat. 2558'.3 N., Long. 9708'.3 W.

(2)(xxxviii) A point at Lat. 2940'.0 N.,Long. 9357'.3 W., thence to; (c) Seismographic and surveying operations.

(2)(xxxix) A point at Lat. 2939'.3 N., Long. 9405'.0 W., thence to; (1) All stakes and casings (pipes), except bamboo poles and
wooden stakes less than 2 inches in diameter, placed in the water
(2)(xl) A point at Lat. 2927'.0 N., Long. 9437'.0 W., thence to; during seismographic or surveying operations shall be marked
with flags during the daylight hours. Those casings remaining in
(2)(xli) A point at Lat. 2923'.1 N., Long. 9442'.6 W., thence to; place during the hours of darkness shall be marked by a red light
as prescribed in Subpart 67.30 of this part.
(2)(xlii) A point at Lat. 2920'.4 N., Long. 9441'.5 W., thence to;
(2) All buoys used during seismographic operations shall be
(2)(xliii) A point at Lat. 2906'.6 N., Long. 9504'.4 W., thence to; painted with international orange and white horizontal bands. The
buoys shall be of light construction in order that they will not
(2)(xliv) A point at Lat. 2904'.6 N., Long. 9505'.7 W., thence to; present a hazard to marine commerce.

(2)(xlv) A point at Lat. 2902'.0 N., Long. 9510'.0 W., thence to; (d) Spoil marking.

(2)(xlvi) A point at Lat. 2857'.3 N., Long. 9516'.2 W., thence to; (1) All submerged spoil resulting from the dredging of channels,
laying of pipelines, or any other operation, which constitutes an

59
obstruction to navigation, shall be properly marked. The spoil Department of the Army permit, shall be forwarded to the District
banks should be examined at frequent intervals in order that the Commander for those operations conducted under permits
changing conditions may be kept under control. As markers are authorizing the erection of structures in areas in which Class "A",
no longer required due to settling of banks, the Coast Guard will Class "B", or Class "C" requirements must be met.
authorize their removal upon application.
[CGFR 58-17, 23 FR 3377, May 20, 1958, as amended by CGFR
(2) All openings in such submerged spoil shall be marked by 61-40, 26 FR 10353, Nov. 3, 1961; CGFR 65-34, 30 FR 9485,
daybeacons on each side of the openings. When spoil is located July 29, 1965; CGFR 68-95, 33 FR 15285, Oct. 15, 1968; 65 FR
on each side of a channel or pipe line, each bank will be 40052, June 29, 2000; 66 FR 33637, June 25, 2001]
considered separately. The daybeacons shall be equipped with
arrows designating the safe water through the opening. These 67.50-35 Eleventh Coast Guard District.
daybeacons may also be used as channel markers for the
dredged channels providing they are also equipped with arrows (a) Description. See 3.55-1 of this chapter.
designating the spoil bank openings.
(b) Line of Demarcation. The line of demarcation described in
(3) When spoil banks constituting an obstruction to navigation this section is for administrative purposes to distinguish between
about an established traveled waterway, the outboard spoil bank the areas in which structures shall be subject to Class "A", "B", or
markers shall be equipped with quick flashing lights described in "C" requirements. The line delimits the areas to seaward of which
Subpart 67.30 of this part, except that the color shall be in class "A" requirements are imposed. The line of demarcation
accordance with the provisions of Subpart 62.25 of Part 62 of this within the jurisdiction of the District Commander is defined as
subchapter. follows:

(e) Applications. All applications for private aids to navigation (1) Commencing at a point of latitude 4159.8' N., longitude
and all correspondence dealing with private aids to navigation and 12419.5' W., thence southward along the seaward limit of the
obstruction lighting must be addressed to Commander (oan), territorial sea to;
Eighth Coast Guard District, Hale Boggs Federal Building, 501
Magazine Street, New Orleans, Louisiana 70130-3396. (2) A point at latitude 3232.0' N, longitude 11711.0' W.

(f) Enclosures. Applicants shall append on a separate sheet with (c) Structures located within a half nautical mile of Traffic
each application, the description, including manufacturer, of Separation Scheme Los Angeles/Long Beach will also be subject
obstruction lights and sound signals. to class "A" requirements. The traffic separation scheme is
depicted on National Ocean Service Charts 18740, 18720, 18725,
(g) Corps of Engineers correspondence. A copy of all 18746, 18721.
correspondence directed to the District Engineer, Corps of
Engineers, U.S. Army, in accordance with condition (i) of the [CGD11-86-02, 52 FR 37613, Oct. 8, 1987]

60
Part 70-Interference With Or Damage To Aids To
Navigation
Table of Contents obstruct by fastening vessels thereto or otherwise, or in any
manner whatever impair the usefulness of any aid to navigation
established and maintained by the United States.
Subpart 70.01-Interference With Aids To
Navigation 70.05-5 Penalty.
Every person and every corporation that shall violate, or that shall
Sec.
knowingly aid, abet, authorize, or instigate a violation of the
70.01-1 General Provisions.
provisions of 70.05-1 shall be guilty of a misdemeanor, and on
70.01-5 Penalty.
conviction thereof shall be punished by a fine of up to $25,000 per
day, or by imprisonment (in case of a natural person) for not less
Subpart 70.05-Collision With Or Damage To Aids than thirty days nor more than one year, or both, one half of such
To Navigation fine to be paid to the person or persons giving information which
shall lead to conviction.
70.05-1 General Provisions.
70.05-5 Penalty.
[CGFR 52-15, 18 FR 12, Jan. 1, 1953, as amended by USCG-
70.05-10 Revocation Of License.
2009-0416, 74 FR 27438, June 10, 2009]
70.05-15 Liability For Damages.
70.05-20 Report Required.
70.05-10 Revocation of merchant mariner credential officer
endorsement or license.
Authority: Secs. 14, 16, 30 Stat. 1152, 1153; secs. 84, 86, 92,
Every master, pilot, and engineer, or person or persons acting in
633, 642, 63 Stat. 500, 501, 503, 545, 547 (33 U.S.C. 408, 411,
such capacity, respectively, on board any boat or vessel who shall
412; 14 U.S.C. 84, 86, 92, 633, 642)
willfully injure or destroy an aid to navigation established and
maintained by the United States shall be deemed guilty of
Source: CGFR 52-15, 18 FR 12, Jan. 1, 1953, unless otherwise
violating the provisions of 70.05-1 and shall upon conviction be
noted.
punished as provided in 70.05-5 and shall also have his
merchant mariner credential officer endorsement or license
revoked or suspended for a term to be fixed by the judge before
Subpart 70.01-Interference With Aids To whom tried and convicted.
Navigation
[CGFR 52-15, 18 FR 12, Jan. 1, 1953, as amended by USCG-
70.01-1 General Provisions.
2006-24371, 74 FR 11211, Mar. 16, 2009]
No person, excluding the Armed Forces, shall obstruct or interfere
with any aid to navigation established and maintained by the
70.05-15 Liability For Damages.
Coast Guard, or any private aid to navigation established and
Any boat, vessel, scow, raft or other craft used or employed in
maintained in accordance with part 64, 66, 67, or 68 of this
violating any of the provisions of 70.05-1 shall be liable for the
subchapter.
pecuniary penalties specified in 70.05-5, and in addition thereto
for the amount of damage done by said boat, vessel, scow, raft or
[CGFR 58-17, 23 FR 3383, May 20, 1958]
other craft, which may be proceeded against summarily by way of
libel in any district court of the United States having jurisdiction
70.01-5 Penalty.
thereof.
Any person violating the provisions of this section shall be
deemed guilty of a misdemeanor and be subject to a fine not
70.05-20 Report Required.
exceeding the sum of $500 for each offense, and each day during
Whenever any vessel collides with an aid to navigation
which such violation shall continue shall be considered a new
established and maintained by the United States or any private
offense.
aid to navigation established or maintained in accordance with
Part 64, 66, 67, or 68 of this subchapter, or is connected with any
[CGFR 52-15, 18 FR 12, Jan. 1, 1953]
such collision, it shall be the duty of the person in charge of such
vessel to report the accident to the nearest Officer in Charge,
Subpart 70.05-Collision With Or Damage To Aids Marine Inspection, in accordance with 46 CFR 4.
To Navigation
[CGFR 58-17, 23 FR 3383, May 20, 1958, as amended by CGFR
70.05-1 General Provisions.
61-55, 26 FR 12572, Dec. 28, 1961; CGD 97-023, 62 FR 33362,
No person shall take possession of or make use of for any
June 19, 1997; 65 FR 40052, June 29, 2000]
purpose, or build upon, alter, deface, destroy, move, injure,

61
Part 72-Marine Information
Table of Contents published by the 1 st, 5 th, 7 th, 8 th, 9 th, 11 th, 13 th, 14 th, and
17 th Coast Guard districts; and
72.01-Notices To Mariners (3) Compiled from foreign notices to mariners, ship reports, and
Sec. similar cooperating observer reports.
72.01-1 Purpose.
72.01-5 Local Notice To Mariners. (b) "Notice to Mariners" is published weekly by the National
72.01-10 Notice To Mariners. Geospatial- Intelligence Agency. The "Notice to Mariners" is
72.01-15-72.01-20 [Reserved] prepared jointly by the:
72.01-25 Marine Broadcast Notice To Mariners.
72.01-30 Temporary Deficiencies. (1) Coast Guard;
72.01-35 Change Of Address.
72.01-40 Single Copies. (2) National Ocean Service; and

Subpart 72.05-Light Lists (3) National Geospatial-Intelligence Agency.

72.05-1 Purpose. (c) This notice may be accessed through the National Geospatial-
72.05-5 Sales Agencies. Intelligence Agency's Web site
72.05-10 Free Distribution. (http://msi.nga.mil/NGAPortal/MSI.portal); look for "Notice to
Mariners".
Authority: 14 U.S.C. 85, 633; 43 U.S.C. 1333; Department of
Homeland Security Delegation No. 0170.1. [CGD 97-023, 62 FR 33362, June 19, 1997, as amended by
USCG-2001-9286, 66 FR 33640, June 25, 2001; USCG-2001-
10714, 69 FR 24984, May 5, 2004; USCG-2009-0416, 74 FR
Subpart 72.01-Notices To Mariners 27438, June 10, 2009; USCG-2013-0397, 78 FR 39170, July 1,
2013]
72.01-1 Purpose.
The Coast Guard issues information concerning the 72.01-15 - 72.01-20 [Reserved]
establishment of aids to maritime navigation and the changes,
discontinuances, and deficiencies, except temporary deficiencies 72.01-25 Marine Broadcast Notice To Mariners.
that are easily correctable, of aids to maritime navigation (a) The Coast Guard broadcasts notices to mariners on its own or
maintained and operated by or under the authority of the Coast U.S. Navy radio stations to report navigational warnings
Guard in documents and marine broadcasts having the general containing information of importance to the safety of navigation of
title of Notice to Mariners. This subpart describes the vessels, such as the position of ice and derelicts, defects, and
publications and the marine broadcasts. changes to aids to navigation, and drifting mines. Radio stations
broadcasting marine information are listed in Radio Navigational
[CGD 70-147R, 37 FR 10669, May 26, 1972] Aids (National Geospatial-Intelligence Agency Publication 117)
and United States Coast Pilots.
72.01-5 Local Notice To Mariners.
(a) "Local Notice to Mariners" reports changes to and deficiencies (b) Any person may view or download "Radio Navigational Aids"
in aids to navigation that are established or maintained and from the National Geospatial-Intelligence Agency's Web site
operated by or under the authority of the Coast Guard, and any (http://msi.nga.mil/NGAPortal/MSI.portal); look for "Publications."
other information pertaining to the waterways within each Coast
Guard district that is of interest to the mariner. (c) Any person may purchase United States Coast Pilots from an
authorized agent listed at http://aeronav.faa.gov/agents.asp or
(b) "Local Notice to Mariners" is published weekly by each Coast authorized Print-on-Demand agent listed at
Guard district or more often if there is a need to notify mariners of http://www.nauticalcharts.noaa.gov/staff/charts.htm. Free on-line
local waterway information. Local Notice to Mariners is available versions, as well as weekly updates, are available directly from
for viewing on the Coast Guard Navigation Center Web site NOAA at http://www.nauticalcharts.noaa.gov/nsd/cpdownload.htm.
(http://www.navcen.uscg.gov/?pageName=lnmMain).
[CGD 97-023, 62 FR 33362, June 19, 1997; USCG-2001-9286,
(c) Any person may apply to the Coast Guard Navigation Center 66 FR 33640, June 25, 2001; USCG-2006-25150, 71 FR 39208,
to receive automatic notices via email when new editions of the July 12, 2006; USCG-2009-0416, 74 FR 27438, June 10, 2009;
Local Notice to Mariners are available. Register at USCG-2013-0397, 78 FR 39171, July 1, 2013]
http://www.navcen.uscg.gov/?pageName=LNMlistRegistration.
72.01-30 Temporary Deficiencies.
[CGD 70-147R, 37 FR 10669, May 26, 1972, as amended by Temporary deficiencies in aids to navigation are not published in
USCG-2001-10714, 69 FR 24984, May 5, 2004; USCG-2013- Notices to Mariners when it is known that the defects will be
0397, 78 FR 39170, July 1, 2013] corrected promptly.

72.01-10 Notice To Mariners. [CGFR 52-15, 18 FR 13, Jan. 1, 1953]


(a) Notice to Mariners is intended to advise mariners of new
hydrographic discoveries, changes in channels and navigational 72.01-35 [Removed and Reserved]
aids, and information concerning the safety of navigation. Notice
to Mariners also contains information 72.01-40 Single Copies.
Single copies of the "Notice to Mariners" described in 72.01-10
(1) Useful in updating the latest editions of charts and publications may be obtained or consulted at:
of the National Geospatial-Intelligence Agency, National Ocean
Service, U.S. Army Corps of Engineers, and Coast Guard; (a) Coast Guard District Commanders' Offices;

(2) Selected from the Local Notice to Mariners issued and (b) National Ocean Service Field Offices;

62
(c) The National Geospatial-Intelligence Agency; and information concerning mooring buoys and some special marks
having no lateral significance such as fish net, dredging, and
(d) Custom Houses. racing buoys.

[CGD 97-023, 62 FR 33362, June 19, 1997, as amended by (14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46) [CGFR 60-63, 25 FR
USCG-2013-0397, 78 FR 39171, July 1, 2013] 8949, Sept. 17, 1960, as amended by CGFR 63-48, 28 FR 10379,
Sept. 25, 1963; CGD 85-042, 50 FR 50904, Dec. 13, 1985; CGD
Subpart 72.05-Light Lists 88-105, 54 FR 12612, Mar. 28, 1989; 66 FR 33637, June 25,
2001]
72.05-1 Purpose.
(a) The Coast Guard publishes the following Light Lists annually, 72.05-5 Sales Agencies.
with the exception of Volume V, which is published biennially, Each volume of the Light List is for sale by commercial maritime
covering the waters of the United States, its territories and agents such as Horizon Nautical, New York Nautical and Safe
possessions: Navigation, or by the Superintendent of Documents, Government
Printing Office, and can be ordered online from the U.S.
(1) Volume I, Atlantic Coast, from St. Croix River, Maine, to Government Online Bookstore at http://bookstore.gpo.gov, by Fax
Shrewsbury River, New Jersey. at 202-512-2104, or by telephone at 202-512-1800. Send mail
orders including payment to U.S. Government Printing Office,
(2) Volume II, Atlantic Coast, from Shrewsbury River, New Jersey, Superintendent of Documents, P.O. Box 979050, St. Louis, MO
to Little River, South Carolina. 63197-9000. Notification of publication of a new edition of the
Light List is published in the "Local Notices to Mariners" and
(3) Volume III, Atlantic and Gulf Coasts, from Little River, South "Notice to Mariners" for the particular area that is covered as soon
Carolina, to Econfina River, Florida, including Puerto Rico and the as the edition is available for distribution.
U.S. Virgin Islands.
[USCG-2001-9286, 66 FR 33640, June 25, 2001, as amended by
(4) Volume IV, Gulf of Mexico, from Econfina River, Florida to Rio USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2013-
Grande, Texas. 0397, 78 FR 39171, July 1, 2013]

(5) Volume V, Mississippi River System. 72.05-10 Free Distribution.


Official copies are distributed free of charge to Federal, State, and
(6) Volume VI, Pacific Coast and Pacific Islands. foreign governments, municipalities, libraries and other public
institutions.
(7) Volume VII, Great Lakes.
Note to 72.05-10: You may also access Coast Guard Light List
(b) The Light Lists contain the official name, location, List data through the Coast Guard Navigation Center's Web site:
characteristics, and general description of federal, state, and (http://www.navcen.uscg.gov/?pageName=lightLists)
private aids to navigation maintained by or under authority of the
U.S. Coast Guard, which are placed in navigable waters used by (R.S. 501, as amended, sec. 5, 38 Stat. 75; 44 U.S.C. 82, 84)
general navigation. The Light Lists do not contain information
concerning private aids to navigation maintained under the [CGFR 51-15, 18 FR 13, Jan. 1, 1953, as amended by USCG-
authority of the U.S. Coast Guard, which are placed in navigable 2001-10714, 69 FR 24984, May 5, 2004; USCG-2013-0397, 78
waters not used by general navigation; nor do they contain FR 39171, July 1, 2013]

63
Part 74-Charges For Coast Guard Aids To Navigation Work
Table of Contents continued marking of the obstruction. All charges will be assessed
in accordance with Subpart 74.20 of this part.
Subpart 74.01-Charges To The Public
[CGD 81-051, 48 FR 15468, Apr. 11, 1983]
Sec.
74.01-1 Claim For Damage, Destruction, Or Displacement. 74.01-15 Charges For Placement Of Temporary Aids.
74.01-10 Charges Invoiced To Owner For Marking Sunken Charges for placement of temporary aids will be reimbursable and
Wrecks And Other Obstructions To Navigation. in accordance with Subpart 74.20 of this part. Where the
74.01-15 Charges For Placement Of Temporary Aids. placement of temporary aids other than those specified is made, a
74.01-20 Deposit Of Payment In Special Account. reasonable equivalence will be determined, and charges made
accordingly.
Subpart 74.20-Aids To Navigation Costs
74.01-20 Deposit Of Payment In Special Account.
74.20-1 Buoy And Vessel Use Costs. Whenever an aid to navigation or other property belonging to the
Coast Guard is damaged or destroyed by a private person, such
Authority: 14 U.S.C. 81, 85, 86, 92, 93, 141, 633, 642, 647; 49 person shall pay to the satisfaction of the Coast Guard the cost of
CFR 1.46(b). repair or replacement of such property. The Coast Guard will
accept and deposit such payment in a special account in the
Source: CGFR 58-50, 24 FR 5608, July 11, 1959, unless Treasury for payment therefrom of the cost of repairing or
otherwise noted. replacing the damaged property. Funds collected in excess of the
cost to make repairs or replacements shall be refunded.

Subpart 74.01-Charges To The Public Subpart 74.20-Aids To Navigation Costs


74.01-1 Claim For Damage, Destruction, Or Displacement.
74.20-1 Buoy And Vessel Use Costs.
Whenever an aid to navigation is damaged, destroyed, or
(a) The buoy and vessel use costs for establishing, maintaining,
displaced from its station, a claim shall be made on behalf of the
repairing, replacing, or removing an aid to navigation under the
United States in accordance with Part 25 of this title.
requirements of this part are contained in COMDTINST 7310
(series) which is available from the District Budget Office of the
[CGFR 70-7, 35 FR 4048, Mar. 4, 1970]
appropriate Coast Guard District Commander.
74.01-10 Charges Invoiced To Owner For Marking Sunken
(b) Buoy and vessel use charges under this part are made for the
Wrecks And Other Obstructions To Navigation.
cost or value of time, in hours, consumed by the Government
Charges for the establishment, maintenance, and replacement by
vessel, including ship's complement, employed in marking the
the Coast Guard of an aid, either permanent or temporary, to
obstruction. No charge for time and expense of Coast Guard
mark a sunken wreck or other obstruction to navigation are
vessels is made when the marking of the obstruction causes only
calculated to recover the Coast Guard costs involved in, or
minimal interruption of routinely scheduled ship's duty.
associated with, the marking process. These charges will be
invoiced to the owner of the obstruction. Charges for the removal
[CGD 81-051, 48 FR 15468, Apr. 11, 1983; 65 FR 40052, June 29,
of aids to navigation established by the Coast Guard will be
2000]
invoiced to the owner unless the District Engineer requests the

64
Part 80-COLREGS Demarcation Lines
Table of Contents 80.810 Cape San Blas, FL To Perdido Bay, FL.
80.815 Mobile Bay, AL To The Chandeleur Islands, LA.
80.825 Mississippi Passes, LA.
GENERAL 80.830 Mississippi Passes, LA To Point Au Fer, LA.
Sec. 80.835 Point Au Fer, LA To Calcasieu Pass, LA.
80.01 General Basis And Purpose Of Demarcation Lines. 80.840 Sabine Pass, TX To Galveston, TX.
80.845 Galveston, TX To Freeport, TX.
ATLANTIC COAST 80.850 Brazos River, TX To The Rio Grande, TX.

FIRST DISTRICT PACIFIC COAST


80.105 Calais, ME To Cape Small, ME. ELEVENTH DISTRICT
80.110 Casco Bay, ME.
80.115 Portland Head, ME To Cape Ann, MA. 80.1102 Santa Catalina Island, CA.
80.120 Cape Ann, MA To Marblehead Neck, MA. 80.1104 San Diego Harbor, CA.
80.125 Marblehead Neck, MA To Nahant, MA. 80.1106 Mission Bay, CA.
80.130 Boston Harbor Entrance. 80.1108 Oceanside Harbor, CA.
80.135 Hull, MA To Race Point, MA. 80.1110 Dana Point Harbor, CA.
80.145 Race Point, MA To Watch Hill, RI. 80.1112 Newport Bay, CA.
80.150 Block Island, RI. 80.1114 San Pedro Bay-Anaheim Bay, CA.
80.155 Watch Hill, RI To Montauk Point, NY. 80.1116 Redondo Harbor, CA.
80.160 Montauk Point, NY To Atlantic Beach, NY. 80.1118 Marina Del Rey, CA.
80.165 New York Harbor. 80.1120 Port Hueneme, CA.
80.170 Sandy Hook, NJ To Tom's River, NJ. 80.1122 Channel Islands Harbor, CA.
80.1124 Ventura Marina, CA.
FIFTH DISTRICT 80.1126 Santa Barbara Harbor, CA.
80.1130 San Luis Obispo Bay, CA.
80.501 Tom's River, NJ To Cape May, NJ. 80.1132 Estero-Morro Bay, CA.
80.503 Delaware Bay. 80.1134 Monterey Harbor, CA.
80.505 Cape Henlopen, DE, to Cape Charles, VA. 80.1136 Moss Landing Harbor, CA.
80.510 Chesapeake Bay Entrance, VA. 80.1138 Santa Cruz Harbor, CA.
80.515 Cape Henry, VA To Cape Hatteras, NC. 80.1140 Pillar Point Harbor, CA.
80.520 Cape Hatteras, NC To Cape Lookout, NC. 80.1142 San Francisco Harbor, CA.
80.525 Cape Lookout, NC To Cape Fear, NC. 80.1144 Bodega And Tomales Bay, CA.
80.530 Cape Fear, NC To New River Inlet, NC. 80.1146 Albion River, CA.
80.1148 Noyo River, CA.
SEVENTH DISTRICT 80.1150 Arcato-Humboldt Bay, CA.
80.1152 Crescent City Harbor, CA.
80.703 Little River Inlet, SC To Cape Romain, SC.
80.707 Cape Romain, SC To Sullivans Island, SC. THIRTEENTH DISTRICT
80.710 Charleston Harbor, SC.
80.712 Morris Island, SC To Hilton Head Island, SC. 80.1305 Chetco River, OR.
80.715 Savannah River. 80.1310 Rogue River, OR.
80.717 Tybee Island, GA To St. Simons Island, GA. 80.1315 Coquille River, OR.
80.720 St. Simons Island, GA To Amelia Island, FL. 80.1320 Coos Bay, OR.
80.723 Amelia Island, FL To Cape Canaveral, FL. 80.1325 Umpqua River, OR.
80.727 Cape Canaveral, FL To Miami Beach, FL. 80.1330 Siuslaw River, OR.
80.730 Miami Harbor, FL. 80.1335 Alsea Bay, OR.
80.735 Miami, FL To Long Key, FL. 80.1340 Yaquina Bay, OR.
80.1345 Depoe Bay, OR.
PUERTO RICO AND VIRGIN ISLANDS 80.1350 Netarts Bay, OR.
80.1355 Tillamook Bay, OR.
SEVENTH DISTRICT 80.1360 Nehalem River, OR.
80.1365 Columbia River Entrance, OR/WA.
80.738 Puerto Rico And Virgin Islands. 80.1370 Willapa Bay, WA.
80.1375 Grays Harbor, WA.
GULF COAST 80.1380 Quillayute River, WA.
80.1385 Strait Of Juan De Fuca
SEVENTH DISTRICT 80.1390 Haro Strait And Strait Of Georgia
80.1395 Puqet Sound And Adjacent Waters.
80.740 Long Key, FL To Cape Sable, FL.
80.745 Cape Sable, FL To Cape Romano, FL. PACIFIC ISLANDS
80.748 Cape Romano, FL To Sanibel Island, FL.
80.750 Sanibel Island, FL To St. Petersburg, FL. FOURTEENTH DISTRICT
80.753 St. Petersburg, FL To Anclote, FL.
80.755 Anclote, FL To The Suncoast Keys, FL. 80.1410 Hawaiian Island Exemption From General Rule.
80.757 Suncoast Keys, FL To Horseshoe Point, FL. 80.1420 Mamala Bay, Oahu, HI.
80.760 Horseshoe Point, FL To Rock Island, FL. 80.1430 Kaneohe Bay, Oahu, HI.
80.1440 Port Allen, Kauai, HI.
EIGHTH DISTRICT 80.1450 Nawiliwili Harbor, Kauai, HI.
80.1460 Kahului Harbor, Maui, HI.
80.805 Rock Island, FL To Cape San Blas, FL.

65
80.1470 Kawaihae Harbor, Hawaii, HI. east coast of Maine, New Hampshire, and Massachusetts from
80.1480 Hilo Harbor, Hawaii, HI. Portland Head to Halibut Point at Cape Ann.
80.1490 Apra Harbor, U.S. Territory Of Guam.
80.1495 U.S. Pacific Island Possessions. (b) A line drawn from the southernmost tower on Gerrish Island
charted in approximate position latitude 4304.0 N., longitude
ALASKA 7041.2 W. to Whaleback Light; thence to Jaffrey Point Light
2A; thence to the northeasternmost extremity of Frost Point.
SEVENTEENTH DISTRICT
(c) A line drawn from the northernmost extremity of Farm Point to
80.1705 Alaska.
Annisquam Harbor Light.
Authority: 14 U.S.C. 2; 14 U.S.C. 633; 33 U.S.C. 151(a).
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, and amended by CGD
Source: CGD 77-118a, 42 FR 35784, July 11, 1977, unless
84-091, 51 FR 7786, Mar. 6, 1986; USCG-2013-0397, 78 FR
otherwise noted. Redesignated by CGD 81-017, 46 FR 28154,
39171, July 1, 2013]
May 26, 1981.
80.120 Cape Ann, MA To Marblehead Neck, MA.
(a) Except inside lines specifically described in this section, the 72
GENERAL COLREGS shall apply on the harbors, bays and inlets on the east
80.01 General Basis And Purpose Of Demarcation Lines. coast of Massachusetts from Halibut Point at Cape Ann to
(a) The regulations in this part establish the lines of demarcation Marblehead Neck.
delineating those waters upon which mariners shall comply with
the International Regulations for Preventing Collisions at Sea, (b) A line drawn from Gloucester Breakwater Light to the twin
1972 (72 COLREGS) and those water upon which mariners shall towers charted in approximate position latitude 4235.1 N.,
comply with the Inland Navigation Rules. longitude 7041.6 W.

(b) The waters inside of the lines are Inland Rules waters. The (c) A line drawn from the westernmost extremity of Gales Point to
waters outside the lines are COLREGS waters. the easternmost extremity of House Island; thence to Bakers
Island Light; thence to Marblehead Light.
(c) Geographic coordinates expressed in terms of latitude or
longitude, or both, are not intended for plotting on maps or charts
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec.
whose referenced horizontal datum is the North American Datum
15, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26,
of 1983 (NAD 83), unless such geographic coordinates are
1981; USCG-2013-0397, 78 FR 39171, July 1, 2013]
expressly labeled NAD 83. Geographic coordinates without the
NAD 83 reference may be plotted on maps or charts referenced
80.125 Marblehead Neck, MA To Nahant, MA.
to NAD 83 only after application of the appropriate corrections
The 72 COLREGS apply on the harbors, bays, and inlets on the
that are published on the particular map or chart being used.
east coast of Massachusetts from Marblehead Neck to the
easternmost tower at Nahant, charted in approximate position
[CGD 82-029, 47 FR 19519, May 6, 1982, as amended by CGD
latitude 4225.4' N., longitude 7054.6' W.
83-003, 48 FR 7442, Feb. 18, 1983; CGD 86-082, 52 FR 33810,
Sept. 8, 1987]
[CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981]
ATLANTIC COAST
80.130 Boston Harbor Entrance.
FIRST DISTRICT A line drawn from the easternmost tower at Nahant, charted in
approximate position latitude 4225.4' N., longitude 7054.6' W.,
80.105 Calais, ME To Cape Small, ME.
to Boston Lighted Horn Buoy "B"; thence to the easternmost radio
The 72 COLREGS shall apply on the harbors, bays, and inlets on
tower at Hull, charted in approximate position latitude 4216.7' N.,
the east coast of Maine from International Bridge at Calais, ME to
longitude 7052.6' W.
the southwestern most extremity of Bald Head at Cape Small.

80.110 Casco Bay, ME. [CGD 79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by
(a) A line drawn from the southwesternmost extremity of Bald CGD 81-017, 46 FR 28154, May 26, 1981]
Head at Cape Small to the southeasternmost extremity of Ragged
Island; thence to the southern tangent of Jaquish Island thence to 80.135 Hull, MA To Race Point, MA.
Little Mark Island Monument Light; thence to the northernmost (a) Except inside lines described in this section, the 72 COLREGS
extremity of Jewell Island. apply on the harbors, bays, and inlets on the east coast of
Massachusetts from the easternmost radio tower at Hull, charted
(b) A line drawn from the tower on Jewell Island charted in in approximate position latitude 4216.7' N., longitude 7052.6' W.,
approximate position latitude 43 40.6 N., longitude 70 to Race Point on Cape Cod.
05.9 W. to the northeasternmost extremity of Outer Green
(b) A line drawn from Canal Breakwater Light 4 south to the
Island.
shoreline.
(c) A Line drawn from the southwesternmost extremity of Outer
[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD
Green Island to Ram Island Ledge Light; thence to Portland Head
79-066, 45 FR 15176, Mar. 10, 1980. Redesignated by CGD 81-
Light.
017, 46 FR 28154, May 26, 1981, and amended by CGD 84-091,
51 FR 7786, Mar. 6, 1986]
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by
80.145 Race Point, MA, To Watch Hill, RI.
USCG-2013-0397, 78 FR 39171, July 1, 2013]
(a) Except inside lines specifically described in this section, the 72
COLREGS shall apply on the sounds, bays, harbors, and inlets
80.115 Portland Head, ME To Cape Ann, MA.
along the coast of Cape Cod and the southern coasts of
(a) Except inside lines specifically described in this section, the 72
Massachusetts and Rhode Island from Race Point to Watch Hill.
COLREGS shall apply on the harbors, bays, and inlets on the

66
(b) A line drawn from Nobska Point Light to Tarpaulin Cove Light [CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec.
on the southeastern side of Naushon Island; thence from the 15, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26,
southernmost tangent of Naushon Island to the easternmost 1981; CGD 84-091, and amended by 51 FR 7786, Mar. 6, 1986.
extremity of Nashawena Island; thence from the southwestern Redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987;
most extremity of Nashawena Island to the easternmost extremity USCG-2014-0410, 79 FR 38431, July 7, 2014]
of Cuttyhunk Island; thence from the southwestern tangent of
Cuttyhunk Island to the tower on Gooseberry Neck charted in 80.165 New York Harbor.
approximate position latitude 41 29.1 N., longitude 71 A line drawn from East Rockaway Inlet Breakwater Light to Sandy
02.3 W. Hook Light.

(c) A line drawn from Sakonnet Breakwater Light 2 tangent to the [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
southernmost part of Sachuest Point charted in approximate CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
position latitude 4128.5 N., longitude 7114.8 W. FR 25218, July 6, 1987]

(d) An east-west line drawn through Beavertail Light between 80.170 Sandy Hook, NJ To Tom's River, NJ.
Brenton Point and the Boston Neck shoreline. (a) A line drawn from Shark River Inlet North Breakwater Light 2
to Shark River Inlet South Breakwater Light 1.
[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD
79-036, 44 FR 22458, Apr. 16, 1979. Redesignated by CGD 81- (b) A line drawn from Manasquan Inlet North Breakwater Light 4
017, 46 FR 28154, May 26, 1981, and amended by CGD 84-091, to Manasquan Inlet South Breakwater Light 3.
51 FR 7786, Mar. 6, 1986; USCG-2013-0397, 78 FR 39171, July
1, 2013] (c) A line drawn from Barnegat Inlet North Breakwater Light 4A to
the seaward extremity of the submerged Barnegat Inlet South
80.150 Block Island, RI. Breakwater; thence along the submerged breakwater to the
The 72 COLREGS shall apply on the harbors of Block Island. shoreline.

80.155 Watch Hill, RI To Montauk Point, NY. [CGD 87-008b, 52 FR 25218, July 6, 1987]
(a) A line drawn from Watch Hill Light to East Point on Fishers
Island. FIFTH DISTRICT
80.501 Tom's River, NJ To Cape May, NJ.
(b) A line drawn from Race Point to Race Rock Light; thence to (a) A line drawn from the seaward tangent of Long Beach Island
Little Gull Island Light thence to East Point on Plum Island. to the seaward tangent to Pullen Island across Beach Haven and
Little Egg Inlets.
(c) A line drawn from Plum Island Harbor East Dolphin Light to
Plum Island Harbor West Dolphin Light. (b) A line drawn from the seaward tangent of Pullen Island to the
seaward tangent of Brigantine Island across Brigantine Inlet.
(d) A line drawn from Plum Island Light to Orient Point Light;
thence to Orient Point. (c) A line drawn from the seaward extremity of Absecon Inlet.
(e) A line drawn from the lighthouse ruins at the southwestern end (d) A line drawn from the southernmost point of Longport at
of Long Beach Point to Cornelius Point. latitude 39 18.2 N., longitude 74 33.1 W. to the
northeasternmost point of Ocean City at latitude 3917.6 N.,
(f) A line drawn from Coecles Harbor Entrance Light to Sungic
Point. longitude 7433.1 W. across Great Egg Harbor Inlet.

(g) A line drawn from Nicholl Point to Cedar Island Light. (e) A line drawn parallel with the general trend of highwater
shoreline across Corson Inlet.
(h) A line drawn from Threemile Harbor West Breakwater Light to
Threemile Harbor East Breakwater Light. (f) A line formed by the centerline of the Townsend Inlet Highway
Bridge.
(i) A line drawn from Montauk West Jetty Light 1 to Montauk East
Jetty Light 2. (g) A line formed by the shoreline of Seven Mile Beach and
Hereford Inlet Light.
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec.
15, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26, (h) A line drawn from Cape May Inlet East Jetty Light 4 to Cape
1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986. May Inlet West Jetty Light 5.
Redesignated by CGD 87-008b, 52 FR 25218, July 6, 1987;
USCG-2012-0306, 77 FR 37312, June 21, 2012] [CGD 87-008b, 52 FR 25218, July 6, 1987, as amended by CGD
94-011, 63 FR 5731, Feb. 4, 1998; USCG-2000-7223, 65 FR
80.160 Montauk Point, NY To Atlantic Beach, NY. 40055, June 29, 2000; USCG-2013-0397, 78 FR 39171, July 1,
(a) A line drawn from the Shinnecock Inlet East Breakwater Light 2013]
to Shinnecock Inlet West Breakwater Light 1.
80.503 Delaware Bay.
(b) A line drawn from Moriches Inlet East Breakwater Light to A line drawn from Cape May Light to Harbor of Refuge Light;
Moriches Inlet West Breakwater Light. thence to the northernmost extremity of Cape Henlopen.

(c) A line drawn from the western most point on Fire Island to the [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
southernmost extremity of the spit of land at the western end of CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
Oak Beach. FR 25218, July 6, 1987]

(d) A line drawn from Jones Inlet Light 322 true across the 80.505 Cape Henlopen, DE, to Cape Charles, VA.
southwest tangent of the island on the north side of Jones Inlet to (a) A line drawn from the seaward extremity of Indian River Inlet
the shoreline. North Jetty to Indian River Inlet South Jetty Light.

67
(b) A line drawn from Ocean City Inlet Light 6, 225 true across (f) A line drawn from the seaward extremity of the jetty on the
Ocean City Inlet to the submerged south breakwater. northeast side of Masonboro Inlet to the seaward extremity of the
jetty on the southeast side of the Inlet.
(c) A line drawn from Assateague Beach Tower Light to the tower
charted at latitude 3752.6 N., longitude 7526.7 W. (g) Except as provided elsewhere in this section from Cape
(d) A line formed by the range of Wachapreague Inlet Light 3 and Lookout to Cape Fear, lines drawn parallel with the general trend
Parramore Beach Lookout Tower drawn across Wachapreague of the highwater shoreline across the entrance of small bays and
Inlet. inlets.

(e) A line drawn from the lookout tower charted on the northern [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
end of Hog Island to the seaward tangent of Parramore Beach. CGD 81-017, 46 FR 28154, May 26, 1981, and amended by CGD
84-091, 51 FR 7786, Mar. 6, 1986; USCG-2013-0397, 78 FR
(f) A line drawn 207 true from the lookout tower charted on the 39171, July 1, 2013]
southern end of Hog Island across Great Machipongo Inlet.
80.530 Cape Fear, NC To Little River Inlet, NC.
(g) A line formed by the range of the two cupolas charted on the (a) A line drawn from the abandoned lighthouse charted in
southern end of Cobb Island drawn across Sand Shoal Inlet. approximate position latitude 3352.4 N., longitude 7800.1 W.,
across the Cape Fear River Entrance to Oak Island Light.
(h) Except as provided elsewhere in this section from Cape
Henlopen to Cape Charles, lines drawn parallel with the general (b) Except as provided elsewhere in this section from Cape Fear
trend of the highwater shoreline across the entrances to small to Little River Inlet, lines drawn parallel with the general trend of
bays and inlets. the highwater shoreline across the entrance to small inlets.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, and amended by CGD CGD 81-017, 46 FR 28154, May 26, 1981, as amended by
84-091, 51 FR 7786, Mar. 6, 1986; USCG-2013-0397, 78 FR USCG-2013-0397, 78 FR 39171, July 1, 2013]
39171, July 1, 2013]
SEVENTH DISTRICT
80.510 Chesapeake Bay Entrance, VA.
A line drawn from Cape Charles Light to Cape Henry Light. 80.703 Little River Inlet, SC To Cape Romain, SC.
(a) A line drawn from the westernmost extremity of the sand spit
80.515 Cape Henry, VA To Cape Hatteras, NC. on Bird Island to the easternmost extremity of Waties Island
(a) A line drawn from Rudee Inlet Jetty Light 2 to Rudee Inlet Jetty across Little River Inlet.
Light 1.
(b) From Little River Inlet, a line drawn parallel with the general
(b) A line formed by the centerline of the highway bridge across trend of the highwater shoreline across Hog Inlet; thence a line
Oregon Inlet. drawn across the seaward ends of the Murrels Inlet jetties; thence
a line drawn parallel with the general trend of the highwater
80.520 Cape Hatteras, NC to Cape Lookout, NC. shoreline across Midway Inlet, Pawleys Inlet, and North Inlet.
(a) A line drawn from Hatteras Inlet Lookout Tower at latitude
3511.85' N., longitude 7543.9' W. 255 true to the eastern end (c) A line drawn from the charted position of Winyah Bay North
of Ocracoke Island. Jetty End Buoy 2N south to the Winyah Bay South Jetty.

(b) A line drawn from the westernmost extremity of Ocracoke (d) A line drawn from Santee Point to the seaward tangent of
Island at latitude 3504.0' N., longitude 7600.8' W. to the Cedar Island.
northeasternmost extremity of Portsmouth Island at latitude
3503.7' N., longitude 7602.3' W. (e) A line drawn from Cedar Island Point west to Murphy Island.

(c) A line drawn across Drum Inlet parallel with the general trend (f) A north-south line drawn from the northernmost extremity of
of the highwater shoreline. Cape Island Point to Murphy Island.

[USCG-2013-0397, 78 FR 39171, July 1, 2013] [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, and amended by CGD
80.525 Cape Lookout, NC To Cape Fear, NC. 89-068, 55 FR 31831, Aug. 6, 1990; USCG-2013-0397, 78 FR
(a) A line drawn from Cape lookout Light to the seaward tangent 39171, July 1, 2013]
of the southeastern end of Shackleford Banks.
80.707 Cape Romain, SC To Sullivans Island, SC.
(b) A line drawn from Morehead City Channel Range Front Light (a) A line drawn from the westernmost point on Cape Romain to
to the seaward extremity of the Beaufort Inlet west jetty. the southeasternmost point on Raccoon Key.

(c) A line drawn from the southernmost extremity of Bogue Banks (b) A line drawn from the westernmost extremity of Raccoon Key
at latitude 3438.7 N., longitude 7706.0 W., across Bogue Inlet to the northernmost extremity of Northeast Point.
to the northernmost extremity of Bear Beach at latitude 3438.5
N., longitude 7707.1 W. (c) A line drawn from the southernmost extremity of Bull Island to
the easternmost extremity of Capers Island.
(d) A line drawn from the easternmost extremity on the southern
side of New River Inlet at latitude 3431.5' N., longitude 7720.6' (d) A line formed by the overhead power cable from Capers Island
W., to the seaward tangent of the shoreline on the northeast side to Dewees Island.
on New River Inlet.
(e) A line formed by the overhead power cable from Dewees
(e) A line drawn across New Topsail Inlet between the closest Island to Isle of Palms.
extremities of the shore on either side of the inlet parallel with the
general trend of the highwater shoreline. (f) A line formed by the centerline of the highway bridge between
Isle of Palms and Sullivans Island over Breach Inlet.

68
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by Point on Blackbeard Island.
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by
USCG-2013-0397, 78 FR 39171, July 1, 2013] (f) A line following the general trend of the seaward highwater
shoreline across Cabretta Inlet.
80.710 Charleston Harbor, SC.
(a) A line formed by the submerged north jetty from the shore to (g) A north-south line (longitude 8116.9 W.) drawn from the
the west end of the north jetty. south-westernmost point on Sapelo Island to Wolf Island.

(b) A line drawn from across the seaward extremity of the (h) A north-south line (longitude 8117.1 W.) drawn from the
Charleston Harbor Jetties. south-easternmost point of Wolf Island to the northeasternmost
point on Little St. Simons Island.
(c) A line drawn from the west end of the South Jetty across the
South Entrance to Charleston Harbor to shore on a line formed by (i) A line drawn from the northeasternmost extremity of Sea Island
the submerged south jetty. 045 true to Little St. Simons Island.

80.712 Morris Island, SC to Hilton Head Island, SC. (j) An east-west line from the southernmost extremity of Sea
(a) A line drawn from the easternmost tip of Folly Island to 32 Island across Goulds Inlet to St. Simons Island.
4137 N., 0795303 W. (abandoned lighthouse tower)
on the northside of Lighthouse Inlet; thence west to the shoreline [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
of Morris Island. CGD 81-017, 46 FR 28154, May 26, 1981, as amended by
USCG-2013-0397, 78 FR 39171, July 1, 2013]
(b) A line drawn from the seaward tangent of Folly Island across
Stono River to the shoreline of Sandy Point. 80.720 St. Simons Island, GA To Amelia Island, FL.
(a) A line drawn from St. Simons Light to the northernmost tank
(c) A line drawn from the southernmost extremity of Seabrook on Jekyll Island charted in approximate position latitude 31
Island 257 true across the North Edisto River Entrance to the 05.9 N., longitude 8124.5 W.
shore of Botany Bay Island.
(b) A line drawn from the southernmost tank on Jekyll Island
(d) A line drawn from the microwave antenna tower on Edisto charted in approximate position latitude 3101.6 N., longitude
Beach charted in approximate position latitude 3228.3 N. 8125.2 W., to coordinate latitude 3059.4 N., longitude
longitude 80 19.2 W. across St. Helena Sound to the 8123.7 W. (0.5 nautical mile east of the charted position of St.
abandoned lighthouse tower on Hunting Island. Andrew Sound Lighted Buoy 32); thence to the abandoned
lighthouse tower on the north end of Little Cumberland Island
(e) A line formed by the centerline of the highway bridge between
charted in approximate position latitude 3058.5 N., longitude
Hunting Island and Fripp Island.
8124.8 W.
(f) A line drawn from the westernmost extremity of Bull Point on
Capers Island to Port Royal Sound Channel Range Rear Light, (c) A line drawn across the seaward extremity of the St. Marys
latitude 3213.7 N., longitude 8036.0 W.; thence 259 River Entrance Jetties.
true to the easternmost extremity of Hilton Head at latitude 32
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
13.0 N., longitude 8040.1 W. CGD 81-017, 46 FR 28154, May 26, 1981, as amended by
USCG-2013-0397, 78 FR 39172, July 1, 2013]
[USCG-2014-0410, 79 FR 58681, Sept. 30, 2014]
80.723 Amelia Island, FL to Cape Canaveral, FL.
80.715 Savannah River. (a) A line drawn from the southernmost extremity of Amelia Island
A line drawn from the southernmost tank on Hilton Head Island to the northeastern most extremity of Little Talbot Island.
charted in approximate position latitude 3206.7 N., longitude
8049.3 W., to Bloody Point Range Rear Light; thence to (b) A line formed by the centerline of the highway bridge from
Tybee Light. Little Talbot Island to Fort George Island.

[USCG-2013-0397, 78 FR 39171, July 1, 2013] (c) A line drawn across the seaward extremity of the St. Johns
River Entrance Jetties.
80.717 Tybee Island, GA To St. Simons Island, GA.
(a) A line drawn from the southernmost extremity of Savannah (d) A line drawn across the seaward extremity of the St.
Beach on Tybee Island 255 true across Tybee Inlet to the shore Augustine Inlet Jetties.
of Little Tybee Island south of the entrance to Buck Hammock
Creek. (e) A line formed by the centerline of the highway bridge over
Matanzas Inlet.
(b) A straight line drawn from the northeasternmost extremity of
Wassaw Island 031 true through Tybee River Daybeacon 1 to (f) A line drawn across the seaward extremity of the Ponce de
the shore of Little Tybee Island. Leon Inlet Jetties.

(c) A line drawn approximately parallel with the general trend of 80.727 Cape Canaveral, FL To Miami Beach, FL.
the highwater shorelines from the seaward tangent of Wassaw (a) A line drawn across the seaward extremity of the Port
Island to the seaward tangent of Bradley Point on Ossabaw Island. Canaveral Entrance Channel Jetties.

(d) A north-south line (longitude 8108.4 W.) drawn from the (b) A line drawn across the seaward extremity of the Sebastian
southernmost extremity of Ossabaw Island to St. Catherines Inlet Jetties.
Island.
(c) A line drawn across the seaward extremity of the Fort Pierce
(e) A north-south line (longitude 8110.6 W.) drawn from the Inlet Jetties.
southernmost extremity of St. Catherines Island to Northeast
(d) A north-south line (longitude 8009.7' W.) drawn across St.

69
Lucie Inlet. 28.5 N., 06608.4 W, at the northwest extent of Isla de
Cabras across the entrance of San Juan Harbor.
(e) A line drawn from the seaward extremity of Jupiter Inlet North
Jetty to the northeast extremity of the concrete apron on the south [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
side of Jupiter Inlet. CGD 81-017, 46 FR 28154, May 26, 1981, as amended by
USCG-2008-0179, 73 FR 35002, June 19, 2008; USCG-2013-
(f) A line drawn across the seaward extremity of the Lake Worth 0397, 78 FR 39172, July 1, 2013]
Inlet Jetties.
GULF COAST
(g) A line drawn across the seaward extremity of the Boynton Inlet
Jetties. SEVENTH DISTRICT
(h) A line drawn from Boca Raton Inlet North Jetty Light 2 to Boca 80.740 Long Key, FL To Cape Sable, FL.
Raton Inlet South Jetty Light 1. A line drawn from the microwave tower charted on Long Key at
approximate position latitude 24 48.8 N., longitude 80
(i) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet 49.6 W., to Long Key Light 1; thence to Arsenic Bank Light 2;
Entrance Light 2; thence to Hillsboro Inlet Entrance Light 1; thence to Sprigger Bank Light 5; thence to Schooner Bank Light 6;
thence west to the shoreline. thence to Oxfoot Bank Light 10; thence to East Cape Light 2;
thence through East Cape Daybeacon 1A to the shoreline at East
(j) A line drawn across the seaward extremity of the Port Cape.
Everglades Entrance Jetties.
[USCG-2013-0397, 78 FR 39172, July 1, 2013]
(k) A line formed by the centerline of the highway bridge over
Bakers Haulover Inlet. 80.745 Cape Sable, FL To Cape Romano, FL.
(a) A line drawn following the general trend of the mainland,
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by highwater shoreline from Cape Sable at East Cape to Little Shark
CGD 81-017, 46 FR 28154, May 26, 1981, and amended by CGD River Light 1; thence to westernmost extremity of Shark Point;
84-091, 51 FR 7786, Mar. 6, 1986] thence following the general trend of the mainland, highwater
shoreline crossing the entrances of Harney River, Broad Creek,
80.730 Miami Harbor, FL. Broad River, Rodgers River First Bay, Chatham River, Huston
A line drawn across the seaward extremity of the Miami Harbor
River, to the shoreline at coordinate latitude 25 41.8 N.,
Government Cut Jetties.
longitude 8117.9 W.
80.735 Miami, FL To Long Key, FL.
a) A line drawn from the southernmost extremity of Fisher Island (b) The 72 COLREGS shall apply to the waters surrounding the
212 true to the point latitude 2545.0 N., longitude 80 Ten Thousand Islands and the bays, creeks, inlets, and rivers
between Chatham Bend and Marco Island except inside lines
08.6 W., on Virginia Key.
specifically described in this part.
(b) A line formed by the centerline of the highway bridge between
(c) A north-south line drawn at longitude 8120.2 W., across
Virginia Key and Key Biscayne.
the entrance to Lopez River.
(c) A line drawn from Cape Florida Light to the northernmost
(d) A line drawn across the entrance to Turner River parallel to
extremity on Soldier Key.
the general trend of the shoreline.
(d) A line drawn from the southernmost extremity on Soldier Key
(e) A line formed by the centerline of Highway 92 Bridge at
to the northernmost extremity of the Ragged Keys.
Goodland.
(e) A line drawn from the Ragged Keys to the southernmost
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
extremity of Angelfish Key following the general trend of the
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD
seaward shoreline.
84-091, 51 FR 7786, Mar. 6, 1986; USCG-2013-0397, 78 FR
39172, July 1, 2013]
(f) A line drawn on the centerline of the Overseas Highway (U.S. 1)
and bridges from latitude 2519.3 N., longitude 8016.0 W.,
80.748 Cape Romano, FL To Sanibel Island, FL.
at Little Angelfish Creek to the radar dome charted on Long Key (a) A line drawn across Big Marco Pass parallel to the general
at approximate position latitude 2449.3 N., longitude 80 trend of the seaward, highwater shoreline.
49.2 W.
(b) A line drawn from the northwesternmost extremity of Coconut
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. Island 000T across Capri Pass.
15, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26,
1981, as amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986; 51 (c) Lines drawn across Hurricane and Little Marco Passes parallel
FR 21748, June 16, 1986; CGD 89-068, 55 FR 31831, Aug. 6, to the general trend of the seaward, highwater shoreline.
1990; USCG-2013-0397, 78 FR 39172, July 1, 2013]
(d) A line from the seaward extremity of Gordon Pass South Jetty
PUERTO RICO AND VIRGIN ISLANDS 014 true to the shoreline at approximate coordinate latitude
2605.7 N., longitude 8148.1 W.
SEVENTH DISTRICT
(e) A line drawn across the seaward extremity of Doctors Pass
80.738 Puerto Rico And Virgin Islands. Jetties.
(a) Except inside lines specifically described in this section, the 72
COLREGS shall apply on all other bays, harbors and lagoons of (f) Lines drawn across Wiggins, Big Hickory, New, and Big Carlos
Puerto Rico and the U.S. Virgin Islands. Passes parallel to the general trend of the seaward highwater
shoreland.
(b) A line drawn from Puerto San Juan Light to position18

70
(g) A straight line drawn from Sanibel Island Light through COLREGS shall apply on the bays, bayous, creeks, marinas, and
Matanzas Pass Channel Light 2 to the shore of Estero Island. rivers from Anclote to the Suncoast Keys.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. (b) A north-south line drawn at longitude 8238.3' W. across the
15, 1977, as amended by CGD 78-052, 44 FR 69298, Dec. 3, Chassahowitzka River Entrance.
1979. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981,
as amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986; USCG- 80.757 Suncoast Keys, FL To Horseshoe Point, FL.
2013-0397, 78 FR 39172, July 1, 2013] (a) Except inside lines specifically decribed in this section, the 72
COLREGS shall apply on the bays, bayous, creeks, and marinas
80.750 Sanibel Island, FL To St. Petersburg, FL. from the Suncoast Keys to Horseshoe Point.
(a) A line formed by the centerline of the highway bridge over
Blind Pass, between Captiva Island and Sanibel Island, and lines (b) A line formed by the centerline of Highway 44 Bridge over the
drawn across Redfish and Captiva Passes parallel to the general Salt River.
trend of the seaward, highwater shorelines.
(c) A north-south line drawn through Crystal River Entrance
(b) A line drawn from La Costa Test Pile North Light to Port Boca Daybeacon 25 across the river entrance.
Grande Light.

(c) Lines drawn across Gasparilla and Stump Passes parallel to (d) A north-south line drawn through the Cross Florida Barge
the general trend of the seaward, highwater shorelines. Canal Daybeacon 48 across the canal.

(d) A line across the seaward extremity of Venice Inlet Jetties. (e) A north-south line drawn through Withlacoochee River
Daybeacon 40 across the river.
(e) A line drawn across Midnight Pass parallel to the general trend
of the seaward, highwater shoreline. (f) A line drawn from the westernmost extremity of South Point
north to the shoreline across the Waccasassa River Entrance.
(f) A line drawn from Big Sarasota Pass Light 14 to the
southernmost extremity of Lido Key. (g) A line drawn from position latitude 2916.6 N., longitude
8306.7 W., 300 true to the shoreline of Hog Island.
(g) A line drawn across New Pass tangent to the seaward,
highwater shoreline of Longboat Key. (h) A north-south line drawn through Suwannee River Mcgriff
Pass Daybeacons 30 and 31 across the Suwannee River.
(h) A line drawn across Longboat Pass parallel to the seaward,
highwater shoreline. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD
(i) A line drawn from the northwesternmost extremity of Bean 84-091, 51 FR 7787, Mar. 6, 1986; USCG-2013-0397, 78 FR
Point to the southeastern most extremity of Egmont Key. 39172, July 1, 2013]
(j) A straight line drawn from Egmont Key Light through Egmont 80.760 Horeshoe Point, FL To Rock Island, FL.
Channel Range Rear Light to the shoreline on Mullet Key. (a) Except inside lines specifically described provided in this
section, the 72 COLREGS shall apply on the bays, bayous,
(k) A line drawn from the northernmost extremity of Mullet Key creeks, marinas, and rivers from Horseshoe Point to the Rock
across Bunces Pass and South Channel to Pass-a-Grille Channel Islands.
Light 8; thence to Pass-a-Grille Channel Daybeacon 9; thence to
the southwestern most extremity of Long Key. (b) A north-south line drawn through Steinhatchee River Light 21.

[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. (c) A line drawn from Fenholloway River Approach Light FR east
15, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26, across the entrance to Fenholloway River.
1981, as amended by CGD 84-091, 51 FR 7787, Mar. 6, 1986;
CGD 93-071, 58 FR 65668, Dec. 16, 1993] EIGHTH DISTRICT
80.753 St. Petersburg, FL To The Anclote, FL. 80.805 Rock Island, FL To Cape San Blas, FL.
(a) A line drawn across Blind Pass, between Treasure Island and (a) A south-north line drawn from the Econfina River Light to the
Long Key, parallel with the general trend of the seaward, opposite shore.
highwater shorline.
(b) A line drawn from Gamble Point Light to the southernmost
(b) Lines formed by the centerline of the highway bridges over extremity of Cabell Point.
Johns and Clearwater Passes.
(c) A line drawn from St. Mark's Range Rear Light to St. Mark's
(c) A line drawn across Dunedin and Hurricane Passes parallel Channel Light 11; thence to the southernmost extremity of Live
with the general trend of the seaward, highwater shoreline. Oak Point; thence in a straight line through Shell Point Light to the
southernmost extremity of Ochlockonee Point; thence to Bald
(d) A line drawn from the northernmost extremity of Honeymoon Point along longitude 8420.5 W.
Island to Anclote Anchorage South Entrance Light 7; thence to
Anclote Key 2810.0' N. 8250.6' W; thence a straight line through (d) A line drawn from the south shore of Southwest Cape at
Anclote River Cut B Range Rear Light to the shoreline. longitude 8422.7 W., to Dog Island Reef East Light 1; thence
a straight line to the easternmost extremity of Dog Island.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD (e) A line drawn from the westernmost extremity of Dog Island to
84-091, 51 FR 21748, June 16, 1986; CGD 93-071, 58 FR 65668, the easternmost extremity of St. George Island.
Dec. 16, 1993]
(f) A line drawn across the seaward extremity of the St. George
80.755 Anclote, FL To The Suncoast Keys, FL. Island Channel Jetties.
(a) Except inside lines specifically described in this section, the 72

71
(g) A line drawn from the northwesternmost extremity of Sand [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
Island to West Pass Light 7. CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD
84-091, 51 FR 7787, Mar. 6, 1986; CGD 89-068, 55 FR 31831,
(h) A line drawn from the westernmost extremity of St. Vincent Aug. 6, 1990; 55 FR 33577, Aug. 14, 1990; USCG-2014-0410, 79
Island to the southeast, highwater shoreline of Indian Peninsula at FR 38431, July 7, 2014]
Longitude 8513.5 W.
80.825 Mississippi Passes, LA.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by (a) A line drawn from latitude 29 26.5 N., longitude 88
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD 55.6 W. to latitude 2910.6 N., longitude 8859.8 W.;
84-091, 51 FR 7787, Mar. 6, 1986; USCG-2008-0179, 73 FR thence to latitude 2903.5 N., longitude 8903.7 W.; thence
35002, June 19, 2008; USCG-2013-0397, 78 FR 39172, July 1, to latitude 2858.8 N., longitude 8904.3 W.
2013]
(b) A line drawn from latitude 28 58.8 N., longitude 89
80.810 Cape San Blas, FL To Perdido Bay, FL.
(a) A line drawn from St. Joseph Bay Entrance Range A Rear 04.3 W.; to latitude 2857.3 N., longitude 8905.3 W.;
Light through St. Joseph Bay Entrance Range B Front Light to St. thence to latitude 28 56.95 N., longitude 89 05.6 W.;
Joseph Point. thence to latitude 2900.4 N., longitude 8909.8 W.; thence
following the general trend of the seaward highwater shoreline in
(b) A line drawn across the mouth of Salt Creek as an extension a northwesterly direction to latitude 2903.4 N., longitude 89
of the general trend of the shoreline to continue across the inlet to 13.0 W.; thence west to latitude 2903.5 N., longitude 89
St. Andrews sound in the middle of Crooked Island. 15.5 W.; thence following the general trend of the seaward
highwater shoreline in a southwesterly direction to latitude 28
(c) A line drawn from the northernmost extremity of Crooked
57.7 N., longitude 8922.3 W.
Island 000 T. to the mainland.

(d) A line drawn from the easternmost extremity of Shell Island (c) A line drawn from latitude 28 57.7 N., longitude 89
120 true to the shoreline across the east entrance to St. Andrews 22.3 W.; to latitude 2851.4 N., longitude 8924.5 W.;
Bay. thence to latitude 28 52.65 N., longitude 89 27.1 W.;
thence to the seaward extremity of the Southwest Pass West
(e) A line drawn between the seaward end of the St. Andrews Bay Jetty located at latitude 2854.5 N., longitude 8926.1 W.
Entrance Jetties.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
(f) A line drawn between the seaward end of the Choctawatchee CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD
Bay Entrance Jetties. 84-091, 51 FR 7787, Mar. 6, 1986; CGD 89-068, 55 FR 31831,
Aug. 6, 1990; USCG-2012-0306, 77 FR 37312, June 21, 2012]
(g) An east-west line drawn from Fort McRee Leading Light
across the Pensacola Bay Entrance along latitude 3019.5' N. 80.830 Mississippi Passes, LA To Point Au Fer, LA.
(a) A line drawn from the seaward extremity of the Southwest
(h) A line drawn between the seaward end of the Perdido Pass Pass West Jetty located at coordinate latitude 2854.5 N.,
Jetties. longitude 8926.1 W.; thence following the general trend of the
seaward, highwater jetty and shoreline in a north, northeasterly
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by direction to Old Tower latitude 2858.8 N., longitude 89
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD
23.3 W.; thence to westernmost point near Pass du Bois;
84-091, 51 FR 7787, Mar. 6, 1986]
thence to coordinate latitude 2905.2 N., longitude 8924.3
80.815 Mobile Bay, AL To The Chandeleur Islands, LA. W.; thence a curved line following the general trend of the
(a) A line drawn across the inlets to Little Lagoon as an extension highwater shoreline to Point Au Fer Island except as otherwise
of the general trend of the shoreline. described in this section.

(b) A line drawn from 301441.4 N., 0880126.5 W. (b) A line drawn across the seaward extremity of the Empire
Waterway (Bayou Fontanelle) entrance jetties.
(Mobile Point Light) to 301513.3 N., 0880322.6 W.
(Dauphin Island Channel Light 1) to the eastern corner of Fort (c) An east-west line drawn from the westernmost extremity of
Gaines at Pelican Point. Grand Terre Islands in the direction of 194 true to the Grand Isle
Fishing Jetty Light.
(c) A line drawn from the western-most extremity of Dauphin
Island to the easternmost extremity of Petit Bois Island. (d) A line drawn between the seaward extremity of the Belle Pass
Jetties.
(d) A line drawn from Horn Island Pass Entrance Range Front
Light on Petit Bois Island to the easternmost extremity of Horn (e) A line drawn from the westernmost extremity of the Timbalier
Island. Island to the easternmost extremity of Isles Dernieres.
(e) An east-west line (latitude 3014.7 N.) drawn between the (f) A south-north line drawn from Caillou Bay Light 13 across
westernmost extremity of Horn Island to the easternmost Caillou Boca.
extremity of Ship Island.
(g) A line drawn 107 true from Caillou Bay Boat Landing Light
(f) A curved line drawn following the general trend of the seaward, across the entrances to Grand Bayou du Large and Bayou Grand
highwater shoreline of Ship Island. Caillou.
(g) A line drawn from the Ship Island Light to Chandeleur Light; (h) A line drawn on an axis of 103 true through Taylors Bayou
thence in a curved line following the general trend of the seaward, Entrance Light 2 across the entrances to Jack Stout Bayou,
highwater shorelines of the Chandeleur Islands to the island at Taylors Bayou, Pelican Pass, and Bayou de West.
latitude 29 44.1 N., longitude 88 53.0 W.; thence to
latitude 2926.5 N., longitude 8855.6 W. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by

72
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD (b) A line drawn across the seaward extremity of Matagorda Ship
84-091, 51 FR 7787, Mar. 6, 1986; USCG-2013-0397, 78 FR Channel North Jetties.
39172, July 1, 2013].
(c) A line drawn from the seaward tangent of Matagorda
80.835 Point Au Fer, LA To Calcasieu Pass, LA. Peninsula at Decros Point to Matagorda Light.
(a) A line drawn from Point Au Fer to Atchafalaya Channel Light
34; thence to Atchafalaya Channel Light 33; thence to latitude (d) A line drawn across the seaward extremity of the Aransas
2925.0 N., longitude 9131.7 W.; thence to Atchafalaya Pass Jetties.
Bay Light 1 latitude 2925.3 N., longitude 9135.8 W.;
thence to South Point. (e) A line drawn across the seaward extremity of the Port
Mansfield Entrance Jetties.
(b) Lines following the general trend of the highwater shoreline
drawn across the bayou and canal inlets from the Gulf of Mexico (f) A line drawn across the seaward extremity of the Brazos
between South Point and Calcasieu Pass except as otherwise Santiago Pass Jetties.
described in this section.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
(c) A line drawn on an axis of 140 true through Southwest Pass CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD
Vermillion Bay Light 4 across Southwest Pass. 84-091, 51 FR 7787, Mar. 6, 1986]

(d) A line drawn across the seaward extremity of the Freshwater PACIFIC COAST
Bayou Canal Entrance Jetties.
ELEVENTH DISTRICT
(e) A line drawn from Mermentau Channel East Jetty Light 6 to
Mermentau Channel West Jetty Light 7. 80.1102 Santa Catalina Island, CA.
The 72 COLREGS shall apply to the harbors on Santa Catalina
(f) A line drawn from the radio tower charted in approximate Island.
position latitude 2945.7 N., longitude 9306.3 W., 115
true across Mermentau Pass. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
(g) A line drawn across the seaward extremity of the Calcasieu FR 25218, July 6, 1987]
Pass Jetties.
80.1104 San Diego Harbor, CA.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by A line drawn from Zuniga Jetty Light "V" to Zuniga Jetty Light "Z";
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD thence to Point Loma Light.
84-091, 51 FR 7787, Mar. 6, 1986; USCG-2013-0397, 78 FR
39172, July 1, 2013] 80.1106 Mission Bay, CA.
A line drawn from Mission Bay South Jetty Light 2 to Mission Bay
80.840 Sabine Pass, TX To Galveston, TX. North Jetty Light 1.
(a) A line drawn from the Sabine Pass East Jetty Light to the sea-
ward end of the Sabine Pass West Jetty. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
(b) Lines drawn across the small boat passes through the Sabine FR 25218, July 6, 1987]
Pass East and West Jetties.
80.1108 Oceanside Harbor, CA.
(c) A line formed by the centerline of the highway bridge over A line drawn from Oceanside South Jetty Light 4 to Oceanside
Rollover Pass at Gilchrist. Breakwater Light 3.

80.845 Galveston, TX To Freeport, TX. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
(a) A line drawn from Galveston North Jetty Light 6A to Galveston CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
South Jetty Light 5A. FR 25218, July 6, 1987]

(b) A line formed by the centerline of the highway bridge over San 80.1110 Dana Point Harbor, CA.
Luis Pass. A line drawn from Dana Point Jetty Light 4 to Dana Point
Breakwater Light 3.
(c) Lines formed by the centerlines of the highway bridges over
the inlets to Christmas Bay (Cedar Cut) and Drum Bay. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
(d) A line drawn from the seaward extremity of the Freeport North FR 25218, July 6, 1987; USCG-2013-0397, 78 FR 39172, July 1,
Jetty to Freeport Entrance Light 6; thence Freeport Entrance Light 2013]
7; thence the seaward extremity of Freeport South Jetty.
80.1112 Newport Bay, CA.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by A line drawn from Newport Bay East Jetty Light 4 to Newport Bay
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD West Jetty Light 3.
84-091, 51 FR 7787, Mar. 6, 1986]
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
80.850 Brazos River, TX To The Rio Grande, TX. CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
(a) Except as otherwise described in this section lines drawn FR 25218, July 6, 1987]
continuing the general trend of the seaward, highwater shorelines
across the inlets to Brazos River Diversion Channel, San Bernard 80.1114 San Pedro Bay-Anaheim Bay, CA.
River, Cedar Lakes, Brown Cedar Cut, Colorado River, (a) A line drawn across the seaward extremities of the Anaheim
Matagorda Bay, Cedar Bayou, Corpus Christi Bay, and Laguna Bay Entrance Jetties; thence to Long Beach Breakwater East End
Madre. Light 1.

73
(b) A line drawn from Long Beach Channel Entrance Light 2 to FR 25218, July 6, 1987]
Long Beach Light.
80.1132 Estero-Morro Bay, CA.
(c) A line drawn from Los Angeles Main Entrance Channel Light 2 A line drawn from the seaward extremity of the Morro Bay East
to Los Angeles Light. Breakwater to the Morro Bay West Breakwater Light.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, as amended by CGD CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
84-091, 51 FR 7787, Mar. 6, 1986. Further redesignated by CGD FR 25218, July 6, 1987].
87-008b, 52 FR 25218, July 6, 1987]
80.1134 Monterey Harbor, CA.
80.1116 Redondo Harbor, CA. A line drawn from Monterey Harbor Light 6 to the northern
A line drawn from Redondo Beach East Jetty Light 2 to Redondo extremity of Monterey Municipal Wharf 2.
Beach West Jetty Light 3.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
FR 25218, July 6, 1987]
80.1136 Moss Landing Harbor, CA.
80.1118 Marina Del Rey, CA. A line drawn from the seaward extremity of the pier located 0.3
(a) A line drawn from Marina Del Rey Breakwater South Light 1 to mile south of Moss Landing Harbor Entrance to the seaward
Marina Del Rey Light 4. extremity of the Moss Landing Harbor North Breakwater.

(b) A line drawn from Marina Del Rey Breakwater North Light 2 to [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
Marina Del Rey Light 3. CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
FR 25218, July 6, 1987]
(c) A line drawn from Marina Del Rey Light 4 to the seaward
extremity of the Ballona Creek South Jetty. 80.1138 Santa Cruz Harbor, CA.
A line drawn from the seaward extremity of the Santa Cruz Harbor
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by East Breakwater to Santa Cruz Harbor West Breakwater Light;
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52 thence to Santa Cruz Light.
FR 25218, July 6, 1987]
[CGD 84-091, 51 FR 21748, June 16, 1986. Redesignated by
80.1120 Port Hueneme, CA. CGD 87-008b, 52 FR 25218, July 6, 1987]
(a) A line drawn from Port Hueneme East Jetty Light 4 to Port
Hueneme West Jetty Light 3. 80.1140 Pillar Point Harbor, CA.
A line drawn from Pillar Point Harbor Light 6 to Pillar Point Harbor
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by Entrance Light.
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
FR 25218, July 6, 1987] [CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD
87-008b, 52 FR 25218, July 6, 1987]
80.1122 Channel Islands Harbor, CA.
(a) A line drawn from Channel Islands Harbor South Jetty Light 2 80.1142 San Francisco Harbor, CA.
to Channel Islands Harbor Breakwater South Light 1. A straight line drawn from Point Bonita Light through Mile Rocks
Light to the shore.
(b) A line drawn from Channel Islands Harbor Breakwater North
Light to Channel Islands Harbor North Jetty Light 5. [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by FR 25218, July 6, 1987]
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
FR 25218, July 6, 1987] 80.1144 Bodega And Tomales Bay, CA.
(a) An east-west line drawn from Sand Point to Avalis Beach.
80.1124 Ventura Marina, CA.
A line drawn from Ventura Marina South Jetty Light 6 to Ventura (b) A line drawn from the seaward extremity of Bodega Harbor
Marina Breakwater South Light 3; thence to Ventura Marina North North Breakwater to Bodega Harbor Entrance Light 1.
Jetty Light 7.
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec.
[CGD 84-091, 51 FR 7787, Mar. 6, 1986. Redesignated by CGD 15, 1977. Redesignated by CGD 81-017, 46 FR 28154, May 26,
87-008b, 52 FR 25218, July 6, 1987] 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]

80.1126 Santa Barbara Harbor, CA. 80.1146 Albion River, CA.


A line drawn from Santa Barbara Harbor Light 4 to Santa Barbara A line drawn on an axis of 030 true through Albion River Light 1
Harbor Breakwater Light. across Albion Cove.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52 CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52
FR 25218, July 6, 1987] FR 25218, July 6, 1987]

80.1130 San Luis Obispo Bay, CA. 80.1148 Noyo River, CA.
A line drawn from the southernmost extremity of Fossil Point to A line drawn from Noyo River Entrance Daybeacon 4 to Noyo
the seaward extremity of Whaler Island Breakwater. River Entrance Light 5.

[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52 CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52

74
FR 25218, July 6, 1987] 80.1360 Nehalem River, OR.
A line drawn approximately parallel with the general trend of the
80.1150 Arcata-Humboldt Bay, CA. highwater shoreline across the Nehalem River Entrance.
A line drawn from Humboldt Bay Entrance Light 4 to Humboldt
Bay Entrance Light 3. 80.1365 Columbia River Entrance, OR/WA.
A line drawn from the seaward extremity of the Columbia River
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by North Jetty (above water) 155 true to the seaward extremity of
CGD 81-017, 46 FR 28154, May 26, 1981, and CGD 87-008b, 52 the Columbia River South Jetty (above water).
FR 25218, July 6, 1987]
80.1370 Willapa Bay, WA.
80.1152 Crescent City Harbor, CA. A line drawn from Willapa Bay Light 169.8 true to the
A line drawn from Crescent City Entrance Light to the westernmost tripod charted 1.6 miles south of Leadbetter Point.
southeastern most extremity of Whaler Island.
[CGD 89-068, 55 FR 31831, Aug. 6, 1990]
[CGD 84-091, 51 FR 7788, Mar. 6, 1986. Redesignated by CGD
87-008b, 52 FR 25218, July 6, 1987] 80.1375 Grays Harbor, WA.
A line drawn across the seaward extremities (above water) of the
THIRTEENTH DISTRICT Grays Harbor Entrance Jetties.

80.1305 Chetco River, OR. [CGD 84-091, 51 FR 7788, Mar. 6, 1986]


A line drawn across the seaward extremities of the Chetco River
Entrance Jetties. 80.1380 Quillayute River, WA.
A line drawn from the seaward extremity of the Quillayute River
[CGD 84-091, 51 FR 7788, Mar. 6, 1986] Entrance East Jetty to the overhead power cable tower charted
on James Island; thence a straight line through Quillayute River
80.1310 Rogue River, OR. Entrance Light 3 to the shoreline.
A line drawn across the seaward extremities of the Rogue River
Entrance Jetties. 80.1385 Strait Of Juan De Fuca.
The 72 COLREGS shall apply on all waters of the Strait of Juan
80.1315 Coquille River, OR. de Fuca.
A line drawn across the seaward extremities of the Coquille River
Entrance Jetties. [CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25,
1982, and 49 FR 3177, Jan. 26, 1984]
[CGD 84-091, 51 FR 7788, Mar. 6, 1986]
80.1390 Haro Strait And Strait Of Georgia.
80.1320 Coos Bay, OR. The 72 COLREGS shall apply on all waters of the Haro Strait and
A line drawn across the seaward extremities of the Coos Bay the Strait of Georgia.
Entrance Jetties.
[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25,
[CGD 84-091, 51 FR 7788, Mar. 6, 1986] 1982, and 49 FR 3177, Jan. 26, 1984]

80.1325 Umpqua River, OR. 80.1395 Puget Sound And Adjacent Waters.
A line drawn across the seaward extremities of the Umpqua River The 72 COLREGS shall apply on all waters of Puget Sound and
Entrance Jetties. adjacent waters, including Lake Union, Lake Washington, Hood
Canal, and all tributaries.
[CGD 84-091, 51 FR 7788, Mar. 6, 1986]
[CGD 81-087, 46 FR 61457, Dec. 17, 1981; 47 FR 3351, Jan. 25,
80.1330 Siuslaw River, OR. 1982, and 49 FR 3177, Jan. 26, 1984]
A line drawn across the seaward extremities of the Siuslaw River
Entrance Jetties. PACIFIC ISLANDS
[CGD 84-091, 51 FR 7788, Mar. 6, 1986] FOURTEENTH DISTRICT
80.1335 Alsea Bay, OR. 80.1410 Hawaiian Island Exemption From General Rule.
A line drawn from the seaward shoreline on the north of the Alsea Except as provided elsewhere in this part for Mamala Bay and
Bay Entrance 165 true across the channel entrance. Kaneohe Bay on Oahu; Port Allen and Nawiliwili Bay on Kauai;
Kahului Harbor on Maui; and Kawailae and Hilo Harbors on
80.1340 Yaquina Bay, OR. Hawaii, the 72 COLREGS shall apply on all other bays, harbors,
A line drawn across the seaward extremities of the Yaquina Bay and lagoons of the Hawaiian Island (including Midway).
Entrance Jetties.
80.1420 Mamala Bay, Oahu, HI.
[CGD 84-091, 51 FR 7788, Mar. 6, 1986] A line drawn from 21 1746.9 N., 1580622.2 W.
(Barbers Point Light) to 211520.5 N., 1574834.3 W.
80.1345 Depoe Bay, OR. (Diamond Head Light).
A line drawn across the Depoe Bay Channel entrance parallel
with the general trend of the highwater shoreline. [USCG-2014-0410, 79 FR 38431, July 7, 2014]

80.1350 Netarts Bay, OR. 80.1430 Kaneohe Bay, Oahu, HI.


A line drawn from the northernmost extremity of the shore on the A line drawn from 21 2744.1 N., 1574548.6 W.
south side of Netarts Bay north to the opposite shoreline. (Pyramid Rock Light), across Kaneohe Bay through the center of
Mokolii Island to the shoreline.
80.1355 Tillamook Bay, OR. [USCG-2014-0410, 79 FR 38431, July 7, 2014]
A line drawn across the seaward extremities of the Tillamook Bay
Entrance Jetties. 80.1440 Port Allen, Kauai, HI.

75
A line drawn from 21 5334.3 N., 1593615.6 W. 80.1480 Hilo Harbor, Hawaii, HI.
(Puolo Point Light) to 215349.0 N., 1593527.2 W. A line drawn from the seaward extremity of the Hilo Breakwater
(Hanapepe Breakwater Light 2). 265 true (as an extension of the seaward side of the breakwater)
to the shoreline 0.2 nautical mile north of Alealea Point.
[USCG-2014-0410, 79 FR 38431, July 7, 2014]
80.1490 Apra Harbor, U.S. Territory Of Guam.
80.1450 Nawiliwili Harbor, Kauai, HI. A line drawn from the westernmost extremity of Orote Island to
A line drawn from the seaward extremity of Nawiliwili Harbor the westernmost extremity of Glass Breakwater.
Breakwater Light to 215723.8 N., 1592052.7 W.
(Kukii Point Light). 80.1495 U.S. Pacific Island Possessions.
The 72 COLREGS shall apply on the bays, harbors, lagoons, and
[USCG-2014-0410, 79 FR 38431, July 7, 2014] waters surrounding the U.S. Pacific Island Possessions of
American Samoa, Baker, Howland, Jarvis, Johnson, Palmyra,
80.1460 Kahului Harbor, Maui, HI. Swains and Wake Islands.
A line drawn from 20 5404.1 N., 1562826.8 W.
[CGD 94-011, 63 FR 5731, Feb. 4, 1998]
(Kahului Entrance Breakwater Light 4), to 205402.3 N.,
1562817.4 W. (Kahului Entrance Breakwater Light 3). ALASKA
[USCG-2014-0410, 79 FR 38431, July 7, 2014] SEVENTEENTH DISTRICT
80.1470 Kawaihae Harbor, Hawaii, HI. 80.1705 Alaska. The 72 COLREGS shall apply on all the
A line drawn from 20 0229.1 N., 1554958.2 W. sounds, bays, harbors, and inlets of Alaska.
(Kawaihae Light), to the seaward extremity of the Kawaihae
South Breakwater. [CGD 79-036, 44 FR 22458, Apr. 16, 1979. Redesignated by
CGD 81-017, 46 FR 28154, May 26, 1981]
[USCG-2014-0410, 79 FR 38431, July 7, 2014]

76
Part 81-72 COLREGS: Implementing Rules
Table of Contents (2) The identification of the vessel by its:

Sec. (i) Official number;


81.1 Definitions.
81.3 General. (ii) Shipyard hull number;

ALTERNATIVE COMPLIANCE (iii) Hull identification number; or

81.5 Application For A Certificate Of Alternative Compliance. (iv) State number, if the vessel does not have an official number
81.9 Certificate Of Alternative Compliance: Contents. or hull identification number.
81.17 Certificate Of Alternative Compliance: Termination.
81.18 Notice And Record Of Certification Of Vessels Of Special (3) Vessel name and home port, if known.
Construction Or Purpose.
(4) A description of the vessel's area of operation.
Authority: 33 U.S.C. 1607; E.O. 11964; 49 CFR 1.46.
(5) A description of the provision for which the Certificate of
Source: CGD 76-130, 42 FR 17111, Mar. 31, 1977, unless Alternative Compliance is sought, including:
otherwise noted. Redesignated by CGD 81-017, 46 FR 28154,
May 26, 1981. (i) The 72 COLREGS Rule or Annex section number for which the
Certificate of Alternative Compliance is sought;

81.1 Definitions. (ii) A description of the special function of the vessel that would be
As used in this part: interfered with by full compliance with the provision of that Rule or
Annex section; and
72 COLREGS refers to the International Regulations for
Preventing Collisions at Sea, 1972, done at London, October 20, (iii) A statement of how full compliance would interfere with the
1972, as rectified by the Proces-Verbal of December 1, 1973, as special function of the vessel.
amended.
(6) A description of the alternative installation that is in closest
A vessel of special construction or purpose means a vessel possible compliance with the applicable 72 COLREGS Rule or
designed or modified to perform a special function and whose Annex section.
arrangement is thereby made relatively inflexible.
(7) A copy of the vessel's plans or an accurate scale drawing that
Interference with the special function of the vessel occurs clearly shows:
when installation or use of lights, shapes, or sound-signaling
appliances under 72 COLREGS prevents or significantly hinders (i) The required installation of the equipment under the 72
the operation in which the vessel is usually engaged. COLREGS,

[CGD 77-136, 47 FR 13799, Apr. 1, 1982] (ii) The proposed installation of the equipment for which
certification is being sought, and
81.3 General.
Vessels of special construction or purpose which cannot fully (iii) Any obstructions that may interfere with the equipment when
comply with the light, shape, and sound signal provisions of 72 installed in:
COLREGS without interfering with their special function may
instead meet alternative requirements. The Chief of the Marine (A) The required location; and
Safety Division in each Coast Guard District Office makes this
determination and requires that alternative compliance be as (B) The proposed location.
close as possible with the 72 COLREGS. These regulations set
out the procedure by which a vessel may be certified for (b) The Coast Guard may request from the applicant additional
alternative compliance. The information collection and information concerning the application.
recordkeeping requirements in 81.5 and 81.18 have been
approved by the Office of Management and Budget under OMB (Approved by the Office of Management and Budget under control
control No. 1625-0019. number 1625-0019)

[CGD 77-136, 47 FR 13799, Apr. 1, 1982, as amended by USCG- [CGD 77-136, 47 FR 13799, Apr. 1, 1982, as amended by USCG-
2006-25150, 71 FR 39208, July 12, 2006] 2006-25150, 71 FR 39208, July 12, 2006]

ALTERNATIVE COMPLIANCE 81.9 Certificate Of Alternative Compliance: Contents.


The Chief of the Marine Safety Division issues the Certificate of
81.5 Application For A Certificate Of Alternative Compliance. Alternative Compliance to the vessel based on a determination
(a) The owner, builder, operator, or agent of a vessel of special that it cannot comply fully with 72 COLREGS light, shape, and
construction or purpose who believes the vessel cannot fully sound signal provisions without interference with its special
comply with the 72 COLREGS light, shape, or sound signal function. This Certificate includes-
provisions without interference with its special function may apply
for a determination that alternative compliance is justified. The (a) Identification of the vessel as supplied in the application under
application must be in writing, submitted to the Chief of the Marine 81.5(a)(2);
Safety Division of the Coast Guard District in which the vessel is
being built or operated, and include the following information: (b) The provision of the 72 COLREGS for which the Certificate
authorizes alternative compliance;
(1) The name, address, and telephone number of the applicant.

77
(c) A certification that the vessel is unable to comply fully with the (a) In accordance with 33 U.S.C. 1605(c), a notice is published in
72 COLREGS lights, shape, and sound signal requirements the Federal Register of the following:
without interference with its special function;
(1) Each Certificate of Alternative Compliance issued under 81.9;
(d) A statement of why full compliance would interfere with the and
special function of the vessel;
(2) Each Coast Guard vessel determined by the Commandant to
(e) The required alternative installation; be a vessel of special construction or purpose.

(f) A statement that the required alternative installation is in the (b) Copies of Certificate of Alternative Compliance and
closest possible compliance with the 72 COLREGS without documentation concerning Coast Guard vessels are available for
interfering with the special function of the vessel; inspection at Marine Transportation Systems Directorate, U.S.
Coast Guard Headquarters, (CG-5PW), Stop 7509, 2703 Martin
(g) The date of issuance; Luther King Avenue SE., Washington, DC 20593-7509.

(h) A statement that the Certificate of Alternative Compliance (c) The owner or operator of a vessel issued a Certificate shall
terminates when the vessel ceases to be usually engaged in the ensure that the vessel does not operate unless the Certificate of
operation for which the certificate is issued. Alternative Compliance or a certified copy of that Certificate is on
board the vessel and available for inspection by Coast Guard
[CGD 77-136, 47 FR 13800, Apr. 1, 1982] personnel.

81.17 Certificate Of Alternative Compliance: Termination. (Approved by the Office of Management and Budget under control
The Certificate of Alternative Compliance terminates if the number 1625-0019)
information supplied under 81.5(a) or the Certificate issued
under 81.9 is no longer applicable to the vessel. [CGD 77-136, 47 FR 13800, Apr. 1, 1982, as amended by CGD
88-052, 53 FR 25119, July 1, 1988; CGD 96-026, 61 FR 33663,
[CGD 77-136, 47 FR 13800, Apr. 1, 1982] June 28, 1996; CGD 78-82, 43 FR 54186, Nov. 20, 1978; USCG-
2006-25150, 71 FR 39208, July 12, 2006; USCG-2010-0351, 75
81.18 Notice And Record Of Certification Of Vessels Of FR 36281, June 25, 2010; USCG-2014-0410, 79 FR 38431, July
Special Construction Or Purpose. 7, 2014]

78
Part 82-72 COLREGS: Interpretative Rules
Table of Contents the following:

(a) Lines.
Sec.
82.1 Purpose.
(b) Hawsers.
82.3 Pushing Vessel And Vessel Being Pushed: Composite
Unit.
(c) Wires.
82.5 Lights For Moored Vessels.
82.7 Sidelights For Unmanned Barges.
(d) Chains.
Authority: 14 U.S.C. 2, 633; 33 U.S.C. 1602; E.O. 11964, 42 FR
[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by
4327, 3 CFR, 1977 Comp., p. 88; 49 CFR 1.46(n).
CGD 81-017, 46 FR 28154, May 26, 1981]

82.5 Lights For Moored Vessels.


82.1 Purpose.
For the purposes of Rule 30 of the 72 COLREGS, a vessel at
This part contains the interpretative rules concerning the 72
anchor includes a barge made fast to one or more mooring buoys
COLREGS that are adopted by the Coast Guard for the guidance
or other similar device attached to the sea or river floor. Such a
of the public.
barge may be lighted as a vessel at anchor in accordance with
Rule 30, or may be lighted on the corners in accordance with 33
[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by
CFR 88.13.
CGD 81-017, 46 FR 28154, May 26, 1981]
[CGD 94-011, 63 FR 5731, Feb. 4, 1998]
82.3 Pushing Vessel And Vessel Being Pushed: Composite
Unit.
82.7 Sidelights For Unmanned Barges.
Rule 24(b) of the 72 COLREGS states that when a pushing
An unmanned barge being towed may use the exception of
vessel and a vessel being pushed ahead are rigidly connected in
COLREGS Rule 24(h). However, this exception only applies to
a composite unit, they are regarded as a power-driven vessel and
the vertical sector requirements.
must exhibit the lights under Rule 23. A "composite unit" is
interpreted to be a pushing vessel that is rigidly connected by
[CGD 94-011, 63 FR 5731, Feb. 4, 1998]
mechanical means to a vessel being pushed so they react to sea
and swell as one vessel. "Mechanical means" does not include

79
PART 83-RULES
______________________________________________________________________
Table of Contents
Subpart A-General
PART 83-RULES
83.01 Application (Rule 1).
Subpart A-General (a) These Rules apply to all vessels upon the inland waters of the
United States, and to vessels of the United States on the
Sec. Canadian waters of the Great Lakes to the extent that there is no
83.01 Application (Rule 1). conflict with Canadian law. The regulations in this subchapter
83.02 Responsibility (Rule 2). (subchapter E, 33 CFR parts 83 through 90) have preemptive
83.03 General definitions (Rule 3). effect over State or local regulation within the same field.
Subpart B-Steering and Sailing Rules (b)(i) These Rules constitute special rules made by an appropriate
authority within the meaning of Rule 1(b) of the International
Conduct of Vessels in Any Condition of Visibility Regulations for Preventing Collisions at Sea, 1972, including
annexes currently in force for the United States (International
83.04 Application (Rule 4).
Regulations).
83.05 Look-out (Rule 5).
83.06 Safe speed (Rule 6).
(ii) All vessels complying with the construction and equipment
83.07 Risk of collision (Rule 7).
requirements of the International Regulations are considered to
83.08 Action to avoid collision (Rule 8).
be in compliance with these Rules.
83.09 Narrow channels (Rule 9).
83.10 Traffic separation schemes (Rule 10).
(c) Nothing in these Rules shall interfere with the operation of any
special rules made by the Secretary of the Navy with respect to
Conduct of Vessels in Sight of One Another additional station or signal lights and shapes or whistle signals for
83.11 Application (Rule 11). ships of war and vessels proceeding under convoy, or by the
83.12 Sailing vessels (Rule 12). Secretary with respect to additional station or signal lights and
83.13 Overtaking (Rule 13). shapes for fishing vessels engaged in fishing as a fleet. These
83.14 Head-on situation (Rule 14). additional station or signal lights and shapes or whistle signals
83.15 Crossing situation (Rule 15). shall, so far as possible, be such that they cannot be mistaken for
83.16 Action by give-way vessel (Rule 16). any light, shape, or signal authorized elsewhere under these
83.17 Action by stand-on vessel (Rule 17). Rules. Notice of such special rules shall be published in the
83.18 Responsibilities between vessels (Rule 18). Federal Register and, after the effective date specified in such
notice, they shall have effect as if they were a part of these Rules.
Conduct of Vessels in Restricted Visibility
(d) Traffic separation schemes may be established for the
83.19 Conduct of vessels in restricted visibility (Rule 19). purpose of these Rules. Vessel traffic service regulations may be
in effect in certain areas.
Subpart C-Lights and Shapes
(e) Whenever the Secretary determines that a vessel or class of
83.20 Application (Rule 20). vessels of special construction or purpose cannot comply fully
83.21 Definitions (Rule 21). with the provisions of any of these Rules with respect to the
83.22 Visibility of lights (Rule 22). number, position, range, or arc of visibility of lights or shapes, as
83.23 Power-driven vessels underway (Rule 23). well as to the disposition and characteristics of sound-signaling
83.24 Towing and pushing (Rule 24). appliances, the vessel shall comply with such other provisions in
83.25 Sailing vessels underway and vessels under oars (Rule 25). regard to the number, position, range, or arc of visibility of lights
83.26 Fishing vessels (Rule 26). or shapes, as well as to the disposition and characteristics of
83.27 Vessels not under command or restricted in their ability to sound-signaling appliances, as the Secretary shall have
maneuver (Rule 27). determined to be the closest possible compliance with these
83.28 [Reserved] (Rule 28). Rules. The Secretary may issue a certificate of alternative
83.29 Pilot vessels (Rule 29). compliance for a vessel or class of vessels specifying the closest
83.30 Anchored vessels, vessels aground and moored barges possible compliance with these Rules. The Secretary of the Navy
(Rule 30). shall make these determinations and issue certificates of
83.31 Seaplanes (Rule 31). alternative compliance for vessels of the Navy.
Subpart D-Sound and Light Signals (f) The Secretary may accept a certificate of alternative
compliance issued by a contracting party to the International
83.32 Definitions (Rule 32).
Regulations if it determines that the alternative compliance
83.33 Equipment for sound signals (Rule 33).
standards of the contracting party are substantially the same as
83.34 Maneuvering and warning signals (Rule 34).
those of the United States.
83.35 Sound signals in restricted visibility (Rule 35).
83.36 Signals to attract attention (Rule 36).
(g) The operator of each self-propelled vessel 12 meters or more
83.37 Distress signals (Rule 37).
in length shall carry, on board and maintain for ready reference, a
copy of these Rules.
Subpart E-Exemptions
83.38 Exemptions (Rule 38). 83.02 Responsibility (Rule 2).
(a) Nothing in these Rules shall exonerate any vessel, or the
Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. owner, master, or crew thereof, from the consequences of any
2071); Department of Homeland Security Delegation No. 0170.1. neglect to comply with these Rules or of the neglect of any
precaution which may be required by the ordinary practice of
Source: 79 FR 37912, July 2, 2014, unless otherwise noted. seamen, or by the special circumstances of the case.

80
(b) In construing and complying with these Rules due regard shall craft which, in its main operational mode, flies in close proximity to
be had to all dangers of navigation and collision and to any the surface by utilizing surface-effect action.
special circumstances, including the limitations of the vessels
involved, which may make a departure from these Rules (n) Western Rivers means the Mississippi River, its tributaries,
necessary to avoid immediate danger. South Pass, and Southwest Pass, to the navigational demarcation
lines dividing the high seas from harbors, rivers, and other inland
83.03 General definitions (Rule 3). waters of the United States, and the Port Allen-Morgan City
For the purpose of these Rules and Subchapter E, except where Alternate Route, and that part of the Atchafalaya River above its
the context otherwise requires: junction with the Port Allen-Morgan City Alternate Route including
the Old River and the Red River.
(a) The word vessel includes every description of water craft,
including non-displacement craft, WIG craft and seaplanes, used (o) Great Lakes means the Great Lakes and their connecting and
or capable of being used as a means of transportation on water. tributary waters including the Calumet River as far as the Thomas
J. O'Brien Lock and Controlling Works (between mile 326 and
(b) The term power-driven vessel means any vessel propelled 327), the Chicago River as far as the east side of the Ashland
by machinery. Avenue Bridge (between mile 321 and 322), and the Saint
Lawrence River as far east as the lower exit of Saint Lambert
(c) The term sailing vessel means any vessel under sail provided Lock.
that propelling machinery, if fitted, is not being used.
(p) Secretary means the Secretary of the Department in which
(d) The term vessel engaged in fishing means any vessel the Coast Guard is operating.
fishing with nets, lines, trawls, or other fishing apparatus which
restricts maneuverability, but does not include a vessel fishing (q) Inland Waters means the navigable waters of the United
with trolling lines or other fishing apparatus which do not restrict States shoreward of the navigational demarcation lines dividing
maneuverability. the high seas from harbors, rivers, and other inland waters of the
United States and the waters of the Great Lakes on the United
(e) The word seaplane includes any aircraft designed to States side of the International Boundary.
maneuver on the water.
(r) Inland Rules or Rules means these Inland Navigational Rules
(f) The term vessel not under command means a vessel which, and the annexes thereto, which govern the conduct of vessels
through some exceptional circumstance, is unable to maneuver and specify the lights, shapes, and sound signals that apply on
as required by these Rules and is therefore unable to keep out of inland waters.
the way of another vessel.
(s) International Regulations means the International
(g) The term vessel restricted in her ability to maneuver Regulations for Preventing Collisions at Sea, 1972, including
means a vessel which, from the nature of her work, is restricted in annexes currently in force for the United States.
her ability to maneuver as required by these Rules and is
therefore unable to keep out of the way of another vessel. The Subpart B-Steering and Sailing Rules
term vessels restricted in their ability to maneuver include, but are
not limited to: Conduct of Vessels in Any Condition of Visibility

83.04 Application (Rule 4).


(i) A vessel engaged in laying, servicing, or picking up a
Rules 4 through 10 (83.04 through 83.10) apply in any
navigation mark, submarine cable, or pipeline;
condition of visibility.
(ii) a vessel engaged in dredging, surveying, or underwater
83.05 Look-out (Rule 5).
operations;
Every vessel shall at all times maintain a proper look-out by sight
and hearing as well as by all available means appropriate in the
(iii) a vessel engaged in replenishment or transferring persons,
prevailing circumstances and conditions so as to make a full
provisions, or cargo while underway;
appraisal of the situation and of the risk of collision.
(iv) a vessel engaged in the launching or recovery of aircraft;
83.06 Safe speed (Rule 6).
Every vessel shall at all times proceed at a safe speed so that she
(v) a vessel engaged in mine clearance operations;
can take proper and effective action to avoid collision and be
stopped within a distance appropriate to the prevailing
(vi) a vessel engaged in a towing operation such as severely
circumstances and conditions. In determining a safe speed the
restricts the towing vessel and her tow in their ability to deviate
following factors shall be among those taken into account:
from their course.
(a) By all vessels:
(h) [Reserved]
(i) The state of visibility;
(i) The word underway means that a vessel is not at anchor, or
made fast to the shore, or aground.
(ii) The traffic density including concentration of fishing vessels or
any other vessels;
(j) The words length and breadth of a vessel mean her length
overall and greatest breadth.
(iii) The maneuverability of the vessel with special reference to
stopping distance and turning ability in the prevailing conditions;
(k) Vessels shall be deemed to be in sight of one another only
when one can be observed visually from the other.
(iv) At night, the presence of background light such as from shore
lights or from back scatter of her own lights;
(l) The term restricted visibility means any condition in which
visibility is restricted by fog, mist, falling snow, heavy rainstorms,
(v) The state of wind, sea, and current, and the proximity of
sandstorms, or any other similar causes.
navigational hazards;
(m) The term Wing-In-Ground (WIG) craft means a multimodal

81
(vi) The draft in relation to the available depth of water. situation, a vessel shall slacken her speed or take all way off by
stopping or reversing her means of propulsion.
(b) Additionally, by vessels with operational radar:
(f)(i) A vessel which, by any of these Rules, is required not to
(i) The characteristics, efficiency and limitations of the radar impede the passage or safe passage of another vessel shall,
equipment; when required by the circumstances of the case, take early action
to allow sufficient sea room for the safe passage of the other
(ii) Any constraints imposed by the radar range scale in use; vessel.

(iii) The effect on radar detection of the sea state, weather, and (ii) A vessel required not to impede the passage or safe passage
other sources of interference; of another vessel is not relieved of this obligation if approaching
the other vessel so as to involve risk of collision and shall, when
(iv) The possibility that small vessels, ice and other floating taking action, have full regard to the action which may be required
objects may not be detected by radar at an adequate range; by the Rules of Subpart B (Rules 4-19).

(v) The number, location, and movement of vessels detected by (iii) A vessel the passage of which is not to be impeded remains
radar; fully obliged to comply with the Rules of Subpart B (Rules 4-19)
when the two vessels are approaching one another so as to
(vi) The more exact assessment of the visibility that may be involve risk of collision.
possible when radar is used to determine the range of vessels or
other objects in the vicinity. 83.09 Narrow channels (Rule 9).
(a)(i) A vessel proceeding along the course of a narrow channel
[79 FR 37912, July 2, 2014, as amended by USCG-2012-0102, or fairway shall keep as near to the outer limit of the channel or
79 FR 68621, Nov. 18, 2014] fairway which lies on her starboard side as is safe and practicable.

83.07 Risk of collision (Rule 7). (ii) Notwithstanding paragraph (a)(i) of this Rule and Rule 14(a)
(a) Every vessel shall use all available means appropriate to the (83.14(a)), a power-driven vessel operating in narrow channels
prevailing circumstances and conditions to determine if risk of or fairways on the Great Lakes, Western Rivers, or waters
collision exists. If there is any doubt such risk shall be deemed to specified by the Secretary, and proceeding downbound with a
exist. following current shall have the right-of-way over an upbound
vessel, shall propose the manner and place of passage, and shall
(b) Proper use shall be made of radar equipment if fitted and initiate the maneuvering signals prescribed by Rule 34(a)(i)
operational, including long-range scanning to obtain early warning (83.34(a)(i)), as appropriate. The vessel proceeding upbound
of risk of collision and radar plotting or equivalent systematic against the current shall hold as necessary to permit safe passing.
observation of detected objects.
(b) A vessel of less than 20 meters in length or a sailing vessel
(c) Assumptions shall not be made on the basis of scanty shall not impede the passage of a vessel that can safely navigate
information, especially scanty radar information. only within a narrow channel or fairway.

(d) In determining if risk of collision exists the following (c) A vessel engaged in fishing shall not impede the passage of
considerations shall be among those taken into account: any other vessel navigating within a narrow channel or fairway.

(i) Such risk shall be deemed to exist if the compass bearing of an (d) A vessel shall not cross a narrow channel or fairway if such
approaching vessel does not appreciably change. crossing impedes the passage of a vessel which can safely
navigate only within that channel or fairway. The latter vessel
(ii) Such risk may sometimes exist even when an appreciable shall use the danger signal prescribed in Rule 34(d) (83.34(d)) if
bearing change is evident, particularly when approaching a very in doubt as to the intention of the crossing vessel.
large vessel or a tow or when approaching a vessel at close
range. (e)(i) In a narrow channel or fairway when overtaking, the power-
driven vessel intending to overtake another power-driven vessel
83.08 Action to avoid collision (Rule 8). shall indicate her intention by sounding the appropriate signal
(a) Any action taken to avoid collision shall be taken in prescribed in Rule 34(c) (83.34(c)) and take steps to permit safe
accordance with the Rules of this subpart (Rules 4-19) (83.04 passing. The power-driven vessel being overtaken, if in
through 83.19) and shall, if the circumstances of the case admit, agreement, shall sound the same signal and may, if specifically
be positive, made in ample time and with due regard to the agreed to, take steps to permit safe passing. If in doubt she shall
observance of good seamanship. sound the danger signal prescribed in Rule 34(d) (83.34(d)).

(b) Any alteration of course and/or speed to avoid collision shall, if (ii) This Rule does not relieve the overtaking vessel of her
the circumstances of the case admit, be large enough to be obligation under Rule 13 (83.13).
readily apparent to another vessel observing visually or by radar;
a succession of small alterations of course and/or speed should (f) A vessel nearing a bend or an area of a narrow channel or
be avoided. fairway where other vessels may be obscured by an intervening
obstruction shall navigate with particular alertness and caution
(c) If there is sufficient sea room, alteration of course alone may and shall sound the appropriate signal prescribed in Rule 34(e)
be the most effective action to avoid a close-quarters situation (83.34(e)).
provided that it is made in good time, is substantial and does not
result in another close-quarters situation. (g) Any vessel shall, if the circumstances of the case admit, avoid
anchoring in a narrow channel.
(d) Action taken to avoid collision with another vessel shall be
such as to result in passing at a safe distance. The effectiveness 83.10 Traffic separation schemes (Rule 10).
of the action shall be carefully checked until the other vessel is (a) This Rule applies to traffic separation schemes and does not
finally past and clear. relieve any vessel of her obligation under any other Rule in
subchapter E.
(e) If necessary to avoid collision or allow more time to assess the

82
(b) A vessel using a traffic separation scheme shall: (i) When each has the wind on a different side, the vessel which
has the wind on the port side shall keep out of the way of the
(i) Proceed in the appropriate traffic lane in the general direction other.
of traffic flow for that lane;
(ii) When both have the wind on the same side, the vessel which
(ii) So far as practicable keep clear of a traffic separation line or is to windward shall keep out of the way of the vessel which is to
separation zone; leeward.

(iii) Normally join or leave a traffic lane at the termination of the (iii) If a vessel with the wind on the port side sees a vessel to
lane, but when joining or leaving from either side shall do so at as windward and cannot determine with certainty whether the other
small an angle to the general direction of traffic flow as practicable. vessel has the wind on the port or on the starboard side, she shall
keep out of the way of the other.
(c) A vessel shall, so far as practicable, avoid crossing traffic
lanes but if obliged to do so shall cross on a heading as nearly as (b) For the purpose of this Rule, the windward side shall be
practicable at right angles to the general direction of traffic flow. deemed to be the side opposite to that on which the mainsail is
carried or, in the case of a square-rigged vessel, the side opposite
(d)(i) A vessel shall not use an inshore traffic zone when she can to that on which the largest fore-and-aft sail is carried.
safely use the appropriate traffic lane within the adjacent traffic
separation scheme. However, vessels of less than 20 meters in 83.13 Overtaking (Rule 13).
length, sailing vessels, and vessels engaged in fishing may use (a) Notwithstanding anything contained in Rules 4 through 18
the inshore traffic zone. (83.04 through 83.18), any vessel overtaking any other shall
keep out of the way of the vessel being overtaken.
(ii) Notwithstanding paragraph (d)(i) of this Rule, a vessel may
use an inshore traffic zone when en route to or from a port, (b) A vessel shall be deemed to be overtaking when coming up
offshore installation or structure, pilot station, or any other place with another vessel from a direction more than 22.5 degrees abaft
situated within the inshore traffic zone, or to avoid immediate her beam; that is, in such a position with reference to the vessel
danger. she is overtaking, that at night she would be able to see only the
sternlight of that vessel but neither of her sidelights.
(e) A vessel other than a crossing vessel or a vessel joining or
leaving a lane shall not normally enter a separation zone or cross (c) When a vessel is in any doubt as to whether she is overtaking
a separation line except: another, she shall assume that this is the case and act
accordingly.
(i) In cases of emergency to avoid immediate danger;
(d) Any subsequent alteration of the bearing between the two
(ii) To engage in fishing within a separation zone. vessels shall not make the overtaking vessel a crossing vessel
within the meaning of these Rules or relieve her of the duty of
(f) A vessel navigating in areas near the terminations of traffic keeping clear of the overtaken vessel until she is finally past and
separation schemes shall do so with particular caution. clear

(g) A vessel shall so far as practicable avoid anchoring in a traffic 83.14 Head-on situation (Rule 14).
separation scheme or in areas near its terminations. (a) Unless otherwise agreed, when two power-driven vessels are
meeting on reciprocal or nearly reciprocal courses so as to
(h) A vessel not using a traffic separation scheme shall avoid it by involve risk of collision each shall alter her course to starboard so
as wide a margin as is practicable. that each shall pass on the port side of the other.

(i) A vessel engaged in fishing shall not impede the passage of (b) Such a situation shall be deemed to exist when a vessel sees
any vessel following a traffic lane. the other ahead or nearly ahead and by night she could see the
masthead lights of the other in a line or nearly in a line and/or
(j) A vessel of less than 20 meters in length or a sailing vessel both sidelights and by day she observes the corresponding
shall not impede the safe passage of a power-driven vessel aspect of the other vessel.
following a traffic lane.
(c) When a vessel is in any doubt as to whether such a situation
(k) A vessel restricted in her ability to maneuver when engaged in exists she shall assume that it does exist and act accordingly.
an operation for the maintenance of safety of navigation in a
traffic separation scheme is exempted from complying with this (d) Notwithstanding paragraph (a) of this Rule, a power-driven
Rule to the extent necessary to carry out the operation. vessel operating on the Great Lakes, Western Rivers, or waters
specified by the Secretary, and proceeding downbound with a
(l) A vessel restricted in her ability to maneuver when engaged in following current shall have the right-of-way over an upbound
an operation for the laying, servicing, or picking up of a submarine vessel, shall propose the manner of passage, and shall initiate the
cable, within a traffic separation scheme, is exempted from maneuvering signals prescribed by Rule 34(a)(i) (83.34(a)(i)), as
complying with this Rule to the extent necessary to carry out the appropriate.
operation.
83.15 Crossing situation (Rule 15).
Conduct of Vessels in Sight of One Another (a) When two power-driven vessels are crossing so as to involve
risk of collision, the vessel which has the other on her starboard
83.11 Application (Rule 11). side shall keep out of the way and shall, if the circumstances of
Rules 11 through 18 (83.11 through 83.18) apply to vessels in the case admit, avoid crossing ahead of the other vessel.
sight of one another.
(b) Notwithstanding paragraph (a) of this Rule, on the Great
83.12 Sailing vessels (Rule 12). Lakes, Western Rivers, or water specified by the Secretary, a
(a) When two sailing vessels are approaching one another, so as power-driven vessel crossing a river shall keep out of the way of a
to involve risk of collision, one of them shall keep out of the way of power-driven vessel ascending or descending the river.
the other as follows:
83.16 Action by give-way vessel (Rule 16).

83
Every vessel which is directed to keep out of the way of another Conduct of Vessels in Restricted Visibility
vessel shall, so far as possible, take early and substantial action
to keep well clear. 83.19 Conduct of vessels in restricted visibility (Rule 19).
(a) This Rule applies to vessels not in sight of one another when
83.17 Action by stand-on vessel (Rule 17). navigating in or near an area of restricted visibility.
(a)(i) Where one of two vessels is to keep out of the way, the
other shall keep her course and speed. (b) Every vessel shall proceed at a safe speed adapted to the
prevailing circumstances and conditions of restricted visibility. A
(ii) The latter vessel may, however, take action to avoid collision power-driven vessel shall have her engines ready for immediate
by her maneuver alone, as soon as it becomes apparent to her maneuver.
that the vessel required to keep out of the way is not taking
appropriate action in compliance with these Rules. (c) Every vessel shall have due regard to the prevailing
circumstances and conditions of restricted visibility when
(b) When, from any cause, the vessel required to keep her course complying with Rules 4 through 10 (83.04 through 83.10).
and speed finds herself so close that collision cannot be avoided
by the action of the give-way vessel alone, she shall take such (d) A vessel which detects by radar alone the presence of another
action as will best aid to avoid collision. vessel shall determine if a close-quarters situation is developing
or risk of collision exists. If so, she shall take avoiding action in
(c) A power-driven vessel which takes action in a crossing ample time, provided that when such action consists of an
situation in accordance with paragraph (a)(ii) of this Rule to avoid alteration of course, so far as possible the following shall be
collision with another power-driven vessel shall, if the avoided:
circumstances of the case admit, not alter course to port for a
vessel on her own port side. (i) An alteration of course to port for a vessel forward of the beam,
other than for a vessel being overtaken;
(d) This Rule does not relieve the give-way vessel of her
obligation to keep out of the way. (ii) An alteration of course toward a vessel abeam or abaft the
beam.
83.18 Responsibilities between vessels (Rule 18).
Except where Rules 9, 10, and 13 (83.09, 83.10, and 83.13) (e) Except where it has been determined that a risk of collision
otherwise require: does not exist, every vessel which hears apparently forward of
her beam the fog signal of another vessel, or which cannot avoid
(a) A power-driven vessel underway shall keep out of the way of: a close-quarters situation with another vessel forward of her beam,
shall reduce her speed to the minimum at which she can be kept
(i) A vessel not under command; on course. She shall if necessary take all her way off and, in any
event, navigate with extreme caution until danger of collision is
(ii) A vessel restricted in her ability to maneuver; over.

(iii) A vessel engaged in fishing; Subpart C-Lights and Shapes


83.20 Application (Rule 20).
(iv) A sailing vessel.
(a) Rules in this subpart (Rules 20-31) (83.20 through 83.31)
shall be complied with in all weathers.
(b) A sailing vessel underway shall keep out of the way of:
(b) The Rules concerning lights (83.20 through 83.31) shall be
(i) A vessel not under command;
complied with from sunset to sunrise, and during such times no
other lights shall be exhibited, except such lights as cannot be
(ii) A vessel restricted in her ability to maneuver; and
mistaken for the lights specified in these Rules or do not impair
their visibility or distinctive character, or interfere with the keeping
(iii) A vessel engaged in fishing.
of a proper lookout.
(c) A vessel engaged in fishing when underway shall, so far as
(c) The lights prescribed by these Rules shall, if carried, also be
possible, keep out of the way of:
exhibited from sunrise to sunset in restricted visibility and may be
exhibited in all other circumstances when it is deemed necessary.
(i) A vessel not under command; and
(d) The Rules concerning shapes shall be complied with by day.
(ii) A vessel restricted in her ability to maneuver.
(e) The lights and shapes specified in these Rules shall comply
(d) [Reserved]
with the provisions of Annex I of these Rules (33 CFR part 84).
(e) A seaplane on the water shall, in general, keep well clear of all
(f) A vessel's navigation lights and shapes may be lowered if
vessels and avoid impeding their navigation. In circumstances,
necessary to pass under a bridge.
however, where risk of collision exists, she shall comply with the
Rules of this Subpart (Rules 4-19) (83.04 through 83.19); and
83.21 Definitions (Rule 21).
(a) Masthead light means a white light placed over the fore and
(f)(i) a WIG craft shall, when taking off, landing and in flight near
aft centerline of the vessel showing an unbroken light over an arc
the surface, keep well clear of all other vessels and avoid
of the horizon of 225 degrees and so fixed as to show the light
impeding their navigation; and
from right ahead to 22.5 degrees abaft the beam on either side of
the vessel, except that on a vessel of less than 12 meters in
(ii) a WIG craft operating on the water surface shall comply with
length the masthead light shall be placed as nearly as practicable
the Rules of this Subpart (Rules 4-19) (83.04 through 83.19) as
to the fore and aft centerline of the vessel.
a power-driven vessel.
(b) Sidelights mean a green light on the starboard side and a red
[79 FR 37912, July 2, 2014, as amended by USCG-2012-0102,
light on the port side each showing an unbroken light over an arc
79 FR 68621, Nov. 18, 2014]
of the horizon of 112.5 degrees and so fixed as to show the light

84
from right ahead to 22.5 degrees abaft the beam on its respective (iv) A towing light, 2 miles;
side. On a vessel of less than 20 meters in length the side lights
may be combined in one lantern carried on the fore and aft (v) A white, red, green or yellow all-round light, 2 miles; and
centerline of the vessel, except that on a vessel of less than 12
meters in length the sidelights when combined in one lantern shall (vi) A special flashing light, 2 miles.
be placed as nearly as practicable to the fore and aft centerline of
the vessel. (d) In an inconspicuous, partly submerged vessel or objects being
towed:
(c) Sternlight means a white light placed as nearly as practicable
at the stern showing an unbroken light over an arc of the horizon (i) A white all-round light, 3 miles.
of 135 degrees and so fixed as to show the light 67.5 degrees
from right aft on each side of the vessel. (ii) [Reserved]

(d) Towing light means a yellow light having the same [79 FR 37912, July 2, 2014, as amended by USCG-2012-0102,
characteristics as the sternlight defined in paragraph (c) of this 79 FR 68621, Nov. 18, 2014]
Rule.
83.23 Power-driven vessels underway (Rule 23).
(e) All-round light means a light showing an unbroken light over (a) A power-driven vessel underway shall exhibit:
an arc of the horizon of 360 degrees.
(i) A masthead light forward;
(f) Flashing light means a light flashing at regular intervals at a
frequency of 120 flashes or more per minute. (ii) A second masthead light abaft of and higher than the forward
one; except that a vessel of less than 50 meters in length shall not
(g) Special flashing light means a yellow light flashing at regular be obliged to exhibit such light but may do so;
intervals at a frequency of 50 to 70 flashes per minute, placed as
far forward and as nearly as practicable on the fore and aft (iii) Sidelights; and
centerline of the tow and showing an unbroken light over an arc of
the horizon of not less than 180 degrees nor more than 225 (iv) A sternlight.
degrees and so fixed as to show the light from right ahead to
abeam and no more than 22.5 degrees abaft the beam on either (b) An air-cushion vessel when operating in the non-displacement
side of the vessel. mode shall, in addition to the lights prescribed in paragraph (a) of
this Rule, exhibit an all-round flashing yellow light where it can
83.22 Visibility of lights (Rule 22). best be seen.
The lights prescribed in these Rules (Subpart C) shall have an
intensity as specified in Annex I to these Rules (33 CFR part 84), (c) A WIG craft only when taking off, landing and in flight near the
so as to be visible at the following minimum ranges: surface shall, in addition to the lights prescribed in paragraph (a)
of this Rule, exhibit a high intensity all-round flashing red light.
(a) In a vessel of 50 meters or more in length:
(d) A power-driven vessel of less than 12 meters in length may, in
(i) A masthead light, 6 miles; lieu of the lights prescribed in paragraph (a) of this Rule, exhibit
an all-round white light and sidelights.
(ii) A sidelight, 3 miles;
(e) A power-driven vessel when operating on the Great Lakes
(iii) A sternlight, 3 miles; may carry an all-round white light in lieu of the second masthead
light and sternlight prescribed in paragraph (a) of this Rule. The
(iv) A towing light, 3 miles; light shall be carried in the position of the second masthead light
and be visible at the same minimum range.
(v) A white, red, green or yellow all-round light, 3 miles; and
83.24 Towing and pushing (Rule 24).
(vi) A special flashing light, 2 miles. (a) A power-driven vessel when towing astern shall exhibit:

(b) In a vessel of 12 meters or more in length but less than 50 (i) Instead of the light prescribed either in Rule 23(a)(i) or 23(a)(ii)
meters in length: (83.23(a)(i) and (ii)), two masthead lights in a vertical line.
When the length of the tow, measuring from the stern of the
(i) A masthead light, 5 miles; except that where the length of the towing vessel to the after end of the tow exceeds 200 meters,
vessel is less than 20 meters, 3 miles; three such lights in a vertical line;

(ii) A sidelight, 2 miles; (ii) Sidelights;

(iii) A sternlight, 2 miles; (iii) A sternlight;

(iv) A towing light, 2 miles; (iv) A towing light in a vertical line above the sternlight; and

(v) A white, red, green or yellow all-round light, 2 miles; and (v) When the length of the tow exceeds 200 meters, a diamond
shape where it can best be seen.
(vi) A special flashing light, 2 miles.
(b) When a pushing vessel and a vessel being pushed ahead are
(c) In a vessel of less than 12 meters in length rigidly connected in a composite unit they shall be regarded as a
power-driven vessel and exhibit the lights prescribed in Rule 23
(i) A masthead light, 2 miles; (83.23).

(ii) A sidelight, 1 mile; (c) A power-driven vessel when pushing ahead or towing
alongside, except as required by paragraphs (b) and (i) of this
(iii) A sternlight, 2 miles; Rule, shall exhibit:

85
(i) Instead of the light prescribed either in Rule 23(a)(i) or 23(a)(ii) (ii) Two towing lights in a vertical line.
(83.23(a)(i) or (ii)), two masthead lights in a vertical line;
(j) Where from any sufficient cause it is impracticable for a vessel
(ii) Sidelights; and not normally engaged in towing operations to display the lights
prescribed by paragraph (a), (c) or (i) of this Rule, such vessel
(iii) Two towing lights in a vertical line. shall not be required to exhibit those lights when engaged in
towing another vessel in distress or otherwise in need of
(d) A power-driven vessel to which paragraphs (a) or (c) of this assistance. All possible measures shall be taken to indicate the
Rule apply shall also comply with Rule 23(a) (i) and nature of the relationship between the towing vessel and the
23(a)(ii)(83.23(a)(i) or (ii)). vessel being assisted. The searchlight authorized by Rule 36
(83.36) may be used to illuminate the tow.
(e) A vessel or object other than those referred to in paragraph (g)
of this Rule being towed shall exhibit: [79 FR 37912, July 2, 2014, as amended by USCG-2012-0102,
79 FR 68622, Nov. 18, 2014]
(i) Sidelights;
83.25 Sailing vessels underway and vessels under oars
(ii) A sternlight; and (Rule 25).
(a) A sailing vessel underway shall exhibit:
(iii) When the length of the tow exceeds 200 meters, a diamond
shape where it can best be seen. (i) Sidelights; and

(f) Provided that any number of vessels being towed alongside or (ii) A sternlight.
pushed in a group shall be lighted as one vessel, except as
provided in paragraph (f)(iii) of this Rule. (b) In a sailing vessel of less than 20 meters in length the lights
prescribed in paragraph (a) of this Rule may be combined in one
(i) A vessel being pushed ahead, not being part of a composite lantern carried at or near the top of the mast where it can best be
unit, shall exhibit at the forward end, sidelights and a special seen.
flashing light.
(c) A sailing vessel underway may, in addition to the lights
(ii) A vessel being towed alongside shall exhibit a sternlight and at prescribed in paragraph (a) of this Rule, exhibit at or near the top
the forward end, sidelights and a special flashing light. of the mast, where they can best be seen, two all-round lights in a
vertical line, the upper being red and the lower green, but these
(iii) When vessels are towed alongside on both sides of the towing lights shall not be exhibited in conjunction with the combined
vessel, a sternlight shall be exhibited on the stern of the outboard lantern permitted by paragraph (b) of this Rule.
vessel on each side of the towing vessel, and a single set of
sidelights as far forward and as far outboard as is practicable, and (d)(i) A sailing vessel of less than 7 meters in length shall, if
a single special flashing light. practicable, exhibit the lights prescribed in paragraph (a) or (b) of
this Rule, but if she does not, she shall exhibit an all-round white
(g) An inconspicuous, partly submerged vessel or object, or light or have ready at hand an electric torch or lighted lantern
combination of such vessels or objects being towed, shall exhibit: showing a white light which shall be exhibited in sufficient time to
prevent collision.
(i) If it is less than 25 meters in breadth, one all-round white light
at or near each end; (ii) A vessel under oars may exhibit the lights prescribed in this
Rule for sailing vessels, but if she does not, she shall exhibit an
(ii) If it is 25 meters or more in breadth, four all-round white lights all-round white light or have ready at hand an electric torch or
to mark its length and breadth; lighted lantern showing a white light which shall be exhibited in
sufficient time to prevent collision.
(iii) If it exceeds 100 meters in length, additional all-round white
lights between the lights prescribed in paragraphs (g)(i) and (ii) of (e) A vessel proceeding under sail when also being propelled by
this Rule so that the distance between the lights shall not exceed machinery shall exhibit forward, where it can best be seen, a
100 meters: provided, that any vessels or objects being towed conical shape, apex downward. A vessel of less than 12 meters in
alongside each other shall be lighted as one vessel or object; length is not required to exhibit this shape, but may do so.

(iv) A diamond shape at or near the aftermost extremity of the last 83.26 Fishing vessels (Rule 26).
vessel or object being towed; and (a) A vessel engaged in fishing, whether underway or at anchor,
shall exhibit only the lights and shapes prescribed in this Rule.
(v) The towing vessel may direct a searchlight in the direction of
the tow to indicate its presence to an approaching vessel. (b) A vessel when engaged in trawling, by which is meant the
dragging through the water of a dredge net or other apparatus
(h) Where from any sufficient cause it is impracticable for a vessel used as a fishing appliance, shall exhibit:
or object being towed to exhibit the lights prescribed in paragraph
(e) or (g) of this Rule, all possible measures shall be taken to light (i) Two all-round lights in a vertical line, the upper being green
the vessel or object towed or at least to indicate the presence of and the lower white, or a shape consisting of two cones with their
the unlighted vessel or object. apexes together in a vertical line one above the other;

(i) Notwithstanding paragraph (c) of this Rule, on the Western (ii) A masthead light abaft of and higher than the all-round green
Rivers (except below the Huey P. Long Bridge at mile 106.1 light; a vessel of less than 50 meters in length shall not be obliged
Above Head of Passes on the Mississippi River) and on waters to exhibit such a light but may do so;
specified by the Secretary, a power-driven vessel when pushing
ahead or towing alongside, except as paragraph (b) of this Rule (iii) When making way through the water, in addition to the lights
applies, shall exhibit: prescribed in this paragraph, sidelights and a sternlight.

(i) Sidelights; and (c) A vessel engaged in fishing, other than trawling, shall exhibit:

86
(i) Two all-round lights in a vertical line, the upper being red and (i) Three all-round lights in a vertical line where they can best be
the lower white, or a shape consisting of two cones with apexes seen. The highest and lowest of these lights shall be red and the
together in a vertical line one above the other; middle light shall be white;

(ii) When there is outlying gear extending more than 150 meters (ii) Three shapes in a vertical line where they can best be seen.
horizontally from the vessel, an all-round white light or a cone The highest and lowest of these shapes shall be balls and the
apex upward in the direction of the gear; middle one a diamond;

(iii) When making way through the water, in addition to the lights (iii) When making way through the water, a masthead light or
prescribed in this paragraph, sidelights and a sternlight. lights, sidelights and a sternlight, in addition to the lights
prescribed in paragraph (b)(i) of this Rule; and
(d) [Reserved]
(iv) When at anchor, in addition to the lights or shapes prescribed
(e) A vessel when not engaged in fishing shall not exhibit the in paragraphs (b)(i) and (ii) of this Rule, the light, lights or shapes
lights or shapes prescribed in this Rule, but only those prescribed prescribed in Rule 30 (83.30).
for a vessel of her length.
(c) A vessel engaged in a towing operation which severely
(f) Additional signals for fishing vessels fishing in close proximity: restricts the towing vessel and her tow in their ability to deviate
from their course shall, in addition to the lights or shapes
(i) The lights mentioned herein shall be placed where they can prescribed in paragraphs (b)(i) and (ii) of this Rule, exhibit the
best be seen. They shall be at least 0.9 meters apart but at a lights or shapes prescribed in Rule 24 (83.24).
lower level than lights prescribed in this Rule. The lights shall be
visible all around the horizon at a distance of at least 1 mile but at (d) A vessel engaged in dredging or underwater operations, when
a lesser distance from the lights prescribed by paragraphs (a) restricted in her ability to maneuver, shall exhibit the lights and
through (c) of this Rule for fishing vessels. shapes prescribed in paragraphs (b)(i), (ii), and (iii) of this Rule
and shall in addition, when an obstruction exists, exhibit:
(ii) Signals for trawlers.
(i) Two all-round red lights or two balls in a vertical line to indicate
(1) Vessels when engaged in trawling, whether using demersal or the side on which the obstruction exists;
pelagic gear, may exhibit:
(ii) Two all-round green lights or two diamonds in a vertical line to
(A) When shooting their nets: Two white lights in a vertical line; indicate the side on which another vessel may pass; and

(B) When hauling their nets: One white light over one red light in a (iii) When at anchor, the lights or shapes prescribed by this
vertical line; paragraph, instead of the lights or shape prescribed in Rule 30
(83.30).
(C) When a net has come fast upon an obstruction: Two red lights
in a vertical line. (iv) Dredge pipelines that are floating or supported on trestles
shall display the following lights at night and in periods of
(2) Each vessel engaged in pair trawling may exhibit: restricted visibility.

(A) By night, a searchlight directed forward and in the direction of (1) One row of yellow lights. The lights must be:
the other vessel of the pair;
(A) Flashing 50 to 70 times per minute,
(B) When shooting or hauling their nets or when their nets have
come fast upon an obstruction, the lights prescribed in paragraph (B) Visible all around the horizon,
(a) of this Rule.
(C) Visible for at least 2 miles,
(iii) Signals for purse seiners.
(D) Not less than 1 and not more than 3.5 meters above the water,
(1) Vessels engaged in fishing with purse seine gear may exhibit
two yellow lights in a vertical line. These lights shall flash (E) Approximately equally spaced, and
alternately every second and with equal light and occultation
duration. These lights may be exhibited only when the vessel is (F) Not more than 10 meters apart where the pipeline crosses a
hampered by its fishing gear. navigable channel. Where the pipeline does not cross a navigable
channel the lights must be sufficient in number to clearly show the
(2) [Reserved] pipeline's length and course.

83.27 Vessels not under command or restricted in their (2) Two red lights at each end of the pipeline, including the ends
ability to maneuver (Rule 27). in a channel where the pipeline is separated to allow vessels to
(a) A vessel not under command shall exhibit: pass (whether open or closed). The lights must be:

(i) Two all-round red lights in a vertical line where they can best (A) Visible all around the horizon, and
be seen;
(B) Visible for at least 2 miles, and
(ii) Two balls or similar shapes in a vertical line where they can
best be seen; and (C) One meter apart in a vertical line with the lower light at the
same height above the water as the flashing yellow light.
(iii) When making way through the water, in addition to the lights
prescribed in this paragraph, sidelights and a sternlight. (e) Whenever the size of a vessel engaged in diving operations
makes it impracticable to exhibit all lights and shapes prescribed
(b) A vessel restricted in her ability to maneuver, except a vessel in paragraph (d) of this Rule, as appropriate, the following shall
engaged in mine clearance operations, shall exhibit: instead be exhibited:

87
(i) Three all-round lights in a vertical line where they can best be lights or shape prescribed in paragraphs (a) and (b) of this Rule.
seen. The highest and lowest of these lights shall be red and the
middle light shall be white; (f) A vessel of less than 12 meters in length when aground shall
not be required to exhibit the lights or shapes prescribed in
(ii) A rigid replica of the International Code flag A not less than 1 paragraphs (d)(i) and (ii) of this Rule.
meter in height. Measures shall be taken to ensure its all-round
visibility. (g) A vessel of less than 20 meters in length, when at anchor in a
special anchorage area designated by the Coast Guard, shall not
(f) A vessel engaged in mine clearance operations shall, in be required to exhibit the anchor lights and shapes required by
addition to the lights prescribed for a power-driven vessel in Rule this Rule.
23 (83.23) or to the lights or shape prescribed for a vessel at
anchor in Rule 30 (83.30), as appropriate, exhibit three all-round (h) The following barges shall display at night and if practicable in
green lights or three balls. One of these lights or shapes shall be periods of restricted visibility the lights described in paragraph (i)
exhibited near the foremast head and one at each end of the fore of this Rule:
yard. These lights or shapes indicate that it is dangerous for
another vessel to approach within 1000 meters of the mine (i) Every barge projecting into a buoyed or restricted channel.
clearance vessel.
(ii) Every barge so moored that it reduces the available navigable
(g) A vessel of less than 12 meters in length, except when width of any channel to less than 80 meters.
engaged in diving operations, is not required to exhibit the lights
or shapes prescribed in this Rule. (iii) Barges moored in groups more than two barges wide or to a
maximum width of over 25 meters.
(h) The signals prescribed in this Rule are not signals of vessels
in distress and requiring assistance. Such signals are contained in (iv) Every barge not moored parallel to the bank or dock.
Annex IV to these Rules (33 CFR part 87).
(i) Barges described in paragraph (h) of this Rule shall carry two
[79 FR 37912, July 2, 2014, as amended by USCG-2012-0102, unobstructed all-round white lights of an intensity to be visible for
79 FR 68622, Nov. 18, 2014] at least 1 nautical mile and meeting the technical requirements as
prescribed in Annex I (33 CFR part 84).
83.28 [Reserved] (Rule 28).
(j) A barge or group of barges at anchor or made fast to one or
83.29 Pilot vessels (Rule 29). more mooring buoys or other similar device, in lieu of the
(a) A vessel engaged on pilotage duty shall exhibit: provisions of this Rule, may carry unobstructed all-round white
lights of an intensity to be visible for at least 1 nautical mile that
(i) At or near the masthead, two all-round lights in a vertical line, meet the requirements of Annex I (33 CFR part 84) and shall be
the upper being white and the lower red; arranged as follows:

(ii) When underway, in addition, sidelights and a sternlight; and (i) Any barge that projects from a group formation, shall be lighted
on its outboard corners.
(iii) When at anchor, in addition to the lights prescribed in
paragraph (i) of this Rule, the anchor light, lights, or shape (ii) On a single barge moored in water where other vessels
prescribed in Rule 30 (83.30) for anchored vessels. normally navigate on both sides of the barge, lights shall be
placed to mark the corner extremities of the barge.
(b) A pilot vessel when not engaged on pilotage duty shall exhibit
the lights or shapes prescribed for a vessel of her length. (iii) On barges moored in group formation, moored in water where
other vessels normally navigate on both sides of the group, lights
83.30 Vessels anchored, aground, and moored barges (Rule shall be placed to mark the corner extremities of the group.
30).
(a) A vessel at anchor shall exhibit where it can best be seen: (k) The following are exempt from the requirements of this Rule:

(i) In the fore part, an all-round white light or one ball; (i) A barge or group of barges moored in a slip or slough used
primarily for mooring purposes.
(ii) At or near the stern and at a lower level than the light
prescribed in paragraph (i) of this Rule, an all-round white light. (ii) A barge or group of barges moored behind a pierhead.

(b) A vessel of less than 50 meters in length may exhibit an all- (iii) A barge less than 20 meters in length when moored in a
round white light where it can best be seen instead of the lights special anchorage area designated in accordance with 109.10 of
prescribed in paragraph (a) of this Rule. this chapter.

(c) A vessel at anchor may, and a vessel of 100 meters or more in (l) Barges moored in well-illuminated areas are exempt from the
length shall, also use the available working or equivalent lights to lighting requirements of this Rule. These areas are as follows:
illuminate her decks.
Chicago Sanitary Ship Canal
(d) A vessel aground shall exhibit the lights prescribed in
paragraph (a) or (b) of this Rule and in addition, if practicable, (1) Mile 293.2 to 293.9
where they can best be seen:
(2) Mile 295.2 to 296.1
(i) Two all-round red lights in a vertical line; and
(3) Mile 297.5 to 297.8
(ii) Three balls in a vertical line.
(4) Mile 298 to 298.2
(e) A vessel of less than 7 meters in length, when at anchor, not
in or near a narrow channel, fairway, anchorage, or where other (5) Mile 298.6 to 298.8
vessels normally navigate, shall not be required to exhibit the

88
(6) Mile 299.3 to 299.4 83.31 Seaplanes (Rule 31).
Where it is impracticable for a seaplane or a WIG craft to exhibit
(7) Mile 299.8 to 300.5 lights and shapes of the characteristics or in the positions
prescribed in the Rules of this subpart, she shall exhibit lights and
(8) Mile 303 to 303.2 shapes as closely similar in characteristics and position as is
possible.
(9) Mile 303.7 to 303.9
Subpart D-Sound and Light Signals
(10) Mile 305.7 to 305.8
83.32 Definitions (Rule 32).
(11) Mile 310.7 to 310.9 (a) The word whistle means any sound signaling appliance
capable of producing the prescribed blasts and which complies
(12) Mile 311 to 311.2 with specifications in Annex III to these Rules (33 CFR part 86).

(13) Mile 312.5 to 312.6 (b) The term short blast means a blast of about 1 second's
duration.
(14) Mile 313.8 to 314.2
(c) The term prolonged blast means a blast of from 4 to 6
(15) Mile 314.6 seconds' duration.

(16) Mile 314.8 to 315.3 83.33 Equipment for sound signals (Rule 33).
(a) A vessel of 12 meters or more in length shall be provided with
(17) Mile 315.7 to 316 a whistle, a vessel of 20 meters or more in length shall be
provided with a bell in addition to a whistle, and a vessel of 100
(18) Mile 316.8 meters or more in length shall, in addition, be provided with a
gong, the tone and sound of which cannot be confused with that
(19) Mile 316.85 to 317.05 of the bell. The whistle, bell and gong shall comply with the
specifications in Annex III to these Rules (33 CFR part 86). The
(20) Mile 317.5 bell or gong or both may be replaced by other equipment having
the same respective sound characteristics, provided that manual
(21) Mile 318.4 to 318.9 sounding of the prescribed signals shall always be possible.

(22) Mile 318.7 to 318.8 (b) A vessel of less than 12 meters in length shall not be obliged
to carry the sound signaling appliances prescribed in paragraph
(23) Mile 320 to 320.3 (a) of this Rule but if she does not, she shall be provided with
some other means of making an efficient sound signal.
(24) Mile 320.6
83.34 Maneuvering and warning signals (Rule 34).
(25) Mile 322.3 to 322.4 (a) When power-driven vessels are in sight of one another and
meeting or crossing at a distance within half a mile of each other,
(26) Mile 322.8 each vessel underway, when maneuvering as authorized or
required by these Rules:
(27) Mile 322.9 to 327.2
(i) Shall indicate that maneuver by the following signals on her
Calumet Sag Channel whistle:

(28) Mile 316.5 (1) One short blast to mean I intend to leave you on my port side;

Little Calumet River (2) Two short blasts to mean I intend to leave you on my
starboard side; and
(29) Mile 321.2
(3) Three short blasts to mean I am operating astern propulsion.
(30) Mile 322.3
(ii) Upon hearing the one or two blast signal of the other shall, if in
Calumet River agreement, sound the same whistle signal and take the steps
necessary to effect a safe passing. If, however, from any cause,
(31) Mile 328.5 to 328.7 the vessel doubts the safety of the proposed maneuver, she shall
sound the danger signal specified in paragraph (d) of this Rule
(32) Mile 329.2 to 329.4 and each vessel shall take appropriate precautionary action until
a safe passing agreement is made.
(33) Mile 330 west bank to 330.2
(b) A vessel may supplement the whistle signals prescribed in
(34) Mile 331.4 to 331.6 paragraph (a) of this Rule by light signals:

(35) Mile 332.2 to 332.4 (i) These signals shall have the following significance:

(36) Mile 332.6 to 332.8 (1) One flash to mean I intend to leave you on my port side;

Cumberland River (2) Two flashes to mean I intend to leave you on my starboard
side;
(37) Mile 126.8
(3) Three flashes to mean I am operating astern propulsion;
(38) Mile 191
(ii) The duration of each flash shall be about 1 second; and

89
(iii) The light used for this signal shall, if fitted, be one all-round (e) A vessel towed or if more than one vessel is towed the last
white or yellow light, visible at a minimum range of 2 miles, vessel of the tow, if manned, shall at intervals of not more than 2
synchronized with the whistle, and shall comply with the minutes sound four blasts in succession, namely, one prolonged
provisions of Annex I to these Rules (33 CFR part 84). followed by three short blasts. When practicable, this signal shall
be made immediately after the signal made by the towing vessel.
(c) When in sight of one another:
(f) When a pushing vessel and a vessel being pushed ahead are
(i) A power-driven vessel intending to overtake another power- rigidly connected in a composite unit they shall be regarded as a
driven vessel shall indicate her intention by the following signals power-driven vessel and shall give the signals prescribed in
on her whistle: paragraphs (a) or (b) of this Rule.

(1) One short blast to mean I intend to overtake you on your (g) A vessel at anchor shall at intervals of not more than 1 minute
starboard side; ring the bell rapidly for about 5 seconds. In a vessel of 100 meters
or more in length the bell shall be sounded in the forepart of the
(2) Two short blasts to mean I intend to overtake you on your vessel and immediately after the ringing of the bell the gong shall
port side; and be sounded rapidly for about 5 seconds in the after part of the
vessel. A vessel at anchor may in addition sound three blasts in
(ii) The power-driven vessel about to be overtaken shall, if in succession, namely, one short, one prolonged and one short blast,
agreement, sound a similar sound signal. If in doubt she shall to give warning of her position and of the possibility of collision to
sound the danger signal prescribed in paragraph (d) of this Rule. an approaching vessel.

(d) When vessels in sight of one another are approaching each (h) A vessel aground shall give the bell signal and if required the
other and, from any cause, either vessel fails to understand the gong signal prescribed in paragraph (g) of this Rule and shall, in
intentions or actions of the other, or is in doubt whether sufficient addition, give three separate and distinct strokes on the bell
action is being taken by the other to avoid collision, the vessel in immediately before and after the rapid ringing of the bell. A vessel
doubt shall immediately indicate such doubt by giving at least five aground may in addition sound an appropriate whistle signal.
short and rapid blasts on the whistle. This signal may be
supplemented by a light signal of at least five short and rapid (i) A vessel of 12 meters or more but less than 20 meters in length
flashes. shall not be obliged to give the bell signals prescribed in
paragraphs (g) and (h) of this Rule. However, if she does not, she
(e) A vessel nearing a bend or an area of a channel or fairway shall make some other efficient sound signal at intervals of not
where other vessels may be obscured by an intervening more than 2 minutes.
obstruction shall sound one prolonged blast. This signal shall be
answered with a prolonged blast by any approaching vessel that (j) A vessel of less than 12 meters in length shall not be obliged to
may be within hearing around the bend or behind the intervening give the above-mentioned signals but, if she does not, shall make
obstruction. some other efficient sound signal at intervals of not more than 2
minutes.
(f) If whistles are fitted on a vessel at a distance apart of more
than 100 meters, one whistle only shall be used for giving (k) A pilot vessel when engaged on pilotage duty may, in addition
maneuvering and warning signals. to the signals prescribed in paragraphs (a), (b) or (g) of this Rule,
sound an identity signal consisting of four short blasts.
(g) When a power-driven vessel is leaving a dock or berth, she
shall sound one prolonged blast. (l) The following vessels shall not be required to sound signals as
prescribed in paragraph (g) of this Rule when anchored in a
(h) A vessel that reaches agreement with another vessel in a special anchorage area designated by the Coast Guard:
head-on, crossing, or overtaking situation, as for example, by
using the radiotelephone as prescribed by the Vessel Bridge-to- (i) A vessel of less than 20 meters in length; and
Bridge Radiotelephone Act (85 Stat. 164; 33 U.S.C. 1201 et seq.),
is not obliged to sound the whistle signals prescribed by this Rule, (ii) A barge, canal boat, scow, or other nondescript craft.
but may do so. If agreement is not reached, then whistle signals
shall be exchanged in a timely manner and shall prevail. [79 FR 37912, July 2, 2014, as amended by USCG-2012-0102,
79 FR 68622, Nov. 18, 2014]
83.35 Sound signals in restricted visibility (Rule 35).
In or near an area of restricted visibility, whether by day or night, 83.36 Signals to attract attention (Rule 36).
the signals prescribed in this Rule shall be used as follows: If necessary to attract the attention of another vessel, any vessel
may make light or sound signals that cannot be mistaken for any
(a) A power-driven vessel making way through the water shall signal authorized elsewhere in these Rules, or may direct the
sound, at intervals of not more than 2 minutes, one prolonged beam of her searchlight in the direction of the danger, in such a
blast. way as not to embarrass any vessel.

(b) A power-driven vessel underway but stopped and making no 83.37 Distress signals (Rule 37).
way through the water shall sound, at intervals of not more than 2 When a vessel is in distress and requires assistance she shall
minutes, two prolonged blasts in succession, with an interval of use or exhibit the signals described in Annex IV to these Rules
about 2 seconds between them. (33 CFR part 87).

(c) A vessel not under command; a vessel restricted in her ability Subpart E-Exemptions
to maneuver, whether underway or at anchor; a sailing vessel; a
vessel engaged in fishing, whether underway or at anchor; and a 83.38 Exemptions (Rule 38).
vessel engaged in towing or pushing another vessel shall, instead Any vessel or class of vessels, the keel of which was laid or which
of the signals prescribed in paragraphs (a) or (b) of this Rule, was at a corresponding stage of construction before December 24,
sound, at intervals of not more than 2 minutes, three blasts in 1980, provided that she complies with the requirements of
succession, namely, one prolonged followed by two short blasts.
(a) The Act of June 7, 1897 (30 Stat. 96), as amended (33 U.S.C.
(d) [Reserved] 154-232) for vessels navigating the waters subject to that statute;

90
(b) Section 4233 of the Revised Statutes (33 U.S.C. 301-356) for (iii) The repositioning of lights as a result of conversion to metric
vessels navigating the waters subject to that statute; units and rounding off measurement figures are permanently
exempt.
(c) The Act of February 8, 1895 (28 Stat. 645), as amended (33
U.S.C. 241-295) for vessels navigating the waters subject to that (iv) The horizontal repositioning of masthead lights prescribed by
statute; or Annex I to these Rules (33 CFR part 84), vessels of less than 150
meters in length are permanently exempt; and
(d) Sections 3, 4, and 5 of the Act of April 25, 1940 (54 Stat. 163),
as amended (46 U.S.C. 526b, c, and d) for motorboats navigating (v) Power-driven vessels of 12 meters or more but less than 20
the waters subject to that statute, shall be exempted from meters in length are permanently exempt from the provisions of
compliance with the technical Annexes to these Rules (33 CFR Rule 23(a)(i) and (iv) (83.23(a)(i) and (iv)) provided that, in place
parts 84 through 88) as follows: of these lights, the vessel exhibits a white light aft visible all-round
the horizon.
(i) The installation of lights with ranges prescribed in Rule 22
(83.22), vessels of less than 20 meters in length are [USCG-2009-0948, 75 FR 19546, Apr. 15, 2010, as amended by
permanently exempt. USCG-2013-0397, 78 FR 39172, July 1, 2013, FR Doc. 2014-
14413 Filed 7-1-14; 8:45 am]
(ii) The installation of lights with color specifications as prescribed
in Annex I to these Rules (33 CFR part 84), vessels of less than
20 meters in length are permanently exempt.

91
PART 84-ANNEX I: POSITIONING AND TECHNICAL
DETAILS OF LIGHTS AND SHAPES
Sec. (d) The masthead light, or the all-round light described in Rule
84.01 Definitions. 23(d)(83.23(d) of this chapter), of a power-driven vessel of less
84.02 Vertical positioning and spacing of lights. than 12 meters in length shall be carried at least one meter higher
84.03 Horizontal positioning and spacing of lights. than the sidelights.
84.04 Details of location of direction-indicating lights for fishing
vessels, dredgers and vessels engaged in underwater (e) One of the two or three masthead lights prescribed for a
operations. power-driven vessel when engaged in towing or pushing another
84.05 Screens. vessel shall be placed in the same position as either the forward
84.06 Shapes. masthead light or the after masthead light, provided that the
84.13 Color specification of lights. lowest after masthead light shall be at least 2 meters vertically
84.14 Intensity of lights. higher than the highest forward masthead light.
84.15 Horizontal sectors.
84.16 Vertical sectors. (f)(i) The masthead light or lights prescribed in Rule 23(a)
84.17 Intensity of non-electric lights. (83.23(a) of this chapter) shall be so placed as to be above and
84.18 Maneuvering light. clear of all other lights and obstructions except as described in
84.19 High-speed craft. paragraph (f)(ii) of this section.
84.20 Approval.
(ii) When it is impracticable to carry the all-round lights prescribed
Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. in Rule 27(b)(i)(83.27(b)(i) of this chapter) below the masthead
2071); Department of Homeland Security Delegation No. 0170.1. lights, they may be carried above the after masthead light(s) or
vertically in between the forward masthead light(s) and after
Source: 79 FR 37921, July 2, 2014, unless otherwise noted. masthead light(s), provided that in the latter case the requirement
______________________________________________________________________
of 84.03(d) shall be complied with.
84.01 Definitions.
(a) The term height above the hull means height above the (g) The sidelights of a power-driven vessel shall be placed at least
uppermost continuous deck. This height shall be measured from one meter lower than the forward masthead light. They shall not
the position vertically beneath the location of the light. be so low as to be interfered with by deck lights.

(b) High-speed craft means a craft capable of maximum speed (h) [Reserved]
in meters per second (m/s) equal to or exceeding: 3.7 0.1667;
(i) When the Rules in this subchapter E prescribe two or three
where =displacement corresponding to the design waterline
lights to be carried in a vertical line, they shall be spaced as
(cubic meters).
follows:
Note to paragraph (b): The same formula expressed in pounds
(i) On a vessel of 20 meters in length or more such lights shall be
and knots is maximum speed in knots (kts) equal to exceeding
spaced not less than 1 meter apart, and the lowest of these lights
1.98 (lbs) 3.7 0.1667; where =displacement corresponding to shall, except where a towing light is required, be placed at a
design waterline in pounds. height of not less than 4 meters above the hull.
(c) The term practical cut-off means, for vessels 20 meters or (ii) On a vessel of less than 20 meters in length such lights shall
more in length, 12.5 percent of the minimum luminous intensity be spaced not less than 1 meter apart and the lowest of these
(Table 84.14(b)) corresponding to the greatest range of visibility lights shall, except where a towing light is required, be placed at a
for which the requirements of Annex I (33 CFR part 84) are met. height of not less than 2 meters above the gunwale.
(d) The term Rule or Rules has the same meaning as in 33 CFR (iii) When three lights are carried they shall be equally spaced.
83.03(r).
(j) The lower of the two all-round lights prescribed for a vessel
84.02 Vertical positioning and spacing of lights. when engaged in fishing shall be at a height above the sidelights
(a) On a power-driven vessel of 20 meters or more in length the not less than twice the distance between the two vertical lights.
masthead lights shall be placed as follows:
(k) The forward anchor light prescribed in Rule 30(a)(i)
(i) The forward masthead light, or if only one masthead light is (83.30(a)(i)), when two are carried, shall not be less than 4.5
carried, then that light, at a height above the hull of not less than 5 meters above the after one. On a vessel of 50 meters or more in
meters, and, if the breadth of the vessel exceeds 5 meters, then length this forward anchor light shall be placed at a height or not
at a height above the hull not less than such breadth, so however less than 6 meters above the hull.
that the light need not be placed at a greater height above the hull
than 8 meters. [79 FR 37921, July 2, 2014, as amended by USCG-2012-0102,
79 FR 68622, Nov. 18, 2014]
(ii) When two masthead lights are carried the after one shall be at
least 2 meters vertically higher than the forward one. 84.03 Horizontal positioning and spacing of lights.
(a) Except as specified in paragraph (e) of this section, when two
(b) The vertical separation of the masthead lights of power-driven masthead lights are prescribed for a power-driven vessel, the
vessels shall be such that in all normal conditions of trim the after horizontal distance between them must not be less than one
light will be seen over and separate from the forward light at a quarter of the length of the vessel but need not be more than 50
distance of 1000 meters from the stem when viewed from water meters. The forward light must be placed not more than one half
level. of the length of the vessel from the stem.
(c) The masthead light of a power-driven vessel of 12 meters but
less than 20 meters in length shall be placed at a height above (b) On a power-driven vessel of 20 meters or more in length the
the gunwale of not less than 2.5 meters.

92
sidelights shall not be placed in front of the forward masthead dimensions but commensurate with the size of the vessel may be
lights. They shall be placed at or near the side of the vessel. used and the distance apart may be correspondingly reduced.

(c) When the lights prescribed in Rule 27(b)(i) (83.27(b)(i) of this 84.13 Color specification of lights.
chapter) are placed vertically between the forward masthead (a) The chromaticity of all navigation lights shall conform to the
light(s) and the after masthead light(s), these all-round lights shall following standards, which lie within the boundaries of the area of
be placed at a horizontal distance of not less than 2 meters from the diagram specified for each color by the International
the fore and aft centerline of the vessel in the athwartship Commission on Illumination (CIE), in the Colors of Light Signals,
direction. which is incorporated by reference. It is Publication CIE No. 2.2.
(TC-1.6), 1975, and is available from the Illumination Engineering
(d) When only one masthead light is prescribed for a power-driven Society, 345 East 47th Street, New York, NY 10017 and is
vessel, this light must be exhibited forward of amidships. For a available for inspection at the Coast Guard, Shore Infrastructure
vessel of less than 20 meters in length, the vessel shall exhibit Logistics Center, Aids to Navigation and Marine Environmental
one masthead light as far forward as is practicable. Response Product Line (CG-SILC-ATON/MER), 2703 Martin
Luther King, Jr. Ave, Mailstop 7714, Washington, DC 20593-
(e) On power-driven vessels 50 meters but less than 60 meters in 7714. It is also available for inspection at the National Archives
length operated on the Western Rivers, and those waters and Records Administration (NARA). For information on the
specified in 89.25 of this chapter, the horizontal distance availability of this material at NARA, call 202-741-6030, or go to:
between masthead lights shall not be less than 10 meters. http://www.archives.gov/federal_register/code_of_federal_regulati
ons/ibr_locations.html. This incorporation by reference was
84.04 Details of location of direction-indicating lights for approved by the Director of the Federal Register.
fishing vessels, dredgers and vessels engaged in underwater
operations. (b) The boundaries of the area for each color are given by
(a) The light indicating the direction of the outlying gear from a indicating the corner co-ordinates, which are as follows:
vessel engaged in fishing as prescribed in Rule 26(c)(ii)
(83.26(c)(ii) of this chapter) shall be placed at a horizontal (i) White:
distance of not less than 2 meters and not more than 6 meters
away from the two all-round red and white lights. This light shall x 0.525 0.525 0.452 0.310 0.310 0.443
be placed not higher than the all-round white light prescribed in y 0.382 0.440 0.440 0.348 0.283 0.382
Rule 26(c)(i)(83.26(c)(i) of this chapter) and not lower than the
sidelights. (ii) Green:

(b) The lights and shapes on a vessel engaged in dredging or x 0.028 0.009 0.300 0.203
underwater operations to indicate the obstructed side and/or the y 0.385 0.723 0.511 0.356
side on which it is safe to pass, as prescribed in Rule 27(d)(i) and
(ii)(83.27(d)(i) and (ii) of this chapter), shall be placed at the (iii) Red:
maximum practical horizontal distance, but in no case less than 2
meters, from the lights or shapes prescribed in Rule 27(b)(i) and x 0.680 0.660 0.735 0.721
(ii)(83.27(b)(i)and (ii) of this chapter). In no case shall the upper y 0.320 0.320 0.265 0.259
of these lights or shapes be at a greater height than the lower of
the three lights or shapes prescribed in Rule 27(b)(i) and (ii) (iv) Yellow:
(83.27(b)(i) and (ii) of this chapter).
x 0.612 0.618 0.575 0.575
84.05 Screens. y 0.382 0.382 0.425 0.406
(a) The sidelights of vessels of 20 meters or more in length shall
be fitted with matt black inboard screens and meet the 84.14 Intensity of lights.
requirements of 84.15. On vessels of less than 20 meters in (a) The minimum luminous intensity of lights shall be calculated
length, the sidelights, if necessary to meet the requirements of by using the formula:
84.15, shall be fitted with matt black inboard screens. With a
combined lantern, using a single vertical filament and a very I = 3.43 106 T D2 KD
narrow division between the green and red sections, external
screens need not be fitted. Where:

(b) On power-driven vessels less than 12 meters in length I is luminous intensity in candelas under service conditions,
constructed after July 31, 1983, the masthead light, or the all-
round light described in Rule 23(d)(83.23(d) of this chapter) shall T is threshold factor 2 107lux,
be screened to prevent direct illumination of the vessel forward of
the operator's position. D is range of visibility (luminous range) of the light in nautical
miles,
84.06 Shapes.
(a) Shapes shall be black and of the following sizes: K is atmospheric transmissivity. For prescribed lights the value of
K shall be 0.8, corresponding to a meteorological visibility of
(i) A ball shall have a diameter of not less than 0.6 meter. approximately 13 nautical miles.

(ii) A cone shall have a base diameter of not less than 0.6 meters (b) A selection of figures derived from the formula is given in the
and a height equal to its diameter. following table (Table 84.14(b)):

(iii) A diamond shape shall consist of two cones (as defined in TABLE 84.14(B)
paragraph (a)(ii) of this section) having a common base. ------------------------------------------------------------------------------
Minimum luminous
(b) The vertical distance between shapes shall be at least 1.5 Range of visibility (luminous range) intensity of
meters. of light in nautical miles D light in candelas
for K = 0.8 I
(c) In a vessel of less than 20 meters in length shapes of lesser ------------------------------------------------------------------------------

93
1.......................................................... 0.9 intensity of electric lights as fitted shall be maintained on the
2.......................................................... 4.3 horizontal.
3.......................................................... 12
4.......................................................... 27 (d) In the case of lights other than electric lights these
5.......................................................... 52 specifications shall be met as closely as possible.
6.......................................................... 94
------------------------------------------------------------------------------ 84.17 Intensity of non-electric lights.
Non-electric lights shall so far as practicable comply with the
84.15 Horizontal sectors. minimum intensities, as specified in the Table 84.14(b).
(a)(i) In the forward direction, sidelights as fitted on the vessel
shall show the minimum required intensities. The intensities shall 84.18 Maneuvering light.
decrease to reach practical cut-off between 1 and 3 degrees Notwithstanding the provisions of 84.02(f), the maneuvering light
outside the prescribed sectors. described in Rule 34(b)(83.34(b) of this chapter) shall be placed
approximately in the same fore and aft vertical plane as the
(ii) For sternlights and masthead lights and at 22.5 degrees abaft masthead light or lights and, where practicable, at a minimum
the beam for sidelights, the minimum required intensities shall be height of one-half meter vertically above the forward masthead
maintained over the arc of the horizon up to 5 degrees within the light, provided that it shall be carried not less than one-half meter
limits of the sectors prescribed in Rule 21 (83.21 of this chapter). vertically above or below the after masthead light. On a vessel
From 5 degrees within the prescribed sectors the intensity may where only one masthead light is carried the maneuvering light, if
decrease by 50 percent up to the prescribed limits; it shall fitted, shall be carried where it can best be seen, not less than
decrease steadily to reach practical cut-off at not more than 5 one-half meter vertically apart from the masthead light.
degrees outside the prescribed sectors.
84.19 High-speed craft.
(b) All-round lights shall be so located as not to be obscured by (a) The masthead light of high-speed craft may be placed at a
masts, topmasts or structures within angular sectors of more than height related to the breadth of the craft lower than that
6 degrees, except anchor lights prescribed in Rule 30 (83.30 of prescribed in 84.02(a)(i), provided that the base angle of the
this chapter), which need not be placed at an impracticable height isosceles triangle formed by the sidelights and masthead light,
above the hull, and the all-round white light described in Rule when seen in end elevation is not less than 27.
23(e) (83.23(e) of this chapter), which may not be obscured at all.
(b) On high-speed craft of 50 meters or more in length, the
(c) If it is impracticable to comply with paragraph (b) of this vertical separation between foremast and mainmast light of 4.5
section by exhibiting only one all-round light, two all-round lights meters required by 84.02(k) may be modified provided that such
shall be used suitably positioned or screened to appear, as far as distance shall not be less than the value determined by the
practicable, as one light at a minimum distance of one nautical following formula:
mile.

Note to paragraph (c): Two unscreened all-round lights that are


1.28 meters apart or less will appear as one light to the naked eye
at a distance of one nautical mile
Where:
84.16 Vertical sectors.
(a) The vertical sectors of electric lights as fitted, with the y is the height of the mainmast light above the foremast light in
exception of lights on sailing vessels underway and on unmanned meters;
barges, shall ensure that:
a is the height of the foremast light above the water surface in
(i) At least the required minimum intensity is maintained at all service condition in meters;
angles from 5 degrees above to 5 degrees below the horizontal;
[Psi] is the trim in service condition in degrees;
(ii) At least 60 percent of the required minimum intensity is
maintained from 7.5 degrees above to 7.5 degrees below the C is the horizontal separation of masthead lights in meters.
horizontal.
Note to 84.19: Refer to the International Code of Safety for
(b) In the case of sailing vessels underway, the vertical sectors of High-Speed Craft, 1994 and the International Code of Safety for
electric lights, as fitted, shall ensure that: High-Speed Craft, 2000.

(i) At least the required minimum intensity is maintained at all 84.20 Approval.
angles from 5 degrees above to 5 degrees below the horizontal; The construction of lights and shapes and the installation of lights
on board the vessel must satisfy the Commandant, U.S. Coast
(ii) At least 50 percent of the required minimum intensity is Guard.
maintained from 25 degrees above to 25 degrees below the
horizontal. [66 FR 55086, Nov. 1, 2001; 67 FR 2329, Jan. 17, 2002, FR Doc.
2014-14413 Filed 7-1-14; 8:45 am]
(c) In the case of unmanned barges the minimum required

94
Part 85-Annex II: Additional Signals For Fishing Vessels
Fishing In Close Proximity
(Removed and Reserved)

95
PART 87-ANNEX IV: DISTRESS SIGNALS
Sec. transmitted on:
87.01 Need of assistance.
87.02 Exclusive use. (i) VHF channel 70, or
87.03 Supplemental signals.
(ii) MF/HF on the frequencies 2187.5 kHz, 8414.5 kHz, 4207.5
Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C. kHz, 6312 kHz, 12577 kHz or 16804.5 kHz;
2071); Department of Homeland Security Delegation No. 0170.1.
(m) A ship-to-shore distress alert transmitted by the ship's
Source: 79 FR 37925, July 2, 2014, unless otherwise noted. Inmarsat or other mobile satellite service provider ship earth
______________________________________________________________________ station;
87.01 Need of assistance.
(n) Signals transmitted by emergency position-indicating radio
The following signals, used or exhibited either together or
beacons;
separately, indicate distress and need of assistance:
(o) Signals transmitted by radiocommunication systems, including
(a) A gun or other explosive signal fired at intervals of about a
survival craft radar transponders meeting the requirements of 47
minute;
CFR 80.1095; and
(b) A continuous sounding with any fog-signaling apparatus;
(p) A high intensity white light flashing at regular intervals from 50
to 70 times per minute.
(c) Rockets or shells, throwing red stars fired one at a time at
short intervals;
87.02 Exclusive use.
The use or exhibition of any of the foregoing signals except for the
(d) A signal made by any method consisting of the group . . . - - -
purpose of indicating distress and need of assistance and the use
. . . (SOS) in the Morse Code;
of other signals which may be confused with any of the above
signals is prohibited.
(e) A signal sent by radiotelephony consisting of the spoken word
"Mayday";
87.03 Supplemental signals.
Attention is drawn to the relevant sections of the International
(f) The International Code Signal of distress indicated by N.C.;
Code of Signals, the International Aeronautical and Maritime
Search and Rescue Manual, Volume III, the International
(g) A signal consisting of a square flag having above or below it a
Telecommunication Union Radio Regulations and the following
ball or anything resembling a ball;
signals:
(h) Flames on the vessel (as from a burning tar barrel, oil barrel,
(a) A piece of orange-colored canvas with either a black square
etc.);
and circle or other appropriate symbol (for identification from the
air);
(i) A rocket parachute flare or a hand flare showing a red light;
(b) A dye marker.
(j) A smoke signal giving off orange-colored smoke;
[CGD 81-007, 47 FR 16174, Apr. 15, 1982, as amended by CGD
(k) Slowly and repeatedly raising and lowering arms outstretched
89-024, 55 FR 3947, Feb. 6, 1990, FR Doc. 2014-14413 Filed 7-
to each side;
1-14; 8:45 am]
(l) A distress alert by means of digital selective calling (DSC)

96
PART 88-ANNEX V: PILOT RULES
Sec. This light must be located so that it does not interfere with the
88.01 Purpose and applicability. visibility of the vessel's navigation lights.
88.03 Definitions.
88.05 Law enforcement vessels. (b) The blue light described in this section may be displayed by
88.07 Public safety activities. law enforcement vessels of the United States and the States and
their political subdivisions.
Authority: Sec. 303, Pub. L. 108-293, 118 Stat. 1042 (33 U.S.C.
2071); Department of Homeland Security Delegation No. 0170.1. 88.07 Public safety activities.
(a) Vessels engaged in government sanctioned public safety
Source: 79 FR 37925, July 2, 2014, unless otherwise noted. activities, and commercial vessels performing similar functions,
____________________________________________________ may display an alternately flashing red and yellow light signal.
This identification light signal must be located so that it does not
88.01 Purpose and applicability. interfere with the visibility of the vessel's navigation lights. The
identification light signal may be used only as an identification
This part applies to all vessels operating on United States inland signal and conveys no special privilege. Vessels using the
waters and to United States vessels operating on the Canadian identification light signal during public safety activities must abide
waters of the Great Lakes to the extent there is no conflict with by the Inland Navigation Rules, and must not presume that the
Canadian law. light or the exigency gives them precedence or right of way.

88.03 Definitions. (b) Public safety activities include but are not limited to patrolling
marine parades, regattas, or special water celebrations; traffic
The terms used in this part have the same meaning as the terms control; salvage; firefighting; medical assistance; assisting
defined in part 83 of this subchapter. disabled vessels; and search and rescue.

88.05 Law enforcement vessels. [79 FR 37925, July 2, 2014, as amended by USCG-2012-0102,
(a) Law enforcement vessels may display a flashing blue light 79 FR 68622, Nov. 18, 2014]
when engaged in direct law enforcement or public safety activities.

97
Part 89-Inland Navigation Rules: Implementing Rules
Table of Contents for a determination that alternative compliance is justified. The
application must be in writing, submitted to the Chief of the Marine
Safety Division of the Coast Guard District in which the vessel is
Subpart A-Certificate Of Alternative Compliance being built or operated, and include the following information:
Sec.
89.1 Definitions. (1) The name, address, and telephone number of the applicant.
89.3 General.
89.5 Application For A Certificate Of Alternative Compliance. (2) The identification of the vessel by its:
89.9 Certificate Of Alternative Compliance: Contents.
89.17 Certificate Of Alternative Compliance: Termination. (2)(i) Official number;
89.18 Record Of Certification Of Vessels Of Special Construction
Or Purpose. (2)(ii) Shipyard hull number;

Subpart B-Waters Upon Which Certain Inland (2)(iii) Hull identification number; or
Navigation Rules Apply (2)(iv) State number, if the vessel does not have an official
89.21 Purpose. number or hull identification number.
89.23 Definitions.
89.25 Waters Upon Which Inland Rules 9(a)(ii),14(d), And 15(b) (3) Vessel name and home port, if known.
Apply.
89.27 Waters Upon Which Inland Rule 24(i) Applies. (4) A description of the vessel's area of operation.

Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14). (5) A description of the provision for which the Certificate of
Alternative Compliance is sought, including:
Source: CGD 80-157, 47 FR 13801, Apr. 1, 1982, unless
otherwise noted. (5)(i) The Inland Rules Rule or Annex section number for which
the Certificate of Alternative Compliance is sought;

Subpart A-Certificate Of Alternative Compliance (5)(ii) A description of the special function of the vessel that would
be interfered with by full compliance with the provision of that
89.1 Definitions. Rule or Annex section; and
As used in this subpart:
(5)(iii) A statement of how full compliance would interfere with the
Inland Rules refers to the Inland Navigation Rules contained in special function of the vessel.
the Inland Navigational Rules Act of 1980 (Pub. L. 96-591) and
the technical annexes established under that act. (6) A description of the alternative installation that is in closest
possible compliance with the applicable Inland Navigation Rules
A vessel of special construction or purpose means a vessel Rule or Annex section.
designed or modified to perform a special function and whose
arrangement is thereby made relatively inflexible. (7) A copy of the vessel's plans or an accurate scale drawing that
clearly shows:
Interference with the special function of the vessel occurs
when installation or use of lights, shapes, or sound-signaling (7)(i) The required installation of the equipment under the Inland
appliances under the Inland Rules prevents or significantly Rules,
hinders the operation in which the vessel is usually engaged.
(7)(ii) The proposed installation of the equipment for which
[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by CGD certification is being sought, and
83-028, 49 FR 33876, Aug. 27, 1984]
(7)(iii) Any obstructions that may interfere with the equipment
89.3 General. when installed in:
Vessels of special construction or purpose which cannot fully
comply with the light, shape, and sound signal provisions of the (7)(iii)(A) The required location; and
Inland Rules without interfering with their special function may
instead meet alternative requirements. The Chief of the Marine (7)(iii)(B) The proposed location.
Safety Division in each Coast Guard District Office makes this
determination and requires that alternative compliance be as (b) The Coast Guard may request from the applicant additional
close as possible with the Inland Rules. These regulations set out information concerning the application.
the procedure by which a vessel may be certified for alternative
compliance. The information collection and recordkeeping [CGD 80-157, 47 FR 13801, Apr. 1, 1982; 47 FR 18332, Apr. 29,
requirements in 89.5 and 89.18 have been approved by the 1982]
Office of Management and Budget under OMB control No. 1625-
0019. 89.9 Certificate Of Alternative Compliance: Contents.
The Chief of the Marine Safety Division issues the Certificate of
[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by USCG- Alternative Compliance to the vessel based on a determination
2006-25150, 71 FR 39208, July 12, 2006] that it cannot comply fully with Inland Rules light, shape, and
sound signal provisions without interference with its special
89.5 Application For A Certificate Of Alternative Compliance. function. This Certificate includes:
(a) The owner, builder, operator, or agent of a vessel of special
construction or purpose who believes the vessel cannot fully (a) Identification of the vessel as supplied in the application under
comply with the Inland Rules light, shape, or sound signal 89.5(a)(2);
provisions without interference with its special function may apply

98
(b) The provision of the Inland Rules for which the Certificate 89.25 Waters Upon Which Inland Rules 9(a)(ii), 14(d), And
authorizes alternative compliance; 15(b) Apply.
Inland Rules 9(a)(ii), 14(d), and 15(b) apply on the Great Lakes,
(c) A certification that the vessel is unable to comply fully with the the Western Rivers, and the following specified waters:
Inland Rules light, shape, and sound signal requirements without
interference with its special function; (a) Tennessee-Tombigbee Waterway.

(d) A statement of why full compliance would interfere with the (b) Tombigbee River.
special function of the vessel;
(c) Black Warrior River.
(e) The required alternative installation;
(d) Alabama River.
(f) A statement that the required alternative installation is in the
closest possible compliance with the Inland Rules without (e) Coosa River.
interfering with the special function of the vessel;
(f) Mobile River above the Cochrane Bridge at St. Louis Point.
(g) The date of issuance;
(g) Flint River.
(h) A statement that the Certificate of Alternative Compliance
terminates when the vessel ceases to be usually engaged in the (h) Chattahoochee River.
operation for which the certificate is issued.
(i) The Apalachicola River above its confluence with the Jackson
89.17 Certificate Of Alternative Compliance: Termination. River.
The Certificate of Alternative Compliance terminates if the
information supplied under 89.5(a) or the Certificate issued [CGD 91-050, 58 FR 27625, May 10, 1993, as amended by
under 89.9 is no longer applicable to the vessel. USCG-2014-0410, 79 FR 38432, July 7, 2014]

89.18 Record Of Certification Of Vessels Of Special 89.27 Waters Upon Which Inland Rule 24(i) Applies.
Construction Or Purpose. (a) Inland Rule 24(i) applies on the Western Rivers and the
(a) Copies of Certificates of Alternative Compliance and specified waters listed in 89.25 (a) through (i).
documentation concerning Coast Guard vessels are available for
inspection at the offices of the Marine Transportation Systems (b) Inland Rule 24(i) applies on the Gulf Intracoastal Waterway
Directorate, U.S. Coast Guard Headquarters (CG-5PW), Stop from St. Marks, Florida, to the Rio Grande, Texas, including the
7509, 2703 Martin Luther King Avenue SE., Washington, DC Morgan City-Port Allen Alternate Route and the Galveston-
20593-7509. Freeport Cutoff, except that a power-driven vessel pushing ahead
or towing alongside shall exhibit the lights required by Inland Rule
(b) The owner or operator of a vessel issued a Certificate shall 24(c), while transiting within the following areas:
ensure that the vessel does not operate unless the Certificate of
Alternative Compliance or a certified copy of that Certificate is on (1) St. Andrews Bay from the Hathaway Fixed Bridge at Mile
board the vessel and available for inspection by Coast Guard 284.6 East of Harvey Locks (EHL) to the DuPont Fixed Bridge at
personnel. Mile 295.4 EHL.

[CGD 80-187, 47 FR 13801, Apr. 1, 1982, as amended by CGD (2) Pensacola Bay, Santa Rosa Sound and Big Lagoon from the
88-052, 53 FR 25120, July 1, 1988; CGD 96-026, 61 FR 33663, Light 10 off of Trout Point at Mile 176.9 EHL to the Pensacola
June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997; Fixed Bridge at Mile 189.1 EHL.
USCG-2002-12471, 67 FR 41332, June 18, 2002; USCG-2010-
0351, 75 FR 36281, June 25, 2010; USCG-2014-0410, 79 FR (3) Mobile Bay and Bon Secour Bay from the Dauphin Island
38431, July 7, 2014] Causeway Fixed Bridge at Mile 127.7 EHL to Little Point Clear at
Mile 140 EHL.
Subpart B-Waters Upon Which Certain Inland
Navigation Rules Apply (4) Mississippi Sound from Grand Island Waterway Light 1 at
Mile 53.8 EHL to Light 40 off the West Point of Dauphin Island at
89.21 Purpose. Mile 118.7 EHL.
Inland Navigation Rules 9(a)(ii), 14(d), and 15(b) apply to the
Great Lakes, and along with 24(i), apply on the Western Rivers (5) The Mississippi River at New Orleans, Mississippi River-Gulf
as defined in Rule 3(1), and to additional specifically designated Outlet Canal and the Inner Harbor Navigation Canal from the
waters. The purpose of this Subpart is to specify those additional junction of the Harvey Canal and the Algiers Alternate Route at
waters upon which Inland Navigation Rules 9(a)(ii), 14(d), 15(b), Mile 6.5 West of Harvey Locks (WHL) to the Michoud Canal at
and 24(i) apply. Mile 18 EHL.

[CGD 85-081, 51 FR 4592, Feb. 6, 1986] (6) The Calcasieu River from the Calcasieu Lock at Mile 238.6
WHL to the Ellender Lift Bridge at Mile 243.6 WHL.
89.23 Definitions.
As used in this subpart: (7) The Sabine Neches Canal from mile 262.5 WHL to mile 291.5
WHL.
Inland Rules refers to the Inland Navigation Rules contained in
the Inland Navigational Rules Act of 1980 (Pub. L. 96-591, 33 (8) Bolivar Roads from the Bolivar Assembling Basin at Mile 346
U.S.C. 2001 et. seq.) and the technical annexes established WHL to the Galveston Causeway Bridge at Mile 357.3 WHL.
under that Act.
(9) Freeport Harbor from Surfside Beach Fixed Bridge at Mile
[CGD 83-028, 49 FR 33876, Aug. 27, 1984] 393.8 WHL to the Bryan Beach Pontoon Bridge at Mile 397.6
WHL.

99
(10) Matagorda Ship Channel area of Matagorda Bay from Range in the Gulf Intracoastal Waterway Alternate Route to Corpus
K Front Light at Mile 468.7 WHL to the Port O'Connor Jetty at Christi Bay LT 76 at Mile 543.7 WHL.
Mile 472.2 WHL.
(12) Port Isabel and Brownsville Ship Channel south of the Padre
(11) Corpus Christi Bay from Redfish Bay Day Beacon 55 at Island Causeway Fixed Bridge at Mile 665.1 WHL.
Mile 537.4 WHL when in the Gulf Intracoastal Waterway main
route or from the north end of Lydia Ann Island Mile 531.1A when [CGD 91-050, 58 FR 27625, May 10, 1993]

100
Part 90-Inland Rules: Interpretative Rules
Table of Contents and a vessel being pushed ahead are rigidly connected in a
composite unit, they are regarded as a power-driven vessel and
Sec. must exhibit the lights prescribed in Rule 23. A "composite unit" is
90.1 Purpose. interpreted to be the combination of a pushing vessel and a
90.3 Pushing Vessel And Vessel Being Pushed: Composite vessel being push ahead that are rigidly connected by mechanical
Unit. means so they react to sea and swell as one vessel. Mechanical
90.5 Lights For Moored Vessels. means does not include lines, wires, hawsers, or chains.
90.7 Sidelights For Unmanned Barges.
90.5 Lights For Moored Vessels.
Authority: 33 U.S.C. 2071; 49 CFR 1.46(n)(14). A vessel at anchor includes a vessel made fast to one or more
mooring buoys or other similar device attached to the ocean floor.
Source: CGD 83-011, 48 FR 51622, Nov. 10, 1983, unless Such vessels may be lighted as a vessel at anchor in accordance
otherwise noted. with Rule 30, or may be lighted on the corners in accordance with
33 CFR 88.13.

90.1 Purpose. [CGD 94-011, 63 FR 5732, Feb. 4, 1998]


This part contains the interpretative rules for the Inland Rules.
These interpretative rules are intended as a guide to assist the 90.7 Sidelights For Unmanned Barges.
public and promote compliance with the Inland Rules. An unmanned barge being towed may use the exception of
COLREGS Rule 24(h). However, this exception only applies to
90.3 Pushing Vessel And Vessel Being Pushed: Composite the vertical sector requirements for sidelights.
Unit.
Rule 24(b) of the Inland Rules states that when a pushing vessel [CGD 94-011, 63 FR 5732, Feb. 4, 1998]

101
Part 95-Operating A Vessel While Under The Influence Of
Alcohol Or A Dangerous Drug
Table of Contents Chemical test means a test which analyzes an individual's breath,
blood, urine, saliva and/or other bodily fluids or tissues for
evidence of drug or alcohol use.
Sec.
95.001 Purpose.
Controlled substance has the same meaning assigned by 21
95.005 Applicability.
U.S.C. 802 and includes all substances listed on Schedules I
95.010 Definition Of Terms As Used In This Part.
through V as they may be revised from time to time (21 CFR Part
95.015 Operating A Vessel.
1308).
95.020 Standard For Under The Influence Of Alcohol Or A
Dangerous Drug
Drug means any substance (other than alcohol) that has known
95.025 Adoption Of State Blood Alcohol Concentration levels.
mind or function-altering effects on a person, specifically including
95.030 Evidence Of Under The Influence Of Alcohol Or A
any psychoactive substance, and including, but not limited to,
Dangerous Drug.
controlled substances.
95.035 Reasonable Cause For Directing A Chemical Test.
95.040 Refusal To Submit To Testing.
Intoxicant means any form of alcohol, drug or combination
95.045 General Operating Rules For Vessels Inspected, Or
thereof.
Subject To Inspection, Under Chapter 33 Of Title 46
United States Code.
Law enforcement officer means a Coast Guard commissioned,
95.050 Responsibility For Compliance.
warrant, or petty officer; or any other law enforcement officer
authorized to obtain a chemical test under Federal, State, or local
Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; Department of
law.
Homeland Security Delegation No. 0170.1.
Marine employer means the owner, managing operator,
Source: CGD 84-099, 52 FR 47532, Dec. 14, 1987, unless
charterer, agent, master, or person in charge of a vessel other
otherwise noted.
than a recreational vessel.
[66 FR 1859, Jan. 10, 2001; 66 FR 9658, Feb. 9, 2001]
Recreational vessel means a vessel meeting the definition in 46
U.S.C. 2101(25) that is then being used only for pleasure.

95.001 Purpose. State means a State or Territory of the United States of America
(a) The purpose of this part is to establish under the influence of including but not limited to a State of the United States, American
alcohol or a dangerous drug standards under 46 U.S.C. 2302 and Samoa, the Commonwealth of the Northern Marianas Islands,
to prescribe restrictions and responsibilities for personnel on District of Columbia, Guam, Puerto Rico, and the United States
vessels inspected, or subject to inspection, under Chapter 33 of Virgin Islands.
Title 46 United States Code. This part does not pre-empt
enforcement by a State of its applicable laws and regulations Under the influence means impaired or intoxicated by a drug or
concerning operating a recreational vessel while under the alcohol as a matter of law.
influence of alcohol or a dangerous drug.
Underway means that a vessel is not at anchor, or made fast to
(b) Nothing in this part shall be construed as limiting the authority the shore, or aground.
of a vessel's marine employer to limit or prohibit the use or
possession of alcohol on board a vessel. Vessel includes every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
[66 FR 1859, Jan. 10, 2001; 66 FR 9658, Feb. 9, 2001] transportation on water.

95.005 Applicability. Vessel owned in the United States means any vessel
(a) This part is applicable to a vessel (except those excluded by documented or numbered under the laws of the United States;
46 U.S.C. 2109) operated on waters subject to the jurisdiction of and, any vessel owned by a citizen of the United States that is not
the United States, and to a vessel owned in the United States on documented or numbered by any nation.
the high seas. This includes a foreign vessel operated on waters
subject to the jurisdiction of the United States. Waters subject to the jurisdiction of the United States means
those waters described in 2.38 of this chapter.
(b) This part is also applicable at all times to vessels inspected, or
subject to inspection, under Chapter 33 of Title 46 United States [CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR
Code. 13117, Apr. 21, 1988, as amended by USCG-1998-4593, 66 FR
1862, Jan. 10, 2001; USCG-2001-9044, 68 FR 42601, July 18,
[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-009, 53 FR 2003]
13117, Apr. 21, 1988]
95.015 Operating A Vessel.
95.010 Definition Of Terms As Used In This Part. For purposes of this part, an individual is considered to be
operating a vessel when:
Alcohol means any form or derivative of ethyl alcohol (ethanol).
(a) The individual has an essential role in the operation of a
Alcohol concentration means either grams of alcohol per 100 recreational vessel underway, including but not limited to
milliliters of blood, or grams of alcohol per 210 liters of breath. navigation of the vessel or control of the vessel's propulsion
system.
Blood alcohol concentration level means a certain percentage
of alcohol in the blood. (b) The individual is a crewmember (including an officer), pilot, or

102
watchstander not a regular member of the crew, of a vessel other (a) Only a law enforcement officer or a marine employer may
than a recreational vessel. direct an individual operating a vessel to undergo a chemical test
when reasonable cause exists. Reasonable cause exists when:
[CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended at
USCG-2006-24371, 74 FR 11211, Mar. 16, 2009] (1) The individual was directly involved in the occurrence of a
marine casualty as defined in Chapter 61 of Title 46, United
95.020 Standard For Under The Influence Of Alcohol Or A States Code, or
Dangerous Drug.
An individual is under the influence of alcohol or a dangerous (2) The individual is suspected of being in violation of the
drug when: standards in 95.020 or 95.025.

(a) The individual is operating a recreational vessel and has a (b) When an individual is directed to undergo a chemical test, the
Blood Alcohol Concentration (BAC) level of .08 percent or more, individual to be tested must be informed of that fact and directed
by weight, in their blood; to undergo a test as soon as is practicable.

(b) The individual is operating a vessel other than a recreational (c) When practicable, a marine employer should base a
vessel and has an alcohol concentration of .04 percent by weight determination of the existence of reasonable cause, under
or more in their blood; or, paragraph (a)(2) of this section, on observation by two persons.

(c) The individual is operating any vessel and the effect of the [CGD 84-099, FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR
intoxicant(s) consumed by the individual on the person's manner, 13117, Apr. 1, 1988]
disposition, speech, muscular movement, general appearance or
behavior is apparent by observation. 95.040 Refusal To Submit To Testing.
(a) If an individual refuses to submit to or cooperate in the
[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-099, 53 FR administration of a timely chemical test when directed by a law
13117, April 21, 1988; 66 FR 1859, Jan. 10, 2001; 66 FR 9658, enforcement officer based on reasonable cause, evidence of the
Feb. 9, 2001] refusal is admissible in evidence in any administrative proceeding
and the individual will be presumed to be under the influence of
95.025 Adoption Of State Blood Alcohol Concentration alcohol or a dangerous drug.
Levels.
(a) This section applies to operators of recreational vessels on (b) If an individual refuses to submit to or cooperate in the
waters within the geographical boundaries of any State that has administration of a timely chemical test when directed by the
established by statute a blood alcohol concentration level for marine employer based on reasonable cause, evidence of the
purposes of determining whether a person is operating a vessel refusal is admissible in evidence in any administrative proceeding.
under the influence of alcohol.
[66 FR 1859, Jan. 10, 2001; 66 FR 9658, Feb. 9, 2001]
(b) If the applicable State statute establishes a blood alcohol
concentration level at which a person is considered or presumed 95.045 General Operating Rules For Vessels Inspected, Or
to be under the influence of alcohol, then that level applies within Subject To Inspection, Under Chapter 33 Of Title 46 United
the geographical boundaries of that State instead of the level States Code.
provided in 95.020(a) of this part. While on board a vessel inspected, or subject to inspection, under
Chapter 33 of Title 46 United States Code, a crewmember
(c) For the purposes of this part, a standard established by State (including an officer), pilot, or watchstander not a regular member
statute and adopted under this section is applicable to the of the crew:
operation of any recreational vessel on waters within the
geographical boundaries of the State. (a) Shall not perform or attempt to perform any scheduled duties
within four hours of consuming any alcohol;
[66 FR 1859, Jan. 10, 2001; 66 FR 9658, Feb. 9, 2001]
(b) Shall not be intoxicated at any time;
95.030 Evidence Of Under The Influence Of Alcohol Or A
Dangerous Drug. (c) Shall not consume any intoxicant while on watch or duty; and
Acceptable evidence of when a vessel operator is under the
influence of alcohol or a dangerous drug includes, but is not (d) May consume a legal non-prescription or prescription drug
limited to: provided the drug does not cause the individual to be intoxicated.

(a) Personal observation of an individual's manner, disposition, [CGD 84-099, 52 FR 47532, Dec. 14, 1987, as amended at
speech, muscular movement, general appearance, or behavior; or, USCG-2006-24371, 74 FR 11211, Mar. 16, 2009]

(b) A chemical test. 95.050 Responsibility For Compliance.


(a) The marine employer shall exercise due diligence to assure
[CGD 84-099, 53 FR 13117, April 21, 1988; CGD 84-009, 53 FR compliance with the applicable provisions of this part.
13117, Apr. 21, 1988; 66 FR 1859, Jan. 10, 2001; 66 FR 9658,
Feb. 9, 2001] (b) If the marine employer has reason to believe that an individual
is intoxicated, the marine employer shall not allow that individual
95.035 Reasonable Cause For Directing A Chemical Test. to stand watch or perform other duties.

103
Part 96-Rules For The Safe Operation Of Vessels And
Safety Management Systems
Table of Contents Organization?

Authority: 46 U.S.C. 3201 et. seq.; 46 U.S.C. 3103; 46 U.S.C.


Subpart A-General
3316; 33 U.S.C. 1231; 49 CFR 1.45; 49 CFR 1.46.
Sec.
96.100 Purpose. Source: CGD 95-073, 62 FR 67506, Dec. 24, 1997, unless
96.110 Who Does This Subpart Apply To? otherwise noted.
96.120 Definitions.
96.130 Incorporation By Reference. Editorial Note: Nomenclature changes to part 96 appear by
USCG -0351, 75 FR 36281, June 25, 2010, and by USCG-2014-
Subpart B-Company And Vessel Safety 0410, 79 FR 38432, July 7, 2014.
Management Systems
96.200 Purpose. Subpart A-General
96.210 Who Does This Subpart Apply To?
96.220 What Makes Up A Safety Management System? 96.100 Purpose.
96.230 What Objectives Must A Safety Management System This subpart implements Chapter IX of the International
Meet? Convention for the Safety of Life at Sea (SOLAS), 1974,
96.240 What Functional Requirements Must A Safety Manage- International Management Code for the Safe Operation of Ships
ment System Meet? and for Pollution Prevention (International Safety Management
96.250 What Documents And Reports Must A Safety Manage- (ISM) Code), as required by 46 U.S.C. Chapter 32.
ment System Have?
NOTE: Chapter IX of SOLAS is available from the International
Subpart C-How Will Safety Management Systems Maritime Organization, Publication Section, 4 Albert Embankment,
Be Certificated And Enforced? London, SE1 75R, United Kingdom, Telex 23588. Please include
document reference number "IMO-190E" in your request.
96.300 Purpose.
96.310 Who Does This Subpart Apply To? 96.110 Who Does This Subpart Apply To?
96.320 What Is Involved To Complete A Safety Management This subpart applies to you if-
Audit And When Is It Required To Be Completed?
96.330 Document Of Compliance Certificate: What Is It And (a) You are a responsible person who owns a U.S. vessel(s) and
When Is It Needed? must comply with Chapter IX of SOLAS;
96.340 Safety Management Certificate: What Is It And When Is
It Needed? (b) You are a responsible person who owns a U.S. vessel(s) that
96.350 Interim Document Of Compliance Certificate: What Is It is not required to comply with Chapter IX of SOLAS, but requests
And When Can It Be Used? application of this subpart;
96.360 Interim Safety Management Certificate: What Is It And
When Can It Be Used? (c) You are a responsible person who owns a foreign vessel(s)
96.370 What Are The Requirements For Vessels Of Countries engaged on a foreign voyage, bound for ports or places under the
Not Party To Chapter IX Of SOLAS? jurisdiction of the U.S., which must comply with Chapter IX of
96.380 How Will The Coast Guard Handle Compliance And SOLAS; or
Enforcement Of These Regulations?
96.390 When Will The Coast Guard Deny Entry Into A U.S. (d) You are a recognized organization applying for authorization
Port? to act on behalf of the U.S. to conduct safety management audits
and issue international convention certificates.
Subpart D-Authorization Of Recognized
96.120 Definitions.
Organizations To Act On Behalf Of The U.S.
(a) Unless otherwise stated in this section, the definitions in
96.400 Purpose. Chapter IX, Regulation 1 of the International Convention for the
96.410 Who Does This Regulation Apply To? Safety of Life at Sea (SOLAS) apply to this part.
96.420 What Authority May An Organization Ask For Under
This Regulation? (b) As used in this part-
96.430 How Does An Organization Submit A Request To Be
Authorized? Administration means the Government of the State whose flag
96.440 How Will The Coast Guard Decide Whether To Approve the ship is entitled to fly.
An Organization's Request To Be Authorized?
96.450 What Happens If The Coast Guard Disapproves An Authorized Organization Acting on behalf of the U.S. means
Organization's Request To Be Authorized? an organization that is recognized by the Commandant of the U.S.
96.460 How Will I Know What The Coast Guard Requires Of Coast Guard under the minimum standards of subparts A and B
My Organization If My Organization Receives of 46 CFR part 8, and has been authorized under this section to
Authorization? conduct certain actions and certifications on behalf of the United
96.470 How Does The Coast Guard Terminate An Organ- States.
ization's Authorization?
96.480 What Is The Status Of A Certificate If The Issuing Orga- Captain of the Port (COTP) means the U.S. Coast Guard officer
nization Has Its Authority Terminated? as described in 33 CFR 6.01-3, commanding a Captain of the
96.490 What Further Obligations Exist For My Organization If Port zone described in 33 CFR part 3, or that person's authorized
The Coast Guard Terminates Its Authorization? representative.
96.495 How Can I Appeal A Decision Made By An Authorized
Commandant means the Commandant, U.S. Coast Guard.

104
Company means the owner of a vessel, or any other organization activities and related results comply with planned arrangements
or person such as the manager or the bareboat charterer of a and whether these arrangements are implemented effectively and
vessel, who has assumed the responsibility for operation of the are suitable to achieve objectives.
vessel from the shipowner and who on assuming responsibility
has agreed to take over all the duties and responsibilities imposed Safety Management Certificate means a document issued to a
by this part or the ISM Code. vessel which signifies that the responsible person or its company,
and the vessel's shipboard management operate in accordance
Designated person means a person or persons designated in with the approved safety management system.
writing by the responsible person who monitors the safety
management system of the company and vessel and has: Safety Management System means a structured and
documented system enabling Company and vessel personnel to
(1) Direct access to communicate with the highest levels of the effectively implement the responsible person's safety and
company and with all management levels ashore and aboard the environmental protection policies.
company's vessel(s);
SOLAS means the International Convention for the Safety of Life
(2) Responsibility to monitor the safety and environmental aspects at Sea, 1974, as amended.
of the operation of each vessel; and
Vessel engaged on a foreign voyage means a vessel to which
(3) Responsibility to ensure there are adequate support and this part applies that is-
shore-based resources for vessel(s) operations.
(1) Arriving at a place under the jurisdiction of the United States
Document of Compliance means a certificate issued to a from a place in a foreign country;
company or responsible person that complies with the
requirements of this part or the ISM Code. (2) Making a voyage between places outside the United States; or

International Safety Management (ISM) Code means the (3) Departing from a place under the jurisdiction of the United
International Management Code for the Safe Operation of Ships States for a place in a foreign country.
and Pollution Prevention, Chapter IX of the Annex to the
International Convention for the Safety of Life at Sea (SOLAS), 96.130 Incorporation by reference.
1974. (a) The Director of the Federal Register approves certain material
that is incorporated by reference into this subpart under 5 U.S.C.
Non-conformity means an observed situation where objective 552(a) and 1 CFR part 51. To enforce any edition other than that
evidence indicates the non-fulfillment of a specified requirement. specified in paragraph (b) of this section, the Coast Guard must
publish notice of the change in the FEDERAL REGISTER and the
Major non-conformity means an identifiable deviation which material must be available to the public. You may inspect all
poses a serious threat to personnel or vessel safety or a serious material at the Coast Guard Headquarters. Contact Commandant
risk to the environment and requires immediate corrective action; (CG-ENG), Attn: Office of Design and Engineering Standards,
in addition, the lack of effective and systematic implementation of U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue
a requirement of the ISM Code is also considered a major non- SE., Washington, DC 20593-7509. The material is also available
conformity. at the National Archives and Records Administration (NARA), and
from the source listed in paragraph (b) of this section. For
Objective Evidence means quantitative or qualitative information, information on the availability of this material at NARA, call 202
records or statements of fact pertaining to safety or to the 7416030, or go to:
existence and implementation of a safety management system http://www.archives.gov/federallregister/codeloflfederallregulation
element, which is based on observation, measurement or test and s/ibrllocations.html.
which can be verified.
(b) The material approved for incorporation by reference in this
Officer In Charge, Marine Inspection (OCMI) means the U.S. subpart and the sections affected are as follows:
Coast Guard officer as described in 46 CFR 1.01-15(b), in charge
of an inspection zone described in 33 CFR part 3, or that person's American National Standards Institute (ANSI)
authorized representative. 11 West 42nd St., New York, NY 10036.

Recognized organization means an organization which has ANSI/ASQC Q90011994, Quality Systems
applied and been recognized by the Commandant of the Coast Model for Quality Assurance in Design,Development, Production,
Guard to meet the minimum standards of 46 CFR part 8, subparts Installation, and Servicing, 199496.430
A and B.
International Maritime Organization IMO4 Albert Embankment,
Responsible person means- London, SE1 7SR,
United Kingdom.
(1) The owner of a vessel to whom this part applies, or
Resolution A.741(18), International Management Code for the
(2) Any other person that- Safe Operation of Ships and for Pollution Prevention, November 4,
199396.220, 96.370
(i) has assumed the responsibility from the owner for operation of
the vessel to which this part applies; and Resolution A.788 (19), Guidelines on Implementation of the
International Safety Management (ISM) Code by Administrations,
(ii) agreed to assume, with respect to the vessel, responsibility for November 23, 199596.320, 96.440
complying with all the requirements of this part.
Resolution A.739(18), Guidelines for the Authorization of
(3) A responsible person may be a company, firm, corporation, Organizations Acting on Behalf of the Administration, November 4,
association, partnership or individual. 199396.440

Safety management audit means a systematic and independent [CGD 95073, 62 FR 67506, Dec. 24, 1997, as amended at 69
examination to determine whether the safety management system FR 18803, Apr. 9, 2004]

105
Subpart BCompany and Vessel Safety (1) Safety and pollution prevention policy;
Management Systems (2) Functional safety and operational requirements;
96.200 Purpose.
This subpart establishes the minimum standards that the safety (3) Recordkeeping responsibilities; and
management system of a company and its U.S. flag vessel(s)
must meet for certification to comply with the requirements of 46 (4) Reporting responsibilities.
U.S.C. 3201-3205 and Chapter IX of SOLAS, 1974. It also
permits companies with U.S. flag vessels that are not required to (b) A safety management system must also be consistent with the
comply with this part to voluntarily develop safety management functional standards and performance elements of IMO
systems which can be certificated to standards consistent with Resolution A.741(18).
Chapter IX of SOLAS.
96.230 What Objectives Must A Safety Management System
96.210 Who Does This Subpart Apply To? Meet?
(a) This subpart applies- The safety management system must:

(1) To a responsible person who owns or operates a U.S. (a) Provide for safe practices in vessel operation and a safe work
vessel(s) engaged on a foreign voyage which meet the conditions environment onboard the type of vessel the system is developed
of paragraph (a)(2) of this section; for;

(2) To all U.S. vessels engaged on a foreign voyage that are- (b) Establish and implement safeguards against all identified risks;

(2)(i) A vessel transporting more than 12 passengers; or (c) Establish and implement actions to continuously improve
safety management skills of personnel ashore and aboard
(2)(ii) A tanker, a bulk freight vessel, a freight vessel or a self- vessels, including preparation for emergencies related to both
propelled mobile offshore drilling unit (MODU) of 500 gross tons safety and environmental protection; and
or more; and
(d) Ensure compliance with mandatory rules and regulations,
(3) To all foreign vessels engaged on a foreign voyage, bound for taking into account relevant national and international regulations,
ports or places under the jurisdiction of the U.S., and subject to standards, codes and maritime industry guidelines, when
Chapter IX of SOLAS. developing procedures and policies for the safety management
system.
(b) This subpart does not apply to-
96.240 What Functional Requirements Must A Safety
(1) A barge; Management System Meet?
The functional requirements of a safety management system
(2) A recreational vessel not engaged in commercial service; must include-

(3) A fishing vessel; (a) A written statement from the responsible person stating the
company's safety and environmental protection policy;
(4) A vessel operating only on the Great Lakes or its tributary and
connecting waters; or (b) Instructions and procedures to provide direction for the safe
operation of the vessel and protection of the environment in
(5) A public vessel, which includes a U.S. vessel of the National compliance with the applicable U.S. Code of Federal Regulations,
Defense Reserve Fleet owned by the U.S. Maritime and international conventions to which the U.S. is a party (SOLAS,
Administration and operated in non-commercial service. MARPOL, etc.);

(c) Any responsible person and their company who owns and (c) Documents showing the levels of authority and lines of
operates a U.S. flag vessel(s) which does not meet the conditions communication between shoreside and shipboard personnel;
of paragraph (a), may voluntarily meet the standards of this part
and Chapter IX of SOLAS and have their safety management (d) Procedures for reporting accidents, near accidents, and non-
systems certificated. conformities with provisions of the company's and vessel's safety
management system, and the ISM Code;
(d) The compliance date for the requirements of this part are-
(e) Procedures to prepare for and respond to emergency
(1) On or after July 1, 1998, for- situations by shoreside and shipboard personnel;

(1)(i) Vessels transporting more than 12 passengers engaged on (f) Procedures for internal audits on the operation of the company
a foreign voyage; or and vessel(s) safety management system; and

(1)(ii) Tankers, bulk freight vessels, or high speed freight vessels (g) Procedures and processes for management review of
of at least 500 gross tons or more, engaged on a foreign voyage. company internal audit reports and correction of non-conformities
that are reported by these or other reports.
(2) On or after July 1, 2002, for other freight vessels and self-
propelled mobile offshore drilling units (MODUs) of at least 500 96.250 What Documents And Reports Must A Safety
gross tons or more, engaged on a foreign voyage. Management System Have?
The documents and reports required for a safety management
96.220 What Makes Up A Safety Management System? system under 96.330 or 96.340 must include the written
(a) The safety management system must document the documents and reports itemized in Table 96.250. These
responsible person's- documents and reports must be available to the company's shore-
based and vessel(s)-based personnel

106
TABLE 96.250.-SAFETY MANAGEMENT SYSTEM DOCUMENTS AND REPORTS

Type of documents and reports Specific requirements


____________________________________________ __________________________________________________________
(a) Safety and environmental policy Statements (1) Meet the objectives of 96.230; and

(2) Are carried out and kept current at all levels of the company;
___________________________________________ __________________________________________________________
(b) Company responsibilities and authority statements (1) The owners name and details of responsibility for operation of the
company and vessel(s);

(2) Name of the person responsible for operation of the company and
vessel(s), if not the owner;

(3) Responsibility, authority and interrelations of all personnel who man-age,


perform, and verify work relating to and affecting the safety and poll-ution
prevention operations of the company and vessel(s); and

(4) A statement describing the company's responsibility to ensure adequ-ate


resources and shore-based support are provided to enable the desig-nated
person or persons to carry out the responsibilities of this subpart.
____________________________________________ __________________________________________________________
(c) Designation in writing of a person or persons to (1) Have direct access to communicate with the highest levels of the company
monitor the safety management system for the company and with all management levels ashore and aboard the company's vessel(s);
and vessel(s).
(2) Have the written responsibility to monitor the safety and environment-al
aspects of the operation of each vessel; and

(3) Have the written responsibility to ensure there are adequate support and
shore-based resources for vessel(s) operations.
____________________________________________ __________________________________________________________
(d) Written statements that define the Master's (1) Carry out the company's safety and environmental policies;
responsibilities and authorities.
(2) Motivate the vessel's crew to observe the safety management system
policies;

(3) Issue orders and instructions in a clear and simple manner;

(4) Make sure that specific requirements are carried out by the vessel's crew
and shore-based resources; and

(5) Review the safety management system and report non-conformities to


shore-based management.
____________________________________________ __________________________________________________________
(e) Written statements that the Master has overriding (1) Ability to make decisions about safety and environmental pollution; and
responsibility and authority to make vessel decisions.
(2) Ability to request the company's help when necessary.
__________________________________________________________
____________________________________________ (1) Masters of vessels are properly qualified for command;
(f) Personnel procedures and resources which are
available ashore and aboard ship.. (2) Masters of vessels know the company's safety management system;

107
(3) Owners or companies provide the necessary support so that the
Master's duties can be safely performed;

(4) Each vessel is properly crewed with qualified, certificated and


medically fit seafarers complying
with national and international requirements;

(5) New personnel and personnel transferred to new assignments involving


safety and protection of
the environment are properly introduced to their duties;

(6) Personnel involved with the company's safety management system


have an adequate understanding of the relevant rules, regulations, codes
and guidelines;

(7) Needed training is identified to support the safety management system


and ensure that the training is provided for all personnel concerned;

(8) Communication of relevant procedures for the vessel's personnel


involved with the safety management system is in the language(s)
understood by them; and

(9) Personnel are able to communicate effectively when carrying out their
duties as related to the safety management system.
___________________________________________ ____________________________________________________________
(g) Vessel safety and pollution prevention operation (1) Define tasks; and
plans and instructions for key shipboard operations.. (2) Assign qualified personnel to specific tasks.
__________________________________________ ____________________________________________________________
(h) Emergency preparedness procedures. (1) Identify, describe and direct response to potential emergency shipboard
situations;

(2) Set up programs for drills and exercises to prepare for emergency
actions; and

(3) Make sure that the company's organization can respond at anytime, to
hazards, accidents and emergency situations involving their vessel(s).
___________________________________________ ____________________________________________________________
(i) Reporting procedures on required actions (1) Report non-conformities of the safety management system;

(2) Report accidents;

(3) Report hazardous situations to the owner or company; and

(4) Make sure reported items are investigated and analyzed with the
objective of improving safety and pollution prevention.
___________________________________________ ____________________________________________________________
(j) Vessel maintenance procedures. (These procedures (1) Inspect vessel's equipment, hull, and machinery at appropriate intervals;
verify that a company's vessel(s) is maintained in
conformity with the provisions of relevant rules and (2) Report any non-conformity or deficiency with its possible cause, if
regulations, with any additional requirements which may known;
be established by the company.).
(3) Take appropriate corrective actions;

(4) Keep records of these activities;

(5) Identify specific equipment and technical systems that may result in a
hazardous situation if a sudden operational failure occurs;

108
(6) Identify measures that promote the reliability of the equipment
and technical systems identified in paragraph (j)(5), and
regularly test standby arrangements and equipment or technical
systems not in continuous use; and

(7) Include the inspections required by this section into the


vessel's operational maintenance routine.
___________________________________________________ _______________________________________________
(k) Safety management system document and data maintenance. (1) Procedures which establish and maintain control of all
documents and data relevant to the safety management system.

(2) Documents are available at all relevant locations, i.e., each


vessel carries on board all documents relevant to that vessels
operation;

(3) Changes to documents are reviewed and approved by


authorized personnel; and

(4) Outdated documents are promptly removed.


___________________________________________________ _______________________________________________
(l) Safety management system internal audits which verify the safety (1) Periodic evaluation of the safety management system's
and pollution prevention activities. efficiency and review of the system in accordance with the
established procedures of the company, when needed;

(2) Types and frequency of internal audits, when they are


required, how they are reported, and possible corrective actions,
if necessary;

(3) Determining factors for the selection of personnel,


independent of the area being audited, to complete internal
company and vessel audits; and

(4) Communication and reporting of internal audit findings for


critical management review and to ensure management
personnel of the area audited take timely and corrective action on
non-conformities or deficiencies found.

NOTE: The documents and reports required by this part are for the purpose of promoting safety of life and property at sea as well as
protection of the environment. The documents and reports are intended to ensure the communication and understanding of company and
vessel safety management systems which will allow a measure of the systems effectiveness and its responsible person to continuously
improve the system and safety the system provides.

Subpart C How will Safety Management issued;


Systems Be Certificated and Enforced
(2) A renewal audit which is carried out before the renewal of a
96.300 Purpose. Document of Compliance certificate or a Safety Management
This subpart establishes the standards for the responsible person Certificate;
of a company and its vessel(s) to obtain the required and
voluntary, national and international certification for the (3) Periodic audits including-
company's and vessel's safety management system.
(3)(i) An annual verification audit, as described in 96.330(f) of
96.310 Who Does This Subpart Apply To? this part, and
This subpart applies:
(3)(ii) An intermediate verification audit, as described in
(a) If you are a responsible person who owns a vessel(s) 96.340(e)(2) of this part.
registered in the U.S. and engaged on a foreign voyage(s), or
holds certificates or endorsement of such voyages; (b) A satisfactory audit means that the auditor(s) agrees that the
requirements of this part are met, based on review and
(b) If you are a responsible person who owns a vessel(s) verification of the procedures and documents that make up the
registered in the U.S. and volunteer to meet the standards of this safety management system.
part and Chapter IX of SOLAS;
(c) Actions required during safety management audits for a
(c) To all foreign vessels engaged on a foreign voyage, bound for company and their U.S. vessel(s) are-
ports or places under the jurisdiction of the U.S., and subject to
Chapter IX of SOLAS; or (d) If you are a recognized organization (1) Review and verify the procedures and documents that make
authorized by the U.S. to complete safety management audits up a safety management system, as defined in subpart B of this
and certification required by this part. part.

96.320 What Is Involved To Complete A Safety Management (2) Make sure the audit complies with this subpart and is
Audit And When Is It Required To Be Completed? consistent with IMO Resolution A.788(19), Guidelines on
(a) A safety management audit is any of the following: Implementation of the International Safety Management (ISM)
Code by Administrations.
(1) An initial audit which is carried out before a Document of
Compliance certificate or a Safety Management Certificate is (3) Make sure the audit is carried out by a team of Coast Guard

109
auditors or auditors assigned by a recognized organization additional types of vessels after a satisfactory safety management
authorized to complete such actions by subpart D of this part. audit is completed on the company's safety management system
which includes those additional vessel types.
(d) Safety management audits for a company and their U.S.
vessel(s) are required- (f) A Document of Compliance certificate is valid for 60 months.
The company's safety management system must be verified
(1) Before issuing or renewing a Document of Compliance annually by the Coast Guard or by an authorized organization
certificate, and to keep a Document of Compliance certificate acting on behalf of the U.S. through a safety management
valid, as described in 96.330 and 96.340 of this part. verification audit, within three months before or after the
certificate's anniversary date.
(2) Before issuing or renewing a Safety Management Certificate,
and to maintain the validity of a Safety Management Certificate, (g) Only the Coast Guard may revoke a Document of Compliance
as described in 96.340 of this part. certificate from a company which owns a U.S. vessel. The
Document of Compliance certificate may be revoked if-
However, any safety management audit for the purpose of
verifying a vessel's safety management system will not be (1) The annual safety management audit and system verification
scheduled or conducted for a company's U.S. vessel unless the required by paragraph (f) of this section is not completed by the
company first has undergone a safety management audit of the responsible person; or
company's safety management system, and has received its
Document of Compliance certificate. (2) Major non-conformities are found in the company's safety
management system during a safety management audit or other
(e) Requests for all safety management audits for a company and related survey or inspection being completed by the Coast Guard
its U.S. vessel(s) must be communicated- or the recognized organization chosen by the company or
responsible person.
(1) By a responsible person directly to a recognized organization
authorized by the U.S. (3) The Coast Guard or an authorized organization acting on its
behalf is denied, or restricted access to, any vessel, record or
(2) By a responsible person within the time limits for an annual personnel of the company, at any time necessary to evaluate the
verification audit, described in 96.330(f) of this part, and for an safety management system.
intermediate verification audit, described in 96.340(e)(2) of this
part. If he or she does not make a request for a safety (h) When a company's valid Document of Compliance certificate
management annual or verification audit for a valid Document of is revoked by the Coast Guard, a satisfactory safety management
Compliance certificate issued to a company or a valid Safety audit must be completed before a new Document of Compliance
Management Certificate issued to a vessel, this is cause for the certificate for the company's safety management system can be
Coast Guard to revoke the certificate as described in 96.330 reissued.
and 96.340 of this part.
96.340 Safety Management Certificate: What Is It And When
(f) If a non-conformity with a safety management system is found Is It Needed?
during an audit, it must be reported in writing by the auditor: (a) Your U.S. vessel engaged on a foreign voyage must hold a
valid Safety Management Certificate if it carries more than 12
(1) For a company's safety management system audit, to the passengers, or if it is a tanker, bulk freight vessel, freight vessel,
company's owner; and or a self-propelled mobile offshore drilling unit of 500 gross tons
or more.
(2) For a vessel's safety management system audit, to the
company's owner and vessel's Master. (b) Your U.S. vessel may voluntarily hold a valid Safety
Management Certificate even if your vessel is not required to by
96.330 Document Of Compliance Certificate: What Is It And paragraph (a) of this section.
When Is It Needed?
(a) You must hold a valid Document of Compliance certificate if (c) Your U.S. vessel may only be issued a Safety Management
you are the responsible person who, or company which, owns a Certificate or have it renewed when your company holds a valid
U.S. vessel engaged on foreign voyages, carrying more than 12 Document of Compliance certificate issued under 96.330 of this
passengers, or is a tanker, bulk freight vessel, freight vessel, or a part and the vessel has completed a satisfactory safety
self-propelled mobile offshore drilling unit of 500 gross tons or management audit of the vessel's safety management system set
more. out in 96.320 of this part.

(b) You may voluntarily hold a valid Document of Compliance (d) A copy of your vessel's valid Safety Management Certificate
certificate, if you are a responsible person who, or a company must be on board all U.S. and foreign vessels which carry more
which, owns a U.S. vessel not included in paragraph (a) of this than 12 passengers, and must be on board a tanker, bulk freight
section. vessel, freight vessel, or a self-propelled mobile offshore drilling
unit of 500 gross tons or more, when engaged on foreign voyages
(c) You will be issued a Document of Compliance certificate only or within U.S. waters.
after you complete a satisfactory safety management audit as
described in 96.320 of this part. (e) A Safety Management Certificate is valid for 60 months. The
validity of the Safety Management Certificate is based on-
(d) All U.S. and foreign vessels that carry more than 12
passengers or a tanker, bulk freight vessel, freight vessel, or a (1) A satisfactory initial safety management audit;
self-propelled mobile offshore drilling unit of 500 gross tons or
more, must carry a valid copy of the company's Document of (2) A satisfactory intermediate verification audit requested by the
Compliance certificate onboard when on a foreign voyage. vessel's responsible person, completed between the 24th and
36th month of the certificate's period of validity; and
(e) A valid Document of Compliance certificate covers the type of
vessel(s) on which a company's safety management system initial (3) A vessel's company holding a valid Document of Compliance
safety management audit was based. The validity of the certificate. When a company's Document of Compliance
Document of Compliance certificate may be extended to cover certificate expires or is revoked, the Safety Management

110
Certificate for the company-owned vessel(s) is invalid. (3) The company's safety management system has been
assessed during the safety management audit to issue the
(f) Renewal of a Safety Management Certificate requires the Document of Compliance certificate or demonstrated for the
completion of a satisfactory safety management system audit issuance of the Interim Document of Compliance certificate;
which meets all of the requirements of subpart B in this part. A
renewal of a Safety Management Certificate cannot be started (4) The Master and senior officers of the vessel are familiar with
unless the company which owns the vessel holds a valid the safety management system and the planned set up
Document of Compliance certificate. arrangements;

(g) Only the Coast Guard may revoke a Safety Management (5) Written documented instructions have been extracted from the
Certificate from a U.S. vessel. The Safety Management Certificate safety management system and given to the vessel prior to sailing;
will be revoked if-
(6) The company plans an internal audit of the vessel within three
(1) The vessel's responsible person has not completed an months; and
intermediate safety management audit required by paragraph
(e)(2) of this section; or (7) The relevant information from the safety management system
is written in English, and in any other language understood by the
(2) Major non-conformities are found in the vessel's safety vessel's personnel.
management system during a safety management audit or other
related survey or inspection being completed by the Coast Guard 96.370 What Are The Requirements For Vessels Of
or the recognized organization chosen by the vessel's responsible Countries Not Party To Chapter IX Of SOLAS?
person. (a) Each foreign vessel which carries more than 12 passengers,
or is a tanker, bulk freight vessel, freight vessel, or self-propelled
[CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended by mobile offshore drilling unit of 500 gross tons or more, operated in
USCG-1999-5832, 64 FR 34712, June 29, 1999] U.S. waters, under the authority of a country not a party to
Chapter IX of SOLAS must-
96.350 Interim Document Of Compliance Certificate: What Is
It And When Can It Be Used? (1) Have on board valid documentation showing that the vessel's
(a) An Interim Document of Compliance certificate may be issued company has a safety management system which was audited
to help set up a company's safety management system when- and assessed, consistent with the International Safety
Management Code of IMO Resolution A.741(18);
(1) A company is newly set up or in transition from an existing
company into a new company; or (2) Have on board valid documentation from a vessel's Flag
Administration showing that the vessel's safety management
(2) A new type of vessel is added to an existing safety system was audited and assessed to be consistent with the
management system and Document of Compliance certificate for International Safety Management Code of IMO Resolution
a company. A.741(18); or

(b) A responsible person for a company operating a U.S. vessel(s) (3) Show that evidence of compliance was issued by either a
that meets the requirements of paragraph (a) of this section, may government that is party to SOLAS or an organization recognized
send a request to a recognized organization authorized to act on to act on behalf of the vessel's Flag Administration.
behalf of the U.S. to receive an Interim Document of Compliance
certificate that is valid for a period up to 12 months. To be issued (b) Evidence of compliance must contain all of the information in,
the Interim Document of Compliance certificate the vessel's and have substantially the same format as a-
company must-
(1) Document of Compliance certificate; and
(1) Demonstrate to an auditor that the company has a safety
management system that meets 96.230 of this part; and (2) Safety Management Certificate.

(2) Provide a plan for full implementation of a safety management (c) Failure to comply with this section will subject the vessel to the
system within the period that the Interim Document of Compliance compliance and enforcement procedures of 96.380 of this part.
certificate is valid.
96.380 How Will The Coast Guard Handle Compliance And
96.360 Interim Safety Management Certificate: What Is It Enforcement Of These Regulations?
And When Can It Be Used? (a) While operating in waters under the jurisdiction of the United
(a) A responsible person may apply for an Interim Safety States, the Coast Guard may board a vessel to determine that-
Management Certificate when-
(1) Valid copies of the company's Document of Compliance
(1) A responsible person takes delivery of a new U.S. vessel; or certificate and Safety Management Certificate are on board, or
evidence of the same for vessels from countries not party to
(2) Takes responsibility for the management of a U.S. vessel Chapter IX of SOLAS; and
which is new to the responsible person or their company.
(2) The vessel's crew or shore-based personnel are following the
(b) An Interim Safety Management Certificate is valid for 6 months. procedures and policies of the safety management system while
It may be issued to a U.S. vessel which meets the conditions of operating the vessel or transferring cargoes.
paragraph (a) of this section, when-
(b) A foreign vessel that does not comply with these regulations,
(1) The company's valid Document of Compliance certificate or or one on which the vessel's condition or use of its safety
Interim Document of Compliance certificate applies to that vessel management system do not substantially agree with the
type; particulars of the Document of Compliance certificate, Safety
Management Certificate or other required evidence of compliance,
(2) The company's safety management system for the vessel may be detained by order of the COTP or OCMI. This may occur
includes the key elements of a safety management system, setout at the port or terminal where the violation is found until, in the
in 96.220, applicable to this new type of vessel; opinion of the detaining authority, the vessel can go to sea without

111
presenting an unreasonable threat of harm to the port, the marine (b) [Reserved]
environment, the vessel or its crew. The detention order may
allow the vessel to go to another area of the port, if needed, rather 96.430 How Does An Organization Submit A Request To Be
than stay at the place where the violation was found. Authorized?
(a) A recognized organization must send a written request for
(c) If any vessel that must comply with this part or with the ISM authorization to the Commandant (CG-ENG), Attn: Office of
Code does not have a Safety Management Certificate and a copy Design and Engineering Standards, U.S. Coast Guard Stop 7509,
of its company's Document of Compliance certificate on board, a 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
vessel owner, charterer, managing operator, agent, Master, or 7509. The request must include the following:
any other individual in charge of the vessel that is subject to this
part, may be liable for a civil penalty under 46 U.S.C. 3318. For (1) A statement describing what type of authorization the
foreign vessels, the Coast Guard may request the Secretary of organization seeks;
the Treasury to withhold or revoke the clearance required by 46
U.S.C. App. 91. The Coast Guard may ask the Secretary to (2) Documents showing that-
permit the vessel's departure after the bond or other surety is filed.
(2)(i) The organization has an internal quality system with written
96.390 When Will The Coast Guard Deny Entry Into A U.S. policies, procedures and processes that meet the requirements in
Port? 96.440 of this part for safety management auditing and
(a) Except for a foreign vessel entering U.S. waters under force certification; or
majeure, no vessel shall enter any port or terminal of the U.S.
without a safety management system that has been properly (2)(ii) The organization has an internal quality system based on
certificated to this subpart or to the requirements of Chapter IX of ANSI/ASQC C9001 for safety management auditing and
SOLAS if- certification; or

(1) It is engaged on a foreign voyage; and (2)(iii) The organization has an equivalent internal quality
standard system recognized by the Coast Guard to complete
(2) It is carrying more than 12 passengers, or a tanker, bulk safety management audits and certification.
freight vessel, freight vessel, or self-propelled mobile offshore
drilling unit of 500 gross tons or more. (3) A list of the organization's exclusive auditors qualified to
complete safety management audits and their operational area;
(b) The cognizant COTP will deny entry of a vessel into a port or and
terminal under the authority of 46 U.S.C. 3204(c), to any vessel
that does not meet the requirements of paragraph (a) of this (4) A written statement that the procedures and records of the
section. recognized organization regarding its actions involving safety
management system audits and certification are available for
Subpart D Authorization of Recognized review annually and at any time deemed necessary by the Coast
Organizations To Act on Behalf of the U.S. Guard.

96.400 Purpose. (b) If the organization is a foreign classification society that has
(a) This subpart establishes criteria and procedures for been recognized under 46 CFR part 8, subparts A and B, and
organizations recognized under 46 CFR part 8, subparts A and B, wishes to apply for authorization under this part, it must
to be authorized by the Coast Guard to act on behalf of the U.S. demonstrate the reciprocity required by 46 U.S.C. 3316 for ISM
The authorization is necessary in order for a recognized Code certification. The organization must provide, with its request
organization to perform safety management audits and for authorization an affidavit from the government of the country in
certification functions delegated by the Coast Guard as described which the classification society is headquartered. This affidavit
in this part. must provide a list of authorized delegations by the flag state of
the administration of the foreign classification society's country to
(b) To receive an up-to-date list of recognized organizations the American Bureau of Shipping, and indicate any conditions
authorized to act under this subpart, send a self-addressed, related to the delegated authority. If this affidavit is not received
stamped envelope and written request to the Commandant (CG- with a request for authorization from a foreign classification
ENG), Attn: Office of Design and Engineering Standards, U.S. society, the request for authorization will be disapproved and
Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., returned by the Coast Guard.
Washington, DC 20593-7509.
(c) Upon the satisfactory completion of the Coast Guard's
96.410 Who Does This Regulation Apply To? evaluation of a request for authorization, the organization will be
This subpart applies to all organizations recognized by the U.S. visited for an evaluation as described in 96.440(b) of this part.
under 46 CFR part 8, subpart A and B, who wish to seek
authorization to conduct safety management audits and issue 96.440 How Will The Coast Guard Decide Whether To
relevant international safety certificates under the provisions of Approve An Organization's Request To Be Authorized?
the ISM Code and voluntary certificates on behalf of the U.S. (a) First, the Coast Guard will evaluate the organization's request
for authorization and supporting written materials, looking for
96.420 What Authority May An Organization Ask For Under evidence of the following-
This Regulation?
(a) An organization may request authorization to conduct safety (1) The organization's clear assignment of management duties;
management audits and to issue the following certificates:
(2) Ethical standards for managers and auditors;
(1) Safety Management Certificate;
(3) Procedures for auditor training, qualification, certification, and
(2) Document of Compliance certificate; requalification that are consistent with recognized industry
standards;
(3) Interim Safety Management Certificate; and
(4) Procedures for auditing safety management systems that are
(4) Interim Document of Compliance certificate. consistent with recognized industry standards and IMO
Resolution A.788(19);

112
(5) Acceptable standards for internal auditing and management Coast Guard evaluates organizations authorized under this
review; subpart. If an organization fails to maintain acceptable standards,
the Coast Guard may terminate that organization's authorization,
(6) Record-keeping standards for safety management auditing remove the organization from the Commandant's list of
and certification; recognized organizations, and further evaluate the organization's
recognition under 46 CFR part 8.
(7) Methods for reporting non-conformities and recording
completion of remedial actions; 96.480 What Is The Status Of A Certificate If The Issuing
Organization Has Its Authority Terminated?
(8) Methods for certifying safety management systems; Any certificate issued by an organization authorized by the Coast
Guard whose authorization is later terminated remains valid until-
(9) Methods for periodic and intermediate audits of safety
management systems; (a) Its original expiration date,

(10) Methods for renewal audits of safety management systems; (b) The date of the next periodic audit required to maintain the
certificate's validity, or
(11) Methods for handling appeals; and
(c) Whichever of paragraphs (a) or (b) occurs first.
(12) Overall procedures consistent with IMO Resolution A.739(18),
"Guidelines for the Authorization of Organizations Acting on 96.490 What Further Obligations Exist For An Organization
Behalf of the Administration." If The Coast Guard Terminates Its Authorization?
The written agreement by which an organization receives
(b) After a favorable evaluation of the organization's written authorization from the Coast Guard places it under certain
request, the Coast Guard will arrange to visit the organization's obligations if the Coast Guard revokes that authorization. The
corporate offices and port offices for an on-site evaluation of organization agrees to send written notice of its termination to all
operations. responsible persons, companies and vessels that have received
certificates from the organization. In that notice, the organization
(c) When a request is approved, the recognized organization and must include-
the Coast Guard will enter into a written agreement. This
agreement will define the scope, terms, conditions and (a) A written statement explaining why the organization's
requirements of the authorization. Conditions of this agreement authorization was terminated by the Coast Guard;
are found in 96.460 of this part.
(b) An explanation of the status of issued certificates;
96.450 What Happens If The Coast Guard Disapproves An
Organization's Request To Be Authorized? (c) A current list of organizations authorized by the Coast Guard
(a) The Coast Guard will write to the organization explaining why to conduct safety management audits; and
it did not meet the criteria for authorization.
(d) A statement of what the companies and vessels must do to
(b) The organization may then correct the deficiencies and have their safety management systems transferred to another
reapply. organization authorized to act on behalf of the U.S.

96.460 How Will I Know What The Coast Guard Requires Of 96.495 How Can I Appeal A Decision Made By An
My Organization If My Organization Receives Authorization? Authorized Organization?
(a) A responsible person may appeal a decision made by an
(a) Your organization will enter into a written agreement with the authorized organization by mailing or delivering to the
Coast Guard. This written agreement will specify- organization a written request for reconsideration. Within 30 days
of receiving your request, the authorized organization must rule
(1) How long the authorization is valid; on it and send you a written response. They must also send a
copy of their response to the Commandant (CG-CVC), Attn:
(2) Which duties and responsibilities the organization may Office of Commercial Vessel Compliance, U.S. Coast Guard Stop
perform, and which certificates it may issue on behalf of the U.S.; 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC
20593-7501.
(3) Reports and information the organization must send to the
Commandant (CG-CVC); (b) If you are not satisfied with the organization's decision, you
may appeal directly to Commandant (CG-CVC). You must make
(4) Actions the organization must take to renew the agreement your appeal in writing, including any documentation and evidence
when it expires; and you wish to be considered. You may ask Commandant (CG-CVC)
to stay the effect of the appealed decision while it is under review.
(5) Actions the organization must take if the Coast Guard should
revoke its authorization or recognition under 46 CFR part 8. (c) The Commandant (CG-CVC) will make a decision on your
appeal and send you a response in writing. That decision will be
(b) [Reserved] the final Coast Guard action on your request.

96.470 How Does The Coast Guard Terminate An [CGD 95-073, 62 FR 67506, Dec. 24, 1997, as amended by
Organization's Authorization? At least every 12 months, the USCG-2011-0257, 76 FR 31836, June 2, 2011]

113
PART 101-MARITIME SECURITY: GENERAL
Subpart A-General coordination with local port community stakeholders, and are
based on existing domestic standards, as well as established
Sec. industry security practices.
101.100 Purpose.
101.105 Definitions. (c) The assessments and plans required by this subchapter are
101.110 Applicability. intended for use in implementing security measures at various
101.115 Incorporation by reference. MARSEC Levels. The specific security measures and their
101.120 Alternatives. implementation are planning criteria based on a set of
101.125 Approved Alternative Security Programs. assumptions made during the development of the security
101.130 Equivalent security measures. assessment and plan. These assumptions may not exist during
an actual transportation security incident.
Subpart B-Maritime Security (MARSEC) Levels
[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at
101.200 MARSEC Levels. 68 FR 60470, Oct. 22, 2003]
101.205 Department of Homeland Security alignment.
Sec. 101.105 Definitions.
Subpart C-Communication (Port-Facility-Vessel) Unless otherwise specified, as used in this subchapter:
101.300 Preparedness communications.
Alternative Security Program means a third-party or industry
101.305 Reporting.
organization developed standard that the Commandant has
101.310 Additional communication devices.
determined provides an equivalent level of security to that
established by this subchapter.
Subpart D-Control Measures for Security
101.400 Enforcement. Area Commander means the U.S. Coast Guard officer
101.405 Maritime Security (MARSEC) Directives. designated by the Commandant to command a Coast Guard Area
101.410 Control and Compliance Measures. as described in 33 CFR part 3.
101.415 Penalties.
101.420 Right to appeal. Area Maritime Security (AMS) Assessment means an analysis
that examines and evaluates the infrastructure and operations of
Subpart E-Other Provisions a port taking into account possible threats, vulnerabilities, and
existing protective measures, procedures and operations.
101.500 Procedures for authorizing a Recognized Security
Organization (RSO). [RESERVED] Area Maritime Security (AMS) Committee means the
101.505 Declaration of Security (DoS). committee established pursuant to 46 U.S.C. 70112(a)(2)(A). This
101.510 Assessment Tools. committee can be the Port Security Committee established
101.515 Personal Identification. pursuant to Navigation and Vessel Inspection Circular (NVIC) 09-
02 change 2, available from the cognizant Captain of the Port
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 (COTP) or at http://www.uscg.mil/hq/cg5/nvic/.
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p.
585; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Area Maritime Security (AMS) Plan means the plan developed
Homeland Security Delegation No. 0170.1. pursuant to 46 U.S.C. 70103(b). This plan may be the Port
Security plan developed pursuant to NVIC 09-02 provided it
Source:USCG-2003-14792, 68 FR 39278, July 1, 2003, unless meets the requirements of part 103 of this subchapter.
otherwise noted.
Area of Responsibility (AOR) means a Coast Guard area,
Editorial Note:Nomenclature changes to part 101 appear at 73 district, marine inspection zone or COTP zone described in 33
FR 35009, June 19, 2008. CFR part 3.
______________________________________________________________________
Audit means an evaluation of a security assessment or security
Subpart A-General plan performed by an owner or operator, the owner or operator's
designee, or an approved third-party, intended to identify
101.100 Purpose.
deficiencies, non-conformities and/or inadequacies that would
(a) The purpose of this subchapter is:
render the assessment or plan insufficient.
(1) To implement portions of the maritime security regime
Barge means a non-self-propelled vessel (46 CFR 24.10-1).
required by the Maritime Transportation Security Act of 2002, as
codified in 46 U.S.C. Chapter 701;
Barge fleeting facility means a commercial area, subject to
permitting by the Army Corps of Engineers, as provided in 33
(2) To align, where appropriate, the requirements of domestic
CFR part 322, part 330, or pursuant to a regional general permit
maritime security regulations with the international maritime
the purpose of which is for the making up, breaking down, or
security standards in the International Convention for the Safety
staging of barge tows.
of Life at Sea, 1974 (SOLAS Chapter XI-2) and the International
Code for the Security of Ships and of Port Facilities, parts A and B,
Breach of security means an incident that has not resulted in a
adopted on 12 December 2002; and
transportation security incident, in which security measures have
been circumvented, eluded, or violated.
(3) To ensure security arrangements are as compatible as
possible for vessels trading internationally.
Bulk or in bulk means a commodity that is loaded or carried on
board a vessel without containers or labels, and that is received
(b) For those maritime elements of the national transportation
and handled without mark or count.
system where international standards do not directly apply, the
requirements in this subchapter emphasize cooperation and
Bunkers means a vessel's fuel supply.

114
Captain of the Port (COTP) means the local officer exercising or monitoring, depending upon where the escorted individual will
authority for the COTP zones described in 33 CFR part 3. The be granted access. Individuals without TWICs may not enter
COTP is the Federal Maritime Security Coordinator described in restricted areas without having an individual who holds a TWIC as
46 U.S.C. 70103(a)(2)(G) and also the Port Facility Security a side-by-side companion, except as provided in Sec. Sec.
Officer as described in the ISPS Code, part A. 104.267, 105.257, and 106.262 of this subchapter.

Cargo means any goods, wares, or merchandise carried, or to be Exercise means a comprehensive training event that involves
carried, for consideration, whether directly or indirectly flowing to several of the functional elements of the AMS, vessel, or facility
the owner, charterer, operator, agent, or any other person security plan and tests communications, coordination, resource
interested in the vessel, facility, or OCS facility, except dredge availability, and response.
spoils.
Facility means any structure or facility of any kind located in, on,
Cargo vessel means a vessel that carries, or intends to carry, under, or adjacent to any waters subject to the jurisdiction of the
cargo as defined in this section. U.S. and used, operated, or maintained by a public or private
entity, including any contiguous or adjoining property under
Certain Dangerous Cargo (CDC) means the same as defined in common ownership or operation.
33 CFR 160.202.
Facility Security Assessment (FSA) means an analysis that
Commandant means the Commandant of the U.S. Coast Guard. examines and evaluates the infrastructure and operations of the
facility taking into account possible threats, vulnerabilities,
Company means any person or entity that owns any facility, consequences, and existing protective measures, procedures and
vessel, or OCS facility subject to the requirements of this operations.
subchapter, or has assumed the responsibility for operation of any
facility, vessel, or OCS facility subject to the requirements of this Facility Security Officer (FSO) means the person designated as
subchapter, including the duties and responsibilities imposed by responsible for the development, implementation, revision and
this subchapter. maintenance of the facility security plan and for liaison with the
COTP and Company and Vessel Security Officers.
Company Security Officer (CSO) means the person designated
by the Company as responsible for the security of the vessel or Facility Security Plan (FSP) means the plan developed to
OCS facility, including implementation and maintenance of the ensure the application of security measures designed to protect
vessel or OCS facility security plan, and for liaison with their the facility and its servicing vessels or those vessels interfacing
respective vessel or facility security officer and the Coast Guard. with the facility, their cargoes, and persons on board at the
respective MARSEC Levels.
Contracting Government means any government of a nation
that is a signatory to SOLAS, other than the U.S. Ferry means a vessel which is limited in its use to the carriage of
deck passengers or vehicles or both, operates on a short run on a
Cruise ship means any vessel over 100 gross register tons, frequent schedule between two or more points over the most
carrying more than 12 passengers for hire which makes voyages direct water route, other than in ocean or coastwise service.
lasting more than 24 hours, of which any part is on the high seas.
Passengers from cruise ships are embarked or disembarked in Foreign vessel means a vessel of foreign registry or a vessel
the U.S. or its territories. Cruise ships do not include ferries that operated under the authority of a country, except the U.S., that is
hold Coast Guard Certificates of Inspection endorsed for ``Lakes, engaged in commerce.
Bays, and Sounds'', that transit international waters for only short
periods of time on frequent schedules. General shipyard facility means

Dangerous goods and/or hazardous substances, for the (1) For operations on land, any structure or appurtenance thereto
purposes of this subchapter, means cargoes regulated by parts designed for the construction, repair, rehabilitation, refurbishment,
126, 127, or 154 of this chapter. or rebuilding of any vessel, including graving docks, building ways,
ship lifts, wharves, and pier cranes; the land necessary for any
Dangerous substances or devices means any material, structures or appurtenances; and the equipment necessary for the
substance, or item that reasonably has the potential to cause a performance of any function referred to in this definition; and
transportation security incident.
(2) For operations other than on land, any vessel, floating drydock,
Declaration of Security (DoS) means an agreement executed or barge used for, or a type that is usually used for, activities
between the responsible Vessel and Facility Security Officer, or referred to in paragraph (1) of this definition.
between Vessel Security Officers in the case of a vessel-to-vessel
activity, that provides a means for ensuring that all shared Gross register tons (GRT) means the gross ton measurement of
security concerns are properly addressed and security will remain the vessel under 46 U.S.C. chapter 145, Regulatory
in place throughout the time a vessel is moored to the facility or Measurement. For a vessel measured under only 46 U.S.C.
for the duration of the vessel-to-vessel activity, respectively. chapter 143, Convention Measurement, the vessel's gross
tonnage, ITC is used to apply all thresholds expressed in terms of
District Commander means the U.S. Coast Guard officer gross register tons.
designated by the Commandant to command a Coast Guard
District described in 33 CFR part 3. Gross tonnage, ITC (GT ITC) means the gross tonnage
measurement of the vessel under 46 U.S.C. chapter 143,
Drill means a training event that tests at least one component of Convention Measurement. Under international conventions, this
the AMS, vessel, or facility security plan and is used to maintain a parameter may be referred to as ``gross tonnage (GT).''
high level of security readiness.
Hazardous materials means hazardous materials subject to
Escorting means ensuring that the escorted individual is regulation under 46 CFR parts 148, 150, 151, 153, or 154, or 49
continuously accompanied while within a secure area in a manner CFR parts 171 through 180.
sufficient to observe whether the escorted individual is engaged in
activities other than those for which escorted access was granted. Infrastructure means facilities, structures, systems, assets, or
This may be accomplished via having a side-by-side companion services so vital to the port and its economy that their disruption,

115
incapacity, or destruction would have a debilitating impact on CFR 15.805(a)(5) or 46 CFR 15.810(d).
defense, security, the environment, long-term economic
prosperity, public health or safety of the port. Owner or operator means any person or entity that owns, or
maintains operational control over, any facility, vessel, or OCS
International voyage means a voyage between a country to facility subject to this subchapter. This includes a towing vessel
which SOLAS applies and a port outside that country. A country, that has operational control of an unmanned vessel when the
as used in this definition, includes every territory for the internal unmanned vessel is attached to the towing vessel and a facility
relations of which a contracting government to the convention is that has operational control of an unmanned vessel when the
responsible or for which the United Nations is the administering unmanned vessel is not attached to a towing vessel and is
authority. For the U.S., the term ``territory'' includes the moored to the facility; attachment begins with the securing of the
Commonwealth of Puerto Rico, all possessions of the United first mooring line and ends with the casting-off of the last mooring
States, and all lands held by the U.S. under a protectorate or line.
mandate. For the purposes of this subchapter, vessels solely
navigating the Great Lakes and the St. Lawrence River as far east Passenger vessel means--
as a straight line drawn from Cap des Rosiers to West Point, (1) On an international voyage, a vessel carrying more than 12
Anticosti Island and, on the north side of Anticosti Island, the 63rd passengers, including at least one passenger-for-hire; and
meridian,are considered on an ``international voyage'' when on a
voyage between a U.S. port and a Canadian port. (2) On other than an international voyage:

ISPS Code means the International Ship and Port Facility (i) A vessel of at least 100 gross register tons carrying more than
Security Code, as incorporated into SOLAS. 12 passengers, including at least one passenger-for-hire;

Maritime Security (MARSEC) Directive means an instruction (ii) A vessel of less than 100 gross register tons carrying more
issued by the Commandant, or his/her delegee, mandating than 6 passengers, including at least one passenger-for-hire;
specific security measures for vessels and facilities that may be
involved in a transportation security incident. (iii) A vessel that is chartered and carrying more than 12
passengers;
Maritime Security (MARSEC) Level means the level set to
reflect the prevailing threat environment to the marine elements of (iv) A submersible vessel that is carrying at least one passenger-
the national transportation system, including ports, vessels, for-hire; or
facilities, and critical assets and infrastructure located on or
adjacent to waters subject to the jurisdiction of the U.S. (v) A wing-in-ground craft, regardless of tonnage, that is carrying
at least one passenger-for-hire.
MARSEC Level 1 means the level for which minimum appropriate
protective security measures shall be maintained at all times. Passenger-for-hire means a passenger for whom consideration
is contributed as a condition of carriage on the vessel, whether
MARSEC Level 2 means the level for which appropriate directly or indirectly flowing to the owner, charterer, operator,
additional protective security measures shall be maintained for a agent, or any other person having an interest in the vessel.
period of time as a result of heightened risk of a transportation
security incident. Personal Identification Number (PIN) means a personally
selected number stored electronically on the individual's TWIC.
MARSEC Level 3 means the level for which further specific
protective security measures shall be maintained for a limited Public access facility means a facility--
period of time when a transportation security incident is probable
or imminent, although it may not be possible to identify the (1) That is used by the public primarily for purposes such as
specific target. recreation, entertainment, retail, or tourism, and not for receiving
vessels subject to part 104;
Master means the holder of a valid merchant mariner credential
or license that authorizes the individual to serve as a Master, (2) That has minimal infrastructure for servicing vessels subject to
operator, or person in charge of the rated vessel. For the part 104 of this chapter; and
purposes of this subchapter, Master also includes the Person in
Charge of a MODU, and the operator of an uninspected towing (3) That receives only:
vessel.
(i) Vessels not subject to part 104 of this chapter, or
Merchant mariner credential or MMC means the credential
issued by the Coast Guard under 46 CFR part 10. It combines the (ii) Passenger vessels, except:
individual merchant mariner's document, license, and certificate of
registry enumerated in 46 U.S.C. subtitle II part E as well as the (A) Ferries certificated to carry vehicles;
STCW endorsement into a single credential that serves as the
mariner's qualification document, certificate of identification, and (B) Cruise ships; or
certificate of service.
(C) Passenger vessels subject to SOLAS Chapter XI-1 or SOLAS
OCS Facility means any artificial island, installation, or other Chapter XI-2.
complex of one or more structures permanently or temporarily
attached to the subsoil or seabed of the OCS, erected for the Recurring unescorted access means authorization to enter a
purpose of exploring for, developing or producing oil, natural gas vessel on a continual basis after an initial personal identity and
or mineral resources. This definition includes all mobile offshore credential verification.
drilling units (MODUs) not covered under part 104 of this
subchapter, when attached to the subsoil or seabed of offshore Registered length means the registered length as defined in 46
locations, but does not include deepwater ports, as defined by 33 CFR part 69.
U.S.C. 1502, or pipelines.
Restricted areas mean the infrastructures or locations identified
Operator, Uninspected Towing Vessel means an individual who in an area, vessel, or facility security assessment or by the
holds a merchant mariner credential or license described in 46 operator that require limited access and a higher degree of

116
security protection. The entire facility may be designated the move about a secure area without escort.
restricted area, as long as the entire facility is provided the
appropriate level of security. Vessel-to-facility interface means the interaction that occurs
when a vessel is directly and immediately affected by actions
Review and approval means the process whereby Coast Guard involving the movement of persons, cargo, vessel stores, or the
officials evaluate a plan or proposal to determine if it complies provisions of facility services to or from the vessel.
with this subchapter and/or provides an equivalent level of
security. Vessel-to-port interface means the interaction that occurs when
a vessel is directly and immediately affected by actions involving
Screening means a reasonable examination of persons, cargo, the movement of persons, cargo, vessel stores, or the provisions
vehicles, or baggage for the protection of the vessel, its of port services to or from the vessel.
passengers and crew. The purpose of the screening is to secure
the vital government interest of protecting vessels, harbors, and Vessel Security Assessment (VSA) means an analysis that
waterfront facilities from destruction, loss, or injury from sabotage examines and evaluates the vessel and its operations taking into
or other causes of similar nature. Such screening is intended to account possible threats, vulnerabilities, consequences, and
ensure that dangerous substances and devices, or other items existing protective measures, procedures and operations.
that pose a real danger of violence or a threat to security are not
present. Vessel Security Plan (VSP) means the plan developed to ensure
the application of security measures designed to protect the
Secure area means the area on board a vessel or at a facility or vessel and the facility that the vessel is servicing or interacting
outer continental shelf facility over which the owner/operator has with, the vessel's cargoes, and persons on board at the
implemented security measures for access control in accordance respective MARSEC Levels.
with a Coast Guard approved security plan. It does not include
passenger access areas, employee access areas, or public Vessel Security Officer (VSO) means the person onboard the
access areas, as those terms are defined in Sec. Sec. 104.106, vessel, accountable to the Master, designated by the Company as
104.107, and 105.106, respectively, of this subchapter. Vessels responsible for security of the vessel, including implementation
operating under the waivers provided for at 46 U.S.C. and maintenance of the Vessel Security Plan, and for liaison with
8103(b)(3)(A) or (B) have no secure areas. Facilities subject to the Facility Security Officer and the vessel's Company Security
part 105 of this subchapter located in the Commonwealth of the Officer.
Northern Mariana Islands and American Samoa have no secure
areas. Facilities subject to part 105 of this subchapter may, with Vessel stores means--
approval of the Coast Guard, designate only those portions of
their facility that are directly connected to maritime transportation (1) Materials that are on board a vessel for the upkeep,
or are at risk of being involved in a transportation security incident maintenance, safety, operation or navigation of the vessel; and
as their secure areas.
(2) Materials for the safety or comfort of the vessel's passengers
Security sweep means a walkthrough to visually inspect or crew, including any provisions for the vessel's passengers or
unrestricted areas to identify unattended packages, briefcases, or crew.
luggage and determine that all restricted areas are secure.
Vessel-to-vessel activity means any activity not related to a
Security system means a device or multiple devices designed, facility or port that involves the transfer of cargo, vessel stores, or
installed and operated to monitor, detect, observe or persons from one vessel to another.
communicate about activity that may pose a security threat in a
location or locations on a vessel or facility. Waters subject to the jurisdiction of the U.S., for purposes of
this subchapter, includes all waters described in section 2.36(a) of
Sensitive security information (SSI) means information within this chapter; the Exclusive Economic Zone, in respect to the living
the scope of 49 CFR part 1520. and non-living resources therein; and, in respect to facilities
located on the Outer Continental Shelf of the U.S., the waters
SOLAS means the International Convention for the Safety of Life superjacent thereto.
at Sea Convention, 1974, as amended.
[USCG-2003-14792, 68 FR 39278, July 1, 2003]
Survey means an on-scene examination and evaluation of the
physical characteristics of a vessel or facility, and its security Editorial Note:For Federal Register citations affecting 101.105,
systems, processes, procedures, and personnel. see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Transportation security incident (TSI) means a security
incident resulting in a significant loss of life, environmental 101.110 Applicability.
damage, transportation system disruption, or economic disruption Unless otherwise specified, this subchapter applies to vessels,
in a particular area. structures, and facilities of any kind, located under, in, on, or
adjacent to waters subject to the jurisdiction of the U.S.
TWIC means a valid, non-revoked transportation worker
identification credential, as defined and explained in 49 CFR part 101.115 Incorporation by reference.
1572. (a) Certain material is incorporated by reference into this
subchapter with the approval of the Director of the Federal
TWIC Program means those procedures and systems that a Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce
vessel, facility, or outer continental shelf facility (OCS) must any edition other than that specified in paragraph (b) of this
implement in order to assess and validate TWICs when section, the Coast Guard must publish notice of change in the
maintaining access control. Federal Register and the material must be available to the public.
All approved material is on file at the Office of the Coast Guard
Unaccompanied baggage means any baggage, including Port Security Directorate (CG-5P), Coast Guard Headquarters,
personal effects, that is not being brought on board on behalf of a 2100 2nd St., SW., Stop 7581, Washington, DC 20593-7581, or at
person who is boarding the vessel. the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
Unescorted access means having the authority to enter and 741-6030, or go to:

117
http://www.archives.gov/federal_register/code_of_federal_regulati Security Program and the following information to assess the
ons/ibr_locations.html. All material is available from the sources adequacy of the proposed Alternative Security Program:
indicated in paragraph (b) of this section.
(1) A list of the vessel and facility type that the Alternative Security
(b) The materials approved for incorporation by reference in this Program is intended to apply;
subchapter are as follows:
(2) A security assessment for the vessel or facility type;
International Maritime Organization (IMO)
Publication Section, 4 Albert Embankment, London SE1 7SR, (3) Explanation of how the Alternative Security Program
United Kingdom.Conference resolution 1, Adoption of addresses the requirements of parts 104, 105, or 106, as
amendments to the Annex to the International Convention for the applicable; and
Safety of Life at Sea, 1974, and amendments to Chapter XI of
SOLAS 1974, adopted December 12, 2002, (SOLAS Chapter XI-1 (4) Explanation of how owners and operators must implement the
or SOLAS Chapter XI-2) 101.120; 101.310; 101.410; 101.505; Alternative Security Program in its entirety, including performing
104.105; 104.115; 104.120; 104.297; 104.400. an operational and vessel or facility specific assessment and
verification of implementation.
Conference resolution 2, Adoption of the International Code for
the Security of Ships and of Port Facilities, parts A and B, (d) Amendment of Approved Alternative Security Programs.
adopted on December 12, 2002 (ISPS Code) 101.410; 101.505;
104.105; 104.115; 104.120; 104.297; 104.400. (1) Amendments to an Alternative Security Program approved
under this section may be initiated by
[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at
69 FR 18803, Apr. 9, 2004; USCG-2010-0351, 75 FR 36282, (i) The submitter of an Alternative Security Program under
June 25, 2010; USCG-2013-0397, 78 FR 39173, July 1, 2013] paragraph (c) of this section; or

101.120 Alternatives. (ii) The Coast Guard upon a determination that an amendment is
(a) Alternative Security Agreements. needed to maintain the security of a vessel or facility. The Coast
Guard will give the submitter of an Alternative Security Program
(1) The U.S. may conclude in writing, as provided in SOLAS written notice and request that the submitter propose
Chapter XI-2, Regulation 11 (Incorporated by reference, see amendments addressing any matters specified in the notice. The
101.115), a bilateral or multilateral agreements with other submitter will have at least 60 days to submit its proposed
Contracting Governments to SOLAS on Alternative Security amendments.
Arrangements covering short international voyages on fixed
routes between facilities subject to the jurisdiction of the U.S. and (2) Proposed amendments must be sent to the Commandant
facilities in the territories of those Contracting Governments. (CG-5P). If initiated by the submitter, the proposed amendment
must be submitted at least 30 days before the amendment is to
(2) As further provided in SOLAS Chapter XI-2, Regulation 11, a take effect unless the Commandant (CG-5P) allows a shorter
vessel covered by such an agreement shall not conduct any period. The Commandant (CG-5P) will approve or disapprove the
vessel-to-vessel activity with any vessel not covered by the proposed amendment in accordance with paragraph (f) of this
agreement. section.

(b) Alternative Security Programs. (e) Validity of Alternative Security Program. An Alternative
Security Program approved under this section is valid for 5 years
(1) Owners and operators of vessels and facilities required to from the date of its approval.
have security plans under part 104, 105, or 106 of this
subchapter, other than vessels that are subject to SOLAS (f) The Commandant (CG-5P) will examine each submission for
Chapter XI, may meet the requirements of an Alternative Security compliance with this part, and either:
Program that has been reviewed and approved by the
Commandant (CG-5P) as meeting the requirements of part 104, (1) Approve it and specify any conditions of approval, returning to
105, or 106, as applicable. the submitter a letter stating its acceptance and any conditions;

(2) Owners or operators must implement an approved Alternative (2) Return it for revision, returning a copy to the submitter with
Security Program in its entirety to be deemed in compliance with brief descriptions of the required revisions; or
either part 104, 105, or 106.
(3) Disapprove it, returning a copy to the submitter with a brief
(3) Owners or operators who have implemented an Alternative statement of the reasons for disapproval.
Security Program must send a letter to the appropriate plan
approval authority under part 104, 105, or 106 of this subchapter [USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at
identifying which Alternative Security Program they have 68 FR 60471, Oct. 22, 2003; USCG-2013-0397, 78 FR 39173,
implemented, identifying those vessels or facilities that will July 1, 2013]
implement the Alternative Security Program, and attesting that
they are in full compliance therewith. A copy of this letter shall be 101.125 [Removed and Reserved]
retained on board the vessel or kept at the facility to which it
pertains along with a copy of the Alternative Security Program 101.130 Equivalent security measures.
and a vessel, facility, or Outer Continental Shelf facility specific (a) For any measure required by part 104, 105, or 106 of this
security assessment report generated under the Alternative subchapter, the owner or operator may substitute an equivalent
Security Program. security measure that has been approved by the Commandant
(CG-5P) as meeting or exceeding the effectiveness of the
(4) Owners or operators shall make available to the Coast Guard, required measure. The Commandant (CG-5P) may require that
upon request, any information related to implementation of an the owner or operator provide data for use in assessing the
approved Alternative Security Program. effectiveness of the proposed equivalent security measure.

(c) Approval of Alternative Security Programs. You must submit to (b) Requests for approval of equivalent security measures should
the Commandant (CG-5P) for review and approval the Alternative be made to the appropriate plan approval authority under parts

118
104, 105 or 106 of this subchapter. the change.

[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended by (2) Each owner or operator of a facility required to have a security
USCG-2013-0397, 78 FR 39173, July 1, 2013] plan under part 106 of this subchapter affected by a change in the
MARSEC Level must ensure confirmation to their cognizant
Subpart B-Maritime Security (MARSEC) Levels District Commander the attainment of measures or actions
described in their security plan and any other requirements
101.200 MARSEC Levels. imposed by the District Commander or COTP that correspond
(a) MARSEC Levels advise the maritime community and the with the MARSEC Level being imposed by the change.
public of the level of risk to the maritime elements of the national
transportation system. Ports, under direction of the local COTP, [USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at
will respond to changes in the MARSEC Level by implementing 68 FR 60472, Oct. 22, 2003]
the measures specified in the AMS Plan. Similarly, vessels and
facilities required to have security plans under part 104, 105, or 101.305 Reporting.
106 of this subchapter shall implement the measures specified in (a) Notification of suspicious activities. An owner or operator
their security plans for the applicable MARSEC Level. required to have a security plan under part 104, 105, or 106 of
this subchapter shall, without delay, report activities that may
(b) Unless otherwise directed, each port, vessel, and facility shall result in a transportation security incident to the National
operate at MARSEC Level 1. Response Center at the following toll free telephone: 1-800-424-
8802, direct telephone 202-267-2675, or TDD 202-267-4477. Any
(c) The Commandant will set (raise or lower) the MARSEC Level other person or entity is also encouraged to report activities that
commensurate with risk, and in consideration of any maritime may result in a transportation security incident to the National
nexus to any active National Terrorism Advisory System (NTAS) Response Center.
alerts. Notwithstanding the NTAS, the Commandant retains
discretion to adjust the MARSEC Level when necessary to (b) Notification of breaches of security. An owner or operator
address any particular security concerns or circumstances related required to have a security plan under parts 104, 105, or 106 of
to the maritime elements of the national transportation system. this subchapter shall, without delay, report breaches of security to
the National Response Center via one of the means listed in
(d) The COTP may raise the MARSEC Level for the port, a paragraph (a) of this section.
specific marine operation within the port, or a specific industry
within the port, when necessary to address an exigent (c) Notification of transportation security incident (TSI).
circumstance immediately affecting the security of the maritime
elements of the transportation in his/her area of responsibility. (1) Any owner or operator required to have a security plan under
Application of this delegated authority will be pursuant to policies part 104 or 105 of this subchapter shall, without delay, report a
and procedures specified by the Commandant. TSI to their local COTP and immediately thereafter begin
following the procedures set out in their security plan, which may
[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended by include contacting the National Response Center via one of the
USCG-2013-0397, 78 FR 39173, July 1, 2013] means listed in paragraph (a) of this section.

101.205 [Removed and Reserved] (2) Any owner or operator required to have a security plan under
part 106 of this subchapter shall, without delay, report a TSI to
Subpart C-Communication (Port-Facility-Vessel) their cognizant District Commander and immediately thereafter
begin following the procedures set out in their security plan, which
101.300 Preparedness communications.
may include contacting the National Response Center via one of
(a) Notification of MARSEC Level change. The COTP will (a)
the means listed in paragraph (a) of this section.
Notification of MARSEC Level change. The COTP will
communicate any changes in the MARSEC Levels through a local
(d) Callers to the National Response Center should be prepared
Broadcast Notice to Mariners, an electronic means, if available, or
to provide as much of the following information as possible:
as detailed in the AMS Plan.
(1) Their own name and contact information;
(b) Communication of threats. When the COTP is made aware of
a threat that may cause a transportation security incident, the
(2) The name and contact information of the suspicious or
COTP will, when appropriate, communicate to the port
responsible party;
stakeholders, vessels, and facilities in his or her AOR the
following details:
(3) The location of the incident, as specifically as possible; and
(1) Geographic area potentially impacted by the probable threat;
(4) The description of the incident or activity involved.
(2) Any appropriate information identifying potential targets;
[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended by
USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2005-
(3) Onset and expected duration of probable threat;
21531, 70 FR 36349, June 23, 2005; USCG-2006-25150, 71 FR
39208, July 12, 2006; USCG-2008-0179, 73 FR 35009, June 19,
(4) Type of probable threat; and
2008]
(5) Required actions to minimize risk.
101.310 Additional communication devices.
(a) Alert Systems. Alert systems, such as the ship security alert
(c) Attainment.
system required in SOLAS Chapter XI-2, Regulation 6
(Incorporated by reference, see 101.115), may be used to
(1) Each owner or operator of a vessel or facility required to have
augment communication and may be one of the communication
a security plan under parts 104 or 105 of this subchapter affected
methods listed in a vessel or facility security plan under part 104,
by a change in the MARSEC Level must ensure confirmation to
105, or 106 of this subchapter.
their local COTP the attainment of measures or actions described
in their security plan and any other requirements imposed by the
(b) Automated Identification Systems (AIS). AIS may be used
COTP that correspond with the MARSEC Level being imposed by
to augment communication, and may be one of the

119
communication methods listed in a vessel security plan under part equivalent security measures and the basis for submitting the
104 of this subchapter. See 33 CFR part 164 for additional equivalent security measures to the COTP or, if a facility
information on AIS device requirements. regulated under part 106 of this subchapter, to their cognizant
District Commander, for approval.
Subpart D-Control Measures for Security
(e) The owner or operator must submit the proposed equivalent
101.400 Enforcement. security measures within the time prescribed in the MARSEC
(a) The rules and regulations in this subchapter are enforced by Directive. The owner or operator must implement any equivalent
the COTP under the supervision and general direction of the security measures approved by the COTP, or, if a facility
District Commander, Area Commander, and the Commandant. All regulated under part 106 of this subchapter, by their cognizant
authority and power vested in the COTP by the rules and District Commander.
regulations in this subchapter is also vested in, and may be
exercised by, the District Commander, Area Commander, and the [USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at
Commandant. 68 FR 60472, Oct. 22, 2003]

(b) The COTP, District Commander, Area Commander, or 101.410 Control and Compliance Measures.
Commandant may assign the enforcement authority described in (a) The COTP may exercise authority pursuant to 33 CFR parts 6,
paragraph (a) of this section to any other officer or petty officer of 160 and 165, as appropriate, to rectify non-compliance with this
the Coast Guard or other designees authorized by the subchapter. COTPs or their designees are the officers duly
Commandant. authorized to exercise control and compliance measures under
SOLAS Chapter XI-2, Regulation 9, and the ISPS Code
(c) The provisions in this subchapter do not limit the powers (Incorporated by reference, see 101.115).
conferred upon Coast Guard commissioned, warrant, or petty
officers by any other law or regulation, including but not limited to (b) Control and compliance measures for vessels not in
33 CFR parts 6, 160, and 165. compliance with this subchapter may include, but are not limited
to, one or more of the following:
101.405 Maritime Security (MARSEC) Directives.
(a) (1) Inspection of the vessel;
(1) When the Coast Guard determines that additional security
measures are necessary to respond to a threat assessment or to (2) Delay of the vessel;
a specific threat against the maritime elements of the national
transportation system, the Coast Guard may issue a MARSEC (3) Detention of the vessel;
Directive setting forth mandatory measures. Only the
Commandant or his/her delegee may issue MARSEC Directives (4) Restriction of vessel operations;
under this section. Prior to issuing a MARSEC Directive, the
Commandant or his/her delegee will consult with those Federal (5) Denial of port entry;
agencies having an interest in the subject matter of that MARSEC
Directive. All MARSEC Directives issued under this section shall (6) Expulsion from port;
be marked as sensitive security information (SSI) in accordance
with 49 CFR part 1520. (7) Lesser administrative and corrective measures; or

(2) When a MARSEC Directive is issued, the Coast Guard will (8) Suspension or revocation of a security plan approved by the
immediately publish a notice in the Federal Register, and affected U.S., thereby making that vessel ineligible to operate in, on, or
owners and operators will need to go to their local COTP or under waters subject to the jurisdiction of the U.S. in accordance
cognizant District Commander to acquire a copy of the MARSEC with 46 U.S.C. 70103(c)(5).
Directive. COTPs and District Commanders will require owners or
operators to prove that they are a person required by 49 CFR (c) Control and compliance measures for facilities not in
1520.5(a) to restrict disclosure of and access to sensitive security compliance with this subchapter may include, but are not limited
information, and that under 49 CFR 1520.5(b), they have a need to, one or more of the following:
to know sensitive security information.
(1) Restrictions on facility access;
(b) Each owner or operator of a vessel or facility to whom a
MARSEC Directive applies is required to comply with the relevant (2) Conditions on facility operations;
instructions contained in a MARSEC Directive issued under this
section within the time prescribed by that MARSEC Directive. (3) Suspension of facility operations;

(c) Each owner or operator of a vessel or facility required to have (4) Lesser administrative and corrective measures; or
a security plan under parts 104, 105 or 106 of this subchapter that
receives a MARSEC Directive must: (5) Suspension or revocation of security plan approval, thereby
making that facility ineligible to operate in, on, under or adjacent
(1) Within the time prescribed in the MARSEC Directive, to waters subject to the jurisdiction of the U.S. in accordance with
acknowledge receipt of the MARSEC Directive to their local 46 U.S.C. 70103(c)(5).
COTP or, if a facility regulated under part 106 of this subchapter,
to their cognizant District Commander; and (d) Control and compliance measures under this section may be
imposed on a vessel when it has called on a facility or at a port
(2) Within the time prescribed in the MARSEC Directive, specify that does not maintain adequate security measures to ensure that
the method by which the measures in the MARSEC Directive the level of security to be achieved by this subchapter has not
have been implemented (or will be implemented, if the MARSEC been compromised.
Directive is not yet effective).
[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at
(d) In the event that the owner or operator of a vessel or facility 68 FR 60472, Oct. 22, 2003]
required to have a security plan under part 104, 105, or 106 of
this subchapter is unable to implement the measures in the 101.415 Penalties.
MARSEC Directive, the owner or operator must submit proposed

120
(a) Civil and criminal penalty. Violation of any order or other MARSEC Level than that set in the COTP's Area of Responsibility
requirement imposed under section 101.405 of this part is (AOR).
punishable by the civil and criminal penalties prescribed in 33
U.S.C. 1232 or 50 U.S.C. 192, as appropriate. [USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at
68 FR 60472, Oct. 22, 2003]
(b) Civil penalty. As provided in 46 U.S.C. 70119, any person who
does not comply with any other applicable requirement under this 101.510 Assessment tools.
subchapter, including a Maritime Security Directive, shall be liable Ports, vessels, and facilities required to conduct security
to the U.S. for a civil penalty of not more than $ 25,000 for each assessments by part 103, 104, 105, or 106 of this subchapter
violation. Enforcement and administration of this provision will be may use any assessment tool that meets the standards set out in
in accordance with 33 CFR 1.07. part 103, 104, 105, or 106, as applicable. These tools may include
USCG assessment tools, which are available from the cognizant
[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended by COTP or at http://www.uscg.mil/hq/g-m/nvic, as set out in the
USCG-2008-0179, 73 FR 35009, June 19, 2008 following:

101.420 Right to appeal. (a) Navigation and Vessel Inspection Circular titled, Guidelines
(a) Any person directly affected by a decision or action taken by a for Port Security Committees, and Port Security Plans Required
COTP under this subchapter, may appeal that action or decision for U.S. Ports (NVIC 9-02 change 3);
to the cognizant District Commander according to the procedures
in 46 CFR 1.03-15. (b) Navigation and Vessel Inspection Circular titled, Security
Guidelines for Vessels, (NVIC 10-02 change 1); and
(b) Any person directly affected by a decision or action taken by a
District Commander, whether made under this subchapter (c) Navigation and Vessel Inspection Circular titled, Security
generally or pursuant to paragraph (a) of this section, with the Guidelines for Facilities, (NVIC 11-02 change 1).
exception of those decisions made under 101.410 of this
subpart, may appeal that decision or action to the Commandant [USCG-2012-0306, 77 FR 37313, June 21, 2012, as amended by
(CG-5P), according to the procedures in 46 CFR 1.03-15. USCG-2013-0397, 78 FR 39173, July 1, 2013]
Appeals of District Commander decisions or actions made under
101.410 of this subpart should be made to the Commandant 101.515TWIC/Personal Identification.
(CG-CVC), according to the procedures in 46 CFR 1.03-15. (a) Persons not described in 101.514 of this part shall be
required to present personal identification in order to gain entry to
(c) Any person directly affected by a decision or action taken by a vessel, facility, and OCS facility regulated by parts 104, 105 or
the Commanding Officer, Marine Safety Center, under this 106 of this subchapter. These individuals must be under escort,
subchapter, may appeal that action or decision to the as that term is defined in 101.105 of this part, while inside a
Commandant (CG-5P) according to the procedures in 46 CFR secure area. This personal identification must, at a minimum,
1.03-15. meet the following requirements:

(d) Decisions made by Commandant (CG-5P), whether made (1) Be laminated or otherwise secure against tampering;
under this subchapter generally or pursuant to the appeal
provisions of this section, are considered final agency action. (2) Contain the individual's full name (full first and last names,
middle initial is acceptable);
[USCG-2003-14792, 68 FR 39278, July 1, 2003, as amended at
68 FR 60472, Oct. 22, 2003; 68 FR 62502, Nov. 4, 2003; USCG- (3) Contain a photo that accurately depicts that individual's
2008-0179, 73 FR 35009, June 19, 2008; USCG-2013-0397, 78 current facial appearance; and
FR 39173, July 1, 2013]
(4) Bear the name of the issuing authority.
Subpart E-Other Provisions
(b) The issuing authority in paragraph (a)(4) of this section must
101.500 Procedures for authorizing a Recognized Security be:
Organization (RSO). [Reserved]
(1) A government authority, or an organization authorized to act of
101.505 Declaration of Security (DoS). behalf of a government authority; or
(a) The purpose of a DoS, as described in SOLAS Chapter XI-2,
Regulation 10, and the ISPS Code (Incorporated by reference, (2) The individual's employer, union, or trade association.
see 101.115), is to state the agreement reached between a
vessel and a facility, or between vessels in the case of a vessel- (c) Vessel, facility, and OCS facility owners and operators must
to-vessel activity, as to the respective security measures each permit law enforcement officials, in the performance of their
must undertake during a specific vessel-to-facility interface, during official duties, who present proper identification in accordance
a series of interfaces between the vessel and the facility, or during with this section and 101.514 of this part to enter or board that
a vessel-to-vessel activity. vessel, facility, or OCS facility at any time, without delay or
obstruction. Law enforcement officials, upon entering or boarding
(b) Details as to who must complete a DoS, when a DoS must be a vessel, facility, or OCS facility, will, as soon as practicable,
completed, and how long a DoS must be retained are included in explain their mission to the Master, owner, or operator, or their
parts 104 through 106 of this subchapter. A DoS must, at a designated agent.
minimum, include the information found in the ISPS Code, part B,
appendix 1 (Incorporated by reference, see 101.115). (d) Inspection of credential.

(c) All vessels and facilities required to comply with parts 104, 105, (1) Each person who has been issued or possesses a TWIC must
and 106 of this subchapter must, at a minimum, comply with the present the TWIC for inspection upon a request from TSA, the
DoS requirements of the MARSEC Level set for the port. Coast Guard, or other authorized DHS representative; an
authorized representative of the National Transportation Safety
(d) The COTP may also require a DoS be completed for vessels Board; or a Federal, State, or local law enforcement officer.
and facilities during periods of critical port operations, special
marine events, or when vessels give notification of a higher (2) Each person who has been issued or who possesses a TWIC

121
must allow his or her TWIC to be read by a reader and must representative; or a Federal, State, or local law enforcement
submit his or her reference biometric, such as a fingerprint, and officer.
any other required information, such as a PIN, to the reader, upon
a request from TSA, the Coast Guard, other authorized DHS [USCG-2006-24196, 72 FR 3578, Jan. 25, 2007]

122
PART 103-MARITIME SECURITY: AREA MARITIME
SECURITY
Subpart A-General Security Coordinator (FMSC).
(a) Without limitation to the authority vested in the COTP by
Sec. statute or regulation, and in addition to authority prescribed
103.100 Applicability. elsewhere in this part, the COTP as the FMSC is authorized to:
103.105 Definitions.
(1) Establish, convene, and direct the Area Maritime Security
Subpart B-Federal Maritime Security Coordinator (AMS) Committee;
(FMSC) Designation and Authorities
(2) Appoint members to the AMS Committee;
103.200 Designation of the Federal Maritime Security
Coordinator (FMSC). (3) Develop and maintain, in coordination with the AMS
103.205 Authority of the COTP as the Federal Maritime Committee, the AMS Plan;
Security Coordinator (FMSC).
(4) Implement and exercise the AMS Plan; and
Subpart C-Area Maritime Security (AMS)
Committee (5) Maintain the records required by 103.520 of this part.

103.300 Area Maritime Security (AMS) Committee. (b) The authorizations in paragraph (a) of this section do not limit
103.305 Composition of an Area Maritime Security (AMS) any other existing authority of the COTP.
Committee.
103.310 Responsibilities of the Area Maritime Security (AMS) Subpart C-Area Maritime Security (AMS)
Committee. Committee
Subpart D-Area Maritime Security (AMS) 103.300 Area Maritime Security (AMS) Committee.
Assessment (a) The AMS Committee is established under the direction of the
COTP and shall assist in the development, review, and update of
103.400 General. the AMS Plan for their area of responsibility. For the purposes of
103.405 Elements of the Area Maritime Security this subchapter, Port Security Committees that were established
(AMS)Assessment. prior to July 1, 2003, according to guidance issued by the Coast
103.410 Persons involved in the Area Maritime Security (AMS) Guard, may be considered AMS Committees, provided they
Assessment. conform to the procedures established by this part and satisfy the
membership requirements of 103.305 of this part.
Subpart E-Area Maritime Security (AMS) Plan
(b) The AMS Committee will operate under terms specified in a
103.500 General. written charter. At a minimum, the charter must address:
103.505 Elements of the Area Maritime Security (AMS) Plan.
103.510 Area Maritime Security (AMS) Plan review and (1) The AMS Committee's purpose and geographic area of
approval. responsibility;
103.515 Exercises.
103.520 Recordkeeping. (2) Rules for membership;
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70102, 70103,
(3) The AMS Committee's organizational structure and procedural
70104, 70112; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16,
rules of order;
and 6.19; Department of Homeland Security Delegation No.
0170.1.
(4) Frequency of meetings, to include not less than once in a
calendar year or when requested by a majority of the AMS
Source: USCG-2003-14733, 68 FR 39290, July 1, 2003, unless
Committee members;
otherwise noted
______________________________________________________________________
(5) Guidelines for public access to AMS Committee meetings and
Subpart A-General records; and

103.100 Applicability. (6) Rules for handling and protecting classified, sensitive security,
This part applies to all vessels and facilities located in, on, under, commercially sensitive, and proprietary information.
or adjacent to waters subject to the jurisdiction of the U.S.
103.305 Composition of an Area Maritime Security (AMS)
103.105 Definitions. Committee.
Except as specifically stated in this subpart, the definitions in part (a) An AMS Committee will be composed of not less than seven
101 of this subchapter apply to this part. members having an interest in the security of the area and who
may be selected from
Subpart B-Federal Maritime Security Coordinator
(FMSC) Designation and Authorities (1) The Federal, Territorial, or Tribal government;

103.200 Designation of the Federal Maritime Security (2) The State government and political subdivisions thereof;
Coordinator (FMSC).
The COTPs are the Federal Maritime Security Coordinators for (3) Local public safety, crisis management and emergency
their respective COTP zones described in 33 CFR part 3, response agencies;
including all ports and areas located therein.
(4) Law enforcement and security organizations;
103.205 Authority of the COTP as the Federal Maritime

123
(5) Maritime industry, including labor; (a) The AMS Assessment must include the following elements:

(6) Other port stakeholders having a special competence in (1) Identification of the critical Marine Transportation System
maritime security; and infrastructure and operations in the port;

(7) Port stakeholders affected by security practices and policies. (2) Threat assessment that identifies and evaluates each potential
threat on the basis of various factors, including capability and
(b) At least seven of the members must each have 5 or more intention;
years of experience related to maritime or port security operations.
(3) Consequence and vulnerability assessment for each
(c) Members appointed under this section serve for a term of not target/scenario combination; and
more than five years. In appointing members, the FMSC should
consider the skills required by 103.410 of this part. With the (4) A determination of the required security measures for the
exception of credentialed Federal, state and local officials, all three MARSEC Levels.
AMS Committee members shall have a name-based terrorist
check from TSA, hold a TWIC, or have passed a comparable (b) In order to meet the elements listed in paragraph (a) of this
security threat assessment, if they need access to SSI as section, an AMS Assessment should consider each of the
determined by the FMSC. following:

[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at (1) Physical security of infrastructure and operations at the port;
68 FR 60482, Oct. 22, 2003; USCG-2006-24196, 72 FR 3579,
Jan. 25, 2007] (2) Structures considered critical for the continued operation of
the port;
103.310 Responsibilities of the Area Maritime Security (AMS)
Committee. (3) Existing security systems and equipment available to protect
(a) The AMS Committee shall: maritime personnel;

(1) Identify critical port infrastructure and operations; (4) Procedural policies;

(2) Identify risks (threats, vulnerabilities, and consequences); (5) Radio and telecommunication systems, including computer
systems and networks;
(3) Determine mitigation strategies and implementation methods;
(6) Relevant transportation infrastructure;
(4) Develop and describe the process to continually evaluate
overall port security by considering consequences and (7) Utilities;
vulnerabilities, how they may change over time, and what
additional mitigation strategies can be applied; and (8) Security resources and capabilities; and

(5) Provide advice to, and assist the COTP in, developing the (9) Other areas that may, if damaged, pose a risk to people,
AMS Plan. infrastructure, or operations within the port.

(b) The AMS Committee shall also serve as a link for (c) AMS Assessments are sensitive security information and must
communicating threats and changes in MARSEC Levels, and be protected in accordance with 49 CFR part 1520.
disseminating appropriate security information to port
stakeholders. 103.410 Persons involved in the Area Maritime Security
(AMS) Assessment.
Subpart D-Area Maritime Security (AMS) The persons carrying out the AMS Assessment must have the
Assessment appropriate skills to evaluate the security of the port in
accordance with this part. This includes being able to draw upon
103.400 General. expert assistance in relation to:
(a) The Area Maritime Security (AMS) Committee will ensure that
a risk based AMS Assessment, is completed and meets the (a) Knowledge of current security threats and patterns;
requirements specified in 103.310 of this part and 101.510 of
this subchapter, incorporating the elements specified in 103.405 (b) Recognition and detection of dangerous substances, and
of this part. devices;

(b) AMS Assessments can be completed by the COTP, the AMS (c) Recognition, on a non-discriminatory basis, of characteristics
Committee, a Coast Guard Port Security Assessment team, or by and behavioral patterns of persons who are likely to threaten
another third party approved by the AMS Committee. security;

(c) Upon completion of each AMS Assessment, a written report, (d) Techniques used to circumvent security measures;
which is designated sensitive security information, must be
prepared consisting of: (e) Methods used to cause a transportation security incident;

(1) A summary of how the AMS Assessment was conducted; (f) Effects of dangerous substances and devices on structures
and port services;
(2) A description of each vulnerability and consequences found
during the AMS Assessment; and (g) Port security requirements;

(3) A description of risk reduction strategies that could be used to (h) Port business practices;
ensure continued operation at an acceptable risk level.
(i) Contingency planning, emergency preparedness, and
103.405 Elements of the Area Maritime Security (AMS) response;
Assessment.

124
(j) Physical security measures; (n) Security measures designed to ensure effective security of
infrastructure, special events, vessels, passengers, cargo, and
(k) Radio and telecommunications systems, including computer cargo handling equipment at facilities within the port not otherwise
systems and networks; covered by a Vessel or Facility Security Plan, approved under
part 104, 105, or 106 of this subchapter;
(l) Transportation and civil engineering;
(o) Procedures to be taken when a vessel is at a higher security
(m) Vessel and port operations; and level than the facility or port it is visiting;

(n) Knowledge of the impact, including cost impacts of (p) Procedures for responding if a vessel security alert system on
implementing security measures on port operations. board a vessel within or near the port has been activated;

Subpart E-Area Maritime Security (AMS) Plan (q) Procedures for communicating appropriate security and threat
information to the public;
103.500 General.
a) The Area Maritime Security (AMS) Plan is developed by the (r) Procedures for handling reports from the public and maritime
COTP, in consultation with the AMS Committee, and is based on industry regarding suspicious activity;
an AMS Assessment that meets the provisions of subpart D of
this part. The AMS Plan must be consistent with the National (s) The jurisdiction of Federal, State, Indian Tribal, and local
Maritime Transportation Security Plan and the National government agencies and law enforcement entities over area
Transportation Security Plan. security related matters;

(b) Portions of the AMS Plan may contain sensitive security (t) Security resources available for incident response and their
information, and those portions must be marked as such and capabilities;
protected in accordance with 49 CFR part 1520.
(u) Procedures for responding to a TSI;
[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at
68 FR 60482, Oct. 22, 2003] (v) Procedures to facilitate the recovery of the Marine
Transportation System after a TSI; and
103.505 Elements of the Area Maritime Security (AMS) Plan.
The AMS Plan should address the following elements, as (w) Identification of any facility otherwise subject to part 105 of
applicable: this subchapter that the COTP has designated as a public access
facility within the area, the security measures that must be
(a) Details of both operational and physical measures that are in implemented at the various MARSEC Levels, and who is
place in the port at MARSEC Level 1; responsible for implementing those measures.

(b) Details of the additional security measures that enable the port [USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at
to progress, without delay, to MARSEC Level 2 and, when 68 FR 60482, Oct. 22, 2003; USCG-2006-24196, 72 FR 3579,
necessary, to MARSEC Level 3; Jan. 25, 2007]

(c) Details of the security incident command-and-response 103.510 Area Maritime Security (AMS) Plan review and
structure; approval.
Each AMS Plan will be submitted to the cognizant District
(d) Details for regular audit of the AMS Plan, and for its Commander for review and then forwarded to the Area
amendment in response to experience or changing circumstances; Commander for approval.

(e) Measures to prevent the introduction of dangerous substances 103.515 Exercises.


and devices into designated restricted areas within the port; (a) The COTP shall coordinate with the Area Maritime Security
(AMS) Committee to conduct or participate in an exercise at least
(f) Measures to prevent unauthorized access to designated once each calendar year, with no more than 18 months between
restricted areas within the port (e.g., TWIC); exercises, to test the effectiveness of the AMS Plan.

(g) Procedures and expected timeframes for responding to (b) An exercise may consist of any of the following:
security threats or breaches of security, including provisions for
maintaining infrastructure and operations in the port; (1) A tabletop exercise to validate the AMS Plan. No equipment or
personnel deployment is required;
(h) Procedures for responding to any security instructions the
Coast Guard announces at MARSEC Level 3; (2) A field training exercise consisting of personnel deployment
and use of security equipment; or
(i) Procedures for evacuation within the port in case of security
threats or breaches of security; (3) A combination of 103.515(b)(1) and (b)(2).

(j) Procedures for periodic plan review, exercise, and updating; (c) Upon review by the cognizant District Commander, and
approval by the cognizant Area Commander, the requirements of
(k) Procedures for reporting transportation security incidents (TSI); this section may be satisfied by

(l) Identification of, and methods to communicate with, Facility (1) Participation of the COTP and appropriate AMS Committee
Security Officers (FSO), Company Security Officers (CSO), members or other appropriate port stakeholders in an emergency
Vessel Security Officers (VSO), public safety officers, emergency response or crisis management exercise conducted by another
response personnel, and crisis management organization governmental agency or private sector entity, provided that the
representatives within the port, including 24-hour contact details; exercise addresses components of the AMS Plan;

(m) Measures to ensure the security of the information contained (2) An actual increase in MARSEC Level; or
in the AMS Plan;

125
(3) Implementation of enhanced security measures enumerated in 103.520 Recordkeeping.
the AMS Plan during periods of critical port operations or special (a) All records pertaining to the Area Maritime Security (AMS)
marine events. Assessment and AMS Plan will be retained by the COTP for 5
years.
[USCG-2003-14733, 68 FR 39290, July 1, 2003, as amended at
68 FR 60483, Oct. 22, 2003] (b) Exercise documentation will be kept by the COTP for 2 years.

126
PART 104-MARITIME SECURITY: VESSELS
Subpart A-General (a) This part applies to the owner or operator of any:

Sec. (1) Mobile Offshore Drilling Unit (MODU), cargo, or passenger


104.100 Definitions. vessel subject to the International Convention for Safety of Life at
104.105 Applicability. Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2;
104.110 Exemptions.
104.115 Compliance dates. (2) Foreign cargo vessel greater than 100 gross register tons;
104.120 Compliance documentation.
104.125 Noncompliance. (3) Self-propelled U.S. cargo vessel greater than 100 gross
104.130 Waivers. register tons subject to 46 CFR subchapter I, except commercial
104.135 Equivalents. fishing vessels inspected under 46 CFR part 105;
104.140 Alternative Security Programs.
104.145 Maritime Security (MARSEC) Directive. (4) Vessel subject to 46 CFR chapter I, subchapter L;
104.150 Right to appeal.
(5) Passenger vessel subject to 46 CFR chapter I, subchapter H;
Subpart B-Vessel Security Requirements
(6) Passenger vessel certificated to carry more than 150
104.200 Owner or operator. passengers;
104.205 Master.
104.210 Company Security Officer (CSO). (7) Other passenger vessel carrying more than 12 passengers,
104.215 Vessel Security Officer (VSO). including at least one passenger-for-hire, that is engaged on an
104.220 Company or vessel personnel with security duties. international voyage;
104.225 Security training for all other vessel personnel.
104.230 Drill and exercise requirements. (8) Barge subject to 46 CFR chapter I, subchapters D or O;
104.235 Vessel recordkeeping requirements.
104.240 Maritime Security (MARSEC) Level coordination and (9) Barge carrying certain dangerous cargo in bulk or barge that is
implementation. subject to 46 CFR Chapter I, subchapter I, that is engaged on an
104.245 Communications. international voyage.
104.250 Procedures for interfacing with facilities and other
vessels. (10) Tankship subject to 46 CFR chapter I, subchapters D or O;
104.255 Declaration of Security (DoS). and
104.260 Security systems and equipment maintenance.
104.265 Security measures for access control. (11) Towing vessel greater than eight meters in registered length
104.270 Security measures for restricted areas. that is engaged in towing a barge or barges subject to this part,
104.275 Security measures for handling cargo. except a towing vessel that
104.280 Security measures for delivery of vessel stores and
bunkers. (i) Temporarily assists another vessel engaged in towing a barge
104.285 Security measures for monitoring. or barges subject to this part;
104.290 Security incident procedures.
104.292 Additional requirements-passenger vessels and ferries. (ii) Shifts a barge or barges subject to this part at a facility or
104.295 Additional requirements-cruise ships. within a fleeting facility;
104.297 Additional requirements-vessels on international
voyages. (iii) Assists sections of a tow through a lock; or
Subpart C-Vessel Security Assessment (VSA) (iv) Provides emergency assistance.
104.300 General.
(b) An owner or operator of any vessel not covered in paragraph
104.305 Vessel Security Assessment (VSA) requirements.
(a) of this section is subject to parts 101 through 103 of this
104.310 Submission requirements.
subchapter.
Subpart D-Vessel Security Plan (VSP) (c) Foreign Vessels that have on board a valid International Ship
104.400 General. Security Certificate that certifies that the verifications required by
104.405 Format of the Vessel Security Plan (VSP). part A, Section 19.1, of the International Ship and Port Facility
104.410 Submission and approval. Security (ISPS) Code (Incorporated by reference, see 101.115
104.415 Amendment and audit. of this subchapter) have been completed will be deemed in
compliance with this part, except for 104.240, 104.255,
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 104.292, and 104.295, as appropriate. This includes ensuring that
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; the vessel meets the applicable requirements of SOLAS Chapter
Department of Homeland Security Delegation No. 0170.1. XI-2 (Incorporated by reference, see 101.115 of this subchapter)
and the ISPS Code, part A, having taken into account the relevant
Source: USCG-2003-14749, 68 FR 39302, July 1, 2003, unless provisions of the ISPS Code, part B, and that the vessel is
otherwise noted provided with an approved security plan.
______________________________________________________________________
(d) The TWIC requirements found in this part do not apply to
Subpart A-General foreign vessels.

104.100 Definitions. (e) The TWIC requirements found in this part do not apply to
Except as specifically stated in this subpart, the definitions in part mariners employed aboard vessels moored at U.S. facilities only
101 of this subchapter apply to this part. when they are working immediately adjacent to their vessels in
the conduct of vessel activities.
104.105 Applicability.

127
(f) Except pursuant to international treaty, convention, or (1) The approved Vessel Security Plan (VSP) and any approved
agreement to which the U.S. is a party, this part does not apply to revisions or amendments thereto, and a letter of approval from
any foreign vessel that is not destined for, or departing from, a the Commanding Officer, Marine Safety Center (MSC);
port or place subject to the jurisdiction of the U.S. and that is in:
(2) The VSP submitted for approval and a current
(1) Innocent passage through the territorial sea of the U.S.; or acknowledgement letter from the Commanding Officer, MSC,
stating that the Coast Guard is currently reviewing the VSP
(2) Transit through the navigable waters of the U.S. that form a submitted for approval, and that the vessel may continue to
part of an international strait. operate so long as the vessel remains in compliance with the
submitted plan;
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
68 FR 60513, Oct. 22, 2003; USCG-2004-18057, 69 FR 34925, (3) For vessels operating under a Coast Guard-approved
June 23, 2004; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; Alternative Security Program as provided in 104.140, a copy of
USCG-2006-24196, 72 FR 3579, Jan. 25, 2007] the Alternative Security Program the vessel is using, including a
vessel specific security assessment report generated under the
104.110 Exemptions. Alternative Security Program, as specified in 101.120(b)(3) of
(a) This part does not apply to warships, naval auxiliaries, or other this subchapter, and a letter signed by the vessel owner or
vessels owned or operated by a government and used only on operator, stating which Alternative Security Program the vessel is
government non-commercial service. using and certifying that the vessel is in full compliance with that
program; or
(b) A vessel is not subject to this part while the vessel is laid up,
dismantled, or otherwise out of commission. (4) For foreign vessels, subject to the International Convention for
Safety of Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-
[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003] 2, a valid International Ship Security Certificate (ISSC) that attests
to the vessel's compliance with SOLAS Chapter XI-2 and the
104.115 Compliance. ISPS Code, part A (Incorporated by reference, see 101.115 of
(a) Vessel owners or operators must ensure their vessels are this subchapter) and is issued in accordance with the ISPS Code,
operating in compliance with this part. part A, section 19. As stated in Section 9.4 of the ISPS Code, part
A requires that, in order for the ISSC to be issued, the provisions
(b) Owners or operators of foreign vessels must comply with the of part B of the ISPS Code need to be taken into account.
following
(b) Each owner or operator of an unmanned vessel subject to this
(1) Vessels subject to the International Convention for Safety of part must maintain the documentation described in paragraphs
Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2, must (a)(1), (2), or (3) of this section. The letter required by each of
carry on board a valid International Ship Security Certificate that those paragraphs must be carried on board the vessel. The plan
certifies that the verifications required by part A, Section 19.1, of or program required by each of those paragraphs must not be
the International Ship and Port Facility Security (ISPS) Code carried on board the vessel, but must be maintained in a secure
(Incorporated by reference, see 101.115 of this subchapter) location. During scheduled inspections, the plan or program must
have been completed. This includes ensuring that the vessel be made available to the Coast Guard upon request.
meets the applicable requirements of SOLAS Chapter XI-2
(Incorporated by reference, see 101.115 of this chapter) and the (c) Each vessel owner or operator who designates a passenger or
ISPS Code, part A, having taken into account the relevant employee access area (as those terms are defined in 104.106
provisions of the ISPS Code, part B, and that the vessel is and 104.107 of this part) on their vessel must keep on board the
provided with an approved security plan. vessel with their approved VSP a clear, visual representation
(such as a vessel schematic) of where those designated areas fall.
(2) Vessels not subject to SOLAS Chapter XI-1 or Chapter XI-2, This need not be submitted to the Coast Guard for approval until
may comply with this part through an Alternative Security incorporated into the VSP at the next VSP submittal (either
Program or a bilateral arrangement approved by the Coast Guard. renewal or amendment), but must be made available to the Coast
If not complying with an approved Alternative Security Program or Guard upon request.
bilateral arrangement, these vessels must meet the requirements
of paragraph (b) of this section. [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
Code of Federal Regulations341 68 FR 60513, Oct. 22, 2003; USCG-2004-18057, 69 FR 34925,
June 23, 2004; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007]
(c) Persons required to obtain a TWIC under this part may enroll
beginning after the date set by the Coast Guard in a Notice to be 104.125 Noncompliance.
published in the Federal Register. This notice will be directed to When a vessel must temporarily deviate from the requirements of
all facilities and vessels within a specific COTP zone. this part, the vessel owner or operator must notify the cognizant
COTP, and either suspend operations or request and receive
(d) By April 15, 2009, vessel owners or operators subject to permission from the COTP to continue operating.
paragraph (b) of this section and not excluded by 104.105(d) of
this part must be operating in accordance with the TWIC [USCG-2003-14749, 68 FR 60513, Oct. 22, 2003]
provisions found within this part.
104.130 Waivers.
[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003, as amended by Any vessel owner or operator may apply for a waiver of any
USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2004- requirement of this part that the owner or operator considers
19963, 70 FR 74669, Dec. 16, 2005; USCG-2006-25150, 71 FR unnecessary in light of the nature or operating conditions of the
39208, July 12, 2006; USCG-2006-24196, 72 FR 3579, Jan. 25, vessel. A request for a waiver must be submitted in writing with
2007; 73 FR 25565, May 7, 2008] justification to the Commandant (CG-5P), Attn: Assistant
Commandant for Prevention Policy, U.S. Coast Guard Stop 7501,
104.120 Compliance documentation. 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
(a) Each vessel owner or operator subject to this part must ensure, 7501. The Commandant (CG-5P) may require the vessel owner
on or before July 1, 2004, that copies of the following documents or operator to provide additional data for determining the validity
are carried on board the vessel and are made available to the of the requested waiver. The Commandant (CG-5P) may grant, in
Coast Guard upon request: writing, a waiver with or without conditions only if the waiver will

128
not reduce the overall security of the vessel, its passengers, its welfare and labor organizations), with facility operators in advance
crew, or its cargo, or facilities or ports that the vessel may visit. of a vessel's arrival. Vessel owners or operators may refer to
treaties of friendship, commerce, and navigation between the U.S.
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by and other nations in coordinating such leave;
USCG-2008-0179, 73 FR 35009, June 19, 2008; USCG-2010-
0351, 75 FR 36282, June 25, 2010; USCG-2013-0397, 78 FR (8) Ensure security communication is readily available;
39173, July 1, 2013; USCG-2014-0410, 79 FR 38432, July 7,
2014] (9) Ensure coordination with and implementation of changes in
Maritime Security (MARSEC) Level;
104.135 Equivalents.
For any measure required by this part, the vessel owner or (10) Ensure that security systems and equipment are installed
operator may propose an equivalent as provided in 101.130 of and maintained;
this subchapter.
(11) Ensure that vessel access, including the embarkation of
104.140 Alternative Security Programs. persons and their effects, is controlled;
A vessel owner or operator may use an Alternative Security
Program as approved under 101.120 of this subchapter if: (12) Ensure that TWIC procedures are implemented as set forth
in this part, including;
(a) The Alternative Security Program is appropriate to that class
of vessel; (i) Ensuring that only individuals who hold a TWIC and are
authorized to be in secure areas are permitted to escort;
(b) The vessel is not subject to the International Convention for
Safety of Life at Sea, 1974; and (ii) Identifying what action is to be taken by an escort, or other
authorized individual, should individuals under escort engage in
(c) The Alternative Security Program is implemented in its entirety. activities other than those for which escorted access was granted;
and
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
68 FR 60513, Oct. 22, 2003] (iii) Notifying vessel employees, and passengers if applicable, of
what parts of the vessel are secure areas, employee access
104.145 Maritime Security (MARSEC) Directive. areas, and passenger access areas, as applicable, and ensuring
Each vessel owner or operator subject to this part must comply such areas are clearly marked.
with any instructions contained in a MARSEC Directive issued
under 101.405 of this subchapter. (13) Ensure that restricted areas are controlled and TWIC
provisions are coordinated, if applied to such restricted areas;
104.150 Right to appeal.
Any person directly affected by a decision or action taken under (14) Ensure that protocols consistent with 104.265(c) of this
this part, by or on behalf of the Coast Guard, may appeal as part, for dealing with individuals requiring access who report a
described in 101.420 of this subchapter. lost, damaged, or stolen TWIC, or who have applied for and not
yet received a TWIC, are in place;
Subpart B-Vessel Security Requirements
(15) Ensure that cargo and vessel stores and bunkers are
104.200 Owner or operator. handled in compliance with this part;
(a) Each vessel owner or operator must ensure that the vessel
operates in compliance with the requirements of this part. (16) Ensure restricted areas, deck areas, and areas surrounding
the vessel are monitored;
(b) For each vessel, the vessel owner or operator must:
(17) Provide the Master, or for vessels on domestic routes only,
(1) Define the security organizational structure for each vessel the CSO, with the following information:
and provide all personnel exercising security duties or
responsibilities within that structure with the support needed to (i) Parties responsible for appointing vessel personnel, such as
fulfill security obligations; vessel management companies, manning agents, contractors,
concessionaires (for example, retail sales outlets, casinos, etc.);
(2) Designate, in writing, by name or title, a Company Security
Officer (CSO), a Vessel Security Officer (VSO) for each vessel, (ii) Parties responsible for deciding the employment of the vessel,
and identify how those officers can be contacted at any time; including time or bareboat charters or any other entity acting in
such capacity; and
(3) Ensure personnel receive training, drills, and exercises
enabling them to perform their assigned security duties; (iii) In cases when the vessel is employed under the terms of a
charter party, the contract details of those documents, including
(4) Inform vessel personnel of their responsibility to apply for and time or voyage charters; and
maintain a TWIC, including the deadlines and methods for such
applications, and of their obligation to inform TSA of any event (18) Give particular consideration to the convenience, comfort,
that would render them ineligible for a TWIC, or which would and personal privacy of vessel personnel and their ability to
invalidate their existing TWIC; maintain their effectiveness over long periods; and

(5) Ensure vessel security records are kept; (19) If applicable, ensure that protocols consistent with 104.267
of this part, for dealing with newly hired employees who have
(6) Ensure that adequate coordination of security issues takes applied for and not yet received a TWIC, are in place.
place between vessels and facilities; this includes the execution of
a Declaration of Security (DoS); [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by
USCG-2003-14749, 68 FR 60513, Oct. 22, 2003; USCG-2006-
(7) Ensure coordination of shore leave, transit, or crew change- 24196, 72 FR 3579, Jan. 25, 2007; USCG-2013-0397, 78 FR
out for vessel personnel, as well as access through the facility of 39173, July 1, 2013]
visitors to the vessel (including representatives of seafarers'

129
104.205 Master. (iv) Emergency preparedness and response and contingency
(a) Nothing in this part is intended to permit the Master to be planning;
constrained by the Company, the vessel owner or operator, or
any other person, from taking or executing any decision which, in (v) Security equipment and systems and their operational
the professional judgment of the Master, is necessary to maintain limitations;
the safety and security of the vessel. This includes denial of
access to personsexcept those identified as duly authorized by (vi) Methods of conducting audits, inspection and control and
the cognizant government authorityor their effects, and refusal monitoring techniques; and
to load cargo, including containers or other closed cargo transport
units. (vii) Techniques for security training and education, including
security measures and procedures.
(b) If, in the professional judgment of the Master, a conflict
between any safety and security requirements applicable to the (2) In addition to knowledge and training in paragraph (b)(1) of
vessel arises during its operations, the Master may give this section, the CSO must have general knowledge through
precedence to measures intended to maintain the safety of the training or equivalent job experience in the following, as
vessel, and take such temporary security measures as seem best appropriate:
under all circumstances. In such cases:
(i) Relevant international conventions, codes, and
(1) The Master must, as soon as practicable, inform the nearest recommendations;
COTP. If the vessel is on a foreign voyage, the Master must
promptly inform the Coast Guard via the NRC at 1-800-424-8802, (ii) Relevant government legislation and regulations;
direct telephone at 202-267-2675; Fax: 202-267-1322, TDD at
202-267-4477, or E-mail at HQS-DG-lst-NRCINFO@uscg.mil and (iii) Responsibilities and functions of other security organizations;
if subject to the jurisdiction of a foreign government, the relevant
maritime authority of that foreign government; (iv) Methodology of Vessel Security Assessment;

(2) The temporary security measures must, to the highest (v) Methods of vessel security surveys and inspections;
possible degree, be commensurate with the prevailing Maritime
Security (MARSEC) Level; and (vi) Instruction techniques for security training and education,
including security measures and procedures;
(3) The owner or operator must ensure that such conflicts are
resolved to the satisfaction of the cognizant COTP, or for vessels (vii) Handling sensitive security information and security related
on international voyages, the Commandant (CG-5P), and that the communications;
possibility of recurrence is minimized.
(viii) Knowledge of current security threats and patterns;
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
68 FR 60513, Oct. 22, 2003; USCG-2006-25150, 71 FR 39208, (ix) Recognition and detection of dangerous substances and
July 12, 2006; USCG-2008-0179, 73 FR 35009, June 19, 2008; devices;
USCG-2013-0397, 78 FR 39173, July 1, 2013]
(x) Recognition of characteristics and behavioral patterns of
104.210 Company Security Officer (CSO). persons who are likely to threaten security;
(a) General.
(xi) Techniques used to circumvent security measures;
(1) Each vessel owner or operator must designate in writing a
CSO. (xii) Methods of physical screening and non-intrusive inspections;

(2) A vessel owner or operator may designate a single CSO for all (xiii) Security drills and exercises, including drills and exercises
its vessels to which this part applies, or may designate more than with facilities; and
one CSO, in which case the owner or operator must clearly
identify the vessels for which each CSO is responsible. (xiv) Assessment of security drills and exercises.

(3) A CSO may perform other duties within the owner or (xv) Knowledge of TWIC requirements
operator's organization, including the duties of a Vessel Security
Officer, provided he or she is able to perform the duties and (c) Responsibilities. In addition to those responsibilities and duties
responsibilities required of a CSO. specified elsewhere in this part, the CSO must, for each vessel for
which he or she has been designated:
(4) The CSO may delegate duties required by this part, but
remains responsible for the performance of those duties. (1) Keep the vessel apprised of potential threats or other
information relevant to its security;
(5) The CSO must maintain a TWIC.
(2) Ensure a Vessel Security Assessment (VSA) is carried out;
(b) Qualifications.
(3) Ensure a Vessel Security Plan (VSP) is developed, approved,
(1) The CSO must have general knowledge, through training or and maintained;
equivalent job experience, in the following:
(4) Ensure the VSP is modified when necessary;
(i) Security administration and organization of the company's
vessel(s); (5) Ensure vessel security activities are audited;

(ii) Vessel, facility, and port operations relevant to that industry; (6) Arrange for Coast Guard inspections under 46 CFR part 2;

(iii) Vessel and facility security measures, including the meaning (7) Ensure the timely or prompt correction of problems identified
and the consequential requirements of the different Maritime by audits or inspections;
Security (MARSEC) Levels;

130
(8) Enhance security awareness and vigilance within the owner's (c) Certification required. After July 1, 2009, persons performing
or operator's organization; duties as VSO on-board a seagoing vessel subject to the
International Convention on Standards of Training, Certification
(9) Ensure relevant personnel receive adequate security training; and Watchkeeping for Seafarers, 1978, as amended, must hold a
valid Coast Guard-issued credential with a Vessel Security Officer
(10) Ensure communication and cooperation between the vessel endorsement. The Coast Guard will issue this endorsement only if
and the port and facilities with which the vessel interfaces; the person meets the requirements in paragraph (d) of this
section. This endorsement serves as proof that the person meets
(11) Ensure consistency between security requirements and the ship security officer requirements of Regulation VI/5 of the
safety requirements; STCW.

(12) Ensure that when sister-vessel or fleet security plans are (d) Requirements for Coast Guard Endorsement:
used, the plan for each vessel reflects the vessel-specific
information accurately; (1) To qualify for a VSO endorsement, a person must:

(13) Ensure compliance with an Alternative Security Program or (i) Be at least 18 years of age;
equivalents approved under this subchapter, if appropriate; and
(ii) Be able to speak and understand the English language as
(14) Ensure security measures give particular consideration to the would be relevant to the duties of a VSO;
convenience, comfort, and personal privacy of vessel personnel
and their ability to maintain their effectiveness over long periods. (iii) Hold any valid Coast Guard-issued credential under the
regulations specified in 46 CFR Subchapter B;
(15) Ensure the TWIC program is being properly implemented.
(iv) Successfully complete a Coast Guard-accepted VSO course;
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
68 FR 60513, Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, (v) Sea Service. Fulfill one of the following:
Jan. 25, 2007]
(A) Have approved sea service of not less than 12 months on any
104.215 Vessel Security Officer (VSO). vessel subject to 104.105 of this part, credited in accordance
(a) General. with 46 CFR 10.205(e), 10.211, and/or 10.213; or

(1) A VSO may perform other duties within the owner's or (B) Have approved sea service of not less than 6 months on any
operator's organization, provided he or she is able to perform the vessel subject to 104.105 of this part, credited in accordance
duties and responsibilities required of the VSO for each such with 46 CFR 10.205(b), 10.211, and/or 10.213, and have
vessel. knowledge of vessel operations.

(2) For manned vessels, the VSO must be the Master or a (2) To qualify as a Coast Guard-accepted course a VSO course
member of the crew. under paragraph (d)(1)(iv) of this section must require candidates
to demonstrate knowledge, understanding, and proficiency in the
(3) For unmanned vessels, the VSO must be an employee of the following competencies:
company, and the same person may serve as the VSO for more
than one unmanned vessel. If a person serves as the VSO for (i) Maintaining and supervising the implementation of a vessel
more than one unmanned vessel, the name of each unmanned security plan;
vessel for which he or she is the VSO must be listed in the Vessel
Security Plan (VSP). (ii) Assessing security risk, threat and vulnerability;

(4) The VSO of any unmanned barge and the VSO of any towing (iii) Undertaking regular inspections of the vessel to ensure that
vessel interfacing with the barge must coordinate and ensure the appropriate security measures are implemented and maintained;
implementation of security measures applicable to both vessels
during the period of their interface. (iv) Ensuring that security equipment and systems, if any, are
properly operated, tested and calibrated;
(5) The VSO may assign security duties to other vessel personnel;
however, the VSO remains responsible for these duties. (v) Encouraging security awareness and vigilance; and

(6) The VSO must maintain a TWIC. (vi) Ensuring compliance with the TWIC program requirements.

(b) Qualifications. The VSO must have general knowledge, (3) Candidates meeting the knowledge of vessel operations
through training or equivalent job experience, in the following: requirement under paragraph (d)(1)(v)(B) of this section must
provide evidence through training or equivalent job experience, in
(1) Those items listed in 104.210 (b)(1) and (b)(2) of this part; the following areas:

(2) Vessel layout; (i) Basic vessel layout and construction:

(3) The VSP and related procedures, including scenario-based (A) Understanding layout, including decks, rooms and space
response training; numbering; and

(4) Crowd management and control techniques; (B) Understanding of various vessel types; and working
knowledge of nautical terms and definitions, especially those used
(5) Operations of security equipment and systems; and to describe areas and parts of a vessel.

(6) Testing and calibration of security equipment and systems, (ii) Shipboard organization: familiarity with the various
and their maintenance while at sea. departments and related functions, the titles used for personnel,
the roles and responsibilities of these persons, and the chain of
(7) TWIC command.

131
(iii) Shipboard safety: (1) Regularly inspect the vessel to ensure that security measures
are maintained;
(A) Understanding of the importance of creating and maintaining
safe working and living conditions for passengers and crew alike; (2) Ensure maintenance and supervision of the implementation of
the VSP, and any amendments to the VSP;
(B) General shipboard safety rules, emergency alarms and
signals, and responses to and reporting of accidents; (3) Ensure the coordination and handling of cargo and vessel
stores and bunkers in compliance with this part;
(C) Proper usage of protective equipment and general knowledge
of procedures for entering enclosed spaces; (4) Propose modifications to the VSP to the Company Security
Officer (CSO);
(D) Proper usage of lifesaving equipment and where such
equipment is normally stowed aboard various vessel types; (5) Ensure that any problems identified during audits or
inspections are reported to the CSO, and promptly implement any
(E) Understanding of the operating principles of and proper use of corrective actions;
watertight and fire screen doors; and
(6) Ensure security awareness and vigilance on board the vessel;
(F) Understanding where it is safe to smoke and not safe to
smoke on board and in port. (7) Ensure adequate security training for vessel personnel;

(iv) Protection of the marine environment: (8) Ensure the reporting and recording of all security incidents;

(A) Understanding of vessel personnel's responsibility to preserve (9) Ensure the coordinated implementation of the VSP with the
the marine environment; and CSO and the relevant Facility Security Officer, when applicable;

(B) Basic working knowledge of pollution prevention regulations (10) Ensure security equipment is properly operated, tested,
and techniques. calibrated and maintained; and

(v) Familiarity with key definitions, terminology, and operational (11) Ensure consistency between security requirements and the
practices employed in the maritime industry. proper treatment of vessel personnel affected by those
requirements.
(4)
(12) Ensure TWIC programs are in place and implemented
(i) Persons meeting the criteria in paragraphs (d)(4)(i)(A) and (B) appropriately.
of this section prior to the effective date of this regulation may
successfully complete a refresher Coast Guard-accepted VSO [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
course no later than July 1, 2009, to fulfill (d)(1)(iv) of this section. 68 FR 60513, Oct. 22, 2003; USCG-2006-24196, 72 FR 3580,
Persons must have: Jan. 25, 2007; USCG-2008-0028, 73 FR 29070, May 20, 2008; 73
FR 34191, June 17, 2008]
(A) At least six months of VSO experience during the preceding
three years; or 104.220 Company or vessel personnel with security duties.
Company and vessel personnel responsible for security duties
(B) Successfully completed a VSO course that was not approved must maintain a TWIC, and must have knowledge, through
by the Maritime Administration (MARAD) on behalf of the Coast training or equivalent job experience, in the following, as
Guard. Maritime Administration approves VSO courses under appropriate:
section 109 of the Maritime Transportation Security Act of 2002,
Public Law 107-295. (a) Knowledge of current security threats and patterns;

(ii) To be eligible to take a refresher Coast Guard-accepted VSO (b) Recognition and detection of dangerous substances and
course, a person must present to the course provider devices;
documentary evidence that he or she meets the criteria in (d)(4)(i)
of this section. (c) Recognition of characteristics and behavioral patterns of
persons who are likely to threaten security;
(5) Vessel Security Officer courses meeting the training
requirements in paragraphs (d)(2) and (d)(4) of this section are (d) Techniques used to circumvent security measures;
subject to Coast Guard acceptance under 46 CFR
10.309(a)(10)(ii). (e) Crowd management and control techniques;

(6) Vessel Security Officer courses approved by MARAD on (f) Security related communications;
behalf of the Coast Guard under section 109 of the Maritime
Transportation Security Act of 2002, Public Law 107-295 will be (g) Knowledge of emergency procedures and contingency plans;
accepted by the Coast Guard under 46 CFR 10.309 as meeting
the requirements of paragraphs (d)(1)(iv) and (d)(2) of this section. (h) Operation of security equipment and systems;

(7) Persons who hold a valid Vessel Security Officer (i) Testing and calibration of security equipment and systems, and
endorsement may serve as vessel or company personnel with their maintenance while at sea;
security duties (33 CFR 104.220), and as all other vessel
personnel (33 CFR 104.225), without meeting any additional (j) Inspection, control, and monitoring techniques;
requirements.
(k) Relevant provisions of the Vessel Security Plan (VSP);
(e) Responsibilities. In addition to those responsibilities and
duties specified elsewhere in this part, the VSO must, for each (l) Methods of physical screening of persons, personal effects,
vessel for which he or she has been designated: baggage, cargo, and vessel stores; and

132
(m) The meaning and the consequential requirements of the (4) Drills must be conducted within one week from whenever the
different Maritime Security (MARSEC) Levels. percentage of vessel personnel with no prior participation in a
vessel security drill on that vessel exceeds 25 percent.
(n) Relevant aspects of the TWIC program and how to carry them
out. (5) Not withstanding paragraph (b)(4) of this section, vessels not
subject to SOLAS may conduct drills within 1 week from
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by whenever the percentage of vessel personnel with no prior
USCG-2006-24196, 72 FR 3580, Jan. 25, 2007] participation in a vessel security drill on a vessel of similar design
and owned or operated by the same company exceeds 25
104.225 Security training for all other vessel personnel. percent.
All other vessel personnel, including contractors, whether part-
time, full-time, temporary, or permanent, must have knowledge of, (c) Exercises.
through training or equivalent job experience in the following, as
appropriate: (1) Exercises must be conducted at least once each calendar
year, with no more than 18 months between exercises.
(a) Relevant provisions of the Vessel Security Plan (VSP);
(2) Exercises may be:
(b) The meaning and the consequential requirements of the
different Maritime Security (MARSEC) Levels, including (i) Full scale or live;
emergency procedures and contingency plans;
(ii) Tabletop simulation or seminar;
(c) Recognition and detection of dangerous substances and
devices; (iii) Combined with other appropriate exercises; or

(d) Recognition of characteristics and behavioral patterns of (iv) A combination of the elements in paragraphs (c)(2)(i) through
persons who are likely to threaten security; and (iii) of this section.

(e) Techniques used to circumvent security measures. (3) Exercises may be vessel-specific or part of a cooperative
exercise program to exercise applicable facility and vessel
(f) Relevant aspects of the TWIC program and how to carry them security plans or comprehensive port exercises.
out.
(4) Each exercise must test communication and notification
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at procedures, and elements of coordination, resource availability,
68 FR 60513, Oct. 22, 2003; USCG-2006-24196, 72 FR 3580, and response.
Jan. 25, 2007]
(5) Exercises are a full test of the security program and must
104.230 Drill and exercise requirements. include the substantial and active participation of relevant
(a) General. company and vessel security personnel, and may include facility
security personnel and government authorities depending on the
(1) Drills and exercises must test the proficiency of vessel scope and the nature of the exercises.
personnel in assigned security duties at all Maritime Security
(MARSEC) Levels and the effective implementation of the Vessel [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
Security Plan (VSP). They must enable the Vessel Security 68 FR 60513, Oct. 22, 2003]
Officer (VSO) to identify any related security deficiencies that
need to be addressed. 104.235 Vessel recordkeeping requirements.
(a) Unless otherwise specified in this section, the Vessel Security
(2) A drill or exercise required by this section may be satisfied Officer must keep records of the activities as set out in paragraph
with the implementation of security measures required by the (b) of this section for at least 2 years and make them available to
Vessel Security Plan as the result of an increase in the MARSEC the Coast Guard upon request.
Level, provided the vessel reports attainment to the cognizant
COTP. (b) Records required by this section may be kept in electronic
format. If kept in an electronic format, they must be protected
(b) Drills. against unauthorized deletion, destruction, or amendment. The
following records must be kept:
(1) The VSO must ensure that at least one security drill is
conducted at least every 3 months, except when a vessel is out of (1) Training. For training under 104.225, the date of each
service due to repairs or seasonal suspension of operation session, duration of session, a description of the training, and a
provided that in such cases a drill must be conducted within one list of attendees;
week of the vessel's reactivation. Security drills may be held in
conjunction with non-security drills where appropriate. (2) Drills and exercises. For each drill or exercise, the date held,
description of drill or exercise, list of participants; and any best
(2) Drills must test individual elements of the VSP, including practices or lessons learned which may improve the Vessel
response to security threats and incidents. Drills should take into Security Plan (VSP);
account the types of operations of the vessel, vessel personnel
changes, and other relevant circumstances. Examples of drills (3) Incidents and breaches of security. Date and time of
include unauthorized entry to a restricted area, response to occurrence, location within the port, location within the vessel,
alarms, and notification of law enforcement authorities. description of incident or breaches, to whom it was reported, and
description of the response;
(3) If the vessel is moored at a facility on the date the facility has
planned to conduct any drills, the vessel may, but is not required (4) Changes in Maritime Security (MARSEC) Levels. Date and
to, participate in the facility's scheduled drill. time of notification received, and time of compliance with
additional requirements;

133
(5) Maintenance, calibration, and testing of security equipment. substances and devices underwater or other threats.
For each occurrence of maintenance, calibration, and testing, the
date and time, and the specific security equipment involved; [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
68 FR 60514, Oct. 22, 2003]
(6) Security threats. Date and time of occurrence, how the threat
was communicated, who received or identified the threat, 104.245 Communications.
description of threat, to whom it was reported, and description of (a) The Vessel Security Officer must have a means to effectively
the response; notify vessel personnel of changes in security conditions on board
the vessel.
(7) Declaration of Security (DoS). Manned vessels must keep on
board a copy of the last 10 DoSs and a copy of each continuing (b) Communications systems and procedures must allow effective
DoS for at least 90 days after the end of its effective period; and and continuous communication between the vessel security
personnel, facilities interfacing with the vessel, vessels interfacing
(8) Annual audit of the VSP. For each annual audit, a letter with the vessel, and national or local authorities with security
certified by the Company Security Officer or the VSO stating the responsibilities.
date the audit was completed.
(c) Communication systems and procedures must enable vessel
(c) Any records required by this part must be protected from personnel to notify, in a timely manner, shore side authorities or
unauthorized access or disclosure. other vessels of a security threat or incident on board.

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at 104.250 Procedures for interfacing with facilities and other
68 FR 60514, Oct. 22, 2003] vessels.
(a) The vessel owner or operator must ensure that there are
104.240 Maritime Security (MARSEC) Level coordination measures for interfacing with facilities and other vessels at all
and implementation. MARSEC Levels.
(a) The vessel owner or operator must ensure that, prior to
entering a port or visiting an Outer Continental Shelf (OCS) facility, (b) For each U.S. flag vessel that calls on foreign ports or facilities,
all measures are taken that are specified in the Vessel Security the vessel owner or operator must ensure procedures for
Plan (VSP) for compliance with the MARSEC Level in effect for interfacing with those ports and facilities are established.
the port or the OCS facility.
104.255 Declaration of Security (DoS).
(b) When notified of an increase in the MARSEC Level, the vessel (a) Each vessel owner or operator must ensure procedures are
owner or operator must ensure: established for requesting a DoS and for handling DoS requests
from a facility or other vessel.
(1) If a higher MARSEC Level is set for the port in which the
vessel is located or is about to enter, the vessel complies, without (b) At MARSEC Level 1, the Master or Vessel Security Officer
undue delay, with all measures specified in the VSP for (VSO), or their designated representative, of any cruise ship or
compliance with that higher MARSEC Level; manned vessel carrying Certain Dangerous Cargoes, in bulk,
must complete and sign a DoS with the VSO or Facility Security
(2) The COTP is notified as required by 101.300(c) when Officer (FSO), or their designated representative, of any vessel or
compliance with the higher MARSEC Level has been facility with which it interfaces.
implemented;
(1) For a vessel-to-facility interface, prior to arrival of a vessel to a
(3) For vessels in port, that compliance with the higher MARSEC facility, the FSO and Master, VSO, or their designated
Level has taken place within 12 hours of the notification; and representatives must coordinate security needs and procedures,
and agree upon the contents of the DoS for the period of time the
(4) If a higher MARSEC Level is set for the OCS facility with vessel is at the facility. Upon a vessel's arrival to a facility and
which the vessel is interfacing or is about to visit, the vessel prior to any passenger embarkation or disembarkation or cargo
complies, without undue delay, with all measures specified in the transfer operation, the FSO or Master, VSO, or designated
VSP for compliance with that higher MARSEC Level. representatives must sign the written DoS.

(c) For MARSEC Levels 2 and 3, the Vessel Security Officer must (2) For a vessel engaging in a vessel-to-vessel activity, prior to
brief all vessel personnel of identified threats, emphasize the activity, the respective Masters, VSOs, or their designated
reporting procedures, and stress the need for increased vigilance. representatives must coordinate security needs and procedures,
and agree upon the contents of the DoS for the period of the
(d) An owner or operator whose vessel is not in compliance with vessel-to-vessel activity. Upon the vessel-to-vessel activity and
the requirements of this section must inform the COTP and obtain prior to any passenger embarkation or disembarkation or cargo
approval prior to entering any port, prior to interfacing with transfer operation, the respective Masters, VSOs, or designated
another vessel or with a facility or to continuing operations. representatives must sign the written DoS.

(e) For MARSEC Level 3, in addition to the requirements in this (c) At MARSEC Levels 2 and 3, the Master, VSO, or designated
part, a vessel owner or operator may be required to implement representative of any manned vessel required to comply with this
additional measures, pursuant to 33 CFR part 6, 160 or 165, as part must coordinate security needs and procedures, and agree
appropriate, which may include but are not limited to: upon the contents of the DoS for the period of the vessel-to-
vessel activity. Upon the vessel-to-vessel activity and prior to any
(1) Arrangements to ensure that the vessel can be towed or passenger embarkation or disembarkation or cargo transfer
moved if deemed necessary by the Coast Guard; operation, the respective Masters, VSOs, or designated
representatives must sign the written DoS.
(2) Use of waterborne security patrol;
(d) At MARSEC Levels 2 and 3, the Master, VSO, or designated
(3) Use of armed security personnel to control access to the representative of any manned vessel required to comply with this
vessel and to deter, to the maximum extent practical, a TSI; or part must coordinate security needs and procedures, and agree
upon the contents of the DoS for the period the vessel is at the
(4) Screening the vessel for the presence of dangerous facility. Upon the vessel's arrival to a facility and prior to any

134
passenger embarkation or disembarkation or cargo transfer (iv) Access doors, side scuttles, windows, and ports;
operation, the respective FSO and Master, VSO, or designated
representatives must sign the written DoS. (v) Mooring lines and anchor chains; and

(e) At MARSEC Levels 1 and 2, VSOs of vessels that frequently (vi) Cranes and hoisting gear;
interface with the same facility may implement a continuing DoS
for multiple visits, provided that: (2) The identification of the types of restriction or prohibition to be
applied and the means of enforcing them;
(1) The DoS is valid for the specific MARSEC Level;
(3) The means used to establish the identity of individuals not in
(2) The effective period at MARSEC Level 1 does not exceed 90 possession of a TWIC and procedures for escorting, in
days; and accordance with 101.515 of this subchapter; and

(3) The effective period at MARSEC Level 2 does not exceed 30 (4) Procedures for identifying authorized and unauthorized
days. persons at any MARSEC level.

(f) When the MARSEC Level increases beyond the level (c) The vessel owner or operator must ensure that a TWIC
contained in the DoS, the continuing DoS becomes void and a program is implemented as follows:
new DoS must be signed and implemented in accordance with
this section. (1) All persons seeking unescorted access to secure areas must
present their TWIC for inspection before being allowed
(g) The COTP may require at any time, at any MARSEC Level, unescorted access, in accordance with 101.514 of this
any manned vessel subject to this part to implement a DoS with subchapter. Inspection must include:
the VSO or FSO prior to any vessel-to-vessel activity or vessel-to-
facility interface when he or she deems it necessary. (i) A match of the photo on the TWIC to the individual presenting
the TWIC;
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
68 FR 60514, Oct. 22, 2003] (ii) Verification that the TWIC has not expired; and

104.260 Security systems and equipment maintenance. (iii) A visual check of the various security features present on the
(a) Security systems and equipment must be in good working card to determine whether the TWIC has been tampered with or
order and inspected, tested, calibrated and maintained according forged.
to the manufacturer's recommendation.
(2) If an individual cannot present a TWIC because it has been
(b) The results of testing completed under paragraph (a) of this lost, damaged or stolen, and he or she has previously been
section shall be recorded in accordance with 104.235. Any granted unescorted access to the vessel and is known to have
deficiencies shall be promptly corrected. had a valid TWIC, the individual may be given unescorted access
to secure areas for a period of no longer than seven consecutive
(c) The Vessel Security Plan (VSP) must include procedures for calendar days provided that:
identifying and responding to security system and equipment
failures or malfunctions. (i) The individual has reported the TWIC as lost, damaged, or
stolen to TSA as required in 49 CFR 1572.19(f);
104.265 Security measures for access control.
(a) General. The vessel owner or operator must ensure the (ii) The individual can present another identification credential that
implementation of security measures to: meets the requirements of 101.515 of this subchapter; and

(1) Deter the unauthorized introduction of dangerous substances (iii) There are no other suspicious circumstances associated with
and devices, including any device intended to damage or destroy the individual's claim of loss or theft.
persons, vessels, facilities, or ports;
(3) If an individual cannot present his or her TWIC for any other
(2) Secure dangerous substances and devices that are authorized reason than outlined in paragraph (2) of this section, he or she
by the owner or operator to be on board; may not be granted unescorted access to the secure area. The
individual must be under escort, as that term is defined in part 101
(3) Control access to the vessel; and of this subchapter, at all times when inside a secure area.

(4) Prevent an unescorted individual from entering an area of the (4) With the exception of persons granted access according to
vessel that is designated as a secure area unless the individual paragraph (2) of this section, all persons granted unescorted
holds a duly issued TWIC and is authorized to be in the area. access to secure areas of the vessel must be able to produce his
or her TWIC upon request.
(b) The vessel owner or operator must ensure that the following
are specified: (5) There must be disciplinary measures in place to prevent fraud
and abuse.
(1) The locations providing means of access to the vessel where
access restrictions or prohibitions are applied for each Maritime (6) The vessel's TWIC program should be coordinated, when
Security (MARSEC) Level, including those points where TWIC practicable, with identification and TWIC access control measures
access control provisions will be applied. Means of access of facilities or other transportation conveyances that interface with
include, but are not limited, to all: the vessel.

(i) Access ladders; (d) If the vessel owner or operator uses a separate identification
system, ensure that it complies and is coordinated with TWIC
(ii) Access gangways; provisions in this part.

(iii) Access ramps; (e) The vessel owner or operator must establish in the approved
VSP the frequency of application of any security measures for

135
access control, particularly if these security measures are applied (14) Ensure embarking passengers are segregated from
on a random or occasional basis. disembarking passengers;

(f) MARSEC Level 1. The vessel owner or operator must ensure (15) Ensure, in liaison with the facility, a defined percentage of
security measures in this paragraph are implemented to: vehicles to be loaded aboard passenger vessels are screened
prior to loading at the rate specified in the approved VSP;
(1) Employ TWIC as set out in paragraph (c) of this section.
(16) Ensure, in liaison with the facility, all unaccompanied vehicles
(2) Screen persons, baggage (including carry-on items), personal to be loaded on passenger vessels are screened prior to loading;
effects, and vehicles for dangerous substances and devices at the and
rate specified in the approved VSP, except for government-owned
vehicles on official business when government personnel present (17) Respond to the presence of unauthorized persons on board,
identification credentials for entry; including repelling unauthorized boarders.

(3) Conspicuously post signs that describe security measures (g) MARSEC Level 2. In addition to the security measures
currently in effect and clearly state that: required for MARSEC Level 1 in this section, at MARSEC Level 2,
the vessel owner or operator must ensure the implementation of
(i) Boarding the vessel is deemed valid consent to screening or additional security measures, as specified for MARSEC Level 2 in
inspection; and the approved VSP. These additional security measures may
include:
(ii) Failure to consent or submit to screening or inspection will
result in denial or revocation of authorization to board; (1) Increasing the frequency and detail of screening of people,
personal effects, and vehicles being embarked or loaded onto the
(4) Check the identification of any person not holding a TWIC and vessel as specified for MARSEC Level 2 in the approved VSP,
seeking to board the vessel, including vessel passengers, except for government-owned vehicles on official business when
vendors, personnel duly authorized by the cognizant government government personnel present identification credentials for entry;
authorities, and visitors. This check includes confirming the
reason for boarding by examining at least one of the following: (2) X-ray screening of all unaccompanied baggage;

(i) Joining instructions; (3) Assigning additional personnel to patrol deck areas during
periods of reduced vessel operations to deter unauthorized
(ii) Passenger tickets; access;

(iii) Boarding passes; (4) Limiting the number of access points to the vessel by closing
and securing some access points;
(iv) Work orders, pilot orders, or surveyor orders;
(5) Denying access to visitors who do not have a verified
(v) Government identification; or destination;

(vi) Visitor badges issued in accordance with an identification (6) Deterring waterside access to the vessel, which may include,
system implemented under paragraph (d) of this section. in liaison with the facility, providing boat patrols; and

(5) Deny or revoke a person's authorization to be on board if the (7) Establishing a restricted area on the shore side of the vessel,
person is unable or unwilling, upon the request of vessel in close cooperation with the facility.
personnel or a law enforcement officer, to establish his or her
identity in accordance with this part or to account for his or her (h) MARSEC Level 3. In addition to the security measures
presence on board. Any such incident must be reported in required for MARSEC Level 1 and MARSEC Level 2, the vessel
compliance with this part; owner or operator must ensure the implementation of additional
security measures, as specified for MARSEC Level 3 in the
(6) Deter unauthorized access to the vessel; approved VSP. The additional security measures may include:

(7) Identify access points that must be secured or attended to (1) Screening all persons, baggage, and personal effects for
deter unauthorized access; dangerous substances and devices;

(8) Lock or otherwise prevent access to unattended spaces that (2) Performing one or more of the following on unaccompanied
adjoin areas to which passengers and visitors have access; baggage:

(9) Provide a designated area on board, within the secure area, or (i) Screen unaccompanied baggage more extensively, for
in liaison with a facility, for conducting inspections and screening example, x-raying from two or more angles;
of people, baggage (including carry-on items), personal effects,
vehicles and the vehicle's contents; (ii) Prepare to restrict or suspend handling unaccompanied
baggage; or
(10) Ensure vessel personnel are not subjected to screening, of
the person or of personal effects, by other vessel personnel, (iii) Refuse to accept unaccompanied baggage on board;
unless security clearly requires it;
(3) Being prepared to cooperate with responders and facilities;
(11) Conduct screening in a way that takes into full account
individual human rights and preserves the individual's basic (4) Limiting access to the vessel to a single, controlled access
human dignity; point;

(12) Ensure the screening of all unaccompanied baggage; (5) Granting access to only those responding to the security
incident or threat thereof;
(13) Ensure checked persons and their personal effects are
segregated from unchecked persons and their personal effects; (6) Suspending embarkation and/or disembarkation of personnel;

136
(7) Suspending cargo operations; prevent unauthorized access or activities within the area. These
security measures may include:
(8) Evacuating the vessel;
(1) Locking or securing access points;
(9) Moving the vessel; or
(2) Monitoring and using surveillance equipment;
(10) Preparing for a full or partial search of the vessel.
(3) Using guards or patrols; and
[USCG-2006-24196, 72 FR 3580, Jan. 25, 2007]
(4) Using automatic intrusion detection devices, which if used
104.270 Security measures for restricted areas. must activate an audible and/or visual alarm at a location that is
(a) General. The vessel owner or operator must ensure the continuously attended or monitored, to alert vessel personnel to
designation of restricted areas in order to: unauthorized access.

(1) Prevent or deter unauthorized access; (e) MARSEC Level 2. In addition to the security measures
required for MARSEC Level 1 in this section, at MARSEC Level 2,
(2) Protect persons authorized to be on board; the vessel owner or operator must also ensure the
implementation of additional security measures, as specified for
(3) Protect the vessel; MARSEC Level 2 in the approved VSP. These additional security
measures may include:
(4) Protect sensitive security areas within the vessel;
(1) Increasing the frequency and intensity of monitoring and
(5) Protect security and surveillance equipment and systems; and access controls on existing restricted access areas;

(6) Protect cargo and vessel stores from tampering. (2) Restricting access to areas adjacent to access points;

(b) Designation of Restricted Areas. The vessel owner or (3) Providing continuous monitoring of each area, using
operator must ensure restricted areas are designated on board surveillance equipment; and
the vessel, as specified in the approved plan. Restricted areas
must include, as appropriate: (4) Dedicating additional personnel to guard or patrol each area.

(1) Navigation bridge, machinery spaces and other control (f) MARSEC Level 3. In addition to the security measures
stations; required for MARSEC Level 1 and MARSEC Level 2, at MARSEC
Level 3, the vessel owner or operator must ensure the
(2) Spaces containing security and surveillance equipment and implementation of additional security measures, as specified for
systems and their controls and lighting system controls; MARSEC Level 3 in the approved VSP. These additional security
measures may include:
(3) Ventilation and air-conditioning systems and other similar
spaces; (1) Restricting access to additional areas; and

(4) Spaces with access to potable water tanks, pumps, or (2) Searching restricted areas as part of a security sweep of the
manifolds vessel.

(5) Spaces containing dangerous goods or hazardous substances; 104.275 Security measures for handling cargo.
(a) General. The vessel owner or operator must ensure that
(6) Spaces containing cargo pumps and their controls; security measures relating to cargo handling, some of which may
have to be applied in liaison with the facility or another vessel, are
(7) Cargo spaces and spaces containing vessel stores; specified in order to:

(8) Crew accommodations; and (1) Deter tampering;

(9) Any other spaces or areas vital to the security of the vessel. (2) Prevent cargo that is not meant for carriage from being
accepted and stored on board the vessel;
(c) The vessel owner or operator must ensure that security
measures and policies are established to: (3) Identify cargo that is approved for loading onto the vessel;

(1) Identify which vessel personnel are authorized to have access; (4) Include inventory control procedures at access points to the
vessel; and
(2) Determine which persons other than vessel personnel are
authorized to have access; (5) When there are regular or repeated cargo operations with the
same shipper, coordinate security measures with the shipper or
(3) Determine the conditions under which that access may take other responsible party in accordance with an established
place; agreement and procedures.

(4) Define the extent of any restricted area; (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1,
the vessel owner or operator must ensure the implementation of
(5) Define the times when access restrictions apply; and measures to:

(6) Clearly mark all restricted areas and indicate that access to (1) Unless unsafe to do so, routinely check cargo and cargo
the area is restricted and that unauthorized presence within the spaces prior to and during cargo handling for evidence of
area constitutes a breach of security. tampering;

(d) Maritime Security (MARSEC) Level 1. The vessel owner or (2) Check that cargo to be loaded matches the cargo
operator must ensure the implementation of security measures to documentation, or that cargo markings or container numbers

137
match the information provided with shipping documents; the vessel owner or operator must ensure the implementation of
measures to:
(3) Ensure, in liaison with the facility, that vehicles to be loaded on
board car carriers, RO-RO, and passenger ships are subjected to (1) Check vessel stores before being accepted;
screening prior to loading, in accordance with the frequency
required in the VSP; and (2) Check that vessel stores and bunkers match the order prior to
being brought on board or being bunkered; and
(4) Check, in liaison with the facility, seals or other methods used
to prevent tampering. (3) Ensure that vessel stores are controlled or immediately and
securely stowed following delivery.
(c) MARSEC Level 2. In addition to the security measures
required for MARSEC Level 1 in this section, at MARSEC Level 2, (c) MARSEC Level 2. In addition to the security measures
the vessel owner or operator must also ensure the required for MARSEC Level 1 in this section, at MARSEC Level 2,
implementation of additional security measures, as specified for the vessel owner or operator must also ensure the
MARSEC Level 2 in the approved Vessel Security Plan (VSP). implementation of additional security measures, as specified for
These additional security measures may include: MARSEC Level 2 in the approved Vessel Security Plan (VSP).
These additional security measures may include:
(1) Increasing the frequency and detail of checking cargo and
cargo spaces for evidence of tampering; (1) Intensifying inspection of the vessel stores during delivery; or

(2) Intensifying checks to ensure that only the intended cargo, (2) Checking vessel stores prior to receiving them on board.
container, or other cargo transport units are loaded;
(d) MARSEC Level 3. In addition to the security measures for
(3) Intensifying screening of vehicles to be loaded on car-carriers, MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the
RO-RO, and passenger vessels; vessel owner or operator must ensure the implementation of
additional security measures, as specified for MARSEC Level 3 in
(4) In liaison with the facility, increasing frequency and detail in the approved VSP. These additional security measures may
checking seals or other methods used to prevent tampering; include:

(5) Increasing the frequency and intensity of visual and physical (1) Checking all vessel stores more extensively;
inspections; or
(2) Restricting or suspending delivery of vessel stores and
(6) Coordinating enhanced security measures with the shipper or bunkers; or
other responsible party in accordance with an established
agreement and procedures. (3) Refusing to accept vessel stores on board.

(d) MARSEC Level 3. In addition to the security measures for 104.285 Security measures for monitoring.
MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the (a) General.
vessel owner or operator must ensure the implementation of
additional security measures, as specified for MARSEC Level 3 in (1) The vessel owner or operator must ensure the implementation
the approved VSP. These additional security measures may of security measures and have the capability to continuously
include: monitor, through a combination of lighting, watchkeepers, security
guards, deck watches, waterborne patrols, automatic intrusion-
(1) Suspending loading or unloading of cargo; detection devices, or surveillance equipment, as specified in their
approved Vessel Security Plan (VSP), the
(2) Being prepared to cooperate with responders, facilities, and
other vessels; or (i) Vessel;

(3) Verifying the inventory and location of any hazardous (ii) Restricted areas on board the vessel; and
materials carried on board.
(iii) Area surrounding the vessel.
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
68 FR 60514, Oct. 22, 2003] (2) The following must be considered when establishing the
appropriate level and location of lighting:
104.280 Security measures for delivery of vessel stores and
bunkers. (i) Vessel personnel should be able to detect activities on and
(a) General. The vessel owner or operator must ensure that around the vessel, on both the shore side and the waterside;
security measures relating to the delivery of vessel stores and
bunkers are implemented to: (ii) Coverage should facilitate personnel identification at access
points;
(1) Check vessel stores for package integrity;
(iii) Coverage may be provided through coordination with the port
(2) Prevent vessel stores from being accepted without inspection; or facility; and

(3) Deter tampering; and (iv) Lighting effects, such as glare, and its impact on safety,
navigation, and other security activities.
(4) Prevent vessel stores and bunkers from being accepted
unless ordered. For vessels that routinely use a facility, a vessel (b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1,
owner or operator may establish and implement standing the vessel owner or operator must ensure the implementation of
arrangements between the vessel, its suppliers, and a facility security measures, which may be done in coordination with a
regarding notification and the timing of deliveries and their facility, to:
documentation.
(1) Monitor the vessel, particularly vessel access points and
(b) Maritime Security (MARSEC) Level 1. At MARSEC Level 1, restricted areas;

138
(2) Be able to conduct emergency searches of the vessel; maintain critical vessel and vessel-to-facility interface operations,
to include:
(3) Ensure that equipment or system failures or malfunctions are
identified and corrected; (1) Prohibiting entry into affected area;

(4) Ensure that any automatic intrusion detection device sets off (2) Denying access to the vessel, except to those responding to
an audible or visual alarm, or both, at a location that is the emergency;
continuously attended or monitored;
(3) Implementing MARSEC Level 3 security measures throughout
(5) Light deck and vessel access points during the period the vessel;
between sunset and sunrise and periods of limited visibility
sufficiently to allow visual identification of persons seeking access (4) Stopping cargo-handling operations; and
to the vessel; and
(5) Notifying shoreside authorities or other vessels of the
(6) Use maximum available lighting while underway, during the emergency;
period between sunset and sunrise, consistent with safety and
international regulations. (b) Evacuating the vessel in case of security threats or breaches
of security;
(c) MARSEC Level 2. In addition to the security measures
required for MARSEC Level 1 in this section, at MARSEC Level 2, (c) Reporting security incidents as required in 101.305;
the vessel owner or operator must also ensure the
implementation of additional security measures, as specified for (d) Briefing all vessel personnel on possible threats and the need
MARSEC Level 2 in the approved VSP. These additional security for vigilance, soliciting their assistance in reporting suspicious
measures may include: persons, objects, or activities; and

(1) Increasing the frequency and detail of security patrols; (e) Securing non-critical operations in order to focus response on
critical operations.
(2) Increasing the coverage and intensity of lighting, alone or in
coordination with the facility; 104.292 Additional requirements-passenger vessels and
ferries.
(3) Using or increasing the use of security and surveillance (a) At all Maritime Security (MARSEC) Levels, the vessel owner
equipment; or operator must ensure security sweeps are performed, prior to
getting underway, after any period the vessel was unattended.
(4) Assigning additional personnel as security lookouts;
(b) As an alternative to the identification checks and passenger
(5) Coordinating with boat patrols, when provided; and screening requirements in 104.265 (f)(2), (f)(4), and (f)(9), the
owner or operator of a passenger vessel or ferry may ensure
(6) Coordinating with shoreside foot or vehicle patrols, when security measures are implemented that include:
provided.
(1) Searching selected areas prior to embarking passengers and
(d) MARSEC Level 3. In addition to the security measures for prior to sailing; and
MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the
vessel owner or operator must ensure the implementation of (2) Implementing one or more of the following:
additional security measures, as specified for MARSEC Level 3 in
the approved VSP. These additional security measures may (i) Performing routine security patrols;
include:
(ii) Providing additional closed-circuit television to monitor
(1) Cooperating with responders and facilities; passenger areas; or

(2) Switching on all lights; (iii) Securing all non-passenger areas.

(3) Illuminating the vicinity of the vessel; (c) Passenger vessels certificated to carry more than 2000
passengers, working in coordination with the terminal, may be
(4) Switching on all surveillance equipment capable of recording subject to additional vehicle screening requirements in
activities on, or in the vicinity of, the vessel; accordance with a MARSEC Directive or other orders issued by
the Coast Guard.
(5) Maximizing the length of time such surveillance equipment can
continue to record; (d) Owners and operators of passenger vessels and ferries
covered by this part that use public access facilities, as that term
(6) Preparing for underwater inspection of the hull; and is defined in 101.105 of this subchapter, must address security
measures for the interface of the vessel and the public access
(7) Initiating measures, including the slow revolution of the facility, in accordance with the appropriate Area Maritime Security
vessel's propellers, if practicable, to deter underwater access to Plan.
the hull of the vessel.
(e) At MARSEC Level 2, a vessel owner or operator must ensure,
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at in addition to MARSEC Level 1 measures, the implementation of
68 FR 60514, Oct. 22, 2003] the following:

104.290 Security incident procedures. (1) Search selected areas prior to embarking passengers and
For each Maritime Security (MARSEC) Level, the vessel owner or prior to sailing;
operator must ensure the Vessel Security Officer (VSO) and
vessel security personnel are able to: (2) Passenger vessels certificated to carry less than 2000
passengers, working in coordination with the terminal, may be
(a) Respond to security threats or breaches of security and subject to additional vehicle screening requirements in

139
accordance with a MARSEC Directive or other orders issued by (b) A single VSA may be performed and applied to more than one
the Coast Guard; and vessel to the extent that they share physical characteristics and
operations.
(3) As an alternative to the identification and screening
requirements in 104.265(f)(4) and (g)(1), intensify patrols, (c) Third parties may be used in any aspect of the VSA if they
security sweeps and monitoring identified in paragraph (b) of this have the appropriate skills and if the Company Security Officer
section. (CSO) reviews and accepts their work.

(f) At MARSEC Level 3, a vessel owner or operator may, in (d) Those involved in a VSA should be able to draw upon expert
addition to MARSEC Levels 1 and 2 measures, as an alternative assistance in the following areas:
to the identification checks and passenger screening
requirements in 104.265(f)(4) and (h)(1), ensure that random (1) Knowledge of current security threats and patterns;
armed security patrols are conducted, which need not consist of
vessel personnel. (2) Recognition and detection of dangerous substances and
devices;
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
68 FR 60514, Oct. 22, 2003; USCG-2008-0179, 73 FR 35009, (3) Recognition of characteristics and behavioral patterns of
June 19, 2008] persons who are likely to threaten security;

104.295 Additional requirements-cruise ships. (4) Techniques used to circumvent security measures;
(a) At all MARSEC Levels, the owner or operator of a cruise ship
must ensure the following: (5) Methods used to cause a security incident;

(1) Screen all persons, baggage, and personal effects for (6) Effects of dangerous substances and devices on vessel
dangerous substances and devices; structures and equipment;

(2) Check the identification of all persons seeking to board the (7) Vessel security requirements;
vessel; this check includes confirming the reason for boarding by
examining joining instructions, passenger tickets, boarding (8) Vessel-to-vessel activity and vessel-to-facility interface
passes, government identification or visitor badges, or work business practices;
orders;
(9) Contingency planning, emergency preparedness and
(3) Perform security patrols; and response;

(4) Search selected areas prior to embarking passengers and (10) Physical security requirements;
prior to sailing.
(11) Radio and telecommunications systems, including computer
(b) At MARSEC Level 3, the owner or operator of a cruise ship systems and networks;
must ensure that security briefs to passengers about the specific
threat are provided. (12) Marine engineering; and

104.297 Additional requirements-vessels on international (13) Vessel and port operations.


voyages.
(a) An owner or operator of a U.S. flag vessel, which is subject to [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
the International Convention for Safety of Life at Sea, 1974, 68 FR 60515, Oct. 22, 2003]
(SOLAS), must be in compliance with the applicable requirements
of SOLAS Chapter XI-1, SOLAS Chapter XI-2 and the ISPS Code, 104.305 Vessel Security Assessment (VSA) requirements.
part A (Incorporated by reference, see 101.115 of this (a) Background. The vessel owner or operator must ensure that
subchapter). the following background information is provided to the person or
persons who will conduct the on-scene survey and assessment:
(b) Owners or operators of U.S. flag vessels that are required to
comply with SOLAS, must ensure an International Ship Security (1) General layout of the vessel, including the location of:
Certificate (ISSC) as provided in 46 CFR 2.01-25 is obtained for
the vessel. This certificate must be issued by the Coast Guard. (i) Each actual or potential point of access to the vessel and its
function;
(c) Owners or operators of vessels that require an ISSC in
paragraph (b) of this section must request an inspection in writing, (ii) Spaces that should have restricted access;
at least 30 days prior to the desired inspection date to the Officer
in Charge, Marine Inspection for the Marine Inspection Office or (iii) Essential maintenance equipment;
Sector Office of the port where the vessel will be inspected to
verify compliance with this part and applicable SOLAS (iv) Cargo spaces and storage;
requirements. The inspection must be completed and the initial
ISSC must be issued on or before July 1, 2004. (v) Storage of unaccompanied baggage; and

[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at (vi) Vessel stores;


68 FR 60515, Oct. 22, 2003; USCG-2006-25556, 72 FR 36328,
July 2, 2007] (2) Threat assessments, including the purpose and methodology
of the assessment, for the area or areas in which the vessel
Subpart C-Vessel Security Assessment (VSA) operates or at which passengers embark or disembark;

104.300 General. (3) The previous VSA, if any;


(a) The Vessel Security Assessment (VSA) is a written document
that is based on the collection of background information and the (4) Emergency and stand-by equipment available to maintain
completion and analysis of an on-scene survey. essential services;

140
(5) Number of vessel personnel and any existing security duties to (3) Security supervision of vessel personnel, passengers, visitors,
which they are assigned; vendors, repair technicians, dock workers, etc.;

(6) Existing personnel training requirement practices of the vessel; (4) Frequency and effectiveness of security patrols;

(7) Existing security and safety equipment for the protection of (5) Access control systems, including identification systems;
personnel, visitors, passengers, and vessels personnel;
(6) Security communication systems and procedures;
(8) Escape and evacuation routes and assembly stations that
have to be maintained to ensure the orderly and safe emergency (7) Security doors, barriers, and lighting;
evacuation of the vessel;
(8) Any security and surveillance equipment and systems;
(9) Existing agreements with private security companies providing
waterside or vessel security services; and (9) Possible security threats, including but not limited to:

(10) Existing security measures and procedures, including: (i) Damage to or destruction of the vessel or an interfacing facility
or vessel by dangerous substances and devices, arson, sabotage,
(i) Inspection and control procedures; or vandalism;

(ii) Identification systems; (ii) Hijacking or seizure of the vessel or of persons on board;

(iii) Surveillance and monitoring equipment; (iii) Tampering with cargo, essential vessel equipment or systems,
or vessel stores;
(iv) Personnel identification documents;
(iv) Unauthorized access or use, including presence of stowaways;
(v) Communication systems;
(v) Smuggling dangerous substances and devices;
(vi) Alarms;
(vi) Use of the vessel to carry those intending to cause a security
(vii) Lighting; incident and/or their equipment;

(viii) Access control systems; and (vii) Use of the vessel itself as a weapon or as a means to cause
damage or destruction;
(ix) Other security systems.
(viii) Attacks from seaward while at berth or at anchor; and
(b) On-scene survey. The vessel owner or operator must ensure
that an on-scene survey of each vessel is conducted. The on- (ix) Attacks while at sea; and
scene survey is to verify or collect information required in
paragraph (a) of this section. It consists of an actual survey that (10) Evaluating the potential of each identified point of access,
examines and evaluates existing vessel protective measures, including open weather decks, for use by individuals who might
procedures, and operations for: seek to breach security, whether or not those individuals
legitimately have access to the vessel.
(1) Ensuring performance of all security duties;
(d) VSA report.
(2) Controlling access to the vessel, through the use of
identification systems or otherwise; (1) The vessel owner or operator must ensure that a written VSA
report is prepared and included as part of the VSP. The VSA
(3) Controlling the embarkation of vessel personnel and other report must contain:
persons and their effects, including personal effects and baggage
whether accompanied or unaccompanied; (i) A summary of how the on-scene survey was conducted;

(4) Supervising the handling of cargo and the delivery of vessel (ii) Existing security measures, procedures, and operations;
stores;
(iii) A description of each vulnerability found during the
(5) Monitoring restricted areas to ensure that only authorized assessment;
persons have access;
(iv) A description of security countermeasures that could be used
(6) Monitoring deck areas and areas surrounding the vessel; and to address each vulnerability;

(7) The ready availability of security communications, information, (v) A list of the key vessel operations that are important to protect;
and equipment.
(vi) The likelihood of possible threats to key vessel operations;
(c) Analysis and recommendations. In conducting the VSA, the and
Company Security Officer (CSO) must analyze the vessel
background information and the on-scene survey, and while (vii) A list of identified weaknesses, including human factors, in
considering the requirements of this part, provide the infrastructure, policies, and procedures of the vessel.
recommendations for the security measures the vessel should
include in the Vessel Security Plan (VSP). This includes but is not (2) The VSA report must address the following elements on board
limited to the following: or within the vessel:

(1) Restricted areas; (i) Physical security;

(2) Response procedures for fire or other emergency conditions; (ii) Structural integrity;

141
(iii) Personnel protection systems; [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
68 FR 60515, Oct. 22, 2003]
(iv) Procedural policies;
104.310 Submission requirements.
(v) Radio and telecommunication systems, including computer (a) A completed Vessel Security Assessment (VSA) report must
systems and networks; and be submitted with the Vessel Security Plan (VSP) required in
104.410 of this part.
(vi) Other areas that may, if damaged or used illicitly, pose a risk
to people, property, or operations on board the vessel or within a (b) A vessel owner or operator may generate and submit a report
facility. that contains the VSA for more than one vessel subject to this
part, to the extent that they share similarities in physical
(3) The VSA report must list the persons, activities, services, and characteristics and operations.
operations that are important to protect, in each of the following
categories: (c) The VSA must be reviewed and revalidated, and the VSA
report must be updated, each time the VSP is submitted for
(i) Vessel personnel; reapproval or revisions.

(ii) Passengers, visitors, vendors, repair technicians, facility [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
personnel, etc.; 68 FR 60515, Oct. 22, 2003]

(iii) Capacity to maintain safe navigation and emergency response; Subpart D-Vessel Security Plan (VSP)
(iv) Cargo, particularly dangerous goods and hazardous 104.400 General.
substances; (a) The Company Security Officer (CSO) must ensure a Vessel
Security Plan (VSP) is developed and implemented for each
(v) Vessel stores; vessel. The VSP:

(vi) Any vessel security communication and surveillance systems; (1) Must identify the CSO and VSO by name or position and
and provide 24-hour contact information;

(vii) Any other vessel security systems, if any. (2) Must be written in English, although a translation of the VSP in
the working language of vessel personnel may also be developed;
(4) The VSA report must account for any vulnerabilities in the
following areas: (3) Must address each vulnerability identified in the Vessel
Security Assessment (VSA);
(i) Conflicts between safety and security measures;
(4) Must describe security measures for each MARSEC Level;
(ii) Conflicts between vessel duties and security assignments;
(5) Must state the Master's authority as described in 104.205;
(iii) The impact of watch-keeping duties and risk of fatigue on and
vessel personnel alertness and performance;
(6) May cover more than one vessel to the extent that they share
(iv) Security training deficiencies; and similarities in physical characteristics and operations, if authorized
and approved by the Commanding Officer, Marine Safety Center.
(v) Security equipment and systems, including communication
systems. (b) The VSP must be submitted to the Commanding Officer,
Marine Safety Center, U.S. Coast Guard, 4200 Wilson Boulevard
(5) The VSA report must discuss and evaluate key vessel Suite 400, Arlington, VA 22203 for visitors. Send all mail to:
measures and operations, including: Commanding Officer (MSC), Attn: Marine Safety Center, U.S.
Coast Guard Stop 7410, 4200 Wilson Boulevard Suite 400,
(i) Ensuring performance of all security duties; Arlington, VA 20598-7410, in a written or electronic format.
Information for submitting the VSP electronically can be found at
(ii) Controlling access to the vessel, through the use of http://www.uscg.mil/HQ/MSC. Owners or operators of foreign flag
identification systems or otherwise; vessels that are subject to SOLAS Chapter XI-1 or Chapter XI-2
must comply with this part by carrying on board a valid
(iii) Controlling the embarkation of vessel personnel and other International Ship Security Certificate that certifies that the
persons and their effects (including personal effects and baggage verifications required by Section 19.1 of part A of the ISPS Code
whether accompanied or unaccompanied); (Incorporated by reference, see 101.115 of this subchapter)
have been completed. As stated in Section 9.4 of the ISPS Code,
(iv) Supervising the handling of cargo and the delivery of vessel part A requires that, in order for the ISSC to be issued, the
stores; provisions of part B of the ISPS Code need to be taken into
account.
(v) Monitoring restricted areas to ensure that only authorized
persons have access; (c) The VSP is sensitive security information and must be
protected in accordance with 49 CFR part 1520.
(vi) Monitoring deck areas and areas surrounding the vessel; and
(d) If the VSP is kept in an electronic format, procedures must be
(vii) The ready availability of security communications, information, in place to prevent its unauthorized deletion, destruction, or
and equipment. amendment.

(e) The VSA must be documented and the VSA report retained by [USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
the vessel owner or operator with the VSP. The VSA, the VSA 68 FR 60515, Oct. 22, 2003; USCG-2004-18057, 69 FR 34925,
report, and VSP must be protected from unauthorized access or June 23, 2004; USCG-2007-26953, 72 FR 5931, Feb. 8, 2007;
disclosure. USCG-2010-0351, 75 FR 36282, June 25, 2010; USCG-2014-

142
0410, 79 FR 38432, July 7, 2014] (1) Approve it and specify any conditions of approval, returning to
the submitter a letter stating its acceptance and any conditions;
104.405 Format of the Vessel Security Plan (VSP).
(a) A vessel owner or operator must ensure that the VSP consists
(2) Return it for revision, returning a copy to the submitter with
of the individual sections listed in this paragraph (a). If the VSP
brief descriptions of the required revisions; or
does not follow the order as it appears in the list, the vessel owner
or operator must ensure that the VSP contains an index
(3) Disapprove it, returning a copy to the submitter with a brief
identifying the location of each of the following sections:
statement of the reasons for disapproval.
(1) Security organization of the vessel;
(d) A VSP may be submitted and approved to cover more than
one vessel where the vessel design and operations are similar.
(2) Personnel training;
(e) Each company or vessel, owner or operator, that submits one
(3) Drills and exercises;
VSP to cover two or more vessels of similar design and operation
must address vessel-specific information that includes the
(4) Records and documentation;
physical and operational characteristics of each vessel.
(5) Response to change in MARSEC Level;
(f) A plan that is approved by the MSC is valid for 5 years from the
date of its approval.
(6) Procedures for interfacing with facilities and other vessels;
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended at
(7) Declarations of Security (DoS);
68 FR 60515, Oct. 22, 2003; USCG-2004-19963, 70 FR 74669,
Dec. 16, 2005; USCG-2013-0397, 78 FR 39173, July 1, 2013]
(8) Communications;
104.415 Amendment and audit.
(9) Security systems and equipment maintenance;
(a) Amendments.
(10) Security measures for access control, including designated
(1) Amendments to a Vessel Security Plan that are approved by
passenger access areas and employee access areas;
the Marine Safety Center (MSC) may be initiated by:
(11) Security measures for restricted areas;
(i) The vessel owner or operator; or
(12) Security measures for handling cargo;
(ii) The Coast Guard upon a determination that an amendment is
needed to maintain the vessel's security. The Coast Guard will
(13) Security measures for delivery of vessel stores and bunkers;
give the vessel owner or operator written notice and request that
the vessel owner or operator propose amendments addressing
(14) Security measures for monitoring;
any matters specified in the notice. The company owner or
operator will have at least 60 days to submit its proposed
(15) Security incident procedures;
amendments. Until amendments are approved, the company
owner or operator shall ensure temporary security measures are
(16) Audits and Vessel Security Plan (VSP) amendments; and
implemented to the satisfaction of the Coast Guard.
(17) Vessel Security Assessment (VSA) Report.
(2) Proposed amendments must be sent to the MSC at the
address shown in 104.400(b) of this part. If initiated by the
(b) The VSP must describe in detail how the requirements of
company or vessel, owner or operator, the proposed amendment
subpart B of this part will be met. VSPs that have been approved
must be submitted at least 30 days before the amendment is to
by the Coast Guard prior to March 26, 2007, do not need to be
take effect unless the MSC allows a shorter period. The MSC will
amended to describe their TWIC procedures until the next
approve or disapprove the proposed amendment in accordance
regularly scheduled resubmission of the VSP.
with 104.410 of this part.
[USCG-2003-14749, 68 FR 39302, July 1, 2003, as amended by
(3) Nothing in this section should be construed as limiting the
USCG-2006-24196, 72 FR 3582, Jan. 25, 2007]
vessel owner or operator from the timely implementation of such
additional security measures not enumerated in the approved
104.410 Submission and approval.
VSP as necessary to address exigent security situations. In such
(a) In accordance with 104.115, on or before December 31,
cases, the owner or operator must notify the MSC by the most
2003, each vessel owner or operator must either:
rapid means practicable as to the nature of the additional
measures, the circumstances that prompted these additional
(1) Submit one copy of their Vessel Security Plan (VSP), in
measures, and the period of time these additional measures are
English, for review and approval to the Commanding Officer,
expected to be in place.
Marine Safety Center (MSC) and a letter certifying that the VSP
meets applicable requirements of this part; or
(4) If the owner or operator has changed, the Vessel Security
Officer (VSO) must amend the Vessel Security Plan (VSP) to
(2) If intending to operate under an Approved Alternative Security
include the name and contact information of the new vessel
Program, a letter signed by the vessel owner or operator stating
owner or operator and submit the affected portion of the VSP for
which approved Alternative Security Program the owner or
review and approval in accordance with 104.410 of this part.
operator intends to use.
(b) Audits.
(b) Owners or operators of vessels not in service on or before
(1) The CSO or VSO must ensure an audit of the VSP is
December 31, 2003, must comply with the requirements in
performed annually, beginning no later than one year from the
paragraph (a) of this section 60 days prior to beginning operations
initial date of approval and attach a letter to the VSP certifying
or by December 31, 2003, whichever is later.
that the VSP meets the applicable requirements of this part.
(c) The Commanding Officer, Marine Safety Center (MSC), will
(2) The VSP must be audited if there is a change in the
examine each submission for compliance with this part, and either:
company's or vessel's ownership or operator, or if there have

143
been modifications to the vessel, including but not limited to inspections, and control and monitoring techniques;
physical structure, emergency response procedures, security
measures, or operations. (ii) Not have regularly assigned security duties; and

(3) Auditing the VSP as a result of modifications to the vessel may (iii) Be independent of any security measures being audited.
be limited to those sections of the VSP affected by the vessel
modifications. (5) If the results of an audit require amendment of either the VSA
or VSP, the VSO or CSO must submit, in accordance with
(4) Unless impracticable due to the size and nature of the 104.410 of this part, the amendments to the MSC for review and
company or the vessel, personnel conducting internal audits of approval no later than 30 days after completion of the audit and a
the security measures specified in the VSP or evaluating its letter certifying that the amended VSP meets the applicable
implementation must: requirements of this part.

(i) Have knowledge of methods of conducting audits and [USCG-2003-14749, 68 FR 39302, July 1, 2003; 68 FR 41915,
July 16, 2003, as amended at 68 FR 60515, Oct. 22, 2003]

144
PART 105-MARITIME SECURITY: FACILITIES
Table of Contents Except as specifically stated in this subpart, the definitions in part
101 of this subchapter apply to this part.
Subpart A-General
105.105 Applicability.
Sec. (a) The requirements in this part apply to the owner or operator of
105.100 Definitions. any U.S.:
105.105 Applicability.
105.106 Public access areas. (1) Facility subject to 33 CFR parts 126, 127, or 154;
105.110 Exemptions.
105.115 Compliance dates. (2) Facility that receives vessels certificated to carry more than
105.120 Compliance documentation. 150 passengers, except those vessels not carrying and not
105.125 Noncompliance. embarking or disembarking passengers at the facility;
105.130 Waivers.
105.135 Equivalents. (3) Facility that receives vessels subject to the International
105.140 Alternative Security Program. Convention for Safety of Life at Sea, 1974, chapter XI;
105.145 Maritime Security (MARSEC) Directive.
105.150 Right to appeal. (4) Facility that receives foreign cargo vessels greater than 100
gross register tons;
Subpart B-Facility Security Requirements
(5) Facility that receives U.S. cargo vessels, greater than 100
105.200 Owner or operator. gross register tons, subject to 46 CFR chapter I, subchapter I,
105.205 Facility Security Officer (FSO). except for those facilities that receive only commercial fishing
105.210 Facility personnel with security duties. vessels inspected under 46 CFR part 105; or
105.215 Security training for all other facility personnel.
105.220 Drill and exercise requirements. (6) Barge fleeting facility that receives barges carrying, in bulk,
105.225 Facility recordkeeping requirements. cargoes regulated by 46 CFR chapter I, subchapters D or O, or
105.230 Maritime Security (MARSEC) Level coordination and Certain Dangerous Cargoes.
implementation.
105.235 Communications. (b) An owner or operator of any facility not covered in paragraph
105.240 Procedures for interfacing with vessels. (a) of this section is subject to parts 101 through 103 of this
105.245 Declaration of Security (DoS). subchapter.
105.250 Security systems and equipment maintenance.
105.255 Security measures for access control. (c) This part does not apply to the owner or operator of the
105.260 Security measures for restricted areas. following U.S. facilities:
105.265 Security measures for handling cargo.
105.270 Security measures for delivery of vessel stores and (1) A facility owned or operated by the U.S. that is used primarily
bunkers. for military purposes.
105.275 Security measures for monitoring.
105.280 Security incident procedures. (2) An oil and natural gas production, exploration, or development
105.285 Additional requirements-passenger and ferry facilities. facility regulated by 33 CFR parts 126 or 154 if:
105.290 Additional requirements-cruise ship terminals.
105.295 Additional requirements-Certain Dangerous Cargo (i) The facility is engaged solely in the exploration, development,
(CDC) facilities. or production of oil and natural gas; and
105.296 Additional requirements-barge fleeting facilities.
(ii) The facility does not meet or exceed the operating conditions
Subpart C-Facility Security Assessment (FSA) in 106.105 of this subchapter;
105.300 General.
(3) A facility that supports the production, exploration, or
105.305 Facility Security Assessment (FSA) requirements.
development of oil and natural gas regulated by 33 CFR parts 126
105.310 Submission requirements.
or 154 if:
Subpart D-Facility Security Plan (FSP) (i) The facility is engaged solely in the support of exploration,
105.400 General. development, or production of oil and natural gas and transports
105.405 Format and content of the Facility Security Plan (FSP). or stores quantities of hazardous materials that do not meet or
105.410 Submission and approval. exceed those specified in 49 CFR 172.800(b)(1) through (b)(6); or
105.415 Amendment and audit.
(ii) The facility stores less than 42,000 gallons of cargo regulated
Appendix A to part 105-Facility Vulnerability and Security by 33 CFR part 154;
Measure Summary (CG-6025).
(4) A mobile facility regulated by 33 CFR part 154; or
Authority:33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C. 191;
33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of (5) An isolated facility that receives materials regulated by 33
Homeland Security Delegation No. 0170.1. CFR parts 126 or 154 by vessel due to the lack of road access to
the facility and does not distribute the material through secondary
Source:USCG-2003-14732, 68 FR 39322, July 1, 2003, unless marine transfers.
otherwise noted.
______________________________________________________________________ (d) The TWIC requirements found in this part do not apply to
mariners employed aboard vessels moored at U.S. facilities only
Subpart A-General when they are working immediately adjacent to their vessels in
the conduct of vessel activities.
105.100 Definitions.

145
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at (2) If intending to operate under an approved Alternative Security
68 FR 60541, Oct. 22, 2003; USCG-2006-24196, 72 FR 55048, Program, a letter signed by the facility owner or operator stating
Sept. 28, 2007] which approved Alternative Security Program the owner or
operator intends to use.
105.106 Public access areas.
(a) A facility serving ferries or passenger vessels certificated to (b) On or before July 1, 2004, each facility owner or operator must
carry more than 150 passengers, other than cruise ships, may be operating in compliance with this part.
designate an area within the facility as a public access area.
(c) Facility owners or operators wishing to designate only those
(b) A public access area is a defined space within a facility that is portions of their facility that are directly connected to maritime
open to all persons and provides pedestrian access through the transportation or are at risk of being involved in a transportation
facility from public thoroughfares to the vessel. security incident as their secure area(s) must do so by submitting
an amendment to their Facility Security Plan to their cognizant
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at COTP, in accordance with 105.415 of this part, by September 4,
68 FR 60540, Oct. 22, 2003] 2007.

105.110 Exemptions. (d) Persons required to obtain a TWIC under this part may enroll
(a) An owner or operator of any barge fleeting facility subject to beginning after the date set by the Coast Guard in a Notice to be
this part is exempt from complying with 105.265, Security published in the Federal Register. This notice will be directed to
measures for handling cargo; and 105.270, Security measures all facilities and vessels within a specific COTP zone.
for delivery of vessel stores and bunkers.
(e) Facility owners or operators must be operating in accordance
(b) A public access area designated under 105.106 is exempt with the TWIC provisions in this part by the date set by the Coast
from the requirements for screening of persons, baggage, and Guard in a Notice to be published in the Federal Register. This
personal effects and identification of persons in 105.255(c), Notice will be published at least 90 days before compliance must
(e)(1), (e)(3), (f)(1), and (g)(1) and 105.285(a)(1). begin, and will be directed to all facilities within a specific Captain
of the Port zone, based on whether enrollment has been
(c) An owner or operator of any general shipyard facility as completed in that zone. Unless an earlier compliance date is
defined in 101.105 is exempt from the requirements of this part specified in this manner, all facility owner or operators will need to
unless the facility: implement their TWIC provisions no later than April 15, 2009.

(1) Is subject to parts 126, 127, or 154 of this chapter; or [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
68 FR 60540, Oct. 22, 2003; USCG-2004-19963, 70 FR 74669,
(2) Provides any other service to vessels subject to part 104 of Dec. 16, 2005; USCG-2006-24196, 72 FR 3582, Jan. 25, 2007;
this subchapter not related to construction, repair, rehabilitation, 72 FR 38486, July 13, 2007; 73 FR 25565, May 7, 2008]
refurbishment, or rebuilding.
105.120 Compliance documentation.
(d) Public access facility. Each facility owner or operator subject to this part must ensure,
on or before July 1, 2004, that copies of the following
(1) The COTP may exempt a public access facility from the documentation are available at the facility and are made available
requirements of this part, including establishing conditions for to the Coast Guard upon request:
which such an exemption is granted, to ensure that adequate
security is maintained. (a) The approved Facility Security Plan (FSP), as well as any
approved revisions or amendments thereto, and a letter of
(2) The owner or operator of any public access facility exempted approval from the COTP dated within the last 5 years;
under this section must:
(b) The FSP submitted for approval and an acknowledgement
(i) Comply with any COTP conditions for the exemption; and letter from the COTP stating that the Coast Guard is currently
reviewing the FSP submitted for approval, and that the facility
(ii) Ensure that the cognizant COTP has the appropriate may continue to operate so long as the facility remains in
information for contacting the individual with security compliance with the submitted FSP; or
responsibilities for the public access facility at all times.
(c) For facilities operating under a Coast Guard-approved
(3) The cognizant COTP may withdraw the exemption for a public Alternative Security Program as provided in 105.140, a copy of
access facility at any time the owner or operator fails to comply the Alternative Security Program the facility is using, including a
with any requirement of the COTP as a condition of the exemption facility specific security assessment report generated under the
or any measure ordered by the COTP pursuant to existing COTP Alternative Security Program, as specified in 101.120(b)(3) of
authority. this subchapter, and a letter signed by the facility owner or
operator, stating which Alternative Security Program the facility is
(e) An owner or operator of a facility is not subject to this part if using and certifying that the facility is in full compliance with that
the facility receives only vessels to be laid-up, dismantled, or program.
otherwise placed out of commission provided that the vessels are
not carrying and do not receive cargo or passengers at that facility. [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
68 FR 60541, Oct. 22, 2003]
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
68 FR 60540, Oct. 22, 2003] 105.125 Noncompliance.
When a facility must temporarily deviate from the requirements of
105.115 Compliance dates. this part, the facility owner or operator must notify the cognizant
(a) On or before December 31, 2003, facility owners or operators COTP, and either suspend operations or request and receive
must submit to the cognizant COTP for each facility permission from the COTP to continue operating.

(1) The Facility Security Plan described in subpart D of this part [USCG-2003-14732, 68 FR 60541, Oct. 22, 2003]
for review and approval; or
105.130 Waivers.

146
Any facility owner or operator may apply for a waiver of any (6) Ensure that the TWIC program is properly implemented as set
requirement of this part that the facility owner or operator forth in this part, including:
considers unnecessary in light of the nature or operating
conditions of the facility, prior to operating. A request for a waiver (i) Ensuring that only individuals who hold a TWIC and are
must be submitted in writing with justification to the Commandant authorized to be in the secure area in accordance with the FSP
(CG-5P), Attn: Assistant Commandant for Prevention Policy, U.S. are permitted to escort;
Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7501. The Commandant (CG-5P) may (ii) Identifying what action is to be taken by an escort, or other
require the facility owner or operator to provide data for use in authorized individual, should individuals under escort engage in
determining the validity of the requested waiver. The activities other than those for which escorted access was granted;
Commandant (CG-5P) may grant, in writing, a waiver with or and
without conditions only if the waiver will not reduce the overall
security of the facility, its employees, visiting vessels, or ports. (iii) Notifying facility employees, and passengers if applicable, of
what parts of the facility are secure areas and public access areas,
[USCG-2003-14732, 68 FR 39322, July 1, 2003; 68 FR 41916, as applicable, and ensuring such areas are clearly marked.
July 16, 2003; USCG-2008-0179, 73 FR 35009, June 19, 2008;
USCG-2010-0351, 75 FR 36282, June 25, 2010; USCG-2013- (7) Ensure that restricted areas are controlled and TWIC
0397, 78 FR 39173, July 1, 2013; USCG-2014-0410, 79 FR provisions are coordinated, if applied to such restricted areas;
38432, July 7, 2014]
(8) Ensure that adequate coordination of security issues takes
105.135 Equivalents. place between the facility and vessels that call on it, including the
For any measure required by this part, the facility owner or execution of a Declaration of Security (DoS) as required by this
operator may propose an equivalent as provided in 101.130 of part;
this subchapter.
(9) Ensure coordination of shore leave for vessel personnel or
105.140 Alternative Security Program. crew change-out, as well as access through the facility for visitors
(a) A facility owner or operator may use an Alternative Security to the vessel (including representatives of seafarers' welfare and
Program approved under 101.120 of this subchapter if: labor organizations), with vessel operators in advance of a
vessel's arrival. In coordinating such leave, facility owners or
(1) The Alternative Security Program is appropriate to that facility; operators may refer to treaties of friendship, commerce, and
navigation between the U.S. and other nations;
(2) The Alternative Security Program is implemented in its entirety.
(10) Ensure, within 12 hours of notification of an increase in
(b) A facility owner or operator using an Alternative Security MARSEC Level, implementation of the additional security
Program approved under 101.120 of this subchapter must measures required for the new MARSEC Level;
complete and submit to the cognizant COTP a Facility
Vulnerability and Security Measures Summary (Form CG-6025) in (11) Ensure security for unattended vessels moored at the facility;
appendix A to part 105-Facility Vulnerability and Security (CG-
6025). (12) Ensure the report of all breaches of security and
transportation security incidents to the National Response Center
105.145 Maritime Security (MARSEC) Directive. in accordance with part 101 of this chapter;
Each facility owner or operator subject to this part must comply
with any instructions contained in a MARSEC Directive issued (13) Ensure consistency between security requirements and
under 101.405 of this subchapter. safety requirements;

105.150 Right to appeal. (14) Inform facility personnel of their responsibility to apply for and
Any person directly affected by a decision or action taken under maintain a TWIC, including the deadlines and methods for such
this part, by or on behalf of the Coast Guard, may appeal as applications, and of their obligation to inform TSA of any event
described in 101.420 of this subchapter. that would render them ineligible for a TWIC, or which would
invalidate their existing TWIC;
Subpart B-Facility Security Requirements
(15) Ensure that protocols consistent with section 105.255(c) of
105.200 Owner or operator. this part, for dealing with individuals requiring access who report a
(a) Each facility owner or operator must ensure that the facility lost, damaged, or stolen TWIC, or who have applied for and not
operates in compliance with the requirements of this part. yet received a TWIC, are in place; and

(b) For each facility, the facility owner or operator must: (16) If applicable, ensure that protocols consistent with 105.257
of this part, for dealing with newly hired employees who have
(1) Define the security organizational structure and provide each applied for and not yet received a TWIC, are in place.
person exercising security duties and responsibilities within that
structure the support needed to fulfill those obligations; [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
68 FR 60541, Oct. 22, 2003; USCG-2006-24196, 72 FR 3582,
(2) Designate, in writing, by name or by title, a Facility Security Jan. 25, 2007; USCG-2013-0397, 78 FR 39173, July 1, 2013]
Officer (FSO) and identify how the officer can be contacted at any
time; 105.205 Facility Security Officer (FSO).
(a) General.
(3) Ensure that a Facility Security Assessment (FSA) is conducted;
(1) The FSO may perform other duties within the owner's or
(4) Ensure the development and submission for approval of an operator's organization, provided he or she is able to perform the
FSP; duties and responsibilities required of the FSO.

(5) Ensure that the facility operates in compliance with the (2) The same person may serve as the FSO for more than one
approved FSP; facility, provided the facilities are in the same COTP zone and are

147
not more than 50 miles apart. If a person serves as the FSO for (1) Ensure that the Facility Security Assessment (FSA) is
more than one facility, the name of each facility for which he or conducted;
she is the FSO must be listed in the Facility Security Plan (FSP)
of each facility for which or she is the FSO. (2) Ensure the development and implementation of a FSP;

(3) The FSO may assign security duties to other facility personnel; (3) Ensure that an annual audit is conducted, and if necessary
however, the FSO retains the responsibility for these duties. that the FSA and FSP are updated;

(4) The FSO must maintain a TWIC. (4) Ensure the FSP is exercised per 105.220 of this part;

(b) Qualifications. (5) Ensure that regular security inspections of the facility are
conducted;
(1) The FSO must have general knowledge, through training or
equivalent job experience, in the following: (6) Ensure the security awareness and vigilance of the facility
personnel;
(i) Security organization of the facility;
(7) Ensure adequate training to personnel performing facility
(ii) General vessel and facility operations and conditions; security duties;

(iii) Vessel and facility security measures, including the meaning (8) Ensure that occurrences that threaten the security of the
and the requirements of the different MARSEC Levels; facility are recorded and reported to the owner or operator;

(iv) Emergency preparedness, response, and contingency (9) Ensure the maintenance of records required by this part;
planning;
(10) Ensure the preparation and the submission of any reports as
(v) Security equipment and systems, and their operational required by this part;
limitations; and
(11) Ensure the execution of any required Declarations of Security
(vi) Methods of conducting audits, inspections, control, and with Masters, Vessel Security Officers or their designated
monitoring techniques. representatives;

(2) In addition to knowledge and training required in paragraph (12) Ensure the coordination of security services in accordance
(b)(1) of this section, the FSO must have knowledge of and with the approved FSP;
receive training in the following, as appropriate:
(13) Ensure that security equipment is properly operated, tested,
(i) Relevant international laws and codes, and recommendations; calibrated, and maintained;

(ii) Relevant government legislation and regulations; (14) Ensure the recording and reporting of attainment changes in
MARSEC Levels to the owner or operator and the cognizant
(iii) Responsibilities and functions of local, State, and Federal law COTP;
enforcement agencies;
(15) When requested, ensure that the Vessel Security Officers
(iv) Security assessment methodology; receive assistance in confirming the identity of visitors and service
providers seeking to board the vessel through the facility;
(v) Methods of facility security surveys and inspections;
(16) Ensure notification, as soon as possible, to law enforcement
(vi) Instruction techniques for security training and education, personnel and other emergency responders to permit a timely
including security measures and procedures; response to any transportation security incident;

(vii) Handling sensitive security information and security related (17) Ensure that the FSP is submitted to the cognizant COTP for
communications; approval, as well as any plans to change the facility or facility
infrastructure prior to amending the FSP; and
(viii) Current security threats and patterns;
(18) Ensure that all facility personnel are briefed of changes in
(ix) Recognizing and detecting dangerous substances and security conditions at the facility.
devices;
(19) Ensure the TWIC program is being properly implemented.
(x) Recognizing characteristics and behavioral patterns of
persons who are likely to threaten security; [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
68 FR 60541, Oct. 22, 2003; USCG-2006-24196, 72 FR 3583,
(xi) Techniques used to circumvent security measures; Jan. 25, 2007]

(xii) Conducting physical searches and non-intrusive inspections; 105.210 Facility personnel with security duties.
Facility personnel responsible for security duties must maintain a
(xiii) Conducting security drills and exercises, including exercises TWIC, and must have knowledge, through training or equivalent
with vessels; and job experience, in the following, as appropriate:

(xiv) Assessing security drills and exercises. (a) Knowledge of current security threats and patterns;

(xv) Knowledge of TWIC requirements. (b) Recognition and detection of dangerous substances and
devices;
(c) Responsibilities. In addition to those responsibilities and
duties specified elsewhere in this part, the FSO must, for each (c) Recognition of characteristics and behavioral patterns of
facility for which he or she has been designated: persons who are likely to threaten security;

148
(d) Techniques used to circumvent security measures; conjunction with non-security drills, where appropriate.

(e) Crowd management and control techniques; (2) Drills must test individual elements of the FSP, including
response to security threats and incidents. Drills should take into
(f) Security related communications; account the types of operations of the facility, facility personnel
changes, the type of vessel the facility is serving, and other
(g) Knowledge of emergency procedures and contingency plans; relevant circumstances. Examples of drills include unauthorized
entry to a restricted area, response to alarms, and notification of
(h) Operation of security equipment and systems; law enforcement authorities.

(i) Testing, calibration, and maintenance of security equipment (3) If a vessel is moored at the facility on the date the facility has
and systems; planned to conduct any drills, the facility cannot require the vessel
or vessel personnel to be a part of or participate in the facility's
(j) Inspection, control, and monitoring techniques; scheduled drill.

(k) Relevant provisions of the Facility Security Plan (FSP); (c) Exercises.

(l) Methods of physical screening of persons, personal effects, (1) Exercises must be conducted at least once each calendar
baggage, cargo, and vessel stores; and year, with no more than 18 months between exercises.

(m) The meaning and the consequential requirements of the (2) Exercises may be:
different MARSEC Levels.
(i) Full scale or live;
(n) Familiar with all relevant aspects of the TWIC program and
how to carry them out. (ii) Tabletop simulation or seminar;

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by (iii) Combined with other appropriate exercises; or
USCG-2006-24196, 72 FR 3583, Jan. 25, 2007]
(iv) A combination of the elements in paragraphs (c)(2)(i) through
105.215 Security training for all other facility personnel. (iii) of this section.
All other facility personnel, including contractors, whether part-
time, full-time, temporary, or permanent, must have knowledge of, (3) Exercises may be facility-specific or part of a cooperative
through training or equivalent job experience, in the following, as exercise program with applicable facility and vessel security plans
appropriate: or comprehensive port exercises.

(a) Relevant provisions of the Facility Security Plan (FSP); (4) Each exercise must test communication and notification
procedures, and elements of coordination, resource availability,
(b) The meaning and the consequential requirements of the and response.
different MARSEC Levels as they apply to them, including
emergency procedures and contingency plans; (5) Exercises are a full test of the security program and must
include substantial and active participation of FSOs, and may
(c) Recognition and detection of dangerous substances and include government authorities and vessels visiting the facility.
devices; Requests for participation of Company and Vessel Security
Officers in joint exercises should consider the security and work
(d) Recognition of characteristics and behavioral patterns of implications for the vessel.
persons who are likely to threaten security; and
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
(e) Techniques used to circumvent security measures. 68 FR 60541, Oct. 22, 2003]

(f) Familiar with all relevant aspects of the TWIC program and 105.225 Facility recordkeeping requirements.
how to carry them out. (a) Unless otherwise specified in this section, the Facility Security
Officer (FSO) must keep records of the activities as set out in
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at paragraph (b) of this section for at least 2 years and make them
68 FR 60541, Oct. 22, 2003; USCG-2006-24196, 72 FR 3583, available to the Coast Guard upon request.
Jan. 25, 2007]
(b) Records required by this section may be kept in electronic
105.220 Drill and exercise requirements. format. If kept in an electronic format, they must be protected
(a) General. against unauthorized deletion, destruction, or amendment. The
following records must be kept:
(1) Drills and exercises must test the proficiency of facility
personnel in assigned security duties at all MARSEC Levels and (1) Training. For training under 105.210, the date of each
the effective implementation of the Facility Security Plan (FSP). session, duration of session, a description of the training, and a
They must enable the Facility Security Officer (FSO) to identify list of attendees;
any related security deficiencies that need to be addressed.
(2) Drills and exercises. For each drill or exercise, the date held,
(2) A drill or exercise required by this section may be satisfied description of drill or exercise, list of participants, and any best
with the implementation of security measures required by the FSP practices or lessons learned which may improve the Facility
as the result of an increase in the MARSEC Level, provided the Security Plan (FSP);
facility reports attainment to the cognizant COTP.
(3) Incidents and breaches of security. For each incident or
(b) Drills. breach of security, the date and time of occurrence, location
within the facility, description of incident or breaches, to whom it
(1) The FSO must ensure that at least one security drill is was reported, and description of the response;
conducted every 3 months. Security drills may be held in

149
(4) Changes in MARSEC Levels. For each change in MARSEC notify facility personnel of changes in security conditions at the
Level, the date and time of notification received, and time of facility.
compliance with additional requirements;
(b) Communication systems and procedures must allow effective
(5) Maintenance, calibration, and testing of security and continuous communications between the facility security
equipment. For each occurrence of maintenance, calibration, and personnel, vessels interfacing with the facility, the cognizant
testing, record the date and time, and the specific security COTP, and national and local authorities with security
equipment involved; responsibilities.

(6) Security threats. For each security threat, the date and time (c) At each active facility access point, provide a means of
of occurrence, how the threat was communicated, who received contacting police, security control, or an emergency operations
or identified the threat, description of threat, to whom it was center, by telephones, cellular phones, and/or portable radios, or
reported, and description of the response; other equivalent means.

(7) Declaration of Security (DoS) A copy of each single-visit (d) Facility communications systems must have a backup means
DoS and a copy of each continuing DoS for at least 90 days after for both internal and external communications.
the end of its effective period; and
105.240 Procedures for interfacing with vessels.
(8) Annual audit of the FSP. For each annual audit, a letter The facility owner or operator must ensure that there are
certified by the FSO stating the date the audit was completed. measures for interfacing with vessels at all MARSEC Levels.

(c) Any record required by this part must be protected from 105.245 Declaration of Security (DoS).
unauthorized access or disclosure. (a) Each facility owner or operator must ensure procedures are
established for requesting a DoS and for handling DoS requests
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at from a vessel.
68 FR 60541, Oct. 22, 2003]
(b) At MARSEC Level 1, a facility receiving a cruise ship or a
105.230 Maritime Security (MARSEC) Level coordination manned vessel carrying Certain Dangerous Cargo, in bulk, must
and implementation. comply with the following:
(a) The facility owner or operator must ensure the facility operates
in compliance with the security requirements in this part for the (1) Prior to the arrival of a vessel to the facility, the Facility
MARSEC Level in effect for the port. Security Officer (FSO) and Master, Vessel Security Officer (VSO),
or their designated representatives must coordinate security
(b) When notified of an increase in the MARSEC Level, the facility needs and procedures, and agree upon the contents of the DoS
owner and operator must ensure: for the period of time the vessel is at the facility; and

(1) Vessels moored to the facility and vessels scheduled to arrive (2) Upon the arrival of the vessel at the facility, the FSO and
at the facility within 96 hours of the MARSEC Level change are Master, VSO, or their designated representative, must sign the
notified of the new MARSEC Level and the Declaration of written DoS.
Security is revised as necessary;
(c) Neither the facility nor the vessel may embark or disembark
(2) The facility complies with the required additional security passengers, nor transfer cargo or vessel stores until the DoS has
measures within 12 hours; and been signed and implemented.

(3) The facility reports compliance or noncompliance to the COTP. (d) At MARSEC Levels 2 and 3, the FSOs, or their designated
representatives, of facilities interfacing with manned vessels
(c) For MARSEC Levels 2 and 3, the Facility Security Officer must subject to part 104, of this subchapter must sign and implement
inform all facility personnel about identified threats, and DoSs as required in (b)(1) and (2) of this section.
emphasize reporting procedures and stress the need for
increased vigilance. (e) At MARSEC Levels 1 and 2, FSOs of facilities that frequently
interface with the same vessel may implement a continuing DoS
(d) An owner or operator whose facility is not in compliance with for multiple visits, provided that:
the requirements of this section, must inform the COTP and
obtain approval prior to interfacing with a vessel or continuing (1) The DoS is valid for a specific MARSEC Level;
operations.
(2) The effective period at MARSEC Level 1 does not exceed 90
(e) At MARSEC Level 3, in addition to the requirements in this days; and
part, a facility owner or operator may be required to implement
additional measures, pursuant to 33 CFR part 6, 160, or 165, as (3) The effective period at MARSEC Level 2 does not exceed 30
appropriate, which may include but are not limited to: days.

(1) Use of waterborne security patrol; (f) When the MARSEC Level increases beyond that contained in
the DoS, the continuing DoS is void and a new DoS must be
(2) Use of armed security personnel to control access to the executed in accordance with this section.
facility and to deter, to the maximum extent practical, a
transportation security incident; and (g) A copy of all currently valid continuing DoSs must be kept with
the Facility Security Plan.
(3) Examination of piers, wharves, and similar structures at the
facility for the presence of dangerous substances or devices (h) The COTP may require, at any time, at any MARSEC Level,
underwater or other threats. any facility subject to this part to implement a DoS with the VSO
prior to any vessel-to-facility interface when he or she deems it
105.235 Communications. necessary.
(a) The Facility Security Officer must have a means to effectively

150
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at (2) If an individual cannot present a TWIC because it has been
68 FR 60541, Oct. 22, 2003] lost, damaged or stolen, and he or she has previously been
granted unescorted access to the facility and is known to have
105.250 Security systems and equipment maintenance. had a valid TWIC, the individual may be given unescorted access
(a) Security systems and equipment must be in good working to secure areas for a period of no longer than 7 consecutive
order and inspected, tested, calibrated, and maintained according calendar days if:
to manufacturers' recommendations.
(i) The individual has reported the TWIC as lost, damaged, or
(b) Security systems must be regularly tested in accordance with stolen to TSA as required in 49 CFR 1572.19(f);
the manufacturers' recommendations; noted deficiencies
corrected promptly; and the results recorded as required in (ii) The individual can present another identification credential that
105.225 of this subpart. meets the requirements of 101.515 of this subchapter; and

(c) The FSP must include procedures for identifying and (iii) There are no other suspicious circumstances associated with
responding to security system and equipment failures or the individual's claim of loss or theft.
malfunctions.
(3) If an individual cannot present his or her TWIC for any other
105.255 Security measures for access control. reason than outlined in paragraph (c)(2) of this section, he or she
(a) General. The facility owner or operator must ensure the may not be granted unescorted access to the secure area. The
implementation of security measures to: individual must be under escort, as that term is defined in part 101
of this subchapter, at all times when inside of a secure area.
(1) Deter the unauthorized introduction of dangerous substances
and devices, including any device intended to damage or destroy (4) With the exception of persons granted access according to
persons, vessels, facilities, or ports; paragraph (c)(2) of this section, all persons granted unescorted
access to secure areas of the facility must be able to produce his
(2) Secure dangerous substances and devices that are authorized or her TWIC upon request.
by the owner or operator to be on the facility;
(5) There must be disciplinary measures in place to prevent fraud
(3) Control access to the facility; and and abuse.

(4) Prevent an unescorted individual from entering an area of the (6) The facility's TWIC program should be coordinated, when
facility that is designated as a secure area unless the individual practicable, with identification and TWIC access control measures
holds a duly issued TWIC and is authorized to be in the area. of vessels or other transportation conveyances that use the facility.

(b) The facility owner or operator must ensure that the following (d) If the facility owner or operator uses a separate identification
are specified: system, ensure that it complies and is coordinated with TWIC
provisions in this part.
(1) The locations where restrictions or prohibitions that prevent
unauthorized access are applied for each MARSEC Level, (e) The facility owner or operator must establish in the approved
including those points where TWIC access control provisions will Facility Security Plan (FSP) the frequency of application of any
be applied. Each location allowing means of access to the facility access controls, particularly if they are to be applied on a random
must be addressed; or occasional basis.

(2) The types of restrictions or prohibitions to be applied and the (f) MARSEC Level 1. The facility owner or operator must ensure
means of enforcing them; the following security measures are implemented at the facility:

(3) The means used to establish the identity of individuals not in (1) Implement TWIC as set out in paragraph (c) of this section.
possession of a TWIC, in accordance with 101.515 of this
subchapter, and procedures for escorting them; (2) Screen persons, baggage (including carry-on items), personal
effects, and vehicles, for dangerous substances and devices at
(4) Procedures for identifying authorized and unauthorized the rate specified in the approved FSP, excluding government-
persons at any MARSEC level; and owned vehicles on official business when government personnel
present identification credentials for entry;
(5) The locations where persons, personal effects and vehicle
screenings are to be conducted. The designated screening areas (3) Conspicuously post signs that describe security measures
should be covered to provide for continuous operations currently in effect and clearly state that:
regardless of the weather conditions.
(i) Entering the facility is deemed valid consent to screening or
(c) The facility owner or operator must ensure that a TWIC inspection; and
program is implemented as follows:
(ii) Failure to consent or submit to screening or inspection will
(1) All persons seeking unescorted access to secure areas must result in denial or revocation of authorization to enter.
present their TWIC for inspection before being allowed
unescorted access, in accordance with 101.514 of this (4) Check the identification of any person not holding a TWIC and
subchapter. Inspection must include: seeking entry to the facility, including vessel passengers, vendors,
personnel duly authorized by the cognizant government
(i) A match of the photo on the TWIC to the individual presenting authorities, and visitors. This check shall include confirming the
the TWIC; reason for boarding by examining at least one of the following:

(ii) Verification that the TWIC has not expired; and (i) Joining instructions;

(iii) A visual check of the various security features present on the (ii) Passenger tickets;
card to determine whether the TWIC has been tampered with or
forged. (iii) Boarding passes;

151
(iv) Work orders, pilot orders, or surveyor orders; baggage:

(v) Government identification; or (i) Screen unaccompanied baggage more extensively; for
example, x-raying from two or more angles;
(vi) Visitor badges issued in accordance with an identification
system implemented under paragraph (d) of this section. (ii) Prepare to restrict or suspend handling of unaccompanied
baggage; or
(5) Deny or revoke a person's authorization to be on the facility if
the person is unable or unwilling, upon the request of facility (iii) Refuse to accept unaccompanied baggage.
personnel or a law enforcement officer, to establish his or her
identity in accordance with this part or to account for his or her (3) Being prepared to cooperate with responders and facilities;
presence. Any such incident must be reported in compliance with
this part; (4) Granting access to only those responding to the security
incident or threat thereof;
(6) Designate restricted areas and provide appropriate access
controls for these areas; (5) Suspending access to the facility;

(7) Identify access points that must be secured or attended to (6) Suspending cargo operations;
deter unauthorized access;
(7) Evacuating the facility;
(8) Deter unauthorized access to the facility and to designated
restricted areas within the facility; (8) Restricting pedestrian or vehicular movement on the grounds
of the facility; or
(9) Screen by hand or device, such as x-ray, all unaccompanied
baggage prior to loading onto a vessel; and (9) Increasing security patrols within the facility.

(10) Secure unaccompanied baggage after screening in a [USCG-2006-24196, 72 FR 3583, Jan. 25, 2007]
designated restricted area and maintain security control during
transfers between the facility and a vessel. 105.260 Security measures for restricted areas.
(a) General. The facility owner or operator must ensure the
(g) MARSEC Level 2. In addition to the security measures designation of restricted areas in order to:
required for MARSEC Level 1 in this section, at MARSEC Level 2,
the facility owner or operator must ensure the implementation of (1) Prevent or deter unauthorized access;
additional security measures, as specified for MARSEC Level 2 in
their approved FSP. These additional security measures may (2) Protect persons authorized to be in the facility;
include:
(3) Protect the facility;
(1) Increasing the frequency and detail of the screening of
persons, baggage, and personal effects for dangerous (4) Protect vessels using and serving the facility;
substances and devices entering the facility;
(5) Protect sensitive security areas within the facility;
(2) X-ray screening of all unaccompanied baggage;
(6) Protect security and surveillance equipment and systems; and
(3) Assigning additional personnel to guard access points and
patrol the perimeter of the facility to deter unauthorized access; (7) Protect cargo and vessel stores from tampering.

(4) Limiting the number of access points to the facility by closing (b) Designation of Restricted Areas. The facility owner or
and securing some access points and providing physical barriers operator must ensure restricted areas are designated within the
to impede movement through the remaining access points; facility. They must also ensure that all restricted areas are clearly
marked and indicate that access to the area is restricted and that
(5) Denying access to visitors who do not have a verified unauthorized presence within the area constitutes a breach of
destination; security. The facility owner or operator may also designate the
entire facility as a restricted area. Restricted areas must include,
(6) Deterring waterside access to the facility, which may include, as appropriate:
using waterborne patrols to enhance security around the facility;
or (1) Shore areas immediately adjacent to each vessel moored at
the facility;
(7) Except for government-owned vehicles on official business
when government personnel present identification credentials for (2) Areas containing sensitive security information, including
entry, screening vehicles and their contents for dangerous cargo documentation;
substances and devices at the rate specified for MARSEC Level 2
in the approved FSP. (3) Areas containing security and surveillance equipment and
systems and their controls, and lighting system controls; and
(h) MARSEC Level 3. In addition to the security measures
required for MARSEC Level 1 and MARSEC Level 2, at MARSEC (4) Areas containing critical facility infrastructure, including:
level 3, the facility owner or operator must ensure the
implementation of additional security measures, as specified for (i) Water supplies;
MARSEC Level 3 in their approved FSP. These additional
security measures may include: (ii) Telecommunications;

(1) Screening all persons, baggage, and personal effects for (iii) Electrical system; and
dangerous substances and devices;
(iv) Access points for ventilation and air-conditioning systems;
(2) Performing one or more of the following on unaccompanied

152
(5) Manufacturing or processing areas and control rooms; (e) MARSEC Level 2. In addition to the security measures
required for MARSEC Level 1 in this section, at MARSEC Level 2,
(6) Locations in the facility where access by vehicles and the facility owner or operator must also ensure the implementation
personnel should be restricted; of additional security measures, as specified for MARSEC Level 2
in their approved FSP. These additional security measures may
(7) Areas designated for loading, unloading or storage of cargo include:
and stores; and
(1) Increasing the intensity and frequency of monitoring and
(8) Areas containing cargo consisting of dangerous goods or access controls on existing restricted access areas;
hazardous substances, including certain dangerous cargoes.
(2) Enhancing the effectiveness of the barriers or fencing
(c) The owner or operator must ensure that all restricted areas surrounding restricted areas, by the use of patrols or automatic
have clearly established security measures to: intrusion detection devices;

(1) Identify which facility personnel are authorized to have access; (3) Reducing the number of access points to restricted areas, and
enhancing the controls applied at the remaining accesses;
(2) Determine which persons other than facility personnel are
authorized to have access; (4) Restricting parking adjacent to vessels;

(3) Determine the conditions under which that access may take (5) Further restricting access to the restricted areas and
place; movements and storage within them;

(4) Define the extent of any restricted area; (6) Using continuously monitored and recorded surveillance
equipment;
(5) Define the times when access restrictions apply;
(7) Enhancing the number and frequency of patrols, including
(6) Clearly mark all restricted areas and indicate that access to waterborne patrols undertaken on the boundaries of the restricted
the area is restricted and that unauthorized presence within the areas and within the areas; or
area constitutes a breach of security;
(8) Establishing and restricting access to areas adjacent to the
(7) Control the entry, parking, loading and unloading of vehicles; restricted areas.

(8) Control the movement and storage of cargo and vessel stores; (f) MARSEC Level 3. In addition to the security measures
and required for MARSEC Level 1 and MARSEC Level 2, at MARSEC
Level 3, the facility owner or operator must ensure the
(9) Control unaccompanied baggage or personal effects. implementation of additional security measures, as specified for
MARSEC Level 3 in their approved FSP. These additional
(d) MARSEC Level 1. At MARSEC Level 1, the facility owner or security measures may include:
operator must ensure the implementation of security measures to
prevent unauthorized access or activities within the area. These (1) Restricting access to additional areas;
security measures may include:
(2) Prohibiting access to restricted areas, or
(1) Restricting access to only authorized personnel;
(3) Searching restricted areas as part of a security sweep of all or
(2) Securing all access points not actively used and providing part of the facility.
physical barriers to impede movement through the remaining
access points; 105.265 Security measures for handling cargo.
(a) General. The facility owner or operator must ensure that
(3) Assigning personnel to control access to restricted areas; security measures relating to cargo handling, some of which may
have to be applied in liaison with the vessel, are implemented in
(4) Verifying the identification and authorization of all persons and order to:
all vehicles seeking entry;
(1) Deter tampering;
(5) Patrolling or monitoring the perimeter of restricted areas;
(2) Prevent cargo that is not meant for carriage from being
(6) Using security personnel, automatic intrusion detection accepted and stored at the facility without the knowing consent of
devices, surveillance equipment, or surveillance systems to detect the facility owner or operator;
unauthorized entry or movement within restricted areas;
(3) Identify cargo that is approved for loading onto vessels
(7) Directing the parking, loading, and unloading of vehicles within interfacing with the facility;
a restricted area;
(4) Include cargo control procedures at access points to the
(8) Controlling unaccompanied baggage and or personal effects facility;
after screening;
(5) Identify cargo that is accepted for temporary storage in a
(9) Designating restricted areas for performing inspections of restricted area while awaiting loading or pick up;
cargo and vessel stores while awaiting loading; and
(6) Restrict the entry of cargo to the facility that does not have a
(10) Designating temporary restricted areas to accommodate confirmed date for loading, as appropriate;
facility operations. If temporary restricted areas are designated,
the FSP must include a requirement to conduct a security sweep (7) Ensure the release of cargo only to the carrier specified in the
of the designated temporary restricted area both before and after cargo documentation;
the area has been established.

153
(8) When there are regular or repeated cargo operations with the 68 FR 60541, Oct. 22, 2003]
same shipper, coordinate security measures with the shipper or
other responsible party in accordance with an established 105.270 Security measures for delivery of vessel stores and
agreement and procedure; and bunkers.
(a) General. The facility owner or operator must ensure that
(9) Create, update, and maintain a continuous inventory of all security measures relating to the delivery of vessel stores and
dangerous goods and hazardous substances from receipt to bunkers are implemented to:
delivery within the facility, giving the location of those dangerous
goods and hazardous substances. (1) Check vessel stores for package integrity;

(b) MARSEC Level 1. At MARSEC Level 1, the facility owner or (2) Prevent vessel stores from being accepted without inspection;
operator must ensure the implementation of measures to:
(3) Deter tampering;
(1) Unless unsafe to do so, routinely check cargo, cargo transport
units, and cargo storage areas within the facility prior to, and (4) For vessels that routinely use a facility, establish and execute
during, cargo handling operations for evidence of tampering; standing arrangements between the vessel, its suppliers, and a
facility regarding notification and the timing of deliveries and their
(2) Check that cargo, containers, or other cargo transport units documentation; and
entering the facility match the delivery note or equivalent cargo
documentation; (5) Check vessel stores by the following means:

(3) Screen vehicles; and (i) Visual examination;

(4) Check seals and other methods used to prevent tampering (ii) Physical examination;
upon entering the facility and upon storage within the facility.
(iii) Detection devices, such as scanners; or
(c) MARSEC Level 2. In addition to the security measures
required for MARSEC Level 1 in this section, at MARSEC Level 2, (iv) Canines.
the facility owner or operator must also ensure the implementation
of additional security measures, as specified for MARSEC Level 2 (b) MARSEC Level 1. At MARSEC Level 1, the facility owner or
in the approved FSP. These additional security measures may operator must ensure the implementation of measures to:
include:
(1) Screen vessel stores at the rate specified in the approved
(1) Conducting check of cargo, containers or other cargo transport Facility Security Plan (FSP);
units, and cargo storage areas within the facility for evidence of
tampering; (2) Require advance notification of vessel stores or bunkers
delivery, including a list of stores, delivery vehicle driver
(2) Intensifying checks, as appropriate, to ensure that only the information, and vehicle registration information;
documented cargo enters the facility, is temporarily stored there,
and then loaded onto the vessel; (3) Screen delivery vehicles at the frequencies specified in the
approved FSP; and
(3) Intensifying the screening of vehicles;
(4) Escort delivery vehicles within the facility at the rate specified
(4) Increasing frequency and detail in checking of seals and other by the approved FSP.
methods used to prevent tampering;
(c) MARSEC Level 2. In addition to the security measures
(5) Coordinating enhanced security measures with the shipper or required for MARSEC Level 1 in this section, at MARSEC Level 2,
other responsible party in accordance with an established the facility owner or operator must also ensure the implementation
agreement and procedures; of additional security measures, as specified for MARSEC Level 2
in the approved FSP. These additional security measures may
(6) Increasing the frequency and intensity of visual and physical include:
inspections; or
(1) Detailed screening of vessel stores;
(7) Limiting the number of locations where dangerous goods and
hazardous substances, including certain dangerous cargoes, can (2) Detailed screening of all delivery vehicles;
be stored.
(3) Coordinating with vessel personnel to check the order against
(d) MARSEC Level 3. In addition to the security measures the delivery note prior to entry to the facility;
required for MARSEC Level 1 and MARSEC Level 2, at MARSEC
Level 3, the facility owner or operator must ensure the (4) Ensuring delivery vehicles are escorted within the facility; or
implementation of additional security measures, as specified for
MARSEC Level 3 in the approved FSP. These additional security (5) Restricting or prohibiting the entry of vessel stores that will not
measures may include: leave the facility within a specified period.

(1) Restricting or suspending cargo movements or operations (d) MARSEC Level 3. In addition to the security measures for
within all or part of the facility or specific vessels; MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the
facility owner and operator must ensure implementation of
(2) Being prepared to cooperate with responders and vessels; or additional security measures, as specified for MARSEC Level 3 in
the approved FSP. Examples of these additional security
(3) Verifying the inventory and location of any dangerous goods measures may include:
and hazardous substances, including certain dangerous cargoes,
held within the facility and their location. (1) Checking all vessel stores more extensively;

[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at (2) Restricting or suspending delivery of vessel stores; or

154
(3) Refusing to accept vessel stores on the facility. (4) Complying with the instructions issued by those responding to
the security incident.
105.275 Security measures for monitoring.
(a) General. The facility owner or operator must ensure the [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
implementation of security measures in this section and have the 68 FR 60542, Oct. 22, 2003]
capability to continuously monitor, through a combination of
lighting, security guards, waterborne patrols, automatic intrusion- 105.280 Security incident procedures.
detection devices, or surveillance equipment, as specified in the For each MARSEC Level, the facility owner or operator must
approved Facility Security Plan (FSP), the: ensure the Facility Security Officer and facility security personnel
are able to:
(1) Facility and its approaches, on land and water;
(a) Respond to security threats or breaches of security and
(2) Restricted areas within the facility; and maintain critical facility and vessel-to-facility interface operations;

(3) Vessels at the facility and areas surrounding the vessels. (b) Evacuate the facility in case of security threats or breaches of
security;
(b) MARSEC Level 1. At MARSEC Level 1, the facility owner or
operator must ensure the security measures in this section are (c) Report security incidents as required in 101.305 of this
implemented at all times, including the period from sunset to subchapter;
sunrise and periods of limited visibility. For each facility, ensure
monitoring capability that: (d) Brief all facility personnel on possible threats and the need for
vigilance, soliciting their assistance in reporting suspicious
(1) When automatic intrusion-detection devices are used, persons, objects, or activities; and
activates an audible or visual alarm, or both, at a location that is
continuously attended or monitored; (e) Secure non-critical operations in order to focus response on
critical operations.
(2) Is able to function continually, including consideration of the
possible effects of weather or of a power disruption; 105.285 Additional requirements-passenger and ferry
facilities.
(3) Monitors the facility area, including shore and waterside (a) At all MARSEC Levels, the owner or operator of a passenger
access to it; or ferry facility must ensure, in coordination with a vessel moored
at the facility, that the following security measures are
(4) Monitors access points, barriers and restricted areas; implemented in addition to the requirements of this part:

(5) Monitors access and movements adjacent to vessels using the (1) Establish separate areas to segregate unchecked persons and
facility, including augmentation of lighting provided by the vessel personal effects from checked persons and personal effects;
itself; and
(2) Ensure that a defined percentage of vehicles to be loaded
(6) Limits lighting effects, such as glare, and their impact on aboard are screened prior to loading, in accordance with a
safety, navigation, and other security activities. MARSEC Directive or other orders issued by the Coast Guard;

(c) MARSEC Level 2. In addition to the security measures for (3) Ensure that all unaccompanied vehicles to be loaded on
MARSEC Level 1 in this section, at MARSEC Level 2, the facility passenger vessels are screened prior to loading;
owner or operator must also ensure the implementation of
additional security measures, as specified for MARSEC Level 2 in (4) Deny passenger access to secure and restricted areas unless
the approved FSP. These additional measures may include: escorted by authorized facility security personnel; and

(1) Increasing the coverage and intensity of surveillance (5) In a facility with a public access area designated under
equipment, including the provision of additional surveillance 105.106, provide sufficient security personnel to monitor all
coverage; persons within the area.

(2) Increasing the frequency of foot, vehicle or waterborne patrols; (b) At MARSEC Level 2, in addition to the requirements in
paragraph (a) of this section, the owner or operator of a
(3) Assigning additional security personnel to monitor and patrol; passenger or ferry facility with a public access area designated
or under 105.106 must increase the intensity of monitoring of the
public access area.
(4) Increasing the coverage and intensity of lighting, including the
provision of additional lighting and coverage. (c) At MARSEC Level 3, in addition to the requirements in
paragraph (a) of this section, the owner or operator of a
(d) MARSEC Level 3. In addition to the security measures for passenger or ferry facility with a public access area designated
MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the under 105.106 must increase the intensity of monitoring and
facility owner or operator must also ensure implementation of assign additional security personnel to monitor the public access
additional security measures, as specified for MARSEC Level 3 in area.
the approved FSP. These additional security measures may
include: [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
68 FR 60542, Oct. 22, 2003; USCG-2006-24196, 72 FR 3584,
(1) Switching on all lighting within, or illuminating the vicinity of, Jan. 25, 2007]
the facility;
105.290 Additional requirements-cruise ship terminals.
(2) Switching on all surveillance equipment capable of recording At all MARSEC Levels, in coordination with a vessel moored at
activities within or adjacent to the facility; the facility, the facility owner or operator must ensure the following
security measures:
(3) Maximizing the length of time such surveillance equipment can
continue to record; or (a) Screen all persons, baggage, and personal effects for

155
dangerous substances and devices; (3) Ensure that at least one towing vessel is available to service
the fleeting facility for every 100 barges within the facility.
(b) Check the identification of all persons seeking to enter the
facility. Persons holding a TWIC shall be checked as set forth in (4) Control access to the barges once tied to the fleeting area by
this part. For persons not holding a TWIC, this check includes implementing TWIC as described in 105.255 of this part.
confirming the reason for boarding by examining passenger
tickets, boarding passes, government identification or visitor (b) At MARSEC Level 2, in addition to the requirements of this
badges, or work orders; part and MARSEC Level 1 requirements, an owner or operator of
a barge fleeting facility must ensure security personnel are
(c) Designate holding, waiting, or embarkation areas within the assigned to monitor or patrol the designated restricted area within
facility's secure area to segregate screened persons and their the barge fleeting facility.
personal effects awaiting embarkation from unscreened persons
and their personal effects; (c) At MARSEC Level 3, in addition to the requirements of this
part and MARSEC Level 2 requirements, an owner or operator of
(d) Provide additional security personnel to designated holding, a barge fleeting facility must ensure that both land and waterside
waiting, or embarkation areas within the facility's secure area; and perimeters of the designated restricted area within the barge
(e) Deny individuals not holding a TWIC access to secure and fleeting facility are continuously monitored or patrolled.
restricted areas unless escorted.
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
[USCG-2006-24196, 72 FR 3585, Jan. 25, 2007] 68 FR 60542, Oct. 22, 2003; USCG-2006-24196, 72 FR 3585,
Jan. 25, 2007]
105.295 Additional requirements-Certain Dangerous Cargo
(CDC) facilities. Subpart C-Facility Security Assessment (FSA)
(a) At all MARSEC Levels, owners or operators of CDC facilities
must ensure the implementation of the following security 105.300 General.
measures in addition to the requirements of this part: (a) The Facility Security Assessment (FSA) is a written document
that is based on the collection of background information, the
(1) Escort all visitors, contractors, vendors, and other non-facility completion of an on-scene survey and an analysis of that
employees at all times while on the facility, if access identification information.
is not provided. Escort provisions do not apply to prearranged
cargo deliveries; (b) A common FSA may be conducted for more than one similar
facility provided the FSA reflects any facility-specific
(2) Control the parking, loading, and unloading of vehicles within a characteristics that are unique.
facility;
(c) Third parties may be used in any aspect of the FSA if they
(3) Require security personnel to record or report their presence have the appropriate skills and if the Facility Security Officer (FSO)
at key points during their patrols; reviews and accepts their work.

(4) Search unmanned or unmonitored waterfront areas for (d) Those involved in a FSA must be able to draw upon expert
dangerous substances and devices prior to a vessel's arrival at assistance in the following areas, as appropriate:
the facility; and
(1) Knowledge of current security threats and patterns;
(5) Provide an alternate or independent power source for security
and communications systems. (2) Recognition and detection of dangerous substances and
devices;
(b) At MARSEC Level 2, in addition to the requirements for
MARSEC Level 1, owners or operators of CDC facilities must (3) Recognition of characteristics and behavioral patterns of
ensure the implementation of the following security measures: persons who are likely to threaten security;

(1) Release cargo only in the presence of the Facility Security (4) Techniques used to circumvent security measures;
Officer (FSO) or a designated representative of the FSO; and
(5) Methods used to cause a security incident;
(2) Continuously patrol restricted areas.
(6) Effects of dangerous substances and devices on structures
(c) At MARSEC Level 3, in addition to the requirements for and facility services;
MARSEC Level 1 and MARSEC Level 2, owners or operators of
CDC facilities must ensure the facilities are continuously guarded (7) Facility security requirements;
and restricted areas are patrolled.
(8) Facility and vessel interface business practices;
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
68 FR 60542, Oct. 22, 2003] (9) Contingency planning, emergency preparedness, and
response;
105.296 Additional requirements-barge fleeting facilities.
(a) At MARSEC Level 1, in addition to the requirements of this (10) Physical security requirements;
part, an owner or operator of a barge fleeting facility must ensure
the implementation of the following security measures: (11) Radio and telecommunications systems, including computer
systems and networks;
(1) Designate one or more restricted areas within the barge
fleeting facility to handle those barges carrying, in bulk, cargoes (12) Marine or civil engineering; and
regulated by 46 CFR chapter I, subchapters D or O, or Certain
Dangerous Cargoes; (13) Facility and vessel operations.

(2) Maintain a current list of vessels and cargoes in the 105.305 Facility Security Assessment (FSA) requirements.
designated restricted area; and (a) Background. The facility owner or operator must ensure that

156
the following background information, if applicable, is provided to identification systems;
the person or persons who will conduct the assessment:
(iv) Existing security measures and procedures relating to
(1) The general layout of the facility, including: services and utilities;

(i) The location of each active and inactive access point to the (v) Measures to protect radio and telecommunication equipment,
facility; including computer systems and networks;

(ii) The number, reliability, and security duties of facility personnel; (vi) Adjacent areas that may be exploited during or for an attack;

(iii) Security doors, barriers, and lighting; (vii) Areas that may, if damaged or used for illicit observation,
pose a risk to people, property, or operations within the facility;
(iv) The location of restricted areas;
(viii) Existing agreements with private security companies
(v) The emergency and stand-by equipment available to maintain providing waterside and shore-side security services;
essential services;
(ix) Any conflicting policies between safety and security measures
(vi) The maintenance equipment, cargo spaces, storage areas, and procedures;
and unaccompanied baggage storage;
(x) Any conflicting facility operations and security duty
(vii) Location of escape and evacuation routes and assembly assignments;
stations; and
(xi) Any enforcement and personnel constraints;
(viii) Existing security and safety equipment for protection of
personnel and visitors; (xii) Any deficiencies identified during daily operations or training
and drills; and
(2) Response procedures for fire or other emergency conditions;
(xiii) Any deficiencies identified following security incidents or
(3) Procedures for monitoring facility and vessel personnel, alerts, the report of security concerns, the exercise of control
vendors, repair technicians, and dock workers; measures, or audits;

(4) Existing contracts with private security companies and existing (2) Possible security threats, including but not limited to:
agreements with local or municipal agencies;
(i) Damage to or destruction of the facility or of a vessel moored at
(5) Procedures for controlling keys and other access prevention the facility;
systems;
(ii) Hijacking or seizure of a vessel moored at the facility or of
(6) Procedures for cargo and vessel stores operations; persons on board;

(7) Response capability to security incidents; (iii) Tampering with cargo, essential equipment or systems, or
stores of a vessel moored at the facility;
(8) Threat assessments, including the purpose and methodology
of the assessment, for the port in which the facility is located or at (iv) Unauthorized access or use including the presence of
which passengers embark or disembark; stowaways;

(9) Previous reports on security needs; and (v) Smuggling dangerous substances and devices to the facility;

(10) Any other existing security procedures and systems, (vi) Use of a vessel moored at the facility to carry those intending
equipment, communications, and facility personnel. to cause a security incident and their equipment;

(b) On-scene survey. The facility owner or operator must ensure (vii) Use of a vessel moored at the facility as a weapon or as a
that an on-scene survey of each facility is conducted. The on- means to cause damage or destruction;
scene survey examines and evaluates existing facility protective
measures, procedures, and operations to verify or collect the (viii) Impact on the facility and its operations due to a blockage of
information required in paragraph (a) of this section. entrances, locks, and approaches; and

(c) Analysis and recommendations. In conducting the FSA, the (ix) Use of the facility as a transfer point for nuclear, biological,
facility owner or operator must ensure that the FSO analyzes the radiological, explosive, or chemical weapons;
facility background information and the on-scene survey, and
considering the requirements of this part, provides (3) Threat assessments by Government agencies;
recommendations to establish and prioritize the security
measures that should be included in the FSP. The analysis must (4) Vulnerabilities, including human factors, in the facility's
consider: infrastructure, policies and procedures;

(1) Each vulnerability found during the on-scene survey including (5) Any particular aspects of the facility, including the vessels
but not limited to: using the facility, which make it likely to be the target of an attack;

(i) Waterside and shore-side access to the facility and vessel (6) Likely consequences in terms of loss of life, damage to
berthing at the facility; property, and economic disruption, including disruption to
transportation systems, of an attack on or at the facility; and
(ii) Structural integrity of the piers, facilities, and associated
structures; (7) Locations where access restrictions or prohibitions will be
applied for each MARSEC Level.
(iii) Existing security measures and procedures, including

157
(d) FSA report. (iv) Security training deficiencies; and

(1) The facility owner or operator must ensure that a written FSA (v) Security equipment and systems, including communication
report is prepared and included as part of the FSP. The report systems.
must contain:
(5) The FSA report must discuss and evaluate key facility
(i) A summary of how the on-scene survey was conducted; measures and operations, including:

(ii) A description of existing security measures, including (i) Ensuring performance of all security duties;
inspection, control and monitoring equipment, personnel
identification documents and communication, alarm, lighting, (ii) Controlling access to the facility, through the use of
access control, and similar systems; identification systems or otherwise;

(iii) A description of each vulnerability found during the on-scene (iii) Controlling the embarkation of vessel personnel and other
survey; persons and their effects (including personal effects and baggage
whether accompanied or unaccompanied);
(iv) A description of security measures that could be used to
address each vulnerability; (iv) Procedures for the handling of cargo and the delivery of
vessel stores;
(v) A list of the key facility operations that are important to protect;
and (v) Monitoring restricted areas to ensure that only authorized
persons have access;
(vi) A list of identified weaknesses, including human factors, in the
infrastructure, policies, and procedures of the facility. (vi) Monitoring the facility and areas adjacent to the pier; and

(2) A FSA report must describe the following elements within the (vii) The ready availability of security communications, information,
facility: and equipment.

(i) Physical security; (e) The FSA, FSA report, and FSP must be protected from
unauthorized access or disclosure.
(ii) Structural integrity;
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
(iii) Personnel protection systems; 68 FR 60542, Oct. 22, 2003]

(iv) Procedural policies; 105.310 Submission requirements.


(a) A completed FSA report must be submitted with the Facility
(v) Radio and telecommunication systems, including computer Security Plan required in 105.410 of this part.
systems and networks;
(b) A facility owner or operator may generate and submit a report
(vi) Relevant transportation infrastructure; and that contains the Facility Security Assessment for more than one
facility subject to this part, to the extent that they share similarities
(vii) Utilities. in design and operations, if authorized and approved by the
cognizant COTP.
(3) The FSA report must list the persons, activities, services, and
operations that are important to protect, in each of the following (c) The FSA must be reviewed and validated, and the FSA report
categories: must be updated each time the FSP is submitted for reapproval or
revisions.
(i) Facility personnel;
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
(ii) Passengers, visitors, vendors, repair technicians, vessel 68 FR 60542, Oct. 22, 2003]
personnel, etc.;
Subpart D-Facility Security Plan (FSP)
(iii) Capacity to maintain emergency response;
105.400 General.
(iv) Cargo, particularly dangerous goods and hazardous (a) The Facility Security Officer (FSO) must ensure a Facility
substances; Security Plan (FSP) is developed and implemented for each
facility for which he or she is designated as FSO. The FSP:
(v) Delivery of vessel stores;
(1) Must identify the FSO by name and position, and provide 24-
(vi) Any facility security communication and surveillance systems; hour contact information;
and
(2) Must be written in English;
(vii) Any other facility security systems, if any.
(3) Must address each vulnerability identified in the Facility
(4) The FSA report must account for any vulnerabilities in the Security Assessment (FSA);
following areas:
(4) Must describe security measures for each MARSEC Level;
(i) Conflicts between safety and security measures; and

(ii) Conflicts between duties and security assignments; (5) May cover more than one facility to the extent that they share
similarities in design and operations, if authorized and approved
(iii) The impact of watch-keeping duties and risk of fatigue on by the cognizant COTP.
facility personnel alertness and performance;
(b) The FSP must be submitted for approval to the cognizant

158
COTP in a written or electronic format. Information for submitting (c) The Facility Vulnerability and Security Measures Summary
the FSP electronically can be found at: (Form CG-6025) must be completed using information in the FSA
concerning identified vulnerabilities and information in the FSP
https://homeport.uscg.mil/cgi-bin/st/portal/uscg_docs concerning security measures in mitigation of these vulnerabilities.
/MyCG/Editorial/20090220/FSP_Submissi_
FAQ05DEC.pdf?id=00388e15db7e7bf4b1fc3 [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended by
556059dac7c3e063b57&user_id=c5535d249 USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]
Code of Federal Regulations385
7d5d673ff261157e034a1ea. 105.410 Submission and approval.
(a) On or before December 31, 2003, the owner or operator of
(c) The FSP is sensitive security information and must be each facility currently in operation must either:
protected in accordance with 49 CFR part 1520.
(1) Submit one copy of their Facility Security Plan (FSP) for
(d) If the FSP is kept in an electronic format, procedures must be review and approval to the cognizant COTP and a letter certifying
in place to prevent its unauthorized deletion, destruction, or that the FSP meets applicable requirements of this part; or
amendment.
(2) If intending to operate under an Approved Alternative Security
[USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at Program, a letter signed by the facility owner or operator stating
68 FR 60542, Oct. 22, 2003; USCG-2013-0397, 78 FR 39173, which approved Alternative Security Program the owner or
July 1, 2013] operator intends to use.

105.405 Format and content of the Facility Security Plan (b) Owners or operators of facilities not in service on or before
(FSP). December 31, 2003, must comply with the requirements in
(a) A facility owner or operator must ensure that the FSP consists paragraph (a) of this section 60 days prior to beginning operations
of the individual sections listed in this paragraph (a). If the FSP or by December 31, 2003, whichever is later.
does not follow the order as it appears in the list, the facility owner
or operator must ensure that the FSP contains an index (c) The cognizant COTP will examine each submission for
identifying the location of each of the following sections: compliance with this part and either:

(1) Security administration and organization of the facility; (1) Approve it and specify any conditions of approval, returning to
the submitter a letter stating its acceptance and any conditions;
(2) Personnel training;
(2) Return it for revision, returning a copy to the submitter with
(3) Drills and exercises; brief descriptions of the required revisions; or

(4) Records and documentation; (3) Disapprove it, returning a copy to the submitter with a brief
statement of the reasons for disapproval.
(5) Response to change in MARSEC Level;
(d) An FSP may be submitted and approved to cover more than
(6) Procedures for interfacing with vessels; one facility where they share similarities in design and operations,
if authorized and approved by each cognizant COTP.
(7) Declaration of Security (DoS);
(e) Each facility owner or operator that submits one FSP to cover
(8) Communications; two or more facilities of similar design and operation must
address facility-specific information that includes the design and
(9) Security systems and equipment maintenance; operational characteristics of each facility and must complete a
separate Facility Vulnerability and Security Measures Summary
(10) Security measures for access control, including designated (Form CG-6025), in Appendix A to Part 105Facility Vulnerability
public access areas; and Security Measures Summary (CG-6025), for each facility
covered by the plan.
(11) Security measures for restricted areas;
(f) A FSP that is approved by the cognizant COTP is valid for five
(12) Security measures for handling cargo; years from the date of its approval.

(13) Security measures for delivery of vessel stores and bunkers; [USCG-2003-14732, 68 FR 39322, July 1, 2003; 68 FR 41916,
July 16, 2003, as amended at 68 FR 60542, Oct. 22, 2003;
(14) Security measures for monitoring; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2013-
0397, 78 FR 39173, July 1, 2013]
(15) Security incident procedures;
105.415 Amendment and audit.
(16) Audits and security plan amendments; (a) Amendments.

(17) Facility Security Assessment (FSA) report; and (1) Amendments to a Facility Security Plan (FSP) that is approved
by the cognizant COTP may be initiated by:
(18) Facility Vulnerability and Security Measures Summary (Form
CG-6025) in appendix A to part 105-Facility Vulnerability and (i) The facility owner or operator; or
Security Measures Summary (CG-6025).
(ii) The cognizant COTP upon a determination that an
(b) The FSP must describe in detail how the requirements of amendment is needed to maintain the facility's security. The
subpart B of this part will be met. FSPs that have been approved cognizant COTP, who will give the facility owner or operator
by the Coast Guard prior to March 26, 2007, do not need to be written notice and request that the facility owner or operator
amended to describe their TWIC procedures until the next propose amendments addressing any matters specified in the
regularly scheduled resubmission of the FSP. notice. The facility owner or operator will have at least 60 days to
submit its proposed amendments. Until amendments are

159
approved, the facility owner or operator shall ensure temporary meets the applicable requirements of this part.
security measures are implemented to the satisfaction of the
COTP. (2) The FSP must be audited if there is a change in the facility's
ownership or operator, or if there have been modifications to the
(2) Proposed amendments must be submitted to the cognizant facility, including but not limited to physical structure, emergency
COTP. If initiated by the facility owner or operator, the proposed response procedures, security measures, or operations.
amendment must be submitted at least 30 days before the
amendment is to take effect unless the cognizant COTP allows a (3) Auditing the FSP as a result of modifications to the facility may
shorter period. The cognizant COTP will approve or disapprove be limited to those sections of the FSP affected by the facility
the proposed amendment in accordance with 105.410 of this modifications.
subpart.
(4) Unless impracticable due to the size and nature of the
(3) Nothing in this section should be construed as limiting the company or the facility, personnel conducting internal audits of
facility owner or operator from the timely implementation of such the security measures specified in the FSP or evaluating its
additional security measures not enumerated in the approved implementation must:
FSP as necessary to address exigent security situations. In such
cases, the owner or operator must notify the cognizant COTP by (i) Have knowledge of methods for conducting audits and
the most rapid means practicable as to the nature of the inspections, and security, control, and monitoring techniques;
additional measures, the circumstances that prompted these
additional measures, and the period of time these additional (ii) Not have regularly assigned security duties; and
measures are expected to be in place.
(iii) Be independent of any security measures being audited.
(4) If there is a change in the owner or operator, the Facility
Security Officer (FSO) must amend the FSP to include the name (5) If the results of an audit require amendment of either the FSA
and contact information of the new facility owner or operator and or FSP, the FSO must submit, in accordance with 105.410 of
submit the affected portion of the FSP for review and approval in this subpart, the amendments to the cognizant COTP for review
accordance with 105.410 if this subpart. and approval no later than 30 days after completion of the audit
and a letter certifying that the amended FSP meets the applicable
(b) Audits. requirements of this part.

(1) The FSO must ensure an audit of the FSP is performed [USCG-2003-14732, 68 FR 39322, July 1, 2003, as amended at
annually, beginning no later than one year from the initial date of 68 FR 60542, Oct. 22, 2003].
approval, and attach a letter to the FSP certifying that the FSP

160
Appendix A to Part 105-Facility Vulnerability and Security Measures Summary
(Form CG-6025)

161
162
163
164
PART 106-Maritime Security: Outer Continental Shelf (OCS)
Facilities
Subpart A-General 104 of this subchapter, operating on the Outer Continental Shelf
(OCS) of the United States for the purposes of engaging in the
Sec. exploration, development, or production of oil, natural gas, or
106.100 Definitions. mineral resources that are regulated by 33 CFR subchapter N,
106.105 Applicability. that meet the following operating conditions:
106.110 Compliance dates.
106.115 Compliance documentation. (1) Hosts more than 150 persons for 12 hours or more in each 24-
106.120 Noncompliance. hour period continuously for 30 days or more;
106.125 Waivers.
106.130 Equivalents. (2) Produces greater than 100,000 barrels of oil per day; or
106.135 Alternative Security Program.
106.140 Maritime Security (MARSEC) Directive. (3) Produces greater than 200 million cubic feet of natural gas per
106.145 Right to appeal. day.

Subpart B-Outer Continental Shelf (OCS) Facility (b) The TWIC requirements found in this part do not apply to
Security Requirements mariners employed aboard vessels moored at U.S. OCS facilities
only when they are working immediately adjacent to their vessels
106.200 Owner or operator. in the conduct of vessel activities.
106.205 Company Security Officer (CSO).
106.210 Facility Security Officer (FSO). [USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended by
106.215 Company or OCS facility personnel with security duties. USCG-2006-24196, 72 FR 55048, Sept. 28, 2007]
106.220 Security training for all other OCS facility personnel.
106.225 Drill and exercise requirements. 106.110 Compliance dates.
106.230 OCS facility recordkeeping requirements. (a) On or before December 31, 2003, OCS facility owners or
106.235 Maritime Security (MARSEC) Level coordination and operators must submit to the cognizant District Commander for
implementation. each OCS facility
106.240 Communications.
106.245 Procedures for interfacing with vessels. (1) The Facility Security Plan described in subpart D of this part
106.250 Declaration of Security (DoS). for review and approval; or
106.255 Security systems and equipment maintenance.
106.260 Security measures for access control. (2) If intending to operate under an approved Alternative Security
106.265 Security measures for restricted areas. Program, a letter signed by the OCS facility owner or operator
106.270 Security measures for delivery of stores and industrial stating which approved Alternative Security Program the owner or
supplies. operator intends to use.
106.275 Security measures for monitoring.
106.280 Security incident procedures. (b) On or before July 1, 2004, each OCS facility owner or operator
must be operating in compliance with this part.
Subpart C-Outer Continental Shelf (OCS) Facility
Security Assessment (FSA) (c) OCS facilities built on or after July 1, 2004, must submit for
approval an FSP 60 days prior to beginning operations.
106.300 General.
106.305 Facility Security Assessment (FSA) requirements. (d) Persons required to obtain a TWIC under this part may enroll
106.310 Submission requirements. beginning after the date set by the Coast Guard in a Notice to be
published in the Federal Register. This notice will be directed to
Subpart D-Outer Continental Shelf (OCS) Facility all facilities and vessels within a specific COTP zone.
Security Plan (FSP)
(e) Facility owners or operators must be operating in accordance
106.400 General. with the TWIC provisions in this part by the date set by the Coast
106.405 Format and Content of the Facility Security Plan (FSP). Guard in a Notice to be published in the Federal Register. This
106.410 Submission and approval. Notice will be published at least 90 days before compliance must
106.415 Amendment and audit. begin, and will be directed to all facilities within a specific Captain
of the Port zone, based on whether enrollment has been
Authority:33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 completed in that zone. Unless an earlier compliance date is
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; specified in this manner, all facility owner or operators will need to
Department Of Homeland Security Delegation No. 0170.1. implement their TWIC provisions no later than April 15, 2009.

Source:USCG-2003-14759, 68 FR 39345, July 1, 2003, unless [USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at
otherwise noted. 68 FR 60557, Oct. 22, 2003; USCG-2006-24196, 72 FR 3585,
____________________________________________________ Jan. 25, 2007; 73 FR 25565, May 7, 2008]

Subpart A-General 106.115 Compliance documentation.


Each OCS facility owner or operator subject to this part must
106.100 Definitions. ensure before July 1, 2004, that copies of the following
Except as specifically stated in this subpart, the definitions in part documentation are available at the OCS facility and are made
101 of this subchapter apply to this part. available to the Coast Guard upon request:

106.105 Applicability. (a) The approved Facility Security Plan (FSP) and any approved
(a) The requirements in this part apply to owners and operators of revisions or amendments thereto, and a letter of approval from
any fixed or floating facility, including MODUs not subject to part the cognizant District Commander dated within the last 5 years;

165
(b) The FSP submitted for approval and current written OCS facility operates in compliance with the requirements of this
acknowledgment from the cognizant District Commander, stating part.
that the Coast Guard is currently reviewing the FSP submitted for
approval and that the OCS facility may continue to operate so (b) For each OCS facility, the OCS facility owner or operator must:
long as the OCS facility remains in compliance with the submitted
FSP; or (1) Define the security organizational structure for each OCS
facility and provide each person exercising security duties or
(c) For OCS facilities operating under a Coast Guard-approved responsibilities within that structure the support needed to fulfill
Alternative Security Program as provided in 106.135, a copy of those obligations;
the Alternative Security Program the OCS facility is using,
including a facility specific security assessment report generated (2) Designate in writing, by name or title, a Company Security
under the Alternative Security Program, as specified in Officer (CSO) and a Facility Security Officer (FSO) for each OCS
101.120(b)(3) of this subchapter, and a letter signed by the OCS facility and identify how those officers can be contacted at any
facility owner or operator, stating which Alternative Security time;
Program the OCS facility is using and certifying that the OCS
facility is in full compliance with that program. (3) Ensure that a Facility Security Assessment (FSA) is conducted;

[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at (4) Ensure the development and submission for approval of a
68 FR 60558, Oct. 22, 2003] Facility Security Plan (FSP);

106.120 Noncompliance. (5) Ensure that the OCS facility operates in compliance with the
When an OCS facility must temporarily deviate from the approved FSP;
requirements of this part, the OCS facility owner or operator must
notify the cognizant District Commander, and either suspend (6) Ensure that the TWIC program is properly implemented as set
operations or request and receive permission from the District forth in this part, including:
Commander to continue operating.
(i) Ensuring that only individuals who hold a TWIC and are
[USCG-2003-14759, 68 FR 60558, Oct. 22, 2003] authorized to be in the secure area are permitted to escort; and

106.125 Waivers. (ii) Identifying what action is to be taken by an escort, or other


Any OCS facility owner or operator may apply for a waiver of any authorized individual, should individuals under escort engage in
requirement of this part that the OCS facility owner or operator activities other than those for which escorted access was granted.
considers unnecessary in light of the nature or operating
conditions of the OCS facility. A request for a waiver must be (7) Ensure that adequate coordination of security issues takes
submitted in writing with justification to the cognizant District place between OCS facilities and vessels, including the execution
Commander. The cognizant District Commander may require the of a Declaration of Security (DoS) as required by this part;
OCS facility owner or operator to provide additional data for use in
determining the validity of the requested waiver. The cognizant (8) Ensure, within 12 hours of notification of an increase in
District Commander may grant a waiver, in writing, with or without MARSEC Level, implementation of the additional security
conditions only if the waiver will not reduce the overall security of measures required by the FSP for the new MARSEC Level;
the OCS facility, its personnel, or visiting vessels.
(9) Ensure all breaches of security and security incidents are
106.130 Equivalents. reported in accordance with part 101 of this subchapter;
For any measure required by this part, the OCS facility owner or
operator may propose an equivalent, as provided in 101.130 of (10) Ensure consistency between security requirements and
this subchapter. safety requirements;

106.135 Alternative Security Program. (11) Inform OCS facility personnel of their responsibility to apply
An OCS facility owner or operator may use an Alternative Security for and maintain a TWIC, including the deadlines and methods for
Program approved under 101.120 of this subchapter if: such applications, and of their obligation to inform TSA of any
event that would render them ineligible for a TWIC, or which
(a) The Alternative Security Program is appropriate to that OCS would invalidate their existing TWIC;
facility;
(12) Ensure that protocols consistent with 106.260(c) of this part,
(b) The OCS facility does not serve vessels on international for dealing with individuals requiring access who report a lost,
voyages; and damaged, or stolen TWIC, or who have applied for and not yet
received a TWIC, are in place; and
(c) The Alternative Security Program is implemented in its entirety.
(13) If applicable, ensure that protocols consistent with 106.262
106.140 Maritime Security (MARSEC) Directive. of this part, for dealing with newly hired employees who have
All OCS facility owners or operators subject to this part must applied for and not yet received a TWIC, are in place.
comply with any instructions contained in a MARSEC Directive
issued under 101.405 of this subchapter. [USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at
68 FR 60558, Oct. 22, 2003; USCG-2006-24196, 72 FR 3585,
106.145 Right to appeal. Jan. 25, 2007]
Any person directly affected by a decision or action taken under
this part, by or on behalf of the Coast Guard, may appeal as 106.205 Company Security Officer (CSO).
described in 101.420 of this subchapter. (a) General.

Subpart B-Outer Continental Shelf (OCS) Facility (1) An OCS facility owner or operator may designate a single
Security Requirements CSO for all its OCS facilities to which this part applies, or may
designate more than one CSO, in which case the owner or
106.200 Owner or operator. operator must clearly identify the OCS facilities for which each
(a) Each OCS facility owner or operator must ensure that the CSO is responsible.

166
(2) A CSO may perform other duties within the owner's or information relevant to its security;
operator's organization, including the duties of a Facility Security
Officer, provided he or she is able to perform the duties and (2) Ensure that a Facility Security Assessment (FSA) is carried
responsibilities required of the CSO. out in compliance with this part;

(3) The CSO may delegate duties required by this part, but (3) Ensure that a Facility Security Plan (FSP) is developed,
remains responsible for the performance of those duties. approved, maintained, and implemented in compliance with this
part;
(4) The CSO must maintain a TWIC.
(4) Ensure that the FSP is modified when necessary to comply
(b) Qualifications. The CSO must have general knowledge, with this part;
through training or equivalent job experience, in the following:
(5) Ensure that OCS facility security activities are audited in
(1) Security administration and organization of the OCS facility; compliance with this part;

(2) OCS facility and vessel operations and conditions; (6) Ensure the timely correction of problems identified by audits or
inspections;
(3) OCS facility and vessel security measures including the
meaning and consequential requirements of the different (7) Enhance security awareness and vigilance within the owner's
MARSEC Levels; or operator's organization;

(4) Emergency preparedness and response and contingency (8) Ensure relevant personnel receive adequate security training
planning; in compliance with this part;

(5) Security equipment and systems and their operational (9) Ensure communication and cooperation between the OCS
limitations; facility and vessels that interface with it, in compliance with this
part;
(6) Methods of conducting audits, inspection, control, and
monitoring; and (10) Ensure consistency between security requirements and
safety requirements in compliance with this part;
(7) Techniques for security training and education, including
security measures and procedures. (11) Ensure that if a common FSP is prepared for more than one
similar OCS facility, the FSP reflects any OCS facility specific
(c) In addition to the knowledge and training in paragraph (b) of characteristics; and
this section, the CSO must have general knowledge, through
training or equivalent job experience, in the following, as (12) Ensure compliance with an Alternative Security Program or
appropriate: equivalents approved under this subchapter, if appropriate.

(1) Relevant international conventions, codes, and (13) Ensure the TWIC program is being properly implemented.
recommendations;
[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917,
(2) Relevant government legislation and regulations; July 16, 2003, as amended at 68 FR 60558, Oct. 22, 2003;
USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]
(3) Responsibilities and functions of other security organizations;
106.210 OCS Facility Security Officer (FSO).
(4) Methodology of Facility Security Assessment. (a) General.

(5) Methods of OCS facility security surveys and inspections; (1) The FSO may perform other duties within the owner's or
operator's organization, provided he or she is able to perform the
(6) Handling sensitive security information (SSI) and security duties and responsibilities required of the FSO of each such OCS
related communications; facility.

(7) Knowledge of current security threats and patterns; (2) The same person may serve as the FSO for more than one
OCS facility, provided the facilities are within a reasonable
(8) Recognition and detection of dangerous substances and proximity to each other. If a person serves as the FSO for more
devices; than one OCS facility, the name of each OCS facility for which he
or she is the FSO must be listed in the Facility Security Plan (FSP)
(9) Recognition of characteristics and behavioral patterns of of each OCS facility for which he or she is the FSO.
persons who are likely to threaten security;
(3) The FSO may assign security duties to other OCS facility
(10) Techniques used to circumvent security measures; personnel; however, the FSO remains responsible for these
duties.
(11) Methods of physical screening and non-intrusive inspections;
and (4) The FSO must maintain a TWIC.

(12) Conducting and assessing security drills and exercises. (b) Qualifications. The FSO must have general knowledge,
through training or equivalent job experience, in the following:
(13) Knowledge of TWIC requirements.
(1) Those items listed in 106.205(b), and as appropriate
(d) Responsibilities. In addition to any other duties required by 106.205(c), of this part;
this part, for each OCS facility for which the CSO is responsible,
the CSO must: (2) OCS facility layout;

(1) Keep the OCS facility apprised of potential threats or other (3) The FSP and related procedures; and

167
(4) Operation, testing and maintenance of security equipment and (d) Recognition of techniques used to circumvent security
systems. measures;

(c) Responsibilities. In addition to any other responsibilities (e) Security related communications;
specified elsewhere in this part, the FSO must, for each OCS
facility for which he or she has been designated: (f) Knowledge of emergency procedures and contingency plans;

(1) Regularly inspect the OCS facility to ensure that security (g) Operation of security equipment and systems;
measures are maintained in compliance with this part;
(h) Testing, calibration, and maintenance of security equipment
(2) Ensure the maintenance of and supervision of the and systems;
implementation of the FSP, and any amendments to the FSP, in
compliance with this part; (i) Inspection, control, and monitoring techniques;

(3) Ensure the coordination and handling of stores and industrial (j) Methods of physical screenings of persons, personal effects,
supplies in compliance with this part; stores and industrial supplies;

(4) Where applicable, propose modifications to the FSP to the (k) Familiarity with all relevant aspects of the TWIC program and
Company Security Officer (CSO); how to carry them out;

(5) Ensure that any problems identified during audits or (l) Relevant provisions of the Facility Security Plan (FSP); and
inspections are reported to the CSO, and promptly implement any
corrective actions; (m) The meaning and the consequential requirements of the
different MARSEC Levels.
(6) Ensure security awareness and vigilance on board the OCS
facility; [USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917,
July 16, 2003, as amended by USCG-2006-24196, 72 FR 3586,
(7) Ensure adequate security training for OCS facility personnel in Jan. 25, 2007]
compliance with this part;
106.220 Security training for all other OCS facility personnel.
(8) Ensure the reporting and recording of all security incidents in All other OCS facility personnel, including contractors, whether
compliance with this part; part-time, full-time, temporary, or permanent, must have
knowledge, through training or equivalent job experience, of the
(9) Ensure the coordinated implementation of the FSP with the following, as appropriate:
CSO;
(a) Relevant provisions of the Facility Security Plan (FSP);
(10) Ensure that security equipment is properly operated, tested,
calibrated and maintained in compliance with this part; (b) The meaning and the consequential requirements of the
different MARSEC Levels including emergency procedures and
(11) Ensure consistency between security requirements and the contingency plans;
proper treatment of OCS facility personnel affected by those
requirements; (c) Recognition and detection of dangerous substances and
devices;
(12) Ensure that occurrences that threaten the security of the
OCS facility are recorded and reported to the CSO; (d) Recognition of characteristics and behavioral patterns of
persons who are likely to threaten security; and
(13) Ensure that when changes in the MARSEC Level are
attained they are recorded and reported to the CSO, OCS facility (e) Recognition of techniques used to circumvent security
owner or operator, and the cognizant District Commander; and measures.

(14) Have prompt access to a copy of the FSA, along with an (f) Familiarity with all relevant aspects of the TWIC program and
approved copy of the FSP. how to carry them out.

(15) Ensure the TWIC program is properly implemented. [USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at
68 FR 60558, Oct. 22, 2003; USCG-2006-24196, 72 FR 3586,
[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended by Jan. 25, 2007]
USCG-2006-24196, 72 FR 3585, Jan. 25, 2007]
106.225 Drill and exercise requirements.
106.215 Company or OCS facility personnel with security (a) General.
duties.
Company and OCS facility personnel responsible for security (1) Drills and exercises must test the proficiency of facility
duties must maintain a TWIC, and must have knowledge, through personnel in assigned security duties at all MARSEC Levels and
training or equivalent job experience, in the following, as the effective implementation of the Facility Security Plan (FSP).
appropriate: They must enable the Facility Security Officer (FSO) to identify
any related security deficiencies that need to be addressed.
(a) Knowledge of current and anticipated security threats and
patterns. (2) A drill or exercise required by this section may be satisfied
with the implementation of security measures required by the FSP
(b) Recognition and detection of dangerous substances and as the result of an increase in the MARSEC Level, provided the
devices; FSO reports attainment to the cognizant District Commander.

(c) Recognition of characteristics and behavioral patterns of (b) Drills.


persons who are likely to threaten security;
(1) From the date of the FSP approval, the FSO must ensure that

168
at least one security drill is conducted every 3 months. Security (4) Changes in MARSEC Levels. Date and time of the
drills may be held in conjunction with non-security drills, where notification received, and the time of compliance with additional
appropriate. requirements;

(2) Drills must test individual elements of the FSP, including (5) Maintenance, calibration, and testing of security
response to security threats and incidents. Drills should take into equipment. For each occurrence of maintenance, calibration, and
account the types of operations of the OCS facility, OCS facility testing, record the date and time, and the specific security
personnel changes, the types of vessels calling at the OCS equipment involved;
facility, and other relevant circumstances. Examples of drills
include unauthorized entry to a restricted area, response to (6) Security threats. Date and time of occurrence, how the threat
alarms, and notification of appropriate authorities. was communicated, who received or identified the threat, a
description of the threat, to whom it was reported, and a
(3) If a vessel is conducting operations with the OCS facility on description of the response;
the date the OCS facility has planned to conduct any drills, the
OCS facility may include, but cannot require, the vessel or vessel (7) Declaration of Security (DoS). A copy of each DoS for at
personnel to participate in the OCS facility's scheduled drill. least 90 days after the end of its effective period; and

(c) Exercises. (8) Annual audit of the Facility Security Plan (FSP). For each
annual audit, a letter certified by the FSO stating the date the
(1) From the date of the FSP approval, exercises must be audit was conducted.
conducted at least once each calendar year, with no more than 18
months between exercises. [USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at
68 FR 60558, Oct. 22, 2003]
(2) Exercises may be:
106.235 Maritime Security (MARSEC) Level coordination
(i) Full scale or live; and implementation.
(a) The OCS facility owner or operator must ensure the OCS
(ii) Tabletop simulation; facility operates in compliance with the security requirements in
this part for the MARSEC Level in effect for the OCS facility.
(iii) Combined with other appropriate exercises held; or
(b) When notified of an increase in the MARSEC Level, the OCS
(iv) A combination of the elements in paragraphs (c)(2)(i) through facility owner or operator must ensure:
(iii) of this section.
(1) Vessels conducting operations with the OCS facility and
(3) Exercises may be facility-specific or part of a cooperative vessels scheduled to arrive at the OCS facility within 96 hours of
exercise program. the MARSEC Level change are notified of the new MARSEC
Level and the Declaration of Security (DoS), if applicable, is
(4) Each exercise must test communication and notification revised as necessary;
procedures, and elements of coordination, resource availability,
and response. (2) The OCS facility complies with the required additional security
measures within 12 hours; and
(5) Exercises are a full test of the Facility Security Plan and must
include substantial and active participation of relevant company (3) The OCS facility reports compliance or noncompliance to the
and OCS facility personnel, and may include governmental cognizant District Commander.
authorities and vessels depending on the scope and the nature of
the exercise. (c) For MARSEC Levels 2 and 3, the Facility Security Officer
(FSO) must inform all OCS facility personnel about identified
[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at threats, emphasize reporting procedures, and stress the need for
68 FR 60558, Oct. 22, 2003] increased vigilance.

106.230 OCS facility recordkeeping requirements. (d) An OCS facility owner or operator whose facility is not in
(a) Unless otherwise specified in this section, the Facility Security compliance with the requirements of this section must so inform
Officer (FSO) must keep records of the activities as set out in the cognizant District Commander and obtain approval prior to
paragraph (b) of this section for at least 2 years and make them interfacing with another vessel or prior to continuing operations.
available to the Coast Guard upon request.
[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917,
(b) Records required by this section may be kept in electronic July 16, 2003]
format. If kept in an electronic format, they must be protected
against unauthorized access, deletion, destruction, amendment, 106.240 Communications.
and disclosure. The following records must be kept: (a) The Facility Security Officer (FSO) must have a means to
effectively notify OCS facility personnel of changes in security
(1) Training. For training under 106.215, the date of each conditions at the OCS facility.
session, duration of session, a description of the training, and a
list of attendees; (b) Communication systems and procedures must allow effective
and continuous communications between the OCS facility security
(2) Drills and exercises. For each drill or exercise, the date held, personnel, vessels interfacing with the OCS facility, the cognizant
a description of the drill or exercise, a list of participants, and any District Commander, and national and local authorities with
best practices or lessons learned which may improve the FSP; security responsibilities.

(3) Incidents and breaches of security. Date and time of (c) Facility communications systems must have a backup means
occurrence, location within the OCS facility, a description of the for both internal and external communications.
incident or breach, the identity of the individual to whom it was
reported, and a description of the response; [USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917,
July 16, 2003]

169
106.245 Procedures for interfacing with vessels. by the OCS facility owner or operator to be on board;
The OCS facility owner or operator must ensure that there are
measures for interfacing with vessels at all MARSEC Levels. (3) Control access to the OCS facility; and

106.250 Declaration of Security (DoS). (4) Prevent an unescorted individual from entering the OCS
(a) Each OCS facility owner or operator must ensure procedures facility unless the individual holds a duly issued TWIC and is
are established for requesting a DoS and for handling DoS authorized to be on the OCS facility.
requests from vessels.
(b) The OCS facility owner or operator must ensure that the
(b) At MARSEC Level 1, owners or operators of OCS facilities following are specified:
interfacing with a manned vessel carrying Certain Dangerous
Cargoes, in bulk, must: (1) All locations providing means of access to the OCS facility
where access restrictions or prohibitions are applied for each
(1) Prior to the arrival of a vessel to the OCS facility, ensure the security level to prevent unauthorized access, including those
Facility Security Officer (FSO) and Master, Vessel Security Officer points where TWIC access control procedures will be applied;
(VSO), or their designated representatives coordinate security
needs and procedures, and agree upon the contents of a DoS for (2) The identification of the types of restriction or prohibition to be
the period of time the vessel is at the OCS facility; and applied and the means of enforcing them;

(2) Upon the arrival of the vessel at the OCS facility, the FSO and (3) The means used to establish the identity of individuals not in
Master, VSO, or their designated representatives, must sign the possession of a TWIC and the means by which they will be
written DoS. allowed access to the OCS facility; and

(c) Neither the OCS facility nor the vessel may embark or (4) Procedures for identifying authorized and unauthorized
disembark personnel, or transfer stores or industrial supplies until persons at any MARSEC level.
the DoS has been signed.
(c) The OCS facility owner or operator must ensure that a TWIC
(d) At MARSEC Levels 2 and 3, the FSOs of OCS facilities program is implemented as follows:
interfacing with manned vessels subject to part 104 of this chapter,
or their designated representatives, must sign and implement (1) All persons seeking unescorted access to secure areas must
DoSs as required in paragraphs (b)(1) and (b)(2) of this section. present their TWIC for inspection before being allowed
unescorted access, in accordance with 101.514 of this
(e) At MARSEC Levels 1 and 2, FSOs of OCS facilities that subchapter. Inspection must include:
frequently interface with the same vessel may implement a
continuing DoS for multiple visits, provided that: (i) A match of the photo on the TWIC to the individual presenting
the TWIC;
(1) The DoS is valid for a specific MARSEC Level;
(ii) Verification that the TWIC has not expired; and
(2) The effective period at MARSEC Level 1 does not exceed 90
days; and (iii) A visual check of the various security features present on the
card to determine whether the TWIC has been tampered with or
(3) The effective period at MARSEC Level 2 does not exceed 30 forged.
days.
(2) If an individual cannot present a TWIC because it has been
(f) When the MARSEC Level increases beyond that contained in lost, damaged or stolen, and he or she has previously been
the DoS, the continuing DoS is void and a new DoS must be granted unescorted access to the facility and is known to have
executed in accordance with this section. had a valid TWIC, the individual may be given unescorted access
to secure areas for a period of no longer than seven consecutive
[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, calendar days if:
July 16, 2003, as amended at 68 FR 60558, Oct. 22, 2003]
(i) The individual has reported the TWIC as lost, damaged or
106.255 Security systems and equipment maintenance. stolen to TSA as required in 49 CFR 1572.19(f);
(a) Security systems and equipment must be in good working
order and inspected, tested, calibrated, and maintained according (ii) The individual can present another identification credential that
to manufacturers' recommendations. meets the requirements of 101.515 of this subchapter; and

(b) Security systems must be regularly tested in accordance with (iii) There are no other suspicious circumstances associated with
the manufacturers' recommendations; noted deficiencies the individual's claim of loss or theft.
corrected promptly; and the results recorded as required in
106.230(b)(5) of this part. (3) If an individual cannot present his or her TWIC for any other
reason than outlined in paragraph (c)(2) of this section, he or she
(c) The Facility Security Plan (FSP) must include procedures for may not be granted unescorted access to the secure area. The
identifying and responding to security system and equipment individual must be under escort, as that term is defined in part 101
failures or malfunctions. of this subchapter, at all times when inside of a secure area.

106.260 Security measures for access control. (4) With the exception of persons granted access according to
(a) General. The OCS facility owner or operator must ensure the paragraph (c)(2) of this section, all persons granted unescorted
implementation of security measures to: access to secure areas of the facility must be able to produce his
or her TWIC upon request.
(1) Deter the unauthorized introduction of dangerous substances
and devices, including any device intended to damage or destroy (5) There must be disciplinary measures in place to prevent fraud
persons, vessels, or the OCS facility; and abuse.

(2) Secure dangerous substances and devices that are authorized (6) The facility's TWIC program should be coordinated, when

170
practicable, with identification and TWIC access control measures MARSEC Level 2 in the approved FSP;
of vessels or other transportation conveyances that use the facility.
(2) Assigning additional personnel to patrol deck areas during
(d) If the OCS facility owner or operator uses a separate periods of reduced OCS facility operations to deter unauthorized
identification system, ensure that it is coordinated with access;
identification and TWIC systems in place on vessels conducting
operations with the OCS facility. (3) Limiting the number of access points to the OCS facility by
closing and securing some access points; or
(e) The OCS facility owner or operator must establish in the
approved Facility Security Plan (FSP) the frequency of application (4) Deterring waterside access to the OCS facility, which may
of any access controls, particularly if they are to be applied on a include, providing boat patrols.
random or occasional basis.
(h) MARSEC Level 3. In addition to the security measures
(f) MARSEC Level 1. The OCS facility owner or operator must required for MARSEC Level 1 and MARSEC Level 2, at MARSEC
ensure the following security measures are implemented at the level 3, the facility owner or operator must ensure the
facility: implementation of additional security measures, as specified for
MARSEC Level 3 in their approved FSP. The additional security
(1) Implement TWIC as set out in paragraph (c) of this section. measures may include:

(2) Screen persons and personal effects going aboard the OCS (1) Screening all persons and personal effects for dangerous
facility for dangerous substances and devices at the rate specified substances and devices;
in the approved FSP;
(2) Being prepared to cooperate with responders;
(3) Conspicuously post signs that describe security measures
currently in effect and clearly stating that: (3) Limiting access to the OCS facility to a single, controlled
access point;
(i) Boarding an OCS facility is deemed valid consent to screening
or inspection; and (4) Granting access to only those responding to the security
incident or threat thereof;
(ii) Failure to consent or submit to screening or inspection will
result in denial or revocation of authorization to be on board; (5) Suspending embarkation and/or disembarkation of personnel;

(4) Check the identification of any person seeking to board the (6) Suspending the loading of stores or industrial supplies;
OCS facility, including OCS facility employees, passengers and
crews of vessels interfacing with the OCS facility, vendors, and (7) Evacuating the OCS facility; or
visitors and ensure that non-TWIC holders are denied unescorted
access to the OCS facility; (8) Preparing for a full or partial search of the OCS facility.

(5) Deny or revoke a person's authorization to be on board if the [USCG-2006-24196, 72 FR 3586, Jan. 25, 2007]
person is unable or unwilling, upon the request of OCS facility
personnel or a law enforcement officer, to establish his or her 106.265 Security measures for restricted areas.
identity in accordance with this part or to account for his or her (a) General. The OCS facility owner or operator must ensure the
presence on board. Any such incident must be reported in designation of restricted areas in order to:
compliance with this part;
(1) Prevent or deter unauthorized access;
(6) Deter unauthorized access to the OCS facility;
(2) Protect persons authorized to be in the OCS facility;
(7) Identify access points that must be secured or attended to
deter unauthorized access; (3) Protect the OCS facility;

(8) Lock or otherwise prevent access to unattended spaces that (4) Protect vessels using and serving the OCS facility;
adjoin areas to which OCS facility personnel and visitors have
access; (5) Protect sensitive security areas within the OCS facility;

(9) Ensure OCS facility personnel are not required to engage in or (6) Protect security and surveillance equipment and systems; and
be subjected to screening, of the person or of personal effects, by
other OCS facility personnel, unless security clearly requires it; (7) Protect stores and industrial supplies from tampering.

(10) Provide a designated secure area on board, or in liaison with (b) Designation of restricted areas. The OCS facility owner or
a vessel interfacing with the OCS facility, for conducting operator must ensure restricted areas are designated within the
inspections and screening of people and their personal effects; OCS facility. They must also ensure that all restricted areas are
and clearly marked and indicate that access to the area is restricted
and that unauthorized presence within the area constitutes a
(11) Respond to the presence of unauthorized persons on board. breach of security. The OCS facility owner or operator may
designate the entire OCS facility as a restricted area. Restricted
(g) MARSEC Level 2. In addition to the security measures areas must include, as appropriate:
required for MARSEC Level 1 in this section, at MARSEC Level 2,
the OCS facility owner or operator must ensure the (1) Areas containing sensitive security information;
implementation of additional security measures, as specified for
MARSEC Level 2 in the approved FSP. These additional security (2) Areas containing security and surveillance equipment and
measures may include: systems and their controls, and lighting system controls; and

(1) Increasing the frequency and detail of screening of people and (3) Areas containing critical OCS facility infrastructure equipment,
personal effects embarking onto the OCS facility as specified for including:

171
(i) Water supplies; equipment;

(ii) Telecommunications; (5) Increasing the number and frequency of patrols, including the
use of waterborne patrols; or
(iii) Power distribution system;
(6) Restricting access to areas adjacent to the restricted areas.
(iv) Access points for ventilation and air-conditioning systems;
(f) MARSEC Level 3. In addition to the security measures
(v) Manufacturing areas and control rooms; required for MARSEC Level 1 and MARSEC Level 2, at MARSEC
Level 3, the OCS facility owner or operator must ensure the
(vi) Areas designated for loading, unloading or storage of stores implementation of additional security measures, as specified for
and industrial supplies; and MARSEC Level 3 in their approved FSP. These additional
security measures may include:
(vii) Areas containing hazardous materials.
(1) Restricting access to additional areas;
(c) The OCS facility owner or operator must ensure that the
Facility Security Plan (FSP) includes measures for restricted (2) Prohibiting access to restricted areas; or
areas to:
(3) Searching restricted areas as part of a security sweep of all or
(1) Identify which OCS facility personnel are authorized to have part of the OCS facility.
access;
[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at
(2) Determine which persons other than OCS facility personnel 68 FR 60558, Oct. 22, 2003]
are authorized to have access;
106.270 Security measures for delivery of stores and
(3) Determine the conditions under which that access may take industrial supplies.
place; (a) General. The OCS facility owner or operator must ensure that
security measures relating to the delivery of stores or industrial
(4) Define the extent of any restricted area; and supplies to the OCS facility are implemented to:

(5) Define the times when access restrictions apply. (1) Check stores or industrial supplies for package integrity;

(d) MARSEC Level 1. At MARSEC Level 1, the OCS facility (2) Prevent stores or industrial supplies from being accepted
owner or operator must ensure the implementation of security without inspection;
measures to prevent unauthorized access or activities within the
area. These security measures may include: (3) Deter tampering; and

(1) Restricting access to only authorized personnel; (4) Prevent stores and industrial supplies from being accepted
unless ordered. For any vessels that routinely use an OCS facility,
(2) Securing all access points not actively used and providing an OCS facility owner or operator may establish and implement
physical barriers to impede movement through the remaining standing arrangements between the OCS facility, its suppliers,
access points; and any vessel delivering stores or industrial supplies regarding
notification and the timing of deliveries and their documentation.
(3) Verifying the identification and authorization of all persons
seeking entry; (b) MARSEC Level 1. At MARSEC Level 1, the OCS facility
owner or operator must ensure the implementation of measures
(4) Using security personnel, automatic intrusion detection to:
devices, surveillance equipment, or surveillance systems to detect
unauthorized entry to or movement within restricted areas; or (1) Inspect stores or industrial supplies before being accepted;
and
(5) Designating temporary restricted areas to accommodate OCS
facility operations. If temporary restricted areas are designated, (2) Check that stores or industrial supplies match the order prior
the FSP must include security requirements to conduct a security to being brought on board.
sweep of the designated temporary restricted areas both before
and after the area has been established. (c) MARSEC Level 2. In addition to the security measures
required for MARSEC Level 1 in this section, at MARSEC Level 2,
(e) MARSEC Level 2. In addition to the security measures the OCS facility owner or operator must also ensure the
required for MARSEC Level 1 in this section, at MARSEC Level 2, implementation of additional security measures, as specified for
the OCS facility owner or operator must also ensure the MARSEC Level 2 in the approved Facility Security Plan (FSP).
implementation of additional security measures, as specified for These additional security measures may include:
MARSEC Level 2 in their approved FSP. These additional
security measures may include: (1) Intensifying inspection of the stores or industrial supplies
during delivery; or
(1) Enhancing the effectiveness of the barriers surrounding
restricted areas, for example, by the use of patrols or automatic (2) Checking stores or industrial supplies prior to receiving them
intrusion detection devices; on board.

(2) Reducing the number of access points to restricted areas, and (d) MARSEC Level 3. In addition to the security measures for
enhancing the controls applied at the remaining accesses; MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the
OCS facility owner or operator must ensure the implementation of
(3) Further restricting access to the restricted areas and additional security measures, as specified for MARSEC Level 3 in
movements and storage within them; the approved FSP. These additional security measures may
include:
(4) Using continuously monitored and recorded surveillance

172
(1) Checking all OCS facility stores or industrial supplies more (d) MARSEC Level 3. In addition to the security measures for
extensively; MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the
OCS facility owner or operator must ensure the implementation of
(2) Restricting or suspending delivery of stores or industrial additional security measures, as specified for MARSEC Level 3 in
supplies; or the approved FSP. These additional security measures may
include:
(3) Refusing to accept stores or industrial supplies on board.
(1) Cooperating with responders;
106.275 Security measures for monitoring.
(a) General. (2) Switching on all lights;

(1) The OCS facility owner or operator must ensure the (3) Switching on all surveillance equipment capable of recording
implementation of security measures in this section and have the activities on, or in the vicinity of, the OCS facility;
capability to continuously monitor, through a combination of
lighting, watchkeepers, security guards, deck watches, (4) Maximizing the length of time such surveillance equipment (if
waterborne patrols, automatic intrusion-detection devices, or not already in use) can continue to record; or
surveillance equipment as specified in their approved Facility
Security Plan (FSP), the: (5) Preparing for underwater inspection of the OCS facility.

(i) OCS facility; [USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917,


July 16, 2003, as amended at 68 FR 60558, Oct. 22, 2003].
(ii) Restricted areas on board the OCS facility; and
106.280 Security incident procedures.
(iii) The area surrounding the OCS facility. For each MARSEC Level, the OCS facility owner or operator must
ensure the Facility Security Officer (FSO) and OCS facility
(2) The following must be considered when establishing the security personnel are able to:
appropriate level and location of lighting:
(a) Respond to security threats or breaches of security and
(i) OCS facility personnel should be able to detect activities on maintain critical OCS facility and OCS facility-to-vessel interface
and around OCS facilities; operations;

(ii) Coverage should facilitate personnel identification at access (b) Deny access to the OCS facility, except to those responding to
points; and an emergency;

(iii) Lighting effects, such as glare, and their impact on safety, (c) Evacuate the OCS facility in case of security threats or
navigation, and other security activities. breaches of security; and

(b) MARSEC Level 1. At MARSEC Level 1, the OCS facility (d) Report security incidents as required in 101.305 of this
owner or operator must ensure the implementation of security subchapter;
measures, which may be implemented in coordination with a
vessel interfacing with the OCS facility, to: (e) Brief all OCS facility personnel on possible threats and the
need for vigilance, soliciting their assistance in reporting
(1) Monitor the OCS facility, particularly OCS facility access points suspicious persons, objects, or activities; and
and restricted areas;
(f) Secure non-critical operations in order to focus response on
(2) Be able to conduct emergency searches of the OCS facility; critical operations.

(3) Ensure that equipment or system failures or malfunctions are [USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917,
identified and corrected; July 16, 2003].

(4) Ensure that any automatic intrusion detection device, sets off Subpart C-Outer Continental Shelf (OCS) Facility
an audible or visual alarm, or both, at a location that is Security Assessment (FSA)
continuously attended or monitored; and 106.300 General.
(a) The Facility Security Assessment (FSA) is a written document
(5) Light deck and OCS facility access points during the period that is based on the collection of background information, the
between sunset and sunrise and periods of limited visibility completion of an on-scene survey and an analysis of that
sufficiently to allow visual identification of persons seeking access information.
to the OCS facility.
(b) A single FSA may be performed and applied to more than one
(c) MARSEC Level 2. In addition to the security measures OCS facility to the extent they share physical characteristics,
required for MARSEC Level 1 in this section, at MARSEC Level 2, location, and operations.
the OCS facility owner or operator must also ensure the
implementation of additional security measures, as specified for (c) Third parties may be used in any aspect of the FSA if they
MARSEC Level 2 in the approved FSP. These additional security have the appropriate skills and if the Company Security Officer
measures may include: (CSO) reviews and accepts their work.

(1) Increasing the frequency and detail of security patrols; (d) Those involved in a FSA must be able to draw upon expert
assistance in the following areas, as appropriate:
(2) Using (if not already in use) or increasing the use of security
and surveillance equipment; (1) Knowledge of current and anticipated security threats and
patterns;
(3) Assigning additional personnel as security lookouts; or
(2) Recognition and detection of dangerous substances and
(4) Coordinating with boat patrols, when provided. devices;

173
(3) Recognition of characteristics and behavioral patterns of The on-scene survey examines and evaluates existing OCS
persons who are likely to threaten security; facility protective measures, procedures, and operations to verify
or collect the information required in paragraph (a) of this section.
(4) Recognition of techniques used to circumvent security
measures; (c) Analysis and recommendations. In conducting the FSA, the
OCS owner or operator must ensure that the Company Security
(5) Methods used to cause a security incident; Officer (CSO) analyzes the OCS facility background information
and the on-scene survey, and considering the requirements of
(6) Effects of dangerous substances and devices on structures this part, provides recommendations to establish and prioritize the
and essential services; security measures that should be included in the FSP. The
analysis must consider:
(7) OCS facility security requirements;
(1) Each vulnerability found during the on-scene survey, including
(8) OCS facility and vessel interface business practices; but not limited to:

(9) Contingency planning, emergency preparedness and (i) Access to the OCS facility;
response;
(ii) Structural integrity of the OCS facility;
(10) Physical security requirements;
(iii) Existing security measures and procedures, including
(11) Radio and telecommunications systems, including computer identification systems;
systems and networks;
(iv) Existing security measures and procedures relating to
(12) Marine or civil engineering; and essential services;

(13) OCS facility and vessel operations. (v) Measures to protect radio and telecommunication equipment,
including computer systems and networks;
106.305 Facility Security Assessment (FSA) requirements.
(a) Background. The OCS facility owner or operator must ensure (vi) Existing agreements with private security companies;
that the following background information, if applicable, is
provided to the person or persons who will conduct the (vii) Any conflicting policies between safety and security
assessment: measures and procedures;

(1) The general layout of the OCS facility, including: (viii) Any conflicting OCS facility operations and security duty
assignments;
(i) The location of each access point to the OCS facility;
(ix) Any deficiencies identified during daily operations or training
(ii) The number, reliability, and security duties of OCS facility and drills; and
personnel;
(x) Any deficiencies identified following security incidents or alerts,
(iii) Security doors, barriers, and lighting; the report of security concerns, the exercise of control measures,
or audits.
(iv) The location of restricted areas;
(2) Possible security threats, including but not limited to:
(v) The emergency and stand-by equipment available to maintain
essential services; (i) Damage to or destruction of the OCS facility or of a vessel
adjacent to the OCS facility;
(vi) The essential maintenance equipment and storage areas;
(ii) Smuggling dangerous substances and devices;
(vii) Location of escape and evacuation routes and assembly
stations; and (iii) Use of a vessel interfacing with the OCS facility to carry those
intending to cause a security incident and their equipment;
(viii) Existing security and safety equipment for protection of
personnel; (iv) Use of a vessel interfacing with the OCS facility as a weapon
or as a means to cause damage or destruction; and
(2) Response procedures for fire or other emergency conditions;
(v) Effects of a nuclear, biological, radiological, explosive, or
(3) Procedures for monitoring OCS facility and vessel personnel; chemical attack to the OCS facility's shoreside support system;

(4) Procedures for controlling keys and other access prevention (3) Threat assessments by Government agencies;
systems;
(4) Vulnerabilities, including human factors, in the OCS facility's
(5) Response capability for security incidents; infrastructure, policies and procedures;

(6) Threat assessments, including the purpose and methodology (5) Any particular aspects of the OCS facility, including the
of the assessment, for the OCS facility's location; vessels that interface with the OCS facility, which make it likely to
be the target of an attack;
(7) Previous reports on security needs; and
(6) Likely consequences, in terms of loss of life, damage to
(8) Any other existing security procedures and systems, property, or economic disruption, of an attack on or at the OCS
equipment, communications, and OCS facility personnel. facility; and

(b) On-scene survey. The OCS facility owner or operator must (7) Locations where access restrictions or prohibitions will be
ensure that an on-scene survey of each OCS facility is conducted. applied for each MARSEC Level.

174
(d) FSA Report. (ii) Controlling access to the OCS facility through the use of
identification systems or otherwise;
(1) The OCS facility owner or operator must ensure that a written
FSA report is prepared and included as a part of the FSP. The (iii) Controlling the embarkation of OCS facility personnel and
report must contain: other persons and their effects (including personal effects and
baggage, whether accompanied or unaccompanied);
(i) A summary of how the on-scene survey was conducted;
(iv) Supervising the delivery of stores and industrial supplies;
(ii) A description of existing security measures, including
inspection, control and monitoring equipment, personnel (v) Monitoring restricted areas to ensure that only authorized
identification documents and communication, alarm, lighting, persons have access;
access control, and similar systems;
(vi) Monitoring deck areas and areas surrounding the OCS facility;
(iii) A description of each vulnerability found during the on-scene and
survey;
(vii) The ready availability of security communications, information,
(iv) A description of security measures that could be used to and equipment.
address each vulnerability;
(e) The FSA, FSA report, and FSP must be protected from
(v) A list of the key OCS facility operations that are important to unauthorized access or disclosure.
protect; and
[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917,
(vi) A list of identified weaknesses, including human factors, in the July 16, 2003, as amended at 68 FR 60558, Oct. 22, 2003]
infrastructure, policies, and procedures of the OCS facility.
106.310 Submission requirements.
(2) A FSA report must describe the following elements within the (a) A completed FSA report must be submitted with the Facility
OCS facility: Security Plan (FSP) required in 106.410 of this part.

(i) Physical security; (b) An OCS facility owner or operator may generate and submit a
report that contains the FSA for more than one OCS facility
(ii) Structural integrity; subject to this part, to the extent that they share similarities in
physical characteristics, location and operations.
(iii) Personnel protection systems;
(c) The FSA must be reviewed and validated, and the FSA report
(iv) Procedural policies; must be updated each time the FSP is submitted for reapproval or
revisions.
(v) Radio and telecommunication systems, including computer
systems and networks; and [USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at
68 FR 60558, Oct. 22, 2003]
(vi) Essential services.
Subpart D-Outer Continental Shelf (OCS) Facility
(3) The FSA report must list the persons, activities, services, and Security Plan (FSP)
operations that are important to protect, in each of the following
categories: 106.400 General.
(a) The OCS facility owner or operator must ensure the FSO
(i) OCS facility personnel; develops and implements a Facility Security Plan (FSP) for each
OCS facility for which he or she is designated as FSO. The FSP:
(ii) Visitors, vendors, repair technicians, vessel personnel, etc.;
(1) Must identify the FSO by name or position and provide 24-
(iii) OCS facility stores; hour contact information;

(iv) Any security communication and surveillance systems; and (2) Must be written in English;

(v) Any other security systems, if any. (3) Must address each vulnerability identified in the Facility
Security Assessment (FSA);
(4) The FSA report must account for any vulnerabilities in the
following areas: (4) Must describe security measures for each MARSEC Level;
and
(i) Conflicts between safety and security measures;
(5) May cover more than one OCS facility to the extent that they
(ii) Conflicts between personnel duties and security assignments; share similarities in physical characteristics and operations, if
authorized and approved by the cognizant District Commander.
(iii) The impact of watch-keeping duties and risk of fatigue on
personnel alertness and performance; (b) The FSP must be submitted for approval to the cognizant
District Commander in a written or electronic format in a manner
(iv) Security training deficiencies; and prescribed by the cognizant District Commander.

(v) Security equipment and systems, including communication (c) The FSP is sensitive security information and must be
systems. protected in accordance with 49 CFR part 1520.

(5) The FSA report must discuss and evaluate key OCS facility (d) If the FSP is kept in an electronic format, procedures must be
measures and operations, including in place to prevent its unauthorized deletion, destruction, or
amendment.
(i) Ensuring performance of all security duties;

175
106.405 Format and content of the Facility Security Plan (1) Approve it and specify any conditions of approval, returning to
(FSP). the submitter a letter stating its acceptance and any conditions;
(a) An OCS facility owner or operator must ensure that the FSP
consists of the individual sections listed in this paragraph (a). If (2) Return it for revision, returning a copy to the submitter with
the FSP does not follow the order as it appears in this paragraph, brief descriptions of the required revisions; or
the OCS facility owner or operator must ensure that the FSP
contains an index identifying the location of each of the following (3) Disapprove it, returning a copy to the submitter with a brief
sections: statement of the reasons for disapproval.

(1) Security organization of the OCS facility; (d) An FSP may be submitted and approved to cover more than
one OCS facility where they share similarities in physical
(2) Personnel training; characteristics, location, and operations.

(3) Drills and exercises; (e) Each OCS facility owner or operator that submits one FSP to
cover two or more OCS facilities of similar design, location, and
(4) Records and documentation; operation must address OCS facility-specific information that
includes the physical and operational characteristics of each OCS
(5) Response to change in MARSEC Level; facility.

(6) Procedures for interfacing with vessels; (f) An FSP that is approved by the cognizant District Commander
is valid for 5 years from the date of its approval. The cognizant
(7) Declaration of Security (DoS); District Commander will issue an approval letter, as indicated in
106.115 of this part.
(8) Communications;
[USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at
(9) Security systems and equipment maintenance; 68 FR 60558, Oct. 22, 2003; USCG-2013-0397, 78 FR 39173,
July 1, 2013]
(10) Security measures for access control;
106.415 Amendment and audit.
(11) Security measures for restricted areas; (a) Amendments.

(12) Security measures for delivery of stores and industrial (1) Amendments to a Facility Security Plan (FSP) that are
supplies; approved by the cognizant District Commander may be initiated
by:
(13) Security measures for monitoring;
(i) The OCS facility owner or operator; or
(14) Security incident procedures;
(ii) The cognizant District Commander, upon a determination that
(15) Audits and FSP amendments; and an amendment is needed to maintain the OCS facility's security.
The cognizant District Commander will give the OCS facility
(16) Facility Security Assessment (FSA) report. owner or operator written notice and request that the OCS facility
owner or operator propose amendments addressing any matters
(b) The FSP must describe in detail how the requirements of specified in the notice. The OCS facility owner or operator will
Subpart B of this part will be met. FSPs that have been approved have at least 60 days to submit its proposed amendments. Until
by the Coast Guard prior to March 26, 2007 do not need to be amendments are approved, the OCS facility owner or operator
amended to describe their TWIC procedures until the next shall ensure temporary security measures are implemented to the
regularly scheduled resubmission of the FSP. satisfaction of the cognizant District Commander.

[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, (2) Proposed amendments must be sent to the cognizant District
July 16, 2003, as amended by USCG-2006-24196, 72 FR 3587, Commander. If initiated by the OCS facility owner or operator, the
Jan. 25, 2007] proposed amendment must be submitted at least 30 days before
the amendment is to take effect unless the cognizant District
106.410 Submission and approval. Commander allows a shorter period. The cognizant District
(a) On or before December 31, 2003, the owner or operator of Commander will approve or disapprove the proposed amendment
each OCS facility currently in operation must either: in accordance with 106.410 of this subpart.

(1) Submit one copy of the Facility Security Plan (FSP) for review (3) Nothing in this section should be construed as limiting the
and approval to the cognizant District Commander and a letter OCS facility owner or operator from the timely implementation of
certifying that the FSP meets the applicable requirements of this such additional security measures not enumerated in the
part; or approved FSP as necessary to address exigent security situations.
In such cases, the owner or operator must notify the cognizant
(2) If intending to operate under an Approved Alternative Security District Commander by the most rapid means practicable as to
Program, submit a letter signed by the OCS facility owner or the nature of the additional measures, the circumstances that
operator stating which approved Alternative Security Program the prompted these additional measures, and the period of time these
owner or operator intends to use. additional measures are expected to be in place.

(b) Owners or operators of OCS facilities not in service on or (4) If the owner or operator has changed, the Facility Security
before December 31, 2003, must comply with the requirements in Officer (FSO) must amend the Facility Security Plan (FSP) to
paragraph (a) of this section 60 days prior to beginning operations include the name and contact information of the new OCS facility
or by December 31, 2003, whichever is later. owner(s) or operator(s) and submit the affected portion of the FSP
for review and approval in accordance with 106.410 of this
(c) The cognizant District Commander will examine each subpart.
submission for compliance with this part and either:
(b) Audits.

176
(1) The FSO must ensure an audit of the FSP is performed (i) Have knowledge of methods of conducting audits and
annually, beginning no later than one year from the initial date of inspections, and control and monitoring techniques;
approval and attach a letter to the FSP certifying that the FSP
meets the applicable requirements of this part. (ii) Not have regularly assigned security duties; and

(2) If there is a change in ownership or operations of the OCS (iii) Be independent of any security measures being audited.
facility, or if there have been modifications to the OCS facility, the
FSP must be audited including but not limited to physical structure, (5) If the results of an audit require an amendment of either the
emergency response procedures, security measures, or Facility Security Assessment (FSA) or FSP, the FSO must submit,
operations. in accordance with 106.410 of this subpart, the amendments to
the cognizant District Commander for review and approval no
(3) Auditing the FSP as a result of modifications to the OCS later than 30 days after completion of the audit and a letter
facility may be limited to those sections of the FSP affected by the certifying that the amended FSP meets the applicable
OCS facility modifications. requirements of this part.

(4) Unless impracticable due to the size and nature of the [USCG-2003-14759, 68 FR 39345, July 1, 2003, as amended at
company or the OCS facility, personnel conducting internal audits 68 FR 60559, Oct. 22, 2003]
of the security measures specified in the FSP or evaluating its
implementation must:

177
Part 109General
Table of Contents Regulations in the Local Notice to Mariners.

Sec. (33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR 1.46(c) and
109.01 Purpose. 1.45(b))
109.05 Anchorage Grounds.
109.07 Anchorages Under Ports And Waterways Safety Act. [CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD
109.10 Special Anchorage Areas. 79-096, 44 FR 51585, Sept. 4, 1979; USCG-1998-3799, 63 FR
109.15 Enforcement Proceedings. 35526, June 30, 1998; USCG-2007-27887, 72 FR 45902, Aug. 16,
109.20 Publication; Notice Of Proposed Rule Making. 2007]

Authority: R.S. 4233, as amended, 28 Stat. 647 as amended, 30 109.10 Special anchorage areas.
Stat. 98, as amended, sec. 7, 38 Stat. 1053, as amended, sec. An Act of Congress of April 22, 1940, provides for the designation
6(g)(1), 80 Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49 U.S.C. of special anchorage areas wherein vessels not more than sixty-
1655(g)(1); Pub. L. 107-296, 116 Stat. 2135; Department of five feet in length, when at anchor, will not be required to carry or
Homeland Security Delegation No. 0170.1. exhibit anchorage lights. Such designation is to be made after
______________________________________________________________________ investigation, by rule, regulation, or order, the procedure for which
will be similar to that followed for anchorage grounds under
109.01 Purpose. section 7 of the Rivers and Harbors Act of March 4, 1915, as
The purpose of the rules and regulations in this subchapter is to referred to in 109.05. The areas so designated should be well
implement certain laws and set forth the requirements for removed from the fairways and located where general navigation
anchorage areas. will not endanger or be endangered by unlighted vessels. The
authority to designate special anchorage areas was transferred to
[CGFR 67-46, 32 FR 17727, Dec. 12, 1967, as amended by CGD
and vested in the Secretary of Homeland Security by section
79-096, 44 FR 51585, Sept. 4, 1979; USCG-1998-3799, 63 FR
902(j) of the Coast Guard and Maritime Transportation Act of
35526, June 30, 1998]
2006 (Pub. L. 109-241, 120 Stat 516), and delegated to the
109.05 Anchorage Grounds. Commandant of the U.S. Coast Guard in Department of
(a) Section 7 of the Rivers and Harbors Act of March 4, 1915 (33 Homeland Security Delegation No. 0170.1. The Commandant
U.S.C. 471), authorizes the establishment of anchorage grounds redelegated the authority to establish anchorage grounds to each
for vessels in navigable waters of the United States whenever it is Coast Guard District Commander as provided in 33 CFR 1.05-
apparent that these are required by the maritime or commercial 1(e)(1)(i).
interests of the United States for safe navigation. The statute also
authorizes the adoption of suitable rules and regulations [USCG-2007-27887, 72 FR 45902, Aug. 16, 2007]
regarding the establishment of anchorage grounds, which are
enforced by the Coast Guard. The authority conferred by this 109.15 Enforcement Proceedings.
statute was transferred to and vested in the Secretary of An Act of Congress of April 22, 1940, provides for the designation
Homeland Security by section 902(j) of the Coast Guard and of special anchorage areas wherein vessels not more than sixty-
Maritime Transportation Act of 2006 (Pub. L. 109-241, 120 Stat. five feet in length, when at anchor, will not be required to carry or
516), and delegated to the Commandant of the U.S. Coast Guard exhibit anchorage lights. Such designation is to be made after
in Department of Homeland Security Delegation No. 0170.1. The investigation, by rule, regulation, or order, the procedure for which
Commandant redelegated the authority to establish anchorage will be similar to that followed for anchorage grounds under
grounds to each Coast Guard District Commander as provided in section 7 of the Rivers and Harbors Act of March 4, 1915, as
33 CFR 1.05-1(e)(1)(i). referred to in 109.05. The areas so designated should be well
removed from the fairways and located where general navigation
(b) District Commanders will, whenever matters relating to the will not endanger or be endangered by unlighted vessels. The
anchorage of vessels are under consideration, ascertain the view authority to designate special anchorage areas was transferred to
of the District and Division Engineer, Corps of Engineers, U.S. and vested in the Secretary of Homeland Security by section
Army, and the proper representatives of other departments likely 902(j) of the Coast Guard and Maritime Transportation Act of
to be interested, including the Commandant of the Naval District 2006 (Pub. L. 109-241, 120 Stat 516), and delegated to the
concerned and the medical officer in charge of the quarantine Commandant of the U.S. Coast Guard in Department of
station at localities where quarantine anchorages are involved, in Homeland Security Delegation No. 0170.1. The Commandant
order that they may arrange for suitable representation at such redelegated the authority to establish anchorage grounds to each
hearings. The views of the medical officer in charge of the Coast Guard District Commander as provided in 33 CFR 1.05-
quarantine station relating to the proposed location and 1(e)(1)(i).
boundaries of the quarantine anchorage will be accepted insofar
as practicable and consistent with the establishment of other [USCG-2007-27887, 72 FR 45902, Aug. 16, 2007]
anchorage areas. (An Act of Congress approved July 1, 1944, as
amended (42 U.S.C. 267), authorizes the Surgeon General, with 109.20 Publication; Notice Of Proposed Rule Making.
the approval of the Secretary of Health, Education, and Welfare, (a) Section 4 of the Administrative Procedure Act (5 U.S.C. 553),
to designate the boundaries of the quarantine grounds and requires publication of general notice of proposed rule making in
quarantine anchorages for vessels which are reserved for use at the FEDERAL REGISTER (unless all persons subject thereto are
each United States quarantine station.) A notice of public hearing named and either personally served or otherwise have actual
concerning changes to the Anchorage Regulations will be issued notice thereof in accordance with law), except to the extent that
by the District Commander and will be mailed to all known there is involved
interested parties. After providing an opportunity for public
(1) any military, naval, or foreign affairs function of the United
participation, the District Commander will, if circumstances so
States or
warrant, issue changes to the Anchorage Regulations, or in
appropriate cases forward recommendations for such changes to
(2) any matter relating to agency management or personnel or to
the Commandant.
public property, loans, grants, benefits, or contracts. Except
where notice or hearing is required by statute, this requirement
(c) As soon as publication has been noted in the Federal Register,
does not apply to interpretative rules, general statements of policy,
the District Commander will publish changes to the Anchorage
rules of agency organization, procedure, or practice, or in any

178
situation in which the agency for good cause finds (and making proceedings;
incorporates the finding and a brief statement of the reasons
therefore in the rules issued) that notice and public procedure (2) reference to the authority under which the rule is proposed;
thereon are impracticable, unnecessary, or contrary to the public and
interest.
(3) either the terms or substance of the proposed rule or a
(b) General notice of proposed rule making published in description of the subjects and issues involved.
accordance with the above will include
[CGFR 67-46, 32 FR 17727, Dec. 12, 1967]
(1) a statement of the time, place, and nature of public rule

179
Part 110-Anchorage Regulations
Table of Contents 110.231 Ketchikan Harbor, Alaska, Large Passenger Vessel
Anchorage.
Sec.
110.232 Southeast Alaska.
110.1 General.
110.233 Prince William Sound, Alaska.
110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii
Subpart B-Anchorage Grounds (Datum: NAD 83).
110.130 Bar Harbor, Maine. 110.236 Pacific Ocean Off Barbers Point, Island Of Oahu,
110.131 Sheepscot River in the vicinity of Edgecomb, Maine. Hawaii: Offshore Pipeline Terminal Anchorages.
110.132 Rockland Harbor, Maine. 110.237 Pacific Ocean At Waimea, Hawaii, Naval Anchorage.
110.133 Kennebec River In Vicinity Of Bath, Maine. 110.238 Apra Harbor, Guam.
110.134 Portland Harbor, Maine. 110.239 Island Of Tinian, CNMI.
110.138 Boston Harbor, Mass. 110.240 San Juan Harbor, P.R.
110.140 Buzzards Bay, Nantucket Sound, And Adjacent Waters, 110.245 Vieques Passage And Vieques Sound, Near Vieques
Mass. Island, P.R.
110.142 Nantucket Harbor, Mass. 110.250 St. Thomas Harbor, Charlotte Amalie, V.I.
110.145 Narragansett Bay, R.I. 110.255 Ponce Harbor, P.R.
110.146 Long Island Sound.
Authority: 33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR
110.147 New London Harbor, Conn.
1.05-1; Department of Homeland Security Delegation No. 0170.1.
110.149 Narragansett Bay, RI.
110.148 Johnsons River At Bridgeport, Conn.
Source: CGFR 67-46, 32 FR 17728, Dec. 12, 1967, unless
110.150 Block Island Sound, N.Y.
otherwise noted.
110.155 Port Of New York.
____________________________________________________
110.156 Randall Bay, Freeport, Long Island, N.Y.
110.157 Delaware Bay And River. 110.1 General.
110.158 Baltimore Harbor, MD. (a) The areas described in subpart A of this part are designated
110.159 Annapolis Harbor, MD. as special anchorage areas for the purposes of rule 30 (33 CFR
110.166 York River, Va., Naval Anchorage. 83.30) and rule 35 (33 CFR 83.35) of the Inland Navigation Rules,
110.168 Hampton Roads, Virginia, And Adjacent Waters. 33 CFR Chapter I, Subchapter E. Vessels of less than 20 meters
110.170 Lockwoods Folly Inlet, N.C. in length; and barges, canal boats, scows, or other nondescript
110.173 Port Of Charleston, S.C. craft, are not required to sound signals required by rule 35 of the
110.179 Skidaway River, Isle Of Hope, Ga. Inland Navigation Rules. Vessels of less than 20 meters are not
110.182 Atlantic Ocean Off Fort George Inlet, Near Mayport, Fla. required to exhibit anchor lights or shapes required by rule 30 of
110.183 St. Johns River, Florida. the Inland Navigation Rules.
110.185 Atlantic Ocean, Off The Port Of Palm Beach, Fla.
110.186 Port Everglades, Florida. (b) The anchorage grounds for vessels described in Subpart B of
110.188 Atlantic Ocean Off Miami And Miami Beach, Fla. this part are established, and the rules and regulations in relation
110.189a Key West Harbor, Key West, Fla., Naval Explosives thereto adopted, pursuant to the authority contained in section 7
Anchorage Area. of the act of March 4, 1915, as amended (38 Stat. 1053; 33 U.S.C.
110.190 Tortugas Harbor, In Vicinity Of Garden Key, Dry 471).
Tortugas, Fla.
110.193 Tampa Bay, Fla. (c) All bearings in the part are referred to true meridian.
110.193a St. Joseph Bay, Fla.
110.194 Mobile Bay, Ala., At Entrance. (d) Geographic coordinates expressed in terms of latitude or
110.194a Mobile Bay, Ala., And Mississippi Sound, Miss. longitude, or both, are not intended for plotting on maps or charts
110.194b Mississippi Sound And Gulf Of Mexico, Near Petit Bois whose reference horizontal datum is the North American Datum
Island, Miss. of 1983 (NAD 83), unless such geographic coordinates are
110.195 Mississippi River Below Baton Rouge, LA, Including expressly labeled NAD 83. Geographic coordinates without the
South And Southwest Passes. NAD 83 reference may be plotted on maps or charts referenced
110.196 Sabine Pass Channel, Sabine Pass, Tex. to NAD 83 only after application of the appropriate corrections
110.197 Galveston Harbor, Bolivar Roads Channel, Texas that are published on the particular map or chart being used.
110.205 Chicago Harbor, Ill.
110.206 Detroit River, Michigan. [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD
110.207 Cleveland Harbor, Ohio. 86-082, 52 FR 33811, Sept. 8, 1987; USCG-1998-3799, 63 FR
110.208 Buffalo Harbor, N.Y. 35526, June 30, 1998; USCG-2014-0410, 79 FR 38432, July 7,
110.210 San Diego Harbor, CA. 2014]
110.214 Los Angeles And Long Beach Harbors, California.
110.215 Anaheim Bay Harbor, Calif., U.S. Naval Weapons Subpart B-Anchorage Grounds
Station, Seal Beach, Calif.; Naval Explosives
Anchorage. 110.130 Bar Harbor, Maine.
110.216 Pacific Ocean At Santa Catalina Island, Calif. (a) Anchorage grounds.
110.218 Pacific Ocean At San Clemente Island, Calif.; In Vicinity
Of Wilson Cove. (1) Anchorage A is that portion of Frenchman Bay, Bar Harbor,
110.220 Pacific Ocean At San Nicolas Island, Calif.; Restricted ME enclosed by a rhumb line connecting the following points:
Anchorage Areas.
110.222 Pacific Ocean At Santa Barbara Island, Calif. Latitude Longitude
110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait,
442343 N 0681200 W; thence to
Suisun Bay, Sacramento River, San Joaquin River, And
Connecting Waters, CA. 442352 N 0681122 W; thence to
110.228 Columbia River, Oregon And Washington. 442323 N 0681059 W; thence to
110.229 [Removed]
110.230 Puget Sound Area, Wash. 442305 N 0681132 W; returning to start.

180
(2) Anchorage B is that portion of Frenchman Bay, Bar Harbor, (1) Anchorage A. Beginning at a point bearing 158, 1,075 yards,
ME enclosed by a rhumb line connecting the following points: from Rockland Breakwater Light; thence 252, 2,020 yards, to a
point bearing 224 from Rockland Breakwater Light; thence 345,
Latitude Longitude 740 yards, to a point bearing 242 from Rockland Breakwater
Light; thence 72, 1,300 yards, to a point bearing 222 from
Rockland Breakwater Light; and thence 120, 1,000 yards, to the
442433 N 0681309 W; thence to point of beginning.
442442 N 0681147 W; thence to copied
(2) Anchorage B. Beginning at a point bearing 273, 400 yards,
442411 N 0681141 W; thence to from Rockland Breakwater Light; thence 273, 700 yards, to a
442402 N 0681303 W; returning to start. point bearing 273 from Rockland Breakwater Light; thence 349,
850 yards, to a point bearing 305 from Rockland Breakwater
(b) Regulations. Light; thence 89, 700 yards, to a point bearing 328 from
Rockland Breakwater Light; and thence 169, 900 yards, to the
(1) Anchorage A is a general anchorage ground reserved for point of beginning.
passenger vessels, small commercial vessels and pleasure craft.
Anchorage B is a general anchorage ground reserved primarily (b) The regulations.
for passenger vessels 200 feet and greater.
(1) Anchorages A and B are general anchorage grounds reserved
(2) These anchorage grounds are authorized for use year round. for merchant vessels, commercial vessels or passenger vessels
over 65 feet in length. Fixed moorings, piles or stakes are
(3) Temporary floats or buoys for marking anchors will be allowed prohibited.
in all anchorage areas.
(2) A distance of approximately 500 yards shall be left between
(4) Fixed moorings, piles or stakes are prohibited. Anchorages A and B for vessels entering or departing from the
Port of Rockland. A distance of approximately 100 yards shall be
(5) Any vessels anchored in this area shall be capable of moving left between Anchorage A and the Special Anchorage Area for
and when ordered to move by the Captain of the Port shall do so vessels entering or departing facilities in the vicinity of Atlantic
with reasonable promptness. Point. Any vessel anchored in these anchorages shall be capable
of moving and when ordered to move by the Captain of the Port
(6) The anchoring of vessels is under the coordination of the local shall do so with reasonable promptness.
Harbormaster.
(3) All other vessels within the Rockland Harbor area are
[CGD-01-02-027, 67 FR 68518, Nov. 12, 2002] prohibited from anchoring within 300 yards or operating within 100
feet of any navy yard, shipbuilding plant, power plant, oil terminal,
110.131 Sheepscot River in the vicinity of Edgecomb, Maine. marine terminal, munitions plant, military or naval arsenal or depot,
(a) Anchorage grounds. All of the waters enclosed by a line warehouse, or freight pier without permission from the Captain of
starting from a point located at the southwestern end of Davis the Port, Rockland, Maine, or his authorized representative.
Island at latitude 4359.655 N., longitude 6939.617 W.;
thence to latitude 4359.687 N., longitude 6939.691 W.; [CGFR 67-46, 32 FR 17728, Dec. 12, 1967. Redesignated by
CGD-01-02-027, 67 FR 68518, Nov. 12, 2002; CGD-01-02-129,
thence to latitude 4359.847 N., longitude 6939.743 W.;
68 FR 44888, July 31, 2003]
thence to latitude 4359.879 N., longitude 6939.559 W.;
thence to latitude 4359.856 N., longitude 6939.488 W.; 110.133 Kennebec River In Vicinity Of Bath, Maine.
thence to latitude 4359.771 N., longitude 6939.585 W.; (a) The anchorage grounds. Vessels may anchor only within the
thence to the point of beginning. DATUM: NAD 83 following limits:

(b) Regulations. (1) Northward of a line bearing 54 true and extending from a
point on Passmore's wharf in prolongation with the north side of
(1) This anchorage is reserved for vessels of all types, with drafts Commerce Street, Bath, Maine, to a point on the shore in
of 3 to 12 feet. Woolwich, approximately 1,200 feet north of the Maine Central
Railroad wharf.
(2) These anchorage grounds are authorized for use from May
through October. (2) Southward of a line drawn from the derrick on the Bath Iron
Works wharf to Sassanoa Point in Woolwich.
(3) Vessels are limited to a maximum stay of 1 week.
(b) The regulations.
(4) Fixed moorings, piles or stakes are prohibited.
(1) Vessels in the north anchorage shall be so anchored as to
(5) Vessels must not anchor so as to obstruct the passage of leave a clear fairway of 150 feet channelward of the established
other vessels proceeding to or from other anchorage spaces. harbor lines at Bath, and a clear fairway 200 feet from the east or
Woolwich shore, for the passage of steamers, tows, rafts, and
(6) Anchors must not be placed in the channel and no portion of other watercraft.
the hull or rigging of any anchored vessel shall extend outside the
limits of the anchorage area. (2) The launching of vessels into the waters between the
anchorages or the bringing up of such vessels by their anchors
(7) The anchorage of vessels is under the coordination of the will be permitted: Provided, That the vessels so launched shall be
local Harbormaster. removed therefrom within 12 hours from the time of anchorage.

[CGD01-07-011, 72 FR 70514, Dec. 12, 2007] [CGD1-90-064, 56 FR 12120, Mar. 22, 1991; 67 FR 68517, Nov.
12, 2002]
110.132 Rockland Harbor, Maine.
(a) The anchorage grounds 110.134 Portland Harbor, Maine.
(a) The anchorage grounds

181
(1) Anchorage A (general). Beginning at latitude 4339'37"N, northernmost point of Rainsford Island; thence to Georges Island
longitude 07014'35"W; thence approximately 090 for 1550 yards Gong Buoy 6; and thence to the point of beginning.
to Fort Gorges Island Ledge Buoy 4; thence 350 for 300 yards;
thence 025 for 780 yards; thence 303 for 750 yards; thence (4) Castle Island Anchorage. Bounded on the north by Castle
254 for 560 yards; thence 186 for 750 yards and thence to the Island and adjacent land; on the east by a line between Castle
point of beginning. Rocks Fog Signal Light and Old Harbor Shoal Buoy 2; on the
southeast by a line between Old Harbor Shoal Buoy 2 and Old
(2) Anchorage B (general-primarily intended for deep draft Harbor Buoy 4; and on the west by a line running due north from
vessels). Beginning at Fort Gorges Island Ledge Buoy 4; thence Old Harbor Buoy 4 to the shore line at City Point.
062 to Little Diamond Island; thence along the southwestern
shore to the pier on the southern end of Little Diamond Island; (5) Explosives anchorage. In the lower harbor, bounded on the
133 for 1200 yards; 270 to House Island Light; thence along the northeast by a line between the northeast end of Peddocks Island
western shore of House Island to Fort Scammel Point Light; and the northeast end of Rainsford Island; on the northwest by
thence 325 for 1700 yards to the point of beginning. Rainsford Island; on the southwest by a line between the western
extremity of Rainsford Island and the westernmost point of
(3) Anchorage C. Bounded on the northwest by House Island; on Peddocks Island; and on the southeast by Peddocks Island.
the north by a line running 90 from House Island Light to Peak
Island; on the east by the western shore of Peak Island, by a line (b) The regulations.
running 198 from the westernmost point on Peak Island to
Cushing Island, and by the shore of Cushing Island to its (1) The Captain of the Port may authorize the use of the President
westernmost point; and on the southwest by a line running from Roads Anchorage as an explosives anchorage when he finds that
the westernmost point on Cushing Island to Fort Scammel Point the interests of commerce will be promoted and that safety will not
Light. be prejudiced thereby. Vessels anchored in this area shall move
promptly upon notification by the Captain of the Port.
(b) The regulations.
(2) In the Long Island Anchorage vessels shall anchor in the
(1) Anchorage B is intended for general purposes, but especially position designated by the Captain of the Port.
for use by oil tankers and other large deep-draft ships entering
harbor at night and intending to proceed to the dock allotted at (3) Floats or buoys for marking anchors or moorings in place will
daylight the following morning or as soon as practicable. This be allowed in all areas. Fixed mooring piles or stakes are
area is also to be used for quarantine anchorage. Vessels must prohibited.
be so anchored in this area as to leave at all times an open
usable channel at least 100 feet wide for passage of ferry and [67 FR 68517, Nov. 12, 2002]
other boats between Portland, Peak Island, and Bay Points. Any
vessels anchored in this area shall be ready to move on short 110.140 Buzzards Bay, Nantucket Sound, And Adjacent
notice when ordered to do so by the Captain of the Port. Waters, Mass.
(a) New Bedford Outer Harbor
(2) Anchorage C is intended for use only by small vessels and for
temporary anchorage. (1) Anchorage A. West of Sconticut Neck, and shoreward of a
line described as follows: Beginning at a point 100 yards
[65 FR 37854, June 19, 2000; 67 FR 68517, Nov. 12, 2002] southwest of Fort Phoenix Point; thence 154 along a line which
passes 100 yards east of New Bedford Channel Buoys 8, 6, and 4,
110.138 Boston Harbor, Mass. to a point bearing approximately 130, 225 yards, from New
(a) The anchorage grounds Bedford Channel Buoy 4; thence 87, 340 yards; thence 156
along a line approximately one mile to its intersection with a line
(1) Bird Island Anchorage. Beginning at a point bearing 93, ranging 87 from the cupola on Clarks Point; thence 87 to
1,400 yards, from the aerial beacon on top of the Boston Custom Sconticut Neck.
House tower; thence to a point bearing 81, 1,600 yards, from the
aerial beacon on top of the Boston Custom House tower; thence (2) Anchorage B. All waters bounded by a line beginning at
to a point bearing 102, 3,100 yards, from the aerial beacon on 4136'42.3" N, 07054'24.9" W; thence to 4136'55.5" N,
top of the Boston Custom House tower; thence to a point bearing 07054'06.6" W; thence to 4136'13.6" N, 07053'40.2" W; thence
109, 3,050 yards, from the aerial beacon on top of the Boston to 4136'11.1" N, 07054'07.6" W; thence along the shoreline to
Custom House tower; and thence to the point of beginning. the beginning point.

(2)(i) President Roads Anchorage 40-foot anchorage. (b) Buzzards Bay near entrance to approach channel to Cape
Beginning at a point bearing 237, 522 yards from Deer Island Cod Canal
Light; thence to a point bearing 254, 2,280 yards from Deer
Island Light; thence to a point bearing 261, 2,290 yards from (1)Anchorage C. West of a line parallel to and 850 feet westward
Deer Island Light; thence to a point bearing 278, 2,438 yards from the centerline of Cleveland Ledge Channel; north of a line
from Deer Island Light; thence to a point bearing 319, 933 yards bearing 129 from the tower on Bird Island; east of a line bearing
from Deer Island Light; thence to a point bearing 319, 666 yards 2530' and passing through Bird Island Reef Bell Buoy 13; and
from Deer Island Light; and thence to point of beginning. south of a line bearing 270 from Wings Neck Light. Each vessel
must obtain permission to proceed to Anchorage C from the U.S.
(2)(ii) 35-foot anchorage. Beginning at a point bearing 256, Army Corps of Engineers Cape Cod Canal Control traffic
2,603 yards from Deer Island Light; thence to a point bearing controller.
25830', 3,315 yards from Deer Island Light; thence to a point
bearing 264, 3,967 yards from Deer Island Light; thence to a (2) Anchorage D. Beginning at a point bearing 185, 1,200 yards,
point bearing 261, 2,290 yards from Deer Island Light; and from Hog Island Channel 4 Light; thence 129 to a point bearing
thence to point of beginning. 209, approximately 733 yards, from Wings Neck Light; thence
209 to Southwest Ledge Buoy 10; thence 199 along a line to its
(3) Long Island Anchorage. East of Long Island, bounded as intersection with a line bearing 129 from the tower on Bird Island;
follows: Beginning at the southwestern most point of Gallups thence 309 to a point 850 feet easterly, right angle distance, from
Island; thence 270 to Long Island; thence southerly along the the centerline of Cleveland Ledge Channel; thence northeasterly
eastern shore line of Long Island to Bass Point; thence to the along a line parallel to and 850 feet eastward from the centerline

182
of Cleveland Ledge Channel to its intersection with a line bearing Lightship; and south of a line ranging 97 from East Chop Light
218 30' from the point of beginning; thence 3830' to the point of toward Cross Rip Lightship.
beginning. Each vessel must obtain permission to proceed to
Anchorage D from the U.S. Army Corps of Engineers Cape Cod (5) Anchorage I. Northerly of a line ranging 109 from Nobska
Canal Control traffic controller. xPoint Light toward Hedge Fence Lighted Horn and Gong Buoy
16, and of a line ranging 9730' through Hedge Fence East End
(3) Anchorage L-(East side is preferred). The waters bounded Buoy to Halfmoon Shoal Lighted Bell Buoy 12, thence 73 to
by a line connecting the following points: 41-34-44N/70-42-42W to Handkerchief Shoal Buoy 16, and thence to the westernmost
41-35-16N/70-43-23W to 41-33-22N/70-46-02W to 41-32-50N/70- point of Monomoy Island.
45-22W and thence to the beginning.
(6) Anchorage J. East of a line bearing 329, parallel to and
(4) Anchorage M-(west side). The waters bounded by a line 0.875 mile northeasterly of a line running from Brant Point Light
connecting the following points: 41-35-35N/70-44-47W to 41-36- through Tuckernuck Shoal Bell Buoy 7, from Coatue Beach to a
24N/70-45-53W to 41-35-00N/70-47-53W to 41-34-12N/70-46- point 1.25 miles southeasterly from a line between Halfmoon
47W and thence to the beginning Shoal Lighted Bell Buoy 12 and Handkerchief Shoal Buoy 16;
thence 73, parallel to and 1.25 miles southeasterly from a line
(5) Each vessel that anchors in these anchorages must notify the running from Halfmoon Shoal Lighted Bell Buoy 12 through
U.S. Army Corps of Engineers Cape Cod Canal Control traffic Handkerchief Shoal Buoy 16, to a point bearing 215 from Stone
controller when it anchors, and provide the vessel's name, length, Horse North End Lighted Bell Buoy 9; thence 35 to Stone Horse
draft, cargo, and its position. North End Lighted Bell Buoy 9; thence 70 to a point bearing 207
from Pollock Rip Lightship; and thence 27 through, and to a point
(6) Each vessel anchored in these anchorages must notify U.S. 5.0 miles northeasterly from, Pollock Rip Lightship.
Army Corps of Engineers Cape Cod Canal Control traffic
controller when it weighs anchor. (7) Anchorage K. North of a line tangent to the southeasterly
edge of Monomoy Point and extending to Bearse Shoal North
(7) No vessel may anchor unless it maintains a bridge watch, End Buoy 2A and west of a line bearing 7 from Bearse Shoal
guards and answers Channel 16 FM, and maintains an accurate North End Buoy 2A to Chatham Bar Buoy 2.
position plot.
(d) The regulations.
(8) No vessel may anchor unless it maintains the capability to get
underway within 30 minutes; except with prior approval of the (1) Floats or buoys for marking anchors or moorings in place will
Coast Guard Captain of the Port Providence. be allowed in all areas. Fixed mooring piles or stakes are
prohibited.
(9) No vessel may anchor in a "dead ship" status (propulsion or
control unavailable for normal operations) without the prior (2) Except in cases of great emergency, no vessels shall be
approval of the Coast Guard Captain of the Port Providence. anchored in New Bedford Outer Harbor, Buzzards Bay near the
entrance to the approach channel to Cape Cod Canal, or
(10) No vessel may conduct lightering operations within these Vineyard and Nantucket Sounds, outside of the anchorage areas
anchorages. defined in paragraphs (a) to (c) of this section.

(c) Vineyard and Nantucket Sounds (3) Anchors must not be placed outside the anchorage areas, nor
shall any vessel be so anchored that any portion of the hull or
(1) Anchorage E. South of a line beginning at a point bearing rigging will at any time extend outside the boundaries of the
180 about 3.25 miles from Cuttyhunk Light; thence 65 to a point anchorage area.
bearing 180, 0.625 mile from Nashawena Lighted Whistle Buoy;
thence 5730' passing 600 yards northerly of Middle Ground (4) Any vessel anchoring under the circumstances of great
Lighted Bell Buoy 25A, to a point bearing 145, 1.25 miles from emergency outside any anchorage area must be placed near the
Nobska Point Light; southwest of a line ranging 113 through edge of the channel and in such position as not to interfere with
West Chop Buoy 25 to East Chop Flats Bell Buoy 23; and west of the free navigation of the channel, nor obstruct the approach to
a line bearing 163 between East Chop Flats Bell Buoy 23 and any pier nor impede the movement of any boat, and shall move
Lone Rock Buoy 1; and northerly of a line bearing 269 between away immediately after the emergency ceases or upon
Lone Rock Buoy 1 and a point on the mainland at Oak Bluffs notification by an officer of the Coast Guard.
about 0.30 mile southerly of Oak Bluffs Wharf.
(5) A vessel upon being notified to move into the anchorage limits
(2) Anchorage F. Southeast of the Elizabeth Islands, north of a or to shift its position in anchorage grounds must get under way at
line ranging 9730' from Cuttyhunk Light toward Nashawena once or signal for a tug, and must change position as directed
Lighted Whistle Buoy to a point 0.375 mile from that buoy; with reasonable promptness.
northwest of a line bearing 5730' from the last-named point to a
point opposite the entrance to Woods Hole; and southwest of a (6) Whenever the maritime or commercial interests of the United
line from the shore of Nonamesset Island bearing 114 and States so require, any officer of the Coast Guard is hereby
ranging through West Chop Light and East Chop Light. empowered to shift the position of any vessel anchored within the
anchorage areas, of any vessel anchored outside the anchorage
(3) Anchorage G. South of a line beginning at a point on the areas, and of any vessel which is so moored or anchored as to
mainland at Oak Bluffs about 0.30 mile southerly of Oak Bluffs impede or obstruct vessel movements in any channel.
Wharf bearing 89 to Lone Rock Buoy 1; thence 113 from Lone
Rock Buoy 1 to Outer Flats Bell Buoy 17; thence 86 to Cross Rip (7) Nothing in this section shall be construed as relieving the
Lightship; thence 11830' to Tuckernuck Shoal Bell Buoy 7; owner or person in charge of any vessel from the penalties of the
thence ranging 149 toward Brant Point Light to the breakwater at law for obstructing navigation or for obstructing or interfering with
Brant Point. range lights, or for not complying with the navigation laws in
regard to lights, fog signals, or for otherwise violating the law.
(4) Anchorage H. In the vicinity of Squash Meadow shoal, east of
a line ranging 163 through Squash Meadow West End Buoy 21; [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by
north of lines parallel to and 0.5 mile northerly from lines joining CGD1 90-125, 56 FR 22644, May 16, 1991; 56 FR 40360, Aug.
Lone Rock Buoy 1, Outer Flats Bell Buoy 17, and Cross Rip 14, 1991; CGD01-04-004, 70 FR 2355, Jan. 13, 2005; USCG-

183
2006-25556, 72 FR 36327, July 2, 2007; USCG-2010-1119, 76 (3)(i) [Reserved]
FR 35744, June 20, 2011]
(3)(ii) West of Coasters Harbor Island, west of a line bearing 351
110.142 Nantucket Harbor, Mass. from Tracey Ledge Buoy 5 through Seventeen-foot Spot Buoy
(a) The anchorage grounds. In the Nantucket Harbor, beginning northeast of Gull Rocks; south of a line bearing 292 from the
at a point 210 yards, 90, from Brant Point Light; thence easterly cupola at the Naval War College; east of a line ranging 19 from
to latitude 4117'23", longitude 7005'14.5"; thence southerly to the easternmost of The Dumplings toward Dyer Island North Point
latitude 4117'03", longitude 7005'14.5"; thence southwesterly to Shoal Lighted Bell Buoy 12A; and north of latitude 4130'22"
latitude 4116'54", longitude 7005'23"; thence northwesterly to which parallel passes through a point 230 yards north of Rose
latitude 4116'55", longitude 7005'31"; thence northeasterly to Island Shoal Northeast End Buoy 8.
latitude 4117'07.5", longitude 7005'27"; thence northeasterly to
the point of beginning. (3)(iii) In this area the requirements of the Navy shall predominate.

(b) The regulations. The anchorage is for the use of commercial (3)(iv) Temporary floats or buoys for marking anchors or moorings
and pleasure craft. Temporary floats or buoys for marking in place will be allowed in this area. Fixed mooring piles or stakes
anchors or moorings in place will be allowed. Fixed mooring piles will not be allowed.
or stakes are prohibited. The anchoring of vessels including the
placing of anchors and moorings is subject to the supervision and (4) Anchorage D. West of Goat Island, an area bounded by the
approval of the local harbor master. following coordinates:

110.145 Narragansett Bay, R.I. Northeast Corner: 4129.484' N, 07119.975' W


(a) East Passage
Northwest Corner: 4129.484' N, 07120.578' W
(1) Anchorage A. East of Conanicut Island, beginning at the
easterly extremity of the Dumplings; extending 9 to a point at Southwest Corner: 4129.005' N, 07120.578' W
latitude 4129'28", longitude 7121'05.5"; thence 356 for 5,350
feet; thence 24 for 5,700 feet; thence 12 for 1,100 feet; thence Southeast Corner: 4129.005' N, 07119.975' W
31130' for 2,300 feet; thence 351 for 5,350 feet; thence 270 for
3,200 feet to the easterly side of Conanicut Island; thence (4)(i) In this area the requirements of the Navy shall predominate
generally along the easterly side of the island to a point on the from May 1 to October 1, subject at all times to such adjustments
easterly side of the island due west of the Dumplings; and thence as may be necessary to accommodate all classes of vessels
due east to the point of beginning; excluding the approach of the which may require anchorage room.
Jamestown Ferry, a zone 900 feet wide to the southward of a line
ranging 103 from a point, 300 feet north of the existing ferry (4)(ii) Temporary floats or buoys for marking anchors or moorings
landing toward the spire of Trinity Church, Newport. in place will be allowed in this area. Fixed mooring piles or stakes
will not be allowed.
(1)(i) That portion of the area to the northward of the approach of
the Jamestown Ferry shall be restricted for the anchorage of (4)(iii) Should any part of an anchored vessel extend into the
vessels of the U.S. Navy. In that portion of the area to the recommended vessel route in the East Passage of Narragansett
southward of the approach of the Jamestown Ferry, the Bay, a securite call notifying mariners of the vessel's exact
requirements of the Navy shall predominate. position and status shall be made at least hourly on VHF
channels 13 and 16.
(1)(ii) Temporary floats or buoys for marking anchors or moorings
in place shall be allowed in this area. Fixed mooring piles or (iv) As much as practicable vessels anchoring will do so in the
stakes will not be allowed. following order:

(2) Anchorage B. Off the west shore of Aquidneck Island to north (A) Primary anchoring point: 4129.25' N, 07120.15' W
of Coggeshall Point, northerly of a line ranging 075 from a point
on the easterly end of Gould Island, latitude 4132'13", longitude (B) Secondary anchoring point: 4129.38' N, 07120.45' W
7120'40.5", toward the shore of Aquidneck Island; east of a line
ranging 019 from the easternmost of the Dumplings to latitude (C) Tertiary anchoring point: 4129.15' N, 07120.50' W
4136'16", longitude 7117'48"; thence northeast to latitude
4136'53", longitude 7117'07.5"; thence east to latitude 4136'53", Note to paragraph (a): "Anchoring point" is the intended position
longitude 7116'40"; thence southwesterly to latitude 4135'54", of the anchor at rest on the bottom of the anchorage. All
longitude 7117'17.5"; thence southeasterly to the shore at the coordinates referenced use datum: NAD 83.
easterly end of the north boundary of the cable area in the vicinity
of Coggeshall Point; excluding the cable area in the vicinity of (5) Anchorage E. South of Coasters Harbor Island, east of a line
Coggeshall Point. bearing 341 from the outer end of Briggs Wharf to the
southwestern shore of Coasters Harbor Island near the War
(2)(i) Anchorage B-1. Off the southerly end of Prudence Island College Building; and north of a line ranging 265 from the
beginning at a point at latitude 4134'08.9", longitude 7119'25.8"; flagstaff at Fort Greene toward Rose Island Light.
thence 19 for 1,900 feet; thence 289 for 1,900 feet; thence 199
for 1,900 feet; thence 109 for 1,900 feet to the point of beginning. (5)(i) In this area the requirements of the naval service will
predominate from May 1 to October 1, but will at all times be
(2)(i)(a) In this area the requirements of the Navy shall subject to such adjustment as may be necessary to accommodate
predominate. all classes of vessels that may require anchorage room.

(2)(i)(b) Temporary floats or buoys for marking anchors or (5)(ii) Temporary floats or buoys for marking anchors or moorings
moorings in place will be allowed in this area. Fixed mooring piles in place will be allowed in this area. Fixed mooring piles or stakes
or stakes will not be allowed. will not be allowed.

(2)(ii) Anchorage X-1, [removed and reserved] (b) West Passage

(3) Anchorage C. (1) Anchorage H. North of a line 1,000 yards long bearing 88

184
from Bonnet Point; west of a line bearing 3 from the eastern end (7) Anchorage N. West of the north end of Conanicut Island,
of the last-described line; and south of a line ranging 302 through south of a line bearing 262 from Conanicut Island Light; east of a
a point 200 yards south of the Kearny wharf toward the church line bearing 8 from Twenty-three Foot Rock Buoy 4; and north of
spire at South Ferry, Boston Neck. a line ranging 290 from Sand Point toward Wickford Harbor Light.

(1)(i) Temporary floats or buoys for marking anchors or moorings (7)(i) Temporary floats or buoys for marking anchors or moorings
in place will be allowed in this area. Fixed mooring piles or stakes in place will be allowed in this area. Fixed mooring piles or stakes
will not be allowed. will not be allowed.

(2) Anchorage I. North of a line 1,000 yards long bearing 88 (c) Bristol Harbor
from Bonnet Point to the shore at Austin Hollow; east of a line
bearing 183 from Dutch Island Light; and south of a line ranging (1) Anchorage O. South of the south line of Franklin Street
302 through a point 200 yards south of the Kearny wharf toward extended westerly; west of a line bearing 16430' parallel to and
the church spire at South Ferry, Boston Neck. 400 feet westerly from the State harbor line between Franklin and
Constitution Streets, and of a line ranging 244 from a point on
(2)(i) Temporary floats or buoys for marking anchors or moorings the north line of Constitution Street extended 400 feet beyond the
in place will be allowed in this area. Fixed mooring piles or stakes State harbor line toward Usher Rock Buoy 3; and north of the
will not be allowed. north line of Union Street extended to the Popasquash Neck
shore.
(3) Anchorage J. At Saunderstown, south of a line ranging 110
from the south side of the ferry wharf toward the cable crossing (1)(i) Temporary floats or buoys for marking anchors or moorings
sign on Dutch Island; west of a line ranging 192 from Plum in place will be allowed in this area. Fixed mooring piles or stakes
Beach Shoal Buoy 1 PB toward the east shore of The Bonnet; will not be allowed.
and north of a line from the shore ranging 108 toward Dutch
Island Light and the north end of the wharf at Beaver Head. (d) The regulations.

(3)(i) Temporary floats or buoys for marking anchors or moorings (1) Except in cases of great emergency, no vessel shall be
in place will be allowed in this area. Fixed mooring piles or stakes anchored in the entrances to Narragansett Bay, in Newport
will not be allowed. Harbor, or in Bristol Harbor, outside of the anchorage areas
defined in paragraphs (a), (b) and (c) of this section.
(4) Anchorage K. In the central and southern portion of Dutch
Island Harbor, north of a line ranging 106 from Beaver Head (2) Anchors must not be placed outside the anchorage areas, nor
Point Shoal Buoy 2 toward the Jamestown standpipe; east of a shall any vessel be so anchored that any portion of the hull or
line ranging 14 from Beaver Head Point Shoal Buoy 2 toward the rigging shall at any time extend outside the boundaries of the
inshore end of the engineer wharf, Dutch Island; southeast of a anchorage area. However, Anchorage D (paragraph (a)(4) of this
line ranging 50 from Dutch Island Light toward the windmill north section) is exempt from this requirement.
of Jamestown; and south of a line parallel to and 100 yards
southwesterly from a line ranging 132 from the engineer wharf, (3) Any vessel anchoring under the circumstances of great
Dutch Island, and the west ferry wharf, Jamestown. emergency outside the anchorage areas must be placed near the
edge of the channel and in such position as not to interfere with
(4)(i) Temporary floats or buoys for marking anchors or moorings the free navigation of the channel, nor obstruct the approach to
in place will be allowed in this area. Fixed mooring piles or stakes any pier, nor impede the movement of any boat, and shall move
will not be allowed. away immediately after the emergency ceases, or upon
notification by an officer of the Coast Guard.
(5) Anchorage L. North of a line ranging 101 from a point on
shore 300 yards northerly of the Saunderstown ferry wharf toward (4) A vessel upon being notified to move into the anchorage limits
the entrance to Round Swamp, Conanicut Island; west of a line or to shift its position on anchorage grounds must get under way
bearing 15 parallel to and 1,000 feet westerly from a line joining at once or signal for a tug, and must change position as directed
the western point of Dutch Island and Twenty-three Foot Rock with reasonable promptness.
Buoy 4, and a line ranging 6 from Dutch Island Light toward
Warwick Light; and south of a line ranging 290 from Sand Point, (5) Whenever the maritime or commercial interests of the United
Conanicut Island, to Wickford Harbor Light, and a line bearing States so require, any officer of the Coast Guard is hereby
226 from Wickford Harbor Light to Poplar Point tower. empowered to shift the position of any vessel anchored within the
anchorage areas, of any vessel anchored outside the anchorage
(5)(i) Temporary floats or buoys for marking anchors or moorings areas, and of any vessel which is so moored or anchored as to
in place will be allowed in this area. Fixed mooring piles or stakes impede or obstruct vessel movements in any channel.
will not be allowed.
(6) Nothing in this section shall be construed as relieving the
(6) Anchorage M. East and north of Dutch Island, northeast of a owner or person in charge of any vessel from the penalties of the
line ranging 316 from the inshore end of the west ferry wharf, law for obstructing navigation or for obstructing or interfering with
Jamestown, toward the north end of Dutch Island to a point range lights, or for not complying with the navigation laws in
bearing 88, 200 yards, from the engineer wharf, Dutch Island, regard to lights, fog signals, or for otherwise violating the law.
thence ranging 3 toward the shore of Conanicut Island at Slocum
Ledge; north of a line 200 yards off the Dutch Island shore [CGFR 67-46, 32 FR 17728, Dec. 12, 1967]
ranging 281 from the entrance to Round Swamp toward a point
on shore 300 yards northerly from the Saunderstown ferry wharf; Editorial Note:For Federal Register citations affecting 110.145,
east of a line ranging 15 from the western point of Dutch Island see the List of CFR Sections Affected, which appears in the
to Twenty-three Foot Rock Buoy 4; and south of a line bearing Finding Aids section of the printed volume and at www.fdsys.gov.
77 from Twenty-three Foot Rock Buoy 4 to the shore.
110.146 Long Island Sound.
(6)(i) Temporary floats or buoys for marking anchors or moorings (a) Anchorage grounds.
in place will be allowed in this area. Fixed mooring piles or stakes
will not be allowed. (1) Bridgeport Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:

185
------------------------------------------------------------------------------ ------------------------------------------------------------------------------
Latitude Longitude 4101'48" N.......................... 07304'54" W; thence to
------------------------------------------------------------------------------ 4101'48" N.......................... 07300'00" W; thence to
4104'52" N.......................... 7314'04" W; thence to 4100'18" N.......................... 07300'00" W; thence to
4103'45" N.......................... 7314'04" W; thence to 4100'18" N.......................... 07304'54" W; returning to point
4103'45" N.......................... 7311'39" W; thence to of origin.
4102'50" N.......................... 7312'08" W; thence to
4102'50" N.......................... 7316'18" W; thence to ------------------------------------------------------------------------------
4104'52" N.......................... 7316'18" W; returning to point
of origin. (7) Riverhead Anchorage Ground. That portion of Long Island
Sound enclosed by a line connecting the following points:
------------------------------------------------------------------------------
------------------------------------------------------------------------------
(2) New Haven North Anchorage Ground. That portion of Long Latitude Longitude
Island Sound enclosed by a line connecting the following points: ------------------------------------------------------------------------------
4103'00" N.......................... 07242'00" W; thence to
------------------------------------------------------------------------------ 4104'00" N.......................... 07236'00" W; thence to
Latitude Longitude 4102'00" N.......................... 07235'24" W; thence to
------------------------------------------------------------------------------ 4101'24" N.......................... 07241'24" W; returning to point
4112'18" N.......................... 7252'36" W; thence to of origin.
4112'18" N.......................... 7249'36" W; thence to
4110'12" N.......................... 7248'18" W; thence to ------------------------------------------------------------------------------
4110'12" N.......................... 7252'12" W; thence to
4111'06" N.......................... 7253'06" W; returning to point (8) All coordinates referenced use datum: NAD 83.
of origin.
(b) General regulations.
------------------------------------------------------------------------------
(1) These anchorages are designated for general purposes, but
(3) New Haven South Anchorage Ground. That portion of Long are intended primarily for use by commercial vessels of 300 gross
Island Sound enclosed by a line connecting the following points: tons and greater and all tank vessels including tank barges.
Except in emergencies, commercial vessels of 300 gross tons
------------------------------------------------------------------------------ and greater and all tank vessels, including tank barges, anchoring
Latitude Longitude in the Captain of the Port Long Island Sound Zone inside the line
------------------------------------------------------------------------------ of demarcation shall anchor in the anchorage grounds described
4109'30" N.......................... 7247'48" W; thence to above.
4108'36" N.......................... 7247'24" W; thence to
4108'36" N.......................... 7251'24" W; thence to (2) Prior to anchoring in the anchorage area, all vessels shall
4109'30" N.......................... 7251'24" W; returning to point notify the Coast Guard Captain of the Port via VHF-FM Channel
of origin. 16.
------------------------------------------------------------------------------
(3) In anchorages where lightering and bunkering operations are
(4) New London Anchorage Ground. That portion of Long Island authorized, the Captain of the Port must be notified at least four
Sound enclosed by a line connecting the following points: hours in advance of a vessel conducting lightering or bunkering
operations, as required by 156.118 of this title. In addition, all
------------------------------------------------------------------------------ lightering and bunkering operations must be done in accordance
Latitude Longitude with 156.120 of this title.
------------------------------------------------------------------------------
4114'11" N.......................... 07215'38" W; thence to (4) Within an anchorage, navigation is prohibited within 500 yards
4115'05" N.......................... 07216'02" W; thence to of an anchored vessel that is conducting bunkering or lightering
4115'39" N.......................... 07213'21" W; thence to operations. In accordance with the "Regulated Navigation Area:
4114'45" N.......................... 07212'57" W; returning to point Long Island Sound Marine Inspection and Captain of the Port
of origin. Zone," 33 CFR 165.153(d)(7), navigation also is prohibited within
100 yards of a vessel engaged in commercial service.
------------------------------------------------------------------------------
(5) Any vessel conducting lightering or bunkering operations shall
(5) Northport Anchorage Ground. That portion of Long Island display by day a red flag at its mast head or at least 10 feet above
Sound enclosed by a line connecting the following points: the upper deck if the vessel has no mast, and by night the flag
must be illuminated by spotlight. These signals shall be in addition
------------------------------------------------------------------------------ to day signals, lights, and whistle signals required by rules 30 (33
Latitude Longitude U.S.C. 2030) and 35 (33 U.S.C. 2035) of the Inland Navigation
------------------------------------------------------------------------------ Rules when at anchor in a general anchorage area.
4058'48" N.......................... 07316'30" W; thence to
4057'42" N.......................... 07311'42" W; thence to (6) Except as otherwise provided, a vessel may not occupy an
4056'30" N.......................... 07313'30" W; thence to anchorage for more than 30 days, unless the vessel obtains
4057'36" N.......................... 07318'12" W; returning to point written permission from the Captain of the Port.
of origin.
(7) If a request is made for the long-term lay up of a vessel, the
------------------------------------------------------------------------------ Captain of the Port may establish special conditions with which
the vessel must comply in order for such a request to be
(6) Port Jefferson Anchorage Ground. That portion of Long Island approved.
Sound enclosed by a line connecting the following points:
(8) The Captain of the Port may prescribe specific conditions for
------------------------------------------------------------------------------ vessels anchoring within the anchorage grounds described in this
Latitude Longitude section, pursuant to 33 CFR 109.05. These conditions may

186
include, but are not limited to: The number and location of northeasterly to latitude 4117'38" N., longitude 7203'54" W.;
anchors; scope of chain; readiness of the engineering plant and thence southeasterly to latitude 4116'50" N., longitude 7203'16"
equipment; use of tugs; and requirements for maintaining W.; and thence southwesterly to latitude 4116'38" N. longitude
communication guards on selected radio frequencies. 7203'43" W.; and thence northwesterly to the point of beginning.

(9) No vessel in such condition that it is likely to sink or otherwise (6) Anchorage F. The waters off the mouth of New London
become a menace or obstruction to navigation or anchorage of Harbor two miles southeast of New London Ledge Light beginning
other vessels shall occupy an anchorage, except in cases where at latitude 4116'00" N., longitude 7203'13" W.; thence westerly
unforeseen circumstances create conditions of imminent peril to to latitude 4116'00" N., longitude 7203'38" W.; thence northerly
personnel, and then only for such period as may be authorized by to latitude 4116'35" N., longitude 7203'38" W.; thence easterly
the Captain of the Port. to latitude 4116'35" N., longitude 7203'13" W.; and thence
southerly to the point of beginning.
(10) All vessels anchored within the designated anchorage
grounds shall comply with the regulations found in 33 CFR 164.19 (b) The regulations
and shall maintain a continuous bridge watch by a licensed deck
officer proficient in English, monitoring VHF-FM Channel 16. This (1) Anchorage A is for barges and small vessels drawing less
individual shall confirm that the ship's crew performs frequent than 12 feet.
checks of the vessel's position to ensure the vessel is not
dragging anchor. A second VHF-FM radio monitoring Channel 13 (2) Anchorage F is reserved for the use of naval vessels and,
is strongly recommended. except in cases of emergency, no other vessel may anchor in
Anchorage F without permission from the Captain of the Port,
(11) Anchors shall be placed well within the anchorage grounds New London, CT.
so that no portion of the hull or rigging will at any time extend
outside of the anchorage area. (3) Except in emergencies, vessels shall not anchor in New
London Harbor or the approaches thereto outside the anchorages
(12) The Coast Guard Captain of the Port may close the defined in paragraph (a) of this section unless authorized to do so
anchorage area and direct vessels to depart the anchorage during by the Captain of the Port.
periods of adverse weather or at other times as deemed
necessary in the interest of port safety and security. [CGD3-80-4A, 46 FR 48193, Oct. 1, 1981, as amended by CGD3
85-56, 51 FR 32318, Sept. 11, 1986]
(13) Any vessel anchored in these grounds must be capable of
getting underway if ordered by the Captain of the Port and must 110.148 Johnsons River At Bridgeport, Conn.
be able to do so within two (2) hours of notification by the Captain (a) The anchorage grounds. In Johnsons River, beginning at a
of the Port. If a vessel will not be able to get underway within two point "A" latitude 4110'12.3", longitude 7309'50.2"; thence
(2) hours of notification, permission must be requested from the westerly to a point "B" latitude 4110'12.3", longitude 7309'52.1";
Captain of the Port to remain in the anchorage. No vessel shall thence southwesterly to point "C" latitude 4110'10", longitude
anchor in a "dead ship" status (propulsion or control unavailable 7309'54.9"; thence south southwesterly to point "D" latitude
for normal operations) without prior approval of the Captain of the 4110'05", longitude 7309'56.1"; thence southeasterly to point
Port. "E" latitude 4110'04", longitude 7309'55.9"; thence northeasterly
to point "F" latitude 4110'05", longitude 7309'54.5"; thence
(14) Fixed moorings, piles or stakes are prohibited. northerly to point "G" latitude 4110'05.8", longitude 7309'54.5";
thence northeasterly to the point of beginning.
[USCG-2008-0171, 75 FR 76277, Dec. 8, 2010]
(b) The regulations. The anchorage is for use by commercial and
110.147 New London Harbor, Conn. pleasure craft. Temporary floats or buoys for marking anchors or
(a) The anchorage grounds moorings will be allowed. The anchoring of vessels and placing of
(1) Anchorage A. In the Thames River east of Shaw Cove, temporary anchors or mooring piles are under the jurisdiction of
bounded by lines connecting points which are the following the local harbor master. Fixed mooring piles or stakes will not be
bearings and distances from Monument, Groton (latitude allowed.
4121'18" N., longitude 7204'48" W.): 243, 1,400 yards; 246,
925 yards; 217, 1,380 yards; and 235, 1,450 yards. 110.149 Narragansett Bay, RI.
(a) Brenton Point anchorage ground. An area bounded by the
(2) Anchorage B. In the Thames River southward of New London, following coordinates: 4122'37.1" N, 7114'40.3" W; thence to
bounded by lines connecting points which are the following 4120'42.8" N, 7114'40.3" W; thence to 4118'24.1" N,
bearings and distances from New London Harbor Light (latitude 7120'32.5" W; thence to 4120'22.6" N, 7120'32.5" W; thence
4118'59" N., longitude 7205'25" W.): 002, 2,460 yards; 009, back to point of origin.
2,480 yards; 026, 1,175 yards; and 008, 1,075 yards.
(b) The following regulations apply in the Brenton Point
(3) Anchorage C. In the Thames River southward of New London anchorage ground.
Harbor, bounded by lines connecting a point bearing 100, 450
yards from New London Harbor Light, a point bearing 270, 575 (1) Prior to anchoring within the anchorage area, all vessels shall
yards from New London Ledge Light (latitude 4118'21" N., notify the Coast Guard Captain of the Port via VHF-FM Channel
longitude 7204'41" W.), and a point bearing 270, 1,450 yards 16.
from New London Ledge Light.
(2) Except as otherwise provided, no vessel may occupy this
(4) Anchorage D. In Long Island Sound approximately two miles anchorage ground for a period of time in excess of 96 hours
west-southwest of New London Ledge Light, bounded by lines without prior approval of the Captain of the Port.
connecting points which are the following bearings and distances
from New London Ledge Light: 246, 2.6 miles; 247, 2.1 miles; (3) If a request is made for the long-term lay up of a vessel, the
233, 2.1 miles; and 235, 2.6 miles. Captain of the Port may establish special conditions with which
the vessel must comply in order for such a request to be
(5) Anchorage E. The waters at the mouth of New London approved.
Harbor one mile southeast of New London Ledge Light beginning
at latitude 4117'26" N., longitude 7204'21" W.; thence (4) No vessel in such condition that it is likely to sink or otherwise

187
become a menace or obstruction to navigation or anchorage of (1)(i) Boats shall not anchor in this area in buoyed channels.
other vessels shall occupy an anchorage except in cases where
unforeseen circumstances create conditions of imminent peril to (1)(ii) Boats shall be so anchored as to leave at all times an open,
personnel and then only for such period as may be authorized by usable channel, at least 50 feet wide, west and south of Glen
the Captain of the Port. Island.

(5) Anchors shall be placed well within the anchorage areas so NOTE: Special anchorage areas in this anchorage are described
that no portion of the hull or rigging will at any time extend outside in 110.60.
of the anchorage area.
(2) Anchorage No. 1-A. Southwest of a line ranging from Duck
(6) The Coast Guard Captain of the Port may close the anchorage Point, Echo Bay, through Bailey Rock Lighted Buoy 3 BR;
area and direct vessels to depart the anchorage during periods of northwest of a line ranging from Hicks Ledge Buoy 2H to Old Tom
adverse weather or at other times as deemed necessary in the Head Rocks Buoy 4; and north of a line ranging from Old Tom
interest of port safety and security. Head Rocks Buoy 4 to the southernmost point of Davenport Neck.

(7) Any vessel anchored in these grounds must be capable of Note to paragraph (a)(2): The special anchorage area in this
getting underway if ordered by the Captain of the Port and must anchorage is described in 110.60.
be able to do so within two hours of notification by the Captain of
the Port. If a vessel will not be able to get underway within two (3) Anchorage No. 1-B. West of a line ranging from the point on
hours of notification, permission must be requested from the the southwest side of the entrance to Horseshoe Harbor,
Captain of the Port to remain in the anchorage. No vessel shall Larchmont, to Hicks Ledge Buoy 2H; north of a line ranging from
anchor in a "dead ship" status (propulsion or control unavailable Hicks Ledge Buoy 2H to Duck Point; and in Echo Bay north and
for normal operations) without prior approval of the Captain of the west of the channel.
Port.
Note to paragraph (a)(3): The special anchorage area in this
(8) Brenton Point anchorage ground is a general anchorage area anchorage is described in 110.60.
reserved primarily for commercial vessels waiting to enter
Narragansett Bay. (4) Anchorage No. 2. West of a line from Locust Point tangent to
the northeasterly sea wall at Throgs Neck.
(9) Temporary floats or buoys for marking anchors or moorings in
place will be allowed in this area. Fixed mooring piles or stakes NOTE: Special anchorage areas in this anchorage are described
will not be allowed. in 110.60.

(10) All coordinates referenced use datum: NAD 83. (5) Anchorage No. 3. Northeast of a line from the south side of
Barker Point to Gangway Rock Bell Buoy 27; southeast of a line
[USCG-2009-1131, 77 FR 43517, July 25, 2012] from Gangway Rock Bell Buoy 27 to Sands Point Reef Lighted
Buoy 25; and southwest of a line from Sands Point Reef Lighted
110.150 Block Island Sound, N.Y. Buoy 25 through Sands Point Light to Sands Point.
(a) The anchorage ground. A 3/4- by 2-mile rectangular area
approximately 3 miles east-northeast of Gardiners Island with the (6) Anchorage No. 4. Manhassett Bay, excluding the seaplane
following coordinates: latitude 4106'12" N., longitude 7200'05" restricted area described in 207.35; and that portion of Long
W., latitude 4107'40" N., longitude 7201'54" W.; latitude Island Sound northeast of a line ranging from Stepping Stones
4108'12" N., longitude 7201'10" W.; latitude 4106'46" N., Light through Elm Point Buoy 2 to Elm Point; southeast of a line
longitude 7159'18" W. ranging from Stepping Stones Light to Gangway Rock Bell Buoy
27; and southwest of Anchorage No. 3.
(b) The regulations. This anchorage ground is for use of U.S.
Navy submarines. No vessel or person may approach or remain NOTE: Special anchorage areas in this anchorage are described
within 500 yards of a U.S. Navy submarine anchored in this in 110.60.
anchorage ground.
(7) Anchorage No. 5. In Little Neck Bay; and east of a line
[CGFR 70-114A, 36 FR 5604, Mar. 25, 1971] ranging from Fort Totten flagpole to Hart Island Light; and south
of Anchorage No. 4.
110.155 Port Of New York.
(a) Long Island Sound NOTE: Special anchorage areas in this anchorage are described
in 110.60.
(1) Anchorage No. 1. Southwest of a line between Neptune
Island and Glen Island ranging from Aunt Phebe Rock Light and (b) East River
tangent to the north edge of Glen Island; southwest of a line
tangent to the northeast edge of Glen Island and Goose Island (1) Anchorage No. 6. On Hammond Flats north of a line bearing
breakwater; southwest of a line bearing southeasterly from the 260 from the head of the pier on Throgs Neck at the foot of
southwest end of Goose Island breakwater and on range with the Pennyfield Avenue to the north tower of Bronx-Whitestone Bridge
south gable of the Casino on the northeast end of Glen Island; at Old Ferry Point.
west of a line ranging from the east edge of Goose Island
breakwater to the west edge of the north end of Hart Island; west (2) Anchorage No. 7. South of a line from Whitestone Point to
of Hart Island; and northwest of a line extending from Hart Island the outer end of Willets Point Wharf.
Light to Locust Point; excluding from this area, however, (i) the
waters northeast of a line ranging 303 from the southwest end of (3) Anchorage No. 8. North of a line bearing 259 between the
Hart Island; northwest of a line ranging from the water tank at the north tower of the Bronx-Whitestone Bridge at Old Ferry Point and
north end of Davids Island 20740' to the northwest end of City a point at latitude 4047'57", longitude 7352'16"; thence east of a
Island; and south of latitude 4052'12"; and (ii) the waters west of line bearing 0 to latitude 4048'06"; thence southeast of a line
Hunter Island; and south of a line ranging from the most southerly parallel to the bulkhead extending northeasterly to latitude
end of Glen Island tangent to the most northerly end of Hunter 4048'20"; thence north of a line bearing 296 to shore.
Island.

188
(4) Anchorage No. 9. East of a line from College Point Reef Light vessels the vessels anchored therein shall move when the
tangent to the west side of College Point; and south of a line from Captain of the Port directs them.
College Point Reef Light to Whitestone Point.
(4) Anchorage No. 18. All waters of the Hudson River bound by
(5) Anchorage No. 10. An area in Flushing Bay, beginning at a the following points: 4056'54.0" N, 07354'40.0" W; thence to
point on shore at La Guardia Airport at latitude 4046'49", 4056'51.0" N, 07354'24.0" W; thence to 4055'53.0" N,
longitude 7352'21"; thence to latitude 4047'20", longitude 07354'40.0" W; thence to 4055'56.0" N, 07354'58.0" W; thence
7351'55"; and thence to a point on shore at College Point at to the point of origin (NAD 83).
latitude 4047'38", longitude 7351'15"; and an area on the west
side of Bowery Bay, beginning at a point on shore at latitude (i) This anchorage ground is reserved for use by ships only.
4046'58", longitude 7353'46"; thence to latitude 4047'03",
longitude 7353'39"; thence to latitude 4047'00", longitude (ii) [Reserved]
7353'31"; thence to latitude 4046'55", longitude 7353'32"; and
thence to a point on shore at latitude 4046'49", longitude (5) Anchorages No. 19 East and 19 West.
7353'39".
(i) Anchorage No. 19 East. All waters of the Hudson River bound
NOTE: Special anchorage areas in this anchorage are described by the following points: 4049'42.6" N, 07357'14.7" W; thence to
in 110.60. 4049'45.9" N, 07357'22.0" W; thence to 4049'52.0" N,
07357'22.0" W; thence to 4050'08.3" N, 07357'10.8" W; thence
(6) Anchorage No. 11. An area in East River beginning at a point to 4050'55.4" N, 07356'59.7" W; thence to 4051'02.5" N,
on a pierhead at latitude 4047'55", longitude 7353'19.5"; thence 07356'57.4" W; thence to 4051'00.8" N, 07356'49.4" W; thence
to latitude 4047'40", longitude 7351'58"; and thence to a point along the shoreline to the point of origin.
on shore at latitude 4047'16", longitude 7352'15".
(ii) Anchorage No. 19 West. All waters of the Hudson River
(7) [Reserved] bound by the following points: 4046'56.3" N, 07359'42.2" W;
thence to 4047'36.9" N, 07359'11.7" W; thence to 4049'31.3" N,
(8) Anchorage No. 14. In Hallets Cove, east of a line from a point 07357'43.8" W; thence to 4049'40.2" N, 07357'37.6" W; thence
on shore 100 feet west of the southerly prolongation of 2d Street, to 4049'52.4" N, 07357'37.6" W; thence to 4049'57.7" N,
Astoria, to Gibbs Point. 07357'47.3" W; thence to 4049'32.2" N, 07358'12.9" W; thence
to 4049'00.7" N, 07358'33.1" W; thence to 4048'28.7" N,
(c) Hudson River 07358'53.8" W; thence to 4047'38.2" N, 07359'31.2" W; thence
to 4047'02.7" N, 07359'57.4" W; thence to the point of origin.
(1) Anchorage No. 16. North of a line on a range with the north
side of the north pier of the Union Dry Dock and Repair Company (iii) The following regulations apply to 33 CFR 110.155(c)(5)(i)
Shipyard, Edgewater, New Jersey; west of a line ranging 25 from and (ii):
a point 120 yards east of the east end of said pier to a point (500
yards from the shore and 915 yards from the Fort Lee flagpole) on (A) No vessel may conduct lightering operations in these
a line ranging approximately 10022' from the Fort Lee flagpole anchorage grounds without permission from the Captain of the
toward the square chimney on the Medical Center Building at Port. When lightering is authorized, the Captain of the Port New
168th Street, Manhattan; and south of said line ranging between York must be notified at least four hours in advance of a vessel
the Fort Lee flagpole and the square chimney on the Medical conducting lightering operations as required by 156.118 of this
Center Building. title.

(1)(i) When the use of Anchorage No. 16 is required by naval (B) Any vessel conducting lightering or bunkering operations shall
vessels, the vessels anchored therein shall move when the display by day a red flag (46 CFR 35.30-1; Pub 102; International
Captain of the Port directs them. Code of Signals signaling instructions) at its mast head or at least
10 feet above the upper deck if the vessel has no mast, and by
(2) Anchorage No. 17. All waters of the Hudson River bound by night the flag must be illuminated by spotlight. These signals shall
the following points: 4056'26.66" N, 07355'12.06" W; thence to be in addition to day signals, lights and whistle signals as required
4056'22.54" N, 07354'49.77" W; thence to 4055'56.00" N, by rules 30 (33 U.S.C 2030 and 33 CFR 83.30) and 35 (33 USC
07354'58.00" W; thence to 4055'54.15" N, 07354'46.96" W; 2035 and 33 CFR 83.35) of the Inland Navigation Rules when at
thence to 4054'18.43" N, 07355'21.12" W; thence to anchor in a general anchorage area.
4052'27.59" N, 07356'14.32" W; thence to 4051'34.20" N,
07356'52.64" W; thence to 4051'20.76" N, 07357'31.75" W; (C) Within an anchorage, fishing and navigation are prohibited
thence along the shoreline to the point of origin (NAD 83). within 500 yards of an anchored vessel displaying a red flag.

(i) When the use of Anchorage No. 17 is required by naval (D) These anchorage grounds are only authorized for use by tugs
vessels, the vessels anchored therein shall move when the and/or barges.
Captain of the Port directs them.
(E) No vessel may occupy this anchorage ground for a period of
(ii) [Reserved] time in excess of 96 hours without prior approval of the Captain of
the Port.
(3) Anchorage No. 18-A. East of lines bearing 8 from the
northwest corner of the crib icebreaker north of the New York (F) No vessel may anchor in Anchorage No. 19 East or No. 19
Central Railroad Company drawbridge across Spuyten Duyvil West without permission from the Captain of the Port.
Creek (Harlem River) to a point 250 yards offshore and on line
with the New York Central Railroad signal bridge at the foot of (G) Each vessel shall report its position within Anchorage No. 19
West 231st Street, extended, at Spuyten Duyvil, Bronx, New York; East or No. 19 West to the Captain of the Port immediately after
thence bearing 19 to the channelward face of the Mount St. anchoring.
Vincent Dock at the foot of West 261st Street, Riverdale, Bronx,
New York. (H) All coordinates referenced use datum: NAD 83.

(3)(i) When the use of Anchorage No. 18-A is required by naval (6) Anchorage No. 19-A. An area located west of Hyde Park

189
enclosed by the coordinates starting at 4148'35"N 07357'00"W; to 4039'53.5" N, 07403'53.7" W; thence to the point of origin
to 4148'35"N 07356'44"W; to 4147'32"N 07356'50"W; to (NAD 83).
4147'32"N 07357'10"W; thence back to 4148'35"N
07357'00"W (NAD 1983).
(i) See 33 CFR 110.155 (d)(9), (d)(16), and (l).
(6)(i) No vessel may anchor in Anchorage 19-A from December
16 to the last day of February without permission from the Captain (ii) [Reserved]
of the Port, New York.
(8) Anchorage No. 20-G. That area enclosed by coordinates
(6)(ii) No vessel less than 20 meters in length may anchor in
Anchorage 19-A without prior approval of the Captain of the Port, starting at 4039'30.1" N., 7404'08.0" W.; to 4039'32.0" N.,
7403'53.5" W.; to 4039'27.5" N., 7403'42.5" W.; to 4039'13.0"
New York.
N., 7403'51.0" W.; to 4039'09.5" N., 7404'23.1" W.; thence
(d) Upper Bay- back to 4039'30.1" N., 7404'08.0" W.

(1) Anchorage No. 20-A. (8)(i) See 33 CFR 110.155(d)(6), (d)(16), and (l).

(i) All waters bound by the following points: latitude 4042'06.9" N., (9) This anchorage is designated a naval anchorage. The Captain
longitude 07402'18.0" W.; thence to latitude 4042'05.4" N., of the Port may permit commercial vessels to anchor temporarily
longitude 07401'56.9" W.; thence to latitude 4041'54.9" N., in this anchorage, ordinarily not more than 24 hours, when the
longitude 07401'57.7" W.; thence to latitude 4041'54.0" N., anchorage will not be needed for naval vessels. Upon notification
longitude 07402'12.0" W.; thence to latitude 4041'54.4" N., of an anticipated naval arrival, any commercial vessel so
longitude 07402'11.7" W.; thence to latitude 4041'57.5" N., anchored must relocate at its own expense.
longitude 07402'07.5" W.; thence to latitude 4042'06.1" N.,
longitude 07402'19.1" W.; thence to the point of origin (NAD 83). (10) Anchorage No. 21-A. That area enclosed by coordinates
starting at 4040'22.5" N., 7401'35.2" W.; to 4040'20.5" N.,
(ii) See 33 CFR 110.155(d)(6), (d)(16), and (l). 7401'27.7" W.; to 4039'48.9" N., 7401'22.4" W.; to 4038'54.7"
N., 7402'18.9" W.; to 4039'03.0" N., 7402'26.3" W.; thence
(2) Anchorage No. 20-B. back to 4040'22.5" N., 7401'35.2" W. (10)

(i) All waters bound by the following points: latitude 4041'46.2" N., (10)(i) See 33 CFR 110.155(d)(16) and (l).
longitude 07402'23.0" W.; thence to latitude 4041'42.4" N.,
longitude 07402'00.5" W.; thence to latitude 4041'35.7" N., (10)(ii) No vessel may occupy this anchorage for a period of time
longitude 07402'02.7" W.; thence to latitude 4041'30.3" N., in excess of 96 hours without prior approval of the Captain of the
longitude 07402'06.3" W.; thence to latitude 4041'41.9" N., Port.
longitude 07402'29.2" W.; thence to the point of origin (NAD 83).
(11) Anchorage No. 21-B. That area enclosed by coordinates
(ii) See 33 CFR 110.155(d)(6), (d)(16), and (l). starting at 4040'23.8" N., 7402'10.9" W.; to 4040'26.2" N.,
7401'49.5" W.; to 4040'22.5" N., 7401'35.2" W.; to 4039'03.0"
(3) Anchorage No. 20-C. N., 7402'26.3" W.; to 4038'54.7" N., 7402'18.9" W.; to
4038'43.7" N., 7402'30.3" W.; to 4039'19.3" N., 7403'03.3" W.;
(i) All waters bound by the following points: latitude 4041'42.4" N., to 4039'22.3" N., 7403'02.4" W.; to 4040'18.6" N., 7402'25.5"
longitude 07402'41.5" W.; thence to latitude 4041'25.8" N., W.; thence back to 4040'23.8" N., 7402'10.9" W.
longitude 07402'09.2" W.; thence to latitude 4041'02.1" N.,
longitude 07402'24.7" W.; thence to latitude 4041'09.4" N., (11)(i) See 33 CFR 110.155(d)(16) and (l).
longitude 07402'40.0" W.; thence to latitude 4041'13.3" N.,
longitude 07402'41.5" W.; thence to latitude 4041'15.8" N., (11)(ii) No vessel with a draft of 10 feet (3.048 meters) or less
longitude 07402'32.6" W.; thence to latitude 4041'25.3" N., may occupy this anchorage without the prior approval of the
longitude 07402'29.1" W.; thence to latitude 4041'33.0" N., Captain of the Port.
longitude 07402'44.5" W.; thence to latitude 4041'32.5" N.,
longitude 07402'48.8" W.; thence to the point of origin (NAD 83). (11)(iii) No vessel may occupy this anchorage for a period of time
(ii) See 33 CFR 110.155(d)(6), (d)(16), and (l). in excess of 96 hours without prior approval of the Captain of the
Port.
(4) Anchorage No. 20-D. That area enclosed by coordinates
starting at 4041'09.5" N., 7402'49.5" W.; to 4040'59.2" N., (12) Anchorage No. 21-C. That area enclosed by coordinates
7402'27.9" W.; to 4040'44.5" N., 7402'37.5" W.; to 4040'42.7" starting at 4039'19.3" N., 7403'03.3" W.; to 4038'43.7" N.,
N., 7403'07.6" W.; thence back to 4041'09.5" N., 7402'49.5" W. 7402'30.3" W.; to 4038'41.6" N., 7402'32.5" W.; to 4038'03.0"
N., 7402'48.7" W.; to 4038'03.0" N., 7403'03.5" W.; to
(4)(i) See 33 CFR 110.155(d)(6), (d)(16), and (l). 4038'38.4" N., 7403'15.5" W.; thence back to 4039'19.3" N.,
7403'03.3" W.
(5) Anchorage No. 20-E. That area enclosed by coordinates
starting at 4040'38.2" N., 7402'59.6" W.; to 4040'39.4" N., (12)(i) See 33 CFR 110.155(d)(16) and (l).
7402'40.9" W.; to 4040'09.2" N., 7403'00.7" W.; to 4040'24.4"
N., 7403'24.6" W.; thence back to 4040'38.2" N., 7402'59.6" W. (12)(ii) No vessel with a draft of 33 feet (10.0584 meters) or less
may occupy this anchorage without the prior approval of the
(5)(i) See 33 CFR 110.155(d)(6), (d)(16), and (l). Captain of the Port.

(6) No vessel may occupy this anchorage for a period of time in (12)(iii) No vessel may occupy this anchorage for a period of time
excess of 72 hours without the prior approval of the Captain of the in excess of 96 hours without prior approval of the Captain of the
Port. Port.

(7) Anchorage No. 20-F. All waters bound by the following (13) Anchorage No. 23-A. That area enclosed by coordinates
points: 4040'12.2" N, 07403'39.9" W; thence to 4039'53.9" N, starting at 4038'36.5" N., 7404'13.5" W.; to 4038'37.0" N.,
07403'09.6" W; thence to 4039'38.9" N, 07403'19.5" W; thence 7403'49.0" W.; to 4038'23.4" N., 7403'37.2" W.; to 4037'49.5"

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N., 7403'25.7" W.; to 4037'49.8" N., 7403'50.1" W.; to 40 37' (16)(vi) If any vessel is so close to another that a collision is
50.0" N., 74 03' 50.2 W.; to 40 37' 53.0" N., 74 04' 07.0 W.; probable, each vessel must communicate with the other vessel
thence back to 40 38' 36.5" N., 74 04' 13.5 W.. and the Captain of the Port on Channel 16 FM and shall act to
eliminate the close proximity situation.
(13)(i) See 33 CFR 110.155(d)(16) and (l).
(16)(vii) No vessel may anchor unless it maintains the capability
(13)(ii) No vessel may occupy this anchorage for a period of time to get underway within 30 minutes except with prior approval of
in excess of 48 hours without the prior approval of the Captain of the Captain of the Port.
the Port.
(16)(viii) No vessel may anchor in a "dead ship" status (propulsion
(13)(iii) No vessel with a length overall in excess of 670 feet or control unavailable for normal operations) without the prior
(204.216 meters) may occupy this anchorage without the prior approval of the Captain of the Port.
approval of the Captain of the Port.
(16)(ix) Each vessel in a "dead ship" status must engage an
(13)(iv) No vessel with a draft of 40 feet (12.192 meters) or more adequate number of tugs alongside during tide changes. A tug
may occupy this anchorage without the prior approval of the alongside may assume the Channel 16 FM radio guard for the
Captain of the Port unless it anchors within 5 hours after ebb vessel after it notifies the Captain of the Port.
current begins at the Narrows.
(16)(x) No vessel may lighter in a "dead ship" status without prior
(13)(v) See 33 CFR 334.85 for information on anchoring near the approval from the Captain of the Port.
U.S. Navy restricted area adjacent to this anchorage.
(e) Lower Bay
(14) Anchorage No. 23-B. That area enclosed by coordinates
starting at 4037'49.8" N., 7403'50.1" W.; to 4037'49.5" N., (1) Anchorage No. 25. That area enclosed by coordinates
7403'25.7" W.; to 4037'27.0" N., 7403'18.1" W.; to 4037'23.0" starting at 4035'58.2" N., 7402'18.4" W.; to 4036'12.0" N.,
N., 7403'59.0" W.; to 4037'30.0" N., 7404'04.0" W.; to 7401'29.0" W.; to 4036'03.0" N., 7400'52.5" W., to 4034'57.5"
4037'37.5" N., 7403'46.0" W.; thence back to 4037'49.8" N., N., 7400'25.0" W.; to 4034'40.0" N., 7401'03.0" W.; to
7403'50.1" W. 4034'53.0" N., 7401'56.1" W.; to 4035'23.9" N., 7402'04.8" W.;
thence back to 4035'58.2" N., 7402'18.4" W.
(14)(i) See 33 CFR 110.155(d)(13)(ii) and (iv), (d)(16), and (l).
(1)(i) See 33 CFR 110.155(d)(16) and (l).
(14)(ii) No vessel with a length overall of 670 feet (204.216 meters)
or less may occupy this anchorage without the prior approval of (1)(ii) When the use of this anchorage is required by naval
the Captain of the Port. vessels, any commercial vessels anchored therein must move
when directed by the Captain of the Port.
(14)(iii) See 33 CFR 334.85 for information on anchoring near the
U.S. Navy restricted area adjacent to this anchorage. (1) (iii) No vessel may occupy this anchorage for a period of time
in excess of 96 hours without prior approval of the Captain of the
(15) Anchorage No. 24. That area enclosed by coordinates Port.
starting at 4037'23.0" N., 7403'59.0" W.; to 4037'27.0" N.,
7403'18.1" W.; to 4036'40.1" N., 7403'02.2" W.; to 4036'25.5" (f) Lower Bay
N., 7402'56.4" W.; to 4036'21.0" N., 7403'11.0" W.;
to4036'25.0" N., 7403'17.5" W.; thence back to 4037'23.0" N., (1) Anchorage No. 26. In Sandy Hook Bay south of a line
7403'59.0" W. extending from Point Comfort to Sandy Hook Point Light.

(15)(i) See 33 CFR 110.155(d)(13)(ii) and (iv), (d)(16), and (l). NOTE: Anchorages Nos. 49-F and 49-G in this area are reserved
for vessels carrying explosives (see paragraphs (m)(2) and (3)
(15)(ii) No vessel with a length overall of less than 800 feet ofthis section) and are excluded from use as general anchorages.
(243.84 meters), or with a draft of less than 40 feet (12.192
meters) may occupy this anchorage without the prior approval of (1)(i) Pleasure or commercial craft may not navigate or moor
the Captain of the Port. within 750 yards of the Naval Ammunition Depot Pier at Leonardo,
New Jersey, nor anchor in the approach channel or the turning
(16) Any vessel anchored in or intending to anchor in Federal basin adjacent thereto.
Anchorage 20-A through 20-G, 21-A through 21-C, 23-A and 23-B,
24 or 25 must comply with the following requirements: (1)(ii) When immediate action is required and representatives of
the Coast Guard are not present in sufficient force to exercise
(16)(i) No vessel may anchor unless it notifies the Captain of the effective control of shipping, the Commanding Officer of the Naval
Port when it anchors, of the vessel's name, length, draft, and its Ammunition Depot at Earle, New Jersey, may control the
position in the anchorage. anchorage or movement of any vessel, foreign or domestic, to the
extent he deems necessary to insure the safety and security of
(16)(ii) Each vessel anchored must notify the Captain of the Port his command.
when it weighs anchor.
(2) Anchorage No. 27. Atlantic Ocean-
(16)(iii) No vessel may conduct lightering operations unless it
notifies the Captain of the Port before it begins lightering (i) All waters bound by the following points: 4028'49.27" N,
operations. 07400'12.13" W; thence to 4028'52.12" N, 07400'00.56" W;
thence to 4028'40.88" N, 07358'51.95" W; thence to
(16)(iv) Each vessel lightering must notify the Captain of the Port 4025'57.91" N, 07354'55.56" W; thence to 4023'45.55" N,
at the termination of lightering. 07354'54.89" W; thence to 4023'45.38" N, 07358'32.10" W;
thence along the shoreline to the point of origin (NAD 83).
(16)(v) No vessel may anchor unless it maintains a bridge watch,
guards and answers Channel 16 FM, and maintains an accurate (ii) [Reserved]
position plot.
(iii) [Reserved]

191
(3) Anchorage No. 28. West of lines bearing 15430' from Fort (i) Arthur Kill
Wadsworth Light to Craven Shoal Lighted Bell Buoy 19A, thence
in succession to the buoys marking the east side of West Bank (1) Anchorage No. 41. The passage between Pralls Island and
and the buoys on the west side of Chapel Hill Channel to Staten Island included between a line running 29 from the
Southwest Spit Junction Lighted Gong Buoy, thence 182 to a line extreme northwest point of Pralls Island to a point on Staten
extending from Sandy Hook Point Light to Point Comfort; north of Island and a line from the southern point of Pralls Island to the
the latter line and the New Jersey shore; and east of a line north side of the mouth of Neck Creek at Travis, Staten Island.
bearing 353 from the head of the Keansburg Steamboat Pier at
Point Comfort, through Great Kills Flat Buoy 4, to the Staten (2) Anchorage No. 42. East of lines ranging from the head of the
Island shore; excluding from this area, however, (i) the waters Tottenville Shipyard Company pier at Tottenville, Staten Island, to
west of a line ranging from the stack on Hoffman Island 344 the first pier of the Outerbridge Crossing west from the Staten
through the northeast corner of the T-shaped pier at South Beach; Island shore, thence to Arthur Kill Light 10, thence to Arthur Kill
northwest of a line ranging from Great Kills Light 39 and tangent Light 14, and thence to Arthur Kill Lighted Buoy 16; and south of a
to the offshore face of the T-shaped pier at Midland Beach; and line from thence to Smoking Point.
northeast of a line ranging from the stack on Swinburne Island
301 to the shore end of the north jetty at New Creek; and (ii) the (j) Raritan Bay
waters west of a line ranging from Conover Light at Leonardo,
New Jersey, 340 through Old Orchard Shoal Light; northwest of (1) Anchorage No. 44. An area in Raritan Bay located at the
a line bearing 230 from the stack on Hoffman Island; and junction of Arthur Kill and Raritan River, beginning at a point at
northeast of a line ranging from Great Kills Light 332 through latitude 4030'07", longitude 7415'13"; thence to latitude
Marine Park Light at Crooks Point. 4030'01", longitude 7415'30"; thence to latitude 4029'27",
longitude 7415'06"; thence to latitude 4029'24", longitude
Note to paragraph (f)(3): The special anchorage area in this 7415'01"; thence to latitude 4029'15", longitude 7414'55";
anchorage is described in 110.60. thence to latitude 4029'14", longitude 7415'25"; thence to
latitude 4029'48", longitude 7415'48"; and thence to the point of
(g) [Reserved] beginning.

(h) Newark Bay (1)(i) The anchorage is restricted to deep-draft vessels except that
barges may moor in that portion of the anchorage southerly of
(1) Anchorage No. 34. All waters bound by the following points: latitude 4029'22".
4038'51.5" N, 07410'35.6" W; thence to 4039'20.2" N,
07409'50.8" W; thence to 4039'41.4" N, 07409'30.2" W; thence (1)(ii) No vessel shall occupy the deep-draft portion of the
to 4039'29.6" N, 07408'58.0" W; thence to 4039'21.7" N, anchorage for a longer period than 48 hours without a permit from
07408'50.8" W; thence to 4039'08.0" N, 07408'58.9" W; thence the Captain of the Port.
to 4038'49.9" N, 07409'20.0" W; thence to 4038'53.5" N,
07409'37.1" W; thence to 4038'52.0" N, 07409'41.6" W; thence (2) Anchorage No. 45. West of the Raritan Bay Channel leading
to the point of origin (NAD 83). into Arthur Kill; north of the Raritan River Channel leading into
Raritan River; and east of the Cutoff Channel between Raritan
(2) [Reserved] River and Arthur Kill, except that part of the said area occupied by
Anchorage No. 44.
(3) Anchorage No. 36. All waters bound by the following points:
4041'13.1" N, 07408'06.1" W; thence to 4041'12.7" N, (3) [Reserved]
07408'09.9" W; thence to 4040'51.0" N, 07408'29.7" W; thence
to 4040'44.7" N, 07408'29.8" W; thence to 4040'34.0" N, (4) Anchorage No. 46. West of the west limit of Anchorage No.
07408'12.0" W; thence to 4040'36.6" N, 07408'04.8" W; thence 28, as defined by a line bearing 353 from the head of the
to 4040'54.5" N, 07407'56.5" W; thence to 4041'03.3" N, Keansburg Steamboat Pier at Point Comfort, through Great Kills
07407'56.5" W; thence to the point of origin (NAD 83). Flat Buoy 4 to the Staten Island shore; north of Raritan Bay
Channel as defined by the buoys and lights marking the north
(4) Anchorage No. 37. North of the Central Railroad of New side of the channel, including Princess Bay; northeast of Raritan
Jersey bridge; east of a line ranging from a point 200 yards east Bay Channel leading into Arthur Kill; and south of a line bearing
of the east pier of the east lift span of the bridge to a point 200 243 from the gable of a house at Ward Point, Staten Island.
yards east of the east end of the lift span of the Pennsylvania-
Lehigh Valley Railroad bridge; and south of the latter bridge (5) Anchorage No. 47. South of the Raritan River Channel from
opposite the Sun Oil Company pier at South Amboy to Raritan
Note to paragraph (h)(4): The special anchorage area in this River Buoy 3; thence south of a line in the direction of Boundary
anchorage is described in 110.60. Daybeacon to latitude 4028'48.5", longitude 7414'31.6"; thence
south of lines through Raritan Bay Light 7B, Raritan Bay Light 3A,
and the buoys marking the south side of Raritan Bay Channel Off
(5) Anchorage No. 38. North of the Pennsylvania-Lehigh Valley
Seguine Point to the west limit of Anchorage No. 28 as defined by
Railroad bridge; east of lines ranging through a point 200 yards
a line bearing 353 from the head of the Keansburg Steamboat
east of the east end of the lift span of the said bridge and the red
Pier through Great Kills Flat Buoy 4 to the Staten Island shore;
channel buoys marking the dredged channel in Newark Bay and
and west of the latter line.
Hackensack River; and south of the Central Railroad Company of
New Jersey bridge.
(5)(i) Vessels shall not anchor in the channel to Keyport Harbor
west of lines ranging from Keyport Channel Buoy 1 to Keyport
(6) Anchorage No. 39. Between the entrance channels of the Channel Buoy 9, thence through Keyport Channel Buoys 11 and
Hackensack and Passaic Rivers, northwest of lines from the 13 to the northeast corner of the easterly steamboat wharf; and
abutment of the Central Railroad of New Jersey bridge on the east of a line extending from a point 400 yards west of Keyport
west side of the Hackensack River to Hackensack River Light 1, Channel Buoy 1 tangent to the west shore at the mouth of
and thence to Newark Bay Light 5, and east of a line from said Matawan Creek.
light ranging toward the southeast corner of the Texas Company
wharf, and of a line ranging from the southeast corner of Gross (k) [Reserved]
Wharf to the abutment and end of fill of the Central Railroad of
New Jersey bridge on the east side of the Passaic River. (l) General regulations.

192
(1) No vessel in excess of 800 feet (243.84 meters) in length anchorage at speed exceeding 6 knots when in the vicinity of a
overall or 40 feet (12.192 meters) in draft may anchor unless it moored vessel.
notifies the Captain of the Port at least 48 hours prior to entering
Ambrose Channel. (8)(iv) In an emergency the Captain of the Port may shift the
position of any unattended vessel moored in or near any
(2) Except in cases of great emergency, no vessel shall be anchorage.
anchored in the navigable waters of the Port of New York outside
of the anchorage areas established in this section, nor cast (8)(v) Mooring anchor, chain, and pendant (if applicable)
anchor within a cable or pipe line area shown on a Government requirements are shown in Table 110.155(l)(7). These
chart, nor be moored, anchored, or tied up to any pier, wharf, or requirements may be waived or modified by the Captain of the
vessel in such manner as to obstruct or endanger the passage of Port upon written request from the applicant for such waiver or
any vessel in transit by, or to or from, adjacent wharves, piers, or modification.
slips.
(8)(vi) The mooring buoy shall be white in color with the Captain
(3) No vessel shall occupy for a longer period than 30 days, of the Port mooring permit number, in black letters, clearly visible
unless a permit is obtained from the Captain of the Port for that at all times. The buoy is to extend not less than 1 foot above the
purpose, any anchorage for which the time of occupancy is not surface of the water at all times, exclusive of flagstaffs, rings,
otherwise prescribed in this section. No vessel in a condition such quick pickup devices, etc.
that it is likely to sink or otherwise become a menace or
obstruction to navigation or anchorage of other vessels shall (8)(vii) All required equipment shall be provided by, installed by,
occupy an anchorage except in an emergency, and then only for and remain the property of the permit holder.
such period as may be permitted by the Captain of the Port.
(8)(viii) Mooring equipment should be raised at least every 2
(4) Whenever, in the opinion of the Captain of the Port, such years, inspected for deterioration and replaced if necessary.
action may be necessary, that officer may require any or all
vessels in any designated anchorage area to moor with two or (8)(ix) Each person holding a mooring permit shall make what the
more anchors. Captain of the Port-New York considers reasonable use of the
mooring. Nonuse of a mooring up to 30 days during the boating
(5) Every vessel whose crew may be reduced to such number season is deemed reasonable.
that it will not have sufficient men on board to weigh anchor at any
time shall be anchored with two anchors, with mooring swivel put (8)(x) Moorings for which permits have expired without renewal or
on before the crew shall be reduced or released, unless the have been revoked by the Captain of the Port-New York shall be
Captain of the Port shall waive the requirement of a mooring removed by the owner within 10 days of such expiration or
swivel. revocation.

(6) Anchors of all vessels must be placed well within the (8)(xi) Granting of a Captain of the Port-New York mooring permit
anchorage areas, so that no portion of the hull or rigging shall at does not give a right of access across private property.
any time extend outside the boundaries of the anchorage area. Arrangements for access shall be made by the permit holder.

(7) Any vessel anchoring under circumstances of great (8)(xii) Each person to whom a Captain of the Port-New York
emergency outside of the anchorage areas must be placed near mooring permit is issued agrees to hold harmless the United
the edge of the channel and in such position as not to interfere States, its officers, agents, and employees, for any death,
with the free navigation of the channel nor obstruct the approach personal injury, or damage which may result from the use of the
to any pier nor impede the movement of any boat, and shall move permit or the rights granted under the permit.
away immediately after the emergency ceases, or upon
notification by the Captain of the Port.{See Table 110.155(L)(7) (8)(xiii) No vessel shall continuously occupy a mooring when a
located on the next page} vessel in regular traffic requires the berth or when navigation
would be menaced or inconvenienced thereby.
(8) Operations near commercial mooring buoys permitted by the
District Engineer, U.S. Army Corps of Engineers. (8)(xiv) No vessel shall moor in any anchorage in such a manner
as to interfere with the use of a duly authorized mooring buoy. Nor
(8)(i) No vessel shall continuously occupy a mooring when a shall any vessel moored to a buoy authorized by a Captain of the
vessel in regular traffic requires the berth or when navigation Port-New York permit be moored such that any portion of that
would be menaced or inconvenienced thereby. vessel comes within 50 feet of a marked or dredged channel.

(8)(ii) No vessel shall moor or anchor in any anchorage in such a (8)(xv) No vessel shall be navigated within the limits of an
manner as to interfere with the use of a duly authorized mooring anchorage at speed exceeding 6 knots when in the vicinity of a
buoy. Nor shall any vessel moored to a buoy authorized by the moored vessel.
District Engineer, U.S. Army Corps of Engineers be moored such
that any portion of that vessel comes within 50 feet of a marked or (8)(xvi) In an emergency the Captain of the Port may shift the
dredged channel. position of any unattended vessel moored in or near any
anchorage.
(8)(iii) No vessel shall be operated within the limits of an

193
TABLE 110.155(L)(7)

(9) Barge dispensing stations and stake boats may be anchored (3) Anchorage No. 49-G (naval anchorage). That portion of
in such places as the Captain of the Port may designate. Sandy Hook Bay bounded by a line bearing 208, 1,350 yards,
from a point bearing 29230', 3,600 yards, from Sandy Hook Light;
(10) Upon approval of the District Engineer, Corps of Engineers, thence 298, 620 yards; thence 002, 1,250 yards; thence 107,
the Captain of the Port may permit wrecking plant or other vessels 1,150 yards, to the point of beginning.
legally engaged in recovering sunken property, or in laying or
repairing pipe lines or cables legally established, or plant engaged (3)(i) No pleasure or commercial craft shall navigate or moor
in dredging operations, to anchor within channels of the Port of within this area at any time when vessels which are moored in the
New York. Permit issued by the Captain of the Port is not area display a red flag by day or a red light by night.
necessary for plant engaged upon works of river and harbor
improvement under the supervision of the District Engineer, but (n) Regulations for explosive anchorages.
the District Engineer will notify the Captain of the Port in advance
of all such proposed work. (1) Anchorages Nos. 49-F and 49-G are reserved for vessels
carrying explosives. All vessels carrying explosives shall be within
(11) Whenever the maritime or commercial interests of the United these areas when anchored, except as provided in paragraph
States so require, the Captain of the Port is hereby empowered to (n)(6) of this section.
shift the position of any vessel anchored within the anchorage
areas, of any vessel anchored outside the anchorage areas, of (2) A written permit shall be obtained from the Captain of the Port
any vessel which is so moored or anchored as to impede or before vessels carrying explosives, or on which explosives are to
obstruct vessel movements in any channel or obstruct or interfere be loaded, may proceed to the anchorages provided for them;
with range lights and of any vessel which, lying at the exterior end and no vessel shall occupy a berth in such anchorage except by
of a pier or alongside an open bulkhead, obstructs or endangers authority of such permit, which permit may be revoked at any time.
the passage of vessels in transit by, or to or from, adjacent wharf
property or impedes the movements of vessels entering or leaving (3) Vessels used in connection with loading or unloading
adjacent slips. explosives on vessels in anchorage areas, including tugs and
stevedore boats, shall carry a written permit from the Captain of
(12) A vessel upon being notified to move into the anchorage the Port. The Captain of the Port may, in his discretion, require
limits or to shift its position on anchorage grounds, shall get under every person having business on board vessels which are being
way at once or signal for a tug, and shall change position as loaded with explosives, other than members of the crew, to have
directed, with reasonable promptness. a pass from the Captain of the Port in such form as he shall
prescribe. Such permit or pass shall be shown whenever required
(13) Nothing in this section shall be construed as relieving any by him or by his authorized agents.
vessel or the owner or person in charge of any vessel from the
penalties of law for obstructing navigation or for obstructing or (4) Whenever any vessel not fitted with mechanical power
interfering with range lights, or for not complying with the anchors in the explosives anchorages while carrying explosives,
navigation laws in regard to lights, fog signals, or for otherwise the Captain of the Port may require the attendance of a tug upon
violating law. such vessel when in his judgment such action is necessary.

(14) Any vessel prohibited by these rules from anchoring in a (5) Vessels carrying explosives shall comply with the general
specific anchorage because of the vessel's length or draft may egulations in paragraph (l) of this section when applicable.
anchor in the anchorage with permission from the Captain of the
Port. (6) The District Engineer, Corps of Engineers, may authorize, in
writing, a vessel carrying explosives for use on river and harbor
(m) Anchorages for vessels carrying explosives. works or on other work under Federal permit issued by the District
Engineer to anchor in or near the vicinity of such work without a
(1) [Reserved] permit from the Captain of the Port. The District Engineer will
prescribe the quantities of such explosives allowed on such
(2) Anchorage No. 49-F (emergency naval anchorage). That vessel and the conditions under which they are to be stored and
portion of Sandy Hook Bay bounded by a line bearing 170, 3,800 handled, and will furnish the Captain of the Port with a copy of
yards, from a point bearing 28130', 2,050 yards from Sandy such safety instructions together with a copy of his written
Hook Light; thence 260, 500 yards; thence 350, 3,800 yards; authorization.
thence 080, 500 yards, to the point of beginning.
(7) Every vessel loading, unloading, transporting, or containing
(2)(i) This anchorage is to be used for the anchorage of naval explosives shall display by day a red flag at least 16 square feet
vessels during emergencies only. in area at its masthead, or at least 10 feet above the upper deck if
the vessel has no mast, and shall display by night a red light in
(2)(ii) No pleasure or commercial craft shall navigate or moor the same position specified for the flag.
within this area at any time when naval vessels which are moored
in the area display a red flag by day or a red light by night. (8) When local regulations of any place require previous local

194
authority for the transfer of explosives or fireworks between and over all cargo transfer operations in Anchorage A is exercised
vessels or between a vessel and a wharf or other place ashore, by the Captain of the Port, Philadelphia. The regulations of
the Captain of the Port will permit the removal from the anchorage paragraphs (b)(1) and (b)(2) of this section do not apply to this
of such vessel containing explosives to any place covered by anchorage.
such local regulations only when he is satisfied that the required
local authority has been granted. (2) Anchorage 1 off Bombay Hook Point. On the southwest
side of the channel along Liston Range, bounded as follows:
NOTE: The anchorage in this section are regulated under Title I, Beginning at a point (approximately latitude 39 17 59 ,
Ports and Waterways Safety Act of 1972 as stated in 110.1a(a) longitude 752307) bearing 228 from Ship John Shoal Light,
of this part. The penalties for violating regulations under this Act 167 yards southwest of the southwest edge of the channel along
are stated in 110.1a(b) of this part. Liston Range; thence 228, 2,000 yards; thence 318, 8,000
yards; thence 48, 2,000 yards; and thence 138, 8,000 yards, to
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967] the point of beginning.

Editorial Note: For Federal Register citations affecting 110.155, (3) Anchorage 2 northwest of Artificial Island. On the east side
see the List of CFR Sections Affected, which appears in the of the channel along Reedy Island Range, bounded as follows:
Finding Aids section of the printed volume and at www.fdsys.gov Beginning at a point bearing 105 from the northernmost point of
Reedy Island, 167 yards easterly of the east edge of the channel
110.156 Randall Bay, Freeport, Long Island, N.Y. along Reedy Island Range; thence 105 , 800 yards; thence
(a) The anchorage grounds. Southward of a line 312 feet south
195 , 4,500 yards; thence 285 , 800 yards to a point
of and parallel to the south side of Casino Street; eastward of a
line 215 feet east of and parallel to the east side of West Side (approximately latitude 392858, longitude 753337)
Avenue, said line extending southerly to a point 233 feet north of opposite the intersection of Reedy Island and Baker Ranges; and
the prolonged north side of Clinton Street; northeastward of a line thence 15, 4,500 yards, to the point of beginning.
from the last-mentioned point to a point 243 feet southerly of the
prolonged south side of Clinton Street and 210 feet east of the (4) Anchorage 3 southeast of Reedy Point. Southeast of the
east side of Prospect Street; eastward of a line 210 feet east of entrance to the Chesapeake and Delaware Canal at Reedy Point,
and parallel to the east side of Prospect Street; northward of a bounded on the east by the west edge of the channel along
line 25 feet north of and parallel to the prolonged north side of Reedy Island and New Castle Ranges; on the west by a line
Suffolk Street; westward of a line 210 feet west of and parallel to beginning at a point on the west edge of the channel along Reedy
the west side of South Long Beach Avenue, said line extending Island Range at latitude 393143, thence to a point bearing
northerly to a point 222 feet south of the prolonged south side of 16830, 3,150 yards, from Chesapeake and Delaware Canal 2
Queens Street; southwestward of a line from the last-mentioned Light, and thence to a point bearing 131, 1,160 yards, from
point to a point 74 feet northerly of the prolonged north side of Chesapeake and Delaware Canal 2 Light; and on the north by a
Queens Street and 120 feet west of the west side of Roosevelt line running from the last-described point 113 30 ,
Avenue; and westward of a line 120 feet west of and parallel to approximately 813 yards, to the west edge of the channel along
the west side of Roosevelt Avenue. New Castle Range.
(b) The regulations. (5) Anchorage 4 north of Reedy Point. North of the entrance to
the Chesapeake and Delaware Canal at Reedy Point, on the west
(1) When applied for, a berth in this anchorage, if available, may side of the river, bounded as follows: Beginning at a point
be assigned to any vessel by the Captain of the Port of Long (approximately latitude 393351, longitude 753335)
Island Sound.
34458 true, 160 yards from Chesapeake and Delaware Canal
(2) The Captain of the Port is authorized to issue permits for Light 2; thence 30626, 1,442 yards; thence 3626, 377
maintaining mooring buoys within the anchorage. The method of yards; thence 12626, 1,442 yards; thence 21626, 377
anchoring these buoys shall be as prescribed by the Captain of yards to the point of beginning.
the Port.
(6) Anchorage 5 southeast of Pea Patch Island. On the
(3) No vessel shall anchor in the anchorage in such manner as to northeast side of the channel along New Castle Range, bounded
interfere with the use of a duly authorized mooring buoy. as follows: Beginning at latitude 393428, longitude 75
3306; thence 334, 2,343 yards; thence 64, 512 yards;
(4) No vessel shall be navigated within the anchorage at a speed thence 154, 2,343 yards; and thence 244, 512 yards, to the
exceeding six knots. point of beginning.

(5) In case of emergencies, the Captain of the Port is authorized (7) Anchorage 6 off Deepwater Point. Southeast of the entrance
to shift the position of any unattended vessel moored in or near to Christina River, on the east side of the channel along Cherry
the anchorage. Island Range, bounded as follows: Beginning at latitude 3941
31, longitude 753055; thence 17, 2,747 yards; thence
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by
112, 847 yards; thence 215, 1,340 yards; thence 204, 893
USCG-2012-0306, 77 FR 37313, June 21, 2012]
yards; thence 18630, 500 yards; and thence 286, 377
110.157 Delaware Bay And River. yards, to the point of beginning. Vessels must not cast anchor in
(a) The anchorage grounds the cable area at the lower end of this anchorage except in case
of emergency.
(1) Anchorage A off the entrance to the Mispillion River. In
(8) Anchorage 7 off Marcus Hook.
Delaware Bay southwest of Brandywine Channel beginning at
latitude 385357 N., longitude 750800 W., thence
(i) On the southeast side of the channel along Marcus Hook
northwesterly to latitude 390122 N., longitude 7513 Range, bounded by a line connecting the following points:
25 W., thence southwesterly to latitude 39 00 49 N.,
longitude 751457 W., thence southeasterly to latitude 38 Latitude Longtitude
5322 N., longitude 750926 W., thence northeasterly to
the point of beginning. Supervision over the anchoring of vessels

195
394917.254 N 752250.0994W 19616, 882 yards to latitude 395408.5; thence 354
36, 267 yards to the point of beginning. The area between New
394839.984 N 752317.238 W
York Shipbuilding Corporation Pier No. 2 and the MacAndrews
394745.309 N 752501.278 W and Forbes Company pier, Camden, shall be restricted to
394743.111 N 752600.186 W facilitate the movement of carfloats to and from Bulson Street,
(DATUM: NAD 83) Camden. The area in front of the Public Service Electric and Gas
Company pier shall be restricted to facilitate the movement of
(ii) A vessel that is arriving from or departing for sea and that vessels to and from the pier. Should the anchorage become so
requires an examination by public health, customs, or immigration congested that vessles are compelled to anchor in these
authorities shall anchor in the preferential area of this anchorage restricted areas, they must move immediately when another berth
designated for the use of vessels awaiting quarantine inspection, is available.
this area being the waters bounded by the arc of a circle with a
radius of 366 yards and with the center located at: (14) Anchorage 13 at Camden. On the east side of the channel
adjoining and on the upstream side of Anchorage 12, to Cooper
Point, Camden, bounded as follows: Beginning at a point on the
Latitude Longtitude
east edge of the channel at latitude 39 56 32.5; thence
northerly along the edge of the channel to latitude 39 57
394846.334 N 752326.881 W 39.7; thence 139, 217 yards to a point on a line 100 feet west
(DATUM: NAD 83) of the established pierhead line; thence southerly along this line to
latitude 395626.5; thence 313, 283 yards to the point of
(iii) Should the remainder of the anchorage be in use, the beginning.
preferential area, when available, may be used by vessels not
subject to quarantine inspection. (15) Anchorage 14 opposite Port Richmond. On the southeast
side of the channel, north of Petty Island, bounded as follows:
(9) Anchorage 8 off Thompson Point. On the south side of the Beginning at a point on the southeast edge of the channel at
channel along Tinicum Range, between Thompson Point and the longitude 750543; thence 163, 248 yards; thence 253,
east side of Crab Point, bounded as follows: Beginning at a point 1,978 yards, to the southeast edge of the channel; and thence
on the south edge of the channel along Tinicum Range at northeasterly along the edge of the channel to the point of
longitude 751824; thence easterly along the edge of the beginning. Vessels having a draft of less than 20 feet must anchor
channel to longitude 751754; thence 179, 267 yards; southwest of Pier No. 11, Port Richmond. The area off the Cities
thence 26030, 793 yards; thence 358, 425 yards, to the Service Oil Company wharves, Petty Island, shall be restricted to
point of beginning. facilitate the movement of vessels to and from the wharves.

(10) Anchorage 9 near entrance to Mantua Creek. On the (16) Anchorage 15 off northeasterly end of Petty Island. On
southeast side of the channel along Mifflin Range, bounded as the southeast side of the channel, bounded as follows: Beginning
follows: Beginning at a point on the southeast edge of the channel at a point on the southeast edge of the channel at longitude 75
at longitude 751426; thence northeasterly along the edge 0534.7; thence northeasterly along the southeast edge of the
of the channel to longitude 751201.5; thence 20330, channel to longitude 750509.5; thence 171, 198 yards;
933 yards; thence 23330, 3,058 yards; and thence 263 thence 26030, 667 yards; and thence 351, 198 yards, to
30, 933 yards, to the point of beginning. Vessels must not cast the point of beginning. When necessary, this anchorage will be
anchor in this anchorage in such manner as to interfere reserved for vessels under the custody of the United States, at
unreasonably with the passage of other vessels to and from which time other vessels may be required by the Captain of the
Mantua Creek. Port to shift position.

(11) Anchorage 10 (naval) at Naval Base, Philadelphia. On the (17) Anchorage 16 between Port Richmond and Five Mile
north side of the channel along West Horseshoe Range, bounded Point. On the northwest side of the channel, bounded as follows:
as follows: Beginning at the southeasterly corner of Pier 7 Beginning at a point on the northwest edge of the channel at
(approximately latitude 395311, longitude 750958.5); longitude 750535; thence northeasterly along the edge of
thence 174, 525 yards, to the north edge of the channel along the channel to longitude 750420; thence 328, 125 yards;
West Horseshoe Range; thence 27330 along the edge of the thence 243, 450 yards; thence 251, 475 yards; thence 257,
channel, 880 yards; thence 354, 433 yards, to the southeasterly 1,042 yards; thence 174 30 , 122 yards, to the point of
corner of Pier 1; and thence 8830, 875 yards, to the point of beginning. When necessary, this anchorage will be reserved for
beginning. This is a restricted naval anchorage. vessels under the custody of the United States, at which time
other vessels may be required by the Captain of the Port to shift
(12) Anchorage 11 at Gloucester. On the east side of the position.
channel south of the Walt Whitman Bridge at Gloucester,
bounded as follows: Beginning at a point on the east edge of the (b) General regulations.
channel at latitude 395416; thence 17430, 500 yards,
(1) Except in cases of great emergency, no vessel shall be
to latitude 395402, longitude 750743; thence 202,
anchored in Delaware Bay and River between Ship John Light
1,133 yards; thence 21730, 1,142 yards, to the east edge of and The Pennsylvania Railroad Company bridge at Delair, New
channel; thence northeasterly along the edge of the channel to Jersey, outside of the anchorage areas established in this section,
the point of beginning. or within a cable or pipe line area shown on a Government chart,
or be moored, anchored, or tied up to any pier, wharf, or other
(13) Anchorage 12 between Gloucester and Camden. On the vessel in such manner as to obstruct or endanger the passage of
east side of the channel adjoining and on the upstream side of any vessel. When an emergent condition exists due to congestion
Anchorage 11, from the Gloucester to Camden, bounded as in the prescribed anchorage areas in the Delaware River, the
follows: Beginning at a point on the east edge of the channel at Captain of the Port may authorize the anchorage of vessels in
latitude 395416; thence northerly along the edge of the locations other than the prescribed areas. Vessels so anchored
channel to latitude 395632.5; thence 133, 283 yards to a must not be anchored within the channel limits. Any vessel
point on a line 100 feet west of the established pierhead line; anchored outside of the prescribed anchorage limits must move to
thence southerly along this line to latitude 395434; thence a prescribed anchorage area when space becomes available.

196
(2) No vessel shall occupy any prescribed anchorage for a longer (B) Any vessel from 700 to 750 feet in length shall have one tug
period than 48 hours without a permit from the Captain of the Port. alongside at all times while the vessel is at anchor.
Vessels expecting to be at anchor for more than 48 hours shall
obtain a permit from the Captain of the Port for that purpose. No (C) Any vessel greater than 750 feet in length shall have two tugs
vessel in such condition that it is likely to sink or otherwise alongside at all times while the vessel is at anchor.
become a menace or obstruction to navigation or anchorage of
other vessels shall occupy an anchorage except in an emergency, (D) The Master, owner or operator of a vessel at anchor shall
and then only for such period as may be permitted by the Captain ensure that any tug required by this section is of sufficient
of the Port. horsepower to assist with necessary maneuvers to keep the
vessel clear of the navigation channel.
(3) Whenever, in the opinion of the Captain of the Port such
action may be necessary, he may require any or all vessels in any (iii) As used in this section, Captain of the Port means the
designated anchorage area to moor with two or more anchors. Commander of Sector Delaware Bay or any Coast Guard
commissioned, warrant or petty officer who has been authorized
(4) [Reserved] by the Captain of the Port to act on his behalf. The Captain of the
Port may be contacted by telephone at (215) 271-4807 or via VHF
(5) Anchors shall be placed well within the anchorage areas, so marine band radio, channel 16.
that no portion of the hull or rigging will at any time extend outside
of the anchorage area. (c) Regulations for vessels carrying and handling explosives.

(6) Light-draft barges using the anchorages shall be anchored (1) All vessels carrying explosives as defined in and subject to
away from the deeper portions of the anchorages, so as not to Title 49 Code of Federal Regulations, Parts 171 through 177, or
interfere with the anchoring of deep-draft vessels. Any barges on which such explosives are to be loaded, shall obtain a permit
towed in tandem to an anchorage area shall be bunched together from the Captain of the Port, except as provided in paragraph
when anchoring. (c)(5) of this section. The maximum amount of explosives for
which a permit is required in 49 CFR Parts 171 through 177,
(7) Upon approval of the District Engineer, Corps of Engineers, which may be carried or loaded at any time by a vessel shall not
the Captain of the Port may permit wrecking plant or other vessels exceed 800 tons, except in cases of great emergency or by
legally engaged in recovering sunken property, or in laying or special permit from the Captain of the Port. This written permit
repairing pipe lines or cables, or plant engaged in dredging shall be obtained from the Captain of the Port before vessels
operations, to anchor in channels. Such permission is not carrying explosives or on which explosives are to be loaded within
necessary for plant engaged upon works of river and harbor the weight limit specified in paragraph (c)(1) of this section, may
improvement under the supervision of the District Engineer, but anchor in any anchorge. Permits will not be issued for Anchorage
the District Engineer will notify the Captain of the Port in advance 2 under any circumstances. Such permit may be revoked at any
of all such proposed work. time. All vessels used in connection with loading, or unloading
explosives shall carry written permits from the Captain of the Port,
(8) [Reserved] and shall show such permit whenever required by him or his
representative.
(9) A vessel upon being notified to shift its position shall get under
way at once or signal for a tug and shall change position as (2) Vessels handling explosives shall be anchored so as to be at
directed with reasonable promptness. least 2,200 feet from any other vessel, but the number of vessels
which may anchor in an anchorage at any one time shall be at the
(10) Nothing in this section shall be construed as relieving any discretion of the Captain of the Port. This provision is not intended
vessel or the owner or person in charge of any vessel from the to prohibit barges or lighters from tying up alongside the vessels
penalties of law for obstructing navigation or for obstructing or for the transfer of cargo.
interfering with range lights, or for not complying with the laws
relating to lights and fog signals or other navigation laws and (3) Whenever a vessel or barge not mechanically self-propelled
regulations. anchors while carrying explosives or while awaiting the loading of
explosives, the Captain of the Port may require the attendance of
(11) Annually from September 1 until December 31, additional a tug upon such vessel or barge when in his judgment such action
requirements and restrictions in this paragraph for the use of is necessary.
anchorages defined in paragraphs (a)(7), (a)(8), and (a)(10) of
this section apply. (4) Fishing and navigation are prohibited within an anchorage
whenever occupied by an anchored vessel displaying a red flag.
(i) Before anchoring in Anchorage 7 off Marcus Hook, as
described in paragraph (a)(8) of this section, a vessel must first (5) The District Engineer, U.S. Army Corps of Engineers, may
obtain permission from the Captain of the Port, Philadelphia, at authorize, in writing, a vessel carrying explosives for use on river
least 24 hours in advance of arrival. Permission to anchor will be and harbor works or on other work under Department of the Army
granted on a first-come, first-served basis. The Captain of the permit, to anchor in or near the vicinity of such work. The Captain
Port, Philadelphia, will allow only one vessel at a time to be at of the Port will prescribe the conditions under which explosives
anchor in Anchorage 7, and no vessel may remain within shall be stored and handled in such cases.
Anchorage 7 for more than 12 hours. Any vessel arriving from or
departing to sea that requires an examination by the public health (6) Vessels carrying explosives or on which explosives are to be
service, customs or immigration authorities will be directed to an loaded, within the weight limit specified in paragraph (c)(1) of this
anchorage for the required inspection by the Captain of the Port section, shall comply with the general regulations in paragraph (b)
on a case-by-case basis. of this section when applicable.

(ii) For Anchorage 6 off Deepwater Point, as described in (7) Nothing in this section shall be construed as relieving any
paragraph (a)(7) of this section, and Anchorage 9 as described in vessel or the owner or person-in-charge of any vessel, and all
paragraph (a)(10) of this section. others concerned, of the duties and responsibilities imposed upon
them to comply with the regulations governing the handling,
(A) Any vessel 700 feet or greater in length requesting anchorage loading or discharging of explosives entitled Subchapter C
shall obtain permission from the Captain of the Port, Philadelphia, Hazardous Materials Regulations (49 CFR Parts 171 through
Pennsylvania, at least 24 hours in advance. 177).

197
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD (5) Anchorage No. 4, general anchorage.
77-212A, 47 FR 20579, May 13, 1982; CGD 3-80-3A, 48 FR
13418, Mar. 31, 1983; CCGD 3-82-31, 48 FR 23638, May 26, (i) The waters bounded by a line connecting the following points:
1983; 48 FR 30622, July 5, 1983; CGD3-83-72, 49 FR 25444,
June 21, 1984; CGD 92-050, 59 FR 39965, Aug. 5, 1994; Latitude Longitude
CGD05-94-088, 60 FR 10020, Feb. 23, 1995; CGD05-04-035, 70 3913'52.91" N 7632'29.60" W
FR 40886, July 15, 2005] 3914'05.91" N 7632'43.30" W
3914'07.30" N 76.12" W
110.158 Baltimore Harbor, MD. 3914'17.96" N 7632'26.41" W
(a) Anchorage Grounds. 3914'05.32" N 7632'13.09" W
3914'00.46" N 7632'17.77" W
(1) Anchorage No. 1, general anchorage.
(ii) No vessel shall remain in this anchorage for more than 72
(i) The waters bounded by a line connecting the following points: hours without permission from the Captain of the Port.

Latitude Longitude (6) Anchorage No. 5, general anchorage.


3915'13.51" N 7634'07.76" W
3915'11.01" N 7634'11.69" W (i) The waters bounded by a line connecting the following points:
3914'52.98" N 7633'52.67" W
391447.90" N 7633'40.73" W Latitude Longitude
3914'07.89" N 7632'58.23" W
(ii) No vessel shall remain in this anchorage for more than 12 3913'34.82" N 7632'23.66" W
hours without permission from the Captain of the Port. 3913'22.25" N 7632'28.90" W
3913'21.20" N 7633'11.94" W
(2) Anchorage No. 2, general anchorage.
(ii) No vessel shall remain in this anchorage for more than 72
(i) The waters bounded by a line connecting the following points: hours without permission from the Captain of the Port.

Latitude Longitude (7) Anchorage No. 6, general anchorage.


3914'46.23" N 7633'25.82" W
3914'56.96" N 7633'37.15" W (i) The waters bounded by a line connecting the following points:
3915'08.55" N 7633'37.65" W
3915'19.28" N 7633'24.49" W Latitude Longitude
3915'19.33" N 7633'14.32" W 3913'42.98" N 7632'19.11" W
3915'14.19" N 7632'57.76" W 3913'20.65" N 7631'55.58" W
3915'06.87" N 7632'45.48" W 3913'34.00" N 7631'33.50" W
3914'41.37" N 7632'27.38' W 3914'01.95" N 7632'02.65" W
3914'30.93" N 7632'33.52" W 3913'51.01" N 7632'18.71" W
3914'46.27" N 7632'49.69" W
3914'43.76" N 7632'53.62" W (ii) No vessel shall remain in this anchorage for more than 72
3914'57.51" N 7633'08.13" W hours without permission from the Captain of the Port.

(ii) No vessel shall remain in this anchorage for more than 72 (8) Anchorage No. 7, Dead ship anchorage.
hours without permission from the Captain of the Port.
(i) The waters bounded by a line connecting the following points:
(3) Anchorage No. 3, Upper, general anchorage.
Latitude Longitude
(i) The waters bounded by a line connecting the following points: 3913'00.40" N 7634'10.40" W
3913'13.40" N 7634'10.81" W
Latitude Longitude 3913'13.96" N 7634'05.02" W
3914'32.48" N 7633'11.31" W 3913'14.83" N 7633'29.80" W
3914'46.23" N 7633'25.82" W 3913'00.40" N 7633'29.90" W
3914'57.51" N 7633'08.13" W
3914'43.76" N 7632'53.62" W (ii) The primary use of this anchorage is to lay up dead ships.
Such use has priority over other uses. Permission from the
(ii) No vessel shall remain in this anchorage for more than 24 Captain of the Port must be obtained prior to the use of this
hours without permission from the Captain of the Port. anchorage for more than 72 hours.

(4) Anchorage No. 3, Lower, general anchorage. (b) Definitions. As used in this section:

(i) The waters bounded by a line connecting the following points: Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and
1.4 explosives, as defined in 49 CFR 173.50.
Latitude Longitude
3914'32.48" N 7633'11.31" W Dangerous cargo means certain dangerous cargo as defined in
3914'46.27" N 7632'49.69" W Sec 160.202 of this chapter
3914'30.93" N 7632'33.52" W
3914'24.40" N 7632'39.87" W (c) General regulations.
3914'15.66" N 7632'53.58" W
(1) Except as otherwise provided, this section applies to vessels
over 20 meters long and all vessels carrying or handling
(ii) No vessel shall remain in this anchorage for more than 72
dangerous cargo or Class 1 (explosive) materials while anchored
hours without permission from the Captain of the Port.
in an anchorage ground described in this section.

198
(2) Except in cases where unforeseen circumstances create 110.159 Annapolis Harbor, MD.
conditions of imminent peril, or with the permission of the Captain (a) The Anchorage Grounds
of the Port, no vessel shall be anchored in Baltimore Harbor and
Patapsco River outside of the anchorage areas established in this (1) Naval Anchorage for Deep Draft Vessels. In the
section for more than 24 hours. No vessel shall anchor within a Chesapeake Bay, bounded on the north by latitude 385800;
tunnel, cable or pipeline area shown on a government chart. No on the east by a line bearing 203 from latitude 385800,
vessel shall be moored, anchored, or tied up to any pier, wharf, or
longitude 762400; on the south by latitude 385630;
other vessel in such manner as to extend into established channel
and on the west by a line bearing 139 from Greenbury Point
limits. No vessel shall be positioned so as to obstruct or endanger
Shoal Light. This anchorage is reserved for deep draft naval
the passage of any other vessel.
vessels. Berths in the area will be assigned on application to the
Superintendent, U.S. Naval Academy.
(3) Except in an emergency, a vessel that is likely to sink or
otherwise become a menace or obstruction to navigation or the
(2) Middle Ground Anchorage. Beginning at a point in the
anchoring of other vessels may not occupy an anchorage, unless
the vessel obtains a permit from the Captain of the Port. Severn River 139, 620 yards from Triton Light (located at the
intersection of the northeast and southeast seawall of the Naval
(4) The Captain of the Port may grant a revocable permit to a Academy grounds); thence easterly to a point 11230, 970
vessel for a habitual use of an anchorage. Only the vessel that yards from Triton Light; thence southeasterly to a point 274,
holds the revocable permit may use the anchorage during the 1,045 yards from the radio tower at the tip of Greenbury Point;
period that the permit is in effect. thence south-southeasterly to a point 23330, 925 yards from
the radio tower at the tip of Greenbury Point; thence west to a
(5) Upon notification by the Captain of the Port to shift its position, point 295 , 1,015 yards from Greenbury Point Shoal Light:
a vessel at anchor shall get underway and shall move to its new thence northwesterly to the point of beginning.
designated position within 2 hours after notification.
(3) South Anchorage. In the Severn River, beginning at a point
(6) The Captain of the Port may prescribe specific conditions for on the shoreline at Horn Point, Eastport, 168, 1,190 yards from
vessels anchoring within the anchorages described in this section, Triton Light; thence east to a point 294, 1,075 yards from
including, but not limited to, the number and location of anchors, Greenbury Point Shoal Light; thence northwest to a point 143,
scope of chain, readiness of engineering plant and equipment, 595 yards from Triton Light; thence westerly to a point 209, 700
usage of tugs, and requirements for maintaining communication yards from Triton Light; thence 180 to a point on the shoreline at
guards on selected radio frequencies. Eastport. No vessel shall anchor within 100 feet of any wharf,
marine railway, or other structure without the permission of the
(7) No vessel at anchor or at a mooring within an anchorage may owner thereof.
transfer oil to or from another vessel unless the vessel has given
the Captain of the Port the four hours advance notice required by (4) Naval Anchorage for Small Craft. In the Severn River,
156.118 of this chapter. beginning at a point 80 feet off the southeast seawall of the Naval
Academy bearing 132 from Triton Light; thence easterly to a
(8) No vessel shall anchor in a "dead ship" status (propulsion or point 072 30 , 285 yards from Triton Light; thence
control unavailable for normal operations) without prior approval southeasterly to a point 109, 785 yards from Triton Light; thence
of the Captain of the Port. westerly to a point 211, 537 yards from Triton Light; thence
northwesterly to a point 45 yards off the southeast seawall of the
(d) Regulations for vessels handling or carrying dangerous Naval Academy bearing 214, 535 yards from Triton Light; thence
cargoes or Class 1 (explosive) materials. northeasterly to the point of beginning. Except in the case of
emergency, no vessel shall be anchored in this area without the
(1) This paragraph (d) applies to every vessel, except a U.S. permission of the Superintendent, U.S. Naval Academy.
naval vessel, handling or carrying dangerous cargoes or Class 1 Anchorages will be assigned upon request to the Superintendent,
(explosive) materials. U.S. Naval Academy.
(2) The Captain of the Port may require every person having (5) Spa Creek Anchorage. In Spa Creek, those waters bounded
business aboard a vessel handling or carrying dangerous cargoes by a line connecting the following points:
or Class 1 (explosive) materials while in an anchorage, other than
member of the crew, to hold a form of identification prescribed in
the vessel's security plan. Latitude Longtitude

(3) Each person having business aboard a vessel handling or 385837.3 N 762848.1 W
carrying dangerous cargoes or Class 1 (explosive) materials while
in an anchorage, other than a member of the crew, shall present 385836.1 N 762857.8 W
the identification prescribed by paragraph (d)(2) of this section to 385831.6 N 762903.3 W
any Coast Guard Boarding Officer who requests it. 385826.7 N 762859.5 W
(4) Each non-self-propelled vessel handling or carrying dangerous Datum: NAD 83
cargoes or Class 1 (explosive) materials must have a tug in
attendance at all times while at anchor. Note: The City Council of Annapolis has promulgated local
ordinances to the control building of structures, and mooring and
(5) Each vessel handling or carrying dangerous cargoes or Class anchorage of vessels in anchorages (a)(3), and (a)(5). These
1 (explosive) materials while at anchor must display by day a local ordinances will be enforced by the local Harbor Master.
bravo flag in a prominent location and by night a fixed red light.
(b) The regulations.
[CGFR 68-132, 33 FR 18439, Dec. 12, 1968; 33 FR 20039, Dec.
31, 1968] (1) Except in the case of emergency, no vessel shall be anchored
in the area to the north and east of the Annapolis Channel
Editorial Note: For Federal Register citations affecting 110.158, bounded on the east by Greenbury Point; on the south by a line
see the List of CFR Sections Affected, which appears in the bearing 270 from the southern tip of Greenbury Point; on the
Finding Aids section of the printed volume and at www.fdsys.gov. west by the Annapolis Channel; on the north by the southern

199
boundry of the cable area and the shoreline of the Government the shoreline and a line connecting the following points:
reservation and Carr Creek.
Latitude Longitude
(2) Except in the case of emergency, no vessel shall be anchored
365536.2 N 760246.3 W
in Annapolis Harbor to the westward of the dredged channel and
northward of the southern boundry of the South Anchorage 365703.3 N 760301.4 W
outside of the established anchorage areas, except in Spa Creek 365645.5 N 760128.8 W
and the area to the southwestward of the Naval anchorage for
small craft. No vessel shall be so anchored that any part of the 365555.7 N 760135.7 W
vessel extends at any time within this area. Any vessel anchoring,
under great emergency, within this area shall be placed as close (2) Chesapeake Bay, Thimble Shoals Channel Anchorages.
to an anchorage area as practicable, and shall move away
immediately after the emergency ceases. (i) Anchorage B [Naval Anchorage]. The waters bounded by a
line connecting the following points:
(3) No vessel shall be anchored in the cable and pipeline area,
lying between the Naval Academy and the Naval Ship Research Latitude Longitude
and Development Laboratory and having the following limits: 365758.5 N 760605.8 W
Southeastern limit, from Triton Light 072 to white Cable
Crossing sign at the Naval Ship Research and Development 365711.5 N 760300.9 W
Laboratory; northwestern limit, a line bearing 054 from the 365549.3 N 760312.8 W
Capitol Dome.
365632.3 N 760605.8 W
(4) Except in the case of emergency, no vessel shall be anchored, 365704.5 N 760605.8 W
without permission of the Superintendent, U.S. Naval Academy, in 365709.0 N 760623.3 W
the Naval Academy Drill area described as follows:

That portion of the Severn River lying to the northeastward of the (ii) Anchorage C [Naval Anchorage]. The waters bounded by a
Naval Academy, bounded on the north by the State Highway line connecting the following points:
Bridge and on the south by the northern limit of the cable and
pipeline area, excluding that area off the eastern shoreline Latitude Longitude
enclosed by a line bearing approximately 131 from the eastern 365855.3 N 760940.3 W
abutment of the State Highway Bridge to the vicinity of Ferry Point.
365819.3 N 760716.8 W
This drill area also includes the lower part of Dorseys Creek
below the Naval Academy Drawbridge. Requests to anchor in this 365727.5 N 760736.3 W
drill area shall be made to the Superintendent, U.S. Naval 365804.5 N 760958.8 W
Academy.

(5) The restrictions in this section do not apply to the anchoring or (iii) Anchorage D [Naval Anchorage]. The waters bounded by
marking by buoys of apparatus used for the purpose of taking the shoreline and a line connecting the following points:
seafood, except within the cable or pipeline area described in
paragraph (b)(3) of this section. Latitude Longitude
365549.5 N 761031.6 W
(6) The regulations in paragraph (b) of this section shall be
365804.5 N 761000.9 W
enforced by the Superintendent, U.S. Naval Academy, and such
agencies as he may designate. 365731.7 N 760753.6 W
365524.6 N 760827.6 W
[CGFR 68-97, 34 FR 9677, June 20, 1969, as amended by CGD
05-81-15R, 47 FR 29658, 29659, July 8, 1982; CGD05-93-103,
(iv) Anchorage E [Commercial Explosives Anchorage]. The
60 FR 27696, May 25, 1995; 60 FR 45776, Sept. 1, 1995]
waters bounded by a line connecting the following points:
110.166 York River, Va., Naval Anchorage.
(a) The anchorage grounds. Between Yorktown and the Naval Latitude Longitude
Mine Depot, beginning at latitude 371534, longitude 76 365959.2 N 761345.8 W
3125; thence to latitude 371525, longitude 7631 365908.7 N 761032.6 W
39.5; thence to latitude 371621.5, longitude 7632
365813.5 N 761050.6 W
46; thence to latitude 371707.5, longitude 763417;
thence to latitude 37 17 55 , longitude 76 35 14.5 ; 365902.5 N 761408.9 W
thence to latitude 371805, longitude 763501; thence
to latitude 371720, longitude 763407; thence to (v) Explosives Handling Berth E-1 [Explosives Anchorage
Berth]. The waters bounded by the arc of a circle with a radius of
latitude 371633.5, longitude 763234, and thence to
500 yards and the center located at:
the point of beginning.
Latitude Longitude
(b) The regulations. This anchorage is reserved for the exclusive
use of naval vessels and except in cases of emergency, no other 365905.5 N 761121.8 W
vessel shall anchor therein without permission from the local
naval authorities, obtained through the Captain of the Port, (3) Hampton Roads Anchorages.
Norfolk, Virginia. Movement of vessels through the anchorage will
not be restricted. (i) Anchorage F, Hampton Bar. The waters bounded by a line
connecting the following points:
110.168 Hampton Roads, Virginia and adjacent waters.
(a) Anchorage Grounds Latitude Longitude
(1) Anchorage A [Naval Anchorage]. The waters bounded by 365925.5 N 762005.8 W

200
365952.1 N 761910.8 W Latitude Longitude
365925.7 N 761847.3 W 365849.0 N 762709.8 W
365849.6 N 761932.6 W 365835.9 N 762637.2 W
365752.2 N 762601.6 W
(ii) Anchorage Berth F-1. The waters bounded by the arc of a
365731.1 N 762533.3 W
circle with a radius of 500 yards and the center located at:
365707.2 N 762443.1 W
Latitude Longitude 365623.1 N 762426.8 W
365929.6 N 761913.9 W 365603.5 N 762435.8 W
365754.2 N 762640.3 W
(iii) Anchorage G, Hampton Flats (Naval Explosives
Anchorage). The waters bounded by a line connecting the 365823.5 N 762709.8 W
following points:
(ii) Anchorage Berth I-1. The waters bounded by the arc of a
Latitude Longitude circle with a radius of 400 yards and the center located at:
365925.0 N 762007.0 W
Latitude Longitude
365849.1 N 761933.8 W
365709.0 N 762520.4 W
365741.4 N 762107.7 W
365734.6 N 762126.7 W (iii) Anchorage Berth I-2. The waters bounded by the arc of a
circle with a radius of 400 yards and with the center located at:
365731.1 N 762201.9 W
365807.0 N 762203.0 W Latitude Longitude
365854.8 N 762142.6 W 365723.8 N 762546.0 W

(iv) Explosives Handling Berth G-1. The waters bounded by the (iv) Anchorage J, Newport News Middle Ground. The waters
arc of a circle with a radius of 500 yards and the center located at: bounded by a line connecting the following points:

Latitude Longitude Latitude Longitude


365750.5 N 762135.8 W 365559.9 N 762211.7 W
365559.9 N 762400.0 W
(v) Explosives Handling Berth G-2. The waters bounded by the
arc of a circle with a radius of 500 yards and the center located at: 365625.3 N 762348.0 W
365710.2 N 762409.9 W
Latitude Longitude
365712.0 N 762347.3 W
365814.5 N 762100.3 W
365638.5 N 762139.1 W
(vi) Explosives Handling Berth G-3. The waters bounded by the 365638.5 N 762047.0 W
arc of a circle with a radius of 500 yards and with the center
located at: (v) Anchorage K, Newport News Middle Ground. The waters
bounded by a line connecting the following points:
Latitude Longitude
365834.2 N 762031.4 W Latitude Longitude
365756.4 N 762030.5 W
(vii) Explosives Handling Berth G-4. The waters bounded by the 365708.5 N 762031.0 W
arc of a circle with a radius of 500 yards and with the center
365648.8 N 762022.5 W
located at:
365645.0 N 762032.0 W
Latitude Longitude 365645.0 N 762137.7 W
365854.9 N 762003.2 W 365714.1 N 762329.1 W
365728.1 N 762111.7 W
(viii) Anchorage H, Newport News Bar. The waters bounded by
a line connecting the following points:
(vi) Anchorage Berth K-1. The waters bounded by the arc of a
circle with a radius of 400 yards and with the center located at:
Latitude Longitude
365738.8 N 762418.5 W Latitude Longitude
365752.3 N 762229.7 W 365730.5 N 762045.3 W
365807.4 N 762201.8 W
365731.6 N 762200.6 W (vii) Anchorage Berth K-2. The waters bounded by the arc of a
circle with a radius of 400 yards and with the center located at:
365718.7 N 762410.1 W
Latitude Longitude
(4) James River Anchorages.
365716.8 N 762109.5 W
(i) Anchorage I, Newport News. The waters bounded by a line
connecting the following points: (viii) Anchorage Berth L, Craney Island Flats. The waters
bounded by a line connecting the following points:

201
Latitude Longitude Dangerous cargo means certain dangerous cargo as defined in
160.202 of this chapter.
365559.9 N 762211.7 W
365638.5 N 762045.5 W U.S. naval vessel means any vessel owned, operated, chartered,
365630.0 N 762024.3 W or leased by the U.S. Navy; any pre-commissioned vessel under
construction for the U.S. Navy, once launched into the water; and
365604.2 N 762026.2 W any vessel under the operational control of the U.S. Navy or a
Combatant Command.
(5) Elizabeth River Anchorages.
(c) General regulations.
(i) Anchorage M, Port Norfolk. The waters bounded by a line
connecting the following points: (1) Except as otherwise provided, this section applies to vessels
over 20 meters long and vessels carrying or handling dangerous
Latitude Longitude cargo or Class 1 (explosive) materials while anchored in an
anchorage ground described in this section.
365145.7 N 761931.5 W
365145.8 N 761920.7 W (2) Except as otherwise provided, a vessel may not occupy an
365137.8 N 761924.3 W anchorage for more than 30 days, unless the vessel obtains
permission from the Captain of the Port.
365132.5 N 761931.1 W
365140.7 N 761937.3 W (3) Except in an emergency, a vessel that is likely to sink or
365145.7 N 761931.5 W otherwise become a menace or obstruction to navigation or to the
anchoring of other vessels, may not occupy an anchorage, unless
the vessel obtains permission from the Captain of the Port.
(ii) Anchorage N, Hospital Point. The waters bounded by a line
connecting the following points: (4) The Captain of the Port may, upon application, assign a vessel
to a specific berth within an anchorage for a specified period of
Latitude Longitude time.
365105.4 N 761822.4 W
(5) The Captain of the Port may grant a revocable permit to a
365050.0 N 761800.0 W
vessel for a habitual use of a berth. Only the vessel that holds the
365036.7 N 761752.8 W revocable permit may use the berth during the period that the
365033.6 N 761758.8 W permit is in effect.

365049.3 N 761809.0 W (6) The Commander, Fifth Coast Guard District, may authorize
365050.3 N 761807.8 W the establishment and placement of temporary mooring buoys
within a berth. Placement of a fixed structure within an anchorage
365056.2 N 761812.5 W
may be authorized by the District Engineer, U.S. Army Corps of
365101.8 N 761832.3 W Engineers.

(iii) Anchorage O, The Hague. The waters of the basin known as (7) If an application is for the long-term lay up of a vessel, the
The Hague, north of the Brambleton Avenue Bridge, except for Captain of the Port may establish special conditions in the permit
the area within 100 feet of the bridge span that provides access to with which the vessel must comply.
and from the Elizabeth River.
(8) Upon notification by the Captain of the Port to shift its position
(6) Anchorage Q. Quarantine Anchorage. The waters bounded within an anchorage, a vessel at anchor must get underway at
by a line connecting the following points: once or signal for a tug. The vessel must move to its new location
within 2 hours after notification.
Latitude Longitude
(9) The Captain of the Port may prescribe specific conditions for
371713.7 N 760641.6 W vessels anchoring within the anchorages described in this section,
371730.3 N 760553.9 W including, but not limited to, the number and location of anchors,
scope of chain, readiness of engineering plant and equipment,
371625.0 N 760518.4 W
usage of tugs, and requirements for maintaining communications
371608.4 N 760606.0 W guards on selected radio frequencies.

(i) Anchorage Berth Q-1. The waters bounded by the arc of a (10) A vessel that does not have a sufficient crew on board to
circle with a radius of 500 yards and with the center located at: weigh anchor at any time must have two anchors in place, unless
the Captain of the Port waives this requirement. Members of the
Latitude Longitude crew may not be released until the required anchors have been
set.
371705.7 N 760608.9 W
(11) No vessel at anchor or at a mooring within an anchorage
(ii) Anchorage Berth Q-2. The waters bounded by the arc of a may transfer oil to another vessel unless the vessel has given the
circle with a radius of 500 yards with the center located at: Captain of the Port the four hours advance notice required by
156.118 of this title.
Latitude Longitude
371633.0 N 760551.1 W (12) Barges may not anchor in the deeper portions of anchorages
or interfere with the anchoring of deep-draft vessels.
(b) Definitions. As used in this section
(13) Barges towed in tandem to an anchorage must be nested
together when anchored.
Class 1 (explosive) materials means Division 1.1, 1.2, 1.3, and
1.4 explosives, as defined in 49 CFR 173.50.
(14) Any vessel anchored or moored in an anchorage adjacent to

202
the Chesapeake Bay Bridge Tunnel or Monitor-Merrimac Bridge is occupied by a vessel handling or carrying dangerous cargoes
Tunnel (MMBT) must be capable of getting underway within 30 or Class 1 (explosive) materials.
minutes with sufficient power to keep free of the bridge tunnel
complex. (3) Anchorage F. A vessel having a draft less than 45 feet may
not anchor in Anchorage F without the permission of the Captain
(15) A vessel may not anchor or moor in an anchorage adjacent of the Port. No vessel may anchor in Anchorage F for a longer
to the Chesapeake Bay Bridge Tunnel or Monitor-Merrimac period than 72 hours without permission from the Captain of the
Bridge Tunnel (MMBT) if its steering or main propulsion Port. Vessels expecting to be at anchor for more than 72 hours
equipment is impaired. must obtain permission from the Captain of the Port.

(d) Regulations for vessels handling or carrying dangerous (4) Anchorage G.


cargoes or Class 1 (explosive) materials. This paragraph
applies to every vessel, except a naval vessel, handling or (i) Except for a naval vessel, a vessel may not anchor in
carrying dangerous cargoes or Class 1 (explosive) materials. Anchorage G without the permission of the Captain of the Port.

(1) Unless otherwise directed by the Captain of the Port, each (ii) When handling or transferring Class 1 (explosive) materials in
commercial vessel handling or carrying dangerous cargoes or Anchorage G, naval vessels must comply with Department of
Class 1 (explosive) materials must be anchored or moored within Defense Ammunition and Explosives Safety Standards, or the
Anchorage Berth E-1. standards in this section, whichever are the more stringent.

(2) Each vessel, including each tug and stevedore boat, used for (iii) When barges and other vessels are berthed at the
loading or unloading dangerous cargoes or Class 1 (explosive) Ammunition Barge Mooring Facility, located at latitude 3658
materials in an anchorage, must have permission issued by the 34 N, longitude 762112 W., no other vessel, except a
Captain of the Port. vessel that is receiving or offloading Class 1 (explosive) materials,
may anchor within 1,000 yards of the Ammunition Barge Mooring
(3) The Captain of the Port may require every person having Facility. Vessels transferring class 1 (explosive) materials must
business aboard a vessel handling or carrying dangerous cargoes display by day a red flag (Bravo flag) in a prominent location and
or Class 1 (explosive) materials while in an anchorage, other than by night a fixed red light.
a member of the crew, to hold a form of valid identification.
(iv) Whenever a vessel is handling or transferring Class 1
(4) Each person having business aboard a vessel handling or (explosive) materials while at anchor in Anchorage G, no other
carrying dangerous cargoes or Class 1 (explosive) materials while vessel may anchor in Anchorage G without the permission of the
in an anchorage, other than a member of the crew, must present Captain of the Port. The Captain of the Port must consult with the
the identification prescribed by paragraph (d)(3) of this section to Commander, Naval Station Norfolk, before granting a vessel
any Coast Guard boarding officer who requests it. permission to anchor in Anchorage G.

(5) Each non-self-propelled vessel handling or carrying dangerous (v) A vessel located within Anchorage G may not handle or
cargoes or Class 1 (explosive) materials must have a tug in transfer Class 1 (explosive) materials within 400 yards of Norfolk
attendance at all times while at anchor. Harbor Entrance Reach.

(6) Each vessel handling or carrying dangerous cargoes or Class (vi) A vessel may not handle or transfer Class 1 (explosive)
1 (explosive) materials while at anchor must display by day a red materials within 850 yards of another anchored vessel, unless the
flag (Bravo flag) in a prominent location and by night a fixed red other vessel is also handling or transferring Class 1 (explosive)
light. materials.

(e) Regulations for Specific Anchorages (vii) A vessel may not handle or transfer Class 1 (explosive)
materials within 850 yards of Anchorage F or H.
(1) Anchorages A, B, C, and D. Except for a naval vessel,
military support vessel, or vessel in an emergency situation, a (5) Anchorage I: Anchorage Berths I-1 and I-2. A vessel that is
vessel may not anchor in Anchorages A, B, C, or D without the 500 feet or less in length or that has a draft of 30 feet or less may
permission of the Captain of the Port. The Captain of the Port not anchor in Anchorage Berth I-1 or I-2 without the permission of
must consult with the Commander, Naval Amphibious Base Little the Captain of the Port.
Creek, before granting a vessel permission to anchor in
Anchorages A, B, C, or D. (6) Anchorage K: Anchorage Berths K-1 and K-2. A vessel that
is 500 feet or less in length or that has a draft of 30 feet or less
(2) Anchorage E. may not anchor in Anchorage Berth K-1 or K-2 without the
permission of the Captain of the Port.
(i) A vessel may not anchor in Anchorage E without permission
from the Captain of the Port. (7) Anchorage N. Portions of this anchorage are a special
anchorage area under 110.72aa of this part during marine
(ii) The Captain of the Port must give commercial vessels priority events regulated under 100.501 of this chapter.
over naval and public vessels.
(8) Anchorage O.
(iii) The Captain of the Port may at any time revoke permission to
anchor in Anchorage E issued under the authority of paragraph (i) A vessel may not anchor in Anchorage O unless it is a
(e)(4)(i) of this section. recreational vessel.

(iv) A vessel may not anchor in Anchorage Berth E-1, unless it is (ii) No float, raft, lighter, houseboat, or other craft may be laid up
handling or carrying dangerous cargoes or Class 1 (explosive) for any reason in Anchorage O without the permission of the
materials. Captain of the Port.

(v) A vessel may not anchor within 500 yards of Anchorage Berth (9) Anchorage Q: Quarantine Anchorage.
E-1 without the permission of the Captain of the Port, if the berth

203
(i) A vessel that is arriving from or departing for sea and that (3) Commercial Anchorage C. This anchorage is located 1800
requires an examination by public health, customs, or immigration yards, 118 true from St. Michaels Church Spire and has a
authorities shall anchor in Anchorage Q. Vessels not needing diameter of 500 yards. Vessels using this anchorage must anchor
examination may use Anchorage Q at any time. in the center.

(ii) Every vessel using Anchorage Q must be prepared to move (4) Commercial Anchorage D. This anchorage is located 5130'
promptly under its own power to another location when directed true, 1375 yards from St. Michaels Church Spire and has a
by the Captain of the Port, and must promptly vacate Anchorage diameter of 1400 feet. The use of this anchorage is limited to
Q after being examined and released by authorities. loaded vessels for a period of not more than 24 hours.

(iii) Any non-self-propelled vessel using Anchorage Q must have (b) The regulations.
a tugboat in attendance while undergoing examination by
quarantine, customs, or immigration authorities, except with the (1) Except in cases of great emergency, no vessel shall be
permission of the Captain of the Port. anchored in the main ship channels as defined by broken lines
marking their boundaries on NOAA Chart 11524. Vessels must be
[CGD05-04-043, 70 FR 29955, May 25, 2005, as amended by anchored in such a way as not to interfere with the free navigation
USCG-2008-0041, 73 FR 5746, Jan. 31, 2008; USCG-2005- of channels in the port, including Cooper, Ashley, Wando Rivers,
21869, 80 FR 5330, Jan. 30, 2015] and Town Creek, nor to obstruct the approach to any pier or
entrance to any slip, nor to impede the movement of any vessel or
110.170 Lockwoods Folly Inlet, N.C. craft.
(a) Explosives Anchorage.
Beginning at a point southeast of Shallotte Inlet at latitude 33 (2) Vessels using the anchorages opposite the eastern waterfront
5231, longitude 781849; thence south to latitude 33 of Charleston shall place their anchors as near as possible in the
5131, longitude 781842; thence east to latitude 33 center of the anchorage. Vessels not using a designated
commercial anchorage shall not place their anchors within the
5151, longitude 781435; thence north to latitude 33
main ship channels, nor shall be so anchored as to swing within
5252, longitude 781440; thence west to the point of 400 feet of any wharf or pier on the eastern waterfront of
beginning. Charleston. Vessels may be so anchored as to swing into the
main ship channels only if they are so placed with reference to the
(b) General regulations. customary winds, tides, and currents of the harbor, as to swing
only during slack water, and that during this period there shall
(1) This anchorage is reserved for the exclusive use of vessels remain in the waters adjacent to the channel an area of sufficient
carrying explosives. depth as to permit the safe passage of loaded vessels.
(2) Vessels in this anchorage shall not anchor closer than 1,500 (3) No vessel may anchor within the designated anchorages for
yards to one another. This provision is not intended to prohibit more than 72 hours without the prior approval of the Captain of
barges or lighters from lying alongside vessels for transfer of the Port.
cargo.
(4) No vessel may anchor unless it maintains a bridge watch,
(3) The maximum quantity of explosives aboard any vessel that guards and answers Channel 16 FM, and maintains an accurate
may be in this anchorage is 8,000 tons. position plot.
(4) Nothing in this section shall be construed as relieving the (5) If any anchored vessel is so close to another that a collision is
owner, master, or person in charge of any vessel from the probable, each vessel must communicate with the other vessel
penalties of the law for obstructing navigation or for not complying and the Captain of the Port on Channel 16 FM and shall act to
with the navigation laws in regard to lights, fog signals, etc. eliminate the close proximity situation.
[CGFR 69-1, 34 FR 839, Jan. 18, 1969] (6) No vessel may anchor unless it maintains the capability to get
underway within 4 hours.
110.173 Port Of Charleston, SC.
(a) The anchorage grounds. (7) No vessel may anchor in a "dead ship" status (propulsion or
control unavailable for normal operations) without the prior
(1) Commercial Anchorage A. This anchorage is located approval of the Captain of the Port.
adjacent to the western edge of Folly Island Channel and
southwest of Rebellion Reach and is bounded by the following (8) Dragging of anchors in or across main ship channels and
coordinates: cable areas is prohibited.
3245'34" N. 7952'12" W.; to (9) Vessels which, through force of great emergency, are
3246'17" N. 7953'21" W.; to anchored contrary to the foregoing regulations in this section shall
3245'51" N. 7953'23" W.; to be shifted to new berths in accordance with such regulations at
3245'34" N. 7952'55" W.; thence back to the earliest opportunity.
3245'34" N. 7952'12" W.
(10) A vessel, upon notification from the Captain of the Port to
(2) Commercial Anchorage B. This anchorage is located shift its position in anchorage grounds must get underway at once
adjacent to the south side of South Channel and bounded by the or signal for a tug, and must change position as directed with
following coordinates: reasonable promptness.

3245'28" N. 7953'40" W.; to (11) No vessel may conduct lightering operations in an anchorage
3245'28" N. 7954'46" W.; to without permission from the Captain of the Port.
3245'19" N. 7954'46" W.; to (12) When the use of an anchorage is required by naval vessels,
3245'12" N. 7954'06" W.; to the vessels anchored therein shall move when the Captain of the
3245'16" N. 7953'40" W.; thence back to Port directs them.
3245'28" N. 7953'40" W.

204
(13) Nothing in this section shall be construed as relieving the (2) Prudent assignment of the anchorage areas shall be made by
owner or person in charge of any vessel from the penalties of law the Commanding Officer, U.S. Naval Station, Mayport, Fla.
for obstructing navigation, or for obstructing or interfering with
range lights, or for not complying with the navigation laws in (c) Additional regulations for Explosives Anchorage Area "A".
regard to lights, fog signals, etc.
(1) When occupied by a vessel handling explosives, no other
[CGD7 83-15, 49 FR 26587, June 28, 1984] vessel may enter the area unless authorized by the enforcing
agency.
110.179 Skidaway River, Isle Of Hope, Ga.
(a) The anchorage ground. An area in Skidaway River beginning (2) Only one vessel handling explosives may anchor in the area at
at a point on the mean low water line 400 feet south of Brady Boat one time. A patrol craft shall be utilized to assure that other
Works, thence 7630', 300 feet to a buoy; thence 15230', 900 vessels remain clear when explosives are exposed or being
feet to a buoy; thence 25100', 450 feet to the mean low water transferred to and from the anchorage.
line at Wymberly Yacht Club dock.
(3) No more than 500,000 pounds net high explosives or
(b) The regulations. equivalent may be exposed in the area at any one time.
(1) Except in cases of great emergency, no vessels shall anchor
(d) The regulations in this section shall be enforced by the
in Skidaway River between the north end of Barbee's dock and
Commanding Officer, U.S. Naval Station, Mayport, Fla., or other
southward to Day Marker 48 except in the anchorage area hereby
agencies that he may designate.
defined and established: Provided, however, That vessels may
moor to any lawfully constructed wharf.
110.183 St. Johns River, Florida.
(2) Except in cases of great emergency, no vessel shall be (a) The anchorage grounds
anchored where it can swing within 50 feet of any lawfully
constructed wharf or within 50 feet of the mean low water line, nor (1) Anchorage A. (Upper Anchorage) The Anchorage is
shall any vessel be so anchored that any portion of the hull or established within the following coordinates, the area enclosed by
rigging shall at any time extend outside the boundary of the a line starting at the south shore westerly of the entrance to Miller
anchorage area. Creek at

(3) Any vessel anchoring under circumstances of great 301843.8 N, 0813815.0 W; thence to
emergency outside the anchorage area should be placed in such
a position as not to interfere with the free navigation of the 301852.8 N, 0813815.0 W; thence to
channel nor obstruct the approach to any lawfully constructed 301847.6 N, 0813747.6 W; thence to
wharf nor impede the movement of any boat, and shall move 301855.0 N, 0813729.0 W; thence to
away immediately after the emergency ceases or upon
notification of the District Commander. 301906.0 N, 0813727.0 W; thence to
301906.0 N, 0813702.0 W; thence to
(4) No vessels with an overall length greater than 65 feet will use
the anchorage area except in cases of great emergency. 301901.2 N, 0813702.0 W; thence returning
to the point of beginning.
(5) Vessels operating within the anchorage area will not exceed a
speed of five (5) miles per hour. (2) Anchorage B. (Lower Anchorage) The Anchorage is
established within the following coordinates, the area enclosed by
110.182 Atlantic Ocean Off Fort George Inlet, Near Mayport, a line starting at a point on the eastern shore of the river at Floral
Fla. Bluff at
(a) The Anchorage areas
302100.0 N, 0813641.0 W; thence to
(1) Anchorages for aircraft carriers and other deep draft
302000.0 N, 0813703.0 W; thence to
vessels. Four circular areas each with a radius of 600 yards and
with their centers located at: "A"-latitude 3025'35", longitude 302100.0 N, 0813706.0 W; thence to
8121'23"; "B"-latitude 3026'13", longitude 8121'13"; "C"-latitude 302150.0 N, 0813656.0 W; thence to
3026'19", longitude 8120'27"; "D"-latitude 3026'55", longitude
8120'47". 302154.0 N, 0813648.0 W; thence returning
to the point of beginning.
(2) Anchorages for destroyers and other ships of similar size.
Six circular areas each with a radius of 300 yards and with their (b) The regulations.
centers located at: "1"-latitude 3024'38"; longitude 8121'57"; "2"-
latitude 3024'57", longitude 8121'58"; "3"-latitude 3024'56", (1) Except in cases of emergency, only vessels meeting the
longitude 8121'38"; "4"-latitude 3025'13", longitude 8122'05"; conditions and restrictions of this paragraph will be authorized by
"5"-latitude 3025'13", longitude 8121'43"; "6"-latitude 3025'07", the Captain of the Port to anchor in the St. Johns River, as
longitude 8121'24". depicted on NOAA chart 11491, between the entrance buoy (STJ)
and the Main Street Bridge (in position 301920 N, 81
(3) Explosives anchorage. The circular area "A" described in 39 32 W). Vessels unable to meet any of the following
paragraph (a)(1) of this section is also designated as an conditions and restrictions must obtain specific authorization from
explosives anchorage for use during periods when ammunition the Captain of the Port prior to anchoring in Anchorage A or B.
must be handled outside the limits of the U.S. Naval Station,
Mayport, Fla. (2) All vessels intending to enter and anchor in Anchorage A or B
shall notify the Captain of the Port prior to entering.
(b) The regulations for all designated areas.
(3) Anchorages A and B are temporary anchorages. Additionally,
(1) Usage of these areas by naval vessels shall predominate only Anchorage B is used as a turning basin. Vessels may not anchor
when necessary for military requirements; at such times other for more than 24 hours in either anchorage without specific written
vessels shall remain clear of the areas. authorization from the Captain of the Port.

205
(4) All vessels at anchor must maintain a watch on VHF-FM 26-0719.500 N 080-0253.153 W
channels 13 and 16 by a person fluent in English, and shall make
a security broadcast on channel 13 upon anchoring and every 4 26-0719.500 N 080-0428.800 W
hours thereafter.
26-0635.160 N 080-0428.800 W
(5) Anchorage A is restricted to vessels less than 250 feet in
length. 26-0635.160 N 080-0438.694 W

26-0826.934 N 080-0428.240 W
(6) Anchorage B is restricted to vessels with a draft of 24 feet or
less, regardless of length.
(b) The regulations.
(7) Any vessel transferring petroleum products within Anchorage
B shall have a pilot or Docking Master aboard, and employ (1) Commercial vessels in the Atlantic Ocean in the vicinity of Port
sufficient assist tugs to assure the safety of the vessel at anchor Everglades shall anchor only within the anchorage area hereby
and any vessels transiting the area. defined and established, except in cases of emergency.

(8) Any vessel over 300 feet in length within Anchorage B shall (2) Prior to entering the anchorage area, all vessels shall notify
have a Pilot or Docking Master aboard, and employ sufficient the Coast Guard Captain of the Port, via the Port Everglades
assist tugs to assure the safety of the vessel at anchor and any Harbormaster, on VHF-FM Channel 14.
vessels transiting the area.
(3) All vessels within the designated anchorage area shall
[CGD07-93-035, 60 FR 14220, Mar. 16, 1995, as amended by maintain a 24-hour bridge watch by a licensed or credentialed
CGD07-99-023, 64 FR 42279, Aug. 4, 1999] deck officer proficient in English, monitoring VHF-FM channel 16.
This individual shall confirm that the ship's crew performs frequent
110.185 Atlantic Ocean, Off The Port Of Palm Beach, FL. checks of the vessel's position to ensure the vessel is not
(a) The anchorage grounds. dragging anchor.

(1) Anchorage A. The waters lying within an area bounded by a (4) Vessels may anchor anywhere within the designated
line beginning at latitude 265000 N., longitude 8001 anchorage area provided that: such anchoring does not interfere
12 W.; thence westerly to latitude 265000 N., longitude with the operations of any other vessels currently at anchorage;
800130 W.; thence southerly to latitude 264730 N., and all anchor and chain or cable is positioned in such a manner
to preclude dragging over reefs.
longitude 800130 W.; thence easterly to latitude 2647
30 N., longitude 800112 W.; and thence northerly to the (5) No vessel may anchor in a dead ship status (i.e. propulsion
point of beginning. or control unavailable for normal operations) without the prior
approval of the Captain of the Port. Vessels experiencing
(2) Anchorage B. The waters lying within an area bounded by a casualties such as a main propulsion, main steering or anchoring
line beginning at latitude 264506 N., longitude 8001 equipment malfunction or which are planning to perform main
12 W.; thence westerly to latitude 264506 N., longitude propulsion engine repairs or maintenance, shall immediately
800142 W.; thence southerly to latitude 264348 N., notify the Coast Guard Captain of the Port via Coast Guard
longitude 800142 W.; thence easterly to latitude 2643 Sector Miami on VHF-FM Channel 16.
48 N., longitude 800112 W.; and thence northerly to the
point of beginning. (6) No vessel may anchor within the designated anchorage for
more than 72 hours without the prior approval of the Captain of
(b) The regulations. the Port. To obtain this approval, contact the Coast Guard
Captain of the Port, via the Port Everglades Harbor Master, on
(1) Vessels in the Atlantic Ocean near Lake Worth Inlet awaiting VHF-FM Channel 14.
berthing space at the Port of Palm Beach, shall only anchor within
the anchorage areas hereby defined and established, except in (7) The Coast Guard Captain of the Port may close the anchorage
cases of great emergency. area and direct vessels to depart the anchorage during periods of
adverse weather or at other times as deemed necessary in the
(2) Vessels anchoring under circumstances of great emergency interest of port safety or security.
outside the anchorage areas shall be shifted to new positions
within the anchorage areas immediately after the emergency (8) Commercial vessels anchoring under emergency
ceases. circumstances outside the anchorage area shall shift to new
positions within the anchorage area immediately after the
[CGD 7-85-10, 51 FR 11726, Apr. 7, 1986] emergency ceases.

110.186 Port Everglades, Florida. (9) Whenever the maritime or commercial interests of the United
(a) The anchorage grounds. The anchorage grounds, the center States so require, the Captain of the Port, U.S. Coast Guard,
of which is located approximately two and one half miles Miami, Florida, may direct relocation of any vessel anchored
northeast of the entrance to Port Everglades, is an area bounded within the anchorage area. Once directed, such vessel must get
by a line connecting points with the following North American underway at once or signal for a tug, and must change position as
Datum 83 coordinates: directed.

[CGD 07-91-060, 58 FR 36356, July 7, 1993, as amended by


Latitude Longitude CGD 07-99-003, 64 FR 20177, Apr. 26, 1999; USCG-2006-25556,
72 FR 36328, July 2, 2007; USCG-2007-0036, 73 FR 6610, Feb.
26-0826.934 N 080-0428.240 W
5, 2008; USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]
26-0808.560 N 080-0416.158 W
110.188 Atlantic Ocean Off Miami And Miami Beach, Fla.
26-0756.000 N 080-0417.486 W (a) The anchorage grounds. The area to the eastward of a line
bearing 12 (N. 12 E.) through a point X, which is 11/2 nautical
26-0756.000 N 080-0242.623 W miles due east of the intersection of the Miami Beach shore line

206
with the north jetty; to the northward of a line bearing 102 (S. 78 anchorage area and direct vessels to depart the anchorage during
E.) and intersecting the 12 line at a point A, one-half nautical periods of adverse weather or at other times as deemed
mile north of the said point X; and to the southward of a line necessary in the interest of port safety.
bearing 102 (S. 78 E.) and intersecting the 12 line at a point B,
21/2 nautical miles north of the said point X. The northern and [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by
southern extremities of the 12 line are marked by spar buoys. CGD07-99-002, 64 FR 22554, Apr. 27, 1999; USCG-2006-25556,
The entire anchorage area lies north of the entrance channel to 72 FR 36328, July 2, 2007; USCG-2006-24371, 74 FR 11212,
Miami Harbor. Mar. 16, 2009]

(b) The rules and regulations. 110.189a Key West Harbor, Key West, Fla., Naval Explosives
Anchorage Area.
(1) Except in cases of great emergency, no vessel shall be (a) The anchorage ground. A circular area with its center at
anchored in the Atlantic Ocean in the vicinity of the entrances to latitude 2430'50.6", longitude 8150'31.6" with a radius of 300
the approach channels leading to the cities of Miami Beach and yards, for use for ammunition exceeding the prescribed limits for
Miami, Fla., outside of the anchorage area hereby defined and pier-side handling.
establishedthat is, they shall not anchor shoreward of the line
first named nor southward of the second nor northward of the (b) The regulations.
third linebut may anchor as far to the eastward as may be
desired. (1) When occupied by a vessel handling explosives, no other
vessel may enter the area unless authorized by the enforcing
(2) Any vessel anchoring under circumstances of great agency.
emergency outside of the anchorage area shall be shifted to new
berths within the area immediately after the emergency ceases. (2) Only one vessel handling explosives may anchor in the area at
one time.
(3) All vessels shall lie at anchor with as short a cable as
conditions will permit. (3) No more than 300,000 pounds net of high explosives or
equivalent may be handled in the area at any one time.
(4) A vessel upon being notified to move into the anchorage limits
or to shift its position on the anchorage ground must get under (4) The regulations in this section shall be enforced by the
way at once or signal for a tug, and must change position as Commander, U.S. Naval Base, Key West, Fla., and any other
directed with reasonable promptness. agencies he may designate.

(5) Whenever the maritime or commercial interests of the United 110.190 Tortugas Harbor, In Vicinity Of Garden Key, Dry
States so require, the Captain of the Port, U.S. Coast Guard, Tortugas, Fla.
Miami, Fla., is hereby empowered to shift the position of any (a) The anchorage grounds. All of Bird Key Harbor, southwest of
vessel anchored on the anchorage ground or outside thereof, or Garden Key, bounded by the surrounding reefs and shoals and,
of any vessel moored or anchored so as to impede or obstruct on the northeast, by a line extending from Fort Jefferson West
vessel movements or obstruct or interfere with range lights. Channel Daybeacon 2 to Fort Jefferson West Channel
Daybeacon 4, thence to Fort Jefferson West Channel Daybeacon
(6) Vessels carrying explosives shall be anchored only under a 6, and thence to Fort Jefferson West Channel Daybeacon 8.
written permit issued by the Captain of the Port and at such point
as he may direct. (b) The regulations. Except in cases of emergency involving
danger to life or property, no vessel engaged in commercial
(7) Vessels carrying explosives shall be at all times in charge of a fishing or shrimping shall anchor in any of the channels harbors,
competent person, and must display by day a red flag, of not less or lagoons in the vicinity of Garden Keys, Bush Key, or the
than 16 square feet, at the masthead, or not less than 10 feet surrounding shoals, outside of Bird Key Harbor.
above the upper deck if the vessel has no mast; at night a red
light shall be displayed in the positions specified for the red flag. 110.193 Tampa Bay, Fla.
(a) The anchorage grounds
(8) Nothing in this paragraph shall be construed as relieving the
owner or person in charge of any vessel from the penalties of the (1) Explosives anchorage east of Mullet Key. A rectangular
law for obstructing navigation, or for obstructing or interfering with area in Tampa Bay, approximately 4,459 yards long and 1,419
range lights, or for not complying with the navigation laws in yards wide, beginning at latitude 2738'30", longitude 8239'09",
regard to lights, fog signals, or other aids to navigation, or for and extending northeasterly to latitude 2739'48", longitude
otherwise violating law. 8237'15"; thence southeasterly to latitude 2739'17", longitude
8236'46"; thence southwesterly to latitude 2737'52", longitude
(9) All vessels desiring to use the Anchorage must notify the 8238'38"; thence northwesterly to the point of beginning.
Coast Guard Captain of the Port, via the Biscayne Bay Pilots on
VHF-FM Channel 12 or 16. (2) Temporary explosives anchorage south of Interbay
Peninsula. Beginning at a point bearing 107, 1,750 yards from
(10) All vessels anchored within the anchorage area shall Cut "F" Range Front Light; thence to a point bearing 125, 2,050
maintain a 24-hour bridge watch by an English speaking licensed yards, from Cut "F" Range Front Light; thence to a point bearing
or credentialed deck officer monitoring VHF-FM Channel 16. This 180, 1,725 yards, from Cut "F" Range Front Light; thence to a
individual shall perform frequent checks of the vessel's position to point bearing 222, 2,180 yards, from Cut "F" Range Front Light;
ensure the vessel is not dragging anchor. thence to a point bearing 251, 1,540 yards, from Cut "F" Range
Front Light; and thence to the point of beginning.
(11) Vessels experiencing casualties such as a main propulsion,
main steering or anchoring equipment malfunction or which are (3) Temporary explosives anchorage off Port Tampa. A
planning to perform main propulsion engine repairs or circular area with a radius of 200 yards with the point at latitude
maintenance, shall immediately notify the Coast Guard Captain of 2750'22", longitude 8234'15".
the Port via the Coast Guard Sector Miami on VHF-FM Channel
16. (4) Quarantine Anchorage. Southeast of the temporary
explosive anchorage, beginning at a point bearing 97 true, 4,370
(12) The Coast Guard Captain of the Port may close the yards, from Cut "F" Range Front Light; thence to a point bearing

207
11330', 5,370 yards, from Cut "F" Range Front Light; thence to a permit from the Captain of the Port.
point bearing 16130', 3,770 yards, from Cut "F" Range Front
Light; thence to a point bearing 16330', 2,070 yards, from Cut "F" 110.194a Mobile Bay, Ala., And Mississippi Sound, Miss.
Range Front Light; thence to the point of beginning. (a) The anchorage grounds.

(5) Barge Fleeting Area, Hillsborough Bay. Located 400 feet (1) The waters of lower Mobile Bay, near Cedar Point, within an
west of Cut "D" Channel at a point beginning at latitude 2754'34", area bounded on the north by latitude 3021'00", on the east by
longitude 8226'35"; thence northerly 1,000 feet to latitude longitude 8805'00", on the south by latitude 3020'00", and on
2754'43", longitude 8226'40"; thence westerly 500 feet to the west by longitude 8806'00".
latitude 2754'41", longitude 8226'45"; thence southerly 1,000
feet to latitude 2754'32", longitude 8226'40"; thence easterly (2) The waters of Mississippi Sound, south of Biloxi, within an
500 feet to the point of beginning. area bounded on the north by latitude 3020'00", on the east by
longitude 8854'00", on the south by latitude 3019'00", and on
NOTE: This area is reserved for transient barges only. Barges the west by longitude 8855'00".
shall not occupy this anchorage for a period longer than 96 hours
unless permission is obtained from the Captain of the Port for this (b) The regulations.
purpose.
(1) The anchorages are exclusively for the use of unmanned
(b) The regulations. barges, canal boats, scows, and other nondescript vessels. Such
craft shall be so anchored that they will not at any time extend
(1) The explosives anchorage east of Mullet Key shall be used by outside the limits of the anchorages.
vessels awaiting loading or unloading at Port Tampa that have
explosives actually on board and where the duration of anchorage (2) In emergencies or whenever maritime or commercial interests
will exceed 72 hours. of the United States so require, the Captain of the Port is
authorized to shift the position of any craft in the anchorages.
(2) The temporary explosives anchorages south of Interbay
Peninsula and off Port Tampa shall be used for vessels engaged (3) Whenever in the opinion of the Captain of the Port, such
in loading explosives when the duration of the anchorage is less action may be necessary, any or all craft in these anchorages
than 72 hours. may be required to be moored with two or more anchors.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by (4) No vessel shall be navigated within the anchorages at a speed
CGFR 69-62, 34 FR 11582, July 15, 1969; 34 FR 12255, July 15, exceeding six knots.
1969]
110.194b Mississippi Sound And Gulf Of Mexico, Near Petit
110.193a St. Joseph Bay, Fla. Bois Island, Miss.
(a) The anchorage grounds (a) The anchorage grounds

(1) Explosives Anchorage Area 1. A rectangular area 3,000 (1) Explosives Anchorage Area No. 1. A circular area with a
yards long by 700 yards wide beginning at a point 1,350 yards one-half mile radius with its center located at latitude 3014'09",
west of U.S. Highway 98 Bridge over Gulf County Canal. The longitude 8829'13", in the waters of Mississippi Sound north of
area is parallel to and 450 yards northeast of the north entrance the west end of Petit Bois Island.
channel to Port St. Joe, Florida.
(2) Explosives Anchorage Area No. 2. A circular area with a
(2) Explosives Anchorage Area 2. A circular area with a 500- three-fourths mile radius with its center located at latitude
yard radius around a center point located at latitude 2947'30"; 3011'12", longitude 8830'07", in the waters of Gulf of Mexico
longitude 8521'30", 3,100 yards southeast of FW South Channel south of the west end of Petit Bois Island.
Light and 5,250 yards south of FW North Channel Light, in St.
Joseph Bay, Port St. Joe, Florida. (b) The regulations.

(b) The regulations. (1) The areas shall be used as temporary anchorages for vessels
engaged in loading and unloading explosives at the Port of
(1) The explosives anchorage areas shall be used as temporary Pascagoula, Miss.
anchorage for vessels engaged in loading and unloading
explosives at the port of Port St. Joe, Florida, when the duration (2) No vessel shall occupy the areas without obtaining a permit
of the anchorage period is less than 96 hours. from the Captain of the Port.

(2) No vessel shall occupy this anchorage without obtaining a 110.195 Mississippi River Below Baton Rouge, LA, Including
permit from the Captain of the Port. South And Southwest Passes.
(a) The Anchorage Grounds. Unless otherwise specified, all
110.194 Mobile Bay, Ala., At Entrance. anchorage widths are measured from the average low water
(a) The anchorage grounds. The waters within a radius of 750 plane (ALWP).
yards from a point located 1,000 yards true north from Fort
Morgan Light. (1) Pilottown Anchorage. An area 5.2 miles in length along the
right descending bank of the river from mile 1.5 to mile 6.7 above
(b) The regulations. Head of Passes, extending in width to 1600 feet from the left
descending bank of the river.
(1) This anchorage shall be used by vessels loading or
discharging high explosives. It shall also be used by vessels Caution: A wreck is located within the boundaries of this
carrying dangerous or inflammable cargoes requiring an anchorage. Mariners are urged to use caution in this anchorage.
anchorage. It may be used for a general anchorage when not
required for vessels carrying explosives or dangerous or (2) Lower Venice Anchorage. An area 1.6 miles in length along
inflammable cargoes. the left descending bank of the river from mile 8.0 to mile 9.6
above Head of Passes with the west limit 1,200 feet from the
(2) No vessel shall occupy this anchorage without obtaining a ALWP of the right descending bank.

208
Caution: A pipeline crossing exists at mile 9.8 AHOP. Mariners is a line parallel to the nearest bank 700 feet from the water's
are urged to use caution between mile 9.6 AHOP and mile 10.0 edge into the river as measured from the LWRP.
AHOP.
(13) Belle Chasse Anchorage. An area 2.1 miles in length along
(3) Upper Venice Anchorage. An area 1.2 miles in length along the right descending bank of the river extending from mile 73.1 to
the left descending bank of the river from mile 10.0 to mile 11.2 mile 75.2 above Head of Passes. The width of the anchorage is
above Head of Passes with the west limit 1,200 feet from the 575 feet. The inner boundary of the anchorage is a line parallel to
ALWP of the right descending bank. the nearest bank 425 feet from the water's edge into the river as
measured from the LWRP. The outer boundary of the anchorage
(4) Boothville Anchorage. An area 5.5 miles in length along the is a line parallel to the nearest bank 1,000 feet from the water's
right descending bank of the river extending from mile 13.0 to mile edge into the river as measured from the LWRP.
18.5 above Head of Passes. The width of the anchorage is 750
feet. The inner boundary of the anchorage is a line parallel to the (14) Lower 12 Mile Point Anchorage. An area 2.2 miles in
nearest bank 250 feet from the water's edge into the river as length along the right descending bank of the river extending from
measured from the Low Water Reference Plane (LWRP). The mile 78.6 to mile 80.8 above Head of Passes. The width of the
outer boundary of the anchorage is a line parallel to the nearest anchorage is 500 feet. The inner boundary of the anchorage is a
bank 1,000 feet from the water's edge into the river as measured line parallel to the nearest bank 300 feet from the water's edge
from the LWRP. into the river as measured from the LWRP. The outer boundary of
the anchorage is a line parallel to the nearest bank 800 feet from
(5) Ostrica Anchorage. An area 1.4 miles in length along the the water's edge into the river as measured from the LWRP.
right descending bank of the river extending from mile 23.0 to mile
24.4 above Head of Passes. The width of the anchorage is 800 (15) Lower 9 Mile Point Anchorage. An area 2.3 miles in length
feet. along the right descending bank of the river extending from mile
82.7 to mile 85.0 above Head of Passes. The width of the
(6) Port Sulphur Anchorage. An area 2.2 miles in length along anchorage is 500 feet. The inner boundary of the anchorage is a
the left descending bank of the river, 800 feet wide, extending line parallel to the nearest bank 300 feet from the water's edge
from mile 37.5 to mile 39.7 above Head of Passes. into the river as measured from the LWRP. The outer boundary of
the anchorage is a line parallel to the nearest bank 800 feet from
(7) Magnolia Anchorage. An area 2.1 miles in length along the the water's edge into the river as measured from the LWRP.
right descending bank of the river extending from mile 45.5 to mile
47.6 above Head of Passes. The width of the anchorage is 700 Caution: A wreck is located within the boundaries of this
feet. The inner boundary of the anchorage is a line parallel to the anchorage. Mariners are urged to use caution in this anchorage.
nearest bank 400 feet from the water's edge into the river as
measured from the LWRP. The outer boundary of the anchorage (16) New Orleans Emergency Anchorage. An area 0.5 miles in
is a line parallel to the nearest bank 1,100 feet from the water's length along the right descending bank of the river extending from
edge into the river as measured from the LWRP. mile 89.6 to mile 90.1 above Head of Passes. The width of the
anchorage is 550 feet. The inner boundary of the anchorage is a
(8) Point Celeste Anchorage. An area 2.2 miles in length along line parallel to the nearest bank 250 feet from the water's edge
the right descending bank of the river extending from mile 49.8 to into the river as measured from the LWRP. The outer boundary of
mile 52.0 above Head of Passes. The width of the anchorage is the anchorage is a line parallel to the nearest bank 800 feet from
400 feet. The inner boundary of the anchorage is a line parallel to the water's edge into the river as measured from the LWRP.
the nearest bank 400 feet from the water's edge into the river as
measured from the LWRP. The outer boundary of the anchorage Note: No vessel shall occupy this anchorage unless expressly
is a line parallel to the nearest bank 800 feet from the water's authorized by the Captain of the Port. No vessel may anchor in
edge into the river as measured from the LWRP. this anchorage exceeding 24 hours without the authorization of
the Captain of the Port.
(9) Davant Anchorage. An area 1.1 miles in length along the left
descending bank of the river extending from mile 52.8 to mile 53.9 (17) New Orleans General Anchorage. An area 0.8 miles in
above Head of Passes. The width of the anchorage is 800 feet. length along the right descending bank of the river extending from
mile 90.1 to mile 90.9 above Head of Passes. The width of the
(10) Alliance Anchorage. An area 2.0 miles in length along the anchorage is 550 feet. The inner boundary of the anchorage is a
right descending bank of the river extending from mile 63.8 to mile line parallel to the nearest bank 250 feet from the water's edge
65.8 above Head of Passes. The width of the anchorage is 400 into the river as measured from the LWRP. The outer boundary of
feet. The inner boundary of the anchorage is a line parallel to the the anchorage is a line parallel to the nearest bank 800 feet from
nearest bank 400 feet from the water's edge into the river as the water's edge into the river as measured from the LWRP.
measured from the LWRP. The outer boundary of the anchorage
is a line parallel to the nearest bank 800 feet from the water's (18) Quarantine Anchorage. An area 0.7 miles in length along
edge into the river as measured from the LWRP. the right descending bank of the river extending from mile 90.9 to
mile 91.6 above Head of Passes. The width of the anchorage is
(11) Wills Point Anchorage. An area 1.1 miles in length along 800 feet.
the left descending bank of the river extending from mile 66.5 to
mile 67.6 above Head of Passes. The width of the anchorage is Caution: A wreck is located within the boundaries of this
600 feet. The inner boundary of the anchorage is a line parallel to anchorage. Mariners are urged to use caution in this anchorage.
the nearest bank 200 feet from the water's edge into the river as
measured from the LWRP. The outer boundary of the anchorage Note: Vessels carrying cargos of particular hazard as defined in
is a line parallel to the nearest bank 800 feet from the water's 33 CFR 126.10 or cargos of petroleum products in bulk may not
edge into the river as measured from the LWRP. be anchored in the New Orleans General Anchorage or the
Quarantine Anchorage without permission from the Captain of the
(12) Cedar Grove Anchorage. An area 1.2 miles in length along Port.Except when required by the United States Public Health
the right descending bank of the river extending from mile 69.9 to Service for quarantine inspection, the Quarantine Anchorage may
mile 71.1 above Head of Passes. The width of the anchorage is be used as a general anchorage.
500 feet. The inner boundary of the anchorage is a line parallel to
the nearest bank 200 feet from the water's edge into the river as (19) Lower Kenner Bend Anchorage. An area 1.0 miles in
measured from the LWRP. The outer boundary of the anchorage length along the right descending bank of the river extending from

209
mile 113.3 to mile 114.3 above Head of Passes. The width of the the water's edge into the river as measured from the LWRP.
anchorage is 350 feet. The inner boundary of the anchorage is a
line parallel to the nearest bank 350 feet from the water's edge (28) Sunshine Anchorage. An area 2.0 miles in length along the
into the river as measured from the LWRP. The outer boundary of left descending bank of the river extending from mile 165.0 to mile
the anchorage is a line parallel to the nearest bank 700 feet from 167.0 above Head of Passes. The width of the anchorage is 450
the water's edge into the river as measured from the LWRP. feet. The inner boundary of the anchorage is a line parallel to the
nearest bank 350 feet from the water's edge into the river as
(20) Kenner Bend Anchorage. An area 0.9 miles in length along measured from the LWRP. The outer boundary of the anchorage
the right descending bank of the river extending from mile 114.7 is a line parallel to the nearest bank 800 feet from the water's
to mile 115.6 above Head of Passes. The width of the anchorage edge into the river as measured from the LWRP.
is 700 feet.
(29) White Castle Anchorage. An area 0.7 miles in length along
(21) Ama Anchorage. An area 1.8 miles in length along the left the right descending bank of the river extending from mile 190.4
descending bank of the river extending from mile 115.5 to mile to mile 191.1 above Head of Passes. The width of the anchorage
117.3 above Head of Passes. The width of the anchorage is 400 is 300 feet. The inner boundary of the anchorage is a line parallel
feet. The inner boundary of the anchorage is a line parallel to the to the nearest bank 400 feet from the water's edge into the river
nearest bank 300 feet from the water's edge into the river as as measured from the LWRP. The outer boundary of the
measured from the LWRP. The outer boundary of the anchorage anchorage is a line parallel to the nearest bank 700 feet from the
is a line parallel to the nearest bank 700 feet from the water's water's edge into the river as measured from the LWRP.
edge into the river as measured from the LWRP.
(30) Baton Rouge General Anchorage. An area 1.5 miles in
Caution: A wreck is located at mile 115.4 left descending bank length along the right descending bank of the river, 1,400 feet
above Head of Passes marked by Mississippi River Wreck wide, extending from mile 225.8 to mile 227.3 above Head of
Lighted Buoy WR4. Mariners are urged to use caution when Passes.
anchoring in the lower end of this anchorage.
Caution: Two wrecks are located within the boundaries of this
(22) Bonnet Carre Anchorage. An area 1.5 miles in length along anchorage. Mariners are urged to use caution in this anchorage.
the left descending bank of the river extending from mile 127.3 to
mile 128.8 above Head of Passes. This area is located adjacent (31) Lower Baton Rouge Anchorage. An area 0.5 miles in
to the river end of the Bonnet Carre Spillway. The width of the length near mid-channel between mile 228.5 and mile 229.0
anchorage is 600 feet. above Head of Passes with the west limit 1,100 feet off the right
descending bank and having the width of 700 feet at both the
Note: When the Bonnet Carre Spillway is open, no vessel may be upper and lower limits.
anchored in the Bonnet Carre Anchorage.
(32) Middle Baton Rouge Anchorage. An area 0.2 miles in
(23) La Place Anchorage. An area 0.7 miles in length along the length near mid-channel between mile 229.6 and mile 229.8
left descending bank of the river extending from mile 134.7 to mile above Head of Passes with the west limit 1,100 feet off the right
135.4 above Head of Passes. The width of the anchorage is 600 descending bank and having a width of 700 feet at both the upper
feet. and lower limits.

(24) Reserve Anchorage. An area 0.5 miles in length along the (33) Upper Baton Rouge Anchorage. An area 0.4 miles in
right descending bank of the river extending from mile 137.0 to length near mid-channel between mile 230.6 and mile 231.0
mile 137.5 above Head of Passes. The width of the anchorage is above Head of Passes with the west limit 1,100 feet off the right
500 feet. The inner boundary of the anchorage is a line parallel to descending bank and having a width of 1,075 feet at the upper
the nearest bank 300 feet from the water's edge into the river as limit and 1,200 feet at the lower limit.
measured from the LWRP. The outer boundary of the anchorage
is a line parallel to the nearest bank 800 feet from the water's (34) Belmont Anchorage. An area 1.1 miles in length along the
edge into the river as measured from the LWRP. left descending bank of the river extending from mile 152.9
(Belmont Light) to mile 154.0 above Head of Passes. The width of
(25) Lower Grandview Reach Anchorage. An area 0.3 miles in the anchorage is 300 feet. The inner boundary of the anchorage
length along the left descending bank of the river extending from is a line parallel to the nearest bank 400 feet from the water's
mile 146.4 to mile 146.7 above Head of Passes. The width of the edge into the river as measured from the LWRP. The outer
anchorage is 500 feet. The inner boundary of the anchorage is a boundary of the anchorage is a line parallel to the nearest bank
line parallel to the nearest bank 200 feet from the water's edge 700 feet from the water's edge into the river as measured from
into the river as measured from the LWRP. The outer boundary of the LWRP.
the anchorage is a line parallel to the nearest bank 700 feet from
the water's edge into the river as measured for the LWRP. (b) Temporary Anchorages.

(26) Middle Grandview Reach Anchorage. An area 0.4 miles in (1) Temporary anchorages are non-permanent anchorages
length along the left descending bank of the river extending from established by the Commander, Eighth Coast Guard District to
mile 146.8 to mile 147.2 above Head of Passes. The width of the provide additional anchorage space. Establishment of temporary
anchorage is 500 feet. The inner boundary of the anchorage is a anchorages is based on recommendations by the Captain of the
line parallel to the nearest bank 200 feet from the water's edge Port.
into the river as measured from the LWRP. The outer boundary of
the anchorage is a line parallel to the nearest bank 700 feet from (2) Each vessel using temporary anchorages shall anchor as
the water's edge into the river as measured from the LWRP. prescribed by the Captain of the Port.

(27) Upper Grandview Reach Anchorage. An area 1.3 miles in (3) Establishment of each temporary anchorage and any
length along the left descending bank of the river extending from requirement for the temporary anchorage will be published in the
mile 147.5 to mile 148.8 above Head of Passes. The width of the Local Notice of Mariners.
anchorage is 500 feet. The inner boundary of the anchorage is a
line parallel to the nearest bank 200 feet from the water's edge (4) Each person who has notice of any requirement prescribed for
into the river as measured from the LWRP. The outer boundary of a temporary anchorage shall comply with that requirement.
the anchorage is a line parallel to the nearest bank 700 feet from

210
(c) The Regulations. 294414 N 935224 W

(1) Anchoring in the Mississippi River below Baton Rouge, LA., 294418 N 935206 W
including South and Southwest Passes is prohibited outside of 294353 N 935147 W
established anchorages except in cases of emergency. In an
294332 N 935152 W
emergency, if it becomes necessary to anchor a vessel outside an
established anchorage, the vessel shall be anchored so that it
does not interfere with or endanger any facility or other vessel. (b) The regulations.
The master or person in charge of the vessel shall notify the
Captain of the Port of the location of the emergency anchoring by (1) The anchorage area is for the temporary use of vessels of all
the most expeditious means and shall move the vessel as soon types, but especially for naval and merchant vessels awaiting
as the emergency is over. weather and tidal conditions favorable to the resumption of their
voyages.
(2) In an emergency, if it becomes necessary to anchor a vessel
in South Pass or Southwest Pass, the vessel shall be positioned (2) Except when stress of weather or adverse tides or currents
as close to the left descending bank as possible. make sailing impractical or hazardous, vessels shall not anchor in
the anchorage area for periods exceeding 48 hours unless
(3) No vessel may be anchored unless it maintains a bridge watch, expressly authorized by the Captain of the Port to anchor for
guards and answers Channel 16 FM (or the appropriate VTS New longer periods.
Orleans sector frequency), maintains an accurate position plot
and can take appropriate action to ensure the safety of the vessel, (3) Vessels shall not anchor so as to obstruct the passage of
structure, and other vessels. other vessels proceeding to or from available anchorage spaces.

(4) When anchoring individually, or in fleets, vessels shall be (4) Anchors shall not be placed channelward from the anchorage
anchored with sufficient anchors, or secured with sufficient lines, area, and no portion of the hull or rigging of any anchored vessel
to ensure their remaining in place and withstanding the actions of shall extend channelward from the limits of the anchorage area.
winds, currents and the suction of passing vessels.
(5) Vessels using spuds for anchors shall anchor as close to
(5) No vessel may be anchored over revetted banks of the river or shore as practicable having due regard for the provisions in
within any cable or pipeline area. The locations of revetted areas paragraph (b)(3) of this section.
and cable and pipeline areas may be obtained from the District
Engineer, Corps of Engineers, New Orleans, LA. (6) Fixed moorings, piles or stakes, and floats or buoys for
marking anchorages or moorings in place are prohibited.
(6) The intention to transfer any cargo while in an anchorage shall
be reported to the Captain of the Port, giving particulars as to (7) Whenever the maritime or commercial interests of the United
name of ships involved, quantity and type of cargo, and expected States so require, the Captain of the Port is hereby empowered to
duration of the operation. The Captain of the Port shall be notified shift the position of any vessel anchored or moored within or
upon completion of operations. Cargo transfer operations are not outside of the anchorage area including any vessel which is
permitted in the New Orleans General or Quarantine Anchorages. moored or anchored so as to obstruct navigation or interfere with
Bunkering and similar operations related to ship's stores are range lights.
exempt from reporting requirements.
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by
Note: Activities conducted within a designated anchorage (e.g. CGD08-06-26, 72 FR 464, Jan. 5, 2007]
cargo transfer, tank cleaning, stack blowing, etc.) may be
restricted by other Federal, State or local regulations. Owners, or 110.197 Galveston Harbor, Bolivar Roads Channel, Texas.
persons in charge of any vessel should consider all safety and/or
environmental regulations prior to engaging in any activity within (1) Anchorage area (A). The water bounded by a line connecting
designated anchorages. the following points:

(7) Vessels anchored in the Lower Kenner Bend Anchorage are Latitude Longitude
prohibited from using or exercising the ship's hold cargo cranes. 2944'14" N 9352'24" W
Vessels in this anchorage must keep the ship's hold cargo gear in 2944'18" N 9352'06" W
the down and hawsed position, as rigged for sea transits. Deck- 2943'53" N 9351'47" W
mounted cranes, deck booms and stiff legs may be used to take 2943'32" N 9351'52" W
on ships stores and spare parts and may be used to move and thence to the point of beginning.
manifold hoses.
(2) Anchorage area (B). The water bounded by a line connecting
(8) Nothing in this section relieves the owner or person in charge the following points:
of any vessel from the penalties for obstructing or interfering with
navigational aids or for failing to comply with the navigation laws Latitude Longitude
for lights, day shapes, or fog signals and any other applicable 2920'43.0" N 9444'46.5" W
laws and regulations. 2920'37.0" N 9446'08.0" W
2921'14.0" N 9445'50.0" W
[CGD 77-028, 46 FR 49850, Oct. 8, 1981] 2921'15.0" N 9444'27.0" W
Editorial Note: For Federal Register citations affecting 110.195, and thence to the point of beginning.
see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov. (3) Anchorage area (C). The water bounded by a line connecting
the following points:
110.196 Sabine Pass Channel, Sabine Pass, Tex.
(a) The anchorage area. The water bounded by a line connecting
Latitude Longitude
the following coordinates:
2920'39.0" N 9446'07.5" W.
2921'06.1" N 9447'00.2" W.
Latitude Longitude
2921'24.0" N 9446'34.0" W.

211
2921'14.5" N 9445'49.0" W. (4) Anchorage D, Chicago Harbor Lock South. Beginning at a
and thence to the point of beginning. point 35.5 feet South (16 feet South of the South face of the
Southeast guidewall) and 28.0 feet West of the SE Guide Wall
(b) The regulations. Light; thence Westerly and parallel to the guidewall 800 feet to a
point that is 16 feet South of the South face of the Southeast
(1) The anchorage area is for the temporary use of vessels of all guidewall; thence Southerly 80 feet to a point that is 96 feet South
types, but especially for vessels awaiting weather and other of the South face of the Southeast guidewall; thence Easterly 800
conditions favorable to the resumption of their voyages. feet to a point that is 96 feet South of the south face of the
southeast guidewall; thence Northerly 80 feet to the point of
(2) Except when stress of weather makes sailing impractical or beginning.
hazardous, vessels shall not anchor in anchorage areas (A) or (C)
for more than 48 hours unless expressly authorized by the (5) Anchorage E, Chicago Harbor Lock North. Beginning at a
Captain of the Port Houston-Galveston. Permission to anchor for point 156.75 feet North (16 feet North of the North face of the
longer periods may be obtained through Coast Guard Vessel Northeast guidewall) and 590 feet West of the SE Guidewall Light;
Traffic Service Houston/Galveston on VHF-FM channels 12 thence Westerly and parallel to the guidewall 600 feet to a point
(156.60 MHz) or 13 (156.65 MHz). that is 16 feet North of the North face of the Northeast guidewall;
thence Northerly 80 Feet to a point that is 96 feet North of the
(3) No vessel with a draft of less than 22 feet may occupy North face of the Northeast guidewall; thence Easterly 600 feet to
anchorage (A) without prior approval of the Captain of the Port. a point that is North of the North face of the Northeast guidewall;
thence Southerly 80 feet to the point of beginning.
(4) No vessel with a draft of less than 16 feet may anchor in
anchorage (C) without prior approval of the Captain of the Port (b) The rules and regulations.
Houston-Galveston.
(1) Except in cases of emergency, no vessel may be anchored in
(5) Vessels shall not anchor so as to obstruct the passage of Chicago Harbor outside of the anchorage grounds in paragraph (a)
other vessels proceeding to or from other anchorage spaces. of this section or the special anchorage areas prescribed in
110.83.
(6) Anchors shall not be placed in the channel and no portion of
the hull or rigging of any anchored vessel shall extend outside the (2) Anchors must not be placed outside the anchorage areas, nor
limits of the anchorage area. shall any vessel be so anchored that any portion of the hull or
rigging shall at any time extend outside the boundaries of the
(7) Vessels using spuds for anchors shall anchor as close to anchorage area.
shore as practicable, having due regard for the provisions in
paragraph (b)(5) of this section. (3) Any vessel anchoring under circumstances of great
emergency outside of the anchorage areas must be placed near
(8) Fixed moorings, piles or stakes, and floats or buoys for the edge of the channel and in such position as not to interfere
marking anchorages or moorings in place, are prohibited. with the free navigation of the channel nor obstruct the approach
to any pier nor impede the movement of any boat, and shall move
(9) Whenever the maritime or commercial interests of the United away immediately after the emergency ceases, or upon
States so require, the Captain of the Port, or his authorized notification by the Captain of the Port.
representative, may direct the movement of any vessel anchored
or moored within the anchorage areas. (4) The maneuvering of a vessel by means of a dragged anchor,
except within an established anchorage ground or in stress of
[CCGD8-85-21, 55 FR 11369, Mar. 28, 1990; 68 FR 25496, May weather or to avoid collision, is prohibited. Unnecessary
13, 2003] maneuvering in any of the anchorage grounds is prohibited.

110.205 Chicago Harbor, Ill. (5) The directions of the Captain of the Port assigning vessels to
(a) The anchorage grounds parts of the anchorage grounds suitable to their draft, requiring
vessels to anchor bow and stern, requiring shifting the anchorage
(1) Anchorage A, exterior breakwater. Southwest of a line of any vessel within any anchorage ground for the common
parallel with and 150 feet southwestward of the exterior convenience, or for otherwise enforcing this section, shall be
breakwater; west of a line parallel with and 150 feet west of the promptly executed by owners, masters, and persons in charge of
south extension of the exterior breakwater; northeast of a line vessels.
parallel with and 1,500 feet southwestward of the exterior
breakwater; and east of a line parallel with the south extension of (6) Nothing in this section shall be construed as relieving the
the exterior breakwater and 500 feet eastward of the east face of owner or person in charge of any vessel from the penalties of the
the filtration plant. law for obstructing navigation or for obstructing or interfering with
range lights, or for not complying with the navigation laws in
(2) Anchorage B, south arm. West of a line parallel with and 150 regard to lights, fog signals, or for otherwise violating law.
feet west of the south arm of the exterior breakwater; north of a
line perpendicular to the south arm at its south end; east of a line (7) No vessel may use anchorages A, B, D, and E except
parallel with the south arm, about 2,200 feet therefrom and on line commercial vessels operated for profit. No person may place
with the east face of the Municipal Pier; and south of a line floats or buoys for making moorings or anchors in place in
perpendicular to the south arm 700 feet from its north end. anchorages A and B. No person may place fixed moorings piles
or stakes in anchorages A and B. (Mooring facilities are available
(3) Anchorage C, shore arm. South of a line parallel with and adjacent to the lakeside guidewalls of the Chicago Harbor Lock in
150 feet southward of the shore arm of the exterior breakwater; anchorages D and E.) All vessels using anchorages D and E shall
west of a line parallel with the south extension of the exterior moor against pile clusters adjacent to the respective anchorage.
breakwater, 100 feet westward of the east end of the shore arm;
northwest of a line perpendicular to the Lake Shore Drive Any time barges are moored in anchorage D or E, a manned
revetment and 300 feet northwest of the northwest corner of the towing vessel shall be present in one of these anchorages.
filtration plant; and east of a line parallel with and 600 feet Exceptions to this surveillance requirement are allowable for
lakeward of the Lake Shore Drive revetment. periods not to exceed one hour.

212
(8) No commercial vessels operated for profit that measure 50 (1) Explosives Anchorage A. Inside the south section of the
gross tons or more may anchor in anchorage C. Temporary floats main breakwater 700 feet wide starting at a point 500 feet
or buoys for marking moorings or anchors in place may be used southerly from the south end of the north section and extending
in anchorage C. No person may place a fixed mooring pile or approximately 153 true, 3,000 feet parallel to the line of the south
stake in anchorage C. section of the main breakwater.

[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD
CGFR 70-65a, 36 FR 7967, Apr. 28, 1971; CGD9-85-01, 50 FR 77-210, 44 FR 50040, Aug. 27, 1979]
29224, July 18, 1985]
110.210 San Diego Harbor, CA.
110.206 Detroit River, Michigan. (a) The anchorage grounds.
(a) The Anchorage grounds. Belle Isle Anchorage. The area is
in the Detroit River immediately downstream from Belle Isle on (1) Special anchorage for U.S. Government vessels (NAD 83).
the U.S. side of the International Boundary line within the The waters bounded by a line connecting the following points:
following boundaries: beginning at a point bearing 250 T, 5400
feet from the James Scott Memorial Fountain (422006 N., Latitude Longitude
825957 W.) at the West end of Belle Isle; then 251 T, 3000 3242'13.2" N 11714'11.0" W
feet; thence 341 T, 800 feet; thence 071 T, 3000 feet; thence 161 3241'12.0" N 11714'00.3" W
T, 800 feet to the point of beginning. and thence along the shoreline to the point of beginning.

(b) The regulations. (2) Special anchorage for U.S. Government vessels (NAD 83).
The waters bounded by a line connecting the following points:
(1) Vessels shall be anchored so as not to swing into the channel
or across steering courses. Latitude Longitude
3243'25.6" N 11712'46.1" W
(2) The Belle Isle Anchorage area is for the temporary use of 3243'25.3" N 11712'52.0" W
vessels of all types, but especially for naval and merchant vessels 3243'08.2" N 11712'58.0" W
awaiting berths, weather, or other conditions favorable to the 3242'57.9" N 11712'54.0" W
resumptions of their voyage. and thence easterly along the northern boundary of the
channel to:
(3) No vessel may be anchored unless it maintains a continuous Latitude Longitude
bridge watch, guards and answers channel 16 FM and channel 12
3243'05.0" N 11711'30.5" W
FM (VTC SARNIA sector frequency), maintains an accurate
3243'27.2" N 11711'14.0" W
position plot and can take appropriate action to ensure the safety
and thence along the shoreline of Harbor Island to the point of
of the vessel, structures and other vessels.
beginning.
(4) Vessels may not anchor in the Belle Isle Anchorage for more
than 72 hours without permission of the Captain of the Port of (3) "B" Street Merchant Vessel Anchorage (NAD 83). The
Detroit. waters bounded by a line connecting the following points:

[CGD09 85-05, 51 FR 21357, June 12, 1986, as amended by Latitude Longitude


USCG-1998-3799, 63 FR 35526, June 30, 1998 3243'00.8" N 11710'36.3" W
3243'00.8" N 11711'23.0" W
110.207 Cleveland Harbor, Ohio. 3243'05.0" N 11711'30.5" W
(a) The anchorage grounds 3243'27.2" N 11711'14.0" W
3243'20.2" N 11710'53.0" W
(1) West anchorage. The northwesterly portion of the West Basin and thence due east to the shoreline, and thence along the
between the northwest limits of the West Basin and a line parallel shoreline and pier to the point of beginning.
to and 1,050 feet distant from the West Breakwater; and from the
southwest limits of the West Basin to a line perpendicular to the (b) The regulations.
West Breakwater, 2,050 feet southwesterly along the West
Breakwater from Cleveland West Breakwater Light. (1) The anchorages described in paragraphs (a)(1) and (a)(2) of
this section are reserved exclusively for the anchorage of vessels
(2) East anchorage. The southeasterly portion of the East Basin of the United States Government and of authorized harbor pilot
between the mainland and a line parallel to and 1,250 feet distant boats. No other vessels shall anchor in this area except by special
from the East Breakwater; from opposite Cleveland East Entrance permission obtained in advance from the Commander, Naval
Light to a due north line passing through the flashing white light Base, San Diego, CA. The administration of these anchorages is
on the Allied Oil Company dock. exercised by the Commander, Naval Base, San Diego, CA.

(3) Explosives anchorage. In Lake Erie, northwest of Cleveland (2) The area described in paragraph (a)(3) of this section is
Harbor East Breakwater, and including a rectangular area marked reserved for the use of merchant vessels calling at the Port of San
by four white spar buoys at the following true bearings and Diego while awaiting a berth. The administration of this anchorage
distances from Cleveland East Pierhead Light: 3830', 2,050 feet; is exercised by the Port Director, San Diego Unified Port District.
68, 2,050 feet; 57, 7,050 feet; and 49, 7,050 feet.
(3) Vessels anchoring in San Diego Harbor shall leave a free
(b) The regulations. passage for other craft and shall not obstruct the approaches to
the wharves in the harbor.
(1) The west and east anchorages are general anchorages.
[CCGD11-85-06, 51 FR 19753, June 2, 1986, as amended by
(2) Use of the explosives anchorage shall be subject to the CGD11-90-08, 56 FR 9852, Mar. 8, 1991]
supervision of the Captain of the Port.
110.214 Los Angeles And Long Beach Harbors, California.
110.208 Buffalo Harbor, N.Y. (a) General Regulations
(a) The anchorage grounds

213
(1) Anchorage Assignment. (iv) Except with the prior approval of the Captain of the Port, or, in
the case of an emergency, with approval of the Captain of the
(i) Unless otherwise directed by the Captain of the Port Los Port immediately subsequent to anchoring, no commercial vessel
Angeles-Long Beach, the pilot stations for the Port of Long Beach greater than 1600 gross tons may anchor in Los Angeles-Long
and the Port of Los Angeles will assign the use of commercial Beach Harbor unless it maintains the capability to get underway
anchorages within their jurisdictions (Long Beach and Los within 30 minutes. Any vessel unable to meet this requirement
Angeles Harbors respectively). All anchorages outside (seaward) must immediately notify the Captain of the Port and make
of the federal breakwater will be assigned by the Los Angeles- arrangements for an adequate number of tugs to respond to the
Long Beach Vessel Traffic Information Service (VTIS). The vessel within 30 minutes notice.
master, pilot, or person in charge of a vessel must notify the
appropriate pilot station (for anchorages inside the federal (v) In anchorages where lightering is authorized, the Captain of
breakwater) or the VTIS (for anchorages outside the federal the Port must be notified at least 4 hours in advance of a vessel
breakwater) of their intention to anchor, upon anchoring, and at conducting lightering operations (see 33 CFR 156.118).
least fifteen minutes prior to departing an anchorage. All
anchorage assignments will be made as described in this part (3) Other General Requirements. (i) When at anchor, all
unless modified by the Captain of the Port. commercial vessels greater than 1600 gross tons shall, at all
times, have a licensed or credentialed deck officer on watch and
(ii) Radio communications for port entities governing anchorages maintain a continuous radio listening watch unless subject to one
are as follows: Los Angeles-Long Beach Vessel Traffic of the exemptions in this paragraph. The radio watch must be on
Information Service, call sign LA-Long Beach Traffic, Channel CH-13 VHF-FM when anchored inside the federal breakwater,
14 VHF-FM; Los Angeles Port Pilots, Channel 73 VHF-FM; Long and on CH-14 VHF-FM or on CH-16 VHF-FM when anchored
Beach Port Pilots, Channel 74 VHF-FM. outside the federal breakwater, except for unmanned barges;
vessels which have less than 100 gallons of oil or fuel onboard
(iii) The exact boundary separating the Port of Long Beach from regardless of how the fuel is carried; and other vessels receiving
the Port of Los Angeles is published in local Port Tariffs. For advance approval from the Captain of the Port.
purposes of this rule, Long Beach waters are those east, and Los
Angeles waters are those west, of the following locations: (ii) When sustained wind speeds exceed 40 knots, all anchored
commercial vessels greater than 1600 gross tons shall ensure
(A) Inner Harbor: The Henry Ford (Badger Avenue) Bridge. their propulsion plant is placed in immediate standby and a
second anchor is made ready to let go. Vessels unable to comply
(B) Middle Harbor: The Pier 400 Transportation Corridor. with this requirement must immediately notify the Captain of the
Port. In such case, the Captain of the Port may require the vessel
(C) Outer Harbor: The western boundary of Commercial to have one or more tugs standing by to render immediate
Anchorage B. assistance.

(2) Required approvals, permits and notifications. (i)(A) No vessel (4) Prohibitions. Within Los Angeles Harbor, Long Beach Harbor,
may anchor in deep draft sub-anchorages B-7, B-9, B-11, D-5, D- and the Los Angeles-Long Beach Precautionary Area, except for
6 or D-7 within Los Angeles or Long Beach harbors for more than emergency reasons, or with the prior approval of the Captain of
48 consecutive hours unless extended anchorage permission is the Port, vessels are prohibited from anchoring outside of
obtained from the Captain of the Port. These sub-anchorages are designated anchorage areas. In the event a vessel anchors
defined by the following coordinates and dimensions: outside a designated anchorage area for emergency reasons, the
master, pilot, or person in charge of the vessel shall:
Anchorage Latitude Longitude Radius
(yards) (i) Position the vessel so as to minimize the danger to other
vessels and facilities;
B-7 33-4352.0N 118-1247.9W 450
B-9 33-4328.5N 118-1310.5W 500 (ii) Immediately notify the Captain of the Port by the most
B-11 33-4344.5N 118-1217W 450 expeditious means of the vessel's location and the reason(s) for
the emergency anchoring; and
D-5 33-4340.5N 118-1030 W 450
D-6 33-4340.5N 118-9 57.5W 450 (iii) Move the vessel as soon as the emergency condition
prompting anchoring outside a designated area abates, or as
D-7 33-4340.5N 118-9 25W 450
soon as ordered to move by the Captain of the Port, whichever
occurs sooner.
(B) No vessel may anchor anywhere else within Los Angeles or
Long Beach harbors for more than 10 consecutive days unless (5) Exemption from rules. The Captain of the Port may, upon
extended anchorage permission is obtained from the Captain of request, or whenever he/she deems appropriate, authorize a
the Port. In determining whether extended anchorage permission deviation from any rule in this section.
will be granted, consideration will be given, but not necessarily
limited to: The current and anticipated demands for anchorage (b) The anchorage grounds. Locations of anchorage grounds are
space within the harbor, the requested duration, the condition of as described in this section. Specific requirements for individual
the vessel, and the reason for the request. anchorages are contained in paragraphs (c) and (d) of this section.
All coordinates referenced use datum: NAD 83.
(ii) No vessel while carrying, loading, or unloading division 1.1 or
1.2 materials as defined in 49 CFR 173.50, or Cargoes of (1) [Reserved]
Particular Hazard (COPH) as defined in 33 CFR 126.10, or
Certain Dangerous Cargoes (CDC) as defined in 33 CFR 160.202, (2) Commercial Anchorage B (Long Beach Harbor). An area
may anchor without first obtaining a permit issued by the Captain enclosed by a line joining the following coordinates:
of the Port.

(iii) Vessels requiring use of an explosives anchorage should Latitude Longitude


contact the Captain of the Port at least 24 hours prior to the
anticipated need for the explosives anchorage to allow for proper Beginning point 33-44-37.0 N 118 -13-00.0 W.
activation of that anchorage.

214
Breakwater bounded by a line connecting the following
Thence south/southeast to 33-44-12.0 N 118 -12-36.2 W. coordinates:
Thence southeast to 33 -43-38.2 N 118 -11-36.9 W.
Latitude Longitude
Thence southwest to 33 -43-26.1 N 118 -11-47.2 W.
Beginning point 334305.1 N 1180759.0 W.
Thence west to 33-43-26.1 N 118-12-22.7 W.
Thence west to 334305.1 N 1181036.5 W.
Thence west/southwest to 33 -42-58.9 N 118 -13-53.0 W.
Thence south/southeast to 33 3817.5 N 118 0700.0 W.
Thence north/northwest to 33 -43-46.0 N 118 -14-13.6 W.
Thence north/northeast to 33 4023.0 N 118 0603.0 W.
Thence east/northeast to 33 -43-54.5 N 118 -13-50.0 W.
And thence north/northwest to the beginning point
Thence north to 33-44-22.8 N 118-13-51.0 W.
(7) Commercial Anchorage G (outside of the Middle
Thence east/northeast to the beginning point Breakwater). The waters south of the Middle Breakwater
bounded by a line connecting the following coordinates:
(3) Commercial Anchorage C (Long Beach Harbor). An area
enclosed by a line joining the following coordinates:
Latitude Longitude

Beginning point 33-43-05.4 N 118-11-18.0 W


Latitude Longitude
Thence west to 33-43-05.4 N 118-12-18.7 W
Beginning point 33-44-20.0 N 118-08-26.2 W
Thence west/southwest to 33-42-25.9 N 118-14-19.2 W
Thence west to 33-44-23.5 N 118-09-32.6 W
Thence southeast to 33-41-40.3 N 118-13-05.2 W
Thence north to 33-44-52.8 N 118-09-33.2 W
Thence east/northeast to 33-42-08.8 N 118-11-36.8 W
Thence southeast to 33-44-25.2 N 118-08-26.2 W
And thence north/northeast to the beginning point.
Thence south to the beginning point.
(8) General Anchorage N (Los Angeles Harbor). The waters
(4) Commercial Anchorage D (Long Beach Harbor). An area near Cabrillo Beach shoreward of a line connecting the following
enclosed by a line beginning near the east end of the Long Beach coordinates:
Breakwater and joining the following coordinates:

Latitude Longitude
Latitude Longitude
33-42-55.9 N 118-16-44.4 W
Beginning point 33-43-27.2 N 118-08-12.6 W
33-42-26.8 N 118-16-33.9 W
Thence west to 33-43-27.2 N 118-10-46.5 W

Thence north to 33-43-51.0 N 118-10-46.5 W


(9) General Anchorage P (Long Beach Harbor). The waters
within an area beginning at Alamitos Bay West Jetty Light 1 and
Thence northeast to 33-44-18.5 N 118-10-27.2 W connecting the following coordinates:

Thence east to 33-44-18.5 N 118-08-12.6 W


Latitude Longitude
Thence south to the beginning point.
Beginning point 33-44-14.5 N 118-07-19.2 W
(5) Commercial Anchorage E (Long Beach Harbor). An area Thence northwest to 33-44-20.6 N 118-07-31.7 W
enclosed by a line joining the following coordinates:
Thence northwest 33-45-06.5 N 118-09-34.0 W

Latitude Longitude Thence along the eastern shoreline of 33-45-13.5 N 118-09-34.0 W


Island White to the lighted marker at
Beginning point 33-44-37.0 N 118-09-48.5 W.
Thence northwest to 33-45-37.1 N 118-10-38.5 W
Thence southwest to 33 -44-18.5 N 118 -09-56.8 W.
Thence north/northwest to 33-45-49.4 N 118-10-38.8 W
Thence west to 33-44-18.5 N 118-10-27.2 W.
And thence east/southeast along the Long Beach shoreline and the
Thence northwest to 33 -44-27.6 N 118 -10-41.0 W. Alamitos Bay West Jetty to the beginning point.
Thence west/northwest to 33 -44-29.0 N 118 -10-57.4 W. (10) General Anchorage Q (Long Beach Harbor/Alamitos
Bay/Anaheim Bay). The waters within an area described as
Thence north/northwest to 33 -45-06.4 N 118 -11-09.5 W. follows:
Thence northeast to 33 -45-15.2 N 118 -10-46.1 W.
Latitude Longitude
Thence southeast to 33 -45-11.0 N 118 -10-32.0 W.
Beginning point 33-44-36.0 N 118-08-13.0 W
Thence south to 33-44-52.0 N 118-10-32.0 W.
Thence east/southeast to 33-44-20.6 N 118-07-31.7 W
Thence southeast to the beginning point
Thence along a line described as an arc, 33-44-12.5 N 118-07-16.5 W
(6) Commercial Anchorage F (outside of Long Beach radius of 460 meters (approximately 1509
feet) centered on
Breakwater). The waters southeast of the Long Beach

215
f. This anchorage is controlled by the Long Beach Harbor Master.
To 33-44-04.8 N 118-07-01.0 W Anchoring, mooring and recreational boating activities conforming
Thence northwest to 33-44-11.1 N 118-07-13.0 W to applicable City of Long Beach ordinances and regulations are
allowed in this anchorage.
Thence north/northeast to 33-44-24.0 N 118-07-04.1 W
g. When the explosives anchorage is activated portions of this
Thence east/southeast to 33-44-22.5 N 118-06-57.0 W anchorage lie within the explosives anchorage and the
Thence along the shoreline of Seal 33-43-39.1 N 118-06-06.8 W
requirements of paragraph (d) of this section apply.
Beach and Anaheim Bay W. Jetty to
(d) Explosives Anchorage (Long Beach Harbor).
Thence west/southwest to 33-43-27.8 N 118-07-39.9 W
(1) Priority for use of this anchorage shall be given to vessels
Thence northwest to 33-43-38.4 N 118-07-48.2 W carrying, loading, or unloading division 1.1, 1.2, 1.3, or 1.4
Thence west to 33-43-38.4 N 118-08-12.9 W (explosive) materials as defined in 49 CFR 173.50, or Cargoes of
Particular Hazard (COPH) as defined in 33 CFR 126.10, or
and thence north to the beginning point. Certain Dangerous Cargoes (CDC) as defined in 33 CFR 160.202.
(2) Vessels requiring the use of this anchorage shall notify the
(11) Explosives Anchorage (Long Beach Harbor). A circular Captain of the Port at least 24 hours in advance of their intentions
area with a radius of 1,909 yards (1,745 meters), centered in including the estimated times of arrival, departure, net explosive
position 334337.0 N, 1180905.3 W. weight, and whether the vessel will be loading or unloading.
Vessels may not use this anchorage without first obtaining a
(c) Individual anchorage requirements: permit issued by the Captain of the Port.

(1) Table 110.214(c) lists anchorage grounds, identifies the (3) No vessel containing more than 680 metric tons
purpose of each anchorage, and contains specific regulations (approximately 749 tons) of net explosive weight (NEW) may
applicable to certain anchorages. Requirements for the explosives anchor in this anchorage;
anchorage are contained in paragraph (d) of this section.
(4) Bunkering and lightering operations are permitted in the
(2) The geographic boundaries of each anchorage are contained explosives anchorage, except that vessels engaged in the loading
in paragraph (b) of this section. or unloading of explosives shall not simultaneously conduct
bunkering or lightering operations.
Table 110.214(c)
(5) Each anchored vessel loading, unloading or laden with
explosives, must display a red flag of at least 1.2 square meters
Anchorage General location Purpose Specific regulations (approximately 16 square feet) in size by day, and at night the flag
must be illuminated by spotlight;
A Los Angeles Harbor Commercial Note a.

B Long Beach Harbor ......do ......Do. (6) When a vessel displaying the red flag occupies the explosives
anchorage, no other vessel may anchor within the Explosives
C ......do ......do Notes a, g. Anchorage.
D ......do Commercial & Naval Notes a, b, g. Note: When the explosives anchorage is activated, portions of
E ......do Commercial Note c. Anchorages C, D, F and Q are encompassed by the
explosives anchorage.
F Outside Breakwater ......do Notes c, g.
[CGD11-99-008, 65 FR 10710, Feb. 29, 2000, as amended by
G ......do ......do Notes c, d. CGD11-04-007, 71 FR 3002, Jan. 19, 2006; CGD11-04-005, 71
FR 15037, Mar. 27, 2006; USCG-2006-24371, 74 FR 11212, Mar.
N Los Angeles Harbor Small Craft Note e.
16, 2009; USCG-2013-0841, 79 FR 71657, Dec. 3, 2014; USCG-
P Long Beach Harbor ......do Note f. 2005-21869, 80 FR 5330, Jan. 30, 2015]

Q ......do ......do Notes c, g. 110.215 Anaheim Bay Harbor, California; U.S. Naval
Weapons Station, Seal Beach, California; Naval Explosives
Notes: Anchorage.
(a) The anchorage ground. The waters of Anaheim Bay Harbor
a. Bunkering and lightering are permitted. between the east side of the Entrance Channel and the East Jetty,
and the west side of the Entrance Channel and the West Jetty as
b. West of 118-09-48 W priority for use of the anchorage outlined in the following two sections:
will be given to commercial vessels over 244 meters
(approximately 800 feet). East of 118-09-48 W priority for Latitude Longitude
use of the anchorage will be given to Naval and Public vessels, (1) East Side:
vessels under Department of Defense charter, and vessels 3344'03.0" N 11805'35.0" W
requiring use of the explosives anchorage. 3343'53.0" N 11805'15.0" W
3343'49.0" N 11805'18.0" W
c. Bunkering and lightering are prohibited. 3343'36.5" N 11805'56.0" W
3343'37.0" N 11805'57.0" W
d. This anchorage is within a Regulated Navigation Area and 3344'03.0" N 11805'35.0" W
additional requirements apply as set forth in 33 CFR 165.1109(e). Latitude Longitude
(2) West Side:
e. This anchorage is controlled by the Los Angeles Port Police. 3344'05.0" N 11805'40.0" W
Anchoring, mooring and recreational boating activities conforming 3344'06.0" N 11805'56.5" W
to applicable City of Los Angeles ordinances and regulations are
3344'01.0" N 11806'01.0" W
allowed in this anchorage.
3343'40.5" N 11806'03.0" W

216
3343'39.5" N 11806'02.0" W section shall be used only by commercial vessels. Commercial
3344'05.0" N 11805'40.0" W vessels of 15 feet draft or over may anchor in this area seaward
of the Catalina Island Steamship Line pier during hours between
(b) The regulations. sunrise and sunset. The use of this area for anchorage is
forbidden to all other craft at all times. Fixed mooring piles or
(1) This area is reserved for use of naval vessels carrying or stakes and floats or buoys for marking anchors or moorings in
transferring ammunition or explosives under standard military place are prohibited.
restrictions as established by the Safety Manual, Armed Service
Explosives Board. (4) The instructions of the Captain of the Port requiring vessels to
anchor bow and stern, or with two bow anchors, or requiring
(2) No pleasure or commercial craft shall navigate or anchor shifting the anchorage of any vessel within the anchorage
within this area at any time without first obtaining permission from grounds for the common safety or convenience, or for otherwise
the Commanding Officer, Naval Weapons Station, Seal Beach, enforcing the regulations in this section, shall be promptly
California. This officer will extend full cooperation relating to public complied with by owners, masters, and persons in charge of
use of the area and will fully consider every reasonable request vessels.
for the passage of small craft in light of requirements for national
security and safety of persons and property. (5) Nothing in this section shall be construed as relieving the
owner or person in charge of any vessels or plant from the
(3) Nothing in this section shall be construed as relieving the penalties of law for obstructing navigation or for obstructing or
owner or operator of any vessel from the regulations contained in interfering with range lights, or for not complying with the
204.195 of Title 33, covering navigation in Anaheim Bay Harbor. navigation laws in regard to lights, fog signals, or for otherwise
violating law.
(4) The regulations in this section shall be administered by the
Commanding Officer U.S. Naval Weapons Station, Seal Beach, (6) The Avalon Bay anchorage is reserved for large passenger
California and by such agencies as he may designate, and vessels of over 1600 gross tons, unless otherwise authorized by
enforced by the Captain of the Port, Los Angeles-Long Beach, the Captain of the Port Los Angeles-Long Beach.
California.
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by
[CGD11-87-07, 53 FR 878, Jan. 14, 1988] CGD11-95-001, 60 FR 29759, June 6, 1995; GCD11-04-006, 70
FR 28426, May 18, 2005]
110.216 Pacific Ocean At Santa Catalina Island, Calif.
(a) The anchorage grounds 110.218 Pacific Ocean At San Clemente Island, Calif.; In
Vicinity Of Wilson Cove.
(1) Descanso Bay. Shoreward of a line connecting the (a) The anchorage grounds. Shoreward on a line beginning at a
promontories known as White Rock and Casino Point. point on the beach bearing 153 true, 1,400 yards, from Wilson
Cove Light; thence 62 true, 0.67 nautical mile, thence 332 true,
(2) Isthmus Cove. All the waters bounded by a line connecting 1.63 nautical miles; thence 24131 true to the shore line.
the following coordinates, beginning at 33-27'-12" N, 118-30'-
05" W (the promontory known as Lion Head); thence southeast to (b) The regulations.
33-26'-55.5" N, 118-28'-44" W; thence west-southwest to 33-
26'50" N, 118-29'-08" W; thence southwest to 33-26'-39" N, (1) This area is reserved exclusively for anchorage of United
118-29'-19" W; thence along the shoreline returning to the point States Government vessels or vessels temporarily operating
of origin, excluding the following-described non-anchorage area: under Government direction, and no vessel, except in an
an area 300 feet wide (170 feet west and 130 feet east of the emergency, shall anchor in the area without first obtaining
centerline of the Catalina Island Steamship Line pier), extending permission from the Commandant, Eleventh Naval District, or the
1600 feet from the foot of the pier, and an area 150 feet seaward Senior Naval Officer present who shall in turn notify the
of the shoreline extending approximately 1500 feet east and 1500 Commandant promptly.
feet northwest of the centerline of said pier.
(2) No vessel shall anchor in such a manner as to unreasonably
(3) Avalon Bay. (i) Anchorage A. The waters within an area obstruct the approach to the wharf.
described as follows: A circle of 1350 feet radius centered at
3320'59.0" N, 11818'56.2" W. [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by
CCGD11-85-02, 51 FR 2883, Jan 22, 1986]
(ii) Anchorage B. The waters within an area described as follows:
A circle of 1350 feet radius centered at 3320'38.3" N, 110.220 Pacific Ocean At San Nicolas Island, Calif.;
11818'35.8" W. Restricted Anchorage Areas.
(a) The restricted area. All waters within one-quarter nautical
(iii) Anchorage C. The waters within an area described as mile from the shoreline or manmade structures including mooring
follows: A circle of 1350 feet radius centered at 3321'21.0" N, buoys, piers and jetties on the easterly end of San Nicolas Island
11819'16.7" W. between a point on the northeast shore at latitude 3314'32" N,
longitude 11926'41" W and a point on the southeast shore at
(b) The regulations. latitude 3313'08" N, longitude 11927'06" W.

(1) The Descanso Bay anchorage is reserved for yachts and other (b) The regulations.
small craft. Floats or buoys for marking anchors or moorings in
place will be allowed in this area. Fixed mooring piles or stakes (1) Except in an emergency, no vessel shall enter into or anchor
are prohibited. in this restricted area without permission from the Commanding
Officer, Naval Base Ventura County. Cargo and supply vessels or
(2) The Isthmus Cove anchorage shall be available for anchorage barges destined for San Nicolas Island may anchor in the area for
of all types of craft. Temporary floats or buoys for marking unloading or loading.
anchors or moorings in place will be allowed in this area. Fixed
mooring piles or stakes are prohibited. (2) Each person in a restricted anchorage shall obey the order or
direction of the Commanding Officer, Naval Base Ventura County,
(3) The non-anchorage area described in paragraph (a)(2) of this Coast Guard Eleventh District Commander, or Coast Guard

217
Captain of the Port, Los Angeles-Long Beach, when issued to (9) The Captain of the Port may require any vessel in a
carry out this section. designated anchorage area to moor with two or more anchors.

(c) Enforcement.The Coast Guard may be assisted in enforcing (10) Each vessel that will not have sufficient personnel on board
this rule by other Federal, state, or local agencies. to weigh anchor at any time shall anchor with two anchors with
mooring swivel, unless otherwise authorized by the Captain of the
[USCG-2012-0967, 78 FR 67303, Nov. 12, 2013] Port.

110.222 Pacific Ocean At Santa Barbara Island, Calif. (11) Deep-draft vessels shall take precedence over vessels of
(a) The anchorage grounds. Shoreward of a line beginning at lighter draft in the deeper portions of all anchorages. Light-draft
the Santa Barbara Island Light on the northeast end of the island barges and vessels shall anchor away from the deeper portions of
and bearing 23 true a distance of 1.515 nautical miles seaward the anchorage so as not to interfere with the anchoring of deep-
from the beach; thence 14030' true, 2.54 nautical miles; thence draft vessels. Should circumstances warrant, the Captain of the
21230' true, 2.30 nautical miles; thence 29630' true, 0.96 Port may require lighter draft vessels to move to provide safe
nautical mile; and thence 325 true to the beach. anchorage, particularly in Anchorages 7 and 9, for deep-draft
vessels.
(b) The regulations. The anchorage shall be available for
anchorage of all types of craft. Temporary floats or buoys for (12) Barges towed in tandem to any anchorage shall nest
marking anchors in place will be permitted in this area. together when anchoring.

110.224 San Francisco Bay, San Pablo Bay, Carquinez Strait, (13) Each vessel that is notified by the Captain of the Port or his
Suisun Bay, Sacramento River, San Joaquin River, And authorized representative to shift her position shall promptly shift
Connecting Waters, CA. her position.
(a) General regulations.
(14) No person may use these anchorages for any purpose other
(1) Within the navigable waters of San Francisco Bay, San Pablo than the purpose stated in these anchorage regulations.
Bay, Carquinez Strait, Suisun Bay, New York Slough, San
Joaquin River Deep Water Channel, the Stockton Turning Basin, (15) Where these regulations require that a vessel notify the
the Sacramento River Deep Water Ship Channel between Suisun Captain of the Port, the operator of the vessel shall transmit such
Bay and the east end of the West Sacramento Turning Basin, and report to the San Francisco Vessel Traffic Service.
connecting waters, anchoring is prohibited outside of designated
anchorages except when required for safety or with the written NOTE: Vessel Traffic Service guards VHF-FM Channel 13
permission of the Captain of the Port. Each vessel anchoring (156.65 MHz) and Channel 14 (156.70 MHz).
outside an established anchorage area shall immediately notify
the Captain of the Port of her position and reason for anchoring. (16) Nothing in this section may be construed as relieving any
vessel or the owner or person in charge of any vessel from the
(2) No vessel may permanently moor in areas adjacent to the San penalties of law for obstructing or interfering with range lights or
Joaquin River Deep Water Channel except with the written for not complying with the laws relating to lights, day signals, and
permission of the Captain of the Port. fog signals and other navigation laws and regulations.

(3) Each vessel anchoring for safety reasons in the San Joaquin (17) The District Engineer, Corps of Engineers, may issue written
River Deep Water Channel, the Sacramento River Deep Water permission for anchoring a single barge carrying explosives in
Ship Channel, or the Stockton or West Sacramento Turning quantities considered by the District Engineer as safe and
Basins shall be positioned as near to the edge of the channel or necessary in the vicinity of work being done directly under the
turning basin as possible so as not to interfere with navigation, or District Engineer supervision or under a Department of the Army
obstruct the approach to any pier, wharf, slip, or boat harbor and permit. When issuing such a permit, the District Engineer shall
shall move as soon as the reason for anchoring no longer exists prescribe the conditions under which the explosives must be
or when notified to move by the Captain of the Port. stored and handled and shall furnish a copy of the permit and a
copy of the rules and regulations for storing and handling to the
(4) No vessel may anchor within a tunnel, cable, or pipeline area Captain of the Port.
shown on a Government chart.
(18) No vessel may anchor in a "dead ship" status (propulsion or
(5) No vessel may moor, anchor, or tie up to any pier, wharf, or control unavailable for normal operations) at any anchorage other
other vessel in such a manner as to extend into an adjacent than in Anchorage 9 as specified in Table 110.224(D)(1) without
channel or fairway. prior approval of the Captain of the Port.

(6) No vessel in such a condition that it is likely to sink or (b) Naval anchorages. In addition to the general regulations
otherwise become a menace or obstruction to navigation or inparagraph (a) of this section, the following regulations apply to
anchorage of other vessels may occupy an anchorage, except each naval anchorage described in this section.
when unforeseen circumstances create conditions of imminent (1) Naval anchorages are intended for public vessels of the
peril to personnel and then only for such period as may be United States, but may be used by other vessels when not
authorized by the Captain of the Port. required for use by public vessels.

(7) Each vessel carrying explosives shall only anchor in an (2) Other vessels using a naval anchorage shall promptly notify
explosives anchorage except as authorized by paragraph (a)(1) or the Captain of the Port upon anchoring and upon departure and
(a)(17) of this section. shall be prepared to move within one hour upon notice should the
anchorage be required for public vessels.
(8) No vessel other than a vessel under Federal supervision may
go alongside or in any manner moor to any Government-owned (c) Explosive anchorages. In addition to the general regulations
vessel, mooring buoy, or pontoon boom, their anchor cables, or in paragraph (a) of this section, the following regulations apply to
any of their appendages. No vessel other than a vessel under each explosives anchorage described in this section.
Federal supervision may obstruct or interfere in any manner with
the mooring, unmooring, or servicing of vessels owned by the (1) Explosives anchorages and, where established, surrounding
United States. forbidden anchorage zones, are temporarily activated as needed

218
by the Captain of the Port. When not activated, explosives masthead, or at least 10 feet above the upper deck if the vessel
anchorages and surrounding forbidden anchorage zones become has no mast, a red flag at least 16 square feet in area.
part of the general anchorage which encompasses them or, if not
located within the boundaries of a general anchorage, become (6) Each passing vessel shall reduce speed as necessary so as to
available for general navigation. insure that its wake does not interfere with cargo transfer
operations aboard any vessel displaying a red flag in an
(2) Notice of activation and deactivation of explosives anchorages explosives anchorage.
will be disseminated by Coast Guard Broadcast Notice to
Mariners. (7) The Captain of the Port may:

(3) Each vessel which anchors in an explosives anchorage or (7)(i) Issue permission to any vessel carrying flammable solids,
surrounding forbidden anchorage zone while such anchorage is oxidizing materials, corrosive liquids, flammable liquids,
not activated shall be prepared to move within one hour if the compressed gases, or poisonous substances to occupy a berth in
anchorage is activated. an activated explosives anchorage. Such a permit must be
obtained before entering the anchorage and may be revoked at
(4) Unless otherwise authorized by the Captain of the Port: any time.

(4)(i) No vessel may anchor in an activated explosives anchorage (7)(ii) Require any person having business on board a vessel
except vessels loaded with, loading, or unloading explosives. which is loaded with, loading, or unloading explosives to have a
document that is acceptable to the Coast Guard for identification
(4)(ii) No vessel may enter or remain in an activated explosives purposes and to show that document to the Captain of the Port.
anchorage except (A) vessels loaded with, loading or unloading
explosives, (B) lighters or barges delivering cargo to or from such (7)(iii) Require a non-self-propelled vessel, or a self-propelled
vessels, or (C) a tug authorized by paragraph (c)(7)(iii) of this vessel that is unable to maneuver under its own power, that
section. occupies an activated explosives anchorage to be attended by a
tug.
(4)(iii) No vessel carrying explosives or on which explosives are to
be loaded may enter or remain in an activated explosives (d) Anchorage grounds.
anchorage without written permission from the Captain of the Port.
Such a permit must be obtained before entering the anchorage (1) Table 110.224(d)(1) lists anchorage grounds, identifies the
and may be revoked at any time. purpose of each anchorage, and contains specific regulations
applicable to certain anchorages.
(4)(iv) No vessel may anchor in the forbidden anchorage zone
surrounding an activated explosives anchorage. (2) The geographic boundaries of each anchorage are contained
in paragraph (e) of this section.
(5) Each vessel loaded with, loading, or unloading explosives,
while within an explosives anchorage, shall display by day at her

TABLE 110.224(D)(1)
Anchorage No. General location Purpose Specific regulations
4 San Francisco Bay. General... Notes a, b.
5 .do. .do. Do.
6 .do. .do. Note a.
7 .do. .do. Notes a, b, c, d, e.
8 .do. .do. Notes a, b, c
8a .do. .do. Notes a, b, c, d, e, j, n.
9 .do. .do. Notes a, b, m.
10 .do. Naval Note a.
12 .do. Explosives.. Notes a, f.
13 .do. .do. Notes a, e, g.
14 .do. .do. Notes a, f, h.
18 San Pablo Bay............... General.
19 .do. .do. Note b.
20 .do. .do.
21 .do. Naval.
22 Carquinez Strait.. General.
23 Benicia.. General Notes c, d, e, l.
24 Carquinez Strait.. General Note j.
26 Suisun Bay.. .do. Note k.
27 .do. .do.
28 San Joaquin River.. .do.
30 .do. Explosives.
[Notes: a. When sustained winds are in excess of 25 knots each vessel greater than 300 gross tons using this anchorage shall maintain a
continuous radio watch on VHF channel 13 (156.65 MHz) and VHF channel 14 (156.70 MHz). This radio watch must be maintained by a
person who fluently speaks the English language.]

b. Each vessel using this anchorage may not project into adjacent for the purpose of loading any dangerous cargoes or combustible
channels or fairways. liquids unless authorized by the Captain of the Port.

c. This anchorage is primarily for use by vessels requiring a d. Each vessel using this anchorage may not remain for more
temporary anchorage waiting to proceed to pier facilities or other than 12 hours unless authorized by the Captain of the Port.
anchorage grounds. This anchorage may not be used by vessels

219
e. Each vessel using this anchorage shall be prepared to move 3749'53" N.; longitude 12221'39" W.; thence southeasterly to
within 1 hour upon notification by the Captain of the Port. latitude 3749'32.5" N., longitude 12221'20.5" W.; thence
easterly to latitude 3749'34" N., longitude 12220'13" W.; thence
f. The maximum total quantity of explosives that may be on board east-southeasterly to latitude 3749'30" N., longitude 12219'45.5"
a vessel using this anchorage shall be limited to 3,000 tons W.; thence east-northeasterly to the shore at Emeryville at latitude
unless otherwise authorized with the written permission of the 3750'04" N., longitude 12217'41" W.; excluding from this area,
Captain of the Port. however, the channel to Berkeley Marina delineated by lines
joining the following points:
g. The maximum total quantity of explosives that may be on board
a vessel using this anchorage shall be limited to 50 tons except Latitude Longitude
that, with the written permission of the Captain of the Port, each 3752'08" N., 12219'07" W.
vessel in transit, loaded with explosives in excess of 50 tons, may 3752'03" N., 12219'17.5" W.
anchor temporarily in this anchorage provided that the hatches to 3752'00" N., 12219'15.5" W.
the holds containing explosives are not opened. 3751'01" N., 12222'07" W.
3750'43" N., 12222'00" W.
h. Each vessel using this anchorage will be assigned a berth by 3750'53" N., 12221'32" W.
the Captain of the Port on the basis of the maximum quantity of
3751'47" N., 12218'59" W.
explosives that will be on board the vessel.
(4) Anchorage No. 7, Treasure Island. In San Francisco Bay at
i. [Reserved]
Treasure Island bounded a line connecting the following
coordinates:
j. Each vessel using this anchorage shall promptly notify the
Captain of the Port, upon anchoring and upon departure.
Latitude Longitude
k. See 162.270 of this title establishing restricted areas in the 3749'36" N., 12222'40" W; to
vicinity of the Maritime Administration Reserve Fleet. 3750'00" N., 12222'57" W; to
3750'00" N., 12223'44" W; to
l. Vessels using this anchorage must exceed 15 feet draft, have 3749'22.5" N., 12223'44" W; to
engines on standby, and have a pilot on board. 3748'40.5" N., 12222'38" W; to
3749'00.0" N., 12222'16" W; thence along the shore to
m. Any vessel anchoring in a "dead-ship" status shall have one 3749'36" N., 12222'40" W.
assist tug of adequate bollard pull on standby and immediately
available (maximum of 15 minute response time) to provide (5) Anchorage No. 8. In San Francisco Bay bounded by the west
emergency maneuvering. When the sustained winds are 20 knots shore of Alameda Island and the following lines: Beginning at
or greater, or when the wind gusts are 25 knots or greater, the tug 3747'52" N, 12219'58" W; thence west-northwesterly to
must be alongside. 3748'02.5" N 12221'01.5" W; thence west-southwesterly to
3747'51.5" N, 12221'40" W; thence south-southwesterly to
(e) Boundaries. 3747'35.5" N, 12221'50" W; thence south-southeasterly to
3746'40" N, 12221'23" W; thence easterly to 3746'36.5" N,
(1) Anchorage No. 4. Bounded by the west shore of San 12219'52" W; thence northerly to shore at 3746'53" N,
Francisco Bay and the following lines: Beginning on the shore 12219'53.5" W (NAD 83).
southwest of Point San Quentin at latitude 3756'28" N., longitude
12228'54" W.; thence east-southeasterly to latitude 3755'55" N., (6) Anchorage No. 8A. In San Francisco Bay bounded by the
longitude 12226'49" W., thence southwesterly to latitude following lines: Beginning at latitude 3747'35" N and longitude
3754'13" N., longitude 12227'24" W., thence southeasterly to 12221'50" W; thence south-southwesterly to latitude 3747'07" N
the shore of Tiburon Peninsula at Point Chauncey at latitude and longitude 12222'09" W; thence south-southeasterly to
3753'40.5" N., longitude 12226'55" W. When Explosives latitude 3746'30" N and longitude 12221'57" W; thence easterly
Anchorage No. 13 is activated by the Captain of the Port, it and along the northern border of Anchorage 9 to latitude 3746'26" N
the forbidden anchorage zone surrounding it are excluded from and longitude 12220'42" W; thence northerly to latitude 3746'38"
Anchorage No. 4. N and longitude 12220'42" W; thence westerly along the
southern border of Anchorage 8 to latitude 3746'41" N and
(2) Anchorage No. 5, Southampton Shoal. In San Francisco longitude 12221'23" W; thence northwesterly along the
Bay at Southampton Shoal bounded by a line connecting the southwestern border of Anchorage 8 back to the beginning point
following coordinates: (NAD 83).

Latitude Longitude (7) Anchorage No. 9. In San Francisco Bay bounded on the east
3755'48" N. 12225'52" W; to by the eastern shore of San Francisco Bay and on the north by
3755'50" N. 12226'32" W; to the southern shore of Alameda Island and a line beginning at
3754'49" N. 12226'39" W; to 3746'21.5" N, 12219'07" W; thence westerly to 3746'30" N,
3754'03" N. 12226'06" W; to 12221'56" W; thence south-southeasterly to 3741'45" N,
3753'25" N. 12225'30" W; to 12220'22" W (San Bruno Channel Light 1); thence south-
3753'23" N. 12225'09" W; to southeasterly to 3738'38.5" N, 12218'48.5" W (San Bruno
Channel Light 5); thence southeasterly to 3736'05" N, 12214'18"
3755'19" N. 12225'33" W; to
W; thence northeasterly to shore at 3737'38.5" N, 12209'06.5"
3755'42" N. 12225'45" W; thence back to
W (NAD 83).
3755'48" N. 12225'52" W.
(8) Anchorage No. 10. In San Francisco Bay bounded by the
(3) Anchorage No. 6. Bounded by the east shore of San east shore of Sausalito and the following lines: Beginning on the
Francisco Bay and the following lines: Beginning at the shore of shore of Sausalito at latitude 3751'20" N., longitude 12228'38"
the southernmost extremity of Point Isabel at latitude 3753'46" N., W.; thence southeasterly to latitude 3750'57.5" N., longitude
longitude 12219'19" W.; thence westerly along the north shore of 12227'57" W.; thence southwesterly to the shore of Sausalito at
Brooks Island to the jetty extending westerly therefrom; thence latitude 3750'36" N., longitude 12228'34" W.
westerly along the jetty to its bayward end at latitude 3754'13" N.,
longitude 12223'27" W.; thence south-southeasterly to latitude

220
(9) Anchorage No. 12. In San Francisco Bay east of the city of (17) Anchorage No. 23, Benicia. In Carquinez Strait an area
San Francisco a circular area having a radius of 500 yards bounded by a line connecting the following coordinates:
centered at latitude 3744'32.5" N., longitude 12220'27.5" W. A
667-yard-wide forbidden anchorage zone surrounds this Latitude Longitude
anchorage. 3802'33.9" N. 12209'00" W; to
3801'53.8" N. 12209'00" W; to
(10) Anchorage No. 13. In San Francisco Bay east of the Tiburon 3801'57.4" N. 12208'19.3" W; to
Peninsula a circular area having a radius of 333 yards centered at 3802'33" N. 12208'18.6" W; thence back to
latitude 3755'26" N., longitude 12227'27" W. A 667-yard-wide 3802'33.9" N. 12209'00" W.
forbidden anchorage zone surrounds this anchorage except
where such zone would extend beyond the limits of Anchorage (18) Anchorage No. 24. Bounded by the north shore of
No. 4. Carquinez Strait and the following points: Beginning on the shore
at Dillon Point at 3803'44" N, 12211'34" W; thence southeasterly
NOTE: See 110.224(e)(2) for a description of Anchorage No. 4. to 3803'21" N, 12210'43" W; thence southeasterly to 3802'36"
N, 12210'03" W (Carquinez Strait Light 23); thence to the shore
(11) Anchorage No. 14. In San Francisco Bay east of Hunters at the Benicia City Wharf at 3802'40" N, 12209'55" W (NAD 83).
Point an area 1,000 yards wide and 2,760 yards long, the end
boundaries of which are semicircles, with a radii of 500 yards and (19) Anchorage No. 26. On the west side of Suisun Bay,
center, respectively at latitude 3742'37" N., longitude 12219'48" adjacent to and northeast of the city of Benicia within the following
W. and latitude 3743'29" N., longitude 12219'48" W. (NAD 83); boundaries: Beginning on the shore northeast of Army Point at
and the side boundaries of which are parallel tangents joining the latitude 3802'54" N., longitude 12207'37" W.; thence south-
semicircles. A forbidden anchorage zone extends 667 yards out southeasterly along the Southern Pacific bridge to latitude
from the perimeter on each side. 3802'38" N., longitude 12207'24" W.; thence easterly to latitude
3802'42" N., longitude 12207'07.5" W.; thence northeasterly to
(12) Anchorage No. 18. In San Pablo Bay bounded by the west latitude 3805'42" N., longitude 12204'06" W.; thence
shore of San Pablo Bay and the following lines: Beginning at the northwesterly to the shore at latitude 3805'58" N., longitude
shore at Point San Pedro at latitude 3759'16" N., longitude 12204'28" W.; thence along the shore to the point of beginning.
12226'47" W.; thence easterly to latitude 3759'16" N., longitude
12226'26" W.; thence northerly to latitude 3803'46" N., longitude (20) Anchorage No. 27. In the northeast portion of Suisun Bay
12225'52.5" W.; thence northwesterly to the shore south of the bounded by the north shore and the following lines: Beginning on
entrance to Novato Creek at latitude 3805'13.5" N., longitude the shore of Grizzly Island at latitude 3808'13" N., longitude
12229'04" W.; excluding from this area, however, the channel to 12202'42.5" W.; thence southerly to tripod at Preston Point on
Hamilton Field and the extension of this channel easterly to the Roe Island at latitude 3804'16" N., longitude 12202'42" W.;
boundary of the anchorage, and the pipeline area therein. thence along the south shore of Roe Island to latitude 3804'05"
N., longitude 12201'35" W.; thence east-southeasterly to latitude
(13) Anchorage No. 19. In San Pablo Bay bounded by the 3803'42.5" N., longitude 12158'54" W.; thence easterly to the
northeast shore of San Pablo Bay and the following lines: shore of Chipps Island at latitude 3803'42.5" N., longitude
Beginning at the shore of Tubbs Island at latitude 3807'39" N., 12155'05" W.
longitude 12225'18" W.; thence southerly to latitude 3800'36" N.,
longitude 12225'20" W.; thence northeasterly to latitude (21) Anchorage No. 28. The area bounded on the east by the
3803'13" N., longitude 12219'46" W.; thence east-northeasterly shore of Lower Sherman Island and the following lines: Beginning
to latitude 3803'37" N., longitude 12217'13" W.; thence northerly at Point Sacramento on Lower Sherman Island at latitude
to the long dike extending southwesterly from Mare Island at 3803'45" N., longitude 12150'17.5" W.; thence southwesterly to
latitude 3803'52.5" N., longitude 12217'10" W.; thence along the latitude 3803'37.5" N., longitude 12150'31" W.; thence south-
long dike to the shore at Mare Island. southeasterly to latitude 3802'11" N.; longitude 12149'58" W.;
thence to the shore of Lower Sherman Island at latitude 3802'23"
(14) Anchorage No. 20. In San Pablo Bay bounded by the N., longitude 12149'49" W.
southeast shore of San Pablo Bay and the following lines:
Beginning at the northeast corner of Parr Terminal No. 4 at Point (22) Anchorage No. 30. The portion of the Old San Joaquin River
San Pablo at latitude 3757'59" N., longitude 12225'35" W.; Channel bounded on the west by the shore of Mandeville Point
thence northeasterly to latitude 3801'27.5" N., longitude and the following lines: Beginning on the shore of Mandeville
12221'33" W.; thence east-northeasterly to the Union Oil Co. pier Point at latitude 3804'01" N., longitude 12132'05" W.; thence
at Oleum at latitude 3803'18" N., longitude 12215'37" W.; and northeasterly to latitude 3804'07.5" N., longitude 12131'58" W.;
thence along this pier to the shore. thence southeasterly to latitude 3803'47" N., longitude
12131'42.5" W.; thence westerly to the shore of Mandeville Point
(15) Anchorage No. 21. In San Pablo Bay south of Mare Island a at latitude 3803'47.5" N., longitude 12131'56" W.
rectangular area beginning at latitude 3803'56" N., longitude
12215'56" W.; thence easterly to latitude 3804'02" N., longitude [CGD12 84-07, 51 FR 12315, Apr. 10, 1986]
12215'20" W.; thence southerly to latitude 3803'48" N.,
longitude 12215'16" W.; thence westerly to latitude 3803'42" N., Editorial Note:For Federal Register citations affecting 110.224,
longitude 12215'52" W.; thence northerly to the point of see the List of CFR Sections Affected, which appears in the
beginning. Finding Aids section of the printed volume and at www.fdsys.gov.
(16) Anchorage No. 22, Carquinez Strait. In Carquinez Strait an 110.228 Columbia River, Oregon and Washington.
area bounded by a line connecting the following coordinates: (a) Anchorage grounds.

Latitude Longitude (1) Astoria North Anchorage. An area enclosed by a line


3802'36.8" N. 12209'59" W; to beginning northeast of Astoria, Oregon, at latitude 461200.79 N,
3802'06.6" N. 12209'46.7" W; to longitude 1234955.40 W; thence continuing easterly to latitude
3801'53.8" N. 12209'00" W; to 461202.00 N, longitude 1234940.09 W; thence continuing
3802'33.9" N. 12209'00" W; thence back to east-northeasterly to latitude 461314.85 N, longitude
1234627.89 W; thence continuing south-southeasterly to
3802'36.8" N. 12209'59" W.
latitude 461300.56 N, longitude 1234616.65 W; thence
continuing southwesterly to latitude 461151.79 N, longitude

221
1234918.08 W; thence continuing west-southwesterly to latitude 1224553.06 W; thence continuing north-northwesterly to latitude
461146.27 N, longitude 1234943.48 W; thence continuing 454615.94 N, longitude 1224610.25 W; thence continuing
west-southwesterly to latitude 461144.98 N, longitude west-northwesterly to latitude 454720.20 N, longitude
1234949.44 W; thence continuing westerly to latitude 1224659.28 W; thence continuing easterly to the point of
461144.32 N, longitude 1234958.88 W; thence continuing beginning.
northeasterly to the point of the beginning.
(7) Lower Vancouver Anchorage. An area enclosed by a line
(2) Astoria South Anchorage. An area enclosed by a point beginning north-northeast of Reeder Point at latitude 454339.18
beginning east-northeast of Astoria, Oregon, at latitude N, longitude 1224527.54 W; thence continuing south-
461146.95 N, longitude 1234913.04 W; thence continuing southwesterly to latitude 454126.95 N, longitude 1224613.83
northeasterly to latitude 461302.18 N, longitude 1234554.55 W; thence continuing southerly to latitude 454035.72 N,
W; thence continuing easterly to latitude 461305.90 N, longitude 1224609.98 W; thence continuing south-southeasterly
longitude 1234541.55 W; thence continuing southeasterly to to latitude 454023.95 N, longitude 1224604.26 W; thence
latitude 461255.16 N, longitude 1234534.31 W; thence continuing west-southwesterly to latitude 454020.68 N,
continuing southwesterly to latitude 461224.32 N, longitude longitude 1224616.07 W; thence continuing northwesterly to
1234634.70 W; thence continuing west-southwesterly to latitude latitude 454032.85 N, longitude 1224621.98 W; thence
461137.32 N, longitude 1234903.46 W; thence continuing continuing north-northwesterly to latitude 454101.03 N,
north-northwesterly to the point of the beginning. longitude 1224626.85 W; thence continuing northerly to latitude
454129.07 N, longitude 1224626.15 W; thence continuing
(3) Longview Anchorage. An area enclosed by a line beginning north-northeasterly to latitude 454341.27 N, longitude
southeast of Longview, Washington, at latitude 460628.69 N, 1224539.87 W; thence continuing easterly to the point of the
longitude 1225738.33 W; thence continuing northwesterly to beginning. The Vancouver lower anchorage will then resume
latitude 460641.71 N, longitude 1225801.25 W; thence slightly further upstream at an area north of Kelly point and will be
continuing westerly to latitude 460722.55 N, longitude enclosed by a line starting at latitude 454010.09 N, longitude
1225900.81 W; thence continuing westerly to latitude 1224557.53 W; thence continuing southeasterly to latitude
460736.21 N, longitude 1225919.29 W; thence continuing 453942.94 N, longitude 1224544.34 W; thence continuing
southwesterly to latitude 460728.44 N, longitude 1225931.18 west-southwesterly to latitude 453940.07 N, longitude
W; thence continuing easterly to latitude 460714.77 N, 1224556.34 W; thence continuing northwesterly to latitude
longitude 1225912.70 W; thence continuing easterly to latitude 454006.75 N, longitude 1224609.30 W; thence continuing
460642.01 N, longitude 1225828.41 W; thence continuing east-northeasterly to the point of the beginning.
northeasterly to latitude 460634.27 N, longitude 1225814.21
W; thence continuing northeasterly to latitude 460632.19 N, (8) Kelly Point Anchorage. An area enclosed by a line beginning
longitude 1225808.77 W; thence continuing northeasterly to northeast of Kelly Point, Oregon, at latitude 453910.32 N,
latitude 460622.44 N, longitude 1225743.27 W; thence longitude 1224536.45 W; thence continuing east-southeasterly
continuing northeasterly to the point of the beginning. to latitude 453902.10 N, longitude 1224521.67 W; thence
continuing east-southeasterly to latitude 453859.15 N, longitude
(4) Kalama Anchorage. An area to be enclosed by a line 1224516.38 W; thence continuing southwesterly to latitude
beginning north-northwesterly of Sandy Island at latitude 453851.03 N, longitude 1224525.57 W; thence continuing
460120.48 N, longitude 1225204.32 W; thence continuing westerly to latitude 453851.54 N, longitude 1224526.35 W;
east-southeasterly to latitude 460057.73 N, longitude thence continuing northwesterly to latitude 453906.27 N,
1225135.14 W; thence continuing east-southeasterly to latitude longitude 1224540.50 W; thence continuing north-northeasterly
460053.95 N, longitude 1225130.29 W; thence continuing to the beginning point.
southeasterly to latitude 460035.10 N, longitude 1225115.37
W; thence continuing south-southeasterly to latitude 455941.48 (9) Upper Vancouver Anchorage. An area enclosed by a line
N, longitude 1225052.40 W; thence continuing southwesterly to beginning north-northeast of Hayden Island at latitude
latitude 455938.65 N, longitude 1225105.97 W; thence 453843.44 N, longitude 1224439.50 W; thence continuing
continuing north-northwesterly to latitude 460036.82 N, northeasterly to 453826.98 N, longitude 1224325.87 W;
longitude 1225130.90 W; thence continuing west-northwesterly thence continuing east-northeasterly to latitude 453817.31 N,
to latitude 460051.32 N, longitude 1225145.44 W; thence longitude 1224254.69 W; thence continuing easterly to latitude
continuing west-northwesterly to latitude 460124.38 N, 453812.40 N, longitude 1224243.93 W; thence continuing
longitude 1225221.20 W; thence continuing northeasterly to the east-southeasterly to latitude 453740.53 N, longitude
beginning. 1224144.08 W; thence south-southeasterly to latitude
453736.11 N, longitude 1224148.86 W; thence continuing
(5) Woodland Anchorage. An area enclosed by a line beginning west-southwesterly to latitude 453752.20 N, longitude
northeast of Columbia City, Oregon, at latitude 455355.31 N, 1224219.50 W; thence continuing west-southwesterly to latitude
longitude 1224817.35 W; thence continuing easterly to latitude 453810.75 N, longitude 1224308.89 W; thence continuing
455357.11 N, longitude 1224802.16 W; thence continuing southwesterly to latitude 453818.79 N, longitude 1224344.83
south-southeasterly to latitude 455327.16 N, longitude W; thence continuing westerly to latitude 453841.37 N,
1224744.28 W; thence continuing westerly to latitude longitude 1224440.44 W; thence continuing northeasterly to the
455320.16 N, longitude 1224802.37 W; thence continuing point of beginning.
northwesterly to latitude 455341.50 N, longitude 1224813.53
W; thence continuing northerly to the point of beginning. (10) Cottonwood Island Anchorage. The waters of the
Columbia River bounded by a line connecting the following points:
(6) Henrici Bar Anchorage. An area enclosed by a line
beginning west-southwesterly of Bachelor Slough, Washington, at Latitude Longitude
latitude 454724.68 N, longitude 1224649.14 W; thence
460556.88 N 1225653.19 W
continuing east-southeasterly to latitude 454644.95 N, longitude
1224613.23 W, thence continuing southeasterly to latitude 460514.06 N 1225445.71 W
454625.67 N, longitude 1224600.54 W; thence continuing 460457.12 N 1225412.41 W
south-southeasterly to latitude 454602.69 N, longitude 460437.55 N 1225345.80 W
1224550.32 W; thence continuing southerly to latitude 460413.72 N 1225323.66 W
454543.66 N, longitude 1224545.33 W; thence continuing 460354.94 N 1225311.81 W
southerly to latitude 454537.52 N, longitude 1224544.99 W; 460334.96 N 1225303.17 W
thence continuing westerly to latitude 454537.29 N, longitude 460311.61 N 1225256.29 W

222
460310.94 N 1225310.55 W American Datum 1983.
460332.06 N 1225319.69 W
460350.84 N 1225327.81 W (1) Freshwater Bay Emergency Anchorage. All waters of
460408.10 N 1225338.70 W Freshwater Bay and adjacent waters shoreward of a line
beginning at Observatory Point, latitude 480903 N, longitude
460429.41 N 1225358.17 W
1233812 W; thence 000T to latitude 480936 N, longitude
460449.89 N 1225421.57 W
1233812 W; thence 090T to latitude 480936 N, longitude
460506.95 N 1225450.65 W 1233327 W; thence 180T ending at Angeles Point, latitude
460549.77 N 1225658.12 W 480900 N, longitude 1233327 W.

(11) Prescott Anchorage. The waters of the Columbia River (i) This anchorage may only be assigned to vessels experiencing
bounded by a line connecting the following points: an emergency that requires anchoring. Vessel emergencies
include equipment failures, cargo securing, etc. Vessels requiring
Latitude Longitude a customs inspection will not be allowed to anchor in this area.
460247.01 N 1225253.90 W
460226.32 N 1225251.89 W (ii) [Reserved]
460225.92 N 1225300.38 W
460246.54 N 1225303.87 W (2) Bellingham Bay Anchorages

(i) General Anchorage. The waters of Bellingham Bay within a


(b) Regulations.
circular area with a radius of 2,000 yards, having its center at
latitude 484414.39, longitude 1223226.62.
(1) All designated anchorages are intended for the primary use of
deep-draft vessels over 200 feet in length.
(ii) Explosives Anchorage. The waters of Bellingham Bay within
a circular area with a radius of 1,000 yards, having its center at
(2) If a vessel under 200 feet in length is anchored in a
latitude 484247.39, longitude 1223341.62.
designated anchorage, the master or person in charge of the
vessel shall:
(3) Port Townsend Anchorages.
(i) Ensure that the vessel is anchored so as to minimize conflict
(i) Fair weather explosives anchorage area. A circular area having
with large, deep-draft vessels utilizing or seeking to utilize the
a radius of 300 yards, whose center is at latitude 480625.30,
anchorage; and
longitude 1224350.60.
(ii) Move the vessel out of the area if requested by the master of a
(ii) Foul weather explosives anchorage area. A circular area
large, deep-draft vessel seeking to enter or depart the area or if
having a radius of 300 yards, whose center is at latitude
directed by the Captain of the Port.
48044.33, longitude 1224456.60.
(3) Vessels desiring to anchor in designated anchorages shall
(4) Holmes Harbor General Anchorage. All waters of Holmes
contact the pilot office that manages that anchorage to request an
Harbor lying south of a line between latitude 480550 N,
appropriate position to anchor. Columbia River Bar Pilots manage
longitude 1223124 W; thence 311T to latitude 480703 N,
Astoria North Anchorage and Astoria South Anchorage. Columbia
longitude 1223331 W.
River Pilots manage all designated anchorages upriver from
Astoria.
(5) Port Gardner General Anchorage. All waters in a
quadrilateral area bounded as follows: Beginning at latitude
(4) No vessel may occupy a designated anchorage for more than
475857 N, longitude 1221405 W; thence 302T to latitude
30 consecutive days without permission from the Captain of the
475921.5 N, longitude 1221502 W; thence 229T to latitude
Port.
475857 N, longitude 1221544 W; thence 122T to latitude
475832.5 N, longitude 1221447 W; thence 048T to point of
(5) No vessel being laid-up or dismantled or undergoing major
origin.
alterations or repairs may occupy a designated anchorage without
permission from the Captain of the Port.
(6) Thorndike Bay Emergency Explosives Anchorage. All
waters in a quadrilateral area bounded as follows: Beginning at
(6) No vessel carrying a Cargo of Particular Hazard listed in
latitude 474759 N, longitude 1224330 W; thence 270T to
126.10 of this chapter may occupy a designated anchorage
latitude 474759 N, longitude 1224430 W; thence 180T to
without permission from the Captain of the Port.
latitude 474730 N, longitude 1224430 W; thence 090T to
latitude 474730 N, longitude 1224330 W, thence 000T to
(7) No vessel in a condition such that it is likely to sink or
point of origin.
otherwise become a hazard to the operation of other vessels shall
occupy a designated anchorage except in an emergency and then
(7) Elliott Bay Anchorages
only for such periods as may be authorized by the Captain of the
Port.
(i) Smith Cove West General Anchorage. All waters inside the
area beginning at latitude 473820.44 N, longitude
(8) Vessels anchoring in Astoria North Anchorage should avoid
1222448.56 W; thence 207T to latitude 473751.6 N, longitude
placing their anchor in the charted cable area.
1222510.5 W; thence 124T to latitude 473656.2 N, longitude
1222307 W; thence 000T to latitude 473759.5 N, longitude
[USCG-2008-1232, 74 FR 51781, Oct. 8, 2009, as amended by
1222307 W; thence northwest along the shoreline to the point
USCG-2010-0351, 75 FR 36282, June 25, 2010; USCG-2011-
of origin.
0348, 77 FR 50916, Aug. 23, 2012]
(ii) Smith Cove East General Anchorage. All waters inside the
110.229 Straits Of Juan De Fuca, Wash. [Removed]
area beginning at latitude 473736.2 N, longitude 1222243 W;
thence 180T to latitude 473656.2 N, longitude 1222243 W;
110.230 Anchorages, Captain of the Port Puget Sound Zone,
thence 090T to latitude 473656.2 N, longitude 1222122.5 W,
WA.
thence northwest along the shoreline to the point of origin.
(a) Anchorage grounds. All coordinates are expressed in North

223
(iii) Elliott Bay East General Anchorage. All waters inside the 480656.73 N, longitude 1232408.67 W.
area beginning at latitude 473525.8 N, longitude 1222045.5
W; thence 000T to latitude 473555.85 N, longitude (i) No vessel may anchor in this non-anchorage area at any time.
1222045.5 W; thence 270T to latitude 473555.85 N,
longitude 1222130 W; thence 180T to latitude 473519.2 N, (ii) Dragging, seining, fishing, or other activities which may foul
longitude 1222130 W; thence east along the shoreline to the underwater installations within this non-anchorage area are
point of origin. prohibited.

(iv) Elliott Bay West General Anchorage. All waters inside the (iii) Vessels may transit this non-anchorage area, but must
area beginning at latitude 473530 N, longitude 1222141 W, proceed by the most direct route and without unnecessary delay.
thence 000T to latitude 473545.5 N, longitude 1222141 W;
thence 336T to latitude 473555.85 N, longitude 1222148.5 Note to paragraph (a)(14): The city of Port Angeles will mark this
W; thence 270T to latitude 473555.85 N, longitude area with signs on the shoreline visible (during normal daylight) 1
1222316.46 W, thence 180T to Duwamish Head thence mile to seaward reading, Do not Anchor in This Area.
southeast following the shoreline to latitude 473530 N,
longitude 1222254.5 W; thence 090T to the point of origin. (b) The regulations.

(8) Yukon Harbor General Anchorage. All waters inside the (1) No vessel shall anchor in any general anchorage described in
area beginning at latitude 473354.66 N, longitude paragraph (a) of this section without prior permission from the
1223154.68 W; thence 106T to latitude 473323 N, longitude Captain of the Port (COTP), or his authorized representative.
1222905 W; thence 180T to latitude 473239.5 N, longitude Vessel Traffic Service Puget Sound is designated as the COTP's
1222905 W; thence south along the eastern shoreline of Blake authorized representative. All vessels should seek permission at
Island to latitude 473148 N, longitude 1222921 W; thence least 48 hours prior to arrival at the anchorage area in order to
250T to latitude 473120.5 N, longitude 1223110 W; thence avoid unnecessary delays.
west and north along the Kitsap Peninsula shoreline to the point
of origin. (i) Except for the Anacortes General Anchorages, a berth in a
general anchorage, if available, may be assigned to any vessel by
(9) Cherry Point General Anchorage. The waters within a the Captain of the Port or his authorized representative upon
circular area with a radius of 1600 yards, having its center at application and he may grant revocable permits for the continuous
latitude 484829.39 N, longitude 12246'04.66 W. use of the same berth. For the Anacortes General Anchorages,
the following hierarchy will be applied for assignment of a berth:
(10) Anacortes General Anchorages. tankers conducting lightering operations, then loaded tankers, and
then all other vessels.
(i) Anacortes East (ANE) Anchorage. The waters within a
circular area with a radius of 600 yards, having its center at (ii) Tugs and oil barges using the Cap Sante and Hat Island
483127 N., 1223345 W. General Anchorages are exempt from the requirement to obtain
the COTP's permission.
(ii) Anacortes Center (ANC) Anchorage. The waters within a
circular area with a radius of 600 yards, having its center at (2) Except for the Anacortes General Anchorages, no vessel shall
483054 N, 1223406 W. occupy any general anchorage for a period longer than 30 days
unless a permit is obtained from the Captain of the Port for that
(iii) Anacortes West (ANW) Anchorage. The waters within a purpose. There is a 10 days maximum stay at the Anacortes East
circular area with a radius of 600 yards, having its center at and Anacortes Center general anchorages, and 6 day maximum
483109 N, 1223455 W. stay at the Anacortes West general anchorage.

(11) Cap Sante Tug and Barge General Anchorage. The Cap (3) The COTP or his authorized representative may require
Sante Tug and Barge General Anchorage includes all waters vessels to depart from the Anacortes General Anchorage before
enclosed by a line connecting the following points: 483116 N, the expiration of the authorized or maximum stay. The COTP or
1223600 W, which is approximately the northeast tip of Cap his authorized representative will provide at least 24-hour notice
Sante; then southeast to 483053 N, 1223528 W; then west to a vessel required to depart the Anacortes General Anchorage.
southwest to 483045 N, 1223552 W, approximately the south
tip of Cap Sante; then north along the shoreline to the point of (4) No vessel in a condition such that it is likely to sink or
origin. otherwise become a menace or obstruction to the navigation or
anchorage of other vessels shall occupy any general anchorage
(12) Hat Island Tug and Barge General Anchorage. The Hat except in an emergency and then only for such period as may be
Island Tug and Barge General Anchorage includes all waters permitted by the Captain of the Port.
enclosed by a line connecting the following points: 483119 N,
1223304 W, near the west side of Hat Island; then southwest to (5) Within the Anacortes General Anchorages, lightering
483037 N, 1223338 W; then east to 483037 N, 1223200 operations shall only be conducted in the Anacortes West and
W; then northwest to the point of origin. Anacortes Center anchorages.

(13) Commencement Bay General Anchorage. A quadrilateral (6) Tugs and barges using the Cap Sante and Hat Island Barge
area bounded as follows: Beginning at latitude 471736.36 N, General Anchorages are required to ensure their vessels and
longitude 1222604.45 W; thence due south to latitude barges do not project beyond the holding area's boundaries. The
471718.36 N, longitude 1222604.45 W; thence due east to tug must be manned, remain in attendance with the barge and
latitude 471718.36 N, longitude 1222504.45 W; thence due maintain a communications guard with VTS on an appropriate
north to latitude 471732.36 N, longitude 1222504.45 W; VTS VHF radio working frequency, which is currently channel 5A.
thence west northwest to the point of origin.
(7) No vessel shall anchor in any general anchorage described in
(14) Non-anchorage area Port Angeles Harbor. Beginning at a paragraph (a) of this section without prior permission from the
point on the shore at latitude 480703.83 N, longitude Captain of the Port, or his authorized representative. No vessel
1232420.67 W; thence to latitude 480738.43 N, longitude shall occupy any general anchorage for a period longer than 30
1232404.67 W; thence to latitude 480736.03 N, longitude days unless a permit is obtained from the Captain of the Port for
1232350.67 W; thence to a point on the shoreline at latitude that purpose. No vessel in a condition such that it is likely to sink

224
or otherwise become a menace or obstruction to the navigation or [CGD17-99-002, 64 FR 29558, June 2, 1999]
anchorage of other vessels shall occupy a general anchorage
except in an emergency and then only for such period as may be 110.232 Southeast Alaska.
permitted by the Captain of the Port. A berth in a general (a) The anchorage grounds-
anchorage, if available, may be assigned to any vessel by the
Captain of the Port upon application and he may grant revocable (1) Hassler Harbor-explosives anchorage. The waters of Hassler
permits for the continuous use of the same berth. Harbor within a circular area with a radius of 1,500 yards, having
its center at latitude 5512'52" N., longitude 13125'52" W.
(8) Explosive anchorages are reserved for vessels carrying
explosives. All vessels carrying explosives shall be within these (b) The regulations.
areas when anchored.
(1) Except in an emergency, only a vessel that is transporting,
(9) Whenever any vessel not fitted with mechanical power, loading or discharging explosives may anchor, moor, or remain
anchors in an explosive anchorage, the Captain of the Port may within the Hassler Harbor explosives anchorage.
require the attendance of a tug upon such vessel, when, in his
judgment, such action is necessary. (2) A master or person in charge of a vessel shall obtain a written
permit from the Captain of the Port, Southeast, Alaska, to anchor,
(10) Vessels carrying explosives shall comply with the general moor, or remain within the explosives anchorage. The vessel shall
regulations in paragraph (b)(1) of this section, when applicable. anchor in the position specified by the permit.

(11) Every vessel at anchor in an explosives anchorage shall (3) The net weight of the explosives laden aboard all vessels
display by day a red flag at least 16 square feet in area at its mast anchored, moored, or remaining within the anchorage shall not
head or at least 10 feet above the upper deck if the vessel has no exceed 800,000 pounds.
mast, and by night a red light in the same position specified for
the flag. These signals shall be in addition to day signals and (4) The Captain of the Port, Southeast, Alaska, may require a
lights required to be shown by all vessels when at anchor. nonself propelled vessel to be attended by a tug while moored,
anchored, or remaining within the explosives anchorage.
(12) Every vessel constructed of wood shall, unless there are
steel bulwarks or metallic cases or cargo on board, be fitted with (5) A wooden vessel must:
radar reflector screens of metal of sufficient size to permit target
indication on the radar screen of commercial type radars. (5)(i) Be fitted with a radar reflector screen of metal of sufficient
size to permit target indication on the radar screen of commercial
(13) Fishing and navigation by pleasure and commercial craft are type radar; or
prohibited within the area at all times when vessels which are
anchored in the area for the purpose of loading or unloading (5)(ii) Have steel bulwarks; or
explosives display a red flag by day and a red light by night,
unless special permission is granted by the Captain of the Port. (5)(iii) Have metallic cases or cargo aboard.

(14) No explosives handling in any explosive anchorage will be (6) Each vessel moored, anchored, or remaining within the
undertaken by any vessel unless personnel from the Captain of explosives anchorage and carrying, loading, or discharging
the Port are on board to supervise the handling of explosives. explosives from sunrise to sunset shall display:

(15) No vessel shall remain at anchor in any explosive anchorage (6)(i) A red flag from the mast; or
unless there is on board such vessel a competent watchman or a
tug in attendance. (6)(ii) A sign posted on each side of the vessel reading
"Explosive-Keep Clear-No Smoking or Open Flame" in letters that
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967] are 3 inches or larger and have sufficient contrast with the
background to be seen from a distance of 200 feet.
Editorial Note: For Federal Register citations affecting 110.230,
see the List of CFR Sections Affected, which appears in the (7) Each vessel moored, anchored, or remaining within the
Finding Aids section of the printed volume and at www.fdsys.gov. anchorage during the night shall display:

110.231 Ketchikan Harbor, Alaska, Large Passenger Vessel (7)(i) Anchor lights; and
Anchorage.
(a) The anchorage grounds. Ketchikan Harbor, Alaska, Large (7)(ii) A 32 point red light located from the mast or highest part of
Passenger Vessel Anchorage. The waters of Ketchikan Harbor, the vessel to be visible all around the horizon for a distance of 2
Ketchikan, Alaska, enclosed by the following boundary lines: A miles.
line from Thomas Basin Entrance Light "2" to East Channel
Lighted Buoy "4A", to Pennock Island Reef Lighted Buoy "PR", to [CGFR 71-86A, 36 FR 20603, Oct. 27, 1971, as amended by
Wreck Buoy "WR6", then following a line bearing 064 degrees CGD 77-020, 42 FR 30618, June 16, 1977]
true to shore. This anchorage is effective 24 hours per day from 1
May through 30 September, annually. 110.233 Prince William Sound, Alaska.
(a) The anchorage grounds. In Prince William Sound, Alaska,
(b) The regulations. beginning at a point at latitude 6040'00" N., longitude 14640'00"
W.; thence south to latitude 6038'00" N., longitude 14640'00" W.;
(1) When transiting through the anchorage, all vessels using thence east to latitude 6038'00" N., longitude 14630'00" W.;
propulsion machinery shall proceed across the anchorage by the thence north to latitude 6039'00" N., longitude 14630'00" W.;
most direct route and without unnecessary delay. Sudden course thence northwesterly to the beginning point.
changes within the anchorage are prohibited.
(b) The regulations.
(2) No vessels, other than a large passenger vessel of over 1600
gross tons, (including ferries), may anchor within the anchorage (1) This anchorage area is for the temporary use of vessels during:
without the express consent of the Captain of the Port, Southeast
Alaska. (1)(i) Adverse weather or tidal conditions;

225
(1)(ii) Vessel equipment failure; or (2) Nonanchorage area A. The waters extending 300 feet on
either side of a line bearing 059 from anchorage A to the
(1)(iii) Delays at Port Valdez; shoreline at latitude 2118'10.6" N., longitude 15806'47.1" W.
(Datum NAD 83)
(2) No vessel may anchor in this anchorage without notifying the
vessel traffic center in Valdez; and (3) Anchorage B. The waters enclosed by a line beginning at
latitude 2116'20.1" N., longitude 15804'59.1" W.; thence to
(3) Each vessel anchored shall notify the vessel traffic center in latitude 2115'52.5" N., longitude 15805'7" W.; thence to latitude
Valdez when it weighs anchor. 2115'59.7" N., longitude 15805'35.9" W.; thence to latitude
2116'27.4" N., longitude 15805'28" W.; thence to the point of
[CGD 77-144, 43 FR 21459, May 18, 1978] beginning. (Datum NAD 83)

110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, (4) Nonanchorage area B. The waters extending 300 feet on
Hawaii (Datum: NAD 83). either side of a line bearing 334.5 from anchorage B to the
(a) The anchorage grounds shoreline at latitude 2117'39.1" N., longitude 15806'03.2" W.
(Datum NAD 83)
(1) Anchorage A. The waters bounded by the arc of a circle with
a radius of 350 yards with the center located at: (5) Anchorage C. The waters enclosed by a line beginning at
latitude 2116'46.6" N., longitude 15804'29.1" W.; thence to
Latitude Longitude latitude 2116'46.6" N., longitude 15804'02.1" W.; thence to
2116'57" N 15753'12" W latitude 2116'32.6" N., longitude 15804'02.1" W.; thence to
latitude 2116'32.6" N., longitude 15804'29.1" W.; thence to the
(2) Anchorage B. The waters bounded by a line connecting the point of beginning. (Datum NAD 83)
following coordinates:
(6) Nonanchorage area C. The waters extending 300 feet on
Latitude Longitude either side of a line bearing 306 from anchorage C to the
2117'06" N 15754'40" W; to shoreline at latitude 2117'42.6" N., longitude 15805'57.9" W.
2117'22" N 15754'40" W; to (Datum NAD 83)
2117'22" N 15754'19" W; to
2117'06" N 15754'19" W; and thence to (7) Anchorage D. The waters enclosed by a line beginning at
2117'06" N 15754'40" W latitude 2117'48.6" N., longitude 15807'10.1" W.; thence to
latitude 2117'44.6" N., longitude 15807'06.1" W.; thence to
(3) Anchorage C. The waters bounded by the arc of a circle with latitude 2117'37.6" N., longitude 15807'14.1" W.; thence to
a radius of 450 yards with the center located at: latitude 2117'41.6" N., longitude 15807'18.1" W.; thence to the
point of beginning. (Datum NAD 83)
Latitude Longitude
2117'09" N 15754'55" W (b) The regulations.

(1) No vessels may anchor, moor, or navigate in anchorages A, B,


(4) Anchorage D. The waters bounded by the arc of a circle with C, or D except:
a radius of 450 yards with the center located at:
(1)(i) Vessels using the anchorages and their related pipelines for
Latitude Longitude loading or unloading;
2117'21" N 15755'20" W
(1)(ii) Commercial tugs, lighters, barges, launches, or other
(b) The regulations. vessels engaged in servicing the anchorage facilities or vessels
using them;
(1) Anchors must be placed inside the anchorage areas.
(1)(iii) Public vessels of the United States.
(2) The anchorages are general anchorages for commercial
vessels. Anchorage A should be used only if Anchorages B, C, (2) When vessels are conducting loading or unloading operations
and D are full. as indicated by the display of a red flag (international code flag B)
at the masthead, passing vessels of over 100 gross tons shall not
(3) No bunkering operations or vessel to vessel transfer of oil in approach within 1,000 yards at a speed in excess of 6 knots.
bulk of any kind is permitted within Anchorage A.
(3) The owner of any vessel wanting to use an anchorage ground
(4) Nothing in this section shall be construed as relieving the and use of the related pipeline facilities shall notify the Captain of
owner or person in charge of any vessel from complying with the the Port, Honolulu, Hawaii, and the Commanding Officer, U.S.
rules of navigation and with safe navigation practice. Naval Air Station, Barbers Point, Hawaii, at least 24 hours in
advance of desired occupancy of the anchorage ground by the
(c) Before entering into the anchorage grounds in this section you vessel. Such notification must include the maximum height above
must first obtain permission from the Captain of the Port Honolulu. the waterline of the uppermost portion of the vessel's mast and a
description of the masts' lighting including height of the highest
[CGD14-93-003, 59 FR 40820, Aug. 10, 1994, as amended by anchor light and any aircraft warning lights to be displayed by the
CGD14-03-001, 68 FR 20346, Apr. 25, 2003] vessel at night.

110.236 Pacific Ocean Off Barbers Point, Island Of Oahu, (4) When, in the opinion of the Captain of the Port, or his
Hawaii: Offshore Pipeline Terminal Anchorages. authorized representative, oil transfer operations within these
(a) The anchorage grounds anchorages could jeopardize the safety of vessels or facilities in
the area, or cause an undue risk of oil pollution, such oil transfer
(1) Anchorage A. The waters within an area described as follows: operations shall be immediately terminated until such time as the
A circle of 1,000 feet radius centered at latitude 2117'43.6" N., cognizant Coast Guard officer determines that the danger has
longitude 15807'36.1" W. (Datum NAD 83) subsided.

226
(5) Nonanchorage areas A, B, and C are established for the 1326'42.2"N 14439'24.2"E
protection of submerged pipelines. Except for vessels servicing 1326'40.4"N 14438'01.8"E
pipeline facilities, no anchoring, dragging, seining or other
potential pipeline fouling activities are permitted within these and thence to the point of beginning.
areas.
(5) Naval Anchorage B. The waters bounded by a line
(6) Nothing in this section shall be construed as relieving the connecting the following points:
owner or person in charge of any vessel from complying with the
rules of the road and safe navigation practice. Latitude Longitude
1326'43.7"N 14439'53.3"E
(7) The regulations of this section are enforced by the Captain of 1326'53.6"N 14440'03.8"E
the Port or his duly authorized representative. 1326'51.0"N 14440'06.0"E
1326'41.0"N 14439'56.0"E
[CGD 73-59R, 38 FR 16777, June 26, 1973, as amended by CGD
96-026, 61 FR 33663, June 28, 1996; USCG-2002-12471, 67 FR and thence along the shoreline to the point of beginning.
41332, June 18, 2002]
(b) The regulations
110.237 Pacific Ocean At Waimea, Hawaii, Naval Anchorage.
(a) The Anchorage grounds. All the waters within a circle having (1) General Anchorage. Any vessel may anchor in the General
a radius of 300 yards centered at latitude 2156'50.7" N., Anchorage except vessels carrying more than 25 tons of high
longitude 15941'22.9" W. (Datum NAD 83) explosives.
(b) The regulation. Except in an emergency, no vessel except a (2) Explosives Anchorage 701. Vessels carrying more than 25
Naval vessel may anchor or moor in this anchorage without tons of high explosives must use Anchorage 701, unless
permission of the Captain of the Port, Honolulu, Hawaii. otherwise directed by the Captain of the Port.

[CGD 74-187, 41 FR 54176, Dec. 13, 1976, as amended by CGD (3) Naval Explosives Anchorage 702. Except Naval vessels
96-026, 61 FR 33663, June 28, 1996; USCG-2002-12471, 67 FR using the anchorage as directed by local Naval authorities, no
41332, June 18, 2002] vessel may anchor so that any part of the hull or rigging, or the
anchor tackle may extend into Anchorage 702 at any time.
110.238 Apra Harbor, Guam.
(a) The anchorage grounds (Datum: WGS 84). (4) Naval Anchorages A and B.
(1) General Anchorage. The waters bounded by a line (i) Except as provided in paragraph (b)(3)(ii) of this section, non-
connecting the following points: naval vessels may not anchor within these anchorages or use the
mooring buoys therein without permission of the local Naval
Latitude Longitude authorities obtained through the Captain of the Port. (There is a
1327'32.0"N 14439'36.8"E user charge for the use of these mooring buoys.)
1327'21.0"N 14439'22.8"E
1327'12.5"N 14437'25.4"E (4)(ii) Small craft that are continuously manned and capable of
getting underway may anchor within these anchorages during
and thence along the shoreline to daylight hours without prior approval of the Captain of the Port.

Latitude Longitude (5) General regulations.


1327'45.5"N 14439'34.8"E
(i) Vessels may use the Naval mooring buoys in the General
and thence to the point of beginning. Anchorage without charge for a period up to 72 hours if
authorized by the Captain of the Port. Vessels so moored shall
(2) Explosives Anchorage 701. The water in Naval Anchorage A promptly move at their own expense upon notification from the
bounded by the arc of a circle with a radius of 350 yards and Captain of the Port.
located at:
(ii) Except for vessels not more than 65 feet in length, all vessels
Latitude Longitude shall anchor in an anchorage ground.
1326'54.0"N 14437'53.5"E
(iii) Vessels anchored in an anchorage ground shall place their
(3) Naval Explosives Anchorage 702. The waters in the General anchors within the anchorage ground so that no portion of the hull
Anchorage bounded by the arc of a circle with a radius of 350 or rigging at any time extends outside the anchorage ground.
yards and with the center located at:
(iv) No vessel may anchor in the harbor for more than 30
Latitude Longitude consecutive days without permission of the Captain of the Port.
1327'29.9"N 14438'13.0"E
[CDG14-87-02, 52 FR 25864, July 9, 1987, as amended by
(4) Naval Anchorage A. The waters bounded by a line CGD14-89-01, 55 FR 27465, July 3, 1990]
connecting the following points:
110.239 Island Of Tinian, CNMI.
(a) The anchorage grounds (based on 1944 Saipan Datum):
Latitude Longitude
1326'47.3"N 14437'42.6"E
(1) Explosives Anchorage A. A circular area intersecting the
1327'02.0"N 14437'42.6"E
shoreline having a radius of 1,900 yards centered at latitude
1327'10.6"N 14439'00.8"E
1458'57.0" N, longitude 14535'40.8" E.
1326'59.6"N 14439'00.8"E
1326'59.6"N 14439'08.6"E
(2) Explosives Anchorage B. A circular area intersecting the
1326'54.3"N 14439'08.6"E
shoreline having a radius of 1,900 yards centered at latitude
1326'54.3"N 14439'24.2"E
1458'15.9" N, longitude 14535'54.8" E.

227
(b) The regulations: Explosives Anchorages A and B; with the 79-119, 45 FR 32673, May 19, 1980; CGD 7-83-29, 49 FR 48540,
exception of explosives laden naval vessels at explosives Dec. 13, 1984; 50 FR 5580, Feb. 11, 1985]
anchorage A and B, no vessel may anchor within these areas
without permission of the Captain of the Port. No vessel of more 110.245 Vieques Passage And Vieques Sound, Near Vieques
than 500 gross tons displacement may enter these areas except Island, P.R.
for the purpose of anchoring in accordance with this section. (a) The anchorage grounds

[CGD 14-87-01, 52 FR 26146, July 13, 1987] (1) Vieques Passage explosives anchorage and ammunition
handling berth (Area 1). A circular area having a radius of 1,700
110.240 San Juan Harbor, P.R. yards with its center at latitude 180900 N., longitude 65
(a) The anchorage grounds 3240 W.
(1) Temporary Anchorage E (general). Beginning at a point (2) Vieques Sound explosives anchorage and ammunition
which bears 262 T, 878 yards from Isla Grande Aero Beacon; handling berth (Area 2). A circular area having a radius of 2,000
thence along a line 7547', 498 yards; thence along a line 13449',
yards with its center at latitude 181148, longitude 6526
440 yards; thence along a line 22449' to the northerly channel
limit of Graving Dock Channel, and thence to the point of 06.
beginning.
(3) Southern Vieques Passage explosives anchorage and
(2) Restricted Anchorage (F).Beginning at a point which bears ammunition handling berth (Area 3). A circular area having a
21230', 1,337.5 yards from Isla Grande Light; thence along a line radius of 2,000 yards with its center at latitude 180551,
26900', 550 yards; thence along a line 33000' to the westerly longitude 653614.
channel limit of Anegado Channel; and thence along the westerly
channel limit of Anegado Channel to the point of beginning. (b) The regulations.

(3) Temporary Anchorage (M). A triangular area bounded by a (1) No vessel or craft shall enter or remain in these anchorages
line starting at 18-28.0N, 066-07.5W then southeast to 18-27.92N, while occupied by vessels having on board explosives or other
066-07.21w, then south to 18-27.65N, 066-07.15W, then to the dangerous cargo. Explosives in quantities no greater than 1,625
starting point. short tons will be handled in any area at one time.

(4) Temporary Anchorage (C). is rectangular area near Catano (2) The regulations of this section shall be enforced by the
bounded by a line starting at 18-27N, 066-07W, then south to 18- Commander, Coast Guard Sector, San Juan, Puerto Rico, and
26.7N, 066-07W, then west to 18-26.7N, 066-07.55W, then north such agencies as he may designate.
to 18-27N, 066-07.55W, then east to the starting point.
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD
(b) The regulations. 77-067, 44 FR 50040, Aug. 27, 1979; USCG-2008-0179, 73 FR
35012, June 19, 2008]
(1) Vessels awaiting customs or quarantine shall use Temporary
Anchorage E. No vessel shall remain in this anchorage more than 110.250 St. Thomas Harbor, Charlotte Amalie, V.I.
24 hours without a permit from the U.S. Coast Guard Captain of (a) The anchorage grounds
the Port.
(1) Inner harbor anchorage. Beginning at a point bearing 85,
(2) Restricted Anchorage F shall serve both as an additional 525 yards from the outer end of a pier at latitude 182019,
general anchorage area in cases where the temporary anchorage longitude 645626 (approximate); thence 146, 800 yards;
is full, and as an explosives anchorage for vessels loading or
thence 70, 860 yards; thence 340, 500 yards; and thence to
unloading explosives in quantities no greater than forty (40) tons,
the point of beginning.
Commercial Class "A" Explosives, when so authorized by the
United States Coast Guard Captain of the Port. No vessel shall
(2) Outer harbor anchorage. Beginning at Scorpion Rock lighted
enter or anchor therein without first obtaining a permit from the
United States Coast Guard Captain of the Port. buoy No. 1 (latitude 181925.6, longitude 645541.8);
thence 180 , 1,580 yards; thence 264 30 , 2,490 yards;
(3)(i) Anchorage M is for Official Vessels and an Anchorage thence due north 1,255 yards; thence due east to the southerly tip
Permit from the Opsail 2000 organizers is required. of Sprat Point, Water Island; thence to Cowell Point, Hassel
Island; and thence to the point of beginning.
(3)(ii) No vessel other than OPSAIL 2000 vessels and
enforcement vessels may anchor, loiter, or approach any OPSAIL (3) East Gregerie Channel anchorage (general purpose).
vessel when it is navigating or at anchor in this area. Bounded on the northeast by Hassel Island; on the southeast by
the northwest boundary of the outer harbor anchorage; on the
(3)(iii) Mariners are cautioned that anchorage area M has not southwest by Water Island; and on the northwest by a line running
been subject to any special survey or inspection and that charts from Banana Point, Water Island, 55 to Hassel Island.
may not show all seabed obstructions or the shallowest depths.
Vessels must display anchor lights, as required by the navigation (4) Small-craft anchorage. All the waters north of a line passing
rules. through the outer end of a pier at latitude 18 20 19 ,
longitude 645626 (approximate) and ranging 85.
(4)(i) Anchorage C is a Spectator Anchorage and no permit is
required. (5) Deep-draft anchorage. A circular area having a radius of 400
yards with its center at latitude 181912.2, longitude 64
(4)(ii) Mariners are cautioned that anchorage area C has not been 5847.8.
subject to any special survey or inspection and that charts may
not show all seabed obstructions or the shallowest depths. (6) Long Bay anchorage. The waters of Long Bay bounded on
Vessels must display anchor lights, as required by the navigation the north by the southerly limit line of Anchorage E, on the west
rules. by the easterly limit line of Anchorage A to a point at latitude 18
2018, thence to latitude 182013, longitude 6455
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD

228
21 ; and thence to the shoreline at latitude 18 20 15 , (8) No vessel may anchor in any of the St. Thomas Harbor
longitude 645513. Anchorages without a permit from the Harbor Master.

(b) The regulations. (9) The Coast Guard Captain of the Port San Juan is hereby
empowered, whenever the maritime or commercial interests of
(1) The outer harbor anchorage shall be used by vessels the United States so require, to shift the position of any vessel
undergoing examination by quarantine, customs, immigration, and anchored within the Long Bay anchorage, and of any vessel
Coast Guard officers. Upon completion of these examinations, which is so moored or anchored as to impede or obstruct vessel
vessels shall move promptly to anchorage. This anchorage shall movement in the harbor, and to enforce all regulations of this
also be used by vessels having drafts too great to permit them to section should the need arise.
use the inner harbor anchorage. No vessel shall remain more
than 48 hours in this anchorage without a permit from the Harbor [CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by
Master. USCG-2008-0179, 73 FR 35012, June 19, 2008]

(2) The small-craft anchorage shall be used by small vessels 110.255 Ponce Harbor, P.R.
undergoing examination and also by small vessels anchoring (a) Small-craft anchorage. On the northwest of Ponce Municipal
under permit from the Harbor Master. Pier and northeast of Cayitos Reef, bounded as follows:
Beginning at latitude 1758'27", longitude 6637'29.5", bearing
(3) The requirements of the Navy shall predominate in the deep- approximately 325 true, 2,200 feet from the most southwest
draft anchorage. When occupied by naval vessels all other corner of Ponce Municipal Pier; thence 27330' true, 1,800 feet;
vessels and craft shall remain clear of the area. When the area is thence 15 true, 900 feet; thence 9330' true, 1,800 feet; thence
not required for naval vessels, the Harbor Master may upon 195 true, 900 feet to the point of beginning.
application made in advance assign other vessels to the area.
Vessels so assigned and occupying the area shall move promptly (b) The regulations.
upon notification by the Harbor Master.
(1) The Commonwealth Captain of the Port may authorize use of
(4) The harbor regulations for the Port of St. Thomas, V.I. of the this anchorage whenever he finds such use required in
United States and approaches thereto, including all waters under safeguarding the maritime or commercial interests.
its jurisdiction, as adopted by the Government of the Virgin
Islands, will apply to the Long Bay Anchorage. (2) No vessel shall anchor within the area until assigned a berth
by the Commonwealth Captain of the Port. Application for
(5) In addition, the Long Bay Anchorage is reserved for all types permission to occupy the anchorage must be submitted in
of small vessels, including sailing and motor pleasure craft, and advance by the master or authorized representative of the vessel.
such craft shall anchor in no other area except Anchorage E, in
the northern portion of the harbor of Charlotte Amalie. (3) Vessels occupying the anchorage will at all times keep within
the limits of the area, and shall move or shift their position
(6) Floats for marking anchors in place will be allowed in the Long promptly upon notification by the Commonwealth Captain of the
Bay anchorage; stakes or mooring piles are prohibited. Port.

(7) Vessels not more than 65 feet in length are not required to (4) The anchorage is reserved for all types of small craft, including
exhibit or carry anchor lights within the Long Bay anchorage, but schooners, fishing vessels, yachts and pleasure craft.
must display them if emergency requires anchoring in any other
part of the harbor. (5) Floats for marking anchors in place will be allowed; stakes or
mooring piles are prohibited.

229
Part 117-Drawbridge Operation Regulations
Table of Contents The following definitions apply to this part:

Appurtenance means an attachment or accessory extending


Subpart A-General Requirements beyond the hull or superstructure that is not an integral part of the
Sec. vessel and is not needed for a vessel's piloting, propelling,
117.1 Purpose. controlling, or collision avoidance capabilities.
117.4 Definitions.
117.5 When The Draw Shall Open. Automated drawbridge means a drawbridge that is operated by
117.7 General Duties Of Drawbridge Owners And Tenders. an automated mechanism, not a drawtender. An automated
117.8 Permanent ChangesTo Drawbridge Operation. drawbridge is normally kept in the open to navigation position and
117.9 Delaying Opening Of A Draw. closes when the mechanism is activated.
117.11 Unnecessary Opening Of The Draw.
117.15 Signals. Deviation means a District Commander's action authorizing a
117.17 Signaling For Contiguous Drawbridges. drawbridge owner to temporarily not comply with the drawbridge
117.19 Signaling When Two Or More Vessels Are Approaching opening requirements in this part.
A Drawbridge.
117.21 Signaling For An Opened Drawbridge. Drawbridge means a bridge with an operational span that is
117.23 Installation Of Radiotelephones. intended to be opened for the passage of waterway traffic.
117.24 Radiotelephone Installation Identification.
117.31 Operation Of Draw For Emergency Situations. Drawspan means the operational span of a drawbridge.
117.33 Closure Of Draw For Natural Disasters Or Civil
Disorders. Lowerable means a non-structural vessel appurtenance that is or
117.35 Operations During Repair Or Maintenance. can be made flexible, hinged, collapsible, or telescopic so that it
117.36 Closure Of Drawbridge For Emergency Repair. can be mechanically or manually lowered.
117.39 Closure Of Draw Due To Infrequent Use.
117.40 Advance Notice For Drawbridge Opening. Nonstructural means that the item is not rigidly fixed to the
117.41 Maintenance Of Draw In Fully Open Position. vessel and can be relocated or altered.
117.42 Remotely Operated And Automated Drawbridges.
117.47 Clearance Gages. Not essential to navigation means that a nonstructural vessel
117.49 Process Of Violations. appurtenance, when in the lowered position, would not adversely
affect the vessel's piloting, propulsion, control, or collision-
Subpart B-Specific Requirements avoidance capabilities.

117.51 Purpose. Public vessel means a vessel that is owned and operated by the
117.55 Posting Of Requirements. United States Government and is not engaged in commercial
117.59 Special Requirements Due To Hazards. service, as defined in 46 U.S.C. 2101.

Remotely operated drawbridge means a drawbridge that is


Authority:33 U.S.C. 499; 33 CFR 1.05-1; and Department of operated by remote control from a location away from the
Homeland Security Delegation No. 0170.1. drawbridge.

Source:CGD 82-025, 49 FR 17452, Apr. 24, 1984, unless Removable span bridge means a bridge that requires the
otherwise noted. complete removal of a span by means other than machinery
installed on the bridge to open the bridge to navigation.
Editorial Note:Nomenclature changes to part 117 appear at 63
FR 35529, June 30, 1998. Untended means that there is no drawtender at the drawbridge.
______________________________________________________________________
[USCG-2001-10881, 71 FR 70307, Dec. 4, 2006]
Subpart A-General Requirements
117.5 When the drawbridge must open.
117.1 Purpose. Except as otherwise authorized or required by this part,
(a) This part prescribes the general and special drawbridge drawbridges must open promptly and fully for the passage of
operating regulations that apply to the drawbridges across the vessels when a request or signal to open is given in accordance
navigable waters of the United States and its territories. The with this subpart.
authority to regulate drawbridges across the navigable waters of
the United States is vested in the Secretary of Homeland Security. [USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]

(b) Subpart A contains the general operation requirements that 117.7 General requirements of drawbridge owners.
apply to all drawbridges. Except for drawbridges that have been authorized, before
January 3, 2007, to remain closed to navigation or as otherwise
(c) Subpart B contains specific requirements for operation of specified in subpart B, drawbridge owners must:
individual drawbridges. These requirements are in addition to or
vary from the general requirements in Subpart A. Specific (a) Provide the necessary drawtender(s) for the safe and prompt
sections in subpart B that vary from a general requirement in opening of the drawbridge.
Subpart A supersede the general requirement. All other general
requirements in Subpart A, that are not at variance, apply to the (b) Maintain the working machinery of the drawbridge in good
drawbridges and removable span bridges listed in Subpart B. operating condition.

[USCG-2001-10881, 71 FR 70307, Dec. 4, 2006] (c) Cycle the drawspan(s) periodically to ensure operation of the
drawbridge.
117.4 Definitions.

230
(d) Ensure that the drawbridge operates in accordance with the (1) Sound signals shall be made by whistle, horn, megaphone,
requirements of this part. hailer, or other device capable of producing the described signals
loud enough to be heard by the drawtender.
(e) Any drawbridge allowed to remain closed to navigation prior to
January 3, 2007, when necessary, must be returned to operable (2) As used in this section, prolonged blast means a blast of four
condition within the designated time set forth by the District to six seconds duration and short blast means a blast of
Commander and will become subject to the requirements of this approximately one second duration.
part.
(3) The sound signal to request the opening of a draw is one
[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006] prolonged blast followed by one short blast sounded not more
than three seconds after the prolonged blast. For vessels required
117.8 Permanent changes to drawbridge operation. to be passed through a draw during a scheduled closure period,
(a) Anyone may submit a written request to the District the sound signal to request the opening of the draw during that
Commander for a permanent change to a drawbridge operating period is five short blasts sounded in rapid succession.
requirement. The request must include documentation supporting
or justifying the requested change. (4) When the draw can be opened immediately, the sound signal
to acknowledge a request to open the draw is one prolonged blast
(b) If after evaluating the request, the District Commander followed by one short blast sounded not more than 30 seconds
determines that the requested change is not needed, he or she after the requesting signal.
will respond to the request in writing and provide the reasons for
denial of the requested change. (5) When the draw cannot be opened immediately, or is open and
shall be closed promptly, the sound signal to acknowledge a
(c) If the District Commander decides that a change may be request to open the draw is five short blasts sounded in rapid
needed, he or she will begin a rulemaking to implement the succession not more than 30 seconds after the vessel's opening
change. signal. The signal shall be repeated until acknowledged in some
manner by the requesting vessel.
[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006]
(c) Visual signals.
117.9 Delaying Opening Of A Draw.
No person shall unreasonably delay the opening of a draw after (1) The visual signal to request the opening of a draw is
the signals required by 117.15 have been given.
(i) A white flag raised and lowered vertically; or
Note:Trains are usually controlled by the block method. That is,
the track is divided into blocks or segments of a mile or more in (ii) A white, amber, or green light raised and lowered vertically.
length. When a train is in a block with a drawbridge, the draw may
not be able to open until the train has passed out of the block and (2) When the draw can be opened immediately, the visual signal
the yardmaster or other manager has unlocked the drawbridge to acknowledge a request to open the draw, given not more than
controls. The maximum time permitted for delay is defined in 30 seconds after the vessel's opening signal, is
Subpart B for each affected bridge. Land and water traffic should
pass over or through the draw as soon as possible in order to (i) A white flag raised and lowered vertically;
prevent unnecessary delays in the opening and closure of the
draw. (ii) A white, amber, or green light raised and lowered vertically; or

117.11 Unnecessary Opening Of The Draw. (iii) A fixed or flashing white, amber, or green light or lights.
No vessel owner or operator shall-
(3) When the draw cannot be opened immediately, or is open and
(a) Signal a drawbridge to open if the vertical clearance is must be closed promptly, the visual signal to acknowledge a
sufficient to allow the vessel, after all lowerable nonstructural request to open the draw is
vessel appurtenances that are not essential to navigation have
been lowered, to safely pass under the drawbridge in the closed (i) A red flag or red light swung back and forth horizontally in full
position; or sight of the vessel given not more than 30 seconds after the
vessel's opening signal; or
(b) Signal a drawbridge to open for any purpose other than to
pass through the drawbridge opening. (ii) A fixed or flashing red light or lights given not more than 30
seconds after the vessel's opening signal.
[CGD 91-059, 59 FR 16563, Apr. 7, 1994]
(4) The acknowledging signal when the draw cannot open
117.15 Signals. immediately or is open and must be closed promptly shall be
(a) General. repeated until acknowledged in some manner by the requesting
vessel.
(1) The operator of each vessel requesting a drawbridge to open
shall signal the drawtender and the drawtender shall acknowledge (d) Radio telephone communications.
that signal. The signal shall be repeated until acknowledged in
some manner by the drawtender before proceeding. (1) Radiotelephones may be used to communicate the same
information provided by sound and visual signals.
(2) The signals used to request the opening of the draw and to
acknowledge that request shall be sound signals, visual signals, (2) The vessel and the drawtender shall monitor the frequency
or radiotelephone communications described in this subpart. used until the vessel has cleared the draw.

(3) Any of the means of signaling described in this subpart (3) When radiotelephone contact cannot be initiated or maintained,
sufficient to alert the party being signaled may be used. sound or visual signals under this section shall be used.

(b) Sound signals. [CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD
82-025, 50 FR 11366, Mar. 21, 1985; CGD 84-022, 51 FR 16308,

231
May 2, 1986; CGD 96-026, 61 FR 33664, June 28, 1996; USCG- [CGD 84-022, 51 FR 16308, May 2, 1986]
2001-10881, 71 FR 70308, Dec. 4, 2006]
117.31 Drawbridge operations for emergency vehicles and
117.17 Signaling For Contiguous Drawbridges. emergency vessels.
When a vessel must past two or more drawbridges close together, (a) Upon receiving notification that an emergency vehicle is
the opening signal is given for the first bridge. After responding to an emergency situation, a drawtender must make
acknowledgment from the first bridge that it will promptly open, all reasonable efforts to have the drawspan closed at the time the
the opening signal is given for the second bridge, and so on until emergency vehicle arrives.
all bridges that the vessel must pass have been given the opening
signal and have acknowledged that they will open promptly. (b) When a drawtender receives notice, or a proper signal as
provided in 117.15 of this part, the drawtender shall take all
117.19 Signaling When Two Or More Vessels Are reasonable measures to have the draw opened, regardless of the
Approaching A Drawbridge. operating schedule of the draw, for passage of the following,
When two or more vessels are approaching the same drawbridge provided this opening does not conflict with local emergency
at the same time, or nearly the same, time, whether from the management procedures which have been approved by the
same or opposite directions, each vessel shall signal cognizant Coast Guard Captain of the Port:
independently for the opening of the draw and the drawtender
shall reply in turn to the signal of each vessel. The drawtender (1) Federal, State, and local government vessels used for public
need not reply to signals by vessels accumulated at the bridge for safety;
passage during a scheduled open period.
(2) Vessels in distress where a delay would endanger life or
117.21 Signaling For An Opened Drawbridge. property;
When a vessel approaches a drawbridge with the draw in the
open position, the vessel shall give the opening signal. If no (3) Commercial vessels engaged in rescue or emergency salvage
acknowledgment is received within 30 seconds, the vessel may operations; and
proceed, with caution, through the open draw.
(4) Vessels seeking shelter from severe weather.
117.23 Installation Of Radiotelephones.
(a) When the District Commander deems it necessary for reasons [CGD 91-016, 58 FR 20, Jan. 4, 1993, as amended at 71 FR
of safety of navigation, the District Commander may require the 70308, Dec. 4, 2006]
installation and operation or a radiotelephone on or near a
drawbridge. 117.33 Closure Of Draw For Natural Disasters Or Civil
Disorders.
(b) The District Commander gives written notice of the proposed Drawbridges need not open for the passage of vessels during
requirement to the bridge owner. periods of natural disasters or civil disorders declared by the
appropriate authorities unless otherwise provided for in Subpart B
(c) All comments the owner wishes to submit shall be submitted to or directed to do so by the District Commander.
the District Commander within 30 days of receipt of the notice
under paragraph (b) of this section. 117.35 Temporary change to a drawbridge operating
schedule.
(d) If, upon consideration of the comments received, the District (a) For any temporary change to the operating schedule of a
Commander determines that a radiotelephone is necessary, the drawbridge, lasting less than or equal to 180 days, the District
District Commander notifies the bridge owner that a Commander may issue a deviation approval letter to the bridge
radiotelephone shall be installed and gives a reasonable time, not owner and publish a Notice of temporary deviation from
to exceed six months, to install the radiotelephone and regulations in the Federal Register.
commence operation.
(b) If the time period for a temporary change to the operating
117.24 Radiotelephone Installation Identification. schedule of a drawbridge will be greater then 180 days, the
(a) The Coast Guard authorizes, and the District Commander may District Commander will follow appropriate rulemaking procedures
require the installation of a sign on drawbridges, on the upstream and publish a temporary rule in the Federal Register prior to the
and downstream sides, indicating that the bridge is equipped with start of the action.
and operates a VHF radiotelephone in accordance with 117.23.
(c) Request for change.
(b) The sign shall give notice of the radiotelephone and its calling
and working channels- (1) To temporarily change the drawbridge-operating requirements
the bridge owner must submit a written request to the District
(1) In plain language; or Commander for approval of the change.

(2) By a sign consisting of the outline of a telephone handset with (2) The request must describe the reason for the deviation and
the long axis placed horizontally and a vertical three-legged the dates and times scheduled for the start and end of the change.
lightning slash superimposed over the handset. The slash shall be
as long vertically as the handset is wide horizontally and normally (3) Requests should be submitted as early as possible, preferably
not less than 27 inches and no more than 36 inches long. The 90 days before the start of the action. District Commanders have
preferred calling channel should be shown in the lower left discretion to accept requests submitted less than 90 days before
quadrant and the preferred working channel should be shown in a needed change if those requests can be processed before the
the lower right quadrant. date of the needed change.

NOTE: It is recommended that the radiotelephone sign be similar (d) Determination. The District Commander's determination to
in design to the Service Signs established by the Federal allow the schedule change is normally forwarded to the bridge
Highway Administration (FHWA) in U.S. Road Symbol Signs owner within ten working days after receipt of the request. If the
using Reflective Blue and Reflective White colors. Color and request is denied, the reasons for the denial will be set out in the
design information is available from the District Commander of the District Commander's decision letter.
Coast Guard District in which the bridge is located.

232
(e) The drawbridge must return to its regular operating schedule (b) If the request is approved, a description of the advanced
immediately at the end of the designated time period. notice for the drawbridge will be added to subpart B of this part.

(f) If the authorized deviation period for an event is broken into [USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]
separate time periods on the same day or on consecutive days,
the drawbridge must provide openings for navigation between 117.41 Maintaining drawbridges in the fully open position.
authorized schedule changes. (a) Drawbridges permanently maintained in the fully open to
navigation position may discontinue drawtender service as long
(g) The District Commander will also announce the change to the as the drawbridge remains fully open to navigation. The
operating schedule in the Local Notice to Mariners and other drawbridge must remain in the fully open position until drawtender
appropriate local media. service is restored.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006, as amended by (b) If a drawbridge is normally maintained in the fully open to
USCG-2013-0397, 78 FR 39174, July 1, 2013; USCG-2014-0410, navigation position, but closes to navigation for the passage of
79 FR 38433, July 7, 2014] pedestrian, vehicular, rail, or other traffic, the drawbridge must be
tended unless:
117.36 Closure of drawbridge for emergency repair.
(a) When a drawbridge unexpectedly becomes inoperable, or (1) Special operating requirements are established in subpart B of
should be immediately rendered inoperable because of this part for that drawbridge; or
mechanical failure or structural defect, the drawbridge owner must
notify the District Commander of the closure without delay and (2) The drawbridge is remotely operated or automated.
give the reason for the emergency closure of the drawbridge and
an estimated time when the drawbridge will be returned to [USCG-2001-10881, 71 FR 70309, Dec. 4, 2006].
operating condition.
117.42 Remotely operated and automated drawbridges.
(b) The District Commander will notify mariners about the (a) Upon written request by the owner of a drawbridge, the District
drawbridge status through Broadcast Notices to Mariners, Local Commander may authorize a drawbridge to operate under an
Notice to Mariners and any other appropriate local media. automated system or from a remote location.

(c) Repair work under this section must be performed with all due (b) If the request is approved, a description of the full operation of
speed in order to return the drawbridge to operation as soon as the remotely operated or automated drawbridge will be added to
possible. subpart B of this part.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006] [USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]

117.39 Authorized closure of drawbridge due to infrequent 117.47 Clearance Gauges.


requests for openings. (a) Clearance gauges are required for drawbridges across
(a) When there have been no requests for drawbridge openings navigable waters of the United States discharging into the Atlantic
for at least two years, a bridge owner may request in writing that Ocean south of Delaware Bay (including the Lewes and Rehoboth
the District Commander authorize the drawbridge to remain Canal, DE) or into the Gulf of Mexico (including coastal
closed to navigation and to be untended. waterways contiguous thereto and tributaries to such waterways
and the Lower Atchafalaya River, LA), except the Mississippi
(b) The District Commander may: River and its tributaries and outlets,

(1) Authorize the closure of the drawbridge; (b) Except for provisions in this part which specify otherwise for
particular drawbridges, clearance gauges shall be designed,
(2) Set out any conditions in addition to the requirement in installed, and maintained according to the provisions of 118.160
paragraph (d): and of this chapter.

(3) Revoke an authorization and order the drawbridge returned to NOTE: Clearance gauge requirements, if any, for drawbridges
operation when necessary. other than those referred to in this section are listed in Subpart B
under the appropriate bridge.
(c) All drawbridges authorized to remain closed to navigation,
under this section, must be maintained in operable condition. [CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD
84-022, 51 FR 16308, May 2, 1986; CGD 96-026, 61 FR 33664,
(d) Authorization under this section does not: June 28, 1996]

(1) Authorize physical changes to the drawbridge structure, or 117.49 Process Of Violations.
(a) Complaints of alleged violations under this part are submitted
(2) Authorize removal of the operating machinery. to the District Commander of the Coast Guard District in which the
drawbridge is located.
(e) Drawbridges authorized under this section to remain closed to
navigation and to be untended are identified in subpart B of this (b) Penalties for violations under this part are assessed and
part. collected under Subpart 1.07 of Part 1 of this chapter.

[USCG-2001-10881, 71 FR 70308, Dec. 4, 2006] Subpart B-Specific Requirements


117.40 Advance notice for drawbridge opening. 117.51 General.
(a) Upon written request by the owner of a drawbridge, the District The drawbridges in this subpart are listed by the state in which
Commander may authorize a drawbridge to operate under an they are located and by the waterway they cross. Waterways are
advance notice for opening. The drawbridge tender, after arranged alphabetically by state. The drawbridges listed under a
receiving the advance notice, must open the drawbridge at the waterway are generally arranged in order from the mouth of the
requested time and allow for a reasonable delay in arrival of the waterway moving upstream. The drawbridges on the Atlantic
vessel giving the advance notice. Intracoastal Waterway are listed from north to south and on the

233
Gulf Intracoastal Waterway from east to west. (c) If advance notice is required to open the draw, the signs shall
also state the name, address, and telephone number of the
[USCG-2001-10881, 71 FR 70309, Dec. 4, 2006] person to be notified.

117.55 Posting of requirements. [CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by
(a) The owner of each drawbridge under this subpart, other than USCG-2001-10881, 71 FR 70309, Dec. 4, 2006]
removable span bridges, must ensure that a sign summarizing the
requirements in this subpart applicable to the drawbridge is 117.59 Special Requirements Due To Hazards.
posted both upstream and downstream of the drawbridge. The For the duration of occurrences hazardous to safety or navigation,
requirements to be posted need not include those in Subpart A or such as floods, freshets, and damage to the bridge or fender
117.51 through 117.59 of this part. system, the District Commander may require the owner of an
operational drawbridge listed in this subpart to have the bridge
(b) The signs shall be of sufficient size and so located as to be attended full time and open on signal.
easily read at any time from an approaching vessel.

234
Part 120-Security Of Passenger Vessels
Table of Contents though possible, not likely.

Subpart A-General Security Level II means the degree of security precautions to


take when the threat of an unlawful act against a vessel or
Sec. terminal is possible and intelligence indicates that terrorists are
120.100 Does This Part Apply To Me? likely to be active within a specific area, or against a type of
120.110 Definitions. vessel or terminal.
120.120 Incorporation By Reference.
Security Level III means the degree of security precautions to
Subpart B-Security Program take when the threat of an unlawful act against a vessel or
terminal is probable or imminent and intelligence indicates that
120.200 What Must My Vessel Security Program Cover? terrorists have chosen specific targets.
120.210 What Are The Responsibilities Of My Vessel Security
Officer? Unlawful act means an act that is a felony under U.S. federal law,
120.220 What Must I Do To Report An Unlawful Act And Related under the laws of the States where the vessel is located, or under
Activity? the laws of the country in which the vessel is registered.
Subpart C-Plans And Procedures For Vessel Voyage means the passenger vessel's entire course of travel,
Security. from the first port at which the vessel embarks passengers until its
return to that port or another port where the majority of the
120.300 What Is Required To Be In A Vessel SecurityPlan? passengers are disembarked and terminate their voyage.
120.303 Who Must Submit A Terminal Security Plan?
120.305 What Is The Procedure For Examination? We means the United States Coast Guard.
120.307 What Do I Do If I Need To Amend My Vessel Security
Plan? You, unless otherwise specified, means the owner, operator, or
120.309 What Is My Right Of Appeal? charterer of a passenger vessel.

Authority: 33 U.S.C. 1231; Department of Homeland Security [CGD 91-012, 61 FR 37652, July 18, 1996, as amended by
Delegation No. 0170. CGD91-012, 63 FR 53590, Oct. 6, 1998; USCG-2001-9044, 68
FR 42602, July 18, 2003]

Subpart A-General 120.120 Incorporation By Reference.


(a) Certain material is incorporated by reference into this part with
120.100 Does This Part Apply To Me? the approval of the Director of the Federal Register in accordance
This part applies to all passenger vessels over 100 gross tons, with 5 U.S.C. 552(a) and 1 CFR Part 51. To enforce any edition
carrying more than 12 passengers for hire; making voyages other than that specified in paragraph (b) of this section, the
lasting more than 24 hours, any part of which is on the high seas; Coast Guard must publish notice of change in the Federal
and for which passengers are embarked or disembarked in the Register and must make the material available to the public. All
United States or its territories. It does not apply to ferries that hold approved material may be inspected at the Coast Guard
Coast Guard Certificates of Inspection endorsed for "Lakes, Bays, Headquarters. Contact Commandant (CG-ENG), Attn: Office of
and Sounds", and that transit international waters for only short Design and Engineering Standards, U.S. Coast Guard Stop 7509,
periods of time, on frequent schedules. 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
7509. Copies may be obtained from IMO, 4 Albert Embankment,
120.110 Definitions. London SE1 7SR, or at the National Archives and Records
As used in this part: Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
Captain of the Port (COTP) means the Coast Guard officer http://www.archives.gov/federal_register/code_of_federal_regulati
designated by the Commandant to command a Captain of the ons/ibr_locations.html.
Port Zone as described in Part 3 of this chapter, or an authorized
representative. (b) The materials approved for incorporation by reference in this
part and the sections affected are:
Commandant means the Commandant of the U.S. Coast Guard,
or an authorized representative. International Maritime Organization (IMO)

High seas means the waters defined in 2.32(d) of this chapter. 4 Albert Embankment, London SE1 7SR MSC Circular 443,
Measures to Prevent Unlawful Acts Against Passengers and
Operator means the person, company, or governmental agency, Crews on Board Ships September 26, 1986120.220, 120.300
or the representative of a company or governmental agency, that
maintains operational control over a passenger vessel or [CGD 91-012, 61 FR 37652, July 18, 1996, as amended at 69 FR
passenger terminal. 18803, Apr. 9, 2004; USCG-2010-0351, 75 FR 36283, June 25,
2010; USCG-2014-0410, 79 FR 38433, July 7, 2014]
Passenger terminal means any structure used for the
assembling, processing, embarking, or disembarking of Subpart B-Security Program
passengers or baggage for vessels subject to this part. It includes
piers, wharves, and similar structures to which a vessel may be 120.200 What Must My Vessel Security Program Cover?
secured; land and water under or in immediate proximity to these (a) If this part applies to your passenger vessel, you must
structures; buildings on or contiguous to these structures; and implement a program for that vessel that-
equipment and materials on or in these structures.
(1) Provides for the safety and security of persons and property
Security Level I means the degree of security precautions to take traveling aboard the vessel, against unlawful acts;
when the threat of an unlawful act against a vessel or terminal is,

235
(2) Prevents or deters the carriage aboard the vessel of any must report each such incident that occurs in a place outside the
prohibited weapon, incendiary, or explosive, on or about any jurisdiction of the United States to the hotline of the Response
person or within his or her personal articles or baggage, and the Center of the Department of Homeland Security at 1-800-424-
carriage of any prohibited weapon, incendiary, or explosive, in 0201, or, from within metropolitan Washington, D.C., at 202-372-
stowed baggage, cargo, or stores; 2428; Fax: 202-372-2920.

(3) Prevents or deters unauthorized access to the vessel and to (b) Either you or the vessel security officer must file a written
restricted areas aboard the vessel; report of the incident, using the form Report on an Unlawful Act,
contained in IMO MSC Circular 443, which you or the officer must
(4) Provides appropriate security measures for Security Levels I, forward as soon as possible to Commandant (CG-MER), Attn:
II, and III that allow for increases in security when the Office of Environmental Response Policy, U.S. Coast Guard Stop
Commandant or Captain of the Port (COTP) advises you that a 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC
threat of an unlawful act exists and may affect the vessel or any 20593-7516. You may initially file the report with Commandant
person aboard it; (CG-MER) by fax at (202) 267-4085 or -4065.

(5) Designates, by name, a security officer for the vessel; [CGD91-012, 63 FR 53590, Oct. 6, 1998, as amended by USCG-
2003-14505, 68 FR 9535, Feb. 28, 2003; USCG-2006-25150, 71
(6) Ensures that all members of the crew are adequately trained FR 39208, July 12, 2006; USCG-2010-0351, 75 FR 36283, June
to perform their duties relative to security; and 25, 2010; USCG-2014-0410, 79 FR 38433, July 7, 2014]

(7) Provides for coordination with terminal security while in port. Subpart C-Plans And Procedures For Vessel
Security.
(b) If this part applies to your passenger vessel, you must work
with the operator of each terminal at which that vessel embarks or 120.300 What Is Required To Be In A Vessel Security Plan?
disembarks passengers, to provide security for the passengers (a) If your passenger vessel is subject to this part, you must
and the vessel. You need not duplicate any provisions fulfilled by develop and maintain, in writing, for that vessel, an appropriate
the terminal unless directed to by the Commandant. When a Vessel Security Plan that
provision is fulfilled by the terminal, the applicable section of the
Vessel Security Plan required by 120.300 must refer to that fact. (1) Is unique to the vessel;

[CGD91-012, 63 FR 53590, Oct. 6, 1998] (2) Articulates the program required by 120.200; and

120.210 What Are The Responsibilities Of My Vessel (3) Includes an appendix, for each port where the vessel embarks
Security Officer? or disembarks passengers, that contains port-specific security
(a) If this part applies to your passenger vessel, you must information.
designate a security officer for your vessel.
(b) The Vessel Security Plan must be developed and maintained
(b) This officer must ensure that under the guidance in IMO MSC Circular 443, and must establish
security measures to take for Security Levels I, II, and III, to
(1) An initial comprehensive security survey is conducted and
updated; (1) Deter unauthorized access to the vessel and its restricted
areas;
(2) The Vessel Security Plan required by 120.300 is
implemented and maintained, and amendments to correct its (2) Deter the introduction of prohibited weapons, incendiaries, or
deficiencies and satisfy the security requirements for the vessel explosives aboard the vessel;
are proposed;
(3) Encourage vigilance, as well as general awareness of security,
(3) Adequate training for members of the crew responsible for aboard the vessel;
security is provided;
(4) Provide adequate training to members of the crew for security
(4) Regular security inspections of the vessel are conducted; aboard the vessel;

(5) Vigilance is encouraged, as well as is general awareness of (5) Coordinate responsibilities for security with the operator of
security, aboard the vessel; each terminal where the vessel embarks or disembarks
passengers; and
(6) All occurrences or suspected occurrences of unlawful acts and
related activities are reported under 120.220; and (6) Provide information to members of the crew and to law-
enforcement personnel, in case of an incident affecting security.
(7) Coordination, for implementation of the Vessel Security Plan
required by 120.300, takes place with the terminal security (c) You must amend the Vessel Security Plan to address any
officer at each terminal where the vessel embarks or disembarks known deficiencies.
passengers.
(d) You must restrict the distribution, disclosure, and availability of
[CGD91-012, 63 FR 53590, Oct. 6, 1998] information contained in the Vessel Security Plan to those
persons with an operational need to know.
120.220 What must I do to report an unlawful act and
related activity? [CGD91-012, 63 FR 53590, Oct. 6, 1998]
(a) Either you or the vessel security officer must report each
breach of security, unlawful act, or threat of an unlawful act 120.303 Who Must Submit A Terminal Security Plan?
against any of your passenger vessels to which this part applies, (a) You must submit a Terminal Security Plan whenever-
or against any person aboard it, that occurs in a place subject to
the jurisdiction of the United States. You must report the incident (1) There is an agreement with the owner or operator of a terminal
to both the COTP and to the local office of the Federal Bureau of that you will submit the Plan;
Investigation (FBI). Also, if your vessel is a U.S.-flag vessel, you

236
(2) You have exclusive use of the pier and terminal building Security Plan that we have examined or a letter from the
immediately adjacent to the pier and have complete control of that Commanding Officer, Marine Safety Center, stating that we are
area; currently reviewing the Plan and that normal operations may
continue until we have determined whether the Plan meets the
(3) There is no terminal; or requirements of 120.300.

(4) Passengers embark or disembark but no baggage or stores [CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended by USCG-
are loaded or offloaded. 2001-9286, 66 FR 33641, June 25, 2001; USCG-2007-26953, 72
FR 5931, Feb. 8, 2007; USCG-2010-0351, 75 FR 36283, June 25,
(b) In the situations described in paragraphs (a)(3) and (4) of this 2010; USCG-2014-0410, 79 FR 38434, July 7, 2014]
section, you may, with the permission of the cognizant COTP, use
an annex to the vessel's security plan instead of a Terminal 120.307 What Do I Do If I Need To Amend My Vessel
Security Plan. Security Plan?
(a) If your passenger vessel is subject to this part, you must
(c) The owner or operator of a terminal must submit a Terminal amend your Vessel Security Plan when directed by the
Security Plan whenever- Commanding Officer, Marine Safety Center and may amend it on
your own initiative.
(1) There is an agreement with you that the owner or operator of
the terminal will submit the Plan; (b) You must submit each proposed amendment to the Vessel
Security Plan you initiate, including changes to any appendix
(2) No security agreement exists; or required by 120.300(a)(3), to the Commanding Officer, Marine
Safety Center for review, at least 30 days before the amendment
(3)(i) At least one vessel other than a passenger vessel uses the is to take effect, unless he or she allows a shorter period. He or
terminal; she will examine the amendment and respond according to
120.305.
(3)(ii) More than one passenger vessel line uses the terminal; or
(c) The Commanding Officer, Marine Safety Center may direct
(3)(iii) The terminal loads or offloads baggage or stores. you to amend your Vessel Security Plan if he or she determines
that implementation of the Plan is not providing effective security.
[CGD91-012, 63 FR 53591, Oct. 6, 1998] Except in an emergency, he or she will issue you a written notice
of matters to address and will allow you at least 60 days to submit
120.305 What Is The Procedure For Examination? proposed amendments.
(a) You must submit two copies of each Vessel Security Plan
required by 120.300, or of any Terminal Security Plan or annex (d) If there is an emergency or other circumstance where the
required or permitted under 120.303 or 128.305 of this chapter, COTP determines that implementation of the Plan is not providing
to the Commanding Officer, Marine Safety Center, U.S. Coast effective security, and the procedures in paragraph (c) of this
Guard, 4200 Wilson Boulevard Suite 400, Arlington, VA 22203 for section are impracticable, the COTP may give you an order to
visitors. Send all mail to Commanding Officer (MSC), Attn: Marine implement increases in security immediately. The order will
Safety Center, U.S. Coast Guard Stop 7410, 4200 Wilson incorporate a statement of the reasons for it.
Boulevard Suite 400, Arlington, VA 20598-7410, for examination
at least 60 days before embarking passengers on a voyage [CGD91-012, 63 FR 53591, Oct. 6, 1998; 66 FR 33637, June 25,
described in 120.100. 2001]

(b) If the Commanding Officer, Marine Safety Center, finds that 120.309 What Is My Right Of Appeal?
the Vessel Security Plan meets the requirements of 120.300, he Any person directly affected by a decision or action taken by the
or she will return a copy to you marked Examined by the Coast Commanding Officer, Marine Safety Center, under this part, may
Guard. appeal that action or decision to the Assistant Commandant for
Prevention Policy (CG-5P) according to the procedures in 46 CFR
(c) If the Commanding Officer, Marine Safety Center, finds that 1.03-15.
the Vessel Security Plan does not meet the requirements of
120.300, he or she will return the Plan with an explanation of [CGD91-012, 63 FR 53591, Oct. 6, 1998, as amended by USCG-
why it does not meet them. 2001-9286, 66 FR 33641, June 25, 2001; USCG-2002-12471, 67
FR 41332, June 18, 2002; USCG-2014-0410, 79 FR 38434, July
(d) No vessel subject to this part may embark or disembark 7, 2014]
passengers in the United States, unless it holds either a Vessel

237
Navigation And Navigable Waters
33 CFR 125 To 199
Part 127-Waterfront Facilities Handling Liquefied Natural
Gas And Liquefied Hazardous Gas
Table of Contents Firefighting
127.601 Fire Equipment: General.
Subpart A-General 127.603 Portable Fire Extinguishers.
Sec. 127.605 Emergency Outfits.
127.001 Applicability. 127.607 Fire Main Systems.
127.003 Incorporation By Reference. 127.609 Dry Chemical Systems.
127.005 Definitions. 127.611 International Shore Connection.
127.007 Letter Of Intent. 127.613 Smoking.
127.009 Letter Of Recommendation. 127.615 Fires.
127.011 Inspections Of Waterfront Facilities. 127.617 Hotwork.
127.013 Suspension Of Transfer Operations.
127.015 Appeals. Security
127.017 Alternatives.
127.701 Security On Existing Facilities.
127.019 Operations Manual And Emergency Manual: Proce-
127.703 Access To The Marine Transfer Area For LNG.
dures For Examination.
127.705 Security Systems.
127.707 Security Personnel.
Subpart B-Waterfront Facilities Handling 127.709 Protective Enclosures.
Liquefied Natural Gas 127.711 Communications.
127.101 Design And Construction: General.
127.103 Piers And Wharves.
Subpart C-Waterfront Facilities Handling
127.105 Layout And Spacing Of Marine Transfer Area For LNG. Liquefied Hazardous Gas
127.107 Electrical Power Systems.
127.109 Lighting Systems. Design And Construction
127.010 Reconsideration of the Letter of Recommendation
127.1101 Piping Systems.
127.111 Communications Systems.
127.1102 Transfer Hoses And Loading Arms.
127.113 Warning Signs.
127.1103 Piers And Wharves.
127.1105 Layout And Spacing Of Marine Transfer Area For LHG.
Equipment 127.1107 Electrical Systems.
127.201 Sensing And Alarm Systems. 127.1109 Lighting Systems.
127.203 Portable Gas Detectors. 127.1111 Communication Systems.
127.205 Emergency Shutdown. 127.1113 Warning Signs.
127.207 Warning Alarms.
Equipment
Operations 127.1203 Gas Detection.
127.301 Persons In Charge Of Shoreside Transfer Operations: 127.1205 Emergency Shutdown.
Qualifications And Certification. 127.1207 Warning Alarms.
127.303 Compliance With Suspension Order. 127.1209 Respiratory Protection.
127.305 Operations Manual.
127.307 Emergency Manual. Operations
127.309 Operations Manual And Emergency Manual: Use.
127.1301 Persons In Charge Of Transfers For The Facility:
127.311 Motor Vehicles.
Qualifications And Certification.
127.313 Bulk Storage.
127.1302 Training.
127.315 Preliminary Transfer Inspection.
127.1303 Compliance With Suspension Order.
127.317 Declaration Of Inspection.
127.1305 Operations Manual.
127.319 LNG Transfer.
127.1307 Emergency Manual.
127.321 Release Of LNG.
127.1309 Operations Manual And Emergency Manual: Use.
127.1311 Motor Vehicles.
Maintenance 127.1313 Storage Of Hazardous Materials.
127.401 Maintenance: General. 127.1315 Preliminary Transfer Inspection.
127.403 Inspections. 127.1317 Declaration Of Inspection.
127.405 Repairs. 127.1319 Transfer Of LHG.
127.407 Testing. 127.1321 Release Of LHG.
127.409 Records. 127.1325 Access To Marine Transfer Area For LHG.

Personnel Training Maintenance


127.501 Applicability. 127.1401 General.
127.503 Training: General. 127.1403 Inspections.
127.1405 Repairs.

238
127.1407 Tests. ANSI B16.5, Pipe Flanges and Flanged Fittings 1988, including
127.1409 Records. 1992 Addenda and Errata 127.1102

Firefighting Equipment ANSI S12.13, Part I, Performance Requirements, Combustible


Gas Detectors, 1986 127.1203
127.1501 General.
127.1503 Portable Fire Extinguishers. American Petroleum Institute (API)
127.1505 Emergency Response And Rescue.
127.1507 Water Systems For Fire Protection. 1220 L Street NW., Washington, DC 20005:
127.1509 Equipment For Controlling And Extinguishing Fires.
127.1511 International Shore Connection. API RP 2003, Protection Against Ignitions Arising Out of Static,
Lightning and Stray Currents, 1991 127.1101
Fire Protection
American Society of Mechanical Engineers (ASME)
127.1601 Smoking.
127.1603 Hotwork.
Three Park Avenue, New York, NY 10016-5990:
127.1605 Other Sources Of Ignition.
ASME B31.3, Chemical Plant and Petroleum Refinery Piping,
Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701; Department
1993 127.1101
of Homeland Security Delegation No. 0170.1.
ASTM International
Source: CGD 78-038, 53 FR 3376, Feb. 7, 1988, unless
otherwise noted.
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA
19428-2959, 877-909-2786, http://www.astm.org
.
Subpart A-General ASTM F1121-87 (Reapproved 2010), Standard Specification for
International Shore Connections for Marine Fire Applications,
127.001 Applicability.
(approved March 1, 2010) 127.611; 127.1511
(a) Subparts A and B of this part apply to the marine transfer area
for LNG of each new waterfront facility handling LNG and to new
National Fire Protection Association (NFPA)
construction in the marine transfer area for LNG of each existing
waterfront facility handling LNG.
1 Batterymarch Park, Quincy, MA 02269:
(b) Subpart A of this part and 127.301 through 127.617 apply
NFPA 10, Portland Fire Extinguishers, 1994 127.603;127.1503
to the marine transfer area for LNG of each active existing
waterfront facility handling LNG.
NFPA 30, Flammable and Combustible Liquids Code, 1993
127.313;127.1313
(c) Sections 127.007 (b), (c), and (d); 127.019(b); and 127.701 of
subparts A and B of this part apply to the marine transfer area for
NFPA 51B, Fire Prevention in Use of Cutting and Welding
LNG of each inactive existing facility.
Processes, 1994 127.405;127.1405
(d) Subparts A and C of this part apply to the marine transfer area
NFPA 59A, Production, Storage, and Handling of Liquefied
for LHG of each active waterfront facility handling LHG.
Natural Gas (LNG), 1994 127.101;127.201;127.405;127.603
(e) Sections 127.007 (b), (c), and (d); 127.019(b); and 127.1325(c)
NFPA 70, National Electrical Code, 1993
of subparts A and C of this part apply to the marine transfer area
127.107;127.201;127.1107
for LHG of each inactive facility.
NFPA 251, Fire Tests of Building Construction and Materials,
[CGD 88-049, 60 FR 39794, Aug. 3, 1995, as amended by
1990 127.005
USCG-2007-27022, 75 FR 29426, May 26, 2010]
[CGD 88-049, 60 FR 39794, Aug. 3, 1995; 60 FR 49509, Sept.
127.003 Incorporation by reference.
26, 1995, as amended by CGD 96-026, 61 FR 33665, June 28,
(a) Certain material is incorporated by reference into this part with
1996; 61 FR 36629, July 12, 1996; USCG-1999-5832, 64 FR
the approval of the Director of the Federal Register in accordance
34714, June 29, 1999; USCG-1999-5151, 64 FR 67175, Dec. 1,
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition
1999; 69 FR 18803, Apr. 9, 2004; USCG-2004-18057, 69 FR
other than that specified in paragraph (b) of this section, the
34926, June 23, 2004; USCG-2010-0351, 75 FR 36283, June 25,
Coast Guard must publish notice of change in the Federal
2010; USCG-2012-0866, 78 FR 13248, Feb. 27, 2013]
Register and make the material available to the public. All
approved material is available for inspection at the Commandant
127.005 Definitions.
(CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S.
As used in this part:
Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7501. You may also contact the National
Active means accomplishing the transfer of LHG or LNG, or
Archives and Records Administration (NARA). For information on
scheduling one to occur, within 12 months of the current date.
the availability of this material at NARA, call 202-741-6030, or go
to:http://www.archives.gov/federal_register/code_of_federal_regul
Captain of the Port (COTP) means the Coast Guard officer
ations/ibr_locations.html. All approved material is available from
designated by the Commandant to command a Captain of the
the sources indicated in paragraph (b) of this section.
Port Zone as described in Part 3 of this chapter, or an authorized
representative.
(b) The material approved for incorporation by reference in this
part, and the sections affected, are:
Commandant means the Commandant of the U.S. Coast Guard
or an authorized representative.
The American National Standards Institute (ANSI)
Control room means a space within the LNG waterfront facility
1430 Broadway, New York, NY 10018:
from which facility operations are controlled.

239
District Commander means the Coast Guard officer designated New as applied to a waterfront facility means a facility handling
by the Commandant to command a Coast Guard District as LNG constructed or being constructed under a contract awarded
described in Part 3 of this chapter, or an authorized on or after June 2, 1988, or a facility handling LHG constructed or
representative. being constructed under a contract awarded on or after January
30, 1996.
Environmentally sensitive areas include public parks and
recreation areas, wildlife and waterfowl refuges, fishing grounds, Person in charge of transfer operations on the vessel is the
wetlands, other areas deemed to be of high value to fish and person designated the person in charge of cargo transfer under
wildlife resources, historic sites, and other protected areas. 46 CFR 154.1831.

Existing as applied to a waterfront facility means a facility Release means any spilling, leaking, pumping, pouring, emitting,
handling LNG constructed or being constructed under a contract emptying, discharging, injecting, escaping, leaching, dumping, or
awarded before June 2, 1988, or a facility handling LHG disposing into the environment, except a minor release of LHG or
constructed or being constructed under a contract awarded before its vapor, that may occur during the routine handling of LHG. No
January 30, 1996. release is minor if it creates an atmosphere that exceeds the
Lower Flammable Limit (LFL) for a flammable product or any
Facility means either a waterfront facility handling LHG or a Permissible Exposure Limit (PEL) listed in 29 CFR 1910.1000,
waterfront facility handling LNG. Table Z-1 or Z-2, for a toxic product.

Fire endurance rating means the duration for which an assembly Substructure means the deck of a pier or wharf and the
or structural unit will contain a fire or retain structural integrity structural components below that deck.
when exposed to the temperatures specified in the standard time-
temperature curve in NFPA 251. Toxic product means a product indicated by the letter "T" or by
the letters "F + T" in Table 127.005.
Flammable product means a product indicated by the letter "F"
or by the letters "F + T" in Table 127.005. Waterfront facility handling LHG means any structure on, in, or
under the navigable waters of the United States, or any structure
Inactive means not active. on land or any area on shore immediately adjacent to such waters,
used or capable of being used to transfer liquefied hazardous gas,
Impounding space means a space formed by dikes and floors in bulk, to or from a vessel.
that confines a spill of LHG or LNG.
Waterfront facility handling LNG means any structure on, in, or
LHG means liquefied hazardous gas. under the navigable waters of the United States, or any structure
on land or any area on shore immediately adjacent to such waters,
LHG vessel means a vessel constructed or converted to carry used or capable of being used to transfer liquefied natural gas, in
LHG, in bulk. bulk, to or from a vessel.

Liquefied hazardous gas (LHG) means a liquid containing one [60 FR 39788, Aug. 3, 1995; 62 FR 33359, June 19, 1997]
or more of the products listed in Table 127.005.
TABLE 127.005-LIST OF PRODUCTS AND HAZARDS
Liquefied natural gas (LNG) means a liquid or semisolid
consisting mostly of methane and small quantities of ethane,
propane, nitrogen, or other natural gases.

Liquefied petroleum gas (LPG) means a liquid consisting mostly


of propane or butane or both.

Loading flange means the connection or group of connections in


the cargo transfer pipeline on the facility that connects the facility
pipeline to the vessel pipeline.

LNG means liquefied natural gas.

LNG vessel means a vessel constructed or converted to carry


LNG, in bulk.

Marine transfer area for LHG means that part of a waterfront


facility handling LHG between the vessel, or where the vessel
moors, and the first shutoff valve on the pipeline immediately
inland of the terminal manifold or loading arm, including the entire
part of a pier or wharf used to serve LHG vessels.

Marine transfer area for LNG means that part of a waterfront


facility handling LNG between the vessel, or where the vessel
moors, and the last manifold or valve immediately before the
receiving tanks. Note: "F" indicates a flammable product. "T" indicates a toxic
product. "F + T" indicates a product both flammable and toxic.
Mating flange means that flange in the product-transfer pipeline
on a waterfront facility handling LHG or a waterfront facility [60 FR 39788, Aug. 3, 1995; 62 FR 33359, June 19, 1997]
handling LNG that connects this pipeline to the pipeline or transfer
hose of the vessel. 127.007 Letter of intent and waterway suitability assessment.
(a) An owner or operator intending to build a new facility handling
MAWP means maximum allowable working pressure. LNG or LHG, or an owner or operator planning new construction
to expand or modify marine terminal operations in an existing

240
facility handling LNG or LHG, where the construction, expansion, frequency of LNG or LHG marine traffic on the waterway
or modification would result in an increase in the size and/or associated with a proposed facility or modification to an existing
frequency of LNG or LHG marine traffic on the waterway facility, must file or update as appropriate a waterway suitability
associated with a proposed facility or modification to an existing assessment (WSA) with the COTP of the zone in which the facility
facility, must submit a Letter of Intent (LOI) to the Captain of the is or will be located. The WSA must consist of a Preliminary WSA
Port (COTP) of the zone in which the facility is or will be located. and a Follow-on WSA. A COTP may request additional
The LOI must meet the requirements in paragraph (c) of this information during review of the Preliminary WSA or Follow-on
section. WSA.

(1) The owner or operator of an LNG facility must submit the LOI (f) The Preliminary WSA must-
to the COTP no later than the date that the owner or operator files
a pre-filing request with the Federal Energy Regulatory (1) Be submitted to the COTP with the LOI; and
Commission (FERC) under 18 CFR parts 153 and 157, but, in all
cases, at least 1 year prior to the start of construction. (2) Provide an initial explanation of the following-

(2) The owner or operator of an LHG facility must submit the LOI (i) Port characterization;
to the COTP no later than the date that the owner or operator files
with the Federal or State agency having jurisdiction, but, in all (ii) Characterization of the LNG or LHG facility and LNG or LHG
cases, at least 1 year prior to the start of construction. tanker route;

(b) An owner or operator intending to reactivate an inactive (iii) Risk assessment for maritime safety and security;
existing facility must submit an LOI that meets paragraph (c) of
this section to the COTP of the zone in which the facility is located. (iv) Risk management strategies; and

(1) The owner or operator of an LNG facility must submit the LOI (v) Resource needs for maritime safety, security, and response.
to the COTP no later than the date the owner or operator files a
pre-filing request with FERC under 18 CFR parts 153 and 157, (g) The Follow-on WSA must-
but, in all cases, at least 1 year prior to the start of LNG transfer
operations. (1) Be submitted to the COTP as follows:

(2) The owner or operator of an LHG facility must submit the LOI (i) The owner or operator of an LNG facility must submit the
to the COTP no later than the date the owner or operator files with Follow-on WSA to the COTP no later than the date the owner or
the Federal or State agency having jurisdiction, but, in all cases, operator files its application with FERC pursuant to 18 CFR parts
at least 1 year prior to the start of LHG transfer operations. 153 or 157, or if no application to FERC is required, at least 180
days before the owner or operator begins transferring LNG.
(c) Each LOI must contain-
(ii) The owner or operator of an LHG facility must submit the
(1) The name, address, and telephone number of the owner and Follow-on WSA to the COTP in all cases at least 180 days before
operator; the owner or operator begins transferring LHG.

(2) The name, address, and telephone number of the Federal, (2) Contain a detailed analysis of the elements listed in
State, or local agency having jurisdiction for siting, construction, 127.007(f)(2), 127.009(d), and 127.009(e) of this part.
and operation;
(h) Until the facility begins operation, owners or operators must:
(3) The name, address, and telephone number of the facility;
(1) Annually review their WSAs and submit a report to the COTP
(4) The physical location of the facility; as to whether changes are required. The deadline for the required
annual report should coincide with the date of the COTP's Letter
(5) A description of the facility; of Recommendation, which indicates review and validation of the
Follow-on WSA has been completed.
(6) The LNG or LHG vessels' characteristics and the frequency of
LNG or LHG shipments to or from the facility; and (2) In the event that revisions to the WSA are needed, report to
the COTP the details of the necessary revisions, along with a
(7) Charts showing waterway channels and identifying timeline for completion.
commercial, industrial, environmentally sensitive, and residential
areas in and adjacent to the waterway used by the LNG or LHG (3) Update the WSA if there are any changes in conditions, such
vessels en route to the facility, within at least 25 kilometers (15.5 as changes to the port environment, the LNG or LHG facility, or
miles) of the facility. the tanker route, that would affect the suitability of the waterway
for LNG or LHG traffic.
(d) The owner or operator who submits an LOI under paragraphs
(a) or (b) of this section must notify the COTP in writing within 15 (4) Submit a final report to the COTP at least 30 days, but not
days of any of the following: more than 60 days, prior to the start of operations.

(1) There is any change in the information submitted under [USCG-2007-27022, 75 FR 29426, May 26, 2010]
paragraphs (c)(1) through (c)(7) of this section; or
127.009 Letter of recommendation.
(2) No LNG or LHG transfer operations are scheduled within the (a) After the COTP receives the Letter of Intent under 127.007(a)
next 12 months. or (b), the COTP issues a Letter of Recommendation (LOR) as to
the suitability of the waterway for LNG or LHG marine traffic to the
(e) An owner or operator intending to build a new LNG or LHG Federal, State, or local government agencies having jurisdiction
facility, or an owner or operator planning new construction to for siting, construction, and operation, and, at the same time,
expand or modify marine terminal operations in an existing facility sends a copy to the owner or operator, based on the
handling LNG or LHG, where the construction, expansion, or
modification would result in an increase in the size and/or (1) Information submitted under 127.007;

241
(2) Density and character of marine traffic in the waterway; recommendation.

(3) Locks, bridges, or other man-made obstructions in the (2) A person making a request under paragraph (c) of this section
waterway; must send a copy of the request to the agency to which the LOR
was issued.
(4) Following factors adjacent to the facilitysuch as
(3) In response to the request described in this paragraph (c), the
(i) Depths of the water; District Commander will do one of the following-

(ii) Tidal range; (i) Send a written confirmation of the LOR to the agency to which
the LOR was issued, with copies to the person making the
(iii) Protection from high seas; request, the owner or operator, and the COTP; or

(iv) Natural hazards, including reefs, rocks, and sandbars; (ii) Instruct the COTP to reconsider the LOR, and send written
notification of that instruction to the agency to which the original
(v) Underwater pipelines and cables; LOR was issued, with copies to the person making the request
and the owner or operator.
(vi) Distance of berthed vessel from the channel and the width of
the channel; and (d) The District Commander's written confirmation described in
paragraph (c)(3)(i) of this section ends the reconsideration
(5) Any other issues affecting the safety and security of the process with respect to that specific request for reconsideration. If
waterway and considered relevant by the Captain of the Port. the COTP issues an LOR pursuant to paragraph (b)(2) or (c)(3)(ii)
of this section, persons described in 127.009(c) may request
(b) An LOR issued under this section is a recommendation from reconsideration of that revised LOR using the process beginning
the COTP to the agency having jurisdiction as described in in paragraph (a) of this section
paragraph (a), and does not constitute agency action for the
purposes of 127.015 or the Administrative Procedure Act (5 [USCG-2011-0227, 77 FR 70890, Nov. 28, 2012]
U.S.C. 551 et seq.).
127.011 Inspections Of Waterfront Facilities.
(c) The owner or operator, or a State, local, or Indian tribal The operator shall ensure that the COTP or his representative is
government in the vicinity of the facility, may request allowed to make reasonable examinations and inspections to
reconsideration as set forth in 127.010. determine whether the facility meets this part.

(d) Persons other than the owner or operator, or State, local, or [60 FR 39788, Aug. 3, 1995]
Indian tribal government in the vicinity of the facility, may
comment on the LOR by submitting comments and relevant 127.013 Suspension Of Transfer Operations.
information to the agency having jurisdiction, as described in (a) The COTP may issue an order to the operator to suspend
paragraph (a), for that agency's consideration in its permitting LHG or LNG transfer operations if the COTP finds any condition
process. requiring immediate action to-

(e) Paragraphs (c) and (d) of this section apply to LORs issued (1) Prevent damage to, or the destruction of, any bridge or other
after December 28, 2012. For LORs issued prior to that date, structure on or in the navigable waters of the United States, or
persons requesting reconsideration must follow the process set any land structure or shore area immediately adjacent to such
forth in 127.015. waters; and

[USCG-2011-0227, 77 FR 70890, Nov. 28, 2012] (2) Protect the navigable waters and the resources therein from
harm resulting from vessel or structure damage, destruction, or
127.010 Reconsideration of the Letter of Recommendation. loss.
(a) A person requesting reconsideration pursuant to 127.009(c)
must submit a written request to the Captain of the Port (COTP) (b) Each order to suspend transfer operations issued under
who issued the Letter of Recommendation (LOR), and send a paragraph (a) of this section-
copy of the request to the agency to which the LOR was issued.
The request must explain why the COTP should reconsider his or (1) Is effective immediately;
her recommendation.
(2) Contains a statement of each condition requiring immediate
(b) In response to a request described in paragraph (a) of this action; and
section, the COTP will do one of the following-
(3) Is withdrawn by the COTP whenever each condition is
(1) Send a written confirmation of the LOR to the agency to which corrected or no longer exists.
the LOR was issued, with copies to the person making the
request and the owner or operator; or [60 FR 39788, Aug. 3, 1995]

(2) Revise the LOR, and send the revised LOR to the agency to 127.015 Appeals.
which the original LOR was issued, with copies to the person (a) Any person directly affected by an action taken under this part
making the request and the owner or operator. may request reconsideration by the Coast Guard officer
responsible for that action.
(c) A person whose request for reconsideration results in a
confirmation as described in paragraph (b)(1) of this section, and (b) Except as provided under paragraph (e) of this section, any
who is not satisfied with that outcome, may request, in writing, the person not satisfied with a ruling made under the procedure
opinion of the District Commander of the district in which the LOR contained in paragraph (a) of this section may
was issued.
(1) Appeal that ruling in writing to the District Commander of the
(1) The request must explain why the person believes the District district in which the action was taken; and
Commander should instruct the COTP to reconsider his or her

242
(2) Supply supporting documentation and evidence that the (c) If the COTP finds that the Operations Manual meets 127.305
appellant wishes to have considered. or 127.1305 and that the Emergency Manual meets 127.307 or
127.1307, the Captain of the Port returns a copy to the owner or
(c) The District Commander issues a ruling after reviewing the operator marked "Examined by the Coast Guard".
appeal submitted under paragraph (b) of this section. Except as
provided under paragraph (e) of this section, any person not (d) If the COTP finds that the Operations Manual or the
satisfied with this ruling may Emergency Manual does not meet this part, the Captain of the
Port returns the manual with an explanation of why it does not
(1) Appeal that ruling in writing to the Commandant (CG-5P), Attn: meet this part.
Assistant Commandant for Prevention, U.S. Coast Guard Stop
7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC [60 FR 39788, Aug. 3, 1995]
20593-7501; and
Subpart B-Waterfront Facilities Handling
(2) Supply supporting documentation and evidence that the Liquefied Natural Gas
appellant wishes to have considered.
127.101 Design And Construction: General.
The marine transfer area for LNG must meet the following criteria
(d) The Assistant Commandant for Marine Safety, Security and
in NFPA 59A:
Environmental Protection issues a ruling after reviewing the
appeal submitted under paragraph (c) of this section, which is
(a) Chapter 2, Sections 2091.2 and 2093.
final agency action.
(b) Chapter 4, Section 4091.3.
(e) If the delay in presenting a written appeal has an adverse
impact on the operations of the appellant, the appeal under
(c) Chapter 6.
paragraph (b) or (c) of this section
(d) Chapter 7, Sections 7096 and 7097.
(1) May be presented orally; and
(e) Chapter 8, except Sections 8093, 8095 and 8097.2.
(2) Must be submitted in writing within five days after the oral
presentation
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD
88-049, 60 FR 39795, Aug. 3, 1995]
(i) With the basis for the appeal and a summary of the material
presented orally; and 127.103 Piers And Wharves.
(a) If the waterfront facility handling LNG is in a region subject to
(ii) To the same Coast Guard official who heard the oral earthquakes, the piers and wharves must be designed to resist
presentation. earthquake forces.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD (b) Substructures, except moorings and breasting dolphins, that
96-026, 61 FR 33665, June 28, 1996; CGD 97-023, 62 FR 33363, support or are within 5 meters (16.4 feet) of any pipe or
June 19, 1997; USCG-2002-12471, 67 FR 41332, June 18, 2002; equipment containing LNG, or are within 15 meters (49.2 feet) of
USCG-2010-0351, 75 FR 36283, June 25, 2010; USCG-2014- a loading flange, must-
0410, 79 FR 38434, July 7, 2013]
(1) Be made of concrete or steel; and
127.017 Alternatives.
(a) The COTP may allow alternative procedures, methods, or (2) Have a fire endurance rating of not less than two hours.
equipment standards to be used by an operator instead of any
requirements in this part if- (c) LNG or LPG storage tanks must have the minimum volume
necessary for-
(1) The operator submits a written request for the alternative at
least 30 days before facility operations under the alternative (1) Surge protection;
would begin, unless the COTP authorizes a shorter time; and
(2) Pump suction supply; or
(2) The alternative provides at least the same degree of safety
provided by the regulations in this part. (3) Other process needs.

(b) The COTP approves or disapproves any alternative requested [CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88-
under paragraph (a) of this section- 049, 60 FR 39796, Aug. 3, 1995]

(1) In writing; or 127.105 Layout And Spacing Of Marine Transfer Area For
LNG.
(2) Orally, with subsequent written confirmation. (a) LNG impounding spaces must be located so that the heat flux
from a fire over the impounding spaces does not cause structural
127.019 Operations Manual And Emergency Manual: damage to an LNG vessel moored or berthed at the waterfront
Procedures For Examination. facility handling LNG.
(a) The owner or operator of an active existing facility shall submit
two copies of the Operations Manual and of the Emergency (b) Each LNG loading flange must be located at least 300 meters
Manual to the Captain of the Port of the zone in which the facility (984.3 feet) from the following which are primarily intended for the
is located. use of the general public or railways:

(b) At least 30 days before transferring LHG or LNG, the owner or (1) Each bridge crossing a navigable waterway.
operator of a new or an inactive existing facility shall submit two
copies of the Operations Manual and of the Emergency Manual to (2) Each entrance to any tunnel under a navigable waterway.
the Captain of the Port of the zone in which the facility is located,
unless the manuals have been examined and there have been no [CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD
changes since that examination. 88-049, 60 FR 39796, Aug. 3, 1995]

243
127.107 Electrical Power Systems. No Open Lights
(a) The electrical power system must have a power source and a
separate emergency power source, so that failure of one source (b) Each letter in the words on the sign must be-
does not affect the capability of the other source. The system
must meet the National Electrical Code, NFPA 70. (1) Block style;

(b) The emergency power source must provide enough power for (2) Black on a white background; and
the operation of the-
(3) 7.6 centimeters (3 inches) high.
(1) Emergency shutdown system;
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD
(2) Communications equipment; 88-049, 60 FR 39795, Aug. 3, 1995]

(3) Firefighting equipment; and Equipment


(4) Emergency lighting. 127.201 Sensing And Alarm Systems.
(a) Fixed sensors must have audio and visual alarms in the
(c) If an auxiliary generator is used as an emergency power control room and audio alarms nearby.
source, it must meet Section 700-12 of NFPA 70.
(b) Fixed sensors that continuously monitor for LNG vapors
127.109 Lighting Systems. must
(a) The marine transfer area for LNG must have a lighting system
and separate emergency lighting. (1) Be in each enclosed area where vapor or gas may accumulate;
and
(b) All outdoor lighting must be located or shielded so that it is not
confused with any aids to navigation and does not interfere with (2) Meet Section 9-4 of NFPA 59A.
navigation on the adjacent waterways.
(c) Fixed sensors that continuously monitor for flame, heat, or
(c) The lighting system must provide an average illumination on a products of combustion must
horizontal plane one meter (3.3 feet) above the deck that is-
(1) Be in each enclosed or covered Class I, Division 1, hazardous
(1) 54 lux (five foot-candles) at any loading flange; and location defined in Section 500-5(a) of NFPA 70 and each area in
which flammable or combustible material is stored; and
(2) 11 lux (one foot-candle) at each work area.
(2) Meet Section 9-4 of NFPA 59A.
(d) The emergency lighting must provide lighting for the operation
of the- 127.203 Portable Gas Detectors.
The marine transfer area for LNG must have at least two portable
(1) Emergency shutdown system; gas detectors capable of measuring 0-100% of the lower
flammable limit of methane.
(2) Communications equipment; and
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD
(3) Firefighting equipment. 88-049, 60 FR 39796, Aug. 3, 1995]

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD 127.205 Emergency Shutdown.
88-049, 60 FR 39795, Aug. 3, 1995] Each transfer system must have an emergency shutdown system
that-
127.111 Communications Systems.
(a) The marine transfer area for LNG must have a ship-to-shore (a) Can be activated manually; and
communication system and a separate emergency ship-to-shore
communication system. (b) Is activated automatically when the fixed sensors under
127.201(b) measure LNG concentrations exceeding 40% of the
(b) Each ship-to-shore communication system must be a lower flammable limit.
dedicated system that allows voice communication between the
person in charge of transfer operations on the vessel, the person 127.207 Warning Alarms.
in charge of shoreside transfer operations, and personnel in the (a) The marine transfer area for LNG must have a rotating or
control room. flashing amber light with a minimum effective flash intensity, in the
horizontal plane, of 5000 candelas. At least 50% of the required
[60 FR 39788, Aug. 3, 1995] effective flash intensity must be maintained in all directions from
1.0 degree above to 1.0 degree below the horizontal plane.
127.113 Warning Signs.
(a) The marine transfer area for LNG must have warning signs (b) The marine transfer area for LNG must have a siren with a
that- minimum 1/3-octave band sound pressure level at 1 meter of 125
decibels referenced to 0.0002 microbars. The siren must be
(1) Meet paragraph (b) of this section; located so that the sound signal produced is audible over 360
degrees in a horizontal plane.
(2) Can be seen from the shore and the water; and
(c) Each light and siren must be located so that the warning alarm
(3) Have the following text: is not obstructed for a distance of 1.6 km (1 mile) in all directions.

Warning [CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD


Dangerous Cargo 88-049, 60 FR 39796, Aug. 3, 1995]
No Visitors
No Smoking Operations

244
127.301 Persons In Charge Of Shoreside Transfer response organizations;
Operations: Qualifications And Certification.
(a) No person may serve, and the operator of the waterfront (b) Emergency shutdown procedures;
facility handling LNG may not use the services of any person, as
a person in charge of shoreside transfer operations, unless that (c) A description of the fire equipment and systems and their
person operating procedures;

(1) Has at least 48 hours of LNG transfer experience; (d) A description of the emergency lighting and emergency power
systems;
(2) Knows the hazards of LNG;
(e) The telephone numbers of local Coast Guard units, hospitals,
(3) Knows the rules of this subpart; and fire departments, police departments, and other emergency
response organizations;
(4) Knows the procedures in the examined Operations Manual
and the examined Emergency Manual. (f) If the waterfront facility handling LNG has personnel shelters,
the location of and provisions in each shelter;
(b) Before a person in charge of shoreside transfer operations
supervises a transfer, the operator shall certify in writing that the (g) First aid procedures and if there are first aid stations, the
criteria in paragraph (a) of this section are met. The operator shall locations of each station; and
maintain a copy of each current certification available for
inspection at the waterfront facility handling LNG. (h) Emergency procedures for mooring and unmooring a vessel.

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

127.303 Compliance With Suspension Order. 127.309 Operations Manual And Emergency Manual: Use.
If an order to suspend is given to the operator or owner of the The operator shall ensure that-
waterfront facility handling LNG, no LNG transfer operations may (a) LNG transfer operations are not conducted unless the
be conducted at the facility until the order is withdrawn by the waterfront facility handling LNG has an examined Operations
COTP. Manual and examined Emergency Manual;

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD (b) Each transfer operation is conducted in accordance with the
88-049, 60 FR 39796, Aug. 3, 1995] examined Operations Manual; and

127.305 Operations Manual. Each Operations Manual must (c) Each emergency response is in accordance with the examined
contain- Emergency Manual.
(a) A description of the transfer system including mooring areas,
transfer connections, control rooms, and diagrams of the piping [CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD
and electrical systems; 88-049, 60 FR 39796, Aug. 3, 1995]

(b) The duties of each person assigned for transfer operations; 127.311 Motor Vehicles.
(a) The operator shall designate and mark parking spaces that-
(c) The maximum relief valve setting or maximum allowable
working pressure of the transfer system; (1) Do not block fire lanes;

(d) The waterfront facility handling LNG telephone numbers of (2) Do not impede any exits;
waterfront facility handling LNG supervisors, persons in charge of
shoreside transfer operations, personnel on watch in the marine (3) Are not located in any impounding space; and
transfer area for LNG, and security personnel;
(4) Are not within 15 meters (49.2 feet) of any storage tank or
(e) A description of the security systems for the marine transfer loading flange.
area for LNG;
(b) During transfer operations, no person may-
(f) The procedures for-
(1) Stop or park a motor vehicle in a space that is not
(1) Transfer operations including gauging, cool down, pumping, designated a parking space; or
venting, and shutdown;
(2) Refuel any motor vehicle.
(2) Transfer operations start-up and shutdown;
127.313 Bulk Storage.
(3) Security violations; and (a) The operator shall ensure that only the following flammable
materials are stored in the marine transfer area for LNG:
(4) The communications systems; and
(1) LNG.
(g) A description of the training programs established under
127.503. (2) LPG.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD (3) Vessel fuel.
88-049, 60 FR 39796, Aug. 3, 1995]
(4) Oily waste from vessels.
127.307 Emergency Manual.
(5) Solvents, lubricants, paints, and other fuels in the amount
Each Emergency Manual must contain- used for one day's operations and maintenance.
(a) LNG release response procedures, including contacting local

245
(b) Flammable liquids must be stored in accordance with Chapter (2) The date and time that transfer operations begin;
4 of NFPA 30.
(3) A list of the requirements in 127.315 with the initials of the
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD person in charge of shoreside transfer operations after each
88-049, 60 FR 39796, Aug. 3, 1995] requirement, indicating that the requirement is met;

127.315 Preliminary Transfer Inspection. (4) The signature of the person in charge of shoreside transfer
Before transferring LNG, the person in charge of shoreside operations and the date and time of signing, indicating that he or
transfer operations shall- she is ready to begin transfer operations; and

(a) Inspect the transfer piping and equipment to be used during (5) The signature of each relief person in charge and the date and
the transfer and replace any worn or inoperable parts; time of each relief.

(b) For each of the vessel's cargo tanks from which cargo will be [CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD
transferred, note the pressure, temperature, and volume to 88-049, 60 FR 39796, Aug. 3, 1995]
ensure they are safe for transfer;
127.319 LNG Transfer.
(c) Review and agree with the person in charge of cargo transfer During LNG transfer operations, the following must be met:
on the vessel to-
(a) The operator of the waterfront facility handling LNG shall
(1) The sequence of transfer operations; ensure that-

(2) The transfer rate; (1) The marine transfer area for LNG is under the supervision of a
person in charge, who has no other assigned duties during the
(3) The duties, location, and watches of each person assigned transfer operation;
or transfer operations; and
(2) Personnel transferring fuel or oily waste are not involved in
(4) Emergency procedures from the examined Emergency LNG transfer; and
Manual
(3) No vessels are moored outboard of any LNG vessel without
(d) Ensure that transfer connections allow the vessel to move to the permission of the COTP.
the limits of its moorings without placing strain on the loading arm
or transfer piping system; (b) The person in charge of shoreside transfer operations shall-

(e) Ensure that each part of the transfer system is aligned to allow (1) Be in continuous communication with the person in charge of
the flow of LNG to the desired location; transfer operations on the vessel;

(f) Ensure that warning signs that warn that LNG is being (2) Ensure that an inspection of the transfer piping and equipment
transferred, are displayed; for leaks, frost, defects, and other symptoms of safety and
operational problems is conducted at least once every transfer;
(g) Eliminate all ignition sources in the marine transfer area for
LNG; (3) Ensure that transfer operations are discontinued-

(h) Ensure that personnel are on duty in accordance with the (3)(i) Before electrical storms or uncontrolled fires are adjacent to
examined Operations Manual; and the marine transfer area for LNG; and

(i) Test the following to determine that they are operable: (3)(ii) As soon as a fire is detected; and

(1) The sensing and alarm systems. (4) Ensure that the lighting systems are turned on between sunset
and sunrise.
(2) The emergency shutdown system.
NOTE: Vessel transfer requirements are published in 46 CFR
(3) The communication systems. Part 154.

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

127.317 Declaration Of Inspection. 127.321 Release Of LNG.


(a) After the preliminary transfer inspection under 127.315 has (a) The operator of the waterfront facility handling LNG shall
been satisfactorily completed, the person in charge of shoreside ensure that-
transfer operations shall ensure that no person transfers LNG
until a Declaration of Inspection that meets paragraph (c) of this (1) No person releases LNG into the navigable waters of the
section is executed and signed in duplicate. United States; and

(b) The person in charge of shoreside transfer operations shall (2) If there is a release of LNG, vessels near the facility are
give one signed copy of the Declaration of Inspection to the notified of the release by the activation of the warning alarm.
person in charge of transfer operations on the vessel, and shall
retain one signed copy at the waterfront facility handling LNG for (b) If there is a release of LNG, the person in charge of shoreside
30 days after completion of the transfer. transfer operations shall-

(c) Each Declaration of Inspection must contain- (1) Immediately notify the person in charge of cargo transfer on
the vessel of the intent to shutdown;
(1) The name of the vessel and the waterfront facility handling
LNG; (2) Shutdown transfer operations;

246
(3) Notify the COTP of the release; and The training required by this subpart must be completed before
LNG is transferred.
(4) Not resume transfer operations until authorized by the COTP.
127.503 Training: General.
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD The operator shall ensure that each of the following is met:
88-049, 60 FR 39796, Aug. 3, 1995]
(a) All full-time employees have training in the following subjects:
Maintenance
(1) Basic LNG firefighting procedures.
127.401 Maintenance: General.
The operator of the waterfront facility handling LNG shall ensure (2) LNG properties and hazards.
that the equipment required under this part is maintained in a safe
condition so that it does not cause a release or ignition of LNG. (b) In addition to the training under paragraph (a) of this section,
each person assigned for transfer operations has training in the
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD following subjects:
88-049, 60 FR 39796, Aug. 3, 1995]
(1) The examined Operations Manual and examined Emergency
127.403 Inspections. Manual.
The operator shall conduct a visual inspection for defects of each
pressure-relief device not capable of being tested, at least once (2) Advanced LNG firefighting procedures.
each calendar year, with intervals between inspections not
exceeding 15 months, and make all repairs in accordance with (3) Security violations.
127.405.
(4) LNG vessel design and cargo transfer operations.
127.405 Repairs.
The operator shall ensure that (5) LNG release response procedures.

(a) Equipment repairs are made so that (6) First aid procedures for-

(1) The equipment continues to meet the applicable requirements (6)(i) Frostbite;
in this subpart and in NFPA 59A; and
(6)(ii) Burns;
(2) Safety is not compromised; and
(6)(iii) Cardio-pulminary resuscitation; and
(b) Welding is done in accordance with NFPA 51B and NFPA 59A,
Chapter 6, Section 6-3.4. (6)(iv) Transporting injured personnel.

[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD (c) The personnel who received training under paragraphs (a) and
88-049, 60 FR 39796, Aug. 3, 1995] (b) of this section receive refresher training in the same subjects
at least once every five years.
127.407 Testing.
(a) The operator shall pressure test under paragraph (b) of this Firefighting
section the transfer system, including piping, hoses, and loading
arms, and verify the set pressure of the safety and relief valves 127.601 Fire Equipment: General.
(a) Fire equipment and systems provided in addition to the
(1) After the system or the valves are altered; requirements in this subpart must meet the requirements of this
subpart.
(2) After the system or the valves are repaired;
(b) The following must be red or some other conspicuous color
(3) After any increase in the MAWP; or and be in locations that are readily accessible:

(4) For those components that are not continuously kept at (1) Hydrants and standpipes.
cryogenic temperature, at least once each calendar year, with
intervals between testing not exceeding 15 months. (2) Hose stations.

(b) The pressure for the transfer system test under paragraph (a) (3) Portable fire extinguishers.
of this section must be at 1.1 times the MAWP and be held for a
minimum of 30 minutes. (4) Fire monitors.

127.409 Records. (c) Fire equipment, if applicable, must bear the approval of
(a) The operator shall keep on file the following information: Underwriters Laboratories, Inc., the Factory Mutual Research
Corp., or the Coast Guard.
(1) A description of the components tested under 127.407.
127.603 Portable Fire Extinguishers.
(2) The date and results of the test under 127.407. Each marine transfer area for LNG must have

(3) A description of any corrective action taken after the test. (a) Portable fire extinguishers that meet 9-6.1 of NFPA 59A and
Chapter 3 of NFPA 10; and
(b) The information required by this section must be retained for
24 months. (b) At least one portable fire extinguisher in each designated
parking area.
Personnel Training
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD
127.501 Applicability. 88-049, 60 FR 39796, Aug. 3, 1995]

247
127.605 Emergency Outfits. (b) The dry chemical system must have the capacity to supply
(a) There must be an emergency outfit for each person whose simultaneously or sequentially each hose or monitor in the system
duties include fighting fires, but there must be at least two for 45 seconds.
emergency outfits. Each emergency outfit must include-
(c) Each dry chemical hose station must have at least one length
(1) One explosion-proof flashlight; of hose that-

(2) Boots and gloves of rubber or other electrically nonconducting (1) Is on a hose rack or reel; and
material;
(2) Has a nozzle with a valve that starts and stops the flow of dry
(3) A rigid helmet that protects the head against impact; chemical.

(4) Water resistant clothing that also protects the body against fire; [CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88-
and 049, 60 FR 39796, Aug. 3, 1995]

(5) U.S. Bureau of Mines approved self-contained breathing 127.611 International Shore Connection.
apparatus. The marine transfer area for LNG must have an international
shore connection that is in accordance with ASTM F 1121
(b) Emergency outfits under paragraph (a) of this section must be (incorporated by reference, see 127.003), a 2 1/2 inch fire
in locations that are readily accessible and marked for easy hydrant, and 2 1/2 inch fire hose of sufficient length to connect the
recognition. fire hydrant to the international shore connection on the vessel.

127.607 Fire Main Systems. [CGD 88-032, 56 FR 35819, July 29, 1991; 60 FR 39788, Aug. 3,
(a) Each marine transfer area for LNG must have a fire main 1995; 65 FR 40052, June 29, 2000]
system that provides at least two water streams to each part of
the LNG transfer piping and connections, one of which must be 127.613 Smoking.
from a single length of hose or from a fire monitor. In the marine transfer area for LNG, the operator shall ensure that
no person smokes when there is LNG present.
(b) The fire main must have at least one isolation valve at each
branch connection and at least one isolation valve downstream of [CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88-
each branch connection to isolate damaged sections. 049, 60 FR 39796, Aug. 3, 1995]

(c) The fire main system must have the capacity to supply- 127.615 Fires.
In the marine transfer area for LNG, the operator shall ensure that
(1) Simultaneously all fire hydrants, standpipes, and fire monitors there are no fires when there is LNG present.
in the system; and
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88-
(2) At a Pitot tube pressure of 618 kilonewtons per square meter 049, 60 FR 39796, Aug. 3, 1995]
(75 p.s.i.), the two outlets having the greatest pressure drop
between the source of water and the hose or monitor nozzle, 127.617 Hotwork.
when only those two outlets are open. The operator shall ensure that no person conducts welding, torch
cutting, or other hotwork unless that person has a permit from the
(d) If the source of water for the fire main system is capable of COTP.
supplying a pressure greater than the system's design working
pressure, the system must have at least one pressure relief Security
device.
127.701 Security On Existing Facilities.
(e) Each fire hydrant or standpipe must have at least one length The operator shall ensure that any security procedure and
of hose of sufficient length to meet paragraph (a) of this section. arrangement on existing facilities, that were in use when LNG
transfer operations were last conducted, be continued and
(f) Each length of hose must- maintained, or upgraded, whenever LNG transfer operations are
conducted.
(1) Be 1 1/2 inches or more in diameter and 30.5 meters (100 feet)
or less in length; 127.703 Access To The Marine Transfer Area For LNG.
The operator shall ensure that-
(2) Be on a hose rack or reel;
(a) Access to the marine transfer area for LNG from the shoreside
(3) Be connected to the hydrant or standpipe at all times; and and the waterside is limited to-

(4) Have a Coast Guard approved combination solid stream and (1) Personnel who work at the waterfront facility handling LNG
water spray fire hose nozzle. including persons assigned for transfer operations, vessel
personnel, and delivery and service personnel in the course of
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended at CGD 88- their business;
049, 60 FR 39796, Aug. 3, 1995]
(2) Coast Guard personnel; and
127.609 Dry Chemical Systems.
(a) Each marine transfer area for LNG must have a dry chemical (3) Other persons authorized by the operator; and
system that provides at least two dry chemical discharges to the
area surrounding the loading arms, one of which must be- (b) No person is allowed into the marine transfer for LNG area
unless that person is identified by a waterfront facility handling
(1) From a monitor; and LNG-issued identification card or other identification card
displaying his or her photograph, or is an escorted visitor
(2) Actuated and, except for pre-aimed monitors, controlled from a displaying an identifying badge.
location other than the monitor location.

248
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD that it will not produce a hydraulic shock capable of causing
88-049, 60 FR 39796, Aug. 3, 1995] failure of the line or equipment. Unless the layout of the piping
allows the isolation valve at the transfer manifold to close within
127.705 Security Systems. 30 seconds without creating excessive stresses on the system,
The operator shall ensure that security patrols of the marine the layout must be reconfigured to reduce the stresses to a safe
transfer area for LNG are conducted once every hour, or that a level.
manned television monitoring system is used, to detect
(f) Each waterfront facility handling LHG that transfers to or from a
(a) Unauthorized personnel; vessel requiring vapor return during transfer must be equipped
with a vapor return line designed to attach to the vessel's vapor
(b) Fires; and connection.

(c) LNG releases. (g) Where two or more LHGs are loaded or unloaded at the same
facility, each manifold must be identified or marked to indicate
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD each LHG it handles.
88-049, 60 FR 39796, Aug. 3, 1995]
(h) Each pipeline used to transfer flammable liquids or vapors
127.707 Security Personnel. must be provided with precautions against static, lightning, and
The operator shall ensure that no person is assigned security stray current in accordance with API RP 2003.
patrol duty unless that person has been instructed on security
violation procedures. 127.1102 Transfer Hoses And Loading Arms.
(a) Each hose within the marine transfer area for LHG used for
127.709 Protective Enclosures. the transfer of LHG or its vapors to or from a vessel must
The following must be within a fence or wall that prevents
trespassing: (1) Be made of materials resistant to each LHG transferred, in
both the liquid and vapor state (if wire braid is used for
(a) Impounding spaces. reinforcement, the wire must be of corrosion-resistant material,
such as stainless steel);
(b) Control rooms and stations.
(2) Be constructed to withstand the temperature and pressure
(c) Electrical power sources. foreseeable during transfer, with a MAWP not less than the
maximum pressure to which it may be subjected and at least
127.711 Communications. 1030 kPa gauge (149.4 psig);
The marine transfer area for LNG must have a means of direct
communications between the security patrol and other operating (3) Be designed for a minimum bursting pressure of a least five
or security personnel on duty on the waterfront facility handling times the MAWP;
LNG.
(4) Have
[CGD 78-038, 53 FR 3376, Feb. 7, 1988, as amended by CGD
88-049, 60 FR 39796, Aug. 3, 1995] (i) Full-threaded connections;

Subpart C Waterfront Facilities Handling (ii) Flanges that meet ANSI B16.5; or
Liquefied Hazardous Gas
(iii) Quick connect couplings that are acceptable to the
Source: CGD 88-049, 60 FR 39796, Aug. 3, 1995, unless Commandant;
otherwise noted.
(5) Be adequately supported against the weight of its constituent
Design and Construction parts, the LHG, and any ice formed on it;

127.1101 Piping Systems. (6) Have no kinks, bulges, soft spots, or other defects that will let
Each piping system within the marine transfer area for LHG used it leak or burst under normal working pressure; and
for the transfer of LHG must meet the following criteria:
(7) Have a permanently attached nameplate that indicates, or
(a) Each system must be designed and constructed in otherwise be permanently marked to indicate
accordance with ASME B31.3.
(i) Each LHG for which it is suitable;
(b) Each pipeline on a pier or wharf must be located so that it is
not exposed to physical damage from vehicular traffic or cargo- (ii) Its MAWP at the corresponding service temperature; and
handling equipment. Each pipeline under navigable waters must
be covered or protected to meet 49 CFR 195.248. (iii) If used for service at other than ambient temperature, its
minimum service temperature.
(c) The transfer manifold of each liquid transfer line and of each
vapor return line must have an isolation valve with a bleed (b) Each loading arm used for the transfer of LHG or its vapor
connection, such that transfer hoses and loading arms can be must
blocked off, drained or pumped out, and depressurized before
disconnecting. Bleeds or vents must discharge to a safe area (1) Be made of materials resistant to each LHG transferred, in
such as a tank or flare. both the liquid and vapor state;

(d) In addition to the isolation valve at the transfer manifold, each (2) Be constructed to withstand the temperature and pressure
liquid-transfer line and each vapor return line must have a readily foreseeable during transfer;
accessible isolation valve located near the edge of the marine
transfer area for LHG. (3) Be adequately supported against the weight of its constituent
parts, the LHG, and any ice formed on it;
(e) Each power-operated isolation valve must be timed to close so

249
(4) Be provided with an alarm to indicate when it is approaching walking surface of the marine transfer area that is
the limits of its extension, unless the examined Operations
Manual requires a person to perform the same function; and (1) 54 lux (5 foot-candles) at any loading flange; and

(5) Have a permanently attached nameplate that indicates, or (2) 11 lux (1 foot-candle) for the remainder of the marine transfer
otherwise be permanently marked to indicate area for LHG.

(i) Each LHG it may handle; 127.1111 Communication Systems.


(a) The marine transfer area for LHG must possess a
(ii) Its MAWP at the corresponding service temperature; and, communication system that enables continuous two way voice
communication between the person in charge of transfer aboard
(iii) If it is used for service at other than ambient temperature, its the vessel and the person in charge of transfer for the facility.
minimum service temperature.
(b) The communication system required by paragraph (a) of this
127.1103 Piers And Wharves. section may consist either of fixed or portable telephones or of
(a) Each new waterfront facility handling LHG, and all new portable radios. The system must be usable and effective in all
construction in the marine transfer area for LHG of each existing phases of the transfer and all weather at the facility.
facility, must comply with the standards for seismic design and
construction in 49 CFR part 41. (c) Devices used to comply with paragraph (a) of this section
during the transfer of a flammable LHG must be listed as
(b) Each substructure on a new waterfront facility handling LHG, intrinsically safe by Underwriters Laboratories, Inc., Factory
and all new construction in the marine transfer area for LHG of Mutual Research Corporation, or other independent laboratory
each existing facility, except moorings and breasting dolphins, recognized by NFPA, for use in the hazardous location in which it
that supports or is within 4.5 meters (14.8 feet) of any pipe or is used.
equipment containing a flammable LHG, or that is within 15
meters (49.2 feet) of a loading flange used to transfer a 127.1113 Warning Signs.
flammable LHG, must have a fire-endurance rating of not less (a) The marine transfer area for LHG must have warning signs
than two hours. that

127.1105 Layout And Spacing Of Marine Transfer Area For (1) Meet paragraph (b) of this section;
LHG.
Each new waterfront facility handling LHG, and all new (2) Can be seen from the shore and the water; and,
construction in the marine transfer area for LHG of each existing
facility, must comply with the following: (3) Except as provided in paragraph (c) of this section, bear the
following text:
(a) Each building, shed, and other structure within each marine
transfer area for LHG must be located, constructed, or ventilated Warning
to prevent the accumulation of flammable or toxic gases within the Dangerous Cargo
structure. No visitors
No Smoking
(b) Each impounding space for flammable LHGs located within No Open Lights
the area must be designed and located so that the heat flux from
a fire over the impounding space does not cause, to a vessel, (b) Each letter on the sign must be
damage that could prevent the vessel's movement.
(1) In block style;
(c) Each manifold, loading arm, or independent mating flange
must be located at least 60 meters (197 feet) from each of the (2) Black on a white background; and
following structures, if that structure is intended primarily for the
use of the general public or of railways: (3) At least 7.6 centimeters (3 inches) high.

(1) A bridge crossing a navigable waterway. (c) The words No Smoking and No Open Lights may be
omitted when the product being transferred is not flammable.
(2) The entrance to, or the superstructure of, a tunnel under a
navigable waterway. Equipment
(d) Each manifold, loading arm, or independent mating flange 127.1203 Gas Detection.
must be located at least 30 meters (98.5 feet) from each public (a) Each waterfront facility handling LHG that transfers a
roadway or railway. flammable LHG must have at least two portable gas detectors, or
a fixed gas detector, in the marine transfer area for LHG. Each
127.1107 Electrical Systems. detector must be capable of indicating whether the concentration
Electrical equipment and wiring must be of the kind specified by, of flammable vapors exceeds 30% of the Lower Flammable Limit
and must be installed in accordance with, NFPA 70 for each flammable product being transferred and must meet
ANSI S12.13, Part I.
127.1109 Lighting Systems.
(a) Each waterfront facility handling LHG, at which transfers of (b) Each waterfront facility handling LHG that transfers a toxic
LHG take place between sunset and sunrise, must have outdoor LHG, other than anhydrous ammonia, must have at least two
lighting that illuminates the marine transfer area for LHG. portable gas detectors, or a fixed gas detector, available in the
area. The detectors must be capable of showing whether the
(b) All outdoor lighting must be located or shielded so that it concentration of each toxic LHG being transferred is above, at, or
cannot be mistaken for any aids to navigation and does not below any Permissible Exposure Limit listed in 29 CFR 1910.1000,
interfere with navigation on the adjacent waterways. Table Z-1 or Z-2.

(c) The outdoor lighting must provide a minimum average (c) Each gas detector required by paragraph (a) or (b) of this
illumination on a horizontal plane 1 meter (3.3 feet) above the section must serve to detect leaks, check structures for gas

250
accumulations, and indicate workers' exposure to toxic gases in (1) Has at least 48 hours' transfer experience with each LHG
the area. being transferred;

[CGD 88-049, 60 FR 39797, Aug. 3, 1995; 60 FR 49509, Sept. 26, (2) Knows the hazards of each LHG being transferred;
1995]
(3) Knows the rules of this subpart; and
127.1205 Emergency Shutdown.
(a) Each piping system used to transfer LHG or its vapors to or (4) Knows the procedures in the examined Operations Manual
from a vessel must have a quick-closing shutoff valve to stop the and the examined Emergency Manual.
flow of liquid and vapor from the waterfront facility handling LHG if
a transfer hose or loading arm fails. This valve may be the (b) Before a person in charge of transfers for a waterfront facility
isolation valve with a bleed connection required by 127.1101(c). handling LHG supervises a transfer of LHG, the operator of the
facility shall certify in writing that that person has met the
(b) The valve required by paragraph (a) of this section must be requirements in paragraph (a) of this section. The operator shall
located as near as practicable to the terminal manifold or loading- ensure that a copy of each current certification is available for
arm connection and must inspection at the facility.

(1) Close on loss of power; [CGD 88-049, 60 FR 39798, Aug. 3, 1995; 60 FR 49509, Sept. 26,
1995]
(2) Close from the time of activation in 30 seconds or less;
127.1302 Training.
(3) Be capable of local manual closing and remotely controlled (a) Each operator of a waterfront facility handling LHG shall
closing; and, ensure that each person assigned to act as a person in charge of
transfers for the facility has training in the following subjects:
(4) If the piping system is used to transfer a flammable LHG,
either have fusible elements that melt at less than 105 C (221 F) (1) Properties and hazards of each LHG being transferred to or
and activate the emergency shutdown, or have a sensor that from the facility.
performs the same function.
(2) Use of the gas detectors required by 127.1203.
(c) A remote actuator for each valve must be located in a place
accessible in an emergency, at least 15 meters (49.2 feet) from (3) Use of the equipment for respiratory protection required by
the terminal manifold or loading arm, and conspicuously marked 127.1209.
with its designated function. When activated, the actuator must
also automatically shut down any terminal pumps or compressors (4) Basic firefighting procedures, including the use of the portable
used to transfer LHG, or its vapors, to or from the vessel. fire extinguishers required by 127.1503.

[CGD 88-049, 60 FR 39797, Aug. 3, 1995; 60 FR 49509, Sept. 26, (5) Content and use of the examined Operations Manual and
1995] examined Emergency Manual.

127.1207 Warning Alarms. (6) The configuration and limitations of cargo systems of LHG
(a) Each marine transfer area for LHG must have a rotating or vessels.
flashing amber light that is visible for at least 1,600 meters (1 mile)
from the transfer connection in all directions. (7) Procedures for transferring LHG to and from LHG vessels.

(b) Each marine transfer area for LHG must also have a siren that (8) Procedures for response to a release of the LHG handled by
is audible for at least 1,600 meters (1 mile) from the transfer the facility.
connection in all directions.
(9) First aid for persons
(c) Each light and siren required by this section must be located
so as to minimize obstructions. If any obstruction will prevent any (i) With burns;
of these alarms from meeting paragraph (a) or (b) of this section,
the operator of the waterfront facility handling LHG shall propose (ii) Needing cardio-pulmonary resuscitation;
for approval by the local COTP additional or alternative warning
devices that provide an equivalent level of safety. (iii) Exposed to toxic liquid or toxic vapors (if a toxic LHG is
handled by the facility); and
[CGD 88-049, 60 FR 39798, Aug. 3, 1995; 60 FR 49509, Sept. 26,
1995] (iv) Needing transport to a medical facility.

127.1209 Respiratory Protection. (10) Restrictions on access to the marine transfer area for LHG.
Each waterfront facility handling LHG must provide equipment for
respiratory protection for each employee of the facility in the (b) Each person that receives training under paragraph (a) of this
marine transfer area for LHG during the transfer of one or more of section shall receive refresher training in the same subjects at
the following toxic LHGs; anhydrous ammonia, chlorine, least once every 5 years.
dimethylamine, ethylene oxide, methyl bromide, sulphur dioxide,
or vinyl chloride. The equipment must protect the wearer from the (c) The operator shall maintain, for each person trained, a record
LHG's vapor for at least 5 minutes. of all training provided under paragraphs (a) and (b) of this
section. The operator shall retain these records for the duration of
Operations the person's employment on the waterfront facility plus 12 months.

127.1301 Persons In Charge Of Transfers For The Facility: (d) Training conducted to comply with the hazard communication
Qualifications And Certification. programs required by the Occupational Safety and Health
(a) No person may serve, or use the services of any person, as a Administration (OSHA) of the Department of Labor [29 CFR
person in charge of transfers for the facility regulated under this 1910.120] or the Environmental Protection Agency (EPA) [40
subpart, unless that person CFR 311.1] may be used to satisfy the requirements in paragraph

251
(a) of this section, so far as the training addresses the response organizations;
requirements in paragraph (a) of this section.
(6) If the facility has personnel shelters, the place of and
127.1303 Compliance With Suspension Order. provisions in each shelter;
If the COTP issues to the owner or operator of a waterfront facility
handling LHG an order to suspend a transfer, no transfer may (7) If the facility has first-aid stations, the location of each station;
take place at the facility until the COTP withdraws the order.
(8) Emergency procedures for mooring and unmooring a vessel;
127.1305 Operations Manual. and,
Each Operations Manual must contain-
(9) If an off-site organization is to furnish emergency response, a
(a) A description of each liquid-transfer system and vapor transfer copy of the written agreement required by 127.1505(a)(2).
system, including each mooring area, transfer connection, and
(where installed) control room, and a diagram of the piping and (b) The employee-emergency plan and fire-prevention plan
electrical systems; required by OSHA in 29 CFR 1910.38 may be used to comply
with this section to the extent that they address the requirements
(b) The duties of each person assigned to transfers; specified in paragraphs (a) (1) through (9) of this section.

(c) The maximum relief-valve setting or MAWP of the transfer [CGD 88-049, 60 FR 39799, Aug. 3, 1995; 60 FR 49509, Sept. 26,
system; 1995]

(d) The telephone numbers of supervisors, persons in charge of 127.1309 Operations Manual And Emergency Manual: Use.
transfers for the facility, persons on watch in the marine transfer Each operator of a waterfront facility handling LHG shall ensure
area for LHG, and security personnel of the facility; that
(e) A description for each security system provided for the transfer
area; (a) No transfer is conducted unless the facility has an examined
Operations Manual and an examined Emergency Manual;
(f) A description of the training programs established under
127.1302; (b) Each transfer is conducted in accordance with the examined
Operations Manual; and
(g) The procedures to follow for security violations; and
(c) Each emergency response is conducted in accordance with
(h) For each LHG handled, the procedures for transfer that the examined Emergency Manual.
include-
127.1311 Motor Vehicles.
(1) Requirements for each aspect of the transfer (start-up, (a) When LHG is being transferred or stored in the marine transfer
gauging, cooldown, pumping, venting, and shutdown); area of a waterfront facility handling LHG, the operator shall
ensure that no person
(2) The maximum transfer rate;
(1) Stops or parks a motor vehicle in a space other than a
(3) The minimum transfer temperature; designated parking space;

(4) Requirements for firefighting equipment; and (2) Refuels a motor vehicle within the area; or

(5) Communication procedures. (3) Operates a vehicle or other mobile equipment that constitutes
a potential source of ignition within 15 meters (49.2 feet) of any
127.1307 Emergency Manual. storage container, manifold, loading arm, or independent mating
(a) Each Emergency Manual must contain flange containing a flammable liquid or vapor.

(1) For each LHG handled (b) If motor vehicles are permitted to stop in the marine transfer
area for LHG, the operator shall designate and mark parking
(i) A physical description of the LHG; spaces that

(ii) A description of the hazards of the LHG; (1) Do not block fire lanes;

(iii) First-aid procedures for persons exposed to the LHG or its (2) Do not impede any entrances or exits; and
vapors;
(3) Are not located within 15 meters (49.2 feet) of any storage
(iv) The procedures for response to a release of the LHG; and, container, manifold, loading arm, or independent mating flange
containing a flammable liquid or vapor.
(v) If the LHG is flammable, the procedures for fighting a fire
involving the LHG or its vapors; 127.1313 Storage Of Hazardous Materials.
(a) Each operator of a waterfront facility handling LHG shall
(2) A description of the emergency shutdown required by ensure that no materials listed in the table of hazardous materials
127.1205; under 49 CFR 172.101, except for the following, are stored in the
marine transfer area for LHG:
(3) The procedures for emergency shutdown;
(1) The LHG being transferred.
(4) A description of the number, kind, place, and use of the fire
equipment required by 127.1501(a) and of the portable fire (2) Fuel required by the vessel, or by emergency equipment in the
extinguishers required by 127.1503; area.

(5) The telephone numbers of local Coast Guard units, hospitals, (3) Oily wastes received from vessels.
fire departments, police departments, and other emergency-

252
(4) Solvents, lubricants, paints and similar materials in the amount (3) A list of the requirements in 127.1315 with the initials of both
required for one day's operations and maintenance. the person in charge aboard the vessel and the person in charge
for the facility after each requirement, indicating the fulfillment of
(b) The operator shall ensure that flammable liquids not stored in the requirement;
bulk are stored in accordance with Chapter 4 of NFPA 30.
(4) The signatures of both the person in charge aboard the vessel
127.1315 Preliminary Transfer Inspection. and the person in charge for the facility, and the date and time of
Before each transfer, the person in charge of transfer for the signing, indicating that they are both ready to begin transfer; and
facility shall
(5) The signature of each relief person in charge and the date and
(a) Inspect piping and equipment within the marine transfer area time of each relief.
for LHG to be used for transfer and ensure that it meets the
requirements in this part; (d) The person in charge of transfer for the facility shall give one
signed copy of the Declaration to the person in charge of transfer
(b) Determine the contents, pressure, temperature, and capacity aboard the vessel and retain the other.
of each storage tank to or from which LHG will be transferred, to
ensure that it is safe for transfer; (e) Each operator of a facility shall retain a signed copy of the
Declaration at the facility for 30 days after the transfer.
(c) Confer with the person in charge of transfer aboard the vessel,
to review and agree on 127.1319 Transfer Of LHG.
(a) The operator of a waterfront facility handling LHG shall notify
(1) The sequence of acts required for transfer; the COTP of the time and place of each transfer of LHG in bulk at
least 4 hours before it begins.
(2) The rate, maximum working pressure, and minimum working
temperature of transfer; (b) During transfer, each operator of a waterfront facility handling
LHG shall ensure that
(3) The duties, stations, and watches of each person assigned for
transfer; and (1) The marine transfer area for LHG is under the supervision of a
person in charge certified for transfers of LHG, who has no other
(4) The emergency procedures in the examined Emergency assigned duties during the transfer;
Manual;
(2) The person in charge supervises transfers only to or from one
(d) Ensure that the vessel is securely moored and that the vessel at a time unless authorized by the COTP.
transfer connections allow it to move to the limits of its moorings
without placing a strain on the piping, hose, or loading arm used (3) No person transferring fuel or oily waste is involved in the
for transfer; transfer; and

(e) Ensure that each part of the transfer system is aligned to allow (4) No vessel is moored outboard of any LHG vessel unless
the flow of LHG to the desired place; allowed by the COTP or the examined Operations Manual of the
facility.
(f) Ensure the display of the warning signs required by 127.1113;
(c) During transfer, each person in charge of transfer for the
(g) Ensure that the requirements of this part concerning smoking facility shall
and fire protection are met;
(1) Maintain communication with the person in charge of transfer
(h) Ensure that qualified personnel are on duty in accordance with aboard the LHG vessel;
the examined Operations Manual and 127.1301 and 127.1302;
and (2) Ensure that an inspection of the transfer piping and equipment
for leaks, frost, defects, and other threats to safety takes place at
(i) Test the following to determine that they are operable: least once every transfer;

(1) The communication system required by 127.1111. (3) Ensure that

(2) The gas detectors required by 127.1203. (i) Transfer of LHG is discontinued as soon as a release or fire is
detected in the area or aboard the vessel; and
127.1317 Declaration Of Inspection.
(a) Each person in charge of transfer for the facility shall ensure (ii) Transfer of flammable LHG is discontinued when electrical
that no person transfers LHG to or from a vessel until a storms or uncontrolled fires approach near the area; and
Declaration of Inspection that meets paragraph (c) of this section
is executed and signed by both the person in charge aboard the (4) Ensure that the outdoor lighting required by 127.1109 is
vessel and the person in charge for the facility. turned on between sunset and sunrise.

(b) No person in charge of transfer for the facility may sign the (d) Upon completion of transfer of LHG, each operator of a
Declaration unless that person has fulfilled the requirements of waterfront facility handling LHG shall ensure that hoses and
127.1315 and has indicated fulfillment of each requirement by loading arms used for transfer are drained of LHG residue and
writing his or her initials in the appropriate space on the depressurized before disconnecting from the vessel.
Declaration.
Note to 127.1319: Corresponding standards for vessels appear
(c) Each Declaration must contain at 46 CFR part 154.

(1) The name of the vessel and that of the facility; 127.1321 Release Of LHG.
(a) Each operator of a waterfront facility handling LHG shall
(2) The date and time that the transfer begins; ensure that-

253
(1) No person intentionally releases LHG into the environment; (1) The equipment continues to meet the applicable requirements
and in this subpart; and

(2) If a release of LHG or its vapor threatens vessels or persons (2) Safety is not compromised; and
outside the marine transfer area for LHG, they are notified by the
warning devices. (b) Welding and cutting meet NFPA 51B.

(b) If LHG or its vapor is released, the person in charge of transfer 127.1407 Tests.
for the facility shall- (a) Each operator of a waterfront facility handling LHG shall
conduct a static liquid-pressure test of the piping, hoses, and
(1) Immediately notify the person in charge of transfer aboard the loading arms of the LHG-transfer system located in the marine
vessel that transfer must be shut down; transfer area for LHG, and shall verify the set pressure of the
safety and relief valves-
(2) Shut down transfer in coordination with the person aboard the
vessel; (1) After the system or the valves are altered;
(3) Notify the COTP of the release; and
(2) After major repairs to the system or the valves;
(4) Not resume transfer until authorized by the COTP.
(3) After any increase in the MAWP of the system; and
127.1325 Access To Marine Transfer Area For LHG.
Each operator of a waterfront facility handling LHG shall ensure (4) At least once each calendar year, with intervals between tests
that- not exceeding 15 months.

(a) Access to the marine transfer area for LHG from shoreside (b) The pressure for the test under paragraph (a) of this section
and waterside is limited to- must be at least 1.1 times the MAWP and last for at least 30
minutes.
(1) Personnel who work in the area, transfer personnel, vessel
personnel, and delivery and service personnel in the course of (c) The operator shall conduct a test of each pressure gauge, to
their business; ensure that the displayed pressure is within 10 percent of the
actual pressure, at least once each calendar year, with intervals
(2) Federal, State, and local officials; and between tests not exceeding 15 months.

(3) (d) The operator shall conduct a test of each item of remote
operating or indicating equipment, such as a remotely operated
(a) Other persons authorized by the operator; valve, at least once each calendar year, with intervals between
tests not exceeding 15 months.
(b) Each person allowed into the area is positively identified as
someone authorized to enter and that each person other than an (e) The operator shall conduct a test of the emergency shutdown
employee of the facility displays an identifying badge; required by 127.1205 at least once every two months, to ensure
that it will perform as intended. If transfers of LHG occur less
(c) Guards are stationed, and fences or other devices are often than every two months, the operator may conduct this test
installed, to prevent, detect, and respond to unauthorized access, before each transfer instead of every two months.
fires, and releases of LHG in the area, except that alternative
measures approved by the COTP (such as electronic monitoring (f) The operator shall conduct a test of the warning alarm required
or random patrols) will be sufficient where the stationing of guards by 127.1207 at least once every six months, to ensure that it will
is impracticable; and perform as intended. If transfers of LHG occur less often than
every six months, the operator may conduct this test before each
(d) Coast Guard personnel are allowed access to the facility, at transfer instead of every six months.
any time, to make any examination or to board any vessel moored
at the facility. 127.1409 Records.
(a) Each operator of a waterfront facility handling LHG shall keep
Maintenance on file:

127.1401 General. (1) A description of the components inspected or tested under


Each operator of a waterfront facility handling LHG shall ensure 127.1403 or 127.1407.
that all cargo handling equipment is operable, and that no
equipment that may cause the release or ignition of LHG is used (2) The date and results of each inspection or test under
in the marine transfer area for LHG. 127.1403 or 127.1407.

127.1403 Inspections. (3) A description of any repair made after the inspection or test.
(a) Each operator of a waterfront facility handling LHG shall
conduct a visual inspection for defects of each pressure relief (4) The date and a description of each alteration or major repair to
device not capable of being tested. the LHG transfer system or its valves.

(b) The operator shall conduct the inspection required by (b) The operator shall keep this information on file for at least 24
paragraph (a) of this section at least once each calendar year, months after the inspection, test, alteration, or major repair.
with intervals between inspections not exceeding 15 months.
Firefighting Equipment
127.1405 Repairs.
Each operator of a waterfront facility handling LHG shall ensure 127.1501 General.
that (a) The number, kind, and place of equipment for fire detection,
protection, control, and extinguishment must be determined by an
(a) Equipment is repaired so that evaluation based upon sound principles of fire-protection
engineering, analysis of local conditions, hazards within the

254
waterfront facility handling LHG, and exposure to other property. 127.1509 Equipment For Controlling And Extinguishing
A description of the number, kind, place, and use of fire Fires.
equipment determined by this evaluation must appear in the (a) Within each marine transfer area for LHG of each waterfront
Emergency Manual for each facility. The evaluation for each new facility handling LHG that transfers a flammable LHG, portable or
facility and for all new construction on each existing facility must wheeled fire extinguishers suitable for gas fires, preferably dry
be submitted to the COTP for review when the emergency chemical extinguishers, must be available at strategic sites, as
manual is submitted under 127.1307. determined by the evaluation required by 127.1501(a).

(b) All fire equipment for each facility must be adequately (b) Fixed systems for extinguishing or controlling fires may be
maintained, and periodically inspected and tested, so it will appropriate for protection against particular hazards. The
perform as intended. evaluation required by 127.1501(a) may specify the use of one
or more of the following fixed systems:
(c) The following must be red or some other conspicuous color
and be in places that are readily accessible: (1) Low-, medium-, or high-expansion foam.

(1) Hydrants and standpipes. (2) Dry chemicals.

(2) Hose stations. (3) Water applied as deluge, spray, or sprinkle.

(3) Portable fire extinguishers. (4) Carbon dioxide.

(4) Fire monitors. (5) Other NFPA approved fire extinguishing media.

(d) Fire equipment must bear the approval, if applicable, of 127.1511 International Shore Connection.
Underwriters Laboratories, Inc., Factory Mutual Research Each marine transfer area for LHG that receives foreign flag
Corporation, or other independent laboratory recognized by NFPA. vessels must have an international shore connection meeting the
requirements of ASTM F 1121 (incorporated by reference, see
[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended by 127.003).
USCG-1999-5832, 64 FR 34714, June 29, 1999].
[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended by
127.1503 Portable Fire Extinguishers. USCG-2000-7223, 65 FR 40057, June 29, 2000]
Each operator of a waterfront facility handling LHG must provide
portable fire extinguishers of appropriate, number, size, and kind Fire Protection
in the marine transfer area for LHG in accordance with NFPA 10.
127.1601 Smoking.
127.1505 Emergency Response And Rescue. Each operator of a waterfront facility handling LHG shall ensure
(a) Each waterfront facility handling LHG must arrange for that no person smokes in the marine transfer area for LHG
emergency response and rescue pending the arrival of resources unless-
for firefighting or pollution control. Response and rescue may be
performed by facility personnel or by an off-site organization. (a) Neither flammable LHG nor its vapors are present in the area;
and
(1) If response and rescue are performed by facility personnel,
appropriate training and equipment for personnel protection must (b) The person is in a place designated and marked in
be furnished to those personnel. Training and equipment that accordance with local law.
meets 29 CFR 1910.120, hazardous-waste operations and
emergency response, will be appropriate. 127.1603 Hotwork.
Each operator of a waterfront facility handling LHG shall ensure
(2) If response and rescue are performed by an off-site that no person conducts welding, torch cutting, or other hotwork
organization, the organization must enter into a written agreement on the facility, or on a vessel moored to the facility, unless-
with the facility indicating the services it will perform and the time
within which it will perform them to injured or trapped personnel. (a) The COTP has issued a permit for that hotwork; and

(b) [Reserved] (b) The conditions of the permit are met.

127.1507 Water Systems For Fire Protection. 127.1605 Other Sources Of Ignition.
(a) Each waterfront facility handling LHG must have a supply of Each operator of a waterfront facility handling LHG shall ensure
water and a means for distributing and applying the water to that in the marine transfer area for LHG
protect personnel; to cool storage tanks, equipment, piping, and
vessels; and to control unignited leaks and spills in the marine (a) There are no open fires or open flame lamps;
transfer area for LHG except when the evaluation required by
127.1501(a) indicates otherwise. The evaluation must address (b) Heating equipment will not ignite combustible material;
fire protection for structures, cargo, and vessels. Each water
system must include on the pier or wharf at least one 2 1/2-inch (c) Each chimney and appliance has a spark arrestor if it uses
supply line, one 2 1/2-inch fire hydrant, and enough 2 1/2-inch solid fuel or is located where sparks may ignite combustible
hose to connect the hydrant to the vessel. material; and

(b) Each water system must fully and simultaneously supply, for (d) All rubbish, debris, and waste go into appropriate receptacles.
at least 2 hours, all fixed fire-protection systems, including monitor
nozzles, at their designed flow and pressure for the worst single [CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended by CGD
incident foreseeable, plus 63 L/s (1000 gpm) for streams from 97-023, 62 FR 33363, June 19, 1997]
hand-held hoses.

255
Part 128-Security Of Passenger Terminals
Table of Contents ons/ibr_locations.html. Copies may be obtained from IMO, 4
Albert Embankment, London SE1 7 SR.
Subpart A-General
(b) The materials approved for incorporation by reference in this
Sec. part and the sections affected are:
128.100 Does This Part Apply To Me?
128.110 Definitions. International Maritime Organization (IMO)
128.120 Incorporation By Reference.
4 Albert Embankment, London SE1 7SR
Subpart B-Security Program
MSC Circular 443, Measures to Prevent Unlawful Acts Against
128.200 What Must My Terminal Security Plan Cover? Passengers and Crews on Board Ships September 26, 1986
128.210 What Are The Responsibilities Of My Terminal Security 128.220, 128.300
Officer?
128.220 What Must I Do To Report An Unlawful Act And Related [CGD 91-012, 61 FR 37654, July 18, 1996, as amended by
Activity? USCG-2002-12471, 67 FR 41332, June 18, 2002; 69 FR 18803,
Apr. 9, 2004; USCG-2010-0351, 75 FR 36283, June 25, 2010;
Subpart C-Plans And Procedures For Terminal USCG-2014-0410, 79 FR 38434, July 7, 2013]
Security Subpart B-Security Program
128.300 What Is Required To Be In A Terminal Security Plan? 128.200 What Must My Terminal Security Plan Cover?
128.305 Who Must Submit A Terminal Security Plan? (a) If this part applies to your passenger terminal, you must
128.307 What Is The Procedure For Examination? implement for that terminal a program that-
128.309 What Do I Do If I Need To Amend My Terminal Security
Plan? (1) Provides for the safety and security of persons and property in
128.311 What Is My Right Of Appeal? the terminal and aboard each passenger vessel subject to part
120 of this chapter moored at the terminal, against unlawful acts;
Authority:33 U.S.C. 1231; 49 CFR 1.46.
(2) Prevents or deters the carriage aboard any such vessel
Source:CGD 91-012, 61 FR 37654, July 18, 1996, unless moored at the terminal of any prohibited weapon, incendiary, or
otherwise noted. explosive on or about any person or within his or her personal
articles or baggage, and the carriage of any prohibited weapon,
incendiary, or explosive in stowed baggage, cargo, or stores;
Subpart A-General
(3) Prevents or deters unauthorized access to any such vessel
128.100 Does This Part Apply To Me? and to restricted areas in the terminal;
This part applies to all passenger terminals in the United States or
its territories when being used for the assembling, processing, (4) Provides appropriate security measures for Security Levels I,
embarking, or disembarking of passengers or baggage for II, and III that allow for increases in security when the
passenger vessels over 100 gross tons, carrying more than 12 Commandant or Captain of the Port (COTP) advises you that a
passengers for hire; making a voyage lasting more than 24 hours, threat of an unlawful act exists and may affect the terminal, a
any part of which is on the high seas. It does not apply to vessel, or any person aboard the vessel or terminal;
terminals when serving ferries that hold Coast Guard Certificates
of Inspection endorsed for Lakes, Bays, and Sounds, and that (5) Designates, by name, a security officer for the terminal;
transit international waters for only short periods of time, on
frequent schedules. (6) Provides for the evaluation of all security personnel of the
terminal, before hiring, to determine suitability for employment;
128.110 Definitions. and
The definitions in part 120 of this chapter apply to this part, except
for the definition of You. As used in this part: (7) Provides for coordination with vessel security while any
passenger vessel subject to part 120 of this chapter is moored at
You means the owner or operator of a passenger terminal. the terminal.

[CGD 91-012, 63 FR 53591, Oct. 6, 1998] (b) If this part applies to your passenger terminal, you must work
with the operator of each passenger vessel subject to part 120 of
128.120 Incorporation By Reference. this chapter, to provide security for the passengers, the terminal,
(a) Certain material is incorporated by reference into this part with and the vessel. You need not duplicate any provisions fulfilled by
the approval of the Director of the Federal Register in accordance the vessel unless directed to by the COTP. When a provision is
with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition fulfilled by a vessel, the applicable section of the Terminal
other than that specified in paragraph (b) of this section, the Security Plan required by 128.300 must refer to that fact.
Coast Guard must publish notice of change in the Federal
Register and must make the material available to the public. All [CGD 91-012, 63 FR 53591, Oct. 6, 1998]
approved material may be inspected at the Coast Guard
Headquarters. Contact Commandant (CG-ENG), Attn: Office of 128.210 What Are The Responsibilities Of My Terminal
Design and Engineering Standards, U.S. Coast Guard Stop 7509, Security Officer?
2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593- (a) If this part applies to your passenger terminal, you must
7509. You may also contact the National Archives and Records designate a security officer for the terminal.
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: (b) This officer must ensure that-
http://www.archives.gov/federal_register/code_of_federal_regulati

256
(1) An initial comprehensive security survey is conducted and each vessel that embarks or disembarks passengers at the
updated; terminal; and

(2) The Terminal Security Plan required by 128.300 is (6) Provide information to employees of the terminal and to law-
implemented and maintained, and that amendments to correct its enforcement personnel, in case of an incident affecting security.
deficiencies and satisfy the security requirements of the terminal
are proposed; (c) You must amend the Terminal Security Plan to address any
known deficiencies.
(3) Adequate training for personnel responsible for security is
provided; (d) You must restrict the distribution, disclosure, and availability of
information contained in the Terminal Security Plan to those
(4) Regular security inspections of the terminal are conducted; persons with an operational need to know.

(5) Vigilance is encouraged, as well as is general awareness of [CGD 91-012, 63 FR 53592, Oct. 6, 1998]
security, at the terminal;
128.305 Who Must Submit A Terminal Security Plan?
(6) All occurrences or suspected occurrences of unlawful acts and (a) The owner or operator of the vessel must submit a Terminal
related activities are reported under 128.220 and records of the Security Plan whenever-
incident are maintained; and
(1) There is an agreement with you that the owner or operator of
(7) Coordination, for implementation of the Terminal Security Plan the vessel will submit the Plan;
required by 128.300, takes place with the vessel security officer
of each vessel that embarks or disembarks passengers at the (2) The owner or operator of the vessel has exclusive use of the
terminal. pier and terminal building immediately adjacent to the pier and
has complete control of that area;
[CGD 91-012, 63 FR 53592, Oct. 6, 1998]
(3) There is no terminal; or
128.220 What Must I Do To Report An Unlawful Act And
Related Activity? (4) Passengers embark or disembark but no baggage or stores
(a) Either you or the terminal security officer must report each are loaded or offloaded.
breach of security, unlawful act, or threat of an unlawful act
against the terminal, a passenger vessel subject to part 120 of (b) In the situations described in paragraphs (a)(3) and (4) of this
this chapter destined for or moored at that terminal, or any person section, the owner or operator of the vessel may, with the
aboard the terminal or vessel, to the COTP, to the local office of permission of the cognizant COTP, use an annex to the vessel's
the Federal Bureau of Investigation (FBI), and to the local police security plan instead of a Terminal Security Plan.
agency having jurisdiction over the terminal.
(c) You must submit a Terminal Security Plan whenever-
(b) Either you or the terminal security officer must file a written
report of the incident using the form "Report on an Unlawful Act," (1) There is an agreement with the owner or operator of the
contained in IMO MSC Circular 443, as soon as possible, to the vessel that you will submit the Plan;
local COTP.
(2) No security agreement exists; or
[CGD 91-012, 63 FR 53592, Oct. 6, 1998]
(3)(i) At least one vessel other than a passenger vessel uses the
Subpart C-Plans And Procedures For Terminal terminal;
Security
(3)(ii) More than one passenger vessel line uses the terminal; or
128.300 What Is Required To Be In A Terminal Security Plan?
(a) If your passenger terminal is subject to this part, you must (3)(iii) The terminal loads or offloads baggage or stores.
develop and maintain, in writing, for that terminal, an appropriate
Terminal Security Plan that articulates the program required by [CGD 91-012, 63 FR 53592, Oct. 6, 1998]
128.200.
128.307 What Is The Procedure For Examination?
(b) The Terminal Security Plan must be developed and (a) Unless a plan for your passenger terminal will be submitted by
maintained under the guidance in IMO MSC Circular 443 and an entity other than yourself under 128.305 or 120.303 of this
must address the security of passengers aboard passenger chapter, you must submit two copies of each Terminal Security
vessels subject to part 120 of this chapter, of members of crews Plan required by 128.300 to the COTP for examination at least
of such vessels, and of employees of the terminal, by establishing 60 days before transferring passengers to or from a vessel
security measures to take for Security Levels I, II, and III, to- subject to part 120 of this chapter.

(1) Deter unauthorized access to the terminal and its restricted (b) If the COTP finds that the Terminal Security Plan meets the
areas and to any passenger vessel moored at the terminal; requirements of 128.300, he or she will return a copy to you
marked "Examined by the Coast Guard."
(2) Deter the introduction of prohibited weapons, incendiaries, and
explosives into the terminal and its restricted areas and onto any (c) If the COTP finds that the Terminal Security Plan does not
passenger vessel moored at the terminal; meet the requirements of 128.300, he or she will return the Plan
with an explanation of why it does not meet them.
(3) Encourage vigilance, as well as general awareness of security,
at the terminal; (d) No terminal subject to this part may transfer passengers to or
from a passenger vessel subject to part 120 of this chapter,
(4) Provide adequate security training to employees of the unless it holds either a Terminal Security Plan that we have
terminal; examined or a letter from the COTP stating that we are currently
reviewing the Plan and that normal operations may continue until
(5) Coordinate responsibilities for security with the operator of the COTP has determined whether the Plan meets the

257
requirements of 128.300. you at least 60 days to submit proposed amendments.

[CGD 91-012, 63 FR 53592, Oct. 6, 1998] (d) If there is an emergency or other circumstance that makes the
procedures in paragraph (c) of this section impracticable, the
128.309 What Do I Do If I Need To Amend My Terminal COTP may give you an order to implement increases in security
Security Plan? immediately. The order will incorporate a statement of the
(a) If your passenger terminal is subject to this part, you must reasons for it.
amend your Terminal Security Plan when directed by the COTP,
and may amend it on your own initiative. [CGD 91-012, 63 FR 53593, Oct. 6, 1998]

(b) You must submit each proposed amendment to the Terminal 128.311 What Is My Right Of Appeal?
Security Plan you initiate to the COTP for review at least 30 days Any person directly affected by a decision or action taken by the
before the amendment is to take effect, unless he or she allows a COTP under this part, may appeal that action or decision to the
shorter period. The COTP will examine the amendment and cognizant District Commander according to the procedures in 46
respond according to 128.307. CFR 1.03-15; the District Commander's decision on appeal may
be further appealed to the Commandant according to the
(c) The COTP may direct you to amend your Terminal Security procedures in 46 CFR 1.03-25.
Plan if he or she determines that implementation of the Plan is not
providing effective security. Except in an emergency, he or she [CGD 91-012, 61 FR 37654, July 18, 1996. Redesignated by
will issue you a written notice of matters to address and will allow CGD 91-012, 63 FR 53592, Oct. 6, 1998]

258
Part 136-Oil Spill Liability Trust Fund; Claims Procedures;
Designation Of Source; And Advertisement
Table of Contents 136.301 Purpose.
136.303 Definitions.
Subpart AGeneral Designation Of Source
Sec.
136.305 Notice Of Designation.
136.1 Purpose And Applicability.
136.307 Denial Of Designation.
136.3 Information.
136.5 Definitions.
136.7 Foreign Claimants.
Advertisement
136.9 Falsification Of Claims. 136.309 Advertisement Determinations.
136.311 Types Of Advertisement.
Subpart B-General Procedure 136.313 Content Of Advertisement.
136.101 Time Limitations On Claims.
Authority: 33 U.S.C. 2713(e) and 2714; Sec. 1512 of the
136.103 Order Of Presentment.
Homeland Security Act of 2002, Pub. L. 107-296, Title XV, Nov.
136.105 General Requirements For A Claim.
25, 2002, 116 Stat. 2310 (6 U.S.C. 552(d)); E.O. 12777, 56 FR
136.107 Subrogated Claims.
54757, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286,
136.109 Removal Costs And Multiple Items Of Damages.
68 FR 10619, 3 CFR, 2004 Comp., p.166; Department of
136.111 Insurance.
Homeland Security Delegation No. 0170.1, para. 2(80).
136.113 Other Compensation.
136.115 Settlement And Notice To Claimant.
Source: CGD 91-035, 57 FR 36316, Aug. 12, 1992, unless
otherwise noted.
Subpart C-Procedures For Particular Claims
Removal Costs
Subpart AGeneral
136.201 Authorized Claimants.
136.203 Proof. 136.1 Purpose And Applicability.
136.205 Compensation Allowable. (a) This part prescribes regulations for-

Natural Resources (1) Presentation, filing, processing, settlement, and adjudication of


claims authorized to be presented to the Oil Spill Liability Trust
136.207 Authorized Claimants. Fund (the Fund) under section 1013 of the Oil Pollution Act of
136.209 Proof. 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated
136.211 Compensation Allowable. removal costs or uncompensated damages resulting from the
discharge, or substantial threat of discharge, of oil from a vessel
Real Or Personal Property or facility into or upon the navigable waters, adjoining shorelines,
or the exclusive economic zone;
136.213 Authorized Claimants.
136.215 Proof. (2) Designation of the source of the incident, notification to the
136.217 Compensation Allowable. responsible party of the designation, and advertisement of the
designation and claims procedures; and
Subsistence Use
(3) Other related matters.
136.219 Authorized Claimants.
136.221 Proof.
(b) This part applies to claims resulting from incidents occurring
136.223 Compensation Allowable.
after August 18, 1990.
Government Revenues
(c) Nothing in this part-
136.225 Authorized Claimants.
136.227 Proof. (1) Preempts the authority of any State or political subdivision
136.229 Compensation Allowable. thereof from imposing any additional liability or requirements with
respect to-
Profits And Earning Capacity
(1)(i) The discharge of oil or other pollution by oil within such
136.231 Authorized Claimants. State; or
136.233 Proof.
136.235 Compensation Allowable. (1)(ii) Any removal activities in connection with such a discharge;
or
Government Public Services
(2) Affects or modifies in any way the obligations or liabilities of
136.237 Authorized Claimants. any person under the Solid Waste Disposal Act (42 U.S.C. 6901
136.239 Proof. et seq.) or State law, including common law; or
136.241 Compensation Allowable.
(3) Affects the authority of any State-
Subpart D-Designation Of Source And
Advertisement (3)(i) To establish, or to continue in effect, a fund any purpose of
which is to pay for costs or damages arising out of, or directly
General resulting from, oil pollution or the substantial threat of oil pollution;

259
or Subpart B-General Procedure
(3)(ii) To require any person to contribute to such a fund; or 136.101 Time Limitations On Claims.
(a) Except as provided under section 1012(h)(3) of the Act (33
(4) Affects the authority of the United States or any State or U.S.C. 2712(h)(3)) (minors and incompetents), the Fund will
political subdivision thereof to impose additional liability or consider a claim only if presented in writing to the Director, NPFC,
additional requirements relating to a discharge, or substantial within the following time limits:
threat of a discharge, of oil.
(1) For damages, within three years after
136.3 Information.
Anyone desiring to file a claim against the Fund may obtain (i) The date on which the injury and its connection with the
general information on the procedure for filing a claim from the incident in question were reasonably discoverable with the
Director, National Pollution Funds Center, NPFC MS 7100, U.S. exercise of due care.
Coast Guard, 4200 Wilson Blvd., Suite 1000, Arlington, VA
20598-7100, (800) 280-7118. (ii) In the case of natural resources damages under section
1002(b)(2)(A) of the Act (33 U.S.C. 2702(b)(2)(A)), the date under
[CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by paragraph (a)(1)(i) of this section, or within three years from the
USCG-2009-0416, 74 FR 27441, June 10, 2009; USCG-2012- date of completion of the natural resources damage assessment
0306, 77 FR 37315, June 21, 2012] under section 1006(e) of the Act (33 U.S.C. 2706(e)), whichever
is later.
136.5 Definitions
(a) As used in this part, the following terms have the same (2) For removal costs, within six years after the date of completion
meaning as set forth in sections 1001 and 1007(c) of the Act (33 of all removal actions for the incident. As used in this paragraph,
U.S.C. 2701 and 2707(c)): Claim, claimant, damages, discharge, date of completion of all removal actions is defined as the actual
exclusive economic zone, facility, foreign claimant, foreign date of completion of all removal actions for the incident or the
offshore unit, Fund, guarantor, incident, National Contingency date the FOSC determines that the removal actions which form
Plan, natural resources, navigable waters, offshore facility, oil, the basis for the costs being claimed are completed, whichever is
onshore facility, owner or operator, person, removal costs, earlier.
responsible party, State, United States, and vessel.
(b) Unless the Director, NPFC, directs in writing that the claim be
(b) As used in this part submitted elsewhere, a claim is deemed presented on the date
the claim is actually received at the Director, National Pollution
Act means title I of the Oil Pollution Act of 1990 (Pub. L. 101-380; Funds Center, NPFC MS 7100, U.S. Coast Guard, 4200 Wilson
33 U.S.C. 2701 through 2719). Blvd., Suite 1000, Arlington, VA 20598-7100. If the Director,
NPFC, directs that the claim be presented elsewhere, the claim is
Director, NPFC, means the person in charge of the U.S. Coast deemed presented on the date the claim is actually received at
Guard National Pollution Funds Center or that person's the address in the directive.
authorized representative.
[CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9,
FOSC means the Federal On-Scene Coordinator designated 1992, as amended by USCG-2009-0416, 74 FR 27441, June 10,
under the National Contingency Plan or that person's authorized 2009; USCG-2012-0306, 77 FR 37315, June 21, 2012]
representative.
136.103 Order Of Presentment.
NPFC means the Director, National Pollution Funds Center, (a) Except as provided in paragraph (b) of this section, all claims
NPFC MS 7100, U.S. Coast Guard, 4200 Wilson Blvd., Suite for removal costs or damages must be presented first to the
1000, Arlington, VA 20598-7100. responsible party or guarantor of the source designated under
136.305.
[CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by
USCG-2009-0416, 74 FR 27441, June 10, 2009; USCG-2012- (b) Claims for removal costs or damages may be presented first
0306, 77 FR 37315, June 21, 2012] to the Fund only-

136.7 Foreign Claimants. (1) By any claimant, if the Director, NPFC, has advertised, or
In addition to other applicable limitations on presenting claims to otherwise notified claimants in writing, in accordance with
the Fund, claims by foreign claimants to recover removal costs or 136.309(e);
damages may be presented only when the requirements of
section 1007 of the Act (33 U.S.C. 2707) are met. (2) By a responsible party who may assert a claim under section
1008 of the Act (33 U.S.C. 2708);
136.9 Falsification Of Claims.
Persons submitting false claims or making false statements in (3) By the Governor of a State for removal costs incurred by that
connection with claims under this part may be subject to State; or
prosecution under Federal law, including but not limited to 18
U.S.C. 287 and 1001. In addition, persons submitting written (4) By a United States claimant in a case where a foreign offshore
documentation in support of claims under this part which they unit has discharged oil causing damage for which the Fund is
know, or should know, is false or omits a material fact may be liable under section 1012(a) of the Act (33 U.S.C. 2712(a)).
subject to a civil penalty for each claim. If any payment is made
on the claim, the claimant may also be subject to an assessment (c) If a claim is presented in accordance with paragraph (a) of this
of up to twice the amount claimed. These civil sanctions may be section and-
imposed under the Program Fraud Civil Remedies Act, 31 U.S.C.
3801-3812, as implemented in 6 CFR part 13. (1) Each person to whom the claim is presented denies all liability
for the claim; or
[CGD 91-035, 57 FR 36316, Aug. 12, 1992, as amended by CGD
96-052, 62 FR 16703, Apr. 8, 1997; USCG-2013-0397, 78 FR (2) The claim is not settled by any person by payment within 90
39175, July 1, 2013] days after the date upon which

260
(A) the claim was presented, or the full name, street and mailing address, and telephone number
of each witness to the incident, to the discharge, or to the removal
(B) advertising was begun pursuant to 136.309(d), whichever is costs or damages claimed, along with a brief description of that
later, the claimant may elect to commence an action in court person's knowledge.
against the responsible party or guarantor or to present the claim
to the Fund. (10) A copy of written communications and the substance of
verbal communications, if any, between the claimant and the
(d) No claim of a person against the Fund will be approved or responsible party or guarantor of the source designated under
certified for payment during the pendency of an action by the 136.305 and a statement indicating that the claim was presented
person in court to recover costs which are the subject of the claim. to the responsible party or guarantor, the date it was presented,
that it was denied or remains not settled and, if known, the reason
[CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 9, why it was denied or remains not settled.
1992]
(11) If the claimant has insurance which may cover the removal
136.105 General Requirements For A Claim. costs or damages claimed, the information required under
(a) The claimant bears the burden of providing all evidence, 136.111.
information, and documentation deemed necessary by the
Director, NPFC, to support the claim. (12) A statement by the claimant that no action has been
commenced in court against the responsibile party or guarantor of
(b) Each claim must be in writing for a sum certain for the source designated under 136.305 or, if an action has been
compensation for each category of uncompensated damages or commenced, a statement identifying the claimant's attorney and
removal costs (as described in Subpart C of this part) resulting the attorney's address and phone number, the civil action number,
from an incident. If at any time during the pendency of a claim and the court in which the action is pending.
against the Fund the claimant receives any compensation for the
claimed amounts, the claimant shall immediately amend the claim. (13) In the discretion of the Director, NPFC, any other information
deemed relevant and necessary to properly process the claim for
(c) Each claim must be signed in ink by the claimant certifying to payment.
the best of the claimant's knowledge and belief that the claim
accurately reflects all material facts. 136.107 Subrogated Claims.
(a) The claims of subrogor (e.g., insured) and subrogee (e.g.,
(d) In addition to the other requirements of this section, any claim insurer) for removal costs and damages arising out of the same
presented by a legal representative of the claimant must also be incident should be presented together and must be signed by all
signed by the legal representative and- claimants.

(1) Be presented in the name of the claimant; (b) A fully subrogated claim is payable only to the subrogee.

(2) Show the title or legal capacity of the representative; and (c) A subrogee must support a claim in the same manner as any
other claimant.
(3) Provide proof of authority to act for the claimant.
136.109 Removal Costs And Multiple Items Of Damages.
(e) Each claim must include at least the following, as applicable: (a) A claimant must specify all of the claimant's known removal
costs or damages arising out of a single incident when submitting
(1) The full name, street and mailing addresses of residence and a claim.
business, and telephone numbers of the claimant.
(b) Removal costs and each separate category of damages (as
(2) The date, time, and place of the incident giving rise to the described in subpart C of this part) must be separately listed with
claim. a sum certain attributed to each type and category listed.

(3) The identity of the vessel, facility, or other entity causing or (c) At the sole discretion of the Director, NPFC, removal costs and
suspected to have caused the removal costs or damages claimed each separate category of damages may be treated separately for
and the basis for such identity or belief. settlement purposes.

(4) A general description of the nature and extent of the impact of 136.111 Insurance.
the incident, the costs associated with removal actions, and (a) A claimant shall provide the following information concerning
damages claimed, by category as delineated in Subpart C of this any insurance which may cover the removal costs or damages for
part, including, for any property, equipment, or similar item which compensation is claimed:
damaged, the full name, street and mailing address, and
telephone number of the actual owner, if other than the claimant. (1) The name and address of each insurer.

(5) An explanation of how and when the removal costs or (2) The kind and amount of coverage.
damages were caused by, or resulted from, an incident.
(3) The policy number.
(6) Evidence to support the claim.
(4) Whether a claim has been or will be presented to an insurer
(7) A description of the actions taken by the claimant, or other and, if so, the amount of the claim and the name of the insurer.
person on the claimant's behalf, to avoid or minimize removal
costs or damages claimed. (5) Whether any insurer has paid the claim in full or in part or has
indicated whether or not payment will be made.
(8) The reasonable costs incurred by the claimant in assessing
the damages claimed. This includes the reasonable costs of (b) If requested by the Director, NPFC, the claimant shall provide
estimating the damages claimed, but not attorney's fees or other a copy of the following material:
administrative costs associated with preparation of the claim.
(1) All insurance policies or indemnification agreements.
(9) To the extent known or reasonably identifiable by the claimant,

261
(2) All written communications, and a summary of all oral (b) That the removal costs were incurred as a result of these
communications, with any insurer or indemnifier. actions;

(c) A claimant shall advise the Director, NPFC, of any changes in (c) That the actions taken were determined by the FOSC to be
the information provided under this section. consistent with the National Contingency Plan or were directed by
the FOSC.
136.113 Other Compensation.
A claimant must include an accounting, including the source and 136.205 Compensation Allowable.
value, of all other compensation received, applied for, or The amount of compensation allowable is the total of
potentially available as a consequence of the incident out of which uncompensated reasonable removal costs of actions taken that
the claim arises including, but not limited to, monetary payments, were determined by the FOSC to be consistent with the National
goods or services, or other benefits. Contingency Plan or were directed by the FOSC. Except in
exceptional circumstances, removal activities for which costs are
136.115 Settlement And Notice To Claimant. being claimed must have been coordinated with the FOSC.
(a) Payment in full, or acceptance by the claimant of an offer of
settlement by the Fund, is final and conclusive for all purposes Natural Resources
and, upon payment, constitutes a release of the Fund for the
claim. In addition, acceptance of any compensation from the Fund 136.207 Authorized Claimants.
precludes the claimant from filing any subsequent action against (a) Claims for uncompensated natural resource damages may be
any person to recover costs or damages which are the subject of presented by an appropriate natural resources trustee. However,
the compensated claim. Acceptance of any compensation also in order to facilitate the processing of these claims with respect to
constitutes an agreement by the claimant to assign to the Fund a single incident where multiple trustees are involved and to
any rights, claims, and causes of action the claimant has against prevent double recovery, the affected trustees should select a
any person for the costs and damages which are the subject of lead administrative trustee who will present consolidated claims
the compensated claims and to cooperate reasonably with the on behalf of the trustees.
Fund in any claim or action by the Fund against any person to
recover the amounts paid by the Fund. The cooperation shall (b) A trustee may present a claim for the reasonable cost of
include, but is not limited to, immediately reimbursing the Fund for assessing natural resources damages separately from a claim for
any compensation received from any other source for the same the cost of developing and implementing plans for the restoration,
costs and damages and providing any documentation, evidence, rehabilitation, replacement, or acquisition of the equivalent of the
testimony, and other support, as may be necessary for the Fund natural resources damaged.
to recover from any person.
136.209 Proof.
(b) Claimant's failure to accept an offer of settlement within 60 In addition to the requirements of subparts A and B of this part, a
days after the date the offer was mailed to the claimant trustee must do the following:
automatically voids the offer. The Director, NPFC, reserves the
right to revoke an offer at any time. (a) Submit the assessment and restoration plans which form the
basis of the claim.
(c) A claimant will be notified in writing sent by certified or
registered mail whenever a claim against the Fund is denied. The (b) Provide documented costs and cost estimates for the claim.
failure of the Director, NPFC, to make final disposition of a claim Final cost estimates for conducting damage assessments or
within six months after it is filed shall, at the option of the claimant implementing a restoration plan may form the basis for a claim
any time thereafter, be deemed a final denial of the claim. against the Fund for an uncompensated natural resources
damage claim.
(d) The Director, NPFC, upon written request of the claimant or of
a person duly authorized to act on the claimant's behalf, (c) Identify all trustees who may be potential claimants for the
reconsiders any claim denied. The request for reconsideration same natural resources damaged.
must be in writing and include the factual or legal grounds for the
relief requested, providing any additional support for the claim. (d) Certify the accuracy and integrity of any claim submitted to the
The request must be received by the Director, NPFC, within 60 Fund, and certify that any actions taken or proposed were or will
days after the date the denial was mailed to the claimant or within be conducted in accordance with the Act and consistent with all
30 days after receipt of the denial by the claimant, whichever date applicable laws and regulations.
is earlier. Reconsideration may only be requested once for each
claim denied. The Director, NPFC will provide the claimant (e) Certify whether the assessment was conducted in accordance
seeking reconsideration with written notification of the decision with applicable provisions of the natural resources damage
within 90 days after receipt of the request for reconsideration. assessment regulations promulgated under section 1006(e)(1) of
This written decision is final. The failure of the Director, NPFC, to the Act (33 U.S.C. 2706(e)(1)). Identify any other or additional
make final disposition of a reconsideration within 90 days after it damage assessment regulations or methodology utilized.
is received shall, at the option of the claimant any time thereafter,
be deemed a final denial of the reconsideration. (f) Certify that, to the best of the trustees knowledge and belief,
no other trustee has the right to present a claim for the same
Subpart C-Procedures For Particular Claims natural resources damages and that payment of any subpart of
the claim presented would not constitute a double recovery for the
Removal Costs same natural resources damages.

136.201 Authorized Claimants. 136.211 Compensation Allowable.


A claim for removal costs may be presented by any claimant. (a) The amount of compensation allowable is the reasonable cost
of assessing damages, and the cost of restoring, rehabilitating,
136.203 Proof. replacing, or acquiring the equivalent of the damaged natural
In addition to the requirements of Subparts A and B of this part, a resources.
claimant must establish-
(b) In addition to any other provision of law respecting the use of
(a) That the actions taken were necessary to prevent, minimize, sums recovered for natural resources damages, trustees shall
or mitigate the effects of the incident; reimburse the Fund for any amounts received from the Fund in

262
excess of that amount required to accomplish the activities for be presented only by a claimant who actually uses, for
which the claim was paid. subsistence, the natural resources which have been injured,
destroyed, or lost, without regard to the ownership or
Real or Personal Property management of the resources.

136.213 Authorized Claimants. (b) A claim for loss of profits or impairment of earning capacity
(a) A claim for injury to, or economic losses resulting from the due to loss of subsistence use of natural resources must be
destruction of, real or personal property may be presented only by included as part of the claim under this section and must include
a claimant either owning or leasing the property. the proof required under 136.233.

(b) Any claim for loss of profits or impairment of earning capacity 136.221 Proof.
due to injury to, destruction of, or loss of real or personal property In addition to the requirements of subparts A and B of this part, a
must be included as subpart of the claim under this section and claimant must provide
must include the proof required under 136.233.
(a) The identification of each specific natural resource for which
136.215 Proof. compensation for loss of subsistence use is claimed;
(a) In addition to the requirements of subparts A and B of this part,
a claimant must establish (b) A description of the actual subsistence use made of each
specific natural resource by the claimant;
(1) An ownership or leasehold interest in the property;
(c) A description of how and to what extent the claimants
(2) That the property was injured or destroyed; subsistence use was affected by the injury to or loss of each
specific natural resource;
(3) The cost of repair or replacement; and
(d) A description of each effort made by the claimant to mitigate
(4) The value of the property both before and after injury the claimants loss of subsistence use; and
occurred.
(e) A description of each alternative source or means of
(b) In addition, for each claim for economic loss resulting from subsistence available to the claimant during the period of time for
destruction of real or personal property, the claimant must which loss of subsistence is claimed, and any compensation
establish available to the claimant for loss of subsistence.

(1) That the property was not available for use and, if it had been, 136.223 Compensation Allowable.
the value of that use; (a) The amount of compensation allowable is the reasonable
replacement cost of the subsistence loss suffered by the claimant
(2) Whether or not substitute property was available and, if used, if, during the period of time for which the loss of subsistence is
the costs thereof; and claimed, there was no alternative source or means of subsistence
available.
(3) That the economic loss claimed was incurred as the result of
the injury to or destruction of the property. (b) The amount of compensation allowable under paragraph (a) of
this section must be reduced by
136.217 Compensation Allowable.
(a) The amount of compensation allowable for damaged property (1) All compensation made available to the claimant to
is the lesser of compensate for subsistence loss;

(1) Actual or estimated net cost of repairs necessary to restore (2) All income which was derived by utilizing the time which
the property to substantially the same condition which existed otherwise would have been used to obtain natural resources for
immediately before the damage; subsistence use; and

(2) The difference between value of the property before and after (3) Overheads or other normal expenses of subsistence use not
the damage; or incurred as a result of the incident.

(3) The replacement value. (c) Compensation for a claim for loss of profits or impairment of
earning capacity under 136.219(b) is limited to that allowable
(b) Compensation for economic loss resulting from the destruction under 136.235.
of real or personal property may be allowed in an amount equal to
the reasonable costs actually incurred for use of substitute Government Revenues
commercial property or, if substitute commercial property was not
reasonably available, in an amount equal to the net economic loss 136.225 Authorized Claimants.
which resulted from not having use of the property. When A claim for net loss of revenue due to the injury, destruction, or
substitute commercial property was reasonably available, but not loss of real property, personal property, or natural resources may
used, allowable compensation for loss of use is limited to the cost be presented only by an appropriate claimant sustaining the loss.
of the substitute commercial property, or the property lost, As used in this section and 136.277, revenue means taxes,
whichever is less. Compensation for loss of use of noncommercial royalties, rents, fees, and net profit shares.
property is not allowable.
136.227 Proof.
(c) Compensation for a claim for loss of profits or impairment of In addition to the requirements of Subparts A and B, a claimant
earning capacity under 136.213(b) is limited to that allowable must establish
under 136.235.
(a) The identification and description of the economic loss for
Subsistence Use which compensation is claimed, including the applicable authority,
property affected, method of assessment, rate, and method and
136.219 Authorized Claimants. dates of collection;
(a) A claim for loss of subsistence use of natural resources may

263
(b) That the loss of revenue was due to the injury to, destruction Government Public Service
of, or loss of real or personal property or natural resources;
136.237 Authorized Claimants.
(c) The total assessment or revenue collected for comparable A claim for net costs of providing increased or additional public
revenue periods; and services during or after removal activities, including protection
from fire, safety, or health hazards, caused by a discharge of oil
(d) The net loss of revenue. may be presented only by a State or a political subdivision of a
State incurring the costs.
136.229 Compensation Allowable.
The amount of compensation allowable is the total net revenue 136.239 Proof.
actually lost. In addition to the requirements of subparts A and B of this part, a
claimant must establish
Profits and Earning Capacity
(a) The nature of the specific public services provided and the
136.231 Authorized Claimants. need for those services;
(a) A claim for loss of profits or impairment of earning capacity
due to the injury to, destruction of, or loss of real or personal (b) That the services occurred during or after removal activities;
property or natural resources may be presented by a claimant
sustaining the loss or impairment. The claimant need not be the (c) That the services were provided as a result of a discharge of
owner of the damaged property or resources to recover for lost oil and would not otherwise have been provided; and
profits or income.
(d) The net cost for the services and the methods used to
(b) A claim for loss of profits or impairment of earning capacity compute those costs.
that also involves a claim for injury to, or economic losses
resulting from destruction of, real or personal property must be 136.241 Compensation Allowable.
claimed under 136.213. The amount of compensation allowable is the net cost of the
increased or additional service provided by the State or political
(c) A claim for loss of profits or impairment of earning capacity subdivision.
that also involves a claim for loss of subsistence use of natural
resources must be claimed under 136.219. Subpart D Designation of Source and
136.233 Proof.
Advertisement
In addition to the requirements of subparts A and B of this part, a
claimant must establish the following:
General
136.301 Purpose.
(a) That real or personal property or natural resources have been This subpart prescribes the requirements concerning designation
injured, destroyed, or lost. of the source or sources of the discharge or threat of discharge
and advertisement of these designations, including the
(b) That the claimant's income was reduced as a consequence of procedures by which claims may be presented to the responsible
injury to, destruction of, or loss of the property or natural party or guarantor.
resources, and the amount of that reduction.
136.303 Definitions.
(c) The amount of the claimant's profits or earnings in comparable As used in this subpart-
periods and during the period when the claimed loss or
impairment was suffered, as established by income tax returns, Advertisement means the dissemination of information, including
financial statements, and similar documents. In addition, but not limited to paid advertisements, that are reasonably
comparative figures for profits or earnings for the same or similar calculated to advise the public how to present a claim.
activities outside of the area affected by the incident also must be
established. Designated source means a source designated under 136.305.

(d) Whether alternative employment or business was available


and undertaken and, if so, the amount of income received. All
Designation of Source
income that a claimant received as a result of the incident must
136.305 Notice Of Designation.
be clearly indicated and any saved overhead and other normal
(a) When information of an incident is received, the source or
expenses not incurred as a result of the incident must be
sources of the discharge or threat are designated, where possible
established.
and appropriate. If the designated source is a vessel or facility,
the responsible party and the guarantor, if known, are notified by
136.235 Compensation Allowable.
telephone, telefax, or other rapid means of that designation. The
The amount of compensation allowable is limited to the actual net
designation will be confirmed by a written Notice of Designation.
reduction or loss of earnings or profits suffered. Calculations for
net reductions or losses must clearly reflect adjustments for-
(b) A Notice of Designation normally contains, to the extent
known
(a) All income resulting from the incident;
(1) The name of the vessel or facility designated as the source;
(b) All income from alternative employment or business
undertaken;
(2) The location, date, and time of the incident;
(c) Potential income from alternative employment or business not
(3) The type and quantity of oil involved;
undertaken, but reasonably available;
(4) The date of the designation;
(d) Any saved overhead or normal expenses not incurred as a
result of the incident; and
(5) The procedures for accepting or denying the designation; and
(e) State, local, and Federal taxes.

264
(6) The name, address, telephone number, and, if available, in accordance with 136.307, the party or guarantor shall
telefax number of the responsible Federal official to whom further advertise, in accordance with the requirements of this subpart, the
communication regarding the incident, advertisement of the designation and the procedures by which claims may be
incident, or denial of designation should be directed. presented. The advertisement must begin not later than 15 days
after the date of the designation made under 136.305.
[USCG-91-035, 57 FR 36316, Aug. 12, 1992, as amended by
USCG-2012-0306, 77 FR 37315, June 21, 2012] (e) If there is no designation under 136.305, if the source of the
discharge or threat is a public vessel, or if the responsible party
136.307 Denial Of Designation. and guarantor of the source designated have denied the
(a) Within five days after receiving a Notice of Designation under designation or failed to meet the requirements for advertisement
136.305, the responsible party or guarantor may deny the in this section, the Director, NPFC, may advertise procedures for
designation. presenting claims.

(b) A denial of designation must- 136.311 Types Of Advertisement.


Advertisement required by the Director, NPFC, will normally
(1) Be in writing; include one or more of the following:

(2) Identify the Notice of Designation; (a) Paid advertisements in a newspaper or newspapers having
general circulation in the area designated by the Director, NPFC.
(3) Give the reasons for the denial and provide a copy of all
supporting documents; and (b) Notice posted in marinas, marine supply stores, bait and
tackle shops, and other appropriate business establishments or
(4) Be submitted to the official named in the Notice of Designation. public facilities in the area designated by the Director, NPFC.

(c) A denial is deemed received on the date the denial is actually (c) News releases to newspapers, radio stations, television
received by the official named in the Notice of Designation. stations, and cable services having general circulation in the area
designated by the Director, NPFC.
Advertisement
(d) Other means approved by the Director, NPFC, under the
136.309 Advertisement Determinations.
circumstances of each case.
(a) The Director, NPFC, determines for each incident the type,
geographic scope, frequency, and duration of advertisement
136.313 Content Of Advertisement.
required.
Each advertisement required by this subpart may be required to
contain the following information or to indicate where this
(b) In making the determination specified in paragraph (a) of this
information may be contained:
section, the Director, NPFC, may consider-
(a) Location, date, and time of the incident.
(1) The nature and extent of economic losses that have occurred
or are likely to occur;
(b) Geographical area affected, as determined by the FOSC or
Director, NPFC.
(2) The potential claimants who are likely to incur economic
losses;
(c) Type and quantity of oil involved.
(3) The geographical area that is or will likely be affected;
(d) Name or other description of the source designated by the
FOSC or Director, NPFC.
(4) The most effective method of reasonably notifying potential
claimants of the designation and procedures of submitting claims;
(e) Name of the responsible party and guarantor of the
and
designated source.
(5) Relevant information or recommendations, if any, submitted by,
(f) Name, address, telephone number, office hours, and work
or on behalf of, the responsible party or guarantor of the
days of the person or persons to whom claims are to be
designated source.
presented and from whom claim information can be obtained.
(c) The Director, NPFC, provides the specific requirements for
(g) The procedures by which a claim may be presented.
advertisement for each incident to the responsible party or
guarantor of the designated source.
(h) Other information required by the Director, NPFC, under the
circumstances of each case.
(d) If a responsible party or guarantor has not denied designation

265
PART 138--Financial Respdonsibility For Water Pollution
(Vessels) And OPA 90 Limits Of Liability (Vessels And
Deepwater Ports)
Subpart A--Financial Responsibility for Water (a) This subpart applies to the operator as defined herein of --
Pollution (Vessels) (1) A tank vessel of any size, and a foreign-flag vessel of any
Sec. size, using the waters of the exclusive economic zone to
138.10 Scope. transship or lighter oil (whether delivering or receiving) destined
138.15 Applicability. for a place subject to the jurisdiction of the United States; and
138.20 Definitions.
138.30 General. (2) Any vessel using the navigable waters of the United States
138.40 Forms. or any port or other place subject to the jurisdiction of the United
138.45 Where to apply for and renew Certificates. States, including a vessel using an offshore facility subject to the
138.50 Time to apply. jurisdiction of the United States, except--
138.60 Applications, general instructions.
138.65 Issuance of Certificates. (i) A vessel that is 300 gross tons or less; or
138.70 Renewal of Certificates.
138.80 Financial responsibility, how established. (ii) A non-self-propelled barge that does not carry oil as cargo or
138.85 Implementation schedule for amendments to applicable fuel and does not carry hazardous substances as cargo.
amounts by regulation.
138.90 Individual and Fleet Certificates. (b) For the purposes of financial responsibility under OPA 90, a
138.100 Non-owning operator's responsibility for identification. mobile offshore drilling unit is treated as a tank vessel when it is
138.110 Master Certificates. being used as an offshore facility and there is a discharge, or a
138.120 Certificates, denial or revocation. substantial threat of a discharge, of oil on or above the surface
138.130 Fees. of the water. A mobile offshore drilling unit is treated as a vessel
138.140 Enforcement. other than a tank vessel when it is not being used as an offshore
138.150 Service of process. facility.

Subpart B--OPA 90 Limits of Liability (Vessels (c) In addition to a non-self-propelled barge over 300 gross tons
that carries hazardous substances as cargo, for the purposes of
and Deepwater Ports) financial responsibility under CERCLA, this subpart applies to a
138.200 Scope. self-propelled vessel over 300 gross tons, even if it does not
138.210 Applicability. carry hazardous substances.
138.220 Limits of liability.
(d) This subpart does not apply to operators of public vessels.
Authority: 33 U.S.C. 2716, 2716a; 42 U.S.C. 9608, 9609;
Sec.1512 of the Homeland Security Act of 2002, Pub. L. 107- 138.20 Definitions.
296 , Title XV, Nov. 25, 2002, 116 Stat. 2310 (6 U.S.C. 552); (a) As used in this subpart, the following terms have the
E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 198; E.O. 12777, meaning as set forth in
3 CFR, 1991 Comp., p. 351; E.O. 13286, Sec. 89 (68 FR 10619,
Feb. 28, 2003); Department of Homeland Security Delegation (1) Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C.
Nos. 0170.1 and 5110. Section 138.30 also issued under the 2701), respecting the financial responsibility referred to in
authority of 46 U.S.C. 2103, 46 U.S.C. 14302. 138.10(a): claim, claimant, damages, discharge, exclusive
economic zone, liable, liability, navigable waters, mobile
Source:USCG-2005-21780, 73 FR 53697, Sept. 17, 2008, offshore drilling unit, natural resources, offshore facility, oil,
unless otherwise noted. owner or operator, person, remove, removal, removal costs,
___________________________________________________ security interest, and United States; and

Subpart A--Financial Responsibility for Water (2) Section 101 of the Comprehensive Environmental Response,
Pollution (Vessels) Compensation, and Liability Act (42 U.S.C. 9601), respecting
the financial responsibility referred to in 138.10(b): claim,
138.10 Scope. claimant, damages, environment, hazardous substance, liable,
This subpart sets forth the procedures by which an operator of a liability, navigable waters, natural resources, offshore facility,
vessel must establish and maintain, for itself and for the owners owner or operator, person, release, remove, removal, security
and demise charterers of the vessel, evidence of financial interest, and United States.
responsibility required by Section 1016(a) of the Oil Pollution Act
of 1990, as amended (OPA 90) (33 U.S.C. 2716), and Section (b) As used in this subpart
108 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (CERCLA) Acts means OPA 90 and CERCLA.
(42 U.S.C. 9608), equal to the total applicable amount
determined under this subpart and sufficient to cover their Applicable amount means an amount of financial responsibility
liability arising under-- that must be demonstrated under this subpart, determined under
138.80(f)(1) for OPA 90 or 138.80(f)(2) for CERCLA.
(a) Sections 1002 and 1004 of OPA 90 (33 U.S.C. 2702, 2704);
and Applicant means an operator who has applied for a Certificate
or for the renewal of a Certificate under this subpart.
(b) Section 107 of CERCLA (42 U.S.C. 9607).
Application means an Application for Vessel Certificate of
138.15 Applicability. Financial Responsibility (Water Pollution) (Form CG-5585),

266
which can be obtained from the U.S. Coast Guard, National Insurer is a type of guarantor and means one or more
Pollution Funds Center as provided in 138.40 and 138.45. insurance companies, associations of underwriters, ship owners'
Cargo means goods or materials on board a vessel for protection and indemnity associations, or other persons, each of
purposes of transportation, whether proprietary or which must be acceptable to the Director, NPFC.
nonproprietary. A hazardous substance or oil carried solely for
use aboard the carrying vessel is not Cargo. Master Certificate means a Certificate issued under this
subpart to a person who is a builder, repairer, scrapper, lessor,
CERCLA means title I of the Comprehensive Environmental or seller of a vessel and is acting as the vessel's operator.
Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. 9601-9675). Offshore supply vessel has the same meaning as set forth in
46 U.S.C. 2101.
Certificant means an operator who has a current Certificate
issued by the U.S. Coast Guard, National Pollution Funds OPA 90 means the Oil Pollution Act of 1990 (33 U.S.C. 2701, et
Center (NPFC) under this subpart. seq.).

Certificate means a Vessel Certificate of Financial Operator means a person who is an owner, a demise charterer,
Responsibility (Water Pollution) (Form CG-5585) issued by the or other contractor, who conducts the operation of, or who is
NPFC under this subpart, as provided in 138.65. responsible for the operation of, a vessel. A builder, repairer,
scrapper, lessor, or seller who is responsible, or who agrees by
Day or days means calendar days. If a deadline specified in this contract to become responsible, for a vessel is an operator. A
subpart falls on a weekend or Federal holiday, the deadline will time or voyage charterer that does not assume responsibility for
occur on the next working day. Compliance with a submission the operation of a vessel is not an operator for the purposes of
deadline will be determined based on the day the submission is this subpart.
received by NPFC.
Owner means any person holding legal or equitable title to a
Director, NPFC means the head of the NPFC. vessel. In a case where a U.S. Coast Guard Certificate of
Documentation or equivalent document has been issued, the
E-COFR means the Electronic Certificate of Financial owner is considered to be the person or persons whose name or
Responsibility web-based process located on the NPFC Web names appear thereon as owner. Owner does not include a
site ( https://npfc.uscg.mil/cofr/default.aspx), which may be used person who, without participating in the management of a vessel,
by operators to apply for and renew Certificates. holds indicia of ownership primarily to protect the owner's
security interest in the vessel.
Financial guarantor means a guarantor who provides a
financial guaranty under 138.80(b)(4), and is distinct from an Public vessel means a vessel owned or bareboat chartered by
insurer, a self-insurer or a surety. the United States, or by a State or political subdivision thereof,
or by a foreign nation, except when the vessel is engaged in
Financial responsibility means the statutorily required financial commerce.
ability to meet a responsible party's liability under the Acts.
Responsible party, for purposes of OPA 90 financial
Fish tender vessel and fishing vessel have the same responsibility has the same meaning as defined at 33 U.S.C.
meaning as set forth in 46 U.S.C. 2101. 2701(32), and for purposes of CERCLA financial responsibility
means any person who is an owner or operator, as defined at 42
Fuel means any oil or hazardous substance used or capable of U.S.C. 9601(20), including any person chartering a vessel by
being used to produce heat or power by burning, including demise.
power to operate equipment. A hand-carried pump with not
more than five gallons of fuel capacity, that is neither integral to Self-elevating lift vessel means a vessel with movable legs
nor regularly stored aboard a non-self-propelled barge, is not capable of raising its hull above the surface of the sea and that
equipment. is an offshore work boat (such as a work barge) that does not
engage in drilling operations.
Guarantor means any person, other than a responsible party,
who provides evidence of financial responsibility under the Acts Tank vessel means a vessel (other than an offshore supply
on behalf of a vessel's responsible parties. A responsible party vessel, a fishing vessel or a fish tender vessel of 750 gross tons
who can qualify as a self-insurer under 138.80(b)(3) may act or less that transfers fuel without charge to a fishing vessel
as both a self-insurer of vessels owned, operated or demise owned by the same person, or a towing or pushing vessel (tug)
chartered by the responsible party, and as a financial guarantor simply because it has in its custody a tank barge) that is
for the responsible parties of other vessels under 138.80(b)(4). constructed or adapted to carry, or that carries, oil or liquid
hazardous material in bulk as cargo or cargo residue, and that
Hazardous material means a liquid material or substance that
is (1) Is a vessel of the United States;

(1) Flammable or combustible; (2) Operates on the navigable waters; or

(2) A hazardous substance designated under Section 311(b) of (3) Transfers oil or hazardous material in a place subject to the
the Federal Water Pollution Control Act (33 U.S.C. 1321(b)); or jurisdiction of the United States.

(3) Designated a hazardous material under the Hazardous Total applicable amount means the amount determined under
Materials Transportation Act, Section 104 (46 U.S.C. 5103(a)) 138.80(f)(3).
(1994).
Vessel means every description of watercraft or other artificial
Incident means any occurrence or series of occurrences having contrivance used, or capable of being used, as a means of
the same origin, involving one or more vessels, facilities, or any transportation on water.
combination thereof, resulting in the discharge or substantial
threat of discharge of oil into or upon the navigable waters or [USCG-2005-21780, 73 FR 53697, Sept. 17, 2008, as amended
adjoining shorelines or the exclusive economic zone. by USCG-2012-0306, 77 FR 37315, June 21, 2012]

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138.30 General. (1) For a vessel assigned, or presently required to be assigned,
(a) The regulations in this subpart set forth the procedures for an gross tonnage under Annex I of the Convention. The vessel's
operator of a vessel subject to this subpart to demonstrate that gross tonnage as measured under Annex I of the Convention is
the responsible parties of the vessel are financially able to meet used for determining the 300 gross ton threshold, if applicable,
their potential liability for costs and damages in the applicable the required applicable amounts of financial responsibility, and
amounts set forth in this subpart at Sec. 138.80(f). Although the limits of liability under Section 1004(a) of OPA 90 (33 U.S.C.
owners, operators, and demise charterers of a vessel are strictly, 2704), including subpart B of this part, and under Section 107 of
jointly and severally liable under OPA 90 and CERCLA for the CERCLA (42 U.S.C. 9607).
costs and damages resulting from each incident or release or
threatened release, together they need only establish and (2) For a vessel not presently required to be assigned gross
maintain evidence of financial responsibility under this subpart tonnage under Annex I of the Convention. The highest gross
equal to the combined OPA 90 and CERCLA limits of liability tonnage that appears on the vessel's U.S. Coast Guard
arising from a single incident and a single release, or threatened Certificate of Documentation or equivalent document and that is
release. Only that portion of the total applicable amount of acceptable to the Coast Guard under 46 U.S.C. chapter 143 is
financial responsibility demonstrated under this subpart with used for determining the 300 gross ton threshold, if applicable,
respect to the required applicable amounts of financial responsibility, and
limits of liability under Section 1004 of OPA 90 (33 U.S.C. 2704),
(1) OPA 90 is required to be made available by a vessel's including subpart B of this part, and Section 107 of CERCLA (42
responsible parties and guarantors for the costs and damages U.S.C. 9607). If the vessel has no document, or the gross
related to an incident where there is not also a release or tonnage appearing on the document is not acceptable under 46
threatened release; and U.S.C. chapter 143, the vessel's gross tonnage is determined by
applying the Convention Measurement System under 46 CFR
(2) CERCLA is required to be made available by a vessel's part 69, subpart B, or if applicable, the Simplified Measurement
responsible parties and guarantors for the costs and damages System under 46 CFR part 69, subpart E. The measurement
related to a release or threatened release where there is not standards applied are subject to applicable international
also an incident. A guarantor (or a self-insurer for whom the agreements to which the United States Government is a party.
exceptions to limitations of liability are not applicable), therefore,
is not required to apply the entire total applicable amount of (e) For a vessel of a foreign country that is not a party to the
financial responsibility demonstrated under this subpart to an Convention, gross tons or gross tonnage, as referred to in this
incident involving oil alone or a release or threatened release part, is determined as follows:
involving a hazardous substance alone.
(1) For a vessel measured under laws and regulations found by
(b) Where a vessel is operated by its owner or demise charterer, the Commandant to be similar to Annex I of the Convention. The
or the owner or demise charterer is responsible for its operation, vessel's gross tonnage under the similar laws and regulations is
the owner or demise charterer is considered to be the operator used for determining the 300 gross ton threshold, if applicable,
for purposes of this subpart, and must submit the Application the required applicable amounts of financial responsibility, and
and requests for renewal for a Certificate. In all other cases, the limits of liability under Section 1004 of OPA 90 (33 U.S.C. 2704),
vessel operator mustsubmit the Application or requests for including subpart B of this part, and Section 107 of CERCLA (42
renewal. U.S.C. 9607). The measurement standards applied are subject
to applicable international agreements to which the United
(c) For a United States-flag vessel, the applicable gross tons or States Government is a party.
gross tonnage, as referred to in this part, is determined as
follows: (2) For a vessel not measured under laws and regulations found
by the Commandant to be similar to Annex I of the Convention.
(1) For a documented U.S. vessel measured under both 46 The vessel's gross tonnage under 46 CFR part 69, subpart B, or,
U.S.C. Chapters 143 (Convention Measurement) and 145 if applicable, subpart E, is used for determining the 300 gross
(Regulatory Measurement). The vessel's regulatory gross ton threshold, if applicable, the required applicable amount of
tonnage is used to determine whether the vessel exceeds 300 financial responsibility, and the limits of liability under Section
gross tons where that threshold applies under the Acts. If the 1004 of OPA 90 (33 U.S.C. 2704), including subpart B of this
vessel's regulatory gross tonnage is determined under the Dual part, and Section 107 of CERCLA (42 U.S.C. 9607). The
Measurement System in 46 CFR part 69, subpart D, the higher measurement standards applied are subject to applicable
gross tonnage is the regulatory gross tonnage for the purposes international agreements to which the United States is a party.
of determining whether the vessel meets the 300 gross ton
threshold. The vessel's gross tonnage as measured under the (f) A person who agrees to act as a guarantor or a self-insurer is
International Convention on Tonnage Measurement of Ships, bound by the vessel's gross tonnage as determined under
1969 (Convention), is used to determine the vessel's required paragraphs (c), (d), or (e) of this section, regardless of what
applicable amounts of financial responsibility, and limit of liability gross tonnage is specified in an Application or guaranty form
under Section 1004 of OPA 90 (33 U.S.C. 2704), including submitted under this subpart. Guarantors, however, may limit
subpart B of this part, and Section 107 of CERCLA (42 U.S.C. their liability under a guaranty of financial responsibility to the
9607). applicable gross tonnage appearing on a vessel's International
Tonnage Certificate or other official, applicable certificate of
(2) For all other United States vessels. The vessel's gross measurement and will not incur any greater liability with respect
tonnage under 46 CFR part 69 is used for determining the to that guaranty, except when the guarantors knew or should
vessel's 300 gross ton threshold, the required applicable have known that the applicable tonnage certificate was incorrect.
amounts of financial responsibility, and limits of liability under
Section 1004 of OPA 90 (33 U.S.C. 2704), including subpart B 138.40 Forms.
of this part, and Section 107 of CERCLA (42 U.S.C. 9607). If the All forms referred to in this subpart may be obtained from NPFC
vessel's gross tonnage is determined under the Dual by requesting them in writing at the address given in 138.45(a)
Measurement System, the higher gross tonnage is used in all or by clicking on the Forms link at the NPFC E-COFR Web site,
determinations. https://npfc.uscg.mil/cofr/default.aspx.

(d) For a vessel of a foreign country that is a party to the [USCG-2005-21780, 73 FR 53697, Sept. 17, 2008, as amended
Convention, gross tons or gross tonnage, as referred to in this by USCG-2012-0306, 77 FR 37315, June 21, 2012]
part, is determined as follows:

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138.45 Where to apply for and renew Certificates. (a) The operator of a vessel required to have a Certificate under
a) An operator must submit all Applications for a Certificate and this subpart must submit a written or E-COFR request for
all requests for renewal of a Certificate, together with all renewal of the Certificate to the NPFC at least 21 days, but not
evidence of financial responsibility required under 138.80 and earlier than 90 days, before the expiration date of the Certificate.
all fees required under 138.130, to the NFPC at the following A letter may be used for this purpose. The request for renewal
address: Director National Pollution Funds Center, NPFC CV must comply in all other respects with the requirements in Sec.
MS 7100, U.S. Coast Guard, 4200 Wilson Blvd., Suite 1000, 138.60 concerning Applications. The Director, NPFC, may waive
Arlington, VA 20598-7100, telephone 202-872-6130, fax 703- this 21-day requirement for good cause shown.
872-6123; or electronically using NPFC's E-COFR Web-based
process at https://npfc.uscg.mil/cofr/default.aspx (b) The operator must identify in the request for renewal any
changes which have occurred since the original Application for a
(b) All requests you have for assistance in completing Certificate was filed, and must set forth the correct information in
Applications, requests for renewal and other submissions under full.
this subpart, including telephone inquiries, should be directed to
the U.S. Coast Guard NPFC at the addresses in paragraph (a) 138.80 Financial responsibility, how established.
of this section. (a) General. In addition to submitting an Application, requests
for renewal, and fees, an applicant must file, or cause to be filed,
[USCG-2005-21780, 73 FR 53697, Sept. 17, 2008, as amended with the Director, NPFC, evidence of financial responsibility
by USCG-2009-0416, 74 FR 27441, June 10, 2009; USCG- acceptable to the Director, NPFC, in an amount equal to the
2012-0306, 77 FR 37315, June 21, 2012; USCG-2013-0397, 78 total applicable amount determined under Sec. 138.80(f)(3). A
FR 39175, July 1, 2013] guarantor may file the evidence of financial responsibility on
behalf of the applicant directly with the Director, NPFC.
138.50 Time to apply.
(a) A vessel operator who wishes to obtain a Certificate must (b) Methods. An applicant or certificant must establish and
submit a completed Application form and all required supporting maintain evidence of financial responsibility by one or more of
evidence of financial responsibility, and must pay all applicable the following methods:
fees, at least 21 days prior to the date the Certificate is required.
The Director, NPFC, may grant an extension of this 21-day (1) Insurance. By filing with the Director, NPFC, an Insurance
deadline upon written request and for good cause shown. An Guaranty (Form CG-5586) or, when applying for a Master
applicant seeking an extension of this deadline must set forth Certificate under Sec. 138.110, a Master Insurance Guaranty
the reasons for the extension request and deliver the request to (Form CG-5586-1), executed by not more than four insurers that
the Director, NPFC, at least 15 days before the deadline. The have been found acceptable by, and remain acceptable to, the
Director, NPFC, will not consider a request for an extension of Director, NPFC, for purposes of this subpart.
more than 60 days.
(2) Surety bond. By filing with the Director, NPFC, a Surety
(b) The Director, NPFC, generally processes Applications and Bond Guaranty (Form CG-5586-2), executed by not more than
requests for renewal in the order in which they are received at 10 acceptable surety companies certified by the United States
the NPFC. Department of the Treasury with respect to the issuance of
Federal bonds in the maximum penal sum of each bond to be
138.60 Applications, general instructions. issued under this subpart.
(a) You may obtain an Application for Vessel Certificate of
Financial Responsibility (Water Pollution) (Form CG-5585) by (3) Self-insurance. By filing with the Director, NPFC, the
following the instructions in Sec. Sec. 138.40 and 138.45. financial statements specified in paragraph (b)(3)(i) of this
section for the applicant's fiscal year preceding the date of
(b) Your Application and all supporting documents must be in Application and by demonstrating that the applicant or certificant
English, and express all monetary terms in United States dollars. maintains, in the United States, working capital and net worth
each in amounts equal to or greater than the total applicable
(c) An authorized official of the applicant must sign the signature amount determined under Sec. 138.80(f)(3), based on a vessel
page of the Application. The title of the signer must be shown in carrying hazardous substances as cargo. As used in this
the space provided on the Application. The operator must paragraph, working capital means the amount of current assets
submit the original signature page of the Application to NPFC in located in the United States, less all current liabilities anywhere
hard copy. in the world; and net worth means the amount of all assets
located in the United States, less all liabilities anywhere in the
(d) If the signer is not identified on the Application as an world. For each fiscal year after the initial filing, the applicant or
individual (sole proprietor) applicant, a partner in a partnership certificant must also submit statements as follows:
applicant, or a director, chief executive officer, or any other duly
authorized officer of a corporate applicant, the Application must (i) Initial and annual filings. An applicant or certificant must
be accompanied by a written statement certifying the signer's submit annual, current, and audited non-consolidated financial
authority to sign on behalf of the applicant. statements prepared in accordance with Generally Accepted
Accounting Principles, and audited by an independent Certified
(e) If, before the issuance of a Certificate, the applicant Public Accountant in accordance with Generally Accepted
becomes aware of a change in any of the facts contained in the Auditing Standards. These financial statements must be
Application or supporting documentation, the applicant must, accompanied by an additional statement from the Treasurer (or
within 5 business days of becoming aware of the change, notify equivalent official) of the applicant or certificant certifying both
the Director, NPFC, in writing, of the changed facts. the amount of current assets and the amount of total assets
included in the accompanying balance sheet, which are located
138.65 Issuance of Certificates. in the United States. If the financial statements cannot be
Upon the satisfactory demonstration of financial responsibility submitted in non-consolidated form, a consolidated statement
and payment of all fees due, the Director, NPFC, will issue a may be submitted if accompanied by an additional statement
Vessel Certificate of Financial Responsibility (Water Pollution) prepared by the same Certified Public Accountant, verifying the
(Form CG-5585) in electronic form. Copies of the Certificate amount by which the applicant's or certificant's
may be downloaded from NPFC's E-COFR Web site.
(A) Total assets located in the United States exceed its total (i.e.,
138.70 Renewal of Certificates. worldwide) liabilities; and

269
(B) Current assets located in the United States exceed its total including, but not limited to, a parent or affiliate acceptable to the
(i.e., worldwide) current liabilities. This additional Certified Public Director, NPFC. A financial guarantor must comply with all of the
Accountant statement must specifically name the applicant or self-insurance provisions of paragraph (b)(3) of this section. In
certificant, indicate that the amounts so verified relate only to the addition, a person who is a financial guarantor for more than one
applicant or certificant, apart from any other affiliated entity, and applicant or certificant must have working capital and net worth
identify the consolidated financial statement to which it applies. no less than the aggregate total applicable amounts of financial
responsibility determined under Sec. 138.80(f)(3) provided as a
(ii) Semiannual self-insurance submissions. When the self- financial guarantor for each applicant or certificant, plus the total
insuring applicant's or certificant's demonstrated net worth is not applicable amount required to be demonstrated by a self-insurer
at least ten times the total applicable amount of financial under this subpart if the financial guarantor is also acting as a
responsibility determined under Sec. 138.80(f)(3), the self-insurer.
applicant's or certificant's Treasurer (or equivalent official) must
file affidavits with the Director, NPFC, covering the first six (5) Other evidence of financial responsibility. The Director,
months of the applicant's or certificant's current fiscal year. The NPFC, will not accept a self-insurance method other than the
affidavits must state that neither the working capital nor the net one described in paragraph (b)(3) of this section. An applicant
worth have, during the first six months of the current fiscal year, may in writing request that the Director, NPFC, accept a method
fallen below the applicant's or certificant's required total different from one described in paragraph (b)(1), (2), or (4) of
applicable amount of financial responsibility as determined this section to demonstrate evidence of financial responsibility.
under this subpart. An applicant submitting a request under this paragraph must
submit the request to the Director, NPFC, at least 45 days prior
(iii) Additional self-insurance submissions. A self-insuring to the date the Certificate is required. The applicant must
applicant or certificant describe in detail the method proposed, the reasons why the
applicant does not wish to use or is unable to use one of the
(A) Must, upon request of the Director, NPFC, within the time methods described in paragraph (b)(1), (2), or (4) of this section,
specified in the request, file additional financial information; and and how the proposed method assures that the responsible
parties for the vessel are able to fulfill their obligations to pay
(B) Must notify the Director, NPFC, within 5 business days of the costs and damages in the event of an incident or a release or
date the applicant or certificant knows, or has reason to know, threatened release. The Director, NPFC, will not accept a
that its working capital or net worth has fallen below the total method under this paragraph that merely deletes or alters a
applicable amounts required by this subpart. provision of one of the methods described in paragraph (b)(1),
(2), or (4) of this section (for example, one that alters the
(iv) Time for self-insurance filings. All required annual financial termination clause of the Insurance Guaranty (Form CG-5586).
statements must be received by the Director, NPFC, within 90 An applicant that makes a request under this paragraph must
days after the close of the applicant's or certificant's fiscal year, provide the Director, NPFC, a proposed guaranty form that
and all affidavits required by paragraph (b)(3)(ii) of this section includes all the elements described in paragraphs (c) and (d) of
must be received by the Director, NPFC, within 30 days after the this section. A decision of the Director, NPFC, not to accept a
close of the applicable six-month period. The Director, NPFC, method requested by an applicant under this paragraph is final
may grant an extension of the time limits for filing the annual agency action.
financial statements, semi-annual affidavits or additional
financial information upon written request and for good cause (c) Forms
shown. An applicant or certificant seeking an extension of any
deadline must set forth the reasons for the extension request (1) Multiple guarantors. Four or fewer insurers (a lead
and deliver the request to the Director, NPFC, at least 15 days underwriter is considered to be one insurer) may jointly execute
before the annual financial statements, affidavits or additional an Insurance Guaranty (Form CG-5586) or a Master Insurance
information are due. The Director, NPFC, will not consider a Guaranty (Form CG-5586-1). Ten or fewer sureties (including
request for an extension of more than 60 days. lead sureties) may jointly execute a Surety Bond Guaranty
(Form CG-5586-2). Four or fewer financial guarantors may
(v) Failure to submit. The Director, NPFC, may deny or revoke a jointly execute a Financial Guaranty (Form CG-5586-3). If more
Certificate for failure of the applicant or certificant to timely file than one insurer, surety, or financial guarantor executes the
any statement, data, notification, or affidavit required by relevant form
paragraph (b)(3) of this section.
(i) Each is bound for the payment of sums only in accordance
(vi) Waiver of working capital. The Director, NPFC, may waive with the percentage of vertical participation specified on the
the working capital requirement for any applicant or certificant relevant form for that insurer, surety, or financial guarantor.
that Participation in the form of layering (tiers, one in excess of
another) is not acceptable; only vertical participation on a
(A) Is a regulated public utility, a municipal or higher-level percentage basis and participation with no specified percentage
governmental entity, or an entity operating solely as a charitable, allocation is acceptable. If no percentage of participation is
non-profit organization qualifying under Section 501(c) Internal specified for an insurer, surety, or financial guarantor, the liability
Revenue Code. The applicant or certificant must demonstrate in of that insurer, surety, or financial guarantor is joint and several
writing that the grant of a waiver would benefit a local public for the total of the unspecified portions; and
interest; or
(ii) The guarantors must designate a lead guarantor having
(B) Demonstrates in writing that working capital is not a authority to bind all guarantors for actions required of guarantors
significant factor in the applicant's or certificant's financial under the Acts, including but not limited to receipt of designation
condition. An applicant's or certificant's net worth in relation to of source, advertisement of a designation, and receipt and
the amount of its required total applicable amount of financial settlement of claims.
responsibility and a history of stable operations are the major
elements considered by the Director, NPFC. (2) Operator name. An applicant or certificant must ensure that
each form submitted under this subpart sets forth in full the
(4) Financial Guaranty. By filing with the Director, NPFC, a correct legal name of the vessel operator to whom a Certificate
Financial Guaranty (Form CG-5586-3), or, when applying for a is to be issued.
Master Certificate, a Master Financial Guaranty (Form CG-5586-
4), executed by not more than four financial guarantors, (d) Direct Action

270
(1) Acknowledgment. Any evidence of financial responsibility section.
filed with the Director, NPFC, under this subpart must contain an
acknowledgment by each insurer or other guarantor that an 138.85 Implementation schedule for amendments to
action in court by a claimant (including a claimant by right of applicable amounts by regulation.
subrogation) for costs or damages arising under the provisions Each operator of a vessel described in Sec. 138.15 must
of the Acts, may be brought directly against the insurer or other establish evidence of financial responsibility acceptable to the
guarantor. The evidence of financial responsibility must also Director, NPFC, in an amount equal to or greater than the total
provide that, in the event an action is brought under the Acts applicable amounts determined under Sec. 138.80(f), by not
directly against the insurer or other guarantor, the insurer or later than January 15, 2009. In the event an applicable amount
other guarantor may invoke only the following rights and determined under Sec. 138.80(f) is thereafter amended by
defenses: regulation, each operator of a vessel described in Sec. 138.15
must establish evidence of financial responsibility acceptable to
(i) The incident, release, or threatened release was caused by the Director, NPFC, in an amount equal to or greater than the
the willful misconduct of the person for whom the guaranty is amended total applicable amount, by not later than 90 days after
provided. the effective date of the final rule, unless another date is
required by statute or specified in the amending regulation.
(ii) Any defense that the person for whom the guaranty is
provided may raise under the Acts. 138.90 Individual and Fleet Certificates.
(a) The Director, NPFC, issues an individual Certificate for each
(iii) A defense that the amount of a claim or claims, filed in any vessel listed on a completed Application or request for renewal
action in any court or other proceeding, exceeds the amount of when the Director, NPFC, determines that acceptable evidence
the guaranty with respect to an incident or with respect to a of financial responsibility has been provided and appropriate
release or threatened release. fees have been paid, except where a Fleet Certificate is issued
under this section or where a Master Certificate is issued under
(iv) A defense that the amount of a claim or claims that exceeds Sec. 138.110. Each Certificate of any type issued under this
the amount of the guaranty, which amount is based on the gross subpart is issued only in the name of a vessel operator and is
tonnage of the vessel as entered on the vessel's International effective for not more than 3 years from the date of issuance, as
Tonnage Certificate or other official, applicable certificate of indicated on each Certificate. An authorized official of the
measurement, except when the guarantor knew or should have applicant may submit to the Director, NPFC, a letter requesting
known that the applicable tonnage certificate was incorrect. that additional vessels be added to a previously submitted
Application for an individual Certificate. The letter must set forth
(v) The claim is not one made under either of the Acts. all information required in item 5 of the Application form. The
authorized official must also file, or cause to be filed with the
(2) Limitation on guarantor liability. A guarantor that Director, NPFC, acceptable evidence of financial responsibility,
participates in any evidence of financial responsibility under this if required, and must pay all applicable certification fees for the
subpart will be liable because of that participation, with respect additional vessels.
to an incident or a release or threatened release, in any
proceeding only for the amount and type of costs and damages (b) An operator of a fleet of two or more barges that are not tank
specified in the evidence of financial responsibility. A guarantor vessels and that from time to time may be subject to this subpart
will not be considered to have consented to direct action under (e.g., a hopper barge over 300 gross tons when carrying oily
any law other than the Acts, or to unlimited liability under any metal shavings or similar cargo) may apply to the Director,
law or in any venue, solely because of the guarantor's NPFC, for issuance of a Fleet Certificate, so long as the
participation in providing any evidence of financial responsibility operator of such a fleet is a self-insurer or arranges with an
under this subpart. In the event of any finding that liability of a acceptable guarantor to cover, automatically, all such barges for
guarantor exceeds the amount of the guaranty provided under which the operator may from time to time be responsible.
this subpart, that guaranty is considered null and void with
respect to that excess. (c) A person must not make any alteration on any copy of a
Certificate issued under this subpart.
(e) Public access to data. Financial data filed with the Director,
NPFC, by an applicant, certificant, and any other person is (d) If, at any time after a Certificate has been issued, a
considered public information to the extent required by the certificant becomes aware of a change in any of the facts
Freedom of Information Act (5 U.S.C. 552) and permitted by the contained in the Application or supporting documentation, the
Privacy Act (5 U.S.C. 552a). certificant must notify the Director, NPFC, in writing within 10
days of becoming aware of the change. A vessel or operator
(f) Total applicable amount. The total applicable amount is name change or change of a guarantor must be reported by the
determined as follows: operator as soon as possible by telefax or other electronic
means to the Director, NPFC, and followed by a written notice
(1) The applicable amount under OPA 90 is equal to the sent within 3 business days. (See, Sec. 138.45, Where to apply
applicable vessel limit of liability, which is determined as for and renew Certificates, for contact information).
provided in subpart B of this part.
(e) Except as provided in Sec. 138.90(f), at the moment a
(2) The applicable amount under CERCLA is determined as certificant ceases to be the operator of a vessel for any reason,
follows: including a vessel that is scrapped or transferred to a new
operator, the individual Certificate naming the vessel is void and
(i) For a vessel over 300 gross tons carrying a hazardous its further use is prohibited. In that case, the certificant must,
substance as cargo, the greater of $5,000,000 or $300 per gross within 10 business days of the Certificate becoming void, submit
ton. the following information in writing to the Director, NPFC:

(ii) For any other vessel over 300 gross tons, the greater of (1) The number of the individual Certificate and the name of the
$500,000 or $300 per gross ton. vessel.

(3) The total applicable amount is the applicable amount (2) The date and reason why the certificant ceased to be the
determined under paragraph (f)(1) of this section plus the operator of the vessel.
applicable amount determined under paragraph (f)(2) of this

271
(3) The location of the vessel on the date the certificant ceased (3) The gross tons of the largest tank vessel and gross tons of
to be the operator. the largest vessel other than a tank vessel eligible for coverage
by that Master Certificate. (The Master Certificate does not
(4) The name and mailing address of the person to whom the identify the name of each vessel covered by the Certificate.)
vessel was sold or transferred.
(d) Each additional vessel which does not exceed the respective
(f) In the event of the temporary transfer of custody of an tonnages indicated on the Master Certificate and which is
unmanned barge with a Certificate under this subpart, where the eligible for coverage by a Master Certificate is automatically
certificant transferring the barge continues to be liable under the covered by that Master Certificate. Before acquiring a vessel, by
Acts and continues to maintain on file with the Director, NPFC, any means, including conversion of an existing vessel, that
acceptable evidence of financial responsibility with respect to would have the effect of increasing the certificant's required
the barge, the existing Certificate remains in effect in respect to applicable amount of financial responsibility (above that
that vessel, and a temporary new Certificate is not required for provided for issuance of the existing Master Certificate), the
the vessel. The temporary transferee is encouraged to require certificant must submit to the Director, NPFC, the following:
the transferring certificant to acknowledge in writing that the
transferring certificant agrees to remain responsible for pollution (1) Evidence of increased financial responsibility.
liabilities.
(2) A new certification fee.
138.100 Non-owning operator's responsibility for
identification. (3) Either a new Application or a letter amending the existing
(a) Each operator that is not an owner of a vessel with a Application to reflect the new gross tonnage which is to be
Certificate under this subpart, other than an unmanned barge, indicated on a new Master Certificate.
must ensure that the original or a legible copy of the demise
charter-party (or other written document on the owner's (e) A person to whom a Master Certificate has been issued must
letterhead, signed by the vessel owner, which specifically submit to the Director, NPFC, every six months beginning the
identifies the vessel operator named on the Certificate) is month after the month in which the Master Certificate is issued,
maintained on board the vessel. a report indicating the name, previous name, type, and gross
tonnage of each vessel covered by the Master Certificate during
(b) The demise charter-party or other document required by the preceding six-month reporting period and indicating which
paragraph (a) of this section must be presented, upon request, vessels, if any, are tank vessels.
for examination and copying, to a United States Government
official. 138.120 Certificates, denial or revocation.
(a) The Director, NPFC, may deny a Certificate when an
138.110 Master Certificates. applicant--
(a) A contractor or other person who is responsible for a vessel
in the capacity of a builder, scrapper, lessor, or seller (including (1) Willfully or knowingly makes a false statement in connection
a repairer who agrees to be responsible for a vessel under its with an Application or other submission or filing under this
custody) may apply for a Master Certificate instead of applying subpart for an initial or renewal Certificate;
for an individual Certificate or Fleet Certificate for each vessel. A
Master Certificate covers all of the vessels subject to this (2) Fails to establish acceptable evidence of financial
subpart held by the applicant solely for purposes of construction, responsibility as required by this subpart;
repair, scrapping, lease, or sale. A vessel which is being
operated commercially in any business venture, including the (3) Fails to pay the required Application or certification fees;
business of building, repairing, scrapping, leasing, or selling
(e.g., a slop barge used by a shipyard) cannot be covered by a (4) Fails to comply with or respond to lawful inquiries,
Master Certificate. Any vessel for which a Certificate is required, regulations, or orders of the Coast Guard pertaining to the
but which is not eligible for a Master Certificate, must be activities subject to this subpart; or
covered by either an individual Certificate or a Fleet Certificate.
(5) Fails to timely file with the Director, NPFC, required
(b) An applicant for a Master Certificate must submit an statements, data, notifications, or affidavits.
Application form in the manner prescribed by Sec. Sec. 138.40
through 138.60. An applicant must establish evidence of (b) The Director, NPFC, may revoke a Certificate when a
financial responsibility in accordance with Sec. 138.80, by certificant--
submission, for example, of an acceptable Master Insurance
Guaranty Form, Surety Bond Guaranty Form, Master Financial (1) Willfully or knowingly makes a false statement in connection
Guaranty Form, or acceptable self-insurance documentation. An with an Application for an initial or a renewal Certificate, or in
Application for a Master Certificate must be completed in full, connection with any other filing required by this subpart;
except for Item 5. The applicant must make the following
statement in Item 5: ``This is an application for a Master (2) Fails to comply with or respond to lawful inquiries,
Certificate. The largest tank vessel to be covered by this regulations, or orders of the Coast Guard pertaining to the
application is [insert applicable gross tons] gross tons. The activities subject to this subpart; or
largest vessel other than a tank vessel is [insert applicable gross
tons] gross tons.'' The dollar amount of financial responsibility (3) Fails to timely file with the Director, NPFC, required
evidenced by the applicant must be sufficient to meet the statements, data, notifications, or affidavits.
amount required under this subpart.
(c) A Certificate is immediately invalid, and considered revoked,
(c) Each Master Certificate issued by the Director, NPFC, without prior notice, when the certificant--
indicates
(1) Fails to maintain acceptable evidence of financial
(1) The name of the applicant (i.e., the builder, repairer, responsibility as required by this subpart;
scrapper, lessor, or seller);
(2) Is no longer the responsible operator of the vessel or fleet in
(2) The date of issuance and termination, encompassing a question; or
period of not more than 3 years; and

272
(3) Alters any copy of a Certificate. the $100 certification fee to renew or to reissue a Certificate for
any reason, including, but not limited to, a vessel or operator
(d) The Director, NPFC, will advise the applicant or certificant, in name change.
writing, of the intention to deny or revoke a Certificate under
paragraph (a) or (b) of this section and will state the reason for (e) A certification fee is refunded, upon receipt of a written
the decision. Written advice from the Director, NPFC, that an request, if the Application is denied or withdrawn before
incomplete Application will be considered withdrawn unless it is issuance of the Certificate. Overpayments of Application and
completed within a stated period, is the equivalent of a denial. certification fees are refunded, on request, only if the refund is
for $100 or more. However, any overpayments not refunded will
(e) If the intended revocation under paragraph (b) of this section be credited, for a period of 3 years from the date of receipt of the
is based on failure to timely file required financial statements, monies by the Coast Guard, for the applicant's possible future
data, notifications, or affidavits with the Director, NPFC, the use or transfer to another applicant under this subpart.
revocation is effective 10 days after the date of the notice of
intention to revoke, unless, before the effective date of the 138.140 Enforcement.
revocation, the certificant demonstrates to the satisfaction of the (a) Any person who fails to comply with this subpart with respect
Director, NPFC, that the required documents were timely filed or to evidence of financial responsibility under Section 1016 of
have been filed. OPA 90 (33 U.S.C. 2716) is subject to a civil penalty under
Section 4303(a) of OPA 90 (33 U.S.C. 2716a(a)). In addition,
(f) If the intended denial is based on paragraph (a)(1) or (a)(4) of under Section 4303(b) of OPA 90 (33 U.S.C. 2716a(b)), the
this section, or the intended revocation is based on paragraph Attorney General may secure such relief as may be necessary
(b)(1) or (b)(2) of this section, the applicant or certificant may to compel compliance with the OPA 90 requirements of this
request, in writing, an opportunity to present information for the subpart, including termination of operations. Further, any person
purpose of showing that the applicant or certificant is in who fails to comply with this subpart with respect to evidence of
compliance with the subpart. The request must be received by financial responsibility under Section 108(a) of CERCLA (42
the Director, NPFC, within 10 days after the date of the U.S.C. 9608(a)), is subject to a Class I administrative civil
notification of intention to deny or revoke. A Certificate subject to penalty, a Class II administrative civil penalty or a judicial
revocation under this paragraph remains valid until the Director, penalty under Section 109 of CERCLA (42 U.S.C. 9609).
NPFC, issues a written decision revoking the Certificate.
(b) The Secretary of the Department in which the U.S. Coast
(g) An applicant or certificant whose Certificate has been denied Guard is operating will withhold or revoke the clearance required
under paragraph (a) of this section or revoked under paragraph by 46 U.S.C. 60105 to any vessel subject to this subpart that
(b) or (c) of this section may request the Director, NPFC, to has not provided the evidence of financial responsibility required
reconsider the denial or revocation. The certificant must submit by this subpart.
a request for reconsideration, in writing, to the Director, NPFC,
within 20 days of the date of the denial or revocation. The (c) The Coast Guard may deny entry to any port or place in the
certificant must state the reasons for requesting reconsideration. United States or the navigable waters of the United States, and
The Director, NPFC, will generally issue a written decision on may detain at a port or place in the United States in which it is
the request within 30 days of receipt, provided that, if the located, any vessel subject to this subpart, which has not
Director, NPFC, does not issue a decision within 30 days, the provided the evidence of financial responsibility required by this
request for reconsideration will be deemed to have been denied, subpart.
and the denial or revocation will be deemed to have been
affirmed. Unless the Director, NPFC, issues a decision reversing (d) Any vessel subject to this subpart which is found operating in
the revocation, a revoked Certificate remains invalid. A decision the navigable waters without having been issued a Certificate or
by the Director, NPFC, affirming a denial or revocation, is final maintained the necessary evidence of financial responsibility as
agency action. required by this subpart is subject to seizure by, and forfeiture to,
the United States.
138.130 Fees.
(a) The Director, NPFC, will not issue or renew a Certificate until (e) Knowingly and willfully using an altered copy of a Certificate,
the fees set forth in paragraphs (c) and (d) of this section have or using a copy of a revoked, expired or voided Certificate for
been paid. anything other than recordkeeping purposes, is prohibited. If a
Certificate is revoked, has expired or is rendered void for any
(b) For those using E-COFR, credit card payment is required. reason, the certificant must cease using all copies of the
Otherwise, fees must be paid in United States currency by Certificate for anything other than the operator's own historical
check, draft, or postal money order made payable to the ``U.S. recordkeeping purposes.
Coast Guard''.
138.150 Service of process.
(c) An applicant who submits an Application under this subpart (a) When executing the forms required by this subpart, each
must pay a non-refundable Application fee of $200 for each applicant, certificant and guarantor must designate thereon a
Application (i.e., individual Certificate, Fleet Certificate, or person located in the United States as its agent for service of
Master Certificate), except as follows: process for purposes of this subpart and for receipt of notices of
responsible party designations and presentations of claims
(1) An Application for an additional (i.e., supplemental) individual under the Acts (collectively referred to herein as ``service of
Certificate, process''). Each designated agent must acknowledge the
agency designation in writing unless the agent has already
(2) A request to amend or renew an existing Certificate, or furnished the Director, NPFC, with a master (i.e., blanket)
agency acknowledgment showing that the agent has agreed in
(3) An Application submitted within 90 days following a advance to act as the United States agent for service of process
revocation or other invalidation of a Certificate. for the applicant, certificant, or guarantor in question.

(d) In addition to the Application fee of $200, an applicant must (b) If any applicant, certificant, or guarantor desires, for any
pay a certification fee of $100 for each vessel for which a reason, to change any designated agent, the applicant,
Certificate is requested. An applicant must pay the $100 certificant, or guarantor must notify the Director, NPFC, of the
certification fee for each vessel listed in, or later added to, an change. If a master agency acknowledgment for the new agent
Application for an individual Certificate(s). An applicant must pay is not on file with NPFC, the applicant, certificant, or guarantor

273
must furnish to the Director, NPFC, all the relevant information, 138.220 Limits of liability.
including the new agent's acknowledgment, required in (a) Vessels. (1) The OPA 90 limits of liability for vessels are
accordance with paragraph (a) of this section. In the event of
death, disability, unavailability, or similar event of a designated (i) For a tank vessel greater than 3,000 gross tons with a single
agent, the applicant, certificant, or guarantor must designate hull, including a single-hull vessel fitted with double sides only or
another agent in accordance with paragraph (a) of this section a double bottom only, the greater of $3,000 per gross ton or
within 10 days of knowledge of any such event. The applicant, $22,000,000;
certificant, or guarantor must submit the new designation to the
Director, NPFC. The Director, NPFC, may deny or revoke a (ii) For a tank vessel greater than 3,000 gross tons with a double
Certificate if an applicant, certificant, or guarantor fails to hull, the greater of $1,900 per gross ton or $16,000,000.
designate and maintain an agent for service of process.
(iii) For a tank vessel less than or equal to 3,000 gross tons with
(c) If a designated agent cannot be served because of death, a single hull, including a single-hull vessel fitted with double
disability, unavailability, or similar event, and another agent has sides only or a double bottom only, the greater of $3,000 per
not been designated under this section, then service of process gross ton or $6,000,000.
on the Director, NPFC, will constitute valid service of process.
Service of process on the Director, NPFC, will not be effective (iv) For a tank vessel less than or equal to 3,000 gross tons with
unless the server-- a double hull, the greater of $1,900 per gross ton or $4,000,000.

(1) Sends the applicant, certificant, or guarantor, as applicable (v) For any other vessel, the greater of $950 per gross ton or
(by registered mail, at the last known address on file with the $800,000.
Director, NPFC), a copy of each document served on the
Director, NPFC; and (2) As used in this paragraph

(2) Attests to this registered mailing, at the time process is (a), the term double hull has the meaning set forth in 33 CFR
served upon the Director, NPFC, indicating that the intent of the part 157 and the term single hull means any hull other than a
mailing is to effect service of process on the applicant, certificant, double hull.
or guarantor and that service on the designated agent is not
possible, stating the reason why. (b) Deepwater ports. The OPA 90 limits of liability for deepwater
ports are
Subpart B--OPA 90 Limits of Liability (Vessels
and Deepwater Ports) (1) Generally. For any deepwater port other than a deepwater
port with a limit of liability established by regulation under
Source: USCG-2008-0007, 74 FR 31368, July 1, 2009, unless Section 1004(d)(2) of OPA 90 (33 U.S.C. 2704(d)(2)) and set
otherwise noted. forth in paragraph (b)(2) of this section, $350,000,000; and

138.200 Scope. (2) For deepwater ports with limits of liability established by
This subpart sets forth the limits of liability for vessels and regulation under Section 1004(d)(2) of OPA 90 (33 U.S.C.
deepwater ports under section 1004 of the Oil Pollution Act of 2704(d)(2)):
1990, as amended (33 U.S.C. 2704) (OPA 90), including
adjustments pursuant to section 1004(d) of OPA 90 (33 U.S.C. (i) For the Louisiana Offshore Oil Port (LOOP), 62,000,000;
2704(d)).
(ii) [Reserved].
138.210 Applicability.
This subpart applies to you if you are a responsible party for a (c) [Reserved].
vessel as defined under Section 1001(37) of OPA 90 (33 U.S.C.
2701(37)) or a deepwater port as defined under Section 1001(6) [FR Doc. E8-21554 Filed 9-16-08; 8:45 am]
of OPA 90 (33 U.S.C. 2701(6)), unless your OPA 90 liability is
unlimited under Section 1004(c) of OPA 90 (33 U.S.C. 2704(c)).

274
Part 140General
Table of Contents fixed OCS facilities or regulate drilling or production equipment on
any OCS facility or attending vessel, except for matters affecting
navigation or workplace safety or health.
Subchapter N-Outer Continental Shelf Activities
140.5 Exemptions During Construction.
Subpart A-General The Officer in Charge, Marine Inspection, may exempt any unit
Sec. under construction from any requirements of this subchapter that
140.1 Purpose. would be impracticable or unreasonable to apply during
140.3 Applicability. construction or erection of the unit.
140.4 Relationship To Other Law.
140.5 Exemptions During Construction. 140.7 Incorporation By Reference.
140.7 Incorporation By Reference. (a) Certain materials are incorporated by reference into this
140.10 Definitions. subchapter with the approval of the Director of the Federal
140.15 Equivalents And Approved Equipment. Register in accordance with 5 U.S.C. 552(a). To enforce any
140.20 Delegations. edition other than the one listed in paragraph (b) of this section,
140.25 Appeals. notice of the change must be published in the Federal Register
140.30 Judicial Review. and the material made available to the public. All approved
140.35 Sanctions. material is available for inspection at Coast Guard Headquarters.
140.40 Processing Penalty Cases. Contact Commandant (CG-CVC), Attn: Office of Commercial
Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin
Subpart BInspections Luther King Jr. Avenue SE., Washington, DC 20593-7501. You
may also contact the National Archives and Records
140.101 Inspection By Coast Guard Marine Inspectors Or Administration (NARA). For information on the availability of this
Minerals Management Service Inspectors. material at NARA, call 202-741-6030, or go to:
140.103 Annual Inspection Of Fixed OCS Facilities. http://www.archives.gov/federal_register/code_of_federal_regulati
140.105 Correction Of Deficiencies And Hazards. ons/ibr_locations.html. All approved material is available from the
sources indicated in paragraph (b) of this section.
Subpart CInvestigations
(b) The material approved for incorporation by reference in this
140.201 General. subchapter and the sections affected are as follows:
140.203 Investigation Procedures.
140.205 Subpoenas. American National Standards Institute (ANSI)

Authority: 43 U.S.C. 1333, 1348, 1350, 1356; Department of 11 West 42nd Street, New York, NY 10036.
Homeland Security Delegation No. 0170.1.
ANSI A10.14-1975Requirements for Safety Belts, Harnesses,
Source: CGD 78-160, 47 FR 9376, Mar. 4, 1982, unless Lanyards, Lifelines, and Drop Lines for Construction and
otherwise noted. Industrial Use. 142.42
______________________________________________________________________

ANSI/UL1123-1987Standard for Marine Buoyant Devices.


Subpart A-General 143.405
140.1 Purpose.
This subchapter is intended to promote safety of life and property ANSI Z41-1983American National Standard for Personal
on Outer Continental Shelf (OCS) facilities, vessels, and other Protection-Protective Footwear. 142.33
units engaged in OCS activities, protect the marine environment,
and implement the Outer Continental Shelf Lands Act (43 U.S.C. ANSI Z87.1-1979Practice for Occupational and Educational
1331 et seq.), as amended by the Outer Continental Shelf Lands Eye and Face Protection. 142.27
Act Amendments of 1978 (Pub. L. 95-372, 92 Stat. 629).
ANSI Z88.2-1980Practices for Respiratory Protection. 142.39
140.3 Applicability.
Unless otherwise stated, this subchapter applies to OCS facilities, ANSI Z89.1-1981Safety Requirements for Industrial Head
vessels, and other units engaged in OCS activities as the term Protection. 142.30
"OCS activities" is defined in 140.10. This subchapter does not
apply to pipelines and deepwater ports (as the term "deepwater International Maritime Organization (IMO)
port" is defined in section 3(10) of the Deepwater Port Act of 1974
(33 U.S.C. 1502)). IMO Sales, New York Nautical Instrument and Service Corp., 140
W. Broadway, New York, NY 10013
140.4 Relationship To Other Law.
(a) Design and equipment requirements of this subchapter for IMO Assembly Resolution A.414 (XI) Code for Construction and
OCS facilities, including mobile offshore drilling units in contact Equipment of Mobile Offshore Drilling Units. 143.207; 146.205
with the seabed of the OCS for exploration or exploitation of
subsea resources, are in addition to the regulations and orders of [CGD 84-098b, 54 FR 21571, May 18, 1989, as amended by
the U.S. Geological Survey applicable to those facilities. CGD 96-026, 61 FR 33665, June 28, 1996; 69 FR 18803, Apr. 9,
2004; USCG-2004-18057, 69 FR 34926, June 23, 2004; USCG-
(b) Any apparent conflict between the application of any 2010-0351, 75 FR 36283, June 25, 2010; USCG-2014-0410, 79
requirement of this subchapter and any regulation or order of the FR 38434, July 7, 2013]
U.S. Geological Survey should immediately be brought to the
attention of the Officer in Charge, Marine Inspection. 140.10 Definitions.
As used in this subchapter:
(c) This subchapter does not establish design requirements for

275
Act means the Outer Continental Shelf Lands Act of 1953 (43 Manned platform means a fixed OCS facility on which people
U.S.C. 1331 et seq.), as amended by the Outer Continental Shelf are routinely accommodated for more than 12 hours in successive
Lands Act Amendments of 1978 (Pub. L. 95-372). 24 hour periods.

Approved means approved by the Commandant, unless Marine inspector means a person designated as such by an
otherwise indicated. Officer in Charge, Marine Inspection, to perform inspections of
units to determine whether or not the requirements of laws
Attending vessel means a vessel which is moored close to and administered by the Coast Guard and of Coast Guard regulations
readily accessible from an OCS facility for the purpose of are met.
providing power, fuel, or other services to the operation being
conducted on the facility. Minerals includes oil, gas, sulphur, geopressured-geothermal and
associated resources, and all other minerals which are authorized
Bureau of Safety and Environmental Enforcement inspector by an Act of Congress to be produced from public lands as
or BSEE inspector means an individual employed by the Bureau defined in section 103 of the Federal Lands Policy and
of Safety and Environmental Enforcement who inspects fixed Management Act of 1976 (43 U.S.C. 1702(e)).
OCS facilities on behalf of the Coast Guard to determine whether
the requirements of this subchapter are met. Mobile offshore drilling unit or MODU means a vessel, other
than a public vessel of the United States, capable of engaging in
Commandant means Commandant of the Coast Guard or that drilling operations for exploration or exploitation of subsea
person's authorized representative. resources.

Constructed means the date- Officer in Charge, Marine Inspection means a person who
commands a Marine Inspection Zone described in part 3 of this
(1) The vessel's keel was laid; or chapter and who is immediately responsible for the performance
of duties with respect to inspections, enforcement, and
(2) Construction identifiable with the vessel or facility began and administration of regulations governing units.
assembly of that vessel or facility commenced comprising of 50
metric tons or at least 1 percent of the estimated mass of all Operator means
structural material, whichever is less.
(1) In the case of a vessel, a charterer by demise or any other
Development means those activities which take place following person who is responsible for the operation, manning, victualing,
discovery of minerals in paying quantities, including, but not and supplying of the vessel; or
limited to, geophysical activity, drilling, and platform construction,
and which are for the purpose of ultimately producing the minerals (2) In the case of an OCS facility, the operator as defined in 30
discovered. CFR 250.2(gg).

District Commander means an officer who commands a Coast Outer Continental Shelf or OCS means all submerged lands
Guard District described in part 3 of this chapter or that person's lying seaward and outside of the area of lands beneath navigable
authorized representative. waters as defined in section 2(a) of the Submerged Lands Act
(43 U.S.C. 1301(a)) and of which the subsoil and seabed
Exploration means the process of searching for minerals, appertain to the United States and are subject to its jurisdiction
including, but not limited to, and control.

(1) geophysical surveys where magnetic, gravity, seismic, or other OCS activity means any offshore activity associated with
systems are used to detect or imply the presence of such exploration for, or development or production of, the minerals of
minerals, and the Outer Continental Shelf.

(2) any drilling, whether on or off known geological structures, OCS facility means any artificial island, installation, or other
including the drilling of a well in which a discovery of oil or natural device permanently or temporarily attached to the subsoil or
gas in paying quantities is made and the drilling of any additional seabed of the Outer Continental Shelf, erected for the purpose of
delineation well after the discovery which is needed to delineate exploring for, developing, or producing resources therefrom, or
any reservoir and to enable the lessee to determine whether to any such installation or other device (other than a ship or vessel)
proceed with development and production. for the purpose of transporting such resources. The term includes
mobile offshore drilling units when in contact with the seabed of
Fixed OCS facility means a bottom founded OCS facility the OCS for exploration or exploitation of subsea resources. The
permanently attached to the seabed or subsoil of the OCS, term does not include any pipeline or deepwater port (as the term
including platforms, guyed towers, articulated gravity platforms, deepwater port is defined in section 3(10) of the Deepwater Port
and other structures. Act of 1974 (33 U.S.C. 1502)).

Floating OCS facility means a buoyant OCS facility securely and Owner means a person holding title to or, in the absence of title,
substantially moored so that it cannot be moved without a special other indicia of ownership of a unit; however, this does not include
effort. This term includes tension leg platforms and permanently a person who holds indicia of ownership primarily to protect a
moored semisubmersibles or shipshape hulls but does not include security interest in the unit and does not participate in the
mobile offshore drilling units and other vessels. management or operation of the unit.

Investigating officer means a person assigned by the Person means an individual, association, partnership, consortium,
Commandant, a District Commander, or an Officer in Charge, joint venture, private, public, or municipal firm or corporation, or a
Marine Inspection, to conduct an investigation of an accident, government entity.
casualty, or other incident.
Person in charge means the master or other individual
Manned facility means an OCS facility on which people are designated as such by the owner or operator under 146.5 of this
routinely accommodated for more than 12 hours in successive 24 subchapter or 46 CFR 109.107.
hour periods.

276
Personnel means individuals who are employed by leaseholders, (c) Authority delegated under this section may be redelegated as
permit holders, operators, owners, contractors, or subcontractors necessary by the delegate.
and who are on a unit by reason of their employment.
140.25 Appeals.
Production means those activities which take place after the (a) Any person directly affected by an action or decision of an
successful completion of any means for the removal of minerals, Officer in Charge, Marine Inspection, under the Act or the
including, but not limited to, such removal, field operations, regulations in this subchapter may request reconsideration of that
transfer of minerals to shore, operation monitoring, maintenance, action or decision. If still dissatisfied, that person may appeal the
and workover. action or decision of the Officer in Charge, Marine Inspection,
within 30 days to the District Commander of the District in which
Rebuilt means having had substantial alteration or reconstruction the action was taken or the decision made. The District
of the hull or principal structural component. Commander issues a decision after reviewing the appeal
submitted under this paragraph.
Standby vessel means a vessel meeting the requirements of part
143, subpart E, of this chapter and specifically designated in an (b) Any person not satisfied with the decision of a District
Emergency Evacuation Plan under 146.140 or 146.210 of this Commander may appeal that decision within 30 days to the
chapter to provide rapid evacuation assistance in the event of an Commandant, who issues a ruling after reviewing the appeal
emergency. submitted under this paragraph. Rulings of the Commandant
constitute final agency action.
Unit means any OCS facility, vessel, rig, platform, or other vehicle
or structure, domestic or foreign. (c) An appeal to the District Commander or Commandant:

Unmanned facility means an OCS facility, other than a floating (1) Must be made in writing, except in an emergency when an oral
facility or mobile offshore drilling unit, which is not a manned appeal may be accepted;
facility even though it may be continuously serviced by an
attending vessel. (2) Must be submitted to the District Commander of the District in
which the action was taken or the decision made;
Unmanned platform means a fixed, bottom-founded OCS facility
which is not a manned facility even though it may be continuously (3) Must describe the decision or action being appealed;
serviced by an attending vessel.
(4) Must state the reasons why the action or decision should be
Vessel means every description of watercraft or other artificial set aside or modified; and
contrivance used, or capable of being used, as a means of
transportation on water. (5) May contain any supporting documents and evidence that the
appellant wishes to have considered.
[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD
79-077, 51 FR 25059, July 10, 1986; CGD 84-098b, 54 FR 21571, (d) Pending determination of any appeal, the action or decision
May 18, 1989; USCG-2001-9045, 67 FR 5916, Feb. 7, 2002; appealed remains in effect, unless suspended by the District
USCG-2011-0257, 76 FR 31837, June 2, 2011; USCG-2013-0797, Commander to whom the appeal was made or by the
79 FR 36405, June 27, 2014] Commandant.

140.15 Equivalents And Approved Equipment. 140.30 Judicial Review.


(a) The use of alternate equipment or procedures for those (a) Nothing in this subchapter shall be construed to prevent any
specified in this subchapter may be permitted by an Officer in interested party from seeking judicial review as authorized by law.
Charge, Marine Inspection, to the extent and upon conditions as
will insure a degree of safety comparable to or greater than that (b) Judicial review of the regulations in this subchapter, or any
provided by the minimum standards in this subchapter. final ruling or order of the Commandant or that person's delegate
pursuant to the Act or the regulations in this subchapter, is
(b) Where equipment in this subchapter is required to be of an governed by the judicial review provisions of section 23 of the Act
approved type, the equipment requires the specific approval of (43 U.S.C. 1349).
the Commandant. Approvals are published in the Federal
Register and COMDTINST M16714.3 (Series) Equipment List, 140.35 Sanctions.
available from Coast Guard Headquarters. Contact Commandant (a) Any person who fails to comply with:
(CG-ENG), Attn: Office of Design and Engineering Standards,
U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue (1) Any provision of the Act;
SE., Washington, DC 20593-7509.
(2) Any regulation in this subchapter; or
(c) Specifications for certain items required to be of an approved
type are contained in 46 CFR Parts 160 through 164. (3) Any order issued under the Act or the regulations in this
subchapter by the Commandant, a District Commander, or an
[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended at CGD 88- Officer in Charge, Marine Inspection, after notice of the failure and
052, 53 FR 25121, July 1, 1988; CGD 96-026, 61 FR 33665, June after expiration of any reasonable period allowed for corrective
28, 1996; USCG-2010-0351, 75 FR 36283, June 25, 2010; action, shall be liable for a civil penalty for each day of the
USCG-2014-0410, 79 FR 38434, July 7, 2013] continuance of the failure.

140.20 Delegations. (b) Any person who knowingly and willfully:


(a) Each District Commander is responsible for the administration
and enforcement of the regulations in this subchapter within that (1) Violates any provision of the Act;
person's assigned district.
(2) Violates any regulation in this subchapter designed to protect
(b) Under the general superintendence of the District Commander, health, safety, or the environment;
the Officer in Charge, Marine Inspection, is delegated authority to
administer and enforce the regulations in this subchapter. (3) Violates any order of the Commandant, District Commander,
or Officer in Charge, Marine Inspection, issued under the Act or

277
the regulations in this subchapter that is designed to protect Officer in Charge, Marine Inspection, or BSEE.
health, safety, or the environment;
(d) As part of an inspection, a Coast Guard marine inspector or a
(4) Makes any false statement, representation, or certification in BSEE inspector may review records and require and observe the
any application, record, report, or other document filed or required conduct of emergency drills and other tests and procedures as
to be maintained under the Act or the regulations in this may be necessary to demonstrate to that person's satisfaction
subchapter; that the unit and its equipment are in full compliance with
applicable Coast Guard regulations. The Coast Guard marine
(5) Falsifies, tampers with, or renders inaccurate any monitoring inspector or the BSEE inspector consults with the person in
device or method of record required to be maintained under this charge of the unit before requiring a drill or other test or procedure
Act or the regulations in this subchapter; or to be conducted to minimize disruption of unit activities and risk to
life or property.
(6) Reveals any data or information required to be kept
confidential by the Act shall, upon conviction, be punished by a (e) Coast Guard inspections of foreign units recognize valid
fine of not more than $100,000, or by imprisonment for not more international certificates accepted by the United States, including
than ten years, or both. Each day that a violation under paragraph Safety of Life at Sea (SOLAS), Loadline, and Mobile Offshore
(b)(1), (b)(2), or (b)(3) of this section continues, or each day that Drilling Unit (MODU) Code certificates for matters covered by the
any monitoring device or data recorder remains inoperative or certificates, unless there are clear grounds for believing that the
inaccurate because of any activity described in paragraph (b)(5) condition of the unit or its equipment does not correspond
of this section, constitutes a separate violation. substantially with the particulars of the certificate.

(c) Whenever a corporation or other entity is subject to (f) Coast Guard marine inspectors conduct an initial inspection of
prosecution under paragraph (b) of this section, any officer or each fixed OCS facility to determine whether the facility is in
agent of the corporation or entity who knowingly and willfully compliance with the requirements of this subchapter.
authorized, ordered, or carried out the prescribed activity shall be
subject to the same fines or imprisonment, or both, as provided [CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD
for under paragraph (b) of this section. 84-098a, 53 FR 18980, May 26, 1988; USCG-2001-9045, 67 FR
5916, Feb. 7, 2002; USCG-2011-0257, 76 FR 31837, June 2,
(d) The penalties prescribed in this section are concurrent and 2011; USCG-2013-0797, 79 FR 35405, June 27, 2014]
cumulative and the exercise of one does not preclude the
exercise of the others. Further, the penalties prescribed in this 140.103 Annual Inspection Of Fixed OCS Facilities.
section are in addition to any other penalties afforded by any (a) The owner or operator of each fixed OCS facility shall ensure
other law or regulation. that the facility is inspected, at intervals not to exceed 12 months,
to determine whether the facility is in compliance with the
[CGD 78-160, 47 FR 9376, Mar. 4, 1982, as amended by CGD requirements of this subchapter.
96-052, 62 FR 16703, Apr. 8, 1997]
(b) Except for initial inspections under 140.101(f), inspections by
140.40 Processing Penalty Cases. Coast Guard marine inspectors and Bureau of Safety and
Apparent violations of the regulations in this subchapter are Environmental Enforcement (BSEE) inspectors do not meet the
processed in accordance with subpart 1.07 of 33 CFR part 1 on requirements for an inspection under paragraph (a) of this section.
civil and criminal penalty proceedings, except as follows:
(c) Except for initial inspections under 140.101(f), the results of
(a) The District Commander refers civil penalty cases to the the inspection under paragraph (a) of this section must be
Secretary of the Interior, or that person's delegate, who, under the recorded on form CG-5432. Forms CG-5432 may be obtained
Act, assesses, collects, and compromises civil penalties. from the Officer in Charge, Marine Inspection. A copy of the
completed form must be kept for 2 years after the inspection
(b) If a possible violation investigated by the Coast Guard carries under paragraph (a) of this section is conducted and the form
both a civil and a criminal penalty, the District Commander made available to the Coast Guard and BOEMRE on request. For
determines whether to refer the case to the U.S. Attorney for manned fixed OCS facilities, the copy of the completed form must
criminal prosecution or to the Secretary of the Interior, or that be kept on the facility. For unmanned fixed OCS facilities, the
person's delegate, for civil penalty proceedings. copy of the completed form must be kept either at the nearest
manned fixed OCS facility or, if there is no manned fixed OCS
(c) When the U.S. Attorney declines to institute criminal facility in the area, at the nearest field office of the owner or
proceedings, the District Commander decides whether to refer the operator. In addition, the owner or operator must submit, to the
case to the Secretary of the Interior, or that person's delegate, for appropriate BSEE District office, a copy of each completed form
civil penalty proceedings or to close the case. CG-5432 that indicates outstanding deficiencies or hazards,
within 30 days after completion of the inspection.
Subpart B - Inspections
[CGD 84-098a, 53 FR 18980, May 26, 1988, as amended by
140.101 Inspection by Coast Guard marine inspectors or USCG-2001-9045, 67 FR 5916, Feb. 7, 2002; USCG-2011-0257,
Bureau of Safety and Environmental Enforcement inspectors. 76 FR 31837, June 2, 2011; USCG-2013-0797, 79 FR 36405,
(a) Each unit engaged in OCS activities is subject to inspection by June 27, 2014]
the Coast Guard.
140.105 Correction Of Deficiencies And Hazards.
(b) On behalf of the Coast Guard, each fixed OCS facility (a) Lifesaving and fire fighting equipment which is found defective
engaged in OCS activities is subject to inspection by the Bureau during an inspection by a Coast Guard marine inspector or a
of Safety and Environmental Enforcement (BSEE). Bureau of Safety and Environmental Enforcement (BSEE)
inspector and which, in the opinion of the inspector, cannot be
(c) Under the direction of the Officer in Charge, Marine Inspection, satisfactorily repaired must be so mutilated in the presence of the
Coast Guard marine inspectors may inspect units engaged in inspector that it cannot be used for the purpose for which it was
OCS activities, and BSEE inspectors may inspect fixed OCS originally intended. Lifesaving and fire fighting equipment
facilities, to determine whether the requirements of this subsequently determined to be unrepairable must be similarly
subchapter are met. These inspections may be conducted with or mutilated in the presence of the person making that determination.
without advance notice at any time deemed necessary by the

278
(b) Any deficiency or hazard discovered during an inspection by a (b) Injury resulting in substantial impairment of any bodily unit or
Coast Guard marine inspector or a BSEE inspector is reported to function.
the unit's owner or operator, who shall have the deficiency or
hazard corrected or eliminated as soon as practicable and within (c) Fire which causes death, serious injury or property damage
the period of time specified by the inspector. exceeding $25,000.

(c) Deficiencies and hazards discovered during an inspection of a (d) Oil spillage exceeding two hundred barrels of oil in one
fixed OCS facility under 140.103(a) must be corrected or occurrence during a thirty-day period.
eliminated, if practicable, before the form CG-5432 is completed.
Deficiencies and hazards that are not corrected or eliminated by (e) Other injuries, casualties, accidents, complaints of unsafe
the time the form is completed must be indicated on the form as working conditions, fires, pollution, and incidents occurring as a
outstanding and the form submitted to the appropriate BSEE result of OCS activities as the Officer in Charge, Marine
District office. Upon receipt of a form CG-5432 indicating Inspection, deems necessary to promote the safety of life or
outstanding deficiencies or hazards, BSEE informs, by letter, the property or protect the marine environment.
owner or operator of the fixed OCS facility of the deficiencies or
hazards and the time period specified to correct or eliminate the 140.203 Investigation Procedures.
deficiencies or hazards. (a) Insofar as practicable, investigations conducted pursuant to
this subchapter shall follow the procedures of 46 CFR Part 4.
(d) For lifesaving and fire fighting equipment deficiencies on fixed
OCS facilities that cannot be corrected before the submission of (b) Representatives of the U.S. Geological Survey may participate
form CG-5432, the owner or operator must contact the in these investigations. This participation may include, but is not
appropriate BSEE District Supervisor to request a time period for limited to:
repair of the item. The owner or operator must include a
description of the deficiency and the time period approved by (1) Participating in a joint on-scene investigation;
BSEE for correction of the deficiency in the comment section of
form CG-5432. (2) Making recommendations concerning the scope of the
investigation;
(e) Where a deficiency or hazard remains uncorrected or
uneliminated after the expiration of the time specified for (3) Calling and examing witnesses; and
correction or elimination, the Officer in Charge, Marine Inspection
or BSEE (for deficiencies or hazards discovered by BSEE during (4) Submitting or requesting additional evidence.
an inspection of a fixed OCS facility), initiates appropriate
enforcement measures. (c) Reports of investigations conducted under this subchapter
shall be made available to parties to the investigation and the
[CGD84-098a, 53 FR 18981, May 26, 1988, as amended by public upon completion of agency action.
USCG-2001-9045, 67 FR 5916, Feb. 7, 2002; USCG-2013-0797,
79 FR 36405, June 27, 2014] 140.205 Subpoenas.
(a) In any investigation conducted pursuant to this subchapter, the
Subpart C Investigations investigating officer shall have the power to administer necessary
oaths, subpoena witnesses, and require the production of books,
140.201 General. papers, documents, and any other evidence.
Under the direction of the Officer in Charge, Marine Inspection,
investigating officers investigate the following incidents occurring (b) Attendance of witnesses or the production of books, papers,
as a result of OCS activities: documents, or any other evidence shall be compelled by a
process similar to that used in the District Courts of the United
(a) Death. States.

279
Part 141-Personnel
Table of Contents [CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD
97-023, 62 FR 33363, June 19, 1997; USCG-2006-24371, 74 FR
11212, Mar. 16, 2009]
Subpart A-Restrictions On Employment
Sec. 141.10 Definitions.
141.1 Purpose. As used in this subpart:
141.5 Applicability.
141.10 Definitions. Citizens of the United States means:
141.15 Restrictions On Employment.
141.20 Exemptions From Restrictions On Employment. (1) In the case of an individual, one who is a native born,
141.25 Evidence Of Citizenship. derivative, or fully naturalized citizen of the United States;
141.30 Evidence Of Status As A Resident Alien.
141.35 Records To Be Kept By The Employer. (2) In the case of a partnership, unincorporated company, or
association, one in which 50% or more of the controlling interest
Authority: 43 U.S.C. 1356; 46 U.S.C. 70105; 49 CFR 1.46(z). is vested in citizens of the United States; or

Source: CGD 78-160, 47 FR 9379, Mar. 4, 1982, unless (3) In the case of a corporation, one which is incorporated under
otherwise noted. the laws of the United States or of any State thereof.

Citizen of a foreign nation means:


Subpart A-Restrictions On Employment
(1) In the case of an individual, one who is not a citizen of the
141.1 Purpose. United States;
This subpart prescribes rules governing restrictions on the
employment of personnel on units engaged in OCS activities. (2) In the case of a partnership, unincorporated company, or
association, one in which more than 50% of the controlling
141.5 Applicability. interest is vested in citizens of a nation other than the United
(a) This subpart applies to employment of personnel on units States; or
engaged in OCS activities, except as provided in paragraph (b) of
this section. (3) In the case of a corporation, one which is incorporated under
the laws of a nation other than the United States so long as (i) the
(b) This subpart does not apply to employment of personnel on title to a majority of the stock thereof is free from any trust or
any: fiduciary obligation in favor of any citizen of the United States; (ii)
the majority of the voting power in the corporation is not vested in
(1) Vessel subject to the citizenship requirements of 46 U.S.C. any citizen of the United States; (iii) through any contract or
8103 for pilots, crew, and officers holding a valid license or MMC understanding, the majority of the voting power may not be
with officer endorsement when the vessel is transiting to or from exercised directly or indirectly on behalf of any citizen of the
an OCS facility or a United States port; United States; or (iv) by no other means, control of the
corporation is conferred upon or permitted to be exercised by any
(2) Vessel subject to the citizenship requirements of 46 U.S.C. citizen of the United States.
7102 and 8103 for officers and crew on federally subsidized or
documented vessels; or Resident alien means an alien lawfully admitted to the United
States for permanent residence in accordance with section
(3) Unit over 50 percent of which is owned by one or more 101(a)(20) of the Immigration and Nationality Act of 1952, as
citizens of a foreign nation or with respect to which one or more amended, 8 U.S.C. 1101(a)(20).
citizens of a foreign nation have the right effectively to control,
except to the extent and to the degree that the President [CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-
determines that the government of such foreign nation or any of 2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2013-0916, 78
its political subdivisions has implemented, by statute, regulation, FR 69296, Nov. 19, 2013]
policy, or practice, a national manning requirement for equipment
engaged in the exploration, development, or production of oil or 141.15 Restrictions On Employment.
gas in its offshore areas. (a) Each employer of personnel on any unit engaged in OCS
activities that is subject to this part must employ, as members of
(c) The Commandant may, upon request or upon that person's the regular complement of the unit, only citizens of the United
own initiative, determine whether over 50 percent of a particular States or resident aliens except as provided by 141.20.
unit is owned by citizens of a foreign nation or whether citizens of
a foreign nation have the right effectively to control the unit. (b) As used in paragraph (a) of this section, regular complement
of a unit means those personnel necessary for the routine
(d) In determining whether ownership or a right effectively to functioning of the unit, including marine officers and crew;
control exists, the Commandant may consider operational control industrial personnel on the unit, such as toolpushers, drillers,
of a unit, management responsibility, title, lease and charter roustabouts, floor hands, crane operators, derrickmen, mechanics,
arrangements, and financial interests. motormen, and general maintenance personnel; and support
personnel on the unit, such as cooks, stewards and radio
(e) The owner or operator of any unit affected is notified of the operators. The term does not include specialists, professionals, or
Commandant's determination. other technically trained personnel called in to handle
emergencies or other temporary operations; extra personnel on a
(Information collection requirements contained in paragraph (c) unit for training; and other personnel temporarily on a unit for
were approved by the Office of Management and Budget under specialized operations, such as construction, alteration, well
OMB control number 2130-0182) logging, or unusual repairs or emergencies.

(c)

280
(1) The Officer in Charge, Marine Inspection, may determine for one year from the date of issuance.
whether a particular individual or position is part of the regular
complement of a unit. A copy of the determination is provided to (g) If, within 30 days of receipt by the Coast Guard of a request
the owner or operator of the unit affected. under paragraph (a)(2) of this section, the Coast Guard does not
make a determination or advise the employer that additional time
(2) Determinations in paragraph (c)(1) of this section for all for consideration is necessary, the request is considered
MODUs and fixed and floating OCS facilities, as those terms are approved for a period of 90 days from the end of the 30 day
defined in 33 CFR 140.10, operating within the Eighth District period.
Outer Continental Shelf Marine Inspection Zone will be made by
the Eighth District Outer Continental Shelf Officer in Charge, (h) A request need not be submitted for persons who are not
Marine Inspection, as defined and described in 3.40-5 of this citizens of the United States or resident aliens and who:
chapter.
(1) Are employed under the national registry manning
(Approved by the Office of Management and Budget under OMB requirements exception in paragraph (a)(1) of this section; or
control number 2130-0182)
(2) Have been classified and admitted to the United States as
[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG- temporary workers under 8 U.S.C. 1101(a)(15)(H)(ii) for work in a
1998-3799, 63 FR 35530, June 30, 1998] position for which admitted.

141.20 Exemptions From Restrictions On Employment. (Approved by the Office of Management and Budget under OMB
(a) An employer may request an exemption from the restrictions control number 2130-0182)
on employment in 141.15 in order to employ persons other than
citizens of the United States or resident aliens as part of the [CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD
regular complement of the unit under the following circumstances: 96-026, 61 FR 33665, June 28, 1996; USCG-2010-0351, 75 FR
36283, June 25, 2010; USCG-2014-0410, 79 FR 38434, July 7,
(1) When specific contractual provisions or national registry 2013]
manning requirements in effect on September 18, 1978 provide
that a person other than a citizen of the United States or a 141.25 Evidence Of Citizenship.
resident alien is to be employed on a particular unit. (a) For the purposes of this part, the employer may accept as
sufficient evidence that a person is a citizen of the United States
(2) When there is not a sufficient number of citizens of the United any one of the following documents and no others:
States or resident aliens qualified and available for the work.
(1) A valid merchant mariner's document issued by the Coast
(3) When the President determines with respect to a particular Guard which shows the holder to be citizen of the United States.
unit that the employment of only citizens of the United States or
resident aliens is not consistent with the national interest. (2) An original or certified copy of a birth certificate or birth
registration issued by a state or the District of Columbia.
(b) The request must be in writing, identify the provision of
paragraph (a) of this section relied upon, and: (3) A United States passport.

(1) If involving specific contractual provisions under paragraph (4) A Certificate of Citizenship issued by the Immigration and
(a)(1) of this section, list the persons claimed exempt and contain Naturalization Service.
a copy of the contract;
(5) A Certificate of Naturalization issued by a Naturalization Court.
(2) If involving persons without an H-2 Visa under paragraph (a)(2)
of this section, list the persons or positions sought to be exempted; (6) A letter from the Coast Guard issued under paragraph (d) of
or this section.

(3) If under paragraph (a)(3) of this section, identify the unit (b) If a person does not have one of the documents listed in
involved and contain any information in support of the claim. paragraphs (a)(1) through (a)(6) of this section, that person may
appear in person before an Officer in Charge, Marine Inspection,
(c) Requests must be submitted to the Commandant (CG-CVC), and submit one or more of the following documents which may be
Attn: Office of Commercial Vessel Compliance, U.S. Coast Guard considered as evidence that the applicant is a citizen of the
Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, United States:
DC 20593-7501.
(1) A Certificate of Derivative Citizenship or a Certificate of
(d) Upon receipt of a request under paragraph (a)(2) of this Naturalization of either parent and a birth certificate of the
section, the Coast Guard seeks information from the Department applicant or other evidence satisfactorily establishing that the
of Labor concerning whether there are citizens of the United applicant was under 21 years of age at the time of the parent's
States or resident aliens qualified and available for work. If naturalization.
information is provided that citizens of the United States or
resident aliens are qualified and available, the employer may be (2) An original or certified copy of a birth certificate from a political
required to seek their employment before the request is approved. jurisdiction outside the United States which demonstrates
citizenship status.
(e) Upon receipt of a request under paragraph (a)(3) of this
section and after consulting with other Federal agencies as (3) A Baptismal certificate or parish record recorded within one
appropriate, the Commandant forwards the request and the year after birth.
comments of the Coast Guard and other interested agencies to
the President for determination. (4) A statement of a practicing physician certifying that the
physician attended the birth and has a record showing the date on
(f) Upon approval by the President for request under paragraph which the birth occurred.
(a)(3) of this section or by the Coast Guard for all other requests,
the Coast Guard issues a certification of the exemption. A (5) A commission, or evidence of commission, in the Armed
certification issued under paragraph (a)(2) of this section is valid Forces of the United States which shows the holder to be a citizen

281
of the United States. (a) A valid merchant mariner's document issued by the Coast
Guard.
(6) A continuous discharge book or certificate of identification
issued by the Coast Guard or the former Bureau of Marine (b) An alien registration receipt card issued by the Immigration
Inspection, provided the document shows that the applicant and Customs Enforcement Agency certifying that the card holder
produced satisfactory evidence of citizenship at the time the has been admitted to the United States as an immigrant.
document was issued.
(c) A declaration of intention to become a citizen of the United
(7) A delayed certificate of birth issued under a state seal, States issued by a Naturalization Court.
provided there are no collateral facts indicating fraud in its
procurement. [CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-
2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2013-0916, 78
(8) A report of the Census Bureau showing the earliest available FR 69296, Nov. 19, 2013]
record of the applicant's age or birth.
141.35 Records To Be Kept By The Employer.
(9) Affidavits of parents, relatives, or two or more responsible (a) The employer of personnel subject to this subpart shall
citizens of the United States, school records; immigration records; maintain, and make available to the Coast Guard upon request, a
insurance policies; or other records which support the citizenship record identifying which of the documents listed in 141.25 and
claim. 141.30 were relied upon for each employee. The record must
consist of either a copy of the document or the following
(c) In any case where doubt exists concerning evidence of information on the document:
citizenship submitted under paragraph (b) of this section, the
Officer in Charge, Marine Inspection, may refer the matter to the (1) For a merchant mariner's document or a United States
United States Immigration and Naturalization Service for an passport, the document's title and identification number.
advisory opinion.
(2) For a birth certificate or birth registration, the document's title
(d) If the documents submitted under paragraph (b) of this section and the employee's date and place of birth.
are determined by the Officer in Charge, Marine Inspection, to be
sufficient evidence that the applicant is a citizen of the United (3) For all other documents listed in 141.25 and 141.30, the
States, the Coast Guard issues the applicant a letter document's title and date and place of issuance.
acknowledging this determination.
(b) The employer of personnel subject to this subpart shall
(Approved by the Office of Management and Budget under OMB maintain a written list of the positions that make up the regular
control number 2130-0182) complement of the unit and the name and nationality of the
individual filling each employee position. This list may be in
[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG- summary form and any simple format.
2006-24371, 74 FR 11212, Mar. 16, 2009]
(Approved by the Office of Management and Budget under OMB
141.30 Evidence Of Status As A Resident Alien. control number 2130-0182)
For the purposes of this part, the employer may accept as
sufficient evidence that a person is a resident alien any one of the [CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by USCG-
following documents and no others: 2006-24371, 74 FR 11212, Mar. 16, 2009; USCG-2013-0916, 78
FR 69296, Nov. 19, 2013]

282
Part 142-Workplace Safety And Health
Table of Contents condition on any unit engaged in OCS activities to an Officer in
Charge, Marine Inspection.
Subpart A-General (b) After reviewing the report and conducting any necessary
Sec. investigation, the Officer in Charge, Marine Inspection, notifies the
142.1 Purpose. owner or operator of any deficiency or hazard and initiates
142.4 Duties Of Lessees, Permittees, And Persons enforcement measures as the circumstances warrant.
Responsible For Actual Operations.
142.7 Reports Of Unsafe Working Conditions. (c) The identity of any person making a report under paragraph (a)
of this section is not made available, without the permission of the
Subpart B-Personal Protective Equipment reporting person, to anyone other than those officers and
employees of the Department of Transportation who have a need
142.21 Purpose And Applicability. for the record in the performance of their official duties.
142.24 Use Of Equipment.
142.27 Eye And Face Protection. Subpart B-Personal Protective Equipment
142.30 Head Protection.
142.33 Foot Protection. 142.21 Purpose And Applicability.
142.36 Protective Clothing. This subpart prescribes requirements concerning personal
142.39 Respiratory Protection. protection on OCS facilities.
142.42 Safety Belts And Lifelines.
142.45 Personal Flotation Devices. 142.24 Use Of Equipment.
142.48 Eyewash Equipment. (a) Each holder of a lease or permit issued under the Act shall
ensure that all personnel who are required by this subpart to use
Subpart C-General Workplace Conditions or wear personal protective equipment do so when within the
lease area or the area covered by the permit.
142.81 Purpose And Applicability.
142.84 Housekeeping. (b) Persons responsible for actual operations shall ensure that all
142.87 Guarding Of Deck Openings. personnel engaged in the operation properly use or wear the
142.90 Lockout And Tagout. personal protective equipment specified by this subpart.

Authority: 43 U.S.C 1333(d)(1), 1347(c), 1348(c); 49 CFR 142.27 Eye And Face Protection.
1.46(z). (a) Personnel engaged in or observing welding, grinding,
machining, chipping, handling hazardous materials, or acetylene
Source: CGD 79-077, 51 FR 25059, July 10, 1986, unless burning or cutting shall wear the eye and face protector specified
otherwise noted. for the operation in Figure 8 of ANSI Z87.1.

(b) Eye and face protectors must be maintained in good condition.


Subpart A-General
(c) Each eye and face protector must be marked with the
142.1 Purpose. information required by ANSI Z87.1 for that type of protector.
This part is intended to promote workplace safety and health by
establishing requirements relating to personnel, workplace 142.30 Head Protection.
activities and conditions, and equipment on the Outer Continental (a) Personnel in areas where there is a hazard of falling objects or
Shelf (OCS). of contact with electrical conductors shall wear a head protector
meeting the specifications of ANSI Z89.1, for the hazard involved.
142.4 Duties Of Lessees, Permittees, And Persons
Responsible For Actual Operations. (b) Each head protector must be marked with the information
(a) Each holder of a lease or permit under the Act shall ensure specified by ANSI Z89.1 for that type of protector and for the
that all places of employment within the lease area or within the hazard involved.
area covered by the permit on the OCS are maintained in
compliance with workplace safety and health regulations of this 142.33 Foot Protection.
part and, in addition, free from recognized hazards. (a) Personnel working in areas or engaged in activities where
there is a reasonable probability for foot injury to occur shall wear
(b) Persons responsible for actual operations, including owners, footwear meeting the specifications of ANSI Z41, except when
operators, contractors, and subcontractors, shall ensure that environmental conditions exist that present a hazard greater than
those operations subject to their control are conducted in that against which the footwear is designed to protect.
compliance with workplace safety and health regulations of this
part and, in addition, free from recognized hazards. (b) Each pair of footwear must be marked with the information
specified by ANSI Z41 for the type of footwear.
(c) "Recognized hazards", in paragraphs (a) and (b) of this
section, means conditions which are- [CGD 79-077, 51 FR 25059, July 10, 1986, as amended at 51 FR
28381, Aug. 7, 1986]
(1) Generally known among persons in the affected industry as
causing or likely to cause death or serious physical harm to 142.36 Protective Clothing.
persons exposed to those conditions; and Personnel in areas where there are flying particles, molten metal,
radiant energy, heavy dust, or hazardous materials shall wear
(2) Routinely controlled in the affected industry. clothing and gloves providing protection against the hazard
involved.
142.7 Reports Of Unsafe Working Conditions.
(a) Any person may report a possible violation of any regulation in 142.39 Respiratory Protection.(a) Personnel in an atmosphere
this subchapter or any other hazardous or unsafe working specified under ANSI Z88.2, requiring the use of respiratory

283
protection equipment shall wear the type of respiratory protection conditions on OCS facilities.
equipment specified in ANSI Z88.2 for that atmosphere.
142.84 Housekeeping.
(b) Before personnel enter an atmosphere specified under ANSI All staging, platforms, and other working surfaces and all ramps,
Z88.2 requiring the use of respiratory protection equipment, the stairways, and other walkways must be kept clear of portable
persons listed in 142.4 shall ensure that the personnel entering tools, materials, and equipment not in use and be promptly
the atmosphere- cleared of substances which create a tripping or slipping hazard.
When engaged in an activity on the drill floor in which the spillage
(1) Follow the procedures stated in section 6 of ANSI Z88.2 of drilling fluid is inevitable, such as when pulling wet strings of
concerning the proper selection of a respirator and individual fit drill pipe, footwear and flooring designed to reduce slipping
testing; and substantially may be used instead of keeping the drill floor free of
drilling fluid during the activity.
(2) Are trained in the matters set forth in section 7 of ANSI Z88.2
concerning proper use of the equipment to be used and in the [CGD 79-077, 51 FR 28381, Aug. 7, 1986]
generally recognized short and long term harmful effects of
exposure to the atmosphere involved. 142.87 Guarding Of Deck Openings.
Openings in decks accessible to personnel must be covered,
(c) All respiratory protection equipment must be approved, used, guarded, or otherwise made inaccessible when not in use. The
and maintained in accordance with ANSI Z88.2. manner of blockage shall prevent a person's foot or body from
inadvertently passing through the opening.
[CGD 79-077, 51 FR 25059, July 10, 1986, as amended at 51 FR
28381, Aug. 7, 1986] 142.90 Lockout And Tagout.
(a) While repair or other work is being performed on equipment
142.42 Safety Belts And Lifelines. powered by an external source, that equipment must be locked
(a) Except when moving from one location to another, personnel out as required in paragraph (b) of this section or, if a lockout
engaged in an activity where there is a hazard of falling 10 or provision does not exist on the equipment, must be disconnected
more feet shall wear a safety belt or harness secured by a lanyard from the power source or otherwise deactivated, unless the
to a lifeline, drop line, or fixed anchorage. nature of the work being performed necessitates that the power
be connected or the equipment activated.
(b) Each safety belt, harness, lanyard, lifeline, and drop line must
meet the specifications of ANSI A10.14. (b) If the equipment has a lockout or other device designed to
prevent unintentional activation of the equipment, the lockout or
142.45 Personal Flotation Devices. other device must be engaged while the work is being performed
Personnel, when working in a location such that, in the event of a on the equipment, unless the nature of the work being performed
fall, they would likely fall into water, shall wear a work vest that necessitates that the equipment be activated.
meets the requirements of 33 CFR 146.20 or a life preserver that
meets the requirements of 46 CFR 160.002, 160.005, or 160.055, (c) A tag must be placed at the point where the equipment
except when using the safety belts and lifelines required by connects to a power source and at the location of the control
142.42. panel activating the power, warning-

142.48 Eyewash Equipment. (1) That equipment is being worked on; and
Portable or fixed eyewash equipment providing emergency relief
must be immediately available near the drill floor, mudrooms, and (2) If the power source is disconnected or the equipment
other areas where there is a reasonable probability that eye injury deactivated, that the power source must not be connected or the
may occur. equipment activated.

[CGD 79-077, 51 FR 28381, Aug. 7, 1986] (d) The tags must not be removed without the permission of either
the person who placed the tags, that person's immediate
Subpart C-General Workplace Conditions supervisor, or their respective reliefs.

142.81 Purpose And Applicability. [CGD 79-077, 51 FR 25059, July 10, 1986; 51 FR 28382, Aug. 7,
This subpart prescribes requirements relating to general working 1986]

284
Part 143-Design And Equipment
Table of Contents (c) The design and equipment standards for mobile offshore
drilling units contained in the International Maritime Organization
(IMO, formerly Inter-Governmental Maritime Consultative
Subpart C-Mobile Offshore Drilling Units Organization or IMCO) (IMO) Code for Construction and
143.200 Applicability. Equipment of Mobile Offshore Drilling Units (IMO Assembly
143.201 Existing MODUs Exempted From New Design Resolution A.414(XI)) which has been incorporated by reference.
Requirements.
143.205 Requirements For U.S. And Undocumented MODUs. 143.208 Hazardous location requirements on foreign
143.207 Requirements For Foreign MODUs. MODUs.
143.208 Hazardous location requirements on foreign MODUs. Each mobile offshore drilling unit that is documented under the
143.210 Letter Of Compliance. laws of a foreign nation and is constructed after April 2, 2018
must comply with the requirements of 46 CFR subpart 111.108
Subpart DVessels prior to engaging in OCS activities.

143.300 Applicability. 143.210 Letter Of Compliance.


143.301 Load Line Requirements. (a) The Officer in Charge, Marine Inspection, determines whether
143.302 Hazardous location requirements on foreign vessels a mobile offshore drilling unit which does not hold a valid Coast
engaged in OCS activities. Guard Certificate of Inspection meets the requirements of
143.205 or 143.207 relating to design and equipment standards
Authority: 43 U.S.C. 1333(d)(1), 1348(c), 1356; 49 CFR 1.46; and issues a letter of compliance for each unit which meets the
section 143.210 is also issued under 14 U.S.C. 664 and 31 U.S.C. requirements. Inspection of the unit may be required as part of
9701. this determination.

Source: CGD 78-160, 47 FR 9382, Mar. 4, 1982, unless (b) A letter of compliance issued under paragraph (a) of this
otherwise noted. section is valid for one year or until the MODU departs the OCS
for foreign operations, whichever comes first.

Subpart C-Mobile Offshore Drilling Units (c) The owner or operator of a foreign mobile offshore drilling unit
requiring a letter of compliance examination must pay the fee
143.200 Applicability. prescribed in 46 CFR 2.10-130.
This subpart applies to mobile offshore drilling units when
engaged in OCS activities. [CGD 84-098a, 53 FR 18981, May 26, 1988; 60 FR 13550, Mar.
13, 1995]
143.201 Existing MODUs Exempted From New Design
Requirements. Subpart DVessels
Any mobile offshore drilling unit built before, under construction
on, or contracted for prior to April 5, 1982 is not required to meet 143.300 Applicability.
the design requirements of this subpart until the unit is rebuilt. This subpart applies to all vessels engaged in OCS activities
Until rebuilt, the unit must continue to comply with the design except mobile offshore drilling units.
requirements applicable to the unit on April 4, 1982.
143.301 Load Line Requirements.
[CGD 78-160, 47 FR 11011, Mar. 15, 1982] (a) Vessels, including foreign vessels, which would be subject to
the requirements of subchapter E of 46 CFR chapter I concerning
143.205 Requirements For U.S. And Undocumented MODUs. load lines when arriving at or proceeding to sea from any port or
Each mobile offshore drilling unit that is documented under the place within the United States must comply with those
laws of the United States or not documented under the laws of requirements when engaged in activities on the OCS.
any nation must comply with the design, equipment, and
inspection requirements of 46 CFR parts 107 and 108 in order to (b) Load line certificates and load line exemption certificates
engage in OCS activities. issued or accepted under subchapter E of 46 CFR chapter I are
accepted as evidence of compliance with paragraph (a) of this
143.207 Requirements For Foreign MODUs. section.
Each mobile offshore drilling unit that is documented under the
laws of a foreign nation must, when engaged in OCS activities, 143.302 Hazardous location requirements on foreign
comply with one of the following: vessels engaged in OCS activities.
Each vessel that is documented under the laws of a foreign nation
(a) The design and equipment standards of 46 CFR part 108. and is constructed after April 2, 2018 must comply with the
requirements of 46 CFR subpart 111.108 prior to engaging in
(b) The design and equipment standards of the documenting OCS activities.
nation if the standards provide a level of safety generally
equivalent to or greater than that provided under 46 CFR part 108.

285
Part 144-Lifesaving Appliances
Table of Contents (e) Each exposure suit on a MODU must be provided with a
whistle of the ball type or multi-tone type, of corrosion resistant
Subpart 144.20-Requirements For U.S. And construction, and in good working order. The whistle must be
Undocumented MODU's attached to the exposure suit by a lanyard without hooks, snaps,
clips, etc., that is long enough to permit the whistle to reach the
144.20-1 Applicability.
mouth of the wearer. If the lanyard allows the whistle to hang
144.20-5 Exposure Suits.
below the waist of the wearer, the whistle must be stowed in a
pocket on the exposure suit, or with the lanyard coiled and
Subpart 144.30-Requirements For Foreign stopped off.
MODU's
(f) No stowage container for exposure suits may be capable of
144.30-1 Applicability.
being locked.
144.30-5 Exposure Suits.
[CGD 82-075b, 49 FR 4377, Feb. 6, 1984, as amended by CGD
Subpart 144.20-Requirements For U.S. And
84-090, 50 FR 3904, Jan. 29, 1985; 65 FR 40052, June 29, 2000]
Undocumented MODU's
Authority: Sec. 4, 67 Stat. 462 (43 U.S.C. 1333) as amended; 49
Subpart 144.30-Requirements For Foreign
CFR 1.46(z) MODU's
______________________________________________________________________
144.30-1 Applicability.
144.20-1 Applicability This subpart applies to each MODU engaged in OCS activities
This subpart applies to each MODU operating on the OCS that is that is documented under the laws of a foreign nation.
not inspected under 46 CFR subchapter I-A.
[CGD 82-075b, 49 FR 4377, Feb. 6, 1984]
[CGD 82-075b, 49 FR 4377, Feb. 6, 1984]
144.30-5 Exposure Suits.
144.20-5 Exposure Suits. Each foreign MODU must meet the requirements of 144.20-5 of
This section applies to each MODU except those operating south this chapter, except as follows:
of 32 degrees North latitude in the Atlantic Ocean or south of 35
degrees North latitude in all other waters. (a) Exposure suits (immersion suits, survival suits, etc.) approved
by the nation under which the MODU is documented may be used
(a) Each MODU must carry an exposure suit for each person on in lieu of suits approved under 46 CFR 160.071, provided that
board. The exposure suit must be stowed in a readily accessible they are accepted by the Commandant as providing equivalent
location in or near the berthing area of the person for whom the thermal protection to the wearer. (Requests for acceptance of
exposure suit is provided. such suits should be sent to Commandant (CG-ENG-4), Attn:
Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509,
(b) In addition to the exposure suits required by paragraph (a) of 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
this section, each watch station and work station must have 7509, along with technical data supporting the thermal
enough exposure suits to equal the number of persons normally performance of the suits.)
on watch in, or assigned to, the station at one time. However, an
exposure suit need not be provided at a watch or work station for (b) Personal flotation device lights approved by the nation under
a person whose cabin, stateroom, or berthing area (and the which the MODU is documented may be used in lieu of lights
exposure suits stowed in that location) is readily accessible to the approved under 46 CFR 161.012.
station.
[CGD 82-075b, 49 FR 4377, Feb. 6, 1984, as amended by CGD
(c) Each exposure suit on a MODU must be of a type approved 88-052, 53 FR 25121, July 1, 1988; CGD 96-026, 61 FR 33665,
under 46 CFR 160.171.(d) Each exposure suit must have a June 28, 1996; USCG-2010-0351, 75 FR 36283, June 25, 2010;
personal flotation device light that is approved under 46 CFR USCG-2014-0410, 79 FR 38435, July 7, 2014]
1.012. Each light must be securely attached to the front shoulder
area of the exposure suit.

286
Part 145-Fire-Fighting Equipment
Table of Contents a combination letter and number symbol. The letter indicating the
type of fire which the unit could be expected to extinguish, and the
Sec. number indicating the relative size of the unit.
145.01 Portable And Semi-Portable Fire Extinguishers.
145.05 Classification Of Fire Extinguishers. (b) The types of fire will be designated as follows:
145.10 Locations And Number Of Fire Extinguishers Required.
(1) "A" for fires in ordinary combustible materials where the
Authority: Sec. 633, 63 Stat. 545; sec. 4, 67 Stat. 462; 14 U.S.C. quenching and cooling effects of quantities of water, or solutions
633; 43 U.S.C. 1333. containing large percentages of water, are of first importance.

(2) "B" for fires in flammable liquids, greases, etc., where a


145.01 Portable And Semi-Portable Fire Extinguishers. blanketing effect is essential.
On all manned platforms and on all unmanned platforms where
crews are continuously working on a 24-hour basis, approved (3) "C" for fires in electrical equipment where the use of a non-
type portable fire extinguishers and/or approved type semi- conducting extinguishing agent is of first importance.
portable fire extinguishers shall be installed and maintained. On
all unmanned platforms where crews are not continuously working (c) The number designations for size will start with "I" for the
on a 24-hour basis, approved type portable fire extinguishers smallest to "V" for the largest. Sizes I and II are considered
and/or approved type semi-portable fire extinguishers are portable extinguishers. Sizes III, IV and V are considered semi-
required to be installed and maintained only when crews are portable extinguishers which shall be fitted with suitable hose and
working thereon. nozzle or other practicable means so that all portions of the space
concerned may be covered. Examples of size graduations for
[CGFR 56-4, 21 FR 903, Feb. 9, 1956] some of the typical portable and semi-portable extinguishers are
set forth in Table 145.05(c).
145.05 Classification Of Fire Extinguishers.
(a) Portable and semi-portable extinguishers shall be classified by

TABLE 145.05(c) -PORTABLE AND SEMI PORTABLE EXTINGUISHERS


Classification Soda-acid and water, gallons Foam, gallons Carbon dioxide, pounds Dry chemical, pounds
Type Size
A II 2 2
B II 2 15 10
C II 15 10
B V 40 100 50

(d) All portable and semi-portable extinguishers shall have 145.10 Locations And Number Of Fire Extinguishers
permanently attached thereto a durable name plate giving the Required.
name of the item, the rated capacity in gallons or pounds, the (a) Approved portable and semi-portable extinguishers shall be
name and address of the person or firm for whom approved, and installed in accordance with Table 145.10(a).
the identifying mark of the actual manufacturer.
(b) Semi-portable extinguishers shall be located in the open so as
[CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGFR 58- to be readily seen.TABLE 145.10(A) -PORTABLE AND SEMI-
28, 23 FR 6880, Sept. 6, 1958] PORTABLE EXTINGUISHERS
Space Classification Quantity and location
SAFETY AREAS
Communicating corridors A-II 1 in each main corridor not more than 150 feet apart. (May be located
in stairways.)

Radio room C-II 1 in vicinity of exit.


ACCOMMODATIONS

Sleeping accommodations A-II 1 in each sleeping accommodation space. (Where occupied by more
than 4 persons.)
SERVICE SPACES
Galleys B-II or C-II 1 for each 2,500 square feet or fraction thereof for hazards involved.

Storerooms A-II 1 for each 2,500 square feet or fraction thereof located in vicinity of
exits, either inside or outside of spaces.

MACHINERY SPACES
Gas-fired boilers B-II(CO2 or dry Chemical) 2 required.

Gas-fired boilers B-V 1 required. 1

Oil-fired boilers B-II 2 required.


Oil-fired boilers B-V 2 required1
Internal combustion or gas turbine engines B-II 1 for each engine. 2
Electronic motors or generators of open type C-II 1 for each 2 motors or generators. 3
1
Not required where a fixed carbon dioxide system is installed.
2
When installation is on weather deck or open to atmosphere at all times 1 B-II for each three engines is allowable.
3
Small electrical appliances, such as fans, etc., shall not be counted or used as basis for determining number of extinguishers required.

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

287
Part 146Operations
Table of Contents (d) Damage costs referred to in paragraphs (b)(3) and (b)(4) of
this section include the cost of labor and material to restore the
facility to the service condition which existed prior to the casualty,
Subpart A-OCS Facilities but does not include the cost of salvage, cleaning, gas freeing,
Sec. drydocking or demurrage of the facility.
146.30 Notice Of Casualties.
146.35 Written Report Of Casualty. (Approved by the Office of Management and Budget under control
146.40 Diving Casualties. number 1625-0001)
146.45 Pollution Incidents.
[CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD
Subpart B-Manned OCS Facilities 82-069, 50 FR 14216, Apr. 11, 1985; USCG-2006-25150, 71 FR
39209, July 12, 2006]
146.102 Definitions.
146.104 Safety and Security notice of arrival for foreign floating 146.35 Written Report Of Casualty.
facilities. (a) In addition to the notice of a casualty required by 146.30, the
146.140 Emergency Evacuation Plan. owner, operator, or person in charge shall, within 10 days of the
casualty, submit to the Officer in Charge, Marine Inspection, a
Subpart C-Mobile Offshore Drilling Units written report which:

146.200 Definitions. (1) Identifies the facility involved, its owner, operator, and person
146.201 Applicability. in charge;
146.202 Notice Of Arrival Or Relocation Of MODUs On The
OCS. (2) Describes the casualty, including the date and time;
146.203 Requirements For U.S. And Undocumented MODUs.
146.205 Requirements For Foreign MODUs. (3) Describes the nature and extent of injury to personnel and
146.210 Emergency Evacuation Plan. damage to property;
Subpart D-Vessels (4) Describes the factors which may have contributed to causing
the casualty;
146.301 Applicability.
146.303 Notice And Written Report Of Casualties.
(5) Gives the name, address, and phone number of persons
involved in or witnessing the casualty; and
Authority: 33 U.S.C. 1223, 1226; 43 U.S.C. 1333, 1348, 1350,
1356; Sec. 109, Pub. L. No. 109-347, 120 Stat. 1884; Department
(6) Gives any desired comments, especially with respect to use of
of Homeland Security Delegation No. 0170.1.
or need for emergency equipment.
Source: CGD 78-160, 47 FR 9383, Mar. 4, 1982, unless
(7) Includes information relating to alcohol or drug involvement as
otherwise noted.
specified in the vessel casualty reporting requirements of 46 CFR
4.05-12.
Subpart A-OCS Facilities (b) The written report required by paragraph (a) of this section
146.30 Notice Of Casualties. may be
(a) The owner, operator, and person in charge of an OCS facility
shall ensure that the Coast Guard is notified as soon as possible (1) In narrative form if all appropriate parts of Form CG-2692 are
after a casualty occurs, and by the most rapid means available, of addressed;
each casualty involving the facility which results in:
(2) On Form CG-2692 for casualties resulting in property damage,
(1) Death; or personnel injury, or loss of life.

(2) Injury to 5 or more persons in a single incident. (c) If filed or postmarked within 5 days of the casualty, the written
report required by paragraph (a) of this section serves as the
(b) The owner, operator, and person in charge shall ensure that notice required by 146.30(b).
the Coast Guard is notified promptly of each casualty involving
the facility which results in: (Approved by the Office of Management and Budget under control
number 1625-0001)
(1) Damage affecting the usefulness of primary lifesaving or
firefighting equipment; [CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by CGD
82-023a, 47 FR 35741, Aug. 16, 1982; CGD 82-023a, 48 FR
(2) Injury causing any person to be incapacitated for more than 72 43174, Sept. 22, 1983; CGD 84-099, 52 FR 47533, Dec. 14, 1987;
hours; USCG-2006-25150, 71 FR 39209, July 12, 2006]

(3) Damage to the facility exceeding $25,000 resulting from a 146.40 Diving Casualties.
collision by a vessel with the facility; or Diving related casualties are reported in accordance with 46 CFR
197.484 and 197.486.
(4) Damage to a floating OCS facility exceeding $25,000.
146.45 Pollution Incidents.
(c) The notice required by paragraphs (a) and (b) of this section Oil pollution incidents involving an OCS facility are reported in
must identify the person giving the notice and the facility involved accordance with 135.305 and 135.307 of this chapter.
and describe, insofar as practicable, the nature of the casualty Additional provisions concerning liability and compensation
and the extent of injury to personnel and damage to property. because of oil pollution are contained in Subchapter M of this
chapter.

288
Subpart B-Manned OCS Facilities (b) Methods of submission. The notice must be submitted to the
National Vessel Movement Center by electronic Notice of Arrival
146.102 Definitions. and Departure format using methods specified at the NVMC's
For the purpose of this subpart: Web site at http://www.nvmc.uscg.gov/.

Arrives on the OCS means when a floating facility enters any (c) Updates to a submitted NOA. Unless otherwise specified in
OCS block area for the purpose of engaging in operations subject this section, whenever the most recently submitted NOA
to the jurisdiction of the OCS Lands Act. information becomes inaccurate, the owner or operator of the
foreign floating facility must revise and re-submit the NOA within
OCS block area means the names given by the Bureau of Ocean the times required in paragraph (e) of this section. An owner or
Energy Management, (BOEM) to define the OCS areas used to operator does not need to revise or re-submit an NOA for the
facilitate management or leasing on the OCS. following:

U.S., as used in the term, U.S. floating facility, means a (1) A change in submitted arrival time that is less than 6 hours;
floating facility, that is registered, documented, or certificated
under the laws of the United States or that is not registered, (2) Changes in the location, latitude and longitude, of the floating
documented, or certificated under the laws of the United States or facility from the location at the time the NOA was reported; or
any other nation.
(3) Changes to personnel positions or duties on the foreign
[USCG-2008-1088, 76 FR 2260, Jan. 13, 2011, as amended by floating facility.
USCG-2013-0797, 79 FR 36405, June 27, 2014]
(d) Required reporting time of an initial NOA. The owner or
146.104 Safety and Security notice of arrival for foreign operator of a foreign floating facility subject to this section must
floating facilities. submit an initial NOA:
(a) General. At least 96 hours before a foreign floating facility
arrives on the OCS from a foreign port or place or from a different (1) If the voyage time is more than 96 hours, owners or operators
OCS block area to engage in OCS activities, the owner or of a foreign floating facility must submit an initial NOA at least 96
operator of the floating facility, except as provided in paragraph (f) hours before the foreign floating facility arrives at the OCS
of this section, must submit the following information to the location where the owner or operator plans to perform OCS
National Vessel Movement Center (NVMC): activities; or

(1) The location, latitude and longitude, of the foreign floating (2) If the voyage time is less than 96 hours, the owner or operator
facility at the time the NOA is reported; of a foreign floating facility must submit an initial NOA at least 24
hours before the foreign floating facility arrives at the OCS
(2) The area designation, block number or lease number, location where the owner or operator plans to perform OCS
assigned under 30 CFR 250.154 for identification, where the activities.
owner or operator of the foreign floating facility plans to perform
OCS activities; (e) Required reporting time of an update to an NOA. The owner or
operator of a foreign floating facility subject to this section must
(3) The foreign floating facility's name, if any; submit an NOA update:

(4) The date when OCS operations of the foreign floating facility (1) If the most recently submitted NOA, or NOA update, differs by
are expected to begin and end; 24 hours or more from the current estimated time of arrival, the
owner or operator of the foreign floating facility must provide an
(5) Names of the last two ports or places visited and the updated NOA as soon as practicable but at least 24 hours before
associated dates of arrival and departure; the floating facility arrives at the OCS location where the owner or
operator plans to perform OCS activities; or
(6) The following information for each individual onboard:
(2) If the most recently submitted NOA, or NOA update, differs by
(i) Full name; less than 24 hours from the current estimated time of arrival, the
owner or operator of the foreign floating facility must provide an
(ii) Date of birth; updated NOA as soon as practicable but at least 12 hours before
the floating facility arrives at the OCS location where owners or
(iii) Nationality; operators plan to perform OCS activities.

(iv) Passport number or marine documentation number (type of (f) Towing vessels. When a towing vessel controls a foreign
identification and number); floating facility required to submit an NOA under this subpart, the
owner or operator of the towing vessel, or lead towing vessel if
(v) Position or duties on the foreign floating facility; and there is more than one, is responsible for submitting only one
NOA containing the NOA information items required for towing
(vi) Name of the port, or place, and country where the individual vessels, under 146.405, and the foreign floating facility under
embarked. paragraph (a) of this section.

(7) The date of issuance of the foreign floating facility's (g) This section does not apply to a foreign floating facility merely
International Safety Management certificate (ISM), if any, and transiting the waters superjacent to the OCS and not engaged in
Document of Compliance certificate and the name of the flag OCS activities.
administration, or its recognized representative, that issued those
certificates; and [USCG-2008-1088, 76 FR 2261, Jan. 13, 2011]

(8) The date of issuance of the foreign floating facility's 146.140 Emergency Evacuation Plan.
International Ship Security certificate (ISSC), if any, and the name (a) The operator of each manned OCS facility shall develop an
of the flag administration, or the recognized security organization Emergency Evacuation Plan (EEP) for the facility which
representing the flag administration, that issued the ISSC. addresses all of the items listed in paragraph (d) of this section.
The EEP may apply to more than one facility, if the facilities are

289
located in the same general geographic location and within the (11) For each of the circumstances and conditions described
same Coast Guard Officer in Charge, Marine Inspection (OCMI) under paragraph (d)(9) of this section, describe the order in which
zone; if each facility covered by the EEP is specifically identified personnel would be evacuated, the transportation resources to be
in the EEP; and if the evacuation needs of each facility are used in the evacuation, the operational limitations for each mode
accommodated. The EEP must be submitted to the OCMI having of transportation specified, and the time and distance factors for
jurisdiction over the facility, 30 days before placing the facility in initiating the evacuation; and
operation. The OCMI reviews the EEP to determine whether all
items listed in paragraph (d) of this section are addressed for (12) For each of the circumstances and conditions described
each facility included in the EEP. If the OCMI determines that all under paragraph (d)(9) of this section, identify the means and
items in paragraph (d) of this section are addressed, the OCMI procedures
stamps the EEP APPROVED and returns it, together with a
letter indicating Coast Guard approval, to the operator. If the (i) For retrieving persons from the water during an evacuation;
OCMI determines that any item is not addressed, the OCMI
stamps the EEP RETURNED FOR REVISION and returns the (ii) For transferring persons from the facility to designated standby
EEP, together with an explanation of the EEP's deficiencies, to vessels, lifeboats, or other types of evacuation craft;
the operator.
(iii) For retrieving persons from designated standby vessels,
(b) Once the EEP is approved under paragraph (a) of this section, lifeboats, or other types of evacuation craft if used; and
the facility operator shall ensure that a copy of the EEP and the
letter indicating Coast Guard approval is maintained on the facility. (iv) For the ultimate evacuation of all persons on the facility to
land, another facility, or other location where the evacuees would
(c) The EEP must be resubmitted for approval when substantive be reasonably out of danger under the circumstance or condition
changes are made to the EEP. Only the pages affected by a being addressed.
change need be resubmitted if the EEP is bound in such a way as
to allow old pages to be removed easily and new ones inserted. (e) The operator shall ensure that
Substantive changes include, but are not limited to, installation of
a new facility within the area covered by an EEP, relocation of a (1) All equipment specified in the EEP, whether the equipment is
MODU, changes in the means or methods of evacuation, or located on or off of the facility, is made available and located as
changes in the time required to accomplish evacuation. indicated in the EEP and is designed and maintained so as to be
capable of performing its intended function during an emergency
(d) The EEP must, at a minimum, evacuation;

(1) Be written in language that is easily understood by the facility's (2) All personnel specified in the EEP are available and located as
operating personnel; specified in the EEP and are trained in fulfilling their role under
the EEP; and
(2) Have a table of contents and general index;
(3) Drills are conducted in accordance with 146.125(c).
(3) Have a record of changes;
(f) A complete copy of the EEP must be made available to the
(4) List the name, telephone number, and function of each person facility's operating personnel and a brief written summary of, or an
to be contacted under the EEP and state the circumstances in oral briefing on, the EEP must be given to each person newly
which that person should be contacted; reporting on the facility.

(5) List the facility's communications equipment, its available (g) A copy of the EEP must be on board each standby vessel, if
frequencies, and the communications schedules with shore any, designated in the EEP and provided to all shoreside support
installations, standby vessels, rescue aircraft, and other OCS personnel, if any, specified in the EEP.
facilities specified in the EEP;
[CGD 84-098b, 54 FR 21572, May 18, 1989, as amended by
(6) Identify the primary source of weather forecasting relied upon USCG-1998-3799, 63 FR 35530, June 30, 1998]
in implementing the EEP and state the frequency of reports when
normal weather is forecasted, the frequency of reports when Subpart C-Mobile Offshore Drilling Units
heavy weather is forecasted, and the method of transmitting the
reports to the facility; 146.200 Definitions.
For the purpose of this subpart:
(7) Designate the individual on each facility covered by the EEP
who is assigned primary responsibility for implementing the EEP; Arrives on the OCS means when a MODU enters any OCS
block area for the purpose of engaging in operations subject to
(8) Designate those facility and shoreside support personnel who the jurisdiction of the OCS Lands Act.
have the authority to advise the person in charge of the facility as
to the best course of action to be taken and who initiate actions to OCS block area means the names given by the Bureau of Ocean
assist facility personnel; Energy Management, (BOEM) to define the OCS areas used to
facilitate management or leasing on the OCS.
(9) Describe the recognized circumstances, such as fires or
blowouts, and environmental conditions, such as approaching [USCG-2008-1088, 76 FR 2262, Jan. 13, 2011, as amended by
hurricanes or ice floes, in which the facility or its personnel would USCG-2013-0797, 79 FR 36405, June 27, 2014]
be placed in jeopardy and a mass evacuation of the facility's
personnel would be recommended; 146.201 Applicability.
This subpart applies to mobile offshore drilling units engaged in
(10) For each of the circumstances and conditions described OCS activities.
under paragraph (d)(9) of this section, list the pre-evacuation
steps for securing operations, whether drilling or production, 146.202 Notice Of Arrival Or Relocation Of MODUs On The
including the time estimates for completion and the personnel OCS.
required; (a) The owner of any mobile offshore drilling unit engaged in OCS
activities shall, 14 days before arrival of the unit on the OCS or as

290
soon thereafter as practicable, notify the District Commander for (d) In complying with 146.140(d)(7), the EEP must designate the
the area in which the unit will operate of: master or person in charge of the MODU under 46 CFR 109.107
as the individual who is assigned primary responsibility for
(1) The unit's name, nationality, and designation assigned for implementing the EEP, as it relates to that MODU.
identification under 30 CFR 250.37;
[CGD 84-098b, 54 FR 21573, May 18, 1989]
(2) The location and year that the unit was built;
146.215 Safety and Security notice of arrival for U.S. or
(3) The name and address of the owner, and the owner's local Foreign MODUs.
representative, if any; (a) General. At least 96 hours before a MODU arrives on the
OCS from a foreign port or place or from a different OCS block
(4) Classification or inspection certificates currently held by the area to engage in OCS activities, excluding those U.S. MODUs
unit; arriving directly from a U.S. port or place or from an OCS block
area, to engage in OCS activities, the owner or operator of the
(5) The location and date that operations are expected to MODU, except as provided in paragraph (f) of this section, must
commence and their anticipated duration; and submit the following information to the National Vessel Movement
Center (NVMC):
(6) The location and date that the unit will be available and ready
for inspection by the Coast Guard. (1) The location, latitude and longitude, of the MODU at the time
the notice of arrival (NOA) is reported;
(b) Once a unit is located on the OCS, the owner of the unit shall
notify the District Commander before relocating the unit. (2) The area designation, block number or lease number,
assigned under 30 CFR 250.154 for identification, where the
(c) The information required in paragraphs (a) and (b) of this MODU owner or operator plans to perform OCS activities;
section may be provided by telephone or may be submitted
together with, and need not repeat information contained in, (3) The MODU's name and IMO number, if any;
applications and notices under 33 CFR part 67 for aids to
navigation on the Outer Continental Shelf or 33 CFR part 135 for (4) The date when operations of the MODU are expected to begin
applications for certificate of financial responsibility. and end;

146.203 Requirements For U.S. And Undocumented MODUs. (5) Names of the last two ports or places visited and the
Each mobile offshore drilling unit documented under the laws of associated dates of arrival and departure;
the United States and each mobile offshore drilling unit that is not
documented under the laws of any nation must comply with the (6) The following information for each individual onboard:
operating standards of 46 CFR part 109 when engaged in OCS
activities. (i) Full name;

146.205 Requirements For Foreign MODUs. (ii) Date of birth;


Each mobile offshore drilling unit that is documented under the
laws of a foreign nation must, when engaged in OCS activities, (iii) Nationality;
comply with one of the following:
(iv) Passport number or marine documentation number (type of
(a) The operating standards of 46 CFR part 109. identification and number);

(b) The operating standards of the documenting nation if the (v) Position or duties on the MODU; and
standards provide a level of safety generally equivalent to or
greater than that provided under 46 CFR part 109. (vi) Name of the port, or place, and country where the individual
embarked.
(c) The operating standards for mobile offshore drilling units
contained in the International Maritime Organization (IMO, (7) The date of issuance of the MODU's International Safety
formerly Inter-Governmental Maritime Consultative Organization Management certificate (ISM), if any, and Document of
or IMCO) (IMO) Code for the Construction and Equipment of Compliance certificate and the name of the flag administration, or
Mobile Offshore Drilling Units (IMO Assembly Resolution A. its recognized representative, that issued those certificates; and
414(XI)) which has been incorporated by reference and the
requirements of 46 CFR Part 109 for matters not addressed by (8) The date of issuance of the MODU's International Ship
the Code. Security certificate (ISSC), if any, and the name of the flag
administration, or the recognized security organization
146.210 Emergency Evacuation Plan. representing the flag administration, that issued the ISSC.
(a) Except as otherwise provided in this section, the requirements
applicable to Emergency Evacuation Plans (EEPs) on manned (b) Methods of submission. The notice must be submitted to the
OCS facilities under 146.140 are applicable to MODUs. National Vessel Movement Center (NVMC) by electronic Notice of
Arrival and Departure format using methods specified in the
(b) An EEP must be submitted by NVMC's Web site at http://www.nvmc.uscg.gov/.

(1) The holder of a lease or permit under the Act for each MODU (c) Updates to a submitted NOA. Unless otherwise specified in
within the area of the lease or the area covered by the permit; or this section, whenever the most recently submitted NOA
information becomes inaccurate, the owner or operator of the
(2) The operator under 30 CFR 250.2(gg), if other than the holder MODU must revise and re-submit the NOA within the times
of a lease or permit, for each MODU within the area in which the required in paragraph (e) of this section. An owner or operator
operator controls or manages operations. does not need to revise or re-submit an NOA for the following:

(c) To avoid unnecessary duplication, the EEP may incorporate (1) A change in submitted arrival time that is less than 6 hours;
by reference pertinent sections of the MODU's operating manual
required by 46 CFR 109.121. (2) Changes in the location, latitude and longitude, of the MODUs

291
from the location at the time the NOA was reported; or operator of the towing vessel, or lead towing vessel if there is
more than one, is responsible for submitting only one NOA
(3) Changes to personnel positions or duties on the MODU. containing the information required for the towing vessels, under
146.405, and the MODU under paragraph (a) of this section.
(d) Required reporting time of an initial NOA. The owner or
operator of a MODU subject to this section must submit an initial (g) This section does not apply to MODU's merely transiting the
NOA: waters superjacent to the OCS and not engaged in OCS activities.

(1) If the voyage time is more than 96 hours, owners and [USCG-2008-1088, 76 FR 2262, Jan. 13, 2011, as amended by
operators of a MODU must submit an initial NOA at least 96 hours USCG-2013-0797, 79 FR 36405, June 27, 2014]
before the MODU arrives at the OCS location where the owner or
operator plans to perform OCS activities; or Subpart D-Vessels
(2) If the voyage time is less than 96 hours, owners and operators 146.301 Applicability.
of a MODU must submit an initial NOA at least 24 hours before This subpart applies to vessels engaged in OCS activities other
the MODU arrives at the OCS location where the owner or than United States vessels already required to report marine
operator plans to perform OCS activities. casualties under Subpart 4.05 of 46 CFR part 4 or subpart D of 46
CFR part 109.
(e) Required reporting time of an update to an NOA. The
owner or operator of a MODU subject to this section must submit 146.303 Notice And Written Report Of Casualties.
an NOA update: The owner, operator, or person in charge of a vessel engaged in
OCS activities shall ensure that the notice of casualty
(1) If the most recently submitted NOA, or NOA update, differs by requirements of 146.30 and the written report requirements of
24 hours or more from the current estimated time of arrival, the 146.35 are complied with whenever a casualty involving the
owner or operator of the MODU must provide an updated NOA as vessel occurs which results in:
soon as practicable but at least 24 hours before the MODU
arrives at the OCS location where the owner or operator plans to (a) Death;
perform OCS activities; or
(b) Injury to 5 or more persons in a single incident; or
(2) If the most recently submitted NOA, or NOA update, differs by
less than 24 hours from the current estimated time of arrival, the (c) Injury causing any person to be incapacitated for more than 72
owner or operator of the MODU must provide an updated NOA as hours.
soon as practicable but at least 12 hours before the MODU
arrives at the OCS location where the owner or operator plans to (Approved by the Office of Management and Budget under control
perform OCS activities. number 1625-0001)

(f) Towing vessels. When a towing vessel controls a MODU [CGD 78-160, 47 FR 9383, Mar. 4, 1982, as amended by USCG-
required to submit an NOA under this subpart, the owner or 2006-25150, 71 FR 39209, July 12, 2006]

292
Part 147-Safety Zones
Table of Contents zones may extend to the prevention or control of specific activities
and access by vessels or persons, and include measures to
Sec. protect the living resources of the sea from harmful agents. The
147.1 Purpose Of Safety Zones. regulations do not encompass the operating equipment or
147.5 Delegation Of Authority. procedures used in the drilling for and production of oil, gas, or
147.10 Establishment Of Safety Zones. other minerals, or the transportation of oil, gas, or other minerals
147.15 Extent Of Safety Zones. by pipeline except as they relate to the safety of life and property
147.20 Definitions. on OCS facilities and on the waters adjacent to OCS facilities or
147.801 Boxer Platform Safety Zone. to the protection of the living resources of the sea within a safety
147.803 Bullwinkle Platform Safety Zone. zone from harmful agents.
147.805 Ursa Tension Leg Platform Safety Zone.
147.807 West Delta 143 Platform Safety Zone. 147.5 Delegation Of Authority.
147.809 Mars Tension Leg Platform Safety Zone. The authority to establish safety zones and to issue and enforce
147.811 Ram-Powell Tension Leg Platform Safety Zone. safety zone regulations in accordance with the provisions of this
147.813 Auger Tension Leg Platform Safety Zone. part is delegated to District Commanders.
147.815 ExxonMobil Hoover Floating OCS Facility Safety Zone.
147.817 Sir Douglas Morpeth Tension Leg Platform Safety Zone 147.10 Establishment Of Safety Zones.
147.819 Allegheny Tension Leg Platform Safety Zone. (a) Whenever it comes to the attention of the District Commander
147.821 Brutus Tension Leg Platform Safety Zone. that a safety zone and regulations may be required concerning
147.823 Enchilada Platform Safety Zone any OCS facility being constructed, maintained, or operated on
147.825 Chevron Genesis Spar Safety Zone. the Outer Continental Shelf or its appurtenances and attending
147.827 Marlin Tension Leg Platform Safety Zone. vessels, or the adjacent waters, the District Commander may
147.829 Matterhorn Tension Leg Platform safety zone. initiate appropriate inquiry to determine whether a safety zone
147.831 Holstein Truss Spar safety zone. and regulations should be established. In making this
147.833 Na Kika FDS Safety Zone. determination, the District Commander considers all relevant
147.835 Magnolia TLP Safety Zone. safety factors, including existing or reasonably foreseeable
147.837 Marco Polo Tension Leg Platform Safety Zone. congestion of vessels, the presence of unusually harmful or
147.839 Mad Dog Truss Spar Platform safety zone. hazardous substances, and any obstructions within 500 meters of
147.841 Atlantis Semi-Submersible safety zone. the OCS facility. If the District Commander determines that the
147.843 Thunder Horse Semi-Submersible safety zone. circumstances warrant the establishment of a safety zone and
147.847 Safety Zone; BW PIONEER Floating regulations the District Commander takes action as necessary
Production,Storage, and Offloading System Safety consistent with the provisions of this part.
Zone.
147.849 Safety Zone; Olympus Tension Leg Platform. (b) Except as provided in paragraph (c) of this section, a safety
147.851 Jack St. Malo Semi-Sub Facility Safety Zone. zone and necessary regulations may be established concerning
147.853 Petronius Compliant Tower Facility Safety Zone. any OCS facility being constructed, maintained or operated on the
147.855 Blind Faith Semi-Sub Facility Safety Zone. Outer Continental Shelf, following publication of a notice of
147.857 Tahiti SPAR Facility Safety Zone. proposed rule making in the FEDERAL REGISTER and after
147.859 Safety Zone; Gulfstar 1 SPAR, Mississippi Canyon interested parties have been given the opportunity to submit
Block 724, Outer Continental Shelf on the Gulf of comments. A zone and necessary regulations may be in effect
Mexico. during any period when construction equipment and materials are
147.1102 Platform GRACE Safety Zone. within 500 meters of the construction site until the removal of all
147.1103 Platform GINA Safety Zone. portions of the facility.
147.1104 Platform ELLEN & ELLY Safety Zone.
147.1105 Platform HONDO Safety Zone. (c) A safety zone and necessary regulations may be established
147.1106 Exxon Santa Ynez Offshore Storage And Treatment without public rule making procedures when the District
Vessel Mooring Safety Zone. Commander determined that imminent danger exists with respect
147.1107 Platform GILDA Safety Zone. to the safety of life and property on an OCS facility constructed,
147.1108 Platform EDITH Safety Zone. maintained, or operated on the Outer Continental Shelf, its
147.1109 Platform HERMOSA Safety Zone. appurtenances and attending vessels or adjacent waters. A safety
147.1110 Platform HARVEST Safety Zone. zone and regulations may be made effective on the date the rule
147.1111 Platform EUREKA Safety Zone. is published in the FEDERAL REGISTER. However, if
147.1112 Platform HIDALGO Safety Zone. circumstances require, they may be placed into effect immediately,
147.1113 Platform GAIL Safety Zone. followed promptly by publication in the FEDERAL REGISTER.
147.1114 Platform HARMONY Safety Zone. The District Commander may utilize, in addition to broadcast
147.1115 Platform HERITAGE Safety Zone. Notices to Mariners, Local Notices to Mariners, and Notices to
147.1116 Platform IRENE Safety Zone. Mariners, newspapers, and broadcasting stations to disseminate
information concerning a safety zone and regulations pertaining
Authority: 14 U.S.C. 85; 43 U.S.C. 1333; Department of thereto. The public may comment concerning the establishment of
Homeland Security Delegation No. 0170.1. a safety zone or regulations under this paragraph. A safety zone
or regulations may be modified or withdrawn, as appropriate,
Source: CGD 78-160, 47 FR 9386, Mar. 4, 1982, unless based on the comments received.
otherwise noted.
(d) Geographic coordinates expressed in terms of latitude or
longitude, or both, are not intended for plotting on maps or charts
147.1 Purpose Of Safety Zones. whose referenced horizontal datum is the North American Datum
Safety zones may be established around OCS facilities being of 1983 (NAD 83), unless such geographic coordinates are
constructed, maintained, or operated on the Outer Continental expressly labeled NAD 83. Geographic coordinates without the
Shelf to promote the safety of life and property on the facilities, NAD 83 reference may be plotted on maps or charts reference to
their appurtenances and attending vessels, and on the adjacent NAD 83 only after application of the appropriate corrections that
waters within the safety zones. Regulations adopted for safety are published on the particular map or chart being used.

293
[CGD 78-160, 47 FR 9386, Mar. 4, 1982, as amended by CGD (3) A vessel authorized by the Commander, Eighth Coast Guard
86-082, 52 FR 33811, Sept. 8, 1987] District.

147.15 Extent Of Safety Zones. [CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]
A safety zone establishment under this part may extend to a
maximum distance of 500 meters around the OCS facility 147.807 West Delta 143 Platform Safety Zone.
measured from each point on its outer edge or from its (a) Description. The West Delta 143 Platform is located at
construction site, but may not interfere with the use of recognized position 2839' 42" N, 8933' 05" W. The area within 500 meters
sea lanes essential to navigation. (1640.4 feet) from each point on the structure's outer edge, not to
extend into the adjacent Mississippi River Approach Fairway, is a
147.20 Definitions. safety zone.
Unless otherwise stated, the term attending vessel refers to any
vessel which is operated by the owner or operator of an OCS (b) Regulation. No vessel may enter or remain in this safety zone
facility located in the safety zone, which is used for the purpose of except:
carrying supplies, equipment or personnel to or from the facility,
which is engaged in construction, maintenance, alteration, or (1) An attending vessel;
repair of the facility, or which is used for further exploration,
production, transfer or storage of natural resources from the (2) A vessel under 100 feet in length overall not engaged in
seabed beneath the safety zone. towing; or

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000] (3) A vessel authorized by the Commander, Eighth Coast Guard
District.
147.801 Boxer Platform Safety Zone.
(a) Description. The Boxer Platform is located at position 2756' [65 FR 16823, Mar. 30, 2000]
48" N, 9059' 48" W. The area within 500 meters (1640.4 feet)
from each point on the structure's outer edge, not to extend into 147.809 Mars Tension Leg Platform Safety Zone.
the adjacent East-West Gulf of Mexico Fairway is a safety zone. (a) Description. The Mars Tension Leg Platform (Mars TLP) is
located at position 2810' 10.29" N, 8913' 22.35" W with two
(b) Regulation. No vessel may enter or remain in this safety zone supply boat mooring buoys at positions 2810' 18.12" N, 8912'
except: 52.08" W (Northeast) and 2809' 49.62" N, 8912' 57.48" W
(Southeast). The area within 500 meters (1640.4 feet) from each
(1) An attending vessel; point on the structure's outer edge and the area within 500 meters
(1640.4 feet) of each of the supply boat mooring buoys is a safety
(2) A vessel under 100 feet in length overall not engaged in zone.
towing; or
(b) Regulation. No vessel may enter or remain in this safety zone
(3) A vessel authorized by the Commander, Eighth Coast Guard except:
District.
(1) An attending vessel;
[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000]
(2) A vessel under 100 feet in length overall not engaged in
147.803 Bullwinkle Platform Safety Zone. towing; or
(a) Description. The Bullwinkle Platform is located at position
275301 N, 905404 W. The area within 500 meters (3) A vessel authorized by the Commander, Eighth Coast Guard
(1640.4 feet) from each point on the structure's outer edge is a District.
safety zone.
[65 FR 16823, Mar. 30, 2000]
(b) Regulation. No vessel may enter or remain in this safety zone
except: 147.811 Ram-Powell Tension Leg Platform Safety Zone.
(a) Description. The Ram-Powell Tension Leg Platform (Ram-
(1) An attending vessel; Powell TLP) is located at position 2903' 52.2" N, 8805' 30" W
with two supply boat mooring buoys at positions 2903' 52.2" N,
(2) A vessel under 100 feet in length overall not engaged in 8805' 12.6" W (Northeast) and 2903' 28.2" N, 8805' 10.2" W
towing; or (Southeast). The area within 500 meters (1640.4 feet) from each
point on the structure's outer edge and the area within 500 meters
(3) A vessel authorized by the Commander, Eighth Coast Guard (1640.4 feet) of each of the supply boat mooring buoys is a safety
District. zone.

[CGD 08-99-023, 65 FR 16825, Mar. 30, 2000] (b) Regulation. No vessel may enter or remain in this safety zone
except:
147.805 Ursa Tension Leg Platform Safety Zone.
(a) Description. The Ursa Tension Leg Platform (Ursa TLP) is (1) An attending vessel;
located at position 280914.497 N, 890612.790 W.
The area within 500 meters (1640.4 feet) from each point on the (2) A vessel under 100 feet in length overall not engaged in
structure's outer edge is a safety zone. towing; or

(b) Regulation. No vessel may enter or remain in this safety zone (3) A vessel authorized by the Commander, Eighth Coast Guard
except: District.

(1) An attending vessel; [65 FR 16823, Mar. 30, 2000]

(2) A vessel under 100 feet in length overall not engaged in 147.813 Auger Tension Leg Platform Safety Zone.
towing; or (a) Description. The Auger Tension Leg Platform (Auger TLP) is
located at position 2732' 45.4" N, 9226' 35.09" W with two

294
supply boat mooring buoys at positions 2732' 38.1" N, 9226' towing; or
04.8" W (East Buoy) and 2732' 58.14" N, 9227' 04.92" W (West
Buoy). The area within 500 meters (1640.4 feet) from each point (3) A vessel authorized by the Commander, Eighth Coast Guard
on the structure's outer edge and an area within 500 meters District.
(1640.4 feet) of each of the supply boat mooring buoys is a safety
zone. [68 FR 4100, Jan. 28, 2003]

(b) Regulation. No vessel may enter or remain in this safety zone 147.821 Brutus Tension Leg Platform Safety Zone.
except: (a) Description. The Brutus Tension Leg Platform (Brutus TLP),
(1) an attending vessel; Green Canyon Block 158 (GC 158), is located at position
2747'42.86" N, 9038'51.15" W. The area within 500 meters
(2) A vessel under 100 feet in length overall not engaged in (1640.4 feet) from each point on the structure's outer edge is a
towing or fishing; or safety zone.

(3) A vessel authorized by the Commander, Eighth Coast Guard (b) Regulation. No vessel may enter or remain in this safety zone
District. except the following:

[65 FR 16823, Mar. 30, 2000] (1) An attending vessel;

147.815 ExxonMobil Hoover Floating OCS Facility Safety (2) A vessel under 100 feet in length overall not engaged in
Zone. towing; or
(a) Description. The ExxonMobil Hoover Floating OCS Facility,
Alaminos Canyon Block 25A (AC25A), is located at position (3) A vessel authorized by the Commander, Eighth Coast Guard
2656'33" N, 9441'19.55" W. The area within 500 meters (1640.4 District.
feet) from each point on the structure's outer edge is a safety
zone. [68 FR 4100, Jan. 28, 2003]

(b) Regulation. No vessel may enter or remain in this safety zone 147.823 Enchilada Platform Safety Zone
except the following: (a) Description. The Enchilada Platform, Garden Banks Block
128A (GB 128A), is located at position 2752'31.31" N,
(1) An attending vessel; 9159'11.09" W. The area within 500 meters (1640.4 feet) from
each point on the structure's outer edge, not to extend into the
(2) A vessel under 100 feet in length overall not engaged in adjacent East-West Gulf of Mexico Fairway, is a safety zone.
towing; or
(b) Regulation. No vessel may enter or remain in this safety zone
(3) A vessel authorized by the Commander, Eighth Coast Guard except the following:
District
(1) An attending vessel;
[68 FR 4100, Jan. 28, 2003]
(2) A vessel under 100 feet in length overall not engaged in
147.817 Sir Douglas Morpeth Tension Leg Platform Safety towing; or
Zone.
(a) Description. The Sir Douglas Morpeth Tension Leg Platform (3) A vessel authorized by the Commander, Eighth Coast Guard
(Morpeth TLP), Ewing Bank Block 921A (EW 921A), is located at District.
position 2802'05.28" N, 9001'22.12" W. The area within 500
meters (1640.4 feet) from each point on the structure's outer edge [68 FR 4100, Jan. 28, 2003]
is a safety zone.
147.825 Chevron Genesis Spar Safety Zone.
(b) Regulation. No vessel may enter or remain in this safety zone (a) Description. The Chevron Genesis Spar, Green Canyon
except the following: 205A (GC205A), is located at position 2746'46.365" N,
9031'06.553" W. The area within 500 meters (1640.4 feet) from
(1) An attending vessel; each point on the structure's outer edge is a safety zone.

(2) A vessel under 100 feet in length overall not engaged in (b) Regulation. No vessel may enter or remain in this safety zone
towing; or except the following:

(3) A vessel authorized by the Commander, Eighth Coast Guard (1) An attending vessel;
District.
(2) A vessel under 100 feet in length overall not engaged in
[68 FR 4100, Jan. 28, 2003] towing; or

147.819 Allegheny Tension Leg Platform Safety Zone. (3) A vessel authorized by the Commander, Eighth Coast Guard
(a) Description. The Allegheny Tension Leg Platform (Allegheny District.
TLP), Green Canyon Block 254A (GC 254A), is located at position
2741'29.65" N, 9016'31.93" W. The area within 500 meters [68 FR 4098, Jan. 28, 2003]
(1640.4 feet) from each point on the structure's outer edge is a
safety zone. 147.827 Marlin Tension Leg Platform Safety Zone.
(a) Description.The Marlin Tension Leg Platform (Marlin TLP),
(b) Regulation. No vessel may enter or remain in this safety zone Viasca Knoll, Block 915 (VK 915), is located at position
except the following: 296'27.46" N, 8756'37.14" W. The area within 500 meters
(1640.4 feet) from each point on the structure's outer edge is a
(1) An attending vessel; safety zone.

(2) A vessel under 100 feet in length overall not engaged in (b) Regulation. No vessel may enter or remain in this safety zone

295
except the following: "A"), located at position 2712'13.86'' N, 9212'09.36'' W. The
area within 500 meters (1640.4 feet) from each point on the
(1) An attending vessel; structure's outer edge is a safety zone. These coordinates are
based upon [NAD 83].
(2) A vessel under 100 feet in length overall not engaged in
towing; or (b) Regulation. No vessel may enter or remain in this safety zone
except the following:
(3) A vessel authorized by the Commander, Eighth Coast Guard
District. (1) An attending vessel;

[CGD08-02-045, 68 FR 55445, Sept. 26, 2003] (2) A vessel under 100 feet in length overall not engaged in
towing; or
147.829 Matterhorn Tension Leg Platform safety zone.
(a) Description. The Matterhorn Tension Leg Platform A (3) A vessel authorized by the Commander, Eighth Coast Guard
(Matterhorn TLP), Mississippi Canyon 243 (MC 243), located at District.
position 2844'32" N, 8839'32" W. The area within 500 meters
(1640.4 feet) from each point on the structure's outer edge is a [CGD08-03-040, 69 FR 19934, Apr. 15, 2004]
safety zone. These coordinates are based upon [NAD 83].
147.837 Marco Polo Tension Leg Platform Safety Zone.
(b) Regulation. No vessel may enter or remain in this safety zone (a) Description. Marco Polo Tension Leg Platform, Green
except the following: Canyon 608 (GC 608), located at position 2721'43.32" N,
9010'53.01" W. The area within 500 meters (1640.4 feet) from
(1) An attending vessel; each point on the structure's outer edge is a safety zone. These
coordinates are based upon [NAD 83].
(2) A vessel under 100 feet in length overall not engaged in
towing; or (b) Regulation. No vessel may enter or remain in this safety zone
except the following:
(3) A vessel authorized by the Commander, Eighth Coast Guard
District. (1) An attending vessel;

[CGD08-03-017, 68 FR 59118, Oct. 14, 2003] (2) A vessel under 100 feet in length overall not engaged in
147.831 Holstein Truss Spar safety zone. towing; or
(a) Description. Holstein, Green Canyon 645 (GC 645), located
(3) A vessel authorized by the Commander, Eighth Coast Guard
at position 271917 N, 903208 W. The area within
District.
500 meters (1640.4 feet) from each point on the structure's outer
edge is a safety zone. These coordinates are based upon North [CGD08-04-004, 69 FR 33858, June 17, 2004]
American Datum 1983.
147.839 Mad Dog Truss Spar Platform safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone (a) Description. Mad Dog Truss Spar Platform, Green Canyon
except the following: 782 (GC 782), located at position 2711'18'' N, 9105'12'' W. The
area within 500 meters (1640.4 feet) from each point on the
(1) An attending vessel; structure's outer edge is a safety zone. These coordinates are
based upon [NAD 83].
(2) A vessel under 100 feet in length overall not engaged in
towing; or (b) Regulation. No vessel may enter or remain in this safety zone
except the following:
(3) A vessel authorized by the Commander, Eighth Coast Guard
District. (1) An attending vessel;
[CGD08-03-028, 69 FR 6147, Feb. 10, 2004] (2) A vessel under 100 feet in length overall not engaged in
towing; or
147.833 Na Kika FDS Safety Zone.
(a) Description. Na Kika FDS, Mississippi Canyon 474 "A" (MC (3) A vessel authorized by the Commander, Eighth Coast Guard
474 "A"), located at position 2831'14.86" N, 8817'19.69" W. The District.
area within 500 meters (1640.4 feet) from each point on the
structure's outer edge is a safety zone. These coordinates are [CGD08-05-012, 70 FR 43768, July 29, 2005]
based upon [NAD 83].
147.841 Atlantis Semi-Submersible safety zone.
(b) Regulation. No vessel may enter or remain in this safety zone (a) Description. Atlantis Semi-Submersible, Green Canyon 787
except the following: (GC 787), located at position 2711'44" N, 9001'37" W. The area
within 500 meters (1640.4 feet) from each point on the structure's
(1) An attending vessel; outer edge is a safety zone. These coordinates are based upon
[NAD 83].
(2) A vessel under 100 feet in length overall not engaged in
towing; or (b) Regulation. No vessel may enter or remain in this safety zone
except the following:
(3) A vessel authorized by the Commander, Eighth Coast Guard
District. (1) An attending vessel;
[CGD08-03-039, 69 FR 21066, Apr. 20, 2004] (2) A vessel under 100 feet in length overall not engaged in
towing; or
147.835 Magnolia TLP Safety Zone.
(a) Description. Magnolia TLP, Garden Banks 783 "A" (GB 783 (3) A vessel authorized by the Commander, Eighth Coast Guard

296
District. structure's outer edge and the area within 500 meters (1640.4
feet) of each of the supply boat mooring buoys is a safety zone.
[CGD08-05-015, 70 FR 43772, July 29, 2005]
(b) Regulation. No vessel may enter or remain in this safety zone
147.843 Thunder Horse Semi-Submersible safety zone. except the following:
(a) Description. Thunder Horse Semi-Submersible, Mississippi
Canyon 778 (MC 778), located at position 2811'26" N, 8829'44" (1) An attending vessel;
W. The area within 500 meters (1640.4 feet) from each point on
the structure's outer edge is a safety zone. These coordinates are (2) A vessel under 100 feet in length overall not engaged in
based upon [NAD 83]. towing; or

(b) Regulation. No vessel may enter or remain in this safety zone (3) A vessel authorized by the Commander, Eighth Coast Guard
except the following: District or a designated representative.

(1) An attending vessel; [USCG-2013-0070, 79 FR 6819, Feb. 5, 2014]

(2) A vessel under 100 feet in length overall not engaged in 147.851 Jack St. Malo Semi-Sub Facility Safety Zone.
towing; or (a) Description. The Jack St. Malo Semi-Sub facility is in the
deepwater area of the Gulf of Mexico at Walker Ridge block 718.
(3) A vessel authorized by the Commander, Eighth Coast Guard The facility is located at 26145.94 N, 911539.99 W
District. and the area within 500 meters (1640.4 feet) from each point on
the facility structure's outer edge is a safety zone.
[CGD08-05-019, 70 FR 43770, July 29, 2005]
(b) Regulation. No vessel may enter or remain in this safety zone
147.845 Perdido Regional Host safety zone. except the following:
(a) Description. The Perdido Regional Host is located at position
2607'44" N, 09453'53" W. The area within 500 meters (1640.4 (1) An attending vessel;
feet) from each point on the structure's outer edge is a safety
zone. (2) A vessel under 100 feet in length overall not engaged in
towing; or
(b) Regulation. No vessel may enter or remain in this safety zone
except the following: (3) A vessel authorized by the Commander, Eighth Coast Guard
District or a designated representative.
(1) An attending vessel;
[USCG-2013-0874, 79 FR 52561, Sept. 4, 2014]
(2) A vessel under 100 feet in length overall not engaged in
towing; or 147.853 Petronius Compliant Tower Facility Safety Zone.
(a) Description. The Petronius Compliant Tower facility is in the
(3) A vessel authorized by the Commander, Eighth Coast Guard deepwater area of the Gulf of Mexico at Viosca Knoll Block 786.
District or a designated representative. The facility is located at 281344 N/874751 W and the
area within 500 meters (1640.4 feet) from each point on the
[USCG-2008-1051, 74 FR 55138, Oct. 27, 2009] facility structure's outer edge is a safety zone.

147.847 Safety Zone; BW PIONEER Floating Production, (b) Regulation. No vessel may enter or remain in this safety zone
Storage, and Offloading System Safety Zone. except the following:
(a) Description. The BW PIONEER, a Floating Production,
Storage and Offloading (FPSO) system, is in the deepwater area (1) An attending vessel;
of the Gulf of Mexico at Walker Ridge 249. The FPSO can swing
in a 360 degree arc around the center point of the turret buoy's (2) A vessel under 100 feet in length overall not engaged in
swing circle at 2641'46.25" N and 09030'30.16" W. The area towing; or
within 500 meters (1640.4 feet) around the stern of the FPSO
when it is moored to the turret buoy is a safety zone. If the FPSO (3) A vessel authorized by the Commander, Eighth Coast Guard
detaches from the turret buoy, the area within 500 meters around District or a designated representative.
the center point at 2641'46.25" N and 09030'30.16" W is a
safety zone. [USCG-2013-0874, 79 FR 52561, Sept. 4, 2014]

(b) Regulation. No vessel may enter or remain in this safety zone 147.855 Blind Faith Semi-Sub Facility Safety Zone.
except the following: (a) Description. The Blind Faith Semi-Sub facility is in the
deepwater area of the Gulf of Mexico at Mississippi Canyon Block
(1) An attending vessel; 650. The facility is located at 2820 29.5279 N/8815
56.4728 W and the area within 500 meters (1640.4 feet) from
(2) A vessel under 100 feet in length overall not engaged in
each point on the facility structure's outer edge is a safety zone.
towing; or
(b) Regulation. No vessel may enter or remain in this safety zone
(3) A vessel authorized by the Commander, Eighth Coast Guard
except the following:
District.
(1) An attending vessel;
[USCG-2009-0571, 75 FR 19882, Apr. 16, 2010]
(2) A vessel under 100 feet in length overall not engaged in
147.849 Safety Zone; Olympus Tension Leg Platform.
towing; or
(a) Description. The Olympus Tension Leg Platform is in the
deepwater area of the Gulf of Mexico in Mississippi Canyon Block
(3) A vessel authorized by the Commander, Eighth Coast Guard
807B. The facility is located at 28 9'35.59" N, 8914'20.86" W.
District or a designated representative.
The area within 500 meters (1640.4 feet) from each point on the

297
or
[USCG-2013-0874, 79 FR 52561, Sept. 4, 2014].
(3) a vessel authorized by the Commander, Eleventh Coast
147.857 Tahiti SPAR Facility Safety Zone. Guard District.
(a) Description. The Tahiti SPAR facility is in the deepwater area
of the Gulf of Mexico at Tahiti SPAR. The facility is located at [CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July
2719'33.3" N/-9042'50.9" W and the area within 500 meters 21, 1983]
(1640.4 feet) from each point on the facility structure's outer edge
is a safety zone. 147.1104 Platform ELLEN & ELLY Safety Zone.
(a) Description: The areas within a line 500 meters from each
(b) Regulation. No vessel may enter or remain in this safety zone point on the outer edge of each structure. The structures are
except the following: approximately 120 meters apart. The position of the center of
each structure is: Platform Ellen, 33-34'-57"N, 118-07'-42"W;
(1) An attending vessel; and Platform Elly, 33-35'-00"N, 118-07'-40"W.

(2) A vessel under 100 feet in length overall not engaged in (b) Regulations: No vessel may enter or remain in this safety
towing; or zone except the following:

(3) A vessel authorized by the Commander, Eighth Coast Guard (1) An attending vessel serving either structure,
District or a designated representative.
(2) a vessel under 100 feet in length overall not engaged in towing,
[USCG-2013-0874, 79 FR 52561, Sept. 4, 2014] or

147.859 Safety Zone; Gulfstar 1 SPAR, Mississippi Canyon (3) a vessel authorized by the Commander, Eleventh Coast
Block 724, Outer Continental Shelf on the Gulf of Mexico. Guard District.
(a) Description. The Gulfstar 1 Spar is in the deepwater area of
the Gulf of Mexico at Mississippi Canyon Block 724. The facility is [CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July
located at 2814'05.904" N, 8859'43.306" W, and the area within 21, 1983]
500 meters (1640.4 feet) from each point on the facility structure's
outer edge is a safety zone. 147.1105 Platform HONDO Safety Zone.(a) Description: The
area within a line 500 meters from each point on the structure's
(b) Regulation. No vessel may enter or remain in this safety zone outer edge. The position of the center of the structure is 34-23'-
except the following: 27"N, 120-07'-14"W.

(1) An attending vessel; (b) Regulations: No vessel may enter or remain in this safety
zone except for the following:
(2) A vessel under 100 feet in length overall not engaged in
towing; or (1) An attending vessel,

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

[USCG-2014-0242, 79 FR 51899, Sept. 2, 2014] (3) a vessel authorized by the Commander, Eleventh Coast
Guard District.
147.1102 Platform GRACE Safety Zone
(a) Description: The area within a line 500 meters from each [CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July
point on the structure's outer edge. The position of the center of 21, 1983]
the structure is 34-10'-47"N, 119-28'-05"W.
147.1106 Exxon Santa Ynez Offshore Storage And
(b) Regulations: No vessel may enter or remain in this safety Treatment Vessel Mooring Safety Zone.
zone except the following: (a) Description: The area within a line 1108 meters for the center
of the mooring. The position of the center of the mooring is 34-
(1) An attending vessel, 24'-19"N 120-06'00"-W.

(2) a vessel under 100 feet in length overall not engaged in towing, (b) Regulations: No vessel may enter or remain in this safety
or zone except the following:

(3) a vessel authorized by the Commander, Eleventh Coast (1) An attending vessel,
Guard District.
(2) a vessel under 100 feet in length overall not engaged in towing,
[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July or
21, 1983]
(3) a vessel authorized by the Commander, Eleventh Coast
147.1103 Platform GINA Safety Zone. Guard District.
(a) Description: The area within a line 500 meters from each
point on the structure's outer edge. The position of the center of [CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July
the structure is 34-07'-02"N, 119-16'-35"W. 21, 1983]

(b) Regulations: No vessel may enter or remain in this safety 147.1107 Platform GILDA Safety Zone.
zone except the following: (a) Description: The area within a line 500 meters from each
point on the structure's outer edge. The position of the center of
(1) An attending vessel, the structure is 34-10'-56"N. 119-25'-07"W.

(2) a vessel under 100 feet in length overall not engaged in towing, (b) Regulations: No vessel may enter or remain in this safety

298
zone except for the following: (a) Description: The area within a line 500 meters from each
point on the structure's outer edge. The position of the center of
(1) An attending vessel, the structure is 34-29-42 N, 120-42-08 W.

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

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July [CGD 11-84-01, 49 FR 33016, Aug. 20, 1984]
21, 1983]
147.1113 Platform GAIL Safety Zone.
147.1108 Platform EDITH Safety Zone. (a) Description: The area within a line 500 meters from each
(a) Description: The area within a line 500 meters from each point on the structure's outer edge. The position of the center of
point on the structure's outer edge. The position of the center of the structure is 34-07-30 N, 119-24-01 W.
the structure is 33-35-45 N. 118-08-27 W.
(b) Regulation: No vessel may enter or remain in this safety zone
(b) Regulations: No vessel may enter or remain in this safety except the following: (1) An attending vessel, (2) a vessel under
zone except for the following: (1) An attending vessel, (2) a vessel 100 feet in length overall not engaged in towing, or (3) a vessel
under 100 feet in length overall not engaged in towing, or (3) a authorized by the Commander, Eleventh Coast Guard District.
vessel authorized by the Commander, Eleventh Coast Guard
District. [CGD11-87-06, 52 FR 9657, Mar. 26, 1987]

[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 147.1114 Platform HARMONY Safety Zone.
21, 1983]. (a) Description: The area within a line 500 meters from each
point on the structure's outer edge. The position of the center of
147.1109 Platform HERMOSA Safety Zone. the structure is 34-22-36 N, 120-10-03 W.
(a) Description: The area within a line 500 meters from each
point on the structure's outer edge. The position of the center of (b) Regulation: No vessel may enter or remain in this safety zone
the structure is 34-27-19 N, 120-38-47 W. except the following: (1) an attending vessel; (2) a vessel under
100 feet in length overall not engaged in towing; or (3) a vessel
(b) Regulations: No vessel may enter or remain in this safety authorized by the Commander, Eleventh Coast Guard District.
zone except the following: (1) An attending vessel, (2) a vessel
under 100 feet in length overall not engaged in towing or (3) a [CGD11-92-01, 57 FR 9055, Mar. 16, 1992]
vessel authorized by the Commander, Eleventh Coast Guard
District. 147.1115 Platform HERITAGE Safety Zone.
(a) Description: The area within a line 500 meters from each
[CGD 11-84-01, 49 FR 33015, Aug. 20, 1984] point on the structure's outer edge. The position of the center of
the structure is 34-21-01 N, 120-16-45 W.
147.1110 Platform HARVEST Safety Zone.
(a) Description: The area within a line 500 meters from each (b) Regulation: No vessel may enter or remain in this safety zone
point on the structure's outer edge. The position of the center of except the following: (1) An attending vessel; (2) a vessel under
the structure is 34-28-09.5 N, 120-40-46.1 W. 100 feet in length overall not engaged in towing; or (3) a vessel
authorized by the Commander, Eleventh Coast Guard District.
(b) Regulations: No vessel may enter or remain in this safety
zone except for the following: (1) An attending vessel, (2) a vessel [CGD11-92-01, 57 FR 9055, Mar. 16, 1992]
under 100 feet in length overall not engaged in towing or (3) a
vessel authorized by the Commander, Eleventh Coast Guard 147.1116 Platform IRENE Safety Zone.
District. (a) Description: The area within a line 500 meters from each
point on the structure's outer edge. The position of the center of
[CGD 11-84-01, 49 FR 33016, Aug. 20, 1984]. the structure is 34-36'-37.5"N, 120-43'-46"W.

147.1111 Platform EUREKA Safety Zone. (b) Regulation: No vessel may enter or remain in this safety zone
(a) Description: The area within a line 500 meters from each except the following:
point on the structure's outer edge. The position of the center of
the structure is 34-29-42 N, 120-42-08 W. (1) An attending vessel;

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

[CGD 11-84-01, 49 FR 33016, Aug. 20, 1984] [CGD11-92-02, 57 FR 9054, Mar. 16, 1992]

147.1112 Platform HIDALGO Safety Zone.

299
PART 149-DEEPWATER PORTS: DESIGN,
CONSTRUCTION, AND EQUIPMENT
Table of Contents
Subpart A-General 149.317 How and where must lifejackets be stowed?
149.318 Must every person on the port have a lifejacket?
Sec. 149.319 What additional lifejackets must I have?
149.1 What does this part do? 149.320 What are the requirements for ring life buoys?
149.5 What definitions apply to this part? 149.321 How many ring life buoys must be on each deepwater
149.10 Where can I obtain a list of Coast Guard-approved port?
equipment? 149.322 Where must ring life buoys be located and how must
149.15 What is the process for submitting alterations and they be stowed?
modifications affecting the design and construction of a 149.323 What are the requirements for first aid kits?
deep -water port? 149.324 What are the requirements for litters?
149.325 What emergency communications equipment must be
Subpart B-Pollution Prevention Equipment on a manned deepwater port?
149.326 What are the immersion suit requirements?
149.100 What does this subpart do? 149.327 What are the approval requirements for work vests and
149.103 What are the requirements for discharge containment anti-exposure (deck) suits?
and removal material and equipment? 149.328 How must work vests and anti-exposure (deck) suits be
149.105 What are the requirements for the overflow and relief stowed?
valves? 149.329 How must work vests and deck suits be marked?
149.110 What are the requirements for pipeline end manifold 149.330 When may a work vest or deck suit be substituted for a
shutoff valves? lifejacket?
149.115 What are the requirements for blank flange and shutoff 149.331 What are the requirements for hybrid personal flotation
valves? devices?
149.120 What are the requirements for manually operated shut 149.332 What are the requirements for inflatable lifejackets?
off valves? 149.333 What are the marking requirements for lifesaving
149.125 What are the requirements for the malfunction detection equipment?
system?
149.130 What are the requirements for the cargo transfer UNMANNED DEEPWATER PORT REQUIREMENTS
system alarm?
149.135 What should be marked on the cargo transfer system 149.334 Who must ensure compliance with the requirements for
alarm switch? unmanned deepwater ports?
149.140 What communications equipment must be on a deep - 149.335 When are people prohibited from being on an
water port? unmanned deepwater port?
149.145 What are the requirements for curbs, gutters, drains, 149.336 What are the requirements for lifejackets?
and reservoirs? 149.337 What are the requirements for ring life buoys?
149.338 What are the requirements for immersion suits?
Subpart C-Lifesaving Equipment 149.339 What is the requirement for previously approved
lifesaving equipment on a deepwater port?
149.300 What does this subpart do? 149.340 What are the requirements for lifesaving equipment that
is not required by this subchapter?
MANNED DEEPWATER PORT REQUIREMENTS

149.301 What are the requirements for lifesaving equipment?


Subpart D-Firefighting and Fire-Protection
149.302 What are the requirements when lifesaving equipment Equipment
is repaired or replaced?
149.400 What does this subpart apply to?
149.303 What survival craft and rescue boats may be used on a
149.401 What are the general requirements for firefighting and
manned deepwater port?
fire protection equipment?
149.304 What type and how many survival craft and rescue
149.402 What firefighting and fire protection equipment must be
boats must a manned deepwater port have?
approved by the Coast Guard?
149.305 What are the survival craft requirements for temporary
149.403 How may I request the use of alternate firefighting and
personnel?
fire prevention equipment or procedures?
149.306 What are the requirements for lifeboats?
149.307 What are the requirements for free-fall lifeboats? FIREFIGHTING REQUIREMENTS
149.308 What are the requirements for liferafts?
149.309 What are the requirements for marine evacuation 149.404 Can I use firefighting equipment that has no Coast
systems? Guard standards?
149.310 What are muster and embarkation requirements for 149.405 How are fire extinguishers classified?
survival crafts? 149.406 What are the approval requirements for a fire
149.311 What are the launching and recovery requirements for extinguisher?
lifeboats? 149.407 Must fire extinguishers be on the deepwater port at all
149.312 What are the launching equipment requirements for times?
inflatable liferafts? 149.408 What are the maintenance requirements for fire
149.313 How must survival craft be arranged? extinguishers?
149.314 What are the approval and stowage requirements for 149.409 How many fire extinguishers are needed?
rescue boats? 149.410 Where must portable and semi-portable fire
149.315 What embarkation, launching, and recovery extinguishers be located?
arrangements must rescue boats meet? 149.411 What are the requirements for firemen's outfits?
149.316 What are the requirements for lifejackets? 149.412 How many fire axes are needed?

300
149.413 On a manned deepwater port, what spaces require a deepwater ports. It also provides the requirements for equipment
fixed fire extinguishing system? for deepwater ports.
149.414 What are the requirements for a fire detection and
alarm system? 149.5 What definitions apply to this part?
149.415 What are the requirements for a fire main system on a Definitions applicable to this part appear in 33 CFR 148.5. In
manned deepwater port? addition, the following terms are used in this part and have the
149.416 What are the requirements for a dry chemical fire indicated meanings:
suppression system?
149.417 What firefighting equipment must a helicopter landing Accommodation module means a module with one or more
deck on a manned deepwater port have? accommodation spaces that is individually contracted and may be
149.418 What fire-protection system must a helicopter fueling used for one or more facilities.
facility have?
149.419 Can the water supply for the helicopter deck fire Major conversion means a conversion, as determined by the
protection system be part of a fire water system? Commandant (CG-5P), that substantially changes the dimensions
149.420 What are the fire protection requirements for escape of a facility, substantially changes the water depth capability of a
routes? fixed facility, substantially changes the carrying capacity of a
149.421 What is the requirement for a previously approved fire floating facility, substantially changes the processing equipment,
detection and alarm system on a deepwater port? changes the type of a facility, substantially prolongs the life of a
facility, or otherwise so changes the facility that it is essentially a
Subpart E-Aids to Navigation new facility.

GENERAL Service space means a space used for a galley, a pantry


containing cooking appliances, a storeroom, or a workshop other
149.500 What does this subpart do?
than those in industrial areas, and trunks to those spaces.
149.505 What are the general requirements for aids to
navigation?
Sleeping space means a space provided with bunks for sleeping.
149.510 How do I get permission to establish an aid to
navigation?
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
LIGHTS USCG-2013-0397, 78 FR 39178, July 1, 2013]

149.520 What kind of lights are required? 149.10 Where can the operator obtain a list of Coast Guard-
approved equipment?
LIGHTS ON PLATFORMS Where equipment in this subchapter must be of an approved type,
the equipment must be specifically approved by the Commandant
149.535 What are the requirements for rotating beacons on
(CG-5P) and the Coast Guard Marine Safety Center. A list of
platforms?
approved equipment, including all of the approval series, is
LIGHTS ON SINGLE POINT MOORINGS available at: http://cgmix.uscg.mil/Equipment/Default.aspx.

149.540 What are the requirements for obstruction lights on an [USCG-2013-0397, 78 FR 39178, July 1, 2013]
single point mooring?
149.15 What is the process for submitting alterations and
LIGHTS ON FLOATING HOSE STRINGS modificationsaffecting the design and construction of a
deepwater port?
149.550 What are the requirements for lights on a floating hose
(a) Alterations and modifications affecting the design and
string?
construction of a deepwater port must be submitted to the
LIGHTS ON BUOYS USED TO DEFINE TRAFFIC LANES Commandant(CG-5) for review and approval if:

149.560 How must buoys used to define traffic lanes be marked (1) A license has not yet been issued; or,
and lighted?
149.565 What are the required characteristics and intensity of (2) A license has been issued but the port has not
lights on buoys used to define traffic lanes? commenced operations; or,

MISCELLANEOUS (3) The alteration and modification are deemed a major


conversion; or,
149.570 How is a platform, single point mooring, or submerged
turret loading identified?
(4) The alteration or modification substantially changes the
149.575 How must objects protruding from the water, other than
manner in which the port operates or is not in accordance with
platforms and single point moorings, be marked?
acondition of the license.
149.580 What are the requirements for a radar beacon?
149.585 What are the requirements for sound signals?
(b) All other alterations and modifications to the deepwater port
must be submitted to the Officer in Charge of Marine Inspection
Authority:33 U.S.C. 1504; Department of Homeland Security
(OCMI)for review and approval.
Delegation No. 0170.1 (75).
(c) Approval for alterations and modifications proposed after a
Source:USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless
license has been issued will be contingent upon whether the
otherwise noted.
proposed changes will affect the way the port operates, or any
conditions imposed in the license.
Editorial Note:Nomenclature changes to part 149 appear by
USCG-2010-0351, 75 FR 36284, June 25, 2010.
(d) The licensee is not authorized to proceed with alterations prior
to approval from the Commandant (CG-5) for the conditions
outlined in paragraph (a) and approval by the cognizant OCMI as
Subpart A-General required in paragraph (b) of this section.
149.1 What does this part do?
This part provides requirements for the design and construction of (e) The Commandant (CG-5), during the review and approval

301
process of a proposed alteration or modification, may consult with (2) Have a signal audible in all areas of the pumping platform
the Marine Safety Center and cooperating Federal agencies complex, except in areas under paragraph (b)(3) of this section;
possessing relevant technical expertise.
(3) Have a high intensity flashing light in areas of high ambient
149.100 Purpose. noise levels where hearing protection is required under Sec.
This subpart provides requirements for pollution equipment on 150.615 of this chapter; and
deepwater ports
(4) Be distinguishable from the general alarm.
149.103 What are the requirements for discharge
containment and removal material and equipment? (c) Tankers calling on unmanned deepwater ports must be
(a) Each deepwater port must have a facility response plan that equipped with a transfer system alarm described in this section.
meets the requirements outlined in part 154, subpart F, of this
chapter, and be approved by the cognizant Sector Commander, 149.135 What should be marked on the cargo transfer
or MSU Commander with COTP and OCMI authority. system alarm switch?
Each switch for activating an alarm, and each audio or visual
(b) The facility response plan must identify adequate spill device for signaling an alarm, must be identified by the words``Oil
containment and removal equipment for deepwater port-specific Transfer Alarm'' or ``Natural Gas Transfer Alarm'' in red letters at
spill scenarios. least 1 inch high on a yellow background.

(c) Response equipment and material must be pre-positioned for 149.140 What communications equipment must be on a
ready access and use on board the deepwater port. deepwater port?
(a) Each deepwater port must have the following communications
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by equipment:
USCG-2013-0397, 78 FR 39178, July 1, 2013]
(1) A system for continuous two-way voice communication among
149.105 Licensee. the deepwater port, the tankers, the support vessels, and other
The licensee of a deepwater port shall ensure that the port meets vessels operating at the deepwater port. The system must be
the design and construction requirements in this part. usable and effective in all phases of a transfer and in all
conditions of weather at the deepwater port;
149.110 What are the requirements for pipeline end
manifold shutoff valves? (2) A means to indicate the need to use the communication
Each pipeline end manifold must have a shutoff valve capable of system required by this section, even if the means is the
operating both manually and from the pumping platform complex. communication system itself; and

149.115 What are the requirements for blank flange and (3) Equipment that, for each portable means of communication
shutoff valves? used to meet the requirements of this section, is:
Each floating hose string must have a blank flange and a shutoff
valve at the vessel's manifold end. (i) Certified under 46 CFR 111.105-11 to be operated in Group D,
Class 1, Division 1 Atmosphere; and,
149.120 What are the requirements for manually operated
shutoff valves? (ii) Permanently marked with the certification required inparagraph
Each oil and natural gas transfer line passing through a (a)(3)(i) of this section. As an alternative to this marking
singlepoint mooring buoy system must have a manual shutoff requirement, a document certifying that the portable radio devices
valve. in use are in compliance with this section may be kept at the
deepwater port.
149.125 What are the requirements for the malfunction
detection system? (b) The communication system of the tank ship mooring at an
(a) Each oil and natural gas system, between a pumping platform unmanned deepwater port will be deemed the primary means of
complex and the shore, must have a system that can detect and communicating with support vessels, shore side, etc.
locate leaks and other malfunctions, particularly in high-risk areas.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
(b) The marine transfer area on an oil deepwater port must be USCG-2013-0397, 78 FR 39178, July 1, 2013]
equipped with a monitoring system in accordance with Sec.
154.525 of this chapter. 149.145 What are the requirements for curbs, gutters,
drains, andreservoirs?
(c) A natural gas deepwater port must be equipped with gas Each pumping platform complex must have enough curbs, gutters,
detection equipment adequate for the type of transfer system, drains, and reservoirs to collect, in the reservoirs, all oil and
including storage and regasification, used. The Commandant(CG- contaminants not authorized for discharge into the ocean
5P) will evaluate proposed leak-detection systems for natural gas according to the deepwater port's National Pollution Discharge
on an individual basis. Elimination System permit.

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39178, July 1, 2013] USCG-2013-0397, 78 FR 39178, July 1, 2013]

149.130 What are the requirements for the cargo transfer Subpart C Lifesaving Equipment
system alarm?
149.300 What does this subpart do?
(a) Each cargo transfer system must have an alarm to signal a
This subpart provides requirements for lifesaving equipment on
malfunction or failure in the system.
deepwater ports.
(b) The alarm must sound automatically in the control room and:
Manned Deepwater Port Requirements
(1) Be capable of being activated at the pumping platform 149.301 What are the requirements for lifesaving equipment?
complex; (a) Manned Deepwater Port. Each deepwater port on which at
least one person occupies an accommodation space for more

302
than 30 consecutive days in any successive 12-month period (5) The required lifeboats may be used as rescue boats if the
must comply with the requirements for lifesaving equipment in this lifeboats also meet the requirements for rescue boats in Sec.
subpart. 149.314 of this part.

(b) Unmanned Deepwater Port Each deepwater port, not under (b) Deepwater ports consisting of novel structures or a
paragraph (a) of this section, must comply with the requirements combination of fixed and/or floating structures may require
for lifesaving equipment for unmanned deepwater ports in this additional survival craft as deemed necessary by the
subpart. Commandant (CG-5P). In these cases, the type and number of
survival craft must be specified in the operations manual.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39178, July 1, 2013] [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013]
149.302 What are the requirements when lifesaving
equipment is repaired or replaced? 149.305 What are the survival craft requirements for
When lifesaving equipment is replaced, or when the deepwater temporary personnel?
port undergoes a repair, alteration, or modification that involves (a) When temporary personnel are on board a manned deepwater
replacing or adding to the lifesaving equipment, the new portand the complement exceeds the capacity of the survival craft
lifesaving equipment must meet the requirements of this subpart. required under Sec. 149.304 of this part, the deepwater port must
have additional liferafts to ensure that the total capacity of the
149.303 What survival craft and rescue boats may be used survival craft is not less than 150 percent of the personnel on
on a manneddeepwater port? board at anytime.
(a) Each survival craft on a manned deepwater port must be one
of the following: (b) The liferafts required in paragraph (a) of this section need not
meet the launching requirements of paragraph (b) toSec. 149.308
(1) A lifeboat meeting the requirements of Sec. 149.306of this part; of this part, but must comply with the stowage requirements of 46
or CFR 108.530(c).
(2) A liferaft meeting the requirements of Sec. 149.308 of this part.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013]
(b) Each rescue boat on a manned deepwater port must be a
rescueboat meeting the requirements of Sec. 149.314 of this part.
149.306 What are the requirements for lifeboats?
(a) Lifeboats must be:
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013]
(1) Totally enclosed, fire-protected, and approved under approval
series 160.135; and
149.304 What type and how many survival craft and rescue
boats must amanned deepwater port have?
(2) If the hull or canopy is of aluminum, it must be protected in its
(a) Except as specified under Sec. 149.305 of this part, each
stowage position by a water spray system meeting the
manned deepwater port must have at least the type and number
requirements of 46 CFR 34.25.
of survival craft and the number of rescue boats indicated for the
deepwater port in paragraphs (a)(1) through (a)(5) of thissection.
(b) Each lifeboat must have at least the provisions and survival
equipment required by 46 CFR 108.575(b).
(1) For a deepwater port with 30 or fewer persons on board:
(c) Except for boathooks, the equipment under paragraph (b) of
(i) One or more lifeboats with a total capacity of 100 percent of the
this section must be securely stowed in the lifeboat.
personnel on board;
(d) Each lifeboat must have a list of the equipment it is required to
(ii) One or more liferafts with a total capacity of 100 percent of the
carry under paragraph (c) of this section. The list must be posted
personnel on board; and
in the lifeboat.
(iii) One rescue boat, except that the rescue boat is not required
(e) The manufacturer's instructions for maintenance and repair of
for deepwater ports with eight or fewer persons on board.
the lifeboat, required under Sec. 150.502(a) of this chapter, must
be in the lifeboat or on the deepwater port.
(2) For a deepwater port with 31 or more persons on board:
149.307 What are the requirements for free-fall lifeboats?
(i) At least two lifeboats with a total capacity of 100 percent of the
All free-fall lifeboats must be approved under approval
personnel on board;
series160.135.
(ii) One or more liferafts with a total capacity so that, if the survival
149.308 What are the requirements for liferafts?
craft at any one location are rendered unusable, there willbe craft
(a) Each liferaft must be an inflatable liferaft approved under
remaining with a total capacity of 100 percent of the personnel on
approval series 160.151, or a rigid liferaft approved under
board; and
approval series 160.118.
(iii) One rescue boat.
(b) Except as under Sec. 149.305(b) of this subpart,each
inflatable or rigid liferaft, boarded from a deck that is more than
(3) Lifeboats may be substituted for liferafts.
4.5 meters (14.75 feet) above the water, must be davit-launched
or served by a marine evacuation system complying with Sec.
(4) Capacity refers to the total number of persons on the
149.309 to this subpart.
deepwater port at any one time, not including temporary
personnel. Temporary personnel include: contract workers, official
149.309 What are the requirements for marine evacuation
visitors, and any other persons who are not permanent
systems?
employees. SeeSec. 149.305 of this part for additional survival
All marine evacuation systems must be approved under approval
craft requirements when temporary personnel are on board.
series 160.175 and comply with the launching arrangement

303
requirements for mobile offshore drilling units in 46 CFR 108.545. requirement.

149.310 What are the muster and embarkation requirements (b) Each rescue boat embarkation and launching arrangement
for survivalcraft? must permit the rescue boat to be boarded and launched in the
Muster and embarkation arrangements for survival craft must shortest possible time.
comply with 46 CFR 108.540.
(c) If the rescue boat is one of the deepwater port's survivalcraft,
149.311 What are the launching and recovery requirements then the rescue boat must comply with the muster and
for lifeboats? embarkation arrangement requirements of Sec. 149.310 of this
(a) Each lifeboat launched by falls must have a launching and part.
recovery system that complies with 46 CFR 108.555.
(d) The rescue boat must comply with the embarkation
(b) Each free-fall lifeboat must have a launching and recovery arrangement requirements of 46 CFR 108.555.
system that complies with 46 CFR 108.557.
(e) If the launching arrangement uses a single fall, the
149.312 What are the launching equipment requirements rescueboat may have an automatic disengaging apparatus,
for inflatableliferafts? approved underapproval series 160.170, instead of a lifeboat
(a) Each inflatable liferaft not intended for davit launching must be release mechanism.
capable of rapid deployment.
(f) The rescue boat must be capable of being recovered rapidly
(b) Each liferaft capable of being launched by a davit must have when loaded with its full complement of persons and equipment. If
the following launching equipment at each launching station: a lifeboat is being used as a rescue boat, rapid recovery must be
possible when loaded with its lifeboat equipment and a rescue
(1) A launching device approved under approval series 160.163; boat's complement of at least six persons.
And
(g) Each rescue boat launching appliance must be fitted with a
(2) A mechanical disengaging apparatus approved under powered winch motor.
approval series 160.170.
(h) Each rescue boat launching appliance must be capable of
(c) The launching equipment must be operable, both from within hoisting the rescue boat, when loaded with its full complement of
the liferaft and from the deepwater port. persons and equipment, at a rate of not less than 59 feet per
minute.
(d) Winch controls must be located so that the operator can
observe the liferaft launching. (i) The operator may use an onboard crane to launch a rescue
boat if the crane's launching system meets the requirements of
(e) The launching equipment must be arranged so that a loaded this section..
liferaft does not have to be lifted before it is lowered.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
(f) Not more than two liferafts may be launched from the same set USCG-2013-0397, 78 FR 39179, July 1, 2013]
of launching equipment.
149.316 What are the requirements for lifejackets?
149.313 How must survival craft be arranged? (a) Each lifejacket must be approved under approval
The operator must arrange survival craft so that they meet the series160.002, 160.005, 160.055, 160.077, or 160.176.
requirements of 46 CFR 108.525 (a) and Sec. 108.530 and so
that they-: (b) Each lifejacket must have a light approved under approval
series 161.012. Each light must be securely attached to the front
(a) Are readily accessible in an emergency; shoulder area of the lifejacket.

(b) Are accessible for inspection, maintenance, and testing; (c) Each lifejacket must have a whistle permanently attached by a
cord.
(c) Are in locations clear of overboard discharge piping or
openings, and obstructions below; and (d) Each lifejacket must be fitted with Type I retroreflective
material, approved under approval series 164.018.
(d) Are located so that survival craft with an aggregate capacity to
accommodate 100% of the total number of persons authorized to 149.317 How and where must lifejackets be stowed?
be berthed are readily accessible from the personnel berthing (a) The operator must ensure that lifejackets are stowed in readily
area. accessible places in or adjacent to accommodation spaces.

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by (b) Lifejacket stowage containers and the spaces housing the
USCG-2013-0397, 78 FR 39179, July 1, 2013] containers must not be capable of being locked.

149.314 What are the approval and stowage requirements (c) The operator must mark each lifejacket container or lifejacket
for rescue boats? stowage location with the word ``LIFEJACKETS'' in blockletters,
(a) Rescue boats must be approved under approval series and the quantity, identity, and size of the lifejackets stowed inside
160.156. A lifeboat is acceptable as a rescue boat if it also meets the container or at the location.
therequirements for a rescue boat under approval series 160.156.
149.318 Must every person on the Deepwater port have a
(b) The stowage of rescue boats must comply with 46 CFR lifejacket?
108.565. The operator must provide a lifejacket that complies with Sec.
149.316 of this part for each person on a manned deepwater port.
149.315 What embarkation, launching, and recovery
arrangements must rescueboats meet? [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
(a) Each rescue boat must be capable of being launched in a USCG-2013-0397, 78 FR 39179, July 1, 2013]
current of up to 5 knots. A painter may be used to meet this

304
149.319 What additional lifejackets must the deepwater port 149.325 What emergency communications equipment must
have? be on a manned deepwater port?
For each person on duty in a location where the lifejacket required Each manned deepwater port must have a radio, telephone, or
by 149.317 of this part is not readily accessible, an additional other means of emergency communication with the shore,
lifejacket must be stowed so as to be readily accessible to that vessels, and facilities in the vicinity in the event the primary
location. communications system outlined in Sec. 149.140 of this part fails.
This communication equipment must have an emergency power
[USCG-2013-0397, 78 FR 39179, July 1, 2013] source.

149.320 What are the requirements for ring life buoys? [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
(a) Ring life buoys must be approved under approval series USCG-2013-0397, 78 FR 39179, July 1, 2013]
160.050 or 160.150, for SOLAS-approved equipment.
149.326 What are the immersion suit requirements?
(b) Each ring life buoy must have a floating electric water light Each manned deepwater port located north of 32 degrees North
approved under approval series 161.010. The operator must latitude must comply with the immersion suit requirements in 46
ensure that the light to the ring life buoy is attached by a lanyard FR108.580.
of 12-thread manila, or a synthetic rope of equivalent strength, not
less than 3 feet nor more than 6 feet in length. The light must be 149.327 What are the approval requirements for work vests
mounted on a bracket near the ring life buoy so that, when the and anti-exposure (deck) suits?
ring life buoy is cast loose, the light will be pulled free of the All work vests and anti-exposure (deck) suits on a manned
bracket. deepwater port must be of a buoyant type approved under:

(c) To each ring life buoy, there must be attached a buoyant line (a) Approval series 160.053 as a work vest;
of 100 feet in length, with a breaking strength of at least 5
kilonewtons force. The end of the line must not be secured to the (b) Approval series 160.053 or 160.153 as an anti-exposure
deepwater port. suit;or

(d) Each ring life buoy must be marked with Type II retroreflective (c) Approval series 160.077 as a commercial hybrid personal
material, approved under approval series 164.018. flotation device.

149.321 How many ring life buoys must be on each 149.328 How must work vests and anti-exposure (deck)
deepwater port? suits be stowed?
There must be at least four approved ring life buoys on each All work vests and deck suits must be stowed separately from
manned deepwater port lifejackets and in a location that is not easily confused with a
storage area for lifejackets.
149.322 Where must ring life buoys be located and how
must they be stowed? 149.329 How must work vests and deck suits be marked?
(a) The operator must locate one ring life buoy on each side of the All work vests and deck suits must be fitted with Type I
deepwater port and one near each external stairway leading to retroreflective material, approved under approval series 164.018.
the water. One buoy per side may be used to satisfy both these
requirements. 149.330 When may a work vest or deck suit be substituted
for a lifejacket?
(b) Each ring life buoy must be stowed on or in a rack that is (a) A work vest or deck suit meeting the requirements of Sec.
readily accessible in an emergency. The ring life buoy must not 149.326 of this part may be used instead of a lifejacket when
bepermanently secured in any way to the rack or the deepwater personnel are working near or over water.
port.
(b) Work vests or deck suits may not be substituted for any
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by portion of the number of approved lifejackets required on the
USCG-2013-0397, 78 FR 39179, July 1, 2013] deepwater port or attending vessel for use during drills
andemergencies.
149.323 What are the requirements for first aid kits?
(a) Each manned deepwater port must have an industrial first aid [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
kit, approved by an appropriate organization, such as the USCG-2013-0397, 78 FR 39179, July 1, 2013]
American Red Cross, for the maximum number of persons on the
deepwater port. 149.331 What are the requirements for hybrid personal
flotation devices?
(b) The first aid kit must be maintained in a spacedesignated as a (a) The operator must ensure that the use and stowage of all
medical treatment room or, if there is no medical treatment room, commercial hybrid personal flotation devices (PFDs) used as
under the custody of the person in charge. work vests comply with the procedures required for them in 46
CFR160.077-29, and all limitations, if any, marked on them.
(c) The operator must ensure that each first aid kit is
accompanied by a copy of either the Department of Health and (b) All commercial hybrid PFDs on the deepwater port must be of
Human Services Publication No. (PHS) 84-2024, ``The Ship's the same or similar design and must have the same method of
Medicine Chest and Medical Aid at Sea,'' available from the operation.
Superintendent of Documents, U.S. Government Printing
Office,Washington, DC 20402, or the ``American Red Cross First 149.332 What are the requirements for inflatable lifejackets?
Aid and Safety Handbook,'' available from Little Brown and (a) Each inflatable lifejacket must be approved under approval
Company, 3Center Plaza, Boston, MA 02018. series 160.176.

149.324 What are the requirements for litters? (b) All inflatable lifejackets on a deepwater port must:
Each manned deepwater port must have at least one Stokes or
other suitable litter, capable of safely hoisting an injured person. (1) Be used and stowed according to the procedures contained in
The litter must be readily accessible in an emergency. the manual required for them under 46 CFR 160.176-21;

305
(2) Be marked with all limitations, if any; and (b) If an attending vessel is moored to the unmanned deep
waterport, the suits may be stowed on the vessel, instead of on
(3) Be of the same or similar design and have the same method the deepwater port.
of operation.
149.339 What is the requirement for previously approved
149.333 What are the marking requirements for lifesaving lifesavingequipment on a deepwater port?
equipment? Lifesaving equipment such as lifeboats, liferafts, and PFDs on a
(a) Each lifeboat, rigid liferaft, and survival capsule must be deepwater port on January 1, 2004, need not meet the
marked on two opposite outboard sides with the name, number, requirements of this subpart until the equipment needs replacing,
or other inscription identifying the deepwater port on which it is provided it is periodically tested and maintained and in good
placed, and the number of persons permitted on the craft. Each operational condition.
paddle or oar for these crafts must also be marked with an
inscription identifying the deepwater port. The letters and 149.340 What are the requirements for lifesaving equipment
numbers must be at least 100 millimeters (3.94 inches) high on a that is notrequired by this subchapter?
contrasting background. Each item of lifesaving equipment on a deepwater port that is not
required by this subchapter must be approved by the
(b) Each inflatable liferaft must be marked to meet 46 Commandant(CG-5P).
CFR160.151- 33, and, after each servicing, marked to meet 46
CFR160.151-57(m). [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013]
(c) Each lifejacket and ring life buoy must be conspicuously
marked with the name, number, or other inscription identifying the Subpart D Firefighting and Fire Protection
deepwater port on which it is placed. The letters and numbers Equipment
must beat least 1.5 inches (38 mm) high on a contrasting
background. Lifejackets and ring life buoys that accompany 149.400 What does this subpart apply to?
mobile crews to unmanned deepwater ports may be marked with This subpart applies to all deepwater ports except unmanned
the operator's name and field designation. deepwater ports consisting of a submerged turret loading or
comparable configurationin which cargo transfer operations are
Unmanned Deepwater Port Requirements conducted solely aboard the tank vessel by the vessel crew.

149.334 Who must ensure compliance with the [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
requirements for unmanneddeepwater ports? USCG-2013-0397, 78 FR 39179, July 1, 2013]
The owner or operator of an unmanned deepwater port must
ensureth at applicable requirements are complied with on that 149.401 What are the general requirements for firefighting
deepwater port. and fireprotection equipment?
Each deepwater port must comply with the requirements for
149.335 When are people prohibited from being on an firefighting and fire protection equipment in this subpart.
unmanned deepwaterport?
No person may be on an unmanned deepwater port unless all 149.402 What firefighting and fire protection equipment
requirements of this part are met. must be approvedby the Coast Guard?
Except as permitted under Sec. 149.403,Sec. 149.415(c) or (d),
149.336 What are the requirements for lifejackets? Sec. 149.419(a)(1), orSec. 149.420 of this part, all required
(a) Except as provided in paragraph (b) of this section, each firefighting and fire protection equipment on a deepwater port
unmanned deepwater port must have at least one lifejacket must be approved by the Commandant (CG-ENG). Firefighting
complying withSec. 149.316 of this part for each person on the and fire protection equipment that supplements required
deepwater port. The lifejackets need to be available for use on the equipment must also be approved by the Commandant (CG-
deepwater port only when persons are on board. ENG), unless approval by the Officer in Charge of Marine
Inspection (OCMI) is requested and granted pursuant toSec.
(b) During helicopter visits, personnel who have aircraft type of 149.403 of this subpart.
lifejackets may use them as an alternative to the requirements of
paragraph (a) of this section. [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013]
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013] 149.403 How may I request the use of alternate or
supplementalfirefighting and fire prevention equipment or
149.337 What are the requirements for ring life buoys? procedures?
(a) Each unmanned deepwater port must have at least one ring (a) The operator may request the use of alternate or supplemental
lifebuoy complying with Sec. 149.320 to this part. equipment or procedures than those required in this subchapter.

(b) If there is no space on the deepwater port for the ring lifebuoys, (b) Upon request, the Sector Commander, or MSU Commander
they must be on a manned vessel located alongside of the with COTP and OCMI authority, may allow the use of alternate
deepwater port while the persons are on the deepwater port. equipment or procedures if the alternatives will:

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by (1) Accomplish the purposes for the requirement; and
USCG-2013-0397, 78 FR 39179, July 1, 2013]
(2) Provide a degree of safety equivalent to or greater than that
149.338 What are the requirements for immersion suits? provided by the requirement.
(a) Each unmanned deepwater port located north of 32 degrees
North latitude must comply with the immersion suit requirements (c) The OCMI may require that the requesting party:
applicable to mobile offshore drilling units under 46 CFR 108.580,
and immersion suits must be approved under approval series (1) Explain why applying the requirement would be unreasonable
160.171. Except as underparagraph (b) of this section, the or impracticable; or
immersion suits need be on the deepwater port only when
persons are on board. (2) Submit engineering calculations, tests, or other data to

306
demonstrate how the requested alternative would comply with deepwaterport must be classified using the Coast Guard's marine
paragraph(b) of this section. rating system of a combination letter-and-number symbol in which
the letter indicates the type of fire that the extinguisher is
(d) The OCMI may determine, on a case-by-case basis, that The designed to extinguish, and the number indicates the relative size
Commandant (CG-ENG) must approve the use of the alternate of the extinguisher.
equipment or procedure.
(b) The letter designations are as follows:
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013] (1) ``A'' for fires of ordinary combustible materials where the
quenching and cooling effects of water, or solutions containing
Firefighting Requirements large percentages of water, are of primary importance;
149.404 Can I use firefighting equipment that has no Coast (2) ``B'' for fires of flammable liquids, greases, or other thick
Guardstandards? flammable substances where a blanketing effect isessential; and
A deepwater port may use firefighting equipment for which there
is no Coast Guard standard as supplemental equipment, pursuant (3) ``C'' for fires in electrical equipment where the use of a non-
to Sec. 149.403 of this part, if the equipment does not endanger conducting extinguishing agent is of primary importance.
the deepwater port orthe persons aboard it in any way. This
equipment must be listed and labeled by a nationally recognized (c) The number designations for size range from ``I''for the
testing laboratory, as that term is defined in 29 CFR 1910.7, and it smallest extinguisher to ``V'' for the largest.Sizes I and II are
must be maintained in good working condition. portable extinguishers. Sizes III, IV, and V are semi-portable
extinguishers that must be fitted with suitable hose and nozzle, or
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by other practicable means, so that all portions of the space
USCG-2013-0397, 78 FR 39179, July 1, 2013] concerned may be covered. Examples of size graduations for
some of the typical portable and semi-portable extinguishers are
149.405 How are fire extinguishers classified?
set forth intable 149.405 of this section.
(a) Portable and semi-portable extinguishers on a manned

Table 149.405--Portable and Semi-Portable Extinguishers

Classification type-size Foam liters Carbon dioxide Dry chemical


(gallons) Kilograms Kilograms
(pounds) (pounds)
1
A-II......................... 9.5 (2.5) ............... 2.25 (5)
B-II......................... 9.5 (2.5) 6.7 (15) 4.5 (10)
C-II........................ ............... 6.7 (15) 4.5 (10)
B-IV....................... 7.6 (20) 22.5 (50) 13.5 (30)
2 2
B-V........................ 15.2 (40) 45 (100) 22.5 (50)

Notes:
1
Must be specifically approved as a type``A,'' ``B,'' or (b) The fire extinguishers required by Sec. 149.409 of this part
``C''extinguisher. need be on unmanned deepwater ports only when personnel are
2
For outside use, double the quantity of agent that mustbe carried. working on the deepwater port during cargo transfer operations,
orperforming maintenance duties.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013] [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013]
149.406 What are the approval requirements for a fire
extinguisher? 149.408 What are the maintenance requirements for fire
All portable and semi-portable fire extinguishers must be of an extinguishers?
approved type under 46 CFR part 162, subparts 162.028 and All fire extinguishers must be maintained in good working
162.039,respectively. orderand serviced annually in accordance with 46 CFR 107.235.
149.409 How many fire extinguishers are needed?
149.407 Must fire extinguishers be on the deepwater port at
Each particular location must have the number of fire
all times?
extinguishers required by table 149.409 of this section.
(a) The fire extinguishers required by Sec. 149.409 of this part
must be on all manned deepwater ports at all times.

307
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by 149.412 How many fire axes are needed?
USCG-2013-0397, 78 FR 39179, July 1, 2013] Each manned deepwater port must have at least two fire axes as
required by 46 CFR 108.499.
149.410 Where must portable and semi-portable fire
extinguishers belocated? 149.413 On a manned deepwater port, what spaces require
All portable and semi-portable fire extinguishers described in table a fixed fire extinguishing system?
149.409 of this part must be located in the open so as to be The manned deepwater port spaces or systems listed in
readily seen. paragraphs(a) through (c) of this section must be protected by an
approved fixed gaseous or other approved fixed-type
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by extinguishing system.
USCG-2013-0397, 78 FR 39179, July 1, 2013]
(a) Paint lockers with a carrying capacity of more than 200 cubic
149.411 What are the requirements for firemen's outfits? feet, and similar spaces containing flammable liquids.
(a) Each manned deepwater port with nine or more persons must
have at least two firemen's outfits complying with 46 CFR 108.497. (b) Galley ranges or deep fat fryers.

(b) The person in charge of safety must ensure that: (c) Each enclosed space containing internal combustion or
gasturbine machinery with an aggregate power of more than
(1) At least two people trained in the use of firemen's outfits are 1,000 B.H.P.,and any associated fuel oil units, purifiers, valves, or
on the deepwater port at all times; manifolds.

(2) Each fireman's outfit and its spare equipment are stowed 149.414 What are the requirements for a fire detection and
together in a readily accessible container or locker. No more than alarm system?
one outfit must be stowed in the same container or locker. The (a) All accommodation and service spaces on a manned
two containers or lockers must be located in separate areas to deepwater port, and all spaces or systems on a manned or
ensure that at least one is available at all times in the event of a unmanned deepwater port for processing, storing, transferring, or
fire; and regasifying liquefied natural gas, must have an automatic fire
detection and alarm system that:
(3) Firemen's outfits are not used for any purpose other than
firefighting. (1) Either complies with 46 CFR 108.405 or

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by (2) Is designed and installed in compliance with a national
USCG-2013-0397, 78 FR 39179, July 1, 2013] consensus standard, as that term is defined in 29 CFR 1910.2, for

308
fire detection and fire alarm systems, and that complies with 149.418 What fire protection system must a helicopter
standards set by a nationally recognized testing laboratory, as fueling facilityhave?
that term is defined in 29 CFR 1910.7, for such systems or In addition to the portable fire extinguishers required under table
hardware. 149.409 of this part, each helicopter fueling facility must have a
fire protection system complying with 46 CFR 108.489.
(b) Sleeping quarters must be fitted with smoke detectors that
have local alarms and that may or may not be connected to the [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
central alarm panel. USCG-2013-0397, 78 FR 39179, July 1, 2013]

(c) Each fire detection and fire alarm system must have both a 149.419 Can the water supply for the helicopter deck fire
visual alarm and an audible alarm at a normally manned area. protectionsystem be part of a fire water system?
(a) The water supply for the helicopter deck fire protection system
(d) Each fire detection and fire alarm system must be divided into required under Sec. 149.420 or Sec. 149.421 of this part may be
zones to limit the area covered by a particular alarm signal. part of:

149.415 What are the requirements for a fire main system (1) The fire water system, installed in accordance with Bureau of
on a manneddeepwater port? Ocean Energy Management regulations under 30 CFR 250.803;
(a) Each pumping platform complex must have a fixed fire main or
system. The system must either:
(2) The fire main system under Sec. 149.415 of this part.
(1) Comply with 46 CFR 108.415 through 108.429 and 33 CFR
127.607 if it is a natural gas deepwater port; or (b) If the water supply for the helicopter deck fire protection
system is part of an independent accommodation fire main
(2) Comply with a national consensus standard, as that term is system, the piping design and hardware must be compatible with
defined in 29 CFR 1910.2, for such systems and hardware, and the system and must comply with the requirements for fire mains
comply with the standards set by a nationally recognized testing in 46 CFR 108.415 through 108.429.
laboratory, as that term is defined in 29 CFR 1910.7, for such
systems and hardware. [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013]
(b) If the fire main system meets the requirements outlined in
paragraph (a)(2) of this section, it must provide, at a 149.420 What are the fire protection requirements for
minimum,protection to: escape routes?
At least one escape route from an accommodation space or
(1) Accommodation spaces; module to a survival craft or other means of evacuation must
provide adequate protection. Separation of the escape route from
(2) Accommodation modules; the cargo area by steel construction, in accordance with 46 CFR
108.133, or equivalent protection is considered adequate
(3) Control spaces; and protection for personnel escaping from fires and explosions.
Additional requirements for escape routes are in subpart F of this
(4) Other areas frequented by deepwater port personnel. part.

(c) The hose system must be capable of reaching all parts of 149.421 What is the requirement for a previously approved
these spaces without difficulty. fire detection and alarm system on a deepwater port?
An existing fire detection and alarm system on a deepwater port
(d) Under paragraph (a)(2) of this section, the fire main system need not meet the requirements in this subpart until the system
may be part of a fire water system in accordance with 30 CFR needs replacing, provided it is periodically tested and maintained
250.803. in good operational condition.

(e) A fire main system for a natural gas deepwater port must also Subpart E - Aids to Navigation
comply with 33 CFR 127.607.
General
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013] 149.500 What does this subpart do?
149.416 What are the requirements for a dry chemical fire This subpart provides requirements for aids to navigation on
suppressionsystem? deepwater ports.
Each natural gas deepwater port must be equipped with a dry
chemical system that meets the requirements of Sec. 127.609 of 149.505 What are the general requirements for aids to
this chapter. navigation?
The following requirements apply to navigation aids under this
149.417 What firefighting equipment must a helicopter subpart:
landing deck on amanned deepwater port have?
Each helicopter landing deck on a manned deepwater port must (a) Section 66.01-5 of this chapter, on application to establish,
have the following: maintain, discontinue, change, or transfer ownership of an aid,
except as under 149.510 of this part;
(a) A fire hydrant and hose located near each stairway to the
landing deck. If the landing deck has more than two stairways, (b) Section 66.01-25(a) and (c) of this chapter, on discontinuing or
only two stairways need to have a fire hydrant and hose. The fire removing an aid. For the purposes of 66.01-25(a) and (c) of this
hydrants must be part of the fire main system; and chapter, navigation aids at a deepwater port are considered Class
I aids under 66.01-15 of this chapter;
(b) Portable fire extinguishers in the quantity and location as
required in table 149.409 of this part. (c) Section 66.01-50 of this chapter, on protection of an aid from
interference and obstruction; and
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013] (d) Section 66.01-55 of this chapter, on transfer of ownership of

309
an aid. (c) An STL deepwater port that utilizes a marker buoy must be
lighted in accordance with paragraph (a) of this section.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39179, July 1, 2013] Lights on Floating Hose Strings
149.510 How do I get permission to establish an aid to 149.550 What are the requirements for lights on a floating
navigation? hose string?
(a) To establish a navigation aid on a deepwater port, the licensee Hose strings that are floating or supported on trestles must
must submit an application under 66.01-5 of this chapter, except display the following lights at night and during periods of restricted
that the application must be sent to the Commandant (CG-5P). visibility:

(b) At least 180 days before the installation of any structure at the (a) One row of yellow lights that must be:
site of a deepwater port, the licensee must submit an application
for obstruction lights and other private navigation aids for the (1) Flashing 50 to 70 times per minute;
particular construction site.
(2) Visible all around the horizon;
(c) At least 180 days before beginning cargo transfer operations
or changing the mooring facilities at the deepwater port, the (3) Visible for at least 2 miles (3.7 km) on a clear, dark night;
licensee must submit an application for private aids to navigation.
(4) Not less than 1 or more than 3.5 meters (3 to 11.5 feet) above
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by the water;
USCG-2013-0397, 78 FR 39179, July 1, 2013]
(5) Approximately equally spaced;
Lights
(6) Not more than 10 meters (32.8 feet) apart where the hose
149. 520 What kind of lights are required? string crosses a navigable channel; and
All deepwater ports must meet the general requirements for
obstruction lights in part 67 of this chapter. (7) Where the hose string does not cross a navigable channel,
there must be a sufficient number to clearly show the hose
Lights on Platforms string's length and course.

149.535 What are the requirements for rotating beacons on (b) Two red lights at each end of the hose string, including the
platforms? ends in a channel where the hose string is separated to allow
In addition to obstruction lights, the tallest platform of a deepwater vessels to pass, whether open or closed. The lights must be:
port must have a lit rotating beacon that distinguishes the
deepwater port from other surrounding offshore structures. The (1) Visible all around the horizon;
beacon must:
(2) Visible for at least 2 miles (3.7 km) on a clear, dark night; and
(a) Have an effective intensity of at least 15,000 candela;
(3) One meter (3 feet) apart in a vertical line with the lower light at
(b) Flash at least once every 20 seconds; the same height above the water as the flashing yellow light.

(c) Provide a white light signal; Lights on Buoys Used To Define Traffic Lanes
(d) Operate in wind speeds of up to 100 knots at a rotation rate 149.560 How must buoys used to define traffic lanes be
that is within 6 percent of the operating speed displayed on the marked and lighted?
beacon; (a) Each buoy that is used to define the lateral boundaries of a
traffic lane at a deepwater port must meet Sec. 62.25 of this
(e) Have one or more leveling indicators permanently attached to chapter.
the light, each with an accuracy of <PLUS-MINUS0.25 [deg] or
better; and (b) The buoy must have an omni-directional light located at least 8
feet above the water.
(f) Be located:
(c) The buoy light must be located so that the structure of the
(1) At least 60 feet (about 18.3 meters) above mean high water; buoy, or any other device mounted on the buoy, does not obstruct
the light in any direction
(2) Where the structure of the platform, or equipment mounted on
the platform, does not obstruct the light in any direction; and 149.565 What are the required characteristics and intensity
of lights onbuoys used to define traffic lanes?
(3) So that it is visible all around the horizon. (a) The buoy's light color that defines the lateral boundaries of a
traffic lane must comply with the buoy color schemes in Sec.
Lights on Single Point Moorings 62.25 of this chapter.

149.540 What are the requirements for obstruction lights on (b) The buoy light may be fixed or flashing. If it is flashing, it must
a single pointmooring? flash at intervals of not more than 6 seconds.
(a) The lights for a single point mooring must meet the
requirements for obstruction lights in part 67 of this chapter, (c) Buoy lights must have an effective intensity of at least 25
except that the lights must be located at least 10 feet (3 meters) candela.
above mean high water.
Miscellaneous
(b) A submerged turret loading (STL) deepwater port is not
required to meet the requirements for obstruction lights, provided 149.570 How is a platform, single point mooring, or
it maintains at least a five-foot (1.5 meters) clearance beneath the submerged turretloading identified?
net under keel clearance at the mean low water condition for all (a) Each platform, single point mooring, or submerged turret
vessels transiting the area. loading (STL) that protrudes above the water or is marked by a

310
buoy must display the name of the deepwater port and the name (c) The RACON must transmit:
or number identifying the structure, so that the information is
visible: (1) In both 2900-3100 MHz and 9300-9500 MHz frequency bands;
or
(1) From the water at all angles of approach to the structure; and
(2) If installed before July 8, 1991, in the 9320-9500 MHz
(2) From aircraft on approach to the structure if the structure is frequency band; and
equipped with a helicopter pad.
(3) Transmit a signal of at least 250 milliwatts radiated power that
(b) The information required in paragraph (a) of this section must is omni-directional and polarized in the horizontal plane;
be displayed in numbers and letters that are:
(4) Transmit a two-element or more Morse code character, the
(1) At least 12 inches high; length of which does not exceed 25 percent of the radar range
expected to be used by vessels operating in the area;
(2) In vertical block style; and
(5) If of the frequency agile type, be programmed so that it will
(3) Displayed against a contrasting background. respond at least 40 percent of the time, but not more than 90
percent of the time, with a response-time duration of at least 24
(c) If an STL protrudes from the water, it must be properly seconds; and
illuminated in accordance with 149.540 of this part.
(6) Be located at a minimum height of 15 feet above the highest
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by deck of the platform and where the structure of the platform, or
USCG-2013-0397, 78 FR 39179, July 1, 2013] equipment mounted on the platform, does not obstruct the signal
propagation in any direction.
149.575 How must objects protruding from the water, other
than platformsand single point moorings, be marked? 149.585 What are the requirements for sound signals?
(a) Each object protruding from the water that is within 100 yards (a) Each pumping platform complex must have a sound signal,
of a platform or single point mooring (SPM) must be marked with approved under subpart 67.10 of this chapter, that has a 2-mile
white reflective tape. (3-kilometer) range. A list of Coast Guard-approved sound signals
is available from any District Commander.
(b) Each object protruding from the water that is more than 100
yards from a platform or SPM must meet the obstruction lighting (b) Each sound signal must be:
requirements in this subpart for a platform.
(1) Located at least 10 feet, but not more than 150 feet, above
149.580 What are the requirements for a radar beacon? mean high water; and
(a) A radar beacon (RACON) must be located on the tallest
platform of a pumping platform complex or other fixed structure of (2) Located where the structure of the platform, or equipment
the deepwater port. mounted on it, does not obstruct the sound of the signal in any
direction.
(b) The RACON must be an FCC-accepted RACON or a similar
type.

311
PART 150-Deepwater Ports: Operations
Subpart A-General 150.445 When is oil in a Single Point Mooring-Oil Transfer
System displaced with water?
Sec.
150.1 What does this part do? Subpart F-Emergency and Specialty Equipment
150.5 Definitions.
150.10 What are the general requirements for operations 150.500 What does this subpart do?
manuals?
Maintenance and Repair
150.15 What must the operations manual include?
150.20 How many copies of the operations manual must be 150.501 How must emergency equipment be maintained and
given to the Coast Guard? repaired?
150.25 Amending the operations manual.
150.30 Proposing an amendment to the operations manual. Lifesaving Equipment (General)
150.35 How may an adjacent coastal State request an
amendment to the operations manual? 150.502 What are the maintenance and repair requirements for
150.40 Deviating from the operations manual. lifesaving equipment?
150.45 Emergency deviation from this subchapter or the
Launching Appliances
operations manual.
150.50 What are the requirements for a facility spill response 150.503 What are the time interval requirements for
plan? maintenance on survival craft falls?
150.504 When must the operator service and examine lifeboat
Subpart B-Inspections and rescue boat launching appliances?
150.505 When must the operator service and examine lifeboat
150.100 What are the requirements for inspecting deepwater
and rescue boat release gear?
ports?
150.105 What are the requirements for annual self-inspection? Inflatable Lifesaving Appliances
150.110 What are the notification requirements upon receipt of
classification society certifications? 150.506 When must the operator service inflatable lifesaving
appliances and marine evacuation systems?
Subpart C-Personnel 150.507 How must the operator service inflatable lifesaving
appliances?
150.200 Who must ensure that port personnel are qualified? 150.508 What are the maintenance and repair requirements for
150.205 What are the language requirements for port personnel? inflatable rescue boats?
150.210 What are the restrictions on serving in more than one
position? Operational Tests and Inspections (General)
150.225 What training and instruction are required?
150.509 How must emergency equipment be tested and
Subpart D-Vessel Navigation inspected?
150.510 How must tested emergency equipment be operated?
150.300 What does this subpart do? 150.511 What are the operational testing requirements for
150.305 How does this subpart apply to unmanned deepwater lifeboat and rescue boat release gear?
ports?
150.310 When is radar surveillance required? Frequency of Tests and Inspections
150.320 What advisories are given to tankers?
150.512 What occurs during the weekly tests and inspections?
150.325 What is the first notice required before a tanker enters
150.513 What occurs during the monthly tests and inspections?
the safety zone or area to be avoided?
150.514 What are the annual tests and inspections?
150.330 What is the second notice required before a tanker
enters the safety zone or area to be avoided? Weight Testing
150.340 What are the rules of navigation for tankers in the
safety zone or area to be avoided? 150.515 What are the requirements for weight testing of newly
150.345 How are support vessels cleared to move within the installed or relocated craft?
safety zone or area to be avoided? 150.516 What are the periodic requirements for weight testing?
150.350 What are the rules of navigation for support vessels in 150.517 How are weight tests supervised?
the safety zone or area to be avoided?
150.355 How are other vessels cleared to move within the safety Personal Safety Gear
zone?
150.518 What are the inspection requirements for work vests
150.380 Under what circumstances may vessels operate within
and immersion suits?
the safety zone or area to be avoided?
150.385 What is required in an emergency? Emergency Lighting and Power Systems
Subpart E-Cargo Transfer Operations 150.519 What are the requirements for emergency lighting and
power systems?
150.400 What does this subpart do?
150.405 How must a Cargo Transfer System be tested and Fire Extinguishing Equipment
inspected?
150.420 What actions must be taken when cargo transfer 150.520 When must fire extinguishing equipment be tested and
equipment is defective? inspected?
150.425 What are the requirements for transferring cargo? 150.521 What records are required?
150.430 What are the requirements for a declaration of
Miscellaneous Operations
inspection?
150.435 When are cargo transfers not allowed? 150.530 What may the fire main system be used for?
150.440 How may the Captain of the Port order suspension of 150.531 How many fire pumps must be kept ready for use at all
cargo transfers? times?

312
150.532 What are the requirements for connection and stowage 150.622 What are the warning sign requirements?
of fire hoses?
150.540 What are the restrictions on fueling aircraft? Confined Space Safety
150.550 What are the requirements for the muster list?
150.623 What are the requirements for protecting personnel
150.555 How must cranes be maintained?
from hazards associated with confined spaces?
Subpart G-Workplace Safety and Health Blood-Borne Pathogens
150.600 What does this subpart do? 150.624 What are the requirements for protecting personnel
from blood-borne pathogens?
Safety and Health (General)
Hazard Communication Program
150.601 What are the safety and health requirements for the
workplace on a deepwater port? 150.625 What must the hazard communication program contain?
150.602 What occupational awareness training is required? 150.626 What is the hazard communication program used for?
150.603 What emergency response training is required? 150.627 Must material safety data sheets be available to all
150.604 Who controls access to medical monitoring and personnel?
exposure records? 150.628 How must the operator label, tag, and mark a container
150.605 What are the procedures for reporting a possible of hazardous material?
workplace safety or health violation at a deepwater port?
150.606 After learning of a possible violation, what does the Subpart H-Aids to Navigation
Officer in Charge of Marine Inspection do?
150.700 What does this subpart do?
General Workplace Conditions 150.705 What are the requirements for maintaining and
inspecting aids to navigation?
150.607 What are the general safe working requirements?
150.710 What are the requirements for supplying power to aids
Personal Protective Equipment to navigation?
150.715 What are the requirements for lights used as aids to
150.608 Who is responsible for ensuring that the personnel use navigation?
or wear protective equipment and are trained in its use? 150.720 What are the requirements for sound signals?

Eyes and Face Subpart I-Reports and Records


150.609 When is eye and face protection required? 150.800 What does this subpart do?
150.610 Where must eyewash equipment be located?
Reports
Head
150.805 What reports must be sent both to a classification
150.611 What head protection is required? society and to the Coast Guard?
150.810 Reporting a problem with an aid to navigation.
Feet
150.812 What is the purpose of reporting casualties on
150.612 What footwear is required? deepwater ports?
150.815 How must casualties be reported?
Noise and Hearing Protection 150.820 When must a written report of casualty be submitted,
and what must it contain?
150.613 What are the requirements for a noise monitoring and 150.825 Reporting a diving-related casualty.
hearing protection survey? 150.830 Reporting a pollution incident.
150.835 Reporting sabotage or subversive activity.
Clothing
Records
150.614 When is protective clothing required?
150.840 What records must be kept?
Electrical
150.845 Personnel records.
150.615 What safe practices are required? 150.850 How long must a declaration of inspection form be kept?

Lockout/Tagout Subpart J-Safety Zones, No Anchoring Areas,


150.616 What are the requirements for lockout?
and Areas to Be Avoided
150.617 What are the requirements for tagout? 150.900 What does this subpart do?
150.905 Why are safety zones, no anchoring areas, and areas
Respiratory Protection
to be avoided established?
150.618 What are the requirements for respiratory protection? 150.910 What installations, structures, or activities are prohibited
in a safety zone?
Fall Arrest 150.915 How are safety zones, no anchoring areas, and areas
to be avoided established and modified?
150.619 What are the fall arrest system requirements? 150.920 How can I find notice of new or proposed safety zones?
150.925 How long may a safety zone, no anchoring area, or
Machine Guards
area to be avoided remain in place?
150.620 What are the requirements for protecting personnel 150.930 What datum is used for the geographic coordinates in
from machinery? this subpart?
150.940 Safety zones for specific deepwater ports.
Slings
Authority:33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6), (m)(2); 33
150.621 What are the requirements for slings? U.S.C. 1509(a); E.O. 12777, sec. 2; E.O. 13286, sec. 34, 68 FR
10619; Department of Homeland Security Delegation No.
Warning Signs
0170.1(70), (73), (75), (80).

313
Source:USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, unless (e) Facility plan. A layout plan for the mooring areas, navigation
otherwise noted. aids, cargo transfer locations, and control stations.

Editorial Note:Nomenclature changes to part 150 appear by (f) The hours of operation.
USCG-2010-0351, 75 FR 36284, June 25, 2010.
______________________________________________________________________ (g) The size, type, number, and simultaneous operations of
tankers that the deepwater port can handle.
Subpart A-General
(h) Calculations, with supporting data or other documentation, to
150.1 What does this part do?
show that the charted water depth at each proposed mooring
This part provides requirements for the operation of deepwater
location is sufficient to provide at least a net under keel clearance
ports.
of 5 feet, at the mean low water condition.
150.5 Definitions.
(i) Tanker navigation procedures. The procedures for tanker
See 148.5 of this chapter for the definition of certain terms used
navigation, including the information required in paragraphs (i)(1)
in this part.
through (i)(9) of this section.
150.10 What are the general requirements for operations
(1) The operating limits, maneuvering capability, draft, net under
manuals?
keel clearance, tonnage, length, and breadth of the tanker that will
(a) Each deepwater port must have an operations manual that
be accommodated at each designated mooring.
addresses policies and procedures for normal and emergency
operations conducted at the deepwater port. The operations
(2) The speed limits proposed for tankers in the safety zone and
manual must, at a minimum, include the requirements outlined in
area to be avoided around the deepwater port.
150.15 of this part.
(3) Any special navigation or communication equipment that may
(b) The operations manual is reviewed and approved by the
be required for operating in the safety zone and area to be
Commandant (CG-5P), who may consult with the local Sector
avoided.
Commander, or MSU Commander, with COTP and OCMI
authority, as meeting the requirements of the Act and this
(4) The measures for routing vessels, including a description of
subchapter. The original manual is approved as part of the
the radar navigation system to be used in operation of the
application process in part 148 of this chapter.
deepwater port:
(c) The Sector Commander, or MSU Commander, with COTP and
(i) Type of radar;
OCMI authority may approve subsequent changes to the
operations manual, provided the Commandant (CG-5P) is notified
(ii) Characteristics of the radar;
and consulted regarding any significant modifications.
(iii) Antenna location;
(d) The manual must be readily available on the deepwater port
for use by personnel.
(iv) Procedures for surveillance of vessels approaching,
departing, navigating, and transiting the safety zone and
(e) The licensee must ensure that all personnel are trained and
area to be avoided;
follow the procedures in the manual while at the deepwater port.
(v) Advisories to each tanker underway in the safety zone
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
regarding the vessel's position, deepwater port conditions,
USCG-2013-0397, 78 FR 39180, July 1, 2013]
and status of adjacent vessel traffic;
150.15 What must the operations manual include?
(vi) Notices that must be made, as outlined in 150.325 of this
The operations manual required by 150.10 of this part must
part, by the tanker master regarding the vessel's
identify the deepwater port and include the information required in
characteristics and status; and
this section.
(vii) Rules for navigating, mooring, and anchoring in a safety
(a) General information. A description of the geographic location
zone, area to be avoided, and anchorage area.
of the deepwater port.
(5) Any mooring equipment needed to make up to the single point
(b) A physical description of the deepwater port.
mooring (SPM).
(c) Engineering and construction information, including all defined
(6) The procedures for clearing tankers, support vessels, and
codes and standards used for the deepwater port structure and
other vessels and aircraft during emergency and routine
systems. The operator must include schematics of all applicable
conditions.
systems. Schematics must show the location of valves, gauges,
system working pressure, relief settings, monitoring systems, and
(7) Weather limits for tankers, including a detailed description of
other pertinent information.
how to forecast the wind, wave, and current conditions for:
(d) Communications system. A description of a comprehensive
(i) Shutdown of cargo transfer operations;
communications plan, including:
(ii) Departure of the tanker from the mooring;
(1) Dedicated frequencies;
(iii) Prohibition on mooring at the deepwater port or SPM; and
(2) Communication alerts and notices between the deepwater port
and arriving and departing vessels; and
(iv) Shutdown of all deepwater port operations and evacuation of
the deepwater port.
(3) Mandatory time intervals or communication schedules for
maintaining a live radio watch, and monitoring frequencies for
(8) Any special illumination requirements for vessel arrival,
communication with vessels and aircraft.
discharge, and departure operations.

314
(9) Any special watchstanding requirements for vessel transiting, (5) Minimum requirements for watch personnel on board the
mooring, or anchoring. vessel during transfer operations, such as personnel necessary
for checking mooring gear, monitoring communications, and
(j) Personnel. The duties, title, qualifications, and training of all maintaining propulsion and steering on standby.
deepwater port personnel responsible for managing and carrying
out the following deepwater port activities and functions: (6) The start up and completion of pumping.

(1) Vessel traffic management; (7) Emergency shutdown.

(2) Cargo transfer operations; (8) The maximum relief valve settings, the maximum available
working pressure, and hydraulic shock to the system without relief
(3) Safety and fire protection; valves, or both.

(4) Maintenance and repair operations; (9) Equipment necessary to discharge cargo to the port complex
without harm to the environment or to persons involved in the
(5) Emergency procedures; and cargo transfer, including piping, adapters, bolted flanges, and
quick-disconnect coupling.
(6) Deepwater Port security.
(10) A description of the method used to water and de-water the
(k) The personnel assigned to supervisory positions must be single point mooring hoses when required.
designated, in writing, by the licensee and have the appropriate
experience and training to satisfactorily perform their duties. The (m) Unusual arrangements that may be applicable, including:
Commandant (CG-5P) will review and approve the qualifications
for all proposed supervisory positions (1) A list and description of any extraordinary equipment or
assistance available to vessels with inadequate pumping capacity,
(l) Cargo transfer procedures. The procedures for cargo transfer small cargoes, small diameter piping, or inadequate crane
must comply with the applicable requirements of parts 154 and capacity; and
156 for oil, and subpart B (Operations) to part 127 for natural gas,
respectively, of this chapter, including the requirements specified (2) A description of special storage or delivery arrangements for
in paragraphs (l)(1) through (l)(10) of this section. unusual cargoes; for example, cool-down requirements for
transfer system components prior to transfer of liquefied natural
(1) The requirements for oil transfers in accordance with subpart gas.
A to part 156 of this chapter regarding:
(n) Maintenance procedures. A maintenance program to
(i) Pre-transfer conference; document service and repair of key equipment such as:

(ii) Inspection of transfer site and equipment such as hoses, (1) Cargo transfer equipment;
connectors, closure devices, monitoring devices, and containment;
(2) Firefighting and fire protection equipment;
(iii) Connecting and disconnecting transfer equipment, including a
floating hose string for a single point mooring (SPM); (3) Facility support services, such as generators, evaporators, etc.;

(iv) Preparation of the Declaration of Inspection; and (4) Safety equipment; and

(v) Supervision by a person in charge. (5) Cranes.

(2) The requirements for natural gas transfers in accordance with (o) A waste management plan comparable to 151.57 of this
subpart B to part 127 of this chapter regarding: chapter.

(i) Pre-transfer conference; (p) Occupational health and safety training procedures. Policy
and procedures to address occupational health and safety
(ii) Inspection of transfer site and equipment such as hoses, requirements outlined in 150.600 to 150.632 of this part,
connectors, closure devices, leak monitoring devices, and including:
containment;
(1) Employee training in safety and hazard awareness, and
(iii) Connecting and disconnecting of transfer equipment, including proper use of personnel protective equipment;
to a floating hose string for a SPM;
(2) Physical safety measures in the workplace, such as
(iv) Line purging to test for leaks and to prepare for cool-down or housekeeping and illumination of walking and working areas;
heat-up phases as appropriate;
(3) Fall arrest;
(v) Preparation of the Declaration of Inspection; and
(4) Personnel transfer nets;
(vi) Supervision by a deep water port person in charge.
(5) Hazard communication (right-to-know);
(3) The shipping name of, and Material Safety Data Sheet on, any
product transferred. (6) Permissible exposure limits;

(4) The duties, title, qualifications, and training of personnel of the (7) Machine guarding;
deepwater port designated as the person in charge and
responsible for managing cargo transfers, including ballasting (8) Electrical safety;
operations if applicable to the deepwater port, in accordance with
subpart D of part 154 for oil, and subpart B (Operations) of part (9) Lockout/tagout;
127 for natural gas, respectively, of this chapter.

315
(10) Crane safety; (v) Identification of at least one employee trained and certified at
the basic level as an emergency medical technician; and
(11) Sling usage;
(vi) Identification of at least two employees trained and certified as
(12) Hearing conservation; offshore competent persons in prevention of inadvertent entry into
hazardous confined spaces.
(13) Hot work;
(x) Security procedures. Deepwater port operators must develop
(14) Warning signs; a deepwater port security plan comparable to those required by
33 CFR part 106. The plan must address at least:
(15) Confined space safety; and
(1) Access controls for goods and materials and access controls
(16) Initial and periodic training and certification to be documented for personnel that require positive and verifiable identification;
for each deepwater port employee and for visitors, where
appropriate; for example, safety orientation training. (2) Monitoring and alerting of vessels that approach or enter the
deepwater port's security zone;
(q) Emergency notification procedures. Emergency internal and
external notification procedures: (3) Risk identification and procedures for detecting and deterring
terrorist or subversive activity, such as security lighting and
(1) Names and numbers of key deepwater port personnel; remotely alarmed restricted areas;

(2) Names and numbers of law enforcement and response (4) Internal and external notification and response requirements in
agencies; the event of a perceived threat or an attack on the deepwater port;

(3) Names and numbers of persons in charge of any Outer (5) Designation of the deepwater port security officer;
Continental Shelf facility that, due to close proximity, could be
affected by an incident at the deepwater port. (6) Required security training and drills for all personnel; and

(r) Quantity, type, location, and use of safety and fire protection (7) The scalability of actions and procedures for the various levels
equipment, including the fire plan. of threat.

(s) Aerial operations such as helicopter landing pad procedures. (y) Special operations procedures. Include procedures for any
special operations, such as:
(t) Deepwater Port response procedures for:
(1) Evacuation and re-manning;
(1) Fire;
(2) Refueling;
(2) Reportable product spill;
(3) Diving;
(3) Personnel injury, including confined space rescue; and
(4) Support vessel operations;
(4) Terrorist activity, as described in the deepwater port security
plan. (5) Providing logistical services; and

(u) Emergency evacuation procedures comparable to 146.140(d) (6) Contingency response for events that could affect nearby
of this chapter. existing Outer Continental Shelf oil and gas facilities, such as
explosions, fires, or product spills.
(v) Designation of and assignment of deepwater port personnel to
response teams for specific contingencies. (z) Recordkeeping of maintenance procedures, tests, and
emergency drills outlined elsewhere in the operations manual.
(w) Individual and team training for incident response, in
accordance with 46 CFR 109.213, to cover: (aa) Environmental procedures. A program for maintaining
compliance with license conditions and applicable environmental
(1) Care and use of equipment; laws, by periodic monitoring of the environmental effects of the
port and its operations, including:
(2) Emergency drills and response, to include:
(1) Air and water monitoring in accordance with applicable
(i) Type; Federal and State law;

(ii) Frequency, which must be at least annually; and . (2) A routine re-examination, not less than once every 5 years, of
the physical, chemical, and biological factors contained in the
(iii) Documentation, including records, reports and dissemination deepwater port's environmental impact analysis and baseline
of "lessons learned". study submitted with the license application; and

(3) Documentation of the following minimum training requirements (3) A risk management plan, addressing the potential for an
for response team members: uncontrolled release; or provision for more detailed studies
following any uncontrolled release or other unusual event that
(i) Marine firefighting training; adversely affects the environment.

(ii) First aid/CPR; [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by


USCG-2013-0397, 78 FR 39180, July 1, 2013]
(iii) Water survival;
150.20 How many copies of the operations manual must be
(iv) Spill response and clean up; given to the Coast Guard?

316
The draft operations manual must be included with the application, COTP and OCMI authority must include the reasons for
and the number of copies is governed by 148.115 of this chapter. disapproval in the notice. If the request is for an immediate
At least five copies of the final operations manual, and of any amendment, the Sector Commander, or MSU Commander, with
subsequent amendment, must be submitted to the Commandant COTP and OCMI authority must respond as soon as possible.
(CG-5P). Additional copies may be required to meet the needs of
other agencies. [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39181, July 1, 2013]
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39181, July 1, 2013] 150.35How may an Adjacent Coastal State request an
amendment to the deepwater port operations manual?
150.25 Amending the operations manual. (a) An Adjacent Coastal State connected by pipeline to the
(a) Whenever the cognizant Sector Commander, or MSU deepwater port may petition the cognizant Sector Commander, or
Commander, with COTP and OCMI authority finds that the MSU Commander, with COTP and OCMI authority to amend the
operations manual does not meet the requirements of this part, operations manual. The petition must include sufficient
the COTP notifies the licensee, in writing, of the inadequacies in information to allow the Sector Commander, or MSU Commander,
the manual. with COTP and OCMI authority to reach a decision concerning
the proposed amendment.
(b) Within 45 days after the notice under paragraph (a) of this
section is sent, the licensee must submit written proposed (b) After the Sector Commander, or MSU Commander, with
amendments to eliminate the inadequacies. COTP and OCMI authority receives a petition, the Sector
Commander, or MSU Commander, with COTP and OCMI
(c) The cognizant Sector Commander, or MSU Commander, with authority requests comments from the licensee.
COTP and OCMI authority reviews the amendments and makes a
determination as to the adequacy of the amendments and notifies (c) After reviewing the petition and comments, and considering
the licensee of the determination. the costs and benefits involved, the Sector Commander, or MSU
Commander, with COTP and OCMI authority may approve the
(d) If the Sector Commander, or MSU Commander, with COTP petition if the proposed amendment will provide equivalent or
and OCMI authority decides that an amendment is necessary, the improved protection and safety. The Adjacent Coastal State may
amendment goes into effect 60 days after the Sector Commander, petition the Commandant (CG-5P) to review the decision.
or MSU Commander, with COTP and OCMI authority notifies the Petitions must be made in writing and presented to the Sector
licensee of the amendment. Commander, or MSU Commander, with COTP and OCMI
authority for forwarding to the Commandant (CG-5P) via the
(e) The licensee may petition the Commandant (CG-5), via the District Commander.
appropriate district office, to review the decision of the Sector
Commander, or MSU Commander, with COTP and OCMI [USCG-2013-0397, 78 FR 39181, July 1, 2013]
authority. In this case, the effective date of the amendment is
delayed pending the Commandant's decision. Petitions must be 150.40 Deviating from the operations manual.
made in writing and presented to the Sector Commander, or MSU If, because of a particular situation, the licensee needs to deviate
Commander, with COTP and OCMI authority to forward to the from the operations manual, the licensee must submit a written
Commandant (CG-5). request to the Captain of the Port (COTP) explaining why the
deviation is necessary and what alternative is proposed. If the
(f) If the Sector Commander, or MSU Commander, with COTP COTP determines that the deviation would ensure equivalent or
and OCMI authority finds that a particular situation requires greater protection and safety, the COTP authorizes the deviation
immediate action to prevent a spill or discharge, or to protect the and notifies the licensee in writing.
safety of life and property, he or she may issue an amendment
effective on the date that the licensee receives it. The Sector 150.45 Emergency deviation from this subchapter or the
Commander, or MSU Commander, with COTP and OCMI operations manual.
authority must include a brief statement of the reasons for the In an emergency, any person may deviate from any requirement
immediate amendment. The licensee may petition the District in this subchapter, or any procedure in the operations manual, to
Commander for review, but the petition does not delay the ensure the safety of life, property, or the environment. Each
effective date of the amendment. deviation must be reported to the Sector Commander, or MSU
Commander, with COTP and OCMI authority at the earliest
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by possible time.
USCG-2013-0397, 78 FR 39181, July 1, 2013]
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
150.30 Proposing an amendment to the operations manual. USCG-2013-0397, 78 FR 39181, July 1, 2013]
(a) The licensee may propose an amendment to the operations
manual: 150.50 What are the requirements for a facility spill
response plan?
(1) By submitting to the Sector Commander, or MSU Commander, (a) Each deepwater port which meets the applicability
with COTP and OCMI authority, in writing, the amendment and requirements of part 154 subpart F of this chapter must have a
reasons for the amendments not less than 30 days before the facility response plan that is approved by the Sector Commander,
requested effective date of the amendment; or or MSU Commander, with COTP and OCMI authority.

(2) If the amendment is needed immediately, by submitting the (b) Each natural gas deepwater port must have a natural gas
amendment, and reasons why the amendment is needed facility emergency plan that meets part 127, subpart B of this
immediately, to the Sector Commander, or MSU Commander, chapter.
with COTP and OCMI authority in writing.
(c) The response plan must be submitted to the Sector
(b) The Sector Commander, or MSU Commander, with COTP and Commander, or MSU Commander, with COTP and OCMI
OCMI authority must respond to a proposed amendment by authority, in writing, not less than 60 days before the deepwater
notifying the licensee, in writing, before the requested date of the port begins operation.
amendment whether the request is approved. If the request is
disapproved, the Sector Commander, or MSU Commander, with [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by

317
USCG-2013-0397, 78 FR 39181, July 1, 2013] 150.210 What are the restrictions on serving in more than
one position?
Subpart B-Inspections No person may serve in more than one of the essential
management positions outlined in the operations manual at any
150.100 What are the requirements for inspecting deepwater one time.
ports?
Under the direction of the Sector Commander, or MSU 150.225 What training and instruction are required?
Commander, with COTP and OCMI authority, marine inspectors Personnel must receive training and instruction commensurate
may inspect deepwater ports to determine whether the with the position they hold. Procedures for documenting employee
requirements of this subchapter are met. A marine inspector may training must be outlined in the operations manual.
conduct an inspection, with or without advance notice, at any time
the Sector Commander, or MSU Commander. Subpart D-Vessel Navigation
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by 150.300 What does this subpart do?
USCG-2013-0397, 78 FR 39182, July 1, 2013] This subpart supplements the International Regulations for
Prevention of Collisions at Sea, 1972 (72 COLREGS) described
150.105 What are the requirements for annual self- in subchapter D of this chapter, and prescribes requirements that:
inspection?
(a) The owner or operator of each manned deepwater port must (a) Apply to the navigation of all vessels at or near a
ensure that the deepwater port is regularly inspected to determine deepwaterport; and
whether the facility is in compliance with the requirements of this
subchapter. The inspection must be at intervals of no more than (b) Apply to all vessels while in a safety zone, area to be avoided,
12 months. The inspection may be conducted up to 2 months or no anchoring area.
after its due date, but will be valid for only the 12 months following
that due date. 150.305 How does this subpart apply to unmanned
deepwater ports?
(b) The owner or operator must record and submit the results of The master of any tanker calling at an unmanned deepwater port
the annual self-inspection to the Sector Commander, or MSU is responsible for the safe navigation of the vessel to and from the
Commander, with COTP and OCMI authority within 30 days of deepwater port, and for the required notifications in 150.325 of
completing the inspection. The report must include a description this part. Once the tanker is connected to the unmanned
of any failure, and the scope of repairs made to components or deepwater port, the master must maintain radar surveillance in
equipment, in accordance with the requirements in subpart I of compliance with the requirements of 150.310 of this part.
this part, other than primary lifesaving, firefighting, or transfer
equipment, which are inspected and repaired in accordance with [USCG-2013-0397, 78 FR 39182, July 1, 2013]
subpart F.
150.310 When is radar surveillance required?
(c) Prior to the initiation of a self-inspection plan, and before A manned deepwater port's person in charge of vessel operations
commencement of operations, the owner or operator must submit must maintain radar surveillance of the safety zone or area to be
a proposal describing the self-inspection plan to the Sector avoided when:
Commander, or MSU Commander, with COTP and OCMI
authority for acceptance. The plan must address all applicable (a) A tanker is proceeding to the safety zone after submitting the
requirements outlined in parts 149 and 150 of this subchapter. report required in 150.325 in this part;

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by (b) A tanker or support vessel is underway in the safety zone or
USCG-2013-0397, 78 FR 39182, July 1, 2013] area to be avoided;

150.110 What are the notification requirements upon receipt (c) A vessel other than a tanker or support vessel is about to enter
of classification society certifications? or is underway in the safety zone or area to be avoided; or
The licensee must notify the Sector Commander, or MSU
Commander, with COTP and OCMI duties, in writing, upon receipt (d) As described in the deepwater port security plan.
of a classification society certification, interim class certificate, or
single point mooring classification certificate. [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39182, July 1, 2013]
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39182, July 1, 2013] 150.320 What advisories are given to tankers?
A manned deepwater port's person in charge of vessel operations
Subpart C-Personnel must advise the master of each tanker underway in the safety
zone or area to be avoided of the following:
150.200 Who must ensure that deepwater port personnel are
qualified?
(a) At intervals not exceeding 10 minutes, the vessel's position by
The licensee must ensure that the individual filling a position
range and bearing from the pumping platform complex; and
meets the qualifications for that position as outlined in the
operations manual.
(b) The position and the estimated course and speed, if moving,
of all other vessels that may interfere with the movement of the
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
tanker within the safety zone or area to be avoided.
USCG-2013-0397, 78 FR 39182, July 1, 2013]
150.325 What is the first notice required before a tanker
150.205 What are the language requirements for deepwater enters the safety zone or area to be avoided?
port personnel? (a) The owner, master, agent, or person in charge of a tanker
Only persons who read, write, and speak English may occupy the bound for a manned deepwater port must comply with the notice
essential management positions outlined in the operations of arrival requirements in subpart C of part 160 of this chapter.
manual.
(b) The owner, master, agent, or person in charge of a tanker
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by bound for a manned deepwater port must report the pertinent
USCG-2013-0397, 78 FR 39182, July 1, 2013]

318
information required in 150.15(i)(4)(vi) of this part for the vessel, (c) A tanker may not enter a safety zone or area to be avoided in
including: which another tanker is present, unless it has been cleared by the
person in charge of the port and no other tankers are underway.
(1) The name, gross tonnage, and draft of the tanker;
(d) A tanker must not operate, anchor, or moor in any area of the
(2) The type and amount of cargo in the tanker; safety zone or area to be avoided in which the net under keel
clearance would be less than 5 feet.
(3) The location of the tanker at the time of the report;
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
(4) Any conditions on the tanker that may impair its navigation, USCG-2013-0397, 78 FR 39182, July 1, 2013]
such as fire, or malfunctioning propulsion, steering, navigational,
or radiotelephone equipment. The testing requirements in 150.345 How are support vessels cleared to move within the
164.25 of this chapter are applicable to vessels arriving at a safety zone or area to be avoided?
deepwater port; All movements of support vessels within a manned deepwater
port's safety zone or area to be avoided must be cleared in
(5) Any leaks, structural damage, or machinery malfunctions that advance by the port's person in charge of vessel operations.
may impair cargo transfer operations or cause a product
discharge; and 150.350 What are the rules of navigation for support vessels
in the safety zone or area to be avoided?
(6) The operational condition of the equipment listed under A support vessel must not anchor in the safety zone or area to be
164.35 of this chapter on the tanker. avoided, except:

(c) If the estimated time of arrival changes by more than 6 hours (a) In an anchorage area; or
from the last reported time, the National Vessel Movement Center
(NVMC) and the port's person in charge of vessel operations (b) For vessel maintenance, which, in the case of a manned
must be notified of the correction as soon as the change is known. deepwater port, must be cleared by the port's person in charge of
vessel operations.
(d) If the information reported in paragraphs (b)(4) or (b)(5) of this
150.355 How are other vessels cleared to move within the
section changes at any time before the tanker enters the safety
safety zone?
zone or area to be avoided at the deepwater port, or while the
(a) Clearance by a manned deepwater port's person in charge of
tanker is in the safety zone or area to be avoided, the master of
vessel operations is required before a vessel, other than a tanker
the tanker must report the changes to the NVMC and port's
or support vessel, enters the safety zone.
person in charge of vessel operations as soon as possible.
(b) The port's person in charge of vessel operations may clear a
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by vessel under paragraph (a) of this section only if its entry into the
USCG-2013-0397, 78 FR 39182, July 1, 2013] safety zone would not:

150.330 What is the second notice required before a tanker (1) Interfere with the purpose of the deepwater port;
enters the safety zone or area to be avoided?
When a tanker bound for a manned deepwater port is 20 miles (2) Endanger the safety of life, property, or environment; or
from entering the port's safety zone or area to be avoided, the
master of the tanker must notify the port's person in charge of (3) Be prohibited by regulation.
vessel operations of the tanker's name and location.
(c) At an unmanned deepwater port, such as a submerged turret
150.340 What are the rules of navigation for tankers in the landing (STL) system, paragraphs (a) and (b) of this section apply
safety zone or area to be avoided? once a tanker connects to the STL buoy.
(a) A tanker must enter or depart the port's safety zone or area to
be avoided in accordance with the navigation procedures in the 150.380 Under what circumstances may vessels operate
port's approved operations manual as described in 150.15(i) of within the safety zone or area to be avoided?
this part. (a) Table 150.380(a) of this section lists both the areas within a
safety zone where a vessel may operate and the clearance
(b) A tanker must not anchor in the safety zone or area to be needed for that location.
avoided, except in a designated anchorage area.
Areas to be avoided Other areas within and adjacent
Safety around each deepwater Anchorage to the safety Zone (e.g., no
Regulated activities zone Port component1 areas anchoring area)
Tankers calling at port. C C C C
Support vessel movements C C C C
Transit by vessels other than tankers or support vessels. F D P P
Mooring to surface components (for example an SPM) by
vessels other than tankers or support vessels. N N N N
Anchoring by vessels other than tankers/ support vessels. N F C F
Fishing, including bottom trawl (shrimping)... N D P N
Mobile drilling operations or erection of Structures 2 N R N N
Lightering/transshipment N N N N
1
Areas to be avoided are in subpart J of this part.
2
Not part of Port Installation.
Key to regulated activities for Table 150.380(a):
C--Movement of the vessel is permitted when cleared by the person in charge of vessel operations.
D--Movement is not restricted, but recommended transit speed not to exceed 10 knots. Communication with the person in charge of vessel operations.
F--Only in an emergency. Anchoring will be avoided in a no anchoring area except in the case of immediate danger to the ship or persons on board.
N--Not permitted.
P--Transit is permitted when the vessel is not in the immediate area of a tanker, and when cleared by the vessel traffic supervisor.
R--Permitted only if determined that operation does not create unacceptable risk to personnel safety and security and operation. For transiting foreign-flag vessels,
the requirement for clearance to enter the area to be avoided and no anchoring area is advisory in nature, but mandatory for an anchorage area established within
12 nautical miles

319
(b) If the activity is not listed in table 150.380(a) of this section, or (a) The piece of equipment must be replaced or repaired before
otherwise provided for in this subpart, the Sector Commander's, making any further cargo transfers; and
or MSU Commander's, with COTP and OCMI authority
permission is required before operating in the safety zone or (b) The repaired or replaced piece must meet or exceed its
regulated navigation area. original specifications. Repairs must be conducted in accordance
with the port's maintenance program outlined in the operations
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by manual, and that program must provide for the repair of natural
USCG-2013-0397, 78 FR 39182, July 1, 2013] gas transfer hoses in accordance with 127.405 of this chapter.

150.385 What is required in an emergency? 150.425 What are the requirements for transferring cargo?
In an emergency, for the protection of life or property, a vessel Cargo transfer procedures must be outlined in the deepwater port
may deviate from a vessel movement requirement in this subpart operations manual and must provide:
without clearance from a manned deepwater port's person in
charge of vessel operations if the master advises the port person (a) Oil transfer procedures that accord with 156.120 of this
in charge of the reasons for the deviation at the earliest possible chapter; and
moment.
(b) Natural gas transfer procedures that accord with 127.315,
Subpart E-Cargo Transfer Operations 127.317 and 127.319 of this chapter.

150.400 What does this subpart do? [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
This subpart prescribes rules that apply to the transfer of oil or USCG-2013-0397, 78 FR 39182, July 1, 2013]
natural gas at a deepwater port.
150.430 What are the requirements for a declaration of
150.405 How must a cargo transfer system be tested and inspection?
inspected? (a) No person may transfer cargo from a tanker to a manned
(a) No person may transfer oil or natural gas through a cargo deepwater port unless a declaration of inspection complying with
transfer system (CTS) at a deepwater port unless it has been 156.150(c) for oil, or 127.317 for natural gas, of this chapter
inspected and tested according to this section. has been filled out and signed by the vessel's officer in charge of
cargo transfer and the person in charge (PIC) of cargo transfer for
(b) The single point mooring (SPM)-CTS must be maintained as the deepwater port.
required by the design standards used to comply with 149.650 of
this chapter. (b) Before signing a declaration of inspection, the vessel's officer
in charge of cargo transfer must inspect the tanker, and the PIC of
(c) If the manufacturer's maximum pressure rating for any cargo cargo transfer for the deepwater port must inspect the deepwater
transfer hose in a SPM-CTS has been exceeded, unless it was port. They must indicate, by initialing each item on the declaration
exceeded for testing required by this section, the hose must be: of inspection form, that the tanker and deepwater port comply with
156.150 for oil, or 127.317 for natural gas, of this chapter.
(1) Removed;
150.435 When are cargo transfers not allowed?
(2) Hydrostatically tested to 1.5 times its maximum working No person may transfer cargo at a deepwater port:
pressure for oil, or 1.1 times its maximum working pressure for
natural gas; and (a) When the person in charge (PIC) of cargo transfer is not on
duty at the deepwater port;
(3) Visually examined externally and internally for evidence of:
(b) During an electrical storm in the deepwater port's vicinity;
(i) Leakage;
(c) During a fire at the port, at the onshore receiving terminal, or
(ii) Loose covers; aboard a vessel berthed at the port, unless the PIC of cargo
transfer determines that a cargo transfer should be resumed as a
(iii) Kinks; safety measure;

(iv) Bulges; (d) When a leak develops so that a sufficient quantity of product
accumulates in the cargo containment underneath the manifold or
(v) Soft spots; and piping;

(vi) Gouges, cuts, or slashes that penetrate the hose (e) When there are not enough personnel nor equipment at the
reinforcement. port dedicated to contain and remove the discharge or perform
the emergency response functions as required in the port's
(d) Each submarine hose used in cargo transfer operations in an response plan under part 154 for oil, or emergency plan under
SPM-CTS must have been removed from its coupling, surfaced, part 127 for natural gas, of this chapter;
and examined as described in paragraphs (c)(2) and (c)(3) of this
section, within the preceding 2 years for oil, or 15 months for (f) Whenever the emergency shutdown system should have
natural gas; and activated but failed to;

(e) Before resuming cargo transfer operations, each submarine (g) By lighterage, except in bunkering operations, unless
hose in an SPM-CTS must be visually examined in place as otherwise authorized by the Sector Commander's, or MSU
described in paragraph (c)(3) of this section after cargo transfer Commander's, with COTP and OCMI authority;
operations are shut down due to sea conditions at the deepwater
port. (h) When the weather at the port does not meet the minimum
operating conditions for cargo transfers as defined in the port's
150.420 What actions must be taken when cargo transfer operations manual; or
equipment is defective?
When any piece of equipment involved in oil or natural gas (i) When prescribed by the deepwater port security plan under
transfer equipment is defective: heightened security conditions at the deepwater port or its

320
adjacent areas, or on vessels calling on or serving the deepwater Lifesaving Equipment (General)
port.
150.502 What are the maintenance and repair requirements
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by for lifesaving equipment?
USCG-2013-0397, 78 FR 39182, July 1, 2013] (a) Each deepwater port must have on board, or in the operator's
principal office in the case of an unmanned port, the
150.440 How may the Sector Commander, or MSU manufacturer's instructions for performing onboard maintenance
Commander, with COTP and OCMI authority order and repair of the port's lifesaving equipment. The instructions
suspension of cargo transfers? must include the following for each item of equipment, as
(a) In case of emergency, the Sector Commander, or MSU applicable:
Commander, with COTP and OCMI authority may order the
suspension of cargo transfers at a deepwater port to prevent the (1) Instructions for maintenance and repair;
discharge, or threat of discharge, of oil or natural gas, or to
protect the safety of life and property. (2) A checklist for use when carrying out the monthly inspections
required under 150.513 of this part;
(b) An order of suspension may be made effective immediately.
(3) A schedule of periodic maintenance;
(c) The order of suspension must state the reasons for the
suspension. (4) A diagram of lubrication points with the recommended
lubricants;
(d) The licensee may petition the District Commander to
reconsider the order of suspension. The petition must be in writing, (5) A list of replaceable parts;
unless the order of suspension takes effect immediately, in which
case the petition may be made by any means, but the petition (6) A list of spare parts sources; and
does not delay the effective date of the suspension. The decision
of the District Commander is considered a final agency action. (7) A log for records of inspections and maintenance.

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by (b) In lieu of the manufacturer's instructions required under
USCG-2013-0397, 78 FR 39182, July 1, 2013] paragraph (a) of this section, the deepwater port may have its
own onboard planned maintenance program for maintenance and
150.445 When is oil in a single point mooring-oil transfer repair that is equivalent to the procedures recommended by the
system (SPM-OTS) displaced with water? equipment manufacturer.
(a) The oil in an SPM-OTS must be displaced with water, and the
valve at the pipeline end manifold must be closed whenever: (c) The deepwater port must designate a person in charge of
ensuring that maintenance and repair is carried out in accordance
(1) A storm warning forecasts weather conditions that will exceed with the instructions required in paragraph (a) of this section.
the design operating criteria listed in the operations manual for
the SPM-OTS; (d) If deficiencies in the maintenance or condition of lifesaving
equipment are identified, the Sector Commander's, or MSU
(2) A vessel is about to depart the SPM because of storm Commander's, with COTP and OCMI authority may review the
conditions; or instructions under paragraph (a) of this section and require
appropriate changes to the instructions or operations to provide
(3) The SPM is not scheduled for use in an oil transfer operation for adequate maintenance and readiness of the equipment.
within the next 7 days.
(e) When lifeboats, rescue boats, and liferafts are not fully
(b) The requirement in paragraph (a) of this section is waived if operational because of ongoing maintenance or repairs, there
port officials can demonstrate to the Sector Commander's, or must be a sufficient number of fully operational lifeboats and
MSU Commander's, with COTP and OCMI authority that a liferafts available for use to accommodate all persons on the
satisfactory alternative means of safely securing all cargo transfer deepwater port.
hoses can be implemented in the event of severe weather
conditions. (f) Except in an emergency, repairs or alterations affecting the
performance of lifesaving equipment must not be made without
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by notifying the Sector Commander's, or MSU Commander's, with
USCG-2013-0397, 78 FR 39182, July 1, 2013] COTP and OCMI authority in advance. The person in charge
must report emergency repairs or alterations to lifesaving
Subpart F-Emergency and Specialty Equipment equipment to the Sector Commander's, or MSU Commander's,
with COTP and OCMI authority, as soon as practicable.
150.500 What does this subpart do?
This subpart concerns requirements for maintenance, repair, and (g) The person in charge must ensure that spare parts and repair
operational testing of emergency and specialty equipment at a equipment are provided for each lifesaving appliance and
deepwater port. component subject to excessive wear or consumption.

Maintenance and Repair [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by


USCG-2013-0397, 78 FR 39182, July 1, 2013]
150.501 How must emergency equipment be maintained and
repaired? Launching Appliances
All lifesaving, firefighting, and other emergency equipment at a
deepwater port, including additional equipment not required to be 150.503 What are the time interval requirements for
on board the deepwater port, must be maintained in good working maintenance on survival craft falls?
order and repaired according to the deepwater port's planned (a) Each fall used in a launching device for survival craft or rescue
maintenance program and the requirements outlined in this boats must be turned end-for-end at intervals of not more than 30
subpart. months.

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by (b) Each fall must be replaced by a new fall when deteriorated, or
USCG-2013-0397, 78 FR 39182, July 1, 2013] at intervals of not more than 5 years, whichever is earlier.

321
(c) A fall that cannot be turned end-for-end under paragraph (a) of All lifesaving, firefighting, and other emergency equipment at a
this section must be carefully inspected between 24 and 30 deepwater port must be tested and inspected under this subpart.
months after its installation. If the inspection shows that the fall is
faultless, the fall may be continued in service up to 4 years after 150.510 How must tested emergency equipment be
its installation. It must be replaced by a new fall 4 years after operated?
installation. The equipment must be operated under the operating instructions
of the equipment's manufacturer when tests or inspections
150.504 When must the operator service and examine include operational testing of emergency equipment.
lifeboat and rescue boat launching appliances?
(a) The operator must service launching appliances for lifeboats 150.511 What are the operational testing requirements for
and rescue boats at intervals recommended in the manufacturer's lifeboat and rescue boat release gear?
instructions under 150.502(a), or according to the deepwater (a) Lifeboat and rescue boat release gear must be operationally
port's planned maintenance program under 150.502(b). tested under a load of 1.1 times the total mass of the lifeboat or
rescue boat when loaded with its full complement of persons and
(b) The operator must thoroughly examine launching appliances equipment.
for lifeboats and rescue boats at intervals of not more than 5
years. Upon completion of the examination, the operator must (b) The test must be conducted whenever the lifeboat, rescue
subject the winch brakes of the launching appliance to a dynamic boat, or its release gear is overhauled, or at least once every 5
test. years.

150.505 When must the operator service and examine (c) The Sector Commander, or MSU Commander, with COTP and
lifeboat and rescue boat release gear? OCMI authority may consider alternate operational test
(a) The operator must service lifeboat and rescue boat release procedures to those under paragraph (a) of this section.
gear at intervals recommended in the manufacturer's instructions
under 150.502(a), or according to the deepwater port's planned [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
maintenance program under 150.502(b). USCG-2013-0397, 78 FR 39182, July 1, 2013]

(b) The operator must subject lifeboat and rescue boat release Frequency of Tests and Inspections
gear to a thorough examination at each annual self-certification
150.512 What occurs during the weekly tests and
inspection by personnel trained in examining the gear.
inspections?
Inflatable Lifesaving Appliances The required weekly tests and inspections of lifesaving equipment
are as follows:
150.506 When must the operator service inflatable lifesaving
appliances and marine evacuation systems? (a) The operator must visually inspect each survival craft, rescue
(a) The operator must service each inflatable lifejacket, hybrid boat, and launching device to ensure its readiness for use;
inflatable lifejacket, and marine evacuation system at 1-year
intervals after its initial packing. The operator may delay the (b) The operator must test the general alarm system; and
servicing for up to 5 months to meet the next scheduled
inspection of the deepwater port. (c) The operator must test for readiness of the engine, starting
device, and communications equipment of each lifeboat and
(b) The operator must service each inflatable liferaft no later than rescue boat according to the manufacturer's instructions.
the month and year on its servicing sticker under 46 CFR
160.151-57(m)(3)(ii), except that the operator may delay servicing 150.513 What occurs during the monthly tests and
by up to 5 months to meet the next scheduled inspection of the inspections?
deepwater port. The operator must also service each inflatable (a) The operator must inspect each item of lifesaving equipment
liferaft: under 150.502(b) of this subpart monthly, to ensure that the
equipment is complete and in good order. The operator must
(1) Whenever the container of the raft is damaged; or keep on the deepwater port, or in the operator's principal office in
the case of an unmanned deepwater port, a report of the
(2) Whenever the container straps or seals are broken. inspection that includes a statement as to the condition of the
equipment, and make the report available for review by the Coast
150.507 How must the operator service inflatable lifesaving Guard.
appliances?
(a) The operator must service each inflatable liferaft according to (b) The operator must test, on a monthly basis, each emergency
46 CFR subpart 160.151. position indicating radio beacon (EPIRB) and each search and
rescue transponder (SART), other than an EPIRB or SART in an
(b) The operator must service each inflatable lifejacket according inflatable liferaft. The operator must test the EPIRB using the
to 46 CFR subpart 160.176. integrated test circuit and output indicator to determine whether
the EPIRB is operational.
(c) The operator must service each hybrid inflatable lifejacket
according to the owner's manual and the procedures in 46 CFR 150.514 What are the annual tests and inspections?
subpart 160.077. At least annually, the operator must:

150.508 What are the maintenance and repair requirements (a) Strip, clean, thoroughly inspect, and, if needed, repair each
for inflatable rescue boats? lifeboat, rescue boat, and liferaft. At that time, the operator must
The operator must perform the maintenance and repair of also empty, clean, and refill each fuel tank with fresh fuel;
inflatable rescue boats according to the manufacturer's
instructions. (b) Thoroughly inspect and, if needed, repair each davit, winch,
fall, and other launching device;
Operational Tests and Inspections (General)
(c) Check all lifesaving equipment and replace any item that is
150.509 How must emergency equipment be tested and
marked with an expiration date that has passed;
inspected?

322
(d) Check all lifesaving equipment batteries and replace any lighting and power systems at least once every 6 months to
battery that is marked with an expiration date that has passed; demonstrate the ability of the batteries to supply the emergency
and loads for an 8-hour period. The operator must follow the
manufacturer's instructions in performing the battery test to
(e) Replace any battery that is not marked with an expiration date ensure the batteries are not damaged during testing.
if that battery is used in an item of lifesaving equipment, except
for a storage battery used in a lifeboat or rescue boat. Fire Extinguishing Equipment

150.520 When must fire extinguishing equipment be tested


(f) The requirements in this section do not relieve the person in
and inspected?
charge of the requirement to keep the equipment ready for
The operations manual must specify how and when the operator
immediate use.
will test and inspect each portable fire extinguisher, semi-portable
Weight Testing fire extinguisher, and fixed fire extinguishing system. These
specifications must accord with 46 CFR 31.10-18.
150.515 What are the requirements for weight testing of
newly installed or relocated craft? 150.521 What records are required?
(a) The operator must perform installation weight testing, using (a) The operator must maintain a record of each test and
the procedure outlined in 46 CFR 199.45(a)(1) on each new inspection under 150.520 of this part on the deepwater port, or in
lifeboat, rescue boat, and davit-launched liferaft system. the operator's principal office in the case of an unmanned
deepwater port, for at least 2 years.
(b) The operator must conduct installation weight tests, according
to paragraph (a) of this section, when survival crafts are relocated (b) The record must show:
to another deepwater port.
(1) The date of each test and inspection;
150.516 What are the periodic requirements for weight
testing? (2) The number or other identification of each fire extinguisher or
The operator must weight test, using the procedure outlined in 46 system tested or inspected; and
CFR 199.45(a)(1), each lifeboat, davit-launched liferaft, and
rescue boat every time a fall is replaced or turned end-for-end. (3) The name of the person who conducted the test or inspection
and the name of the company that person represents.
150.517 How are weight tests supervised?
(a) The installation and periodic tests required by 150.515 and [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
150.516 of this subpart must be supervised by a person familiar USCG-2013-0397, 78 FR 39182, July 1, 2013]
with lifeboats, davit-launched liferafts, rescue boats, and with the
test procedures under those sections Miscellaneous Operations
.
(b) The person supervising the tests must attest, in writing, that 150.530 What may the fire main system be used for?
the tests have been performed according to Coast Guard The fire main system may be used only for firefighting and deck
regulations. The operator must keep a copy of the supervisor's washing, unless it is capable of being isolated and can provide
attesting statement on board the deepwater port, or in the the applicable minimum pressures required in 149.416 of this
operator's principal office in the case of an unmanned deepwater chapter.
port, and make it available to the Sector Commander, or MSU
Commander, with COTP and OCMI authority. 150.531 How many fire pumps must be kept ready for use at
all times?
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by At least one of the fire pumps required by this subchapter must be
USCG-2013-0397, 78 FR 39182, July 1, 2013] kept ready for use at all times.

Personal Safety Gear 150.532 What are the requirements for connection and
stowage of fire hoses?
150.518 What are the inspection requirements for work
(a) At least one length of fire hose, with a combination nozzle,
vests and immersion suits?
must be connected to each fire hydrant at all times. If it is
(a) All work vests and immersion suits must be inspected by the
exposed to the weather, the fire hose may be removed from the
owner or operator pursuant to 150.105 of this part to determine
hydrant during freezing weather.
whether they are in serviceable condition.
(b) When not in use, a fire hose connected to a fire hydrant must
(b) If a work vest or immersion suit is inspected and is in
be stowed on a hose rack.
serviceable condition, then it may remain in service. If not, then it
must be removed from the deepwater port.
(c) The hydrant nearest the edge of a deck must have enough fire
Emergency Lighting and Power Systems hose length connected to it to allow 10 feet of hose, when
pressurized, to curve over the edge.
150.519 What are the requirements for emergency lighting
and power systems? 150.540 What are the restrictions on fueling aircraft?
(a) The operator must test and inspect the emergency lighting and If the deepwater port is not equipped with a permanent fueling
power systems at least once a week to determine if they are in facility, the Sector Commander, or MSU Commander, with COTP
proper operating condition. If they are not in proper operating and OCMI authority's approval is necessary before aircraft may
condition, then the operator must repair or replace their defective be fueled at the port.
parts.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
(b) The operator must test, under load, each emergency USCG-2013-0397, 78 FR 39182, July 1, 2013]
generator driven by an internal combustion engine that is used for
an emergency lighting and power system at least once per month 150.550 What are the requirements for the muster list?
for a minimum of 2 hours. (a) A muster list must be posted on each pumping platform
complex.
(c) The operator must test each storage battery for the emergency

323
(b) The muster list must: [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39182, July 1, 2013]
(1) List the name and title of each person, in order of succession,
who is the person in charge of the pumping platform complex for 150.603 What emergency response training is required?
purposes of supervision during an emergency; The requirements for emergency response training must be
outlined in the deepwater port operations manual.
(2) List the special duties and duty stations for each person on the
pumping platform complex, in the event of an emergency that [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
requires the use of equipment covered by part 149 of this chapter; USCG-2013-0397, 78 FR 39183, July 1, 2013]
and
150.604 Who controls access to medical monitoring and
(3) Identify the signals for calling persons to their emergency exposure records?
stations and for abandoning the pumping platform complex. If medical monitoring is performed or exposure records are
maintained by an employer, the owner, operator, or person in
150.555 How must cranes be maintained? charge must establish procedures for access to these records by
Cranes must be operated, maintained, and tested in accordance personnel.
with 46 CFR part 109, subpart F.
150.605 What are the procedures for reporting a possible
Subpart G-Workplace Safety and Health workplace safety or health violation at a deepwater port?
Any person may notify the Sector Commander, or MSU
150.600 What does this subpart do? Commander, with COTP and OCMI authority verbally or in writing
This subpart sets safety and health requirements for the of:
workplace on a deepwater port.
(a) A possible violation of a regulation in this part; or
Safety and Health (General)
150.601 What are the safety and health requirements for the
(b) A hazardous or unsafe working condition on any deepwater
workplace on a deepwater port?
port.
(a) Each operator of a deepwater port must ensure that the port
complies with the requirements of this subpart, and must ensure
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
that all places of employment within the port are:
USCG-2013-0397, 78 FR 39183, July 1, 2013]
(1) Maintained in compliance with workplace safety and health
150.606 After learning of a possible violation, what does the
regulations of this subpart; and
Sector Commander, or MSU Commander, with COTP and
OCMI authority do?
(2) Free from recognized hazardous conditions.
After reviewing the information received under 150.605 of this
part, and conducting any necessary investigation, the Sector
(b) Persons responsible for actual operations, including owners,
Commander, or MSU Commander, with COTP and OCMI
operators, contractors, and subcontractors must ensure that those
authority notifies the owner or operator of any deficiency or
operations subject to their control are:
hazard and initiates enforcement measures as the circumstances
warrant. The identity of any person making a report of a violation
(1) Conducted in compliance with workplace safety and health
will remain confidential, except to the extent necessary for the
regulations of this subpart; and
performance of official duties or as agreed to by the person.
(2) Free from recognized hazardous conditions.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39183, July 1, 2013]
(c) The term "recognized hazardous conditions," as used in this
subpart, means conditions that are:
General Workplace Conditions
(1) Generally known among persons in the affected industry as
150.607 What are the general safe working requirements?
causing, or likely to cause, death or serious physical harm to
(a) All equipment, including machinery, cranes, derricks, portable
persons exposed to those conditions; and
power tools, and, most importantly, safety gear must be used in a
safe manner and in accordance with the manufacturer's
(2) Routinely controlled in the affected industry.
recommended practice, unless otherwise stated in this
subchapter.
150.602 What occupational awareness training is required?
(a) Each deepwater port operator must ensure that all deepwater
(b) All machinery and equipment must be maintained in proper
port personnel are provided with information and training on
working order or removed.
recognized hazardous conditions in their workplace, including, but
not limited to, electrical, mechanical, and chemical hazards.
Personal Protective Equipment
Specific required training topics are outlined in 150.15(w) of this
part.
150.608 Who is responsible for ensuring that the personnel
use or wear protective equipment and are trained in its use?
(b) As an alternative to compliance with the specific provisions of
(a) Each deepwater port operator must ensure that all personnel
this subpart, an operator may provide, for workplace safety and
wear personal protective equipment when within designated work
health, the implementation of an approved, port-specific safety
areas.
and environmental management program (SEMP). Operators
should consult with the Commandant (CG-5P) in preparing an
(b) Each deepwater port operator must ensure that:
SEMP. Five copies of a proposed SEMP must be submitted to the
Commandant for evaluation. The Commandant may consult with
(1) All personnel engaged in the operation are trained in the
the local Sector Commander, or MSU Commander, with COTP
proper use, limitations, and maintenance of the personal
and OCMI authority, and will approve the SEMP if he or she finds
protective equipment specified by this subpart;
that the SEMP provides at least as much protection of workplace
safety and health as do the specific provisions of this subpart.
(2) The equipment is maintained and used or worn as required by
this subpart; and

324
(3) The equipment is made available and on hand for all including the use of electrical personal protective equipment
personnel engaged in the operation. appropriate to protect against potential electrical hazards.

Eyes and Face [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by


USCG-2013-0397, 78 FR 39183, July 1, 2013]
150.609 When is eye and face protection required?
The operator must provide eye and face protectors for the use of Lockout/Tagout
persons engaged in or observing activities where damage to the
eye is possible, such as welding, grinding, machining, chipping, 150.616 What are the requirements for lockout?
handling hazardous materials, or burning or cutting acetylene. The deepwater port operator must ensure that, if electrical,
These eye and face protectors must be: hydraulic, mechanical, or pneumatic equipment does not need to
be powered during the work described in 150.615(a) of this part,
(a) Properly marked and in compliance with the requirements of and has a lockout or other device to prevent the equipment from
29 CFR 1910.133; and being turned on unintentionally, that the lockout or other device is
activated.
(b) Maintained in good condition or replaced when necessary.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
150.610 Where must eyewash equipment be located? USCG-2013-0397, 78 FR 39183, July 1, 2013]
Portable or fixed eyewash equipment providing emergency relief
must be immediately available near any area where there is a 150.617 What are the requirements for tagout?
reasonable probability that eye injury may occur. (a) The deepwater port operator must ensure that, before work
takes place on equipment that is disconnected from the power
Head source, a tag complying with this section is placed at the location
where the power is disconnected. The operator must ensure that,
150.611 What head protection is required? if there is a control panel for the equipment in line between the
The deepwater port operator must ensure that where there is a equipment and the location where the power is disconnected, a
reasonable probability of injury from falling objects or contact with tag complying with this section is also placed on the control panel.
electrical conductors, personnel working or visiting such an area
wear head protectors designed to protect them against such injury (b) Each tag or sign must have words stating:
and complying with 29 CFR 1910.135.
(1) That equipment is being worked on;
Feet
(2) That power must not be restored or the equipment activated;
150.612 What footwear is required? and
The deepwater port operator must ensure that while personnel
are working in an area, or engaged in activities, where there is a (3) The name of the person who placed the tag.
reasonable probability for foot injury to occur, they wear footwear
that complies with 29 CFR 1910.136, except for when (c) Only the person who placed the tag, that person's immediate
environmental conditions exist that present a hazard greater than supervisor, or the relief person of either, is authorized to remove
that against which the footwear is designed to protect. the tag.

Noise and Hearing Protection Respiratory Protection

150.613 What are the requirements for a noise monitoring 150.618 What are the requirements for respiratory
and hearing protection survey? protection?
(a) The deepwater port operator must measure noise and provide (a) The deepwater port operator must ensure that respiratory
hearing protection in accordance with 29 CFR 1910.95. protection measures are taken in compliance with 29 CFR
1910.134 including establishment of a formal respiratory
(b) The initial noise survey for a deepwater port must be protection program.
completed within one year of beginning operations.
(b) The deepwater port operator must ensure that measures for
Clothing protection from exposure to asbestos are taken in compliance
with 29 CFR 1910.1001.
150.614 When is protective clothing required?
The deepwater port operator must ensure that personnel exposed (c) The deepwater port operator must ensure that measures for
to flying particles, radiant energy, heavy dust, or hazardous protection from exposure to inorganic lead are taken in
materials wear clothing and gloves that protect against the hazard compliance with 29 CFR 1910.1025.
involved.
Fall Arrest
Electrical
150.619 What are the fall arrest system requirements?
150.615 What safe practices are required? (a) The deepwater port operator must ensure that all personnel
(a) The deepwater port operator must ensure that before who are exposed to the risk of falling more than 6 feet, or who are
personnel begin work that might expose them to an electrical at risk of falling any distance onto equipment with irregular
charge, they turn off the electricity, unless doing so is not feasible. surfaces, exposed moving components, electrically energized
cables or connectors, or water, are protected against such a fall
(b) The deepwater port operator must ensure that personnel by guardrails or other measures that comply with 29 CFR 1910.23
turning off equipment pursuant to paragraph (a) of this section or 1910.28, or by the use of suitable lifesaving equipment that
follow the lockout or tagging procedures specified in 29 CFR complies with 46 CFR part 160.
1910.147, and in 150.616 and 150.617 of this part.
(b) In addition, the operator must take measures to control the risk
(c) The deepwater port operator must ensure that, to prevent of falling, tripping, or slipping in work areas and walkways due to
electrical shock, personnel receive training in electrical, safety- the presence of loose material or wet conditions, including spills.
related work practices in the area of the work they perform,

325
Machine Guards (1) An inventory of each hazardous material on the deepwater
port;
150.620 What are the requirements for protecting personnel
from machinery? (2) The potential hazards of the material;
The deepwater port operator must ensure that all personnel are
protected from the risks created by operating machinery through (3) The material's intended use on the deepwater port;
the use of guard devices or other measures that comply with 29
CFR 1910.212, or through the use of conspicuously posted (4) The methods for handling and storing the material;
warning signs that comply with 150.626 of this part.
(5) The protective measures and equipment used to avoid
Slings hazardous exposure;

150.621 What are the requirements for slings? (6) The labeling, marking, or tagging of the material;
The use of slings for handling material must comply with the
requirements of 29 CFR 1910.184. (7) The special precautions, such as lockout and tagout under
150.616 and 150.617 of this part, that should be emphasized
Warning Signs when working around the material;

150.622 What are the warning sign requirements? (8) Information and training required for personnel on board the
The construction and use of warning signs must be in compliance deepwater port; and
with 29 CFR 1910.144 and 1910.145.
(9) A material safety data sheet for the material.
Confined Space Safety
(c) The information on a material safety data sheet itself may be
150.623 What are the requirements for protecting personnel used by the employer as a tool for educating employees about the
from hazards associated with confined spaces? hazards posed by the material, provided the employees
(a) All personnel must be protected by suitable measures from acknowledge and can demonstrate appropriate precautionary
inadvertently entering a confined space containing a hazardous measures to minimize risk to health and safety.
atmosphere that can cause death or serious injury.
(d) The program must be supplemented as necessary to address
(b) Each deepwater port operator must evaluate the specific each hazardous material newly introduced on the deepwater port.
hazards associated with entering the port's confined spaces, and
develop a confined space safe entry program that complies with: [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39183, July 1, 2013]
(1) 29 CFR 1910.146 for permit-required confined spaces, where
applicable; and 150.626 What is the hazard communication program used
for?
(2) A national consensus standard, as that term is defined in 29 (a) The hazard communication program must ensure that all
CFR 1910.2, or that is set by a nationally recognized testing deepwater port employees, when required by their duties, work
laboratory as defined in 29 CFR 1910.7 and that provides levels safely and responsibly with hazardous materials.
of personnel protection at least equivalent to those provided for
shipyard personnel by 29 CFR part 1915, subpart B. (b) The person in charge for safety must ensure that, before a
person is allowed to work at the deepwater port:
(c) To implement the confined space safe entry program, the
deepwater port operator must determine the education, training, (1) A copy of the hazard communication program is made
and experience needed by the designated competent persons to available to the person; and
safely conduct their duties, including:
(2) The person is trained in the information contained in the
(1) Identification, testing, and certification of confined spaces; and program.

(2) Training of personnel regarding dangers. (c) The training must be supplemented to address each
hazardous material newly introduced on the deepwater port.
(d) These measures must be specified in the port operations 150.627 Must material safety data sheets be available to all
manual, along with a list of all confined spaces on the port, personnel?
describing the specific hazards associated with each such space.
150.627 Must material safety data sheets be available to all
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by personnel?
USCG-2013-0397, 78 FR 39183, July 1, 2013] (a) The person in charge must ensure that a material safety data
sheet (MSDS) for each hazardous material on the fixed or floating
Blood-Borne Pathogens deepwater port is made available to all personnel on the port.

150.624 What are the requirements for protecting personnel (b) Each MSDS must contain at least information on the use,
from blood-borne pathogens? proper storage, potential hazards, and appropriate protective and
Measures for protection from the dangers of blood-borne response measures to be taken when exposed to or handling the
pathogens must be taken in compliance with 29 CFR 1910.1030. material.
Hazard Communication Program
150.628 How must the operator label, tag, and mark a
150.625 What must the hazard communication program container of hazardous material?
contain? The operator must label, tag, or mark each container of
(a) Each deepwater port must have a hazard communication hazardous material with the identity of the hazardous material and
program available for the training of, and review by, all personnel the appropriate physical, health, reactive and other special
on the deepwater port. condition hazard warnings. The only exception is for portable
containers that transfer hazardous material from a labeled
(b) The program must be in writing and describe or include: container to the work site for immediate use by the person who

326
performs the transfer. (a) Any problem affecting the operation or characteristics of a
navigation aid at the deepwater port must be reported to the
Subpart H-Aids to Navigation District Commander by the fastest means available. The report
must identify:
150.700 What does this subpart do?
This subpart provides requirements for the operation of aids to (1) The navigation aid affected;
navigation at a deepwater port.
(2) The aid's location;
150.705 What are the requirements for maintaining and
inspecting aids to navigation? (3) The nature of the problem; and
(a) All aids to navigation must be maintained in proper operating
condition at all times. (4) The estimated repair time.

(b) The Coast Guard may inspect all aids to navigation at any (b) When the problem is corrected, the District Commander must
time without notice. be notified.

150.710 What are the requirements for supplying power to 150.812 What is the purpose of reporting casualties on
aids to navigation? deepwater ports?
The power of all navigation aids must be maintained, at all times, The Coast Guard, upon receipt of a reported marine casualty on a
at or above the level recommended by the equipment's deepwater port, as outlined in 150.815 of this part, will conduct
manufacturer. an investigation to determine the cause of the incident and to take
appropriate measures to promote safety of life and property. The
150.715 What are the requirements for lights used as aids to Coast Guard investigator will follow the procedures outlined in 46
navigation? CFR subpart 4.07 in conducting the investigation.
(a) Each light under part 149, subpart E of this chapter, used as a
navigation aid on a deepwater port, must be lit continuously from [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
sunset to sunrise. USCG-2013-0397, 78 FR 39183, July 1, 2013]

(b) During construction, a platform or single point mooring, if 150.815 How must casualties be reported?
positioned on the surface or within the net under keel depth for (a) Immediately after aiding the injured and stabilizing the
tankers transiting within the safety zone, must be marked with at situation, the owner, operator, or person in charge of a deepwater
least one of the following: port must notify the nearest Sector, Marine Safety Unit, or other
Coast Guard unit of each event on, or involving, the deepwater
(1) The obstruction lights required for the structure in part 149, port that results in one or more of the following:
subpart E of this chapter;
(1) Loss of life;
(2) The fixed lights of a vessel attending the structure; or
(2) An injury that requires professional medical treatment beyond
(3) The general illumination lights on the structure, if they meet or first aid and, if the person is engaged or employed on the
exceed the intensity required for obstruction lights required for the deepwater port, that renders the individual unfit to perform his or
structure. her routine duties;

(c) The focal plane of each obstruction light and lit rotating beacon (3) Impairment of the port's operations or primary lifesaving or
must always coincide with the horizontal plane that passes fire-fighting equipment; or
through the light source.
(4) Property damage in excess of $100,000, including damage
150.720 What are the requirements for sound signals? resulting from a vessel or aircraft striking the port. This amount
The sound signal on each pumping platform complex must be includes the cost of labor and material to restore all affected items,
operated whenever the visibility in any horizontal direction from including, but not limited to, restoring the port and the vessel or
the structure is less than 5 miles. If the platform is under aircraft to their condition before the damage. This amount does
construction, this requirement may be met by the use of a 2- not include the cost of salvage, cleaning, gas freeing, dry-docking,
second whistle blast, made every 20 seconds by a vessel moored or demurrage of the port, vessel, or aircraft.
at the platform.
(b) The notice under paragraph (a) of this section must identify
Subpart I-Reports and Records the following:
150.800 What does this subpart do?
(1) The deepwater port involved;
This subpart concerns reports and records that the licensee must
keep and submit.
(2) The owner, operator, or person in charge of the port;
Reports
(3) The nature and circumstances of the event; and
150.805 What reports must be sent both to a classification
(4) The nature and extent of the injury and damage resulting from
society and to the Coast Guard?
the event.
The licensee must submit to the Sector Commander, or MSU
Commander, with COTP and OCMI authority a copy of each
(c) The operator will ensure that the report contains the
report submitted to an authorized classification society, as defined
information pertinent to Outer Continental Shelf operations as
in 46 CFR 8.100, for maintenance of a single point mooring's
outlined in part 140 of this chapter when the deepwater port is co-
class under the rules of that society.
located on a facility regulated by the Bureau of Ocean Energy
Management.
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39183, July 1, 2013]
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2011-0257, 76 FR 31837, June 2, 2011; USCG-2013-0397,
150.810 Reporting a problem with an aid to navigation.
78 FR 39183, July 1, 2013]

327
150.820 When must a written report of casualty be operations manual, that are responsible for the management of
submitted, and what must it contain? the deepwater port. These records must be kept for the life of the
(a) In addition to the notice of casualty under 150.815 of this part, deepwater port.
the owner, operator, or person in charge of a deepwater port must
submit a written report of the event to the nearest Sector 150.850 How long must a declaration of inspection form be
Commander, or the nearest MSU Commander, with COTP and kept?
OCMI authority within 5 days of the casualty notice. The report The licensee must keep signed copies of the declaration of
may be on Form 2692, Report of Marine Accident, Injury, or inspection forms required by 150.430 of this part for one month
Death, or in narrative form if it contains all of the applicable from the date of signature.
information requested in Form 2692. Copies of Form 2692 are
available from the Sector Commander, or from the MSU [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
Commander, with COTP and OCMI authority. USCG-2013-0397, 78 FR 39183, July 1, 2013]

(b) The written report must also include the information relating to Subpart J-Safety Zones, No Anchoring Areas,
alcohol and drug involvement specified by 46 CFR 4.05-12. The and Areas To Be Avoided
deepwater port operator will ensure compliance with the chemical
testing procedures outlined in 46 CFR part 16. 150.900 What does this subpart do?
(a) This subpart provides requirements for the establishment,
(c) If filed immediately after the event, the written report required restrictions, and location of safety zones, no anchoring areas
by paragraph (a) of this section serves as the notice required (NAAs), and areas to be avoided (ATBAs) around deepwater
under 150.815 in this part. ports.
(d) The operator will ensure that the written report is provided to
the nearest Bureau of Ocean Energy Management (BOEM) office (b) Subpart D of this part, concerning vessel navigation and
when the deepwater port is co-located with a BOEM-regulated activities permitted and prohibited at deepwater ports, applies to
facility. safety zones, NAAs, ATBAs, and their adjacent waters; and
supplements the International Regulations for Preventing
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by Collisions at Sea.
USCG-2011-0257, 76 FR 31837, June 2, 2011; USCG-2013-0397,
78 FR 39183, July 1, 2013] (c) Recommended shipping safety fairways associated with
deepwater ports are described in part 166 of this chapter.
150.825 Reporting a diving-related casualty.
Deaths and injuries related to diving within the safety zone of a 150.905 Why are safety zones, no anchoring areas, and
deepwater port must be reported according to 46 CFR 197.484 areas to be avoided established?
and 197.486, rather than to 150.815 and 150.820 of this part. (a) Safety zones, no anchoring areas (NAAs) and areas to be
avoided (ATBAs) under this subchapter are established to
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by promote safety of life and property, marine environmental
USCG-2013-0397, 78 FR 39183, July 1, 2013] protection, and navigational safety at deepwater ports and
adjacent waters.
150.830 Reporting a pollution incident.
Oil pollution incidents involving a deepwater port are reported (b) Safety zones are the only federally regulated navigation areas.
according to 135.305 and 135.307 of this chapter. They accomplish these objectives by preventing or controlling
specific activities, limiting access by vessels or persons, and by
150.835 Reporting sabotage or subversive activity. protecting the living resources of the sea from harmful agents.
The owner, operator, or person in charge of a deepwater port
must immediately report to the Sector Commander, or the MSU (c) The NAAs and ATBAs are established via the International
Commander, with COTP and OCMI authority, by the fastest Maritime Organization (IMO). An NAA, specifically established to
possible means, any evidence of sabotage or subversive activity protect vessels in transit and sub-surface deepwater port
against any vessel at the deepwater port or against the deepwater components, will be mandatory. An ATBA will be a
port itself. recommendatory routing measure.

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by (d) The sizes of restricted areas will be the minimum size needed
USCG-2013-0397, 78 FR 39183, July 1, 2013] to ensure safety, while at the same time considering potential
impacts on other activities, including recreational boating, fishing,
Records and Outer Continental Shelf activity.

150.840 What records must be kept? [USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
(a) The licensee must keep copies at the deepwater port of the USCG-2013-0397, 78 FR 39183, July 1, 2013]
reports, records, test results, and operating data required by this
part. In the case of unmanned deepwater ports, these copies 150.910 What installations, structures, or activities are
must be kept at the operator's principal office rather than on the prohibited in a safety zone?
deepwater port. No installations, structures, or activities that are incompatible with
or that present an unacceptable risk to safety of the deepwater
(b) The copies must be readily available to Coast Guard port's operations or activity are allowed in the safety zone of a
inspectors. deepwater port.

(c) Except for personnel records under 150.845 of this part, the 150.915 How are safety zones, no anchoring areas, and
copies must be kept for 3 years. areas to be avoided established and modified?
(a) Safety zones are developed and designated during the
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by application process for a deepwater port license, and may be
USCG-2013-0397, 78 FR 39183, July 1, 2013] established or modified through rulemaking. Rulemakings will
afford prior public notice and comment, except when there is good
150.845 Personnel records. cause not to do so, for example due to an imminent threat to the
The licensee must keep documentation on the designation and safety of life and property.
qualification of the supervisory positions, outlined in the port

328
(b) Before a safety zone, no anchoring area (NAA), or area to be Table 150.940(A)Safety Zone for LOOP, Gulf of Mexico
avoided (ATBA) is established, all factors detrimental to safety are
considered, including but not limited to:
Latitude Longitude
Plotting guidance
N W
(1) The scope and degree of the risk or hazard involved;
(i) Starting at 285524 900037
(2) Vessel traffic characteristics and trends, including traffic
volume, the sizes and types of vessels involved, potential (ii) A rhumb line to: 285351 900407
interference with the flow of commercial traffic, the presence of
any unusual cargoes, and other similar factors; (iii) Then an arc with a 4,465 meter
(4,883 yard) radius centered at the
(3) Port and waterway configurations and variations in local 285307 900130
deepwater port's pumping platform
conditions of geography, climate and other similar factors; complex

(4) The need for granting exemptions for the installation and use (iv) To a point 285108 900306
of equipment or devices for use with vessel traffic services for
certain classes of small vessels, such as self-propelled fishing (v) Then a rhumb line to 285010 900224
vessels and recreational vessels;
(vi) Then a rhumb line to 284906 895554
(5) The proximity of fishing grounds, oil and gas drilling and
production operations, or other potential or actual conflicting (vii) Then a rhumb line to 284837 895500
activity;
(6) Environmental factors; (viii) Then a rhumb line to 285205 895242

(ix) Then a rhumb line to 285311 895342


(7) Economic impact and effects;
(x) Then a rhumb line to 285453 895700
(8) Existing vessel traffic services; and
(xi) Then a rhumb line to 285453 895936
(9) Local practices and customs, including voluntary
arrangements and agreements within the maritime community. (xii) Then an arc with a 4,465 meter
(4,883 yard) radius centered again at
(c) The Executive Branch, acting through the Secretary of State the deepwater port's pumping platform
and Commandant (CG-5P) proposes NAAs and ATBAs for complex
deepwater ports to the International Maritime Organization (IMO)
for approval. The ATBAs will be implemented after IMO approval (xiii) To the point of starting 285524 900037
is granted and announced in an IMO Circular, and after
publication of a notice in the Federal Register.
(2) The areas to be avoided within the safety zone are:
[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by
USCG-2013-0397, 78 FR 39183, July 1, 2013] (i) The area encompassed within a circle having a 600 meter
radius around the deepwater port's pumping platform complex
150.920 How can I find notice of new or proposed safety and centered at 285307 N, 900130 W.
zones?
In addition to documents published in the Federal Register under (ii) The six areas encompassed within a circle having a 500 meter
150.915, the District Commander may provide public notice of radius around each single point mooring (SPM) deepwater at the
new or proposed safety zones by Broadcast Notices to Mariners, port and centered at:
Notices to Mariners, Local Notices to Mariners, newspapers,
broadcast stations, or other means. Latitude N Longitude W

[USCG-1998-3884, 71 FR 57651, Sept. 29, 2006, as amended by 285413 900037


USCG-2013-0397, 78 FR 39183, July 1, 2013]
285317 895959
150.925 How long may a safety zone, no anchoring area, or
area to be avoided remain in place? 285216 900019
A safety zone, no anchoring area, or area to be avoided may go
into effect as early as initial delivery of construction equipment 285146 900125
and materials to the deepwater port site, and may remain in place
until the deepwater port is removed. 285209 900233

150.930 What datum is used for the geographic coordinates 285308 900302
in this subpart?
The geographic coordinates used in this subpart have been
(3) The anchorage area within the safety zone is an area
revised to enable plotting using the North American Datum of
enclosed by the rhumb lines joining points at:
1983 (NAD 83) and no longer require the use of any further
conversion factors for correction.
Latitude N Longitude W
[USCG-2007-27887, 72 FR 45903, Aug. 16, 2007]
285222 895747
150.940 Safety zones for specific deepwater ports.
(a) Louisiana Offshore Oil Port (LOOP). 285406 895638

(1) The location of the safety zone for LOOP is as described in 285205 895242
Table 150.940(A) of this section:
285021 895351

329
(ii) Notwithstanding paragraph (c)(4)(i) of this section, tankers and
285222 895747
support vessels, as defined in 33 CFR 148.5, operating in the
vicinity of NEGDWP are authorized to enter and move within such
(b) The Gulf Gateway Deepwater Port (GGDWP) zones in the normal course of their operations following the
requirements set forth in 33 CFR 150.340 and 150.345,
(1) Description. The GGDWP safety zone is centered at the respectively.
following coordinates: 280517 N, 930307 W. This safety zone,
encompassed within a circle having a 500 meter radius around (iii) All other vessel operators desiring to enter, operate or conduct
the primary component of the Gulf Gateway Deepwater Port, the diving operations within a safety zone described in paragraph
submerged loading turret (buoy) and the pipeline end manifold (c)(1) of this section must contact the COTP, or the COTP's
(STL/PLEM), is located approximately 116 miles off the Louisiana authorized representative, to obtain permission by contacting the
coast at West Cameron Area, South Addition Block 603 A. Sector Boston Command Center at 617-223-5761 or via VHF-FM
Channel 16 (156.8 MHZ). Vessel operators given permission to
(i) A mandatory no anchoring area contained within a circle of enter, operate, or conduct diving operations in a safety zone must
radius 1,500 meters centered on the following geographical comply with all directions given to them by the COTP or the
position is designated as a mandatory no anchoring area: COTP's authorized representative.
280517 N, 930307 W.
(iv) No vessel, other than a support vessel or tanker calling on
(ii) An area to be avoided within a circle of radius 2,000 meters NEGDWP may anchor in the area described in paragraph (c)(2)
centered on the following geographical position is designated as of this section.
an area to be avoided: 280517 N, 930307 W.
(d) Neptune Deepwater Port (Neptune)
(2) Regulations. Deepwater port support vessels desiring to
enter the safety zone must contact and obtain permission from (1) Location. The safety zones for Neptune consist of circular
the LNG Regasification Vessel (LNGRV) stationed at the zones, each with a 500-meter radius and centered on each of
deepwater port. The LNGRV can be contacted on VHF-FM Neptune's two submerged turret loading (STL) buoys. STL Buoy
Channel 13.(c) Northeast Gateway Deepwater Port (NEGDWP) A is centered at the following coordinates: Latitude 422912.3
N, Longitude 0703629.7 W; and STL Buoy B: Latitude
(1) Location. The safety zones for the NEGDWP consist of 422720.5 N, Longitude 0703607.3 W. Each safety zone
circular zones, each with a 500-meter radius and centered on encompasses, within the respective 500-meter circles, the
each of the deepwater port's two submerged turret loading (STL) primary components of Neptune, including a submerged turret
buoys. STL Buoy A is centered at the following coordinates: loading buoy and a pipeline end manifold. Each safety zone is
422338 N, 0703531 W. STL Buoy B is centered at the located approximately eight nautical miles south-southeast of
following coordinates: 422356 N, 0703700 W. Each safety Gloucester, Massachusetts, in Federal waters.
zone is located approximately 13 miles south-southeast of the
City of Gloucester, Massachusetts, in Federal waters. (2) No anchoring areas. Two mandatory no anchoring areas for
Neptune are established for all waters within circles of 1,000-
(2) No anchoring areas. Two mandatory no anchoring areas for meter radii centered on the submerged turret loading buoy
NEGDWP are established for all waters within circles of 1,000- positions set forth in paragraph (d)(1) of this section.
meter radii centered on the submerged turret loading buoy
positions set forth in paragraph (c)(1) of this section. (3) Area to be avoided. An area to be avoided (ATBA) for
Neptune is as described in Table 150.940(C):
(3) Area to be avoided. An area to be avoided (ATBA) for
NEGDWP is as described in Table 150.940(B): Table 150.940(C)ATBA for Neptune

Table 150.940(B)ATBA for NEGDWP


Longitude
Plotting guidance Latitude N
W
Latitude Longitude
Plotting guidance
N W (i) Starting at 422726.6 703513.1

(i) Starting at 422417 0703516 (ii) A rhumb line to 422918.3 703535.4

(ii) A rhumb line to: 422435 0703646 (iii) Then an arc with a 1250 meter
422912.3 703629.7
radius centered at point
(iii) Then an arc with a 1250 meter
422356 0703700 (iv) To a point 42296.3 703724.0
radius centered at point

(iv) To a point 422317 0703715 (v) Then a rhumb line to 422714.7 70371.6

(v) Then a rhumb line to 422259 0703545 (vi) Then an arc with a 1250 meter
422720.5 70367.3
radius centered at point
(vi) Then an arc with a 1250 meter
422338 0703531 (vii) To the point of starting 422726.6 703513.1
radius centered at point

(vii) To the point of starting 422417 0703516


(4) Regulations.

(4) Regulations. (i) In accordance with the general regulations set forth in 33 CFR
165.23 and elsewhere in this part, no person or vessel may enter
(i) In accordance with the general regulations set forth in 33 CFR the waters within the boundaries of the safety zones described in
165.23 and elsewhere in this part, no person or vessel may enter paragraph (d)(1) of this section unless previously authorized by
the waters within the boundaries of the safety zones described in the Captain of the Port (COTP) Boston, or the COTP's authorized
paragraph (c)(1) of this section unless previously authorized by representative.
the Captain of the Port (COTP) Boston, or his/her authorized
representative.

330
(ii) Notwithstanding paragraph (d)(4)(i) of this section, liquefied enter or operate in a safety zone must comply with all directions
natural gas carriers (LNGCs) and support vessels, as defined in given to them by the COTP or the COTP's authorized
33 CFR 148.5, calling on Neptune, are authorized to enter and representative.
move within such zones in the normal course of their operations
following the requirements set forth in 33 CFR 150.340 and (iv) No vessel, other than an LNGC or support vessel calling on
150.345, respectively. Neptune, may anchor in the area described in paragraph (d)(2) of
this section.
(iii) All other vessel operators desiring to enter, operate or conduct
diving operations within a safety zone described in paragraph [USCG-2007-27887, 72 FR 45903, Aug. 16, 2007, as amended
(d)(1) of this section must contact the COTP or the COTP's by USCG-2007-0087, 73 FR 34194, June 17, 2008; USCG-2009-
authorized representative to obtain permission by contacting the 0589, 75 FR 51376, Aug. 20, 2010; USCG-2013-0397, 78 FR
Sector Boston Command Center at 617-223-5761 or via VHF-FM 39183, July 1, 2013]
Channel 16 (156.8 MHZ). Vessel operators given permission to

331
Part 151-Vessels Carrying Oil, Noxious Liquid Substances,
Garbage, Municipal Or Commercial Waste, And Ballast
Water
Table of Contents 151.65 Reporting Requirements.
151.66 Operating requirements: Discharge of garbage in the
Great Lakes and other navigable waters.
Subchapter OPollution 151.67 Operating Requirements: Discharge Of Plastic Prohib-
ited .
Subpart A-Implementation Of MARPOL 73/78 151.69 Operating Requirements: Discharge Of Garbage Out-
And The Protocol On Environmental Protection side Special Areas.
To The Antarctic Treaty As It Pertains To 151.71 Operating Requirements: Discharge Of Garbage Within
Pollution From Ships Special Areas.
151.73 Operating Requirements: Discharge Of Garbage From
General Fixed Or Floating Platforms.
151.75 Grinders Or Comminuters.
Sec. 151.77 Exceptions For Emergencies.
151.01 Purpose. 151.79 Operating Requirements: Discharge Of Sewage Within
151.03 Applicability. Antarctica.
151.04 Penalties For Violation.
151.05 Definitions. Appendix A To 151.51 Through 151.77-Summary Of Garbage
151.06 Special Areas. Discharge Restrictions
151.07 Delegations.
151.08 Denial Of Entry. Subpart B-Transportation Of Municipal And
Oil Pollution Commercial Waste
151.09 Applicability. 151.1000 Purpose.
151.10 Control Of Oil Discharges. 151.1003 Applicability.
151.11 Exceptions For Emergencies. 151.1006 Definitions.
151.13 Special Areas For Annex I Of MARPOL 73/78. 151.1009 Transportation Of Municipal Or Commercial Waste.
151.15 Reporting Requirements. 151.1012 Applying For A Conditional Permit.
151.17 Surveys. 151.1015 Issuing Or Denying The Issuance Of A Conditional
151.19 International Oil Pollution Prevention (IOPP) Permit.
Certificates. 151.1018 Withdrawal Of A Conditional Permit.
151.21 Ships Of Countries Not Party To MARPOL 73/78. 151.1021 Appeals.
151.23 Inspection For Compliance And Enforcement. 151.1024 Display Of Number.
151.25 Oil Record Book.
151.26 Shipboard Oil Pollution Emergency Plans. Subpart C-Ballast Water Management For
151.27 Plan Submission And Approval. Control Of Nonindigenous Species In The Great
151.28 Plan Review And Revision. Lakes And Hudson River
151.29 Foreign Ships.
151.1500 Purpose.
Noxious Liquid Substance Pollution 151.1502 Applicability.
151.1504 Definitions.
151.30 Applicability.
151.1505 Severability.
151.31 Where To Find Requirements Applying To Oceangoing
151.1506 Restriction Of Operation.
Ships Carrying Category A, B, C, And D NLS.
151.1508 Revocation Of Clearance.
151.32 Special Areas for the Purpose of Annex II
151.1510 Ballast Water Management.
151.33 Certificates Needed To Carry Category C Oil-Like NLS.
151.1511 Ballast water discharge standard (BWDS).
151.35 Certificates Needed To Carry Category D NLS And
151.1512 Implementation schedule for approved ballast water
Category D Oil-Like NLS.
management methods.
151.37 Obtaining An Attachment For NLSs To The IOPP
151.1513 Extension of Compliance Date.
Certificate And Obtaining An NLS Certificate.
151.1514 Vessel Safety.
151.39 Operating Requirements: Category D NLS.
151.1515 Ballast Water Management Alternatives Under
151.41 Operating Requirements For Oceangoing Ships With
Extraordinary Conditions.
IOPP Certificates: Category C And D Oil-Like NLSs.
151.1516 Compliance Monitoring.
151.43 Control Of Discharge Of NLS Residues.
151.1518 Penalties for failure to conduct ballast water
151.45 [Removed]
management.
151.47 Category D NLSs Other Than Oil-Like Category D
NLSs That May Be Carried Under This Part.
151.49 Category C And D Oil-Like NLSs Allowed For Carriage.
Subpart D-Ballast Water Management for Control
of Nonindigenous Species in Waters of the
Garbage Pollution And Sewage United States
151.51 Applicability. 151.2000 Purpose and scope.
151.53 Special Areas For Annex V Of MARPOL 73/78. 151.2005 Definitions.
151.55 Recordkeeping Requirements. 151.2010 Applicability.
151.57 Waste Management Plans. 151.2013 Severability.
151.59 Placards. 151.2015 Exemptions.
151.61 Inspection For Compliance And Enforcement. 151.2020 Vessels in innocent passage.
151.63 Shipboard Control Of Garbage. 151.2025 Ballast water management requirements.

332
151.2026 Alternate management systems. (c) A person who knowingly violates MARPOL 73/78, the Act, or
151.2030 Ballast water discharge standard (BWDS). the regulations of this subpart commits a class D felony, as
151.2035 Implementation schedule for approved ballast water described in 18 U.S.C. 3551 et seq. In the discretion of the Court,
management methods. an amount equal to not more than one-half of the fine may be
151.2036 Extension of compliance date. paid to the person giving information leading to conviction.
151.2040 Discharge of ballast water in extraordinary
circumstances. (d) A ship operated in violation of MARPOL 73/78, the Act, or the
151.2050 Additional requirements-nonindigenous species regulations of this subpart is liable in rem for any civil penalty
reduction practices. covered by paragraph (a) or (b) of this section, or any fine
151.2055 Deviation from planned voyage. covered by paragraph (c) of this section, and may be proceeded
151.2060 Reporting requirements. against in the United States District Court of any district in which
151.2065 Equivalent reporting methods for vessels other than the ship may be found.
those entering the Great Lakes or Hudson River after
operating outside the U.S. Exclusive Economic Zone [CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD
or Canadian equivalent. 88-002A, 55 FR 18582, May 2, 1990; CGD 92-007, 57 FR 33261,
151.2070 Recordkeeping requirements. July 27, 1992; 62 FR 16995, Apr. 8, 1997; 64 FR 34710, June 29,
151.2075 Enforcement and compliance. 1999]
151.2080 Penalties.
151.05 Definitions.
Authority:33 U.S.C. 1321, 1902, 1903, 1908; 46 U.S.C. 6101; As used in this subpart
Pub. L. 104-227 (110 Stat. 3034); Pub. L. 108-293 (118 Stat.
1063), 623; E.O. 12777, 3 CFR, 1991 Comp. p. 351; DHS Act means the Act to Prevent Pollution from Ships, as amended
Delegation No. 0170.1, sec. 2(77). (33 U.S.C. 1901-1911).

Subpart AImplementation of MARPOL 73/78 Antarctica means the area south of 60 degrees south latitude.
and the Protocol on Environmental Protection to Captain of the Port (COTP) means the Coast Guard officer
the Antarctic Treaty as it Pertains to Pollution designated by the Commandant to command a COTP Zone as
from Ships described in part 3 of this chapter.

Authority:33 U.S.C. 1321, 1903, 1908; 46 U.S.C. 6101; Pub. L. Cargo residues means the remnants of any cargo which are not
104-227 (110 Stat. 3034); E.O. 12777, 3 CFR, 1991 Comp. p. 351; covered by other MARPOL Annexes and which remain on the
Department of Homeland Security Delegation No. 170.1. deck or in holds following loading or unloading, including loading
and unloading excess or spillage, whether in wet or dry condition
Source:CGD 75-124a, 48 FR 45709, Oct. 6, 1983, unless or entrained in wash water, but does not include cargo dust
otherwise noted. remaining on the deck after sweeping or dust on the external
surfaces of the ship.

General Clean ballast means the ballast in a tank which, since oil was last
carried therein, has been so cleaned that effluent therefrom, if it
151.01 Purpose. were discharged from a ship that is stationary into clean calm
The purpose of this subpart is to implement the Act to Prevent water on a clear day would not produce visible traces of oil on the
Pollution from Ships, 1980, as amended (33 U.S.C. 1901-1911) surface of the water or adjoining shorelines or cause a sludge or
and Annexes I, II and V of the International Convention for the emulsion to be deposited beneath the surface of the water or
Prevention of Pollution from Ships, 1973, as modified by the upon adjoining shorelines. If the ballast is discharged through an
Protocol of 1978 relating thereto (MARPOL 73/78), done at oil discharge monitoring and control system approved by the
London on February 17, 1978. This subpart also implements the government of the country under whose authority the ship is
Antarctic Science, Tourism, and Conservation Act of 1996, and operating, evidence based on such a system, to the effect that the
the Protocol on Environmental Protection to the Antarctic Treaty oil content of the effluent does not exceed 15 parts per million
done at Madrid on October 4, 1991. (ppm) is determinative that the ballast is clean.

[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD Commandant means Commandant, U.S. Coast Guard.
88-002A, 55 FR 18582, May 2, 1990; 62 FR 18043, Apr. 14, 1997;
66 FR 55566, Nov. 2, 2001] Cooking oil means any type of edible oil or animal fat used or
intended to be used for the preparation or cooking of food, but
151.03 Applicability. does not include the food itself that is prepared using these oils.
This subpart applies to each ship that must comply with Annex I,
II or V of MARPOL 73/78 unless otherwise indicated. Discharge means any release, however caused, from a ship and
includes any escape, disposal, spilling, leaking, pumping, emitting
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD or emptying. It does not include
88-002A, 55 FR 18582, May 2, 1990; 62 FR 18043, Apr. 14, 1997]
(1) Dumping within the meaning of the Convention on the
151.04 Penalties For Violation. Prevention of Marine Pollution by Dumping of Wastes and Other
(a) A person who violates MARPOL 73/78, the Act, or the Matter, done at London on 13 November 1972; or
regulations of this subpart is liable for a civil penalty for each
violation, as provided by 33 U.S.C. 1908(b)(1). Each day of a (2) Release of oil or oily mixtures directly arising from the
continuing violation constitutes a separate violation. exploration, exploitation and associated off-shore processing of
sea-bed mineral resources.
(b) A person who makes a false, fictitious statement or fraudulent
representation in any matter in which a statement or Discharge, as defined by MARPOL in relation to harmful
representation is required to be made to the Coast Guard under substances or effluent containing such substances, means any
MARPOL 73/78, the Act, or the regulations of this subpart, is release however caused from a ship, and includes any escape,
liable for a civil penalty for each statement or representation, as disposal, spilling, leaking, pumping, emitting or emptying. It does
provided by 33 U.S.C. 1908(b)(2). not include

333
(1) Dumping within the meaning of the Convention on the with other legitimate uses of the sea, and includes any substance
Prevention of Marine Pollution by Dumping of Wastes and Other subject to control by MARPOL.
Matter, done at London on November 13, 1972; or
Harmful to the marine environment in relation to the discharge
(2) The release of harmful substances directly arising from the of:
exploration, exploitation, and associated offshore processing of
seabed mineral resources; or (1) Cargo residues means residues of solid bulk substances
which are classified according to the criteria of the United Nations
(3) The release of harmful substances for purposes of legitimate Globally Harmonized System for Classification and Labeling of
scientific research relating to pollution abatement or control. Chemicals (UN GHS) meeting the following parameters:

Dishwater means the liquid residue from the manual or automatic (i) Acute Aquatic Toxicity Category 1; and/or
washing of dishes and cooking utensils which have been pre-
cleaned to the extent that any food particles adhering to them (ii) Chronic Aquatic Toxicity Category 1 or 2; and/or
would not normally interfere with the operation of automatic
dishwashers. (iii) Carcinogenicity Category 1A or 1B combined with not being
rapidly degradable and having high bioaccumulation; and/or
Domestic wastes means all types of wastes not covered by other
MARPOL annexes that are generated in the accommodation (iv) Mutagenicity Category 1A or 1B combined with not being
spaces on board the ship. Domestic wastes do not include rapidly degradable and having high bioaccumulation; and/or
graywater.
(v) Reproductive Toxicity Category 1A or 1B combined with not
En route means that the ship is underway at sea on a course or being rapidly degradable and having high bioaccumulation; and/or
courses, including deviation from the shortest direct route, which
as far as practicable for navigational purposes, will cause any (vi) Specific Target Organ Toxicity Repeated Exposure Category
discharge to be spread over as great an area of the sea as is 1 combined with not being rapidly degradable and having high
reasonable and practicable. bioaccumulation; and/or

Existing ship means a ship that is not a new ship. (vii) Solid bulk cargoes containing or consisting of synthetic
polymers, rubber, plastics, or plastic feedstock pellets (this
Fishing gear means any physical device or part thereof or includes materials that are shredded, milled, chopped, or
combination of items that may be placed on or in the water or on macerated or similar materials).
the sea-bed with the intended purpose of capturing, or controlling
for subsequent capture or harvesting, marine or fresh water (2) Cleaning agents or additives means a cleaning agent or
organisms. additive that is:

Fixed or floating drilling rig or other platform means a fixed or (i) A harmful substance in accordance with the criteria in
floating structure located at sea which is engaged in the MARPOL Annex III; and/or
exploration, exploitation, or associated offshore processing of
sea-bed mineral resources. (ii) Contains any components which are known to be carcinogenic,
mutagenic, or reprotoxic.
Food wastes means any spoiled or unspoiled food substances
and includes fruits, vegetables, dairy products, poultry, meat Notes to definition of Harmful to the marine environment:
products and food scraps generated aboard ship.
1. These criteria are based on UN GHS, fourth revised edition
Fuel oil means any oil used to fuel the propulsion and auxiliary (2011). For specific products (e.g., metals and inorganic metal
machinery of the ship carrying the fuel. The term fuel oil is also compounds), guidance available in UN GHS, annexes 9 and 10 is
known as oil fuel. essential for proper interpretation of the criteria and classification
and should be followed.
Garbage means all kinds of food wastes, domestic wastes and
operational wastes, all plastics, cargo residues, cooking oil, 2. These are products with a hazard statement classification for
fishing gear, and animal carcasses generated during the normal Carcinogenicity, Mutagenicity, Reproductive Toxicity, or Specific
operation of the ship and liable to be disposed of continuously or Target Organ Toxicity Repeated Exposure for oral hazards,
periodically except those substances which are defined or listed in dermal hazards, or without specification of the exposure route.
other Annexes to the present Convention. Garbage does not
include fresh fish and parts thereof generated as a result of High viscosity Category B NLS means any Category B NLS
fishing activities undertaken during the voyage, or as a result of having a viscosity of at least 25 mPa.s at 20 C and at least 25
aquaculture activities which involve the transport of fish including mPa.s at the time it is unloaded.
shellfish for placement in the aquaculture facility and the transport
of harvested fish including shellfish from such facilities to shore High viscosity Category C NLS means any Category C NLS
for processing. having a viscosity of at least 60 mPa.s at 20 C and at least 60
mPa.s at the time it is unloaded.
Graywater means drainage from dishwater, shower, laundry,
bath, and washbasin drains. It does not include drainage from High viscosity NLS includes Category A NLSs having a viscosity
toilets, urinals, hospitals, animal spaces, and cargo spaces. of at least 25 mPa.s at 20 C and at least 25 mPa.s at the time
they are unloaded, high viscosity Category B NLSs, and high
Great Lakes means the Great Lakes of North America and the St. viscosity Category C NLSs.
Lawrence River west of a rhumb line drawn from Cap des Rosiers
to West Point, Anticosti Island, and, on the north side of Anticosti Incinerator ashes means ash and clinkers resulting from
Island, the meridian of longitude 63 degrees west. shipboard incinerators used for the incineration of garbage.

Harmful substance means any substance which, if introduced Instantaneous rate of discharge of oil content means the rate
into the sea, is liable to create hazards to human health, harm of discharge of oil in liters per hour at any instant divided by the
living resources and marine life, damage amenities, or interfere speed of the ship in knots at the same instant.

334
International Maritime Organization (IMO) guidelines means (3) The delivery of which is after December 31, 1979; or
the guidelines for the Implementation of MARPOL Annex V (IMO
Resolution MEPC.219(63), adopted March 2, 2012) and other (4) That has undergone a major conversion
garbage pollution related guidance approved or adopted by the
IMO. (i) For which the contract is placed after December 31, 1975;

Length means the horizontal distance between the foremost part (ii) In the absence of a contract, the construction work of which is
of a ship's stem to the aftermost part of its stern, excluding fittings begun after June 30, 1976; or
and attachments.
(iii) That is completed after December 31, 1979.
Major conversion means a conversion of an existing ship
(5) For the purposes of 151.26 through 151.28, which is
(1) That substantially alters the dimensions or carrying capacity of delivered on or after April 4, 1993.
the ship; or
NLS means Noxious Liquid Substance.
(2) That changes the type of the ship; or
NLS Certificate means an International Pollution Prevention
(3) The intent of which, in the opinion of the government of the Certificate for the Carriage of Noxious Liquid Substances in Bulk
country under whose authority the ship is operating, is issued under MARPOL.
substantially to prolong its life; or
Noxious liquid substance (NLS) means
(4) Which otherwise so alters the ship that, if it were a new ship, it
would become subject to relevant provisions of MARPOL not (1) Each substance listed in 151.47 or 151.49;
applicable to it as an existing ship.
(2) Each substance having an A, B, C, or D beside it's
Marine pollutant means a harmful substance in packaged form, name in the column headed Pollution Category in Table 1 of 46
as it appears in Appendix B of 49 CFR 172.101. CFR Part 153; and

MARPOL means the International Convention for the Prevention (3) Each substance that is identified as an NLS in a written
of Pollution from Ships, 1973, as modified by the Protocols of permission issued under 46 CFR 153.900 (d).
1978 and 1997 relating to that Convention. A copy of MARPOL is
available from the International Maritime Organization, 4 Albert Oceangoing ship means a ship that
Embankment, London, SE1, 7SR, United Kingdom.
(1) Is operated under the authority of the United States and
Medical waste means isolation wastes, infectious agents, human engages in international voyages;
blood and blood products, pathological wastes, sharps, body
parts, contaminated bedding, surgical wastes and potentially (2) Is operated under the authority of the United States and is
contaminated laboratory wastes, dialysis wastes, and such certificated for ocean service;
additional medical items as prescribed by the Administrator of the
EPA by regulation. (3) Is operated under the authority of the United States and is
certificated for coastwise service beyond three miles from land;
Navigable waters means the territorial sea of the United States
(as defined in Presidential Proclamation 5928 of December 27, (4) Is operated under the authority of the United States and
1988) and the internal waters of the United States. operates at any time seaward of the outermost boundary of the
territorial sea of the United States as defined in 2.22 of this
Nearest land. The term from the nearest land means from the chapter; or
baseline from which the territorial sea of the territory in question is
established in accordance with international law, except that, for (5) Is operated under the authority of a country other than the
the purposes of these regulations, from the nearest land off the United States.
northeastern coast of Australia shall mean from a line drawn from
a point on the coast of Australia inlatitude 1100 South, Note:A Canadian or U.S. ship being operated exclusively on the
longitude 14208 East to a point inlatitude 1035 South, Great Lakes of North America or their connecting and tributary
waters, or exclusively on the internal waters of the United States
longitude 14155 East, thence to a pointlatitude 1000
and Canada; is not an oceangoing ship.
South, longitude 14200 East, thence to a pointlatitude 9
10 South, longitude 14352 East, thence to a pointlatitude Oil means petroleum whether in solid, semi-solid, emulsified, or
900 South, longitude 14430 East, thence to a point liquid form, including but not limited to, crude oil, fuel oil, sludge,
latitude 1041 South, longitude 14500 East, thence to a oil refuse, oil residue, and refined products, and, without limiting
point latitude 13 00 South, longitude 145 00 East, the generality of the foregoing, includes the substances listed in
thence to a pointlatitude 1500 South, longitude 14600 Appendix I of Annex I of MARPOL. Oil does not include animal
East, thence to a pointlatitude 1730 South, longitude 147 and vegetable based oil or noxious liquid substances (NLS)
designated under Annex II of MARPOL.
00 East, thence to a pointlatitude 2100 South, longitude
15255 East, thence to a point on the coast of Australia in Oil cargo residue means any residue of oil cargo whether in
latitude 2442 South, longitude 15315 East. solid, semi-solid, emulsified, or liquid form from cargo tanks and
cargo pump room bilges, including but not limited to, drainages,
New ship means a ship leakages, exhausted oil, muck, clingage, sludge, bottoms, paraffin
(1) For which the building contract is placed after December 31, (wax), and any constituent component of oil. The term oil cargo
1975; or residue is also known as cargo oil residue.

(2) In the absence of a building contract, the keel of which is laid Oil-like NLS means each cargo listed in 151.49.
or which is at a similar stage of construction after June 30, 1976;
or Oil residue means oil cargo residue.

335
Oil residue (sludge) means the residual waste oil products considered a port for the purposes of this subpart; or
generated during the normal operation of a ship such as those
resulting from the purification of fuel or lubricating oil for main or (3) A place or facility that has been specifically designated as a
auxiliary machinery, separated waste oil from oil filtering port by the COTP.
equipment, waste oil collected in drip trays, and waste hydraulic
and lubricating oils. Prewash means a tank washing operation that meets the
procedure in 46 CFR 153.1120.
Oil residue (sludge) tank means a tank which holds oil residue
(sludge) from which sludge may be disposed directly through the Recognized Classification Society means a classification
standard discharge connection or any other approved means of society that is a participating member of the International
disposal. Association of Classification Societies (IACS).

Oil tanker means a ship constructed or adapted primarily to carry Recycling means the activity of segregating and recovering
oil in bulk in its cargo spaces and includes combination carriers components and materials for reprocessing.
and any chemical tanker as defined in Annex II of MARPOL
when it is carrying a cargo or part cargo of oil in bulk. Residues and mixtures containing NLSs (NLS residue)
means
Oily bilge water means water which may be contaminated by oil
resulting from things such as leakage or maintenance work in (1) Any Category A, B, C, or D NLS cargo retained on the ship
machinery spaces. Any liquid entering the bilge system including because it fails to meet consignee specifications;
bilge wells, bilge piping, tank top or bilge holding tanks is
considered oily bilge water. (2) Any part of a Category A, B, C, or D NLS cargo remaining on
the ship after the NLS is discharged to the consignee, including
Oily bilge water holding tank means a tank collecting oily bilge but not limited to puddles on the tank bottom and in sumps,
water prior to its discharge, transfer or disposal. clingage in the tanks, and substance remaining in the pipes; or

Oily mixture means a mixture, in any form, with any oil content. (3) Any material contaminated with Category A, B, C, or D NLS
cargo, including but not limited to bilge slops, ballast, hose drip
Oily mixture includes, but is not limited to pan contents, and tank wash water.

(1) Slops from bilges; Segregated ballast means the ballast water introduced into a
tank that is completely separated from the cargo oil and fuel oil
(2) Slops from oil cargoes (such as cargo tank washings, oily system and that is permanently allocated to the carriage of ballast
waste, and oily refuse); or to the carriage of ballast or cargoes other than oil or noxious
substances as variously defined in the Annexes of MARPOL.
(3) Oil residue (sludge); and
Ship means a vessel of any type whatsoever, operating in the
(4) Oily ballast water from cargo or fuel oil tanks. marine environment. This includes hydrofoils, air-cushion vehicles,
submersibles, floating craft whether self-propelled or not, and
Operational wastes means all solid wastes (including slurries) fixed or floating drilling rigs and other platforms.
not covered by other MARPOL Annexes that are collected on
board during normal maintenance or operations of a ship, or used Shipboard oil pollution emergency plan means a plan
for cargo stowage and handling. Operational wastes also include prepared, submitted, and maintained according to the provisions
cleaning agents and additives contained in cargo hold and of 151.26 through 151.28 of this subpart for United States
external wash water. Operational wastes does not include ships or maintained according to the provisions of 151.29(a) of
discharges essential to the operation of a ship, including but not this subpart for foreign ships operated under the authority of a
limited to graywater, bilge water, ballast water, controllable pitch country that is party to MARPOL or carried on board foreign ships
propeller and thruster hydraulic fluid and other oil to sea operated under the authority of a country that is not a party to
interfaces (e.g., thruster bearings, stabilizers, rudder bearings, MARPOL, while in the navigable waters of the United States, as
etc.), deck washdown and runoff and above water line hull evidence of compliance with 151.21 of this subpart.
cleaning (not harmful to the marine environment), firemain
systems water, gas turbine wash water, and/or non-oily Solidifying NLS means a Category A, B, or C NLS that has a
machinery wastewater. melting point

Person means an individual, firm, public or private corporation, (1) Greater than 0 C but less than 15 C and a temperature,
partnership, association, State, municipality, commission, political measured under the procedure in 46 CFR 153.908(d), that is less
subdivision of a State, or any interstate body. than 5 C above its melting point at the time it is unloaded; or

Plastic means a solid material, which contains as an essential (2) 15 C or greater and a temperature, measured under the
ingredient one or more high molecular mass polymers, and which procedure in 46 CFR 153.908(d), that is less than 10 C above its
is formed (shaped) during either the manufacture of the polymer melting point at the time it is unloaded.
or the fabrication into a finished product by heat and/or pressure.
Plastics have material properties ranging from hard and brittle to Special area means a sea area, where for recognized technical
soft and elastic. For the purposes of these regulations, all reasons in relation to its oceanographical and ecological condition
plastics means all garbage that consists of or includes plastic in and to the particular character of the traffic, the adoption of
any form, including synthetic ropes, synthetic fishing nets, plastic special mandatory methods for the prevention of sea pollution by
garbage bags and incinerator ashes from plastic products. oil, NLSs, or garbage is required.

Port means Terminal means an onshore facility or an offshore structure


located in the navigable waters of the United States or subject to
(1) A group of terminals that combines to act as a unit and be the jurisdiction of the United States and used, or intended to be
considered a port for the purposes of this subpart; used, as a port or facility for the transfer or other handling of a
harmful substance.
(2) A port authority or other organization that chooses to be

336
Note:The Coast Guard interprets commercial fishing facilities, 2240'.62 N; 06225'.29 E
recreational boating facilities, and mineral and oil industry 2147'.40 N; 06322'.22 E
shorebases to be terminals for the purposes of Annex V of 2030'.37 N; 06252'.41 E
MARPOL, since these facilities normally provide wharfage and 1945'.90 N; 06225'.97 E
other services, including garbage handling, for ships. 1849'.92 N; 06202'.94 E
1744'.36 N; 06105'.53 E
U.S. inspected ships means those ship required to be inspected 1643'.71 N; 06025'.62 E
and certificated under 46 CFR 2.01-7. 1603'.90 N; 05932'.24 E
1515'.20 N; 05858'.52 E
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8, 1436'.93 N; 05810'.23 E
1983] 1418'.93 N; 05727'.03 E
1411'.53 N; 05653'.75 E
Editorial Note:For Federal Register citations affecting 151.05, 1353'.80 N; 05619'.24 E
see the List of CFR Sections Affected, which appears in the 1345'.86 N; 05554'.53 E
Finding Aids section of the printed volume and at www.fdsys.gov. 1427'.38 N; 05451'.42 E
1440'.10 N; 05427'.35 E
151.06 Special Areas. 1446'.21 N; 05408'.56 E
(a) For the purposes of this part, the navigational descriptions of 1520'.74 N; 05338'.33 E
the special areas are as follows: 1548'.69 N; 05332'.07 E
1623'.02 N; 05314'.82 E
(1) The Mediterranean Sea area means the Mediterranean Sea
proper including the gulfs and seas therein, with the boundary (10) The Southern South African waters means the sea area
between the Mediterranean and the Black Sea constituted by the enclosed by the following co-ordinates:
41N parallel and bounded to the west by the Straits of Gibraltar
at the meridian of 536' W. 3114' S; 01750' E
3130' S; 01712' E
(2) The Baltic Sea means the Baltic Sea proper with the Gulf of 3200' S; 01706' E
Bothnia, the Gulf of Finland, and the entrance to the Baltic Sea 3232' S; 01652' E
bounded by the parallel of the Skaw in the Skagerrak at 5744.8' 3406' S; 01724' E
N. 3658' S; 02054' E
3600' S; 02230' E
(3) The Black Sea area means the Black Sea proper with the 3514' S; 02254' E
boundary between the Mediterranean Sea and the Black Sea 3430' S; 02600' E
constituted by the parallel 41 N. 3348' S; 02725' E
3327' S; 02712' E
(4) The Red Sea area means the Red Sea proper including the
Gulfs of Suez and Aqaba bounded at the south by the rhumb line (11) The North Sea area means the North Sea proper, including
between Ras si Ane (128.5' N, 4319.6' E) and Husn Murad seas within the North Sea southwards of latitude 62 N and
(1240.4' N, 4330.2' E). eastwards of longitude 4 W; the Skagerrak, the southern limit of
which is determined east of the Skaw by latitude 5744.8' N; and
(5) The Gulfs areas means the sea area located northwest of the the English Channel and its approaches eastwards of longitude 5
rhumb line between Ras al Hadd (2230' N, 5948' E) and Ras al W.
Fasteh (2504' N, 6125' E).
(12) The Wider Caribbean region means the Gulf of Mexico and
(6) The Gulf of Aden areas means the part of the Gulf of Aden Caribbean Sea proper, including the bays and seas therein and
between the Red Sea and the Arabian Sea bounded to the west that portion of the Atlantic Ocean within the boundary constituted
by the rhumb line between Ras si Ane (1228.5' N, 4319.6' E) by the 30 N parallel from Florida eastward to 7730' W meridian,
and Husn Murad (1240.4' N, 4330.2' E) and to the east by the thence a rhumb line to the intersection of 20 N parallel and 59
rhumb line between Ras Asir (1150' N, 5116.9' E) and the Ras W meridian, thence a rhumb line to the intersection of 720' N
Fartak (1535' N, 5213.8' E). parallel and 50 W meridian, thence a rhumb line drawn
southwesterly to the eastern boundary of French Guiana.
(7) The Antarctic areas means the sea south of 60 south
latitude. (b) Special areas for the purpose of Annex I of MARPOL 73/78
include those referenced in 151.13. Special areas for the
(8) The North West European waters mean the North Sea and purposes of Annex II of MARPOL 73/78 include those referenced
its approaches, the Irish Sea and its approaches, the Celtic Sea, in 151.32. Special areas for the purpose of Annex V of MARPOL
the English Channel and its approaches and part of the North 73/78 include those referenced in 151.53.
East Atlantic immediately to the west of Ireland. The area is
bounded by lines joining the following points: [CGD 94-056, 60 FR 43377, Aug. 21, 1995, as amended by
USCG-2008-0179, 73 FR 35013, June 19, 2008]
4827' N on the French coast 151.07 Delegations.
4827' N; 00625' W Each Coast Guard official designated as a Captain of the Port
4952' N; 00744' W (COTP) or Officer in Charge, Marine Inspection (OCMI) or
5030' N; 012 W Commanding Officer, Sector Office, is delegated the authority
5630' N; 012 W to
62 N; 003 W
62' N on the Norwegian coast (a) Issue International Oil Pollution Prevention (IOPP) Certificates;
5744'.8 N on the Danish and Swedish coasts.
(b) Detain or deny entry to ships not in substantial compliance
(9) The Oman area of the Arabian Sea means the sea enclosed with MARPOL 73/78 or not having an IOPP Certificate or
by the following co-ordinates: evidence of compliance with MARPOL 73/78 on board;

2230'.00 N; 05948'.00 E (c) Receive and investigate reports under 151.15; and
2347'.27 N; 06035'.73 E

337
(d) Issue subpoenas to require the attendance of any witness and (4) Any other ship specifically excluded by MARPOL 73/78.
the production of documents and other evidence, in the course of
investigations of potential violations of the Act to Prevent Pollution Note to 151.09(b): The term internal waters is defined in 2.24
from Ships, as amended (33 U.S.C. 1901-1911), this subpart, or of this chapter.
MARPOL 73/78.
(c) Sections 151.26 through 151.28 apply to each United States
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD oceangoing ship specified in paragraphs (a)(1) through (a)(4) of
88-002A, 55 FR 18582, May 2, 1990; USCG-2006-25556, 72 FR this section which is
36328, July 2, 2007]
(1) An oil tanker of 150 gross tons and above or other ship of 400
151.08 Denial Of Entry. gross tons and above; or
(a) Unless a ship is entering under force majeure, no oceangoing
tanker or any other oceangoing ship of 400 gross tons or more (2) A fixed or floating drilling rig or other platform, when not
required by 151.10 to retain oil, oil residue, or oily mixtures on engaged in the exploration, exploitation, or associated offshore
board while at sea, and no oceangoing ship carrying a Category A, processing of seabed mineral resources.
B, or C NLS cargo or NLS residue in cargo tanks that are required
to be prewashed under 46 CFR Part 153, may enter any port or (d) The requirements of 151.26 through 151.28
terminal under 158.110(a) of this chapter unless the port or
terminal has a Certificate of Adequacy, as defined in 158.120 of (1) Do not apply to
this chapter.
(i) The ships specified in paragraph (b) of this section; and
(b) A COTP may deny the entry of a ship to a port or terminal
under 158.110(b) if- (ii) Any barge or other ship, which is constructed or operated in
such a manner that no oil in any form can be carried aboard.
(1) The port or terminal does not have a Certificate of Adequacy,
as required in 158.135 of this chapter; or (2) Are considered to be met if a U.S.-flag vessel holds a USCG-
approved vessel response plan and provides evidence of
(2) The port or terminal is not in compliance with the requirements compliance with 33 CFR part 155, subpart D or J requirements.
of Subpart D of Part 158.
(e) Section 151.26(b)(5) applies to all vessels subject to the
[CGD 88-002, 54 FR 18404, Apr. 28, 1989; 66 FR 55566, Nov. 2, jurisdiction of the United States and operating in Antarctica.
2001]
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD
Oil Pollution 88-002A, 55 FR 18582, May 2, 1990; CGD 93-030, 59 FR 51338,
Oct. 7, 1994; CGD 97-015, 62 FR 18045, Apr. 14, 1997; USCG-
Source:Sections 151.09 through 151.25 appear by CGD 75-124a, 2006-25150, 71 FR 39209, July 12, 2006; USCG-2007-27887, 72
48 FR 45709, Oct. 6, 1983, unless otherwise noted. FR 45904, Aug. 16, 2007; USCG-2008-0179, 73 FR 35013, June
19, 2008; USCG-2008-1070, 78 FR 60120, Sept. 30, 2013]
151.09 Applicability.
(a) Except as provided in paragraph (b) of this section, 151.09
151.10 Control Of Oil Discharges.
through 151.25 apply to each ship that
(a) When more than 12 nautical miles from the nearest land, any
discharge of oil or oily mixtures into the sea from a ship other than
(1) Is operated under the authority of the United States and
an oil tanker or from machinery space bilges of an oil tanker is
engages in international voyages;
prohibited except when all of the following conditions are
satisfied-
(2) Is operated under the authority of the United States and is
certificated for ocean service;
(1) The oil or oily mixture does not originate from cargo pump
room bilges;
(3) Is operated under the authority of the United States and is
certificated for coastwise service beyond three nautical miles from
(2) The oil or oily mixture is not mixed with oil cargo residues;
land;
(3) The ship is not within a special area;
(4) Is operated under the authority of the United States and
operates at any time seaward of the outermost boundary of the
(4) The ship is proceeding enroute;
territorial sea of the United States as defined in 2.22(a)(2) of this
chapter; or
(5) The oil content of the effluent without dilution is less than 15
parts per million (ppm); and
(5) Is operated under the authority of a country other than the
(6) The ship has in operation oily-water separating equipment, a
United States while in the navigable waters of the United States,
bilge monitor, bilge alarm, or combination thereof as required by
or while at a port or terminal under the jurisdiction of the United
Part 155 Subpart B of this chapter.
States.
(b) When within 12 nautical miles of the nearest land, any
(b) Sections 151.09 through 151.25 do not apply to
discharge of oil or oily mixtures into the sea from a ship other than
an oil tanker or from machinery space bilges of an oil tanker is
(1) A warship, naval auxiliary, or other ship owned or operated by
prohibited except when all of the following conditions are
a country when engaged in noncommercial service;
satisfied-
(2) A Canadian or U.S. ship being operated exclusively on the
(1) The oil or oily mixture does not originate from cargo pump
Great Lakes of North America or their connecting and tributary
room bilges;
waters;
(2) The oil or oily mixture is not mixed with oil cargo residues;
(3) A Canadian or U.S. ship being operated exclusively on the
internal waters of the United States and Canada; or
(3) The oil content of the effluent without dilution does not exceed
15 ppm;

338
(4) The ship has in operation oily-water separating equipment, a [CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD
bilge monitor, bilge alarm, or combination thereof as required by 78-035, 50 FR 36793, Sept. 9, 1985. Redesignated by CGD 88-
Part 155 Subpart B of this chapter; and 002, 54 FR 18404, Apr. 28, 1989; 63 FR 35524, June 30, 1998;
66 FR 55566, Nov. 2, 2001]
(5) The oily-water separating equipment is equipped with a 15
ppm bilge alarm; for U.S. inspected ships, approved under 46 151.11 Exceptions For Emergencies.
CFR 162.050 and for U.S. uninspected ships and foreign ships, (a) Sections 151.10 and 151.13 do not apply to-
either approved under 46 CFR 162.050 or listed in the current
International Maritime Organization (IMO) Marine Environment (1) The discharge into the sea of oil or oily mixture necessary for
Protection Committee (MEPC) Circular summary of MARPOL the purpose of securing the safety of a ship or saving life at sea.
73/78 approved equipment.
(2) The discharge into the sea of oil or oily mixture resulting from
Note: In the navigable waters of the United States, the Federal damage to a ship or its equipment-
Water Pollution Control Act (FWPCA), section 311(b)(3) and 40
CFR Part 110 govern all discharges of oil or oily-mixtures. (2)(i) Provided that all reasonable precautions have been taken
after the occurrence of the damage or discovery of the discharge
(c) The overboard discharge of any oil cargo residues and oily for the purpose of preventing or minimizing the discharge; and
mixtures that include oil cargo residues from an oil tanker is
prohibited, unless discharged in compliance with part 157 of this (2)(ii) Except if the owner or the master acted either with intent to
chapter. cause damage, or recklessly and with knowledge that damage
would probably result.
(d) When more than 12 nautical miles from the nearest land, any
discharge of oil or oily mixtures into the sea from a ship other than (b) [Reserved]
an oil tanker or from machinery space bilges of an oil tanker; that
is not proceeding enroute; shall be in accordance with paragraphs [CGD 75-134a, 48 FR 45709, Oct. 6, 1983, as amended by CGD
(b)(1), (b)(2), (b)(3), (b)(4), and (b)(5) of this section. 88-002, 54 FR 18404, Apr. 28, 1989]

(e) The provisions of paragraphs (a), (b), (c) and (d) of this 151.13 Special areas for Annex I of MARPOL 73/78.
section do not apply to the discharge of clean or segregated (a) For the purposes of 151.09 through 151.25 of this subpart,
ballast. the special areas are the Mediterranean Sea area, the Baltic Sea
area, the Black Sea area, the Red Sea area, the Gulfs area, the
(f) The person in charge of an oceangoing ship that cannot Gulf of Aden, the Antarctic area, the North West European waters,
discharge oily mixtures into the sea in compliance with the Oman area of the Arabian Sea, and the Southern South
paragraphs (a), (b), (c), or (d) of this section must ensure that African Waters, which are described in 151.06 of this subpart.
those oily mixtures are- The discharge restrictions are effective in the Mediterranean Sea,
Baltic Sea, Black Sea, and the Antarctic area.
(1) Retained on board; or
(b) Subject to the provisions of 151.11
(2) Discharged to a reception facility. If the reception facility is in a
port or terminal in the United States, each person who is in (1) A ship of 400 gross tons or over and any oil tanker may not
charge of each oceangoing tanker or any other oceangoing ship discharge oil or oily mixture within a special area. In the Antarctic
of 400 gross tons or more shall notify the port or terminal, at least area, discharge into the sea of oil or oily mixture from any ship is
24 hours before entering the port or terminal, of- prohibited.

(2)(i) The estimated time of day the ship will discharge oily (2) A ship of less than 400 gross tons other than an oil tanker may
mixtures; not discharge oil or oily mixture within a special area, unless the
oil content of the effluent without dilution does not exceed 15
(2)(ii) The type of oily mixtures to be discharged; and parts per million (ppm).

(2)(iii) The volume of oily mixtures to be discharged. (3) All ships operating in the Antarctic area must have on board a
tank or tanks of sufficient capacity to retain all oily mixtures while
Note: There are Federal, state, or local laws or regulations that operating in the area and arrangements made to discharge oily
could require a written description of the oil residues and oily mixtures at a reception facility outside the Antarctic area.
mixtures to be discharged. For example, a residue or mixture
containing oil might have a flashpoint less than 60C (140F) and (c) The provisions of paragraph (b) of this section do not apply to
thus have the characteristic of ignitability under 40 CFR 261.21, the discharge of clean or segregated ballast.
which might require a description of the waste for a manifest
under 40 CFR Part 262, Subpart B. Occupational safety and (d) The provisions of paragraph (b)(1) of this section do not apply
health concerns may be covered, as well as environmental ones. to the discharge of processed bilge water from machinery space
bilges, provided that all of the following conditions are satisfied
The notice required in this section is in addition to those required
by other Federal, state, and local laws and regulations. Affected (1) The bilge water does not originate from cargo pump room
persons should contact the appropriate Federal, state, or local bilges;
agency to determine whether other notice and information
requirements, including 40 CFR Parts 262 and 263, apply to them. (2) The bilge water is not mixed with oil cargo residues;

(g) No discharge into the sea shall contain chemicals or other (3) The ship is proceeding enroute;
substances introduced for the purpose of circumventing the
conditions of discharge specified in this regulation. (4) The oil content of the effluent without dilution does not exceed
15 ppm;
(h) This section does not apply to a fixed or floating drilling rig or
other platform that is operating under a National Pollutant (5) The ship has in operation oily-water separating equipment
Discharge Elimination System (NPDES) permit. complying with part 155 of this chapter; and

339
(6) The oily-water separating equipment is equipped with a device (vi) The nature of damage to the vessel; and
that stops the discharge automatically when the oil content of the
effluent exceeds 15 ppm. (vii) Failure or breakdown aboard the vessel of its machinery or
equipment. Such damage may be caused by collision, grounding,
(e) No discharge into the sea shall contain chemicals or other fire, explosion, structural failure, flooding or cargo shifting or a
substances introduced for the purpose of circumventing the failure or breakdown of steering gear, propulsion, electrical
conditions of discharge specified in this section. generating system or essential shipboard navigational aids.

(f) The oily mixtures that cannot be discharged into the sea in (d) Each report must be made by radio whenever possible, or by
compliance with paragraphs (b), (c), or (d) of this section shall be the fastest telecommunications channels available with the
retained on board or discharged to reception facilities. highest possible priority at the time the report is made to

(g) Nothing in this section prohibits a ship on a voyage, only part (1) The appropriate officer or agency of the government of the
of which is in a special area, from discharging outside the special country in whose waters the incident occurs; and
area in accordance with 151.10.
(2) The nearest Captain of the Port (COTP) or the National
(h) In accordance with Regulation 38.6.1 of Annex I of MARPOL Response Center (NRC), toll free number 800-424-8802 (in
73/78, the discharge restriction in 151.13 for the Red Sea area, Washington, DC, metropolitan area, 202-267-2675), fax 202-267-
Gulfs area, Gulf of Aden area, the Oman area of the Arabian Sea, 1322, telex number 892427 for incidents involving U.S. vessels in
and the Southern South African waters will enter into effect when any body of water; or incidents involving foreign flag vessels in
each party to MARPOL 73/78 whose coastline borders the special the navigable waters of the United States; or incidents involving
area has certified that reception facilities are available and the foreign-flag tank vessels within waters subject to the jurisdiction of
IMO has established an effective date for each special area. the United States, including the Exclusive Economic Zone (EEZ).
Notice of the effective dates for the discharge requirements in
these special areas will be published in the Federal Register and (e) Each report must contain
reflected in this section.
(1) The identity of the ship;
[CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8,
1983, as amended by CGD 88-002, 54 FR 18404, Apr. 28, 1989; (2) The type of harmful substance involved;
CGD 88-002A, 55 FR 18582, May 2, 1990; CGD 94-056, 60 FR
43377, Aug. 21, 1995; USCG-2000-7641, 66 FR 55571, Nov. 2, (3) The time and date of the incident;
2001; USCG-2008-0179, 73 FR 35013, June 19, 2008]
(4) The geographic position of the vessel when the incident
151.15 Reporting requirements. occurred;
(a) The master, person in charge, owner, charterer, manager, or
operator of a vessel involved in any incident described in (5) The wind and the sea condition prevailing at the time of the
paragraph (c) of this section must report the particulars of the incident;
incident without delay to the fullest extent possible under the
provisions of this section. (6) Relevant details respecting the condition of the vessel;

(b) If a vessel involved in an incident is abandoned, or if a report (7) A statement or estimate of the quantity of the harmful
from that vessel is incomplete or unattainable, the owner, substance discharged or likely to be discharged into the sea; and
charterer, manager, operator, or their agent must assume the
obligations placed upon the master or other person having charge (8) Assistance and salvage measures.
of the vessel under provisions of this section.
(f) A person who is obligated under the provisions of this section
(c) The report must be made whenever an incident involves to send a report must

(1) A discharge of oil, hazardous substances, marine pollutants, (1) Supplement the initial report, as necessary, with information
or noxious liquid substances (NLS) resulting from damage to the concerning further developments; and
vessel or its equipment, or for the purpose of securing the safety
of a vessel or saving a life at sea; (2) Comply as fully as possible with requests from affected
countries for additional information concerning the incident.
(2) A discharge of oil in excess of the quantities or instantaneous
rate permitted in 151.10 or 151.13 of this chapter, or NLS in (g) A report made under this section satisfies the reporting
bulk, in 46 CFR 153.1126 or 153.1128, during the operation of the requirements of 153.203 of this chapter and of 46 CFR 4.05-1
vessel; and 4.05-2, if required under those provisions.
(3) A discharge of marine pollutants in packaged form; or [USCG-2000-6927, 70 FR 74675, Dec. 16, 2005, as amended by
USCG-2006-25150, 71 FR 39209, July 12, 2006; USCG-2008-
(4) A probable discharge resulting from damage to the vessel or 0179, 73 FR 35014, June 19, 2008]
its equipment. The factors you must consider to determine
whether a discharge is probable include, but are not limited to 151.17 Surveys.
(a) Every U.S. oil tanker of 150 gross tons and above, and every
(i) Ship location and proximity to land or other navigational other U.S. ship of 400 gross tons and above; that is required to
hazards; have an International Oil Pollution Prevention (IOPP) Certificate
on board and to which this part applies, except as provided for in
(ii) Weather; paragraphs (b) and (d) of this section; is subject to the following
surveys conducted by the Coast Guard
(iii) Tide current;
(1) An initial survey, conducted before the ship is put in service or
(iv) Sea state; before an IOPP Certificate required under 151.19 is issued for
the first time; this survey includes a complete examination of its
(v) Traffic density; structure, equipment, systems, fittings, arrangements and
material in so far as the ship is covered by this chapter.

340
(2) Periodic renewal surveys conducted at intervals corresponding (c) An IOPP Certificate is issued by a COTP, OCMI, or a
with the renewal of the IOPP Certificates. The purpose of the classification society authorized under 46 CFR part 8, after a
survey is to determine whether the structure, equipment, systems, satisfactory survey in accordance with the provisions of 151.17.
fittings, arrangements, and material comply with the requirements
of parts 155 and 157 of this chapter. (d) The Supplement to the IOPP Certificate is a part of the IOPP
Certificate and must remain attached to that Certificate. If the
(3) Annual surveys for inspected ships conducted as close as Supplement to the Certificate is changed, a new IOPP Certificate
practicable to twelve (12) and thirty-six (36) months from the date will be required.
of issuance of the IOPP Certificate, and not more than two
months prior to or later than these twelve and thirty-six month (e) The IOPP Certificate for each inspected or uninspected ship is
dates; this survey is to determine that the oily-water separating valid for a maximum period of 5 years from the date of issue,
equipment and associated pumps and piping systems remain except as follows:
satisfactory for the service intended, and that no unauthorized
alterations have been made, and is to be endorsed on the IOPP (1) A Certificate ceases to be valid if significant alterations have
Certificate. taken place in the construction, equipment, fittings, or
arrangements required by the pollution prevention requirements
(4) Intermediate surveys for inspected ships conducted as close of parts 155 or 157 of this chapter without the approval of the
as practicable to twenty-four (24) months from the date of COTP or the OCMI.
issuance of the IOPP Certificates, and not more than six months
prior to or later than that twenty-four month date; this survey is to (2) A Certificate ceases to be valid if intermediate surveys as
determine whether the equipment and associated pump and required by 151.17 of this part are not carried out.
piping systems, including oil discharge monitoring and control
systems, and oily-water separating equipment comply with the (3) A Certificate issued to a ship ceases to be valid upon transfer
requirements of parts 155 and 157 of this chapter, and are in of the ship to the flag of another country.
good working order, and is to be endorsed on the IOPP Certificate.
(Approved by the Office of Management and Budget under control
(5) Intermediate surveys for uninspected ships conducted as number 1625-0041)
close as practicable to thirty (30) months from the date of
issuance of the IOPP Certificate, and not more than six months [CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD
prior to or later than that thirty month date; this survey is to 95-010, 62 FR 67531, Dec. 24, 1997; USCG-1998-3799, 63 FR
determine whether the equipment and associated pump and 35530, June 30, 1998; USCG-2000-7223, 65 FR 40057, June 29,
piping systems, including oil discharge monitoring and control 2000; USCG-2000-7641, 66 FR 55571, Nov. 2, 2001; USCG-
systems, and oily-water separating equipment comply with the 2006-25150, 71 FR 39209, July 12, 2006]
requirements of parts 155 and 157 of this chapter, and are in
good working order, and is to be endorsed on the IOPP Certificate. 151.21 Ships Of Countries Not Party To MARPOL 73/78.
(a) Each oil tanker of 150 gross tons and above and each other
(b) Every U.S. inspected oil tanker of 150 gross tons and above, ship of 400 gross tons and above, operated under the authority of
and every other U.S. inspected ship of 400 gross tons and above; a country not a party to MARPOL 73/78, must have on board valid
that is not required to have an IOPP Certificate on board is documentation showing that the ship has been surveyed in
subject to the following surveys to be conducted by the Coast accordance with and complies with the requirements of MARPOL
Guard 73/78. Evidence of compliance may be issued by either the
government of a country that is party to MARPOL 73/78 or a
(1) An initial survey conducted before the ship is put into service. recognized classification society.

(2) All other surveys are conducted concurrently with either (b) Evidence of compliance must contain all of the information in,
inspections for certification or required reinspections. and have substantially the same format as, the IOPP Certificate.

(c) After any survey of a ship under this section has been (Approved by the Office of Management and Budget under control
completed, no significant change may be made in the number 1625-0019)
construction, equipment, fittings, arrangements or material
covered by the survey without the sanction of the COTP or OCMI [CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD
except for the direct replacement of such equipment or fittings. 93-030, 59 FR 51338, Oct. 7, 1994; USCG-2006-25150, 71 FR
39209, July 12, 2006]
(d) Fixed and floating drilling rigs and other platforms, barges, and
uninspected ships; that are not required to have an IOPP 151.23 Inspection For Compliance And Enforcement.
Certificate on board are not required to be surveyed under this (a) While at a port or terminal under the jurisdiction of the United
section. States, a ship is subject to inspection by the Coast Guard-

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by (1) To determine that a valid IOPP Certificate is on board and that
USCG-1998-3799, 63 FR 35530, June 30, 1998] the condition of the ship and its equipment corresponds
substantially with the particulars of the IOPP Certificate;
151.19 International Oil Pollution Prevention (IOPP)
Certificates. (2) To determine that evidence of compliance with MARPOL
(a) Each U.S. oil tanker of 150 gross tons and above and each 73/78, as required by 151.21 is on board and that the condition
other U.S. ship of 400 gross tons and above; that engages in of the ship and its equipment corresponds substantially with the
voyages to ports or off-shore terminals under the jurisdiction of particulars of this evidence of compliance;
other parties to MARPOL 73/78 must have on board a valid
International Oil Pollution Prevention (IOPP) Certificate. (3) To determine whether a ship has been operating in
accordance with and has not discharged any oil or oily mixtures in
(b) Each oil tanker of 150 gross tons and above and each other violation of the provisions of MARPOL 73/78 or this subchapter;
ship of 400 gross tons and above, operated under the authority of
a country other than the United States that is party to MARPOL (4) To determine whether a ship has discharged oil or oily
73/78, must have on board a valid IOPP Certificate. mixtures anywhere in violation of MARPOL 73/78, upon request
from a party to MARPOL 73/78 for an investigation when the

341
requesting party has furnished sufficient evidence to support a (6) Discharge of ballast except from segregated ballast tanks;
reasonable belief that a discharge has occurred.
(7) Discharge of water from slop tanks;
(b) A ship that does not comply with the requirements of Parts
151, 155 and 157 of this chapter, or where the condition of the (8) Closing of all applicable valves or similar devices after slop
ship or its equipment does not substantially agree with the tank discharge operations;
particulars of the IOPP Certificate or other required
documentation, may be detained by order of the COTP or OCMI, (9) Closing of valves necessary for isolation of dedicated clean
at the port or terminal where the violation is discovered until, in ballast tanks from cargo and stripping lines after slop tank
the opinion of the detaining authority, the ship can proceed to sea discharge operations;
without presenting an unreasonable threat of harm to the marine
environment. The detention order may authorize the ship to (10) Disposal of oil residue; and
proceed to the nearest appropriate available shipyard rather than
remaining at the place where the violation was discovered. (11) Any failure of, and the reasons for, the oil discharge
monitoring and control system.
(c) An inspection under this section may include an examination
of the Oil Record Book, the oil content meter continuous records, (f) Entries shall be made in the Oil Record Book on each occasion,
and a general examination of the ship. A copy of any entry in the on a tank-to-tank basis if appropriate, whenever any of the
Oil Record Book may be made and the Master of the ship may be following operations take place on a fixed or floating drilling rig or
required to certify that the copy is a true copy of such entry. other platform to which this section applies

[CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD (1) Discharge of ballast or cleaning water from fuel oil tanks; and
88-002A, 55 FR 18582, May 2, 1990]
(2) Discharge overboard of platform machinery space bilge water.
151.25 Oil Record Book.
(a) Each oil tanker of 150 gross tons and above, ship of 400 gross (g) In the event of an emergency, accidental or other exceptional
tons and above other than an oil tanker, and manned fixed or discharge of oil or oily mixture, a statement shall be made in the
floating drilling rig or other platform shall maintain an Oil Record Oil Record Book of the circumstances of, and the reasons for, the
Book Part I (Machinery Space Operations). An oil tanker of 150 discharge.
gross tons and above or a non oil tanker that carries 200 cubic
meters or more of oil in bulk, shall also maintain an Oil Record (h) Each operation described in paragraphs (d), (e) and (f) of this
Book Part II (Cargo/Ballast Operations). section shall be fully recorded without delay in the Oil Record
Book so that all the entries in the book appropriate to that
(b) An Oil Record Book printed by the U.S. Government is operation are completed. Each completed operation shall be
available to the masters or operators of all U.S. ships subject to signed by the person or persons in charge of the operations
this section, from any Coast Guard Sector Office, Marine concerned and each completed page shall be signed by the
Inspection Office, or Captain of the Port Office. master or other person having charge of the ship.

(c) The ownership of the Oil Record Book of all U.S. ships (i) The Oil Record Book shall be kept in such a place as to be
remains with the U.S. Government. readily available for inspection at all reasonable times and shall
be kept on board the ship.
(d) Entries shall be made in the Oil Record Book on each
occasion, on a tank to tank basis if appropriate, whenever any of (j) The master or other person having charge of a ship required to
the following machinery space operations take place on any ship keep an Oil Record Book shall be responsible for the
to which this section applies maintenance of such record.

(1) Ballasting or cleaning of fuel oil tanks; (k) The Oil Record Book for a U.S. ship shall be maintained on
board for not less than three years.
(2) Discharge of ballast containing an oily mixture or cleaning
water from fuel oil tanks; (l) This section does not apply to a barge or a fixed or floating
drilling rig or other platform that is not equipped to discharge
(3) Disposal of oil residue; overboard any oil or oily mixture.

(4) Discharge overboard or disposal otherwise of bilge water that (m) This section does not apply to a fixed or floating drilling rig or
has accumulated in machinery spaces; other platform that is operating in compliance with a valid National
Pollutant Discharge Elimination System (NPDES) permit.
(5) Bunkering of fuel or bulk lubricating oil; and
(Approved by the Office of Management and Budget under control
(6) Any failure, and the reasons for, of the oil filtering equipment. number 1625-0009)

(e) Entries shall be made in the Oil Record Book on each [CGD 75-124a, 48 FR 45709, Oct. 6, 1983; 48 FR 54977, Dec. 8,
occasion, on a tank to tank basis if appropriate, whenever any of 1983, as amended by CGD 88-002A, 55 FR 18582, May 2, 1990;
the following cargo/ballast operations take place on any oil tanker USCG-2000-7641, 66 FR 55571, Nov. 2, 2001; USCG-2006-
to which this section applies 25150, 71 FR 39209, July 12, 2006; USCG-2006-25556, 72 FR
36328, July 2, 2007]
(1) Loading of oil cargo;
151.26 Shipboard Oil Pollution Emergency Plans.
(2) Internal transfer of oil cargo during voyage; (a) Language of the plan. The shipboard oil pollution emergency
plan must be available on board in English and in the working
(3) Unloading of oil cargo; language of the master and the officers of the ship, if other than
English.
(4) Ballasting of cargo tanks and dedicated clean ballast tanks;
(b) Plan format. The plan must contain the following six sections.
(5) Cleaning of cargo tanks including crude oil washing; A seventh non-mandatory section may be included at the

342
shipowner's discretion: shore-based plans. Additionally, the Preamble section of the plan
must clearly recognize coastal States' rights to approve oil
(1) Introduction. This section must contain the following: pollution response in their waters by stating the following:

(i) Introductory text. The introductory text of the plan must


contain the following language (For ships operating in Antarctica, Without interfering with shipowner's liability, some coastal States
the introductory text of the plan must contain the following consider that it is their responsibility to define techniques and
language and explain that they are in accordance with the means to be taken against an oil pollution incident and approve
Protocol on Environmental Protection to the Antarctic Treaty): such operations that might cause further pollution, i.e., lightening.
States are entitled to do so under the International Convention
relating to Intervention on the High Seas in Cases of Oil Pollution
This plan is written in accordance with the requirements of Casualties, 1969 (Intervention Convention).
Regulation 37 of Annex I of the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the (3) Reporting Requirements. This section of the plan must
Protocol of 1978 relating thereto (MARPOL 73/78). include information relating to the following:

The purpose of the plan is to provide guidance to the master and (i) When to report. A report shall be made whenever an incident
officers on board the ship with respect to the steps to be taken involves
when a pollution incident has occurred or is likely to occur.
(A) A discharge of oil above the permitted level for any reason,
The plan contains all information and operational instructions including those for the purpose of securing the safety of the ship
required by the guidelines (Resolution MEPC.54(32) as amended or saving life at sea;
by Resolution MEPC.86(44)). The appendices contain names,
telephone numbers, telex numbers, etc. of all contacts referenced (B) A discharge of oil or oily mixture during the operation of the
in the plan, as well as other reference material. ship in excess of the quantities or instantaneous rate permitted in
151.10 of this subpart or in 157.37 of this subchapter; or
This plan has been approved by the Coast Guard and, except as
provided below, no alteration or revision may be made to any part (C) A probable discharge. Factors to be considered in
of it without the prior approval of the Coast Guard. determining whether a discharge is probable include, but are not
limited to: ship location and proximity to land or other navigational
Changes to the seventh section of the plan and the appendices hazards, weather, tide, current, sea state, and traffic density. The
do not require approval by the Coast Guard. The appendices master must make a report in cases of collision, grounding, fire,
must be maintained up-to-date by the owners, operators, and explosion, structural failure, flooding or cargo shifting, or an
managers. incident resulting in failure or breakdown of steering gear,
propulsion, electrical generating system, or essential shipborne
(ii) General information. navigational aids.

(A) The ship's name, call sign, official number, International (ii) Information required. This section of the plan must include a
Maritime Organization (IMO) international number, and principal notification form, such as the one depicted in Table
characteristics. 151.26(b)(3)(ii), that includes all the data elements required in
Resolution A.851(20) and contains information to be provided in
(B) [Reserved] the initial and follow-up notifications. The official number of the
vessel and current conditions of the vessel are to be included. In
(2) Preamble. The plan must be realistic, practical, and easy to addition, the initial notification should include as much of the
use, and the Preamble section of the plan must reflect these three information on the form as possible, and supplemental information,
features of the plan. The use of flowcharts, checklists, and as appropriate. However, the initial notification must not be
appendices within the plan will aid in addressing this requirement. delayed pending collection of all information. Copies of the form
This section must contain an explanation of the purpose and use must be placed at the location(s) on the ship from which
of the plan and indicate how the shipboard plan relates to other notification may be made.

343
(iii) Whom to contact. (NRC), toll free telephone number: 800-424-8802, direct
telephone: 202-267-2675, or Fax: 202-267-1322.
(A) This section of the plan must make reference to the
appendices listing coastal state contacts, port contacts, and ship (C) For Antarctica, in addition to compliance with paragraph
interest contacts. In order to expedite response and minimize (b)(3)(iii)(B) of this section, reports shall also be directed to any
damage from a pollution incident, it is essential that appropriate Antarctic station that may be affected.
coastal States should be notified without delay. This process
begins with the initial report required by article 8 and Protocol I of (D) The plan must clearly specify who will be responsible for
MARPOL 73/78. informing the necessary parties from the coastal State contacts,
the port contacts, and the ship interest contacts.
(B) For actual or probable discharges of oil, or oily mixtures the
reports must comply with the procedures described in MARPOL (4) Steps to control a discharge. This section of the plan must
Protocol I. The reports shall be directed to either the nearest contain a discussion of procedures to address the following
Captain of the Port (COTP) or to the National Response Center scenarios:

344
(i) Operational spills: The plan must outline procedures for safe (2) Personnel protection issues;
removal of oil spilled and contained on deck. The plan must also
provide guidance to ensure proper disposal of recovered oil and (3) Protective equipment;
cleanup materials;
(4) Threats to health and safety;
(ii) Spills resulting from casualties: Casualties should be
treated in the plan as a separate section. The plan should include (5) Containment and other response techniques;
various checklists or other means that will ensure the master
considers all appropriate factors when addressing the specific (6) Isolation procedures;
casualty (Reference is made here to the International Safety
Management (ISM) Code, Section 8). These checklists must be (7) Decontamination of personnel; and
tailored to the specific ship and to the specific product or product
types. In addition to the checklists, specific personnel (8) Disposal of removed oil and clean-up materials; and
assignments for anticipated tasks must be identified. Reference to
existing fire control plans and muster lists is sufficient to identify (E) Drawings and ship-specific details: Supporting plans,
personnel responsibilities. The following are examples of drawings, and ship-specific details such as a layout of a general
casualties that must be considered arrangement plan, midship section, lines or tables of offsets, and
tank tables must be included with the plan. The plan must show
(A) Grounding; where current cargo, bunker or ballast information, including
quantities and specifications, is available.
(B) Fire or explosion;
(5) National and Local Coordination.
(C) Collision/Allision;
(i) This section of the plan must contain information to assist the
(D) Hull failure; master in initiating action by the coastal State, local government,
or other involved parties. This information must include guidance
(E) Excessive list; to assist the master with organizing a response to the incident,
should a response not be organized by the shore authorities.
(F) Containment system failure; Detailed information for specific areas may be included as
appendices to the plan. See 33 CFR 151.26(b)(2) (Preamble)
(G) Submerged/Foundered; regarding a ship owner's responsibility to comply with individual
state requirements for oil spill response.
(H) Wrecked/Stranded; and
(ii) For Antarctica, a vessel owner or operator must include a plan
(I) Hazardous vapor release. for prompt and effective response action to such emergencies as
might arise in the performance of its vessel's activities.
(iii) In addition to the checklist and personnel duty assignments
required by paragraph (b)(4)(ii) of this section, the plan must (iii) To comply with paragraph (b)(5)(ii) of this section, an agency
include of the United States government may promulgate a directive
providing for prompt and effective response by the agency's
(A) Priority actions to ensure the safety of personnel and the ship, public vessels operating in Antarctica.
assess the damage to the ship, and take appropriate further
action; (6) Appendices. Appendices must include the following
information:
(B) Stability and strength considerations: The plan should provide
the master with detailed guidance to ensure that great care in (i) Twenty-four hour contact information and alternates to the
casualty response must be taken to consider stability and strength designated contacts. These details must be routinely updated to
when taking actions to mitigate the spillage of oil or to free the account for personnel changes and changes in telephone, telex,
vessel if aground. Information for making damage stability and and telefacsimile numbers. Clear guidance must also be provided
longitudinal strength assessments, or contacting classification regarding the preferred means of communication.
societies to acquire such information, should be included. Where
appropriate, the plan should provide a list of information for (ii) The following lists, each identified as a separate appendix:
making damage stability and damage longitudinal strength
assessments. The damage stability information for oil tankers and (A) A list of agencies or officials of coastal state administrations
offshore oil barges in 33 CFR 155.240 is required to be provided responsible for receiving and processing incident reports;
in the SOPEP;
(B) A list of agencies or officials in regularly visited ports. When
(C) Lightening procedures to be followed in cases of extensive this is not feasible, the master must obtain details concerning
structural damage: The plan must contain information on local reporting procedures upon arrival in port; and
procedures to be followed for ship-to-ship transfer of cargo.
Reference may be made in the plan to existing company guides. (C) A list of all parties with a financial interest in the ship such as
A copy of such company procedures for ship-to-ship transfer ship and cargo owners, insurers, and salvage interests.
operations must be kept in the plan. The plan must address the
coordination of this activity with the coastal or port state, as (D) A list which specifies who will be responsible for informing the
appropriate; parties listed and the priority in which they must be notified.

(D) Mitigating activities: The spill mitigation requirements of 33 (iii) A record of annual reviews and changes.
CFR 155.1035(c) must be met for tankships, the requirements of
33 CFR 155.1040(c) must be met for unmanned vessels, and the (7) Non-mandatory provisions. If this section is included by the
requirements of 33 CFR 155.5035(c) must be met for nontank shipowner, it should include the following types of information or
vessels. Additionally, the following personnel safety mitigation any other information that may be appropriate:
strategies must be addressed for all personnel involved
(i) Response equipment or oil spill removal organizations;
(1) Assessment and monitoring activities;

345
(ii) Public affairs practices; by using the Vessel Response Plan Electronic Submission Tool
available at https://homeport.uscg.mil/vrpexpress.
(iii) Recordkeeping;
(h) If plans are submitted in paper format, owners or operators
(iv) Plan exercising; and should use CG Form Application for Approval/Revision of Vessel
Pollution Response Plans (CG-6083) located at:
(v) Individuals qualified to respond. http://www.uscg.mil/forms/CG/CG_6083.pdf in lieu of a cover
letter to make initial application for plan submission and revision.
(8) Index of sections. The plan must be organized as depicted in
Table 151.26(b)(8). [CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD
96-026, 61 FR 33665, June 28, 1996; USCG-1998-3799, 63 FR
Table 151.26(b)(8)Index of SectionsSample Format 35530, June 30, 1998; USCG-2008-0179, 73 FR 35014, June 19,
2008; USCG-2010-0351, 75 FR 36284, June 25, 2010; USCG-
Mandatory 2008-1070, 78 FR 60122, Sept. 30, 2013; USCG-2014-0410, 79
FR 38435, July 7, 2014]
Section 1: Introduction
151.28 Plan Review And Revision.
Section 2: Preamble (a) An owner or operator of a ship to which this subpart applies
must review the shipboard oil pollution emergency plan annually
Section 3: Reporting requirements and submit a letter to Commandant (CG-5431) certifying that the
review has been completed. This review must occur within 1
Section 4: Steps to control a discharge month of the anniversary date of Coast Guard approval of the
plan.
Section 5: National and local coordination
(b) The owner or operator shall submit any plan amendments to
Section 6: Appendices Commandant (CG-5431) for information or approval.

Voluntary (c) The entire plan must be resubmitted to Commandant (CG-


5431) for reapproval 6 months before the end of the Coast Guard
Section 7: Non-mandatory provisions approval period identified in 151.27(e) of this subpart.

[CGD 93-030, 59 FR 51338, Oct. 7, 1994, as amended by CGD (d) A record of annual review and changes to the plan must be
97-015, 62 FR 18045, Apr. 14, 1997; USCG-2000-7641, 66 FR maintained in the last appendix of section six of the plan.
55571, Nov. 2, 2001; USCG-2008-0179, 73 FR 35014, June 19,
2008; USCG-2008-1070, 78 FR 60120, Sept. 30, 2013 (e) Except as provided in paragraph (f) of this section, revisions
must receive prior approval by the Coast Guard before they can
151.27 Plan Submission And Approval. be incorporated into the plan.
(a) No manned ship subject to this part may operate unless it
carries on board a shipboard oil pollution emergency plan (f) Revisions to the seventh section of the plan and the
approved by the Coast Guard. An unmanned ship subject to this appendices do not require approval by the Coast Guard. The
regulation must carry the notification list required in 151.26(b)(3) Coast Guard shall be advised and provided a copy of the
on board in the documentation container; remaining sections of revisions as they occur.
the plan must be maintained on file at the home office. For new
ships, plans must be submitted at least 90 days before the ship (g) Plans, including revisions, should be submitted electronically
intends to begin operations. by using the Vessel Response Plan Electronic Submission Tool
available at https://homeport.uscg.mil/vrpexpress.
(b) An owner or operator of a ship to which this part applies shall
prepare and submit one English language copy of the shipboard (h) If plans are submitted in paper format, owners or operators
oil pollution emergency plan to Commandant (CG-CVC-1), Attn: should use CG Form Application for Approval/Revision of Vessel
Domestic Vessels Division, U.S. Coast Guard Stop 7501, 2703 Pollution Response Plans (CG-6083) located at:
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. http://www.uscg.mil/forms/CG/CG_6083.pdf in lieu of a cover
letter to request the required resubmission, plan amendment, or
(c) An owner or operator with multiple ships to which this part revision.
applies may submit one plan for each type of ship with a separate
ship-specific appendix for each vessel covered by the plan. [CGD 93-030, 59 FR 51342, Oct. 7, 1994, as amended by CGD
96-026, 61 FR 33665, June 28, 1996; USCG-2008-0179, 73 FR
(d) Combined shipboard oil pollution emergency plans and 35014, June 19, 2008; USCG-2008-1070, 78 FR 60122, Sept. 30,
response plans meeting the requirements of subparts D and E of 2013]
part 155 of this chapter must be prepared according to
155.1030(j) of this chapter. 151.29 Foreign Ships.
(a) Each oil tanker of 150 gross tons and above and each other
(e) If the Coast Guard determines that the plan meets the ship of 400 gross tons and above, operated under the authority of
requirements of this section, the Coast Guard will issue an a country other than the United States that is party to MARPOL
approval letter. The approval period for a plan expires 5 years 73/78, shall, while in the navigable waters of the United States or
after the approval date. while at a port or terminal under the jurisdiction of the United
States, carry on board a shipboard oil pollution emergency plan
(f) If the Coast Guard determines that the plan does not meet the approved by its flag state.
requirements, the Coast Guard will notify the owner or operator of
the plan's deficiency. The owner or operator must then resubmit a (b) Each oil tanker of 150 gross tons and above and each other
copy of the revised plan or the corrected portions of the plan, ship of 400 gross tons and above, operated under the authority of
within the time period specified in the written notice provided by a country that is not a party to MARPOL 73/78, must comply with
the Coast Guard. 151.21 of this subpart while in the navigable waters of the United
States.
(g) Plans, including revisions, should be submitted electronically

346
[CGD 93-030, 59 FR 51342, Oct. 7, 1994] 151.32 Special Areas For The Purpose Of Annex II.
(a) For the purposes of 151.30 through 151.49, the special
Noxious liquid substance pollution areas are the Baltic Sea area, the Black Sea area, and the
Antarctic area which are described in 151.06. Discharges into
Source:Sections 151.30 through 151.49 appear by CGD 85-010, the sea of NLSs or mixtures containing such substances are
52 FR 7759, Mar. 12, 1987, unless otherwise noted. prohibited in the Antarctic area.
151.30 Applicability.
(b) In accordance with paragraph (13)(a) of Regulation 5 of Annex
(a) Except as provided in paragraph (b) of this section, 151.30
II of MARPOL 73/78, the discharge restrictions in 151.32 for the
through 151.49 apply to each ship that
Baltic Sea area and the Black Sea area will enter into effect when
each Party to MARPOL 73/78 whose coastline borders the
(1) Is operated under the authority of the United States and
special area has certified that reception facilities are available and
engages in international voyages;
the IMO has established an effective date for each special area.
Notice of the effective date for discharge requirements in these
(2) Is operated under the authority of the United States and is
areas will be published in the Federal Register and reflected in
certificated for ocean service;
this section.
(3) Is operated under the authority of the United States and is
[60 FR 43374, Aug. 21, 1995]
certificated for coastwise service beyond three nautical miles from
land;
151.33 Certificates Needed To Carry Category C Oil-Like
NLS.
(4) Is operated under the authority of the United States and
(a) A U.S. oceangoing ship may not carry a Category C oil-like
operates at any time seaward of the outermost boundary of the
NLS listed in 151.49 in a cargo tank unless the ship has a
territorial sea of the United States as defined in 2.22 of this
Certificate of Inspection endorsed to allow the NLS to be carried
chapter; or
in that cargo tank, and if the ship engages in a foreign voyage-
(5) Is operated under the authority of a country other than the
(1) An Attachment for NLSs to the IOPP Certificate, issued under
United States while in the navigable waters of the United States,
151.37(a), that allows the NLS to be carried in that cargo tank; or
or while at a port or terminal under the jurisdiction of the United
States.
(2) A Certificate of Fitness issued under 46 CFR part 153 that
allows the NLS to be carried in that cargo tank.
(b) Sections 151.30 through 151.49 do not apply to
(b) A foreign oceangoing ship operating in the navigable waters of
(1) A tank barge whose certificate is endorsed by the Coast
the U.S. may not carry a Category C oil-like NLS listed in 151.49
Guard for a limited short protected coastwise route if the barge is
in a cargo tank unless the ship has-
constructed and certificated primarily for service on an inland
route;
(1) An Attachment for NLSs to the IOPP Certificate that allows the
NLS to be carried in that cargo tank; or
(2) A warship, naval auxiliary, or other ship owned or operated by
a country when engaged in noncommercial service;
(2) A Certificate of Compliance issued under 46 CFR Part 153 to
allow the NLS to be carried in that cargo tank.
(3) A Canadian or U.S. ship being operated exclusively on the
Great Lakes of North America or their connecting and tributary
(c) A U.S. oceangoing ship authorized to carry certain dangerous
waters;
cargoes in bulk under 46 CFR Part 98 may not carry a Category
C oil-like NLS listed in 151.49 in a cargo tank unless the ship
(4) A Canadian or U.S. ship being operated exclusively on the
has a Certificate of Inspection endorsed to allow the NLS to be
internal waters of the United States and Canada; or
carried in that cargo tank, and if the ship engages in a foreign
voyage, an NLS Certificate issued under 151.37(b) that allows
(5) Any other ship specifically excluded by MARPOL 73/78.
the NLS to be carried in that cargo tank.
Note to 151.30 (b)(4):The term internal waters is defined in
151.35 Certificates Needed To Carry Category D NLS And
2.24 of this chapter.
Category D Oil-Like NLS.
(a) A U.S. oceangoing ship may not carry a Category D NLS
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD
listed in 151.47 in a cargo tank unless the ship has a Certificate
88-002A, 55 FR 18582, May 2, 1990; USCG-2008-0179, 73 FR
of Inspection endorsed to allow the NLS to be carried in that
35014, June 19, 2008]
cargo tank, and if the ship engages if a foreign voyage-
151.31 Where To Find Requirements Applying To
(1) An NLS Certificate issued under 151.37(b) to allow the NLS
Oceangoing Ships Carrying Category A, B, C, And D NLS.
to be carried in that cargo tank; or
(a) The requirements for oceangoing ships carrying NLSs listed in
151.47 and 151.49 are in 151.33 through 151.45.
(2) A Certificate of Fitness issued under 46 CFR part 153 to allow
the NLS to be carried in that cargo tank.
(b) The requirements for oceangoing ships carrying NLSs listed in
Table 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153,
(b) A U.S. oceangoing ship may not carry a Category D oil-like
which are not listed in 151.47 or 151.49, are in 46 CFR parts 98,
NLS listed in 151.49 in a cargo tank unless the ship has a
151, and 153.
Certificate of Inspection endorsed to allow the NLS to be carried
in that cargo tank, and if the ship engages if a foreign voyage-
(c) Alternatives to the requirements in this part for oceangoing
ships carrying NLSs are in 46 CFR part 153.
(1) An Attachment for NLSs to the IOPP Certificate, issued under
151.37(a), to allow the NLS to be carried in that cargo tank; or
(d) Procedures for obtaining permission to carry an NLS not listed
in 151.47, 151.49, Table 151.05 of 46 CFR part 151, or Table 1
(2) An NLS Certificate issued under 151.37(b) to allow the NLS
of 46 CFR part 153 are in 46 CFR 153.900(c).
to be carried in that cargo tank, or

347
(3) A Certificate of Fitness issued under 46 CFR part 153 to allow (c) The Coast Guard or a classification society authorized under
the NLS to be carried in that cargo tank. 46 CFR part 8 issues a NLS Certificate with the statement that the
vessel is prohibited from discharging NLS residues to the sea if
(c) A foreign oceangoing ship in the navigable waters of the U.S. the vessel does not meet 46 CFR 153.470 and 153.490 but meets
may not carry a Category D NLS listed in 151.47 in a cargo tank 46 CFR subpart 98.31.
unless the ship has one of the following:
[62 FR 67526, Dec. 24, 1997]
(1) An NLS Certificate endorsed to allow the NLS to be carried in
that cargo tank; or 151.39 Operating Requirements: Category D NLS.
The master or person in charge of an oceangoing ship that carries
(2) A Certificate of Compliance issued under 46 CFR part 153 to a Category D NLS listed in 151.47 shall ensure that the ship is
allow the NLS to be carried in that cargo tank. operated as prescribed for the operation of oceangoing ships
carrying Category D NLSs in 46 CFR 153.901, 153.909, 153.1100,
(d) A foreign oceangoing ship in the navigable waters of the U.S. 153.1104, 153.1106, 153.1124, 153.1126, and 153.1128.
may not carry a Category D oil-like NLS listed in 151.49 in a
cargo tank unless the ship has one of the following: [CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by
USCG-2008-0179, 73 FR 35014, June 19, 2008]
(1) An Attachment for NLSs to the IOPP Certificate to allow the
NLS to be carried in that cargo tank; or 151.41 Operating Requirements For Oceangoing Ships With
IOPP Certificates: Category C And D Oil-Like NLSs.
(2) An NLS Certificate endorsed to allow the NLS to be carried in The master or person in charge of an oceangoing ship certificated
the cargo tank; or under 151.37(a) shall ensure that-

(3) A Certificate of Compliance issued under 46 CFR part 153 to (a) The carriage and discharge of the oil-like NLS meets 157.29,
allow the NLS to be carried in the cargo tank. 157.31, 157.35, 157.37, 157.41, 157.45, 157.47, and 157.49 of
this chapter; and
(e) A U.S. oceangoing ship authorized to carry certain dangerous
cargoes in bulk under 46 CFR part 98 may not carry a Category D (b) The oil-like NLS is not discharged unless-
NLS listed in 151.47 or a Category D oil-like NLS listed in
151.49 in a cargo tank unless the ship has a Certificate of (1) The monitor required by 151.37(a)(1) is set to detect the oil-
Inspection endorsed to allow the NLS to be carried in that cargo like NLS; and
tank, and if the ship engages in a foreign voyage, an NLS
Certificate issued under 151.37(b) that allows the NLS to be (2) A statement that the monitor has been set to detect the oil-like
carried in that cargo tank. NLS is entered in the Oil Record Book Part II(Cargo/Ballast
Operations), required by 151.25.
151.37 Obtaining An Attachment For NLSs To The IOPP
Certificate And Obtaining An NLS Certificate. 151.43 Control Of Discharge Of NLS Residues.
(a) The Coast Guard or a classification society authorized under (a) Unless the ship is a fixed or floating drilling rig or other
46 CFR part 8 issues an Attachment for NLSs to the IOPP platform operating under an National Pollution Discharge
Certificate to an oceangoing ship to allow the carriage of a Elimination System (NPDES) permit, the master or person in
Category C oil-like NLS or a Category D oil-like NLS if the charge of an oceangoing ship that cannot discharge NLS residue
following requirements are met: into the sea in accordance with 46 CFR 153.1126 or 153.1128
shall ensure that the NLS residue is-
(1) Except for ships that are not configured and are not equipped
to ballast or wash cargo tanks while proceeding en route, the ship (1) Retained on board; or
must have a Coast Guard approved monitor under 157.12 that is
approved for the cargoes that are desired to be carried. (2) Discharged to a reception facility.

(2) Except as required by paragraph (a)(3), ships of 150 meters or (b) If Category A, B, or C NLS cargo or NLS residue is to be
less in length carrying a Category C oil-like NLS must meet the transfered at a port or terminal in the United States, the master or
damage stability requirements applying to a Type III hull as person in charge of each oceangoing ship carrying NLS cargo or
provided by Regulation 14(c) of Annex II. NLS residue shall notify the port or terminal at least 24 hours
before entering the port or terminal of-
(3) A U.S. self propelled ship of 150 meters or less in length on a
coastwise voyage carrying a Category C oil-like NLS must meet (1) The name of the ship;
the damage stability requirements applying to a Type III hull as
provided by 46 CFR part 172, subpart F except 172.130 and (2) The name, category and volume of NLS cargo to be unloaded;
172.133.
(3) If the cargo is a Category B or C high viscosity NLS cargo or
(b) Except as allowed in paragraph (c) of this section, the Coast solidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with a
Guard or a classification society authorized under 46 CFR part 8 reference to "153.908(a)" or "153.908(b)" in the "Special
issues an NLS Certificate endorsed to allow the oceangoing ship Requirements" column of that table, the time of day the ship is
engaged in a foreign voyage to carry a Category D NLS listed in estimated to be ready to discharge NLS residue to a reception
151.47 if the ship has- facility;

(1) An approved Procedures and Arrangements Manual and (4) If the cargo is any Category B or C NLS cargo not under
Cargo Record Book, both meeting the requirements in 46 CFR paragraph (b)(3) of this section, whether or not the ship meets the
153.490; and stripping requirements under 46 CFR 153.480, 153.481, or
153.482;
(2) A residue discharge system meeting 46 CFR 153.470, unless
the approved Procedures and Arrangements Manual limits (5) The name and the estimated volume of NLS in the NLS
discharge of Category D NLS residue to the alternative provided residue to be discharged;
by 46 CFR 153.1128(b).
(6) The total volume of NLS residue to be discharged; and

348
(7) The name and amount of any cleaning agents to be used Diisononyl phthalate, see Dialkyl(C7-C13) phthalates
during the prewash required by 46 CFR 153.1120. 2,2-Dimethylpropane-1,3-diol
Dinonyl phthalate, see Dialkyl(C7-C13) phthalates
(c) The master or person in charge of a U.S. ship in a special area Dipropylene glycol dibenzoate
shall operate the ship in accordance with 46 CFR 153.903. Dipropylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6) ether
NOTE: The master or person in charge of a ship carrying Ditridecyl phthalate, see Dialkyl(C7-C13) phthalates
Category A NLS that is required to prewash tanks under the Diundecyl phthalate, see Dialkyl(C7-C13) phthalates
procedures in 46 CFR Part 153.1120 is required under 46 CFR Dodecenylsuccinic acid, dipotassium salt solution
153.1101 to notify the COTP at least 24 hours before a prewash Ethoxylated long chain (C16+) alkyloxyalkanamine
surveyor is needed. Ethoxy triglycol (crude)
2-Ethyl-2-(hydroxymethyl)propane-1,3-diol, C8-C10 ester
151.45 [Removed] Ethyl acetate
Ethyl acetoacetate
151.47 Category D NLSs Other Than Oil-Like Category D Ethyl butanol
NLSs That May Be Carried Under This Part. Ethylenediaminetetraacetic acid, tetrasodium salt solution
The following is a list of Category D NLSs other than Oil-like Ethylene glycol
Category D NLSs that the Coast Guard allows to be carried: Ethylene glycol acetate
Ethylene glycol dibutyl ether
Acetophenone Ethylene glycol methyl butyl ether
Acrylonitrile-Styrene copolymer dispersion in Polyether polyol Ethylene glycol phenyl ether
iso- & cyclo-Alkane (C10-C11) Ethylene glycol phenyl ether, Diethylene glycol phenyl ether
Alkenyl(C11+)amine mixture
Alkyl(C8+)amine, Alkenyl (C12+) acid ester mixture 2-Ethylhexanoic acid, see Octanoic acid
Alkyl dithiothiadiazole (C6-C24) Ethyl propionate
Alkyl ester copolymer (C4-C20) Ferric hydroxyethylethylene diamine triacetic acid, trisodium salt
Alkyl(C8-C40) phenol sulfide solution
Aluminum sulfate solution Formamide
Ammonium hydrogen phosphate solution Glycerine (83%), Dioxanedimethanol (17%) mixture
Ammonium nitrate solution (45% or less) Glycerol monooleate
Ammonium nitrate, Urea solution (2% or less NH3) Glyoxal solution (40% or less)
Ammonium phosphate, Urea solution Glyphosate solution (not containing surfactant)
Ammonium polyphosphate solution Heptanoic acid
Ammonium sulfate solution (20% or less) Hexamethylenediamine adipate
Amyl alcohol (iso-, n-, sec-, primary) Hexamethylenetetramine solutions
Animal and Fish oils, n.o.s. (see also Oil, edible) Hexanoic acid
Animal and Fish acid oils and distillates, n.o.s. Hexanol
Aryl polyolefin (C11-C50) N-(Hydroxyethyl)ethylenediamine triacetic acid, trisodium salt
Brake fluid base mixtures solution
Butylene glycol Isophorone
iso-Butyl formate Lactic acid
n-Butyl formate Latex (ammonia (1% or less) inhibited)
gamma-Butyrolactone Long chain alkaryl sulfonic acid (C16-C60)
Calcium hydroxide slurry Magnesium long chain alkaryl sulfonate (C11-C50)
Calcium long chain alkyl sulfonate (C11-C50) Magnesium long chain alkyl phenate sulfide (C8-C20)
Calcium long chain alkyl(C11-C40) phenate 3-Methoxybutyl acetate
Calcium long chain alkyl phenate sulfide (C8-C40) Methyl acetoacetate
Caprolactam solutions Methyl alcohol
Chlorine chloride solution Methyl amyl ketone
Citric acid (70% or less) Methyl butenol
Coconut oil fatty acid methyl ester Methyl butyl ketone
Copper salt of long chain (C17+) alkanoic acid Methyl isobutyl ketone
Cyclohexanol Methyl tert-butyl ether
Decahydronaphthalene Methyl butynol
Diacetone alcohol Methyl propyl ketone
Dialkyl(C8-C9) diphenylamines N-Methyl-2-pyrrolidone
Dialkyl(C7-C13) phthalates Myrcene
Diethylene glycol Naphthalene sulfonic acid-formaldehyde copolymer, sodium salt
Diethylene glycol butyl ether acetate, see Poly(2-8) alkylene solution
glycol monoalkyl(C1-C6) ether acetate Nonanoic acid (all isomers)
Diethylene glycol dibutyl ether Nonanoic, Tridecanoic acid mixture
Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol Nonyl methacrylate
monoalkyl(C1-C6) ether Noxious Liquid Substance, (17) n.o.s.
Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol Octadecenoamide solution
monoalkyl(C1-C6) ether acetate Octanoic acid
Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene Oil, edible:
glycol monoalkyl(C1-C6) ether acetate Babassu
Diethylene glycol phenyl ether Beechnut
Diethylene glycol phthalate Castor
Di-(2-ethylhexyl)adipate Cocoa butter
1,4-Dihydro-9,10-dihydroxy anthracene, disodium salt solution Coconut
Diisobutyl ketone Cod liver
Diisodecyl phthalate, see Dialkyl(C7-C13) phthalates Corn
Diisononyl adipate Cottonseed

349
Fish Polyolefin phenolic amine (C28-C250)
Groundnut Polyolefin phosphorosulfide, barium derivative
Hazelnut Polypropylene glycol
Nutmeg butter n-Propyl acetate
Olive Propylene glycol monoalkyl ether,
Palm Including:
Palm kernel n-Propoxypropanol
Peanut Propylene glycol n-butyl ether
Poppy Propylene glycol ethyl ether
Raisin seed Propylene glycol methyl ether
Rapeseed Propylene glycol ethyl ether, see Propylene glycol monoalkyl
Rice bran ether
Safflower Propylene glycol methyl ether, see Propylene glycol monoalkyl
Salad ether
Sesame Propylene glycol methyl ether acetate
Soya bean Propylene glycol phenyl ether
Sunflower seed Sodium acetate solution
Tucum Sodium benzoate solution
Vegetable Sodium carbonate solution
Walnut Soybean oil (epoxidized)
Oil, misc: Sulfohydrocarbon (C3-C88)
Animal, n.o.s. Sulfonated polyacrylate solution
Coconut oil, esterified Sulfolane
Coconut oil, fatty acid methyl ester Sulfurized fat (C14-C20)
Lanolin Sulfurized polyolefinamide alkene(C28-C250)amine
Linseed Tallow
Neatsfoot Tallow fatty acid
Oiticica Tetrasodium salt of Ethylenediaminetetraacetic acid solution
Palm oil, fatty acid methyl ester Triethylene glycol butyl ether, see Poly(2-8)alkylene glycol
Palm oil, methyl ester monoalkyl(C1-C6) ether
Perilla Triethylene glycol ethyl ether, see Poly(2-8)alkylene glycol
Pilchard monoalkyl(C1-C6) ether
Soya bean (epoxidized) Triethylene glycol methyl ether, see Poly(2-8)alkylene glycol
Sperm monoalkyl(C1-C6) ether
Tung Triethyl phosphate
Whale Trimethylol propane polyethoxylate
Olefin/Alkyl ester copolymer (molecular weight 2000+) Tripropylene glycol methyl ether, see Poly(2-8)alkylene glycol
Oleic acid monoalkyl(C1-C6) ether
Palm kernel acid oil, methyl ester Trisodium salt of N-(Hydroxyethyl)-ethylenediamine triacetic acid
Palm stearin solution
Pentaethylenehexamine Urea, Ammonium mono- and di-hydrogen phosphate, Potassium
Pentanoic acid chloride solution
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether, Including: Urea, Ammonium nitrate solution (2% or less NH3)
Diethylene glycol butyl ether Urea, Ammonium phosphate solution
Diethylene glycol ethyl ether Vegetable oils, n.o.s. (see also Oil, edible)
Diethylene glycol n-hexyl ether Vegetable acid oils and distillates, n.o.s.
Diethylene glycol methyl ether Waxes:
Diethylene glycol n-propyl ether Candelilla
Dipropylene glycol butyl ether Carnauba
Dipropylene glycol methyl ether
Polypropylene glycol methyl ether [CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD
Triethylene glycol butyl ether 88-100a, 54 FR 40000, Sept. 29, 1989; 55 FR 17269, Apr. 24,
Triethylene glycol ethyl ether 1990; 59 FR 16985, Apr. 11, 1994; 59 FR 45146, Aug. 31, 1994;
Triethylene glycol methyl ether 60 FR 34038, June 29, 1995; 65 FR 67136, Nov. 8, 2000]
Tripropylene glycol methyl ether
Poly(2-8)alkylene glycol monoalkyl(C1-C6) ether acetate, 151.49 Category C And D Oil-Like NLSs Allowed For
Including: Carriage.
Diethylene glycol butyl ether acetate The following is a list of Category C and D Oil-like NLSs that the
Diethylene glycol ethyl ether acetate Coast Guard allows to be carried:
Diethylene glycol methyl ether acetate
Polyalkylene glycols, Polyalkylene glycol monoalkyl ethers (a) The following Category C oil-like NLSs may be carried:
mixtures Aviation alkylates
Polypropylene glycol methyl ether, see Poly(2-8)alkylene glycol Cycloheptane
monoalkyl(C1-C6) ether Cyclohexane
Polyalkyl(C10-C20) methacrylate Cyclopentane
Polybutenyl succinimide p-Cymene
Polyether (molecular weight 2000+) Ethylcyclohexane
Polyethylene glycol monoalkyl ether Heptane (all isomers)
Polyolefin amide alkeneamine (C17+) Heptene (all isomers)
Polyolefin amide alkeneamine (C28+)
Hexane (all isomers)
Polyolefin amide alkeneamine borate (C28-C250)
Hexene (all isomers)
Polyolefin amide alkeneamine polyol
Polyolefin anhydride iso-Propylcyclohexane
Polyolefin ester (C28-C250) Methyl cyclohexane

350
2-Methyl-1-pentene, see Hexene (all isomers) (3) A manned ship of 100 gross tons or more that is operated
Nonane (all isomers) under the authority of a country other than the United States while
Octane (all isomers) in the navigable waters or the Exclusive Economic Zone of the
Olefin mixtures (C5-C7) United States.
Pentane (all isomers)
Pentene (all isomers) (e) Section 151.59 (Placards) applies to-
1-Phenyl-1-xylylethane
(1) A manned U.S. ship (other than a fixed or floating drilling rig or
Propylene dimer
other platform) that is 26 feet or more in length;
Tetrahydronaphthalene
Code of Federal Regulations253
(2) A manned floating drilling rig or other platform in transit that is
Toluene subject to the jurisdiction of the United States; or
Xylenes
(3) A manned ship of 40 feet or more in length that is operated
(b) [Reserved] under the authority of a country other than the United States while
in the navigable waters or the Exclusive Economic Zone of the
[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD United States.
88-100a, 54 FR 40001, Sept. 29, 1989; 55 FR 17269, Apr. 24,
1990; CGD 92-100a, 59 FR 16987, Apr. 11, 1994; CGD 94-901, (f) Section 151.73 (Discharge of Garbage from Fixed or Floating
59 FR 45148, Aug. 31, 1994; CGD 95-901, 60 FR 34039, June 29, platforms) only applies to a fixed or floating drilling rig or other
1995; USCG 2000-7079, 65 FR 67157, Nov. 8, 2000; USCG- platform subject to the jurisdiction of the United States.
2008-0179, 73 FR 35014, June 19, 2008]
Note to 151.51: The Exclusive Economic Zone extends from the
Garbage Pollution And Sewage baseline of the territorial sea seaward 200 miles as defined in the
Presidential Proclamation 5030 of March 10, 1983 (3 CFR, 1983
151.51 Applicability.
Comp., p. 22).
(a) Except as provided in paragraphs (b) through (f) of this section,
151.51 through 151.77 apply to each ship that-
[USCG-2012-1049, 78 FR 13491, Feb. 28, 2013]
(1) Is of United States registry or nationality, or one operated
151.53 Special Areas For Annex V Of MARPOL.
under the authority of the United States, including recreational
(a) For the purposes of 151.51 through 151.77, the special
vessels defined in 46 U.S.C. 2101(25) and uninspected vessels
areas are the Mediterranean Sea area, the Baltic Sea area, the
defined in 46 U.S.C. 2101(43), wherever located; or
Black Sea area, the Red Sea area, the Gulfs area, the North Sea
area, the Antarctic area, and the Wider Caribbean region,
(2) Is operated under the authority of a country other than the
including the Gulf of Mexico and the Caribbean Sea which are
United States while in the navigable waters or the Exclusive
described in 151.06.
Economic Zone of the United States.
(b) In accordance with paragraph 3.2 of Regulation 8 of Annex V
(b) Sections 151.51 through 151.77 do not apply to-
of MARPOL, the discharge restrictions in 151.71 for special
areas will enter into effect when each party to MARPOL whose
(1) A warship, naval auxiliary, or other ship owned or operated by
coastline borders the special area has certified that reception
a country when engaged in noncommercial service; or
facilities are available and the IMO has established an effective
date for each special area. Notice of the effective dates for the
(2) Any other ship specifically excluded by MARPOL.
discharge requirements in each special area will be published in
the Federal Register and reflected in this section.
(c) Section 151.55 (Recordkeeping) applies to-
(c) The discharge restrictions are in effect in the Wider Caribbean
(1) A manned oceangoing ship (other than a fixed or floating
Region, the Mediterranean Sea, the Baltic Sea, the North Sea,
drilling rig or other platform) of 400 gross tons and above that is
the Gulfs, and the Antarctic special areas.
documented under the laws of the United States or numbered by
a State;
[CGD 94-056, 60 FR 43378, Aug. 21, 1995, as amended by
USCG-2009-0273, 74 FR 66241, Dec. 15, 2009; USCG-2011-
(2) A manned oceangoing ship (other than a fixed or floating
0187, 77 FR 19543, Apr. 2, 2012; USCG-2012-1049, 78 FR
drilling rig or other platform) of 400 gross tons and above that is
13491, Feb. 28, 2013]
operated under the authority of a country other than the United
States while in the navigable waters or the Exclusive Economic
151.55 Recordkeeping requirements.
Zone of the United States;
(a) The master or person in charge of a ship to which this section
applies shall ensure that a written record is maintained on the
(3) A manned fixed or floating drilling rig or other platform subject
ship of each of the following garbage discharge or disposal
to the jurisdiction of the United States; or
operations:
(4) A manned ship that is certified to carry 15 or more persons
(1) Discharge to a reception facility or to another ship;
engaged in international voyages.
(2) Incineration on the ship;
(d) Section 151.57 (Garbage Management Plans) applies to-
(3) Discharge into the sea; and/or
(1) A manned oceangoing ship (other than a fixed or floating
drilling rig or other platform) of 40 feet or more in length that is
(4) Accidental or other exceptional discharges.
documented under the laws of the United States or numbered by
a state and that either is engaged in commerce or is equipped
(b) When garbage is discharged to a reception facility or to
with a galley and berthing;
another ship, the record under paragraph (a) of this section must
contain the following information:
(2) A manned fixed or floating drilling rig or other platform subject
to the jurisdiction of the United States; or
(1) The date and time of the discharge;

351
(2) If the operation was conducted at a port, the name of the port; is on the ship and that each person handling garbage follows the
plan.
(3) If the operation was not conducted at a port, the latitude and
longitude of the location where the operation was conducted, and (b) Each garbage management plan under paragraph (a) of this
if the operation involved off-loading to another ship, the name and section must be in writing and
official number of the receiving ship;
(1) Provide for the discharge of garbage by means that meet
(4) The categories of garbage involved; and Annex V of MARPOL, the Act, and 151.51 through 151.77;

(5) The estimated amount of each category of garbage (2) Describe procedures for minimizing, collecting, processing,
discharged, described by volume in cubic meters. storing, and discharging garbage; and

(c) When garbage is incinerated on the ship, the record under (3) Designate the person who is in charge of carrying out the plan.
paragraph (a) of this section must contain the following
information: (Approved by the Office of Management and Budget under control
number 1625-0072)
(1) The date and time of the starting and stopping of the
incineration; [USCG-2012-1049, 78 FR 13492, Feb. 28, 2013]

(2) The latitude and longitude of the ship at the starting and 151.59 Placards.
stopping of the incineration; (a) The master or person in charge of a ship, including a drilling
rig or platform, to which this section applies shall ensure that one
(3) The categories of the garbage involved; and or more placards meeting the requirements of this section are
displayed in prominent locations and in sufficient numbers so that
(4) The estimated amount of each category of garbage involved, they can be read by the crew and passengers. These locations
described by volume in cubic meters. must be readily accessible to the intended reader and may
include embarkation points, food service facilities, garbage
(d) When garbage which is allowed into the sea is discharged handling spaces, living spaces, and common areas on deck. If the
overboard, the record under paragraph (a) of this section must Captain of the Port (COTP) determines that the number or
contain the following information: location of the placards is insufficient to adequately inform crew
and passengers, the COTP may require additional placards and
(1) The date and time of the discharge; may specify their locations.

(2) The latitude and longitude of the ship; (b) Each placard must be at least 20 cm (8 in) wide by 121/2 cm
(5 in) high, made of a durable material, and legible.
(3) The categories of the garbage involved; and
(c) At a minimum, each placard must notify the reader of the
(4) The estimated amount of each category of garbage involved, operating requirements contained in 151.67 through 151.73 as
described by volume in cubic meters. they apply to that ship. The following requirements should also be
prominently stated:
(e) For the record under paragraph (a) of this section, the
categories of garbage are (1) The discharge of all garbage is prohibited into the navigable
waters of the United States and into all other waters except as
(1) Plastics, specifically allowed;

(2) Food wastes, (2) The discharge of all forms of plastic into all waters is
prohibited;
(3) Domestic wastes,
(3) A person who violates the above requirements is liable for civil
(4) Cooking oil, and/or criminal penalties; and

(5) Incinerator ashes, (4) Regional, state, and local restrictions on garbage discharges
also may apply.
(6) Operational wastes,
(d) For ships while operating on the Great Lakes or their
(7) Cargo residues, connecting or tributary waters, the placard must

(8) Animal carcasses, and (1) Notify the reader of the information in paragraph (c) of this
section; or
(9) Fishing gear.
(2) Notify the reader of the following:
(f) The record under paragraph (a) of this section must be
prepared at the time of the operation, certified as correct by the (i) Except as allowed by 151.66, the discharge of all garbage
master or person in charge of the ship, maintained on the ship for into the Great Lakes or their connecting or tributary waters is
2 years following the operation, and made available for inspection prohibited; and
by the Coast Guard.
(ii) A person who violates the above requirements is liable for a
[USCG-2012-1049, 78 FR 13491, Feb. 28, 2013] civil penalty for each violation, and the criminal penalties of a
class D felony.
151.57 Garbage management plans.
(a) The master or person in charge of a ship to which this section [USCG-2012-1049, 78 FR 13492, Feb. 28, 2013]
applies shall ensure that the ship is not operated unless a
garbage management plan meeting paragraph (b) of this section 151.61 Inspection For Compliance And Enforcement.

352
While within the navigable waters of the United States or the (b) Medical wastes; or
Exclusive Economic Zone, a ship is subject to inspection by the
Coast Guard or other authorized federal agency to determine if (c) Hazardous wastes defined in 40 CFR 261.3.

(a) The ship has been operating in accordance with these [CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by
regulations and has not discharged plastics or other garbage in USCG-2012-1049, 78 FR 13492, Feb. 28, 2013]
violation of the provisions of the Act or Annex V of MARPOL;
151.66 Operating requirements: Discharge of garbage in the
(b) Grinders or comminuters used for the discharge of garbage Great Lakes and other navigable waters.
between 3 and 12 nautical miles from nearest land are capable of (a) Except as otherwise provided in this section, no person on
reducing the size of garbage so that it will pass through a screen board any ship may discharge garbage into the navigable waters
with openings no greater than 25 millimeters (one inch); of the United States. Cleaning agents or additives contained in
deck and external surface wash water may be discharged only if
(c) Information for recordkeeping requirements, when required these substances are not harmful to the marine environment.
under 151.55, is properly and accurately logged;
(b)(1) On the U.S. waters of the Great Lakes, commercial vessels
(d) A garbage management plan, when required under 151.57, may discharge bulk dry cargo residues in accordance with and
is on board and that the condition of the ship, equipment and subject to the conditions imposed by this paragraph.
operational procedures of the ship meet the plan; and
(2) As used in this paragraph and in paragraph (c) of this section-
(e) Placards, when required by 151.59, are posted on board.
Apostle Islands National Lakeshore means the site on or near
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD Lake Superior administered by the National Park Service, less
88-002A, 55 FR 18583, May 2, 1990; USCG-2012-1049, 78 FR Madeline Island, and including the Wisconsin shoreline of Bayfield
13492, Feb. 28, 2013] Peninsula from the point of land at 4657'19.7" N. 09052'51.0" W
southwest along the shoreline to a point of land at 4652'56.4" N.
151.63 Shipboard Control Of Garbage. 0913'3.1" W.
(a) The master, operator, or person who is in charge of a ship
shall ensure that all garbage is discharged ashore or in Broom clean means a condition in which the vessel's deck
accordance with 151.66-151.73. shows that care has been taken to prevent or eliminate any visible
concentration of bulk dry cargo residues, so that any remaining
(b) The following factors, among others, may be considered by bulk dry cargo residues consist only of dust, powder, or isolated
enforcement personnel in evaluating compliance with 151.51 and random pieces, none of which exceeds 1 inch in diameter.
through 151.77:
Bulk dry cargo residues means non-hazardous and non-toxic
(1) Records, including receipts, of garbage discharges at port residues, regardless of particle size, of dry cargo carried in bulk,
reception facilities. including limestone and other clean stone, iron ore, coal, salt, and
cement. It does not include residues of any substance known to
(2) Records under 151.55 or log entries of garbage discharges. be toxic or hazardous, such as nickel, copper, zinc, lead, or
materials classified as hazardous in provisions of law or treaty.
(3) The presence and operability of equipment to treat ship
generated garbage, including, but not limited to, incinerators, Caribou Island and Southwest Bank Protection Area means
grinders, or comminuters. the area enclosed by rhumb lines connecting the following
coordinates, beginning on the northernmost point and proceeding
(4) The presence of and adherence to a written shipboard clockwise:
garbage management plan.
4730.0' N, 08550.0' W
(5) The absence of plastics in ship stores.
4724.2' N, 08538.5' W
(6) Ongoing educational programs to train shipboard personnel of
garbage handling procedures and the need for these. 4704.0' N, 08549.0' W

(7) The presence of shipboard spaces used for collecting, 4705.7' N, 08559.0' W
processing, storing and discharging ship-generated garbage.
4718.1' N, 08605.0' W.
(c) The master, operator, or person who is in charge of a ship
shall ensure that if garbage is transported from a ship by Commercial vessel means a commercial vessel loading,
shipboard personnel, it is properly deposited into a port or unloading, or discharging bulk dry cargo in the U.S. waters of the
terminal's reception facility. Great Lakes, or a U.S. commercial vessel transporting bulk dry
cargo and operating anywhere on the Great Lakes; but the term
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD does not include a non-self-propelled barge unless it is part of an
88-002A, 55 FR 18583, May 2, 1990; CGD 92-71, 59 FR 18703, integrated tug and barge unit.
Apr. 19, 1994; USCG-2012-1049, 78 FR 13492, Feb. 28, 2013]
Comparable characteristics, cargoes, and operations means
151.65 Reporting Requirements. similar vessel design, size, age, crew complement, cargoes,
The master or person who is in charge of each oceangoing ship operational routes, deck and hold configuration, and fixed cargo
shall notify the port or terminal, at least 24 hours before entering transfer equipment configuration.
the port or terminal, of the name of the ship and the estimated
volume of garbage requiring disposal, if any of the following types Detroit River International Wildlife Refuge means the U.S.
of garbage are to be discharged: waters of the Detroit River bound by the area extending from the
Michigan shore at the southern outlet of the Rouge River to
(a) Garbage regulated by the Animal and Plant Health Inspection 4154.0' N., 08306.0' W. along the U.S.-Canada boundary
Service (APHIS) of the U.S. Department of Agriculture under 7 southward and clockwise connecting points:
CFR 330.400 or 9 CFR 94.5;

353
4202.0' N, 08308.0' W 4530.0' N, 08515.0' W

4154.0' N, 08306.0' W 4525.0' N, 08515.0' W

4150.0' N, 08310.0' W 4525.0' N, 08520.0' W

4144.52' N, 08322.0' W 4520.0' N, 08520.0' W

4144.19' N, 08327.0' W. 4520.0' N, 08540.0' W

Dry cargo residue (or DCR) management plan means the plan 4515.0' N. 08540.0' W
required by paragraph (b)(5) of this section.
4515.0' N, 08550.0' W
Grand Portage National Monument means the site on or near
Lake Superior, administered by the National Park Service, from 4510.0' N, 08550.0' W
the southwest corner of the monument point of land at 4757.521'
N 08941.245' W. to the northeast corner of the monument point 4510.0' N, 08600.0' W.
of land, 4757.888' N 08940.725' W.
Pictured Rocks National Lakeshore means the site on or near
Indiana Dunes National Lakeshore means the site on or near Lake Superior, administered by the National Park Service, from a
Lake Michigan, administered by the National Park Service, from a point of land at 4626'21.3" N 08636'43.2" W eastward along the
point of land near Gary, Indiana at 4142'59.4" N 08654'59.9" W Michigan shoreline to 4640'22.2" N 08559'58.1" W.
eastward along the shoreline to 4137'08.8"N 08717'18.8" W
near Michigan City, Indiana. Six Fathom Scarp Mid-Lake Special Protection Area means
the area enclosed by rhumb lines connecting the following
Industry standard practices means practices that ensure the coordinates, beginning on the northernmost point and proceeding
proper installation, maintenance, and operation of shipboard clockwise:
cargo transfer and DCR removal equipment, proper crew training
in DCR minimization procedures and cargo transfer operations, 4455.0' N, 08233.0' W
and proper supervision of cargo transfer operations to minimize
DCR accumulation on or in a commercial vessel. 4447.0' N, 08218.0' W

Integrated tug and barge unit means any tug-barge combination 4439.0' N, 08213.0' W
which, through the use of special design features or a specially
designed connection system, has increased sea-keeping 4427.0' N, 08213.0' W
capabilities relative to a tug and barge in the conventional pushing
mode. 4427.0' N, 08220.0' W

Isle Royale National Park means the site on or near Lake 4417.0' N, 08225.0' W
Superior, administered by the National Park Service, where the
boundary includes any submerged lands within the territorial 4417.0' N, 08230.0' W
jurisdiction of the United States within 4 1/2 miles of the shoreline
of Isle Royale and the surrounding islands, including Passage 4428.0' N, 08240.0' W
Island and Gull Island.
4451.0' N, 08244.0' W
Mile means a statute mile.
4453.0' N, 08244.0' W
Milwaukee Mid-Lake Special Protection Area means the area
enclosed by rhumb lines connecting the following coordinates, 4454.0' N, 08240.0' W.
beginning on the northernmost point and proceeding clockwise:
Sleeping Bear Dunes National Lakeshore means the site on or
4327.0' N 08714.0' W near Lake Michigan, administered by the National Park Service,
that includes North Manitou Island, South Manitou Island and the
4321.2' N, 08702.3' W Michigan shoreline from a point of land at 4442'45.1" N,
08612'18.1" W north and eastward along the shoreline to
4303.3' N, 08704.8' W 4457'12.0" N, 08548'12.8" W.

4257.5' N, 08721.0' W Stannard Rock Protection Area means the area within a 6-mile
radius from Stannard Rock Light, at 4710'57" N 08713'34" W.
4316.0' N, 08739.8' W.
Superior Shoal Protection Area means the area within a 6-mile
Minimization means the reduction, to the greatest extent radius from the center of Superior Shoal, at 4803.2' N 08706.3'
practicable, of any bulk dry cargo residue discharge from the W.
vessel.
Thunder Bay National Marine Sanctuary means the site on or
Northern Refuge means the area enclosed by rhumb lines near Lake Huron designated by the National Oceanic and
connecting the coordinates, beginning on the northernmost point Atmospheric Administration as the boundary that forms an
and proceeding clockwise: approximately rectangular area by extending along the ordinary
high water mark between the northern and southern boundaries
4545.0' N, 08600.0' W, of Alpena County, cutting across the mouths of rivers and streams,
western shore of High Island, southern shore of Beaver Island: and lakeward from those points along latitude lines to longitude
83 degrees west. The coordinates of the boundary are:
4530.0' N, 08530.0' W
4512'25.5' N, 08323'18.6' W

354
4512'25.5' N, 08300'00' W 4212.2' N, 08729.1' W

4451'30.5' N, 08300'00' W 4218.1' N, 08733.1' W

4451'30.5' N, 08319'17.3' W. 4224.1' N, 08732.0' W.

Waukegan Special Protection Area means the area enclosed Western Basin means that portion of Lake Erie west of a line due
by rhumb lines connecting the following coordinates, beginning on south from Point Pelee.
the northernmost point and proceeding clockwise:
(3) Discharges of bulk dry cargo residue under paragraph (b) of
4224.3' N, 08729.3' W this section are allowed, subject to the conditions listed in Table
151.66(b)(3) of this section.
4213.0' N, 08725.1' W

Table 151.66(b)Bulk Dry Cargo Residue Discharges Allowed on the Great Lakes
Location Cargo Discharge allowed except as noted
Tributaries, their Limestone and Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water
connecting rivers, other clean stone intakes.
and St. Lawrence
All other cargos Prohibited.
River
Limestone and Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water
other clean stone intakes.
Lake Ontario
Iron ore Prohibited within 6 miles from shore.
All other cargos Prohibited within 13.8 miles from shore.
Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water
intakes; prohibited in the Detroit River International Wildlife Refuge; prohibited in Western Basin,
Limestone and
except that a vessel operating exclusively within Western Basin may discharge limestone or clean
other clean stone
stone cargo residues over the dredged navigation channels between Toledo Harbor Light and
Detroit River Light.
Prohibited within 6 miles from shore; prohibited in the Detroit River International Wildlife Refuge;
prohibited in Western Basin, except that a vessel may discharge residue over the dredged
Iron ore
Lake Erie navigation channels between Toledo Harbor Light and Detroit River Light if it unloads in Toledo or
Detroit and immediately thereafter loads new cargo in Toledo, Detroit, or Windsor.
Prohibited within 13.8 miles from shore; prohibited in the Detroit River International Wildlife Refuge;
prohibited in Western Basin, except that a vessel may discharge residue over the dredged
Coal, salt
navigation channels between Toledo Harbor Light and Detroit River Light if it unloads in Toledo or
Detroit and immediately thereafter loads new cargo in Toledo, Detroit, or Windsor.
Prohibited within 13.8 miles from shore; prohibited in the Detroit River International Wildlife Refuge;
All other cargos
prohibited in Western Basin.
Limestone and Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water
Lake St. Clair other clean stone intakes.
All other cargos Prohibited.

Limestone and Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water
other clean stone intakes; prohibited in the Thunder Bay National Marine Sanctuary.

Prohibited within 6 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National
Lake Huron except Marine Sanctuary; prohibited for vessels up bound along the Michigan thumb as follows:(1)
Six Fathom Scarp Between 5.8 miles northeast of entrance buoys 11 and 12 to the track line turn abeam of Harbor
Iron ore
Mid-Lake Special Beach, prohibited within 3 miles from shore; and (2) For vessels bound for Saginaw Bay only,
Protection Area between the track line turn abeam of Harbor Beach and 4 nautical miles northeast of Point Aux
Barques Light, prohibited within 4 miles from shore and not less than 10 fathoms of depth.
Prohibited within 13.8 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National
Coal, salt Marine Sanctuary; prohibited for vessels up bound from Alpena into ports along the Michigan shore
south of Forty Mile Point within 4 miles from shore and not less than 10 fathoms of depth.
Prohibited within 13.8 miles from shore and in Saginaw Bay; prohibited in the Thunder Bay National
All other cargos
Marine Sanctuary.
Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water
Limestone and intakes; prohibited within the Milwaukee Mid-Lake and Waukegan Special Protection Areas;
other clean stone prohibited within the Northern Refuge; prohibited within 3 miles of the shore of the Indiana Dunes
and Sleeping Bear National Lakeshores; prohibited within Green Bay.
Prohibited in the Northern Refuge; north of 45 N, prohibited within 12 miles from shore and in
Green Bay; south of 45 N, prohibited within 6 miles from shore, and prohibited within the
Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of
Lake Michigan the shore of Indiana Dunes and Sleeping Bear National Lakeshores; except that discharges are
Iron ore allowed at:
(1) 4.75 miles off Big Sable Point Betsie, along established Lake Carriers Association (LCA) track
lines; and
(2) Along 056.25 LCA track line between due east of Poverty Island to a point due south of Port
Inland Light.
Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the
Coal
Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of

355
Table 151.66(b)Bulk Dry Cargo Residue Discharges Allowed on the Great Lakes
Location Cargo Discharge allowed except as noted
the shore of Indiana Dunes and Sleeping Bear National Lakeshores; except that discharges are
allowed:
(1) Along 013.5 LCA track line between 45 N and Boulder Reef, and along 022.5 LCA track
running 23.25 miles between Boulder Reef and the charted position of Red Buoy #2;
(2) Along 037 LCA track line between 4520 N and 4542 N;(3) Along 056.25 LCA track line
between points due east of Poverty Island to a point due south of Port Inland Light; and (4) At 3
miles from shore for coal carried between Manistee and Ludington along customary routes.
Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the
Salt Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of
the shore of Indiana Dunes and Sleeping Bear National Lakeshores, and in Green Bay.
Prohibited in the Northern Refuge; prohibited within 13.8 miles from shore and prohibited within the
All other cargos Milwaukee Mid-Lake and Waukegan Special Protection Areas, in Green Bay, and within 3 miles of
the shore of Indiana Dunes and Sleeping Bear National Lakeshores.
Prohibited where there is an apparent impact on wetlands, fish spawning areas, and potable water
Limestone and intakes; and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank,
other clean stone Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle
Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument.
Prohibited within 13.8 miles from shore (within 3 miles off northwestern shore between Duluth and
Grand Marais); and prohibited within Isle Royal National Park and the Caribou Island and
Coal, salt Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the
shore of the Apostle Islands and Pictured Rocks National Lakeshores or the Grand Portage
Lake Superior National Monument.
Prohibited within 13.8 miles from shore (within 3 miles offshore west of a line due north from Bark
Point); and prohibited within Isle Royal National Park and the Caribou Island and Southwest Bank,
Cement
Stannard Rock, and Superior Shoal Protection Areas, and within 3 miles of the shore of the Apostle
Islands and Pictured Rocks National Lakeshores or the Grand Portage National Monument.
Prohibited within 13.8 miles from shore; and prohibited within Isle Royal National Park and the
Caribou Island and Southwest Bank, Stannard Rock, and Superior Shoal Protection Areas, and
All other cargos
within 3 miles of the shore of the Apostle Islands and Pictured Rocks National Lakeshores or the
Grand Portage National Monument.

(4) The master, owner, operator, or person in charge of any (vi) The position title of the person on board who is in charge of
commercial vessel must ensure that the vessel's deck is kept ensuring compliance with procedures described in the plan;
broom clean whenever the vessel is in transit.
(vii) Any arrangements between the vessel and specific ports or
(5) The master, owner, operator, or person in charge of any terminals for the unloading and disposal of the vessel's bulk dry
commercial vessel must ensure that a dry cargo residue cargo residues ashore; and
management plan is on board the vessel, is kept available for
Coast Guard inspection, and that all operations are conducted in (viii) The procedures used and the vessel's operating conditions
accordance with the plan. A waste management plan meeting the to be maintained during any unavoidable discharge of bulk dry
requirements of 33 CFR 151.57 satisfies this requirement, so long cargo residue into the Great Lakes.
as it provides all the information required by this paragraph (b)(5).
(6) In determining whether a commercial vessel or person is in
If the plan is maintained electronically, at least one paper copy of compliance with paragraph (b) of this section, Coast Guard
the plan must be on board for use during inspections. The plan personnel may consider-
must describe the specific measures the vessel employs to
ensure the minimization of bulk dry cargo residue discharges, and, (i) The extent to which the procedures described in the vessel's
at a minimum, must list or describe- DCR management plan reflect current industry standard practices
for vessels of comparable characteristics, cargoes, and
(i) Equipment on board the vessel that is designed to minimize operations;
bulk dry cargo spillage during loading and unloading;
(ii) The crew's demonstrated ability to perform tasks for which the
(ii) Equipment on board the vessel that is available to recover DCR management plan holds them responsible;
spilled cargo from the decks and transfer tunnels and return it to
the holds or to unloading conveyances; (iii) Whether equipment described in the DCR management plan
is maintained in proper operating condition; and
(iii) Operational procedures employed by the vessel's crew during
the loading or unloading of bulk dry cargoes to minimize cargo (iv) The extent to which the crew adheres to the vessel's DCR
spillage onto the decks and into the transfer tunnels and to management plan during actual dry cargo loading and unloading
achieve and maintain the broom clean deck condition required by operations and DCR discharge operations.
paragraph (b)(4) of this section;
(c)(1) The master, owner, operator, or person in charge of any
(iv) Operational procedures employed by the vessel's crew during commercial ship loading, unloading, or discharging bulk dry cargo
or after loading or unloading operations to return spilled bulk dry in the United States' waters of the Great Lakes and the master,
cargo residue to the vessel's holds or to shore via an unloading owner, operator, or person in charge of a U.S. commercial ship
conveyance; transporting bulk dry cargo and operating anywhere on the Great
Lakes, excluding non-self propelled barges that are not part of an
(v) How the vessel's owner or operator ensures that the vessel's integrated tug and barge unit, must ensure that a written record is
crew is familiar with any operational procedures described by the maintained on the ship that fully and accurately records
plan; information on:

356
(i) Each loading or unloading operation on the United States' [CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD
waters of the Great Lakes, or in the case of U.S. commercial 88-002A, 55 FR 18583, May 2, 1990]
ships on any waters of the Great Lakes, involving bulk dry cargo;
and 151.69 Operating requirements: Discharge of garbage
outside special areas.
(ii) Each discharge of bulk dry cargo residue that takes place in (a) Except for ships operating in the Great Lakes which must
United States' waters of the Great Lakes, or in the case of U.S. comply with section 151.66, when a ship is operating outside of a
commercial ships on any waters of the Great Lakes. special area specified in 151.53, no person may discharge
garbage into the sea, except as allowed in paragraphs (b) through
(2) For each loading or unloading operation, the record must (d) of this section.
describe:
(b) The following allowed discharges of garbage shall only be
(i) The date of the operation; conducted while the ship is en route and as far as practicable
from the nearest land, but never less than
(ii) Whether the operation involved loading or unloading;
(1) 12 nautical miles for food wastes, except that, such food
(iii) The name of the loading or unloading facility; wastes may be discharged outside of 3 nautical miles from
nearest land after they have been processed with a grinder or
(iv) The type of bulk dry cargo loaded or unloaded; comminuter specified in 151.75;

(v) The method or methods used to control the amount of bulk dry (2) 12 nautical miles for cargo residues that cannot be recovered
cargo residue, either onboard the ship or at the facility; using commonly available methods for unloading. The discharged
cargo residues must not be harmful to the marine environment;
(vi) The time spent to implement methods for controlling the and
amount of bulk dry cargo residue; and
(3) 100 nautical miles and the maximum water depth possible for
(vii) The estimated volume of bulk dry cargo residue created by animal carcasses. Discharge shall be conducted in accordance
the loading or unloading operation that is to be discharged. with the applicable International Maritime Organization guidelines.

(3) For each discharge, the record must describe: (c) Cleaning agents or additives contained in cargo hold, deck,
and external surfaces wash water may be discharged only if these
(i) The date and time the discharge started, and the date and time substances are not harmful to the marine environment.
the discharge ended;
(d) Mixtures of garbage having different discharge requirements
(ii) The ship's position, in latitude and longitude, when the must be:
discharge started and when the discharge ended; and
(1) Retained on board for later disposal ashore; or
(iii) The ship's speed during the discharge.
(2) Discharged in accordance with the more stringent requirement
(iv) Until February 28, 2015, records must be kept on Coast prescribed by paragraphs (a) through (c) of this section.
Guard Form CG-33, which can be found at
http://www.uscg.mil/hq/cg5/cg522/cg5224/dry_cargo.asp. Copies [USCG-2012-1049, 78 FR 13492, Feb. 28, 2013]
of the records must be forwarded to the Coast Guard at least
once each quarter, no later than the 15th day of January, April, 151.71 Operating requirements: Discharge of garbage within
July, and October. The record copies must be provided to the special areas.
Coast Guard using only one of the following means: (a) When a ship is located within a special area referenced in
151.53 of this part, no person may discharge garbage into the
(A) Email to DCRRecordkeeping@USCG.mil; water, except as allowed in this section.

(B) Fax to 202-372-1928, ATTN: DCR RECORDKEEPING; or (b) Food wastes shall only be discharged while the ship is en
route and
(C) Mail to U.S. Coast Guard: Commandant (CG-OES), ATTN:
DCR RECORDKEEPING, 2703 Martin Luther King Jr. Avenue (1) As far as practicable from the nearest land or nearest ice shelf,
SE., Stop 7509, Washington, DC 20593-7126. but not less than 12 nautical miles from the nearest land or
nearest ice shelf;
(v) After February 28, 2015, the use of Form CG-33 is optional.
However, records must still be certified by the master, owner, (2) After having been processed with a grinder or comminuter
operator, or person in charge; must be kept in written form on specified in 151.75; and
board the ship for at least 2 years; and must be made available
for Coast Guard inspection upon request. (3) Not contaminated by any other garbage type.

[USCG-2004-19621, 79 FR 5279, Jan. 31, 2014, as amended by (4) The discharge of introduced avian products, including poultry
USCG-2014-0410, 79 FR 43646, July 28, 2014]. and poultry parts, is not permitted in the Antarctic area unless it
has been treated to be made sterile.
151.67 Operating Requirements: Discharge Of Plastic
Prohibited. (c) Cargo residues that cannot be recovered using commonly
No person on board any ship may discharge into the sea, or into available methods for unloading may be discharged where all the
the navigable waters of the United States, plastic or garbage following conditions are satisfied:
mixed with plastic, including, but not limited to, synthetic ropes,
synthetic fishing nets, and plastic garbage bags. All garbage (1) The cargo residues, cleaning agents or additives contained in
containing plastics requiring disposal must be discharged ashore the cargo hold washing water do not contain any substances that
or incinerated. are harmful to the marine environment.

357
(2) Both the port of departure and the next port of destination (d) The discharge of fishing gear from a ship for the protection of
must be within the special area and the ship will not transit the marine environment or for the safety of that ship or its crew.
outside of the special area when moving between those ports.
(e) The en route requirements of 151.69 and 151.71 do not
(3) No adequate reception facilities are available at those ports. apply to the discharge of food wastes when it is clear the retention
on board of these food wastes present an imminent health risk to
(4) When the conditions of paragraphs (c)(1) through (c)(3) of this the people on board.
section have been fulfilled, discharge of cargo hold washing water
containing residues shall be made as far as practicable from the [USCG-2012-1049, 78 FR 13493, Feb. 28, 2013]
nearest land or the nearest ice shelf and not less than 12 nautical
miles from the nearest land or the nearest ice shelf. 151.79 Operating Requirements: Discharge Of Sewage
Within Antarctica.
(d) Cleaning agents or additives contained in deck and external (a) A vessel certified to carry more than 10 persons must not
surfaces wash water may be discharged only if those substances discharge untreated sewage into the sea within 12 nautical miles
are not harmful to the marine environment. of Antarctic land or ice shelves; beyond such distance, sewage
stored in a holding tank must not be discharged instantaneously
(e) Mixtures of garbage having different discharge requirements but at a moderate rate and, where practicable, while the ship is en
must be: route at a speed of no less than 4 knots. For purposes of this
section, sewage means:
(1) Retained on board for later disposal ashore; or
(1) Drainage and other wastes from any form of toilets, urinals,
(2) Discharged in accordance with the more stringent requirement and WC scuppers;
prescribed by paragraphs (b) through (d) of this section.
(2) Drainage from medical premises (dispensary, sick bay, etc.)
[USCG-2012-1049, 78 FR 13492, Feb. 28, 2013] via wash basins, wash tubs, and scuppers located in such
premises;
151.73 Operating Requirements: Discharge Of Garbage
From Fixed Or Floating Platforms. (3) Drainage from spaces containing living animals; or
(a) Except as allowed in paragraph (b) of this section, no person
may discharge garbage from (4) Other waste waters when mixed with the drainages defined
above.
(1) A fixed or floating platform engaged in the exploration,
exploitation or associated offshore processing of seabed mineral (b) Paragraph (a) of this section does not apply to a warship,
resources; or naval auxiliary, or other ship owned or operated by the United
States and used only in government non-commercial service.
(2) Any ship within 500 meters (1650 feet) of such platforms.
(c) Paragraph (a) of this section does not apply in cases of an
(b) Food waste may be discharged into the surrounding waters emergency relating to the safety of a ship and those on board or
from a ship or fixed or floating platform regulated by paragraph (a) saving life at sea. Notice of an activity, otherwise prohibited under
of this section if paragraph (a) of this section, undertaken in case of an emergency
shall be reported immediately to the National Response Center
(1) It is processed with a grinder or comminuter meeting the (NRC) toll free telephone number: 800-424-8802, direct telephone:
standards in 151.75; and 202-267-2675, or Fax: 202-267-1322.

(2) That ship or fixed or floating drilling rig or platform is beyond [CGD 97-015, 62 FR 18045, Apr. 14, 1997, as amended by
12 nautical miles from nearest land. USCG-2008-0179, 73 FR 35014, June 19, 2008]

[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by Subpart B-Transportation Of Municipal And
USCG-2012-1049, 78 FR 13493, Feb. 28, 2013] Commercial Waste
151.75 Grinders Or Comminuters. Authority: 33 U.S.C. 2602; 49 CFR 1.46.
Each grinder or comminuter used to discharge garbage in
accordance with 151.69(b)(1), 151.71(b)(2), or 151.73(b)(1), Source: CGD 89-014, 54 FR 22548, May 24, 1989, unless
must be capable of processing garbage so that it passes through otherwise noted
a screen with openings no greater than 25 millimeters (one inch).
151.1000 Purpose.
[CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by The purpose of this subpart is to implement the permit provisions
USCG-2012-1049, 78 FR 13493, Feb. 28, 2013] of the Shore Protection Act of 1988, (33 U.S.C. 2601 et seq.).

151.77 Exceptions for emergencies and health risks. [CGD 89-014, 54 FR 22548, May 24, 1989, as amended by
Sections 151.67, 151.69, 151.71, and 151.73 do not apply to the USCG-2001-9286, 66 FR 33641, June 25, 2001]
following:
151.1003 Applicability.
(a) Discharges of garbage from a ship necessary for the purpose (a) Except as provided by paragraph (b) of this section, this
of securing the safety of a ship and those on board or saving life subpart applies to each vessel whose purpose is the
at sea. transportation of municipal or commercial waste in coastal waters.

(b) The accidental loss of garbage resulting from damage to a (b) This subpart does not apply to public vessels.
ship or its equipment, provided that all reasonable precautions
have been taken before and after the occurrence of the damage, 151.1006 Definitions.
to prevent or minimize the accidental loss. As used in this subpart

(c) The accidental loss of fishing gear from a ship, provided all Coastal waters means
reasonable precautions have been taken to prevent such loss.

358
(1) The territorial sea of the United States; (4) The vessel's transport capacity.

(2) The Great Lakes and their connecting waters; (5) A history of the types of cargo transported by the vessel during
the previous year, including identifying the type of municipal or
(3) The marine and estuarine waters of the United States up to commercial waste transported as
the head of tidal influence; and
(i) Municipal waste;
(4) The Exclusive Economic Zone as established by Presidential
Proclamation Number 5030, dated March 10, 1983. (ii) Commercial waste;

Note:The Exclusive Economic Zone extends from the baseline of (iii) Medical waste; or
the territorial sea of the United States seaward 200 miles.
(iv) Waste of another character.
Municipal and commercial waste means solid waste as defined
in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) (6) The types of cargo to be transported by the vessel during the
except effective period of the conditional permit, including identifying the
type of municipal or commercial waste as it is identified in
(1) Solid waste identified and listed under section 3001 of the paragraphs (a)(5)(i) through (iv) of this section.
Solid Waste Disposal Act (42 U.S.C. 6921);
(7) A statement of whether the application for a conditional permit
(2) Waste generated by a vessel during normal operations; is for a single voyage, a short term operation or a continuing
operation. If the application is for a single voyage or a short term
(3) Debris solely from construction activities; operation, the statement must include the duration of the voyage
or operation.
(4) Sewage sludge subject to regulation under title I of the Marine
Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. (8) An acknowledgment that certifies as to the truthfulness and
1401 et seq.); and accuracy of the information provided.

(5) Dredge or fill material subject to regulation under title I of the (b) The owner or operator under paragraph (a) of this section
Marine Protection, Research and Sanctuaries Act of 1972 (33 shall provide any additional information the Coast Guard may
U.S.C. 1401 et seq.), the Federal Water Pollution Control Act (33 require.
U.S.C. 1251 et seq.), or the Rivers and Harbors Appropriation Act
of 1899 (33 U.S.C. 401 et seq.). [CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD
96-026, 61 FR 33665, June 28, 1996; USCG-2008-0179, 73 FR
Public vessel means a vessel that 35014, June 19, 2008; USCG-2010-0351, 75 FR 36284, June 25,
2010; USCG-2014-0410, 79 FR 38435, July 7, 2014]
(1) Is owned, or demise chartered, and operated by the United
States Government or a government of a foreign country; and 151.1015 Issuing Or Denying The Issuance Of A Conditional
Permit.
(2) Is not engaged in commercial service. (a) After reviewing the application made under 151.1012, the
Coast Guard either-
Vessel means every description of watercraft or other artifical
contrivance used, or capable of being used, as a means of (1) Issues the conditional permit for a vessel under this section; or
transportation on water.
(2) Denies the issuance of the conditional permit to the vessel in
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by accordance with paragraph (c) of this section. On denying the
USCG-2001-9286, 66 FR 33641, June 25, 2001] issuance of the permit, the Coast Guard notifies the applicant of
the-
151.1009 Transportation Of Municipal Or Commercial Waste.
A vessel may not transport municipal or commercial waste in (2)(i) Denial and the reason for the denial; and
coastal waters without-
(2)(ii) Procedures under 151.1021 for appealing the denial.
(a) A conditional permit to transport municipal or commercial
waste issued under this subpart; and (b) Each conditional permit issued under this section is effective-

(b) Displaying a number in accordance with 151.1024. (1) On the date it is issued; and

[CGD 89-014, 54 FR 22548, May 24, 1989; CGD 89-014, 54 FR (2) Until the expiration date stated on the conditional permit
24078, June 5, 1989] unless it is-

151.1012 Applying For A Conditional Permit. (2)(i) Withdrawn under 151.1018;


(a) The owner or operator of each vessel to which this subpart
applies shall apply by letter for a conditional permit required by (2)(ii) Terminated because-
151.1009. Applications must be submitted to Commandant (CG-
CVC-1), Attn: Domestic Vessels Division, U.S. Coast Guard Stop (2)(ii)(A) The vessel is sold; or
7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC
20593-7501 and include the following: (2)(ii)(B) This subpart no longer applies to the vessel.

(1) The name, address, and telephone number of the vessel (c) The Coast Guard may deny the issuance of a conditional
owner and operator. permit if-

(2) The vessel's name and official number, if any. (i) The application does not contain the information required under
151.1012; or
(3) The vessel's area of operation.

359
(ii) There is reason to believe that the information contained on presentation.
the application is not true and correct.
[CGD 89-014, 54 FR 22548, May 24, 1989, as amended by CGD
151.1018 Withdrawal Of A Conditional Permit. 96-026, 61 FR 33665, June 28, 1996; CGD 97-023, 62 FR 33363,
(a) The Coast Guard may withdraw a conditional permit if the June 19, 1997; USCG-2002-12471, 67 FR 41332, June 18, 2002;
Administrator of the EPA requests withdrawal because the USCG-2008-0179, 73 FR 35014, June 19, 2008; USCG-2010-
Administrator has determined that the owner or operator of the 0351, 75 FR 36284, June 25, 2010; USCG-2014-0410, 79 FR
vessel has a record or a pattern of serious violations of- 38435, July 7, 2014]

(1) Subtitle A of the Shore Protection Act of 1988 (33 U.S.C. 2601 151.1024 Display Of Number.
et seq.); (a) The owner or operator of each vessel under this subpart must
ensure that the vessel number stated on the conditional permit
(2) The Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); issued under 151.1015 is displayed so that it-

(3) The Marine Protection, Research, and Sanctuaries Act of (1) Is clearly legible;
1972 (33 U.S.C. 1401 et seq.);
(2) Has a contrasting background;
(4) The Rivers and Harbors Appropriations Act of 1899 (33 U.S.C.
1401 et seq.); or (3) Is readily visible from either side of the vessel; and

(5) The Federal Water Pollution Control Act (33 U.S.C. 1251 et (4) Is in block figures that are at least 18 inches in height.
seq.).
(b) No person may tamper with or falsify a number required under
(b) Upon reaching a determination to withdraw a conditional this section.
permit, the Coast Guard notifies the owner or operator of-
Subpart C-Ballast Water Management For
(1) The withdrawal and the reason for the withdrawal; Control Of Nonindigenous Species In The Great
(2) The procedures for appealing the withdrawal.
Lakes And Hudson River
Authority:16 U.S.C. 4711; Department of Homeland Security
(c) After receiving the notice under paragraph (b) of this section, Delegation No. 0170.1.
the owner or operator shall ensure that-
Source:CGD 91-066, 58 FR 18334, Apr. 8, 1993, unless
(1) The vessel immediately ceases transporting municipal or otherwise noted.
commercial waste and the marking required by 151.1024 is
removed; and 151.1500 Purpose.
The purpose of this subpart is to implement the provisions of the
(2) The conditional permit is returned to the Coast Guard within 5 Nonindigenous Aquatic Nuisance Prevention and Control Act of
days after receiving the notice. 1990 (16 U.S.C. 4701 et seq.).

151.1021 Appeals. 151.1502 Applicability.


(a) Any person directly affected by an action taken under this This subpart applies to all non-recreational vessels, U.S. and
subpart may request reconsideration by the Coast Guard officer foreign, that are equipped with ballast tanks that, after operating
responsible for that action. on the waters beyond the Exclusive Economic Zone during any
part of its voyage, enter the Snell Lock at Massena, New York, or
(b) The person affected who is not satisfied with a ruling after navigates north of the George Washington Bridge on the Hudson
having it reconsidered under paragraph (a) of this section may River, regardless of other port calls in the United States or
Canada during that voyage, except as expressly provided in 33
(1) Appeal that ruling in writing within 30 days after the ruling to CFR 151.2015(a). All vessels subject to this subpart are also
the Commandant (CG-5P), Attn: Assistant Commandant for required to comply with the applicable requirements of 33 CFR
Prevention, U.S. Coast Guard Stop 7501, 2703 Martin Luther 151.2050, 151.2060, and 151.2070.
King Jr. Avenue SE., Washington, DC 20593-7501; and
[USCG-2001-10486, 77 FR 17304, Mar. 23, 2012]
(2) Supply supporting documentation and evidence that the
appellant wishes to have considered. 151.1504 Definitions.
The following terms are defined as used in this subpart.
(c) After reviewing the appeal submitted under paragraph (b) of
this section, the Assistant Commandant for Marine Safety, Alternate management system (AMS) means a ballast water
Security and Environmental Protection issues a ruling which is management system approved by a foreign administration
final agency action. pursuant to the standards set forth in the International Maritime
Organization's International BWM Convention, and meeting all
(d) If the delay in presenting a written appeal has an adverse applicable requirements of U.S. law, and which is used in lieu of
impact on the operations of the appellent, the appeal under ballast water exchange.
paragraph (b) of this section
Ballast tank means any tank or hold on a vessel used for
(1) May be presented orally; and carrying ballast water, whether or not the tank or hold was
designed for that purpose.
(2) Must be submitted in writing within five days after the oral
presentation Ballast water means any water and suspended matter taken on
board a vessel to control or maintain, trim, draught, stability, or
(i) With the basis for the appeal and a summary of the material stresses of the vessel, regardless of how it is carried.
presented orally; and
Ballast water management system (BWMS) means any system
(ii) To the same Coast Guard official who heard the oral which processes ballast water to kill, render harmless, or remove

360
organisms. The BWMS includes all ballast water treatment [USCG-2001-10486, 77 FR 17304, Mar. 23, 2012]
equipment and all associated control and monitoring equipment.
151.1506 Restriction Of Operation.
Captain of the Port (COTP) means the Coast Guard officer No vessel subject to the requirements of this subpart may be
designated as COTP of either the Buffalo, NY, Marine Inspection operated in the Great Lakes or the Hudson River, north of the
Zone and Captain of the Port Zone or the New York, NY, Captain George Washington Bridge, unless the master of the vessel has
of the Port Zone described in part 3 of this chapter or an official certified, in accordance with 151.1516, that the requirements of
designated by the COTP. this subpart have been met.

Commandant means the Commandant of the Coast Guard or an [59 FR 67632, Dec. 30, 1994]
authorized representative.
151.1508 Revocation Of Clearance.
Constructed in respect to a vessel means a stage of A COTP may request the District Director of Customs to withhold
construction when or revoke the clearance required by 46 U.S.C. app. 91 for a
vessel subject to this subpart, the owner or operator of which is
(1) The keel of a vessel is laid; not in compliance with the requirements of this subpart.

(2) Construction identifiable with the specific vessel begins; 151.1510 Ballast water management requirements.
(a) The master of each vessel subject to this subpart shall employ
(3) Assembly of the vessel has commenced and comprises at one of the following ballast water management practices:
least 50 tons or 1 percent of the estimated mass of all structural
material, whichever is less; or (1) Carry out an exchange of ballast water on the waters beyond
the Exclusive Economic Zone (EEZ), from an area more than 200
(4) The vessel undergoes a major conversion. nautical miles from any shore, and in waters more than 2,000
meters (6,560 feet, 1,093 fathoms) deep, such that, at the
Exclusive Economic Zone (EEZ) means the area established by conclusion of the exchange, any tank from which ballast water will
Presidential Proclamation Number 5030, dated March 10, 1983, be discharged contains water with a minimum salinity level of 30
(48 FR 10605, 3 CFR, 1983 Comp., p. 22), which extends from parts per thousand, unless the vessel is required to employ an
the base line of the territorial sea of the United States seaward approved ballast water management system (BWMS) per the
200 miles, and the equivalent zone of Canada. schedule in 151.1512(b) of this subpart. This exchange must
occur prior to entry into the Snell Lock at Massena, NY, or
Environmentally sound method means methods, efforts, navigating on the Hudson River, north of the George Washington
actions, or programs, either to prevent introductions or to control Bridge. An alternative management system (AMS) that meets the
infestations of aquatic nuisance species, that minimize adverse requirements of 33 CFR 151.2026 may also be used, so long as it
impacts to the structure and function of an ecosystem, minimize was installed on the vessel prior to the date that the vessel is
adverse effects on non-target organisms and ecosystems, and required to comply with the ballast water discharge standard in
that emphasize integrated pest management techniques and non- accordance with 151.1512(b) of this subpart. If using an AMS,
chemical measures. the master, owner, operator, agent, or person in charge of the
vessel subject to this subpart may employ the AMS for no longer
Great Lakes means Lake Ontario, Lake Erie, Lake Huron than 5 years from the date they would otherwise be required to
(including Lake Saint Clair), Lake Michigan, Lake Superior, and comply with the ballast water discharge standard in accordance
the connecting channels (Saint Mary's River, Saint Clair River, with 151.1512(b) of this subpart.
Detroit River, Niagara River, and Saint Lawrence River to the
Canadian border), and includes all other bodies of water within (2) Retain the vessel's ballast water on board the vessel. If this
the drainage basin of such lakes and connecting channels. method of ballast water management is employed, the COTP may
seal any tank or hold containing ballast water on board the vessel
Port means a terminal or group of terminals or any place or for the duration of the voyage within the waters of the Great Lakes
facility that has been designated as a port by the COTP. or the Hudson River, north of the George Washington Bridge.

Sediments means any matter settled out of ballast water within a (3) Install and operate a BWMS that has been approved by the
vessel. Coast Guard under 46 CFR part 162, in accordance with
151.1512(b) of this subpart. Following installation of a BWMS,
Voyage means any transit by a vessel destined for the Great the master, owner, operator, agent, or person in charge of the
Lakes or the Hudson River, north of the George Washington vessel must maintain the BWMS in accordance with all
Bridge, from a port or place outside of the EEZ, including manufacturer specifications.
intermediate stops at a port or place within the EEZ.
(i) Requirements for approval of BWMS are found in 46 CFR part
Waters of the United States means waters subject to the 162.060.
jurisdiction of the United States as defined in 33 CFR 2.38,
including the navigable waters of the United States. For 33 CFR (ii) Requests for approval of BWMS must be submitted to the
part 151, subparts C and D, the navigable waters include the Commanding Officer (MSC), Attn: Marine Safety Center, U.S.
territorial sea as extended to 12 nautical miles from the baseline, Coast Guard Stop 7410, 4200 Wilson Boulevard, Suite 400,
pursuant to Presidential Proclamation No. 5928 of December 27, Arlington, VA 20598-7410, or by email to msc@uscg.mil.
1988.
(4) Use only water from a U.S. public water system (PWS), as
[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD defined in 40 CFR 141.2 and that meets the requirements of 40
94-003, 59 FR 67634, Dec. 30, 1994; USCG-1998-3423, 64 FR CFR parts 141 and 143, as ballast water. Vessels using water
26682, May 17, 1999; USCG-2001-10486, 77 FR 17304, Mar. 23, from a PWS as ballast must maintain a record of which PWS they
2012] received the water and a receipt, invoice, or other documentation
from the PWS indicating that water came from that system.
151.1505 Severability. Furthermore, they must certify that they have met the conditions
If a court finds any portion of this subpart to have been in paragraphs (a)(4)(i) or (ii) of this section, as applicable. Vessels
promulgated without proper authority, the remainder of this using water from a PWS must use such water exclusively for all
subpart will remain in full effect. ballast water unless the usage is in accordance with 151.1515 of

361
this subpart. Vessels using PWS water as ballast must have stringent standard; and
either
(ii) Whether testing protocols that can accurately measure efficacy
(i) Previously cleaned the ballast tanks (including removing all of treatment against a performance standard more stringent than
residual sediments) and not subsequently introduced ambient that required by paragraph (a) of this section can be practicably
water; or implemented.

(ii) Never introduced ambient water to those tanks and supply (2) If the Coast Guard determines on the basis of a practicability
lines. review conducted under paragraph (c)(1) of this section that
technology to achieve a significant improvement in ballast water
(b) No master of a vessel subject to this subpart shall separately treatment efficacy could be practicably implemented, the Coast
discharge sediment from tanks or holds containing ballast water Guard will report this finding and will, no later than January 1,
unless it is disposed of ashore in accordance with local 2017, initiate a rulemaking that would establish performance
requirements. standards and other requirements or conditions to ensure to the
maximum extent practicable that aquatic nuisance species are not
(c) Nothing in this subpart authorizes the discharge of oil or discharged into waters of the United States from vessels. If the
noxious liquid substances (NLSs) in a manner prohibited by Coast Guard subsequently finds that it is not able to meet this
United States or international laws or regulations. Ballast water schedule, the Coast Guard will publish a notice in the Federal
carried in any tank containing a residue of oil, NLSs, or any other Register so informing the public, along with an explanation of the
pollutant must be discharged in accordance with the applicable reason for the delay, and a revised schedule for rule making that
regulations. Nothing in this subpart affects or supersedes any shall be as expeditious as practicable.
requirement or prohibitions pertaining to the discharge of ballast
water into the waters of the United States under the Federal (3) When conducting the practicability review as required by
Water Pollution Control Act (33 U.S.C. 1251 et seq.). paragraph (c)(1) of this section, the Coast Guard will consider

(d) Unless otherwise expressly provided for in this subpart, the (i) The capability of any identified technology to achieve a more
master, owner, operator, agent, or person in charge of vessels stringent ballast water discharge standard, in whole or in part;
employing a Coast Guard-approved BWMS must meet the
applicable ballast water discharge standard, found in 151.1511 (ii) The effectiveness of any identified technology in the shipboard
of this subpart, at all times of ballast water discharge into the environment;
waters of the United States.
(iii) The compatibility of any identified technology with vessel
[CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by CGD design and operation;
94-003, 59 FR 67634, Dec. 30, 1994; USCG-1998-3423, 66 FR
58390, Nov. 21, 2001; USCG-2010-0351, 75 FR 36284, June 25, (iv) The safety of any identified technology;
2010; USCG-2001-10486, 77 FR 17304, Mar. 23, 2012; 77 FR
33970, June 8, 2012; USCG-2014-0410, 79 FR 38435, July 7, (v) Whether the use of any identified technology may have an
2014] adverse impact on the environment;

151.1511 Ballast water discharge standard (BWDS). (vi) The cost of any identified technology;
(a) Vessels employing a Coast Guard-approved ballast water
management system (BWMS) must meet the following BWDS by (vii) The economic impact of any identified technology, including
the date in 151.1512(b) of this subpart: the impact on shipping, small businesses, and other uses of the
aquatic environment;
(1) For organisms greater than or equal to 50 micrometers in
minimum dimension: discharge must include fewer than 10 living (viii) The availability, accuracy, precision, and cost of methods
organisms per cubic meter of ballast water. and technologies for measuring the concentrations of organisms,
treatment chemicals, or other pertinent parameters in treated
(2) For organisms less than 50 micrometers and greater than or ballast water as would be required under any alternative
equal to 10 micrometers: discharge must include fewer than 10 discharge standards;
living organisms per milliliter (mL) of ballast water.
(ix) Any requirements for the management of ballast water
(3) Indicator microorganisms must not exceed: included in the most current version of the U.S. Environmental
Protection Agency's Vessel General Permit and any
(i) For Toxicogenic Vibrio cholerae (serotypes O1 and O139): a documentation available from the EPA regarding the basis for
concentration of less than 1 colony forming unit (cfu) per 100 mL. these requirements; and

(ii) For Escherichia coli: a concentration of fewer than 250 cfu per (x) Any other factor that the Coast Guard considers appropriate
100 mL. that is related to the determination of whether identified
technology is performable, practicable, and/or may possibly
(iii) For intestinal enterococci: a concentration of fewer than 100 prevent the introduction and spread of non-indigenous aquatic
cfu per 100 mL. invasive species.

(b) [Reserved] [USCG-2001-10486, 77 FR 17305, Mar. 23, 2012]

(c) The Coast Guard will conduct a practicability review as follows: 151.1512 Implementation schedule for approved ballast
water management methods.
(1) No later than January 1, 2016, the Coast Guard will publish (a) In order to discharge ballast water into the waters of the
the results of a practicability review to determine United States, the master, owner, operator, agent, or person in
charge of a vessel subject to 151.1510 of this subpart must
(i) Whether technology to comply with a performance standard either ensure that the ballast water meets the ballast water
more stringent than that required by paragraph (a) of this section discharge standard as defined in 151.1511(a), use an AMS as
can be practicably implemented, in whole or in part, and, if so, the provided for under 151.1510(a)(1) or ballast exclusively with
Coast Guard will schedule a rulemaking to implement the more water from a U.S. public water system, as described in

362
151.1510(a)(4), according to the schedule in paragraph (b) of this BWMS to manage ballast water discharged to U.S. waters. After
section. the dates listed in Table 151.1512(b), vessels may use a USCG-
approved BWMS and comply with the discharge standard, or
(b) Implementation Schedule for the Ballast Water Management employ an approved alternative ballast water management
Discharge Standard for vessels using a Coast Guard approved method per 151.1510(a)(1) and (4).

Table 151.1512(b)Implementation Schedule for Ballast Water Management


Vessel's
Discharge Standards for Vessels Using Coast Guard Approved Ballast Water
ballastwater Date constructed Vessel's compliance date
Management Systems
capacity

On or after
New vessels All On delivery.
December 1, 2013

Before December 1, First scheduled drydocking


Existing vessels Less than 1500 m3
2013 after January 1, 2016.

Before December 1, First scheduled drydocking


1500-5000 m3
2013 after January 1, 2014.

Greater than 5000 Before December 1, First scheduled drydocking


m3 2013 after January 1, 2016.

[USCG-2001-10486, 77 FR 17305, Mar. 23, 2012] soon as practicable. The vessel may continue to the next port of
call, subject to the directions of the COTP or the Ninth District
151.1513 Extension of Compliance Date. Commander, as provided by 33 CFR part 160.
The Coast Guard may grant an extension to the implementation
schedule in 151.1512(b) of this subpart only in those cases [USCG-2001-10486, 77 FR 17306, Mar. 23, 2012, as amended at
where the master, owner, operator, agent, or person in charge of 77 FR 33970, June 8, 2012]
a vessel subject to this subpart can document that, despite all
efforts, compliance with the requirement under 151.1510 is not 151.1516 Compliance Monitoring.
possible. Any extension request must be made no later than 12 (a) The master of each vessel equipped with ballast tanks must
months before the scheduled implementation date listed in provide, as detailed in 151.2070 of this part, the following
151.1512(b) of this subpart and submitted in writing to the information, in written form, to the Captain of the Port (COTP):
Commandant (CG-OES), Attn: Office of Operating and
Environmental Standards, U.S. Coast Guard Stop 7509, 2703 (1) The vessel's name, port of registry, and official number or call
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. sign.
Summary information concerning all extension decisions,
including the name of the vessel and vessel owner, the term of (2) The name of the vessel's owner(s).
the extension, and the basis for the extension will be promptly
posted on the Internet. Extensions will be for no longer than the (3) Whether ballast water is being carried.
minimum time needed, as determined by the Coast Guard, for the
vessel to comply with the requirements of 151.1510. (4) The original location and salinity, if known, of ballast water
taken on, before an exchange.
[USCG-2001-10486, 77 FR 17306, Mar. 23, 2012, as amended
by USCG-2014-0410, 79 FR 38435, July 7, 2014] (5) The location, date, and time of any ballast water exchange.

151.1514 Vessel Safety. (6) The salinity of any ballast water to be discharged into the
Nothing in this subpart relieves the master of the responsibility for territorial waters of the United States.
ensuring the safety and stability of the vessel or the safety of the
crew and passengers, or any other responsibility. (7) The intended discharge port for ballast water and location for
disposal of sediment carried upon entry into the territorial waters
[CGD 91-066, 58 FR 18334, Apr. 8, 1993. Redesignated by of the United States, if ballast water or sediment are to be
USCG-2001-10486, 77 FR 17305, Mar. 23, 2012] discharged.

151.1515 Ballast water management alternatives under (8) The signature of the master attesting to the accuracy of the
extraordinary conditions. information provided and certifying compliance with the
(a) As long as ballast water exchange (BWE) remains an option requirements of this subpart.
under the schedule in 151.1512(b) of this subpart, the master of
any vessel subject to this subpart who uses BWE to meet the (b) The COTP may take samples of ballast water to assess the
requirements of this subpart and, due to weather, equipment compliance with, and the effectiveness of, this subpart.
failure, or other extraordinary conditions, is unable to effect a
BWE before entering the Exclusive Economic Zone, and intends [CGD 91-066, 58 FR 18334, Apr. 8, 1993, as amended by USCG-
to discharge ballast water into the waters of the United States, 1998-3423, 66 FR 58391, Nov. 21, 2001; USCG-2002-13147, 69
must request permission from the Captain of the Port (COTP) to FR 32869, June 14, 2004; USCG-2001-10486, 77 FR 17306, Mar.
exchange the vessel's ballast water within an area agreed to by 23, 2012]
the COTP at the time of the request and then discharge the
vessel's ballast water within that designated area. 151.1518 Penalties for failure to conduct ballast water
management.
(b) Once BWE is no longer an option under the schedule in (a) A person who violates this subpart is liable for a civil penalty in
151.1512(b) of this subpart, if the ballast water management an amount not to exceed $27,500. Each day of a continuing
system required by this subpart stops operating properly during a violation constitutes a separate violation. A vessel operated in
voyage or the vessel's BWM method is unexpectedly unavailable, violation of the regulations is liable in rem for any civil penalty
the master, owner, operator, agent, or person in charge of the assessed under this subpart for that violation.
vessel must ensure that the problem is reported to the COTP as

363
(b) A person who knowingly violates the regulations of this Seagoing vessel means a vessel in commercial service that
subpart is guilty of a class C felony. operates beyond the boundary line established by 46 CFR part 7.
It does not include a vessel that navigates exclusively on inland
[USCG-2002-13147, 69 FR 32869, June 14, 2004] waters.

Subpart D-Ballast Water Management for Control Shipboard Technology Evaluation Program (STEP) means a
of Nonindigenous Species in Waters of the Coast Guard research program intended to facilitate research,
development, and shipboard testing of effective BWMS. STEP
United States requirements are located at:
Authority:16 U.S.C. 4711; Department of Homeland Security http://www.uscg.mil/environmental_standards/.
Delegation No. 0170.1.
United States means the States, the District of Columbia, Guam,
Source:USCG-2001-10486, 77 FR 17306, Mar. 23, 2012, unless American Samoa, the Virgin Islands, the Commonwealth of
otherwise noted. Puerto Rico, the Commonwealth of the Northern Mariana Islands,
and any other territory or possession over which the United States
151.2000 Purpose and scope. exercises sovereignty.
This subpart implements the provisions of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. Voyage means any transit by a vessel destined for any United
4701-4751), as amended by the National Invasive Species Act of States port or place.
1996.
[USCH-2001-10486, 77 FR 17306, Mar. 23, 2012, as amended at
151.2005 Definitions. 77 FR 33970, June 8, 2012; 80 FR 5330, Jan. 30, 2015]
(a) Unless otherwise stated in this section, the definitions in 33
CFR 151.1504, 33 CFR 160.202, and the United Nations 151.2010 Applicability.
Convention on the Law of the Sea apply to this subpart. This subpart applies to all non-recreational vessels, U.S. and
foreign, that are equipped with ballast tanks and operate in the
(b) As used in this subpart: waters of the United States, except as expressly provided in
151.2015 or 151.2020 of this subpart.
Captain of the Port (COTP) means the Coast Guard officer
designated by the Commandant to command a COTP Zone as 151.2013 Severability.
described in part 3 of this chapter. If a court finds any portion of this subpart to have been
promulgated without proper authority, the remainder of this
Constructed in respect of a vessel means a stage of subpart will remain in full effect.
construction when
151.2015 Exemptions.
(1) The keel of a vessel is laid; (a) The following vessels are exempt from all of the requirements
of this subpart:
(2) Construction identifiable with the specific vessel begins;
(1) Any Department of Defense or Coast Guard vessel subject to
(3) Assembly of the vessel has commenced and comprises at the requirements of section 1103 of the Nonindigenous Aquatic
least 50 tons or 1 percent of the estimated mass of all structural Nuisance Prevention and Control Act, as amended by the
material, whichever is less; or National Invasive Species Act; or any vessel of the Armed Forces,
as defined in the Federal Water Pollution Control Act (33 U.S.C.
(4) The vessel undergoes a major conversion. 1322(a)), that is subject to the "Uniform National Discharge
Standards for Vessels of the Armed Forces" (33 U.S.C. 1322(n)).
Exchange means to replace the water in a ballast tank using one
of the following methods: (2) Any warship, naval auxiliary, or other vessel owned or
operated by a foreign state and used, for the time being, only on
(1) Flow-through exchange means to flush out ballast water by government non-commercial service. However, such vessels
pumping in mid-ocean water at the bottom of the tank and should act in a manner consistent, so far as is reasonable and
continuously overflowing the tank from the top until three full practicable, with this subpart.
volumes of water has been changed to minimize the number of
original organisms remaining in the tank. (b) The following vessels are exempt from the requirements of
151.2025 (ballast water management (BWM) requirements),
(2) Empty/refill exchange means to pump out the ballast water 151.2060 (reporting), and 151.2070 (recordkeeping) of this
taken on in ports, estuarine, or territorial waters until the pump(s) subpart:
lose suction, then refilling the ballast tank(s) with mid-ocean water.
(1) Crude oil tankers engaged in coastwise trade.
International Maritime Organization (IMO) ballast water
management guidelines mean the Guidelines for the Control (2) Vessels that operate exclusively within one Captain of the Port
and Management of Ships' Ballast Water to Minimize the Transfer (COTP) Zone.
of Harmful Aquatic Organisms and Pathogens (IMO Resolution
A.868 (20), adopted November 1997). (c) The following vessels are exempt only from the requirements
of 151.2025 (BWM requirements) of this subpart:
National Ballast Information Clearinghouse (NBIC) means the
National Ballast Information Clearinghouse operated by the Coast (1) Seagoing vessels that operate in more than one COTP Zone,
Guard and the Smithsonian Environmental Research Center as do not operate outside of the Exclusive Economic Zone (EEZ),
mandated under the National Invasive Species Act of 1996. and are less than or equal to 1,600 gross register tons or less
than or equal to 3,000 gross tons (International Convention on
Port or place of departure means any port or place in which a Tonnage Measurement of Ships, 1969).
vessel is anchored or moored.
(2) Non-seagoing vessels.
Port or place of destination means any port or place to which a
vessel is bound to anchor or moor. (3) Vessels that take on and discharge ballast water exclusively in

364
one COTP Zone.
(b) Requests for approval of BWMS must be submitted to the
151.2020 Vessels in innocent passage. Commanding Officer (MSC), Attn: Marine Safety Center, U.S.
A foreign vessel that is merely traversing the territorial sea of the Coast Guard Stop 7410, 4200 Wilson Boulevard, Suite 400,
United States (unless bound for, entering or departing a U.S. port Arlington, VA 20598-7410, or by email to msc@uscg.mil, in
or navigating the internal waters of the U.S.) does not fall within accordance with 46 CFR part 162.
the applicability of this subpart.
(c) A vessel engaged in the foreign export of Alaskan North Slope
151.2025 Ballast water management requirements. Crude Oil must comply with 151.2060 and 151.2070 of this
(a) The master, owner, operator, agent, or person in charge of a subpart, as well as with the provisions of 15 CFR 754.2(j)(1)(iii).
vessel equipped with ballast tanks that operates in the waters of Section 15 CFR 754.2(j)(1)(iii) requires a mandatory program of
the United States must employ one of the following ballast water deep water ballast exchange unless doing so would endanger the
management methods: safety of the vessel or crew.

(1) Install and operate a ballast water management system (d) This subpart does not authorize the discharge of oil or noxious
(BWMS) that has been approved by the Coast Guard under 46 liquid substances (NLS) in a manner prohibited by United States
CFR part 162. The BWMS must be installed in accordance with or international laws or regulations. Ballast water carried in any
151.2035(b) of this subpart. Following installation, the master, tank containing a residue of oil, NLS, or any other pollutant must
owner, operator, agent, or person in charge of the vessel subject be discharged in accordance with applicable laws and regulations.
to this subpart must properly maintain the BWMS in accordance
with all manufacturer specifications. Unless otherwise expressly (e) This subpart does not affect or supersede any requirement or
provided for in this subpart, the master, owner, operator, agent, or prohibition pertaining to the discharge of ballast water into the
person in charge of vessels employing a Coast Guard-approved waters of the United States under the Federal Water Pollution
BWMS must meet the applicable ballast water discharge standard Control Act (33 U.S.C. 1251 to 1376).
(BWDS), found in 151.2030 of this subpart, at all times of
discharge into the waters of the United States. (f) This subpart does not affect or supersede any requirement or
prohibition pertaining to the discharge of ballast water into the
(2) Use only water from a U.S. public water system (PWS), as waters of the United States under the National Marine
defined in 40 CFR 141.2, that meets the requirements of 40 CFR Sanctuaries Act (16 U.S.C. 1431 et seq.).
parts 141 and 143 as ballast water. Vessels using water from a
PWS as ballast must maintain a record of which PWS they (g) Vessels with installed BWMS for testing and evaluation by an
received the water from as well as a receipt, invoice, or other Independent Laboratory in accordance with the requirements of
documentation from the PWS indicating that water came from that 46 CFR 162.060-10 and 46 CFR 162.060-28 will be deemed to be
system. Furthermore, they must certify that they have met the in compliance with paragraph (a)(1) of this section.
conditions in paragraphs (a)(2)(i) or (ii) of this section, as
applicable, and describe in the BWM plan the procedures to be [USCG-2001-10486, 77 FR 17306, Mar. 23, 2012, as amended
used to ensure compliance with those conditions, and thereafter by USCG-2014-0410, 79 FR 38435, July 7, 2014]
document such compliance in the BW record book. Vessels using
water from a PWS must use such water exclusively unless the 151.2026 Alternate management systems.
usage is in accordance with 151.2040 of this subpart. Vessels (a) A manufacturer whose ballast water management system
using PWS water as ballast must have either (BWMS) has been approved by a foreign administration pursuant
to the standards set forth in the International Convention for the
(i) Previously cleaned the ballast tanks (including removing all Control and Management of Ships' Ballast Water and Sediments,
residual sediments) and not subsequently introduced ambient 2004, may request in writing, for the Coast Guard to make a
water; or determination that their BWMS is an alternate management
system (AMS). Requests for determinations under this section
(ii) Never introduced ambient water to those tanks and supply must include:
lines.
(1) The type-approval certificate for the BWMS.
(3) Perform complete ballast water exchange in an area 200
nautical miles from any shore prior to discharging ballast water, (2) Name, point of contact, address, and phone number of the
unless the vessel is required to employ an approved BWMS per authority overseeing the program;
the schedule found in 151.2035(b) of this subpart. An alternate
management system (AMS) that meets the requirements of (3) Final test results and findings, including the full analytical
151.2026 of this subpart may also be used, so long as it was procedures and methods, results, interpretations of the results,
installed on the vessel prior to the date that the vessel is required and full description and documentation of the Quality Assurance
to comply with the BWDS in accordance with 151.2035(b) of this procedures (i.e., sample chain of custody forms, calibration
subpart. If using an AMS, the master, owner, operator, agent, or records, etc.);
person in charge of the vessel subject to this subpart may employ
the AMS for no longer than 5 years from the date they would (4) A description of any modifications made to the system after
otherwise be required to comply with the BWDS in accordance completion of the testing for which a determination is requested;
with 151.2035(b) of this subpart; and

(4) Do not discharge ballast water into waters of the United States. (5) A type approval application as described under 46 CFR
162.060-12.
(5) Discharge to a facility onshore or to another vessel for
purposes of treatment. Any vessel owner/operator discharging (i) Once ballast water management systems are type approved by
ballast water to a facility onshore or to another vessel must the Coast Guard and available for a given class, type of vessels,
ensure that all vessel piping and supporting infrastructure up to or specific vessel, those vessels will no longer be able to install
the last manifold or valve immediately before the dock manifold AMS in lieu of type approved systems.
connection of the receiving facility or similar appurtenance on a
reception vessel prevents untreated ballast water from being (ii) [Reserved]
discharged into waters of the United States.

365
(b) Requests for determinations must be submitted in writing to Guard will report this finding and will, no later than January 1,
the Commanding Officer (MSC), Attn: Marine Safety Center, U.S. 2017, initiate a rulemaking that would establish performance
Coast Guard Stop 7410, 4200 Wilson Boulevard, Suite 400, standards and other requirements or conditions to ensure to the
Arlington, VA 20598-7410. maximum extent practicable that aquatic nuisance species are not
discharged into waters of the United States from vessels. If the
(c) If using an AMS that was installed on the vessel prior to the Coast Guard subsequently finds that it is not able to meet this
date that the vessel is required to comply with the ballast water schedule, the Coast Guard will publish a notice in the Federal
discharge standard in accordance with 151.2035(b), the master, Register so informing the public, along with an explanation of the
owner, operator, agent, or person in charge of the vessel subject reason for the delay, and a revised schedule for rule making that
to this subpart may employ such AMS for no longer than 5 years shall be as expeditious as practicable.
from the date they would otherwise be required to comply with the
ballast water discharge standard in accordance with the (3) When conducting the practicability review as described in
implementation schedule in 151.2035 (b) of this subpart. To paragraph (c)(1) of this section, the Coast Guard will consider-
ensure the safe and effective management and operation of the
AMS equipment, the master, owner, operator, agent or person in (i) The capability of any identified technology to achieve a more
charge of the vessel must ensure the AMS is maintained and stringent BWDS, in whole or in part;
operated in conformity with the system specifications.
(ii) The effectiveness of any identified technology in the shipboard
(d) An AMS determination issued under this section may be environment;
suspended, withdrawn, or terminated in accordance with the
procedures contained in 46 CFR 162.060-18. (iii) The compatibility of any identified technology with vessel
design and operation;
[USCG-2001-10486, 77 FR 17306, Mar. 23, 2012, as amended
by USCG-2014-0410, 79 FR 38435, July 7, 2014] (iv) The safety of any identified technology;

151.2030 Ballast water discharge standard (BWDS). (v) Whether the use of any identified technology may have an
(a) Vessels employing a Coast Guard-approved ballast water adverse impact on the environment;
management system (BWMS) must meet the following BWDS by
the date listed in 151.2035(b) of this subpart: (vi) The cost of any identified technology;

(1) For organisms greater than or equal to 50 micrometers in (vii) The economic impact of any identified technology, including
minimum dimension: Discharge must include fewer than 10 the impact on shipping, small businesses, and other uses of the
organisms per cubic meter of ballast water. aquatic environment;

(2) For organisms less than 50 micrometers and greater than or (viii) The availability, accuracy, precision, and cost of methods
equal to 10 micrometers: Discharge must include fewer than 10 and technologies for measuring the concentrations of organisms,
organisms per milliliter (mL) of ballast water. treatment chemicals, or other pertinent parameters in treated
ballast water as would be required under any alternative
(3) Indicator microorganisms must not exceed: discharge standards;

(i) For toxicogenic Vibrio cholerae (serotypes O1 and O139): A (ix) Any requirements for the management of ballast water
concentration of less than 1 colony forming unit (cfu) per 100 mL. included in the most current version of the Environmental
Protection Agency's Vessel General Permit and any
(ii) For Escherichia coli: a concentration of fewer than 250 cfu per documentation available from the EPA regarding the basis for
100 mL. these requirements; and

(iii) For intestinal enterococci: A concentration of fewer than 100 (x) Any other factor that the Coast Guard considers appropriate
cfu per 100 mL. that is related to the determination of whether identified
technology is performable, practicable, and/or may possibly
(b) [Reserved] prevent the introduction and spread of non-indigenous aquatic
invasive species.
(c) The Coast Guard will conduct a practicability review as follows:
151.2035 Implementation schedule for approved ballast
(1) No later than January 1, 2016, the Coast Guard will publish water management methods.
the results of a practicability review to determine- (a) To discharge ballast water into waters of the United States,
the master, owner, operator, agent, or person in charge of a
(i) Whether technology to comply with a performance standard vessel subject to 151.2025 of this subpart must either ensure
more stringent than that required by paragraph (a) of this section that the ballast water meets the ballast water discharge standard
can be practicably implemented, in whole or in part, and, if so, the as defined in 151.2030(a), use an AMS as described in
Coast Guard will schedule a rulemaking to implement the more 151.2025(a)(3) or ballast with water from a U.S. public water
stringent standard; and system, as described in 151.2025(a)(2), according to the
schedule in paragraph (b) of this section.
(ii) Whether testing protocols that can assure accurate
measurement of compliance with a performance standard more (b) Implementation Schedule for the Ballast Water Management
stringent than that required by paragraph (a) of this section can Discharge Standard for vessels using a Coast Guard approved
be practicably implemented. BWMS to manage ballast water discharged to waters of the U.S.
After the dates listed in Table 151.2035(b), vessels may use a
(2) If the Coast Guard determines on the basis of a practicability USCG-approved BWMS and comply with the discharge standard,
review conducted under paragraph (c)(1) of this section that use PWS per 151.2025(a)(2), or use a previously installed AMS
technology to achieve a significant improvement in ballast water per 151.2025(a)(3).
treatment efficacy could be practicably implemented, the Coast

366
TABLE 151.2035(B)--IMPLEMENTATION SCHEDULE FOR APPROVED BALLAST WATER MANAGEMENT METHODS
----------------------------------------------------------------------------------------------------------------------
Vessel's ballast water
capacity Date constructed Vessel's compliance date
----------------------------------------------------------------------------------------------------------------------
New vessels....... All....................... On or after December 1, 2013 On delivery.
Existing vessels.. Less than 1500 m3......... Before December 1, 2013..... First scheduled drydocking
after January 1, 2016.
1500-5000 m3.............. Before December 1, 2013..... First scheduled drydocking
after January 1, 2014.
Greater than 5000 m3...... Before December 1, 2013..... First scheduled drydocking
after January 1, 2016.
----------------------------------------------------------------------------------------------------------------------

151.2036 Extension of compliance date. (1) The Coast Guard will normally allow a vessel that cannot
The Coast Guard may grant an extension to the implementation practicably meet the requirements of 151.2025(a)(1) of this
schedule listed in 151.2035(b) of this subpart only in those cases subpart because its installed BWMS is inoperable, or the vessel's
where the master, owner, operator, agent, or person in charge of BWM method is unexpectedly unavailable, to employ one of the
a vessel subject to this subpart can document that despite all other ballast water management (BWM) methods listed in
efforts to meet the ballast water discharge standard requirements 151.2025(a) of this subpart.
in 151.2030 of this subpart, compliance is not possible. Any
extension request must be made no later than 12 months before (2) If the master of the vessel determines that the vessel cannot
the scheduled implementation date listed in 151.2035(b) of this employ other BWM methods due to the voyage or safety
subpart and submitted in writing to the Commandant (CG-OES), concerns listed in paragraph (a) of this section, the Coast Guard
Attn: Office of Operating and Environmental Standards, U.S. will normally allow the vessel to discharge ballast water in areas
Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., other than the Great Lakes and the Hudson River north of the
Washington, DC 20593-7509. Summary information concerning George Washington Bridge.
all extension decisions, including the name of the vessel and
vessel owner, the term of the extension, and the basis for the (3) If the Coast Guard approves such an allowance, the vessel
extension will be promptly posted on the Internet. Extensions will must discharge only that amount of ballast water operationally
be for no longer than the minimum time needed, as determined by necessary to ensure the safety and stability of the vessel for
the Coast Guard, for the vessel to comply with the requirements cargo operations. Ballast water records must be made available
of 151.2030. to the local COTP upon request.

[USCG-2001-10486, 77 FR 17306, Mar. 23, 2012, as amended (c) Nothing in this subpart relieves the master, owner, operator,
by USCG-2014-0410, 79 FR 38435, July 7, 2014] agent, or person in charge of a vessel of any responsibility,
including ensuring the safety and stability of the vessel and the
151.2040 Discharge of ballast water in extraordinary safety of the crew and passengers.
circumstances.
(a) The Coast Guard will allow the master, owner, operator, agent, 151.2050 Additional requirements-nonindigenous species
or person in charge of a vessel that cannot practicably meet the reduction practices.
requirements of 151.2025(a) of this subpart, either because its The master, owner, operator, agent, or person in charge of any
voyage does not take it into waters 200 nautical miles or greater vessel equipped with ballast water tanks that operates in the
from any shore for a sufficient length of time and the vessel waters of the United States must follow these practices:
retains ballast water onboard or because the master of the vessel
has identified safety or stability concerns, to discharge ballast (a) Avoid the discharge or uptake of ballast water in areas within,
water in areas other than the Great Lakes and the Hudson River or that may directly affect, marine sanctuaries, marine preserves,
north of the George Washington Bridge. marine parks, or coral reefs.

(1) The Coast Guard will not allow such a discharge if the vessel (b) Minimize or avoid uptake of ballast water in the following areas
is required to have a Coast Guard-approved ballast water and situations:
management system (BWMS) per the implementation schedule
found in 151.2035(b) of this subpart. (1) Areas known to have infestations or populations of harmful
organisms and pathogens (e.g., toxic algal blooms).
(2) If the Coast Guard allows the discharge of ballast water as
described in paragraph (a) of this section, the master, owner, (2) Areas near sewage outfalls.
operator, agent, or person in charge of the vessel must discharge
only that amount of ballast water operationally necessary to (3) Areas near dredging operations.
ensure the safety of the vessel for cargo operations.
(4) Areas where tidal flushing is known to be poor or times when a
(3) Ballast water records must be made available to the local tidal stream is known to be turbid.
Captain of the Port (COTP) upon request.
(5) In darkness, when bottom-dwelling organisms may rise up in
(4) Vessels on a voyage to the Great Lakes or the Hudson River the water column.
north of the George Washington Bridge must comply with the
requirements of 33 CFR 151.1515. (6) Where propellers may stir up the sediment.

(b) If the installed BWMS required by this subpart stops operating (7) Areas with pods of whales, convergence zones, and
properly during a voyage, or the vessel's BWM method is boundaries of major currents.
unexpectedly unavailable, the person directing the movement of
the vessel must ensure that the problem is reported to the nearest (c) Clean the ballast tanks regularly to remove sediments.
COTP or District Commander as soon as practicable. The vessel Sediments must be disposed of in accordance with local, State,
may continue to the next port of call, subject to the directions of and Federal regulations.
the COTP or District Commander, as provided by part 160 of this
chapter. (d) Discharge only the minimal amount of ballast water essential
for vessel operations while in the waters of the United States.

367
(e) Rinse anchors and anchor chains when the anchor is retrieved (ii) Non-U.S. and non-Canadian flag vessels may complete the
to remove organisms and sediments at their places of origin. ballast water information section of the form required by the St.
Lawrence Seaway, "Pre-entry Information from Foreign Flagged
(f) Remove fouling organisms from the vessel's hull, piping, and Vessels Form," and submit it in accordance with the applicable
tanks on a regular basis and dispose of any removed substances Seaway notice as an alternative to this requirement.
in accordance with local, State and Federal regulations.
(2) For any vessel bound for the Hudson River north of the
(g) Maintain a ballast water management (BWM) plan that has George Washington Bridge entering from outside the EEZ: Fax
been developed specifically for the vessel and that will allow the required information to the USCG COTP, New York (718-354-
those responsible for the plan's implementation to understand and 4249) at least 24 hours before the vessel enters New York, NY.
follow the vessel's BWM strategy and comply with the
requirements of this subpart. The plan must include- (3) For any vessel that is equipped with ballast water tanks and
bound for ports or places in the United States and not addressed
(1) Detailed safety procedures; in paragraphs (b)(1) and (b)(2) of this section: If a vessel's voyage
is less than 24 hours, report the required information before
(2) Actions for implementing the mandatory BWM requirements departing the port or place of departure. If a voyage exceeds 24
and practices; hours, report the required information at least 24 hours before
arrival at the port or place of destination. The information must be
(3) Detailed fouling maintenance and sediment removal sent to the National Ballast Information Clearinghouse using only
procedures; one of the following means:

(4) Procedures for coordinating the shipboard BWM strategy with (i) Via the Internet at http://invasions.si.edu/nbic/submit.html.
Coast Guard authorities;
(ii) Email to NBIC@BallastReport.org.
(5) Identification of the designated officer(s) in charge of ensuring
that the plan is properly implemented; (iii) Fax to 301-261-4319.

(6) Detailed reporting requirements and procedures for ports and (iv) Mail to U.S. Coast Guard, c/o Smithsonian Environmental
places in the United States where the vessel may visit; and Research Center, P.O. Box 28, Edgewater, MD 21037-0028.

(7) A translation of the plan into English, French, or Spanish if the (c) If the information submitted in accordance with this section
vessel's working language is another language. changes, the master, owner, operator, agent, or person in charge
of the vessel must submit an amended report before the vessel
(h) Train the master, operator, person in charge, and crew on the departs the waters of the United States.
application of ballast water and sediment management and
treatment procedures. 151.2065 Equivalent reporting methods for vessels other
than those entering the Great Lakes or Hudson River after
(i) When discharging ballast water to a reception facility in the operating outside the U.S. Exclusive Economic Zone or
United States, discharge only to reception facilities that have an Canadian equivalent.
NPDES permit to discharge ballast water. For vessels required to report under 151.2060(b)(3) of this
subpart, the Chief, Environmental Standards Division (CG-5224),
151.2055 Deviation from planned voyage. acting for the Assistant Commandant for Marine Safety, Security,
As long as ballast water exchange (BWE) is an allowable ballast and Stewardship (CG-5), may, upon receipt of a written request,
water management option under 151.2025 and 151.2035 of consider and approve alternative methods of reporting if-
this subpart, the Coast Guard will not require a vessel to deviate
from its voyage or delay the voyage in order to conduct BWE. A (a) Such methods are at least as effective as those required by
vessel may be required to deviate from its voyage or delay the 151.2060 of this subpart; and
voyage if BWE is directed by a Captain of the Port pursuant to
151.2040(b) of this subpart. (b) Compliance with 151.2060 of this subpart is economically or
physically impractical. The Chief, Environmental Standards
151.2060 Reporting requirements. Division (CG-5224), will approve or disapprove a request
(a) Ballast water reporting requirements exist for each vessel submitted in accordance with this section within 30 days of receipt
subject to this subpart bound for ports or places of the United of the request.
States regardless of whether a vessel operated outside of the
Exclusive Economic Zone (EEZ), unless exempted in 151.2015 151.2070 Recordkeeping requirements.
of this subpart. (a) The master, owner, operator, agent, or person in charge of a
vessel bound for a port or place in the United States, unless
(b) The master, owner, operator, agent, or person in charge of a specifically exempted by 151.2015 of this subpart, must ensure
vessel subject to this subpart and this section must provide the the maintenance of written records that include the following
information required by 151.2070 of this subpart in electronic or information:
written form to the Commandant, U.S. Coast Guard or the
appropriate Captain of the Port (COTP). The Ballast Water (1) Vessel information. This includes the name, International
Reporting Form (Office of Management and Budget form Control Maritime Organization (IMO) number (official number if IMO
No. 1625-0069) and the instructions for completing it are available number is not issued), vessel type, owner or operator, gross
on the National Ballast Information Clearinghouse's Web site at tonnage, call sign, and State of registry (flag).
http://invasions.si.edu/nbic/submit.html. Information must be
submitted as follows: (2) Voyage information. This includes the date and port of arrival,
vessel agent, last port and country of call, and next port and
(1) For any vessel bound for the Great Lakes from outside the country of call.
EEZ:
(3) Total ballast water information. This includes the total ballast
(i) Fax the required information at least 24 hours before the vessel water capacity, total volume of ballast water onboard, total
arrives in Montreal, Quebec to the U.S. Coast Guard (USCG) number of ballast water tanks, and total number of ballast water
COTP, Buffalo, Massena Detachment (315-769-5032). tanks in ballast. Use units of measurements such as metric tons

368
(MT), cubic meters (m3), long tons (LT), and short tons (ST). be stored on digital media but must be viewable for Coast Guard
inspection.
(4) Ballast water management (BWM). This includes the total
number of ballast tanks/holds that are to be discharged into the (e) The information required by this subpart may be used to
waters of the United States or to a reception facility. satisfy the ballast water recordkeeping requirements for vessels
subject to 151.2025(c) of this subpart and 33 CFR part 151
(i) If the vessel uses an alternative BWM method, note the subpart C.
number of tanks that are managed using an alternative method,
as well as the type of method used. 151.2075 Enforcement and compliance.
(a) The master, owner, operator, agent, or person in charge of a
(ii) Indicate whether the vessel has a BWM plan and IMO ballast vessel must provide the Captain of the Port (COTP) with access
water management guidelines onboard, and whether the BWM to the vessel in order to take samples of ballast water and
plan is used. sediment, examine documents, and make other appropriate
inquiries to assess the compliance of any vessel subject to this
(5) Information on ballast water tanks that are to be discharged subpart.
into the waters of the United States or to a reception facility.
Include the following: (b) The master, owner, operator, agent, or person in charge of a
vessel subject to this section must provide the records to the
(i) The origin of ballast water. This includes date(s), location(s), COTP upon request, as required by 151.2070 of this subpart.
volume(s) and temperature(s). If a tank has undergone ballast
water exchange (BWE), list the loading port of the ballast water (c) Vessels with installed ballast water management systems are
that was discharged during the exchange. subject to Coast Guard inspection. Every vessel must have a
sampling port(s) designed and installed in accordance with 46
(ii) The date(s), location(s), volume(s), method, thoroughness CFR 162.060-28(f) and (f)(2) at each overboard discharge point.
(percentage exchanged, if BWE conducted), and sea height at
time of exchange of any ballast water exchanged or otherwise (d) In this subpart, wherever multiple entities are responsible for
managed. compliance with any requirement of the rule, each entity is jointly
liable for a violation of such requirement.
(iii) The expected date, location, volume, and salinity of any
ballast water to be discharged into the waters of the United States 151.2080 Penalties.
or to a reception facility. (a) A person who violates this subpart is liable for a civil penalty
not to exceed $35,000. Each day of a continuing violation
(6) Discharge of sediment. Include the name and location of the constitutes a separate violation. A vessel operated in violation of
facility where sediment disposal will take place, if sediment is to the regulations is liable in rem for any civil penalty assessed
be discharged within the jurisdiction of the United States. under this subpart for that violation.

(7) Certification of accurate information. Include the master, (b) A person who knowingly violates the regulations of this
owner, operator, agent, person in charge, or responsible officer's subpart is guilty of a class C felony.
printed name, title, and signature attesting to the accuracy of the
information provided and certifying compliance with the Subpart E-Definition of Marine Debris for the
requirements of this subpart. purposes of the Marine Debris Research,
(b) The master, owner, operator, agent, or person in charge of a
Prevention, and Reduction Act
vessel subject to this section must retain a signed copy of this [Authority: 33 U .S.C. 1951-1958 (2006); 33 CFR 1.05-1;
information onboard the vessel for 2 years. Department of Homeland Security Delegation No. 0170.1.]

(c) Two alternative ways to meet the requirements of this section 151.3000 Definition of Marine Debris for the purposes of the
are- Marine Debris Research, Prevention, and Reduction Act.
(a) Marine debris. For the purposes of the Marine Debris
(1) Completing and retaining the Ballast Water Reporting Form Research, Prevention, and Reduction Act (33 U.S.C. 1951-1958
contained in the IMO ballast water management guidelines; or (2006)) only, marine debris is defined as any persistent solid
material that is manufactured or processed and directly or
(2) Completing the ballast water information section of the form indirectly, intentionally or unintentionally, disposed of or
required by the St. Lawrence Seaway Pre-entry Information from abandoned into the marine environment or the Great Lakes.
Foreign Flagged Vessels.
(b) NOAA and the Coast Guard have jointly promulgated the
(d) The master, owner, operator, agent, or person in charge of a definition of marine debris in this part. NOAA's regulation may be
vessel subject to this section must retain the monitoring records found in 15 CFR part 909.
required in 46 CFR 162.060-20(b) for 2 years. These records may
[74 FR 45560, Sept. 3, 2009]

369
Part 153-Control Of Pollution By Oil And Hazardous
Substances, Discharge Removal
Table of Contents Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
Subpart A-General (c) Chemical agents means those elements, compounds, or
Sec. mixtures that coagulate, disperse, dissolve, emulsify, foam,
153.101 Purpose. neutralize, precipitate, reduce, solubilize, oxidize, concentrate,
153.103 Definitions. congeal, entrap, fix, make the pollutant mass more rigid or
153.105 FWPCA Delegations And Redelegation. viscous, or otherwise facilitate the mitigation of deleterious effects
153.107 [Reserved] or removal of the pollutant from the water. The term chemical
153.109 CERCLA Delegations. agents as used in this part includes dispersants, surface
collecting agents, biological additives, burning agents, and sinking
Subpart B-Notice Of The Discharge Of Oil Or A agents as defined in Subpart H of the National Contingency Plan.
Hazardous Substance (d) Assistant Commandant for Marine Safety, Security and
153.201 Purpose. Environmental Protection means the Coast Guard Officer
153.203 Procedure For The Notice Of Discharge. designated by the Commandant to assist and advise the
153.205 Fines. Commandant on matters related to marine environmental
response, port and environmental safety, and waterways
Subpart C-Removal Of Discharged Oil management.

153.301 Purpose. (e) Coastal waters means all U.S. waters subject to the tide, U.S.
153.303 Applicability. waters of the Great Lakes, specified ports and harbors on the
153.305 Methods And Procedures For The Removal Of inland rivers, waters of the contiguous zone, or other waters of the
Discharged Oil. high seas subject to discharges in connection with activities under
153.307 Penalties. the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) or
the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), or
Subpart D-Administration Of The Pollution Fund which may affect natural resources belonging to, appertaining to,
or under the exclusive management authority of the United States
153.401 Purpose. (including resources under the Magnuson Fishery Conservation
153.403 Applicability. and Management Act (16 U.S.C. 1801 et seq.)). These waters
153.405 Liability To The Pollution Fund. include those contained within the Exclusive Economic Zone
153.407 Payments Or Reimbursement From The Pollution Fund. declared by Presidential Proclamation 5030 on March 10, 1983
153.411 Procedures For Payment Of Judgments. (43 FR 10605).
153.413 Deposit Of Money Into The Fund.
153.415 Cost Summary Reports. Note:Coastal waters are those waters where the Coast Guard
153.417 Reimbursement For Actions Under Section has the responsibility for providing On-Scene Coordinators under
the National Contingency Plan. Specific dividing lines between
311(c) Or 311(d) Of The Act Of The Intervention On The High coastal and inland waters, and the identification of specified ports
Seas Act. and harbors on inland rivers, are contained in Regional
Contingency Plans prepared pursuant to the National
Authority: 14 U.S.C. 633; 33 U.S.C. 1321, 1903, 1908; 42 U.S.C. Contingency Plan.
9615; 46 U.S.C. 6101; E.O. 12580, 3 CFR, 1987 Comp., p. 193;
E.O. 12777, 3 CFR, 1991 Comp., p. 351; Department of (f) Contiguous zone means the entire zone established by the
Homeland Security Delegation No. 0170.1. United States under Article 24 of the Convention on the Territorial
Sea and the Contiguous Zone, as published in the June 1, 1972
Source: CGD 73-185, 41 FR 12630, Mar. 25, 1976, unless issue of the Federal Register (37 FR 11906).
otherwise noted.
(g) Discharge includes, but is not limited to, any spilling, leaking,
pumping, pouring, emitting, emptying, or dumping, but excludes
Subpart A-General (A) discharges in compliance with a permit under Section 402 of
the Act, (B) discharges resulting from circumstances identified
153.101 Purpose. and reviewed and made part of the public record with respect to a
The purpose of this part is to prescribe regulations concerning permit issued or modified under Section 402 of the Act, and
notification to the Coast Guard of the discharge of oil or subject to a condition in such permit, and (C) continuous or
hazardous substances as required by the Federal Water Pollution anticipated intermittent discharges from a point source, identified
Control Act, as amended (FWPCA); the procedures for the in a permit or permit application under section 402 of the Act,
removal of a discharge of oil; and the costs that may be imposed which are caused by events occurring within the scope of relevant
or reimbursed for the removal of a discharge of oil or hazardous operating or treatment systems.
substances under the FWPCA.
(h) Hazardous substance means any substance designated by
[CGD 84-067, 51 FR 17965, May 16, 1986] the Administrator of the Environmental Protection Agency
pursuant to section 311(b)(2) of the Act.
153.103 Definitions.
As used in this part: (i) Inland waters means all other waters of the U.S. not included
in the definition of coastal waters.
(a) Act means the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.). Note:Inland waters are those waters where the Environmental
Protection Agency has the responsibility for providing On-Scene
(b) CERCLA means the Comprehensive Environmental Coordinators under the National Contingency Plan. Specific

370
dividing lines between coastal and inland waters are contained in contrivance used, or capable of being used, as a means of
Regional Contingency Plans prepared pursuant to the National transportation on water other than a public vessel.
Contingency Plan.
[CGD 84-067, 51 FR 17965, May 16, 1986, as amended by CGD
(j) Mechanical removal means the use of pumps, skimmers, 88-052, 53 FR 25121, July 1, 1988; CGD 96-026, 61 FR 33665,
booms, earthmoving equipment, and other mechanical devices to June 28, 1996; CGD 97-023, 62 FR 33363, June 19, 1997;
contain the discharge of oil and to recover the discharge from the USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2008-
water or adjoining shorelines. 0179, 73 35014, June 19, 2008]

(k) Navigable waters means the waters of the United States as 153.105 FWPCA Delegations And Redelegation.
defined in paragraph 2.36(b) of this Chapter. The delegations and redelegations under the Federal Water
Pollution Control Act (FWPCA) [33 U.S.C. 1321 et seq.] are
(l) Offshore facility means any facility of any kind located in, on, published in 1.01-80 and 1.01-85, respectively, of this chapter.
or under, any of the navigable waters of the United States, and
any facility of any kind which is subject to the jurisdiction of the [CGD 91-225, 59 FR 66485, Dec. 27, 1994]
United States and is located in, on, or under any other waters,
other than a vessel or a public vessel. 153.107 [Reserved]

(m) Oil means oil of any kind or in any form, including but not [59 FR 66482, Dec. 27, 1994]
limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with
wastes other than dredged spoil. 153.109 CERCLA Delegations.
The delegations under the Comprehensive Environmental
(n) On-Scene Coordinator or OSC is the Federal official Response, Compensation, and Liability Act of 1980 (CERCLA)
predesignated by the Environmental Protection Agency (EPA) or are published in 1.01-70 of this chapter.
Coast Guard to coordinate and direct Federal removal efforts at
the scene of an oil or hazardous substance discharge as [CGD 83-009, 49 FR 575, Jan. 5, 1984]
prescribed in the National Oil and Hazardous Substances
Pollution Contingency Plan (National Contingency Plan) as Subpart B-Notice Of The Discharge Of Oil Or A
published in 40 CFR Part 300. Hazardous Substance
(o) Onshore facility means any facility (including, but not limited 153.201 Purpose.
to, motor vehicles and rolling stock) of any kind located in, on, or The purpose of this subpart is to prescribe the manner in which
under, any land within the United States other than submerged the notice required in section 311(b)(5) of the Act is to be given
land. and to list the government officials to receive that notice.

(p) Person includes an individual, firm, corporation, association, 153.203 Procedure For The Notice Of Discharge.
and a partnership. Any person in charge of a vessel or of an onshore or offshore
facility shall, as soon as they have knowledge of any discharge of
(q) Pollution Fund and Fund means the revolving fund oil or a hazardous substance from such vessel or facility in
established in the Treasury under the authority in section 311(k) violation of section 311(b)(3) of the Act, immediately notify the
of the Act to carry out the provisions of section 311 (c), (d), (i), Commandant (CG-MER-3), Attn: Industry and Interagency
and (l) of the Act. Coordination Division, U.S. Coast Guard Stop 7516, 2703 Martin
Luther King Jr. Avenue SE., Washington, DC 20593-7516, toll
(r) Public vessel means a vessel owned or bare-boat chartered free telephone number: 800-424-8802, direct telephone: 202-267-
and operated by the United States, or by a State or political 2675, or Fax: 202-267-1322. If direct reporting to the NRC is not
subdivision thereof, or by a foreign nation, except when such practicable, reports may be made to the Coast Guard or EPA
vessel is engaged in commerce. predesignated OSC for the geographic area where the discharge
occurs. All such reports shall be promptly relayed to the NRC. If it
(s) Remove or Removal refers to removal of oil or hazardous is not possible to notify the NRC or the predesignated OSC
substances from the waters and shorelines or the taking of such immediately, reports may be made immediately to the nearest
other actions as may be necessary to minimize or mitigate Coast Guard unit, provided that the person in charge of the vessel
damage to the public health or welfare, including, but not limited or onshore or offshore facility notifies the NRC as soon as
to, fish, shellfish, wildlife, and public and private property, possible. A report made under this section satisfies the reporting
shorelines, and beaches. requirements of 151.15 of this chapter and of 46 CFR 4.05-1, if
required under that provision.
(t) Sorbent means materials essentially inert and insoluble used
to remove oil from water through a variety of sorption Note: Geographical jurisdiction of Coast Guard and EPA OSC's
mechanisms. Examples include straw, expanded perlite, are specified in the applicable Regional Contingency Plan.
polyurethane foam, reclaimed paper fibers, and peat moss. Regional Contingency Plans are available at Coast Guard District
Offices and EPA Regional Offices as indicated in Table 2.
(u) Such quantities as may be harmful means those quantities Addresses and telephone numbers for these offices are listed in
of oil and any hazardous substances determined in accordance Table 1.
with the provisions of section 311(b)(4) of the Act.
[CGD 84-067, 51 FR 17966, May 16, 1986, as amended by CGD
Note:Regulations that relate to such quantities as may be harmful 88-052, 53 FR 25121, July 1, 1988; USCG-2000-6927, 70 FR
of oil are published in 40 CFR Part 110. Regulations that relate to 74675, Dec. 16, 2005; USCG-2006-25150, 71 FR 39209, July 12,
such quantities as may be harmful (reportable quantities) of 2006; USCG-2008-0179, 73 FR 35014, June 19, 2008; USCG-
hazardous substances are published in 40 CFR Part 117 and also 2010-0351, 75 FR 36284, June 25, 2010; USCG-2014-0410, 79
listed in 40 CFR Part 302.(v) United States means the States, the FR 38435, July 7, 2014]
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, and the Trust Territory of the 153.205 Fines.
Pacific Islands. Section 311(b)(5) of the Act prescribes that any person who fails
to notify the appropriate agency of the United States Government
(w) Vessel means every description of watercraft or other artificial immediately of a discharge is, upon conviction, fined in

371
accordance with Title 18, U.S. Code, or imprisoned for not more than 5 years, or both.

TABLE 1.-ADDRESSES AND TELEPHONE NUMBERS OF COAST GUARD DISTRICT


OFFICES AND EPA REGIONAL OFFICES
EPA Regional
Address Telephone
Offices
Region:
1...... .. 1 Congress St., Suite 1100, Boston, MA 02114-2023. 617-918-1111

2...... .. 290 Broadway, New York, NY 10007-1866. 212-637-3000

3...... .. 1650 Arch St., Philadelphia, PA 19103-2029. 215-814-5000

4...... .. Atlanta Federal Center, 61 Forsyth St., SW, Atlanta, GA 30303-3104. 404-562-9900

5...... .. 77 West Jackson Boulevard, Chicago, IL 60604-3507. 312-353-2000

6...... ..Fountain Place 12th Floor, Suite 1200,1445 Ross Avenue, Dallas, TX 75202- 2733. 214-665-2200

7...... .. 901 North 5th St., Kansas City, KS 66101. 913-551-7003

8...... .. 999 18th St., Suite 500, Denver, CO 80202-2466. 303-312-6312

9...... .. 75 Hawthorne St., San Francisco, CA 94105. 415-744-1305

10..... .. 1200 Sixth Avenue, Seattle, WA 98101. 206-553-1200


Coast Guard
District Offices
District:
1st.... .. 408 Atlantic Avenue, Boston, MA 02210-3350. 617-223-8480

5th.... .. Federal Building, 431 Crawford St., Portsmouth, VA 23704-5004. 757-398-6638

7th.... .. 909 S.E. First Avenue, Miami, FL 33131-3050. 305-536-5651

8th.... .. Hale Boggs Federal Bldg., 500 Camp Street, New Orleans, LA 70130-3396. 504-589-6901

9th.... .. 1240 E. 9th St., Cleveland, OH 44199-2060. 216-902-6045

11th... .. Coast Guard Island, Building 50-6, CA 94501-5100. 510-437-2940

13th... .. Jackson Federal Bldg., 915 Second Avenue, Seattle, WA 98174-1067. 206-220-7090

14th... ..Prince PJKK Federal Bldg., Room 9212, 300 Ala Moana Blvd., Honolulu, HI 96850-4982. 808-541-2114

17th... .. P.O. Box 25517, Juneau, AK 99802-5517. 907-463-2199

372
TABLE 2 -STANDARD ADMINISTRATIVE REGIONS OF STATES AND CORRESPONDING COAST GUARD DISTRICTS AND EPA
REGIONS

Coast Illinois:
States and EPA region Guard Great Lakes area......................
District Inland rivers area....................
Indiana: 9th
Region I: Great Lakes area...................... 8th
Inland rivers area....................
Maine.................................. 1st Ohio: 9th
New Hampshire.......................... 1st Great Lakes area...................... 8th
Vermont: Inland rivers area.................... 9th
All except Northwestern portion....... 1st
Northwestern portion.................. 1st Region VI: 9th
Massachusetts.......................... 1st 8th
Connecticut............................ 1st New Mexico.............................
Rhode Island........................... 1st Texas.................................. 9th
Oklahoma............................... 8th
Region II: Arkansas...............................
Louisiana.............................. 9th
New York: 8th
Coastal area and Eastern portion...... 1st Region VII:
Great Lakes area and other portions... 9th
New Jersey: Nebraska...............................
Upper portion......................... 1st Iowa................................... 8th
Lower portion......................... 5th Kansas................................. 8th
Puerto Rico............................ 7th Missouri............................... 8th
Virgin Islands......................... 7th 8th
Region VIII: 8th
Region III:
Montana................................
Pennsylvania: Wyoming................................
Eastern portion....................... 5th Utah................................... 8th
Great Lakes area...................... 9th Colorado............................... 8th
Southwestern portion.................. 8th North Dakota........................... 8th
Maryland............................... 5th South Dakota........................... 8th
Delaware............................... 5th
West Virginia.......................... 8th Region IX:
Virginia............................... 5th
District of Columbia................... 5th California............................. 13th
Nevada................................. 8th
Region IV: Arizona................................ 11th
Hawaii................................. 8th
Kentucky............................... 8th Guam................................... 8th
Tennessee.............................. 8th American Samoa......................... 8th
North Carolina......................... 5th Trust Territory of the Pacific Islands.
South Carolina......................... 7th Northern Mariana Islands...............
Georgia................................ 7th
Florida: Region X: 11th
Atlantic and Gulf coasts.............. 7th 11th
Panhandle area........................ 8th Washington............................. 11th
Alabama................................ 8th Oregon................................. 14th
Mississippi............................ 8th Idaho.................................. 14th
Alaska................................. 14th
Region V: 14th
14th
Minnesota:
Great Lakes area......................
Inland rivers area....................
Wisconsin: 13th
Great Lakes area...................... 13th
Inland rivers area.................... 13th
Michigan............................... 17th
[CGD 84-067, 51 FR 17967, May 16, 1986, as amended by CGD 88-052, 53 FR 25121, July 1, 1988; 62 FR 33359, June 19, 1997; 63 FR
35524, June 30, 1998; 65 FR 40052, June 29, 2000]

Subpart C-Removal Of Discharged Oil 153.303 Applicability.


The provisions of this subpart apply to any owner or operator of a
153.301 Purpose. vessel or onshore or offshore facility from which a discharge of oil
The purpose of this subpart is to prescribe methods and into coastal waters occurs who acts to remove or arranges for the
procedures to be used to remove discharges of oil from coastal removal of such discharges.
waters.
153.305 Methods And Procedures For The Removal Of
Discharged Oil.

373
Each person who removes or arranges for the removal of a or a removal action as defined in Subpart F of the National
discharge of oil from coastal waters shall: Contingency Plan, are reimbursable to Federal and State
agencies when authorized by the appropriate OSC under the
(a) Use to the maximum extent possible mechanical methods and authority of section 311(c) of the Act, and are reimbursable to
sorbents that: Federal agencies when authorized by the appropriate Coast
Guard or EPA official in the case of the summary removal or
(1) Most effectively expedite removal of the discharged oil; and destruction of a vessel, other "intervention" (as defined in
153.105(e) of this Part), or any other action under the authority
(2) Minimize secondary pollution from the removal operations; of section 311(d) of the Act or the Intervention on the High Seas
Act (33 U.S.C. 1471 et seq.):
NOTE: The Federal OSC is authorized by the provisions of the
National Contingency Plan to require or deny the use of specific (1) Costs found to be reasonable by the Coast Guard incurred by
mechanical methods and sorbents. Sorbent selection government industrial type facilities, including charges for
considerations of the OSC include hydrographic and overhead in accordance with the agency's industrial accounting
meteorological conditions, characteristics of the sorbent, and system.
availability of a mechanical method for containment and recovery.
(2) Actual costs for which an agency is required or authorized by
(b) Control the source of discharge, prevent further discharges, any law to obtain full reimbursement.
and halt or slow the spread of the discharge by mechanical
methods or sorbents or both to the maximum extent possible; (3) Costs found to be reasonable by the Coast Guard incurred as
a result of removal activity that are not ordinarily funded by an
(c) Recover the discharged oil from the water or adjoining agency's regular appropriations and that are not incurred during
shorelines by mechanical or manual methods or both to the normal operations. These costs include, but are not limited to, the
maximum extent possible; following:

(d) Use chemical agents only in accordance with the provisions of (3)(i) Travel (transportation and per diem) specifically requested
Subpart H of the National Contingency Plan and with the prior of the agency by the On-Scene Coordinator.
approval of the Federal OSC; and
(3)(ii) Overtime for civilian personnel specifically requested of the
(e) Dispose of recovered oil and oil contaminated materials in agency by the On-Scene Coordinator.
accordance with applicable State and local government
procedures. (3)(iii) Incremental operating costs for vessels, aircraft, vehicles,
and equipment incurred in connection with the removal activity.
[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD
84-067, 51 FR 17966, May 16, 1986] (3)(iv) Supplies, materials, and equipment procured for the
specific removal activity and fully expended during the removal
153.307 Penalties. activity.
Any person who fails or refuses to comply with the provisions of
this part, or to comply with an order issued by the Federal On- (3)(v) Lease or rental of equipment for the specific removal
Scene Coordinator under 33 U.S.C. Secs. 1321(c) or (e)(1)(B), is activity.
liable for a civil penalty per day of violation or an amount equal to
three times the costs incurred by the Oil Spill Liability Trust Fund (a)(3)(vi) Contract costs for the specific removal activity.
as a result of such failure.
(4) Claims payable under Part 25, Subpart H of this title.
[62 FR 16995, Apr. 8, 1997; 63 FR 35524, June 30, 1998]
(b) The District Commander may authorize the direct payment of
Subpart D-Administration Of The Pollution Fund the costs found to be reasonable under paragraph (a)(3) of this
section. Direct payment may only be made to Federal or State
153.401 Purpose.
agencies, or to Federal contractors or suppliers. Direct payments
This subpart prescribes policies, procedures, and reporting
to State or local agency contractors or suppliers will not be
requirements for the payment from and deposit into the Fund
authorized.
established pursuant to section 311(k) of the Act.
(c) The Pollution Fund is not available to pay any foreign, Federal,
153.403 Applicability.
State or local government or agency for the payment or
The provisions of this subpart apply to:
reimbursement of its costs incurred in the removal of oil or
hazardous substances discharged from a vessel or facility that it
(a) Each Federal and State agency that desires reimbursement
owns or operates.
from the Fund for costs incurred during a removal activity; and
NOTE: Federal procurement procedures governing contracts to
(b) The owner or operator of the vessel or onshore or offshore purchase property and services apply to costs incurred as a result
facility from which a discharge occurs that requires Federal of removal activity. Where the public exigency will not permit the
removal activity. delay incident to advertising, purchases and contracts are
negotiated pursuant to 10 U.S.C. 2304(a)(2) or 41 U.S.C.
153.405 Liability To The Pollution Fund.
252(c)(2), as applicable.
The owner or operator of the vessel or onshore or offshore facility
from which a discharge occurs that requires Federal removal
[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD
activity is liable to the pollution fund for the actual costs of Federal
84-067, 51 FR 17967, May 16, 1986]
and State agencies, including the employment and use of
personnel and equipment, not to exceed the limits established by
153.411 Procedures For Payment Of Judgments.
sections 311(f) and (g) of the Act.
An owner or operator of a vessel or an onshore or offshore facility
153.407 Payments Or Reimbursements From The Pollution who obtains a judgment against the United States under section
Fund. 311(i) of the Act may have the judgment satisfied by requesting
(a) The following costs incurred during performance of a Phase III payment of the judgment in writing from the Commandant (CG-
activity as defined in Subpart E of the National Contingency Plan, 094), Attn: Judge Advocate General and Chief Counsel, U.S.

374
Coast Guard Stop 7213, 2703 Martin Luther King Jr. Avenue SE., Or 311(d) Of The Act Of The Intervention On The High Seas
Washington, DC 20593-7213. This request must be accompanied Act.
by a copy of the judgment and must designate to whom payment (a) Each Federal or State agency requesting reimbursement for
should be made. an action authorized under section 311(c) or 311(d) of the Act or
under the Intervention on the High Seas Act must, within 60 days
[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended at after completion of the action, submit to the cognizant District
USCG-2010-0351, 75 FR 36284, June 25, 2010; USCG-2014- Commander, through the OSC for review and certification
0410, 79 FR 38435, July 7, 2014] required in paragraph (b) of this section, lists accompanied by
supporting accounting data, itemizing actual costs incurred.
153.413 Deposit Of Money Into The Fund.
Any person liable for the payment of the following shall remit (b) Requests for reimbursement submitted by Federal and State
payment by check or postal money order, payable to the U.S. agencies are reviewed by the OSC to ensure that the costs for
Coast Guard, to the cognizant District Commander, or to the which reimbursement is being sought were authorized as Phase
Commandant for deposit into the Pollution Fund as prescribed in III removal actions for oil discharges, or removal actions as
section 311(k) of the Act: defined in Subpart F for hazardous substance discharges, and
must have one of the following certifications by the OSC, as
(a) A fine or penalty imposed, assessed, or compromised under appropriate:
section 311 of the Act, including the proceeds of a bond or other
surety obtained pursuant to section 311(b)(6). (1) I certify that the actions for which reimbursement is being
requested in the attached statements were authorized by me as
(b) A claim asserted by the cognizant District Commander for [(Phase III oil removal actions) or (hazardous substance removal
costs recoverable under sections 311(f) and (g) of the Act. actions)], and reasonable costs related thereto are proper for
payment from the Pollution Fund.
(c) A judgment obtained by the United States for costs
recoverable under sections 311(f) and (g) of the Act. ____________________________________________________________
(OSC signature)
153.415 Cost Summary Reports. ____________________________________________________________
As soon as practicable after completion of an action authorized (Incident title)
under section 311(c) or (d) of the Act or the Intervention on the
High Seas Act, the OSC submits a cost summary report to the ____________________________________________________________
cognizant District Commander that includes: (Pollution incident project number)

(a) Names of agencies and contractors authorized to participate in (2) I certify that, except as noted below, the actions for which
the action; reimbursement is being requested in the attached statements
were authorized by me as [(Phase III oil removal actions) or
(b) A general description of the function performed by each (hazardous substance removal actions)], and reasonable costs
participating agency and contractor; related thereto are proper for payment from the Pollution Fund.
The following actions were not authorized by me and are not
(c) An estimate of the cost of each function performed by each subject to reimbursement from the Pollution Fund:
participating agency and contractor; and
____________________________________________________________
(d) A copy of contracts, memoranda, or other documents (OSC Signature)
pertaining to the functions performed by the participating agencies ____________________________________________________________
and contractors. (Incident title)

[CGD 73-185, 41 FR 12630, Mar. 25, 1976, as amended by CGD ____________________________________________________________


84-067, 51 FR 17967, May 16, 1986] (Pollution incident project number)

153.417 Reimbursement For Actions Under Section 311(c) [CGD 84-067, 51 FR 17967, May 16, 1986]

375
Part 154-Facilities Transferring Oil Or Hazardous Material
In Bulk
Table of Contents (d) The following sections of this part apply to mobile facilities:

(1) Section 154.105 Definitions.


Subpart A-General
Sec. (2) Section 154.107 Alternatives.
154.100 Applicability.
154.105 Definitions. (3) Section 154.108 Exemptions.
154.106 Incorporation By Reference.
154.107 Alternatives. (4) Section 154.110 Letter of Intent.
154.108 Exemptions.
154.110 Letter Of Intent. (5) Section 154.120 Facility examinations.
154.120 Facility Examinations.
(6) Section 154.300 Operations Manual: General.
Subpart B-Operations Manual
(7) Section 154.310 Operations Manual: Contents. Paragraphs
154.310 Operations Manual: Contents. (a)(2), (a)(3), (a)(5) through (a)(7), (a)(9), (a)(12), (a)(14), (a)(16),
154.325 Operations Manual: Procedures For Examination. (a)(17)(ii) through (a)(17)(iv), (a)(18), (a)(20) through (23), (c) and
(d).
Subpart C-Equipment Requirements
(8) Section 154.320 Operations Manual: Amendment.
154.500 Hose Assemblies.
154.510 Loading Arms. (9) Section 154.325 Operations Manual: Procedures for
154.520 Closure Devices. examination.
154.525 Monitoring Devices.
154.530 Small Discharge Containment. (10) Section 154.500 Hose assemblies. Paragraphs (a), (b), (c),
154.545 Discharge Containment Equipment. (d)(1) through (3) and (e)(1) through (3).
154.550 Emergency Shutdown.
154.560 Communications. (11) Section 154.520 Closure devices.
154.570 Lighting.
(12) Section 154.530 Small discharge containment. Paragraphs
Subpart D-Facility Operations (a)(1) through (3) and (d).
154.710 Persons In Charge: Designation And Qualification.
(13) Section 154.545 Discharge containment equipment.
Subpart E-Vapor Control Systems (14) Section 154.550 Emergency shutdown.
Authority: 33 U.S.C. 1225, 1231, 1321(j)(1)(C), (j)(5), (j)(6), and
(m)(2); sec. 2, E.O. 12777, 56 FR 54757; Department of (15) Section 154.560 Communications.
Homeland Security Delegation No. 0170.1. Subpart F is also
issued under 33 U.S.C. 2735. Vapor control recovery provisions (16) Section 154.570 Lighting. Paragraphs (c) and (d).
of Subpart P are also issued under 42 U.S.C. 7511b(f)(2).
(17) Section 154.700 General.

Subpart A-General (18) Section 154.710 Persons in charge: Designation and


qualification. Paragraphs (a) through (c), (d)(1) through (3), (d)(7)
154.100 Applicability. and (e).
(a) This part applies to each facility that is capable of transferring
oil or hazardous materials, in bulk, to or from a vessel, where the (19) Section 154.730 Persons in charge: Evidence of designation.
vessel has a total capacity, from a combination of all bulk
products carried, of 39.75 cubic meters (250 barrels) or more. (20) Section 154.735 Safety requirements. Paragraphs (d), (f), (g),
This part does not apply to the facility when it is in a caretaker (j)(1) through (2), (k)(1) through (2), (m), (o) through (q), (r)(1)
status. This part does not apply to any offshore facility operating through (3), (s) and (v).
under the jurisdiction of the Secretary of the Department of
Interior. (21) Section 154.740 Records. Paragraphs (a) through (f) and (j).

(b) Upon written notice to the facility operator, the COTP may (22) Section 154.750 Compliance with Operations Manual.
apply, as necessary for the safety of the facility, its personnel, or
the public, all or portions of 154.735 to each facility that is [CGD 86-034, 55 FR 36252, Sept. 4, 1990, as amended by CGD
capable of transferring oil or hazardous material, in bulk, only to 91-036, 58 FR 7352, Feb. 5, 1993; 61 FR 41452, Aug. 8, 1996]
or from a vessel with a capacity of less than 250 barrels. If the
facility is in caretaker status, the COTP may not apply the 154.105 Definitions.
provisions of 154.735 to the facility if its storage tanks and piping As used in this part:
are gas free.
Barrel means a quantity of liquid equal to 42 U.S. gallons.
(c) Upon a determination by the COTP under 154.1016 that an
MTR facility, as defined in subpart F, could reasonably be Boundary Line means any of the lines described in 46 CFR part
expected to cause substantial harm to the environment by 7.
discharging oil into or on the navigable waters, adjoining
shorelines, or exclusive economic zone, subpart F of this part is Captain of the Port (COTP) means the U.S. Coast Guard officer
applicable to the facility. commanding a Captain of the Port Zone described in Part 3 of

376
this chapter, or that person's authorized representative. facility of any kind which is subject to the jurisdiction of the United
States and is located in, on, or under any other waters, other than
Caretaker Status denotes a facility where all piping, hoses, a vessel or a public vessel.
loading arms, storage tanks, and related equipment in the marine
transfer area are completely free of oil or hazardous materials, Oil means oil of any kind or in any form, including but not limited
where these components have been certified as being gas free, to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with
where piping, hoses, and loading arms terminating near any body wastes other than dredged spoil.
of water have been blanked, and where the facility operator has
notified the COTP that the facility will be in caretaker status. Onshore facility means any facility (including, but not limited to,
motor vehicles and rolling stock) of any kind located in, on, or
Commandant means the Commandant of the Coast Guard or an under any land within the United States other than submerged
authorized representative. land.

Contiguous Zone means the entire zone established by the Person in charge means an individual designated as a person in
United States under Article 24 of the Convention on the Territorial charge of transfer operations under 154.710 (for facilities) or
Sea and the Contiguous Zone, but not extending beyond 12 miles 155.700 (for vessels) of this chapter.
from the baseline from which the breadth of the territorial sea is
measured. STCW means the International Convention on Standards of
Training, Certification, and Watchkeeping for Seafarers, 1978.
District Commander means the officer of the Coast Guard
designated by the Commandant to command a Coast Guard Self-propelled tank vessel means a self-propelled tank vessel
District, as described in Part 3 of this chapter or an authorized other than a tankship.
representative.
Tank barge means a non-self-propelled tank vessel.
Facility means either an onshore or offshore facility, except for an
offshore facility operating under the jurisdiction of the Secretary of Tankship means a self-propelled tank vessel constructed or
the Department of Interior, and includes, but is not limited to, adapted primarily to carry oil or hazardous material in bulk in the
structure, equipment, and appurtenances thereto, used or cargo spaces.
capable of being used to transfer oil or hazardous materials to or
from a vessel or public vessel. Also included are facilities that Tank vessel means a vessel that is constructed or adapted to
tank clean or strip and any floating structure that is used to carry, or that carries, oil or hazardous material in bulk as cargo or
support an integral part of the facility's operation. A facility cargo residue, and that-
includes federal, state, municipal, and private facilities.
(a) Is a vessel of the United States;
Facility operator means the person who owns, operates, or is
responsible for the operation of the facility. (b) Operates on the navigable waters of the United States; or

Hazardous material means a liquid material or substance, other (c) Transfers oil or hazardous material in a port or place subject to
than oil or liquefied gases, listed under 46 CFR 153.40(a), (b), (c), the jurisdiction of the United States.
or (e).
Transfer means any movement of oil or hazardous material to,
Marine transfer area means that part of a waterfront facility from, or within a vessel by means of pumping, gravitation, or
handling oil or hazardous materials in bulk between the vessel, or displacement. A transfer is considered to begin when the person
where the vessel moors, and the first manifold or shutoff valve on in charge on the transferring vessel or facility and the person in
the pipeline encountered after the pipeline enters the secondary charge on the receiving facility or vessel first meet to begin
containment tank required under 40 CFR 112.7 or 49 CFR completing the declaration of inspection as required by 156.150
195.264 inland of the terminal manifold or loading arm, or, in the of this chapter. A transfer is considered to be complete when all
absence of secondary containment, to the valve or manifold the connections for the transfer have been uncoupled and
adjacent to the bulk storage tank, including the entire pier or wharf secured with blanks or other closure devices and both of the
to which a vessel transferring oil or hazardous materials is persons in charge have completed the declaration of inspection to
moored. include the date and time the transfer was complete.

MARPOL 73/78 means the International Convention for the Vessel operator means a person who owns, operates, or is
Prevention of Pollution from Ships, 1973 (done at London, responsible for the operation of a vessel.
November 2, 1973) as modified by the Protocol of 1978 relating to
the International Convention for the Prevention of Pollution from [CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD
Ships, 1973 (done at London, February 17, 1978). 86-034, 55 FR 36252, Sept. 4, 1990; 60 FR 17134, Apr. 4, 1995;
61 FR 41452, Aug. 8, 1996; 62 FR 3610, Jan. 24, 1997; 62 FR
Mobile facility means any facility that can readily change location, 25115, May 8, 1997; 62 FR 37134, July 11, 1997]
such as a tank truck or tank car, other than a vessel or public
vessel. 154.106 Incorporation by reference.
(a) Certain material is incorporated by reference (IBR) into this
Monitoring device means any fixed or portable sensing device part with the approval of the Director of the Federal Register
used to monitor for a discharge of oil or hazardous material onto under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition
the water, within or around a facility, and designed to notify other than that specified in this section, the Coast Guard must
operating personnel of a discharge of oil or hazardous material. publish a notice of change in the Federal Register and the
material must be available to the public. All approved material is
Officer in Charge, Marine Inspection (OCMI) means the U.S. available for inspection at the Coast Guard Headquarters. Contact
Coast Guard officer commanding a Marine Inspection Zone Commandant (CG-ENG), Attn: Office of Design and Engineering
described in Part 3 of this chapter, or an authorized Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King
representative. Jr. Avenue SE., Washington, DC 20593-7509, telephone 202-
372-1418. You may also contact the National Archives and
Offshore facility means any facility of any kind located in, on, or Records Administration (NARA). For information on the
under, any of the navigable waters of the United States, and any availability of this material at NARA, call 202-741-6030 or go to

377
http://www.archives.gov/federal_register/code_of_federal_regulati PurposesPart 1: General Requirements, Edition 4.2 2012-06,
ons/ibr_locations.html. Also, it is available from the sources IBR approved for 154.2102(b).
indicated in this section.
(2) IEC 60309-2 Plugs, Socket-Outlets and Couplers for Industrial
(b) American National Standards Institute (ANSI), 25 West 43rd PurposesPart 2: Dimensional Interchangeability Requirements
Street, 4th floor, New York, NY 10036. for Pin and Contact-tube Accessories, Edition 4.2 2012-05, IBR
approved for 154.2102(b).
(1) ANSI B16.5, Steel Pipe Flanges and Flanged Fittings, 1988,
IBR approved for 154.500(d), 154.2100(b), 154.2101(d), (g) National Electrical Manufacturers Association (NEMA), 1300
154.2202(d), and Appendix A, 7.3 to part 154. North 17th Street, Suite 1752, Rosslyn, VA 22209.

(2) ANSI B16.24, Bronze Pipe Flanges and Flange Fittings Class (1) ANSI NEMA WD-6Wiring Devices, Dimensional
150 and 300, 1979, IBR approved for 154.500(d) and Requirements, 1988 (NEMA WD-6), IBR approved for
154.2100(b). 154.2102(a).

(3) ANSI B31.3, Chemical Plant and Petroleum Refinery Piping, (2) [Reserved]
1987 (including B31.3a-1988, B31.3b-1988, and B31.3c-1989
addenda), IBR approved for 154.510(a) and 154.2100(b). (h) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169-7471.
(c) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005. (1) NFPA 51B, Standard for Fire Prevention in Use of Cutting and
Welding Processes, 1994, IBR approved for 154.735(l).
(1) API Standard 2000, Venting Atmospheric and Low-Pressure
Storage Tanks (Non-refrigerated and Refrigerated), Third Edition, (2) NFPA 70, National Electrical Code, 1987 (NFPA 70 (1987)),
January 1982 (reaffirmed December 1987)(API 2000), IBR IBR approved for 154.735(q).
approved for 154.2103(j) and 154.2203(e), (k), and (l).
(3) NFPA 70, National Electrical Code, 2011 (NFPA 70 (2011)),
(2) API Recommended Practice 550, Manual on Installation of IBR approved for 154.2100(c) and 154.2102(a).
Refinery Instruments and Control Systems, Part IIProcess
Stream Analyzers, Section 1Oxygen Analyzers, Fourth Edition, (i) Oil Companies International Marine Forum (OCIMF), 29 Queen
February 1985 (API 550), IBR approved for 154.2107(f). Anne's Gate, London, SW1H 9BU, England.

(d) American Society of Mechanical Engineers (ASME), Three (1) International Safety Guide for Oil Tankers and Terminals, Fifth
Park Avenue, New York, NY 10016. Ed., 2006 (ISGOTT), IBR approved for 154.735(s),
154.2101(g), and 154.2203(m).
(1) ASME B16.34 -2004, ValvesFlanged, Threaded, and
Welding End, issued September 2, 2005, IBR approved for (2) [Reserved]
154.2100(b).
(j) Underwriters Laboratories, Inc. (UL), 333 Pfingsten Road,
(2) [Reserved] Northbrook, IL 60062.

(e) ASTM International (ASTM), 100 Barr Harbor Drive, West (1) UL 525 Standard for Flame Arresters, 8th Edition, May 9, 2008,
Conshohocken, PA 19428-2959. IBR approved for 154.2001 and 154.2105(j).

(1) ASTM F631-93, Standard Guide for Collecting Skimmer (2) [Reserved]
Performance Data in Controlled Environments (ASTM F631),
IBR approved for Appendix C, 6.3 to part 154. [USCG-1999-5150, 78 FR 42616, July 16, 2013, as amended by
USCG-2014-0410, 79 FR 38436, July 7, 2014]
(2) ASTM F715-95, Standard Test Methods for Coated Fabrics
Used for Oil Spill Control and Storage (ASTM F715), IBR 154.107 Alternatives.
approved for Appendix C, 2.3.1 to part 154. (a) The COTP may consider and approve alternative procedures,
methods, or equipment standards to be used by a facility operator
(3) ASTM F722-82 (Reapproved 2008), Standard Specification for in lieu of any requirement in this part if:
Welded Joints for Shipboard Piping Systems (ASTM F722),
approved November 1, 2008, IBR approved for Appendix A, 8.4, (1) Compliance with the requirement is economically or physically
8.6 to part 154. impractical;

(4) ASTM F1122-87 (Reapproved 1992), Standard Specification (2) The alternative provides an equivalent level of safety and
for Quick Disconnect Couplings (ASTM F1122), IBR approved protection from pollution by oil or hazardous material, which is
for 154.500(d). documented in the request; and

(5) ASTM F1155-98, Standard Practice for Selection and (3) The facility operator submits a written request for the
Application of Piping System Materials (ASTM F1155), IBR alternative.
approved for Appendix A, 7.1, 8.4 to part 154.
(b) The COTP takes final approval or disapproval action on the
(6) ASTM F1273-91 (Reapproved 2007) Standard Specification request, submitted in accordance with paragraph (a) of this
for Tank Vent Flame Arresters (ASTM F1273), approved section, in writing within 30 days of receipt of the request.
December 1, 2007, IBR approved for 154.2001 and 154.2105(j).
[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD
(f) International Electrotechnical Commission (IEC), Bureau 86-034, 55 FR 36252, Sept. 4, 1990; 61 FR 41452, Aug. 8, 1996]
Central de la Commission Electrotechnique Internationale, 3, rue
de Varemb, P.O. Box 131, CH1211 Geneva 20, Switzerland. 154.108 Exemptions.
(a) The Assistant Commandant for Marine Safety, Security and
(1) IEC 60309-1 Plugs, Socket-Outlets and Couplers for Industrial Environmental Protection, acting for the Commandant, grants an

378
exemption or partial exemption from compliance with any 154.740(e) and shall list the deficiencies in the report when the
requirement in this part if: facility is not in compliance with the requirements in this part and
Part 156 of this chapter.
(1) A facility operator submits an application for the exemption via
the COTP; and [CGD 75-124, 45 FR 7169, Jan. 31, 1980]

(2) It is determined, from the application, that: Subpart B-Operations Manual


(2)(i) Compliance with the requirement is economically or 154.310 Operations Manual: Contents.
physically impractical; (a) Each operations manual required by 154.300 must contain:

(2)(ii) No alternative procedures, methods, or equipment (1) The geographic location of the facility;
standards exist that would provide an equivalent level of safety
and protection from pollution by oil or hazardous material; and (2) A physical description of the facility including a plan and/or
plans, maps, drawings, aerial photographs or diagrams, showing
(2)(iii) The likelihood of oil or hazardous material being discharged the boundaries of the facility subject to Coast Guard jurisdiction,
is not substantially increased as a result of the exemption. mooring areas, transfer locations, control stations, wharfs, the
extent and scope of the piping subject to the tests required by
(b) If requested, the applicant must submit any appropriate 156.170(c)(4) of this chapter, and the locations of safety
information, including an environmental and economic equipment. For mobile facilities, a physical description of the
assessment of the effects of and reasons for the exemption, and facility;
proposed procedures, methods or equipment standards.
(3) The hours of operation of the facility;
(c) The exemption may specify the procedures, methods, or
equipment standards that will apply. (4) The sizes, types, and number of vessels that the facility can
transfer oil or hazardous material to or from simultaneously;
(d) An exemption is granted or denied in writing. The decision of
the Assistant Commandant for Marine Safety, Security and (5) For each product transferred at the facility:
Environmental Protection is a final agency action.
(i) Generic or chemical name; and
[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD
88-052, 53 FR 25122, July 1, 1988; CGD 86-034, 55 FR 36252, (ii) The following cargo information:
Sept. 4, 1990; 55 FR 49997, Dec. 4, 1990; 61 FR 33660, June 28,
1996; 61 FR 41452, Aug. 8, 1996; 62 FR 33359, June 19, 1997; (a) The name of the cargo as listed under appendix II of annex II
67 FR 41329, June 18, 2002] of MARPOL 73/78, Table 30.25-1 of 46 CFR 30.25-1, Table
151.05 of 46 CFR 151.05-1, or Table 1 of 46 CFR part 153.
154.110 Letter Of Intent.
(a) The facility operator of any facility to which this part applies (b) A description of the appearance of the cargo;
must submit a letter of intent to operate a facility or to conduct
mobile facility operations to the COTP not less than 60 days (c) A description of the odor of the cargo;
before the intended operations unless a shorter period is allowed
by the COTP. Previously submitted letters of intent need not be (d) The hazards involved in handling the cargo;
resubmitted.
(e) Instructions for safe handling of the cargo;
(b) The letter of intent required by paragraph (a) of this section
may be in any form but must contain: (f) The procedures to be followed if the cargo spills or leaks, or if a
person is exposed to the cargo; and
(1) The names, addresses, and telephone numbers of the facility
operator and the facility owner; (g) A list of fire fighting procedures and extinguishing agents
effective with fires involving the cargo.
(2) The name, address, and telephone number of the facility or, in
the case of a mobile facility, the dispatching office; and (6) The minimum number of persons on duty during transfer
operations and their duties;
(3) Except for a mobile facility, the geographical location of the
facility in relation to the associated body of navigable waters. (7) The name and telephone number of the qualified individual
identified under 154.1026 of this part and the title and/or position
(c) The facility operator of any facility for which a letter of intent and telephone number of the Coast Guard, State, local, and other
has been submitted, shall within five (5) days advise the COTP in personnel who may be called by the employees of the facility in
writing of any changes of information and shall cancel, in writing, an emergency;
the letter for any facility at which transfer operations are no longer
conducted. (8) The duties of watchmen, required by 155.810 of this chapter
and 46 CFR 35.05-15, for unmanned vessels moored at the
[CGD 75-124, 45 FR 7169, Jan. 31, 1980, as amended by CGD facility;
86-034, 55 FR 36252, Sept. 4, 1990; 61 FR 41452, Aug. 8, 1996]
(9) A description of each communication system required by this
154.120 Facility Examinations. part;
(a) The facility operator shall allow the Coast Guard, at any time,
to make any examination and shall perform, upon request, any (10) The location and facilities of each personnel shelter, if any;
test to determine compliance with this part and part 156, as
applicable. The facility operator shall conduct all required testing (11) A description and instructions for the use of drip and
of facility equipment in a manner acceptable to the Coast Guard. discharge collection and vessel slop reception facilities, if any;

(b) The COTP shall provide the facility operator with a written (12) A description and the location of each emergency shutdown
report of the results of the examination for the record required by system;

379
(13) Quantity, types, locations, and instructions for use of (iii) Steady-state operating procedures;
monitoring devices if required by 154.525;
(iv) Provisions for dealing with pyrophoric sulfide (for facilities
(14) Quantity, type, location, instructions for use, and time limits which handle inerted vapors of cargoes containing sulfur);
for gaining access to the containment equipment required by
154.545; (v) Alarms and shutdown devices; and

(15) Quantity, type, location, and instructions for use of fire (vi) Pre-transfer equipment inspection requirements.
extinguishing equipment required by 154.735(d) of this part;
(4) The VCS description required by paragraph (b)(1) of this
(16) The maximum allowable working pressure (MAWP) of each section must include all test procedures and a checklist for use
loading arm, transfer pipe system, and hose assembly required to during the testing of the VCS required by 33 CFR 156.170(g). The
be tested by 156.170 of this chapter, including the maximum test procedures must specify
relief valve setting (or maximum system pressure when relief
valves are not provided) for each transfer system; (i) All tests required for initial certification under 33 CFR
154.2022(d);
(17) Procedures for:
(ii) All components that are to be tested; and
(i) Operating each loading arm including the limitations of each
loading arm; (iii) Procedures for testing each component.

(ii) Transferring oil or hazardous material; (5) The VCS description required by paragraph (b)(1) of this
section must include
(iii) Completion of pumping; and
(i) A list of all cargoes the VCS is approved to control; and
(iv) Emergencies;
(ii) Copies of any Coast Guard letters exempting the VCS from
(18) Procedures for reporting and initial containment of oil or regulatory requirements.
hazardous material discharges;
(6) The VCS description required by paragraph (b)(1) of this
(19) A brief summary of applicable Federal, state, and local oil or section must include detailed operating instructions for a cargo
hazardous material pollution laws and regulations; line clearance system as described in 33 CFR 154.2104, if such a
system is used by a facility;
(20) Procedures for shielding portable lighting authorized by the
COTP under 154.570(c); and (7) The VCS description required by paragraph (b)(1) of this
section must include the following for a tank barge cleaning facility:
(21) A description of the training and qualification program for
persons in charge. (i) A physical description of the facility and facility plan showing
mooring areas, locations where cleaning operations are
(22) Statements explaining that each hazardous materials transfer conducted, control stations, and locations of safety equipment;
hose is marked with either the name of each product which may
be transferred through the hose or with letters, numbers, symbols, (ii) The sizes, types, and number of tank barges from which the
color codes or other system acceptable to the COTP representing facility can conduct cleaning operations simultaneously; and
all such products and the location in the Operations Manual
where a chart or list of symbols utilized is located and a list of the (iii) The minimum number of persons required to be on duty
compatible products which may be transferred through the hose during cleaning operations and the duties of each.
can be found for consultation before each transfer; and
(c) The facility operator shall incorporate a copy of each
(23) For facilities that conduct tank cleaning or stripping amendment to the operations manual under 154.320 in each
operations, a description of their procedures. copy of the manual with the related existing requirement, or add
the amendment at the end of each manual if not related to an
(b) existing requirement.

(1) The operations manual must contain a description of the (d) The operations manual must be written in the order specified
facility's vapor control system (VCS), if the facility in paragraph (a) of this section, or contain a cross-referenced
index page in that order.
(i) Collects vapor emitted from vessel cargo tanks for recovery,
destruction, or dispersion; or (Approved by the Office of Management and Budget under control
number 1625-0093)
(ii) Balances or transfers vapor to or from vessel cargo tanks.
[CGD 75-124, 45 FR 7171, Jan. 31, 1980, as amended by CGD
(2) The VCS description required by paragraph (b)(1) of this 88-102, 55 FR 25428, June 21, 1990; CGD 86-034, 55 FR 36253,
section must include a line diagram or simplified piping and Sept. 4, 1990; CGD 92-027, 58 FR 39662, July 26, 1993; CGD
instrumentation diagram (P&ID) of the facility's VCS piping, 93-056, 61 FR 41459, Aug. 8, 1996; USCG-2006-25150, 71 FR
including the location of each valve, control device, pressure- 39209, July 12, 2006; USCG-1999-5150, 78 FR 42617, July 16,
vacuum relief valve, pressure indicator, flame arrester, and 2013]
detonation arrester;
154.325 Operations Manual: Procedures For Examination.
(3) The VCS description required by paragraph (b)(1) of this (a) The operator of a facility shall submit two copies of the
section must describe the design and operation of its Operations Manual to the Captain of the Port of the zone in which
the facility is located.
(i) Vapor line connection;
(b) Not less than 60 days prior to any transfer operation, the
(ii) Startup and shutdown procedures; operator of a new facility shall submit, with the letter of intent, two

380
copies of the Operations Manual to the Captain of the Port of the (3) For hazardous materials, the words HAZMAT SERVICE
zone in which the facility is located. SEE LIST followed immediately by a letter, number or other
symbol that corresponds to a list or chart contained in the facility's
(c) After a facility is removed from caretaker status, not less than operations manual or the vessel's transfer procedure documents
30 days prior to any transfer operation the operator of that facility which identifies the products that may be transferred through a
shall submit two copies of the Operations Manual to the COTP of hose bearing that symbol.
the zone in which the facility is located unless the manual has
been previously examined and no changes have been made (f) Each hose also must be marked with the following, except that
since the examination. the information required by paragraphs (f)(2) and (3) of this
section need not be marked on the hose if it is recorded in the
(d) If the COTP finds that the Operations Manual meets the hose records of the vessel or facility, and the hose is marked to
requirements of this part and part 156 of this chapter, the COTP identify it with that information:
will return one copy of the manual to the operator marked
Examined by the Coast Guard. (1) Maximum allowable working pressure;

(e) If the COTP finds that the Operations Manual does not meet (2) Date of manufacture; and
the requirements of this part and/or part 156 of this chapter, the
COTP will return the manuals with an explanation of why it does (3) Date of the latest test required by 33 CFR 156.170.
not meet the requirements of this chapter.
(g) The hose burst pressure and the pressure used for the test
(f) No person may use any Operations Manual for transfer required by 33 CFR 156.170 must not be marked on the hose and
operations as required by this chapter unless the Operations must be recorded elsewhere at the facility as described in
Manual has been examined by the COTP. paragraph (f) of this section.

(g) The Operations Manual is voided if the facility operator (h) Each hose used to transfer fuel to a vessel that has a fill pipe
for which containment cannot practically be provided must be
(1) Amends the Operations Manual without following the equipped with an automatic back pressure shutoff nozzle.
procedures in 154.320 of this part;
[USCG-1999-5150, 78 FR 42617, July 16, 2013]
(2) Fails to amend the Operations Manual when required by the
COTP; or 154.510 Loading Arms.
(a) Each mechanical loading arm used for transferring oil or
(3) Notifies the COTP in writing that the facility will be placed in hazardous material and placed into service after June 30, 1973,
caretaker status. must meet the design, fabrication, material, inspection, and
testing requirements in ANSI B31.3 (incorporated by reference;
[CGD 93-056, 61 FR 41459, Aug. 8, 1996] see 154.106).

Subpart C Equipment Requirements (b) The manufacturer's certification that the standard in paragraph
(a) of this section has been met must be permanently marked on
154.500 Hose Assemblies. the loading arm or recorded elsewhere at the facility with the
Each hose assembly used for transferring oil or hazardous loading arm marked to identify it with that information.
material must meet the following requirements:
(c) Each mechanical loading arm used for transferring oil or
(a) The minimum design burst pressure for each hose assembly hazardous material must have a means of being drained or
must be at least four times the sum of the pressure of the relief closed before being disconnected after transfer operations are
valve setting (or four times the maximum pump pressure when no completed.
relief valve is installed) plus the static head pressure of the
transfer system, at the point where the hose is installed. [CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD
86-034, 55 FR 36253, Sept. 4, 1990; USCG-2001-8661, 74 FR
(b) The maximum allowable working pressure (MAWP) for each 45022, Aug. 31, 2009]
hose assembly must be more than the sum of the pressure of the
relief valve setting (or the maximum pump pressure when no relief 154.520 Closure Devices.
valve is installed) plus the static head pressure of the transfer (a) Except as provided in paragraph (b) of this section, each
system, at the point where the hose is installed. facility to which this part applies must have enough butterfly
valves, wafer-type resilient seated valves, blank flanges, or other
(c) Each nonmetallic hose must be usable for oil or hazardous means acceptable to the COTP to blank off the ends of each hose
material service. or loading arm that is not connected for the transfer of oil or
hazardous material. Such hoses and/or loading arms must be
(d) Each hose assembly must either have blanked off during the transfer of oil or hazardous material. A
suitable material in the joints and couplings shall be installed on
(1) Full threaded connections; each end of the hose assembly or loading arm not being used for
transfer to ensure a leak-free seal.
(2) Flanges that meet ANSI B16.5 or ANSI B16.24 (both
incorporated by reference, see 33 CFR 154.106); or (b) A new, unused hose, and a hose that has been cleaned and is
gas free, is exempt from the requirements of paragraph (a) of this
(3) Quick-disconnect couplings that meet ASTM F1122 section.
(incorporated by reference, see 33 CFR 154.106).
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD
(e) Each hose must be marked with one of the following: 86-034, 55 FR 36253, Sept. 4, 1990; 61 FR 41452, Aug. 8, 1996]

(1) The name of each product for which the hose may be used; or 154.525 Monitoring Devices.
The COTP may require the facility to install monitoring devices if
(2) For oil products, the words OIL SERVICE; or the installation of monitoring devices at the facility would

381
significantly limit the size of a discharge of oil or hazardous (c) Each facility must establish time limits, subject to approval by
material and either: the COTP, for deployment of the containment material and
equipment required by paragraph (a) of this section considering:
(a) The environmental sensitivity of the area requires added
protection; (1) Oil or hazardous material handling rates;

(b) The products transferred at the facility pose a significant threat (2) Oil or hazardous material capacity susceptible to being
to the environment; or spilled;

(c) The size or complexity of the transfer operation poses a (3) Frequency of facility operations;
significant potential for a discharge of oil or hazardous material.
(4) Tidal and current conditions;
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD
86-034, 55 FR 36253, Sept. 4, 1990] (5) Facility age and configuration; and

154.530 Small Discharge Containment. (6) Past record of discharges.


(a) Except as provided in paragraphs (c), (d), and (e) of this
section, each facility to which this part applies must have fixed (d) The COTP may require a facility to surround each vessel
catchments, curbing, or other fixed means to contain oil or conducting an oil or hazardous material transfer operation with
hazardous material discharged in at least- containment material before commencing a transfer operation if-

(1) Each hose handling and loading arm area (that area on the (1) The environmental sensitivity of the area requires the added
facility that is within the area traversed by the free end of the hose protection;
or loading arm when moved from its normal stowed or idle
position into a position for connection); (2) The products transferred at the facility pose a significant threat
to the environment;
(2) Each hose connection manifold area; and
(3) The past record of discharges at the facility is poor; or
(3) Under each hose connection that will be coupled or uncoupled
as part of the transfer operation during coupling, uncoupling, and (4) The size or complexity of the transfer operation poses a
transfer. significant potential for a discharge of oil or hazardous material;
and
(b) The discharge containment means required by paragraph (a)
of this section must have a capacity of at least: (5) The use of vessel containment provides the only practical
means to reduce the extent of environmental damage.
(1) Two barrels if it serves one or more hoses of 6-inch inside
diameter or smaller, or loading arms of 6-inch nominal pipe size (e) Equipment and procedures maintained to satisfy the
diameter or smaller; provisions of this chapter may be utilized in the planning
requirements of subpart F and Subpart H of this part.
(2) Three barrels if it serves one or more hoses with an inside
diameter of more than 6-inches, but less than 12 inches, or [CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD
loading arms with a nominal pipe size diameter of more than 6 86-034, 55 FR 36253, Sept. 4, 1990; 61 FR 41452, Aug. 8, 1996;
inches, but less than 12 inches; or 65 FR 40820, June 30, 2000]

(3) Four barrels if it serves one or more hoses of 12-inch inside 154.550 Emergency Shutdown.
diameter or larger, or loading arms of 12-inch nominal pipe size (a) The facility must have an emergency means to enable the
diameter or larger. person in charge of the transfer on board the vessel, at that
person's usual operating station, to stop the flow of oil or
(c) The facility may use portable means of not less than 1/2 barrel hazardous material from the facility to the vessel. The means
capacity each to meet the requirements of paragraph (a) of this must be-
section for part or all of the facility if the COTP finds that fixed
means to contain oil or hazardous material discharges are not (1) An electrical, pneumatic, or mechanical linkage to the facility;
feasible. or

(d) A mobile facility may have portable means of not less than five (2) An electronic voice communications system continuously
gallons capacity to meet the requirements of paragraph (a) of this operated by a person on the facility who can stop the flow of oil or
section. hazardous material immediately.

(e) Fixed or portable containment may be used to meet the (b) The point in the transfer system at which the emergency
requirements of paragraph (a)(3) of this section. means stops the flow of oil or hazardous material on the facility
must be located near the dock manifold connection to minimize
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD the loss of oil or hazardous material in the event of the rupture or
86-034, 55 FR 36253, Sept. 4, 1990; 61 FR 41452, Aug. 8, 1996] failure of the hose, loading arm, or manifold valve.

154.545 Discharge Containment Equipment. (c) For oil transfers, the means used to stop the flow under
(a) Each facility must have ready access to enough containment paragraph (a) of this section must stop that flow within-
material and equipment to contain any oil or hazardous material
discharged on the water from operations at that facility. (1) 60 seconds on any facility or portion of a facility that first
transferred oil on or before November 1, 1980; and
(b) For the purpose of this section, "access" may be by direct
ownership, joint ownership, cooperative venture, or contractual (2) 30 seconds on any facility that first transfers oil after
agreement. November 1, 1980.

382
(d) For hazardous material transfers, the means used to stop the otherwise interfere with navigation on the adjacent waterways.
flow under paragraph (a) of this section must stop that flow within-
[CGD 75-124, 45 FR 7172, Jan. 31, 1980, as amended by CGD
(1) 60 seconds on any facility or portion of a facility that first 86-034, 55 FR 36253, Sept. 4, 1990]
transferred hazardous material before October 4, 1990; and
Subpart D Facility Operations
(2) 30 seconds on any facility that first transfers hazardous
material on or after October 4, 1990. 154.710 Persons In Charge: Designation And Qualification.
No person may serve, and the facility operator may not use the
[CGD 86-034, 55 FR 36253, Sept. 4, 1990] services of a person, as person in charge of facility transfer
operations unless:
154.560 Communications.
(a) Each facility must have a means that enables continuous two- (a) The facility operator has designated that person as a person in
way voice communication between the person in charge of the charge;
vessel transfer operation and the person in charge of the facility
transfer operation. (b) The person has had at least 48 hours of experience in transfer
operations at a facility in operations to which this part applies. The
(b) Each facility must have a means, which may be the person also has enough experience at the facility for which
communications system itself, that enables a person on board a qualification is desired to enable the facility operator to determine
vessel or on the facility to effectively indicate the desire to use the that the person's experience is adequate;
means of communication required by paragraph (a) of this section.
(c) The means required by paragraph (a) of this section must be (c) The person has completed a training and qualification program
usable and effective in all phases of the transfer operation and all established by the facility operator and described in the
conditions of weather at the facility. Operations Manual in accordance with 154.310(a)(21), that
provides the person with the knowledge and training necessary to
(d) A facility may use the system in 154.550(a)(2) to meet the properly operate the transfer equipment at the facility, perform the
requirement of paragraph (a) of this section. duties described in paragraph (d) of this section, follow the
procedures required by this part, and fulfill the duties required of a
(e) Portable radio devices used to comply with paragraph (a) of person in charge during an emergency, except that the COTP
this section during the transfer of flammable or combustible may approve alternative experience and training requirements for
liquids must be marked as intrinsically safe by the manufacturer of new facilities; and
the device and certified as intrinsically safe by a national testing
laboratory or other certification organization approved by the (d) The facility operator must certify that each person in charge
Commandant as defined in 46 CFR 111.105-11. As an alternative has the knowledge of, and skills necessary to-
to the marking requirement, facility operators may maintain
documentation at the facility certifying that the portable radio (1) The hazards of each product to be transferred;
devices in use at the facility are in compliance with this section.
(2) The rules in this part and in Part 156 of this chapter;
[CGD 75-124, 45 FR 7172, Jan. 31, 1980; 45 FR 43705, June 30,
1980; 61 FR 41452, Aug. 8, 1996; 61 FR 42462, Aug. 15, 1996] (3) The facility operating procedures as described in the
operations manual;
154.570 Lighting.
(a) Except as provided in paragraph (c) of this section, for (4) Vessel transfer systems, in general;
operations between sunset and sunrise, a facility must have fixed
lighting that adequately illuminates: (5) Vessel transfer control systems, in general;

(1) Each transfer connection point on the facility; (6) Each facility transfer control system to be used;

(2) Each transfer connection point in use on any barge moored at (7) Follow local discharge reporting procedures; and
the facility to or from which oil or hazardous material is being
transferred; (8) Carry out the facility's response plan for discharge reporting
and containment.
(3) Each transfer operations work area on the facility; and
(e) Training conducted to comply with the hazard communication
(4) Each transfer operation work area on any barge moored at the programs required by the Occupational Safety and Health
facility to or from which oil or hazardous material is being Administration (OSHA) of the Department of Labor (DOL) (29
transferred. CFR 1910.1200) or the Environmental Protection Agency (EPA)
(40 CFR 311.1), or to meet the requirements of subpart F of this
(b) Where the illumination is apparently inadequate, the COTP part may be used to satisfy the requirements in paragraphs (c)
may require verification by instrument of the levels of illumination. and (d) of this section, as long as the training addresses the
On a horizontal plane 3 feet above the barge deck or walking requirements in paragraphs (c) and (d) of this section.
surface, illumination must measure at least:
(Sec. 311(j)(1)(C) of the Federal Water Pollution Control Act (86
(1) 5.0 foot candles at transfer connection points; and Stat. 816, 868); 33 U.S.C. 1161(j)(1)(C); EO 11548, 3 CFR, 1966-
1970 Comp., p. 949; 49 CFR 1.46(m))
(2) 1.0 foot candle in transfer operations work areas.
[CGD 71-160R, 37 FR 28253, Dec. 21, 1972, as amended by
(c) For small or remote facilities, the COTP may authorize CGD 86-034, 55 FR 36253, Sept. 4, 1990; 61 FR 41452, Aug. 8,
operations with an adequate level of illumination provided by the 1996]
vessel or by portable means.
Subpart E-Vapor Control Systems [Reserved}
(d) Lighting must be located or shielded so as not to mislead or

383
Part 155-Oil Or Hazardous Material Pollution Prevention
Regulations For Vessels
Table of Contents 155.720 Transfer Procedures.
155.730 Compliance With Transfer Procedures.
155.740 Availability Of Transfer Procedures.
Subpart AGeneral 155.750 Contents Of Transfer Procedures.
Sec. 155.760 Amendment Of Transfer Procedures.
155.100 Applicability. 155.770 Draining Into Bilges.
155.110 Definitions. 155.775 Maximum Cargo Level Of Oil.
155.120 Equivalents. 155.780 Emergency Shutdown.
155.130 Exemptions. 155.785 Communications.
155.140 Incorporation By Reference. 155.790 Deck Lighting.
155.800 Transfer Hose.
Subpart B-Vessel Equipment 155.805 Closure Devices.
155.810 Tank Vessel Security.
155.200 Definitions. 155.815 Tank Vessel Integrity.
155.205 Discharge Removal Equipment For Vessels 400 Feet 155.820 Records.
Or Greater In Length.
155.210 Discharge Removal Equipment For Vessels Less Than Subpart D-Response Plans
400 Feet In Length.
155.215 Discharge Removal Equipment For Inland Oil Barges. 155.1010 Purpose.
155.220 Discharge Removal Equipment For Vessels Carrying 155.1015 Applicability.
Oil As Secondary Cargo. 155.1020 Definitions.
155.225 Internal Cargo Transfer Capability. 155.1025 Operating Restrictions And Interim Operating
155.230 Emergency Control Systems For Tank Barges. Authorization.
155.235 Emergency Towing Capability For Oil Tankers. 155.1026 Qualified Individual And Alternate Qualified Individual.
155.240 Damage Stability Information For Oil Tankers And 155.1030 General Response Plan Requirements.
Offshore Oil Barges. 155.1035 Response Plan Requirements For Manned Vessels
155.245 Damage Stability Information For Inland Oil Barges. Carrying Oil As A Primary Cargo.
155.250 Oil fuel tank protection. 155.1040 Response Plan Requirements For Unmanned Tank
155.310 Containment Of Oil And Hazardous Material Cargo Barges Carrying Oil As A Primary Cargo.
Discharges. 155.1045 Response Plan Requirements For Vessels Carrying Oil
155.320 Fuel Oil And Bulk Lubricating Oil Discharge As A Secondary Cargo.
Containment 155.1050 Response Plan Development And Evaluation Criteria or
155.350 Oily Mixture (Bilge Slops)/Fuel Oil Tank Ballast Water Vessels Carrying Groups I Through IV Petroleum Oil As
Discharges On Oceangoing Ships Of Less Than 400 A Primary Cargo.
Gross Tons. 155.1052 Response Plan Development And Evaluation Criteria
155.360 Oily Mixture (Bilge Slops) Discharges On Oceangoing For Vessels Carrying Group V Petroleum Oil As A
Ships Of 400 Gross Tons And Above But Less Than Primary Cargo.
10,000 Gross Tons, Excluding Ships That Carry Ballast 155.1055 Training.
Water In Their Fuel Oil Tanks. 155.1060 Exercises.
155.370 Oily Mixture (Bilge Slops)/Fuel Oil Tank Ballast Water 155.1062 Inspection And Maintenance Of Response Resources.
Discharges On Oceangoing Ships Of 10,000 Gross 155.1065 Procedures For Plan Submission, Approval, Requests
Tons And Above And Oceangoing Ships Of 400 Gross For Acceptance Of Alternative Planning Criteria, And
Tons And Above That Carry Ballast Water In Their Fuel Appeal.
Oil Tanks. 155.1070 Procedures For Plan Review, Revision, Amendment,
155.380 Oily-Water Separating Equipment, Bilge Alarm, And And Appeal.
Bilge Monitor Approval Standards.
155.400 Platform Machinery Space Drainage On Oceangoing Subpart E-Additional Response Plan
Fixed Or Floating Drilling Rigs And Other Platforms. Requirements For Tankers Loading Cargo At A
155.420 Pumping, Piping And Discharge Requirements For Facility Permitted Under The Trans-Alaska
Oceangoing Ships Of 100 Gross Tons And Above But
Less Than 400 Gross Tons.
Pipeline Authorization Act
155.430 Standard Discharge Connections For Oceangoing 155.1110 Purpose And Applicability
Ships Of 400 Gross Tons And Above. 155.1115 Definitions
155.440 Segregation Of Fuel Oil And Ballast Water On New 155.1120 Operating Restrictions And Interim Operating
Oceangoing Ships Of 4,000 Gross Tons And Above Authorization
Other Than Oil Tankers, And On New Oceangoing Oil 155.1125 Additional Response Plan Requirements.
Tankers Of 150 Gross Tons And Above. 155.1130 Requirements For Pre-Positioned Response Equipment
155.450 Placard. 155.1135 Response Plan Development And Evaluation Criteria.
155.470 Prohibited Spaces. 155.1145 Submission And Approval Procedures.
155.480 Overfill Devices. 155.1150 Plan Revision And Amendment Procedures.
155.490 [Reserved]
Subpart F-Response Plan Requirements For
Subpart C-Transfer Personnel, Procedures, Vessels Carrying Animal Fats And Vegetable
Equipment, And Records Oils As A Primary Cargo
155.700 Designation Of Person In Charge.
155.1210 Purpose And Applicability.
155.710 Qualifications Of Person In Charge.
155.1225 Response Plan Submission Requirements.
155.715 Contents Of Letter Of Designation As A Person-In-
155.1230 Response Plan Development And Evaluation Criteria.
Charge Of The Transfer Of Fuel Oil.

384
Subpart G-Response Plan Requirements for registry enumerated in 46 U.S.C. subtitle II part E as well as the
STCW endorsement into a single credential that serves as the
Vessels Carrying Oter Non-Petroleum Oils As A mariner's qualification document, certificate of identification, and
Primary Cargo certificate of service.
155.2210 Purpose And Applicability.
[USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]
155.2225 Response Plan Submission Requirements.
155.2230 Response Plan Development And Evaluation Criteria.
155.120 Equivalents.(a) For ships required to be surveyed
under 151.17 of this chapter, the Commandant may, upon
Appendix A To Part 155 receipt of a written request, allow any fitting, material, appliance
Specifications For Shore Connection or apparatus to be fitted in a ship as an alternative to that required
by both MARPOL 73/78 and subpart B of this part if such fitting,
Appendix B To Part 155 material, appliance, or apparatus is at least as effective as that
Determining And Evaluating Required Response required by subpart B. Substitution of operational methods to
Resources For Vessel Response Plans control the discharge of oil in place of those design and
construction features prescribed by MARPOL 73/78 that are also
Appendix C To Part 155 prescribed by subpart B of this part is not allowed.
Training Elements For Oil Spill Response Plans (b) Any equivalent to a feature prescribed by MARPOL 73/78 that
Authority: 3 U.S.C. 301 through 303; 33 U.S.C. 1225, 1231, is authorized for a ship having an IOPP Certificate is noted on that
1321(j), 1903(b), 2735; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Certificate.
Comp., p. 351; Department of Homeland Security Delegation No.
0170.1. Section 155.480 also issued under section 4110(b) of (c) For tank vessels required to have overfill devices installed
Pub. L. 101.380. under parts 155 and 156 of this chapter, the Commandant may,
upon receipt of a written request, allow any fitting, material,
Note: Additional requirements for vessels carrying oil or appliance, or apparatus to be fitted in a tank vessel as an
hazardous materials are contained in 46 CFR parts 30 through 40, alternative to the required overfill device(s) that are specified in
150, 151, and 153. these parts if the proposed alternative device is at least as
effective as that required in the regulations.

Subpart AGeneral [59 FR 53286, Oct. 21, 1994]

Source: CGD 75-124a, 48 FR 45714, Oct. 6, 1983, unless 155.130 Exemptions.


otherwise noted. (a) The Commandant grants an exemption or partial exemption
from compliance with any requirement in this part if:
155.100 Applicability.
(a) Subject to the exceptions provided for in paragraph (b) and (c) (1) A ship operator submits a written request for an exemption via
of this section, this part applies to each ship that: the COTP or OCMI thirty (30) days before operations under the
exemption are proposed unless the COTP or OCMI authorizes a
(1) Is operated under the authority of the United States, wherever shorter time; and
located; or
(2) It is determined from the request that:
(2) Is operated under the authority of a country other than the
United States while in the navigable waters of the United States, (i) Compliance with a specific requirement is economically or
or while at a port or terminal under the jurisdiction of the United physically impractical;
States.
(ii) No alternative procedures, methods, or equipment standards
(b) This part does not apply to: exist that would provide an equivalent level of protection from
pollution; and
(1) A warship, naval auxiliary, or other ship owned or operated by
a country when engaged in non-commercial service; or (iii) The likelihood of discharges occurring as a result of the
exemption is minimal.
(2) Any other ship specifically excluded by MARPOL 73/78.
(b) If requested, the applicant must submit any appropriate
(c) Section 155.480 applies to each tank vessel with a cargo information, including an environmental and economic
capacity of 1,000 or more cubic meters (approximately 6,290 assessment of the effects of and the reasons for the exemption
barrels), loading oil or oil reside as cargo that is operated under and proposed procedures, methods, or equipment standards.
the authority of the United States, wherever located, or operated
under the authority of a country other than the United States while (c) The exemption may specify the procedures, methods, or
in the navigable waters of the United States, or while at a port or equipment standards that will apply.
terminal under the jurisdiction of the United States.
(d) An oceangoing ship is not given an exemption from the
[CGD 75-124a, 48 FR 45714, Oct. 6, 1983, as amended by CGD requirements of subpart B of this part unless the ship is a
90-071a, 62 FR 48773, Sept. 17, 1997] hydrofoil, air cushion vehicle or other new type of ship (near-
surface craft, submarine craft, etc.) whose constructional features
155.110 Definitions. are such as to render the application of any of the provisions of
Except as specifically stated in a section, the definitions in part subpart B relating to construction and equipment unreasonable or
151 of this chapter, except for the word oil, and in part 154 of impractical. The construction and equipment of the ship must
this chapter, apply to this part. The following definition also provide protection equivalent to that afforded by subpart B of this
applies to this part: part against pollution, having regard to the service for which the
ship is intended.
Merchant mariner credential or MMC means the credential
issued by the Coast Guard under 46 CFR part 10. It combines the (e) An exemption is granted or denied in writing. The decision of
individual merchant mariner's document, license, and certificate of the Commandant is a final agency action.

385
Note to 155.130:Additional exemptions/temporary waivers November, 1993, incorporation by reference approved for
related to salvage and marine firefighting requirements can be 155.5035.
found in 155.4055.[CGD 75-124a, 48 FR 45714, Oct. 6, 1983,
as amended by CGD 86-034, 55 FR 36254, Sept. 4, 1990; (3) Resolution A.851(20), General Principles for Ship Reporting
USCG-1998-3417, 73 FR 80648, Dec. 31, 2008] Systems and Ship Reporting Requirements, Including Guidelines
for Reporting Incidents Involving Dangerous Goods, Harmful
155.140 Incorporation by reference. Substances and/or Marine Pollutants, adopted 27 November,
(a) Certain material is incorporated by reference into this part with 1997, incorporation by reference approved for 155.5035.
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that (4) Resolution MSC.35(63), Adoption of Guidelines for
specified in this section, the Coast Guard must publish notice of Emergency Towing Arrangement on Tankers, May 20, 1994
change in the Federal Register and the material must be available (Resolution MSC.35(63)), incorporation by reference approved
to the public. All approved material is available for inspection at for 155.235.
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202- (5) Resolution MSC.104(73), Adoption of Amendments to the
741-6030 or go to International Safety Management (ISM) Code, adopted 5
http://www.archives.gov/federal_register/code_of_federal_regulati December, 2000, incorporation by reference approved for
ons/ibr_locations.html. Also, it is available for inspection at Coast 155.5035.
Guard Headquarters. Contact Commandant (CG-CVC), Attn:
Office of Commercial Vessel Compliance, U.S. Coast Guard Stop (6) MARPOL Consolidated Edition 2011, Annex I, Regulations for
7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC the prevention of pollution by oil, Chapter 3Requirements for
20593-7501, 202-372-1251. Approved material is available from machinery spaces of all ships, Part A-Construction, Regulation
the sources indicated in this section. 12A, Oil fuel tank protection, incorporation by reference
approved for 155.250 (Annex I, Regulation 12A).
(b) American National Standards Institute, Inc. (ANSI), 25
West 43rd Street, New York, NY 10036, 212-642-4980, (e) National Fire Protection Association (NFPA), 1
http://www.ansi.org/: Batterymarch Park, Quincy, MA 02269-7471, 617-770-3000,
http://www.nfpa.org/:
(1) ANSI A10.14, Requirements for Safety Belts, Harnesses,
Lanyards and Lifelines for Construction and Demolition Use, 1991 (1) NFPA 1001, Standard for Fire Fighter Professional
(ANSI A10.14), incorporation by reference approved for Qualifications, 2008 Edition (NFPA 1001), incorporation by
155.230. reference approved for 155.4050.

(2) [Reserved] (2) NFPA 1005, Standard for Professional Qualifications for
Marine Fire Fighting for Land-Based Fire Fighters, 2007 Edition
(c) ASTM International, 100 Barr Harbor Drive, P.O. Box C700, (NFPA 1005), incorporation by reference approved for
West Conshohocken, PA 19428-2959, 877-909-2786, 155.4050.
http://www.astm.org:
(3) NFPA 1021, Standard for Fire Officer Professional
(1) ASTM F 631-93, Standard Guide for Collecting Skimmer Qualifications, 2003 Edition (NFPA 1021), incorporation by
Performance Data in Controlled Environments (ASTM F 631-93), reference approved for 155.4050.
incorporation by reference approved for Appendix B.
(4) NFPA 1405, Guide for Land-Based Fire Fighters Who
(2) ASTM F 715-95, Standard Test Methods for Coated Fabrics Respond to Marine Vessel Fires, 2006 Edition (NFPA 1405),
Used for Oil Spill Control and Storage (ASTM F 715-95), incorporation by reference approved for 155.4035 and
incorporation by reference approved for in Appendix B. 155.4050.

(3) [Reserved] (5) NFPA 1561, Standard on Emergency Services Incident


Management System, 2008 Edition (NFPA 1561), incorporation
(4) ASTM F1413-07, Standard Guide for Oil Spill Dispersant by reference approved for 155.4050.
Application Equipment: Boom and Nozzle Systems, incorporation
by reference approved for 155.1050. (f) Oil Companies International Marine Forum (OCIMF), 29
Queen Anne's Gate, London, SW1H 9BU England,
(5) ASTM F1737-07, Standard Guide for Use of Oil Spill http://www.ocimf.com/:
Dispersant-Application Equipment During Spill Response: Boom
and Nozzle Systems, incorporation by reference approved for (1) Ship to Ship Transfer Guide (Petroleum), Second Edition,
155.1050. 1988, incorporation by reference approved for 155.1035.

(6) ASTM F1779-08, Standard Practice for Reporting Visual (2) Ship to Ship Transfer Guide (Petroleum), Fourth Edition, 2005,
Observations of Oil on Water, incorporation by reference incorporation by reference approved for 155.5035.
approved for 155.1050.
[USCG-1998-3417, 73 FR 80648, Dec. 31, 2008, as amended by
(d) International Maritime Organization (IMO), 4 Albert USCG-2001-8661, 74 FR 45026, Aug. 31, 2009; USCG-2010-
Embankment, London SE1 7SR, United Kingdom, 0351, 75 FR 36285, June 25, 2010; USCG-2012-0866, 78 FR
http://www.imo.org/: 13249, Feb. 27, 2013; USCG-2008-1070, 78 FR 60122, Sept. 30,
2013; USCG-2014-0410, 79 FR 38436, July 7, 2014]
(1) Resolution A.535(13), Recommendations on Emergency
Towing Requirements for Tankers, November 17, 1983 Subpart BVessel Equipment
(Resolution A.535(13)), incorporation by reference approved for
155.235. Source:CGD 75-124a, 48 FR 45715, Oct. 6, 1983, unless
otherwise noted.
(2) Resolution A.741(18), International Management Code for the
155.200 Definitions.
Safe Operation of Ships and for Pollution Prevention
As used in this subpart:
(International Safety Management (ISM) Code), adopted 4

386
Inland oil barge means a tank barge carrying oil in bulk as cargo (1) Sorbents;
certificated by the Coast Guard under 46 CFR chapter I,
subchapter D for river or canal service or lakes, bays, and sounds (2) Non-sparking hand scoops, shovels, and buckets;
service.
(3) Containers suitable for holding recovered waste;
On-deck spill means a discharge of oil on the deck of a vessel
during loading, unloading, transfer, or other shipboard operations. (4) Emulsifiers for deck cleaning;
An on-deck spill could result from a leaking fitting, an overfill, a
bad connection, or similar operational mishap. The term on-deck (5) Protective clothing;
spill is used to differentiate these operational discharges from
those caused by collision or grounding where the hull is punctured (6) A minimum of one non-sparking portable pump with hoses;
and a tank is ruptured, resulting in an uncontrolled discharge of oil and
into the marine environment.
(7) Scupper plugs.
Offshore oil barge means a tank barge carrying oil in bulk as
cargo, including dual-mode integrated tug-barges, certificated by (c) During cargo transfer operations, the equipment and supplies
the Coast Guard under 46 CFR chapter I, subchapter D, for must remain ready for immediate use.
navigation in waters outside the Boundary Lines, as defined in 46
CFR part 7, in any ocean or the Gulf of Mexico; any tank barge in [58 FR 67988, December 22, 1993; 63 FR 35524, June 30, 1998]
Great Lakes service; or any foreign flag tank barge.
155.215 Discharge Removal Equipment For Inland Oil
Oil tanker means a self-propelled vessel carrying oil in bulk as Barges.
cargo, including integrated tug-barges designed for push-mode (a) During cargo transfer operations, inland oil barges must have
operation. appropriate equipment and supplies ready for immediate use to
control and remove on-deck oil cargo spills of at least one barrel.
Vessel carrying oil as secondary cargo means a vessel
carrying oil pursuant to a permit issued under 46 CFR 30.01-5, 46 (b) The equipment and supplies must include-
CFR 70.05-30, or 46 CFR 90.05-35 or pursuant to an
International Oil Pollution Prevention (IOPP) or Noxious Liquid (1) Sorbents;
Substance (NLS) certificate required by 151.33 or 151.35 of
this chapter; or any uninspected vessel that carries oil in bulk as (2) Non-sparking hand scoops, shovels, and buckets;
cargo.
(3) Containers suitable for holding recovered waste;
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by
USCG-2001-9046, 67 FR 58524, Sept. 17, 2002; 73 FR 79316, (4) Emulsifiers for deck cleaning; and
Dec. 29, 2008]
(5) Protective clothing.
155.205 Discharge Removal Equipment For Vessels 400
Feet Or Greater In Length. (c) The oil barge owner or operator may rely on equipment
(a) Oil tankers and offshore oil barges with an overall length of available at the transfer facility receiving from or discharging to
400 feet or more must carry appropriate equipment and supplies the barge, provided the barge owner or operator has prearranged
for the containment and removal of on-deck oil cargo spills of at for the use of the equipment by contract or other means approved
least 12 barrels. by the Coast Guard.

(b) The equipment and supplies must include- [58 FR 67988, December 22, 1993; 63 FR 35524, June 30, 1998]

(1) Sorbents; 155.220 Discharge Removal Equipment For Vessels


Carrying Oil As Secondary Cargo.
(2) Non-sparking hand scoops, shovels, and buckets; (a) Vessels carrying oil as secondary cargo must carry
appropriate equipment and supplies for the containment and
(3) Containers suitable for holding recovered waste; removal of on-deck oil cargo spills of at least one-half barrel.

(4) Emulsifiers for deck cleaning; (b) The equipment and supplies must include-

(5) Protective clothing; (1) Sorbents;

(6) A minimum of one non-sparking portable pump with hoses; (2) Non-sparking hand scoops, shovels, and buckets;
and
(3) Containers suitable for holding recovered waste;
(7) Scupper plugs.
(4) Emulsifiers for deck cleaning; and
(c) During cargo transfer operations, the equipment and supplies
must remain ready for immediate use. (5) Protective clothing

[58 FR 67988, December 22, 1993; 63 FR 35524, June 30, 1998] (c) The equipment and supplies must be ready for immediate use
during cargo transfer operations.
155.210 Discharge Removal Equipment For Vessels Less
Than 400 Feet In Length. [58 FR 67988, December 22, 1993; 63 FR 35524, June 30, 1998]
(a) Oil tankers and offshore oil barges with an overall length of
less than 400 feet must carry appropriate equipment and supplies 155.225 Internal Cargo Transfer Capability.
for the containment and removal of on-deck oil spills of at least 7 Oil tankers and offshore oil barges must carry suitable hoses and
barrels. reducers for internal transfer of cargo block, unless the vessel's
installed cargo piping system is capable of performing this
(b) The equipment and supplies must include- function.

387
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by system and anchor the barge or arrest its movement;
USCG-1998-3799, 63 FR 35531, June 30, 1998]
(C) While preparing to anchor the barge or arrest its movement,
155.230 Emergency Control Systems For Tank Barges. the operator of the system should confer with the master or mate
(a) Application. This section does not apply to foreign vessels of the towing vessel regarding appropriate length of cable or chain
engaged in innocent passage (that is, neither entering nor leaving to use; and
a U.S. port); it applies to tank barges and vessels towing them on
the following waters: (D) Each operator of the system should wear a safety belt or
harness secured by a lanyard to a lifeline, drop line, or fixed
(1) On the territorial sea of the U.S. [as defined in Presidential structure such as a welded padeye, if the sea or the weather
Proclamation 5928 of December 27, 1988, it is the belt of waters warrants this precaution. Each safety belt, harness, lanyard,
12 nautical miles wide with its shoreward boundary the baseline lifeline, and drop line must meet the specifications of ANSI A10.14
of the territorial sea], unless (incorporated by reference, see 155.140).

(i) The barge is being pushed ahead of, or towed alongside, the (ii) Maintenance and inspections. The owner or operator of the
towing vessel; and system shall inspect it annually. The inspection must verify that
the system is ready for immediate use, and must include a visual
(ii) The barge's coastwise route is restricted, on its certificate of inspection of the equipment that comprises the system in
inspection (COI), so the barge may operate in fair weather only, accordance with the manufacturer's recommendations. The
within 20 miles of shore, or with words to that effect. The Officer inspection must also verify that the system is being maintained in
in Charge, Marine Inspection, may define fair weather on the accordance with the manufacturer's recommendations. The
COI. inspection need not include actual demonstration of the operation
of the equipment or system.
(2) In Great Lakes service unless
(iii) Training. On each manned barge, every crewmember must
(i) The barge is being pushed ahead of, or towed alongside, the be thoroughly familiar with the operation of the system. On each
towing vessel; and vessel towing an unmanned barge, every deck crewmember must
be thoroughly familiar with the operation of the system installed
(ii) The barge's route is restricted, on its certificate of inspection on the barge. If during the last 12 months the system was not
(COI), so the barge may operate in fair weather only, within 5 used to anchor or arrest the movement of the barge, then a drill
miles of a harbor, or with words to that effect. The Officer in on the use of the system must be conducted within the next
Charge, Marine Inspection, may define fair weather on the COI. month. The drill need not involve actual deployment of the system.
However, it must allow every participant to demonstrate the
(3) On Long Island Sound. For the purposes of this section, Long competencies (that is, the knowledge, skills, and abilities) needed
Island Sound comprises the waters between the baseline of the to ensure that everyone assigned a duty in anchoring or arresting
territorial sea on the eastern end (from Watch Hill Point, Rhode the movement of the barge is ready to do his or her duty.
Island, to Montauk Point, Long Island) and a line drawn north and
south from Premium Point, New York (about 4054.5 N, 73 (2) Measure 2. If you are the owner or operator of a tank barge or
45.5 W), to Hewlett Point, Long Island (about 4050.5 N, a vessel towing it and this section applies to you by virtue of
7345.3 W), on the western end. paragraph (a) of this section, you must have installed an
emergency retrieval system or some other measure acceptable to
(4) In the Strait of Juan de Fuca. the Coast Guard, as provided in paragraph (b)(3) of this section.
Any such system must meet the following criteria:
(5) On the waters of Admiralty Inlet north of Marrowstone Point
(i) Design. The system must use an emergency towline with at
(approximately 4806 N, 12241 W).
least the same pulling strength as required of the primary towline.
The emergency towline must be readily available on either the
(b) Safety program. If you are the owner or operator of a single-
barge or the vessel towing it. The towing vessel must have on
hull tank barge or of a vessel towing it, you must adequately man
board equipment to regain control of the barge and continue
and equip either the barge or the vessel towing it so the crew can
towing (using the emergency towline), without having to place
arrest the barge by employing Measure 1, described in paragraph
personnel on board the barge.
(b)(1) of this section. Moreover, the crew must be able to arrest or
retrieve the barge by employing either Measure 2 or Measure 3,
(ii) Operation and performance. The system must use a
described in paragraphs (b)(2) and (3) of this section, respectively.
stowage arrangement that ensures the readiness of the
If you are the owner or operator of a double-hull tank barge, you
emergency towline and the availability of all retrieval equipment
must adequately equip it and train its crew or, if it is unmanned,
for immediate use in an emergency whenever the barge is being
train the crew of the vessel towing it, so the crew can retrieve the
towed astern.
barge by employing Measure 2 described in paragraph (b)(2) of
this section.
(iii) Maintenance and inspection. The owner or operator of the
system shall inspect it annually. The inspection must verify that
(1) Measure 1. Each single-hull tank barge, whether manned or
the emergency retrieval system is ready for immediate use, and
unmanned, must be equipped with an operable anchoring system
must include a visual inspection of the equipment that comprises
that conforms to 46 CFR 32.15-15; except that, for barges
the system in accordance with the manufacturer's
operating only on the West Coast of the U.S., a system
recommendations. The inspection must also verify that the
comprising heavy surge gear and bridle legs may serve instead of
system is being maintained in accordance with the manufacturer's
the anchoring system. Because these systems will also serve as
recommendations. The inspection need not include actual
emergency control systems, the owner or operator must ensure
demonstration of the operation of the equipment or system.
that they meet the following criteria:
Details concerning maintenance of towlines appear in 33 CFR
164.74(a)(3) and Navigation and Vessel Inspection Circular (NVIC)
(i) Operation and performance. When the barge is underway
No. 5-92. Our NVICs are available online at
http://www.uscg.mil/hq/g-m/nvic/index.htm.
(A) The system is ready for immediate use;
(iv) Training. Barge-retrieval drills must take place annually, and
(B) No more than two crewmembers are needed to operate the
not more than one month after a master or mate responsible for

388
supervising barge retrieval begins employment on a vessel that 155.245 Damage Stability Information For Inland Oil Barges.
tows tank barges. (a) Owners or operators of inland oil barges shall ensure that the
vessel plans necessary to perform salvage, stability, and residual
(A) Each drill must allow every participant to demonstrate the hull strength assessments are maintained at a shore-based
competencies (that is, the knowledge, skills, and abilities) needed location.
to ensure that everyone assigned a duty in barge retrieval is
ready to do his or her part to regain control of a drifting barge. (b) Access to the plans must be available 24 hours a day.

(B) If the drill includes actual operation of a retrieval system, it [58 FR 67988, December 22, 1993; 63 FR 35524, June 30, 1998]
must be conducted under the supervision of the master or mate
responsible for retrieval, and preferably in open waters free from 155.250 Oil fuel tank protection.
navigational hazards so as to minimize risk to personnel and the Each ship with an aggregate oil fuel capacity of 600 cubic meters
environment. or more that is delivered on or after August 1, 2010, must meet
the minimum standard of oil fuel tank protection required by
(3) Measure 3. If you are the owner or operator of a tank barge or Annex I, Regulation 12A (incorporated by reference, see
a vessel towing it and this section applies to you by virtue of 155.140).
paragraph (a) of this section, you may use an alternative measure
or system fit for retrieving a barge or arresting its movement as a 155.310 Containment Of Oil And Hazardous Material Cargo
substitute for Measure 2, described in paragraph (b)(2) of this Discharges.
section. Before you use such a measure or system, however, it (a) A tank vessel with a capacity of 250 or more barrels that is
must receive the approval of the Commandant (CG-ENG). It will carrying oil or hazardous material as cargo must have-
receive this approval if it provides protection against grounding of
the tank vessel comparable to that provided by one of the other (1) Under or around each loading manifold and each transfer
two measures described in this section. connection point, a fixed container or enclosed deck area that, in
all conditions of ship list or trim encountered during the loading
[USCG-1998-4443, 65 FR 31811, May 19, 2000, as amended by operation, has a capacity of at least:
USCG-2001-8661, 74 FR 45026, Aug. 31, 2009; USCG-2010-
0351, 75 FR 36285, June 25, 2010; USCG-2014-0410, 79 FR (i) One half barrel if it serves one or more hoses with an inside
38436, July 7, 2014] diameter of 2 inches or less, or one or more loading arms with a
nominal pipe size diameter of 2 inches or less;
155.235 Emergency towing capability for oil tankers.
An emergency towing arrangement shall be fitted at both ends on (ii) One barrel if it serves one or more hoses with an inside
board all oil tankers of not less than 20,000 deadweight tons (dwt), diameter of more than 2 inches but less than 4 inches, or one or
constructed on or after September 30, 1997. For oil tankers more loading arms with a nominal pipe size diameter of more than
constructed before September 30, 1997, such an arrangement 2 inches but less than 4 inches;
shall be fitted at the first scheduled dry-docking, but not later than
January 1, 1999. The design and construction of the towing (iii) Two barrels if it serves one or more hoses with an inside
arrangement shall be in accordance with IMO resolution diameter of 4 inches or more, but less than 6 inches, or one or
MSC.35(63) (incorporated by reference; see 155.140). more loading arms with a nominal pipe size diameter of 4 inches
or more, but less than 6 inches;
[USCG-2001-8661, 74 FR 45026, Aug. 31, 2009]
(iv) Three barrels if it serves one or more hoses with an inside
155.240 Damage Stability Information For Oil Tankers And diameter of 6 inches or more, but less than 12 inches, or one or
Offshore Oil Barges. more loading arms with a nominal pipe size diameter of 6 inches
(a) Owners or operators of oil tankers and offshore oil barges or more, but less than 12 inches; or
shall ensure that their vessels have prearranged, prompt access
to computerized, shore-based damage stability and residual (v) Four barrels if it serves one or more hoses with an inside
structural strength calculation programs. diameter of 12 inches or more, or one or more loading arms with
a nominal pipe size diameter of 12 inches or more;
(b) Vessel baseline strength and stability characteristics must be
pre-entered into such programs and be consistent with the (2) A means of draining or removing discharged oil or hazardous
vessel's existing configuration. material from each container or enclosed deck area without
discharging the oil or hazardous material into the water; and
(c) Access to the shore-based calculation program must be
available 24 hours a day. (3) A mechanical means of closing each drain and scupper in the
container or enclosed deck area required by this section.
(d) At a minimum, the program must facilitate calculation of the
following: (b) An offshore tank barge with a cargo capacity of 250 or more
barrels that is carrying hazardous material as cargo and an inland
(1) Residual hull girder strength based on the reported extent of tank barge with the capacity of 250 or more barrels that is
damage. carrying oil or a hazardous material as cargo must meet
paragraph (a) of this section or be equipped with-
(2) Residual stability when the vessel's compartments are
breached. (1) A coaming, at least 4 inches high but not more than 8 inches
high, enclosing the immediate area of the cargo hatches, loading
(3) The most favorable off-loading, ballasting, or cargo transfer manifolds, and transfer connections, that has a capacity, in all
sequences to improve residual stability, reduce hull girder conditions of vessel list and trim to be encountered during the
stresses, and reduce ground-force reaction. loading operation, of at least one-half barrel per hatch, manifold,
and connection within the enclosed area;
(4) The bending and shear stresses caused by pinnacle loads
from grounding or stranding. (2) A fixed or portable container under each loading manifold and
each transfer connection within the coaming, that holds at least
[CGD 90-068, 58 FR 67996, Dec. 22, 1993, as amended by one-half barrel;
USCG-1998-3799, 63 FR 35531, June 30, 1998]

389
(3) A mechanical means of closing each drain and scupper within (1) Meet paragraph (a)(1) of this section; or
the coaming; and-
(2) Equip each fuel oil or bulk lubricating oil tank vent, overflow,
(4) A means of draining or removing discharged oil or hazardous and fill pipe during oil transfer operations with a portable container
material from the fixed or portable container and from within the of at least a 5 U.S. gallon capacity; or
coamings without discharging the oil or hazardous material into
the water. (3) If the ship has a fill fitting for which containment is impractical,
use an automatic back pressure shut-off nozzle.
(c) All oil tankers and offshore oil barges with a cargo capacity of
250 or more barrels must have peripheral coamings, including (c) This section does not apply to a fixed or floating drilling rig or
port and starboard coamings and forward and aft athwartships other platform.
coamings, completely enclosing the cargo deck area, cargo
hatches, manifolds, transfer connections, and any other openings 155.350 Oily mixture (bilge slops)/fuel oil tank ballast water
where cargo may overflow or leak. discharges on oceangoing ships of less than 400 gross tons.
(a) No person may operate an oceangoing ship of less than 400
(1) Coamings must be at least 4 inches high except in the aft gross tons, unless it either:
corners.
(1) Has the capacity to retain on board all oily mixtures and is
(2) In the aft corners (port and starboard) of a vessel, the equipped to discharge these oily mixtures to a reception facility; or
coamings must be at least 8 inches high and extend-
(2) Has approved oily-water separating equipment for processing
(i) Forward at least 14 feet from each corner; and oily mixtures from bilges or fuel oil tank ballast and discharges
into the sea according to 151.10 of this chapter.
(ii) Inboard at least 8 feet from each corner.
(3) For equipment installed after 2004 to be approved under
(3) Each area enclosed by the coaming required under this paragraph (a)(2) of this section, it must meet current standards in
paragraph must have- 46 CFR part 162, subpart 162.050 by the date set forth in
paragraphs (a)(3)(i) and (a)(3)(ii) of this section, unless the
(i) A means of draining or removing oil from the enclosed deck equipment is installed on a ship constructed before 2005 and it
area without discharging oil into the water; and would be unreasonable or impracticable to meet those current
standards.
(ii) A mechanical means of closing each drain and scupper in
the enclosed deck-area. (i) A ship entering international service for the first time since
2004, must comply with the requirements of paragraph (a)(3) of
(4) For a tankship, as defined in 46 CFR 30.10-67, the coaming or this section by the date of its initial survey prior to receiving its
other barrier required in 46 CFR 32.56-15 may serve as the aft International Oil Pollution Prevention (IOPP) certificate.
athwartships coaming if the tankship is otherwise in compliance
with the requirements of this section. (ii) Any ship, other than a ship described in paragraph (a)(3)(i) of
this section, must comply with the requirements of paragraph
(d) In addition to the requirements of paragraphs (a) and (b) of (a)(3) of this section by the date of the ship's first drydock after
this section, an offshore oil barge with a cargo capacity of 250 or October 13, 2009.
more barrels must have-
(b) An oceangoing ship of less than 400 gross tons may retain all
(1) A fixed or portable container that holds at least one-half barrel oily mixtures on board in the ship's bilges. An oil residue (sludge)
under each oil loading manifold and each oil transfer connection tank is not required.
within the coaming;
(c) This section does not apply to a barge that is not equipped
(2) A mechanical means of closing each drain and scupper within with an installed bilge pumping system for discharge into the sea.
the coaming; and
(d) This section does not apply to a fixed or floating drilling rig or
(3) A means of draining or removing discharged oil from the fixed other platform.
or portable container and from within the coaming without
discharging the oil into the water. [CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD
88-002, 54 FR 18407, Apr. 28, 1989; CGD 97-023, 62 FR 33364,
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD June 19, 1997; USCG-1998-3799, 63 FR 35531, June 30, 1998;
86-034, 55 FR 36254, Sept. 4, 1990; 58 FR 67988, December 22, USCG-2000-7641, 66 FR 55571, Nov. 2, 2001; USCG-2004-
1993; 63 FR 35524, June 30, 1998] 18939, 74 FR 3377, Jan. 16, 2009; 74 FR 52418, Oct. 13, 2009]

155.320 Fuel Oil And Bulk Lubricating Oil Discharge 155.360 Oily mixture (bilge slops) discharges on
Containment. oceangoing ships of 400 gross tons and above but less than
(a) A ship of 300 gross tons or more constructed after June 30, 10,000 gross tons, excluding ships that carry ballast water in
1974 must have a fixed container or enclosed deck area under or their fuel oil tanks.
around each fuel oil or bulk lubricating oil tank vent, overflow, and (a)
fill pipe, that:
(1) Except as provided in paragraph (a)(3) of this section, no
(1) For a ship of 300 or more but less than 1600 gross tons has a person may operate an oceangoing ship of 400 gross tons and
capacity of at least one-half barrel; and above but less than 10,000 gross tons, excluding a ship that
carries ballast water in its fuel oil tanks, unless it is fitted with
(2) For a ship of 1600 or more gross tons has a capacity of one approved 15 parts per million (ppm) oily-water separating
barrel. equipment for the processing of oily mixtures from bilges or fuel
oil tank ballast.
(b) A ship of 100 gross tons or more constructed before July 1,
1974, and a ship of 100 or more but less than 300 gross tons (2) For equipment installed after 2004 to be approved under
constructed after June 30, 1974 must: paragraph (a)(1) of this section, it must meet current standards in

390
46 CFR part 162, subpart 162.050 by the date set forth in above, or any oceangoing ship of 400 gross tons and above, that
paragraphs (a)(2)(i) and (a)(2)(ii) of this section, unless the carries ballast water in its fuel oil tanks, unless it has-
equipment is installed on a ship constructed before 2005 and it
would be unreasonable or impracticable to meet those current (1) Approved 15 ppm oily-water separating equipment for the
standards. processing of oily mixtures from bilges or fuel oil tank ballast;

(i) A ship entering international service for the first time since (2) A bilge alarm; and
2004, must comply with the requirements of paragraph (a)(2) of
this section by the date of its initial survey prior to receiving its (3) A means for automatically stopping any discharge of oily
International Oil Pollution Prevention (IOPP) certificate. mixture when the oil content in the effluent exceeds 15 ppm.

(ii) Any ship, other than a ship described in paragraph (a)(2)(i) of (4) For equipment installed after 2004 to be approved under
this section, must comply with the requirements of paragraph paragraph (a) of this section, it must meet current standards in 46
(a)(2) of this section by the date of the ship's first drydock after CFR part 162, subpart 162.050 by the date set forth in
October 13, 2009. paragraphs (a)(4)(i) and (a)(4)(ii) of this section, unless the
equipment is installed on a ship constructed before 2005 and it
(3) Any ship certified under the International Code of Safety for would be unreasonable or impracticable to meet those current
High-Speed Craft engaged on a scheduled service with a turn- standards.
around time not exceeding 24 hours and covering also non-
passenger/cargo-carrying relocation voyages for these ships need (i) A ship entering international service for the first time since
not be provided with oil filtering equipment. These ships must be 2004, must comply with the requirements of paragraph (a)(4) of
fitted with an oily bilge water holding tank having a volume this section by the date of its initial survey prior to receiving its
adequate for the total retention onboard of the oily bilge water. All International Oil Pollution Prevention (IOPP) certificate.
oily bilge water must be retained onboard for subsequent
discharge to reception facilities. (ii) Any ship, other than a ship described in paragraph (a)(4)(i) of
this section, must comply with the requirements of paragraph (4)
(b) No person may operate a ship under this section unless it is of this section by the date of the ship's first drydock after October
fitted with an oil residue (sludge) tank or tanks of adequate 13, 2009.
capacity to receive the oil residue that cannot be dealt with
otherwise. (5) Any ship certified under the International Code of Safety for
High-Speed Craft engaged on a scheduled service with a turn-
(1) In new ships such tanks shall be designed and constructed to around time not exceeding 24 hours and covering also non-
facilitate cleaning and the discharge of the oily residues to passenger/cargo-carrying relocation voyages for these ships need
reception facilities. Existing ships shall comply with this not be provided with oil filtering equipment. These ships must be
requirement as far as reasonable and practicable. fitted with an oily bilge water holding tank having a volume
adequate for the total retention onboard of the oily bilge water. All
(2) Tanks used for oily mixtures on ships certificated under 46 oily bilge water must be retained onboard for subsequent
CFR Chapter I shall meet the requirements of 46 CFR 56.50-50(h) discharge to reception facilities.
for isolation between oil and bilge systems.
(b) No person may operate a ship under this section unless it is
(3) Ships subject to this section must- fitted with an oil residue (sludge) tank or tanks of adequate
capacity to receive the oil residue that cannot be dealt with
(i) Be provided with a designated pump for disposal that is otherwise.
capable of taking suction from the oil residue (sludge) tank(s); and
(1) In new ships such tanks shall be designed and constructed to
(ii) Have no discharge connections to the bilge system, oily bilge facilitate cleaning and the discharge of the oil residue to reception
water holding tank(s), tank top or oily water separators except that facilities. Existing ships shall comply with this requirement as far
the tank(s) may be fitted with drains, with manually operated self- as reasonable and practicable.
closing valves and arrangements for subsequent visual
monitoring of the settled water, that lead to an oily bilge water (2) Tanks used for oily mixtures on ships certificated under 46
holding tank or bilge well, or an alternative arrangement, provided CFR Chapter I shall meet the requirements of 46 CFR 56.50-50(h)
such arrangement does not connect directly to the bilge piping for isolation between oil and bilge systems.
system.
(3) Ships subject to this section must-
(c) No person may operate a ship unless it is equipped with a
pipeline to discharge oily mixtures to a reception facility. (i) Be provided with a designated pump for disposal that is
capable of taking suction from the oil residue (sludge) tank(s); and
(d) This section does not apply to a barge that is not equipped
with an installed bilge pumping system for discharge into the sea. (ii) Have no discharge connections to the bilge system, oily bilge
water holding tank(s), tank top or oily water separators except that
(e) This section does not apply to a fixed or floating drilling rig or the tank(s) may be fitted with drains, with manually operated self-
other platform, except as specified in 155.400(a)(2). closing valves and arrangements for subsequent visual
monitoring of the settled water, that lead to an oily bilge water
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by holding tank or bilge well, or an alternative arrangement, provided
USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2000- such arrangement does not connect directly to the bilge piping
7641, 66 FR 55571, Nov. 2, 2001; USCG-2004-18939, 74 FR system.
3377, Jan. 16, 2009; 74 FR 52418, Oct. 13, 2009]
(c) No person may operate a ship under this section unless it is
155.370 Oily mixture (bilge slops)/fuel oil tank ballast water equipped with a pipeline to discharge oily mixtures to a reception
discharges on oceangoing ships of 10,000 gross tons and facility.
above and oceangoing ships of 400 gross tons and above
that carry ballast water in their fuel oil tanks. (d) This section does not apply to a barge that is not equipped
(a) Except as provided in paragraph (a)(5) of this section, no with an installed bilge pumping system for discharge into the sea.
person may operate an oceangoing ship of 10,000 gross tons and

391
(e) This section does not apply to a fixed or floating drilling rig or (b) When an oceangoing fixed or floating drilling rig or other
other platform, except as specified in 155.400(a)(2). platform is in a special area, is not proceeding en route, or is
within 12 nautical miles of the nearest land; it must either-
(Approved by the Office of Management and Budget under control
number 1625-0009) (1) Have the capacity to retain on board all machinery space oily
mixtures from platform machinery space drainage and be
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by equipped to discharge these mixtures for transport to a reception
USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2000- facility; or
7641, 66 FR 55571, Nov. 2, 2001; USCG-2006-25150, 71 FR
39210, July 12, 2006; USCG-2004-18939, 74 FR 3377, Jan. 16, (2) Discharge in accordance with 151.10(b)(3), (b)(4), and (b)(5)
2009; 74 FR 52418, Oct. 13, 2009] of this chapter, provided the drilling rig or platform is not within a
special area.
155.380 Oily water separating equipment and bilge alarm
approval standards. (c) Paragraph (b) of this section does not apply to a fixed or
(a) On U.S. inspected ships, oily water separating equipment and floating drilling rig or other platform that is operating under an
bilge alarms must be approved under 46 CFR 162.050. NPDES permit.

(b) On U.S. uninspected ships and foreign ships, oily water [CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD
separating equipment and bilge alarms must be approved under 88-002, 54 FR 18407, Apr. 28, 1989; 60 FR 43374, Aug. 21, 1995;
either 46 CFR 162.050 or MARPOL 73/78 Annex I. 63 FR 35524, June 30, 1998]

Note to 155.380(b):A copy of Annex I to the International 155.420 Pumping, Piping And Discharge Requirements For
Convention for the Prevention of Pollution from Ships, 1973 as Oceangoing Ships Of 100 Gross Tons And Above But Less
modified by the Protocol of 1978 relating thereto, as amended Than 400 Gross Tons.
(MARPOL 73/78) may be purchased from the International (a) No person may operate an oceangoing ship of 100 gross tons
Maritime Organization, Publications Section, 4 Albert and above but less than 400 gross tons that is fitted with main or
Embankment, London SE1 75R, United Kingdom, Telex 23588; auxiliary machinery spaces unless:
see also http://www.imo.org.
(1) The ship has at least one pump installed to discharge oily
(c) A ship that is required to have a bilge alarm may defer mixtures through a fixed piping system to a reception facility;
installment and use a previously installed bilge monitor provided
the bilge monitor met Coast Guard approval requirements at the (2) The piping system required by this section has at least one
time of its installation and it does not allow more than a 15 ppm oil outlet accessible from the weather deck;
content in water discharge.
(3) For a ship on an international voyage, the outlet required by
(d) The accuracy of the bilge alarms must be checked at IOPP this section has a shore connection that meets the specifications
Certificate renewal surveys according to the manufacturer's in 155.430, or the ship has at least one adapter that meets the
instructions. Alternatively, the unit may be replaced by a specifications in 155.430 and fits the required outlets;
calibrated bilge alarm. The calibration certificate for the bilge
alarm, which certifies the date of the last calibration check, should (4) For a ship not on an international voyage, the outlet required
be retained onboard for inspection purposes. The accuracy by this section has a shore connection that is compatible with
checks can only be done by the manufacturer or persons reception facilities in the ship's area of operation;
authorized by the manufacturer.
(5) The ship has a means on the weather deck near the discharge
(e) Ship staff training must include familiarization in the operation outlet to stop each pump that is used to discharge oily mixtures;
and maintenance of the equipment. and

(f) The routine maintenance of the oily water separating (6) The ship has a stop valve installed for each outlet required by
equipment and the bilge alarm must be clearly defined by the this section.
manufacturer in the associated operating and maintenance
manuals. All routine and repair maintenance must be recorded. (b) Paragraph (a) of this section does not apply to a ship that has
approved oily-water separating equipment for the processing of
[USCG-2004-18939, 74 FR 3377, Jan. 16, 2009] oily mixtures from bilges or fuel oil tank ballast.

155.400 Platform Machinery Space Drainage On Oceangoing (c) This section does not apply to a fixed or floating drilling rig or
Fixed Or Floating Drilling Rigs And Other Platforms. other platform.
(a) No person may operate an oceangoing fixed or floating drilling
rig or other platform unless it either- [66 FR 55566, Nov. 2, 2001]

(1) Complies with the oily-water separating equipment 155.430 Standard Discharge Connections For Oceangoing
requirements of a valid National Pollutant Discharge Elimination Ships Of 400 Gross Tons And Above.
System (NPDES) permit issued in accordance with section 402 of (a) All oceangoing ships of 400 gross tons and above must have
the Clean Water Act and 40 CFR Chapter I; a standard shore connection for reception facilities to discharge
oily mixtures from machinery space bilges or ballast water
(2) Complies with the oily-water separating equipment containing an oily mixture from fuel oil tanks. The discharge
requirements for oceangoing ships of 400 gross tons and above connection must have the following dimensions:
as set forth in either 155.360 or 155.370; or
(1) Outside diameter = 215 millimeters (mm).
(3) Is not equipped with an installed bilge pumping system for
discharge of oily mixtures from platform machinery spaces into (2) Inner diameter = according to pipe outside diameter.
the sea and has the capacity to retain on board all of these oily
mixtures and is equipped to discharge these mixtures for (3) Bolt circle diameter = 183 mm.
transport to a reception facility.
(4) Slots in flange = 6 holes 22 mm in diameter equidistantly

392
placed on a bolt circle of the above diameter, slotted to the flange building contract, the keel of which is laid or which is at a similar
periphery. The slot width to be 22 mm. stage of construction after July 1, 1982, oil or hazardous material
must not be carried in a forepeak tank or a tank forward of the
(5) Flange thickness = 20 mm. collision bulkhead.

(6) Bolts and nuts, quantity and number = 6 each of 20 mm in (b) A self-propelled ship of 300 gross tons and above, to which
diameter and of suitable length. paragraph (a) of this section does not apply, may not carry bulk oil
or hazardous material in any space forward of a collision
(b) A portable adapter that meets the specifications of paragraph bulkhead except:
(a) of this section and that fits the discharge shore connection, for
the discharge of oily wastes from machinery space bilges may be (1) For a ship constructed after June 30, 1974, fuel oil for use on
substituted for the standard discharge connection requirement of the ship may be carried in tanks forward of a collision bulkhead, if
paragraph (a) of this section. such tanks are at least 24 inches inboard of the hull structure; or

(c) The flange must be designed to accept pipes up to a (2) For a ship constructed before July 1, 1974, fuel oil for use on
maximum internal diameter of 125 mm and shall be of steel or the ship may be carried in tanks forward of a collision bulkhead, if
other equivalent material having a flat face. This flange, together such tanks were designated, installed, or constructed for fuel oil
with a gasket of oil proof material, must be suitable for a service carriage before July 1, 1974.
pressure of 6 kilograms/square centimeters (kg/cm2).
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD
[66 FR 55566, Nov. 2, 2001] 86-034, 55 FR 36254, Sept. 4, 1990]

155.440 Segregation Of Fuel Oil And Ballast Water On New 155.480 Overfill Devices.
Oceangoing Ships Of 4,000 Gross Tons And Above Other (a) For the purposes of this section, "oil" has the same definition
Than Oil Tankers, And On New Oceangoing Oil Tankers Of as provided in 151.05 of this chapter.
150 Gross Tons And Above.
(a) Except as provided for in paragraph (b) of this section, in new (b) Each tank vessel with a cargo capacity of 1,000 or more cubic
oceangoing ships of 4,000 gross tons and above other than oil meters (approximately 6,290 barrels), loading oil or oil residue as
tankers, and in new oceangoing oil tankers of 150 gross tons and cargo, must have one overfill device that is permanently installed
above, ballast water must not be carried in any fuel oil tank. on each cargo tank and meets the requirements of this section.
Each newly constructed tank vessel with a cargo capacity of
(b) Where abnormal conditions or the need to carry large 1,000 or more cubic meters (approximately 6,290 barrels), which
quantities of fuel oil render it necessary to carry ballast water that is intended to be loaded with oil or oil residue as cargo, in order to
is not a clean ballast in any fuel oil tank, that ballast water must receive a Certificate of Inspection (COI), must have an overfill
be discharged to reception facilities or into the sea in compliance device installed on each cargo tank that meets the requirements
with part 151 of this chapter using the equipment specified in of this section.
155.370, and an entry shall be made in the Oil Record Book to
this effect. (1) On a tankship, each cargo tank must be equipped with an
overfill device (including an independent audible alarm or visible
(Approved by the Office of Management and Budget under control indicator for that tank) that meets the requirements for tank overfill
number 1625-0009) alarms under 46 CFR 39.20-7(b)(2) and (3), and (d)(1) through
(d)(4).
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by
USCG-2006-25150, 71 FR 39210, July 12, 2006] (2) On a tank barge, each cargo tank must be equipped with an
overfill device that-
155.450 Placard.
(a) A ship, except a ship of less than 26 feet in length, must have (2)(i) Meets the requirements of 46 CFR 39.20-7(b)(2) and (b)(3)
a placard of at least 5 by 8 inches, made of durable material fixed and (d)(1) through (d)(4), and 46 CFR 39.20-9(a)(1) through (a)(3);
in a conspicuous place in each machinery space, or at the bilge
and ballast pump control station, stating the following: (2)(ii) Is an installed automatic shutdown system that meets the
requirements of 46 CFR 39.20-9(b); or
Discharge of Oil Prohibited
(2)(iii) Is an installed high level indicating device that meets the
The Federal Water Pollution Control Act prohibits the discharge of requirements of 46 CFR 39.20-3(b)(1), (b)(2), and (b)(3).
oil or oily waste into or upon the navigable waters of the United
States, or the waters of the contiguous zone, or which may affect (c) Each cargo tank of a U.S. flag tank vessel must have installed
natural resources belonging to, appertaining to, or under the on it an overfill device meeting the requirements of this section at
exclusive management authority of the United States, if such the next scheduled cargo tank internal examination performed on
discharge causes a film or discoloration of the surface of the the vessel under 46 CFR 31.10-21.
water or causes a sludge or emulsion beneath the surface of the
water. Violators are subject to substantial civil penalties and/or (d) Each cargo tank of a foreign flag tank vessel must have
criminal sanctions including fines and imprisonment. installed on it an overfill device-

(b) Existing stocks of placards may be used for the life of the (1) At the first survey that includes dry docking, as required by the
placard. vessel's flag administration, to meet the International Convention
for the Safety of Life at Sea (SOLAS), 1974, as amended, or the
(c) The placard required by paragraph (a) or (b) of this section International Load Line Convention of 1966; or
must be printed in the language or languages understood by the
crew. (2) At the first cargo tank internal examination performed on the
tank vessel under 46 CFR 31.10-21.
[58 FR 62261, November 26, 1993]
155.470 Prohibited Spaces. (e) This section does not apply to a tank vessel that does not
(a) In a ship of 400 gross tons and above, for which the building meet the double hull requirements of 157.10d of this chapter and,
contract is placed after January 1, 1982 or, in the absence of a under 46 U.S.C. 3703a(c), may not operate in the navigable

393
waters or Exclusive Economic Zone of the United States after CFR part 13.113 (a) or (c), holds a Tankerman-PIC or
January 1, 2000. Tankerman-PIC (Barge) endorsement issued under 46 CFR part
13 that authorizes the holder to supervise the transfer of fuel oil,
(f) This section does not apply to tank vessels that carry asphalt, the transfer of liquid cargo in bulk, or cargo-tank cleaning, as
animal fat, or vegetable oil as their only cargo. appropriate to the product and vessel.

[59 FR 53286, Oct. 21, 1994; 62 FR 48770, Sept. 17, 1997] (c) On each foreign tankship, the operator or agent of the vessel
shall verify to his or her satisfaction that each PIC either of a
155.490 [Reserved] transfer of liquid cargo in bulk or of cargo-tank cleaning

Subpart C Transfer Personnel, Procedures, (1) Has sufficient training and experience with the relevant
Equipment, and Records characteristics of the vessel on which he or she is engaged,
including the cargo for transfer, the cargo-containment system,
155.700 Designation Of Person In Charge. the cargo system (including transfer procedures, and shipboard-
Each operator or agent of a vessel with a capacity of 250 or more emergency equipment and procedures), the control and
barrels of fuel oil, cargo oil, hazardous material, or liquefied gas monitoring systems, the procedures for reporting pollution
as regulated in Table 4 of 46 CFR part 154, or each person who incidents, and, if installed, the systems for crude-oil washing, inert
arranges for and hires a person to be in charge of a transfer of gas, and vapor control, to safely conduct either a transfer of liquid
fuel oil, of a transfer of liquid cargo in bulk, or of cargo-tank cargo in bulk or cargo-tank cleaning;
cleaning, shall designate, either by name or by position in the
crew, the person in charge (PIC) of each transfer to or from the (2) Except as provided in paragraph (g) of this section, holds a
vessel and of each tank-cleaning. license or other document issued by the flag state or its
authorized agent authorizing service as master, mate, pilot,
[CGD 86-034, 55 FR 36254, Sept. 4, 1990; 60 FR 17134, Apr. 4, engineer, or operator on that vessel;
1995; 62 FR 25115, May 8, 1997; 62 FR 37134, July 11, 1997]
(3) Except as provided in paragraph (g) of this section, holds a
155.710 Qualifications Of Person In Charge. Dangerous-Cargo Endorsement or Certificate issued by a flag
(a) On each tankship required to be documented under the laws state party to the International Convention on Standards of
of the United States, the operator or agent of the vessel, or the Training, Certification and Watchkeeping for Seafarers, 1978
person who arranges and hires a person to be in charge either of (STCW), or other form of evidence acceptable to the Coast Guard,
a transfer of liquid cargo in bulk or of cargo-tank cleaning, shall attesting the PIC's meeting the requirements of Chapter V of
verify to his or her satisfaction that each person designated as a STCW as a PIC of the transfer of fuel oil, of the transfer of liquid
PIC cargo in bulk, or of cargo-tank cleaning;

(1) Has sufficient training and experience with the relevant (4) Is capable of reading, speaking, and understanding in English,
characteristics of the vessel on which he or she is engaged or a language mutually-agreed-upon with the shoreside PIC of the
including the cargo for transfer, the cargo-containment system, transfer, all instructions needed to commence, conduct, and
the cargo system (including transfer procedures, and shipboard- complete a transfer of fuel oil, a transfer of liquid cargo in bulk, or
emergency equipment and procedures), the control and cargo-tank cleaning, except that the use of an interpreter meets
monitoring systems, the procedures for reporting pollution this requirement if the interpreter
incidents, and, if installed, the Crude-Oil Washing (COW), inert-
gas, and vapor-control systemsto safely conduct a transfer of (i) Fluently speaks the language spoken by each PIC;
fuel oil, a transfer of liquid cargo in bulk, or cargo-tank cleaning;
(ii) Is immediately available to the PIC on the tankship at all times
(2) Except as provided in paragraph (g) of this section, holds a during the transfer or cargo-tank cleaning; and
license or officer endorsement issued under 46 CFR part 10
authorizing service aboard a vessel certified for voyages beyond (iii) Is knowledgeable about, and conversant with terminology of,
any Boundary Line described in 46 CFR part 7, except on ships, transfers, and cargo-tank cleaning; and
tankships or self-propelled tank vessels not certified for voyages
beyond the Boundary Line; and (5) Is capable of effectively communicating with all crewmembers
involved in the transfer or cargo-tank cleaning, with or without an
(3) Except as provided in paragraph (g) of this section and 46 interpreter.
CFR 13.113 (a) or (c), holds a Tankerman-PIC endorsement
issued under 46 CFR part 13 that authorizes the holder to (d) On each foreign tank barge, the operator or agent of the
supervise the transfer of fuel oil, the transfer of liquid cargo in bulk, vessel shall verify to his or her satisfaction that each PIC either of
or cargo-tank cleaning, as appropriate to the product. the transfer of liquid cargo in bulk or of cargo-tank cleaning

(b) On each tank barge required to be inspected under 46 U.S.C. (1) Has sufficient training and experience with the relevant
3703, the operator or agent of the vessel, or the person who characteristics of the vessel on which he or she is engaged
arranges and hires a person to be in charge of a transfer of fuel including the cargo for transfer, the cargo-containment system,
oil, of a transfer of liquid cargo in bulk, or of cargo-tank cleaning, the cargo system (including transfer procedures, and shipboard-
shall verify to his or her satisfaction that each PIC emergency equipment and procedures), the control and
monitoring systems, the procedures for reporting pollution
(1) Has sufficient training and experience with the relevant incidents, and, if installed, the COW, inert-gas, and vapor-control
characteristics of the vessel on which he or she is engaged systemsto safely conduct a transfer of fuel oil, a transfer of
including the cargo for transfer, the cargo-containment system, liquid cargo in bulk, or cargo-tank cleaning;
the cargo system (including transfer procedures, and shipboard-
emergency equipment and procedures), the control and (2) Except as provided in paragraph (g) of this section, holds a
monitoring systems, the procedures for reporting pollution Dangerous-Cargo Endorsement or Certificate issued by a flag
incidents, and, if installed, the COW, inert-gas, and vapor-control state party to STCW, or other form of evidence acceptable to the
systemsto safely conduct either a transfer of liquid cargo in bulk Coast Guard, attesting the PIC's meeting the requirements of
or cargo-tank cleaning; and Chapter V of STCW as a PIC of the transfer of fuel oil, of the
transfer of liquid cargo in bulk, or of cargo-tank cleaning;
(2) Except as provided in paragraph (g) of this section and 46

394
(3) Is capable of reading, speaking, and understanding in English, state that the holder has received sufficient formal instruction from
or a language mutually-agreed-upon with the shoreside PIC of the the operator or agent of the vessel to ensure his or her ability to
transfer, all instructions needed to commence, conduct, and safely and adequately carry out the duties and responsibilities of
complete a transfer of fuel oil, a transfer of liquid cargo in bulk, or the PIC described in 33 CFR 156.120 and 156.150.
cargo-tank cleaning, except that the use of an interpreter meets
this requirement if the interpreter [63 FR 35822, July 1, 1998]

(i) Fluently speaks the language spoken by each PIC; 155.720 Transfer Procedures.
The operator of a vessel with a capacity of 250 or more barrels of
(ii) Is immediately available to the PIC on the tankship at all times oil, hazardous material, or liquefied gas as regulated in Table 4 of
during the transfer or cargo-tank cleaning; and 46 CFR part 154 shall provide transfer procedures that meet the
requirements of this part and part 156 of this chapter for
(iii) Is knowledgeable about, and conversant with terminology of, transferring-
ships, transfers, and cargo-tank cleaning; and
(a) To or from the vessel; and
(4) Is capable of effectively communicating with all crewmembers
involved in the transfer or cargo-tank cleaning, with or without an (b) From tank to tank within the vessel.
interpreter.
[CGD 86-034, 55 FR 36254, Sept. 4, 1990; 62 FR 25115, May 8,
(e) The operator or agent of each vessel to which this section 1997]
applies shall verify to his or her satisfaction that the PIC of any
transfer of fuel oil requiring a Declaration of Inspection 155.730 Compliance With Transfer Procedures.
The vessel operator of each vessel required by 155.720 to have
(1) On each inspected vessel required by 46 CFR chapter I to transfer procedures shall maintain them current and shall require
have an officer aboard, holds a valid license or merchant mariner vessel personnel to use the transfer procedures for each transfer
credential issued under 46 CFR chapter I, subchapter B, operation.
authorizing service as a master, mate, pilot, engineer, or operator
aboard that vessel, or holds a valid merchant mariner's document [CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD
or merchant Mariner credential endorsed as Tankerman-PIC; 86-034, 55 FR 36254, Sept. 4, 1990]

(2) On each uninspected vessel, either complies with the 155.740 Availability Of Transfer Procedures.
requirements of paragraph (e)(1) of this section or carries a letter The transfer procedures required by 155.720 must be:
satisfying the requirements of 155.715 and designating him or
her as a PIC, unless equivalent evidence is immediately available (a) Available for inspection by the COTP or OCMI whenever the
aboard the vessel or at his or her place of employment. vessel is in operation;

(3) On each tank barge, for its own engine-driven pumps, either (b) Legibly printed in a language or languages understood by
complies with paragraph (e)(1) or (2) of this section or has been personnel engaged in transfer operations; and
instructed by the operator or agent of the vessel both in his or her
duties and in the Federal statutes and regulations on water (c) Permanently posted or available at a place where the
pollution that apply to the vessel; or procedures can be easily seen and used by members of the crew
when engaged in transfer operations.
(4) On each foreign vessel, holds a license or certificate issued by
a flag state party to STCW, or other form of evidence acceptable [CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD
to the Coast Guard, attesting the qualifications of the PIC to act 86-034, 55 FR 36254, Sept. 4, 1990]
as master, mate, pilot, operator, engineer, or tankerman aboard
that vessel. 155.750 Contents of transfer procedures.
(a) The transfer procedures required by 155.720 must contain,
(f) Except as provided in paragraph (g) of this section, the either in the order listed or by use of a cross-reference index page:
operator or agent of each self-propelled tank vessel carrying oil or
hazardous material in bulk shall verify to his or her satisfaction (1) A list of each product transferred to or from the vessel,
that the PIC of the transfer of oil or hazardous material in bulk to including the following information:
or from a vessel, or of cargo-tank cleaning, holds a Tankerman-
PIC endorsement on his or her MMD or merchant mariner (i) Generic or chemical name;
credential and either a license, officer endorsement, or a
Certificate issued by a flag state party to STCW authorizing (ii) Cargo information as described in 154.310(a)(5)(ii) of this
service as a master, mate, pilot, engineer, or operator aboard that chapter; and
vessel.
(iii) Applicability of transfer procedures;
(g) The PIC of a cargo-tank cleaning on a vessel at a tank-
cleaning facility or shipyard need not hold any of the merchant (2) A description of each transfer system on the vessel including:
mariner credentials, licenses, documents, certificates, or
endorsements required in paragraphs (a) through (f) of this (i) A line diagram of the vessel's transfer piping, including the
section, if he or she is a National Fire Protection Association location of each valve, pump, control device, vent, and overflow;
Certificated Marine Chemist.
(ii) The location of the shutoff valve or other isolation device that
[CGD 79-116, 60 FR 17141, Apr. 4, 1995, as amended by CGD separates any bilge or ballast system from the transfer system;
79-116, 61 FR 25126, May 8, 1997; CGD 79-116, 63 FR 35826, and
July 1, 1998; USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]
(iii) A description of and procedures for emptying the discharge
155.715 Contents Of Letter Of Designation As A Person-In- containment system required by 155.310 and 155.320;
Charge Of The Transfer Of Fuel Oil.
The letter of instruction required in 155.710(e)(2) must designate (3) The number of persons required to be on duty during transfer
the holder as a person-in-charge of the transfer of fuel oil and operations;

395
(4) The duties by title of each officer, person in charge, tankerman, (e) If a cargo tank of a tank vessel is fitted with an overfill device,
deckhand, and any other person required for each transfer the transfer procedures must contain a description of the overfill
operation; device, including:

(5) Procedures and duty assignments for tending the vessel's (1) The tank overfill device system and specific procedures for the
moorings during the transfer of oil or hazardous material; person in charge to

(6) Procedures for operating the emergency shutdown and (i) Monitor the level of cargo in the tank; and
communications means required by 155.780 and 155.785,
respectively; (ii) Shut down transfer operations in time to ensure that the cargo
level in each tank does not exceed the maximum amount
(7) Procedures for topping off tanks; permitted by 155.775(b).

(8) Procedures for ensuring that all valves used during the (2) Pre-transfer overfill device equipment inspection and test
transfer operations are closed upon completion of transfer; requirements.

(9) Procedures for reporting discharges of oil or hazardous (Approved by the Office of Management and Budget under control
material into the water; and number 1625-0030)

(10) Procedures for closing and opening the vessel openings in [CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD
155.815. 88-102, 55 FR 25445, June 21, 1990; CGD 86-034, 55 FR 36254,
Sept. 4, 1990; CGD 92-027, 58 FR 39662, July 26, 1993; CGD
(11) Statements explaining that each hazardous materials transfer 90-071a, 59 FR 53291, Oct. 21, 1994; USCG-2006-25150, 71 FR
hose is marked with either the name of each product which may 39210, July 12, 2006; USCG-1999-5150, 78 FR 42641, July 16,
be transferred through the hose or with letters, numbers or other 2013]
symbols representing all such products and the location in the
transfer procedures where a chart or list of the symbols used and 155.760 Amendment Of Transfer Procedures.
a list of the compatible products which may be transferred through (a) The COTP or OCMI may require the vessel operator of any
the hose can be found for consultation before each transfer. vessel that is required to have transfer procedures under
155.720 to amend those procedures if the COTP or OCMI finds
(b) Exemptions or alternatives granted must be placed in the front that the transfer procedures do not meet the requirements of this
of the transfer procedures. part.

(c) The vessel operator shall incorporate each amendment to the (b) The COTP or OCMI shall notify the vessel operator in writing
transfer procedures under 155.760 in the procedures with the of any inadequacies in the oil transfer procedures. The vessel
related existing requirement, or at the end of the procedures if not operator may submit written information, views, and arguments on
related to an existing requirement. and proposals for amending the procedures within 14 days from
the date of the COTP or OCMI notice. After considering all
(d) If a vessel is fitted with a vapor control system, the transfer relevant material presented, the COTP or OCMI shall notify the
procedures must contain a description of the vapor collection vessel operator of any amendment required or adopted, or the
system on the vessel which includes: COTP or OCMI may rescind the notice. The amendment
becomes effective 30 days after the vessel operator receives the
(1) A line diagram of the vessel's vapor collection system piping, notice, unless the vessel operator petitions the Commandant to
including the location of each valve, control device, pressure- review the COTP or OCMI notice, in which case its effective date
vacuum relief valve, pressure indicator, flame arresters, and is delayed pending a decision by the Commandant. Petitions to
detonation arresters, if fitted; the Commandant must be submitted in writing via the COTP or
OCMI who issued the requirement to amend.
(2) The location of spill valves and rupture disks, if fitted;
(c) If the COTP or OCMI finds that there is a condition requiring
(3) The maximum allowable transfer rate determined in immediate action to prevent the discharge or risk of discharge that
accordance with 46 CFR 39.3001(d)(1) through (3); makes the procedure in paragraph (b) of this section impractical
or contrary to the public interest, he or she may issue an
(4) The initial transfer rate for each tank that complies with 46 amendment effective on the date the vessel operator receives
CFR 39.3001(g); notice of it. In such a case, the COTP or OCMI includes a brief
statement of the reasons for the findings in the notice, and the
(5) A table or graph of transfer rates and corresponding vapor vessel operator may petition the Commandant, in any manner, to
collection system pressure drops calculated in accordance with review the amendment. The petition does not postpone the
46 CFR 39.3001(c); amendment.

(6) The relief settings of each spill valve, rupture disk, and [CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD
pressure-vacuum relief valve; and 86-034, 55 FR 36255, Sept. 4, 1990]

(7) A description of and procedures for operating the vapor 155.770 Draining Into Bilges.
collection system, including the: No person may intentionally drain oil or hazardous material from
any source into the bilge of a vessel.
(i) Pre-transfer equipment inspection requirements;
[CGD 86-034, 55 FR 36255, Sept. 4, 1990]
(ii) Vapor line connection;
155.775 Maximum Cargo Level Of Oil.
(iii) Closed gauging system; (a) For the purposes of this section, "oil" has the same meaning
as provided in 151.05 of this chapter.
(iv) High level alarm system, if fitted; and
(b) A cargo tank on a tank vessel may not be filled with oil higher
(v) Independent automatic shutdown system, if fitted. than-

396
(1) 98.5 percent of the cargo tank volume; or (c) Lighting must be located or shielded so as not to mislead or
otherwise interfere with navigation on the adjacent waterways.
(2) The level at which the overfill alarm required by 155.480 is
set. [CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD
86-034, 55 FR 36255, Sept. 4, 1990]
[CGD 90-071a, 59 FR 53291, Oct. 21, 1994]
155.800 Transfer Hose.
155.780 Emergency Shutdown. Hose used to transfer oil or hazardous material must meet the
(a) A tank vessel with a capacity of 250 or more barrels that is requirements of 154.500 of this chapter.
carrying oil or hazardous material as cargo must have on board
an emergency means to enable the person in charge of a transfer [CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD
operation to a facility, to another vessel, or within the vessel to 86-034, 55 FR 36255, Sept. 4, 1990]
stop the flow of oil or hazardous material.
155.805 Closure Devices.
(b) The means to stop the flow may be a pump control, a quick- (a) Each end of each transfer hose on board which is not
acting, power actuated valve, or an operating procedure. If an connected for the transfer of oil or hazardous material must be
emergency pump control is used, it must stop the flow of oil or blanked off with butterfly valves, wafer-type resilient seated valves,
hazardous material if the oil or hazardous material could siphon blank flanges, or other means acceptable to the COTP or OCMI.
through the stopped pump.
(b) New, unused hose is exempt from the requirement in
(c) The means to stop the flow must be operable from the cargo paragraph (a) of this section.
deck, cargo control room, or the usual operating station of the
person in charge of the transfer operation. [CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD
86-034, 55 FR 36255, Sept. 4, 1990]
[CGD 86-034, 55 FR 36255, Sept. 4, 1990]
155.810 Tank Vessel Security.
155.785 Communications. Operators of tank vessels carrying more oil cargo residue than
(a) During vessel to vessel transfers, each tank vessel with a normal in any cargo tank must assign a surveillance person or
capacity of 250 or more barrels of cargo that is carrying oil or persons responsible for maintaining standard vessel security.
hazardous material must have a means that enables continuous
two-way voice communication between the persons in charge of [CGD 75-124, 45 FR 7175, Jan. 31, 1980; 66 FR 55566, Nov. 2,
the transfer operations on both vessels. 2001]

(b) Each vessel must have a means, which may be the 155.815 Tank Vessel Integrity.
communication system itself, that enables a person on board (a) Except as provided in paragraph (b) of this section, a tank
each vessel to effectively indicate his desire to use the means of vessel underway or at anchor must have all closure mechanisms
communication required by paragraph (a) of this section. on the following openings properly closed:

(c) The means required by paragraph (a) of this section must be (1) Expansion trunk hatches;
usable and effective in all phases of the transfer operation and all
conditions of weather. (2) Ullage openings;

(d) Portable radio devices used to comply with paragraph (a) of (3) Sounding ports;
this section during the transfer of flammable or combustible
liquids must be intrinsically safe, as defined in 46 CFR 110.15- (4) Tank cleaning openings; and
100(i), and meet Class I, Division I, Group D requirements as
defined in 46 CFR 111.80. (5) Any other tank vessel openings that maintain the seaworthy
condition of the tank vessel and prevent the inadvertent release of
[CGD 75-124, 45 FR 7175, Jan. 31, 1980; 45 FR 43705, June 30, oil or hazardous material in the event of a tank vessel accident.
1980, as amended by CGD 86-034, 55 FR 36255, Sept. 4, 1990]
(b) No person may open any of the closure mechanisms in
155.790 Deck Lighting. paragraph (a) of this section while the tank vessel is underway or
(a) A self-propelled vessel with a capacity of 250 or more barrels at anchor except when authorized and supervised by a licensed
of oil or hazardous material that is conducting transfer operations or credentialed officer or the tankerman required by 46 CFR
between sunset and sunrise must have deck lighting that 31.15-5(a).
adequately illuminates-
[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD
(1) Each transfer operations work area and each transfer 86-034, 55 FR 36255, Sept. 4, 1990; USCG-2006-24371, 74 FR
connection point in use on the vessel; and 11212, Mar. 16, 2009]

(2) Each transfer operations work area and each transfer 155.820 Records.
connection point in use on each barge, if any, moored to the The vessel operator shall keep a written record available for
vessel to or from which oil or hazardous material is being inspection by the COTP or OCMI of:
transferred;
(a) The name of each person currently designated as a person in
(b) Where the illumination is apparently inadequate the OCMI or charge of transfer operations.
COTP may require verification by instrument of the levels of
illumination. On a horizontal plane 3 feet above the deck the (b) The date and result of the most recent test and inspection of
illumination must measure at least: each item tested or inspected as required by 156.170 of this
chapter;
(1) 5.0 foot candles at transfer connection points; and
(c) The hose information required by 154.500(e) and (g) of this
(2) 1.0 foot candle in transfer operations work areas. chapter unless that information is marked on the hose; and

397
(d) The Declaration of Inspection as required by 156.150(f) of United States must meet all requirements of this subpart except
this chapter. for

[CGD 75-124, 45 FR 7175, Jan. 31, 1980, as amended by CGD (1) Identifying and ensuring, through contract or other approved
86-034, 55 FR 36255, Sept. 4, 1990] means, the availability of response resources including the shore-
based spill management team;
Subpart D Response Plans
(2) Providing the geographic-specific appendices required in
Source:CGD 91-034, 61 FR 1081, Jan. 12, 1996, unless 155.1035, 155.1040, or 155.1045, as appropriate; and
otherwise noted.
(3) Identifying and designating a qualified individual and alternate
155.1010 Purpose. qualified individual required in 155.1026.
The purpose of this subpart is to establish requirements for oil
spill response plans for certain vessels. The planning criteria in Note to 155.1015: Response plan requirements for nontank
this subpart are intended for use in response plan development vessels are found in subpart J of this part.
and the identification of resources necessary to respond to the oil
spill scenarios prescribed during the planning process. The [CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-
development of a response plan prepares the vessel owner or 2000-7641, 66 FR 55572, Nov. 2, 2001; USCG-2008-1070, 78 FR
operator and the vessel's crew to respond to an oil spill. The 60122, Sept. 30, 2013]
specific criteria for response resources and their arrival times are
not performance standards. They are planning criteria based on a 155.1020 Definitions.
set of assumptions that may not exist during an actual oil spill Except as otherwise defined in this section, the definitions in
incident. 155.110 apply to this subpart and subparts F and G of this part.
For the purposes of this subpart only, the term:
155.1015 Applicability.
(a) Except as provided in paragraph (c) of this section, this Adverse weather means the weather conditions that will be
subpart applies to each vessel that is constructed or adapted to considered when identifying response systems and equipment in
carry, or that carries, oil in bulk as cargo or oil cargo residue, and a response plan for the applicable operating environment. Factors
that to consider include, but are not limited to, significant wave height,
ice, temperature, weather-related visibility, and currents within the
(1) Is a vessel of the United States; Captain of the Port (COTP) zone in which the systems or
equipment are intended to function.
(2) Operates on the navigable waters of the United States; or
Animal fat means a non-petroleum oil, fat, or grease derived from
(3) Transfers oil in a port or place subject to the jurisdiction of the animals and not specifically identified elsewhere in this part.
United States.
Average most probable discharge means a discharge of the
(b) This subpart also applies to vessels which engage in oil lesser of 50 barrels of oil or 1 percent of the cargo from the vessel
lightering operations in the marine environment beyond the during cargo oil transfer operations to or from the vessel.
baseline from which the territorial sea is measured, when the
cargo lightered is destined for a port or place subject to the Bulk means any volume of oil carried in an integral tank of the
jurisdiction of the United States. vessel and oil transferred to or from a marine portable tank or
independent tank while on board a vessel.
(c) This subpart does not apply to the following types of vessels:
Captain of the Port (COTP) Zone means a zone specified in 33
(1) Public vessels and vessels deemed public vessels under 14 CFR part 3 and, for coastal ports, the seaward extension of that
U.S.C. 827. zone to the outer boundary of the exclusive economic zone (EEZ).

(2) Vessels that, although constructed or adapted to carry oil in Cargo means oil that is transported to and off-loaded at a
bulk as cargo or oil cargo residue, are not storing or carrying oil in destination by a vessel. It does not include
bulk as cargo or oil cargo residue.
(1) Oil carried in integral tanks, marine portable tanks, or
(3) Dedicated response vessels when conducting response independent tanks for use by machinery, helicopters, and boats
operations. carried aboard the vessel, or for use by helicopters that are
directly supporting the vessel's primary operations; or
(4) Vessels of opportunity when conducting response operations
in a response area. (2) Oil transferred from a towing vessel to a vessel in its tow to
operate installed machinery other than the propulsion plant.
(5) Offshore supply vessels as defined in 46 U.S.C. 2101.
Contract or other approved means includes
(6) Fishing or fishing tender vessels as defined in 46 U.S.C. 2101
of not more than 750 gross tons when engaged only in the fishing (1) A written contractual agreement between a vessel owner or
industry. operator and an oil spill removal organization. The agreement
must identify and ensure the availability of specified personnel
(7) Foreign-flag vessels engaged in innocent passage through the and equipment required under this subpart within stipulated
territorial sea or transit passage through a strait used for response times in the specified geographic areas;
international navigation, unless bound for or departing from a port
or place of the United States. (2) Certification by the vessel owner or operator that specified
personnel and equipment required under this subpart are owned,
(8) Vessels carrying oil as a secondary cargo and measuring 400 operated, or under the direct control of the vessel owner or
gross tons or greater. operator, and are available within stipulated response times in the
specified geographic areas;
(d) Vessels covered by this subpart that are not operating within
the navigable waters or the exclusive economic zone of the (3) Active membership in a local or regional oil spill removal

398
organization that has identified specified personnel and (1) Corpus Christi, TX;
equipment required under this subpart that are available to
respond to a discharge within stipulated response times in the (2) Houston/Galveston, TX;
specified geographic areas;
(3) Port Arthur, TX;
(4) A document which
(4) Morgan City, LA;
(i) Identifies the personnel, equipment, and services capable of
being provided by the oil spill removal organization within (5) New Orleans, LA;
stipulated response times in the specified geographic areas;
(6) Mobile, AL; and
(ii) Sets out the parties' acknowledgment that the oil spill removal
organization intends to commit the resources in the event of a (7) St. Petersburg, FL.
response;
Higher volume port area means the following areas, including
(iii) Permits the Coast Guard to verify the availability of the any water area within 50 nautical miles seaward of the entrance(s)
identified response resources through tests, inspections, and to the specified port:
exercises; and
(1) Boston, MA.
(iv) Is referenced in the response plan; or
(2) New York, NY.
(5) With the written consent of the oil spill removal organization,
the identification of an oil spill removal organization with specified (3) Delaware Bay and River to Philadelphia, PA.
equipment and personnel which are available within stipulated
response times in the specified geographic areas. This paragraph (4) St. Croix, VI.
is an other approved means for only
(5) Pascagoula, MS.
(i) A vessel carrying oil as secondary cargo to meet the
requirements under 155.1045(i)(3); (6) Mississippi River from Southwest Pass, LA to Baton Rouge,
LA. Note: Vessels destined for, departing from, or offloading at
(ii) A barge operating on rivers and canals to meet the the Louisiana Offshore Oil Port are not considered to be operating
requirements for lightering capability under 155.1050(j), in this higher volume port area.
155.1052(g), 155.1230(g), and 155.2230(g);
(7) Lake Charles, LA.
(iii) A vessel to meet the salvage and firefighting requirements in
155.1050(j), 155.1052(f), 155.1230(f), and 155.2230(f); and (8) Sabine-Neches River, TX.

(iv) A vessel to meet the resource requirements in 155.1052(c), (9) Galveston Bay and Houston Ship Channel, TX.
155.1230(c), and 155.2230(c).
(10) Corpus Christi, TX.
Dedicated response vessel means a vessel of which the service
is limited exclusively to oil and hazardous substance spill (11) Los Angeles/Long Beach Harbor, CA.
response-related activities, including spill recovery and transport,
tanker escorting, deployment of spill response equipment, (12) San Francisco Bay, San Pablo Bay, Carquinez Strait, and
supplies, and personnel, and spill response-related training, Suisun Bay to Antioch, CA.
testing, exercises, and research.
(13) Strait of Juan De Fuca at Port Angeles, WA to and including
Dispersant-application platform means the vessel or aircraft Puget Sound, WA.
outfitted with the dispersant-application equipment acting as the
delivery system for the dispersant onto the oil spill. (14) Prince William Sound, AK.

Dispersant Mission Planner 2 (DMP2) means an Internet- Inland area means the area shoreward of the boundary lines
downloadable application that estimates EDAC for different defined in 46 CFR part 7, except that in the Gulf of Mexico, it
dispersant response systems. The NSFCC will use DPMP2 for means the area shoreward of the lines of demarcation (COLREG
evaluating OSRO dispersant classification levels. lines) as defined in 80.740 through 80.850 of this chapter. The
inland area does not include the Great Lakes.
Effective daily application capacity or EDAC means the
estimated amount of dispersant that can be applied to a discharge Maximum extent practicable means the planned capability to
by an application system, given the availability of supporting respond to a worst case discharge in adverse weather, as
dispersant stockpiles, when operated in accordance with contained in a response plan that meets the criteria in this subpart
approved standards and within acceptable environmental or in a specific plan approved by the Coast Guard.
conditions.
Maximum most probable discharge means a discharge of
Exclusive economic zone means the zone contiguous to the
territorial sea of United States extending to a distance up to 200 (1) 2,500 barrels of oil for vessels with an oil cargo capacity equal
nautical miles from the baseline from which the breadth of the to or greater than 25,000 barrels; or
territorial sea is measured.
Great Lakes means Lakes Superior, Michigan, Huron, Erie, and (2) 10% of the vessel's oil cargo capacity for vessels with a
Ontario, their connecting and tributary waters, the Saint Lawrence capacity of less than 25,000 barrels.
River as far as Saint Regis, and adjacent port areas.
Nearshore area means the area extending seaward 12 miles
Gulf Coast means for the purposes of dispersant application from the boundary lines defined in 46 CFR part 7, except in the
requirements, the regions encompassing the following Captain of Gulf of Mexico. In the Gulf of Mexico, a nearshore area is one
the Port Zones: extending seaward 12 miles from the line of demarcation

399
(COLREG lines) as defined in 80.740 through 80.850 of this this subpart, persistent oils are further classified based on specific
chapter. gravity as follows:

Non-persistent or Group I oil means a petroleum-based oil that, (1) Group IIspecific gravity of less than .85.
at the time of shipment, consists of hydrocarbon fractions
(2) Group IIIspecific gravity equal to or greater than .85 and
(1) At least 50% of which by volume, distill at a temperature of less than .95.
340 degrees C (645 degrees F); and
(3) Group IVspecific gravity equal to or greater than .95 and
(2) At least 95% of which by volume, distill at a temperature of less than or equal to 1.0.
370 degrees C (700 degrees F).
(4) Group Vspecific gravity greater than 1.0.
Non-petroleum oil means oil of any kind that is not petroleum-
based. It includes, but is not limited to, animal fats and vegetable Petroleum oil means petroleum in any form, including but not
oils. limited to, crude oil, fuel oil, sludge, oil residue, and refined
products.
Ocean means the open ocean, offshore area, and nearshore area
as defined in this subpart. Pre-authorization for dispersant use means an agreement,
adopted by a regional response team in coordination with area
Nontank vessel means a vessel meeting the description committees, that authorizes the use of dispersants at the
provided in 33 CFR 155.5015(a). discretion of the Federal On-Scene Coordinator without the
further approval of other Federal or State authorities. These pre-
Offshore area means the area up to 38 nautical miles seaward of authorization areas are generally limited to particular geographic
the outer boundary of the nearshore area. areas within each region.

Oil field waste means non-pumpable drilling fluids with possible Primary dispersant staging site means a site designated within
trace amounts of metal and oil. a Captain of the Port zone which is identified as a forward staging
area for dispersant-application platforms and the loading of
Oil spill removal organization (OSRO) means an entity that dispersant stockpiles. Primary staging sites would normally be the
provides oil spill response resources. planned location where the platform would load or reload
dispersants prior to departing for application at the site of the
On-scene coordinator or OSC means the Federal official discharge and may not be the location where dispersant
predesignated by the Coast Guard or Environmental Protection stockpiles are stored or application platforms are home based.
Agency to coordinate and direct Federal removal efforts at the
scene of an oil or hazardous substance discharge as prescribed Qualified individual and alternate qualified individual means a
in the National Oil and Hazardous Substances Pollution shore-based representative of a vessel owner or operator who
Contingency Plan (National Contingency Plan) as published in 40 meets the requirements of 33 CFR 155.1026.
CFR part 300.
Response activity means the containment and removal of oil
Open ocean means the area from 38 nautical miles seaward of from the water and shorelines, the temporary storage and
the outer boundary of the nearshore area, to the seaward disposal of recovered oil, or the taking of other actions as
boundary of the exclusive economic zone. necessary to minimize or mitigate damage to public health or
welfare or the environment.
Operating in compliance with the plan means operating in
compliance with the provisions of this subpart, including ensuring Response resources means the personnel, equipment, supplies,
the availability of the response resources by contract or other and other capability necessary to perform the response activities
approved means and conducting the necessary training and identified in a response plan.
exercises.
Rivers and canals mean bodies of water confined within the
Operational effectiveness monitoring means monitoring inland area, including the Intracoastal Waterways and other
concerned primarily with determining whether the dispersant was waterways artificially created for navigation, that have a project
properly applied and how the dispersant is affecting the oil. depth of 12 feet or less.

Operator means person who is an owner, a demise charterer, or Secondary Cargo (see Vessels Carrying Oil as a Secondary
other contractor, who conducts the operation of, or who is Cargo)
responsible for the operation of a vessel. For the purposes of this
subpart only, the operator of a towing vessel is not, per se, Specific gravity means the ratio of the mass of a given volume of
considered the operator of a vessel being towed. liquid at 15 degrees C (60 degrees F) to the mass of an equal
volume of pure water at the same temperature.
Other non-petroleum oil means an oil of any kind that is not a
petroleum oil, an animal fat, or a vegetable oil. Spill management team means the personnel identified to staff
the organizational structure identified in a response plan to
Owner or vessel owner means any person holding legal or manage response plan implementation.
equitable title to a vessel; provided, however, that a person
holding legal or equitable title to a vessel solely as security is not Substantial threat of such a discharge means any incident
the owner. In a case where a Certificate of Documentation has involving a vessel that may create a significant risk of discharge of
been issued, the owner is the person or persons whose name or cargo oil. Such incidents include, but are not limited to,
names appear on the vessel's Certificate of Documentation groundings, strandings, collisions, hull damage, fire, explosion,
provided, however, that where a Certificate of Documentation has loss of propulsion, flooding, on-deck spills, or other similar
been issued in the name of a president or secretary of an occurrences.
incorporated company, such incorporated company is the owner.
Tanker means a self-propelled tank vessel constructed or
Persistent oil means a petroleum-based oil that does not meet adapted primarily to carry oil or hazardous material in bulk in the
the distillation criteria for a non-persistent oil. For the purposes of cargo spaces.

400
Tier means the combination of required response resources and has received written authorization for continued operations from
the times within which the resources must arrive on scene. the Coast Guard.
Appendix B of this part, especially Tables 5 and 6, provide
specific guidance on calculating the response resources required (2) To receive this authorization, the vessel owner or operator
by each tier. Sections 155.1050(g), 155.1135, 155.1230(d), and must certify in writing to the Coast Guard that the owner or
155.2230(d) set forth the required times within which the operator has identified and ensured the availability of, through
response resources must arrive on scene. Tiers are applied in contract or other approved means, the necessary private
three categories: response resources to respond, to the maximum extent
practicable, to a worst case discharge or substantial threat of
(1) Higher volume port areas; such a discharge from their vessel as described in 155.1050,
155.1052, 155.1230, or 155.2230, as appropriate.
(2) The Great Lakes; and
(d) With respect to paragraph (b) of this section, a vessel may not
(3) All other operating environments, including rivers and canals, continue to handle, store, transport, transfer, or lighter oil if
inland, nearshore, and offshore areas.
(1) The Coast Guard determines that the response resources
Vegetable oil means a non-petroleum oil or fat not specifically identified in the vessel's certification statement do not meet the
identified elsewhere in this part that is derived from plant seeds, requirements of this subpart;
nuts, kernels or fruits.
(2) The contracts or agreements cited in the vessel's certification
Vessel of opportunity means a vessel engaged in spill response statement are no longer valid;
activities that is normally and substantially involved in activities
other than spill response and not a vessel carrying oil as a (3) The vessel is not operating in compliance with the submitted
primary cargo. plan; or

Vessels carrying oil as a primary cargo means all vessels (4) The period of this authorization expires.
except dedicated response vessels carrying oil in bulk as cargo or
cargo residue that have a Certificate of Inspection issued under (e) An owner or operator of a vessel may be authorized by the
46 CFR Chapter I, subchapter D. applicable COTP to have that vessel make one voyage to
transport or handle oil in a geographic specific area not covered
Vessels carrying oil as a secondary cargo means vessels, by the vessel's response plan. All requirements of this subpart
other than vessels carrying oil as a primary cargo, carrying oil in must be met for any subsequent voyages to that geographic
bulk as cargo or cargo residue pursuant to a permit issued under specific area. To be authorized, the vessel owner or operator shall
46 CFR 30.01-5, 70.05-30, or 90.05-35, an International Oil certify to the COTP in writing, prior to the vessel's entry into the
Pollution Prevention (IOPP) or Noxious Liquid Substance (NLS) COTP zone, that
certificate required by 33 CFR 151.33 or 151.35; or any
uninspected vessel that carries oil in bulk as cargo or cargo (1) A response plan meeting the requirements of this subpart
residue. (except for the applicable geographic specific appendix) or a
shipboard oil pollution emergency plan approved by the flag state
Worst case discharge means a discharge in adverse weather that meets the requirements of Regulation 37 of Annex I to the
conditions of a vessel's entire oil cargo. International Convention for the Prevention of Pollution from
Ships, 1973 as modified by the Protocol of 1978 relating thereto,
[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG- as amended (MARPOL 73/78);
2000-7641, 66 FR 55572, Nov. 2, 2001; USCG-1998-3417, 73 FR
80649, Dec. 31, 2008; USCG-2001-8661, 74 FR 45026, Aug. 31, (2) The approved response plan or the required plan section(s) is
2009; USCG-2010-0351, 75 FR 36285, June 25, 2010; USCG- aboard the vessel;
2008-1070, 78 FR 60122, Sept. 30, 2013]
(3) The vessel owner or operator has identified and informed the
155.1025 Operating Restrictions And Interim Operating vessel master and the COTP of the designated qualified individual
Authorization. prior to the vessel's entry into the COTP zone; and
(a) Vessels subject to this subpart may not perform the following
functions, unless operating in compliance with a plan approved (4) The vessel owner or operator has identified and ensured the
under 155.1065: availability of, through contract or other approved means, the
private response resources necessary to respond, to the
(1) Handling, storing, or transporting oil on the navigable waters of maximum extent practicable under the criteria in 155.1050,
the United States; or 155.1052, 155.1230, or 155.2230, as appropriate, to a worst case
discharge or substantial threat of discharge from the vessel in the
(2) Transferring oil in any other port or place subject to U.S. applicable COTP zone.
jurisdiction.
[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-
(b) Vessels subject to this subpart may not transfer oil in a port or 2008-0179, 73 FR 35015, June 19, 2008]
place subject to the jurisdiction of the United States, where the oil
to be transferred was received from another vessel subject to this 155.1026 Qualified Individual And Alternate Qualified
subpart during a lightering operation referred to in 155.1015(b), Individual.
unless both vessels engaged in the lightering operation were (a) The response plan must identify a qualified individual and at
operating at the time in compliance with a plan approved under least one alternate who meet the requirements of this section.
155.1065. The qualified individual or alternate qualified individual must be
available on a 24-hour basis.
(c)
(b) The qualified individual and alternate must
(1) Notwithstanding the requirements of paragraph (a) of this
section, a vessel may continue to handle, store, transport, transfer, (1) Speak fluent English;
or lighter oil for 2 years after the date of submission of a response
plan pending approval of that plan, if the vessel owner or operator (2) Except as set out in paragraph (c) of this section, be located in

401
the United States; (8) Plan review and update procedures.

(3) Be familiar with the implementation of the vessel response (9) On board notification checklist and emergency procedures
plan; and (unmanned tank barges only).

(4) Be trained in the responsibilities of the qualified individual (10) Geographic-specific appendix for each COTP zone in which
under the response plan. the vessel or vessels operate.

(c) For Canadian flag vessels while operating on the Great Lakes (11) An appendix for vessel-specific information for the vessel or
or the Strait of Juan de Fuca and Puget Sound, WA, the qualified vessels covered by the plan.
individual may be located in Canada if he or she meets all other
requirements in paragraph (b) of this section. (d) A vessel owner or operator with multiple vessels may submit
one plan for each class of vessel (i.e., manned vessels carrying
(d) The owner operator shall provide each qualified individual and oil as primary cargo, unmanned vessels carrying oil as primary
alternate qualified individual identified in the plan with a document cargo, and vessels carrying oil as secondary cargo) with a
designating them as a qualified individual and specifying their full separate vessel-specific appendix for each vessel covered by the
authority to plan and a separate geographic-specific appendix for each COTP
zone in which the vessel(s) will operate.
(1) Activate and engage in contracting with oil spill removal
organization(s) and other response related resources identified in (e) The required contents for each section of the plan are
the plan; contained in 155.1035, 155.1040, and 155.1045, as applicable
to the type or service of the vessel.
(2) Act as a liaison with the predesignated Federal On-Scene
Coordinator (OCS); and (f) The response plan for a barge carrying nonhazardous oil field
waste may follow the same format as that for a vessel carrying oil
(3) Obligate funds required to carry out response activities. as a secondary cargo under 155.1045 in lieu of the plan required
under 155.1035 or 155.1040.
(e) The owner or operator of a vessel may designate an
organization to fulfill the role of the qualified individual and (g) A response plan must be divided into the sections described in
alternate qualified individual. The organization must then identify paragraph (c) of this section unless the plan is supplemented with
a qualified individual and at least one alternate qualified individual a cross-reference table to identify the location of the information
who meet the requirements of this section. The vessel owner or required by this subpart.
operator is required to list in the response plan the organization,
the person identified as the qualified individual, and the person or (h) The information contained in a response plan must be
persons identified as the alternate qualified individual(s). consistent with the

(f) The qualified individual is not responsible for (1) National Oil and Hazardous Substances Pollution Contingency
Plan (NCP) (40 CFR part 300) and the Area Contingency Plan(s)
(1) The adequacy of response plans prepared by the owner or (ACP) in effect on the date 6 months prior to the submission date
operator; or of the response plan; or

(2) Contracting or obligating funds for response resources beyond (2) More recent NCP and ACP(s).
the full authority contained in their designation from the owner or
operator of the vessel. (i) Copies of the submitted and approved response plan must be
available as follows:
(g) The liability of a qualified individual is considered to be in
accordance with the provisions of 33 U.S.C. 1321(c)(4). (1) The vessel owner or operator must ensure that they maintain
one English language copy of the VRP, at a minimum the
155.1030 General Response Plan Requirements. contents listed in paragraphs (c)(1), (c)(2), (c)(3), (c)(5), (c)(6),
(a) The plan must cover all geographic areas of the United States (c)(7), (c)(10) and (c)(11) of this section and a copy of the Coast
in which the vessel intends to handle, store, or transport oil, Guard approval letter, onboard the vessel. In lieu of paper format,
including port areas and offshore transit areas. the vessel owner or operator may keep an electronic copy of the
VRP and approval letter onboard the vessel. If applicable,
(b) The plan must be written in English and, if applicable, in a additional copies of the required VRP sections must be in the
language that is understood by the crew members with language understood by crew members with responsibilities
responsibilities under the plan. under the VRP and maintained onboard the vessel.

(c) A vessel response plan must be divided into the following (2) The owner or operator of all unmanned tank barges shall
sections: ensure that one English language copy of the plan section listed
in paragraph (c)(9) of this section and the Coast Guard approval
(1) General information and introduction. letter is maintained aboard the barge. An electronic copy of the
VRP is authorized.
(2) Notification procedures.
(3) The vessel owner or operator must maintain a current copy of
(3) Shipboard spill mitigation procedures. the entire plan, and ensure that each person identified as a
qualified individual and alternate qualified individual in the plan
(4) Shore-based response activities. has a current copy of the entire plan. An electronic copy of the
VRP is authorized.
(5) List of contacts.
(j) If an owner or operator of a United States flag vessel informs
(6) Training procedures. the Coast Guard in writing at the time of the plan submission
according to the procedures of 155.1065, the owner or operator
(7) Exercise procedures. may address the provisions of Regulation 37 of MARPOL 73/78 if
the owner or operator

402
(1) Develops a vessel response plan under 155.1030 and vessel's owner or operator on a 24-hour basis;
155.1035, 155.1040, or 155.1045, as applicable;
(3) A list of the COTP zones in which the vessel intends to handle,
(2) Expands the plan to cover discharges of all oils defined under store, or transport oil;
MARPOL, including fuel oil (bunker) carried on board. The owner
or operator is not required to include these additional oils in (4) A table of contents or index of sufficient detail to permit
calculating the planning volumes that are used to determine the personnel with responsibilities under the response plan to locate
quantity of response resources that the owner or operator must the specific sections of the plan; and
ensure through contract or other approved means;
(5) A record of change(s) page to record information on plan
(3) Provides the information on authorities or persons to be reviews, updates or revisions.
contacted in the event of an oil pollution incident as required by
Regulation 37 of MARPOL 73/78. This information must include (b) Notification procedures. This section of the response plan
must include the following notification information:
(i) An appendix containing coastal State contacts for those coastal
States the exclusive economic zone of which the vessel regularly (1) A checklist with all notifications, including telephone or other
transits. The appendix should list those agencies or officials of contact numbers, in order of priority to be made by shipboard or
administrations responsible for receiving and processing pollution shore-based personnel and the information required for those
incident reports; and notifications. Notifications must include those required by

(ii) An appendix of port contacts for those ports at which the (i) MARPOL 73/78 and 33 CFR part 153; and
vessel regularly calls; and
(ii) Any applicable State.
(4) Expands the plan to include the procedures and point of
contact on the ship for coordinating shipboard activities with (2) Identification of the person(s) to be notified of a discharge or
national and local authorities in combating an oil spill incident. substantial threat of a discharge of oil. If the notifications vary due
The plan should address the need to contact the coastal State to to vessel location, the persons to be notified also must be
advise them of action(s) being implemented and determine what identified in a geographic-specific appendix. This section must
authorization(s), if any, are needed. separately identify

(5) Provides a cross reference section to identify the location of (i) The individual(s) or organization(s) to be notified by shipboard
the information required by 155.1030(j). personnel; and

(k) A vessel carrying oil as a secondary cargo may comply with (ii) The individual(s) or organization(s) to be notified by shore-
the requirements of 155.1045 by having a response plan based personnel.
approved under Regulation 37 of MARPOL 73/78 with the
addition of the following (3) The procedures for notifying the qualified individual(s)
designated by the vessel's owner or operator.
(1) Identification of the qualified individual and alternate that
meets the requirements of 155.1026; (4) Descriptions of the primary and, if available, secondary
communications methods by which the notifications will be made
(2) A geographic specific appendix meeting the requirements of that should be consistent with the regulations in 155.1035(b)(1).
155.1045(i), including the identification of a contracted oil spill
removal organization; (5) The information that is to be provided in the initial and any
follow up notifications required by paragraph (b)(1) of this section.
(3) Identification of a spill management team;
(i) The initial notification may be submitted in accordance with
(4) An appendix containing the training procedures required by IMO Resolution A648(16) General Principles for Ship Reporting
155.1045(f); and Systems and Ship Reporting Requirements which is available at
Coast Guard Headquarters. Contact Commandant (CG-OES),
(5) An appendix containing the exercise procedures required by Attn: Office of Operating and Environmental Standards, U.S.
155.1045(g). Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7509. It must include at least the following
(l) For plans submitted prior to the effective date of this final rule, information:
the owner or operator of each vessel may elect to comply with
any or all of the provisions of this final rule by amending or (A) Vessel name, country of registry, call sign, and official number
revising the appropriate section of the previously submitted plan. (if any);

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG- (B) Date and time of the incident;
2008-0179, 73 FR 35015, June 19, 2008; USCG-2008-1070, 78
FR 60122, Sept. 30, 2013; USCG-2014-0410, 79 FR 38436, July (C) Location of the incident;
7, 2014]
(D) Course, speed, and intended track of vessel;
155.1035 Response Plan Requirements For Manned Vessels
Carrying Oil As A Primary Cargo. (E) Radio station(s) and frequencies guarded;
(a) General information and introduction. This section of the
response plan must include (F) Date and time of next report;

(1) The vessel's name, country of registry, call sign, official (G) Type and quantity of oil on board;
number, and International Maritime Organization (IMO)
international number (if applicable). If the plan covers multiple (H) Nature and detail of defects, deficiencies, and damage (e.g.
vessels, this information must be provided for each vessel; grounding, collision, hull failure, etc.);

(2) The name, address, and procedures for contacting the (I) Details of pollution, including estimate of oil discharged or

403
threat of discharge; (5) The procedures for ship-to-ship transfers of cargo in an
emergency:
(J) Weather and sea conditions on scene;
(i) The format and content of the ship-to-ship transfer procedures
(K) Ship size and type; must be consistent with the Ship to Ship Transfer Guide
(Petroleum) (incorporated by reference; see 155.140) published
(L) Actions taken or planned by persons on scene; jointly by the International Chamber of Shipping and the Oil
Companies International Marine Forum (OCIMF).
(M) Current conditions of the vessel; and
(ii) The procedures must identify the response resources
(N) Number of crew and details of injuries, if any. necessary to carry out the transfers, including

(ii) After the transmission of the initial notification, as much as (A) Fendering equipment (ship-to-ship only);
possible of the information essential for the protection of the
marine environment as is appropriate to the incident must be (B) Transfer hoses and connection equipment;
reported to the appropriate on-scene coordinator in a follow-up
report. This information must include (C) Portable pumps and ancillary equipment;

(A) Additional details on the type of cargo on board; (D) Lightering and mooring masters (ship-to-ship only); and

(B) Additional details on the condition of the vessel and ability to (E) Vessel and barge brokers (ship-to-ship only).
transfer cargo, ballast, and fuel;
(iii) Reference can be made to a separate oil transfer procedure
(C) Additional details on the quantity, extent and movement of the and lightering plan carried aboard the vessel, provided that safety
pollution and whether the discharge is continuing; considerations are summarized in the response plan.

(D) Any changes in the on-scene weather or sea conditions; and (iv) The location of all equipment and fittings, if any, carried
aboard the vessel to perform such transfers must be identified;
(E) Actions being taken with regard to the discharge and the
movement of the ship. (6) The procedures and arrangements for emergency towing,
including the rigging and operation of any emergency towing
(6) Identification of the person(s) to be notified of a vessel equipment, including that required by subpart B of this part,
casualty potentially affecting the seaworthiness of a vessel and aboard the vessel;
the information to be provided by the vessel's crew to shore-
based personnel to facilitate the assessment of damage stability (7) The location, crew responsibilities, and procedures for use of
and stress. shipboard equipment which may be carried to mitigate an oil
discharge;
(c) Shipboard spill mitigation procedures. This section of the
response plan must include (8) The crew responsibilities, if any, for recordkeeping and
sampling of spilled oil. Any requirements for sampling must
(1) Procedures for the crew to mitigate or prevent any discharge address safety procedures to be followed by the crew;
or a substantial threat of such discharge of oil resulting from
shipboard operational activities associated with internal or (9) The crew's responsibilities, if any, to initiate a response and
external cargo transfers. Responsibilities of vessel personnel supervise shore-based response resources;
should be identified by job title. These procedures must address
personnel actions in the event of a (10) Damage stability and hull stress considerations when
performing shipboard mitigation measures. This section must
(i) Transfer system leak; identify and describe

(ii) Tank overflow; or (i) Activities in which the crew is trained and qualified to execute
absent shore-based support or advice; and
(iii) Suspected cargo tank or hull leak;
(ii) The information to be collected by the vessel's crew to
(2) Procedures in the order of priority for the crew to mitigate or facilitate shore-based assistance; and
prevent any discharge or a substantial threat of such a discharge
in the event of the following casualties or emergencies: (11)(i) Location of vessel plans necessary to perform salvage,
stability, and hull stress assessments. A copy of these plans must
(i) Grounding or stranding. be maintained ashore by either the vessel owner or operator or
the vessel's recognized classification society unless the vessel
(ii) Collision. has prearranged for a shore-based damage stability and residual
strength calculation program with the vessel's baseline strength
(iii) Explosion or fire, or both. and stability characteristics pre-entered. The response plan must
indicate the shore location and 24-hour access procedures of the
(iv) Hull failure. calculation program or the following plans:

(v) Excessive list. (A) General arrangement plan.

(vi) Equipment failure (e.g. main propulsion, steering gear, etc.); (B) Midship section plan.

(3) Procedures for the crew to deploy discharge removal (C) Lines plan or table of offsets.
equipment as required under subpart B of this part;
(D) Tank tables.
(4) The procedures for internal transfers of cargo in an emergency;
(E) Load line assignment.

404
(F) Light ship characteristics. for activating that organization to provide:

(ii) The plan must identify the shore location and 24-hour access (i) The required emergency lightering required by 155.1050(j),
procedures for the computerized, shore-based damage stability 155.1052(g), 155.1230(g), or 155.2230(g), as applicable to
and residual structural strength calculation programs required by the type of service of the vessel; and
155.240.
(ii) The required salvage and firefighting required by 155.1050(j),
(d) Shore-based response activities. This section of the 155.1052(e), 155.1230(e), and 155.2230(e), as applicable to
response plan must include the following information: the type of service of the vessel.

(1) The qualified individual's responsibilities and authority, (7) Person(s) to notify for activation of the spill management team
including immediate communication with the Federal on-scene for the spill response scenarios identified in paragraph (i)(5) of
coordinator and notification of the oil spill removal organization(s) this section for the vessel's area of operation.
identified in the plan.
(f) Training procedures. This section of the response plan must
(2) If applicable, procedures for transferring responsibility for address the training procedures and programs of the vessel
direction of response activities from vessel personnel to the owner or operator to meet the requirements in 155.1055.
shore-based spill management team.
(g) Exercise procedures. This section of the response plan must
(3) The procedures for coordinating the actions of the vessel address the exercise program to be carried out by the vessel
owner or operator or qualified individual with the predesignated owner or operator to meet the requirements in 155.1060.
Federal on-scene coordinator responsible for overseeing or
directing those actions. (h) Plan review, update, revision, amendment, and appeal
procedure. This section of the response plan must address
(4) The organizational structure that will be used to manage the
response actions. This structure must include the following (1) The procedures to be followed by the vessel owner or operator
functional areas and must further include information for key to meet the requirements of 155.1070; and
components within each functional area:
(2) The procedures to be followed for any post-discharge review
(i) Command and control; of the plan to evaluate and validate its effectiveness.

(ii) Public information; (i) Geographic-specific appendices for each COTP zone in
which a vessel operates. A geographic-specific appendix must
(iii) Safety; be included for each COTP zone identified. The appendices must
include the following information or identify the location of such
(iv) Liaison with government agencies; information within the plan:

(v) Spill response operations; (1) A list of the geographic areas (port areas, rivers and canals,
Great Lakes, inland, nearshore, offshore, and open ocean areas)
(vi) Planning; in which the vessel intends to handle, store, or transport oil within
the applicable COTP zone.
(vii) Logistics support; and
(2) The volume and group of oil on which the required level of
(viii) Finance. response resources are calculated.

(5) The responsibilities of, duties of, and functional job (3) Required Federal or State notifications applicable to the
descriptions for each oil spill management team position within geographic areas in which a vessel operates.
the organizational structure identified in paragraph (d)(4) of this
section. (4) Identification of the qualified individuals.

(e) List of contacts. The name, location, and 24-hour contact (5) Identification of the oil spill removal organization(s) that are
information for the following key individuals and organizations identified and ensured available, through contract or other
must be included in this section of the response plan or, if more approved means, and the spill management team to respond to
appropriate, in a geographic-specific appendix and referenced in the following spill scenarios:
this section of the response plan:
(i) Average most probable discharge.
(1) Vessel owner or operator.
(ii) Maximum most probable discharge.
(2) Qualified individual and alternate qualified individual for the
vessel's area of operation. (iii) Worst case discharge.

(3) Applicable insurance provider, representative, or surveyor for (6) The organization(s) identified to meet the requirements of
the vessel's area of operation. paragraph (i)(5) of this section must be capable of providing the
equipment and supplies necessary to meet the requirements of
(4) The vessel's local agent(s) for the vessel's area of operation or 155.1050, 155.1052, 155.1230, and 155.2230, as appropriate,
a reference to the 24-hour point of contact as listed on the and sources of trained personnel to continue operation of the
vessel's notice of arrival. equipment and staff the oil spill removal organization(s) and spill
management team identified for the first 7 days of the response.
(5) Person(s) within the oil spill removal organization to notify for
activation of that oil spill removal organization for the three spill (7) The appendix must list the response resources and related
scenarios identified in paragraph (i)(5) of this section for the information required under 155.1050, 155.1052, 155.1230,
vessel's area of operation. 155.2230, and Appendix B of this part, as appropriate.

(6) Person(s) within the identified response organization to notify (8) If an oil spill removal organization(s) has been evaluated by

405
the Coast Guard and their capability has been determined to (5) General arrangement plan (can be maintained separately
equal or exceed the response capability needed by the vessel, aboard the vessel providing the response plan identifies the
the appendix may identify only the organization and their location).
applicable classification and not the information required in
paragraph (i)(7) of this section. (6) Midships section plan (can be maintained separately aboard
the vessel providing the response plan identifies the location).
(9) For vessels that handle, store, or transport Group I through
Group V petroleum oils, the appendix must also separately list the (7) Cargo and fuel piping diagrams and pumping plan, as
resource providers identified to provide the salvage, vessel applicable (can be maintained separately aboard the vessel
firefighting, and lightering capabilities required in this subpart. providing the response plan identifies the location).

(10) For vessels that handle, store, or transport Group II through (8) Damage stability data (can be maintained separately providing
Group IV petroleum oils, and that operate in waters where the response plan identifies the location).
dispersant use pre-authorization agreements exist, the appendix
must also separately list the resource providers and specific (9) Location of cargo and fuel stowage plan for vessel (normally
resources, including appropriately trained dispersant-application maintained separately aboard the vessel).
personnel, necessary to provide, if appropriate, the dispersant
capabilities required in this subpart. All resource providers and (10) Location of information on the name, description, physical
resources must be available by contract or other approved means. and chemical characteristics, health and safety hazards, and spill
The dispersant resources to be listed within this section must and firefighting procedures for the oil cargo aboard the vessel. A
include the following: material safety data sheet meeting the requirements of 29 CFR
1910.1200, SOLAS 74 regulation VI/5-1, cargo information
(i) Identification of each primary dispersant staging site to be used required by 33 CFR 154.310, or equivalent will meet this
by each dispersant-application platform to meet the requirements requirement. This information can be maintained separately.
of 155.1050(k) of this chapter;
[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD
(ii) Identification of the platform type, resource provider, location, 96-026, 61 FR 33666, June 28, 1996; USCG-2005-21531, 70 FR
and dispersant payload for each dispersant-application platform 36349, June 23, 2005; USCG-2008-0179, 73 FR 35015, June 19,
identified. Location data must identify the distance between the 2008; USCG-2001-8661, 74 FR 45027, Aug. 31, 2009; USCG-
platform's home base and the identified primary dispersant- 2010-0351, 75 FR 36285, June 25, 2010; USCG-2008-1070, 78
staging site(s) for this section. FR 60122, Sept. 30, 2013; USCG-2014-0410, 79 FR 38436, July
7, 2014]
(iii) For each unit of dispersant stockpile required to support the
effective daily application capacity (EDAC) of each dispersant- 155.1040 Response Plan Requirements For Unmanned Tank
application platform necessary to sustain each intended response Barges Carrying Oil As A Primary Cargo.
tier of operation, identify the dispersant product resource provider, (a) General information and introduction. This section of the
location, and volume. Location data must include the distance response plan must include
from the stockpile to the primary staging sites where the stockpile
would be loaded onto the corresponding platforms. If an oil spill (1) A list of tank barges covered by the plan, which must include
removal organization has been evaluated by the Coast Guard and the country of registry, call sign, IMO international numbers (if
its capability has been determined to meet the response capability applicable), and official numbers of the listed tank barges;
needed by the owner or operator, the section may identify the oil
spill removal organization only, and not the information required in (2) The name, address, and procedures for contacting the barge's
paragraphs (i)(10)(i) through (i)(10)(iii) of this section. owner or operator on a 24-hour basis;

(11) The appendix must also separately list the resource (3) A list of the COTP zones in which the tank barges covered by
providers and specific resources necessary to provide oil-tracking the plan intend to handle, store, or transport oil;
capabilities required in this subpart. The oil tracking resources to
be listed within this section must include the following: (4) A table of contents or index of sufficient detail to permit
personnel with responsibilities under the response plan to locate
(i) The identification of a resource provider; and the specific sections of the plan; and

(ii) The type and location of aerial surveillance aircraft that have (5) A record of change(s) page used to record information on plan
been ensured available, through contract or other approved reviews, updates or revisions.
means, to meet the oil tracking requirements of 155.1050(l) of
this chapter. (b) Notification procedures. This section of the response plan
must include the following notification information:
(j) Appendices for vessel-specific information. This section
must include for each vessel covered by the plan the following (1) A checklist with all notifications. The checklist must include
information: notifications required by MARPOL 73/78, 33 CFR part 153, and
any applicable State, including telephone or other contact
(1) List of the vessel's principal characteristics. numbers, in the order of priority and the information required for
those notifications to be made by the
(2) Capacities of all cargo, fuel, lube oil, ballast, and fresh water
tanks. (i) Towing vessel;

(3) The total volume and cargo groups of oil cargo that would be (ii) Vessel owner or operator; or
involved in the
(iii) Qualified individual.
(i) Maximum most probable discharge; and
(2) Identification of the person(s) to be notified of a discharge or
(ii) Worst case discharge. substantial threat of a discharge of oil. If the notifications vary due
to the location of the barge, the persons to be notified also must
(4) Diagrams showing location of all tanks.

406
be identified in a geographic-specific appendix. This section must movement of the vessel.
separately identify
(6) Identification of the person(s) to be notified of a vessel
(i) The individual(s) or organization(s) to be notified by the towing casualty potentially affecting the seaworthiness of a vessel and
vessel; and the information to be provided by the towing vessel personnel or
tankermen, as applicable, to shore-based personnel to facilitate
(ii) The individual(s) or organization(s) to be notified by shore- the assessment of damage stability and stress.
based personnel.
(c) Shipboard spill mitigation procedures. This section of the
(3) The procedures for notifying the qualified individuals response plan must include
designated by the barge's owner or operator.
(1) Procedures to be followed by the tankerman, as defined in 46
(4) Identification of the primary and, if available, secondary CFR 35.35-1, to mitigate or prevent any discharge or a substantial
communications methods by which the notifications will be made, threat of such a discharge of oil resulting from operational
consistent with the requirements of paragraph (b)(1) of this activities and casualties. These procedures must address
section. personnel actions in the event of a

(5) The information that is to be provided in the initial and any (i) Transfer system leak;
follow-up notifications required by paragraph (b)(1) of this section.
(ii) Tank overflow; or
(i) The initial notification information must include at least the
following information: (iii) Suspected cargo tank or hull leak;

(A) Towing vessel name (if applicable); (2) Procedures in the order of priority for the towing vessel or
barge owner or operator to mitigate or prevent any discharge or a
(B) Tank barge name, country of registry, and official number; substantial threat of such a discharge of oil in the event of the
following casualties or emergencies:
(C) Date and time of the incident;
(i) Grounding or stranding;
(D) Location of the incident;
(ii) Collision;
(E) Course, speed, and intended track of towing vessel (if
applicable); (iii) Explosion or fire, or both;

(F) Radio station(s) frequencies guarded by towing vessel (if (iv) Hull failure;
applicable);
(v) Excessive list; and
(G) Date and time of next report;
(3) Procedures for tankermen or towing vessel crew to employ
(H) Type and quantity of oil on board; discharge removal equipment required by subpart B of this part;

(I) Nature and details of defects, deficiencies, and damage (e.g., (4) The procedures for the internal transfer of cargo in an
grounding, collision, hull failure, etc.); emergency;

(J) Details of pollution, including estimate of oil discharged or (5) The procedures for ship-to-ship transfers of cargo in an
threat of discharge; emergency:

(K) Weather and sea conditions on scene; (i) The procedures must identify the response resources
necessary to carry out the transfers, including
(L) Barge size and type;
(A) Fendering equipment (ship-to-ship only);
(M) Actions taken or planned by persons on scene;
(B) Transfer hoses and connection equipment;
(N) Current condition of the barge; and
(C) Portable pumps and ancillary equipment; and
(O) Details of injuries, if any.
(D) Lightering vessels (ship-to-ship only).
(ii) After the transmission of the initial notification, as much as
possible of the information essential for the protection of the (ii) Reference can be made to separate oil transfer procedures or
marine environment as is appropriate to the incident must be a lightering plan provided that safety considerations are
reported to the appropriate on-scene coordinator in a follow-up summarized in the response plan.
report. This information must include
(iii) The location of all equipment and fittings, if any, to perform
(A) Additional detail on the type of cargo on board; such transfers must be identified;

(B) Additional details on the condition of the barge and ability to (6) The procedures and arrangements for emergency towing,
transfer cargo, ballast, and fuel; including the rigging and operation of any emergency towing
equipment, including that required by subpart B of this part
(C) Additional details on the quantity, extent and movement of the aboard the barge;
pollution and whether the discharge is continuing;
(7) The location and procedures for use of equipment stowed
(D) Any changes in the on-scene weather or sea conditions; and aboard either the barge or towing vessel to mitigate an oil
discharge;
(E) Actions being taken with regard to the discharge and the

407
(8) The responsibilities of the towing vessel crew and facility or (viii) Finance.
fleeting area personnel, if any, to initiate a response and
supervise shore-based response resources; (5) The responsibilities of, duties of, and functional job
descriptions for each oil spill management team position within
(9) Damage stability, if applicable, and hull stress considerations the organizational structure identified in paragraph (d)(4) of this
when performing on board mitigation measures. This section must section.
identify and describe
(e) List of contacts. The name, location, and 24-hour contact
(i) Activities in which the towing vessel crew or tankerman is information for the following key individuals and organizations
trained and qualified to execute absent shore-based support or must be included in this section or, if more appropriate, in a
advice; geographic-specific appendix and referenced in this section:

(ii) The individuals who shall be notified of a casualty potentially (1) Barge owner or operator.
affecting the seaworthiness of the barge; and
(2) Qualified individual and alternate qualified individual for the
(iii) The information that must be provided by the towing vessel to tank barge's area of operation.
facilitate the assessment of damage stability and stress; and
(3) Applicable insurance representatives or surveyors for the
(10)(i) Location of barge plans necessary to perform salvage, barge's area(s) of operation.
stability, and hull stress assessments. A copy of these barge
plans must be maintained ashore by either the barge owner or (4) Person(s) within the oil spill removal organization to notify for
operator or the vessel's recognized classification society. The activation of that oil spill removal organization for the spill
response plan must indicate the shore location and 24-hour scenarios identified in paragraph (j)(5) of this section for the
access procedures of the following plans: barges's area(s) of operation.

(A) General arrangement plan. (5) Person(s) within the identified response organization to notify
for activating that organization to provide:
(B) Midship section plan.
(i) The required emergency lightering required by 155.1050(j),
(C) Lines plan or table of offsets, as available. 155.1052(g), 155.1230(g), and 155.2230(g), as applicable to the
type of service of the barge(s); and
(D) Tank tables; and
(ii) The required salvage and fire fighting required by
(ii) Plans for offshore oil barges must identify the shore location 155.1050(j), 155.1052(e), 155.1230(e), and 155.2230(e), as
and 24-hour access procedures for the computerized shore- applicable to the type of service of the barge(s).
based damage stability and residual structural strength calculation
programs required by 155.240. (6) Person(s) to notify for activation of the spill management team
for the spill response scenarios identified in paragraph (j)(5) of
(d) Shore-based response activities. This section of the this section for the vessel's area of operation.
response plan must include the following information:
(f) Training procedures. This section of the response plan must
(1) The qualified individual's responsibilities and authority, address the training procedures and programs of the barge owner
including immediate communication with the Federal on-scene or operator to meet the requirements in 155.1055.
coordinator and notification of the oil spill removal organization(s)
identified in the plan. (g) Exercise procedures. This section of the response plan must
address the exercise program carried out by the barge owner or
(2) If applicable, procedures for transferring responsibility for operator to meet the requirements in 155.1060.
direction of response activities from towing vessel personnel or
tankermen to the shore-based spill management team. (h) Plan review, update, revisions amendment, and appeal
procedure. This section of the response plan must address
(3) The procedures for coordinating the actions of the barge
owner or operator of qualified individual with the action of the (1) The procedures to be followed by the barge owner or operator
predesignated Federal on-scene coordinator responsible for to meet the requirements of 155.1070; and
overseeing or directing those actions.
(2) The procedures to be followed for any post-discharge review
(4) The organizational structure that will manage the barge owner of the plan to evaluate and validate its effectiveness.
or operator's response actions. This structure must include the
following functional areas and must further include information for (i) On board notification checklist and emergency procedures.
key components within each functional area: This portion of the response plan must be maintained in the
documentation container aboard the unmanned barge. The owner
(i) Command and control; or operator of an unmanned tank barge subject to this section
shall provide the personnel of the towing vessel, fleeting area, or
(ii) Public information; facility that the barge may be moored at with the information
required by this paragraph and the responsibilities that the plan
(iii) Safety; indicates will be carried out by these personnel. The on board
notification checklist and emergency procedures must include
(iv) Liaison with government agencies;
(1) The toll-free number of the National Response Center;
(v) Spill response operations;
(2) The name and procedures for contacting a primary qualified
(vi) Planning; individual and at least one alternate on a 24-hour basis;

(vii) Logistics support; and (3) The name, address, and procedure for contacting the vessel's
owner or operator on a 24-hour basis;

408
(4) The list of information to be provided in the notification by the (ii) Identification of the type, resource provider, location, and
reporting personnel; dispersant payload for each dispersant-application platform
identified and ensured available. Location data must identify the
(5) A statement of responsibilities of and actions to be taken by distance between the platform's home base and the identified
reporting personnel after an oil discharge or substantial threat of primary dispersant staging sites for this section; and,
such discharge; and
(iii) For each unit of dispersant stockpile required to support the
(6) The information contained in paragraph (c)(1) of this section. effective daily application capacity (EDAC) of each dispersant-
application platform necessary to sustain each intended response
(j) Geographic-specific appendices for each COTP zone in tier of operation, identification of the dispersant product resource
which a tank barge operates. A geographic-specific appendix provider, location, and volume. Location data must include the
must be included for each COTP zone identified. The appendices stockpile's distance to the primary staging sites where it will be
must include the following information or identify the location of loaded onto the corresponding platforms. If an oil spill removal
such information within the plan: organization has been evaluated by the Coast Guard and its
capability has been determined to equal or exceed the response
(1) A list of the geographic areas (port areas, rivers and canals, capability needed by the owner or operator, the appendix may
Great Lakes, inland, nearshore, offshore, and open ocean areas) identify only the oil spill removal organization, and not the
in which the barge intends to handle, store, or transport oil within information required in paragraphs (j)(10)(i) through (j)(10)(iii) of
the applicable COTP zone. this section.

(2) The volume and group of oil on which the required level of (11) The appendix must include a separate listing of the resource
response resources are calculated. providers and specific resources necessary to provide oil-tracking
capabilities required in this subpart. The oil tracking resources
(3) Required Federal or State notifications applicable to the listed within this section must include:
geographic areas in which the barge operates.
(i) The identification of a resource provider; and,
(4) Identification of the qualified individuals.
(ii) The type and location of aerial surveillance aircraft that have
(5) Identification of the oil spill removal organization(s) that are been ensured available, through contract or other approved
identified and ensured available, through contract or other means, to meet the oil tracking requirements of 155.1050(l) of
approved means and the spill management team to provide the this chapter.
response resources necessary to respond to the following spill
scenarios: (k) Appendices for barge-specific information. Because many
of the tank barges covered by a response plan may be of the
(i) An average most probable discharge. same design, this information does not need to be repeated
provided the plan identifies the tank barges to which the same
(ii) A maximum most probable discharge. information would apply. The information must be part of the
response plan unless specifically noted. This section must include
(iii) A worst case discharge to the maximum extent practicable. for each barge covered by the plan the following information:

(6) The organization(s) identified to meet the provisions of (1) List of the principal characteristics of the vessel.
paragraph (j)(5) of this section must be capable of providing the
equipment and supplies necessary to meet the provisions of (2) Capacities of all cargo, fuel, lube oil, and ballast tanks.
155.1050, 155.1052, 155.1230, and 155.2230, as appropriate,
and sources of trained personnel to continue operation of the (3) The total volumes and cargo group(s) of oil cargo that would
equipment and staff the oil spill removal organization(s) and spill be involved in the
management team identified for the first seven days of the
response. (i) Maximum most probable discharge; and

(7) The appendix must list the response resources and related (ii) Worst case discharge.
information required under 155.1050, 155.1052, 155.1230,
155.2230, and Appendix B of this part, as appropriate. (4) Diagrams showing location of all tanks aboard the barge.

(8) If the oil spill removal organization(s) providing the necessary (5) General arrangement plan (can be maintained separately
response resources has been evaluated by the Coast Guard and providing that the location is identified).
their capability has been determined to equal or exceed the
response capability needed by the vessel, the appendix may (6) Midships section plan (can be maintained separately providing
identify only the organization and their applicable classification that the location is identified).
and not the information required in paragraph (j)(7) of this section.
(7) Cargo and fuel piping diagrams and pumping plan, as
(9) The appendix must include a separate listing of the resource applicable (can be maintained separately providing that the
providers identified to provide the salvage, vessel firefighting, and location is identified).
lightering capabilities required in this subpart.
(8) Damage stability data, if applicable.
(10) The appendix must include a separate listing of the resource
providers and specific resources necessary to provide, if (9) Location of cargo and fuel stowage plan for barge(s) (normally
appropriate, the dispersant capabilities required in this subpart. maintained separately).
The dispersant resources to be listed within this section must
include: (10) Location of information on the name, description, physical
and chemical characteristics, health and safety hazards, and spill
(i) Identification of a primary dispersant-staging site or sites to be and firefighting procedures for the oil cargo aboard the barge. A
used by each dispersant-application platform that is ensured material safety data sheet meeting the requirements of 29 CFR
available, through contract or other approved means, to meet the 1910.1200, SOLAS 74 regulation VI/5-1, cargo information
requirements of 155.1050(k); required by 33 CFR 154.310, or equivalent will meet this

409
requirement. This information can be maintained separately. section.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG- (5) The information that is to be provided in the initial and any
2001-8661, 74 FR 45027, Aug. 31, 2009; USCG-2010-0351, 75 follow-up notifications required by paragraph (b)(1) of this section.
FR 36285, June 25, 2010]
(i) The initial notification may be submitted in accordance with
155.1045 Response Plan Requirements For Vessels IMO Resolution A648(16) General Principles for Ship Reporting
Carrying Oil As A Secondary Cargo. Systems and Ship Reporting Requirements. It must include at
(a) General information and introduction. This section of the least the following information:
response plan must include
(A) Vessel name, country of registry, call sign, IMO international
(1) The vessel's name, country of registry, call sign, official number (if applicable), and official number (if any);
number, and IMO international number (if applicable). If the plan
covers multiple vessels, this information must be provided for (B) Date and time of the incident;
each vessel;
(C) Location of the incident;
(2) The name, address, and procedures for contacting the
vessel's owner or operator on a 24-hour basis; (D) Course, speed, and intended track of vessel;

(3) A list of COTP zones in which the vessel intends to handle, (E) Radio station(s) and frequencies guarded;
store, or transport oil;
(F) Date and time of next report;
(4) A table of contents or index of sufficient detail to permit
personnel with responsibilities under the response plan to locate (G) Type and quantity of oil on board;
the specific sections of the plan; and
(H) Nature and detail of defects, deficiencies, and damage (e.g.,
(5) A record of change(s) page used to record information on plan grounding, collision, hull failure, etc.);
updates or revisions.
(I) Details of pollution, including estimate of oil discharged or
(6) As required in paragraph (c) of this section, the vessel owner threat of discharge;
or operator must list in his or her plan the total volume of oil
carried in bulk as cargo. (J) Weather and sea conditions on scene;

(i) For vessels that transfer a portion of their fuel as cargo, 25 (K) Ship size and type;
percent of the fuel capacity of the vessel plus the capacity of any
oil cargo tank(s) will be assumed to be the cargo volume for (L) Actions taken or planned by persons on scene;
determining applicable response plan requirements unless the
vessel owner or operator indicates otherwise. (M) Current conditions of the vessel; and

(ii) A vessel owner or operator can use a volume less than 25 (N) Number of crew and details of injuries, if any.
percent if he or she submits historical data with the plan that
substantiates the transfer of a lower percentage of its fuel (ii) After the transmission of the initial notification, as much as
capacity between refuelings. possible of the information essential for the protection of the
marine environment as is appropriate to the incident must be
(b) Notification procedures. This section of the response plan reported to the appropriate on-scene coordinator in a follow-up
must include the following notification information: report. This information must include

(1) A checklist with all notifications, including telephone or other (A) Additional details on the type of cargo on board;
contact numbers, in the order of priority to be made by shipboard
or shore-based personnel and the information required for those (B) Additional details on the condition of the vessel and ability to
notifications. Notifications must include those required by transfer cargo, ballast, and fuel;

(i) MARPOL 73/78 and 33 CFR part 153; and (C) Additional details on the quantity, extent and movement of the
pollution and whether the discharge is continuing;
(ii) Any applicable State.
(D) Any changes in the on-scene weather or sea conditions; and
(2) Identification of the person(s) to be notified of a discharge or
substantial threat of discharge of oil. If notifications vary due to (E) Actions being taken with regard to the discharge and the
vessel location, the person(s) to be notified also must be identified movement of the ship.
in a geographic-specific appendix. This section must separately
identify (c) Shipboard spill mitigation procedures. This section of the
response plan must identify the vessel's total volumes of oil
(i) The individual(s) or organization(s) to be notified by shipboard carried in bulk as cargo and meet the applicable requirements of
personnel; and this paragraph as in paragraph (a)(6) of this section.

(ii) The individual(s) or organization(s) to be notified by shore- (1) For vessels carrying 100 barrels or less of oil in bulk as cargo,
based personnel. the plan must include a basic emergency action checklist for
vessel personnel including notification and actions to be taken to
(3) The procedures for notifying the qualified individual and prevent or mitigate any discharge or substantial threat of such a
alternate qualified individual. discharge of oil from the vessel.

(4) Descriptions of the primary and, if available, secondary (2) For vessels carrying over 100 barrels of oil but not exceeding
communication methods by which the notifications will be made, 5,000 barrels of oil in bulk as cargo, the plan must include
consistent with the requirements in paragraph (b)(1) of this

410
(i) Detailed information on actions to be taken by vessel personnel (3) Vessel's local agent(s), if applicable, for the vessel's area of
to prevent or mitigate any discharge or substantial threat of such operation.
a discharge of oil from the vessel due to operational activities or
casualties; (4) Applicable insurance representatives or surveyors for the
vessel's area of operation.
(ii) Detailed information on damage control procedures to be
followed by vessel personnel; (5) Person(s) within the identified oil spill removal organization(s)
to notify for activation of the oil spill removal organization(s)
(iii) Detailed procedures for internal or external transfer of oil in identified under paragraph (i)(3) of this section for the vessel's
bulk as cargo in an emergency; and area of operation.

(iv) Procedures for use of any equipment carried aboard the (6) Person(s) to notify for activation of the spill management team.
vessel for spill mitigation.
(f) Training procedures.
(3) For vessels carrying over 5,000 barrels of oil as a secondary
cargo, the plan must provide the information required by (1) This section of the response plan must address the training
155.1035(c) for shipboard spill mitigation procedures. procedures and programs of the vessel owner or operator. The
vessel owner or operator shall ensure that
(4) For all vessels, the plan must include responsibilities and
actions to be taken by vessel personnel, if any, to initiate a (i) All personnel with responsibilities under the plan receive
response and supervise shore-based response resources. training in their assignments and refresher training as necessary,
and participate in exercises required under paragraph (g) of this
(d) Shore-based response activities. This section of the section. Documented work experience can be used instead of
response plan must include the following information: training; and

(1) The qualified individual's responsibilities and authority, (ii) Records of this training are maintained aboard the vessel, at
including immediate communication with the Federal on-scene the U.S. location of the spill management team, or with the
coordinator and notification of the oil spill removal organization(s) qualified individual. The plan must specify where the records are
identified in the plan. located.

(2) If applicable, procedures for transferring responsibility for (2) Nothing in this section relieves the vessel owner or operator
direction of response activities from vessel personnel to the from responsibility to ensure that all private shore-based response
shore-based spill management team. personnel are trained to meet the Occupational Safety and Health
Administration (OSHA) standards for emergency response
(3) The procedures for coordinating the actions of the vessel operations in 29 CFR 1910.120.
owner or operator with the actions of the predesignated Federal
on-scene coordinator responsible for overseeing or directing (g) Exercise procedures. This section of the response plan must
those actions. address the exercise program carried out by the vessel owner or
operator to evaluate the ability of vessel and shore-based
(4) The organizational structure that will be used to manage the personnel to perform their identified functions in the plan. The
response actions. This structure must include the following required exercise frequency for each category of vessel is as
functional areas and must further include information for key follows:
components within each functional area:
(1) For vessels carrying 100 barrels or less of oil as cargo
(i) Command and control;
(i) On board spill mitigation procedures and qualified individual
(ii) Public information; notification exercises must be conducted annually; and

(iii) Safety; (ii) Shore-based oil spill removal organization exercises must be
conducted biennially.
(iv) Liaison with government agencies;
(2) For vessels carrying over 100 barrels and up to 5,000 barrels
(v) Spill response operations; of oil in bulk as cargo

(vi) Planning; (i) On board emergency procedures and qualified individual


notification exercises must be conducted quarterly; and
(vii) Logistics support; and
(ii) Shore-based oil spill removal organization exercises must be
(viii) Finance. conducted annually.

(5) The responsibilities, duties, and functional job description for (3) Vessels carrying over 5,000 barrels of oil in bulk as cargo
each oil spill management team member within the organizational must meet the exercise requirement of 155.1060.
structure identified in paragraph (d)(4) of this section.
(h) Plan review, update, revision, amendment, and appeal
(e) List of contacts. The name, location, and 24-hour contact procedures. This section of the response plan must
information for the following key individuals or organizations must address
be included in this section or, if more appropriate, in a
geographic-specific appendix and referenced in this section: (1) The procedures to be followed by the vessel owner or operator
to meet the requirement of 155.1070; and
(1) Vessel owner or operator, and if applicable, charterer.
(2) The procedures to be followed for any post-discharge review
(2) Qualified individual and alternate qualified individual for the of the plan to evaluate and validate its effectiveness
vessel's area of operation.

411
(i) Geographic-specific appendices for each COTP zone in (2) Limitations that are identified in the Area Contingency Plans
which a vessel operates. A geographic-specific appendix must for the COTP zones in which the vessel operates, including-
be included for each COTP zone identified. The appendix must
include the following information or identify the location of such (2)(i) Ice conditions;
information within the plan:
(2)(ii) Debris;
(1) Required Federal or State notifications applicable to the
geographic areas in which a vessel operates. (2)(iii) Temperature ranges; and

(2) Identification of the qualified individuals. (2)(iv) Weather-related visibility.

(3) A list of the oil spill removal organization(s) and the spill (b) The COTP may reclassify a specific body of water or location
management team(s) available to respond to the vessel's worst within the COTP zone. Any reclassifications will be identified in
case oil discharge in each COTP zone in which a vessel operates. the applicable Area Contingency Plan. Reclassifications may be
The oil spill removal organization(s) identified must be capable of to-
commencing oil spill containment and on-water recovery within
the response times listed for Tier 1 in 155.1050(g); providing (1) A more stringent operating environment if the prevailing wave
temporary storage of recovered oil; and conducting shoreline conditions exceed the significant wave height criteria during more
protection and cleanup operations. An oil spill removal than 35 percent of the year; or
organization may not be identified in the plan unless the
organization has provided written consent to being identified in (2) A less stringent operating environment if the prevailing wave
the plan as an available resource. conditions do not exceed the significant wave height criteria for
the less stringent operating environment during more than 35
(j) Appendices for vessel-specific information. This section percent of the year.
must include for each vessel covered by the plan the
following information: (c) Response equipment must

(1) List of the vessel's principal characteristics (i.e., length, beam, (1) Meet or exceed the criteria listed in Table 1 of Appendix B of
gross tonnage, etc.). this part;

(2) Capacities of all cargo, fuel, lube oil, ballast, and fresh water (2) Be capable of functioning in the applicable operating
tanks. environment; and

(3) The total volume and cargo groups of oil cargo that would be (3) Be appropriate for the petroleum oil carried.
involved in the
(d) The owner or operator of a vessel that carries groups I through
(i) Maximum most probable discharge; and IV petroleum oil as a primary cargo shall identify in the response
plan and ensure the availability of, through contract or other
(ii) Worst case discharge. approved means, the response resources that will respond to a
discharge up to the vessel's average most probable discharge.
(4) Diagrams showing location of all tanks.
(1) For a vessel that carries groups I through IV petroleum oil as
(5) Cargo and fuel piping diagrams and pumping plan as its primary cargo, the response resources must include-
applicable. These diagrams and plans can be maintained
separately aboard the vessel providing the response plan (1)(i) Containment boom in a quantity equal to twice the length of
identifies the location. the largest vessel involved in the transfer and capable of being
deployed at the site of oil transfer operations-
(6) Location of information on the name, description, physical and
chemical characteristics, health and safety hazards, and spill and (1)(i)(A) Within 1 hour of detection of a spill, when the transfer is
firefighting procedures for the oil cargo aboard the vessel. A conducted between 0 and 12 miles from the nearest shoreline; or
material safety data sheet meeting the requirements of 29 CFR
1910.1200, SOLAS 74 regulation VI/5-1, cargo information (1)(i)(B) Within 1 hour plus travel time from the nearest shoreline,
required by 33 CFR 154.310, or the equivalent, will meet this based on an on-water speed of 5 knots, when the transfer is
requirement. This information can be maintained separately on conducted over 12 miles up to 200 miles from the nearest
board the vessel, providing the response plan identifies the shoreline; and
location.
(1)(ii) Oil recovery devices and recovered oil storage capacity
155.1050 Response Plan Development And Evaluation capable of being at the transfer site-
Criteria For Vessels Carrying Groups I Through IV Petroleum
Oil As A Primary Cargo. (1)(ii)(A) Within 2 hours of the detection of a spill during transfer
(a) The following criteria must be used to evaluate the operability operations, when the transfer is conducted between 0 and 12
of response resources identified in the response plan for the miles from the nearest shoreline; or
specified operating environment:
(1)(ii)(B) Within 1 hour plus travel time from the nearest shoreline,
(1) Table 1 of Appendix B of this part. based on an on-water speed of 5 knots, when the transfer is
conducted over 12 miles up to 200 miles from the nearest
(1)(i) The criteria in Table 1 of Appendix B of this part are to be shoreline.
used solely for identification of appropriate equipment in a
response plan. (2) For locations of multiple vessel transfer operations, a vessel
may identify the same equipment as identified by other vessels,
(1)(ii) These criteria reflect conditions used for planning purposes provided that each vessel has ensured access to the equipment
to select mechanical response equipment and are not conditions through contract or other approved means. Under these
that would limit response actions or affect normal vessel circumstances, prior approval by the Coast Guard is not required
operations.

412
for temporary changes in the contracted oil spill removal extent practicable.
organization under 155.1070(c)(5).
(6) When determining response resources necessary to meet the
(3) The owner or operator of a vessel conducting transfer requirements of this paragraph (f)(6), a portion of those resources
operations at a facility required to submit a response plan under must be capable of use in close-to-shore response activities in
33 CFR 154.1017 is required to plan for and identify the response shallow water. The following percentages of the response
resources required in paragraph (d)(1) of this section. However, equipment identified for the applicable geographic area must be
the owner or operator is not required to ensure by contract or capable of operating in waters of 6 feet or less depth:
other means the availability of such resources.
(6)(i) Open ocean-none.
(e) The owner or operator of a vessel carrying groups I through IV
petroleum oil as a primary cargo must identify in the response (6)(ii) Offshore-10 percent.
plan and ensure the availability of, through contract or other
approved means, the response resources necessary to respond (6)(iii) Nearshore, inland, Great Lakes, and rivers and canals-20
to a discharge up to the vessel's maximum most probable percent.
discharge volume.
(7) Response resources identified to meet the requirements of
(1) These resources must be positioned such that they can arrive paragraph (f)(6) of this section are exempt from the significant
at the scene of a discharge within- wave height planning requirements of Table 1 of Appendix B of
this part.
(1)(i) 12 hours of the discovery of a discharge in higher volume
port areas and the Great Lakes; (g) Response equipment identified to respond to a worst case
discharge must be capable of arriving on scene within the times
(1)(ii) 24 hours of the discovery of a discharge in all rivers and specified in this paragraph for the applicable response tier in a
canals, inland, nearshore and offshore areas; and higher volume port area, Great Lakes, and in other areas.
Response times for these tiers from the time of discovery of a
(1)(iii) 24 hours of the discovery of a discharge plus travel time discharge are-
from shore for open ocean areas.

(2) The necessary response resources include sufficient


containment boom, oil recovery devices, and storage capacity for
any recovery of up to the maximum most probable discharge
planning volume.

(3) The response plan must identify the storage location, make,
model, and effective daily recovery capacity of each oil recovery
device that is identified for plan credit.

(4) The response resources identified for responding to a


maximum most probable discharge must be positioned to be
capable of meeting the planned arrival times in this paragraph.
The COTP with jurisdiction over the area in which the vessel is
operating must be notified whenever the identified response (h) For the purposes of arranging for response resources through
resources are not capable of meeting the planned arrival times. contract or other approved means, response equipment identified
for Tier 1 plan credit must be capable of being mobilized and
(f) The owner or operator of a vessel carrying groups I through IV enroute to the scene of a discharge within 2 hours of notification.
petroleum oil as a primary cargo must identify in the response The notification procedures identified in the plan must provide for
plan and ensure the availability of, through contract or other notification and authorization for mobilization of identified Tier 1
approved means, the response resources necessary to respond
to discharges up to the worst case discharge volume of the oil response resources-
cargo to the maximum extent practicable.
(1) Either directly or through the qualified individual; and
(1) The location of these resources must be suitable to meet the
response times identified for the applicable geographic area(s) of (2) Within 30 minutes of a discovery of a discharge or substantial
operation and response tier. threat of discharge.

(2) The response resources must be appropriate for- (i) Response resources identified for Tier 2 and Tier 3 plan credit
must be capable of arriving on scene within the time listed for the
(2)(i) The capacity of the vessel; applicable tier.

(2)(ii) Group(s) of petroleum oil carried as cargo; and (j) Salvage (including lightering) and marine firefighting
requirements are found in subpart I of this part.
(2)(iii) The geographic area(s) of vessel operation.
(k) The owner or operator of a vessel carrying groups II through
(3) The resources must include sufficient boom, oil recovery IV petroleum oil as a primary cargo that operates in any inland,
devices, and storage capacity to recover the planning volumes. nearshore, or offshore area with pre-authorization for dispersant
use must identify in their response plan, and ensure availability
(4) The response plan must identify the storage location, make, through contract or other approved means, of response resources
model, and effective daily recovery capacity of each oil recovery capable of conducting dispersant operations within those areas.
device that is identified for plan credit.
(1) Dispersant response resources must be capable of
(5) The guidelines in Appendix B of this part must be used for commencing dispersant-application operations at the site of a
calculating the quantity of response resources required to discharge within 7 hours of the decision by the Federal On-Scene
respond at each tier to the worst case discharge to the maximum Coordinator to use dispersants.

413
(2) Dispersant response resources must include all of the within the Dispersant Mission Planner 2 must be documented by
following: presentation of independent evaluation materials (e.g., field tests
and reports of actual use).
(i) Sufficient dispersant capability for application as required by
paragraph (k)(3) of this section. Any dispersants identified in a (iii) Dispersant-application personnel trained in and capable of
response plan must be of a type listed on the National Oil and applying dispersants within the performance criteria in ASTM
Hazardous Substances Pollution Contingency Plan Product F1413-07 (incorporated by reference, see 155.140). The
Schedule (contained in 40 CFR part 300, and available online adequacy of dispersant-application systems not fully covered by
from the U.S. Government Printing Office). ASTM F1413-07, such as fire monitor-type applicators, must be
documented by presentation of independent evaluation materials
(ii) Dispersant-application platforms capable of delivering and (e.g., laboratory tests, field tests, and reports of actual use).
applying dispersant in the amounts required by paragraph (k)(3)
of this section. At least 50 percent of each effective daily (iv) Dispersant-application systems ensured to be available,
application capacity (EDAC) tier requirement must be achieved including trained personnel, that are capable of applying
through the use of fixed wing aircraft-based application platforms. dispersants in accordance with the recommended procedures in
The adequacy of dispersant-application platforms not detailed ASTM F1737-07 (incorporated by reference, see 155.140).

TABLE 155.1050(K)--TIERS FOR EFFECTIVE DAILY APPLICATION CAPABILITY


----------------------------------------------------------------------------------------------------------------------
Response Dispersant Dispersant
time for application dispersant: application dispersant:
completed oil treated in oil treated in
application gallons(Gulf Coast) gallons All other U.S.
----------------------------------------------------------------------------------------------------------------------
Tier 1................................................. 12 8,250:165,000 4,125:82,500
Tier 2................................................. 36 23,375:467,000 23,375:467,000
Tier 3................................................. 60 23,375:467,000 23,375:467,000
--------------------------------------------------------------
Total................................................. 60 55,000:1,100,000 50,875:1,017,500
----------------------------------------------------------------------------------------------------------------------

Note: Gulf Coast Tier 1 is higher due to greater potential spill size and frequency in that area, and it is assumed that dispersant stockpiles
would be centralized in the Gulf area. Alternative application ratios may be considered based on submission to Coast Guard Headquarters,
Office of Incident Management & Preparedness (CG-533) of peer-reviewed scientific evidence of improved capability.

(3) Dispersant stockpiles, application platforms, and other Open Water Oil Identification Job Aid for Aerial Observation" and
supporting resources must be ensured available in a quantity and the "Characteristic Coastal Habitats" guide; and
type sufficient to treat a vessel's worst case discharge (as
determined by using the criteria in Section 8 of appendix B), or in (iv) The capability of supporting oil spill removal operations
quantities sufficient to meet the requirements in Table continuously for three 10-hour operational periods during the
155.1050(k), whichever is the lesser amount. initial 72 hours of the discharge.

(l) The owner or operator of a vessel carrying groups I through IV (m) [Reserved]
petroleum oil as a primary cargo must identify in the response
plan, and ensure their availability through contract or other (n) The owner or operator of a vessel carrying groups I through IV
approved means, response resources necessary to provide aerial petroleum oil as a primary cargo must identify in the response
oil tracking to support oil spill assessment and cleanup activities. plan and ensure the availability of, through contract or other
Vessels operating on inland rivers are not required to comply with approved means, response resources necessary to perform
this paragraph. shoreline protection operations.

(1) Aerial oil tracking resources must be capable of arriving at the (1) The response resources must include the quantities of boom
site of a discharge in advance of the arrival of response resources listed in Table 2 of Appendix B of this part, based on the areas in
identified in the plan for tiers 1, 2, and 3 Worst Case Discharge which the vessel operates.
response times, and for a distance up to 50 nautical miles from
shore (excluding inland rivers). (2) Vessels that intend to offload their cargo at the Louisiana
Offshore Oil Port (LOOP) marine terminal are not required to
(2) Aerial oil tracking resources must include the following: comply with the requirements of this paragraph when they are
within the offshore area and under one of the following conditions:
(i) Appropriately located aircraft and personnel capable of meeting
the response time requirement for oil tracking in 155.1050(l)(1) (2)(i) Approaching or departing the LOOP marine terminal within
of this section; the LOOP Shipping Safety Fairway, as defined in 33 CFR
166.200.
(ii) Sufficient numbers of aircraft, pilots, and trained observation
personnel to support oil spill operations, commencing upon initial (2)(ii) Moored at the LOOP marine terminal for the purposes of
assessment, and capable of coordinating on-scene cleanup cargo transfer operations or anchored in the designated
operations, including dispersant, in-situ burning, and mechanical anchorage area awaiting discharge.
recovery operations;
(o) The owner or operator of a vessel carrying groups I through IV
(iii) Observation personnel must be trained in the protocols of oil petroleum oil as a primary cargo must identify in the response
spill reporting and assessment, including estimation of slick size, plan and ensure the availability of, through contract or other
thickness, and quantity. Observation personnel must be trained in approved means, an oil spill removal organization capable of
the use of assessment techniques in ASTM F1779-08 effecting a shoreline cleanup operation commensurate with the
(incorporated by reference, see 155.140), and familiar with the quantity of emulsified petroleum oil to be planned for in shoreline
use of pertinent guides, including, but not limited to, NOAA's cleanup operations.

414
(1) The shoreline cleanup resources required must be determined a worst case discharge of group V petroleum oils to the maximum
as described in Appendix B of this part. extent practicable; and

(2) Vessels that intend to offload their cargo at the Louisiana (2) Sources of the equipment and supplies necessary to locate,
Offshore Oil Port (LOOP) marine terminal are not required to recover, and mitigate such a discharge.
comply with the requirements of this paragraph when they are
within the offshore area and under one of the following conditions: (b) Using the criteria in Table 1 of Appendix B of this part, an
owner or operator of a vessel carrying group V petroleum oil as a
(2)(i) Approaching or departing the LOOP marine terminal within primary cargo must ensure that any equipment identified in a
the LOOP Shipping Safety Fairway as defined in 33 CFR 166.200. response plan is capable of operating in the conditions expected
in the geographic area(s) in which the vessel operates. When
(2)(ii) Moored at the LOOP marine terminal for the purposes of evaluating the operability of equipment, the vessel owner or
cargo transfer operations or anchored in the designated operator must consider limitations that are identified in the Area
anchorage area awaiting discharge. Contingency Plans for the COTP zones in which the vessel
operates, including
(p) Appendix B of this part sets out caps that recognize the
practical and technical limits of response capabilities for which an (1) Ice conditions;
individual vessel owner or operator can contract in advance.
Table 6 in Appendix B lists the contracting caps that are (2) Debris;
applicable, as of February 18, 1993, and that are slated to apply
on February 18, 1998. The owner or operator of a vessel carrying (3) Temperature ranges; and
groups I through IV petroleum oil as a primary cargo, whose
required daily recovery capacity exceeds the applicable (4) Weather-related visibility.
contracting caps in Table 6, shall identify commercial sources of
additional equipment equal to twice the cap listed for each tier or (c) The owner or operator of a vessel carrying group V petroleum
the amount necessary to reach the calculated planning volume, oil as a primary cargo must identify in the response plan and
whichever is lower, to the extent that this equipment is available. ensure, through contract or other approved means, the availability
The equipment so identified must be capable of arriving on scene of required equipment, including
no later than the applicable tier response times contained in
155.1050(g) or as quickly as the nearest available resource (1) Sonar, sampling equipment, or other methods for locating the
permits. A response plan must identify the specific sources, oil on the bottom or suspended in the water column;
locations, and quantities of this additional equipment. No contract
is required. (2) Containment boom, sorbent boom, silt curtains, or other
methods for containing oil that may remain floating on the surface
(q) The Coast Guard will continue to evaluate the environmental or to reduce spreading on the bottom;
benefits, cost efficiency and practicality of increasing mechanical
recovery capability requirements. This continuing evaluation is (3) Dredges, pumps, or other equipment necessary to recover oil
part of the Coast Guard's long term commitment to achieving and from the bottom and shoreline; and
maintaining an optimum mix of oil spill response capability across
the full spectrum of response modes. As best available (4) Other appropriate equipment necessary to respond to a
technology demonstrates a need to evaluate or change discharge involving the type of oil carried.
mechanical recovery capacities, a review of cap increases and
other requirements contained within this subpart may be (d) Response resources identified in a response plan under
performed. Any changes in the requirements of this section will paragraph (c) of this section must be capable of being deployed
occur through a public notice and comment process. During this within 24 hours of discovery of a discharge to the port nearest the
review, the Coast Guard will determine if established caps remain area where the vessel is operating. An oil spill removal
practicable and if increased caps will provide any benefit to oil organization may not be listed in the plan unless the oil spill
spill recovery operations. The review will include and evaluation of: removal organization has provided written consent to be listed in
the plan as an available resource.
(1) Best available technologies for containment and recovery;
(e) The owner or operator of a vessel carrying group V petroleum
(2) Oil spill tracking technology; oil as a primary cargo shall identify in the response plan and
ensure the availability of the following resources through contract
(3) High rate response techniques; or other approved means

(4) Other applicable response technologies; and (1) A salvage company with appropriate expertise and equipment;
and
(5) Increases in the availability of private response resources.
(2) A company with vessel firefighting capability that will respond
EFFECTIVE DATE NOTE: By USCG983417, 63 FR 7071, Feb. to casualties in the area(s) in which the vessel is operating.
12, 1998, 155.1050, paragraph (k)(3), was suspended from Feb.
12, 1998 until Feb. 12, 2001. At 66 FR 3878, Jan. 17, 2001, (f) Vessel owners or operators must identify intended sources of
paragraph (k)(3) was suspended from Feb. 12, 2001 until Feb. 12, the resources required under paragraph (e) of this section
2004. At 69 FR 3237, Jan. 23, 2004, paragraph (k)(3) was capable of being deployed to the areas in which the vessel will
suspended from Feb. 12, 2004 until February 12, 2009. operate. A company may not be listed in the plan unless the
company has provided written consent to be listed in the plan as
155.1052 Response Plan Development And Evaluation an available resource. To meet this requirement in a response
Criteria For Vessels Carrying Group V Petroleum Oil As A plan submitted for approval or reapproval on or after February 18,
Primary Cargo. 1998, the vessel owner or operator must identify both the
(a) Owners and operators of vessels that carry group V petroleum intended sources of this capability and demonstrate that the
oil as a primary cargo must provide information in their plan that resources are capable of being deployed to the port nearest to the
identifies area where the vessel operates within 24 hours of discovery of a
discharge.
(1) Procedures and strategies for responding to discharges up to

415
(g) The owner or operator of a vessel carrying group V petroleum response personnel are trained to meet the Occupational Safety
oil as a primary cargo shall identify in the response plan and and Health Administration (OSHA) standards for emergency
ensure the availability of certain resources required by response operations in 29 CFR 1910.120.
155.1035(c)(5)(ii) and 155.1040(c)(5)(i), as applicable, through
contract or other approved means. (f) A training plan may be prepared in accordance with Training
Elements for Oil Spill Response to satisfy the requirements of this
(1) Resources must include section.

(i) Fendering equipment; [CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by USCG-
2008-1070, 78 FR 60123, Sept. 30, 2013
(ii) Transfer hoses and connection equipment; and
155.1060 Exercises.
(iii) Portable pumps and ancillary equipment necessary to offload (a) A vessel owner or operator required by 155.1035, 155.1040,
the vessel's largest cargo tank in 24 hours of continuous or 155.5035 to have a response plan shall conduct exercise as
operation. necessary to ensure that the plan will function in an emergency.
Both announced and unannounced exercises must be included.
(2) Resources must be capable of reaching the locations in which The following are the minimum exercise requirements for vessels
the vessel operates within the stated times following notification: covered by this subpart:

(i) Inland, nearshore, and Great Lakes waters12 hours. (1) Qualified individual notification exercises, which must be
conducted quarterly;
(ii) Offshore waters and rivers and canals18 hours.
(2) Emergency procedures exercises, which must be conducted
(iii) Open ocean waters36 hours. quarterly;

(3) For barges operating in rivers and canals as defined in this (3) Shore-based spill management team tabletop exercises,
subpart, the requirements of this paragraph (g)(3) may be met by which must be conducted annually. In a triennial period, at least
listing resources capable of being deployed in an area within the one of these exercises must include a worst case discharge
response times in paragraph (g)(2) of this section. A vessel owner scenario;
or operator may not identify such resources in a plan unless the
response organization has provided written consent to be (4) Oil spill removal organization equipment deployment exercises,
identified in a plan as an available resource. which must be conducted annually; and

155.1055 Training. (5) An exercise of the entire response plan, which must be
(a) A response plan submitted to meet the requirements of conducted every 3 years. The vessel owner or operator shall
155.1035 or 155.5035 must identify the training to be provided design the exercise program so that all components of the
to persons having responsibilities under the plan, including response plan are exercised at least once every 3 years. All of the
members of the vessel crew, the qualified individual, and the spill components do not have to be exercised at one time; they may be
management team. A response plan submitted to meet the exercised over the 3-year period through the required exercises
requirements of 155.1040 must identify the training to be or through an area exercise.
provided to the spill management team, the qualified individual,
and other personnel in 155.1040 with specific responsibilities (b) Annually, at least one of the exercises listed in 155.1060(a)
under the plan including tankermen and members of the towing (2) and (4) must be unannounced. An unannounced exercise is
vessel crew. The training program must differentiate between that one in which the personnel participating in the exercise have not
training provided to vessel personnel and that training provided to been advised in advance of the exact date, time, and scenario of
shore-based personnel. Appendix C of this part provides the exercise.
additional guidance regarding training.
(c) A vessel owner or operator shall participate in unannounced
(b) A vessel owner or operator shall ensure the maintenance of exercises, as directed by the Coast Guard COTP. The objectives
records sufficient to document this training and make them of the unannounced exercises will be to evaluate notifications and
available for inspection upon request by the Coast Guard. equipment deployment for responses to average most probable
Records must be maintained for 3 years following completion of discharge spill scenarios outlined in vessel response plans. The
training. The response plan must identify the location of training unannounced exercises will be limited to four per area per year,
records, which must be an area being that geographic area for which a separate and
distinct Area Contingency Plan has been prepared, as described
(1) On board the vessel; in the Oil Pollution Act of 1990. After participating in an
unannounced exercise directed by a COTP, the owner or operator
(2) With the qualified individual; or will not be required to participate in another unannounced
exercise for at least 3 years from the date of the exercise.
(3) At a U.S. location of the spill management team.
(d) A vessel owner or operator shall participate in area exercises
(c) A vessel owner or operator may identify equivalent work as directed by the applicable on-scene coordinator. The area
experience which fulfills specific training requirements. exercises will involve equipment deployment to respond to the
spill scenario developed by the exercise design team, of which
(d) The vessel owner or operator shall ensure that any oil spill the vessel owner or operator will be a member. After participating
removal organization identified in a response plan to meet the in an area exercise, a vessel owner or operator will not be
requirements of this part maintains records sufficient to document required to participate in another area exercise for at least 6 years.
training for the organization's personnel. These records must be
available for inspection upon request by the Coast Guard. (e) The vessel owner or operator shall ensure that adequate
Records must be maintained for 3 years following completion of exercise records are maintained. The following records are
training. required:

(e) Nothing in this section relieves the vessel owner or operator (1) On board the vessel, records of the qualified individual
from the responsibility to ensure that all private shore-based notification exercises and the emergency procedures exercises.

416
These exercises may be documented in the ship's log or may be Response Plan Electronic Submission Tool available at
kept in a separate exercise log. http://evrp.uscg.mil or by mail to Commandant (CG-CVC-1), Attn:
Vessel Response Plans, U.S. Coast Guard Stop 7501, 2703
(2) At the United States' location of either the qualified individual, Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501
spill management team, the vessel owner or operator, or the oil or vrp@uscg.mil. The plan must be submitted at least 60 days
spill removal organization, records of exercises conducted off the before the vessel intends to handle, store, transport, transfer, or
vessel. Response plans must indicate the location of these lighter oil in areas subject to the jurisdiction of the United States.
records.
(b) The owner or operator shall include a statement certifying that
(f) Records described in paragraph (e) of this section must be the plan meets the applicable requirements of subparts D, E, F, G,
maintained and available to the Coast Guard for 3 years following and J of this part and shall include a statement indicating whether
completion of the exercises. the vessel(s) covered by the plan are manned vessels carrying oil
as a primary cargo, unmanned vessels carrying oil as a primary
(g) The response plan submitted to meet the requirements of this cargo, or vessels carrying oil as a secondary cargo. For plans
subpart must specify the planned exercise program. The plan submitted in paper format, CG Form Application for
shall detail the exercise program, including the types of exercises, Approval/Revision of Vessel Pollution Response Plans (CG-6083)
frequencies, scopes, objectives, and the scheme for exercising located at: http://www.uscg.mil/forms/CG/CG_6083.pdf meets the
the entire response plan every 3 years. requirement for a vessel response plan certification statement as
required by this paragraph.
(h) Compliance with the National Preparedness for Response
Exercise Program (PREP) Guidelines will satisfy the vessel (c) If the Coast Guard determines that the plan meets all
response plan exercise requirements. These guidelines are requirements of this subpart, the Coast Guard will notify the
available from the TASC DEPT Warehouse, 33141Q 75th Avenue, vessel owner or operator with an approval letter. The plan will be
Landover, MD 20875 (fax: 301-386-5394, stock number USCG- valid for a period of up to 5 years from the date of approval.
X0241). Compliance with an alternative program that meets the
requirements of paragraph (a) of this section and has been (d) If the Coast Guard reviews the plan and determines that it
approved under 155.1065 will also satisfy the vessel response does not meet all of the requirements, the Coast Guard will notify
plan exercise requirements. the vessel owner or operator of the response plan's deficiencies.
The vessel owner or operator must then resubmit the revised plan,
Note to paragraph (h): The PREP guidelines are available online or corrected portions of the plan, within the time period specified
at http://www.uscg.mil/hq/g-m/nmc/response/msprep.pdf. in the written notice provided by the Coast Guard.

[CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by 68 FR (e) For those vessels temporarily authorized under 155.1025 to
37741, June 25, 2003; USCG-2008-0179, 73 FR 35015, June 19, operate without an approved plan pending formal Coast Guard
2008; USCG-2008-1070, 78 FR 60123, Sept. 30, 2013] approval, the deficiency provisions of 155.1070(c), (d), and (e)
will also apply.
155.1062 Inspection And Maintenance Of Response
Resources. (f) When the owner or operator of a vessel believes that national
(a) The owner or operator of a vessel required to submit a planning criteria contained elsewhere in this part are inappropriate
response plan under this part must ensure that to the vessel for the areas in which it is intended to operate, the
owner or operator may request acceptance of alternative planning
(1) Containment booms, skimmers, vessels, and other major criteria by the Coast Guard. Submission of a request must be
equipment listed or referenced in the plan are periodically made 90 days before the vessel intends to operate under the
inspected and maintained in good operating condition, in proposed alternative and must be forwarded to the COTP for the
accordance with manufacturer's recommendations and best geographic area(s) affected.
commercial practices; and
(g) An owner or operator of a United States flag vessel may meet
(2) All inspections and maintenance are documented and that the response plan requirements of Regulation 37 of MARPOL
these records are maintained for 3 years. 73/78 and subparts D, E, F, and G of this part by stating in writing,
according to the provisions of 155.1030(j), that the plan
(b) For equipment which must be inspected and maintained under submitted is intended to address the requirements of both
this section the Coast Guard may Regulation 37 of MARPOL 73/78 and the requirements of
subparts D, E, F, and G of this part.
(1) Verify that the equipment inventories exist as represented;
(h) Within 21 days of notification that a plan is not approved, the
(2) Verify the existence of records required under this section; vessel owner or operator may appeal that determination to the
Director of Inspections and Compliance (CG-5PC). This appeal
(3) Verify that the records of inspection and maintenance reflect must be submitted in writing to Commandant (CG-5PC), Attn:
the actual condition of any equipment listed or referenced; and Director of Inspections and Compliance, U.S. Coast Guard Stop
7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC
(4) Inspect and require operational tests of equipment. 20593-7501.

(c) This section does not apply to containment booms, skimmers, [CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD
vessels, and other major equipment listed or referenced in the 96-026, 61 FR 33666, June 28, 1996; CGD 97-023, 62 FR 33364,
plan and ensured available through the written consent of an oil June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002;
spill removal organization, as described in the definition of USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-2010-
contract or other approved means at 155.1020. 0351, 75 FR 36285, June 25, 2010; USCG-2008-1070, 78 FR
60123, Sept. 30, 2013; USCG-2014-0410, 79 FR 38436, July 7,
155.1065 Procedures For Plan Submission, Approval, 2014]
Requests For Acceptance Of Alternative Planning Criteria,
And Appeal. 155.1070 Procedures For Plan Review, Revision,
(a) An owner or operator of a vessel to which this subpart applies Amendment, And Appeal.
shall submit one complete English language copy of a vessel (a) A vessel response plan must be reviewed annually by the
response plan to Commandant electronically by using the Vessel owner or operator.

417
(1) This review must occur within 1 month of the anniversary date or 155.5023(b); or
of Coast Guard approval of the plan.
(9) Any other significant changes that affect the implementation of
(2) The owner or operator shall submit any plan amendments to the plan.
the Coast Guard for information or approval. Revisions to a plan
must include a cover page that provides a summary of the (d) Thirty days in advance of operation, the vessel owner or
changes being made and the pages being affected. Revised operator must submit any revision or amendments identified in
pages must further include the number of the revision and date of paragraph (c) of this section. The certification required in
that revision. Although plans should be submitted electronically, 155.1065(b) or 155.5065(b) must be submitted along with the
for plans submitted in paper format, CG Form Application for revisions or amendments.
Approval/Revision of Vessel Pollution Response Plans (CG-6083)
located at: http://www.uscg.mil/forms/CG/CG_6083.pdf should be (e) The Coast Guard may require a vessel owner or operator to
used in lieu of a cover letter to request the required resubmission, revise a response plan at any time if it is determined that the
plan amendment, or revision. response plan does not meet the requirements of this subpart.
The Coast Guard will notify the vessel owner or operator in writing
(3) Any required changes must be entered in the plan and noted of any deficiencies and any operating restrictions. Deficiencies
on the record of changes page. The completion of the annual must be corrected and submitted for acceptance within the time
review must also be noted on the record of changes page. period specified in the written notice provided by the Coast Guard
or the plan will be declared invalid and any further storage,
(b) The vessel owner or operator subject to subparts D, E, F, G, transfer, handling, transporting or lightering of oil in areas subject
or J of this part must resubmit the entire plan to the Coast Guard to the jurisdiction of the United States will be in violation of section
for approval 311(j)(5)(E) of the Federal Water Pollution Control Act (FWPCA)
(33 U.S.C. 1321(j)(5)(E)).
(1) Six months before the end of the Coast Guard approval period
identified in 155.1065(c) or 155.5065(c); and (f) A vessel owner or operator who disagrees with a deficiency
determination may submit a petition for reconsideration to
(2) Whenever there is a change in the vessel owner or operator, if Commandant (CG-CVC), Attn: Office of Commercial Vessel
the previous vessel owner or operator provided the certifying Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther
statement required by 155.1065(b) or 155.5065(b), then the King Jr. Avenue SE., Washington, DC 20593-7501 or
new vessel owner or operator must submit a new statement vrp@uscg.mil within the time period required for compliance or
certifying that the plan continues to meet the applicable within 7 days from the date of receipt of the Coast Guard notice of
requirements of subparts D, E, F, G, or J of this part. a deficiency determination, whichever is less. After considering all
relevant material presented, the Coast Guard will notify the vessel
(c) Revisions or amendments to an approved response plan must owner or operator of the final decision.
be submitted for approval by the vessel's owner or operator
whenever there is (1) Unless the vessel owner or operator petitions for
reconsideration of the Coast Guard's decision, the vessel's owner
(1) A change in the vessel owner or operator, if that vessel owner or operator must correct the response plan deficiencies within the
or operator is not the one who provided the certifying statement period specified in the Coast Guard's initial determination.
required by 155.1065(b) or 155.5065(b);
(2) If the vessel owner or operator petitions the Coast Guard for
(2) A change in the vessel's operating area that includes ports or reconsideration, the effective date of the Coast Guard notice of
geographic area(s) not covered by the previously approved plan. deficiency determination may be delayed pending a decision by
A vessel may operate in an area not covered in a previously the Coast Guard. Petitions to the Coast Guard must be submitted
approved plan upon receipt of written acknowledgment by the in writing, via the Coast Guard official who issued the requirement
Coast Guard that a new geographic-specific appendix has been to amend the response plan, within 5 days of receipt of the notice.
submitted for approval by the vessel's owner or operator and the
certification required in 155.1025(c)(2) or 155.5023(b) has been (g) Within 21 days of notification that a plan is not approved, the
provided; vessel owner or operator may appeal that determination to the
Director of Inspections and Compliance (CG-5PC). This appeal
(3) A significant change in the vessel's configuration that affects must be submitted in writing to Commandant (CG-5PC), Attn:
the information included in the response plan; Director of Inspections and Compliance, U.S. Coast Guard Stop
7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC
(4) A change in the type of oil carried onboard (oil group) that 20593-7501..
affects the required response resources, except as authorized by
the COTP for purposes of assisting in an oil spill response activity; (h) Except as required in paragraph (c) of this section,
amendments to personnel and telephone number lists included in
(5) A change in the identification of the oil spill removal the response plan do not require prior Coast Guard approval.
organization(s) or other response-related resource required by
155.1050, 155.1052, 155.1230, 155.2230, 155.5050, or (i) The Coast Guard and all other holders of the response plan
155.5052 as appropriate, except an oil spill removal organization shall be advised of any revisions to personnel and telephone
required by 155.1050(d) or 155.5050(d) that may be changed numbers and provided a copy of these revisions as they occur.
on a case-by-case basis for an oil spill removal organization
previously classified by the Coast Guard, which has been ensured [CGD 91-034, 61 FR 1081, Jan. 12, 1996, as amended by CGD
to be available by contract or other approved means; 96-026, 61 FR 33666, June 28, 1996; CGD 97-023, 62 FR 33364,
June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002;
(6) A significant change in the vessel's emergency response USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-2001-
procedures; 8661, 74 FR 45029, Aug. 31, 2009; USCG-2010-0351, 75 FR
36285, June 25, 2010; USCG-2008-1070, 78 FR 60123, Sept. 30,
(7) A change in the qualified individual; 2013; USCG-2014-0410, 79 FR 38436, July 7, 2014]

(8) The addition of a vessel to the plan. This change must include Subpart E Additional Response Plan
the vessel-specific appendix required by this subpart and the Requirements for Tankers Loading Cargo at a
vessel owner or operator's certification required in 155.1025(c)

418
Facility Permitted Under the Trans-Alaska (iv) Provide a plan for training sufficient numbers of additional
personnel to remove, to the maximum extent practicable, a worst
Pipeline Authorization Act case discharge or a discharge of 200,000 barrels of oil, whichever
Source:CGD 91-034, 61 FR 1097, Jan. 12, 1996, unless is greater; and
otherwise noted.
(v) Address the responsibilities required in 155.1035(d)(4).
155.1110 Purpose And Applicability.
(a) This subpart establishes oil spill response planning (2) The response plan must include exercise procedures that
requirements for an owner or operator of a tanker loading cargo at must
a facility permitted under the Trans-Alaska Pipeline Authorization
Act (TAPAA) (43 U.S.C. 1651 et seq.) in Prince William Sound, (i) Provide two exercises of the oil spill removal organization each
Alaska, in addition to the requirements of subpart D of this part. year to ensure prepositioned equipment and trained personnel
The requirements of this subpart are intended for use in required under this subpart perform effectively;
developing response plans and identifying response resources
during the planning process, they are not performance standards. (ii) Provide for both announced and unannounced exercises; and

(b) The information required in this subpart must be included in a (iii) Provide for exercises that test either the entire appendix or
Prince William Sound geographic-specific appendix to the vessel individual components.
response plan required by subpart D of this part.
(3) The response plan must identify a testing, inspection, and
155.1115 Definitions. certification program for the prepositioned response equipment
Except as provided in this section, the definitions in 155.1020 required in 155.1130 that must provide for
apply to this subpart. Prince William Sound means all State and
Federal waters within Prince William Sound, Alaska, including the (i) Annual testing and equipment inspection in accordance with
approach to Hinchinbrook Entrance out to and encompassing the manufacturer's recommended procedures, to include
Seal Rock.
(A) Start-up and running under load of all electrical motors, pumps,
155.1120 Operating Restrictions And Interim Operating power packs, air compressors, internal combustion engines, and
Authorization. oil recovery devices; and
The owner or operator of a tanker to which this subpart applies
may not load cargo at a facility permitted under the Trans-Alaska (B) Removal of no less than one-third of required boom from
Pipeline Authorization Act unless the requirements of this subpart storage annually, such that all boom will have been removed and
and 155.1025 have been met. The owner or operator of such a examined within a period of 3 years;
tanker shall certify to the Coast Guard that they have provided,
through an oil spill removal organization required by 155.1125, (ii) Records of equipment tests and inspection; and
the necessary response resources to remove, to the maximum
extent practicable, a worst case discharge or a discharge of (iii) Use of an independent entity to certify that the equipment is
200,000 barrels of oil, whichever is greater, in Prince William on-site and in good operating condition and that required tests
Sound, AK. and inspections have been performed. The independent entity
must have appropriate training and expertise to provide this
155.1125 Additional Response Plan Requirements. certification.
(a) The owner or operator of a tanker subject to this subpart shall
include the requirements of this section in the Prince William (4) The response plan must identify and give the location of the
Sound geographic-specific appendix required by subpart D of this prepositioned response equipment required in 155.1130
part. including the make, model, and effective daily recovery rate of
each oil recovery resource.
(1) The response plan must include identification of an oil spill
removal organization that shall (b) The owner or operator shall submit to the COTP for approval,
no later than September 30th of each calendar year, a schedule
(i) Perform response activities; for the training and exercises required by the geographic-specific
appendix for Prince William Sound for the following calendar year.
(ii) Provide oil spill removal and containment training, including
training in the operation of prepositioned equipment, for personnel, (c) All records required by this section must be available for
including local residents and fishermen, from the following inspection by the Coast Guard and must be maintained for a
locations in Prince William Sound period of 3 years.

155.1130 Requirements For Prepositioned Response


(A) Valdez;
Equipment.
The owner or operator of a tanker subject to this subpart shall
(B) Tatitlek;
provide the following prepositioned response equipment, located
within Prince William Sound, in addition to that required by
(C) Cordova;
155.1035:
(D) Whittier;
(a) On-water recovery equipment with a minimum effective daily
recovery capacity of 30,000 barrels, capable of being on scene
(E) Chenega; and
within 6 hours of notification of a discharge.
(F) Fish hatcheries located at Port San Juan, Main Bay, Esther
(b) On-water storage capacity of 100,000 barrels, capable of
Island, Cannery Creek, and Solomon Gulch.
being on scene within 6 hours of notification of a discharge.
(iii) Consist of sufficient numbers of trained personnel with the
(c) Additional on-water recovery equipment with a minimum
necessary technical skills to remove, to the maximum extent
effective daily recovery capacity of 40,000 barrels capable of
practicable, a worst case discharge or a discharge of 200,000
being on scene within 18 hours of notification of a discharge.
barrels of oil, whichever is greater;

419
(d) On-water storage capacity of 300,000 barrels for recovered vegetable oils as a primary cargo. The requirements of this
oily material, capable of being on scene within 24 hours of subpart are intended for use in developing response plans and
notification of a discharge. identifying response resources during the planning process. They
are not performance standards.
(e) On-water oil recovery devices and storage equipment located
in communities and at strategic locations. 155.1225 Response Plan Submission Requirements.
An owner or operator of a vessel carrying animal fats and
(f) For sufficient protection of the environment in the locations vegetable oils as a primary cargo shall submit a response plan in
identified in 155.1125(a)(1)(ii) accordance with the requirements of this subpart, and with all
sections of subpart D of this part, except 155.1050 and
(1) Boom appropriate for the specific locations; 155.1052.

(2) Sufficient boats to deploy boom and sorbents; 155.1230 Response Plan Development And Evaluation
Criteria.
(3) Sorbents including booms, sweeps, pads, blankets, drums and (a) Owners and operators of vessels that carry animal fats or
plastic bags; vegetable oils as a primary cargo must provide information in their
plan that identifies-
(4) Personnel protective clothing and equipment;
(1) Procedures and strategies for responding to a worst case
(5) Survival equipment; discharge of animal fats or vegetable oils to the maximum extent
practicable; and
(6) First aid supplies;
(2) Sources of the equipment and supplies necessary to contain,
(7) Buckets, shovels, and various other tools; recover, and mitigate such a discharge.

(8) Decontamination equipment; (b) An owner or operator of a vessel carrying animal fats or
vegetable oils as a primary cargo must ensure that any equipment
(9) Shoreline cleanup equipment; identified in a response plan is capable of operating in the
conditions expected in the geographic area(s) in which the vessel
(10) Mooring equipment; operates using the criteria in Table 1 of Appendix B of this part.
When evaluating the operability of equipment, the vessel owner or
(11) Anchored buoys at appropriate locations to facilitate the operator must consider limitations that are identified in the Area
positioning of defensive boom; and Contingency Plans for the COTP zones in which the vessel
operates, including-
(12) Other appropriate removal equipment for the protection of the
environment as identified by the COTP. (1) Ice conditions;

(g) For each oil-laden tanker, an escorting response vessel which (2) Debris;
is fitted with skimming and on board storage capabilities
practicable for the initial oil recovery planned for a cleanup (3) Temperature ranges; and
operation, as identified by the oil spill removal organization.
(4) Weather-related visibility.
(h) Lightering resources required in subpart I of this part capable
of arriving on scene within 6 hours of notification of a discharge. (c) The owner or operator of a vessel carrying animal fats or
vegetable oils as a primary cargo must identify in the response
[CGD 91-034, 61 FR 1097, Jan. 12, 1996, as amended by USCG- plan and ensure, through contract or other approved means, the
2009-0416, 74 FR 27441, June 10, 2009] availability of required equipment including-

155.1135 Response Plan Development And Evaluation (1) Containment boom, sorbent boom, or other methods for
Criteria. containing oil floating on the surface or to protect shorelines from
For tankers subject to this subpart, the following response times impact;
must be used in determining the on-scene arrival time in Prince
William Sound, for the response resources required by 155.1050: (2) Oil recovery devices appropriate for the type of animal fats or
vegetable oils carried; and
Tier 1 Tier 2 Tier 3
Prince William Sound 12 hrs 24 hrs 36 hrs (3) Other appropriate equipment necessary to respond to a
discharge involving the type of animal fats or vegetable oils
155.1145 Submission And Approval Procedures. carried.
An appendix prepared under this subpart must be submitted and
approved in accordance with 155.1065. (d) Response resources identified in a response plan under
paragraph (c) of this section must be capable of arriving on-scene
155.1150 Plan Revision And Amendment Procedures. within the applicable Tier 1 response times specified in this
An appendix prepared and submitted under this subpart must be paragraph. An oil spill removal organization may not be listed in
revised and amended, as necessary, in accordance with the plan unless the organization has provided written consent to
155.1070. be listed in the plan as an available resource. Response times
from the time of discovery of a discharge are as follows:
Subpart F Response Plan Requirements for
Vessels Carrying Animal Fats and Vegetable Oils
as a Primary Cargo
155.1210 Purpose And Applicability.
This subpart establishes oil spill response planning requirements
for an owner or operator of a vessel carrying animal fats and

420
credit for up to 25 percent of the worst case planning volume set
forth by subpart D of this part. To receive this credit, the vessel
owner or operator must identify in the plan and ensure, by
contract or other approved means, the availability of specified
resources to apply the dispersants and to monitor their
effectiveness. To extent of the credit will be based on the volumes
of the dispersant available to sustain operations at the
manufacturers' recommended dosage rates. Other spill mitigation
techniques, including mechanical dispersal, may be identified in
the response plan, provided they are in accordance with the NCP
and the applicable ACP. Resources identified for plan credit
should be capable of being on scene within 12 hours of a
discovery of a discharge. Identification of these resources does
not imply that they will be authorized for use. Actual authorization
(e) The owner or operator of a vessel carrying animal fats or
for use during the spill response will be governed by the
vegetable oils as a primary cargo must identify in the response
provisions of the NCP and the applicable ACP.
plan and ensure the availability of the following resources through
contract or other approved means:
Subpart G Response Plan Requirements for
(1) A salvage company with appropriate expertise and equipment. Vessels Carrying Other Non-Petroleum Oils as a
Primary Cargo
(2) A company with vessel firefighting capability that will respond
to casualties in the area(s) in which the vessel is operating. Source:CGD 91-034, 61 FR 1099, Jan. 12, 1996, unless
otherwise noted.
(f) Vessel owners or operators must identify intended sources of
the resources required under paragraph (e) of this section 155.2210 Purpose And Applicability.
capable of being deployed to the areas in which the vessel will This subpart establishes oil spill response planning requirements
operate. A company may not be listed in the plan unless the for an owner or operator of a vessel carrying other non-petroleum
company has provided written consent to be listed in the plan as oils as a primary cargo. The requirements of this subpart are
an available resource. To meet this requirement in a response intended for use in developing response plans and identifying
plan submitted for approval or reapproval on or after February 18, response resources during the planning process. They are not
1998, the vessel owner or operator must identify both the performance standards.
intended sources of this capability and demonstrate that the
resources are capable of being deployed to the port nearest to the 155.2225 Response Plan Submission Requirements.
area where the vessel operates within 24 hours of discovery of a An owner or operator of a vessel carrying other non-petroleum
discharge. oils as a primary cargo shall submit a response plan in
accordance with the requirements of this subpart, and with all
(g) The owner or operator of a vessel carrying animal fats or sections of subpart D of this part, except 155.1050 and
vegetable oils as a primary cargo must identify in the response 155.1052.
plan, and ensure the availability of, through contract or other
approved means, certain resources required by subpart D, 155.2230 Response Plan Development And Evaluation
155.1035(c)(5)(ii) and 155.1040(c)(5)(i), as applicable. Criteria.
(a) Owners and operators of vessels that carry other non-
(1) Resources must include- petroleum oil as a primary cargo must provide information in their
plan that identifies
(1)(i) Fendering equipment;
(1) Procedures and strategies for responding to a worst case
(1)(ii) Transfer hoses and connection equipment; and discharge of other non-petroleum oils to the maximum extent
practicable; and
(1)(iii) Portable pumps and ancillary equipment necessary to
offload the vessel's largest cargo tank in 24 hours of continuous (2) Sources of the equipment and supplies necessary to contain,
operation. recover, and mitigate such a discharge.

(2) Resources must be capable of reaching the locations in which (b) An owner or operator of a vessel carrying other non-petroleum
the vessel operates within the stated times following notification: oil as a primary cargo must ensure that any equipment identified
in a response plan is capable of operating in the conditions
(2)(i) Inland, nearshore, and Great Lakes waters-12 hours. expected in the geographic area(s) in which the vessel operates
using the criteria in Table 1 of Appendix B of this part. When
(2)(ii) Offshore waters and rivers and canals-18 hours. evaluating the operability of equipment, the vessel owner or
operator must consider limitations that are identified in the Area
(2)(iii) Open ocean waters-36 hours. Contingency Plans for the COTP zones in which the vessel
operates, including
(3) For barges operating in rivers and canals as defined in this
subpart, the requirements of this paragraph (g)(3) may be met by (1) Ice conditions;
listing resources capable of being deployed in an area within the
response times in paragraph (g)(2) of this section. A vessel owner (2) Debris;
or operator may not identify such resources in a plan unless the
response organization has provided written consent to be (3) Temperature ranges; and
identified in a plan as an available resource.
(4) Weather-related visibility.
(h) The response plan for a vessel that is located in any
environment with year-round preapproval for use of dispersants (c) The owner or operator of a vessel carrying other non-
suitable for animal fats and vegetable oils and that handles, petroleum oil as a primary cargo must identify in the response
stores, or transports animal fats or vegetable oils may request a plan and ensure, through contract or other approved means, the
availability of required equipment including

421
(1) Containment boom, sorbent boom, or other methods for (3) For barges operating in rivers and canals as defined in this
containing oil floating on the surface or to protect shorelines from subpart, the requirements of this paragraph (g)(3) may be met by
impact; listing resources capable of being deployed in an area within the
response times in paragraph (g)(2) of this section. A vessel owner
(2) Oil recovery devices appropriate for the type of other non- or operator may not identify such resources in a plan unless the
petroleum oil carried; and response organization has provided written consent to be
identified in a plan as an available resource.
(3) Other appropriate equipment necessary to respond to a
discharge involving the type of other non-petroleum oil carried. (h) The response plan for a vessel that is located in any
environment with year-round preapproval for use of dispersants
(d) Response resources identified in a response plan under and that handles, stores, or transports other non-petroleum oils
paragraph (c) of this section must be capable of arriving on-scene may request a credit for up to 25 percent of the worst case
within the applicable Tier 1 response times specified in this planning volume set forth by subpart D of this part. To receive this
paragraph. An oil spill removal organization may not be listed in credit, the vessel owner or operator must identify in the plan and
the plan unless the organization has provided written consent to ensure, by contract or other approved means, the availability of
be listed in the plan as an available resource. Response times specified resources to apply the dispersants and to monitor their
from the time of discovery of a discharge are as follow: effectiveness. The extent of the credit will be based on the
volumes of the dispersant available to sustain operations at the
manufacturers' recommended dosage rates. Identification of
Tier 1 Tier 2 Tier 3 these resources does not imply that they will be authorized for
Higher volume port area 12 hrs N/A N/A use. Actual authorization for use during a spill response will be
Great Lakes 18 hrs N/A N/A governed by the provisions of the NCP and the applicable ACP.
All other rivers and canals, inland, nearshore, and
24 hrs N/A N/A
offshore areas Appendix A To Part 155-Specifications For Shore
Open ocean (plus travel time from shore) 24 hrs+ N/A N/A Connection
(e) The owner or operator of a vessel carrying other non- [See 340,350,370,and 380 of this part]
petroleum oil as a primary cargo must identify in the response
plan and ensure the availability of the following resources through Item Description Dimension
contract or other approved means:
1 Outside diameter 215 mm. (8 in.).
(1) A salvage company with appropriate expertise and equipment.
2 Inside diameter According to pipe outside diameter.
(2) A company with vessel firefighting capability that will respond
3 Bolt circle diameter 183 mm. (7 3/16 in.).
to casualties in the area(s) in which the vessel is operating.
6 holes 22 mm. (7/8 in.) in diameter shall
(f) Vessel owners or operators must identify intended sources of be equidistantly placed on a bolt circle of
the resources required under paragraph (e) of this section 4 Slots in flange the above diameter, slotted to the flange
capable of being deployed to the areas in which the vessel will periphery. The slot width is to be 22 mm.
operate. A company may not be listed in the plan unless the (7/8 in.).
company has provided written consent to be listed in the plan as
an available resource. To meet this requirement in a response 5 Flange thickness 20 mm. (3/4 in.).
plan submitted for approval or reapproval on or after February 18, 6, each of 20 mm. (3/4 in.) in diameter and
1998, the vessel owner or operator must identify both the 6 Bolts and nuts
of suitable length.
intended sources of this capability and demonstrate that the
resources are capable of being deployed to the port nearest to the The flange must be of steel having a flat face, with a gasket of
area where the vessel operates within 24 hours of discovery of a oilproof material, and must be suitable for a service pressure of 6
discharge. kg./cm.2 (85 p.s.i.).

(g) The owner or operator of a vessel carrying other non- The steel materials used must meet the material specifications of
petroleum oil as a primary cargo must identify in the response standard B16.5, Steel Pipe Flanges and Flanged Fittings of the
plan, and ensure the availability of, through contract or other American National Standards Institute. (See 154.106 of this
approved means, certain resources required by subpart D of this chapter.)
part, 155.1035(c)(5)(ii) and 155.1040(c)(5)(i) of this part, as
applicable. [CGD 75-124, 45 FR 7176, Jan. 31, 1980]

(1) Resources must include Appendix B To Part 155-Determining And


Evaluating Required Response Resources For
(i) Fendering equipment; Vessel Response Plans
(ii) Transfer hoses and connection equipment; and 1. Purpose

(iii) Portable pumps and ancillary equipment necessary to offload 1.1 The purpose of this appendix is to describe the procedures
the vessel's largest cargo tank in 24 hours of continuous for identifying response resources to meet the requirements of
operation. subparts D, E, F, G, and J of this part. These guidelines will be
used by the vessel owner or operator in preparing the response
(2) Resources must be capable of reaching the locations in which plan and by the Coast Guard to review vessel response plans.
the vessel operates within the stated times following notification: Response plans submitted under subparts F and G of this part will
be evaluated under the guidelines in section 2 and Table 1 of this
(i) Inland, nearshore, and Great Lakes waters12 hours. appendix.

(ii) Offshore waters and rivers and canals18 hours. 2. Equipment Operability and Readiness

(iii) Open ocean waters36 hours. 2.1 All equipment identified in a response plan must be capable

422
of operating in the conditions expected in the geographic area in operator must ensure that identified boom has compatible
which a vessel operates. These conditions vary widely based on connectors.
the location and season. Therefore, it is difficult to identify a single
stockpile of response equipment that will function effectively in 2.8 For subparts F and G of this part, in identifying equipment,
every geographic location. the vessel owner or operator shall list the storage location,
quantity, and manufacturer's make and model, unless the oil spill
2.2 Vessels storing, handling, or transporting oil in more than removal organization(s) providing the necessary response
one operating environment as indicated in Table 1 must identify resources have been evaluated by the Coast Guard, and their
equipment capable of successfully functioning in each operating capability has been determined to equal or exceed the response
environment. For example, vessels moving from the ocean to a capability needed by the vessel. For boom, the overall boom
river port must identify appropriate equipment designed to meet height (draft plus freeboard) must be included. A vessel owner of
the criteria for transiting oceans, inland waterways, rivers, and operator is responsible for ensuring that identified boom has
canals. This equipment may be designed to operate in all of these compatible connectors.
environments or, more likely, different equipment may be
designed for use in each area. 3. Determining Response Resources Required for the Average
Most Probable Discharge
2.3 When identifying equipment for response plan credit, a
vessel owner or operator must consider the inherent limitations in 3.1 A vessel owner or operator must identify and ensure, by
the operability of equipment components and response systems. contract or other approved means, that sufficient response
The criteria in Table 1 of this appendix must be used for resources are available to respond to the 50-barrel average most
evaluating the operability in a given environment. These criteria probable discharge at the point of an oil transfer involving a
reflect the general conditions in certain operating areas. vessel that carries oil as a primary cargo or a nontank vessel
carrying oil as cargo. The equipment must be designed to function
2.4 Table 1 of this appendix lists criteria for oil recovery devices in the operating environment at the point of oil transfer. These
and boom. All other equipment necessary to sustain or support resources must include
response operations in a geographic area must be designed to
function in the same conditions. For example, boats which deploy 3.1.1 Containment boom in a quantity equal to twice the length
or support skimmers or boom must be capable of being safely of the largest vessel involved in the transfer capable of being
operated in the significant wave heights listed for the applicable deployed within 1 hour of the detection of a spill at the site of oil
operating environment. The Coast Guard may require transfer operations. If the transfer operation is more than 12 miles
documentation that the boom identified in a response plan meets from shore, the containment boom must be deployed within 1
the criteria in Table 1 of this appendix. Absent acceptable hour plus the travel time from the nearest shoreline at a speed of
documentation, the Coast Guard may require that the boom be 5 knots.
tested to demonstrate that it meets the criteria in Table 1 of this
appendix. Testing must be in accordance with certain American 3.1.2 Oil recovery devices with an effective daily recovery
Society for Testing Materials (ASTM) standards [ASTM F 715 capacity of 50 barrels or greater available at the transfer site
(incorporated by reference, see 155.140) Standard Methods of within 2 hours of the detection of an oil discharge.
Testing Spill Control Barrier Membrane Materials], or other tests
approved by the Coast Guard. 3.1.3 Oil storage capacity for recovered oily material indicated in
section 9.2 of this appendix.
2.5 A vessel owner or operator must refer to the applicable Area
Contingency Plan to determine if ice, debris, and weather-related 4. Determining Response Resources Required for the Maximum
visibility are significant factors in evaluating the operability of Most Probable Discharge
equipment. The Area Contingency Plan will also identify the
average temperature ranges expected in a geographic area in 4.1 A vessel owner or operator shall identify and ensure, by
which a vessel operates. All equipment identified in a response contract or other approved means, that sufficient response
plan must be designed to operate within those conditions or resources are available to respond to discharges up to the
ranges. maximum most probable discharge volume for that vessel. The
resources should be capable of containing and collecting up to
2.6 The requirements of subparts D, E, F, G, and J of this part 2,500 barrels of oil. All equipment identified must be designed to
establish response resource mobilization and response times. operate in the applicable operating environment specified in table
The location where the vessel operates farthest from the storage 1 of this appendix.
location of the response resources must be used to determine
whether the resources are capable of arriving on scene within the 4.2 To determine the maximum most probable discharge volume
time required. A vessel owner or operator must include the time to be used for planning, use the lesser of
for notification, mobilization, and travel time of resources identified
to meet the maximum most probable discharge and Tier 1 worst 4.2.1 2500 barrels; or
case discharge requirements. For subparts D and E of this part,
Tier 2 and 3 resources must be notified and mobilized as 4.2.2 Ten percent of the total oil capacity.
necessary to meet the requirements for arrival on scene. An on-
water speed of 5 knots and a land speed of 35 miles per hour is 4.3 Oil recovery devices necessary to meet the applicable
assumed, unless the vessel owner or operator can demonstrate maximum most probable discharge volume planning criteria must
otherwise. be located such that they arrive on scene within 12 hours of the
discovery of a discharge in higher volume port areas and the
2.7 For subparts D, E, and J of this part, in identifying equipment, Great Lakes, 24 hours in all other rivers and canals, inland,
the vessel owner or operator must list the storage location, nearshore, and offshore areas, and 24 hours plus travel time from
quantity, and manufacturer's make and model, unless the oil spill shore in all open ocean areas.
removal organization(s) providing the necessary response
resources have been evaluated by the Coast Guard, and their 4.3.1 Because rapid control, containment, and removal of oil is
capability has been determined to equal or exceed the response critical to reduce spill impact, the effective daily recovery capacity
capability needed by the vessel. For oil recovery devices, the for oil recovery devices must equal 50% of the planning volume
effective daily recovery capacity, as determined using section 6 of applicable for the vessel as determined in section 4.2 of this
this appendix, must be included. For boom, the overall boom appendix. The effective daily recovery capacity for oil recovery
height (draft plus freeboard) must be included. A vessel owner or devices identified in the plan must be determined using the

423
criteria in section 6 of this appendix. identified for the applicable geographic area must be capable of
operating in waters of 6 feet or less depth:
4.4 In addition to oil recovery capacity, the vessel owner or
operator must identify in the response plan and ensure the (i) Open oceannone.
availability of, through contract or other approved means,
sufficient boom available within the required response times for oil (ii) Offshore10 percent.
connection and containment, and for protection of shoreline areas.
While the regulation does not set required quantities of boom for (iii) Nearshore, inland, Great Lakes, and rivers and canals20
oil collection and containment, the owner or operator of a vessel percent.
must still identify in a response plan and ensure, through contract
or other approved means, the availability of the boom identified in 5.6 In addition to oil spill recovery devices and temporary
the plan for this purpose. storage capacity, a vessel owner or operator, as applicable under
the regulations prescribed in this part, must identify in the
4.5 The plan must indicate the availability of temporary storage response plan and ensure the availability of, through contract or
capacity to meet the requirements of section 9.2 of this appendix. other approved means, sufficient boom that can arrive on scene
If available storage capacity is insufficient to meet this within the required response times for oil containment and
requirement, the effective daily recovery capacity must be collection. The specific quantity of boom required for collection
downgraded to the limits of the available storage capacity. and containment will depend on the specific recovery equipment
and strategies employed. Table 2 of this appendix lists the
4.6 The following is an example of a maximum most probable minimum quantities of additional boom required for shoreline
discharge volume planning calculation for equipment identification protection that a vessel owner or operator must identify in the
in a higher volume port area: response plan and ensure the availability of, through contract or
other approved means.
The vessel's cargo capacity is 10,000 barrels, thus the planning
volume is 10 percent or 1,000 barrels. The effective daily recovery 5.7 A vessel owner or operator, as applicable under the
capacity must be 50 percent of the planning volume, for 500 regulations prescribed in this part, must also identify in the
barrels per day. The ability of oil recovery devices to meet this response plan and ensure, by contract or other approved means,
capacity will be calculated using the procedures in section 6 of the availability of an oil spill removal organization capable of
this appendix. Temporary storage capacity available on scene responding to a shoreline cleanup operation involving the
must equal twice the daily recovery capacity as indicated in calculated volume of emulsified oil that might impact the affected
section 9 of this appendix, or 1000 barrels per day. This figure shoreline. The volume of oil for which a vessel owner or operator
would represent the information the vessel owner or operator should plan for should be calculated through the application of
would use to identify and ensure the availability of, through factors contained in Tables 3 and 4 of this appendix. The volume
contract or other approved means, the required response calculated from these tables is intended to assist the vessel
resources. The vessel owner would also need to identify how owner or operator in identifying a contractor with sufficient
much boom was available for use. resources. This planning volume is not used explicitly to
determine a required amount of equipment and personnel.
5. Determining Response Resources Required for the Worst
Case Discharge to the Maximum Extent Practicable 6. Determining Effective Daily Recovery Capacity for Oil Recovery
Devices
5.1 A vessel owner or operator, as applicable under the
regulations prescribed in this part, must identify and ensure, by 6.1 Oil recovery devices identified by a vessel owner or operator
contract or other approved means, that sufficient response must be identified by manufacturer, model, and effective daily
resources are available to respond to the worst case discharge of recovery capacity. These capacities must be to meet the
oil to the maximum extent practicable. Section 7 of this appendix applicable planning criteria for the average most probable
describes the method to determine the required response discharge; maximum most probable discharge; and worst case
resources. discharge to the maximum extent practicable.

5.2 Oil spill recovery devices identified to meet the applicable 6.2 For the purposes of determining the effective daily recovery
worst case discharge planning volume must be located such that capacity of oil recovery devices, the following method will be used.
they can arrive at the scene of a discharge within the time This method considers potential limitations due to available
specified for the applicable response tier listed in 155.1050(g) daylight, weather, sea state, and percentage of emulsified oil in
and 155.5050(g). the recovered material. The Coast Guard may assign a lower
efficiency factor to equipment listed in a response plan if it
5.3 The effective daily recovery capacity for oil recovery devices determines that such a reduction is warranted.
identified in a response plan must be determined using the criteria
in section 6 of this appendix. A vessel owner or operator, as 6.2.1 The following formula must be used to calculate the
applicable under the regulations prescribed in this part, must effective daily recovery capacity:
identify the storage locations of all equipment that must be used
to fulfill the requirements for each tier. R=T24E

5.4 A vessel owner or operator, as applicable under the REffective daily recovery capacity
regulations prescribed in this part, must identify the availability of
temporary storage capacity to meet the requirements of section TThroughput rate in barrels per hour (nameplate capacity)
9.2 of this appendix. If available storage capacity is insufficient to
meet this requirement, then the effective daily recovery capacity E20% efficiency factor (or lower factor as determined by the
must be downgraded to the limits of the available storage capacity. Coast Guard)

5.5 When selecting response resources necessary to meet the 6.2.2 For those devices in which the pump limits the throughput
response plan requirements, the vessel owner or operator, as of liquid, throughput rate will be calculated using the pump
applicable under the regulations prescribed in this part, must capacity.
ensure that a portion of those resources are capable of being
used in close-to-shore response activities in shallow water. The 6.2.3 For belt or mop type devices, the throughput rate will be
following percentages of the on-water response equipment

424
calculated using data provided by the manufacturer on the the environment due to evaporation and natural dissipation,
nameplate rated capacity for the device. potential increases in volume due to emulsification, and the
potential for deposit of some oil on the shoreline.
6.2.4 Vessel owners or operators including in the response plan
oil recovery devices whose throughput is not measurable using a 7.2 The following procedures must be used to calculate the
pump capacity or belt or mop capacity may provide information to planning volume used by a vessel owner or operator, as
support an alternative method of calculation. This information applicable under the regulations prescribed in this part, for
must be submitted following the procedures in section 6.5 of this determining required on-water recovery capacity:
appendix.
7.2.1 The following must be determined: the total volume of oil
6.3 As an alternative to section 6.2 of this appendix, a vessel cargo carried; the appropriate cargo group for the type of
owner or operator may submit adequate evidence that a different petroleum oil carried [persistent (groups II, III, and IV) or non-
effective daily recovery capacity should be applied for a specific persistent (group I)]; and the geographic area(s) in which the
oil recovery device. Adequate evidence is actual verified vessel operates. For vessels carrying mixed cargoes from
performance data in spill conditions or test using certain ASTM different petroleum oil groups, each group must be calculated
standards [ASTM F 631 (incorporated by reference, see 155.140) separately. This information is to be used with Table 3 of this
Standard Method for Testing Full Scale Advancing Spill Removal appendix to determine the percentages of the total cargo volume
Devices], or an equivalent test approved by the Coast Guard. to be used for removal capacity planning. This table divides the
cargo volume into three categories: oil lost to the environment; oil
6.3.1 The following formula must be used to calculate the deposited on the shoreline; and oil available for on-water recovery.
effective daily recovery capacity under this alternative:
7.2.2 The on-water oil recovery volume must be adjusted using
R=DU the appropriate emulsification factor found in Table 4 of this
appendix.
REffective daily recovery capacity
7.2.3 The adjusted volume is multiplied by the on-water oil
DAverage Oil Recovery Rate in barrels per hour (Item recovery resource mobilization factor found in Table 5 of this
13.2.16 in ASTM F 631; or actual performance data) appendix from the appropriate operating area and response tier to
determine the total on-water oil recovery capacity in barrels per
UHours per day that a vessel owner or operator can day that must be identified or contracted for to arrive on scene
document capability to operate equipment under spill within the applicable time for each response tier. Table 5 specifies
conditions. Ten hours per day must be used unless a vessel three tiers. For higher volume port areas, the contracted tiers of
owner or operator can demonstrate that the recovery operation resources must be located such that they can arrive on scene
can be sustained for longer periods. within 12, 36, and 60 hours of the discovery of an oil discharge.
For the Great Lakes, these tiers are 18, 42, and 66 hours. For
6.4 A vessel owner or operator submitting a response plan shall rivers and canals, inland, nearshore, and offshore, these tiers are
provide data that supports the effective daily recovery capacities 24, 48, and 72 hours. For the open ocean area, these tiers are 24,
for the oil recovery devices listed. The following is an example of 48, and 72 hours with an additional travel time allowance of 1
these calculations: hour for every additional 5 nautical miles from shore. For nontank
vessels, only Tier 1 is specified.
A weir skimmer identified in a response plan has a manufacturer's
rated throughput at the pump of 267 gallons per minute (gpm). 7.2.4 The resulting on-water recovery capacity in barrels per day
for each tier is used to identify response resources necessary to
267 gpm=381 barrels per hour sustain operations in the applicable geographic area. The
equipment must be capable of sustaining operations for the time
R=38124.2=1,829 barrels per day period specified in Table 3 of this appendix. A vessel owner or
operator, as applicable under the regulations prescribed in this
After testing using ASTM procedures, the skimmer's oil recovery part, must identify and ensure the availability of, through contract
rate is determined to be 220 gpm. The vessel owner or operator or other approved means, sufficient oil spill recovery devices to
identifies sufficient resources available to support operations 12 provide the effective daily oil recovery capacity required. If the
hours per day. required capacity exceeds the applicable cap described in Table 6
of this appendix, then a vessel owner or operator must contract
220 gpm=314 barrels per hour only for the quantity of resources required to meet the cap, but
must identify sources of additional resources as indicated in
R=31412=3,768 barrels per day 155.1050(p). For a vessel that carries multiple groups of oil, the
required effective daily recovery capacity for each group is
A vessel owner or operator will be able to use the higher capacity calculated and summed before applying the cap.
if sufficient temporary oil storage capacity is available.
7.3 The following procedures must be used to calculate the
6.5 Determinations of alternative efficiency factors under section planning volume for identifying shoreline cleanup capacity:
6.2 or alternative effective daily recovery capacities under section
6.3 of this appendix will be made by Commandant (CG-CVC-1), 7.3.1 The following must be determined: The total volume of oil
Attn: Vessel Response Plans, U.S. Coast Guard Stop 7501, 2703 carried; the appropriate group for the type of petroleum oil carried
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501 [persistent (groups II, III, and IV) or non-persistent (group I)]; and
or vrp@uscg.mil. Oil spill removal organizations or equipment the geographic area(s) in which the vessel operates. For a vessel
manufacturers may submit required information on behalf of carrying different oil groups, each group must be calculated
multiple vessel owners or operators. separately. Using this information, Table 3 of this appendix must
be used to determine the percentages of the total oil volume to be
7. Calculating the Worst Case Discharge Planning Volumes used for shoreline cleanup resource planning.

7.1 A vessel owner or operator, as applicable under the 7.3.2 The shoreline cleanup planning volume must be adjusted
regulations prescribed in this part, must plan for a response to a to reflect an emulsification factor using the same procedure as
vessel's worst case discharge oil planning volume. The planning described in section 7.2.2 of this appendix.
for on-water recovery must take into account a loss of some oil to

425
7.3.3 The resulting volume will be used to identify an oil spill
removal organization with the appropriate shoreline cleanup Open ocean 28,000 .06 .10 .12
capability.
equals (barrels per day)
7.4 The following is an example of the procedure described
above: Inland/Nearshore 10,500 17,500 28,000

Offshore 5,600 9,240 11,760


A vessel with a 100,000 barrel capacity for #6 oil (specific
gravity .96) will move from a higher volume port area to another
Open ocean 1,680 2,800 3,360
area. The vessel's route will be 70 miles from shore.
Since the requirements for Tier 1 for inland and nearshore exceed
Cargo carried: 100,000 bbls. Group IV oil Emulsification factor the caps, the vessel owner would only need to contract for 10,000
(from Table 4 of this appendix): 1.4 Areas transited: Inland, barrels per day for Tier 1. No additional equipment would be
Nearshore, Offshore, Open ocean required to be identified because the required Tier 3 resources
are below the Tier 3 caps.
Planned % on-water recovery (from Table 3 of this appendix):
10% of the on-water recovery capability for offshore, and 20% of
Inland 50% the capability for inland/nearshore, for all tiers, must be capable of
operating in water with a depth of 6 feet or less.
Nearshore 50%
The vessel owner or operator would also be required to identify or
Offshore 40% contract for quantities of boom identified in Table 2 of this
appendix for the areas in which the vessel operates.
Open ocean 20%
8. Determining the Capability of High-Rate Response Methods
Planned % oil onshore recovery (from Table 3 of this appendix):
8.1 Calculate cumulative dispersant application capacity
Inland 70% requirements as follows:

Nearshore 70% 8.1.1 A vessel owner or operator, as applicable under the


regulations prescribed in this part, must plan either for a
Offshore 30% dispersant capacity to respond to a vessel's worst case discharge
of oil, or for the amount of the dispersant resource capability as
Open ocean 30% required by 155.1050(k)(3) of this subchapter, whichever is the
lesser amount. When planning for the cumulative application
General formula to determine planning volume: capacity that is required, the calculations should account for the
loss of some oil to the environment due to natural dissipation
(planning volume)=(capacity)(% from Table 3 of this causes (primarily evaporation). The following procedure should be
appendix)(emulsification factor from Table 4 of this appendix) used to determine the cumulative application requirements:

Planning volumes for on-water recovery: 8.1.2 Determine the WCD volume of oil carried in gallons, and
the appropriate oil group for the type of petroleum oil carried
Inland 100,000.51.4=70,000 bbls (Groups II, III, IV). For vessels carrying different oil groups,
assume a WCD using the oil group that constitutes the largest
Nearshore 100,000.51.4=70,000 bbls portion of the oil being carried, or the oil group with the smallest
natural dissipation factor;
Offshore 100,000.41.4=56,000 bbls
8.1.3 Multiply the WCD in gallons by the natural dissipation
Open ocean 100,000.21.4=28,000 bbls factor for the appropriate oil group as follows: Group II factor is
0.50; Group III factor is 0.30; and Group IV factor is 0.10. This
Planning volumes for on shore recovery: represents the amount of oil that can be expected to be lost to
natural dissipation. Subtract the WCD lost to natural dissipation
Inland 100,000.71.4=98,000 bbls from the total oil amount carried to determine the remaining oil
available for treatment by dispersant-application; and
Nearshore 100,000.71.4=98,000 bbls
8.1.4 Multiply the oil available for dispersant treatment by the
Offshore 100,000.31.4=42,000 bbls dispersant to oil planning application ratio of 1 part dispersant to
20 parts oil (0.05). The resulting number represents the
The vessel owner or operator must contract with a response cumulative total dispersant-application capability that must be
resource capable of managing a 98,000-barrel shoreline cleanup ensured available within the first 60 hours.
in those areas where the vessel comes closer than 50 miles to
shore. 8.1.5(i) The following is an example of the procedure described
in paragraphs 8.1.1 through 8.1.4 above: A vessel with a
Determining required resources for on-water recovery for each 1,000,000 gallons capacity of crude oil (specific gravity 0.87) will
tier using mobilization factors: (barrel per day on-water recovery transit through an area with pre-authorization for dispersant use in
requirements)=(on-water planning volume as calculated the nearshore environment on the U.S. East Coast.
above)(mobilization factor from Table 5 of this appendix).
WCD: 1,000,000 gallons, Group III oil.
Tier 1 Tier 2 Tier 3
Natural Dissipation Factor for Group III: 30 percent.
Inland/Nearshore 70,000 .15 .25 .40
General formula to determine oil available for dispersant
Offshore 56,000 .10 .165 .21 treatment: ((WCD)[(WCD) (natural dissipation factor)] =
available oil.

426
E.g., 1,000,000 gal(1,000,000 gal 0.30) = 700,000 gallons of or port locations, and for planning purposes, a 50 mile from shore
available oil. dispersant application site. The 50 mile offshore site used in the
DMP2 would be the location furthest from the primary dispersant
Cumulative application capacity = Available oil planning staging site identified in the vessel response plan.
application ratio (1 gal dispersant/20 gals oil = 0.05).
8.2.4 For each Captain of the Port Zone where a dispersant
E.g., 700,000 gal oil (0.05) = 35,000 gallons cumulative response capability is required, the response plan must identify
dispersant-application capacity. the following:

(ii) The requirements for cumulative dispersant-application 8.2.4.1 The type, number, and location of each dispersant
capacity (35,000) for this vessel's WCD is less than the overall application platform intended for use in meeting dispersant
dispersant capability cap for non-Gulf Coast waters required by delivery requirements specified in 155.1050(k)(3) of this chapter;
155.1050(k) of this chapter. Because paragraph 8.1.1 of this
appendix requires owners and operators to ensure the availability 8.2.4.2 The amount and location of available dispersant
of the lesser of a vessel's dispersant requirements for WCD or the stockpiles to support each platform; and
amount of the dispersant cap provided for in 155.1050(k)(3), the
vessel in this example would be required to ensure the availability 8.2.4.3 A primary staging site for each platform that will serve as
of 35,000 gallons of dispersant. More specifically, this vessel its base of operations for the duration of the response.
would be required to meet the following tier requirements in
155.1050(k), which total 35,000 gallons application: 8.3 In addition to the equipment and supplies required, a vessel
owner or operator must identify a source of support to conduct the
Tier1 4,125 gallonsCompleted in 12 hours. monitoring and post-use effectiveness evaluation required by
applicable Local and Area Contingency Plans.
Tier2 23,375 gallonsCompleted in 36 hours.
8.4 Identification of the resources for dispersant application does
Tier3 7,500 gallonsCompleted in 60 hours. not imply that the use of this technique will be authorized. Actual
authorization for use during a spill response will be governed by
8.2 Determining Effective Daily Application Capacities EDACs the provisions of the National Oil and Hazardous Substances
for dispersant response systems as follows: Contingency Plan (40 CFR part 300) and the applicable Local or
Area Contingency Plan.
8.2.1 EDAC planning estimates for compliance with the
dispersant application requirements in 155.1050(k)(3) are to be 9. Additional Equipment Necessary To Sustain Response
based on: Operations

8.2.1.1 The spill occurring at sites 50 nautical miles off shore 9.1 A vessel owner or operator is responsible for ensuring that
furthest from the primary dispersant staging site(s); sufficient numbers of trained personnel, boats, aerial spotting
aircraft, sorbent materials, boom anchoring materials, and other
8.2.1.2 Specific dispersant application platform operational resources are available to sustain response operations to
characteristics identified in the Dispersant Mission Planner 2 or as completion. All such equipment must be suitable for use with the
demonstrated by operational tests; primary equipment identified in the response plan. A vessel owner
or operator is not required to list these resources in the response
8.2.1.3 Locations of primary dispersant staging sites; and plan, but shall certify their availability.

8.2.1.4 Locations and quantities of dispersant stockpiles. 9.2 A vessel owner or operator shall evaluate the availability of
adequate temporary storage capacity to sustain the effective daily
8.2.2 EDAC calculations with supporting documentation must be recovery capacities from equipment identified in the plan.
submitted to the NSFCC for classification as a Dispersant Oil Spill Because of the inefficiencies of oil spill recovery devices,
Removal Organization. response plans must identify daily storage capacity equivalent to
twice the effective daily recovery capacity required on scene. This
8.2.3(i) EDAC can also be calculated using the Dispersant temporary storage capacity may be reduced if a vessel owner or
Mission Planner 2 (DMP2). The DMP2 is a downloadable operator can demonstrate by waste stream analysis that the
application that calculates EDAC for different dispersant response efficiencies of the oil recovery devices, ability to decant water, or
systems. It is located on the Internet at: the availability of alternative temporary storage or disposal
http://www.response.restoration.noaa.gov/spilltools locations in the area(s) the vessel will operate will reduce the
overall volume of oily material storage requirements.
(ii) The DMP2 contains operating information for the vast majority
of dispersant application platforms, to include aircraft, both rotary 9.3 A vessel owner or operator shall ensure that their planning
and fixed wing, and vessels. The DMP2 produces EDAC includes the capability to arrange for disposal of recovered oil
estimates by performing calculations that are based on products. Specific disposal procedures will be addressed in the
performance parameters of dispersant application platforms, applicable Area Contingency Plan.
locations of primary dispersant staging sites, home based airport

TABLE 1.-RESPONSE RESOURCE OPERATING CRITERIA


[Oil Recovery Devices]
Significant Wave Height 1
Operating Environment Sea State
(feet)

Rivers & Canals 1 1

Inland 3 2

Great Lakes 4 2-3

427
Ocean 6 3-4

[Boom]
Use
Boom Property
Rivers & Canals Inland Great Lakes Ocean

Significant Wave 1,2 Height (feet) 1 3 4 6

Sea State 1 2 2-3 3-4

Boom heightin. 6-18 18-42 18-42 42

(draft plus freeboard)

Reserve Buoyancy to Weight Ratio 2:1 2:1 2:1 3:1 to 4:1

Total Tensile Strengthlbs. 4,500 15-20,000 15-20,000 >20,000

Skirt Fabric Tensile Strengthlbs. 200 300 300 500

Skirt Fabric Tear Strengthlbs. 100 100 100 125


1
Oil recovery devices and boom must be at least capable of operating in wave heights up to and including the values listed in Table 1
for each operating environment.
2
Equipment identified as capable of operating in waters of 6 feet or less depth are exempt from the significant wave height planning
requirement.
Table 2Shoreline Protection Requirements

Boom Availability hours


Location
Ensured by contract or other approved means (ft.) Higher volume port area Other areas

Persistent Oils

Open Ocean

Offshore 15,000 24 48

Nearshore/Inland/Great Lakes 30,000 12 24

Rivers & Canals 25,000 12 24

Non-Persistent Oils

Open Ocean

Offshore

Nearshore/Inland/Great Lakes 10,000 12 24

Rivers & Canals 15,000 12 24

428
Table 4Emulsification Factors for Petroleum Oil Cargo Groups

Non-persistent oil 72 G:

Group I 1.0

Persistent oil:

Group II 1.8

Group III 2.0

Group IV 1.4

429
Table 5On-Water Oil Recovery Resource Mobilization Factors

Area Tier 1 Tier 2 Tier 3

Rivers and Canals .30 .40 .60

Inland/Nearshore/Great Lakes .15 .25 .40

Offshore .10 .165 .21

Ocean .06 .10 .12

Note: These mobilization factors are for total resources mobilized, not incremental resources.

Table 6Response Capability Caps by Geographic Area

Tier 1 Tier 2 Tier 3

As of February 18, 1993:

All except rivers & canals & Great Lakes 10K bbls/day 20K bbls/day 40K bbls/day.

Great Lakes 5K bbls/day 10K bbls/day 20K bbls/day.

Rivers & canals 1,500 bbls/day 3,000 bbls/day 6,000 bbls/day.

February 18, 1998:

All except rivers & canals & Great Lakes 12.5K bbls/day 25K bbls/day 50K bbls/day.

Great Lakes 6.35K bbls/day 12.5K bbls/day 25K bbls/day.

Rivers & canals 1,875 bbls/day 3,750 bbls/day 7,500 bbls/day.

February 18, 2003

All except rivers & canals & Great Lakes 12.5K bbls/day 25K bbls/day 50K bbls/day.

Great Lakes 6.25K bbls/day 12.3K bbls/day 25K bbls/day.

Rivers & canals 1,875 bbls/day 3,750 bbls/day 7,500 bbls/day.

Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.

K = Thousand

bbls = Barrels

TBD = To be determined

[CGD 91-034, 61 FR 1100, Jan. 12, 1996, as amended by CGD 96-026, 61 FR 33666, June 28, 1996; USCG-1999-5151, 64 FR
67176, Dec. 1, 1999; USCG-2005-21531, 70 FR 36349, June 23, 2005; USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-
2001-8661, 74 FR 45029, Aug. 31, 2009; USCG-2010-0351, 75 FR 36285, June 25, 2010; USCG-2008-1070, 78 FR 60134, Sept.
30, 2013; USCG-2014-0410, 79 FR 38437, July 7, 2014]

Appendix C To Part 155-Training Elements For 1.2 The training section of the plan need not be a detailed
course syllabus, but it must contain sufficient information to allow
Oil Spill Response Plans the user and reviewer (or evaluator) to have an understanding of
1. General those areas that are believed to be critical. Plans should identify
key skill areas and the training that is required to ensure that the
1.1 The portion of the plan dealing with training is one of the key individual identified will be capable of performing the duties
elements of a response plan. This concept is clearly expressed by prescribed to them. It should also describe how the training will be
the fact that Congress, in writing the Oil Pollution Act of 1990, delivered to the various personnel. Further, this section of the
specifically included training as one of the sections required in a plan must work in harmony with those sections of the plan dealing
vessel or facility response plan. In reviewing submitted response with exercises, the spill management team, and the qualified
plans, it has been noted that the plans often do not provide individual.
sufficient information in the training section of the plan for either
the user or the reviewer of the plan. In some cases, plans simply 1.3 The material in this appendix C is not all-inclusive and is
state that the crew and others will be training in their duties and provided for guidance only.
responsibilities, with no other information being provided. In other
plans, information is simply given that required parties will receive 2. Elements To Be Addressed
the necessary worker safety training (HAZWOPER).

430
2.1 To assist in the preparation of the training section of a vessel including familiarity with
response plan, some of the key elements that should be
addressed are indicated in the following sections. Again, while it is 2.2.15.1 Cargo material safety data sheets (including oil carried
not necessary that the comprehensive training program for the as fuel);
company be included in the response plan, it is necessary for the
plan to convey the elements that define the program as 2.2.15.2 Chemical characteristics of all oils carried as fuel or
appropriate. cargo;

2.2 An effective spill response training program should consider 2.2.15.3 Special handling procedures for all oils carried as fuel
and address the following: or cargo;

2.2.1 Notification requirements and procedures. 2.2.15.4 Health and safety hazards associated with all oils
carried as fuel or cargo; and
2.2.2 Communication system(s) used for the notifications.
2.2.15.5 Spill and firefighting procedures for all oils carried as
2.2.3 Procedures to mitigate or prevent any discharge or a fuel or cargo.
substantial threat of a discharge of oil resulting from
2.2.16 Occupational Safety and Health Administration
2.2.3.1 Operational activities associated with internal or external requirements for worker health and safety (29 CFR 1910.120).
fuel and cargo transfers;
3. Further Considerations
2.2.3.2 Grounding or stranding;
In drafting the training section of the response plan, some further
2.2.3.3 Collision; considerations are noted below (these points are raised simply as
a reminder):
2.2.3.4 Explosion or fire;
3.1 The training program should focus on training provided to
2.2.3.5 Hull failure; vessel personnel.

2.2.3.6 Excessive list; or 3.2 An organization is comprised of individuals, and a training


program should be structured to recognize this fact by ensuring
2.2.3.7 Equipment failure. that training is tailored to the needs of the individuals involved in
the program.
2.2.4 Procedures and arrangements for emergency towing.
3.3 An owner or operator may identify equivalent work
2.2.5 When performing shipboard mitigation measures experience which fulfills specific training requirements.

2.2.5.1 Ship salvage procedures; 3.4 The training program should include participation in periodic
announced and unannounced exercises. This participation should
2.2.5.2 Damage stability; and approximate the actual roles and responsibilities of individuals as
specified in the response plan.
2.2.5.3 Hull stress considerations.
3.5 Training should be conducted periodically to reinforce the
2.2.6 Procedures for transferring responsibility for direction of required knowledge and to ensure an adequate degree of
response activities from vessel and facility personnel to the spill preparedness by individuals with responsibilities under the vessel
management team. response plan.

2.2.7 Familiarity with the operational capabilities of the 3.6 Training may be delivered via a number of different means;
contracted oil spill removal organizations and the procedures to including classroom sessions, group discussions, video tapes,
notify and activate such organizations. self study workbooks, resident training courses, on-the-job
training, or other means as deemed appropriate to ensure proper
2.2.8 Familiarity with the contracting and ordering procedures to instruction.
acquire oil spill removal organization resources.
3.7 New employees should complete the training program prior
2.2.9 Familiarity with the Area Contingency Plans. to being assigned job responsibilities which require participation in
emergency response situations.
2.2.10 Familiarity with the organizational structures that will be
used to manage the response actions. 4. Conclusion

2.2.11 Responsibilities and duties of the spill management team The information in this appendix is only intended to assist
members in accordance with designated job responsibilities. response plan preparers in reviewing the content of and in
modifying the training section of their response plans. It may be
2.2.12 Responsibilities and authority of the qualified individual as more comprehensive than is needed for some vessels and not
described in the vessel response plan and company response comprehensive enough for others. The Coast Guard expects that
organization. plan preparers have determined the training needs of their
organizations created by the development of the response plans
2.2.13 Responsibilities of designated individuals to initiate a and the actions identified as necessary to increase the
response and supervise shore-based response resources. preparedness of the company and its personnel to respond to
actual or threatened discharges of oil from their vessels.
2.2.14 Actions to take, in accordance with designated job
responsibilities, in the event of a transfer system leak, tank [CGD 91-034, 61 FR 1107, Jan. 12, 1996, as amended by USCG-
overflow, or suspected fuel or cargo tank or hull leak. 2008-1070, 78 FR 60135, Sept. 30, 2013]

2.2.15 Information on the oil handled by the vessel or facility,

431
Part 156-Oil And Hazardous Material Transfer Operations
Table of Contents (1) Compliance with the requirement is economically or physically
impractical;
Subpart A-Oil And Hazardous Material Transfer (2) The vessel or facility operator submits a written request for the
alternative at least 30 days before operations under the
Operations alternative are proposed, unless the COTP authorizes a shorter
Sec. time; and
156.100 Applicability.
156.105 Definitions. (3) The alternative provides an equivalent level of safety and
156.107 Alternatives. protection from pollution by oil or hazardous material, which is
156.110 Exemptions. documented in the request.
156.111 Incorporation By Reference.
156.112 Suspension Order. (b) The COTP takes final approval or disapproval action on any
156.113 Compliance With Suspension Order. alternative requested, in writing, within 30 days of receipt of the
156.115 Person In Charge: Limitations. request.
156.118 Advance Notice Of Transfer.
156.120 Requirements For Transfer. [CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD
156.125 Discharge Cleanup. 86-034, 55 FR 36255, Sept. 4, 1990]
156.130 Connection.
156.150 Declaration Of Inspection. 156.110 Exemptions.
156.160 Supervision By Person In Charge. (a) The Assistant Commandant for Marine Safety, Security and
156.170 Equipment Tests And Inspections. Environmental Protection, acting for the Commandant, may grant
an exemption or partial exemption from compliance with any
Subpart B-Special Requirements For Lightering requirement in this part, and the District Commander may grant
an exemption or partial exemption from compliance with any
Of Oil And Hazardous Material Cargoes operating condition or requirement in subpart C of this part, if:
156.200 Applicability.
156.205 Definitions. (1) The vessel or facility operator submits an application for
156.210 General. exemption via the COTP at least 30 days before operations under
156.215 Pre-Arrival Notices. the exemption are proposed, unless the COTP authorizes a
156.220 Reporting Of Incidents. shorter time; and
156.225 Designation Of Lightering Zones.
156.230 Factors Considered In Designating Lightering Zones. (2) It is determined, from the application, that:

Subpart C-Lightering Zones And Operational (2)(i) Compliance with a specific requirement is economically or
physically impractical;
Requirements For The Gulf Of Mexico
156.300 Designated Lightering Zones. (2)(ii) No alternative procedures, methods, or equipment
156.310 Prohibited Areas. standards exist that would provide an equivalent level of safety
156.320 Maximum Operating Conditions. and protection from pollution by oil or hazardous material; and
156.330 Operations.
(2)(iii) The likelihood of oil or hazardous material being discharged
Authority: 33 U.S.C. 1225, 1231, 1321(j); 46 U.S.C. 3703, 3703a, as a result of the exemption is minimal.
3715; E.O. 11735, 3 CFR 1971-1975 Comp., p. 793; Department
of Homeland Security Delegation No. 0170.1 (b) If requested, the applicant must submit any appropriate
information, including an environmental and economic
assessment of the effects of and reasons for the exemption and
Subpart A-Oil And Hazardous Material Transfer proposed procedures, methods or equipment standards.

Operations (c) The exemption may specify the procedures, methods, or


equipment standards that will apply.
156.100 Applicability.
This subpart applies to the transfer of oil or hazardous material on (d) An exemption is granted or denied in writing. The decision of
the navigable waters or contiguous zone of the United States to, the Assistant Commandant for Marine Safety, Security and
from, or within each vessel with a capacity of 250 barrels or more; Environmental Protection is a final agency action.
except that, this subpart does not apply to transfer operations
within a public vessel. [CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD
88-052, 53 FR 25122, July 1, 1988; CGD 86-034, 55 FR 36255,
[CGD 86-034, 55 FR 36255, Sept. 4, 1990] Sept. 4, 1990; 60 FR 45006, Aug. 29, 1995; 61 FR 33660, June
28, 1996; 61 FR 41452, Aug. 8, 1996; 62 FR 33359, June 19,
156.105 Definitions. 1997; 67 FR 41329, June 18, 2002]
Except as specifically stated in a section, the definitions in
154.105 of this chapter apply to this subpart. 156.111 Incorporation by reference.
(a) Certain material is incorporated by reference into this part with
[CGD 90-071a, 59 FR 53291, Oct. 21, 1994] the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
156.107 Alternatives. specified in this section, the Coast Guard must publish notice of
(a) The COTP may consider and approve alternative procedures, change in the Federal Register and the material must be available
methods, or equipment standards to be used by a vessel or to the public. All approved material is available for inspection at
facility operator in lieu of any requirements in this part if: the U.S. Coast Guard, Office of Vessel Activities (CG-CVC), 2703
Martin Luther King Jr. Avenue SE., Washington, DC 20593,

432
telephone 202-372-1251, and is available from the sources listed order is effective until that order is withdrawn by the applicable
below. It is also available for inspection at the National Archives COTP, OCMI, or by the District Commander.
and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030 or go to: (b) The vessel or facility operator may request reconsideration of
http://www.archives.gov/federal_register/code_of_federal_regulati the suspension order either orally or in writing to the COTP or
ons/ibr_locations.html. OCMI who issued it. The request may contain supporting
documentation and evidence that the vessel or facility operator
(b) International Chamber of Shipping, 12 Carthusian Street, wishes to have considered.
London EC1M 6EB, England, telephone +44 20 7417 8844,
http://www.marisec.org/. (c) Any person not satisfied with a ruling made under the
procedure contained in paragraph (b) of this section may appeal
(1) Guide to Helicopter/Ship Operations, Fourth Edition, 2008, that ruling in writing, except as allowed under paragraph (e) of this
incorporation by reference approved for 156.330(c). section, to the Coast Guard District Commander of the district in
which the suspension order was issued. The appeal may contain
(2) [Reserved] supporting documentation and evidence that the appellant wishes
to have considered. The appeal does not stay the effect of the
(c) International Maritime Organization (IMO), 4 Albert suspension order while the COTP or OCMI ruling is being
Embankment, London SE1 7SR, United Kingdom, telephone reviewed. The District Commander issues a ruling after reviewing
+44(0)20 7735 7611, http://www.imo.org/. the appeal.

(1) Manual on Oil Pollution, Section I: Prevention, Second Edition, (d) The ruling by the District Commander is final agency action.
2011, incorporation by reference approved for 156.410(c) and (f).
(e) If the delay in presenting a written appeal under paragraph (c)
(2) [Reserved] of this section would have a significant adverse impact on the
appellant, the appeal may initially be presented orally. If an initial
(d) Oil Companies International Marine Forum (OCIMF), 15th presentation of the appeal is made orally, the appellant must
Floor, 96 Victoria Street, London SW1E 5JW, England, telephone submit the appeal in writing within five days of the oral
+44(0)20 7654 1200, http://www.ocimf.com/. presentation to the District Commander to whom the oral appeal
was made, containing, at a minimum the basis for the appeal and
(1) Ship to Ship Transfer Guide, (Petroleum), Fourth Edition, 2005, a summary of the material presented orally.
incorporation by reference approved for 156.330(b), 156.410(c)
and 156.410(f). [CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD
86-034, 55 FR 36255, Sept. 4, 1990]
(2) [Reserved]
156.115 Person In Charge: Limitations.
[CGD 93-081, 60 FR 45017, Aug. 29, 1995, as amended by CGD (a) No person may serve as the person in charge of transfer
96-026, 61 FR 33666, June 28, 1996; 69 FR 18803, Apr. 9, 2004; operations on more than one vessel at a time during transfers
USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-2010- between vessels or between two or more vessels and a facility
0351, 75 FR 36285, June 25, 2010; USCG-2014-0410, 79 FR unless authorized by the COTP.
38437, July 7, 2014]
(b) No person may serve as the person in charge of both a vessel
156.112 Suspension Order. and a facility during transfer operations unless authorized by the
The COTP or OCMI may issue a suspension order to suspend COTP.
transfer operations to the vessel or facility operator when the
COTP or OCMI finds there is a condition requiring action to [CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD
prevent the discharge or threat of discharge of oil or hazardous 86-034, 55 FR 36255, Sept. 4, 1990]
material, or when the COTP or OCMI is unable to verify
compliance with the regulations through an inspection. A 156.118 Advance Notice Of Transfer.
suspension order: (a) The COTP may require a facility operator to notify the COTP
of the time and place of each transfer operation at least 4 hours
(a) May be effective immediately; before it begins for facilities that:

(b) Is issued in writing unless it is effective immediately and then it (1) Are mobile;
may be issued orally and followed up in writing;
(2) Are in a remote location;
(c) Includes a statement of each condition requiring correction
to (3) Have a prior history of oil or hazardous material spills; or

(1) Prevent the discharge of oil or hazardous material; or (4) Conduct infrequent transfer operations.

(2) Comply with 154.735 of this chapter; and (b) In the case of a vessel to vessel transfer, the COTP may
require a vessel operator of a lightering or fueling vessel to notify
(d) Is withdrawn when the COTP, OCMI, or District Commander, the COTP of the time and place of each transfer operation, as
as applicable, determines that the condition requiring action to specified by the COTP, at least 4 hours before it begins.
prevent the discharge or threat of discharge of oil or hazardous
material has been corrected or no longer exists. (c) No person may conduct such transfer operations until advance
notice has been given as specified by the COTP.
[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD
86-034, 55 FR 36255, Sept. 4, 1990] NOTE: The notification may be accomplished by submitting a
written schedule, periodically updated to be current.
156.113 Compliance With Suspension Order.
(a) No vessel or facility operator to whom a suspension order has [CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD
been issued may conduct transfer operations from the time the 86-034, 55 FR 36255, Sept. 4, 1990]

433
156.120 Requirements For Transfer. (r) The emergency means of shutdown required by 154.550
A transfer is considered to begin when the person in charge on and 155.780 of this chapter, as applicable, is in position and
the transferring vessel or facility and the person in charge on the operable;
receiving facility or vessel first meet to begin completing the
declaration of inspection, as required by 156.150 of this part. No (s) There is a person in charge on the transferring vessel or
person shall conduct an oil or hazardous material transfer facility and the receiving vessel or facility except as otherwise
operation unless: authorized under 156.115;

(a) The vessel's moorings are strong enough to hold during all (t) Each person in charge required by paragraph (s) of this section:
expected conditions of surge, current, and weather and are long
enough to allow adjustment for changes in draft, drift, and tide (1) Is at the site of the transfer operation and immediately
during the transfer operation; available to the transfer personnel;

(b) Transfer hoses and loading arms are long enough to allow the (2) Has in his or her possession a copy of the facility operations
vessel to move to the limits of its moorings without placing strain manual or vessel transfer procedures, as appropriate; and
on the hose, loading arm, or transfer piping system;
(3) Conducts the transfer operation in accordance with the facility
(c) Each hose is supported to prevent kinking or other damage to operations manual or vessel transfer procedures, as appropriate;
the hose and strain on its coupling.
(u) The personnel required, under the facility operations manual
(d) Each part of the transfer system is aligned to allow the flow of and the vessel transfer procedures, to conduct the transfer
oil or hazardous material; operation:

(e) Each part of the transfer system not necessary for the transfer (1) Are on duty; and
operation is securely blanked or shut off;
(2) Conduct the transfer operation in accordance with the facility
(f) The end of each hose and loading arm that is not connected operations manual or vessel transfer procedures, as appropriate;
for the transfer of oil or hazardous material is blanked off using
the closure devices required by 154.520 and 155.805 of this (v) At least one person is at the site of the transfer operation who
chapter; fluently speaks the language or languages spoken by both
persons in charge;
(g) The transfer system is attached to a fixed connection on the
vessel and the facility except that when a vessel is receiving fuel, (w) The person in charge of the transfer on the transferring vessel
an automatic back pressure shutoff nozzle may be used; or facility and the person in charge of it on the receiving vessel or
facility have held a conference, to ensure that each person in
(h) Each overboard discharge or sea suction valve that is charge understands
connected to the vessel's transfer or cargo tank system is sealed
or lashed in the closed position; except when used to receive or (1) The identity of the product to be transferred;
discharge ballast in compliance with 33 CFR Part 157;
(2) The sequence of transfer operations;
(i) Each transfer hose has no unrepaired loose covers, kinks,
bulges, soft spots, or any other defect which would permit the (3) The transfer rate;
discharge of oil or hazardous material through the hose material
and no gouges, cuts, or slashes that penetrate the first layer of (4) The name or title and location of each person participating in
hose reinforcement (reinforcement means the strength members the transfer operation;
of the hose, consisting of fabric, cord and/or metal);
(5) Details of the transferring and receiving systems including
(j) Each hose or loading arm in use meets 154.500 and procedures to ensure that the transfer pressure does not exceed
154.510 of this chapter, respectively; the maximum allowable working pressure (MAWP) for each hose
assembly, loading arm and/or transfer pipe system;
(k) Each connection meets 156.130;
(6) Critical stages of the transfer operation;
(l) Any monitoring devices required by 154.525 of this chapter
are installed and operating properly; (7) Federal, state, and local rules that apply to the transfer of oil or
hazardous material;
(m) The discharge containment equipment required by 154.545
of this chapter is readily accessible or deployed as applicable; (8) Emergency procedures;

(n) The discharge containment required by 154.530, 155.310, (9) Discharge containment procedures;
and 155.320 of this chapter, as applicable, is in place and
periodically drained to provide the required capacity; (10) Discharge reporting procedures;

(o) Each drain and scupper is closed by the mechanical means (11) Watch or shift arrangement;
required by 155.310;
(12) Transfer shutdown procedures; and,
(p) All connections in the transfer system are leak free except that
a component in the transfer system, such as the packing glands (13) If the persons use radios, a predetermined frequency for
of a pump, may leak at a rate that does not exceed the capacity of communications during the transfer, agreed upon by both.
the discharge containment provided during the transfer operation;
(x) The person in charge of transfer operations on the transferring
(q) The communications required by 154.560 and 155.785 of vessel or facility and the person in charge of transfer operations
this chapter are operable for the transfer operation; on the receiving vessel or facility agree to begin the transfer
operation;

434
(y) Between sunset and sunrise the lighting required by 151.05 of this chapter, into a cargo tank, the overfill device
154.570 and 155.790 of this chapter is provided; and required by 155.480 of this chapter is installed and operating
properly.
(z) For transfer operations between tank barges from sunset to
sunrise, lighting is provided as described in 155.790 of this (cc) Smoking is not permitted in the facilities marine transfer area
chapter. except in designated smoking areas.

(aa) A transfer operation which includes collection of vapor (dd) Welding, hot work operations and smoking are prohibited on
emitted to or from a vessel's cargo tanks through a vapor control vessels during the transfer of flammable or combustible materials,
system (VCS) not located on the vessel must have the following except that smoking may be permitted in accommodation areas
verified by the person in charge: designated by the master.

(1) Each manual valve in the vapor collection system is correctly (Approved by the Office of Management and Budget under control
positioned to allow the collection of cargo vapor; number 1625-0039)

(2) A vapor collection hose or arm is connected to the vessel's [CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD
vapor connection; 88-102, 55 FR 25445, June 21, 1990; CGD 86-034, 55 FR 36255,
Sept. 4, 1990; CGD 90-071a, 59 FR 53291, Oct. 21, 1994; CGD
(3) The electrical insulating device required by 154.810(g) of this 93-056, 61 FR 41461, Aug. 8, 1996; CGD 79-116, 62 FR 25127,
chapter or 46 CFR 39.40-3(c) is fitted between the facility vapor May 8, 1997; USCG-2001-9046, 67 FR 58524, Sept. 17, 2002;
connection and the vessel vapor connection; USCG-2006-25150, 71 FR 39210, July 12, 2006; 73 FR 79316,
Dec. 29, 2008; USCG-1999-5150, 78 FR 42641, July 16, 2013]
(4) The initial transfer rate and the maximum transfer rate are
determined; 156.125 Discharge Cleanup.
(a) Each person conducting the transfer operation shall stop the
(5) The maximum and minimum operating pressures at the facility transfer operation whenever oil or hazardous material from any
vapor connection are determined; source is discharged:

(6) The tank barge overfill control system, if installed, is (1) In the transfer operation work area; or
connected to the facility, tested, and operating properly;
(2) Into the water or upon the adjoining shoreline in the transfer
(7) The following have been performed not more than 24 hours area.
prior to the start of the transfer operation or in accordance with 33
CFR 154.2150(b): (b) Except as permitted under paragraph (c) of this section, no
person may resume the transfer operation after it has been
(i) Each alarm and automatic shutdown system required by stopped under paragraph (a) of this section, unless:
subpart E of part 154 of this chapter and 46 CFR part 39 has
been tested and found to be operating properly, and (1) Oil or hazardous material discharged in the transfer operation
work area is cleaned up; and
(ii) Analyzers required by 33 CFR 154.2105(a) and (j) and
154.2107(d) and (e) or 46 CFR 39.40-3(a) have been checked for (2) Oil or hazardous material discharged into the water or upon
calibration by use of a span gas; the adjoining shoreline is cleaned up, or is contained and being
cleaned up.
(8) Each vapor recovery hose has no unrepaired loose covers,
kinks, bulges, soft spots, or any other defect which would permit (c) The COTP may authorize resuming the transfer operation if it
the discharge of vapor through the hose material, and no external is deemed appropriate.
gouges, cuts, or slashes that penetrate the first layer of hose
reinforcement; and [CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD
86-034, 55 FR 36255, Sept. 4, 1990]
(9) The oxygen content in the vapor space of each of the vessel's
cargo tanks connected to the vapor collection system, if inerted, 156.130 Connection.
is (a) Each person who makes a connection for transfer operations
shall:
(i) At or below 60 percent by volume of the cargo's minimum
oxygen concentration for combustion; or (1) Use suitable material in joints and couplings to ensure a leak-
free seal;
(ii) At or below 8 percent by volume, at the start of cargo transfer,
for vapor of crude oil, gasoline blends, or benzene; (2) Use a bolt in at least every other hole, and in no case less
than four bolts, in each temporary bolted connection that uses a
(10) The freezing point of each cargo has been determined. If flange that meets American National Standards Institute (ANSI)
there is a possibility that the ambient air temperature during standard flange requirements under 154.500(d)(2) of this
transfer operations will be at or below the freezing point of the chapter;
cargo, adequate precautions have been taken to prevent freezing
of vapor or condensate, or to detect and remove the liquid (3) Use a bolt in each hole in each temporary bolted connection
condensate and solids to prevent accumulation; that uses a flange other than one that meets ANSI standards;

(11) If the cargo has the potential to polymerize, adequate (4) Use a bolt in each hole of each permanently connected flange;
precautions have been taken to prevent and detect polymerization
of the cargo vapors; and (5) Use bolts of the correct size in each bolted connection; and

(12) The VCS has been cleaned, in accordance with 33 CFR (6) Tighten each bolt and nut uniformly to distribute the load and
154.2150(p), between transfers of incompatible cargoes. sufficiently to ensure a leak free seal.

(bb) If the transfer operation involves loading oil, as defined in (b) A person who makes a connection for transfer operations

435
must not use any bolt that shows signs of strain or is elongated or operation unless the person in charge, required by 156.120(s),
deteriorated. supervises that procedure.

(c) Except as provided in paragraph (d) of this section, no person (b) No person may start the flow of oil or hazardous material to or
may use a connection for transfer operations unless it is: from a vessel unless instructed to do so by either person in
charge.
(1) A bolted or full threaded connection; or
(c) No person may transfer oil or hazardous material to or from a
(2) A quick-connect coupling acceptable to the Commandant. vessel unless each person in charge is in the immediate vicinity
and immediately available to the transfer personnel.
(d) No person may transfer oil or hazardous material to a vessel
that has a fill pipe for which containment cannot practically be [CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD
provided unless an automatic back pressure shutoff nozzle is 86-034, 55 FR 36256, Sept. 4, 1990]
used.
156.170 Equipment Tests And Inspections.
[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD (a) Except as provided in paragraph (d) of this section, no person
86-034, 55 FR 36256, Sept. 4, 1990] may use any equipment listed in paragraph (c) of this section for
transfer operations unless the vessel or facility operator, as
156.150 Declaration Of Inspection. appropriate, tests and inspects the equipment in accordance with
(a) No person may transfer oil or hazardous material to or from a paragraphs (b), (c) and (f) of this section and the equipment is in
vessel unless each person in charge, designated under the condition specified in paragraph (c) of this section.
154.710 and 155.700 of this chapter, has filled out and signed
the declaration of inspection form described in paragraph (c) of (b) During any test or inspection required by this section, the
this section. entire external surface of the hose must be accessible.

(b) No person in charge may sign the declaration of inspection (c) For the purpose of paragraph (a) of this section:
unless he or she has determined by inspection, and indicated by
initialing in the appropriate space on the declaration of inspection (1) Each nonmetallic transfer hose must:
form, that the facility or vessel, as appropriate, meets 156.120.
(i) Have no unrepaired loose covers, kinks, bulges, soft spots or
(c) The declaration of inspection may be in any form but must any other defect which would permit the discharge of oil or
contain at least: hazardous material through the hose material, and no gouges,
cuts or slashes that penetrate the first layer of hose reinforcement
(1) The name or other identification of the transferring vessel or as defined in 156.120(i).
facility and the receiving vessel or facility;
(ii) Have no external deterioration and, to the extent internal
(2) The address of the facility or location of the transfer operation inspection is possible with both ends of the hose open, no internal
if not at a facility; deterioration;

(3) The date and time the transfer operation is started; (iii) Not burst, bulge, leak, or abnormally distort under static liquid
pressure at least 112 times the maximum allowable working
(4) A list of the requirements in 156.120 with spaces on the form pressure; and
following each requirement for the person in charge of the vessel
or facility to indicate by initialing that the requirement is met for (iv) Hoses not meeting the requirements of paragraph (c)(1)(i) of
the transfer operation; and this section may be acceptable after a static liquid pressure test is
successfully completed in the presence of the COTP. The test
(5) A space for the date, time of signing, signature, and title of medium is not required to be water.
each person in charge during transfer operations on the
transferring vessel or facility and a space for the date, time of (2) Each transfer system relief valve must open at or below the
signing, signature, and title of each person in charge during pressure at which it is set to open;
transfer operations on the receiving facility or vessel certifying that
all tests and inspections have been completed and that they are (3) Each pressure gauge must show pressure within 10 percent of
both ready to begin transferring product; and the actual pressure;

(6) The date and time the transfer operation is completed. (4) Each loading arm and each transfer pipe system, including
each metallic hose, must not leak under static liquid pressure at
(d) The form for the declaration of inspection may incorporate the least 112 times the maximum allowable working pressure; and
declaration-of-inspection requirements under 46 CFR 35.35-30.
(5) Each item of remote operating or indicating equipment, such
(e) The vessel and facility persons in charge shall each have a as a remotely operated valve, tank level alarm, or emergency
signed copy of the declaration of inspection available for shutdown device, must perform its intended function.
inspection by the COTP during the transfer operation.
(d) No person may use any hose in underwater service for
(f) The operators of each vessel and facility engaged in the transfer operations unless the operator of the vessel or facility has
transfer operation shall retain a signed copy of the declaration of tested and inspected it in accordance with paragraph (c)(1) or
inspection on board the vessel or at the facility for at least 1 (c)(4) of this section, as applicable.
month from the date of signature.
(e) The test fluid used for the testing required by this section is
[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD limited to liquids that are compatible with the hose tube as
86-034, 55 FR 36256, Sept. 4, 1990; 61 FR 41452, Aug. 8, 1996] recommended by the hose manufacturer.

156.160 Supervision By Person In Charge. (f) The frequency of the tests and inspections required by this
(a) No person may connect or disconnect a hose, top off a tank, section must be:
or engage in any other critical procedures during the transfer

436
(1) For facilities, annually or not less than 30 days prior to the first Source: CGD 78-180, 49 FR 11172, Mar. 26, 1984, unless
transfer conducted past one year from the date of the last tests otherwise noted.
and inspections;
156.200 Applicability.
(2) For a facility in caretaker status, not less than 30 days prior to This subpart applies to each vessel to be lightered and each
the first transfer after the facility is removed from caretaker status; service vessel engaged in a lightering operation in the marine
and environment beyond the baseline from which the territorial sea is
measured when the oil or hazardous material lightered is destined
(3) For vessels, annually or as part of the biennial and mid-period for a port or place subject to the jurisdiction of the U.S. This
inspections. subpart does not apply to lightering operations involving public
vessels, or to the dedicated response vessels and vessels of
(g) If a facility or vessel collects vapor emitted to or from a vessel opportunity in accordance with the National Contingency Plan (40
cargo tank with a vapor control system, the system must not be CFR parts 9 and 300) when conducting response activities , or to
used unless the following tests and inspections are satisfactorily tank vessels of 150 gross tons or more engaged in the transfer of
completed: oil cargo between tank vessels at sea on or after April 1,
2012.These rules are in addition to the rules of subpart A of this
(1) Each vapor hose, vapor collection arm, pressure or vacuum part, as well as the rules in the applicable sections of parts 151,
relief valve, and pressure sensor is tested and inspected in 153, 155, 156, and 157 of this chapter.
accordance with paragraphs (b), (c), and (f) of this section;
[58 FR 48434, Sept. 15, 1993; 60 FR 45006, Aug. 29, 1995]
(2) Each remote operating or indicating device is tested for proper
operation in accordance with paragraph (f) of this section; 156.205 Definitions.
(a) In addition to the terms defined in this section, the definitions
(3) Each detonation arrester required by 33 CFR 154.2105, in 154.105 of this chapter apply to this subpart and to subpart C.
154.2108(b), 154.2109, 154.2110, 154.2111, and 154.2204, or 46
CFR 39.4003, and each flame arrester required by 33 CFR (b) As used in this subpart and subpart C:
154.2103, 154.2105(j), and 154.2203 has been inspected
internally within the last year, or sooner if operational experience Lightering or Lightering operation means the transfer of a
has shown that frequent clogging or rapid deterioration is likely; cargo of oil in bulk from one oil tanker less than 150 gross tons to
and another oil tanker less than 150 gross tons, or a cargo of
hazardous material in bulk from one vessel to another, including
(4) Each hydrocarbon and oxygen analyzer required by 33 CFR all phases of the operation from the beginning of the mooring
154.2105(a) and (j), 154.2107(d) and (e), and 154.2110 or 46 operation to the departure of the service vessel from the vessel to
CFR 39.4003 is calibrated: be lightered, except when that cargo is intended only for use as
fuel or lubricant aboard the receiving vessel.
(i) Within the previous two weeks, or
Marine environment means-
(ii) Within 24 hours prior to operation when the vapor control
system is operated less frequently than once a week. (1) The navigable waters of the United States;

(h) Upon the request of the owner or operator, the COTP may (2) The waters of an area over which the United States asserts
approve alternative methods of compliance to the testing exclusive fishery management authority; and
requirements of paragraph (c) of this section if the COTP
determines that the alternative methods provide an equal level of (3) The waters super adjacent to the Outer Continental Shelf of
protection. the United States.

(i) Notwithstanding the general provisions of 33 CFR 156.107(a) Service vessel means the vessel which receives a cargo of oil or
relating to the authority of the Captain of the Port to approve a hazardous material from another vessel in a lightering operation.
alternatives, the owner or operator may request the written
approval of the Commandant (CG-ENG), U.S. Coast Guard, 2100 Vessel to be lightered means the vessel which transports a
2nd St. SW., Stop 7126, Washington, DC 20593-7126, for cargo of oil or a hazardous material to a place within the marine
alternative methods of compliance to the testing and inspection environment for transfer of that cargo to another vessel for further
requirements of paragraph (g)(3) of this section. The transport to a port or place subject to the jurisdiction of the United
Commandant (CG-ENG) will grant that written approval upon States. The term "vessel to be lightered" does not include drilling
determination that the alternative methods provide an equivalent rigs, or offshore supply vessels transferring cargo intended for
level of safety and protection from fire, explosion, and detonation. use as fuel or lubricant aboard the receiving vessel.
Criteria to consider when evaluating requests for alternative
methods may include, but are not limited to: operating and Work includes any administrative duties associated with the
inspection history, type of equipment, new technology, and site- vessel whether performed on board the vessel or onshore.
specific conditions that support the requested alternative.
[CGD 78-180, 49 FR 11172, Mar. 26, 1984, as amended by CGD
(Approved by the Office of Management and Budget under control 86-034, 55 FR 36256, Sept. 4, 1990; 58 FR 48434, Sept. 15,
number 1625-0095) 1993; 60 FR 45006, Aug. 29, 1995]

[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 156.210 General.
88-102, 55 FR 25445, June 21, 1990; CGD 86-034, 55 FR 36256, (a) No vessel may transfer oil or hazardous materials in a port or
Sept. 4, 1990; CGD 93-056, 61 FR 41461, Aug. 8, 1996; USCG- place subject to the jurisdiction of the United States, if the cargo
2006-25150, 71 FR 39210, July 12, 2006; USCG-1999-5150, 78 has been lightered from another vessel, unless:
FR 42641, July 16, 2013]
(1) The regulations in this subpart have been complied with;
Subpart B-Special Requirements For Lightering
Of Oil And Hazardous Material Cargoes (2) Both the vessel to be lightered and service vessel have, on
board, at the time of transfer, a valid Certificate of Inspection,
Certificate of Compliance, or a Tank Vessel Examination Letter,

437
as would have been required under 46 U.S.C. 3710 or 3711, had expected to be transferred during each transfer;
the transfer taken place in a port or place subject to the
jurisdiction of the United States; (4) The lightering location or zone to be used;

(3) The delivering and receiving vessels have on board at the time (5) The estimated time of arrival in the lightering location or zone;
of transfer, evidence that each vessel is operating in compliance
with section 311(j) of the Federal Water Pollution Control Act (33 (6) The estimated duration of transfer operations; and
U.S.C. 1321(j)) and applicable regulations issued under the
authority of section 311(j) in the form of a Declaration of (7) The name and destination of service vessel(s).
Inspection as required by 156.150 and a vessel response plan if
required under part 155 of this chapter; and (b) In the event the estimated time of arrival in the lightering
location or zone changes by more than six hours, the Master,
Note:Under 46 U.S.C. 3715, the delivering and receiving vessels owner or agent of each vessel to be lightered must advise the
must have on board at the time of transfer, a Certificate of Captain of the Port of this change as soon as possible.
Financial Responsibility that would be required if the transfer had
taken place in a location subject to the jurisdiction of the U.S. (c) Where lightering is conducted as a result of collision,
Regulations concerning Certificates of Financial Responsibility for grounding, tank rupture or any similar emergency, immediate
vessels using the navigable waters of the U.S. are in part 130 of notice must be given to the Captain of the Port.
this chapter.
(d) In addition to the other requirements in this section, the master,
(4) The vessel to be lightered has on board, at the time of transfer, owner, or agent of a vessel that requires a Tank Vessel
an International Oil Pollution Prevention (IOPP) Certificate or Examination (TVE) or other special Coast Guard inspection in
equivalent documentation of compliance with Annex I of the order to lighter in a designated lightering zone must request the
International Convention for the Prevention of Pollution from TVE or other inspection from the cognizant Captain of the Port at
Ships, 1973, as modified by the Protocol of 1978 relating thereto least 72 hours prior to commencement of lightering operations.
(MARPOL 73/78), as would be required by part 151 of this
chapter for vessels in navigable waters of the United States. The [58 FR 48434, Sept. 15, 1993; 60 FR 45006, Aug. 29, 1995]
IOPP Certificate or documentation of compliance shall be that
prescribed by 151.19 and 151.21 of this chapter, and shall be 156.220 Reporting Of Incidents.
effective under the same timetable as specified in 151.19. (a) An immediate report must be made to the nearest Captain of
the Port, by the service vessel, if fire, explosion, collision,
(b) Lightering operations involving hazardous materials, other grounding or any similar emergency, which poses a threat to the
than oil, may be conducted only with the specific approval of the vessels involved, occurs during lightering.
Commandant. A request to lighter hazardous materials, other
than oil, must be submitted to Commandant (CG-5) prior to the (b) Any discharge of oil or hazardous material into the water shall
planned beginning of lightering operations. The request must be reported, by the service vessel, in accordance with the
include the information described in 156.215(a) to the extent procedures specified in 151.15 of this chapter.
known, for the initial transfer, and the estimated frequency of
subsequent lightering operations. After the entry into force of 156.225 Designation of lightering zones.
Annex II to MARPOL 73/78, vessels lightering hazardous The District Commander is delegated the authority to designate
materials shall carry an International Pollution Prevention lightering zones and their operating requirements, where they are
Certificate for the Carriage of Noxious Liquid Substances in Bulk necessary for safety or environmental protection. When a
(1973), if required by Annex II to MARPOL 73/78, or equivalent lightering zone has been designated, lightering and STS
documentation of compliance with the annex. Operations in a given geographic area may only be conducted
within the designated lightering zone.
(c) In an emergency, the COTP, upon request, may authorize a
deviation from any rule in this part if the COTP determines that its 156.230 Factors Considered In Designating Lightering
application will endanger persons, property, or the environment. Zones.
The following factors are considered in designating a lightering
(d) On vessels conducting lightering operations in a designated zone:
lightering zone, an officer or seaman may not work, except in an
emergency or a drill, more than 15 hours in any 24-hour period, or (a) The findings of the environmental analysis or, if prepared, the
more than 36 hours in any 72-hour period, including the 24-hour Environmental Impact Statement;
and 72-hour periods prior to commencing lightering operations.
(b) The proximity of the zone to:
[CGD 78-180, 49 FR 11172, Mar. 29, 1984, as amended by CGD
88-052, 53 FR 25122, July 1, 1988; CGD 90-052, 58 FR 48436, (1) Shipping lanes;
Sept. 15, 1993; CGD 93-081, 60 FR 45017, Aug. 29, 1995;
USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2006- (2) Vessel traffic schemes or vessel separation systems;
24371, 74 FR 11212, Mar. 16, 2009; USCG-2010-0351, 75 FR
36285, June 25, 2010] (3) Anchorages;

156.215 Pre-Arrival Notices. (4) Fixed structures;


(a) The master, owner or agent of each vessel to be lightered
must give at least 24 hours advance notice to the Captain of the (5) Designated marine sanctuaries;
Port nearest the lightering location or zone, prior to arrival in the
lightering location or zone. This advance notice must include: (6) Commercial and recreational fishing areas;

(1) The vessel's name, call sign or official number, and registry: (7) Environmentally sensitive areas; and

(2) The cargo type (if oil) or shipping name (if hazardous material) (8) Designated units of the National Park System, National Wild
and approximate amount on board; and Scenic Rivers System, National Wilderness Preservation
System, properties included on the National Register of Historic
(3) The number of transfers expected and the amount of cargo Places and National Registry of Natural Landmarks, and National

438
Wildlife Refuge System. 2818'00", 9400'00", thence to
2818'00", 9238'00", thence to the point of beginning.
(c) The traditional use of areas for lightering operations; (NAD 83)

(d) The normal weather and sea conditions in the areas, and their 156.310 Prohibited Areas.
effect on lightering operations, and the fate of possible cargo Lightering operations and STS Operations are prohibited within
discharges; the following areas in the Gulf of Mexico:

(e) The depth of water and underwater obstructions that may (a) Claypile-prohibited area. This prohibited area consists of the
adversely impact anchorages and clearance of vessels; waters bounded by a line connecting the following points
beginning at:
(f) Other relevant safety, environmental, or economic data.
Latitude N. Longitude W.
Subpart C-Lightering Zones And Operational 2815'00", 9435'00", thence to
Requirements For The Gulf Of Mexico 2740'00", 9435'00", thence to
2740'00", 9400'00", thence to
Source: CGD 93-081, 60 FR 45017, Aug. 29, 1995, unless
2833'00", 9400'00", and thence to the point of beginning.
otherwise noted.
(NAD 83)
156.300 Designated Lightering Zones.
The following lightering zones are designated in the Gulf of (b) Flower Garden-prohibited area. This prohibited area
Mexico and are more than 60 miles from the baseline from which consists of the waters bounded by a line connecting the following
the territorial sea is measured: points beginning at:

(a) Southtex-lightering zone. This lightering zone and the Latitude N. Longitude W.
geographic area for this zone are coterminous and consist of the 2740'00", 9400'00", thence to
waters bounded by a line connecting the following points 2818'00", 9400'00", thence to
beginning at: 2818'00", 9238'00", thence to
2830'00", 9238'00", thence to
Latitude N. Longitude W. 2815'00", 9130'00", thence to
2740'00", I 9300'00", thence to 2740'00", 9130'00", and thence to the point of beginning.
2740'00", I 9435'00", thence to (NAD 83)
2806'30", I 9435'00", thence to
2721'00", I 9600'00", thence to (c) Ewing-prohibited area. This prohibited area consists of the
2630'00", I 9600'00", thence to waters bounded by a line connecting the following points
2630'00", I 9300'00", and thence to the point of beginning at:
beginning. (NAD 83)
Latitude N. Longitude W.
(b) Gulfmex No. 2-lightering zone. This lightering zone and the 2753'00", 9130'00", thence to
geographic area for this zone are coterminous and consist of the 2815'00", 9130'00", thence to
waters bounded by a line connecting the following points 2815'00", 9010'00", thence to
beginning at: 2753'00", 9010'00", and thence to the point of beginning.
(NAD 83)
Latitude N. Longitude W.
2753'00", 8900'00", thence to 156.320 Maximum Operating Conditions.
2753'00", 9130'00", thence to Unless otherwise specified, the maximum operating conditions in
2630'00", 9130'00", thence to this section apply to tank vessels operating within the lightering
zones designated in this subpart.
2630'00", 8900'00", and thence to the point of beginning.
(NAD 83)
(a) A tank vessel shall not attempt to moor alongside another
vessel when either of the following conditions exist:
(c) Offshore Pascagoula No. 2-lightering zone. This lightering
zone and the geographic area for this zone are coterminous and (1) The wind velocity is 56 km/hr (30 knots) or more; or
consist of the waters bounded by a line connecting the following
points beginning at: (2) The wave height is 3 meters (10 feet) or more.
Latitude N. Longitude W. (b) Cargo transfer operations shall cease and transfer hoses shall
292000, 870000, thence to be drained when-
291200, 874500, thence to
283900, 880000, thence to (1) The wind velocity exceeds 82 km/hr (44 knots); or
280000, 880000, thence to
280000, 870000, and thence to the point of beginning. (2) Wave heights exceed 5 meters (16 feet).
(NAD 83)
156.330 Operations.
(d) South Sabine Point-lightering zone. This lightering zone (a) Unless otherwise specified in this subpart, or when otherwise
and the geographic area for this zone are coterminous and authorized by the cognizant Captain of the Port (COTP) or District
consist of the waters bounded by a line connecting the following Commander, the master of a vessel lightering or conducting STS
points beginning at: Operations in a zone designated in this subpart must ensure that
all officers and appropriate members of the crew are familiar with
Latitude N. Longitude W. the guidelines in paragraphs (b) and (c) of this section and that
2830'00", 9238'00", thence to the requirements of paragraphs (d) through (l) of this section are
2844'00", 9324'00", thence to complied with.
2833'00", 9400'00", thence to

439
(b) Lightering and STS operations must be conducted in Subpart D-Prevention of Pollution During
accordance with the Oil Ship to Ship Transfer Guide, (Petroleum)
(incorporated by reference, see 156.111) to the maximum extent
Transfer of Oil Cargo Between Oil Tankers at Sea
practicable. 156.400 Applicability.
156.405 Definitions.
(c) Helicopter operations must be conducted in accordance with 156.410 General.
the Guide to Helicopter/Ship Operations (incorporated by 156.415 Notification.
reference, see 156.111) to the maximum extent practicable. 156.420 Reporting of incidents.

(d) The vessel to be lightered, or the discharging vessel engaged 156.400 Applicability.
in an STS Operation, must make a voice warning prior to the (a) This subpart applies to oil tankers engaged in the ship-to-ship
commencement of lightering activities or STS Operations via transfer of oil cargo between oil tankers (STS Operations), and to
channel 13 CHF and 2182 Khz. The voice warning shall include their STS Operations conducted on or after April 1, 2012, when at
least one of the oil tankers is of 150 gross tonnage and above.
(1) The names of the vessels involved; These rules are in addition to the rules of subpart A of this part, as
well as the rules in the applicable sections of parts 151, 153, 155,
(2) The vessels' geographical positions and general headings; 156, and 157 of this chapter.

(3) A description of the operations; (b) This subpart does not apply to STS Operations

(4) The expected time of commencement and duration of the (1) If the oil cargo is intended only for use as a fuel or lubricant
operation; and aboard the receiving vessel (bunker operations);

(5) Request for wide berth. (2) When at least one of the ships involved in the oil transfer
operation is a warship or a naval auxiliary or other ship owned or
(e) In the event of a communications failure between the lightering operated by a nation and used, at the time of the transfer, in
vessels, or vessels engaged in STS Operations, or the respective government noncommercial service only; or
persons-in-charge of the transfer, or an equipment failure
affecting the vessel's cargo handling capability or ship's (3) When the STS Operations are necessary for the purpose of
maneuverability, the affected vessel must suspend lightering securing the safety of a ship or saving life at sea, or for combating
activities, or STS Operations, and must sound at least five short, specific pollution incidents in order to minimize the damage from
rapid blasts on the vessel's whistle. Lightering activities, or STS pollution; except that such vessels are subject to the requirements
Operations, must remain suspended until corrective action has of 156.415(g) and 156.420.
been completed.
156.405 Definitions.
(f) No vessel involved in a lightering operation, or STS Operation,
may open its cargo system until the servicing vessel is securely In addition to the definitions specifically stated in this section, the
moored alongside the vessel to be lightered (or the vessel definitions in 154.105 of this chapter apply to this subpart except
transferring oil in an STS Operation). definitions for Tank Barge, Tank Ship and Tank Vessel.
Definitions specific to this part
(g) If any vessel not involved in the lightering operation, STS
Operation, or support activities approaches within 100 meters of Authorized Classification Society means a recognized
vessels engaged in lightering or STS Operation, the vessel classification society that has been delegated the authority to
engaged in lightering or STS Operation shall warn the conduct certain functions and certifications on behalf of the Coast
approaching vessel by sounding a loud hailer, ship's whistle, or Guard.
any other appropriate means.
Flag State means the authority under which a country exercises
(h) Only a lightering tender, a supply boat, or a crew boat, regulatory control over the commercial vessel which is registered
equipped with a spark arrestor on its exhaust, or a tank vessel under its flag. This involves the inspection, certification, and
providing bunkers, may moor alongside a vessel engaged in issuance of safety and pollution prevention documents.
lightering operations or STS Operations.
Marine environment means
(i) Lightering operations and STS Operations must not be
conducted within 1 nautical mile of offshore structures or mobile (1) The navigable waters of the United States;
offshore drilling units.
(2) The waters of an area over which the United States asserts
(j) No vessel engaged in lightering activities or STS Operations exclusive fishery management authority; and
may anchor over charted pipelines, artificial reefs, or historical
resources. (3) The waters superjacent to the Outer Continental Shelf of the
United States.
(k) All vessels engaged in lightering activities or STS Operations
must be able to immediately maneuver at all times while inside a Oil tanker means a vessel that is constructed or adapted
designated lightering zone. The main propulsion system must not primarily to carry crude oil or products in bulk as cargo. This
be disabled at any time. includes a tank barge, a tankship, and a combination carrier, as
well as a vessel that is constructed or adapted primarily to carry
(l) In preparing to moor alongside the vessel to be lightered or noxious liquid substances in bulk as cargo and which also carries
vessel transferring oil in an STS Operation, a service vessel shall crude oil or products in bulk as cargo.
not approach the vessel closer than 1000 meters unless the
service vessel is positioned broad on the quarter of the vessel STS Operations means the transfer of oil cargo carried in bulk
transferring oil. The service vessel must transition to a nearly from one oil tanker to another at sea, when at least one of the oil
parallel heading prior to closing to within 50 meters of the vessel tankers is of 150 gross tonnage and above.
transferring oil.

440
156.410 General. (IOPP) Certificate or equivalent documentation of compliance with
(a) Oil tankers subject to this subpart, and each U.S. oil tanker, Annex I, as would be required by part 151 of this chapter for
wherever located, subject to this subpart, must carry onboard an vessels in navigable waters of the United States. The IOPP
STS Operations Plan that prescribes how that vessel will conduct Certificate or documentation of compliance shall be that
STS Operations. prescribed by 151.19 and 151.21 of this chapter, and shall be
effective under the same timetable as specified in 151.19.
(b) Any oil tanker subject to this subpart must carry onboard an
STS Operations Plan, prescribing how to conduct STS Operations, (j) In an emergency, the Captain of the Port (COTP), upon
no later than the date of the first annual, intermediate, or renewal request, may authorize a deviation from any requirement in this
survey of the oil tanker, which must be carried out on or after the part if the COTP determines that its application will endanger
effective date of this final rule. persons, property, or the environment.

(c) The STS Operations Plan must be 156.415 Notification.


(a) Except as provided for in paragraphs (f) and (g) of this section,
(1) Written in the working language of the oil tanker's crew; the master, owner or agent of each oil tanker subject to this
subpart planning to conduct STS Operations in the territorial sea
(2) Developed using the information contained in the best practice or exclusive economic zone of the United States must give at
guidelines for STS Operations identified in the Manual on Oil least 48 hours advance notice to the COTP nearest the
Pollution and in the Ship to Ship Transfer Guide (Petroleum) (both geographic position chosen to conduct these operations. This
documents are incorporated by reference, see 156.111); and advance notice must include:

(3) Approved by the vessel's Flag State for oil tankers operated (1) The oil tanker's name, call sign or official number, and registry;
under the authority of a country other than the United States. For
U.S. oil tankers, the STS Operations Plan must be approved by (2) The cargo type and approximate amount onboard;
the Commandant (CG-CVC-1) or an Authorized Classification
Society. (3) The number of transfers expected, the amount of cargo
expected to be transferred during each transfer, and whether
(d) When chapter IX of the International Convention for the Safety such transfer will be conducted at anchor or underway;
of Life at Sea, 1974, as amended is applicable to the vessel, the
STS Operations Plan may be incorporated into an existing (4) The date, estimated time of arrival, and geographical location
required Safety Management System. at the commencement of the planned STS Operations;

(e) Any oil tanker subject to this subpart must comply with the (5) The estimated duration of STS Operations;
vessel's approved STS Operations Plan while engaging in STS
Operations. (6) The name and destination of receiving oil tanker(s);

(f) The person in overall advisory control of STS Operations must (7) Identification of STS Operations service provider or person in
be qualified to perform all relevant duties, taking into account the overall advisory control and contact information; and
qualifications found in the best practice guidelines for STS
Operations identified in the Manual on Oil Pollution and in the (8) Confirmation that the oil tanker has onboard an approved STS
Ship to Ship Transfer Guide (Petroleum) (both documents are Operations Plan.
incorporated by reference, see 156.111).
(b) If the estimated arrival time of an oil tanker to the reported
(g) In addition to any records required by the vessel's approved geographic location for the commencement of STS operation
STS Operations Plan, each STS operation must be recorded in changes by more than 6 hours, the master, owner, or agent of
the oil tanker's Oil Record Book, required by 151.25 of this that oil tanker must provide a revised estimated time of arrival to
chapter. the COTP.

(h) All records of STS Operations shall be retained onboard for 3 (c) Where STS Operations are conducted as a result of collision,
years and be readily available for inspection. grounding, tank rupture or any similar emergency, the master,
owner, or agent of a vessel must give immediate notice to the
(i) No oil tanker may transfer oil in a port or place subject to the Coast Guard office.
jurisdiction of the United States, if the oil cargo has been
transferred by an STS Operation in the marine environment (d) In addition to the other requirements in this section, the master,
beyond the baseline, unless: owner, or agent of a vessel that requires a Certificate of
Compliance (COC) or other special Coast Guard inspection in
(1) Both oil tankers engaged in the STS Operation have, onboard, order to conduct STS Operations must request the COC or other
at the time of transfer all certificates required by this chapter for inspection from the cognizant Officer in Charge, Marine
transfer of oil cargos, including a valid Certificate of Inspection or Inspection (OCMI) at least 72 hours prior to commencement of
Certificate of Compliance, as applicable to any transfer of oil STS Operations.
taking place in a port or place subject to the jurisdiction of the
United States; (e) The STS Operation advanced notice is in addition to the
Notification of Arrival requirements in 33 CFR part 160.
(2) Both oil tankers engaged in the STS operation have onboard
at the time of transfer, evidence that each vessel is operating in (f) If all of the information specified in paragraph (a) is not
compliance with the National Response System as described in available 48 hours in advance of a planned STS Operation, the oil
section 311(j) of the Federal Water Pollution Control Act (33 tanker discharging the oil cargo must notify the COTP at least 48
U.S.C. 1321(j)). Additionally, the vessels must comply with the hours in advance that an STS Operation will occur. In such a
Declaration of Inspection requirements delineated in 156.150 circumstances, the information specified in paragraph (a) must be
and a vessel response plan if required under part 155 of this provided to the COTP at the earliest opportunity.
chapter; and
(g) If STS operations are conducted under exigent circumstances
(3) Both oil tankers engaged in STS Operations have onboard, at to secure the safety of a ship, to save life at sea, or combat
the time of transfer, an International Oil Pollution Prevention specific incidents in order to minimize the damage from pollution

441
within the territorial sea or exclusive economic zone of the United nearest Coast Guard office.
States, the master, owner, or agent of each oil tanker subject this
subpart shall provide notice with adequate explanation, as soon (b) The POAC of an STS operation must report, in accordance
as practicable, to the COTP nearest the geographic position with the procedures specified in 151.15 of this chapter, any
where the exigent STS operation took place. incident of discharge of oil into the water.

156.420 Reporting of incidents. (c) Immediately after the addressing of resultant safety concerns,
(a) Any vessel affected by fire, explosion, collision, grounding, or all marine casualties must be reported to the nearest COTP,
any similar emergency that poses a threat to the vessel(s) Sector Office, Marine Inspection Office, or OCMI in accordance
engaged in STS Operations must report the incident to the with 46 CFR part 4.

442
Part 157-Rules For The Protection Of The Marine
Environment Relating To Tank Vessels Carrying Oil In
Bulk
Table of Contents Subpart D-Crude Oil Washing (COW) System On
Tank Vessels
Subpart A-General
General
Sec.
157.01 Applicability. 157.102 Plans For Foreign Tank Vessels: Submission.
157.02 Incorportion By Reference. 157.104 Scale Models.
157.03 Definitions. 157.106 Letter Of Acceptance.
157.04 Authorization Of Classification Societies. 157.110 Crude Oil Washing Operations And Equipment Manual
157.05 Performing Calculations For This Part. For Foreign Tank Vessels: Submission.
157.06 Appeals. 157.112 Approved Crude Oil Washing Operations And
157.07 Equivalents. Equipment Manual.
157.114 Crude Oil Washing Operations And Equipment Manual:
Subpart B-Design, Equipment, And Installation Not Approved.
157.118 Required Documents: Foreign Tank Vessels.
157.08 Applicability Of Subpart B. 157.120 Waiver Of Required Documents.
157.09 Segregated Ballast.
157.10 Segregated Ballast Tanks And Crude Oil Washing Design, Equipment, And Installation
Systems For Certain New Vessels.
157.10a Segregated Ballast Tanks, Crude Oil Washing Systems 157.122 Piping, Valves, And Fittings.
And Dedicated Clean Ballast Tanks For Certain New 157.124 COW Tank Washing Machines.
And Existing Vessels Of 40,000 DWT Or More. 157.126 Pumps.
157.10b Segregated Ballast Tanks, Dedicated Clean Ballast 157.128 Stripping System.
Tanks, And Special Ballast Arrangements For Tank 157.130 Crude Oil Washing With More Than One Grade Of
Vessels Transporting Outer Continental Shelf Oil. Crude Oil.
157.10c Segregated Ballast Tanks, Crude Oil Washing Systems 157.132 Cargo Tanks: Hydrocarbon Vapor Emissions.
And Dedicated Clean Ballast Tanks For Certain New 157.134 Cargo Tank Drainage.
And Existing Tankships Of 20,000 To 40,000 DWT. 157.136 Two-Way Voice Communications.
157.10d Double Hulls On Tank Vessels. 157.138 Crude Oil Washing Operations And Equipment Manual.
157.11 Pumping, Piping, And Discharge Arrangements.
157.12 Cargo Monitor And Control System. Inspections
157.13 Designated Observation Area.
157.15 Slop Tanks In Tank Vessels. 157.140 Tank Vessel Inspections.
157.17 Oil Residue (Sludge) Tank. 157.142 Letter Of Acceptance: Inspections.
157.19 Cargo Tank Arrangement And Size. 157.144 Tank Vessels Of The Same Class: Inspections.
157.22 Intact Stability Requirements. 157.147 Similar Tank Design: Inspections On Foreign Tank
157.23 Cargo And Ballast System Information. Vessels.
157.24 Submission Of Calculations, Plans, And Specifications. 157.148 Cow System: Evidence For Inspections.
157.24a Submission Of Calculations, Plans, And Specifications 157.150 Crude Oil Washing Operations And Equipment Manual:
For Existing Vessels Installing Segregated Ballast Recording Information After Inspections.
Tanks
Personnel
Subpart C-Vessel Operation 157.152 Person In Charge Of COW Operations.
157.25 Applicability Of Subpart C. 157.154 Assistant Personnel.
157.26 Operation Of A Tank Vessel In Violation Of Regulations
157.27 Discharges: Tank Vessels Carrying Oil Exclusively On COW Operations
Rivers, Lakes, Bays, Sounds, And The Great Lakes,
157.155 COW Operations: General.
And Seagoing Tank Vessels Of Less Than 150 Gross
157.156 COW Operations: Meeting Manual Requirements.
Tons.
157.158 COW Operations: Changed Characteristics.
157.28 Discharges From Tank Barges Exempted From Certain
157.160 Tanks: Ballasting And Crude Oil Washing.
Design Requirements.
157.162 Crude Oil Washing During A Voyage.
157.29 Discharges: Seagoing Tank Vessels Of 150 Gross
157.164 Use Of Inert Gas System.
Tons Or More.
157.166 Hydrocarbon Emissions.
157.31 Discharges: Chemical Additives.
157.168 Crew Member: Main Deck Watch.
157.33 Water Ballast In Fuel Oil Tanks.
157.170 COW Equipment: Removal.
157.35 Ballast Added To Cargo Tanks.
157.172 Limitations On Grades Of Crude Oil Carried.
157.37 Discharge Of Oily Mixtures From Oil Cargoes.
157.39 Machinery Space Bilges.
157.41 Emergencies.
Subpart E-Dedicated Clean Ballast Tanks On
157.43 Discharges Of Clean And Segregated Ballast: Tank Vessels
Seagoing Tank Vessels Of 150 Gross Tons Or More.
157.45 Valves In Cargo Or Ballast Piping System. General
157.47 Information For Master.
157.202 Plans And Documents For Foreign Tank Vessels:
157.49 Instruction Manual.
Submission.
157.204 Letter Of Acceptance.

443
157.208 Dedicated Clean Ballast Tanks Operations Manual For Appendix D To Part 157
foreign Tank Vessels: Submission. Example Of A Procedure For Dedicated Clean Ballast Tanks
157.210 Approved Dedicated Clean Ballast Tanks Operations
157.212 Dedicated Clean Ballast Tanks Operations Manual: Not
Approved. Appendix E To Part 157
Specifications For The Design, Installation And Operation Of A
Operations Manual. Part Flow System For Control Of Overboard Discharges

157.216 Required Documents: Foreign Tank Vessels. Appendix F To Part 157


157.218 Dedicated Clean Ballast Tanks: Alterations. Guidelines And Specifications For Oil Discharge Monitoring And
Control Systems For Tankers
Design And Equipment Appendix G To Part 157
157.220 Dedicated Clean Ballast Tanks: Standards. Timetables For Application Of Double Hull Requirements
157.222 Pump And Piping Arrangements.
Authority:33 U.S.C. 1903; 46 U.S.C. 3703, 3703a (note);
157.224 Dedicated Clean Ballast Tanks Operations Manual.
Department of Homeland Security Delegation No. 0170.1.
Subparts G, H, and I are also issued under section 4115(b), Pub.
Dedicated Clean Ballast Tanks Operations
L. 101-380, 104 Stat. 520; Pub. L. 104-55, 109 Stat. 546.
157.225 Dedicated Clean Ballast Tanks Operations: General.
157.226 Dedicated Clean Ballast Tanks Operations Manual: Source:CGD 74-32, 40 FR 48283, Oct. 14, 1975, unless
Procedures To Be Followed. otherwise noted.
157.228 Isolating Valves: Closed During A Voyage.
Editorial Note:Nomenclature changes to part 157 appear by
Subpart F-Exemption From 157.10a Or 157.10c USCG-2008-0179, 73 FR 35015, June 19, 2008.

157.300 Qualifications For Exemptions Under This Part.


157.302 Applying For An Exemption Or Requesting Modification Subpart A-General
Of An Exemption.
157.304 Shore-Based Reception Facility: Standards. 157.01 Applicability.
157.306 Granting, Denying, Or Modifying An Exemption. (a) Unless otherwise indicated, this part applies to each vessel
157.308 Revocation Of Exemption: Procedure And Appeals. that carries oil in bulk as cargo and that is:
157.310 Exempted Vessels: Operations.
(1) Documented under the laws of the United States (a U.S.
Subpart G-Interim Measures For Certain Tank vessel); or
Vessels Without Double Hulls Carrying
(2) Any other vessel that enters or operates in the navigable
Petroleum Oils waters of the United States, or that operates, conducts lightering
under 46 U.S.C. 3715, or receives cargo from or transfers cargo
157.400 Purpose And Applicability.
to a deepwater port under 33 U.S.C. 1501 et seq., in the United
157.410 Emergency Lightering Requirements For Oil Tankers.
States Exclusive Economic Zone, as defined in 33 U.S.C. 2701(8).
157.415 Bridge Resource Management Policy And Procedures.
157.420 Vessel Specific Watch Policy And Procedures.
(b) This part does not apply to a vessel exempted under 46 U.S.C.
157.430 Enhanced Survey Requirements.
2109 or 46 U.S.C. 3702.
157.435 Vital Systems Surveys.
157.440 Autopilot Alarm Or Indicator.
[CGD 90-051, 57 FR 36238, Aug. 12, 1992; 61 FR 39770, July 30,
157.445 Maneuvering Performance Capability.
1996]
157.450 Maneuvering And Vessel Status Information.
157.455 Minimum Under-Keel Clearance.
157.02 Incorporation by reference: Where can I get a copy of
157.460 Additional Operational Requirements For Tank Barges.
the publications mentioned in this part?
(a) Certain material is incorporated by reference into this part with
Subpart H-Interim Measures For Certain Tank
the approval of the Director of the Federal Register under 5 U.S.C.
Vessels Without Double Hulls Carrying Animal 552(a) and 1 CFR part 51. To enforce any edition other than that
Fat Or Vegetable Oil specified in this section, the Coast Guard must publish notice of
change in the Federal Register and the material must be available
157.500 Purpose And Applicability. to the public. All approved material is available for inspection at
157.510 Operational Measures. the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
Subpart I-Interim Measures For Certain Tank 741-6030 or go to
Vessels Without Double Hulls Carrying Other http://www.archives.gov/federal_register/code_of_federal_regulati
Non-Petroleum Oil ons/ibr_locations.html. Also, it is available for inspection at the
Coast Guard Headquarters. Contact Commandant (CG-ENG),
157.600 Purpose And Applicability. Attn: Office of Design and Engineering Standards, U.S. Coast
157.610 Operational Measures. Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE.,
Washington, DC 20593-7509; telephone 202-372-1375. The
Appendix A To Part 157 material is also available from the sources indicated in this section.
Damage Assumptions, Hypothetical Outflows, And Cargo Tank
Size And Arrangements (b) International Maritime Organization (IMO)4 Albert
Embankment, London SE1 7SR, United Kingdom.
Appendix B To Part 157
Subdivision And Stability Assumptions
(1) IMCO Assembly Resolution A.393(X), adopted on 14
Appendix C To Part 157 November 1977, Recommendation on International Performance
Procedure For Determining Distribution Of Segregated Ballast and Test Specifications For Oily Water Separating Equipment and
Tanks To Provide Protection Against Oil Outflow In The Event Of Oil Content Meters (A.393(x)), incorporation by reference
Grounding, Ramming, Or Collision approved for 157.12.

444
(2) IMO Assembly Resolution A.496(XII), Adopted on 19 Ballast voyage means the voyage that a tank vessel engages in
November 1981, Agenda Item 11, Guidelines and Specifications after it leaves the port of final cargo discharge.
for Oil Discharge Monitoring and Control Systems for Oil Tankers
(A.496(XII)), incorporation by reference approved for 157.12. Breadth or B means the maximum molded breadth of a vessel in
meters.
(3) IMO Assembly Resolution A.586(14), Adopted on 20
November 1985, Agenda item 12, Revised Guidelines and Cargo tank length means the length from the forward bulkhead
Specifications for Oil Discharge Monitoring and Control Systems of the forwardmost cargo tanks, to the after bulkhead of the
for Oil Tankers (A.586(14)), incorporation by reference approved aftermost cargo tanks.
for 157.12.
Center tank means any tank inboard of a longitudinal bulkhead.
(4) IMO Marine Environment Protection Committee Resolution
MEPC.13 (19), adopted on 9 December 1983, Guidelines for Plan Clean ballast means ballast which:
Approval and Installation Survey of Oil Discharge Monitoring and
Control Systems for Oil Tankers and Environmental Testing of (1) If discharged from a vessel that is stationary into clean, calm
Control Sections Thereof (MEPC.13(19)), incorporation by water on a clear day, would not
reference approved for 157.12.
(i) Produce visible traces of oil on the surface of the water or on
(5) IMO Marine Environment Protection Committee Resolution adjoining shore lines; or
MEPC.108(49), Adopted on 18 July 2003, Revised Guidelines
and Specifications for Oil Discharge Monitoring and Control (ii) Cause a sludge or emulsion to be deposited beneath the
Systems for Oil Tankers (MEPC.108(49)), incorporation by surface of the water or upon adjoining shore lines; or
reference approved for 157.12.
(2) If verified by an approved oil discharge monitoring and control
(6) IMO Assembly Resolution A.601(15), Provision and Display of system, has an oil content that does not exceed 15 p.m.
Manoeuvring Information on Board Ships, Annex sections 1.1, 2.3,
3.1, and 3.2 with appendices, adopted on 19 November 1987 Combination carrier means a vessel designed to carry oil or
(A.601(15)), incorporation by reference approved for 157.450. solid cargoes in bulk.

(7) IMO Assembly Resolution A.744(18), Guidelines on the Crude oil means any liquid hydrocarbon mixture occurring
Enhanced Programme of Inspections During Surveys of Bulk naturally in the earth, whether or not treated to render it suitable
Carriers and Oil Tankers, Annex B sections 1.1.3-1.1.4, 1.2-1.3, for transportation, and includes crude oil from which certain
2.1, 2.3-2.6, 3-8, and Annexes 1-10 with appendices, adopted 4 distillate fractions may have been removed, and crude oil to which
November 1993 (A.744(18)), incorporation by reference certain distillate fractions may have been added.
approved for 157.430.
Deadweight or DWT means the difference in metric tons
(8) IMO Assembly Resolution A.751(18), Interim Standards for between the lightweight displacement and the total displacement
Ship Manoeuvrability, Annex sections 1.2, 2.3-2.4, 3-4.2, and 5, of a vessel measured in water of specific gravity 1.025 at the load
adopted 4 November 1993 with Explanatory Notes in MSC/Circ. waterline corresponding to the assigned summer freeboard.
644 dated 6 June 1994 (A.751(18)), incorporation by reference
approved for 157.445. Dedicated clean ballast tank means a cargo tank that is
allocated solely for the carriage of clean ballast.
(9) MARPOL Consolidated Edition 2011, Annex I, Regulations for
the prevention of pollution by oil, Chapter 4Requirements for Domestic trade means trade between ports or places within the
the cargo area of oil tankers, Part AConstruction, Regulation 22, United States, its territories and possessions, either directly or via
Pump-room bottom protection, (Annex I, Regulation 22) a foreign port including trade on the navigable rivers, lakes, and
incorporation by reference approved for 157.14. inland waters.

(10) MARPOL Consolidated Edition 2011, Annex I, Regulations Double bottom means watertight protective spaces that do not
for the prevention of pollution by oil, Chapter 4Requirements for carry any oil and which separate the bottom of tanks that hold any
the cargo area of oil tankers, Part AConstruction, Regulation 23, oil within the cargo tank length from the outer skin of the vessel.
Accidental oil outflow performance, (Annex I, Regulation 23)
incorporation by reference approved for 157.20. Double hull means watertight protective spaces that do not carry
any oil and which separate the sides, bottom, forward end, and aft
(c) Oil Companies International Marine Forum (OCIMF) 27 end of tanks that hold any oil within the cargo tank length from the
Queen Anne's Gate, London, SW1H 9BU, England]. outer skin of the vessel as prescribed in 157.10d.

(1) International Safety Guide for Oil Tankers and Terminals, Doubles sides means watertight protective spaces that do not
Fourth Edition, Chapters 6, 7, and 10, 1996, incorporation by carry any oil and which separate the sides of tanks that hold any
reference approved for 157.435. oil within the cargo tank length from the outer skin of the vessel.

(2) [Reserved] Existing vessel means any vessel that is not a new vessel.

[USCG-2004-18939, 74 FR 3378, Jan. 16, 2009, as amended by Fleeting or assist towing vessel means any commercial vessel
USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014- engaged in towing astern, alongside, or pushing ahead, used
0410, 79 FR 38437, July 7, 2014] solely within a limited geographic area, such as a particular barge
fleeting area or commercial facility, and used solely for restricted
157.03 Definitions. service, such as making up or breaking up larger tows.
Except as otherwise stated in a subpart:
Foreign trade means any trade that is not domestic trade.
Amidships means the middle of the length.
From the nearest land means from the baseline from which the
Animal fat means a non-petroleum oil, fat, or grease derived from territorial sea of the United States is established in accordance
animals and not specifically identified elsewhere in this part. with international law.

445
Fuel oil means any oil used as fuel for machinery in the vessel in (ii) In the absence of a building contract, has the keel laid or is at
which it is carried. a similar stage of construction after June 30, 1975;

Inland vessel means a vessel that is not oceangoing and that (iii) Is delivered after December 31, 1977; or
does not operate on the Great Lakes.
(iv) Has undergone a major conversion for which:
Instantaneous rate of discharge of oil content means the rate
of discharge of oil in liters per hour at any instant, divided by the (A) The contract is awarded after December 31, 1974;
speed of the vessel in knots at the same instant.
(B) In the absence of a contract, conversion is begun after June
Integrated tug barge means a tug and a tank barge with a 30, 1975; or
mechanical system that allows the connection of the propulsion
unit (the tug) to the stern of the cargo carrying unit (the tank barge) (C) Conversion is completed after December 31, 1977; and
so that the two vessels function as a single self-propelled vessel.
(2) A foreign vessel or a U.S. vessel in foreign trade that:
Large primary structural member includes any of the following:
(i) Is constructed under a contract awarded after December 31,
(1) Web frames. 1975;

(2) Girders. (ii) In the absence of a building contract, has the keel laid or is at
a similar stage of construction after June 30, 1976;
(3) Webs.
(iii) Is delivered after December 31, 1979; or
(4) Main brackets.
(iv) Has undergone a major conversion for which:
(5) Transverses.
(A) The contract is awarded after December 31, 1975;
(6) Stringers.
(B) In the absence of a contract, conversion is begun after June
(7) Struts in transverse web frames when there are 3 or more 30, 1976; or
struts and the depth of each is more than 115 of the total depth of
the tank. (C) Conversion is completed after December 31, 1979.

Length or L means the distance in meters from the fore side of Non-petroleum oil means oil of any kind that is not petroleum-
the stem to the axis of the rudder stock on a waterline at 85 based. It includes, but is not limited to, animal fat and vegetable
percent of the least molded depth measured from the molded oil.
baseline, or 96 percent of the total length on that waterline,
whichever is greater. In vessels designed with drag, the waterline Oceangoing has the same meaning as defined in 151.05 of this
is measured parallel to the designed waterline. chapter.

Lightweight means the displacement of a vessel in metric tons Officer in charge of a navigational watch means any officer
without cargo, fuel oil, lubricating oil, ballast water, fresh water, employed or engaged to be responsible for navigating or
and feedwater in tanks, consumable stores, and any persons and maneuvering the vessel and for maintaining a continuous vigilant
their effects. watch during his or her periods of duty and following guidance set
out by the master, international or national regulations, and
Major conversion means a conversion of an existing vessel that: company policies.

(1) Substantially alters the dimensions or carrying capacity of the Oil means oil of any kind or in any form including, but not limited
vessel, except a conversion that includes only the installation of to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with
segregated ballast tanks, dedicated clean ballast tanks, a crude wastes other than dredged spoil. This includes liquid
oil washing system, double sides, a double bottom, or a double hydrocarbons as well as animal and vegetable oils.
hull;
Oil cargo residue means any residue of oil cargo whether in
(2) Changes the type of vessel; solid, semi-solid, emulsified, or liquid form from cargo tanks and
cargo pump room bilges, including but not limited to, drainages,
(3) Substantially prolongs the vessel's service life; or leakages, exhausted oil, muck, clingage, sludge, bottoms, paraffin
(wax), and any constituent component of oil. The term oil cargo
(4) Otherwise so changes the vessel that it is essentially a new residue is also known as cargo oil residue.
vessel, as determined by the Commandant (CG-CVC).
Oil residue means
MARPOL 73/78 means the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by the (1) Oil cargo residue; and
Protocol of 1978 relating to that Convention. A copy of MARPOL
73/78 is available from the International Maritime Organization, 4 (2) Other residue of oil whether in solid, semi-solid, emulsified, or
Albert Embankment, London, SE1 liquid form, resulting from drainages, leakages, exhausted oil, and
other similar occurrences from machinery spaces.
New vessel means:
Oil spill response vessel means a vessel that is exclusively
(1) A U.S. vessel in domestic trade that: dedicated to operations to prevent or mitigate environmental
damage due to an actual or impending accidental oil spill. This
(i) Is constructed under a contract awarded after December 31, includes a vessel that performs routine service as an escort for a
1974; tank vessel, but excludes a vessel that engages in any other
commercial activity, such as the carriage of any type of cargo.

446
Oil tanker means a vessel that is constructed or adapted nuts, kernels, or fruits.
primarily to carry crude oil or products in bulk as cargo. This
includes a tank barge, a tankship, and a combination carrier, as Wing tank means a tank that is located adjacent to the side shell
well as a vessel that is constructed or adapted primarily to carry plating.
noxious liquid substances in bulk as cargo and which also carries
crude oil or products in bulk as cargo. [CGD 96-026, 61 FR 33666, June 28, 1996; 61 FR 36786, July 12,
1996, as amended by CGD 91-045, 61 FR 39788, July 30, 1996;
Oily mixture means a mixture, in any form, with any oil content. USCG-2000-7641, 66 FR 55572, Nov. 2, 2001; USCG-2004-
Oily mixture includes, but is not limited to 18939, 74 FR 3378, Jan. 16, 2009; USCG-2014-0410, 79 FR
38437, July 7, 2014]
(1) Slops from bilges;
157.04 Authorization Of Classification Societies.
(2) Slops from oil cargoes (such as cargo tank washings, oily (a) The Coast Guard may authorize any classification society (CS)
waste, and oily refuse); to perform certain plan reviews, certifications, and inspections
required by this part on vessels classed by that CS, except that
(3) Oil residue; and only U.S. classification societies may be authorized to perform
those plan reviews, inspections, and certifications for U.S. vessels.
(4) Oily ballast water from cargo or fuel oil tanks, including any oil
cargo residue. (b) If a CS desires authorization to perform the plan reviews,
certifications, and inspections required under this part, it must
Oily mixture means a mixture with any oil content. submit to the Commandant (CG-CVC), Attn: Office of Commercial
Vessel Compliance, U.S. Coast Guard Stop 7501, 2703 Martin
Other non-petroleum oil means an oil of any kind that is not Luther King Jr. Avenue SE., Washington, DC 20593-7501,
petroleum oil, an animal fat, or a vegetable oil. evidence from the governments concerned showing that they
have authorized the CS to inspect and certify vessels on their
Permeability of a space means the ratio of the volume within a behalf under the MARPOL 73/78.
space that is assumed to be occupied by water to the total volume
of that space. (c) The Coast Guard notifies the CS in writing whether or not it is
accepted as an authorized CS. If authorization is refused, reasons
Petroleum oil means petroleum in any form, including but not for the refusal are included.
limited to, crude oil, fuel oil, sludge, oil residue, and refined
products. (d) Acceptance as an authorized CS terminates unless the
following are met:
Primary towing vessel means any vessel engaged in towing
astern, alongside, or pushing ahead and includes the tug in an (1) The authorized CS must have each Coast Guard regulation
integrated tug barge. It does not include fleeting or assist towing that is applicable to foreign vessels on the navigable waters of the
vessels. United States.

Product means any liquid hydrocarbon mixture in any form, (2) Each issue concerning equivalents to the regulations in this
except crude oil, petrochemicals, and liquefied gases. part must be referred to the Coast Guard for determination.

Segregated ballast means the ballast water introduced into a (3) Copies of any plans, calculations, records of inspections, or
tank that is completely separated from the cargo oil and fuel oil other documents relating to any plan review, inspection, or
system and that is permanently allocated to the carriage of ballast. certification performed to meet this part must be made available
to the Coast Guard.
Slop tank means a tank specifically designated for the collection
of cargo drainings, washings, and other oily mixtures. (4) Each document certified under 157.116(a)(2),
157.118(b)(1)(ii), and 157.216(b)(1)(ii) must be marked with the
Tank means an enclosed space that is formed by the permanent name or seal of the authorized CS.
structure of a vessel, and designed for the carriage of liquid in
bulk. (5) A copy of the final documentation that is issued to each vessel
that is certified under this part must be referred to the
Tank barge means a tank vessel not equipped with a means of Commandant (CG-CVC), Attn: Office of Commercial Vessel
self-propulsion. Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC 20593-7501.
Tank vessel means a vessel that is constructed or adapted
primarily to carry, or that carries, oil or hazardous material in bulk (Reporting and Recordkeeping requirements approved by the
as cargo or cargo residue, and that Office of Management and Budget under control number 1625-
0036)
(1) Is a vessel of the United States;
[CGD 82-28, 50 FR 11625, and 11630, Mar. 22, 1985, as
(2) Operates on the navigable waters of the United States; or amended by CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-
026, 61 FR 33668, June 28, 1996; USCG-2000-7641, 66 FR
(3) Transfers oil or hazardous material in a port or place subject to 55573, Nov. 2, 2001; USCG-2006-25150, 71 FR 39210, July 12,
the jurisdiction of the United States. This does not include an 2006; USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-
offshore supply vessel, or a fishing vessel or fish tender vessel of 2014-0410, 79 FR 38438, July 7, 2014]
not more than 750 gross tons when engaged only in the fishing
industry. 157.05 Performing Calculations For This Part.
In this part, unless the context requires otherwise:
Tankship means a tank vessel propelled by mechanical power or
sail. (a) Formulas are in the International System of Units (SI);

Vegetable oil means a non-petroleum oil or fat not specifically (b) Values used in those formulas must be in the International
identified elsewhere in this part that is derived from plant seeds, System of Units; and

447
(c) Forward and after perpendiculars are located at the forward (a) Sections 157.10d and 157.11(g) apply to each vessel to which
end and at the after end of the length. The forward perpendicular this part applies.
coincides with the foreside of the stem on the waterline on which
the length of the vessel is measured. (b) Sections 157.11 (a) through (f), 157.12, 157.15, 157.19(b)(3),
157.33, and 157.37 apply to each vessel to which this part applies
157.06 Appeals. that carries 200 cubic meters or more of crude oil or products in
(a) Any person directly affected by an action taken under this part bulk as cargo, as well as to each oceangoing oil tanker to which
may request reconsideration by the Coast Guard official who is this part applies of 150 gross tons or more. These sections do not
responsible for that action. apply to a foreign vessel which remains beyond the navigable
waters of the United States and does not transfer oil cargo at a
(b) Any person not satisfied with a ruling made under the port or place subject to the jurisdiction of the United States.
procedure contained in paragraph (a) of this section may appeal
that ruling in writing, except as allowed under paragraph (e) of this (c) Section 157.21 applies to each oil tanker to which this part
section, to the Coast Guard District Commander of the district in applies of 150 gross tons or more that is oceangoing or that
which the action was taken. The appeal may contain supporting operates on the Great Lakes. This section does not apply to a
documentation and evidence that the appellant wishes to have foreign vessel which remains beyond the navigable waters of the
considered. If requested, the District Commander may stay the United States and does not transfer oil cargo at a port or place
effect of the action being appealed while the ruling is being subject to the jurisdiction of the United States.
reviewed. The District Commander issues a ruling after reviewing
the appeal submitted under this paragraph. (d) Sections in subpart B of 33 CFR part 157 that are not
specified in paragraphs (a) through (c) of this section apply to
(c) Any person not satisfied with a ruling made under the each oceangoing oil tanker to which this part applies of 150 gross
procedure contained in paragraph (b) of this section may appeal tons or more, unless otherwise indicated in paragraphs (e)
that ruling in writing, except as allowed under paragraph (e) of this through (m) of this section. These sections do not apply to a
section, to the Commandant (CG-5P), Attn: Assistant foreign vessel which remains beyond the navigable waters of the
Commandant for Prevention, U.S. Coast Guard Stop 7501, 2703 United States and does not transfer oil cargo at a port or place
Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. subject to the jurisdiction of the United States.
The appeal may contain supporting documentation and evidence
that the appellant wishes to have considered. If requested, the (e) Sections 157.11 (a) through (f), 157.12, and 157.15 do not
Deputy for Operations Policy and Capabilities (CG-DCO-D) may apply to a vessel, except an oil tanker, that carries less than 1,000
stay the effect of the action being appealed while the ruling is cubic meters of crude oil or products in bulk as cargo and which
being reviewed. The Chief, Marine Safety, Security and retains oily mixtures on board and discharges them to a reception
Environmental Protection issues a ruling after reviewing the facility.
appeal submitted under this paragraph.
(f) Sections 157.11 (a) through (f), 157.12, 157.13, and 157.15 do
(d) Any decision made by the Assistant Commandant for not apply to a tank vessel that carries only asphalt, carbon black
Prevention (CG-5P) under the procedure contained in paragraph feedstock, or other products with similar physical properties, such
(c) of this section is final agency action. as specific gravity and cohesive and adhesive characteristics, that
inhibit effective product/water separation and monitoring.
(e) If the delay in presenting a written appeal would have a
significant adverse impact on the appellant, the appeal under (g) Sections 157.11 (a) through (f), 157.12, 157.13, 157.15, and
paragraph (b) or (c) of this section may initially be presented 157.23 do not apply to a tank barge that cannot ballast cargo
orally. If an initial presentation of the appeal is made orally, the tanks or wash cargo tanks while underway.
appellant must submit the appeal in writing within five days of the
oral presentation to the Coast Guard official to whom the oral (h) Sections 157.19 and 157.21 do not apply to a tank barge that
presentation was made. The written appeal must contain, at a is certificated by the Coast Guard for limited short protected
minimum the basis for the appeal and a summary of the material coastwise routes if the barge is otherwise constructed and
presented orally. certificated for service exclusively on inland routes.

[CGD 77-058b, 45 FR 43706, June 30, 1980, as amended by (i) Section 157.09(d) does not apply to any:
CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR
33667, 33668, June 28, 1996; CGD 97-023, 62 FR 33364, June (1) U.S. vessel in domestic trade that is constructed under a
19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; contract awarded before January 8, 1976;
USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-2010-
0351, 75 FR 36286, June 25, 2010; USCG-2014-0410, 79 FR (2) U.S. vessel in foreign trade that is constructed under a
38438, July 7, 2014 contract awarded before April 1, 1977; or

157.07 Equivalents. (3) Foreign vessel that is constructed under a contract awarded
The Coast Guard may accept an equivalent, in accordance with before April 1, 1977.
the procedure in 46 CFR 30.15-1, of a design or an equipment to
fulfill a requirement in this Part, except an operational method (j) Sections 157.09 and 157.10a do not apply to a new vessel that:
may not be substituted for a design or equipment requirement that
is also required under the MARPOL 73/78. (1) Is constructed under a building contract awarded after June 1,
1979;
[CGD 82-28, 50 FR 11625, Mar. 22, 1985; 62 FR 33359, June 19,
1997; 66 FR 55566, Nov. 2, 2001] (2) In the absence of a building contract, has the keel laid or is at
a similar stage of construction after January 1, 1980;
Subpart B-Design, Equipment, And Installation
(3) Is delivered after June 1, 1982; or
157.08 Applicability Of Subpart B.
(4) Has undergone a major conversion for which:
NOTE: An oil tanker as defined in 157.03 includes barges as
well as self-propelled vessels. (i) The contract is awarded after June 1, 1979;

448
(ii) In the absence of a contract, conversion is begun after (4) That has undergone a major conversion-
January 1, 1980; or
(i) For which the contract is placed on or after January 1, 2007;
(iii) Conversion is completed after June 1, 1982.
(ii) In the absence of a contract, the construction work of which is
(k) Sections 157.09(b)(3), 157.10(c)(3), 157.10a(d)(3), and begun on or after July 1, 2007; or
157.10b(b)(3) do not apply to tank barges.
(iii) That is completed on or after January 1, 2010.
(l) Section 157.10b does not apply to tank barges if they do not
carry ballast while they are engaged in trade involving the transfer (o) Section 157.11(h) applies to every oil tanker delivered on or
of crude oil from an offshore oil exploitation or production facility after January 1, 2010, meaning an oil tanker
on the Outer Continental Shelf of the United States.
(1) For which the building contract is placed on or after January 1,
(m) Section 157.12 does not apply to a U.S. vessel that: 2007;

(1) Is granted an exemption under Subpart F of this part; or (2) In the absence of a building contract, the keel of which is laid
or which is at a similar stage of construction on or after July 1,
(2) Is engaged solely in voyages that are: 2007;

(i) Between ports or places within the United States, its territories (3) The delivery of which is on or after January 1, 2010; or
or possessions;
(4) That has undergone a major conversion
(ii) Of less than 72 hours in length; and
(i) For which the contract is placed on or after January 1, 2007;
(iii) At all times within 50 nautical miles of the nearest land.
(ii) In the absence of a contract, the construction work of which is
(n) Section 157.10d does not apply to: begun on or after July 1, 2007; or

(1) A vessel that operates exclusively beyond the navigable (iii) That is completed on or after January 1, 2010.
waters of the United States and the United States Exclusive
Economic Zone, as defined in 33 U.S.C. 2701(8); [CGD 75-240, 41 FR 54179, Dec. 13, 1976, as amended by CGD
77-058b, 45 FR 43707, June 30, 1980; CGD 79-152, 45 FR
(2) An oil spill response vessel; 82249, Dec. 15, 1980; CGD 76-088b, 48 FR 45720, Oct. 6, 1983;
CGD 90-051, 57 FR 36239, Aug. 12, 1992; 57 FR 40494, Sept. 3,
(3) Before January 1, 2015 1992; CGD 97-023, 62 FR 33364, June 19, 1997; USCG-2008-
0179, 73 FR 35015, June 19, 2008]
(i) A vessel unloading oil in bulk as cargo at a deepwater port
licensed under the Deepwater Port Act of 1974 (33 U.S.C. 1501 157.09 Segregated Ballast.
et seq.); or (a) A new vessel of 70,000 tons DWT or more must have
segregated ballast tanks that have a total capacity to allow the
(ii) A delivering vessel that is off-loading oil in bulk as cargo in vessel to meet the draft and trim requirements in paragraph (b) of
lightering activities this section without recourse to the use of oil tanks for water
ballast.
(A) Within a lightering zone established under 46 U.S.C.
3715(b)(5); and (b) In any ballast condition during any part of a voyage, including
that of lightweight with only segregated ballast, the vessel's drafts
(B) More than 60 miles from the territorial sea base line, as and trim must have the capability of meeting each of the following
defined in 33 CFR 2.20. requirements:

(4) A vessel documented under 46 U.S.C., Chapter 121, that was (1) The molded draft amidship (dm) in meters without taking into
equipped with a double hull before August 12, 1992; account vessel deformation must not be less than dm in the
following mathematical relationship:
(5) A barge of less than 1,500 gross tons as measured under 46
U.S.C., Chapter 145, carrying refined petroleum in bulk as cargo dm = 2.0 + 0.02L
in or adjacent to waters of the Bering Sea, Chukchi Sea, and
Arctic Ocean and waters tributary thereto and in the waters of the (2) The drafts at the forward and after perpendiculars must
Aleutian Islands and the Alaskan Peninsula west of 155 degrees correspond to those determined by the draft amidship as specified
west longitude; or in paragraph (b)(1) of this section, in association with the trim by
the stern of no more than 0.015L.
(6) A vessel in the National Defense Reserve Fleet pursuant to 50
App. U.S.C. 1744. (3) The minimum allowable draft at the after perpendicular is that
which is necessary to obtain full immersion of the propeller.
(o) Section 157.11(h) applies to every oil tanker delivered on or
after January 1, 2010, meaning an oil tanker- (c) The vessel may be designed to carry ballast water in cargo
tanks during the condition described in 157.35.
(1) For which the building contract is placed on or after January 1,
2007; (d) Segregated ballast spaces, voids, and other noncargo-
carrying spaces for a vessel of conventional form must be
(2) In the absence of a building contract, the keel of which is laid distributed:
or which is at a similar stage of construction on or after July 1,
2007; (1) So that the mathematical average of the hypothetical collision
(Oc) and the hypothetical stranding (Os) outflows as determined
(3) The delivery of which is on or after January 1, 2010; or by the application of the procedures in 157.19 and Appendix B is

449
80 percent or less of the maximum allowable outflow (OA) as (2) The drafts at the forward and after perpendiculars must
determined by 157.19(b)(1); and correspond to those determined by the draft amidship under
paragraph (c)(1) of this section, in association with a trim by the
(2) To protect at least 45 percent of the sum of the side and stern of no more than 0.015L.
bottom shell areas, based upon projected molded dimensions,
within the cargo tank length. When the vessel design (3) The minimum draft at the after perpendicular is that which is
configuration does not provide for the spaces to be distributed to necessary to obtain full immersion of the propeller.
protect at least 45 percent of the side and bottom shell areas, the
spaces must be distributed so that the mathematical average of (d) Segregated ballast tanks required in paragraph (b) of this
the hypothetical collision (Oc) and the hypothetical stranding (Os) section, voids, and other spaces that do not carry cargo must be
outflows, determined by application of the procedures in 157.19 distributed:
and Appendix B, is a further 2 percent less than the maximum
allowable outflow (Oa) for each 1 percent by which the shell area (1) For a vessel to which 157.10d applies, in accordance with
protection coverage required is not achieved. 157.10d(c)(4); or,

(e) A ballast space, void or other non-cargo-carrying space used (2) For a vessel to which 157.10d does not apply, in accordance
to meet requirements in paragraph (d) of this section must with the procedure contained in appendix C to this part.
separate the cargo tank boundaries from the shell plating of the
vessel by at least 2 meters. (e) Each tank vessel under this section of 20,000 DWT or more
that carries crude oil must have a crude oil washing system that
(f) A vessel of conventional form for application of this section has: meets the design, equipment, and installation requirements in
Subpart D of this part.
(1) A block coefficient of .80 or greater,
(f) Each tank vessel under this section may be designed to carry
(2) A length to depth ratio between 12 and 16, and ballast water in cargo tanks as allowed under 157.35.

(3) A breadth to depth ratio between 1.5 and 3.5. [CGD 77-058b, 45 FR 43707, June 30, 1980, as amended by
CGD 90-051, 57 FR 36239, Aug. 12, 1992]
(g) Segregated ballast spaces, voids, and other noncargo-
carrying spaces for a vessel not of conventional form must be 157.10a Segregated Ballast Tanks, Crude Oil Washing
distributed in a configuration acceptable to the Coast Guard. Systems, And Dedicated Clean Ballast Tanks For Certain
New And Existing Vessels Of 40,000 DWT Or More.
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD (a) An existing vessel of 40,000 DWT or more that carries crude
74-32, 40 FR 49328, Oct. 22, 1975; CGD 75-201, 41 FR 1482, oil and a new vessel of 40,000 DWT or more but less than 70,000
Jan. 8, 1976] DWT that carries crude oil must have:

157.10 Segregated Ballast Tanks And Crude Oil Washing (1) Segregated ballast tanks with a total capacity to meet the draft
Systems For Certain New Vessels. and trim requirements in paragraph (d) of this section; or
(a) This section applies to a new vessel that:
(2) A crude oil washing system that meets the design, equipment,
(1) Is constructed under a building contract awarded after June 1, and installation requirements of Subpart D of this part.
1979;
(b) [Reserved]
(2) In the absence of a building contract, has the keel laid or is at
a similar stage of construction after January 1, 1980; (c) An existing vessel of 40,000 DWT or more that carries
products and a new vessel of 40,000 DWT or more but less than
(3) Is delivered after June 1, 1982; or 70,000 DWT that carries products must have:

(4) Has undergone a major conversion for which: (1) Segregated ballast tanks with a total capacity to meet the draft
(4)(i) The contract is awarded after June 1, 1979; and trim requirements in paragraph (d) of this section; or

(4)(ii) In the absence of a contract, conversion is begun after (2) Dedicated clean ballast tanks that have a total capacity to
January 1, 1980; or meet the draft and trim requirements in paragraph (d) of this
section and that meet the design and equipment requirements
(4)(iii) Conversion is completed after June 1, 1982. under Subpart E of this part.

(b) Each tank vessel under this section of 20,000 DWT or more (d) In any ballast condition during any part of a voyage, including
that carries crude oil and of 30,000 DWT or more that carries that of lightweight with either segregated ballast in segregated
products must have segregated ballast tanks that have a total ballast tanks or clean ballast in dedicated clean ballast tanks,
capacity to allow the vessel to meet the draft and trim each tank vessel under paragraph (a)(1), or (c) of this section
requirements in paragraph (c) of this section without recourse to must have the capability of meeting each of the following without
the use of cargo tanks for water ballast. recourse to the use of cargo tanks for water ballast:

(c) In any ballast condition during any part of a voyage, including (1) The molded draft amidship (dm) in meters, without taking into
that of lightweight with only segregated ballast, each tank vessel account vessel deformation, must not be less than dm in the
under paragraph (b) of this section must have the capability of following mathematical relationship:
meeting each of the following:
dm = 2.0 + 0.02L
(1) The molded draft amidship (dm) in meters, without taking into
account vessel deformation, must not be less than dm in the (2) The drafts at the forward and after perpendiculars must
following mathematical relationship: correspond to those determined by the draft amidship under
paragraph (d)(1) of this section, in association with a trim by the
dm = 2.0 + 0.2L stern of no more than 0.015L.

450
(3) The minimum draft at the after perpendicular is that which is (d) The owner or operator of a vessel that meets paragraph (c) of
necessary to obtain full immersion of the propeller. this section must apply for acceptance of the special ballast
arrangement, in writing, to the Officer in Charge, Marine
(e) Each tank vessel that meets paragraph (a)(1), or (c) of this Inspection, of the zone in which the vessel operates. The
section may be designed to carry ballast water in cargo tanks as application must contain:
allowed under 157.35.
(1) The specific route on which the vessel would operate;
NOTE: Segregated ballast tanks located in wing tanks provide
protection against oil outflow in the event of a collision, ramming, (2) The type of ballast to be carried;
or grounding.
(3) The location of the ballast on the vessel;
[CGD 77-058b, 45 FR 43707, June 30, 1980, as amended by
CGD 82-28, 50 FR 11626, Mar. 22, 1985; 63 FR 35524, June 30, (4) Calculations of draft and trim for maximum ballast conditions;
1998] and

157.10b Segregated Ballast Tanks, Dedicated Clean Ballast (5) The associated operating requirements or limitations
Tanks, And Special Ballast Arrangements For Tank Vessels necessary to ensure safe navigation of the vessel.
Transporting Outer Continental Shelf Oil.
(a) Each tank vessel that is engaged in the transfer of crude oil NOTE: Operating requirements or limitations necessary to ensure
from an offshore oil exploitation or production facility on the Outer safe navigation of the vessel could include (but are not limited to)
Continental Shelf of the United States on or after June 1, 1980 weather conditions under which the vessel would not operate and
must, if segregated ballast tanks or dedicated clean ballast tanks weather conditions under which cargo would be carried in certain
are not required under 157.09, 157.10 or 157.10a, have one cargo tanks on the ballast voyage.
of the following:
(e) The Coast Guard will inform each applicant for special ballast
(1) Segregated ballast tanks with a total capacity to meet the draft arrangements under paragraph (d) of this section whether or not
and trim requirements in paragraph (b) of this section. the arrangements are accepted. If they are not accepted, the
reasons why they are not accepted will be stated.
(2) Dedicated clean ballast tanks having a total capacity to meet
the draft and trim requirements in paragraph (b) of this section (f) Each tank vessel under this section may be designed to carry
and meeting the design and equipment requirements under ballast water in cargo tanks, as allowed under 157.35.
Subpart E of this part.
[CGD 79-152, 45 FR 82249, Dec. 15, 1980]
(3) Special ballast arrangements acceptable to the Coast Guard.
157.10c Segregated Ballast Tanks, Crude Oil Washing
(b) In any ballast condition during any part of a voyage, including Systems, And Dedicated Clean Ballast Tanks For Certain
that of lightweight with either segregated ballast in segregated New And Existing Tankships Of 20,000 To 40,000 DWT.
ballast tanks or clean ballast in dedicated clean ballast tanks, (a) This section applies to each tankship of 20,000 DWT or more,
each vessel under paragraph (a)(1) or (a)(2) of this section must but less then 40,000 DWT, except each one that-
have the capability of meeting each of the following:
(1) Is constructed under a building contract awarded after June 1,
(1) The molded draft amidship (dm), in meters, without taking into 1979;
account vessel deformation, must not be less than "dm" in the
following mathematical relationship: (2) In the absence of a building contract, has the keel laid or is at
a similar stage of construction after January 1, 1980;
dm = 2.00 + 0.020L for vessels of 150 meters or more in length2
dm = 1.25 + 0.025L for vessels less than 150 meters in length (3) Is delivered after June 1, 1982; or

(2) The drafts, in meters, at the forward and after perpendiculars (4) Has undergone a major conversion, for which-
must correspond to those determined by the draft amidship under
paragraph (b)(1) of this section, in association with a trim, in (4)(i) The contract is awarded after June 1, 1979; or
meters, by the stern (t) of no more than "t" in the following
mathematical relationship: (4)(ii) Conversion is completed after June 1, 1982.

t = 0.015L for vessels of 150 meters or more in length (b) On January 1, 1986, or 15 years after the date it was delivered
t = 1.5 + 0.005L for vessels less than 150 meters in length to the original owner or 15 years after the completion of a major
conversion, whichever is later, a vessel under this section that
(3) The minimum draft at the after perpendicular is that which is carries crude oil must have-
necessary to obtain full immersion of the propeller.
(1) Segregated ballast tanks that have a total capacity to allow the
(c) Special ballast arrangements are accepted under the vessel to meet the draft and trim requirements in 157.09(b); or
procedures in paragraph (d) of this section if:
(2) A crude oil washing system that meets the design, equipment,
(1) The vessel is dedicated to one specific route; and installation requirements of 157.122 through 157.138.

(2) Each offshore transfer facility on the route is less than 50 (c) On January 1, 1986, or 15 years after the date it was delivered
miles from shore; to the original owner or 15 years after the completion of a major
conversion, whichever is later, a vessel under this section that
(3) The duration of the ballast voyage is less than 10 hours; carries product must have

(4) They prevent the mixing of ballast water and oil; and (1) Segregated ballast tanks that have total capacity to allow the
vessel to meet the draft and trim requirements in 157.09(b); or-
(5) They provide suitable draft and trim to allow for the safe
navigation of the vessel on the intended route. (2) Dedicated clean ballast tanks that meet the design and

451
equipment requirements under 157.220, 157.222, and 157.224 Note:The double hull compliance dates of 46 U.S.C. 3703a(c) are
and have total capacity to allow the vessel to meet the draft and set out in appendix G to this part. To determine a tank vessel's
trim requirements in 157.09(b). double hull compliance date under OPA 90, use the vessel's hull
configuration (i.e., single hull; single hull with double sides; or
(d) If the arrangement of tanks on a vessel under this section is single hull with double bottom) on August 18, 1990.
such that, when using the tankage necessary to comply with the
draft and trim requirements in 157.09(b), the draft amidships (b) Each vessel to which this section applies must be fitted with:
exceeds the minimum required draft by more the 10 percent, or
the arrangement results in the propeller being fully immersed by (1) A double hull in accordance with this section; and
more than 10 percent of its diameter, alternative arrangements
may be accepted provided- (2) If 157.10 applies, segregated ballast tanks and a crude oil
washing system in accordance with that section.
(1) At least 80 percent of the propeller diameter is immersed; and
(c) Except on a vessel to which 157.10d(d) applies, tanks within
(2) The moulded draft amidships is at least 80 percent of that the cargo tank length that carry any oil must be protected by
required under 157.09(b)(1). double sides and a double bottom as follows:

[CGD 82-28, 50 FR 11626, Mar. 22, 1985; 50 FR 12800, Apr. 1, (1) Double sides must extend for the full depth of the vessel's side
1985] or from the uppermost deck, disregarding a rounded gunwale
where fitted, to the top of the double bottom. At any cross section,
157.10d Double Hulls On Tank Vessels. the molded width of the double side, measured at right angles to
(a) With the exceptions stated in 157.08(n), this section applies the side shell plating, from the side of tanks containing oil to the
to a tank vessel side shell plating, must not be less than the distance w as shown
in Figure 157.10d(c) and specified as follows:
(1) For which the building contract is awarded after June 30, 1990;
(i) For a vessel of 5,000 DWT and above: w=[0.5+(DWT/20,000)]
(2) That is delivered after December 31, 1993; meters; or, w=2.0 meters (79 in.), whichever is less, but in no
case less than 1.0 meter (39 in.).
(3) That undergoes a major conversion for which;
(ii) For a vessel of less than 5,000 DWT:
(i) The contract is awarded after June 30, 1990; or w=[0.4+(2.4)(DWT/20,000)] meters, but in no case less than 0.76
meter (30 in.).
(ii) Conversion is completed after December 31, 1993; or
(iii) For a vessel to which paragraph (a)(4) of this section applies:
(4) That is otherwise required to have a double hull by 46 U.S.C. w=0.76 meter (30 in.), provided that the double side was fitted
3703a(c). under a construction or conversion contract awarded prior to June
30, 1990.

FIGURE 157.10d(c) Minimum Double Hull Dimensions (ii) For a vessel of less than 5,000 DWT: h=B/15, but in no case
less than 0.76 meter (30 in.).
(2) At any cross section, the molded depth of the double bottom,
measured at right angles to the bottom shell plating, from the (iii) For a vessel to which paragraph (a)(4) of this section applies:
bottom of tanks containing oil to the bottom shell plating, must not h=B/15; or, h=2.0 meters (79 in.), whichever is the lesser, but in
be less than the distance h as shown in Figure 157.10d(c) and no case less than 0.76 meter (30 in.), provided that the double
specified as follows: bottom was fitted under a construction or conversion contract
awarded prior to June 30, 1990.
(i) For a vessel of 5,000 DWT and above: h=B/15; or, h=2.0
meters (79 in.), whichever is less, but in no case less than 1.0 (3) For a vessel built under a contract awarded after September
meter (39 in.). 11, 1992, within the turn of the bilge or at cross sections where

452
the turn of the bilge is not clearly defined, tanks containing oil paragraph (c)(1) of this section.
must be located inboard of the outer shell
(ii) For a vessel of less than 5,000 DWT: Not less than the
(i) For a vessel of 5,000 DWT and above: At levels up to 1.5h distance h above the line of the mid-ship flat bottom, as shown in
above the base line, not less than the distance h, as shown in Figure 157.10d(c)(3)(ii) and specified in paragraph (c)(2) of this
Figure 157.10d(c) and specified in paragraph (c)(2) of this section. section. At levels greater than h above the line of the mid-ship flat
At levels greater than 1.5h above the base line, not less than the bottom, not less than the distance w, as shown in Figure
distance w, as shown in Figure 157.10d(c) and specified in 157.10d(c)(3)(ii) and specified in paragraph (c)(1) of this section.

Figure 157.10d(c)(3)(ii)-Minimum Double Hull Dimensions right angles to the bottom shell.
Within the Turn of the Bilge of Vessels Under 5,000 DWT
(3) For a vessel to which paragraph (a)(4) of this section applies,
(4) For a vessel to which 157.10(b) applies that is built under a the width of the double sides and the depth of the double bottom
contract awarded after September 11, 1992. may be 38 cm. (15 in.), in lieu of the dimensions specified in
paragraphs (d)(1) and (d)(2) of this section, provided that the
(i) The aggregate volume of the double sides, double bottom, double side and double bottom tanks were fitted under a
forepeak tanks, and afterpeak tanks must not be less than the construction or conversion contract awarded prior to June 30,
capacity of segregated ballast tanks required under 157.10(b). 1990.
Segregated ballast tanks that may be provided in addition to
those required under 157.10(b) may be located anywhere within (4) For a vessel built under a contract awarded after September
the vessel. 11, 1992, a minimum 46 cm. (18 in.) clearance for passage
between framing must be maintained throughout the double sides
(ii) Double side and double bottom tanks used to meet the and double bottom.
requirements of 157.10(b) must be located as uniformly as
practicable along the cargo tank length. Large inboard extensions (e) Except as provided in paragraph (e)(3) of this section, a vessel
of individual double side and double bottom tanks, which result in must not carry any oil in any tank extending forward of:
a reduction of overall side or bottom protection, must be avoided.
(1) The collision bulkhead; or
(d) A vessel of less than 10,000 DWT that is constructed and
certificated for service exclusively on inland or limited short (2) In the absence of a collision bulkhead, the transverse plane
protected coastwise routes must be fitted with double sides and a perpendicular to the centerline through a point located:
double bottom as follows:
(i) The lesser of 10 meters (32.8 ft.) or 5 percent of the vessel
(1) A minimum of 61 cm. (2 ft.) from the inboard side of the side length, but in no case less than 1 meter (39 in.), aft of the forward
shell plate, extending the full depth of the side or from the main perpendicular;
deck to the top of the double bottom, measured at right angles to
the side shell; and (ii) On a vessel of less than 10,000 DWT tons that is constructed
and certificated for service exclusively on inland or limited short
(2) A minimum of 61 cm. (2 ft.) from the top of the bottom shell protected coastwise routes, the lesser of 7.62 meters (25 ft.) or 5
plating, along the full breadth of the vessel's bottom, measured at percent of the vessel length, but in no case less than 61 cm. (2 ft.),

453
aft of the headlog or stem at the freeboard deck; or and other oil piping lines to a cargo tank or slop tank; and

(iii) On each vessel which operates exclusively as a box or trail (4) An oil piping line that meets paragraph (f) of this section and is
barge, 61 cm. (2 ft.) aft of the headlog. connected to the cargo discharge piping on the outboard side of
the manifold valves for the draining of oil residue from cargo
(3) This paragraph does not apply to independent fuel oil tanks pumps and other oil piping lines to a receptacle on the shore.
that must be located on or above the main deck within the areas
described in paragraphs (e)(1) and (e)(2) of this section to serve (f) Each oil piping line under paragraph (d)(3) or (e)(4) of this
adjacent deck equipment that cannot be located further aft. Such section must have a cross-sectional area of 10 percent or less of
tanks must be as small and as far aft as is practicable. the cross-sectional area of the main cargo discharge piping line,
except if the oil piping line under paragraph (d)(3) of this section is
(f) On each vessel, the cargo tank length must not extend aft to installed before January 1, 1980, that piping line may have a
any point closer to the stern than the distance equal to the cross-sectional area of 25 percent or less of the cross-sectional
required width of the double side, as prescribed in 157.10d(c)(1) area of the main cargo discharge piping line.
or 157.10d(d)(1).
(g) Each tank vessel to which 157.10d applies that is built under
[CGD 90-051, 57 FR 36239, Aug. 12, 1992, as amended by a contract awarded after September 11, 1992 must be arranged
USCG-1999-6164, 65 FR 39262, June 23, 2000] so that:

157.11 Pumping, Piping And Discharge Arrangements. (1) Except for short lengths of completely welded (or equivalent)
(a) Each tank vessel must have a fixed piping system for piping,
transferring oily mixtures from cargo tanks to slop tanks and for
discharging oily mixtures to the sea and to reception facilities. On (i) Ballast piping and other piping to ballast tanks, such as
a vessel that has two or more independent piping arrangements, sounding and vent piping, do not pass through cargo tanks, and
the arrangements collectively form the fixed piping system
required by this paragraph. (ii) Cargo piping and other piping to cargo tanks do not pass
through ballast tanks;
(b) Each fixed piping system required by paragraph (a) of this
section must have: (2) Suction wells in cargo tanks that protrude into the double
bottom are as small as practicable and extend no closer to the
(1) At least two manifolds on the weather deck for transferring oily bottom shell plating than 0.5h, as specified in 157.10d(c)(2) or
mixtures to reception facilities, one of which is on the port side of 157.10d(d)(2), as applicable; and
the vessel and one of which is on the starboard side; and
(3) On a vessel that is constructed and certificated for service
(2) Except as provided in paragraph (c) of this section, at least exclusively on inland, Great Lakes, or limited short protected
one discharge point that: coastwise routes, any oil piping that is located within double hull
spaces must be placed as far from the outer shell as is
(i) Is used for discharges to the sea; practicable and must be fitted with valves at the point of
connection to the tank served, to prevent oil outflow in the event
(ii) Is on a port or starboard weather deck or on the vessel's side of damage to the piping. Such valves must be closed whenever
above the waterline of its deepest ballast condition; and the vessel is underway with any oil in tanks served by the
associated piping, except as necessary during transfer operations.
(iii) Has an automatic stop valve that is actuated by an oil content Note:Piping location requirements for an oceangoing vessel are in
meter signal, except that manual valves may be provided on new 157.19(d). Related operating requirements are in 157.45.
vessels of less than 4,000 tons deadweight and on existing
vessels. (h) Every oil tanker of 150 gross tons or more delivered on or after
January 1, 2010, as defined in 157.08(o), that has installed a
(c) An above waterline discharge point is not required on an sea chest that is permanently connected to the cargo pipeline
existing vessel if its fixed piping system meets paragraphs 3 and system, must be equipped with both a sea chest valve and an
4 of appendix E of this part. inboard isolation valve. The sea chest must be able to be isolated
from the cargo piping system by use of a positive means while the
(d) Each tank vessel under 157.09, 157.10a, or 157.10b that tanker is loading, transporting, or discharging cargo. This positive
carries crude oil must have: means must be is installed in the pipeline in such a way as to
prevent, under all circumstances, the section of pipe between the
(1) Equipment that drains each cargo pump and oil piping line of sea chest valve and the inboard valve from being filled with cargo
oil residue;
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD
(2) Oil piping lines for the draining of oil residue from cargo pumps 80-78, 45 FR 43704, June 30, 1980; CGD 77-058b, 45 FR 43708,
and other oil piping lines to a cargo tank or a slop tank; and June 30, 1980; CGD 79-152, 45 FR 82250, Dec. 15, 1980; CGD
76-088b, 48 FR 45720, Oct. 6, 1983; CGD 90-051, 57 FR 36244,
(3) An oil piping line that meets paragraph (f) of this section and is Aug. 12, 1992; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001;
connected to the cargo discharge piping on the outboard side of USCG-2004-18939, 74 FR 3378, Jan. 16, 2009]
the manifold valves for the draining of oil residue from cargo
pumps and other oil piping lines to a receptacle on the shore. 157.12 Oil discharge monitoring and control system.
(a) Each vessel must have an oil discharge monitoring and control
(e) Each tank vessel under 157.10 must have: system (monitoring system) that is designed for use with each
type of cargo oil that the vessel carries.
(1) Oil piping lines that are designed and installed to minimize oil
retention in those lines; (b) Each oil content meter component of the monitoring system
installed on a U.S. vessel must be approved under 46 CFR part
(2) Equipment that drains each cargo pump and oil piping line of 162, subpart 162.050. Each oil content meter component of the
oil residue; monitoring system installed on a foreign vessel must be approved:

(3) Oil piping lines for the draining of oil residue from cargo pumps (1) Under 46 CFR part 162, subpart 162.050; or

454
(2) As meeting IMO Marine Environment Protection Committee The calibration certificate certifying date of last calibration check
resolution MEPC.108(49) by a country that has ratified the must be retained on board for inspection purposes.
MARPOL 73/78. Paragraph 1.2.2 of MEPC.108(49) provides, as
to equipment installed in oil tankers the keels of which are laid, or (d) The monitoring system may have several scales as
which are at a similar stage of construction, before January 1, appropriate for its intended use. The recording device fitted to a
2005, for alternative compliance with IMO resolutions A.393(X), meter which has more than one scale must indicate the scale
A.496(XII), MEPC.13(19), and A.586(14). These five resolutions which is in use.
are incorporated by reference (see 157.02).
(e) Simple means must be provided aboard ship to check on
(c) Each oil discharge monitoring and control system on a U.S. instrument drift, repeatability of the instrument reading, and the
vessel must be installed in accordance with 157.12b through ability to re-zero the instrument.
157.12g of this part.
(f) Ship staff training must include familiarization in the operation
[USCG-2004-18939, 74 FR 3378, Jan. 16, 2009] and the maintenance of the equipment.

157.12a Definitions. (g) The routine maintenance of the monitoring system and
As used in 157.12a through 157.12g troubleshooting procedures must be clearly defined in the
Operating and Maintenance Manual. All routine maintenance and
Control section means a unit in a monitoring system composed repairs must be recorded.
of the items specified in 157.12d(a)(4)(viii).
[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]
Control unit means a device that receives automatic signals of
oil content of the effluent ppm, flow rate of discharge m3/hour, 157.12d Technical specifications.
ship's speed in knots, ship's position-latitude and longitude, date (a) Oil discharge monitoring and control system.
and time (GMT, Greenwich Mean Time), and status of the
overboard discharge control. The control unit makes automatic (1) The monitoring system must be capable of effectively
recordings of data as specified in 157.12d(h)(2). monitoring and controlling the discharge of any effluent into the
sea through those overboard discharge outlets permitted by
Oil discharge monitoring and control system or monitoring 157.11 that are necessary to fulfill the operational requirements of
system means a system that monitors the discharge into the sea the oil tanker.
of oily ballast or other oil-contaminated water from the cargo tank
areas and comprises the items specified in 157.12d(a)(4). (2) The discharge of dirty ballast water or other oil-contaminated
water from the cargo tank areas into the sea through outlets,
Overboard discharge control means a device that automatically which are not controlled by the monitoring system is prohibited.
initiates the sequence to stop the overboard discharge of the
effluent in alarm conditions and prevents the discharge (3) The monitoring system must function effectively under all
throughout the period the alarm condition prevails. The device environmental conditions normally encountered by oil tankers,
may be arranged to close the overboard valves or to stop the and must be designed and constructed to satisfy the
relevant pumps, as appropriate. specifications for approval in 46 CFR subpart 162.050.
Moreover
PPM means parts of oil per million parts of water by volume.
(i) The system must be designed so a discharge of dirty-ballast or
Starting interlock means a facility that prevents the initiation of other oil-contaminated water from the cargo tank areas cannot
the opening of the discharge valve or the operation of other take place unless the monitoring system is in the normal
equivalent arrangements before the monitoring system is fully operating mode and the relevant sampling point has been
operational when use of the monitoring system is required by the selected;
Convention.
(ii) The system should sample the effluent discharge from a
[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009] minimum number of discharge outlets and be arranged so that
discharge overboard can take place via only one outlet at a time;
157.12b Implementation requirements.
Oil discharge monitoring and control systems must be fitted to oil (iii) Where it is intended that more than one line be used for
tankers to which this subpart applies. A monitoring and control simultaneous discharging purposes, one oil content meter,
system must employ a control unit and be fitted with a starting together with a flow meter, must be installed in each discharge
interlock and overboard discharge control. line. These instruments must be connected to a common
processor; and
[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]
(iv) To avoid alarms because of short-term high-oil-concentration
157.12c Construction, maintenance, security, calibration, signals (spikes) causing indications of high instantaneous rates of
and training. discharge, the short-term high ppm signal may be suppressed for
(a) The oil discharge monitoring and control system must be a maximum of 10 seconds. Alternatively, the instantaneous rate of
designed to ensure that user access is restricted to essential discharge may be continuously averaged during the preceding 20
controls. Access beyond these controls must be available for seconds or less as computed from instantaneous ppm values of
emergency maintenance and temporary repair but must require the oil content meter readings received at intervals not exceeding
the breaking of security seals or activation of another device, 5 seconds.
which indicates an entry to the equipment.
(4) The monitoring system must comprise
(b) The seals must be of a design that only the manufacturer or
the manufacturer's agent can replace the seals or reset the (i) An oil content meter to measure the oil content of the effluent in
system following inspection and permanent repairs to the ppm. The meter must be approved in accordance with the
equipment. provisions contained in 46 CFR subpart 162.050 and certified to
take into account the range of cargoes carried;
(c) The accuracy of the monitoring system must be verified during
International Oil Pollution Prevention certificate renewal surveys. (ii) A flow rate indicating system to measure the rate of effluent

455
being discharged into the sea; two stop-valves must be fitted, in series, in the sample line. One
of these may be the remote controlled sample selector valve.
(iii) A ship speed indicating device to give the ship's speed in
knots; (4) Sampling probes must be arranged for easy withdrawal and
must, as far as practicable, be mounted at an accessible location
(iv) A ship position indicating device to give the ship's position- in a vertical section of the discharge line. Should it be necessary
latitude and longitude; to fit sampling probes in a horizontal section of the discharge line
it must be ascertained, during the installation survey, that the pipe
(v) A sampling system to convey a representative sample of the runs full of liquid at all times during the discharge of the effluent.
effluent to the oil content meter; Sampling probes must normally penetrate inside the discharge
pipe to a distance of one quarter the diameter of that pipe.
(vi) An overboard discharge control to stop the overboard
discharge; (5) Means must be provided for cleaning the probes and piping
system by the provision of permanent clean water flushing
(vii) A starting interlock to prevent the discharge overboard of any arrangements or an equivalent method. The design of the probes
effluent unless the monitoring system is fully operational; and and piping must be such as to minimize their clogging by oil, oily
residue, and other matter.
(viii) A control section comprising
(6) The velocity of the fluid in the piping must be such that, taking
(A) A processor that accepts signals of oil content in the effluent, into consideration the length of the piping, the overall response
the effluent flow rate, and the ship's speed, and computes these time must be as short as possible between an alteration in the
values into liters of oil discharged per nautical mile and the total mixture being pumped and the alteration in the oil content meter
quantity of oil discharged; reading. In no case should the response time, including the
response time of the oil content meter, be more than 40 seconds.
(B) A means to provide alarms and command signals to the
overboard discharge control; (7) The location of sampling probes in relation to any point of flow
diversion to a slop tank must be selected with regard to the need
(C) A recording device to provide a record of data required under for sampling the oily water in the recirculation mode.
157.12d(h)(2);
(8) The arrangements for driving the sampling pump or any other
(D) A data display to exhibit the current operational data required pumps used in the system must account for the safety
under 157.12d(i); requirements of the space in which the pump is located. Any
bulkhead penetration between a hazardous and a non-hazardous
(E) A manual override system to be used in the event of failure of area must be of a design meeting the requirements of 46 CFR
the monitoring system; 32.60-20 and 46 CFR subpart 111.105.

(F) A means to provide signals to the starting interlock to prevent (9) The flushing arrangement must be such that where necessary
the discharge of any effluent before the monitoring system is fully it can be utilized for test-running and stabilizing the oil content
operational; and meter and correcting for zero setting.

(G) The control section of the monitoring system must be tested in (10) Sample water returning to the slop tank must not be allowed
accordance with the vibration testing requirements described in to free-fall into the tank. In tankers equipped with an inert gas
46 CFR 162.050-37. system, a water seal meeting the requirements of 46 CFR 32.53-
10(b) must be arranged in the piping leading to a slop tank.
(5) Each main component of the monitoring system must be fitted
with a name plate, properly identifying the component by (11) A valve must be provided for the manual collection of
assembly drawing number, type or model number, and serial samples from the inlet piping to the oil content meter at a point
number, as appropriate. downstream of any sampling pump.

(6) The electrical components of the monitoring system that are to (c) Flow rate indicating system.
be installed in an explosive atmosphere must be in compliance
with 46 CFR 162.050-25. (1) A flow meter for measuring the rate of discharge must be
installed in a vertical section of a discharge line or in any other
(7) Each main component of the monitoring system must be section of a discharge line as appropriate, so as to be always
designed in accordance with the applicable requirements filled with the liquid being discharged.
contained in subchapters F and J.
(2) A flow meter must employ an operating principle which is
(b) Sampling system. suitable for shipboard use and, where relevant, can be used in
large diameter pipes.
(1) Sampling points must be located so relevant samples can be
obtained from those outlets used for operational discharges in (3) A flow meter must be suitable for the full range of flow rates
accordance with paragraph (a) of this section. The sampling that may be encountered during normal operation. Alternatively,
probes located in the overboard discharge lines and the piping arrangements such as the use of two flow meters of different
system connecting the sampling probes to the oil content meter ranges or a restriction of the operational flow rate range may be
must meet the requirements of this paragraph. employed if necessary to meet this requirement.

(2) The piping and probes must be (4) The flow meter, as installed, must have an accuracy of 10
percent, or better, of the instantaneous rate of discharge
(i) Of a material resistant to fire, corrosion, and oil; and throughout the operating range for discharging the effluent.

(ii) Of adequate strength and properly jointed and supported. (5) Any component part of the flow meter in contact with the
effluent should be of corrosion-resistant and oil-resistant material
(3) The system must have a stop-valve fitted adjacent to each of adequate strength.
probe, except that, where the probe is mounted in a cargo line,

456
(6) The design of the flow metering arrangements must account (ii) Instantaneous oil content (ppm);
for the safety requirements of the space in which such metering
arrangements are located. (iii) The total quantity of oil discharged (cubic meters or liters);

(d) Ship's speed indicating system. The automatic speed signal (iv) Time and date (GMT, Greenwich Mean Time);
required for a monitoring system must be obtained from the ship's
speed indicating device by means of a repeater signal. The speed (v) Ship's speed in knots;
information used may be either speed over the ground or speed
through the water, depending upon the speed measuring (vi) Ship's positionlatitude and longitude;
equipment installed on board.
(vii) Effluent flow rate;
Note to paragraph (d):See Recommendation on Performance
Standards for Devices to Indicate Speed and Distance, Annex to (viii) Status of the overboard discharge control or arrangement;
resolution A.824(19) as amended by resolution MSC.96(72).
(ix) Oil type selector setting, where applicable;
(e) Ship position indicating device. The ship position indicating
device must consist of a receiver for a global navigation satellite (x) Alarm condition;
system, a terrestrial radio navigation system, or other means
suitable for use at all times throughout the intended voyage to (xi) Failure, including, but not limited to, fault or no flow; and
establish and update the ship's position by automatic means.
(xii) Override action, including, but not limited to, manual override,
(f) Overboard discharge control management. The overboard flushing, and calibration. Any information inserted manually as a
discharge control must be able to stop the discharge of the result of an override action must be identified as such on the
effluent into the sea automatically by either closing all relevant printout.
overboard discharge valves or stopping all relevant pumps. The
discharge control arrangement must be fail-safe so that all (3) Data required in paragraph (h)(2) of this section must be
effluent discharge is stopped when the monitoring system is not in printed out or may be stored electronically with printout capability,
operation, at alarm conditions, or when the monitoring system with the following minimum frequency:
fails to function.
(i) When the discharge is started;
(g) Processor and transmitting device.
(ii) When the discharge is stopped;
(1) The processor of a control section must receive signals from
the oil content meter, the flow rate indicating system and the (iii) At intervals of not more than 10 minutes (except when the
ship's speed indicating system at time intervals not exceeding 5 system is in stand-by mode);
seconds and must automatically compute the following:
(iv) When an alarm condition develops;
(i) Instantaneous rate of discharge of oil in liters per nautical mile;
and (v) When normal conditions are restored;

(ii) Total quantity of oil discharged during the voyage in cubic (vi) Whenever the computed rate of discharge varies by 10 liters
meters or liters. per nautical mile;

(2) When the limits imposed by 157.37(a)(3) and (4) are (vii) When zero-setting or calibration modes are selected; and
exceeded, the processor must provide alarms and provide
command signals to the overboard discharge control arrangement, (viii) On manual command.
which will cause the discharge of effluent into the sea to stop.
(4) The recording device must be located in a position easily
(3) The processor must normally include a device for the accessible to the person in charge of the overboard discharge
continuous generation of time and date information. Alternative operation.
arrangements that ensure the automatic and continuous reception
of time and date information from an external source may be (i) Data display.
approved by the Marine Safety Center.
(1) In addition to the recorded printout, the current data must be
(4) In the event of power failure the processor must retain its visibly displayed and at a minimum contain the following:
memory in respect to computation of the total quantity of oil
discharged, time, and date. A printout of data must be obtained (i) Instantaneous rate of discharge of oil (liters per nautical mile);
when the monitoring system is operating with manual override,
but the printout of data is not required if, when the power fails, the (ii) Total quantity of oil discharged (cubic meters or liters);
monitoring system activates the overboard discharge control to
stop the discharge of effluent. (iii) Instantaneous oil content (ppm);

(h) Recording devices. (iv) Flow rate;

(1) The recording device of a control section must include a digital (v) Ship's speed; and
printer, which may be formatted electronically. The recorded
parameters must be explicitly identified on the printout. The (vi) Status of the overboard discharge control or arrangement.
printout must be legible and must remain so once removed from
the recording device and must be retained for at least 3 years. (2) The data display must be located in a position easily observed
by the person in charge of the overboard discharge operation.
(2) The data to be automatically recorded must include at least
the following: (j) Manually operated alternatives in the event of equipment
malfunction. Acceptable alternative means of obtaining
(i) Instantaneous rate of discharge of oil (liters per nautical mile);

457
information in the event of a failure in the monitoring system (3) A check of all switching functions interconnecting with other
include the following: parts of the system; and

(1) Oil content meter or sampling system: Visual observation of (4) A check for correct reading at several ppm values on all
the surface of the water adjacent to the effluent discharge; measurement scales when operated on an oil appropriate for the
application of the oil content meter or by an equivalent method.
(2) Flow meter: Pump discharge characteristics;
(c) A functional check conducted on a control section of a
(3) Ship's speed indicating device: Main engine rpm; monitoring system must include the following operations:

(4) Processor: Manual calculation and manual recording; and (1) A check of all alarm functions;

(5) Overboard discharge control: manual operation of pumps and (2) A check of the correct function of the signal processor and the
valves. recording equipment when simulated input signals of ppm, flow
rate, and speed are varied;
(k) Alarm conditions resulting in the stopping of discharge.
Audio-visual alarms must be activated for any of the following (3) A check that the alarm is activated when the input signals are
conditions and the monitoring system must be so arranged that varied to exceed the discharge limits contained in 157.37(a)(3)
the discharge of effluent into the sea is stopped: and (4);

(1) Whenever the instantaneous rate of discharge of oil exceeds (4) A check that a signal is given to the overboard discharge
30 liters per nautical mile; control when alarm conditions are reached; and

(2) When the total quantity of oil discharged reaches 1/30,000 of (5) A check that the alarm is activated when each one of the input
the previous cargo for new vessels and 1/15,000 for existing signals is varied to exceed the capacity of the system.
vessels; or
[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009]
(3) In the event of failure of the system's operation, such as:
157.12g Plan approval requirements.
(i) Power failure; Adequate documentation must be prepared well in advance of the
intended installation of a monitoring system and must be
(ii) Loss of sample; submitted to the Marine Safety Center for approval. The following
documentation must be submitted:
(iii) Significant failure of the measuring or recording system; or
(a) A description of the monitoring system. The description must
(iv) When the input of any sensor exceeds the effective capacity include a diagram of the pumping and piping arrangements
of the system. identifying the operational outlets for dirty ballast and oil-
contaminated water from the cargo-tank area and compatible with
(l) Location of alarm indicator. The alarm indicator of the the operational requirements set out in the oil tanker's cargo and
system must be installed in the cargo control room, where ballast handling manuals. Special considerations will be given to
provided, and/or in other places where it will attract immediate installations in oil tankers, which have unusual pumping and
attention and action. piping arrangements.

[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009] (b) Equipment manuals, supplied by manufacturers, which must
contain details of the major components of the monitoring system.
157.12e Certificate of approval.
(a) A copy of the certificate of approval for the oil content meters (c) An operations and technical manual for the complete
must be carried aboard an oil tanker fitted with such equipment at monitoring system which is proposed to be installed in the oil
all times. tanker. This manual must cover the arrangements and operation
of the system as a whole and must specifically describe parts of
(b) A certificate of type approval must be issued for the specific the system, which are not covered by the manufacturer's
application for which the oil content meter is approved, that is, for equipment manuals.
crude oil, black products, white products, or other products or
applications as listed on the certificate. (d) The operations section of the manual must include normal
operational procedures and procedures for the discharge of oily
[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009] water in the event of malfunction of the equipment.

157.12f Workshop functional test requirements. (e) The technical section of the manual must include adequate
(a) Each oil content meter and each control section of a information (description and diagram of the pumping and piping
monitoring system must be subjected to a functional test on a arrangements of the monitoring system and electrical/electronic
suitable test bench prior to delivery. The detailed program for a wiring diagrams) to enable fault finding and must include
functional test of such equipment must be developed by the instructions for keeping a maintenance record.
manufacturer, taking into account the features and functions of
the specific design of equipment. A completed workshop (f) A technical installation specification defining, among other
certificate including the delivery test protocol must be received things, the location and mounting of components, arrangements
with each unit delivered. for maintaining the integrity of the boundary between safe and
hazardous spaces, and the arrangement of the sample piping,
(b) A functional test conducted on an oil content meter must including calculation of the sample response time referred to in
include the following operations: 157.12d(b)(6). The installation must comply with manufacturer's
specific installation criteria.
(l) A check of flow rate, pressure drop, or an equivalent parameter
as appropriate; (g) A copy of the certificate of type approval for the oil content
meter.
(2) A check of all alarm functions built into the meter;

458
(h) Technical documentation relevant to other main components (a) A tank vessel of 400 gross tons or more must have a tank that
of the monitoring system. This documentation must include the receives and holds oil residue resulting from purification of fuel
vibration report for the control section of the monitoring section. and lubricating oil and from oil leakages in machinery spaces.

(i) A recommended test and checkout procedure specific to the (b) Each oil residue (sludge) tank required in paragraph (a) of this
monitoring system installed. This procedure must specify all the section must have an adequate capacity that is determined by the:
checks to be carried out in a functional test by the installation
contractor and must provide guidance for the surveyor when (1) Type of machinery installed on the vessel; and
carrying out the onboard survey of the monitoring system and
confirming the installation reflects the manufacturer's specific (2) Maximum fuel oil capacity.
installation criteria.
(c) Each oil residue (sludge) tank on a new vessel must be
[USCG-2004-18939, 74 FR 3379, Jan. 16, 2009] designed to facilitate:

157.13 Designated Observation Area. (1) Cleaning; and


Each new vessel must have a designated observation area on the
weather deck or above that is: (2) Discharging to a reception facility.

(a) Located where the effluent from each discharge point and [CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD
manifold described in 157.11 can be visually observed; and 80-78, 45 FR 43704, June 30, 1980; USCG-2000-7641, 66 FR
55573, Nov. 2, 2001]
(b) Equipped with:
157.19 Cargo tank arrangement and size.
(1) A means to directly stop the discharge of effluent into the sea; (a) With the exception of those vessels listed in paragraph (b) of
or this section, this section applies to:

(2) A positive communication system, such as a telephone or a (1) A U.S. or foreign vessel that is delivered after January 1, 1977;
radio, between the observation area and the discharge control
position. (2) A U.S. vessel that is delivered before January 1, 1977, for
which the building contract is awarded after January 1, 1972, or, if
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD there is no building contract, the keel is laid or the vessel is at a
76-088b, 48 FR 45720, Oct. 6, 1983] similar stage of construction after June 30, 1972; and

157.14 Pump-room bottom protection. (3) A foreign vessel that is delivered before January 1, 1977, for
Each oil tanker of 5,000 tons deadweight or more constructed on which the building contract is awarded after January 1, 1974, or, if
or after January 1, 2007, must meet the minimum standard of there is no building contract, the keel is laid or the vessel is at a
pump room bottom protection required by Annex I, Regulation 22 similar stage of construction after June 30, 1974.
(incorporated by reference, see 157.02).
(b) This section does not apply to U.S. or foreign oil tankers
157.15 Slop Tanks In Tank Vessels. delivered on or after January 1, 2010.
(a) Number. A tank vessel must have the following number of slop
tanks that comply with the requirements of this section: (c) As determined in accordance with the procedures contained in
appendix A of this part, each cargo tank must be of such size and
(1) A new vessel of less than 70,000 tons DWT and an existing arrangement that:
vessel must have at least one slop tank.
(1) The hypothetical outflow for side damage (Oc) or for bottom
(2) A new vessel of 70,000 tons DWT or more must have at least damage (Os) anywhere within the length of the vessel must not
two slop tanks. exceed OA (30,000 cubic meters or (400)(3 DWT) whichever
is greater, limited to a maximum of 40,000 cubic meters);
(b) Capacity. Slop tanks must have the total capacity to retain oily
mixtures from cargo tank washings, oil residue, and ballast water (2) The volume of each wing tank and center tank is less than the
containing an oily mixture of 3 percent or more of the oil carrying allowable volume of a wing tank (VOLW) and the allowable
capacity. Two percent capacity is allowed if there are volume of a center tank (VOLC) respectively; and

(1) Segregated ballast tanks that meet the requirements in (3) The length of a tank is less than the allowable length of a tank
157.09, 157.10, 157.10a, or 157.10b; or (la).

(2) No eductors arrangements that use water in addition to the (d) If a cargo transfer system interconnects two or more cargo
washing water. tanks, the system must have valves to segregate the tanks from
each other.
(c) Design. A slop tank required in this section:
(e) If a line of piping that runs through a cargo tank in a position
(1) Must minimize turbulence, entrainment of oil, and the creation less than tc from the vessel's side or less than vs from the
of an emulsion by the use of separate inlet and outlet connections; vessel's bottom as defined in appendix A of this part, has a
and branch, that branch must have a stop valve:

(2) May carry bulk oil when not being used as a slop tank. (1) Within each cargo tank into which the branch opens; or

[CGD 74-32, 40 FR 48283, Oct. 14, 1975] (2) Outside each tank into which the branch opens in a location
Editorial Note:For Federal Register citations affecting 157.15, that is immediately adjacent to the point at which the branch
see the List of CFR Sections Affected, which appears in the enters the tank.
Finding Aids section of the printed volume and at www.fdsys.gov.
(f) If piping that serves suction wells is installed within a double
157.17 Oil Residue (Sludge) Tank. bottom, that piping must be:

459
(1) Fitted with valves located at the point of connection to the tank (1) Sections 157.09, 157.10, 157.10a, 157.10b, or 157.10d, as
served to prevent oil outflow in the event of damage to the piping; applicable; or
and
(2) For a vessel to which 157.10d does not apply, Regulations
(2) Designed to be installed as high from the bottom shell as 13 and 13E of the MARPOL 73/78.
possible.
(d) Plans and specifications for the vessel that include:
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD
75-240, 41 FR 54180, Dec. 13, 1976; CGD 76-088b, 48 FR (1) Design characteristics;
45720, Oct. 6, 1983; USCG-2000-7223, 65 FR 40058, June 29,
2000] (2) A lines plan;

157.20 Accidental oil outflow performance. (3) Curves of form (hydrostatic curves) or hydrostatic tables;
Each oil tanker which is delivered on or after January 1, 2010
must meet the minimum standard of accidental oil outflow (4) A general arrangement plan of each deck and level;
performance required by Annex I, Regulation 23 (incorporated by
reference, see 157.02). (5) Inboard and outboard profile plans showing oiltight and
watertight bulkheads;
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD
75-240, 41 FR 54180, Dec. 13, 1976; CGD 76-088b, 48 FR (6) A midship section plan;
45720, Oct. 6, 1983; 65 FR 40052, June 29, 2000; FR Doc. 2015-
01925 Filed 2-3-15; 8:45 am] (7) A capacity plan showing the capacity and the vertical and
longitudinal centers of gravity of each cargo space, tank, and
157.22 Intact Stability Requirements. similar space;
All tank ships of 5,000 DWT and above contracted after
December 3, 2001 must comply with the intact stability (8) Tank sounding tables or tank capacity tables;
requirements of Regulation 27, Annex I MARPOL 73/78.
(9) Draft mark locations;
[USCG-2000-7641, 66 FR 55573, Nov. 2, 2001, as amended by
USCG-2009-0416, 74 FR 27441, June 10, 2009] (10) Detailed plans of watertight doors; and

157.23 Cargo And Ballast System Information. (11) Detailed plans of vents.
(a) Each tank vessel to which this part applies must have an
instruction manual that describes the automatic and manual [CGD 75-240, 41 FR 54180, Dec. 13, 1976, as amended by CGD
operation of the cargo and ballast system in the vessel. 77-058b, 45 FR 43708, June 30, 1980; CGD 79-152, 45 FR
82250, Dec. 15, 1980; CGD 90-051, 57 FR 36244, Aug. 12, 1992;
(b) The format and information contained in the instruction manual USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]
required in paragraph (a) of this section must be similar to the
manual entitled "Clean Seas Guide for Oil Tankers" which can be 157.24a Submission Of Calculations, Plans, And
obtained from the International Chamber of Shipping, 30-32 St. Specifications For Existing Vessels Installing Segregated
Mary Axe, London, England, EC3A 8ET. Ballast Tanks.
(a) Before modifications are made to a U.S. tank vessel to meet
157.24 Submission Of Calculations, Plans, And 157.10a(a)(1), 157.10a(c)(1), 157.10c(b)(1), or 157.10c(c)(1),
Specifications. the vessel's owner or operator must submit the following to the
The owner, builder or designer of a new vessel to which this part Officer in Charge, Marine Inspection, of the zone where the
applies shall submit the documentation specified in this section to modification will be made or to the appropriate Coast Guard
the Coast Guard before that vessel enters the navigable waters of technical office listed in 157.100(b):
the United States. The owner, builder, or designer of a vessel that
must comply with 157.10d shall submit the documentation (1) A drawing or diagram of the pumping and piping system for
specified in this section to the Coast Guard before that vessel the segregated ballast tanks.
enters the navigable waters of the United States or the U.S.
Exclusive Economic Zone. (2) A drawing of the segregated ballast tank arrangement.

(a) Calculations to substantiate compliance with the tank (3) Documentation, calculations, or revised stability information to
arrangement and size requirements under 157.19, or a letter show that the vessel, with the addition of the segregated ballast
from the government of the vessel's flag state that certifies tanks, meets the stability standards for load line assignment in 46
compliance with: CFR Part 42.

(1) Section 157.19; or (4) Documentation, calculations, or a revised loading manual to


show that the vessel, with the addition of the segregated ballast
(2) Regulations 24 of Annex I of the International Convention for tanks, meets the structural standards in 46 CFR Part 32.
the Prevention of Pollution from Ships, 1973.
(5) Plans and calculations to show that the vessel, as modified,
(b) Except for a new vessel that is a foreign vessel, calculations to complies with the segregated ballast capacity and distribution
substantiate compliance with subdivisions and damage stability requirements in 157.10a.
requirements under 157.21.
(b) Before each foreign vessel under 157.10a(a)(1) or
(c) Plans and calculations to substantiate compliance with the 157.10a(c)(1) enters the navigable waters of the United States,
applicable segregated ballast and double hull requirements in the owner or operator of that vessel must
157.09, 157.10, 157.10a, 157.10b, or 157.10d, or certification
from the government of the vessel's flag state that the vessel (1) Submit to the Commandant (CG-CVC), Attn: Office of
complies with the segregated ballast and double hull Commercial Vessel Compliance, U.S. Coast Guard Stop 7501,
requirements in: 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
7501

460
(i) A letter from the authority that assigns the load line to the [CGD 77-058b, 45 FR 43708, June 30, 1980]
vessel finding that the location of the segregated ballast tanks is
acceptable; and 157.27 Discharges: Tank Vessels Carrying Oil Exclusively
On Rivers, Lakes, Bays, Sounds, And The Great Lakes, And
(ii) Plans and calculations to substantiate compliance with the Seagoing Tank Vessels Of Less Than 150 Gross Tons.
segregated ballast capacity requirements in 157.09(b); or Unless a tank vessel carrying oil exclusively on rivers, lakes, bays,
sounds, and the Great Lakes, or a seagoing tank vessel of less
(2) Submit to the Officer in Charge, Marine Inspection, of the zone than 150 gross tons discharges clean ballast or segregated
in which the first U.S. port call is made, a letter or document from ballast, the vessel must:
the government of vessel's flag state certifying that the vessel
complies with the segregated ballast capacity requirements in (a) Retain on board any oily mixture; or
157.09(b) or Regulation 13 of the MARPOL 73/78.
(b) Transfer an oily mixture to a reception facility.
(c) On January 1, 1986, or 15 years after the date it was delivered
to the original owner, or 15 years after the completion of a major 157.28 Discharges From Tank Barges Exempted From
conversion, whichever is later, before that vessel enters the Certain Design Requirements.
navigable waters of the United States, the owner or operator of an The person in charge of a tank barge exempted under 157.08(g)
existing foreign vessel under 157.10c(b)(1) or 157.10c(c)(1) from the requirements in 157.11, 157.13, 157.15, and 157.23
must shall ensure that while the barge is proceeding en route:

(1) Submit to the Commandant (CG-CVC), Attn: Office of (a) Cargo tanks are not ballasted or washed; and
Commercial Vessel Compliance, U.S. Coast Guard Stop 7501,
2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593- (b) Oil or oily mixtures are not discharged.
7501
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD
(i) A letter from the authority that assigns the load line to the 76-088b, 48 FR 45721, Oct. 6, 1983; CGD 90-051, 57 FR 36244,
vessel finding that the location of the segregated ballast tanks is Aug. 12, 1992]
acceptable; and
157.29 Discharges: Seagoing Tank Vessels Of 150 Gross
(ii) Plans and calculations to substantiate compliance with the Tons Or More.
applicable segregated ballast capacity requirements in 157.09(b) Unless a seagoing tank vessel of 150 gross tons or more
or 157.10c(d); or discharges an oily mixture in compliance with the requirements in
157.37, 157.39, or 157.43, the vessel must:
(2) Submit to the Officer in Charge, Marine Inspection, of the zone
in which the first U.S. port call is made a letter from an authorized (a) Retain the mixture; or
CS or the government of the vessel's flag state certifying that the
vessel complies with the segregated ballast capacity (b) Transfer the mixture to a reception facility.
requirements in 157.09(b) or 157.10c(d).
157.31 Discharges: Chemical Additives.
(Reporting and Recordkeeping requirements approved by the No person may use a chemical additive to circumvent the
Office of Management and Budget under control number 1625- discharge requirements in 157.27, 157.29, 157.37, 157.39, and
0036) 157.43.

[CGD 82-28, 50 FR 11626 and 11630, Mar. 22, 1985, as 157.33 Water Ballast In Fuel Oil Tanks.
amended by CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96- A new vessel may not carry ballast water in an fuel oil tank.
026, 61 FR 33668, June 28, 1996; USCG-2000-7641, 66 FR
55573, Nov. 2, 2001; USCG-2006-25150, 71 FR 39210, July 12, [66 FR 55566, Nov. 2, 2001]
2006; USCG-2014-0410, 79 FR 38438, July 7, 2014]
157.35 Ballast Added To Cargo Tanks.
Subpart C Vessel Operation The master of a tank vessel with segregated ballast tanks or
dedicated clean ballast tanks under 157.09, 157.10,
157.25 Applicability Of Subpart C. 157.10a(a)(1), 157.10a(b), 157.10a(c), 157.10b(a),
(a) This subpart applies to each vessel to which this part applies 157.10c(b)(1), or 157.10c(c) shall ensure that ballast water is
of 150 gross tons or more, unless otherwise indicated, that carries carried in a cargo tank only if-
crude oil or products in bulk as cargo. This subpart does not apply
to a foreign vessel which remains beyond the navigable waters of (a) The vessel encounters abnormally severe weather conditions;
the United States and does not transfer oil cargo at a port or place
subject to the jurisdiction of the United States. (b) More ballast water than can be carried in segregated ballast
tanks or dedicated clean ballast tanks is necessary for the safety
(b) Sections 157.29, 157.31, 157.37(a)(5), 157.37(a)(6) and of the vessel;
157.43 apply to foreign vessels when they discharge into the
navigable waters of the United States. (c) The ballast water is processed and discharged in compliance
with 157.37; and-
(c) Sections 157.35, 157.37, except paragraphs (a)(5) and (a)(6),
157.39, 157.45, and 157.47 do not apply to foreign vessels. (d) On a new vessel under 157.10 that carries crude oil, the
ballast water is only carried in a cargo tank that is crude oil
[CGD 76-088b, 48 FR 45720, Oct. 6, 1983, as amended by CGD washed in accordance with Subpart D of this part during or after
90-051, 57 FR 36244, Aug. 12, 1992] the most recent discharge of crude oil from that tank.

157.26 Operation Of A Tank Vessel In Violation Of [CGD 77-058b, 45 FR 43708, June 30, 1980, as amended by
Regulations. CGD 82-28, 50 FR 11626, Mar. 22, 1985]
No person may cause or authorize the operation of a tank vessel
in violation of the regulations in this part. 157.37 Discharge Of Oily Mixtures From Oil Cargoes.

461
(a) A tank vessel may not discharge an oily mixture into the sea (The information collection requirement contained in paragraph (d)
from a cargo tank, slop tank, or cargo pump room bilge unless the of this section was approved by the Office of Management and
vessel: Budget under control number 1625-0041)

(1) Is more than 50 nautical miles from the nearest land; [CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD
76-088b, 48 FR 45721, Oct. 6, 1983; USCG-2000-7641, 66 FR
(2) Is proceeding en route; 55573, Nov. 2, 2001; USCG-2006-25150, 71 FR 39210, July 12,
2006; USCG-2008-0179, 73 FR 35015, June 19, 2008; USCG-
(3) Is discharging at an instantaneous rate of oil content not 2004-18939, 74 FR 3382, Jan. 16, 2009]
exceeding 30 liters per nautical mile;
157.39 Machinery Space Bilges.
(4) Is an existing vessel and the total quantity of oil discharged (a) A tank vessel may discharge an oily mixture from a machinery
into the sea does not exceed 1/15,000 of the total quantity of the space bilge that is combined with an oil cargo residue if the vessel
cargo that the discharge formed a part, or is a new vessel and the discharges in compliance with 157.37.
total quantity of oil discharged into the sea does not exceed
1/30,000 of the total quantity of the cargo that the discharge (b) A tank vessel may discharge an oily mixture from a machinery
formed a part; space bilge that is not combined with an oil cargo residue if the
vessel:
(5) Discharges:
(1) Is proceeding en route;
(i) Through the above waterline discharge point described in
157.11(b)(2); (2) Is discharging an effluent with an oil content of less than 15
parts per million; and
(ii) In accordance with paragraph 5 of appendix E to this part, if
the vessel is an existing vessel with a Part Flow System meeting (3) Has in operation an oil discharge monitoring and control
that appendix; or system in compliance with 157.12 and oil separating equipment
in compliance with 33 CFR 155.380.
(iii) Below the waterline in accordance with paragraph (e) of this
section; [CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by USCG-
2000-7641, 66 FR 55573, Nov. 2, 2001; USCG-2004-18939, 74
(6) Has in operation an oil discharge monitoring and control FR 3382, Jan. 16, 2009]
system required by 157.12 that is designed for use with the oily
mixture being discharged, except that the system may be 157.41 Emergencies.Sections 157.27, 157.29, 157.37, and
operated manually if: 157.39 do not apply to a tank vessel that discharges into the sea
oil or oily mixtures:
(i) The automatic system fails during a ballast voyage;
(a) For the purpose of securing the safety of the vessel or for
(ii) The failure is recorded in the Oil Record Book; saving life at sea; or

(iii) The master ensures that the discharge is constantly monitored (b) As a result of damage to the vessel or its equipment if:
visually and promptly terminated when oil is detected in the
discharge; and (1) Reasonable precautions are taken after the occurrence of the
damage or discovery of the discharge for the purpose of
(iv) The system is operated manually only until the ballast voyage preventing or minimizing the discharge; and
is completed; and
(2) The owner, master or person in charge did not intend to cause
(7) Is outside the Special Areas defined in Regulation 1.11 of damage, or did not act recklessly and with knowledge that
Annex I to the MARPOL 73/78. damage of the environment would probably result.

(b) A seagoing tank vessel of 150 gross tons or more that carries 157.43 Discharges Of Clean And Segregated Ballast:
asphalt or other products whose physical properties inhibit Seagoing Tank Vessels Of 150 Gross Tons Or More.
effective product/water separation and monitoring must transfer (a) Clean ballast may not be discharged overboard unless the
all oil cargo residues and tank washings from such cargoes to a discharge is verified as clean ballast through use of an approved
reception facility. oil discharge monitoring and control system or, if discharged
before the required oil discharge monitoring and control system
(c) Each oil discharge monitoring and control system must be installation date, by visual examination of the ballast contents
maintained and operated in accordance with its instructions immediately before discharge. This paragraph applies to
manual. discharges of clean ballast:

(d) All discharge data recorded by an oil discharge monitoring and (1) From dedicated clean ballast tanks; and
control system must be retained for at least three years. The data
for the most recent year must be retained on board the vessel. (2) Into the navigable waters of the United States from any other
tank.
(e) Ballast water containing an oily mixture may be discharged
below the waterline at sea by gravity if (b) Segregated ballast may not be discharged overboard unless a
visual examination, or a test of the ballast contents with an
(1) The ballast is not from a slop tank; oil/water interface detector, immediately before the discharge
shows that there is no oily mixture in the ballast. Use of an oil
(2) Examination with an oil-water interface detector shows that oil- discharge monitoring and control system is not required. This
water separation has taken place; and paragraph applies to discharges of segregated ballast:

(3) The oil layer is high enough in the tank so that it will not be (1) Into the navigable waters of the United States; and
discharged.

462
(2) Below the waterline at sea from an existing vessel that does (a) A drawing or diagram of the COW pumping and piping system
not have an above the waterline discharge point for segregated that meets 46 CFR 56.01-10(d);
ballast.
(b) The design of each COW machine;
(c) All discharges of clean ballast and segregated ballast must be
through an above waterline discharge point described in (c) The arrangement, location, and installation of the COW
157.11(b)(2), except that: machines; and

(1) A vessel may discharge clean ballast and segregated ballast (d) Except as allowed in 157.104, the projected direct
below the waterline when in port or at an offshore terminal. impingement pattern of crude oil from the nozzles of the COW
machines on the surfaces of each tank, showing the surface
(2) A vessel may discharge clean ballast and segregated ballast areas not reached by direct impingement.
at sea by gravity below the waterline.
(Reporting and Recordkeeping requirements approved by the
(3) An existing vessel that does not have above waterline Office of Management and Budget under control number 1625-
discharge points for dedicated clean ballast tanks may discharge 0036)
clean ballast from those tanks below the waterline at sea.
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
(4) An existing vessel that does not have above waterline CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985; CGD 88-
discharge points for segregated ballast tanks may discharge 052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June
segregated ballast below the waterline at sea. 28, 1996; USCG-2006-25150, 71 FR 39210, July 12, 2006;
USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014-
(d) This section applies only to seagoing tank vessels of 150 0410, 79 FR 38438, July 7, 2014]
gross tons or more.
157.104 Scale Models.
[CGD 76-088b, 48 FR 45721, Oct. 6, 1983; 48 FR 46985, Oct. 17, If the pattern under 157.100(a)(4) or 157.102(d) cannot be
1983; USCG-2000-7641, 66 FR 55573, Nov. 2, 2001; USCG- shown on a plan, a scale model of each tank must be built for
2004-18939, 74 FR 3382, Jan. 16, 2009] Coast Guard inspection to simulate, by a pinpoint of light, the
projected direct impingement pattern on the surfaces of the tank.
157.45 Valves In Cargo Or Ballast Piping System.
When a tank vessel is at sea and the tanks contain oil, valves and 157.106 Letter Of Acceptance.
closing devices in the cargo or ballast piping system or in the The Coast Guard informs the submitter by letter that the plans
transfer system must be kept closed except they may be opened submitted under 157.100 or 157.102 are accepted if:
for cargo or ballast transfer to trim the vessel.
(a) The plans submitted show that the COW system meets this
157.47 Information For Master. subpart; or
A master or person in charge of a new vessel shall operate the
vessel in accordance with the information required in 46 CFR (b) The plans submitted and the scale model under 157.104
31.10-30(d) that includes the following: show that the COW system meets this subpart.

(a) Stability information. 157.110 Crude Oil Washing Operations and Equipment
Manual for foreign tank vessels: Submission.
(b) Damage stability information determined in accordance with If the owner or operator of a foreign tank vessel having a COW
the criteria contained in Appendix B of this part. system under 157.10(e), 157.10a(a)(2), or 157.10c(b)(2)
desires a Coast Guard approved Crude Oil Washing Operations
(c) Loading and distribution of cargo information determined in and Equipment Manual under 157.112, the owner or operator
compliance with the damage stability criteria required in Appendix must submit two copies of a manual that meets 157.138 to the
B of this part. Commandant (CG-CVC), Attn: Office of Commercial Vessel
Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther
[CGD 74-32, 40 FR 48283, Oct. 14, 1976, as amended by CGD King Jr. Avenue SE., Washington, DC 20593-7501.
75-240, 41 FR 54180, Dec. 13, 1976]
(Reporting and Recordkeeping requirements approved by the
157.49 Instruction Manual. Office of Management and Budget under control number 1625-
The master of a tank vessel shall ensure that the instruction 0036)
manual under 157.23 is available and used when the cargo or
ballast systems are operated. [CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, as
amended by CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-
Subpart D- Crude Oil Washing (COW) System on 026, 61 FR 33668, June 28, 1996; USCG-2006-25150, 71 FR
Tank Vessels 39210, July 12, 2006; USCG-2014-0410, 79 FR 38438, July 7,
2014]
Source:CGD 77-058b, 45 FR 43709, June 30, 1980, unless
otherwise noted. 157.112 Approved Crude Oil Washing Operations And
Equipment Manual.
General If the manuals submitted under 157.108 or 157.110 meet
157.138, the Coast Guard approves the manuals and forwards
157.102 Plans For Foreign Tank Vessels: Submission. one of the approved manuals to the submitter.
If the owner or operator of a foreign tank vessel having a COW
system under 157.10(e), 157.10a(a)(2), or 157.10c(b)(2), 157.114 Crude Oil Washing Operations And Equipment
desires the letter from the Coast Guard under 157.106 accepting Manual: Not Approved.
the plans submitted under this paragraph, the owner or operator If the manuals submitted under 157.108 or 157.110 are not
must submit to the Commandant (CG-CVC), Attn: Office of approved, the Coast Guard forwards a letter to the submitter with
Commercial Vessel Compliance, U.S. Coast Guard Stop 7501, the reasons why the manuals were not approved.
2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
7501, plans that include 157.118 Required Documents: Foreign Tank Vessels.

463
(a) The owner, operator, and master of a foreign tank vessel [CGD 82-28, 50 FR 11627 and 11630, Mar. 22, 1985, as
under 157.10(e) or 157.10a(a)(2) shall ensure that the vessel amended by USCG-2000-7641, 66 FR 55573, Nov. 2, 2001;
does not enter the navigable waters of the United States or USCG-2006-25150, 71 FR 39210, July 12, 2006]
transfer cargo at a port or place subject to the jurisdiction of the
United States unless the vessel has on board 157.120 Waiver Of Required Documents.
The Coast Guard waives the requirement for the letter under
(1) The Crude Oil Washing Operations and Equipment Manual 157.116(b), if a U.S. tank vessel engages in a voyage, or under
that 157.118(b)(2)(ii), if a foreign tank vessel enters the navigable
waters of the United States or transfers cargo at a port or place
(i) Is approved under 157.112; or subject to the jurisdiction of the United States, for the purpose of
being inspected under 157.140.
(ii) Meets the manual standards in Resolution 15 of the MARPOL
73/78 and bears the approval of the government of the vessel's Design, Equipment, and Installation
flag state; and
157.122 Piping, Valves, And Fittings.
(2) Either (a) Except as allowed in paragraph (o) of this section, the piping,
valves, and fittings of each COW system must:
(i) A document from the government of the vessel's flag state that
certifies that the vessel complies with Resolution 15 of the (1) Meet 46 CFR Part 56; and
MARPOL 73/78; or
(2) Be of steel or an equivalent material accepted by the
(ii) The following letters issued by the Coast Guard: Commandant.

(A) The letter of acceptance issued under 157.106. (b) The piping of each COW system must be permanently
installed.
(B) The letter of acceptance issued under 157.142.
(c) The piping of each COW system must be separate from other
(C) Each amending letter issued under 157.158(c). piping systems on the vessel, except that the vessel's cargo
piping may be a part of the COW piping if the cargo piping meets
(b) On January 1, 1986, or 15 years after the date it was delivered this section.
to the original owner or 15 years after the completion of a major
conversion, whichever is later, the owner, operator, and master of (d) The piping of each COW system must have overpressure
a foreign vessel having a COW system under 157.10c(b)(2) relief valves or other means accepted by the Commandant to
shall ensure that the vessel does not enter the navigable waters prevent overpressure in the piping of the COW system, unless the
of the United States or transfer cargo at a port or place subject to maximum allowable working pressure of that system is greater
the jurisdiction of the United States unless the vessel has on than the shut-off head of each pump that meets 157.126(b).
board
(e) Each overpressure relief valve must discharge into the suction
(1) The Crude Oil Washing Operations and Equipment Manual side of a pump that meets 157.126(b).
that
(f) The piping and equipment of a COW system may not be in
(i) Is approved under 157.112; or machinery spaces.

(ii) Bears a certification by an authorized CS or the government of (g) Each hydrant valve for water washing in the piping of a COW
the vessel's flag state that the manual contains the information system must:
required under 157.138;
(1) Have adequate strength to meet 46 CFR Part 56 for the
(2) Evidence that the COW system passed the required working pressure for which the system is designed; and
inspections by
(2) Be capable of being blanked off.
(i) A document from an authorized CS or the government of the
vessel's flag state certifying that the vessel passed the (h) Each sensing instrument must have an isolating valve at its
inspections under 157.140; or connection to the piping of the COW system, unless the opening
to that connection is 0.055 inches (1.4 millimeters) or smaller.
(ii) The letter of acceptance under 157.142 after passing the
inspection under 157.140; and (i) If the washing system for cargo tanks has a steam heater used
when water washing, it must be located outside the engine room
(3) Either and must be capable of being isolated from the piping of the COW
system by:
(i) A document from an authorized CS or the government of the
vessel's flag state certifying that the vessel complies with the (1) At least two shut-off valves in the inlet piping and at least two
design, equipment and installation standards in 157.122 shut-off valves in the outlet piping; or
through 157.136 and any amending letters approving changed
COW system characteristics; or (2) Blank flanges identifiable as being closed (e.g., spectacle
flanges).
(ii) The letter of acceptance under 157.106 and any amending
letters issued under 157.158(c). (j) If the COW system has a common piping system for oil
washing and water washing, that piping system must be designed
(Reporting and Recordkeeping requirements approved by the to drain the crude oil into a slop tank or a cargo tank.
Office of Management and Budget under control number 1625-
0036) (k) The piping of a COW system must be securely attached to the
tank vessel's structure with pipe anchors.

464
(l) When COW machines are used as pipe anchors, there must be (2) 85 percent or more of the total vertical area of all the tank
other means available for anchoring the piping if these machines sides and swash bulkheads.
are removed.
(g) Each single nozzle COW machine that is mounted to the deck
(m) There must be a means to allow movement of the COW must have a means located outside of the cargo tank that
system piping as a result of thermal expansion and flexing of the indicates the arc and rotation of the movement of the COW
tank vessel. machine during COW operations.

(n) The supply piping attached to each deck mounted COW (h) Each multi-nozzle COW machine that is mounted to the deck
machine and each COW machine that is audio inspected under must have a means located outside of the cargo tank that
157.155(a)(4)(ii) must have a shut-off valve. indicates the movement of the COW machine during COW
operations.
(o) On combination carriers, piping of the COW system installed
between each COW machine located in a cargo tank hatch cover (i) Each COW machine mounted to or close to the bottom of a
and an adjacent location just outside the hatch coaming, may be tank without a means located outside of the cargo tank that
flexible hose with flanged connections that is acceptable by the indicates movement of the machine must not be programmable.
Commandant.
NOTES:
1.
157.124 COW Tank Washing Machines. In the calculations to meet 157.124(e) or (f), areas that are
(a) COW machines must be permanently mounted in each cargo shielded from direct impingement by structural members other
tank. than large primary structural members or swash bulkheads can
be calculated as areas being washed by direct impingement.
(b) The COW machines in each tank must have sufficient nozzles
2.
with the proper diameter, working pressure, movement, and One or more types of COW machines could be used to meet
timing to allow the tank vessel to pass the inspections under 157.124(e) or (f).
157.140.
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
(c) Each COW machine and its supply piping must be supported CGD 82-28, 50 FR 11627, Mar. 22, 1985]
to withstand vibration and pressure surges.
157.126 Pumps.
(d) There must be one portable drive unit available on board the (a) Crude oil must be supplied to the COW machines by COW
vessel for every three COW machines that use portable drive system pumps or cargo pumps.
units during COW operations required by 157.160 before each
ballast voyage. (b) The pumps under paragraph (a) of this section must be
designed and arranged with sufficient capacity to meet the
(e) Except as allowed in paragraph (f) of this section, each cargo following:
tank must have COW machines located to wash all horizontal and
vertical areas of the tank by direct impingement, jet deflection, or (1) A sufficient pressure and flow is supplied to allow the
splashing to allow the tank vessel to pass the inspections under simultaneous operation of those COW machines designed to
157.140. The following areas in each tank must not be shielded operate simultaneously.
from direct impingement by large primary structural members or
any other structural member determined to be equivalent to a (2) If an eductor is used for tank stripping, enough driving fluid is
large primary structural member by the Commandant when provided by the pumps to allow the eductor to meet 157.128(a).
reviewing the plans submitted under 157.100 or 157.102:
(c) There must be means on the tank vessel to maintain the
(1) 90 percent or more of the total horizontal area of the: pressure under paragraph (b) of this section when shore terminal
back pressure is less than the pressure under paragraph (b) of
(1)(i) Tank bottom; this section.

(1)(ii) Upper surfaces of large primary structural members; and (d) The COW system must have two or more pumps that are
capable of supplying oil to the COW machines.
(1)(iii) Upper surfaces of any other structural member determined
to be equivalent to a large primary structural member by the (e) The COW system must be designed to meet the requirements
Commandant. of this subpart with any one pump not operating.

(2) 85 percent or more of the total vertical area of the tank sides 157.128 Stripping System.
and swash bulkheads. (a) Each tank vessel having a COW system under 157.10(e),
157.10a(a)(2), or 157.10c(b)(2) must have a stripping system
(f) Each cargo tank on a vessel having a COW system under that is designed to remove crude oil from-
157.10a(a)(2) or 157.10c(b)(2) with complicated internal
structural members does not have to meet paragraph (e) of this (1) Each cargo tank at 1.25 times the rate at which all the COW
section if the following areas of each cargo tank are washed by machines that are designed to simultaneously wash the bottom of
direct impingement and the tank vessel can pass the inspections the tank, are operating; and
under 157.140:
(2) The bottom of each tank to allow the tank vessel to pass the
(1) 90 percent or more of the total horizontal area of all the: inspection under 157.140(a)(2).

(1)(i) Tank bottoms; (b) Each cargo tank must be designed to allow the level of crude
oil in the tank to be determined by:
(1)(ii) Upper surfaces of large primary structural members; and
(1) Hand dipping at the aftermost portion of the tank and three
(1)(iii) Upper surfaces of any other structural member determined other locations; or
to be equivalent to a large primary structural member by the
Commandant. (2) Any other means accepted by the Commandant.

465
(c) Each stripping system must have at least one of the following CGD 82-28, 50 FR 11628, Mar. 22, 1985]
devices for stripping oil from each cargo tank:
157.134 Cargo Tank Drainage.
(1) A positive displacement pump. Each cargo tank must be designed for longitudinal and transverse
drainage of crude oil to allow the tank vessel to pass the
(2) A self-priming centrifugal pump. inspections under 157.140.

(3) An eductor 157.136 Two-Way Voice Communications.


Each tank vessel having a COW system under 157.10(e),
(4) Any other device accepted by the Commandant. 157.10a(a)(2), or 157.10c(b)(2) must have a means that
enables two-way voice communications between the main deck
(d) There must be a means in the stripping system piping watch required under 157.168 and each cargo discharge control
between the device under paragraph (c) of this section and each station.
cargo tank to isolate each tank from the device.
[CGD 82-28, 50 FR 11628, Mar. 22, 1985]
(e) If the stripping system has a positive displacement pump or a
self-priming centrifugal pump, the stripping system must have the 157.138 Crude Oil Washing Operations And Equipment
following: Manual.
(a) Each Crude Oil Washing Operations and Equipment
(1) In the stripping system piping: Manual must include the following information:

(1)(i) A pressure gauge at the inlet connection to the pump; and (1) The text of the Annex of Resolution 15 of the MARPOL 73/78.

(1)(ii) A pressure gauge at the discharge connection to the pump. (2) A line drawing of the tank vessel's COW system showing the
locations of pumps, piping, and COW machines.
(2) At least one of the following monitoring devices to indicate
operation of the pump. (3) A description of the COW system.

(2)(i) Flow indicator. (4) The procedure for the inspection of the COW system during
COW operations.
(2)(ii) Stroke counter.
(5) Design characteristic information of the COW system that
(2)(iii) Revolution counter. includes the following:

(f) If the stripping system has an eductor, the stripping system (5)(i) Pressure and flow of the crude oil pumped to the COW
must have: machines.

(1) A pressure gauge at each driving fluid intake and at each (5)(ii) Revolutions, number of cycles, and length of cycles of each
discharge; and COW machine.

(2) A pressure/vacuum gauge at each suction intake. (5)(iii) Pressure and flow of the stripping suction device.

(g) The equipment required under paragraphs (e) and (f) of this (5)(iv) Number and location of COW machines operating
section must have indicating devices in the cargo control room or simultaneously in each cargo tank.
another location that is accepted by the Commandant.
(6) The design oxygen content of the gas or mixture of gases that
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by is supplied by the inert gas system to each cargo tank.
CGD 82-28, 50 FR 11627, Mar. 22, 1985]
(7) The results of the inspections recorded when passing the
157.130 Crude Oil Washing With More Than One Grade Of inspections under 157.140.
Crude Oil.
If a tank vessel having a COW system under 157.10(e), (8) Characteristics of the COW system recorded during the COW
157.10a(a)(2), or 157.10c(b)(2) carries more than one grade of operations when passing the inspections under 157.140 that
crude oil, the COW system must be capable of washing the cargo includes the following:
tanks with the grades of crude oil that the vessel carries.
(8)(i) Pressure and flow of the crude oil pumped to the COW
[CGD 82-28, 50 FR 11627, Mar. 22, 1985] machines.

157.132 Cargo Tanks: Hydrocarbon Vapor Emissions. (8)(ii) Revolutions, number of cycles, and length of cycles of each
Each tank vessel having a COW system under 157.10a(a)(2) or COW machine.
157.10c(b)(2) without sufficient segregated ballast tanks or
dedicated clean ballast tanks to allow the vessel to depart from (8)(iii) Pressure and flow of the stripping device.
any port in the United States without ballasting cargo tanks must
have- (8)(iv) Number and location of COW machines operating
simultaneously in each cargo tank.
(a) A means to discharge hydrocarbon vapors from each cargo
tank that is ballasted to a cargo tank that is discharging crude oil; (9) The oxygen content of the gas or mixture of gases that is
or supplied by the inert gas system to each cargo tank recorded
during COW operations when passing the inspections under
(b) Any other means accepted by the Commandant that prevents 157.140.
hydrocarbon vapor emissions when the cargo tanks are ballasted
in port. (10) The volume of water used for water rinsing recorded during
COW operations when passing the inspections under 157.140.
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by

466
(11) The trim conditions of the tank vessel recorded during COW (1) The procedure to meet 157.166.
operations when passing the inspections under 157.140.
(2) The procedures to meet 157.155(b).
(12) The procedure for stripping cargo tanks of crude oil.
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
(13) The procedure for draining and stripping the pumps and CGD 82-28, 50 FR 11628, Mar. 22, 1985; 66 FR 55566, Nov. 2,
piping of the COW system, cargo system, and stripping system 2001]
after each crude oil cargo discharge.
Inspections
(14) The procedure for crude oil washing cargo tanks that
includes the following: 157.140 Tank Vessel Inspections.
(a) Before issuing a letter under 157.142, the Coast Guard
(14)(i) The tanks to be crude oil washed to meet 157.160. makes an initial inspection of each U.S. tank vessel having a
COW system under 157.10(e), 157.10(a)(2), or 157.10c(b)(2)
(14)(ii) The order in which those tanks are washed. and each foreign tank vessel whose owner or operator submitted
the plans under 157.102 to determine whether or not, when
(14)(iii) The single-stage or multi-stage method of washing each entering a port, the cargo tanks that carry crude oil meet the
tank. following:

(14)(iv) The number of COW machines that operate (1) After each tank is crude oil washed but not water rinsed,
simultaneously in each tank. except the bottom of the tank may be flushed with water and
stripped, each tank is essentially free of oil residues to a degree
(14)(v) The duration of the crude oil wash and water rinse. acceptable to the Coast Guard inspector.

(14)(vi) The volume of water to be used for water rinse in each (2) After the tanks that are to be used as ballast tanks when
tank. leaving the port are crude oil washed and stripped but not water
rinsed or bottom flushed, they are filled with water and the total
(15) The procedures and equipment needed to prevent leakage of volume of crude oil floating on top of the water in these tanks is
crude oil from the COW system. 0.085 percent or less of the total volume of these tanks.

(16) The procedures and equipment needed if leakage of crude (b) Except on a tank vessel under 157.10(e), if the initial
oil from the COW system occurs. inspection under paragraph (a) of this section has been passed
and the vessel arrives at the first cargo loading port after
(17) The procedures for testing and inspecting the COW system completing a ballast voyage, the Coast Guard monitors the
for leakage of crude oil before operating the system. discharge of effluent from those tanks that have been crude oil
washed, water rinsed, stripped, and filled with ballast water to
(18) The procedures and equipment needed to prevent leakage of determine whether or not the oil content of the effluent is 15 ppm
crude oil from the steam heater under 157.122(i) to the engine or less.
room.
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
(19) The number of crew members needed to conduct the CGD 82-28, 50 FR 11628, Mar. 22, 1985; 66 FR 55566, Nov. 2,
following: 2001]

(19)(i) The discharge of cargo. 157.142 Letter Of Acceptance: Inspections.


If the inspections under 157.140 are passed, the Coast Guard
(19)(ii) The crude oil washing of cargo tanks. issues to the tank vessel a letter that states that the vessel
complies with this subpart.
(19)(iii) The simultaneous operations in paragraphs (a)(19)(i) and
(ii) of this section. 157.144 Tank Vessels Of The Same Class: Inspections.
(a) If more than one tank vessel is constructed from the same
(20) A description of the duties of each crew member under plans, the owner or operator may submit a written request to the
paragraph (a)(19) of this section. Commandant (CG-CVC), Attn: Office of Commercial Vessel
Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther
(21) The procedures for ballasting and deballasting cargo tanks. King Jr. Avenue SE., Washington, DC 20593-7501, for only one
of those tank vessels to be inspected under 157.140.
(22) The step by step procedure for the inspection of the COW
system by vessel personnel before COW operations begin that (b) Only one tank vessel of the class is inspected under 157.140,
includes the procedure for inspecting and calibrating each if the Commandant accepts the request submitted under
instrument. (Operational Checklist) paragraph (a) of this section.

(23) The intervals for on board inspection and maintenance of the [CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
COW equipment. Informational references to technical manuals CGD 82-28, 50 FR 11630, Mar. 22, 1985; CGD 88-052, 53 FR
supplied by the manufacturers may be included in this part of the 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996;
manual. USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014-
0410, 79 FR 38438, July 7, 2014]
(24) A list of crude oils that are not to be used in COW operations.
157.147 Similar Tank Design: Inspections On Foreign Tank
(25) The procedure to meet 157.155(a)(4). Vessels.
(a) If a foreign tank vessel has tanks similar in dimensions and
(b) In addition to meeting paragraph (a) of this section, each internal structure, the owner or operator may submit a written
Crude Oil Washing Operations and Equipment Manual on a request to the Commandant (CG-CVC), Attn: Office of
tank vessel having a COW system under 157.10a(a)(2) or Commercial Vessel Compliance, U.S. Coast Guard Stop 7501,
157.10c(b)(2) must include the following: 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
7501, for only one of those tanks to be inspected under

467
157.140(a)(1). (c) Has one year or more of tank vessel duty that includes oil
cargo discharge operations and:
(b) Only one tank of a group of tanks similar in dimensions and
internal structure is inspected under 157.140(a)(1), if the (1) Crude oil washing of cargo tanks; or
Commandant accepts the request submitted under paragraph (a)
of this section. (2) Has completed a training program in crude oil washing
operations that is approved by the Coast Guard or the
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by government of the vessel's flag state.
CGD 82-28, 50 FR 11630, Mar. 22, 1985; CGD 88-052, 53 FR
25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; NOTE: Standards of a Coast Guard approved training program
USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014- are to be developed.
0410, 79 FR 38438, July 7, 2014]
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
157.148 COW System: Evidence For Inspections. CGD 82-28, 50 FR 11628, Mar. 22, 1985]
(a) Before the inspections under 157.140 are conducted by the
Coast Guard, the owner or operator of a foreign tank vessel that 157.154 Assistant Personnel.
is to be inspected must submit to the Coast Guard inspector The owner, operator, and master of a tank vessel having a COW
evidence that the COW system has been installed in accordance system under 157.10(e), 157.10a(a)(2), or 157.10c(b)(2) shall
with the plans accepted under 157.106. ensure that each member of the crew that has a designated
responsibility during COW operations-
(b) Before the inspections under 157.140 are conducted by the
Coast Guard, the owner or operator of a tank vessel that is to be (a) Has six months or more of tank vessel duty that includes oil
inspected must submit to the Coast Guard inspector evidence that cargo discharge operations;
the COW piping system has passed a test of 1 1/2 times the (b) Has been instructed in the COW operation of the tank vessel;
design working pressure. and

157.150 Crude Oil Washing Operations And Equipment (c) Is familiar with the contents of the Crude Oil Washing
Manual: Recording Information After Inspections. Operations and Equipment Manual approved by the Coast Guard
After passing the inspections under 157.140, the owner, under 157.112 or by the government of the vessel's flag state.
operator, and master shall ensure that the following are recorded
in the Crude Oil Washing Operations and Equipment Manual [CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
approved under 157.112: CGD 82-28, 50 FR 11628, Mar. 22, 1985]

(a) The results of the inspections under 157.140. COW Operations


(b) The following characteristics used to pass the inspections 157.155 COW Operations: General.
under 157.140: (a) The master of a tank vessel having a COW system under
157.10(e), 157.10a(a)(2), or 157.10c(b)(2) shall ensure that-
(1) Pressure and flow of the crude oil pumped to the COW
machines. (1) Before crude oil washing a cargo tank, the level in each tank
with crude oil that is used as a source for crude oil washing is
(2) Revolutions, number of cycles, and length of cycles of each lowered at least one meter;
COW machine.
(3) Pressure and flow of the stripping suction device. (2) A tank used as a slop tank is not used as a source for crude
oil washing until:
(4) Number and location of COW machines operating
simultaneously in each cargo tank. (2)(i) Its contents are discharged ashore or to another tank;
and(2)(ii) The tank contains only crude oil;
(5) Volume of water used for water rinsing.
(3) During COW operations:
(6) Trim conditions of the tank vessel.
(3)(i) The valves under 157.122(i)(1) are shut; or
Personnel
(3)(ii) The blanks under 157.122(i)(2) are installed;
157.152 Person In Charge Of COW Operations.
The owner, operator, and master of a tank vessel having a COW (4) The rotation of each COW machine mounted to or close to the
system under 157.10(e), 157.10(a)(2), or 157.10c(b)(2) shall bottom of each cargo tank is verified by:
ensure that the person designated as the person in charge of
COW operations- (4)(i) A visual inspection of a means located outside of the cargo
tank that indicates movement of the machine during COW
(a) Knows the contents in the Crude Oil Washing Operations and operations;
Equipment Manual approved by the Coast Guard under 157.112
or by the government of the vessel's flag state; (4)(ii) An audio inspection during COW operations; or

(b) On at least two occasions, has participated in crude oil (4)(iii) An inspection on a ballast voyage, with water as the fluid
washing of cargo tanks, one of those occasions occurring on: flowing through the machine;

(1) The tank vessel on which the person assumes duties as the (5) During the audio inspection under paragraph (a)(4)(ii) of this
person in charge of COW operations; or section, the COW machine being inspected is the only one
operating in that tank;
(2) A tank vessel that is similar in tank design and which has
COW equipment similar to that used on the tank vessel on which (6) Before the inspection under paragraph (a)(4)(iii) of this section,
the person assumes duties as the person in charge of COW the tank that has the COW machine being inspected in it, is gas
operations; and freed;

468
(7) Each COW machine that is inspected under paragraph (a) The tank vessel passes the inspections under 157.140 using
(a)(4)(iii) of this section is inspected at least once after every sixth the changed characteristics;
COW operation of that machine, but no less that once every 12
months; (b) The changed characteristics used to pass the inspections
under 157.140 are recorded in the Crude Oil Washing
(8) After each stripping operation is completed, each tank: Operations and Equipment Manual approved under 157.112;
and
(8)(i) Is sounded by a means under 157.128(b); and
(c) The Coast Guard issues to the tank vessel an amending letter
(8)(ii) Contains no oil except a minimal quantity near the stripping stating that the tank vessel complies with this subpart with these
suction; characteristics.

(9) Before the tank vessel begins each ballast voyage, each cargo 157.160 Tanks: Ballasting And Crude Oil Washing.
tank and each cargo main, stripping, and COW piping is stripped (a) The owner, operator, and master of a tank vessel under
of crude oil and the strippings are conveyed ashore through the 157.10(e) shall ensure that:
piping under 157.11(d)(3) or 157.11(e)(4);
(1) Ballast water is carried in a cargo tank only as allowed under
(10) Before water washing the cargo tanks, the piping of the COW 157.35;
system is drained of crude oil;
(2) For oil cargo residue control, at least 25 percent of the cargo
(11) When the cargo tanks are not being water washed, the tanks are crude oil washed before each ballast voyage and that
hydrant valves under 157.122(g) are blanked off; each cargo tank is crude oil washed at least once every fourth
time crude oil is discharged from the tank, but no tank need be
(12) If COW machines that are used as anchors for the piping of crude oil washed more than once during each 120 day period;
the COW system are removed, the means available under
157.122(l) for anchoring the piping are installed; (3) Ballast water in a cargo tank that is crude oil washed but not
water rinsed during or after the most recent discharge of crude oil
(13) The fire main is not connected to the COW system; and from that tank is discharged in accordance with 157.37(a); and

(14) On combination carriers, if flexible hoses under 157.122(o) (4) Cargo tanks are not crude oil washed during a ballast voyage.
are used, those hoses are protectively stowed when not installed
in the COW piping system. (b) The owner, operator, and master of a tank vessel having a
COW system under 157.10a(a)(2) or 157.10c(b)(2) shall
(b) In addition to meeting paragraph (a) of this section, the master ensure that
of a tank vessel having a COW system under 157.10a(a)(2) or
157.10c(b)(2) shall ensure that- (1) Ballast water is carried only in a cargo tank that is crude oil
washed during or after the most recent discharge of crude oil from
(1) Before ballasting cargo tanks upon leaving a port, each cargo that tank;
pump, manifold, and piping that is used for ballasting the cargo
tanks is drained of all crude oil; and (2) Before each ballast voyage a sufficient number of cargo tanks
have been crude oil washed during or after the most recent
(2) Before ballasting or deballasting cargo tanks, except when discharge of crude oil from those tanks to allow ballast water to be
ballasting cargo tanks to leave a port, the cargo piping that is carried in cargo tanks:
used for ballasting or deballasting the cargo tanks is water
washed. (i) With a total capacity to meet the draft and trim requirements in
157.10a(d); and
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
CGD 82-28, 50 FR 11628, Mar. 22, 1985] (ii) For the vessel's trading pattern and expected weather
conditions;
157.156 COW Operations: Meeting Manual Requirements.
Except as allowed in 157.158, the master of a foreign tank (3) For oil cargo residue control, at least 25 percent of the cargo
vessel having a COW system under 157.10(e), 157.10a(a)(2), tanks not used for carrying ballast water under paragraph (b)(2)(i)
or 157.10c(b)(2) that has the Crude Oil Washing Operations and of this section are crude oil washed before each ballast voyage,
Equipment Manual approved under 157.112 and is operating in and that each cargo tank is crude oil washed at least once every
the navigable waters of the United States or transferring cargo at fourth time crude oil is discharged from the tank, but no tank need
a port or place subject to the jurisdiction of the United States and be crude oil washed more than once during each 120 day period;
the master of a U.S. tank vessel having a COW system under
157.10(e), 157.10a(a)(2), or 157.10c(b)(2) shall ensure that (4) Cargo tanks are not crude oil washed during a ballast voyage;
during each COW operation- and

(a) The procedures listed in the Crude Oil Washing Operations (5) Ballast water in a cargo tank that is crude oil washed but not
and Equipment Manual are followed; and water rinsed during or after the most recent discharge of crude oil
from that tank is discharged in accordance with 157.37(a).
(b) The characteristics recorded in the Crude Oil Washing
Operations and Equipment Manual under 157.150(b) are met. [CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
CGD 82-28, 50 FR 11628, Mar. 22, 1985; USCG-2000-7641, 66
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by FR 55573, Nov. 2, 2001]
CGD 82-28, 50 FR 11628, Mar. 22, 1985]
157.162 Crude Oil Washing During A Voyage.
157.158 COW Operations: Changed Characteristics. The master of a tank vessel having a COW system under
The COW system may be operated with characteristics that do 157.10(e), 157.10a(a)(2), or 157.10c(b)(2) shall ensure that
not meet those recorded under 157.150(b) only if: each cargo tank that is crude oil washed during a voyage other
than a ballast voyage-

469
(a) Remains empty so that the tank may be inspected upon arrival 157.170 COW Equipment: Removal.
at the next discharge port; and (a) Whenever a deck mounted COW machine is removed from
the tank, the master shall ensure that:
(b) If it is to be used as a ballast tank when leaving the discharge
port, is ballasted before the vessel departs from that discharge (1) The supply piping to that machine is blanked off; and
port so that the tank may be inspected under 157.140(a)(2).
(2) The tank opening is sealed by a secured plate made of steel
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by or an equivalent material accepted by the Commandant.
CGD 82-28, 50 FR 11628, Mar. 22, 1985]
(b) If the equipment for the COW system is removed from a cargo
157.164 Use Of Inert Gas System. tank for the carriage of cargoes other than crude oil and then
(a) The master of a tank vessel having a COW system under reinstalled, the master shall ensure that, before COW operations
157.10(e), 157.10a(a)(2), or 157.10c(b)(2) shall ensure the are conducted, the system has no crude oil leakage.
following:
157.172 Limitations On Grades Of Crude Oil Carried.
(1) Before each cargo tank is crude oil washed, the oxygen If a tank vessel having a COW system meeting 157.10a(a)(2) or
content in the tank is measured at each of the following locations 157.10c(b)(2) does not have segregated ballast tanks or
in the tank: dedicated clean ballast tanks that meet 157.10c(c)(2), the owner,
operator, and master shall ensure that the vessel carries only the
(1)(i) One meter from the deck. grades of crude oil that can be used for crude oil washing.

(1)(ii) In the center of the ullage space. [CGD 82-28, 50 FR 11628, Mar. 22, 1985]

(2) Before each cargo tank with partial bulkheads is crude oil Subpart E - Dedicated Clean Ballast Tanks on
washed, each area of that tank formed by each partial bulkhead is Tank Vessels
measured in accordance with paragraph (a)(1) of this section.
Source:CGD 77-058b, 45 FR 43714, June 30, 1980, unless
(3) Before each cargo tank is crude oil washed, the oxygen otherwise noted.
content in that tank is 8 percent or less by volume at the locations
under paragraph (a)(1) of this section. General
(4) During COW operations, the following are maintained in each 157.202 Plans and documents for foreign tank
cargo tank being crude oil washed: vessels:Submission.
The owner or operator of a foreign tank vessel under 150.10a(b),
(4)(i) A gas or a mixture of gases with an oxygen content of 8 157.10a(c)(2), or 157.10b(a)(2) who desires the letter from the
percent or less by volume. Coast Guard under 157.204 accepting the plans submitted
under this paragraph, and the owner or operator of a foreign tank
(4)(ii) A positive atmospheric pressure. vessel under 150.10c(c)(2) must submit to the Commandant
(5) During COW operations, a crew member monitors the (CG-CVC), Attn: Office of Commercial Vessel Compliance, U.S.
instrumentation under 46 CFR 32.53-60(a)(1), except if that Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE.,
instrumentation has an alarm that sounds in the cargo control Washington, DC 20593-7501
room when the oxygen content exceeds 8 percent by volume.
(a) Plans that include:
(b) Crude oil washing of the cargo tanks must be terminated when
paragraph (a)(4) of this section is not met and crude oil washing (1) The dedicated clean ballast tank arrangement; and
of that tank may not be resumed until the requirements of
paragraph (a)(4) of this section are met. (2) A drawing or diagram of the pumping and piping system for
the dedicated clean ballast tanks; and
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by
CGD 82-28, 50 FR 11628, Mar. 22, 1985] (b) Documentation from the authority that assigned the load line
to the tank vessel that states that the location of the dedicated
157.166 Hydrocarbon Emissions. clean ballast tanks is acceptable to that authority.
If the tank vessel having a COW system under 157.10a(a)(2) or
157.10c(b)(2) transfers cargo at a port in the United States that [CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by
is in an area designated in 40 CFR Part 81 as an area that does CGD 82-28, 50 FR 11629, Mar. 22, 1985; CGD 88-052, 53 FR
not meet the national primary ambient air quality ozone standard 25122, July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996;
under 40 CFR Part 50, issued under the Clean Air Act, as USCG-2014-0410, 79 FR 38438, July 7, 2014]
amended (42 U.S.C. 1857), the master of the vessel shall ensure
that when cargo tanks are ballasted in that port the hydrocarbon 157.204 Letter Of Acceptance.
vapors in each tank are contained by a means under 157.132. The Coast Guard informs the submitter by letter that the plans
submitted under 157.200 or the plans and documents subunder
NOTE: Questions relating to whether or not a particular port is 157.202 are accepted, if the plans submitted under 157.200 or
located in an area designated in 40 CFR Part 81 as an area that the plans and documents submitted under 157.202 show that
does not meet the national primary ambient air quality standard the dedicated clean ballast tank system meets this subpart.
under 40 CFR Part 50 should be directed to the Plans Analysis
Section of the Environmental Protection Agency at (919) 541- 157.208 Dedicated Clean Ballast Tanks Operations Manual
5665. For Foreign Tank Vessels: Submission.
If the owner or operator of a foreign tank vessel meeting
[CGD 82-28, 50 FR 11628, Mar. 22, 1985] 157.10a(b), 157.10a(c)(2), 157.10b(a)(2), or 157.10c(c)(2)
desires a Coast Guard approved Dedicated Clean Ballast Tanks
157.168 Crew Member: Main Deck Watch. Operations Manual under 157.210, the owner or operator must
During COW operations, the master shall ensure that at least one submit two copies of a manual that meets 157.224 to the
member of the crew with a designated responsibility for Commandant (CG-CVC), Attn: Office of Commercial Vessel
monitoring COW operations is on the main deck at all times. Compliance, U.S. Coast Guard Stop 7501, 2703 Martin Luther

470
King Jr. Avenue SE., Washington, DC 20593-7501. (Reporting and Recordkeeping requirements approved by the
Office of Management and Budget under control number 1625-
(Reporting and Recordkeeping requirements approved by the 0036)
Office of Management and Budget under control number 1625-
0036) [CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985; USCG-
2000-7641, 66 FR 55573, Nov. 2, 2001; USCG-2006-25150, 71
[CGD 82-28, 50 FR 11629, and 11630, Mar. 22, 1985, as FR 39211, July 12, 2006]
amended by CGD 88-052, 53 FR 25122, July 1, 1988; CGD 96-
026, 61 FR 33668, June 28, 1996; USCG-2006-25150, 71 FR 157.218 Dedicated Clean Ballast Tanks: Alterations.
39210, July 12, 2006; USCG-2010-0351, 75 FR 36286, June 25, The dedicated clean ballast tanks or equipment on a tank vessel
2010; USCG-2014-0410, 79 FR 38438, July 7, 2014] that has a letter issued under 157.204 may not be altered so that
they no longer meet the plans accepted under that section unless:
157.210 Approved Dedicated Clean Ballast Tanks
Operations Manual. (a) The owner or operator of that vessel submits plans that show
If the manuals submitted under 157.206 or 157.208 meet the alterations to the Coast Guard official to which the plans were
157.224, the Coast Guard approves the manuals and forwards submitted under 157.200 or 157.202;
one of the approved manuals to the submitter.
(b) The owner or operator of that vessel submits changes to the
157.212 Dedicated Clean Ballast Tanks Operations Manual: manual under 157.224 that show and describe the alterations to
Not Approved. the Coast Guard official to which the manuals were submitted
If the Dedicated Clean Ballast Tanks Operations Manual under 157.206 or 157.208; and
submitted under 157.206 or 157.208 is not approved, the Coast
Guard forwards a letter to the submitter with the reasons why the (c) The Coast Guard issues to the tank vessel an amending letter
manual was not approved. stating that the vessel, as altered, complies with this subpart.

157.216 Required Documents: Foreign Tank Vessels. Design and Equipment


(a) The owner, operator, and master of a foreign tank vessel
meeting 157.10a(b), 157.10a(c)(2), 157.10b(a)(2), or 157.220 Dedicated Clean Ballast Tanks: Standards.
157.10c(c)(2) shall ensure that the vessel does not enter the (a) Cargo tanks that are designated as dedicated clean ballast
navigable waters of the United States or transfer cargo at a port tanks must allow the tank vessel to meet the draft and trim
or place subject to the jurisdiction of the United States unless the requirements under 157.10a(d) and 157.10b(b).
vessel has on board
(b) Each tank under paragraph (a) of this section must be:
(1) The Dedicated Clean Ballast Tank Operations Manual that
(1) A wing tank; or
(i) Is approved under 157.210; or
(2) Any other tank that is accepted by the Commandant.
(ii) Is certified by the government of the vessel's flag state
because it meets the manual standards in Resolution 14 of the [CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by
MARPOL 73/78; and CGD 79-152, 45 FR 82250, Dec. 15, 1980]

(2) Either of the following: 157.222 Pump And Piping Arrangements.


(a) Dedicated clean ballast tanks must be connected to the least
(i) A letter from the government of the vessel's flag state that practicable:
certifies that the vessel complies with Resolution 14 of the
MARPOL 73/78. (1) Number of pumps; and

(ii) The letter of acceptance under 157.204 and each amending (2) Amount of piping.
letter issued under 157.218(c).
(b) Each piping system that is arranged to convey clean ballast
(b) On January 1, 1986, or 15 years after the date it was delivered and cargo must be designed to be flushed to the slop tank with
to the original owner or 15 years after the completion of a major water.
conversion, whichever is later, the owner, operator, and master of
a foreign tank vessel under 157.10c(c)(2) shall ensure that the (c) The piping system of each dedicated clean ballast tank must
vessel does not enter the navigable waters of the United States or be arranged so that oily water does not enter any dedicated clean
transfer cargo at a port or place subject to the jurisdiction of the ballast tank when the piping system is flushed.
United States unless the vessel has on board
(d) The piping system of each dedicated clean ballast tank must
(1) The Dedicated Clean Ballast Tank Operations Manual that have at least two valves that isolate that tank from each cargo
tank.
(i) Is approved under 157.210; or
(e) The piping system of the dedicated clean ballast tanks must
(ii) Bears a certification by an authorized CS or the government of have a sample point that is located in a vertical section of
the vessel's flag state that the manual meets 157.224; and discharge piping.

(2) Either of the following: NOTE: An example of a sample point is shown in 46 CFR Figure
162.050-17(e).
(i) A letter from an authorized CS or the government of the
vessel's flag state certifying the vessel complies with 157.220 157.224 Dedicated Clean Ballast Tanks Operations Manual.
and 157.222, and any amending letters issued approviding Each Dedicated Clean Ballast Tanks Operations Manual must
alterations. include the following information:

(ii) The letter of acceptance under 157.204 and each amending (a) The text of the Annex of Resolution 14 of MARPOL 73/78
letter issued under 157.218.

471
(b) A description of the dedicated clean ballast tanks system. that the valves under 157.222(d) remain closed during each
voyage.
(c) A procedure for dedicated clean ballast tanks operations.
(b) The master of each foreign tank vessel meeting 157.10a(b),
NOTE: Appendix D is an example of such a procedure. 157.10a(c)(2), 157.10b(a)(2), or 157.10c(c)(2) shall ensure
that the valves under 157.222(d) remain closed when the vessel
[66 FR 55566, Nov. 2, 2001] is on a voyage in the navigable waters of the United States.

Dedicated Clean Ballast Tanks Operations [CGD 82-28, 50 FR 11629, Mar. 22, 1985]

157.225 Dedicated Clean Ballast Tanks Operations: General. Subpart F Exemption From 157.10a or
The master of a tank vessel meeting 157.10a(b), 157.10a(c)(2),
157.10b(a)(2), or 157.10c(c)(2) shall ensure that-
157.10c
Source:CGD 79-126, 46 FR 3513, Jan. 15, 1981, unless
(a) Before clean ballast in any dedicated clean ballast tank is otherwise noted
discharged or transferred, the pump and piping system for
conveying the clean ballast are flushed with water; 157.300 Qualifications For Exemptions Under This Part.
(a) Each vessel under 157.10a or 157.10c of this part may
(b) Before any dedicated clean ballast tank is ballasted, the pump qualify for an exemption from the requirements of 157.10a or
and piping system for conveying the ballast are flushed with water; 157.10c of this part if-

(c) Before the pump and piping system of the dedicated clean (1) The vessel loads and discharges cargo only at ports or places
ballast tanks are used for cargo transfer: within the United States, its territories, or its possessions; and

(1) If water in the dedicated clean ballast tanks is used for flushing (2) The application for exemption meets 157.302.
the pump and piping system, the volume of water for flushing is
equal to at least 10 times the volume of the piping to be flushed; (b) Except where the owner can show good cause, a vessel is not
granted an exemption under this subpart if a previous exemption
(2) The piping system is drained of fluid; and for the vessel has been revoked by the Coast Guard under
157.308(a)(1) or 157.308(a)(2).
(3) The valves under 157.222(d) are closed;
[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD
(d) Flushing water is pumped from a sea chest or a dedicated 82-28, 50 FR 11630, Mar. 22, 1985]
clean ballast tank through the pump and piping system of the
dedicated clean ballast tanks and then to a slop tank; 157.302 Applying For An Exemption Or Requesting
Modification Of An Exemption.
(e) Clean ballast from each dedicated clean ballast tank is (a) Each application for an exemption or modification must be in
discharged in accordance with 157.43; writing and submitted to the Commandant (CG-CVC), Attn: Office
of Commercial Vessel Compliance, U.S. Coast Guard Stop 7501,
(f) When the pump and piping system are being flushed: 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
7501.
(1) The oil content of the flushing water in the piping system is
monitored; and (b) Each application for exemption must include the following:

(2) The pump and piping system are flushed until the oil content (1) The name and official number of the vessel for which the
of the flushing water in the piping stabilizes; and exemption is requested.

(g) If any pump or piping system that is flushed to meet paragraph (2) A list of each port or place where the vessel would load cargo.

(f) of this section is used to convey cargo during an emergency, (3) The name, address, and telephone number for each shore-
that pump or piping system is flushed again to meet paragraph (f) based reception facility at each port listed under paragraph (b)(2)
of this section before being used to convey clean ballast. of this section where the vessel would discharge its ballast water
and oil cargo residues, including:
[CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by
CGD 82-28, 50 FR 11629, Mar. 22, 1985] (i) The name or title of the person at each facility who should be
contacted for information concerning the operation of the
157.226 Dedicated Clean Ballast Tanks Operations Manual: reception facility; and
Procedures To Be Followed.
The master of a foreign tank vessel meeting 157.10a(b), (ii) A statement from the facility owner disclosing whether or not,
157.10a(c)(2), 157.10b(a)(2), or 157.10c(c)(2) that has the based on current operating conditions, the facility has the
Dedicated Clean Ballast Tanks Operations Manual approved capability of processing the anticipated volume and type of
under 157.210 and is operating in the navigable waters of the discharges from the vessel without adversely affecting the service
United States or transferring cargo at a port or place subject to of the facility to current users.
the jurisdiction of the United States and the master of a U.S. tank
vessel meeting 157.10a(b), 157.10a(c)(2), 157.10b(a), or (4) The number of the permit under the National Pollutant
157.10c(c)(1) shall ensure that the procedure listed in the Discharge Elimination System (NPDES permit) issued to each
Dedicated Clean Ballast Tanks Operations Manual are followed. listed shore-based reception facility.

[CGD 82-28, 50 FR 11629, Mar. 22, 1985] (5) A list of each type of oil cargo that the vessel would load.

157.228 Isolating Valves: Closed During A Voyage. (6) A description of the method by which the vessel would
(a) The master of each U.S. tank vessel under 157.10a(b), discharge ballast water and oil cargo residues to each listed shore
157.10a(c)(2), 157.10b(a)(2), or 157.10c(c)(2) shall ensure based reception facility.

472
(c) Each request for modification to an exemption must include (b) The Officer in Charge, Marine Inspection, of the zone in which
the following: an occurrence under paragraph (a)(2) or (a)(3) of this section
takes place notifies the owner, operator, and master of the
(1) The name and official number of the vessel for which the exempted vessel of the specific reasons for considering the
modification to the exemption is requested. revocation of the exemption.

(2) The reason for requesting modification of the exemption. (c) Evidence or arguments for the retention of the exemption that
are submitted to the Officer in Charge, Marine Inspection within
(3) Any additional information which is pertinent to the thirty days of receipt of the notice under paragraph (b) of this
modification. section will be considered before a ruling is made.

[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD (d) If the owner is not satisfied with the ruling made under this
82-28, 50 FR 11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, section by the Officer in Charge, Marine Inspection, that ruling
July 1, 1988; CGD 96-026, 61 FR 33668, June 28, 1996; USCG- may be appealed under the procedure in 157.06 of this part.
2000-7641, 66 FR 55573, Nov. 2, 2001; USCG-2010-0351, 75 FR
36286, June 25, 2010; USCG-2014-0410, 79 FR 38438, July 7, 157.310 Exempted Vessels: Operations.
2014] The owner, operator, and master of each vessel that has been
granted an exemption under this subpart must ensure that:
157.304 Shore-Based Reception Facility: Standards.
No shore-based reception facility may be listed to meet (a) The vessel trades only between ports or places within the
157.302(b)(3) unless that reception facility has: United States, its territories or possessions;

(a) A valid NPDES permit which allows it to process the ballast (b) The vessel loads cargo only at ports or places listed in the
water and oil cargo residues of the vessel for which the exemption exemption;
is being requested; and
(c) Except as allowed under 157.41(a) and (b) of this part, any
(b) The capacity to receive and store a volume of dirty ballast ballast water, except segregated ballast discharged in accordance
water equivalent to 30 percent of the deadweight, less the with 157.43(b) of this part, and any tank washing or oil cargo
segregated ballast volume, of the vessel for which the exemption residues are:
is being requested.
(1) Retained on board; or
[66 FR 55566, Nov. 2, 2001]
(2) Transferred to a shore-based reception facility that is listed in
157.306 Granting, Denying, Or Modifying An Exemption. the application for exemption, or in the case of an emergency or a
(a) The Assistant Commandant for Prevention issues a written shipyard entry, an alternative acceptable to the cognizant Officer
decision concerning the grant or denial of each exemption or in Charge, Marine Inspection;
modification requested under 157.302.
(d) The vessel loads only those cargoes listed in the exemption;
(b) If the exemption or request for modification is denied, the and
decision under paragraph (a) of this section includes the reasons
for the denial. (e) The letter under 157.306 that grants the exemption is on
board the vessel; or
(c) Any person directly affected by, and not satisfied with, a
decision made under paragraph (a) of this section may appeal (f) The certificate of inspection bearing the following endorsement
that decision, in writing, to the Commandant (CG-CVC), Attn: is on board the vessel:
Office of Commercial Vessel Compliance, U.S. Coast Guard Stop
7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC Exempted under 33 CFR 157.306 from the requirements of (33
20593-7501. The appeal may contain any supporting CFR 157.10a or 157.10c, whichever is appropriate, will be
documentation or evidence that the appellant wishes to have inserted). This vessel may not discharge cargo in any foreign port,
considered. nor may it load cargo in a port other than the following: (a list of
ports contained in the application that is accepted by the Coast
(d) The Commandant, U.S. Coast Guard issues a ruling after Guard for the exempted vessel will be inserted here).
reviewing the appeal submitted under paragraph (c) of this
[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD
section. This ruling is final agency action.
82-28, 50 FR 11630, Mar. 22, 1985; 66 FR 55566, Nov. 2, 2001]
[CGD 79-126,46 FR 3513, Jan. 15, 1981, as amended by CGD
Subpart G Interim Measures for Certain Tank
88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668,
June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997; Vessels without Double Hulls Carrying
USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2010- Petroleum Oils
0351, 75 FR 36286, June 25, 2010; USCG-2014-0410, 79 FR
38438, July 7, 2014] Source:CGD 91-045, 59 FR 40188, Aug. 5, 1994, unless
otherwise noted.
157.308 Revocation Of Exemption: Procedure And Appeals.
(a) The Officer in Charge, Marine Inspection may consider the 157.400 Purpose And Applicability.
revocation of the exemption granted under this subpart when: (a) The purpose of this subpart is to establish mandatory safety
and operational requirements to reduce environmental damage
(1) Requested by the vessel's owner; resulting from petroleum oil spills.

(2) There is evidence that the vessel's owner, operator, or master (b) This subpart applies to each tank vessel specified in 157.01
has failed to comply with the requirements of this subpart; or of this part that-

(3) There have been changes to the NPDES permit of a reception (1) Is 5,000 gross tons or more;
facility listed to meet 157.304(b)(3) that would adversely affect
the ability of that facility to process the vessel's discharges. (2) Carries petroleum oil in bulk as cargo or oil cargo residue; and

473
(3) Is not equipped with a double hull meeting 157.10d of this (9) The need for, and examples of, clear, immediate, reliable, and
part, or an equivalent to the requirements of 157.10d, but relevant communication among members of the navigational
required to be equipped with a double hull at a date set forth in 46 watch.
U.S.C. 3703a(b)(3) and (c)(3).
(10) The action to be taken to suppress, remove, and avoid
[59 FR 40186, Aug. 5, 1994; 61 FR 39770, July 30, 1996; 62 FR nonessential activity and distractions on the bridge.
1622, Jan. 10, 1997; 66 FR 55566, Nov. 2, 2001]
(11) The importance of collecting, processing, and interpreting all
157.410 Emergency Lightering Requirements For Oil essential information and making it conveniently available to other
Tankers. members of the navigational watch and the pilot, as necessary to
Each oil tanker, to which this subpart applies, shall carry the perform their duties.
equipment listed in paragraphs (a), (b), and (c) of this section.
This equipment shall be located on the main deck, in the cargo (12) The need to ensure that nonessential materials are not
control room, in the pump room, or in the forecastle locker. This placed on the bridge.
equipment must be protected from the weather and must be
stored in one separate and marked location which is as (13) The need to ensure that members of the navigational watch
convenient to the cargo manifold, as is practicable. are prepared to respond at all times efficiently and effectively to
changes in circumstances.
(a) Reducers, adapters, bolts, washers, nuts, and gaskets to allow
at least two simultaneous transfer connections to be made from (b) Beginning not later than February 1, 1997, a tank barge owner
the vessel's cargo manifold to 15-centimeter (6-inch), 20- or operator shall not permit the barge to be towed unless those
centimeter (8-inch), and 25-centimeter (10-inch) cargo hoses. All individuals assigned to duties that are similar to the duties of the
reducers must be permanently marked with sizes. officer in charge of a navigational watch on the primary towing
vessel have been provided written bridge resource management
(b) One extra set of adapters, bolts, washers, nuts, and gaskets policy and procedures as specified in paragraph (a) of this section.
per reducer set must be carried as spares.
[61 FR 39770, July 30, 1996]
(c) Reducers, bolts, and gaskets must meet the requirements of
46 CFR subpart 56.25. Cast iron and malleable iron must not be 157.420 Vessel Specific Watch Policy And Procedures.
used. (a) Not later than February 1, 1997, the owner or operator of a
tankship shall provide written policy and procedures to masters
[59 FR 40186, Aug. 5, 1994; 61 FR 39770, July 30, 1996; 63 FR concerning the need for each individual who is newly employed
35524, June 30, 1998] on board the vessel to have a reasonable opportunity to become
familiar with the shipboard equipment, operating procedures, and
157.415 Bridge Resource Management Policy And other arrangements needed for the proper performance of their
Procedures. duties, before being assigned to such duties. This written policy
(a) Not later than February 1, 1997, a tankship owner or operator and procedures shall be followed by the master and shall include
shall provide written policy and procedures to masters and the following:
officers in charge of the navigational watch concerning the need
for continuously reassessing how bridge-watch resources are (1) Allocation of a reasonable and appropriate time period for
being allocated and used, based on bridge resource management each newly employed individual to allow him or her the
principles. This written policy and procedures must include vessel opportunity to become acquainted with the following:
and crew specific examples that address the following:
(1)(i) The specific equipment the individual will be using or
(1) The number of qualified individuals that should be on watch to operating; and
ensure that all duties can be performed effectively.
(1)(ii) The vessel specific watchkeeping, safety, environmental
(2) The appropriate qualifications of all members of the protection, and emergency procedures and arrangements the
navigational watch, the importance of confirming that all members individual needs to know to perform the assigned duties properly.
of the watch are fit for duty, and the need to ensure that all
members of the navigational watch are not impaired by fatigue. (2) Designation of a knowledgeable crew member who will be
responsible for ensuring that an opportunity is provided to each
(3) The need to take into account any known limitation in newly employed individual to receive essential information in a
qualifications or fitness of individuals when making navigational language the individual understands.
and operational decisions.
(b) Beginning not later than February 1, 1997, a tank barge owner
(4) The need to be clear and unambiguous in assigning duties or operator shall not permit the barge to be towed unless those
and the need to establish that the individual understands his or individuals assigned to duties as master or operator on the
her responsibilities. primary towing vessel have been provided written policy and
procedures as specified in paragraph (a) of this section.
(5) The need to perform tasks in a clear order of priority and to
adjust the priority of tasks as circumstances may require. [61 FR 39770, July 30, 1996]

(6) The importance of assigning and reassigning members of the 157.430 Enhanced survey requirements.
watch to locations where they can perform their duties most Beginning at each tank vessels next regularly scheduled drydock
effectively. examination and continuing as required under 46 CFR part 31, or,
for each foreign flagged tank vessel, beginning at the next
(7) Conditions that warrant task reassignment among members of drydock and continuing as required under the foreign vessels flag
the watch. administration, a tank vessel owner or operator shall

(8) The instruments and equipment necessary for the effective (a) Implement an enhanced survey program that complies with
performance of each task and appropriate actions if the the standards of IMO Resolution A.744(18), Annex B sections
instruments and equipment are not available or not functioning 1.1.31.1.4, 1.21.3, 2.1, 2.32.6, 38, and Annexes 110 with
properly. appendices;

474
(b) Implement a vessel specific survey program that provides a (a) A tankship owner or operator shall ensure that maneuvering
level of protection equivalent to the requirements in paragraph tests in accordance with IMO Resolution A.751(18), sections 1.2,
(a)(1) of this section and is approved by the Commandant (CG- 2.3-2.4, 3-4.2, and 5 (with Explanatory Notes in MSC/Circ.644)
CVC). A written request for program equivalency under this have been conducted by July 29, 1997. Completion of
paragraph must be submitted to the Commandant (CG-CVC); or maneuvering performance tests must be shown by-

(c) For a tankship of less than 20,000 deadweight tons (dwt) (1) For a foreign flag tankship, a letter from the flag administration
carrying crude oil, a tankship of less than 30,000 dwt carrying or an authorized classification society, as described in 157.04 of
product, or a tank barge, implement an enhanced survey program this part, stating the requirements in paragraph (a) of this section
that have been met; or

(1) Includes oversight of the program by the Coast Guard, the (2) For a U.S. flag tankship, results from the vessel owner
vessels flag administration, an authorized classification society as confirming the completion of the tests or a letter from an
described in 157.04 of this part, or a licensed professional authorized classification society, as described in 157.04 of this
engineer; part, stating the requirements in paragraph (a) of this section have
been met.
(2) Has the frequency of survey which is no less than the
inspections required by 46 CFR subpart 31.10; (b) If a tankship undergoes a major conversion or alteration
affecting the control systems, control surfaces, propulsion system,
(3) Has survey scope and recordkeeping requirements that are or other areas which may be expected to alter maneuvering
comparable to the requirements of paragraph (a)(1) of this section; performance, the tankship owner or operator shall ensure that
and new maneuvering tests are conducted as required by paragraph
(a) of this section.
(4) Includes keeping a copy of the most recent survey on board
the vessel or, upon request by the Coast Guard, making the (c) If a tankship is one of a class of vessels with identical
surveys available within 24 hours for examination. propulsion, steering, hydrodynamic, and other relevant design
characteristics, maneuvering performance test results for any
[CGD 91045, 61 FR 39789, July 30, 1996] tankship in the class may be used to satisfy the requirements of
paragraph (a) of this section.
157.435 Vital Systems Surveys.
(a) A tank vessel owner or operator shall ensure that surveys of (d) The tankship owner or operator shall ensure that the
the following systems are conducted: performance test results, recorded in the format of Appendix 6 of
the Explanatory Notes in MSC/Circ.644, are prominently
(1) Cargo systems. The survey must include the examination and displayed in the wheelhouse.
testing of the items listed in chapters 6, 7, and 10 of the
International Safety Guide for Oil Tankers and Terminals, if (e) Prior to entering the port or place of destination and prior to
applicable, prior to cargo transfer operations. getting underway, the tankship master shall discuss the results of
the performance tests with the pilot while reviewing the
(2) Mooring systems. The survey must include a visual anticipated transit and the possible impact of the tankship's
examination of the emergency towline, the anchor releasing maneuvering capability on the transit.
mechanism, and mooring lines prior to entering the port or place
of destination, if weather permits, or prior to getting underway. [61 FR 39770, July 30, 1996; 61 FR 41684, Aug. 9, 1996]

(b) Surveys must be conducted by company management 157.450 Maneuvering And Vessel Status Information.
personnel, company designated individuals, or vessel officers A tankship owner, master, or operator shall comply with IMO
knowledgeable about the equipment operating parameters and Resolution A.601(15), Annex sections 1.1, 2.3, 3.1, and 3.2, with
having the authority, capability, and responsibility to initiate appendices.
corrective action when the equipment is not functioning properly.
[61 FR 39770, July 30, 1996]
(c) The results of the survey required in paragraph (a) of this
section, including the material condition of each system, must be 157.455 Minimum Under-Keel Clearance.
recorded in the tank vessel's deck log or other onboard (a) The owner or operator of a tankship, that is not fitted with a
documentation. double bottom that covers the entire cargo tank length, shall
provide the tankship master with written under-keel clearance
[61 FR 39770, July 30, 1996; 61 FR 41684, Aug. 9, 1996] guidance that includes-

157.440 Autopilot Alarm Or Indicator. (1) Factors to consider when calculating the ship's deepest
(a) A tankship owner or operator shall ensure that each installed navigational draft;
autopilot unit without automatic manual override has an audible
and visual alarm, which is distinct from other required bridge (2) Factors to consider when calculating the anticipated
alarms, that will activate if the helm is manually moved while the controlling depth;
autopilot is engaged.
(3) Consideration of weather or environmental conditions; and
(b) A tank barge owner or operator shall ensure that each
autopilot unit without automatic manual override installed on the (4) Conditions which mandate when the tankship owner or
primary towing vessel has a means to clearly indicate the operator shall be contacted prior to port entry or getting underway;
autopilot status and warns personnel of the requirement to if no such conditions exist, the guidance must contain a statement
disengage the autopilot if positive rudder control is needed. to that effect.

[61 FR 39770, July 30, 1996] (b) Prior to entering the port or place of destination and prior to
getting underway, the master of a tankship that is not fitted with
157.445 Maneuvering Performance Capability.
the double bottom that covers the entire cargo tank length shall (a) of this section and estimate the anticipated under-keel
plan the ship's passage using guidance issued under paragraph clearance. The tankship master and the pilot shall discuss the

475
ship's planned transit including the anticipated under-keel (b) This subpart applies to each tank vessel specified in 157.01
clearance. An entry must be made in the tankship's official log or of this part that
in other onboard documentation reflecting discussion of the ship's
anticipated passage. (1) Is 5,000 gross tons or more;

(c) The owner or operator of a tank barge, that is not fitted with a (2) Carries animal fat or vegetable oil in bulk as cargo or cargo
double bottom that covers the entire cargo tank length, shall not residue; and
permit the barge to be towed unless the primary towing vessel
master or operator has been provided with written under-keel (3) Is not equipped with a double hull meeting 157.10d of this
clearance guidance that includes- part, or an equivalent to the requirements of 157.10d, but
required to be equipped with a double hull at a date set forth in 46
(1) Factors to consider when calculating the tank barge's deepest U.S.C. 3703a (b)(3) and (c)(3).
navigational draft;
157.510 Operational Measures.An owner or operator of a tank
(2) Factors to consider when calculating the anticipated An owner or operator of a tank vessel that carries animal fat or
controlling depth; vegetable oil in bulk as cargo or cargo residue shall comply with
the requirements in all sections of subpart G of this part.
(3) Consideration of weather or environmental conditions; and
Subpart I Interim Measures for Certain Tank
(4) Conditions which mandate when the tank barge owner or Vessels Without Double Hulls Carrying Other
operator shall be contacted prior to port entry or getting underway;
if no such conditions exist, the guidance must contain a statement
Non-Petroleum Oil
to that effect. Source:CGD 91-045, 61 FR 39791, July 30, 1996, unless
otherwise noted.
[61 FR 39770, July 30, 1996; 61 FR 41684, Aug. 9, 1996; 61 FR
60189, Nov. 27, 1996; 62 FR 49603, Sept. 23, 1997] 157.600 Purpose And Applicability.
(a) The purpose of this subpart is to establish mandatory safety
157.460 Additional Operational Requirements For Tank and operational requirements to reduce environmental damage
Barges. resulting from the discharge of other non-petroleum oil.
(a) Emergency steering capability. The owner or operator of each
tank barge shall not permit the barge to be towed unless, by (b) This subpart applies to each tank vessel specified in 157.01
November 27, 1997, the primary towing vessel has of this part that

(1) A steering gear system with a main power unit, an alternative (1) Is 5,000 gross tons or more;
power unit, and two remote steering gear control systems, except
that separate steering wheels or steering levers are not required. (2) Carries other non-petroleum oil in bulk as cargo or cargo
The steering gear control systems must be arranged so that if the residue; and
system in operation fails, the other system can be brought into
immediate operation from a position on the navigating bridge; or (3) Is not equipped with a double hull meeting 157.10d of this
part, or an equivalent to the requirements of 157.10d, but
(2) Twin screw propulsion with separate control systems for each required to be equipped with a double hull at a date set forth in 46
propeller. U.S.C. 3703a (b)(3) and (c)(3).

(b) Fendering system. An owner or operator of a tank barge shall 157.610 Operational Measures.
not permit the barge to be towed unless the primary towing vessel An owner or operator of a tank vessel that carries other non-
and any fleeting or assist towing vessels have a fendering system petroleum oil in bulk as cargo or cargo residue shall comply with
that is of substantial size and composition to prevent metal to the requirements in all sections of subpart G of this part.
metal contact between the towing vessel and the barge during
maneuvering operations. Appendices to Part 157
[CGD 91-045, 61 FR 39790, July 30, 1996; 61 FR 41685, Aug. 9, Appendix A To Part 157-Damage Assumptions, Hypothetical
1996] Outflows, And Cargo Tank Size And Arrangements

Subpart H Structural and Operational Measures 1. Source. The procedures for the damage assumption
for Certain Tank Vessels Without Double Hulls calculations contained in this Appendix conform to Regulations 24,
25, and 26 of Annex I of the International Convention for the
Carrying Animal Fat or Vegetable Oil Prevention of the Pollution from Ships, 1973, done at London,
Source:CGD 91-045, 61 FR 39791, July 30, 1996, unless November 2, 1973.
otherwise noted.
2. Assumptions. For the purpose of calculating hypothetical
157.500 Purpose And Applicability. outflow from tank vessels, three dimensions of the extent of
(a) The purpose of this subpart is to establish mandatory safety damage of a parallelepiped on the side and bottom of the vessel
and operational requirements to reduce environmental damage are assumed.
resulting from the discharge of animal fat or vegetable oil.
(a) For side damage, the conditions are as follows:
:

476
Damage Conditions

(1) Longitudinal extent lc 1/3L2/3 or 14.5 m, whichever is less.

(2) Transverse extent (tc) (inboard from the vessel's side at right angles to the centerline at the
B/5or 11.5 m, whichever is less.
level corresponding to the assigned summer freeboard)

(3) Vertical extent (vc) From the base line upwards without limit.

(b) For bottom damage, two conditions to be applied individually to the stated portions of the vessel, as follows:

Conditions
Damage
For 0.3L from the forward perpendicular of ship Any other part of ship

(1) Longitudinal extent (ls) L/10 L/10 or 5 meters, whichever is less.

(2) Transverse extent (ts) B/6 or 10 meters, whichever is less but not less than 5 meters 5 meters.

(3) Vertical extent from the base line (vs) B/15 or 6 meters, whichever is less B/15 or 6 meters, whichever is less.

3. Hypothetical Outflow of Oil. (a) The hypothetical outflow of oil in li


the case of side damage (Oc) and bottom damage (Os) is Si = 1 - --
calculated by the following formula with respect to compartments lc
breached by damage to all conceivable locations along the length
of the vessel to the extent as defined in section 2 of this Appendix. Where li=length of void space or segregated ballast tank under
consideration.
(1) For side damages: Formula
(c) Credit is only given in respect to double bottom tanks which
Oc = Wi+ KiCi are either empty or carrying clean water when cargo is carried in
the tanks above.
(2) For bottom damage: Formula II
(1) If the double bottom does not extend for the full length and
Os = 1/3( ZiWi+ ZiCi) width of the tank involved, the double bottom is considered
nonexistent and the volume of the tanks above the area of the
Where: bottom damage must be included in formula II of this section even
if the tank is not considered breached because of the installation
Wi=Volume of a wing tank assumed to be breached by the of such a partial double bottom.
damage as specified in section 2 of this Appendix; Wi for a
segregated ballast tank may be taken equal to zero; (2) Suction wells may be neglected in the determination of the
value hi if such wells are not excessive in area and extend below
Ci=Volume of a center tank assumed to be breached by the the tank for a minimum distance and in no case more than half
damage as specified in section 2 of this Appendix; Ci for a the height of the double bottom. If the depth of such a well
segregated ballast tank may be taken equal to zero; exceeds half the height of the double bottom, hi is taken equal to
the double bottom height minus the well height.
bi
Ki = 1 - -- (d) In the case where bottom damage simultaneously involves
tc four center tanks, the value of Os may be calculated according to
formula III as follows:
when bi is equal to or greater than tc, Ki is equal to
zero; Os = 1/4( ZiWi+ ZiCi)
hi
Zi = 1 - -- (e) Credit for reduced oil outflow from bottom damage may be
Vs applied to formula III for an installed emergency high suction
cargo transfer system that:
when hi is equal to or greater than vs, Zi is equal to zero;
(1) transfers within two hours oil equal to one half of the volume of
bi=Minimum width of wing tank under consideration measured the largest tank involved;
inboard from the vessel's side at right angles to the centerline at
the level corresponding to the assigned summer freeboard; and (2) has sufficient ballast or cargo tankage available to receive the
transferred oil; and
hi=Minimum depth of the double bottom under consideration;
where no double bottom is fitted, hi is equal to zero. (3) has the high suction piping installed at a height not less than
the vertical extent of bottom damage (vs).
(b) If a void space or segregated ballast tank of a length less than
lc is located between wing oil tanks, Oc in formula I of this section 4. Allowable volumes of cargo tanks.
may be calculated on the basis of volume Wi being the actual
volume of one such tank (where they are of equal capacity) or the (a) The allowable volume of a wing cargo tank (VOLw) is equal to
smaller of the two tanks (if they differ in capacity), adjacent to seventy-five percent of OA. In a segregated ballast tank vessel
such space, multiplied by Si as defined below and taking for all VOLw may equal OA for a wing cargo oil tank located between
other wing tanks involved in such a collision the value of the two segregated ballast tanks each of length greater than lc and
actual full volume. width greater than tc.

477
(b) The allowable volume of a center cargo tank (VOLc) is 50,000 the after or forward bulkhead bounding a machinery space
cubic meters. located aft is involved in the damage assumption. The machinery
space is calculated as a single floodable compartment.
5. Allowable length of cargo tanks.
(3) For a vessel 150 meters or less in length, anywhere in the
The length of each cargo tank (1 a) must not exceed 10 meters or vessel's length between adjacent transverse bulkheads except
the distance calculated from (a), (b), or (c), as appropriate, the machinery space.
whichever is greater:
(b) The extent and the character of the assumed side or bottom
(a) Where no longitudinal bulkhead is provided inside the cargo damage, as defined in section 2 of Appendix A of this part, must
tanks: be applied except longitudinal bottom damage within 0.3L from
the forward perpendicular must be assumed to be the same as
1 a=[0.5(bi/B)+0.1] L, but not to exceed 0.2L. that for side damage. If any damage of lesser extent results in a
more severe condition, such damage must be assumed.
(b) Where a centerline longitudinal bulkhead is provided inside the
cargo tanks: (c) If damage involves transverse bulkheads as specified in
paragraphs (a)(1) and (2) of this section, transverse watertight
1 a=[0.25(bi/B)+0.15] L, but not to exceed 0.2L. bulkheads must be spaced at least at a distance equal to the
longitudinal extent of the assumed damage specified in paragraph
(c) Where two or more longitudinal bulkheads are provided inside (b) of this section in order to be considered effective. Where
the cargo tanks: transverse bulkheads are spaced at a lesser distance, one or
more of these bulkheads within such extent of damage must be
(1) For wing cargo tanks: assumed as nonexistent for the purpose of determining flooded
compartments.
1 a = 0.2L.
(d) If the damages between adjacent transverse watertight
(2) For center cargo tanks: bulkheads is within the definition contained in paragraph (a)(3) of
this section, no main transverse bulkhead or a transverse
(i) If (bi/B) is equal to or greater than 0.2, 1 a = 0.2L. bulkhead bounding side tanks or double bottom tanks is to be
assumed damaged, unless:
(ii) If (bi/B) is less than 0.2:
(1) the spacing of the adjacent bulkheads is less than the
(A) Where no centerline longitudinal bulkhead is provided, 1 a = longitudinal extent of assumed damage defined in paragraph (b)
[0.5(bi/B) + 0.1] L. of this section; or

(B) Where a centerline longitudinal bulkhead is provided, 1 a = (2) there is a step or a recess in a transverse bulkhead of more
[0.25(bi/B) + 0.15] L. than 3.05 meters in length, located within the extent of
penetrations of assumed damage. The step formed by the after
(d) bi is the minimum distance from the ship's side to the outer peak bulkhead and after peak tank top is not regarded as a step
longitudinal bulkhead of the tank in question, measured inboard at for these calculations.
right angles to the centerline at the level corresponding to the
assigned summer freeboard. (e) If pipes, ducts, or tunnels are situated within the assumed
extent of damage, there must be arrangements so that
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD progressive flooding may not thereby extend to compartments
74-32, 40 FR 49328, Oct. 22, 1975; CGD 90-051, 57 FR 36245, other than those assumed to be floodable for each case of
Aug. 12, 1992; USCG-2008-0179, 73 FR 35015, June 19, 2008; damage.
USCG-2010-0351, 75 FR 36286, June 25, 2010]
(f) For oil tankers of 20,000 DWT and above, the damage
Appendix B To Part 157-Subdivision And Stability assumptions must be supplemented by the following assumed
Assumptions bottom raking damage:

1. Source. The procedures for the loading assumption (1) Longitudinal extent:
calculations contained in this Appendix conform to Regulation 28
of Annex I of the International Convention for the Prevention of (i) For ships of 75,000 DWT and above, 0.6L measured from the
the Pollution from Ships, 1973, done at London, November 2, forward perpendicular.
1973.
(ii) For ships of less than 75,000 DWT, 0.4L measured from the
2. Loading Assumptions. For the purpose of calculating forward perpendicular.
subdivision and damage stability for a tank vessel, the operating
drafts must reflect actual partial or full load conditions consistent (2) Transverse extent: B/3 anywhere in the bottom.
with trim and strength of the vessel. Ballast conditions need not
be considered if the tank vessel is not carrying oil in cargo tanks (3) Vertical extent: Breach of the outer hull.
excluding oily residues. Loading condition must reflect the specific
gravities of the cargo. 4. Characteristic and Condition Assumption for Calculations.
(a) Account must be taken of any empty or partially filled tanks,
3. Damage Assumptions. the specific gravity of cargoes carried, and any outflow of liquids
(a) Damage is applied to all conceivable locations along the from damaged compartments.
length of the vessel as follows:
(b) The permeabilities are assumed as follows:
(1) For a vessel of more than 225 meters in length, anywhere in
the vessel's length.
Intended space use Permeability
(2) For a vessel of more than 150 meters, but not exceeding 225 Stores 0.60
meters in length, anywhere in the vessel's length except where

478
D=the molded depth in meters measured vertically from the top of
Accommodation 0.95
the keel plate to the top of the freeboard deck beam at the side
Machinery 0.85 amidships. In tank vessels having rounded gunwales, the molded
depth is measured from the top of the keel plate to the point of
Voids 0.95 intersection of the molded lines of the deck and side shell plating,
the lines being extended as though the gunwale were of angular
Consumable liquids 1 0 or 0.95 design.

Other liquids 2 10 or 0.95 (a) Method of determining a value for J.

(1) For tank vessels for 20,000 DWT, J=0.45.


1
Whichever results in the more severe requirements.
2 (2) For tank vessels of 200,000 DWT or more:
The permeability of partially filled compartments must be
consistent with actual density and the amount of liquid carried.
(i) J=0.30; or

(c) The buoyancy of any superstructure directly above the side (ii) J=the greater of 0.20, or
damage is to be disregarded. The unflooded parts of
superstructures beyond the extent of damage may be taken into
consideration if they are separated from the damaged space by
watertight bulkheads and no progressive flooding of these intact
spaces takes place. Class I doors are allowed in watertight
bulkheads in the superstructure.

(d) The free surface effect is to be calculated:


where:
(1) at an angle of heel of 5 degrees for each individual
compartment; or a=0.25 for tank vessels of 200,000 DWT.

(2) by assessing the shift of liquids by moment of transference a=0.40 for tank vessels of 300,000 DWT.
calculations.(e) In calculating the effect of free surfaces of
consumable liquids, it is to be assumed that, for each type of a=0.50 for tank vessels of 420,000 DWT.
liquid, at least one transverse pair or a single centerline tank has
a free surface and the tank or combination of tanks to be taken For values of DWT between 200,000 and 300,000 DWT, 300,000
into account is to be those where the effect of free surface is the and 420,000 DWT, and greater than 420,000 DWT, the value of
greatest. a is determined by linear interpolation.

[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by USCG- Oc = as calculated in Appendix A of this part.
2000-7641, 66 FR 55573, Nov. 2, 2001; USCG-2008-0179, 73 FR
35015, June 19, 2008] Os = as calculated in Appendix A of this part.

Appendix C To Part 157-Procedure For Determining OA = the allowable oil outflow meeting 157.19(b)(1) of this part.
Distribution Of Segregated Ballast Tanks To Provide
Protection Against Oil Outflow In The Event Of Grounding, (3) For values of DWT between 20,000 and 200,000 DWT, the
Ramming, Or Collision value of J is determined by linear interpolation between 0.45 and
0.30 respectively.
1. Source. The procedure for determining the distribution of
segregated ballast tanks contained in this appendix conforms to (b) PAc and PAs: Criteria for determining the segregated ballast
Regulation 18, paragraphs 12-15 of the MARPOL Protocol. tanks, voids, and other spaces that do not carry cargo.

2. Procedure. Protective location of segregated ballast tanks, The following criteria are to be met for a segregated ballast tank,
voids, and other spaces that do not carry cargo which are within void, or space that does not carry cargo, to be used in
the cargo tank length is determined from the following: determining PAc and PAs:

PAc + PAs = J[Lt(B + 2D)] (1) The minimum width of each wing tank or space, either of
which extends for the full depth of the vessel's side or from the
Where: main deck to the top of the double bottoms is 2 meters or more.
The width is measured inboard from the vessel's side shell plating
PAc=the side shell area in square meters based on projected at right angles to the vessel's center line. If a wing tank or space
molded dimensions for each segregated ballast tank, void, or has a width anywhere within it that is less than 2 meters, that wing
other space that does not carry cargo and which complies with tank or space is not used when calculating PAc.
paragraph 2(b) of this appendix;
(2) The minimum vertical depth of each double bottom tank or
PAs=the bottom shell area in square meters based on projected space is B/15 or 2 meters, whichever is smaller. If a double
molded dimensions for each segregated ballast tank, void, or bottom tank or space has a depth less than B/15 or 2 meters,
other space that does not carry cargo and which complies with whichever is smaller, anywhere within it, the double bottom or
paragraph 2(b) of this appendix; space is not to be used when calculating PAs.

Lt=the length in meters between the forward and after extremities (3) The minimum width of a wing tank or space is not measured in
of the cargo tanks; the way of

B=the maximum breadth of the ship in meters measured (i) the turn of the bilge area; or
amidship to the molded line of the frame; and
(ii) a rounded gunwale area.

479
(4) The minimum depth of a double bottom tank or space is not (2) Recheck that the pumping and piping designated for clean
measured in the way of the turn of the bilge area. ballast operation have been properly cleaned.

[CGD 77-058b, 45 FR 43716, June 30, 1980, as amended by (3) Ballast through clean cargo pumps and piping, considering the
USCG-2008-0179, 73 FR 35015, June 19, 2008] port's draft requirements.

Appendix D To Part 157-Example Of A Procedure For (4) Ensure that all valves in the dedicated clean ballast tanks are
Dedicated Clean Ballast Tanks Operations closed.

1. Source. The example procedure for dedicated clean ballast (e) In the unloading port:
tanks operation contained in this appendix conforms to the Annex
of Resolution 14 of the MARPOL Protocol. (1) Allocate pumping and piping intended for clean ballast
operation.
2. Example Procedure. Dedicated clean ballast tanks operational
procedure: (2) Perform normal unloading operations.
(a) Before arrival at the loading port:
(3) As soon as draft conditions permit, complete ballasting to
(1) Transfer all remaining oily mixtures to a cargo tank. departure conditions.

(2) Ensure that the pumping and piping designated for clean (4) Ensure that all valves to the dedicated clean ballast tanks are
ballast operation have been properly cleaned to accommodate closed.
simultaneous discharge of clean ballast while loading.
(5) Complete unloading.
(3) Ensure that all valves to the slop tank and the cargo tanks are
closed. (f) After departure from the unloading port:

(4) Perform visual inspection of all dedicated clean ballast tanks (1) Flush pumps and piping servicing the dedicated clean ballast
and their contents, if any, for signs of contamination. tanks into the slop tank.

(5) Discharge a sufficient amount of clean ballast water to ensure (2) Top up dedicated clean ballast tanks.
that remaining ballast water and cargo to be loaded will not
exceed the permissible deadweight or draft. Leave a sufficient (3) Process the slop tank content in accordance with load on top
amount of water for flushing the piping, and as a minimum, a (LOT) procedures.
quantity equal to 10 times the volume of the affected piping.
[CGD 77-058b, 45 FR 43717, June 30, 1980, as amended by
(6) Ensure that all valves to the dedicated clean ballast tanks are USCG-2000-7641, 66 FR 55573, Nov. 2, 2001]
closed.
Appendix E To Part 157-Specifications For The Design,
(7) If no further ballast discharge is anticipated, drain the clean Installation And Operation Of A Part Flow System For Control
ballast piping. Of Overboard Discharges

(b) In the loading port: Source. Appendix 2 to Annex 5 of IMO's Marine Environment
Protection Committee document MEPC/Circ. 97. Paragraphs 1
(1) Perform normal loading operations of cargo tanks. and 2 are printed for information. Paragraphs 3, 4, and 5 are
incorporated into 157.11 and 157.37.
(2) Ensure sufficient slop tank capacity is available for subsequent
reception of cargo pump and piping flushings. Note: Information in square brackets on Figure 1 has been added
by the Coast Guard for clarity.
(3) When applicable, discharge remaining clean ballast before
entire piping system is used for loading. Leave the required 1 Purpose
minimum quantity of flushing water in ballast tanks.
The purpose of these Specifications is to provide specific design
(4) Ensure that all valves to the dedicated clean ballast tanks are criteria and installation and operational requirements for the part
closed. flow system referred to in Regulation 18(6)(e) of Annex I of the
International Convention for the Prevention of Pollution from
(5) Ensure that all valves to the cargo tank are closed upon Ships, 1973 as modified by the Protocol of 1978 relating thereto.
completion of loading.
2 Application
(c) After departure from the loading port:
2.1 Existing oil tankers may, in accordance with Regulation
(1) Flush appropriate pumping and piping with sufficient water 18(6)(e) of Annex I of MARPOL 73/78, discharge dirty ballast
from dedicated clean ballast tanks into a slop tank. water and oil contaminated water from cargo tank areas below the
waterline, provided part of the flow is led through permanent
(2) Ensure that valves to the slop tank are closed before pumping piping to a readily accessible location on the upper deck or above
the remaining clean water overboard and monitoring oil content of where it may be visually observed during the discharge operation
the water. and provided that the arrangements comply with the requirements
established by the Administration and which shall at least contain
(3) Ensure that all valves in the dedicated clean ballast tanks are all the provisions of these Specifications.
closed.
2.2 The part flow concept is based on the principle that the
(d) Before arrival at the unloading port: observation of a representative part flow of the overboard effluent
is equivalent to observing the entire effluent stream. These
(1) Ensure that all valves to the slop tank and cargo tanks are specifications provide the details of the design installation, and
closed. operation of a part flow system.

480
3 General Provisions becoming clogged by particle contaminants and should not
generate high hydrodynamic pressures at the sampling probe tip.
3.1 The part flow system shall be so fitted that it can effectively Figure 1 is an example of one suitable shape of a sampling probe.
provide a representative sample of the overboard effluent for
visual display under all normal operating conditions. .6 Sampling probes shall have the same nominal bore as the
sample piping.
3.2 The part flow system is in many respects similar to the
sampling system for an oil discharge monitoring and control 4.2 Sample piping:
system but shall have pumping and piping arrangements separate
from such a system, or combined equivalent arrangements .1 The sample piping shall be arranged as straight as possible
acceptable to the Administration. between the sampling points and the display arrangement. Sharp
bends and pockets where settled oil or sediment may accumulate
3.3 The display of the part flow shall be arranged in a sheltered should be avoided.
and readily accessible location on the upper deck or above,
approved by the Administration (e.g. the entrance to the pump .2 The sample piping shall be so arranged that sample water is
room). Regard should be given to effective communication conveyed to the display arrangement within 20 seconds. The flow
between the location of the part flow display and the discharge velocity in the piping should not be less than 2 meters per second.
control position.
3 The diameter of the piping shall not be less than 40 millimeters
3.4 Samples shall be taken from relevant sections of the if no fixed flushing arrangement is provided and shall not be less
overboard discharge piping and be passed to the display than 25 millimeters if a pressurized flushing arrangement as
arrangement through a permanent piping system. detailed in paragraph 4.4 is installed.

3.5 The part flow system shall include the following components: .4 The sample piping should be of corrosion-resistant and oil-
resistant material, of adequate strength, properly jointed and
.1 Sampling probes; supported.

.2 Sample water piping system; .5 Where several sampling points are installed the piping shall be
connected to a valve chest at the suction side of the sample feed
.3 Sample feed pump(s); pump.

.4 Display arrangement; 4.3 Sample feed pump:

.5 Sample discharge arrangement; and, subject to the diameter of .1 The sample feed pump capacity shall be suitable to allow the
the sample piping: flow rate of the sample water to comply with 4.2.2.
4.4 Flushing arrangement:
.6 Flushing arrangement.
.1 If the diameter of sample piping is less than 40 millimeters, a
.3.6 The part flow system shall comply with the applicable safety fixed connection from a pressurized sea or fresh water piping
requirements. system shall be installed to enable flushing of the sample piping
system.
4 System Arrangement
4.5 Display arrangement:
4.1 Sampling points.
.1 The display arrangement shall consist of a display chamber
4.1.1 Sampling point locations: provided with a sight glass. The chamber should be of a size that
will allow a free fall stream of the sample water to be clearly
.1 Sampling points shall be so located that relevant samples can visible over a length of at least 200 millimeters. The
be obtained of the effluent being discharged through outlets below Administration may approve equivalent arrangements.
the waterline which are being used for operational discharges.
.2 The display arrangement shall incorporate valves and piping in
.2 Sampling points shall as far as practicable be located in pipe order to allow a part of the sample water to bypass the display
sections where a turbulent flow is normally encountered. chamber to obtain a laminar flow for display in the chamber.

.3 Sampling points shall as far as practicable be arranged in .3 The display arrangement shall be designed to be easily opened
accessible locations in vertical sections of the discharge piping. and cleaned.

4.1.2 Sampling probes: .4 The internal of the display chamber shall be white except for
the background wall which shall be so colored in order to facilitate
.1 Sampling probes shall be arranged to protrude into the pipe a the observation of any change in the quality of the sample water.
distance of about one fourth of the pipe diameter.
.5 The lower part of the display chamber shall be shaped as a
.2 Sampling probes shall be arranged for easy withdrawal for funnel for collection of the sample water.
cleaning.
.6 A test cock for taking a grab sample shall be provided in order
.3 The part flow system shall have a stop valve fitted adjacent to that a sample of the water can be examined independent of that
each probe, except that were the probe is mounted in a cargo line, in the chamber.
two stop valves shall be fitted in series, in the sample line.
.7 The display arrangement shall be adequately lighted to
.4 Sampling probes should be of corrosion resistant and oil facilitate visual observation of the sample water.
resistant material, of adequate strength, properly jointed and
supported. 4.6 Sample discharge arrangement:

.5 Sampling probes shall have a shape that is not prone to .1 The sample water leaving the display chamber shall be routed

481
to the sea or to a slop tank through piping of adequate diameter. Statutes of the United States (46 U.S.C. app. 14).

5 Operation (b) A vessel of less than 5,000 gross tons for which a building
contract or contract for major conversion was placed before June
5.1 When a discharge of dirty ballast water or other oil 30, 1990, and that is delivered under that contract before January
contaminated water from the cargo tank area is taking place 1, 1994, and a vessel that had its appraised salvage value
through an outlet below the waterline, the part flow system shall determined by the Coast Guard before June 30, 1990, and that
provide sample water from the relevant discharge outlet at all qualifies for documentation under section 4136 of the Revised
times. Statutes of the United States (46 U.S.C. app. 14) before January
1, 1994, may not operate in the navigable waters or the Exclusive
5.2 The sample water should be observed particularly during Economic Zone of the United States after January 1, 2015, unless
those phases of the discharge operation when the greatest equipped with a double hull or with a double containment system
possibility of oil contamination occurs. The discharge shall be determined by the Coast Guard to be as effective as a double hull
stopped whenever any traces of oil are visible in the flow and for the prevention of a discharge of oil.
when the oil content meter reading indicates oil content exceeds
permissible limits. (c) A vessel for which a building contract or contract for major
conversion was placed before June 30, 1990, and that is
5.3 On those systems that are fitted with flushing arrangements, delivered under that contract before January 1, 1994, and a
the sample piping should be flushed after contamination has been vessel that had its appraised salvage determined by the Coast
observed and additionally it is recommended that the sample Guard before June 30, 1990, and that qualifies for documentation
piping be flushed after each period of usage. under 46 CFR subpart 67.19 before January 1, 1994, may not
operate in the navigable waters or Exclusive Economic Zone of
5.4 The ship's cargo and ballast handling manuals and, where the United States unless equipped with a double hull-
applicable, those manuals required for crude oil washing systems
or dedicated clean ballast tanks operation shall clearly describe (1) In the case of vessel of at least 5,000 gross tons but less than
the use of the part flow system in conjunction with the ballast 15,000 gross tons-
discharge and the slop tank decanting procedures.
(i) After January 1, 1995, if the vessel is 40 years old or older and
FIGURE 1 has a single hull, or is 45 years old or older and has a double
bottom or double sides;

(ii) After January 1, 1996, if the vessel is 39 years old or older and
has a single hull, or is 44 years old or older and has a double
bottom or double sides;

(iii) After January 1, 1997, if the vessel is 38 years old or older


and has a single hull, or is 43 years old or older and has a double
bottom or double sides;

(iv) After January 1, 1998, is the vessel is 37 years old or older


and has a single hull, or is 42 years old or older and has a double
bottom or double sides;

(v) After January 1, 1999, if the vessel is 36 years old or older and
has a single hull, or is 41 years old or older and has a double
bottom or double sides;

(vi) After January 1, 2000, if the vessel is 35 years old or older


and has a single hull, or is 40 years old or older and has a double
bottom or double sides;

(vii) After January 1, 2005, if the vessel is 25 years old or older


and has a single hull, or is 30 years old or older and has a double
bottom or double sides;

(2) In the case of a vessel of at least 15,000 gross tons but less
[CGD 75-124a, 48 FR 45721, Oct. 6, 1983] than 30,000 gross tons-
Appendix F to Part 157-[Removed and Reserved] (i) After January 1, 1995, if the vessel is 40 years old or older and
Appendix G To Part 157-Timetables For Application Of has a single hull, or is 45 years old or older and has a double
Double Hull Requirements bottom or double sides;

1. Source. These timetables conform to 46 U.S.C. 3703a(c). (ii) After January 1, 1996, if the vessel is 38 years old or older and
has a single hull, or is 43 years old or older and has a double
2. Timetables. bottom or double sides;

(a) In this section, the age of a vessel is determined from the later (iii) After January 1, 1997, if the vessel is 36 years old or older
of the date on which the vessel is- and has a single hull, or is 41 years old or older and has a double
bottom or double side;
(1) Delivered after original construction;
(iv) After January 1, 1998, if the vessel is 34 years old or older
(2) Delivered after completion of a major conversion; or and has a single hull, or is 39 years old or older and has a double
bottom or double sides;
(3) Qualified for documentation under section 4136 of the Revised

482
(v) After January 1, 1999, if the vessel is 32 years old or older and bottom or double sides;
has a single hull, or is 37 years old or older and has a double
bottom or double sides; (iv) After January 1, 1998, if the vessel is 25 years old or older
and has a single hull, or is 30 years old or older and has a double
(vi) After January 1, 2000, if the vessel is 30 years old or older bottom or double sides;
and has a single hull, or is 35 years old or older and has a double
bottom or double sides; (v) After January 1, 1999, if the vessel is 24 years old or older and
has a single hull, or is 29 years old or older and has a double
(vii) After January 1, 2001, if the vessel is 29 years old or older bottom or double sides;
and has a single hull, or is 34 years old or older and has a double
bottom or double sides; (vi) After January 1, 2000, if the vessel is 23 years old or older
and has a single hull, or is 28 years old or older and has a double
(viii) After January 1, 2002, if the vessel is 28 years old or older bottom or double sides;
and has a single hull, or is 33 years old or older and has a double
bottom or double sides; (d) Except as provided in paragraph (b) of this section-

(ix) After January 1, 2003, if the vessel is 27 years old or older (1) A vessel that has a single hull may not operate after January 1,
and has a single hull, or is 32 years old or older and has a double 2010, and
bottom or double sides;
(2) A vessel that has a double bottom or double sides may not
(x) After January 1, 2004, if the vessel is 26 years old or older and operate after January 1, 2015.
has a single hull, or is 31 years old or older and has a double
bottom or double sides; Note: Double sides and double bottoms must meet the
requirements in 157.10d(c) or (d), as appropriate. A vessel will
(xi) After January 1, 2005, if the vessel is 25 years old or older be considered to have a single hull if it does not have double
and has a single hull, or is 30 years old or older and has a double sides and a double bottom that meet the requirements in
bottom or double sides; and 157.10d(c) and 157.10d(d). To determine a tank vessel's
double hull compliance date under OPA 90, use the vessel's hull
(3) In the case of a vessel of at least 30,000 gross tons- configuration (i.e., single hull; single hull with double sides; or
single hull with double bottom) on August 18, 1990. The
(i) After January 1, 1995, if the vessel is 28 years old or older and conversion of a single hull tank vessel to include only double
has a single hull, or is 33 years old or older and has a double sides or only a double bottom after August 18, 1990, will not result
bottom or double sides; in a change of the vessel's originally scheduled phase-out date.
The conversion of a single hull tank vessel to a double hull tank
(ii) After January 1, 1996, if the vessel is 27 years old or older and vessel meeting the requirements of 157.10d complies with OPA
has a single hull, or is 32 years old or older and has a double 90.
bottom or double sides;
[CGD 90-051, 57 FR 36245, Aug. 12, 1992; 65 FR 39260, June
(iii) After January 1, 1997, if the vessel is 26 years old or older 23, 2000]
and has a single hull, or is 31 years old or older and has a double

483
Part 158-Reception Facilities For Oil, Noxious Liquid
Substances, And Garbage
Table of Contents Source:CGD 85-010, 52 FR 7761, Mar. 12, 1987, unless
otherwise noted.
Subpart AGeneral 158.100 Purpose.
Sec. This part establishes the following:
158.100 Purpose. (a) Criteria for determining the adequacy of reception facilities.
158.110 Applicability.
158.115 Penalties For Violation. (b) Procedures for certifying that reception facilities are adequate
158.120 Definitions. for receiving-
158.130 Delegations.
158.133 Which Ports And Terminals Must Provide Reception (1) Oily mixtures from oceangoing tankers and any other
Facilities? oceangoing ships of 400 gross tons or more;
158.135 Which Ports And Terminals Must Have Certificates Of
Adequacy? (2) NLS residue from oceangoing ships; or
158.140 Applying For A Certificate Of Adequacy.
158.150 Waivers And Alternatives. (3) Garbage from ships.
158.160 Issuance And Termination Of A Certificate Of Adequacy
158.163 Reception Facility Operations. (c) Standards for ports and terminals to reduce NLS residue.
158.165 Certificate Of Adequacy: Change Of Information.
158.167 Reporting Inadequate Reception Facilities. [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD
88-002, 54 FR 18407, Apr. 28, 1989; 66 FR 55566, Nov. 2, 2001]
Suspension, Revocation, And Appeals
158.110 Applicability.
158.170 Grounds For Suspension. (a) Subparts B, C, and E apply to each port and each terminal
158.172 Notification Of A Suspension Order. located in the United States or subject to the jurisdiction of the
158.174 Suspension Of A Certificate Of Adequacy: Procedure. United States that is-
158.176 Effect Of Suspension Of A Certificate Of Adequacy.
158.178 Actions During A Suspension. (1) Used by oceangoing tankers, or any other oceangoing ships of
158.180 Certificate Of Adequacy: Procedure After Revocation 400 gross tons or more, carrying oily mixtures, or by oceangoing
Or The Part No Longer Applies. ships to transfer NLSs, except those ports and terminals that are
158.190 Appeals. used only by-

Subpart B-Criteria For Reception Facilities: Oily (1)(i) Tank barges that are not configured and are not equipped to
Mixtures ballast or wash cargo tanks while proceeding enroute;

158.200 General. (1)(ii) Ships carrying NLS operating under waivers under 46 CFR
158.210 Ports And Terminals Loading Crude Oil. 153.491(b); or
158.220 Ports And Terminals Loading More Than 1,000 Metric
Tons Of Oil Other Than Crude Oil Or Bunker Oil. (2) A ship repair yard that services oceangoing ships carrying oil
158.230 Ports And Terminals Other Than Ports And Terminals or NLS residue.
Under 158.210, 158.220, And 158.240.
158.240 Ship Repair Yards. (b) Subpart D applies to each port and terminal located in the
158.250 Standard Discharge Connection. United States or subject to the jurisdiction of the United States.

Subpart C-Criteria for Certifying That A Port's Or [CGD 88-002, 54 FR 18407, Apr. 28, 1989; 66 FR 55566, Nov. 2,
Terminal's Facilities Are Adequate For Receiving 2001]
NLS Residue 158.115 Penalties For Violation.
158.300 Purpose. (a) A person who violates MARPOL 73/78, the Act, or the
158.310 Reception Facilities: General. regulations of this part is liable for a civil penalty not to exceed
158.320 Reception Facilities: Capacity And Exceptions. $25,000 for each violation, as provided by 33 U.S.C. 1908(b)(1).
158.330 Ports And Terminals: Equipment. Each day of a continuing violation constitutes a separate violation.

Subpart D-Criteria For Adequacy Of Reception (b) A person who makes a false, fictitious statement or fraudulent
representation in any matter in which a statement or
Facilities: Garbage representation is required to be made to the Coast Guard under
158.400 Purpose. MARPOL 73/78, the Act, or the regulations of this part, is liable for
158.410 Reception Facilities: General. a civil penalty not to exceed $5,000 for each statement or
158.420 Reception Facilities: Capacity And Exceptions. representation, as provided by 33 U.S.C. 1908(b)(2).

Subpart E-Port And Terminal Operations (c) A person who knowingly violates MARPOL 73/78, the Act, or
the regulations of this part is liable for a fine for each violation, of
158.500 Draining Cargo Area And Piping Systems. not more than $50,000 dollars, or imprisonment for not more than
158.520 Following The Instruction Manual. 5 years, or both, as provided by 33 U.S.C. 1908(a).

Authority: 33 U.S.C. 1903(b), 1905 (c); 49 CFR 1.46. [CGD 88-002, 54 FR 18407, Apr. 28, 1989]

Subpart AGeneral
484
158.120 Definitions. place or onshore structure or facility which is a base of operations
As used in this part: for ships serving the mineral and oil industry.

Bunker oil means oil loaded into bunker tanks for use as fuel. Noxious liquid substance (NLS) means

Captain of the Port (COTP) means the Coast Guard officer (1) Each substance listed in 151.47 or 151.49 of this chapter;
commanding a Captain of the Port Zone described in part 3 of this
chapter. (2) Each substance having an A, B, C, or D beside it's
name in the column headed Pollution Category in table 1 of 46
Certificate of Adequacy means a document issued by the Coast CFR Part 153; and
Guard or other authorized agency that certifies a port or terminal
meets the requirements of this part with respect to reception (3) Each substance that is identified as an NLS in a written
facilities required under the Act and MARPOL 73/78, and has permission issued under 46 CFR 153.900(d).
Form A, Form B, or Form C attached.
Oceangoing ship means a ship that
Clean ballast has the same meaning as in 157.03(e) of this
chapter. (1) Is operated under the authority of the United States and
engages in international voyages;
Commandant means Commandant, U.S. Coast Guard.
(2) Is operated under the authority of the United States and is
Commercial fishing facility means docks, piers, processing certificated for ocean service;
houses, or other facilities which receive commercial fishery
products from ships. (3) Is operated under the authority of the United States and is
certificated for coastwise service beyond three miles from land;
Daily vessel average means the total number of oceangoing
tankers, or any other oceangoing ships of 400 gross tons or more, (4) Is operated under the authority of the United States and
carrying residues and mixtures containing oil, serviced over a operates at any time seaward of the outermost boundary of the
typical continuous 12 month period, divided by 365. territorial sea of the United States as defined in 2.22 of this
chapter; or
Form A means the application for a reception facility Certificate of
Adequacy for oil, Coast Guard form USCG-CG-5401A (9-85). (5) Is operated under the authority of a country other than the
United States.
Form B means the application for a reception facility Certificate of
Adequacy for NLS, Coast Guard form USCG-CG-5401B(2-87). Note:A Canadian or U.S. ship being operated exclusively on the
Great Lakes of North America or their connecting and tributary
Form C means the application for a Certificate of Adequacy for a waters, or exclusively on the internal waters of the United States
Reception Facility for Garbage, Coast Guard form USCG-CG- and Canada, is not an oceangoing ship.
5401C. Garbage means all kinds of victual, domestic, and
operational waste, excluding fresh fish and parts thereof, Oil means petroleum whether in solid, semi-solid, emulsified, or
generated during the normal operation of the ship and liable to be liquid form, including but not limited to, crude oil, fuel oil, sludge,
disposed of continuously or periodically, except dishwater, oil refuse, oil residue, and refined products, and, without limiting
graywater, and those substances that are defined or listed in the generality of the foregoing, includes the substances listed in
other annexes to MARPOL 73/78.Harmful substance means any Appendix I of Annex I of MARPOL 73/78. Oil does not include
substance which, if introduced into the sea, is liable to create animal and vegetable based oil or noxious liquid substances (NLS)
hazards to human health, harm living resources and marine life, designated under Annex II of MARPOL 73/78.
damage amenities or interfere with other legitimate uses of the
sea, and includes any substance subject to control by MARPOL Oil cargo residue means any residue of oil cargo whether in
73/78. solid, semi-solid, emulsified, or liquid form from cargo tanks and
cargo pump room bilges, including but not limited to, drainages,
High viscosity NLS includes Category A NLSs having a viscosity leakages, exhausted oil, muck, clingage, sludge, bottoms, paraffin
of at least 25 mPa.s at 20 C and of at least 25 mPa.s at the time (wax), and any constituent component of oil. The term oil cargo
they are unloaded, high viscosity Category B NLSs, and high residue is also known as cargo oil residue.
viscosity Category C NLSs.
Oil residue means
High viscosity Category B NLS means any Category B NLS
having a viscosity of at least 25 mPa.s at 20 C and at least 25 (1) Oil cargo residue; and
mPa.s at the time it is unloaded.
(2) Other residue of oil resulting from drainages, leakages,
High viscosity Category C NLS means any Category C NLS exhausted oil, and other similar occurrences from machinery
having a viscosity of at least 60 mPa.s at 20 C and at least 60 spaces.
mPa.s at the time it is unloaded.
Oily mixture means a mixture, in any form, with any oil content.
MARPOL 73/78 means the International Convention for the Oily mixture includes, but is not limited to
Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating to that Convention. A copy of MARPOL (1) Slops from bilges;
73/78 is available from the International Maritime Organization, 4
Albert Embankment, London, SE1 7SR, England. (2) Slops from oil cargoes (such as cargo tank washings, oily
waste, and oily refuse);
Medical waste means isolation wastes, infectious agents, human
blood and blood products, pathological wastes, sharps, body (3) Oil residue; and
parts, contaminated bedding, surgical wastes and potentially
contaminated laboratory wastes, dialysis wastes, and such (4) Oily ballast water from cargo or fuel oil tanks.
additional medical items as prescribed by the Administrator of the
EPA by regulation.Mineral and oil industry shorebase means a Person has the same meaning as in 151.05(n) of this chapter.

485
Person in charge means an owner, operator, or a person (1) Greater than 0 C but less than 15 C and a temperature,
authorized to act on behalf of a port or terminal. measured under the procedure in 46 CFR 153.908(d), that is less
than 5 C above its melting point at the time it is unloaded; or
Note:The person in charge under this part is not necessarily the
same person as the person in charge referred to in parts 151, (2) 15 C or greater and has a temperature, measured under the
154, 155, and 156 of this chapter (as defined in 154.105 of this procedure in 46 CFR 153.908(d), that is less than 10 C above its
chapter.)Prewash means a tank washing operation that meets the melting point at the time it is unloaded.
procedure in 46 CFR 153.1120.
Tank barge has the same meaning as contained in 46 CFR
Port means 30.10-65.

(1) A group of terminals that combines to act as a unit and be Tanker means a ship constructed or adapted primarily to carry oil
considered a port for the purposes of this part; in bulk in the cargo spaces.

(2) A port authority or other organization that chooses to be Terminal means an onshore facility or an offshore structure
considered a port for the purposes of this part; or located in the navigable waters of the United States or subject to
the jurisdiction of the United States and used, or intended to be
(3) A place or facility that has been specifically designated as a used, as a port or facility for the transfer or other handling of a
port by the COTP. harmful substance.

Reception facility means anything capable of receiving Note:The Coast Guard interprets commercial fishing facilities,
shipboard oily mixtures or NLS residue, or receiving garbage, recreational boating facilities, and mineral and oil industry
including, but not limited to shorebases to be terminals for the purposes of Annex V of
MARPOL 73/78, since these facilities normally provide wharfage
(1) Fixed piping that conveys residues and mixtures from the ship and other services, including garbage handling, for ships. The
to a storage or treatment system; Act means the Act to Prevent Pollution from Ships, as amended,
(33 U.S.C. 1901-1911).
(2) Tank barges, railroad cars, tank trucks, or other mobile
facilities; The Act means the Act to Prevent Pollution from Ships (94 Stat.
2297, 33 U.S.C. 1901 et seq).
(3) Containers or other receptacles that are used as temporary
storage for garbage; or [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD
88-002, 54 FR 18407, Apr. 28, 1989; USCG-2000-7641, 66 FR
(4) Any combination of fixed and mobile facilities. Recreational 55574, Nov. 2, 2001; USCG-2008-0179, 73 FR 35015, June 19,
boating facility means a facility that is capable of providing 2008]
wharfage or other services for 10 or more recreational vessels. It
includes, but is not limited to, marinas, boatyards, and yacht clubs, 158.130 Delegations.
but does not include a place or facility containing only an Each COTP is delegated the authority to-
unattended launching ramp.
(a) Conduct inspections at ports and terminals required to have
Regulated NLS cargo includes each Category A or high viscosity reception facilities under this part;
or solidifying Category B or C NLS cargo listed in table 1 of 46
CFR Part 153 that contains a reference to 153.908(a) or (b) Issue Certificates of Adequacy;
153.908(b) in the Special Requirements column of that table and
is unloaded at the port or terminal within a typical continuous 12 (c) Grant waivers under 158.150;
month period either before or after application is made for a
Certificate of Adequacy. (d) Designate ports; and

Residues and mixtures containing NLSs (NLS residue) (e) Deny entry of ships to any port or terminal, except when a ship
means is entering under force majeure, that does not have-

(1) Any Category A, B, C, or D NLS cargo retained on the ship (1) A Certificate of Adequacy if required under 158.135; or
because it fails to meet consignee specifications;
(2) Reception facilities for garbage required under Subpart D of
(2) Any part of a Category A, B, C or D NLS cargo remaining on this part.
the ship after the NLS is discharged to the consignee, including
but not limited to puddles on the tank bottom and in sumps, [CGD 88-002, 54 FR 18408, Apr. 28, 1989]
clingage in the tanks, and substance remaining in the pipes; or
158.133 Which Ports And Terminals Must Provide Reception
(3) Any material contaminated with Category A, B, C, or D NLS Facilities?
cargo, including but not limited to bilge slops, ballast, hose drip (a) A port or terminal which receives oceangoing tankers, or any
pan contents, and tank wash water. other oceangoing ship of 400 gross tons or more, carrying oily
mixtures, must have a reception facility which meets Subpart B of
Segregated ballast has the same meaning as contained in this part.
157.03(r) of this chapter.
(b) A port or terminal which receives oceangoing ships carrying
Ship means a vessel of any type whatsoever, operating in the NLSs must have a reception facility which meets Subpart C of this
marine environment. This includes hydrofoils, air cushion vehicles, part.
submersibles, floating craft whether self-propelled or not, and
fixed or floating drilling rigs or other platforms. (c) All ports and terminals under the jurisdiction of the United
States, including commercial fishing facilities, mineral and oil
Solidifying NLS means a Category A, B, or C NLS that has a shore bases, and recreational boating facilities, must have a
melting point reception facility which meets Subpart D of this part.

486
[CGD 88-002, 54 FR 18408, Apr. 28, 1989; 66 FR 55566, Nov. 2, 158.160 Issuance And Termination Of A Certificate Of
2001] Adequacy.
(a) After reviewing an application made under 158.140(a)(1),
158.135 Which Ports And Terminals Must Have Certificates the COTP determines by inspection the following:
Of Adequacy?
To continue to receive ships, a port or terminal must hold one or (1) When the application is made on Form A, whether or not the
more Certificates of Adequacy to show compliance with- reception facility meets Subpart B of this part.

(a) Subpart B of this part if it receives oceangoing tankers, or any (2) When the application is made on Form B, whether or not the
other oceangoing ship of 400 gross tons or more, carrying oily reception facility and the port, or the reception facility and the
mixtures. terminal, meet Subpart C of this part.

(b) Subpart C of this part if it receives oceangoing ships carrying Note:If in the instruction manual required by 158.330(b) there is
NLSs. a certification by a registered professional engineer licensed by a
state or the District of Columbia that the backpressure
(c) Subpart D of this part if it receives- requirements under 158.330(a) are met, the COTP determines
whether or not to accept this finding.
(1) The ships under paragraph (a) or (b) of this section; or
(b) After the inspections under paragraph (a) are conducted, and
(2) Fishing vessels which offload more than 500,000 pounds of after consulting with the Administrator of the Environmental
commercial fishery products from all ships during a calendar year. Protection Agency (EPA) or his or her designee, the COTP.

[CGD 88-002, 54 FR 18408, Apr. 28, 1989; 66 FR 55566, Nov. 2, (1) Issues a Certificate of Adequacy to the person in charge for
2001] the port or terminal; or

158.140 Applying For A Certificate Of Adequacy. (2) Denies the application and informs the person in charge in
(a) To continue to receive ships at a port or terminal required by writing of the reasons for the denial.
158.135 to have a Certificate of Adequacy for its reception
facilities, the person in charge must apply to the Coast Guard for (c) After reviewing an application made under 158.140(a)(2), the
a certificate as follows: COTP

(1) Applicants for a Certificate of Adequacy required by (1) Issues a Certificate of Adequacy to the person in charge for
158.135(a) or (b) must apply to the COTP of the Zone in which the port or terminal; or
the port or terminal is located using Form A or Form B,
respectively. (2) Denies the application and informs the person in charge in
writing of the reasons for the denial.
(2) An applicant for a Certificate of Adequacy required by section
158.135(c) must apply on Form C to the COTP of the Zone in (d) In order to remain valid, the Certificate of Adequacy must have
which the port or terminal is located. attached to it any waivers that are granted under 158.150 when
the Certificate of Adequacy is issued.
(b) Applications for Certificates of Adequacy, Forms A, B, or C,
may be obtained from the local Coast Guard COTP. (e) Each Certificate of Adequacy remains valid for a period of five
years or until
[CGD 88-002, 54 FR 18408, Apr. 28, 1989; 61 FR 33660, June 28,
1996; 61 FR 36629, July 12, 1996] (1) Suspended;

158.150 Waivers And Alternatives. (2) Revoked; or


(a) If the person in charge believes that a requirement in this part
is unreasonable or impracticable for the port's or terminal's (3) This part no longer applies to the port or terminal.
operations, the person in charge may submit a request for a
waiver to the COTP. This application must- [CGD 88-002, 54 FR 18408, Apr. 28, 1989, as amended by CGD
96-026, 61 FR 33668, June 28, 1996; USCG-2010-0351, 75 FR
(1) Be in writing; and 36286, June 25, 2010]

(2) Include the- 158.163 Reception Facility Operations.


(a) Each person in charge and each person who is in charge of a
(2)(i) Reasons why the requirement is unreasonable or reception facility shall ensure that the reception facility does not
impracticable; operate in a manner that violates any requirement under this part.

(2)(ii) Proposed alternatives that meet MARPOL 73/78; and (b) A copy of the Certificate of Adequacy issued for the port or
terminal must be-
(2)(iii) Additional information requested by the COTP.
(1) At each port and terminal under this part; and
(b) If the COTP allows the alternative proposed under paragraph
(a)(2)(ii) of this section, the waiver- (2) Available for inspection by the COTP and the master, operator,
person who is in charge of a ship, or agent for a ship.
(1) Is in writing; and
(c) Ports and terminals required to have an Operations Manual
(2) States each alternative that applies and the requirement under under this chapter or 46 CFR Chapter 1 must have a copy of the
this part for which the alternative is substituted. Certificate of Adequacy issued for the port or terminal, including
any waivers, attached to that Operations Manual.
(c) The person in charge shall ensure that each waiver issued
under paragraph (b) of this section is attached to the Certificate of [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD
Adequacy issued for the port or terminal. 88-002, 54 FR 18409, Apr. 28, 1989]

487
158.165 Certificate Of Adequacy: Change Of Information. (b) If any petition for withdrawing a suspension order is submitted
(a) Except as required in paragraph (b) of this section, the person in response to a notification of a suspension order, the COTP
in charge shall notify the COTP in writing within 10 days after any considers the evidence or arguments and notifies the person in
information required in section 2, 3A, 3G, or 3H, of Form A or charge of any action taken including-
section 2, 5A, or 5C of Form B changes.
(1) Denial of the petition for withdrawing a suspension order;
(b) The person in charge shall notify the COTP in writing within 30
days after any information required in the following is changed: (2) Initiation of civil or criminal penalty action under Subpart 1.07
of Part 1 of this chapter; or
(1) Form A, sections 1, 3B, 3C, 3E, 3F, 3I, or 3J.
(3) Withdrawing the suspension order.
(2) Form B, sections 1, 3, 4, 5B, 5D, 5E, 5F or 5G.
158.176 Effect Of Suspension Of A Certificate Of Adequacy.
(3) Form C, sections A1, B1, B2, or D4. After the COTP notifies the person in charge and places a
suspension order in effect, the COTP denies entry of ships to the
(c) The person in charge shall maintain at the port or terminal a port or terminal while the Certificate of Adequacy is suspended.
copy of the information submitted under paragraphs (a) and (b) of
this section, until a corrected Certificate of Adequacy is received 158.178 Actions During A Suspension.
from the COTP. (a) If a Certificate of Adequacy is suspended for longer than a five
day period, the person in charge shall return it to the COTP within
[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD five days after the suspension becomes effective.
88-002, 54 FR 18409, Apr. 28, 1989; 55 FR 35988, Sept. 4, 1990]
(b) After the suspension is in effect, the COTP may-
158.167 Reporting Inadequate Reception Facilities.
Any person may report to the local Coast Guard COTP that (1) Terminate the suspension order after receiving information
reception facilities required by these regulations or MARPOL from the person in charge that corrective action has been taken;
73/78 are inadequate. Reports of inadequate reception facilities or
may be made orally, in writing or by telephone.
(2) Revoke the Certificate of Adequacy if no significant action is
[CGD 88-002, 54 FR 184-, Apr. 28, 1989] undertaken by the person in charge to meet any measures
ordered by the COTP.
Suspension, Revocation, and Appeals.
158.180 Certificate Of Adequacy: Procedures After
158.170 Grounds For Suspension. Revocation Or The Part No Longer Applies.
The COTP may suspend a Certificate of Adequacy if- (a) If a Certificate of Adequacy is revoked, the person in charge
shall return it to the COTP within five days after the revocation
(a) Deficiencies recur or significantly affect the adequacy of the becomes effective.
reception facility;
(b) When this part no longer applies to the port or terminal, the
(b) Continued operations will result in undue delay to ships calling person in charge shall return the Certificate of Adequacy to the
at the port or terminal; COTP within 30 days after this part no longer applies.

(c) There is a failure to accept NLS residue from a ship after it's (c) After the Certificate of Adequacy has been returned to the
cargo tanks are prewashed in accordance with 46 CFR 153.1120; COTP under paragraph (a) or (b) of this section, an application for
or a new Certificate of Adequacy may be submitted under 158.140.

(d) There is a substantial threat of discharge of oil or NLS into or 158.190 Appeals.
upon the navigable waters of the United States or adjoining (a) Any person directly affected by an action taken under this part
shorelines. may request reconsideration by the Coast Guard officer
responsible for that action.
158.172 Notification Of A Suspension Order.
(a) If the COTP has grounds for an immediate suspension of or is (b) Except as provided under paragraph (e) of this section, the
considering suspending a Certificate of Adequacy, the COTP person affected who is not satisfied with a ruling after having it
notifies the person in charge of the intended action. Each reconsidered under paragraph (a) of this section may
notification of a suspension order, whether oral or written,
includes- (1) Appeal that ruling in writing within 30 days after the ruling to
the Coast Guard District Commander of the district in which the
(1) The grounds for the suspension; action was taken; and

(2) The date when the suspension becomes effective; and (2) Supply supporting documentation and evidence that the
appellant wishes to have considered.
(3) Information on how the suspension may be withdrawn,
including all corrective actions required. (c) The District Commander issues a ruling after reviewing the
appeal submitted under paragraph (b) of this section. Except as
(b) If the suspension order is made orally, the COTP issues a provided under paragraph (e) of this section, the person affected
suspension order in writing within five days after the initial who is not satisfied with this ruling may
notification.
(1) Appeal that ruling in writing within 30 days after the ruling to
158.174 Suspension Of A Certificate Of Adequacy: the Commandant (CG-5P), Attn: Deputy for Operations Policy and
Procedure. Capabilities, U.S. Coast Guard Stop 7501, 2703 Martin Luther
(a) If no evidence or arguments are submitted in response to a King Jr. Avenue SE., Washington, DC 20593-7501; and
notification of a suspension order, the suspension is effective on
the date stated in the order. (2) Supply supporting documentation and evidence that the
appellant wishes to have considered.

488
(d) After reviewing the appeal submitted under paragraph (c) of (c) Ballast water containing oily mixtures in the amount of 30% of
this section, the Assistant Commandant for Marine Safety, the deadweight tonnage of the largest of the oceangoing tankers
Security and Environmental Protection issues a ruling which is loading crude oil at the port or terminal that do not have clean
final agency action. ballast tanks (CBT), segregated ballast tanks (SBT), or crude oil
washing (COW) meeting Part 157 of this subchapter, multiplied by
(e) If the delay in presenting a written appeal has an adverse one or the daily vessel average, whichever quantity is greater.
impact on the operations of the appellant, the appeal under
paragraph (b) or (c) of this section [CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD
85-010, 52 FR 7764, Mar. 12, 1987; 66 FR 55566, Nov. 2, 2001]
(1) May be presented orally; and
158.220 Ports And Terminals Loading More Than 1,000
(2) Must be submitted in writing within five days after the oral Metric Tons Of Oil Other Than Crude Oil Or Bunker Oil.
presentation The reception facility for an oil loading port or terminal that loads a
daily average of more than 1,000 metric tons (1,100 short tons) of
(i) With the basis for the appeal and a summary of the material oil other than crude oil or bunker oil to oceangoing tankers must
presented orally; and have the capacity for receiving-

(ii) To the same Coast Guard official who heard the oral (a) Oil residue from on-board fuel and lubricating oil processing in
presentation. the amount of 10 metric tons (11 short tons);

[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD (b) Bilge water containing oily mixtures in the amount of 10 metric
96-026, 61 FR 33668, June 28, 1996; CGD 97-023, 62 FR 33364, tons (11 short tons) or 2 metric tons (2.2 short tons) multiplied by
June 19, 1997; USCG-2002-12471, 67 FR 41333, June 18, 2002; the daily vessel average, whichever quantity is greater;
USCG-2010-0351, 75 FR 36286, June 25, 2010; USCG-2014-
0410, 79 FR 38439, July 7, 2014] (c) Ballast water containing oily mixtures in the amount of 30% of
the deadweight tonnage of the largest of the oceangoing tankers
Subpart B Criteria for Reception Facilities: Oily loading oil other than crude oil or bunker oil, at the port or terminal,
Mixtures that do not have CBT or SBT meeting Part 157 of this chapter,
multiplied by one or the daily vessel average, whichever quantity
Source:CGD 78-035, 50 FR 36793, Sept. 9, 1985, unless is greater; and
otherwise noted.
(d) Oil cargo residue in the amount of 0.2% of the total cargo
158.200 General. capacity of the largest of the oceangoing tankers loading oil other
(a) Except as allowed in paragraph (b) of this section, the facility than crude oil or bunker oil, at the port or terminal, multiplied by
used to meet Regulation 12 of Annex I to MARPOL 73/78 must- one or the daily vessel average, whichever quantity is greater.

(1) Be a reception facility as defined under 158.120 that is [CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD
available at the port or terminal; 85-010, 52 FR 7764, Mar. 12, 1987; 66 FR 55566, Nov. 2, 2001]

(2) Hold each Federal, State, and local permit and license 158.230 Ports And Terminals Other Than Ports And
required by environmental laws and regulations concerning oily Terminals Under 158.210, 158.220, And 158.240.
mixtures; and Reception facilities for ports and terminals other than those under
158.210, 158.220, and 158.240 of this subpart and those that
(3) Be capable of- are used exclusively by non-self-propelled tank barges, must
have the capacity for receiving-
(3)(i) Receiving oily mixtures from oceangoing ships within 24
hours after notice by that ship; (a) Oil residue from on-board fuel and lubricating oil processing in
the amount of 10 metric tons (11 short tons), or 1 metric ton (1.1
(3)(ii) Completing the reception of ballast water containing oily short tons) multiplied by the daily vessel average, whichever
mixtures from the ship in less than 10 hours after waste transfer quantity is greater; and
operations begin; and
(b) Bilge water containing oily mixtures in the amount of 10 metric
(3)(iii) Completing the reception of other oily mixtures in less than tons (11 short tons) or 2 metric tons (2.2 short tons) multiplied by
4 hours after the transfer operation begins. the daily vessel average, whichever quantity is greater.

(b) Reception facilities for ship repair yards do not have to meet [CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD
paragraphs (a)(3)(i) through (a)(3)(iii) of this section, but must be 85-010, 52 FR 7764, Mar. 12, 1987; 66 FR 55566, Nov. 2, 2001]
capable of completing transfer of oily mixtures from each
oceangoing ship before the ship departs from the ship repair yard. 158.240 Ship Repair Yards.
The reception facility that services oceangoing ships using a ship
[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD repair yard must have a capacity for receiving
85-010, 52 FR 7764, Mar. 12, 1987; 66 FR 55566, Nov. 2, 2001]
(a) An amount of ballast from bunker tanks, and the wash water
158.210 Ports And Terminals Loading Crude Oil. and oil residue from the cleaning of bunker tanks and oil residue
The reception facility for a crude oil loading port or terminal must (sludge) tanks, equal to 8 percent of the bunker capacity of the
have the capacity for receiving- largest oceangoing ship serviced;

(a) Oil residue from on-board fuel and lubricating oil processing in (b) An amount of solid oil cargo residues from cargo tanks equal
the amount of 10 metric tons (11 short tons); to 0.1 percent of the deadweight tonnage of the largest
oceangoing tanker serviced;
(b) Bilge water containing oily mixtures in the amount of 10 metric
tons (11 short tons) or 2 metric tons (2.2 short tons) multiplied by (c) An amount of ballast water containing oily mixtures and wash
the daily vessel average, whichever quantity is greater; and water from in-port tank washing equal to

489
(1) 1,500 metric tons (1,650 short tons), or; (1) 75 cubic meters (19,810 gallons) of NLS residue for each
regulated NLS cargo that is a solidifying Category A NLS; or
(2) 41/2% of the deadweight tonnage of the largest oceangoing
tanker serviced; and (2) 50 cubic meters (13,210 gallons) of NLS residue for each
regulated NLS cargo that is not a solidifying Category A.
(d) An amount of liquid oil cargo residue based on the following
percentages of deadweight tonnage of the largest oceangoing (b) The port or terminal need only meet 158.330 if it is used by
tanker serviced: ships that only transfer Category B or C NLS cargoes that are not
high viscosity or solidifying Category B or C NLSs.
(1) For crude oil oceangoing tankers, 1%.
(c) For each category of NLS cargo carried on a ship, each day a
(2) For black product oceangoing tankers, 0.5% ship repair yard is in operation and being used by a ship that must
discharge NLS residue in order to proceed with repair work, the
(3) For white product oceangoing tankers, 0.2% ship repair yard must have a reception facility that is capable of
receiving-
[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by
USCG-2000-7641, 66 FR 55574, Nov. 2, 2001] (1) 50 cubic meters (13,210 gallons) of NLS residue that contains
a-
158.250 Standard Discharge Connection.
Each reception facility that received bilge water containing oily (1)(i) Category A NLS that is not a solidifying NLS;
mixtures must have a standard discharge connection that
(1)(ii) Category B NLS; or
(a) Meets 155.430 of this subchapter; and
(1)(iii) Category C NLS; or
(b) Attaches to each hose or pipe that removes bilge water
containing oily mixtures from oceangoing ships. (1)(iv) Category D NLS; or

[CGD 78-035, 50 FR 36793, Sept. 9, 1985; 66 FR 55566, Nov. 2, (2) 75 cubic meters (19,810 gallons) of NLS residue that contains
2001] a Category A NLS that is a solidifying NLS cargo.

Subpart C Criteria for Certifying that a Ports or 158.330 Ports And Terminals: Equipment.
Terminals Facilities are Adequate for receiving Each port and terminal except ship repair yards, in order to pass
the inspection under 158.160, must-
NLS Residue
Source:CGD 85-010, 52 FR 7764, Mar. 12, 1987, unless (a) At mean low tide and with the ship's manifold 10 feet above
otherwise noted. the surface of the water, be capable of receiving Category B or C
NLS cargo during the stripping operations at an average flow rate
158.300 Purpose. of 6 cubic meters (1584 gallons) per hour without the
The purpose of this subpart is to supply the criteria needed for backpressure at the ship's manifold exceeding 101.6 kPa (14.7
ports and terminals under 158.110 used by oceangoing ships pounds per square inch gauge) pressure; and
carrying NLS cargo or NLS residue to meet Regulation 7 of Annex
II to MARPOL 73/78. (b) Have an instruction manual that lists the equipment and
procedures for meeting paragraph (a) of this section. The
158.310 Reception Facilities: General. instruction manual may be made part of the operations manual
(a) Except as allowed in paragraph (b) of this section, each that is required under 154.300 of this chapter.
reception facility, in order to pass the inspection under 158.160,
must- Subpart D Criteria for Adequacy of Reception
Facilities: Garbage
(1) Be a reception facility as defined under 158.120;
Source:CGD 88-002, 54 FR 18409, Apr. 28, 1989, unless
(2) Be available at the port or terminal; otherwise noted.

(3) Meet the requirements of 158.320; 158.400 Purpose.The purpose of this subpart is to supply the
criteria for determining the adequacy of reception facilities for
(4) Hold each Federal, State, and local permit and license garbage at ports and terminals that receive ships and to comply
required by environmental laws and regulations concerning NLS with the Act and Regulation 7 of Annex V to MARPOL 73/78.
residue;
158.410 Reception Facilities: General.
(5) Be capable of receiving NLS residue from an oceangoing ship (a) Except as allowed in paragraph (b) of this section, the person
within 24 hours after notice by that ship of the need for reception in charge of a port or terminal shall ensure that each port or
facilities; and terminal's reception facility.-

(6) Be capable of completing the transfer of NLS residue within 10 (1) Is capable after August 28, 1989 of receiving APHIS regulated
hours after the transfer of NLS residue begins. garbage at a port or terminal no later than 24 hours after notice
under 151.65 of this chapter is given to the port or terminal,
(b) A reception facility for a ship repair yard does not have to meet unless it only receives ships that-
the requirements of paragraphs (a)(5) and (a)(6) of this section if
it is capable of completing transfer of NLS residue from an (1)(i) Operate exclusively within the navigable waters of the
oceangoing ship before the ship departs from the yard. United States;

158.320 Reception Facilities: Capacity, And Exceptions. (1)(ii) Operate exclusively between ports or terminals in the
(a) Except as allowed in paragraph (b) of this section, each day continental United States; or
the port or terminal is in operation, the port or terminal must have
a reception facility that is capable of receiving- (1)(iii) Operate exclusively between continental United States

490
ports or terminals and Canadian ports or terminals. operate only between the continental United States and Canadian
ports, to be incinerated or sterilized in accordance with their
(2) Is capable of receiving medical wastes or hazardous wastes regulations in 7 CFR 330.400 and 9 CFR 94.5.
defined in 40 CFR 261.3, unless the port or terminal operator can
provide to the master, operator, or person in charge of a ship, a 158.420 Reception Facilities: Capacity And Exceptions.
list of persons authorized by federal, state, or local law or Each day a port or terminal is in operation, the person in charge
regulation to transport and treat such wastes; of a port or terminal must provide, or ensure the availability of, a
reception facility that is capable of receiving all garbage that the
(3) Is arranged so that it does not interfere with port or terminal master or person who is in charge of a ship desires to discharge,
operations; except-

(4) Is conveniently located so that mariners unfamiliar with the (a) Large quantities of spoiled or damaged cargoes not usually
port or terminal can find it easily and so that it's use will not be discharged by a ship; or
discouraged;
(b) Garbage from ships not having commercial transactions with
(5) Is situated so that garbage from ships which has been placed that port or terminal.
in it cannot readily enter the water; and
Subpart E Port and Terminal Operations
(6) Holds each federal, state, and local permit or license required
by environmental and public health laws and regulations Source: CGD 85-010, 52 FR 7765, Mar. 12, 1987, unless
concerning garbage handling. otherwise noted. Redesignated by CGD 88-002, 54 FR 18409,
Apr. 28, 1989
(b) A reception facility for a ship repair yard does not have to meet
the requirements of paragraph (a)(1) of this section if it is capable 158.500 Draining Cargo Area And Piping Systems.
of handling the transfer of garbage from a ship before the ship The person in charge shall ensure that each cargo hose and each
departs from the yard. piping system containing NLS received from each oceangoing
ship carrying NLS cargo is not drained back into the ship.
NOTE: The U.S. Department of Agriculture's Animal and Plant
Health Inspection Service (APHIS) requires victual wastes or 158.520 Following The Instruction Manual.
garbage contaminated by victual wastes, except from vessels that The person in charge shall ensure that the instruction manual
under 158.330(b) is followed during the transfer of any NLS.

491
Part 159-Marine Sanitation Devices
Table of Contents Existing vessel includes any vessel, the construction of which
was initiated before January 30, 1975.
Subpart AGeneral Fecal coliform bacteria are those organisms associated with the
Sec. intestine of warm-blooded animals that are commonly used to
159.1 Purpose. indicate the presence of fecal material and the potential presence
159.3 Definitions. of organisms capable of causing human disease.
159.4 Incorporation By Reference.
159.5 Requirements For Vessel Manufacturers. Inspected vessel means any vessel that is required to be
159.7 Requirements For Vessel Operators. inspected under 46 CFR Ch. I.

Subpart C-Design, Construction, And Testing Length means a straight line measurement of the overall length
from the foremost part of the vessel to the aftermost part of the
159.55 Identification. vessel, measured parallel to the centerline. Bow sprits, bumpkins,
159.59 Placard. rudders, outboard motor brackets, and similar fittings or
attachments are not to be included in the measurement.
Subpart D-Recognition Of Facilities
Manufacturer means any person engaged in manufacturing,
159.201 Recognition Of Facilities. assembling, or importing of marine sanitation devices or of
vessels subject to the standards and regulations promulgated
Subpart E-Discharge Of Effluents In Certain under section 312 of the Federal Water Pollution Control Act.
Alaskan Waters By Cruise Vessel Operations
Marine sanitation device and device includes any equipment for
159.301 Purpose. installation on board a vessel which is designed to receive, retain,
159.303 Applicability. treat, or discharge sewage, and any process to treat such sewage.
159.305 Definitions.
159.307 Untreated Sewage. New vessel includes any vessel, the construction of which is
159.309 Limitations On Discharge Of Treated Sewage Or initiated on or after January 30, 1975.
Graywater.
159.311 Safety Exception. Person means an individual, partnership, firm, corporation, or
159.313 Inspection For Compliance And Enforcement. association, but does not include an individual on board a public
159.315 Sewage And Graywater Discharge Record Book. vessel.
159.317 Sampling And Reporting.
159.319 Fecal Coliform And Total Suspended Solids Standards. Public vessel means a vessel owned or bare-boat chartered and
159.321 Enforcement. operated by the United States, by a State or political subdivision
thereof, or by a foreign nation, except when such vessel is
Authority:33 U.S.C. 1322(b)(1); 49 CFR 1.45(b). Subpart E also engaged in commerce.
issued under authority of sec. 1(a)(4), Pub. L. 106-554, 114 Stat.
2763; Department of Homeland Security Delegation No. 0170.1. Recognized facility means any laboratory or facility listed by the
Coast Guard as a recognized facility under this part.
Source:CGD 73-83, 40 FR 4624, Jan. 30, 1975, unless otherwise
noted. Sewage means human body wastes and the wastes from toilets
and other receptacles intended to receive or retain body waste.
Editorial Note:Nomenclature changes to part 159 appear by
USCG-2008-0179, 73 FR 35015, June 19, 2008. Territorial seas means the belt of the seas measured from the
line of ordinary low water along that portion of the coast which is
in direct contact with the open sea and the line marking the
Subpart AGeneral seaward limit of inland waters, and extending seaward a distance
of 3 miles.
159.1 Purpose.
This part prescribes regulations governing the design and Type I marine sanitation device means a device that, under the
construction of marine sanitation devices and procedures for test conditions described in 159.123 and 159.125, produces an
certifying that marine sanitation devices meet the regulations and effluent having a fecal coliform bacteria count not greater than
the standards of the Environmental Protection Agency 1,000 per 100 milliliters and no visible floating solids.
promulgated under section 312 of the Federal Water Pollution
Control Act (33 U.S.C. 1322), to eliminate the discharge of Type II marine sanitation device means a device that, under the
untreated sewage from vessels into the waters of the United test conditions described in 159.126 and 159.126a, produces
States, including the territorial seas. Subpart A of this part an effluent having a fecal coliform bacteria count not greater than
contains regulations governing the manufacture and operation of 200 per 100 milliliters and suspended solids not greater than 150
vessels equipped with marine sanitation devices. milligrams per liter.

159.3 Definitions. Type III marine sanitation device means a device that is
In this part: designed to prevent the overboard discharge of treated or
untreated sewage or any waste derived from sewage.
Coast Guard means the Commandant or his authorized
representative. Uninspected vessel means any vessel that is not required to be
inspected under 46 CFR Chapter I.
Discharge includes, but is not limited to, any spilling, leaking,
pouring, pumping, emitting, emptying, or dumping. United States includes the States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,

492
American Samoa, the Canal Zone, and the Trust Territory of the Acceptable methods of securing the device include-
Pacific Islands.
(1) Closing the seacock and removing the handle;
Vessel includes every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of (2) Padlocking the seacock in the closed position;
transportation on the waters of the United States.
(3) Using a non-releasable wire-tie to hold the seacock in the
[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD closed position; or
75-213, 41 FR 15325, Apr. 12, 1976; 61 FR 33660, June 28, 1996;
62 FR 51188, Sept. 30, 1997] (4) Locking the door to the space enclosing the toilets with a
padlock or door handle key lock.
159.4 Incorporation By Reference.
(a) Certain material is incorporated by reference into this part with (c) When operating a vessel on a body of water where the
the approval of the Director of the Federal Register under 5 U.S.C. discharge of untreated sewage is prohibited by the Environmental
552(a) and 1 CFR part 51. To enforce any edition other than that Protection Agency under 40 CFR 140.3, the operator must secure
specified in paragraph (b) of this section, the Coast Guard must each Type III device in a manner which prevents discharge of
publish notice of change in the Federal Register; and the material sewage. Acceptable methods of securing the device include-
must be available to the public. All approved material is available
for inspection at the the Marine Safety Center. Contact (1) Closing each valve leading to an overboard discharge and
Commanding Officer (MSC), Attn: Marine Safety Center, U.S. removing the handle;
Coast Guard Stop 7410, 4200 Wilson Boulevard, Suite 400,
Arlington, VA 20598-7410. You may also contact, and at the (2) Padlocking each valve leading to an overboard discharge in
National Archives and Records Administration (NARA). For the closed position; or
information on the availability of this material at NARA, call 202-
741-6030, or go to: (3) Using a non-releasable wire-tie to hold each valve leading to
http://www.archives.gov/federal_register/code_of_federal_regulati an overboard discharge in the closed position.
ons/ibr_locations.html. All approved material is available from the
sources indicated in paragraph (b) of this section. [CGD 75-213, 41 FR 15325, Apr. 12, 1976, as amended by CGD
76-145, 42 FR 11, Jan. 3, 1977; 62 FR 51188, Sept. 30, 1997]
(b) The material approved for incorporation by reference in this
part, and the sections affected, are as follows: Subpart C-Design, Construction, And Testing
American Society for Testing and Materials (ASTM) 159.55 Identification.
(a) Each production device must be legibly marked in accordance
100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. with paragraph (b) of this section with the following information:

ASTM E 11-95, Standard Specification for Wire Cloth and Sieves (1) The name of the manufacturer.
for Testing Purposes159.125
(2) The name and model number of the device.
[USCG-1999-5151, 64 FR 67176, Dec. 1, 1999, as amended by
USCG-2001-9286, 66 FR 33641, June 25, 2001; 69 FR 18803, (3) The month and year of completion of manufacture.
Apr. 9, 2004; USCG-2010-0351, 75 FR 36286, June 25, 2010]
(4) Serial number.
159.5 Requirements For Vessel Manufacturers.
No manufacturer may manufacture for sale, sell, offer for sale, or (5) Whether the device is certified for use on an inspected or an
distribute for sale or resale any vessel equipped with installed uninspected vessel.
toilet facilities unless it is equipped with:
(6) Whether the device is Type I, II, or III.
(a) An operable Type II or III device that has a label on it under
159.16 or that is certified under 159.12 or 159.12a; or (b) The information required by paragraph (a) of this section must
appear on a nameplate attached to the device or in lettering on
(b) An operable Type I device that has a label on it under 159.16 the device. The nameplate or lettering stamped on the device
or that is certified under 159.12, if the vessel is 19.7 meters (65 must be capable of withstanding without loss of legibility the
feet) or less in length. combined effects of normal wear and tear and exposure to water,
salt spray, direct sunlight, heat, cold, and any substance listed in
[CGD 75-213, 41 FR 15326, Apr. 12, 1976, as amended by CGD 159.117(b) and (c). The nameplate and lettering must be
76-145, 42 FR 11, Jan. 3, 1977; 62 FR 51188, Sept. 30, 1997] designed to resist efforts to remove them from the device or
efforts to alter the information stamped on the nameplate or the
159.7 Requirements For Vessel Operators. device without leaving some obvious evidence of the attempted
(a) No person may operate any vessel equipped with installed removal or alteration.
toilet facilities unless it is equipped with:
[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD
(1) An operable Type II or III device that has a label on it under 75-213, 41 FR 15325, Apr. 12, 1976]
159.16 or that is certified under 159.12 or 159.12a; or
159.59 Placard.
(2) An operable Type I device that has a label on it under 159.16 Each device must have a placard suitable for posting on which is
or that is certified under 159.12, if the vessel is 19.7 meters (65 printed the operating instructions, safety precautions, and
feet) or less in length. warnings pertinent to the device. The size of the letters printed on
the placard must be one-eighth of an inch or larger.
(b) When operating a vessel on a body of water where the
discharge of treated or untreated sewage is prohibited by the Subpart D-Recognition Of Facilities
Environmental Protection Agency under 40 CFR 140.3 or 140.4,
159.201 Recognition Of Facilities.
the operator must secure each Type I or Type II device in a
A recognized facility is an independent laboratory accepted by the
manner which prevents discharge of treated or untreated sewage.

493
Coast Guard under 46 CFR 159.010 to perform the tests and CFR 401.15.
inspections required under this part. A list of accepted
laboratories is available from the Commandant (CG-5213). Sewagemeans human body wastes and the wastes from toilets
and other receptacles intended to receive or retain body waste.
[CGD 95-028, 62 FR 51194, Sept. 30, 1997, as amended by
USCG-1999-5832, 64 FR 34715, June 29, 1999; USCG-2008- Treated Sewagemeans sewage meeting all applicable effluent
0179, 73 FR 35016, June 19, 2008] limitation standards and processing requirements of the Federal
Water Pollution Control Act, as amended and of Title XIV of
Subpart E-Discharge Of Effluents In Certain Public Law 106-554 Certain Alaskan Cruise Ship Operations,
Alaskan Waters By Cruise Vessel Operations and regulations promulgated under either.

Source:66 FR 38930, July 26, 2001, unless otherwise noted. Untreated Sewagemeans sewage that is not treated sewage.

159.301 Purpose. Waters Of The Alexander Archipelagomeans all waters


The purpose of this subpart is to implement Title XIVCertain under the sovereignty of the United States within or near
Alaskan Cruise Ship Operations contained in section 1(a)(4) of Southeast Alaska as follows:
Pub. L. 106-554, enacted on December 21, 2000, by prescribing
regulations governing the discharges of sewage and graywater (1) Beginning at a point 58 11-44 N, 136 39-25 W [near Cape
from cruise vessels, require sampling and testing of sewage and Spencer Light], thence southeasterly along a line three nautical
graywater discharges, and establish reporting and record keeping miles seaward of the baseline from which the breadth of the
requirements. territorial sea is measured in the Pacific Ocean and the Dixon
Entrance, except where this line intersects geodesics connecting
159.303 Applicability. the following five pairs of points:
This subpart applies to each cruise vessel authorized to carry 500
or more passengers operating in the waters of the Alexander 58 05-17 N, 136 33-49 W and 58 11-41 N, 136 39-25 W
Archipelago and the navigable waters of the United States within [Cross Sound]
the State of Alaska and within the Kachemak Bay National
Estuarine Research Reserve. 56 09-40 N, 134 40-00 W and 55 49-15 N, 134 17-40 W
[Chatham Strait]
159.305 Definitions.
In this subpart: 55 49-15 N, 134 17-40 W and 55 50-30 N, 133 54-15 W
[Sumner Strait]
Administratormeans the Administrator of the United States
Environmental Protection Agency. 54 41-30 N, 132 01-00 W and 54 51-30 N, 131 20-45 W
[Clarence Strait]
Applicable Waters of Alaskameans the waters of the
Alexander Archipelago and the navigable waters of the United 54 51-30 N, 131 20-45 W and 54 46-15 N, 130 52-00 W
States within the State of Alaska and within the Kachemak Bay [Revillagigedo Channel]
National Estuarine Research Reserve.
(2) The portion of each such geodesic in paragraph (1) of this
Captain of the Portmeans the Captain of the Port as defined in definition situated beyond 3 nautical miles from the baseline from
Subpart 3.85 of this chapter. which the breadth of the territorial seas is measured from the
outer limit of the waters of the Alexander Archipelago in those five
Conventional Pollutantsmeans the list of pollutants listed in locations.
40 CFR 401.16.
159.307 Untreated Sewage.
Cruise Vesselmeans a passenger vessel as defined in section No person shall discharge any untreated sewage from a cruise
2101(22) of Title 46, United States Code. The term does not vessel into the applicable waters of Alaska.
include a vessel of the United States operated by the federal
government or a vessel owned and operated by the government 159.309 Limitations On Discharge Of Treated Sewage Or
of a State. Graywater.
(a) No person shall discharge treated sewage or graywater from a
Dischargemeans a release, however caused, from a cruise cruise vessel into the applicable waters of Alaska unless:
vessel, and includes, any escape, disposal, spilling, leaking,
pumping, emitting or emptying. (1) The cruise vessel is underway and proceeding at a speed of
not less than six knots;
Environmental Compliance Recordsincludes the Sewage
and Graywater Discharge Record Book, all discharge reports, all (2) The cruise vessel is not less than one nautical mile from the
discharge sampling test results, as well as any other records that nearest shore, except in areas designated by the Coast Guard in
must be kept under this subpart. consultation with the State of Alaska;

Graywatermeans only galley, dishwasher, bath, and laundry (3) The discharge complies with all applicable cruise vessel
waste water. The term does not include other wastes or waste effluent standards established pursuant to Pub. L. 106-554 and
streams. any other applicable law, and

Navigable Watershas the same meaning as in section 502 of (4) The cruise vessel is not in an area where the discharge of
the Federal Water Pollution Control Act, as amended. treated sewage or graywater is prohibited.

Personmeans an individual, corporation, partnership, limited (b) Until such time as the Administrator promulgates regulations
liability company, association, state, municipality, commission or addressing effluent quality standards for cruise vessels operating
political subdivision of a state, or any federally recognized Indian in the applicable waters of Alaska, treated sewage and graywater
tribal government. may be discharged from vessels in circumstances otherwise
prohibited under paragraph (a)(1) and (2) of this section provided
Priority Pollutantmeans the list of toxic pollutants listed in 40 that:

494
(1) Notification to the Captain of the Port (COTP) is made not less (3) Sewage and graywater mixture.
than 30 days prior to the planned discharge, and such notice
includes results of tests showing compliance with this section; (c) Each entry in the Sewage and Graywater Discharge Record
Book shall, at a minimum, contain the following information:
(2) The discharge satisfies the minimum level of effluent quality
specified in 40 CFR 133.102; (1) Name and location of each discharge port within the ship;

(3) The geometric mean of the samples from the discharge during (2) Date the start of discharge occurred;
any 30-day period does not exceed 20 fecal coliform/100 milliliters
(ml) and not more than 10 percent of the samples exceed 40 fecal (3) Whether the effluent is treated or untreated sewage, graywater,
coliform/100 ml; or a sewage and graywater mixture and type of treatment used;

(4) Concentrations of total residual chlorine do not exceed 10.0 (4) Time discharge port is opened;
micrograms per liter (gm/l);
(5) Vessel's latitude and longitude at the time the discharge port is
(5) Prior to any such discharge occurring, the owner, operator or opened;
master, or other person in charge of a cruise vessel, can
demonstrate to the COTP that test results from at least five (6) Volume discharged in cubic meters;
samples taken from the vessel representative of the effluent to be
discharged, on different days over a 30-day period, conducted in (7) Flow rate of discharge in liters per minute;
accordance with the guidelines promulgated by the Administrator
in 40 CFR part 136, which confirm that the water quality of the (8) Time discharge port is secured;
effluents proposed for discharge is in compliance with paragraphs
(b)(2), (3) and (4) of this section; and (9) Vessel's latitude and longitude at the time the discharge port is
secured; and
(6) To the extent not otherwise being done by the owner, operator,
master or other person in charge of a cruise vessel, pursuant to (10) Vessel's minimum speed during discharge.
159.317 of this subpart, the owner, operator, master or other
person in charge of a cruise vessel shall demonstrate continued (d) In the event of an emergency, accidental or other exceptional
compliance through sampling and testing for conventional discharge of sewage or graywater, a statement shall be made in
pollutants and residual chlorine of all treated sewage and the Sewage and Graywater Discharge Record Book of the
graywater effluents periodically as determined by the COTP. circumstances and reasons for the discharge and an immediate
notification of the discharge shall be made to the COTP.
[66 FR 38930, July 26, 2001, as amended at USCG-2005-21531,
70 FR 36350, June 23, 2005] (e) Each entry of a discharge shall be recorded without delay and
signed and dated by the person or persons in charge of the
159.311 Safety Exception. discharge concerned and each completed page shall be signed
The regulations in this subpart shall not apply to discharges made and dated by the master or other person having charge of the
for the purpose of securing the safety of the cruise vessel or ship.
saving life at sea, provided that all reasonable precautions have
been taken for the purpose of preventing or minimizing the (f) The Sewage and Graywater Discharge Record Book shall be
discharge. kept in such a place as to be readily available for inspection at all
reasonable times and shall be kept on board the ship.
159.313 Inspection For Compliance And Enforcement.
(a) Cruise vessels operating within the applicable waters of (g) The master or other person having charge of a ship required
Alaska are subject to inspection by the Coast Guard to ensure to keep a Sewage and Graywater Discharge Record Book shall
compliance with this subpart. be responsible for the maintenance of such record.

(b) An inspection under this section shall include an examination (h) The Sewage and Graywater Discharge Record Book shall be
of the Sewage and Graywater Discharge Record Book required maintained on board for not less than three years.
under 159.315 of this subpart, environmental compliance
records, and a general examination of the vessel. A copy of any 159.317 Sampling And Reporting.
entry in the Sewage and Graywater Discharge Record Book may (a) The owner, operator, master or other person in charge of a
be made and the Master of the vessel may be required to certify cruise vessel that discharges treated sewage and/or graywater in
that the copy is a true copy of the original entry. the applicable waters of Alaska shall;

(c) A vessel not in compliance with this subpart may be subject to (1) Not less than 90 days prior to each vessel's initial entry into
the penalties set out in 159.321, denied entry into the applicable the applicable waters of Alaska during any calendar year, provide
waters of Alaska, detained, or restricted in its operations by order to the COTP certification of participation under a Quality
of the COTP. Assurance/Quality Control Plan (QA/QCP) accepted by the COTP
for sampling and analysis of treated sewage and/or graywater for
159.315 Sewage And Graywater Discharge Record Book. the current operating season;
(a) While operating in the applicable waters of Alaska each cruise
vessel shall maintain, in English, a legible Sewage and Graywater (2) Not less than 30 days nor more than 120 days prior to each
Discharge Record Book with the vessel's name and official vessel's initial entry into the applicable waters of Alaska during
number listed on the front cover and at the top of each page. any calendar year, provide a certification to the COTP that the
vessel's treated sewage and graywater effluents meet the
(b) Entries shall be made in the Sewage and Graywater minimum standards established by the Administrator, or in the
Discharge Record Book whenever any of the following is released absence of such standards, meet the minimum established in
into the applicable waters of Alaska: 159.319 of this subpart;

(1) Treated or untreated sewage; (3) Within 30 days of each vessel's initial entry into the applicable
waters of Alaska during any calendar year, provide to the COTP a
(2) Graywater; or Vessel Specific Sampling Plan (VSSP) for review and acceptance,

495
and undergo sampling and testing for conventional pollutants of (e) Samples collected for analysis under this subpart shall be held
all treated sewage and graywater effluents as directed by the by the laboratory contracted to do the analysis for not less than
COTP; six months, or as directed by the COTP.

(4) While operating in the applicable waters of Alaska be subject (f) Reports required under this section may be written or
to unannounced sampling of treated sewage and graywater electronic. If electronic, the reports must be in a format readable
discharge effluents, or combined treated sewage/graywater by Coast Guard and Alaska Department of Environmental
discharge effluents for the purpose of testing for a limited suite, as Conservation data systems.
determined by the Coast Guard, of priority pollutants;
159.319 Fecal Coliform And Total Suspended Solids
(5) While operating in the applicable waters of Alaska be subject Standards.
to additional random sampling events, in addition to all other (a) Treated sewage effluent discharges. Until such time as the
required sampling, of some or all treated sewage and graywater Administrator promulgates effluent discharge standards for
discharge effluents for conventional and/or priority pollutant treated sewage, treated sewage effluent discharges in the
testing as directed by the COTP; applicable waters of Alaska shall not have a fecal coliform
bacterial count of greater than 200 per 100 ml nor total
(6) Ensure all samples, as required by this section, are collected suspended solids greater than 150 mg/l.
and tested by a laboratory accepted by the Coast Guard for the
testing of conventional and priority pollutants, as defined by this (b) Graywater effluent discharges. [Reserved]
subpart, and in accordance with the cruise vessel's Coast Guard
accepted QA/QCP and VSSP; 159.321 Enforcement.
(a) Administrative Penalties
(7) Pay all costs associated with development of an acceptable
QA/QCP and VSSP, sampling and testing of effluents, reporting (1) Violations. Any person who violates this subpart may be
of results, and any additional environmental record keeping as assessed a class I or class II civil penalty by the Secretary or his
required by this subpart, not to include cost of federal regulatory delegatee.
oversight.
(2) Classes of penalties.
(b) A QA/QCP must, at a minimum include:
(i) Class I. The amount of a class I civil penalty under this section
(1) Sampling techniques and equipment, sampling preservation may not exceed $10,000 per violation, except that the maximum
methods and holding times, and transportation protocols, amount of any class I civil penalty under this section shall not
including chain of custody; exceed $25,000. Before assessing a civil penalty under this
subparagraph, the Secretary or his delegatee shall give to the
(2) Laboratory analytical information including methods used, person to be assessed such penalty written notice of the
calibration, detection limits, and the laboratory's internal QA/QC Secretary's proposal to assess the penalty and the opportunity to
procedures; request, within 30 days of the date the notice is received by such
person, a hearing on the proposed penalty. Such hearing shall not
(3) Quality assurance audits used to determine the effectiveness be subject to 5 U.S.C. 554 or 556, but shall provide a reasonable
of the QA program; and opportunity to be heard and to present evidence.

(4) Procedures and deliverables for data validation used to (ii) Class II. The amount of a class II civil penalty under this
assess data precision and accuracy, the representative nature of section may not exceed $10,000 per day for each day during
the samples drawn, comparability, and completeness of measure which the violation continues, except that the maximum amount of
parameters. any class II civil penalty under this section shall not exceed
$125,000. Except as otherwise provided in paragraph (a) of this
(c) A VSSP is a working document used during the sampling section, a class II civil penalty shall be assessed and collected in
events required under this section and must, at a minimum, the same manner, and subject to the same provisions as in the
include: case of civil penalties assessed and collected after notice and an
opportunity for hearing on the record in accordance with 5 U.S.C.
(1) Vessel name; 554. Proceedings to assess a class II administrative civil penalty
under this section will be governed by 33 CFR Part 20.
(2) Passenger and crew capacity of the vessel;
(3) Rights of interested persons.
(3) Daily water use of the vessel;
(i) Public notice. Before issuing an order assessing a class II civil
(4) Holding tank capacities for treated sewage and graywater; penalty under this paragraph, the Secretary shall provide public
notice of and reasonable opportunity to comment on the proposed
(5) Vessel schematic of discharge ports and corresponding issuance of each order.
sampling ports;
(ii) Presentation of evidence. Any person who comments on a
(6) Description of discharges; and proposed assessment of a class II civil penalty under this section
shall be given notice of any hearing held under paragraph (a) of
(7) A table documenting the type of discharge, type of sample this section, and of the order assessing such penalty. In any
drawn (grab or composite), parameters to test for (conventional or hearing held under paragraph (a)(3) of this section, such person
priority pollutants), vessel location when sample drawn, date and shall have a reasonable opportunity to be heard and present
time of the sampling event. evidence.

(d) Test results for conventional pollutants shall be submitted (iii) Rights of interested persons to a hearing. If no hearing is held
within 15 calendar days of the date the sample was collected, and under paragraph (a)(2) of this section before issuance of an order
for priority pollutants within 30 calendar days of the date the assessing a class II civil penalty under this section, any person
sample was collected, to the COTP directly by the laboratory who commented on the proposed assessment may petition, within
conducting the testing and in accordance with the Coast Guard 30 days after the issuance of such an order, the Secretary or his
accepted QA/QCP. delegatee to set aside such order and provide a hearing on the

496
penalty. If the evidence presented by the petitioner in support of false statement, representation, or certification in any record,
the petition is material and was not considered in the issuance of report or other document filed or required to be maintained under
the order, the Secretary, or his delegatee, shall immediately set this subpart, or who falsifies, tampers with, or knowingly renders
aside such order and provide a hearing in accordance with inaccurate any testing or monitoring device or method required to
paragraph (a)(2)(ii) of this section. If the Secretary or his be maintained under this subpart commits a Class D felony.
delegatee denies a hearing under this clause, the Secretary or his
delegatee shall provide to the petitioner and publish in the Federal (e) Awards.
Register notice of and the reasons for such denial.
(1) The Secretary or his delegatee or the court, when assessing
(b) Civil judicial penalties any fines or civil penalties, as the case may be, may pay from any
fines or civil penalties collected under this section an amount not
(1) Generally. Any person who violates this subpart shall be to exceed one-half of the penalty or fine collected to any individual
subject to a civil penalty not to exceed $25,000 per day for each who furnished information which leads to the payment of the
violation. Each day a violation continues constitutes a separate penalty or fine. If several individuals provide such information, the
violation. amount shall be divided equitably among such individuals. No
officer or employee of the United States, the State of Alaska or
(2) Limitation. A person is not liable for a civil judicial penalty any Federally recognized Tribe who furnishes information or
under this paragraph for a violation if the person has been renders service in the performance of his or her official duties
assessed a civil administrative penalty under paragraph (a) of this shall be eligible for payment under this paragraph.
section for the violation.
(2) The Secretary, his delegatee, or a court, when assessing any
(c) Determination of amount. In determining the amount of a civil fines or civil penalties, as the case may be, may pay, from any
penalty under paragraphs (a) or (b) of this section, the court or the fines or civil penalties collected under this section, to the State of
Secretary or his delegatee shall consider the seriousness of the Alaska or any Federally recognized Tribe providing information or
violation, any history of such violations, any good-faith efforts to investigative assistance which leads to payment of the penalty or
comply with applicable requirements, the economic impact of the fine, an amount which reflects the level of information or
penalty on the violator, and other such matters as justice may investigative assistance provided. Should the State of Alaska or a
require. Federally recognized Tribe and an individual under paragraph
(e)(1) of this section be eligible for an award, the Secretary, his
(d) Criminal penalties delegatee, or the court, as the case may be, shall divide the
amount equitably.
(1) Negligent violations. Any person who negligently violates
this subpart commits a Class A misdemeanor. (f) Liability in rem. A cruise vessel operated in violation of this
subpart is liable in rem for any fine imposed under paragraph (c)
(2) Knowing violations. Any person who knowingly violates this of this section or for any civil penalty imposed under paragraphs
subpart commits a Class D felony. (a) or (b) of this section, and may be proceeded against in the
United States district court of any district in which the cruise
(3) False statements. Any person who knowingly makes any vessel may be found.

497
Part 160-Ports And Waterways SafetyGeneral
Table of Contents Deviation means any departure from any rule in this subchapter.

Director, Vessel Traffic Services means the Coast Guard officer


Subpart AGeneral designated by the Commandant to command a Vessel Traffic
Sec. Service (VTS) as described in part 161 of this chapter.
160.1 Purpose.
160.3 Definitions. District Commander means the Coast Guard officer designated
160.5 Delegations. by the Commandant to command a Coast Guard District as
160.7 Appeals. described in part 3 of this chapter.

Subpart B- Control Of Vessel And Facility ETA means estimated time of arrival.
Operations Length of Tow means, when towing with a hawser, the length in
160.101 Purpose. feet from the stern of the towing vessel to the stern of the last
160.103 Applicability. vessel in tow. When pushing ahead or towing alongside, length of
160.105 Compliance With Orders. tow means the tandem length in feet of the vessels in tow
160.107 Denial Of Entry. excluding the length of the towing vessel.
160.109 Waterfront Facility Safety.
160.111 Special Orders Applying To Vessel Operations. Person means an individual, firm, corporation, association,
160.113 Prohibition Of Vessel Operation And Cargo Transfers. partnership, or governmental entity.
160.115 Withholding Of Clearance.
State means each of the several States of the United States, the
Subpart C-Notifications Of Arrival, Hazardous District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Trust
Conditions, And Certain Dangerous Cargoes Territories of the Pacific Islands, the Commonwealth of the
160.201 General. Northern Marianas Islands, and any other commonwealth,
160.202 Definitions. territory, or possession of the United States.
160.203 Applicability.
160.204 Exemptions. Tanker means a self-propelled tank vessel constructed or
160.206 Information Required In An NOA. adapted primarily to carry oil or hazardous materials in bulk in the
160.208 Changes To A Submitted NOA. cargo spaces.
160.210 Methods For Submitting An NOA.
160.212 When To Submit An NOA. Tank Vessel means a vessel that is constructed or adapted to
160.214 Waivers. carry, or that carries, oil or hazardous material in bulk as cargo or
160.215 Notice Of Hazardous Conditions. cargo residue.

Subpart D Crewmember Identification Vehicle means every type of conveyance capable of being used
as a means of transportation on land.
160.300 Applicability.
160.305 Exceptions. Vessel means every description of watercraft or other artificial
160.310 Definitions. contrivance used, or capable of being used, as a means of
160.315 Crewmember identification requirement. transportation on water.
160.320 Sanctions and vessel control.
Vessel Traffic Services (VTS) means a service implemented
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 under part 161 of this chapter by the United States Coast Guard
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6 and 160.5; designed to improve the safety and efficiency of vessel traffic and
Department of Homeland Security Delegation No. 0170.1. to protect the environment. The VTS has the capability to interact
with marine traffic and respond to traffic situations developing in
Source: CGD 79-026, 48 FR 35404, Aug. 4, 1983, unless the VTS area.
otherwise noted.
Vessel Traffic Service Area or VTS Area means the
geographical area encompassing a specific VTS area of service
Subpart AGeneral as described in part 161 of this chapter. This area of service may
be subdivided into sectors for the purpose of allocating
160.1 Purpose. responsibility to individual Vessel Traffic Centers or to identify
(a) This subchapter contains regulations implementing the Ports different operating requirements.
and Waterways Safety Act (33 U.S.C. 1221) and related statutes.
Note:Although regulatory jurisdiction is limited to the navigable
160.3 Definitions. waters of the United States, certain vessels will be encouraged or
For the purposes of this subchapter: may be required, as a condition of port entry, to report beyond this
area to facilitate traffic management within the VTS area.
Bulk means material in any quantity that is shipped, stored, or
handled without the benefit of package, label, mark or count and VTS Special Area means a waterway within a VTS area in which
carried in integral or fixed independent tanks. special operating requirements apply.

Captain of the Port means the Coast Guard officer designated [CGD 90-020, 59 FR 36323, July 15, 1994, as amended at
by the Commandant to command a Captain of the Port Zone as USCG-2010-0351, 75 FR 36286, June 25, 2010]
described in part 3 of this chapter.
160.5 Delegations.
Commandant means the Commandant of the United States (a) District Commanders and Captains of the Ports are delegated
Coast Guard. the authority to establish safety zones.

498
(b) Under the provisions of 6.04-1 and 6.04-6 of this chapter, issuing the ruling, the Area Commander may, as a matter of
District Commanders and Captains of the Ports have been discretion, allow oral presentation on the issues.
delegated authority to establish security zones.
(d) Any person who receives an unfavorable ruling on an appeal
(c) Under the provisions of 1.05-1 of this chapter, District taken under paragraph (c) of this section, may appeal to the
Commanders have been delegated authority to establish Commandant (CG-5P), Attn: Assistant Commandant for
regulated navigation areas. Prevention, U.S. Coast Guard Stop 7501, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC 20593-7501. The appeal
(d) Subject to the supervision of the cognizant Captain of the Port must be in writing, except as allowed under paragraph (e) of this
and District Commander, Directors, Vessel Traffic Services are section. The Area Commander forwards the appeal, all the
delegated authority under 33 CFR 1.01-30 to discharge the duties documents and evidence which formed the record upon which the
of the Captain of the Port that involve directing the operation, order or direction was issued or the ruling under paragraph (c) of
movement, and anchorage of vessels within a Vessel Traffic this section was made, and any comments which might be
Service area including management of vessel traffic within relevant, to the Assistant Commandant for Prevention. A copy of
anchorages, regulated navigation areas and safety zones, and to this documentation and evidence is made available to the
enforce Vessel Traffic Service and ports and waterways safety appellant. The appellant is afforded 5 working days from the date
regulations. This authority may be exercised by Vessel Traffic of receipt to submit rebuttal materials to the Assistant
Center personnel. The Vessel Traffic Center may, within the Commandant for Prevention. The decision of the Assistant
Vessel Traffic Service area, provide information, make Commandant for Prevention is based upon the materials
recommendations, or, to a vessel required under part 161 of this submitted, without oral argument or presentation. The decision of
chapter to participate in a Vessel Traffic Service, issue an order, the Assistant Commandant for Prevention is issued in writing and
including an order to operate or anchor as directed; require the constitutes final agency action.
vessel to comply with orders issued; specify times of entry,
movement or departure; restrict operations as necessary for safe (e) If the delay in presenting a written appeal would have
operation under the circumstances; or take other action significant adverse impact on the appellant, the appeal under
necessary for control of the vessel and the safety of the port or of paragraphs (b) and (c) of this section may initially be presented
the marine environment. orally. If an initial presentation of the appeal is made orally, the
appellant must submit the appeal in writing within five days of the
[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD oral presentation to the Coast Guard official to whom the
88-037, 53 FR 21815, June 10, 1988; CGD 90-020, 59 FR 36324, presentation was made. The written appeal must contain, at a
July 15, 1994; USCG-2010-0351, 75 FR 36287, June 25, 2010] minimum, the basis for the appeal and a summary of the material
presented orally. If requested, the official to whom the appeal is
160.7 Appeals. directed may stay the effect of the action while the ruling is being
(a) Any person directly affected by a safety zone or an order or appealed.
direction issued under this subchapter may request
reconsideration by the official who issued it or in whose name it [CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD
was issued. This request may be made orally or in writing, and 88-052, 53 FR 25122, July 1, 1988; CGD 96-026, 61 FR 33668,
the decision of the official receiving the request may be rendered June 28, 1996; CGD 97-023, 62 FR 33364, June 19, 1997;
orally or in writing. USCG-2002-12471, 67 FR 41333, June 18, 2002; USCG-2006-
25150, 71 FR 39211, July 12, 2006; 72 FR 17409, Apr. 9, 2007;
(b) Any person directly affected by the establishment of a safety USCG-2010-0351, 75 FR 36287, June 25, 2010; USCG-2011-
zone or by an order or direction issued by, or on behalf of, a 0257, 76 FR 31838, June 2, 2011; USCG-2014-0410, 79 FR
Captain of the Port may appeal to the District Commander 38439, July 7, 2014]
through the Captain of the Port. The appeal must be in writing,
except as allowed under paragraph (e) of this section, and shall Subpart B- Control Of Vessel And Facility
contain complete supporting documentation and evidence which Operations
the appellant wishes to have considered. Upon receipt of the
appeal, the District Commander may direct a representative to 160.101 Purpose.
gather and submit documentation or other evidence which would This subpart describes the authority exercised by District
be necessary or helpful to a resolution of the appeal. A copy of Commanders and Captains of the Ports to insure the safety of
this documentation and evidence is made available to the vessels and waterfront facilities, and the protection of the
appellant. The appellant is afforded five working days from the navigable waters and the resources therein. The controls
date of receipt to submit rebuttal materials. Following submission described in this subpart are directed to specific situations and
of all materials, the District Commander issues a ruling, in writing, hazards.
on the appeal. Prior to issuing the ruling, the District Commander
may, as a matter of discretion, allow oral presentation on the 160.103 Applicability.
issues. (a) This subpart applies to any-

(c) Any person directly affected by the establishment of a safety (1) Vessel on the navigable waters of the United States, except as
zone or by an order or direction issued by, or on behalf of, a provided in paragraphs (b) and (c) of this section;
District Commander, or who receives an unfavorable ruling on an
appeal taken under paragraph (b) of this section may appeal to (2) Bridge or other structure on or in the navigable waters of the
the Area Commander through the District Commander. The United States; and
appeal must be in writing, except as allowed under paragraph (e)
of this section, and shall contain complete supporting (3) Land structure or shore area immediately adjacent to the
documentation and evidence which the appellant wishes to have navigable waters of the United States.
considered. Upon receipt of the appeal, the Area Commander
may direct a representative to gather and submit documentation (b) This subpart does not apply to any vessel on the Saint
or other evidence which would be necessary or helpful to a Lawrence Seaway.
resolution of the appeal. A copy of this documentation and
evidence is made available to the appellant. The appellant is (c) Except pursuant to international treaty, convention, or
afforded five working days from the date of receipt to submit agreement, to which the United States is a party, this subpart
rebuttal materials. Following submission of all materials, the Area does not apply to any foreign vessel that is not destined for, or
Commander issues a ruling, in writing, on the appeal. Prior to departing from, a port or place subject to the jurisdiction of the

499
United States and that is in: (b) The authority to issue orders prohibiting operation of the
vessels or transfer of cargo or residue under paragraph (a) of this
(1) Innocent passage through the territorial sea of the United section also applies if the vessel:
States;
(1) Fails to comply with any applicable regulation;
(2) Transit through the navigable waters of the United States
which form a part of an international strait. (2) Discharges oil or hazardous material in violation of any law or
treaty of the United States;
160.105 Compliance With Orders.
Each person who has notice of the terms of an order issued under (3) Does not comply with applicable vessel traffic service
this subpart must comply with that order. requirements;

160.107 Denial Of Entry. (4) While underway, does not have at least one deck officer on
Each District Commander or Captain of the Port, subject to the navigation bridge who is capable of communicating in the
recognized principles of international law, may deny entry into the English language.
navigable waters of the United States or to any port or place
under the jurisdiction of the United States, and within the district (c) When a vessel has been prohibited from operating in the
or zone of that District Commander or Captain of the Port, to any navigable waters of the United States under paragraphs (a) or (b)
vessel not in compliance with the provisions of the Port and of this section, the District Commander or Captain of the Port may
Tanker Safety Act (33 U.S.C. 1221-1232) or the regulations allow provisional entry into the navigable waters of the United
issued thereunder. States, or into any port or place under the jurisdiction of the
United States and within the district or zone of that District
160.109 Waterfront Facility Safety. Commander or Captain of the Port, if the owner or operator of
(a) To prevent damage to, or the destruction of, any bridge or such vessel proves to the satisfaction of the District Commander
other structure on or in the navigable waters of the United States, or Captain of the Port, that the vessel is not unsafe or does not
or any land structure or shore area immediately adjacent to such pose a threat to the marine environment, and that such entry is
waters, and to protect the navigable waters and the resources necessary for the safety of the vessel or the persons on board.
therein from harm resulting from vessel or structure damage,
destruction, or loss, each District Commander or Captain of the (d) A vessel which has been prohibited from operating in the
Port may: navigable waters of the United States, or from transferring cargo
or residue in a port or place under the jurisdiction of the United
(1) Direct the handling, loading, unloading, storage, and States under the provisions of paragraph (a) or (b)(1), (2) or (3) of
movement (including the emergency removal, control and this section, may be allowed provisional entry if the owner or
disposition) of explosives or other dangerous articles and operator proves, to the satisfaction of the District Commander or
substances, including oil or hazardous material as those terms Captain of the Port that has jurisdiction, that the vessel is no
are defined in 46 U.S.C. 2101 on any structure on or in the longer unsafe or a threat to the environment, and that the
navigable waters of the United States, or any land structure or condition which gave rise to the prohibition no longer exists.
shore area immediately adjacent to those waters; and
[CGD 79-026, 48 FR 35404, Aug. 4, 1983, as amended by CGD
(2) Conduct examinations to assure compliance with the safety 96-026, 61 FR 33668, June 28, 1996; USCG-1998-3799, 63 FR
equipment requirements for structures. 35531, June 30, 1998; USCG-2006-24371, 74 FR 11212, Mar. 16,
2009]
[63 FR 35524, June 30, 1998]
160.115 Withholding Of Clearance.
160.111 Special Orders Applying To Vessel Operations. Each District Commander or Captain of the Port may request the
Each District Commander or Captain of the Port may order a Secretary of the Treasury, or the authorized representative
vessel to operate or anchor in the manner directed when: thereof, to withhold or revoke the clearance required by 46 U.S.C.
App. 91 of any vessel, the owner or operator of which is subject to
(a) The District Commander or Captain of the Port has reasonable any penalties under 33 U.S.C. 1232.
cause to believe that the vessel is not in compliance with any
regulation, law or treaty; [CGD 79-026, 48 FR 35404, Aug. 4, 1983; 48 FR 39059, Aug. 29,
1983, as amended by USCG-1998-3799, 63 FR 35531, June 30,
(b) The District Commander or Captain of the Port determines 1998]
that the vessel does not satisfy the conditions for vessel operation
and cargo transfers specified in 160.113; or Subpart C-Notification of Arrival, Hazardous
Conditions, and Certain Dangerous Cargoes
(c) The District Commander or Captain of the Port has determined
that such order is justified in the interest of safety by reason of Source:USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, unless
weather, visibility, sea conditions, temporary port congestion, otherwise noted.
other temporary hazardous circumstances, or the condition of the
vessel. 160.201 General.
This subpart contains requirements and procedures for submitting
160.113 Prohibition Of Vessel Operation And Cargo a notice of arrival (NOA), and a notice of hazardous condition.
Transfers. The sections in this subpart describe:
(a) Each District Commander or Captain of the Port may prohibit
any vessel, subject to the provisions of chapter 37 of Title 46, U.S. (a) Applicability and exemptions from requirements in this subpart;
Code, from operating in the navigable waters of the United States,
or from transferring cargo or residue in any port or place under (b) Required information in an NOA;
the jurisdiction of the United States, and within the district or zone
of that District Commander or Captain of the Port, if the District (c) Required updates to an NOA;
Commander or the Captain of the Port determines that the
vessel's history of accidents, pollution incidents, or serious repair (d) Methods and times for submission of an NOA, and updates to
problems creates reason to believe that the vessel may be unsafe an NOA;
or pose a threat to the marine environment.

500
(e) How to obtain a waiver; and (v) Ethylene chlorohydrin;

(f) Requirements for submission of the notice of hazardous (vi) Ethylene dibromide;
condition.
(vii) Methacrylonitrile;
Note to 160.201. For notice-of-arrival requirements for the U.S.
Outer Continental Shelf, see 33 CFR part 146. (viii) Oleum (fuming sulfuric acid); and

160.202 Definitions. (ix) Propylene oxide, alone or mixed with ethylene oxide.
Terms in this subpart that are not defined in this section or in
160.3 have the same meaning as those terms in 46 U.S.C. 2101. (9) The following bulk solids:
As used in this subpart-
(i) Ammonium nitrate listed as a Division 5.1 (oxidizing) material in
Agent means any person, partnership, firm, company or 49 CFR 172.101 except when carried as CDC residue; and
corporation engaged by the owner or charterer of a vessel to act
in their behalf in matters concerning the vessel. (ii) Ammonium nitrate based fertilizer listed as a Division 5.1
(oxidizing) material in 49 CFR 172.101 except when carried as
Barge means a non-self propelled vessel engaged in CDC residue.
commerce.Carried in bulk means a commodity that is loaded or
carried on board a vessel without containers or labels and Certain dangerous cargo residue (CDC residue) includes any
received and handled without mark or count. of the following:

Boundary waters mean the waters from main shore to main (1) Ammonium nitrate in bulk or ammonium nitrate based fertilizer
shore of the lakes and rivers and connecting waterways, or the in bulk remaining after all saleable cargo is discharged, not
portions thereof, along which the international boundary between exceeding 1,000 pounds in total and not individually accumulated
the United States and the Dominion of Canada passes, including in quantities exceeding two cubic feet.
all bays, arms, and inlets thereof, but not including tributary
waters which in their natural channels would flow into such lakes, (2) For bulk liquids and liquefied gases, the cargo that remains
rivers, and waterways, or waters flowing from such lakes, rivers, onboard in a cargo system after discharge that is not accessible
and waterways, or the waters of rivers flowing across the through normal transfer procedures, with the exception of the
boundary. following bulk liquefied gas cargoes carried under 46 CFR
151.50-31 or listed in 46 CFR 154.7:
Certain dangerous cargo (CDC) includes any of the following:
(i) Ammonia, anhydrous;
(1) Division 1.1 or 1.2 explosives as defined in 49 CFR 173.50.
(ii) Chlorine;
(2) Division 1.5D blasting agents for which a permit is required
under 49 CFR 176.415 or, for which a permit is required as a (iii) Ethane;
condition of a Research and Special Programs Administration
exemption. (iv) Ethylene oxide;

(3) Division 2.3 poisonous gas, as listed in 49 CFR 172.101 that (v) Methane (LNG);
is also a material poisonous by inhalation as defined in 49 CFR
171.8, and that is in a quantity in excess of 1 metric ton per vessel. (vi) Methyl bromide;

(4) Division 5.1 oxidizing materials for which a permit is required (vii) Sulfur dioxide; and
under 49 CFR 176.415 or for which a permit is required as a
condition of a Research and Special Programs Administration (viii) Vinyl chloride.
exemption.
Charterer means the person or organization that contracts for the
(5) A liquid material that has a primary or subsidiary classification majority of the carrying capacity of a ship for the transportation of
of Division 6.1 poisonous material as listed in 49 CFR 172.101 cargo to a stated port for a specified period. This includes time
that is also a material poisonous by inhalation, as defined in 49 charterers and voyage charterers.
CFR 171.8 and that is in a bulk packaging, or that is in a quantity
in excess of 20 metric tons per vessel when not in a bulk Crewmember means all persons carried on board the vessel to
packaging. provide navigation and maintenance of the vessel, its machinery,
systems, and arrangements essential for propulsion and safe
(6) Class 7, highway route controlled quantity radioactive navigation or to provide services for other persons on board.
material or fissile material, controlled shipment, as defined in 49
CFR 173.403. Embark means when a crewmember or a person in addition to
the crew joins the vessel.
(7) All bulk liquefied gas cargo carried under 46 CFR 151.50-31 or
listed in 46 CFR 154.7 that is flammable and/or toxic and that is Ferry schedule means a published document that:
not carried as certain dangerous cargo residue (CDC residue).
(1) Identifies locations a ferry travels to and from;
(8) The following bulk liquids except when carried as CDC residue:
(2) Lists the times of departures and arrivals; and
(i) Acetone cyanohydrin;
(3) Identifies the portion of the year in which the ferry maintains
(ii) Allyl alcohol; this schedule.

(iii) Chlorosulfonic acid; Foreign vessel means a vessel of foreign registry or operated
under the authority of a country except the United States.
(iv) Crotonaldehyde;

501
Great Lakes means Lakes Superior, Michigan, Huron, Erie, and master, operator, or person in charge of a vessel regulated by this
Ontario, their connecting and tributary waters, the Saint Lawrence subpart is responsible for compliance with the requirements in this
River as far as Saint Regis, and adjacent port areas. subpart.

Gross tons means the tonnage determined by the tonnage (c) Towing vessels controlling a barge or barges required to
authorities of a vessel's flag state in accordance with the national submit an NOA under this subpart must submit only one NOA
tonnage rules in force before the entry into force of the containing the information required for the towing vessel and each
International Convention on Tonnage Measurement of Ships, barge under its control.
1969 (Convention). For a vessel measured only under Annex I
of the Convention, gross tons means that tonnage. For a vessel [USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by
measured under both systems, the higher gross tonnage is the USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; FR Doc. 2015-
tonnage used for the purposes of the 300-gross-ton threshold. 01331 Filed 1-29-15; 8:45 am]

Hazardous condition means any condition that may adversely 160.204 Exemptions and exceptions.
affect the safety of any vessel, bridge, structure, or shore area or
the environmental quality of any port, harbor, or navigable (a) Except for reporting notice of hazardous conditions, the
waterway of the United States. It may, but need not, involve following vessels are exempt from requirements in this subpart:
collision, allision, fire, explosion, grounding, leaking, damage,
injury or illness of a person aboard, or manning-shortage. (1) A passenger or offshore supply vessel when employed in the
exploration for or in the removal of oil, gas, or mineral resources
Nationality means the state (nation) in which a person is a citizen on the continental shelf.
or to which a person owes permanent allegiance.
(2) An oil spill response vessel (OSRV) when engaged in actual
Operating exclusively within a single Captain of the Port spill response operations or during spill response exercises.
zone refers to vessel movements within the boundaries of a
single COTP zone, e.g., from one dock to another, one berth to (3) After December 31, 2015, a vessel required by 33 CFR
another, one anchorage to another, or any combination of such 165.830 or 165.921 to report its movements, its cargo, or the
transits. Once a vessel has arrived in a port in a COPT zone, it cargo in barges it is towing.
would not be considered as departing from a port or place simply
because of its movements within that specific port. (4) A United States or Canadian vessel engaged in the salving
operations of any property wrecked, or rendering aid and
Operator means any person including, but not limited to, an assistance to any vessels wrecked, disabled, or in distress, in
owner, a charterer, or another contractor who conducts, or is
waters specified in Article II of the 1908 Treaty of Extradition,
responsible for, the operation of a vessel.
Wrecking and Salvage (35 Stat. 2035; Treaty Series 502).
Persons in addition to crewmembers mean any person
(5) The following vessels neither carrying certain dangerous cargo
onboard the vessel, including passengers, who are not included
nor controlling another vessel carrying certain dangerous cargo:
on the list of crewmembers.
(i) A foreign vessel 300 gross tons or less not engaged in
Port or place of departure means any port or place in which a
vessel is anchored or moored. commercial service.

(ii) A vessel operating exclusively within a single Captain of the


Port or place of destination means any port or place in which a
vessel is bound to anchor or moor. Port zone. Captain of the Port zones are defined in 33 CFR part
3.
Public vessel means a vessel that is owned or demise-(bareboat)
chartered by the government of the United States, by a State or (iii) A U.S. towing vessel and a U.S. barge operating solely
local government, or by the government of a foreign country and between ports or places of the contiguous 48 states, Alaska, and
that is not engaged in commercial service. the District of Columbia.

Time charterer means the party who hires a vessel for a specific (iv) A public vessel.
amount of time. The owner and his crew manage the vessel, but
the charterer selects the ports of destination. (v) Except for a tank vessel, a U.S. vessel operating solely
between ports or places of the United States on the Great Lakes.
Voyage charterer means the party who hires a vessel for a
single voyage. The owner and his crew manage the vessel, but (vi) A U.S. vessel 300 gross tons or less, engaged in commercial
the charterer selects the ports of destination. service not coming from a foreign port or place.

[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by (vii) Each ferry on a fixed route that is described in an accurate
USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; 75 FR 59620, schedule that is submitted by the ferry operator, along with
Sept. 28, 2010; FR Doc. 2015-01331 Filed 1-29-15; 8:45 am] information in paragraphs (a)(5)(vii)(A) through (J) of this section,
to the Captain of the Port for each port or place of destination
160.203 Applicability. listed in the schedule at least 24 hours in advance of the first date
(a) This subpart applies to the following vessels that are bound for and time of arrival listed on the schedule. At least 24 hours before
or departing from ports or places within the navigable waters of the first date and time of arrival listed on the ferry schedule, each
the United States, as defined in 33 CFR 2.36(a), which includes ferry operator who submits a schedule under paragraph (a)(5)(vii)
internal waters and the territorial seas of the United States, and of this section must also provide the following information to the
any deepwater port as defined in 33 CFR 148.5:
Captain of the Port for each port or place of destination listed in
the schedule for the ferry, and if the schedule or the following
(1) U.S. vessels in commercial service, and
submitted information changes, the ferry operator must submit an
(2) All foreign vessels. updated schedule at least 24 hours in advance of the first date
and time of arrival listed on the new schedule and updates on the
(b) Unless otherwise specified in this subpart, the owner, agent, following items whenever the submitted information is no longer

502
accurate: (J) Name and telephone number of a 24-hour point of contact.

(A) Name of the vessel; (6) From April 30, 2015 through December 31, 2015, vessels
identified as being subject to 33 CFR 165.830 or 165.921.
(B) Country of registry of the vessel;
(b) A vessel less than 500 gross tons is not required to submit the
(C) Call sign of the vessel; International Safety Management (ISM) Code Notice (Entry 7 in
Table 160.206 of 160.206).
(D) International Maritime Organization (IMO) international
number or, if the vessel does not have an assigned IMO (c) A U.S. vessel is not required to submit the International Ship
international number, the official number of the vessel; and Port Facility Security (ISPS) Code Notice information (Entry 8
in Table 160.206 of 160.206).
(E) Name of the registered owner of the vessel;
[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by
(F) Name of the operator of the vessel; USCG-2003-14749, 68 FR 39313, July 1, 2003; 68 FR 63735,
Nov. 10, 2003; FR Doc. 2015-01331 Filed 1-29-15; 8:45 am]
(G) Name of the vessel's classification society or recognized
organization, if applicable; 160.205 Notices of arrival.
The owner, agent, Master, operator, or person in charge of a
(H) Each port or place of destination; vessel must submit notices of arrival consistent with the
requirements in this subpart.
(I) Estimated dates and times of arrivals at and departures from
these ports or places; and [FR Doc. 2015-01331 Filed 1-29-15; 8:45 am]

503
160.206 Information required in an NOA.
(a) Information required. With the exceptions noted in paragraph should protect any personal information they gather in preparing
(b) of this section, each NOA must contain all of the information notices for transmittal to the National Vessel Movement Center
items specified in Table 160.206. Vessel owners and operators (NVMC) to prevent unauthorized disclosure of that information.

TABLE 160.206.-NOA INFORMATION ITEMS


Vessels neither Vessels
carrying CDC carrying CDC
Required information nor controlling or controlling
another vessel another vessel
carrying CDC carrying CDC
(1) Vessel Information:
(i) Name;. X X
(ii) Name of the registered owner; X X
(iii) Country of registry;. X X
(iv) Call sign; X X
(v) International Maritime Organization (IMO)international number or, if vessel does not have an assigned IMO X X
international number, substitute with official number;
(vi) Name of the operator;. X X
(vii) Name of the charterer; X X
(viii) Name of classification society or recognized organization. X X
(ix) USCG Vessel Response Plan Control Number, if applicable X X
(2) Voyage Information:
(i) Names of last five ports or places visited;. X X
(ii) Dates of arrival and departure for last five ports or places visited; X X
(iii) For each port or place of the United States to be visited, list the name of the receiving facility, the port or place, X X
the city, and the state;.
(iv) For the port or place of the United States to be visited, the estimated date and time of arrival; X X

(v) For the port or place in the United States to be visited, the estimated date and time of departure; X X

(vi) The location (port or place and country) or position (latitude and longitude or waterway and mile marker) of the X X
vessel at the time of reporting;
(vii) The name and telephone number of a 24-hour point of contact X X
(viii) Whether the vessels voyage time is less than 24 hours (yes or no); X x
(ix) Last port of place of departure; and x x
(x) Dates of arrival and departure for last port or place of departure X x
(3) Cargo Information:
(i) A general description of cargo, other than CDC, on board the vessel (e.g.: grain, container, oil, etc.);. X X
(ii) Name of each CDC carried, including cargo UN number, if applicable; and X
(iii) Amount of each CDC carried X
(4) Information for each Crewmember On Board:
(i) Full name;. X X
(ii) Date of birth; X X
(iii) Nationality; X X
(iv) Passport or mariners document number (type of identification and number); X X
(v) Position or duties on the vessel; and X X
(vi) Where the crewmember embarked (list port or place and country) X X
(5) Information for each Person Onboard in Addition to Crew:
(i) Full name; X X
(ii) Date of birth;. X X
(iii) Nationality; X X
(iv) Passport number; and X X
(v) Where the person embarked (list port or place and country) X X
(6) Operational condition of equipment required by 33CFR part 164 of this chapter (see note to table); X X
(7) International Safety Management (ISM) Code Notice:
(i) The date of expiration for the company's Document of Compliance certificate that covers the vessel; X X
(ii) The date of expiration for the vessel's Safety Management Certificate; and X X
(iii) The name of the Flag Administration, or the recognized organization(s) X X
representing the vessel Flag administration, that issued those certificates
(8) International Ship and Port Facility Security Code (ISPS) Notice:
(i) The date of issuance for the vessel's International Ship Security Certificate (ISSC), if any;. X X
(ii) Whether the ISSC, if any, is an initial Interim ISSC, subsequent and consecutive Interim ISSC, or final ISSC; X X
(iii) Declaration that the approved ship security plan, if any, is being implemented;. X X
(iv) If a subsequent and consecutive Interim ISSC, the reasons therefore; X X
(v) The name and 24-hour contact information for the Company Security Officer; and X X
(vi) The name of the Flag Administration, or the recognized security rganization(s) X X
representing the vessel Flag Administration that issued the ISSC.
Note to Table 160.206. For items with an asterisk (*), see paragraph (b) of this section. Submitting a response for item 6 indicating that
navigation equipment is not operating properly does not serve as notice to the District Commander, Captain of the Port, or Vessel Traffic
Center, under 33 CFR 164.53.

(b) Exceptions. If a crewmember or person on board other than a [68 FR 9537, Feb. 28, 2003; 68 FR 27907, May 22, 2003; [FR
crewmember is not required to carry a passport for travel, then Doc. 2015-01331 Filed 1-29-15; 8:45 am]
passport information required in Table 160.206 by items (4)(iv)
and (5) (iv) need not be provided for that person.

504
160.207 [Removed] (2) To become a participant in Sea AMS, submitters must provide
a letter of intent to USCS prior to first submission.
160.208 Updates to a submitted NOA.
(a) Unless otherwise specified in this section, whenever events [USCG-2002-11865, 68 FR 9543, Feb. 28, 2003; 68 FR 63735,
cause NOA information submitted for a vessel to become Nov. 10, 2003, as amended by USCG-2004-19963, 70 FR 74669,
inaccurate, or the submitter to realize that data submitted was Dec. 16, 2005; FR Doc. 2015-01331 Filed 1-29-15; 8:45 am]
inaccurate, the owner, agent, Master, operator, or person in
charge of that vessel must submit an update within the times 160.211 [Removed]
required in 160.212.
160.212 When to submit an NOA.
(b) Changes in the following information need not be reported: (a) Submission of an NOA.

(1) Changes in arrival or departure times that are less than six (6) (1) Except as set out in paragraphs (a)(2) and (a)(3) of this
hours; section, all vessels must submit NOAs within the times required in
paragraph (a)(4) of this section.
(2) Changes in vessel location or position of the vessel at the time
of reporting (entry (2)(vi) to Table 160.206); and (2) Towing vessels, when in control of a vessel carrying CDC and
operating solely between ports or places of the contiguous 48
(3) Changes to crewmembers' position or duties on the vessel states, Alaska, and the District of Columbia, must submit an NOA
(entry (4)(vii) to Table 160.206). before departure but at least 12 hours before arriving at the port
or place of destination.
(c) When reporting updates, revise and resubmit the NOA.
(3) U.S. vessels 300 gross tons or less, arriving from a foreign
160.209 [Removed] port or place, and whose voyage time is less than 24 hours must
submit an NOA at least 60 minutes before departure from the
160.210 Methods for submitting an NOA. foreign port or place. Also, Canadian vessels 300 gross tons or
(a) National Vessel Movement Center (NVMC). Except as less, arriving directly from Canada, via boundary waters, to a
otherwise provided in this paragraph or paragraph (b) of this United States port or place on the Great Lakes, whose voyage
section, vessels must submit NOA information required by time is less than 24 hours must submit an NOA at least 60
160.206 to the NVMC using methods currently specified at minutes before departure from the Canadian port or place.
www.nvmc.uscg.gov, which includes submission through the
NVMC electronic Notice of Arrival and Departure (eNOAD) World (4) Times for submitting NOAs are as follows:
Wide Web site, and XML, which includes the Excel Workbook
format. These data may also be submitted using other methods If your voyage time Then you must submit an NOA-
that may be added as future options on www.nvmc.uscg.gov. is-
XML spreadsheets may be submitted via email to (i) 96 hours or more; or. At least 96 hours before arriving at the port
enoad@nvmc.uscg.gov. If a vessel operator must submit an NOA or place of destination; or
(ii) Less than 96 hours.. Before departure but at least 24 hours
or an update, for a vessel in an area without internet access or
before arriving at the port or place of
when experiencing technical difficulties with an onboard computer, destination
and he or she has no shore-side support available, the vessel
operator may fax or phone the submission to the NVMC. Fax at 1- (b) Submission of updates to an NOA.
800-547-8724 or 304-264-2684. Workbook available at
www.nvmc.uscg.gov; or, telephone at 1-800-708-9823 or 304- (1) Except as set out in paragraphs (b)(2) and (b)(3) of this
264-2502. section, vessels must submit updates in NOA information within
the times required in paragraph (b)(4) of this section.
(b) Saint Lawrence Seaway. Those vessels transiting the Saint
Lawrence Seaway inbound, bound for a port or place in the (2) Towing vessels, when in control of a vessel carrying CDC and
United States, may meet the submission requirements of operating solely between ports or places in the contiguous 48
paragraph (a) of this section by submitting the required states, Alaska, and the District of Columbia, must submit updates
information to the Saint Lawrence Seaway Development to an NOA as soon as practicable but at least 6 hours before
Corporation and the Saint Lawrence Seaway Management entering the port or place of destination.
Corporation of Canada using methods specified at
www.nvmc.uscg.gov. (3) U.S. vessels 300 gross tons or less, arriving from a foreign
port or place, whose voyage time is-
(c) Seventh Coast Guard District. Those foreign vessels 300 or
less gross tons operating in the Seventh Coast Guard District (i) Less than 24 hours but greater than 6 hours, must submit
must submit an NOA to the cognizant Captain of the Port (COTP). updates to an NOA as soon as practicable, but at least 6 hours
The Cargo Declaration (Customs Form 1302) in entry (8) in Table before entering the port or place of destination.
160.206 must be submitted electronically to the USCS, as
required by paragraph (d) of this section. (ii) Less than or equal to 6 hours, must submit updates to an NOA
as soon as practicable, but at least 60 minutes before departure
(d) Submission to the United States Customs Service's Sea from the foreign port or place.
Automated Manifest System (AMS).
(4) Times for submitting updates to NOAs are as follows:
(1) Beginning July 1, 2003, the Cargo Declaration (Customs Form
1302) in entry (8) in Table 160.206 must be submitted If your remaining Then you must submit updates to an NOA-
electronically to the USCS Sea AMS by one of the following voyage time is-
methods: (i) 96 hours or As soon as practicable, but at least 24 hours
more; before arriving at the port or place of destination;
(i) By direct connection with USCS or by purchasing the proper (ii) Less than 96 As soon as practicable, but at least 24 hours
software; or hours, but not less before arriving at the port or place of destination;
than 24 hours; or or
(iii) Less than 24 As soon as practicable, but at least 12 hours
(ii) Using a service provider or a Port Authority.
hours before entering the port or place of destination.

505
160.214 Waivers. (3) U.S. merchant mariner document;
The Captain of the Port may waive, within that Captain of the
Port's designated zone, any of the requirements of this subpart for (4) U.S. merchant mariner credential;
any vessel or class of vessels upon finding that the vessel, route,
area of operations, conditions of the voyage, or other (5) Transportation Worker Identification Credential (TWIC) issued
circumstances are such that application of this subpart is by the Transportation Security Administration under 49 CFR part
unnecessary or impractical for purposes of safety, environmental 1572; or
protection, or national security.
(6) Seafarer's Identification Document (SID) issued by or under
160.215 Force majeure. the authority of the government of a country that has ratified the
When a vessel is bound for a port or place of the United States International Labour Organization Seafarers' Identity Documents
under force majeure, it must comply with the requirements in this Convention (Revised), 2003 (ILO 185), meeting all the
section, but not other sections of this subpart. The vessel must requirements of ILO 185.
report the following information to the nearest Captain of the Port
as soon as practicable: Commercial service means any type of trade or business
involving the transportation of goods or individuals, except service
(a) The vessel Master's intentions; performed by a combatant vessel.

(b) Any hazardous conditions as defined in 160.202; and Crewmember means all persons carried onboard a vessel to
provide: navigation services; maintenance of the vessel, its
(c) If the vessel is carrying certain dangerous cargo or controlling machinery, or systems; arrangements essential for propulsion or
a vessel carrying certain dangerous cargo, the amount and safe navigation; or services for other persons onboard.
nameof each CDC carried, including cargo UN number if
applicable. Foreign vessel means a vessel of foreign registry or operated
under the authority of a country except the United States.
160.216 Notice Of Hazardous Conditions.
Whenever there is a hazardous condition either aboard a vessel Navigable waters of the United States means the same as this
or caused by a vessel or its operation, the owner, agent, master, term is defined in 33 CFR 2.36(a). This includes a 12-nautical-
operator, or person in charge shall immediately notify the nearest mile wide U.S. territorial sea as measured from the baseline, U.S.
Coast Guard Sector Office or Group Office. (Compliance with this internal waters subject to tidal influence, and certain U.S. internal
section does not relieve responsibility for the written report waters not subject to tidal influence.
required by 46 CFR 4.05-10.)
Operator means any person including, but not limited to, an
[USCG-2002-11865, 68 FR 9543, Feb. 28, 2003, as amended by owner, a charterer, or another contractor who conducts, or is
USCG-2006-25556, 72 FR 36328, July 2, 2007] responsible for, the operation of a vessel.

Subpart D-Crewmember Identification Passport means any travel document issued by competent
authority showing the bearer's origin, identity, and nationality if
Source:USCG-2007-28648, 74 FR 19140, Apr. 28, 2009, unless any, which is valid for the admission of the bearer into a foreign
otherwise noted. country.
160.300 Applicability.
Port or place of departure means any port or place in which a
vessel is anchored or moored.
(a) This subpart applies to crewmembers on the following vessels
in the navigable waters of the United States en route to a U.S.
Port or place of destination means any port or place in which a
port or place of destination or at a U.S. port or place:
vessel is bound to anchor or moor.
(1) A foreign vessel engaged in commercial service, and
160.315 Crewmember identification requirement.
(a) A crewmember subject to this subpart must carry and present
(2) A U.S. vessel engaged in commercial service and coming
on demand an acceptable identification. An operator subject to
from a foreign port or place of departure.
this subpart must ensure that every crewmember on the vessel
has an acceptable identification in his or her possession when the
(b) This subpart also applies to the operators of the vessels listed
vessel is in the navigable waters of the United States. For
in paragraph (a) of this section.
purposes of this section, a crewmember may secure his or her
acceptable identification with the vessel's master, so long as the
160.305 Exceptions.
identification can be presented on demand.
Requirements in this subpart do not apply to crewmembers and
operators on a vessel bound for a U.S. port or place of destination
(b) Compliance with the requirements in this section does not
under force majeure.
relieve vessel crewmembers and operators of any requirements
under the Immigration and Nationality Act (INA) or INA
160.310 Definitions.
implementing regulations. Likewise, compliance with INA
As used in this subpart, and only for purposes of this supbpart-
requirements does not relieve vessel crewmembers and
Acceptable identification means a:
operators of the requirements in this section.
(1) Passport;
160.320 Sanctions and vessel control.
Failure to comply with this subpart will subject the crewmember
(2) U.S. Permanent Resident Card;
and operator to a civil penalty under 46 U.S.C. 70119 and the
vessel to control under 33 U.S.C. 1223(b).

506
Part 161-Vessel Traffic Management
Table of Contents movement by reducing the potential for collisions, rammings, and
groundings, and the loss of lives and property associated with
these incidents within VTS areas established hereunder.
Subpart A-Vessel Traffic Services
(b) Vessel Traffic Services provide the mariner with information
General Rules related to the safe navigation of a waterway. This information,
Sec. coupled with the mariner's compliance with the provisions set
161.1 Purpose And Intent. forth in this part, enhances the safe routing of vessels through
161.2 Definitions. congested waterways or waterways of particular hazard. Under
161.3 Applicability. certain circumstances, a VTS may issue directions to control the
161.4 Requirement To Carry The Rules. movement of vessels in order to minimize the risk of collision
161.5 Deviations From The Rules. between vessels, or damage to property or the environment.

Services, VTS Measures, And Operating (c) The owner, operator, charterer, master, or person directing the
movement of a vessel remains at all times responsible for the
Requirements manner in which the vessel is operated and maneuvered, and is
161.10 Services. responsible for the safe navigation of the vessel under all
161.11 VTS Measures. circumstances. Compliance with these rules or with a direction of
161.12 Vessel Operating Requirements. the VTS is at all times contingent upon the exigencies of safe
161.13 VTS Special Area Operating Requirements. navigation.

Subpart B-Vessel Movement Reporting System (d) Nothing in this part is intended to relieve any vessel, owner,
operator, charterer, master, or person directing the movement of
(VMRS) a vessel from the consequences of any neglect to comply with
161.15 Purpose And Intent. this part or any other applicable law or regulation (e.g., the
161.16 Applicability. International Regulations for Prevention of Collisions at Sea, 1972
161.17 Definitions. (72 COLREGS) or the Inland Navigation Rules) or of the neglect
161.18 Reporting Requirements. of any precaution which may be required by the ordinary practice
161.19 Sailing Plan (SP). of seamen, or by the special circumstances of the case.
161.20 Position Report (PR).
161.21 Sailing Plan Deviation Report (DR). 161.2 Definitions.
161.22 Final Report (FR). For the purposes of this part:
161.23 Reporting Exemptions.
Cooperative Vessel Traffic Services (CVTS) means the system
Subpart C-Vessel Traffic Service Areas, of vessel traffic management established and jointly operated by
the United States and Canada within adjoining waters. In addition,
Cooperative Vessel Traffic Service Area, Vessel CVTS facilitates traffic movement and anchorages, avoids
Traffic Service Special Areas, And Reporting jurisdictional disputes, and renders assistance in emergencies in
Points adjoining United States and Canadian waters.

161.25 Vessel Traffic Service New York Area. Hazardous Vessel Operating Condition means any condition
161.30 Vessel Traffic Service Louisville. related to a vessel's ability to safely navigate or maneuver, and
161.35 Vessel Traffic Service Houston/Galveston. includes, but is not limited to:
161.40 Vessel Traffic Service Berwick Bay.
161.45 Vessel Traffic Service St. Marys River. (1) The absence or malfunction of vessel operating equipment,
161.50 Vessel Traffic Service San Francisco. such as propulsion machinery, steering gear, radar system,
161.55 Vessel Traffic Service Puget Sound And The Cooper- gyrocompass, depth sounding device, automatic radar plotting aid
ative Vessel Traffic Service For The Juan De Fuca (ARPA), radiotelephone, Automatic Identification System
Region. equipment, navigational lighting, sound signaling devices or
161.60 Vessel Traffic Service Prince William Sound. similar equipment.
161.65 Vessel Traffic Service Lower Mississippi River.
161.70 Vessel Traffic Service Port Arthur. (2) Any condition on board the vessel likely to impair navigation,
such as lack of current nautical charts and publications, personnel
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. 70114, 70119; Pub. shortage, or similar condition.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1. (3) Vessel characteristics that affect or restrict maneuverability,
such as cargo or tow arrangement, trim, loaded condition,
Source:CGD 90-020, 59 FR 36324, July 15, 1994, unless underkeel or overhead clearance, speed capabilities, power
otherwise noted. availability, or similar characteristics, which may affect the positive
control or safe handling of the vessel or the tow.

Subpart A-Vessel Traffic Services Navigable waters means all navigable waters of the United
States including the territorial sea of the United States, extending
General Rules to 12 nautical miles from United States baselines, as described in
Presidential Proclamation No. 5928 of December 27, 1988.
161.1 Purpose And Intent.
(a) The purpose of this part is to promulgate regulations Precautionary Area means a routing measure comprising an
implementing and enforcing certain sections of the Ports and area within defined limits where vessels must navigate with
Waterways Safety Act (PWSA) setting up a national system of particular caution and within which the direction of traffic may be
Vessel Traffic Services that will enhance navigation, vessel safety, recommended.
and marine environmental protection, and promote safe vessel

507
Towing Vessel means any commercial vessel engaged in towing (a) Requests to deviate from any provision in this part, either for
another vessel astern, alongside, or by pushing ahead. an extended period of time or if anticipated before the start of a
transit, must be submitted in writing to the appropriate District
Vessel Movement Center (VMC) means the shore-based facility Commander. Upon receipt of the written request, the District
that operates the vessel tracking system for a Vessel Movement Commander may authorize a deviation if it is determined that
Reporting System (VMRS) area or sector within such an area. such a deviation provides a level of safety equivalent to that
The VMC does not necessarily have the capability or qualified provided by the required measure or is a maneuver considered
personnel to interact with marine traffic, nor does it necessarily necessary for safe navigation under the circumstances. An
respond to traffic situations developing in the area, as does a application for an authorized deviation must state the need and
Vessel Traffic Service (VTS). fully describe the proposed alternative to the required measure.

Vessel Movement Reporting System (VMRS) means a (b) Requests to deviate from any provision in this part due to
mandatory reporting system used to monitor and track vessel circumstances that develop during a transit or immediately
movements. This is accomplished by a vessel providing preceding a transit may be made to the appropriate Vessel Traffic
information under established procedures as set forth in this part Center (VTC). Requests to deviate must be made as far in
in the areas defined in Table 161.12(c) (VTS and VMRS Centers, advance as practicable. Upon receipt of the request, the VTC may
Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). authorize a deviation if it is determined that, based on vessel
handling characteristics, traffic density, radar contacts,
Vessel Movement Reporting System (VMRS) User means a environmental conditions and other relevant information, such a
vessel, or an owner, operator, charterer, Master, or person deviation provides a level of safety equivalent to that provided by
directing the movement of a vessel that is required to participate the required measure or is a maneuver considered necessary for
in a VMRS. safe navigation under the circumstances.

Vessel Traffic Center (VTC) means the shore-based facility that [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by
operates the vessel traffic service for the Vessel Traffic Service USCG-2005-21531, 70 FR 36350, June 23, 2005; [FR Doc. 2015-
area or sector within such an area. 01331 Filed 1-29-15; 8:45 am]

Vessel Traffic Services (VTS) means a service implemented by Services, VTS Measures, And Operating
the United States Coast Guard designed to improve the safety Requirements
and efficiency of vessel traffic and to protect the environment. The
VTS has the capability to interact with marine traffic and respond 161.10 Services.
to traffic situations developing in the VTS area. To enhance navigation and vessel safety, and to protect the
marine environment, a VTS may issue advisories, or respond to
Vessel Traffic Service Area or VTS Area means the vessel requests for information, on reported conditions within the
geographical area encompassing a specific VTS area of service. VTS area, such as:
This area of service may be subdivided into sectors for the
purpose of allocating responsibility to individual Vessel Traffic (a) Hazardous conditions or circumstances;
Centers or to identify different operating requirements.
(b) Vessel congestion;
Note: Although regulatory jurisdiction is limited to the navigable
waters of the United States, certain vessels will be encouraged or (c) Traffic density;
may be required, as a condition of port entry, to report beyond this
area to facilitate traffic management within the VTS area. (d) Environmental conditions;

VTS Special Area means a waterway within a VTS area in which (e) Aids to navigation status;
special operating requirements apply.
(f) Anticipated vessel encounters;
VTS User means a vessel or an owner, operator, charterer,
Master, or person directing the movement of a vessel within a (g) Another vessel's name, type, position, hazardous vessel
VTS area that is: operating conditions, if applicable, and intended navigation
movements, as reported;
(1) Subject to the Vessel Bridge-to-Bridge Radiotelephone Act;
(h) Temporary measures in effect;
(2) Required to participate in a VMRS; or
(i) A description of local harbor operations and conditions, such
(3) Equipped with a required Coast Guard type-approved as ferry routes, dredging, and so forth;
Automatic Identification System (AIS).
(j) Anchorage availability; or
VTS User's Manual means the manual established and
distributed by the VTS to provide the mariner with a description of (k) Other information or special circumstances.
the services offered and rules in force for that VTS. Additionally,
the manual may include chartlets showing the area and sector 161.11 VTS Measures.
boundaries, general navigational information about the area, and (a) A VTS may issue measures or directions to enhance
procedures, radio frequencies, reporting provisions and other navigation and vessel safety and to protect the marine
information which may assist the mariner while in the VTS area. environment, such as, but not limited to:

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGE (1) Designating temporary reporting points and procedures;
97-023, 62 FR 33364, June 19, 1997; USCG-2003-14757, 68 FR
39364, July 1, 2003; USCG-1998-4399, 75 FR 66314, Oct. 28, (2) Imposing vessel operating requirements; or
2010; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015; 80 FR
17327, Apr. 1, 2015] (3) Establishing vessel traffic routing schemes.

161.5 Deviations from the rules. (b) During conditions of vessel congestion, restricted visibility,

508
adverse weather, or other hazardous circumstances, a VTS may (c) When not exchanging voice communications, a VTS User
control, supervise, or otherwise manage traffic, by specifying must maintain a listening watch as required by 26.04(e) of this
times of entry, movement, or departure to, from, or within a VTS chapter on the VTS frequency designated in Table 161.12(c)
area. (VTS and VMRS Centers, Call Signs/MMSI, Designated
Frequencies, and Monitoring Areas). In addition, the VTS User
161.12 Vessel Operating Requirements. must respond promptly when hailed and communicate in the
(a) Subject to the exigencies of safe navigation, a VTS User shall English language.
comply with all measures established or directions issued by a
VTS. Note to 161.12(c): As stated in 47 CFR 80.148(b), a very high
frequency watch on Channel 16 (156.800 MHz) is not required on
(b) If, in a specific circumstance, a VTS User is unable to safely vessels subject to the Vessel Bridge-to-Bridge Radiotelephone
comply with a measure or direction issued by the VTS, the VTS Act and participating in a Vessel Traffic Service (VTS) system
User may deviate only to the extent necessary to avoid when the watch is maintained on both the vessel bridge-to-bridge
endangering persons, property or the environment. The deviation frequency and a designated VTS frequency.
shall be reported to the VTS as soon as is practicable.

Table 161.12(c)VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas
Designated frequency
(channel designation)
1
Center MMSI call sign purpose2 Monitoring area34

Berwick Bay003669950:

Berwick Traffic 156.550 MHz (Ch. 11) The waters south of 2945.00 N., west of 9110.00 W., north of 2937.00 N.,
and east of 9118.00 W.

Buzzards Bay:

Buzzards Bay Control5 156.600 MHz (Ch. 12) The waters east and north of a line drawn from the southern tangent of Sakonnet
Point, Rhode Island, in approximate position latitude 4127.20 N., longitude
7111.70 W., to the Buzzards Bay Entrance Light in approximate position latitude
4123.8 N., longitude 7102.00 W., and then to the southwestern tangent of
Cuttyhunk Island, Massachusetts, at approximate position latitude 4124.60 N.,
longitude 7057.00 W., and including all of the Cape Cod Canal to its eastern
entrance, except that the area of New Bedford Harbor within the confines (north of)
the hurricane barrier, and the passages through the Elizabeth Islands, is not
considered to be Buzzards Bay.

Houston-Galveston The navigable waters north of 2900.00 N., west of 9420.00 W., south of
003669954 2949.00 N., and east of 9520.00 W.

Houston Traffic 156.550 MHz (Ch. 11) The navigable waters north of a line extending due west from the southernmost end of
156.250 MHz (Ch. 5A). Exxon Dock #1 (2043.37 N., 9501.27 W.).
For Sailing Plans only

Houston Traffic 156.600 MHz (Ch. 12) The navigable waters south of a line extending due west from the southernmost end
156.250 MHz (Ch. 5A). of Exxon Dock #1 (2943.37 N., 9501.27 W.).
For Sailing Plans only

Los Angeles-Long Beach


03660465:

San Pedro Traffic 156.700 MHz (Ch. 14) Vessel Movement Reporting System Area: The navigable waters within a 25 nautical
mile radius of Point Fermin Light (3342.30 N., 11817.60 W.).

Louisville003669732:

Louisville Traffic 156.650 MHz (Ch. 13) The waters of the Ohio River between McAlpine Locks (Mile 606) and Twelve Mile
Island (Mile 593), only when the McAlpine upper pool gauge is at approximately 13.0
feet or above.

Lower Mississippi River


0036699952:

New Orleans Traffic 156.550 MHz (Ch. 11) The navigable waters of the Lower Mississippi River below 2955.30 N., 8955.60
W. (Saxonholm Light) at 86.0 miles Above Head of Passes (AHP), extending down
river to Southwest Pass, and, within a 12 nautical mile radius around 2854.30 N.,
8925.70 W. (Southwest Pass Entrance Light) at 20.1 miles Below Head of Passes
(BHP).

New Orleans Traffic 156.600 MHz (Ch. 12) The navigable waters of the Lower Mississippi River bounded on the north by a line
drawn perpendicular on the river at 2955.50 N., 9012.77 W. (Upper Twelve Mile
Point) at 109.0 miles AHP and on the south by a line drawn perpendicularly at

509
2955.30 N., 8955.60 W. (Saxonholm Light) at 86.0 miles AHP.

New Orleans Traffic 156.250 MHz (Ch. 05A) The navigable waters of the Lower Mississippi River below 3038.70 N., 9117.50
W. (Port Hudson Light) at 254.5 miles AHP bounded on the south by a line drawn
perpendicular on the river at 2955.50 N., 9012.77 W. (Upper Twelve Mile Point)
at 109.0 miles AHP.

New York003669951:

New York Traffic 156.550 MHz (Ch. 11) The area consists of the navigable waters of the Lower New York Bay bounded on the
For Sailing Plans only east by a line drawn from Norton Point to Breezy Point; on the south by a line
156.600 MHz (Ch. 12). connecting the entrance buoys at the Ambrose Channel, Swash Channel, and Sandy
For vessels at anchor Hook Channel to Sandy Hook Point; and on the southeast including the waters of
Sandy Hook Bay south to a line drawn at latitude 4025.00 N.; then west in the
Raritan Bay to the Raritan River Railroad Bridge, then north into waters of the Arthur
Kill and Newark Bay to the Lehigh Valley Draw Bridge at latitude 4041.90 N.; and
then east including the waters of the Kill Van Kull (KVK) and the Upper New York Bay
north to a line drawn east-west from the Holland Tunnel ventilator shaft at latitude
4043.70 N., longitude 7401.60 W., in the Hudson River; and then continuing
east including the waters of the East River to the Throgs Neck Bridge, excluding the
Harlem River.

New York Traffic 156.700 MHz (Ch. 14) The navigable waters of the Lower New York Bay west of a line drawn from Norton
Point to Breezy Point; and north of a line connecting the entrance buoys of Ambrose
Channel, Swash Channel, and Sandy Hook Channel, to Sandy Hook Point; on the
southeast including the waters of the Sandy Hook Bay south to a line drawn at latitude
4025.00 N.; then west into the waters of Raritan Bay East Reach to a line drawn
from Great Kills Light south through Raritan Bay East Reach LGB #14 to Comfort
Point, NJ; then north including the waters of the Upper New York Bay south of
4042.40 N. (Brooklyn Bridge) and 4043.70 N. (Holland Tunnel Ventilator Shaft);
west through the KVK into the Arthur Kill north of 4038.25 N. (Arthur Kill Railroad
Bridge); then north into the waters of the Newark Bay, south of 4041.95 N. (Lehigh
Valley Draw Bridge).

New York Traffic 156.600 MHz (Ch. 12) The navigable waters of the Raritan Bay south to a line drawn at latitude 4026.00
N.; then west of a line drawn from Great Kills Light south through the Raritan Bay East
Reach LGB #14 to Point Comfort, NJ; then west to the Raritan River Railroad Bridge;
and north including the waters of the Arthur Kill to 4028.25 N. (Arthur Kill Railroad
Bridge); including the waters of the East River north of 4042.40 N. (Brooklyn
Bridge) to the Throgs Neck Bridge, excluding the Harlem River.

Port Arthur003669955:

Port Arthur Traffic 156.050 MHz (Ch. 01A) The navigable waters of the Sabine-Neches Canal south of 2952.70 N.; Port Arthur
Canal; Sabine Pass Channel; Sabine Bank Channel; Sabine Outer Bar Channel; the
offshore safety fairway; and the ICW from High Island to its intersection with the
Sabine-Neches Canal.

Port Arthur Traffic 156.275 MHz (Ch. 65A) The navigable waters of the Neches River; Sabine River; and Sabine-Neches
Waterway north of 2952.70 N.; and the ICW from its intersection with the Sabine
River to MM 260.

Port Arthur Traffic 156.675 MHz (Ch. 73)6 The navigable waters of the Calcasieu Channel; Calcasieu River Channel; and the
ICW from MM 260 to MM 191.

Prince William Sound


003669958:

Valdez Traffic 156.650 MHz (CH. 13) The navigable waters south of 6105.00 N., east of 14720.00 W., north of
6000.00 N., and west of 14630.00 W.; and, all navigable waters in Port Valdez.

Puget Sound:7

Seattle Traffic003669957 156.700 MHz (Ch. 14) The waters of Puget Sound, Hood Canal and adjacent waters south of a line
connecting Nodule Point and Bush Point in Admiralty Inlet and south of a line drawn
due east from the southernmost tip of Possession Point on Whidbey Island to the
shoreline.

Seattle Traffic003669957 156.250 MHz (Ch. 5A) The waters of the Strait of Juan de Fuca east of 12440.00 W. excluding the waters
in the central portion of the Strait of Juan de Fuca north and east of Race Rocks; the
navigable waters of the Strait of Georgia east of 12252.00 W.; the San Juan Island
Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line connecting

510
Nodule Point and Bush Point and all waters east of Whidbey Island north of a line
drawn due east from the southernmost tip of Possession Point on Whidbey Island to
the shoreline.

Tofino Traffic003160012 156.725 MHz (Ch. 74) The waters west of 12440.00 W. within 50 nautical miles of the coast of Vancouver
Island including the waters north of 4800.00 N., and east of 12700.00 W.

Victoria Traffic003160010 156.550 MHz (Ch. 11) The waters of the Strait of Georgia west of 12252.00 W., the navigable waters of
the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf
Island Archipelago, Boundary Pass and Haro Strait.

San Francisco003669956:

San Francisco Traffic 156.700 MHz (Ch. 14) The navigable waters of the San Francisco Offshore Precautionary Area, the
navigable waters shoreward of the San Francisco Offshore Precautionary Area east of
12242.00 W. and north of 3740.00 N. extending eastward through the Golden
Gate, and the navigable waters of San Francisco Bay and as far east as the port of
Stockton on the San Joaquin River, as far north as the port of Sacramento on the
Sacramento River.

San Francisco Traffic 156.600 MHz (Ch. 12) The navigable waters within a 38 nautical mile radius of Mount Tamalpais (3755.80
N., 12234.60 W.) west of 12242.00 W. and south of 3740.00 N. and
excluding the San Francisco Offshore Precautionary Area.

St. Mary's River


003669953:

Soo Traffic 156.600 MHz (Ch. 12) The waters of the St. Mary's River and lower Whitefish Bay from 4557.00 N. (De
Tour Reef Light) to the south, to 4638.70 N. (Ile Parisienne Light) to the north,
except the waters of the St. Mary's Falls Canal and to the east along a line from La
Pointe to Sims Point, within Potagannissing Bay and Worsley Bay.

Notes:

1 on the designated VTS frequency to request advisories, but are


Maritime Mobile Service Identifier (MMSI) is a unique nine-digit
number assigned that identifies ship stations, ship earth stations, not required to monitor the VTS frequency in this sector.
coast stations, coast earth stations, and group calls for use by a
7
digital selective calling (DSC) radio, an INMARSAT ship earth A Cooperative Vessel Traffic Service was established by the
station or AIS. AIS requirements are set forth in 161.21. The United States and Canada within adjoining waters. The
requirements set forth in 161.21 and 164.46 of this subchapter appropriate Center administers the rules issued by both nations;
apply in those areas denoted with an MMSI number, except for however, enforces only its own set of rules within its jurisdiction.
Louisville and Los Angeles/Long Beach. Note, the bridge-to-bridge navigational frequency, 156.650 MHz
(Ch. 13), is not so designated in Canadian waters, therefore users
2 are encouraged and permitted to make passing arrangements on
In the event of a communication failure, difficulties or other safety
factors, the Center may direct or permit a user to monitor and the designated monitoring frequencies.
report on any other designated monitoring frequency or the
bridge-to-bridge navigational frequency, 156.650 MHz (Channel (d) As soon as is practicable, a VTS User shall notify the VTS of
13) or 156.375 MHz (Channel 67), to the extent that doing so any of the following:
provides a level of safety beyond that provided by other means.
The bridge-to-bridge navigational frequency, 156.650 MHz (Ch. (1) A marine casualty as defined in 46 CFR 4.05-1;
13) is used in certain monitoring areas where the level of
reporting does not warrant a designated frequency. (2) Involvement in the ramming of a fixed or floating object;

3 (3) A pollution incident as defined in 151.15 of this chapter;


All geographic coordinates (latitude and longitude) are
expressed in North American Datum of 1983 (NAD 83).
(4) A defect or discrepancy in an aid to navigation;
4
Some monitoring areas extend beyond navigable waters. (5) A hazardous condition as defined in 160.202 of this chapter;
Although not required, users are strongly encouraged to maintain
a listening watch on the designated monitoring frequency in these (6) Improper operation of vessel equipment required by part 164
areas. Otherwise, they are required to maintain watch as stated in of this chapter;
47 CFR 80.148.
(7) A situation involving hazardous materials for which a report is
5
In addition to the vessels denoted in Section 161.16 of this required by 49 CFR 176.48; and
chapter, requirements set forth in subpart B of 33 CFR part 161
also apply to any vessel transiting VMRS Buzzards Bay required (8) A hazardous vessel operating condition as defined in 161.2.
to carry a bridge-to-bridge radiotelephone by part 26 of this
chapter. [CGD 90-020, 59 FR 36324, July 15, 1994]

6 Editorial Note: For Federal Register citations affecting 161.12,


Until otherwise directed, full VTS services will not be available in
the Calcasieu Channel, Calcasieu River Channel, and the ICW see the List of CFR Sections Affected, which appears in the
from MM 260 to MM 191. Vessels may contact Port Arthur Traffic Finding Aids section of the printed volume and at www.fdsys.gov.

511
161.13 VTS Special Area Operating Requirements. VMRS. These reports are consolidated into three reports (sailing
The following operating requirements apply within a VTS Special plan, position, and final).
Area:
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by
(a) A VTS User shall, if towing astern, do so with as short a USCG-2003-14757, 68 FR 39366, July 1, 2003; USCG-2011-
hawser as safety and good seamanship permits. 0257, 76 FR 31838, June 2, 2011]

(b) A VMRS User shall: 161.16 Applicability.


Unless otherwise stated, the provisions of this subpart apply to
(1) Not enter or get underway in the area without prior approval of the following vessels and VMRS Users:
the VTS;
(a) Every power-driven vessel of 40 meters (approximately 131
(2) Not enter a VTS Special Area if a hazardous vessel operating feet) or more in length, while navigating;
condition or circumstance exists;
(b) Every towing vessel of 8 meters (approximately 26 feet) or
(3) Not meet, cross, or overtake any other VMRS User in the area more in length, while navigating; or
without prior approval of the VTS; and
(c) Every vessel certificated to carry 50 or more passengers for
(4) Before meeting, crossing, or overtaking any other VMRS User hire, when engaged in trade.
in the area, communicate on the designated vessel bridge-to-
bridge radiotelephone frequency, intended navigation movements, [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by
and any other information necessary in order to make safe USCG-2003-14757, 68 FR 39366, July 1, 2003]
passing arrangements. This requirement does not relieve a vessel
of any duty prescribed by the International Regulations for 161.17 Definitions.
Prevention of Collisions at Sea, 1972 (72 COLREGS) or the As used in this subpart:
Inland Navigation Rules.
Center means a Vessel Traffic Center or Vessel Movement
Subpart B-Vessel Movement Reporting System Center.
(VMRS)
Published means available in a widely-distributed and publicly
161.15 [Amended] Purpose And Intent. available medium (e.g., VTS User's Manual, ferry schedule,
(a) A Vessel Movement Reporting System (VMRS) is a system Notice to Mariners).
used to monitor and track vessel movements within a VTS or
VMRS area. This is accomplished by requiring that vessels [USCG-2003-14757, 68 FR 39366, July 1, 2003]
provide information under established procedures as set forth in
this part, or as directed by the Center. 161.18 [Amended] Reporting Requirements.
(a) A Center may:
(b) To avoid imposing an undue reporting burden or unduly
congesting radiotelephone frequencies, reports shall be limited to (1) Direct a vessel to provide any of the information set forth in
information which is essential to achieve the objectives of the

Table 161.18(a) (IMO Standard Ship Reporting System);


A ALPHA Ship Name, call sign or ship station identity, and flag.

A 6 digit group giving day of month (first two digits), hours and minutes (last four digits).
B BRAVO Dates and time of event
If other than UTC state time zone used.

A 4 digit group giving latitude in degrees and minutes suffixed with N (north) or S
C CHARLIE Position (south) and a 5 digit group giving longitude in degrees and minutes suffixed with E
(east) or W (west); or.

True bearing (first 3 digits) and distance (state distance) in nautical miles from a clearly
D DELTA Position
identified landmark (state landmark).

E ECHO True course A 3 digit group.

F FOXTROT Speed in knots and tenths of knots A 3 digit group.

G GOLF Port of Departure Name of last port of call.

H HOTEL Date, time and point of entry system Entry time expressed as in (B) and into the entry position expressed as in (C) or (D).

I INDIA Destination and expected time of arrival Name of port and date time group expressed as in (B).

J JULIET Pilot State whether a deep sea or local pilot is on board.

K KILO Date, time and point of exit from system Exit time expressed as in (B) and exit position expressed as in (C) or (D).

L LIMA Route information Intended track.

M MIKE Radio State in full names of communications stations/frequencies guarded.

N NOVEMBER Time of next report Date time group expressed as in (B).

O OSCAR Maximum present static draught in meters 4 digit group giving meters and centimeters.

512
Cargo and brief details of any dangerous cargoes as well as harmful substances and
P PAPA Cargo on board
gases that could endanger persons or the environment.

Q QUEBEC Defects, damage, deficiencies or limitations Brief detail of defects, damage, deficiencies or other limitations.

Brief details of type of pollution (oil, chemicals, etc) or dangerous goods lost overboard;
R ROMEO Description of pollution or dangerous goods lost
position expressed as in (C) or (D).

S SIERRA Weather conditions Brief details of weather and sea conditions prevailing.

Details of name and particulars of ship's representative and/or owner for provision of
T TANGO Ship's representative and/or owner
information.

U UNIFORM Ship size and type Details of length, breadth, tonnage, and type, etc., as required.

V VICTOR Medical personnel Doctor, physician's assistant, nurse, no medic.

W WHISKEY Total number of persons on board State number.

Any other information as appropriate. [i.e., a detailed description of a planned


operation, which may include: its duration; effective area; any restrictions to navigation;
X XRAY Miscellaneous notification procedures for approaching vessels; in addition, for a towing operation:
configuration, length of the tow, available horsepower, etc.; for a dredge or floating
plant: configuration of pipeline, mooring configuration, number of assist vessels, etc.].

(2) Establish other means of reporting for those vessels unable to (d) Intended route;
report on the designated frequency; or
(e) Time and point of entry; and
(3) Require reports from a vessel in sufficient time to allow
advance vessel traffic planning. (f) Dangerous cargo on board or in its tow, as defined in 160.202
of this chapter.
(b) All reports required by this part shall be made as soon as is
practicable on the frequency designated in Table 161.12(c) (VTS [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by
and VMRS Centers, Call Signs/MMSI, Designated Frequencies, USCG-2011-1024, 78 FR 51671, Aug. 21, 2013; USCG-2005-
and Monitoring Areas). 21869, 80 FR 5334, Jan. 30, 2015]

(c) When not exchanging communications, a VMRS User must 161.20 [Amended] Position Report (PR).
maintain a listening watch as described in 26.04(e) of this A vessel must report its name and position:
chapter on the frequency designated in Table 161.12(c) (VTS and
VMRS Centers, Call Signs/MMSI, Designated Frequencies, and (a) Upon point of entry into a VMRS area;
Monitoring Areas). In addition, the VMRS User must respond
promptly when hailed and communicate in the English language. (b) At designated reporting points as set forth in subpart C; or

Note:As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 (c) When directed by the Center.
(156.800 MHz) is not required on vessels subject to the Vessel
Bridge-to-Bridge Radiotelephone Act and participating in a Vessel [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by
Traffic Service (VTS) system when the watch is maintained on USCG-2003-14757, 68 FR 39366, July 1, 2003]
both the vessel bridge-to-bridge frequency and a designated VTS
frequency. 161.21 Automated reporting.
(a) Unless otherwise directed, vessels equipped with an
(d) A vessel must report: Automatic Identification System (AIS) are required to make
continuous, all stations, AIS broadcasts, in lieu of voice Position
(1) Any significant deviation from its Sailing Plan, as defined in Reports, to those Centers denoted in Table 161.12(c) of this part.
161.19, or from previously reported information; or
(b) Should an AIS become non-operational, while or prior to
(2) Any intention to deviate from a VTS issued measure or vessel navigating a VMRS area, it should be restored to operating
traffic routing system. condition as soon as possible, and, until restored a vessel must:

(e) When reports required by this part include time (1) Notify the Center;
information,uch information shall be given using the local time
zone in effect and the 24-hour military clock system. (2) Make voice radio Position Reports at designated reporting
points as required by 161.20(b) of this part; and
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by
USCG-2003-14757, 68 FR 39366, July 1, 2003] (3) Make any other reports as directed by the Center.

161.19 Sailing Plan (SP). [USCG-2003-14757, 68 FR 39366, July 1, 2003]


Unless otherwise stated, at least 15 minutes before navigating a
VTS area, a vessel must report the: 161.22 Final Report (FR).
A vessel must report its name and position:
(a) Vessel name and type;
(a) On arrival at its destination; or
(b) Position;
(b) When leaving a VTS area.
(c) Destination and ETA;
161.23 [Amended] Reporting Exemptions.

513
(a) Unless otherwise directed, the following vessels are exempted [59 FR 36316, July 15, 1994; 61 FR 45323, Aug. 29, 1996]
from providing Position and Final Reports due to the nature of
their operation: 161.30 Vessel Traffic Service Louisville.
The VTS area consists of the navigable waters of the Ohio River
(1) Vessels on a published schedule and route; between McAlpine Locks (Mile 606.8) and Twelve Mile Island
(Mile 593), only when the McAlpine upper pool gauge is at 13.0
(2) Vessels operating within an area of a radius of three nautical feet or above.
miles or less; or
[59 FR 36316, July 15, 1994; 63 FR 35524, June 30, 1998]
(3) Vessels escorting another vessel or assisting another vessel
in maneuvering procedures. 161.35 Vessel Traffic Service Houston/Galveston.
(a) The VTS area consists of the following major waterways and
(b) A vessel described in paragraph (a) of this section must: portions of connecting waterways: Galveston Bay Entrance
Channel; Outer Bar Channel; Inner Bar Channel; Bolivar Roads
(1) Provide a Sailing Plan at least 5 minutes but not more than 15 Channel; Galveston Channel; Gulf ICW and Galveston-Freeport
minutes before navigating within the VMRS area; and Cut-Off from Mile 346 to Mile 352; Texas City Channel; Texas
City Turning Basin; Texas City Canal Channel; Texas City Canal
(2) If it departs from its promulgated schedule by more than 15 Turning Basin; Houston Ship Channel; Bayport Channel; Bayport
minutes or changes its limited operating area, make the Turning Basin; Houston Turning Basin; and the following
established VMRS reports, or report as directed. precautionary areas associated with these waterways.

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD (b) Precautionary areas..
97-023, 62 FR 33364, June 19, 1997; USCG-2003-14757, 68 FR
39367, July 1, 2003] Table 161.35(b)VTS Houston/Galveston Precautionary Areas
Center point
Subpart C-Vessel Traffic Service and Vessel Precautionary area name Radius (yds.)
Movement Reporting System Areas and Latitude Longitude

Reporting Points Bolivar Roads 4000 2920.9 N 9447.0 W

Note:All geographic coordinates contained in part 161 (latitude Red Fish Bar 4000 2929.8 N 9451.9 W
and longitude) are expressed in North American Datum of 1983
(NAD 83). Bayport Channel 4000 2936.7 N 9457.2 W

161.25 Vessel Traffic Service New York Area. Morgans Point 2000 2941.0 N 9459.0 W
The area consists of the navigable waters of the Lower New York
Upper San Jacinto Bay 1000 2942.3 N 9501.1 W
Harbor bounded on the east by a line drawn from Norton Point to
Breezy Point; on the south by a line connecting the entrance Baytown 1000 2943.6 N 9501.4 W
buoys at the Ambrose Channel, Swash Channel, and Sandy Hook
Channel to Sandy Hook Point; and on the southeast including the Lynchburg 1000 2945.8 N 9504.8 W
waters of Sandy Hook Bay south to a line drawn at latitude
4025'N.; then west into waters of the Raritan Bay to the Raritan Carpenters Bayou 1000 2945.3 N 9505.6 W
River Rail Road Bridge; and then north including the waters of the
Jacintoport 1000 2944.8 N 9506.0 W
Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at
latitude 4041.9'N.; and then east including the waters of the Kill Greens Bayou 1000 2944.8 N 9510.2 W
Van Kull and Upper New York Bay north to a line drawn east-west
from the Holland Tunnel Ventilator Shaft at latitude 4043.7'N., Hunting Bayou 1000 2944.3 N 9512.1 W
longitude 7401.6'W. in the Hudson River; and then continuing
east including the waters of the East River to the Throgs Neck Sims Bayou 1000 2943.2 N 9514.4 W
Bridge, excluding the Harlem River.
Brady Island 1000 2943.5 N 9516.4 W
Note: Although mandatory participation in VTSNY is limited to the Buffalo Bayou 1000 2945.0 N 9517.3 W
area within the navigable waters of the United States, VTSNY will
provide services beyond those waters. Prospective users are Note: Each Precautionary Area encompasses a circular area of
encouraged to report beyond the area of required participation in the radius denoted.
order to facilitate advance vessel traffic management in the VTS
area and to receive VTSNY advisories and/or assistance. (c) Reporting points
.
TABLE 161.35(C).--VTS HOUSTON/GALVESTON REPORTING POINTS
Designator Geographic name Geographic description Latitude/ longitude Notes

Galveston Bay Entrance CH Lighted Buoy (LB)


1 Galveston Bay Entrance Channel 29 18.2 N; 94 37.6 W
1C

2 Galveston Bay Entrance Channel Galveston Bay Entrance Channel LB 11 and 12 29 20.6 N; 94 44.6 W

Tows entering HSC also report


E Bolivar Land Cut Mile 349 Intracoastal Waterway (ICW) 29 22.5 N; 94 46.9 W
at HSC LB 25 & 26.

Tows entering HSC also report


W Pelican Cut Mile 351 ICW 29 21.4 N; 94 48.5 W
at HSC LB 25 & 26.

G Galveston Harbor Galveston Channel Lt. 2 29 20.2 N; 94 46.6 W Coast Guard Base.

T Texas City Channel Texas City Channel Lt. 12 29 22.4 N; 94 50.9 W

514
Houston Ship Channel ICW Tow entering HSC from ICW or
X Houston Ship Channel (HSC) LB 25 and 26 29 22.2 N; 94 48.1 W
Intersection Texas Cut Only.

3 Lower Galveston Bay HSC Lt. 31 and LB 32 29 23.8 N; 94 48.9 W

4 Red Fish Bar HSC Lt. 53 & 54 29 30.3 N; 94 52.4 W

P Bayport Ship Channel Bayport Ship Channel Lt. 8 and 9 29 36.8 N; 94 59.5 W Bayport Land Cut.

4A Upper Galveston Bay HSC Lt. 69 and 70 29 34.7 N; 94 55.8 W Tows only.

5 Morgan's Point HSC Lt. 91 29 41.0 N; 94 59.0 W

6 Exxon HSC Lt. 109A 29 43.5 N; 95 01.4 W

7 Lynchburg Ferry crossing 29 45.8 N; 95 04.8 W

8 Shell Oil Boggy Bayou 29 44.1 N; 95 08.0 W

9 Greens Bayou HSC Lt. 152 29 44.8 N; 95 10.1 W

10 Hunting Bayou Hunting Bayou Turning Basin. 29 44.4 N; 95 12.1 W

11 Lyondell Sims Bayou Turning Basin. 29 43.2 N; 95 14.4 W

12 I-610 Bridge I-610 Bridge 29 43.5 N; 95 16.0 W

13 Buffalo Bayou Houston Turning Basin 29 45.0 N; 95 17.4 W

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28331, May 31, 1995; USCG-2000-7223, 65 FR 40058, June
29, 2000; USCG-2007-27887, 72 FR 45904, Aug. 16, 2007]

161.40 Vessel Traffic Service Berwick Bay. the Lower Atchafalaya River.
(a) The VTS area consists of the navigable waters of the following
segments of waterways: the Intracoastal Waterway (ICW) Morgan (b) VTS Special Area. The Berwick Bay VTS Special Area
City to Port Allen Alternate Route from Mile Marker 0 to Mile consists of those waters within a 1000 yard radius of the
Marker 5; the ICW from Mile Marker 93 west of Harvey Lock Burlington Northern/Santa Fe Railroad Bridge located at Mile .03
(WHL) to Mile Marker 102 WHL; the Atchafalaya River Route from MC/PA.
Mile Marker 113 to Mile Marker 122; from Bayou Shaffer Junction
(ICW Mile Marker 94.5 WHL) south one statute mile along Bayou (c) Reporting Points.
Shaffer; and from Berwick Lock northwest one statute mile along

Table 161.40(c)VTS Berwick Bay Reporting Points


Designator Geographic name Geographic description Latitude/longitude Notes

1 Stouts Pass Stouts Point Light 1 Mile 113-Atchafalaya River 294347 N911325 W

2 Berwick Lock Mile 1.9 MC/PA 294310 N911328 W If transiting the Lock.

3 Conrad's Point Junction Buoy 1 Mile 1.5 MC/PA 294232 N911314 W

4 Swift Ships Flat Lake Junction Mile 3 MC/PA 294326 N911222 W

Burlington Northern/Santa Fe Railroad


5 Mile 0.3 MC/PA 294134 N911244 W
Bridge

6 20 Grant Point Junction Bayou Boeuf-Atchafalaya R. Mile 95.5 ICW 294118 N911236 W

7 ICW Overhead Power Cable Mile 96.5 ICW 294043 N911318 W

8 Wax Bayou Junction Light A Mile 98.2W ICW 293929 N911446 W

9 Shaffer Junction ICW-Bayou Shaffer Mile 94.5 ICW 294110 N911138 W

[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995; USCG-1998-3799, 63 FR 35531, June
30, 1998; USCG-2009-0416, 74 FR 27441, June 10, 2009]

161.45 Vessel Traffic Service St. Marys River. east along a line from La Pointe to Sims Point, within
(a) The VTS area consists of the navigable waters of the St. Potagannissing Bay and Worsley Bay.
Marys River and lower Whitefish Bay from 4557' N. (De Tour
Reef Light) to the south, to 4638.7' N. (Ile Parisienne Light) to the (b) Reporting Points
north, except the waters of the St. Marys Falls Canal, and to the

515
TABLE 161.45(b)-VTS ST. MARYS RIVER REPORTING POINTS

[59 FR 36316, July 15, 1994; 60 FR 28326, May 31, 1995; 63 FR 35524, June 30, 1998]

161.50 Vessel Traffic Service San Francisco. (b) VTS Special Area: The Eastern San Juan Island Archipelago
The VTS area consists of all the navigable waters of San VTS Special Area consists of all waters of the eastern San Juan
Francisco Bay Region south of the Mare Island Causeway Bridge Island Archipelago including: Rosario Strait bounded to the south
and the Petaluma River Entrance Channel Daybeacon 19 and by latitude 4826.40 N. (the center of the Precautionary Area
Petaluma River Entrace Channel Light 20 and north of the RB) extending from Lopez Island to Fidalgo Island, and to the
Dumbarton Bridge; its seaward approaches within a 38 nautical north by latitude 4840.57 N. (the center of the Precautionary
mile radius of Mount Tamalpais (37-55.8 N., 122-34.6 W.); Area C ) extending from Orcas Island to Lummi Island;
and its navigable tributaries as far east as the port of Stockton on Guemes Channel; Bellingham Channel; Padilla Bay and southern
the San Joaquin River, as far north as the port of Sacramento on
Bellingham Bay (Samish Bay) south of latitude 4838.42N.
the Sacramento River.
Note: The center of precautionary area RB is not marked by a
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD
buoy. All precautionary areas are depicted on National Oceanic
95-033, 60 FR 28332, May 31, 1995]
and Atmospheric Administration (NOAA) nautical charts.
161.55 Vessel Traffic Service Puget Sound and the
Cooperative Vessel Traffic Service for the Juan de Fuca (c) Additional VTS Special Area Operating Requirements. The
Region. following additional requirements are applicable in the Eastern
The Vessel Traffic Service Puget Sound area consists of the San Juan Island Archipelago VTS Special Area:
navigable waters of the United States bounded by a line drawn
from the Washington State coastline at 482308 N., 124 (1) A vessel engaged in towing shall not impede the passage of a
4337 W. on Cape Flattery to the Cape Flattery Light at 48 vessel of 40,000 dead weight tons or more.
2330 N., 1244412 W. on Tatoosh Island, due west to
(2) A vessel of less than 40,000 dead weight tons is exempt from
the U.S. Territorial Sea Boundary; thence northward along the the provision set forth in 161.13(b)(1) of this part.
U.S. Territorial Sea Boundary to its intersection with the
U.S./Canada International Boundary; thence east along the (3) A vessel of 100 meters or more in length is exempt from the
U.S./Canada International Boundary through the waters known as provisions set forth in 161.13(b)(3) of this part.
the Strait of Juan de Fuca, Haro Strait, Boundary Pass, and the
Strait of Georgia to the Washington State coastline at 4900 (4) Approval will not be granted for:
06 N., 1224518 W. (International Boundary Range C
Rear Light). This area includes: Puget Sound, Hood Canal, (i) A vessel of 100 meters or more in length to meet or overtake a
Possession Sound, the San Juan Island Archipelago, Rosario vessel of 40,000 dead weight tons or more;
Strait, Guemes Channel, Bellingham Bay, the U.S. waters of the
Strait of Juan de Fuca and the Strait of Georgia, and all waters (ii) A vessel of 40,000 dead weight tons or more to meet or
adjacent to the above. overtake a vessel of 100 meters or more in length;

(a) Vessel Traffic Service Puget Sound participates in a (iii) A vessel of 100 meters or more in length to cross or operate
U.S./Canadian Cooperative Vessel Traffic Service (CVTS) to within 2,000 yards (except when crossing astern) of a vessel of
jointly manage vessel traffic in the Juan de Fuca Region. The 40,000 deadweight tons or more; or
CVTS for the Juan de Fuca Region consists of all waters of the
Strait of Juan de Fuca and its offshore approaches, southern (iv) A vessel of 40,000 dead weight tons or more to cross or
Georgia Strait, the Gulf and San Juan Archipelagos, Rosario operate within 2,000 yards (except when crossing astern) of a
Strait, Boundary Pass and Haro Strait, bounded on the northwest vessel of 100 meters or more in length.
by 483545 N.; and on the southwest by 482330 N.;
and on the west by the rhumb line joining 483545 N., (d) Reporting Point. Inbound vessels in the Strait of Juan de Fuca
1244730 W. with 482330 N., 1244837 W.; upon crossing 124-W.
and on the northeast in the Strait of Georgia, by a line drawn
along 49 N. from Vancouver Island to Semiahmoo Bay; and on [CGD 90-020, 59 FR 36324, July 15, 1994, as amended by
the southeast, by a line drawn from McCurdy Point on the USCG-1998-3799, 63 FR 35531, June 30, 1998; USCG-2011-
Quimper Peninsula to Point Partridge on Whidbey Island. 1024, 78 FR 51671, Aug. 21, 2013; USCG-2014-0410, 79 FR
Canadian and United States Vessel Traffic Centers (Tofino, B.C., 38442, July 7, 2014]
Canada, Vancouver, BC, Canada and Seattle, WA) manage
traffic within the CVTS area irrespective of the International 161.60 Vessel Traffic Service Prince William Sound.
Boundary. (a) The VTS area consists of the navigable waters of the United
States north of a line drawn from Cape Hinchinbrook Light to

516
Schooner Rock Light, comprising that portion of Prince William (2) For a vessel listed in paragraph (c)(3) of this section-
Sound between 14630' W. and 14720' W. and includes Valdez
Arm, Valdez Narrows and Port Valdez. (2)(i) Approval to enter this area will not be granted to a vessel
when a tank vessel of more than 20,000 deadweight tons is
(b) The Valdez Arm VTS Special Area consists of the waters of navigating therein;
the Valdez Arm Traffic Separation Scheme (described in
167.1703 of this chapter); the waters northeast of a line drawn (2)(ii) A northbound vessel shall remain south of 61 N. until the
from shoreline to shoreline through the points 6058.04'N, VTS has granted permission to proceed; and
14646.52'W and 6058.93'N, 14648.86'W; and southwest of a
line bearing 307 True from Tongue Point at 6102.10'N, (2)(iii) A southbound vessel shall remain in Port Valdez east of
14640.00'W. 14635' W. and north of 6106' N. until the VTS has granted
permission to proceed.
(c) The Valdez Narrows VTS Special Area consists of those
waters of Valdez Arm, Valdez Narrows, and Port Valdez northeast (3) Paragraph (c)(2) of this section applies to-
of a line bearing 307 True from Tongue Point at 6102'06" N.,
14640' W.; and southwest of a line bearing 307 True from (3)(i) A vessel of 1600 gross tons or more; and
Entrance Island Light at 6105'06" N., 14636'42" W.
(3)(ii) A towing vessel of 8 meters or more in length, except for a
(d) Additional VTS Special Area Operating Requirements. The vessel performing duties as an escort vessel as defined in 33
following additional requirements are applicable in the Valdez CFR Part 168.
Narrows VTS Special Area:
(e) Reporting Points.
(1) No VMRS User shall proceed north of 61 N. without prior
approval of the VTS.

TABLE 161.60(d)-VTS PRINCE WILLIAM SOUND REPORTING POINTS


Designator Geographic name Geographic description Latitude/longitude Notes
1A Cape Hinchinbrook. Cape Hinchinbrook 6016'18"N; 14645'30" W Northbound Only.
1B Schooner Rock. Schooner Rock 6018'42"N; 14651'36" W Southbound Only.
2A Naked Island Naked Island 6040'00"N; 14701'24" W Northbound Only.
2B Naked Island Naked Island 6040'00"N; 14705'00" W Southbound Only.
3A Bligh Reef Bligh Reef Light (Pilot Embark). 6050'36"N; 14657'30" W Northbound Only.
3B Bligh Reef Bligh Reef Light (Pilot Disembark). 6051'00"N; 14701'24" W Southbound Only.
4A Rocky Point Rocky Point 6057'48"N; 14647'30" W Northbound Only.
4B Rocky Point Rocky Point 6057'48"N; 14650'00" W Southbound Only.
5 Entrance Island Entrance Island Light 6105'24"N; 114637'30"W
[59 FR 36316, July 15, 1994; 60 FR 28326, May 31, 1995; 63 FR 35524, June 30, 1998; 67 FR 53740, Aug. 19, 2002]

161.65 Vessel Traffic Service Lower Mississippi River. Note to 161.65(c)(1): To provide advance notification to
(a) The Vessel Traffic Service (VTS) area consists of navigable downbound vessels, a traffic repeater signal of Gretna Light is
waters of the Lower Mississippi River (LMR) below 3038.7 N located at Westwego, LA, 2954.8 N; 9008.3 W (101.4 miles
9117.5 W (Port Hudson Light at 254.5 miles Above Head of AHP).
Passes (AHP)), the Southwest Pass, and those within a 12-
nautical mile radius around 2854.3 N 8925.7 W (Southwest (2) A vessel awaiting a signal change or VTS directions must
Pass Entrance Light at 20.1 miles Below Head of Passes). keep clear of other vessels transiting the area.

(b) The Algiers Point VTS Special Area consists of the (d) The Eighty-one Mile Point VTS Special Area consists of
navigable waters of the LMR bounded on the north by a line navigable waters of the LMR between 167.5 miles AHP and 187.9
drawn from 2957.62 N 9002.61 W to 2957.34 N miles AHP.
9002.60 W and on the south by a line drawn from 2956.89
(e) Additional Eighty-one Mile Point VTS Special Area
N 9003.72 W to 2956.93 N 9003.34 W (95.0 and 93.5 Operating Requirements. The following additional requirements
miles AHP) during periods of high waterthat is, when the are applicable in the Eighty-one Mile Point VTS Special Area:
Carrolton Gage reads 8.0 feet or above on a rising stage or 9.0
feet or above on a falling stage, or under any other water (1) Prior to proceeding upriver past 167.5 miles AHP, Sunshine
conditions the Captain of the Port (COTP) deems necessary. Bridge, vessels must contact VTS New Orleans on VHF Channel
5A to check-in. Vessels must provide name and destination,
(c) Additional Algiers Point VTS Special Area Operating confirm proper operation of their automated identification system
Requirements. The following additional requirements are (AIS) if required under 33 CFR 164.46, and, if applicable, size of
applicable in the Algiers Point VTS Special Area: tow and number of loaded and empty barges. At 173.7 miles AHP,
Bringier Point Light, ascending vessels must contact VTS New
(1) A vessel movement reporting system (VMRS) user must abide Orleans and provide a follow-on position check. At both check-in
by the signals of the Governor Nicholls Street Wharf, 2957.6 N and follow-on position check, VTS New Orleans will advise the
9003.4 W, and Gretna, 2955.5 N 9003.7 W, Control vessel on traffic approaching Eighty-one Mile Point.
Lights (94.3 and 96.6 miles AHP, respectively) in the following
manner: (2) Prior to proceeding downriver past 187.9 miles AHP COS-
MAR Lights, vessels must contact VTS New Orleans on VHF
(i) Green LightMay proceed as intended. Channel 5A to check-in. Vessels must provide name and
destination, confirm proper operation of their AIS if required under
(ii) Red LightDo not proceed, unless otherwise directed by the 33 CFR 164.46, and, if applicable, size of tow and number of
VTS. loaded and empty barges. At 183.9 miles AHP, Wyandotte
Chemical Dock Lights, descending vessels must contact VTS
(iii) No LightDo not proceed, immediately notify VTS and await New Orleans and provide a follow-on position check. At both
further directions.

517
check-in and follow-on position check, VTS New Orleans will (4) Fleet vessels must checkin with VTS New Orleans if they
advise the vessel on traffic approaching Eighty-one Mile Point. leave their respective fleet or if they move into the main channel.
Fleet vessels are not required to checkin if they are operating
(3) All vessels getting underway between miles 167.5 and 187.9 exclusively within their fleet.
AHP must check-in with VTS New Orleans on VHF Channel 5A
immediately prior to getting underway and must comply with the (f) Reporting Points. Table 161.65(f) lists the VTS Lower
respective ascending and descending check-in and follow-on Mississippi River Reporting Points.
points listed in paragraphs (e)(1) and (2) of this section.

Table 161.65(f)VTS Lower Mississippi River Reporting Points

Designator Geographic name Geographic description Latitude/longitude/mile marker Notes

A Algiers Canal Forebay 88.0 AHP 2955.40 N; 8957.7 W Upbound transiting Algiers Point Special Area.

B Industrial Canal 92.7 AHP 2957.2 N; 9001.68 W Upbound transiting Algiers Point Special Area.

C Crescent Towing Smith Fleet 93.5 AHP 2957.50 N; 9002.62 W Upbound Towing vessels transiting Algiers Point Special Area.

D Marlex Terminal (Naval Ships) 99.0 AHP 2954.65 N; 9005.87 W Downbound transiting Algiers Point Special Area.

E Huey P Long Bridge 106.1 AHP 2956.6 N; 9010.1 W Downbound transiting Algiers Point Special Area.

[USCG-1998-4399, 75 FR 66314, Oct. 28, 2010, as amended at 76 FR 31230, May 31, 2011]

161.70 Vessel Traffic Service Port Arthur.


(a) The VTS area consists of the navigable waters of the United Note: Although mandatory participation in VTS Port Arthur is
States to the limits of the territorial seas bound by the following limited to the area within the navigable waters of the United
points: 3010.00' N., 9237.00' W.; then south to 2910.00' N., States, prospective users are encouraged to report at the safe
9237.00' W.; then west to 2910.00' N., 9352.25' W.; then water marks in order to facilitate vessel traffic management in the
northwest to 2933.70' N., 9421.25' W.; then north to 3010.00' VTS Area and to receive advisories or navigational assistance.
N., 9421.25' W.; then east along the 3010' N. latitude to the
origination point.

(b) Precautionary areas.

TABLE 161.70(B)--VTS PORT ARTHUR PRECAUTIONARY AREAS


--------------------------------------------------------------------------------------------------------
Precautionary area Center point Center point
name Radius latitude longitude
--------------------------------------------------------------------------------------------------------
Petco Bend(1)........ 2000 yds 3000.80' N. 9357.60' W.
Black Bayou(1)....... 2000 yds 3000.00' N. 9346.20' W.
Orange Cut(1)........ 2000 yds 3003.25' N. 9343.20' W.
Neches River 2000 yds 2958.10' N. 9351.25' W.
Intersection(1).
Texaco Island 2000 yds 2949.40' N. 9457.55' W.
Intersection(1).
--------------------------------------------------------------------------------------------------------
Sabine-Neches N/A All waters of the Sabine-Neches
Waterway. Waterway between the Texaco Island
Precautionary Area and the Humble
Island Precautionary Area.
--------------------------------------------------------------------------------------------------------
1 Precautionary Area encompasses a circular area of the radius denoted around the center point with the
exception of the Sabine-Neches Waterway.

(c) Reporting points (Inbound).

TABLE 161.70(C)INBOUND
--------------------------------------------------------------------------------------------------------
Designator Geographic name Geographic description Latitude/longitude Notes
--------------------------------------------------------------------------------------------------------
1............ Sabine Bank Channel "SB" Sabine Bank Sea Buoy...... 2925.00' Sailing Plan Report
Buoy. N.9340.00' W.
2............ Sabine Pass Buoys "29/ Sabine Pass Buoys "29/ 2935.90'
30". 30". N.9348.20' W.
3............ Port Arthur Canal Light Keith Lake................ 2946.50'
"43". N.9356.47' W.
4............ North Forty GIWW Mile 279. North Forty............... 2956.40'
N.9352.10' W.
5............ FINA Highline Neches River FINA Highline............. 2959.10'
Light "19". N.9354.30' W.
6............ Ready Reserve Fleet Channel at Cove Mid-Point. 3000.80'

518
Highline. N.9359.90' W.
7............ Sabine River MM 268....... 268 Highline.............. 3002.20'
N.9344.30' W.

(d) Reporting points (Outbound).


TABLE 161.70(D)OUTBOUND

--------------------------------------------------------------------------------------------------------
Designator Geographic name Geographic description Latitude/longitude Notes
--------------------------------------------------------------------------------------------------------
1............ Sabine River Light "2".. Black Bayou.............. 3000.00'
N.9346.25' W.
2............ Ready Reserve Fleet Channel at Cove Mid-Point. 3000.80'
Highline. N.9359.90' W.
3............ FINA Highline Neches River FINA Highline............. 2959.09'
Light "19". N.9354.30' W.
4............ GIWW Mile 285............. The School House.......... 2952.70' Sector Shift
N.9355.55' W.
5............ Port Arthur Canal Light Keith Lake................ 2946.50'
"43". N.9356.47' W.
6............ Sabine Pass Buoys "29/ Sabine Pass Buoys "29/ 2935.90'
30". 30". N.9348.20' W.
7............ Sabine Bank Channel "SB" Sabine Bank Sea Buoy...... 2925.00' Final Report
Buoy. N.9340.00' W.
--------------------------------------------------------------------------------------------------------

(e) Reporting points (Eastbound).

TABLE 161.70(E)--EASTBOUND (ICW)

--------------------------------------------------------------------------------------------------------
Designator Geographic name Geographic description Latitude/longitude
Notes
--------------------------------------------------------------------------------------------------------
1............ GIWW Mile 295............. ICW MM 295................ 2947.25' Sailing Plan Report.
N.9401.10' W.
2............ North Forty GIWW Mile 279. North Forty............... 2956.40'
N.9352.10' W.
3............ Sabine River MM 268....... 268 Highline.............. 3002.20'
N.9344.30' W.
4............ GIWW Mile 260............. 260 Highline.............. 3003.50' Final Report.
N.9337.50' W.
--------------------------------------------------------------------------------------------------------

(f) Reporting points (Westbound).

TABLE 161.70(F)--WESTBOUND (ICW)


----------------------------------------------------------------------------------------------------------
Designator Geographic name Geographic description Latitude/longitude
Notes
----------------------------------------------------------------------------------------------------------
1............ GIWW Mile 260............. 260 Highline.............. 3003.50' Sailing Plan Report.
N.9337.50' W.
2............ Sabine River Light "2".... Black Bayou............... 3000.03'
N.9346.18' W.
3............ GIWW Mile 285............. The School House.......... 2952.71' Sector Shift.
N.9355.55' W.
4............ GIWW Mile 295............. ICW MM 295................ 2946.20' Final Report.
N.9402.60' W.
----------------------------------------------------------------------------------------------------------

(g) Reporting points (Offshore Safety Fairway).

TABLE 161.70(G)--OFFSHORE SAFETY FAIRWAY


--------------------------------------------------------------------------------------------------------
Designator Geographic name Geographic description Latitude/longitude
Notes
--------------------------------------------------------------------------------------------------------
1............ Sabine Pass Safety East Dogleg............... 2935.00'
Fairway--East. N.9328.00' W.
2............ Sabine Pass Safety West Dogleg............... 2928.00'
Fairway--West. N.9358.00' W.
--------------------------------------------------------------------------------------------------------

519
Part 162-Inland Waterways Navigation Regulations
Table of Contents Authority: 33 U.S.C. 1231; Department of Homeland Security
Delegation No. 0170.1.
Sec.
162.1 General. Source: CGD 75-082, 42 FR 51759, Sept. 29, 1977, unless
162.5 Definitions otherwise noted.
162.15 Manhasset Bay, N.Y.; Seaplane Restricted Area.
162.20 Flushing Bay Near La Guardia Airport, Flushing, N.Y.;
Restricted Area. 162.1 General.
162.30 Channel Of Tuckerton Creek, N.J.; Navigation. Geographic coordinates expressed in terms of latitude or
162.35 Channel Of Christina River, Del.; Navigation. longitude, or both, are not intended for plotting on maps or charts
162.40 Inland Waterway From Delaware River To Chesapeake whose referenced horizontal datum is the North American Datum
Bay, Del. And Md. (Chesapeake And Delaware Canal). of 1983 (NAD 83), unless such geographic coordinates are
162.65 All Waterways Tributary To The Atlantic Ocean South expressly labeled NAD 83. Geographic coordinates without the
Of Chesapeake Bay And All Waterways Tributary To NAD 83 reference may be plotted on maps or charts referenced
The Gulf Of Mexico East And South Of St. Marks, Fla. to NAD 83 only after application of the appropriate corrections
162.75 All Waterways Tributary To The Gulf Of Mexico (Except that are published on the particular map or chart being used.
The Mississippi River, Its Tributaries, South And
Southwest Passes And Atchafalaya River) From St. [CGD 86-082, 52 FR 33811, Sept. 8, 1987]
Marks, Fla., To the Rio Grande.
162.80 Mississippi River Below Mouth Of Ohio River, Including 162.5 Definitions.
South And Southwest Passes. The following definition applies to this part:
162.85 Yazoo Diversion Canal, Vicksburg, Miss., From Its
Mouth At Kleinston Landing To Fisher Street; Merchant mariner credential or MMC means the credential
Navigation. issued by the Coast Guard under 46 CFR part 10. It combines the
162.90 White River, Arkansas Post Canal, Arkansas River, And individual merchant mariner's document, license, and certificate of
Verdigris River Between Mississippi River, Ark., And registry enumerated in 46 U.S.C. subtitle II part E as well as the
Catoosa, Okla.; Use, administration, And Navigation. STCW endorsement into a single credential that serves as the
162.100 Ohio River At Louisville, KY. mariner's qualification document, certificate of identification, and
162.105 Missouri River; Administration And Navigation. certificate of service.
162.110 Duluth-Superior Harbor, Minnesota And Wisconsin.
162.115 Keweenaw Waterway, Mich. [USCG-2006-24371, 74 FR 11212, Mar. 16, 2009]
162.117 St. Marys River, Sault Ste. Marie, Michigan.
162.120 Harbors On Lake Michigan. 162.15 Manhasset Bay, N.Y.; Seaplane Restricted Area.
162.125 Sturgeon Bay And The Sturgeon Bay Ship Canal, (a) The restricted area. An area in Manhasset Bay between the
Wisconsin. shore at Manorhaven on the north and the southerly limit line of
162.130 Connecting Waters From Lake Huron To Lake Erie; the special anchorage area in Manhasset Bay, west area at
General Rules. Manorhaven (described in 110.60 of this chapter), on the south;
162.132 Connecting Waters From Lake Huron To Lake Erie; its axis being a line bearing 16650 true from latitude 40
Communications Rules.
5017.337 N, longitude 734303.877 W, which point is on the
162.134 Connecting Waters From Lake Huron To Lake Erie;
south side of Orchard Beach Boulevard at Manorhaven; and
Traffic Rules.
being 100 feet wide for a distance of 380 feet in a southerly
162.136 Connecting Waters From Lake Huron To Lake Erie;
direction from the south side of Orchard Beach Boulevard, and
Anchorage Grounds.
thence flaring to a width of 300 feet at the southerly limit line.
162.138 Connecting Waters From Lake Huron To Lake Erie;
Speed Rules.
(b) The regulations.
162.140 Connecting Waters From Lake Huron To Lake Erie;
Miscellaneous Rules.
(1) Vessels shall not anchor or moor within the restricted area.
162.145 Monroe Harbor, Mich.
162.150 Maumee Bay And River, Ohio.
(2) All vessels traversing the area shall pass directly through
162.155 Sandusky And Huron Harbors, Ohio.
without unnecessary delay, and shall give seaplanes the right-of-
162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula, And
way at all times.
Conneaut Harbors, Ohio.
162.165 Buffalo And Rochester Harbors, New York.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by
162.175 Black Rock Canal And Lock At Buffalo, New York.
USCG-2008-0179, 73 FR 35016, June 19, 2008]
162.195 Santa Monica Bay, Calif.; Restricted Area.
162.200 Marina Del Rey, Calif.; Restricted Area.
162.20 Flushing Bay Near La Guardia Airport, Flushing, N.Y.;
162.205 Suisun Bay, San Joaquin River, Sacramento River, And
Restricted Area.
Connecting Waters, CA.
(a) The area. An area in the main channel in Flushing Bay
162.225 Columbia And Willamette Rivers, Washington And
extending for a distance of 300 feet on either side of the extended
Oregon; Administration And Navigation.
center line of Runway No. 13-31 at La Guardia Airport.
162.235 Puget Sound Area, Wash.
162.240 Tongass Narrows, Alaska; Navigation.
(b) The regulations.
162.245 Kenai River, Kenai, Alaska; Use, Administration, And
Navigation.
(1) All vessels traversing the area shall pass directly through
162.250 Port Alexander, Alaska; Speed Of Vessels.
without unnecessary delay.
162.255 Wrangell Narrows, Alaska; Use, Administration, And
Navigation.
(2) No vessels having a height of more than 35 feet with reference
162.260 Channel Leading To San Juan Harbor, P.R.; Use,
to the plane of mean high water shall enter or pass through the
Administration, And Navigation.
area whenever visibility is less than one mile.
162.270 Restricted Areas In Vicinity Of Maritime Administration
Reserve Fleets.

520
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by structures thereon, other sites for Government structures and for
USCG-2011-0257, 76 FR 31838, June 2, 2011] the accommodation and use of employees of the United States,
and rights of way and spoil disposal areas to the extent of Federal
162.30 Channel Of Tuckerton Creek, N.J.; Navigation. interest therein.
(a) Power boats or other vessels propelled by machinery shall not
proceed at any time within the limits of these waters at a greater (3) Vessels and rafts. The term "vessel" as used in this section
speed than 8 statute miles per hour. includes all floating things moved over these waterways other
than rafts.
162.35 Channel Of Christina River, Del.; Navigation.
(a) That vessels of over 20 tons capacity, propelled by machinery, (b) Waterways
shall not proceed at any time within the limits of these waters at a
greater speed than 8 statute miles per hour. (1) Fairway. A clear channel shall at all times be left open to
permit free and unobstructed navigation by all types of vessels
162.40 Inland Waterway From Delaware River To and rafts that normally use the various waterways or sections
Chesapeake Bay, Del. And Md. (Chesapeake And Delaware thereof. The District Commander may specify the width of the
Canal). fairway required in the various waterways under his charge.
(a) Applicability. The regulations in this section are applicable to
that part of the inland waterway from Delaware River to (2) Stoppage in waterway, anchorage or mooring.
Chesapeake Bay, Del. and Md., between Reedy Point, Delaware
River, and Old Town Point Wharf, Elk River. (i) No vessels or rafts shall anchor or moor in any of the land cuts
or other narrow parts of the waterway, except in case of an
(b) Speed. No vessel in the waterway shall be raced or crowded emergency. Whenever it becomes necessary for a vessel or raft
alongside another vessel. Vessels of all types, including pleasure to stop in any such portions of the waterway it shall be securely
craft, are required to travel at all times at a safe speed throughout fastened to one bank and as close to the bank as possible. This
the canal and its approaches so as to avoid damage by suction or shall be done only at such a place and under such conditions as
wave wash to wharves, landings, riprap protection, or other boats, will not obstruct or prevent the passage of other vessels or craft.
or injury to persons. Pilots and vessel operators transiting the Stoppages shall be only for such periods as may be necessary.
canal and its approaches are warned that violation of this rule
may result in having their privilege to transit the canal suspended. (ii) No vessel or raft will be allowed to use any portion of the
Passages of vessels through the canal will be monitored and fairway as a mooring place except temporarily as authorized
specific cases will be investigated where damage by suction or above without the written permission from the District Commander.
wave wash does occur. Owners and operators of yachts,
motorboats, rowboats and other craft are cautioned that large (iii) When tied up, all vessels must be moored by bow and stern
deep draft ocean-going vessels and other large commercial lines. Rafts and tows shall be secured at sufficiently close
vessels ply the canal, and such owners and operators should be intervals to insure their not being drawn away from the bank by
particularly careful to moor or anchor well away from the main winds, currents or the suction of passing vessels. Tow lines shall
ship channels, with moorings and lines which are sufficient and be shortened so that the different parts of the tow shall be as
proper. close together as possible. In narrow sections, no vessel or raft
shall be tied abreast of another.
(c) Right-of-way. All vessels proceeding with the current shall
have the right-of-way over those proceeding against the current. (iv) Lights shall be displayed in accordance with provisions of the
Large vessels or tows must not overtake and attempt to pass Navigation Rules, International-Inland, Commandant Instruction
other large vessels or tows in the waterway. All small pleasure M16672.2 (series).
craft shall relinquish the right-of-way to deeper draft vessels,
which have a limited maneuvering ability due to their draft and (v) No vessel, even if fastened to the bank as prescribed in
size. paragraph (b)(2)(i) of this section, shall be left without a sufficient
crew to care for it properly.
(d) Stopping in waterway. Vessels will not be permitted to stop
or anchor in the ship channel. (vi) Vessels will not be permitted to load or unload in any of the
land cuts except as a regular established landing or wharf without
(e) Water skiing. Water skiing in the waterway is prohibited written permission secured in advance from the District
between Reedy Point and Welch Point. Commander.

(f) Sailboats. Transiting the canal by vessels under sail is not (vii) No vessel, regardless of size, shall anchor in a dredged
permitted between Reedy Point and Welch Point. channel or narrow portion of a waterway for the purpose of fishing,
if navigation is obstructed, thereby.
NOTE: The Corps of Engineers also has regulations dealing with
this section in 33 CFR Part 207. (viii) Except in cases of emergency the dropping of anchors,
weights, or other ground tackle, within areas occupied by
162.65 All Waterways Tributary To The Atlantic Ocean South submarine cable or pipe crossings, is prohibited. Such crossings
Of Chesapeake Bay And All Waterways Tributary To The Gulf will ordinarily be marked by signboards on each bank of the shore
Of Mexico East And South Of St. Marks, Fla. or indicated on coast charts.
(a) Description. This section applies to the following:
(3) Speed.
(1) Waterways. All navigable waters of the United States, natural
or artificial, including bays, lakes, sounds, rivers, creeks, (i) Vessels shall proceed at a speed which will not endanger other
intracoastal waterways, as well as canals and channels of all vessels or structures and will not interfere with any work in
types, which are tributary to or connected by other waterways with progress incident to maintaining, improving, surveying or marking
the Atlantic Ocean south of Chesapeake Bay or with the Gulf of the channel.
Mexico east and south of St. Marks, Florida.
(ii) Official signs indicating limiting speeds through critical portions
(2) United States property. All river and harbor lands owned by of the waterways shall be strictly obeyed.
the United States in or along the waterways described in
paragraph (a)(1) of this paragraph, including lock sites and all (iii) Vessels approaching and passing through a bridge shall so

521
govern their speed as to insure passage through the bridge (b) Waterways:
without damage to the bridge or its fenders.
(1) A clear channel shall at all times be left open to permit free
(4) Assembly and handling of tows. and unobstructed navigation by all types of vessels and tows
normally using the various waterways covered by the regulations
(i) All vessels drawing tows and equipped with rudders shall use of this section
two tow lines or a bridle and shorten them to the greatest possible
extent so as to have full control at all times. The various parts of a (2) Fairway: The District Commander may specify the width of the
tow shall be securely assembled with the individual units fairway required in the various waterways under his charge.
connected by lines as short as practicable. If necessary, as in the
case of lengthy or cumbersome tows or tows in restricted (3) Anchoring or mooring:
channels, the District Commander may require that tows be
broken up and may require the installation of a rudder, drag or (i) Vessels or tows shall not anchor or moor in any of the land cuts
other approved steering device on the tow in order to avoid or other narrow parts of the waterway, except in an emergency, or
obstructing navigation or damaging the property of others, with permission of the District Commander. Whenever it becomes
including aids to navigation maintained by the United States or necessary for a vessel or tow to stop in any such portions of the
under its authorization, by collision or otherwise. waterway, it shall be securely fastened to one bank and as close
to the bank as possible. This shall be done only at such a place
(ii) No tow shall be drawn by a vessel that has insufficient power and under such conditions as will not obstruct or prevent the
or crew to permit ready maneuverability and safe handling. passage of other vessels or tows. Stoppages shall be only for
such periods as may be necessary.
(iii) Tows desiring to pass a bridge shall approach the opening
along the axis of the channel so as to pass through without (ii) When tied up individually, all vessels and tows shall be
danger of striking the bridge or its fenders. No vessel or tow shall moored by bow and stern lines. Tows shall be secured at
navigate through a drawbridge until the movable span is fully sufficiently frequent intervals to insure their not being drawn away
opened. form the bank by winds, currents, or the suction of passing
vessels. Lines shall be shortened so that the various barges in a
(iv) In the event that it is evident to the master of a towing vessel tow will be as close together as possible.
that a tow cannot be safely handled through a bridge, it will be
brought to anchor and the towed vessels will be taken through the (iii) Lights shall be displayed in accordance with provisions of the
bridge in small units, or singly if necessary, or the tow will wait Navigation Rules, International-Inland, Commandant Instruction
until navigation conditions have improved to such an extent that M16672.2 (series).
the tow can pass through the bridge without damage.
(iv) Whenever any vessel or tow is moored to the bank
(5) Projections from vessels. No vessel carrying a deck load (paragraph (b)(3)(i) of this section) at least one crew member
which overhangs or projects over the side of said vessel, or shall always remain on board to see that proper signals are
whose rigging projects over the side of the vessel so as to displayed and that the vessel or tow is properly moored at all
endanger passing vessels, wharves or other property, will enter or times.
pass through any of the narrow parts of the waterway.
(v) No vessel, regardless of size, shall anchor in a dredged
(6) Meeting and passing. Vessels, on meeting or overtaking, channel or narrow portion of a waterway for the purpose of fishing
shall give the proper signals and pass in accordance with the if navigation is obstructed thereby.
Navigation Rules, International-Inland, Commandant Instruction
M16672.2 (series). Rafts shall give to vessels the side demanded (4) Speed: Speeding in narrow sections is prohibited. Official
by proper signal. All vessels approaching dredges or other plant signs indicating limited speeds shall be obeyed. Vessels shall
engaged on improvements to a waterway, shall give the signal for reduce speed sufficiently to prevent damage when passing other
passing and slow down sufficiently to stop if so ordered or if no vessels or structures in or along the waterway
answering signal is received. On receiving the answering signal, .
they shall then proceed to pass at a speed sufficiently slow to (5) Size, assembly, and handling of tows:
insure safe navigation.
(i) On waterways 150 feet wide or less, tows which are longer
NOTE: The Corps of Engineers also has regulations dealing with than 1,180 feet, including the towing vessel, but excluding the
this section in 33 CFR Part 207. length of the hawser, or wider than one-half of the bottom width of
the channel or 55 feet, whichever is less will not be allowed,
[59 FR 39962, Aug. 5, 1994; 65 FR 40052, June 29, 2000] except when the District Commander has given special
permission or the waterway has been exempted from these
162.75 All Waterways Tributary To The Gulf Of Mexico restrictions by the District Commander. Before entering any
(Except The Mississippi River, Its Tributaries, South And narrow section of the Gulf Intracoastal Waterway, tows in excess
Southwest Passes And Atchafalaya River) From St. Marks, of one-half the channel width, or 55 feet, will be required to stand
Fla., To The Rio Grande. by until tows which are less than one-half the channel width or 55
(a) The regulations in this section shall apply to: feet wide have cleared the channel. When passing is necessary in
narrow channels, overwidth tows shall yield to the maximum.
(1) Waterways. All navigable waters of the U.S. tributary to or Separate permission must be received from the District
connected by other waterways with the Gulf of Mexico between St. Commander for each overlength or overwidth movement. In
Marks, Fla., and the Rio Grande, Tex. (both inclusive), and the addition, the following exceptions are allowed:
Gulf Intracoastal Waterway; except the Mississippi River, its
tributaries, South and Southwest Passes, and the Atchafalaya (ii) Gulf Intracoastal WaterwayBetween mile 6.2 EHL (Inner
River above its junction with the Morgan City-Port Allen Route. Harbor Navigation Canal Lock) and mile 33.6 EHL tows of 78 feet
in width will be allowed.
(2) Bridges, wharves, and other structures. All bridges,
wharves, and other structures in or over these waterways. (iii) Gulf Intercoastal WaterwayBetween mile 33.6 EHL and the
Mobile Bay Ship Channel, tows of 108 feet in width will be allowed
(3) Vessels. The term vessels as used in this section includes if under 750 feet in length including the towboat but excluding the
all floating craft other than rafts. length of the hawser.

522
(iv) Gulf Intracoastal WaterwayMobile Bay Ship Channel to St. securely and adequately moored.
Marks, Fla., for tows made up of empty barges on the off or
shallow side, a width of 75 feet will be allowed. (2) Vessels may be moored any time at facilities constructed in
accordance with an approved navigation permit or as authorized
(v) All vessels pulling tows not equipped with rudders in restricted by the District Commander. When so moored, each vessel shall
channels and land cuts shall use two towlines, or a bridle on one have sufficient fastenings to prevent the vessels from breaking
towline, shortened as much as safety of the towing vessel permits, loose by wind, current, wave action, suction from passing vessels
so as to have maximum control at all times. The various parts of a or any other forces which might cause the vessel to break its
tow shall be securely assembled with the individual units mooring. The number of vessels in one fleet and the width of the
connected by lines as short as practicable. In open water, the fleet of vessels tied abreast shall not extend into the fairway or be
towlines and fastenings between barges may be lengthened so as greater than allowed under the permit.
to accommodate the wave surge. In the case of lengthy or
cumbersome tows, or tows in restricted channels, the District (3) Mariners should report immediately by radio or fastest
Commander may require that tows be broken up, and may require available means to the lockmaster at Old River Lock or to any
the installation of a rudder or other approved steering device on government patrol or survey boat in the vicinity any emergency
the tow in order to avoid obstructing navigation or damaging the mooring or vessels drifting uncontrolled within the area described
property of others. Pushing barges with towing vessel astern, in paragraph (a)(1) of this section. It is the responsibility and duty
towing barges with towing vessel alongside, or pushing and of the master of a towing vessel releasing or mooring a vessel in
pulling barges with units of the tow made up both ahead and this reach of the Mississippi River to report such action
astern of the towing vessel are permissible provided that immediately.
adequate power is employed to keep the tows under full control at
all times. No tow shall be drawn by a vessel that has insufficient (b) Mooring on Mississippi River below Baton Rouge, La.,
power or crew to permit ready maneuverability and safe handling. including South and Southwest Passes.

(vi) All tows navigating the Pass Manchac bridges in Louisiana (1) When tied up individually or in fleets, vessels shall be moored
are limited to no more than two barges, not to exceed a combined with sufficient lines and shore fastenings to insure their remaining
tow length of 400 feet (excluding the towboat). Vessel operators in place and withstanding the action of winds, currents and the
for tows exceeding these limits must request and receive suction of passing vessels.
permission from the COTP New Orleans prior to navigating the
bridges. Requests should be made by telephoning the COTP at NOTE: The Corps of Engineers also has regulations dealing with
504-846-5923. Any decision made by the COTP is final agency this section in 33 CFR Part 207.
action.
(Sec. 7, 38 Stat. 1053, as amended, (33 U.S.C. 471); Sec.
(6) Projections from vessels: Vessels or tows carrying a deck load 6(g)(1)(A) 80 Stat 937, (49 U.S.C. 1655(g)(1)(A); Sec. 12, 92 Stat.
which overhangs or projects over the side, or whose rigging 1471, (33 U.S.C. 1231); 49 CFR 1.46 (c)(1) and (n)(4))
projects over the side, so as to endanger passing vessels,
wharves, or other property, shall not enter or pass through any of [CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD
the narrow parts of the waterway without prior approval of the 77-028, 46 FR 49851, Oct. 8, 1981; CGD8 87-09, 53 FR 15555,
District Commander. May 2, 1988]

(7) Meeting and passing: Passing vessels shall give the proper 162.85 Yazoo Diversion Canal, Vicksburg, Miss., From Its
signals and pass in accordance with the International Rules, the Mouth At Kleinston Landing To Fisher Street; Navigation.
Navigation Rules, International-Inland, Commandant Instruction (a) Speed. Excessive speeding is prohibited. A vessel shall
M16672.2 (Series), where applicable. At certain intersections reduce its speed sufficiently to prevent any damage when
where strong currents may be encountered, sailing directions may approaching another vessel in motion or tied up, a wharf or other
be issued through navigation bulletins or signs posted on each structure, works under construction, plant engaged in river and
side of the intersections. harbor improvement, levees, floodwalls withstanding floodwaters,
buildings submerged or partially submerged by high waters, or
Note:The Corps of Engineers also has regulations dealing with any other structure or improvement likely to be damaged by
this section in 33 CFR 207. collision, suction, or wave action.

[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD NOTE: The Corps of Engineers also has regulations dealing with
78-050, 45 FR 43167, June 26, 1980; USCG-2000-7223, 65 FR this section in 33 CFR Part 207.
40058, June 29, 2000; USCG-2008-0179, 73 FR 35016, June 19,
2008] 162.90 White River, Arkansas Post Canal, Arkansas River,
And Verdigris River Between Mississippi River, Ark., And
162.80 Mississippi River Below Mouth Of Ohio River, Catoosa, Okla.; Use, Administration, And Navigation.
Including South And Southwest Passes. (a) The regulations in this section shall apply to:
(a) Mooring on the Mississippi River between miles 311.5 AHP
and 340.0 AHP. (1) Waterways. White River between Mississippi River and
Arkansas Post Canal, Ark.; Arkansas Post Canal, Ark.; Arkansas
(1) No vessel or craft shall moor along either bank of the River between Arkansas Post Canal, Ark., and Verdigris River,
Mississippi River between miles 311.5 AHP and mile 340.0 AHP Okla.; Verdigris River between Arkansas River and Catoosa,
except in case of an emergency, pursuant to an approved Okla.; and reservoirs on these waterways between Mississippi
navigation permit, or as authorized by the District Commander. River Ark., and Catoosa, Okla.
Vessels may be moored any place outside the navigation channel
in this reach in case of an emergency and then for only the (2) Bridges, wharves and other structures. All bridges, wharves,
minimum time required to terminate the emergency. When so and other structures in or over the waterways described in
moored, all vessels shall be securely tied with bow and stern lines paragraph (a)(1) of this section.
of sufficient strength and fastenings to withstand currents, winds,
wave action, suction from passing vessels or any other forces (3) Vessels and rafts. The term vessels as used in this section
which might cause the vessels to break their moorings. When includes every description of watercraft used, or capable of being
vessels are so moored, a guard shall be on board at all times to used, as a means of transportation on water, other than rafts.
ensure that proper signals are displayed and that the vessels are

523
(b) Waterways: in river and harbor improvement, levees withstanding floodwaters,
buildings submerged or partially submerged by high waters, or
(1) Fairway. A clear channel shall at all times be left open to any other manner of structure or improvements likely to be
permit free and unobstructed navigation by all types of vessels damaged by collision, suction, or wave action.
and rafts that normally use the various waterways or sections
thereof. The District Commander may specify the width of the (4) Assembly and handling of tows.
fairway required in the waterways under his charge.
(i) All vessels drawing tows not equipped with rudders in restricted
(2) Anchoring or mooring in waterway. channels and land cuts shall use two towlines, or a bridle on one
towline, shortened to the greatest possible extent so as to have
(i) No vessels or rafts shall anchor or moor in any of the land cuts maximum control at all times. The various parts of a tow shall be
or other narrow parts of the waterway, except in an emergency. securely assembled with the individual units connected by lines
Whenever it becomes necessary for a vessel or raft to stop in any as short as practicable. In open water, the towlines and fastenings
such portions of the waterway, it shall be securely fastened to one between barges may be lengthened so as to accommodate the
bank and as close to the bank as possible. This shall be done wave surge. In the case of length or cumbersome tows, or tows in
only at such a place and under such conditions as will not restricted channels, the District Commander may require that
obstruct or prevent the passage of other vessels or rafts. tows be broken up, and may require the installation of a rudder or
Stoppages shall be only for such periods as may be necessary. other approved steering device on the tow in order to avoid
obstructing navigation or damaging the property of others.
(ii) Except temporarily, as authorized in paragraph (b)(2)(i) of this Pushing barges with towing vessel astern, towing barges with
section, no vessel or raft will be allowed to use any portion of the towing vessel alongside, or pushing and pulling barges with units
fairway as a mooring place without written permission from the of the tow made up both ahead and astern of the towing vessel is
District Commander. permissible provided that adequate power is employed to keep
the tow under full control at all times.
(iii) When tied up individually, all vessels shall be moored by bow
and stern lines. Rafts and tows shall be secured at sufficiently (ii) No tow shall be drawn by a vessel that has insufficient power
close intervals to insure their not being drawn away from the bank or crew to permit ready maneuverability and safe handling.
by winds, currents, or the suction of passing vessels. Towlines
shall be shortened so that the different parts of the tow will be as (iii) No vessel or tow shall navigate through a drawbridge until the
close together as possible. In narrow sections, no vessel or raft movable span is fully opened.
shall be tied abreast of another if the combined width of vessels
or rafts is greater than 70 feet. (5) Projections from vessels. No vessels carrying a deck load
which overhangs or projects over the side, or whose rigging
(iv) When a vessel is moored under an emergency condition, as projects over the side, so as to endanger passing vessels,
provided in paragraph (b)(2)(i) of this section, at least one crew wharves, or other property, shall enter or pass through any of the
member shall remain in attendance to display proper lights and narrow parts of the waterway.
signals and tend the mooring lines. The crew member shall be
provided with an adequate means of communication or signalling (6) Meeting and passing. Vessels on meeting or overtaking shall
a warning in the event that, for any reason, the vessel or tow give the proper signals and pass in accordance with the Inland
should go adrift. Immediately after completion of the emergency Rules and the Pilot Rules for Inland Waters. Rafts shall give to
mooring, the lockmaster of the first lock downstream shall be vessels the side demanded by proper signal. All vessels
notified of the character and cargo of the vessel and the location approaching dredges or other plant engaged on improvements to
of such mooring. a waterway shall give the signal for passing and slow down
sufficiently to stop if so ordered or if no answering signal is
(v) Vessels will not be permitted to load or unload in any of the received. On receiving the answering signal, they shall then pass
land cuts, except at a regular established landing or wharf, at a speed sufficiently slow to insure safe navigation. Vessels
without written permission secured in advance from the District approaching an intersection or bend where the view is obstructed
Commander. must exercise due caution. At certain intersections where strong
currents may be encountered, sailing directions may be issued
(vi) Except in an emergency, no vessel or raft shall anchor over from time to time through navigation bulletins or signs posted on
revetted banks of the waterway, nor shall any type vessel except each side of the intersections which must be observed.
launches and other small craft land against banks protected by
revetment except at regular commercial landings. Note:The Corps of Engineers also has regulations dealing with
this section in 33 CFR Part 207.
(3) Speed.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by
(i) Excessive speed in narrow sections is prohibited. Official signs USCG-2008-0179, 73 FR 35016, June 19, 2008]
indicating limiting speeds through critical sections shall be strictly
obeyed. 162.100 Ohio River At Louisville, KY.
(a) Emergency Mooring Buoys. The U.S. Army Corp of
(ii) When approaching and passing through a bridge, all vessels Engineers has established four pairs of emergency mooring
and rafts, regardless of size, shall control their speed so as to buoys. Each buoy is 10 feet in diameter with retro-reflective sides.
insure that no damage will be done to the bridge or its fenders. The two buoys which comprise each pair are 585 feet apart and
are located approximately at:
(iii) Within the last mile of approach to unattended, normally open
automatic, movable span bridges, the factor of river flow velocity, (1) Indiana Bank-Mile 582.3 (near 18 Mile Island);
of vessel (and tow) velocity, and of vessel power and crew
capability are never to be permitted to result in a condition (2) Six Mile Island-Mile 597.5;
whereby the movement of vessel (and tow) cannot be completely
halted or reversed within a 3-minute period. (3) Six Mile Island-Mile 598.2; and

(iv) A vessel shall reduce its speed sufficiently to prevent any (4) Kentucky Bank-Mile 599.8 (Cox's Park).
damage when approaching another vessel in motion or tied up, a
wharf or other structure, works under construction, plant engaged

524
Note: All buoys, except those at Six Mile Island Mile 598.2, are directions, but a vessel may not meet, cross, nor overtake any
removed between May 1 and September 30. Due to the close other vessel in such a manner that it would be abreast of more
proximity of the municipal water intakes, mooring of tank vessels than one other vessel within the defined limits of a waterway.
laden with petroleum products or hazardous materials is not
authorized on the Kentucky Bank, Mile 599.8 (Cox's Park). (c) Anchoring Rules

(b) The regulations. A vessel must not use the emergency (1) A vessel must not anchor:
mooring buoys that have been established by the U.S. Army
Corps of Engineers, unless specifically authorized. The Captain of (i) within the waters between Brush Point and the waterworks
the Port, upon request, may authorize the use of the emergency intake crib off Big Point southward of the Point Aux Pins range; or
mooring buoys by down bound towing vessels that are awaiting
Vessel Traffic Center approval to proceed. (ii) within 0.2 nautical miles of the intake crib off Big Point.

[59 FR 36316, July 15, 1994] (2) In an emergency, vessels may anchor in a dredged channel.
Vessels shall anchor as near to the edge of the channel as
162.105 Missouri River; Administration And Navigation. possible and shall get underway as soon as the emergency
(a) Supervision. The District Commander, Eighth Coast Guard ceases, unless otherwise directed. Vessel Traffic Services St.
District, has certain administrative supervision overreaches of the Marys River must be advised of any emergency anchoring as
river within the limits of his district and is charged with the soon as is practicable.
enforcement under his direction of emergency regulations to
govern navigation on the river. (3) Vessels collected in any part of the VTS Area by reason of
temporary closure of a channel or an impediment to navigation
(b) Navigation. During critical flood stages on any particular shall get underway and depart in the order in which they arrived,
limited reach of the Missouri River when lives, floating plant, or unless otherwise directed by Vessel Traffic Service St. Marys
major shore installations and levees are endangered, the District River. Vessel Traffic Service St. Marys River may advance any
Commander in charge of the locality shall have the authority to vessel in the order of departure to expedite the movement of
declare the reach of the river closed to navigation or to prescribe mails, passengers, cargo of a perishable nature, to facilitate
temporary speed regulations whenever it appears to him that passage of vessels through any channel by reason of special
such action is necessary to prevent immediate human suffering or circumstance, or to facilitate passage through the St. Marys Falls
to mitigate major property damage or destruction from wave Canal.
action. The period of closure and all speed regulations prescribed
by the District Commander shall be for the duration of the (d) Traffic Rules.
emergency as determined by the District Commander and shall
be terminated at the earliest practicable time that improved river (1) A vessel must proceed only in the established direction of
conditions permit. traffic flow in the following waters:

[63 FR 35524, June 30, 1998] (i) West Neebish Channel from Buoy "53" to Buoy "1"-down
bound traffic only;
162.110 Duluth-Superior Harbor, Minnesota And Wisconsin.
(a) No vessel greater than 100 feet in length may exceed 8 miles (ii) Pipe Island Course from Sweets Point to Watson Reefs Light-
per hour in Duluth-Superior Harbor. down bound traffic only.

(b) In the Duluth Ship Canal: (iii) Middle Neebish Channel from Buoy "2" to Buoy "76"-up bound
traffic only; and
(1) No vessel may meet or overtake another vessel if each vessel
is greater than 150 feet in length (including tug and tow (iv) Pipe Island Passage to the east of Pipe Island Shoal and
combinations). north of Pipe Island Twins from Watson Reefs Light to Sweets
Point-up bound traffic only.
(2) An inbound vessel has the right of way over an outbound
vessel. (2) A vessel 350 feet or more in length must not overtake or
approach within .2 nautical miles of another vessel proceeding in
[CGD 79-151, 46 FR 7960, Jan. 26, 1981] the same direction in the following waterways:

162.115 Keweenaw Waterway, Mich. (i) West Neebish Channel between Nine Mile Point and
No vessel greater than 40 feet in length may exceed 8 miles per Munuscong Lake Junction Lighted Bell Buoy;
hour between Lily Pond and Pilgrim Point.
(ii) Middle Neebish Channel between Munuscong Lake Junction
[CGD 79-151, 46 FR 7960, Jan. 26, 1981; 65 FR 53593, Sept. 5, Lighted Bell Buoy and Nine Mile Point; and
2000]
(iii) Little Rapids Cut from Six Mile Point to Buoy "102".
162.117 St. Marys River, Sault Ste. Marie, Michigan.
(a) The area. The waters of the St. Marys River and lower (3) When two-way traffic is authorized in Middle Neebish Channel,
Whitefish Bay from 4557' N. (De Tour Reef Light) to the south, to a vessel 350 feet or more in length must not meet, cross, or
4638.7' N. (Ile Parisienne Light) to the north, except the waters of overtake another vessel at:
the St. Marys Falls Canal, and to the east along a line from La
Pointe to Sims Point, within Potagannissing Bay and Worsley Bay. (i) Johnson Point from Buoy "18" to Buoy "22";

(b) Definitions. As used in this section: (ii) Mirre Point from Buoy "26" to Buoy "28"; or

Two-way route means a directional route within defined limits (iii) Stribling Point from Buoy "39" to Buoy "43".
inside which two-way traffic is established, and which is intended
to improve safety in waters where navigation is difficult. (4) Paragraph (d)(2) of this section does not apply to a vessel
navigating through an ice field.
Two-way traffic means that traffic flow is permitted in opposing

525
(e) Winter Navigation. During the winter navigation season, the Notice of the temporary speed limits and their effective dates and
following waterways are normally closed: termination are published in the Federal Register and Local
Notice to Mariners. These temporary speed limits, if imposed, will
(1) West Neebish Channel, from Buoy "53' to Buoy "1"; normally be placed in effect and terminated during the winter
navigation season.
(2) Pipe Island Passage to the east of Pipe Island Shoal; and
(h) Towing Requirement. A towing vessel must:
(3) North of Pipe Island Twins, from Watson Reef Light to Sweets
Point. (1) Maintain positive control of its tow south of Gros Cap Reef
Light;
(f) Alternate Winter Navigation Routes.
(2) Not impede the passage of any other vessel;
(1) When West Neebish Channel is closed, Middle Neebish
Channel (from Buoy "2" to Buoy "76") will be open either as a two- (3) Not tow a vessel of 200 feet or less in length with a tow line
way route or an alternating one way traffic lane. longer than 250 feet; and

(i) When Middle Neebish Channel is a two-way route: (4) Not tow a vessel of 200 feet or more in length with a tow line
longer than the length of the towed vessel plus 50 feet.
(i)(A) An up bound vessel must use the easterly 197 feet of the
channel. However, a vessel of draft 20 feet or more must not [59 FR 36316, July 15, 1994; 60 FR 10020, Feb. 23, 1995; 60 FR
proceed prior to Vessel Traffic Center approval; and 28326, May 31, 1995; 62 FR 14635, Mar. 27, 1997; 63 FR 35524,
June 30, 1998; 68 FR 37738, June 25, 2003]
(i)(B) A down bound vessel must use the westerly 295 feet of the
channel. 162.120 Harbors On Lake Michigan.
(a) No vessel greater than 40 feet in length may exceed 8 miles
(ii) When Middle Neebish Channel is an alternating one-way per hour in the harbors of Michigan City, Indiana; St. Joseph,
traffic lane. A vessel must use the westerly 295 feet of the South Haven, Saugatuck, Holland (Lake Macatawa), Grand
channel in the established direction of traffic flow. Haven, Muskegon, White Lake, Pentwater, Ludington, Manistee,
Portage Lake (Manistee County), Frankfort, Charlevoix, and
(2) When Pipe Island Passage is closed, Pipe Island Course is a Petoskey, Michigan.
two-way route.
(b) No vessel greater than 40 feet in length may exceed 4 miles
Note: The Vessel Traffic Service closes or opens these channels per hour in the harbors of Menominee, Michigan and Wisconsin;
as ice conditions require after giving due consideration to the Algoma, Kewaunee, Two Rivers, Manitowac, Sheboygan, Port
protection of the marine environment, waterway improvements, Washington, Milwaukee, Racine, Kenosha and Green Bay,
aids to navigation, the need for cross channel traffic (e.g., ferries), Wisconsin; and Waukegan, Illinois.
the availability of icebreakers, and the safety of the island
residents who, in the course of their daily business, must use [CGD 79-151, 46 FR 7960, Jan. 26, 1981, as amended by USCG-
naturally formed ice bridges for transportation to and from the 2012-0306, 77 FR 37315, June 21, 2012]
mainland. Under normal seasonal conditions, only one closing
each winter and one opening each spring are anticipated. Prior to 162.125 Sturgeon Bay And The Sturgeon Bay Ship Canal,
closing or opening these channels, interested parties including Wisc.
both shipping entities and island residents, will be given at least (a) In the Sturgeon Bay Ship Canal:
72 hours notice by the Coast Guard.
(1) No vessel may exceed 5 miles per hour.
(g) Speed Rules.
(2) No vessel greater than 150 feet in length (including tug and
(1) The following speed limits indicate speed over the ground. tow combinations) may come about.
Vessels, other than those under 20 meters (65 feet) in length,
must adhere to the following speed limits. (3) No vessel 65 feet or greater in length (including tug and tow
combinations) may either:
TABLE 162.117(g)-ST. MARYS RIVER SPEED RULES
(i) Enter or pass through the canal two or more abreast; or
Maximum speed limit between Mph Kts
De Tour Reef Light and Sweets Point Light 14 12.2
Round Island Light and Point Aux Frenes Light "21" 14 12.2 (ii) Overtake another vessel.
Munuscong Lake Lighted Buoy "8" and Everens Point 12 10.4
Everens Point and Reed Point 9 7.8 (4) No vessel may anchor or moor unless given permission to do
Reed Point and Lake Nicolet Lighted Buoy "62" 10 8.7 so by the Captain of the Port.
Lake Nicolet Lighted Buoy "62" and Lake Nicolet Light 12 10.4
"80" (5) Each vessel must keep to the center, except when meeting or
Lake Nicolet Light "80" and Winter Point (West 10 8.7 overtaking another vessel.
Neebish Channel)
Lake Nicolet Light "80" and Six Mile Point Range Rear 10 8.7 (b) In Sturgeon Bay and the Sturgeon Bay Ship Canal:
Light
Six Mile Point Range Rear Light and lower limit of the
St. Marys Falls Canal. (1) Each laden vessel under tow must be towed with at least two
Up bound 8 7.0 towlines. Each towline must be shortened to the extent necessary
Down bound 10 8.7 to provide maximum control of the tow.
Canal and Point Aux Pins Main Light.. 12 10.4
(2) Each unladen vessel may be towed with one towline.
Note: A vessel must not navigate any dredged channel at
a speed of less than 5 statute miles per hour (4.3 knots). (3) No towline may exceed 100 feet in length.

(2) Temporary speed limit regulations may be established by (4) No vessel may tow another vessel alongside.
Commanding Officer Vessel Traffic Service St. Marys River.

526
(5) No vessel may tow a raft greater than 50 feet in width. St. Clair River means the connecting waters from the lakeward
limit of the improved navigation channel at the lower end of Lake
Note:The Corps of Engineers also has regulations dealing with Huron to St. Clair Flats Canal Light 2.
these areas in 33 CFR Part 207.
SARNIA TRAFFIC means the Canadian Coast Guard traffic
[CGD 79-151, 46 FR 7960, Jan. 26, 1981] center at Sarnia Ontario.

162.130 Connecting Waters From Lake Huron To Lake Erie; (d) Laws and regulations not affected. The regulations in
General Rules. 162.130 through 162.140 do not relieve the owners or operators
(a) Purpose. The regulations in 162.130 through 162.140 of vessels from complying with any other laws or regulations
prescribe rules for vessel operation in U.S. waters connecting relating to navigation on the Great Lakes and their connecting or
Lake Huron to Lake Erie (including the River Rouge) to prevent tributary waters.
collisions and groundings, to protect waterway improvements, and
to protect these waters from environmental harm resulting from (e) Delegations. The District Commander, in coordination with
collisions and groundings. appropriate Canadian officials, may make local arrangements that
do not conflict with these regulations in the interest of safety of
Note:The Canadian Government has issued similar regulations operations, to facilitate traffic movement and anchorage, to avoid
which apply in the Canadian portion of the waterway. Provisions disputes as to jurisdiction and to take necessary action to render
which apply only in Canadian waters are noted throughout the assistance in emergencies. This authority may be redelegated.
text.
[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29,
(b) Applicability. 1984, as amended by CGD 85-060, 51 FR 17016, May 8, 1986;
CGD 93-024, 58 FR 59365, Nov. 9, 1993; USCG-2006-24371, 74
(1) Unless otherwise specified, the rules in 162.130 through FR 11213, Mar. 16, 2009]
162.140 apply to all U.S. vessels and all other vessels in U.S.
waters. 162.132 Connecting Waters From Lake Huron To Lake Erie;
Communications Rules.
(2) The speed rules in 162.138 apply to vessels 20 meters or (a) Radio listening watch. The master of each vessel required to
more in length. comply with this section shall continuously monitor:

(3) The communication rules in 162.132, the traffic rules in (1) Channel 11 (156.55 mhz) between Lake Huron Cut Lighted
162.134, except for 162.134(c)(2), and the anchorage rules in Buoy 11 and Lake St. Clair Light; and
162.136 apply to the following vessels:
(2) Channel 12 (156.60 mhz) between Lake St. Clair Light and
(i) Vessels of 20 meters or more in length; Detroit River Light.

(ii) Commercial vessels more than 8 meters in length engaged in (b) Radiotelephone equipment. Reports required by this section
towing another vessel astern, alongside, or by pushing ahead; shall be made by the master using a radiotelephone capable of
and operation on a vessel's navigation bridge, or in the case of a
dredge, from its main control station.
(iii) Each dredge and floating plant.
(c) English language. Reports required by this section shall be
(4) The traffic rules contained in 162.134(c)(2) apply to the made in the English language.
following vessels:
(d) Traffic reports.
(i) Sailing vessels of 20 meters or more in length;
(1) Reports required by this section shall be made to SARNIA
(ii) Power driven vessels of 55 meters or more in length; TRAFFIC on the frequency designated for the radio listening
watch in paragraph (a) of this section.
(iii) Vessels engaged in towing another vessel astern, alongside
or by pushing ahead; and (2) Reports shall include the name of the vessel, location,
intended course of action, and ETA at next reporting point.
(iv) Each dredge and floating plant.
(e) Permanent reporting points. The master of each vessel to
(c) Definitions. As used in 162.130 through 162.140: which this section applies shall report as required by paragraph (d)
of this section at the location indicated in Table I.
Captain of the Port means the United States Coast Guard TABLE
Captain of the Port of Detroit, Michigan.

Detroit River means the connecting waters from Windmill Point


Light to the lakeward limits of the improved navigation channels at
the head of Lake Erie.

District Commander means Commander, Ninth Coast Guard


District, Cleveland, Ohio.

Master means the master or operator, the person designated by


the master or operator to navigate the vessel, or, on a vessel not
requiring persons holding licenses or merchant mariner credential
officer endorsements, the person in command of the vessel.

River Rouge means the waters of the Short Cut Canal and the (f) Additional traffic reports.
River Rouge from Detroit Edison Cell Light 1 to the head of
navigation.

527
(1) A report shall be made upon leaving any dock, mooring, or (iv) Down bound vessels which have passed Lake Huron Cut
anchorage, in the Detroit River, Lake St. Clair, and the St. Clair Lighted Buoy 7 have the right of way over up bound vessels
River except for- which have not reached the Port Huron Traffic Lighted Buoy. Up
bound vessels awaiting transit of down bound vessels will
(i) Ferries on regular runs; and maintain position south of the Port Huron Traffic Lighted Buoy.

(ii) Vessels in the River Rouge. (v) Vessels transiting the zone shall coordinate passage by using
communication procedures in 162.132.
(2) A report shall be made before maneuvering to come about.
(vi) Transiting vessels shall have the right of way over moored
(3) A report shall be made- vessels getting underway within the zone.

(i) 20 minutes before entering or departing the River Rouge; and (d) In the waters described in 162.130(a), the District
Commander or Captain of the Port may establish temporary traffic
(ii) Immediately before entering or departing the River Rouge. rules for reasons which include but are not limited to: channel
obstructions, winter navigation, unusual weather conditions, or
(g) Report of impairment or other hazard. The master of a unusual water levels.
vessel shall report to SARNIA TRAFFIC as soon as possible:
(e) The requirements of this section do not apply to public vessels
(1) Any condition on the vessel that may impair its navigation, of the U.S. or Canada engaged in icebreaking or servicing aids to
including but not limited to: fire, defective steering equipment, or navigation or to vessels engaged in river and harbor improvement
defective propulsion machinery. work.

(2) Any tow that the towing vessel is unable to control, or can (f) The prohibitions in this section on overtaking in certain areas
control only with difficulty. do not apply to vessels operating in the nondisplacement mode.
In this section, "nondisplacement mode" means a mode of
(h) Exemptions. Compliance with this section is not required operation in which the vessel is supported by hydrodynamic
when a vessel's radiotelephone equipment has failed. forces, rather than displacement of its weight in the water, to an
extent such that the wake which would otherwise be generated by
[CGD 78-151, 49 FR 18301, Apr. 30, 1984; 49 FR 26722, June 29, the vessel is significantly reduced.
1984, as amended by CGD 85-060, 51 FR 17016, May 8, 1986;
CGD 85-060, 51 FR 37274, Oct. 21, 1986] [CGD 78-151, 49 FR 18302, Apr. 30, 1984; 49 FR 26722, June 29,
1984; 60 FR 35701, July 11, 1995]
162.134 Connecting Waters From Lake Huron To Lake Erie;
Traffic Rules. 162.136 Connecting Waters From Lake Huron To Lake Erie;
(a) Detroit River. The following traffic rules apply in the Detroit Anchorage Grounds.
River: (a) In the Detroit River, vessels shall be anchored so as not to
swing into the channel or across steering courses.
(1) The West Outer Channel is restricted to down bound vessels.
NOTE: There is an authorized anchorage in Canadian waters just
(2) The Livingston Channel, west of Bois Blanc Island, is above Fighting Island and an authorized anchorage in U.S.
restricted to down bound vessels. waters south of Belle Isle (33 CFR 110.206).

NOTE: The Amherstburg Channel, in Canadian waters east of (b) In the St. Clair River, vessels shall be anchored so as not to
Bois Blanc Island, is normally restricted to up bound vessels. No swing into the channel or across steering courses.
vessel may proceed down bound in the Amherstburg Channel
without authorization from the Regional Director General. [CGD 78-151, 49 FR 18302, Apr. 30, 1984, as amended by CGD
85-060, 51 FR 17016, May 8, 1986]
(3) Between Fighting Island Channel South Light and Bar Point
Pier Light 29D, no vessels shall meet or overtake in such a 162.138 Connecting Waters From Lake Huron To Lake Erie;
manner that more than two vessels would be abreast at any time. Speed Rules.
(a) Maximum speed limit for vessels in normal displacement
(4) Between the west end of Belle Isle and Peche Island Light, mode.
vessels may only overtake vessels engaged in towing.
(1) Except when required for the safety of the vessel or any other
(b) River Rouge. In the River Rouge, no vessel shall overtake vessel, vessels of 20 meters or more in length operating in normal
another vessel. displacement mode shall proceed at a speed not greater than

(c) St. Clair River. The following traffic rules apply in the St. Clair (i) 12 statute miles per hour (10.4 knots) between Fort Gratiot
River: Light and St. Clair Flats Canal Light 2;

(1) Between St. Clair Flats Canal Light 2 and Russell Island Light (ii) 12 statute miles per hour (10.4 knots) between Peche Island
33, vessels may only overtake vessels engaged in towing. Light and D33 stationary light in the Detroit River entrance; and

(2) Between Lake Huron Cut Lighted Buoy 1 and Port Huron (iii) 4 statute miles per hour (3.5 knots) in the River Rouge.
Traffic Lighted Buoy there is a zone of alternating one way traffic.
Masters shall coordinate their movements in accordance with the (2) The maximum speed limit is 5.8 statute miles per hour (5
following rules; knots) in the navigable channel south of Peche Island (under
Canadian jurisdiction).
(i) Vessels shall not overtake.
(b) Maximum speed limit for vessels operating in
(ii) Vessels shall not come about. nondisplacement mode.

(iii) Vessels shall not meet. (1) Except when required for the safety of the vessel or any other

528
vessel, vessels 20 meters or more in length but under 100 gross (2) No vessel greater than 100 feet in length (including tug and
tons operating in the nondisplacement mode and meeting the tow combinations) may overtake another vessel.
requirements set out in paragraph (c) of this section, may operate
at a speed not exceeding 40 miles per hour (34.8 knots) [CGD 79-151, 46 FR 7960, Jan. 26, 1981]

(i) During daylight hours (sunrise to sunset); 162.155 Sandusky And Huron Harbors, Ohio.
(a) In Sandusky Harbor, no vessel greater than 40 feet in length
(ii) When conditions otherwise safely allow; and may exceed 10 miles per hour.

(iii) When approval has been granted by the Coast Guard Captain (b) In Huron Harbor, no vessel greater than 40 feet in length may
of the Port, Detroit or Commander of the Ninth Coast Guard exceed 6 miles per hour, except in the outer harbor where no
District prior to each transit of the area. vessel greater than 40 feet in length may exceed 10 miles per
hour.
(2) In this section, nondisplacement mode means a mode of
operation in which the vessel is supported by hydrodynamic NOTE: The Corps of Engineers also has regulations dealing with
forces, rather than displacement of its weight in the water, to an these areas in 33 CFR Part 207.
extent such that the wake which would otherwise be generated by
the vessel is significantly reduced. [CGD 79-151, 46 FR 7960, Jan. 26, 1981]

(c) Unsafe vessels. The Captain of the Port or the District 162.160 Vermilion, Lorain, Cleveland, Fairport, Ashtabula,
Commander may deny approval for operations under paragraph And Conneaut Harbors, Ohio.
(b) of this section if it appears that the design and operating (a) In Vermilion Harbor, no vessel may exceed 6 miles per hour.
characteristics of the vessels in question are not safe for the
designated waterways, or if it appears that operations under this (b) In Lorain, Cleveland, Fairport, Ashtabula, and Conneaut
section have become unsafe for any reason. Harbors, no vessel may exceed 6 miles per hour, except in the
outer harbors, where no vessel may exceed 10 miles per hour.
(d) Temporary speed limits. The District Commander may
temporarily establish speed limits or temporarily amend existing NOTE: The Corps of Engineers also has regulations dealing with
speed limit regulations on the waters described in 162.130(a). these areas in 33 CFR Part 207.

[CGD 09-95-002, 60 FR 35702, July 11, 1995, as amended by [CGD 79-151, 46 FR 7960, Jan. 26, 1981]
USCG-2011-1086, 77 FR 62437, Oct. 15, 2012]
162.165 Buffalo And Rochester Harbors, New York
162.140 Connecting Waters From Lake Huron To Lake Erie; In Buffalo and Rochester Harbors, no vessel may exceed 6 miles
Miscellaneous Rules. per hour, except in the outer harbors where no vessel may
(a) Rules for towing vessels. exceed 10 miles per hour.

(1) A towing vessel may drop or anchor its tows only in NOTE: The Corps of Engineers also has regulations dealing with
accordance with the provisions of 162.136. these areas in 33 CFR Part 207.

(2) A towing vessel engaged in arranging its tow shall not obstruct [CGD 79-151, 46 FR 7960, Jan. 26, 1981]
the navigation of other vessels.
162.175 Black Rock Canal And Lock At Buffalo, New York.
(b) Pilots. In the St. Clair River between Lake Huron Cut Lighted In the Black Rock Canal and Lock, no vessel may exceed 6 miles
Buoy 1 and Port Huron Traffic Lighted Buoy, vessels shall not per hour.
take on, discharge, or exchange pilots unless weather conditions
would make the maneuver unsafe in the customary pilot area. NOTE: The Corps of Engineers also has regulations dealing with
these areas in 33 CFR Part 207.
[CGD 78-151, 49 FR 18302, Apr. 30, 1984]
[CGD 79-151, 46 FR 7960, Jan. 26, 1981]
162.145 Monroe Harbor, Mich.
(a) In the lake channel, no vessel greater than 40 feet in length 162.195 Santa Monica Bay, Calif.; Restricted Area.
may exceed 10 miles per hour. (a) The area. The waters of the Pacific Ocean, Santa Monica Bay,
in an area extending seaward from the shoreline a distance of
(b) In the river channel: about 5 nautical miles (normal to the shoreline) and basically
outlined as follows:
(1) No vessel greater than 40 feet in length may exceed 6 miles
per hour. Station Latitude North Longitude West
A 3354'59" 11825'41"
(2) No vessel may use a towline exceeding 200 feet in length. B 3354'59" 11828'00"
C 3353'59.5" 11831'37"
[CGD 79-151, 46 FR 7960, Jan. 26, 1981] D 3356'19.5" 11834'05"
E 3356'25" 11826'29"
162.150 Maumee Bay And River, Ohio.
(a) In Maumee Bay (lakeward of Maumee River Lighted Buoy (b) The regulations.
49(L/L No. 770)), no vessel greater than 100 feet in length may
exceed 12 miles per hour. (1) Vessels shall not anchor within the area at any time without
permission.
(b) In Maumee River (inward of Maumee River Lighted Buoy
49(L/L No. 770)): (2) Dredging, dragging, seining, or other fishing operations which
might foul underwater installations within the area are prohibited.
(1) No vessel greater than 40 feet in length may exceed 6 miles
per hour. (3) All vessels entering the area, other than vessels operated by
or for the United States, the State of California, the county of Los

529
Angeles, or the city of Los Angeles, shall proceed across the area special caution to avoid interference with the work on which the
by the most direct route and without unnecessary delay. The area plant is engaged. Dredges, whether Federal or contractors' plant,
will be open and unrestricted to small recreational craft for working the channel must however, take special care to give
recreational activities at all times. ocean-going vessels sufficient room for passing, and must lift both
spuds and the ladder, and pull clear, if an adequate width of clear
(4) The placing of buoys, markers, or other devices requiring channelway cannot otherwise be provided. Ocean-going vessels
anchors will not be permitted. may show at the masthead a black ball not more than 20 inches
in diameter as a signal to the dredge, and may also blow five long
(5) The city of Los Angeles will maintain a patrol of the area as blasts of the whistle when within reasonable hearing distance of
needed. the dredge, such signal to be followed at the proper time by the
passing signal described in the local pilot rules. The dredge shall
162.200 Marina Del Rey, Calif.; Restricted Area. promptly acknowledge both signals in the usual manner.
(a) The area. That portion of the Pacific Ocean lying shoreward of
the offshore breakwater and the most seaward 1,000 feet of the (ii) Light-draft vessels when meeting or being overtaken by ocean-
entrance channel between the north and south jetties, and going vessels, shall give the right of way to such vessels by
basically outlined as follows: making use of the shallower portions of the waterway.

(iii) Rafts and tows must promptly give the channel side
Station Latitude North Longitude West
demanded upon proper signal by a vessel, and must be handled
A 335746.0 1182739.5 in such a manner as not to obstruct or interfere with the free use
of the waterway by other craft.
B 335752.3 1182743.6
(4) Collisions.
C 335748.6 1182748.8
(i) Ocean-going vessels in collision in the channel or turning basin
D 335729.8 1182734.7 must, if still afloat and in a condition making anchorage necessary,
be immediately removed to an approved anchorage ground, or if
E 335730.9 1182729.1 in such condition that beaching is necessary, they shall be
temporarily beached on the northwest side of Mandeville Island or
F 335737.4 1182733.8 in the Old River.

G 335742.4 1182723.0 (ii) Light-draft vessels suffering collision shall be disposed of as


directed by the District Commander or his authorized
H 335750.6 1182728.3 representative.

(b) The regulations. (5) Wrecks. In no case following accidents of fire or collision will a
vessel be allowed to remain either anchored or grounded in the
(1) Vessels shall not anchor within the area at any time without channel, or beached at any place where it endangers other
permission except in an emergency. vessels, while settlement is pending with the underwriters.

(2) Dredging, dragging, seining, or other fishing operations which (6) Other laws and regulations. In all other respects, the existing
might foul underwater installations within the area are prohibited. Federal laws and rules and regulations affecting navigable waters
of the United States will govern in this channel.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by
USCG-2008-0179, 73 FR 35016, June 19, 2008] (b) Sacramento Deep Water Ship Channel between Suisun Bay
and easterly end of Turning Basin at West Sacramento; use,
Note:The Corps of Engineers also has regulations dealing with administration, and navigation
this section in 33 CFR Part 207.
(1) Maximum speed for all ocean going craft
162.205 Suisun Bay, San Joaquin River, Sacramento River,
And Connecting Waters, CA. (i) Between Tolands Landing (Mile 6.2) and Rio Vista Bridge.
(a) San Joaquin River Deep Water Channel between Suisun Bay When going against a current of two knots or more, the maximum
and the easterly end of the channel at Stockton; use, speed over the bottom shall not exceed 8 knots. When going with
administration and navigation the current, in slack water, or against a current of two knots or
less, the maximum speed through the water shall not exceed 10
(1) Maximum speed. The maximum speed for all ocean-going knots.
craft shall not exceed 10 miles per hour above the lower end of
New York Slough, seven miles per hour above Criminal Point, or (ii) Between Rio Vista Bridge and Port of Sacramento. When
five miles per hour while passing any wharf, dock, or moored craft. going against a current of two knots or more, the maximum speed
As used in this paragraph, the speed of a vessel when navigating over the bottom shall not exceed 5 knots. When going with the
with the current shall be its rate of movement in excess of the current, in slack water, or against a current of two knots or less,
velocity of the current. the maximum speed through the water shall not exceed 7 knots.

(2) Passing. All craft passing other boats, barges, scows, etc., in (iii) Speed past docks or moored craft. Within 550 feet of the
motion, moored or anchored, shall slow down and take every centerline of the channel the speed shall be the minimum required
necessary precaution to avoid damage. to maintain steerageway; wind, tide, current, etc., being taken into
consideration.
(3) Right of way.
(iv) Passing. All craft passing other boats, barges, scows, etc.,
(i) United States dredges, tugs, launches, derrick boats, and underway, moored or anchored, shall take every necessary
similar plant of contractors executing river and harbor precaution to avoid damage.
improvement work for the United States, and displaying the
signals prescribed by the regulations contained in part 80 of this (v) Speed, high-water precautions. When passing another vessel
chapter shall have the right of way and other craft shall exercise (underway, anchored, or tied up); a wharf or other structure; work

530
under construction; plant engaged in river and harbor waterway.
improvement; levees withstanding flood waters; buildings partially
or wholly submerged by high water; or any other structure liable to (ii) No vessel shall anchor within the channel except in distress or
damage by collision, suction or wave action; vessels shall give as under stress of weather. Any vessel so anchored shall be moved
much leeway as circumstances permit and reduce their speed as quickly as possible to such anchorage as will leave the
sufficiently to preclude causing damage to the vessel or structure channel clear for the passage of vessels.
being passed. As deemed necessary for public safety during high
river stages, floods, or other emergencies, the District (iii) Motorboats, sailboats, rowboats, and other small craft shall
Commander may prescribe, by navigation bulletins or other not anchor or drift in the regular ship channel except under stress
means, the limiting speed in knots or temporarily close the of weather or in case of breakdown. Such craft shall be so
waterway or any reach of it to traffic. Since this subparagraph operated that they will not interfere with or endanger the
pertains directly to the manner in which vessels are operated, movement of commercial or public vessels.
masters of vessels shall be held responsible for strict observance
and full compliance herewith. (4) Collisions.

(2) Right of way. (i) Ocean-going vessels in collision in the channel or turning basin,
must if still afloat and in a condition making anchorage necessary,
(i) Dredges, tugs, launches, derrick boats and other similar be immediately removed to an approved anchorage ground, or if
equipment, executing river and harbor improvement work for the in such condition that beaching is necessary, they shall be
United States, and displaying the signals prescribed by the temporarily beached on the southwest side of Ryer Island from
regulations contained in part 80, of this Chapter, shall have the Mile 15.0 to Mile 16.3 or in the Harbor and Turning Basin at West
right-of-way and other craft shall exercise special caution to avoid Sacramento.
interference with the work on which the plant is engaged. Dredges,
whether Federal or contractor's plant, working the channel must (ii) Light-draft vessels suffering collision shall be disposed of as
however, take special care to give ocean-going vessels sufficient directed by the District Commander or his authorized
room for passing, and must lift both spuds and the ladder, and representative.
pull clear, if an adequate width of clear channelway cannot
otherwise be provided. (5) Marine accidents. Masters, mates, pilots, owners, or other
persons using the waterway to which this paragraph applies shall
(ii) Vessels intending to pass dredges or other types of floating notify the District Commander and in the case of undocumented
plant working in navigable channels, when within a reasonable vessels, the State Division of Small Craft Harbors also, by the
distance therefrom and not in any case over a mile, shall indicate most expeditious means available of all marine accidents, such as
such intention by one long blast of the whistle, and shall be fire, collision, sinking or stranding, where there is possible
directed to the proper side for passage by the sounding, by the obstruction of the channel or interference with navigation or where
dredge or other floating plant, of the signal prescribed in the damage to Government property is involved, furnishing a clear
inland pilot rules for vessels underway and approaching each statement as to the name, address, and ownership of the vessel
other from opposite directions, which shall be answered in the or vessels involved, the time and place, and the action taken. In
usual manner by the approaching vessel. If the channel is not all cases, the owner of the sunken vessel shall take immediate
clear, the floating plant shall sound the alarm or danger signal and steps to mark the wreck properly.
the approaching vessel shall slow down or stop and await further
signal from the plant. (6) Other laws and regulations. In all other respects, existing
Federal laws and rules and regulations affecting navigable waters
(iii) When the pipeline from a dredge crosses the channel in such of the United States will govern in this channel.
a way that an approaching vessel cannot pass safely around the
pipeline or dredge, there shall be sounded immediately from the Note:The Corps of Engineers also has regulations dealing with
dredge the alarm or danger signal and the approaching vessel this section in 33 CFR Part 207.
shall slow down or stop and await further signal from the dredge.
The pipeline shall then be opened and the channel cleared as [CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by
soon as practicable; when the channel is clear for passage the CGD12 84-07, 51 FR 12318, Apr. 10, 1986; CGD11-94-007, 60
dredge shall so indicate by sounding the usual passing signal as FR 16796, Apr. 3, 1995; USCG-1998-3799, 63 FR 35532, June
prescribed in paragraph (c)(2)(ii) of this section. The approaching 30, 1998; 78 FR 4788, Jan. 23, 2013]
vessel shall answer with a corresponding signal and pass
promptly. 162.225 Columbia And Willamette Rivers, Washington And
Oregon; Administration And Navigation.
(iv) When any pipeline or swinging dredge shall have given an (a) Supervision. The District Commander, Thirteenth Coast
approaching vessel or tow the signal that the channel is clear, the Guard District, has certain administrative supervision over the
dredge shall straighten out within the cut for the passage of the Columbia and Willamette Rivers, and is charged with the
vessel or tow. enforcement under his direction of emergency regulations to
govern navigation of these streams.
(v) Shallow draft vessels when meeting or being overtaken by
ocean-going vessels, shall give the right-of-way to such vessels (b) Speed. During very high water stages (usually 25 feet or more
by making use of the shallower portions of the waterway, on the Vancouver, Washington, gage) when lives, floating plant or
wherever possible. major shore installations are endangered, the District Commander
shall have authority to prescribe such temporary speed
(vi) Tows should promptly give the channel side requested by regulations as he may deem necessary for the public safety.
proper signal from a vessel, and should be handled in such a During critical periods of freshets under 25 feet on the Vancouver,
manner as not to obstruct or interfere with the free use of the Washington, gage when construction is in progress, rehabilitation,
waterway by other craft. or other unusual emergency makes a major shore installation
susceptible to loss or major damage from wave action, the District
(3) Obstruction of traffic. Commander shall have authority to prescribe for a particular
limited reach of the river as appropriate such temporary speed
(i) Except as provided in paragraph (c)(2) of this section no regulations as he may deem necessary to protect the integrity of
person shall willfully or carelessly obstruct the free navigation of such structure. All speed regulations prescribed by the District
the waterway, or delay any vessel having the right to use the Commander shall be obeyed for the duration of the emergency

531
and shall be terminated at the earliest practicable time that (6) All craft shall proceed with caution. The display of a green light
improved stream conditions permit. is not a guarantee that the channel is clear of traffic, and neither
the United States nor the City of Seattle will be responsible for
162.235 Puget Sound Area, Wash. any damage to vessels or other property which may be
(a) Waterway connecting Port Townsend and Oak Bay; use, chargeable to mistakes in the operation of the signal lights or to
administration, and navigation their failure to operate.

(1) Works to which regulations apply. The canal grounds Note:The Corps of Engineers also has regulations dealing with
when used in this paragraph shall mean that area between the this section in 33 CFR Part 207.
south end of the jetties in Oak Bay and the northerly end of the
dredge channel approximately 400 yards northwest of Port [CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by
Townsend Canal Light. The canal is the water lying between USCG-2008-0179, 73 FR 35016, June 19, 2008]
these limits and the banks containing the same.
162.240 Tongass Narrows, Alaska; Navigation.
(2) Speed. The speed limit within the canal grounds shall not (a) Definitions. The term Tongass Narrows includes the body of
exceed five miles per hour. water lying between Revillagigedo Channel and Guard Island in
Clarence Strait.
(3) Signals. All boats desiring to use the canal shall give one long
and one short whistle. Southbound boats shall sound the signal (b) No vessel, except for public law enforcement and emergency
within 600 yards of Port Townsend Canal Light. Northbound boats response vessels, floatplanes during landings and take-offs, and
shall sound this signal at least 500 feet south from the end of the vessels of 23 feet registered length or less, shall exceed a speed
jetties in Oak bay. If no other boat answers the signal the first of 7 knots in the region of Tongass Narrows bounded to the north
boat shall have the right of way through the canal. Any by Tongass Narrows Buoy 9 and to the south by Tongass
approaching boat that is in the canal shall answer by giving the Narrows East Channel Regulatory marker at position 5519
same signal and the first boat shall not enter the canal until the 22.0 N, 131 36 40.5 W and Tongass Narrows West
second boat shall have passed through the canal. In the case of Channel Regulatory marker at position 551928.5 N, 131
boats going in the same direction the boat which is in the canal
3909.7 W, respectively.
shall not answer the signal of the boat desiring to enter.
(c) No vessel shall while moored or at anchor, or by slow passage
(4) Passing. Steamers shall not under any circumstances attempt
or otherwise while underway, unreasonably obstruct the free
to pass each other in the canal, either when going in the same or
passage and progress of other vessels.
opposite directions.
(d) No vessel shall moor or anchor to any structure of the United
(5) Anchoring. No steamers or boats shall anchor or tie up within
States other than mooring piers, wharves, and floats without the
the canal grounds unless they are well over on the tide flats to the
consent of the Commander, Sector Juneau.
west of the dredged channel, and off the right of way belonging to
the United States.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977]
(6) Tows. No tow shall enter or pass through the canal with a
Editorial Note: For Federal Register citations affecting 162.240,
towline more than 200 feet in length.
see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
(7) Delaying traffic. No person shall cause or permit any vessel
or boat of which he is in charge, or on which he is employed, to
162.245 Kenai River, Kenai, Alaska; Use, Administration,
obstruct the canal in any way or delay in passing through it.
And Navigation.
(a) The area. The main channel area of the river, having a width
(b) West Waterway, Seattle Harbor; navigation.
of 150 feet, beginning at a point directly offshore from the
centerline of the city dock and extending about 2,200 feet
(1) The movement of vessels of 250 gross tons or over and all
upstream to a point 200 feet upstream from the Inlet Co. dock.
vessels with tows of any kind through the narrow section of West
Waterway between the bend at Fisher's Flour Mill dock and the
(b) The regulations.
bend at the junction of East Waterway with Duwamish Waterway,
and through the draws of the City of Seattle and Northern Pacific
(1) Vessels may navigate, anchor, or moor within the area until
Railway Company bridges crossing this narrow section, shall be
such time as notification is received or observation is made of
governed by red and green traffic signal lights mounted on the
intended passage to or from the docking areas.
north and south sides of the west tower of the City Light power
crossing at West Spokane Street.
(2) Notice of anticipated passage of towboats and barges shall be
indicated 24 hours in advance by display of a red flag by the Inlet
(2) Two green lights, one vertically above the other, displayed
Co. from its warehouse.
ahead of a vessel, shall indicate that the waterway is clear. Two
red lights, one vertically above the other, displayed ahead of a
162.250 Port Alexander, Alaska; Speed Of Vessels.
vessel, shall indicate that the waterway is not clear.
(a) Definition. The term Port Alexander includes the entire inlet
from its head to its entrance from Chatham Strait.
(3) A vessel approaching the narrow section and drawbridges
from either end of the waterway shall give one long blast of a
(b) Speed. The speed of all vessels of 5 tons or more gross, ships
whistle and shall not enter the narrow section until green lights
register, shall not exceed 3 miles per hour either in entering,
are displayed.
leaving, or navigating within Port Alexander, Alaska.
(4) One vessel may follow another vessel in either direction, but
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD
the channel shall not be kept open in the same direction for an
82-039, 47 FR 27266, June 24, 1982].
unreasonable time if a vessel is waiting at the other end.
162.255 Wrangell Narrows, Alaska; Use, Administration,
(5) Tugs, launches, and small craft shall keep close to one side of And Navigation.
the channel when vessels or boats with tows are passing. (a) Definitions.

532
(1) The term "Wrangell Narrows" includes the entire body of water necessity are exempt from the regulations in this section.
between Wrangell Narrows North Entrance Lighted Bell Buoy 63
and Midway Rock Light. [CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD
82-039, 47 FR 27266, June 24, 1982; 60 FR 63623, Dec. 12,
(2) The term "raft section" refers to a standard raft of logs or piling 1995]
securely fastened together for long towing in Alaska inland waters
in the manner customary with the local logging interests, i.e., with 162.260 Channel Leading To San Juan Harbor, P.R.; Use,
booms, swifters, and tail sticks. It normally contains 30,000 to Administration, And Navigation.
70,000 feet board measure of logs or piling and has a width of 45 (a) Steamers passing dredge engaged in improving the channel
to 60 feet and a length of 75 to 100 feet. shall not have a speed greater than 4 miles an hour, and the
ropelling machinery shall be stopped when crossing the lines to
(b) Speed restrictions. No vessel shall exceed a speed of seven the dredge anchors.
(7) knots in the vicinity of Petersburg, between Wrangell Narrows
Channel Light 58 and Wrangell Narrows Lighted Buoy 60. (b) Vessels using the channel shall pass the dredge on the side
designated from the dredge by the signals prescribed in
(c) Tow channel. The following route shall be taken by all tows paragraph (c) of this section.
passing through Wrangell Narrows when the towboat has a draft
of 9 feet or less (northbound, read down; southbound, read up): (c) Dredge shall display the red flag by day and four white lights
hung in a vertical line by night to indicate the passing side.
East of Battery Islets:
East of Tow Channel Buoy 1 TC. (d) Vessels shall not anchor on the ranges of stakes or other
East of Tow Channel Buoy 3 TC. marks placed for the guidance of the dredge, nor in such a
West of Tow Channel Buoy 4 TC. manner as to obstruct the channel for passing vessels.
East of Colorado Reef:
East of Wrangell Narrows Channel Light 21. (e) Vessels shall not run over or disturb stake, lanterns, or other
West of Wrangell Narrows Channel Lighted Buoy 25. marks placed for the guidance of the dredge.
East of Tow Channel Buoy 5 TC.
(f) Dredges working in the prosecution of the work shall not
East of Tow Channel Buoy 7 TC.
obstruct the channel unnecessarily.
West of Petersburg:
East of Wrangell Narrows Channel Light 54 Fr. (g) The dredge will slack lines running across the channel from
East of Wrangell Narrows Channel Light 56 Qk FR. the dredge on the passing side, for passing vessels, when notified
by signal, with whistle or horn.
East of Wrangell Narrows Channel Light 58 Fr., thence
proceeding to west side of channel and leaving Wrangell Narrows (h) The position of anchors of the dredge shall be marked by
by making passage between Wrangell Narrows Channel buoys plainly visible to passing vessels.
Daybeacon 61 and Wrangell Narrows North Entrance Lighted Bell
Buoy 63 F. 162.270 Restricted Areas In Vicinity Of Maritime
Administration Reserve Fleets.
(d) Size of tows. The maximum tows permitted shall be one pile (a) The regulations in this section shall govern the use and
driver, or three units of other towable equipment or seven raft navigation of waters in the vicinity of the following National
sections. Defense Reserve Fleets of the Maritime Administration,
Department of Transportation:
(e) Arrangement of tows.
(1) James River Reserve Fleet, Fort Eustis, Virginia.
(1) No towline or aggregate of towlines between towboat and
separated pieces shall exceed 150 feet in length. (2) Beaumont Reserve Fleet, Neches River near Beaumont,
Texas.
(2) Raft and barge tows of more than one unit shall not exceed 65
feet in width overall. Single barge tows shall not exceed 100 feet (3) Suisun Bay Reserve Fleet near Benicia, California.
in width overall.
(3) Tows other than rafts shall be taken alongside the towboat (b) No vessels or other watercraft, except those owned or
whenever possible. controlled by the United States Government, shall cruise or
anchor between Reserve Fleet units within 500 feet of the end
(f) Anchorage. Vessels may anchor in the anchorage basin in the vessels in each Reserve Fleet unit, or within 500 feet of the
vicinity of Anchor Point. No craft or tow shall be anchored in extreme units of the fleets, unless specific permission to do so
Wrangell Narrows in either the main ship channel or the towing has first been granted in each case by the enforcing agency.
channel, nor shall any craft or tow be anchored so that it can
swing into either of these channels. (c) The regulations in this section shall be enforced by the
respective Fleet Superintendents and such agencies as they may
(g) Disabled craft. Disabled craft in a condition of absolute designate.

533
Part 163-Towing Of Barges
Table of Contents CGFR 66-59, 31 FR 13647, Oct. 22, 1966. Redesignated by CGD
81-017, 46 FR 28154, May 26, 1981; USCG-2006-24371, 74 FR
Sec. 11213, Mar. 16, 2009]
163.01 Application.
163.03 Definitions. 163.03 Definitions.
163.05 Tows Of Seagoing Barges Within Inland Waters. The following definition applies to this part:
163.20 Bunching Of Tows.
Merchant mariner credential or MMC means the credential
Authority: 33 U.S.C. 152, 2071; 49 CFR 1.46(n). issued by the Coast Guard under 46 CFR part 10. It combines the
individual merchant mariner's document, license, and certificate of
registry enumerated in 46 U.S.C. subtitle II part E as well as the
STCW endorsement into a single credential that serves as the
163.01 Application.
mariner's qualification document, certificate of identification, and
(a) The regulations in this part apply to vessels navigating the
certificate of service.
harbors, rivers, and inland waters of the United States, except the
Great Lakes and their connecting and tributary waters as far east
[USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]
as Montreal, the Red River of the North, the Mississippi River and
its tributaries above Huey P. Long Bridge, and that part of the
163.20 Bunching Of Tows.
Atchafalaya River above its junction with the Plaquemine-Morgan
(a) In all cases where tows can be bunched, it should be done.
City alternate waterway.
(b) Tows navigating in the North and East Rivers of New York
(b) Seagoing barges and their towing vessels shall be subject to
must be bunched above a line drawn between Robbins Reef Light
the requirements in this part under the provisions of section 14 of
and Owls Head, Brooklyn, but the quarantine anchorage and the
the Act of May 28, 1908, as amended (sec. 14, 35 Stat. 428, as
north entrance to Ambrose Channel shall be avoided in the
amended; 33 U.S.C. 152). Under the provisions of section 15 of
process of bunching tows.
the Act of May 28, 1908, as amended (sec. 15, 35 Stat. 429; 33
U.S.C. 153), the penalty for use of an unlawful towline shall be an
(c) Tows must be bunched above the mouth of the Schuylkill
action against the master of the towing vessel seeking the
River, Pa.
suspension or revocation of his license or merchant mariner
credential.
[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by
CGFR 64-21, 29 FR 5733, Apr. 30, 1964. Redesignated by CGD
[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by
81-017, 46 FR 28154, May 26, 1981]

534
Part 164-Navigation Safety Regulations
NOTE: Revisions to this section are currently in progress.. (1) Used solely within a limited geographic area, such as a
fleeting-area for barges or a commercial facility, and used solely
Table of Contents for restricted service, such as making up or breaking up larger
tows;
Sec.
164.01 Applicability. (2) Used solely for assistance towing as defined by 46 CFR
164.02 Applicability Exception For Foreign Vessels. 10.103;
164.03 Incorporation By Reference.
164.11 Navigation Under Way: General. (3) Used solely for pollution response; or
164.13 Navigation Underway: Tankers.
164.15 Navigation Bridge Visibility. (4) Any other vessel exempted by the Captain of the Port (COTP).
164.19 Requirements For Vessels At Anchor. The COTP, upon written request, may, in writing, exempt a vessel
164.25 Tests Before Entering Or Getting Underway. from 164.72 for a specified route if he or she decides that
164.30 Charts, Publications, And Equipment: General. exempting it would not allow its unsafe navigation under
164.33 Charts And Publications. anticipated conditions.
164.35 Equipment: All Vessels.
164.37 Equipment: Vessels Of 10,000 Gross Tons Or More. (c) Provisions of 164.11(a)(2) and (c), 164.30, 164.33, and
164.38 Automatic Radar Plotting Aids (ARPA). 164.46 do not apply to warships or other vessels owned, leased,
or operated by the United States Government and used only in
Appendix A To 164.38 government noncommercial service when these vessels are
Performance Standards For Automatic Radar Plotting Aids (ARPA) equipped with electronic navigation systems that have met the
applicable agency regulations regarding navigation safety.
Appendix B To 164.38
U.S. Maritime Administration Collision Avoidance System (d) Provisions of 164.46 apply to some self-propelled vessels of
Specification less than 1600 gross tonnage.

164.39 Steering Gear: Foreign Tankers. [CGD 83-004, 49 FR 43466, Oct. 29, 1984, as amended by CGD
164.40 Devices To Indicate Speed And Distance. 94-020, 61 FR 35072, July 3, 1996; USCG-2000-8300, 66 FR
164.41 Electronic Position Fixing Devices. 21864, May 2, 2001; USCG-2003-14757, 68 FR 39367, July 1,
164.42 Rate Of Turn Indicator. 2003]
164.43 Automated Dependent Surveillance Ship borne
Equipment. 164.02 Applicability exception for foreign vessels.
164.51 Deviations From Rules: Emergency. (a) Except for 164.46(c), none of the requirements of this part
164.53 Deviations From Rules And Reporting: Non-Operating apply to foreign vessels that:
Equipment.
164.55 Deviations From Rules: Continuing Operation Or Period (1) Are not destined for, or departing from, a port or place subject
Of Time. to the jurisdiction of the United States; and
164.61 Marine Casualty Reporting And Record Retention.
164.70 Definitions. (2) Are in:
164.72 Navigational-Safety Equipment, Charts Or Maps, And
Publications Required On Towing Vessels. (i) Innocent passage through the territorial sea of the United
164.74 Towline And Terminal Gear For Towing Astern. States; or
164.76 Towline And Terminal Gear For Towing Alongside And
Pushing Ahead. (ii) Transit through navigable waters of the United States which
164.78 Navigation Under Way: Towing Vessels. form a part of an international strait.
164.80 Tests, Inspections, And Voyage Planning.
164.82 Maintenance, Failure, And Reporting. [CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended by CGD
79-148, 45 FR 54039, Aug. 14, 1980; USCG-2003-14757, 68 FR
Authority: 33 U.S.C. 1222(5), 1223, 1231; 46 U.S.C. 2103, 3703; 39367, July 1, 2003; 68 FR 60569, Oct. 22, 2003; USCG-2005-
E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; 21869, 80 FR 5334, Jan. 30, 2015]
Department of Homeland Security Delegation No. 0170.1. Sec.
164.13 also issued under 46 U.S.C. 8502. Sec. 164.46 also 164.03 Incorporation by reference.
issued under 46 U.S.C. 70114 and Sec. 102 of Pub. L. 107-295. (a) Certain material is incorporated by reference into this part with
Sec. 164.61 also issued under 46 U.S.C. 6101. the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Coast Guard must publish notice of
164.01 Applicability. the change in the Federal Register and the material must be
(a) This part (except as specifically limited by this section) applies available to the public. All approved material is available for
to each self-propelled vessel of 1600 or more gross tons (except inspection at the National Archives and Records Administration
as provided in paragraphs (c) and (d) of this section, or for foreign (NARA). For more information on the availability of this material at
vessels described in 164.02) when it is operating in the NARA, call 202-741-6030, or go to: www.archives.gov/federal-
navigable waters of the United States except the St. Lawrence register/cfr/ibr-locations.html. Also, it is available for inspection at
Seaway. the Commandant (CG-NAV), U.S. Coast Guard Stop 7418, Attn:
Office of Navigation Systems, 2703 Martin Luther King Jr. Ave.
(b) Sections 164.70 through 164.82 of this part apply to each SE., Washington, DC 20593-7418, and is available from the
towing vessel of 12 meters (39.4 feet) or more in length operating sources listed below.
in the navigable waters of the United States other than the St.
Lawrence Seaway; except that a towing vessel is exempt from the (b) American Petroleum Institute (API), 1220 L Street NW.,
requirements of 164.72 if it is Washington, DC 20005-4070, 202-682-8000, www.api.org:

535
(1) API Specification 9A, Specification for Wire Rope, Section 3, 1611 N. Kent St., Suite 605, Arlington, VA 22209, 703-527-2000,
Properties and Tests for Wire and Wire Rope, May 28, 1984, IBR www.rtcm.org:
approved for 164.74.
(1) RTCM Paper 12-78/DO-100, Minimum Performance
(2) [Reserved] Standards, Loran C Receiving Equipment, 1977, IBR approved
for 164.41.
(c) ASTM International, 100 Barr Harbor Drive, West
Conshohocken, PA 19428-2959, 610-832-9585, www.astm.org: (2) RTCM Paper 71-95/SC112-STD, RTCM Recommended
Standards for Marine Radar Equipment Installed on Ships of Less
(1) ASTM D4268-93, Standard Test Method for Testing Fiber Than 300 Tons Gross Tonnage, Version 1.1, October 10, 1995,
Rope, IBR approved for 164.74. IBR approved for 164.72.

(2) [Reserved] (3) RTCM Paper 191-93/SC112-X, RTCM Recommended


Standards for Maritime Radar Equipment Installed on Ships of
(d) Cordage Institute, 350 Lincoln Street, Hingham, MA 02043. 300 Tons Gross Tonnage and Upwards, Version 1.2, December
20, 1993, IBR approved for 164.72.
(1) CIA-3, Standard Test Methods for Fiber Rope Including
Standard Terminations, Revised, June 1980, IBR approved for [USCG-2005-21869, 80 FR 5334, Jan. 30, 2015]
164.74.
164.11 Navigation Under Way: General.
(2) [Reserved] The owner, master, or person in charge of each vessel underway
shall ensure that:
(e) International Maritime Organization (IMO), 4 Albert
Embankment, London SE1 7SR, United Kingdom, www.imo.org: (a) The wheelhouse is constantly manned by persons who:

(1) IMO Resolution A342(IX), Recommendation on Performance (1) Direct and control the movement of the vessel; and
Standards for Automatic Pilots, November 12, 1975, IBR
approved for 164.13. (2) Fix the vessel's position;

(2) IMO Resolution A.917(22), Guidelines for the Onboard (b) Each person performing a duty described in paragraph (a) of
Operational Use of Shipborne Automatic Identification System this section is competent to perform that duty;
(AIS), January 25, 2002, IBR approved for 164.46.
(c) The position of the vessel at each fix is plotted on a chart of
(3) Resolution MSC.74(69), Annex 3, Recommendation on the area and the person directing the movement of the vessel is
Performance Standards for a Universal Shipborne Automatic informed of the vessel's position;
Identification System (AIS), May 12, 1998, IBR approved for
164.46. (d) Electronic and other navigational equipment, external fixed
aids to navigation, geographic reference points, and hydrographic
(4) SN/Circ.227, Guidelines for the Installation of a Shipborne contours are used when fixing the vessel's position;
Automatic Identification System (AIS), January 6, 2003, IBR
approved for 164.46. (e) Buoys alone are not used to fix the vessel's position;

(5) SN/Circ.244, Guidance on the Use of the UN/LOCODE in the NOTE: Buoys are aids to navigation placed in approximate
Destination Field in AIS Messages, December 15, 2004, IBR positions to alert the mariner to hazards to navigation or to
approved for 164.46. indicate the orientation of a channel. Buoys may not maintain an
exact position because strong or varying currents, heavy seas, ice,
(6) SN/Circ.245, Amendments to the Guidelines for the and collisions with vessels can move or sink them or set them
Installation of a Shipborne Automatic Identification System adrift. Although buoys may corroborate a position fixed by other
(AIS)(SN/Circ.227), December 15, 2004, IBR approved for means, buoys cannot be used to fix a position: however, if no
164.46. other aids are available, buoys alone may be used to establish an
estimated position.
(7) SOLAS, International Convention for the Safety of Life at Sea,
1974, and 1988 Protocol relating thereto, 2000 Amendments, (f) The danger of each closing visual or each closing radar contact
effective January and July 2002, (SOLAS 2000 Amendments), is evaluated and the person directing the movement of the vessel
IBR approved for 164.46. knows the evaluation;

(8) Conference resolution 1, Adoption of amendments to the (g) Rudder orders are executed as given;
Annex to the International Convention for the Safety of Life at Sea,
1974, and amendments to Chapter V of SOLAS 1974, adopted on (h) Engine speed and direction orders are executed as given;
December 12, 2002, IBR approved for 164.46.
(i) Magnetic variation and deviation and gyrocompass errors are
(9) SN.1/Circ.289, Guidance on the Use of AIS Application- known and correctly applied by the person directing the
Specific Messages, June 2, 2010, IBR approved for 164.46. movement of the vessel;

(f) National Marine Electronics Association (NMEA), 7 Riggs (j) A person whom he has determined is competent to steer the
Avenue, Severna Park, MD 21146, 800-808-6632, www.nmea.org: vessel is in the wheelhouse at all times;1
1
(1) NMEA 0400, Installation Standard for Marine Electronic See also 46 U.S.C. 8702(d), which requires an able seaman at
Equipment used on Moderate-Sized Vessels, Version 3.10, the wheel on U.S. vessels of 100 gross tons or more in narrow or
February 2012, IBR approved for 164.46. crowded waters during low visibility.

(2) [Reserved] (k) If a pilot other than a member of the vessel's crew is employed,
the pilot is informed of the draft, maneuvering characteristics, and
(g) Radio Technical Commission for Maritime Services (RTCM), peculiarities of the vessel and of any abnormal circumstances on

536
the vessel that may affect its safe navigation. or adapted primarily to carry oil or hazardous material in bulk in
the cargo spaces and inspected and certificated as a tanker.
(l) Current velocity and direction for the area to be transited are
known by the person directing the movement of the vessel; (b) Each tanker must have an engineering watch capable of
monitoring the propulsion system, communicating with the bridge,
(m) Predicted set and drift are known by the person directing and implementing manual control measures immediately when
movement of the vessel; necessary. The watch must be physically present in the
machinery spaces or in the main control space and must consist
(n) Tidal state for the area to be transited is known by the person of at least an engineer with an appropriately endorsed license or
directing movement of the vessel; merchant mariner credential.

(o) The vessel's anchors are ready for letting go; (c) Each tanker must navigate with at least two deck officers with
an appropriately endorsed license or merchant mariner credential
(p) The person directing the movement of the vessel sets the on watch on the bridge, one of whom may be a pilot. In waters
vessel's speed with consideration for: where a pilot is required, the second officer, must be an individual
holding an appropriately endorsed license or merchant mariner
(1) The prevailing visibility and weather conditions; credential and assigned to the vessel as master, mate, or officer
in charge of a navigational watch, who is separate and distinct
(2) The proximity of the vessel to fixed shore and marine from the pilot.
structures;
(d) Except as specified in paragraph (e) of this section, a tanker
(3) The tendency of the vessel underway to squat and suffer may operate with an auto pilot engaged only if all of the following
impairment of maneuverability when there is small under keel conditions exist:
clearance;
(1) The operation and performance of the automatic pilot
(4) The comparative proportions of the vessel and the channel; conforms with the standards recommended by the International
Maritime Organization in IMO Resolution A.342(IX).
(5) The density of marine traffic;
(2) A qualified helmsman is present at the helm and prepared at
(6) The damage that might be caused by the vessel's wake; all times to assume manual control.

(7) The strength and direction of the current; and (3) The tanker is not operating in any of the following areas:

(8) Any local vessel speed limit; (i) The areas of the traffic separation schemes specified in
subchapter P of this chapter.
(q) The tests required by 164.25 are made and recorded in the
vessel's log; and (ii) The portions of a shipping safety fairway specified in part 166
of this chapter.
(r) The equipment required by this part is maintained in operable
condition. (iii) An anchorage ground specified in part 110 of this chapter.

(s) Upon entering U.S. waters, the steering wheel or lever on the (iv) An area within one-half nautical mile of any U.S. shore.
navigating bridge is operated to determine if the steering
equipment is operating properly under manual control, unless the [CGD 91-203, 58 FR 27633, May 10, 1993, as amended by CGD
vessel has been steered under manual control from the 91-203, 58 FR 36141, July 6, 1993; 58 FR 36141, July 6, 1993]
navigating bridge within the preceding 2 hours, except when
operating on the Great Lakes and their connecting and tributary 164.15 Navigation Bridge Visibility.
waters. (a) The arrangement of cargo, cargo gear, and trim of all vessels
entering or departing from U.S. ports must be such that the field
(t) At least two of the steering-gear power units on the vessel are of vision from the navigation bridge conforms as closely as
in operation when such units are capable of simultaneous possible to the following requirements:
operation, except when the vessel is sailing on the Great Lakes
and their connecting and tributary waters, and except as required (1) From the conning position, the view of the sea surface must
by paragraph (u) of this section. not be obscured by more than the lesser of two ship lengths or
500 meters (1640 feet) from dead ahead to 10 degrees on either
(u) On each passenger vessel meeting the requirements of the side of the vessel. Within this arc of visibility any blind sector
International Convention for the Safety of Life at Sea, 1960 caused by cargo, cargo gear, or other permanent obstruction
(SOLAS 60) and on each cargo vessel meeting the requirements must not exceed 5 degrees.
of SOLAS 74 as amended in 1981, the number of steering-gear
power units necessary to move the rudder from 35 on either side (2) From the conning position, the horizontal field of vision must
to 30 on the other in not more than 28 seconds must be in extend over an arc from at least 22.5 degrees abaft the beam on
simultaneous operation. one side of the vessel, through dead ahead, to at least 22.5
degrees abaft the beam on the other side of the vessel. Blind
[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD sectors forward of the beam caused by cargo, cargo gear, or
83-004, 49 FR 43466, Oct. 29, 1984; CGD 91-203, 58 FR 27633, other permanent obstruction must not exceed 10 degrees each,
May 10, 1993; 60 FR 24767, May 10, 1995] nor total more than 20 degrees, including any blind sector within
the arc of visibility described in paragraph (a)(1) of this section.
164.13 Navigation Underway: Tankers.
(3) From each bridge wing, the field of vision must extend over an
Effective Date Note: At 58 FR 36141, July 6, 1993, 164.13 was arc from at least 45 degrees on the opposite bow, through dead
amended by suspending paragraph (e), effective July 9, 1993. ahead, to at least dead astern.

(a) As used in this section, "tanker" means a self-propelled tank (4) From the main steering position, the field of vision must extend
vessel, including integrated tug barge combinations, constructed over an arc from dead ahead to at least 60 degrees on either side

537
of the vessel. passage of the St. Lawrence Seaway or within one hour of
passing Wolfe Island.
(b) A clear view must be provided through at least two front
windows at all times regardless of weather conditions. (d) No vessel may enter, or be operated on the navigable waters
of the United States unless the emergency steering drill described
[CGD 85-099, 55 FR 32247, Aug. 8, 1990, as amended by below has been conducted within 48 hours prior to entry and
USCG-2006-25150, 71 FR 39211, July 12, 2006] logged in the vessel logbook, unless the drill is conducted and
logged on a regular basis at least once every three months. This
164.19 Requirements For Vessels At Anchor. drill must include at a minimum the following:
The master or person in charge of each vessel that is anchored
shall ensure that: (1) Operation of the main steering gear from within the steering
gear compartment.
(a) A proper anchor watch is maintained;
(2) Operation of the means of communications between the
(b) Procedures are followed to detect a dragging anchor; and navigating bridge and the steering compartment.

(c) Whenever weather, tide, or current conditions are likely to (3) Operation of the alternative power supply for the steering gear
cause the vessel's anchor to drag, action is taken to ensure the if the vessel is so equipped.
safety of the vessel, structures, and other vessels, such as being
ready to veer chain, let go a second anchor, or get underway (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))
using the vessel's own propulsion or tug assistance.
[CGD 77-183, 45 FR 18925, Mar. 24, 1980, as amended by CGD
[CGD 74-77, 42 FR 5956, Jan. 31, 1977] 83-004, 49 FR 43466, Oct. 29, 1984]

164.25 Tests Before Entering Or Getting Underway. 164.30 Charts, Publications, And Equipment: General.
(a) Except as provided in paragraphs (b) and (c) of this section no No person may operate or cause the operation of a vessel unless
person may cause a vessel to enter into or get underway on the the vessel has the marine charts, publications, and equipment as
navigable waters of the United States unless no more than 12 required by 164.33 through 164.41 of this part.
hours before entering or getting underway, the following
equipment has been tested: [CGD 82-055, 48 FR 44535, Sept. 29, 1983]

(1) Primary and secondary steering gear. The test procedure 164.33 Charts And Publications.
includes a visual inspection of the steering gear and its (a) Each vessel must have the following:
connecting linkage, and, where applicable, the operation of the
following: (1) Marine charts of the area to be transited, published by the
National Ocean Service, U.S. Army Corps of Engineers, or a river
(i) Each remote steering gear control system. authority that-

(ii) Each steering position located on the navigating bridge. (i) Are of a large enough scale and have enough detail to make
safe navigation of the area possible; and
(iii) The main steering gear from the alternative power supply, if
installed. (ii) Are currently corrected.

(iv) Each rudder angle indicator in relation to the actual position of (2) For the area to be transited, a currently corrected copy of, or
the rudder. applicable currently corrected extract from, each of the following
publications:
(v) Each remote steering gear control system power failure alarm.
(i) U.S. Coast Pilot.
(vi) Each remote steering gear power unit failure alarm.
(ii) Coast Guard Light List.
(vii) The full movement of the rudder to the required capabilities of
the steering gear. (3) For the area to be transited, the current edition of, or
applicable current extract from:
(2) All internal vessel control communications and vessel control
alarms. (i) Tide tables published by private entities using data provided by
the National Ocean Service.
(3) Standby or emergency generator, for as long as necessary to
show proper functioning, including steady state temperature and (ii) Tidal current tables published by private entities using data
pressure readings. provided by the National Ocean Service, or river current
publication issued by the U.S. Army Corps of Engineers, or a river
(4) Storage batteries for emergency lighting and power systems in authority.
vessel control and propulsion machinery spaces.
(b) As an alternative to the requirements for paragraph (a) of this
(5) Main propulsion machinery, ahead and astern. section, a marine chart or publication, or applicable extract,
published by a foreign government may be substituted for a U.S.
(b) Vessels navigating on the Great Lakes and their connecting chart and publication required by this section. The chart must be
and tributary waters, having once completed the test of large enough scale and have enough detail to make safe
requirements of this subpart, are considered to remain in navigation of the area possible, and must be currently corrected.
compliance until arriving at the next port of call on the Great The publication, or applicable extract, must singly or in
Lakes. combination contain similar information to the U.S. Government
publication to make safe navigation of the area possible. The
(c) Vessels entering the Great Lakes from the St. Lawrence publication, or applicable extract must be currently corrected, with
Seaway are considered to be in compliance with this sub-part if the exceptions of tide and tidal current tables, which must be the
the required tests are conducted preparatory to or during the current editions.

538
(c) As used in this section, "currently corrected" means corrected The response of the (name of the vessel) may be different
with changes contained in all Notices to Mariners published by the from that listed above if any of the following conditions, upon
National Imagery and Mapping Agency, or an equivalent foreign which the maneuvering information is based, are varied:
government publication, reasonably available to the vessel, and (1) Calm weather-wind 10 knots or less, calm sea;
that is applicable to the vessel's transit. (2) No current;
(3) Water depth twice the vessel's draft or greater;
[CGD 82-055, 48 FR 44535, Sept. 29, 1983; 66 FR 33637, June (4) Clean hull; and
25, 2001] (5) Intermediate drafts or unusual trim.
164.35 Equipment: All Vessels. (h) An echo depth sounding device.
Each vessel must have the following:
(i) A device that can continuously record the depth readings of the
(a) A marine radar system for surface navigation. vessel's echo depth sounding device, except when operating on
the Great Lakes and their connecting and tributary waters.
(b) An illuminated magnetic steering compass, mounted in a
binnacle, that can be read at the vessel's main steering stand. (j) Equipment on the bridge for plotting relative motion.
(c) A current magnetic compass deviation table or graph or (k) Simple operating instructions with a block diagram, showing
compass comparison record for the steering compass, in the the change-over procedures for remote steering gear control
wheelhouse. systems and steering gear power units, permanently displayed on
the navigating bridge and in the steering gear compartment.
(d) A gyrocompass.
(l) An indicator readable from the centerline conning position
(e) An illuminated repeater for the gyrocompass required by showing the rate of revolution of each propeller, except when
paragraph (d) of this section that is at the main steering stand, operating on the Great Lakes and their connecting and tributary
unless that gyrocompass is illuminated and is at the main steering waters.
stand.
(m) If fitted with controllable pitch propellers, an indicator readable
(f) An illuminated rudder angle indicator in the wheelhouse. from the centerline conning position showing the pitch and
operational mode of such propellers, except when operating on
(g) The following maneuvering information prominently displayed the Great Lakes and their connecting and tributary waters.
on a fact sheet in the wheelhouse:
(n) If fitted with lateral thrust propellers, an indicator readable from
(1) A turning circle diagram to port and starboard that shows the the centerline conning position showing the direction and amount
time and distance and advance and transfer required to alter of thrust of such propellers, except when operating on the Great
course 90 degrees with maximum rudder angle and constant Lakes and their connecting and tributary waters.
power settings, for either full and half speeds, or for full and slow
speeds. For vessels whose turning circles are essentially the (o) A telephone or other means of communication for relaying
same for both directions, a diagram showing a turning circle in headings to the emergency steering station. Also, each vessel of
one direction, with a note on the diagram stating that turns to port 500 gross tons and over and constructed on or after June 9, 1995
and starboard are essentially the same, may be substituted. must be provided with arrangements for supplying visual
compass-readings to the emergency steering station.
(2) The time and distance to stop the vessel from either full and
half speeds, or from full and slow speeds, while maintaining (92 Stat. 1471 (33 U.S.C. 1221 et seq.); 49 CFR 1.46(n)(4))
approximately the initial heading with minimum application of the
rudder. [CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD
77-183, 45 FR 18925, Mar. 24, 1980; CGD 83-004, 49 FR 43466,
(3) For each vessel with a fixed propeller, a table of shaft Oct. 29, 1984; 60 FR 24767, May 10, 1995; 60 FR 28834, June 2,
revolutions per minute for a representative range of speeds. 1995]
(4) For each vessel with a controllable pitch propeller, a table of 164.37 Equipment: Vessels Of 10,000 Gross Tons Or More.
control settings for a representative range of speeds. (a) Each vessel of 10,000 gross tons or more must have, in
addition to the radar system under 164.35(a), a second marine
(5) For each vessel that is fitted with an auxiliary device to assist radar system that operates independently of the first.
in maneuvering, such as a bow thruster, a table of vessel speeds
at which the auxiliary device is effective in maneuvering the Note:Independent operation means two completely separate
vessel. systems, from separate branch power supply circuits or
distribution panels to antennas, so that failure of any component
(6) The maneuvering information for the normal load and normal of one system will not render the other system inoperative.
ballast condition for:
(b) On each tanker of 10,000 gross tons or more that is subject to
(i) Calm weather-wind 10 knots or less, calm sea; 46 U.S.C. 3708, the dual radar system required by this part must
have a short range capability and a long range capability; and
(ii) No current; each radar must have true north features consisting of a display
that is stabilized in azimuth.
(iii) Deep water conditions-water depth twice the vessel's draft or
greater; and (Titles I and II, 86 Stat. 426, 427 (33 U.S.C. 1224; 46 U.S.C.
391(a); 49 CFR 1.46(n)(4))
(iv) Clean hull.
[CGD 77-016, 43 FR 32112, July 24, 1978, as amended by CGD
(7) At the bottom of the fact sheet, the following statement: 79-033, 44 FR 26741, May 7, 1979; CGD 79-033, 47 FR 34389,
Aug. 9, 1982; USCG-1998-3799, 63 FR 35532, June 30, 1998]
WARNING!

539
164.38 Automatic Radar Plotting Aids (ARPA). have a permanently affixed label containing:
(a) The following definitions are used in this section
(i) The name and address of the manufacturer; and
Bulk means material in any quantity that is shipped, stored, or
handled without benefit of package, label, mark or count and (ii) The following statement:This device was designed and
carried in integral or fixed independent tanks.Constructed means manufactured to comply with the International Maritime
a stage of construction where Organization (IMO) Performance Standards for Automatic Radar
Plotting Aids (ARPA).
(1) The keel is laid;
(2) [Reserved]
(2) Construction identifiable with a specific ship begins; or
Appendix A to 164.38Performance Standards For Automatic
(3) Assembly of that ship has commenced comprising at least 50 Radar Plotting Aids (ARPA)
tons or 1 percent of the estimated mass of all structural material,
whichever is less. 1Introduction

Hazardous material means 1.1The Automatic Radar Plotting Aids (ARPA) should, in order to
improve the standard of collision avoidance at sea:
(1) A flammable liquid as defined in 46 CFR 30.10-22 or a
combustible liquid as defined in 46 CFR 30.10-15; .1Reduce the work-load of observers by enabling them to
automatically obtain information so that they can perform as well
(2) A material listed in table 151.05 of 46 CFR 151.05, table 1 of with multiple targets as they can by manually plotting a single
46 CFR 153, or table 4 of 46 CFR Part 154; or target; and

(3) A liquid, liquefied gas, or compressed gas listed in 49 CFR .2Provide continuous, accurate and rapid situation evaluation.
172.101.
1.2In addition to the General Requirements for Electronic
Self-propelled vessel includes those combinations of pushing Navigational Aids ([IMO] Res. A.281(VII)), the ARPA should
vessel and vessel being pushed ahead which are rigidly comply with the following minimum performance standards.
connected in a composite unit and are required by Rule 24(b) of
the International Regulations for Preventing Collisions at Sea, 2Definitions
1972 (72 COLREGS) (App. A to 33 CFR Part 81) to exhibit the
lights prescribed in Rule 23 for a Power Driven Vessel 2.1Definitions of terms in these performance standards are given
Underway. in Annex 1.

Tank vessel means a vessel that is constructed or adapted to 3Performance Standards


carry; or carries, oil or hazardous materials in bulk as cargo or
cargo residue. 3.1Detection

(b) An Automatic Radar Plotting Aid (ARPA) that complies with 3.1.1Where a separate facility is provided for detection of targets,
the standard for such devices adopted by the International other than by the radar observer, it should have a performance
Maritime Organization in its Operational Standards for Automatic not inferior to that which could be obtained by the use of the radar
Radar Plotting Aids (Appendix A), and that has both audible and display.
visual alarms, must be installed as follows:
3.2Acquisition
(1) Each self-propelled vessel, except a public vessel, of 10,000
gross tons or more carrying oil or hazardous materials in bulk as 3.2.1Target acquisition may be manual or automatic. However,
cargo or in residue on the navigable waters of the United States, there should always be a facility to provide for manual acquisition
or which transfers oil or hazardous materials in any port or place and cancellation. ARPA with automatic acquisition should have a
subject to the jurisdiction of the United States, must be equipped facility to suppress acquisition in certain areas. On any range
with an ARPA. scale where acquisition is suppressed over a certain area, the
area of acquisition should be indicated on the display.
(2) Each tank vessel of 10,000 gross tons or more operating on
the navigable waters of the United States must be equipped with 3.2.2Automatic or manual acquisition should have a performance
an ARPA. not inferior to that which could be obtained by the user of the
radar display.
(3) Each self-propelled vessel of 15,000 gross tons or more that is
not a tank vessel, and is not carrying oil or hazardous material in 3.3Tracking
bulk as cargo or in residue operating on the navigable waters of
the United States, and was constructed before September 1, 3.3.1The ARPA should be able to automatically track, process,
1984, must be equipped with an ARPA, except when it is simultaneously display and continuously update the information
operating on the Great Lakes and their connecting and tributary on at least:
waters.
.120 targets, if automatic acquisition is provided, whether
(4) Each vessel of 10,000 gross tons or more, except when automatically or manually acquired; or
operating on the Great Lakes and their connecting and tributary
waters, constructed on or after September 1, 1984 must be .210 targets, if only manual acquisition is provided.
equipped with an ARPA.
3.3.2If automatic acquisition is provided, description of the criteria
(c) [Reserved] of selection of targets for tracking should be provided to the user.
If the ARPA does not track all targets visible on the display,
(d) targets which are being tracked should be clearly indicated on the
display. The reliability of tracking should not be less than that
(1) Each device required under paragraph (b) of this section must obtainable using manual recording of successive target positions

540
obtained from the radar display. observer. It should be possible to cancel the display of unwanted
ARPA data.
3.3.3Provided the target is not subject to target swop, the ARPA
should continue to track an acquired target which is clearly 3.4.9Means should be provided to adjust independently the
distinguishable on the display for 5 out of 10 consecutive scans. brilliance of the ARPA data and radar data, including complete
elimination of the ARPA data.
3.3.4The possibility of tracking errors, including target swop,
should be minimized by ARPA design. A qualitative description of 3.4.10The method of presentation should ensure that the ARPA
the effects of error sources on the automatic tracking and data is clearly visible in general to more than one observer in the
corresponding errors should be provided to the user, including the conditions of light normally experienced on the bridge of a ship by
effects of low signal to noise and low signal to clutter ratios day and by night. Screening may be provided to shade the display
caused by sea returns, rain, snow, low clouds and non- from sunlight but not to the extent that it will impair the observer's
synchronous emission. ability to maintain a proper lookout. Facilities to adjust the
brightness should be provided.
3.3.5The ARPA should be able to display on request at least four
equally time-spaced past positions of any targets being tracked 3.4.11Provisions should be made to obtain quickly the range and
over a period of at least eight minutes. bearing of any object which appears on the ARPA display.

3.4Display 3.4.12When a target appears on the radar display and, in the


case of automatic acquisition, enters within the acquisition area
3.4.1The Display may be a separate or integral part of the ship's chosen by the observer or, in the case of manual acquisition, has
radar. However, the ARPA display should include all the data been acquired by the observer, the ARPA should present in a
required to be provided by a radar display in accordance with the period of not more than one minute an indication of the target's
performance standards for navigational radar equipment adopted motion trend and display within three minutes the target's
by the Organization. predicted motion in accordance with paragraphs 3.4.7, 3.6, 3.8.2
and 3.8.3.
3.4.2 The design should be such that any malfunction of ARPA
parts producing information additional to information to be 3.4.13After changing range scales on which the ARPA facilities
produced by the radar as required by the performance standards are available or resetting the display, full plotting information
for navigational equipment adopted by IMO should not affect the should be displayed within a period of time not exceeding four
integrity of the basic radar presentation. scans.

3.4.3 The display on which ARPA information is presented should 3.5Operational Warnings
have an effective diameter of at least 340 mm.
3.5.1The ARPA should have the capability to warn the observer
3.4.4The ARPA facilities should be available on at least the with a visual and/or audible signal of any distinguishable target
following range scales: which closes to a range or transits a zone chosen by the observer.
The target causing the warning should be clearly indicated on the
.112 or 16 miles; display.

.23 or 4 miles. 3.5.2The ARPA should have the capability to warn the observer
with a visual and/or audible signal of any tracked target which is
3.4.5There should be a positive indication of the range scale in predicted to close to within a minimum range and time chosen by
use. the observer. The target causing the warning should be clearly
indicated on the display.
3.4.6The ARPA should be capable of operating with a relative
motion display with north-up and either head-up or course-up 3.5.3The ARPA should clearly indicate if a tracked target is lost,
azimuth stabilization. In addition, the ARPA may also provide for a other than out of range, and the target's last tracked position
true motion display. If true motion is provided, the operator should should be clearly indicated on the display.
be able to select for his display either true or relative motion.
There should be a positive indication of the display mode and 3.5.4It should be possible to activate or de-activate the
orientation in use. operational warnings.

3.4.7The course and speed information generated by the ARPA 3.6Data Requirements
for acquired targets should be displayed in a vector or graphic
form which clearly indicates the target's predicted motion. In this 3.6.1At the request of the observer the following information
regard: should be immediately available from the ARPA in alphanumeric
form in regard to any tracked target:
.1ARPA presenting predicted information in vector form only
should have the option of both true and relative vectors; 1. Present range to the target;

.2An ARPA which is capable of presenting target course and 2. Present bearing of the target;.
speed information in graphic form, should also, on request,
provide the target's true and/or relative vector; .3Predicted target range at the closest point of approach (CPA);

.3Vectors displayed should be either time adjustable or have a .4Predicted time to CPA (TCPA);
fixed time-scale;
.5Calculated true course of target;
.4A positive indication of the time-scale of the vector in use should
be given. .6Calculated true speed of target.

3.4.8The ARPA information should not obscure radar information 3.7Trial Manoeuvre
in such a manner as to degrade the process of detecting targets.
The display of ARPA data should be under the control of the radar 3.7.1The ARPA should be capable of simulating the effect on all

541
tracked targets of an own ship manoeuvre without interrupting the of Terms To Be Used Only in Connection With ARPA
updating of target information. The simulation should be initiated Performance StandardsRelative courseThe direction of motion
by the depression either of a spring-loaded switch, or of a function of a target related to own ship as deduced from a number of
key, with a positive identification on the display. measurements of its range and bearing on the radar. Expressed
as an angular distance from North.Relative speedThe speed of
3.8Accuracy a target related to own ship, as deduced from a number of
measurements of its range and bearing on the radar.True
3.8.1The ARPA should provide accuracies not less than those courseThe apparent heading of a target obtained by the
given in paragraphs 3.8.2 and 3.8.3 for the four scenarios defined vectorial combination of the target's relative motion and ship's
in Annex 2. With the sensor errors specified in Annex 3, the own motion 1. Expressed as an angular distance from North.
values given relate to the best possible manual plotting
performance under environmental conditions of plus and minus Footnote(s):1 For the purpose of these definitions there is no
ten degrees of roll. need to distinguish between sea or ground stabilization.

3.8.2An ARPA should present within one minute of steady state True speedThe speed of a target obtained by the vectorial
tracking the relative motion trend of a target with the following combination of its relative motion and own ship's motion 1.
accuracy values (95 percent probability values):
BearingThe direction of one terrestrial point from another.
Relative course CPA Expressed as an angular distance from North.
Scenario/data Relative speed (Knots)
(degrees) (n.m.)
Relative motion displayThe position of own ship on such a
1 11 2.8 1.6 display remains fixed.
2 7 0.6
True motion displayThe position of own ship on such
3 14 2.2 1.8 display moves in accordance with its own motion.

4 15 1.5 2.0 Azimuth stabilizationOwn ship's compass information


is fed to the display so that echoes of targets on the
3.8.3An ARPA should present within three minutes of steady state display will not be caused to smear by changes of own
tracking the motion of a target with the following accuracy values ship's heading.
(95 percent probability values):
/North-upThe line connecting the center with the top
of this display is North.
Relative True True
Scenario Relative C.P.A. TCPA
speed course speed
/data course (deg.) (n.m.) (mins)
(knots) (deg.) (knots) /Head-upThe line connecting the center with the top of
the display is own ship heading.
1 3.0 0.8 0.5 1.0 7.5 1.2

2 2.3 .3 2.9 .8 /Course-upAn intended course can be set to the line


connecting the center with the top of the display.
3 4.4 .9 .7 1.0 3.3 1.0
HeadingThe direction in which the bow of a vessel is
4 4.6 .8 .7 1.0 2.6 1.2
pointing. Expressed as an angular distance from North.

3.8.4When a tracked target, or own ship, has completed a Target's predicted motionThe indication on the
manoeuvre, the system should present in a period of not more display of a liner extrapolation into the future of a
than one minute an indication of the target's motion trend, and target's motion, based on measurements of the target's
display within three minutes the target's predicted motion in
range and bearing on the radar in the recent past.
accordance with paragraphs 3.4.7, 3.6, 3.8.2 and 3.8.33.8.5The
ARPA should be designed in such a manner that under the most
Target's motion trendAn early indication of the
favorable conditions of own ship motion the error contribution
from the ARPA should remain insignificant compared to the errors target's predicted motion.
associated with the input sensors, for scenarios of Annex 2.
Radar PlottingThe whole process of target detection,
3.9Connections with other equipment tracking, calculation of parameters and display of
information.
3.9.1The ARPA should not degrade the performance of any
equipment providing sensor inputs. The connection of the ARPA DetectionThe recognition of the presence of a target.
to any other equipment should not degrade the performance of
that equipment. AcquisitionThe selection of those targets requiring a
tracking procedure and the initiation of their tracking.
3.10Performance test and warnings
TrackingThe process of observing the sequential
3.10.1The ARPA should provide suitable warnings of ARPA changes in the position of a target, to establish its motion.
malfunction to enable the observer to monitor the proper
operation of the system. Additionally test programmes should be DisplayThe plan position presentation of ARPA data
available so that the overall performance of ARPA can be
with radar data.
assessed periodically against a known solution.

3.11Equipment used with ARPA ManualAn activity which a radar observer performs,
possibly with assistance from a machine.
3.11.1Log and speed indicators providing inputs to ARPA
equipment should be capable of providing the ship's speed AutomaticAn activity which is performed wholly by a
through the water.Annex 1 to Appendix A to 164.38Definitions machine.

542
Annex 2 to Appendix A to 164.38Operational performance standards for shipborne navigational
Scenarios equipment. 2

For each of the following scenarios predictions are made Footnote(s):2 In calculations leading to the accuracy
at the target position defined after previously tracking for figures quoted in paragraph 3.8, these sensor error
the appropriate time of one or three minutes: sources and magnitudes were used. They were arrived at
during discussions with national government agencies
Scenario 1 and equipment manufacturers and are appropriate to
equipments complying with the Organization's draft
Own ship course000 performance standards for radar equipment (preliminary)
(NAV XXII/WP.14), gyro compasses (NAV XXI/9, Annex X)
Own ship speed10 kt and logs (preliminary) (NAV XXII/WP.15).Independent
studies carried out by national government agencies and
Target range8 n.m. equipment manufacturers have resulted in similar
accuracies, where comparisons were made.
Bearing of target000
Note: o means standard deviation
Relative course of target180
Radar
Relative speed of target20 kt
Target Glint (Scintillation) (for 200 m length target)
Scenario 2
Along length of target o = 30 m. (normal distribution)
Own ship course000
Across beam of target o = 1 m. (normal distribution)
Own ship speed10 kt
Roll-Pitch Bearing. The bearing error will peak in each of
Target range1 n.m. the four quadrants around own ship for targets on
relative bearings of 045, 135, 225 and 315 and will
Bearing of target000 be zero at relative bearings of 0, 90, 180 and 270.
This error has a sinusoidal variation at twice the roll
Relative course of target090 frequency. For a 10 roll the mean error is 0.22 with a
0.22 peak sine wave superimposed.
Relative speed of target10 kt
Beam shapeassumed normal distribution giving bearing
Scenario 3 error with o = 0.05.

Own ship course000 Pulse shape assumed normal distribution giving range
error with o = 20 meters.
Own ship speed5 kt
Antenna backlashassumed rectangular distribution
Target range8 n.m. giving bearing error 0.5 maximum.

Bearing of target045 Quantization

Relative course of target225 Bearingrectangular distribution 0.01 maximum.

Relative speed of target20 kt Rangerectangular distribution 0.01 n.m. maximum.

Code of Federal Regulations610 Bearing encoder assumed to be running from a remote


synchro giving bearing errors with a normal distribution o
Scenario 4 = 0.03

Own ship course000 Gyro compass

Own ship speed25 kt Calibration error 0.5.

Target range8 n.m. Normal distribution about this with o = 0.12.

Bearing of target045 Log

Relative course of target225 Calibration error 0.5 kt.

Relative speed of target20 kt Normal distribution about this, 3 o = 0.2 kt.Appendix B to

Annex 3 to Appendix A to 164.38Sensor Errors Appendix B to 164.38U.S. Maritime Administration


Collision Avoidance System Specification
The accuracy figures quoted in paragraph 3.8 are based
upon the following sensor errors and are appropriate to A collision system designed as a supplement to both
equipment complying with the Organization's surface search navigational radars via interswitching shall

543
be installed. The system shall provide unattended the collision avoidance function.
monitoring of all radar echoes and automatic audio and
visual alarm signals that will alert the watch officer of a [CGD 79-148, 45 FR 54039, Aug. 14, 1980; 45 FR 71800, Oct. 30,
possible threat. The display shall be contained within a 1980, as amended by CGD 83-004, 49 FR 43467, Oct. 29, 1984;
console capable of being installed adjacent to the radar USCG-1998-3799, 63 FR 35532, June 30, 1998; USCG-2011-
displays in the wheelhouse and may form a part of the 0257, 76 FR 31838, June 2, 2011]
bridge console.
164.40 Devices To Indicate Speed And Distance.
Provision for signal input from the ship's radars, gyro (a) Each vessel required to be fitted with an Automatic Radar
Plotting Aid (ARPA) under 164.38 of this part must be fitted with
compass, and speed log, without modification to these
a device to indicate speed and distance of the vessel either
equipments shall be made. The collision avoidance
through the water or over the ground.
system, whether operating normally or having failed,
must not introduce any spurious signals or otherwise (b) The device must meet the following specifications:
degrade the performance of the radars, the gyro
compass or the speed log. (1) The display must be easily readable on the bridge by day or
night.
Computer generated display data for each acquired
target shall be in the form of a line or vector indicating (2) Errors in the indicated speed, when the vessel is operating
true or relative target course, speed and both present free from shallow water effect, and from the effects of wind,
and extrapolated future positions. Data shall be current, and tide, should not exceed 5 percent of the speed of the
automatically displayed on a cathode ray tube or other vessel, or 0.5 knot, whichever is greater.
suitable display contrivance sufficiently bright and
unobstructed to permit viewing by more than one person (3) Errors in the indicated distance run, when the vessel is
at a time. operating free from shallow water effect, and from the effects of
wind, current, and tide, should not exceed 5 percent of the
In addition to displaying the collision potential of the distance run of the vessel in one hour or 0.5 nautical mile in each
hour, whichever is greater.
most threatening fixed and moving targets, the system
shall be capable of simultaneously showing land masses.
[CGD 83-004, 49 FR 43467, Oct. 29, 1984; 63 FR 35524, June 30,
The system display shall include a heading indication and
1998]
bearing ring. The system shall also have the capability of
allowing the operator to select head-up and to cancel 164.41 Electronic Position Fixing Devices.
the vector or line presentation of any of the targets. The (a) Each vessel calling at a port in the continental United States,
presentation shall be non-smearing when changing including Alaska south of Cape Prince of Wales, except each
modes or display scales in order to permit rapid vessel owned or bareboat chartered and operated by the United
evaluation of the displayed data. States, or by a state or its political subdivision, or by a foreign
nation, and not engaged in commerce, must have a satellite
Target acquisition, for display data purposes, may be navigation receiver with
manual, automatic or both, as specified by Owner.
(1) Automatic acquisition of satellite signals after initial operator
For any manual acquisition system the alarms shall be settings have been entered; and
initiated by a preset minimum range; and likewise for
any automatic acquisition system the alarms shall be (2) Position updates derived from satellite information during each
initiated by a preset minimum acceptable passing usable satellite pass.
distance (CPAClosest Point of Approach) and a preset
(b) A system that is found by the Commandant to meet the intent
advance warning time (TCPATime to Closest Point of
of the statements of availability, coverage, and accuracy for the
Approach). Means shall be provided to silence the audio
U.S. Coastal Confluence Zone (CCZ) contained in the U.S.
alarm for a given threat but the alarm shall resound upon Federal Radionavigation Plan (Report No. DOD-NO 4650.4-P, I
a subsequent threat. The visual alarm shall continue to or No. DOT-TSC-RSPA-80-16, I). A person desiring a finding by
operate until all threats have been eliminated. If the the Commandant under this subparagraph must submit a written
collision avoidance system fails to perform as indicated application describing the device to the Commandant (CG-DCO-
above, after the system is set for unattended monitoring, D), Attn: Deputy for Operations Policy and Capabilities, U.S.
the system shall produce both audio and visual warning Coast Guard Stop 7318, 2703 Martin Luther King Jr. Avenue SE.,
alarms. Washington, DC 20593-7318. After reviewing the application, the
Commandant may request additional information to establish
The system shall be capable of simulating a trial whether or not the device meets the intent of the Federal
maneuver. Radionavigation Plan. Note: The Federal Radionavigation Plan is
available from the National Technical Information Service,
In addition to the target display, an alpha-numeric Springfield, Va. 22161, with the following Government Accession
readout shall be provided which can present range, Numbers:
bearing, course, speed, CPA and TCPA for any selected
target, either on the target display or by other display Vol 1, ADA 116468
means.
Vol 2, ADA 116469
The collision avoidance system shall be energized from
Vol 3, ADA 116470
the interior communications panel board in the
wheelhouse. Vol 4, ADA 116471

The collision avoidance function may be incorporated in [USCG-2011-0257, 76 FR 31838, June 2, 2011, as amended by
an integrated conning system, provided that failure of USCG-2014-0410, 79 FR 38442, July 7, 2014]
any other integrated system component will not degrade

544
164.42 Rate Of Turn Indicator. (ii) Vessels identified in paragraph (b)(1)(i) of this section that are
Each vessel of 100,000 gross tons or more constructed on or certificated to carry less than 150 passengers and that
after September 1, 1984 shall be fitted with a rate of turn indicator.
(A) Do not operate in a Vessel Traffic Service (VTS) or Vessel
[CGD 83-004, 49 FR 43468, Oct. 29, 1984] Movement Reporting System (VMRS) area defined in Table
161.12(c) of 161.12 of this chapter, and
164.46 Automatic Identification System.
(a) Definitions. As used in this section (B) Do not operate at speeds in excess of 14 knots; and

Automatic Identification Systems or AIS means a maritime (iii) Vessels identified in paragraph (b)(1)(iv) of this section
navigation safety communications system standardized by the engaged in dredging operations.
International Telecommunication Union (ITU), adopted by the
International Maritime Organization (IMO), that Note to paragraph (b): Under 33 U.S.C. 1223(b)(3) and 33 CFR
160.111, a Coast Guard Captain of the Port (COTP) may restrict
(1) Provides vessel information, including the vessel's identity, the operation of a vessel if he or she determines that by reason of
type, position, course, speed, navigational status and other weather, visibility, sea conditions, port congestion, other
safety-related information automatically to appropriately equipped hazardous circumstances, or the condition of such vessel, the
shore stations, other ships, and aircraft; restriction is justified in the interest of safety. In certain
circumstances, if a COTP is concerned that the operation of a
(2) Receives automatically such information from similarly fitted vessel not subject to 164.46 would be unsafe, the COTP may
ships, monitors and tracks ships; and determine that voluntary installation of AIS by the operator would
mitigate that concern.
(3) Exchanges data with shore-based facilities.
(c) SOLAS provisions. The following self-propelled vessels must
Gross tonnage means tonnage as defined under the comply with International Convention for Safety of Life at Sea
International Convention on Tonnage Measurement of Ships, (SOLAS), as amended, Chapter V, regulation 19.2.1.6
1969. (Positioning System), 19.2.4 (AIS Class A), and 19.2.3.5
(Transmitting Heading Device) or 19.2.5.1 (Gyro Compass) as
International voyage means a voyage from a country to which applicable (Incorporated by reference, see 164.03):
the present International Convention for the Safety of Life at Sea
applies to a port outside such country, or conversely. (1) A vessel of 300 gross tonnage or more, on an international
voyage.
Properly installed, operational means an Automatic
Identification System (AIS) that is installed and operated using the (2) A vessel of 150 gross tonnage or more, when carrying more
guidelines set forth by the International Maritime Organization than 12 passengers on an international voyage.
(IMO) Resolution A.917(22) and Safety of Navigation Circulars
(SN/Circ.) 227, 244, 245, and SN.1/Circ.289; or National Marine (d) Operations. The requirements in this paragraph are
Electronics Association (NMEA) Installation Standard 0400-3.10 applicable to any vessel equipped with AIS.
in lieu of SN/Circ.227 and 245 (incorporated by reference, see
164.03). (1) Use of AIS does not relieve the vessel of the requirements to
sound whistle signals or display lights or shapes in accordance
(b) AIS carriage with the International Regulations for Preventing Collisions at Sea,
1972 (72 COLREGS), 28 U.S.T. 3459, T.I.A.S. 8587, or Inland
(1) AIS Class A device. The following vessels must have on board Navigation Rules, 33 CFR part 83; nor of the radio requirements
a properly installed, operational Coast Guard type-approved AIS of the Vessel Bridge-to-Bridge Radiotelephone Act, 33 U.S.C.
Class A device: 1201-1208, part 26 of this chapter, and 47 CFR part 80.

(i) A self-propelled vessel of 65 feet or more in length, engaged in (2) AIS must be maintained in effective operating condition, which
commercial service. includes

(ii) A towing vessel of 26 feet or more in length and more than 600 (i) The ability to reinitialize the AIS, which requires access to and
horsepower, engaged in commercial service. knowledge of the AIS power source and password;

(iii) A self-propelled vessel that is certificated to carry more than (ii) The ability to access AIS information from the primary conning
150 passengers. position of the vessel;

(iv) A self-propelled vessel engaged in dredging operations in or (iii) The accurate broadcast of a properly assigned Maritime
near a commercial channel or shipping fairway in a manner likely Mobile Service Identity (MMSI) number;
to restrict or affect navigation of other vessels.
(iv) The accurate input and upkeep of all AIS data fields and
(v) A self-propelled vessel engaged in the movement of system updates; and

(A) Certain dangerous cargo as defined in subpart C of part 160 (v) For those vessels denoted in paragraph (b) of this section, the
of this chapter, or continual operation of AIS and its associated devices (e.g.,
positioning system, gyro, converters, displays) at all times while
(B) Flammable or combustible liquid cargo in bulk that is listed in the vessel is underway or at anchor, and, if moored, at least 15
46 CFR 30.25-1, Table 30.25-1. minutes prior to getting underway; except when its operation
would compromise the safety or security of the vessel or a
(2) AIS Class B device. Use of a Coast Guard type-approved AIS security incident is imminent. The AIS should be returned to
Class B device in lieu of an AIS Class A device is permissible on continuous operation as soon as the compromise has been
the following vessels if they are not subject to pilotage by other mitigated or the security incident has passed. The time and
than the vessel Master or crew: reason for the silent period should be recorded in the ship's
official log and reported to the nearest Captain of the Port or
(i) Fishing industry vessels; Vessel Traffic Center (VTC).

545
(3) AIS safety-related text messaging must be conducted in (FCC), broadcasts from AIS Class A or B devices on aircraft, non-
English and solely to exchange or communicate pertinent self propelled vessels or from land are prohibited.
navigation safety information (analogous to a SECURITE
broadcast). Although not prohibited, AIS text messaging should (j) Implementation date. Those vessels identified in paragraphs (b)
not be relied upon as the primary means for broadcasting distress and (c) of this section that were not previously subject to AIS
(MAYDAY) or urgent (PAN PAN) communications. (47 CFR carriage must install AIS no later than March 1, 2016.
80.1109, Distress, urgency, and safety communications).
[USCG-2005-21869, 80 FR 5335, Jan. 30, 2015, as amended at
(4) AIS application-specific messaging (ASM) is permissible, but 17327, Apr. 1, 2015]
is limited to applications adopted by the International Maritime
Organization (such as IMO SN.1/Circ.289) or those denoted in the 164.51 Deviations From Rules: Emergency.
International Association of Marine Aids to Navigation and Except for the requirements of 164.53(b), in an emergency, any
Lighthouse Authorities' (IALA) ASM Collection for use in the person may deviate from any rule in this part to the extent
United States or Canada, and to no more than one ASM per necessary to avoid endangering persons, property, or the
minute. environment.

Note to paragraph (d): The Coast Guard has developed the U.S. [CGD 74-77, 42 FR 5956, Jan. 31, 1977]
AIS Encoding Guide to help ensure consistent and accurate data
encoding (input) by AIS users. This Guide is available at our AIS 164.53 Deviations From Rules And Reporting: Non-
Frequently Asked Questions (FAQ #2) World Wide Web page at Operating Equipment.
www.navcen.uscg.gov. Although of great benefit, the interfacing (a) If during a voyage any equipment required by this part stops
or installation of other external devices or displays (e.g., operating properly, the person directing the movement of the
transmitting heading device, gyro, rate of turn indicator, electronic vessel may continue to the next port of call, subject to the
charting systems, and radar), is not currently required except as directions of the District Commander or the Captain of the Port, as
denoted in 164.46(c). Most application-specific messages provided by Part 160 of this chapter.
require interfacing to an external system that is capable of their
portrayal, such as equipment certified to meet Radio Technical (b) If the vessel's, radar, radio navigation receivers, gyrocompass,
Commission for Maritime Services (RTCM) electronic chart echo depth sounding device, or primary steering gear stops
system (ECS) standard 10900 series. operating properly, the person directing the movement of the
vessel must report or cause to be reported that it is not operating
(e) Watchkeeping. AIS is primarily intended for use by the properly to the nearest Captain of the Port, District Commander,
Master or person in charge of the vessel, or by the person or, if participating in a Vessel Traffic Service, to the Vessel Traffic
designated by the Master or person in charge to pilot or direct the Center, as soon as possible.
movement of the vessel, who must maintain a periodic watch for
AIS information. (Sec. 2, Pub. L. 95-474, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR
1.46(n)(4))
(f) Portable AIS. The use of a portable AIS is permissible only to
the extent that electromagnetic interference does not affect the [CGD 74-77, 42 FR 5956, Jan. 31, 1977]
proper function of existing navigation and communication
equipment on board and such that only one AIS device may be 164.55 Deviations From Rules: Continuing Operation Or
transmitting on board a vessel at any one time. Period Of Time.
The Captain of the Port, upon written application, may authorize a
(g) AIS Pilot Plug. The AIS Pilot Plug on any vessel subject to deviation from any rule in this part if he determines that the
pilotage by other than the vessel Master or crew must be readily deviation does not impair the safe navigation of the vessel under
available and easily accessible from the primary conning position anticipated conditions and will not result in a violation of the rules
of the vessel and permanently affixed (not an extension cord) and for preventing collisions at sea. The authorization may be issued
adjacent (within 3 feet) to a 120-volt 50/60 Hz AC power for vessels operating in the waters under the jurisdiction of the
receptacle (NEMA 5-15). Captain of the Port for any continuing operation or period of time
the Captain of the Port specifies.
(h) Exceptions. The following vessels may seek up to a 5-year
deviation from the AIS requirements of this section by requesting [CGD 74-77, 42 FR 5956, Jan. 31, 1977]
a deviation under 164.55.
164.61 Marine Casualty Reporting And Record Retention.
(1) Vessels that operate solely within a very confined area (e.g., When a vessel is involved in a marine casualty as defined in 46
less than a 1 nautical-mile radius, shipyard, or barge fleeting CFR 4.03-1, the master or person in charge of the vessel shall:
facility);
(a) Ensure compliance with 46 CFR Subpart 4.05, "Notice of
(2) Vessels that conduct only short voyages (less than 1 nautical Marine Casualty and Voyage Records;" and
mile) on a fixed schedule (e.g., a bank-to-bank river ferry service
or a tender vessel); (b) Ensure that the voyage records required by 46 CFR 4.05-15
are retained for:
(3) Vessels that are not likely to encounter other AIS-equipped
vessels; (1) 30 days after the casualty if the vessel remains in the
navigable waters of the United States; or
(4) Vessels whose design or construction makes it impracticable
to operate an AIS device (e.g., those that lack electrical power, (2) 30 days after the return of the vessel to a United States port if
have an exposed or open cabin, or are submersible); or the vessel departs the navigable waters of the United States
within 30 days after the marine casualty.
(5) Vessels denoted in paragraph (b)(2) that seek a deviation from
requirements in paragraphs (d)(2)(ii) and (e) of this section [CGD 74-77, 42 FR 5956, Jan. 31, 1977]
because their AIS Class B device lacks a display.
164.70 Definitions.
(i) Prohibition. Except for maritime support stations (see 47 CFR For purposes of 164.72 through 164.82, the term
80.5) licensed by the Federal Communications Commission

546
Current edition means the most recent published version of a (B) RTCM Standard for Marine Radar Equipment Installed on
publication, chart, or map required by 164.72. Ships of Less Than 300 Tons Gross Tonnage, RTCM Paper 71-
95/SC112-STD, Version 1.1, display Category I and stabilization
Currently corrected edition means a current or previous edition Category Alpha.
of a publication required by 164.72, corrected with changes that
come from Notices to Mariners (NTMs) or Notices to Navigation (iii) For a vessel of 300 tons gross tonnage or more that engages
reasonably available and that apply to the vessel's transit. Hand- in towing on navigable waters of the U.S., including Western
annotated river maps from the U.S. Army Corps of Engineers rivers, the radar must meet
(ACOE) are currently corrected editions if issued within the
previous 5 years. (A) The requirements of the Federal Communications
Commission (FCC) specified by 47 CFR part 80; and
Great Lakes means the Great Lakes and their connecting and
tributary waters including the Calumet River as far as the Thomas (B) RTCM Recommended Standards for Marine Radar Equipment
J. O'Brien Lock and Controlling Works (between miles 326 and Installed on Ships of 300 Tons Gross Tonnage and Upwards,
327), the Chicago River as far as the east side of the Ashland RTCM Paper 191-93/SC112-X, Version 1.2 except the
Avenue Bridge (between miles 321 and 322), and the Saint requirements for azimuth stabilization in paragraph 3.10.
Lawrence River as far east as the lower exit of Saint Lambert
Lock. (iv) For a vessel of 300 tons gross tonnage or more that engages
in towing seaward of navigable waters of the U.S. or more than
Merchant mariner credential or MMC means the credential three nautical miles from shore on the Great Lakes, the radar
issued by the Coast Guard under 46 CFR part 10. It combines the must meet
individual merchant mariner's document, license, and certificate of
registry enumerated in 46 U.S.C. subtitle II part E as well as the (A) The requirements of the FCC specified by 47 CFR Part 80;
STCW endorsement into a single credential that serves as the and
mariner's qualification document, certificate of identification, and
certificate of service. (B) RTCM Recommended Standards for Marine Radar Equipment
Installed on Ships of 300 Tons Gross Tonnage and Upwards,
Swing-meter means an electronic or electric device that indicates RTCM Paper 191-93/SC112-X, Version 1.2.
the rate of turn of the vessel on board which it is installed.
(v) A towing vessel with an existing radar must meet the
Towing vessel means a commercial vessel engaged in or applicable requirements of paragraphs (a)(1) (i) through (iv) of this
intending to engage in pulling, pushing or hauling alongside, or section by August 2, 1998; except that a towing vessel with an
any combination of pulling, pushing, or hauling alongside. existing radar must meet the display and stabilization
requirements of paragraph (a)(1)(ii)(B) of this section by August 2,
Western Rivers means the Mississippi River, its tributaries, 2001.
South Pass, and Southwest Pass, to the navigational-
demarcation lines dividing the high seas from harbors, rivers, and (2) Searchlight. A searchlight, directable from the vessel's main
other inland waters of the United States, and the Port Allen- steering station and capable of illuminating objects at a distance
Morgan City Alternative Route, and that part of the Atchafalaya of at least two times the length of the tow.
River above its junction with the Port Allen-Morgan City
Alternative Route including the Old River and the Red River and (3) VHF-FM radio. An installation or multiple installations of VHF-
those waters specified by 89.25 and 89.27 of this chapter, and FM radios as prescribed by part 26 of this chapter and 47 CFR
such other, similar waters as are designated by the COTP. part 80, to maintain a continuous listening watch on the
designated calling channel, VHF-FM Channel 13 (except on
[CGD 94-020, 61 FR 35072, July 3, 1996, as amended by USCG- portions of the Lower Mississippi River, where VHF-FM Channel
2006-24371, 74 FR 11213, Mar. 16, 2009] 67 is the designated calling channel), and to separately monitor
the International Distress and Calling Channel, VHF-FM Channel
164.72 Navigational-Safety Equipment, Charts Or Maps, And 16, except when transmitting or receiving traffic on other VHF-FM
Publications Required On Towing Vessels. channels or when participating in a Vessel Traffic Service (VTS)
(a) Except as provided by 164.01(b), each towing vessel must or monitoring a channel of a VTS. (Each U.S. towing vessel of 26
be equipped with the following navigational-safety equipment: feet (about 8 meters) or more in length, except a public vessel,
must hold a ship-radio-station license for radio transmitters
(1) Marine radar. By August 2, 1997, a marine radar that meets (including radar and EPIRBs), and each operator must hold a
the following applicable requirements: restricted operator's license or higher. To get an application for
either license, call (800) 418-FORM or (202) 418-FORM, or write
(i) For a vessel of less than 300 tons gross tonnage that engages to the FCC; Wireless Bureau, Licensing Division; 1270 Fairfield
in towing on navigable waters of the U.S., including Western Road; Gettysburg, PA 17325-7245.)
Rivers, the radar must meet
(4) Magnetic compass. Either
(A) The requirements of the Federal Communications
Commission (FCC) specified by 47 CFR part 80; and (i) An illuminated swing-meter or an illuminated card-type
magnetic steering compass readable from the vessel's main
(B) RTCM Standard for Marine Radar Equipment Installed on steering station, if the vessel engages in towing exclusively on
Ships of Less Than 300 Tons Gross Tonnage, RTCM Paper 71- Western Rivers; or
95/SC112-STD, Version 1.1, display Category II and stabilization
Category Bravo. (ii) An illuminated card-type magnetic steering compass readable
from the vessel's main steering station.
(ii) For a vessel of less than 300 tons gross tonnage that engages
in towing seaward of navigable waters of the U.S. or more than (5) Echo depth-sounding device. By August 2, 2001, an echo
three nautical miles from shore on the Great Lakes, the radar depth-sounding device readable from the vessel's main steering
must meet station, unless the vessel engages in towing exclusively on
Western Rivers.
(A) The requirements of the FCC specified by 47 CFR part 80;
and (6) Electronic position-fixing device. An electronic position-

547
fixing device, a satellite navigational system such as the Global applicable currently corrected extract from, each of the following
Positioning System (GPS) as required by 164.41, if the vessel publications for the area to be transited:
engages in towing seaward of navigable waters of the U.S. or
more than three nautical miles from shore on the Great Lakes. (i) If the vessel is engaged in towing exclusively on Western
Rivers
(b) Each towing vessel must carry on board and maintain the
following: (A) U.S. Coast Guard Light List;

(1) Charts or maps. Marine charts or maps of the areas to be (B) Applicable Notices to Navigation published by the ACOE, or
transited, published by the National Ocean Service (NOS), the Local Notices to Mariners (LNMs) published by the Coast Guard,
ACOE, or a river authority that satisfy the following requirements: for the area to be transited, when available; and

(i) The charts or maps must be of a large enough scale and have (C) River-current tables published by the ACOE or a river
enough detail to make safe navigation of the areas possible. authority, if available.

(ii) The charts or maps must be either (ii) If the vessel is engaged other than in towing exclusively on
Western Rivers
(A) Current editions or currently corrected editions, if the vessel
engages in towing exclusively on navigable waters of the U.S., (A) Coast Guard Light List;
including Western Rivers; or
(B) Notices to Mariners published by the National Imagery and
(B) Currently corrected editions, if the vessel engages in towing Mapping Agency, or LNMs published by the Coast Guard;
seaward of navigable waters of the U.S. or more than three
nautical miles from shore on the Great Lakes. (C) Tidal-current tables published by private entities using data
provided by the NOS, or river-current tables published by the
(iii) The charts or maps may be, instead of charts or maps ACOE or a river authority.
required by paragraphs (b)(1) (i) and (ii) of this section, currently
corrected marine charts or maps, or applicable extracts, published (D) Tide tables published by private entities using data provided
by a foreign government. These charts or maps, or applicable by the NOS; and
extracts, must contain information similar to that on the charts or
maps required by paragraphs (b)(1) (i) and (ii) of this section, be (E) U.S. Coast Pilot.
of large enough scale, and have enough detail to make safe
navigation of the areas possible, and must be currently corrected. (c) Table 164.72, following, summarizes the navigational-safety
equipment, charts or maps, and publications required for towing
(2) General publications. A currently corrected edition of, or an vessels of 12 meters or more in length engaged in towing:

TABLE 164.72.-EQUIPMENT, CHARTS OR MAPS,


AND PUBLICATIONS FOR TOWING VESSELS OF 12 METERS OR MORE IN LENGTH
Waters seaward of navigable
Western rivers U.S. navigable waters other than western rivers waters and 3 NM or more from
shore on the Great Lakes

Marine Radar:

RTCM Paper 71-95/SC112-STD Version 1.1, RTCM Paper 71-95/SC112-STD Version 1.1, RTCM Paper 71-95/SC112-STD
Towing Vessels of Less Than 300
Display Category II 1 Stabilization Category Display Category II 1 Stabilization Category Version 1.1, Display Category I 2
GT
BRAVO BRAVO Stabilization Category ALPHA.

RTCM Paper 191-93/SC112-X Version 1.2 RTCM Paper 191-93/SC112-X Version 1.2
RTCM Paper 191-93/SC112-X
Towing Vessels of 300 GT or More (except the Azmuth stabilization requirement in (except the Azmuth stabilization requirement in
Version 1.2. 1
paragraph 3.10). 1 paragraph 3.10). 1

Searchlight X X X

VHF-FM Radio X X X

Magnetic Compass X3 X X

Swing-Meter X3

Echo Depth-Sounding Device X X

Electronic Position-Fixing Device X

Charts or Maps (1) Large enough scale (1) Large enough scale (1) Large enough scale.

(2) Current edition or currently corrected edition (2) Current edition or currently corrected edition (2) Currently corrected edition.

General Publications (1) U.S. Coast Guard Light List (1) U.S. Coast Guard Light List (1) U.S. Coast Guard Light List.

(2) Notices to Navigation or Local Notices to


(2) Local Notices to Mariners (2) Local Notices to Mariners.
Mariners

(3) River-current Tables (3) Tidal-current Tables (3) Tidal-current Tables.

(4) Tide Tables (4) Tide Tables.

(5) U.S. Coast Pilot (5) U.S. Coast Pilot.

548
Notes:
1 Towing vessels with existing radar must meet this requirement by August 2, 1998.
2 Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the display and stabilization
requirements until August 2, 2001.
3 A towing vessel may carry either a swing-meter or a magnetic compass.

[CGD 94-020, 61 FR 35073, July 3, 1996, as amended by CGD 97-034, 62 FR 40272, July 28, 1997; USCG-1999-5832, 64 FR 34715, June
29, 1999; USCG-2001-9286, 66 FR 33641, June 25, 2001; USCG-2010-0351, 75 FR 36287, June 25, 2010; USCG-2011-0257, 76 FR 31838,
June 2, 2011]

164.74 Towline And Terminal Gear For Towing Astern. inspections being conducted by the owner, master, or operator, or
(a) Towline. The owner, master, or operator of each vessel by a person on whom the owner, master, or operator confers the
towing astern shall ensure that the strength of each towline is responsibility to take corrective measures appropriate for the use
adequate for its intended service, considering at least the of the towline);
following factors:
(iv) Evaluating the serviceability of the whole towline or any part of
(1) The size and material of each towline must be the towline, and removing the whole or part from service either as
recommended by the manufacturer or a class society authorized
(i) Appropriate for the horsepower or bollard pull of the vessel; in 157.04 of this chapter or in accordance with a replacement
schedule developed by the owner, master, or operator that
(ii) Appropriate for the static loads and dynamic loads expected accounts for at least the
during the intended service;
(A) Nautical miles on, or time in service of, the towline;
(iii) Appropriate for the sea conditions expected during the
intended service; (B) Operating conditions experienced by the towline;

(iv) Appropriate for exposure to the marine environment and to (C) History of loading of the towline;
any chemicals used or carried on board the vessel;
(D) Surface condition, including corrosion and discoloration, of the
(v) Appropriate for the temperatures of normal stowage and towline;
service on board the vessel;
(E) Amount of visible damage to the towline;
(vi) Compatible with associated navigational-safety equipment;
and (F) Amount of material deterioration indicated by measurements
of diameter and, if applicable, measurements of lay extension of
(vii) Appropriate for the likelihood of mechanical damage. the towline; and

(2) Each towline as rigged must be (G) Point at which a tensile test proves the minimum breaking
strength of the towline inadequate by the standards of paragraph
(i) Free of knots; (a)(1) of this section, if necessary; and

(ii) Spliced with a thimble, or have a poured socket at its end; and (v) Keeping on board the towing vessel or in company files of a
record of the material condition of the towline when inspected
(iii) Free of wire clips except for temporary repair, for which the under paragraphs (a)(3)(iii) and (iv) of this section. Once this
towline must have a thimble and either five wire clips or as many record lapses for three months or more, except when a vessel is
wire clips as the manufacturer specifies for the nominal diameter laid up or out of service or has not deployed its towline, the owner,
and construction of the towline, whichever is more. master, or operator shall retest the towline or remove it from
service.
(3) The condition of each towline must be monitored through
the (b) Terminal gear. The owner, master, or operator of each vessel
towing astern shall ensure that the gear used to control, protect,
(i) Keeping on board the towing vessel or in company files of a and connect each towline meets the following criteria:
record of the towline's initial minimum breaking strength as
determined by the manufacturer, by a classification (class) (1) The material and size of the terminal gear are appropriate for
society authorized in 157.04 of this chapter, or by a tensile test the strength and anticipated loading of the towline and for the
that meets API Specification 9A, Specification for Wire Rope, environment;
Section 3; ASTM D 4268 (incorporated by reference, see
164.03), Standard Test Method for Testing Fiber Ropes; or (2) Each connection is secured by at least one nut with at least
Cordage Institute CIA 3, Standard Test Methods for Fiber Rope one cotter pin or other means of preventing its failure;
Including Standard Terminations;
(3) The lead of the towline is appropriate to prevent sharp bends
(ii) If the towline is purchased from another owner, master, or in the towline from fairlead blocks, chocks, or tackle;
operator of a vessel with the intent to use it as a towline or if it is
retested for any reason, keeping on board the towing vessel or in (4) There is provided a method, whether mechanical or non-
company files of a record of each retest of the towline's minimum mechanical, that does not endanger operating personnel but that
breaking strength as determined by a class society authorized in easily releases the towline;
157.04 of this chapter or by a tensile test that meets API
Specification 9A, Section 3; ASTM D 4268 (incorporated by (5) The towline is protected from abrasion or chafing by chafing
reference, see 164.03) or Cordage Institute CIA 3, Standard gear, lagging, or other means;
Test Methods;
(6) Except on board a vessel towing in ice on Western Rivers or
(iii) Conducting visual inspections of the towline in accordance one using a towline of synthetic or natural fiber, there is fitted a
with the manufacturer's recommendations, or at least monthly, winch that evenly spools and tightly winds the towline; and
and whenever the serviceability of the towline is in doubt (the

549
(7) If a winch is fitted, there is attached to the main drum a brake of more than 24 hours or when each new master or operator
that has holding power appropriate for the horsepower or bollard assumes command:
pull of the vessel and can be operated without power to the winch.
(1) Steering-systems. A test of the steering-gear-control system; a
[CGD 94-020, 61 FR 35074, July 3, 1996, as amended by USCG- test of the main steering gear from the alternative power supply, if
1999-5151, 64 FR 67176, Dec. 1, 1999] installed; a verification of the rudder-angle indicator relative to the
actual position of the rudder; and a visual inspection of the
164.76 Towline And Terminal Gear For Towing Alongside steering gear and its linkage.
And Pushing Ahead.
The owner, master, or operator of each vessel towing alongside (2) Navigational equipment. A test of all installed navigational
or pushing ahead shall ensure that the face wires, spring lines, equipment.
and push gear used
(3) Communications. Operation of all internal vessel control
(a) Are appropriate for the vessel's horsepower; communications and vessel-control alarms, if installed.

(b) Are appropriate for the arrangement of the tow; (4) Lights. Operation of all navigational lights and all searchlights.

(c) Are frequently inspected; and (5) Terminal gear. Visual inspection of tackle; of connections of
bridle and towing pendant, if applicable; of chafing gear; and of
(d) Remain serviceable. the winch brake, if installed.

[CGD 94-020, 61 FR 35075, July 3, 1996] (6) Propulsion systems. Visual inspection of the spaces for main
propulsion machinery, of machinery, and of devices for monitoring
164.78 Navigation Under Way: Towing Vessels. machinery.
(a) The owner, master, or operator of each vessel towing shall
ensure that each person directing and controlling the movement (b) The owner, master, or operator of each towing vessel of 1,600
of the vessel GT or more shall ensure that the following tests of equipment
occur at the frequency required by 164.25 and that the following
(1) Understands the arrangement of the tow and the effects of inspections of gear occur before the vessel embarks on a voyage
maneuvering on the vessel towing and on the vessel, barge, or of more than 24 hours or when each new master or operator
object being towed; assumes command:

(2) Can fix the position of the vessel using installed navigational (1) Navigational equipment. Tests of onboard equipment as
equipment, aids to navigation, geographic reference-points, and required by 164.25.
hydrographic contours;
(2) Terminal gear. Visual inspection of tackle; of connections of
(3) Does not fix the position of the vessel using buoys alone bridle and towing pendant, if applicable; of chafing gear; and of
(Buoys are aids to navigation placed in approximate positions the winch brake, if installed.
either to alert mariners to hazards to navigation or to indicate the
orientation of a channel. They may not maintain exact charted (c)(1) The voyage-planning requirements outlined in this section
positions, because strong or varying currents, heavy seas, ice, do not apply to you if your towing vessel is
and collisions with vessels can move or sink them or set them
adrift. Although they may corroborate a position fixed by other (i) Used solely for any of the following services or any
means, they cannot fix a position; however, if no other aids are combination of these services
available, buoys alone may establish an estimated position.);
(A) Within a limited geographic area, such as a fleeting-area for
(4) Evaluates the danger of each closing visual or radar contact; barges or a commercial facility, and used for restricted service,
such as making up or breaking up larger tows;
(5) Knows and applies the variation and deviation, where a
magnetic compass is fitted and where charts or maps have (B) For harbor-assist;
enough detail to enable this type of correction;
(C) For assistance towing as defined by 46 CFR 10.103;
(6) Knows the speed and direction of the current, and the set, drift,
and tidal state for the area to be transited; (D) For response to emergency or pollution;

(7) Proceeds at a safe speed taking into account the weather, (ii) A public vessel that is both owned, or demise chartered, and
visibility, density of traffic, draft of tow, possibility of wake damage, operated by the United States Government or by a government of
speed and direction of the current, and local speed-limits; and a foreign country; and that is not engaged in commercial service;

(8) Monitors the voyage plan required by 164.80. (iii) A foreign vessel engaged in innocent passage; or

(b) The owner, master, or operator of each vessel towing shall (iv) Exempted by the Captain of the Port (COTP).
ensure that the tests and inspections required by 164.80 are
conducted and that the results are entered in the log or other (2) If you think your towing vessel should be exempt from these
record carried on board. voyage planning requirements for a specified route, you should
submit a written request to the appropriate COTP. The COTP will
[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG- provide you with a written response granting or denying your
2000-6931, 68 FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, request.
2004]
(3) If any part of a towing vessel's intended voyage is seaward of
164.80 Tests, Inspections, And Voyage Planning. the baseline (i.e., the shoreward boundary) of the territorial sea of
(a) The owner, master, or operator of each towing vessel of less the U.S., then the owner, master, or operator of the vessel,
than 1,600 GT shall ensure that the following tests and employed to tow a barge or barges, must ensure that the voyage
inspections of gear occur before the vessel embarks on a voyage with the barge or barges is planned, taking into account all

550
pertinent information before the vessel embarks on the voyage. or other record carried on board. The failure of equipment, in itself,
The master must check the planned route for proximity to hazards does not constitute a violation of this rule; nor does it constitute
before the voyage begins. During a voyage, if a decision is made unseaworthiness; nor does it obligate an owner, master, or
to deviate substantially from the planned route, then the master or operator to moor or anchor the vessel. However, the owner,
mate must plan the new route before deviating from the planned master, or operator shall consider the state of the equipment
route. The voyage plan must follow company policy and consider along with such factors as weather, visibility, traffic, and the
the following (related requirements noted in parentheses): dictates of good seamanshipin deciding whether it is safe for
the vessel to proceed.
(i) Applicable information from nautical charts and publications
(also see paragraph (b) of section 164.72), including Coast Pilot, (c) Reporting. The owner, master, or operator of each towing
Coast Guard Light List, and Coast Guard Local Notice to Mariners vessel whose equipment is inoperative or otherwise impaired
for the port of departure, all ports of call, and the destination; while the vessel is operating within a Vessel Traffic Service (VTS)
Area shall report the fact as required by 33 CFR 161.124. (33
(ii) Current and forecast weather, including visibility, wind, and CFR 161.124 requires that each user of a VTS report to the
sea state for the port of departure, all ports of call, and the Vessel Traffic Center as soon as practicable:
destination (also see paragraphs (a)(7) of section 164.78 and (b)
of section 164.82); (1) Any absence or malfunction of vessel-operating equipment for
navigational safety, such as propulsion machinery, steering gear,
(iii) Data on tides and currents for the port of departure, all ports radar, gyrocompass, echo depth-sounding or other sounding
of call, and the destination, and the river stages and forecast, if device, automatic dependent surveillance equipment, or
appropriate; navigational lighting;

(iv) Forward and after drafts of the barge or barges and under- (2) Any condition on board the vessel likely to impair navigation,
keel and vertical clearances (air-gaps) for all bridges, ports, and such as shortage of personnel or lack of current nautical charts or
berthing areas; maps, or publications; and

(v) Pre-departure checklists; (3) Any characteristics of the vessel that affect or restrict the
maneuverability of the vessel, such as arrangement of cargo, trim,
(vi) Calculated speed and estimated time of arrival at proposed loaded condition, under-keel clearance, and speed.)
waypoints;
(d) Deviation and authorization. The owner, master, or operator
(vii) Communication contacts at any Vessel Traffic Services, of each towing vessel unable to repair within 96 hours an
bridges, and facilities, and any port-specific requirements for VHF inoperative marine radar required by 164.72(a) shall so notify
radio; the Captain of the Port (COTP) and shall seek from the COTP
both a deviation from the requirements of this section and an
(viii) Any master's or operator's standing orders detailing closest authorization for continued operation in the area to be transited.
points of approach, special conditions, and critical maneuvers; Failure of redundant navigational-safety equipment, including but
and not limited to failure of one of two installed radars, where each
satisfies 164.72(a), does not necessitate either a deviation or an
(ix) Whether the towing vessel has sufficient power to control the authorization.
tow under all foreseeable circumstances.
(1) The initial notice and request for a deviation and an
[CGD 94-020, 61 FR 35075, July 3, 1996, as amended by USCG- authorization may be spoken, but the request must also be written.
2000-6931, 68 FR 22610, Apr. 29, 2003; 69 FR 34068, June 18, The written request must explain why immediate repair is
2004] impracticable, and state when and by whom the repair will be
made.
164.82 Maintenance, Failure, And Reporting.
(a) Maintenance. The owner, master, or operator of each towing (2) The COTP, upon receiving even a spoken request, may grant
vessel shall maintain operative the navigational-safety equipment a deviation and an authorization from any of the provisions of
required by 164.72. 164.70 through 164.82 for a specified time if he or she decides
that they would not impair the safe navigation of the vessel under
(b) Failure. If any of the navigational-safety equipment required anticipated conditions.
by 164.72 fails during a voyage, the owner, master, or operator
of the towing vessel shall exercise due diligence to repair it at the [CGD 94-020, 61 FR 35075, July 3, 1996]
earliest practicable time. He or she shall enter its failure in the log

551
Part 165-Regulated Navigation Areas And Limited Access
Areas
NOTE: Revisions to this section are currently in progress.. 165.122 Providence River, Providence, R.I. Regulated
Navigation Area.
Table of Contents 165.123 Cruise Ships, Sector Southeastern New England
Captain of the Port (COTP) Zone.
Subpart A-General 165.125 Regulated Navigation Area; EPA Superfund Site, New
Bedford Harbor, Massachusetts.
Sec. 165.130 Sandy Hook Bay, New Jersey-Security Zone.
165.1 Purpose Of Part. 165.140 [Removed]
165.3 Definitions 165.141 Safety Zone: Sunken Vessel EMPIRE KNIGHT, Boon
165.5 Establishment Procedures. Island, ME.
165.7 Notification. 165.150 New Haven Harbor, Quinnipiac River, Mill River.
165.8 Geographic Coordinates. 165.152 [Removed]
165.9 Geographic application of limited and controlled access 165.153 Regulated Navigation Area: Long Island Sound Marine
areas and regulated navigation areas. Inspection and Captain of the Port Zone.
165.154 Safety and Security Zones; Captain of the Port Long
Subpart B-Regulated Navigation Areas Island Sound Zone Safety and Security Zones.
165.155 [Removed]
165.10 Regulated Navigation Areas. 165.156 Regulated Navigation Area, East Rockaway Inlet to
165.11 Vessel Operating Requirements (Regulations). Atlantic Beach Bridge, Nassau County, Long Island,
165.13 General Regulations. New York.
165.160 Safety Zones; Fireworks Displays and Swim Events in
Subpart C-Safety Zones Coast Guard Captain of the Port New York Zone.
165.163 Safety Zones; Port Of New York/New Jersey Fleet
165.20 Safety Zones.
Week.
165.23 General Regulations.
165.164 Security Zones; Dignitary Arrival/Departure and United
Nations Meetings, New York, NY.
Subpart D-Security Zones 165.169 Safety And Security Zones: New York Marine
165.30 Security Zones. Inspection Zone And Captain Of The Port Zone.
165.33 General Regulations. 165.170 Safety Zone; Military Munitions Recovery, Raritan River,
Raritan, NJ.
Subpart E-Restricted Waterfront Areas 165.172 Safety Zone; Underwater Hazard, Gravesend Bay,
Brooklyn, NY
165.40 Restricted Waterfront Areas. 165.T01-0174 Regulated Navigation Area-Tappan Zee Bridge
Construction Project, Hudson River; South Nyack and
Subpart F-Specific Regulated Navigation Areas Tarrytown, NY.
And Limited Access Areas First Coast Guard 165.T01-0214 Regulated Navigation Area; South Bristol Gut
Bridge Replacement, South Bristol, ME.
District 165.T01-0215 Regulated Navigation Area; Bridge 1 Structural
165.100 Regulated Navigation Area: Navigable Waters Within Repairs at Portsmouth Naval Shipyard, Kittery, ME.
The First Coast Guard District. 165.T01-0329 Regulated Navigation Area; Maine Kennebec
165.101 Kittery, Maine-Regulated Navigation Area. Bridge Construction and Removal, Kennebec River,
165.102 Security Zone: Walkers Point, Kennebunkport, ME. Richmond, ME.
165.103 Safety And Security Zones; LPG Vessel Transits In 165.T01-0471 Safety Zone; Belt Parkway Bridge Construction,
Portland, Maine, Captain Of The Port Zone, Portsmouth Gerritsen Inlet, Brooklyn, NY.
Harbor, Portsmouth, New Hampshire. 165.T01-0554 Regulated Navigation Area; Sarah Mildred Long
165.104 Safety Zone: Vessel Launches, Bath Iron Works, Bridge Replacement, Portsmouth, NH.
Kennebec River, Bath, Maine. 165.T01-0876 Regulated Navigation Area-Weymouth Fore River,
165.105 Security Zones; Passenger Vessels, Portland, Maine, Fore River Bridge Construction, Weymouth and Quincy,
Captain Of The Port Zone. MA.
165.106 Security Zone: Seabrook Nuclear Power Plant, 165.T01-1055 Security Zone, John Joseph Moakley United States
Seabrook, New Hampshire. Courthouse, Boston, MA.
165.110 Safety And Security Zone; Liquefied Natural Gas 165.T01-1063 Regulated Navigation Area; Arthur Kill, NY and NJ.
Carrier Transits & Anchorage Operations, Boston, Ma.
165.111 Safety Zone: Boston Harbor, Boston, Massachusetts. Fifth Coast Guard District
165.112 Safety Zone: USS CASSIN YOUNG, Boston, Ma.
165.501 Chesapeake Bay Entrance And Hampton Roads, VA.
165.113 Security Zone: Dignitary Arrival/Departure Logan
And Adjacent Waters-Regulated Navigation Area.
International Airport, Boston, MA.
165.502 Cove Point, Chesapeake Bay, MarylandSafety Zone.
165.114 Safety And Security Zones: Escorted Vessels-Boston
165.503 Security Zone; Captain of the Port Hampton Roads
Harbor, Massachusetts.
Zone.
165.115 Safety And Security Zones; Pilgrim Nuclear Power
165.504 Newport News Shipbuilding And Dry Dock Company
Plant, Plymouth, Massachusetts.
Shipyard, James River, Newport News, VA.
165.116 Safety And Security Zones; Salem And Boston Harbors
165.505 Security Zone; Calvert Cliffs Nuclear Power Plant,
Ma.
Chesapeake Bay, Calvert County, Maryland.
165.117 Regulated Navigation Areas, Safety and Security Zones:
165.510 Delaware Bay And River, Salem River, Christina River
Deepwater Ports, First Coast Guard District.
And Schuylkill River-Regulated Navigation Area.
165.120 [Removed].
165.511 Security Zone; Atlantic Ocean, Chesapeake &
165.121 Safety And Security Zones: High Interest Vessels,
Delaware Canal, Delaware Bay, Delaware River and its
Narragansett Bay, Rhode Island.
tributaries.

552
165.514 Safety Zone: Atlantic Intracoastal Waterway And 165.773 Security Zone; Escorted Vessels in Captain of the Port
Connecting Waters, Vicinity Of Marine Corps Base Zone Jacksonville, Florida.
Camp Lejeune, North Carolina. 165.775 Safety Zone; Captain of the Port Zone Jacksonville;
165.515 Safety Zone: Cape Fear River, Wilmington, NC. Offshore Cape Canaveral, Florida.
165.518 Security Zone; Waters of the Fifth Coast Guard District. 165.776 Security Zone; Coast Guard Base San Juan, San Juan
165.530 Safety Zone: Cape Fear And Northeast Cape Fear Harbor, Puerto Rico
Rivers, NC. 165.777 Security Zone; West Basin, Port Canaveral Harbor,
165.540 Regulated Navigation Area; Cape Fear River, Northeast Cape Canaveral, Florida.
Cape Fear River, Wilmington, North Carolina. 165.778 Security Zone; Port of Mayaguez, Puerto Rico.
165.552 Security Zone; Oyster Creek Generation Station, 165.779 Regulated Navigation Area; Columbus Day Weekend,
Forked River, Ocean County, New Jersey. Biscayne Bay, Miami, FL.
165.553 Security Zone; Salem and Hope Creek Generation 165.780 Safety Zone; Marine Safety Unit Savannah Safety Zone
stations, Delaware River, Salem County, New Jersey. for Heavy Weather and other Natural Disasters,
165.555 Safety Zone; Delaware River. Savannah Captain of the Port Zone, Savannah, GA.

Seventh Coast Guard District Eighth Coast Guard District


165.701 Vicinity, Kennedy Space Center, Merritt Island, Florida- 165.802 Lower Mississippi River, Vicinity Of Old River Control
Security Zone. Structure-Safety Zone.
165.703 Tampa Bay, Florida-Safety Zone. 165.803 Mississippi River-Regulated Navigation Area.
165.704 [Removed and Reserved] 165.804 [Removed]
165.705 Port Canaveral Harbor, Cape Canaveral, Florida. 165.805 Calcasieu Channel And Industrial Canal, Calcasieu
165.708 Safety/Security Zone; Charleston Harbor And Cooper River, Lake Charles, LA.
River, Charleston, SC. 165.806 Sabine Neches Waterway, Texas-Regulated Navigation
165.709 Security Zone; Charleston Harbor, Cooper River, SC. Area.
165.711 Safety Zone: Port Everglades, Fort Lauderdale, FL. 165.807 Calcasieu River, Louisiana-Regulated Navigation Area.
165.713 Safety Zone, Ashley River, Charleston, South Carolina. 165.808 Corpus Christi Ship Channel, Corpus Christi, TX, Safety
165.714 Regulated Navigation Area; Atlantic Ocean, Charleston, Zone.
SC. 165.809 Security Zones; Port Of Port Lavaca-Point Comfort,
165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL. Point Comfort, TX And Port Of Corpus Christi Inner
165.721 Safety Zone: St. Johns River, Jacksonville, FL. Harbor, Corpus Christi, TX.
165.722 Security Zone: St. Johns River, Jacksonville, Florida. 165.810 Mississippi River, LA-Regulated Navigation Area.
165.723 Safety Zone; Firework Displays in Captain of the Port 165.811 Atchafalaya River, Berwick Bay, LA-Regulated
Zone Jacksonville, Florida. Navigation Area.
165.726 Regulated Navigation Areas; Miami River, Miami, Fl. 165.812 Security Zones; Lower Mississippi River, Southwest
165.728 Jacksonville, Florida-Safety Zones. Pass Sea Buoy To Mile Marker 96.0, New Orleans, LA.
165.729 Jacksonville Harbor, Florida-Security Zone. 165.813 Security Zones; Ports Of Houston And Galveston, TX.
165.730 King's Bay, GA-Regulated Navigation Area. 165.814 Security Zones; Captain Of The Port Houston-
165.731 Safety/Security Zone: Cumberland Sound, Georgia And Galveston Zone.
St. Marys River Entrance Channel. 165.815 Ohio River At Louisville, KY; Regulated Navigation
165.735 Brunswick, Georgia, Turtle River, Vicinity Of Sydney Area.
Lanier Bridge. 165.817 Arkansas River, Mile 118.2 To 125.4, Little Rock
165.749 Security Zone: Escorted Vessels, Savannah, Georgia, Arkansas-Regulated Navigation Area.
Captain of the Port Zone. 165.818 Moving Security Zones, for Certain Vessels in Freeport
165.751 Security Zone: LNG mooring slip, Savannah River, Entrance Channel, Freeport, Texas
Savannah, Georgia. 165.820 Security Zone; Ohio River Mile 34.6 To 35.1,
165.752 Sparkman Channel, Tampa, Florida-Regulated Shippingport, Pennsylvania.
Navigation Area. 165.819 Security Zone; Sabine Bank Channel, Sabine Pass
165.753 Regulated Navigation Area; Tampa Bay, Florida. Channel and Sabine-Neches Waterway, TX.
165.754 Safety Zone: San Juan Harbor, San Juan, PR. 165.821 Ohio River At Cincinnati, OH; Regulated Navigation
165.755 Safety Zone; Guayanilla, Puerto Rico Area.
165.756 Regulated Navigation Area; Savannah River, Georgia. 165.822 Security Zone; Ohio River Mile 119.0 To 119.8 Natrium,
165.757 Safety Zones; Ports Of Ponce, Tallaboa, And WV.
Guayanilla, Puerto Rico And Limetree Bay, St. Croix, 165.825 Security Zones; Captain Of The Port St. Louis Missouri.
U.S.V.I. 165.835 Security Zone; Port of Mobile, Mobile Ship Channel,
165.758 Security Zone; San Juan, Puerto Rico. Mobile, AL.
165.759 Security Zones; Ports Of Jacksonville, Fernandina, And 165.836 Security Zone; Escorted Vessels, Mobile, Alabama,
Canaveral, Florida Captain of the Port.
165.760 [Removed and Reserved] 165.837 Safety Zone; Invista Inc Facility Docks, Victoria Barge
165.761 Security Zones; Port Of Palm Beach, Port Everglades, Canal, Victoria, Texas.
Port Of Miami, And Port Of Key West, Florida. 165.838 Regulated Navigation Area; New Orleans Area of
165.762 Security Zone; St. Thomas, U.S. Virgin Islands. Responsibility, New Orleans, LA
165.763 Moving and Fixed Security Zone, Port of Fredericksted 165.839 Safety Zone; Large Cruise Ships; Lower Mississippi
Saint Croix, U.S. Virgin Islands. River, Southwest Pass Sea Buoy to Mile Marker 96.0,
165.764 [Removed and reserved] New Orleans, LA.
165.765 Regulated Navigation Area; Port Everglades Harbor, 165.840 Regulated Navigation Area, Gulf of Mexico: Mississippi
Fort Lauderdale, Florida Canyon Block 20, South of New Orleans, LA.
165.767 [Removed and Reserved]. 165.841 Safety Zone; Barge Launches; Gulfport Lake; Gulfport,
165.768 [Removed and Reserved] MS
165.769 Security Zone; Escorted Vessels, Charleston, South 165.843 Moving Security Zone; Escorted Vessels; Lower
Carolina, Captain of the Port. Mississippi River; New Orleans, LA.
165.770 Security Zone: HOVENSA Refinery, St. Croix, U.S. 165.T08-0698-Safety Zone; Port of Galveston, Pelican Island
Virgin Islands. Bridge Repair.
165.771 Safety Zone; Bahia de Ponce, Puerto Rico

553
Ninth Coast Guard District Alameda, CA.
165.1191 Northern California and Lake Tahoe Area Annual
165.901 Great Lakes-Regulated Navigation Area. Fireworks Events.
165.902 Niagara River At Niagara Falls, New York,Safety Zone. 165.1192 Security Zones; Waters surrounding San Francisco
165.903 Safety Zones: Cuyahoga River And Old River, International Airport and Oakland International Airport,
Cleveland, OH. San Francisco Bay, California.
165.904 Lake Michigan At Chicago Harbor & Burnham Park 165.1195 Regulated Navigation Area; Humboldt Bay Bar Channel
Harbor-Safety And Security Zone. and Humboldt Bay Entrance Channel, Humboldt Bay,
165.910 Security Zones; Captain Of The Port Chicago, Zone, CA.
Lake Michigan. 165.1197 Security Zones; San Francisco Bay, San Pablo Bay,
165.911 Security Zones; Captain Of The Port Buffalo Zone. Carquinez Strait, Suisun Bay, California.
165.912 Security Zone; Lake Erie, Perry, OH. 165.1198 Safety zone; Military Ocean Terminal Concord
165.915 Security Zones; Captain Of The Port Toledo Zone, Lake SafetyZone, Suisun Bay, Military Ocean Terminal
Erie. Concord, CA.
165.916 Security Zones; Captain Of The Port Milwaukee Zone, 165.1199 Security Zones; Military Ocean Terminal Concord
Lake Michigan. (MOTCO), Concord, California.
165.920 Regulated Navigation Area: USCG Station Port Huron,
Port Huron, MI, Lake Huron. Thirteenth Coast Guard District
165.923 Safety Zone and Regulated Navigation Area, Chicago
Sanitary and Ship Canal, Romeoville, IL. 165.1301 Puget Sound, And Adjacent Waters in Northwestern
165.928 Security Zone; Mackinac Bridge, Straits of Mackinac, Washington-Regulated Navigation Area.
Michigan. 165.1302 Bangor Naval Submarine Base, Bangor, WA.
165.930 Safety Zone, Brandon Road Lock and Dam to Lake 165.1303 Puget Sound And Adjacent Waters, WA Regulated
Michigan including Des Plaines River, Chicago Sanitary Navigation Area.
and Ship Canal, Chicago River, and Calumet- 165.1309 Eagle Harbor, Bainbridge Island, WA.
Saganashkee Channel, Chicago, IL. 165.1310 Strait Of Juan De Fuca And Adjacent Coastal Waters
Of Northwest Washington; Makah Whale Hunting
Eleventh Coast Guard District Regulated Navigation Area.
165.1311 Olympic View Resource Area, Tacoma, WA.
165.1101 Security Zone: San Diego Bay, CA. 165.1313 Security Zone Regulations, Tank Ship Protection, Puget
165.1102 Security Zone: San Diego Bay, California. Sound And Adjacent Waters, Washington.
165.1103 Security Zone; Naval Mine Anti Submarine Warfare 165.1315 Safety Zones: Fireworks Displays in the Captain of the
Command; San Diego Bay, San Diego, CA. Port Portland Zone.
165.1104 Security Zone: San Diego Bay, CA. 165.1317 Security and Safety Zone; Large Passenger Vessel
165.1105 Security Zone: San Diego Bay, California. Protection, Puget Sound and adjacent waters, WA.
165.1106 San Diego Bay, California-Safety Zone. 165.1321 Security Zone; Protection of Military Cargo, Captain of
165.1107 San Diego Bay, California. the Port Zone Puget Sound, WA.
165.1108 Security Zones; Cruise Ships, Port Of San Diego, CA. 165.1322 Regulated Navigation Area: Willamette River Portland,
165.1110 Safety Zone: Los Angeles Harbor-San Pedro Bay, CA. Oregon Captain of the Port Zone.
165.1120 Security Zone;Naval Amphibious Base, San Diego, CA. 165.1323 Regulated Navigation Area: Willamette River Portland,
165.1121 [Removed and Reserved] Oregon Captain of the Port Zone
165.1122 San Diego Bay, Mission Bay and their Approaches- 165.1324 Safety and Security Zone; Cruise Ship Protection, Elliott
Regulated navigation area. Bay and Pier-91, Seattle, Washington.
165.1123 Southern California Annual Firework Events for the San 165.1325 Regulated Navigation Areas; Bars Along the Coasts of
Diego Captain of the Port Zone. Oregon and Washington.
165.1125 Southern California Annual Firework Events for the Los 165.1326 Regulated Navigation Areas; Port of Portland Terminal
Angeles Long Beach Captain of the Port zone. 4, Willamette River, Portland, OR
165.1131 Security Zone: Wilson Cove, San Clemente Island, CA. 165.1327 Security Zone; Escorted U.S. Navy Submarines in
165.1141 Safety Zone; San Clemente 3 NM Safety Zone, San Sector Seattle Captain of the Port Zone.
Clemente Island, CA. 165.1329 Regulated Navigation Area; Thea Foss and Wheeler-
165.1151 Security Zones; Liquefied Hazardous Gas Tank Osgood Waterways EPA Superfund Cleanup Site,
Vessels, San Pedro Bay, California. Commencement Bay, Tacoma, WA.
165.1152 San Pedro Bay, California. 165.1335 Security Zone; Vessels Carrying Hazardous Cargo,
165.1154 Security Zones; Cruise Ships, San Pedro Bay, Ca. Sector Columbia River Captain of the Port Zone.
165.1155 Security Zone; Diablo Canyon Nuclear Power Plant, 165.1336 Regulated Navigation Area; Pacific Sound
Avila Beach, California. Resources and Lockheed Shipyard Superfund Sites,
165.1156 Safety Zone;Offshore Marine Terminal,El Segundo, CA. Elliott Bay, Seattle, WA
165.1157 Security Zone; Cruise Ships, Santa Barbara, California. 165.1336 Removed
165.T11-589 Safety zone; SFOBB Demolition Safety Zone, San 165.1338 Regulated Navigation Area; Slip 4 Early Action Area
Francisco, CA. Superfund Site, Lower Duwamish Waterway, Seattle,
165.1181 San Francisco Bay Region, California-Regulated WA.
Navigation Area. 165.1339 Safety Zone; Coast Guard Exercise Area, Hood
165.1182 Safety/Security Zone: San Francisco Bay, San Pablo Canal,Wa.
Bay, Carquinez Strait, And Suisun Bay, CA. 165.1341 Safety Zone; Portland Dragon Boat Races, Portland,
165.1183 Security Zones; Cruise Ships And Tank Vessels, San OR.
Francisco Bay And Delta Ports, California. 165.T13-239 Safety Zone; Grain-Shipment Vessels and Grain-
165.1184 Safety Zone; Coast Guard Use of Force Training Shipment Assist Vessels, Columbia and Willamette
Exercises, San Pablo Bay, CA Rivers.
165.1185 Regulated Navigation Area; San Francisco Bay, San 165.T13-240 Safety Zones; Pacific Northwest Grain Handlers
Pablo Bay, Carquinez Strait, Suisun Bay, Sacramento Association Facilities; Columbia and Willamette Rivers.
River, San Joaquin River, and connecting waters in CA.
165.1187 Security Zones; Golden Gate Bridge and the San Fourteenth Coast Guard District
Francisco-Oakland Bay Bridge, San Francisco Bay, CA.
165.1190 Security Zone; San Francisco Bay, Oakland Estuary, 165.1401 Apra Harbor, Guam-Safety Zones.

554
165.1402 [Removed] (3) STCW endorsement.
165.1403 Security Zone: Tinian, Commonwealth Northern
Marianas Islands. (4) Certificate of registry.
165.1404 Apra Harbor, Guam-Security Zone.
165.1405 Regulated Navigation Areas and Security Zones: (5) Merchant mariner credential.
Designated Escorted Vessels-Philippine Sea and Apra
Harbor Guam, and Tanapag Harbor, Saipan, Merchant mariner credential or MMC means the credential
Commonwealth of the Northern Mariana Islands (CNMI). issued by the Coast Guard under 46 CFR part 10. It combines the
165.1406 Safety Zone: Pacific Missile Range Facility (PMRF), individual merchant mariner's document, license, and certificate of
Barking Sands, Island Of Kauai, Hawaii. registry enumerated in 46 U.S.C. subtitle II part E as well as the
165.1407 Security Zones; Oahu, Maui, Hawaii, And Kauai, HI. STCW endorsement into a single credential that serves as the
165.1408 Security Zones; Maui, HI. mariner's qualification document, certificate of identification, and
165.1409 Security Zones; Hawaii, HI. certificate of service.
165.1410 Security Zones; Kauai, HI.
165.1413 Regulated navigation area; Southern Oahu [USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]
TsunamiEvacuation; Honolulu, Hawaii.
165.1414 Safety Zones; Hawaiian Islands Commercial Harbors; 165.5 Establishment Procedures.
HI. (a) A safety zone, security zone, or regulated navigation area may
be established on the initiative of any authorized Coast Guard
Seventeenth Coast Guard District official.

165.1701 Valdez, Alaska-Safety Zone. (b) Any person may request that a safety zone, security zone, or
165.1703 Ammunition Island, Port Valdez, Alaska. regulated navigation area be established. Except as provided in
165.1704 Prince William Sound, Alaska-Regulated Navigation paragraph (c) of this section, each request must be submitted in
Area. writing to either the Captain of the Port or District Commander
165.1710 Port Valdez and Valdez Narrows, Valdez, Alaska- having jurisdiction over the location as described in part 3 of this
security zones. chapter, and include the following:
165.1711 Security Zones; Waters of the Seventeenth Coast
Guard District (1) The name of the person submitting the request;
165.1712 Safety Zone; Alaska Marine Highway System Port
Valdez Ferry Terminal, Port Valdez; Valdez, AK. (2) The location and boundaries of the safety zone, security zone,
or regulated navigation area;
Subpart G-Protection Of Naval Vessels
(3) The date, time, and duration that the safety zone, security
165.2010 Purpose.
zone, or regulated navigation area should be established;
165.2015 Definitions.
165.2020 Enforcement Authority.
(4) A description of the activities planned for the safety zone,
165.2025 Atlantic Area.
security zone, or regulated navigation area;
165.2030 Pacific Area.
(5) The nature of the restrictions or conditions desired; and
Authority:33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation
(6) The reason why the safety zone, security zone, or regulated
No. 0170.1.
navigation area is necessary.
Source:CGD 79-034, 47 FR 29660, July 8, 1982, unless
(c) Safety Zones and Security Zones. If, for good cause, the
otherwise noted.
request for a safety zone or security zone is made less than 5
working days before the zone is to be established, the request
Editorial Note:Nomenclature changes to part 165 appear by
may be made orally, but it must be followed by a written request
USCG-2006-25556, 72 FR 36328, 36329, July 2, 2007.
______________________________________________________________________ within 24 hours.

Subpart A General (Requests for safety zones, security zones, and regulated
navigation areas are approved by the Office of Management and
165.1 Purpose Of Part. Budget under control number 1625-0020)
The purpose of this part is to:
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD
(a) Prescribe procedures for establishing different types of limited 79-026, 48 FR 35408, Aug. 4, 1983; USCG-2006-25150, 71 FR
or controlled access areas and regulated navigation areas; 39211, July 12, 2006]

(b) Prescribe general regulations for different types of limited or 165.7 Notification.
controlled access areas and regulated navigation areas; (a) The establishment of these limited access areas and regulated
navigation areas is considered rulemaking. The procedures used
(c) Prescribe specific requirements for established areas; and to notify persons of the establishment of these areas vary
depending upon the circumstances and emergency conditions.
(d) List specific areas and their boundaries. Notification may be made by marine broadcasts, local notice to
mariners, local news media, distribution in leaflet form, and on-
165.3 Definitions. scene oral notice, as well as publication in the FEDERAL
The following definitions apply to this part: REGISTER.

Credential means any or all of the following: (b) Notification normally contains the physical boundaries of the
area, the reasons for the rule, its estimated duration, and the
(1) Merchant mariner's document. method of obtaining authorization to enter the area, if applicable,
and special navigational rules, if applicable.
(2) Merchant mariner's license.
(c) Notification of the termination of the rule is usually made in the

555
same form as the notification of its establishment. 165.13 General Regulations.
(a) The master of a vessel in a regulated navigation area shall
165.8 Geographic Coordinates. operate the vessel in accordance with the regulations contained in
Geographic coordinates expressed in terms of latitude or Subpart F.
longitude, or both, are not intended for plotting on maps or charts
whose referenced horizontal datum is the North American Datum (b) No person may cause or authorize the operation of a vessel in
of 1983 (NAD 83), unless such geographic coordinates are a regulated navigation area contrary to the regulations in this part.
expressly labeled NAD 83. Geographic coordinates without the
NAD 83 reference may be plotted on maps or charts referenced Subpart C Safety Zones
to NAD 83 only after application of the appropriate corrections
that are published on the particular map or chart being used. 165.20 Safety Zones.
A Safety Zone is a water area, shore area, or water and shore
[CGD 86-082, 52 FR 33811, Sept. 8, 1987] area to which, for safety or environmental purposes, access is
limited to authorized persons, vehicles, or vessels. It may be
165.9 Geographic application of limited and controlled stationary and described by fixed limits or it may be described as
access areas and regulated navigation areas. a zone around a vessel in motion.
(a) General. The geographic application of the limited and
controlled access areas and regulated navigation areas in this 165.23 General Regulations.
part are determined based on the statutory authority under which Unless otherwise provided in this part:
each is created.
(a) No person may enter a safety zone unless authorized by the
(b) Safety zones and regulated navigation areas. These zones COTP or the District Commander;
and areas are created under the authority of the Ports and
Waterways Safety Act, 33 U.S.C. 1221-1232. Safety zones (b) No person may bring or cause to be brought into a safety zone
established under 33 U.S.C. 1226 and regulated navigation areas any vehicle, vessel, or object unless authorized by the COTP or
may be established in waters subject to the jurisdiction of the the District Commander;
United States as defined in 2.38 of this chapter, including the
territorial sea to a seaward limit of 12 nautical miles from the (c) No person may remain in a safety zone or allow any vehicle,
baseline. vessel, or object to remain in a safety zone unless authorized by
the COTP or the District Commander; and
(c) Security zones. These zones have two sources of authority
the Ports and Waterways Safety Act, 33 U.S.C. 1221-1232, and (d) Each person in a safety zone who has notice of a lawful order
the Act of June 15, 1917, as amended by both the Magnuson Act or direction shall obey the order or direction of the COTP or
of August 9, 1950 (Magnuson Act), 50 U.S.C. 191-195, and sec. District Commander issued to carry out the purposes of this
104 the Maritime Transportation Security Act of 2002 (Pub. L. subpart.
107-295, 116 Stat. 2064). Security zones established under either
33 U.S.C. 1226 or 50 U.S.C. 191 may be established in waters Subpart D-Security Zones
subject to the jurisdiction of the United States as defined in 2.38
of this chapter, including the territorial sea to a seaward limit of 12 165.30 Security Zones.
nautical miles from the baseline. (a) A security zone is an area of land, water, or land and water
which is so designated by the Captain of the Port or District
(d) Naval vessel protection zones. These zones are issued Commander for such time as is necessary to prevent damage or
under the authority of 14 U.S.C. 91 and 633 and may be injury to any vessel or waterfront facility, to safeguard ports,
established in waters subject to the jurisdiction of the United harbors, territories, or waters of the United States or to secure the
States as defined in 2.38 of this chapter, including the territorial observance of the rights and obligations of the United States.
sea to a seaward limit of 12 nautical miles from the baseline.
(b) The purpose of a security zone is to safeguard from
[USCG-2001-9044, 68 FR 42602, July 18, 2003, as amended by destruction, loss, or injury from sabotage or other subversive acts,
USCG-2006-25411, 71 FR 54421, Sept. 15, 2006] accidents, or other causes of a similar nature:

Subpart B Regulated Navigation Areas (1) Vessels,

165.10 Regulated Navigation Areas. (2) Harbors,


A regulated navigation area is a water area within a defined
boundary for which regulations for vessels navigating within the (3) Ports, and
area have been established under this part.
(4) Waterfront facilities:
165.11 Vessel Operating Requirements (Regulations).
Each District Commander may control vessel traffic in an area in the United States and all territory and water, continental or
which is determined to have hazardous conditions, by issuing insular, that is subject to the jurisdiction of the United States.
regulations:
165.33 General Regulations.
(a) Specifying times of vessel entry, movement, or departure to, Unless otherwise provided in the special regulations in Subpart F
from, within, or through ports, harbors, or other waters; of this part:

(b) Establishing vessel size, speed, draft limitations, and (a) No person or vessel may enter or remain in a security zone
operating conditions; and without the permission of the Captain of the Port;

(c) Restricting vessel operation, in a hazardous area or under (b) Each person and vessel in a security zone shall obey any
hazardous conditions, to vessels which have particular operating direction or order of the Captain of the Port;
characteristics or capabilities which are considered necessary for
safe operation under the circumstances. (c) The Captain of the Port may take possession and control of
any vessel in the security zone;
[CGD 79-026, 48 FR 35408, Aug. 4, 1983]

556
(d) The Captain of the Port may remove any person, vessel, (A) Any tank barge with a capacity of less than 25,000 barrels,
article, or thing from a security zone; operating in an area with limited depth or width such as a creek or
small river; or
(e) No person may board, or take or place any article or thing on
board, any vessel in a security zone without the permission of the (B) Any tank barge operating on any waters within the COTP
Captain of the Port; and Zone, if the operator demonstrates to the satisfaction of the COTP
that the barge employs an equivalent level of safety to that
(f) No person may take or place any article or thing upon any provided by the positive control provisions of this section. Each
waterfront facility in a security zone without the permission of the request for an exemption under this paragraph must be submitted
Captain of the Port. in writing to the cognizant COTP no later than 7 days before the
intended transit.
Subpart E Restricted Waterfront Areas
(iv) The operator of a towing vessel engaged in towing any tank
165.40 Restricted Waterfront Areas. barge must immediately call for an escort or assist tug to render
The Commandant, may direct the COTP to prevent access to assistance in the event of any of the occurrences identified in
waterfront facilities, and port and harbor areas, including vessels paragraph (d)(1)(i) of this section.
and harbor craft therein. This section may apply to persons who
do not possess the credentials outlined in 125.09 of this chapter (2) Enhanced communications. Each vessel engaged in towing
when certain shipping activities are conducted that are outlined in a tank barge must communicate by radio on marine band or Very
125.15 of this chapter. High Frequency (VHF) channel 13 or 16, and issue security calls
on marine band or VHF channel 13 or 16, upon approach to the
Subpart F-Specific Regulated Navigation Areas following places:
And Limited Access Areas First Coast Guard
District (i) Execution Rocks Light (USCG Light List No. [LLNR] 21440).

165.100 Regulated Navigation Area: Navigable Waters (ii) Matinecock Point Shoal Buoy (LLNR 21420).
Within The First Coast Guard District
(a) Regulated navigation area. All navigable waters of the (iii) 32A Buoy (LLNR 21380).
United States, as that term is used in 33 CFR 2.36, within the
geographic boundaries of the First Coast Guard District, as (iv) Cable and Anchor Reef Buoy (LLNR 21330).
defined in 33 CFR 3.05-1(b).
(v) Stratford Middle Ground Light (LLNR 21260).
(b) Definitions. Terms used in this section have the same
meaning as those found in 33 CFR 157.03. Single-hull identifies (vi) Old Field Point Light (LLNR 21275).
any tank barge that is not a double-hull tank barge.
(vii) Approach to Stratford Point from the south (NOAA Chart
(c) Applicability. This section applies to primary towing vessels 12370).
engaged in towing tank barges carrying petroleum oil in bulk as
cargo in the regulated navigation area, or as authorized by the (viii) Falkner Island Light (LLNR 21170).
District Commander.
(ix) TE Buoy (LLNR 21160).
(d) Regulations
(x) CF Buoy (LLNR 21140).
(1) Positive control for barges.
(xi) PI Buoy (LLNR 21080).
(i) Except as provided in paragraph (d)(1)(iii) and paragraph 5 of
this section, each single hull tank barge, unless being towed by a (xii) Race Rock Light (LLNR 19815).
primary towing vessel with twin-screw propulsion and with a
separate system for power to each screw, must be accompanied (xiii) Valiant Rock Buoy (LLNR 19825).
by an escort tug of sufficient capability to promptly push or tow the
tank barge away from danger of grounding or collision in the (xiv) Approach to Point Judith in vicinity of Block Island ferry route.
event of
(xv) Buzzards Bay Entrance Light (LLNR 630).
(A) A propulsion failure;
(xvi) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055)
(B) A parted towing line;
(xvii) Cleveland East Ledge Light (LLNR 16085).
(C) A loss of tow;
(xviii) Hog Island buoys 1 (LLNR 16130) and 2 (LLNR 16135).
(D) A fire;
(xix) Approach to the Bourne Bridge.
(E) Grounding;
(xx) Approach to the Sagamore Bridge.
(F) A loss of steering; or
(xxi) Approach to the eastern entrance of Cape Cod Canal.
(G) Any other time a vessel may be operating in a Hazardous
Vessel Operating Condition as defined in 161.2 of this Chapter. (3) Voyage planning.

(ii) Double-hull tank barges are exempt from paragraph (d)(1)(i) of (i) Each owner or operator of a towing vessel employed to tow a
this section. tank barge shall prepare a written voyage plan for each transit of
the tank barge.
(iii) The cognizant Captain of the Port (COTP), upon written
application, may authorize an exemption from the requirements of (ii) The watch officer is authorized to make modifications to the
paragraph (d)(1)(i) of this section for plan and validate it as necessary.

557
(iii) Except as provided in paragraph (d)(3)(iv) of this section, each or other hazardous material must, in addition to its primary tug, be
voyage plan must contain: accompanied by an escort tug of sufficient capability to promptly
push or tow the tank barge away from danger of grounding or
(A) A description of the type, volume, and grade of cargo. collision in the event of

(B) Applicable information from nautical charts and publications, (A) A propulsion failure;
including Coast Pilot, Coast Guard Light List, and Coast Guard
Local Notice to Mariners, for the destination(s). (B) A parted tow line;

(C) Current and forecasted weather, including visibility, wind, and (C) A loss of tow;
sea state for the destination(s).
(D) A fire;
(D) Data on tides and tidal currents for the destination(s).
(E) Grounding;
(E) Forward and after drafts of the tank barge, and under-keel and
vertical clearances for each port and berthing area. (F) A loss of steering; or

(F) Pre-departure checklists. (G) Any other time a vessel may be operating in a Hazardous
Vessel Operating Condition as defined in 161.2 of this
(G) Calculated speed and estimated times of arrival at proposed subchapter.
waypoints.
(iii) Federal pilotage. Each single hull tank barge transiting
(H) Communication contacts at Vessel Traffic Service (VTS) (if Buzzards Bay and carrying 5,000 or more barrels of oil or other
applicable), bridges, and facilities, and port-specific requirements hazardous material must be under the direction and control of a
for VHF radio. pilot, who is not a member of the crew, operating under a valid,
appropriately endorsed, Federal first class pilot's license issued
(I) The master's standing orders detailing closest points of by the Coast Guard (federally licensed pilot). Pilots are required
approach, special conditions, and critical maneuvers. to embark, direct, and control from the primary tug during transits
of Buzzards Bay.
(iv) Each owner or operator of a tank barge on an intra-port transit
of not more than four hours may prepare a voyage plan that (iv) In addition to the vessels denoted in 161.16 of this chapter,
contains: requirements set forth in subpart B of 33 CFR part 161 also apply
to any vessel transiting VMRS Buzzards Bay required to carry a
(A) The information described in paragraphs (d)(3)(iii)(D) and (E) bridge-to-bridge radiotelephone by part 26 of this chapter.
of this section.
(A) A VMRS Buzzards Bay user must:
(B) Current weather conditions including visibility, wind, and sea
state. This information may be entered in either the voyage plan (1) Not enter or get underway in the area without first notifying the
or towing vessel's log book. VMRS Center;

(C) The channels of VHF radio to monitor. (2) Not enter VMRS Buzzards Bay if a Hazardous Vessel
Operating Condition or circumstance per 161.2 of this
(D) Other considerations such as availability of pilot, assist tug, Subchapter exists;
berth, and line-handlers, depth of berth at mean low water,
danger areas, and security calls. (3) If towing astern, do so with as short a hawser as safety and
good seamanship permits;
(4) Navigation restriction areas. Unless authorized by the
cognizant COTP, no tank barge may operate in (4) Not meet, cross, or overtake any other VMRS user in the area
(i) The waters of Cape Cod Bay south of latitude 425 North without first notifying the VMRS center;
and east of longitude 7025 West; or
(5) Before meeting, crossing, or overtaking any other VMRS user
(ii) The waters of Fishers Island Sound east of longitude 722 in the area, communicate on the designated vessel bridge-to-
bridge radiotelephone frequency, intended navigation movements,
West, and west of longitude 7155 West.
and any other information necessary in order to make safe
passing arrangements. This requirement does not relieve a vessel
(5) Special Buzzards Bay regulations.
of any duty prescribed by the International Regulations for
Prevention of Collisions at Sea, 1972 (33 U.S.C. 1602(c)) or the
(i) For the purposes of this section, Buzzards Bay is the Inland Navigation Rules (33 U.S.C. 2005).
body of water east and north of a line drawn from the southern
tangent of Sakonnet Point, Rhode Island, in approximate position (B) [Reserved]
latitude 41-27.2 North, longitude 70-11.7 West, to the
Buzzards Bay Entrance Light in approximate position latitude (e) In addition to the authority for this part 165, this section is also
41-23.5 North, longitude 71-02.0 West, and then to the authorized under authority of section 311, Pub. L. 105-383.
southwestern tangent of Cuttyhunk Island, Massachusetts, at
approximate position latitude 41-24.6 North, longitude 70- [CGD1-98-151, 63 FR 71770, Dec. 30, 1998, as amended by
57.0 West, and including all of the Cape Cod Canal to its CGD01-98-151, 64 FR 12749, Mar. 15, 1999; USCG-1999-5832,
eastern entrance, except that the area of New Bedford harbor 64 FR 34715, June 29, 1999; CGD01-98-151, 65 FR 35838, June
within the confines (north) of the hurricane barrier, and the 6, 2000; CGD01-04-133, 72 FR 50058, Aug. 30, 2007; 72 FR
passages through the Elizabeth Islands, is not considered to be 70780, Dec. 13, 2007; USCG-2008-0179, 73 FR 35016, June 19,
Buzzards Bay. 2008]

(ii) Additional positive control for barges. Except as provided 165.101 Kittery, Maine-Regulated Navigation Area.
in paragraph (d)(1)(iii) of this section, each single hull tank barge (a) The following is a regulated navigation area-Waters within the
transiting Buzzards Bay and carrying 5,000 or more barrels of oil boundaries of a line beginning at 4304'50"N, 7044'52"W; then to

558
4304'52"N, 7044'53"W; then to 4304'59"N, 7044'46"W; then to previously authorized by the Captain of the Port, Portland, Maine
4305'05"N, 7044'32"W; then to 4305'03"N, 7044'30"W; then to or his authorized patrol representative.
the beginning point.
(d) The Captain of the Port will notify the maritime community and
(b) Regulations-No vessel may operate in this area at a speed in local agencies of periods during which these safety and security
excess of five miles per hour. zones will be in effect by providing notice of arrivals and
departures of LPG vessels via the telephone and/or Marine Safety
165.102 Security Zone; Walkers Point, Kennebunkport ME. Information Radio Broadcasts.
(a) Location. The following area is a security zone: From point of
land located on Cape Arundel at latitude 43 20.4' North, [CGD 188-106, 54 FR 20572, May 12, 1989; 66 FR 58064,
Longitude 070 28.0' West; thence to a point approximately 500 Nov.20, 2001; 67 FR 30809, May 8, 2002; 67 FR 56485, Sept. 4,
yards southwest of Walkers Point located at latitude 43 20.2' 2002]
North, longitude 070 27.9' West; thence to a point located
approximately 500 yards south of Walkers Point at latitude 43 165.104 Safety Zone: Vessel Launches, Bath Iron Works,
20.1' North, longitude 070 27.6' West; thence to a point located Kennebec River, Bath, Maine.
approximately southeast of Walkers Point at latitude 43 20.4' (a) Location. The following is a safety zone: all waters of the
North, longitude 070 27.2' West; thence to an unnamed point of Kennebec River within a 150-yard radius of the Bath Iron Works
land located at 43 20.9' North, longitude 070 27.1' West; thence dry dock while it is being moved to and from its moored position at
along the shoreline of Walkers Point to the beginning point. The the Bath Iron Works Facility in Bath, Maine to a deployed position
aforementioned offshore positions are approximated by white in the Kennebec River, and while launching or recovering vessels.
buoys marked in orange indicating an exclusionary area.
(b) Regulations.
(b) Regulations.
(1) In accordance with the general regulations in 165.23 of this
(1) In accordance with the general regulations in 165.33 of this part, entry into or movement within this zone is prohibited unless
part, entry into this zone is prohibited unless authorized by the authorized by the Captain of the Port, Portland, Maine.
Captain of the Port, Portland, Maine. Section 165.33 also
contained other general requirements. (2) All vessel operators shall comply with the instructions of the
COTP or the designated on-scene U. S. Coast Guard patrol
(2) No person may swim upon or below the surface of the water personnel. On-scene Coast Guard patrol personnel include
within the boundaries of this security zone. commissioned, warrant and petty officers of the Coast Guard on
board Coast Guard, Coast Guard Auxiliary, local, state and
[CGDI 89-008, 54 FR 13883, Apr. 6, 1989] federal law enforcement vessels.

165.103 Safety And Security Zones; LPG Vessel Transits In (c) Notifications. The Captain of the Port will notify the maritime
Portland, Maine, Captain Of The Port Zone, Portsmouth community of periods during which this safety zone will be in
Harbor, Portsmouth, New Hampshire. effect by providing advance notice via Marine Safety Information
(a) Location. The following areas are safety and security zones: Radio Broadcasts.

(1) Except as provided in paragraph (a) (2) of this section, all [67 FR 49580, July 31, 2002]
navigable waters of the Portland, Maine, Captain of the Port zone,
as defined in 33 CFR 3.05-15, one mile ahead, one half mile 165.105 Security Zones; Passenger Vessels, Portland,
astern, and 1000-yards on either side of any Liquefied Petroleum Maine, Captain Of The Port Zone.
Gas vessel. (a) Definition. "Passenger vessel" as used in this section means
a passenger vessel over 100 gross tons authorized to carry more
(2) All waters of the Piscataqua River within a 500-yard radius of than 500 passengers for hire making voyages, any part of which
any Liquefied Petroleum Gas (LPG) vessel while it is moored at is on the high seas, and for which passengers are embarked,
the LPG receiving facility on the Piscataqua River, Newington, disembarked or pay a port call, in the Portland, Maine, Captain of
New Hampshire. the Port zone as delineated in 33 CFR 3.05-15.

(b) Definitions. For purposes of this section, navigable waters of (b) Location. The following areas are security zones:
the United States includes all waters of the territorial sea as
described in Presidential Proclamation No. 5928 of December 27, (1) All navigable waters within the Portland, Maine, Captain of the
1988. Presidential Proclamation No. 5928 of December 27, 1988 Port Zone, extending from the surface to the sea floor, within a
declared that the territorial sea of the United States extends to 12 100-yard radius of any passenger vessel that is anchored,
nautical miles from the baseline of the United States. moored, or in the process of mooring.
(c) Regulations.
(2) All navigable waters, within the Portland, Maine, Captain of the
(1) In accordance with the general regulations in 165.23 and Port Zone, extending from the surface to the sea floor, extending
165.33 of this part, entry into or movement within these zones is 200 yards ahead, and 100 yards aside and astern of any
prohibited unless previously authorized by the Captain of the Port passenger vessel that is underway.
(COTP), Portland, Maine.
(c) Regulations.
(2) All persons and vessels shall comply with the instructions of
the COTP or the designated on-scene U.S. Coast Guard patrol (1) In accordance with the general regulations in 165.33 of this
personnel. On-scene Coast Guard patrol personnel include part, entry into or movement within these zones is prohibited
commissioned, warrant, and petty officers of the Coast Guard on unless previously authorized by the Coast Guard Captain of the
board Coast Guard, Coast Guard Auxiliary, and local, state, and Port, Portland, Maine (COTP) or his designated representative.
federal law enforcement vessels. Emergency response vessels
are authorized to move within the zone, but must abide by (2) All persons and vessels must comply with the instructions of
restrictions imposed by the Captain of the Port. the COTP or the designated on-scene Coast Guard patrol
personnel. On-scene Coast Guard patrol personnel include
(3) No person may swim upon or below the surface of the water commissioned, warrant and petty officers of the Coast Guard on
within the boundaries of the safety and security zones unless board Coast Guard, Coast Guard Auxiliary, and local, state and

559
federal law enforcement vessels. Emergency response vessels 42 deg. 22 N, 070 deg. 50 W; then running north to position
are authorized to move within the zone, but must abide by 42 deg. 25 N, 070 deg. 50 W; then running west back to the
restrictions imposed by the COTP or his designated starting point (NAD 83).
representative.
(3) Vessels moored at the Distrigas LNG facility. All waters
(3) No person may swim upon or below the surface of the water within a 400-yard radius of any LNGC vessel moored at the
within the boundaries of these security zones unless previously Distrigas LNG facility in Everett, MA.
authorized by the COTP or his designated representative.
(4) Vessels calling on a deepwater port. All waters within a
(d) Enforcement. The Captain of the Port will enforce these 500-meter radius of any LNGC engaged in regasification or
zones and may enlist the aid and cooperation of any Federal, transfer, or otherwise moored, anchored, or affixed to a
state, county, municipal, or private agency to assist in the deepwater port listed in 33 CFR 150.490 and falling within the
enforcement of the regulation. waters of the Boston COTP Zone, as defined in 33 CFR 3.05-10.

[68 FR 22303, Apr. 28, 2003] (c) Regulations.

165.106 Security Zone: Seabrook Nuclear Power Plant, (1) In accordance with the general regulations in Sec. 165.23 and
Seabrook, New Hampshire. Sec. 165.33 of this part, entry into or movement within these
(a) Location. The following area is a security zone: All land and zones is prohibited unless authorized by the Captain of the Port
waters within 250 yards of the waterside property boundary of Boston, or his/her authorized representative.
Seabrook Nuclear Power Plant identified as follows: beginning at
position 4253'58" N, 07051'06" W then running along the (2) No person or vessel may enter the waters within the
property boundaries of Seabrook Nuclear Power Plant to position boundaries of the safety and security zones described in
4253'46" N, 07051'06" W. All coordinates reference 1983 North paragraph (b) of this section unless previously authorized by the
American Datum (NAD 83). COTP Boston, or his/her authorized representative. However,
LNGCs and support vessels, as defined in 33 CFR 148.5,
(b) Regulations. operating in the vicinity of NEGDWP are authorized to enter and
move within such zones in the normal course of their operations
(1) In accordance with the general regulations in 165.33 of this following the requirements set forth in 33 CFR 150.340 and
part, entry into or movement within this zone is prohibited unless 150.345, respectively.
authorized by the Captain of the Port, Portland, Maine (COTP).
(3) All vessels operating within the safety and security zones
(2) All persons and vessels shall comply with the instructions of described in paragraph (b) of this section must comply with the
the Coast Guard Captain of the Port, Portland, Maine or instructions of the COTP or his/her authorized representative.
designated on-scene U.S. Coast Guard patrol personnel. On-
scene Coast Guard patrol personnel include commissioned, [CGD01-02-023, 67 FR 63263, Oct. 11, 2002, as amended by
warrant, and petty officers of the Coast Guard on board Coast USCG-2007-0087, 73 FR 34194, June 17, 2008]
Guard, Coast Guard Auxiliary, local, state and federal law
enforcement vessels. 165.111 Safety Zone: Boston Harbor, Boston,
Massachusetts.
(3) No person may swim upon or below the surface of the water (a) The following areas are established as safety zones during the
within the boundaries of this security zone. conditions specified:

[67 FR 64813, Oct. 22, 2002] (1) Around the U.S.S. Constitution or any accompanying parade
vessels when Constitution is under way-300 yards in all directions
165.110 Safety And Security Zone; Liquefied Natural Gas in the waters around the U.S.S. Constitution and each parade
Carrier Transits And Anchorage Operations, Boston, vessel accompanying Constitution whenever the U.S.S.
Massachusetts. Constitution is underway in Boston Harbor from the time such
(a) Definitions. As used in this section vessels depart their respective berths until the time they complete
their transit and are safely moored.
Authorized representative means a Coast Guard commissioned,
warrant, or petty officer or a Federal, State, or local law (2) Whenever Constitution is moored at Pier 1, Charlestown Navy
enforcement officer designated by or assisting the Captain of the Yard-the waters between Hoosac Pier and Pier 1, Charlestown
Port (COTP) Boston. Navy Yard, from the imaginary line connecting the outer
easternmost point protruding into Boston Harbor from Hoosac
Deepwater port means any facility or structure meeting the Pier to the outer westernmost point protruding into Boston Harbor
definition of deepwater port in 33 CFR 148.5. from Pier 1, Charlestown Navy Yard, extending inbound along the
Support vessel means any vessel meeting the definition of face of both piers to the landside points where both piers end.
support vessel in 33 CFR 148.5.
(3) Around the U.S.S. Constitution-fifty yards in all directions in
(b) Location. The following areas are safety and security zones: the waters around Constitution when the vessel is moored at any
Boston berthing location other than Pier 1, Charlestown Navy
(1) Vessels underway. All navigable waters of the United States Yard.
within the Captain of the Port (COTP) Boston zone, as defined in
33 CFR 3.05-10, two miles ahead and one mile astern, and 500 (b) The general regulations governing safety zones as contained
yards on each side of any liquefied natural gas carrier (LNGC) in 33 CFR 165.23 apply.
vessel while underway.
[CGD1 91-109, 57 FR 30407, July 9, 1992]
(2) Vessels anchored in the Broad Sound. All waters within a
500-yard radius of any anchored LNGC vessel located in the 165.112 Safety Zone: USS CASSIN YOUNG, Boston,
waters of Broad Sound bounded by a line starting at position 42 Massachusetts.
deg. 25 N, 070 deg. 58 W; then running southeast to position (a) Location. The following area is a safety zone:
42 deg. 22 N, 070 deg. 56 W; then running east to position
Around the USS CASSIN YOUNG (DD-793) and any

560
accompanying parade vessels when the USS CASSIN YOUNG is [63 FR 16116, Apr. 1, 1998]
underway. The zone extends 100 yards in all directions in the
waters around the USS CASSIN YOUNG and accompanying 165.114 Safety And Security Zones: Escorted Vessels-
parade vessels whenever the USS CASSIN YOUNG is underway Boston Harbor, Massachusetts.
in Boston Harbor from the time the USS CASSIN YOUNG departs (a) Location. The following waters within the Boston Captain of
its berth until it is safely moored. the Port Zone, 1000 yards ahead and astern, and 100 yards on
each side of any designated escorted vessel, are established as
(b) Regulations. The general regulations governing safety zones safety and security zones: All waters of Boston Inner Harbor,
as contained 33 CFR 165.23 apply. including the waters of the Mystic River, Chelsea River, and
Reserved Channel west of a line running from Deer Island Light,
[58 FR 47990, September 14, 1993] at position 4220'25" N, 07057'15" W, to Long Island, at position
4219'48" N, 07057'15" W, and west of the Long Island Bridge,
165.113 Security Zone: Dignitary Arrival/Departure Logan running from Long Island to Moon Head.
International Airport, Boston, MA
(a) Location. The permanent security zone consists of four (b) Regulations.
sectors that may be activated in part, or in whole, upon the
request of the U.S. Secret Service. These zones are for the (1) In accordance with the general regulations in 165.23 and
protection of the President or Vice President of the United States, 165.33 of this part, entry into or movement within this zone is
as well as visiting heads of foreign states or foreign governments prohibited unless authorized by the Captain of the Port Boston.
arriving at, or departing from, Logan International Airport and as
determined by the transit route across Boston Harbor. The (2) All vessel operators shall comply with the instructions of the
security zone will be as follows: COTP or the designated on-scene U.S. Coast Guard patrol
personnel. On-scene Coast Guard patrol personnel include
(1) Sector one will go into effect 15 minutes prior to the scheduled commissioned, warrant, and petty officers of the Coast Guard on
landing or takeoff of the aircraft carrying either the President, Vice board Coast Guard, Coast Guard Auxiliary, local, state, and
President, or visiting heads of foreign states or foreign federal law enforcement vessels.
governments at Logan International Airport. Sector one will
preclude all vessels from approaching within three hundred yards [67 FR 20909, Apr. 29, 2002; 67 FR 63264, Oct. 11, 2002]
of the Logan International Airport shoreline, bound on the west by
a line drawn between positions 4222'45"N, 07101'05"W and 165.115 Safety and Security Zones; Pilgrim Nuclear Power
4221'48"N, 07101'45"W (NAD) 1983). Plant, Plymouth, Massachusetts.
(a) Location. All waters of Cape Cod Bay and land adjacent to
(2) Sector two will go into effect 15 minutes before the vehicle those waters enclosed by a line beginning at position 4156
carrying the President, Vice President, or visiting heads of foreign 59.3 N, 0703458.5 W; thence to 15712.2 N, 070
states or foreign governments enters the Callahan Tunnel or 3441.9 W; thence to 415642.3 N, 0703400.1 W;
Sumner Tunnel. Sector two may preclude vessels, as necessary,
thence to 415629.5 N, 0703414.5 W.
from entering an area of the main ship channel, Boston Inner
Harbor; fifty yards in all directions from a point directly above the
(b) Regulations.
Callahan Tunnel or Sumner Tunnel.
(1) In accordance with the general regulations in 165.23 and
(3) Sector three will go into effect 15 minutes before the vehicle
165.33 of this part, entry into or movement within these zones is
carrying the President, Vice President, or visiting heads of foreign
prohibited unless authorized by the Captain of the Port Boston.
states or foreign governments enters the Ted Williams Tunnel.
Sector three may preclude vessels, as necessary, from entering
(2) All vessel operators shall comply with the instructions of the
an area of the main ship channel, Boston Inner Harbor, fifty yards
COTP or the designated on-scene U.S. Coast Guard patrol
in all directions from a point directly above the Ted Williams
personnel. On-scene Coast Guard patrol personnel include
Tunnel.
commissioned, warrant, and petty officers of the Coast Guard on
board Coast Guard, Coast Guard Auxiliary, local, state, and
(4) Sector four will go into effect 15 minutes before the President,
federal law enforcement vessels.
Vice President, or visiting heads of foreign states or foreign
governments board the designated transport vessel. Sector four
(3) No person may enter the waters or land area within the
will preclude all vessels from approaching within three hundred
boundaries of the safety and security zones unless previously
yards in all directions from the designated vessel transporting the
authorized by the Captain of the Port, Boston or his authorized
President, Vice President, or visiting heads of foreign states or
patrol representative.
foreign governments between Logan International Airport and any
location in Boston Harbor.
[CGD01-02-002, 67 FR 37693, May 30, 2002, as amended by
USCG-2009-0311, 74 FR 50925, Oct. 2, 2009]
(5) The activation of a particular sector of this security zone will be
announced via Safety Marine Information Broadcasts and/or by
165.116 Safety And Security Zones; Salem And Boston
locally issued notices.
Harbors, Massachusetts.
(a) Location. The following areas are permanent safety and
(b) Regulations.
security zones:
(1) The general regulations covering security zones contained in
(1) Reserved Channel, Boston Harbor. All waters of Boston
33 CFR 165.33 apply.
Harbor within one hundred fifty (150) yards off the bow and stern
and one hundred (100) yards abeam of any vessel moored at the
(2) All persons and vessels shall comply with the instructions of
Massachusetts Port Authority Black Falcon Terminal;
the Coast Guard Captain of the Port or the designated on scene
patrol personnel. Coast Guard patrol personnel include
(2) Boston Inner Harbor. All waters of Boston Harbor within one
commissioned, warrant, and petty officers of the Coast Guard.
hundred (100) feet of the Coast Guard Integrated Support
Upon being hailed by a Coast Guard vessel via siren, radio,
Command (ISC) Boston piers and;
flashing light, or other means, the operator of a vessel shall
proceed as directed.
(3) Salem Harbor. All waters of Salem Harbor within a two-

561
hundred and fifty (250) yard radius of the center point of the PG & the regulated navigation areas set forth in paragraph (a) of this
E Power Plant Terminal Wharf, Salem, MA, located at 42 section, except
31.33 N, 07052.67 W when a vessel is moored at this pier.
All coordinates are North American Datum 1983. (1) Those vessels conducting cargo transfer operations with the
deepwater ports whose coordinates are provided in paragraph
(b) Regulations. (a)(3) of this section,

(1) In accordance with the general regulations in 165.23 and (2) Support vessels operating in conjunction therewith, and
165.33 of this part, entry into or movement within these zones is
prohibited unless authorized by the Captain of the Port Boston. (3) Coast Guard vessels or other law enforcement vessels
operated by or under the direction of an authorized representative
(2) All vessel operators shall comply with the instructions of the of the COTP Boston.
Captain of the Port or the designated on-scene U.S. Coast Guard
patrol personnel. On-scene Coast Guard patrol personnel include (d) Regulations.
commissioned, warrant, and petty officers of the Coast Guard on
board Coast Guard, Coast Guard Auxiliary, local, state, and (1) No vessel may anchor, engage in diving operations, or
federal law enforcement vessels. commercial fishing using nets, dredges, traps (pots), or use of
remotely operated vehicles (ROVs) in the regulated navigation
(3) No person may enter the waters or land area within the areas set forth in paragraph (a)(1) of this section.
boundaries of the safety and security zones unless previously
authorized by the Captain of the Port, Boston or his authorized (2) In accordance with the general regulations in 165.23 and
patrol representative. 165.33 of this part, entry into or movement within the safety and
security zones designated in paragraph (a)(2) of this section is
[CGD01-02-016, 67 FR 45909, July 11, 2002, as amended by prohibited unless authorized by the COTP Boston, or his/her
USCG-2009-0416, 74 FR 27441, June 10, 2009] authorized representative.

165.117 Regulated Navigation Areas, Safety and Security (3) Notwithstanding paragraph (d)(2) of this section, tankers and
Zones: Deepwater Ports, First Coast Guard District. support vessels, as defined in 33 CFR 148.5, operating in the
(a) Location vicinity of NEGDWP are authorized to enter and move within such
zones in the normal course of their operations following the
(1) Regulated navigation areas. All waters within a 1,000 meter requirements set forth in 33 CFR 150.340 and 150.345,
radius of the geographical positions set forth in paragraph (a)(3) respectively.
of this section are designated as regulated navigation areas.
(4) All vessels operating within the safety and security zones
(2) Safety and security zones. All waters within a 500-meter described in paragraph (a)(2) of this section must comply with the
radius of the geographic positions set forth in paragraph (a)(3) of instructions of the COTP or his/her authorized representative.
this section are designated as safety and security zones.
[USCG-2007-0087, 73 FR 34194, June 17, 2008, as amended by
(3) Coordinates. USCG-2009-0589, 75 FR 51377, Aug. 20, 2010; USCG-2014-
0410, 79 FR 38442, July 7, 2014]
(i) The geographic coordinates forming the loci for the regulated
navigation areas, safety and security zones for the Northeast 165.120 [Removed]
Gateway Deepwater Port are: 422338 N., 0703531
165.121 Safety And Security Zones: High Interest Vessels,
W.; and 422356 N., 0703700 W. (NAD 83).
Narragansett Bay, Rhode Island.
(a) Location.
(ii) The geographic coordinates forming the loci for the regulated
navigation areas, safety, and security zones for Neptune
(1) All waters of Rhode Island Sound within a 12 mile radius of
Deepwater Port are: 422912.3 N., 703629.7 W.; and any high interest vessel while the vessel is anchored within 12
422720.5 N., 703607.3 W. (NAD 83). mile of the point Latitude 4125 N, Longitude 7123 W in the
Narragansett Bay Precautionary Area.
(iii) [Reserved]
(2) All waters of Rhode Island Sound, Narragansett Bay, the
(b) Definitions. As used in this section Providence and Taunton Rivers 2 miles ahead and 1 mile astern,
and extending 1000 yards on either side of any high interest
Authorized representative means a Coast Guard commissioned, vessel transiting Narragansett Bay, or the Providence and
warrant, or petty officer or a Federal, State, or local law Taunton Rivers.
enforcement officer designated by or assisting the Captain of the (3) All waters and land within a 1000-yard radius of any high
Port (COTP) Boston. interest vessel moored at a waterfront facility in the Providence
Captain of the Port zone.
Deepwater port means any facility or structure meeting the
definition of deepwater port in 33 CFR 148.5. (b) High interest vessels defined. For purposes of this section,
high interest vessels operating in the Providence Captain of the
Dredge means fishing gear consisting of a mouth frame attached Port zone include the following: barges or ships carrying liquefied
to a holding bag constructed of metal rings or mesh. petroleum gas (LPG), liquefied natural gas (LNG), chlorine,
anhydrous ammonia, or any other cargo deemed to be high
Support vessel means any vessel meeting the definition of interest by the Captain of the Port, Providence.
support vessel in 33 CFR 148.5.
(c) Regulations.
Trap means a portable, enclosed device with one or more gates
or entrances and one or more lines attached to surface floats (1) Entry into or movement within these zones, including below
used for fishing. Also called a pot. the surface of the water, during times in which high interest
vessels are present and the zones are enforced is prohibited
(c) Applicability. This section applies to all vessels operating in unless authorized by the COTP Providence or authorized

562
representative. channels 13 and 16 at the following geographic locations:

(2) The general regulations covering safety and security zones in (i) One-half hour prior to departure from the berth;
165.23 and 165.33, respectively, of this part apply.
(ii) At departure from the berth;
(3) All persons and vessels shall comply with the instructions of
the COTP, and the designated on-scene U.S. Coast Guard (iii) Abeam of Sabin Point;
personnel. On-scene Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the Coast Guard on (iv) Abeam of Gaspee Point; and
board Coast Guard, Coast Guard Auxiliary, local, state, and
federal law enforcement vessels. (v) Abeam of position 414301.4 N; 0712041.7 W
(Conimicut Light (LLNR 18305)).
[CGD01-02-065, 67 FR 56224, Sept. 3, 2002, as amended by
USCG-2013-0060, 78 FR 67030, Nov. 8, 2013] (5) Vessels over 65 feet in length outbound for sea down from
Mount Hope Bay through Narragansett Bay are required to make
165.122 Regulated Navigation Area: Navigable waters within SECURITE calls on VHF channels 13 and 16 at the following
Narragansett Bay and the Providence River, Rhode Island. geographic locations:
(a) Description of the regulated navigation area (RNA). The
Regulated Navigation Area (RNA) encompasses all of the (i) One-half hour prior to departure from the berth;
navigable waters of Narragansett Bay north of the COLREGS
demarcation line and west of the Mt. Hope Bridge, and all of the (ii) At departure from the berth; and
navigable waters of the Providence River from Conimicut Point to
the Providence hurricane barrier. (iii) At position 413932.4 N;07114 02.6 W (Mount
Hope Bay Junction Lighted Gong Buoy MH (LLNR 18790)).
(b) Regulations.
(6) Vessels 65 feet and under in length, and all recreational
(1) All commercial vessels must: vessels, when meeting deep draft commercial vessel traffic in all
locations within this RNA shall keep out of the way of the
(i) Maintain a minimum 10% of the vessel's draft as an under-keel oncoming deep draft commercial vessel. Nothing in this regulation,
clearance when not assisted by tugs, or when not moored at an however, relieves a vessel of any duty prescribed in the Inland
assigned berth. Under-keel clearance is the minimum clearance Navigation Rules (set forth in 33 CFR Part 83.
available between the deepest point on the vessel and the bottom
of the waterway, in calm water. (7) The Captain of the Port (COTP) Southeastern New England
may authorize a deviation from these regulations. Parties wishing
(ii) Have at least one mile of visibility to transit the Providence to request a deviation must do so in advance by contacting the
River between 41 43 01.4 N; 071 20 41.7 W COTP Southeastern New England, at 508-457-3211, or via VHF
(Conimicut Light (LLNR 18305)) and 414738.8 N; 071 Channel 13 (156.7 MHz), or VHF channel 16 (156.8 MHz). Any
2246.7 W (Channel Light 42 (LLNR 18580)). person or vessel receiving permission from the COTP to deviate
from these regulations must comply with any specific instructions
(2) Vessels over 65 feet in length inbound for berths in the provided by the COTP.
Providence River are required to make Safety Signal (SECURITE)
calls on both VHF channels 13 and 16 at the following geographic (c) Enforcement. Violations of this RNA should be reported to the
locations: COTP Southeastern New England at 508-457-3211. Persons
found in violation of these regulations may be subject to civil or
(i) Pilot Boarding Area; criminal penalties as provided for in 33 U.S.C. 1232.

(ii) Abeam of Castle Hill; [USCG-2009-0143, 75 FR 15347, Mar. 29, 2010, as amended by
USCG-2014-0410, 79 FR 38442, July 7, 2014]
(iii) Abeam of Sandy Point;
165.123 Cruise Ships, Sector Southeastern New England
(iv) Abeam of 414301.4 N; 0712041.7 W (Conimicut Captain of the Port (COTP) Zone.
Point Light (LLNR 18305)); (a) Location. The following areas are security zones: All
navigable waters within the Southeastern New England Captain
(v) Abeam of Sabin Point; and of the Port (COTP) Zone, extending from the surface to the sea
floor:
(vi) Upon mooring.
(1) Within a 200-yard radius of any cruise ship that is underway
(3) Vessels over 65 feet in length inbound for berths in Mount and is under escort of U.S. Coast Guard law enforcement
Hope Bay or in the Taunton River are required to make personnel or designated representative, or
SECURITE calls on both VHF channels 13 and 16 at the following
geographic locations: (2) Within a 100-yard radius of any cruise ship that is anchored, at
any berth or moored.
(i) Pilot Boarding Area;
(b) Definitions. For the purposes of this section
(ii) Abeam of Castle Hill;
Cruise ship means a passenger vessel as defined in 46 U.S.C.
(iii) Abeam of Sandy Point; and 2101(22), that is authorized to carry more than 400 passengers
and is 200 or more feet in length. A cruise ship under this section
(iv) At position 413932.4 N;07114 02.6 W (Mount will also include ferries as defined in 46 CFR 2.10-25 that are
Hope Bay Junction Lighted Gong Buoy MH (LLNR 18790)). authorized to carry more than 400 passengers and are 200 feet or
more in length.
(4) Vessels over 65 feet in length outbound for sea down the
Providence River Channel shall make SECURITE calls on VHF Designated representative means any Coast Guard

563
commissioned, warrant, or petty officer who has been designated those activities by the U.S. Environmental Protection Agency
by the COTP to act on the COTP's behalf. The designated (EPA).
representative may be on a Coast Guard vessel, or onboard
Federal, state, or a local agency vessel that is authorized to act in (c) Waivers. The Captain of the Port (COTP) Southeastern New
support of the Coast Guard. England may, in consultation with the U.S. EPA, authorize a
waiver from this section if he or she determines that the proposed
Southeastern New England COTP Zone is as defined in 33 activity can be performed without undue risk to environmental
CFR 3.05-20. remediation efforts. Requests for waivers should be submitted in
writing to Commander, U.S. Coast Guard Sector Southeastern
(c) Enforcement. The security zones described in this section will New England, 1 Little Harbor Road, Woods Hole, MA, 02543, with
be activated and enforced upon entry of any cruise ship into the a copy to the U.S. Environmental Protection Agency, Region 1,
navigable waters of the United States (see 33 CFR 2.36(a) to New Bedford Harbor Remedial Project Manager, 5 Post Office
include the 12 NM territorial sea) in the Southeastern New Square, Suite 100 (OSRR07), Boston, MA 02109, to facilitate
England COTP zone. This zone will remain activated at all times review by the EPA and U.S. Coast Guard.
while a cruise ship is within the navigable waters of the United
States in the Sector Southeastern New England COTP Zone. In [USCG-2010-1119, 76 FR 35744, June 20, 2011]
addition, the Coast Guard may broadcast the area designated as
a security zone for the duration of the enforcement period via 165.140 [Removed]
Broadcast Notice to Mariners.
165.141 Safety Zone: Sunken Vessel EMPIRE KNIGHT, Boon
(d) Regulations. Island, ME.
(a) Location. The following area is a safety zone: All waters of
(1) In accordance with the general regulations in 33 CFR part 165, the Atlantic Ocean within a 1,000 yard radius of the stern section
subpart D, no person or vessel may enter or move within the of the sunken vessel EMPIRE KNIGHT, in approximate position
security zones created by this section unless granted permission 4306'19" N, 7027'09" W, (NAD 1983) and extending from the
to do so by the COTP Southeastern New England or the water's surface to the seabed floor.
designated representative.
(b) Effective date. This section is effective on August 23, 1996,
(2) All persons and vessels granted permission to enter a security twenty-four hours a day, seven days a week.
zone must comply with the instructions of the COTP or the
designated representative. Emergency response vessels are (c) Regulations.
authorized to move within the zone, but must abide by the
restrictions imposed by the COTP or the designated (1) The general regulations contained in 33 CFR 165.23 apply.
representative.
(2) All vessels and persons are prohibited from anchoring, diving,
(3) No person may swim upon or below the surface of the water dredging, dumping, fishing, trawling, laying cable, or conducting
within the boundaries of these security zones unless previously salvage operations in this zone except as authorized by the Coast
authorized by the COTP or his designated representative. Guard Captain of the Port, Portland, Maine. Innocent transit
through the area within the safety zone is not affected by this
(4) Upon being hailed by a U.S. Coast Guard vessel or the regulation and does not require the authorization of the Captain of
designated representative, by siren, radio, flashing light or other the Port.
means, the operator of the vessel shall proceed as directed.
(3) All persons and vessels shall comply with the instructions of
(5) Vessel operators desiring to enter or operate within the the COTP or the designated on scene patrol personnel. U.S.
security zone shall contact the COTP or the designated Coast Guard patrol personnel include commissioned, warrant,
representative via VHF channel 16 or 508-457-3211 (Sector and petty officers of the Coast Guard. Upon being hailed by a U.S.
Southeastern New England command center) to obtain Coast Guard vessel via siren, radio, flashing light, or other means,
permission to do so. the operator of a vessel shall proceed as directed.

[USCG-2010-0803, 76 FR 41075, July 13, 2011] [61 FR 60030, Nov. 26, 1996]

165.125 Regulated Navigation Area; EPA Superfund Site, 165.150 New Haven Harbor, Quinnipiac River, Mill River.
New Bedford Harbor, Massachusetts. (a) Boundaries. The following is a regulated navigation area: The
(a) Location. The regulated navigation area encompasses all waters surrounding the Tomlinson Bridge and Pearl Harbor
waters bounded by a line beginning at 413722.5 N, 070 Memorial Bridge (I-95 Bridge) located within a line extending from
5434.1 W; thence to 413714.4 N, 0705419.6 W; a point A at 411750.35 N, 0725434.37 W (the
thence to 413658.5 N, 0705408.1 W; thence to 41 southeast corner of the Magellan Pink Tanks Terminal dock)
3645.0 N, 0705426.9 W; thence along the shoreline thence along a line 126T to point B at 411742.35 N,
and south side of the hurricane barrier to the beginning point. 0725419.37 W (the southwest corner of the Gulf facility)
thence north along the shoreline to point C at 411757.35 N,
(b) Regulations. 0725404.37 W (the northwest corner of the R & H Terminal
dock) thence along a line 303T to point D at 411805.35
(1) All vessels and persons are prohibited from activities that N, 0725421.37 W (the west bank of the mouth of the Mill
would disturb the seabed within the regulated navigation area, River) thence south along the shoreline to point of origin. All
including but not limited to anchoring, dragging, trawling, and coordinates are North American Datum 1983.
spudding. Vessels may otherwise transit or navigate within this
area without reservation. (b) Regulations.
(2) The prohibition described in paragraph (b)(1) of this section (1) No person may operate a vessel or tow a barge in this
shall not apply to vessels or persons engaged in activities Regulated Navigation Area in violation of these regulations.
associated with remediation efforts in the New Bedford Harbor
Superfund Site, provided that the Coast Guard Captain of the Port (2) Applicability. The regulations apply to barges with a freeboard
(COTP) Southeastern New England, is given advance notice of greater than ten feet and to any vessel towing or pushing these

564
barges on outbound transits of the Tomlinson Bridge. Ferry means a vessel that:

(3) Regulated barges may not transit the bridge (1) Operates in other than ocean or coastwise service;

(i) During the period from one hour to five hours after high water (2) Has provisions only for deck passengers or vehicles, or both;
slack,
(3) Operates on a short run on a frequent schedule between two
(ii) When the wind speed at the bridge is greater than twenty points over the most direct water route; and
knots, and
(iii) With the barge being towed on a hawser, stern first. (4) Offers a public service of a type normally attributed to a bridge
or tunnel.
(4) Regulated barges with a beam greater than fifty feet must be
pushed ahead through the bridge. Public vessels means vessels owned or bareboat chartered and
operated by the United States, or by a State or political
(5) If the tug operator does not have a clear view over the barge subdivision thereof, or by a foreign nation, except when such
when pushing ahead, the operator shall post a lookout on the vessel is engaged in commercial service.
barge with a means of communication with the operator.
Territorial sea baseline means the line defining the shoreward
(6) Regulated barges departing the Mill River may transit the extent of the territorial sea of the United States drawn according
bridge only between sunrise and sunset. Barges must be pushed to the principles, as recognized by the United States, of the
ahead of the tug, bow first, with a second tug standing by to assist Convention on the Territorial Sea and the Contiguous Zone, 15
at the bow. U.S.T. 1606, and the 1982 United Nations Convention on the Law
of the Sea (UNCLOS), 21 I.L.M. 1261. Normally, the territorial sea
(7) Nothing in this section is intended to relieve any person from baseline is the mean low water line along the coast of the United
complying with: States.

(i) Applicable Navigation and Pilot Rules for Inland Waters; (d) Regulations.

(ii) Any other laws or regulations; (1) Speed restrictions in the vicinity of Naval Submarine Base
New London and Lower Thames River. Unless authorized by the
(iii) Any order or direction of the Captain of the Port. Captain of the Port (COTP), vessels of 300 gross tons or more
may not proceed at a speed in excess of eight knots in the
(8) The Captain of the Port Sector Long Island Sound (COTP) Thames River from New London Harbor channel buoys 7 and 8
may issue an authorization to deviate from any regulation in (Light List numbers 21875 and 21880 respectively) north through
paragraph (b) of this section if the COTP determines that an the upper limit of the Naval Submarine Base New London
alternate operation can be done safely. Restricted Area, as that area is specified in 33 CFR 334.75(a).
The U.S. Navy and other Federal, State and municipal agencies
(9) The COTP may temporarily close the RNA for any situation may assist the U.S. Coast Guard in the enforcement of this rule.
the COTP determines would create an imminent hazard to
waterway users in the RNA. Entry into the RNA during temporary (2) Enhanced communications. Vessels of 300 gross tons or more
closure is prohibited unless authorized by the COTP or the and all vessels engaged in towing barges must issue securit
COTP's designated representative. The COTP or designated calls on marine band or Very High Frequency (VHF) radio
representative may order the removal of any vessel or equipment channel 16 upon approach to the following locations:
within the RNA. To assure wide advance notice of each closure
among affected mariners, the COTP may use means including, (i) Inbound approach to Cerberus Shoal; and
but not limited to, Broadcast Notice to Mariners and Local Notice
to Mariners. The COTP will announce the dates and times of the (ii) Outbound approach to Race Rock Light (USCG Light List No.
closure and whether exceptions will be authorized for emergency 19815).
or other specific vessel traffic.
(3) All vessels operating within the RNA that are bound for a port
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD or place located in the United States or that must transit the
80-069, 47 FR 53368, Nov. 26, 1982. Redesignated by CGD 87- internal waters of the United States, must be inspected to the
008b, 52 FR 25218, July 6, 1987, as amended by USCG-2012- satisfaction of the U. S. Coast Guard, before entering waters
0343, 77 FR 67565, Nov. 13, 2012] within three nautical miles from the territorial sea baseline.
Vessels awaiting inspection will be required to anchor in the
165.152 [Removed] manner directed by the COTP. This section does not apply to
vessels operating exclusively within the Long Island Sound
165.153 Regulated Navigation Area: Long Island Sound Marine Inspection and COTP Zone, vessels on a single voyage
Marine Inspection and Captain of the Port Zone. which depart from and return to the same port or place within the
(a) Regulated Navigation Area location. All waters of the Long RNA, all towing vessels engaged in coastwise trade, vessels in
Island Sound Marine Inspection and Captain of the Port (COTP) innocent passage not bound for a port or place subject to the
Zone, as delineated in 33 CFR 3.05-35, extending seaward 12 jurisdiction of the United States, and all vessels not engaged in
nautical miles from the territorial sea baseline, are established as commercial service whose last port of call was in the United
a regulated navigation area (RNA). States. Vessels requiring inspection by the COTP may contact the
COTP via marine band or Very High Frequency (VHF) channel 16,
(b) Applicability. This section applies to all vessels operating telephone at (203) 468-4401, facsimile at (203) 468-4418, or letter
within the RNA excluding public vessels. addressed to Captain of the Port, Long Island Sound, 120
Woodward Ave., New Haven, CT 06512.
(c) Definitions. The following definitions apply to this section:
(4) All vessels operating within the RNA that are bound for a port
Commercial service means any type of trade or business or place located in the United States or that must transit the
involving the transportation of goods or individuals, except service internal waters of the United States, must obtain authorization
performed by a combatant vessel. from the Captain of the Port (COTP) before entering waters within
three nautical miles from the territorial sea baseline. Vessels

565
awaiting COTP authorization to enter waters within three nautical 39 W, running south to the Eastern most point of Fox Island at
miles from the territorial sea baseline will be required to anchor in approximate position 411824.11 N, 0720939.73 W
the manner directed by the COTP. This section does not apply to (NAD 83).
vessels operating exclusively within the Long Island Sound
Marine Inspection and COTP Zone, vessels on a single voyage (2) Electric Boat Shipyard, Groton, CT.
which depart from and return to the same port or place within the
RNA, all towing vessels engaged in coastwise trade, vessels in (i) Location. All navigable waters of the Thames River, from
innocent passage not bound for a port or place subject to the surface to bottom, West of the Electric Boat Corporation Shipyard
jurisdiction of the United States, and all vessels not engaged in enclosed by a line beginning at a point on the shoreline at 41
commercial service whose last port of call was in the United
2016N, 720447 W; then running West to 4120
States. Vessels may request authorization from the COTP by
contacting the COTP via marine band or Very High Frequency 16 N, 720457 W; then running North to 412026 N,
(VHF) channel 16, telephone at (203) 468-4401, facsimile at (203) 720457 W; then Northwest to 412028.7 N, 7205
468-4418, or letter addressed to Captain of the Port, Long Island 01.7 W; then North-Northwest to 412053.3 N, 7205
Sound, 120 Woodward Ave., New Haven, CT 06512. 04.8 W; then North-Northeast to 412102.9 N, 7205
04.9 W; then East to a point on shore at 412102.9 N,
(5) Vessels over 1,600 gross tons operating in the RNA within 720458.2 W (NAD 83).
three nautical miles from the territorial sea baseline that are
bound for a port or place located in the United States or that must (ii) Application. Sections 165.33(a), (e), (f) shall not apply to
transit the internal waters of the United States must receive public vessels or to vessels owned by, under hire to, or
authorization from the COTP prior to transiting or any intentional performing work for the Electric Boat Division when operating in
vessel movements, including, but not limited to, shifting berths, the security zone.
departing anchorage, or getting underway from a mooring. This
section does not apply to vessels in innocent passage not bound (3) Naval Submarine Base, Groton, CT. All navigable waters of
for a port or place subject to the jurisdiction of the United States. the Thames River, from surface to bottom, West of the Groton
Code of Federal Regulations674 Naval Submarine Base New London, enclosed by a line
beginning at a point on the shoreline at 412315.8 N, 72
(6) Ferry vessels. Vessels of 300 gross tons or more are
0517.9 W; then to 412315.8 N, 720522 W; then
prohibited from entering all waters within a 1200-yard radius of
any ferry vessel transiting in any portion of the Long Island Sound to 412325.9 N, 720529.9 W; then to 4123
Marine Inspection and COTP Zone without first obtaining the 33.8 N, 720534.7 W; then to 412337.0 N, 72
express prior authorization of the ferry vessel operator, master, 0538.0 W; then to 412341.0 N, 720540.3 W;
COTP, or the designated COTP on-scene patrol. then to 412347.2 N, 720542.3 W; then to 4123
53.8 N, 720543.7 W; then to 412359.8 N, 72
(7) Vessels engaged in commercial service. No vessel may enter 0543.0 W; then to 412412.4 N, 720543.2 W;
within a 100-yard radius of any vessel engaged in commercial then to a point on the shoreline at 412414.4 N, 7205
service while that vessel is transiting, moored, or berthed in any
38 W; then along the shoreline to the point of beginning (NAD
portion of the Long Island Sound Marine Inspection and COTP
83).
zone, without the express prior authorization of the vessel's
operator, master, COTP, or the designated COTP on-scene
(4) U.S. Coast Guard Academy, New London, CT.
representative.
(i) Location. All navigable waters of the Thames River, from
(8) Bridge foundations. Any vessel operating beneath a bridge
surface to bottom, in a 500-yard radius from Jacobs Rock,
must make a direct, immediate and expeditious passage beneath
the bridge while remaining within the navigable channel. No approximate position 412222 N, 0720540 W (NAD
vessel may stop, moor, anchor or loiter beneath a bridge at any 83).
time. No vessel may approach within a 25-yard radius of any
bridge foundation, support, stanchion, pier or abutment except as (ii) Enforcement period. This rule will be enforced during visits
required for the direct, immediate and expeditious transit beneath by high-ranking officials and times of heighted security.
a bridge.
(iii) Notification. The Captain of the Port will notify the maritime
(9) This section does not relieve any vessel from compliance with community of periods during which this security zone will be
applicable navigation rules. enforced by all appropriate means such as Local Notice to
Mariners, Marine Safety Information Radio Broadcasts or on
[CGD01-02-104, 68 FR 48802, Aug. 15, 2003, as amended by scene notice.
USCG-2006-24371, 74 FR 11213, Mar. 16, 2009]
(5) U.S. Coast Guard Vessels, Long Island Sound COTP Zone.
165.154 Safety and Security Zones; Captain of the Port Long All navigable waters within a 100-yard radius of any anchored U.S.
Island Sound Zone Safety and Security Zones. Coast Guard vessel. For the purposes of this section, U.S. Coast
The following areas are designated safety and security zones: Guard vessels includes any commissioned vessel or small boat in
the service of the regular U.S. Coast Guard and does not include
(a) Security zones. Coast Guard Auxiliary vessels.

(1) Dominion Millstone Nuclear Power Plant, Waterford, CT. (b) Safety zones.

(i) All navigable waters of Long Island Sound, from surface to (1) Coast Guard Station Fire Island, Long Island, NY. All waters of
bottom, North and Northeast of a line running from Bay Point, at Fire Island Inlet from the shore out to a line beginning at a point
approximate position 411834.20 N, 0721024.60 W, on shore at 403731.4 N, 0731541.1 W; then North
to Millstone Point at approximate position 411815.00 N, to 403735.6 N, 0731543.1 W; then East to 4037
072957.60 W (NAD 83). 36.7 N, 0731539.8 W; then East to 403737.8 N,
0731536.6 W; then East to 403741.1 N, 07315
(ii) All navigable waters of Long Island Sound, from surface to 33.5 W; then Southeast to 403739.7 N, 07315
bottom, West of a line starting at 411842 N, 07209 27.0 W; then Southeast to 403737.5 N, 07315

566
22.1 W; then Southeast to 403737.6 N, 07315 (iv) In an emergency, any vessel may deviate from the regulations
19.1 W; then Southeast to point on shore at 403733.9 N, in this section to the extent necessary to avoid endangering the
0731520.8 W (NAD 83). safety of persons, the environment, and or property. If deviation
from the regulations is necessary, the master or their designee
(2) [Reserved] shall inform the Coast Guard as soon as it is practicable to do so.

(c) Regulations. (c) Waivers.

(1) The general regulations contained in 165.23 and 165.33 of (1) The Captain of the Port Long Island Sound may, upon request,
this part apply. Entering into, remaining within or cause an article waive any regulation in this section.
or thing to enter into or remain within these safety and security
zones is prohibited unless authorized by the Captain of the Port or (2) An application for a waiver must state the need for the waiver
a designated representative. and describe the proposed vessel operations through the
Regulated Navigation Area.
(2) These safety and security zones are closed to all vessel traffic,
except as may be permitted by the Captain of the Port (COTP) or [USCG-2008-0085, 74 FR 57887, Nov. 10, 2009].
a designated representative. Vessel operators given permission
to enter or operate in the security zones must comply with all 165.160 Safety Zones; Fireworks Displays and Swim Events
directions given to them by the COTP or the designated in Coast Guard Captain of the Port New York Zone.
representative. (a) Regulations. The general regulations contained in 33 CFR
165.23 as well as the following regulations apply to the fireworks
(3) The designated representative is any Coast Guard displays and swim events listed in Tables 1 and 2 to 165.160.
commissioned, warrant or petty officer who has been designated These regulations will be enforced for the duration of each event.
by the Captain of the Port to act on his/her behalf. The on-scene Notifications will be made to the local maritime community
representative may be on a Coast Guard vessel, a state or local through the Local Notice to Mariners and Broadcast Notice to
law enforcement vessel, or other designated craft, or may be on Mariners well in advance of the events. If the event does not have
shore and will communicate with vessels via VHF-FM radio or a date listed, then exact dates and times of the enforcement
loudhailer. In addition, members of the Coast Guard Auxiliary may period will be announced through a Notice of Enforcement in the
be present to inform vessel operators of this regulation. Federal Register. Mariners should consult the Federal Register or
their Local Notice to Mariners to remain apprised of schedule or
(4) Vessel operators desiring to enter or operate within the event changes. First Coast Guard District Local Notice to
security zones shall request permission to do so by contacting the Mariners can be found at http://www.navcen.uscg.gov/. The
Captain of the Port Sector Long Island Sound at 203-468-4401, or Captain of the Port Sector New York Marine Events schedule can
via VHF Channel 16. also be viewed electronically at www.homeport.uscg.mil/newyork.
Although listed in the Code of Federal Regulations, sponsors of
[USCG-2008-0384, 77 FR 6961, Feb. 10, 2012] events listed in Tables 1 and 2 to 165.160 are still required to
submit marine event applications in accordance with 33 CFR
165.156 Regulated Navigation Area, East Rockaway Inlet to 100.15.
Atlantic Beach Bridge, Nassau County, Long Island, New
York. (b) Definitions. The following definitions apply to this section:
(a) Location. The following area is a Regulated Navigation Area:
All waters of East Rockaway Inlet in an area bounded by lines (1) Designated representative. A designated representative is
drawn from position 40 34 56 N, 073 45 19 W, any Coast Guard commissioned, warrant or petty officer of the
(approximate position of Silver Point breakwater buoy, LLNR U.S. Coast Guard who has been designated by the Captain of the
31500) running north to a point of land on the northwest side of Port, Sector New York (COTP), to act on his or her behalf. The
the inlet at position 403528 N, 0734612 W, thence designated representative may be on an official patrol vessel or
easterly along the shore to the east side of the Atlantic Beach may be on shore and will communicate with vessels via VHF-FM
Bridge, State Route 878, over East Rockaway Inlet, thence radio or loudhailer. In addition, members of the Coast Guard
across the bridge to the south side of East Rockaway Inlet, Auxiliary may be present to inform vessel operators of this
thence westerly along the shore and across the water to the regulation.
beginning.
(2) Official patrol vessels. Official patrol vessels may consist of
(b) Regulations. any Coast Guard, Coast Guard Auxiliary, state, or local law
enforcement vessels assigned or approved by the COTP.
(1) The general regulations contained in 33 CFR 165.10, 165.11,
and 165.13 apply. (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
(2) In accordance with the general regulations, the following
regulations apply to vessels carrying petroleum products in (b) Vessel operators desiring to enter or operate within the
excess of 250 barrels: regulated areas shall contact the COTP or the designated
representative via VHF channel 16 or (718) 354-4353 (Sector
(i) The vessel must have plans in place to maintain a minimum of New York command center) to obtain permission to do so.
two feet under keel clearance at all times.
(c) Spectators or other vessels shall not anchor, block, loiter, or
(ii) A vessel requiring a nighttime transit through East Rockaway impede the transit of event participants or official patrol vessels in
Inlet may only do so only after receiving approval from the the regulated areas during the effective dates and times, or dates
Captain of the Port Long Island Sound. and times as modified through the Local Notice to Mariners,
unless authorized by COTP or designated representative.
(iii) Vessels are prohibited from transiting East Rockaway Inlet if a
small craft advisory or greater has been issued for the area (d) Upon being hailed by a U.S. Coast Guard vessel or the
unless specific approval is received from the Captain of the Port designated representative, by siren, radio, flashing light or other
Long Island Sound. means, the operator of the vessel shall proceed as directed.
Failure to comply with a lawful direction may result in expulsion
from the area, citation for failure to comply, or both.

567
(e) The COTP or designated representative may delay or This sign will consist of 10 inch high by 1.5 inch wide red lettering
terminate any marine event in this subpart at any time it is on a white background. Shore sites used in these locations will
deemed necessary to ensure the safety of life or property. display a sign labeled FireworksStay Away with the same
dimensions. These zones will be enforced from 6 p.m. (E.S.T.) to
(f) The regulated area for all fireworks displays listed in Table 1 to 1 a.m. (E.S.T.) each day a barge with a FireworksStay Away
165.160 is that area of navigable waters within a 360 yard sign on the port and starboard side is on-scene or a Fireworks
radius of the launch platform or launch site for each fireworks Stay Away sign is posted in a location listed in TABLE 1 to
display, unless otherwise noted in TABLE 1 to 165.160 or 165.160.
modified in USCG First District Local Notice to Mariners at:
http://www.navcen.uscg.gov/. (h) For all swim events listed in Table 2 to 165.160, vessels not
associated with the event shall maintain a separation of at least
(g) Fireworks barges used in these locations will also have a sign 100 yards from the participants.
on their port and starboard side labeled FireworksStay Away.

TABLE 1 TO 165.160

1. A DMC Network Company, Briggs Launch site: A barge located between Federal Anchorages 20-A and 20-B, in approximate
Fireworks, Ellis Island Safety Zone, 33 CFR position 4041'45" N, 07402'09" W (NAD 1983), about 365 yards east of Ellis Island. This
165.160(2.2). Safety Zone is a 360-yard radius from the barge.
Date: September 9, 2013 (Rain Date: September 10, 2013).
Time: 9:15 p.m.-10:30 p.m.
2. Mullen Wedding Fireworks, Pier 90, Hudson Launch site: A barge located in approximate position 4046'11.8" N,
River Safety Zone, 33 CFR 165.160(5.4). 07400'14.8" W (NAD 1983), approximately 375 yards west of Pier 90, Manhattan, New York.
This Safety Zone is a 360-yard radius from the barge.
Date: September 9, 2013.
Time: 9:00 p.m.-10:30 p.m.
3. Waterside Plaza's 40th Anniversary Launch site: A barge launch located in approximate position 4044'24" N, 07358'00" W (NAD
Fireworks, Newtown Creek, East River Safety 1983), approximately 785 yards south of Belmont Island. This Safety zone is a 360-yard.
Zone, 33 CFR 165.160(4.2). Date: September 12, 2013.
Time: 8:15 p.m.-9:30 p.m.

4. Wolfe's Pond Fireworks, South Beach, Launch site: A barge located in approximate position 4035'11" N, 07403'42" W (NAD 1983),
Staten Island Safety Zone, 33 CFR about 350 yards east of South Beach, Staten Island. This Safety Zone is a 360-yard radius from
165.160(2.4). the barge.
Date: September 14, 2013 (Rain Date: September 15, 2013).
Time: 8:30 p.m.-10:00 p.m.
5. Circle Line Sightseeing Yachts NYE Launch site: A barge launch located in approximate position 4041'16.5"N, 07402'23" W (NAD
Fireworks, Liberty Island Safety Zone, 33 CFR 1983), located in Federal Anchorage 20-C, about 360 yards east of Liberty Island. This Safety
165.160(2.1). zone is a 360-yard radius from the barge.
Date: December 31, 2013-January 1, 2014.
Time: 11:30 p.m.-12:40 a.m.

TABLE 2 TO 165.160

1.0 Hudson River

Event Type: Swim Event


Date: The first weekend after the 4th of July.
The following area is a safety zone: All waters of the Hudson River in the vicinity of Ulster
1.1Hudson Valley Triathlon Landing, bound by the following points: 420003.7 N, 0735643.1 W; thence to 415952.5 N,
0735634.2 W thence to 420015.1 N, 0735625.2 W thence to 420005.4 N, 0735641.9
W thence along the shoreline to the point of beginning.
This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

Event Type: Swim Event.


Date: Last weekend in July.
Rain Date: The first weekend in August.
1.2Newburgh Beacon Swim
Location: Participants will cross the Hudson River between Newburgh and Beacon, New York
approximately 1300 yards south of the Newburgh-Beacon Bridges.
This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

Event Type: Swim Event.


Date: 2nd weekend in September.
Location: Participants will cross the Hudson River in the vicinity of Nyack, New York between
1.3Hudson River Swim for Life
Lower Nyack Ledge and Kingsland Point, approximately 200 yards north of the Tappan Zee
Bridge.
This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

Event Type: Swim Event.


Date: 2nd weekend in September.
1.4Toughman Half Triathlon Location: Participants will swim in the vicinity of Croton Point Park, New York between Potato
Rock and Harmon, New York from the shoreline out to 1000 yards.
This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

2.0 East River

Event Type: Swim Event.


Date: 2nd or 3rd weekend in September.
2.1Brooklyn Bridge Swim
Location: Participants will swim between Brooklyn and Manhattan, New York crossing the East
River along the Brooklyn Bridge.

568
This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

3.0 Western Long Island Sound

Event Type: Swim Event.


Date: 4th weekend in July and 2nd weekend in August.
3.1Swim Across America Location: Participants will swim between Glen Cove and Larchmont, New York and an area of
Hempstead Harbor between Glen Cove and the vicinity of Umbrella Point.
This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

4.0 Upper New York Bay, Lower New York Bay

Event Type: Swim Event.


Date: 2nd or 3rd weekend in October.
Location: Participants will swim between Manhattan, New York and the north shore of Sandy
4.1Ederle Swim Hook, New Jersey transiting through the upper New York Bay, under the Verrazano-Narrows
Bridge and across the Lower New York Bay. The route direction is determined by the predicted
tide state and direction of current on the scheduled day of the event.
This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

Event Type: Swim Event


Date: The 2nd weekend in August.
Location: Participants will swim between Manhattan, New York and the shore of Coney Island,
4.2Rose Pitonof Swim New York transiting through the Upper New York Bay, under the Verrazano-Narrows Bridge and
south in the Lower New York Bay. The route direction is determined by the predicted tide state
and direction of current on the scheduled day of the event.
This Safety Zone includes all waters within a 100-yard radius of each participating swimmer.

USCG-2010-1001, 76 FR 69617, Nov. 9, 2011]


position 404554 N 0740025 W (NAD 1983),
165.163 Safety Zones; Port Of New York/New Jersey then east to the northeast corner of Pier 83 where it
Fleet Week. intersects the seawall.
(a) The following areas are established as safety zones:
(ii) Enforcement period. Paragraph (a)(4)(i) of this section
(1) Safety Zone A is enforced annually from 10 a.m. until 5 p.m., from Friday
through Monday, Memorial Day weekend.
(i) Location. A moving safety zone for the Parade of Ships
including all waters 500 yards ahead and astern, and 200 (5) Safety Zone E
yards of each side of the designated column of parade
vessels as it transits the Port of New York and New Jersey (i) Location. A moving safety zone including all waters 500
from the Verrazano Narrows Bridge to Riverside State Park yards ahead and astern, and 200 yards on each side of the
on the Hudson River between West 137th and West 144th departing U.S. Navy Aircraft or Helicopter Carrier as it
Streets, Manhattan.
transits the Port of New York and New Jersey from its
(ii) Enforcement period. Paragraph (a)(1)(i) of this section mooring at the Intrepid Sea, Air and Space Museum,
is enforced annually from 8 a.m. until 5 p.m. on the Manhattan, to the COLREGS Demarcation line at Ambrose
Wednesday before Memorial Day. Channel Entrance Lighted Bell Buoy 2 (LLNR 34805).

(2) Safety Zone B (ii) Enforcement period. Paragraph (a)(5)(i) of this section
is enforced annually on the Wednesday following Memorial
(i) Location. A safety zone including all waters of the Day. Departure time is dependent on tide, weather, and
Hudson River between Piers 83 and 90, Manhattan, from the granting of authority for departure by the Captain of the Port,
parade column east to the Manhattan shoreline. New York.

(ii) Enforcement period. Paragraph (a)(2)(i) of this section (b) Effective period. This section is effective annually from
is enforced annually from 8 a.m. until 5 p.m. on the 8 a.m. on the Wednesday before Memorial Day until 4 p.m.
Wednesday before Memorial Day. on the Wednesday following Memorial Day.

(3) Safety Zone C (c) Regulations.

(i) Location. A moving safety zone including all waters of the (1) The general regulations contained in 33 CFR 165.23
Hudson River within a 200-yard radius of each parade apply.
vessel upon its leaving the parade of ships until it is safely
berthed. (2) All persons and vessels shall comply with the instructions
of the Coast Guard Captain of the Port or the designated on-
(ii) Enforcement period. Paragraph (a)(3)(i) of this section scene-patrol personnel. these personnel comprise
is enforced annually from 8 a.m. until 5 p.m. on the commissioned, warrant, and petty officers of the Coast
Wednesday before Memorial Day. Guard. Upon being hailed by a U. S. Coast Guard vessel by
siren, radio, flashing light, or other means, the operator of a
(4) Safety Zone D vessel shall proceed as directed.

(i) Location. A safety zone including all waters of the [CGD1-98-170, 64 FR 24946, May 10, 1999]
Hudson River bound by the following points: from the
southeast corner of Pier 90, Manhattan, where it intersects 165.164 Security Zones; Dignitary Arrival/Departure
the seawall, west to approximate position 404610 N and United Nations Meetings, New York, NY.
0740013 W (NAD 1983), south to approximate (a) Location. The following areas are security zones:

569
(1) Wall Street Heliport. All waters of the East River within authorized to act in support of the Coast Guard.
the following boundaries: East of a line drawn between
approximate position 404201 N, 0740039 W (east of Dignitary means the President or Vice President of the
The Battery) to 404136 N, 0740052 W (point north of United States, or visiting heads of foreign states or
Governors Island) and north of a line drawn from the point governments.
north of Governors Island to the southwest corner of Pier 7
North, Brooklyn; and south of a line drawn between (c) Regulations. In accordance with the general regulations
404214.8 N, 0740020.3 W (Wall Street, Manhattan), and in 33 CFR 165.33, no person or vessel may enter or move
the northwest corner of Pier 2 North, Brooklyn (NAD 1983). within a security zone created by this section while that
security zone is being enforced unless granted permission to
(2) Randalls and Wards Islands: All waters of the East do so by the Coast Guard's First District Commander, the
River between the Hell Gate Rail Road Bridge (mile 8.2), COTP, or a designated representative. Vessel operators and
and a line drawn from a point at approximate position persons given permission to enter or operate in a security
404727.12 N, 0735435.14 W (Lawrence Point, Queens) zone must comply with all directions given to them by the
to a point at approximate position 404752.55 N, COTP, or a designated representative. Upon being hailed by
0735435.25 W (Port Morris Stacks), and all waters of the a U.S. Coast Guard or other duly authorized law
Bronx Kill southeast of the Bronx Kill Rail Road Bridge (mile enforcement vessel (e.g., New York City police) by siren,
0.6) (NAD 1983). radio, flashing lights, or other means, the operator of a
vessel must proceed as directed, and follow any instructions
(3) Marine Air Terminal, LaGuardia Airport Security to anchor or moor up to a waterfront facility.
Zone: All waters of Bowery Bay, Queens, New York, south
of a line drawn from the western end of LaGuardia Airport at (d) Enforcement periods. The security zone described in
approximate position 404647 N, 0735305 W to the paragraph (a)(4) of this section is subject to enforcement at
Rikers Island Bridge at approximate position 404651 N, all times. All other security zones established by this section
0735321 W and east of a line drawn between the point at will only be enforced when necessary to protect dignitaries
the Rikers Island Bridge to a point on the shore in Queens, as determined by the COTP.
New York, at approximate position 404636 N, 0735331
W (NAD 1983). (e) Notification. Because the security zone described in
paragraph (a)(4) of this section is subject to enforcement at
(4) United Nations Manhattan Shoreline. All waters of the all times, the Coast Guard will not necessarily take any
East River bound by the following points: 404437 N, action to further notify the public about the enforcement of
0735816.5 W (the base of East 35th Street, Manhattan), that zone. As for the enforcement periods for the other
then east to 404434.5 N, 0735810.5 W (about 180 yards security zones contained herein, the Coast Guard will rely on
offshore of Manhattan), then northeasterly to 404529 N, the methods described in 33 CFR 165.7 to notify the public
0735726.5 W (about 125 yards offshore of Manhattan at of the time and duration of any enforcement period. The
the Queensboro Bridge), then northwesterly to 404531 N, COTP may also notify the public about enforcement of these
0735730.5 W (Manhattan shoreline at the Queensboro security zones via http://homeport.uscg.mil/newyork.
Bridge), then southerly along the shoreline to the starting
point at 404437 N, 0735816.5 W (NAD 1983). (f) Contact information. Vessel operators desiring to enter
or operate within a security zone shall telephone the COTP
(5) United Nations West Channel Closure. All waters of at 718-354-4356 or a designated representative via VHF
the East River north of a line drawn from approximate channel 16 to obtain permission to do so.
position 404437 N, 0735816.5 W (the base of East 35th
Street, Manhattan), to approximate position 404431.04 N, [USCG-2013-1009, 79 FR 78308, Dec. 30, 2014]
0735803.10 W (approximately 400 yards east of the
Manhattan shoreline), all waters west of a line drawn from 165.165 Regulated Navigation Area; Hudson River
approximate position 404431.04 N, 0735803.10 W South of the Troy Locks, NY.
(approximately 400 yards east of the Manhattan shoreline), (a) Regulated navigation area. All navigable waters of the
to the southern tip of Roosevelt Island at approximate Hudson River south of the Troy Locks.
position 404457.96 N, 0735741.57 W, then along the
western shoreline of Roosevelt Island to the Queensboro (b) Definitions. The following definitions apply to this section:
Bridge, and all waters south of the Queensboro Bridge (NAD
1983). (1) Designated representative means any Coast Guard
commissioned, warrant, or petty officer, or a Federal, State,
(6) United Nations Full River Closure. All waters of the or local law enforcement officer designated by or assisting
East River north of a line drawn from approximate position the Captain of the Port (COTP) New York.
404437 N, 0735816.5 W (the base of East 35th Street,
Manhattan), to approximate position 404423 N, (2) Horsepower (HP) means the total maximum continuous
0735744.5 W (Hunters Point, Long Island City), and south shaft horsepower of all the vessel's main propulsion
of the Queensboro Bridge (NAD 1983). machinery.

(b) Definitions. (c) Applicability. This section applies to tugs with less than
3,000 horsepower when engaged in towing operations.
As used in this section
(d) Regulations.
Designated representative means any Coast Guard
commissioned, warrant, or petty officer who has been (1) Except as provided in paragraph (c)(3) of this section,
designated by the COTP to act on the COTP's behalf. A vessels less than 3,000 horsepower while engaged in towing
designated representative may be on a Coast Guard vessel, operations are not authorized to transit that portion of the
or onboard a federal, state, or local agency vessel that is Hudson River south of the Troy Locks when ice thickness on

570
average is eight inches or greater. within a particular zone for official business other than
authorized passenger, cargo, provision, facility maintenance
(2) All Coast Guard assets enforcing this Regulated or inspection, bunker transfer operations or authorized
Navigation Area can be contacted on VHF marine band docking or undocking operations may request such
radio, channel 13 or 16. The COTP can be contacted at (718) authorization by contacting: Commander Coast Guard
354-4356, and the public may contact the COTP to suggest Sector New York, via the Sector Command Center (SCC), at:
changes or improvements in the terms of this Regulated 212 Coast Guard Drive, Staten Island, NY 10305, or via fax
Navigation Area. to (718) 354-4125 or by contacting the Sector Command
Center Duty Officer by phone at: (718) 354-4353.
(3) All persons desiring to transit through a portion of the
regulated area that has operating restrictions in effect must (C) Vessels may transit through any portion of the zone that
contact the COTP at telephone number (718) 354-4356 or extends into the navigable channel for the sole purpose of
on VHF channel 13 or 16 to seek permission prior to direct and expeditious transit so long as they remain within
transiting the affected regulated area. the navigable channel, maintain the maximum safe distance
from the Part 105 facility, and do not stop or loiter within the
(4) The COTP will notify the public of any changes in the zone.
status of this Regulated Navigation Area by Marine Safety
Information Broadcast on VHF-FM marine band radio, (4) Liberty and Ellis Islands. All waters within 150 yards of
channel 22A (157.1 MHZ). Liberty Island, Ellis Island, and the bridge between Liberty
State Park and Ellis Island.
[USCG-2010-0794, 76 FR 8656, Feb. 15, 2011]
(5) Bridge Piers and Abutments, Overhead Power Cable
165.169 Safety And Security Zones: New York Marine Towers, Piers and Tunnel Ventilators. All waters within 25
Inspection Zone And Captain Of The Port Zone. yards of any bridge pier or abutment, overhead power cable
(a) Safety and security zones. The following waters within tower, pier or tunnel ventilators south of the Troy, NY Locks.
the New York Marine Inspection Zone and Captain of the Vessels may transit through any portion of the zone that
Port Zone are safety and security zones: extends into the navigable channel for the sole purpose of
direct and expeditious transit through the zone so long as
(1) Indian Point Nuclear Power Station (IPNPS). All waters they remain within the navigable channel, maintain the
of the Hudson River within a 300-yard radius of the IPNPS maximum safe distance from the waterfront facility and do
pier in approximate position 411612.4 N, 07357 not stop or loiter within the zone.
16.2 W (NAD 83).
(6) New York City Passenger Ship Terminal, Hudson
(2) U.S. Coast Guard Cutters and Shore Facilities. All River, NY
waters within 100 yards of: Each moored, or anchored,
Coast Guard Cutter; Coast Guard Station New York, Staten (i) Location. All navigable waters of the Hudson River bound
Island, NY; Coast Guard Station Sandy Hook, NJ; Coast by the following points: From the point 404609 N,
Guard Station Kings Point, NY; and Coast Guard Aids to 0735948.7 W on the seawall midway between Pier 92
Navigation Team New York, Bayonne, NJ. and 94, thence northwest to approximate position 4046
14 N, 074 00 00.9 W, approximately 125 yards
(3) Part 105 Facilities northwest of Pier 92, thence southwest to approximate
position 40 45 56.7 N, 074 00 15.3 W,
(i) Definition. For the purposes of this section, Part 105
approximately 150 yards west of Pier 86, thence east to the
Facility means any facility subject to the regulations
seawall between Pier 84 and Pier 86 at approximate position
contained in 33 CFR part 105, including those designated as
Public Access Facilities as defined in 33 CFR 101.105. For 404549.6 N, 0735958.1 W (NAD 1983), thence
public identification purposes, all of these facilities are northeast along the shoreline to the point of origin.
required to have signs posted along the shoreline, facing the
water, indicating that there is a 25 yard waterfront security (ii) Regulations. Vessels not actively engaged in passenger,
zone surrounding the facilities. cargo, provision, facility maintenance or inspection, bunker
transfer operations, or docking or undocking operations,
(ii) Location. All waters within 25 yards of each Part 105 authorized in advance by the Facility Security Plan, Facility
Facility. When a barge, ferry, or other commercial vessel is Security Officer or designated representative, must not enter
conducting transfer operations at a Part 105 Facility, the 25- within any part of a zone described in paragraph (a)(6) of
yard zone is measured from the outboard side of the this section without the express permission of the Coast
commercial vessel. Guard Captain of the Port, a designated representative or
designated on-scene patrol personnel. Persons seeking
(iii) Regulations. Captain of the Port permission to enter within the zone
described in paragraph (a)(6) of this section for official
(A) Vessels not actively engaged in passenger, cargo, business other than authorized passenger, cargo, provision,
provision, facility maintenance or inspection, bunker transfer facility maintenance or inspection, bunker transfer operations
operations, or docking or undocking operations, authorized or authorized docking or undocking operations may request
in advance by the Facility Security Plan, Facility Security such authorization by contacting: Commander Coast Guard
Officer or designated representative, must not enter within Sector New York, via the Sector Command Center (SCC), at:
any part of a zone described in paragraph (a)(3) of this 212 Coast Guard Drive, Staten Island, NY 10305, or via fax
section without the express permission of the Coast Guard to (718) 354-4125 or by contacting the Sector Command
Captain of the Port, a designated representative or Center Duty Officer by phone at: (718) 354-4353.
designated on-scene patrol personnel.
(7) La Guardia Airport, Bowery and Flushing Bays,
(B) Persons seeking Captain of the Port permission to enter Queens, NY.

571
(i) Location: 200-Yard Zone. All waters of Bowery and (i) Location: Bergen Basin. All waters of Bergen Basin north
Flushing Bays within approximately 200 yards of La Guardia of 403926.4 N.
Airport bound by the following points: Onshore at Steinway,
Queens, in approximate position 404632.1 N, 073 (ii) Location: Thurston Basin. All waters of Thurston Basin
5322.4 W, thence to 404652.8 N, 07353 north of 403821.2 N.
09.3 W, thence to 404654.8 N, 0735254.2 W,
thence to 404659.3 N, 0735251.3 W, thence to (iii) Location: 200-Yard Zone. All waters of Jamaica Bay
404711.8 N, 0735317.3 W, thence to 4047 within approximately 200 yards of John F. Kennedy Airport
bound by the following points: Onshore east of Bergen Basin,
13.0 N, 0735316.1 W on Rikers Island, thence
Queens, in approximate position 403849.0 N, 073
easterly along the Rikers Island shoreline to approximate
position 404712.9 N, 0735217.9 W, thence to 4909.1 W, thence to 403842.5 N, 07349
404716.7 N, 0735209.2 W, thence to 4047 13.2 W, thence to 403800.6 N, 0734735.1 W,
36.1 N, 0735152.5 W, thence to 404735.1 N, thence to 403752.3 N, 0734755.0 W, thence to
0735150.5 W, thence to 404715.9 N, 073 403750.3 N, 0734753.5 W, thence to 4037
5206.4 W, thence to 404714.5 N, 07352 59.4 N, 0734732.6 W, thence to 403746.1 N,
03.1 W, thence to 404710.6 N, 0735206.7 W, 0734707.2 W, thence to 403719.5 N, 073
thence to 404701.9 N, 0735202.4 W, thence to 4730.4 W, thence to 403705.5 N, 07347
404650.4 N, 0735208.1 W, thence to 4046 03.0 W, thence to 403734.7 N, 0734640.6 W,
26.8 N, 0735118.5 W, thence to 404557.2 N, thence to 403720.5 N, 0734623.5 W, thence to
0735101.8 W, thence to 404551.2 N, 073 403705.7 N, 0734634.9 W, thence to 4036
5059.6 W, thence to 404549.5 N, 07351 54.8 N, 0734626.7 W, thence to 403714.1 N,
07.2 W, thence to 404558.8 N, 0735113.2 W, 0734610.8 W, thence to 403736.9 N, 073
thence to 404602.3 N, 0735120.1 W, thence to 4552.8 W, thence to 403800.8 N, 07344
404548.4 N, 0735137.0 W, (NAD 1983) thence 54.9 W, thence to 403805.1 N, 0734500.3 W,
along the shoreline to the point of origin. (NAD 1983) thence along the shoreline to the point of origin.

(ii) Location: 100-Yard Zone. All waters of Bowery and (iv) Location: 100-Yard Zone. All waters of Jamaica Bay
Flushing Bays within approximately 100 yards of La Guardia within approximately 100 yards of John F. Kennedy Airport
Airport bound by the following points: Onshore at Steinway, bound by the following points: Onshore east of Bergen Basin,
Queens, in approximate position 404632.1 N, 073 Queens, in approximate position 403849.0 N, 073
5322.4 W, thence to 404650.6 N, 07353 4909.1 W, thence to 403845.1 N, 07349
07.3 W, thence to 404653.0 N, 0735250.9 W, 11.6 W, thence to 403802.0 N, 0734731.8 W,
thence to 404657.6 N, 0735247.9 W, thence to thence to 403752.3 N, 0734755.0 W, thence to
404711.8 N, 0735317.3 W, thence to 4047 403750.3 N, 0734753.5 W, thence to 4038
13.0 N, 0735316.1 W on Rikers Island, thence 00.8 N, 0734729.4 W, thence to 403747.4 N,
easterly along the Rikers Island shoreline to approximate 0734702.4 W, thence to 403719.9 N, 073
position 404712.9 N, 0735217.9 W, thence to 4725.0 W, thence to 403710.0 N, 07347
404716.7 N, 0735209.2 W, thence to 4047 03.7 W, thence to 403737.7 N, 0734641.2 W,
36.1 N, 0735152.5 W, thence to 404735.1 N, thence to 403722.6 N, 0734621.9 W, thence to
0735150.5 W, thence to 404715.9 N, 073 403705.7 N, 0734634.9 W, thence to 4036
5206.4 W, thence to 404714.5 N, 07352 54.8 N, 0734626.7 W, thence to 403714.1 N,
03.1 W, thence to 404707.9 N, 0735209.2 W, 0734610.8 W, thence to 403740.0 N, 073
thence to 404701.4 N, 0735206.1 W, thence to 4555.6 W, thence to 403802.8 N, 07344
404650.0 N, 0735214.6 W, thence to 4046 57.5 W, thence to 403805.1 N, 0734500.3 W,
22.2 N, 0735116.0 W, thence to 404557.2 N, (NAD 1983) thence along the shoreline to the point of origin.
0735101.8 W, thence to 404552.4 N, 073
(v) Enforcement period. The zones described in
5100.2 W, thence to 404550.6 N, 07351 paragraphs (a)(8) of this section will be effective at all times.
07.9 W, thence to 404558.8 N, 0735113.2 W, When port security conditions permit, the Captain of the Port
thence to 404604.0 N, 0735123.3 W, thence to will allow vessels to operate within that portion of the waters
404551.2 N, 0735138.8 W, (NAD 1983) thence described in paragraph (a)(8)(iii) that lies outside of the
along the shoreline to the point of origin. waters described in paragraph (a)(8)(iv). Authorization to
enter the waters that lie between the outer boundaries of the
(iii) Enforcement period. The zones described in paragraph zones described in paragraphs (a)(8)(iii) and (a)(8)(iv) will be
(a)(7) of this section will be effective at all times. When port communicated by the Captain of the Port to the public by
security conditions permit, the Captain of the Port will allow marine broadcast, local notice to mariners, or notice posted
vessels to operate within that portion of the waters described at http://homeport.uscg.mil/newyork.
in paragraph (a)(7)(i) that lies outside of the waters
described in paragraph (a)(7)(ii). Authorization to enter the (9) NYPD Ammunition Depot, Rodman Neck, Eastchester
waters that lie between the outer boundaries of the zones Bay, NY.
described in paragraphs (a)(7)(i) and (a)(7)(ii) will be
communicated by the Captain of the Port to the public by (i) Location: 150-Yard Zone. All waters of Eastchester Bay
marine broadcast, or local notice to mariners, or notice within approximately 150 yards of Rodman Neck bound by
posted at http://homeport.uscg.mil/newyork. the following points: Onshore in approximate position 40
5130.4 N, 0734814.9 W, thence to 4051
(8) John F. Kennedy Airport, Jamaica Bay, Queens, NY.

572
29.9 N, 0734820.7 W, thence to 405116.9 N, (ii) Enforcement period. Enforcement periods for the zone
0734822.5 W, thence to 405107.5 N, 073 in paragraph (a)(12) of this section will be announced
4818.7 W, thence to 405054.2 N, 07348 through marine information broadcast or other appropriate
method of communication and the zone is activated
11.1 W, thence to 405048.5 N, 0734804.6 W,
whenever a vessel is anchored in the area described in
thence to 405049.2 N, 0734756.5 W, thence to paragraph (a)(12)(i) or a Coast Guard patrol vessel is on-
405103.6 N, 0734747.3 W, thence to 4051 scene.
15.7 N, 0734746.8 W, thence to 405123.5 N,
073 47 41.9 W, (NAD 1983) thence southwesterly (iii) Regulations.
along the shoreline to the point of origin.
(A) The area described in paragraph (a)(12) of this section is
(ii) Location: 100-Yard Zone. All waters of Eastchester Bay not a Federal Anchorage Ground. Only vessels directed by
within approximately 100 yards of Rodman Neck bound by the Captain of the Port or his or her designated
the following points: Onshore in approximate position 40 representative to enter this zone are authorized to anchor
5130.4 N, 0734814.9 W, thence to 4051 here.
30.1 N, 0734819.0 W, thence to 405116.8 N,
(B) Vessels do not need permission from the Captain of the
0734820.5 W, thence to 405107.9 N, 073
Port to transit the area described in paragraph (a)(12) of this
4816.8 W, thence to 405054.9 N, 07348 section during periods when that security zone is not being
09.0 W, thence to 405049.7 N, 0734803.6 W, enforced.
thence to 405050.1 N, 0734757.9 W, thence to
405104.6 N, 0734748.9 W, thence to 4051 (13) Liquefied Hazardous Gas (LHG) Vessels
15.9 N, 0734748.4 W, thence to 405123.5 N,
073 47 41.9 W, (NAD 1983) thence southwesterly (i) Definitions. For the purposes of this section, LHG Vessel
along the shoreline to the point of origin. means any vessel constructed or converted to carry, in bulk,
any of the flammable or toxic products listed in 33 CFR
(iii) Enforcement period. The zones described in paragraph 127.005, Table 127.005.
(a)(9) of this section will be effective at all times. When port
security conditions permit, the Captain of the Port will allow (ii) Location. All waters within a 200-yard radius of any LHG
vessels to operate within that portion of the waters described Vessel that is underway and all waters within a 100-yard
in paragraph (a)(9)(i) that lies outside of the waters radius of any LHG Vessel that is moored or at anchor.
described in paragraph (a)(9)(ii). Authorization to enter the
waters that lie between the outer boundaries of the zones (iii) Enforcement period. The zone described in paragraph
described in paragraphs (a)(9)(i) and (a)(9)(ii) will be (a)(13) of this section will be activated upon entry of a LHG
communicated by the Captain of the Port to the public by Vessel into the navigable waters of the United States (see
marine broadcast, local notice to mariners, or notice posted 33 CFR 2.36(a) to include the 12 NM territorial sea) in the
at http://homeport.uscg.mil/newyork. New York Captain of the Port Zone (33 CFR 3.05-30). The
LHG Vessel will be identifiable by the requirement to fly the
(10) Port Newark/Port Elizabeth, Newark Bay, NJ. All Bravo flag (red international signal flag under Pub. 102,
waters of Newark Bay bound by the following points: 40 International Code of Signals) from the outermost halyard
(above the pilot house) where it can most easily be seen. In
4149.9 N, 0740732.2 W, thence to 4041
addition to visual identification of the LHG Vessel, the
46.5 N, 0740720.4 W, thence to 404110.7 N, Captain of the Port will notify the maritime community of
0740745.9 W, thence to 404054.3 N, 074 periods during which this zone will be enforced by methods
0755.7 W, thence to 404036.2 N, 07408 in accordance with 33 CFR 165.7.
03.8 W, thence to 404029.1 N, 0740806.3 W,
thence to 404021.9 N, 0740810.0 W, thence to (14) Cruise ships
403927.9 N, 0740843.6 W, thence to 4039
21.5 N, 0740850.1 W, thence to 403921.5 N, (i) Definition. For the purposes of this section, cruise ship
means a passenger vessel as defined in 46 U.S.C. 2101(22),
0740954.3 W, (NAD 1983) thence northerly along the
that is authorized to carry more than 400 passengers and is
shoreline to the point of origin. 200 or more feet in length. A cruise ship under this section
will also include ferries as defined in 46 CFR 2.10-25 that
(11) Global Marine Terminal, Upper New York Bay. All are authorized to carry more than 400 passengers and are
waters of Upper New York Bay between the Global Marine 200 feet or more in length.
and Military Ocean Terminals, west of the New Jersey
Pierhead Channel. (ii) Location. All waters within a 100-yard radius of any
Cruise ship whether underway, anchored, or at berth.
(12) Approaches to New York, Atlantic Ocean
(iii) Enforcement period. The zone described in paragraph
(i) Location: All waters of the Atlantic Ocean between the (a)(14) of this section will be activated upon entry of any
Ambrose to Hudson Canyon Traffic Lane and the Barnegat cruise ship into the navigable waters of the United States
to Ambrose Traffic Lane bound by the following points: 40 (see 33 CFR 2.36(a) to include the 12 NM territorial sea) in
2129.9 N, 0734441.0 W, thence to 4021 the New York Captain of the Port Zone (33 CFR 3.05-30).
04.5 N, 0734531.4 W, thence to 401528.3 N, This zone will remain activated at all times while the cruise
0734413.8 W, thence to 401535.4 N, 073 ship is within the navigable waters of the United States in the
4329.8 W, thence to 401921.2 N, 07342 New York Captain of the Port Zone.
53.0 W, (NAD 1983) thence to the point of origin.
(15) Designated Vessels

573
(i) Definition. For the purposes of this section, Designated (17) Waterfront heliports
Vessels are vessels carrying government officials, dignitaries,
or other passengers requiring protection by the U.S. Secret (i) Location. All waters of the East River within 25 yards of
Service, or other Federal, State or local law enforcement the East 34th Street and Wall Street Heliports, and all waters
agency; barges or ships carrying petroleum products, of the Hudson River within 25 yards of the West 30th Street
chemicals, or other hazardous cargo; and passenger vessels Heliport and the Jersey City/Newport Helistop, areas of land
(as defined in 46 U.S.C. 2101(22)), that are authorized to or water under and in immediate proximity to them; buildings
carry more than 400 passengers and are less than 200 feet on such structures or contiguous to them; and equipment
in length. and materials on such structures and in such buildings.
When a barge, ferry, or other commercial vessel is
(ii) Location. All waters within a 100-yard radius of any conducting transfer operations at a waterfront heliport, the
Designated Vessel. 25-yard zone is measured from the outboard side of the
commercial vessel.
(iii) Enforcement period. The zone described in paragraph
(a)(15) of this section will be activated upon entry of any (ii) Regulations.
Designated Vessel into the navigable waters of the United
States (see 33 CFR 2.36(a) to include the 12 NM territorial (A) Vessels not actively engaged in passenger, cargo,
sea) in the New York Captain of the Port Zone (33 CFR provision, facility maintenance or inspection, bunker transfer
3.05-30). This zone will remain activated at all times while operations, or docking or undocking operations, authorized
the Designated Vessel is within the navigable waters of the in advance by the Facility Security Plan, Facility Security
United States in the New York Captain of the Port Zone. The Officer or designated representative, must not enter within
Designated Vessels, including ships and barges carrying any part of a zone described in paragraph (a)(17) of this
petroleum products, chemicals, or other hazardous cargo will section without the express permission of the Coast Guard
be recognized by the requirement to fly the Bravo flag (red Captain of the Port, a designated representative, or
international signal flag under Pub 102, International Code of designated on-scene patrol personnel.
Signals from the outermost halyard (above the pilot house)
where it can most easily be seen. Vessels that are (B) Persons seeking Captain of the Port permission to enter
constrained by their draft from leaving the channel may within a particular zone for official business other than
transit through the zone for the sole purpose of direct and authorized passenger, cargo, provision, facility maintenance
expeditious transit so long as they remain within the or inspection, bunker transfer operations or authorized
navigable channel, maintain the maximum possible safe docking or undocking operations may request such
distance from the Designated Vessel, and do not stop or authorization by contacting: Commander Coast Guard
loiter within the zone. Designated Vessels carrying Sector New York, via the Sector Command Center (SCC), at:
government officials, dignitaries, or other passengers 212 Coast Guard Drive, Staten Island, NY 10305, or via fax
requiring protection, and passenger vessels authorized to to (718) 354-4125 or by contacting the Sector Command
carry more than 400 passengers and are less than 200 feet Center Duty Officer by phone at: (718) 354-4353.
in length will be recognizable by their being escorted by a
federal, state or local law enforcement or security vessel. (C) Vessels entering or departing the marina north of the
The law enforcement or security vessel will be identifiable by Newport Helistop are authorized to transit through the
flashing light, siren, flags, markings and/or through other safety/security zone around the Newport Helistop during
means that clearly identify the vessel as engaged in law their transit, provided that helicopters are not taking off or
enforcement or security operations. landing. No loitering or unnecessary delay is authorized
during these transits.
(16) 134th Street Pipeline Metering and Regulating
Station (b) Regulations.

(i) Location. All waters of the Hudson River within 25 yards (1) Entry into or remaining in a safety or security zone is
of the 134th Street Pipeline Metering and Regulating Station. prohibited unless authorized by the Coast Guard Captain of
the Port, New York.
(ii) Regulations.
(2) Persons desiring to transit the area of a safety or security
(A) Vessels not actively engaged in facility maintenance or zone may contact the Captain of the Port at telephone
inspection operations authorized in advance by the Pipeline number 718-354-4088 or on VHF channel 14 (156.7 MHz) or
Security Officer or designated representative, or authorized VHF channel 16 (156.8 MHz) to seek permission to transit
docking or undocking operations, must not enter within any the area. If permission is granted, all persons and vessels
part of a zone described in paragraph (a)(16) of this section must comply with the instructions of the Captain of the Port
without the express permission of the Coast Guard Captain or his or her designated representative.
of the Port, a designated representative or designated on-
scene patrol personnel. [CGD01-02-132, 68 FR 2890, Jan. 22, 2003, as amended by
CGD01-03-036, 69 FR 2670, Jan. 20, 2004; CGD01-03-020,
(B) Persons seeking Captain of the Port permission to enter 69 FR 23306, June 15, 2004; USCG-2008-0179, 73 FR
within a particular zone for official business other than 35017, June 19, 2008; USCG-2007-0074, 74 FR 7191, Feb.
authorized passenger, cargo, provision, facility maintenance 13, 2009]
or inspection, bunker transfer operations or authorized
docking or undocking operations may request such 165.170 Safety Zone; Military Munitions Recovery,
authorization by contacting: Commander Coast Guard Raritan River, Raritan, NJ.
Sector New York, via the Sector Command Center (SCC), at: (a) Location. The following area is a safety zone: All
212 Coast Guard Drive, Staten Island, NY 10305, or via fax navigable waters of the Raritan River upstream of the Perth
to (718) 354-4125 or by contacting the Sector Command Amboy Railroad Bridge, which spans the waterway at
Center Duty Officer by phone at: (718) 354-4353. approximately 4029'46.3" N, 7416'51.5" W.

574
(b) Definitions. The following definitions apply to this section: York Command Center via VHF Channel 16 or by phone at
(718) 354-4353 to request permission.
(1) "Designated representative" means any U.S. Army
Corps of Engineers personnel, any commissioned, warrant, (5) Vessel operators given permission to enter or operate in
or petty officer of the U.S. Coast Guard, and any member of the safety zone must comply with all directions given to them
the Coast Guard Auxiliary who has been designated by the by the COTP New York or the on-scene representative.
Captain of the Port New York (COTP), to act on his or her
behalf. As a designated representative, the U.S. Army Corps [USCG-2010-1091, 76 FR 31234, May 31, 2011]
of Engineers official patrol vessel will communicate with
vessels via VHF-FM radio or loudhailer. 165.T01-0174 Regulated Navigation Areas and Safety
Zone Tappan Zee Bridge Construction Project, Hudson
(2) "Official patrol vessel" means any Coast Guard, Coast River; South Nyack and Tarrytown, NY.
Guard Auxiliary, Army Corp of Engineers, state, or local law (a) Regulated Navigation Area Boundaries. The following
enforcement vessels assigned or approved by the COTP. are regulated navigation areas:

(c) Regulations. (1) Western RNA: all waters bound by the following
approximate positions: 4104'39.16" N, 07355'00.68" W on
(1) The general regulations in 33 CFR 165.23 apply. the western shoreline; thence to 4104'28.34" N,
07354'47.18" W; thence to 4104'11.28" N, 07354'48.00"
(2) Entry, transit, diving, dredging, dumping, fishing, trawling, W; thence to 4103'57.26" N, 07354'40.73" W; thence to
conducting salvage operations, remaining or anchoring 4103'57.36" N, 07354'47.38" W; thence to 4103'58.66" N,
within the safety zone described in paragraph (a) of this 07354'56.14" W; thence to 4104'03.00" N, 07355'07.60"
section is prohibited unless authorized by the COTP. W; thence to a point on the western shoreline at
4104'06.69" N, 07355'14.10" W; thence northerly along the
(3) Upon being hailed by a U.S. Coast Guard vessel, U.S. shoreline to the point of origin (NAD 83).
Army Corps of Engineers vessel or a designated
representative, by siren, radio, flashing light, or other means, (2) Eastern RNA: all waters bound by the following
the operator of a vessel shall proceed as directed. approximate positions: 4104'21.96" N, 07352'03.25" W on
the eastern shoreline; thence to 4104'26.27" N,
(4) Vessel operators desiring to enter, transit, dive, dredge, 07352'19.82" W; thence to 4104'26.53" N, 07353'20.07"
dump, fish, trawl, conduct salvage operations, remain within W; thence to 4103'56.92" N, 07353'18.84" W; thence to
or anchor within the safety zone must contact the COTP or a 4103'56.69" N, 07352'24.75" W; thence to a point on the
designated representative via VHF channel 16 or by phone eastern shoreline at 4103'46.91" N, 07352'05.89" W;
at (718) 354-4353 (Sector New York Command Center) to thence northerly along the shoreline to the point of origin
request permission. (NAD 83).

(5) Vessel operators given permission to enter or operate in (b) Safety Zone Boundaries. The following is a Safety Zone:
the safety zone must comply with all directions given to them all waters bound by the following approximate positions:
by the COTP or a designated representative. 4104'59.70" N, 07354'45.54" W; thence to 4105'00.18" N,
07353'21.48" W; thence to 4103'09.24" N, 07353'16.86"
[FR Doc. 2014-08247 Filed 4-11-14; 8:45 am] W; thence to 4103'07.08" N, 07354'14.70" W; thence to
4104'11.28" N, 07354'48.00" W; thence to the point of
165.172 Safety Zone; Underwater Hazard, Gravesend origin (NAD 83).
Bay, Brooklyn, NY.
(a) Location. The following area is a safety zone: All (c) Regulations.
navigable waters of Gravesend Bay within a 110-yard radius
of a point in position 403630 N, 0740214 W (1) The general regulations contained in 33 CFR 165.10,
(NAD 83), approximately 70-yards southeast of the 165.11, and 165.13, 165.20 and 165.23 apply.
Verrazano Bridge Brooklyn tower.
(2) Any vessel transiting through the Western RNA must
(b) Regulations. make a direct and expeditious passage. No vessel may stop,
moor, anchor or loiter within the RNA at any time unless they
(1) The general regulations contained in 33 CFR 165.23 are working on the bridge construction operations.
apply.
(3) Any vessel transiting through the Eastern RNA must
(2) Entering into, transiting through, diving, dredging, make a direct and expeditious passage. No vessel may stop,
dumping, fishing, trawling, conducting salvage operations, moor, anchor or loiter within the RNA at any time unless they
remaining within or anchoring within this safety zone is are working on the bridge construction operations or they are
prohibited unless authorized by the Captain of the Port transiting to, or from, the special anchorage area codified in
(COTP) New York or the designated on-scene 33 CFR 110.60(c)(8) located on the eastern shoreline at
representative. Tarrytown, NY and within the boundaries of the RNA.

(3) The designated on-scene representative is any (4) Entry and movement within the Eastern RNA or Western
Coast Guard commissioned, warrant, or petty officer who RNA is subject to a "Slow-No Wake" speed limit. All vessels
has been designated by the COTP New York. may not produce a wake and may not attain speeds greater
than five knots unless a higher minimum speed is necessary
(4) Vessel operators desiring to enter or operate within the to maintain steerageway. All vessels must proceed through
safety zone may contact the COTP New York or the the Eastern RNA and Western RNA with caution and
designated representative at the Coast Guard Sector New operate in such a manner as to produce no wake.

575
(5) Entry into, anchoring, loitering, or movement within the (b) Regulations.
Safety Zone is prohibited unless the vessel is working on the
bridge construction operations or authorized by the Captain (1) The general regulations contained in 33 CFR 165.11 and
of the Port New York (COTP) or his designated 165.13 apply within the RNA.
representative.
(2) In accordance with the general regulations, entry into or
(6) All persons and vessels must comply with all orders and movement within this RNA, during periods of enforcement, is
directions from the COTP or the COTP's designated prohibited unless authorized by the First District Commander
representative. The "designated representative" of the COTP or the Captain of the Port Sector Northern New England
is any Coast Guard commissioned, warrant or petty officer (COTP).
who has been designated by the COTP to act on the COTP's
behalf. The designated representative may be on a Coast (3) Persons and vessels may request permission to enter the
Guard vessel or New York State Police, Westchester County RNA during periods of enforcement by contacting the COTP
Police, Rockland County Police, or other designated craft; or or the COTP's on-scene representative on VHF-16 or via
may be on shore and will communicate with vessels via
phone at (207) 767-0303.
VHF-FM radio or loudhailer. Members of the Coast Guard
Auxiliary may be present to inform vessel operators of this (4) During periods of enforcement, a speed limit of five knots
regulation.
will be in effect within the RNA and all vessels must proceed
(7) Upon being hailed by a Coast Guard vessel by siren, through the area with caution and operate in such a manner
radio, flashing light or other means, the operator of the as to produce no wake unless a higher minimum speed is
vessel must proceed as directed. necessary to maintain steering.

(8) For the purpose of this regulation, the Federal navigation (5) Vessels permitted to enter the RNA during periods of
channel, located in the Eastern RNA is marked by the red enforcement must comply with all directions given to them by
and green navigation lights on the existing Tappan Zee the First District Commander, COTP, or the COTP's on-
Bridge, and the New NY Bridge. As the project progresses, scene representative. The "on-scene representative" of the
the Federal navigation channel will be intermittently closed, COTP is any Coast Guard commissioned, warrant or petty
or partially restricted, to all vessel transits. While the Federal officer who has been designated by the COTP to act on the
navigation channel is closed, vessels that can safely COTP's behalf. The on-scene representative may be on a
navigate outside the Federal navigation channel would still Coast Guard vessel; Maine State Police, Maine Marine
be able to transit through the Eastern RNA. These closures Patrol or other designated craft; or may be on shore and
or partial restrictions are tentatively scheduled to take place communicating with vessels via VHF-FM radio or loudhailer.
between March 2015 and October 2016. The COTP will
Members of the Coast Guard Auxiliary may be present to
cause a notice of the channel closure or restrictions by
inform vessel operators of this regulation.
appropriate means to the affected segments of the public.
Such means of notification may include, but are not limited to,
(6) All other relevant regulations, including but not limited to
Broadcast Notice to Mariners and Local Notice to Mariners.
the Rules of the Road (33 CFR chapter I, subchapter E)
(9) Notwithstanding anything contained in this section, the remain in effect within the regulated area and must be strictly
Rules of the Road (33 CFR part 84-Subchapter E, inland followed at all times.
navigational rules) are still in effect and must be strictly
adhered to at all times. (c) Effective and enforcement period. This regulation is
effective and enforceable 24 hours a day from 12:01 a.m. on
(d) Enforcement periods. This regulation will be enforced September 19, 2014, until 11:59 p.m. on April 30, 2017.
24 hours a day from 5:00 a.m. on July 3, 2014 until 11:59
p.m. on December 31, 2018. (1) Prior to commencing or suspending enforcement of this
regulation, the COTP will give notice by appropriate means
(1) Notice of suspension of enforcement: If enforcement is to inform the affected segments of the public, to include
suspended, the COTP will cause a notice of the suspension dates and times. Such means of notification will include, but
of enforcement by appropriate means to the affected are not limited to, Broadcast Notice to Mariners, Local Notice
segments of the public. Such means of notification may to Mariners, and other means described in 33 CFR 165.7.
include, but are not limited to, Broadcast Notice to Mariners
and Local Notice to Mariners. Such notification will include (2) Violations of this RNA may be reported to the COTP at
the date and time that enforcement will be suspended as (207) 767-0303 or on VHF-Channel 16.
well as the date and time that enforcement will resume.
[FR Doc. 2014-24080 Filed 10-7-14; 8:45 am]
(2) Violations of this regulation may be reported to the COTP
at 718-354-4353 or on VHF-Channel 16. 165.T01-0215 Regulated Navigation Area; Bridge 1
Structural Repairs at Portsmouth Naval Shipyard, Kittery,
[FR Doc. 2014-17600 Filed 7-24-14; 8:45 am] ME.
165.T01-0214 Regulated Navigation Area; South Bristol (a) Location. The following area is a Regulated Navigation
Gut Bridge Replacement, South Bristol, ME. Area (RNA): All navigable waters of Piscataqua River
between Kittery, ME and Seavey Island, ME, from surface to
(a) Location. The following area is a Regulated Navigation
bottom, within a 300 yard radius of position 4305'06" N,
Area (RNA): All navigable waters of The Gut in South Bristol,
07044'29" W.
ME, from surface to bottom, within a 300 yard radius of
position 4351'43" N, 06933'30" W. (b) Regulations.

576
(1) The general regulations contained in 33 CFR 165.10, (3) Persons and vessels may request permission to enter the
165.11, and 165.13 apply within the RNA. RNA during periods of enforcement by contacting the COTP
or the COTP's on-scene representative on VHF-16 or via
(2) Any vessel transiting through the RNA must make a phone at 207-767-0303.
direct passage. No vessel may stop, moor, anchor or loiter
within the RNA at any time unless they are working on the (4) During periods of enforcement, a speed limit of six (6)
bridge construction. Movement within the RNA is subject to a knots will be in effect within the regulated area. All vessels
"Slow-No Wake" speed limit. All vessels may not produce a must proceed through the area with caution and operate in
wake and may not attain speeds greater than five (5) knots such a manner as to produce no wake.
unless a higher minimum speed is necessary to maintain
(5) Vessels must comply with all directions given to them by
steering. the COTP or the COTP's on-scene representative. The "on-
scene representative" of the COTP is any Coast Guard
(3) There may be times that the First District Commander or
commissioned, warrant or petty officer who has been
the Captain of the Port (COTP) finds it necessary to close designated by the COTP to act on the COTP's behalf. The
the RNA to vessel traffic. During times of limited closure, on-scene representative may be on a Coast Guard vessel;
persons and vessels may request permission to enter the Maine State Police, Maine Marine Patrol or other designated
RNA by contacting the COTP or the COTP's on-scene craft; or may be on shore and communicating with vessels
representative on VHF-16 or via phone at 207-767-0303. via VHF-FM radio or loudhailer. Members of the Coast
Guard Auxiliary may be present to inform vessel operators of
(4) Any vessels transiting in the RNA must comply with all this regulation.
directions given to them by the COTP or the COTP's on-
scene representative. The "on-scene representative" of the (6) Upon being hailed by a U.S. Coast Guard vessel by siren,
COTP is any Coast Guard commissioned, warrant or petty radio, flashing light or other means, the operator of the
officer who has been designated by the COTP to act on the vessel must proceed as directed.
COTP's behalf. The on-scene representative may be on a
Coast Guard vessel; Maine State Police, Maine Marine (7) All other relevant regulations, including but not limited to
Patrol or other designated craft; or may be on shore and the Rules of the Road (33 CFR part 84-Subchapter E, Inland
Navigational Rules) remain in effect within the regulated
communicating with vessels via VHF-FM radio or loudhailer.
area and must be strictly followed at all times.
Members of the Coast Guard Auxiliary may be present to
inform vessel operators of this regulation. (c) Enforcement Period. This regulation is enforceable 24
hours a day from 5:00 a.m. on September 1, 2013 until
(5) All other relevant regulations, including but not limited to 11:59 p.m. on December 31, 2016.
the Rules of the Road, as codified in 33 CFR Subchapter E,
Inland Navigational Rules, remain in effect within the RNA (1) Prior to commencing or suspending enforcement of this
and must be strictly followed at all times. regulation, the COTP will give notice by appropriate means
to inform the affected segments of the public, to include
(c) Enforcement Period. This regulation is enforceable 24 dates and times. Such means of notification will include
hours a day from 12:01 a.m. on October 1, 2014 until 11:59 constructive notice by publication in the Federal Register,
p.m. on April 30, 2017. actual notice, as well as Broadcast Notice to Mariners and
Local Notice to Mariners.
(d) Notification. The Coast Guard will rely on the methods
described in 33 CFR 165.7 to notify the public of the time (2) Violations of this RNA may be reported to the COTP at
and duration of any closure of the RNA. Violations of this 207-767-0303 or on VHF-Channel 16.
RNA may be reported to the COTP at 207-767-0303 or on
VHF-Channel 16. [FR Doc. 2013-21180 Filed 8-29-13; 8:45 am]

[FR Doc. 2014-24771 Filed 10-16-14; 8:45 am] 165.T01-0471 Safety Zone; Belt Parkway Bridge
Construction, Gerritsen Inlet, Brooklyn, NY.
165.T01-0329 Regulated Navigation Area; Maine
Kennebec Bridge Construction and Removal, Kennebec (a) Location. The following area is a safety zone: All
River, Richmond, ME. navigable waters of Gerritsen Inlet: Southeast of a line from
(a) Location. The following area is a Regulated Navigation 4035'09.46" N, 07354'53.92" W to 4035'10.0" N,
Area (RNA): All navigable waters, surface to bottom, on the 07354'44.5" W and Northwest of a line from 4035'04.88" N,
Kennebec River within a 300 yard radius of position 07354'45.43" W to 4035'10.34" N, 07354'35.71" W (NAD
4405'27" N, 06946'57" W in the vicinity of the Maine 83).
Kennebec River Bridge between Richmond, ME and
Dresden, ME. (b) Definitions. The following definitions apply to this section:

(b) Regulations. (1) Designated Representative. A "designated


representative" is any Coast Guard commissioned, warrant
(1) The general regulations contained in 33 CFR 165.11 and or petty officer of the U.S. Coast Guard who has been
165.13 apply within the RNA. designated by the Captain of the Port New York (COTP), to
act on his or her behalf. The designated representative may
(2) In accordance with the general regulations, entry into or be on an official patrol vessel or may be on shore and will
movement within this zone, during periods of enforcement, is communicate with vessels via VHF-FM radio or loudhailer. In
prohibited unless authorized by the COTP Sector Northern addition, members of the Coast Guard Auxiliary may be
New England. present to inform vessel operators of this regulation.

577
(2) Official Patrol Vessels. Official patrol vessels may directions given to them by the COTP or the COTP's on-
consist of any Coast Guard, Coast Guard Auxiliary, state, or scene representative. The "on-scene representative" of the
local law enforcement vessels assigned or approved by the COTP is any Coast Guard commissioned, warrant or petty
COTP. officer who has been designated by the COTP to act on the
COTP's behalf. The on-scene representative may be on a
(c) Enforcement Periods. Coast Guard vessel; or other designated craft; or on shore
and communicating with vessels via VHF-FM radio or
(1) This regulation is enforceable 24 hours a day from April loudhailer. Members of the Coast Guard Auxiliary may be
30, 2014 through September 30, 2017. present to inform vessel operators of this regulation.

(2) Prior to commencing or suspending enforcement of this (5) All other relevant regulations, including but not limited to
regulation, the COTP and designated on-scene patrol the Rules of the Road, as codified in 33 CFR subchapter E,
personnel will notify the public whenever the regulation is Inland Navigational Rules, remain in effect within the RNA
being enforced and whenever enforcement is lifted, to and must be strictly followed at all times.
include dates and times. The means of notification will
include, but are not limited to, Broadcast Notice to Mariners (c) Enforcement period. This regulation is enforceable 24
and Local Notice to Mariners, Marine Safety Information hours a day from 12:01 a.m. on December 31, 2014 until
Bulletins, or other appropriate means. 11:59 p.m. on May 31, 2019.

(d) Regulations. (d) Notification. The Coast Guard will rely on the methods
described in 165.7 to notify the public of the time and
(1) The general regulations contained in 33 CFR 165.23, as duration of any closure of the RNA. Violations of this RNA
well as the following regulations, apply. may be reported to the COTP at 207-767-0303 or on VHF-
Channel 16.
(2) During periods of enforcement, all persons and vessels
must comply with all orders and directions from the COTP or [FR Doc. 2015-00182 Filed 1-8-15; 8:45 am]
a COTP's designated representative.
165.T01-0876 Regulated Navigation Area-Weymouth
(3) During periods of enforcement, upon being hailed by a Fore River, Fore River Bridge Construction, Weymouth
U.S. Coast Guard vessel by siren, radio, flashing light, or and Quincy, MA.
other means, the operator of the vessel must proceed as (a) Location. The following is a regulated navigation area:
directed. all U.S. navigable waters surrounding the Weymouth Fore
River bridge (Mile 3.5), between Weymouth and Quincy, MA;
[FR Doc. 2014-10749 Filed 5-9-14; 8:45 am] from surface to bottom, within the following points (NAD 83):
from a line extending from 4214'46.392" N, 07058'2.964"
165.T01-0554 Regulated Navigation Area; Sarah W, thence along a line 120T to 4214'44.376" N,
Mildred Long Bridge Replacement, Portsmouth, NH. 07057'52.992" W, thence south along the shoreline to
(a) Location. The following area is a Regulated Navigation 4214'35.052" N, 07057'59.364" W, thence along a line
Area (RNA): All navigable waters of the Piscataqua River 291T to 4214'38.58" N, 07058'15.348" W, thence north
between Portsmouth, NH and Kittery, ME, from surface to along the shoreline to the first point.
bottom, within a 300 yard radius of position 4305'10" N,
07045'38" W (NAD 83), center point of the existing Sarah (b) Effective and Enforcement Periods. This rule is
Mildred Long Bridge. effective from October 28, 2013 until December 31, 2017.
This RNA will be enforced intermittently, depending on risks
(b) Regulations. posed by the ongoing construction project. Periods of
enforcement will be published in the Federal Register via a
(1) The general regulations contained in 165.10, 165.11, Notice of Enforcement and may be publicized via Local
and 165.13 apply within the RNA. Notice to Mariners or Broadcast Notice to Mariners.

(2) Any vessel transiting through the RNA must make a (c) Regulations.
direct passage. No vessel may stop, moor, anchor or loiter
within the RNA at any time unless they are working on the (1) The general regulations contained in 33 CFR 165.10,
bridge construction. Movement within the RNA is subject to a 165.11, and 165.13 apply
"Slow-No Wake" speed limit. All vessels may not produce a .
wake and may not attain speeds greater than five (5) knots (2) In accordance with the general regulations, entry into,
unless a higher minimum speed is necessary to maintain anchoring, or movement within the RNA, during periods of
bare steerageway. enforcement, is prohibited unless authorized by the First
District Commander, the Captain of the Port Boston (COTP),
(3) There may be times that the First District Commander or or the COTP's designated representative.
the Captain of the Port (COTP) finds it necessary to close
the RNA to vessel traffic. All closures will be limited to (3) During periods of enforcement, entry and movement
specific hours of the day. Mariners will be advised of all within the RNA is subject to a "Slow-No Wake" speed limit.
closure dates and times via Local Notice to Mariners and Vessels within the RNA may not produce more than a
Broadcast Notice to Mariners in advance of closure times. minimum wake and may not attain speeds greater than three
During times of limited closure, persons and vessels may knots unless a higher minimum speed is necessary to
request permission to enter the RNA by contacting the maintain steerageway when traveling with a strong current.
COTP or the COTP's on-scene representative on VHF-16 or In no case may the wake produced by a vessel within the
via phone at 207-767-0303. RNA be such that it creates a danger of injury to persons or
damage to vessels or structures of any kind.
(4) Any vessels transiting in the RNA must comply with all

578
(4) During periods of enforcement, all persons and vessels or the COTP's designated representatives.
permitted to operate within the RNA must comply with all
orders and directions from the First District Commander, the (3) Any person or vessel permitted to enter the security zone
COTP, or the COTP's designated representative. shall comply with the directions and orders of the COTP or
the COTP's representatives. Upon being hailed by a U.S.
(5) During periods of enforcement, all persons and vessels Coast Guard vessel by siren, radio, flashing lights, or other
permitted to operate within the RNA must proceed as means, the operator of a vessel within the zone shall
directed when hailed by a Coast Guard vessel by siren, radio, proceed as directed. Any person or vessel within the security
flashing light or other means. zone shall exit the zone when directed by the COTP or the
COTP's representatives.
(6) Vessel operators desiring to enter or operate within the
RNA during an enforcement period shall contact the COTP
(4) To obtain permissions required by this regulation,
or the designated on-scene representative via VHF channel
individuals may reach the COTP or a COTP representative
16 or 617-223-3201 (Sector Boston command Center) to
obtain permission.
via VHF channel 16 or 617-223-5757 (Sector Boston
Command Center) to obtain permission.
(7) Notwithstanding anything contained in this rule, the Rules
of the Road (33 CFR part 84-Subchapter E, inland
(5) Penalties. Those who violate this section are subject to
navigational rules) are still in effect and must be strictly
adhered to at all times. the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.

(c) Effective and Enforcement Period. This rule is effective


[FR Doc. 2013-23523 Filed 9-25-13; 8:45 am]
and will be enforced with actual notice starting 12:01 a.m. on
165.T01-1055 Security Zone, John Joseph Moakley Monday, January 5, 2015 to 11:59 p.m. December 31, 2015.
United States Courthouse, Boston, MA.
(d) Notification. Coast Guard Sector Boston will give actual
(a) Location. This security zone encompasses all U.S. notice to mariners for the purpose of enforcement of this
navigable waters, from surface to bottom, within five hundred temporary security zone. Also, Sector Boston will notify the
(500) yards of the John Joseph Moakley United States public to the greatest extent possible of any period in which
Courthouse (Moakley Courthouse) in Boston, MA, and the Coast Guard will suspend enforcement of this security
following any natural waterside seawall configuration zone.
enclosed by a line connecting the following points:
(e) COTP Representative. The COTP's representative may
------------------------------------------------------------------------ be any Coast Guard commissioned, warrant, or petty officer
or any Federal, state, or local law enforcement officer who
Latitude Longitude
has been designated by the COTP to act on the COTP's
------------------------------------------------------------------------ behalf. The COTP's representative may be on a Coast
Guard vessel, a Coast Guard Auxiliary vessel, a state or
4221'15" N 7102'54" W; Bounded by the curvature of the seawall, thence to local law enforcement vessel, or a location on shore.
4221'13" N 7102'27" W; thence to
[FR Doc. 2015-00327 Filed 1-14-15; 8:45 am]
4221'25" N 7102'17" W; thence to
165.T01-1063 Regulated Navigation Area; Arthur Kill,
4221'32" N 7102'54" W; Bounded by the curvature of the seawall, thence to NY and NJ.
(a) Location. The following area is a Regulated Navigation
4221'18" N 7103'01" W; thence to point of origin.
Area (RNA): All navigable waters from Port Ivory to Grasselli
------------------------------------------------------------------------ High Wires north of Pralls Island in the Arthur Kill; bounded
in the northeast by a line drawn from position 4038'43.260"
N, 07410'47.208" W; to a point in position 4038'52.152" N,
(b) Regulations. While this security zone is being enforced, 07410'47.748" W; and bounded in the southwest by a line
the following regulations, along with those contained in 33 drawn from position 4037'8.940" N, 07412'19.116" W; to a
CFR 165.33, apply: point in position 4037'03.252" N, 07412'02.052" W. All
geographic coordinates are North American Datum of 1983
(1) No person or vessel may enter or remain in this security (NAD 83).
zone without the permission of the Captain of the Port
(COTP), Sector Boston. However, the COTP hereby grants (b) Regulations.
vessels permission to enter this security zone as long as
(1) The general regulations contained in 33 CFR 165.10,
such vessels remain beyond one hundred (100) yards of the
165.11, and 165.13 apply within the RNA.
Moakley Courthouse and as long as such vessels proceed
through the area with caution and operate at a speed no (2) Any vessel transiting through the RNA must make a
faster than that speed necessary to maintain a safe course, direct passage. No vessel may stop, moor, anchor or loiter
unless otherwise required by the Navigation Rules. within the RNA at any time unless they are working on the
bridge construction. Movement within the RNA is subject to a
(2) Although vessels have permission to enter the security "Slow-No Wake" speed limit. All vessels may not produce a
zone under the conditions mentioned in the preceding wake and may not attain speeds greater than five (5) knots
paragraph, no person or vessel may come within one unless a higher minimum speed is necessary to maintain
hundred (100) yards of the Moakley Courthouse under any bare steerage.
conditions unless given express permission from the COTP

579
(3) There may be times that the First District Commander or (2) Inland zone. The waters enclosed by the shoreline and
the Captain of the Port (COTP) finds it necessary to close the following lines:
the RNA to vessel traffic. During times of limited closure,
persons and vessels may request permission to enter the (i) A line drawn across the entrance to Chesapeake Bay
RNA by contacting the COTP or the COTP's on-scene between Wise Point and Cape Charles Light, and then
representative on VHF-16 or via phone at 718-354-4353. continuing to Cape Henry Light.

(4) Any vessels transiting in the RNA must comply with all (ii) A line drawn across the Chesapeake Bay between Old
directions given to them by the COTP or the COTP's on- Point Comfort Light and Cape Charles City Range A Rear
scene representative. The "on-scene representative" of the Light.
COTP is any Coast Guard commissioned, warrant or petty
officer who has been designated by the COTP to act on the (iii) A line drawn across the James River along the eastern
COTP's behalf. The on-scene representative may be on a side of U.S. Route 17 highway bridge, between Newport
Coast Guard vessel; or other designated craft; or on shore News and Isle of Wight County, Virginia.
and communicating with a VTSNY Watchstander or vessels
via VHF-FM radio or loudhailer. Members of the Coast (iv) A line drawn across Chuckatuck Creek along the
Guard Auxiliary may be present to inform vessel operators of northern side of the north span of the U.S. Route 17 highway
this regulation. bridge, between Isle of Wight County and Suffolk, Virginia.

(5) All other relevant regulations, including but not limited to (v) A line drawn across the Nansemond River along the
the Rules of the Road, as codified in 33 CFR subchapter E, northern side of the Mills Godwin (U.S. Route 17) Bridge,
Inland Navigational Rules, remain in effect within the RNA Suffolk, Virginia.
and must be strictly followed at all times.
(vi) A line drawn across the mouth of Bennetts Creek,
(6) Vessel Movement Reporting System (VMRS) users are Suffolk, Virginia.
prohibited from meeting or overtaking other vessels when
transiting alongside an active work area where dredging and (vii) A line drawn across the Western Branch of the Elizabeth
drilling equipment are being operated. River along the eastern side of the West Norfolk Bridge,
Portsmouth, Virginia.
(c) Effective and enforcement period. This regulation is
effective and enforceable 24 hours a day from 12:01 a.m. on (viii) A line drawn across the Southern Branch of the
December 2, 2014 until 11:59 p.m. on October 31, 2018. Elizabeth River along the northern side of the I-64 highway
bridge, Chesapeake, Virginia.
(d) Notification. The Coast Guard will rely on the methods
described in 33 CFR 165.7 to notify the public of the time (ix) A line drawn across the Eastern Branch of the Elizabeth
and duration of any closure of the RNA. Violations of this River along the western side of the west span of the
RNA may be reported to the COTP at 718-354-4353 or on Campostella Bridge, Norfolk, Virginia.
VHF-Channel 16.
(x) A line drawn across the Lafayette River along the
[FR Doc. 2014-29856 Filed 1-6-15; 8:45 am] western side of the Hampton Boulevard Bridge, Norfolk,
Virginia.
Fifth Coast Guard District
(xi) A line drawn across Little Creek along the eastern side of
165.501 Chesapeake Bay Entrance And Hampton the Ocean View Avenue (U.S. Route 60) Bridge, Norfolk, VA.
Roads, VA And Adjacent Waters-Regulated Navigation
Area. (xii) A line drawn across Lynnhaven Inlet along the northern
(a) Location. The waters enclosed by the shoreline and the side of Shore Drive (U.S. Route 60) Bridge, Virginia Beach,
following lines are a Regulated Navigation Area: VA.

(1) Offshore zone. A line drawn due East from the mean (b) Definitions. In this section:
low water mark at the North Carolina and Virginia border at
latitude 363303 N, longitude 755200 W, to the CBBT means the Chesapeake Bay Bridge Tunnel.
Territorial Seas boundary line at latitude 363305 N,
longitude 753651 W, thence generally Northeastward Coast Guard Patrol Commander is a Coast Guard
along the Territorial Seas boundary line to latitude 3801 commissioned, warrant or petty officer who has been
39 N, longitude 745718 W, thence due West to the designated by the Commander, Coast Guard Sector
mean low water mark at the Maryland and Virginia border at Hampton Roads.
latitude 380139 N, longitude 751430 W, thence
Designated representative of the Captain of the Port
South along the mean low water mark on the Virginia coast,
means a person, including the duty officer at the Coast
and eastward of the Colregs Demarcation Lines across
Guard Sector Hampton Roads, the Joint Harbor Operations
Chincoteague Inlet, Assawoman Inlet, Gargathy Inlet,
Center watchstander, or the Coast Guard or Navy Patrol
Metompkin Inlet, Wachapreague Inlet, Quinby Inlet, Great
Commander who has been authorized by the Captain of the
Machipongo Inlet, Sand Shoal Inlet, New Inlet, Ship Shoal
Port to act on his or her behalf and at his or her request to
Inlet and Little Inlet, to the Colregs Demarcation Line across
carry out such orders and directions as needed. All patrol
the mouth of Chesapeake Bay, continuing south along the
vessels shall display the Coast Guard Ensign at all times
Virginia low water mark and eastward of the Colregs
when underway.
Demarcation Line across Rudee Inlet to the point of
beginning. All positions reference NAD 83.
I-664 Bridge Tunnel means the Monitor Merrimac Bridge
Tunnel.

580
Inland waters means waters within the COLREGS Line of primary towing rig, that:
Demarcation.
(A) Is of sufficient strength for towing the vessel.
Thimble Shoal Channel consists of the waters bounded by
a line connecting Thimble Shoal Channel Lighted Bell Buoy (B) Has a connecting device that can receive a shackle pin
1TS, thence to Thimble Shoal Lighted Gong Buoy 17, thence of at least two inches in diameter.
to Thimble Shoal Lighted Buoy 19, thence to Thimble Shoal
Lighted Buoy 21, thence to Thimble Shoal Lighted Buoy 22, (C) Is fitted with a recovery pickup line led outboard of the
thence to Thimble Shoal Lighted Buoy 18, thence to Thimble vessel's hull.
Shoal Lighted Buoy 2, thence to the beginning.
(ii) A tow consisting of two or more vessels, each of which is
Thimble Shoal North Auxiliary Channel consists of the less than 100 gross tons, that has a total gross tonnage that
waters in a rectangular area 450 feet wide adjacent to the is over 100 gross tons, shall be equipped with a secondary
north side of Thimble Shoal Channel, the southern boundary towing rig between each vessel in the tow, in addition to its
of which extends from Thimble Shoal Channel Lighted Buoy primary towing rigs, while the tow is operating within this
2 to Thimble Shoal Lighted Buoy 18. Regulated Navigation Area. The secondary towing rig must:

Thimble Shoal South Auxiliary Channel consists of the (A) Be of sufficient strength for towing the vessels.
waters in a rectangular area 450 feet wide adjacent to the
south side of Thimble Shoal Channel, the northern boundary (B) Have connecting devices that can receive a shackle pin
of which extends from Thimble Shoal Channel Lighted Bell of at least two inches in diameter.
Buoy 1TS, thence to Thimble Shoal Lighted Gong Buoy 17,
thence to Thimble Shoal Lighted Buoy 19, thence to Thimble (C) Be fitted with recovery pickup lines led outboard of the
Shoal Lighted Buoy 21. vessel's hull.

(c) Applicability. This section applies to all vessels (4) Thimble Shoals Channel controls.
operating within the Regulated Navigation Area, including
naval and public vessels, except vessels that are engaged in (i) A vessel drawing less than 25 feet may not enter the
the following operations: Thimble Shoal Channel, unless the vessel is crossing the
channel. Masters should consider the squat of their vessel
(1) Law enforcement. based upon vessel design and environmental conditions.
Channel crossings shall be made as perpendicular to the
(2) Servicing aids to navigation. channel axis as possible.

(3) Surveying, maintenance, or improvement of waters in the (ii) Except when crossing the channel, a vessel in the
Regulated Navigation Area. Thimble Shoal North Auxiliary Channel shall proceed in a
westbound direction.
(d) Regulations
(iii) Except when crossing the channel, a vessel in the
(1) Anchoring restrictions. No vessel over 65 feet long Thimble Shoal South Auxiliary Channel shall proceed in an
may anchor or moor in the inland waters of the Regulated eastbound direction.
Navigation Area outside an anchorage designated in
110.168 of this title, with these exceptions: (5) Restrictions on vessels with impaired
maneuverability
(i) The vessel has the permission of the Captain of the Port.
(i) Before entry. A vessel over 100 gross tons, whose ability
(ii) Only in an emergency, when unable to proceed without to maneuver is impaired by heavy weather, defective
endangering the safety of persons, property, or the steering equipment, defective main propulsion machinery, or
environment, may a vessel anchor in a channel. other damage, may not enter the Regulated Navigation Area
without the permission of the Captain of the Port.
(iii) A vessel may not anchor within the confines of Little
Creek Harbor, Desert Cove, or Little Creek Cove without the (ii) After entry. A vessel over 100 gross tons, which is
permission of the Captain of the Port. The Captain of the underway in the Regulated Navigation Area, that has its
Port shall consult with the Commander, Naval Amphibious ability to maneuver become impaired for any reason, shall,
Base Little Creek, before granting permission to anchor as soon as possible, report the impairment to the Captain of
within this area. the Port.

(2) Anchoring detail requirements. A self-propelled vessel (6) Requirements for navigation charts, radars, and
over 100 gross tons, which is equipped with an anchor or pilots. No vessel over 100 gross tons may enter the
anchors (other than a tugboat equipped with bow fenderwork Regulated Navigation Area, unless it has on board:
of a type of construction that prevents an anchor being
rigged for quick release), that is underway within two nautical (i) Corrected charts of the Regulated Navigation Area.
miles of the CBBT or the I-664 Bridge Tunnel shall station its Instead of corrected paper charts, warships or other vessels
personnel at locations on the vessel from which they can owned, leased, or operated by the United States
anchor the vessel without delay in an emergency. Government and used only in government noncommercial
service may carry electronic charting and navigation systems
(3) Secondary towing rig requirements on inland waters. that have met the applicable agency regulations regarding
(i) A vessel over 100 gross tons may not be towed in the navigation safety.
inland waters of the Regulated Navigation Area unless it is
equipped with a secondary towing rig, in addition to its (ii) An operative radar during periods of reduced visibility;

581
(iii) When in inland waters, a pilot or other person on board (e) Waivers.
with previous experience navigating vessels on the waters of
the Regulated Navigation Area. (1) The Captain of the Port may, upon request, waive any
regulation in this section.
(7) Emergency procedures.
(2) An application for a waiver must state the need for the
(i) Except as provided in paragraph (d)(7)(ii) of this section, waiver and describe the proposed vessel operations.
in an emergency any vessel may deviate from the
regulations in this section to the extent necessary to avoid (f) Control of vessels within the regulated navigation
endangering the safety of persons, property, or the area.
environment.
(1) When necessary to prevent damage, destruction or loss
(ii) A vessel over 100 gross tons with an emergency that is of any vessel, facility or port infrastructure, the Captain of the
located within two nautical miles of the CBBT or I-664 Bridge Port may direct the movement of vessels or issue orders
Tunnel shall notify the Captain of the Port of its location and requiring vessels to anchor or moor in specific locations.
the nature of the emergency, as soon as possible.
(2) If needed for the maritime, commercial or security
(8) Vessel speed limits interests of the United States, the Captain of the Port may
order a vessel to move from the location in which it is
(i) Little Creek. A vessel may not proceed at a speed over anchored to another location within the Regulated
five knots between the Route 60 bridge and the mouth of Navigation Area.
Fishermans Cove (Northwest Branch of Little Creek).
(3) The master of a vessel within the Regulated Navigation
(ii) Southern Branch of the Elizabeth River. A vessel may Area shall comply with any orders or directions issued to the
not proceed at a speed over six knots between the junction master's vessel by the Captain of the Port.
of the Southern and Eastern Branches of the Elizabeth River
and the Norfolk and Portsmouth Belt Line Railroad Bridge [CGD05-02-099, 68 FR 35175, June 12, 2003, as amended
between Chesapeake and Portsmouth, Virginia. by USCG-2006-25150, 71 FR 39211, July 12, 2006]

(iii) Norfolk Harbor Reach. Nonpublic vessels of 300 gross 165.502 Cove Point, Chesapeake Bay, Maryland-Safety
tons or more may not proceed at a speed over 10 knots Zone.
between the Elizabeth River Channel Lighted Gong Buoy 5 (a) Location. The following area is a safety and security
of Norfolk Harbor Reach (southwest of Sewells Point) at zone: All waters of the Chesapeake Bay, from surface to
approximately 365800 N, 0762000 W, and bottom, encompassed by lines connecting the following
gated Elizabeth River Channel Lighted Buoys 17 and 18 of points, beginning at 382427 N, 762342 W, thence to
Craney Island Reach (southwest of Norfolk International 382444 N, 762311 W, thence to 382355 N, 762227
Terminal at approx.. 365417 N, and 0762011 W, thence to 382337 N, 762258 W, thence to beginning
W. at 382427 N, 762342 W. These coordinates are based
upon North American Datum (NAD) 1983. This area is 500
(9) Port security requirements. Vessels in excess of 300 yards in all directions from the Cove Point LNG terminal
gross tons, including tug and barge combinations in excess structure.
of 300 gross tons (combined), shall not enter the Regulated
Navigation Area, move within the Regulated Navigation Area, (b) Regulations.
or be present within the Regulated Navigation Area, unless
they comply with the following requirements: (1) In accordance with the general regulations in 165.23
and 165.33 of this part, entry into or movement within this
(i) Obtain authorization to enter the Regulated Navigation zone is prohibited unless authorized by the Coast Guard
Area from the designated representative of the Captain of Captain of the Port, Baltimore, Maryland or his designated
the Port prior to entry. All vessels entering or remaining in representative. Designated representatives include any
the Regulated Navigation Area may be subject to a Coast Coast Guard commissioned, warrant, or petty officer.
Guard boarding.
(2) Persons desiring to transit the area of the zone may
(ii) Ensure that no person who is not a permanent member of contact the Captain of the Port at telephone number (410)
the vessel's crew, or a member of a Coast Guard boarding 576-2693 or via VHF Marine Band Radio Channel 16 (156.8
team, boards the vessel without a valid purpose and photo MHz) to seek permission to transit the area. If permission is
identification. granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his designated
(iii) Report any departure from or movement within the representative.
Regulated Navigation Area to the designated representative
of the Captain of the Port prior to getting underway. (c) Enforcement. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the zone by Federal, State,
(iv) The designated representative of the Captain of the Port local, and private agencies.
is the Sector Command Center (SCC)Joint Harbor
Operations Center (JHOC) which shall be contacted on [CGD05-03-023, 68 FR 75133, Dec. 30, 2003]
VHF-FM channel 12, or by calling (757) 668-5555.
165.503 Security Zone; Captain of the Port Hampton
(v) In addition to the authorities listed in this part, this Roads Zone.
paragraph is promulgated under the authority under 33 (a) Definitions. As used in this section
U.S.C. 1226.
Certain dangerous cargo or CDC means a material

582
defined as CDC in 33 CFR 160.202. thence southeasterly to latitude 365912.9 N, longitude
762652.4 W, thence easterly to latitude 3659
Designated Representative of the Captain of the Port is 14.2 N, longitude 76 26 49.1 W, thence
any U.S. Coast Guard commissioned, warrant or petty officer
southeasterly to latitude 365837.8 N, longitude 76
who has been authorized by the Captain of the Port (COTP),
Hampton Roads, Virginia to act on his or her behalf. 2626.3 W, thence easterly to latitude 365843.5 N,
longitude 76 26 13.7 W, thence northerly to the
Passenger vessel means a vessel defined as a passenger intersection of the shoreline with the southernmost property
vessel in 46 CFR part 70. line of the Newport News Shipbuilding and Dry Dock Co. at
latitude 365848.0 N, longitude 762611.2 W,
(b) Location. All navigable waters of the Captain of the Port thence northwesterly along the shoreline to the point of
Hampton Roads zone (defined in 33 CFR 3.25-10) within beginning.
500 yards around a passenger vessel or vessel carrying a
CDC, while the passenger vessel or vessel carrying CDC is (b) Security zone anchorage. The following is a security
transiting, moored or anchored. zone anchorage: The waters of the James River
encompassed by a line beginning at the intersection of the
(c) Regulations. shoreline with the northernmost property line of the Newport
News Shipbuilding and Dry Dock Company shipyard at
(1) No vessel may approach within 500 yards of a passenger latitude 370038.1 N, longitude 762705.7 W,
vessel or vessel carrying a CDC within the Captain of the thence southerly to latitude 365958.4 N, longitude
Port Hampton Roads zone, unless traveling at the minimum 76 27 16.7 W, thence easterly to the shoreline at
speed necessary to navigate safely. latitude 365958.5 N, longitude 762711.6 W,
thence along the shoreline to the point of beginning.
(2) Under 165.33, no vessel or person may approach within
100 yards of a passenger vessel or vessel carrying a CDC (c) Special Regulations.
within the Captain of the Port Hampton Roads zone, unless
authorized by the COTP Hampton Roads or his or her (1) Section 165.33 (a), (e), and (f) do not apply to the
designated representative. following vessels or individuals on board those vessels:
(3) The COTP Hampton Roads may notify the maritime and (i) Public vessels of the United States.
general public by marine information broadcast of the
periods during which individual security zones have been (ii) Public vessels owned or operated by the Commonwealth
activated by providing notice in accordance with 33 CFR of Virginia or its subdivisions for law enforcement or
165.7. firefighting purposes.
(4) A security zone in effect around a moving or anchored (iii) Vessels owned by, operated by, or under charter to
vessel will be enforced by a law enforcement vessel. A Newport News Shipbuilding and Dry Dock Co.
security zone in effect around a moored vessel will be
enforced by a law enforcement agent shoreside, a law (iv) Vessels that are performing work at Newport News
enforcement vessel waterside, or both. Shipbuilding and Dry Dock Co., including the vessels of
subcontractors and other vendors of Newport News
(5) Persons desiring to transit the area of the security zone Shipbuilding and Dry Dock Co. or other persons that have a
within 100 yards of a passenger vessel or vessel carrying a contractual relationship with Newport News Shipbuilding and
CDC must contact the COTP Hampton Roads on VHF-FM Dry Dock Co.
channel 16 (156.8 MHz) or telephone number (757) 668-
5555 or (757) 484-8192 to seek permission to transit the (v) Vessels that are being built, rebuilt, repaired, or otherwise
area. All persons and vessels must comply with the worked on at or by Newport News Shipbuilding and Dry
instructions of the COTP or the COTP's designated Dock Co. or another person authorized to perform work at
representative. the shipyard.
(d) Enforcement. The COTP will enforce these zones and (vi) Vessels that are authorized by Newport News
may enlist the aid and cooperation of any Federal, state, Shipbuilding and Dry Dock Company to moor at and use its
county, or municipal law enforcement agency to assist in the facilities.
enforcement of the regulation.
(vii) Commercial shellfish harvesting vessels taking clams
[CGD05-04-067, 69 FR 40769, July 7, 2004, as amended by from the shellfish beds within the zone, if
USCG-2005-21869, 80 FR 5336, Jan. 30, 2015]
(A) The owner of the vessel has previously provided the
165.504 Newport News Shipbuilding and Dry Dock Captain of the Port, Hampton Roads, Virginia, information
Company Shipyard, James River, Newport News, Va. about the vessel, including:
(a) Location. The following is a security zone: The waters of
the James River encompassed by a line beginning at the (1) The name of the vessel;
intersection of the shoreline with the northernmost property
line of the Newport News Shipbuilding and Dry Dock Co. at (2) The vessel's official number, if documented, or state
latitude 370038.1 N, longitude 762705.7 W, number, if numbered by a state issuing authority;
thence southerly to latitude 365958.4 N, longitude
762716.7 W, thence southeasterly to latitude 36 (3) A brief description of the vessel, including length, color,
5923.0 N, longitude 762654.6 W, thence westerly and type of vessel;
to latitude 365921.5 N, longitude 762658.4 W,
(4) The name, Social Security number, current address, and

583
telephone number of the vessel's master, operator, or to the shore, or aground.
person in charge; and
(c) Applicability. This section applies to any vessel
(5) Upon request, information the vessel's crew. operating within the Regulated Navigation Area, including a
naval or public vessel, except a vessel engaged in:
(B) The vessel is operated in compliance with any specific
orders issued to the vessel by the Captain of the Port or (1) Law enforcement;
other regulations controlling the operation of vessels within
the security zone that may be in effect. (2) Servicing aids to navigation; or

(d) Enforcement. The U.S. Coast Guard may be assisted in (3) Surveying, maintaining, or improving waters within the
the enforcement of this zone by the U.S. Navy. Regulated Navigation Area.

[CGD5 86-03, 51 FR 18322, May 19, 1986, as amended by (d) Draft limitation. Unless otherwise authorized by the
CGD5 87-038, 52 FR 41996, Nov. 2, 1987] COTP, no vessel with a draft greater than 55 feet may enter
this regulated navigation area.
165.505 Security Zone; Calvert Cliffs Nuclear Power
Plant, Chesapeake Bay, Calvert County, Maryland. Note: The project depth in many areas of the Regulated
(a) Location. The following area is a security zone: All Navigation Area is less than 55 feet.
waters of the Chesapeake Bay, from surface to bottom,
encompassed by lines connecting the following points, (e) Oil transfer operations. Unless otherwise authorized by
beginning at 3826'06" N, 07626'18" W, thence to 3826'10" the COTP, no vessel to vessel oil transfer operations,
N, 07626'12" W, thence to 3826'21" N, 07626'28" W, excluding bunkering, may be conducted within the area
thence to 3826'14" N, 07626'33" W, thence to beginning at between the southern boundary of this regulated navigation
3826'06" N, 07626'18" W. These coordinates are based area and the southern span of the Delaware Memorial
upon North American Datum (NAD) 1983. Bridge except within the anchorage ground designated in
110.157(a)(1) of this chapter.
(b) Regulations.
(f) Requirements for vessels carrying dangerous
(1) Entry into or remaining in this zone is prohibited unless cargoes. The master, owner, or operator of a vessel
authorized by the Coast Guard Captain of the Port, carrying a dangerous cargo shall:
Baltimore, Maryland.
(1) Notify the COTP at least 72 hours before the vessel
(2) Persons desiring to transit the area of the security zone enters or departs the regulated navigation area and at least
may contact the Captain of the Port at telephone number 12 hours before the vessel moves within the regulated
410-576-2693 or on VHF channel 16 (156.8 MHz) to seek navigation area. The notice must include a report of the
permission to transit the area. If permission is granted, all vessel's propulsion and machinery status and, for foreign
persons and vessels must comply with the instructions of the flag vessels, the notice must include any outstanding
Captain of the Port or his or her designated representative. deficiencies identified by the vessel's flag state or
classification society;
(c) Authority: In addition to 33 U.S.C. 1231 and 50 U.S.C.
191, the authority for this section includes 33 U.S.C. 1226. (2) Not enter, get or remain underway within the regulated
navigation area if visibility is or is expected to be less than
[68 FR 15051, Mar. 28, 2003] two (2) miles. If during the transit visibility becomes less than
two (2) miles, the vessel must seek safe anchorage and
165.510 Delaware Bay And River, Salem River,
notify the COTP immediately;
Christina River And Schuylkill River-Regulated
Navigation Area.
(3) Not anchor in any area within the regulated navigation
(a) Regulated Navigation Area. The following is a
area unless in times of emergency or with COTP permission;
Regulated Navigation Area: The navigable waters of
Delaware Bay and River, Salem River, Christina River, and
(4) Not transfer dangerous cargo while the vessel is at
Schuylkill River, in an area bounded on the south by a line
anchor or bunkering;
drawn across the entrance to the Delaware Bay between
Cape May Light and Harbor of Refuge Light and then
(5) Maintain a manned watch in the steering compartment
continuing to the northernmost extremity of Cape Henlopen,
whenever the vessel is underway within the regulated
and bounded on the north by a line drawn across the
navigation area unless the vessel has two separate and
Delaware River between Trenton, NJ and Morrisville, PA
independent steering control systems with duplicate
along the southern side of the U.S. Route 1 Bridge.
pilothouse steering gear control systems which meet the
requirements of 46 CFR 58.25-70;
(b) Definitions. As used in this section:
(6) When anchored within the regulated navigation area and:
COTP means the Captain of the Port, Delaware Bay and any
Coast Guard commissioned, warrant or petty officer who has
(i) Sustained winds are greater than 25 knots but less than
been authorized by the COTP to act on his or her behalf.
40 knots, ensure the main engines are ready to provide full
power in five minutes or less; and
Dangerous Cargo means those cargoes listed in 160.202
of this chapter when carried in bulk, but does not include
(ii) Sustained winds are 40 knots or over, ensure that the
cargoes listed in table 1 of 46 CFR part 153.
main engines are on line to immediately provide propulsion;
Underway means that a vessel is not at anchor, made fast
(7) While moored within the regulated navigation area,

584
ensure that at least two wire cable mooring lines (firewarps) (a) Location. A 500-yard radius around escorted passenger
are rigged and ready for use as emergency towing hookups vessels in the Captain of the Port, Delaware Bay zone as
fore and aft on the outboard side of the vessel; defined in 33 CFR 3.25-05.

(8) While underway or anchored within the regulated (b) Regulations.


navigation area, ensure that at least two wire cable mooring
lines (firewarps) are rigged and ready for use as emergency (1) All persons are required to comply with the general
towing hookups fore and aft on the vessel; and, regulations governing security zones in 165.33 of this part.

(9) Proceed as directed by the COTP. (2) All persons or vessels operating at the minimum safe
speed necessary to maintain navigation may transit within
(g) Requirements for vessels operating in the vicinity of 500 yards of an escorted passenger vessel without the
a vessel carrying dangerous cargoes. permission of the Captain of the Port Delaware Bay, PA or
designated representative while the escorted passenger
(1) Except for a vessel that is attending a vessel carrying vessel is in the Captain of the Port Delaware Bay zone.
dangerous cargo with permission from the master of the
vessel carrying dangerous cargo or a vessel that is anchored (3) No person or vessel may transit or remain within 100
or moored at a marina, wharf, or pier, and which remains yards of an escorted passenger vessel without the
moored or at anchor, no vessel may, without the permission permission of the Captain of the Port Delaware Bay or
of the COTP: designated representative while the passenger vessel is in
the Captain of the Port Philadelphia zone.
(i) Come or remain within 500 yards of the port or starboard
side or within 1,000 yards of the bow or stern of an (4) Any person or vessel authorized to enter the security
underway vessel that is carrying dangerous cargo; or zone must operate in strict conformance with any directions
given by the Captain of the Port Delaware Bay or designated
(ii) Come or remain within 100 yards of a moored or representative and leave the security zone immediately if the
anchored vessel carrying dangerous cargo. Captain of the Port Delaware Bay or designated
representative so orders.
(2) The master, owner, or operator of any vessel receiving
permission under paragraph (g)(1) of this section shall: (5) When an escorted passenger vessel approaches within
100 yards of any vessel that is moored or anchored, the
(i) Maintain a continuous radio guard on VHF-FM channels stationary vessel must stay moored or anchored while it
13 and 16; remains within 100 yards of the passenger vessel unless it is
either ordered by or given permission by the Captain of the
(ii) Operate at no wake speed or the minimum speed Port, Delaware Bay or designated representative to do
needed to maintain steerage; and otherwise.

(iii) Proceed as directed by the COTP. (6) The Coast Guard designated representative enforcing
this section can be contacted on VHF Marine Band Radio,
(3) No vessel may overtake a vessel carrying dangerous channels 13 and 16. The Captain of the Port can be
cargoes unless the overtaking can be completed before contacted at (215) 271-4807.
reaching any bend in the channel. Before any overtaking, the
pilots, masters or operators of both the overtaking vessel (c) Maneuver-restricted vessels. When conditions permit,
and the vessel being overtaken must clearly agree on the the Captain of the Port or designated representative should:
circumstances of the overtaking, including vessel speeds,
time and location of overtaking. (1) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within the 100
(h) Additional restrictions above the C&D Canal. When yards of the passenger vessel in order to ensure safe
operating on the Delaware River above the C&D Canal: passage in accordance with the Navigation Rules as seen in
33 CFR chapter I, subchapters D and E; and
(1) A vessel carrying dangerous cargo must be escorted by
at least one commercial tug; and (2) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver that must transit via a
(2) Meeting situations shall be avoided on river bends to the navigable channel or waterway to pass within 100 yards of
maximum extent possible. an anchored passenger vessel.

(i) The COTP will issue a Broadcast Notice to Mariners to (d) Definitions. As used in this section
inform the marine community of scheduled vessel
movements during which the restrictions imposed by Captain of the Port means the Commanding Officer of the
paragraphs (g) and (h) of this section will be in effect. Coast Guard Sector Delaware Bay or any Coast Guard
commissioned, warrant, or petty officer who has been
[CGD 05-96-010, 62 FR 40275, July 28, 1997, as amended authorized by the Captain of the Port to act as a designated
by USCG-2000-7223, 65 FR 40058, June 29, 2000; USCG- representative on his behalf.
2005-21869, 80 FR 5336, Jan. 30, 2015]
Escort means assets (surface or air) with the Coast Guard
165.511 Security Zone; Atlantic Ocean, Chesapeake & insignia that accompany and protect the escorted vessel,
Delaware Canal, Delaware Bay, Delaware River and its armed with crew-served weapons that are manned and
tributaries. ready.

585
Passenger vessels means vessels greater than 100 feet in (d) Contact information. U.S. Navy safety vessels may be
length, over 100 gross tons that are authorized to carry 500 contacted on VHF marine band radio channels 13 (156.65
or more passengers, making voyages lasting more than 24 MHz) and 16 (156.8 MHz). The Captain of the Port may be
hours, except for ferries. contacted at Sector North Carolina by telephone at (877)
229-0770 or (910) 772-2200.
[CGD05-04-047, 69 FR 56697, Sept. 22, 2004]
[CGD 05-98-38, 63 FR 58636, Nov. 2, 1998, as amended by
165.514 Safety Zone: Atlantic Intracoastal Waterway USCG-2000-7223, 65 FR 40058, June 29, 2000; CGD05-03-
And Connecting Waters, Vicinity Of Marine Corps Base 167, 69 FR 41946, July 13, 2004; USCG-2011-0368, 76 FR
Camp Lejeune, North Carolina. 26605, May 9, 2011]
(a) Location. The following area is a safety zone: All waters
of the Atlantic Intracoastal Waterway (AICW) and connecting 165.515 Safety Zone: Cape Fear River, Wilmington,
waters, from Bogue Sound New River Daybeacon 58 North Carolina.
(LLNR 39210) at approximate position 343757 North, (a) Location. The following area is a safety zone:
0771218 West, and continuing in the AICW southwest
(1) The waters of the Cape Fear River bounded by a line
to Bogue SoundNew River Daybeacon 70 (LLNR 39290)
connecting the following points:
at approximate position 343307 North, 07720
30 West. All coordinates reference Datum: NAD 1983.
Latitude Longitude
(b) Regulations. Notwithstanding the provisions of 33 CFR
334.440(e)(2)(i), no vessel may enter the safety zone 341412 N 775710 W
described in paragraph (a) of this section while weapons
341412 N 775706 W
firing exercises are in progress, except as provided in
paragraph (c) of this section or unless permitted by the 341354 N 775700 W
Captain of the Port (COTP) North Carolina.
341354 N 775706 W
(1) Red warning flags or red warning lights will be displayed
on towers located at both ends of the safety zone (Bear
Creek and Cedar Point) while firing exercises are in progress. (2) The safety zone boundary can be described as follows:
The flags or lights will be displayed by 8 a.m. on days where starting at the stern of the Battleship USS NORTH
firing exercises are scheduled, and will be removed at the CAROLINA, across the Cape Fear River to the north end of
end of the firing exercise. the Coast Guard moorings, down along the east bank of the
Cape Fear River to the bow of the tug CAPTAIN JOHN
(2) A Coast Guard or U.S. Navy vessel will patrol each end TAXIS Memorial (Chandler's Wharf), back across the Cape
of the safety zone to ensure the public is aware that firing Fear River to Eagle Island, and then up along the west bank
exercises are in progress and that the firing area is clear of of the Cape Fear River to the stern of the Battleship USS
vessel traffic before weapons are fired. NORTH CAROLINA.

(c) General information (b) Definitions.

(1) Announcements. The COTP North Carolina will The designated representative of the Captain of the Port
announce the specific times and locations of firing exercises is any Coast Guard commissioned, warrant, or petty officer
by Broadcast Notice to Mariners and Local Notice to who has been authorized by the Captain of the Port, North
Mariners. Normally, weapons firing for each firing exercise is Carolina to act on his behalf.
limited to a two nautical mile portion of the safety zone. The
COTP may issue general permission to transit all or (c) General information. The Captain of the Port and the
specified parts of the safety zone outside of the actual firing Command Duty Officer at Sector North Carolina can be
area or if firing is temporarily stopped. This general contacted at telephone number (877) 229-0770 or (910) 772-
permission will be announced in a Local Notice to Mariners 2200. The Coast Guard Patrol Commander and the senior
and Broadcast Notice to Mariners. boarding officer on each vessel enforcing the safety zone
can be contacted on VHF-FM channels 16 and 81.
(2) Camp Lejeune artillery operations. Artillery weapons
firing over the AICW from Marine Corps Base Camp Lejeune (d) Regulation. Except for persons or vessels authorized by
will be suspended and vessels permitted to transit the the Coast Guard Patrol Commander, no person or vessel
specified 2-nautical-mile firing area for a 1-hour period may enter or remain in the regulated area.
beginning at the start of each odd-numbered hour local time
(e.g., 9 a.m.; 1 p.m.). A vessel may not enter the specified (1) The operator of any vessel in the immediate vicinity of
firing area unless it will be able to complete its transit of the this safety zone shall:
firing area before firing exercises are scheduled to re-start.
(i) Stop the vessel immediately upon being directed to do so
(3) Atlantic Ocean naval gunnery live fire operations. Naval by any commissioned, warrant, or petty officer on board a
gunnery live fire operations over the AICW from off shore on vessel displaying a Coast Guard Ensign.
the Atlantic Ocean may be conducted for periods not to
exceed 4 hours, then suspended and vessels permitted to (ii) Proceed as directed by any commissioned, warrant, or
transmit the specified two-mile firing area for a minimum of petty officer on board a vessel displaying a Coast Guard
one hour before firing may resume. A vessel may not enter Ensign.
the specified firing area unless it will be able to complete its
transit of the firing area before firing exercises are scheduled (2) Any spectator vessel may anchor outside of the regulated
to re-start. area specified in paragraph (a) of the section, but may not
block a navigable channel.

586
(e) Effective date. The Captain of the Port will issue a (6) When moored, a security zone around an escorted
Marine Safety Information Broadcast and a Notice to vessel may also be enforced by Coast Guard, State or Local
Mariners to notify the public when this section is in effect. law enforcement personnel shoreside.

[59 FR 33200, June 28, 1994, as amended by USCG-2000- (7) Persons desiring to transit within 100 yards of an
7223, 65 FR 40059, June 29, 2000; USCG-2011-0368, 76 escorted vessel in the Fifth Coast Guard District must
FR 26605, May 9, 2011] contact the local Captain of the Port on VHF channel 16
(156.800 MHz), VHF channel 13 (156.650 MHz) or at
165.518 Security Zone; Waters of the Fifth Coast Guard telephone numbers:
District
(a) Definitions. As used in this section Philadelphia: (215) 271-4807

Designated Representative means any U.S. Coast Guard Baltimore: (410) 576-2693
commissioned, warrant or petty officer who has been
authorized by the District Commander or local Captain of the Hampton Roads: (757) 668-5555 or (757) 484-8192
Port (COTP), as defined in 33 CFR part 3, subpart 3.25, to
act on his or her behalf. North Carolina: (877) 229-0770 or (910) 772-2200

Escorted vessel means a vessel, other than a U.S. naval (8) If permission is granted to transit within 100 yards of an
vessel as defined in 165.2015, that is accompanied by one escorted vessel, all persons and vessels must comply with
or more Coast Guard assets or Federal, State or local law the instructions of the District Commander, Captain of the
enforcement agency assets as listed below: Port or their designated representative.

(1) Coast Guard surface or air asset displaying the Coast [CGD05-04-171, 70 FR 11551, Mar. 9, 2005, as amended by
Guard insignia. USCG-2011-0368, 76 FR 26605, May 9, 2011]

(2) Coast Guard Auxiliary surface asset displaying the Coast 165.530 Safety Zone: Cape Fear And Northeast Cape
Guard Auxiliary insignia. Fear Rivers, NC.
(a) Location. The following area is a moving safety zone
(3) State and/or local law enforcement asset displaying the during the specified conditions: The waters of the Cape Fear
applicable agency markings and or equipment associated and Northeast Cape Fear Rivers for 500 yards ahead and
with the agency. astern, and 75 yards abeam of a vessel carrying hazardous
materials when designated by the Captain of the Port, North
State and/or local law enforcement officers means any Carolina.
State or local government law enforcement officer who has
authority to enforce State criminal laws. (b) General Information.

(b) Location. The following area is a security zone: 500-yard (1) The Captain of the Port and the Command Duty Officer
radius around escorted vessels in the navigable waters of at Sector North Carolina can be contacted at telephone
the Fifth Coast Guard District as defined in 33 CFR 3.25-1, number (877) 229-0770 or (910) 772-2200. The Coast
from surface to bottom. Guard Patrol Commander enforcing the safety zone can be
contacted on VHF-FM channels 16 and 81.
(c) Regulations.
(2) The Captain of the Port may authorize and designate any
(1) No vessel may approach within 500 yards of an escorted Coast Guard commissioned, warrant, or petty officer to act
vessel within the navigable waters of the Fifth Coast Guard on his behalf in enforcing this safety zone.
District, unless traveling at the minimum speed necessary to
navigate safely. (3) Sector North Carolina will notify the maritime community
of periods during which this safety zone will be in effect by
(2) No vessel may enter within a 100-yard radius of an providing advance notice of scheduled arrivals and
escorted vessel within the navigable waters of the Fifth departures of loaded hazardous materials vessels via a
Coast Guard District, without approval from the District marine Broadcast Notice to Mariners.
Commander, Captain of the Port or their designated
representatives. (c) Regulation. The general regulations governing safety
zones contained in 165.23 apply.
(3) Moored or anchored vessels, which are overtaken by a
moving zone, must remain stationary at their location until [COTP Wilmington, NC 94-004, 59 FR 42759, Aug. 19, 1994,
the escorted vessel maneuvers at least 500 yards past. as amended by USCG-2000-7223, 65 FR 40059, June 29,
2000; USCG-2011-0368, 76 FR 26605, May 9, 2011]
(4) Vessels restricted in their ability to maneuver may
request permission of the District Commander, Captain of 165.540 Regulated Navigation Area; Cape Fear River,
the Port or designated representative to enter the security Northeast Cape Fear River, Wilmington, North Carolina.
zone in order to ensure safe passage in accordance with the (a) Description of the Regulated Navigation Area (RNA).
Navigation Rules in 33 CFR chapter I, subparts D and E. The RNA encompasses all waters of the Cape Fear River
and Northeast Cape Fear River from the intersection of Bald
(5) The local COTP may notify the maritime and general Head Shoal Channel and Smith Island Channel (centerline
public by marine information broadcast of the periods during coordinates Latitude 335224.028 N, Longitude 78
which individual security zones have been activated by 0029.624 W (NAD 83)) to mile 26.7 on the Northeast
providing notice in accordance with 33 CFR 165.7. Cape Fear River.

587
(b) Work areas. Dredging work within the RNA will be downstream of Cape Fear River Channel Lighted Buoy 25
conducted in five distinct areas: Ocean Bar II, Horseshoe (LL 30530/39965)).
Shoal, Passing Lane & Anchorage Basin, Big Island, and the
Northeast Cape Fear River. Drilling or blasting is expected to (2) Horseshoe Shoal. The work area includes: Horseshoe
occur within the Passing Lane & Anchorage Basin, Big Shoal Channel and part of Snows Marsh Channel.
Island, and the Northeast Cape Fear River work areas. The Downstream end of the work area is located 1,200 feet
blast sites within the RNA, will be identified and made downstream of the intersection of Snows Marsh Channel
available to the public through: Broadcast Notices to and Horseshoe Shoal Channel (mile 6.5, approximately
Mariners or Local Notices to Mariners (Local Notices to 1,150 feet downstream of Cape Fear River Channel Lighted
Mariners are available on-line at Buoy 25 (LL 30530/39965)). Upstream end of the work area
www.navcen.uscg.gov/lnm/d5/); direct contact with the is located at the intersection of Horseshoe Shoal Channel
control vessel on channel 16 VHF-FM; direct contact with the and Reaves Point Channel (mile 7.7, at about Cape Fear
contractor; or through the Captain of the Port on VHF marine River Channel Lighted Buoy 27 (LL 30550/39945)).
Band Radio, channels 13 and 16; or at telephone number
(910) 772-2200. In addition, dredge and blasting companies (3) Big Island. The work area includes: Part of Keg Island
will have a control vessel present at the site of each blast. Channel, Lower Big Island Channel, Upper Big Island
(c) Enforcement period. This section will be enforced Channel, and part of Lower Brunswick Channel.
during the months of August, September, October, Downstream end of the work area is approximately 2,230
November, December, and January, each year. This rule will feet upstream of the intersection of Upper Lilliput Channel
expire on January 31, 2006. and Keg Island Channel (mile 16.2, approximately 1,320 feet
downstream of Cape Fear River Channel Lighted Buoy 46
(d) Definitions. (LL 30765) and approximately 2,300 feet upstream of Cape
Fear River Channel Lighted Buoy 44 (LL 30750)). Upstream
Active work area means a work area in which blasting, end of the work area is approximately 2,680 feet upstream of
drilling, or dredging operations are currently taking place. intersection of Upper Big Island Channel and Lower
Brunswick Channel (mile 18.7, approximately 1,620 feet
Blast site means the area where explosive material is upstream of Cape Fear River Channel Lighted Buoy 56 (LL
handled during loading, including the perimeter formed by 30830) and approximately 590 feet downstream of the
the loaded blast holes and fifty (50) feet (15.2 meters) in all Carolina Power & Light Company (CP&L) overhead power
directions from loaded holes. line crossing).

Blasting operations means the detonation of explosives on (4) Passing Lane and Anchorage Basin. There are two
the river bottom. separate work areas for this contract, separated by the Big
Island Contract.
Captain of the Port means the Coast Guard officer
designated by the Commandant to command the Captain of (i) Passing Lane work area is located immediately
the Port Zone as described in 33 CFR 3.25-20. downstream of the Big Island contract work area. The work
area includes: Reaves Point Channel, Lower Midnight
Control vessel means the vessel at an active work area Channel, Upper Midnight Channel, Lilliput Channel, and part
which coordinates operations within the active work area. of Keg Island Channel. Downstream end of Passing Lane
work area is the intersection of Horseshoe Shoal Channel
Hangfire means a blast that fails to detonate at initiation, but and Reaves Point Channel (mile 7.7, at about Cape Fear
detonates at a later time. River Channel Lighted Buoy 27 (LL 30550/39945)).
Upstream end of the Passing Lane work area is
Mile means measured as nautical miles. approximately 2,230 feet upstream of intersection of Upper
Lilliput Channel and Keg Island Channel (mile 16.2,
Misfire means a blast that fails to detonate completely after approximately 1,320 feet downstream of Cape Fear River
an attempt at initiation, also the explosive material that failed Channel Lighted Buoy 46 (LL 30765) and approximately
to detonate as planned. 2,300 feet upstream of Cape Fear River Channel Lighted
Buoy 44 (LL 30750)).
RNA means Regulated Navigation Area.
(ii) Anchorage Basin work area is located immediately
Work area means those places within the RNA where upstream of the Big Island contract work area. The work
dredging, drilling, and blasting shall be conducted. area includes: Part of Lower Brunswick Channel, Fourth
East Jetty Channel, Between Channel, and Anchorage Basin
(e) Description of work areas in the RNA Channel. Downstream end of Anchorage Basin work area is
approximately 2,680 feet upstream of intersection of Upper
(1) Ocean Bar II, mouth of Cape Fear. The work area Big Island Channel and Lower Brunswick Channel (mile 18.7,
includes: Part of Bald Head Shoal Channel, Smith Island approximately 1,620 feet upstream of Cape Fear River
Channel, Baldhead Caswell Channel, Southport Channel, Channel Lighted Buoy 56 (LL 30830) and approximately 590
Battery Island Channel, Lower Swash Channel, and the feet downstream of the CP&L overhead power line crossing).
majority of Snows Marsh Channel. The downstream end of Upstream end of Anchorage Basin work area is the Cape
the work area (centerline coordinates: Latitude 33 50 Fear Memorial Bridge (mile 23.6).
43.668 N, Longitude 78 0140.068 W (NAD 1983)) is
located southeast of Cape Fear River Channel Lighted Buoy (5) Northeast Cape Fear River. The downstream end of the
8 (LL 30350), approximately 2,560 feet east of the centerline work area is the Cape Fear Memorial Bridge (mile 23.6).
of the existing Bald Head Shoal Channel. Upstream end of Upstream end of the work area (approximately mile 26.7) is
the work area is located 1,200 feet downstream of the on the Northeast Cape Fear River and is approximately 700
intersection of Snows Marsh Channel and Horseshoe Shoal feet upstream of the turning basin located opposite Koch
Channel at turn six (mile 6.5, approximately 1,150 feet Sulfur Products Co. and approximately 90 feet downstream

588
of the submerged gas pipeline crossing. not less than 48 hours before intended operation and must
state the need and describe the proposal.
(f) Regulations.
[CGD05-01-006, 66 FR 39099, July 27, 2001, as amended
(1) Blasting, drilling, and dredging operations raise many by USCG-2011-0368, 76 FR 26605, May 9, 2011]
safety issues for vessels transiting the RNA. All mariners are
reminded to exercise caution while transiting or operating in 165.552 Security Zone; Oyster Creek Generation
the RNA. Station, Forked River, Ocean County, New Jersey.
(a) Location. The following area is a security zone: Starting
(2) Active work areas, control vessels, and blast sites will be at the south branch of the Forked River in the vicinity of the
identified via Broadcast Notices to Mariners or Local Notices Oyster Creek Generation Station, bounded by a line
to Mariners. The Local Notice to Mariners is available on-line beginning at 394912.0 N, 0741213.0 W; thence
at www.navcen.uscg.gov/lnm/d5/. Control vessels shall to 394839.7 N, 074120 W; along the shoreline,
monitor channel 16 VHF-FM. thence to 394840.0 N, 074120.3 W; thence to
394911.8 N, 0741210.5 W; thence back along
(3) The following requirements apply to all vessels.
the shoreline to the beginning point. All coordinates
reference Datum: NAD 1983.
(i) All vessels shall inform themselves of the active work
areas prior to entering the RNA.
(b) Regulations.
(ii) All vessels shall contact and receive permission from the
(1) All persons are required to comply with the general
control vessel for that work area before entering the active
regulations governing security zones in 165.33 of this part.
work area.
(2) No person or vessel may enter or navigate within this
(iii) All vessels transiting an active work area shall do so at
security zone unless authorized to do so by the Coast Guard
no wake speed or the minimum speed necessary to maintain
or designated representative. Any person or vessel
steerage.
authorized to enter the security zones must operate in strict
conformance with any directions given by the Coast Guard
(iv) During blasting operations all vessels are prohibited from
or designated representative and leave the security zone
entering an area of 500 yards surrounding the blast site.
immediately if the Coast Guard or designated representative
Upon notification of a misfire or hangfire, all vessels
so orders.
underway in the RNA shall proceed to clear the active work
area in which the misfire or hangfire occurred.
(3) The Coast Guard or designated representative enforcing
this section can be contacted on VHF Marine Band Radio,
(4) Vessels over 300 gross tons and tugs with tows are
channels 13 and 16. The Captain of the Port can be
required to contact the COTP 12 hours before vessel
contacted at (215) 271-4807.
movement within the RNA.
(4) The Captain of the Port will notify the public of any
(5) Vessels meeting the notice of arrival requirements under
changes in the status of this security zone by Marine Safety
33 CFR 160.207 are encouraged to notify the COTP at least
Radio Broadcast on VHF-FM marine band radio, channel 22
48-hours before the vessel enters the RNA to facilitate
(157.1 MHZ).
scheduling and minimize delays. Updates are encouraged at
least 12 hours before arriving at the RNA boundaries. The
(c) Definitions. For the purposes of this section, Captain of
COTP may delay entry into the RNA to accommodate other
the Port means the Commanding Officer of the Coast Guard
commercial traffic.
Sector Delaware Bay, or any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the
(6) Vessels of 300 gross tons or greater shall be prohibited
Captain of the Port to act as a designated representative on
from entering the RNA when they are advised that a misfire
his behalf.
or hangfire has occurred.
[CGD05-03-111, 69 FR 5284, Feb. 4, 2004]
(7) For any vessel with another vessel/barge in tow transiting
an active work area, the hawser or wire length of the tow
165.553 Security Zone; Salem and Hope Creek
shall not exceed 275 feet, measured from the towing bit on
Generation Stations, Delaware River, Salem County,
the tug to the point where the hawser or wire connects with
New Jersey..
the towed vessel or barge.
(a) Location. The following area is a security zone: the
waters of the Delaware River in the vicinity of the Salem and
(8) Vessels of 300 gross tons or greater and tugs with tows,
Hope Creek Generation Stations bounded by a line drawn
shall, prior to entering the RNA, ensure that they have
sufficient propulsion and directional control to safely navigate from a point located at 392808.0 N, 0753231.7
the RNA under the prevailing conditions. W to 392806.5 N, 0753247.4 W, thence to
392728.4 N, 0753215.8 W, thence to 3927
(9) Vessels of 300 gross tons or greater and tugs with tows 28.8 N, 0753156.6 W, thence to 392739.9 N,
are prohibited from meeting or overtaking vessels of 300 0753151.6 W, thence along the shoreline to the point
gross tons or greater or tugs with tows in active work areas of 392808.0 N, 0753231.7 W. All coordinates
or within one nautical mile of an active work area. reference Datum: NAD 1983.
(10) The Captain of the Port, North Carolina may, upon (b) Regulations.
written request, authorize a deviation from any regulation in
this section if it is found that the proposed operations can be (1) All persons are required to comply with the general
done safely. An application for deviation must be received regulations governing security zones in 165.33 of this part.

589
(2) No person or vessel may enter or navigate within this shoreline of the Indian River to a position 1,300 yards south
security zone unless authorized to do so by the Coast Guard of the NASA Causeway at 2830'54" N, 8043'42" W (the
or designated representative. Any person or vessel line from the barge canal to the eastern shoreline of the
authorized to enter the security zones must operate in strict Indian River is marked by a three-strand barbed-wire fence),
conformance with any directions given by the Coast Guard then north along the shoreline of the Indian River to the
or designated representative and leave the security zone NASA Causeway at 2831'30" N, 8043'48" W. The line
immediately if the Coast Guard or designated representative continues west on the southern shoreline of the NASA
so orders. Causeway to NASA Gate 3 (permanent), then north to the
northern shoreline of the NASA Causeway and east on the
(3) The Coast Guard or designated representative enforcing northern shoreline of the causeway back to the shoreline on
this section can be contacted on VHF Marine Band Radio, Merritt Island at position 2831'36" N, 8043'42" W, then
channels 13 and 16. The Captain of the Port can be northwest along the shoreline to 2841'01.2" N, 8047'10.2"
contacted at (215) 271-4807. W. (Blackpoint); then due north to channel marker #6 on the
Intracoastal Waterway (ICW), then northeast along the
(4) The Captain of the Port will notify the public of any southern edge of the ICW to the western entrance to the
changes in the status of this security zone by Marine Safety Haulover Canal. From this point, the line continues northeast
Radio Broadcast on VHF-FM marine band radio, channel 22 along the southern edge of the Haulover Canal to the
(157.1 MHZ). eastern entrance to the canal; then due east to a point in the
Atlantic Ocean 3 miles offshore at 2844'42" N, 8037'51" W;
(c) Definitions. For the purposes of this section, Captain of then south along a line 3 miles from the coast to Wreck Buoy
the Port means the Commanding Officer of the Coast Guard "WR6", then to Port Canaveral Channel Lighted Buoy 10,
Sector Delaware Bay, or any Coast Guard commissioned, then west along the northern edge of the Port Canaveral
warrant, or petty officer who has been authorized by the Channel to the northeast corner of the intersection of the
Captain of the Port to act as a designated representative on Cape Canaveral Barge Canal and the ICW in the Banana
his behalf. River at 2824'36" N, 8038'42" W. The line continues north
along the eastside of the Intracoastal Waterway to day
[CGD05-03-113, 69 FR 5279, Feb. 4, 2004] marker `35' thence North Westerly one quarter of a mile
south of NASA Causeway East (Orsino Causeway) to the
165.555 Safety Zone; Delaware River. shoreline on Merritt Island at position 2830.95' N, 8037.6'
(a) Definition. As used in this section, Captain of the Port W, then south along the shoreline to the starting point.
means the Commander of Sector Delaware Bay or any
Coast Guard commissioned, warrant or petty officer who has (b) The area described in paragraph (a) of this section is
been authorized by the Captain of the Port to act on his closed to all vessels and persons, except those vessels and
behalf. The Captain of the Port may be contacted by persons authorized by the Commander, Seventh Coast
telephone at (215) 271-4807 or via VHF marine band radio, Guard District, or the COTP Jacksonville, Florida, whenever
channel 16. space vehicles are to be launched by the United States
Government from Cape Canaveral.
(b) Location. The following area is a safety zone: All waters
located within a 150-yard radius around the dredging (c) COTP Jacksonville, Florida, closes the security zone, or
operation and barge, conducting dredging operations in or specific portions of it, by means of locally promulgated
near the Marcus Hook Range in the vicinity of Anchorage 7. notices. The closing of the area is signified by the display of
a red ball from a 90-foot pole near the shoreline at
(c) Enforcement. This safety zone will be enforced annually approximately 2835'00" N, 8034'36" W, and from a 90-foot
beginning on September 1 through December 31. pole near the shoreline at approximately 2825'18" N,
8035'00" W. Appropriate Local Notices to Mariners will also
(d) Regulations. be broadcast on 2670 KHZ.

(1) All persons are required to comply with the general [CGD 79-034, 47 FR 29660, July 8, 1982, as amended by
regulations governing safety zones in 33 CFR 165.23 of this CGD 7-82-10, 48 FR 11696, Mar. 21, 1983; 63 FR 35524,
part. June 30, 1998]

(2) All Coast Guard vessels enforcing this safety zone or 165.703 Security Zones; Tampa Bay: Big Bend, Boca
watch officers aboard the Dredge and Barge can be Grande, Crystal River, East Bay, Hillsborough Bay,
contacted on VHF marine band radio, channel 16. The MacDill Air Force Base, Manbirtee Key, Old Port Tampa,
Captain of the Port may be contacted by telephone at (215) Port Manatee, Port Tampa, Port St. Petersburg, Port
271-4807 or via VHF marine band radio, channel 16. Sutton, Rattlesnake, and Weedon Island, FL.
(a) Regulated areas. The following areas, denoted by
[CGD05-04-035, 70 FR 40887, July 15, 2005] coordinates fixed using the North American Datum of 1983
(World Geodetic System 1984) are security zones:
Seventh Coast Guard District
(1) Security zones for facilities and structures-
165.701 Vicinity, Kennedy Space Center, Merritt Island,
Florida-Security Zone. (i) Rattlesnake, Tampa, FL. All water, from surface to
(a) The water, land, and land and water within the bottom, in Old Tampa Bay east and south of the waters
following boundaries are a security zone-The perimeter encompassed within position 2753.32' N, 08232.05' W;
of the Cape Canaveral Barge Canal and the Banana River at thence to 2753.38' N, 08232.05' W, including on land
2824'33" N, 8039'48" W; then due west along the northern portions of Chemical Formulators Chlorine Facility, where
shoreline of the barge canal for 1,300 yards; then due north the fenced area is bounded by a line connecting the
to 2828'42" N, 8040'30" W, on Merritt Island. From this following points: 2753.21' N, 08232.11' W; thence to
position, the line proceeds irregularly to the eastern 2753.22' N, 08232.23' W; thence to 2753.25' N,

590
08232.23' W; thence to 2753.25' N, 08232.27' W; thence to 2756.53' N, 08226.90' W.
to 2753.29' N, 8232.25' W; thence to 2753.30' N,
08232.16' W; thence to 2753.21' N, 08232.11' W. (viii) St. Petersburg Harbor, FL. All waters, from surface to
bottom, extending 50 yards from the seawall and around all
(ii) Old Port Tampa, Tampa, FL. All waters, from surface to moorings and vessels in St. Petersburg Harbor (Bayboro
bottom, in Old Tampa Bay encompassed within the following Harbor), commencing on the north side of the channel at day
points: 2751.62' N, 08233.14' W; thence to 2751.71' N, beacon "10" (LLNR 24995) in approximate position 2745.56'
08232.5' W; thence to 2751.76' N, 08232.5' W; thence to N, 08237.55' W, and westward along the seawall to the end
2751.73' N, 08233.16' W; thence to 2751.62' N, of the cruise terminal in approximate position 2745.72' N,
08233.14' W, closing off the Old Port Tampa Channel. 08237.97' W. The zone will also include the Coast Guard
south moorings in St. Petersburg Harbor. The zone will
(iii) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, extend 50 yards around the piers commencing from
from surface to bottom, in Cut "A" channel beneath the approximate position 2745.51' N, 08237.99' W; to
bridge's main span encompassed within the following points: 2745.52' N, 08237.57' W. The southern boundary of the
2737.30' N, 08239.38' W; 2737.13' N, 08239.26' W; and zone is shoreward of a line between the entrance to Salt
the bridge structure columns, base and dolphins. This zone Creek easterly towards day beacon "11" (LLNR 24990).
is specific to the bridge structure and dolphins and does not
include waters adjacent to the bridge columns or dolphins (ix) Crystal River Nuclear Power Plant. All waters, from
outside of the bridge's main span. Any vessel may transit surface to bottom, around the FL, Power Crystal River
through this zone but, may not loiter, anchor, or conduct Nuclear Power Plant located at the end of the Florida Power
operations, including dredging, dive operation, surveying, or Corporation Channel, Crystal River, Florida, encompassed
maintenance, unless otherwise directed by the Captain of by a line connecting the following points: 2856.87' N,
the Port. Anyone wanting to conduct these operations must 08245.17' W; thence to 2857.37' N, 08241.92' W; thence
submit a request via email to WWMTampa@uscg.mil or to 2856.79' N, 08245.13' W; thence to 2857.32' N,
contact the Sector Command Center after hours at 08241.92' W.
727.824.7506.
(x) Crystal River Demory Gap Channel. All waters, from
(iv) Manbirtee Key, Port of Manatee, FL. All waters, from surface to bottom, in the Demory Gap Channel in Crystal
surface to bottom, surrounding, surrounding Manbirtee Key, River, Florida, encompassed by the following points:
Tampa Bay, FL extending 500 yards from the island's 2857.61' N, 08243.42' W thence to; 2857.55' N,
shoreline, in all directions, not to include the Port Manatee 08241.88' W thence to; 2857.58' N, 08243.42' W thence
Channel. to; 2857.51' N, 08241.88' W.

(v) MacDill Air Force Base, Tampa Bay, FL. All waters (xi) Big Bend Power Plant, FL. All waters of Tampa Bay,
encompassed within the following coordinates: 2751.88' N, from surface to bottom, adjacent to the Big Bend Power
08229.31' W; thence to 2752.01' N, 08228.85' W; thence Facility, and within an area bounded by the following points:
to 2751.48' N, 08228.17' W; thence to 2751.02' N, 2748.08' N, 08224.88' W; thence to 2748.15' N,
08227.76' W; thence to 2750.72' N, 08227.61' W; thence 08224.96' W; thence to; 2748.10' N, 08225.00' W; thence
to 2750.33' N, 08227.59' W; thence to 2749.65' N, to 2747.85' N, 08225.03' W; thence to 2747.58' N,
08227.73' W; thence to 2749.34' N, 08227.79' W; thence 08224.89' W; thence to 2747.58' N, 08224.06' W; thence
to 2749.10' N, 08227.88' W; thence to 2748.88' N, to; 2747.62' N, 08224.04' W; thence to 2747.63' N,
08228.10' W; thence to 2748.76' N, 08228.54' W; thence 08224.71' W; thence to 2748.03' N, 08224.70' W; thence
to 2748.87' N, 08229.44' W; thence to 2749.06' N, to 2748.08' N, 08224.88' W, closing off entrance to Big
08230.39' W; thence to 2748.75' N, 08231.17' W; thence Bend Power Facility and the attached cooling canal.
to 2749.16' N, 08232.41' W; thence to 2749.64' N,
08233.04' W; thence to 2749.95' N, 08232.75' W; thence (xii) Weedon Island Power Plant, FL. All waters of Tampa
to 2750.09' N, 08232.81' W; thence to 2750.56' N, Bay, from surface to bottom, extending 50 yards from the
08232.75' W; thence to 2750.71' N, 08232.18' W. shore, seawall and piers around the Power Facility at
Weedon Island encompassed by the following points:
(vi) Piers, seawalls, and facilities, Port of Tampa and 2751.52' N, 08235.82' W; thence along the shore to;
Port Sutton, Tampa, FL. All waters, from surface to bottom, 2751.54' N, 08235.78' W; thence to 2751.89' N,
extending 50 yards from the shore, seawall, and piers 08235.82' W; thence to 2751.89' N, 08236.14' W, closing
around facilities in Port Sutton within the Port of Tampa off the entrance to both canals.
encompassed by a line connecting the following points:
2754.15' N, 08226.06' W; thence to; 2754.46' N, (2) Vessel specific security zones-
08225.71' W; closing off all Port Sutton Channel.
(i) Moving security zones for Cruise Ships and vessels
(vii) Piers, seawalls, and facilities, Port of Tampa, on the carrying Especially Hazardous Cargos. The following
western side of Hooker's Point, Tampa, FL. All waters, security zones and procedures are established for all waters,
from surface to bottom, extending 50 yards from the shore, from surface to bottom, within a 500-yard radius, as outlined
seawall, and piers around facilities on Hillsborough Bay below:
northern portion of Cut "D" Channel, Sparkman Channel,
Ybor Turning Basin, and Ybor Channel within the Port of (A) For inbound vessels commencing at Egmont Channel
Tampa encompassed by a line connecting the following Lighted Buoys "9" (LLNR 22270) and "10" (LLNR 22275)
points: 2754.74' N, 08226.47' W; thence to 2755.25' N, through to berth.
08226.73' W; thence to 2755.60' N, 08226.80' W; thence
to 2756.00' N, 08226.75' W; thence to 2756.58' N, (B) For shifting vessels from their departure berth to
08226.53' W; thence to 2757.29' N, 08226.51' W; thence destination berth.
to 2757.29' N, 08226.61' W; thence to 2756.65' N,
08226.63' W; thence to 2756.58' N, 08226.69' W; thence (C) For outbound vessels commencing at berth through to

591
Egmont Channel Lighted Buoys "9" (LLNR 22270) and "10" and Special Programs Administration exemption. This
(LLNR 22275). includes ammonium nitrate fuel oil mixture.

(D) All subject vessels operating in the Captain of the Port St. Especially hazardous cargo means anhydrous ammonia,
Petersburg Zone shall follow the reporting requirements in ammonium nitrate, chlorine, liquefied natural gas, liquefied
33 CFR part 160, subpart C. petroleum gas, and any other substance, material, or group
or class in a particular amount and form that the Secretary
(E) Any vessel desiring to enter or transit the security zone determines by regulation poses a significant risk of creating
shall obtain permission from the Captain of the Port St. a transportation security incident while being transported in
Petersburg or a designated representative. If permission is maritime commerce.
granted, all persons and vessels must comply with any given
instructions. (c) Regulations.

(ii) Fixed security zones for moored cruise ships and moored (1) Entry into or remaining on or within the zones described
vessels carrying especially hazardous cargos. A security in paragraph (a) of this section is prohibited unless
zone is established for all waters, from surface to bottom, authorized by the Captain of the Port St. Petersburg or a
within a 200-yard radius around moored cruise ships and designated representative.
moored vessels carrying especially hazardous cargos, as
outlined below: (2) Any changes to the requirements for these regulated
areas will be given by Broadcast Notice to Mariners on VHF-
(A) All subject vessels operating in the Captain of the Port St. FM Channel 22A.
Petersburg Zone shall follow reporting requirements in 33
CFR part 160, subpart C. Note to 165.703(c)(2): A graphical representation of all
fixed security zones will be made available through nautical
(B) Any vessel desiring to enter or transit the security zone charts via the Coast Pilot.
shall obtain permission from the Captain of the Port St.
Petersburg or a designated representative. If permission is (3) The Captain of Port St. Petersburg has provisions for
granted, all persons and vessels must comply with any given escorting especially hazardous cargos as described in the
instructions. above sections of this subchapter, but reserves the right to
establish additional provisions for any potentially hazardous
(C) No vessel may loiter, anchor, or conduct maintenance cargos.
operations within the security zone, unless otherwise
directed by the Captain of the Port St. Petersburg or a (4) Enforcement. Under 33 CFR 165.33, no person may
designated representative. This includes, but is not limited to authorize the operation of a vessel in the security zones
dredging operations, dive operations, and surveying. Anyone contrary to the provisions of this section.
wanting to conduct these operations must submit a request
via email to WWMTampa@uscg.mil or contact the Sector (d) The Captain of the Port St. Petersburg may waive any of
Command Center after hours at 727.824.7506. the requirements of this subpart for any vessel, facility, or
structure upon finding that the vessel or class of vessel,
(b) Definitions. As used in this section: operational conditions, or other circumstances are such that
application of this subpart is unnecessary or impractical for
Ammonium nitrate means ammonium nitrate and purposes of port safety and security or environmental safety.
ammonium nitrate based fertilizers listed as Division 5.1
(oxidizing) materials as defined in 33 CFR 172.101 except [CGD7-85-32, 51 FR 28382, Aug. 7, 1986 as amended by
when carried as CDC residue. CGD07-87-07, 52 FR 31763, Aug. 24, 1987; 65 FR 9221,
Feb. 24, 2000;FR Doc. 2014-29582 Filed 12-16-14; 8:45 am]
Captain of the Port (COTP) for the purpose of this section
means the Commanding Officer of Coast Guard Sector St. 165.704 [Reserved]
Petersburg.
165.705 Port Canaveral Harbor, Cape Canaveral,
Captain of the Port St. Petersburg Zone as defined in 33 Florida.
CFR 3.35-35. (a) Security Zone A-East (Trident) Basin, Port Canaveral
Harbor, at Cape Canaveral Air Force Station, Brevard
Commercial vessels means any tank, bulk, container, County, Florida. All waters of the East Basin north of latitude
cargo, cruise ships, pilot vessels, or tugs. This definition 2824'36"N.
excludes fishing vessels, salvage vessels, dead ship tow
operations. (b) Security Zone B-Middle Basin, Port Canaveral Harbor,
adjacent to the Navy wharf at Cape Canaveral Air Force
Cruise Ship means the same as defined 33 CFR 101.105. Station, Brevard County, Florida. The waters of Port
Canaveral Harbor within a line circumscribing the water
Designated representative means Coast Guard Patrol approaches to the Navy wharf along the northeasterly edge
Commanders including Coast Guard coxswains, petty of the Port Canaveral Harbor turning basin at a distance of
officers and other officers operating Coast Guard vessels, 200 feet from all portions of the wharf including the dolphins
and federal, state, and local officers designated by or located 200 feet off the northwest end and 75 feet off the
assisting the COTP, in the enforcement of regulated southeast end of the wharf.
navigation areas, safety zones, and security zones.
(c) Entrance into these zones by vessels other than vessels
Certain dangerous cargo includes Division 1.5D blasting owned or leased by the United States is prohibited without
agents for which a permit is required under 49 CFR 176.415 permission of the Captain of the Port, Jacksonville, Florida.
or, for which a permit is required as a condition of Research

592
(d) The general regulations governing security zones FL.
contained in 33 CFR 165.33 apply. (a) Regulated area. A moving safety zone is established in
the following area:
[CGD7 87-38, 53 FR 38718, Oct. 3, 1988; CGD7 87-38, 54
FR 611, Jan. 9, 1989; CGD7 89-21, 54 FR 26198, June 22, (1) The waters around naval aircraft carriers entering Port
1989] Everglades in an area 700 yards forward, 500 yards astern
and 350 yards on either side of each vessel, beginning at the
165.708 Safety/Security Zone; Charleston Harbor And Port Everglades Sea Buoy in approximate position 26
Cooper River, Charleston, SC. 05.5 N, 8004.8 W and continuing until the vessel is
(a) Regulated area. The following boundaries are safely moored in approximate position 2604.9 N, 80
established as a safety and security zone during specified
06.9 W. All coordinates referenced use datum: NAD 83.
conditions:
(2) The waters around naval aircraft carriers departing Port
(1) All waters 200 yards ahead and astern and 100 yards to
Everglades in an area 700 yards forward, 500 yards astern
each side of a vessel transporting nuclear materials while
and 350 yards on either side of each vessel beginning at the
the vessel transits from Charleston Harbor Entrance Buoy
C (LLNR 1885, position 32-39.6N, 079-40.9W) to the Pier in approximate position 2604.9N, 8006.9W,
Charleston Naval Weapons Station (position 32-55.4N, 079- and continuing until the stern passes the Port Everglades
56.0W) on the Cooper River. All coordinates referenced use Sea Buoy, in approximate position 26 05.5 N, 80
datum: NAD 1983. 04.8 W. All coordinates referenced use datum: NAD 83.

(2) All waters within 100 yards of the vessel described in (b) Regulations.
paragraph (a)(1) of this section while the vessel is
conducting cargo operations at the Charleston Naval (1) No person or vessel may enter, transit, or remain in the
Weapons Station. safety zone unless authorized by the Captain of the Port,
Miami, Florida, or a Coast Guard commissioned, warrant, or
(b) Captain of the Port Charleston will announce the petty officer designated by him.
activation of the safety/security zones described in
paragraph (a) of this section by Broadcast Notice to Mariners. (2) Vessels encountering emergencies which require transit
The general regulations governing safety and security zones through the moving safety zone should contact the Coast
contained in 165.23 and 165.33 apply. Guard patrol craft on VHF Channel 16. In the event of an
emergency, the Coast Guard patrol craft may authorize a
[COTP Charleston 96-034, 61 FR 68156, Dec. 27, 1996] vessel to transit through the safety zone with a Coast Guard
designated escort.
165.709 Security Zone; Charleston Harbor, Cooper
River, South Carolina. (3) All persons and vessels shall comply with the instructions
(a) Regulated area. The Coast Guard is establishing a fixed of on-scene patrol personnel. On-scene patrol personnel
security zone on all waters of the Cooper River, bank-to- include commissioned, warrant, or petty officers of the U.S.
bank and surface to bottom, from the Don Holt I-526 Bridge Coast Guard. Coast Guard Auxiliary and local or state
to the intersection of Foster Creek at a line on 32 degrees 58 officials may be present to inform vessel operators of this
minutes North Latitude. regulation and other applicable laws.

(b) Enforcement period. This section will be enforced when [COTP MIAMI 96-054, 62 FR 32201, June 13, 1997]
security assets are on scene and Sector Charleston has 165.714 Regulated Navigation Area; Atlantic Ocean,
notified the maritime community that an Enforcement Period Charleston, SC
is in effect. Sector Charleston will notify the maritime (a) Location. The following area is a Regulated Navigation
community by broadcast notice to mariners on VHF Marine Area: A trapezoid at the water surface, and the entire water
Band Radio, Channel 16 (156.8 MHz), or Marine Safety column from surface to seabed inclusive of the vessel,
Information Bulletins, or actual notice from on scene security bounded by the following four coordinates:
assets enforcing the security zone.
Latitude Longitude
(c) Regulations. During enforcement of the security zone Western boundary 3242'56" N 7947'34" W
described in paragraph (a) of this section, vessels or Southernboundary 3242'32" N 7946'42" W
persons are prohibited from entering, transiting, mooring, Eastern boundary 3243'26" N 7945'27" W
anchoring, or loitering within the security zone unless Northern oundary 3243'56" N 7946'08" W
authorized by the Captain of the Port Charleston, South (NAD 83)
Carolina or his or her designated representative.
(b) Regulations. In accordance with the general regulations
(1) Persons desiring to transit the Regulated Area may in 165.23 of this part, all vessels and persons are prohibited
contact the Captain of the Port via VHF-FM channel 16 or by from anchoring, diving, laying cable or conducting salvage
telephone at (843) 720-3240 and request permission to operations in this zone except as authorized by the Captain
transit the security zone. of the Port.

(2) If permission to transit the security zone is granted, all [60 FR 45046, Aug. 30, 1995]
persons and vessels must comply with the instructions of the
Captain of the Port or his or her designated representative. 165.720 Safety Zone; Natural and Other Disasters in
Ports of Jacksonville, Fernandina, and Canaveral,
[COTP Charleston 05-037, 70 FR 43282, July 27, 2005] Florida.
(a) Regulated Areas. The following areas are established
165.711 Safety Zone: Port Everglades, Fort Lauderdale, as safety zones during the specified conditions:

593
(1) Fernandina, FL. All waters within the Cumberland Sound (2) Hurricane Port Condition ZULU. All commercial,
and Amelia River encompassed within the following oceangoing vessels and barges over 500 GRT as measured
locations: starting at the demarcation line drawn across the under Title 46 United States Code Section 14502 or an
seaward extremity of the St. Marys River Entrance Jetties; alternate tonnage established as 6,000 gross tonnage as
thence following the shoreline north to Stafford Island; measured under 46 U.S.C. 14302 (GT ITC) are prohibited
thence north to Point 1 in position 3050'00" N., 8129'10" from transiting or remaining in any of the regulated areas
W.; thence west to Point 2 in position 3050'00" N., designated as being in Port Condition ZULU within COTP
8130'47" W.; thence southwest to Kings Bay in position Zone Jacksonville. All ship-to-shore cargo operations must
3048'42" N., 8131'27" W.; thence south following the cease 6 hours prior to setting Port Condition Zulu.
shoreline south to point 3 in position 3040'30" N., 8128'38"
W.; thence southwest to R "18" at Point 4 3039'57" N., (3) Emergency Regulation for Other Disasters. Any
8129'04" W.; thence southeast to Point 5 3039'48" N., natural or other disasters that are to affect the Jacksonville
8128'57" W.; thence following the shoreline northeast back COTP Zone will result in the prohibition of commercial vessel
to origin. traffic over 500 GRT as measured under Title 46 United
States Code Section 14502 or an alternate tonnage
(2) Jacksonville, FL. All waters within the Port of established as 6,000 gross tonnage as measured under 46
Jacksonville, FL encompassed within the following locations: U.S.C. 14302 (GT ITC) transiting or remaining in any of the
starting at the demarcation line drawn across the seaward regulated areas predicted to be effected as designated by
extremity of the St. Johns River Entrance Jetties, thence the COTP Jacksonville.
following the northern riverbank west to the Sister's Creek
Bridge, thence following the riverbank west to the Interstate (4) Persons and vessels desiring to enter, transit through,
95 Trout River Bridge, thence following the riverbank south anchor in, or remain in the regulated area may contact the
to the Henry H. Buckman Bridge, thence following the Captain of the Port Jacksonville via telephone at (904) 564-
eastern riverbank back to origin. 7513, or a designated representative via VHF radio on
channel 16, to request authorization. If authorization to enter,
(3) Canaveral, FL. All waters within the Canaveral Barge transit through, anchor in, or remain in the regulated area is
Canal in Port Canaveral, FL encompassed within the granted by the Captain of the Port Jacksonville or a
following locations: starting at the demarcation line drawn designated representative, all persons and vessels receiving
across the seaward extremity of the Port Canaveral such authorization must comply with the instructions of the
Entrance Channel Jetties, thence following the northern Captain of the Port Jacksonville or a designated
shoreline west to the SR401 Bridge, thence following the representative.
southern shoreline back to origin.
(5) Coast Guard Sector Jacksonville will attempt to notify the
(4) All coordinates are North American Datum 1983. maritime community of periods during which these safety
zones will be in effect via Broadcast Notice to Mariners or by
(b) Definition. on-scene designated representatives.

(1) The term "designated representative" means Coast [USCG-2014-0152, 80 FR 11129, Mar. 2, 2015]
Guard Patrol Commanders, including Coast Guard
coxswains, petty officers, and other officers operating Coast 165.721 Safety Zone: St. Johns River, Jacksonville, FL
Guard vessels, and Federal, state, and local officers (a) Location. The following area is established as a safety
designated by or assisting the Captain of the Port zone during the specified conditions: The waters within a
Jacksonville in the enforcement of the regulated area. 500 yard radius of the fireworks barge or barges during the
storage, preparation, and launching of fireworks in the St.
(2) Hurricane Port Condition YANKEE. Set when weather Johns River between the Hart and Acosta Bridges.
advisories indicate that sustained Gale Force winds from a
tropical or hurricane force storm are predicted to make (b) Effective dates. This section becomes effective upon
landfall at the port within 24 hours. activation by the Captain of the Port by the broadcasting of a
local Notice to Mariners on appropriate VHF-FM radio
(3) Hurricane Port Condition ZULU. Set when weather frequencies. It terminates at the conclusion of the fireworks
advisories indicate that sustained Gale Force winds from a display unless terminated earlier by the Captain of the Port.
Tropical or hurricane force storm are predicted to make
landfall at the port within 12 hours. (c) Regulations.

(c) Regulations. (1) In accordance with the general regulations in 165.23 of


this part, anchoring, mooring or transiting in this zone is
(1) Hurricane Port Condition YANKEE. All commercial, prohibited unless authorized by the Captain of the Port or
oceangoing vessels and barges over 500 GRT as measured District Commander.
under Title 46 United States Code Section 14502 or an
alternate tonnage established as 6,000 gross tonnage as (2) This regulation does not apply to authorized law
measured under 46 U.S.C. 14302 (GT ITC) are prohibited enforcement agencies operating within the Safety Zone.
from entering in any of the regulated areas designated as
being in Port Condition YANKEE within the COTP Zone [COTP Jacksonville Reg. 94-027, 59 FR 55584, Nov. 8,
Jacksonville. Oceangoing commercial vessel traffic 1994]
outbound will be authorized to transit through the regulated
areas until Port Condition ZULU. Additionally, in the Port of 165.722 Security Zone: St. Johns River, Jacksonville,
Canaveral, no vessel, regardless of size or service, will be Florida.
allowed to transit through the Port Canaveral Barge Canal (a) Location. The water located within the following area is
upon the setting of Port Condition YANKEE. established as a security zone: beginning at the shoreline of
the St. Johns River at the northernmost property line of

594
Naval Air Station Jacksonville next to Timuquana Country granted by the Captain of the Port Jacksonville or a
Club, at 3014'39.5" N, 8140'45" W; thence northeasterly to designated representative, all persons and vessels receiving
3014'42" N, 8140'42" W; thence south remaining 400 feet such authorization must comply with the instructions of the
from the shoreline at mean high water; thence past Piney Captain of the Port Jacksonville or a designated
Point and Black Point to the northern edge of Mulberry representative.
Cover Manatee refuge, 400 feet from Naval Air Station
Jacksonville boat ramp, at 3013'00" N, 8140'23.5" W; (3) The Coast Guard will provide notice of the regulated area
thence southwesterly in a straight line to position 3012'14" via Broadcast Notice to Mariners or by on-scene designated
N, 8140'42" W; thence southerly, remaining 400' seaward of representatives.
the mean high water shoreline to 3011'40" N, 8141'15.5" W;
thence northwest to the point at the end of the property line (4) This regulation does not apply to authorized law
of Naval Air Station Jacksonville just north of the Buckman enforcement agencies operating within the regulated area.
Bridge at position 3011'42.30" N, 8141'23.66" W; thence Dated: February 19, 2015.
northeasterly along the mean high water shoreline of the St.
Johns River and Mulberry Cove to the point of beginning. [USCG-2014-0152, 80 FR 11130, Mar. 2, 2015]
Datum: NAD 83
165.726 Regulated Navigation Areas; Miami River,
(b) In accordance with the general regulations in 165.33 of Miami, Florida.
this part, no person or vessel may enter or remain in the (a) Location. The following are Regulated Navigation Areas:
zone without the permission of the Captain of the Port
Jacksonville, Florida. All other portions of 165.33 remain (1) All the waters of the Miami River, Miami, Florida, from the
applicable. Brickell Avenue Bridge, in approximate position 25-46.19' N,
80-11.4' W, inland to the South Florida Water Management
(c) This regulation does not apply to Coast Guard vessels District's salinity dam in approximate position 25-48.4' N,
and authorized law enforcement vessels operating within the 80-15.6' W.
Security Zone.
(2) The Tamiami Canal from its intersection with the Miami
[60 FR 65570, Dec. 20, 1995] river in approximate position 2547.7' N, 8014.7' W to the
N.W. 37th Avenue bridge in approximate position 2548.5' N,
165.723 Safety Zone; Firework Displays in Captain of 8015.5' W. All coordinates referenced use datum: NAD 83.
the Port Zone Jacksonville, Florida.
(a) Regulated Area. The following area is established as a (b) Regulations. The restrictions in this paragraph apply to
safety zone during the specified conditions: All waters within vessels operating within the regulated navigation areas in
the Jacksonville COTP Zone within a 500 yard radius of a paragraph (a) of this section unless authorized to deviate by
firework barge or barges during the storage, preparation, the Captain of the Port, Miami, Florida, or a Coast Guard
and launching of fireworks. commissioned, warrant, or petty officer designated by him.

(1) The Coast Guard realizes that some large scale events, (1) All rafted vessels (inboard and outboard) must be
such as those with many participants or spectators, or those properly moored in accordance with applicable municipal
that could severely restrict navigation or pose a significant laws and regulations.
hazard, may still require separate special local regulations or
safety zones that address the specific peculiarities of the (2) At no time shall any vessels be rafted more than two
event. In those situations, the Coast Guard will create abreast.
special local regulations or safety zones specifically for the
event, and those regulations will supersede the regulations (3) Neither single nor rafted vessels shall extend greater
in this rule. than 54 feet into the main river (measured from the dock)
without permission of the Captain of the Port.
(2) All coordinates are North American Datum 1983.
(4) A minimum channel width of 65 feet shall be maintained
(b) Definition. The term "designated representative" means at all times on the Miami River from the Brickell Avenue
Coast Guard Patrol Commanders, including Coast Guard Bridge west to the Tamiami Canal. A minimum channel width
coxswains, petty officers, and other officers operating Coast of 45 feet shall be maintained at all times on the Miami River
Guard vessels, and Federal, state, and local officers west of the junction of the Miami River and the Tamiami
designated by or assisting the Captain of the Port Canal to the South Florida Water Management District's
Jacksonville in the enforcement of the regulated area. salinity dam, as well as on the Tamiami Canal from its mouth
to the N.W. 37th Avenue Bridge.
(c) Regulations.
(5) All moored and rafted vessels shall provide safe access
(1) All persons and vessels are prohibited from entering, from the shore.
transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Coast Guard (6) All moored and rafted vessels shall provide clear and
Captain of the Port Jacksonville or a designated ready access for and-based firefighters to safely and quickly
representative. reach outboard rafted vessels.

(2) Persons and vessels desiring to enter, transit through, (7) No vessels shall moor or raft in any manner as to impede
anchor in, or remain in the regulated area may contact the safe
Captain of the Port Jacksonville via telephone at (904) 564- passage of another vessel to any of the tributaries of the
7513, or a designated representative via VHF radio on Miami River.
channel 16, to request authorization. If authorization to enter,
transit through, anchor in, or remain in the regulated area is (8) Nothing in these regulations shall prohibit the U.S. Army

595
Corps of Engineers from requiring the relocation or (2) Zone B. 100 yards in all directions on land and 200 yards
movement of vessels in a declared flood emergency. on water from the eastern end of Transit Shed 1B2 to the
east shore of Alligator Creek at Blount Island Terminal,
(c) Enforcement. Violations of these regulated navigation Jacksonville, Florida.
areas should be reported to the Captain of the Port, Miami.
Persons in violation of these regulations will be subject to (3) Zone C: 100 yards in all directions on land from Gate
civil penalty under 165.13(b) of this part. berth 1B1 and all waters within the Back River (locally known
as the Gate Slip) on Blount Island, Jacksonville, Florida,
[62 FR 50511, Sept. 26, 1997] commencing from a line drawn between the southwesterly
most shore point latitude 3023'34", longitude 8130'52" and
165.728 Jacksonville, Florida-Safety Zones. the southeasterly most shore point latitude 3023'38",
(a) The water, land, and land and water within the following longitude 8130'36".
boundaries are established as safety zones during the
specified conditions: (b) The areas described in paragraph (a) of this section shall
be closed to all vessels and persons, except those vessels
(1) Zone A. 200 yards in all directions around any specified and persons authorized by the Commander, Seventh Coast
Maritime Prepositioned Ship as it transits between the St. Guard District or the Captain of the Port, Jacksonville,
Johns River entrance sea buoy (STJ) and its berth inside the Florida, whenever specified Maritime Prepositioned Ships
Mayport Basin (Ribault Bay), Mayport, Florida. The are transiting the St. Johns River (Zone A), moored at Blount
prescribed safety zone will also be in effect as the vessel Island (Zone B), or moored at Gate Terminal (Zone C).
transits to its berth at Blount Island Marine Terminal,
Jacksonville, Florida. (c) The general regulations governing security zones
contained in 33 CFR 165.33 apply.
(2) Zone B. 100 yards in all directions on land and 200 yards
on water from the eastern end of Transit Shed 1B2 to the (d) The Captain of the Port Jacksonville, Florida will activate
east shore of Alligator Creek at Blount Island Terminal, the security zones or specific portions of them by issuing a
Jacksonville, Florida. local broadcast notice to mariners. The closing of the area at
Blount Island, described above, will be signified by the
(3) Zone C: 100 yards in all directions on land from Gate display of a rotating yellow light located on the waterfront at
berth 1B1 and all waters within the Back River (locally known Blount Island Marine Terminal or at the Gate Terminal Berth
as the Gate Slip) on Blount Island, Jacksonville, Florida, #1.
commencing from a line drawn between the southwesterly
most shore point latitude 3023'34", longitude 8130'52" and [CGD7 87-16, 52 FR 23443, June 22, 1987, as amended by
the southeasterly most shore point latitude 3023'38", CGD7 91-34, 56 FR 22827, May 17, 1991]
longitude 8130'36".
165.730 King's Bay, Georgia-Regulated Navigation Area.
(b) The areas described in paragraph (a) of this section may Vessels transiting in the water bounded by the line
be closed to all vessels and persons, except those vessels connecting the following points must travel no faster than
and persons authorized by the Commander, Seventh Coast needed for steerageway:
Guard District or the Captain of the Port, Jacksonville,
Florida, whenever specified Maritime Prepositioned Ships Latitude Longitude
are transiting the St. Johns River (Zone A), moored at Blount 3048'00.0" N 08129'24.0" W
Island (Zone B), or moored at Gate Terminal (Zone C). 3046'19.5" N 08129'17.0" W
3047'35.0" N 08130'16.5" W
(c) The general regulations governing safety zones
contained in 33 CFR 165.23 apply. [CGD7 88-46, 54 FR 20574, May 12, 1989; 58 FR 38056,
July 15, 1993]
(d) The Captain of the Port Jacksonville, Florida will activate
the safety zones or specific portions of them by issuing a 165.731 Safety/Security Zone: Cumberland Sound,
local broadcast notice to mariners. The closing of the area at Georgia and St. Marys River Entrance Channel.
Blount Island, described above, will be signified by the (a) Location. A permanent safety/security zone is
display of a rotating yellow light located on the waterfront at established within the following coordinates, the area
Blount Island Marine Terminal or at the Gate Terminal Berth enclosed by a line starting at:
#1.
3044'55" N, 08129'39" W; thence to 3044'55" N,
[CGD7 87-15, 52 FR 23442, June 22, 1987, as amended by 08129'18" W; thence to
CGD7 91-33, 56 FR 22826, May 17, 1991] 3046'35" N, 08129'18" W; thence to 3047'02" N,
08129'34" W; thence to
165.729 Jacksonville Harbor, Florida-Security Zone. 3047'21" N, 08129'39" W; thence to 3048'00" N,
(a) The water, land, and land and water within the following 08129'42" W; thence to
boundaries are established as security zones during the 3049'07" N, 08129'56" W; thence to 3049'55" N,
specified conditions: 08130'35" W; thence to
3050'15" N, 08131'08" W; thence to 3050'14" N,
(1) Zone A. 200 yards in all directions around any specified 08131'30" W; thence to
Maritime Prepositioned Ship as it transits between the St. 3049'58" N, 08131'45" W; thence to 3049'58" N,
Johns River entrance sea buoy (STJ) and its berth inside the 08132'03" W; thence to 3050'12" N, 08132'17" W; thence
Mayport Naval Basin (Ribault Bay), Mayport, Florida. The following the land based perimeter boundary to the point of
prescribed security zone will also be in effect as the vessel origin.
transits to its berth at Blount Island Marine Terminal,
Jacksonville, Florida. (b) A temporary safety/security zone, when activated by the

596
Captain of the Port, Jacksonville, Florida, encompasses all instance should minimum safe speed be interpreted as a
waters and land from bank to bank within Cumberland speed less than that required for a particular vessel to
Sound and the St. Marys Entrance Channel: the northern maintain steerageway. A vessel is not proceeding at
extent of this zone starts at the southern tip of Crab Island; minimum safe speed if it is:
lighted buoy number "1" at the mouth of the Amelia River
demarks the southern boundary; day marker number "2" at (1) On a plane;
the mouth of the St. Marys River indicates the western
boundary; and the eastern boundary extends out to three (3) (2) In the process of coming up onto or coming off a plane;
nautical miles in the Atlantic Ocean, with the zone also or
encompassing the waters within 1000 yards of the entrance
channel east of the jetties. (3) Creating an excessive wake.

(c) Regulations. (b) Regulated area. All navigable waters, as defined in 33


CFR 2.36, within the Captain of the Port Zone, Savannah,
(1) The Captain of the Port, Jacksonville, Florida will activate Georgia 33 CFR 3.35-15.
the temporary safety/security zone described in paragraph (b)
of this section by issuing a local broadcast notice to mariners. (c) Security zone. A 300-yard security zone is established
around each escorted vessel within the regulated area
(2) All persons and vessels in the vicinity of the described in paragraph (b) of this section. This is a moving
safety/security zone shall immediately obey any direction or security zone when the escorted vessel is in transit and
order of the Captain of the Port, Jacksonville, Florida. becomes a fixed zone when the escorted vessel is anchored
or moored. A security zone will not extend beyond the
(3) The general regulations governing safety and security boundary of the regulated area in this section.
zones contained in 33 CFR 165.23 and .33 apply. No person
or vessel may enter or remain within the designated zones (d) Regulations.
without the permission of the Captain of the Port,
Jacksonville, Florida. (1) The general regulations for security zones contained in
(4) This regulation does not apply to persons or vessels 165.33 of this part apply to this section.
operating under the authority of the United States Navy nor
to authorized law enforcement agencies. (2) A vessel may request the permission of the COTP
Savannah or a designated representative to enter the
[COTP Jacksonville Reg. 90-94, 55 FR 42374, Oct. 19, 1990] security zone described in paragraph (c) of this section. If
permitted to enter the security zone, a vessel must proceed
165.749 Security Zone: Escorted Vessels, Savannah, at the minimum safe speed and must comply with the orders
Georgia, Captain of the Port Zone. of the COTP or a designated representative. No vessel or
(a) Definitions. The following definitions apply to this section: person may enter the inner 50-yard portion of the security
zone closest to the vessel.
COTP means Captain of the Port Savannah, GA.
(e) Notice of security zone. The COTP will inform the
Designated representatives means Coast Guard Patrol public of the existence or status of the security zones around
Commanders including Coast Guard coxswains, petty escorted vessels in the regulated area by Broadcast Notice
officers and other officers operating Coast Guard vessels, to Mariners. Coast Guard assets or other Federal, State or
and Federal, State, and local officers designated by or local law enforcement agency assets will be clearly identified
assisting the COTP, in the enforcement of the security zone. by lights, vessel markings, or with agency insignia. When
escorted vessels are moored, dayboards or other visual
Escorted vessel means a vessel, other than a large U.S. indications such as lights or buoys may be used.
naval vessel as defined in 33 CFR 165.2015, that is
accompanied by one or more Coast Guard assets or other (f) Contact information. The COTP Savannah may be
Federal, State or local law enforcement agency assets reached via phone at (912) 652-4353. Any on scene Coast
clearly identifiable by lights, vessel markings, or with agency Guard or designated representative assets may be reached
insignia as listed below: via VHF-FM channel 16.

(1) Coast Guard surface or air asset displaying the Coast [USCG-2007-0157, 73 FR 37837, July 2, 2008]
Guard insignia.
165.751 Security Zone: LNG mooring slip, Savannah
(2) State and/or local law enforcement asset displaying the River, Savannah, Georgia.
applicable agency markings and/or equipment associated (a) Security zone. The following area is a security zone: All
with the agency. the waters from surface to bottom of the northeastern most
mooring dolphin located at approximately 32[deg]05.01
(3) When escorted vessels are moored, dayboards or other North, 080[deg]59.38 West, to the southeastern most
visual indications such as lights or buoys may be used. In all mooring dolphin located at approximately 32[deg]04.79
cases, broadcast notice to mariners will be issued to advise
North, 080[deg]59.35 West, and continues west along the
mariners of these restrictions.
North and South shoreline of the mooring slip to the
shoreline of the right descending bank of the Savannah
Minimum safe speed means the speed at which a vessel
River. All marine traffic is prohibited from entering this zone
proceeds when it is fully off plane, completely settled in the
unless authorized by the Captain of the Port (COTP).
water and not creating excessive wake. Due to the different
speeds at which vessels of different sizes and configurations
(b) Applicability. This section applies to all vessels
may travel while in compliance with this definition, no
including naval and other public vessels, except vessels that
specific speed is assigned to minimum safe speed. In no

597
are engaged in the following operations: (4) Prior to transiting the Skyway Bridge in either direction;

(1) Law enforcement, security, or search and rescue; (5) Prior to transiting the intersection of Tampa Bay Cut F
Channel, Tampa Bay Cut G Channel, and Gadsden Point
(2) Servicing aids to navigation; Cut Channel;

(3) Surveying, maintenance, or improvement of waters in the (6) Prior to anchoring or approaching a berth for docking;
security zone; or
(7) Prior to tending hawser;
(4) Actively engaged in escort, maneuvering, or support
duties for an LNG tankship. (8) Prior to transiting Point Pinellas Channel Light 1 in either
direction.
(c) Regulations. In accordance with the general regulations
in 165.33 of this part, entry into or movement within this (c) Each Navigational Advisory required by this section shall
zone is prohibited unless authorized by the Captain of the be made in the English language and will contain the
Port Savannah or vessels engaged in activities defined in following information:
paragraph (b).
(1) The words Hello all vessels, a Navigational Advisory
(d) Reporting of violations. Violations of this section should follows;
be reported to the Captain of the Port, Savannah, at (912)
652-4353. (2) Name of vessel;

[COTP SAVANNAH 06-160, 72 FR 27246, May 15, 2007] (3) If engaged in towing, the nature of the tow;

165.752 Sparkman Channel, Tampa, Florida-Regulated (4) Direction of Movement;


Navigation Area.
(a) A regulated navigation area is established to protect (5) Present location; and,
vessels from limited water depth in Sparkman Channel
caused by an underwater pipeline. The regulated navigation (6) The nature of any hazardous conditions as defined by 33
area is in Sparkman Channel between the lines connecting CFR 160.202.
the following points (referenced in NAD 83):
(d) Nothing in this section shall supersede either the
Latitude Longitude Latitude Longitude
International Regulations for Preventing Collisions at Sea,
1: 2756'20.5"N 08226'42.0"W to 2756'19.3"N 8226'37.5"W
2: 2755'32.0"N 08226'54.0"W to 2755'30.9"N 8226'49.1"W
1972 (72 COLREGS) or the Inland Navigation Rules, as
applicable, or relieve the Master or person in charge of the
(b) Ships requiring Federal or State pilotage shall not meet vessel of responsibility for the safe navigation of the vessel.
or overtake other like vessels in Sparkman Channel.
[CGD07-94-094, 60 FR 58519, Nov. 28, 1995, as amended
(c) Vessels having a draft of more than 35.5 feet may not by USCG-2005-21869, 80 FR 5336, Jan. 30, 2015]
transit Sparkman Channel.
165.754 Safety Zone: San Juan Harbor, San Juan, PR
(d) Vessels having a draft of 34.5 feet, but not over 35.5 feet, (a) Regulated area. A moving safety zone is established in
may transit Sparkman Channel only when the tide is at least the following area:
one foot above mean low water.
(1) The waters around Liquefied Petroleum Gas ships
(e) Vessels with a draft of 30 feet or greater shall transit as entering San Juan Harbor in an area one half mile around
near as possible to the center of the channel. each vessel, beginning one mile north of the San Juan
Harbor #1 Sea Buoy, in approximate position 18-29.3N, 66-
[CGD7 90-52, 56 FR 36005, July 30, 1991; 63 FR 35524, 07.6W and continuing until the vessel is safely moored at
June 30, 1998] either the Gulf Refinery Oil dock or the Catano Oil dock in
approximate position 18-25.8N, 66-06.5W. All coordinates
165.753 Regulated Navigation Area; Tampa Bay, referenced use datum: NAD 83.
Florida.
(a) The following is a regulated navigation area (RNA): All (2) The waters around Liquefied Petroleum Gas ships
the navigable waters of Tampa Bay, Hillsborough Bay and departing San Juan Harbor in an area one half mile around
Old Tampa Bay, including all navigable waterways tributary each vessel beginning at either the Gulf Refinery Oil dock or
thereto. Also included are the waters of Egmont Channel, Catano Oil dock in approximate position 18-25.8N, 66-06.5W
Gulf of Mexico from Tampa Bay to the seabuoy, Tampa when the vessel gets underway, and continuing until the
Lighted Whistle Buoy T, LLNR 18465. stern passes the San Juan Harbor #1 Sea Buoy, in
approximate position 18-28.3N, 66-07.6W. All coordinates
(b) The master, pilot, or person in charge of any vessel of 50 referenced use datum: NAD 83.
meters or greater shall give a Navigational Advisory
Broadcast in accordance with 47 CFR 80.331 on VHF-FM (b) Regulations.
channel 13 at the following broadcast/reporting points:
(1) No person or vessel may enter, transit or remain in the
(1) Prior to getting underway from any berth or anchorage; safety zone unless authorized by the Captain of the Port,
San Juan, Puerto Rico, or a designated Coast Guard
(2) Prior to entering Egmont Channel from seaward; commissioned, warrant, or petty officer.

(3) Prior to passing Egmont Key in any direction; (2) Vessels encountering emergencies which require transit

598
through the moving safety zone should contact the Coast 165.756 Regulated Navigation Area; Savannah River,
Guard patrol craft on VHF Channel 16. In the event of an Georgia.
emergency, the Coast Guard patrol craft may authorize a (a) Regulated Navigation Area (RNA). The Savannah
vessel to transit through the safety zone with a Coast Guard River between Fort Jackson (3204.93 N, 08102.19
designated escort. W) and the Savannah River Channel Entrance Sea Buoy is
a regulated navigation area when an LNG tankship in excess
(3) The Captain of the Port and the Duty Officer at Sector of heel is transiting the area or moored at the LNG facility. All
San Juan, Puerto Rico, can be contacted at telephone coordinates are North American Datum 1983.
number 787-289-2041. The Coast Guard Patrol Commander
enforcing the safety zone can be contacted on VHF-FM (b) Definitions.
channels 16 and 22A. The following definitions apply to this section:

(4) Coast Guard Sector San Juan will notify the marine Bare steerage way means the minimum speed necessary
community of periods during which these safety zones will for a ship to maintain control over its heading.
be in effect by providing advance notice of scheduled
arrivals and departures of Liquefied Petroleum Gas vessels Bollard pull means an industry standard used for rating tug
via a marine broadcast Notice to Mariners. capabilities and is the pulling force imparted by the tug to the
towline. It means the power that an escort tug can apply to
(5) Should the actual time of entry of the Liquefied Petroleum its working line(s) when operating in a direct mode.
Gas vessel vary more than one half hour from the scheduled
time stated in the broadcast Notice to Mariners, the person Direct mode means a towing technique defined as a
directing the movement of the Liquefied Petroleum Gas method of operation by which a towing vessel generates
vessel shall obtain permission from Captain of the Port San towline forces by thrust alone at an angle equal to or nearly
Juan before commencing the transit. equal to the towline, or thrust forces applied directly to the
escorted vessel's hull.
(6) All persons and vessels shall comply with the instructions
of on-scene patrol personnel. On-scene patrol personnel Fire Wire means a length of wire rope or chain hung from
include commissioned, warrant, or petty officers of the U.S. the bow and stern of a vessel in port to allow the vessel to
Coast Guard. Coast Guard Auxiliary and local or state be towed away from the pier in case of fire; also called fire
officials may be present to inform vessel operators of the warp or emergency towing wire.
requirements of this section, and other applicable laws.
Heel means the minimum quantity of liquefied natural gas
[COTP SAN JUAN 97-045, 63 FR 27681, May 20, 1998, as (LNG) retained in an LNG tankship after unloading at the
amended by USCG-2001-9286, 66 FR 33641, June 25, LNG facility to maintain temperature, pressure, and/or
2001; USCG-2008-0179, 73 FR 35017, June 19, 2008] prudent operations. A quantity of LNG less than five percent
(5 %) of the LNG tankship's carrying capacity shall be
165.755 Safety Zone; Guayanilla, Puerto Rico presumed to be heel.
(a) The following area is established as a safety zone during
the specified conditions: Indirect mode means a towing technique defined as a
method of operation by which an escorting towing vessel
(1) A 100 yard radius surrounding a vessel carrying generates towline forces by a combination of thrust and
Liquefied Natural Gas (LNG) while transiting north of hydrodynamic forces resulting from a presentation of the
Latitude 1756.0 N in the waters of the Caribbean Sea, underwater body of the towing vessel at an oblique angle to
on approach to or departure from the Eco-Electrica the towline. This method increases the resultant bollard pull,
waterfront facility in Guayanilla Bay, Puerto Rico. The safety thereby arresting and controlling the motion of an escorted
zone remains in effect until the LNG vessel is docked at the vessel.
Eco-Electrica waterfront facility or south of Latitude 17
56.0 N. LNG tankship means a vessel as described in 46 CFR 154.

(2) The waters within 150 feet of a LNG vessel when the Made-up means physically attached by cable, towline, or
vessel is alongside the Eco-Electrica waterfront facility in other secure means in such a way as to be immediately
Guayanilla Bay, at position 1758.55 N, 06645.3 W. ready to exert force on a vessel being escorted.
This safety zone remains in effect while the LNG vessel is
docked with product aboard or is transferring LNG. Make-up means the act of, or preparations for becoming
made-up.
(b) In accordance with the general regulations in 165.23 of
this part, anchoring, mooring or transiting in these zones is Operator means the person who owns, operates, or is
prohibited unless authorized by the Coast Guard Captain of responsible for the operation of a facility or vessel.
the Port.
Savannah River Channel Entrance Sea Buoy means the
(c) Coast Guard Sector San Juan will notify the maritime aid to navigation labeled R W T Mo (A) WHIS on the
community of periods during which the safety zones will be National Oceanic and Atmospheric Administration's (NOAA)
in effect by providing advance notice of scheduled arrivals Nautical Chart 11512.
and departures of LNG vessels via a marine broadcast
Notice to Mariners. Standby means readily available at the facility and equipped
to provide a ready means of assistance to maintain a safe
[COTP San Juan 00-095, 66 FR 16870, Mar. 28, 2001, as zone around LNG tankships, provide emergency firefighting
amended by USCG-2008-0179, 73 FR 35017, June 19,2008] assistance, and aid the LNG tankship in the event of an
emergency departure.

599
Underway means that a vessel is not at anchor, not made take appropriate actions in an emergency as directed by the
fast to the shore, or not aground. LNG vessel bridge watch required in paragraph (d)(5) of this
section.
(c) Applicability. This section applies to all vessels
operating within the RNA, including naval and other public (3) Requirements while LNG tankships are moored inside
vessels, except vessels that are engaged in the following the LNG facility slip.
operations:
(i) An LNG tankship moored inside the LNG facility slip shall
(1) Law enforcement, security, or search and rescue; have two standby towing vessels with a minimum capacity of
100,000 pounds of bollard pull, 4,000 horsepower, and the
(2) Servicing aids to navigation; ability to operate safely in the indirect mode. At least one of
these towing vessels shall be FiFi Class 1 equipped. The
(3) Surveying, maintenance, or improvement of waters in the standby towing vessels shall take appropriate action in an
RNA; or emergency as directed by the LNG vessel bridge watch
required in paragraph (d)(5) of this section.
(4) Actively engaged in escort, maneuvering, or support
duties for an LNG tankship. (ii) If two LNG tankships are moored inside the LNG facility
slip, each vessel shall provide a standby towing vessel that
(d) Regulations is FiFi class 1 equipped with a minimum capacity of 100,000
pounds of bollard pull and 4,000 horsepower that is available
(1) Requirements for vessel operations while a LNG tankship, to assist as directed by the LNG vessel bridge watch
carrying LNG in excess of heel, is underway within the RNA. required in paragraph (d)(5) of this section.

(i) Except for a vessel that is moored at a marina, wharf, or (4) Requirements while LNG tankships are moored both
pier, and remains moored, no vessel 1,600 gross tons or inside the LNG facility slip and outside the LNG facility slip.
greater may come within two nautical miles of a LNG
tankship, carrying LNG in excess of heel, which is underway (i) When one LNG tankship is moored inside and one LNG
within the Savannah River shipping channel without the tankship is moored outside of the LNG facility slip, the LNG
permission of the Captain of the Port (COTP). tankship moored outside of the LNG facility slip shall have
on-scene a minimum of two escort towing vessels each with
(ii) All vessels less than 1,600 gross tons shall keep clear of a minimum of 100,000 pounds of bollard pull, 4,000
transiting LNG tankships. horsepower and capable of safely operating in the indirect
mode in order to escort transiting vessels 1,600 gross tons
(iii) The owner, master, or operator of a vessel carrying or greater past the moored LNG tankship. At least one of
liquefied natural gas (LNG) shall: these towing vessels shall be FiFi Class 1 equipped. In
addition, the LNG tankship moored inside of the slip shall
(A) Comply with the notice requirements of 33 CFR part 160. have at least one standby towing vessel with a minimum of
The COTP may delay the vessel's entry into the RNA to 100,000 pounds of bollard pull, 4,000 horsepower and FiFi
accommodate other commercial traffic. Class 1 equipped to take appropriate actions in an
emergency as directed by the LNG vessel bridge watch
(B) Obtain permission from the COTP before commencing required in paragraph (d)(5) of this section.
the transit into the RNA.
(ii) When one LNG tankship is moored outside and two LNG
(C) Not enter or get underway within the RNA if visibility tankships are moored inside the LNG facility slip, the LNG
during the transit is not sufficient to safely navigate the tankship moored outside of the LNG facility slip shall have
channel, and/or wind speed is, or is expected to be, greater on-scene a minimum of two escort towing vessels each with
than 25 knots. a minimum of 100,000 pounds of bollard pull, 4,000
horsepower and capable of safely operating in the indirect
(D) While transiting the RNA, the LNG tankship, carrying mode in order to escort transiting vessels 1,600 gross tons
LNG in excess of heel, shall have a minimum of two escort or greater past the moored LNG tankship. At least one of
towing vessels with a minimum of 100,000 pounds of bollard these towing vessels shall be FiFi Class 1 equipped. In
pull, 4,000 horsepower and capable of safely operating in addition, the LNG tankships moored inside of the slip shall
the indirect mode. At least one of the towing vessels shall be have at least one standby towing vessel between the two
FiFi Class 1 equipped. ships with a minimum of 100,000 pounds of bollard pull,
4,000 horsepower and FiFi Class 1 equipped to take
(2) Requirements while an LNG tankship is moored outside appropriate actions in an emergency as directed by the LNG
of the LNG facility slip. vessel bridge watch required in paragraph (d)(5) of this
section.
(i) An LNG tankship moored outside of the LNG facility slip
shall have on-scene a minimum of two escort towing vessels (iii) In the event of an actual emergency, escort towing
each with a minimum of 100,000 pounds of bollard pull, vessels can be utilized as stand-by towing vessels to take
4,000 horsepower and capable of safely operating in the appropriate actions as directed by the LNG vessel bridge
indirect mode in order to escort transiting vessels 1,600 watch required in paragraph (d)(5) of this section.
gross tons or greater past the moored LNG tankship. At least
one of these towing vessels shall be FiFi Class 1 equipped. (5) Requirements for moored LNG tankships.

(ii) In addition to the two towing vessels required by (i) While moored within the RNA, each LNG tankship shall
paragraph (d)(2)(i) of this section, the LNG tankship moored maintain a bridge watch consisting of a docking pilot or
outside of the slip shall have at least one standby towing licensed deck officer who shall monitor all vessels transiting
vessel with a minimum of 90,000 pounds of bollard pull to past the LNG facility. In addition, the LNG Bridge Watch

600
shall communicate with the pilots of vessels greater than permission of the Captain of the Port.
1600 gross tons at the points identified in section (d)(6)(iii) of
this section prior to passing the LNG facility in order to take (e) Waivers.
actions of the towing vessel(s) required in paragraphs (d)(2)
through (4) of this section. (1) The COTP may waive any requirement in this section, if
the COTP finds that it is in the best interest of safety or in the
(ii) While moored within the RNA, LNG tankships shall have interest of national security. Such waivers may be verbal or
emergency towing wires (fire wires) positioned one meter in writing.
above the waterline, both on the off-shore bow and quarter
of the ship. LNG vessels equipped with waterline bollards (2) An application for a waiver of these requirements must
are exempt from this requirement. state the compelling need for the waiver and describe the
proposed operation and methods by which adequate levels
(6) Requirements for other vessels while within the RNA. of safety are to be obtained.

(i) Transiting vessels 1,600 gross tons or greater, when (f) Enforcement. Violations of this section should be
passing an LNG tankship moored outside of the LNG facility reported to the Captain of the Port, Savannah, at (912) 652-
slip, shall have a minimum of two towing vessels with a 4353. In accordance with the general regulations in 165.13
minimum capacity of 100,000 pounds of bollard pull, 4,000 of this part, no person may cause or authorize the operation
horsepower, and the ability to operate safely in the indirect of a vessel in the regulated navigation area contrary to the
mode, made-up in such a way as to be immediately provisions of this section.
available to arrest and control the motion of an escorted
vessel in the event of steering, propulsion or other casualty. [CGD07-05-138, 72 FR 2453, Jan. 19, 2007]
At least one of the towing vessels shall be FiFi Class 1
equipped. While it is anticipated that vessels will utilize the 165.757 Safety Zones; Ports Of Ponce, Tallaboa, And
towing vessel services required in paragraphs (d)(2)(i) and Guayanilla, Puerto Rico And Limetree Bay, St. Croix,
(d)(4)(i) of this section, this section does not preclude U.S.V.I.
escorted vessel operators from providing their own towing (a) Location. The following areas are established as a
vessel escorts, provided they meet the requirements of this safety zones during the specified conditions:
part.
(1) Port of Ponce, Puerto Rico. A 100-yard radius
(A) Outbound vessels shall be made-up and escorted from surrounding all Liquefied Hazardous Gas (LHG) vessels with
Bight Channel Light 46 until the vessel is safely past the product aboard while transiting north of Latitude 1757.0
LNG dock. N in the waters of the Caribbean Sea on approach to or
departing from the Port of Ponce, Puerto Rico (NAD 83). The
(B) Inbound vessels shall be made-up and escorted from safety zone remains in effect until the LHG vessel is docked.
Elba Island Light 37 until the vessel is safely past the LNG
dock. (2) Port of Tallaboa, Puerto Rico. A 100-yard radius
surrounding all Liquefied Hazardous Gas (LHG) vessels with
(ii) The requirements in paragraph (d)(6)(i) of this section do product aboard while transiting north of Latitude 1756.0
not apply when one or more LNG tankships are moored in N in the waters of the Caribbean Sea on approach to or
the LNG facility slip and no LNG tankship is moored at the departing from the Port of Tallaboa, Puerto Rico (NAD 83).
pier outside of the LNG facility slip. The safety zone remains in effect until the LHG vessel is
docked.
(iii) Vessels 1,600 gross tons or greater shall make a
broadcast on channel 13 at the following points on the (3) Port of Guayanilla, Puerto Rico. A 100-yard radius
Savannah River: surrounding all Liquefied Hazardous Gas (LHG) vessels
around with product aboard while transiting north of Latitude
(A) Buoy 33 in the vicinity of Fields Cut for inbound vessels; 17 57.0 N in the waters of the Caribbean Sea on
approach to or departing from the Port of Guayanilla, Puerto
(B) Buoy 53 in the vicinity of Fort Jackson for outbound Rico (NAD 83). The safety zone remains in effect until the
vessels. LHG vessel is docked.
(iv) Vessels 1,600 gross tons or greater shall at a minimum, (4) Port of Limetree Bay, St. Croix, U.S.V.I. A 100-yard
transit at bare steerageway when within an area 1,000 yards radius surrounding all Liquefied Hazardous Gas (LHG)
on either side of the LNG facility slip to minimize potential vessels with product aboard while transiting north of Latitude
wake or surge damage to the LNG facility and vessel(s)
17 39.0 N in the waters of the Caribbean Sea on
within the slip.
approach to or departing from the Port of Limetree Bay,
U.S.V.I. (NAD 83). The safety zone remains in effect until the
(v) Vessels 1,600 gross tons or greater shall not meet nor
LHG vessel is docked.
overtake within an area 1,000 yards on either side of the
LNG facility slip when an LNG tankship is present within the
(b) Regulations. In accordance with the general regulations
slip.
in 165.23 of this part, anchoring, mooring or transiting in
these zones is prohibited unless authorized by the Coast
(vi) All vessels less than 1,600 gross tons shall not approach
Guard Captain of the Port. Coast Guard Sector San Juan will
within 70 yards of an LNG tankship, carrying LNG in excess
notify the maritime community of periods during which these
of heel, without the permission of the Captain of the Port.
safety zones will be in effect by providing advance notice of
scheduled arrivals and departures on LHG carriers via a
(vii) Except for vessels involved in those operations noted in
broadcast notice to mariners on VHF Marine Band Radio,
paragraph (c) of this section entitled Applicability, no vessel
Channel 16 (156.8 MHz).
shall enter the LNG facility slip at any time without the

601
[COTP San Juan 02-038, 67 FR 60867, Sept. 27, 2002, as MHz).
amended by USCG-2008-0179, 73 FR 35017, June 19,
2008]). (c) Definition. As used in this section: cruise ship means a
passenger vessel, except for a ferry, greater than 100 feet in
165.758 Security Zone; San Juan, Puerto Rico. length that is authorized to carry more than 12 passengers
(a) Location. Moving and fixed security zones are for hire.
established 50 yards around all cruise ships entering,
departing, moored or anchored in the Port of San Juan, (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.
Puerto Rico. The security zone for a cruise ship entering port 191, the authority for this section includes 33 U.S.C. 1226.
is activated when the vessel is one mile north of the #3 buoy,
at approximate position 182817 N, 660737.5 W. [COTP Jacksonville 02-066, 68 FR 3186, Jan. 23, 2003]
The security zone for a vessel is deactivated when the
vessel passes this buoy on its departure from the port. 165.760 [Reserved]

(b) Regulations. 165.761 Security Zones; Port Of Palm Beach, Port


Everglades, Port Of Miami, And Port Of Key West,
(1) Under general regulations in 165.33 of this part, Florida.
entering, anchoring, mooring or transiting in these zones is (a) Location. The following areas are security zones:
prohibited unless authorized by the Coast Guard Captain of
the Port of San Juan. (1) Fixed and moving security zones around vessels in the
Ports of Palm Beach, Port Everglades, Miami, and Key West,
(2) Persons desiring to transit the area of the security zone Florida. Moving security zones are established 100 yards
may contact the Captain of the Port at the Sector San Juan around all passenger vessels, vessels carrying cargoes of
at (787) 289-2041 or via VHF radio on Channel 16 to seek particular hazard, or vessels carrying liquefied hazardous
permission to transit the area. If permission is granted, all gas (LHG) as defined in 33 CFR parts 120, 126 and 127
persons and vessels must comply with the instructions of the respectively, during transits entering or departing the Ports
Captain of the Port or his designated representative. of Palm Beach, Port Everglades, Miami or Key West, Florida.
These moving security zones are activated when the subject
(3) The Coast Guard Sector San Juan will attempt to notify vessel passes: LW buoy, at approximate position 26
the maritime community of periods during which these 46.3 N, 08000.6 W, when entering the Port of Palm
security zones will be in effect by providing advance notice Beach, passes PE buoy, at approximate position 26
of scheduled arrivals and departures of cruise ships via a 05.5 N, 08004.8 W, when entering Port Everglades;
broadcast notice to mariners.
the M buoy, at approximate position 25 46.1 N,
(c) Definition. As used in this section, cruise ship means a 080 05.0 W, when entering the Port of Miami; and
passenger vessel greater than 100 feet in length that is KW buoy, at approximate position 2427.7 N, 081
authorized to carry more than 150 passengers for hire, 48.1 W, when entering the Port of Key West. Fixed
except for a ferry. security zones are established 100 yards around all
passenger vessels, vessels carrying cargoes of particular
(d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C. hazard or liquefied hazardous gas (LHG) as defined in 33
191, the authority for this section includes 33 U.S.C. 1226. CFR parts 120, 126 and 127 respectively, while they are
docked in the Ports of Palm Beach, Port Everglades, Miami
[CGD07-02-042, 67 FR 76991, Dec. 16, 2002, as amended or Key West, Florida.
by USCG-2008-0179, 73 FR 35017, June 19, 2008].
(2) Fixed security zone in the Port of Miami, Florida. A fixed
165.759 Security Zones; Ports Of Jacksonville, security zone encompasses all waters between Watson Park
Fernandina, And Canaveral, Florida. and Star Island on the MacArthur Causeway south to the
(a) Regulated area. Moving security zones are established Port of Miami. The western boundary is formed by an
100 yards around all tank vessels, cruise ships, and military imaginary line from points 2546.79 N, 08010.90 W,
pre-positioned ships during transits entering or departing the to 2546.77 N, 08010.92 W to 2546.88 N, 080
ports of Jacksonville, Fernandina, and Canaveral, Florida. 10.84 W, and ending on Watson Park at 2547.00 N,
These moving security zones are activated when the subject 08010.67 W. The eastern boundary is formed by an
vessels pass the St. Johns River Sea Buoy, at approximate imaginary line from the traffic light located at Bridge road, in
position 30 deg. 23 35 N, 81 deg, 19 08 West, approximate position 25 46.33 N, 080 09.12 W,
when entering the port of Jacksonville, or pass Port which leads to Star Island, and MacArthur Causeway directly
Canaveral Channel Entrance Buoys # 3 or # 4, at respective extending across the Main Channel to the Port of Miami, at
approximate positions 28 deg. 22.7 N, 80 deg 31.8 W, and
2546.26 N, 08009.18 W. The fixed security zone is
28 deg. 23.7 N, 80 deg. 29.2 W, when entering Port
activated when two or more passenger vessels, vessels
Canaveral. Fixed security zones are established 100 yards
carrying cargoes of particular hazard, or vessels carrying
around all tank vessels, cruise ships, and military pre-
liquefied hazardous gas (LHG) as defined in 33 CFR parts
positioned ships docked in the Ports of Jacksonville,
120, 126 and 127 respectively, enter or moor within this
Fernandina, and Canaveral, Florida.
zone.
(b) Regulations. In accordance with the general regulations
(i) Vessels may be allowed to transit the Main Channel when
165.33 of this part, entry into these zones is prohibited
only one passenger vessel or vessel carrying cargoes of
except as authorized by the Captain of the Port, or a Coast
particular hazard are berthed, by staying on the north side of
Guard commissioned, warrant, or petty officer designated by
the law enforcement boats and cruise ship tenders which will
him. The Captain of the Port will notify the public of any
mark a transit lane in channel.
changes in the status of this zone by Marine Safety Radio
Broadcast on VHF Marine Band Radio, Channel 22 (157.1

602
(ii) When passenger vessels are not berthed on the Main (4) The Captain of the Port Miami may waive any of the
Channel, navigation will be unrestricted. Law enforcement requirements of this subpart for any vessel upon finding that
vessels can be contacted on VHF Marine Band Radio, the vessel or class of vessel, operational conditions, or other
Channel 16 (156.8 MHz). circumstances are such that application of this subpart is
unnecessary or impractical for the purpose of port security,
(3) Fixed security zones in the Port Everglades. A fixed safety or environmental safety.
security zone encompasses all waters west of an imaginary
line starting at the northern most point 2605.98 N, 080 (c) Definition. As used in this section, cruise ship means a
07.15 W, near the west side of the 17th Street Causeway passenger vessel greater than 100 feet in length and over
Bridge, to the southern most point 2605.41 N, 080 100 gross tons that is authorized to carry more than 12
passengers for hire making voyages lasting more than 24
06.96 W, on the northern tip of pier 22. An additional fixed
hours, except for a ferry.
security zone encompasses the Intracoastal Waterway
between a line connecting point 26 05.41 N, 080 (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.
06.97 W, on the northern tip of berth 22 and a point 191, the authority for this section includes 33 U.S.C. 1226.
directly east across the Intracoastal Waterway to 26
05.41 N, 08006.74 W; and a line drawn from the [COTP Miami 02-115, 68 FR 3189, Jan. 23, 2003]
corner of Port Everglades berth 29 at point 2604.72 N,
08006.92 W, easterly across the Intracoastal Waterway 165.762 Security Zone; St. Thomas, U.S. Virgin Islands.
to John U. Lloyd Beach, State Recreational Area at point (a) Location. Moving and fixed security zones are
2604.72 N, 08006.81 W. established 50 yards around all cruise ships entering,
departing, moored or anchored in the Port of St. Thomas,
(i) Vessels may be allowed to transit the Intracoastal U.S. Virgin Islands. The security zone for a cruise ship
Waterway when passenger vessels or vessels carrying entering port is activated when the vessel passes: St.
cargoes of particular hazard are berthed, by staying east of Thomas Harbor green lighted buoy 3 in approximate position
the law enforcement vessels and cruise ship tenders, which 181919 North, 645540 West when entering the
will mark a transit lane in the Intracoastal Waterway. port using St. Thomas Channel; red buoy 2 in approximate
position 181915 North, 645559 West when
(ii) Periodically, vessels may be required to temporarily hold entering the port using East Gregorie Channel; and red
their positions while large commercial traffic operates in this lighted buoy 4 in approximate position 181816 North,
area. Vessels in this security zone must follow the orders of 64 57 30 West when entering the port using West
the COTP or his designated representative, who may be Gregorie Channel. These zones are deactivated when the
embarked in law enforcement or other vessels on scene. cruise ship passes any of these buoys on its departure from
When passenger vessels are not berthed on the Intracoastal the Port.
Waterway, navigation will be unrestricted. Law enforcement
vessels can be contacted on VHF Marine Band Radio, (b) Regulations.
Channel 16 (156.8 MHz).
(1) Under general regulations in 165.33 of this part,
(b) Regulations. entering, anchoring, mooring or transiting in these zones is
prohibited unless authorized by the Coast Guard Captain of
(1) Prior to commencing the movement, the person directing the Port of San Juan.
the movement of a passenger vessel, a vessel carrying
cargoes of particular hazard or a vessel carrying liquefied (2) Persons desiring to transit the area of the security zone
hazardous gas (LHG) as defined in Title 33, Code of Federal may contact the Captain of the Port at the Sector San Juan
Regulations parts 120, 126 and 127 respectively, is at (787) 289-2041 or via VHF radio on Channel 16 to seek
encouraged to make a security broadcast on VHF Marine permission to transit the area. If permission is granted, all
Band Radio, Channel 13 (156.65 MHz) to advise mariners of persons and vessels must comply with the instructions of the
the moving security zone activation and intended transit. Captain of the Port or his designated representative.

(2) In accordance with the general regulations 165.33 of (3) Coast Guard Sector San Juan will attempt to notify the
this part, entry into these zones is prohibited except as maritime community of periods during which these security
authorized by the Captain of the Port Miami or his zones will be in effect by providing advance notice of
designated representative. Other vessels such as pilot boats, scheduled arrivals and departures of cruise ships via a
cruise ship tenders, tug boats and contracted security broadcast notice to mariners.
vessels may assist the Coast Guard Captain of the Port
under the direction of his designated representative by (c) Definition. As used in this section, cruise ship means a
monitoring these zones strictly to advise mariners of the passenger vessel greater than 100 feet in length that is
restrictions. The Captain of the Port will notify the public via authorized to carry more than 150 passengers for hire,
Marine Safety Radio Broadcast on VHF Marine Band Radio, except for a ferry.
Channel 16 (156.8 MHz) when the security zones are being
enforced. (d) Authority. In addition to 33 U.S.C 1231 and 50 U.S.C.
191, the authority for this section includes 33 U.S.C. 1226.
(3) Persons desiring to enter or transit the area of the
security zone may contact the Captain of the Port at (305) [COTP San Juan 03-024, 68 FR 33391, June 4, 2003, as
535-8701 or on VHF Marine Band Radio, Channel 16 (156.8 amended by USCG-2008-0179, 73 FR 35017, June 19,
MHz) to seek permission to transit the area. If permission is 2008]
granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her 165.763 Moving and Fixed Security Zone, Port of
designated representative. Fredericksted, Saint Croix, U.S. Virgin Islands.

603
(a) Location. A moving and fixed security zone is with the requirement to operate at safe speed under the
established that surrounds all cruise ships entering, Inland Navigation Rules, 33 U.S.C. 2001 et seq.
departing, mooring or anchoring in the Port of Fredericksted,
Saint Croix, U.S. Virgin Islands. The security zone extends (c) Definition.
from the cruise ship outward and forms a 50-yard radius
around the vessel, from surface to bottom. The security zone As used in this section, slow speed means the speed at
for a cruise ship entering port is activated when the vessel is which a vessel proceeds when it is fully off plane, completely
within one nautical mile west of the Fredericksted Pier lights. settled in the water and not creating excessive wake. Due to
The security zone for a vessel is deactivated when the cruise the different speeds at which vessels of different sizes and
ship is beyond one nautical mile west of the Fredericksted configurations may travel while in compliance with this
Pier lights. The Fredericksted Pier lights are at the following definition, no specific speed is assigned to slow speed. A
coordinates: 17 42 49 N, 64 53 19 W. All vessel is not proceeding at slow speed if it is:
coordinates are North American Datum 1983 (NAD 1983).
(1) On a plane;
(b) Regulations.
(2) In the process of coming up on or coming off of plane; or
(1) Under general regulations in 165.33 of this part,
entering, anchoring, mooring, or transiting in these zones is (3) Creating an excessive wake.
prohibited unless authorized by the Coast Guard Captain of
the Port San Juan or their designated representative. [CDG07-03-069, 68 FR 63991, Nov. 12, 2003]

(2) Persons desiring to transit through a security zone may 165.766 Security Zone: HOVENSA Refinery, St. Croix,
contact the Captain of the Port San Juan who can be U.S. Virgin Islands
reached on VHF Marine Band Radio, Channel 16 (156.8 (a) Regulated area. The Coast Guard is establishing a
Mhz) or by calling (787) 289-2041, 24-hours-a-day, 7-days- security zone in and around the HOVENSA Refinery on the
a-week. If permission is granted, all persons and vessels south coast of St. Croix, U.S. Virgin Islands. This security
must comply with the instructions of the Captain of the Port zone includes all waters from surface to bottom,
or designated representative. encompassed by an imaginary line connecting the following
points: Point 1: 174131 North, 644509 West,
(3) Sector San Juan will attempt to notify the maritime Point 2: 173936 North, 644412 West, Point 3:
community of periods during which these security zones will 174000 North, 644336 West, Point 4: 1741
be in effect by providing advance notice of scheduled 48 North, 644425 West, and returning to the point
arrivals and departures of cruise ships via a broadcast notice of origin. These coordinates are based upon North American
to mariners. Datum 1983 (NAD 1983).
(c) Definition. As used in this section, cruise ship means a (b) Regulations.
passenger vessel greater than 100 feet in length that is
authorized to carry more than 150 passengers for hire, (1) Under 165.33, entry into or remaining in the security
except for a ferry. zone in paragraph (a) of this section is prohibited unless
authorized by the Coast Guard Captain of the Port San Juan
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. or vessels have a scheduled arrival in accordance with the
191, the authority for this section includes 33 U.S.C. 1226. Notice of Arrival requirements of 33 CFR part 160, subpart C.
[COTP San Juan 05-002, 70 FR 22256, Apr. 29, 2005] (2) Persons and vessels desiring to transit the Regulated
Area may contact the U.S. Coast Guard Captain of the Port,
165.764 [Removed and reserved] San Juan, at telephone number 787-289-2041 or on VHF
channel 16 (156.8 MHz) to seek permission to transit the
165.765 Regulated Navigation Area; Port Everglades area. If permission is granted, all persons and vessels must
Harbor, Fort Lauderdale, Florida. comply with the instructions of the Captain of the Port.
(a) Location. The following area in Port Everglades harbor
is a regulated navigation area: all waters of Port Everglades [COTP San Juan 05-007, 72 FR 43537, Aug. 6, 2007].
harbor, from shore to shore, encompassed by a line
commencing at the south mid-point tip of Harbor Heights 165.767 [Removed and Reserved]
approximately 2605.687 N, 08006.684 W; thence
south across Bar Cut to a point north of the Nova University 165.768 [Removed and Reserved]
Marina approximately 2605.552 N, 08006.682 W,
thence southwesterly to a point near the center of Lake 165.769 Security Zone; Escorted Vessels, Charleston,
Mabel approximately 2605.482 N, 08006.793 W, South Carolina, Captain of the Port.
thence northwesterly to a point near the Quick Flashing Red (a) Definitions. The following definitions apply to this section:
#12 approximately 26 05.666 N, 080 06.947 W,
thence east to south mid-point tip of Harbor Heights (starting COTP means Captain of the Port Charleston, SC.
point) approximately 2605.687 N, 08006.684 W.
Designated representatives means Coast Guard Patrol
(b) Regulations. Vessels less than 150 meters entering and Commanders including Coast Guard coxswains, petty
transiting through the regulated navigation area shall officers and other officers operating Coast Guard vessels,
proceed at a slow speed. Nothing in this section alleviates and federal, state, and local officers designated by or
vessels or operators from complying with all state and local assisting the COTP, in the enforcement of the security zone.
laws in the area including manatee slow speed zones. Nor Escorted vessel means a vessel, other than a large U.S.
should anything in this section be construed as conflicting naval vessel as defined in 33 CFR 165.2015, that is

604
accompanied by one or more Coast Guard assets or other (f) Contact information. The COTP Charleston may be
Federal, State or local law enforcement agency assets reached via phone at (843) 724-7616. Any on scene Coast
clearly identifiable by lights, vessel markings, or with agency Guard or designated representative assets may be reached
insignia as listed below: via VHF-FM channel 16.

Coast Guard surface or air asset displaying the Coast Guard [USCG-2007-0115, 73 FR 30562, May 28, 2008]
insignia.
165.770 Security Zone: HOVENSA Refinery, St. Croix,
State and/or local law enforcement asset displaying the U.S. Virgin Islands.
applicable agency markings and/or equipment associated (a) Regulated area. The Coast Guard is establishing a
with the agency. security zone in and around the HOVENSA Refinery on the
south coast of St. Croix, U.S. Virgin Islands. This security
When escorted vessels are moored, dayboards or other zone includes all waters from surface to bottom,
visual indications such as lights or buoys may be used. In all encompassed by an imaginary line connecting the following
cases, broadcast notice to mariners will be issued to advise points: Point 1 in position 174131 N, 0644509
mariners of these restrictions. W; Point 2 in position 173936 N, 0644412 W;
Point 3 in position 174000 N, 0644336 W;
Minimum safe speed means the speed at which a vessel
Point 4 in position 174148 N, 0644425 W; then
proceeds when it is fully off plane, completely settled in the
tracing the shoreline along the water's edge to the point of
water and not creating excessive wake. Due to the different
origin. These coordinates are based upon North American
speeds at which vessels of different sizes and configurations
Datum 1983 (NAD 1983).
may travel while in compliance with this definition, no
specific speed is assigned to minimum safe speed. In no
(b) Regulations.
instance should minimum safe speed be interpreted as a
speed less than that required for a particular vessel to
(1) Under 165.33, entry into or remaining within the
maintain steerageway. A vessel is not proceeding at
regulated area in paragraph (a) of this section is prohibited
minimum safe speed if it is:
unless authorized by the Coast Guard Captain of the Port
San Juan or vessels have a scheduled arrival at HOVENSA,
(1) On a plane;
Limetree Bay, St. Croix, in accordance with the Notice of
Arrival requirements of 33 CFR part 160, subpart C.
(2) In the process of coming up onto or coming off a plane;
or
(2) Persons and vessels desiring to transit the Regulated
Area may contact the U.S. Coast Guard Captain of the Port
(3) Creating an excessive wake.
San Juan at telephone number 787-289-2041 or on VHF
channel 16 (156.8 MHz) to seek permission to transit the
(b) Regulated area. All navigable waters, as defined in 33
area. If permission is granted, all persons and vessels must
CFR 2.36, within the Captain of the Port Zone, Charleston,
comply with the instructions of the Captain of the Port.
South Carolina 33 CFR 3.35-15.
[USCG-2008-0284, 73 FR 27746, May 14, 2008]
(c) Security zone. A 300-yard security zone is established
around each escorted vessel within the regulated area
165.771 Safety Zone; Bahia de Ponce, Puerto Rico
described in paragraph (b) of this section. This is a moving
(a) Location. The following area is established as a safety
security zone when the escorted vessel is in transit and
zone during the specified conditions:
becomes a fixed zone when the escorted vessel is anchored
or moored. A security zone will not extend beyond the
(1) A 100 yard radius around any vessel carrying Liquefied
boundary of the regulated area in this section.
Natural Gas (LNG) cargo while transiting north of Latitude
(d) Regulations. 175400 N in the waters of the Caribbean Sea and the
Bahia de Ponce, on approach to or departure from the
(1) The general regulations for security zones contained in Puerto de Ponce waterfront facility in Bahia de Ponce.
165.33 of this part applies to this section.
(2) The waters within 150 feet of any vessel carrying LNG
(2) A vessel may request the permission of the COTP cargo while moored at the Puerto de Ponce waterfront
Charleston or a designated representative to enter the facility in Bahia de Ponce, between berths 4 and 7 at
security zone described in paragraph (c) of this section. If approximate position 175812N, 0663708 W.
permitted to enter the security zone, a vessel must proceed
at the minimum safe speed and must comply with the orders (b) Definitions. The following definitions apply to this section:
of the COTP or a designated representative. No vessel or Designated representative means Coast Guard Patrol
person may enter the inner 50-yard portion of the security Commander including Coast Guard coxswains, petty officers
zone closest to the vessel. and other officers operating Coast Guard vessels and
federal, state, and local officers designated by or assisting
(e) Notice of security zone. The COTP will inform the the COTP San Juan in the enforcement of the safety zone.
public of the existence or status of the security zones around
escorted vessels in the regulated area by Broadcast Notice (c) Regulations. In accordance with the general regulations
to Mariners. Coast Guard assets or other Federal, State or in 165.23 of this part, anchoring, mooring or transiting in
local law enforcement agency assets will be clearly identified these zones is prohibited unless authorized by the Coast
by lights, vessel markings, or with agency insignia. When Guard Captain of the Port or a designated representative.
escorted vessels are moored, dayboards or other visual Persons and vessels desiring to transit the Regulated Area
indications such as lights or buoys may be used. may contact the U.S. Coast Guard Captain of the Port San

605
Juan at telephone number 787-289-2041 or on VHF channel (d) Regulations.
16 (156.9 MHz).
(1) The general regulations for security zones contained in
(d) Enforcement periods. The Coast Guard will notify the 165.33 of this part applies to this section.
maritime community of effective periods via a broadcast
notice to mariners on VHF Marine Band Radio, Channel 22A (2) A vessel may request the permission of the COTP or a
(156.8 MHz). designated representative to enter the security zone
described in paragraph (c) of this section. If permitted to
[USCG-2007-0075, 73 FR 54951, Sept. 24, 2008] enter the security zone, a vessel must proceed at the
minimum safe speed and must comply with the orders of the
165.773 Security Zone; Escorted Vessels in Captain of COTP or a designated representative. No vessel or person
the Port Zone Jacksonville, Florida. may enter the inner 100-yard portion of the security zone
(a) Definitions. The following definitions apply to this section: closest to the vessel.
COTP means Captain of the Port Jacksonville, FL.
(e) Notice of security zone. The COTP will inform the
Designated representatives means Coast Guard Patrol public of the existence or status of the security zones around
Commanders including Coast Guard coxswains, petty escorted vessels in the regulated area by Broadcast Notice
officers and other officers operating Coast Guard vessels or to Mariners. Coast Guard assets or other Federal, State or
aircraft, and federal, state, and local officers designated by local law enforcement agency assets will be clearly identified
or assisting the COTP, in the enforcement of the security by lights, vessel markings, or with agency insignia. When
zone. escorted vessels are moored, dayboards or other visual
indications such as lights or buoys may be used.
Escorted vessel means a vessel, other than a large U.S.
naval vessel as defined in 33 CFR 165.2015, that is (f) Contact information. The COTP Jacksonville may be
accompanied by one or more Coast Guard assets or other reached via phone at (904) 564-7513. Any on scene Coast
Federal, State, or local law enforcement agency assets Guard or designated representative assets may be reached
clearly identifiable by lights, vessel markings, or with agency via VHF-FM channel 16.
insignia as follows:
[USCG-2008-0203, 73 FR 28710, May 19, 2008]
(1) Coast Guard surface or air asset displaying the Coast 165.775 Safety Zone; Captain of the Port Zone
Guard insignia. Jacksonville; Offshore Cape Canaveral, Florida.
(a) Regulated area.
(2) State and/or local law enforcement asset displaying the
applicable agency markings and/or equipment associated (1) Zone (A) is defined by four latitude and longitude corner
with the agency. points. Zone A originates from the baseline at position 28
45.7 N, 08042.7 W; then proceeds northeast to 28
(3) When escorted vessels are moored, dayboards or other 50.1 N, 08029.9 W; then proceeds southeast to 28
visual indications such as lights or buoys may be used. In all
31.3 N, 08019.6 W; then proceeds west back to the
cases, broadcast notice to mariners will be issued to advise
mariners of these restrictions. baseline at position 2831.3 N, 08033.4 W.

Minimum safe speed means the speed at which a vessel (2) Zone (B) is defined by four latitude and longitude corner
proceeds when it is fully off plane, completely settled in the points. Zone B originates from the baseline at position 28
water and not creating excessive wake. Due to the different 40.1 N, 08038.4 W; then proceeds northeast to 28
speeds at which vessels of different sizes and configurations 48.8 N, 08028.9 W; then proceeds southeast to 28
may travel while in compliance with this definition, no 29.7 N, 08018.9 W; then proceeds west back to the
specific speed is assigned to minimum safe speed. In no baseline at position 2829.7 N, 08031.6 W.
instance should minimum safe speed be interpreted as a
speed less than that required for a particular vessel to (3) Zone (C) is defined by four latitude and longitude corner
maintain steerageway. A vessel is not proceeding at points. Zone C originates from the baseline at position 28
minimum safe speed if it is:
36.2 N, 08035.3 W; then proceeds northeast to 28
(1) On a plane; 45.6 N, 08025.2 W; then proceeds south to 2826
N, 08020.8 W; then proceeds west back to the baseline
(2) In the process of coming up onto or coming off a plane; at position 2826 N, 08034.4 W.
or
(4) Zone (D) is defined by four latitude and longitude corner
(3) Creating an excessive wake. points. Zone D originates from the baseline at position 28
31.6 N, 08034 W; then proceeds east to 2831.6
(b) Regulated area. All navigable waters, as defined within N, 08020.1 W; then proceeds south to 2816.7 N,
Captain of the Port Zone, Jacksonville, Florida as defined in 080 23.3 W; then proceeds northwest back to the
33 CFR 3.35-20.
baseline at position 2821.6 N, 08036.1 W.
(c) Security zone. A 500-yard security zone is established
(b) Definitions. The following definitions apply to this section:
around each escorted vessel within the regulated area
described in paragraph (b) of this section. This is a moving
Designated representative means Coast Guard Patrol
security zone when the escorted vessel is in transit and
Commanders including Coast Guard coxswains, petty
becomes a fixed zone when the escorted vessel is anchored
officers and other officers operating Coast Guard vessels,
or moored. A security zone will not extend beyond the
and federal, state, and local officers designated by or
boundary of the regulated area in this section.

606
assisting the Captain of the Port (COTP) Jacksonville in the 2824'57.88" N, 08037'25.69" W to 2824'37.48" N,
enforcement of regulated navigation areas, safety zones, 08037'34.03" W.
and security zones.
(b) Requirement.
(c) Regulations. In accordance with the general regulations
in 165.23 of this part, anchoring, mooring or transiting in (1) This security zone will be activated 4 hours prior to the
this zone is prohibited unless authorized by the Coast Guard scheduled arrival of a cruise ship at the West Basin of Port
Captain of the Port Jacksonville or his designated Canaveral Harbor during MARSEC Levels 2 and 3 or when
representative. the COTP determines there is a specified credible threat
during MARSEC Level 1. This security zone will not be
(d) Notice of a safety zone. The proposed safety zones are deactivated until the departure of all cruise ships from the
temporary in nature and will only be enacted and enforced West Basin. The zone is subject to enforcement when it is
prior to, and just after a successful launch. The COTP will activated.
inform the public of the existence or status of the safety
zone(s) by Broadcast Notice to Mariners on VHF-FM (2) Under general security zone regulations of 33 CFR
channel 16, Public Notice, on-scene presence, and by the 165.33, no vessel or person may enter or navigate within the
display of a yellow ball from a 90-foot pole near the shoreline regulated area unless specifically authorized by the COTP or
at approximately 283500 N, 0803436 W, and the COTP's designated representative. Any person or vessel
from a 90-foot pole near the shoreline at approximately 28 authorized to enter the security zone must operate in strict
2518 N, 0803500 W. Coast Guard assets or conformance with any direction given by the COTP or a
other Federal, State, or local law enforcement assets will be designated representative and leave the security zone
clearly identified by lights, markings, or with agency insignia. immediately if so ordered.

(e) Contact information. The COTP Jacksonville may be (3) The public will be notified when the security zone is
reached by telephone at (904) 564-7513. Any on-scene activated by the display of a red ball on a 50-foot pole
Coast Guard or designated representative assets may be located at the east end of Cruise Ship terminal 10. This red
reached on VHF-FM channel 16. ball will be lowered when the security zone is deactivated.
To ensure boaters are given sufficient knowledge of the
[USCG-2008-0411, 74 FR 14728, Apr. 1, 2009] security zone, the Coast Guard will continuously broadcast
the activations of the zone and law enforcement vessels will
be on scene to inform boaters that the zone has been
165.776Security Zone; Coast Guard Base San Juan,
activated. Vessels encroaching on the security zone will be
San Juan Harbor, Puerto Rico.
issued a Public Notice which clearly states the location of the
(a) Location. The following area is a security zone: All
security zone and the times it will be enforced. This will be
waters from surface to bottom, encompassed by an
the boater's first warning prior to enforcement action being
imaginary line connecting the following points, beginning at
taken.
182739 N, 0660656 W; then east to Point 2 at
182739 N, 0660652 W; then south to Point 3 at (c) Definitions. The following definition applies to this
182735 N, 0660652 W; then southwest to Point section:
4 at 182730 N, 0660659 W; then northeast to
Point 5 at 182725 N, 0660707 W; then north to Designated representative means Coast Guard Patrol
Point 6 at 182746 N, 0660710 W; then back to Commanders including Coast Guard coxswains, petty
shore at the northwest end of the CG facility at Point 7 at officers and other officers operating Coast Guard vessels,
182746 N, 0660707 W. These coordinates are and federal, state, and local law enforcement officers
based upon North American Datum 1983. designated by or assisting the COTP in the enforcement of
the security zone.
(b) Definitions. As used in this section
(d) Captain of the Port Contact Information. If you have
Vessel means every description of watercraft or other questions about this regulation, please contact the Sector
artificial contrivance used, or capable of being used, as a Command Center at (904) 564-7513.
means of transportation on water, except U.S. Coast Guard
or U.S. naval vessels. (e) Enforcement periods. This section will only be subject
to enforcement when the security zone described in
(c) Regulations. paragraph (a) is activated as specified in paragraph (b)(1) of
this section.
(1) No person or vessel may enter into the security zone
described in paragraph (a) of this section unless authorized [USCG-2008-0752, 74 FR 15856, Apr. 8, 2009]
by the Captain of the Port San Juan.
165.778 Security Zone; Port of Mayaguez, Puerto Rico.
(2) Vessels seeking to enter the security zone established in (a) Security zone. A moving and fixed security zone is
this section may contact the COTP on VHF channel 16 or by established around all cruise ships entering, departing,
telephone at (787) 289-2041 to request permission. mooring, or anchoring in the Port of Mayaguez, Puerto Rico.
The regulated area includes all waters from surface to
[USCG-2008-0440, 74 FR 9769, Mar. 6, 2009] bottom within a 50-yard radius of the vessel. The zone is
activated when a cruise ship on approach to the Port of
165.777 Security Zone; West Basin, Port Canaveral Mayaguez enters within 1 nautical mile of the Bahia de
Harbor, Cape Canaveral, Florida. Mayaguez Range Front Light located in position 1813'12" N
(a) Regulated area. The following area is a security zone: 06710'46" W. The zone is deactivated when a cruise ship
All waters of the West Basin of Port Canaveral Harbor departs the Port of Mayaguez and is no longer within 1
northwest of an imaginary line between two points: nautical mile of the Bahia de Mayaguez Range Front Light.

607
(b) Definitions. As used in this section: Coast Guard, and must follow the instructions of designated
representatives.
Cruise ship means any vessel over 100 gross registered
tons, carrying more than 12 passengers for hire. (2) At least 48 hours prior to each enforcement period, the
Coast Guard will provide notice of the regulated area
Designated representative means Coast Guard Patrol through advanced notice via Local Notice to Mariners and
Commanders including Coast Guard coxswains, petty Broadcast Notice to Mariners. The Coast Guard will also
officers and other officers operating Coast Guard vessels provide notice of the regulated area by on-scene designated
and Federal, State, and local officers designated by or representatives.
assisting the Captain of the Port San Juan in the
enforcement of the security zone. (d) Enforcement period. This rule will be in enforced
annually on Columbus Day weekend, starting at 12:01 p.m.
Vessel means every description of watercraft or other on the Saturday before Columbus Day, through 2:00 a.m. on
artificial contrivance used, or capable of being used, as a Monday (the Columbus Day holiday). Columbus Day is the
means of transportation on water, except U.S. Coast Guard federally recognized holiday occurring annually on the
or U.S. Naval vessels and servicing pilot and tug boats. second Monday in October.

(c) Regulations. [USCG-2012-0191, 77 FR 62439, Oct. 15, 2012]

(1) No person or vessel may enter into the security zone 165.780 Safety Zone; Marine Safety Unit Savannah
under this section unless authorized by the Captain of the Safety Zone for Heavy Weather and other Natural
Port San Juan. Disasters, Savannah Captain of the Port Zone, Savannah,
GA.
(2) Vessels seeking to enter a security zone established in
this section, may contact the COTP on VHF channel 16 or (a) Regulated areas. The following areas are established as
by telephone at (787) 289-2041 to request permission. safety zones during the specified conditions:

(3) All persons and vessels granted permission to enter the (1) Savannah, GA. All waters within the Port of Savannah,
security zone must comply with the orders of the Captain of GA, encompassed within following locations: starting at the
the Port San Juan and designated on-scene U.S. Coast demarcation line drawn across the seaward extremity of the
Guard patrol personnel. On-scene U.S. Coast Guard patrol Savannah River entrance, and encompassing all of the
personnel include commissioned, warrant, and petty officers waters of the Savannah River, Savannah GA.
of the U.S. Coast Guard.
(2) Brunswick, GA. All waters starting at the demarcation
(d) Effective period. This section is effective on April 29, line drawn across the seaward extremity of the Savannah
2009. River entrance, and encompassing all of the waters of the
Brunswick River, Brunswick GA.
[USCG-2008-0070, 74 FR 14049, Mar. 30, 2009]
(3) All coordinates are North American Datum 1983.
165.779 Regulated Navigation Area; Columbus Day
Weekend, Biscayne Bay, Miami, FL. (b) Definition.
(a) Regulated area. The regulated navigation area
encompasses all waters of Biscayne Bay between (1) The term "designated representative" means Coast
Rickenbacker Causeway Bridge and Coon Point, Elliot Key Guard Patrol Commanders, including Coast Guard
contained within an imaginary line connecting the following coxswains, petty officers, and other officers operating Coast
points: beginning at Point 1 in position 254449 N, Guard vessels, and Federal, state, and local officers
801204 W; thence southwest to Point 2 in position designated by or assisting the Captain of the Port Savannah
253000 N, 801548 W; thence southeast to in the enforcement of the regulated area.
Point 3 in position 25 28 22 N, 80 15 00 W;
(2) Hurricane Port Condition YANKEE. Set when weather
thence east to Point 4 in position 252823 N, 8012 advisories indicate that sustained Gale Force winds from a
53 W; thence northeast to Point 5 in position 2530 tropical or hurricane force storm are predicted to make
00 N, 801206 W; thence west to Point 6 in position landfall at the port within 24 hours.
253000 N, 801317 W; thence northwest to
Point 7 in position 25 30 53 N, 80 13 21 W; (3) Hurricane Port Condition ZULU. Set when weather
thence northeast to Point 8 in position 254357 N, advisories indicate that sustained Gale Force winds from a
801001 W; thence back to origin. All coordinates are tropical or hurricane force storm are predicted to make
North American Datum 1983. landfall at the port within 12 hours.

(b) Definition. The term designated representative means (c) Regulations.


Coast Guard Patrol Commanders, including Coast Guard
coxswains, petty officers, and other officers operating Coast (1) Hurricane Port Condition YANKEE. All commercial,
Guard vessels, and Federal, state, and local officers oceangoing vessels and barges over 500 GT are prohibited
designated by or assisting the Captain of the Port Miami in from entering the regulated areas designated as being in
the enforcement of the regulated area. Port Condition YANKEE; within 24 hours of anticipated
landfall of gale force winds (39 mph) from tropical or
(c) Regulations. hurricane force storm; or upon the Coast Guard setting Port
Condition YANKEE for inbound ocean going commercial
(1) All vessels within the regulated area are required to vessel traffic over 500 GT. Oceangoing commercial vessel
transit at no more than 15 knots, are subject to control by the traffic outbound will be authorized to transit through the

608
regulated areas until Port Condition ZULU. (a) Definitions. As used in this section:

(2) Hurricane Port Condition ZULU. All commercial, (1) Breakaway means a barge that is adrift and is not under
oceangoing vessels and barges over 500 GT are prohibited the control of a towing vessel.
from entering the regulated areas designated as being in
Port Condition ZULU; within 12 hours of anticipated landfall (2) COTP means the Captain of the Port, New Orleans.
of a tropical storm or hurricane; or upon the Coast Guard
setting Port Condition ZULU, unless written permission is (3) Fleet includes one or more tiers.
obtained from the Captain of the Port. All ship-to-shore cargo
operations must cease six hours prior to setting Port (4) Fleeting facility means the geographic area along or
Condition Zulu. near a river bank at which a barge mooring service, either for
hire or not for hire, is established.
(3) Emergency Waterway Restriction for Other Disasters.
Any natural or other disasters that are anticipated to affect (5) Mooring barge or spar barge means a barge moored to
the COTP Savannah AOR will result in the prohibition of mooring devices and to which other barges may be moored.
commercial vessel traffic transiting or remaining in any of the
two regulated areas predicted to be affected as designated (6) Mooring device includes a deadman, anchor, pile or
by the COTP Savannah. other reliable holding apparatus.

(4) Persons and vessels desiring to enter, transit through, (7) Person in charge includes any owner, agent, pilot,
anchor in, or remain in the regulated area may contact the master, officer, operator, crewmember, supervisor,
Captain of the Port Savannah via telephone at (912)-247- dispatcher or other person navigating, controlling, directing
0073, or a designated representative via VHF radio on or otherwise responsible for the movement, action, securing,
channel 16, to request authorization. If authorization to enter, or security of any vessel, barge, tier, fleet or fleeting facility
transit through, anchor in, or remain in the regulated area is subject to the regulations in this section.
granted by the Captain of the Port Savannah or a designated
representative, all persons and vessels receiving such (8) Tier means barges moored interdependently in rows or
authorization must comply with the instructions of the groups.
Captain of the Port Savannah or a designated representative.
(b) Waivers:
(5) Coast Guard Marine Safety Unit Savannah will attempt to
notify the maritime community of periods during which these (1) The COTP may, upon written request, except as allowed
safety zones will be in effect via Broadcast Notice to in paragraph (3) of this subsection, waive any regulation in
Mariners or by on-scene designated representatives. this sectio if it is found that the proposed operation can be
conducted safely under the terms of that waiver.
(6) The Coast Guard will provide notice of the regulated area
via Broadcast Notice to Mariners or by on-scene designated (2) Each written request for a waiver must state the need for
representatives. the waiver and describe the proposed operation.

(7) This regulation does not apply to authorized law (3) Under unusual circumstances due to time constraints, the
enforcement agencies operating within the regulated area. person in charge may orally request an immediate waiver
from the COTP. The written request for a waiver must be
[FR Doc. 2015-11177 Filed 5-7-15; 8:45 am] submitted within five working days after the oral request.

Eighth Coast Guard District (4) The COTP may, at any time, terminate any waiver issued
under this subsection.
165.802 Lower Mississippi River Vicinity Of Old River
Control Structure-Safety Zone. (c) Emergencies. In an emergency, a person may depart
(a) The area enclosed by the following boundary is a safety from any regulation in this section to the extent necessary to
zone-from the Black Hawk Point Light, mile 316.1 AHP LMR avoid immediate danger to persons, property or the
to a point opposite Ft. Adams Light, mile 311.5 AHP along environment.
the low water reference plane above the right descending
bank; thence to the levee on a line perpendicular to the (d) Mooring: General.
channel centerline; thence along the levee to the upstream
end of the Old River Overbank structure; thence along a line (1) No person may secure a barge to trees or to other
to the Black Hawk Point Light. vegetation.

(b) Any vessel desiring to enter this safety zone must first (2) No person may allow a barge to be moored with
obtain permission from the Captain of the Port, New Orleans. unraveled or frayed lines or other defective or worn mooring.
The resident engineer at Old River Control Structure (WUG-
424) is delegated the authority to permit entry into this safety (3) No person may moor barges side to side unless they are
zone. secured to each other from fittings as close to each corner of
abutting sides as practicable.
[CGD8-87-10, 53 FR 15207, Apr. 28, 1988, as amended by
CGD8 89-03, 54 FR 16108, Apr. 21, 1989] (4) No person may moor barges end to end unless they are
secured to each other from fittings as close to each corner of
165.803 Mississippi River-Regulated Navigation Area. abutting ends as practicable.
The following is a Regulated Navigation Area-The waters of
the Mississippi River between miles 88 and 240 above Head (e) Mooring to a mooring device.
of Passes.

609
(1) A barge may be moored to mooring devices if the line and connecting equipment used to moor each barge;
upstream end of that barge is secured to at least one and
mooring device and the downstream end is secured to at
least one other mooring device, except that from mile 127 to (2)(ii) After a towboat adds barges to, withdraws barges from,
mile 240 a barge may be moored to mooring devices if the or moves barges at a fleeting facility, each mooring wire, line,
upstream end of that barge is secured to at least one and connecting equipment of each barge within each tier
mooring device. affected by that operation.

(2) Barges moored in tiers may be shifted to mooring (3) The person who inspects moorings shall take immediate
devices if the shoreward barge at the upstream end of the action to correct each deficiency.
tier is secured to at least one mooring device, and the
shoreward barge at the downstream end of the tier is (i) Fleeting facility: Records. The person in charge of a
secured to at least one other mooring device, except that fleeting facility shall maintain, and make available to the
from mile 127 to mile 240 barges moored in tiers may be Coast Guard, records containing the following information:
shifted to mooring devices if the shoreward barge at the
upstream end of the tier is secured to at least one mooring (1) The time of commencement and termination of each
device. inspection required in paragraph (h)(2) of this section.

(3) Each wire rope used between the upstream end of a (2) The name of each person who makes the inspection
barge and a mooring device must have at least a diameter of required in paragraph (h)(2) of this section.
1 1/4 inch. Chain or line used between the upstream end of
a barge and a mooring device must be at least equivalent in (3) The identification of each barge entering and departing
strength to 1 1/4 inch diameter wire rope. the fleeting facility, along with the following information:

(4) Each wire rope used between the downstream end of a (3)(i) Date and time of entry and departure; and
barge and a mooring device must have at least a diameter of
7/8 inch. Chain or line used between the downstream end of (3)(ii) The names of any hazardous cargo which the barge is
a barge and a mooring device must be of at least equivalent carrying.
strength of 7/8 inch diameter wire rope.
NOTE: The requirements in paragraph (i)(3) of this section
(f) Moorings: Barge-to-barge; barge-to-vessel; barge-to- for the listing of hazardous cargo refer to cargoes regulated
wharf or pier. The person in charge shall ensure that a barge by Subchapters D and O of Chapter I, Title 46, Code of
moored to another barge, a mooring or spar barge, a vessel, Federal Regulations.
a wharf, or a pier, is secured as near as practicable to each
abutting corner of the barge being moored by: (j) Fleeting facility: Surveillance.

(1) Three parts of wire rope of at least 7/8 inch diameter with (1) The person in charge of a fleeting facility shall assign a
an eye at each end of the rope passed around the person to be in continuous surveillance and to observe the
timberhead, caval, or button; barges in the fleeting facility. Joint use of this person by
adjacent facilities may be considered upon submission of a
(2) A mooring of natural or synthetic fiber rope that has at detailed proposal for a waiver to the COTP.
least 75 percent of the breaking strength of three parts of 7/8
inch diameter wire rope; or (2) The person who observes the barges shall:

(3) Fixed rigging that is at least equivalent to three parts of (2)(i) Inspect for movements that are unusual for properly
7/8 inch diameter wire rope. secured barges; and

(g) Mooring: Person in charge. (2)(ii) Take immediate action to correct each deficiency.

(1) The person in charge of a barge, tier, fleet or fleeting (k) Fleeting facility: person in charge. The person in
facility shall ensure that the barge, tier, fleet or fleeting charge of a fleeting facility shall ensure that each deficiency
facility meets the requirements in paragraphs (d) and (e) of found under the requirements of paragraph (h) or (j) of this
this section. section is corrected.

(2) The person in charge shall ensure that all mooring (l) Securing breakaways. The person in charge shall take
devices, wires, chains, lines and connecting gear are of immediate action to:
sufficient strength and in sufficient number to withstand
forces that may be exerted on them by moored barges. (1) Secure each breakaway; and

(h) Fleeting facility: inspection of moorings. (2) Report each breakaway as soon as possible to the COTP
by telephone, radio or other means of rapid communication.
(1) The person in charge of a fleeting facility shall assign a
person to inspect moorings in accordance with the (m) High water.
requirements in paragraph (h)(2) of this section.
(1) This subsection applies to barges on the Mississippi
(2) The person assigned to inspect moorings shall inspect: River between miles 88 and 240 above Head of Passes
when:
(2)(i) At least twice each day during periods that are six
hours or more apart, each mooring wire, chain, line and (1)(i) The Carrollton gage stands 12 feet or more; or
connecting gear between mooring devices and each wire,

610
(1)(ii) The Carrollton gage stands 10 feet, the U.S. Army (3)(iii) No person in charge of a tow arriving in this regulated
Corps of Engineers forecasts the Mississippi River is rising navigation area may moor unless the COTP is notified prior
to 12 feet, and the District Commander determines these to arrival in the regulated navigation area.
circumstances to be especially hazardous and issues orders
directing that paragraphs (m)(2) and (3) of this section are in [CGD 79-034, 47 FR 29660, July 8, 1982, as amended by
effect. CGD 82-020, 47 FR 35483, Aug. 16, 1982; CGD 79-026, 48
FR 35408, Aug. 4, 1983; CGD 88-075, 54 FR 14958, Apr. 14,
(2) During high water, the person in charge of a fleeting 1989; 59 FR 21933, Apr. 28, 1994; 60 FR 37941, July 25,
facility shall ensure compliance with the following 1995]
requirements:
165.804 [Revmoved]
(2)(i) Each fleet consisting of eight or more barges must be
attended by at last one radar-equipped towboat for each 100 165.805 Security Zones; Calcasieu River and Ship
barges or less. Joint use of this towboat by adjacent facilities Channel, Louisiana.
may be considered upon submission of a detailed proposal (a) Location.
for a waiver.
(1) The following areas are designated as fixed security
(2)(ii) Each fleet must have two or more towboats in zones (all coordinates are based upon North American
attendance when: Datum of 1983 [NAD 83]):

(2)(ii)(A) Barges are withdrawn from or moved within the (i) Trunkline LNG basin. All waters encompassed by a line
fleet and the fleet at the start of the operation contains eight connecting the following points, beginning at 3006'36" N,
or more barges; or 9317'36" W, south to a point 3006'33" N, 9317'36" W, east
to a point 3006'30" N, 9317'02" W, north to a point
(2)(ii)(B) Barges are added to the fleet and the number of 3006'33" N, 9317'01" W, then tracing the shoreline along
barges being added plus the fleet at the start of the the water's edge to the point of origin.
operation total eight or more.
(ii) Cameron LNG basin. All waters encompassed by a line
(2)(iii) Each towboat required in paragraphs (m)(2)(i) and connecting the following points, beginning at 3002'33" N,
(2)(ii) of this section must be: 09319'53" W, east to a point at 3002'34" N, 09319'50" W,
south to a point at 3002'10" N, 09319'52" W and west to a
(2)(iii)(A) Capable of safely withdrawing, moving or adding point at 3002'10" N, 9319'59" W, then tracing the shoreline
each barge in the fleet; along the water's edge to the point of origin.

(2)(iii)(B) Immediately operational; (iii) PPG Industries basin. All waters encompassed by a
line connecting the following points: Beginning at 3013'29"
(2)(iii)(C) Radio-equipped; N, 9316'34" W, southwest to a point at 3013'11" N,
9316'51" W, then proceeding southerly following 100 feet
(2)(iii)(D) Within 500 yards of the barges; and off the shoreline to a point at 3012'57.2" N, 9316'53.2" W,
then east to a point at 3012'57.2" N, 9316'50.6" W then
(2)(iv) The person in charge of each towboat required in southerly to a point at 3012'47.7" N, 9316'50.3" W then
paragraphs (m)(2)(i) and (2)(ii) of this section shall maintain: west to the shoreline and then following along the water's
edge to the point of origin.
(2)(iv)(A) A continuous guard on the frequency specified by
current Federal Communications Commission regulations (2) The following areas are moving security zones: All waters
found in Part 83 of Title 47, Code of Federal Regulations; within the Captain of the Port, Port Arthur zone commencing
and at U.S. territorial waters and extending channel edge to
channel edge on the Calcasieu Channel and shoreline to
(2)(iv)(B) When moored, a continuous watch on the barges shoreline on the Calcasieu River, 2 miles ahead and 1 mile
in the fleeting facility. astern of certain designated vessels while in transit. Meeting,
crossing or overtaking situations are not permitted within the
(2)(v) During periods when visibility is less than 200 yards, security zone unless specifically authorized by the Captain of
the person in charge of each towboat required in paragraph the Port. Coast Guard patrol assets will be on scene with
(m)(2)(i) of this subsection shall maintain, when moored, a flashing blue lights energized when the moving security
continuous radar surveillance of the barges moored in the zones are in effect.
fleeting facility.
(b) Regulations.
(3) During high water when visibility is reduced to less than
200 yards: (1) Entry into or remaining in a fixed zone described in
paragraph (a)(1) of this section is prohibited for all vessels
(3)(i) Tows may not be assembled or disassembled; except:

(3)(ii) No barge may be added to, withdrawn from or moved (i) Commercial vessels operating at waterfront facilities
within a fleet except: within these zones;
(ii) Commercial vessels transiting directly to or from
(3)(ii)(A) A single barge may be added to or withdrawn from waterfront facilities within these zones;
the channelward or downstream end of the fleet; and
(iii) Vessels providing direct operational or logistical support
(3)(ii)(B) Barges made up in a tow may depart a fleet from to commercial vessels within these zones;
the channelward or downstream end of the fleet; and

611
(iv) Vessels operated by the appropriate port authority or by [CGD8-83-09, 49 FR 35500, Sept. 10, 1984]
facilities located within these zones; and
165.807 Calcasieu River, Louisiana-Regulated
(v) Vessels operated by federal, state, county, or municipal Navigation Area.
agencies. (a) The following is a regulated navigation area-The
Calcasieu River from the Calcasieu jetties up to and
(2) Entry into or remaining in moving zones described in including the Port of Lake Charles.
paragraph (a)(2) of this section is prohibited for all vessels
except: (b) Unless otherwise authorized by the Captain of the Port,
Port Arthur, Texas, tows on a hawser of 1000 gross tons or
(i) Moored vessels or vessels anchored in a designated greater transiting the Calcasieu River are prohibited unless
anchorage area. A moored or an anchored vessel in a such tows have a tug of sufficient horsepower made up to
security zone described in paragraph (a)(2) of this section the tow in such a manner as to insure that complete and
must remain moored or anchored unless it obtains effective control is maintained at all times. Inbound vessels
permission from the Captain of the Port to do otherwise; only, may shift the tow or pick up an additional tug within 100
yards inside the entrance jetties provided that such action is
(ii) Commercial vessels operating at waterfront facilities necessary for reasons for prudent seamanship.
located within the zone;
[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]
(iii) Vessels providing direct operational support to
commercial vessels within a moving security zone; 165.808 Corpus Christi Ship Channel, Corpus Christi,
TX, Safety Zone.
(iv) Vessels operated by federal, state, county, or municipal (a) The following areas are established as safety zones
agencies. during specified conditions:

(3) Other persons or vessels requiring entry into security (1) For incoming tank vessels loaded with Liquefied
zones described in this section must request permission Petroleum Gas, the waters within a 500 yard radius of the
from the Captain of the Port, Port Arthur or designated LPG carrier while the vessel transits the Corpus Christi Ship
representatives. Channel to the LPG receiving facility. The safety zone
remains in effect until the LPG vessel is moored at the LPG
(4) To request permission as required by these regulations, receiving facility.
contact Marine Safety Unit Lake Charles at (337) 491-7800
or the on scene patrol vessel. (2) For outgoing tank vessels loaded with LPG, the waters
within a 500 yard radius of the LPG carrier while the vessel
(5) All persons and vessels within a security zone described departs the LPG facility and transits the Corpus Christi Ship
in this section must comply with the instructions of the Channel. The safety zone remains in effect until the LPG
Captain of the Port, Port Arthur, designated on-scene U.S. vessel passes the seaward extremity of the Aransas Pass
Coast Guard patrol personnel or other designated Jetties.
representatives. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers (b) The general regulations governing safety zones
of the U.S. Coast Guard. Designated representatives include contained in 33 CFR 165.23 apply.
federal, state, local and municipal law enforcement agencies.
(c) The Captain of the Port will notify the maritime
(c)Informational Broadcasts: community of periods during which this safety zone will be in
effect by providing advance notice of scheduled arrivals and
The Captain of the Port, Port Arthur will inform the public departures of loaded LPG vessels via a Marine Safety
when moving security zones have been established around Information Broadcast Notice to Mariners.
vessels via Broadcast Notices to Mariners and written notice
provided by escort vessels. [CGD 8-84-07, 50 FR 15744, Apr. 22, 1985; 50 FR 19933,
May 13, 1985]
[USCG-2009-0317, 75 FR 18757, Apr. 13, 2010]
165.809 Security Zones; Port Of Port Lavaca-Point
165.806 Sabine Neches Waterway, Texas-Regulated Comfort, Point Comfort, TX And Port Of Corpus Christi
Navigation Area. Inner Harbor, Corpus Christi, TX.
(a) The following is a regulated navigation area-The Sabine (a) Location. The following area is designated as a security
Neches Waterway which includes the following waters: zone: all waters of the Corpus Christi Inner Harbor from the
Sabine Pass Channel, Port Arthur Canal, Sabine Neches Inner Harbor Bridge (U.S. Hwy 181) to, and including the
Canal, Neches River, Sabine River and all navigable Viola Turning Basin.
waterways tributary thereto.
(b) Regulations.
(b) Unless otherwise authorized by the Captain of the Port,
Port Arthur, Texas, tows on a hawser of 1000 gross tons or (1) No recreational vessels, passenger vessels, or
greater transiting the Sabine-Neches Waterway are commercial fishing vessels may enter the security zone
prohibited unless such tows have a tug of sufficient unless specifically authorized by the Captain of the Port
horsepower made up to the tow in such a manner as to Corpus Christi or a designated representative.
insure that complete and effective control is maintained
throughout the transit. Inbound vessels only, may shift the (2) Recreational vessels, passenger vessels and commercial
tow or pick up an additional tug within 100 yards inside the fishing vessels requiring entry into the security zone must
entrance jetties provided that such action is necessary for contact the Captain of the Port Corpus Christi or a
reasons of prudent seamanship. designated representative. The Captain of the Port may be

612
contacted via VHF Channel 16 or via telephone at (361) 888- (2) No vessel having a speed of less than ten mph shall
3162 to seek permission to transit the area. If permission is enter South Pass from the Gulf when the stage of the
granted, all persons and vessels must comply with the Mississippi River exceeds 15 feet on the Carrollton Gage at
instructions of the Captain of the Port, Corpus Christi or a New Orleans. This paragraph does not apply when
designated representative. Southwest Pass is closed to navigation.

(3) Designated representatives include U.S. Coast Guard (3) No vessel, except small craft and towboats and tugs
commissioned, warrant, and petty officers. without tows, ascending South Pass shall pass Franks
Crossing Light until after a descending vessel shall have
(c) Authority. In addition to 33 U.S.C. 1231, the authority for passed Depot Point Light.
this section includes 33 U.S.C. 1226.
(4) No vessel, except small craft and towboats and tugs
[COTP Corpus Christi-02-003, 67 FR 64046, Oct. 17, 2002, without tows, shall enter the channel at the head of South
as amended by COTP Corpus Christi-04-006, 70 FR 39178, Pass until after an ascending vessel which has reached
July 7, 2005] Franks Crossing Light shall have passed through into the
river.
165.810 Mississippi River, LA-Regulated Navigation
Area. (5) When navigating South Pass during periods of darkness
(a) Purpose and applicability. This section prescribes rules no tow shall consist of more than one towed vessel other
for all vessels operating in the Lower Mississippi River below than small craft, and during daylight hours no tow shall
mile 233.9 above Head of Passes including South Pass and consist of more than two towed vessels other than small
Southwest Pass, to assist in the prevention of allisions; craft. Tows may be in any formation. When towing on a
collisions and groundings so as to ensure port safety and hawser, the hawser shall be as short as practicable to
protect the navigable waters of the Mississippi River from provide full control at all times.
environmental harm resulting from those incidents, and to
enhance the safety of passenger vessels moored or (6) When towing in Southwest Pass during periods of
anchored in the Mississippi River. darkness no tow shall consist of more than two towed
vessels other than small craft, and during daylight hours no
(b) Lower Mississippi River below mile 233.9 above Head tow shall consist of more than three towed vessels other
of Passes including South and Southwest Passes: than small craft.

(1) Supervision. The use, administration, and navigation of (e) Watch requirements for anchored and moored
the waterways to which this paragraph applies shall be passenger vessels.
under the supervision of the District Commander, Eighth
Coast Guard District. (1) Passenger vessels. Except as provided in paragraph
(e)(2) of this section, each passenger vessel with one or
(2) Speed; high-water precautions. When passing another more passengers on board, must
vessel (in motion, anchored, or tied up), a wharf or other
structure, work under construction, plant engaged in river (i) Keep a continuously manned pilothouse; and
and harbor improvement, levees withstanding flood waters,
building partially or wholly submerged by high water, or any (ii) Monitor river activities and marine VHF, emergency and
other structure liable to damage by collision, suction or wave working frequencies of the port, so as to be immediately
action, vessels shall give as much leeway as circumstances available to take necessary action to protect the vessel, crew,
permit and reduce their speed sufficiently to preclude and passengers if an emergency radio broadcast, danger
causing damages to the vessel or structure being passed. signal, or visual or other indication of a problem is received
Since this subparagraph pertains directly to the manner in or detected.
which vessels are operated, masters of vessels shall be held
responsible for strict observance and full compliance (2) Each ferryboat, and each small passenger vessel to
therewith. During high river stages, floods, or other which 46 CFR 175.110 applies, may monitor river activities
emergencies, the District Commander may prescribe by using a portable radio from a vantage point other than the
navigation bulletins or other means the limiting speed in land pilothouse.
miles per hour deemed necessary for the public safety for
the entire section or any part of the waterways covered by (f) Each self-propelled vessel of 1,600 or more gross
this paragraph, and such limiting speed shall be strictly tons subject to 33 CFR part 164 shall also comply with
observed. the following:

(3) Towing. Towing in any formation by a vessel with (1) While under way in the RNA, each vessel must have an
insufficient power to permit ready maneuverability and safe engineering watch capable of monitoring the propulsion
handling is prohibited. system, communicating with the bridge, and implementing
manual-control measures immediately when necessary. The
(c) [Reserved] watch must be physically present in the machinery spaces or
in the machinery-control spaces and must consist of at least
(d) Navigation of South and Southwest Passes. an appropriately licensed or credentialed engineer officer.
(1) No vessel, except small craft and towboats and tugs (2) Before embarking a pilot when entering or getting under
without tows, shall enter either South Pass or Southwest way in the RNA, the master of each vessel shall ensure that
Pass from the Gulf until after any descending vessel which the vessel is in compliance with 33 CFR part 164.
has approached within two and one-half (21/2) miles of the
outer end of the jetties and visible to the ascending vessel (3) The master shall ensure that the chief engineer has
shall have passed to sea. certified that the following additional operating conditions will

613
be satisfied so long as the vessel is under way within the (d) Towing requirements.
RNA:
(1) Towing on a hawser is not authorized, except that one
(i) The main propulsion plant is in all respects ready for self-propelled vessel may tow one other vessel without
operations including the main-propulsion air-start systems, barges upbound;
fuel systems, lubricating systems, cooling systems, and
automation systems; (2) A towing vessel and barges must be arranged in tandem,
except that one vessel may tow one other vessel alongside;
(ii) Cooling, lubricating, and fuel-oil systems are at proper
operating temperatures; (3) Length of tow must not exceed 1,180 feet; and

(iii) Main propulsion machinery is available to immediately (4) Tows with a box end in the lead must not exceed 400
respond to the full range of maneuvering commands any feet in length.
load-limiting programs or automatic acceleration-limiting
programs that would limit the speed of response to engine Note: The variation in the draft and the beam of the barges
orders beyond that needed to prevent immediate damage to in a multi-barge tow should be minimized in order to avoid
the propulsion machinery are capable of being overridden unnecessary strain on coupling wires.
immediately.
(e) Horsepower Requirement.
(iv) Main-propulsion standby systems are ready to be
immediately placed in service. (1) The following requirements apply to a towing vessel of
3,000 hp or less:
(g) [Reserved]
Table 165.811(e)Minimum Available Horsepower
Note to 165.810:Control Light provisions (previously Requirement
referenced in paragraph (c) of this section) used to manage
vessel traffic during periods of high waters in the vicinity of [The greater value listed.]
Algiers Point are located in 33 CFR 161.65(c). The special Direction
operating requirements (previously referenced in paragraph of tow Daytime (sunrise to sunset) Nighttime (sunset to sunrise)
(g) of this section) used to manage vessel traffic in the
Upbound 400hp or (Length of tow300ft) 3 600hp or (Length of tow200ft)
vicinity of Eighty-one Mile Point are located in 33 CFR 3.
161.65(e).(Sec. 104, Pub. L. 92-340, 86 Stat. 424 (33 U.S.C.
1224); sec. 2, Pub. L. 95-474, 92 Stat. 1471 (33 U.S.C. Downbound 600hp or (Length of tow200ft) 3 600hp or (Length of tow) 3.
1223); 49 CFR 1.46(n)(4))
Note: A 5% variance from the available horsepower is
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by authorized.
CGD 78-080, 44 FR 47933, Aug. 16, 1979; CGD 86-049, 51
FR 27840, Aug. 4, 1986. Redesignated by CGD 90-020, 59 (2) All tows carrying cargoes of particular hazard as defined
FR 36324, July 15, 1994; CGD 95-033, 60 FR 28333, May in 160.202 of this chapter must have available horsepower
31, 1995; CCGD08-97-020, 62 FR 58653, Oct. 30, 1997; 64 of at least 600 hp or three times the length of tow, whichever
FR 18813, Apr. 16, 1999; CGD08-07-007, 72 FR 41625, July is greater.
31, 2007; USCG-2006-24371, 74 FR 11213, Mar. 16, 2009;
USCG-1998-4399, 75 FR 66315, Oct. 28, 2010] (f) Notice of Requirements. Notice that these rules are
anticipated to be put into effect, or are in effect, will be given
165.811 Atchafalaya River, Berwick Bay, LA-Regulated by:
Navigation Area.
(a) The following is a regulated navigation area: the waters (1) Marine information broadcasts;
of the Atchafalaya River in Berwick Bay bounded on the
northside from 2,000 yards north of the U.S. 90 Highway (2) Notices to mariners;
Bridge and on the southside from 4,000 yards south of the
Southern Pacific Railroad (SPRR) Bridge. (3) Vessel Traffic Center advisories or upon vessel
information request; and
(b) Within the regulated navigation area described in
paragraph (a) of this section, 161.40 of this chapter [CGD 90-020, 59 FR 36334, July 15, 1994, as amended by
establishes a VTS Special Area for waters within a 1000 CGD 95-033, 60 FR 28333, May 31, 1995; CGD08-06-023,
yard radius of the SPRR Bridge. 72 FR 27741, May 17, 2007; USCG-2005-21869, 80 FR
5336, Jan. 30, 2015]
(c) When the Morgan City River gauge reads 3.0 feet or
above mean sea level, in addition to the requirements set 165.812 Security Zones; Lower Mississippi River,
forth in 161.13 of this chapter, the requirements of Southwest Pass Sea Buoy To Mile Marker 96.0, New
paragraph (d) and (e) of this section apply to a towing vessel Orleans, LA.
which will navigate: (a) Location. Within the Lower Mississippi River and
Southwest Pass, moving security zones are established
(1) under the lift span of the SPRR Bridge; or around all cruise ships between the Southwest Pass
Entrance Lighted Buoy SW , at approximate position
(2) through the navigational opening of the U.S. 90 Highway 285242 N, 892554 W [NAD 83] and Lower
Bridge: or Mississippi River mile marker 96.0 in New Orleans,
Louisiana. These moving security zones encompass all
(3) through the navigational opening of the Highway 182 waters within 500 yards of a cruise ship. These zones
Bridge.

614
remain in effect during the entire transit of the vessel and (i) Vessels may enter within 500 yards but not closer than
continue while the cruise ship is moored or anchored. 100 yards of a cruise ship provided they operate at the
minimum speed necessary to maintain a safe course.
(b) Regulations.
(ii) No person or vessel may enter within 100 yards of a
(1) Entry of persons and vessels into these zones is cruise ship unless expressly authorized by the Coast Guard
prohibited unless authorized as follows. Captain of the Port Houston-Galveston. Where the Houston
Ship Channel narrows to 400 feet or less between Houston
(i) Vessels may enter within 500 yards but not closer than Ship Channel Entrance Lighted Bell Buoy 18, light list
100 feet of a cruise ship provided they operate at the no. 34385 at approximately 292106 N, 944700
minimum speed necessary to maintain a safe course. W [NAD 83] and Barbours Cut, the Captain of the Port
Houston-Galveston may permit vessels that must transit the
(ii) No person or vessel may enter within 100 feet of a cruise navigable channel between these points to enter within 100
ship unless expressly authorized by the Coast Guard yards of a cruise ship.
Captain of the Port New Orleans or his designated
representative. (iii) Moored vessels or vessels anchored in a designated
anchorage area are permitted to remain within 100 yards of
(iii) Moored vessels or vessels anchored in a designated a cruise ship while it is in transit.
anchorage area are permitted to remain within 100 feet of a
cruise ship while it is in transit. (2) Vessels requiring entry within 500 yards of a cruise ship
that cannot slow to the minimum speed necessary to
(2) Vessels requiring entry within 500 yards of a cruise ship maintain a safe course must request express permission to
that cannot slow to the minimum speed necessary to proceed from the Captain of the Port Houston-Galveston, or
maintain a safe course must request express permission to his designated representative.
proceed from the Captain of the Port New Orleans or his
designated representative. (3) For the purpose of this section the term cruise ship is
defined as a passenger vessel over 100 gross tons, carrying
(3) For the purpose of this rule the term cruise ship is more than 12 passengers for hire, making a voyage lasting
defined as a passenger vessel over 100 gross tons, carrying more than 24 hours, any part of which is on the high seas,
more than 12 passengers for hire, making a voyage lasting and for which passengers are embarked or disembarked in
more than 24 hours, any part of which is on the high seas, the United States or its territories.
and for which passengers are embarked or disembarked in
the United States or its territories. (4) The Captain of the Port Houston-Galveston will inform
the public of the moving security zones around cruise ships
(4) The Captain of the Port New Orleans will inform the via Marine Safety Information Broadcasts.
public of the moving security zones around cruise ships via
Marine Safety Information Broadcasts. (5) To request permission as required by these regulations
contact Houston Traffic via VHF Channels 11/12 or via
(5) To request permission as required by these regulations phone at 281-464-4837.
contact New Orleans Traffic via VHF Channels 13/67 or via
phone at (504) 589-2780 or (504) 589-6261. (6) All persons and vessels within the moving security zone
shall comply with the instructions of the Captain of the Port
(6) All persons and vessels within the moving security zones Houston-Galveston and designated on-scene U.S. Coast
shall comply with the instructions of the Captain of the Port Guard patrol personnel. On-scene U.S. Coast Guard patrol
New Orleans and designated on-scene U.S. Coast Guard personnel include commissioned, warrant, and petty officers
patrol personnel. On-scene U.S. Coast Guard patrol of the U.S. Coast Guard.
personnel include commissioned, warrant, and petty officers
of the U.S. Coast Guard. (c) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for
this section includes 33 U.S.C. 1226. [COTP Houston-Galveston-02-010, 67 FR 64048, Oct. 17,
2002, as amended by USCG-2014-0410, 79 FR 38448, July
[COTP New Orleans-02-005, 67 FR 61989, Oct. 3, 2002] 7, 2014]
165.813 Security Zones; Ports Of Houston And
165.814 Security Zones; Captain Of The Port Houston-
Galveston, TX.
Galveston Zone.
(a) Location. Within the Ports of Houston and Galveston,
(a) Location. The following areas are designated as security
Texas, moving security zones are established encompassing
zones:
all waters within 500 yards of a cruise ship between
Galveston Bay Approach Lighted Buoy GB , at
(1) Houston, Texas. The Houston Ship Channel and all
approximate position 292118 N, 943736 W associated turning basins, bounded by a line drawn between
[NAD 83] and up to, and including, Barbours Cut. These Houston Ship Channel Light 132 (LLNR-24445) and Houston
zones remain in effect during the inbound and outbound Ship Channel Light 133 (LLNR-24450) west to the T & N Rail
entire transit of the cruise ship and continues while the Road Swing Bridge at the entrance to Buffalo Bayou,
cruise ship is moored or anchored. including all waters adjacent to the ship channel from
(b) Regulations. shoreline to shoreline and the first 200 yards of connecting
waterways.
(1) Entry of vessels or persons into these zones is prohibited
unless authorized as follows. (2) Morgan's Point, Texas. The Barbours Cut Ship Channel
and Turning Basin containing all waters west of a line drawn

615
between Junction Light Barbours Cut 294112 N, (iii) Vessels providing direct operational/logistic support to
945912 W (LLNR-23525), and Houston Ship Channel commercial vessels within these zones;
Light 91, 294100 N, 945900 W (LLNR-23375)
(NAD 1983). (iv) Vessels operated by the appropriate port authority or by
facilities located within these zones; and
(3) Bayport, TX. The Port of Bayport, Bayport Ship Channel
and Bayport Turning Basin containing all waters south of (v) Vessels operated by federal, state, county, or municipal
agencies.
latitude 283645 N and west of Bayport Ship Channel
Light 9 (LLNR-23295) (NAD 1983).
(2) Other persons or vessels requiring entry into a zone
described in this section must request express permission to
(4) Texas City, Texas. The Port of Texas City Channel,
enter from the Captain of the Port Houston-Galveston, or
Turning Basin and Industrial Canal containing all waters
designated representative. The Captain of the Port Houston-
bounded by the area south and west of a line drawn from
Galveston's designated representatives are any personnel
Texas City Channel Light 19 (LLNR 24810) through Cut B
granted authority by the Captain of the Port Houston-
Inner Range Front Light (LLNR 24765) and terminating on
Galveston to receive, evaluate, and issue written security
land in position 292316 N, 945315 W (NAD zone entry permits, or the designated on-scene U.S. Coast
1983). Guard patrol personnel described in paragraph (b)(4).
(5) Freeport, Texas. (3) To request permission as required by these regulations
contact Houston Traffic via VHF Channels 11/12 or by
(i) The Dow Barge Canal, containing all waters of the Dow phone at 281-464-4837.
Barge Canal north of a line drawn between 2856.81
N/09518.33 W and 2856.63 N/09518.54 W (4) All persons and vessels shall comply with the instructions
(NAD 1983). of the Captain of the Port Houston-Galveston and
designated on-scene U.S. Coast Guard patrol personnel.
(ii) The Brazos Harbor, containing all waters west of a line On-scene U.S. Coast Guard patrol personnel include
drawn between 2856.45 N, 09520.00 W, and 28 commissioned, warrant, and petty officers of the U.S. Coast
56.15 N, 09520.00 W (NAD 1983) at its junction with Guard.
the Old Brazos River.
[COTP Houston-Galveston-02-009, 67 FR 23593, May 5,
(iii) The Dow Chemical plant, containing all waters of the 2003, as amended by USCG-2009-0501, 75 FR 8493, Feb.
Brazos Point Turning Basin within 100 of the north shore 25, 2010; USCG-2008-0124, 75 FR 11002, Mar. 10, 2010;
and bounded on the east by the longitude line drawn through USCG-2014-0410, 79 FR 38448, July 7, 2014]
2856.58 N/09518.64 W and on the west by the
165.815 Ohio River At Louisville, KY; Regulated
longitude line drawn through 2856.64 N/09519.13
Navigation Area.
W (NAD 1983).
(a) The following is a regulated navigation area: The waters
of the Ohio River from the Clark Memorial (Highway) Bridge
(iv) The Seaway Teppco Facility, containing all waters of the
at Mile 603.5, downstream to McAlpine Dam at Mile 604.4.
Brazos Port Turning Basin bounded on the south by the
shore, the north by the Federal Channel, on the east by the
(b) The general regulations governing regulated navigation
longitude line running through 2856.44 N, 09518.83 area contained in 33 CFR part 165, subpart B apply.
W and 2856.48 N 09518.83 W and on the West by
the longitude line running through 2856.12 N, 095 (c) No pleasure or fishing craft shall be operated within the
19.27 W and 2856.11 N, 09519.34 W (NAD regulated navigation area at any time without prior
1983). permission of the Captain of the Port, Louisville, Kentucky,
except in case of emergency and except for passage
(v) The Conoco Phillips Facility docks, containing all waters through McAlpine Lock.
within 100 of a line drawn from a point on shore at Latitude
2855.96 N, Longitude 09519.77 W, extending west [CGD 2-89-04, 55 FR 23203, June 7, 1990. Redesignated by
to a point on shore at Latitude 2856.19 N, Longitude CGD 96-026, 61 FR 33669, June 28, 1996]
09520.07 W (NAD 1983).
165.817 Arkansas River, Mile 118.2 To 125.4, Little Rock
Arkansas-Regulated Navigation Area.
(vi) The Freeport LNG Basin containing all waters shoreward
(a) Location. The following is a regulated navigation area
of a line drawn between the eastern point at latitude 28 (RNA): The waters of the Arkansas River between mile
5625 N, 0951813 W, and the western point at 118.2 and mile 125.4.
285628 N, 0951831 W, east towards the jetties.
(b) Regulations. Transit of the RNA is limited during periods
(b) Regulations. of high velocity flow, defined as the flow rate of 70,000 cubic
feet per second or more at the Murray Lock and Dam at mile
(1) Entry of into these zones is prohibited except for the 125.4. The flow rate at this location is calculated by the U.S.
following: Army Corps of Engineers on a regular and routine basis.
This information will be distributed by announcements by
(i) Commercial vessels operating at waterfront facilities Coast Guard Marine Information Broadcasts, publication in
within these zones; Coast Guard Local Notice to Mariners, and telephone or
radio contact with the Lockmaster at Murray Lock and Dam.
(ii) Commercial vessels transiting directly to or from
waterfront facilities within these zones; (c) Transit of the RNA during periods of high velocity flow

616
may only occur under the following conditions: agencies.

(1) Vessels may not meet or pass in the RNA. (7) All persons and vessels within the moving security zone
must comply with the instructions of the Captain of the Port
(2) No vessel shall anchor, stop, remain or drift without Houston-Galveston and designated on-scene U.S. Coast
power at any time in the RNA. Guard patrol personnel. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant, and petty officers
(3) All vessels shall continually monitor VHF-FM channel 13 of the U.S. Coast Guard.
on their radiotelephone while in or approaching the RNA.
(8) To request permission as required by these regulations,
(4) Prior to entering the RNA, downbound vessels shall contact the Sector Houston-Galveston Command Center by
make a broadcast in the blind on VHF-FM channel 13 telephone at (713) 671-5113. In Freeport, vessels should
announcing their estimated time of departure from Murray contact the Captain of the Port's designated on-scene
Lock and Dam or from the mooring cells at mile 121.5 to representative for the moving security zone on VHF Channel
ensure there are no upbound vessels within the RNA. If 16, or by telephone at (979) 233-7551.
there is upbound traffic within the RNA, the downbound
vessel shall not depart until the upbound vessel has passed (c) Certain vessel definition. For the purposes of this
through the RNA. After departing, vessels will proceed section, certain vessel means any vessel within the 12
through the RNA, including all drawbridges located therein, nautical mile U.S. Territorial Waters and bound for the Port
without delay. of Freeport that is deemed to be in need of a moving security
zone by the Captain of the Port, Houston-Galveston for
(5) When upbound vessels reach mile 116, they shall make security reasons. In making this determination, the Captain
a broadcast in the blind on VHF-FM channel 13 announcing of the Port considers all relevant security factors, including
their estimated arrival time at the Rock Island Railroad but not limited to the presence of unusually harmful or
Bridge at mile 118.2. hazardous substances and the risk to population or
infrastructure.
(6) When a downbound vessel is already in the RNA, an
upbound vessel shall adjust its speed so as to avoid a (d) Informational broadcasts. The Captain of the Port
meeting situation in the RNA. Houston-Galveston will inform the public when moving
security zones have been established around certain vessels
(d) Refer to 33 CFR 117.123 for drawbridge operation via Broadcast Notice to Mariners on VHF channel 16 and 13.
regulations. Vessels that have a moving security zone in place around
them will display the international signal flag or pennant
[CGD2-90-04, 57 FR 22176, May 27, 1992. Redesignated by number five.
CGD 96-026, 61 FR 33669, June 28, 1996]
(e) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.
165.818 Moving Security Zones, for Certain Vessels in 191, the authority for this section includes 33 U.S.C. 1226.
Freeport Entrance Channel, Freeport, Texas.
(a) Location. The following areas are security zones: All [USCG-2008-0125, 75 FR 8490, Feb. 25, 2010]
waters within the Captain of the Port Houston-Galveston
Zone commencing at U.S. territorial waters through the 165.819Security Zone; Sabine Bank Channel, Sabine
Freeport Entrance Channel, from surface to bottom, one Pass Channel and Sabine-Neches Waterway, TX.
thousand (1000) yards ahead and astern and five hundred (a) Location.
(500) yards on each side of any vessel that has a moving
security zone established around it. (1) The following LNG facility mooring basins are designated
as fixed security zones whenever LNG carriers are moored
(b) Regulations. Entry into or remaining in the zones within them:
described in paragraph (a) of this section is prohibited unless
authorized as follows: (i) Golden Pass LNG, Sabine TX: All mooring basin waters
south of a line connecting the following pointsbeginning at
(1) Moored vessels or vessels anchored in a designated 294558 N, 0935540 W; then east to a point at
anchorage area are permitted to remain moored or anchored 294552.8 N, 0935520.8 W; then bearing 120
if they come within a security zone described in paragraph (a)
T to the shoreline at 294550 N, 0935517 W.
of this section. A moored or an anchored vessel in a security
zone must remain moored or anchored unless it obtains
(ii) Sabine Pass LNG, Cameron Parish, LA: All mooring
permission from the Captain of the Port to do otherwise.
basin waters north of a line connecting the following points
(2) Commercial vessels operating at the waterfront facilities beginning at the shoreline in position 294434.7 N,
within these zones. 0935229 W; then southeast to a point at 2944
31.4 N, 0935226.4 W; then bearing 121 T to a
(3) Commercial vessel transiting directly to or from point at 29 44 25.2 N, 093 52 14.6 W; then
waterfront facilities within these zones. bearing 116 T to the shoreline at 294423.75 N, 093
5200 W.
(4) Vessels providing direct operational/logistic support to
commercial vessels within these zones. (2) The following areas are designated as moving security
zones: All waters of the Captain of the Port, Port Arthur Zone
(5) Vessels operated by the port authority or by facilities commencing at U.S. territorial waters and extending from the
located within these zones. surface to the bottom, channel edge to channel edge on the
Sabine Bank and Sabine Pass Channels and shoreline to
(6) Vessels operated by Federal, State, county, or municipal shoreline on the Sabine-Neches Waterway, 2 miles ahead

617
and 1 mile astern of certain designated vessels while in agencies.
transit within in the Captain of the Port, Port Arthur zone.
Mariners would be notified of designated vessels by [USCG-2009-0316, 75 FR 65235, Oct. 22, 2010, as
Broadcast Notice to Mariners and the presence of escort amended at 76 FR 1521, Jan. 11, 2011]
vessels displaying flashing blue law enforcement lights.
165.820 Security Zone; Ohio River Mile 34.6 To 35.1,
(b) Regulations. Shippingport, Pennsylvania.
(a) Location. The following area is a security zone: The
(1) Entry into or remaining in a fixed security zone described waters of the Ohio River, extending 200 feet from the
in paragraph (a)(1) of this section is prohibited for all vessels shoreline of the left descending bank beginning from mile
except: marker 34.6 and ending at mile marker 35.1.

(i) Commercial vessels operating at waterfront facilities (b) Regulations.


within these zones;
(1) Entry into or remaining in this zone is prohibited unless
(ii) Commercial vessels transiting directly to or from authorized by the Coast Guard Captain of the Port,
waterfront facilities within these zones; Pittsburgh.

(iii) Vessels providing direct operational or logistical support (2) Persons and vessels desiring to transit the area of the
to commercial vessels within these zones; security zone may contact the Captain of the Port Pittsburgh
at telephone number 412-644-5808 or on VHF channel 16 to
(iv) Vessels operated by the appropriate port authority or by seek permission to transit the area. If permission is granted,
facilities located within these zones; and all persons and vessels must comply with the instructions of
the Captain of the Port Pittsburgh or his designated
(v) Vessels operated by Federal, State, county, or municipal representative.
law enforcement agencies.
(c) Authority. In addition to 33 U.S.C. 1231, the authority for
(2) Entry into or remaining in a moving security zone this section includes 33 U.S.C. 1226.
described in paragraph (a)(2) of this section is prohibited for
all vessels except: [COTP Pittsburgh-02-005, 67 FR 40163, June 12, 2002]

(i) Moored vessels or vessels anchored in a designated 165.821 Ohio River At Cincinnati, OH; Regulated
anchorage area. A moored or an anchored vessel in a Navigation Area.
security zone described in paragraph (a)(2) of this section (a) Location. The following is a regulated navigation area
must remain moored or anchored unless it obtains (RNA)The waters of the Ohio River between mile 466.0
permission from the Captain of the Port to do otherwise; and mile 473.0.

(ii) Commercial vessels operating at waterfront facilities (b) Activation. The restrictions in paragraphs (c) (1) through
located within the zone; (4) are in effect from one-half hour before sunset to one-half
hour after sunrise when the Cincinnati, Ohio, Ohio River
(iii) Vessels providing direct operational support to Gauge is at or above the 45 foot level. The Captain of the
commercial vessels within a moving security zone; Port, Louisville, Kentucky will publish a notice in the Local
Notice to Mariners and will make announcements by Coast
(iv) Vessels operated by Federal, State, county, or municipal Guard Marine Information Broadcasts whenever the river
law enforcement agencies. level measured at the gauge activates or terminates the
navigation restrictions in this section.
(3) Meeting, crossing or overtaking situations are not
permitted within the security zone described in paragraph (c) Regulations.
(a)(2) of this section unless specifically authorized by the
Captain of the Port. (1) Transit through the RNA by all downbound vessels
towing cargoes regulated by Title 46 Code of Federal
(4) Other persons or vessels requiring entry into security Regulations Subchapters D and O with a tow length
zones described in this section must request permission exceeding 600 feet excluding the tow boat is prohibited.
from the Captain of the Port, Port Arthur or designated
representative. (2) No vessel shall loiter, anchor, stop, remain or drift without
power at any time within the navigation channel of the RNA.
(5) To request permission to enter a security zone described
in this section, contact Vessel Traffic Service Port Arthur on (3) All commercial vessels shall continually monitor VHF-FM
VHF Channel 01A or 65A; by telephone at (409) 719-5070; channel 13 on their radiotelephone while in or approaching
by fax at (409) 719-5090; or contact the Captain of the Port's the RNA.
designated on-scene patrol vessel on VHF channel 13 or 16.
(4) Between Ohio River miles 464.0 and 466.0, downbound
(6) All persons and vessels within a security zone described vessels shall make a broadcast in the blind, on VHF-FM
in this section must comply with the instructions of the channel 13 announcing their estimated time of entering the
Captain of the Port, Port Arthur, designated on-scene U.S. RNA.
Coast Guard patrol personnel or other designated
representatives. Designated on-scene U.S. Coast Guard [CGD02-95-003, 61 FR 2417, Jan. 26, 1996. Redesignated
patrol personnel include commissioned, warrant, and petty by CGD 97-023, 62 FR 33365, June 19, 1997, as amended
officers of the U.S. Coast Guard. Designated representatives by USCG-1998-3799, 63 FR 35533, June 30, 1998]
include Federal, State, local and municipal law enforcement

618
165.822 Security Zone; Ohio River Mile 119.0 To 119.8 (4) Prairie Island Nuclear Generating Facility Security Zone,
Natrium, WV. Welch, Minnesota-all waters of the Upper Mississippi River,
(a) Safety zones. The following areas are designated safety extending 300 feet from the shoreline of the right descending
zones: all waters between the specified mile markers on the bank beginning from mile marker 798.0 and ending at 798.3.
Kanawha River, described as follows in the Table to
165.822(a): (5) Clinton Power Station Security Zone, Clinton, Illinois-all
waters of Lake Clinton in Dewitt County in East Central
Table to 165.822(a) Scheduled
Illinois bounded by a dam constructed near the confluence of
Event location Salt Creek River mile 56 and the north fork of Salt Creek.
Event name date
The zone extends out 600 feet from shore. Boundaries of the
West Virginia Special zone begin at 4010'30" N, 8850'30" W; thence east to
Between mile 57.9 and First Friday in
Olympics Fireworks
58.9, Charlestown, WV June. 4010'30" N, 8849'55" W; thence south to 4010'15" N,
Display 8849'55" W; thence west to 4010'15" N, 8850'30" W;
thence returning north to the origin. These coordinates are
West Virginia Symphony
Between mile 59.5 and First Sunday based upon [NAD 83].
Sunday Fireworks
60.5, Charlestown, WV in June.
Display
(b) Regulations.
St. Albans Fireworks Between mile 46.0 and Last Saturday
Display 47.0, St. Albans, WV in June. (1) Entry into these security zones is prohibited unless
authorized by the Coast Guard Captain of the Port, St. Louis
(b) Enforcement. The Captain of the Port Ohio Valley or or designated representative.
designated representative will inform the public through
broadcast notice to mariners of the enforcement periods for (2) The Ft. Calhoun and Cooper security zones include a
the safety zones. portion of the navigable channel of the Missouri River. All
vessels that may safely navigate outside of the channel are
(c) Regulations. prohibited from entering the security zone without the
express permission of the Captain of the Port St. Louis or
(1) In accordance with the general regulations in 165.23 of designated representative. Vessels that are required to use
this part, entry into this zone is prohibited unless authorized the channel for safe navigation are authorized entry into the
by the Captain of the Port Ohio Valley or designated zone but must remain within the channel unless expressly
representative. authorized by the Captain of the Port St. Louis or designated
representative.
(2) Persons or vessels requiring entry into or passage
through this zone must request permission from the Captain (3) Persons or vessels requiring the Captain of the Port St.
of the Port Ohio Valley, or a designated representative. They Louis' permission to enter the security zones must contact
may be contacted on VHF-FM Channels 13 or 16, or by the Coast Guard Group Upper Mississippi River at telephone
telephone at (800) 253-7465. number 319 524-7511 or on VHF marine channel 16 or
Marine Safety Detachment Quad Cities at telephone number
(3) All persons and vessels shall comply with the instructions 309 782-0627 or the Captain of the Port, St. Louis at
of the Captain of the Port Ohio Valley and designated on- telephone number 314 539-3091, ext. 3500 in order to seek
scene U.S. Coast Guard patrol personnel. permission to enter the security zones. If permission is
granted, all persons and vessels must comply with the
(4) On-scene U.S. Coast Guard patrol personnel include instructions of the Captain of the Port, St. Louis or
commissioned, warrant, and petty officers of the U.S. Coast designated representative.
Guard.
(4) Designated representatives are commissioned, warrant,
[USCG-2010-1015, 76 FR 28314, May 17, 2011] and petty officers of the U.S. Coast Guard.

165.825 Security Zones; Captain Of The Port St. Louis, (c) Authority. In addition to 33 U.S.C. 1231, the authority for
Missouri. this section includes 33 U.S.C. 1226.
(a) Location. The following areas are security zones:
[67 FR 64041, Oct. 17, 2002]
(1) Fort Calhoun Nuclear Power Station Security Zone, Fort
Calhoun, Nebraska-all waters of the Missouri River, 165.827Regulated Navigation Area; Galveston Channel,
extending 75 feet from the shoreline of the right descending TX.
bank beginning from mile marker 645.6 and ending at mile (a) Location. The following area is a regulated navigation
marker 646.0. area: All waters of the Galveston Channel within the area
from Latitude 292019 N, Longitude 0944636 W, east to
(2) Cooper Nuclear Station Security Zone, Brownville, Latitude 292006 N, Longitude 0944615 W, south to
Nebraska-all waters of the Missouri River, extending 250 Latitude 291947 N, Longitude 0944627 W, west to
feet from the shoreline of the right descending bank Latitude 291951 N, Longitude 0944645 W, and north to
beginning from mile marker 532.5 and ending at mile marker Latitude 292019 N, Longitude 0944636 W.
532.9.
(b) Regulations.
(3) Quad Cities Generating Station Security Zone, Cordova,
Illinois-all waters of the Upper Mississippi River, extending (1) Vessels navigating this area must do so at a minimum
300 feet from the shoreline of the left descending bank safe speed so as to not cause any wake.
beginning from mile marker 506.3 and ending at mile marker
507.3. (2) Vessels may proceed at greater than a minimum safe
speed with permission of the Captain of the Port Houston-

619
Galveston or a designated representative. (6) All persons and vessels shall comply with the instructions
of the Captain of the Port Mobile and designated on-scene
(3) To request permission as required by these regulations, U.S. Coast Guard patrol personnel. On-scene Coast Guard
contact the Sector Houston-Galveston Command Center by patrol personnel include commissioned, warrant, and petty
telephone at (713)671-5113. officers of the U.S. Coast Guard.

[USCG-2009-0931, 75 FR 47715, Aug. 9, 2010] [COTP Mobile-04-057, 70 FR 20813, Apr. 22, 2005]

165.835 Security Zone; Port of Mobile, Mobile Ship 165.836 Security Zone; Escorted Vessels, Mobile,
Channel, Mobile, AL. Alabama, Captain of the Port.
(a) Definition. As used in this section- (a) Definitions. The following definitions apply to this section:

Cruise Ship means a passenger vessel over 100 gross tons, COTP means Captain of the Port Mobile, AL.
carrying more than 12 passengers for hire, making a voyage
lasting more than 24 hours any part of which is on the high Designated representatives means Coast Guard Patrol
seas, and for which passengers are embarked or Commanders including Coast Guard coxswains, petty
disembarked in the United States or its territories. This officers and other officers operating Coast Guard vessels,
definition covers passenger vessels that must comply with and Federal, State, and local officers designated by or
33 CFR parts 120 and 128. assisting the COTP, in the enforcement of the security zone.

(b) Location. The following areas are security zones: all Escorted vessel means a vessel, other than a large U.S.
waters of the Port of Mobile and Mobile Ship Channel- naval vessel as defined in 33 CFR 165.2015, that is
accompanied by one or more Coast Guard assets or other
(1) Within 100 yards of a cruise ship that is transiting Federal, State, or local law enforcement agency assets
shoreward of the Mobile Sea Buoy (located in approximate clearly identifiable by flashing lights, vessel markings, or with
position 2807'50" N, 8804'12" W; NAD 83), and agency insignia as follows: Coast Guard surface or air asset
displaying the Coast Guard insignia. State and/or local law
(2) Within 25 yards of a cruise ship that is moored shoreward enforcement asset displaying the applicable agency
of the Mobile Sea Buoy. markings and/or equipment associated with the agency.
Escorted vessel also means a moored or anchored vessel
(c) Periods of enforcement. This rule will only be enforced that was escorted by Coast Guard assets or other Federal,
when a cruise ship is transiting the Mobile Ship Channel State, or local law enforcement agency assets to its present
shoreward of the Mobile Sea Buoy, while transiting in the location and some or all of those properly marked assets
Port of Mobile, or while moored in the Port of Mobile. The remain on-scene to continue to enforce the security zone.
Captain of the Port Mobile or a designated representative
would inform the public through broadcast notice to mariners Minimum safe speed means the speed at which a vessel
of the enforcement periods for the security zone. proceeds when it is fully off plane, completely settled in the
water and not creating excessive wake or surge. Due to the
(d) Regulations. different speeds at which vessels of different sizes and
configurations may travel while in compliance with this
(1) Under 165.33 of this part, entry into a security zone is definition, no specific speed is assigned to minimum safe
prohibited unless authorized by the Captain of the Port speed. In no instance should minimum safe speed be
Mobile or a designated representative. interpreted as a speed less than that required for a particular
vessel to maintain steerageway. A vessel is not proceeding
(2) While a cruise ship is transiting on the Mobile Ship at minimum safe speed if it is:
Channel shoreward of the Mobile Sea Buoy, and while
transiting in the Port of Mobile, all persons and vessels are (1) On a plane;
prohibited from entering within 100 yards of a cruise ship.
(2) In the process of coming up onto or coming off a plane;
(3) While a cruise ship is moored in the Port of Mobile, all or
persons and vessels are prohibited from entering within 25
yards of a cruise ship. (3) Creating an excessive wake or surge.

(4) Persons or vessels that desire to enter into the security (b) Regulated area. All navigable waters, as defined in 33
zone for the purpose of passing or overtaking a cruise ship CFR 2.36, within the Captain of the Port Zone, Mobile,
that is in transit on the Mobile Ship Channel or in the Port of Alabama, as described in 33 CFR 3.40-10.
Mobile must contact the on-scene Coast Guard
representative, request permission to conduct such action, (c) Security zone. A 500-yard security zone is established
and receive authorization from the on-scene Coast Guard around each escorted vessel within the regulated area
representative prior to initiating such action. The on-scene described in paragraph (b) of this section. This is a moving
Coast Guard representative may be contacted on VHF-FM security zone when the escorted vessel is in transit and
channel 16. becomes a fixed zone when the escorted vessel is anchored
or moored. A security zone will not extend beyond the
(5) All persons and vessels authorized to enter into this boundary of the regulated area described in paragraph (b) of
security zone must obey any direction or order of the this section.
Captain of the Port or designated representative. The
Captain of the Port Mobile may be contacted by telephone at (d) Regulations.
(251) 441-5976. The on-scene Coast Guard representative
may be contacted on VHF-FM channel 16. (1) The general regulations for security zones contained in
165.33 of this part applies to this section.

620
(2) A vessel may request the permission of the COTP Mobile part 165.23, no person or vessel may enter or remain in the
or a designated representative to enter the security zone zone described in paragraph (a) of this section except for
described in paragraph (c) of this section. If permitted to support vessels/aircraft and support personnel, or other
enter the security zone, a vessel must proceed at the vessels authorized by the Captain of the Port Corpus Christi
minimum safe speed and must comply with the orders of the or his designated representative.
COTP or a designated representative.
(e) Penalties. Vessels or persons violating this rule are
(e) Notice of security zone. The COTP will inform the subject to the penalties set forth in 33 U.S.C. 1232 and 50
public of the existence or status of the security zones around U.S.C. 192. Dated: November 19, 2009.
escorted vessels in the regulated area by broadcast notices
to mariners, normally issued at 30-minute intervals while the Editorial Note: This document was received in the Office of
security zones remains in effect. Escorted vessels will be the Federal Register on March 16, 2010.
identified by the presence of Coast Guard assets or other
Federal, State or local law enforcement agency assets. [USCG-2009-0797, 75 FR 13436, Mar. 22, 2010]

(f) Contact information. The COTP Mobile may be reached 165.838 Regulated Navigation Area; Gulf Intracoastal
via phone at (251) 441-6211. Any on scene Coast Guard or Waterway, Inner Harbor Navigation Canal, New Orleans,
designated representative assets may be reached via VHF- LA.
FM channel 16. (a) Location. The following is a regulated navigation area
(RNA):
[USCG-2008-1013, 73 FR 67107, Nov. 13, 2008, as
amended at 74 FR 22102, May 12, 2009] (1) The Gulf Intracoastal Waterway (GIWW) from Mile
Marker (MM) 22 East of Harvey Locks (EHL), west on the
165.837 Safety Zone; Invista Inc Facility Docks, Victoria GIWW, including the Michoud Canal and the Inner Harbor
Barge Canal, Victoria, Texas. Navigation Canal (IHNC), extending North 1/2 mile from the
(a) Location. The following area is a safety zone: All waters Seabrook Flood Gate Complex out into Lake Pontchartrain
contained within a 500-foot (152.5m) extension east and and South to the IHNC Lock.
west of the Invista Inc facility docks while performing
offloading operations. (2) The Harvey Canal, between the Lapalco Boulevard
Bridge and the confluence of the Harvey Canal and the
(b) Enforcement Period. This rule will be enforced for Algiers Canal;
periods of 24-30 hours twice a month, from the time the
oversized barge docks at the Invista Inc facility until the (3) The Algiers Canal, from the Algiers Lock to the
vessel departs the facility upon conclusion of its offloading confluence of the Algiers Canal and the Harvey Canal;
operations. The Captain of the Port Corpus Christi will issue
a Broadcast Notice to Mariners before beginning (4) The GIWW from the confluence of Harvey Canal and
enforcement and upon ceasing enforcement of the safety Algiers Canal to MM 7.5 West of Harvey Locks (WHL)
zone.
(b) Definitions. As used in this section:
(c) Definitions. The following definition applies to this
section: (1) Breakaway means a floating vessel that is adrift and that
is not under its own power or the control of a towboat, or
Designated representative means any commissioned, secured to its moorings.
warrant, and petty officers of the Coast Guard on board
Coast Guard, Coast Guard Auxiliary, and local, state, and (2) COTP means the Captain of the Port, New Orleans;
Federal law enforcement vessels who have been authorized
to act on the behalf of the Captain of the Port Corpus Christi. (3) Facility means a fleeting, mooring, industrial facility or
marina along the shoreline at which vessels are or can be
(d) Regulations. moored and which owns, possesses, moors, or leases
vessels located in the areas described in paragraph (a) of
(1) Persons desiring to transit the area of the safety zone this section.
may contact the Captain of the Port at telephone number 1-
361-939-6393, or the barge on VHF Channel 16 (3) Fleet includes one or more tiers of barges.
(156.800MHz) to seek permission to transit the area. If
permission is granted, all persons and vessels must comply (4) Fleeting or mooring facility means the area along the
with the instructions of the Captain of the Port or his or her shoreline at which vessels are or can be moored.
designated representative.
(5) Floating vessel means any floating vessel to which the
(2) All persons and vessels must comply with the instructions Ports and Waterways Safety Act, 33 U.S.C. 1221 et seq.,
of the Coast Guard Captain of the Port or the designated applies.
representative.
(6) Mooring barge or spar barge means a barge moored to
(3) Upon being hailed by U.S. Coast Guard patrol personnel mooring devices or secured to the ground by spuds, and to
by siren, radio, flashing light, or other means the operator of which other barges may be moored.
a vessel must proceed as directed.
(7) Mooring device includes a deadman, anchor, pile or
(4) The Coast Guard may be assisted by other Federal, other reliable holding apparatus.
State, or local agencies.
(8) Navigational structures are the Seabrook Floodgate
(5) In accordance with the general regulations in 33 CFR Complex, the IHNC Lake Borgne Surge Barrier, and the

621
West Closure Complex components of the Hurricane and and conditions set forth in paragraphs (f) and (g) of this
Storm Damage Risk Reduction System (HSDRRS). section.

(9) Person in charge includes any owner, agent, pilot, (3) During the period that the RNA is enforced and before
master, officer, operator, crewmember, supervisor, closure of the navigational structures, vessels may transit
dispatcher or other person navigating, controlling, directing through the RNA en route to a destination outside of the
or otherwise responsible for the movement, action, securing, RNA given there is sufficient time to transit prior to the
or security of any vessel, barge, tier, fleet or fleeting or closure of a navigational structure, or they may transit to a
mooring facility subject to the regulations in this section. facility within the RNA with which they have a prearranged
agreement. These vessel movements and time critical
(10) Tier means barges moored interdependently in rows or decisions will be made by the COTP in consultation with the
groups. Port Coordination Team.

(11) Port Coordination Team is a body of public and private (4) The COTP may review, on a case-by-case basis,
port stakeholders led by the COTP whose purpose is to alternatives to minimum mooring requirements and
share information, establish priorities, recommend and conditions set forth in paragraphs (f) and (g) of this section
implement actions to address risks to ports and waterways and may approve a deviation to these requirements and
during incidents and events. conditions should they provide an equivalent level of safety.

(12) Tropical Event means the time period immediately (e) Special Requirements for Facilities. In addition to the
preceding, during, and immediately following the expected mooring and towboat requirements discussed in paragraph (f)
impact of heavy weather from a tropical cyclone. and (g) of this section, Facilities within the area described in
paragraph (a) of this section that wish to deviate from these
(c) Enforcement. restrictions because they have vessels intending to remain
within the areas allowed in paragraphs (d)(1) and (2) of this
(1) The provisions of paragraph (d) of this section will be section shall comply with the below documentation and
enforced during a tropical event beginning 24 hours in maintenance requirements in order to obtain the COTP's
advance of the predicted closure of the IHNC Lake Borgne approval for their vessel(s) to remain in the closed RNA.
Surge Barrier structure within the HSDRRS (IHNC & GIWW)
in the area defined in paragraph (a)(1) of this section. (1) Annual Hurricane Operations Plan. All facilities that
have vessels intending to deviate from this RNA and remain
(2) The provisions of paragraph (d) of this section will be within the areas allowed in paragraphs (d)(1) and (2) of this
enforced beginning 24 hours in advance of the predicted section shall develop an operations plan. The operations
closure of the West Closure Complex within the HSDRRS plan shall be readily available by May 1st of each calendar
(Harvey & Algiers Canals) in the area defined in paragraphs year for review by the COTP. The Annual Hurricane
(a)(2) through (4) of this section. Operations Plan shall include:

(3) If the Coast Guard receives notice of a closure less than (i) A description of the maximum number of vessels the
24 hours before closure, the provisions of paragraph (d) of facility intends to have remaining at any one time during
this section will be enforced upon the COTP receiving the hurricane season.
notice of predicted closing.
(ii) A detailed plan for any vessel(s) that are intended to be
(4) In the event that a particularly dangerous storm is sunk/grounded in place when the RNA is enforced if
predicted, the COTP, in consultation with the Port evacuation is not possible.
Coordination Team, may require all floating vessels to
evacuate the RNA beginning as early as 72 hours before (iii) A diagram of the waterfront facility and fleeting area.
predicted closure of any navigational structure or upon
notice that particularly dangerous storm conditions are (iv) Name, call sign, official number, and operational status
approaching, whichever is less. of machinery on board (i.e., engines, generators, fire fighting
pumps, bilge pumps, anchors, mooring machinery, etc.)
(5) The COTP will notify the maritime community of the each standby towboat.
enforcement periods for this RNA through Marine Safety
Information Bulletins and Safety Broadcast Notices to (v) Characteristics for each vessel remaining at the fleeting
Mariners. or mooring facility, as applicable (length, breadth, draft, air
draft, gross tonnage, hull type, horsepower, single or twin
(d) Regulations. During the period that the RNA is enforced screw);
and before closure of the navigational structures, all floating
vessels must depart the RNA except as follows: (vi) Details of mooring arrangements in accordance with
mooring requirements and conditions set forth in paragraphs
(1) Floating vessels may remain in the Harvey and Algiers (g) and (h) of this section or COTP case-by-case approved
Canals, provided they are moored sufficiently to prevent a deviations;
breakaway and meet the minimum mooring requirements
and conditions set forth in paragraphs (f) and (g) of this (vii) Certification by a professional engineer that the mooring
section. arrangements are able to withstand winds of up to 140 mph,
a surge water level of eleven feet, a current of four mph and
(2) Floating vessels may remain in the Michoud Canal at a wave height of three feet within the canal basin in the area
least 1/4 mile north of the intersection of the Michoud Canal defined in paragraph (a)(1) of this section and a surge water
and the GIWW, the GIWW from MM 15 EHL to MM 10 EHL, level of eight feet, a current of four mph, and a wave height
provided they are moored sufficiently to prevent a of two and a half feet within the canal basin in the area
breakaway and meet the minimum mooring requirements defined in paragraphs (a)(2) through (4) of this section;

622
(viii) Emergency contact information for the owner/operator, (A) Date and time of entry and departure; and
and/or agent of the facility/property.
(B) The names of any hazardous cargo which the vessel is
(ix) 24-hour emergency contact information for qualified carrying.
individuals empowered in writing by the owners/operators to
make on-site decisions and authorize expenditures for any (6) The person in charge of a facility shall ensure continuous
required pollution response or salvage. visual surveillance of all vessels at the facility.

(x) Full insurance disclosure to the COTP. Vessels moored (7) The person who observes the vessels shall:
to a facility shall provide insurance information to the facility.
(i) Inspect for movements that are unusual for properly
(2) Storm Specific Verification Report. 72 hrs prior to secured vessels; and
predicted closure of the navigational structures, those
facilities which have vessels that intend to remain within the (ii) Take immediate action to correct each deficiency.
RNA shall submit a Storm Specific Verification Report to the
COTP New Orleans. The requirements for this Storm (f) Mooring Requirements. Facility owners shall consider all
Specific Verification Report are located in the Canal requirements within this section as minimum standards. Title
Hurricane Operations Plan, which is Enclosure Six to the 33 CFR 165.803, United Facilities Criteria (UFC) 4-159 and
Sector New Orleans Maritime Hurricane Contingency Port American Society of the Civil Engineers (ASCE)7 should be
Plan, http://homeport.uscg.mil/nola. The report shall include: utilized by Professional Engineers in the certification of the
Annual Hurricane Operations Plan.
(i) Updated contact information, including names of manned
towboat(s) and individuals remaining on the towboat(s). (1) No person may secure a vessel to trees or to other
vegetation.
(ii) Number of vessels currently moored and mooring
configurations if less than stated in Annual Hurricane (2) No person may allow a vessel to be moored with
Operations Plan. unraveled or frayed lines or other defective or worn mooring.

(iii) If the number of vessels exceeds the amount listed in the (3) No person may moor barges side to side unless they are
Annual Hurricane Operations Plan, describe process and secured to each other from fittings as close to each corner of
timeframe for evacuating vessels to bring total number of abutting sides as practicable.
vessels into alignment with the Annual Hurricane Operations
Plan. (4) No person may moor barges end to end unless they are
secured to each other from fittings as close to each corner of
(3) The person in charge of a facility shall inspect each abutting ends as practicable.
mooring wire, chain, line and connecting gear between
mooring devices and each wire, line and connecting (5) A vessel may be moored to mooring devices if both ends
equipment used to moor each vessel, and each mooring of that vessel are secured to mooring devices.
device. Inspections shall be performed according to the
following timelines and guidance: (6) Barges may be moored in tiers if each shoreward barge
is secured to mooring devices at each end.
(i) Annually between May 1 and June 1 of each calendar
year; and (7) A vessel must be secured as near as practicable to each
abutting corner by:
(ii) After vessels are added to, withdrawn from, or moved at
a facility, each mooring wire, line, and connecting equipment (i) Three parts of wire rope of at least 1 1/4 inch diameter
of each barge within each tier affected by that operation; and with an eye at each end of the rope passed around the
timberhead, caval, or button;
(iii) At least weekly between June 1 and November 30; and
(ii) A mooring of natural or synthetic fiber rope that has at
(iv) 72 hrs prior to predicted closure of the navigation least the breaking strength of three parts of 1 1/4 inch
structures within this RNA; or within 6 hrs of the predicted diameter wire rope; or
closure, if the notice of predicted closure is less than 72 hrs.
(iii) Fixed rigging that is at least equivalent to three parts of 1
(4) The person who inspects moorings shall take immediate 1/4 inch diameter wire rope.
action to correct any deficiency.
(8) The person in charge shall ensure that all mooring
(5) Facility Records. The person in charge of a fleeting or devices, wires, chains, lines and connecting gear are of
mooring facility shall maintain, and make available to the sufficient strength and in sufficient number to withstand
COTP, records containing the following information: forces that may be exerted on them by moored
vessels/barges.
(i) The time of commencement and termination of each
inspection. (g) Towboat Requirements. The person in charge of a
fleeting or mooring facility must ensure:
(ii) The name of each person who makes the inspection.
(1) Each facility consisting of eight or more vessels that are
(iii) The identification of each vessel, barge entering or not under their own power must be attended by at least one
departing the fleeting or mooring facility, along with the radar-equipped towboat for every 50 vessels.
following information:
(2) Each towboat required must be:

623
(i) Able to secure any breakaways; may enter into this safety zone in accordance with those
agreed upon arrangements.
(ii) Capable of safely withdrawing or moving any vessel at
the fleeting or mooring facility; (ii) Moored vessels or vessels anchored in a designated
anchorage area may remain in their current moored or
(iii) Immediately operational; anchored position while the large cruise ship transits the
area.
(iv) Radio-equipped;
(iii) Barge Fleets or vessels working a fleet may continue
(v) No less than 800 horsepower; their current operations while the large cruise ship transits
the area.
(vi) Within 500 yards of the vessels.
(4) Vessels requiring a deviation from this rule must request
(3) The person in charge of each towboat required must permission from the Captain of the Port New Orleans. The
maintain a continuous guard on the frequency specified by Captain of the Port New Orleans may be contacted at (504)
current Federal Communications Commission regulations 365-2210.
found in 47 CFR part 83; a continuous watch on the vessels
moored at facility; and report any breakaway as soon as [USCG-2010-0012, 77 FR 65818, Oct. 31, 2012]
possible to the COTP via telephone, radio or other means of
rapid communication. 165.840 Regulated Navigation Area, Gulf of Mexico:
Mississippi Canyon Block 20, South of New Orleans, LA.
(h) Transient vessels will not be permitted to seek safe (a) Location. The following area is a Regulated Navigation
haven in the RNA except in accordance with a prearranged Area: A 300-foot diameter area at the water surface centered
agreement between the vessel and a facility within the RNA. on the following coordinates: 2856'12.619"N,
00858'10.303"W, and extending the entire water column
(i) Penalties. Failure to comply with this section may result from the surface to the seabed.
in civil or criminal penalties pursuant to the Ports and
Waterways Safety Act, 33 U.S.C. 1221 et seq. (b) Regulations.

[FR Doc. 2014-08265 Filed 4-14-14; 8:45 am] (1) In accordance with the general regulations in 165.11 of
this part, all vessels are prohibited from anchoring, mooring,
165.839 Safety Zone; Large Cruise Ships; Lower fishing, or otherwise loitering in the above described area
Mississippi River, Southwest Pass Sea Buoy to Mile except as authorized by the Captain of the Port, New
Marker 96.0, New Orleans, LA. Orleans.
(a) Location. Within the Lower Mississippi River and
Southwest Pass, moving safety zones are established (2) Persons or vessels requiring deviations from this rule
around all large cruise ships transiting between the must request permission from the Captain of the Port New
Southwest Pass Entrance Lighted Buoy "SW", at Orleans. The Captain of the Port New Orleans may be
approximate position 2852'42" N, 8925'54" W [NAD 83] contacted by telephone at (504) 365-2200.
and Lower Mississippi River mile marker 96.0 in New
Orleans, Louisiana. The moving safety zone extends bank to [USCG-2013-0064, 78 FR 24990, Apr. 29, 2013; 78 FR
bank, encompassing all waters one-mile ahead and one-mile 34895, June 11, 2013]
astern of a large cruise ship. The zone remains in effect
during the entire transit of the large cruise ship. 165.841 Safety Zone; Barge Launches; Gulfport Lake;
Gulfport, MS.
(b) Definitions. As used in this section the term "large cruise (a) Location. The following area is a safety zone: Gulfport
ship" is defined as a vessel over 100 feet in length, carrying Lake, to include all waters between an eastern boundary
more than 500 passengers for hire, making a voyage lasting represented by positions 30 25' 37.2" N, 089 03' 09.7" W to
more than 24 hours, any part of which is on the high seas, 30 25' 27.0" N, 089 03' 09.7" W and a western boundary
and for which passengers are embarked or disembarked in represented by positions 30 25' 35.4" N, 089 03' 45.7" W to
the United States or its territories. 30 25' 28.8" N, 089 03' 45.7" W.

(c) Regulations. (b) Effective period and enforcement dates. This safety
zone is effective immediately on December 24, 2013 and
(1) In accordance with the general regulations in 33 CFR enforceable through actual notice beginning November 8,
Part 165, Subpart C, no person or vessel may enter or 2013. The COTP Mobile or a designated representative will
remain in the Safety Zone except for vessels authorized by inform the public through broadcast notice to mariners of
the Captain of the Port or Designated Representatives, enforcement periods for the safety zone, giving at least 24
except as provided for in paragraph (c)(3) of this section. hour notice before enforcement begins. Enforcement periods
are expected to occur once a month for approximately two (2)
(2) For this section the Pilot directing the movement of the hours.
large cruise ship under the authority of the master has the
authority to allow other vessels to enter the safety zone (c) Regulations.
when necessary.
(1) In accordance with the general regulations in 165.23 of
(3) All vessels are prohibited from entering this safety zone this part, entry into this zone is prohibited unless authorized
unless authorized as follows: by the Captain of the Port Mobile or a designated
representative.
(i) Vessels that have made suitable passing or overtaking
arrangements with the pilot onboard the large cruise ship (2) Persons or vessels desiring to enter into or passage

624
through the zone must request permission from the Captain The security zone will not extend beyond the boundary of the
of the Port Mobile or a designated representative. They may regulated area in this section.
be contacted on VHF-FM channels 16 or by telephone at
251-441-5976. (e) Notice of security zone. The COTP will inform the
public of the existence or status of any temporary moving
(3) If permission is granted, all persons and vessels shall security zones around escorted vessels in the regulated area
comply with the instructions of the Captain of the Port or by broadcast notices to mariners. The broadcast notice to
designated representative. mariners will inform the public of the enforcement period,
size of the zone, and the navigable waters that will be
(d) Informational broadcasts. The Captain of the Port or a affected, and will normally be issued at approximately 30-
designated representative will inform the public through minute intervals while the moving security zone remains in
broadcast notices to mariners of the enforcement period for effect. Escorted vessels will be identified by the presence of
the safety zone as well as any changes that may occur. Coast Guard assets or other Federal, State or local law
enforcement agency assets clearly identified by flashing
[FR Doc. 2013-30648 Filed 12-23-13; 8:45 am] lights, vessel markings, or agency insignia.

165.843 Moving Security Zone; Escorted Vessels; (f) Regulations.


Lower Mississippi River; New Orleans, LA.
(1) In accordance with the general regulations in 165.33,
(a) Definitions. The following definitions apply to this section: No person or vessel may enter or remain in a security zone
without the permission of the Captain of the Port. Section
COTP means Captain of the Port New Orleans, LA. 165.33 also contains other general requirements.

Designated representatives means Coast Guard Patrol (2) Vessels may request permission from the Captain of the
Commanders including Coast Guard coxswains, petty Port New Orleans through the on-scene Coast Guard or
officers and other officers operating Coast Guard vessels, other agency asset to enter the security zone described in
and Federal, State, and local officers designated by or paragraph (c) of this section.
assisting the COTP, in the enforcement of the security zone.
(i) If permission to enter and transit through the security zone
Escorted vessel means a vessel, other than a large U.S. is granted, the vessel shall operate at the minimum speed
naval vessel as defined in 33 CFR 165.2015, that is necessary to maintain a safe course, unless required to
accompanied by one or more Coast Guard assets or other maintain speed by the Navigation Rules, and must proceed
Federal, State or local law enforcement agency assets as directed by the COTP or a designated representative.
clearly identifiable by flashing lights, vessel markings, or with When within the security zone, no vessel or person is
agency insignia as follows: Coast Guard surface or air asset allowed within 50 yards of the escorted vessel unless
displaying the Coast Guard insignia. State and/or local law authorized by the Coast Guard.
enforcement asset displaying the applicable agency
markings and/or equipment associated with the agency. (ii) [Reserved]

Minimum safe speed for navigation means the speed at (g) Contact information. The COTP New Orleans may be
which a vessel proceeds when it is fully off plane, completely reached via phone at (504) 365-2200. Any on-scene Coast
settled in the water and not creating excessive wake or Guard or designated representative assets may be reached
surge. Due to the different speeds at which vessels of via VHF-FM channel 16 or 67.
different sizes and configurations may travel while in
compliance with this definition, no specific speed is assigned [FR Doc. 2015-02322 Filed 2-4-15; 8:45 am]
to minimum safe speed for navigation. In no instance should
minimum safe speed be interpreted as a speed less than 165.T08-0698-Safety Zone; Port of Galveston, Pelican
that required for a particular vessel to maintain steerageway. Island Bridge Repair.
A vessel is not proceeding at minimum safe speed if it is: (a) Definition. As used in this section, Public boaters means
all recreational boaters and their vessels.
(i) On a plane;
(b) Safety Zone. This area includes all waters of Galveston
(ii) In the process of coming up onto or coming off a plane; Channel enclosed within an area extending 50 feet out from
the position 2918'38.23" N, 09449'24.84" W. All
(iii) Creating an excessive wake or surge. coordinates are based on NAD83.

(b) Effective date. This rule is effective in the CFR on (c) Effective date. This rule is effective and will be enforced
February 5, 2015, and effective with actual notice for from October 1, 2013 to December 15, 2015.
purposes of enforcement on January 31, 2015, through July
15, 2015. (d) Regulations.

(c) Regulated area. All navigable waters, as defined in 33 (1) In accordance with the general regulations in 165.23 of
CFR 2.36, on the Lower Mississippi River between river this part, entry into this zone is prohibited to all vessels
miles 90.0 to 106.0 Above Head of Passes (AHP), New except participant vessels and those vessels specifically
Orleans, Louisiana. authorized by the Captain of the Port, Houston-Galveston or
a designated representative.
(d) Security zone. A temporary moving security zone,
extending 300 yards in all directions of an escorted vessel, (2) Persons or vessels requiring entry into or passage
will be established around each escorted vessel within the through must request permission from the Captain of the
regulated area described in paragraph (b) of this section. Port, Houston-Galveston, or a designated representative.

625
They may be contacted on VHF Channel 13 or 16, or by 165.903 Safety Zone: Cuyahoga River And Old River,
telephone at (713) 671-5103. Cleveland, OH.
(a) Location. The waters of the Cuyahoga River and the Old
(3) All persons and vessels shall comply with the instructions River extending ten feet into the river at the following eleven
of the Captain of the Port, Houston-Galveston, designated locations, including the adjacent shorelines, are safety zones,
representatives and designated on-scene U.S. Coast Guard coordinates for which are based on NAD 83.
patrol personnel. On-scene U.S. Coast Guard patrol
personnel include commissioned, warrant and petty officers (1) From the point where the shoreline intersects longitude
of the U.S. Coast Guard. 8142'24.5" W, which is the southern side of the Norfolk and
Southern No. 1 railroad bridge, southeasterly along the
[FR Doc. 2013-24321 Filed 10-4-13; 8:45 am] shore for six hundred (600) feet to the point where the
shoreline intersects longitude 8142'24.5" W, which is the
Ninth Coast Guard District Holy Moses Water Taxi Landing at Fado's Restaurant.

165.901 Great Lakes-Regulated Navigation Areas. (2) One hundred (100) feet downriver to one hundred (100)
(a) Lake Huron. The following are regulated navigation feet upriver from 41 degrees 29'53.5"N, 81 degrees
areas: 42'33.5"W, which is the knuckle on the north side of the Old
River entrance at Ontario Stone.
(1) The waters of Lake Huron known as South Channel
between Bois Blanc Island and Cheboygan, Michigan; (3) Fifty (50) feet downriver to fifty (50) feet upriver from 41
bounded by a line north from Cheyboygan Crib Light (LL- degrees 29'48.4"N, 81 degrees 42'44"W, which is the
1340) at 453948 N, 842736 W; to Bois Blanc knuckle adjacent to the Ontario Stone warehouse on the
Island at 454342 N, 842736 W; and a line north south side of the Old River.
from the mainland at 454300 N, 843530 W; to
the western tangent of Bois Blanc Island at 454842 N, (4) From 41 degrees 29'51.1"N, 81 degrees 42'32.0"W,
843530 W. which is the corner of Christie's Cabaret pier at Sycamore
Slip on the Old River, to fifty (50) feet east of 41 degrees
(2) The waters of Lake Huron between Mackinac Island and 29'55.1"N, 81 degrees 42'27.6"W, which is the north point of
St. Ignace, Michigan, bounded by a line east from position the pier at Shooter's Restaurant on the Cuyahoga River.
455212 N, 844300 W; to Mackinac Island at
(5) Twenty-five (25) feet downriver to twenty-five (25) feet
455212 N, 843900 W; and a line east from the upriver of 41 degrees 29'48.9"N, 81 degrees 42'10.7"W,
mainland at 45 53 12 N, 84 43 30 W; to the which is the knuckle toward the downriver corner of the
northern tangent of Mackinac Island at 455312 N, Nautical Stage.
843848 W.
(6) Ten (10) feet downriver to ten (10) feet upriver of 41
(b) Lake Michigan. The following is a regulated navigation degrees 29'45.5"N, 81 degrees 42'9.7"W, which is the
areaThe waters of Lake Michigan known as Gray's Reef knuckle toward the upriver corner of the Nautical Stage.
Passage bounded by a line from Gray's Reef Light (LL-2006)
at 454600 N, 850912 W; to White Shoals Light (7) The fender on the west bank of the river at 41 degrees
(LL-2003) at 455030 N, 850806 W; to a point at 29'45.2"N, 81 degrees 42.10"W, which is the knuckle at
Bascule Bridge (railroad).
454912 N, 850448 W; then to a point at 45
4542 N, 850842 W; then to the point of beginning. (8) The two hundred seventy (270) foot section on the east
bank of the river between the Columbus Road bridge (41
(c) Regulations. The COTP, Sault Ste. Marie, will close and degrees 29'18.8"N, 81 degrees 42'02.3W) downriver to the
open these regulated navigation areas as ice conditions chain link fence at the upriver end of the Commodores Club
dictate. Under normal seasonal conditions, only one closing Marina.
each winter and one opening each spring are anticipated.
Prior to the closing or opening of the regulated navigation (9) Fifty (50) feet downriver of twenty-five (25) feet upriver
areas, the COTP will give interested parties, including both from 41 degrees 29'24.5"N, 81 degrees 41'57.2"W, which is
shipping interests and island residents, not less than 72 the knuckle at the Upriver Marine fuel pump.
hours notice of the action. No vessel may navigate in a
regulated navigation area which has been closed by the (10) Seventy-five (75) feet downriver to seventy-five (75) feet
COTP. Under emergency conditions, the COTP may upriver from 41 degrees 29'33.7"N, 81 degrees 41'57.5"W.
authorize specific vessels to navigate in a closed regulated which is the knuckle adjacent to the warehouse at Alpha
navigation area. Precast Products (United Ready Mix).
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by (11) Fifteen (15) feet downriver to fifteen (15) feet upriver
CGD 79-026, 48 FR 35408, Aug. 4, 1983] from 41 degrees 29'41"N, 81 degrees 41'38.6"W, which is
the end of the chain link fence between The Club Mega and
165.902 Niagara River At Niagara Falls, New York- Shippers C & D.
Safety Zone.
(a) The following is a safety zoneThe United States (b) Regulations-
waters of the Niagara River from the crest of the American
and Horseshoe Falls, Niagara Falls, New York to a line (1) General Rule. Except as provided below, entry of any
drawn across the Niagara River from the downstream side of kind or for any purpose into the foregoing zones is strictly
the mouth of Gill Creek to the upstream end of the prohibited in accordance with the general regulations in
breakwater at the mouth of the Welland River. 165.23 of this part.

626
(2) Exceptions. Any vessel may transit, but not moor, stand (i) Location. All waters of Lake Michigan within the arc of a
or anchor in, the foregoing zones as necessary to comply 100-yard radius with its center located on the north wall of
with the Inland Navigation Rules or to otherwise facilitate Jardine Water Filtration Plant, approximate position 41
safe navigation. Cargo vessels of 1600 gross tons (GT) or 5346 N, 0873623 W; (NAD 83)
greater may moor in these zones when conducting cargo
transfer operations. (ii) Regulations. The Captain of the Port Lake Michigan will
normally permit those U.S. Coast Guard certificated
(3) Waivers. Owners or operators of docks wishing a partial passenger vessels that normally load and unload
waiver of these regulations may apply to the Captain of the passengers at Navy Pier to operate in the zone. However,
Port, Cleveland, Ohio. Partial waivers will only be considered should the Captain of the Port Lake Michigan determine it is
to allow for the mooring of vessels in a safety zone when appropriate, he will require even those U.S. Coast Guard
vessels of 1600 GT on greater are not navigating in the certificated passenger vessels which normally load and
proximate area. Any requests for a waiver must include a unload passengers at Navy Pier to request permission
plan to ensure immediate removal of any vessels moored in before leaving or entering the security zones. The Captain of
a safety zone upon the approach of a vessel(s) 1600 GTs or the Port Lake Michigan will notify these vessels via
greater. Broadcast Notice to Mariners if they must notify the Coast
Guard before entering or transiting the security zone. As
[COTP Cleveland REG 89-01, 54 FR 9778, Mar. 8, 1989; 61 such, vessels that regularly operate within this zone are
FR 37684, July 19, 1996; 65 FR 40052, June 29, 2000; 66 responsible for monitoring Broadcasts Notice to Mariners for
FR 33637, June 25, 2001] the Chicago area. These broadcasts will be made by U.S.
Coast Guard Sector Lake Michigan.
165.904 Lake Michigan At Chicago Harbor & Burnham
Park Harbor-Safety And Security Zone. (2) Dresden Nuclear Power Plant. All waters of the Illinois
(a) Location. All waters of Lake Michigan within Burnham River in the vicinity of Dresden Nuclear Power Plant
Park Harbor shoreward of a line across the entrance of the encompassed by a line starting on the shoreline at 4123
harbor connecting coordinates 415109 N, 0873636W
45 N, 881618 W; then east to the shoreline at 41
and 415111 N, 0873622 W.
2339 N, 881609 W; then following along the
(b) Effective times and dates. This safety and security shoreline back to the beginning.
zone will be in effect at various times to be published in the
Coast Guard Local Notice to Mariners or broadcasted via (3) Donald C. Cook Nuclear Power Plant. All waters of
Marine Radio VHF-FM Channels 16 & 22. These times will Lake Michigan around the Donald C. Cook Nuclear Power
include the actual effective time and date and the termination Plant encompassed by a line starting on the shoreline at
time and date. 4158.656 N, 8633.972 W; then northwest to 41
58.769 N, 86 34.525 W; then southwest to 41
(c) Restrictions. 58.589 N, 86 34.591 W; then southeast to the
shoreline at 4158.476 N, 8634.038 W; and following
(1) In accordance with the general regulations in section along the shoreline back to the beginning.
165.23 and 165.33 of this part, entry into this zone is
prohibited, unless authorized by the U.S. Coast Guard (4) Palisades Nuclear Power Plant. All waters of Lake
Captain of the Port Lake Michigan, or the U.S. Secret Michigan around the Palisades Nuclear Power Plant within a
Service. Other general requirements in 165.23 and line starting on the shoreline at 421907 N, 8619
165.33 also apply. Further, no person may enter or remain in 05 W; then northwest to 421922 N, 861954
the shoreline areas of the established safety and security
W; then north to 421944 N, 861943 W; then
zone, unless cleared by a Coast Guard or U.S. Secret
Service official. southeast back to the shoreline at 421931 N, 86
1850 W; then following along the shoreline back to the
(2) Vessels in Burnham Park Harbor at the commencement beginning.
of the safety and security zone must be moored and remain
moored while the safety and security zone is established, (5) Hammond Intake Crib. All navigable waters bounded by
unless authorized to get underway by a Coast Guard or U.S. the arc of a circle with a 100-yard radius with its center in
Secret Service official. approximate position 414215 N, 0872949 W
(NAD 83).
(3) No person may engage in swimming, snorkeling, or
diving within the established safety and security zone, (6) Zion Nuclear Power Plant. All waters of Lake Michigan
except with the permission of the Captain of the Port or U.S. encompassed by a line starting on the shoreline at 4226
Secret Service. 36 N, 874803 W; then southeast to 422620
N, 874735 W; then northeast to 422653 N,
[CGD09-94-005, 59 FR 45227, Sept. 1, 1994, as amended 874722 W; then northwest to the shoreline at 42
by USCG-2011-0489, 76 FR 63204, Oct. 12, 2011]
2706 N, 874800 W; then following along the
shoreline back to the beginning.
165.910 Security Zones; Captain of the Port Lake
Michigan.
(7) 68th Street Water Intake Crib. All waters of Lake
(a) Security zones. The following areas, defined by
Michigan within the arc of a circle with a 100-yard radius of
coordinates based upon North American Datum 1983, are
the 68th Street Crib with its center in approximate position
security zones:
414710 N, 873151 W.
(1) Jardine Water Filtration Plant
(8) Dever Water Intake Crib. All waters of Lake Michigan
within the arc of a circle with a 100-yard radius of the Dever

627
Crib with its center in approximate position 415455 N, then east to 4317.3 N, 07718.3 W; then south to
873320 W. 4316.7 N, 07718.3 W; then following the shoreline
back to starting point (NAD 83).
(9) 79th Street Water Intake Crib. All waters of Lake
Michigan within the arc of a circle with a 100-yard radius of (3) Moses-Saunders Power Dam. The waters of the St.
the 79th Street Water Filtration Plant with its center in the Lawrence River bounded by the following area, starting at
approximate position 414530 N, 873232 W. 4500.73 N, 07447.85 W; southeast following the
international border to 4500.25 N, 07447.56 W;
(10) Wilson Avenue Intake Crib. All waters of Lake then southwest to 4500.16 N, 07447.76 W; then
Michigan within the arc of a circle with a 100-yard radius of east to the shoreline at 4500.16 N, 07447.93 W;
the Wilson Avenue Crib with its center in approximate
then northwest to 4500.36 N, 07448.16 W; then
position 415800 N, 0873530 W. (NAD83)
northeast back to the starting point (NAD 83).
(11) Four Mile Intake Crib. All waters of Lake Michigan (4) Long Sault Spillway Dam. The waters of the St.
within the arc of a circle with a 100-yard radius of the Four Lawrence River bounded by the following area, starting at
Mile Crib with its center in approximate position 4152 4459.5 N, 07452.0 W; north to 4500.0 N, 074
40 N, 0873245 W. (NAD83) 52.0 W; east to 4500.0 N, 07451.6 W, then south
to 4459.5 N, 07451.6 W; then west back to the
(b) Regulations.
starting point (NAD 83).
(1) Under 165.33, entry into these zones is prohibited
(b) Regulations.
unless authorized by the Coast Guard Captain of the Port
Lake Michigan. Section 165.33 also contains other general
(1) In accordance with 165.33, entry into this zone is
requirements.
prohibited unless authorized by the Coast Guard Captain of
the Port Buffalo.
(2) All persons and vessels shall comply with the instruction
of the Captain of the Port Lake Michigan or the designated
(2) Persons or vessels desiring to transit the area of the Nine
on-scene U.S. Coast Guard patrol personnel. On-scene
Mile Point and Fitzpatrick Nuclear Power Plants or Ginna
patrol personnel include commissioned, warrant, and petty
Nuclear Power Plant security zones must contact the
officers of the U.S. Coast Guard on board Coast Guard,
Captain of Port Buffalo at telephone number (716) 843-9570,
Coast Guard Auxiliary, local, state, and federal law
or on VHF/FM channel 16 to seek permission to transit the
enforcement vessels. Emergency response vessels are
area. Persons desiring to transit the area of Moses-
authorized to move within the zone but must abide by the
Saunders Power Dam or Long Sault Spillway Dam security
restrictions imposed by the Captain of the Port.
zones must contact the Supervisor, Marine Safety
Detachment Massena at telephone number (315) 769-5483,
(3) Persons who would like to transit through a security zone
or on VHF/FM channel 16 to seek permission to transit the
in this section must contact the Captain of the Port Lake
area. If permission is granted, all persons and vessels shall
Michigan at telephone number (414) 747-7182 or on VHF
comply with the instructions of the Captain of the Port or his
channel 16 (156.8 MHz) to seek permission to transit the
or her designated representative.
area. If permission is granted, all persons and vessels shall
comply with the instructions of the Captain of the Port Lake
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.
Michigan or his or her designated
191, the authority for this section includes 33 U.S.C. 1226.
representative.
[CGD09-02-005, 67 FR 53500, Aug. 16, 2002, as amended
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.
by USCG-2010-0821, 75 FR 61100, Oct. 4, 2010]
191, the authority for this section includes 33 U.S.C. 1226.
165.912 Security Zone; Lake Erie, Perry, OH.
[CGD09-02-001, 67 FR 53502, Aug. 16, 2002; 67 FR 65041,
(a) Location: The following area is a security zone: all
Oct. 23, 2002, as amended by CGD09-04-020, 69 FR 71709,
navigable waters of Lake Erie bounded by a line drawn
Dec. 10, 2004; USCG-2011-0489, 76 FR 63204, Oct. 12,
2011; 76 FR 79537, Dec. 22, 2011] between the following coordinates beginning at 41
48.187 N, 081 08.818 W; then due north to 41
165.911 Security Zones; Captain Of The Port Buffalo 48.7 N, 081 08.818 W; then due east to 41 48.7
Zone. N, 081 08.455 W; then due south to the south shore of
(a) Location. The following are security zones: Lake Erie at 41 48.231 N, 081 08.455 W; thence
westerly following the shoreline back to the beginning (NAD
(1) Nine Mile Point and Fitzpatrick Nuclear Power Plants. 83).
The navigable waters of Lake Ontario bounded by the
following coordinates: commencing at 4330.8 N, 076 (b) Regulations. In accordance with the general regulations
25.7 W; then north to 4331.2 N, 07625.7 W; then in 165.33 of this part, entry into this zone is prohibited
east-northeast to 4331.6 N, 07624.9 W; then east unless authorized by the Coast Guard Captain of the Port
to 4331.8 N, 07623.2 W; then south to 4331.5 Cleveland, or the designated on-scene representative.
N, 07623.2 W; and then following the shoreline back to
the point of origin (NAD 83). (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.
191, the authority for this section includes 33 U.S.C. 1226.
(2) Ginna Nuclear Power Plant. The waters of Lake Ontario
bounded by the following area, starting at 4316.9 N, [CGD09-02-006, 67 FR 52611, Aug. 13, 2002]
07718.9 W; then north to 4317.3 N, 07718.9 W;

628
165.915 Security Zones; Captain Of The Port Toledo (2) Point Beach. All navigable waters of Western Lake
Zone, Lake Erie. Michigan encompassed by a line commencing from a point
(a) Security zones. The following areas are security zones: on the shoreline at 44 17.06 N, 087 32.15 W, then
northeasterly to 44 17.12 N, 087 31.59 W, then
(1) Enrico Fermi 2 Nuclear Power Station. All waters and southeasterly to 44 16.48 N, 087 31.42 W, then
adjacent shoreline encompassed by a line commencing at southwesterly to 44 16.42 N, 087 32.02 W, then
4158.4 N, 08315.4 W; then northeast to 4158.5 northwesterly along the shoreline back to the point of origin.
N, 08315.0 W; then southeast to 4158.2 N, 083 All coordinates are based upon North American Datum 1983.
13.7 W; then south to 4156.9 N, 08313.8 W; then
(b) Regulations.
west to 4156.9 N, 08315.2 W; then back to the
starting point at 4158.4 N, 08315.4 W (NAD 83). (1) In accordance with 165.33, entry into this zone is
prohibited unless authorized by the Coast Guard Captain of
(2) Davis Besse Nuclear Power Station. All waters and the Port Milwaukee. Section 165.33 also contains other
adjacent shoreline encompassed by a line commencing at general requirements.
4136.1 N, 08304.7 W; north to 4137.0 N, 083
03.9 W; east to 4135.9 N, 08302.5 W; southwest (2) Persons desiring to transit the area of the security zone
to 4135.4 N, 08303.7 W; then back to the starting may contact the Captain of the Port at telephone number
point 4136.1 N, 08304.7 W (NAD 83). (414) 747-7155 or on VHF-FM Channel 16 to seek
permission to transit the area. If permission is granted, all
(3) North American International Auto Show, Detroit persons and vessels shall comply with the instructions of the
River, Detroit, MI. All waters of the Detroit River Captain of the Port or his or her designated representative.
encompassed by a line beginning at a point of origin on land
adjacent to the west end of Joe Lewis Arena at 4219.44 (c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C.
N, 08303.11 W; then extending offshore approximately 191, the authority for this section includes 33 U.S.C. 1226.
150 yards to 42 19.39 N, 083 03.07 W; then
[CGD09-02-007, 67 FR 49578, July 31, 2002, as amended
proceeding upriver approximately 2000 yards to a point at
by CGD09-03-277, 69 FR 4242, Jan. 29, 2004]
4219.72 N, 08301.88 W; then proceeding onshore
to a point on land adjacent to the Tricentennial State Park at 165.918 Safety Zones; Annual events requiring safety
4219.79 N, 08301.90 W; then proceeding downriver zones in the Captain of the Port Sault Sainte Marie zone.
along the shoreline to connect back to the point of origin on (a) Safety Zones. The following areas are designated safety
land adjacent to the west end of the Joe Louis Arena (NAD zones:
83). This security zone will be enforced for two weeks in the
month of January with the exact dates and times to be (1) Marquette Fourth of July Celebration Fireworks;
published annually via a Notice of Enforcement. Marquette, MI:

(b) Regulations. (i) Location. All U.S. navigable waters of Marquette Harbor
within a 1000-foot radius of the fireworks launch site,
(1) In accordance with 165.33, entry into this zone is centered approximately 1250 feet south of the Mattson Park
prohibited unless authorized by the Coast Guard Captain of Bulkhead Dock and 450 feet east of Ripley Rock, at position
the Port Detroit. Section 165.33 also contains other general 4632'21.7"N, 08723'07.60"W [DATUM: NAD 83].
requirements.
(ii) Enforcement Period. This safety zone will be enforced
(2) Persons desiring to transit through either of these each year on July 4 from 9 p.m. until 11 p.m. If the July 4
security zones, prior to transiting, must contact the Captain fireworks are cancelled due to inclement weather, then this
of the Port Detroit at telephone number (419) 418-6050, or section will be enforced July 5 from 9 p.m. until 11 p.m.
on VHF/FM channel 16 and request permission. If
permission is granted, all persons and vessels shall comply (2) Munising Fourth of July Celebration Fireworks; Munising,
with the instructions of the Captain of the Port or his or her MI:
designated representative.
(i) Location. All U.S. navigable waters of South Bay within a
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 600-foot radius from the fireworks launch site at the end of
191, the authority for this section includes 33 U.S.C. 1226. the Munising City Dock, centered in position: 4624'50.08"N,
08639'08.52"W [DATUM: NAD 83].
[CGD09-02-011, 67 FR 46386, July 15, 2002, as amended
by USCG-2013-0034, 79 FR 4079, Jan. 24, 2014] (ii) Enforcement Period. This safety zone will be enforced
each year on July 4 from 9 p.m. until 12:30 a.m. on July 5. If
165.916 Security Zones; Captain Of The Port Milwaukee the July 4 fireworks are cancelled due to inclement weather,
Zone, Lake Michigan. then this section will be enforced on July 5 from 9 p.m. until
(a) Location. The following are security zones: 12:30 a.m. on July 6.

(1) Kewaunee Nuclear Power Plant. All navigable waters of (3) Grand Marais Splash-In; Grand Marais, MI:
Western Lake Michigan encompassed by a line commencing
from a point on the shoreline at 4420.715 N, 087 (i) Location. All U.S. navigable waters within the southern
32.080 W; then easterly to 44 20.720 N, 087 portion of West Bay bound to the north by a line beginning
31.630 W; then southerly to 44 20.480 N, 087 approximately 175 feet south-southeast of the Lake Street
Boat Launch, extending 5280 feet to the east on a true
31.630 W; then westerly to 44 20.480 N, 087
bearing of 079 degrees. The eastern boundary will then be
31.970 W, then northerly following the shoreline back to formed by a line drawn to the shoreline on a true bearing of
the point of origin (NAD 83).

629
170 degrees. The western and southern boundaries of the (i) Location. All U.S. navigable waters of the St. Marys River
zone will be bound by the shoreline of West Bay. The within a 1200-foot radius from the fireworks launch site,
coordinates for this zone are as follows: 4640'22.32" N, centered approximately 160 yards north of the U.S. Army
08559'00.66" W, 4640'32.04" N, 08557'46.14" W, and Corp of Engineers Soo Locks North East Pier, at position
4640'19.68" N, 08557'43.08" W [DATUM: NAD 83], with 4630'20.40" N, 08420'17.64" W [DATUM: NAD 83].
the West Bay shoreline forming the South and West
boundaries of the zone. (ii) Enforcement Period. This safety zone will be enforced
each year on July 1 from 9 p.m. until 11 p.m. If the July 1
(ii) Enforcement Period. Each year on the second to last fireworks are cancelled due to inclement weather, then this
Saturday in June from 2 p.m. until 5 p.m. section will be enforced July 2 from 9 p.m. until 11 p.m.

(4) Sault Sainte Marie Fourth of July Celebration Fireworks; (9) Jordan Valley Freedom Festival Fireworks; East Jordan,
Sault Sainte Marie, MI: MI:

(i) Location. All U.S. navigable waters of the St. Marys River (i) Location. All U.S. navigable waters of Lake Charlevoix,
within a 750-foot radius around the eastern portion of the near the City of East Jordan, within the arc of a circle with a
U.S. Army Corp of Engineers Soo Locks North East Pier, 1000-foot radius from the fireworks launch site in position
centered in position: 4630'19.66" N, 08420'31.61" W 4509'18" N, 08507'48" W [DATUM: NAD 83].
[DATUM: NAD 83].
(ii) Enforcement Period. Each year on Saturday of the third
(ii) Enforcement Period. This safety zone will be enforced weekend of June from 9 p.m. until 11 p.m.
each year on July 4 from 9 p.m. until 11:30 p.m. If the July 4
fireworks are cancelled due to inclement weather, then this (10) National Cherry Festival Fourth of July Celebration
section will be enforced July 5 from 9 p.m. until 11:30 p.m. Fireworks; Traverse City, MI:

(5) St. Ignace Fourth of July Celebration Fireworks; St. (i) Location. All U.S. navigable waters of the West Arm of
Ignace, MI: Grand Traverse Bay within the arc of a circle with a 1000-
foot radius from the fireworks launch site located on a barge
(i) Location. All U.S. navigable waters of East Moran Bay in position 4446'12" N, 08537'06" W [DATUM: NAD 83].
within a 700-foot radius from the fireworks launch site at the
end of the Arnold Transit Mill Slip, centered in position: (ii) Enforcement Period. This safety zone will be enforced
4552'24.62" N, 08443'18.13" W [DATUM: NAD 83]. each year on July 4 from 9 p.m. until 11 p.m. If the July 4
fireworks are cancelled due to inclement weather, then this
(ii) Enforcement Period. This safety zone will be enforced section will be enforced July 5 from 9 p.m. until 11 p.m.
each year on July 4 from 9 p.m. until 11:30 p.m. If the July 4
fireworks are cancelled due to inclement weather, then this (11) Harbor Springs Fourth of July Celebration Fireworks;
section will be enforced July 5 from 9 p.m. until 11:30 p.m. Harbor Springs, MI:

(6) Mackinac Island Fourth of July Celebration Fireworks; (i) Location. All U.S. navigable waters of Lake Michigan and
Mackinac Island, MI: Harbor Springs Harbor within the arc of a circle with a 1000-
foot radius from the fireworks launch site located on a barge
(i) Location. All U.S. navigable waters of Lake Huron within in position 4525'30" N, 08459'06" W [DATUM: NAD 83].
a 500-foot radius of the fireworks launch site, centered
approximately 1000 yards west of Round Island Passage (ii) Enforcement Period. This safety zone will be enforced
Light, at position 4550'34.92" N, 08437'38.16" W [DATUM: each year on July 4 from 9 p.m. until 11 p.m. If the July 4
NAD 83]. fireworks are cancelled due to inclement weather, then this
section will be enforced July 5 from 9 p.m. until 11 p.m.
(ii) Enforcement Period. This safety zone will be enforced
each year on July 4 from 9 p.m. until 11 p.m. If the July 4 (12) Bay Harbor Yacht Club Fourth of July Celebration
fireworks are cancelled due to inclement weather, then this Fireworks; Petoskey, MI:
section will be enforced July 5 from 9 p.m. until 11 p.m.
(i) Location. All U.S. navigable waters of Lake Michigan and
(7) Festivals of Fireworks Celebration Fireworks; St. Ignace, Bay Harbor Lake within the arc of a circle with a 500-foot
MI: radius from the fireworks launch site located on a barge in
position 4521'50" N, 08501'37" W [DATUM: NAD 83].
(i) Location. All U.S. navigable waters of East Moran Bay
within a 700-foot radius from the fireworks launch site at the (ii) Enforcement Period. This safety zone will be enforced
end of the Arnold Transit Mill Slip, centered in position: each year on July 3 from 9 p.m. until 11 p.m. If the July 3
4552'24.62" N, 08443'18.13" W [DATUM: NAD 83]. fireworks are cancelled due to inclement weather, then this
section will be enforced July 4 from 9 p.m. until 11 p.m.
(ii) Enforcement Period. This safety zone will be enforced
each year on every Saturday following the 4th of July until (13) Petoskey Fourth of July Celebration Fireworks;
the second Sunday in September from 9 p.m. to 11 p.m. If Petoskey, MI:
the fireworks are cancelled on Saturday due to inclement
weather, then this section will be enforced on Sunday from 9 (i) Location. All U.S. navigable waters of Lake Michigan and
p.m. to 11 p.m. Petoskey Harbor, in the vicinity of Bay Front Park, within the
arc of a circle with a 1000-foot radius from the fireworks
(8) Canada Day Celebration Fireworks; Sault Sainte Marie, launch site located in position 4522'40" N, 08457'30" W
MI: [DATUM: NAD 83].

630
(ii) Enforcement Period. This safety zone will be enforced the arc of a circle with a 1000-foot radius from the fireworks
each year on July 4 from 9 p.m. until 11 p.m. If the July 4 launch site located in position 4453'58" N, 08525'04" W
fireworks are cancelled due to inclement weather, then this [DATUM: NAD 83].
section will be enforced July 5 from 9 p.m. until 11 p.m.
(ii) Enforcement Period. Each year on the first Saturday of
(14) Boyne City Fourth of July Celebration Fireworks; Boyne August from 9 p.m. until 11 p.m.
City, MI:
(20) Alpena Fourth of July Celebration Fireworks, Alpena, MI:
(i) Location. All U.S. navigable waters of Lake Charlevoix, in
the vicinity of Veterans Park, within the arc of a circle with a (i) Location. All U.S. navigable waters of Lake Huron within
1400-foot radius from the fireworks launch site located in an 800-foot radius of the fireworks launch site located near
position 4513'30" N, 08501'40" W [DATUM: NAD 83]. the end of Mason Street, South of State Avenue, at position
4502'42" N, 08326'48" W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced
each year on July 4 from 9 p.m. until 11 p.m. If the July 4 (ii) Enforcement Period. This safety zone will be enforced
fireworks are cancelled due to inclement weather, then this each year on July 4 from 9 p.m. until 11 p.m. If the July 4
section will be enforced July 5 from 9 p.m. until 11 p.m. fireworks are cancelled due to inclement weather, then this
section will be enforced July 5 from 9 p.m. until 11 p.m.
(15) National Cherry Festival Air Show; Traverse City, MI:
(b) Definitions. The following definitions apply to this section:
(i) Location. All U.S. navigable waters of the West Arm of
Grand Traverse Bay bounded by a line drawn from Designated representative means any Coast Guard
4446'48" N, 08538'18" W, then southeast to 4446'30" N, commissioned, warrant, or petty officer designated by the
08535'30" W, then southwest to 4446'00" N, 08535'48" W, Captain of the Port Sault Sainte Marie to monitor these
then northwest to 4446'30" N, 08538'30" W, then back to safety zones, permit entry into these safety zones, give
the point of origin [DATUM: NAD 83]. legally enforceable orders to persons or vessels within these
safety zones, or take other actions authorized by the Captain
(ii) Enforcement Period. Each year on Friday, Saturday, of the Port Sault Sainte Marie.
and Sunday of the first complete weekend of July from noon
until 4 p.m. Public vessel means a vessel owned, chartered, or
operated by the United States or by a State or political
(16) National Cherry Festival Finale Fireworks; Traverse City, subdivision thereof.
MI:
(c) Regulations.
(i) Location. All U.S. navigable waters and adjacent
shoreline of the West Arm of Grand Traverse Bay within the (1) In accordance with the general regulations in 165.23 of
arc of a circle with a 1000-foot radius from the fireworks this part, entry into, transiting, or anchoring within any of the
launch site located on a barge in position 4446'12" N, safety zones listed in this section is prohibited unless
08537'06" W [DATUM: NAD 83]. authorized by the Captain of the Port Sault Sainte Marie, or
a designated representative.
(ii) Enforcement Period. Each year on the second Saturday
of July from 9 p.m. until 11 p.m. (2) All persons and vessels must comply with the instructions
of the Coast Guard Captain of the Port Sault Sainte Marie or
(17) Charlevoix Venetian Festival Friday Night Fireworks; a designated representative. Upon being hailed by the U.S.
Charlevoix, MI: Coast Guard by siren, radio, flashing light or other means,
the operator of a vessel shall proceed as directed.
(i) Location. All U.S. navigable waters of Lake Charlevoix, in
the vicinity of Depot Beach, within the arc of a circle with a (3) When a safety zone established by this section is being
1000-foot radius from the fireworks launch site located on a enforced, all vessels must obtain permission from the
barge in position 4519'08" N, 08514'18" W [DATUM: NAD Captain of the Port Sault Sainte Marie or a designated
83]. representative to enter, move within, or exit that safety zone.
Vessels and persons granted permission to enter the safety
(ii) Enforcement Period. Each year on Friday of the fourth zone shall obey all lawful orders or directions of the Captain
weekend of July from 9 p.m. until 11 p.m. of the Port Sault Sainte Marie or a designated representative.
While within a safety zone, all vessels shall operate at the
(18) Charlevoix Venetian Festival Saturday Night Fireworks; minimum speed necessary to maintain a safe course.
Charlevoix, MI:
(d) Suspension of Enforcement. If the event concludes
(i) Location. All U.S. navigable waters of Round Lake within earlier than scheduled, the Captain of the Port Sault Sainte
the arc of a circle with a 300- foot radius from the fireworks Marie or a designated representative will issue a Broadcast
launch site located on a barge in position 4519'03" N, Notice to Mariners notifying the public that enforcement of
08515'18" W [DATUM: NAD 83]. the respective safety zone is suspended.

(ii) Enforcement Period. Each year on Saturday of the (e) Exemption. Public vessels, as defined in paragraph (b)
fourth weekend of July from 9 p.m. until 11 p.m. of this section, are exempt from the requirements in this
section.
(19) Elk Rapids Harbor Days Fireworks; Elk Rapids, MI:
(f) Waiver. For any vessel, the Captain of the Port Sault
(i) Location. All U.S. navigable waters of Grand Traverse Sainte Marie or a designated representative may, at his or
Bay, in the vicinity of Edward G. Grace Memorial Park, within her discretion, waive any of the requirements of this section,

631
upon finding that circumstances are such that application of District Commander, his or her designated representatives,
this section is unnecessary or impractical for the purposes of or an on-scene representative.
safety or environmental safety.
(v) The Captain of the Port, Sector Lake Michigan, may
[USCG-2011-0188, 76 FR 31841, June 2, 2011] further designate an "on-scene" representative. The Captain
of the Port, Sector Lake Michigan, or the on-scene
165.920 Regulated Navigation Area: USCG Station Port representative may be contacted via VHF-FM radio Channel
Huron, Port Huron, MI, Lake Huron. 16 or through the Coast Guard Sector Lake Michigan
(a) Location. All waters of Lake Huron encompassed by the Command Center at (414) 747-7182.
following: starting at the northwest corner at 4300.4 N,
082 25.327 W; then east to 43 00.4 N, 082 (b) Regulated Navigation Area.
25.23.8 W; then south to 4300.3 N, 08225.238 W;
(1) The following is a regulated navigation area (RNA):
then west to 4300.3 N, 08225.327 W; then following
all waters of the Chicago Sanitary and Ship Canal,
the shoreline north back to the point of origin (NAD 83).
Romeoville, IL located between mile marker 295.5 and mile
marker 297.2.
(b) Special regulations. No vessel may fish, anchor, or
moor within the RNA without obtaining the approval of the
(2) Regulations.
Captain of the Port (COTP) Detroit. Vessels need not
request permission from COTP Detroit if only transiting
(i) The general regulations contained in 33 CFR 165.13
through the RNA. COTP Detroit can be reached by
apply.
telephone at (313) 568-9560, or by writing to: Sector Detroit,
110 Mt. Elliot Ave., Detroit MI 48207-4380.
(ii) Vessels that comply with the following restrictions are
permitted to transit the RNA:
[CDG09-03-287, 69 FR 23103, Apr. 28, 2004, as amended
by USCG-2012-0306, 77 FR 37315, June 21, 2012].
(A) Vessels must be greater than 20 feet in length.
165.923 Safety Zone and Regulated Navigation Area,
(B) Vessels must not be a personal or human powered
Chicago Sanitary and Ship Canal, Romeoville, IL.
watercraft (i.e. jet skis, wave runners, kayaks, row boats,
(a) Safety Zone.
etc.).
(1) The following area is a safety zone: All waters of the
(C) All up-bound and down-bound barge tows that consist of
Chicago Sanitary and Ship Canal located between mile
barges carrying flammable liquid cargos (Grade A through C,
marker 296.1 and mile marker 296.7.
flashpoint below 140 degrees Fahrenheit, or heated to within
15 degrees Fahrenheit of flash point) must engage the
(2) Regulations.
services of a bow boat at all times until the entire tow is clear
of the RNA.
(i) All vessels are prohibited from transiting the safety zone
with any non-potable water on board if they intend to release
(D) Vessels engaged in commercial service, as defined in 46
that water in any form within, or on the other side of the
U.S.C. 2101(5), may not pass (meet or overtake) in the RNA
safety zone. Non-potable water includes, but is not limited to,
and must make a SECURITE call when approaching the
any water taken on board to control or maintain trim, draft,
RNA to announce intentions and work out passing
stability, or stresses of the vessel. Likewise, it includes any
arrangements.
water taken on board due to free communication between
the hull of the vessel and exterior water. Potable water is
(E) Commercial tows transiting the RNA must be made up
water treated and stored aboard the vessel that is suitable
with only wire rope to ensure electrical connectivity between
for human consumption.
all segments of the tow.
(ii) Vessels with non-potable water onboard are permitted to
(F) All vessels are prohibited from loitering in the RNA.
transit the safety zone if they have taken steps to prevent the
release, in any form, of that water in or on the other side of
(G) Vessels may enter the RNA for the sole purpose of
the safety zone. Alternatively, vessels with non-potable
transiting to the other side and must maintain headway
water onboard are permitted to transit the safety zone if they
throughout the transit. All vessels and persons are prohibited
have plans to dispose of the water in a biologically sound
from dredging, laying cable, dragging, fishing, conducting
manner.
salvage operations, or any other activity, which could disturb
the bottom of the RNA.
(iii) Vessels with non-potable water aboard that intend to
discharge on the other side of the zone must contact the
(H) Except for law enforcement and emergency response
Coast Guard's Ninth District Commander or his or her
personnel, all personnel on vessels transiting the RNA
designated representatives prior to transit and obtain
should remain inside the cabin, or as inboard as practicable.
permission to transit and discharge. Examples of discharges
If personnel must be on open decks, they must wear a Coast
that may be approved include plans to dispose of the water
Guard approved personal flotation device.
in a biologically sound manner or demonstrate through
testing that the non-potable water does not contain potential
(I) Vessels may not moor or lay up on the right or left
live Silver or Asian carp, viable eggs, or gametes.
descending banks of the RNA.
(iv) In accordance with the general regulations in 165.23 of
(J) Towboats may not make or break tows if any portion of
this part, entry into, transiting, or anchoring within this safety
the towboat or tow is located in the RNA.
zone by vessels with non-potable water on board is
prohibited unless authorized by the Coast Guard's Ninth

632
(K) Persons on board any vessel transiting this RNA in or his designated representatives. All vessels entering or
accordance with this rule or otherwise are advised they do moving within the security zone must operate at speeds
so at their own risk. which are necessary to maintain a safe course and which
will not exceed 12 knots.
[FR Doc. 2013-16803 Filed 7-12-13; 8:45 am]
(e) Enforcement. Any Coast Guard commissioned, warrant
165.928 Security Zone; Mackinac Bridge, Straits of or petty officer may enforce the rules in this section. In the
Mackinac, Michigan. navigable waters of the United States to which this section
(a) Definitions. The following definitions apply to this section: applies, when immediate action is required and
representatives of the Coast Guard are not present or not
(1) Designated Representative means those persons present in sufficient force to provide effective enforcement of
designated by the Captain of the Port to monitor these this section, any Federal Law Enforcement Officer or
security zones, permit entry into these zones, give legally Michigan Law Enforcement Officer may enforce the rules
enforceable orders to persons or vessels within these zones contained in this section pursuant to 33 CFR 6.04-11. In
and take other actions authorized by the Captain of the Port. addition, the Captain of the Port may be assisted by other
Persons authorized in paragraph (e) to enforce this section Federal, state or local agencies in enforcing this section
and Vessel Traffic Service St. Marys River (VTS) are pursuant to 33 CFR 6.04-11.
Designated Representatives.
(f) Exemption. Public vessels as defined in paragraph (a) of
(2) Federal Law Enforcement Officer means any employee this section are exempt from the requirements in this section.
or agent of the United States government who has the
authority to carry firearms and make warrantless arrests and (g) Waiver. For any vessel, the Captain of the Port Sault Ste.
whose duties involve the enforcement of criminal laws of the Marie may waive any of the requirements of this section,
United States. upon finding that operational conditions or other
circumstances are such that application of this section is
(3) Navigable waters of the United States means those unnecessary or impractical for the purpose of port security,
waters defined as such in 33 CFR part 2. safety or environmental safety.

(4) Public vessel means vessels owned, chartered, or (h) Enforcement period. This rule will be enforced Labor
operated by the United States, or by a State or political Day of each year; 6 a.m. (local) to 11:59 p.m. (midnight)
subdivision thereof. (local).

(5) Michigan Law Enforcement Officer means any [CGD09-06-019, 71 FR 45389, Aug. 9, 2006]
regularly employed member of a Michigan police force
165.929 Safety Zones; Annual events requiring safety
responsible for the prevention and detection of crime and the
zones in the Captain of the Port Lake Michigan zone.
enforcement of the general criminal laws of Michigan as
(a) Regulations. The following regulations apply to the
defined in Michigan Compiled Laws section 28.602(l)(i).
safety zones listed in Table 165.929 of this section.
(b) Security zone. The following area is a security zone: All
(1) The general regulations in 165.23.
waters enclosed by a line connecting the following points:
4550.763 N: 08443.731 W, which is the northwest corner;
(2) All vessels must obtain permission from the Captain of
thence east to 4550.705 N: 08443.04 W, which is the
the Port Lake Michigan or his or her designated
northeast corner; thence south to 4547.242 N: 08443.634
representative to enter, move within, or exit a safety zone
W, which is the southeast corner; thence west to 4547.30 N:
established in this section when the safety zone is enforced.
08444.320 W, which is the southwest corner; then north to
Vessels and persons granted permission to enter one of the
the point of origin. The zone described above includes all
safety zones listed in this section must obey all lawful orders
waters on either side of the Mackinac Bridge within one-
or directions of the Captain of the Port Lake Michigan or his
quarter mile of the bridge. [Datum: NAD 1983].
or her designated representative. Upon being hailed by the
U.S. Coast Guard by siren, radio, flashing light or other
(c) Obtaining permission to enter or move within, the
means, the operator of a vessel must proceed as directed.
security zone: All vessels must obtain permission from the
COTP or a Designated Representative to enter or move
(3) The enforcement dates and times for each of the safety
within, the security zone established in this section. Vessels
zones listed in Table 165.929 of this section are subject to
with an operable Automatic Identification System (AIS) unit
change, but the duration of enforcement would remain the
should seek permission from the COTP or a Designated
same or nearly the same total number of hours as stated in
Representative at least 1 hour in advance. Vessels with an
the table. In the event of a change, the Captain of the Port
operable AIS unit may contact VTS St. Marys River (Soo
Lake Michigan will provide notice to the public by publishing
Traffic) on VHF channel 12. Vessels without an operable AIS
a Notice of Enforcement in the Federal Register, as well as,
unit should seek permission at least 30 minutes in advance.
issuing a Broadcast Notice to Mariners.
Vessels without an operable AIS unit may contact Coast
Guard Station St. Ignace on VHF channel 16.
(b) Definitions. The following definitions apply to this section:
(d) Regulations. The general regulations in 33 CFR part
(1) Designated representative means any Coast Guard
165 subpart D, apply to any vessel or person in the
commissioned, warrant, or petty officer designated by the
navigable waters of the United States to which this section
Captain of the Port Lake Michigan to monitor a safety zone,
applies. No person or vessel may enter the security zone
permit entry into a safety zone, give legally enforceable
established in this section unless authorized by the Captain
orders to persons or vessels within a safety zone, and take
of the Port or his designated representatives. Vessels and
other actions authorized by the Captain of the Port Lake
persons granted permission to enter the security zone shall
Michigan.
obey all lawful orders or directions of the Captain of the Port

633
(2) Public vessel means a vessel that is owned, chartered, or and/or on-scene notice by his or her designated
operated by the United States, or by a State or political representative.
subdivision thereof.
(d) Exemption. Public vessels, as defined in paragraph (b)
(3) Rain date refers to an alternate date and/or time in which of this section, are exempt from the requirements in this
the safety zone would be enforced in the event of inclement section.
weather.
(e) Waiver. For any vessel, the Captain of the Port Lake
(c) Suspension of enforcement. The Captain of the Port Michigan or his or her designated representative may waive
Lake Michigan may suspend enforcement of any of these any of the requirements of this section upon finding that
zones earlier than listed in this section. Should the Captain operational conditions or other circumstances are such that
of the Port suspend any of these zones earlier than the listed application of this section is unnecessary or impractical for
duration in this section, he or she may make the public the purposes of safety or security.
aware of this suspension by Broadcast Notice to Mariners

TABLE 165.929

Event Location Enforcement date and time2

(a) March Safety Zones

(1) St. Patrick's Day Manitowoc, WI. All waters of the Manitowoc River within the arc of a circle with a 250-foot The third Saturday of March;
Fireworks radius from a center point launch position at 4405.492 N., 08739.332 W 5:30 p.m. to 7 p.m.

(2) Public Fireworks Green Bay, WI. All waters of the Fox River in the vicinity of the Main Street and Walnut March 15; 11:50 a.m. to 12:30
Display Street Bridge within an area bounded by the following coordinates; 4431.211 N., 088 p.m. Rain date: March 16; 11:50
00.833 W.; then southwest along the river bank to 4430.944 N., 08801.159 W.; a.m. to 12:30 p.m.
then southeast to 4430.890 N., 08801.016 W.; then northeast along the river bank to
4431.074 N., 08800.866 W.; then northwest returning to the point of origin

(b) April Safety Zones

(1) Michigan Aerospace Muskegon, MI. All waters of Muskegon Lake, near the West Michigan Dock and Market The last Saturday of April; 8 a.m.
Challenge Sport Rocket Corp facility, within the arc of a circle with a 1500-yard radius from the rocket launch site to 4 p.m.
Launch located in position 4314.018 N., 08615.585 W

(2) Lubbers Cup Regatta Spring Lake, MI. All waters of Spring Lake in Spring Lake, Michigan in the vicinity of April 11; 7:45 a.m. to 7 p.m., and
Keenan Marina within a rectangle that is approximately 6,300 by 300 feet. The rectangle April 12; 8:30 a.m. to 12:30 p.m.
will be bounded by points beginning at 4304.914 N., 08612.525 W.; then east to
4304.958 N., 08611.104 W.; then south to 4304.913 N., 08611.096 W.; then
west to 4304.867 N., 08612.527 W.; then north back to the point of origin

(c) May Safety Zones

(1) Tulip Time Festival Holland, MI. All waters of Lake Macatawa, near Kollen Park, within the arc of a circle with a The first Saturday of May; 9:30
Fireworks 1000-foot radius from the fireworks launch site in approximate center position 4247.496 p.m. to 11:30 p.m. Rain date:
N., 08607.348 W The first Friday of May; 9:30 p.m.
to 11:30 p.m.

(2) Cochrane Cup Blue Island, IL. All waters of the Calumet Saganashkee Channel from the South Halstead The first Saturday of May; 6:30
Street Bridge at 4139.442 N., 08738.474 W.; to the Crawford Avenue Bridge at a.m. to 5 p.m.
4139.078 N., 08743.127 W.; and the Little Calumet River from the Ashland Avenue
Bridge at 4139.098 N., 08739.626 W.; to the junction of the Calumet Saganashkee
Channel at 4139.373 N., 08739.026 W

(3) Rockets for Schools Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor, near the Sheboygan The first Saturday of May; 8 a.m.
Rocket Launch South Pier, within the arc of a circle with a 1500-yard radius from the rocket launch site to 5 p.m.
located with its center in position 4344.914 N., 08741.869 W

(4) Celebrate De Pere De Pere, WI. All waters of the Fox River, near Voyageur Park, within the arc of a circle with The Saturday or Sunday before
Fireworks a 500 foot radius from the fireworks launch site located in position 4427.167 N., Memorial Day; 8:30 p.m. to 10
08803.833 W p.m.

(d) June Safety Zones

(1) International Bayfest Green Bay, WI. All waters of the Fox River, near the Western Lime Company 1.13 miles The second Friday of June; 9
above the head of the Fox River, within the arc of a circle with a 1,000-foot radius from the p.m. to 11 p.m.
fireworks launch site located in position 4431.408 N., 08800.710 W

(2) Harborfest Music and Racine, WI. All waters of Lake Michigan and Racine Harbor, near the Racine Launch Basin Friday and Saturday of the third
Family Festival Entrance Light, within the arc of a circle with a 200-foot radius from the fireworks launch complete weekend of June; 9
site located in position 4243.722 N., 08746.673 W p.m. to 11 p.m. each day.

(3) Spring Lake Heritage Spring Lake, MI. All waters of the Grand River within the arc of a circle with a 700-foot The third Saturday of June; 9
Festival Fireworks radius from a barge in center position 4304.375 N., 08612.401 W p.m. to 11 p.m.

634
(4) Elberta Solstice Elberta, MI. All waters of Betsie Lake within the arc of a circle with a 500-foot radius from The last Saturday of June; 9
Festival the fireworks launch site located in approximate center position 4437.607 N., p.m. to 11 p.m.
08613.977 W

(5) World War II Beach St. Joseph, MI. All waters of Lake Michigan in the vicinity of Tiscornia Park in St. Joseph, The last Saturday of June; 8
Invasion Re-enactment MI beginning at 4206.918 N., 08629.421 W.; then west/northwest along the north a.m. to 2 p.m.
breakwater to 4206.980 N., 08629.682 W.; then northwest 100 yards to 4207.018
N., 08629.728 W.; then northeast 2,243 yards to 4207.831 N., 08628.721 W.;
then southeast to the shoreline at 4207.646 N., 08628.457 W.; then southwest along
the shoreline to the point of origin

(6) Ephraim Fireworks Ephraim, WI. All waters of Eagle Harbor and Lake Michigan within the arc of a circle with a The third Saturday of June; 9
750-foot radius from the fireworks launch site located on a barge in position 4509.304 p.m. to 11 p.m.
N., 08710.844 W

(7) Thunder on the Fox Elgin, IL. All waters of the Fox River from the Kimball Street bridge, located at approximate Friday, Saturday, and Sunday of
position 4202.499 N., 08817.367 W., then 1250 yards north to a line crossing the the third weekend in June; 10
river perpendicularly running through position 4203.101 N., 08817.461 W a.m. to 7 p.m. each day.

(8) Olde Ellison Bay Days Ellison Bay, WI. All waters of Green Bay, in the vicinity of Ellison Bay Wisconsin, within the The fourth Saturday of June; 9
Fireworks arc of a circle with a 400-foot radius from the fireworks launch site located on a barge in p.m. to 10 p.m.
approximate center position 4515.595 N., 08705.043 W

(9) Sheboygan Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor within the arc of a June 15; 8:45 p.m. to 10:45 p.m.
Harborfest Fireworks circle with a 1000-foot radius from the fireworks launch site located in position 4344.914
N., 08741.897 W

(e) July Safety Zones

(1) Town of Porter Porter IN. All waters of Lake Michigan within the arc of a circle with a 1000 foot radius from The first Saturday of July; 8:45
Fireworks Display the fireworks launch site located in center position 4139.927 N., 08703.933 W p.m. to 9:30 p.m.

(2) City of Menasha 4th Menasha, WI. All waters of Lake Winnebago and the Fox River within the arc of a circle July 4; 9 p.m. to 10:30 p.m.
of July Fireworks with an 800-foot radius from the fireworks launch site located in center position
4412.231 N., 08825.524 W

(3) Pentwater July Third Pentwater, MI. All waters of Lake Michigan and the Pentwater Channel within the arc of a July 3; 9 p.m. to 11 p.m. Rain
Fireworks circle with a 1,000-foot radius from the fireworks launch site located in position date: July 4; 9 p.m. to 11 p.m.
4346.942 N., 08626.625 W

(4) Taste of Chicago Chicago, IL. All waters of Monroe Harbor and Lake Michigan bounded by a line drawn from July 3; 9 p.m. to 11 p.m. Rain
Fireworks 4153.380 N., 08735.978 W.; then southeast to 4153.247 N., 08735.434 W.; date: July 4; 9 p.m. to 11 p.m.
then south to 4152.809 N., 08735.434 W.; then southwest to 4152.453 N.,
08736.611 W.; then north to 4153.247 N., 08736.573 W.; then northeast returning
to the point of origin

(5) St. Joseph Fourth of St. Joseph, MI. All waters of Lake Michigan and the St. Joseph River within the arc of a July 4; 9 p.m. to 11 p.m. Rain
July Fireworks circle with a 1000-foot radius from the fireworks launch site in position 4206.867 N., date: July 5; 9 p.m. to 11 p.m.
086 29.463 W

(6) US Bank Fireworks Milwaukee, WI. All waters and adjacent shoreline of Milwaukee Harbor, in the vicinity of July 3; 9 p.m. to 11 p.m. Rain
Veteran's park, within the arc of a circle with a 1,200-foot radius from the center of the date: July 4; 9 p.m. to 11 p.m.
fireworks launch site which is located on a barge in approximate position 4302.362 N.,
08753.485 W

(7) Manistee Manistee, MI. All waters of Lake Michigan, in the vicinity of the First Street Beach, within July 3; 9 p.m. to 11 p.m. Rain
Independence Day the arc of a circle with a 1,000-foot radius from the fireworks launch site located in position date: July 4; 9 p.m. to 11 p.m.
Fireworks 4414.854 N., 08620.757 W

(8) Frankfort Frankfort, MI. All waters of Lake Michigan and Frankfort Harbor, bounded by a line drawn July 4; 9 p.m. to 11 p.m. Rain
Independence Day from 4438.100 N., 08614.826 W.; then south to 4437.613 N., 08614.802 W.; date: July 5; 9 p.m. to 11 p.m.
Fireworks then west to 4437.613 N., 08615.263 W.; then north to 4438.094 N.,
08615.263 W

(9) Freedom Festival Ludington, MI. All waters of Lake Michigan and Ludington Harbor within the arc of a circle July 4; 9 p.m. to 11 p.m. Rain
Fireworks with a 800-foot radius from the fireworks launch site located in position 4357.171 N., date: July 5; 9 p.m. to 11 p.m.
08627.718 W

(10) White Lake Montague, MI. All waters of White Lake within the arc of a circle with an 800-foot radius July 4; 9:30 p.m. to 11:30 p.m.
Independence Day from a center position at 4324.621 N., 08621.463 W Rain date: July 5; 9:30 p.m. to
Fireworks 11:30 p.m.

(11) Muskegon Summer Muskegon, MI. All waters of Muskegon Lake, in the vicinity of Hartshorn Municipal Marina, July 4; 9 p.m. to 11 p.m. Rain
Celebration July Fourth within the arc of a circle with a 700-foot radius from a center position at 4314.039 N., date: July 5; 9 p.m. to 11 p.m.
Fireworks 08615.793 W

635
(12) Grand Haven Grand Haven, MI. All waters of the Grand River within the arc of a circle with a 800-foot July 4; 9 p.m. to 11:30 p.m. Rain
Jaycees Annual Fourth of radius from the fireworks launch site located on the west bank of the Grand River in date: July 5; 9 p.m. to 11:30 p.m.
July Fireworks position 433.908 N., 08614.240 W

(13) Celebration Freedom Holland, MI. All waters of Lake Macatawa in the vicinity of Kollen Park within the arc of a The Saturday prior to July 4; 9
Fireworks circle with a 2000-foot radius of a center launch position at 4247.440 N., 08607.621 p.m. to 11 p.m. Rain date: July 4;
W 9 p.m. to 11 p.m.

(14) Van Andel Fireworks Holland, MI. All waters of Lake Michigan and the Holland Channel within the arc of a circle July 4; 9 p.m. to 11 p.m.
Show with a 1000-foot radius from the fireworks launch site located in approximate position Raindate: July 3; 9 p.m. to 11
4246.351 N., 08612.710 W p.m.

(15) Saugatuck Saugatuck, MI. All waters of Kalamazoo Lake within the arc of a circle with a 500-foot July 4; 9 p.m. to 11 p.m. Rain
Independence Day radius from the fireworks launch site in center position 4239.074 N., 08612.285 W date: July 5; 9 p.m. to 11 p.m.
Fireworks

(16) South Haven Fourth South Haven, MI. All waters of Lake Michigan and the Black River within the arc of a circle July 3; 9:30 p.m. to 11:30 p.m.
of July Fireworks with a 1000-foot radius from the fireworks launch site located in center position
4224.125 N., 08617.179 W

(17) Town of Dune Acres Dune Acres, IN. All waters of Lake Michigan within the arc of a circle with a 700-foot radius The first Saturday of July; 8:45
Independence Day from the fireworks launch site located in position 4139.303 N., 08705.239 W p.m. to 10:30 p.m.
Fireworks

(18) Gary Fourth of July Gary, IN. All waters of Lake Michigan, approximately 2.5 miles east of Gary Harbor, within July 4; 9 p.m. to 11 p.m. Rain
Fireworks the arc of a circle with a 500-foot radius from the fireworks launch site located in position date: July 5; 9 p.m. to 11 p.m.
4137.322 N., 08714.509 W

(19) Joliet Independence Joliet, IL. All waters of the Des Plains River, at mile 288, within the arc of a circle with a July 3; 9 p.m. to 11 p.m. Rain
Day Celebration 500-foot radius from the fireworks launch site located in position 4131.522 N., date: July 4; 9 p.m. to 11 p.m.
Fireworks 08805.244 W

(20) Glencoe Fourth of Glencoe, IL. All waters of Lake Michigan in the vicinity of Lake Front Park, within the arc of July 4; 9 p.m. to 11 p.m. Rain
July Celebration a circle with a 500-foot radius from a barge in position 4208.404 N., 08744.930 W date: July 5; 9 p.m. to 11 p.m.
Fireworks

(21) Lakeshore Country Glencoe, IL. All waters of Lake Michigan within the arc of a circle with a 600-foot radius July 4; 9 p.m. to 11 p.m. Rain
Club Independence Day from a center point fireworks launch site in approximate position 4209.130 N., date: July 5; 9 p.m. to 11 p.m.
Fireworks 08745.530 W

(22) Shore Acres Country Lake Bluff, IL. All waters of Lake Michigan within the arc of a circle with a 600-foot radius July 4; 9 p.m. to 11 p.m. Rain
Club Independence Day from approximate position 4217.847 N., 08749.837 W date: July 5; 9 p.m. to 11 p.m.
Fireworks

(23) Kenosha Kenosha, WI. All waters of Lake Michigan and Kenosha Harbor within the arc of a circle July 4; 9 p.m. to 11 p.m. Rain
Independence Day with a 1000-foot radius from the fireworks launch site located in position 4235.283 N., date: July 5; 9 p.m. to 11 p.m.
Fireworks 08748.450 W

(24) Fourthfest of Greater Racine, WI. All waters of Racine Harbor and Lake Michigan within the arc of a circle with a July 4; 9 p.m. to 11 p.m. Rain
Racine Fireworks 900-foot radius from a center point position at 4244.259 N., 08746.635 W date: July 5; 9 p.m. to 11 p.m.

(25) Sheboygan Fourth of Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor, in the vicinity of the July 4; 9 p.m. to 11 p.m. Rain
July Celebration south pier, within the arc of a circle with a 1000-foot radius from the fireworks launch site date: July 5; 9 p.m. to 11 p.m.
Fireworks located in position 4344.917 N., 08741.850 W

(26) Manitowoc Manitowoc, WI. All waters of Lake Michigan and Manitowoc Harbor, in the vicinity of south July 4; 9 p.m. to 11 p.m. Rain
Independence Day breakwater, within the arc of a circle with a 1000-foot radius from the fireworks launch site date: July 5; 9 p.m. to 11 p.m.
Fireworks located in position 4405.395 N., 08738.751 W

(27) Sturgeon Bay Sturgeon Bay, WI. All waters of Sturgeon Bay, in the vicinity of Sunset Park, within the arc July 4; 9 p.m. to 11 p.m. Rain
Independence Day of a circle with a 1000-foot radius from the fireworks launch site located on a barge in date: July 5; 9 p.m. to 11 p.m.
Fireworks position 4450.617 N., 08723.300 W

(28) Fish Creek Fish Creek, WI. All waters of Green Bay, in the vicinity of Fish Creek Harbor, within the arc The first Saturday after July 4; 9
Independence of a circle with a 1000-foot radius from the fireworks launch site located on a barge in p.m. to 11 p.m. Rain date: The
position 4507.867 N., 08714.617 W first Sunday after July 4; 9 p.m.
to 11 p.m.

(29) Fire over the Fox Green Bay, WI. All waters of the Fox River including the mouth of the East River from the July 4; 9 p.m. to 11 p.m. Rain
Fireworks railroad bridge in approximate position 4431.467 N., 08800.633 W. then southwest date: July 5; 9 p.m. to 11 p.m.
to the US 141 bridge in approximate position 4431.102 N., 08800.963 W

(30) Celebrate Green Bay, WI. All waters of the Fox River, including the mouth of the East River from the July 4 from 2:30 p.m. to 4:30
Americafest Ski Show West Walnut Street Bridge in approximate position 4430.912 N., 08801.100 W., then p.m. Rain date: July 5; 2:30 p.m.
northeast to an imaginary line running perpendicularly across the river through coordinate to 4:30 p.m.
4431.337 N., 08800.640 W

(31) Marinette Fourth of Marinette, WI. All waters of the Menominee River, in the vicinity of Stephenson Island, July 4; 9 p.m. to 11 p.m. Rain

636
July Celebration within the arc of a circle with a 900 foot radius from the fireworks launch site in center date: July 5; 9 p.m. to 11 p.m.
Fireworks position 456.232 N., 08737.757 W

(32) Evanston Fourth of Evanston, IL. All waters of Lake Michigan, in the vicinity of Centennial Park Beach, within July 4; 9 p.m. to 11 p.m. Rain
July Fireworks the arc of a circle with a 500-foot radius from the fireworks launch site located in position date: July 5; 9 p.m. to 11 p.m.
4202.933 N., 08740.350 W

(33) Gary Air and Water Gary, IN. All waters of Lake Michigan bounded by a line drawn from 4137.250 N., July 10 thru 14; 8:30 a.m. to 5
Show 08716.763 W.; then east to 4137.440 N., 08713.822 W.; then north to p.m.
4138.017 N., 08713.877 W.; then southwest to 4137.805 N., 08716.767 W.;
then south returning to the point of origin

(34) Annual Trout Kewaunee, WI. All waters of Kewaunee Harbor and Lake Michigan within the arc of a circle Friday of the second complete
Festival Fireworks with a 1000-foot radius from the fireworks launch site located in position 4427.493 N., weekend of July; 9 p.m. to 11
08729.750 W p.m.

(35) Michigan City Michigan City, IN. All waters of Michigan City Harbor and Lake Michigan within the arc of a Sunday of the second complete
Summerfest Fireworks circle with a 1000-foot radius from the fireworks launch site located in position 4143.700 weekend of July; 8:30 p.m. to
N., 08654.617 W 10:30 p.m.

(36) Port Washington Port Washington, WI. All waters of Port Washington Harbor and Lake Michigan, in the The third Saturday of July; 9
Fish Day Fireworks vicinity of the WE Energies coal dock, within the arc of a circle with a 1000-foot radius from p.m. to 11 p.m.
the fireworks launch site located in position 4323.117 N., 08751.900 W

(37) Bay View Lions Club Milwaukee, WI. All waters of Lake Michigan and Milwaukee Harbor, in the vicinity of South Friday, Saturday, and Sunday of
South Shore Frolics Shore Yacht Club, within the arc of a circle with a 900-foot radius from the fireworks launch the second or third weekend of
Fireworks site in position 4259.658 N., 08752.808 W July; 9 p.m. to 11 p.m. each day.

(38) Venetian Festival St. Joseph, MI. All waters of Lake Michigan and the St. Joseph River, near the east end of Saturday of the third complete
Fireworks the south pier, within the arc of a circle with a 1000-foot radius from the fireworks launch weekend of July; 9 p.m. to 11
site located in position 4206.800 N., 08629.250 W p.m.

(39) Joliet Waterway Joliet, IL. All waters of the Des Plaines River, at mile 287.5, within the arc of a circle with a Friday and Saturday of the third
Daze Fireworks 300-foot radius from the fireworks launch site located in position 4131.250 N., complete weekend of July; 9
08805.283 W p.m. to 11 p.m. each day.

(40) EAA Airventure Oshkosh, WI. All waters of Lake Winnebago in the vicinity of Willow Harbor within an area The last complete week of July,
bounded by a line connecting the following coordinates: beginning at 4356.822 N., 088 beginning Monday and ending
29.904 W.; then north approximately 5100 feet to 4357.653 N., 088 29.904 W., Sunday; 8 a.m. to 8 p.m. each
then east approximately 2300 feet to 4357.653 N., 088 29.374 W.; then south to day.
shore at 4356.933 N., 08829.374 W.; then southwest along the shoreline to
4356.822 N., 08829.564 W.; then west returning to the point of origin

(41) Saugatuck Venetian Saugatuck, MI. All waters of Kalamazoo Lake within the arc of a circle with a 500-foot The last Saturday of July; 9 p.m.
Night Fireworks radius from the fireworks launch site located on a barge in position 4239.073 N., to 11 p.m.
08612.285 W

(42) Roma Lodge Italian Racine, WI. All waters of Lake Michigan and Racine Harbor within the arc of a circle with a Friday and Saturday of the last
Festival Fireworks 1000-foot radius from the fireworks launch site located in position 4244.067 N., complete weekend of July; 9
08746.333 W p.m. to 11 p.m.

(43) Chicago Venetian Chicago, IL. All waters of Monroe Harbor and all waters of Lake Michigan bounded by a Saturday of the last weekend of
Night Fireworks line drawn from 4153.050 N., 08736.600 W.; then east to 4153.050 N., July; 9 p.m. to 11 p.m.
08736.350 W.; then south to 4152.450 N., 08736.350 W.; then west to
4152.450 N., 08736.617 W.; then north returning to the point of origin

(44) New Buffalo New Buffalo, MI. All waters of Lake Michigan and New Buffalo Harbor within the arc of a July 3rd or July 5th; 9:30 p.m. to
Business Association circle with a 800-foot radius from the fireworks launch site located in position 4148.153 11:15 p.m.
Fireworks N., 08644.823 W

(45) Start of the Chicago Chicago, IL. All waters of Lake Michigan in the vicinity of the Navy Pier at Chicago IL, July 12; 2 p.m. to 4:30 p.m. and
to Mackinac Race within a rectangle that is approximately 1500 by 900 yards. The rectangle is bounded by July 13; 9 a.m. to 3 p.m.
the coordinates beginning at 4153.252 N., 08735.430 W.; then south to 4152.812
N., 08735.430 W.; then east to 4152.817 N., 08734.433 W.; then north to
4153.250 N., 08734.433 W.; then west, back to point of origin

(46) Fireworks at Pier Milwaukee, WI. All waters of Milwaukee Harbor, including Lakeshore Inlet and the marina Dates and times will be issued
Wisconsin at Pier Wisconsin, within the arc of a circle with a 300-foot radius from the fireworks launch by Notice of Enforcement and
site on Pier Wisconsin located in approximate position 4302.178 N., 08753.625 W Broadcast Notice to Mariners.

(47) Gills Rock Fireworks Gills Rock, WI. All waters of Green Bay near Gills Rock WI within a 1000-foot radius of the July 4; 8:30 p.m. to 10:30 p.m.
launch vessel in approximate position at 4517.470 N., 08701.728 W

(48) City of Menominee Menominee, MI. All waters of Green Bay, in the vicinity of Menominee Marina, within the July 4; 9 p.m. to 11 p.m.
4th of July Celebration arc of a circle with a 900-foot radius from a center position at 4506.417 N.,
Fireworks 08736.024 W

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(49) Miesfeld's Lakeshore Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor within an 800-foot July 26; 9 p.m. to 10 p.m.
Weekend Fireworks radius from the fireworks launch site located at the south pier in approximate position
4344.917 N., 08741.967 W

(50) Marinette Logging Marinette, WI. All waters of the Menominee River, in the vicinity of Stephenson Island, July 13; 9 p.m. to 11 p.m.
and Heritage Festival within the arc of a circle with a 900-foot radius from the fireworks launch site in position
Fireworks 4506.232 N., 08737.757 W

(51) Summer in the City Green Bay, WI. All waters of the Fox River in Green Bay, WI from the Main Street Bridge in Each Wednesday of July through
Water Ski Show position 4431.089 N., 08800.904 W.; then southwest to the Walnut Street Bridge in August; 6 p.m. to 6:30 p.m. and
position 4430.900 N., 08801.091 W 7 p.m. to 7:30 p.m.

(52) Holiday Celebration Kewaunee, WI. All waters of Kewaunee Harbor and Lake Michigan within the arc of a circle July 4; 8:30 p.m. to 10:30 p.m.
Fireworks with a 1000-foot radius from the fireworks launch site located in position 4427.481 N., Rain date: July 5; 8:30 p.m. to
08729.735 W 10:30 p.m.

(53) Independence Day Wilmette, IL. All waters of Lake Michigan and the North Shore Channel within the arc of a July 3; 8:30 p.m. to 10:15 p.m.
Fireworks circle with a 1000-foot radius from the fireworks launch site located at approximate center
position 4204.674 N., 08740.856 W

(f) August Safety Zones

(1) Michigan Super Boat Michigan City, IN. All waters of Lake Michigan bounded by a rectangle drawn from The first Sunday of August; 9
Grand Prix 4143.655 N., 08654.550 W.; then northeast to 4144.808 N., 08651.293 W., a.m. to 4 p.m. Rain date: The
then northwest to 4145.195 N., 08651.757 W.; then southwest to 4144.063 N., first Saturday of August; 9 a.m.
08654.873 W.; then southeast returning to the point of origin to 4 p.m.

(2) Milwaukee Air and Milwaukee, WI. All waters and adjacent shoreline of Lake Michigan in the vicinity of July 31 thru August 4; 8:30 a.m.
Water Show McKinley Park located within an area that is approximately 4800 by 1250 yards. The area to 5 p.m.
will be bounded by the points beginning at 4302.450 N., 08752.850 W.; then
southeast to 4302.230 N., 08752.061 W.; then northeast to 4304.543 N.,
08750.801 W.; then northwest to 4304.757 N., 08751.512 W.; then southwest
returning to the point of origin

(3) Port Washington Port Washington, WI. All waters of Port Washington Harbor and Lake Michigan, in the Saturday of the last complete
Maritime Heritage vicinity of the WE Energies coal dock, within the arc of a circle with a 1000-foot radius from weekend of July or the second
Festival Fireworks the fireworks launch site located in position 4323.117 N., 08751.900 W weekend of August; 9 p.m. to 11
p.m.

(4) Grand Haven Coast Grand Haven, MI. All waters of the Grand River within the arc of a circle with a 600-foot First weekend of August; 9 p.m.
Guard Festival Fireworks radius from the fireworks launch site located on the west bank of the Grand River in to 11 p.m.
position 4303.907 N., 08614.247 W

(5) Sturgeon Bay Yacht Sturgeon Bay, WI. All waters of Sturgeon Bay within the arc of a circle with a 280-foot The first Saturday of August; 8
Club Evening on the Bay radius from the fireworks launch site located on a barge in approximate position p.m. to 10 p.m.
Fireworks 4449.310 N., 08721.370 W

(6) Hammond Marina Hammond, IN. All waters of Hammond Marina and Lake Michigan within the arc of a circle The first Saturday of August; 9
Venetian Night Fireworks with a 1000-foot radius from the fireworks launch site located in position 4141.883 N., p.m. to 11 p.m.
08730.717 W

(7) North Point Marina Winthrop Harbor, IL. All waters of Lake Michigan within the arc of a circle with a 1000-foot The second Saturday of August;
Venetian Festival radius from the fireworks launch site located in position 4228.917 N., 08747.933 W 9 p.m. to 11 p.m.
Fireworks

(8) Waterfront Festival Menominee, MI. All waters of Green Bay, in the vicinity of Menominee Marina, within the August 3; 9 p.m. to 11 p.m.
Fireworks arc of a circle with a 1000-foot radius from a center position at 4506.447 N.,
08735.991 W

(9) Ottawa Riverfest Ottawa, IL. All waters of the Illinois River, at mile 239.7, within the arc of a circle with a The first Sunday of August; 9
Fireworks 300-foot radius from the fireworks launch site located in position 4120.483 N., p.m. to 11 p.m.
08851.333 W

(10) Chicago Air and Chicago, IL. All waters and adjacent shoreline of Lake Michigan and Chicago Harbor August 14 thru 18; 8:30 a.m. to 5
Water Show bounded by a line drawn from 4155.900 N. at the shoreline, then east to 4155.900 p.m.
N., 08737.200 W., then southeast to 4154.000 N., 08736.000 W., then
southwestward to the northeast corner of the Jardine Water Filtration Plant, then due west
to the shore

(11) Pentwater Pentwater, MI. All waters of Lake Michigan and the Pentwater Channel within the arc of a Saturday following the second
Homecoming Fireworks circle with a 1000-foot radius from the fireworks launch site located in position 4346.942 Thursday of August; 9 p.m. to 11
N., 08626.633 W p.m.

(12) Chicago Match Cup Chicago, IL. All waters of Chicago Harbor in the vicinity of Navy Pier and the Chicago August 6 thru 11; 8 a.m. to 8
Race Harbor break wall bounded by coordinates beginning at 4153.617 N., 08735.433 W.; p.m.
then south to 4153.400 N., 08735.433 W.; then west to 4153.400 N.,

638
08735.917 W.; then north to 4153.617 N., 08735.917 W.; then back to point of
origin

(13) New Buffalo Ship New Buffalo, MI. All waters of Lake Michigan and New Buffalo Harbor within the arc of a August 10; 9:30 p.m. to 11:15
and Shore Fireworks circle with a 800-foot radius from the fireworks launch site located in position 4148.150 p.m.
N., 08644.817 W

(14) Sister Bay Sister Bay, WI. All waters of Sister Bay within an 800-foot radius of position 4511.585 August 31; 1 p.m. to 3:15 p.m.
Marinafest Ski Show N., 08707.392 W

(15) Sister Bay Sister Bay, WI. All waters of Sister Bay within an 800-foot radius of the launch vessel in August 31; 8:15 p.m. to 10 p.m.
Marinafest Fireworks approximate position 4511.585 N., 08707.392 W

(16) Vessel Launch at Marinette, WI. All waters of the Menominee River in the vicinity of Marinette Marine This zone will be enforced when
Marinette Marine Corporation, from the Bridge Street Bridge located in position 4506.188 N., a vessel is launched by issue of
08737.583 W., then approximately .95 NM south east to a line crossing the river Notice of Enforcement and
perpendicularly passing through positions 4505.881 N., 08736.281 W., and Marine Broadcast.
4505.725 N., 08736.385 W

(17) Fireworks Display Winnetka, IL. All waters of Lake Michigan within the arc of a circle with a 900-foot radius Third Saturday of August; 9:15
from a center point barge located in approximate position 4206.402 N., 08743.115 W p.m. to 10:30 p.m.

(18) Algoma Shanty Days Algoma, WI. All waters of Lake Michigan and Algoma Harbor within the arc of a circle with Sunday of the second complete
Fireworks a 1000-foot radius from the fireworks launch site located in a center position of weekend of August; 9 p.m. to 11
4436.400 N., 08725.900 W p.m.

(g) September Safety Zones

(1) ISAF Nations Cup Sheboygan, WI. All waters of Lake Michigan and Sheboygan Harbor, in the vicinity of the September 13; 7:45 p.m. to 8:45
Grand Final Fireworks south pier in Sheboygan Wisconsin, within a 500 foot radius from the fireworks launch site p.m.
Display located on land in position 4344.917 N., 08741.850 W

(h) November Safety Zones

(1) Downtown Milwaukee Milwaukee, WI. All waters of the Milwaukee River in the vicinity of the State Street Bridge The third Thursday of November;
Fireworks within the arc of a circle with a 300-foot radius from a center point fireworks launch site in 6 p.m. to 8 p.m.
approximate position 4302.559 N., 08754.749 W

(2) Magnificent Mile Chicago, IL. All waters and adjacent shoreline of the Chicago River bounded by the arc of The third weekend in November;
Fireworks Display the circle with a 210-foot radius from the fireworks launch site with its center in sunset to termination of display.
approximate position of 4153.350 N., 08737.400 W

(i) December Safety Zones

(1) New Years Eve Chicago, IL. All waters of Monroe Harbor and Lake Michigan within the arc of a circle with December 31; 11 p.m. to
Fireworks a 1000-foot radius from the fireworks launch site located on a barge in approximate January 1 at 1 a.m.
position 4152.683 N., 08736.617 W
1
All coordinates listed in Table 165.929 reference Datum NAD 1983.
2
As noted in paragraph (a)(3) of this section, the enforcement dates and times for each of the listed safety zones are subject to change.

[USCG-2014-1001, 80 FR 8538, Feb. 18, 2015]

639
165.930 Safety Zone, Brandon Road Lock and Dam to Lake provides as much notice to the public as possible. The primary
Michigan including Des Plaines River, Chicago Sanitary and method of notification will be through publication in the Federal
Ship Canal, Chicago River, and Calumet-Saganashkee Register. The Captain of the Port, Sector Lake Michigan, will also
Channel, Chicago, IL. provide notice through other means, such as Broadcast Notice to
(a) Location. The safety zone consists of the following areas: Mariners, local Notice to Mariners, local news media, distribution
in leaflet form, and on-scene oral notice. Additionally, the Captain
(1) Des Plaines River. All U.S. waters of the Des Plaines River of the Port, Sector Lake Michigan, may notify representatives
located between mile marker 286.0 (Brandon Road Lock and from the maritime industry through telephonic and email
Dam) and mile marker 290.0 (point at which the Des Plaines notifications.
River connects with the Chicago Sanitary and Ship Canal).
(d) Regulations.
(2) Chicago Sanitary and Ship Canal. All U.S. waters of the
Chicago Sanitary and Ship Canal between mile marker 290.0 (1) In accordance with the general regulations in 165.23 of this
(point at which the Chicago Sanitary and Ship Canal connects to part, entry into, transiting, mooring, laying up, or anchoring within
the Des Plaines River) and mile marker 321.8 (point at which the any enforced segment of the safety zone is prohibited unless
Chicago Sanitary and Ship Canal Connects to the South Branch authorized by the Captain of the Port, Sector Lake Michigan, or
Chicago River). his or her designated representative.

(3) South Branch Chicago River. All U.S. waters of the South (2) The "designated representative" of the Captain of the Port,
Branch Chicago River between mile marker 321.8 (point at which Sector Lake Michigan, is any Coast Guard commissioned,
the South Branch Chicago River connects to the Chicago Sanitary warrant or petty officer who has been designated by the Captain
and Ship Canal) and mile marker 325.6 (point at which the South of the Port, Sector Lake Michigan, to act on his or her behalf. The
Branch Chicago River connects to the Chicago River (Main designated representative of the Captain of the Port, Sector Lake
Branch) and North Branch Chicago River). Michigan, will be aboard a Coast Guard, Coast Guard Auxiliary, or
other designated vessel or will be on shore and will communicate
(4) Chicago River (Main Branch). All U.S. waters of the Chicago with vessels via VHF radio, loudhailer, or by phone. The Captain
River (Main Branch) between mile marker 325.6 (point at which of the Port, Sector Lake Michigan, or his or her designated
the Chicago River connects to the South Branch Chicago River) representative may be contacted via VHF radio Channel 16 or the
and 100 yards extending past the end of the Chicago River Coast Guard Sector Lake Michigan Command Center at 414-747-
covering the area of the Federal channel within Chicago Harbor. 7182.

(5) North Branch Chicago River. All U.S. waters of the North (3) To obtain permission to enter or operate within an enforced
Branch Chicago River between mile marker 325.6 (point at which segment of the safety zone established by this section, Vessel
the North Branch Chicago River connects to the Chicago River operators must contact the Captain of the Port, Sector Lake
(Main Branch) and the South Branch Chicago River) and mile Michigan, or his or her designated representative. Vessel
marker 331.4 (end of navigation channel). operators given permission to operate in an enforced segment of
the safety zone must comply with all directions given to them by
(6) Calumet-Saganashkee Channel. All U.S. waters of the the Captain of the Port, Sector Lake Michigan, or his or her
Calumet-Saganashkee Channel between mile marker 303.5 designated representative.
(point at which the Calumet-Saganashkee Channel connects to
the Chicago Sanitary and Ship Canal) and mile marker 333.0; all (4) When a segment of the safety zone is being enforced, it will be
U.S. waters of the Calumet-Saganashkee Channel between mile closed to all vessel traffic, except as may be permitted by the
marker 333.0 and Lake Michigan (Calumet Harbor). Captain of the Port, Sector Lake Michigan, or his or her
designated representative. As soon as operations permit, the
(b) Effective Period. This rule is effective July 18, 2011. Captain of the Port, Sector Lake Michigan, will issue a notice of
suspension of enforcement as specified in paragraph (c) of this
(c) Enforcement. section.

(1) The Captain of the Port, Sector Lake Michigan, may enforce (5) All persons entering any enforced segment of the safety zone
this safety zone in whole, in segments, or by any combination of established in this section are advised that they do so at their own
segments. The Captain of the Port, Sector Lake Michigan, may risk.
suspend the enforcement of any segment of this safety zone for
which notice of enforcement had been given. [USCG-2011-0228, 76 FR 35109, June 16, 2011]

(2) The safety zone established by this section will be enforced, 165.1101 Security Zone: San Diego Bay, CA.
pursuant to paragraph (c)(1) of this section, only upon notice by (a) Location. The following area is a security zone: the water
the Captain of the Port, Sector Lake Michigan. Suspension of any area within Naval Station, San Diego enclosed by the following
previously announced period of enforcement will also be provided points: Beginning at 3241'16.5" N, 11708'01" W (Point A);
by the Captain of the Port, Sector Lake Michigan. All notices of thence running southwesterly to 3240'58.3" N, 11708'11.0" W
enforcement and notices of suspension of enforcement will clearly (Point B); to 3240'36.0" N 11707'49.1" W (Point C); to
describe any segments of the safety zone affected by the notice. 3240'17.0' N, 11707'34.6" W (Point D); to 3239'36.4" N,
At a minimum, notices of enforcement and notices of suspension 11707'24.8" W (Point E); to 3239'38.5" N 11707'06.5" W, (Point
of enforcement will identify any affected segments by reference to F); thence running generally northwesterly along the shoreline of
mile markers. When possible, the Captain of the Port, Sector the Naval Station to the place of the beginning. All coordinates
Lake Michigan, will also identify enforced segments of this safety referenced use datum: NAD 1983.
zone by referencing readily identifiable geographical points. In
addition to providing the geographical bounds of any enforced (b) Regulations.
segment of this safety zone, notices of enforcement will also
provide the date(s) and time(s) at which enforcement will (1) In accordance with the general regulations in 165.33 of this
commence or suspend. part, entry into the area of this zone is prohibited unless
authorized by the Captain of the Port San Diego; Commander,
(3) The Captain of the Port, Sector Lake Michigan, will publish Naval Base San Diego; Commander, Navy Region Southwest; or
notices of enforcement and notices of suspension of enforcement the Commanding Officer, Naval Station, San Diego.
in accordance with 33 CFR 165.7(a) and in a manner that

640
(2) Persons desiring to transit the area of the security zone may enforcement agencies.
contact the Captain of the Port at telephone number 619-683-
6495 or on VHF channel 16 (156.8 MHz) to seek permission to [USCG-2013-0580, 78 FR 72027, Dec. 2, 2013]
transit the area. If permission is granted, all persons and vessels
must comply with the instructions of the Captain of the Port or his 165.1103 Security Zone; Naval Mine Anti Submarine Warfare
or her designated representative. Command; San Diego Bay, San Diego, CA.
(a) Location.
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191,
the authority for this section includes 33 U.S.C. 1226. (1) The following area is a security zone: The water adjacent to
the Naval Mine Anti Submarine Warfare Command, bound by the
(d) Enforcement. The U.S. Coast Guard may be assisted in the following coordinates:
patrol and enforcement of this security zone by the U.S. Navy.
3243'40.9" N, 11712'54.9" W (A)
[COTP San Diego 04-019, 70 FR 2021, Jan. 12, 2005]
3243'40.6" N, 11712'52.3" W (B)
165.1102 Security Zone; Naval Base Point Loma; San Diego
Bay, CA. 3243'22.5" N, 11712'57.8" W (C)
(a) Location. The following area is a security zone: The water
adjacent to the Naval Base Point Loma, San Diego, CA, enclosed 3243'23.4" N, 11713'01.3" W (D)
by the following coordinates:
Thence running generally northwest along the shoreline to Point A.
324228.8 N, 1171413.2 W (Point A)
324228.8 N, 1171412.6 W (Point B) (2) The proposed security zone at the Naval Mine Anti Submarine
324210.2 N, 1171403.0 W (Point C) Warfare Command would be established to provide for the 100
feet of standoff distance.
324206.2 N, 1171401.5 W (Point D)
324149.5 N, 1171407.0 W (Point E) (b) Regulations.
324147.4 N, 1171411.4 W (Point F)
324143.8 N, 1171412.6 W (Point G) (1) The general regulations governing security zones found in 33
324131.8 N, 1171413.8 W (Point H) CFR 165.33 apply to the security zone described in paragraph (a)
324133.0 N, 1171401.2 W (Point I) of this section.
324110.2 N, 1171357.0 W (Point J)
324110.2 N, 1171358.2 W (Point K) (2) Entry into, or remaining in, the areas of either zone is
prohibited unless authorized by the Captain of the Port San Diego;
Thence running generally north along the shoreline to Point A. Commanding Officer, Naval Mine Anti Submarine Warfare
Command; or Commander, Naval Region Southwest.
(b) Regulations.
(3) Persons desiring to transit the area of the security zone may
(1) The general regulations governing security zones found in 33 request permission from the Captain of the Port San Diego at
CFR 165.33 apply to the security zone described in paragraph (a) telephone number (619) 278-7033 or on VHF channel 16 (156.8
of this section. MHz) or from either the Commanding Officer, Naval Mine Anti
Submarine Warfare Command or the Commander, Navy Region
(2) Entry into, or remaining in, the areas of either zone is Southwest by calling the Navy Port Operation Dispatch at
prohibited unless authorized by the Captain of the Port San Diego; telephone number (619) 556-1433 or on VHF-FM channels 16 or
Commanding Officer, Naval Base Point Loma; or Commander, 12. If permission is granted, all persons and vessels must comply
Naval Region Southwest. with the instructions of the Captain of the Port San Diego or his or
her designated representative.
(3) Persons desiring to transit the area of the security zone may
request permission from the Captain of the Port San Diego at (c) Definitions. For purposes of this section: Captain of the Port
telephone number (619) 278-7033 or on VHF channel 16 (156.8 San Diego, means the Commanding Officer of the Coast Guard
MHz) or from either the Commanding Officer, Naval Base Point Sector San Diego; Commander, Navy Region Southwest, means
Loma or the Commanding Officer Navy Region Southwest by Navy Region Commander responsible for the Southwest Region;
calling the Navy Port Operation Dispatch at telephone number Commanding Officer, Naval Mine Anti Submarine Warfare
(619) 556-1433 or on VHF-FM channels 16 or 12. If permission is Command, means the Installation Commander of the naval base
granted, all persons and vessels must comply with the located on Point Loma, San Diego, California; Designated
instructions of the Captain of the Port San Diego or his or her Representative, means any U.S. Coast Guard commissioned,
designated representative. warrant, or petty officer who has been designated by the Captain
of the Port San Diego to assist in the enforcement of the security
(c) Definitions. For purposes of this section: Captain of the Port zone described in paragraph (a) of this section.
San Diego, means the Commanding Officer of the Coast Guard
Sector San Diego; Commander, Navy Region Southwest, means (d) Enforcement. The U.S. Coast Guard may be assisted in the
Navy Region Commander responsible for the Southwest Region; patrol and enforcement of the security zone described in
Commanding Officer, Naval Base Point Loma, means the paragraph (a) of this section by the U.S. Navy and local law
Installation Commander of the naval base located on Point Loma, enforcement agencies.
San Diego, California; Designated Representative, means any
U.S. Coast Guard commissioned, warrant, or petty officer who [FR Doc. 2013-28035 Filed 11-29-13; 8:45 am]
has been designated by the Captain of the Port San Diego to
assist in the enforcement of the security zone described in 165.1104 Security Zone: San Diego Bay, CA.
paragraph (a) of this section. (a) Location. The following area is a security zone: on the waters
along the northern shoreline of Naval Base Coronado, the area
(d) Enforcement. The U.S. Coast Guard may be assisted in the enclosed by the following points: Beginning at 324253.0 N,
patrol and enforcement of the security zone described in 1171145.0 W (Point A); thence running northerly to 3242
paragraph (a) of this section by the U.S. Navy and local law 55.5 N, 1171145.0 W, (Point B); thence running easterly

641
to 324257.0 N, 1171131.0 W, (Point C); thence 59.5 W (point E); thence generally easterly along the air station
southeasterly to 324242.0 N, 1171104.0 W (Point D); boundary to the point of beginning (point A).
thence southeasterly to 324221.0 N, 1171047.0 W
(Point E) thence running southerly to 324213.0 N, 117 (b)(1) In accordance with the general regulations in 165.23 of
this part, entry into the area of this zone is prohibited unless
1051.0 W (Point F); thence running generally northwesterly
authorized by the Captain of the Port, except as provided for
along the shoreline of Naval Base Coronado to the place of
below.
beginning. All coordinates referenced use datum: NAD 1983.
(2) Vessels may transit the area of this safety zone without
(b) Regulations.
permission, but may not anchor, stop, remain within the zone, or
approach within 100 yards (92 meters) of the land area of Coast
(1) In accordance with the general regulations in Sec. 165.33 of
Guard Air Station San Diego or structures attached thereto.
this part, entry into the area of this zone is prohibited unless
authorized by the Captain of the Port San Diego; Commander,
[CGD 85-034, 50 FR 14703, Apr. 15, 1985 and COTP San Diego
Naval Base Coronado, or Commander, Navy Region Southwest.
Reg. 85-06, 50 FR 38003, Sept. 19, 1985. Redesignated by
USCG-2001-9286, 66 FR 33642, June 25, 2001]
(2) Persons desiring to transit the area of the security zone may
contact the Captain of the Port at telephone number 619-683-
165.1107 San Diego Bay, California.
6495 or on VHF channel 16 (156.8 MHz) to seek permission to
(a) Location. The area encompassed by the following geographic
transit the area. If permission is granted, all persons and vessels
coordinates is a regulated navigation area:
must comply with the instructions of the Captain of the Port or his
or her designated representative.
324124.6 N 1171421.9 W
(c) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191,
the authority for this section includes 33 U.S.C. 1226. 324134.2 N 1171358.5 W

324134.2 N 1171337.2 W
(d) Enforcement. The U.S. Coast Guard may be assisted in the
patrol and enforcement of this security zone by the U.S. Navy. Thence south along the shoreline to

[COTP San Diego, 68 FR 25290, May 12, 2003] 324111.2 N 1171331.3 W

165.1105 Security Zone: San Diego Bay, California. 324111.2 N 1171358.5 W


(a) Location.
Thence north along the shoreline to the point of origin.
(1) The following area is a security zone: The water area Datum: NAD 1983.
adjacent to Naval Air Station North Island, Coronado, California,
and within 100 yards (91 meters) of Bravo Pier, and vessels (b) Regulations.
moored thereto, bounded by the following points (when no vessel
is moored at the pier): (1) During submarine docking/undocking operations at the U.S.
Naval Submarine Base on Ballast Point, San Diego Bay,
(i) Latitude 324153.0 N, Longitude 1171333.6 W; California, mariners transiting within the regulated navigation area
shall proceed at a speed that generates no wake from their vessel.
(ii) Latitude 324153.0 N, Longitude 1171340.6 W;
(2) The Coast Guard will issue a Broadcast Notice to Mariners,
(iii) Latitude 324134.0 N, Longitude 1171340.6 W; and if time permits a Local Notice to Mariners, to inform the
maritime community of the dates and times of the submarine
docking/undocking operations covered by paragraph (b)(1).
(iv) Latitude 324134.0 N, Longitude 1171334.1 W.
(3) The master and/or operator of a vessel within the regulated
(2) Because the area of this security zone is measured from the
navigation area shall comply with any other orders or directions
pier and from vessels moored thereto, the actual area of this
issued by the Coast Guard as required for the safety of the
security zone will be larger when a vessel is moored at Bravo Pier.
submarine docking/undocking operations covered by paragraph
(b)(1).
(b) Regulations. In accordance with the general regulations in
165.33 of this part, entry into the area of this zone is prohibited
[CGD11-90-07, 56 FR 14645, Apr. 11, 1991; 56 FR 40360, Aug.
unless authorized by the Captain of the Port or the Commanding
14, 1991, as amended by USCG-1998-3799, 63 FR 35533, June
Officer, Naval Air Station North Island. Section 165.33 also
30, 1998. Redesignated by USCG-2001-9286, 66 FR 33642,
contains other general requirements.
June 25, 2001]
[COTP San Diego Reg. 85-11, 51 FR 3776, Jan. 30, 1986, as
165.1108 Security Zones; Cruise Ships, Port Of San Diego,
amended at 52 FR 8893, Mar. 20, 1987. Redesignated by USCG-
California.
2001-9286, 66 FR 33642, June 25, 2001]
(a) Definition.
165.1106 San Diego Bay, California-Safety Zone.
Cruise ship as used in this section means a passenger vessel,
(a) The waters of San Diego Bay enclosed by the following
except for a ferry, 100 gross tons or more, authorized to carry
boundaries are a safety zone:From a point located on the
more than 12 passengers for hire; capable of making international
boundary of Coast Guard Air Station San Diego, California at
voyages lasting more than 24 hours, any part of which is on the
latitude 324337.2 N, longitude 1171045.0 W (point high seas; and for which passengers are embarked, disembarked
A), for a point of beginning; thence southeasterly to latitude 32 or at a port of call in the San Diego port.
4336.2 N, longitude 1171041.5 W (point B); thence
southwesterly to latitude 324320.2 N, longitude 11710 (b) Location. The following areas are security zones: All
49.5 W (point C); thence northwesterly to latitude 3243 navigable waters, extending from the surface to the sea floor,
25.7 N, longitude 117 11 04.6 W (point D); thence within a 100-yard radius around any cruise ship that is located
northeasterly to latitude 324335.7 N, longitude 11710 within the San Diego port area landward of the sea buoys

642
bounding the Port of San Diego. 165.1121 [Removed and Reserved]

(c) Regulations. Under regulations in 33 CFR part 165, subpart D, 165.1122 San Diego Bay, Mission Bay and their
a person or vessel may not enter into or remain in the security Approaches-Regulated navigation area.
zones created by this section unless authorized by the Coast (a) Regulated navigation area. The following area is a regulated
Guard Captain of the Port, San Diego (COTP) or a COTP navigation area (RNA): All waters of San Diego Bay, Mission Bay,
designated representative. Persons desiring to transit these and their approaches encompassed by a line commencing at
security zones may contact the COTP at telephone number (619) Point La Jolla (3251'06" N, 11716'42" W); thence proceeding
278-7033 or on VHF-FM channel 16 (156.8 MHz) to seek seaward on a line bearing 255 T to the outermost extent of the
permission to transit the area. If permission is granted, all persons territorial seas; thence proceeding southerly along the outermost
and vessels must comply with the instructions of the Captain of extent of the territorial seas to the intersection of the maritime
the Port or his or her designated representative. boundary with Mexico; thence proceeding easterly, along the
maritime boundary with Mexico to its intersection with the
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191, California coast; thence proceeding northerly, along the shoreline
the authority for this section includes 33 U.S.C. 1226. of the California coast-and including the inland waters of San
Diego Bay and Mission Bay, California, shoreward of the
(e) Enforcement. The U.S. Coast Guard may be assisted in the COLREGS Demarcation Line -back to the point of origin. All
patrol and enforcement of the security zones by the San Diego coordinates reference 1983 North American Datum (NAD 83).
Harbor Police.
(b) Definitions. As used in this section-
[COTP San Diego 02-026, 68 FR 1008, Jan. 8, 2003, as
amended by USCG-2011-0038, 76 FR 15218, Mar. 21, 2011] COLREGS Demarcation Line means the line described at 33
CFR 80.1104 or 80.1106.
165.1110 Safety Zone: Los Angeles Harbor-San Pedro Bay,
CA Public vessel means a vessel that is owned or demise-(bareboat)
(a) Location. All navigable waters of San Diego Bay, from the chartered by the government of the United States, by a State or
surface to the sea floor, within 25 yards of all piers, abutments, local government, or by the government of a foreign country and
fenders and pilings of the Coronado Bay Bridge. These security that is not engaged in commercial service.
zones will not restrict the main navigational channel nor will it
restrict vessels from transiting through the channel. Vessel means every description of watercraft or other artificial
contrivance used, or capable of being used, as a means of
(b) Regulations. transportation on water other than a public vessel.

(1) Under 165.33, entry into, transit through, loitering, or (c) Applicability. This section applies to all vessels of 100 gross
anchoring within any of these security zones by all persons and tons (GT) or more, including tug and barge combinations of 100
vessels is prohibited, unless authorized by the Captain of the Port, GT or more (combined), operating within the RNA, with the
or his designated representative. Mariners seeking permission to exception of public vessels, vessels not intending to cross the
transit through a security zone may request authorization to do so COLREGS Demarcation Line and enter San Diego Bay or
from Captain of the Port or his designated representative. The Mission Bay, and any vessels exercising rights under principles of
Coast Guard can be contacted on San Diego Bay via VHF-FM international law, including innocent passage or force majeure,
channel 16. within the area of this RNA. Vessels operating properly installed,
operational, type approved automatic identification system (AIS)
(2) Vessels may enter a security zone if it is necessary for safe as denoted in 33 CFR 164.46 are exempted from making
navigation and circumstances do not allow sufficient time to requests as required in this regulation.
obtain permission from the Captain of the Port.
(d) Regulations.
[COTP San Diego 04-015, 69 FR 43915, July 23, 2004]
(1) No vessel to which this rule applies may enter, depart or move
165.1120 Security Zone; Naval Amphibious Base, San Diego, within San Diego Bay or Mission Bay unless it complies with the
CA. following requirements:
(a) Location. The following area is a security zone: the waters of
San Diego Bay, enclosed by lines connecting the following points: (i) Obtain permission to enter San Diego Bay or Mission Bay from
Beginning at 3240'30.0" N, 11710'03.0" W (Point A); thence the Captain of the Port or designated representative immediately
running northeasterly to 3240'54.0" N, 11709'35.5" W (Point B); upon entering the RNA. However, to avoid potential delays, we
thence running northeasterly to 3240'55.0" N, 11709'27.0" W recommend seeking permission 30 minutes prior to entering the
(Point C); thence running southeasterly to 3240'43.0" N, RNA.
11709'09.0" W (Point D); thence running southerly to 3240'39.0"
N, 11709'08.0" (Point E); thence running southwesterly to (ii) Follow all instructions issued by the Captain of the Port or
3240'30.0" N, 11709'12.9" W (Point F); thence running a short designated representative.
distance to 3240'29.0" N, 11709'14.0" W (Point G); thence
running southwesterly to 3240'26.0" N, 11709'17.0" W (Point H); (iii) Obtain permission for any departure from or movement within
thence running northwesterly to the shoreline to 3240' 31.0" N, the RNA from the Captain of the Port or designated
11709' 22.5" W (Point I), thence running along the shoreline to representative prior to getting underway.
the beginning point.
(iv) Follow all instructions issued by the Captain of the Port or
(b) Regulations. In accordance with the general regulations in designated representative.
165.33 of this part, entry into the area of this zone is prohibited
unless authorized by the Captain of the Port or the Commander, (v) Requests may be made by telephone at 619-278-7033 (select
Navy Region Southwest. option 2) or via VHF-FM radiotelephone on channel 16 (156.800
Mhz). The call sign for radiotelephone requests to the Captain of
(c) Enforcement. The U.S. Coast Guard may be assisted in the the Port or designated representative is "Coast Guard Sector San
patrol and enforcement of this security zone by the U.S. Navy. Diego."

[67 FR 4660, Jan. 31, 2002] (2) For purposes of the requirements in paragraph (d)(1) of this

643
section, the Captain of the Port or designated representative (1) No spectator shall anchor, block, loiter, nor impede the
means any official designated by the Captain of the Port, through transit of participants or official patrol vessels in the safety
including but not limited to commissioned, warrant, and petty zone during all applicable effective dates and times unless
officers of the U.S. Coast Guard, and any U.S. Coast Guard patrol cleared to do so by or through an official patrol vessel.
vessel. Upon being hailed by a U.S. Coast Guard vessel by siren,
radio, flashing light, or other means, the operator of a vessel shall (2) When hailed and/or signaled by an official patrol vessel, any
proceed as directed. spectator located within a safety zone during all applicable
effective dates and times shall come to an immediate stop.
(e) Waivers. The Captain of the Port or designated representative
may, upon request, waive any regulation in this section. (3) The Patrol Commander (PATCOM) is empowered to forbid
and control the movement of all vessels in the safety zone. The
[CGD11-05-002, 70 FR 70495, November 22, 2005] Patrol Commander shall be designated by the cognizant Coast
Guard Sector Commander; will be a U.S. Coast Guard
165.1123 Southern California Annual Firework Events for commissioned officer, warrant officer, or petty officer to act as the
the San Diego Captain of the Port Zone. Sector Commander's official representative. As the Sector
(a) General. Safety zones are established for the events listed in Commander's representative, the PATCOM may terminate the
Table 1 of this section. Further information on exact dates, times, event any time it is deemed necessary for the protection of life
and other details concerning the exact geographical description of and property. PATCOM may be reached on VHF-FM Channel 13
the areas are published by the Eleventh Coast Guard District in (156.65MHz) or 16 (156.8MHz) when required, by the call sign
the Local Notice to Mariners at least 20 days prior to the event. PATCOM.

(b) Regulations. All persons and vessels not registered with the (4) The Patrol Commander may, upon request, allow the transit of
sponsor as participants or as official patrol vessels are considered vessels through the safety zone when it is safe to do so.
spectators. The official patrol consists of any Coast Guard; other
Federal, state, or local law enforcement; and any public or (5) The Coast Guard may be assisted by other Federal, state, or
sponsor-provided vessels assigned or approved by the cognizant local agencies
Coast Guard Sector Commander to patrol each event.

TABLE 1 TO 165.1123
[All coordinates referenced use datum NAD 83.]

1. San Diego, CA POPS Fireworks Display

Sponsor San Diego Symphony

Event Description Fireworks Display.

Date Friday/Saturday/Sunday last weekend of June through first weekend of September.

Location San Diego Bay South Embarcadero, San Diego, CA

Regulated Area 800-foot radius safety zone around tug/barge combination located at approximately: 324216 N, 1170959 W.

2. Fourth of July Fireworks, Mission Bay

Sponsor Mission Bay Yacht Club

Event Description Fireworks Display.

Date One evening; the first week in July.

Location Mission Bay, San Diego, CA.

Regulated Area 800-foot radius safety zone around tug/barge combination located at approximately 324700 N, 1171445 W.

3. Coronado Glorietta Bay Fourth of July Fireworks

Sponsor Coronado, CA.

Event Description Fireworks Display.

Date One evening; the first week in July.

Location Glorietta Bay, CA.

Regulated Area 800-foot radius safety zone around a tug/barge combination located at approximately: 324043 N, 1171014 W.

4. San Diego Parade of Lights Fireworks Display

Sponsor Greater Shelter Island Association.

Event Description Boat Parade/Fireworks display.

Date Two evenings in December.

Location San Diego Harbor, San Diego, CA.

644
Regulated Area 800-foot radius safety zone around a tug/barge combination in the northern portion of the San Diego Main Ship
Channel off of Harbor Island located at approximately: 324325 N, 1171150 W. (Note: see also 33 CFR 100.1101,
Table 1, for related marine event).

5. Big Bay Boom Fourth of July Fireworks

Sponsor Port of San Diego.

Event Description Fireworks Display.

Date One evening; first week in July

Location San Diego Bay, San Diego, CA.

Regulated Area 1000-foot radius safety zone around four tug/barge combinations located at approximately: Shelter Island Barge:
324248 N, 1171312 W; Harbor Island Barge: 324300 N, 1171200 W; Embarcadero Barge: 324245 N,
1171047 W; Seaport Village Barge: 324202 N, 1171000 W.

6. MIDWAY Fireworks

Sponsor USS MIDWAY Association.

Event Description Fireworks Display.

Date Evening shows throughout the year.

Location San Diego Bay off the USS MIDWAY, San Diego, CA.

Regulated Area 800-foot radius safety zone around either the tug/barge combination immediately to the west of the USS MIDWAY
located at approximately: 324246 N, 1171047 W or off of the western end of the flight deck of the USS MIDWAY.

7. Sea World Fireworks

Sponsor Sea World.

Event Description Fireworks Display.

Date Nightly; between Memorial Day and Labor Day. Approximately 10 evening shows between Labor Day and Memorial
Day, primarily on weekend evenings. Between Thanksgiving and New Year's Day as conditions allow.

Location Mission Bay/Fiesta Island, San Diego, CA.

Regulated Area 800-foot radius safety zone around a tug/barge combination located at approximately: 324603 N, 1171311 W.
[USCG-2009-0559, 76 FR 50671, Aug. 16, 2011, as amended by USCG-2013-0362, 79 FR 9091, Feb. 18, 2014]

165.1125 Southern California Annual Firework Events for spectator located within a safety zone during all applicable
the Los Angeles Long Beach Captain of the Port zone. effective dates and times shall come to an immediate stop.
(a) General. Safety zones are established for the events listed in
Table 1 of this section. Further information on exact dates, times, (3) The Patrol Commander (PATCOM) is empowered to forbid
and other details concerning the exact geographical description of and control the movement of all vessels in the safety zone. The
the areas are published by the Eleventh Coast Guard District in Patrol Commander shall be designated by the cognizant Coast
the Local Notice to Mariners at least 20 days prior to the event. Guard Sector Commander; will be a U.S. Coast Guard
commissioned officer, warrant officer, or petty officer to act as the
(b) Regulations. All persons and vessels not registered with the Sector Commander's official representative; and will be located
sponsor as participants or as official patrol vessels are considered aboard the lead official patrol vessel. As the Sector Commander's
spectators. The "official patrol" consists of any Coast Guard; other representative, the PATCOM may terminate the event any time it
Federal, state, or local law enforcement; and any public or is deemed necessary for the protection of life and property.
sponsor-provided vessels assigned or approved by the cognizant PATCOM may be reached on VHF-FM Channel 13 (156.65MHz)
Coast Guard Sector Commander to patrol each event. or 16 (156.8MHz) when required, by the call sign "PATCOM".

(1) No spectator shall anchor, block, loiter, nor impede the (4) The Patrol Commander may, upon request, allow the transit of
through transit of participants or official patrol vessels in the safety commercial vessels through the safety zone when it is safe to do
zone during all applicable effective dates and times unless so.
cleared to do so by or through an official patrol vessel.
(5) The Coast Guard may be assisted by other Federal, state, or
(2) When hailed and/or signaled by an official patrol vessel, any local agencies.

645
TABLE 1 TO &SECT;165.1125

[All coordinates referenced use datum NAD 83.]

1. Cambria American Legion Post Fourth of July Fireworks

Sponsor Cambria American Legion Post.

Event Description Fireworks Display.

Date July 4th.

Location Shamel Beach, Cambria, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

2. LA County Dept of Beach and Harbors 4th of July Fireworks

Sponsor Los Angeles, CA County Dept of Beach and Harbors.

Event Description Fireworks Display.

Date July 4th.

Location Main Ship Channel of Marina Del Rey, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

3. Fourth of July Fireworks, City of Dana Point

Sponsor City of Dana Point, CA.

Event Description Fireworks Display.

Date July 4th.

Location Offshore Dana Point Harbor, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

4. Fourth of July Fireworks, City of Long Beach

Sponsor City of Long Beach, CA.

Event Description Fireworks Display.

Date July 4th.

Location Long Beach Harbor, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

5. Fourth of July Fireworks, Irvine Cove Community Association

Sponsor Irvine Cove Community Association.

Event Description Fireworks Display.

Date July 4th.

Location Offshore Laguna Beach, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

6. Fourth of July Fireworks, Emerald Bay Community Association

Sponsor Emerald Bay Community Association.

646
Event Description Fireworks Display.

Date July 4th.

Location Offshore Laguna Beach, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

7. Fourth of July Fireworks, Morro Bay CoC

Sponsor Morro Bay Chamber of Commerce.

Event Description Fireworks Display.

Date July 4th.

Location Offshore Morro Bay State Park.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

8. Fourth of July Fireworks, Catalina Island CoC

Sponsor Catalina Island Chamber of Commerce.

Event Description Fireworks Display.

Date July 4th.

Location Avalon Bay, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

9. Fourth of July Fireworks, City of Santa Barbara

Sponsor City of Santa Barbara, CA.

Event Description Fireworks Display.

Date July 4th.

Location Harbor Entrance of Santa Barbara, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

10. Fourth of July Fireworks, City of Faria

Sponsor City of Faria, CA.

Event Description Fireworks Display.

Date July 4th.

Location Offshore Faria Beach, CA

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

11. Fourth of July Fireworks, City of Redondo Beach

Sponsor City of Redondo Beach, CA.

Event Description Fireworks Display.

Date July 4th.

Location Offshore Redondo Beach, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

647
12. Fourth of July Fireworks, City of San Pedro

Sponsor City of San Pedro, CA.

Event Description Fireworks Display.

Date July 4th.

Location Offshore Cabrillo Beach, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

13. Fourth of July Fireworks, City of Cayucos

Sponsor City of Cayucos, CA.

Event Description Fireworks Display.

Date July 4th.

Location Cayucos Pier.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and
during the transit of the fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius
upon commencement of the fireworks display.

[USCG-2009-0559, 76 FR 50673, Aug. 16, 2011]


Beginning at 3257.30' N, 11830.88' W; thence to 3259.60' N,
165.1131 Security Zone: Wilson Cove, San Clemente Island, 11828.33' W; thence running parallel to the shore at a distance
California. of approximately 3 NM from the high tide line to 3255.83' N,
(a) Location. The following area is a security zone: The water 11824.22' W; thence to 3253.53' N, 11826.52' W; thence along
area adjacent to San Clemente Island, California within 1.5 the shoreline returning to 3257.30' N, 11830.88' W.
nautical miles (1.73 statute miles, 2.8 kilometers) of the shoreline
of San Clemente Island from Wilson Cove North End Light (LLNR (3) Section C
2565) to Spruce Pier, approximately 4.1 nautical miles (4.7 statute
miles, 7.65 kilometers) southeast of Wilson Cove North End Light, Beginning at 3253.53' N, 11826.52' W; thence to 3255.83' N,
described as follows: 11824.22' W; thence running parallel to the shore at a distance
of approximately 3 NM from the high tide line to 3247.27' N,
Starting at a point on the shoreline of San Clemente Island, 11818.23' W; thence to 3249.10' N, 11821.05' W; thence along
California, in position 3301'25.0" N, 11833'43.0" W, for a place the shoreline returning to 3253.53' N, 11826.52' W.
of beginning (point A), thence northeasterly to 3302'11.0" N,
11832'13.5" W (point B), thence southeasterly to 3258'40.5" N, (4) Section D
11829'15.5" W (point C), thence southwesterly to 3257'54.0" N,
11831'17.2" W (point D), thence northwesterly along the Beginning at 3249.10' N, 11821.05' W; thence to 3247.27' N,
shoreline of San Clemente Island to the place of beginning. 11818.23' W; thence running parallel to the shore at a distance
of approximately 3 NM from the high tide line to 3248.38' N,
(b) Regulations. In accordance with the general regulations in 11831.69' W; thence to 3250.70' N, 11829.37' W; thence along
165.33 of this part, entry into the area of this zone is prohibited the shoreline returning to 3249.10' N, 11821.05' W.
unless authorized by the Captain of the Port, San Diego,
California. Section 165.33 also contains other general (5) Section E
requirements.
Beginning at 3250.70' N, 11829.37' W; thence to 3248.05' N,
[COTP San Diego Reg. 87-04, 52 FR 18230, May 14, 1987; 66 11831.68' W; thence running parallel to the shore at a distance
FR 33637, June 25, 2001] of approximately 3 NM from the high tide line to 3253.62' N,
11835.93' W; thence to 3256.13' N, 11832.95' W; thence along
165.1141 Safety Zone; San Clemente 3 NM Safety Zone, San the shoreline returning to 3250.70' N, 11829.37' W.
Clemente Island, CA.
(a) Location. The following area is a safety zone: All waters of (6) Section F
the Pacific Ocean surrounding San Clemente Island, from surface
to bottom, extending from the high tide line on the island seaward Beginning at 3256.13' N, 11832.95' W; thence to 3253.62' N,
3 NM. The zone consists of the following sections (see Figure 1): 11835.93' W; thence running parallel to the shore at a distance
of approximately 3 NM from the high tide line to 3259.95' N,
(1) Section A 11839.77' W; thence to 3301.08' N, 11836.33' W; thence along
the shoreline returning to 3256.13' N, 11832.95' W.
Beginning at 3302.05' N, 11835.85' W; thence to 3304.93' N,
11837.07' W; thence running parallel to the shore at a distance (7) Section G
of approximately 3 NM from the high tide line to 3302.82' N,
11830.65' W; thence 3301.29' N, 11833.88' W; thence along Beginning at 3301.08' N, 11836.333' W; thence to 3259.95' N,
the shoreline returning to 3302.05' N, 11835.85' W. 11839.77' W; thence running parallel to the shore at a distance
of approximately 3 NM from the high tide line to 3304.93' N,
(2) Section B 11837.07' W; thence to 3302.05' N, 11835.85' W; along the
shoreline returning to 3301.08' N, 11836.33' W.

648
(8) Wilson Cove notify FACSFAC of passage through the safety zone will result in
a determination by the Navy that the vessel is still in the safety
Beginning at 3301.28' N, 11833.88' W; thence to 3302.82' N, zone, thereby restricting the use of the area for naval operations.
11830.65' W; thence running parallel to the shore at a distance If the Navy determines that facilitating safe transit through the
of approximately 3 NM from the high tide line to 3259.60' N, zone negatively impacts range operations, the Navy will cease
11828.33' W; thence to 3257.30' N, 11830.88' W; thence along this practice and enforce the safety zones in these two areas
the shoreline returning to 3301.28' N, 11833.88' W. without exception.

(3) All persons and vessels must comply with the instructions of
the U.S. Navy, Coast Guard Captain of the Port or the designated
representative.

(4) Upon being hailed by U.S. Navy or U.S. Coast Guard patrol
personnel by siren, radio, flashing light, or other means, the
operator of a vessel must proceed as directed.

(5) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone described in paragraph (a) of this
section by the U.S. Navy and local law enforcement agencies.

[USCG-2009-0277, 75 FR 28198, May 20, 2010]

165.1151 Security Zones; Liquefied Hazardous Gas Tank


Vessels, San Pedro Bay, California.
(a) Definition. Liquefied Hazardous Gas as used in this section
means a liquid containing one or more of the products listed in
Table 127.005 of this part that is carried in bulk on board a tank
vessel as liquefied petroleum gas, liquefied natural gas, or similar
(b) Definitions. The following definition applies to this section: liquefied gas products.
designated representative, means any commissioned, warrant,
and petty officers of the Coast Guard on board Coast Guard, (b) Location. The following areas are security zones:
Coast Guard Auxiliary, and local, state, and Federal law
enforcement vessels who have been authorized to act on the (1) All waters, extending from the surface to the sea floor, within a
behalf of the Captain of the Port (COTP). 500 yard radius around any liquefied hazardous gas (LHG) tank
vessel that is anchored at a designated anchorage either inside
(c) Enforcement. the Federal breakwaters bounding San Pedro Bay or outside at
designated anchorages within three nautical miles of the
(1) This regulation will be enforced at all times in Section G and breakwater;
the Wilson Cove section of the safety zone described in
paragraph (a) of this section. Mariners must obtain permission in (2) The shore area and all waters, extending from the surface to
accordance with the procedure described in paragraph (d)(2) of the sea floor, within a 500 yard radius around any LHG tank
this section before entering either of those sections (paragraphs vessel that is moored, or in the process of mooring, at any berth
(a)(7) and (8)). within the Los Angeles or Long Beach port areas inside the
Federal breakwaters bounding San Pedro Bay;
(2) This regulation will be enforced in Sections A through F of the
safety zone described in paragraphs (a)(1) through (6) of this (3) All waters, extending from the surface to the sea floor, within
section except when the Coast Guard notifies the public that 1000 yards ahead and 500 yards on each side and astern of any
enforcement of the zone in specified sections is temporarily LHG tank vessel that is underway either on the waters inside the
suspended. Mariners need not obtain permission in accordance Federal breakwaters bounding San Pedro Bay or on the waters
with the procedure described in paragraph (d)(2) of this section to within three nautical miles seaward of the Federal breakwaters.
enter a zone section in which enforcement is temporarily
suspended. At all other times, mariners must obtain permission in (c) Regulations.
accordance with the procedure described in paragraph (d)(2)
before entering any of those sections. (1) In accordance with the general regulations in 165.33 of this
part, entry into or remaining in these zones is prohibited unless
(3) The COTP will provide notice of suspended enforcement by authorized by the Coast Guard Captain of the Port Los Angeles-
means appropriate to effect the widest publicity, including Long Beach, or his or her designated representative.
broadcast notice to mariners, publication in the local notice to
mariners, and posting the schedule of restricted access periods (2) Persons desiring to transit the area of the security zone may
by date, location and duration at http://www.scisland.org. contact the Captain of the Port at telephone number (800) 221-
USCG (8724) or on VHF-FM channel 16 (156.8 MHz) to seek
(d) Regulations. permission to transit the area. If permission is granted, all persons
and vessels shall comply with the instructions of the Captain of
(1) The general regulations governing safety zones found in 33 the Port or his or her designated representative.
CFR 165.23 apply to the safety zone described in paragraph (a)
of this section. (3) When any LHG tank vessels approach within 500 yards of a
vessel that is moored or anchored, the stationary vessel must
(2) Mariners requesting permission to transit through any section stay moored or anchored while it remains within the LHG tank
of the zone may request authorization to do so from the Fleet vessel's security zone unless it is either ordered by or given
Area Control and Surveillance Facility (FACSFAC) San Diego by permission from the Captain of the Port Los Angeles-Long Beach
either calling 619-545-4742 or establishing a VHF bridge to bridge to do otherwise.
radio connection on Channel 16. Immediately upon completing
transit, the vessel operator must promptly notify the FACSFAC of (d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191,
safe passage through the safety zone. Failure to expeditiously the authority for this section includes 33 U.S.C. 1226.

649
(e) Enforcement. The U.S. Coast Guard may be assisted in the 3341.51' N.|11810.71' W
patrol and enforcement of these security zones by the Los 3341.50' N.|11810.95' W
Angeles Port Police and the Long Beach Police Department. 3343.43' N.|11811.15' W

[COTP Los Angeles-Long Beach 02-005, 68 FR 13233, Mar. 19, (2)(v) Los Angeles Deep Water Pilot Area: A 0.5nm radius
2003] around 3339.00' N, 11813.19' W.

165.1152 San Pedro Bay, California-Regulated Navigation (d) General Regulations. The following regulations contained in
Area. paragraphs (d)(1) through (d)(3) of this section apply to power
(a) Applicability. This section applies to all vessels unless driven vessels of 1600 or more gross tons, a towing vessel of 8
otherwise specified. (Note: All geographic coordinates are defined meters (approximately 26 feet) or over in length engaged in
using North American Datum 1983 (NAD 83)). towing, or vessels of 100 gross tons and upward carrying one or
more passengers for hire.
(b) Deviations. The Captain of the Port of Los Angeles-Long
Beach or his or her designated representative may authorize a (1) A vessel shall not exceed a speed of 12 knots through the
deviation from the requirements of this regulation when it is water within the RNA.
deemed necessary in the interests of safety.
(2) A vessel navigating within the RNA, shall have its engine(s)
(c) Location. ready for immediate maneuver and shall operate its engine(s) in a
control mode and on fuel that will allow for an immediate
(1) The San Pedro Bay Regulated Navigation Area (RNA) response to any engine order, ahead or astern, including stopping
consists of the water area enclosed by the Los Angeles-Long its engine(s) for an extended period of time.
Beach breakwater and a line connecting Point Fermin Light at
3342.30'N, 11817.60'W, with the following geographical (3) A vessel navigating within the RNA shall maintain a minimum
positions: separation from other vessels of at least 0.25 nm.

Latitude Longitude (e) Specific Regulations-


3335.50' N|11817.60' W
3335.50' N|11809.00' W (1) Los Angeles Pilot Area.
3337.70' N|11806.50' W
3343.40' N|11810.80' W (i) No vessel may enter the Los Angeles Pilot Area unless it is
entering or departing Los Angeles Harbor entrance (Angels Gate).
(2) The San Pedro Bay RNA consists of the following named sub-
areas, defined by lines connecting their respective geographic (ii) Vessels entering the Los Angeles Pilot Area shall pass directly
coordinates: through without stopping or loitering except as necessary to
embark or disembark a pilot.
(2)(i) The Los Angeles Pilot Area:
(2) Long Beach Pilot Area.
Latitude Longitude
3342.50' N.|11815.10' W (i) No vessel may enter the Long Beach Pilot Area unless it is
| (Los Angeles Light) entering or departing Long Beach Harbor entrance (Queens Gate).
3342.62' N.|11814.70' W
3341.30' N.|11813.50' W (ii) Vessels entering the Long Beach Pilot Area shall pass directly
3340.85' N.|11814.90' W through without stopping or loitering except as necessary to
3342.50' N.|11815.10' W embark or disembark a pilot.

(2)(ii) The Long Beach Pilot Area: (iii) Every vessel shall leave Long Beach Approach Lighted
Whistle Buoy "LB" to port when entering and departing Long
Latitude Longitude Beach Channel and departing vessels shall pass across the
33d43.40' N..| 118d11.20' W southern boundary of the Long Beach Pilot Area.
(Long Beach Light)
33d43.40' N..| 118d10.80' W (3) Los Angeles and Long Beach Deep Water Traffic Lanes.
33d.41.50' N.| 118d10.22' W When a vessel of 50 foot draft or greater is using the Los Angeles
33d40.52' N..| 118d10.22' W or Long Beach Deep Water Traffic Lane no other vessel shall
33d40.52' N..| 118d11.82' W enter the Deep Water Traffic Lane if it will result in a meeting,
crossing or overtaking situation.
33d41.50' N..| 118d11.82' W
33d43.40' N..| 118d11.20' W
(4) Los Angeles Deep Water Pilot Area. When a vessel of 50
foot draft or greater is embarking or disembarking a pilot in the
(2)(iii) The Los Angeles Deep Water Traffic Lane: Los Angeles Deep Water Pilot Area no other vessel shall enter
the Deep Water Pilot Area.
Latitude Longitude
3342.47' N.|11814.95' W (5) Vessels described in paragraph (d) of this section may not
3342.56' N.|11814.75' W enter the waters between Commercial Anchorage G and the
3339.48' N.|11813.32' W Middle Breakwater as defined by an area enclosed by the line
3339.42' N.|11813.55' W beginning at Los Angeles Main Channel Entrance Light 2
3342.47' N.|11814.95' W (3342.70' N, 11814.70' W), thence east along the Middle
Breakwater to Long Beach Light (3343.40' N, 11811.20' W),
(2)(iv) The Long Beach Deep Water Traffic Lane: thence south to (3343.08' N, 11811.26' W), thence westerly to
(3343.08' N, 11812.26' W), thence southwesterly parallel to the
Latitude Longitude breakwater to (3342.43' N, 11814.30' W), thence to the point of
3343.43' N.|11811.15' W origin, unless such vessel is:
3343.39' N.|11810.90' W
(5)(i) In an emergency;

650
(5)(ii) Proceeding to anchor in or departing Commercial (2) Persons desiring to transit the area of the security zone may
Anchorage G; contact the Captain of the Port at telephone number 1-800-221-
8724 or on VHF-FM channel 16 (156.8 MHz). If permission is
(5)(iii) Standing by with confirmed pilot boarding arrangements; or, granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
(5)(iv) Engaged in towing vessels to or from Commercial representative.
Anchorage G, or to or from the waters between Commercial
Anchorage G and the Middle Breakwater. (c) Authority. In addition to 33 U.S.C. 1231, the authority for this
section includes 33 U.S.C. 1226.
[CGD 82-046, 48 FR 1959, Jan. 17, 1983, as amended by
CCGD11-85-03, 51 FR 2396, Jan. 16, 1986; 59 FR 5951, Feb. 9, [COTP Los Angeles-Long Beach 02-006, 67 FR 77430, Dec. 18,
1994; 65 FR 62292, Oct. 18, 2000; 66 FR 33637, June 25, 2001] 2002]

165.1154 Security Zones; Cruise Ships, San Pedro Bay, 165.1156 Safety Zone; Offshore Marine Terminal, El
California. Segundo, CA.
(a) Definition. Cruise ship as used in this section means a (a) Location. The following area is a safety zone: All waters of
passenger vessel, except for a ferry, over 100 feet in length, Santa Monica Bay, from surface to bottom, enclosed by a line
authorized to carry more than 12 passengers for hire; making beginning at latitude 3354'59" N, longitude 11826'50" W; then to
voyages lasting more than 24 hours, any part of which is on the latitude 3354'59" N, longitude 11827'34" W; then to latitude
high seas; and for which passengers are embarked or 3354'00" N, longitude 11827'34" W; then to latitude 3354'00" N,
disembarked in the Port of Los Angeles or Port of Long Beach. longitude 11826'50" W; then to the point of beginning (NAD
1983).
(b) Location. The following areas are security zones: All
navigable waters, extending from the surface to the sea floor, (b) Regulations.
within a 100-yard radius around any cruise ship that is located
within the San Pedro Bay area landward of the sea buoys (1) In accordance with the general regulations in 165.23 of this
bounding the port of Los Angeles or Port of Long Beach or part, entry into or movement within this zone is prohibited except
designated anchorages within 3 nautical miles seaward of the for:
Federal Breakwaters.
(i) Commercial vessels authorized to use the offshore marine
(c) Regulations. Under regulations in 33 CFR part 165, subpart D, terminal for loading or unloading;
a person or vessel may not entry into or remain in the security
zones created by this section unless authorized by the Coast (ii) Commercial tugs, lighters, barges, launches, or other vessels
Guard Captain of the Port, Los AngelesLong Beach (COTP) or authorized to engage in servicing the offshore marine terminal or
a COTP designated representative. vessels therein;

(1) Persons desiring to transit these security zones may contact (iii) Public vessels of the United States.
the COTP at telephone number (310) 521-3801 or on VHF-FM
channel 16 (156.8 MHz) to seek permission to transit the area. If (2) Persons desiring to transit the area of the safety zone may
permission is granted, all persons and vessels must comply with contact the Captain of the Port at telephone number 1-800-221-
the instructions of the Captain of the Port or his or her designated 8724 or on VHF-FM channel 16 (156.8 MHz). If permission is
representative. granted, all persons and vessels must comply with the
instructions of the Captain of the Port or his or her designated
(2) When a cruise ship approaches within 100 yards of a vessel representative.
that is moored, or anchored, the stationary vessel must stay
moored or anchored while it remains within the cruise ship's (3) Nothing in this section shall be construed as relieving the
security zone unless it is either ordered by, or given permission owner or person in charge of any vessel from complying with the
from, the COTP Los Angeles-Long Beach to do otherwise. Navigation Rules as defined in 33 CFR chapter I, subchapters D
and E and safe navigation practice.
(d) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191,
the authority for this section includes 33 U.S.C. 1226. [COTP Los Angeles-Long Beach 03-002, 70 FR 30640, May 27,
2005]
(e) Enforcement. The U.S. Coast Guard may be assisted in the
patrol and enforcement of the security zone by the Los Angeles 165.1157 Security Zone; Cruise Ships, Santa Barbara,
Port Police and the Long Beach Police Department. California.
(a) Location. The following areas are security zones: All
[COTP Los Angeles-Long Beach 02-004, 67 FR 72563, Dec. 6, navigable waters, from the surface to the sea floor within a 100-
2002, as amended by USCG-2011-0101, 77 FR 1027, Jan. 9, yard radius of any cruise ship located within 3 nautical miles of
2012] the Santa Barbara Harbor Breakwater Light (Light List Number
3750; 34-24-17.364 N, 119-41-16.260W).
165.1155 Security Zone; Diablo Canyon Nuclear Power Plant,
Avila Beach, California. (b) Definition.
(a) Location. The following area is a security zone: all waters of
the Pacific Ocean, from surface to bottom, within a 2,000 yard "Cruise ship" as used in this section means any vessel, except
radius of Diablo Canyon Nuclear Power Plant centered at position for a ferry, over 100 feet in length, authorized to carry more than
351223 N, 1205123 W. [Datum: NAD 83]. 12 passengers for hire; making voyages lasting more than 24
hours, any part of which is on the high seas; and for which
(b) Regulations. passengers are embarked or disembarked in the U.S. or its
territories.
(1) In accordance with the general regulations in 165.33 of this
part, entry into or remaining in this zone is prohibited unless (c) Regulations.
authorized by the Coast Guard Captain of the Port, Los Angeles-
Long Beach, or his or her designated representative. (1) Under general security zone regulations in subpart D, entry

651
into or remaining in the zones described in paragraph (a) of this (i) The following is a regulated navigation areaThe waters
section is prohibited unless authorized by the Coast Guard bounded by a line connecting the following coordinates, beginning
Captain of the Port (COTP) Los Angeles-Long Beach (LA-LB), or at:
a designated representative of COTP LA-LB.
374718 N, 1223022 W; thence to 374855 N, 1223141 W;
(2) Persons desiring to transit the area of the security zone may thence along the shoreline to 375038 N, 1222837 W; thence
contact the COTP LA-LB at telephone number 1-310-521-3801 or to 375059 N, 1222800 W; thence to 375145 N, 1222728
on VHF-FM channel 16 (156.800 MHz) to seek permission to W; thence to 375258 N, 1222606 W; thence to 375153 N,
transit the area. If permission is granted, all persons and vessels 1222458 W; thence to 375153 N, 1222400 W; thence to
must comply with the instructions of the Captain of the Port, or his 375140 N, 1222348 W; thence to 374922 N, 1222348 W;
designated representative. thence to 374820 N, 1222212 W; thence to 374702 N,
1222133 W; thence to 374702 N, 1222304 W; thence along
[USCG-2011-0906, 77 FR 65623, Oct. 30, 2012] the shoreline to the point of beginning.

165-T11-589 Safety zone; SFOBB Demolition Safety Zone, Datum: NAD 83


San Francisco, CA.
(a) Location. This temporary safety zone is established in the (ii) The San Francisco Bay RNA consists of the following defined
navigable waters of the San Francisco Bay near Yerba Buena sub-areas:
Island, California as depicted in National Oceanic and
Atmospheric Administration (NOAA) Chart 18650. The safety (A) Golden Gate Traffic Lanes
zone will encompass the navigable waters around the SFOBB
within 100 yards beginning at Yerba Buena Island and ending at (1) Westbound traffic lane: Bounded by the Golden Gate
the "I" Pier. precautionary area and the COLREGS Demarcation Line (33
CFR 80.1142), between the separation zone and a line
(b) Enforcement Period. The zone described in paragraph (a) of connecting the following coordinates:
this section will be in effect from 6 a.m. to 7 p.m. daily from
September 1, 2013 until December 30, 2014. The Captain of the 374830 N, 1223122 W; thence to 374903 N, 1222952 W.
Port San Francisco (COTP) will notify the maritime community of
periods during which this zone will be enforced via Broadcast Datum: NAD 83
Notice to Mariners in accordance with 33 CFR 165.7.
(2) Eastbound traffic lane. Bounded by the COLREGS
(c) Definitions. Demarcation Line (33 CFR 80.1142) and the Golden Gate
precautionary area, between the separation zone and a line
As used in this section, "designated representative" means a connecting the following coordinates:
Coast Guard Patrol Commander, including a Coast Guard
coxswain, petty officer, or other officer on a Coast Guard vessel 374750 N, 1223048 W; thence to 374830 N, 1222929 W.
or a Federal, State, or local officer designated by or assisting the
COTP in the enforcement of the safety zone. Datum: NAD 83

(d) Regulations. (3) Golden Gate Separation Zone: The area 75 yards each side
of a line connecting the following coordinates:
(1) Under the general regulations in 33 CFR Part 165, Subpart C,
entry into, transiting or anchoring within this safety zone is 374808 N, 1223105 W; thence to 374846 N, 1222940 W.
prohibited unless authorized by the COTP or a designated
representative. Datum: NAD 83

(2) The safety zone is closed to all vessel traffic, except as may (B) Golden Gate Precautionary Area: An area bounded by a
be permitted by the COTP or a designated representative. line connecting the following coordinates beginning at:

(3) Vessel operators desiring to enter or operate within the safety 374830 N, 1222929 W; thence to 374852 N, 1222841 W;
zone must contact the COTP or a designated representative to thence to 374852 N, 1222749 W; thence to 374936 N,
obtain permission to do so. Vessel operators given permission to 1222746 W; thence to 374955 N, 1222809 W; thence to
enter or operate in the safety zone must comply with all directions 374928 N, 1222845 W; thence to 374903 N, 1222952 W;
given to them by the COTP or a designated representative. thence returning to the point of beginning.
Persons and vessels may request permission to enter the safety
zone on VHF-23A or through the 24-hour Command Center at Datum: NAD 83
telephone (415) 399-3547.
(C) Central Bay Traffic Lanes
[FR Doc. 2013-21290 Filed 8-30-13; 8:45 am]
(1) Westbound traffic lane: Bounded by the Central Bay
165.1181 San Francisco Bay Region, California-Regulated precautionary area and the Golden Gate precautionary area,
Navigation Area. between the Central Bay and the Deep Water Traffic Lane
(a) Applicability. This section applies to all vessels unless separation zones.
otherwise specified.
(2) Eastbound traffic lane: Bounded by the Golden Gate
(b) Deviations. The Captain of the Port, San Francisco Bay, or precautionary area and the Central Bay precautionary area,
the Commanding Officer, Vessel Traffic Service San Francisco, between the Central Bay Separation Zone and a line connecting
as a representative of the Captain of the Port, may authorize a the following coordinates, beginning at:
deviation from the requirements of this regulation when it is
deemed necessary in the interests of safety. 374841 N, 1222517 W; thence to 374850 N, 1222614 W;
thence to 374852 N, 1222749 W.
(c) Regulated Navigation Areas
Datum: NAD 83
(1) San Francisco Bay RNA.

652
(3) Deep Water (two-way) Traffic Lane: Bounded by the Central Datum: NAD 83
Bay precautionary area and the Golden Gate precautionary area,
between the Deep Water Traffic Lane separation zone and a line (5) Benicia-Martinez Railroad Drawbridge Regulated
connecting the following coordinates, beginning at: Navigation Area (RNA): The following is a regulated navigation
areaThe waters bounded by the following longitude lines:
374955 N, 1222809 W; thence to 375036 N, 1222712 W;
thence to 375047 N, 1222626 W. (i) 1221331 W (coinciding with the charted location of the
Carquinez Bridge)
Datum: NAD 83
(ii) 1215317 W (coinciding with the charted location of New
(D) Central Bay Separation Zone: The area 75 yards each side York Point)
of a line connecting the following coordinates, beginning at:
Datum: NAD 83
374917 N, 1222747 W; thence to 374935 N, 1222525 W.
(6) Southampton Shoal Channel/Richmond Harbor RNA: The
Datum: NAD 83 following, consisting of two distinct areas, is a regulated
navigation area
(E) Deep Water Traffic Lane Separation Zone: The area 75
yards each side of a line connecting the following coordinates, (i) The waters bounded by a line connecting the following
beginning at: coordinates, beginning at:

374936 N, 1222746 W; thence to 375022 N, 1222649 W; 375417 N, 1222200 W; thence to 375408 N, 1222200 W;
thence to 375025 N, 1222622 W. thence to 375415 N, 1222312 W; thence to 375430 N,
1222309 W; thence along the shoreline to the point of
Datum: NAD 83 beginning.

(F) Central Bay Precautionary Area: An area bounded by a line Datum: NAD 83
connecting the following coordinates, beginning at:
(ii) The waters bounded by a line connecting the following
374841 N, 1222517 W; thence to 374932 N, 1222513 W; coordinates, beginning at:
thence to 375025 N, 1222622 W; thence to 375047 N, 375428 N, 1222336 W; thence to
1222626 W; thence to 375104 N, 1222458 W; thence to 375420 N, 1222338 W; thence to
375153 N, 1222458 W; thence to 375153 N, 1222400 W; 375423 N, 1222402 W; thence to
thence to 375140 N, 1222348 W; thence to 374922 N, 375457 N, 1222451 W; thence to
1222348 W; thence to 374820 N, 1222212 W; thence to 375505 N, 1222502 W; thence to
374702 N, 1222133 W; thence to 374702 N, 1222304 W; 375457 N, 1222522 W; thence to
thence returning along the shoreline to the point of beginning. 375326 N, 1222503 W; thence to
375324 N, 1222513 W; thence to
Datum: NAD 83 375530 N, 1222535 W; thence to
375540 N, 1222510 W; thence to
(2) North Ship Channel RNA. The following is a regulated 375454 N, 1222430 W; thence to
navigation areaThe waters bounded by a line connecting the 375430 N, 1222400 W; thence returning to the point of
following coordinates, beginning at: beginning.

375153 N, 1222458 W; thence to 375415 N, 1222727 W; Datum: NAD 83


thence to 375606 N, 1222649 W; thence to 375606 N,
1222634 W; thence to 375448 N, 1222642 W; thence to (7) Oakland Harbor RNA: The following is a regulated navigation
375402 N, 1222610 W; thence to 375153 N, 1222400 W; areaThe waters bounded by a line connecting the following
thence to returning to the point of beginning. coordinates, beginning at:
374840 N, 1221958 W; thence to
Datum: NAD 83 374850 N, 1222002 W; thence to
374829 N, 1222039 W; thence to
(3) San Pablo Strait Channel RNA. The following is a regulated 374813 N, 1222126 W; thence to
navigation areaThe waters bounded by a line connecting the 374810 N, 1222139 W; thence to
following coordinates, beginning at: 374820 N, 1222212 W; thence to
374736 N, 1222150 W; thence to
375606 N, 1222649 W; thence to 375726 N, 1222721 W; 374752 N, 1222140 W; thence to
thence to 380048 N, 1222445 W; thence to 380154 N, 374803 N, 1222100 W; thence to
1222224 W; thence to 380144 N, 1222218 W; thence to 374748 N, 1221946 W; thence to
375737 N, 1222623 W; thence to 375606 N, 1222634 W; 374755 N, 1221943 W; thence returning along the shoreline
thence returning to the point of beginning. to the point of the beginning.

Datum: NAD 83 Datum: NAD 83

(4) Pinole Shoal Channel RNA. The following is a regulated (d) General regulations.
navigation areaThe waters bounded by a line connecting the
following coordinates, beginning at: (1) A power-driven vessel of 1600 or more gross tons, or a tug
with a tow of 1600 or more gross tons, navigating within the RNAs
380154 N, 1222225 W; thence to 380313 N, 1221950 W; defined in paragraph (c) of this section, shall not exceed a speed
thence to 380323 N, 1221831 W; thence to 380313 N, of 15 knots through the water.
1221829 W; thence to 380305 N, 1221928 W; thence to
380144 N, 1222218 W; thence returning to the point of (2) A power-driven vessel of 1600 or more gross tons, or a tug
beginning. with a tow of 1600 or more gross tons, navigating within the RNAs
defined in paragraph (c) of this section, shall have its engine(s)

653
ready for immediate maneuver and shall operate its engine(s) in a surveying, or buoying the channel, and they shall not anchor in
control mode and on fuel that will allow for an immediate the channel except in case of a deviation authorized under
response to any engine order, ahead or astern, including stopping paragraph (b) of this section.
its engine(s) for an extended period of time.
(iv) This paragraph shall not be construed as prohibiting any
(3) The master, pilot or person directing the movement of a vessel necessary use of the channel by any public vessels while
within the RNAs defined in paragraph (c) of this regulation shall engaged in official duties, or in emergencies by pilot boats.
comply with Rule 9 of the Inland Navigation Rules (INRs) (33
U.S.C. 2009) in conjunction with the provisions of the associated (3) Benicia-Martinez Railroad Drawbridge Regulated
INRs. Navigation Area (RNA)

(e) Specific Regulations (i) Eastbound vessels:

(1) San Francisco Bay RNA: (A) The master, pilot, or person directing the movement of a
power-driven vessel of 1600 or more gross tons or a tug with a
(i) A vessel shall navigate with particular caution in a tow of 1600 or more gross tons traveling eastbound and intending
precautionary area, or in areas near the terminations of traffic to transit under the lift span (centered at coordinates 380218 N,
lanes or channels, as described in this regulation. 1220717 W) of the railroad bridge across Carquinez Strait at
mile 7.0 shall, immediately after entering the RNA, determine
(ii) A power-driven vessel of 1600 or more gross tons, or a tug whether the visibility around the lift span is 12 nautical mile or
with a tow of 1600 or more gross tons, shall: greater.

(A) Use the appropriate traffic lane and proceed in the general (B) If the visibility is less than 12 nautical mile, or subsequently
direction of traffic flow for that lane; becomes less than 12 nautical mile, the vessel shall not transit
under the lift span.
(B) Use the Central Bay Deep Water Traffic Lane if eastbound
with a draft of 45 feet or greater or westbound with a draft of 28 (ii) Westbound vessels:
feet or greater;
(A) The master, pilot, or person directing the movement of a
(C) Not enter the Central Bay Deep Water Traffic Lane when power-driven vessel of 1600 or more gross tons or a tug with a
another power-driven vessel of 1600 or more gross tons or tug tow of 1600 or more gross tons traveling westbound and intending
with a tow of 1600 or more gross tons is navigating therein when to transit under the lift span (centered at coordinates 380218 N,
either vessel is: 1220717 W) of the railroad bridge across Carquinez Strait at
mile 7.0 shall, immediately after entering the RNA determine
(1) Carrying certain dangerous cargoes (as denoted in section whether the visibility around the lift span is 12 nautical mile or
160.202 of this subchapter); greater.

(2) Carrying bulk petroleum products; or (B) If the visibility is less than 12 nautical mile, the vessel shall
not pass beyond longitude line 1215519 W (coinciding with the
(3) A tank vessel in ballast if such entry would result in meeting, charted position of the westernmost end of Mallard Island) until
crossing, or overtaking the other vessel. the visibility improves to greater than 12 nautical mile around the
lift span.
(D) Normally join or leave a traffic lane at the termination of the
lane, but when joining or leaving from either side, shall do so at as (C) If after entering the RNA visibility around the lift span
small an angle to the general direction of traffic flow as practicable; subsequently becomes less than 12 nautical mile, the master,
pilot, or person directing the movement of the vessel either shall
(E) So far as practicable keep clear of the Central Bay Separation not transit under the lift span or shall request a deviation from the
Zone and the Deep Water Traffic Lane Separation Zone; requirements of the RNA as prescribed in paragraph (b) of this
section.
(F) Not cross a traffic lane separation zone unless crossing,
joining, or leaving a traffic lane. (D) Vessels that are moored or anchored within the RNA with the
intent to transit under the lift span shall remain moored or
(2) Pinole Shoal Channel RNA: anchored until visibility around the lift span becomes greater than
12 nautical mile.
(i) A vessel less than 1600 gross tons or a tug with a tow of less
than 1600 gross tons is not permitted within this RNA. (4) Southampton Shoal/Richmond Harbor RNA: A power-
driven vessel of 1600 or more gross tons, or a tug with a tow of
(ii) A power-driven vessel of 1600 or more gross tons or a tug with 1600 or more gross tons, shall not enter Southampton
a tow of 1600 or more gross tons shall not enter Pinole Shoal Shoal/Richmond Harbor RNA when another power-driven vessel
Channel RNA when another power-driven vessel of 1600 or more of 1600 or more gross tons, or a tug with a tow of 1600 or more
gross tons or tug with a tow of 1600 or more gross tons is gross tons, is navigating therein, if such entry would result in
navigating therein if such entry would result in meeting, crossing, meeting, crossing, or overtaking the other vessel.
or overtaking the other vessel, when either vessel is:
(5) Oakland Harbor RNA: A power-driven vessel of 1600 or more
(A) Carrying certain dangerous cargoes (as denoted in 160.203 gross tons or a tug with a tow of 1600 or more gross tons shall not
of this subchapter); enter the Oakland Harbor RNA when another power-driven vessel
of 1600 or more gross tons, or a tug with a tow of 1600 or more
(B) Carrying bulk petroleum products; or gross tons, is navigating therein, if such entry would result in
meeting, crossing, or overtaking the other vessel.
(C) A tank vessel in ballast.
[CGD11-94-007, 60 FR 16796, Apr. 3, 1995; 60 FR 30157, June
(iii) Vessels permitted to use this channel shall proceed at a 7, 1995. Redesignated by USCG-2001-9286, 66 FR 33642, June
reasonable speed so as not to endanger other vessels or interfere 25, 2001, as amended by USCG-2003-15404, 68 FR 37741, June
with any work which may become necessary in maintaining, 25, 2003; CGD11-03-001, 69 FR 2843, Jan. 21, 2004; USCG-

654
2005-21869, 80 FR 5336, Jan. 30, 2015] Commander (PATCOM). The PATCOM may be contacted on
VHF-FM Channel 16.
165.1183 Security Zones; tankers, cruise ships, and High
Value Assets, San Francisco Bay and Delta Ports, Monterey (3) All persons and vessels shall comply with the instructions of
Bay and Humboldt Bay, California the Captain of the Port or the designated representative.
(a) Definitions. The following definitions apply to these
sections (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a
(1) Cruise ship means any vessel over 100 gross register tons, vessel shall proceed as directed.
carrying more than 500 passengers for hire which makes voyages
lasting more than 24 hours, of which any part is on the high seas. (5) The Coast Guard may be assisted by other Federal, State, or
Passengers from cruise ships are embarked or disembarked in local agencies.
the U.S. or its territories. Cruise ships do not include ferries that
hold Coast Guard Certificates of Inspection endorsed for Lakes, [USCG-2010-1004, 76 FR 20845, Apr. 14, 2011, as amended by
Bays and Sounds that transit international waters for only short USCG-2005-21869, 80 FR 5336, Jan. 30, 2015]
periods of time on frequent schedules.
165-1184 Safety Zone; Coast Guard Use of Force Training
(2) High Value Asset means any waterside asset of high value Exercises, San Pablo Bay, CA
including military and commercial vessels, or commercial vessels (a) Location. This safety zone will apply to the navigable waters
carrying CDC as defined in 33 CFR 160.202, deemed by the in the San Pablo Bay, and will encompass an area beginning at
Captain of Port, or higher authority, as requiring protection based position 380144 N, 1222706 W; 380436 N, 1222206 W;
upon risk assessment analysis and is therefore escorted by the 380035 N, 1222607 W; 380300 N, 1222020 W (NAD 83)
Coast Guard or other law enforcement vessel with an embarked and back to the starting point.
Coast Guard commissioned, warrant, or petty officer.
(b) Enforcement. The Coast Guard will notify the public via a
(3) Tanker means any self-propelled tank vessel constructed or Broadcast Notice to Mariners prior to the activation of this safety
adapted primarily to carry oil or hazardous materials in bulk in the zone. The safety zone will be activated on average two times per
cargo spaces. month, but could be activated up to six times per month. It will be
in effect for approximately three hours from 9 a.m. to 11:59 p.m. If
(4) Designated representative means any commissioned, the exercises conclude prior to the scheduled termination time,
warrant, and petty officers of the Coast Guard on board Coast the Coast Guard will cease enforcement of this safety zone and
Guard, Coast Guard Auxiliary, and local, State and Federal law will announce that fact via Broadcast Notice to Mariners. Persons
enforcement vessels who have been authorized to act on the and vessels may also contact the Coast Guard to determine the
behalf of the Captain of the Port. status of the safety zone on VHF-16 or the 24-hour Command
Center via telephone at (415) 399-3547.
(b) Locations.
(c) Definitions. As used in this section, designated representative
(1) San Francisco Bay. All waters, extending from the surface to means a Coast Guard Patrol Commander, including a Coast
the sea floor, within 500 yards (457 meters) ahead, astern and Guard coxswain, petty officer, or other officer operating a Coast
extending along either side of a tanker, cruise ship, or HVA Guard vessel and a Federal, State, and local officer designated
underway (100 yards when anchored or moored) within the San by or assisting the Captain of the Port San Francisco (COTP) in
Francisco Bay and areas shoreward of the line drawn between the enforcement of the safety zone.
San Francisco Main Ship Channel buoys 7 and 8(LLNR 4190 &
4195) in positions 3746.9 N, 12235.4 W and 3746.5 (d) Regulations.
N, 12235.2 W, respectively.
(1) Under the general regulations in 165.23, entry into, transiting,
(2) Monterey Bay. All waters, extending from the surface to the or anchoring within the safety zone is prohibited unless authorized
sea floor, within 500 yards (457 meters) ahead, astern and by the COTP or the COTP's designated representative.
extending along either side of a tanker, cruise ship, or HVA
underway (100 yards when anchored or moored) within the (2) The safety zone is closed to all vessel traffic, except as may
Monterey Bay area shoreward of a line drawn between Santa be permitted by the COTP or the COTP's designated
Cruz Light (LLNR 305) to the north in position 3657.10 N, representative.
12201.60 W, and Cypress Point, Monterey to the south, in
(3) Vessel operators desiring to enter or operate within the safety
position 3634.90 N, 12158.70 W. zone must contact the COTP or the COTP's representative to
obtain permission to do so. Vessel operators given permission to
(3) Humboldt Bay. All waters, extending from the surface to the enter or operate in the safety zone must comply with all directions
sea floor, within 500 yards (457 meters) ahead, astern and given to them by the COTP or the COTP's designated
extending along either side of a tanker, cruise ship, or HVA representative. Persons and vessels may request permission to
underway (100 yards when anchored or moored) within the enter the safety zone on VHF-16 or the 24-hour Command Center
Humboldt Bay area shoreward of a 4 nautical mile radius line via telephone at (415) 399-3547.
drawn to the west of the Humboldt Bay Entrance Lighted Whistle
Buoy HB (LLNR 8130) in position 4046.25 N, 12416.13 [USCG-2009-0324, 76 FR 25550, May 5, 2011]
W.
165.1185 Regulated Navigation Area; San Francisco Bay,
(c) Regulations. San Pablo Bay, Carquinez Strait, Suisun Bay, Sacramento
River, San Joaquin River, and connecting waters in California.
(1) In accordance with the general regulations in 165.33 of this (a) Location. All waters of San Francisco Bay, San Pablo Bay,
part, entry into or remaining in this zone is prohibited unless Carquinez Strait, Suisun Bay, Sacramento River, San Joaquin
authorized by the Coast Guard Captain of the Port, San Francisco River, and connecting waters in California are a Regulated
Bay, or a designated representative. Navigation Area.

(2) Mariners requesting permission to transit through the security (b) Definitions. Liquefied hazardous gas (LHG) is a liquid
zone may request authorization to do so from the Patrol containing one or more of the products listed in Table 127.005 of

655
33 CFR 127.005 that is carried in bulk on board a tank vessel as channel to latitude 374646.75 N and longitude 1221500.21 W;
a liquefied gas product. The hazards normally associated with thence closely paralleling the edge of the charted navigation
these products include toxic or flammable properties or a channel to a point approximately 20 yards into the charted
combination of both. navigation channel at latitude 374642.36 N and longitude
1221451.55 W; thence to a point on land approximately 50
(c) Regulations. All vessels loaded with a cargo of liquefied yards southeast of the southeastern end of the Coast Guard
hazardous gas (LHG) within this Regulated Navigation Area must Island Pier at latitude 374644.80 N and longitude 1221448.80
proceed directly to their intended cargo reception facility to W; thence northwest along the shoreline back to the beginning
discharge their LHG cargo, unless: point.

(1) The vessel is otherwise directed or permitted by the Captain of (b) Regulations.
the Port. The Captain of the Port can be reached at telephone
number (415) 399-3547 or on VHF-FM channel 16 (156.8 MHz). If (1) Under 165.33, entry into or remaining in this zone is
permission is granted, all persons and vessels must comply with prohibited unless authorized by the Coast Guard Captain of the
the instructions of the Captain of the Port or his or her designated Port, San Francisco Bay, or his designated representative.
representative.
(2) Persons desiring to transit the area of the security zone may
(2) The vessel is in an emergency situation and unable to proceed contact the Captain of the Port at telephone number 415-399-
as directed in paragraph (a) of this section without endangering 3547 or on VHF-FM channel 16 (156.8 MHz) to seek permission
the safety of persons, property, or the environment. to transit the area. If permission is granted, all persons and
vessels must comply with the instructions of the Captain of the
[CGD11 04-001, 69 FR 30206, May 27, 2004] Port or his designated representative.

165.1187 Security Zones; Golden Gate Bridge and the San (c) Enforcement. The Captain of the Port will enforce this
Francisco-Oakland Bay Bridge, San Francisco Bay, California. security zone and may be assisted in the patrol and enforcement
(a) Location. All waters extending from the surface to the sea of this security zone by any Federal, State, county, municipal, or
floor, within 25 yards of all piers, abutments, fenders and pilings private agency.
of the Golden Gate Bridge and the San Francisco-Oakland Bay
Bridge, in San Francisco Bay, California. [COTP San Francisco Bay 05-006, 70 FR 48874, Aug. 22, 2005]

(b) Regulations. 165.1191Northern California and Lake Tahoe Area Annual


Fireworks Events.
(1) In accordance with the general regulations in 165.33 of this (a) General. Safety zones are established for the events listed in
part, entry into these security zones is prohibited, unless doing so Table 1 of this section. Further information on exact dates, times,
is necessary for safe navigation, to conduct official business such and other details concerning the exact geographical description of
as scheduled maintenance or retrofit operations, or unless the areas are published by the Eleventh Coast Guard District in
specifically authorized by the Captain of the Port San Francisco the Local Notice to Mariners at least 20 days prior to the event.
Bay or his designated representative.
(b) Regulations. All persons and vessels not registered with the
(2) Persons desiring to transit the area of the security zone may sponsor as participants or as official patrol vessels are considered
contact the Captain of the Port at telephone number 415-399- spectators. The official patrol consists of any Coast Guard; other
3547 or on VHF-FM channel 16 (156.8 MHz) to seek permission Federal, state, or local law enforcement; and any public or
to transit the area. If permission is granted, all persons and sponsor-provided vessels assigned or approved by the cognizant
vessels must comply with the instructions of the Captain of the Coast Guard Sector Commander to patrol each event.
Port or his or her designated representative.
(1) No spectator shall anchor, block, loiter, nor impede the
(c) Enforcement. All persons and vessels shall comply with the through transit of participants or official patrol vessels in the safety
instructions of the Coast Guard Captain of the Port or the zone during all applicable effective dates and times unless
designated on-scene patrol personnel. Patrol personnel comprise cleared to do so by or through an official patrol vessel.
commissioned, warrant, and petty officers of the Coast Guard
onboard Coast Guard, Coast Guard Auxiliary, local, state, and (2) When hailed and/or signaled by an official patrol vessel, any
federal law enforcement vessels. Upon being hailed by U.S. spectator located within a safety zone during all applicable
Coast Guard patrol personnel by siren, radio, flashing light, or effective dates and times shall come to an immediate stop.
other means, the operator of a vessel shall proceed as directed.
(3) The Patrol Commander (PATCOM) is empowered to forbid
[COTP San Francisco Bay 03-029, 69 FR 11316, Mar. 10, 2004] and control the movement of all vessels in the safety zone. The
Patrol Commander shall be designated by the cognizant Coast
165.1190 Security Zone; San Francisco Bay, Oakland Guard Sector Commander; will be a U.S. Coast Guard
Estuary, Alameda, CA. commissioned officer, warrant officer, or petty officer to act as the
(a) Location. The following area is a security zone: All navigable Sector Commander's official representative; and will be located
waters of the Oakland Estuary, California, from the surface to the aboard the lead official patrol vessel. As the Sector Commander's
sea floor, approximately 50 yards into the Oakland Estuary representative, the PATCOM may terminate the event any time it
surrounding the Coast Guard Island Pier. The perimeter of the is deemed necessary for the protection of life and property.
security zone follows the same perimeter as the floating security PATCOM may be reached on VHF-FM Channel 13 (156.65MHz)
barrier installed around the Coast Guard Island pier. The or 16 (156.8MHz) when required, by the call sign PATCOM.
perimeter of the security barrier is located along the following
coordinates: commencing at a point on land approximately 50 (4) The Patrol Commander may, upon request, allow the transit of
yards northwest of the northwestern end of the Coast Guard commercial vessels through the safety zone when it is safe to do
Island Pier at latitude 374653.60 N and longitude 1221506.10 so.
W; thence to the edge of the navigable channel at latitude
374651.83 N and longitude 1221507.47 W; thence to a (5) The Coast Guard may be assisted by other Federal, state, or
position approximately 10 yards into the charted navigation local agencies.
channel at latitude 374651.27 N and longitude 1221507.22 W;
thence closely paralleling the edge of the charted navigation

656
Table 1 to 165.1191
[All coordinates referenced use datum NAD 83]

1. San Francisco Giants Fireworks

Sponsor San Francisco Giants Baseball Team.

Event Description Fireworks display in conjunction with baseball season home games.

Date All season home games at AT&T Park.

Location 700 feet off of Pier 48, San Francisco, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 700-foot radius upon commencement of the fireworks display.

2. KFOG KaBoom

Sponsor KFOG Radio, San Francisco, CA.

Event Description Fireworks Display.

Date Second or Third Saturday in May.

Location 1,200 feet off Candlestick Point, San Francisco, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

3. Fourth of July Fireworks, City of Eureka

Sponsor City of Eureka, CA.

Event Description Fireworks Display.

Date July 4th.

Location Humboldt Bay, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

4. Fourth of July Fireworks, Crescent City

Sponsor Crescent City, CA.

Event Description Fireworks Display.

Date July 4th.

Location Crescent City Harbor, Crescent City, CA.

Regulated Area Crescent City Harbor in the navigable waters within a 700-foot radius of the launch platform located on the West Jetty.

5. Pillar Point Harbor Fireworks

Sponsor Various sponsors.

Event Description Fireworks Display.

Date July 4th.

Location Half Moon Bay, CA.

Regulated Area Pillar Point Harbor Beach.

6. Fourth of July Fireworks, Redwood City

Sponsor Various Sponsors.

Event Description Fireworks Display.

Date July 4th.

Location Redwood City, CA.

Regulated Area 600-foot radius around the fireworks launch platform located on the pier at the Port of Redwood City.

7. San Francisco Independence Day Fireworks

Sponsor The City of San Francisco.

Event Description Fireworks Display.


Date July 4th.

Location 1 A barge located approximately 1000 feet off San Francisco Pier 39 at approximately 374849 N, 1222446 W.

Location 2 Land based launch at the end of the San Francisco Municipal Pier at Aquatic Park at approximately 374838 N, 1222528 W.

Regulated Area 1 1. 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display.
Increases to a 1,000-foot radius upon commencement of the fireworks display.

Regulated Area 2 2. The area of navigable waters within a 1,000-foot radius of the launch platform located on the Municipal Pier.

8. Fourth of July Fireworks, Berkeley Marina

Sponsor Berkeley Marina.

Event Description Fireworks Display.

Date July 4th.

Location Berkeley Pier, Berkeley, CA.

Regulated Area The area of navigable waters within a 1,000-foot radius of the launch platform located on the Berkeley Pier.

9. Fourth of July Fireworks, City of Richmond

Sponsor City of Richmond.

Event Description Fireworks Display.

Date Week of July 4th.

Location Richmond Harbor, Richmond, CA.

Regulated Area The area of navigable waters within a 560-foot radius of the launch platform located at Lucretia Edwards Park.

10. Fourth of July Fireworks, City of Sausalito

Sponsor City of Sausalito.

Event Description Fireworks Display.

Date July 4th.

Location 1,000 feet off-shore from Sausalito, CA waterfront, north of Spinnaker Restaurant.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

11. Fourth of July Fireworks, City of Martinez

Sponsor City of Martinez.

Event Description Fireworks Display.

Date July 4th.

Location Carquinez Strait, CA

Regulated Area The area of navigable waters within a 560-foot radius of the launch platform located near Waterfront Park.

12. Fourth of July Fireworks, City of Antioch

Sponsor City of Antioch.

Event Description Fireworks Display.

Date July 4th.

Location San Joaquin River, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the moving fireworks
display.

13. Fourth of July Fireworks, City of Pittsburg

Sponsor City of Pittsburg.

Event Description Fireworks Display.

Date July 4th.

Location Suisun Bay, CA.

Regulated Area The area of navigable waters within a 560-foot radius of the launch platform located on a Pittsburg Marina Pier.

658
14. Delta Independence Day Celebration Fireworks

Sponsor Various Sponsors.

Event Description Fireworks Display.

Date Week of July 4th.

Location San Joaquin River, near Mandeville Island, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

15. Fourth of July Fireworks, Tahoe City, CA

Sponsor Various Sponsors.

Event Description Fireworks Display.

Date July 4th.

Location Off-shore from Common Beach, Tahoe City, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

16. Fourth of July Fireworks, Glenbrook NV

Sponsor Various Sponsors.

Event Description Fireworks Display.

Date July 4th.

Location Off-shore Glenbrook Beach, NV.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

17. Independence Day Fireworks, Kings Beach, CA

Sponsor North Tahoe Business Association.

Event Description Fireworks Display.

Date Week of July 4th.

Location Off-shore from Kings Beach, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

18. Lights on the Lake Fourth of July Fireworks, South Lake Tahoe, CA

Sponsor Various Sponsors.

Event Description Fireworks Display.

Date Week of July 4th.

Location Off South Lake Tahoe, CA near the NV Border.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

19. Red, White, and Tahoe Blue Fireworks, Incline Village, NV

Sponsor Various Sponsors.

Event Description Fireworks Display.

Date Week of July 4th.

Location 500-1,000 feet off Incline Village, NV in Crystal Bay.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

20. Labor Day Fireworks, South Lake Tahoe, CA

Sponsor Various Sponsors.

Event Description Fireworks Display.

Date Labor Day.

659
Location Off South Lake Tahoe, California near the Nevada Border.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

21. Fleet Week Fireworks

Sponsor Various Sponsors.

Event Description Fireworks Display.

Date Second Friday and Saturday in October.

Location 1,000 feet off Pier 3, San Francisco, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

22. Monte Foundation Fireworks

Sponsor Monte Foundation Fireworks.

Event Description Fireworks Display.

Date Second Saturday in October.

Location Sea Cliff State Beach Pier in Aptos, CA.

Regulated Area 1,000-foot safety zone around the navigable waters of the Sea Cliff State Beach Pier.

23. Rio Vista Bass Derby Fireworks

Sponsor Rio Vista Chamber of Commerce.

Event Description Fireworks Display.

Date Second Saturday in October.

Location 500 feet off Rio Vista, CA waterfront.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

24. San Francisco New Years Eve Fireworks

Sponsor City of San Francisco.

Event Description Fireworks Display.

Date New Years Eve, December 31st.

Location 1,000 feet off the Embarcadero near the Ferry Plaza, San Francisco, CA.

Regulated Area 100-foot radius around the fireworks launch barge during the loading of pyrotechnics aboard the fireworks barge and during the transit of the
fireworks barge from the loading location to the display location. Increases to a 1,000-foot radius upon commencement of the fireworks display.

25. Sacramento New Years Eve Fireworks

Sponsor Various Sponsors.

Event Description Fireworks Display.

Date New Years Eve, December 31st.

Location Near Tower Bridge, Sacramento River.

Regulated Area The navigable waters of the Sacramento River within 700 feet of the two shore-based launch locations in approximate positions 383448 N,
1213038 W and 383449 N, 1213029 W.

26. Jameson Beach Fourth of July Fireworks

Sponsor Various Sponsors

Event Description Fireworks Display.

Date Week of July 4th.

Location South Lake Tahoe near Jameson Beach.

Regulated Area 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases
to a 560-foot radius upon commencement of the fireworks display.

27. Feast of Lanterns Fireworks

Sponsor Feast of Lanterns, Inc.

660
Event Description Fireworks Display.

Date Last Saturday of July.

Location Near Lover's Point Park in Pacific Grove, CA.

Regulated Area The area of navigable waters within a 490-foot radius of the launch platform located on the beach near Lover's Point Park in approximate
position 363726 N, 1215454 W.
[USCG-2009-0559, 76 FR 50675, Aug. 16, 2011, as amended by USCG-2013-0362, 79 FR 9093, Feb. 18, 2014]

165.1192Security Zones; Waters surrounding San


374153 N 1221244 W
Francisco International Airport and Oakland International
Airport, San Francisco Bay, California. 374135 N 1221218 W
(a) Locations. The following areas are security zones:
374146 N 1221208 W
(1) San Francisco International Airport Security Zone. This
security zone includes all waters extending from the surface to the 374203 N 1221234 W
sea floor within approximately 200 yards seaward from the
shoreline of the San Francisco International Airport and 374208 N 1221232 W
encompasses all waters in San Francisco Bay within a line
connecting the following geographical positions 374235 N 1221230 W

374240 N 1221206 W
Latitude Longitude

373619 N 1222236 W and along the shoreline back to the beginning point.

373645 N 12212218 W (b) Regulations.

373626 N 1222130 W (1) Under 165.33, entering, transiting through, or anchoring in


this zone is prohibited unless authorized by the Coast Guard
373631 N 1222121 W Captain of the Port, San Francisco Bay, or his designated
representative.
373617 N 1222045 W
(2) Persons desiring to transit the area of a security zone may
373637 N 1222040 W
contact the Captain of the Port at telephone number 415-399-
373650 N 1222108 W 3547 or on VHF-FM channel 16 (156.8 MHz) to seek permission
to transit the area. If permission is granted, all persons and
373700 N 1222112 W vessels must comply with the instructions of the Captain of the
Port or his or her designated representative.
373721 N 1222153 W
(c) Enforcement. All persons and vessels shall comply with the
373739 N 1222144 W instructions of the Coast Guard Captain of the Port or the
designated on-scene patrol personnel. Patrol personnel comprise
373756 N 1222151 W commissioned, warrant, and petty officers of the Coast Guard
onboard Coast Guard, Coast Guard Auxiliary, local, state, and
373750 N 1222220 W federal law enforcement vessels. Upon being hailed by U.S.
Coast Guard patrol personnel by siren, radio, flashing light, or
373825 N 1222254 W other means, the operator of a vessel shall proceed as directed.
373823 N 1222301 W [COTP San Francisco Bay 03-009, 69 FR 34282, June 21, 2004]

and along the shoreline back to the beginning point. 165.1195 Regulated Navigation Area; Humboldt Bay Bar
Channel and Humboldt Bay Entrance Channel, Humboldt Bay,
(2) Oakland International Airport Security Zone. This security California.
zone includes all waters extending from the surface to the sea (a) Location. The Regulated Navigation Area (RNA) includes all
floor within approximately 200 yards seaward from the shoreline navigable waters of the Humboldt Bay Bar Channel and the
of the Oakland International Airport and encompasses all waters Humboldt Bay Entrance Channel, Humboldt Bay, California.
in San Francisco Bay within a line connecting the following
geographical positions (b) Definitions. As used in this section

COTP means the Captain of the Port as defined in Title 33, Code
Latitude Longitude of Federal Regulations, Section 1.01-30 and 3.55-20.
374335 N 1221500 W
Sector means Coast Guard Sector/Air Station Humboldt Bay.
374340 N 1221505 W
Sector Commander means the Commanding Officer of Coast
374334 N 1221512 W Guard Sector/Air Station Humboldt Bay.

374324 N 1221511 W Hazardous material means any of the materials or substances


listed in 46 CFR 153.40.
374154 N 1221305 W
Humboldt Bay Area means the area described in the location
374151 N 1221248 W section of this regulation.

661
Oil means oil of any kind or in any form, including but not limited (5) Vessels to which this regulation applies may be required by
to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with the Sector Commander or his designated representative to be
wastes other than dredged spoil. escorted by a Coast Guard vessel during their transit. In addition,
if a vessel master, agent, or pilot has concerns about the safety of
Station means Coast Guard Station Humboldt Bay. a vessel's transit through the Humboldt Bay Entrance Channel, a
Coast Guard escort may be requested. Requests for an escort
Tank Vessel means any vessel that is constructed or adapted to should be directed to Station on VHF-FM channel 16 or at (707)
carry, or that carries, oil or hazardous material in bulk as cargo or 443-2213 between 6:30 a.m. and 10 p.m., or to Sector on VHF-
cargo residue. FM channel 16 or at (707) 839-6113 if between 10 p.m. and 6:30
a.m.
(c) Applicability. These regulations apply to the owners and
operators of tank vessels transporting oil or hazardous material as (e) Enforcement. Acting as a representative of the Captain of the
cargo within the Humboldt Bay Area. Port, the Humboldt Bay Sector Commander will enforce this
regulation and has the authority to take steps necessary to ensure
(d) Regulations. the safe transit of vessels in Humboldt Bay. The Sector
Commander can enlist the aid and cooperation of any Federal,
(1) In addition to the arrival and departure notification State, county, and municipal agency to assist in the enforcement
requirements listed in title 33 CFR, part 160, Ports and of the regulation. All persons and vessels shall comply with the
Waterways SafetyGeneral, subpart CNotifications of Arrivals, instructions of the Sector Commander or the designated on-scene
Departures, Hazardous Conditions, and Certain Dangerous patrol personnel. Patrol personnel comprise commissioned,
Cargoes, the owner, master, agent or person in charge of a warrant, and petty officers of the Coast Guard onboard Coast
vessel to which this notice applies shall obtain permission to cross Guard, Coast Guard Auxiliary, local, State, and Federal law
within four hours of crossing the Humboldt Bay Bar. Between 6:30 enforcement vessels.
a.m. and 10 p.m., notification/requests for permission can be
made to Station Humboldt Bay on VHF-FM Channel 16, or at (707) Upon being hailed by U.S. Coast Guard patrol personnel by siren,
443-2213. If between 10 p.m. and 6:30 a.m., or if unable to reach radio, flashing light, or other means, the operator of a vessel shall
the Station, notification/requests for permission can be made proceed as directed.
directly to Sector/Air Station Humboldt Bay on VHF-FM Channel
16 or at (707) 839-6113. [CGD11-05-006, 70 FR 49492, Aug. 24, 2005]

(2) Permission for a bar crossing by vessels or towing vessels 165.1197 Security Zones; San Francisco Bay, San Pablo Bay,
and their tows to which this regulation applies is dependent on Carquinez Strait, Suisun Bay, California.
environmental and safety factors, including but not limited to: Sea (a) Locations. The following areas are security zones:
state, winds, visibility, size and type of vessel or tow, wave period,
time of day/night, and tidal currents. The final decision to close (1) Chevron Long Wharf, San Francisco Bay. This security
the bar rests with Humboldt Bay Sector Commander or his zone includes all waters extending from the surface to the sea
designated representative. At a minimum, Humboldt Bay Bar floor within approximately 100 yards of the Chevron Long Wharf,
Channel crossings by vessels subject to this advisory will Richmond, CA, and encompasses all waters in San Francisco
generally not be permitted unless all of the following conditions Bay within a line connecting the following geographical
exist: Proper permission to cross has been received, sea positions
conditions at the bar are less than 6 feet, winds at the bar are less
than 30 knots, the transit will take place during daylight hours, the
vessel has only a single tow or no tow, the visibility at the bar is
greater than 1,000 yards, and the vessel and tow are in proper Latitude Longitude
operating condition.
375552.2 N 1222404.7 W
(3) If the bar is closed to vessels to which this regulation applies,
375541.8 N 1222407.1 W
waiver requests will be accepted within four hours of crossing the
entrance channel. If the waiver request is made between 6:30 a.m.
375526.8 N 1222435.9 W
and 10 p.m., the request should be made to Station Humboldt
Bay on VHF-FM Channel 16, or at (707) 443-2213. If between 10 375547.1 N 1222455.5 W
p.m. and 6:30 a.m., or if unable to reach the Station, the request
can be made directly to Sector/Air Station Humboldt Bay on VHF- 375542.9 N 1222503.5 W
FM Channel 16 or at (707) 839-6113. Waiver requests must be
made by the vessel master and must provide the following: A 375511.2 N 1222432.8 W
description of the proposed operation, the conditions for which the
waiver is requested, the reasons for requesting the waiver, the 375514.4 N 1222427.5 W
reasons that the requester believes the proposed operation can
be accomplished safely, and a callback phone number. The 375519.7 N 1222423.7 W
Station or Sector Watchstander receiving the request will brief the
Officer in Charge of the Station who will then brief the Sector 375522.2 N 1222426.2 W
Commander. The authority to grant waivers rests with the Sector
Commander or his designated representative. 375538.5 N 1222356.9 W

(4) In addition to the requirements in paragraphs (d)(1)-(3) of this 375547.8 N 1222353.3 W


section, vessels transporting liquefied hazardous gases or
compressed hazardous gases in bulk as cargo into or out of and along the shoreline back to the beginning point.
Humboldt Bay are required to be aided by two assist tugs. If the
vessel carrying the gases is towed, the assist tug requirement is (2) Conoco-Phillips, San Pablo Bay. This security zone includes
in addition to the towing tug. The assist tugs shall escort the all waters extending from the surface to the sea floor within
vessel through its transit and must be stationed so as to provide approximately 100 yards of the Conoco-Phillips Wharf, Rodeo,
immediate assistance in response to the loss of power or steering CA, and encompasses all waters in San Pablo Bay within a line
of the cargo vessel, its towing tug, or loss of control over the tow. connecting the following geographical positions

662
waters extending from the surface to the sea floor within
Latitude Longitude
approximately 100 yards of the Valero Pier, Benicia, CA, and
380306.0 N 1221532.4 W encompasses all waters in the Carquinez Strait within a line
connecting the following geographical positions
380320.7 N 1221535.8 W
Latitude Longitude
380321.8 N 1221529.8 W
380237.6 N 1220751.5 W
380329.1 N 1221531.8 W
380234.7 N 1220748.9 W
380323.8 N 1221555.8 W
380244.1 N 1220734.9 W
380316.8 N 1221553.2 W
380248.0 N 1220737.9 W
380318.6 N 1221545.2 W
380247.7 N 1220742.1 W
380304.0 N 1221542.0 W

and along the shoreline back to the beginning point.


and along the shoreline back to the beginning point.
(6) Avon Pier, Suisun Bay. This security zone includes all waters
(3) Shell Terminal, Carquinez Strait. This security zone includes extending from the surface to the sea floor within approximately
all waters extending from the surface to the sea floor within 100 yards of the Avon Pier, Martinez, CA, and encompasses all
approximately 100 yards of the Shell Terminal, Martinez, CA, and waters in Suisun Bay within a line connecting the following
encompasses all waters in San Pablo Bay within a line connecting geographical positions
the following geographical positions

Latitude Longitude
Latitude Longitude
380224.6 N 1220452.9 W
380139.8 N 1220740.3 W
380254.0 N 1220519.5 W
380154.0 N 1220743.0 W
380255.8 N 1220516.1 W
380156.9 N 1220737.9 W
380302.1 N 1220519.4 W
380202.7 N 1220742.6 W
380255.1 N 1220542.6 W
380149.5 N 1220808.7 W
380248.8 N 1220539.2 W
380143.7 N 1220804.2 W
380252.4 N 1220527.7 W
380150.1 N 1220750.5 W
380246.5 N 1220522.4 W
380136.3 N 1220747.6 W

and along the shoreline back to the beginning point.


and along the shoreline back to the beginning point.
(b) Regulations.
(4) Amorco Pier, Carquinez Strait. This security zone includes
all waters extending from the surface to the sea floor within (1) In accordance with the general regulations in 165.33, entry
approximately 100 yards of the Amorco Pier, Martinez, CA, and into the security zones described in paragraph (a) of this section
encompasses all waters in the Carquinez Strait within a line is prohibited, unless specifically authorized by the Captain of the
connecting the following geographical positions Port San Francisco Bay, or his designated representative.

Latitude Longitude (2) Persons desiring to transit the area of a security zone may
contact the Captain of the Port at telephone number 415-399-
380203.1 N 1220711.9 W 3547 or on VHF-FM channel 16 (156.8 MHz) to seek permission
to transit the area. If permission is granted, all persons and
380205.6 N 1220718.9 W vessels must comply with the instructions of the Captain of the
Port or his designated representative.(c) Enforcement. The U.S.
380207.9 N 1220714.9 W Coast Guard may be assisted in the patrol and enforcement of
these security zones by federal, state and local law enforcement
380213.0 N 1220719.4 W as necessary.
380205.7 N 1220735.9 W [COTP San Francisco Bay 05-007, 71 FR 12138, Mar. 9, 2006]
380200.5 N 1220731.1 W
165.1198Safety zone; Military Ocean Terminal Concord
Safety Zone, Suisun Bay, Military Ocean Terminal Concord,
380201.8 N 1220727.3 W
CA.
380155.0 N 1220711.0 W (a) Location. This safety zone is established in the navigable
waters of Suisun Bay near Military Ocean Terminal Concord, CA
(MOTCO) as depicted in National Oceanic and Atmospheric
and along the shoreline back to the beginning point. Administration (NOAA) Chart 18656. Upon commencement of
military onloads and offloads, the safety zone will encompass the
(5) Valero, Carquinez Strait. This security zone includes all navigable waters in the area between 500 yards of MOTCO Pier 2

663
in position 380330 N, 1220114 W (NAD 83) as depicted in designated representative.
National Oceanic and Atmospheric Administration (NOAA) Chart
18656 (the perimeter of the existing security zone) and 3,000 (c) Enforcement. All persons and vessels must comply with the
yards of the pier. instructions of the Coast Guard Captain of the Port or the
designated on-scene patrol personnel. Patrol personnel comprise
(b) Enforcement period. The zone described in paragraph (a) of commissioned, warrant, and petty officers of the Coast Guard
this section will be enforced during all military onload and offload onboard Coast Guard, Coast Guard Auxiliary, local, state, and
operations. The Captain of the Port San Francisco (COTP) will federal law enforcement vessels. The U.S. Coast Guard may be
notify the maritime community of periods during which this zone assisted in the patrol and enforcement of the security zones by
will be enforced via actual notice on-scene during military onloads local law enforcement and the MOTCO police as necessary.
and offloads. Upon being hailed by U.S. Coast Guard patrol personnel by siren,
radio, flashing light, or other means, the operator of a vessel must
(c) Regulations. proceed as directed.

(1) The safety zone is open to all persons and vessels for (d) Notice of enforcement or suspension of enforcement of
transitory use. security zone(s). The COTP San Francisco Bay will cause
notification of enforcement of the security zone(s) to be made by
(2) Persons and vessels operating within the safety zone may not issuing a Local Notice to Mariners and a Broadcast Notice to
anchor or otherwise loiter within the safety zone. Mariners to inform the affected segments of the public. During
periods that the security zone(s) are being enforced, Coast Guard
(3) Vessel operators desiring to anchor or otherwise loiter within patrol personnel will notify mariners to keep out of the security
the safety zone must contact Sector San Francisco Vessel Traffic zone(s) as they approach the area. In addition, Coast Guard
Service at (415) 556-2760 or VHF Channel 14 to obtain Sector San Francisco Bay maintains a telephone line that is
permission. maintained 24 hours a day, 7 days a week. The public can
contact Sector San Francisco Bay at (415) 399-3530 to obtain
(4) All persons and vessels transiting through or operating within information concerning enforcement of this rule. When the
the safety zone must comply with all directions given to them by security zone(s) are no longer needed, the COTP will cease
the COTP or a designated representative. enforcement of the security zone(s) and issue a Broadcast Notice
to Mariners to notify the public. Upon notice of suspension of
(5) The public can contact Sector San Francisco Bay at (415) enforcement, all persons and vessels are granted general
399-3530 to obtain information concerning enforcement of this permissions to enter, move within and exit the security zone(s).
rule.
[COTP San Francisco Bay 04-007, 70 FR 3301, Jan. 24, 2005]
(d) Enforcement. All persons and vessels must comply with the
instructions of the COTP or the designated on-scene patrol Thirteenth Coast Guard District
personnel. Patrol personnel comprise commissioned, warrant,
and petty officers of the Coast Guard onboard Coast Guard, 165.1301 Puget Sound, And Adjacent Waters In
Coast Guard Auxiliary, local, state, and federal law enforcement Northwestern Washington-Regulated Navigation Area.
vessels. The U.S. Coast Guard may be assisted in the patrol and The following is a regulated navigation area-All of the following
enforcement of the safety zone by local law enforcement and the northwestern Washington waters under the jurisdiction of the
MOTCO police as necessary. Upon being hailed by U.S. Coast Captain of the Port, Puget Sound: Puget Sound, Hood Canal,
Guard patrol personnel by siren, radio, flashing light, or other Possession Sound, Elliott Bay, Commencement Bay, the San
means, the operator of a vessel must proceed as directed. Juan Archipelago, Rosario Strait, Guemes Channel, Bellingham
Bay, U.S. waters of the Strait of the Strait of Juan de Fuca, Haro
[USCG-2012-1008, 78 FR 5720, Jan. 28, 2013] Strait, Boundary Pass, and Georgia Strait, and all lesser bays and
harbors adjacent to the above.
165.1199 Security Zones; Military Ocean Terminal Concord
(MOTCO), Concord, California. (a) Definitions as used in this section:
(a) Location. The security zone(s) encompass the navigable
waters of Suisun Bay, California, extending from the surface to (1) Vessels engaged in fishing are as identified in the definition
the sea floor, within 500 yards of the three Military Ocean found in Rule 3 of the International Regulations for Prevention of
Terminal Concord (MOTCO) piers in Concord, California. Collisions at Sea, 1972, (72 COLREGS), found in Appendix A,
Part 81 of this chapter.
(b) Regulations.
(2) Hazardous levels of vessel traffic congestion are as
(1) The Captain of the Port (COTP) San Francisco Bay will defined at the time by Puget Sound Vessel Traffic Service.
enforce the security zone(s) established by this section during
military onload or offload operations only upon notice. Upon (b) Nothing in this section shall be construed as relieving any
notice of enforcement by the COTP, entering, transiting through party from their responsibility to comply with applicable rules set
or anchoring in the zone(s) is prohibited unless authorized by the forth in the 72 COLREGS.
COTP or his designated representative. Upon notice of
suspension of enforcement by the COTP, all persons and vessels (c) General Regulations: The provisions of this paragraph apply
are granted general permissions to enter, transit, and exit the at all times.
security zone(s).
(1) Vessels engaged in fishing or other operations-that are distinct
(2) If more than 1 pier is involved in onload or offload operations from vessels following a TSS or a connecting precautionary area
at the same time, the 500-yard security zone for each involved east of New Dungeness and which are not required by the Bridge
pier will be enforced. to Bridge Radiotelephone Regulations to maintain a listening
watch, are highly encouraged to maintain a listening watch on the
(3) Persons desiring to transit the area of a security zone may Puget Sound Vessel Traffic Service (PSVTS) VHF-FM radio
contact the Patrol Commander on scene on VHF-FM channel 13 frequency for the area in which the vessel is operating. A safe
or 16 or the COTP at telephone number 415-399-3547 to seek alternative to the radio listening watch is to stay clear of the TSS
permission to transit the area. If permission is granted, all persons and connecting precautionary area.
and vessels must comply with the instructions of the COTP or his

664
(2) Vessels engaged in gill net fishing at any time between sunset (3) In an emergency, the master, pilot, or person directing the
and sunrise in any of the waters defining the regulated navigation movement of the vessel following the TSS may deviate from this
are of this section shall, in addition to the navigation lights and section to the extent necessary to avoid endangering persons,
shapes required by Part 81 of this title (72 COLREGS), display at property, or the environment, and shall report the deviation to the
the end of the net most distant from the vessel on all-round (32- VTC as soon as possible.
point) white light visible for a minimum of two nautical miles and
displayed from at least three feet above the surface of the water. [CGD13 83-12, 49 FR 32179, Aug. 13, 1984; 59 FR 44318, Aug.
29, 1994; 63 FR 7707, Feb. 17, 1998]
(3) Vessels engaged in fishing, including gillnet and purse seine
fishing, are prohibited in the following Prohibited Fishing Area: 165.1302 Bangor Naval Submarine Base, Bangor, WA.
The Hood Canal Bridge, to include the waters within a one-half (a) Location. The following is a security zone:
nautical mile radius of the center of the main ship channel draw
span during the immediate approach and transit of the draw by The waters of the Hood Canal encompassed by a line
public vessels of the United States. commencing on the east shore of Hood Canal at latitude
4743'17" N., longitude 12244'44" W., thence to latitude
(4) East of New Dungeness, vessels engaged in fishing in a traffic 4743'32" N., longitude 12244'40" W.; thence to latitude
lane or connecting precautionary area shall tend nets or other 4743'50" N., longitude 12244'40" W.; thence to latitude
gear placed in the water so as to facilitate the movement of the
4744'24" N., longitude 12244'22" W.; thence to latitude
vessel or gear from the traffic lane or precautionary area upon the
approach of a vessel following the TSS. 4745'47" N., longitude 12243'22" W.; thence to latitude
4746'23" N., longitude 12242'42" W.; thence to latitude
(d) Congested Regulations: The provisions under this 4746'23" N., longitude 12242'20" W.; thence to latitude
paragraph apply only when imposed in specific locations by Puget 4746'20" N., longitude 12242'12" W.:
Sound Vessel Traffic Service. They are intended to enhance thence southerly along the shoreline to the point of beginning.
vessel traffic safety during periods and in locations where
hazardous levels of vessel traffic congestion are deemed to exist (b) Security zone anchorage. The following is a security zone
by Puget Sound Vessel Traffic Service. Operations potentially anchorage: Area No. 2. Waters of Hood Canal within a circle of
creating vessel traffic congestion include, but are not limited to, 1,000 yards diameter centered on a point located at latitude
vessels engaged in fishing, including gillnet or purse seine, 4746'26" N., longitude 12242'49" W.
recreational fishing derbies, regattas, or permitted marine events.
(c)(1) Special Regulations. Section paragraphs, (a), (e), and (f)
(1) Vessels engaged in fishing or other operations-that are distinct do not apply to the following vessels or individuals on board those
from vessels following a Traffic Separation Scheme (TSS) or a vessels:
connecting precautionary area east of New Dungeness, may not
remain in, nor their gear remain in, a traffic lane or a connecting (1)(i) Public vessels of the United States, other than United States
precautionary area east of New Dungeness when a vessel Naval vessels.
following a TSS approaches. Such vessels not following a TSS or
a connecting precautionary area shall draw in their gear, (1)(ii) Vessels that are performing work at Naval Submarine Base
maneuver, or otherwise clear these areas so that their action is Bangor pursuant to a contract with the United States Navy which
complete at least fifteen minutes before the arrival of a vessel requires their presence in the security zone.
following the TSS. Vessels which are required by this paragraph
to remain clear of a connecting precautionary area east of New (1)(iii) Any other vessels or class of vessels mutually agreed upon
Dungeness or a traffic lane must also remain clear of the adjacent in advance by the Captain of the Port and Commanding Officer,
separation zone when in a TSS east of New Dungeness. Naval Submarine Base Bangor. Vessels operating in the security
zone under this exemption must have previously obtained a copy
(2) A vessel following the TSS may not exceed a speed of 11 of a certificate of exemption permitting their operation in the
knots through the water. security zone from the Security Office, Naval Submarine Base
Bangor. This written exemption shall state the date(s) on which it
(3) Vessels engaged in fishing, including gillnet and purse seine is effective and may contain any further restrictions on vessel
fishing, are prohibited in the following Prohibited Fishing Area: operations within the security zone as have been previously
Edmonds/Kingston ferry crossing lanes, to include the waters agreed upon by the Captain of the Port and Commanding Officer,
within one-quarter nautical mile on either side of a straight line Naval Submarine Base Bangor. The certificate of exemption shall
connecting the Edmonds and Kingston ferry landings during the be maintained on board the exempted vessel so long as such
hours that the ferry is operating. vessel is operating in the security zone.

(e) Authorization to deviate from this section. (2) Any vessel authorized to enter or remain in the security zone
(1) Commander, Thirteenth Coast Guard District may, upon may anchor in the security zone anchorage.
written request, issue an authorization to deviate from this section
if the proposed deviation provides a level of safety equivalent to (3) Other vessels desiring access to this zone shall secure
or beyond that provided by the required procedure. An application permission from the Captain of the Port through the Security
for authorization must state the need for the deviation and Office of the Naval Submarine Base Bangor. The request shall be
describe the proposed alternative operation. forwarded in a timely manner to the Captain of the Port by the
appropriate Navy official.
(2) PSVTS may, upon verbal request, authorize a deviation from
this section for a voyage, or part of a voyage, if the proposed (d) Enforcement. The U.S. Coast Guard may be assisted in the
deviation provides a level of safety equivalent to or beyond that patrol and monitoring of this security zone by the U.S. Navy.
provided by the required procedure. The deviation request must
be made well in advance to allow the requesting vessel and the [CDG13 87-06, 52 FR 47924, Dec. 17, 1987]
Vessel Traffic Center (VTC) sufficient time to assess the safety of
the proposed deviation. Discussions between the requesting 165.1303 Puget Sound And Adjacent Waters, WA-Regulated
vessel and the VTC should include, but are not limited to, Navigation Area.
information on vessel handling characteristics, traffic density, (a) The following is a regulated navigation area: the waters of
radar contracts, and environmental conditions. the United States east of a line extending from Discovery Island

665
Light to New Dungeness Light and all points in the Puget Sound Washington State Agencies. USEPA managed remedial design,
area north and south of these lights. remedial action, habitat mitigation, or monitoring activities
associated with the Wyckoff/Eagle Harbor Superfund Site are
(b) Regulations. excluded from the waiver requirement. USEPA is required,
however, to alert the Coast Guard in advance concerning any of
(1) Tank vessel navigation restrictions: Tank vessels larger than the above-mentioned activities that may, or will, take place in the
125,000 deadweight tons bound for a port or place in the United Regulated Area.
States may not operate in the regulated navigation area. [64 FR 72559, Dec. 28, 1999]

(2) Commander, Thirteenth Coast Guard District may, upon 165.1310 Strait Of Juan De Fuca And Adjacent Coastal
written request, issue an authorization to deviate from paragraph Waters Of Northwest Washington; Makah Whale Hunting-
(b)(1) of this section if it is determined that such deviation Regulated Navigation Area.
provides an adequate level of safety. Any application for (a) The following area is a Regulated Navigation Area (RNA):
authorization must state the need and fully describe the proposed From 4802.25'N, 12442.1'W northward along the mainland
procedure. shoreline of Washington State to Cape Flattery and thence
eastward along the mainland shoreline of Washington State to
(c) Precautionary Area Regulations. 4822'N, 12434'W; thence due north to 4824.55'N, 12434'W;
thence northwesterly to 4827.1'N, 12441.7'W; thence due west
(1) A vessel in a precautionary area which is depicted on National to 4827.1'N, 12445.5'W; thence southwesterly to 4820.55'N,
Oceanic and Atmospheric Administration (NOAA) nautical charts, 12451.05'W, thence west south west to 4818.0'N 12459.0'W,
except precautionary "RB" (a circular area of 2,500 yards radius thence due south to 4802.25'N, 12459.0'W) thence due east
centered at 48-26'24" N., 122-45'12" W.), must keep the center of back to the shoreline of Washington at 4802.25'N, 12442.1'W.
the precautionary area to port. Datum: NAD 1983.

Note: The center of precautionary area "RB" is not marked by a (b) During a whale hunt, while the international numeral pennant
buoy. five (5) is flown by a Makah whale hunt vessel, the following area
within the RNA is a Moving Exclusion Zone: The column of water
(2) The Puget Sound Vessel Traffic Service (PSVTS) may, upon from the surface to the seabed with a radius of 500 yards
verbal request, authorize a onetime deviation from paragraph centered on the Makah whale hunt vessel displaying international
(c)(1) of this section for a voyage, or part of a voyage, if the numeral pennant five (5). This Moving Exclusionary Zone is
proposed deviation provides a level of safety equivalent to or activated only when surface visibility exceeds one nautical mile,
beyond that provided by the required procedure. The deviation between sunrise and sunset, and the Makah whale hunt vessel
request must be made well in advance to allow the requesting displays the international numeral pennant five (5). The Moving
vessel and the Vessel Traffic Center (VTC) sufficient time to Exclusionary Zone is deactivated upon sunset, visibility is reduced
assess the safety of the proposed deviation. Discussions between to less than one nautical mile, or when the Makah hunt vessel
the requesting vessel and the VTC should include, but are not strikes international numeral pennant five (5).
limited to, information on the vessel handling characteristics,
traffic density, radar contacts, and environmental conditions. (c) Unless otherwise authorized by the Commander, Thirteenth
Coast Guard District or his or her representative, no person or
(3) In an emergency, the master, pilot, or person directing the vessel may enter the active Moving Exclusionary Zone except for:
movement of the vessel may deviate from paragraph (c)(1) of this
section to the extent necessary to avoid endangering persons, (1) Authorized Makah whale hunt vessel actively engaged in
property, or the environment, and shall report the deviation to the hunting operations under direction of the master of the Makah
VTC as soon as possible. vessel flying international numeral pennant five (5), and

[59 FR 36316, July 15, 1994; 62 FR 23659, May 1, 1997; 62 FR (2) A single authorized media pool vessel operating in accordance
35392, July 1, 1997] with paragraph (f) of this section.

165.1309 Eagle Harbor, Bainbridge Island, WA. (d) The international numeral pennant five (5) is only authorized to
(a) Regulated area. A regulated navigation area is established on be displayed from one Makah whale hunt vessel during actual
that portion of Eagle Harbor bounded by a line beginning at: 47 whale hunt operations. No other vessels may display this pennant
36' 56" N, 122 30' 36" W; thence to 47 37' 11" N, 122 30' 36" W; within the RNA at any time. Whale hunt operations commence
thence to 47 37' 25" N, 122 30' 17" W; thence to 47 37' 24" N, when a whale hunt vessel is underway and its master intends to
122 30' 02" W; thence to 47 37' 16" N, 122 29' 55" W; thence to have a whale killed during the voyage. Whale hunt operations
47 37' 03" N, 122 30' 02" W; thence returning along the cease once this intent is abandoned, a whale is landed, or when
shoreline to point of origin. [Datum NAD 1983]. the international numeral pennant five (5) is struck.

(b) Regulations. All vessels and persons are prohibited from (e) The Makah Tribe shall make SECURITE broadcasts beginning
anchoring, dredging, laying cable, dragging, seining, bottom one half hour before the commencement of concluded. This
fishing, conducting salvage operations, or any other activity which broadcast shall be made on channel 16 VHF-FM and state: A
could potentially disturb the seabed in the designated area. whale hunt is proceeding today within the Regulated Navigation
Vessels may otherwise transit or navigate within this area without Area established for Makah whaling activities. The (name of
reservation. vessel) is a (color and description of vessel) and will be flying
international numeral pennant five (5) while engaged in whaling
(c) Waiver. The Captain of the Port, Puget Sound, upon advice operations. This pennant is yellow and blue in color. Mariners are
from the U.S. EPA Project Manager and the Washington State required by federal regulation to stay 500 yards away from (name
Department of Natural Resources, may, upon written request, of vessel), and are strongly urged to remain even further away
authorize a waiver from this section if it is determined that the from whale hunt activities as an additional safety measure.
proposed operation supports USEPA remedial objectives, or can
be performed in a manner that ensures the integrity of the (f)
sediment cap. A written request must describe the intended
operation, state the need, and describe the proposed (1) Credentialed members of the media interested in entering the
precautionary measures. Requests should be submitted in Moving Exclusionary Zone may request permission to operate a
triplicate, to facilitate review by U.S. EPA, Coast Guard, and single media vessel in the Moving Exclusionary Zone by

666
telephoning Coast Guard Public Affairs, as soon as practicable at Captain of the Port Puget Sound will cause notice of the
(206) 220-7237 during normal working hours, and (206) 220-7001 enforcement of the tank ship security zone to be made by all
after hours. Coast Guard preauthorization is required prior to appropriate means to effect the widest publicity among the
entry into the Moving Exclusionary Zone by a single media pool affected segments of the public including publication in the
vessel. Federal Register as practicable, in accordance with 33 CFR
165.7(a). Such means of notification may also include but are not
(2) The media pool vessel must be a U.S. documented vessel. limited to, Broadcast Notice to Mariners or Local Notice to
The media pool vessel must be under command at all times within Mariners. The Captain of the Port Puget Sound will issue a
the Moving Exclusionary zone by a master holding a license or Broadcast Notice to Mariners and Local Notice to Mariners
merchant mariner credential issued in the U.S. to carry passenger notifying the public when enforcement of the tank ship security
for hire. All expenses, liabilities and risks associated with zone is suspended.
operation of the media pool vessel lie with members of the pool
and the pool vessel owners and operators. (b) The following definitions apply to this section:

(3) The master of the media pool vessel shall maneuver to avoid (1) Federal Law Enforcement Officer means any employee or
positioning the pool vessel between whales and hunt vessel(s), agent of the United States government who has the authority to
out of the line of fire, at a prudent distance and location relative to carry firearms and make warrantless arrests and whose duties
whale hunt operations, and in a manner that avoids hindering the involve the enforcement of criminal laws of the United States.
hunt or path of the whale in any way.
(2) Navigable waters of the United States means those waters
(4) Although permitted to maneuver within the Moving defined as such in 33 CFR part 2.
Exclusionary Zone, personnel aboard the media pool vessel are
still required to follow safety and law enforcement related (3) Navigation Rules means the Navigation Rules, International-
instructions of Coast Guard personnel. Inland.

[63 FR 52603, October 1, 1998; 64 FR 61209, Nov. 10, 1999] (4) Official patrol means those persons designated by the
Captain of the Port to monitor a tank ship security zone, permit
165.1311 Olympic View Resource Area, Tacoma, WA. entry into the zone, give legally enforceable orders to persons or
(a) Regulated area. A regulated navigation area is established on vessels with in the zone and take other actions authorized by the
that portion of Commencement Bay bounded by a line beginning Captain of the Port. Persons authorized in paragraph (k) to
at: enforce this section are designated as the official patrol.

471540.19753 N, 1222609.27617 W; thence to (5) Public vessel means vessels owned, chartered, or operated
471542.21070 N, 1222610.65290 W; thence to by the United States, or by a State or political subdivision thereof.
471541.84696 N, 1222611.80062 W; thence to
(6) Tank ship security zone is a regulated area of water,
471545.57725 N, 1222614.35173 W; thence to established by this section, surrounding tank ships for a 500-yard
471553.06020 N, 1222606.61366 W; thence to radius that is necessary to provide for the security of these
471546.74493 N, 1222602.50574 W;thence vessels.
returning along the shoreline to the point of origin.
[Datum NAD 1983]. (7) Tank ship means a self-propelled tank vessel that is
constructed or adapted primarily to carry oil or hazardous material
(b) Regulations. All vessels and persons are prohibited from in bulk as cargo or cargo residue in the cargo spaces. The
anchoring, dredging, laying cable, dragging, seining, bottom definition of tank ship does not include tank barges.
fishing, conducting salvage operations, or any other activity which
could potentially disturb the seabed in the designated area. (8) Washington Law Enforcement Officer means any General
Vessels may otherwise transit or navigate within this area without Authority Washington Peace Officer, Limited Authority
reservation. Washington Peace Officer, or Specially Commissioned
Washington Peace Officer as defined in Revised Code of
(c) Waiver. The Captain of the Port, Puget Sound, upon advice Washington section 10.93.020.
from the United States Environmental Protection Agency (USEPA)
Project Manager and the Washington State Department of Natural (c) Security zone: There is established a tank ship security zone
Resources, may, upon written request, authorize a waiver from extending for a 500-yard radius around all tank ships located in
this section if it is determined that the proposed operation the navigable waters of the United States in Puget Sound, WA,
supports USEPA remedial objectives, or can be performed in a east of 123 degrees, 30 minutes West Longitude. [Datum: NAD
manner that ensures the integrity of the sediment cap. A written 1983]
request must describe the intended operation, state the need, and
describe the proposed precautionary measures. Requests shall (d) Compliance: The tank ship security zone established by this
be submitted in triplicate, to facilitate review by USEPA, Coast section remains in effect around tank ships at all times, whether
Guard, and Washington State Agencies. USEPA managed the tank ship is underway, anchored, or moored. Upon notice of
remedial design, remedial action, habitat mitigation, or monitoring enforcement by the Captain of the Port Puget Sound, the Coast
activities associated with the Olympic View Resource Area Guard will enforce the tank ship security zone in accordance with
Superfund Site are excluded from the waiver requirement. rules set out in this section. Upon notice of suspension of
USEPA is required, however, to alert the Coast Guard in advance enforcement by the Captain of the Port Puget Sound, all persons
concerning any of the above-mentioned activities that may, or will, and vessels are authorized to enter, transit, and exit the tank ship
take place in the Regulated Area. security zone, consistent with the Navigation Rules.

[CGD13-02-016, 68 FR 17735, Apr. 11, 2003] (e) The Navigation Rules shall apply at all times within a tank
ship security zone.
165.1313 Security Zone Regulations, Tank Ship Protection,
Puget Sound And Adjacent Waters, Washington. (f) When within a tank ship security zone all vessels shall
(a) Notice of enforcement or suspension of enforcement. The operate at the minimum speed necessary to maintain a safe
tank ship security zone established by this section will be course and shall proceed as directed by the on-scene official
enforced only upon notice by the Captain of the Port Puget Sound. patrol or tank ship master. No vessel or person is allowed within

667
100 yards of a tank ship, unless authorized by the on-scene minutes 52 seconds West.
official patrol or tank ship master.
(ii) Enforcement date. Every July 4th.
(g) To request authorization to operate within 100 yards of a
tank ship, contact the on-scene official patrol or tank ship master (4) Cedco Inc. Fireworks Display, North Bend, OR
on VHF-FM channel 16 or 13.
(i) Location. Waters on the Coos River bounded by shoreline to
(h) When conditions permit, the on-scene official patrol or tank the east and west and 1000 feet of water to the north and south of
ship master should: the launching barge which is centered at 43 degrees 23 minutes
45 seconds North, 124 degrees 12 minutes 50 seconds West.
(1) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to pass within 100 yards of a (ii) Enforcement period. One day in early July.
tank ship in order to ensure a safe passage in accordance with
the Navigation Rules; (5) Astoria 4th of July Fireworks, Astoria, OR

(2) Permit commercial vessels anchored in a designated (i) Location. All waters of the Columbia River at Astoria, Oregon
anchorage area to remain at anchor when within 100 yards of a enclosed by the following points: North from the Oregon shoreline
passing tank ship; and at 123 degrees 50 minutes 1 second West to 46 degrees 11
minutes 50 seconds North, thence east to 123 degrees 49
(3) Permit vessels that must transit via a navigable channel or minutes 15 seconds West, thence south to the Oregon shoreline
waterway to pass within 100 yards of a moored or anchored tank and finally westerly along the Oregon shoreline to the point of
ship with minimal delay consistent with security. origin.

(i) Exemption. Public vessels as defined in paragraph (b) of this (ii) Enforcement period. One day in early July.
section are exempt from complying with paragraphs (c), (d), (f),
(g), (h), (j), and (k) of this section. (6) Oregon Food Bank Blues Festival Fireworks, Portland, OR

(j) Exception. 33 CFR Part 161 promulgates Vessel Traffic (i) Location. Waters on the Willamette River bounded by the
Service regulations. Measures or directions issued by Vessel Hawthorne Bridge to the north, Marquam Bridge to the south, and
Traffic Service Puget Sound pursuant to 33 CFR Part 161 shall shoreline to the east and west.
take precedence over the regulations in this section.
(ii) Enforcement period. One day in early July.
(k) Enforcement. Any Coast Guard commissioned, warrant or
petty officer may enforce the rules in this section. In the navigable (7) Oregon Symphony Concert Fireworks Display, Portland,
waters of the United States to which this section applies, when OR
immediate action is required and representatives of the Coast
Guard are not present or not present in sufficient force to provide (i) Location. All waters of the Willamette River bounded by the
effective enforcement of this section in the vicinity of a tank ship, Hawthorne Bridge to the north, Marquam Bridge to the south, and
any Federal Law Enforcement Officer or Washington Law shoreline to the east and west.
Enforcement Officer may enforce the rules contained in this
section pursuant to 33 CFR 6.04-11. In addition, the Captain of (ii) Enforcement period. One day between the third week of
the Port may be assisted by other federal, state or local agencies August and the third week of September.
in enforcing this section.
(8) Florence Chamber 4th of July Fireworks Display, Florence,
[CGD13-02-018, 68 FR 15374, Mar. 31, 2003] OR

165.1315 Safety Zones: Fireworks Displays in the Captain of (i) Location. All water of the Siuslaw River enclosed by the
the Port Portland Zone. following points:
(a) Safety zones. The following areas are designated safety
zones: 435805 N, 1240554 W following the shoreline to
435820 N 1240446 W then south to
(1) Cinco de Mayo Fireworks Display, Portland, OR:
435807 N 1240440 W following the shoreline to
(i) Location. Waters on the Willamette River bounded by the 435748 N 1240554 W then back to the point of
Morrison Bridge to the north, Hawthorne Bridge to the south, and origin.
the shoreline to the east and west.
(ii) Enforcement period. This section is enforced annually on
(ii) Enforcement period. One day in early May. July fourth from 9 p.m. to 11 p.m. (PDT).

(2) Portland Rose Festival Fireworks Display, Portland, OR: (9) Oaks Park July 4th Celebration, Portland, OR

(i) Location. Waters on the Willamette River bounded by the (i) Location. All water of the Willamette River enclosed by the
Morrison Bridge to the north, Hawthorne Bridge to the south, and following points:
the shoreline to the east and west.
452826 N 223943 W following the shoreline to
(ii) Enforcement period. One day in late May or early June. 452810 N 1223954 W then west to
452841 N 1224006 W following the shoreline to
(3) Tri-City Chamber of Commerce Fireworks Display,
452831 N 1224001 W then back to the point of
Columbia Park, Kennewick, WA:
origin.
(i) Location. Waters on the Columbia River bounded by shoreline
(ii) Enforcement period. This section is enforced annually on
to the north and south, Interstate 395 bridge to the east, and 1000
feet of water to the west of the launching barge which is centered July fourth from 9 p.m. to 11 p.m. (PDT).
at 46 degrees 13 minutes 38 seconds North, 119 degrees 08

668
(10) Rainier Days Fireworks Celebration, Rainier, OR. 454329 N 1201212 W, thence to
454331 N 1201206 W, thence to
(i) Location. All water of the Columbia River enclosed by the the southern shore of the Columbia River at
following points:
454326 N 120 1212 W.
460604 N, 1225635 W following the shoreline to
(ii) Enforcement period. This safety zone is in effect from
460553 N 1225558 W then south to approximately 8:30 p.m. to approximately 11:30 p.m. for one day
460524 N 1225558 W following the shoreline to during the last week of June or the first week of July each year.
460538 N 1225635 W then back to the point of
origin. (16) East County 4th of July Fireworks, Gresham, OR:

(ii) Enforcement period. This section is enforced annually on the (i) Location. All waters of the Columbia River encompassed in a
second Saturday of July each year from 9 p.m. to 11 p.m. (PDT). 500 foot radius around position
Except that when the first Saturday falls on July 1, this section will
be enforced on the third Saturday of July. 453333 N 1222703 W.

(11) Ilwaco July 4th Committee Fireworks, Ilwaco, WA (ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. for one day
(i) Location. All water of the Columbia River extending out to a during the first week of July each year.
700 radius from the launch site at
(17) Port of Cascade Locks July 5th Fireworks Display,
461817 N 1240155 W. Cascade Locks, OR:

(ii) Enforcement period. This section is enforced annually on the (i) Location. All waters of the Columbia River encompassed in a
first Saturday of July from 9 p.m. to 11 p.m. (PDT). 500 foot radius around position

(12) Milwaukie Centennial Fireworks Display, Milwaukie, OR 454016 N 1215338 W.


(ii) Enforcement period. This safety zone is in effect from
(i) Location. All water of the Willamette River enclosed by the approximately 8:30 p.m. to approximately 11:30 p.m. for one day
following points: during the first week of July each year.

452641 N, 1223846 W following the shoreline to (18) Astoria Regatta Association Fireworks Display, Astoria,
OR:
452617 N 1223836 W then west to
452617 N 1223855 W following the shoreline to (i) Location. All waters of the Columbia River encompassed by
452636 N 1223850 W then back to the point of lines connecting the following points in the vicinity of Astoria,
origin. Oregon:

(ii) Enforcement period. This section is enforced annually on the from the southern shore of the Columbia River at
third Saturday of July each year from 9 p.m. to 11 p.m. (PDT). 462234 N 1234833 W, thence to
Except that when the first Saturday falls on July 1, this section will 461152 N 1234835 W, thence to
be enforced on the fourth Saturday of July.
461152 N 1234819 W, thence to
(13) Splash Aberdeen Waterfront Festival, Aberdeen, WA the southern shore of the Columbia River at
461139 N 123 4813 W.
(i) Location. All water of the Chehalis River extending out to 500
feet of the following points: (ii) Enforcement period. This safety zone is in effect from
approximately 11:30 p.m. one day during the second weekend of
465840 N, 1234745 W. August each year.

(ii) Enforcement period. This section is enforced annually on (19) City of Washougal July 4th Fireworks Display, Washougal
July fourth from 9 p.m. to 11 p.m. (PDT). WA:

(14) City of Coos Bay July 4th Celebration, Coos Bay, OR (i) Location. All waters of the Columbia River encompassed by
lines connecting the following points in the vicinity of Washougal,
(i) Location. All water of the Coos River extending out to 1200 Washington:
feet of the following points:
from the northern shore of the Columbia River at
432212 N, 1241239 W. 453350 N 1222016 W, thence to
453342 N 1220229 W, thence to
(ii) Enforcement period. This section is enforced annually on 453353 N 1222039 W, thence to
July fourth from 9 p.m. to 11 p.m. (PDT). the northern shore of the Columbia River at
453504 N 1222053 W.
(15) Arlington Chamber of Commerce Fireworks Display,
Arlington, OR:
(ii) Enforcement period. This safety zone is in effect from
approximately 8:30 p.m. to approximately 11:30 p.m. one day
(i) Location. All waters of the Columbia River encompassed by
during the first week of July each year.
lines connecting the following points in the vicinity of Arlington,
Oregon:
(20) City of St. Helens 4th of July Fireworks Display, St.
Helens, OR:
from the southern shore of the Columbia River at
454323 N 1201211 W, thence to
(i) Location. All waters of the Columbia River encompassed in a

669
1200 foot radius around position CGD13-06-009, 71 FR 30805, May 31, 2006; USCG-2008-1096,
74 FR 68161, Dec. 23, 2009; USCG-2010-0351, 75 FR 48565,
455151 N 1224722 W. Aug. 11, 2010; USCG-2010-0997, 76 FR 18395, Apr. 4, 2011]

(ii) Enforcement period. This safety zone is in effect from 165.1317 Security and Safety Zone; Large Passenger Vessel
approximately 8:30 p.m. to approximately 11:30 p.m. one day Protection, Puget Sound and adjacent waters, Washington.
during the first week of July each year. (a) Notice of enforcement or suspension of enforcement. The
large passenger vessel security and safety zone established by
(21) Waverly Country Club 4th of July Fireworks Display, this section will be enforced only upon notice by the Captain of
Milwaukie, OR: the Port Puget Sound. Captain of the Port Puget Sound will cause
notice of the enforcement of the large passenger vessel security
(i) Location. All waters of the Willamette River encompassed by and safety zone to be made by all appropriate means to effect the
lines connecting the following points in the vicinity of Milwaukie, widest publicity among the affected segments of the public
Oregon: including publication in the Federal Register as practicable, in
accordance with 33 CFR 165.7(a). Such means of notification
from 452710 N 1222935 W, thence to may also include but are not limited to, Broadcast Notice to
452712 N 1223925 W, thence to Mariners or Local Notice to Mariners. The Captain of the Port
Puget Sound will issue a Broadcast Notice to Mariners and Local
452656 N 1223915 W, thence to Notice to Mariners notifying the public when enforcement of the
452652 N 1223925 W. large passenger vessel security and safety zone is suspended.

(ii) Enforcement period. This safety zone is in effect from (b) Definitions. The following definitions apply to this section:
approximately 8:30 p.m. to approximately 11:30 p.m. one day
during the first week of July each year. Federal Law Enforcement Officer means any employee or
agent of the United States government who has the authority to
(22) Booming Bay Fireworks, Westport, WA: carry firearms and make warrantless arrests and whose duties
involve the enforcement of criminal laws of the United States.
(i) Location. All waters of Grays Harbor encompassed in a 600
foot radius around position Large Passenger Vessel means any cruise ship over 100 feet in
length carrying passengers for hire, and any auto ferries and
465414 N 1240608 W. passenger ferries over 100 feet in length carrying passengers for
hire such as the Washington State Ferries, M/V COHO and
(ii) Enforcement period. This safety zone is in effect from Alaskan Marine Highway Ferries. Large Passenger Vessel does
approximately 8:30 p.m. to approximately 11:30 p.m. one day not include vessels inspected and certificated under 46 CFR,
during the last week of June or the first week of July each year. Chapter I, Subchapter T such as excursion vessels, sight seeing
vessels, dinner cruise vessels, and whale watching vessels.
(23) Hood River 4th of July, Hood River, OR:
Large Passenger Vessel Security and Safety Zone is a
(i) Location. All waters of the Columbia River encompassed in a regulated area of water established by this section, surrounding
1000 foot radius around position large passenger vessels for a 500-yard radius to provide for the
security and safety of these vessels.
454258 N 121 3031 W.
Navigable waters of the United States means those waters
(ii) Enforcement period. This safety zone is in effect from 8:30 defined as such in 33 CFR part 2.
p.m. to approximately 11:30 p.m. one day during the last week of
June or the first week of July each year. Navigation Rules means the Navigation Rules, International
Inland.
(24) Rufus 4th of July Fireworks, Rufus, OR:
Official Patrol means those persons designated by the Captain
(i) Location. All waters of the Columbia River encompassed in a of the Port to monitor a large passenger vessel security and
500 foot radius around position safety zone, permit entry into the zone, give legally enforceable
orders to persons or vessels within the zone and take other
454130 N 1204547 W. actions authorized by the Captain of the Port. Persons authorized
in paragraph (l) to enforce this section are designated as the
(ii) Enforcement period. This safety zone is in effect from Official Patrol.
approximately 8:30 p.m. to approximately 11:30 p.m. for one day
during the last week of June or the first week of July each year. Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
(b) Regulations. In accordance with 165.23 of this part, no
person may enter or remain in these safety zones unless Washington Law Enforcement Officer means any General
authorized by the Captain of the Port Columbia River or his/her Authority Washington Peace Officer, Limited Authority
designated representative. Also in accordance with 165.23 of Washington Peace Officer, or Specially Commissioned
this part, no person may bring into, cause to be brought into, or Washington Peace Officer as defined in Revised Code of
allow to remain in these safety zones any vehicle, vessel, or Washington section 10.93.020.
object unless authorized by the Captain of the Port Columbia
River or his/her designated representative. (c) Security and safety zone. There is established a large
passenger vessel security and safety zone extending for a 500-
(c) Notice. In accordance with 165.7 of this part, notification of yard radius around all large passenger vessels located in the
the specific period of enforcement for each of these safety zones navigable waters of the United States in Puget Sound, WA, east
may be made by marine broadcast, local notice to mariners, local of 12330 West Longitude. [Datum: NAD 1983].
news media, distribution in leaflet form, on-scene oral notices,
and/or publication in the Federal Register. (d) Compliance. The large passenger vessel security and safety
zone established by this section remains in effect around large
[CGD01-03-008, 68 FR 32368, May 30, 2003, as amended by passenger vessels at all times, whether the large passenger

670
vessel is underway, anchored, or moored. Upon notice of section is unnecessary or impractical for the purpose of port
enforcement by the Captain of the Port Puget Sound, the Coast security, safety or environmental safety.
Guard will enforce the large passenger vessel security and safety
zone in accordance with rules set out in this section. Upon notice [CGD13-03-018, 69 FR 2068, Jan. 14, 2004; 69 FR 4245, Jan. 29,
of suspension of enforcement by the Captain of the Port Puget 2004]
Sound, all persons and vessels are authorized to enter, transit,
and exit the large passenger vessel security and safety zone, 165.1321 Security Zone; Protection of Military Cargo,
consistent with the Navigation Rules. Captain of the Port Zone Puget Sound, WA.
(a) Notice of enforcement or suspension of enforcement. The
(e) The Navigation Rules shall apply at all times within a large Captain of the Port Puget Sound will enforce the security zones
passenger vessel security and safety zone. established by this section only upon notice. Captain of the Port
Puget Sound will cause notice of the enforcement of these
(f) When within a large passenger vessel security and safety security zone to be made by all appropriate means to effect the
zone all vessels must operate at the minimum speed necessary widest publicity among the affected segments of the public
to maintain a safe course and must proceed as directed by the including publication in the Federal Register as practicable, in
on-scene official patrol or large passenger vessel master. No accordance with 33 CFR 165.7(a). Such means of notification
vessel or person is allowed within 100 yards of a large passenger may also include but are not limited to, Broadcast Notice to
vessel that is underway or at anchor, unless authorized by the on- Mariners or Local Notice to Mariners. The Captain of the Port
scene official patrol or large passenger vessel master. No vessel Puget Sound will issue a Broadcast Notice to Mariners and Local
or person is allowed within 25 yards of a large passenger vessel Notice to Mariners notifying the public when enforcement of these
that is moored. security zones is suspended.

(g) To request authorization to operate within 100 yards of a (b) Definitions. The following definitions apply to this section:
large passenger vessel that is underway or at anchor, contact
the on-scene official patrol or large passenger vessel master on Designated Representative means those persons designated by
VHF-FM channel 16 or 13. the Captain of the Port to monitor these security zones, permit
entry into these zones, give legally enforceable orders to persons
(h) When conditions permit, the on-scene official patrol or large or vessels with in these zones and take other actions authorized
passenger vessel master should: by the Captain of the Port. Persons authorized in paragraph (g) to
enforce this section and Vessel Traffic Service Puget Sound (VTS)
(1) Permit vessels constrained by their navigational draft or are Designated Representatives.
restricted in their ability to maneuver to pass within 100 yards of a
large passenger vessel in order to ensure a safe passage in Federal Law Enforcement Officer means any employee or
accordance with the Navigation Rules; and agent of the United States government who has the authority to
carry firearms and make warrantless arrests and whose duties
(2) Permit vessels that must transit via a navigable channel or involve the enforcement of criminal laws of the United States.
waterway to pass within 100 yards of an anchored large
passenger vessel or within 25 yards of a moored large passenger Navigable waters of the United States means those waters
vessel with minimal delay consistent with security. defined as such in 33 CFR Part 2.

(i) When a large passenger vessel approaches within 100 Public vessel means vessels owned, chartered, or operated by
yards of any vessel that is moored or anchored, the stationary the United States, or by a State or political subdivision thereof.
vessel must stay moored or anchored while it remains within the
large passenger vessel's security and safety zone unless it is Washington Law Enforcement Officer means any General
either ordered by, or given permission by the Captain of the Port Authority Washington Peace Officer, Limited Authority
Puget Sound, his designated representative or the on-scene Washington Peace Officer, or Specially Commissioned
official patrol to do otherwise. Washington Peace Officer as defined in Revised Code of
Washington section 10.93.020.
(j) Exemption. Public vessels as defined in paragraph (b) of this
section are exempt from complying with paragraphs (c), (d), (f), (c) Security zone. The following areas are security zones:
(g), (h), and (i), of this section.
(1) Blair Waterway Security Zone: The Security Zone in the
(k) Exception. 33 CFR part 161 contains Vessel Traffic Service Blair Waterway, Commencement Bay, WA, includes all waters
regulations. When measures or directions issued by Vessel enclosed by a line connecting the following points:
Traffic Service Puget Sound pursuant to 33 CFR part 161 also
apply, the measures or directions govern rather than the 471657 N, 1222439 W,
regulations in this section. which is approximately the beginning of Pier No. 23 (also
known as the Army pier);
(l) Enforcement. Any Coast Guard commissioned, warrant or then northwesterly to 471705 N, 1222452
petty officer may enforce the rules in this section. In the navigable W, which is the end of the Pier No. 23 (Army pier);
waters of the United States to which this section applies, when
then southwesterly to 471642 N, 12225 18
immediate action is required and representatives of the Coast
W, which is the approximate location of a private buoy on the
Guard are not present or not present in sufficient force to provide
end of the sewage outfall;
effective enforcement of this section in the vicinity of a large
passenger vessel, any Federal Law Enforcement Officer or then southeasterly to 471633 N, 1222504
Washington Law Enforcement Officer may enforce the rules W, which is approximately the northwestern end of Pier No. 5;
contained in this section pursuant to 33 CFR 6.04-11. In addition, then northeasterly to the northwestern end of Pier No. 1;
the Captain of the Port may be assisted by other federal, state or then southeasterly along the shoreline of the Blair Waterway
local agencies in enforcing this section. to the Blair Waterway turning basin;
then along the shoreline around the Blair Waterway turning
(m) Waiver. The Captain of the Port Puget Sound may waive any basin; then northwesterly along the shoreline of the Blair
of the requirements of this section for any vessel or class of Waterway to the Commencement Bay Directional Light (light
vessels upon finding that a vessel or class of vessels, operational list number 17159);
conditions or other circumstances are such that application of this then northeasterly along the shoreline to the point of origin.

671
[Datum: NAD 1983]. necessary to maintain a safe course.

(2) Sitcum Waterway Security Zone: The Security Zone in the (g) Enforcement. Any Coast Guard commissioned, warrant or
Sitcum Waterway, Commencement Bay, WA, includes all waters petty officer may enforce the rules in this section. In the navigable
enclosed by a line connecting the following points: waters of the United States to which this section applies, when
immediate action is required and representatives of the Coast
471633 N, 1222504 W, Guard are not present or not present in sufficient force to provide
which is approximately the northwestern end of Pier No. 5; effective enforcement of this section, any Federal Law
then northwesterly to 471642 N, 1222518 Enforcement Officer or Washington Law Enforcement Officer may
W, which is the approximate location of a private buoy on the enforce the rules contained in this section pursuant to 33 CFR
end of the sewage outfall; 6.04-11. In addition, the Captain of the Port may be assisted by
other federal, state or local agencies in enforcing this section
then southwesterly to 471623 N, 1222536
pursuant to 33 CFR 6.04-11.
W;
then southeasterly to 471610 N, 1222527 (h) Exemption. Public vessels as defined in paragraph (b) of this
W, which is the northwestern corner of Pier No. 2; section are exempt from the requirements in this section.
then extending northeasterly to
471613 N, 1222513 W; (i) Waiver. For any vessel, the Captain of the Port Puget Sound
then extending southeasterly along the shoreline of the may waive any of the requirements of this section, upon finding
Sitcum Waterway; that operational conditions or other circumstances are such that
then northeasterly along the shoreline at the terminus of the application of this section is unnecessary or impractical for the
Sitcum Waterway and purpose of port security, safety or environmental safety.
then northwesterly along the shoreline of the Sitcum
Waterway; [CGD13-04-019, 69 FR 52603, Aug. 27, 2004, as amended by
then northeasterly along the shoreline of Pier No. 5 to the CGD13-04-040, 69 FR 71711, Dec. 10, 2004; CGD13-04-46, 70
point of origin. FR 2019, Jan. 12, 2005; CGD13-05-031, 70 FR 45537, Aug. 8,
[Datum: NAD 1983]. 2005]

(3) Budd Inlet Security Zone: The Security Zone in Budd Inlet, 165.1322 Regulated Navigation Area: Willamette River
West Bay, Olympia WA includes all waters enclosed by a line Portland, Oregon Captain of the Port Zone.
connecting the following points: (a) Location. The following is a regulated navigation area (RNA):
All waters of the Willamette River encompassed by a line
470312 N, 1225421 W, which is approximately commencing at:
the northwestern end of the fence line enclosing Berth 1 at
Port of Olympia; 4534'47" N 12245'28" W along the shoreline to
then northerly to 470315 N, 1225421 W, which 4534'47" N 12245'30" W thence to
is the approximate 300 feet north along the shoreline; 4534'47" N 12245'30" W thence to
4534'48" N 12245'30" W thence to
then westerly to 470315 N, 1225426 W;
4534'48" N 12245'30" W thence to
then southerly to 470306 N, 1225426 W;
4534'48" N 12245'28" W thence to
then southeasterly to 470303 N, 1225420 W, 4534'47" N 12245'28" W and back to the point of
which is approximately the end of the T-shaped pier; origin.
then north to 470304 N, 1225419.5 W, which is All coordinates reference 1983 North American Datum (NAD 83).
approximately the southwestern corner of berth 1;
then northerly along the shoreline to the point of origin. (b) Regulations.
[Datum: NAD 1983].
(1) Motoring, anchoring, dragging, dredging, or trawling are
(d) Obtaining permission to enter, move within, or exit the prohibited in the regulated area.
security zones. All vessels must obtain permission from the
COTP or a Designated Representative to enter, move within, or (2) All vessels transiting or accessing the regulated area shall do
exit the security zones established in this section when these so at a no wake speed or at the minimum speed necessary to
security zones are enforced. Vessels 20 meters or greater in maintain steerage.
length should seek permission from the COTP or a Designated
Representative at least 4 hours in advance. Vessels less than 20 [USCG-2008-0112, 74 FR 5988, Feb. 4, 2009]
meters in length should seek permission at least 1 hour in
advance. VTS Puget Sound may be reached on VHF channel 14. 165.1323 Regulated Navigation Area: Willamette River
Portland, Oregon Captain of the Port Zone.
(e) Compliance. Upon notice of enforcement by the Captain of (a) Location. The following is a regulated navigation area (RNA):
the Port Puget Sound, the Coast Guard will enforce these security All waters of the Willamette River encompassed by a line
zones in accordance with rules set out in this section. Upon notice commencing at:
of suspension of enforcement by the Captain of the Port Puget
Sound, all persons and vessels are authorized to enter, transit, 4534.33N 1224417 W to
and exit these security zones. 453432 N 1224418 W thence to
453435 N 1224424 W thence to
(f) Regulations. Under the general regulations in 33 CFR part 453435 N 1224427 W thence to
165 subpart D, this section applies to any vessel or person in the 453435 N 1224436 W thence to
navigable waters of the United States to which this section applies. 453435 N 1224437 W thence to
No person or vessel may enter the security zones established in 453438 N 1224442 W to
this section unless authorized by the Captain of the Port or his
453439 N 1224443 W thence to
designated representatives. Vessels and persons granted
453444 N 1224451 W thence to
permission to enter the security zone shall obey all lawful orders
or directions of the Captain of the Port or his designated 453445 N 1224453 W thence to
representatives. All vessels shall operate at the minimum speed 453447 N 1224451 W thence to
453445 N 1224446 W to

672
453445 N 1224445 W thence to 13 or the Facility Security Officer at (206) 728-3688.
453447 N 1224443 W thence to
453446 N 1224442 W thence to (e) Enforcement. Any Coast Guard commissioned, warrant or
453448 N 1224440 W thence to petty officer may enforce the rules in this section. In the navigable
453448 N 1224438W and along the shoreline to waters of the United States to which this section applies, when
453446 N 1224439 W and back to the point of origin. immediate action is required and representatives of the Coast
All coordinates reference 1983 North American Datum (NAD 83). Guard are not present or not present in sufficient force to provide
effective enforcement of this section in the vicinity of a Large
(b) Regulations. Passenger Cruise Vessel, any Federal or Washington Law
Enforcement Officer may enforce the rules contained in this
(1) Anchoring, spudding, dredging, laying cable, dragging, section pursuant to 33 CFR 6.04-11. In addition, the Captain of
trawling, conducting salvage operations, operating commercial the Port may be assisted by other Federal, state or local agencies
vessels of any size, and operating recreational vessels greater in enforcing this section.
than 30 feet in length are prohibited in the regulated area.
(f) Waiver. The Captain of the Port Puget Sound may waive any
(2) All vessels transiting or accessing the regulated area shall do of the requirements of this section for any vessel or class of
so at no wake speed or at the minimum speed necessary to vessels upon finding that a vessel or class of vessels, operational
maintain steerage. conditions or other circumstances are such that application of this
section is unnecessary or impractical for the purpose of port
[USCG-2008-0121, 74 FR 5991, Feb. 4, 2009] security, safety or environmental safety.

165.1324 Safety and Security Zone; Cruise Ship Protection, [USCG-2009-0331, 74 FR 42028, Aug. 20, 2009]
Elliott Bay and Pier-91, Seattle, Washington.
(a) Safety and security zones. 165.1325 Regulated Navigation Areas; Bars Along the
Coasts of Oregon and Washington.
(1) The following area is a safety and security zone: All waters (a) Regulated navigation areas. Each of the following areas is a
within the following points: a rectangle, starting at: regulated navigation area:

(1) Quillayute River Entrance, Wash.: From the west end of


473753 N/1222307 W, thence south to position
James Island 475423 N., 1243905 W. southward to
473706 N/1222307 W, thence east to position
buoy No. 2 at 475342 N., 1243842 W. eastward to
473706 N/1222243 W, thence north to position
the shoreline at 475342 N., 1243751 W., thence
473758 N/1222243 W. northward along the shoreline to 475429 N., 12438
20 W. thence northward to 475436 N., 1243822
This zone will be enforced only during the arrival or departure of
W. thence westward to the beginning.
Large Passenger Cruise Vessels at Pier 91, Seattle, Washington.
(2) Grays Harbor Entrance, Wash.: From a point on the
(2) The following area is a safety and security zone: All waters
shoreline at 465900 N., 1241010 W. westward to
within 100 yards of Pier 91, Seattle, Washington, at approximate
position 473735 N/1222300 W. This zone will be 465900 N., 1241530 W. thence southward to 46
enforced only when a Large Passenger Cruise Vessel is moored 5100 N., 1241530 W. thence eastward to a point on
at Pier 91. the shoreline at 465100 N., 1240640 W. thence
northward along the shoreline to a point at the south jetty 46
(b) Regulations. In accordance with the general regulations in 33 5420 N., 1240807 W. thence eastward to 4654
CFR Part 165, Subpart D, no person or vessel may enter or 10 N., 1240500 W. thence northward to 465500
remain in either Safety and Security Zone except for vessels N., 1240330 W. thence northwestward to Damon Point at
authorized by the Captain of the Port or Designated
465650 N., 1240630 W. thence westward along the
Representatives.
north shoreline of the harbor to the north jetty at 465540 N.,
(c) Definitions. The following definitions apply to this section: 1241027 W. thence northward along the shoreline to the
beginning.
Facility Security Officer means the person designated as
responsible for the development, implementation, revision and (3) Willapa Bay, Wash.: From a point on the shoreline at 46
maintenance of the facility security plan and for liaison with the 4600 N., 1240540 W. westward to 464400 N.,
COTP and Company and Vessel Security Officers. 1241045 W. thence eastward to a point on the shoreline at
463500 N., 1240345 W. thence northward along the
Large Passenger Cruise Vessel means any cruise ship over shoreline around the north end of Leadbetter Point thence
100 feet in length carrying passengers for hire. Large Passenger southward along the east shoreline of Leadbetter Point to 46
Cruise Vessel does not include vessels inspected and certificated
3600 N., 1240215 W. thence eastward to 4636
under 46 CFR, Chapter I, Subchapter T such as excursion
vessels, sight seeing vessels, dinner cruise vessels, and whale 00 N., 1240000 W. thence northward to Toke point at
watching vessels. 464215 N., 1235800 W. thence westward along the
north shoreline of the harbor and northward along the seaward
Official Patrol means those persons designated by the Captain shoreline to the beginning.
of the Port to monitor a Large Passenger Cruise Vessel security
and safety zone, permit entry into the zone, give legally (4) Columbia River Bar, Wash.-Oreg.: From a point on the
enforceable orders to persons or vessels within the zone and take shoreline at 46 18 00 N., 124 04 39 W. thence
other actions authorized by the Captain of the Port. Persons westward to 46 18 00 N., 124 09 30 W. thence
authorized in paragraph (e) to enforce this section are designated southward to 46 12 00 N., 124 09 30 W. thence
as the Official Patrol. eastward to a point on the shoreline at 461200 N., 123
5933 W. thence eastward to Tansy Point Range Front Light
(d) Authorization. To request authorization to operate within 100
at 461116 N., 1235505 W.; thence northward to
yards of a Large Passenger Cruise Vessel that is moored at Pier
91, contact the on-scene Official Patrol on VHF-FM channel 16 or Chinook Point at 461508 N., 1235525 W. thence

673
northwestward to the north end of Sand Island at 461729 northward along the seaway shoreline to the beginning.
N., 1240125 W. thence southwestward to a point on the
north shoreline of the harbor at 461625 N., 1240228 (11) Siuslaw River Bar, Oreg.: From a point on the shoreline at
W. thence northwestward and southwestward along the north 440200 N., 1240800 W. thence westward to 44
shoreline of the harbor and northward along the seaward 0200 N., 1240930 W. thence southward to 4400
shoreline to the beginning. 00 N., 1240930 W. thence eastward to a point on the
shoreline at 44 00 00 N., 124 08 12 W. thence
(5) Nehalem River Bar, Oreg.: From a point on the shoreline northward along the shoreline and southward along the west bank
454125 N., 1235616 W. thence westward 4541 of the entrance channel to 440035 N., 1240748 W.
25 N., 1235900 W. thence southward to 453725 thence southeastward to a point on the east bank of the entrance
N., 123 59 00 W. thence eastward to a point on the channel at 44 00 20 N., 124 07 31 W. thence
shoreline at 45 37 25 N., 123 56 38 W. thence northward along the east bank of the entrance channel and
northward along the shoreline to the north end of the south jetty at northward along the seaward shoreline to the beginning.
453940 N., 1235545 W. thence westward to a point
on the shoreline at 453945 N., 1235619 W. thence (12) Umpqua River Bar, Oreg.: From a point on the shoreline at
northward along the shoreline to the beginning. 434120 N., 1241158 W. thence westward to 43
4120 N., 1241332 W thence southward to 4338
(6) Tillamook Bay Bar, Oreg.: From a point on the shoreline at 35 N., 1241425 W. thence eastward to a point on the
453515 N., 1235705 W. thence westward 4535 shoreline at 43 38 35 N., 124 12 35 W. thence
15 N., 1240000 W. thence southward to 453000 northward along the shoreline to the navigational light 6
N., 124 00 00 W. thence eastward to a point on the located on the jetty at 434011 N., 1241156 W.
shoreline at 45 30 00 N., 123 57 40 W. thence thence northward to a point on the north bank of the entrance
northward along the shoreline to the north end of Kincheloe Point channel at 43 40 33 N., 124 11 56 W. thence
at 453330 N., 1235605 W. thence northward to a southwestward along the north bank of the entrance channel
point on the north shoreline of the harbor at 453340 N., thence northward along the seaward shoreline to the beginning.
1235559 W. thence westward along the north shoreline of
the harbor then northward along the seaward shoreline to the (13) Coos Bay Bar, Oreg.: From a point on the shoreline at 43
beginning. 2215 N., 1241934 W. thence westward to 4322
20 N., 1242228 W. thence southwestward to 4321
(7) Netarts Bay Bar, Oreg.: From a point on the shoreline at 00 N., 1242335 W. thence southeastward to a point on
452805 N. thence westward to 452805 N., 124 the shoreline at 432025 N., 1242228 W. thence
0000 W. thence southward to 452400 N., 12400 northward along the shoreline and eastward along the south
00 W. thence eastward to a point on the shoreline at 4524 shore of the entrance channel to a point on the shoreline at 43
00 N., 1235745 W. thence northward along the shoreline 2052 N., 1241912 W. thence eastward to a point on
to 452603 N., 1235715 W. thence eastward to a the east shoreline of the harbor at 432100 N., 12418
point on the north shoreline of the harbor at 452600 N., 50 W. thence northward to a point on the west shoreline of the
1235657 W. thence northward along the shoreline to the harbor at 432145 N., 1241910 W. thence south and
beginning. west along the west shoreline of the harbor thence northward
along the seaward shoreline to the beginning.
(8) Siletz Bay Bar, Oreg.: From a point on the shoreline at 44
5632 N., 1240129 W. thence westward to 4456 (14) Coquille River Bar, Oreg.: From a point on the shoreline at
32 N., 1240300 W. thence southward to 445440 430825 N., 1242504 W. thence southwestward to
N., 124 03 15 W. thence eastward to a point on the 430750 N., 1242705 W. thence southwestward to
shoreline at 44 54 40 N., 124 01 55 W. thence 430703 N., 1242825 W. thence eastward to a point
northward along the shoreline to 445535 N., 12401 on the shoreline at 430600 N., 1242555 W. thence
25 W. thence northward to a point on the north shoreline of the northward along the shoreline and eastward along the south
harbor at 445545 N., 1240120 W. thence westward shoreline of the channel entrance to 430717 N., 12425
and northward along the shoreline to the beginning. 00 W. thence northward to the east end of the north jetty at
430724 N., 1242459 W. thence westward along the
(9) Depoe Bay Bar, Oreg.: From a point on the shoreline at 44 north shoreline of the entrance channel and northward along the
4915 N., 1240400 W. thence westward to 4449 seaward shoreline to the beginning.
15 N., 1240435 W. thence southward to 444755
(15) Rogue River Bar, Oreg.: From a point on the shoreline at
N., 124 04 55 W. thence eastward to a point on the
422625 N., 1242603 W. thence westward to 42
shoreline at 44 47 53 N., 124 04 25 W. thence
2610 N., 1242705 W. thence southward to 4224
northward along the shoreline and eastward along the south bank
15 N., 1242705 W. thence eastward to a point on the
of the entrance channel to the highway bridge thence northward
to the north bank at the bridge thence westward along the north shoreline at 42 24 15 N., 124 25 30 W. thence
bank of the entrance channel and northward along the seaward northward along the shoreline and eastward along the south
shoreline to the beginning. shoreline of the entrance channel to the highway bridge thence
northward across the inner harbor jetty to a point on the north
(10) Yaquina Bay Bar, Oreg.: From a point on the shoreline at shoreline of the entrance channel at the highway bridge thence
443811 N., 1240347 W. thence westward to 44 westward along the north shoreline of the entrance channel
thence northward along the seaward shoreline to the beginning.
3811 N., 1240555 W. thence southward to 4435
15 N., 1240605 W. thence eastward to a point on the (16) Chetco River Bar, Oreg.: From a point on the shoreline at
shoreline at 44 35 15 N., 124 04 02 W. thence 420235 N., 1241720 W. thence southeastward to
northward along the shoreline and eastward along the south bank 420145 N., 1241630 W. thence northwestward to a
of the entrance channel to the highway bridge thence northward
point on the shoreline at 420210 N., 1241535 W.
to the north bank of the entrance channel at the bridge thence
westward along the north bank of the entrance channel and thence northwestward along the shoreline thence northward along

674
the east shoreline of the channel entrance to 420247 N., (A) Carrying not more than six passengers, including at least one
1241603 W. thence northward along the west face of the passenger-for-hire; or
inner jetty and east shoreline of the channel entrance to the
highway bridge thence westward to the west shoreline of the (B) That is chartered with the crew provided or specified by the
channel at the highway bridge thence southward along the west owner or the owner's representative and carrying not more than
shoreline of the channel thence westward along the seaward six passengers.
shoreline to the beginning.
(13) Unsafe condition exists when the wave height within a
(b) Definitions. For the purposes of this section: regulated navigation area identified in paragraph (a) of this
section is equal to or greater than the maximum wave height
(1) Bar closure means that the operation of any vessel within a determined by the formula L/10 + F = W where:
regulated navigation area established in paragraph (a) of this
section has been prohibited by the Coast Guard. L = Overall length of a vessel measured in feet in a straight
horizontal line along and parallel with the centerline between the
(2) Bar crossing plan (also known as a Go/No-Go plan) means a intersections of this line with the vertical planes of the stem and
plan developed by local industry professionals, in coordination stern profiles excluding deckhouses and equipment.
with the Coast Guard, for a bar within a regulated navigation area
established in paragraph (a) of this section and adopted by the F = The minimum freeboard when measured in feet from the
master or operator of a small passenger vessel to guide his lowest point along the upper strake edge to the surface of the
vessel's operations on and in the vicinity of that bar. water.

(3) Bar restriction means that operation of a recreational or W = Maximum wave height in feet to the nearest highest whole
uninspected passenger vessel within a regulated navigation area number.
established in paragraph (a) of this section has been prohibited by
the Coast Guard. (c) Regulations

(4) Commercial fishing industry vessel means a fishing vessel, (1)(i) Bar restriction. Passage across the bars located in the
fish tender vessel, or a fish processing vessel. regulated navigation areas established in paragraph (a) of this
section will be restricted for recreational and uninspected
(5) Designated representative means any Coast Guard passenger vessels as determined by the Captain of the Port
commissioned, warrant, or petty officer that has been authorized (COTP) or his designated representative. In making this
by the Captain of the Port to act on his behalf. determination, the COTP or his designated representative will
determine whether an unsafe condition exists for such vessels as
(6) Fish processing vessel means a vessel that commercially defined in paragraph (b) of this section. Additionally, the COTP or
prepares fish or fish products other than by gutting, decapitating, his designated representative will use their professional maritime
gilling, skinning, shucking, icing, freezing, or brine chilling. experience and knowledge of local environmental conditions in
making their determination. Factors that will be considered
(7) Fish tender vessel means a vessel that commercially supplies, include, but are not limited to: size and type of vessel, sea state,
stores, refrigerates, or transports fish, fish products, or materials winds, wave period, and tidal currents. When a bar is restricted,
directly related to fishing or the preparation of fish to or from a the operation of recreational and uninspected passenger vessels
fishing, fish processing, or fish tender vessel or a fish processing in the regulated navigation area established in paragraph (a) of
facility. this section in which the restricted bar is located is prohibited
unless specifically authorized by the COTP or his designated
(8) Fishing vessel means a vessel that commercially engages in representative.
the catching, taking, or harvesting of fish or an activity that can
reasonably be expected to result in the catching, taking, or (ii) Bar closure. The bars located in the regulated navigation
harvesting of fish. areas established in paragraph (a) of this section will be closed to
all vessels whenever environmental conditions exceed the
(9) Readily accessible means equipment that is taken out of operational limitations of the relevant Coast Guard search and
stowage and is available within the same space as any person for rescue resources as determined by the COTP. When a bar is
immediate use during an emergency. closed, the operation of any vessel in the regulated navigation
area established in paragraph (a) of this section in which the
(10) Recreational vessel is any vessel manufactured or used closed bar is located is prohibited unless specifically authorized
primarily for non-commercial use or leased, rented, or chartered by the COTP or his designated representative. For bars having
to another for the latter's non-commercial use. It does not include deep draft vessel access, the COTP will consult with the local
a vessel engaged in carrying paying passengers. pilots association, when practicable, prior to closing the affected
bar.
(11) Small passenger vessel means a vessel inspected under 46
CFR subchapter T or 46 CFR subchapter K. (iii) The Coast Guard will notify the public of bar restrictions and
bar closures via a Broadcast Notice to Mariners on VHF-FM
(12) Uninspected passenger vessel means an uninspected Channel 16 and 22A. Additionally, Coast Guard personnel may be
vessel on-scene to advise the public of any bar restrictions and/or
closures.
(i) Of at least 100 gross tons;
(2) Safety requirements for recreational vessels. The operator
(A) Carrying not more than 12 passengers, including at least one of any recreational vessel operating in a regulated navigation area
passenger-for-hire; or established in paragraph (a) of this section shall ensure that
whenever their vessel is being towed or escorted across a bar by
(B) That is chartered with the crew provided or specified by the the Coast Guard all persons located in any unenclosed areas of
owner or the owner's representative and carrying not more than their vessel are wearing lifejackets and that lifejackets are readily
12 passengers; or accessible for/to all persons located in any enclosed areas of their
vessel.
(ii) Of less than 100 gross tons;

675
(3) Safety requirements for Uninspected Passenger Vessels (5) Safety requirements for Commercial Fishing Vessels
(UPV). (CFV).

(i) The master or operator of any uninspected passenger vessel (i) The master or operator of any commercial fishing vessel
operating in a regulated navigation area established in paragraph operating in a regulated navigation area established in paragraph
(a) of this section shall ensure that all persons located in any (a) of this section shall ensure that all persons located in any
unenclosed areas of their vessel are wearing lifejackets and that unenclosed areas of their vessel are wearing lifejackets or
lifejackets are readily accessible for/to all persons located in any immersion suits and that lifejackets or immersion suits are readily
enclosed areas of their vessel: accessible for/to all persons located in any enclosed spaces of
their vessel:
(A) When crossing the bar and a bar restriction exists for
recreational vessels of the same length or (A) When crossing the bar and a bar restriction exists for
recreational vessels or uninspected passenger vessels of the
(B) Whenever their vessel is being towed or escorted across the same length or
bar by the Coast Guard.
(B) Whenever their vessel is being towed or escorted across the
(ii) The master or operator of any uninspected passenger vessel bar by the Coast Guard.
operating in a regulated navigation area established in paragraph
(a) of this section during the conditions described in paragraph (ii) The master or operator of any commercial fishing vessel
(c)(3)(i)(A) of this section shall contact the Coast Guard on VHF- operating in a regulated navigation area established in paragraph
FM Channel 16 or 22A prior to crossing the bar between sunset (a) of this section during the conditions described in paragraph
and sunrise. The master or operator shall report the following: (c)(5)(i)(A) of this section shall contact the Coast Guard on VHF-
FM Channel 16 or 22A prior to crossing the bar between sunset
(A) Vessel name, and sunrise. The master or operator shall report the following:

(B) Vessel location or position, (A) Vessel name,

(C) Number of persons onboard the vessel, and (B) Vessel location or position,

(D) Vessel destination. (C) Number of persons onboard the vessel, and

(4) Safety requirements for Small Passenger Vessels (SPV). (D) Vessel destination.

(i) The master or operator of any small passenger vessel (6) All persons and vessels within the regulated navigation areas
operating in a regulated navigation area established in paragraph established in paragraph (a) of this section must comply with the
(a) of this section shall ensure that all persons located in any orders of Coast Guard personnel. Coast Guard personnel include
unenclosed areas of their vessel are wearing lifejackets and that commissioned, warrant, and petty officers of the United States
lifejackets are readily accessible for/to all persons located in any Coast Guard.
enclosed areas of their vessel:
[USCG-2008-1017, 74 FR 59101, Nov. 17, 2009, as amended at
(A) When crossing the bar and a bar restriction exists for 75 FR 10688, Mar. 9, 2010; 75 FR 18055, Apr. 9, 2010; 75 FR
recreational vessels or uninspected passenger vessels of the 41988, July 20, 2010]
same length or
165.1326 Regulated Navigation Areas; Port of Portland
(B) Whenever their vessel is being towed or escorted across the Terminal 4, Willamette River, Portland, OR
bar by the Coast Guard. (a) Regulated navigation areas. Each of the following areas is a
regulated navigation area:
(ii) Small passenger vessels with bar crossing plans that have
been reviewed by and accepted by the Officer in Charge, Marine (1) All waters of the Willamette River in the head of the Port of
Inspection (OCMI) are exempt from the safety requirements Portland's Terminal 4 Slip 3, encompassed by a line commencing
provided in paragraph (c)(4)(i) of this section during the conditions at 45 36' 01.861" N/12246' 20.995" W thence to 45 36' 01.455
described in paragraph (c)(4)(i)(A) of this section so long as when N/122 46' 20.887" W thence to 45 36' 00.993" N/122 46'
crossing the bar the master or operator ensures that all persons 20.714" W thence to 45 36' 00.725" N/122 46' 20.923" W thence
on their vessel wear lifejackets in accordance with their bar to 45 36' 00.731" N/122 46' 21.262" W thence to 45 36' 00.712"
crossing plan. If the vessel's bar crossing plan does not specify N/122 46' 21.823" W thence to 45 36' 01.230" N/122 46'
the conditions when the persons on their vessel must wear 22.048" W thence to 45 36' 01.651" N/122 46' 22.168" W thence
lifejackets, however, then the master or operator must comply to 45 36' 01.684" N/122 46' 22.372" W thence to 45 36' 01.873"
with the safety requirements provided in paragraph (c)(4)(i) of this N/122 46' 22.303" W thence to 45 36' 02.065" N/122 46'
section in their entirety. 21.799" W thence to 45 36' 01.989" N/122 46' 21.574" W thence
to 45 36' 01.675" N/122 46' 21.483" W thence to 45 36' 01.795"
(iii) The master or operator of any small passenger vessel N/122 46' 21.442" W thence to 45 36' 01.861" N 122 46'
operating in a regulated navigation area established in paragraph 20.995" W.
(a) of this section during the conditions described in paragraph
(c)(4)(i)(A) of this section shall contact the Coast Guard on VHF- (2) All waters of the Willamette River in Wheeler Bay between Slip
FM Channel 16 or 22A prior to crossing the bar between sunset 1 and Slip 3 in the Port of Portland's Terminal 4, encompassed by
and sunrise. The master or operator shall report the following: a line commencing at 45 36' 10.634" N/122 46' 39.056" W
thence to 45 36' 10.269" N/122 46' 37.140" W thence to 45 36'
(A) Vessel name, 10.027" N/122 46' 36.050" W thence to 45 36' 09.722" N/122
46' 34.181" W thence to 45 36' 09.425" N/122 46' 33.118" W
(B) Vessel location or position, thence to 45 36' 08.960" N/122 46' 32.150" W thence to 45 36'
08.653" N/122 46' 31.681" W thence to 45 36' 08.191" N/122
(C) Number of persons onboard the vessel, and 46' 31.341" W thence to 45 36' 07.886" N/122 46' 31.269" W
thence to 45 36' 07.517" N/122 46' 31.038" W thence to 45 36'
(D) Vessel destination. 07.235" N/122 46' 31.066" W thence to 45 36' 07.040" N/122

676
46' 30.941" W thence to 45 36' 06.697" N/122 46' 30.987" W (b) Regulations.
thence to 45 36' 06.509" N/122 46' 31.251" W thence to 45 36'
06.201" N/122 46' 31.517" W thence to 45 36' 06.081" N/122 (1) All vessels and persons are prohibited from activities that
46' 1.812" W thence to 45 36' 06.550" N/122 46' 32.124" W would disturb the seabed, such as anchoring, dragging, trawling,
thence to 45 36' 06.970" N/122 46' 31.895" W thence to 45 36' spudding, or other activities that involve disrupting the integrity of
07.172" N/122 46' 31.868" W thence to 45 36' 07.883" N/122 the sediment caps installed in the designated regulated navigation
46' 32.316" W thence to 45 36' 08.370" N/122 46' 32.927" W area, pursuant to the remediation efforts of the U.S.
thence to 45 36' 08.775" N/122 46' 33.888" W thence to 45 36' Environmental Protection Agency (EPA) and others in the Thea
09.121" N/122 46' 35.337" W thence to 45 36' 09.230" N/122 Foss and Wheeler-Osgood Waterways EPA superfund cleanup
46' 36.166" W thence to 45 36' 09.442" N/122 46' 37.759" W site. Vessels may otherwise transit or navigate within this area
thence to 45 36' 09.865" N/122 46' 39.511" W thence to 45 36' without reservation.
10.421" N/122 46' 39.469" W thence to 45 36' 10.634" N/122
46' 39.056" W. (2) The prohibition described in paragraph (b)(1) of this section
does not apply to vessels or persons engaged in activities
(b) Regulations. All vessels are prohibited from anchoring, associated with remediation efforts in the Thea Foss or Wheeler-
dragging, dredging, or trawling in the regulated navigation areas Osgood Waterways superfund sites, provided that the Captain of
established in paragraph (a) of this section. the Port, Puget Sound (COTP), is given advance notice of those
activities by the EPA.
[USCG-2008-1017, 74 FR 59101, Nov. 17, 2009, as amended at
75 FR 10688, Mar. 9, 2010; 75 FR 18055, Apr. 9, 2010; 75 FR (c) Waiver. Upon written request stating the need and proposed
41988, July 20, 2010] conditions of the waiver, and any proposed precautionary
measures, the COTP may authorize a waiver from this section if
the COTP determines that the activity for which the waiver is
165.1327 Security Zone; Escorted U.S. Navy Submarines in
sought can take place without undue risk to the remediation
Sector Seattle Captain of the Port Zone.
efforts described in paragraph (b)(1) of this section. The COTP
(a) Location. The following area is a security zone: All waters
will consult with EPA in making this determination when
within 1000 yards of any U.S. Navy submarine that is operating in
necessary and practicable.
the Sector Puget Sound Captain of the Port Zone, as defined in
33 CFR Section 3.65-10, and is being escorted by the Coast
[USCG-2008-0747, 75 FR 76281, Dec. 8, 2010]
Guard.
165.1335 Security Zone; Vessels Carrying Hazardous Cargo,
(b) Regulations. In accordance with the general regulations in 33
Sector Columbia River Captain of the Port Zone.
CFR Section 165, Subpart D, no person or vessel may enter or
(a) Location. The following area is a security zone: All waters
remain in the security zone created by paragraph (a) of this
within 500 yards, in all directions, of any vessel carrying
section unless authorized by the Coast Guard patrol commander.
hazardous cargo, as determined by the Captain of the Port
The Coast Guard patrol commander will coordinate with Vessel
(COTP) Columbia River, while such a vessel is located in the
Traffic System users on a case-by-case basis to make
Sector Columbia River COTP Zone as defined in 33 CFR 3.65-15
appropriate passing arrangements under the circumstances. 33
and the COTP Columbia River determines that a security zone is
CFR Section 165, Subpart D, contains additional provisions
necessary and enforcement of the security zone is practicable.
applicable to the security zone created in paragraph (a) of this
section.
(b) Regulations.
(c) Notification. The Coast Guard security escort will attempt,
(1) In accordance with the general regulations in 33 CFR part 165,
when necessary and practicable, to notify any persons or vessels
Subpart D, no person or vessel may enter or remain in a security
inside or in the vicinity of the security zone created in paragraph
zone created by this section without the permission of the COTP
(a) of this section of its existence via VHF Channel 16 and/or any
Columbia River or his/her designated representative. Designated
other means reasonably available.
representatives are Coast Guard personnel authorized by the
COTP Columbia River to grant persons or vessels permission to
[USCG-2009-1057, 75 FR 28204, May 20, 2010, as amended by
enter or remain in a security zone created by this section. Subpart
USCG-2010-0351, 75 FR 47212, Aug. 5, 2010]
D of 33 CFR part 165 contains additional provisions applicable to
a security zone created by this section.
165.1329 Regulated Navigation Area; Thea Foss and
Wheeler-Osgood Waterways EPA Superfund Cleanup Site,
(2) To request permission to enter a security zone created by this
Commencement Bay, Tacoma, WA.
section, contact Coast Guard Sector Columbia River at telephone
(a) Regulated Areas. The following areas are regulated
number 503-861-6212 or via VHF channel 16 (156.8 MHz) or
navigation areas:
VHF channel 22 (157.1 MHz).
(1) All waters of the Thea Foss Waterway bounded by a line
(c) Notification. When a security zone is created by this section,
connecting the following points: Point 1: 4715'43.49" N,
one or more Coast Guard vessels will be present to enforce the
12226'23.29" W; Point 2: 4715'44.59" N, 12226'19.89" W; Point
security zone and the COTP Columbia River will issue a local
3: 4715'39.01" N, 12226'15.99" W; Point 4: 4715'37.91" N,
broadcast notice to mariners.
12226'19.39" W. [Datum: NAD 1983].
[USCG-2009-1134, 76 FR 28317, May 17, 2011]
(2) All waters of the Thea Foss Waterway bounded by a line
connecting the following points: Point 1: 4715'22.74" N,
165.1336 Regulated Navigation Area; Pacific Sound
12225'57.15" W; Point 2: 4715'22.52" N, 12226'0.18" W; Point
Resources and Lockheed Shipyard Superfund Sites, Elliott
3: 4715'18.05" N, 12225'59.48" W; Point 4: 4715'18.26" N,
Bay, Seattle, WA.
12225'56.45" W. [Datum: NAD 1983].
(a) Regulated Areas. The following areas are regulated
navigation areas:
(3) All waters of the Thea Foss and Wheeler-Osgood Waterways
south of a line bounded by connecting the following points: Point
(1) All waters inside an area beginning at a point on the shore at
1: 4715'13.94" N, 12226'05.56" W; Point 2: 4715'15.01" N,
4735' 02.7" N 12222'23.00" W; thence north to 4735'26.00" N
12225'55.14" W. [Datum: NAD 1983].
12222'23.00" W; thence east to 4735'26.00" N 12221'52.50" W;
thence south to 4735'10.80" N 12221'52.50" W; thence

677
southwest to a point on the shoreline at 4735'05.9" N the COTP determines that the activity for which the waiver is
12221'58.00" W. [Datum: NAD 1983]. sought can take place without undue risk to the remediation
efforts described in paragraph (b)(1) of this section. The COTP
(2) All waters inside an area beginning at 4734' 52.16" N will consult with EPA in making this determination when
12221'27.11" W; thence to 4734' 53.46" N 12221'30.42" W; necessary and practicable.
thence to 4734' 37.92" N 12221'30.51" W; thence to 4734'
37.92" N 12221'27.65" W. [Datum: NAD 1983]. [USCG-2013-0293, 79 FR 62829, October 21, 2014]

(b) Regulations. 165.1339 Safety Zone; Coast Guard Exercise Area, Hood
Canal, Washington.
(1) All vessels and persons are prohibited from activities that (a) Location. The following area is a safety zone: All waters
would disturb the seabed, such as anchoring, dragging, trawling, encompassed within 500 yards of any vessel that is involved in a
spudding, or other activities that involve disrupting the integrity of Coast Guard training exercise while such vessel is transiting
the sediment caps installed in the designated regulated navigation Hood Canal, WA between Foul Weather Bluff and the entrance to
area, pursuant to the remediation efforts of the U.S. Dabob Bay. Vessels involved will be various sizes and can be
Environmental Protection Agency (EPA) and others in the Pacific identified as those flying the Coast Guard Ensign.
Sound Resources and Lockheed Shipyard EPA superfund sites.
Vessels may otherwise transit or navigate within this area without (b) Regulations. In accordance with the general regulations in 33
reservation. CFR Part 165, Subpart C, no person may enter or remain in the
safety zone created in this rule unless authorized by the Captain
(2) The prohibition described in paragraph (b)(1) of this section of the Port or a Designated Representative. See 33 CFR Part 165,
does not apply to vessels or persons engaged in activities Subpart C, for additional information and requirements. Vessel
associated with remediation efforts in the superfund sites, operators wishing to enter the zone during the enforcement period
provided that the Captain of the Port, Puget Sound (COTP), is must request permission for entry by contacting the on-scene
given advance notice of those activities by the EPA. patrol commander on VHF channel 13 or 16, or the Sector Puget
Sound Joint Harbor Operations Center at (206) 217-6001.
(3) Nothing in this section is intended to conflict with treaty fishing
rights of the Muckleshoot and Suquamish tribes, and they are not (c) Definition. Training exercises are defined as full scale
restricted from any type of fishing in the described area. exercises that are significant in nature and involve multiple units
and vessels. This safety zone will not be utilized by operations
(c) Waivers. Upon written request stating the need and proposed and training which is conducted daily or is routine in nature.
conditions of the waiver, and any proposed precautionary
measures, the COTP may authorize a waiver from this section if (d) Enforcement period. The safety zone described in paragraph
the COTP determines that the activity for which the waiver is (a) of this section would be enforced by the Captain of the Port
sought can take place without undue risk to the remediation only upon notice. Notice of enforcement by the Captain of the Port
efforts described in paragraph (b)(1) of this section. The COTP will be provided 45 days prior to execution of the exercise by all
will consult with EPA in making this determination when appropriate means, in accordance with 33 CFR 165.7(a). Such
necessary and practicable. means will include publication in the Federal Register, and may
also include Broadcast Notice to Mariners, Local Notice to
[USCG-2010-1145, 77 FR 21435, Apr. 10, 2012] Mariners, or both.

165.1338 Regulated Navigation Area; Slip 4 Early Action [USCG-2012-0900, 78 FR 8029, Feb. 7, 2013]
Area Superfund Site, Lower Duwamish Waterway, Seattle,
WA. 165.1341 Safety Zone; Portland Dragon Boat Races,
(a) Regulated Areas. The following areas are regulated Portland, OR.
navigation areas: All waters within the northern portion of Slip 4 (a) Safety Zones. The following area is a designated safety zone:
bounded by the shoreline and the southern boundary of the Early
Action Area defined as the line beginning at a point on the shore (1) Location. This safety zone is enclosed by four lines along the
at 4732'08.47" N, 12219'12.00" W; thence southeast to a point western side of the Willamette River extending from Tom McCall
on the shoreline at 4732'07.02" N, 12219'09.23" W (Datum: Waterfront Park between the Hawthorne and Marquam Bridges,
NAD 1983/91). Portland, OR: line one starting at 45-30'49" N/122-40'24" W then
heading east to 45-30'49" N/122-40'22" W then heading south to
(b) Regulations. 45-30'29" N/122-40'08" W then heading west to 45-30'26" N/122-
40'14" W then heading north ending at 45-30'49" N/122-40'24" W.
(1) All vessels and persons are prohibited from grounding, (2) Enforcement Period. This safety zone will be enforced from
anchoring, dragging, trawling, spudding, or otherwise contacting 8:00 a.m. to 6:00 p.m. on the first or second Saturday and Sunday
the riverbed within the designated regulated navigation area. of September.
Vessels may otherwise transit or navigate within this area in
accordance with the Navigation Rules. (b) Regulations. In accordance with the general regulations in 33
CFR Part 165, subpart C, no person may enter or remain in the
(2) The prohibition described in paragraph (b)(1) of this section safety zone created in this section or bring, cause to be brought,
does not apply to vessels or persons engaged in activities or allow to remain in the safety zone created in this section any
associated with remediation efforts in the superfund sites, vehicle, vessel, or object unless authorized by the Captain of the
provided that the Captain of the Port, Puget Sound (COTP), is Port or his designated representative. The Captain of the Port
given advance notice of those activities by the Environmental may be assisted by other Federal, State, or local agencies with
Protection Agency. the enforcement of the safety zone.

(3) The prohibition described in paragraph (b)(1) of this section [USCG-2014-0492, 79 FR 62832, Oct. 21, 2014]
does not apply to vessels or person engaged in fishing activities
pursuant to fishing rights held by treaty with the United States. 165.T13-239 Safety Zone; Grain-Shipment Vessels and
Grain-Shipment Assist Vessels, Columbia and Willamette
(c) Waivers. Upon written request stating the need and proposed Rivers.
conditions of the waiver, and any proposed precautionary (a) Definitions. As used in this section:
measures, the COTP may authorize a waiver from this section if

678
(1) Federal Law Enforcement Officer means any employee or (1) The Sector Columbia River Captain of the Port will cause
agent of the United States government who has the authority to notice of the enforcement of the grain-shipment and grain-
carry firearms and make warrantless arrests and whose duties shipment assist vessels safety zone to be made by all appropriate
involve the enforcement of criminal laws of the United States. means to effect the widest publicity among the affected segments
of the public as practicable, in accordance with 33 CFR 165.7.
(2) Navigable waters of the United States means those waters This notification of enforcement will identify the grain-shipment
defined as such in 33 CFR part 2. vessel by name and IMO number and the grain-shipment assist
vessels by name. Such means of notification may include, but are
(3) Navigation Rules means the International Regulations for not limited to, Broadcast Notices to Mariners or Local Notices to
Preventing Collisions at Sea, 1972 (commonly called 72 Mariners. The Sector Columbia River Captain of the Port will
COLREGS) and the Inland Navigation Rules published in 33 CFR issue a Broadcast Notice to Mariners or Local Notice to Mariners
part 83. notifying the public when enforcement of the safety zone is
suspended.
(4) Official Patrol means those persons designated by the
Captain of the Port to monitor a vessel safety zone, permit entry (2) Upon notice of enforcement by the Sector Columbia River
into the zone, give legally enforceable orders to persons or Captain of the Port, the Coast Guard will enforce the safety zone
vessels within the zone and take other actions authorized by the in accordance with rules set out in this section. Upon notice of
Captain of the Port. Federal Law Enforcement Officers authorized suspension of enforcement by the Sector Columbia River Captain
to enforce this section are designated as the Official Patrol. of the Port, all persons and vessels are authorized to enter, transit,
and exit the safety zone, consistent with the Navigation Rules.
(5) Public vessel means vessels owned, chartered, or operated
by the United States, or by a State or political subdivision thereof. (e) Regulation.

(6) Grain-shipment vessel means any vessel bound for or (1) In accordance with the general regulations in 165.23 of this
departing or having previously loaded cargo at any of the part, entry into or movement within these zones is prohibited
following waterfront facilities: Columbia Grain in Portland, OR, unless authorized by the Sector Columbia River Captain of the
United Grain Corporation in Vancouver, WA, Temco Irving in Port, the official patrol, or other designated representatives of the
Portland, OR, Temco Kalama in Kalama, WA, or Louis Dreyfus Captain of the Port.
Commodities in Portland, OR. This includes any vessel leaving
anchor in the Columbia and Willamette Rivers that is bound for or (2) To request authorization to enter or operate within the safety
had previously departed from the aforementioned waterfront zone contact the on-scene official patrol on VHF-FM channel 16
facilities. or 13, or the Sector Columbia River Command Center at phone
number (503) 861-6211. Authorization will be granted based on
(7) Grain-shipment assist vessel means any vessel bound for the necessity of access and consistent with safe navigation.
or departing from a grain-shipment vessel to assist it in navigation
during the movement of the grain-shipment vessel in the (3) Vessels authorized to enter or operate within the safety zone
Columbia and Willamette Rivers and their tributaries. This shall operate at the minimum speed necessary to maintain a safe
includes but is not limited to tugs, pilot boats, and launches. course and shall proceed as directed by the on-scene official
patrol. The Navigation Rules shall apply at all times within the
(8) Oregon Law Enforcement Officer means any Oregon Peace safety zone.
Officer as defined in Oregon Revised Statutes section 161.015.
(4) Maneuver-restricted vessels. When conditions permit, the on-
(9) Washington Law Enforcement Officer means any General scene official patrol, or a designated representative of the Captain
Authority Washington Peace Officer, Limited Authority of the Port at the Sector Columbia River Command Center,
Washington Peace Officer, or Specially Commissioned should:
Washington Peace Officer as defined in Revised Code of
Washington section 10.93.020. (i) Permit vessels constrained by their navigational draft or
restricted in their ability to maneuver to enter or operate within the
(b) Location. The following areas are safety zones: All navigable safety zone in order to ensure a safe passage in accordance with
waters of the United States within the Sector Columbia River the Navigation Rules; and
Captain of the Port Zone, extending from the surface to the sea
floor, that are: (ii) Permit commercial vessels anchored in a designated
anchorage area to remain at anchor within the safety zone; and
(1) Not more than 500 yards ahead of grain-shipment vessels and
200 yards abeam and astern of grain-shipment vessels underway (iii) Permit vessels that must transit via a navigable channel or
on the Columbia and Willamette Rivers and their tributaries. waterway to enter or operate within the safety zone in order to do
so.
(2) Not more than 100 yards ahead of grain-shipment assist
vessels and 50 yards abeam and astern of grain-shipment assist (f) Exemption. Public vessels as defined in paragraph (a) of this
vessels underway on the Columbia and Willamette Rivers and section are exempt from complying with paragraph (e) of this
their tributaries. section.

(3) Within a maximum 200-yard radius of grain-shipment vessels (g) Enforcement. Any Coast Guard commissioned, warrant, or
when anchored, at any berth, moored, or in the process of petty officer may enforce the rules in this section. In the navigable
mooring on the Columbia and Willamette Rivers. waters of the United States to which this section applies, when
immediate action is required and representatives of the Coast
(c) Effective Period. This section is effective as to persons with Guard are not present or are not present in sufficient force to
actual notice starting August 30, 2013. This rule is effective provide effective enforcement of this section, any Federal Law
starting on its publication in the Federal Register September 18, Enforcement Officer, Oregon Law Enforcement Officer, or
2013 for purposes of 5 U.S.C. 552. This rule will be in effect until Washington Law Enforcement Officer may enforce the rules
September 18, 2015 and will be activated for enforcement as contained in this section pursuant to 46 U.S.C. 70118. In addition,
described in paragraph (d) of this section. the Captain of the Port may be assisted by other federal, state, or
local agencies in enforcing this section.
(d) Notice of Enforcement.

679
(h) Waiver. The Captain of the Port Columbia River may waive shoreline at 45-37'52" N/122-41'46" W then heading 150 yards
any of the requirements of this section for any vessel or class of offshore to 45-37'48" N/122-41'50" W then heading up river 470
vessels upon finding that operational conditions or other yards to 45-37'40" N/122-41'34" W then heading 175 yards to the
circumstances are such that application of this section is shoreline ending at 45-37'44" N/122-41'29" W.
unnecessary or impractical for the purpose of port safety or
environmental safety. (3) Temco Portland. All navigable waters of the United States
within the Sector Columbia River Captain of the Port Zone
[FR Doc. 2013-22611 Filed 9-17-13; 8:45 am] enclosed by three lines and the shoreline: line one starting on the
shoreline at 45-32'10" N/122-40'34" W then heading 150 yards
165.T13-240 Safety Zones; Pacific Northwest Grain Handlers offshore to 45-32'09" N/122-40'39" W then heading up river 275
Association Facilities; Columbia and Willamette Rivers. yards to 45-32'01" N/122-40'33" W then heading 150 yards to the
(a) Definitions. As used in this section: shoreline ending at 45-32'04" N/122-40'28" W.

(1) Federal Law Enforcement Officer means any employee or (4) Temco Kalama. All navigable waters of the United States
agent of the United States government who has the authority to within the Sector Columbia River Captain of the Port Zone
carry firearms and make warrantless arrests and whose duties enclosed by three lines and the shoreline: line one starting on the
involve the enforcement of criminal laws of the United States. shoreline at 45-59'10" N/122-50'09" W then heading 150 yards
offshore to 45-59'09" N/122-50'14" W then heading up river 385
(2) Navigable waters of the United States means those waters yards to 45-58'58" N/122-50'07" W then heading 150 yards to the
defined as such in 33 CFR part 2. shoreline ending at 45-59'00" N/122-50'01" W.

(3) Navigation Rules means the International Regulations for (5) Louis Dreyfus Commodities. All navigable waters of the
Preventing Collisions at Sea, 1972 (commonly called 72 United States within the Sector Columbia River Captain of the
COLREGS) and the Inland Navigation Rules published in 33 CFR Port Zone enclosed by three lines and the shoreline: line one
Part 83. starting on the shoreline at 45-31'49" N/122-40'15" W then
heading 70 yards offshore to 45-31'48" N/122-40'17" W then
(4) Official Patrol means those persons designated by the heading up river 300 yards to 45-31'41" N/122-40'09" W then
Captain of the Port to monitor a vessel safety zone, permit entry heading 100 yards to the shoreline ending at 45-31'43" N/122-
into the zone, give legally enforceable orders to persons or 40'06" W.
vessels within the zone and take other actions authorized by the
Captain of the Port. Federal Law Enforcement Officers authorized (c) Effective Period. This section is effective without actual notice
to enforce this section are designated as the Official Patrol. from November 27, 2013 until November 27, 2015 and will be
activated for enforcement as described in paragraph (d) of this
(5) Public vessel means vessels owned, chartered, or operated section. Actual notice will be used from the date the rule was
by the United States, or by a State or political subdivision thereof. signed, October 31, 2013, until November 27, 2013.

(6) Grain-shipment vessel means any vessel bound for, (d) Enforcement Periods. The Sector Columbia River Captain of
departing from, or having previously loaded cargo at any of the the Port will cause notice of the enforcement of the grain facilities
following waterfront facilities: Columbia Grain in Portland, OR, safety zones to be made by all appropriate means to effect the
United Grain Corporation in Vancouver, WA, Temco Irving in widest publicity among the affected segments of the public as
Portland, OR, Temco Kalama in Kalama, WA, or Louis Dreyfus practicable, in accordance with 33 CFR 165.7. Such means of
Commodities in Portland, OR. This includes any vessel leaving notification may include, but are not limited to, Broadcast Notices
anchor in the Columbia and Willamette Rivers that is bound for or to Mariners or Local Notices to Mariners. The Sector Columbia
had previously departed from the aforementioned waterfront River Captain of the Port will issue a Broadcast Notice to Mariners
facilities. notifying the public when enforcement of the safety zone is
suspended.
(7) Grain-shipment assist vessel means any vessel bound for
or departing from a grain-shipment vessel to assist it in navigation Upon notice of enforcement by the Sector Columbia River
during the movement of the grain-shipment vessel in the Captain of the Port, the Coast Guard will enforce the safety zone
Columbia and Willamette Rivers and their tributaries. This in accordance with the rules set out in this section. Upon notice of
includes but is not limited to tugs, pilot boats, and launches. suspension of enforcement by the Sector Columbia River Captain
of the Port, all persons and vessels are authorized to enter, transit,
(8) Oregon Law Enforcement Officer means any Oregon Peace and exit the safety zone, consistent with the Navigation Rules.
Officer as defined in Oregon Revised Statutes section 161.015.
(e) Regulation.
(9) Washington Law Enforcement Officer means any General
Authority Washington Peace Officer, Limited Authority (1) In accordance with the general regulations in section 165.23 of
Washington Peace Officer, or Specially Commissioned this part, entry into or movement within these zones is prohibited
Washington Peace Officer as defined in Revised Code of unless authorized by the Sector Columbia River Captain of the
Washington section 10.93.020 Port, the official patrol, or other designated representatives of the
Captain of the Port.
(b) Locations. The following areas are safety zones:
(2) To request authorization to enter or operate within the safety
(1) Columbia Grain. All navigable waters of the United States zone contact the on-scene official patrol on VHF-FM channel 16
within the Sector Columbia River Captain of the Port Zone or 13, or the Sector Columbia River Command Center at phone
enclosed by three lines and the shoreline: line one starting on the number (503) 861-6211. Authorization will be granted based on
shoreline at 45-38'34" N/122-46'11" W then heading 150 yards the necessity of access and consistent with safe navigation.
offshore to 45-38'37" N/122-46'16" W then heading up river 380
yards to 45-38'30" N/122-46'28" W then heading 150 yards to the (3) Vessels authorized to enter or operate within the safety zone
shoreline ending at 45-38'27" N/122-46'24" W. shall operate at the minimum speed necessary to maintain a safe
course and shall proceed as directed by the on-scene official
(2) United Grain Corporation. All navigable waters of the United patrol. The Navigation Rules shall apply at all times within the
States within the Sector Columbia River Captain of the Port Zone safety zone.
enclosed by three lines and the shoreline: line one starting on the

680
(4) When conditions permit, the on-scene official patrol, or a [USCG-2013-0935, 80 FR 1338, Jan. 9, 2015]
designated representative of the Captain of the Port at the Sector
Columbia River Command Center, should: 165.1402 [Removed]

(i) Permit vessels constrained by their navigational draft or 165.1403 Security Zones; Tinian, Commonwealth of the
restricted in their ability to maneuver to enter or operate within the Northern Mariana Islands.
safety zone in order to ensure a safe passage in accordance with (a) Location. The following areas are security zones:
the Navigation Rules; and
(1) The waters of the Pacific Ocean off Tinian between
(ii) Permit commercial vessels anchored in a designated 145904.9 N, 1453458.6 E to
anchorage area to remain at anchor within the safety zone; and 145920.1 N, 1453541.5 E to
145909.8 N, 1453602.1 E to
(iii) Permit vessels that must transit via a navigable channel or
waterway to enter or operate within the safety zone in order to do 145749.3 N, 1453628.7 E to
so. 145729.1 N, 1453531.1 E and back to
145904.9 N, 1453458.6 E.
(f) Exemption. Public vessels as defined in paragraph (a) of this This zone will be enforced when one, or more, of the Maritime
section are exempt from complying with paragraph (e) of this Preposition Ships is in the zone or moored at Mooring A
section. located at
145857.0 N and 1453540.8 E or Mooring B
(g) Enforcement. Any Coast Guard commissioned, warrant, or located at
petty officer may enforce the rules in this section. In the navigable
145815.9 N, 1453554.8 E.
waters of the United States to which this section applies, when
immediate action is required and representatives of the Coast
(2) Additionally, a 50-yard security zone in all directions around
Guard are not present or are not present in sufficient force to
Moorings A and B will be enforced when no vessels are moored
provide effective enforcement of this section, any Federal Law
Enforcement Officer, Oregon Law Enforcement Officer, or thereto but mooring balls are anchored and on station.
Washington Law Enforcement Officer may enforce the rules
contained in this section pursuant to 46 U.S.C. 70118. In addition, Note to 165.1403(a):All positions of latitude and longitude are
the Captain of the Port may be assisted by other federal, state, or from International Spheroid, Astro Pier 1944 (Saipan) Datum
local agencies in enforcing this section. (NOAA Chart 81071).

(h) Waiver. The Captain of the Port Columbia River may waive (b) Regulations.
any of the requirements of this section for any vessel or class of
(1) In accordance with general regulations in 165.33 of this part,
vessels upon finding that operational conditions or other
circumstances are such that application of this section is entry into this security zone is prohibited unless authorized by the
Captain of the Port.
unnecessary or impractical for the purpose of port safety or
environmental safety.
[COTP Honolulu Reg. 86-08, 51 FR 42220, Nov. 24, 1986, as
[FR Doc. 2013-28362 Filed 11-26-13; 8:45 am] amended by USCG-2001-9286, 66 FR 33642, June 25, 2001;
COTP Guam 07-005, 72 FR 65460, Nov. 21, 2007]
Fourteenth Coast Guard District 165.1404 Apra Harbor, GuamSecurity Zone.
(a) The following is designated as Security Zone C The
165.1401 Apra Harbor, Guam-safety zones.
waters of Apra Outer Harbor, Guam surrounding Naval Mooring
(a) Location.
Buoy No. 702 (Located at 132730.1 N and 14438
(1) The following is designated Safety Zone A: The waters of 12.9 E. Based on World Geodetic System 1984 Datum) and the
Apra Outer Harbor encompassed within an arc of 1,000 yards Maritime Prepositioning ships moored thereto. The security zone
radius centered at the center of Naval Wharf Kilo, located at 13 will extend 100 yards in all directions around the vessel and its
degrees 26'44.5" N and 144 degrees 37'50.7" E. (Based on World mooring. Additionally, a 50 yard security zone will remain in effect
Geodetic System 1984 Datum). in all directions around buoy No. 702 when no vessel is moored
thereto.
(2) The following is designated Safety Zone B: The waters of
Apra Outer Harbor encompassed within an arc of 1,400 yards (b) In accordance with the general regulations in 165.33 of this
radius centered at the center of Naval Wharf Kilo, located at 13 part, entry into Security Zone C is prohibited unless authorized by
degrees 26'44.5" N and 144 degrees 37'50.7" E. (Based on World the Captain of the Port, Guam.
Geodetic System 1984 Datum).
[COTP Guam Reg. 89-001, 55 FR 18725, May 4, 1990]
(b) Special regulations.
165.1405 Regulated Navigation Areas and Security Zones:
(1) Safety Zone A, described in paragraph (a) of this section, will Designated Escorted Vessels-Philippine Sea and Apra
only be enforced when Naval Wharf Kilo, or a vessel berthed at Harbor Guam, and Tanapag Harbor, Saipan, Commonwealth
Naval Wharf Kilo, is displaying a red (BRAVO) flag by day or a of the Northern Mariana Islands (CNMI).
red light by night, accompanied by a "SAFETY ZONE A" sign. (a) Regulated navigation area. The following areas, designated
by coordinates referencing World Geodetic Datum (1984), are
(2) Safety Zone B, described in paragraph (a) of this section, will regulated navigation areas (RNAs).
only be enforced when Naval Wharf Kilo, or a vessel berthed at
Naval Wharf Kilo, is displaying a red (BRAVO) flag by day or a (1) Philippine Sea, Guam All waters from the surface to the
red light by night, accompanied by a "SAFETY ZONE B" sign. bottom of the Philippine Sea, Guam, encompassed by lines
connecting the following points, beginning at :
(3) Under general regulations in 165.23, entry into the zones
described in paragraph (a) of this section is prohibited unless 132710 N, 1443505 E, thence easterly to
authorized by the Captain of the Port, Guam. 132717 N, 1443727 E, thence south westerly to
132652 N, 1443705 E, thence westerly to

681
132637 N, 1443505 E, thence due north back to (5) Persons or vessels that must enter a security zone or exceed
point of origin. speed limits established in this section may contact the COTP at
command center telephone number (671) 339-6100 or on VHF
(2) Apra Outer Harbor, Guam-All waters from surface to bottom channel 16 (156.8 Mhz) to request permission.
of Apra Outer Harbor, Guam, shoreward of the COLREGS
Demarcation line as described in 33 CFR part 80. (6) All persons and vessels within 500 yards of an escorted vessel
in the RNA must comply with the orders of the COTP Guam or his
(3) Tanapag Harbor, SaipanThe waters from surface to bottom designated representatives.
of Tanapag Harbor, Saipan (CNMI), encompassed by lines
connecting the following points, beginning at: (e) Authority. In addition to 33 U.S.C. 1231 and 50 U.S.C. 191,
the authority for this section includes 33 U.S.C. 1226.
151210 N, 1454028 E, thence north easterly to
[FR Doc. 2015-00181 Filed 1-8-15; 8:45 am]
151408 N, 1454200 E, thence due east to
151408 N, 1454402 E, thence south easterly to 165.1406 Safety Zone: Pacific Missile Range Facility (PMRF),
151354 N, 1444420 E, thence south westerly Barking Sands, Island Of Kauai, Hawaii.
along the shoreline to (a) Location. The following area is established as a safety zone
151311 N, 1454301 E, thence south westerly to during launch operations at PMRF, Kauai, Hawaii: The waters
bounded by the following coordinates: (22 01.2N, 159 47.3W),
151210 N, 1454028 E.
(22 01.2N, 159 50.7W), (22 06.3N, 159 50.7W), (22 06.3N,
159 44.8W). (Datum: OHD)
(b) Security zones. A 100-yard radius security zone is
established around, and is centered on, each escorted vessel (b) Activation. The above safety zone will be activated during
within the regulated navigation areas in paragraph (a) of this launch operations at PMRF, Kauai, Hawaii. The Coast Guard will
section. A security zone is activated when an escorted vessel
provide notice that the safety zone will be activated through
enters an RNA and remains active until the escorted vessel
published and broadcast local notice to mariners prior to
leaves the RNA. This is a moving security zone when the scheduled launch dates.
escorted vessel is in transit and becomes a fixed zone when the
escorted vessel is anchored or moored. A security zone will not
(c) Regulation. The area described in paragraph (a) of this
extend beyond the boundary of the RNA in this section. section will be closed to all vessels and persons, except those
vessels and persons authorized by the Commander, Fourteenth
(c) Definitions. As used in this section:
Coast Guard District, or the Captain of the Port (COTP) Honolulu,
Hawaii, whenever Strategic Target System (STARS) vehicles are
(1) Designated representative means any Coast Guard
to be launched by the United States Government from the PMRF,
commissioned, warrant, or petty officer that has been authorized
Barking Sands, Kauai, Hawaii.
to act on behalf of the COTP.
(d) The general regulations governing safety zones contained in
(2) Escorted Vessel means any vessel operating in the RNA
33 CFR 165.23 apply.
deemed by the COTP to be in need of escort protection for
security reasons or under other circumstances. A designated
[CGD14 92-05, 57 FR 54508, Nov. 19, 1992; 61 FR 33660, June
representative aboard a Coast Guard cutter or patrol boat will
28, 1996]
accompany vessels deemed in need of escort protection into the
RNA. 165.1407 Security Zones; Oahu, HI.
(a) Location. The following areas, from the surface of the water
(3) Navigation rules mean international and inland navigation to the ocean floor, are security zones that are activated and
rules in 33 CFR chapter I, subchapters D and E. enforced subject to the provisions of paragraphs (c) and (d). All
coordinates below are expressed in degrees, minutes, and tenths
(4) Vessel means every description of watercraft or other artificial or hundredths of minutes.
contrivance used, or capable of being used, as a means of
transportation on water, except U.S. Coast Guard or U.S. naval
(1) Honolulu Harbor. All waters of Honolulu Harbor and Honolulu
vessels.
entrance channel commencing at a line between entrance
channel buoys no. 1 and no. 2, to a line between the fixed day
(d) Regulations.
beacons no. 14 and no. 15 west of Sand Island Bridge.
(1) No person or vessel may enter into the security zones under (2) Honolulu Harbor Anchorages B, C, and D. All waters
this section unless authorized by the COTP Guam or a
extending 100 yards in all directions from each vessel in excess
designated representative.
of 300 gross tons anchored in Honolulu Harbor Anchorage B, C,
or D, as defined in 33 CFR 110.235(a).
(2) A vessel in the RNA established under paragraph (a) of this
section operating within 500 yards of an escorted vessel must
(3) Kalihi Channel and Keehi Lagoon, Oahu. All waters of Kalihi
proceed at a minimum speed necessary to maintain a safe course, Channel and Keehi Lagoon beginning at Kalihi Channel entrance
unless required to maintain speed by the navigation rules.
buoy no. 1 and continuing along the general trend of Kalihi
Channel to day beacon no. 13, thence continuing on a bearing of
(3) When an escorted vessel in the RNA approaches within 100 332.5T to shore, thence east and south along the general trend
yards of a vessel that is moored, or anchored in a designated
of the shoreline to day beacon no. 15, thence southeast to day
anchorage area, the stationary vessel must stay moored or
beacon no. 14, thence southeast along the general trend of the
anchored while it remains within the escorted vessel's security shoreline of Sand Island, to the southwest tip of Sand Island at
zone unless it is either ordered by, or given permission from the
2118.0 N/15753.05 W, thence southwest on a bearing of
COTP Guam or a designated representative to do otherwise.
233T to Kalihi Channel entrance buoy no. 1.
(4) The COTP will inform the public of the existence or status of
the security zones around escorted vessels in the RNA (4) Honolulu International Airport
periodically by Broadcast Notice to Mariners.
(i) Honolulu International Airport, North Section. All waters

682
surrounding Honolulu International Airport from 21 18.25 (ii) Whenever the Captain of the Port, after considering all
N/157 55.58 W, thence south to 2118.0 N/157 55.58 available facts, determines that there is a heightened risk of a
W, thence east to the western edge of Kalihi Channel, thence transportation security incident or other serious maritime incident,
north along the western edge of the channel to day beacon no. 13, including but not limited to any incident that may cause a
thence northwest at a bearing of 332.5T to shore. significant loss of life, environmental damage, transportation
system disruption, or economic disruption in a particular area.
(ii) Honolulu International Airport, South Section. All waters
near Honolulu International Airport from 21 18.0 N/157 (2) A notice will be published in the Federal Register reporting
when events in paragraph (d)(1)(i) or (d)(1)(ii) have occurred.
55.58 W, thence south to 2116.5 N/15755.58 W,
thence east to 2116.5 N/15754.0 W (the extension of the (3) The Captain of the Port of Honolulu will cause notice of the
western edge of Kalihi Channel), thence north along the western enforcement of the security zones listed in paragraph (d)(1) of this
edge of the channel to Kalihi Channel buoy 5, thence west to section and notice of suspension of enforcement to be made by
2118.0 N/15755.58 W. appropriate means to affect the widest publicity, including the use
of broadcast notice to mariners and publication in the local notice
(5) Barbers Point Offshore Moorings. All waters around the to mariners.
Tesoro Single Point and the Chevron Conventional Buoy
Moorings beginning at 2116.43 N/15806.03 W, thence (e) Informational notices. The Captain of the Port will cause
northeast to 2117.35 N/1583.95 W, thence southeast to notice of the presence of the security zones established in
21 16.47 N/ 158 03.5 W, thence southwest to 21 paragraph (a)(2) of this section, Honolulu Harbor Anchorages B,
15.53 N/15805.56 W, thence north to the beginning point. C, and D, to be made by appropriate means to affect the widest
publicity, including the use of broadcast notice to mariners and
(6) Barbers Point Harbor, Oahu. All waters contained within the publication in the local notice to mariners.
Barbers Point Harbor, Oahu, enclosed by a line drawn between
Harbor Entrance Channel Light 6 and the jetty point day beacon (f) Enforcement. Any Coast Guard commissioned, warrant, or
petty officer, and any other Captain of the Port representative
at 2119.5 N/15807.26 W.
permitted by law, may enforce the rules in this section.
(7) Kahe Point, Oahu. All waters adjacent to the Hawaiian
(g) Waiver. The Captain of the Port, Honolulu may waive any of
Electric Company power plant at Kahe Point within 500 yards of
the requirements of this section for any vessel or class of vessels
21 21.30' N/158 07.7 W (lighted tower). upon his or her determination that application of this section is
unnecessary or impractical for the purpose of port and maritime
(b) Definitions. As used in this section, MARSEC Level 2 or security.
Maritime Security Level 2 means, as defined in 33 CFR 101.105,
the level for which appropriate additional protective security (h) Penalties. Vessels or persons violating this section are
measures shall be maintained for a period of time as a result of subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C.
heightened risk of a transportation security incident. 192.
(c) Regulations. [CGD14-04-116, 70 FR 75040, Dec. 19, 2005, as amended by
CGD 14-07-001, 72 FR 44777, Aug. 9, 2007; 72 FR 57863, Oct.
(1) Under 33 CFR 165.33, entry into the security zones described 11, 2007; USCG-2009-0416, 74 FR 27442, June 10, 2009]
in this section is prohibited unless authorized by the Coast Guard
Captain of the Port, Honolulu or his or her designated 165.1408 Security Zones; Maui, HI.
representatives. (a) Location. The following areas, from the surface of the water
to the ocean floor, are security zones that are activated and
(2) Persons desiring to transit the areas of the security zones may enforced subject to the provisions in paragraph (c):
contact the Captain of the Port at Command Center telephone
number (808) 842-2600 and (808) 842-2601, fax (808) 842-2624 (1) Kahului Harbor, Maui. All waters extending 100 yards in all
or on VHF channel 16 (156.8 Mhz) to seek permission to transit directions from each large passenger vessel in Kahului Harbor,
the area. Written requests may be submitted to the Captain of Maui, HI or within 3 nautical miles seaward of the Kahului Harbor
Port, U.S. Coast Guard Sector Honolulu, Sand Island Access COLREGS DEMARCATION (See 33 CFR 80.1460). This is a
Road, Honolulu, Hawaii 96819, or faxed to (808) 842-2622. If moving security zone when the LPV is in transit and becomes a
permission is granted, all persons and vessels must comply with fixed zone when the LPV is anchored, position-keeping, or
the instructions of the Captain of the Port or his or her designated moored.
representatives. For all seaplane traffic entering or transiting the
security zones, a seaplane's compliance with all Federal Aviation (2) Lahaina, Maui. All waters extending 100 yards in all directions
Administration regulations (14 CFR parts 91 and 99) regarding from each large passenger vessel in Lahaina, Maui, whenever the
flight-plan approval is deemed adequate permission to transit the LPV is within 3 nautical miles of Lahaina Light (LLNR 28460). The
waterway security zones described in this section. security zone around each LPV is activated and enforced whether
the LPV is underway, moored, position-keeping, or anchored, and
(d) Notice of enforcement or suspension of enforcement of will continue in effect until such time as the LPV departs Lahaina
security zones. and the 3-mile enforcement area.
(1) The security zones described in paragraphs (a)(3) (Kalihi (b) Definitions. As used in this section, large passenger vessel or
Channel and Keehi Lagoon, Oahu), (a)(4)(i) (Honolulu LPV means a cruise ship more than 300 feet in length that carries
International Airport, North Section), (a)(4)(ii) (Honolulu passengers for hire, and any passenger ferry more than 300 feet
International Airport, South Section), (a)(6) (Barbers Point Harbor, in length that carries passengers for hire.
Oahu), and (a)(7) (Kahe Point, Oahu) of this section, will be
enforced only upon the occurrence of one of the following (c) Regulations.
events
(1) Under 33 CFR 165.33, entry into the security zones created by
(i) Whenever the Maritime Security (MARSEC) level, as defined in this section is prohibited unless authorized by the Coast Guard
33 CFR part 101, is raised to 2 or higher; or Captain of the Port, Honolulu or his or her designated
representatives. When authorized passage through a large

683
passenger vessel security zone, all vessels must operate at the (b) Definitions. As used in this section, large passenger vessel or
minimum speed necessary to maintain a safe course and must LPV means a cruise ship more than 300 feet in length that carries
proceed as directed by the Captain of the Port or his or her passengers for hire, and any passenger ferry more than 300 feet
designated representatives. No person is allowed within 100 in length that carries passengers for hire.
yards of an LPV that is underway, moored, position-keeping, or at
anchor, unless authorized by the Captain of the Port or his or her (c) Regulations.
designated representative.
(1) Under 33 CFR 165.33, entry into the security zones created by
(2) When conditions permit, the Captain of the Port, or his or her this section is prohibited unless authorized by the Coast Guard
designated representative, may permit vessels that are at anchor, Captain of the Port, Honolulu or his or her designated
restricted in their ability to maneuver, or constrained by draft to representative. When authorized passage through a large
remain within an LPV security zone in order to ensure passenger vessel security zone, all vessels must operate at the
navigational safety. minimum speed necessary to maintain a safe course and must
proceed as directed by the Captain of the Port or his or her
(3) Persons desiring to transit the areas of the security zones in designated representatives. No person is allowed within 100
this section may contact the Captain of the Port at Command yards of a large passenger vessel that is underway, moored,
Center telephone number (808) 842-2600 or on VHF channel 16 position-keeping, or at anchor, unless authorized by the Captain
(156.8 Mhz) to seek permission to transit the area. Written of the Port or his or her designated representatives.
requests may be submitted to the Captain of Port, U.S. Coast
Guard Sector Honolulu, Sand Island Access Road, Honolulu, (2) When conditions permit, the Captain of the Port, or his or her
Hawaii 96819, or faxed to (808) 842-2622. If permission is designated representatives, may permit vessels that are at anchor,
granted, all persons and vessels must comply with the restricted in their ability to maneuver, or constrained by draft to
instructions of the Captain of the Port or his or her designated remain within an LPV security zone in order to ensure
representatives. For all seaplane traffic entering or transiting the navigational safety.
security zones, compliance with all Federal Aviation
Administration regulations (14 CFR parts 91 and 99) regarding (3) Persons desiring to transit the areas of the security zones in
flight-plan approval is deemed adequate permission to transit the this section may contact the Captain of the Port at Command
waterway security zones described in this section. Center telephone number (808) 842-2600 or on VHF channel 16
(156.8 Mhz) to seek permission to transit the area. Written
(d) Enforcement. Any Coast Guard commissioned, warrant, or requests may be submitted to the Captain of Port, U.S. Coast
petty officer, and any other Captain of the Port representative Guard Sector Honolulu, Sand Island Access Road, Honolulu,
permitted by law, may enforce the rules in this section. Hawaii 96819, or faxed to (808) 842-2622. If permission is
granted, all persons and vessels must comply with the
(e) Waiver. The Captain of the Port, Honolulu may waive any of instructions of the Captain of the Port or his or her designated
the requirements of this section for any vessel or class of vessels representatives. For all seaplane traffic entering or transiting the
upon his or her determination that application of this section is security zones, compliance with all Federal Aviation
unnecessary or impractical for the purpose of port and maritime Administration regulations (14 CFR parts 91 and 99) regarding
security. flight-plan approval is deemed adequate permission to transit the
waterway security zones described in this section.
(f) Penalties. Vessels or persons violating this section are subject
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192. (d) Enforcement. Any Coast Guard commissioned, warrant, or
petty officer, and any other Captain of the Port representative
[CGD14-04-116, 70 FR 75040, Dec. 19, 2005, as amended by permitted by law, may enforce the rules in this section.
CGD 14-07-001, 72 FR 44777, Aug. 9, 2007]
(e) Waiver. The Captain of the Port, Honolulu may waive any of
165.1409 Security Zones; Hawaii, HI. the requirements of this section for any vessel or class of vessels
(a) Location. The following areas, from the surface of the water upon his or her determination that application of this section is
to the ocean floor, are security zones that are activated and unnecessary or impractical for the purpose of port and maritime
enforced subject to the provisions in paragraph (c): security.

(1) Hilo Harbor, Hawaii. All waters extending 100 yards in all (f) Penalties. Vessels or persons violating this section are subject
directions from each large passenger vessel in Hilo Harbor, to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
Hawaii, HI or within 3 nautical miles seaward of the Hilo Harbor
COLREGS DEMARCATION (See 33 CFR 80.1480). This is a [CGD14-04-116, 70 FR 75041, Dec. 19, 2005, as amended by
moving security zone when the LPV is in transit and becomes a CGD14-07-001, 72 FR 44777, Aug. 9, 2007]
fixed zone when the LPV is anchored, position-keeping, or
moored. 165.1410 Security Zones; Kauai, HI.
(a) Location. The following areas, from the surface of the water
(2) Kailua-Kona, Hawaii. All waters extending 100 yards in all to the ocean floor, are security zones that are activated and
directions from each large passenger vessel in Kailua-Kona, enforced subject to the provisions in paragraph (c):
Hawaii, whenever the LPV is within 3 nautical miles of
Kukailimoku Point. The 100-yard security zone around each LPV (1) Nawiliwili Harbor, Lihue, Kauai. All waters extending 100
is activated and enforced whether the LPV is underway, moored, yards in all directions from each large passenger vessel in
position-keeping, or anchored and will continue in effect until such Nawiliwili Harbor, Kauai, HI or within 3 nautical miles seaward of
time as the LPV departs Kailua-Kona and the 3-mile enforcement the Nawiliwili Harbor COLREGS DEMARCATION (See 33 CFR
area. 80.1450). This is a moving security zone when the LPV is in
transit and becomes a fixed zone when the LPV is anchored,
(3) Kawaihae Harbor, Hawaii. All waters extending 100 yards in position-keeping, or moored.
all directions from each large passenger vessel in Kawaihae
Harbor, Hawaii, or within 3 nautical miles seaward of the (2) Port Allen, Kauai. All waters extending 100 yards in all
Kawaihae Harbor COLREGS DEMARCATION (See 33 CFR directions from each large passenger vessel in Port Allen, Kauai,
80.1470). The 100-yard security zone around each LPV is HI or within 3 nautical miles seaward of the Port Allen COLREGS
activated and enforced whether the LPV is underway, moored, DEMARCATION (See 33 CFR 80.1440). This is a moving security
position-keeping, or anchored.

684
zone when the LPV is in transit and becomes a fixed zone when or other means reasonably available. 33 CFR part 165.30 and
the LPV is anchored, position-keeping, or moored. 165.33 contain additional provisions applicable to the security
zone created in paragraph (a) of this section.
(b) Definitions. As used in this section, large passenger vessel
or LPV means a cruise ship more than 300 feet in length that (c) Effective period. This rule is effective from 6:00 a.m. on June
carries passengers for hire, and any passenger ferry more than 12, 2010 Hawaiian Standard Time (HST).
300 feet in length that carries passengers for hire.
(d) Notification. The Coast Guard security escort will attempt,
(c) Regulations. when necessary and practicable, to notify any persons or vessels
inside or in the vicinity of the security one created in paragraph (a)
(1) Under 33 CFR 165.33, entry into the security zones created by of this section of the zone's existence via VHF Channel 16 or
this section is prohibited unless authorized by the Coast Guard other means reasonably available.
Captain of the Port, Honolulu or his or her designated
representative. When authorized passage through an LPV (e) Penalties. Vessels or persons violating this rule are subject to
security zone, all vessels must operate at the minimum speed the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
necessary to maintain a safe course and must proceed as
directed by the Captain of the Port or his or her designated [USCG-2010-0409, 75 FR 33704, June 15, 2010]
representative. No person is allowed within 100 yards of a large
passenger vessel that is underway, moored, position-keeping, or 165.1413 Regulated navigation area; Southern Oahu
at anchor, unless authorized by the Captain of the Port or his or Tsunami Evacuation; Honolulu, Hawaii.
her designated representative.
(a) Location. The following area is a regulated navigation area
(2) When conditions permit, the Captain of the Port, or his or her (RNA): All waters of the Pacific Ocean south of the southern side
designated representative, may permit vessels that are at anchor, of Oahu, HI extending from the surface of the water to the ocean
restricted in their ability to maneuver, or constrained by draft to floor, and is bound by a line connecting the following points:
remain within an LPV security zone in order to ensure 2117'14" N, 15755'34" W; 2113'30" N, 15755'34" W; 2113'30"
navigational safety. N, 15748'20" W; 2114'14" N, 15748'20" W thence westward
along the 50-fathom line to the beginning point. These
(3) Persons desiring to transit the areas of the security zones may coordinates are based upon the National Oceanic and
contact the Captain of the Port at Command Center telephone Atmospheric Administration Coast Survey, Pacific Ocean, Oahu,
number (808) 842-2600 or on VHF channel 16 (156.8 Mhz) to Hawaii, chart 19357.
seek permission to transit the area. Written requests may be
submitted to the Captain of Port, U.S. Coast Guard Sector (b) Regulations. You may contact the Coast Guard on VHF
Honolulu, Sand Island Access Road, Honolulu, Hawaii 96819, or Channel 16 (156.800 MHz) or at telephone number 808-842-2600,
faxed to (808) 842-2622. If permission is granted, all persons and to obtain clarification on RNA transits and locations. Operations
vessels must comply with the instructions of the Captain of the permitting, the Coast Guard plans to provide on-scene direction
Port or his or her designated representatives. For all seaplane using Coast Guard patrol boats and assets. During the
traffic entering or transiting the security zones, compliance with all enforcement period persons and vessels wishing to remain inside
Federal Aviation Administration regulations (14 CFR parts 91 and the RNA must abide by the following stipulations:
99) regarding flight-plan approval is deemed adequate permission
to transit the waterway security zones described in this section. (1) No person or vessel may enter into an exclusionary area 3.7
nautical miles long by 1 nautical mile wide, centered lengthwise
(d) Enforcement. Any Coast Guard commissioned, warrant, or and along a line running seaward at 208 degrees southwest of
petty officer, and any other Captain of the Port representative Honolulu Harbor Front Range Light, except to transit to or from
permitted by law, may enforce the rules in this section. the staging areas or other areas outside the zone. Loitering or
lingering in the exclusionary zone is prohibited.
(e) Waiver. The Captain of the Port, Honolulu may waive any of
the requirements of this section for any vessel or class of vessels (2) The Western Recreational Vessel Staging area is bound by
upon his or her determination that application of this section is the following points: 2117'14" N, 15755'34" W; 2113'30" N,
unnecessary or impractical for the purpose of port and maritime 15755'34" W; 2113'30" N, 15755'17" W; 2116'46" N,
security. 15753'23" W and then along the 50-fathom line to the beginning
point. This staging area is intended for recreational vessels
(f) Penalties. Vessels or persons violating this section are subject departing from and returning to the Keehi Lagoon area.
to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
(3) The Commercial Vessel Staging Area is bound by a line
[CGD14-04-116, 70 FR 75041, Dec. 19, 2005, as amended by connecting the following points: 2116'48" N, 15752'10" W;
CGD14-07-001, 72 FR 44778, Aug. 9, 2007] 2113'30" N, 15754'05" W; 2113'30" N, 15751'36" W; 2115'55"
N, 15750'58" W and then along the 50-fathom line to the
165.1412 Security Zone; Escorted U.S. Navy Submarines in beginning point. This staging area is intended for use by all
Sector Honolulu Captain of the Port Zone. commercial vessels intended to remain in the RNA during a
(a) Location. The following area is a security zone: all waters, tsunami treat.
from the surface to the ocean floor, within 1,000 yards of any U.S.
Navy submarine that is (4) The Eastern Recreational Vessel Staging Area is bound by the
following points: 2115'55" N, 15750'58" W; 2113'30" N,
(1) operating in the Sector Honolulu Captain of the Port Zone, as 15751'36" W; 2113'30" N, 15748'20" W; 2114'14" N,
defined in 33 CFR 3.70-10, and that 15748'20" W and then along the 50-fathom line to the beginning
point. The Commercial Vessel Staging Area borders this staging
(2) is being escorted by the U.S. Coast Guard. area's western edge. The dividing line between the Commercial
Vessel Staging Area and the Eastern Recreational Vessel Staging
(b) Regulations. In accordance with the general regulations in 33 Area can be determined visually. The private dayboards located
CFR 165, Subpart D, no person or vessel may enter or remain in in the Ala Wai Small Boat Harbor and the La Ronde Rotating
the security zone created by paragraph (a) of this section unless Restaurant roof top restaurant form a natural range that mariners
authorized by the Coast Guard patrol commander. The Coast can use in daylight hours to gauge the eastern boundary of the
Guard patrol commander may be contacted via VHF Channel 16 Commercial Vessel Staging Area and the western boundary of

685
the Eastern Recreational Vessel Staging Area. This eastern (b) Regulations. When the safety zones are activated and,
recreational staging area is intended for use by recreational therefore, subject to enforcement, no person or vessel may enter
vessels departing from and returning to the Ala Wai Small Boat or remain in the safety zone except for support vessels, support
harbor and Kewalo Basin. personnel, and other vessels authorized by the Captain of the
Port, Sector Honolulu (COTP), or a designated representative of
(5) Located between the Western Recreational Vessel Staging the COTP. All commercial vessels must evacuate the harbor and
Area and the Commercial Vessel Staging Area is an Exclusion transit seaward beyond the 50 fathom (300 foot) curve. These
Area. This area is bound by the following points: 2116'46" N, commercial harbors will remain closed to all transiting vessels
15753'23" W; 2113'30" N, 15755'17" W; 2113'30" N, until the Captain of the Port Honolulu lifts the evacuation order. All
15754'05" W; 2116'48" N, 15752'10" W and then along the 50- other applicable regulations in 33 CFR 165 remain in effect and
fathom line to the beginning point. subject to enforcement. You may contact the Coast Guard on
VHF Channel 16 (156.800 MHz) or at telephone number 808-842-
(6) All vessels staging in the RNA must be seaward of the 50- 2600 to obtain clarification on safety zone transits and locations.
fathom (300 foot) line. Coast Guard patrol boats will be enforcing the safety zones and
providing on-scene direction. Any vessel not capable of
(c) Enforcement period. Paragraph (b) of this section will be evacuating must contact the Coast Guard Sector Command
enforced when a tsunami warning has been issued for the Center at (808) 842-2601 to request a waiver from evacuating the
Hawaiian Islands by the Pacific Tsunami Warning Center. The harbor.
COTP will notify the public of any enforcement, suspension of
enforcement, or termination of enforcement through appropriate (c) Enforcement period. Paragraph (b) of this section will be
means to ensure the widest publicity, including the use of enforced when a tsunami warning has been issued for the
broadcast notice to mariners, notices of enforcement and press Hawaiian Islands. The COTP will notify the public of any
releases. enforcement through the following means to ensure the widest
publicity: Broadcast notice to mariners, notices of enforcement,
(d) Penalties. Vessels or persons violating this rule are subject to press releases and the Coast Guard's Homeport Web site.
the penalties set forth in 33 U.S.C. 1232. Following the passage of the tsunami or tsunami threat and
harbor assessments as required, de-activation of these safety
[USCG-2012-0080, 79 FR 13324, Feb. 28, 2014] zones will be conducted through radio broadcast by the U.S.
Coast Guard.
165. 14-1414 Safety Zones; Hawaiian Islands Commercial
Harbors; HI. (d) Penalties. Vessels or persons violating this rule would be
(a) Location. The following commercial harbors are safety zones: subject to the penalties set forth in 33 U.S.C. 1232.

(1) All waters of Nawiliwili Harbor, Kauai inland from a line drawn [FR Doc. 2013-24904 Filed 10-23-13; 8:45 am]
between 21 56'58" N, 159 21'28" W and 21 57'11" N, 159
21'10" W; Seventeenth Coast Guard District
(2) All waters of Port Allen, Kauai immediately adjacent to the 165.1701 Port Valdez, Valdez, Alaska-Safety Zone.
Department of Transportation commercial pier (located at 21 The waters within the following boundaries are a safety zone-The
53'59" N, 157 35'21" W) extending out to 100 yards from the area within 200 yards of any waterfront facility at the Trans-Alaska
piers faces; Pipeline Valdez Terminal complex or vessels moored or anchored
at the Trans-Alaska Pipeline Valdez Terminal complex and the
(3) All waters of Barber's Point Harbor, Oahu inland from a line area within 200 yards of any tank vessel maneuvering to
drawn between 21 19'30" N, 158 07'14" W and 21 19'18" N, approach, moor, unmoor, or depart the Trans-Alaska Pipeline
158 07'18" W; Valdez Terminal complex.

(4) All waters of Honolulu Harbor, Oahu inland from a line drawn 165.1702 Gastineau Channel, Juneau, Alaska-Safety Zone.
between 21 17'56" N, 157 52'15" W and 21 17'45" N, 157 (a) The waters within the following boundaries are a safety zone:
52'10" W; A line beginning at the Standard Oil Company Pier West Light
(LLNR 3217), located at position 5817.9'N, 13424.8'W, in the
(5) All waters of Kaunakakai Harbor, immediately adjacent to the direction of 140 True to Rock Dump Lighted Buoy 2A (LLNR
Interisland Cargo Terminal or Ferry Terminal Pier out to 100 yards 3213) at position 5817.2'N, 13423.8'W; thence in the direction of
of the west face of the pier; 003 True to a point at position 5817.4'N, 13423.7'W, on the
north shore of Gastineau Channel; thence northwesterly along the
(6) All waters of Kaumalapau Harbor, Lanai inland from a line north shore of Gastineau Channel to the point of origin.
drawn between 20 47'10" N, 156 59'32" W and 21 47'01" N,
156 59'31" W; (b) Special Regulations:

(7) All waters of Kahului Harbor, Maui inland from a line drawn (1) All vessels may transit or navigate within the safety zone.
between 20 54'01" N, 156 28'26" W and 20 54'02" N, 156
28'18" W; (2) No vessels, other than a large passenger vessel (including
cruise ships and ferries) may anchor within the Safety zone
(8) All waters of Kawaihae Harbor, Hawaii immediately adjacent without the express consent from the Captain of the Port,
to commercial piers 1 and 2 extending out to 100 yards from the Southeast Alaska.
piers faces.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD
(9) All waters of Hilo Harbor, Hawaii immediately adjacent to 79-026, 48 FR 35408, Aug. 4, 1983]
commercial piers 1 and 2 extending out to 100 yards from the
piers faces. 165.1703 Ammunition Island, Port Valdez, Alaska.
(a) Location. The waters within the following boundaries is a
(10) The activation of these safety zones may include any safety zone the area within a radius of 1330 yards of
combination of these harbors, or all of these harbors, dependent Ammunition Island, centered on latitude 61 07 28 N,
upon details in the tsunami warning. These safety zones extend longitude 1461829 W, (NAD 83) and the vessel moored or
from the surface of the water to the ocean floor. anchored at Ammunition Island.

686
(b) The area 200 yards off the vessel navigating the Vessel (1) Trans-Alaska Pipeline (TAPS) Valdez Terminal complex
Traffic system from abeam of Naked Island, maneuvering to (Terminal), Valdez, Alaska and TAPS tank vessels. All waters
approach, moor, unmoor at Ammunition Island, or the departure enclosed within a line beginning on the southern shoreline of Port
of the vessel from Ammunition Island. Valdez at 610503.6 N, 1462542 W; thence northerly
to yellow buoy at 610600 N, 1462542 W; thence
(c) Special regulation. east to the yellow buoy at 610600 N, 1462130 W;
thence south to 610506 N, 1462130 W; thence west
(1) Section 165.23 does not apply to paragraph (a) of this section,
along the shoreline and including the area 2000 yards inland
except when the vessel is moored to Ammunition Island.
along the shoreline to the beginning point.
(d) Effective August 25, 1987 Notice of vessels arrival will be
(2) Tank vessel moving security zone. All waters within 200
made in the Notice to Mariners, Local Notice to Mariners and in
yards of any TAPS tank vessel maneuvering to approach, moor,
the Local Valdez news-paper, prior to the vessel arrival.
unmoor or depart the TAPS Terminal or transiting, maneuvering,
laying to or anchored within the boundaries of the Captain of the
[52 FR 30671, Aug. 17, 1987, as amended by USCG-1998-3799,
Port, Prince William Sound Zone described in 33 CFR 3.85-20 (b).
63 FR 35533, June 30, 1998; COTP Prince William Sound 02-010,
67 FR 45313, July 9, 2002]
(3) Valdez Narrows, Port Valdez, Valdez, Alaska. All waters 200
yards either side of the Valdez Narrows Tanker Optimum Track
165.1704 [Amended] Prince William Sound, Alaska-
Regulated Navigation Area. line bounded by a line beginning at 610515 N, 14637
(a) The following is a regulated navigation area: The navigable 18 W; thence south west to 610400 N, 1463952
waters of the United States north of a line drawn from Cape W; thence southerly to 610232.5 N, 1464125 W;
Hinchinbrook Light to Schooner Rock Light, comprising that thence north west to 610240.5 N, 1464147 W;
portion of Prince William Sound between 146 30 W. and thence north east to 6104 07.5 N, 146 4015 W;
14720 W. and includes Valdez Arm, Valdez Narrows, and thence north east to 610522 N, 1463738 W; thence
Port Valdez. south east back to the starting point at 610515 N, 146
3718 W.
(b) Within the regulated navigation area described in paragraph (a)
of this section, 161.60 of this chapter establishes a VTS Special (b) Regulations.
Area for the waters of Valdez Arm, Valdez Narrows, and Port
Valdez northeast of a line bearing 307 True from Tongue Point at (1) The general regulations in 33 CFR 165.33 apply to the
610206 N., 14640 W.; and southwest of a line bearing security zones described in paragraph (a) of this section.
307 True from Entrance Island Light at 610506 N., 146
3642 W. (2) Tank vessels transiting directly to the TAPS terminal complex,
engaged in the movement of oil from the terminal or fuel to the
(c) Regulations. In addition to the requirements set forth in terminal, and vessels used to provide assistance or support to the
161.13 and 161.60(c) of this chapter, a tank vessel of 20,000 tank vessels directly transiting to the terminal, or to the terminal
deadweight tons or more that intends to navigate within the itself, and that have reported their movements to the Vessel
regulated navigation area must: Traffic Service, as required under 33 CFR part 161 and
165.1704, may operate as necessary to ensure safe passage of
(1) Report compliance with part 164 of this chapter, to the Vessel tank vessels to and from the terminal.
Traffic Center (VTC);
(3) All persons and vessels must comply with the instructions of
(2) Have at least two radiotelephones capable of operating on the the Coast Guard Captain of the Port and the designated on-scene
designated VTS frequency, one of which is capable of battery patrol personnel. These personnel comprise commissioned,
operation; warrant, and petty officers of the Coast Guard. Upon being hailed
by a vessel displaying a U.S. Coast Guard ensign by siren, radio,
(3) When steady wind conditions in the VTS Special Area or Port flashing light, or other means, the operator of the vessel must
Valdez exceed, or are anticipated to exceed 40 knots, proceed as proceed as directed. Coast Guard Auxiliary and local or state
directed by the VTC (entry into the VTS Special Area and Port agencies may be present to inform vessel operators of the
Valdez is prohibited); requirements of this section and other applicable laws.

(4) When transiting the VTS Special Area, limit speed to 12 knots; [COTP Prince William Sound 02-011, 71 FR 2154, Jan. 13, 2006]
and
165.1711 Security Zones; Waters of the Seventeenth Coast
(5) If laden and intending to navigate the VTS Special Area, limit Guard District
speed to 12 knots except between Middle Rock and Potato Point (a) Definitions. As used in this section
where the speed limit shall be 6 knots; and
Alaska Marine Highway System vessel (AMHS vessel)
Note: Regulations pertaining to Automatic Identification System means any vessel owned or operated by the Alaska Marine
Shipborne Equipment (AISSE) required capabilities are set forth Highway System, including, but not limited to: M/V AURORA, M/V
in Part 164 of this chapter. CHENEGA, M/V COLUMBIA, M/V FAIRWEATHER, M/V
KENNICOTT, M/V LECONTE, M/V LITUYA, M/V MALASPINA,
[CGD 90-020, 59 FR 36335, July 15, 1994, as amended by CGD M/V MATANUSKA, M/V TAKU, and the M/V TUSTUMENA.
95-033, 60 FR 28333, May 31, 1995; CGD 97-023, 62 FR 33365,
June 19, 1997; USCG-1998-3799, 63 FR 35533, June 30, 1998; Designated on Scene Representative means any U.S. Coast
USCG-2003-14757, 68 FR 39368, July 1, 2003; 68 FR 60570, Guard commissioned, warrant or petty officer who has been
Oct. 22, 2003; USCG-2005-21869, 80 FR 5336, Jan. 30, 2015] authorized by the District Commander or local Captain of the Port
(COTP), as defined in 33 CFR part 3, subpart 3.85, to act on his
165.1710 Port Valdez and Valdez Narrows, Valdez, Alaska- or her behalf, or other Federal, State or local law enforcement
security zones. Officers designated by the COTP.
(a) Location. The following areas are security zones:

687
Escorted HCPV or AMHS vessel means a HCPV or AMHS 300-yard radius around the fireworks launch area, centered at
vessel that is accompanied by one or more Coast Guard assets approximate position 591416.72 N, 1352535.79 W;
or Federal, State or local law enforcement agency assets as listed
below: (3) all navigable waters of Wrangell Harbor within a 300-yard
radius of the fireworks launch platform centered at approximate
(1) Coast Guard surface or air asset displaying the Coast Guard position 5628.223 N and 13223.285 W.
insignia.
(b) Effective date. This rule is effective from 10 p.m. until 2:30
(2) State, Federal or local law enforcement assets displaying the a.m., July 3 through July 5, of each year.
applicable agency markings and or equipment associated with the
agency. (c) Definitions. The following definitions apply to this section:

Federal Law Enforcement Officer means any Federal Designated Representativea designated representative is
government law enforcement officer who has authority to enforce any Coast Guard commissioned, warrant or petty officer of the
federal criminal laws. U.S. Coast Guard who has been designated by the Captain of the
Port, to act on his or her behalf.
High Capacity Passenger Vessel (HCPV) means a passenger
vessel greater than 100 feet in length that is authorized to carry (d) Regulations.
more than 500 passengers for hire.
(1) The general regulations contained in 33 CFR 165.23, as well
State law enforcement Officer means any State or local as the following regulations, apply.
government law enforcement officer who has authority to enforce
State or local criminal laws. (2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zones without the
(b) Location. The following areas are security zones: all waters permission of the COTP or the designated representative.
within 100 yards around escorted High Capacity Passenger
Vessels or escorted Alaska Marine Highway System vessels in (3) Vessel operators desiring to enter or operate within any of the
the navigable waters of the Seventeenth Coast Guard District as regulated areas shall contact the COTP or the designated
defined in 33 CFR 3.85-1, from surface to bottom. representative via VHF channel 16 or 907-463-2990 (Sector
Juneau command center) to obtain permission to do so.
(c) Regulations.
[USCG-2013-0078, 78 FR 38202, June 26, 2013]
(1) No vessel may approach within 100 yards of an escorted
HCPV or escorted AMHS vessel during their transits within the Editorial Note: At 79 FR 6470, Feb. 4, 2014, 165.1712 was
navigable waters of the Seventeenth Coast Guard District. added; however, the amendment could not be incorporated since
that section already exists.
(2) Moored or anchored vessels that are overtaken by this moving
zone must remain stationary at their location until the escorted Subpart G- Protection of Naval Vessels
vessel maneuvers at least 100 yards away.
Authority:14 U.S.C. 91 and 633; 49 CFR 1.45.
(3) The local Captain of the Port may notify the maritime and
general public by marine information broadcast of the periods Source:LANT AREA-02-001, 67 FR 31960, May 13, 2002, unless
during which individual security zones have been activated by otherwise noted.
providing notice in accordance with 33 CFR 165.7.
165.2010 Purpose.
(4) Persons desiring to transit within 100 yards of a moving, This subpart establishes the geographic parameters of naval
escorted HCPV or AMHS vessel in the Seventeenth Coast Guard vessel protection zones surrounding U.S. naval vessels in the
District must contact the designated on scene representative on navigable waters of the United States. This subpart also
VHF channel 16 (156.800 MHz) or VHF channel 13 (156.650 MHz) establishes when the U.S. Navy will take enforcement action in
to receive permission. accordance with the statutory guidelines of 14 U.S.C. 91. Nothing
in the rules and regulations contained in this subpart shall relieve
(5) If permission is granted to transit within 100 yards of an any vessel, including U.S. naval vessels, from the observance of
escorted HCPV or AMHS vessel, all persons and vessels must the Navigation Rules. The rules and regulations contained in this
comply with the instructions of the designated on scene subpart supplement, but do not replace or supercede, any other
representative. regulation pertaining to the safety or security of U.S. naval
vessels.
(6) All commercial fishing vessels as defined by 46 U.S.C.
2101(11a) while actively engaged in fishing are exempted from 165.2015 Definitions.
the provisions of this section. The following definitions apply to this subpart:

[CGD17-05-002, 71 FR 19123, Apr. 13, 2006] Atlantic Area means that area described in 33 CFR 3.04-1
Atlantic Area.
165.1712 Safety Zones; Annual Independence Day
Firework Displays, Skagway, Haines, and Wrangell, AK. Large U.S. naval vessel means any U.S. naval vessel greater
(a) Regulated areas. The following areas are permanent safety than 100 feet in length overall.
zones:
Naval defensive sea area means those areas described in 32
(1) All navigable waters of Taiya Inlet within a 300-yard radius of CFR part 761.
the fireworks launching point located on the White Pass and
Yukon Railway Dock at approximate position 59 26.70 N, Naval vessel protection zone is a 500-yard regulated area of
13519.58 W in the vicinity of the mouth of the Small Boat water surrounding large U.S. naval vessels that is necessary to
Harbor, Skagway, Alaska; provide for the safety or security of these U.S. naval vessels.

(2) All navigable waters of Portage Cove, Haines, AK within a Navigable waters of the United States means those waters

688
defined as such in 33 CFR part 2. operate at the minimum speed necessary to maintain a safe
course, unless required to maintain speed by the Navigation
Navigation rules means the Navigation Rules, International- Rules, and shall proceed as directed by the Coast Guard, the
Inland. senior naval officer present in command, or the official patrol.
When within a naval vessel protection zone, no vessel or person
Official patrol means those personnel designated and is allowed within 100 yards of a large U.S. naval vessel unless
supervised by a senior naval officer present in command and authorized by the Coast Guard, the senior naval officer present in
tasked to monitor a naval vessel protection zone, permit entry into command, or official patrol.
the zone, give legally enforceable orders to persons or vessels
within the zone, and take other actions authorized by the U.S. (e) To request authorization to operate within 100 yards of a large
Navy. U.S. naval vessel, contact the Coast Guard, the senior naval
officer present in command, or the official patrol on VHF-FM
Pacific Area means that area described in 33 CFR 3.04-3 Pacific channel 16.
Area.
(f) When conditions permit, the Coast Guard, senior naval officer
Restricted area means those areas established by the Army present in command, or the official patrol should:
Corps of Engineers and set out in 33 CFR part 334.
(1) Give advance notice on VHF-FM channel 16 of all large U.S.
Senior naval officer present in command is, unless otherwise naval vessel movements; and
designated by competent authority, the senior line officer of the
U.S. Navy on active duty, eligible for command at sea, who is (2) Permit vessels constrained by their navigational draft or
present and in command of any part of the Department of Navy in restricted in their ability to maneuver to pass within 100 yards of a
the area. large U.S. naval vessel in order to ensure a safe passage in
accordance with the Navigation Rules; and
U.S. naval vessel means any vessel owned, operated, chartered,
or leased by the U.S. Navy; any pre-commissioned vessel under (3) Permit commercial vessels anchored in a designated
construction for the U.S. Navy, once launched into the water; and anchorage area to remain at anchor when within 100 yards of
any vessel under the operational control of the U.S. Navy or a passing large U.S. naval vessels; and
Combatant Command.
(4) Permit vessels that must transit via a navigable channel or
Vessel means every description of watercraft or other artificial waterway to pass within 100 yards of a moored or anchored large
contrivance used, or capable of being used, as a means of U.S. naval vessel with minimal delay consistent with security.
transportation on water, except U.S. Coast Guard or U.S. naval
vessels. Note to 165.2025 paragraph (f):The listed actions are
discretionary and do not create any additional right to appeal or
165.2020 Enforcement Authority. otherwise dispute a decision of the Coast Guard, the senior naval
(a) Coast Guard. Any Coast Guard commissioned, warrant or officer present in command, or the official patrol.
petty officer may enforce the rules and regulations contained in
this subpart. 165.2030 Pacific Area.
(a) This section applies to any vessel or person in the navigable
(b) Senior naval officer present in command. In the navigable waters of the United States within the boundaries of the U.S.
waters of the United States, when immediate action is required Coast Guard Pacific Area, which includes the Eleventh, Thirteenth,
and representatives of the Coast Guard are not present or not Fourteenth, and Seventeenth U.S. Coast Guard Districts.
present in sufficient force to exercise effective control in the
vicinity of large U.S. naval vessels, the senior naval officer Note to paragraph (a):The boundaries of the U.S. Coast Guard
present in command is responsible for the enforcement of the Pacific Area and the Eleventh, Thirteenth, Fourteenth, and
rules and regulations contained in this subpart to ensure the Seventeenth U.S. Coast Guard Districts are set out in 33 CFR
safety and security of all large naval vessels present. In meeting part 3.
this responsibility, the senior naval officer present in command
may directly assist any Coast Guard enforcement personnel who (b) A naval vessel protection zone exists around U.S. naval
are present. vessels greater than 100 feet in length overall at all times in the
navigable waters of the United States, whether the large U.S.
165.2025 Atlantic Area. naval vessel is underway, anchored, moored, or within a floating
(a) This section applies to any vessel or person in the navigable dry dock, except when the large naval vessel is moored or
waters of the United States within the boundaries of the U.S. anchored within a restricted area or within a naval defensive sea
Coast Guard Atlantic Area, which includes the First, Fifth, area.
Seventh, Eighth and Ninth U.S. Coast Guard Districts.
(c) The Navigation Rules shall apply at all times within a naval
Note to 165.2025 paragraph (a):The boundaries of the U.S. vessel protection zone.
Coast Guard Atlantic Area and the First, Fifth, Seventh, Eighth
and Ninth U.S. Coast Guard Districts are set out in 33 CFR part 3. (d) When within a naval vessel protection zone, all vessels shall
operate at the minimum speed necessary to maintain a

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