CFR 2012 Title33 Vol1

Title 33
Navigation and Navigable Waters

Parts 1 to 124
Revised as of July 1, 2012
Containing a codification of documents

of general applicability and future effect
As of July 1, 2012
Published by the Office of the Federal Register

National Archives and Records Administration
as a Special Edition of the Federal Register
VerDate Mar<15>2010 16:56 Sep 12, 2012 Jkt 226132 PO 00000 Frm 00001 Fmt 8091 Sfmt 8091 Q:\33\33V1.TXT ofr150 PsN: PC150
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Table of Contents
Page
Explanation ................................................................................................ v
Title 33:
Chapter ICoast Guard, Department of Homeland Security .......... 3
Finding Aids:
Table of CFR Titles and Chapters ....................................................... 667
Alphabetical List of Agencies Appearing in the CFR ......................... 687
List of CFR Sections Affected ............................................................. 697
iii
Cite this Code: CFR
To cite the regulations in

this volume use title,
part and section num-
ber. Thus, 33 CFR 1.01
1 refers to title 33, part
1, section 011.
iv
Explanation
The Code of Federal Regulations is a codification of the general and permanent
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divided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued
on a quarterly basis approximately as follows:
Title 1 through Title 16..............................................................as of January 1
Title 17 through Title 27 .................................................................as of April 1
Title 28 through Title 41 ..................................................................as of July 1
Title 42 through Title 50 .............................................................as of October 1
The appropriate revision date is printed on the cover of each volume.
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of CFR Sections Affected, 19491963, 19641972, 19731985, or 19862000, published
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[RESERVED] TERMINOLOGY
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vi
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vii
THIS TITLE
Title 33NAVIGATION AND NAVIGABLE WATERS is composed of three volumes.

The contents of these volumes represent all current regulations codified under
this title of the CFR as of July 1, 2012. The first and second volumes, parts 1
124 and 125199, contain current regulations of the Coast Guard, Department of
Homeland Security. The third volume, part 200 to end, contains current regula-
tions of the Corps of Engineers, Department of the Army, and the Saint Lawrence
Seaway Development Corporation, Department of Transportation.
For this volume, Bonnie Fritts was Chief Editor. The Code of Federal Regula-
tions publication program is under the direction of Michael L. White, assisted
by Ann Worley.
ix
Title 33Navigation
and Navigable Waters
(This book contains parts 1 to 124)
Part
CHAPTER ICoast Guard, Department of Homeland Security 1
ABBREVIATIONS USED IN THIS CHAPTER:

BMC = Chief Boatswains Mate. CGFR = Coast Guard Federal Register document
number. CG = Coast Guard. EM = Electricians Mate. LS = Lightship. NC = Flag
hoist meaning, I am in distress and require immediate assistance. NCG = Call let-
ters for any Coast Guard Shore Radio Station. OAN = Aids to Navigation Division.
PTP = Training and Procurement. U.S.C.G. = United States Coast Guard.
CHAPTER ICOAST GUARD, DEPARTMENT OF
HOMELAND SECURITY
EDITORIAL NOTE: Nomenclature changes to Chapter I appear at 70 FR 75734, Dec. 21, 2005.
SUBCHAPTER AGENERAL
Part Page
1 General provisions .................................................. 7
2 Jurisdiction ............................................................. 29
3 Coast Guard areas, districts, sectors, marine in-
spection zones, and Captain of the Port zones ..... 33
4 OMB control numbers assigned pursuant to the Pa-
perwork Reduction Act ........................................ 52
5 Coast Guard Auxiliary ............................................ 53
6 Protection and security of vessels, harbors, and
waterfront facilities ............................................. 57
8 United States Coast Guard Reserve ........................ 62
13 Decorations, medals, ribbons and similar devices ... 63
17 United States Coast Guard general gift fund .......... 66
19 Waivers of navigation and vessel inspection laws
and regulations .................................................... 67
20 Rules of practice, procedure, and evidence for for-
mal administrative proceedings of the Coast
Guard ................................................................... 70
23 Distinctive markings for Coast Guard vessels and
aircraft ................................................................. 92
25 Claims ..................................................................... 94
26 Vessel bridge-to-bridge radiotelephone regulations 105
27 Adjustment of civil monetary penalties for infla-
tion ....................................................................... 108
SUBCHAPTER BPERSONNEL
40 Cadets of the Coast Guard ....................................... 112

45 Enlistment of personnel .......................................... 112
49 Payment of amounts due mentally incompetent
Coast Guard personnel ......................................... 113
50 Coast Guard Retiring Review Board ....................... 115
51 Coast Guard Discharge Review Board ..................... 117
33 CFR Ch. I (7112 Edition)
Part Page
52 Board for Correction of Military Records of the
Coast Guard .......................................................... 122
53 Coast Guard whistleblower protection .................... 129
54 Allotments from active duty pay for certain sup-
port obligations .................................................... 133
55 Child Development Services .................................... 134
SUBCHAPTER CAIDS TO NAVIGATION
60 [Reserved]
62 United States aids to navigation system ................ 136
64 Marking of structures, sunken vessels and other
obstructions ......................................................... 144
66 Private aids to navigation ...................................... 147
67 Aids to navigation on artificial islands and fixed
structures ............................................................. 155
70 Interference with or damage to aids to navigation 169
72 Marine information ................................................. 170
74 Charges for Coast Guard aids to navigation work ... 173
76 Sale and transfer of aids to navigation equipment 174
SUBCHAPTER DINTERNATIONAL NAVIGATION RULES
Special Note: Application of the 72 COLREGS to

territories and possessions ................................... 175
80 COLREGS Demarcation Lines ................................ 176
81 72 COLREGS: Implementing Rules .......................... 192
82 72 COLREGS: Interpretative Rules ......................... 195
SUBCHAPTER EINLAND NAVIGATION RULES
83 Rules ....................................................................... 196

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

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

SUBCHAPTER HMARITIME SECURITY
101 Maritime security: General ..................................... 318

102 Maritime security: National maritime transpor-
tation security [Reserved]
103 Maritime security: Area maritime security ............ 331
104 Maritime security: Vessels ...................................... 335
105 Maritime security: Facilities .................................. 361
106 Marine security: Outer Continental Shelf (OCS) fa-
cilities .................................................................. 387
107 National vessel and facility control measures and
limited access areas ............................................. 405
SUBCHAPTER IANCHORAGES
109 General .................................................................... 410

110 Anchorage regulations ............................................ 411
SUBCHAPTER JBRIDGES
114 General .................................................................... 525

115 Bridge locations and clearances; administrative
procedures ............................................................ 527
116 Alteration of unreasonably obstructive bridges ...... 531
117 Drawbridge operation regulations ........................... 536
118 Bridge lighting and other signals ............................ 650
SUBCHAPTER KSECURITY OF VESSELS
120 Security of passenger vessels .................................. 659
SUBCHAPTER AGENERAL
PART 1GENERAL PROVISIONS 1.07100 Summons in lieu of seizure of com-

mercial fishing industry vessels.
Subpart 1.01Delegation of Authority Subpart 1.08Written Warnings by Coast
Sec. Guard Boarding Officers
1.011 District Commander.
1.0120 Officer in Charge, Marine Inspection. 1.081 Applicability.
1.0130 Captains of the Port. 1.085 Procedures.
1.0140 Delegation to the Vice Commandant.
1.0150 Delegation to District Commander, Subpart 1.10Public Availability of
Seventeenth Coast Guard District. Information
1.0160 Delegations for issuance of bridge
permits. 1.101 Official records and documents.
1.0170 CERCLA delegations. 1.105 Public availability of records and
1.0180 FWPCA and OPA 90 delegations. documents.
1.0185 Redelegation.
1.0190 Commissioned, warrant, and petty Subpart 1.20Testimony by Coast Guard
officers. Personnel and Production of Records
in Legal Proceedings
Subpart 1.05Rulemaking
1.201 Testimony by Coast Guard personnel
1.051 Delegation of rulemaking authority.
1.055 Marine Safety Council. and production of records.
1.0510 Regulatory process overview.
1.0515 Public participation. Subpart 1.25Fees and Charges for
1.0520 Petitions for rulemaking. Certain Records and Services
1.0525 Public docket.
1.0530 Advance notice of proposed rule- 1.251 Purpose.
making (ANPRM). 1.2530 Exceptions.
1.0535 Notice of proposed rulemaking 1.2540 Fees for services for the public.
(NPRM). 1.2545 Special admeasurement services.
1.0540 Supplemental notice of proposed 1.2548 Oceanographic research.
rulemaking (SNPRM). 1.2580 Payment of fees, charges or sales.
1.0545 Interim rule.
1.0550 Final rule. Subpart 1.26Charges for Duplicate Med-
1.0555 Direct final rule. als, and Sales of Personal Property,
1.0560 Negotiated rulemaking.
Equipment or Services and Rentals
Subpart 1.07Enforcement; Civil and 1.261 Purpose.
Criminal Penalty Proceedings 1.265 Replacement of medals.
1.071 Purpose. 1.2610 Sales to Coast Guard Auxiliary.
1.075 Definitions. 1.2615 Sales of nonexcess personal property
1.0710 Reporting and investigation. and services.
1.0711 Notice of violation. 1.2620 Sales to eligible foreign govern-
1.0715 Hearing Officer. ments.
1.0720 Initiation of action. 1.2625 Payment of charges.
1.0725 Preliminary matters.
1.0730 Disclosure of evidence. EDITORIAL NOTE: Nomenclature changes to
1.0735 Request for confidential treatment. part 1 appear at 75 FR 36277, June 25, 2010.
1.0740 Counsel.
1.0745 Location of hearings and change of Subpart 1.01Delegation of
venue. Authority
1.0750 Witnesses.
1.0755 Hearing procedures.
1.0760 Records. AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 401, 491,
1.0765 Hearing Officers decisions. 525, 1321, 2716, and 2716a; 42 U.S.C. 9615; 49
1.0770 Right to appeal. U.S.C. 322; Department of Homeland Secu-
1.0775 Action on appeals. rity Delegation No. 0170.1; section 1.0170
1.0780 Reopening of hearings. also issued under the authority of E.O. 12580,
1.0785 Collection of civil penalties. 3 CFR, 1987 Comp., p. 193; and sections 1.01
1.0790 Criminal penalties. 80 and 1.0185 also issued under the authority
1.0795 Civil and criminal penalties. of E.O. 12777, 3 CFR, 1991 Comp., p. 351.
1.011 33 CFR Ch. I (7112 Edition)
1.011 District Commander. (1) Licensing, credentialing,

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

mander, Seventeenth Coast Guard section.
District.
[CGD 80099, 46 FR 38353, July 27, 1981; 46 FR
The Commandant redelegates to the 42268, Aug. 20, 1981, as amended by CGD 88
District Commander, Seventeenth 052, 53 FR 25119, July 1, 1988; CGD 96026, 61
Coast Guard District, the authority in FR 33662, June 28, 1996; CGD 97023, 62 FR
33361, June 19, 1997; USCG20100351, 75 FR
46 U.S.C. 3302(i)(1) to issue permits to
49410, Aug. 13, 2010; USCG20110257, 76 FR
certain vessels transporting cargo, in- 31833, June 2, 2011]
cluding bulk fuel, from one place in
Alaska to another place in Alaska. 1.0170 CERCLA delegations.
[USCG19983799, 63 FR 35525, June 30, 1998] (a) For the purpose of this section,
the definitions in section 101 of the
1.0160 Delegations for issuance of Comprehensive Environmental Re-
bridge permits. sponse, Compensation, and Liability
(a) The Commandant delegates to the Act of 1980 (Pub. L. 96510), as amended
Deputy Commandant for Operations by the Superfund Amendments and Re-
(CGDCO), the authority to issue the authorization Act of 1986 (Pub. L. 99
following permits for the construction, 499), apply. The Act, as amended, is re-
reconstruction, or alteration of bridges ferred to in this section as CERCLA.
across navigable waters of the United (b) The Assistant Commandant for
States: Marine Safety, Security and Environ-
(1) Those that require an environmental Protection (CG-5) is delegated
mental assessment or environmental authority to take remedial action in-
impact statement under the National volving vessels under section 104 of
CERCLA.
Environmental Policy Act of 1969, as
amended, (42 U.S.C. 4321 et seq.) and all (c) Each Maintenance and Logistics
implementing regulations, orders, and Commander is delegated contract au-
thority, consistent with each memo-
instructions.
randum of understanding between the
(2) Those that require a Presidential
Coast Guard and the Environmental
permit and approval under the Inter- Protection Agency regarding CERCLA
national Bridge Act of 1972 (33 U.S.C. funding mechanisms, for the purpose of
535). carrying out response actions pursuant
(3) Those that require the amend- to CERCLA sections 104(a), 104(b),
ment of an existing permit issued by 104(f), 104(g), 105(f), and 122.
the U.S. Army Corps of Engineers. (d) Each district commander is dele-
(4) Those that raise substantial unre- gated authority as follows:
solved controversy involving the pub- (1) Authority, pursuant to CERCLA
lic, or are objected to by Federal, section 106(a), to determine an immi-
State, or local government agencies. nent and substantial endangerment to
(5) Those authorized by the Com- the public health or welfare or the en-
mandant upon the appeal of a district vironment because of an actual or
commanders decision denying a per- threatened release of a hazardous sub-
mit. stance from a facility, and to secure
(b) The Commandant delegates to such relief as may be necessary to
each Coast Guard District Commander, abate such danger or threat through
with the reservation that this author- the United States attorney of the dis-
ity shall not be further redelegated, trict in which the threat occurs.
the authority to issue all permits for (2) Authority, pursuant to section 109
the construction, reconstruction, or al- of CERCLA, to assess penalties relat-
teration of bridges across navigable ing to violations of sections 103 (a) and
waters of the United States other than (b) pertaining to notification require-
ments, section 108 pertaining to finan-
cial responsibility for release of haz-
ardous substances from vessels, and
section 122 pertaining to administra-
tive orders and consent decrees.
1.0180 33 CFR Ch. I (7112 Edition)
(3) Authority, pursuant to section 108 that such action will be done properly
of CERCLA, to deny entry to any port by such person.
or place in the United States or to the (f) Except for the authority granted
navigable waters of the United States in paragraphs (d)(1) and (e)(1) of this
and detain at any port or place in the section, each Coast Guard official to
United States any vessel subject to sec- whom authority is granted in this sec-
tion 108(a) of CERCLA that, upon re- tion may redelegate and authorize suc-
quest, does not provide evidence of fi- cessive redelegations of that authority.
nancial responsibility. The authority granted in paragraph
(e) Subject to the provisions of Exec- (e)(3) of this section may only be re-
utive Order 12580, and paragraph (g) of delegated to commissioned officers.
this section, each Coast Guard official, (g) The response authority described
predesignated as an On-Scene Coordi- in paragraph (e)(1) of this section does
nator, is delegated authority as fol- not include authority to
lows: (1) Summarily remove or destroy a
(1) Authority, pursuant to CERCLA vessel; or
sections 104(a), 104(b), 104(c) and con- (2) Take any other action that con-
sistent with the National Contingency stitutes intervention under CERCLA,
Plan, to remove or arrange for the re- the Intervention on the High Seas Act
moval of releases and threatened re- (33 U.S.C. 1471 et. seq.), or other applica-
leases of hazardous substances, and of ble laws. Intervention means any
pollutants or contaminants which may detrimental action taken against the
present an imminent and substantial interest of a vessel or its cargo without
danger to the public health or welfare. the consent of the vessels owner or op-
(2) Authority, pursuant to CERCLA erator.
section 104(i)(11), to take such steps as
[CGD 88051, 53 FR 30259, Aug. 11, 1988, as
may be necessary to reduce exposure amended by CGD 91225, 59 FR 66484, Dec. 27,
that presents a significant risk to 1994; CGD 96026, 61 FR 33662, June 28, 1996;
human health, and to eliminate or sub- CGD 97023, 62 FR 33361, June 19, 1997; USCG
stantially mitigate that significant 200212471, 67 FR 41331, June 18, 2002; USCG
risk to human health. 200314505, 68 FR 9534, Feb. 28, 2003]
(3) Authority, pursuant to CERCLA
section 106(a), to issue orders to pro- 1.0180 FWPCA and OPA 90 delega-
tect the public health and welfare and tions.
the environment whenever that official (a) This section delegates authority
determines that a release or threatened to implement provisions of section 311
release of a hazardous substance from a of the Federal Water Pollution Control
facility may present an imminent and Act (FWPCA), as amended [33 U.S.C.
substantial endangerment to the public 1321] and provisions of the Oil Pollu-
health or welfare or the environment. tion Act of 1990 (OPA 90). The defini-
(4) Authority, pursuant to CERCLA tions in subsection (a) of section 311 of
section 104(e), except section the FWPCA and section 1001 of OPA 90
104(e)(7)(C), to enter establishments or [33 U.S.C. 2701] apply.
other places where hazardous sub- (b) The Assistant Commandant for
stances are or have been generated, Marine Safety, Security and Environ-
stored, treated, disposed of, or trans- mental Protection, is delegated author-
ported from to inspect and obtain ity to require the owner or operator of
records, reports, samples and informa- a facility to establish and maintain
tion in support of the response func- such records, make such reports, in-
tions delegated in paragraphs (d), stall, use, and maintain such moni-
(e)(1), (e)(2), and (e)(3) of this section. toring equipment and methods, and
(5) Authority, pursuant to CERCLA provide such other information as may
section 122, to enter into an agreement be required to carry out the objectives
with any person (including the owner of section 311 of the FWPCA [33 U.S.C.
or operator of the vessel or facility 1321].
from which a release or substantial (c) Each District and Area Com-
threat of release emanates, or any mander is delegated authority within
other potential responsible person), to the Commanders assigned district or
perform any response action, provided area to
10
(1) Deny entry to any place in the (i) Whether reasonable cause exists
United States or to the navigable wa- to believe that an owner, operator, or
ters of the United States, and to detain person in charge may be subject to a
at any place in the United States, any civil penalty under section 311(b) of the
vessel subject to section 1016 of OPA 90 FWPCA [33 U.S.C. 1321(b)]; and
[33 U.S.C. 2716] that, upon request, does (ii) Whether a filed bond or other sur-
not provide evidence of financial re- ety is satisfactory.
sponsibility; (d) Each Coast Guard official
(2) Seize and, through the Chief predesignated as the On-Scene Coordi-
Counsel, seek forfeiture to the United nator by the applicable Regional Con-
States of any vessel subject to the re- tingency Plan is delegated authority
quirements of section 1016 of OPA 90 [33 pursuant to section 311(c) of the
U.S.C. 2716] that is found in the navi- FWPCA [33 U.S.C. 1321(c)], subject to
gable waters of the United States with- paragraph (e) of this section, in accord-
out the necessary evidence of financial ance with the National Contingency
responsibility; Plan and any appropriate Area Contin-
(3) Assess any class I civil penalty gency Plan, to ensure the effective and
under subsection (b) of section 311 of immediate removal of a discharge and
the FWPCA [33 U.S.C. 1321], in accord- mitigation or prevention of a substan-
ance with the procedures in subpart tial threat of a discharge of oil or a
1.07 of this chapter; hazardous substance by
(4) Assess any civil penalty under (1) Removing or arranging for the re-
section 4303 of OPA 90 [33 U.S.C. 2716a] moval of a discharge and mitigating or
in accordance with the procedures in preventing an imminent and substan-
subpart 1.07 of this chapter; tial threat of a discharge at any time;
(5) Board and inspect any vessel upon (2) Directing or monitoring all Fed-
the navigable waters of the United eral, State, and private actions to re-
States or the waters of the contiguous move a discharge, including issuance of
zone, except for public vessels; with or orders;
without warrant, arrest any person (3) Determining, pursuant to section
who, in the Commanders presence or 311(c) of the FWPCA [33 U.S.C. 1321(c)],
view, violates a provision of section 311 whether a discharge or a substantial
of the FWPCA [33 U.S.C. 1321] or any threat of a discharge of oil or a haz-
regulation issued thereunder; and exe- ardous substance from a vessel, off-
cute any warrant or other process shore facility, or onshore facility is of
issued by an officer or court of com- such a size or character as to be a sub-
petent jurisdiction, as prescribed in stantial threat to the public health or
section 311(m)(1) of the FWPCA [33 welfare of the United States (including,
U.S.C. 1321(m)(1)]; but not limited to fish, shellfish, wild-
(6) Enter and inspect any facility in life, other natural resources, and the
the coastal zone at reasonable times; public and private beaches and shore-
have access to and copy any records; lines of the United States); and, if it is,
take samples; inspect monitoring directing all Federal, State, and pri-
equipment required by section vate actions to remove the discharge or
311(m)(2)(A) of the FWPCA [33 U.S.C. to mitigate or prevent the threatened
1321(m)(2)(A)]; with or without war- discharge;
rant, arrest any person who, in the (4) Determining, pursuant to section
Commanders presence or view, vio- 311(e) of the FWPCA [33 U.S.C. 1321(e)],
lates a provision of section 311 of the that there may be an imminent and
FWPCA [33 U.S.C. 1321] or any regula- substantial threat to the public health
tion issued thereunder; and execute and welfare of the United States, and,
any warrant or other process issued by if there is, may
an officer or court of competent juris- (i) Determine an imminent and sub-
diction, as prescribed in section stantial threat as a basis for recom-
311(m)(2) of the FWPCA [33 U.S.C. mending referral for judicial relief; or
1321(m)(2)(A)]; and (ii) Act pursuant to section
(7) Determine for purposes of section 311(e)(1)(B) of the FWPCA [33 U.S.C.
311(b)(12) of the FWPCA [33 U.S.C. 1321(e)(1)(B)], including the issuance of
1321(b)(12)] orders; and
11
1.0185 33 CFR Ch. I (7112 Edition)
(5) Acting to mitigate the damage to 1.051 Delegation of rulemaking au-

the public health or welfare caused by thority.
a discharge of oil or a hazardous sub- (a) The Secretary of Homeland Secu-
stance. rity is empowered by various statutes
(e) The authority described in para- to issue regulations regarding the func-
graph (d) of this section does not in- tions, powers and duties of the Coast
clude the authority to Guard.
(1) Remove or destroy a vessel; or (b) The Secretary of Homeland Secu-
(2) Take any other action that con- rity has delegated much of this author-
stitutes intervention under the Inter- ity to the Commandant, U.S. Coast
vention on the High Seas Act [33 U.S.C. Guard, including authority to issue
1471, et seq.] or other applicable laws. regulations regarding the functions of
For purposes of this section, inter- the Coast Guard and the authority to
vention means any detrimental action redelegate and authorize successive re-
taken against the interest of a vessel delegations of that authority within
or its cargo without the consent of the the Coast Guard.
vessels owner or operator. (c) The Commandant has reserved the
authority to issue any rules and regu-
[CGD 91225, 59 FR 66484, Dec. 27, 1994, as lations determined to be significant
amended by CGD 96026, 61 FR 33662, June 28, under Executive Order 12866, Regu-
1996; CGD 97023, 62 FR 33361, June 19, 1997; latory Planning and Review.
USCG200212471, 67 FR 41331, June 18, 2002]
(d) The Commandant has redelegated
the authority to develop and issue
1.0185 Redelegation.
those regulations necessary to imple-
Except as provided in 1.0180(e)(1) ment laws, treaties and Executive Or-
and (2), each Coast Guard officer to ders to the Assistant Commandant for
whom authority is granted in 1.0180 Marine Safety, Security and Steward-
may redelegate and authorize succes- ship (CG5). The Commandant further
sive redelegations of that authority redelegates this same authority to the
within the command under the officers Director, National Pollution Fund Cen-
jurisdiction, or to members of the offi- ter (Director, NPFC) for those regula-
cers staff. tions within the Director, NPFC area
of responsibility.
[CGD 91225, 59 FR 66485, Dec. 27, 1994] (1) The Assistant Commandant for
Marine Safety, Security, and Steward-
1.0190 Commissioned, warrant, and
petty officers. ship may further reassign the dele-
gated authority of this paragraph to:
Any commissioned, warrant, or petty (i) Any Director within the CG5 Di-
officer of the United States Coast rectorate as appropriate; or
Guard may be authorized to carry out (ii) Any other Assistant Commandant
the functions delegated to superior of- as appropriate.
ficials under 1.011, 1.0120, 1.0130, (2) The authority redelegated in para-
1.0170, and 1.0780, or redelegated graph (d) of this section is limited to
under 1.0185, within the jurisdiction those regulations determined to be
of the cognizant official. They will do nonsignificant within the meaning of
so under the supervision and general Executive Order 12866.
direction of that official. (e)(1) The Commandant has redele-
[CGD 91225, 59 FR 66485, Dec. 27, 1994]
gated to the Coast Guard District Com-
manders, with the reservation that this
authority must not be further redele-
Subpart 1.05Rulemaking gated except as specified in paragraph
(i) below, the authority to issue regula-
AUTHORITY: 5 U.S.C. 552, 553, App. 2; 14 tions pertaining to the following:
U.S.C. 2, 631, 632, and 633; 33 U.S.C. 471, 499; 49 (i) Anchorage grounds and special an-
U.S.C. 101, 322; Department of Homeland Se- chorage areas.
curity Delegation No. 0170.1. (ii) The designation of lightering
SOURCE: CGD 95057, 60 FR 34148, June 30, zones.
1995, unless otherwise noted. (iii) The operation of drawbridges.
12
(iv) The establishment of Regulated porary deviations from drawbridge op-

Navigation Areas. erating regulations as the District
(v) The establishment of safety and Bridge Programs Chief deems nec-
security zones. essary.
(vi) The establishment of special
[CGD 95057, 60 FR 34148, June 30, 1995, as
local regulations. amended by CGD 96026, 61 FR 33662, June 28,
(vii) The establishment of inland wa- 1996; CGD 97023, 62 FR 33361, June 19, 1997;
terways navigation regulations. USCG200314505, 68 FR 9534, Feb. 28, 2003;
(2) This delegation does not extend to USCG200315404, 68 FR 37740, June 25, 2003;
those matters specified in paragraph USCG20080179, 73 FR 35001, June 19, 2008;
(c) of this section or rules and regula- USCG20090416, 74 FR 27437, June 10, 2009;
tions which have been shown to raise USCG20100351, 75 FR 36277, June 25, 2010;
USCG20120306, 77 FR 37309, June 21, 2012]
substantial issues or to generate con-
troversy. 1.055 Marine Safety and Security
(f) Except for those matters specified Council.
in paragraph (c) of this section, the
Commandant has redelegated to Coast The Marine Safety and Security
Guard Captains of the Port, with the Council, composed of senior Coast
reservation that this authority must Guard officials, acts as policy advisor
not be further redelegated, the author- to the Commandant and is the focal
ity to establish safety and security point of the Coast Guard regulatory
zones. system. The Marine Safety and Secu-
(g) The Commandant has redelegated rity Council provides oversight, review,
to Coast Guard District Commanders, and guidance for all Coast Guard regu-
Captains of the Port, the Deputy Com- latory activity.
mandant for Operations (CGDCO), and [CGD 95057, 60 FR 34148, June 30, 1995, as
the Assistant Commandant for Marine amended by USCG200315404, 68 FR 37740,
Safety, Security and Stewardship, the June 25, 2003]
authority to make the certification re-
quired by section 605(b) of the Regu- 1.0510 Regulatory process overview.
latory Flexibility Act (Sec. 605(b), Pub. (a) Most rules of local applicability
L. 96354, 94 Stat. 1168 (5 U.S.C. 605)) for are issued by District Commanders and
rules that they issue. Captains of the Port, while rules of
(h) The Chief, Office of Regulations wider applicability are issued by senior
and Administrative Law (CG0943), has Coast Guard officials at Coast Guard
authority to develop and issue those Headquarters, For both significant
regulations necessary to implement all rulemaking (defined by Executive
technical, organizational, and con- Order 12866, Regulatory Planning and
forming amendments and corrections Review) and non-significant rule-
to rules, regulations, and notices. making, other than those areas dele-
(i) The Commandant has redelegated gated to District Commanders and Cap-
to the Coast Guard District Com- tains of the Port, the regulatory proc-
manders the authority to redelegate in ess begins when an office chief with
writing to the Captains of the Port program responsibilities identifies a
(COTP), with the reservation that this possible need for a new regulation or
authority must not be further redele- for changes to an existing regulation.
gated, the authority to issue such spe- The need may arise due to statutory
cial local regulations as the COTP changes, or be based on internal review
deems necessary to ensure safety of life or public input. Early public involve-
on the navigable waters immediately ment is strongly encouraged.
prior to, during, and immediately after (b) After a tentative significant regu-
regattas and marine parades. latory approach is developed, a signifi-
(j) The Commandant has redelegated cant regulatory project proposal is sub-
to Coast Guard District Commanders mitted to the Marine Safety and Secu-
the authority to redelegate in writing rity Council for approval. The proposal
to the Coast Guard District Bridge Pro- describes the scope of the proposed reg-
grams Chief, with the reservation that ulation, alternatives considered, and
this authority must not be further re- potential cost and benefits, including
delegated, the authority to issue tem- possible environmental impacts. All
13
1.0515 33 CFR Ch. I (7112 Edition)
significant regulatory projects require 1.0520 Petitions for rulemaking.

Marine Safety and Security Council
(a) Any member of the public may pe-
approval. tition the Coast Guard to undertake a
(c) Significant rulemaking docu- rulemaking action. There is no pre-
ments must also be approved by the scribed form for a petition for rule-
Commandant of the Coast Guard. making, but the document should pro-
(d) If the project is approved, the nec- vide some supporting information as to
essary documents are drafted, includ- why the petitioner believes the pro-
ing documents to be published in the posed rulemaking is necessary and the
FEDERAL REGISTER. These may include document should clearly indicate that
regulatory evaluations, environmental it is a petition for rulemaking. Peti-
analyses, requests for comments, an- tions should be addressed to the Execu-
nouncements of public meetings, no- tive Secretary, Marine Safety and Se-
tices of proposed rulemakings, and curity Council (CG-0943), United States
final rules. Coast Guard Headquarters, 2100 2nd St.
SW., Stop 7121, Washington, DC 20593
[CGD 95057, 60 FR 34148, June 30, 1995, as 7121.
amended by USCG200314505, 68 FR 9534, (b) The petitioner will be notified of
Feb. 28, 2003; USCG200315404, 68 FR 37740,
the Coast Guards decision whether to
June 25, 2003; USCG20080179, 73 FR 35001,
June 19, 2008]
initiate a rulemaking or not. If the
Coast Guard decides not to pursue a
1.0515 Public participation. rulemaking, the petitioner will be noti-
fied of the reasons why. If the Coast
The Coast Guard considers public Guard decides to initiate rulemaking,
participation essential to effective it will follow the procedure outlined in
rulemaking, and encourages the public this subpart. The Coast Guard may
to participate in its rulemaking proc- publish a notice acknowledging receipt
ess. Coast Guard policy is to provide of a petition for rulemaking in the
opportunities for public participation FEDERAL REGISTER.
early in potential rulemaking projects. (c) Any petition for rulemaking and
Generally, the Coast Guard will solicit any reply to the petition will be kept
public input by publishing a notice of in a public docket open for inspection.
public meeting or request for com- [CGD 95057, 60 FR 34148, June 30, 1995, as
ments in the FEDERAL REGISTER. Ad- amended by USCG200315404, 68 FR 37740,
vance Notices of Proposed Rulemaking, June 25, 2003; USCG20080179, 73 FR 35001,
Notices of Proposed Rulemaking, Sup- June 19, 2008]
plemental Notices of Proposed Rule-
making, and Interim Rules will usually 1.0525 Public docket.
provide 90 days, or more if possible, (a) A public docket is maintained
after publication for submission of electronically for each petition for
comments. This time period is in- rulemaking and each Coast Guard rule-
tended to allow interested persons the making project and notice published in
opportunity to participate in the rule- the FEDERAL REGISTER. Each docket
making process through the submis- contains copies of every rulemaking
sion of written data and views. How- document published for the project,
ever, certain cases and circumstances public comments received, summaries
may make it necessary to provide a of public meetings or hearings, regu-
shorter comment period. Public meet- latory assessments, and other publicly-
ings may also be held to provide an op- available information. Members of the
portunity for oral presentations. The public may inspect the public docket
and copy any documents in the docket.
Coast Guard will consider the com-
Public dockets for Coast Guard
ments received and, in subsequent rule-
rulemakings are available electroni-
making documents, will incorporate a cally at http://www.regulations.gov. To
concise general statement of the com- access a rulemaking, enter the docket
ments received and identify changes number associated with rulemaking in
from a proposed rule based on the com- the Search box and click Go >>.
ments. These documents are also kept at a
14
Docket Management Facility main- proposed rulemaking. The supple-

tained by the Department of Transpor- mental notice advises the public of the
tation, West Building, room W12140, revised proposal and provides an oppor-
1200 New Jersey Avenue, SE., Wash- tunity for additional comment. To give
ington, DC 20590. the public a reasonable opportunity to
(b) The public dockets for Coast become reacquainted with a rule-
Guard rulemaking activity initiated by making, a supplemental notice may
Coast Guard District Commanders are also be issued if considerable time has
available for public inspection at the elapsed since publication of a notice of
appropriate Coast Guard District office proposed rulemaking. An SNPRM con-
or online at http://www.regulations.gov. tains the same type of information
Paragraph (a) of this section describes generally included in an NPRM.
how to access and view these docu-
ments. 1.0545 Interim rule.
(c) The public dockets for Coast (a) An interim rule may be issued
Guard rulemaking activity initiated by when it is in the public interest to pro-
Captains of the Port are available for mulgate an effective rule while keeping
inspection at the appropriate Captains the rulemaking open for further refine-
of the Port Office or online at http:// ment. For example, an interim rule
www.regulations.gov. Paragraph (a) of may be issued in instances when nor-
this section describes how to access mal procedures for notice and com-
and view these documents. ment prior to issuing an effective rule
[USCG20080179, 73 FR 35001, June 19, 2008] are not required, minor changes to the
final rule may be necessary after the
1.0530 Advance notice of proposed interim rule has been in place for some
rulemaking (ANPRM). time, or the interim rule only imple-
An advance notice of proposed rule- ments portions of a proposed rule,
making may be used to alert the af- while other portions of the proposed
fected public about a new regulatory rule are still under development.
project, or when the Coast Guard needs (b) An interim rule will be published
more information about what form pro- in the FEDERAL REGISTER with an effec-
posed regulations should take, the active date that will generally be at least
tual need for a regulation, the cost of a 30 days after the date of publication.
proposal, or any other information. After the effective date, an interim
The ANPRM may solicit general infor- rule is enforceable and is codified in
mation or ask the public to respond to the next annual revision of the appro-
specific questions. priate title of the Code of Federal Reg-
ulations.
1.0535 Notice of proposed rule-
making (NPRM). 1.0550 Final rule.
Under the Administrative Procedure In some instances, a final rule may
Act (APA), 5 U.S.C. 553, an NPRM is be issued without prior notice and com-
generally published in the FEDERAL ment. When notice and comment pro-
REGISTER for Coast Guard rulemakings. cedures have been used, and after all
The NPRM normally contains a pre- comments received have been consid-
amble statement in sufficient detail to ered, a final rule is issued. A final rule
explain the proposal, its background, document contains a preamble that
basis, and purpose, and the various discusses comments received, responses
issues involved. It also contains a dis- to comments and changes made from
cussion of any comments received in the proposed or interim rule, a citation
response to prior notices, a citation of of legal authority, and the text of the
legal authority for the rule, and the rule.
text of the proposed rule.
1.0555 Direct final rule.
1.0540 Supplemental notice of pro- (a) A direct final rule may be issued
posed rulemaking (SNPRM). to allow noncontroversial rules that
An SNPRM may be issued if a pro- are unlikely to result in adverse public
posed rule has been substantially comment to become effective more
changed from the original notice of quickly.
15
1.0560 33 CFR Ch. I (7112 Edition)
(b) A direct final rule will be pub- (2) There are a limited number of rep-
lished in the FEDERAL REGISTER with resentatives for identifiable parties af-
an effective date that is generally at fected by the rule;
least 90 days after the date of publica- (3) There is a reasonable chance that
tion. balanced representation can be reached
(c) The public will usually be given at in the negotiated rulemaking com-
least 60 days from the date of publica- mittee and that the committee mem-
tion in which to submit comments or bers will negotiate in good faith;
notice of intent to submit comments. (4) There is a likelihood of a com-
(d) If no adverse comment or notice mittee consensus in a fixed time pe-
of intent to submit an adverse com- riod;
ment is received within the specified (5) The negotiated rulemaking proc-
period, the Coast Guard will publish a ess will not unreasonably delay the
notice in the FEDERAL REGISTER to rule;
confirm that the rule will go into effect (6) The Coast Guard has resources to
as scheduled. do negotiated rulemaking; and
(e) If the Coast Guard receives a writ- (7) The Coast Guard can use the con-
ten adverse comment or a written no- sensus of the committee in formulating
tice of intent to submit an adverse the NPRM and final rule.
comment, the Coast Guard will publish
a notice in the final rule section of the Subpart 1.07Enforcement; Civil
FEDERAL REGISTER to announce with- and Criminal Penalty Proceedings
drawal of the direct final rule. If an ad-
verse comment clearly applies to only AUTHORITY: 14 U.S.C. 633; 14 U.S.C. 92(e); 33
part of a rule, and it is possible to re- U.S.C. 1321(b)(6)(B); 46 U.S.C. 2103; Depart-
move that part without affecting the ment of Homeland Security Delegation
remaining portions, the Coast Guard 0701.1.
may adopt as final those parts of the SOURCE: CGD 7882, 43 FR 54186, Nov. 20,
rule on which no adverse comment was 1978, unless otherwise noted.
received. Any part of a rule that is the
subject of an adverse comment will be 1.071 Purpose.
withdrawn. If the Coast Guard decides This part describes procedures for en-
to proceed with a rulemaking following forcement and administration of all
receipt of an adverse comment, a sepa- statutory penalty provisions that the
rate Notice of Proposed Rulemaking Coast Guard is authorized to enforce.
(NPRM) will be published unless an ex-
ception to the Administrative Proce- 1.075 Definitions.
dure Act requirements for notice and (a) The term District Commander,
comment applies. when used in this subpart, means the
(f) A comment is considered adverse District Commander, or any person
if the comment explains why the rule under the District Commanders com-
would be inappropriate, including a mand, delegated to carry out the provi-
challenge to the rules underlying sions of 1.0710(b).
premise or approach, or would be inef- (b) The term Hearing Officer means a
fective or unacceptable without a Coast Guard officer or employee who
change. has been delegated the authority to as-
sess civil penalties.
[CGD 94105, 60 FR 49224, Sept. 22, 1995] (c) The term issuing officer means any
qualified Coast Guard commissioned,
1.0560 Negotiated rulemaking.
warrant, or petty officer.
(a) The Coast Guard may establish a (d) The term Notice of Violation means
negotiated rulemaking committee a notification of violation and prelimi-
under the Negotiated Rulemaking Act nary assessment of penalty, given to a
of 1990 and the Federal Advisory Com- party, in accordance with 1.0711.
mittee Act (FACA) (5 U.S.C. App. 2) (e) The term party means the person
when it is in the public interest. alleged to have violated a statute or
(b) Generally, the Coast Guard will regulation to which a civil penalty ap-
consider negotiated rulemaking when: plies and includes an individual or pub-
(1) There is a need for a rule; lic or private corporation, partnership
16
or other association, or a governmental 1.0711 Notice of violation.

entity. (a) After investigation and evalua-
[CGD 93079, 59 FR 16560, Apr. 7, 1994] tion of an alleged violation has been
completed, an issuing officer may issue
1.0710 Reporting and investigation. a Notice of Violation to the party.
(a) Any person may report an appar- (b) The Notice of Violation will con-
ent violation of any law, regulation, or tain the following information:
order that is enforced by the Coast (1) The alleged violation and the ap-
Guard to any Coast Guard facility. plicable law or regulations violated;
When a report of an apparent violation (2) The amount of the maximum pen-
alty that may be assessed for each vio-
has been received, or when an apparent
lation;
violation has been detected by any
(3) The amount of proposed penalty
Coast Guard personnel, the matter is
that appears to be appropriate;
investigated or evaluated by Coast
(4) A statement that payment of the
Guard personnel. Once an apparent vio- proposed penalty within 45 days will
lation has been investigated or evalu- settle the case;
ated, a report of the investigation may (5) The place to which, and the man-
be sent to the District Commander or ner in which, payment is to be made;
other designated official in accordance (6) A statement that the party may
with paragraph (b) of this section or a decline the Notice of Violation and
Notice of Violation under 1.0711 may that if the Notice of Violation is de-
be given to the party by an issuing offi- clined, the party has the right to a
cer. hearing prior to a final assessment of a
(b) Reports of any investigation con- penalty by a Hearing Officer.
ducted by the Coast Guard or received (7) A statement that failure to either
from any other agency which indicate pay the proposed penalty on the Notice
that a violation may have occurred of Violation or decline the Notice of
may be forwarded to a District Com- Violation and request a hearing within
mander or other designated official for 45 days will result in a finding of de-
further action. This is normally the fault and the Coast Guard will proceed
District Commander of the District in with the civil penalty in the amount
which the violation is believed to have recommended on the Notice of Viola-
occurred, or the District in which the tion without processing the violation
reporting unit or agency is found. The under the procedures described in 33
report is reviewed to determine if there CFR 1.0710(b).
is sufficient evidence to establish a (c) The Notice of Violation may be
hand delivered to the party or an em-
prima facie case. If there is insufficient
ployee of the party, or may be mailed
evidence, the case is either returned for
to the business address of the party.
further investigation or closed if fur-
(d) If a party declines the Notice of
ther action is unwarranted. The case is
Violation within 45 days, the case file
closed in situations in which the inves- will be sent to the District Commander
tigation has established that a viola- for processing under the procedures de-
tion did not occur, the violator is un- scribed in 33 CFR 1.0710(b).
known, or there is little likelihood of (e) If a party pays the proposed pen-
discovering additional relevant facts. If alty on the Notice of Violation within
it is determined that a prima facie case 45 days, a finding of proved will be en-
does exist, a case file is prepared and tered into the case file.
forwarded to the Hearing Officer, with (f) If within 45 days of receipt a
a recommended action. A record of any party
prior violations by the same person or (1) Fails to pay the proposed penalty
entity, is forwarded with the case file. on the Notice of Violation; and
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as
(2) Fails to decline the Notice of Vio-
amended by CGD 87008a, 52 FR 17554, May 11, lationthe Coast Guard will enter a
1987; CGD 93079, 59 FR 16560, Apr. 7, 1994; finding of default in the case file and
USCG20007223, 65 FR 40054, June 29, 2000] proceed with the civil penalty in the
amount recommended on the Notice of
17
1.0715 33 CFR Ch. I (7112 Edition)
Violation without processing the viola- (3) The general nature of the proce-
tion under the procedures described in dure for assessing and collecting the
33 CFR 1.0710(b). penalty;
(4) The amount of penalty that ap-
[CGD 93079, 59 FR 66482, Dec. 27, 1994, as
amended by USCG20019175, 67 FR 38388, pears to be appropriate, based on the
June 4, 2002] material then available to the Hearing
Officer;
1.0715 Hearing Officer. (5) The right to examine all materials
(a) The Hearing Officer has no other in the case file and have a copy of all
responsibility, direct or supervisory, written documents provided upon re-
for the investigation of cases referred quest; and,
for the assessment of civil penalties. (6) The fact that the party may de-
The hearing officer may take action on mand a hearing prior to any actual as-
a case referred by any District Com- sessment of a penalty.
mander. (c) If at any time it appears that the
(b) The Hearing Officer decides each addition of another party to the pro-
case on the basis of the evidence before ceedings is necessary or desirable, the
him, and must have no prior connec- Hearing Officer provides the additional
tion with the case. The Hearing Officer party with notice as described above.
is solely responsible for the decision in
1.0725 Preliminary matters.
each case referred to him.
(c) The Hearing Officer is authorized (a) Within 30 days after receipt of no-
to administer oaths and issue sub- tice of the initiation of the action, as
poenas necessary to the conduct of a described above, the party, or counsel
hearing, to the extent provided by law. for the party, may request a hearing,
provide any written evidence and argu-
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as
ments in lieu of a hearing, or pay the
amended by CGD 87008a, 52 FR 17554, May 11,
1987; USCG200212471, 67 FR 41331, June 18, amount specified in the notice as being
2002] appropriate. A hearing must be re-
quested in writing; the request must
1.0720 Initiation of action. specify the issues which are in dispute.
(a) When a case is received for action, Failure to specify a nonjurisdictional
the Hearing Officer makes a prelimi- issue will preclude its consideration.
nary examination of the material sub- (b) The right to a hearing is waived if
mitted. If, on the basis of the prelimi- the party does not submit the request
nary examination, the Hearing Officer to the Hearing Officer within 30 days
determines that there is insufficient after receiving notice of the alleged
evidence to proceed, or that there is violation. At the discretion of the
any other reason which would make Hearing Officer, a hearing may be
penalty action inappropriate, the Hear- granted if the party submits a late re-
ing Officer returns the case to the Dis- quest.
trict Commander with a written state- (c) The Hearing Officer must prompt-
ment of the reason. The District Com- ly schedule all hearings which are re-
mander may close the case or cause a quested. The Hearing Officer shall
further investigation of the alleged grant any delays or continuances
violation to be made with a view to- which may be necessary or desirable in
ward resubmittal of the case to the the interest of fairly resolving the
Hearing Officer. case.
(b) If on the basis of the preliminary (d) A party who has requested a hear-
examination of the case file, the Hear- ing may amend the specification of the
ing Officer determines that a violation issues in dispute at any time up to 10
appears to have been committed, the days before the scheduled date of the
Hearing Officer notifies the party in hearing. Issues raised later than 10
writing of: days before the scheduled hearing may
(1) The alleged violation and the ap- be presented only at the discretion of
plicable law or regulations; the Hearing Officer.
(2) The amount of the maximum pen- [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
alty that may be assessed for each vio- amended by CGD 85001A, 51 FR 19329, May
lation; 29, 1986]
18
1.0730 Disclosure of evidence. the Hearing Officer directs all further

communications to that counsel.
The alleged violator may, upon re-
quest, receive a free copy of all the 1.0745 Location of hearings and
written evidence in the case file, exchange of venue.
cept material that would disclose or
(a) The hearing is normally held at
lead to the disclosure of the identity of the office of the Hearing Officer.
a confidential informant. Other evi-
(b) The Hearing Officer may transfer
dence or material, such as blueprints, a case to another Hearing Officer on re-
sound or video tapes, oil samples, and quest or on the Hearing Officers own
photographs may be examined in the motion.
Hearing Officers offices. The Hearing
(c) A request for change of location of
Officer may provide for examination or
a hearing or transfer to another Hear-
testing of evidence at other locations if
ing Officer must be in writing and state
there are adequate safeguards to pre-
the reasons why the requested action is
vent loss or tampering.
necessary or desirable. Action on the
1.0735 Request for confidential request is at the discretion of the Hear-
treatment. ing Officer.
(a) In addition to information treated [CGD 87008a, 52 FR 17554, May 11, 1987]
as confidential under 1.0730, a request
1.0750 Witnesses.
for confidential treatment of a docu-
ment or portion thereof may be made A party may present the testimony
by the person supplying the informa- of any witness either through a per-
tion on the basis that the information sonal appearance or through a written
is: statement. The party may request the
(1) Confidential financial informa- assistance of the Hearing Officer in ob-
tion, trade secrets, or other material taining the personal appearance of a
exempt from disclosure by the Free- witness. The request must be in writ-
dom of Information Act (5 U.S.C. 552); ing and state the reasons why a written
(2) Required to be held in confidence statement would be inadequate, the
by 18 U.S.C. 1905; or issue or issues to which the testimony
(3) Otherwise exempt by law from dis- would be relevant, and the substance of
closure. the expected testimony. If the Hearing
Officer determines that the personal
(b) The person desiring confidential
appearance of the witness may materi-
treatment must submit the request to
ally aid in the decision on the case, the
the Hearing Officer in writing and
Hearing Officer seeks to obtain the wit-
state the reasons justifying nondisclo-
ness appearance. Because many stat-
sure. Failure to make a timely request
utes prescribing civil penalties do not
may result in a document being consid-
provide subpoena power, there may be
ered as nonconfidential and subject to
cases where a witness cannot be re-
release.
quired to attend. In such a case, the
(c) Confidential material is not con- Hearing Officer may move the hearing
sidered by the Hearing Officer in reach- to the witness location, accept a writ-
ing a decision unless: ten statement, or accept a stipulation
(1) It has been furnished by a party, in lieu of testimony. If none of these
or procedures is practical, the Hearing Of-
(2) It has been furnished pursuant to ficer shall proceed on the basis of the
a subpoena. evidence before him.
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
amended by USCG200212471, 67 FR 41331, amended by USCG200212471, 67 FR 41331,
June 18, 2002] June 18, 2002]
1.0740 Counsel. 1.0755 Hearing procedures.

A party has the right to be rep- (a) The Hearing Officer must conduct
resented at all stages of the proceeding a fair and impartial proceeding in
by counsel. After receiving notification which the party is given a full oppor-
that a party is represented by counsel, tunity to be heard. At the outset of the
19
1.0760 33 CFR Ch. I (7112 Edition)
hearing, the Hearing Officer insures ceived. If the statement is not received
that the party is aware of the nature of within the time prescribed, or within
the proceeding and of the alleged viola- the limits of any extension of time
tion, and of the provisions of the law or granted by the Hearing Officer, the
regulation allegedly violated. Hearing Officer renders his decision in
(b) The material in the case file per- the case.
tinent to the issues to be determined
by the Hearing Officer is presented. 1.0760 Records.
The party has the right to examine, (a) A verbatim transcript will not
and to respond to or rebut, this mate- normally be prepared. The Hearing Of-
rial. The party may offer any facts, ficer prepares notes on the material
statements, explanations, documents, and points raised by the party, in suffi-
sworn or unsworn testimony, or other cient detail to permit a full and fair re-
exculpatory items which bear on appro- view and resolution of the case, should
priate issues, or which may be relevant it be appealed.
to the size of an appropriate penalty. (b) A party may, at its own expense,
The Hearing Officer may require the cause a verbatim transcript to be
authentication of any written exhibit made. If a verbatim transcript is made,
or statement. the party shall submit two copies to
(c) At the close of the partys presen- the Hearing Officer not later than the
tation of evidence, the Hearing Officer time of filing an administrative appeal.
may allow the introduction of rebuttal The Hearing Officer includes them in
evidence. The Hearing Officer may the record.
allow the party to respond to any such
evidence submitted. [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
(d) In receiving evidence, the Hearing amended by USCG200212471, 67 FR 41331,
June 18, 2002]
Officer is not bound by strict rules of
evidence. In evaluating the evidence 1.0765 Hearing Officers decisions.
presented, the Hearing Officer must
give due consideration to the reli- (a) The Hearing Officer issues a writ-
ability and relevance of each item of ten decision. Any decision to assess a
evidence. penalty is based upon substantial evi-
(e) The Hearing Officer may take no- dence in the record. If the Hearing Offi-
tice of matters which are subject to a cer finds that there is not substantial
high degree of indisputability and are evidence in the record establishing the
commonly known in the community or alleged violation or some other viola-
are ascertainable from readily avail- tion of which the party had full and
able sources of known accuracy. Prior fair notice, the Hearing Officer shall
to taking notice of a matter, the Hear- dismiss the case and remand it to the
ing Officer gives the party an oppor- District Commander. A dismissal is
tunity to show why notice should not without prejudice to the District Com-
be taken. In any case in which notice is manders right to refile the case and
taken, the Hearing Officer places a have it reheard if additional evidence
written statement of the matters as to is obtained. A dismissal following a re-
which notice was taken in the record, hearing is final and with prejudice.
with the basis for such notice, includ- (b) If the Hearing Officer assesses a
ing a statement that the party con- penalty, the Hearing Officers decision
sented to notice being taken or a sum- contains a statement advising the
mary of the partys objections. party of the right to an administrative
(f) After the evidence in the case has appeal. The party is advised that fail-
been presented, the party may present ure to submit an appeal within the pre-
argument on the issues in the case. The scribed time will bar its consideration
party may also request an opportunity and that failure to appeal on the basis
to submit a written statement for con- of a particular issue will constitute a
sideration by the Hearing Officer and waiver of that issue in any subsequent
for further review. The Hearing Officer proceeding.
shall allow a reasonable time for sub- [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
mission of the statement and shall amended by CGD 85001A, 51 FR 19329, May
specify the date by which it must be re- 29, 1986]
20
1.0770 Right to appeal. 1.0780 Reopening of hearings.

(a) Any appeal from the decision of (a) At any time prior to final agency
the Hearing Officer must be submitted action in a civil penalty case, a party
by a party within 30 days from the date may petition to reopen the hearing on
of receipt of the decision. The appeal the basis of newly discovered evidence.
and any supporting brief must be sub- (b) Petitions to reopen must be in
mitted to the Hearing Officer. The only writing describing the newly found evi-
issues which will be considered on ap- dence and must state why the evidence
peal are those issues specified in the would probably produce a different re-
appeal which were properly raised be- sult favorable to the petitioner, wheth-
fore the Hearing Officer and jurisdic- er the evidence was known to the peti-
tional questions. tioner at the time of the hearing and,
(b) The failure to file an appeal with- if not, why the newly found evidence
in the prescribed time limit results in could not have been discovered in the
the action of the Hearing Officer be- exercise of due diligence. The party
coming the final agency action in the must submit the petition to the Hear-
ing Officer.
case.
(c) The District Commander may file
1.0775 Action on appeals. comments in opposition to the peti-
tion. If comments are filed, a copy is
(a) Upon receipt, the Hearing Officer provided the party.
provides a copy of the appeal and any (d) A petition to reopen is considered
supporting brief to the District Com- by the Hearing Officer unless an appeal
mander who referred the case. Any has been filed, in which case the peti-
comments which the District Com- tion is considered by the Commandant.
mander desires to submit must be re- (e) The decision on the petition is de-
ceived by the Hearing Officer within 30 cided on the basis of the record, the pe-
days. The Hearing Officer includes the tition, and the comments in opposi-
District Commanders comments, or tion, if any. The petition is granted
not later than 30 days after receipt of only when newly found evidence is de-
the appeal if no comments are subscribed which has a direct and material
mitted by the District Commander, the bearing on the issues and when a valid
Hearing Officer forwards all materials explanation is provided as to why the
in the case to the Commandant. evidence was not and could not have
(b) The Commandant issues a written been, in the exercise of due diligence,
decision in each case and furnishes cop- produced at the hearing. The decision
ies to the party, the District Com- is rendered in writing.
mander, and the Hearing Officer, The (f) Following a denial of a petition to
Commandant may affirm, reverse, or reopen, the party is given 30 days to
modify the decision, or remand the file an appeal if one has not already
case for new or additional proceedings. been filed, or to amend an appeal which
In the absence of a remand, the deci- has already been filed.
sion of the Commandant on appeal [CGD 7882, 43 FR 54186, Nov. 20, 1978, as
shall be final. In addition to the ac- amended by CGD 87008a, 52 FR 17555, May 11,
tions which may be taken by the Com- 1987]
mandant on appeal, the Commandant
may also remit, mitigate or suspend 1.0785 Collection of civil penalties.
the assessment in whole or in part. (a) Payment of a civil penalty may be
Upon the taking of remission, mitiga- made by check or postal money order
tion, or suspension action, the Com- payable to the U.S. Coast Guard.
mandant will inform the party of the (b) Within 30 days after receipt of the
action and any conditions placed on Commandants decision on appeal, or
the action. the Hearing Officers decision in a case
in which no appeal has been filed, the
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as
party must submit payment of any as-
amended by CGD 87008a, 52 FR 17555, May 11,
1987]
sessed penalty to the office specified in
the assessment notice. Failure to make
21
1.0790 33 CFR Ch. I (7112 Edition)
timely payment will result in the insti- manders are authorized to determine
tution of appropriate action under the whether to institute civil penalty pro-
Federal Claims Collection Act and the ceedings or to refer the case to the U.S.
regulations issued thereunder. attorney for prosecution in accordance
(c) When a penalty of not more than with 1.0790.
$200 has been assessed under Chapter 43 (b) When the U.S. Attorney declines
or 123 of Title 46 U.S.C., the matter to institute criminal proceedings, the
may be referred for collection of the Area, MLC, or District Commander de-
penalty directly to the Federal Mag- cides whether to initiate civil penalty
istrate of the jurisdiction wherein the proceedings or to close the case.
person liable may be found, for the in-
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as
stitution of collection procedures amended by USCG20019286, 66 FR 33639,
under supervision of the district court, June 25, 2001]
if the court has issued an order dele-
gating such authority under section 1.07100 Summons in lieu of seizure
636(b) of Title 28, United States Code. of commercial fishing industry ves-
sels.
[CGD 87008a, 52 FR 17555, May 11, 1987]
(a) As used in this section, the fol-
1.0790 Criminal penalties. lowing terms have the meanings speci-
(a) Prosecution in the Federal courts fied:
for violations of those laws or regula- (1) Commercial fishing industry vessel
tions enforced by the Coast Guard means a fishing vessel, a fish proc-
which provide, upon conviction, for essing vessel, or a fish tender vessel as
punishment by fine or imprisonment is defined in 46 U.S.C. 2101 (11a), (11b), or
a matter finally determined by the De- (11c), respectively.
partment of Justice. This final deter- (2) Personal use quantity means a
mination consists of deciding whether quantity of a controlled substance as
and under what conditions to prosecute specified in 19 CFR 171.51.
or to abandon prosecution. (b) When a commercial fishing indus-
(b) Except in those cases where the try vessel is subject to seizure for a
approval of the Commandant is re- violation of 21 U.S.C. 881(a)(4), (6), or
quired, the Area, Maintenance & Logis- (7); of 19 U.S.C. 1595a(a); or of 49 U.S.C.
tics Command (MLC), and District App. 782 and the violation involves the
Commanders are authorized to refer possession of a personal use quantity of
the case to the U.S. attorney. The a controlled substance, the vessel shall
Commandants approval is required in be issued a summons to appear as pre-
the following cases where evidence of a scribed in subpart F of 19 CFR part 171
criminal offense is disclosed: in lieu of seizure, provided that the
(1) Marine casualties or accidents re- vessel is:
sulting in death. (1) Proceeding to or from a fishing
(2) Marine Boards (46 CFR part 4). area or intermediate port of call; or
(3) Violations of port security regula- (2) Actively engaged in fishing oper-
tions (33 CFR parts 6, 121 to 126 inclu- ations.
sive).
[CGD 89003, 54 FR 37615, Sept. 11, 1989]
(c) The Area, MLC, or District Com-
mander will identify the laws or regu-
lations which were violated and make Subpart 1.08Written Warnings by
specific recommendations concerning Coast Guard Boarding Officers
the proceedings to be instituted by the
U.S. attorney in every case. AUTHORITY: 14 U.S.C. 633; 49 CFR 1.46(b).
[CGD 7882, 43 FR 54186, Nov. 20, 1978, as
1.081 Applicability.
June 25, 2001] (a) The regulations in this subpart
apply to certain violations of the fol-
1.0795 Civil and criminal penalties. lowing statutes and regulations for
(a) If a violation of law or regulation which Coast Guard boarding officers
carries both a civil and a criminal pen- are authorized to issue written warn-
alty, the Area, MLC, and District Com- ings instead of recommending civil or
22
criminal penalty procedures under sub- by each district office for not more
part 1.07 of this part: than three years after date of issue.
(1) 46 CFR 25.05 whistles or other (d) The district commander of the
sound producing devices; district in which the warning is issued
(2) 33 CFR part 175, subpart B and 46 may rescind a written warning and in-
CFR subpart 25.25, Personal Flotation stitute civil penalty action under 1.07
Devices. 10 of this part if a record check dis-
(3) 46 CFR 25.35 backfire flame con- closes a prior written warning or viola-
trol; tion issued within one year or in the
(4) 46 CFR 25.40 ventilation; case of a violation of 33 CFR part 159 a
(5) 33 CFR part 173 numbering; prior written warning or violation
(6) 46 U.S.C. 103, documented yachts;
issued within three years.
(7) 33 CFR part 155 oil pollution pre-
vention; and (e) Within 15 days after the date of
(8) 46 CFR 25.30 fire extinguishers; issue, any person issued a written
(9) 33 CFR part 159 marine sanitation warning by a Coast Guard boarding of-
devices; ficer may appeal the issuance of the
(10) 33 CFR part 175 subpart C, Visual warning to the district commander by
Distress Signals. providing in writing or in person any
(11) 33 CFR 88.05 Copy of rules. information that denies, explains, or
(b) The Commandant authorizes des- mitigates the violations noted in the
ignated boarding officers to issue warn- warning.
ings for certain minor violations of the (f) Each written warning shall indi-
statutes and regulations listed in para- cate that:
graph (a) of this section. Written warn- (1) The warning is kept on file for a
ings are not authorized for all viola- period of not more than one year after
tions of these statutes and regulations. date of issue or in the case of a viola-
(14 U.S.C. 633, 85 Stat. 228 (46 U.S.C. 1488); 86 tion of 33 CFR part 159 a period of not
Stat. 871 (33 U.S.C. 1322); 49 CFR 1.46(b), (m), more than three years for reference in
and (n)(1)) determining appropriate penalty ac-
[CGD 74155, 41 FR 17894, Apr. 29, 1976, as tion if there is a subsequent violation;
amended by CGD 77182, 43 FR 22657, May 25, (2) If a record check reveals a prior
1978; CGD 82040, 47 FR 21042, May 17, 1982; written warning or violation within
CGD 85009, 50 FR 10761, Mar. 18, 1985] the time period designated in 1.085(d)
of this part, the warning may be re-
1.085 Procedures. voked and civil penalty action insti-
(a) A written warning may be issued tuted;
where the boarding officer determines (3) If an additional violation occurs
that: within the time period designated in
(1) The observed violation is a first 1.085(d) the warning may be used as a
offense; and basis for the assessment of a higher
(2) The operator states that the vio- penalty for the subsequent violation;
lation will be promptly corrected. and
(b) A written warning may not be (4) Within 15 days after the date of
issued where: issue, the person who is issued the
(1) The operator is required to be li-
warning may appeal to the District
censed or credentialed;
Commander by providing in writing or
(2) The violation is a failure to have
in person any information or material
required safety equipment on board; or
that denies, explains, or mitigates the
(3) The boarding officer notes three
or more violations during one board- violations noted in the warning.
ing. (14 U.S.C. 633; 85 Stat. 228 (46 U.S.C. 1488); 86
(c) Each district office maintains a Stat. 871 (33 U.S.C. 1322); 49 CFR 1.46 (b), (m),
record of each written warning issued and (n)(1))
within that district for a period of not [CGD 74155, 41 FR 17894, Apr. 29, 1976, as
more than one year after date of issue amended by CGD 77182, 43 FR 22657, May 25,
except in cases involving violations of 1978; USCG200625150, 71 FR 39208, July 12,
33 CFR part 159 marine sanitation de- 2006; USCG200624371, 74 FR 11211, Mar. 16,
vices, records of which are maintained 2009]
23
1.101 33 CFR Ch. I (7112 Edition)
Subpart 1.10Public Availability Subpart 1.20Testimony by Coast

of Information Guard Personnel and Produc-
tion of Records in Legal Pro-
AUTHORITY: 5 U.S.C. 552, 14 U.S.C. 633, sec. ceedings
6(b)(1), 80 Stat. 937 (49 U.S.C. 1655(b)(1)); 49
CFR 1.46(b). AUTHORITY: 5 U.S.C. 301; 14 U.S.C. 632, 633,
SOURCE: CGD7354R, 38 FR 12396, May 11, 49 U.S.C. 322; 49 CFR 1.46 and part 9.
1973, unless otherwise noted.
1.201 Testimony by Coast Guard
personnel and production of
1.101 Official records and docu- records.
ments.
(a) The regulations in 49 CFR part 9
Identifiable records and documents of apply to the testimony of Coast Guard
the Coast Guard are made available to personnel, production of Coast Guard
the public in accordance with the De- records, and service of process in legal
partment of Transportation regula- proceedings.
tions contained in part 7 of title 49, (b) Except for the acceptance of serv-
Code of Federal Regulations. ice of process or pleadings under para-
graph (d) of this section and 49 CFR
1.105 Public availability of records 9.19, the Legal Officer of each Mainte-
and documents. nance and Logistics Command, each
(a) Each person desiring to inspect a District Legal Officer, and the Legal
record or document covered by this Officer assigned to any other Coast
subpart that is located in Head- Guard unit or command, for matters
quarters, or to obtain a copy of such a involving personnel assigned to their
command, are delegated the functions
record or document, must make a writ-
of agency counsel described in 49
ten request to the Chief, Office of Infor- CFR part 9.
mation Management (CG-61), U.S. (c) A request for a member or em-
Coast Guard Headquarters, 2100 2nd St. ployee of the Coast Guard to testify, or
SW., Stop 7101, Washington, DC 20593 for permission to interview such a
7101. member or employee, should be made
(b) Each person desiring to inspect a to the Legal officer serving the com-
record or document covered by this mand to which that member or em-
subpart that is located in a Coast ployee is assigned, or, if the member or
Guard district, or to obtain a copy of employee is serving at Coast Guard
such a record or document, must make Headquarters, or with a command re-
a written request to the district com- ceiving legal services from the Judge
mander in command of the district, or Advocate General and Chief Counsel,
to the officer-in-charge of the appro- U.S. Coast Guard (CG094), to the
priate marine inspection zone. Coast Chief, Office of Claims and Litigation
Guard districts and marine inspection (CG-0945). Should the member or em-
ployee no longer be employed by the
zones are listed in part 3 of this chap-
Coast Guard, and the testimony or in-
ter.
formation sought falls within the pro-
(c) If the person making the request visions of 49 CFR part 9, the request
does not know where in the Coast should be made to the District Legal
Guard the record or document is lo- Officer serving the geographic area
cated, he may send his request to the where the former member or employee
Chief, Office of Information Manage- resides or, if no District Legal Officer
ment (CG-61), at the address in para- has geographic responsibility, to the
graph (a) of this section. Chief, Office of Claims and Litigation.
(d) Process or pleadings in any legal
[CGD7354R, 38 FR 12396, May 11, 1973, as
amended by CGD 96026, 61 FR 33662, June 28, proceeding concerning the Coast Guard
1996] may be served, at the option of the
server, on the Judge Advocate General
and Chief Counsel or the Deputy Judge
Advocate General and Deputy Chief
Counsel of the Coast Guard (CG094)
24
with the same effect as if served on the (1) A person who donated the original
Commandant of the Coast Guard. The document.
official accepting the service under (2) A person who has an official, vol-
this section acknowledges the service untary or cooperative relationship to
and takes further action as appro- the Coast Guard in rendering services
priate. promoting safety of life and property.
(80 Stat. 383, as amended, sec. 1, 33 Stat. 1022, (3) Any agency, corporation or
as amended, sec. 9, 80 Stat. 944; 5 U.S.C. 552, branch of the Federal Government.
14 U.S.C. 632, 633, 46 U.S.C. 375, 416, 49 U.S.C. (4) A person found guilty by an ad-
1657 (a) and (e); 49 CFR 1.46, and part 9) ministrative law judge receives one
[CGFR 7130, 36 FR 8732, May 12, 1971, as copy of the transcript of the hearing if
amended by CGD 95057, 60 FR 34150, June 30, he:
1995; USCG19983799, 63 FR 35525, June 30, (i) Files a notice of appeal, under 46
1998] CFR 5.301; and
(ii) Requests a copy of the transcript.
Subpart 1.25Fees and Charges (5) A person who has been required to
for Certain Records and Services furnish personal documents retained by
the Coast Guard.
AUTHORITY: 5 U.S.C. 552; 14 U.S.C. 633; 49 (6) For other exceptions see 49 CFR
CFR 1.46. 7.97.
SOURCE: CGFR 6713, 32 FR 11211, Aug. 2, (31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR
1967, unless otherwise noted. 1.46(b))
[CGFR 6713, 32 FR 11211, Aug. 2, 1967, as
1.251 Purpose. amended by CGD 76124, 42 FR 23507, May 9,
(a) The regulations in this subpart 1977]
established fees and charges which
shall be imposed by the Coast Guard 1.2540 Fees for services for the pub-
for making copies or excerpts of infor- lic.
mation or records, and for issuing cer- The fees for services performed for
tain duplicate merchant mariner cre- the public, as prescribed in sections
dentials, merchant mariner documents, 552(a) (2) and (3) of title 5, United
licenses or certificates. States Code, by the Department of
(b) These fees and charges are im- Transportation are in subpart I of title
posed as required by Title V of the 49, Code of Federal Regulations. The
Independent Offices Appropriation Act fee schedule for these services is con-
of 1952 (Sec. 501, 65 Stat. 290, 31 U.S.C. tained in 49 CFR 7.95. The applicable
483a). This Act states that it is the fees are imposed and collected by the
sense of Congress that fees and charges Coast Guard as prescribed in 49 CFR
shall be charged for services rendered 7.93.
the public by Federal agencies in order
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat.
that such services may be performed on
937; 31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR
a self-sustaining basis to the fullest ex- 1.46(b))
tent possible.
[CGD 7262R, 37 FR 20166, Sept. 27, 1972; 37 FR
[CGFR 6713, 32 FR 11211, Aug. 2, 1967, as 21481, Oct. 12, 1972, as amended by 40 FR
amended by USCG200624371, 74 FR 11211, 23743, June 2, 1975; CGD 77065, 42 FR 31169,
Mar. 16, 2009] June 20, 1977; CGD 89085, 55 FR 23930, June
13, 1990; CGD 91002, 58 FR 15236, Mar. 19, 1993]
1.2530 Exceptions.
(a) The general policies and instruc- 1.2545 Special admeasurement serv-
tions of the Bureau of the Budget ices.
specify when certain services as spe- If an admeasurer is assigned to meas-
cifically described in this subpart will ure or certify the tonnage of a vessel at
be furnished without charge. the request of the owner thereof at a
(b) The fees and charges prescribed in place other than a port of entry, a cus-
this subpart are not applicable when tom station, or port where an officer-
requested by, or furnished to, the fol- in-charge, marine inspection, is lo-
lowing persons, or under the following cated, the owner shall pay the
circumstances: admeasurers:
25
1.2548 33 CFR Ch. I (7112 Edition)
(a) Pay based on the hourly rate for Subpart 1.26Charges for Dupli-
the grade or level of position held or cate Medals, and Sales of
the daily military compensation rate, Personal Property, Equipment
as appropriate;
or Services and Rentals
(b) Travel expense based on the esti-
mated cost of travel from and return to
AUTHORITY: 14 U.S.C. 633; 49 CFR 1.46(k).
the nearest port of entry, customs sta-
tion, or office of an officer-in-charge, SOURCE: CGFR 6713, 32 FR 11211, Aug. 2,
marine inspection; and 1967, unless otherwise noted.
(c) Daily subsistence expense from
1.261 Purpose.
the time he leaves his official duty sta-
tion until he returns thereto. (a) The regulations in this subpart
establish charges which shall be im-
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat.
posed by the Coast Guard when the
937; 31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR
1.46(b))
Coast Guard sells supplies, equipment,
apparatus, temporary shelter, and serv-
[CGD 7262R, 37 FR 20166, Sept. 27, 1972] ices under certain specified conditions
as authorized by law.
1.2548 Oceanographic research. (b) These sales are intended to permit
(a) Each person allowed by the Coast repayment of costs involved in those
Guard to join a Coast Guard voyage for instances which are ordinarily outside
the purpose of oceanographic research the scope of those distress services
is charged the cost of each meal that with which the Coast Guard is pri-
he consumes while on board the Coast marily concerned (14 U.S.C. 88), or the
Guard vessel. equipment and apparatus are not read-
(b) The person, company, association, ily procurable in the open market.
or government agency engaging a
1.265 Replacement of medals.
Coast Guard vessel for an oceano-
graphic research study is charged the (a) A medal, or a bar, emblem, or in-
daily cost of operating the vessel. signia in lieu thereof, that is lost, de-
stroyed, or rendered unfit for use with-
(Title V, 65 Stat. 268, 290; sec. 6(b)(1), 80 Stat. out fault or neglect on the part of the
937; 31 U.S.C. 483a; 49 U.S.C. 1655(b)(1); 49 CFR
person to whom it was awarded by the
1.46(b))
Coast Guard is replaced without charge
[CGD 7262R, 37 FR 20167, Sept. 27, 1972] by the Coast Guard as authorized in 14
U.S.C. 501.
1.2580 Payment of fees, charges or (b) A medal, a bar, emblem or insig-
sales. nia in lieu thereof, that is lost, de-
(a) The payment of fees and charges stroyed, or rendered unfit for use due
must be made by postal money order or to the fault or neglect of the person to
check payable to the Treasurer of the whom it was awarded, is replaced after
United States or U.S. Coast Guard, the Coast Guard is reimbursed for its
and sent to the office of the Coast cost. Current prices may be obtained
Guard performing the service or fur- from Commandant (CG1221) 2nd St.
nishing or delivering the record, docu- SW., Stop 7801, Washington, DC 20593
ment, or certificate. If copy is to be 7801.
transmitted by registered, air, or spe- (Sec. 1, 63 Stat. 537, 545; sec. 6(b)(1), 80 Stat.
cial delivery mail, postal fees therefor 937; 14 U.S.C. 501, 633; 49 U.S.C. 1655(b)(1); 49
will be added to fees provided in this CFR 1.46(b))
subpart (or the order must include [CGD 72207R, 37 FR 25167, Nov. 28, 1972 as
postage stamps or stamped return en- amended by CGD 85077, 51 FR 25366, July 14,
velopes). 1986; CGD 96026, 61 FR 33662, June 28, 1996]
(b) The fee is payable in advance.
1.2610 Sales to Coast Guard Auxil-
[CGFR 6713, 32 FR 11211, Aug. 2, 1967] iary.
(a) The provisions of Title 14, U.S.
Code, section 891, authorizes the Coast
26
Guard to furnish the Coast Guard Aux- (c) Sales to vessels and other watercraft.
iliary such items as flags, pennants, (1) The charges imposed for services
uniforms, and insignia at actual cost. are intended to permit repayment of
(b) Sales of the following items (when costs involved in those instances where
available) are permitted to members of supplies and services are furnished to
the Auxiliary: meet the necessities of the cir-
(1) Auxiliary flags and pennants. cumstances, and such vessels or
(2) Uniforms. watercraft are not within the scope of
(3) Auxiliary insignia. those distress services performed by
(Sec. 891, 63 Stat. 557 (14 U.S.C. 891)).
the Coast Guard.
(2) Charges for sales of supplies and/
1.2615 Sales of nonexcess personal or furnishing of services are considered
property and services. appropriate when the furnishing of
(a) Authority. The provisions of Title food, fuel, general stores, or repairs to
14, U.S. Code, section 641(b), authorizes the vessel or its equipage are primarily
the Coast Guard to sell apparatus or for the convenience of the owner, mas-
equipment manufactured by or in use ter, or crew, and furnished at his or
in the Coast Guard, which is not read- their request. It is not intended and
ily procurable in the open market. The the Coast Guard does not procure and
provisions of Title 14, U.S. Code, sec- stock equipment and supplies except as
tion 654 (Pub. L. 86159 approved Aug. provided for in current instructions
14, 1959), authorize the Coast Guard to issued by competent authority.
sell supplies and furnish services to (3) Supplies provided and services
public and commercial vessels, and performed will be of a limited nature
other watercraft. 49 U.S.C. 44502(d) au- consistent with the situation and with-
thorizes the Coast Guard to provide for in the capabilities of the Coast Guard
assistance, the sale of fuel, oil, equip- unit concerned; provided this will not
ment, and supplies, to an aircraft when be in competition with commercial en-
necessary to allow the aircraft to con- terprise when such facilities are avail-
tinue to the nearest private airport.
able and deemed adequate. It is not in-
(b) Charges established by District Com- tended to permit the operators of ves-
mander. The charges for supplies and
sels or watercraft to take advantage of
services which may be normally ex-
the Government by demanding free
pected to be furnished to persons, cor-
porations, companies, vessels, and supplies or services. Determination as
other watercraft, and non-Federal air- to whether charges will be made is de-
craft will vary between various geo- pendent upon the circumstances in-
graphical regions depending on local volved in each instance. The responsi-
circumstances. The District Com- bility to make this determination rests
mander is hereby delegated authority with the District Commander who may
to prescribe and he shall establish, in delegate it to his subordinates.
advance wherever practicable, the (4) The minimum charge for any sup-
charges to be imposed and collected in plies or services furnished to a vessel
various areas under his jurisdiction, or other watercraft shall be $10. The
which will be in accordance with the prices for fuels and materials which
applicable general minimum terms and may be sold will be at Coast Guard cost
conditions in the laws and this section. plus 20 percent or, if readily deter-
In those cases where the charges have minable, at the commercial price in
not been established in advance, the the immediate operating area, which-
matter shall be priced on an individual ever is higher. The charges for services
basis, taking into consideration the furnished a vessel or watercraft will be
facts and circumstances regarding the an average cost equal to the full price,
situation. The list(s) of charges estab- plus taxes, that a boat owner would
lished by the District Commander shall pay a local commercial concern for
be available for reading and copying at
such services.
the office of the issuing District Com-
mander, which list(s) will be up-dated (5) The sales of supplies and services
and reissued when necessary. will be documented and will set forth
27
1.2615 33 CFR Ch. I (7112 Edition)
the name, type, and identifying num- of the pilot, provided the necessary fa-
ber of the vessel or watercraft receiv- cilities are available. No such aircraft
ing supplies or services; name and ad- will be given a major or minor over-
dress of vessels owner; and conditions haul. Damaged aircraft may be stored
under which it was determined to make in its original damaged condition. If
a sale to the vessel or watercraft. aircraft requires extensive repairs,
Wherever possible, payment shall be such as would include the replacing of
obtained at the time supplies and serv- major parts and such major parts can-
ices are furnished. not be made available or supplied with-
(d) Sales of equipment not readily pro- in a reasonable length of time by the
curable on the open market. Charges im- operator of such aircraft, then the air-
posed for sales of apparatus and equip-
craft must be removed from the Coast
ment manufactured by or in use in the
Guard reservation by the operator
Coast Guard which, in the opinion of
the Commandant (CG-9), is not readily without delay.
procurable in the open market, are sub- (3) The Government will not assume
ject to the following conditions: any responsibility for any loss or dam-
(1) The apparatus or equipment has age incurred by such aircraft while on
not been reported as excess to the Gen- a Coast Guard reservation and the
eral Services Administration (if so re- owner shall be required to remove the
ported, requests to purchase will be aircraft from the reservation at the
submitted by the Commandant (CG-9) earliest practicable date.
to the General Services Administra- (4) Storage charges for such aircraft
tion); and, on a Coast Guard reservation shall be
(2) The apparatus or equipment is not as follows:
classified for security reasons or is not (i) For the first 6 working days, no
dangerous to the public health and charge;
safety; and, (ii) For each calendar day thereafter,
(3) The authorized buyers of this ap- $3 for a single motor plane and $5 for a
paratus or equipment are foreign, dual or multiengine plane.
State, or municipal governments or
(5) In the absence of any information
governmental units thereof; parties re-
quired to maintain private aids to to the contrary regarding a particular
navigation; contractors engaged on item or material, the price at which
public works; and in other cases in the item is carried in stock, or on the
which, in the judgment of the Com- Plant Property Record (book price)
mandant (FS), the public interest may will be regarded as the fair market
be served; and, value.
(4) The approved sales will be at (6) When materials or services or
prices determined by the Commandant both materials and services are fur-
(CG-9), which will include an overhead nished an aircraft, a deposit equal to
charge not to exceed 25 percent of ac- the estimated value of such services
quisition cost. and materials as will be required shall
(e) Sales to and storage of non-Federal be obtained in advance of the rendition
aircraft. (1) Activities having the nec- of the services and issuance of the ma-
essary supplies and facilities are au- terials.
thorized to furnish fuel, oil, equipment, (7) The charges for mechanical serv-
supplies, mechanical services, tem- ices rendered (other than in connection
porary storage, or other assistance to with the arrival, refueling, and depar-
any aircraft operated by State, munic- ture of airplanes) shall be an hourly
ipal, or private enterprise in emer- charge for labor, with a minimum of 1
gency cases. Complete engines, air-
hour, which shall be the equivalent to
plane wings, or other major items of
the schedule of wage rates for civilian
equipment shall not be furnished with-
out prior authority from the Com-
mandant.
(2) Aircraft damaged to the extent
that major repairs are required may be
given emergency storage at the request
28
personnel for the district (i.e., machin- PART 2JURISDICTION

ists, helpers, etc.), regardless of wheth-
er the services are performed by en- Subpart AGeneral
listed or civilian personnel.
Sec.
(Sec. 1107, 72 Stat. 798, as amended; sec. 641, 2.1 Purpose.
63 Stat. 547, as amended; sec. 1, 73 Stat. 357; 2.5 Specific definitions control.
49 U.S.C. 1507; 14 U.S.C. 641(b), 654)
Subpart BJurisdictional Terms
[CGFR 6713, 32 FR 11211, Aug. 2, 1967, as
amended by USCG19983799, 63 FR 35525, 2.20 Territorial sea baseline.
June 30, 1998] 2.22 Territorial sea.
2.24 Internal waters.
1.2620 Sales to eligible foreign gov- 2.26 Inland waters.
ernments. 2.28 Contiguous zone.
2.30 Exclusive Economic Zone.
(a) Policy of United States. The Con- 2.32 High seas.
gressional policy is set forth in Title 2.34 Waters subject to tidal influence; wa-
22, U.S. Code, section 2351. The Execu- ters subject to the ebb and flow of the
tive Order No. 10973 dated November 3, tide; mean high water.
1961 (26 FR 10469), describes the admin- 2.36 Navigable waters of the United States,
istration of foreign assistance and re- navigable waters, territorial waters.
2.38 Waters subject to the jurisdiction of
lated functions.
the United States; waters over which the
(b) Diplomatic transactions. Sales of United States has jurisdiction.
Coast Guard material under reimburs-
able aid will be by direction of the Subpart CAvailability of Jurisdictional
Commandant (CG-9) and as approved by Decisions
the Office of the Chief of Naval Oper-
2.40 Maintenance of decisions.
ations. Reimbursable aid transactions 2.45 Decisions subject to change or modi-
are diplomatic transactions and are ne- fication and availability of lists and
gotiated primarily between the respec- charts.
tive foreign military attache or other AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 1222;
representatives of their embassy in Pub. L. 89670, 80 Stat. 931, 49 U.S.C. 108; Pub.
Washington, DC, and the Office of the L. 107296, 116 Stat. 2135, 2249, 6 U.S.C. 101
Chief of Naval Operations. Prices will note and 468; Department of Homeland Secu-
be based on material cost only and es- rity Delegation No. 0170.1.
timates will not include packing, crat- SOURCE: USCG20019044, 68 FR 42598, July
ing, and handling or transportation 18, 2003, unless otherwise noted.
costs. Under reimbursable aid, trans-
portation costs are borne by the pur- Subpart AGeneral
chasing country and shipments are
usually accomplished on collect com- 2.1 Purpose.
mercial bills of lading. (a) The purpose of this part is to de-
fine terms the Coast Guard uses in reg-
1.2625 Payment of charges.
ulations, policies, and procedures, to
(a) The payment of charges shall be determine whether it has jurisdiction
by postal money order or check pay- on certain waters in cases where spe-
able to U.S. Coast Guard, and given cific jurisdictional definitions are not
or sent to the office of the Coast Guard otherwise provided.
performing the service or furnishing (b) Figure 2.1 is a visual aid to assist
the supplies, equipment, etc. you in understanding this part.
29
2.5 33 CFR Ch. I (7112 Edition)
2.5 Specific definitions control. contained in this part, the former defi-
nition controls.
In cases where a particular statute,
regulation, policy or procedure pro- NOTE TO 2.5: For example, the definition
vides a specific jurisdictional defini- of inland waters in the Inland Naviga-
tional Rules Act of 1980 (33 U.S.C. 2003(o))
tion that differs from the definitions
would control the interpretation of inland
30
ER18JY03.046</GPH>
navigation rules created under that Act and jacent to the coast of the United States
the inland waters definition in 46 CFR and seaward of the territorial sea base-
10.103 would control regulations in 46 CFR line.
part 10. Also, in various laws administered
and enforced by the Coast Guard, the terms
(2) Unless otherwise specified in para-
State and United States are defined to graph (a)(1) of this section, territorial
include some or all of the territories and pos- sea means the waters, 3 nautical miles
sessions of the United States. The definitions wide, adjacent to the coast of the
in 2.36 and 2.38 should be considered as sup- United States and seaward of the terri-
plementary to these statutory definitions torial sea baseline.
and not as interpretive of them. (3) In cases where regulations are
promulgated under the authority of
Subpart BJurisdictional Terms statutes covered by both paragraphs
(a)(1) and (a)(2) of this section, the
2.20 Territorial sea baseline. Coast Guard may use the definition of
Territorial sea baseline means the line territorial sea in paragraph (a)(1) of
defining the shoreward extent of the this section.
territorial sea of the United States (b) With respect to any other nation,
drawn according to the principles, as territorial sea means the waters adja-
recognized by the United States, of the cent to its coast that have a width and
Convention on the Territorial Sea and baseline recognized by the United
the Contiguous Zone, 15 U.S.T. 1606, States.
and the 1982 United Nations Conven-
[USCG20019044, 68 FR 42598, July 18, 2003, as
tion on the Law of the Sea (UNCLOS), amended by USCG200314792, 68 FR 60470,
21 I.L.M. 1261. Normally, the territorial Oct. 22, 2003]
sea baseline is the mean low water line
along the coast of the United States. 2.24 Internal waters.
NOTE TO 2.20: Charts depicting the terri-
(a) With respect to the United States,
torial sea baseline are available for examina-
tion in accordance with 1.105 of this chap- internal waters means the waters shore-
ter. ward of the territorial sea baseline.
(b) With respect to any other nation,
2.22 Territorial sea. internal waters means the waters shore-
(a) With respect to the United States, ward of its territorial sea baseline, as
the following apply recognized by the United States.
(1) Territorial sea means the waters, 12
2.26 Inland waters.
nautical miles wide, adjacent to the
coast of the United States and seaward Inland waters means the waters
of the territorial sea baseline, for shoreward of the territorial sea base-
(i) Statutes included within subtitle line.
II and subtitle VI, title 46, U.S.C.; the
Ports and Waterways Safety Act, as 2.28 Contiguous zone.
amended (33 U.S.C. 12211232); the Act (a) For the purposes of the Federal
of June 15, 1917, as amended (50 U.S.C. Water Pollution Control Act (33 U.S.C.
191195); and the Vessel Bridge-to- 1251 et seq.), contiguous zone means the
Bridge Radiotelephone Act (33 U.S.C. zone, 9 nautical miles wide, adjacent to
12011208), and any regulations issued and seaward of the territorial sea, as
under the authority of these statutes. defined in 2.22(a)(2), that was declared
(ii) Purposes of criminal jurisdiction to exist in Department of State Public
pursuant to Title 18, United States Notice 358 of June 1, 1972 and that ex-
Code. tends from 3 nautical miles to 12 nau-
(iii) The special maritime and terri- tical miles as measured from the terri-
torial jurisdiction as defined in 18 torial sea baseline.
U.S.C. 7. (b) For all other purposes, contiguous
(iv) Interpreting international law. zone means all waters within the area
(v) Any other treaty, statute, or reg- adjacent to and seaward of the terri-
ulation, or amendment thereto, inter- torial sea, as defined in 2.22(a), and ex-
preted by the Coast Guard as incor- tending to 24 nautical miles from the
porating the definition of territorial territorial sea baseline, but in no case
sea as being 12 nautical miles wide, ad- extending within the territorial sea of
31
another nation, as declared in Presi- States and other nations, as well as

dential Proclamation 7219 of Sep- those waters that are seaward of terri-
tember 2, 1999 (113 Stat. 2138). torial seas of the United States and
other nations.
2.30 Exclusive Economic Zone. (d) Under customary international
(a) With respect to the United States, law as reflected in the 1982 United Na-
including the Commonwealth of Puerto tions Convention on the Law of the Sea
Rico, the Commonwealth of the North- and without prejudice to high seas free-
ern Mariana Islands, Guam, American doms that may be exercised within ex-
Samoa, the United States Virgin Is- clusive economic zones pursuant to ar-
lands, and any other territory or pos- ticle 58 of the United Nations Conven-
session over which the United States tion on the Law of the Sea, and unless
exercises sovereignty, exclusive eco- the context clearly requires otherwise
nomic zone means the zone seaward of (e.g., The International Convention Re-
and adjacent to the territorial sea, as lating to Intervention on the High Seas
defined in 2.22(a), including the con- in Cases of Oil Pollution Casualties,
tiguous zone, and extending 200 nau- 1969, including annexes thereto), high
tical miles from the territorial sea seas means all waters that are not the
baseline (except where otherwise lim- exclusive economic zone (as defined in
ited by treaty or other agreement rec- 2.30), territorial sea (as defined in
ognized by the United States) in which 2.22), or internal waters of the United
the United States has the sovereign States or any other nation.
rights and jurisdiction and all nations
have the high seas freedoms mentioned [USCG20019044, 68 FR 42598, July 18, 2003, as
in Presidential Proclamation 5030 of amended by USCG200727887, 72 FR 45902,
March 10, 1983. Aug. 16, 2007]
(b) Under customary international
law as reflected in Article 55 of the 1982 2.34 Waters subject to tidal influence;
waters subject to the ebb and flow
United Nations Convention on the Law of the tide; mean high water.
of the Sea, and with respect to other
nations, exclusive economic zone means (a) Waters subject to tidal influence and
the waters seaward of and adjacent to waters subject to the ebb and flow of the
the territorial sea, not extending be- tide are waters below mean high water.
yond 200 nautical miles from the terri- These terms do not include waters
torial sea baseline, as recognized by above mean high water caused by flood
the United States. flows, storms, high winds, seismic
waves, or other non-lunar phenomena.
[USCG20019044, 68 FR 42598, July 18, 2003, as
(b) Mean high water is the average of
June 21, 2012] the height of the diurnal high water at
a particular location measured over a
2.32 High seas. lunar cycle of 19 years.
(a) For purposes of special maritime
2.36 Navigable waters of the United
and territorial jurisdiction of the States, navigable waters, and terri-
United States as defined in 18 U.S.C. 7, torial waters.
high seas means all waters seaward of
the territorial sea baseline. (a) Except as provided in paragraph
(b) For the purposes of section 2 of (b) of this section, navigable waters of
the Act of February 19, 1895, as amend- the United States, navigable waters, and
ed (33 U.S.C. 151) and the Inland Navi- territorial waters mean, except where
gational Rules Act of 1980 (33 U.S.C. Congress has designated them not to be
Chapter 34), high seas means the waters navigable waters of the United States:
seaward of any lines established under (1) Territorial seas of the United
these statutes, including the lines de- States;
scribed in part 80 of this chapter and 46 (2) Internal waters of the United
CFR part 7. States that are subject to tidal influ-
(c) For the purposes of 14 U.S.C. 89(a), ence; and
14 U.S.C. 86, 33 U.S.C. 409, and 33 U.S.C. (3) Internal waters of the United
1471 et seq., high seas includes the exclu- States not subject to tidal influence
sive economic zones of the United that:
32
Coast Guard, DHS Pt. 3
(i) Are or have been used, or are or Subpart CAvailability of

have been susceptible for use, by them- Jurisdictional Decisions
selves or in connection with other wa-
ters, as highways for substantial inter- 2.40 Maintenance of decisions.
state or foreign commerce, notwith-
(a) From time to time, the Coast
standing natural or man-made obstruc-
Guard makes navigability determina-
tions that require portage, or tions of specific waterways, or portions
(ii) A governmental or non-govern- thereof, in order to determine its juris-
mental body, having expertise in wa- diction on those waterways. Copies of
terway improvement, determines to be these determinations are maintained
capable of improvement at a reason- by the District Commander in whose
able cost (a favorable balance between district the waterway is located.
cost and need) to provide, by them- (b) If the district includes portions of
selves or in connection with other wa- the territorial sea, charts reflecting
ters, as highways for substantial inter- Coast Guard decisions as to the loca-
state or foreign commerce. tion of the territorial sea baseline for
(b) Navigable waters of the United the purposes of Coast Guard jurisdic-
States and navigable waters, as used in tion are maintained by the District
sections 311 and 312 of the Federal Commander in whose district the por-
Water Pollution Control Act, as tion of the territorial sea is located.
amended, 33 U.S.C. 1321 and 1322, mean:
(1) Navigable waters of the United 2.45 Decisions subject to change or
States as defined in paragraph (a) of modification and availability of lists
and charts.
this section and all waters within the
United States tributary thereto; and The determinations referred to in
(2) Other waters over which the Fed- 2.40 are subject to change or modifica-
eral Government may exercise Con- tion. The determinations are made for
stitutional authority. Coast Guard use at the request of Coast
Guard officials. Determinations made
2.38 Waters subject to the jurisdic- or subsequently changed are available
tion of the United States; waters to the public under 1.105(b) of this
over which the United States has chapter. Inquiries concerning whether
jurisdiction. a determination has been made for spe-
Waters subject to the jurisdiction of the cific waters, for the purposes of Coast
United States and waters over which the Guard jurisdiction, should be directed
United States has jurisdiction mean the to the District Commander of the dis-
following waters trict in which the waters are located.
(a) Navigable waters of the United
States, as defined in 2.36(a). PART 3COAST GUARD AREAS,
(b) Waters, other than those under DISTRICTS, SECTORS, MARINE IN-
paragraph (a) of this section, that are SPECTION ZONES, AND CAPTAIN
located on lands for which the United OF THE PORT ZONES
States has acquired title or controls
and Subpart 3.01General Provisions
(1) Has accepted jurisdiction accord-
Sec.
ing to 40 U.S.C. 255; or
3.011 General description.
(2) Has retained concurrent or exclu- 3.015 Assignment of functions.
sive jurisdiction from the date that the
State in which the lands are located Subpart 3.04Coast Guard Areas
entered the Union.
(c) Waters made subject to the juris- 3.041 Atlantic Area.
diction of the United States by oper- 3.043 Pacific Area.
ation of the international agreements
Subpart 3.05First Coast Guard District
and statutes relating to the former
Trust Territory of the Pacific Islands, 3.051 First district.
and waters within the territories and 3.0510 Sector Boston Marine Inspection
possessions of the United States. Zone and Captain of the Port Zone.
33
Pt. 3 33 CFR Ch. I (7112 Edition)
3.0515 Sector Northern New England Ma- Subpart 3.45Ninth Coast Guard District
rine Inspection Zone and Captain of the
Port Zone. 3.451 Ninth district.
3.0520 Sector Southeastern New England 3.4510 Sector Buffalo Marine Inspection
Marine Inspection Zone and Captain of Zone and Captain of the Port Zone.
the Port Zone. 3.4515 Sector Lake Michigan Marine In-
3.0530 Sector New York Marine Inspection spection Zone and Captain of the Port
Zone and Captain of the Port Zone. Zone.
3.0535 Sector Long Island Sound Marine In- 3.4520 Sector Detroit Marine Inspection
spection Zone and Captain of the Port Zone and Captain of the Port Zone.
Zone. 3.4545 Sector Sault Ste. Marie Marine In-
spection Zone and Captain of the Port
Subpart 3.25Fifth Coast Guard District Zone; Marine Safety Unit Duluth.
3.251 Fifth district.
Subpart 3.55Eleventh Coast Guard
3.2505 Sector Delaware Bay Marine Inspec-
tion Zone and Captain of the Port Zone. District
3.2510 Sector Hampton Roads Marine In- 3.551 Eleventh district.
3.5510 Sector Los Angeles-Long Beach Ma-
Zone.
rine Inspection Zone and Captain of the
3.2515 Sector Baltimore Marine Inspection
Port Zone.
Zone and Captain of the Port Zone.
3.5515 Sector San Diego Marine Inspection
3.2520 Sector North Carolina Marine In-
Zone. 3.5520 Sector San Francisco: San Francisco
Bay Marine Inspection Zone and Captain
Subpart 3.35Seventh Coast Guard District of the Port Zone.
3.351 Seventh district. Subpart 3.65Thirteenth Coast Guard

3.3510 Sector Miami Marine Inspection District
3.3515 Sector Charleston Marine Inspection 3.651 Thirteenth district.
Zone and Captain of the Port Zone; Ma- 3.6510 Sector Puget Sound Marine Inspec-
rine Safety Unit Savannah. tion Zone and Captain of the Port Zone.
3.3520 Sector Jacksonville Marine Inspec- 3.6515 Sector Columbia River Marine In-
tion Zone and Captain of the Port Zone. spection Zone and Captain of the Port
3.3525 Sector San Juan Marine Inspection Zone.
3.3535 Sector St. Petersburg Marine Inspec- Subpart 3.70Fourteenth Coast Guard
tion Zone and Captain of the Port Zone. District
3.3540 Sector Key West Marine Inspection
Zone and Captain of the Port Zone. 3.701 Fourteenth district.
3.7010 Sector Honolulu Marine Inspection
Subpart 3.40Eighth Coast Guard District Zone and Captain of the Port Zone.
3.7015 Sector Guam Marine Inspection
3.401 Eighth district. Zone and Captain of the Port Zone.
3.4010 Sector Mobile Marine Inspection 3.7020 Activities Far East Marine Inspec-
Zone and Captain of the Port Zone. tion Zone.
3.4015 Sector New Orleans Marine Inspec-
tion Zone and Captain of the Port Zone; Subpart 3.85Seventeenth Coast Guard
Marine Safety Unit Morgan City. District
3.4028 Sector Houston-Galveston Marine
Inspection Zone and Captain of the Port 3.851 Seventeenth district.
Zone; Marine Safety Unit Port Arthur. 3.8510 Sector Juneau: Southeast Alaska
3.4035 Sector Corpus Christi Marine Inspec- Marine Inspection Zone and Captain of
tion Zone and Captain of the Port Zone. the Port Zones.
3.4040 Sector Upper Mississippi River Ma- 3.8515 Sector Anchorage: Western Alaska
rine Inspection Zone and Captain of the Marine Inspection Zone and Captain of
Port Zone. the Port Zones; Marine Safety Unit
3.4060 Sector Lower Mississippi River Ma- Valdez: Prince William Sound Marine In-
rine Inspection Zone and Captain of the spection and Captain of the Port Zones.
Port Zone.
3.4065 Sector Ohio Valley Marine Inspec- AUTHORITY: 14 U.S.C. 92; Pub. L. 107296, 116
tion Zone and Captain of the Port Zone; Stat. 2135; Department of Homeland Security
Marine Safety Unit Pittsburgh. Delegation No. 0170.1, para. 2(23).
34
Subpart 3.01General Provisions mander is responsible for all Coast

Guard missions within the sectors
3.011 General description. area of responsibility. The Sector Com-
(a) The Coast Guards general organi- manders authorities include Search
zation for the performance of its as- and Rescue Mission Coordinator, Fed-
signed functions and duties consists of eral Maritime Security Coordinator,
the Commandant, assisted by the Head- Federal On-Scene Coordinator, and, in
quarters staff, two Area Offices to act most Sectors, Officer in Charge Marine
as intermediate echelons of operational Inspection (OCMI) and Captain of the
command, and District and Sector Of- Port (COTP). In his or her capacities as
fices to provide regional direction and OCMI and COTP, the Sector Com-
coordination. Area, District, and Sec- mander is responsible for a Marine In-
tor offices operate within defined geo- spection Zone and COTP Zone.
graphical areas of the United States, (2) In some Sectors, a Marine Safety
its territories, and possessions, includ- Unit (MSU) retains OCMI and COTP
ing portions of the high seas adjacent authority over a designated portion of
thereto. They are established by the the Sectors area of responsibility. In
Commandant and their areas of respon- such cases, OCMI and COTP authority
sibility are described in this part. is exercised by the MSU Commander,
(b)(1) The two Coast Guard Areas are not the Sector Commander. The appeal
the Atlantic Area and the Pacific Area. of a COTP order or OCMI matter is
A Coast Guard Area Commander is in routed from the MSU Commander
command of a Coast Guard Area. The through the Sector Commander and
Atlantic Area Office is collocated with then to the District Commander.
the Fifth Coast Guard District Office. (e) An OCMI is in command of a Ma-
The Pacific Area Office is collocated rine Inspection Zone and his or her of-
with the Eleventh Coast Guard District fice may be referred to as a Coast
Office. Area Commanders are respon- Guard Marine Inspection Office. The
sible for determining when operational OCMIs duties are described in 1.0120
matters require the coordination of of this subchapter.
forces and facilities of more than one (f) A COTP is in command of a COTP
district. Zone and his or her office may be re-
(2) For search and rescue (SAR) mis- ferred to as a COTP Office. The COTPs
sion execution in the Atlantic Area, duties are described in 1.0130 of this
Districts may execute SAR missions to subchapter.
the full extent of the Areas Search and (g) Each COTP Zone and each Marine
Rescue Region (SRR). Under this plan, Inspection Zone described in this part
Districts in the Atlantic Area will as- also includes the United States terri-
sume SAR Coordinator responsibilities torial seas adjacent to the described
and will act as SAR Mission Coordi- area or zone for the purpose of enforc-
nator for any case prosecuted within ing or acting pursuant to a statute ef-
their expanded regions. The exact co- fective in the United States territorial
ordinates of Atlantic Areas SRR can seas. Each COTP Zone and each Marine
be found in the United States National Inspection Zone described in this part
Search and Rescue Supplement to the also includes the contiguous zone adja-
International Aeronautical and Mari- cent to the area or zone for the purpose
time Search and Rescue Manual. of enforcing or acting pursuant to a
(c) A Coast Guard District Com- statute effective in the contiguous
mander is in command of a Coast zone, as defined in 2.28 of this sub-
Guard District and the District Com- chapter. Each COTP Zone and each Ma-
manders office may be referred to as a rine Inspection Zone described in this
Coast Guard District Office. The Dis- part also includes the exclusive eco-
trict Commanders duties are described nomic zone (EEZ) adjacent to the area
in 1.011 of this subchapter. for the purpose of enforcing or acting
(d)(1) A Coast Guard Sector Com- pursuant to a statute effective in the
mander is in command of a Coast EEZ, as defined in 2.30 of this sub-
Guard Sector and the Sector Com- chapter.
manders office is referred to as a Coast (h) Geographic descriptions used in
Guard Sector Office. The Sector Com- this part are based upon boundaries
35
3.015 33 CFR Ch. I (7112 Edition)
and points located using the WGS 1984 south along 95 W. longitude to the
world grid system. When referenced, North American land mass; thence
the outermost extent of the U.S. EEZ along the east coast of the North, Cen-
is the line of demarcation produced by tral, and South American land mass to
the National Oceanic and Atmospheric the intersection with 70 W. longitude;
Administration (NOAA) using the NAD thence due south to the South Pole.
1983 coordinate system and projected to These waters extend east to the East-
the WGS 1984 grid system. Both coordi- ern Hemisphere dividing line between
nate systems are geocentric and simi- the Atlantic and Pacific Areas which
lar such that they are Global Posi- lies along a line extending from the
tioning System (GPS) compatible North Pole south along 100 E. lon-
throughout the area of concern. Reso- gitude to the Asian land mass and
lution is based upon ddmmss readings along a line extending from the South
to tenths of a second. This corresponds Pole north along 17 E. longitude to the
to a positional precision of about 2 African land mass.
meters. Decimal degrees to 5 decimal [CGFR 70150, 36 FR 910, Jan. 20, 1971, as
places correspond to a positional preci- amended by CGD 87008, 52 FR 13083, Apr. 21,
sion of about 1 meter. State bound- 1987; CGD 96025, 61 FR 29959, June 13, 1996]
aries used to determine points for de-
scriptions of jurisdictional limits were 3.043 Pacific Area.
based upon the National Transpor- (a) The Area Office is in Alameda,
tation Atlas Database 2003 produced by CA.
the Bureau of Transportation Statis- (b) The Pacific Area is comprised of
tics. This data set was produced at a the land areas and the U.S. navigable
scale of 1:100,000 and theoretically re- waters of the Eleventh, Thirteenth,
sults in a nationwide locational accu- Fourteenth, and Seventeenth Coast
racy of about 50 meters of true posi- Guard Districts and the ocean areas
tion. lying west of a line extending from the
[USCG200625556, 72 FR 36318, July 2, 2007, as North Pole south along 95 W. lon-
amended by USCG20100351, 75 FR 36277, gitude to the North American land
June 25, 2010] mass; thence along the west coast of
the North, Central, and South Amer-
3.015 Assignment of functions. ican land mass to the intersection with
Section 888 of Pub. L. 107296, 116 70 W. longitude; thence due south to
Stat. 2135, authorizes the Commandant the South Pole. These waters extend
of the Coast Guard to exercise certain west to the Eastern Hemisphere divid-
functions, powers, and duties vested in ing line between the Atlantic and Pa-
the Secretary of Homeland Security by cific Areas which lies along a line ex-
law. The general statements of policy tending from the North Pole south
in the rules describing Coast Guard or- along 100 E. longitude to the Asian
ganization are prescribed pursuant to 5 land mass and along a line extending
U.S.C. 552 (80 Stat. 383, as amended) from the South Pole north along 17 E.
and 14 U.S.C. 633 (63 Stat. 545). longitude to the African land mass.
[CGFR 70150, 36 FR 910, Jan. 20, 1971, as [CGFR 70150, 36 FR 910, Jan. 20, 1971, as
amended by USCG200314505, 68 FR 9534, amended by CGD 87008, 52 FR 13084, Apr. 21,
Feb. 28, 2003] 1987; CGD 96025, 61 FR 29959, June 13, 1996]
Subpart 3.04Coast Guard Areas Subpart 3.05First Coast Guard

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

Jersey north of 4018 N. latitude, east boundary to the point of origin.
of 7430.5 W. longitude, and northeast [USCG200625556, 72 FR 36319, July 2, 2007]
of a line from 4018 N. 7430.5 W. north-
northwesterly to the New York, New 3.0515 Sector Northern New Eng-
Jersey & Pennsylvania boundaries at land Marine Inspection Zone and
Tristate; all U.S. Naval reservations on Captain of the Port Zone.
shore at Newfoundland; the ocean area Sector Northern New Englands office
encompassed by the Search and Rescue is located in Portland, ME. The bound-
boundary between Canada and the aries of Sector Northern New Englands
United States easterly to longitude 63 Marine Inspection Zone and Captain of
W.; thence due south to latitude 41 N.; the Port Zone start at the boundary of
thence southwesterly along a line bear- the Massachusetts-New Hampshire
ing 219T to the point of intersection at coast at latitude 425220 N, longitude
37 N. latitude, 6713 W. longitude with 704902 W; thence proceeding east to
a line bearing 122T from the New Jer- the outermost extent of the EEZ at a
sey shoreline at 4018 N. latitude (just point latitude 425218 N, longitude
south of the Shrewsbury River); thence 674353 W; thence proceeding north
northwesterly along this line to the along the outermost extent of the EEZ
coast. to the United States-Canadian bound-
[CGFR 6140, 26 FR 10344, Nov. 3, 1961, as ary; thence west along the United
amended by CGD 87008, 52 FR 13084, Apr. 21, States-Canadian boundary and along
1987; CGD 96016, 61 FR 21958, May 13, 1996] the outermost extent of the EEZ to a
point at latitude 445958 N, longitude
3.0510 Sector Boston Marine Inspec- 743900 W; thence south to latitude
tion Zone and Captain of the Port 433600 N, longitude 743900 W; thence
Zone. east through Whitehall, NY, to the New
Sector Bostons office is located in York-Vermont border at latitude
Boston, MA. The boundaries of Sector 43332.8 N, longitude 731501 W;
Bostons Marine Inspection Zone and thence south along the Vermont
Captain of the Port Zone start at the boundary to the Massachusetts bound-
boundary of the Massachusetts-New ary at latitude 424445 N, longitude
Hampshire coasts at latitude 425220 731554 W; thence east along the entire
N, long 704902 W; thence proceeding extent of the northern Massachusetts
east to the outermost extent of the boundary to the point of origin.
EEZ at a point latitude 425218 N, lon- [USCG200625556, 72 FR 36319, July 2, 2007]
gitude 674353 W; thence southeast
along the outermost extent of the EEZ 3.0520 Sector Southeastern New
to a point at latitude 420800 N, lon- England Marine Inspection Zone
gitude 670817 W; thence west to a and Captain of the Port Zone.
point at latitude 420800 N, longitude Sector Southeastern New Englands
701500 W; thence southwest to the office is located in Providence, RI. The
Massachusetts coast near Manomet boundaries of Sector Southeastern New
Point at latitude 415500 N, longitude Englands Marine Inspection Zone and
703300 W; thence northwest to lati- Captain of the Port Zone start on the
tude 420400 N, longitude 710600 W; Massachusetts coast at Manomet Point
thence to the Massachusetts-Rhode Is- at latitude 415500 N, longitude
land boundary at a point latitude 703300 W; thence northeast to lati-
420108 N, longitude 712253 W; thence tude 420800 N, longitude 701500 W;
west along the southern boundary of thence east to the outermost extent of
Massachusetts, except the waters of the EEZ at latitude 420800 N, lon-
Congamond Lakes, to the Massachu- gitude 670817 W; thence south along
setts-New York boundary at latitude the outermost extent of the EEZ to
420259 N, longitude 732949 W; thence latitude 382445 N, longitude 674126
north along the Massachusetts-New W; thence northwest to a point near
York boundary to the Massachusetts- Watch Hill Light, RI, at latitude
New York-Vermont boundaries at a 411814 N, longitude 715130 W; thence
point latitude 424445 N, longitude northeast to Westerly, RI, at latitude
731554 W; thence east along the entire 412100 N, longitude 714830 W; thence
37
3.0530 33 CFR Ch. I (7112 Edition)
north to latitude 412500 N, longitude Marine Inspection Zone and Captain of

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

bury River), thence westward to 4018 the Maryland-Delaware boundary at
N. latitude, 7430.5 W. longitude, latitude 394322 N, longitude 754717
thence north-northwesterly to the W; thence south along the Maryland-
junction of the New York, New Jersey, Delaware boundary to latitude 382737
and Pennsylvania boundaries at Tri- N, longitude 754135 W and east along
state; and the ocean area encompassed the Maryland-Delaware boundary to
by a line bearing 122T from the coastal and including Fenwick Island Light at
end of the First and Fifth Districts latitude 382703 N, longitude 750255
land boundary at the intersection of W. The offshore boundary starts at
the New Jersey shoreline and 4018 N. Fenwick Island Light and proceeds east
latitude (just south of the Shrewsbury to a point at latitude 382625 N, lon-
River) to the southernmost point in gitude 742646 W; thence southeast to
the First Coast Guard District (a point latitude 371914 N, longitude 721313
located at approximately 37 N. lati- W; thence east to the outermost extent
tude, 6713 W. longitude); thence along of the EEZ at latitude 371914 N, lon-
a line bearing 219T to the point of gitude 710254 W; thence northeast
intersection with the ocean boundary along the outermost extent of the EEZ
between the Fifth and Seventh Coast to latitude 375650 N, longitude
Guard Districts, which is defined as a 691815 W; thence northwest to lati-
line bearing 122T from the coastal end tude 382800 N, longitude 701100 W;
of the Fifth and Seventh Districts land thence northwest to a point near the
boundary at the shoreline at the North New Jersey coast at latitude 401800
Carolina-South Carolina border, point N, longitude 735840 W.
located at approximately 3055 N. 73 [USCG200625556, 72 FR 36320, July 2, 2007]
W.; thence northwesterly along this
line to the coast. 3.2510 Sector Hampton Roads Ma-
rine Inspection Zone and Captain of
[CGFR 6140, 26 FR 10347, Nov. 3, 1961, as the Port Zone.
amended by CGD 87008, 52 FR 13084, Apr. 21,
1987; 52 FR 16480, May 5, 1987; CGD 87008b, 52 Sector Hampton Roads office is lo-
FR 25217, July 6, 1987; CGD 96016, 61 FR cated in Portsmouth, VA. The bound-
21959, May 13, 1996] aries of Sector Hampton Roads Marine
Inspection Zone and Captain of the
3.2505 Sector Delaware Bay Marine Port Zone start at a point on the Dela-
Inspection Zone and Captain of the ware-Maryland boundary at latitude
Port Zone. 380018 N, longitude 753000 W and
Sector Delaware Bays office is lo- proceeds north to the Delaware-Mary-
cated in Philadelphia, PA. The bound- land boundary at latitude 382715 N,
aries of Sector Delaware Bays Marine longitude 753000 W; thence east along
Inspection Zone and Captain of the the Delaware-Maryland boundary to
Port Zone start near the New Jersey the intersection of the Maryland-Dela-
coast at latitude 401800 N, longitude ware boundary and the coast at lati-
735840 W, proceeding west to latitude tude 382703 N, longitude 750255 W
401800 N, longitude 743030 W, thence thence east to a point at latitude
north-northwest to the junction of the 382625 N, longitude 742646 W; thence
New York, New Jersey, and Pennsyl- southeast to latitude 371914 N, lon-
vania boundaries near Tristate at lati- gitude 721313 W; thence east to the
tude 412127 N, longitude 744142 W; outermost extent of the EEZ at lati-
thence northwest along the east bank tude 371914 N, longitude 710254 W;
of the Delaware River to latitude thence south along the outermost ex-
420000 N, longitude 752128 W; thence tent of the EEZ to a point latitude
west along the New York-Pennsylvania 363300 N, longitude 712934 W; thence
boundary to latitude 420000 N, lon- west along latitude 363300 N to the
gitude 785458 W; thence south to lati- Virginia-North Carolina boundary at
tude 410000 N, longitude 785458 W; latitude 363300 N, longitude 755200
thence west to latitude 410000 N, lon- W; thence west along the Virginia-
gitude 790000 W; thence south to the North Carolina boundary to the inter-
Pennsylvania-Maryland boundary at section of Virginia-North Carolina-
latitude 394322 N, longitude 790000 Tennessee; thence along the Virginia-
39
3.2515 33 CFR Ch. I (7112 Edition)
Tennessee boundary to the intersection gitude 773152 W; thence east along

of Virginia-Tennessee-Kentucky; the Prince William County, VA bound-
thence northeast along the Virginia- ary to a point near the western bank of
Kentucky boundary to the intersection the Potomac River at latitude 383011
of Virginia-Kentucky-West Virginia; N, longitude 771801 W; thence south
thence northeast along the Virginia- and east along the southern bank of
West Virginia boundary to the inter- the Potomac River to the Maryland-
section of the Virginia-West Virginia- Virginia boundary at a point latitude
Maryland boundary; thence southeast 375325 N, longitude 761412 W; thence
along the Virginia-Maryland and Vir-
east along the Maryland-Virginia
ginia-District of Columbia boundaries
as those boundaries are formed along boundary as it proceeds across the
the southern bank of the Potomac Chesapeake Bay, Tangier and
River to the Chesapeake Bay; thence Pocomoke Sounds, Pocomoke River,
east along the Virginia-Maryland and Delmarva Peninsula to a point on
boundary as it proceeds across the the Maryland-Virginia boundary near
Chesapeake Bay, Tangier and the Atlantic coast at latitude 380018
Pocomoke Sounds, Pocomoke River, N, longitude 753000 W; thence north
and Delmarva Peninsula; thence east to the Delaware-Maryland boundary at
along the Virginia-Maryland boundary the point of origin.
to the point of origin.
[USCG200625556, 72 FR 36320, July 2, 2007]
[USCG200625556, 72 FR 36320, July 2, 2007]
3.2520 Sector North Carolina Ma-
3.2515 Sector Baltimore Marine In- rine Inspection Zone and Captain of
spection Zone and Captain of the the Port Zone.
Port Zone.
Sector North Carolinas office is lo-
Sector Baltimores office is located
cated in Wilmington, NC. The bound-
in Baltimore, MD. The boundaries of
Sector Baltimores Marine Inspection ary of Sector North Carolinas Marine
Zone and Captain of the Port Zone Inspection Zone and Captain of the
start at a point latitude 382715 N, lon- Port Zone starts at the sea on the
gitude 753000 W. on the Delaware- North Carolina-Virginia border at 36
Maryland boundary, proceeding along deg 33.04 min N. latitude, 75 deg 52.05
the Delaware-Maryland boundary west min W. longitude, and proceeds west-
to a point at latitude 382737 N, lon- erly along the North Carolina-Virginia
gitude 754135 W and north to the boundary to the Tennessee boundary;
Pennsylvania boundary at a point lati- thence southwesterly along the North
tude 394322 N, longitude 754717 W; Carolina-Tennessee boundary to the
thence west along the Pennsylvania- Georgia boundary and then to the
Maryland boundary to the West Vir- South Carolina boundary; thence eas-
ginia boundary at a point latitude terly along the North Carolina-South
394316 N, longitude 792836 W; thence Carolina boundary on the sea at 33 deg
south and east along the Maryland- 51.06 min N. latitude, 78 deg 32.46 min
West Virginia boundary to the inter- W. longitude. The offshore boundary
section of the Maryland-Virginia-West starts at the North Carolina-South
Virginia boundaries at a point latitude Carolina border and proceeds south-
391917 N, longitude 774308 W; thence easterly to the outermost extent of the
southwest along the Loudoun County, EEZ at 31 deg 42.1 min N. latitude, 74
VA boundary to the intersection with
deg 30.75 min W. longitude; thence
Fauquier County, VA at a point lati-
northeasterly along the outermost ex-
tude 390050 N, longitude 775743 W;
thence east along the Loudoun County, tent of the Exclusive Economic Zone to
VA boundary to the intersection with a point at 36 deg 32.99 min N. latitude,
the Prince William County, VA bound- 71 deg 29.56 min W. longitude; thence
ary at a point latitude 385634 N, lon- west to the North Carolina-Virginia
gitude 773918 W; thence south along border at a point 36 deg 33.04 min N.
the Prince William County boundary to latitude, 75 deg 52.05 min W. longitude.
the intersection with Stafford County, [USCG20110368, 76 FR 26605, May 9, 2011]
VA, at a point latitude 383322 N, lon-
40
Subpart 3.35Seventh Coast Miamis Marine Inspection Zone and

Guard District Captain of the Port Zone start at the
outermost extent of the EEZ at lati-
3.351 Seventh district. tude 280000 N, longitude 792334 W,
(a) The District Office is in Miami, proceeding west to latitude 280000 N,
Fla. longitude 813000 W; thence south to
(b) The Seventh Coast Guard District the northern boundary of Collier Coun-
is comprised of the states of South ty, FL, at longitude 813000 W; thence
Carolina, Georgia and Florida, except following along the boundaries of Col-
for that part of Georgia and Florida lier County east along the northern
west of a line from the intersection of boundary to the eastern boundary and
the Florida coast with Longitude 8350 then south along the eastern boundary
W. (3000 N., 8350 W.) due north to a to the southern boundary of Collier
position 3015 N., 8350W.; thence due County; thence south along the west-
west to a position 3015 N., 8445 W.; ern boundary of Miami-Dade County to
thence due north to the intersection the sea at latitude 251036 N, lon-
with the south shore of the Jim Wood- gitude 805129 W; thence east along
ruff Reservoir; thence along the east the southern boundary of Miami-Dade
bank of the Jim Woodruff Reservoir County to latitude 252452 N, lon-
and the east bank of the Flint River up gitude 801939 W; thence southeast to
stream to Montezuma, GA, thence the outermost extent of the EEZ at
northwesterly to West Point, GA. Also latitude 251134 N, longitude 794131
included is the Panama Canal Zone, all W; thence north along the outermost
the island possessions of the United extent of the EEZ to the point of ori-
States pertaining to Puerto Rico and gin.
the U.S. Virgin Islands; and the U.S. [USCG200625556, 72 FR 36321, July 2, 2007]
Naval reservations in the islands of the
West Indies and on the north coast of 3.3515 Sector Charleston Marine In-
South America. The ocean areas are spection Zone and Captain of the
those portions of the western North At- Port Zone; Marine Safety Unit Sa-
lantic, Caribbean Sea, Gulf of Mexico vannah.
and the Straits of Florida areas encom- Sector Charlestons office is located
passed by a line originating at the in Charleston, SC. A subordinate unit,
state boundary between North Carolina Marine Safety Unit (MSU) Savannah,
and South Carolina, and extending is located in Savannah, GA.
southeasterly through 3057 N., 7306 (a) Sector Charlestons Marine In-
W. and 2900 N., 6919 W. to 1200 N., spection Zone and Captain of the Port
4300 W.; thence southwesterly to 1000 Zone start at the intersection of the
N., 4800 W.; thence westerly to 0920 North Carolina-South Carolina bound-
N., 5700 W.; thence due west to the aries and the sea at latitude 335104 N,
coastline of South America; thence longitude 783228 W, proceeding west
westerly and northerly along the north along the North Carolina-South Caro-
coast of South America, and the east- lina boundary to the intersection of
ern coasts of Central America and Mex- the North Carolina-South Carolina-
ico to the Yucatan Peninsula at 2125 Georgia boundaries; thence south along
N., 8711 W.; thence along a line 019 T the South Carolina-Georgia boundary
to the intersection of longitude 8350 to the intersection with the Federal
W. and the western coastline of Florida dam at the southern end of Hartwell
(3000 N., 8350 W.). Reservoir at latitude 342130 N, lon-
gitude 824915 W; thence south along
[CGFR 6140, 26 FR 10348, Nov. 3, 1961, as
amended by CGFR 70150, 36 FR 911, Jan. 20, the eastern bank and then east along
1971; USCG19995832, 64 FR 34711, June 29, the northern bank of the Savannah
1999] River to the sea at latitude 320223 N,
longitude 805306 W, near the eastern
3.3510 Sector Miami Marine Inspec- tip of Oyster Bed Island; thence east on
tion Zone and Captain of the Port a line bearing 084 T to latitude
Zone. 320300 N, longitude 804500 W; thence
Sector Miamis office is located in southeast on a line bearing 122 T to
Miami, FL. The boundaries of Sector latitude 305000 N, longitude 783500
41
3.3520 33 CFR Ch. I (7112 Edition)
W; thence east to the outermost extent aries of Sector Jacksonvilles Marine

of the EEZ at latitude 305000 N, lon- Inspection Zone and Captain of the
gitude 760954 W; thence northeast Port Zone start at the outermost ex-
along the outermost extent of the EEZ tent of the EEZ at latitude 305000 N,
to latitude 314232 N, longitude longitude 760954 W, proceeding west
742953 W; thence northwest to the to latitude 305000 N, longitude
point of origin; and in addition, all the 821500 W; thence south to the inter-
area described in paragraph (b) of this section of the Florida-Georgia bound-
section. ary at longitude 821500 W; thence
(b) The boundaries of the MSU Sa- west along the Florida-Georgia bound-
vannah Marine Inspection and Captain ary to longitude 830000 W; thence
of the Port Zones start near the east- southeast to latitude 280000 N,
ern tip of Oyster Bed Island at latitude 813000 W; thence east to the outer-
320223 N, longitude 805306 W, pro- most extent of the EEZ at latitude
ceeding west along the northern bank 280000 N, longitude 792334 W; thence
and then north along the eastern bank northeast along the outermost extent
of the Savannah River to the intersec- of the EEZ to the point of origin.
tion of the South Carolina-Georgia [USCG200625556, 72 FR 36322, July 2, 2007]
boundary with the Federal dam at the
southern end of Hartwell Reservoir, at 3.3525 Sector San Juan Marine In-
latitude 342130 N, longitude 824915 spection Zone and Captain of the
W; thence north along the South Caro- Port Zone.
lina-Georgia boundary to the intersec- Sector San Juans office is located in
tion of the North Carolina-South Caro- San Juan, PR. The boundaries of Sec-
lina-Georgia boundaries; thence west tor San Juans Marine Inspection Zone
along the Georgia-North Carolina and Captain of the Port Zone comprise
boundary and continuing west along both the Commonwealth of Puerto
the Georgia-Tennessee boundary to the Rico and the Territory of the Virgin Is-
intersection of the Georgia-Tennessee- lands, and the waters adjacent to both,
Alabama boundaries; thence south in an area enclosed by the outermost
along the Georgia-Alabama boundary extents of the EEZ, subject to existing
to latitude 325300 N; thence southeast laws and regulations.
to the eastern bank of the Flint River
at latitude 322000 N; thence south [USCG200625556, 72 FR 36322, July 2, 2007]
along the eastern bank of the Flint 3.3535 Sector St. Petersburg Marine
River and continuing south along the Inspection Zone and Captain of the
eastern shore of Seminole Lake to lati- Port Zone.
Sector St. Petersburgs sector office
thence south along longitude 844500
is located in St. Petersburg, FL. The
W to the Florida boundary; thence east
boundaries of Sector St. Petersburgs
along the Florida-Georgia boundary to Marine Inspection Zone and Captain of
longitude 821500 W; thence north to the Port Zone start at the Florida
latitude 305000 N, longitude 821500 coast at latitude 295914 N, longitude
W; thence east to the outermost extent 835000 W, proceeding north to lati-
of the EEZ at latitude 305000 N, lon- tude 301500 N, longitude 835000 W;
gitude 760954 W; thence northwest to thence west to latitude 301500 N, lon-
latitude 320306 N, longitude 804500 gitude 844500 W; thence north to the
W; thence southwest to the point of or- Florida-Georgia boundary at longitude
igin. The boundary includes all the wa- 844500 W; thence east along the Flor-
ters of the Savannah River including ida-Georgia boundary to longitude
adjacent waterfront facilities in South 830000 W; thence southeast to lati-
Carolina. tude 280000 N, longitude 813000 W;
[USCG200625556, 72 FR 36321, July 2, 2007] thence south along 813000 W to the
northern boundary of Collier County,
3.3520 Sector Jacksonville Marine FL, and then following along the
Inspection Zone and Captain of the boundaries of Collier County, east
Port Zone. along the northern boundary to the
Sector Jacksonvilles office is lo- eastern boundary and then south along
cated in Jacksonville, FL. The bound- the eastern boundary to the southern
42
boundary and then west along the 90 W. longitude; that part of Wisconsin
southern boundary to latitude 254812 south of 4620 N. latitude and west of
N, longitude 812039 W; thence south- 90 W. longitude; that part of Min-
west to the outermost extent of the nesota south of 4620 N. latitude; those
EEZ at latitude 241857 N, longitude parts of Florida and Georgia west of a
845048 W; thence west along the outline starting at the Florida coast at
ermost extent of the EEZ to latitude 8350 W. longitude; thence northerly to
244813 N, longitude 855005 W; thence 3015 N. latitude, 8350 W. longitude;
northeast to the point of origin. thence due west to 3015 N. latitude,
[USCG200625556, 72 FR 36322, July 2, 2007] 8445 W. longitude; thence due north to
the southern bank of the Jim Woodruff
3.3540 Sector Key West Marine In- Reservoir at 8445 W. longitude; thence
spection Zone and Captain of the northeasterly along the eastern bank
Port Zone. of the Jim Woodruff Reservoir and
Sector Key Wests office is located in northerly along the eastern bank of the
Key West, FL. The boundaries of Sec- Flint River to Montezuma, GA.; thence
tor Key Wests Marine Inspection Zone northwesterly to West Point, GA.; and
and Captain of the Port Zone start at the Gulf of Mexico area west of a line
the outermost extent of the EEZ at bearing 199 T. from the intersection of
latitude 251134 N, longitude 794131 the Florida coast at 8350 W. longitude
W, proceeding northeast to the Miami- (the coastal end of the Seventh and
Dade County, FL boundary at latitude Eighth Coast Guard District land
252452 N, longitude 801939 W; thence boundary.) [DATUM NAD83]
west along the southern boundary of
[CGFR 6715, 32 FR 5270, Mar. 29, 1967, as
Miami-Dade County to the western
amended by CGD 77167, 43 FR 2372, Jan. 16,
boundary at latitude 251036 N, lon- 1978; CGD 96025, 61 FR 29959, June 13, 1996]
gitude 805129 W; thence north along
the western boundary of Miami-Dade 3.4010 Sector Mobile Marine Inspec-
County to the southern boundary of tion Zone and Captain of the Port
Collier County, FL; thence west along Zone.
the southern boundary of Collier Coun-
Sector Mobiles office is located in
ty to latitude 254812 N, longitude
Mobile, AL. The boundaries of Sector
812039 W; thence southwest to the
Mobiles Marine Inspection Zone and
outermost extent of the EEZ at lati-
Captain of the Port Zone start near the
Florida coast at latitude 295914 N,
thence east and then north along the
longitude 835000 W, proceeding north
outermost extent of the EEZ to the
to latitude 301500 N, longitude
point of origin.
835000 W; thence west to latitude
[USCG200625556, 72 FR 36322, July 2, 2007] 301500 N, longitude 844500 W; thence
north to a point near the southern
Subpart 3.40Eighth Coast Guard bank of the Seminole Lake at latitude
District 304557 N, longitude 844500 W; thence
northeast along the eastern bank of
3.401 Eighth district. the Seminole Lake and north along the
(a) The District Office is in New Orle- eastern bank of the Flint River to lati-
ans, La. tude 322000 N, longitude 840151 W;
(b) The Eighth Coast Guard District thence northwest to the intersection of
is comprised of North Dakota, South the Georgia-Alabama border at lati-
Dakota, Wyoming, Nebraska, Iowa, tude 325300 N; thence north along the
Colorado, Kansas, Missouri, Kentucky, Georgia-Alabama border to the south-
West Virginia, Tennessee, Arkansas, ern boundary of Dekalb County, AL,
Oklahoma, New Mexico, Texas, Lou- thence west along the northern bound-
isiana, Mississippi, and Alabama; that aries of Cherokee, Etowah, Blount,
part of Pennsylvania south of 41 N. Cullman, Winston, and Marion Coun-
latitude and west of 79 W. longitude; ties, AL, to the Mississippi-Alabama
those parts of Ohio and Indiana south border; thence north along the Mis-
of 41 N. latitude; Illinois, except that sissippi-Alabama border to the south-
part north of 41 N. latitude and east of ern boundary of Tishomingo County,
43
3.4015 33 CFR Ch. I (7112 Edition)
MS, at the Mississippi-Tennessee bor- thence west along latitude 310000 N

der; thence west along the southern to the east bank of the Mississippi
boundaries of Tishomingo and Prentiss River; thence south along the east
Counties; thence north along the west- bank to mile 303.0, thence west to the
ern boundaries of Prentiss and Alcorn west bank at mile 303.0; thence north
Counties; thence west along the north- to the southern boundary of the Old
ern boundaries of Tippah, Benton, and River Lock Structure, thence west
Marshall Counties, MS; thence south along the south bank of the Lower Old
and west along the eastern and south- River, to the intersection with the Red
ern boundaries of DeSoto, Tunica, River; thence west along the south
Coahoma, Bolivar, and Washington bank of the Red River to Rapides Par-
Counties, MS; thence east along the ish, thence south along the western
northern boundary of Humphreys and boundaries of Avoyelles, Evangeline,
Holmes Counties, MS; thence south Acadia and Vermillion Parishes to the
along the eastern and southern bound- intersection of the sea and longitude
aries of Holmes, Yazoo, Warren, Clai- 923700 W; thence south along lon-
borne, Jefferson, Adams, and Wilkinson gitude 923700 W to the outermost ex-
Counties, MS; thence east from the tent of the EEZ; thence east along the
southernmost intersection of outermost extent of the EEZ to lon-
Wilkinson and Amite Counties, MS, to gitude 880000 W; thence north along
the west bank of the Pearl River; longitude 880000 W to latitude
thence south along the west bank of 290000 N; thence northwest to lati-
the Pearl River to longitude 893148 W tude 301000 N, longitude 891000 W;
(at the mouth of the river); thence and in addition, all the area described
south along longitude 893148 W to in paragraph (b) of this section.
latitude 301000 N; thence east along (b) The boundaries of the MSU Mor-
latitude 301000 N to longitude 891000 gan City Marine Inspection and Cap-
W; thence southeast to latitude tain of the Port Zones start at latitude
290000 N, longitude 880000 W; thence 285000 N, longitude 880000 W.;
south along longitude 880000 W to the thence proceeds west to latitude
outermost extent of the EEZ; thence 285000 N., longitude 892706 W.;
east along the outermost extent of the thence northwest to latitude 291800
EEZ to the intersection with a line N, longitude 900000 W; thence north-
bearing 199T from the intersection of west along the northern boundaries of
the Florida coast at longitude 835000 Lafourche, Assumption, Iberia, and St.
W; thence northeast along a line bear- Martin Parishes, Louisiana; thence
ing 199 T from the Florida coast at northwest along the northern boundary
longitude 835000 W to the coast. of Lafayette and Acadia Parishes, Lou-
[USCG200625556, 72 FR 36322, July 2, 2007]
isiana; thence south along the west
boundary of Acadia and Vermillion
3.4015 Sector New Orleans Marine Parishes, Louisiana to the Louisiana
Inspection Zone and Captain of the Coast at longitude 923700 W, thence
Port Zone; Marine Safety Unit Mor- south along longitude 923700 W to the
gan City. outermost extent of the EEZ; thence
Sector New Orleans office is located east along the outermost extent of the
in New Orleans, LA. A subordinate EEZ to longitude 880000 W.; thence
unit, Marine Safety Unit (MSU) Mor- north to latitude 285000 N, longitude
gan City, is located in Morgan City, 880000 W.
LA. [USCG200625556, 72 FR 36322, July 2, 2007]
(a) Sector New Orleans Marine In-
spection Zone and Captain of the Port 3.4028 Sector Houston-Galveston
Zone starts at latitude 301000 N, lon- Marine Inspection Zone and Cap-
gitude 891000 W; thence west along tain of the Port Zone; Marine Safety
latitude 301000 N to longitude 893148 Unit Port Arthur.
W; thence north along longitude Sector Houston-Galvestons office is
893148 W to the west bank of the located in Galena Park, TX. A subordi-
Pearl River (at the mouth of the river); nate unit, Marine Safety Unit (MSU)
thence north along the west bank of Port Arthur, is located in Port Arthur,
the Pearl River to latitude 310000 N; TX.
44
(a) Sector Houston-Galvestons Ma- W; thence north along the eastern and
rine Inspection Zone and Captain of the southern boundaries of Cameron, Jef-
Port Zone start near the intersection ferson Davis, Allen, and Rapides Par-
of the western boundary of Vermillion ishes, Louisiana to the southern bank
Parish, LA, and the sea at latitude of the Red River; thence northwest
293445 N, longitude 923700 W, pro- along the southern bank of the Red
ceeding north along the eastern and River to the northern boundary of Red
southern boundaries of Cameron, Jef- River Parish, Louisiana; thence west
ferson Davis, Allen, and Rapides Par- along the northern boundary of Red
ishes, LA, to the southern bank of the River Parish and Desoto Parish, Lou-
Red River; thence northwest along the isiana to the Louisiana-Texas border;
south bank of the Red River to the thence north along the Louisiana-
northern boundary of Red River Par- Texas border to the Texas-Arkansas
ish, LA; thence west along the north- border at the northern boundary of
ern boundary of Red River Parish and Bowie County, Texas; thence north
DeSoto Parish, LA, to the Louisiana- along the Texas-Arkansas border to the
Texas border; thence north along the Texas-Oklahoma border; thence west
Louisiana-Texas border to the Texas- along the Texas-Oklahoma border to
Arkansas border at the northern the northwest-most boundary of
boundary of Bowie County, TX; thence Fannin County, Texas, including all
west along the Texas-Arkansas border portions of the Red River; thence south
to the Texas-Oklahoma border; thence along the western and southern bound-
northwest along the Texas-Oklahoma aries of Fannin, Hunt, Kaufman, Hen-
border to the southern shore of Lake derson, Anderson, Houston, Trinity,
Texoma in Grayson County, TX; thence Polk, Hardin, and Jefferson Counties,
west along the northern shore of Lake Texas to the sea at longitude 942500
Texoma to the Texas-Oklahoma border; W; thence southeast to latitude
thence west along the Texas-Oklahoma 290000 N, longitude 934000 W; thence
border to the Texas-New Mexico bor- southeast to latitude 275000 N, lon-
der, including all portions of the Red gitude 932400 W; thence south along
River; thence south along the Texas- longitude 932400 W to the outermost
New Mexico border to the southern extent of the EEZ; thence east along
boundary of Andrews County, TX; the outermost extent of the EEZ to
thence southeast along the western and longitude 923700 W; thence north
southern boundaries of Andrews, Mid- along longitude 923700 W to the Lou-
land, Glasscock, Sterling, Tom Green, isiana Coast.
Concho, McCulloch, San Saba, [USCG200625556, 72 FR 36323, July 2, 2007]
Lampasas, Bell, Williamson, Lee,
Washington, and Austin Counties, TX 3.4035 Sector Corpus Christi Marine
to the intersection of Colorado County, Inspection Zone and Captain of the
Texas; thence along the northern and Port Zone.
eastern boundary of Colorado County Sector Corpus Christis office is lo-
to the east bank of the Colorado River; cated in Corpus Christi, TX. The
thence south along the east bank of the boundaries of Sector Corpus Christis
Colorado River to the sea; thence Marine Inspection Zone and Captain of
southeast along a line bearing 140 T to the Port Zone start at the junction of
the outermost extent of the EEZ at the sea and the east bank of the Colo-
latitude 255950 N, longitude 933221 rado River at latitude 283544 N, lon-
W; thence east along the outermost ex- gitude 955848 W, proceeding north
tent of the EEZ to latitude 260327 N, along the east bank of the Colorado
longitude 923700 W; thence north River to Colorado County, TX; thence
along longitude 923700 W to the Lou- southwest along the northern boundary
isiana Coast; and in addition, all the of Wharton County, TX; thence north-
area described in paragraph (b) of this west along the eastern and northern
section. boundaries of Colorado, Fayette,
(b) The boundaries of the MSU Port Bastrop, Travis, Burnet, Llano, Mason,
Arthur Marine Inspection and Captain Menard, Schletcher, Irion, Reagan,
of the Port Zones start at the intersec- Upton, and Ector Counties, TX; thence
tion of the sea and longitude 923700 west along the northern boundary of
45
3.4040 33 CFR Ch. I (7112 Edition)
Ector and Winkler Counties, TX, to the exception of the Red River and Lake
Texas-New Mexico border; thence north Texoma; in Missouri: Dunklin and
along the New Mexico border to the Pemiscot Counties. In Tennessee: Dyer,
New Mexico-Colorado border; thence Lauderdale, Obion, Tipton, and Shelby
west along the New Mexico-Colorado Counties, and all portions of Lake
border to the intersection of New Mex- County with the exception of the area
ico, Colorado, Utah, and Arizona bor- north and west of a line drawn from
ders; thence south along the New Mex- Mississippi River at latitude 362000 N
ico-Arizona border to the United and longitude 893230 W due east to
States-Mexican border; thence south- Highway 78 thence northeast along
east along the United States-Mexican Highway 78 to the Kentucky-Tennessee
border to the outermost extent of the state line; in Mississippi: Desoto,
EEZ at latitude 255722 N, longitude Tunica, Coahoma, Bolivar, Wash-
970820 W; thence east along the outer- ington, Humphreys, Holmes, Sharkey,
most extent of the EEZ to latitude Yazoo, Issaquena, Warren, Claiborne,
255950 N, longitude 933221 W; thence Jefferson, Adams, and Wilkinson Coun-
northwest to the point of origin. ties; in Louisiana, all the areas north
[USCG200625556, 72 FR 36323, July 2, 2007] of a line drawn from the east bank of
the Mississippi River at the Louisiana-
3.4040 Sector Upper Mississippi Mississippi border, thence south along
River Marine Inspection Zone and the east bank to mile 303.0, thence west
Captain of the Port Zone.
to the west bank at mile 303.0, thence
Sector Upper Mississippi Rivers of- north to the southern boundary of the
fice is located in St. Louis, MO. The Old River Lock Structure, thence west
boundaries of Sector Upper Mississippi along the southern bank of the Lower
Rivers Marine Inspection Zone and Old River, to the intersection with the
Captain of the Port Zone include all of Red River, thence west and northwest
Wyoming except for Sweetwater Coun- along the southern bank of the Red
ty; all of North Dakota, South Dakota, River to the northern-most boundary
Nebraska, Colorado, Kansas, and Iowa; of Red River Parish, thence west along
all of Missouri with the exception of the northern boundary of Red River
Perry, Cape Girardeau, Scott, Mis- Parish and DeSoto Parish to the Texas-
sissippi, New Madrid, Dunklin, and Louisiana Border, including Lasalle,
Pemiscot Counties; that part of Min- Caldwell, Caddo, Bossier, Webster,
nesota south of latitude 462000 N; Claiborne, Union, Morehouse, West
that part of Wisconsin south of lati-
Carroll, East Carroll, Madison, Rich-
tude 462000 N, and west of longitude
land, Ouachita, Lincoln, Jackson,
900000 W; that part of Illinois west of
Bienville, Winn, Grant, Franklin,
longitude 900000 W and north of lati-
Tensas, Catahoula, and Concordia Par-
tude 410000 N; that part of Illinois
south of latitude 410000 N, except for ishes; those parts of Avoyelles,
Jackson, Williamson, Saline, Gellatin, Natchitoches, Rapides, and Red River
Union, Johnson, Pope, Hardin, Alex- Parishes north of the Red River, and
ander, Pulaski, and Massac Counties; that part of West Feliciana Parish
that part of the Upper Mississippi north of the Lower Old River; that part
River above mile 109.9, including both of the Lower Mississippi River below
banks, and that part of the Illinois mile 869.0 and above mile 303; and all of
River below latitude 410000 N. the Red River below the Arkansas-
Oklahoma border.
[USCG200625556, 72 FR 36324, July 2, 2007]
[USCG200625556, 72 FR 36324, July 2, 2007]
3.4060 Sector Lower Mississippi
River Marine Inspection Zone and 3.4065 Sector Ohio Valley Marine In-
Captain of the Port Zone. spection Zone and Captain of the
Sector Lower Mississippi Rivers of- Port Zone; Marine Safety Unit Pitts-
fice is located in Memphis, TN. The burgh.
boundaries of Sector Lower Mississippi Sector Ohio Valleys office is located
Rivers Marine Inspection Zone and in Louisville, KY. A subordinate unit,
Captain of the Port Zone include all of Marine Safety Unit (MSU) Pittsburgh,
Arkansas and all of Oklahoma with the is located in Pittsburgh, PA.
46
(a) Sector Ohio Valleys Marine In- Subpart 3.45Ninth Coast Guard
spection Zone and Captain of the Port District
Zone comprise all of Kentucky and
West Virginia; in Missouri: Perry, Cape
SOURCE: CGD 79011, 44 FR 33401, June 11,
Girardeau, Scott, Mississippi and New 1979, unless otherwise noted.
Madrid Counties; in Tennessee: that
portion of Lake County north and west 3.451 Ninth district.
of a line drawn from the Mississippi
(a) The District Office is in Cleveland
River at latitude 362000 N and lon-
Ohio.
gitude 893230 W due east to Highway
78, thence northeast along Highway 78 (b) The Ninth Coast Guard District
to the Kentucky-Tennessee state line, comprise Michigan, New York north of
and all other counties in Tennessee ex- latitude 42 N. and west of longitude
cept Shelby, Tipton, Lauderdale, Dyer 7439 W.; Pennsylvania north of lati-
and Obion Counties; in Alabama: tude 41 and west of longitude 7855 W.;
Colbert, Franklin, Lawrence, Morgan, that part of Ohio and Indiana north of
Marshall, Lauderdale, Limestone, latitude 41 N.; that part of Illinois
Madison, Jackson and DeKalb Coun- north of latitude 41 N. and east of lon-
ties; in Mississippi: Alcorn, Prentiss gitude 90 W.; Wisconsin, except that
and Tishomingo Counties; that portion part south of latitude 4620 N. and west
of Pennsylvania south of latitude of longitude 90 W.; and that part of
410000 N and west of longitude Minnesota north of latitude 4620 N.
790000 W; those parts of Indiana and [CGFR 6140, 26 FR 10350, Nov. 3, 1961, as
Ohio south of latitude 410000 N; in Il- amended by CGFR 7185, 36 FR 16577, Aug. 24,
linois: Jackson, Williamson, Saline, 1971]
Gallatin, Union, Johnson, Pope, Har-
din, Alexander, Pulaski, and Massac 3.4510 Sector Buffalo Marine Inspec-
tion Zone and Captain of the Port
Counties, and in Randolph County,
Zone.
that part of the Upper Mississippi
River below mile 109.9, including both Sector Buffalos office is located in
banks; and that part of the Lower Mis- Buffalo, NY. The boundaries of Sector
sissippi River above mile 869.0 ; and in Buffalos Marine Inspection Zone and
addition, all the area described in para- Captain of the Port Zone include all
graph (b) of this section. navigable waters of the United States
(b) The boundaries of the MSU Pitts- and contiguous land areas within the
burgh Marine Inspection and Captain boundaries of an area starting from a
of the Port Zones include that portion point on the international boundary in
of Pennsylvania south of latitude Lake Erie at latitude 421924 N, lon-
410000 N and west of longitude gitude 803110 W, proceeding south-
790000 W; in West Virginia: Preston, west along the international boundary
Monongalia, Marion, Marshall, Ohio, to a point at latitude 414036 N, lon-
Brooke, and Hancock Counties, and gitude 822500 W; thence south to lati-
that part of the Ohio River north of a tude 410000 N; thence east to lon-
line drawn from latitude 393918 N (ap- gitude 785458 W; thence north to lati-
proximately mile 127.2) on the Ohio tude 420000 N; thence east to the east
River, just below the Hannibal Lock bank of the Delaware River at latitude
and Dam; and in Ohio: Stark, 420000 N, longitude 752128 W; thence
Columbiana, Tuscarawas, Carroll, Har- east to longitude 743900 W; thence
rison, Jefferson, and Belmont Counties, north to the international boundary at
and those parts of Summit, Portage, a point at latitude 445958 N, lon-
and Mahoning Counties south of lati- gitude 743900 W; thence southeast
tude 410000N. along the international boundary to
the starting point.
[USCG200625556, 72 FR 36324, July 2, 2007]
[USCG200625556, 72 FR 36324, July 2, 2007]
47
3.4515 33 CFR Ch. I (7112 Edition)
3.4515 Sector Lake Michigan Marine W; thence south along the Ohio-Indiana
Inspection Zone and Captain of the boundary to the starting point.
Port Zone.
[USCG20090929, 76 FR 13510, Mar. 14, 2011]
Sector Lake Michigans office is lo-
cated in Milwaukee, WI. The bound- 3.4545 Sector Sault Ste. Marie Ma-
aries of Sector Lake Michigans Marine rine Inspection Zone and Captain of
Inspection Zone and Captain of the the Port Zone; Marine Safety Unit
Port Zone include all navigable waters Duluth.
of the United States and contiguous Sector Sault Ste. Maries office is lo-
land areas within the boundaries of an cated in Sault Ste. Marie, MI. A subor-
area starting from a point at latitude dinate unit, Marine Safety Unit (MSU)
444300 N, longitude 843000 W, pro- Duluth, is located in Duluth, MN.
ceeding due west to longitude 854000 (a) Sector Sault Ste. Maries Marine
W; thence northwest to the eastern Inspection Zone and Captain of the
shore of Lake Michigan at latitude Port Zone comprise all navigable wa-
450100 N; thence northwest to lati- ters of the United States and contig-
tude 452230 N, longitude 861900 W; uous land areas within an area starting
thence northeast to latitude 454100 N, from a point at latitude 444300 N on
longitude 860600 W; thence northwest the international boundary within
to latitude 462000 N, longitude Lake Huron; proceeding due west to
872200 W; thence west to latitude longitude 854000 W; thence northwest
462000 N, longitude 900000 W; thence to the eastern shore of Lake Michigan
south to latitude 410000 N; thence at latitude 450100 N; thence north-
east to the Ohio-Indiana border at lati- west to latitude 452230 N, longitude
tude 410000 N, longitude 844812 W; 861900 W; thence northeast to lati-
thence north along the Ohio-Indiana tude 454100 N, longitude 860600 W;
border to the intersection of the Ohio- thence northwest to latitude 462000
Indiana-Michigan border at latitude N, longitude 872200 W; thence west to
414159 N, longitude 844822 W; thence the Minnesota-North Dakota boundary
east along the Ohio-Michigan border to at latitude 462000 N, longitude
latitude 414213 N, longitude 843000 963630 W; thence north along the Min-
W; thence north to the start point. nesota-North Dakota boundary to the
[USCG20090929, 76 FR 13510, Mar. 14, 2011] intersection of the Minnesota-North
Dakota boundary and the international
3.4520 Sector Detroit Marine Inspec- boundary at latitude 490002 N, lon-
tion Zone and Captain of the Port gitude 971346 W; thence east along
Zone. the international boundary to the
Sector Detroits office is located in starting point; and in addition, all the
Detroit, MI. The boundaries of Sector area described in paragraph (b) of this
Detroits Marine Inspection Zone and section.
Captain of the Port Zone include all (b) The boundaries of the MSU Du-
navigable waters of the United States luth Marine Inspection and Captain of
and contiguous land areas within the the Port Zones comprise all navigable
boundaries of an area starting from a waters of the United States and contig-
point at latitude 410000 N, longitude uous land areas within an area starting
844812 W on the Ohio-Indiana bound- at a point latitude 462000 N, lon-
ary, proceeding east to longitude gitude 883000 W, proceeding west to
822500 W; thence north to the inter- the Minnesota-North Dakota boundary
national boundary in Lake Erie at lati- at latitude 462000 N, longitude
tude 414036 N, longitude 822500 W; 963630 W; thence north along the Min-
thence north along the international nesota-North Dakota boundary to the
boundary to latitude 444300 N in Lake intersection of the Minnesota-North
Huron; thence due west to latitude Dakota boundary and the international
444300 N, longitude 843000 W; thence boundary at latitude 490002 N, lon-
south to the Michigan-Ohio boundary gitude 971346 W; thence east along
at latitude 414213 N; thence west the international boundary to a point
along the Michigan-Ohio boundary to at latitude 475923 N, longitude
the Ohio-Michigan-Indiana boundary at 873510 W; thence south to a point
latitude 414146 N, longitude 844822 near Manitou Island Light at latitude
48
472509 N, longitude 873510 W; thence 3.5515 Sector San Diego Marine In-
southwest to a point near the shore of spection Zone and Captain of the
Lake Superior at latitude 465151 N, Port Zone.
longitude 874500 W; thence southwest Sector San Diegos office is located
to the point of origin. in San Diego, CA. The boundaries of
[USCG20090929, 76 FR 13510, Mar. 14, 2011] Sector San Diegos Marine Inspection
Zone and Captain of the Port Zone
Subpart 3.55Eleventh Coast start at a point near the intersection of
Orange County and San Diego County
Guard District and the coast at latitude 332312 N,
3.551 Eleventh district. longitude 1173545 W, proceeding
southwest to the outermost extent of
(a) The District Office is in Alameda, the EEZ at latitude 320117 N, lon-
California. gitude 1233722 W; thence south along
(b) The Eleventh Coast Guard Dis- the outermost extent of the EEZ to the
trict is comprised of: Arizona; Utah; intersection of the maritime boundary
Nevada; California; and the ocean area with Mexico at latitude 303231 N, lon-
bounded by a line from the California- gitude 1215158 W; thence east along
Oregon state line westerly to 40 N. the maritime boundary with Mexico to
latitude, 150 W. longitude; thence its intersection with the California
southeasterly to 5 S. latitude, 110 W. coast at latitude 323203 N, longitude
longitude; thence northeasterly to the 1170729 W; thence including Imperial
border between Guatemala and Mexico County and San Diego County in Cali-
on the Pacific Coast (1438 N. latitude, fornia; all of Arizona; Washington,
9219 W. longitude). Kane, San Juan, and Garfield Counties
[CGFR 6140, 26 FR 10351, Nov. 3, 1961, as in Utah; and Clark County in Nevada.
[USCG200625556, 72 FR 36325, July 2, 2007]
1987; CGD 96025, 61 FR 29959, June 13, 1996]
3.5510 Sector Los Angeles-Long 3.5520 Sector San Francisco: San

Beach Marine Inspection Zone and Francisco Bay Marine Inspection
Captain of the Port Zone. Zone and Captain of the Port Zone.
Sector Los Angeles-Long Beachs The Sector San Francisco office is lo-
(LALB) office is located in San Pedro, cated in San Francisco, CA. The bound-
CA. The boundaries of Sector LALBs aries of Sector San Franciscos San
Marine Inspection Zone and Captain of Francisco Bay Marine Inspection and
the Port Zone start at a point near the Captain of the Port Zones comprise the
intersection of Monterey County and land masses and waters of Wyoming
San Luis Obispo County and the Cali- within the boundaries of Sweetwater
fornia coast at latitude 354743 N, lon- County; Utah, except for Washington,
gitude 1212051 W, proceeding south- Kane, San Juan, and Garfield Counties;
west to the outermost extent of the Nevada, except for Clark County; and
EEZ at latitude 340505 N, longitude California, north of San Luis Obispo,
1245643 W; thence south along the Kern, and San Bernardino Counties. It
outermost extent of the EEZ to lati- also includes all ocean waters and is-
tude 320117 N, longitude 1233722 W; lands contained therein of the EEZ
thence northeast to the intersection of bounded on the north by the northern
Orange County and San Diego County boundary of the Eleventh Coast Guard
and the California coast at latitude District, which is described in 3.551;
332312 N, longitude 1173545 W; and on the south by a line bearing 240
thence including all of Orange County, T from the intersection of the Mon-
Riverside County, Ventura County, Los terey-San Luis Obispo Count lines (ap-
Angeles County, San Bernardino Coun- proximately 3547.500 N latitude) and
ty, Santa Barbara County, Kern Coun- the California coast to the outermost
ty, and San Luis Obispo County in extent of the EEZ; and on the west by
California. the outermost extent of the EEZ.
[USCG200625556, 72 FR 36325, July 2, 2007] [USCG200625556, 72 FR 36326, July 2, 2007]
49
3.651 33 CFR Ch. I (7112 Edition)
Subpart 3.65Thirteenth Coast along this latitude to the eastern Idaho

Guard District state line; thence southeast along the
Idaho state line to the intersection of
3.651 Thirteenth district. the Idaho-Wyoming boundary; thence
(a) The District Office is in Seattle, south along the Idaho-Wyoming bound-
Wash. ary to the intersection of the Idaho-
(b) The Thirteenth Coast Guard Dis- Utah-Wyoming boundaries; thence west
trict shall comprise Washington, Or- along the southern border of Idaho to
egon, Idaho, and Montana; and the Oregon and then west along the south-
ocean area bounded by a line from Cali- ern border of Oregon to the coast at
fornia-Oregon state line westerly to latitude 415954 N, longitude 1241242
latitude 40 N. longitude, 150 W., W; thence west along the southern
thence northeasterly to latitude 5440 boundary of the Thirteenth Coast
N., longitude 140 W., thence due east Guard District, which is described in
to the Canadian coast. 3.6510, to the outermost extent of the
EEZ at latitude 413835 N, 1285126 W;
[CGFR 6140, 26 FR 10352, Nov. 3, 1961] thence north along the outermost ex-
3.6510 Sector Puget Sound Marine tent of the EEZ to latitude 473200 N;
Inspection Zone and Captain of the thence east to the point of origin.
Port Zone. [USCG20100351, 75 FR 48565, Aug. 11, 2010]
Sector Puget Sounds office is lo-
cated in Seattle, WA. The boundaries Subpart 3.70Fourteenth Coast
of Sector Puget Sounds Marine Inspec-
tion and Captain of the Port Zones
Guard District
start at latitude 482935 N, longitude 3.701 Fourteenth district.
1244345 W, proceeding along the Cana-
dian border east to the Montana-North (a) The District Office is in Honolulu,
Dakota boundary; thence south along Hawaii.
this boundary to the Wyoming state (b) The Fourteenth Coast Guard Dis-
line; thence west and south along the trict shall comprise the State of Ha-
Montana-Wyoming boundary to the waii; and the Pacific Islands belonging
Idaho state line; thence northwest to the United States south of latitude
along the Montana-Idaho boundary to 40 N., and west of a line running from
latitude 465500 N; thence west along 40 N., 150 W. through latitude 5 S.,
latitude 465500 N to longitude 110 W.; the ocean area west and south
1231800 W; thence north to a point of a line running from position 51 N.,
latitude 473200 N, longitude 1231800 158 E. to position 43 N., 165 E.; thence
W; thence west along latitude 473200 due south to latitude 40 N.; thence due
N to the outermost extent of the EEZ; east to longitude 150 W.; thence south-
thence northeast along the outermost easterly through latitude 5 S., lon-
extent of the EEZ to the Canadian bor- gitude 110 W.
der; thence east along the Canadian
[CGFR 6140, 26 FR 10352, Nov. 3, 1961, as
border to the point of origin. amended by CGFR 70150, 36 FR 912, Jan. 20,
[USCG20100351, 75 FR 47212, Aug. 5, 2010] 1971]
3.6515 Sector Columbia River Ma- 3.7010 Sector Honolulu Marine In-
rine Inspection Zone and Captain of spection Zone and Captain of the
the Port Zone. Port Zone.
Sector Columbia Rivers office is lo- Sector Honolulus office is located in
cated in Astoria, OR. The boundaries of Honolulu, HI. The boundaries of Sector
Sector Columbia Rivers Marine In- Honolulus Marine Inspection Zone and
spection and Captain of the Port Zones Captain of the Port Zone comprise the
start at the Washington coast at lati- State of Hawaii, including all the is-
tude 473200 N, longitude 1242115 W, lands and atolls of the Hawaiian chain
proceeding along this latitude east to and the adjacent waters of the exclu-
latitude 473200 N, longitude 1231800 sive economic zone (EEZ); and the fol-
W; thence south to latitude 465500 N, lowing islands and their adjacent wa-
longitude 1231800 W; thence east ters of the EEZ: American Samoa,
50
Johnston Atoll, Palmyra Atoll, King- 5440 N. due west to longitude 140 W.;
man Reef, Wake Island, Jarvis Island, thence southwesterly to position 40 N.,
Howland and Baker Islands, and Mid- 150 W.; thence due west to position 40
way Island. Sector Honolulus Marine N., 165 E.; thence due north to latitude
Inspection Zone also includes the Inde- 43 N.; thence northwesterly to 51 N.,
pendent State of Samoa. 158 E.; thence north and east along the
[USCG20100351, 75 FR 36277, June 25, 2010] coastline of the continent of Asia to
East Cape; thence north to the Arctic
3.7015 Sector Guam Marine Inspec- Ocean.
tion Zone and Captain of the Port [CGFR 6140, 26 FR 10353, Nov. 3, 1961, as
Zone. amended by CGFR 70150, 36 FR 912, Jan. 20,
Sector Guams office is located in 1971]
Santa Rita, Guam. The boundaries of
Sector Guams Marine Inspection Zone 3.8510 Sector Juneau: Southeast
and Captain of the Port Zone comprise Alaska Marine Inspection Zone and
the Territory of Guam and the adja- Captain of the Port Zones.
cent waters of the EEZ, and the Com- Sector Juneaus office is located in
monwealth of the Northern Mariana Is- Juneau, AK. The boundaries of Sector
lands and the adjacent waters of the Juneaus Southeast Alaska Marine In-
EEZ. Sector Guams Marine Inspection spection and Captain of the Port Zones
Zone also includes the Republic of start at latitude 600118 N, longitude
Palau, the Republic of the Marshall Is- 1420000 W, proceeding northeast to
lands, and the Federated States of Mi- the EEZ near the Canadian border at
cronesia. latitude 601824 N, longitude 1410000
W; thence south and east along the
[USCG200625556, 72 FR 36326, July 2, 2007, as
amended by USCG20100351, 75 FR 36277, EEZ on the United States-Canadian
June 25, 2010] shore side boundary to the intersection
of the Canadian coast and the Coast
3.7020 Activities Far East Marine In- Guard District Seventeen southern bor-
spection Zone. der at latitude 544000 N, longitude
(a) Activities Far Easts office is lo- 1311506 W; thence west along the
cated in Yokota, Japan. The bound- southern border of Coast Guard Dis-
aries of Activities Far Easts Marine trict Seventeen to the intersection
Inspection Zone coincide with the with the outermost extent of the EEZ
boundaries of the Fourteenth Coast at latitude 543811 N, longitude
Guard District, which are described in 1400126 W; thence north along the
3.701, excluding those areas within outermost extent of the EEZ to lati-
the Honolulu and Guam Marine Inspec- tude 561450 N, longitude 1420000 W;
tion Zones, as described in this part. thence north to the point of origin.
(b) Only for this part, the boundary [USCG200625556, 72 FR 36326, July 2, 2007]
between Activities Far East and Ac-
tivities Europe Marine Inspection 3.8515 Sector Anchorage: Western
Zones is demarked by a southerly line Alaska Marine Inspection Zone and
bisecting the border of the Republic of Captain of the Port Zones; Marine
India and the Islamic Republic of Paki- Safety Unit Valdez: Prince William
stan. Sound Marine Inspection and Cap-
tain of the Port Zones.
[USCG20100351, 75 FR 36277, June 25, 2010] Sector Anchorages office is located
in Anchorage, AK. A subordinate unit,
Subpart 3.85Seventeenth Coast Marine Safety Unit (MSU) Valdez, is
Guard District located in Valdez, AK.
(a) Sector Anchorages Western Alas-
3.851 Seventeenth district. ka Marine Inspection and Captain of
(a) The District Office is in Juneau, the Port Zones start near the Canadian
Alaska. border on the EEZ at latitude
(b) The Seventeenth Coast Guard Dis- 601824 N, longitude 1410000 W, pro-
trict shall comprise the State of Alas- ceeding southwest to latitude 600118
ka; the ocean area bounded by a line N, longitude 1420000 W; thence south
from the Canadian Coast at latitude to the outermost extent of the EEZ at
51
latitude 561450 N, longitude 1420000 4.01 Purpose.

W; thence southwest along the outer- This part collects and displays the
most extent of the EEZ to latitude control numbers assigned to informa-
512215 N, longitude 1673828 E; thence tion collection requirements of the
northeast along the outermost extent Coast Guard by the Office of Manage-
of the EEZ to latitude 653000 N, lon- ment and Budget pursuant to the Pa-
gitude 1685837 W; thence north along perwork Reduction Act of 1980, (Pub. L.
the outermost extent of the EEZ to 96511, 44 U.S.C. 3501 et seq.). The Coast
latitude 724629 N, longitude 1685837 Guard intends that this subpart com-
W; thence northeast along the outer- ply with the requirements of section
most extent of the EEZ to latitude 3507(f) of the Paperwork Reduction Act,
744235 N, longitude 1562830 W; which requires that agencies display a
thence southeast along the outermost current control number assigned by the
extent of the EEZ to latitude 725649 Director of the Office of Management
N, longitude 1373408 W; thence south and Budget (OMB) for each agency
along the outermost extent of the EEZ information collection requirement.
to the coast near the Canadian border [CGD 84050, 49 FR 26584, June 28, 1984]
at latitude 693848.88 N, longitude
1405952.7 W; thence south along the 4.02 Display.
United States-Canadian boundary to 33 CFR part or section where Current
the point of origin; and in addition, all identified and described OMB control No.
the area described in paragraph (b) of Part 6 ................................................. 16250020
this section. Part 67 ............................................... 16250011
(b) The boundaries of MSU Valdezs Part 96 ............................................... 16250084
Part 100 ............................................. 16250008
Prince William Sound Marine Inspec- Part 101 ............................................. 16250077
tion and Captain of the Port Zones Section 101.115 ................................. 16250017
start at Cape Puget at latitude 595604 Part 103 ............................................. 16250077
Part 104 ............................................. 16250077
N, longitude 1482600 W, proceeding Section 104.297 ................................. 16250017
north to latitude 613000 N, longitude Part 105 ............................................. 16250077
1482600 W; thence east to the United Part 106 ............................................. 16250077
Part 115 ............................................. 16250015
States-Canadian boundary at latitude Part 116 ............................................. 16250073
613000 N, longitude 1410000 W; Part 120 ............................................. 16250077
thence south along the United States- Section 126.15(c) .............................. 16250016
Section 126.17 ................................... 16250005
Canadian boundary to latitude 601824 Part 127 ............................................. 16250049
N, longitude 1410000 W; thence south- Section 127.617 ................................. 16250016
west to the sea at latitude 600118 N, Section 127.1603 ............................... 16250016
Part 128 ............................................. 16250077
longitude 1420000 W; thence south to Part 130 ............................................. 16250046
the outermost extent of the EEZ at Part 138 ............................................. 16250046
latitude 561450 N, longitude 1420000 Section 140.15 ................................... 16250050
Section 140.103 ................................. 16250054
W; thence along the outermost bound- Section 141.35 ................................... 16250098
ary of the EEZ to latitude 544926 N, Part 143 ............................................. 16250059
longitude 1482600 W; thence north to Part 144 ............................................. 16250059
Part 145 ............................................. 16250059
the point of origin. Part 146 ............................................. 16250001 and
16250059
[USCG200625556, 72 FR 36326, July 2, 2007, as Section 146.130 ................................. 16250044
amended by USCG20080073, 73 FR 15080, Section 146.140 ................................. 16250059
Mar. 21, 2008] Section 146.210 ................................. 16250059
Part 151 ............................................. 16250009
Section 151.19 ................................... 16250041
PART 4OMB CONTROL NUMBERS Section 151.21 ................................... 16250041
ASSIGNED PURSUANT TO THE PA- Section 151.43 ...................................
Section 151.55 ...................................
16250045
16250072
PERWORK REDUCTION ACT Section 151.57 ................................... 16250072
Section 151.2040 ............................... 16250069
Section 153.203 ................................. 16250096
Sec. Section 154.107 ................................. 16250095
4.01 Purpose. Section 154.108 ................................. 16250095
4.02 Display. Section 154.110 ................................. 16250093
Section 154.300 through 154.325 ..... 16250021
AUTHORITY: 44 U.S.C. 3507; Department of Section 154.710 ................................. 16250039
Homeland Security Delegation No. 0170.1. Section 154.740 ................................. 16250039
52
33 CFR part or section where Current 5.21 Ranks, titles, designations, or grades.
identified and described OMB control No. 5.23 Advancement.
5.25 Honorary members.
Section 154.804 ................................. 16250060
Section 154.806 ................................. 16250060 5.27 Assignment to specific duties.
Section 154.1220 ............................... 16250066 5.29 Assignment to duty on a motorboat,
Section 154.1225 ............................... 16250066 yacht, aircraft, or radio station.
Section 155.120 ................................. 16250051 and 5.31 Power and authority.
16250095 5.33 Training, examination, and assign-
Section 155.130 ................................. 16250051 and
16250095
ment.
Section 155.710 ................................. 16250072 5.35 Use of facilities.
Section 155.715 ................................. 16250072 5.37 Offer of facilities.
Section 155.720 ................................. 16250030 5.39 Acceptance of facilities.
Section 155.740 ................................. 16250030 5.41 Emergencies.
Section 155.750 ................................. 16250030
Section 155.820 ................................. 16250030 5.43 Public vessels, aircraft, and radio sta-
Section 155.820(d) ............................ 16250039 tions.
Section 156.107 ................................. 16250095 5.45 Return of facility.
Section 156.110 ................................. 16250095 5.47 Auxiliary ensign.
Section 156.120 ................................. 16250039 5.48 Auxiliary Patrol Boat ensign.
Section 156.150 ................................. 16250039
5.49 Reimbursement for expenses.
Part 156, Subpart B ........................... 16250042
Section 156.200 ................................. 16250042 5.55 Compensation.
Part 157 ............................................. 16250036 and 5.57 Traveling expenses and per diem.
16250041 5.59 Medical treatment and hospitalization.
Section 157.37 ................................... 16250041 5.61 Uniforms.
Section 157.415 ................................. 16250083 5.63 Insignia.
Section 157.420 ................................. 16250083
Section 157.430 ................................. 16250083
5.65 Medals.
Section 157.435 ................................. 16250083 5.69 Limitations of rights, privileges, and
Section 157.450 ................................. 16250083 benefits.
Section 157.455 ................................. 16250083
Part 158 ............................................. 16250045 AUTHORITY: 14 U.S.C. 633, 892; Pub. L. 107
Section 158.140 ................................. 16250045 296, 116 Stat. 2135; Department of Homeland
Section 158.150 ................................. 16250045 Security Delegation No. 0170.
Section 158.165 ................................. 16250045
Section 158.190 ................................. 16250045 SOURCE: CGFR 4864, 13 FR 8393, Dec. 28,
Part 159 ............................................. 16250041 and 1948, unless otherwise noted.
16250092
Part 160 ............................................. 16250043 and 5.01 Definitions.
16250100
Part 161 ............................................. 16250043 Certain terms used in this part are
Part 164 ............................................. 16250043 and defined as follows:
16250082
Part 165 ............................................. 16250020 and
(a) Act means the Coast Guard Auxil-
16250043 iary and Reserve Act of 1941, as amend-
Section 165.100 ................................. 16250088 ed, and recodified by Act of August 4,
Section 165.803(i) ............................. 16250023 1949, as 14 U.S.C. 821 through 832.
Section 165.1709 ............................... 16250043
Section 169.140 ................................. 16250103 (b) Auxiliary means the United States
Section 173.55 ................................... 16250003 Coast Guard Auxiliary established pur-
Section 179.13 ................................... 16250010 suant to the Act.
Section 179.15 ................................... 16250010
Section 181.21 through 181.31 ......... 16250056 (c) Commandant means the Com-
Part 183 ............................................. 16250056 mandant of the United States Coast
Part 187 ............................................. 16250070 Guard.
(d) Member means any person who is
[69 FR 34924, June 23, 2004] a member of the Auxiliary.
(e) Vessel means a motorboat or
PART 5COAST GUARD AUXILIARY yacht.
(f) Motorboat means any documented
Sec. or numbered vessel propelled by ma-
5.01 Definitions. chinery, not more than 65 feet in
5.03 Purpose. length measured end to end over the
5.05 Organization. deck excluding sheer.
5.07 Administration. (g) Yacht means either (1) any docu-
5.09 Eligibility for membership.
mented or numbered vessel used exclu-
5.11 Membership in military organizations.
5.13 Application for membership. sively for pleasure, or (2) any sailboat
5.15 Admission to membership. used exclusively for pleasure over 16
5.17 Disenrollment. feet in length measured from end to
5.19 Training. end over the deck excluding sheer.
53
(h) Radio station means any equip- not less than a twenty-five percent in-
ment (including a building which terest in a motorboat, yacht, aircraft,
houses such equipment) the use of or radio station; or have had such spe-
which to transmit communications by cial training or experience as to qual-
radio is authorized pursuant to law. ify him in the opinion of the Com-
(i) Aircraft means any contrivance mandant, for duty in the Auxiliary.
now known or hereafter invented, used
[CGFR 5958, 24 FR 10717, Dec. 25, 1959]
or designed for navigation of or flight
in the air. 5.11 Membership in military organi-
(j) Secretary means the Secretary of zations.
Homeland Security when the Coast
Guard operates in the Department of Members of the Auxiliary may also
Homeland Security or the Secretary of be enrolled, enlisted or commissioned
the Navy when the Coast Guard oper- in the Coast Guard Reserve. Member-
ates as part of the Navy. ship in the Auxiliary is not a bar to
(k) Facility or facilities means a ves- membership in any other naval or mili-
sel, aircraft, and/or radio station. tary organization.
[CGFR 4864, 13 FR 8393, Dec. 28, 1948, as 5.13 Application for membership.
amended by CGFR 5958, 24 FR 10717, Dec. 25,
1959; CGD 96026, 61 FR 33662, June 28, 1996; Application for membership in the
USCG200314505, 68 FR 9534, Feb. 28, 2003] Auxiliary shall be made on the pre-
scribed form which may be obtained
5.03 Purpose. from the Commander of the Coast
The Auxiliary was created in order to Guard district in which located. Mem-
assist the Coast Guard to: bership is based on the needs of the
(a) Promote safety and to effect res- Auxiliary and will necessarily vary in
cues on and over the high seas and on the various Coast Guard districts.
navigable waters.
[CGFR 5958, 24 FR 10717, Dec. 25, 1959]
(b) Promote efficiency in the oper-
ation of motorboats and yachts. 5.15 Admission to membership.
(c) Foster a wider knowledge of, and
better compliance with, the laws, rules, An applicant who is accepted for
and regulations governing the oper- membership shall be enrolled in the
ation of motorboats and yachts. Auxiliary and shall be issued a mem-
(d) Facilitate other operations of the bership certificate and identification
Coast Guard. card. Mere ownership of such a certifi-
cate or card shall not entitle a member
5.05 Organization. of the Auxiliary to be vested with or
The Auxiliary is a nonmilitary orga- exercise any right, privilege, power, or
nization administered by the Com- duty vested in or imposed upon the per-
mandant, under the direction of the sonnel of the Coast Guard or the Coast
Secretary. Guard Reserve.
[CGFR 5958, 24 FR 10717, Dec. 25, 1959]
5.07 Administration.
Any authority vested in the Com- 5.17 Disenrollment.
mandant by this part may be delegated A member of the Auxiliary shall be
by him to such personnel of the Coast disenrolled on request; upon ceasing to
Guard, in such manner and to such ex- possess the qualifications for member-
tent, as he deems necessary or appro- ship; for cause; upon direction of the
priate for the functioning, organiza- Commandant; or upon death.
tion, and internal administration of
the Auxiliary. [CGFR 5958, 24 FR 10717, Dec. 25, 1959]
5.09 Eligibility for membership. 5.19 Training.

To be eligible for membership in the The Commandant may authorize
Auxiliary, a person (male or female) members of the Auxiliary to pursue
must be over 17 years of age; a citizen correspondence courses conducted by
of the United States or of its Terri- the Coast Guard Institute at cost when
tories and possessions; and either own the furnishing of such courses does not
54
interfere with other regular Coast 5.33 Training, examination, and as-
Guard activities. signment.
The Commandant will prescribe the
5.21 Ranks, titles, designations, or
grades. type of training, qualifications and ex-
aminations required before a member
The members of the Auxiliary shall of the Auxiliary shall be deemed quali-
have such ranks, titles, designations, fied to perform certain duties, and will
or grades, pursuant to their qualifica- prescribe the circumstances and man-
tions, as the Commandant considers ner in which certain members of the
necessary for the administration and Auxiliary shall be authorized to per-
operation of the Auxiliary. form regular and emergency specific
duties.
5.23 Advancement.
The Commandant shall prescribe the 5.35 Use of facilities.
circumstances and qualifications under Section 826 of Title 14, U.S. Code,
which members of the Auxiliary may reads as follows:
be advanced.
The Coast Guard may utilize for any pur-
5.25 Honorary members. pose incident to carrying out its functions
and duties as authorized by the Secretary
For conspicuous service to or active any motorboat, yacht, aircraft, or radio sta-
interest in the Auxiliary, the Com- tion placed at its disposition for any of such
mandant may award any person with purposes by any member of the Auxiliary, by
honorary membership in the Auxiliary. any corporation, partnership, or association,
An honorary member of the Auxiliary, or by any State or political subdivision
solely by reason of such honorary thereof.
membership, shall not be entitled to [CGFR 5958, 24 FR 10717, Dec. 25, 1959]
any of the rights, benefits, privileges,
duties, or obligations of regular mem- 5.37 Offer of facilities.
bers of the Auxiliary. Any member of the Auxiliary desir-
ing to place a vessel, aircraft, or radio
5.27 Assignment to specific duties.
station at the disposal of the Coast
Members of the Auxiliary shall not Guard pursuant to the Act and the reg-
be assigned to specific duties until they ulations in this part, shall commu-
have been found, after appropriate nicate with the Commander of the
training and examination, to be com- Coast Guard district in which located
petent to perform such duties. indicating in such communication
which facility is offered. Except in
5.29 Assignment to duty on a motor- emergencies, an offer to the Coast
boat, yacht, aircraft, or radio sta- Guard must be made on the prescribed
tion.
form.
No member of the Auxiliary shall be
[CGFR 5958, 24 FR 10717, Dec. 25, 1959]
placed in charge of a motorboat, yacht,
aircraft, or radio station assigned to 5.39 Acceptance of facilities.
Coast Guard duty unless he has been
specifically designated by authority of No vessel, aircraft or radio station
the Commandant to perform such duty. shall be deemed loaned to the Coast
Guard until an acceptance, on the pre-
5.31 Power and authority. scribed form, has been signed on behalf
of the Coast Guard by a person author-
Members of the Auxiliary, when as-
ized by the Commandant to sign such
signed to specific duties shall, unless
acceptance and a complete inventory
otherwise limited by the Commandant,
of consumable and expendable stores
be vested with the same power and au-
and equipment has been made and mu-
thority, in execution of such duties, as
tually settled by the owner and the
members of the regular Coast Guard
representative of the Coast Guard.
assigned to similar duties.
[CGFR 5958, 24 FR 10717, Dec. 25, 1959]
55
5.41 Emergencies. take all proper precautions to protect

In an emergency, as declared by the the interest of the owner as well as
Commandant, the offer of a vessel, air- that of the United States.
craft, or radio station may be made
5.47 Auxiliary ensign.
without the use of the prescribed form,
and such facility may be accepted on (a) The Coast Guard Auxiliary ensign
behalf of the Coast Guard without the is a distinguishing mark, authorized by
use of the acceptance section of the the Secretary, and may be displayed by
above form or the inventory last above any vessel, aircraft, or radio station at
mentioned. such times and under such cir-
cumstances as may be authorized by
[CGFR 5958, 24 FR 10717, Dec. 25, 1959]
the Commandant. The penalty for the
5.43 Public vessels, aircraft, and unauthorized flying of any ensign, flag
radio stations. or pennant of the Auxiliary is set forth
While assigned to Coast Guard duty in 5.67 of this part.
as authorized herein: (b) The field of the Auxiliary ensign
(a) Any motorboat or yacht shall be is medium blue (Coast Guard blue) with
deemed to be a public vessel of the a broad diagonal white slash upon
United States, and within the meaning which a matching blue Coast Guard
of section 827 of title 14, U.S. Code, Auxiliary emblem is centered. The
shall be deemed to be a vessel of the white slash shall be at a 70 degree
United States Coast Guard. angle, rising away from the hoist.
(b) Any aircraft shall be deemed to be (c) The Auxiliary emblem consists of
a vessel of the United States Coast a disk with the shield of the Coat of
Guard within the meaning of section Arms of the United States cir-
828 of title 14, U.S. Code, and shall be cumscribed by an annulet edged and in-
deemed to be a public aircraft within scribed U.S. COAST GUARD AUXIL-
the meaning of the act of June 23, 1958 IARY all in front of two crossed an-
(72 Stat. 737; 49 U.S.C. 1301). chors.
(c) Any radio station shall be deemed
[CGD 85073, 52 FR 36760, Oct. 1, 1987; 52 FR
to be a radio station of the United 37716, Oct. 8, 1987]
States Coast Guard and a Government
station within the meaning of section 5.48 Auxiliary Patrol Boat ensign.
829, title 14, U.S. Code.
(a) The Coast Guard Auxiliary Patrol
[CGFR 5958, 24 FR 10717, Dec. 25, 1959] Boat ensign is authorized to be flown
on all Auxiliary Operational Facility
5.45 Return of facility.
vessels under orders. The penalty for
A vessel, aircraft, or radio station the unauthorized flying of any ensign,
placed at the disposal of the Coast flag or pennant of the Auxiliary is set
Guard for a specific period, shall be re- forth in 5.67 of this part.
turned at the expiration of such period, (b) The field of the Auxiliary Patrol
unless circumstances or emergent need Boat ensign is white. A medium blue
make the return impracticable at that (Coast Guard blue) Coast Guard Auxil-
time. The Commandant will determine iary emblem is centered on a broad di-
the method, time, and documents to be agonal red (Coast Guard red) slash
exchanged upon the return to the which is at a 70 degree angle, rising to-
owner of any facility. The property ward the hoist. The red (Coast Guard
shall be reinventoried as of the time, red) slash is followed, away from the
date and place of redelivery, and mutu- hoist, by two narrow, parallel stripes,
ally settled by the owner and the rep- first a white stripe and then a medium
resentative of the Coast Guard. Should blue (Coast Guard blue) stripe. The en-
the vessel have been accepted under tire design is centered on the ensign.
emergent conditions, any claim for lost
equipment or stores must be supported [CGD 85073, 52 FR 36760, Oct. 1, 1987]
by invoices showing the date of pur-
chase and the cost thereof by the per- 5.49 Reimbursement for expenses.
son submitting claim therefor. The rep- Any person whose facility has been
resentative of the Coast Guard shall offered to and accepted by the Coast
56
Guard may be reimbursed for the ac- 5.63 Insignia.

tual necessary expenses of operating
Insignia, as authorized by the Sec-
that facility, in accordance with appli- retary, may be purchased from the
cable statutes and the procedures pre- Coast Guard at actual cost and may be
scribed by the Commandant. worn by members of the Auxiliary
[USCG200315404, 68 FR 37740, June 25, 2003] under such circumstances, at such
places, and upon such occasions as may
5.55 Compensation. be prescribed by the Commandant.
No member of the Auxiliary shall re- 5.65 Medals.
ceive any compensation for his services
as a member of the Auxiliary. The Commandant may make awards,
including medals, to members of the
5.57 Traveling expenses and per Auxiliary.
diem.
5.69 Limitations of rights, privileges,
A member of the Auxiliary, when as- and benefits.
signed to specific duties, may be paid
Section 893 of Title 14, U.S. Code,
actual necessary traveling expenses,
reads as follows:
including a per diem allowance, in con-
formity with Comptrollers Manual, Members of the Auxiliary and temporary
U.S. Coast Guard. members of the Reserve shall be entitled
only to such rights, privileges, and benefits
[CGFR 4946, 14 FR 7528, Dec. 16, 1949, as as are specifically set forth for them in this
amended by CGFR 6155, 26 FR 10571, Dec. 28, title or as may be specifically provided for
1961] them in any other Act of Congress. Any Act
of Congress which grants rights, privileges,
5.59 Medical treatment and hos- or benefits generally to military personnel,
pitalization. or among others, to personnel of the Coast
Guard and the Coast Guard Reserve, without
When any member of the Auxiliary is specifically granting such rights, privileges,
physically injured or dies as a result of or benefits to members of the Auxiliary or
physical injury incurred while per- temporary members of the Reserve, shall not
forming patrol duty or any other spe- be deemed applicable to members of the Aux-
iliary or to temporary members of the Re-
cific duty to which he has been as- serve.
signed, such member or his beneficiary
shall be entitled to the same benefits [CGFR 5958, 24 FR 10718, Dec. 25, 1959]
as are now or as may hereafter be pro-
vided for temporary members of the PART 6PROTECTION AND SECU-
Coast Guard Reserve who suffer phys- RITY OF VESSELS, HARBORS, AND
ical injury or death resulting from WATERFRONT FACILITIES
physical injury incurred in line of
duty. Members of the Auxiliary who Subpart 6.01Definitions
contract sickness or disease while per-
Sec.
forming patrol duty or any other spe-
6.011 Commandant.
cific duty to which they have been as- 6.012 District Commander.
signed shall be entitled to the same 6.013 Captain of the Port.
hospital treatment as is afforded mem- 6.014 Waterfront facility.
bers of the Regular Coast Guard. 6.015 Security zone.
6.016 Area Commander.
5.61 Uniforms.
Members of the Auxiliary may pur- Subpart 6.04General Provisions
chase from the Coast Guard at actual 6.041 Enforcement.
cost such uniforms as may be author- 6.045 Preventing access of persons, articles
ized by the Secretary. Such uniforms or things to vessels, or waterfront facili-
may be worn by members of the Auxil- ties.
iary under such circumstances and 6.046 Establishing security zones; prohibi-
tions with respect thereto.
upon such occasions as may be author-
6.047 Visitation, search, and removal.
ized by the Commandant.
6.048 Possession and control of vessels.
57
6.011 33 CFR Ch. I (7112 Edition)
6.0411 Assistance of other agencies. 6.013 Captain of the Port.
Subpart 6.10Identification and Exclusion Captain of the Port as used in this
of Persons From Vessels and Water- part, means the officer of the Coast
front Facilities Guard, under the command of a Dis-
trict Commander, so designated by the
6.101 Issuance of documents and employ- Commandant for the purpose of giving
ment of persons aboard vessels. immediate direction to Coast Guard
6.105 Access to vessels and waterfront fa-
cilities. law enforcement activities within his
6.107 Identification credentials. assigned area. In addition, the District
6.109 Appeals. Commander shall be Captain of the
Port with respect to remaining areas in
Subpart 6.12Supervision and Control of his District not assigned to officers
Explosives or Other Dangerous Cargo designated by the Commandant as Cap-
6.121 General supervision and control.
tain of the Port.
6.123 Approval of facility for dangerous [EO 11249, 30 FR 13001, Oct. 13, 1965]
cargo.
6.014 Waterfront facility.
Subpart 6.14Security of Waterfront
Facilities and Vessels in Port Waterfront facility. Waterfront facil-
ity, as used in this part, means all
6.141 Safety measures. piers, wharves, docks, or similar struc-
6.142 Condition of waterfront facility a tures to which vessels may be secured
danger to vessel.
and naval yards, stations, and installa-
Subpart 6.16Sabotage and Subversive tions, including ranges; areas of land,
Activity water, or land and water under and in
immediate proximity to them; build-
6.161 Reporting of sabotage and subversive ings on them or contiguous to them
activity. and equipment and materials on or in
6.163 Precautions against sabotage. them.
Subpart 6.18Penalties [EO 13143, 64 FR 68273, Dec. 6, 1999]
6.181 Violations. 6.015 Security zone.
Subpart 6.19Responsibility for Security of Security zone as used in this part,
Vessels and Waterfront Facilities means all areas of land, water, or land
and water, which are so designated by
6.191 Primary responsibility. the Captain of the Port for such time
AUTHORITY: 40 Stat. 220, as amended; 50 as he deems necessary to prevent dam-
U.S.C. 191. age or injury to any vessel or water-
SOURCE: E. O. 10173, 15 FR 7012, Oct. 20, front facility, to safeguard ports, har-
1950, unless otherwise noted. bors, territories, or waters of the
CROSS REFERENCE: For regulations imple-
United States or to secure the observ-
menting the general enforcement provisions ance of the rights and obligations of
contained in Subparts 6.01Definitions and the United States.
6.04General Provisions, see part 125 of this [EO 11249, 30 FR 13001, Oct. 13, 1965]
chapter.
6.016 Area Commander.
Subpart 6.01Definitions Area Commander, as used in this part,
6.011 Commandant. means the officer of the Coast Guard
designated by the Commandant to
Commandant as used in this part, command a Coast Guard Area.
means the Commandant of the United
States Coast Guard. [EO 13273, 67 FR 56215, Sept. 3, 2002]
6.012 District Commander. Subpart 6.04General Provisions

District Commander as used in this
part, means the officer of the Coast 6.041 Enforcement.
Guard designated by the Commandant (a) The rules and regulations in this
to command a Coast Guard District. part shall be enforced by the Captain of
58
the Port under the supervision and 6.047 Visitation, search, and re-
general direction of the District Com- moval.
mander, Area Commander, and the The Captain of the Port may cause to
Commandant. All authority and power be inspected and searched at any time
vested in the Captain of the Port by any vessel, waterfront facility, or secu-
the regulations in this part shall be rity zone, or any person, article, or
deemed vested in and may be exercised thing thereon or therein, within the ju-
by the District Commander, Area Com- risdiction of the United States, may
mander, and the Commandant. place guards upon any such vessel, wa-
(b) The rules and regulations in this terfront facility, or security zone and
part may be enforced by any other offi- may remove therefrom any and all per-
cer or petty officer of the Coast Guard sons, articles, or things not specifically
designated by the District Commander, authorized by him to go or remain
Area Commander, or the Commandant. thereon or therein.
(c) Any authority or power under this [EO 11249, 30 FR 13002, Oct. 13, 1965]
part vested in, delegated to, or exer-
cised by a member of the Coast Guard 6.048 Possession and control of ves-
shall be subject to the direction of the sels.
Secretary of the Department in which The Captain of the port may super-
the Coast Guard is operating. vise and control the movement of any
[EO 13273, 67 FR 56215, Sept. 3, 2002] vessel and shall take full or partial
possession or control of any vessel or
6.045 Preventing access of persons, any part thereof, within the territorial
articles or things to vessels, or wa- waters of the United States under his
terfront facilities. jurisdiction, whenever it appears to
The Captain of the Port may prevent him that such action is necessary in
any person, article, or thing from order to secure such vessel from dam-
boarding or being taken or placed on age or injury, or to prevent damage or
board any vessel or entering or being injury to any vessel or waterfront fa-
taken into or upon or placed in or upon cility or waters of the United States,
any waterfront facility whenever it ap- or to secure the observance of rights
pears to him that such action is nec- and obligations of the United States.
essary in order to secure such vessel
6.0411 Assistance of other agencies.
from damage or injury or to prevent
damage or injury to any vessel, or wa- The Captain of the port may enlist
terfront facility or waters of the the aid and cooperation of Federal,
United States, or to secure the observ- State, county, municipal, and private
ances of rights and obligations of the agencies to assist in the enforcement of
United States. regulations issued pursuant to this
part.
[EO 11249, 30 FR 13001, Oct. 13, 1965]
6.046 Establishing security zones; Subpart 6.10Identification and

prohibitions with respect thereto. Exclusion of Persons From
The Captain of a Port may establish Vessels and Waterfront Facili-
security zones subject to the terms and ties
conditions specified in 6.015. No per- 6.101 Issuance of documents and
son or vessel shall enter a security employment of persons aboard ves-
zone without the permission of the sels.
Captain of the Port. No person shall
No person shall be issued a document
board or take or place any article or
required for employment on a mer-
thing on board any vessel in a security
chant vessel of the United States nor
zone without the permission of the
shall any person be employed on a mer-
Captain of the Port. No person shall
chant vessel of the United States un-
take or place any article or thing upon
less the Commandant is satisfied that
any waterfront facility in any such
the character and habits of life of such
zone without such permission.
person are such as to authorize the be-
[EO 11249, 30 FR 13001, Oct. 13, 1965] lief that the presence of the individual
59
6.105 33 CFR Ch. I (7112 Edition)
on board would not be inimical to the composed of one Coast Guard officer,
security of the United States: Provided, one member drawn from management,
That the Commandant may designate and one member drawn from labor. The
categories of merchant vessels to members drawn from management and
which the foregoing shall not apply. labor shall, upon suitable security
[EO 10352, 17 FR 4624, May 21, 1952] clearance, be nominated by the Sec-
retary of Labor. Such members shall be
6.105 Access to vessels and water- deemed to be employees of the United
front facilities. States and shall be entitled to com-
Any person on board any vessel or pensation under the provisions of sec-
any person seeking access to any vessel tion 15 of the act of August 2, 1946 (5
or any waterfront facility within the U.S.C. 55a) while performing duties in-
jurisdiction of the United States may cident to such employment. The Board
be required to carry identification cre- shall consider each appeal brought be-
dentials issued by or otherwise satis- fore it and, in recommending final ac-
factory to the Commandant. The Com- tion to the Commandant, shall insure
mandant may define and designate the appellant all fairness consistent
those categories of vessels and areas of with the safeguarding of the national
the waterfront wherein such creden- security.
tials are required.
6.107 Identification credentials. Subpart 6.12Supervision and
The identification credential to be Control of Explosives or Other
issued by the Commandant shall be Dangerous Cargo
known as the Coast Guard Port Secu-
rity Card, and the form of such creden- 6.121 General supervision and con-
tial, and the conditions and the man- trol.
ner of its issuance shall be as pre- The Captain of the Port may super-
scribed by the Commandant after con- vise and control the transportation,
sultation with the Secretary of Labor. handling, loading, discharging, stow-
The Commandant shall not issue a age, or storage of hazardous materials
Coast Guard Port Security Card unless on board vessels as covered by the reg-
he is satisfied that the character and ulations in 49 CFR parts 170189, 46 CFR
habits of life of the applicant therefor parts 150156, 46 CFR parts 146148 and
are such as to authorize the belief that
the regulations governing tank vessels
the presence of such individual on
(46 CFR parts 3039).
board a vessel or within a waterfront
facility would not be inimical to the [CGD 77228, 43 FR 53427, Nov. 16, 1978]
security of the United States. The
Commandant shall revoke and require 6.123 Approval of facility for dan-
the surrender of a Coast Guard Port gerous cargo.
Security Card when he is no longer sat- The Commandant may designate wa-
isfied that the holder is entitled there- terfront facilities for the handling and
to. The Commandant may recognize for storage of, and for vessel loading and
the same purpose such other creden- discharging, explosives, inflammable or
tials as he may designate in lieu of the
combustible liquids in bulk, or other
Coast Guard Port Security Card.
dangerous articles or cargo covered by
[EO 10277, 16 FR 7541, Aug. 2, 1951] the regulations referred to in 6.121,
and may require the owners, operators,
6.109 Appeals. masters, and others concerned to se-
Persons who are refused employment cure permits for such handling, stor-
or who are refused the issuance of doc- age, loading, and unloading from the
uments or who are required to sur- Captain of the Port, conditioned upon
render such documents, under this sub- the fulfillment of such requirements
part, shall have the right of appeal, and for the safeguarding of such waterfront
the Commandant shall appoint Boards facilities and vessels as the Com-
for acting on such appeals. Each such mandant may prescribe.
Board shall, so far as practicable, be
60
Subpart 6.14Security of Water- and to the captain of the port, or to

front Facilities and Vessels in their respective representatives.
Port 6.163 Precautions against sabotage.
6.141 Safety measures. The master, owner, agent, or oper-
The Commandant, in order to achieve ator of a vessel or waterfront facility
the purposes of this part, may pre- shall take all necessary precautions to
scribe such conditions and restrictions protect the vessel, waterfront facility,
relating to the safety of waterfront fa- and cargo from sabotage.
cilities and vessels in port as he finds
to be necessary under existing cir- Subpart 6.18Penalties
cumstances. Such conditions and re-
strictions may extend, but shall not be 6.181 Violations.
limited to, the inspection, operation, Section 2, Title II of the act of June
maintenance, guarding, and manning 15, 1917, as amended, 50 U.S.C. 192, pro-
of, and fire-prevention measures for, vides as follows:
such vessels and waterfront facilities.
If any owner, agent, master, officer, or per-
[EO 10277, 16 FR 7541, Aug. 2, 1951] son in charge, or any member of the crew of
any such vessel fails to comply with any reg-
6.142 Condition of waterfront facil- ulation or rule issued or order given under
ity a danger to vessel. the provisions of this title, or obstructs or
Whenever the captain of the port interferes with the exercise of any power
finds that the mooring of any vessel to conferred by this title, the vessel, together
a wharf, dock, pier, or other waterfront with her tackle, apparel, furniture, and
equipment, shall be subject to seizure and
structure would endanger such vessel,
forfeiture to the United States in the same
or any other vessel, or the harbor or manner as merchandise is forfeited for viola-
any facility therein by reason of condition of the customs revenue laws; and the
tions existing on or about such wharf, person guilty of such failure, obstruction, or
dock, pier, or other waterfront struc- interference shall be punished by imprison-
ture, including, but not limited to, in- ment for not more than ten years and may,
adequate guard service, insufficient in the discretion of the court, be fined not
lighting, fire hazards, inadequate fire more than $10,000.
protection, unsafe machinery, internal (a) If any other person knowingly fails to
disturbance, or unsatisfactory oper- comply with any regulation or rule issued or
ation, the captain of the port may pre- order given under the provisions of this title,
vent the mooring of any vessel to such or knowingly obstructs or interferes with
the exercise of any power conferred by this
wharf, dock, pier, or other waterfront
title, he shall be punished by imprisonment
structure until the unsatisfactory con-
for not more than ten years and may, at the
dition or conditions so found are cor- discretion of the court, be fined not more
rected, and he may, for the same rea- than $10,000.
sons, after any vessel has been moored,
compel the shifting of such vessel from
any such wharf, dock, pier, or other Subpart 6.19Responsibility for
waterfront structure. Security of Vessels and Water-
front Facilities
[EO 10277, 16 FR 7541, Aug. 2, 1951]
6.191 Primary responsibility.
Subpart 6.16Sabotage and Nothing contained in this part shall
Subversive Activity be construed as relieving the masters,
owners, operators, and agents of ves-
6.161 Reporting of sabotage and
subversive activity. sels or other waterfront facilities from
their primary responsibility for the
Evidence of sabotage or subversive protection and security of such vessels
activity involving or endangering any or waterfront facilities.
vessel, harbor, port, or waterfront fa-
cility shall be reported immediately to [EO 10277, 16 FR 7541, Aug. 2, 1951]
the Federal Bureau of Investigation
61
PART 8UNITED STATES COAST (d) Most Coast Guard Reservists are
GUARD RESERVE fully integrated into active duty Coast
Guard units. There, Reservists perform
Sec. the same duties and have the same re-
8.1 Functions of the Coast Guard Reserve. sponsibilities as their active duty
8.3 Organization of the Coast Guard Re- counterparts. Their integrated work
serve. prepares Reservists to perform the du-
8.5 Regulations for the Coast Guard Re- ties of their mobilization assignments
serve. while at the same time providing as-
8.7 Information. sistance to the active service. Some
AUTHORITY: 14 U.S.C. 633. Reservists are assigned to dedicated
Reserve units where they train and mo-
SOURCE: CGD 79105, 48 FR 36449, Aug. 11,
bilize in support of national defense op-
erations.
8.1 Functions of the Coast Guard Re- [CGD 96026, 61 FR 33662, June 28, 1996]
serve.
(a) The Coast Guard Reserve is a 8.5 Regulations for the Coast Guard
component of the Coast Guard. The Reserve.
Coast Guard Reserve trains personnel (a) Regulations for the Coast Guard
for mobilization and for augmentation Reserve are established by the Com-
of the regular Coast Guard. mandant.
(b) Members of the Coast Guard Re- (b) Permanent regulations are pub-
serve can be used for: lished in Coast Guard publications and
1. Partial or full mobilization under manuals and include the following:
10 U.S.C. 12301; (1) Coast Guard Regulations.
(2) Voluntary or involuntary call-up (2) Coast Guard Organization Manual.
for emergency augmentation of the (3) Coast Guard Reserve Policy Man-
regular Coast Guard during time of se- ual.
rious natural or man-made disaster (4) Personnel Manual.
under 14 U.S.C. 712; and (5) Recruiting Manual.
(3) Augmentation of the regular
(6) Military Justice Manual.
Coast Guard during active duty or in-
(7) Comptroller Manual.
active duty for training.
(c) A member of the Reserve on ac- (c) Temporary regulations and orders
tive duty or inactive duty training has affecting Reservists are included in in-
the same authority, rights, and privi- structions or notices in the Coast
leges in the performance of that duty Guard directives system.
as a member of the regular Coast (d) Other regulations that affect the
Guard of corresponding grade or rating. Reserve are located in Department of
Defense and Department of the Navy
[CGD 79105, 48 FR 36449, Aug. 11, 1983, as regulations in Title 32 of the Code of
amended by CGD 97023, 62 FR 33361, June 19, Federal Regulations.
1997]
[CGD 96026, 61 FR 33662, June 28, 1996, as
8.3 Organization of the Coast Guard amended by CGD 97023, 62 FR 33362, June 19,
Reserve. 1997]
(a) The Coast Guard Reserve is orga-
8.7 Information.
nized, trained and equipped under the
direction of the Commandant. (a) Information concerning the Coast
(b) The Director of Reserve and Guard Reserve may be obtained from
Training is responsible for the overall Commandant (CG13), 2100 2nd St. SW.,
administration and supervision of the Stop 7801, Washington, DC 205937801.
Reserve. (b) Information and requirements for
(c) In Atlantic Area, Integrated Sup- enlistment in the Coast Guard Reserve
port Commands have responsibility for or concerning the procurement of offi-
local Reserve issues; however, in Pa- cers for the Coast Guard Reserve can
cific Area, responsibility for local Re- be obtained from the following offices:
serve issues remains with District (1) Any Coast Guard Recruiting Of-
Commanders. fice.
62
(2) Coast Guard Recruiting Center, the rescue or attempted rescue takes
4200 Wilson Boulevard, Suite 450, Ar- place outside such waters, one or the
lington, VA 22203. other of the parties must be a citizen of
[CGD 96026, 61 FR 33662, June 28, 1996, as
the United States or from a vessel or
amended by USCG20100351, 75 FR 36278, aircraft owned or operated by citizens
June 25, 2010] of the United States. If such rescue or
attempted rescue is made at the risk of
PART 13DECORATIONS, MEDALS, ones own life and evidences extreme
and heroic daring, the medal shall be of
RIBBONS AND SIMILAR DEVICES gold. If such rescue or attempted res-
cue is not sufficiently distinguished to
Subpart 13.01Gold and Silver Lifesaving
deserve the medal of gold but evidences
Medals, Bars, and Miniatures
the exercise of such signal exertion as
Sec. to merit recognition, the medal shall
13.011 General. be of silver. Lifesaving Medals may be
13.015 Gold and Silver Lifesaving Medals. awarded posthumously.
13.0110 Gold and silver bars.
13.0115 Applications and recommendations. 13.0110 Gold and silver bars.
13.0120 Definitions.
13.0125 Description of Gold Lifesaving No person shall receive more than
Medal. one Gold Lifesaving Medal and one Sil-
13.0130 Description of Silver Lifesaving ver Lifesaving Medal; but any person
Medal. who has received or may hereafter re-
13.0135 Description of gold and silver bars. ceive a Gold or Silver Lifesaving Medal
13.0140 Miniature medals and bars.
13.0145 Replacement of medals and bars. and who again performs an act which
would entitle him to receive another
AUTHORITY: Secs. 500, 633, 63 Stat. 536, 545, medal of the same class, may be award-
sec. 6(b)(1), 80 Stat. 938; 14 U.S.C. 500, 633; 49
U.S.C. 1655(b); 49 CFR 1.4 (a)(2) and (f).
ed, in lieu of a second medal of the
same class, a gold or silver bar, as the
SOURCE: CGFR 68134, 33 FR 18932, Dec. 19, case may be, to be worn with the medal
already bestowed, and for every such
additional act, an additional bar may
Subpart 13.01Gold and Silver be awarded. Gold and silver bars may
Lifesaving Medals, Bars, and be awarded posthumously.
Miniatures
13.0115 Applications and rec-
13.011 General. ommendations.
Lifesaving Medals of gold and silver, (a) All administrative details per-
designated as the Gold Lifesaving taining to the award of Lifesaving Med-
Medal and the Silver Lifesaving Medal, als are under the jurisdiction of the
respectively, may be awarded by the Commandant. Applications and rec-
Commandant, U.S. Coast Guard, here- ommendations for the award of a Life-
inafter called the Commandant, under saving Medal may be filed by or in be-
14 U.S.C. 500 and the regulations in this half of the person making or attempt-
subpart to persons rescuing or endeav- ing a rescue under circumstances con-
oring to rescue any other person from templated by the regulations in this
drowning, shipwreck or other peril of subpart. Applications or recommenda-
the water. tions for award of medals or requests
for information pertaining thereto
13.015 Gold and Silver Lifesaving should be addressed to the Commander
Medals. of the Coast Guard District, herein-
Lifesaving Medals may be awarded to after called the District Commander,
any person who rescues or endeavors to where the incident took place. (See
rescue any other person from drown- part 3 of this subchapter for descrip-
ing, shipwreck or other peril of the tions of Coast Guard Districts.) If the
water. In order for a person to be eligi- District is unknown, or if the incident
ble for a Lifesaving Medal the rescue or took place outside any such district,
attempted rescue must take place in applications and recommendations
waters within the United States or sub- should be addressed to the Com-
ject to the jurisdiction thereof, or if mandant, U.S. Coast Guard, 2nd St.
63
13.0115 33 CFR Ch. I (7112 Edition)
SW., Stop 7000, Washington, DC 20593 Chapter II, of the Coast Guard Supple-
7000. ment to the Manual for Courts-Martial
(b) Completed applications must in- (CG241).
clude: (e) Affidavits required by this sub-
(1) Satisfactory evidence of the serv- part shall be made before an officer
ices performed, in the form of affida- duly authorized to administer oaths
vits, made by eyewitnesses of good re- and if taken before an officer without
pute and standing testifying of their an official seal, his official character
own knowledge. The opinion of wit- must be certified by the proper officer
nesses that the person for whom an of a court of record, under the seal
award is sought imperiled his or her thereof, unless the oath be taken be-
own life or made signal exertions is not fore an officer of the Armed Forces au-
sufficient but the affidavits must set thorized to administer oaths under the
forth in detail all facts and occurrences provisions of Article 136, UCMJ (10
tending to show clearly in what man- U.S.C. 936).
ner and to what extent life was risked
(f) Cognizant District Commanders
or signal exertions made so that the
shall act upon all applications and rec-
Commandant may judge for himself as
to the degree of merit involved. ommendations submitted to them from
(2) The precise locality of the rescue whatever source and shall:
or attempted rescue, whether from wa- (1) Forward completed applications
ters within the United States or sub- with his recommendations to the Com-
ject to the jurisdiction thereof, or if mandant for his consideration and de-
the rescue or attempted rescue is out- termination; or,
side such waters, whether one or the (2) Inform the applicant or the person
other of the parties is a citizen of the submitting the recommendation that
United States, or from a vessel or air- he considers such application or rec-
craft owned or operated by citizens of ommendation incomplete together
the United States, shall be stated. The with the reasons therefor and that a
date, time of day, nature of the weath- period of 90 days will be allowed for ad-
er, condition of the water, the names of ditional evidence to be provided upon
all persons present when practicable, the expiration of which he will file the
the names of all persons rendering as- application or recommendation with-
sistance, and all pertinent cir- out further action.
cumstances and data, showing the pre- (g) Whenever the cognizant District
cise nature and degree of risk involved, Commander shall deem such action
should be stated. necessary, he may require that the
(c) Recommendations must include: aforementioned affidavits shall be ac-
(1) As much of the information indi- companied by a certificate showing the
cated in paragraphs (b) (1) and (2) of affiants to be credible persons, cer-
this section which is available to the tified by some U.S. Officer, such as a
person making the recommendation. judge or clerk of a U.S. Court, district
Upon receipt the Commandant or the attorney, collector of customs, post-
cognizant District Commander shall master, or officer of the Armed Forces.
cause such recommendation to be re- If the affiant is a citizen or resident of
ferred to an investigating officer who a foreign country and if the affidavit is
shall cause to be developed such addi- executed in such foreign country, the
tional information and evidence as is credibility certificate may be executed
deemed necessary to either (i) termi- by an officer of such foreign country,
nate the investigation as containing
who occupies an official position simi-
insufficient justification to continue
lar to the aforementioned U.S. officers.
further, or (ii) to complete the applica-
tion for submission to the Com- (h) The decision of the Commandant
mandant for his final determination. on all applications, recommendations,
(d) Either the Commandant or the and investigations for the Gold or Sil-
District Commander may, without any ver Lifesaving Medals shall be final.
application or recommendation, of his [CGFR 68134, 33 FR 18932, Dec. 19, 1968, as
own motion, order an informal inves- amended by USCG20100351, 75 FR 36278,
tigation into such an incident under June 25, 2010]
64
13.0120 Definitions. ure of a woman stands, to the left,

As used in the statutes cited and in holding in her left hand an oak wreath,
the regulations in this subpart: and with her right hand, preparing to
(a) Peril of the water includes all inscribe the name of the recipient on
perils on water caused by, or which are the monument; to the right are
such by reason of, the sea or bodies of grouped a mast, a yard with a sail, an
water such as lakes, bays, sounds and anchor, a sextant, and a laurel branch;
rivers; whenever, wherever and in the whole is encircled by the words:
whatever way human life is directly In testimony of heroic deeds in saving
imperiled by the sea or a body of water life from the perils of the water.
is a peril of the water. (b) Engraving: Before presentation,
(b) A shipwreck includes an inci- the recipients name shall be inscribed
dent threatening persons whose lives on the monument, on the reverse of
are endangered by perils of the water the medal.
as well as those who are, strictly
13.0130 Description of Silver Life-
speaking, no longer in danger from the saving Medal.
sea or a body of water, that peril al-
ready having passed, but who are in (a) The Silver Lifesaving Medal is 99
imminent danger and in great need of percent pure silver and consists of a
succor or rescue, as e.g., being adrift in pendant suspended by a swivel from the
an open boat or stranded on some bar- head of an eagle attached to a silk
ren coast where, without succor or res- grogram ribbon 1 and 38ths inches in
cue, they would die of starvation, width, composed of a 316ths of an inch
thirst, or exposure. blue stripe, a 132d of an inch white
(c) Waters within the United States stripe, a 1516ths of an inch silver gray
or subject to the jurisdiction thereof, stripe, a 132d of an inch white stripe,
embrace all waters within the United and a 332ds of an inch blue stripe. The
States, and any other waters over pendant is 1 and 716ths inches in diame-
which the United States exercises ju- ter and 332ds of an inch in thickness.
risdiction. On the obverse side of the pendant
there appears the figure of a woman
13.0125 Description of Gold Life- hovering over a man struggling in
saving Medal. heavy sea and extending to him one
(a) The Gold Lifesaving Medal is 99.9 end of a long scarf; the whole is encir-
percent pure gold and consists of a cled by the words: United States of
pendant suspended by a swivel from the America, in the upper half, and Act
head of an eagle attached to a silk of Congress, August 4, 1949, in the
grogram ribbon 1 and 38ths inches in lower half. On the reverse there ap-
width, composed of a 316ths of an inch pears a laurel wreath encircled by the
red stripe, a 132d of an inch white words: In testimony of heroic deeds in
stripe, a 1516ths of an inch gold stripe, saving life from the perils of the
a 132d of an inch white stripe, and a water.
316ths of an inch red stripe. The pend- (b) Engraving: Before presentation,
ant is 1 and 716ths inches in diameter the recipients name shall be inscribed
and 332ds of an inch in thickness. There inside the laurel wreath, on the reverse
appear, on the obverse side of the pend- of the medal.
ant, three men in a boat in a heavy sea;
one is rescuing a person clinging to a 13.0135 Description of gold and sil-
spar at the end of which is a block and ver bars.
line; another is standing, prepared to (a) The bar is plain and horizontal,
heave a line; a third is rowing; in the composed of the same metal as the
distance, to the left, is the wreck of a medal previously awarded recipient,
vessel; the whole is encircled by the and is 1 and 58ths inches long by 316ths
words: United States of America, in of an inch wide with a flowing ribbon
the upper half, and Act of Congress, draped over the left end and passing in
August 4, 1949, in the lower half. On back and appearing beneath the bar.
the reverse side of the pendant there The part of the ribbon showing beneath
appears, in the center a monument sur- the bar bears the inscription Act of
mounted by an American eagle; the fig- Congress, August 4, 1949, in raised
65
13.0140 33 CFR Ch. I (7112 Edition)
block letters. The bar and ribbon are in Subpart 17.01General Provisions
folds of a spray of laurel with the leave
showing above and beneath. 17.011 Basis and purpose.
(b) Engraving: Before presentation, In accordance with 10 U.S.C. 2601 (for-
the recipients name shall be inscribed merly the Act of March 11, 1948, secs. 1,
on the obverse of the bar. to 4, 62 Stat. 71, 72); and Treasury De-
partment Order No. 1671, dated Janu-
13.0140 Miniature medals and bars.
ary 16, 1953 (18 FR 671), the regulations
(a) Miniature Gold and Silver Life- in this part are hereby prescribed to
saving Medals and bars are replicas of provide for the acceptance and subse-
the Lifesaving Medals and bars, to be quent use of gifts, devises, or bequests
worn on civilian clothing. Such minia- of property, real or personal, made on
tures are not furnished by the Govern- the condition that they be used for the
ment. benefit of, or in connection with, the
(b) Miniature medals and bars may establishment, operation, mainte-
procured from sources authorized by nance, or administration of any school,
the Commandant, U.S. Coast Guard, to hospital, library, museum, chapel, or
furnish same to persons who produce other institution or organization under
original documentary evidence of hav- the jurisdiction of the United States
ing been awarded the medal or bar for Coast Guard.
which a miniature replica is desired. [CGFR 6136, 26 FR 9321, Oct. 3, 1961]
13.0145 Replacement of medals and 17.0110 Authority to receive gifts.
bars.
(a) The Commandant, United States
The Gold or Silver Lifesaving Medal Coast Guard, may accept, receive, hold,
or bar will be replaced at cost to the or administer gifts, devises, or bequests
applicant upon submitting a statement of property, real or personal, made on
in affidavit form of having been award- the condition that they be used for the
ed a medal or bar and the cir- benefit of, or in connection with, the
cumstances involving loss of same. A establishment, operation, mainte-
Lifesaving Medal or bar, however, may nance, or administration of any school,
be replaced without charge in the dis- hospital, library, museum, chapel, or
cretion of the Commandant, if said other institution or organization under
medal or bar has, under extremely un- the jurisdiction of the United States
usual circumstances, been lost, de- Coast Guard. The Commandant is au-
stroyed or rendered unfit for use with- thorized to pay all necessary fees,
out fault or neglect on the part of the charges, and expenses in connection
person to whom it was awarded. with the conveyance or transfer of any
such gifts, devises, or bequests.
PART 17UNITED STATES COAST (b) The Commandant may authorize
GUARD GENERAL GIFT FUND or designate officers of the United
States Coast Guard to accept gifts, de-
Subpart 17.01General Provisions vises, or bequests.
[CGFR 5318, 18 FR 3171, June 3, 1953, as
Sec.
amended by CGFR 6136, 26 FR 9321, Oct. 3,
17.011 Basis and purpose. 1961]
17.0110 Authority to receive gifts.
Subpart 17.05Administration Subpart 17.05Administration

17.051 Gifts. 17.051 Gifts.
17.055 Acceptance and disbursement of
gifts.
The gifts or bequests may be in
17.0510 Instructions for administration. money or negotiable instrument form.
If in the form of a money order, check,
AUTHORITY: Secs. 92, 633, 63 Stat. 503, as etc., it should be made payable to the
amended, 545, sec. 2601, 70A Stat. 144; 14 Treasurer of the United States.
U.S.C. 92, 633, 10 U.S.C. 2601; Treasury Dept.
Order 1671, 18 FR 671. [CGFR 5318, 18 FR 3171, June 3, 1953]
66
17.055 Acceptance and disburse- PART 19WAIVERS OF NAVIGA-

ment of gifts. TION AND VESSEL INSPECTION
(a) The immediate receiving person LAWS AND REGULATIONS 1
shall give a proper receipt on the prop-
er form used by the United States Sec.
Coast Guard to acknowledge receipt of 19.01 Procedures for effecting individual
waivers of navigation and vessel inspec-
collections to the donor of a gift or be-
tion laws and regulations.
quest of money or for the proceeds 19.04 Vessels requisitioned by the United
from a sale of property received as a States for emergency evacuation.
gift or devise. 19.06 Vessels operated by or chartered to
(b) Gifts or bequests of money, or the Military Sealift Command.
proceeds from sales of property re- 19.07 Chronological record of seamans pre-
ceived as gifts or devises shall be de- vious employment.
posited in the Treasury of the United 19.15 Permits for commercial vessels han-
dling explosives at military installa-
States under symbol and title
tions.
20X8533United States Coast Guard,
General Gift Fund. Funds so deposited AUTHORITY: Sec. 1, 64 Stat. 1120, sec. 6(b)(1),
shall be subject to disbursement by or 80 Stat. 937; 46 U.S.C. note prec. 1, 49 U.S.C.
108; Department of Homeland Security Dele-
at the direction of the Commandant, gation No. 0170.1.
United States Coast Guard, for the ben-
efit or use of the designated school, 19.01 Procedures for effecting indi-
hospital, library, museum, chapel, or vidual waivers of navigation and
other institution or organization under vessel inspection laws and regula-
the jurisdiction of the United States tions.
Coast Guard subject to the terms of the (a) It is hereby found necessary in
particular gift, devise, or bequest. the interest of national defense to
(c) 10 U.S.C. 2601(c) states that any waive compliance with the navigation
gift, devise, or bequest of property, real and vessel inspection laws adminis-
or personal, accepted under these pro- tered by the Coast Guard, as well as
visions shall be deemed to be a gift, de- the regulations issued thereunder and
vise, or bequest to or for the use of the contained in 46 CFR Chapter I or in
United States for the purpose of Fed- this chapter, to the extent and in the
eral income, estate, and gift taxes. manner and upon the terms and condi-
tions as set forth in this section.
[CGFR 5318, 18 FR 3171, June 3, 1953, as (b) An application requesting that a
amended by CGFR 6136, 26 FR 9321, Oct. 3, waiver be made effective with respect
1961] to a particular vessel may be made by
any authorized representative of an
17.0510 Instructions for administra-
tion. agency of the United States Govern-
ment or any other interested person
The Commandant, United States (including the master, agent, or owner
Coast Guard, will issue such detailed of the vessel involved). Except as pro-
instructions as may be necessary for vided in paragraph (d) of this section,
the administration of the United the application shall be in writing. The
States Coast Guard General Gift Fund application shall be delivered to the
or for the acceptance, operation, or Coast Guard District Commander or to
maintenance of property, real or per- his designated representative at the
sonal, that may be accepted for the port or place where the vessel is lo-
benefit of or in connection with any cated. In the case of a vessel in any
school, hospital, library, museum, port or place of the Canal Zone or in
chapel, or other institution or organi- any foreign port or place, the applica-
zation under the jurisdiction of the tion shall be made to the designated
United States Coast Guard subject to representative of the Commandant at
the terms and conditions of any par- such port or place, or if the Coast
Guard has not established facilities in
ticular gift, devise, or bequest.
[CGFR 6136, 26 FR 9321, Oct. 3, 1961] 1 Also codified as 46 CFR part 6.
67
19.04 33 CFR Ch. I (7112 Edition)
such port or place, to the nearest des- to the Commandant and the remaining
ignated representative of the Com- copy kept on file.
mandant at a port or place where such (d) In any case of extreme urgency
facilities have been established. Every the application for a waiver may be
application shall contain a statement made orally and if the Coast Guard
of the particular provisions of law with District Commander (or his designated
respect to which waiver of compliance representative or the designated rep-
is requested, a certification that the resentative of the Commandant, as the
waiver of compliance with such laws case may be) reaches the conclusion re-
with respect to the vessel involved is ferred to in paragraph (b) of this sec-
necessary in the interest of national tion, the waiver shall be made effective
defense and, an outline of the facts without further delay, subject to the
upon which such certification is based. condition that the application be re-
The Coast Guard District Commander duced to writing and delivered within
(or his designated representative or the such period after the date of the oral
designated representative of the Com- request as the Coast Guard officer
mandant, as the case may be) shall making the waiver effective shall
promptly examine every application specify in the order.
for the purpose of determining whether (e) No penalty shall be imposed be-
the necessity for prompt action is such cause of failure to comply with any
as to require that the waiver be made provision of law (or regulation, if any),
effective by him without reference to the waiver of which has been made ef-
the Commandant. In any case in which fective pursuant to the requirements in
it appears to the Coast Guard officer this section.
concerned that reference of the appli- [CGFR 5110, 16 FR 1959, Mar. 1, 1951]
cation to the Commandant for action
would not delay the sailing of the ves- 19.04 Vessels requisitioned by the
sel or otherwise be contrary to the in- United States for emergency evacu-
terest of national defense, the applica- ation.
tion shall be so referred. In all other Pursuant to the request of the Acting
cases such Coast Guard officer shall Secretary of Defense, dated November
give immediate consideration to the 21, 1951, made under the provisions of
application and if he reaches the con- section 1 of Pub. L. 891, 81st Congress,
clusion that the urgency of the situa- approved December 27, 1950, compliance
tion outweighs the marine hazard in- is hereby waived with the provisions of
volved, then such waiver shall be made the navigation and vessel inspection
effective in regard to such vessel to the laws administered by the United States
extent and under the circumstances Coast Guard, as well as the regulations
specified by him. issued thereunder and contained in this
(c) The Coast Guard officer making chapter, to the extent necessary to per-
such a waiver effective pursuant to mit the operation of vessels which
paragraph (b) of this section shall im- might be requisitioned by the United
mediately prepare, in triplicate, an States for the purpose of emergency
order setting forth the name of the ves- evacuation.
sel involved, the laws (also regulations,
if any) with respect to which the waiv- [CGFR 5161, 16 FR 12792, Dec. 20, 1951]
er is effective, the extent to which
compliance with such laws (also regu- 19.06 Vessels operated by or char-
lations, if any) is waived, and the pe- tered to Military Sealift Command.
riod for which the waiver shall be effec- (a) Pursuant to the request of the
tive. If practicable, one copy of this Deputy Secretary of Defense, dated Au-
order shall be delivered to the master gust 6, 1958, and to the request of the
of the vessel involved before such ves- Assistant Secretary of Defense, Instal-
sel sails. In any case where the order is lations and Logistics, dated May 23,
not delivered to the master, it shall be 1964, made under the provisions of sec-
delivered to the owner, operator, or tion 1 of Pub. L. 891, 81st Congress, ap-
agent of the vessel without delay. One proved December 27, 1950 (64 Stat. 1120;
copy of the order shall be transmitted 46 U.S.C., note preceding section 1), and
68
their findings that a waiver is nec- shall immediately prepare, in quadru-

essary in the interest of national de- plicate, an order setting forth:
fense, compliance with the provisions (1) The name and official number of
of the navigation and vessel inspection the vessel involved;
laws administered by the United States (2) The laws and/or regulations with
Coast Guard, as well as the regulations respect to which the waiver is effec-
issued thereunder and contained in 33 tive;
CFR Chapter I, or in this chapter, is (3) The extent to which compliance
hereby waived to the extent and upon with such laws and/or regulations is
the terms and conditions as set forth in waived; and
this section, in order to permit vessels (4) The period for which the waiver
operated by or chartered to the Mili- shall be effective.
tary Sealift Command to carry out (d) If practicable, one copy of this
their assigned missions. waiver order shall be delivered to the
(b) An application requesting that master of the vessel involved before
this waiver be made effective with re- such vessel sails. In any case where the
spect to a particular vessel may be waiver order is not delivered to the
made by the Commander, Military Sea- master, it shall be delivered to the
lift Command, or any one of his duly owner, operator, or agent of the vessel
designated representatives. Except as without delay. One copy of the waiver
provided in paragraph (e) of this sec- order shall be delivered to the Com-
tion, the application shall be in writ- mander, Military Sealift Command, or
ing. The application shall be delivered his duly designated representative, who
to the Coast Guard District Com- submitted the application. One copy of
mander or to his designated represent- the waiver order shall be transmitted
ative at the port or place where the to the Commandant (CG-543) and the
vessel is located. In the case of a vessel remaining copy kept on file.
in any foreign port or place, the appli- (e) In any case of extreme urgency,
cation shall be made to the designated the application for a waiver order may
representative of the Commandant at be made orally and if the Coast Guard
such port or place, or if the Coast District Commander (or his designated
Guard has not established facilities in representative, or the designated rep-
such port or place, to the nearest des- resentative of the Commandant, or the
ignated representative of the Com- Commandant, as the case may be), de-
termines that the conditions in this
mandant at a port or place where such
section have been met, the waiver
facilities have been established, or to
order shall be made effective without
the Commandant (CG543), 2100 2nd St.
further delay, subject to the condition
that the application be reduced to writ-
7000. Every application shall:
ing and delivered within such period
(1) Describe the laws and/or regula- after the date of the oral request as the
tions by appropriate references and/or Coast Guard officer making the waiver
subjects with respect to which the effective shall specify in the con-
waiver of compliance is desired; firming written waiver order.
(2) Contain a certification that the (f) No penalty shall be imposed be-
waiver of compliance with such laws cause of failure to comply with any
and/or regulations with respect to the provision of law and/or regulation, the
vessel involved is necessary in the in- waiver of which has been made effec-
terest of national defense and is nec- tive pursuant to the requirements of
essary for the Military Sealift Com- this section.
mand to carry out an assigned mission; (g) This waiver order shall remain in
(3) The name and official number of effect until terminated by proper au-
the vessel involved (including the thority and notice of cancellation is
names of master, agent, and owner of published in the FEDERAL REGISTER.
the vessel involved); and
[CGFR 6486, 30 FR 88, Jan. 6, 1965, as amend-
(4) For how long the waiver is needed. ed by CGD 88052, 53 FR 25119, July 1, 1988;
(c) The Coast Guard officer making CGD 96026, 61 FR 33662, June 28, 1996; USCG
the waiver in paragraph (a) of this sec- 200418057, 69 FR 34925, June 23, 2004; USCG
tion effective for a particular vessel 20100351, 75 FR 36278, June 25, 2010]
69
19.07 33 CFR Ch. I (7112 Edition)
19.07 Chronological record of sea- PART 20RULES OF PRACTICE,

mans previous employment. PROCEDURE, AND EVIDENCE
(a) Compliance is hereby waived with FOR FORMAL ADMINISTRATIVE
regard to the provisions of subsection PROCEEDINGS OF THE COAST
(h) of R.S. 4551, as amended (46 U.S.C. GUARD
643), to the extent necessary to permit
the Commandant of the United States Subpart AGeneral
Coast Guard to issue a chronological
record of a seamans previous employ- Sec.
ment on a single document, in lieu of 20.101 Scope.
20.102 Definitions.
making individual entry in a duplicate
20.103 Construction and waiver of rules.
continuous discharge book or fur-
nishing individual certificates of dis- Subpart BAdministrative Law Judges
charge.
(b) It is hereby found that the 20.201 Assignment.
waiving of the provisions of R.S. 20.202 Powers.
4551(h), as amended (46 U.S.C. 643), is 20.203 Unavailability.
20.204 Withdrawal or disqualification.
necessary in the interest of national
20.205 Ex parte communications.
defense. 20.206 Separation of functions.
[CGFR 519, 16 FR 1829, Feb. 27, 1951, as
amended by CGFR 594a, 24 FR 3055, Apr. 21, Subpart CPleadings and Motions
1959]
20.301 Representation.
CROSS REFERENCE: See 49 CFR 7.93 for the 20.302 Filing of documents and other mate-
fee for this record. rials.
20.303 Form and content of filed documents.
19.15 Permits for commercial vessels 20.304 Service of documents.
handling explosives at military in- 20.305 Amendment or supplementation of
stallations. filed documents.
20.306 Computation of time.
Pursuant to the request of the Sec- 20.307 Complaints.
retary of Defense in a letter dated Oc- 20.308 Answers.
tober 19, 1955, made under the provi- 20.309 Motions.
sions of section 1 of the act of Decem- 20.310 Default by respondent.
ber 27, 1950 (64 Stat. 1120; 46 U.S.C., 20.311 Withdrawal or dismissal.
note prec. 1), I hereby waive in the in-
terest of national defense compliance Subpart DProceedings
with the provisions of R.S. 4472, as 20.401 Initiation of administrative pro-
amended (46 U.S.C. 170), and the regula- ceedings.
tions promulgated thereunder in part 20.402 Public notice.
146 of this chapter to the extent that 20.403 Consolidation and severance.
no quantitative restrictions, based on 20.404 Interested persons.
considerations of isolation and remote-
ness, shall be required by the Coast Subpart EConferences and Settlements
Guard for commercial vessels loading 20.501 Conferences.
or unloading explosives at the Depart- 20.502 Settlements.
ment of Defense waterfront installa-
tions. This waiver shall not relieve a Subpart FDiscovery
commercial vessel loading or unloading
20.601 General.
explosives at the Department of De-
20.602 Amendatory or supplementary re-
fense waterfront installations from the sponses.
requirement of securing a permit from 20.603 Interrogatories.
the Coast Guard for such operations 20.604 Requests for production of documents
with respect to quantitative or other or things, for inspection or other pur-
restrictions imposed by the Coast poses.
Guard on the basis of each vessels abil- 20.605 Depositions.
ity to meet prescribed stowage and 20.606 Protective orders.
handling requirements. 20.607 Sanctions for failure to comply.
20.608 Subpoenas.
[CGFR 5549, 20 FR 8638, Nov. 23, 1955] 20.609 Motions to quash or modify.
70
Subpart GHearings 20.1209 Appeals of ALJs decisions.
20.701 Standard of proof. Subpart MSupplementary Evidentiary

20.702 Burden of proof. Rules for Suspension and Revocation
20.703 Presumptions. Hearings
20.704 Scheduling and notice of hearings.
20.705 Failure to appear. 20.1301 Purpose.
20.1303 Authentication and certification of
20.706 Witnesses.
extracts from shipping articles,
20.707 Telephonic testimony. logbooks, and the like.
20.708 Witnesses fees. 20.1305 Admissibility and weight of entries
20.709 Closing of the record. from logbooks.
20.710 Proposed findings, closing arguments, 20.1307 Use of judgments of conviction.
and briefs. 20.1309 Admissibility of respondents crimi-
nal records and records with the Coast
Subpart HEvidence Guard before entry of findings and con-
clusions.
20.801 General. 20.1311 Admissions by respondent.
20.802 Admissibility of evidence. 20.1313 Medical examination of respondents.
20.803 Hearsay evidence. 20.1315 Submission of prior records and evi-
20.804 Objections and offers of proof. dence in aggravation or mitigation.
20.805 Proprietary information. AUTHORITY: 33 U.S.C. 1321; 42 U.S.C. 9609; 46
20.806 Official notice. U.S.C. 7701, 7702; Department of Homeland
20.807 Exhibits and documents. Security Delegation No. 0170.1, para. 2(73).
20.808 Written testimony. SOURCE: CGD 983472, 64 FR 28062, May 24,
20.809 Stipulations. 1999, unless otherwise noted.
Subpart IDecisions Subpart AGeneral

20.901 Summary decisions.
20.101 Scope.
20.902 Decisions of the ALJ.
20.903 Records of proceedings. Except as otherwise noted, the rules
20.904 Reopening. of practice, procedure, and evidence in
this part apply to the following sub-
Subpart JAppeals jects of administrative proceedings be-
fore the United States Coast Guard:
20.1001 General. (a) Class II civil penalties assessed
20.1002 Records on appeal. under subsection 311(b) of the Federal
20.1003 Procedures for appeal. Water Pollution Control Act (33 U.S.C.
20.1004 Decisions on appeal.
1321(b)(6)).
(b) Class II civil penalties assessed
Subpart KFinality, Petitions for Hearing,
under section 109 of the Comprehensive
and Availability of Orders
Environmental Response, Compensa-
20.1101 Finality. tion, and Liability Act (42 U.S.C.
20.1102 Petitions to set aside decisions and 9609(b)).
provide hearings for civil penalty pro- (c) Suspensions and revocations con-
ceedings. ducted under 46 U.S.C. Chapter 77.
20.1103 Availability of decisions.
20.102 Definitions.
Subpart LExpedited Hearings Administrative Law Judge or ALJ
20.1201 Application.
means any person designated by the
20.1202 Filing of pleadings.
Commandant under paragraph 556(b)(3)
20.1203 Commencement of expedited hear- of the Administrative Procedure Act
ings. (APA) (5 U.S.C. 556(b)(3)) to conduct
20.1205 Motion for return of temporarily hearings arising under 33 U.S.C. 1321(b);
suspended merchant mariner credential, 42 U.S.C. 9609(b); or 46 U.S.C. Chapter
license, certificate of registry, or docu- 77.
ment. Chief Administrative Law Judge or
20.1206 Discontinuance of expedited hear- Chief ALJ means the Administrative
ings. Law Judge appointed as the Chief Ad-
20.1207 Pre-hearing conferences. ministrative Law Judge of the Coast
20.1208 Expedited hearings. Guard by the Commandant.
71
20.103 33 CFR Ch. I (7112 Edition)
Class II Civil penalty proceeding means identification, and certificate of serv-

a trial-type proceeding for the assess- ice.
ment of a civil penalty that affords an Motion means a request for an order
opportunity for an oral, fact-finding or ruling from an ALJ.
hearing before an ALJ. Party means a respondent or the
Coast Guard Representative means an Coast Guard.
official of the Coast Guard designated Person means an individual, a part-
to prosecute an administrative pro- nership, a corporation, an association,
ceeding. a public or private organization, or a
Commandant means the Commandant governmental agency.
of the Coast Guard. It includes the Personal delivery means delivery by
Vice-Commandant of the Coast Guard hand or in person, or through use of a
acting on behalf of the Commandant in contract service or an express-courier
any matter. service. It does not include use of gov-
Complaint means a document issued ernmental interoffice mail.
by a Coast Guard representative alleg- Pleading means a complaint, an an-
ing a violation for which a penalty may swer, and any amendment to such doc-
be administratively assessed under 33 ument permitted under this part.
U.S.C. 1321(b) or 42 U.S.C. 9609(b), or a Respondent means a person charged
merchant mariner credential, mari- with a violation in a complaint issued
ners license, certificate of registry, or under this part.
document suspended or revoked under Suspension and revocation proceeding
46 U.S.C. 7703 or 7704. or S&R proceeding means a trial-type
Credential means any or all of the fol- proceeding for the suspension or rev-
lowing: ocation of a merchant mariners cre-
(1) Merchant mariners document. dential, license, certificate of registry,
(2) Merchant mariners license. or document issued by the Coast Guard
(3) STCW endorsement. that affords an opportunity for an oral,
fact-finding hearing before an ALJ.
(4) Certificate of registry.
(5) Merchant mariner credential. [CGD 983472, 64 FR 28062, May 24, 1999, as
Hearing Docket Clerk means an em- amended at, USCG200624371, 74 FR 11211,
ployee of the Office of the Chief ALJ Mar. 16, 2009]
who is responsible for receiving docu- 20.103 Construction and waiver of
ments, determining their completeness rules.
and legibility, and distributing them to
ALJs and others, as required by this (a) Each person with a duty to con-
part. strue the rules in this part in an ad-
Interested person means a person who, ministrative proceeding shall construe
as allowed in 20.404, files written com- them so as to secure a just, speedy, and
ments on a proposed assessment of a inexpensive determination.
class II civil penalty or files written (b) Except to the extent that a waiv-
notice of intent to present evidence in er would be contrary to law, the Com-
any such hearing held on the proposed mandant, the Chief ALJ, or a presiding
assessment. ALJ may, after notice, waive any of
the rules in this part either to prevent
Mail means first-class, certified, or
undue hardship or manifest injustice or
registered matter sent by the Postal
to secure a just, speedy, and inexpen-
Service, or matter sent by an express-
sive determination.
courier service.
(c) Absent a specific provision in this
Merchant mariner credential or MMC
part, the Federal Rules of Civil Proce-
means the credential issued by the
dure control.
Coast Guard under 46 CFR part 10. It
combines the individual merchant
mariners document, license, and cer- Subpart BAdministrative Law
tificate of registry enumerated in 46 Judges
U.S.C. subtitle II part E as well as the
STCW endorsement into a single cre- 20.201 Assignment.
dential that serves as the mariners An ALJ, assigned by the Chief ALJ
qualification document, certificate of after receipt of the complaint, shall
72
preside over each administrative pro- he shall disqualify herself or himself

ceeding under this part. and withdraw from the proceeding. If
the ALJ does not disqualify herself or
20.202 Powers. himself and withdraw from the pro-
The ALJ shall have all powers nec- ceeding, the ALJ shall carry on with
essary to the conduct of fair, fast, and the proceeding, or, if a hearing has con-
impartial hearings, including the pow- cluded, issue a decision.
ers to (2) If an ALJ denies a motion to dis-
(a) Administer oaths and affirma- qualify herself or himself, the moving
tions; party may, according to the procedures
(b) Issue subpoenas authorized by in subpart J of this part, appeal to the
law; Commandant once the hearing has con-
(c) Rule on motions; cluded. When that party does appeal,
(d) Order discovery as provided for in the ALJ shall forward the motion, the
this part; affidavit, and supporting evidence to
(e) Hold hearings or settlement con- the Commandant along with the rul-
ferences; ing.
(f) Regulate the course of hearings;
(g) Call and question witnesses; 20.205 Ex parte communications.
(h) Issue decisions; Ex parte communications are gov-
(i) Exclude any person from a hearing erned by subsection 557(d) of the Ad-
or conference for disrespect, or dis- ministrative Procedure Act (5 U.S.C.
orderly or rebellious conduct; and 557(d)).
(j) Institute policy authorized by the
Chief ALJ. 20.206 Separation of functions.
20.203 Unavailability. (a) No ALJ may be responsible to, or
(a) If an ALJ cannot perform the du- supervised or directed by, an officer,
ties described in 20.202 or otherwise employee, or agent who investigates
becomes unavailable, the Chief ALJ for or represents the Coast Guard.
shall designate a successor. (b) No officer, employee, or agent of
(b) If a hearing has commenced and the Coast Guard who investigates for
the assigned ALJ cannot proceed with or represents the Coast Guard in con-
it, a successor ALJ may. The successor nection with any administrative pro-
ALJ may, at the request of a party, re- ceeding may, in that proceeding or one
call any witness whose testimony is factually related, participate or advise
material and disputed, and who is in the decision of the ALJ or of the
available to testify again without Commandant in an appeal, except as a
undue burden. The successor ALJ may, witness or counsel in the proceeding or
within his or her discretion, recall any the appeal.
other witness.
Subpart CPleadings and
20.204 Withdrawal or disqualifica- Motions
tion.
(a) An ALJ may disqualify herself or 20.301 Representation.
himself at any time. (a) A party may appear
(b) Until the filing of the ALJs deci-
(1) Without counsel;
sion, either party may move that the
ALJ disqualify herself or himself for (2) With an attorney; or
personal bias or other valid cause. The (3) With other duly authorized rep-
party shall file with the ALJ, promptly resentative.
upon discovery of the facts or other (b) Any attorney, or any other duly
reasons allegedly constituting cause, authorized representative, shall file a
an affidavit setting forth in detail the notice of appearance. The notice must
reasons. indicate
(1) The ALJ shall rule upon the mo- (1) The name of the case, including
tion, stating the grounds for the rul- docket number if assigned;
ing. If the ALJ concludes that the mo- (2) The person on whose behalf the
tion is timely and meritorious, she or appearance is made; and
73
20.302 33 CFR Ch. I (7112 Edition)
(3) The persons and the representa- sponse period begins when properly
tives mailing addresses and telephone served.
numbers.
(c) Any attorney or other duly au- 20.303 Form and content of filed doc-
uments.
thorized representative shall also file a
notice, including the items listed in (a) Each filed document must clear-
paragraph (a) of this section, for any ly
withdrawal of appearance. (1) State the title of the case;
(d) Any attorney shall be a member (2) State the docket number of the
in good standing of the bar of the high- case, if one has been assigned;
est court of a State, the District of Co- (3) Designate the type of filing (for
lumbia, or any territory or common- instance: petition, notice, or motion to
wealth of the United States. A personal dismiss);
representation of membership is suffi- (4) Identify the filing party by name
cient proof, unless the ALJ orders and capacity acted in; and
more evidence. (5) State the address, telephone num-
(e) Any person who would act as a ber, and any fax number of the filing
duly authorized representative and who party and, if that party is represented,
is not an attorney shall file a state- the name, address, telephone number,
ment setting forth the basis of his or and any fax number of the representa-
her authority to so act. The ALJ may tive.
deny appearance as representative to (b) Each filed document must
any person who, the ALJ finds, lacks (1) Measure 812 by 11 inches, except
the requisite character, integrity, or that a table, chart, or other attach-
proper personal conduct. ment may be larger if folded to the size
of the filed document to which it is
20.302 Filing of documents and other physically attached;
materials. (2) Be printed on just one side of the
page and be clearly typewritten, print-
(a) The proper address at which to ed, or otherwise reproduced by a proc-
file all documents and other materials ess that yields legible and permanent
relating to an administrative pro- copies;
ceeding is: U.S. Coast Guard Adminis- (3) Be double-spaced except for foot-
trative Law Judge Docketing Center; notes and long quotations, which may
Attention: Hearing Docket Clerk; be single-spaced;
Room 412; 40 S. Gay Street; Baltimore, (4) Have a left margin of at least 112
MD 212014022. inches and other margins of at least 1
(b) The telephone number is: 410962 inch; and
5100. (5) Be bound on the left side, if
(c) The fax number is: 4109621746. bound.
(d) The appropriate party shall file (c) Each filed document must be in
with the Hearing Docket Clerk an exe- English or, if in another language, ac-
cuted original of each document (in- companied by a certified translation.
cluding any exhibit and supporting af- The original of each filed document
fidavit). must be signed by the filing party or
(e) A party may file by mail or per- her or his representative. Unless the
sonal delivery. The ALJ or the Hearing rules in this part or the ALJ requires it
Docket Clerk may permit other meth- to be verified or accompanied by an af-
ods, such as fax or other electronic fidavit, no filed document need be. The
means. signature constitutes a certification by
(f) When the Hearing Docket Clerk the signer that she or he has read the
determines that a document, or other document; that, to the best of her or
material, offered for filing does not his knowledge, information, and belief,
comply with requirements of this part, the statements made in it are true; and
the Clerk will accept it, and may ad- that she or he does not intend it to
vise the person offering it of the defect, cause delay.
and require that person to correct the (d) Complaints, answers, and simple
defect. If the defect is failure to serve motions may employ forms approved
copies on other parties, the parties re- for use in proceedings of the Coast
74
Guard instead of the format set out in TABLE 20.304(d)HOW TO SERVE FILED
this section. DOCUMENTSContinued
20.304 Service of documents. Type of filed Acceptable methods of service

document
(a) The ALJ shall serve upon each
(4) Any other filed (i) Mail.
party to the proceeding a copy of each document. (ii) Personal delivery.
document issued by the ALJ in it. The (iii) Express-courier service.
ALJ shall serve upon each interested (iv) Fax.
(v) Other electronic means (at the dis-
person, as determined under 20.404, a cretion of the ALJ).
copy of the notice of hearing. Unless
this part provides otherwise, the ALJ (e)(1) Unless the ALJ orders other-
shall upon request furnish to each such wise, if a party files a document under
interested person a copy of each docu- 20.302, the party must serve a copy to
ment filed with the Hearing Docket the person indicated in this table.
Clerk or issued by the ALJ.
(b) Unless the ALJ orders otherwise, TABLE 20.304(e)WHO RECEIVES COPIES OF
each person filing a document with the FILED DOCUMENTS
Hearing Docket Clerk shall serve upon
each party a copy of it. If a party Then the serving party must serve
(c) If a party filing a document must Is represented ........ The counsel or other representative.
serve a copy of it upon each party, each Is not represented .. The party.
copy must bear a certificate of service,
signed by or on behalf of the filing (2) Service upon counsel or represent-
party, stating that she or he has so ative constitutes service upon the per-
served it. The certificate shall be in son to be served.
substantially the following form: (f) The serving party must send serv-
I hereby certify that I have served the fore- ice copies to the address indicated in
going document[s] upon the following parties this table.
(or their designated representatives) to this
proceeding at the addresses indicated by TABLE 20.304(f)WHERE TO SEND SERVICE
[specify the method]: COPIES
(1) [name, address of party]
Then the serving party must send the
(2) [name, address of party] If the party copies to
Done at llllllllll, this llll
day of llllll, 19ll or 20ll. Is represented ........ The address of the counsel or rep-
resentative.
[Signature]
Is not represented .. The last known address of the resi-
For dence or principal place of business
of the person to be served.
[Capacity].
(d) This table describes how to serve (g) This table describes when service
filed documents. of a filed document is complete.
TABLE 20.304(d)HOW TO SERVE FILED TABLE 20.304(g)WHEN SERVICE IS COMPLETE
DOCUMENTS
If method of service Then service is complete when the
Type of filed used is document is
Acceptable methods of service
document
(1) Personal deliv- (i) Handed to the person to be served.
(1) Complaint ......... (i) Certified mail, return receipt re- ery (Complaint or (ii) Delivered to the persons office dur-
quested. Default Motion). ing business hours.
(ii) Personal delivery. (iii) Delivered to the persons residence
(iii) Express-courier service that has re- and service made to a person of
ceipt capability. suitable age and discretion residing
(2) Default Motion .. (i) Certified mail, return receipt re- at the individuals residence.
quested. (2) Personal deliv- (i) Handed to the person to be served.
(ii) Personal delivery. ery (all other filed (ii) Delivered to the persons office dur-
(iii) Express-courier service that has re- documents). ing business hours.
ceipt capability. (iii) Delivered to the persons residence
(3) Answer .............. (i) Mail. and deposited in a conspicuous
(ii) Personal delivery. place.
(iii) Express-courier service.
(iv) Fax.
75
20.305 33 CFR Ch. I (7112 Edition)
TABLE 20.304(g)WHEN SERVICE IS (2) If the last day of the period is a

COMPLETEContinued Saturday, Sunday, or Federal holiday,
we extend the period to the next busi-
If method of service Then service is complete when the
used is document is ness day.
(3) If the period is 7 days or less, we
(3) Certified Mail or (i) Delivered to the persons residence do not include Saturdays, Sundays, or
express-courier and signed for by a person of suit-
(Complaint or De- able age and discretion residing at Federal holidays.
fault Motion). the individuals residence. (b) If you were served a document (by
(ii) Delivered to the persons office dur- domestic mail) that requires or per-
ing business hours and signed for by
a person of suitable age and discre- mits a response, you may add 3 days to
tion. any period for response.
(4) Mail or express- (i) Mailed (postmarked). (c) If you need additional time to file
courier service (ii) Deposited with express-courier a response, follow the rules in these ta-
(all other filed service.
documents). bles.
(5) Fax or other Transmitted. (1) You may request an extension
electronic means.
TABLE 20.306(c)(1)HOW TO REQUEST AN
(h) If a person refuses to accept deliv- EXTENSION
ery of any document or fails to claim a
properly addressed document other If the response pe- By
riod
than a complaint sent under this sub-
part, the Coast Guard considers the Has not expired ...... Telephone, letter, or motion.
document served anyway. Service is Has expired ............ Only by motion describing why the fail-
ure to file was excusable.
valid at the date and the time of mail-
ing, of deposit with a contract service
(2) You file your request as follows:
or express-courier service, or of refusal
to accept delivery. TABLE 20.306(c)(2)WHERE TO FILE AN
[CGD 983472, 64 FR 28062, May 24, 1999; 64 FR EXTENSION REQUEST
34540, June 28, 1999, as amended by USCG
20007223, 65 FR 40054, June 29, 2000] Then you file your
If request with the
20.305 Amendment or supplemen- An ALJ has not been assigned ............. Hearing Docket
tation of filed documents. Clerk.
An ALJ has been assigned ................... ALJ.
(a) Each party or interested person Your case is on appeal .......................... Hearing Docket
shall amend or supplement a pre- Clerk.
viously filed pleading or other docu-
ment if she or he learns of a material 20.307 Complaints.
change that may affect the outcome of
the administrative proceeding. How- (a) The complaint must set forth
ever, no amendment or supplement (1) The type of case;
may broaden the issues without an op- (2) The statute or rule allegedly vio-
portunity for any other party or inter- lated;
ested person both to reply to it and to (3) The pertinent facts alleged; and
prepare for the broadened issues. (4)(i) The amount of the class II civil
(b) The ALJ may allow other amend- penalty sought; or
ments or supplements to previously (ii) The order of suspension or rev-
filed pleadings or other documents. ocation proposed.
(c) Each party or interested person (b) The Coast Guard shall propose a
shall notify the Hearing Docket Clerk, place of hearing when filing the com-
the ALJ, and every other party or in- plaint.
terested person, or her or his represent- (c) The complaint must conform to
ative, of any change of address. the requirements of this subpart for fil-
ing and service.
20.306 Computation of time.
(a) We compute time periods as fol- 20.308 Answers.
lows: (a) The respondent shall file a writ-
(1) We do not include the first day of ten answer to the complaint 20 days or
the period. less after service of the complaint. The
76
answer must conform to the require- may summarily deny any dilatory, re-
ments of this subpart for filing and petitive, or frivolous motion.
service.
(b) The person filing the answer 20.310 Default by respondent.
shall, in the answer, either agree to the (a) The ALJ may find a respondent in
place of hearing proposed in the com- default upon failure to file a timely an-
plaint or propose an alternative. swer to the complaint or, after motion,
(c) Each answer must state whether upon failure to appear at a conference
the respondent intends to contest any or hearing without good cause shown.
of the allegations set forth in the com- (b) Each motion for default must con-
plaint. It must include any affirmative form to the rules of form, service, and
defenses that the respondent intends to filing of this subpart. Each motion
assert at the hearing. The answer must must include a proposed decision and
admit or deny each numbered para- proof of service under section 20.304(d).
graph of the complaint. If it states that The respondent alleged to be in default
the respondent lacks sufficient knowl- shall file a reply to the motion 20 days
edge or information to admit or deny a or less after service of the motion.
particular numbered paragraph, it de- (c) Default by respondent con-
nies that paragraph. If it does not spe- stitutes, for purposes of the pending ac-
cifically deny a particular numbered tion only, an admission of all facts al-
paragraph, it admits that paragraph. leged in the complaint and a waiver of
(d) A respondents failure without her or his right to a hearing on those
good cause to file an answer admits facts.
each allegation made in the complaint. (d) Upon finding a respondent in de-
fault, the ALJ shall issue a decision
20.309 Motions. against her or him.
(e) For good cause shown, the ALJ
(a) A person may apply for an order
may set aside a finding of default.
or ruling not specifically provided for
in this subpart, but shall apply for it 20.311 Withdrawal or dismissal.
by motion. Each written motion must
comply with the requirements of this (a) An administrative proceeding
subpart for form, filing, and service. may end in withdrawal without any act
Each motion must state clearly and by an ALJ in any of the following
concisely ways:
(1) By the filing of a stipulation by
(1) Its purpose, and the relief sought;
all parties who have appeared in the
(2) Any statutory or regulatory au-
proceeding.
thority; and (2) By the filing of a notice of with-
(3) The facts constituting the drawal by the Coast Guard representa-
grounds for the relief sought. tive at any time before the respondent
(b) A proposed order may accompany has served a responsive pleading.
a motion. (3) With respect to a complaint filed
(c) Each motion must be in writing; under section 311(b)(6) of the Federal
except that one made at a hearing will Water Pollution Control Act (33 U.S.C.
be sufficient if stated orally upon the 1321(b)(6)) or section 109(d) of the Com-
record, unless the ALJ directs that it prehensive Environmental Response,
be reduced to writing. Compensation and Liability Act (42
(d) Except as otherwise required by U.S.C. 9609(b)), by the filing of
this part, a party shall file any re- (i) A notice of withdrawal by the
sponse to a written motion 10 days or Coast Guard representative at any
less after service of the motion. When a time after the respondent has served a
party makes a motion at a hearing, an responsive pleading, but before the
oral response to the motion made at issuance of an order assessing or deny-
the hearing is timely. ing a class II civil penalty, together
(e) Unless the ALJ orders otherwise, with
the filing of a motion does not stay a (ii) A certification by the representa-
proceeding. tive that the filing of the notice is due
(f) The ALJ will rule on the record ei- to a request by the Attorney General
ther orally or in writing. She or he in accordance with subsection 10(d) of
77
20.401 33 CFR Ch. I (7112 Edition)
Executive Order 12777 (56 FR 54757; 3 this part or impair the right of any
CFR, 1991 Comp., p. 351)that the party to place any matters at issue.
Coast Guard refrain from conducting (b) Unless directed otherwise by the
an administrative proceeding. Chief ALJ, a presiding ALJ may, either
(b) Unless the stipulation or notice of in response to a motion or on his or her
withdrawal states otherwise, a with- own motion, for good cause, sever any
drawal under paragraph (a) of this sec- administrative proceeding with respect
tion is without prejudice. to some or all parties, claims, and
(c) Except as provided in paragraph issues.
(a) of this section, no administrative
proceeding may end in withdrawal un- 20.404 Interested persons.
less approved by an ALJ upon such
terms as she or he deems proper. (a) Any person not a party to a class
(d) Any respondent may move to dis- II civil penalty proceeding under 33
miss a complaint, the government may U.S.C. 1321(b)(6) who wishes to be an in-
move to dismiss a petition, or any terested person in the proceeding shall,
party may lodge a request for relief, for 30 days or less after publication in the
failure of another party to FEDERAL REGISTER of the public notice
(1) Comply with the requirements of required by 20.402, file with the Hear-
this part or with any order of the ALJ; ing Docket Clerk either
(2) Show a right to relief based upon (1) Written comments on the pro-
the facts or law; or ceeding; or
(3) Prosecute the proceeding. (2) Written notice of intent to
(e) A dismissal resides within the dis- present evidence at any hearing in the
cretion of the ALJ. proceeding.
(b) The presiding ALJ may, for good
Subpart DProceedings cause, accept late comments or late
20.401 Initiation of administrative notice of intent to present evidence.
proceedings. (c) Each interested person shall re-
ceive notice of any hearing due in the
An administrative proceeding com-
mences when the Coast Guard rep- proceeding and of the decision in the
resentative files the complaint with proceeding. He or she may have a rea-
the Hearing Docket Clerk and serves a sonable opportunity to be heard and to
copy of it on the respondent. present evidence in any hearing.
(d) The opportunity secured by para-
20.402 Public notice. graph (c) of this section does not ex-
Upon the filing of a complaint under tend to
33 U.S.C. 1321(b) (6), the Coast Guard (1) The issuance of subpoenas for wit-
provides public notice of a class II civil nesses;
penalty proceeding. The notice appears (2) The cross-examination of wit-
in the FEDERAL REGISTER. nesses; or
(3) Appearance at any settlement
20.403 Consolidation and severance. conference.
(a) A presiding ALJ may for good
cause, with the approval of the Chief Subpart EConferences and
ALJ and with all parties given notice Settlements
and opportunity to object, consolidate
any matters at issue in two or more ad- 20.501 Conferences.
ministrative proceedings docketed
under this part. (Good cause includes (a) Any party may by motion request
the proceedings possessing common a conference.
parties, questions of fact, and issues of (b) The ALJ may direct the parties to
law and presenting the likelihood that attend one or more conferences before
consolidation would expedite the pro- or during a hearing.
ceedings and serve the interests of jus- (c) The ALJ may invite interested
tice.) The ALJ may not consolidate persons to attend a conference, other
any matters if consolidation would than a settlement conference, as the
prejudice any rights available under ALJ deems appropriate.
78
(d) The ALJ shall give reasonable no- (2) A written transcript from a mag-
tice of the time and place of any con- netic tape or the equivalent if author-
ference to the parties, and to inter- ized by the ALJ; or
ested persons if invited. A conference (3) A statement by the ALJ on the
may occur in person, by telephone, or record at the hearing summarizing
by other appropriate means. them.
(e) Each party, and any interested
person invited, shall be fully prepared 20.502 Settlements.
for a useful discussion of all issues (a) The parties may submit a pro-
properly before the conference, both posed settlement to the ALJ.
procedural and substantive, and be au- (b) The proposed settlement must be
thorized to commit themselves or in the form of a proposed decision, ac-
those they represent respecting those companied by a motion for its entry.
issues. The decision must recite the reasons
(f) Unless the ALJ excuses a party, that make it acceptable, and it must be
the failure of a party to attend or par- signed by the parties or their rep-
ticipate in a conference, after being resentatives.
served with reasonable notice of its (c) The proposed decision must con-
time and place, waives all objections to tain
any agreements reached in it and to (1) An admission of all jurisdictional
any consequent orders or rulings. facts;
(g) The ALJ may direct that any of (2) An express waiver of
the following be addressed or furnished (i) Any further procedural steps be-
before, during, or after the conference: fore the ALJ; and
(1) Methods of service and filing. (ii) All rights to seek judicial review,
(2) Motions for consolidation or sev- or otherwise challenge or contest the
erance of parties or issues. validity, of the decision;
(3) Motions for discovery. (3) A statement that the decision will
(4) Identification, simplification, and have the same force and effect as would
clarification of the issues. a decision made after a hearing; and
(5) Requests for amendment of the (4) A statement that the decision re-
pleadings. solves all matters needing to be adju-
(6) Stipulations and admissions of dicated.
fact and of the content and authen-
ticity of documents. Subpart FDiscovery
(7) The desirability of limiting and
grouping witnesses, so as to avoid du- 20.601 General.
plication. (a) Unless the ALJ orders otherwise,
(8) Requests for official notice and each partyand each interested person
particular matters to be resolved by re- who has filed written notice of intent
liance upon the substantive standards, to present evidence at any hearing in
rules, and other policies of the Coast the proceeding under 20.404shall
Guard. make available to the ALJ and to
(9) Offers of settlement. every other party and interested per-
(10) Proposed date, time, and place of son
the hearing. (1) The name of each expert and other
(11) Other matters that may aid in witness the party intends to call, to-
the disposition of the proceeding. gether with a brief narrative summary
(h) No one may stenographically re- of the expected testimony; and
port or otherwise record a conference (2) A copy, marked as an exhibit, of
unless the ALJ allows. each document the party intends to in-
(i) During a conference, the ALJ may troduce into evidence or use in the
dispose of any procedural matters on presentation of its case.
which he or she is authorized to rule. (b) During a pre-hearing conference
(j) Actions taken at a conference may ordered under 20.501, the ALJ may di-
be memorialized in rect that the parties exchange witness
(1) A stenographic report if author- lists and exhibits either at once or by
ized by the ALJ; correspondence.
79
20.602 33 CFR Ch. I (7112 Edition)
(c) The ALJ may establish a schedule 20.603 Interrogatories.

for discovery and shall serve a copy of (a) Any party requesting interrog-
any such schedule on each party. atories shall so move to the ALJ. The
(1) The schedule may include dates motion must include
by which the parties shall both ex- (1) A statement of the purpose and
change witness lists and exhibits and scope of the interrogatories; and
file any requests for discovery and ob- (2) The proposed interrogatories.
jections to such requests. (b) The ALJ shall review the pro-
(2) Unless the ALJ orders otherwise, posed interrogatories, and may enter
the parties shall exchange witness lists an order either
and exhibits 15 days or more before (1) Approving the service of some or
hearing. all of the proposed interrogatories; or
(d) Further discovery may occur only (2) Denying the motion.
by order, and then only when the ALJ (c) The party requesting interrog-
atories shall serve on the party named
determines that
in the interrogatories the approved
(1) It will not unreasonably delay the
written interrogatories.
proceeding; (d) Each interrogatory must be an-
(2) The information sought is not swered separately and fully in writing
otherwise obtainable; under oath or affirmation, unless it is
(3) The information sought has sig- objected to, in which event the party
nificant probative value; named shall state the reasons for the
(4) The information sought is neither objection instead of a response. This
cumulative nor repetitious; and party, the partys attorney, or the par-
(5) The method or scope of the dis- tys representative shall sign the par-
covery is not unduly burdensome and is tys responses to interrogatories.
the least burdensome method avail- (e) Responses or objections must be
able. filed within 30 days after the service of
(e) A motion for discovery must set the interrogatories.
forth (f) A response to an interrogatory is
sufficient when
(1) The circumstances warranting the
(1) The responder lists the records
discovery;
from which such answers may be de-
(2) The nature of the information rived or ascertained; and
sought; and (2) The burden of ascertaining the in-
(3) The proposed method and scope of formation in a response to an interrog-
discovery and the time and place where atory is substantially the same for all
the discovery would occur. parties involved in the action; and
(f) If the ALJ determines that he or (3) The information may be obtained
she should grant the motion, he or she from an examination, audit, or inspec-
shall issue an order for the discovery, tion of records, or from a compilation,
together with the terms on which it abstract, or summary based on such
will occur. records.
(g) The party serving the interrog-
20.602 Amendatory or supplementary atory shall be afforded reasonable op-
responses. portunity to examine, audit, or inspect
(a) Any party or interested person the resource and to make copies, com-
shall amend or supplement information pilations, abstracts, or summaries. The
previously provided upon learning that specification must include sufficient
the information detail to permit the interrogating
party to locate and identify the indi-
(1) Was incorrect or incomplete when
vidual records from which the answer
provided; or,
may be ascertained.
(2) Though correct or complete when
provided, no longer is. 20.604 Requests for production of
(b) The party or interested person documents or things, for inspection
shall amend or supplement that infor- or other purposes.
mation by following the procedures in (a) Any party seeking production of
20.305. documents or things for inspection or
80
other purposes shall so move to the (b) Testimony may be taken by depo-
ALJ. The motion must state with par- sition upon approval of the ALJ of a
ticularity motion made by any party.
(1) The purpose and scope of the re- (1) The motion must state
quest; and (i) The purpose and scope of the depo-
(2) The documents and materials sition;
sought. (ii) The time and place it is to be
(b) The ALJ shall review the motion taken;
and enter an order approving or deny- (iii) The name and address of the per-
ing it in whole or in part. son before whom the deposition is to be
taken;
(c) A party shall serve on the party
(iv) The name and address of each
in possession, custody, or control of
witness from whom a deposition is to
the documents the order to produce or
be taken;
to permit inspection and copying of (v) The documents and materials
documents. which the witness is to produce; and
(d) A party may, after approval of an (vi) Whether it is intended that the
appropriate motion by the ALJ, in- deposition be used at a hearing instead
spect and copy, test, or sample any of live testimony.
tangible things that contain, or may (2) The motion must state if the dep-
lead to, relevant information, and that osition is to be by oral examination, by
are in the possession, custody, or con- written interrogatories, or a combina-
trol of the party upon whom the re- tion of the two. The deposition may be
quest is served. taken before any disinterested person
(e) A party may, after approval of an authorized to administer oaths in the
appropriate motion by the ALJ, serve place where the deposition is to be
on another party a request to permit taken.
entry upon designated property in the (c) Upon a showing of good cause the
possession or control of the other party ALJ may enter, and serve upon the
for the purpose of inspecting, meas- parties, an order to obtain the testi-
uring, surveying, photographing, test- mony of the witness.
ing, or sampling the property or any (d) If the deposition of a public or pri-
designated object or area. A request to vate corporation, partnership, associa-
permit entry upon property must set tion, or governmental agency is or-
forth with reasonable particularity the dered, the organization named must
feature to be inspected and must speci- designate one or more officers, direc-
fy a reasonable time, place, and man- tors, or agents to testify on its behalf,
ner for making the inspection and per- and may set forth, for each person des-
forming the related acts. ignated, the matters on which he or
(f) The party upon whom the request she will testify. Subject to the provi-
is served shall respond within 30 days sions of 49 CFR part 9 with respect to
after the service of the request. Inspec- Coast Guard witnesses, the designated
tion and related activities will be per- persons shall testify as to matters rea-
mitted as requested, unless there are sonably known to them.
objections, in which case the reason for (e) Each witness deposed shall be
each objection must be stated. placed under oath or affirmation, and
the other parties shall have the right
20.605 Depositions. to cross-examine.
(f) The witness being deposed may
(a) The ALJ may order a deposition have counsel or another representative
only upon a showing of good cause and present during the deposition.
upon a finding that (g) Except as provided in paragraph
(1) The information sought is not ob- (n) of this section, depositions shall be
tainable more readily by alternative stenographically recorded and tran-
methods; or scribed at the expense of the party re-
(2) There is a substantial reason to questing the deposition. Unless waived
believe that relevant and probative evi- by the deponent, the transcription
dence may otherwise not be preserved must be read by or read to the depo-
for presentation at the hearing. nent, subscribed by the deponent, and
81
20.606 33 CFR Ch. I (7112 Edition)
certified by the person before whom with an oral examination by telephone

the deposition was taken. conference held pursuant to paragraph
(h) Subject to objections to the ques- (m) of this section. After the deposition
tions and responses that were noted at has been taken, and copies of the video
the taking of the deposition and that recording are provided to parties re-
would have been sustained if the wit- questing them, the person recording
ness had been personally present and the deposition shall immediately place
testifying at a hearing, a deposition the videotape in a sealed envelope or a
may be offered into evidence by the sealed videotape container, attaching
party taking it against any party who to it a statement identifying the pro-
was present or represented at the tak- ceeding and the deponent and certi-
ing of the deposition or who had notice fying as to the authenticity of the
of the deposition. video recording, and return the video-
(i) The party requesting the deposi- tape by accountable means to the ALJ.
tion shall make appropriate arrange- The deposition becomes a part of the
ments for necessary facilities and per- record of the proceedings in the same
sonnel. manner as a transcribed deposition.
(j) During the taking of a deposition, The videotape, if admitted into evi-
a party or the witness may request sus- dence, will be played during the hear-
pension of the deposition on the ing and transcribed into the record by
grounds of bad faith in the conduct of the reporter.
the examination, oppression of the wit-
ness or party, or improper questioning 20.606 Protective orders.
or conduct. Upon request for suspen- (a) In considering a motion for an
sion, the deposition will be adjourned. order of discoveryor a motion, by a
The objecting party or witness must party or other person from whom dis-
immediately move the ALJ for a ruling covery is sought, to reconsider or
on the objection(s). The ALJ may then amend an order of discoverythe ALJ
limit the scope or manner of the taking may enter any order that justice re-
of the deposition. quires, to protect a person from annoy-
(k) When a deposition is taken in a ance, embarrassment, oppression, or
foreign country, it may be taken before undue burden or expense. This order
a person having power to administer may
oaths in that location, or before a sec- (1) Confine discovery to specific
retary of an embassy or legation, con- terms and conditions, such as a par-
sul general, consul, vice consul or con- ticular time and place;
sular agent of the United States, or be- (2) Confine discovery to a method
fore such other person or officer as other than that selected by the party
may be agreed upon by the parties by seeking it;
written stipulation filed with the ALJ. (3) Preclude inquiry into certain mat-
(l) Objection to taking a deposition ters;
because of the disqualification of the (4) Direct that discovery occur with
officer before whom it is to be taken is no one present except persons des-
waived unless made before the taking ignated by the ALJ;
of the deposition begins, or as soon as (5) Preclude the disclosure of a trade
the disqualification becomes known or secret or other proprietary informa-
could have been discovered with rea- tion, or allow its disclosure only in a
sonable diligence. designated way or only to designated
(m) A deposition may be taken by persons; or
telephone conference call upon such (6) Require that the person from
terms, conditions, and arrangements as whom discovery is sought file specific
are prescribed in the order of the ALJ. documents or information under seal
(n) The testimony at a deposition for opening at the direction of the ALJ.
hearing may be recorded on videotape, (b) When a person from whom dis-
upon such terms, conditions and ar- covery is sought seeks a protective
rangements as are prescribed in the order, the ALJ may let him or her
order of the ALJ, at the expense of the make all or part of the showing of good
party requesting the recording. The cause in camera. The ALJ shall record
video recording may be in conjunction any proceedings in camera. If he or she
82
enters a protective order, he or she mony of a witness or the production of

shall seal any proceedings so recorded. evidence.
These shall be releasable only as re- (c) A person serving a subpoena shall
quired by law. prepare a written statement setting
(c) Upon motion by a person from forth either the date, time, and manner
whom discovery is sought, the ALJ of service or the reason for failure of
may service. He or she shall swear to or af-
(1) Restrict or defer disclosure by a firm the statement, attach it to a copy
party either of the name of a witness of the subpoena, and return it to the
or, if the witness comes from the Coast ALJ who issued the subpoena.
Guard, of any prior statement of the (d) Coast Guard investigating officers
witness; and have separate subpoena power in S&R
(2) Prescribe other appropriate meas- proceedings under 46 CFR 5.301.
ures to protect a witness.
(d) The ALJ will give any party an 20.609 Motions to quash or modify.
adequate opportunity to prepare for (a) A person to whom a subpoena is
cross-examination or other presen- directed may, by motion with notice to
tation concerning witnesses and state- the party requesting the subpoena, ask
ment subject to protective orders. the ALJ to quash or modify the sub-
poena.
20.607 Sanctions for failure to com-
ply. (b) Except when made at a hearing,
the motion must be filed:
If a party fails to provide or permit (1) 10 days or less after service of a
discovery, the ALJ may take such ac- subpoena compelling the appearance
tion as is just. This may include the and testimony of a witness or the pro-
following: duction of evidence or
(a) Infer that the testimony, docu- (2) At or before the time specified in
ment, or other evidence would have the subpoena for compliance, which-
been adverse to the party. ever is earlier.
(b) Order that, for the purposes of the (c) If the subpoena is served at a
proceeding, designated facts are estab- hearing, the person to whom it is di-
lished. rected may, in person at the hearing or
(c) Order that the party not intro- in writing within a reasonable time
duce into evidenceor otherwise rely fixed by the ALJ, ask the ALJ to quash
upon, in support of any claim or de- or modify it.
fensethe evidence that was withheld. (d) The ALJ may quash or modify the
(d) Order that the party not intro- subpoena if it is unreasonable or re-
duce into evidence, or otherwise use in quires evidence not relevant to any
the hearing, information obtained in matter in issue.
discovery.
(e) Allow the use of secondary evi-
dence to show what the evidence with- Subpart GHearings
held would have shown.
20.701 Standard of proof.
20.608 Subpoenas. The party that bears the burden of
(a) Any party may request the ALJ proof shall prove his or her case or af-
to issue a subpoena for the attendance firmative defense by a preponderance
of a person, the giving of testimony, or of the evidence.
the production of books, papers, docu-
20.702 Burden of proof.
ments, or any other relevant evidence
during discovery or for any hearing. (a) Except for an affirmative defense,
Any party seeking a subpoena from the or as provided by paragraph (b) of this
ALJ shall request its issuance by mo- section, the Coast Guard bears the bur-
tion. den of proof.
(b) An ALJ may, for good cause (b) Except as otherwise provided by
shown, apply to the United States Dis- statute or rule, the proponent of a mo-
trict Court for the issuance of an order tion, request, or order bears the burden
compelling the appearance and testi- of proof.
83
20.703 33 CFR Ch. I (7112 Edition)
20.703 Presumptions. ness or to take any other measure he

In each administrative hearing, a or she deems appropriate.
presumption 20.707 Telephonic testimony.
(a) Imposes on the party against
whom it lies the burden of going for- (a) The ALJ may order the taking of
ward with evidence to rebut or meet the testimony of a witness by tele-
the presumption; but phonic conference call. A person pre-
(b) Does not shift the burden of proof senting evidence may by motion ask
in the sense of the risk of non-persua- for the taking of testimony by this
sion. means. The arrangement of the call
must let each participant listen to and
20.704 Scheduling and notice of hear- speak to each other within the hearing
ings. of the ALJ, who will ensure the full
(a) With due regard for the conven- identification of each so the reporter
ience of the parties, and of their rep- can create a proper record.
resentatives or witnesses, the ALJ (b) The ALJ may issue a subpoena di-
shall, as early as possible, fix the date, recting a witness to testify by tele-
time, and place for the hearing and no- phonic conference call. The subpoena
tify all parties and interested persons. in any such instance issues under the
(b) The ALJ may grant a request for procedures in 20.608.
a change in the date, time, or place of
a hearing. 20.708 Witnesses fees.
(c) At any time after commencement (a) Each witness summoned in an ad-
of a proceeding, any party may move ministrative proceeding shall receive
to expedite the proceeding. A party the same fees and mileage as a witness
moving to expedite shall in a District Court of the United
(1) Explain in the motion the cir- States.
cumstances justifying the motion to
(b) The party or interested person
expedite; and
who calls a witness is responsible for
(2) Incorporate in the motion affida-
all fees and mileage due under para-
vits supporting any representations of
graph (a) of this section.
fact.
(d) After timely receipt of the motion 20.709 Closing of the record.
and any responses, the ALJ may expe-
dite pleadings, pre-hearing conferences, (a) When the ALJ closes the hearing,
and the hearing, as appropriate. he or she shall also close the record of
the proceeding, as described in 20.903,
20.705 Failure to appear. unless he or she directs otherwise.
The ALJ may enter a default under Even after the ALJ closes it, he or she
20.310 against a respondent threat- may reopen it.
ening to fail, or having failed, to ap- (b) The ALJ may correct the tran-
pear at a hearing unless, script of the hearing by appropriate
(a) Before the time for the hearing, order.
the respondent shows good cause why
neither the respondent nor his or her 20.710 Proposed findings, closing ar-
guments, and briefs.
representative can appear; or,
(b) 30 days or less after an order to (a) Before the ALJ closes the hear-
show good cause, the respondent shows ing, he or she may hear oral argument
good cause for his or her failure to ap- so far as he or she deems appropriate.
pear. (b) Before the ALJ decides the case,
and upon terms he or she finds reason-
20.706 Witnesses. able, any party may file a brief, pro-
(a) Each witness shall testify under posed findings of fact and conclusions
oath or affirmation. of law, or both. Any party may waive
(b) If a witness fails or refuses to an- this right. If all parties waive it, then
swer any question the ALJ finds prop- the ALJ may issue an oral order at the
er, the failure or refusal constitutes close of the hearing.
grounds for the ALJ to strike all or (c) Any oral argument, brief, or pro-
part of the testimony given by the wit- posed findings of fact and conclusions
84
of law form part of the record of the (b) When the ALJ determines that in-
proceeding, as described in 20.903. formation in a document containing
proprietary matters should be made
Subpart HEvidence available to another party, the ALJ
may direct the party possessing the
20.801 General. document to prepare a non-proprietary
summary or extract of it. The sum-
Any party may present his or her
mary or extract may be admitted as
case or defense by oral, documentary,
evidence in the record.
or demonstrative evidence; submit re-
(c) If the ALJ determines that a non-
buttal evidence; and conduct any cross-
proprietary summary or extract is in-
examination that may be necessary for
adequate and that proprietary matters
a full and true disclosure of the facts.
must form part of the record to avert
20.802 Admissibility of evidence. prejudice to a party, the ALJ may so
advise the parties and arrange access
(a) The ALJ may admit any relevant to the evidence for a party or rep-
oral, documentary, or demonstrative resentative.
evidence, unless privileged. Relevant
evidence is evidence tending to make 20.806 Official notice.
the existence of any material fact more The ALJ may take official notice of
probable or less probable than it would such matters as could courts, or of
be without the evidence. other facts within the specialized
(b) The ALJ may exclude evidence if knowledge of the Coast Guard as an ex-
its probative value is substantially pert body. When all or part of a deci-
outweighed by the danger of prejudice, sion rests on the official notice of a
by confusion of the issues, or by rea- material fact not appearing in the evi-
sonable concern for undue delay, waste dence in the record, the decision must
of time, or needless presentation of cu- state as much; and any party, upon
mulative evidence. timely request, shall receive an oppor-
20.803 Hearsay evidence. tunity to rebut the fact.
Hearsay evidence is admissible in 20.807 Exhibits and documents.
proceedings governed by this part. The (a) Each exhibit must be numbered
ALJ may consider the fact that evi- and marked for identification by the
dence is hearsay when determining its party offering it. The original of each
probative value. exhibit so marked, whether or not of-
fered or admitted into evidence, must
20.804 Objections and offers of proof.
be filed and retained in the record of
(a) Any party objecting to the admis- the proceeding, unless the ALJ permits
sion or exclusion of evidence shall con- the substitution of a copy. The party
cisely state the grounds. A ruling on introducing each exhibit so marked
every objection must appear in the shall supply a copy of the exhibit to
record. No party may raise an objec- the ALJ and to every party to the pro-
tion to the admission or exclusion of ceeding.
evidence on appeal unless he or she (b) Unless the ALJ directs otherwise,
raised it before the ALJ. each party who would offer an exhibit
(b) Whenever evidence is objected to, upon direct examination shall make it
the party offering it may make an offer available to every other party for in-
of proof, which must appear in the spection 15 days or more before the
record. hearing. The ALJ will deem admitted
the authenticity of each exhibit sub-
20.805 Proprietary information. mitted before the hearing unless a
(a) The ALJ may limit introduction party either files written objection and
of evidence or issue such protective or serves it on all parties or shows good
other orders as in his or her judgment cause for failure to do both.
are consistent with the object of pre- (c) In class II civil penalty pro-
venting undue disclosure of proprietary ceedings under 33 U.S.C. 1321(b)(6), each
matters, including, among others, ones exhibit introduced by an interested
of a commercial nature. person must be marked, and filed and
85
20.808 33 CFR Ch. I (7112 Edition)
retained in the record of the pro- decision and supported his or her mo-
ceeding, unless the ALJ permits the tion as provided in this section, no
substitution of a copy. The interested party opposing the motion may rest
person shall supply a copy of the ex- upon the mere allegations or denials of
hibit to the ALJ and to every party to facts contained in his or her own plead-
the proceeding. The requirements of ings. The response to the motion, by
paragraph (b) of this section apply to affidavit or as otherwise provided in
any interested person who would offer this section, must provide a specific
an exhibit upon direct examination. basis to show that there is a genuine
issue of material fact for the hearing.
20.808 Written testimony. (d) If it appears from the affidavit of
The ALJ may enter into the record a party opposing the motion that this
the written testimony of a witness. party cannot, for reasons stated,
The witness shall be, or have been, present by affidavit matters essential
available for oral cross-examination. to justify his or her opposition, the
The statement must be sworn to, or af- ALJ may deny the motion for sum-
firmed, under penalty of perjury. mary decision, may order a continu-
ance to enable the obtaining of infor-
20.809 Stipulations. mation, or may make such other order
Any party or interested person may as is just.
stipulate, in writing, at any stage of (e) No denial of all or any part of a
the proceeding, or orally at the hear- motion for summary decision is subject
ing, to any pertinent fact or other mat- to interlocutory appeal.
ter fairly susceptible of stipulation. A
stipulation binds all parties to it. 20.902 Decisions of the ALJ.
(a) After closing the record of the
Subpart IDecisions proceeding, the ALJ shall prepare a de-
cision containing
20.901 Summary decisions.
(1) A finding on each material issue
(a) Any party may move for a sum- of fact and conclusion of law, and the
mary decision in all or any part of the basis for each finding;
proceeding on the grounds that there is (2) The disposition of the case, in-
no genuine issue of material fact and cluding any appropriate order;
that the party is entitled to a decision
(3) The date upon which the decision
as a matter of law. The party must file
will become effective;
the motion no later than 15 days before
the date fixed for the hearing and may (4) A statement of further right to
include supporting affidavits with the appeal; and,
motion. Any other party, 10 days or (5) If no hearing was held, a state-
less after service of a motion for sum- ment of the right of any interested per-
mary decision, may serve opposing affi- son to petition the Commandant to set
davits or countermove for summary de- aside the decision.
cision. The ALJ may set the matter for (b) The decision of the ALJ must rest
argument and call for the submission upon a consideration of the whole
of briefs. record of the proceedings.
(b) The ALJ may grant the motion if (c) The ALJ may, upon motion of any
the filed affidavits, the filed docu- party or in his or her own discretion,
ments, the material obtained by dis- render the initial decision from the
covery or otherwise, or matters offi- bench (orally) at the close of the hear-
cially noted show that there is no gen- ing and prepare and serve a written
uine issue of material fact and that a order on the parties or their authorized
party is entitled to a summary decision representatives. In rendering his or her
as a matter of law. decision from the bench, the ALJ shall
(c) Each affidavit must set forth such state the issues in the case and make
matters as would be admissible in evi- clear, on the record, his or her findings
dence and must show affirmatively of fact and conclusions of law.
that the affiant is competent to testify (d) If the ALJ renders the initial de-
to the matters stated in the affidavit. cision orally, and if a party asks for a
Once a party has moved for summary copy, the Hearing Docket Clerk shall
86
furnish a copy excerpted from the tran- chant mariners license, certificate of
script of the record. The date of the de- registry, credential, or endorsement
cision is the date of the oral rendering document if
of the decision by the ALJ. (i) The order rests on a conviction
(A) For violation of a dangerous-drug
20.903 Records of proceedings. law;
(a) The transcript of testimony at (B) Of an offense that would prevent
the hearing, all exhibits received into the issuance or renewal of the license,
evidence, any items marked as exhibits certificate, credential, or endorsement
and not received into evidence, all mo- document; or
tions, all applications, all requests, and (C) Of an offense described in sub-
all rulings constitute the official paragraph 205(a)(3)(A) or (B) of the Na-
record of a proceeding. This record also tional Driver Register Act of 1982 (23
includes any motions or other matters U.S.C. 401, note); and
regarding the disqualification of the (ii) The respondent submits a specific
ALJ. order of court to the effect that the
(b) Any person may examine the conviction has been unconditionally
record of a proceeding at the U. S. set aside for all purposes.
Coast Guard Administrative Law Judge (2) The ALJ, however, may not re-
Docketing Center; Room 412; 40 S. Gay scind his or her order on account of
Street; Baltimore, MD 212014022. Any any law that provides for a subsequent
person may obtain a copy of part or all conditional setting-aside, modification,
of the record after payment of reason- or expunging of the order of court, by
able costs for duplicating it in accord- way of granting clemency or other re-
ance with 49 CFR part 7. lief after the conviction has become
final, without regard to whether pun-
20.904 Reopening. ishment was imposed.
(f) Three years or less after an S&R
(a) To the extent permitted by law,
proceeding has resulted in revocation
the ALJ may, for good cause shown in
of a credential, endorsement, license,
accordance with paragraph (c) of this
certificate, or document, the respond-
section, reopen the record of a pro-
ent may file a motion for reopening of
ceeding to take added evidence.
the proceeding to modify the order of
(b) Any party may move to reopen
revocation with the ALJ Docketing
the record of a proceeding 30 days or
Center.
less after the closing of the record.
(1) Any motion to reopen the record
(1) Each motion to reopen the record
must clearly state why the basis for
must clearly set forth the facts that
the order of revocation is no longer
the movant would try to prove and the
valid and how the issuance of a new
grounds for reopening the record.
merchant mariner credential with ap-
(2) Any party who does not respond
propriate endorsement is compatible
to any motion to reopen the record
with the requirement of good discipline
waives any objection to the motion.
and safety at sea.
(c) The ALJ may reopen the record of
(2) Any party who does not respond
a proceeding if he or she believes that
to any petition to reopen the record
any change in fact or law, or that the
waives any objection to the motion.
public interest, warrants reopening it.
(d) The filing of a motion to reopen [CGD 983472, 64 FR 28062, May 24, 1999, as
the record of a proceeding does not af- amended at, USCG200624371, 74 FR 11211,
fect any period for appeals specified in Mar. 16, 2009]
subpart J of this part, except that the
filing of such a motion tolls the run- Subpart JAppeals
ning of whatever time remains in the
period for appeals until either the ALJ 20.1001 General.
acts on the motion or the party filing (a) Any party may appeal the ALJ s
it withdraws it. decision by filing a notice of appeal.
(e)(1) At any time, a party may file a The party shall file the notice with the
petition to reopen with the Docketing U. S. Coast Guard Administrative Law
Center for the ALJ to rescind any Judge Docketing Center; Attention:
order suspending or revoking a mer- Hearing Docket Clerk; Room 412; 40 S.
87
20.1002 33 CFR Ch. I (7112 Edition)
Gay Street; Baltimore, MD 212014022. (2) When the appellant relies on ma-
The party shall file the notice 30 days terial contained in the record, the ap-
or less after issuance of the decision, pellate brief must specifically refer to
and shall serve a copy of it on the the pertinent parts of the record.
other party and each interested person. (3) The appellate brief must reach the
(b) No party may appeal except on Docketing Center 60 days or less after
the following issues: service of the ALJs decision. Unless
(1) Whether each finding of fact is filed within this time, or within an-
supported by substantial evidence. other time period authorized in writing
(2) Whether each conclusion of law by the Docketing Center, the brief will
accords with applicable law, precedent, be untimely.
and public policy. (b) Any party may file a reply brief
(3) Whether the ALJ abused his or with the Docketing Center 35 days or
her discretion. less after service of the appellate brief.
(4) The ALJs denial of a motion for Each such party shall serve a copy on
disqualification. every other party. If the party filing
(c) No interested person may appeal a the reply brief relies on evidence con-
summary decision except on the issue tained in the record for the appeal,
that no hearing was held or that in the that brief must specifically refer to the
issuance of the decision the ALJ did pertinent parts of the record.
not consider evidence that that person (c) No party may file more than one
would have presented. appellate brief or reply brief, unless
(d) The appeal must follow the proce- (1) The party has petitioned the Com-
dural requirements of this subpart. mandant in writing; and
(2) The Commandant has granted
20.1002 Records on appeal. leave to file an added brief, in which
(a) The record of the proceeding con- event the Commandant will allow a
stitutes the record for decision on ap- reasonable time for the party to file
peal. that brief.
(b) If the respondent requests a copy (d) The Commandant may accept an
of the transcript of the hearing as part amicus curiae brief from any person in
of the record of proceeding, then, an appeal of an ALJs decision.
(1) If the hearing was recorded at 20.1004 Decisions on appeal.
Federal expense, the Coast Guard will
provide the transcript on payment of (a) The Commandant shall review the
the fees prescribed in 49 CFR 7.45; but, record on appeal to determine whether
(2) If the hearing was recorded by a the ALJ committed error in the pro-
Federal contractor, the contractor will ceedings, and whether the Com-
provide the transcript on the terms mandant should affirm, modify, or re-
prescribed in 49 CFR 7.45. verse the ALJs decision or should re-
mand the case for further proceedings.
20.1003 Procedures for appeal. (b) The Commandant shall issue a de-
cision on every appeal in writing and
(a) Each party appealing the ALJs
shall serve a copy of the decision on
decision or ruling shall file an appel-
each party and interested person.
late brief with the Commandant at the
following address: U.S. Coast Guard
Administrative Law Judge Docketing Subpart KFinality, Petitions for
Center; Attention: Hearing Docket Hearing, and Availability of
Clerk; Room 412; 40 S. Gay Street; Bal- Orders
timore, MD 212014022, and shall serve a
copy of the brief on every other party. 20.1101 Finality.
(1) The appellate brief must set forth (a) Civil penalty proceedings. (1) Unless
the appellants specific objections to appealed pursuant to subpart J of this
the decision or ruling. The brief must part, an ALJs decision becomes an
set forth, in detail, the order assessing or denying a class II
(i) Basis for the appeal; civil penalty 30 days after the date of
(ii) Reasons supporting the appeal; its issuance.
and (2) If the Commandant issues a deci-
(iii) Relief requested in the appeal. sion under Subpart J of this part, the
88
decision constitutes an order of the available on the Department of Trans-

Commandant assessing or denying a portation Home Page at www.dot.gov or
class II civil penalty on the date of the Coast Guard Home Page at
issuance of the Commandants deci- www.uscg.mil.
sions. (b) Any person wanting a copy of a
(b) S&R Proceedings. (1) Unless ap- decision may place a request with the
pealed pursuant to subpart J of this Hearing Docket Clerk. The Clerk will
part, an ALJs decision becomes final bill the person on the terms prescribed
action of the Coast Guard 30 days after in 49 CFR 7.43.
the date of its issuance.
[CGD983472, 64 FR 28062, May 24, 1999, as
(2) If the Commandant issues a deci- amended by USCG200625556, 72 FR 36327,
sion under Subpart J of this part, the July 2, 2007]
decision constitutes final action of the
Coast Guard on the date of its
issuance.
Subpart LExpedited Hearings
20.1201 Application.
20.1102 Petitions to set aside deci-
sions and provide hearings for civil (a) This subpart applies whenever the
penalty proceedings. Coast Guard suspends a mariners cre-
(a) If no hearing takes place on a dential without a hearing under 46
complaint for a class II civil penalty, U.S.C. 7702(d).
any interested person may file a peti- (b) The Coast Guard may, for 45 days
tion, 30 days or less after the issuance or less, suspend and seize a merchant
of an order assessing or denying a civil mariner credential, license, certificate,
penalty, asking the Commandant to set or document if, when acting under the
aside the order and to provide a hear- authority of the license, certificate, or
ing. document,
(b) If the Commandant decides that (1) A mariner performs a safety-sen-
evidence presented by an interested sitive function on a vessel; and
person in support of a petition under (2) There is probable cause to believe
paragraph (a) of this section is mate- that he or she
rial and that the ALJ did not consider (i) Has performed the safety-sensitive
the evidence in the issuance of the de- function in violation of law or Federal
cision, the Commandant shall set aside regulation regarding use of alcohol or a
the decision and direct that a hearing dangerous drug;
take place in accordance with the re- (ii) Has been convicted of an offense
quirements of this part. that would prevent the issuance or re-
(c) If the Commandant denies a hear- newal of the merchant mariner creden-
ing sought under this section, he or she tial, license, certificate, or document;
shall provide to the interested person, or,
and publish in the FEDERAL REGISTER, (iii) Three years or less before the
notice of and the reasons for the de- start of an S&R proceeding, has been
nial. convicted of an offense described in
subparagraph 205(a)(3)(A) or (B) of the
20.1103 Availability of decisions. National Driver Register Act of 1982 (23
(a)(1) Copies and indexes of decisions U.S.C. 401, note).
on appeal are available for inspection [CGD 983472, 64 FR 28062, May 24, 1999, as
and copying at amended at, USCG200624371, 74 FR 11211,
(i) The document inspection facility Mar. 16, 2009]
at the office of any Coast Guard Dis-
trict, Activity, or Sector Office; 20.1202 Filing of pleadings.
(ii) The public reading room at Coast (a) Complaint. If the Coast Guard has
Guard Headquarters; and temporarily suspended a merchant
(iii) The public reading room of the mariners credential, license, certifi-
Coast Guard ALJ Docketing Center; cate of registry, or document, it shall
Baltimore, Maryland. immediately file a complaint under
(2) Appellate decisions in S&R pro- 20.307. The complaint must contain
ceedings, and both appellate and ALJs both a copy of a notice of temporary
decisions on class II civil penalties, are suspension and an affidavit stating the
89
20.1203 33 CFR Ch. I (7112 Edition)
authority and reason for temporary such orders as are necessary for the
suspension. matter to continue in an orderly way
(b) Answer. In a case under this sub- under standard procedure.
part
(1) 20.308 does not govern answers, 20.1207 Pre-hearing conferences.
and (a) When held. As early as prac-
(2) The respondent shall therefore ticable, the ALJ shall order and con-
enter his or her answer at the pre-hear- duct a pre-hearing conference. He or
ing conference. she may order the holding of the con-
[CGD 983472, 64 FR 28062, May 24, 1999, as ference in person, or by telephonic or
amended at, USCG200624371, 74 FR 11211, electronic means.
Mar. 16, 2009] (b) Answer. The respondent shall
enter his or her answer at the pre-hear-
20.1203 Commencement of expedited ing conference. If the answer is an ad-
hearings.
mission, the ALJ shall either issue an
Upon receipt of a complaint with a appropriate order or schedule a hearing
copy of the notice of temporary suspen- on the order.
sion and the affidavit supporting the (c) Content. (1) At the pre-hearing
complaint, the Chief ALJ will imme- conference, the parties shall:
diately assign an ALJ and designate (i) Identify and simplify the issues in
the case for expedited hearing. dispute and prepare an agreed state-
ment of issues, facts, and defenses.
20.1205 Motion for return of tempo-
rarily suspended merchant mariner (ii) Establish a simplified procedure
credential, license, certificate of appropriate to the matter.
registry, or document. (iii) Fix a time and place for the
(a) Procedure. At any time during the hearing 30 days or less after the tem-
expedited hearing, the respondent may porary suspension.
move that his or her merchant mariner (iv) Discuss witnesses and exhibits.
credential, license, certificate of reg- (2) The ALJ shall issue an order di-
istry, or document be returned on the recting the exchange of witness lists
grounds that the agency lacked prob- and documents.
able cause for temporary suspension. (d) Order. Before the close of the pre-
The motion must be in writing and ex- hearing conference, the ALJ shall issue
plain why the agency lacked probable an order setting forth any agreements
cause. reached by the parties. The order must
(b) Ruling. If the ALJ grants the mo- specify the issues for the parties to ad-
tion, the ALJ may issue such orders as dress at the hearing.
are necessary for the return of the sus- (e) Procedures not to cause delay. Nei-
pended credential, license, certificate, ther any filing of pleadings or motions,
or document and for the matter to con- nor any conduct of discovery, may
tinue in an orderly way under standard interfere with
procedure. (1) The holding of the hearing 30 days
or less after the temporary suspension
[CGD 983472, 64 FR 28062, May 24, 1999, as
amended at, USCG200624371, 74 FR 11211,
or
Mar. 16, 2009] (2) The closing of the record early
enough for the issuance of an initial
20.1206 Discontinuance of expedited decision 45 days or less after the tem-
hearings. porary suspension.
(a) Procedure. At any time during the (f) Times. The ALJ may shorten the
expedited hearing, the respondent may time for any act required or permitted
move that the hearing discontinue and under this subpart to enable him or her
that the matter continue under stand- to issue an initial decision 45 days or
ard procedure. A motion to discontinue less after the temporary suspension.
must be in writing and explain why the
case is inappropriate for expedited 20.1208 Expedited hearings.
hearing. (a) Procedures. As soon as practicable
(b) Ruling. If the ALJ grants the mo- after the close of the pre-hearing con-
tion to discontinue, the ALJ may issue ference, the ALJ shall hold a hearing,
90
under subpart G of this part, on any stantial compliance with the proce-
issue that remains in dispute. dural requirements of 46 U.S.C. 11502, is
(b) Oral and written argument. (1) admissible in evidence and constitutes
Each party may present oral argument prima facie evidence of the facts re-
at the close of the hearing or present cited.
(i) Proposed findings of fact and con- (b) Any entry in any such logbook
clusions of law; and made in substantial compliance with
(ii) Post-hearing briefs, under 20.710. the procedural requirements of 46
(2) The ALJ shall issue a schedule, U.S.C. 11502 may receive added weight
such as will enable him or her to con- from the ALJ.
sider the findings and briefs without
delaying the issuance of the decision. 20.1307 Use of judgments of convic-
(c) ALJs decision. The ALJ may issue tion.
his or her decision as an oral decision (a) A judgment of conviction by a
from the bench. Alternatively, he or Federal court is conclusive in any S&R
she may issue a written decision. He or proceeding under this part concerning
she shall issue the decision 45 days or any act or offense described in 46
less after the temporary suspension. U.S.C. 7703 or 7704 when the act or of-
fense is the same as in the Federal con-
20.1209 Appeals of ALJs decisions.
viction.
Any party may appeal the ALJs de- (b) Except as provided in paragraph
cision as provided in subpart J. (c) of this section, no judgment of con-
viction by a State court is conclusive
Subpart MSupplementary Evi- in any S&R proceeding under this part
dentiary Rules for Suspension concerning any act or offense described
and Revocation Hearings in 46 U.S.C. 7703 or 7704, even when an
act or offense forming the basis of the
20.1301 Purpose. charge in the proceeding is the same as
This subpart contains evidentiary in the State conviction. But the judg-
rules that apply only in certain cir- ment is admissible in evidence and con-
cumstances in S&R proceedings. They stitutes substantial evidence adverse
supplement, not supplant, the evi- to the respondent.
dentiary rules in subpart H. (c) A judgment of conviction by a
Federal or State court for a violation
20.1303 Authentication and certifi- is conclusive in the proceeding if an
cation of extracts from shipping ar- S&R proceeding alleges conviction
ticles, logbooks, and the like. for
(a) The investigating officer, the (1) A violation of a dangerous-drug
Coast Guard representative, any other law;
commissioned officer of the Coast (2) An offense that would prevent the
Guard, or any official custodian of ex- issuance or renewal of a merchant
tracts from shipping articles, logbooks, mariners license, merchant mariner
or records in the custody of the Coast credential, certificate of registry, or
Guard may authenticate and certify document; or
the extracts. (3) An offense described in subpara-
(b) Authentication and certification graph 205(a)(3)(A) or (B) of the National
must include a statement that the per- Driver Register Act of 1982 (23 U.S.C.S.
son acting has seen the original, com- 401, note).
pared the copy with it, and found the (d) If the respondent participates in
copy to be a true one. This person shall the scheme of a State for the
sign his or her name and identify him- expungement of convictions, and if he
self or herself by rank or title and by or she pleads guilty or no contest or, by
duty station. order of the trial court, has to attend
classes, contribute time or money, re-
20.1305 Admissibility and weight of ceive treatment, submit to any manner
entries from logbooks. of probation or supervision, or forgo
(a) Any entry in any official logbook appeal of the finding of the trial court,
of a vessel concerning an offense enu- the Coast Guard regards him or her, for
merated in 46 U.S.C. 11501, made in sub- the purposes of 46 U.S.C. 7703 or 7704, as
91
20.1309 33 CFR Ch. I (7112 Edition)
having received a conviction. The (1) Any written warning issued by the
Coast Guard does not consider the con- Coast Guard and not contested by the
viction expunged without proof that respondent.
the expungement is due to the convic- (2) Final agency action by the Coast
tions having been in error. Guard on any S&R proceeding in which
(e) No respondent may challenge the a sanction or consent order was en-
jurisdiction of a Federal or State court tered.
in any proceeding under 46 U.S.C. 7703 (3) Any agreement for voluntary sur-
or 7704. render entered into by the respondent.
[CGD 983472, 64 FR 28062, May 24, 1999, as
(4) Any final judgment of conviction
amended at, USCG200624371, 74 FR 11211, in Federal or State courts.
Mar. 16, 2009] (5) Final agency action by the Coast
Guard resulting in the imposition
20.1309 Admissibility of respondents against the respondent of any civil pen-
criminal records and records with alty or warning in a proceeding admin-
the Coast Guard before entry of istered by the Coast Guard under this
findings and conclusions. title.
(a) The prior disciplinary record of (6) Any official commendatory infor-
the respondent is admissible when of- mation concerning the respondent of
fered by him or her. which the Coast Guard representative
(b) The prior disciplinary record of is aware. The Coast Guard representa-
the respondent is admissible when of- tive may offer evidence and argument
fered by the Coast Guard representa- in aggravation of any charge proved.
tive to impeach the credibility of evi- The respondent may offer evidence of,
dence offered by the respondent. and argument on, prior maritime serv-
(c) The use of a judgment of convic- ice, including both the record intro-
tion is permissible on the terms pre- duced by the Coast Guard representa-
scribed by 20.1307. tive and any commendatory evidence.
(b) The respondent may offer evi-
20.1311 Admissions by respondent. dence and argument in mitigation of
No person may testify regarding ad- any charge proved.
missions made by the respondent dur- (c) The Coast Guard representative
ing an investigation under 46 CFR part may offer evidence and argument in re-
4, except to impeach the credibility of buttal of any evidence and argument
evidence offered by the respondent. offered by the respondent in mitiga-
tion.
20.1313 Medical examination of re-
spondents. PART 23DISTINCTIVE MARKINGS
In any proceeding in which the phys- FOR COAST GUARD VESSELS
ical or mental condition of the re- AND AIRCRAFT
spondent is relevant, the ALJ may
order him or her to undergo a medical Sec.
examination. Any examination ordered 23.01 Basis and purpose.
by the ALJ is conducted, at Federal ex- 23.05 Where and when displayed.
pense, by a physician designated by the 23.10 Coast Guard emblem.
ALJ. If the respondent fails or refuses 23.12 Coast Guard identifying insignia.
to undergo any such examination, the 23.15 Coast Guard ensign.
failure or refusal receives due weight 23.20 Coast Guard commission pennant.
and may be sufficient for the ALJ to 23.30 Penalty.
infer that the results would have been AUTHORITY: Secs. 638, 639, 63 Stat. 546; 14
adverse to the respondent. U.S.C. 638, 639, E.O. 10707, 3 CFR, 19541958
Comp., p. 364.
20.1315 Submission of prior records
and evidence in aggravation or 23.01 Basis and purpose.
mitigation. (a) This subpart establishes instruc-
(a) The prior disciplinary record of tions for the display of distinctive
the respondent comprises the following markings of Coast Guard vessels and
items less than 10 years old: aircraft, including Coast Guard ensign
92
and commission pennant and Coast (c) The Coast Guard emblem is in-
Guard emblem. tended primarily for use as identifica-
(b) Coast Guard vessels and aircraft tion on Coast Guard ensigns, flags, pen-
are distinguished from other vessels nants, vessels, aircraft, vehicles, and
and aircraft by an ensign; a personal shore units. It may also be reproduced
flag, command pennant, or commis- for use on such items as stationery,
sioned pennant, if so authorized; or clothing, jewelry, etc.
other identifying insignia or marking. (d) Any person who desires to repro-
[CGFR 5735, 22 FR 6765, Aug. 22, 1957, as
duce the Coast Guard emblem for non-
amended by CGFR 6667, 31 FR 15239, Dec. 6, Coast Guard use must first obtain ap-
1966] proval from the Commandant, U.S.
Coast Guard, 2100 2nd St. SW., Stop
23.05 Where and when displayed. 7000, Washington, DC 205937000.
(a) The Coast Guard Ensign is a mark (Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1);
of authority and is required to be dis- 49 CFR 1.46(b))
played whenever a Coast Guard vessel [CGFR 6726, 32 FR 6577, Apr. 28, 1967, as
takes active measures in connection amended by CGFR 7095, 35 FR 12541, Aug. 6,
with boarding, examining, seizing, 1970; USCG20100351, 75 FR 36278, June 25,
stopping or heaving to of a vessel for 2010]
the purposes of enforcing the laws of
the United States. The distinctive 23.12 Coast Guard identifying insig-
markings of Coast Guard aircraft serve nia.
the same purpose. (a) The distinctive identification in-
(b) The Coast Guard Commission pen- signia of the Coast Guard consists of a
nant indicates a Coast Guard cutter broad diagonal red stripe followed to
under the command of a commissioned the right or left by two narrow stripes,
officer or commissioned warrant offi- first a white stripe and then a blue
cer. stripe. The Coast Guard emblem, as de-
(c) When applicable, these distinctive scribed in 23.10(b), is centered within
marks shall be displayed, the Coast the confines of the broad red diagonal
Guard Ensign at the masthead of the stripe.
foremast, and the commission pennant (b) The Coast Guard identifying in-
at the after masthead. On ships having signia is intended primarily for the
but one mast the Coast Guard Ensign identification of Coast Guard vessels,
and commission pennant shall be at aircraft, vehicles, and shore units. It
the masthead on the same halyard. In may also be reproduced for use on
mastless ships they shall be displayed Coast Guard publications, stationery,
from the most conspicuous hoist. jewelry, and similar items.
[CGFR 6726, 32 FR 6576, Apr. 28, 1967] (c) Any person who desires to repro-
duce the Coast Guard identifying insig-
23.10 Coast Guard emblem. nia for non-Coast Guard use must first
obtain approval from the Commandant,
(a) The distinctive emblem of the
U.S. Coast Guard, 2100 2nd St. SW.,
Coast Guard shall be as follows:
Stop 7000, Washington, DC 205937000.
On a disc the shield of the Coat of Arms of
the United States circumscribed by an annu- (Sec. 6(b)(1), 80 Stat. 937; 49 U.S.C. 1655(b)(1);
let edged and inscribed UNITED STATES 49 CFR 1.46(b))
COAST GUARD 1790 all in front of two [CGFR 7095, 35 FR 12541, Aug. 6, 1970, as
crossed anchors. amended by USCG20100351, 75 FR 36278,
June 25, 2010]
(b) The emblem in full color is de-
scribed as follows: 23.15 Coast Guard ensign.
White anchors and white ring all outlined The Coast Guard ensign has sixteen
in medium blue (Coast Guard blue), letters perpendicular stripes alternate red and
and numerals medium blue (Coast Guard
white, beginning with the red at the
blue), white area within ring, shield with me-
dium blue (Coast Guard blue) chief and 13 al- hoist. In the upper quarter, next to the
ternating white and red (Coast Guard red) hoist, is the union, being the Coat of
stripes (7 white and 6 red) with narrow me- Arms of the United States, in dark blue
dium blue (Coast Guard blue) outline. on a white field, half of the length of
93
23.20 33 CFR Ch. I (7112 Edition)
the flag, and extending down the hoist 25.121 Effect of other payments to claimant.
halfway. The distinctive emblem of the 25.123 Settlement and notice to claimant.
Coast Guard in blue and white is placed 25.125 Appeal.
25.127 Reconsideration.
with its center on a line with the lower 25.129 Acceptance of offer of settlement.
edge of the union and over the center 25.131 Delegation of authority.
of the seventh vertical red stripe from 25.133 Redelegation of authority.
the hoist of the flag, the emblem cov- 25.135 Processing and settlement of claims
ering a horizontal space of three in foreign countries.
stripes.
Subpart BAdmiralty Claims
[CGFR 5735, 22 FR 6765, Aug. 22, 1957]
25.201 Scope.
23.20 Coast Guard commission pen- 25.203 Claims payable.
nant. 25.205 Claims not payable.
25.207 Time limitation on claims.
The Coast Guard commission pen-
nant shall have the union part com- Subpart CFederal Tort Claims
posed of thirteen blue stars in a hori-
25.301 Scope.
zontal line on a white field, one-fourth
25.303 Procedure.
the length of the pennant; the remain-
ing three-fourths shall consist of six- Subpart DMilitary Claims
teen vertical stripes of equal width, al-
ternate red and white, beginning with 25.401 Scope.
the red, and a tail piece of red about 25.403 Claims payable.
25.405 Claims not payable.
one-fifth the entire length of the pen- 25.407 Time limitation on claims.
nant, ending in a swallow tail. 25.409 Appeal.
[CGFR 5735, 22 FR 6765, Aug. 22, 1957, as
amended by CGFR 7175, 36 FR 13268, July 17, Subpart EForeign Claims
1971] 25.501 Scope.
25.503 Proper claimants.
23.30 Penalty. 25.505 Claimants excluded.
Section 638(b) of Title 14 U.S.C. (63 25.507 Claims payable.
Stat. 546) reads as follows: 25.509 Claims not payable.
No vessel or aircraft without authority 25.513 Amount claimed.
shall carry, hoist or display any ensign, pen- 25.515 Settlement and notice to claimant.
nant or other identifying insignia prescribed
for, or intended to resemble, any ensign, pen- Subpart FClaims Not Cognizable Under
nant or other identifying insignia prescribed Other Law
for Coast Guard vessels or aircraft. Each per-
son violating this provision shall be fined 25.601 Scope.
not more than $5,000, or imprisoned for not 25.603 Claims payable.
more than two years, or both. 25.605 Claims not payable.
[CGFR 5735, 22 FR 6765, Aug. 22, 1957] 25.609 Settlement and notice to claimant.
PART 25CLAIMS Subpart GArticle 139, Uniform Code of

Military Justice
Subpart AGeneral 25.701 Scope.
Sec. 25.703 Claims payable.
25.101 Purpose. 25.705 Claims not payable.
25.103 Information and assistance. 25.707 Time limitation on claims.
25.105 Definitions. 25.709 Assessment limitation on claims.
25.107 Who may present claims.
25.109 Insurance and other subrogated Subpart HPollution Removal Damage
claims. Claims
25.111 Action by claimant.
25.801 Scope.
25.113 Contents of claim.
25.803 Claims payable.
25.115 Evidence supporting a claim.
25.117 Proof of amount claimed for personal
injury or death. AUTHORITY: 14 U.S.C. 633; 49 CFR 1.45(a); 49
25.119 Proof of amount claimed for loss of, CFR 1.45(b); 49 CFR 1.46(b), unless otherwise
or damage to, property. noted.
94
SOURCE: CGD 80033, 46 FR 27109, May 18, Settlement authority. A person author-
1981, unless otherwise noted. ized to settle a claim.
[CGD 80033, 46 FR 27109, May 18, 1981; 46 FR
Subpart AGeneral 29933, June 4, 1981]
25.101 Purpose.
25.107 Who may present claims.
This subpart prescribes the require-
ments for the administrative settle- (a) General rules:
ment of claims against the United (1) A claim for property loss or dam-
States, other than claims against the age may be presented by anyone having
Oil Spill Liability Trust Fund under an interest in the property, including
part 136 of this chapter and contract an insurer or other subrogee, unless
claims, but including claims arising the interest is barred under 25.109(a).
from acts or omissions of employees of (2) A claim for personal injury may
non-appropriated fund activities within be presented by the person injured.
the United States, its territories, and (3) A claim based on death may be
possessions. presented by the executor or adminis-
trator of the decedents estate, or any
[USCG20019286, 66 FR 33639, June 25, 2001]
other person legally entitled to assert
25.103 Information and assistance. such a claim under local law. The
claimants status must be stated in the
Any person who desires to file a claim.
claim against the United States Coast (4) A claim for medical, hospital, or
Guard arising out of the activities of burial expenses may be presented by
the Coast Guard may obtain informa-
any person who by reason of family re-
tion and assistance from the Coast
lationship has, in fact, incurred the ex-
Guard Legal Service Command, Claims
penses.
Division (LSC5), located at 300 East
Main Street, Suite 400, Norfolk, VA (b) A joint claim must be presented
235109100, or from Commandant (CG in the names of and signed by, the joint
0945), 2100 2nd St., SW., Stop 7121, claimants, and the settlement must be
Washington, DC 205937121, or from the made payable to the joint claimants.
Commander of any Coast Guard Dis- (c) A claim may be presented by a
trict listed in 33 CFR Part 3. duly authorized agent, legal represent-
ative or survivor, if it is presented in
[CGD 87008b, 52 FR 25217, July 6, 1987, as the name of the claimant. If the claim
amended by CGD 97023, 62 FR 33362, June 19, is not signed by the claimant, the
1997; USCG20019286, 66 FR 33639, June 25,
2001; USCG20100351, 75 FR 36278, June 25,
agent, legal representative, or survivor
2010] shall indicate their title or legal capac-
ity and provide evidence of their au-
25.105 Definitions. thority to present the claim.
Accrual date. The day on which the (d) Where the same claimant has a
alleged wrongful act or omission re- claim for damage to or loss of property
sults in injury or damage for which a and a claim for personal injury or a
claim is made or when the claimant claim based on death arising out of the
discovers, or in the exercise of reason- same incident, they must be combined
able diligence should have discovered, in one claim.
the alleged wrongful act or omission.
Claim. A written notification of an 25.109 Insurance and other sub-
rogated claims.
incident accompanied by demand for
the payment of a sum certain of (a) The claims of an insured
money, other than for ordinary obliga- (subrogor) and an insurer (subrogee) for
tions incurred for services, supplies, or damages arising out of the same inci-
equipment. dent constitute a single claim. The
Settle. To consider, ascertain, adjust, total award of combined claims may
determine, compromise (when specifi- not exceed the monetary jurisdiction of
cally authorized by law), and dispose of the settlement authority. If the total
a claim by disapproval or approval, in award of the combined claims exceeds,
whole or in part. or is expected to exceed, a settlement
95
25.111 33 CFR Ch. I (7112 Edition)
authoritys limits, the settlement au- VA 235109100. If that is not possible,

thority is not permitted to consider ei- the claim may also be presented to:
ther, and the claim file will be for- (1) The commanding officer of the
warded to an appropriate settlement Coast Guard unit involved;
authority. (2) A Coast Guard unit convenient to
(b) An insured (subrogor) and an in- the claimant; or
surer (subrogee) may file a claim joint- (3) Chief, Office of Claims and Litiga-
ly or separately. If the insurer has tion, Chief Counsel, (CG0945), 2100 2nd
fully reimbursed the insured, payment St., SW., Stop 7121, Washington, DC
will only be made to the insurer. If sep- 205937121.
arate claims are filed, the settlement NOTE TO PARAGRAPH (b): In a foreign coun-
will be made payable to each claimant try, where there is no Coast Guard unit, the
claim is considered presented to the Coast
to the extent of that claimants undis-
Guard if it is presented to the military atta-
puted interest. If joint claims are filed, che of any United States embassy or con-
the settlement will be sent to the in- sulate or to the commanding officer of any
surer. unit of the armed services of the United
(c) Each claimant shall include with States.
a claim, a written disclosure con- (c) Time. The time limits for pre-
cerning insurance coverage including: senting claims are contained in the fol-
(1) The names and addresses of all in- lowing subparts addressing particular
surers; claim statutes.
(2) The kind and amount of insur- [CGD 80033, 46 FR 27109, May 18, 1981, as
ance; amended by CGD 87008b, 52 FR 25217, July 6,
(3) The policy number; 1987; CGD 97023, 62 FR 33362, June 19, 1997;
(4) Whether a claim has been or will USCG20019286, 66 FR 33639, June 25, 2001;
be presented to an insurer, and, if so, USCG20090416, 74 FR 27437, June 10, 2009;
USCG20100351, 75 FR 36278, June 25, 2010]
the amount of that claim; and whether
the insurer has paid the claim in whole 25.113 Contents of claim.
or in part, or has indicated payment
will be made. (a) A claim under the Federal Tort
Claims Act must be presented using
(d) Each subrogee shall substantiate
Standard Form 95, Claim for Damage,
an interest or right to file a claim by
Injury, or Death.
appropriate documentary evidence and
(b) A claim under any other Act may
shall support the claim as to liability
be presented using Standard Form 95.
and measure of damages in the same
Any claim which is not presented using
manner as required of any other claim-
Standard Form 95 shall include:
ant. Documentary evidence of payment
(1) The identity of the department,
to a subrogor does not constitute evi-
agency, or activity whose act or omis-
dence of liability of the United States
sion gave rise to the claim;
or conclusive evidence of the amount
(2) The full name and mailing address
of damages. The settlement authority
of the claimant. If this mailing address
makes an independent determination
is not claimants residence, the claim-
on the issues of fact and law based
ant shall also include residence ad-
upon the evidence of record.
dress;
(e) An insurance or other subrogated (3) The date, time, and place of the
claim is not payable under Subpart E, incident giving rise to the claim;
F, or G of this part. (4) The amount claimed, supported by
independent evidence of property dam-
25.111 Action by claimant.
age or loss, personal injury, or death,
(a) Form of claim. The claim must as applicable;
meet the requirements of 25.113. Au- (5) A detailed description of the inci-
thorized forms are available from the dent giving rise to the claim;
offices indicated in 25.103. (6) A description of any property
(b) Presentation. Whenever possible, damage or loss, including the identity
the claim must be presented to the of the owner, if other than the claim-
Coast Guard Legal Service Command, ant, as applicable;
Claims Division (LSC5), located at 300 (7) The nature and extent of the in-
East Main Street, Suite 400, Norfolk, jury, as applicable;
96
(8) The full name, title, if any, and NOTE: An examination by an independent
address of any witness to the incident medical facility or physician may be re-
and a brief statement of the witness quired to provide independent medical evi-
dence against which to evaluate the written
knowledge of the incident;
report of the claimants physician. The set-
(9) A description of any insurance tlement authority determines the need for
carried by the claimant or owner of the this examination, makes mutually conven-
property and the status of any insur- ient arrangements for such an examination,
ance claim arising from the incident; and bears the costs thereof.
and (c) All hospital records or other med-
(10) An agreement by the claimant to ical documents from either this injury
accept the total amount claimed in full or any relevant past injury.
satisfaction and final settlement of the (d) If the claimant is employed, a
claim. written statement by the claimants
(c) A claimant or duly authorized employer certifying the claimants:
agent or legal representative must sign (1) Age,
in ink a claim and any amendment to (2) Occupation,
that claim. If the persons signature (3) Hours of employment,
does not include the first name, middle (4) Hourly rate of pay or weekly sal-
initial, if any, and surname, that infor- ary,
mation must be included in the claim. (5) Time lost from work as a result of
A married woman must sign her claim the incident, and
in her given name, e.g., Mary A. Doe, (6) Claimants actual period of em-
rather than Mrs. John Doe. ployment, full-time or part-time, and
any effect of the injury upon such em-
25.115 Evidence supporting a claim.
ployment to support claims for lost
The claimant shall present inde- earnings.
pendent evidence to support a claim. (e) If the claimant is self-employed,
This evidence may include, if available, written statements, or other evidence
statements of witnesses, accident or showing:
casualty reports, photographs and (1) The amount of earnings actually
drawings. lost, and
(2) The Federal tax return if filed for
25.117 Proof of amount claimed for
personal injury or death. the three previous years.
(f) If the claim arises out of injuries
The following evidence must be pre- to a person providing services to the
sented when appropriate: claimant, statement of the cost nec-
(a) Itemized medical, hospital, and essarily incurred to replace the serv-
burial bills. ices to which claimant is entitled
(b) A written report by the attending under law.
physician including:
(1) The nature and extent of the in- 25.119 Proof of amount claimed for
jury and the treatment, loss of, or damage to, property.
(2) The necessity and reasonableness The following evidence must be pre-
of the various medical expenses in- sented when appropriate:
curred, (a) For each particular lost item, evi-
(3) Duration of time injuries pre- dence of its value such as a bill of sale
vented or limited employment, and a written appraisal, or two written
(4) Past, present, and future limita- appraisals, from separate disinterested
tions on employment, dealers or brokers, market quotations,
(5) Duration and extent of pain and commercial catalogs, or other evidence
suffering and of any disability or phys- of the price at which like property can
ical disfigurement, be obtained in the community. The set-
(6) A current prognosis, tlement authority may waive these re-
(7) Any anticipated medical expenses, quirements when circumstances war-
and rant. The cost of any appraisal may be
(8) Any past medical history of the included as an element of damage if
claimant relevant to the particular in- not deductible from any bill submitted
jury alleged. to claimant.
97
25.121 33 CFR Ch. I (7112 Edition)
(b) For each particular damaged item of the person who offered that use, the
which can be economically repaired, terms of the offer, time of prospective
evidence of cost of repairs such as a service, and rate of compensation; and
receipted bill and one estimate, or two (8) If at the time of damage the prop-
estimates, from separate disinterested erty was under charter or hire, or was
repairmen. The settlement authority otherwise employed, or would have
may waive these requirements when been employed, the claimant shall sub-
circumstances warrant. The cost of any mit a statement of operating expenses
estimate may be included as an ele- that were, or would have been, in-
ment of damage if not deductible from curred. This statement shall include
any repair bill submitted to claimant. wages and all bonuses which would
(c) For any claim which may result have been paid, the value of fuel and
in payment in excess of $20,000.00, a the value of consumable stores, sepa-
survey or appraisal shall be performed rately stated, which would have been
as soon as practicable after the damage consumed, and all other costs of oper-
accrues, and, unless waived in writing, ation which would have been incurred
shall be performed jointly with a gov- including, but not limited to, license
ernment representative. and parking fees, personnel expenses,
(d) If the item is so severely damaged harbor fees, wharfage, dockage, shed-
that it cannot be economically re- ding, stevedoring, towage, pilotage, in-
paired or used, it shall be treated as a spection, tolls, lockage, anchorage and
lost item. moorage, grain elevation, storage, and
(e) If a claim includes loss of earn- customs fees.
ings or use during repairs to the dam- (f) For each item which is lost, actual
aged property, the following must also or constructive, proof of ownership.
be furnished and supported by com-
petent evidence: 25.121 Effect of other payments to
(1) The date the property was dam- claimant.
aged; The total amount to which the
(2) The name and location of the re- claimant may be entitled is normally
pair facility; computed as follows:
(3) The beginning and ending dates of (a) The total amount of the loss,
repairs and an explanation of any delay damage, or personal injury suffered for
between the date of damage and the be- which the United States is liable, less
ginning date; any payment the claimant has received
(4) A complete description of all re- from the following sources:
pairs performed, segregating any work (1) The military member or civilian
performed for the owners account and employee who caused the incident;
not attributable to the incident in- (2) The military members or civilian
volved, and the costs thereof; employees insurer; and
(5) The date and place the property (3) Any joint tort-feasor or insurer.
was returned to service after comple- (b) No deduction is generally made
tion of repairs, and an explanation, if for any payment the claimant has re-
applicable, of any delay; ceived by way of voluntary contribu-
(6) Whether or not a substitute for tions, such as donations of charitable
the damaged property was available. If organizations.
a substitute was used by the claimant
during the time of repair, an expla- 25.123 Settlement and notice to
nation of the necessity of using the claimant.
substitute, how it was used, and for (a) If the settlement authority deter-
how long, and the costs involved. Any mines that the full amount claimed
costs incurred that would have been should be paid, the settlement author-
similarly incurred by the claimant in ity forwards the claim to the dis-
using the damaged property must be bursing officer for payment. If the time
identified; involved in settling the claim has been
(7) Whether or not during the course extensive, the settlement authority no-
of undergoing repairs the property tifies the claimant.
would have been used, and an expla- (b) If the settlement authority deter-
nation submitted showing the identity mines that less than the full amount
98
claimed should be paid, the settlement forts appear unwarranted, the settle-
authority: ment authority notifies the claimant
(1) Notifies the claimant in writing of in writing by certified or registered
the proposed settlement. mail, return receipt requested, that the
(2) Obtains from the claimant written relief requested is denied.
acceptance and release for payment of (d) For the effect of reconsideration
the claim in the reduced amount. under the Federal Tort Claims Act see
(3) Advises the claimant, in the event 28 CFR Part 14.
claimant does not desire to accept the
offer, to reply within 45 days giving 25.129 Acceptance of offer of settle-
reasons for rejection. ment.
(4) Except upon a showing of good Claimants acceptance of an offer of
cause for delay in accepting a proposed settlement is a complete release of any
settlement within 45 days, treats the claim against the United States and
non-acceptance as a rejection. Rejec- against the military or civilian per-
tion by a claimant of an offer of settle- sonnel of the Coast Guard whose act or
ment renders the offer void. omission gave rise to the claim.
(5) If a claimant rejects a proposed
settlement or fails to reply within 45 25.131 Delegation of authority.
days, the settlement authority may (a) The Chief Counsel is delegated the
make further efforts to settle the following authority:
claim. When the settlement authority (1) To carry out the functions of the
determines that further efforts to set- Secretary and to exercise the Com-
tle the claim are not warranted, the mandants authority as commanding
settlement authority notifies the officer for all Coast Guard personnel in
claimant in writing by registered or regard to claims brought under Article
certified mail, return receipt re- 139, Uniform Code of Military Justice
quested, that the claim has been denied (10 U.S.C. 939);
because the amount claimed is exces- (2) To carry out the functions of an
sive. officer designated by the Secretary
(c) If the claim is denied, the settle- under the so-called Foreign Claims
ment authority notifies the claimant Act, as amended (10 U.S.C. 2734);
in writing by registered or certified (3) To request that the Department of
mail, return receipt requested. Defense pay any meritorious claims
arising under International Agree-
25.125 Appeal. ments in accordance with Title 10
The final denial of a claim by a set- U.S.C. 2734a and 2734b;
tlement authority or a partial approval (4) To carry out the functions of the
by a settlement authority is not sub- Secretary under the Act of October 9,
ject to appeal except under the proce- 1962, as amended (10 U.S.C. 2737);
dures prescribed for Military Claims in (5) To carry out the functions of the
Subpart D of this part. Secretary under the Act of August 16,
1937, as amended (14 U.S.C. 642);
25.127 Reconsideration. (6) To carry out the functions of the
(a) The settlement authority may re- Secretary under the Act of June 15,
consider a claim upon the authoritys 1936, as amended (14 U.S.C. 646);
own initiative or upon request of the (7) To carry out the functions of the
claimant or someone acting on the Secretary under the Act of August 4,
claimants behalf. 1949, as amended (14 U.S.C. 647);
(b) A request for reconsideration (8) To carry out the functions of the
must be in writing and include the Secretary under the Act of February
legal or factual grounds for the relief 19, 1941, as amended (14 U.S.C. 830);
requested. (9) To carry out the functions of the
(c) Following any investigation or head of a Federal agencys designee
other action deemed necessary for re- under the Federal Tort Claims Act, as
consideration of the original action, amended (28 U.S.C. 2672);
the settlement authority reconsiders (10) To carry out the functions of the
the claim and if warranted attempts to head of an agency under the Military
settle it. When further settlement ef- Personnel and Civilian Employees
99
25.133 33 CFR Ch. I (7112 Edition)
Claims Act, as amended (31 U.S.C. erenced in paragraph (a) of this section
3721); are processed and settled by the service
(11) To carry out the functions of the assigned responsibility.
head of an agency under the Federal (c) A list of countries assigned to a
Claims Collection Act of 1966, as single-service is available from the
amended (31 U.S.C. 3711); military attache at any United States
(12) To carry out the functions of the embassy or consulate.
head of the department under the Fed- (d) In a country not assigned to a sin-
eral Medical Care Recovery Act (42 gle-service, the rules for presenting
U.S.C. 26512653); claims may be found in 25.111, and the
(13) To review and approve for pay- claim will be settled by the Coast
ment any voucher for payment of a Guard.
claim for $25 or less the authority for
payment of which is questioned by a Subpart BAdmiralty Claims
certifying or disbursing officer;
(14) To establish procedures con- AUTHORITY: 14 U.S.C. 646; 14 U.S.C. 633; 49
sistent with the applicable statutes CFR 1.46(b).
and regulations for the administration
of all claims. 25.201 Scope.
NOTE: Under the Military Claims Act (10 This subpart prescribes the require-
U.S.C. 2733), the Secretary has authorized ments for the administrative settle-
the Chief Counsel to settle and pay claims, ment of maritime tort claims against
see 49 CFR 1.46(j). the United States for death, personal
(b) The Director of Finance and Pro- injury, damage to or loss of property
curement is delegated the authority to caused by a vessel or other property in
carry out the functions of the head of the service of the Coast Guard, or a
an agency under the Federal Claims maritime tort committed by an agent
Collection Act of 1966, as amended (31 of the Coast Guard, and for claims for
U.S.C. 3711). towage and salvage services rendered
[CGD 80033, 46 FR 27109, May 18, 1981, as to a Coast Guard vessel or property.
amended by CGD 82112, 48 FR 4773, Feb. 3,
1983; USCG20019286, 66 FR 33639, June 25, 25.203 Claims payable.
2001] A claim is payable under this subpart
if it is:
25.133 Redelegation of authority. (a) A claim for death, personal in-
The authority delegated in 25.131 jury, damage to or loss of real or per-
and in 49 CFR 1.46(j) to the Chief Coun- sonal property arising from a maritime
sel may, unless otherwise limited, be tort caused by an agent or employee of
redelegated in whole or in part to set- the Coast Guard, or a vessel or other
tlement authorities established by the property in the service of the Coast
Chief Counsel. Information concerning Guard, including an auxiliary facility
current settlement authorities is avail- operated under specific orders and act-
able from the offices indicated in ing within the scope of such orders; or
25.103. (b) A claim for compensation for tow-
age and salvage services rendered to a
25.135 Processing and settlement of vessel in the service of the Coast Guard
claims in foreign countries. or to other property under the jurisdic-
(a) In certain countries, the Depart- tion of the Coast Guard.
ment of Defense has assigned single-
service responsibility for the settle- 25.205 Claims not payable.
ment of claims arising under the For- A claim is not payable under this
eign Claims Act, Military Claims Act, subpart if it:
Nonscope of Employment Claims Act, (a) Results from action by an enemy,
Federal Medical Care Recovery Act, or directly or indirectly from an act of
and Federal Claims Collection Act. the armed services of the United States
(b) In a country where single-service in combat;
claims responsibility has been as- (b) Is purely contractual in nature;
signed, claims against the United (c) Is for death or personal injury of
States cognizable under the acts ref- a United States employee for whom
100
benefits are provided under the Federal 25.303 Procedure.

Employees Compensation Act, or any
A claim shall be presented and proc-
other system of compensation where essed in accordance with 28 CFR Part
contribution is made or insurance pre- 14. Should there be a conflict between
miums paid directly or indirectly by the provisions of 33 CFR Part 25, Sub-
the United States on behalf of the in- part A and the Department of Justice
jured employee; regulations in 28 CFR Part 14, the De-
(d) Is one for which a foreign country partment of Justice regulations gov-
is responsible under Article VIII of the ern.
Agreement Regarding the Status of
Forces of Parties to the North Atlantic Subpart DMilitary Claims
Treaty, or other similar treaty agree-
ment;
AUTHORITY: 10 U.S.C. 2733; 49 CFR 1.46(j).
(e) Arises from private or domestic
obligations as distinguished from gov- 25.401 Scope.
ernmental transactions; or
This subpart prescribes the require-
(f) Is for damage to or loss of per- ments for the administrative settle-
sonal property of military personnel or ment of claims against the United
civilian employees which is cognizable States arising out of the activities of
under the Military Personnel and Civil- the Coast Guard under the Military
ian Employees Claims Act, as amend- Claims Act.
ed.
A claim arising at any place caused
(a) A settlement authority may ad- by military personnel or civilian em-
ministratively settle and approve a ployees of the Coast Guard acting with-
claim for final payment within two in the scope of their employment, or
years from the date that the cause of otherwise incident to noncombat ac-
action accrues. Otherwise, the claim is tivities of the Coast Guard, whether or
barred. This two-year period is not ex- not negligence or intentional tort is
tended by presenting a claim nor by ne- shown, is payable under this subpart
gotiations or correspondence. The ex- for:
istence of an administrative claim does (a) Damage to or loss of real prop-
not extend the two year statute of lim- erty, including damage or loss incident
itations in 46 U.S.C. 745. to the use and occupancy of real prop-
(b) If a complaint is filed in a Federal erty by the Coast Guard;
District Court before the expiration of (b) Damage to or loss of personal
the two-year period, an administrative property, including property bailed to
settlement may be negotiated by the the Coast Guard;
settlement authority only with the (c) Damage to or loss of registered or
consent of the Department of Justice. insured mail while the mail is in the
Payment is made upon final dismissal possession of the Coast Guard even
of the complaint. though damaged or lost by criminal
act; or
(d) Death or personal injury.
Subpart CFederal Tort Claims
AUTHORITY: 28 U.S.C. 2672; 28 CFR 14.11; 49 A claim is not payable under this
CFR 1.45(a)(2); 49 CFR 1.45(a)(3). subpart if it:
(a) Results from action by an enemy
25.301 Scope.
or directly or indirectly from an act of
This subpart prescribes the require- the armed services of the United States
ments for the administrative settle- in combat;
ment of claims against the United (b) Is purely contractual in nature;
States arising out of Coast Guard ac- (c) Results wholly or partly from the
tivities under the Federal Tort Claims negligent or wrongful act of the claim-
Act. ant, claimants agent, or claimants
101
25.407 33 CFR Ch. I (7112 Edition)
employee, unless comparative neg- (b) For the purposes of this section, a
ligence is applicable under local law; war or armed conflict is one in which
(d) Is for death or personal injury of an armed service of the United States
a United States employee for whom is engaged. The dates of commence-
benefits are provided under the Federal ment and termination of an armed con-
Employees Compensation Act, Long- flict will be as established by concur-
shoremens and Harbor Workers Com- rent resolution of Congress or by deter-
pensation Act, or any other system of mination of the President.
compensation where contribution is
made or insurance premiums paid di- 25.409 Appeal.
rectly or indirectly by the United (a) A claimant may submit an appeal,
States on behalf of the injured em- in writing, through the settlement au-
ployee; thority disapproving the claim or ap-
(e) Is cognizable under Subpart C or proving the claim in part.
E of this part; (1) The appeal shall set forth fully
(f) Is for reimbursement for medical, the legal or factual bases asserted as
hospital, or burial services furnished at grounds for the appeal; and
the expense of the United States; (2) The appeal is permitted only if it
(g) Is one of the following exceptions is postmarked within 45 days after re-
to the Federal Tort Claims Act, 28 ceipt of (i) notice of disapproval of the
U.S.C. 2680 (a), (b), (e), (f), (h), or (j). claim or (ii) offer of settlement in a re-
(However, a claim falling within the duced amount.
exception contained in 28 U.S.C. 2680 (b) The disapproval of a claim is final
(b) is payable when not prohibited by unless the claimant submits a request
paragraph (i) of this section.); for reconsideration or an appeal in
(h) Results from a specific risk which writing.
the claimant assumed in writing before (c) Upon receipt of an appeal, the set-
the incident giving rise to the claim; tlement authority examines it and for-
(i) Is for damage to or loss of a letter wards it with the claim file, opinions,
or postal matter while in the posses- and recommendations to the next high-
sion of the Postal Service; er settlement authority.
(j) Is for rent, or other payments in-
volving the acquisition, use, posses- Subpart EForeign Claims
sion, or disposition of real property or
interests therein by and for the Coast AUTHORITY: 10 U.S.C. 2734; 49 CFR 1.46(b).
Guard except as provided in 25.403(a);
(k) Is for the taking of private prop- 25.501 Scope.
erty by trespass except for actual phys- This subpart prescribes the require-
ical damage; or ments for the administrative settle-
(l) Is for personal injury or death of a ment of claims against the United
member or civilian employee of the States by a foreign country, political
armed services of the U.S. whose death subdivision or inhabitant thereof, for
or injury was incident to service. death, personal injury, damage to or
[CGD 80033, 46 FR 27109, May 18, 1981, as loss of property occurring outside the
amended by CGD 87008b, 52 FR 25218, July 6, United States, its territories, common-
1987] wealths, or possessions, caused by a
military member or civilian employee
25.407 Time limitation on claims. of the Coast Guard, or otherwise inci-
(a) A claim may be settled only if dent to noncombat activities of the
presented in writing within two years Coast Guard.
after it accrues, except that if it ac-
crues in time of war or armed conflict, 25.503 Proper claimants.
or if war or armed conflict intervenes (a) The claimant, or the decedent in
within two years after it accrues, and a death case, must have been an inhab-
if good cause is shown, the claim may itant of a foreign country at the time
be presented not more than two years of the incident giving rise to the claim
after the termination of the war or and must not be otherwise excluded by
armed conflict. 25.505. It is not necessary that a
102
claimant be a citizen of, or legal domi- the armed services of the United States
ciliary of the foreign country. in combat;
(b) A corporation or other organiza- (b) Is purely contractual in nature;
tion doing business in a foreign coun- (c) Is for death or personal injury of
try on a permanent basis may qualify a United States employee for whom
as a proper claimant although orga- benefits are provided under the Federal
nized under United States law. Employees Compensation Act, the
(c) The government of a foreign coun- Longshoremens and Harbor Workers
try or a political subdivision thereof is Compensation Act, or any other sys-
a proper claimant unless excluded by tem of compensation where contribu-
waiver provisions of applicable inter- tion is made or insurance premiums
national agreements. paid directly or indirectly by the
United States on behalf of the injured
25.505 Claimants excluded.
employee;
(a) Civilian employees of the United (d) Is one for which a foreign country
States and members of the armed serv- is responsible under Article VIII of the
ices of the United States and their de- Agreement Regarding the Status of
pendents, who are in a foreign country Forces of Parties to the North Atlantic
primarily because of their own or their Treaty, or other similar treaty agree-
sponsors duty status. ment;
(b) Other citizens of the United (e) Arises from private or domestic
States, its territories, commonwealths, obligations as distinguished from gov-
or possessions, unless they can estab- ernmental transactions;
lish their status as inhabitants of the (f) Is a bastardy claim; or
foreign country.
(c) An insurer or other subrogee. (g) Involves a patent or copyright in-
fringement.
(a) A claim is payable under this sub-
part if it was incident to a noncombat A claim may be settled only if pre-
activity of the Coast Guard or was sented in writing within two years
caused by: after it accrues. Under appropriate cir-
(1) A military member of the Coast cumstances, a claim presented orally
Guard; may be considered.
(2) A civilian employee of the Coast
Guard who is not a national of the 25.513 Amount claimed.
country in which the incident oc- The claimant shall state the amount
curred; or claimed in the currency of the country
(3) A civilian employee of the Coast where the incident occurred or where
Guard who is a national of the country the claimant resided at the time of the
in which the incident occurred if: incident.
(i) The employee was within the
scope of employment, or 25.515 Settlement and notice to
(ii) An employer or owner of the claimant.
property involved would be liable under If a claim is determined to be meri-
local law. torious in any amount, a written ac-
(b) The fact that the act giving rise ceptance and release or a claim settle-
to a claim may constitute a crime does ment agreement shall be signed by the
not, by itself, bar relief. claimant before payment. The release
(c) Local law or custom pertaining to executed by the claimant shall release
contributory or comparative neg- the United States and also release the
ligence, and to joint tort-feasors, are tort-feasor or the person who occa-
applied to the extent practicable. sioned the damage, injury, or death.
A claim is not payable under this Subpart FClaims Not Cognizable
subpart if it: Under Other Law
(a) Results from action by an enemy
or directly or indirectly from an act of AUTHORITY: 10 U.S.C. 2737; 49 CFR 1.45(a)(2).
103
25.601 33 CFR Ch. I (7112 Edition)
25.601 Scope. Subpart GArticle 139, Uniform

This subpart prescribes the require- Code of Military Justice
ments for the administrative settle-
ment of claims against the United AUTHORITY: 10 U.S.C. 939; 49 CFR 1.46(b).
States under 10 U.S.C. 2737 incident to
use of property of the United States 25.701 Scope.
and not cognizable under other law. This subpart prescribes the require-
ments for the administrative settle-
25.603 Claims payable. ment of claims under Article 139, Uni-
A claim for death, personal injury, or form Code of Military Justice, 10 U.S.C.
damage to or loss of real or personal 939, against military members of the
Coast Guard for damage to property
property under this subpart is payable
willfully caused by them or loss of
when caused by a military member or a
property wrongfully taken by them.
civilian employee of the Coast Guard:
(a) Incident to the use of a vehicle of 25.703 Claims payable.
the United States at any place; or A claim for damage to or loss of real
(b) Incident to the use of any other or personal property caused by a mili-
property of the United States on a gov- tary member of the Coast Guard is pay-
ernment installation. able under this subpart when the dam-
age or loss results from:
25.605 Claims not payable. (a) Willful or intentional acts;
A claim is not payable under this (b) Wrongful taking; or
subpart if it: (c) Riotous, violent, and reckless con-
(a) Is legally recoverable by the duct or acts of depredation by an indi-
claimant under a compensation statute vidual or group that evidences willful-
or an insurance policy; ness.
(b) Results wholly or partly from the 25.705 Claims not payable.
negligent or wrongful act of the claim-
ant, claimants agent or employee; A claim is not payable under this
(c) Is a subrogated claim; subpart if it:
(a) Is for death or personal injury;
(d) Is cognizable under any other pro-
(b) Results wholly or partly from the
vision of law or regulation adminis- grossly negligent, or reckless act of the
tered by the Coast Guard; or claimant, claimants agent or em-
(e) Is for any element of damage per- ployee;
taining to death or personal injury, (c) Is a subrogated claim;
other than the cost of reasonable med- (d) Is for damage to or loss of prop-
ical, hospital, and burial expenses actu- erty owned by the United States or
ally incurred and not otherwise fur- property of a Nonappropriated Fund
nished or paid by the United States. Activity;
(e) Results from negligence;
25.607 Time limitation on claims. (f) Is for indirect or remote damages;
A claim may be settled only if pre- (g) Is for damage to or loss of prop-
sented in writing within two years erty resulting from the act or omission
after it accrues. of a member of the Coast Guard acting
within the scope of the members em-
25.609 Settlement and notice to ployment;
claimant. (h) Extends to damage or loss that
results from the owners failure to
If a claim is determined to be meri-
mitigate damages; or
torious in any amount, the claimant
(i) Has been paid by a third party.
must sign a written acceptance and re-
lease or a claim settlement agreement 25.707 Time limitation on claims.
before payment. Although larger A claim may be settled only if pre-
claims may be considered, no claim sented within 90 days after it accrues
may be approved or paid in an amount unless good cause is shown for the
that exceeds $1,000.00. delay.
104
25.709 Assessment limitation on 26.03 Radiotelephone required.

claims. 26.04 Use of the designated frequency.
26.05 Use of radiotelephone.
A claim is permitted in any amount; 26.06 Maintenance of radiotelephone; failure
however, this subpart prohibits any as- of radiotelephone.
sessment that exceeds one-half of one 26.07 Communications.
months basic pay against the pay of 26.08 Exemption procedures.
any offender. 26.09 List of exemptions.
AUTHORITY: 14 U.S.C. 2, 33 U.S.C. 12011208;
Subpart HPollution Removal Pub. L. 107295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170. Rule
Damage Claims 1, International Regulations for the Preven-
tion of Collisions at Sea.
AUTHORITY: 33 U.S.C. 1321(j)(1)(A); 33 U.S.C. SOURCE: CGD 71114R, 37 FR 12720, June 28,
1321(1); EO 11735, sec. 5 (a), (b)(3); 49 CFR 1972, unless otherwise noted.
1.46(m).
26.01 Purpose.
25.801 Scope.
(a) The purpose of this part is to im-
This subpart prescribes the require- plement the provisions of the Vessel
ments for the administrative settle- Bridge-to-Bridge Radiotelephone Act.
ment of claims against the United This part:
States for damage to or loss of prop- (1) Requires the use of the vessel
erty resulting from containment or re- bridge-to-bridge radiotelephone;
moval activities during Phase III or IV (2) Provides the Coast Guards inter-
of the National Contingency Plan, pretation of the meaning of important
under the Federal Water Pollution terms in the Act;
Control Act, as amended. 33 U.S.C. 1321. (3) Prescribes the procedures for ap-
25.803 Claims payable. plying for an exemption from the Act
and the regulations issued under the
A claim for damage to or loss of real Act and a listing of exemptions.
or personal property is payable under (b) Nothing in this part relieves any
this subpart if: person from the obligation of com-
(a) Caused by the United States, its plying with the rules of the road and
employees, agents or contractors dur- the applicable pilot rules.
ing containment, countermeasures,
cleanup, mitigation, and disposal ac- 26.02 Definitions.
tivities under the National Contin- For the purpose of this part and in-
gency Plan; and terpreting the Act:
(b) In the exercise of care reasonable Act means the Vessel Bridge-to-
under the circumstances, the incident Bridge Radiotelephone Act, 33 U.S.C.
giving rise to the claim was necessary sections 12011208;
and the damage unavoidable. Length is measured from end to end
over the deck excluding sheer;
Power-driven vessel means any vessel
A claim is not payable under this propelled by machinery; and
subpart if it: Secretary means the Secretary of the
(a) Is for death or personal injury; or Department in which the Coast Guard
(b) Arises out of activities to contain is operating;
or remove a discharge of oil or other Territorial sea means all waters as de-
hazardous polluting substance from a fined in 2.22(a)(1) of this chapter.
United States or foreign public vessel Towing vessel means any commercial
or federally controlled facility. vessel engaged in towing another vessel
astern, alongside, or by pushing ahead.
PART 26VESSEL BRIDGE-TO- Vessel Traffic Services (VTS) means a
BRIDGE RADIOTELEPHONE REGU- service implemented under Part 161 of
LATIONS this chapter by the United States
Coast Guard designed to improve the
Sec. safety and efficiency of vessel traffic
26.01 Purpose. and to protect the environment. The
26.02 Definitions. VTS has the capability to interact
105
26.03 33 CFR Ch. I (7112 Edition)
with marine traffic and respond to traf- tions Commission for the exchange of
fic situations developing in the VTS navigational information.
area. (c) The radiotelephone required by
Vessel Traffic Service Area or VTS Area paragraph (b) of this section must be
means the geographical area encom- carried on board the described vessels,
passing a specific VTS area of service dredges, and floating plants upon the
as described in Part 161 of this chapter. navigable waters of the United States.
This area of service may be subdivided (d) The radiotelephone required by
into sectors for the purpose of allo- paragraph (b) of this section must be
cating responsibility to individual Ves- capable of transmitting and receiving
sel Traffic Centers or to identify dif- on VHF FM channel 22A (157.1 MHz).
ferent operating requirements. (e) While transiting any of the fol-
lowing waters, each vessel described in
NOTE: Although regulatory jurisdiction is
paragraph (a) of this section also must
limited to the navigable waters of the United
States, certain vessels will be encouraged or have on board a radiotelephone capable
may be required, as a condition of port of transmitting and receiving on VHF
entry, to report beyond this area to facili- FM channel 67 (156.375 MHz):
tate traffic management within the VTS (1) The lower Mississippi River from
area. the territorial sea boundary, and with-
(Rule 1, International Regulations for Pre- in either the Southwest Pass safety
venting Collisions at Sea, 1972 (as rectified); fairway or the South Pass safety fair-
EO 11964 (14 U.S.C. 2); 49 CFR 1.46(b)) way specified in 33 CFR 166.200, to mile
242.4 AHP (Above Head of Passes) near
[CGD 71114R, 37 FR 12720, June 28, 1972, as
amended by CGD 77118a, 42 FR 35784, July Baton Rouge;
11, 1977; CGD 90020, 59 FR 36322, July 15, 1994; (2) The Mississippi River-Gulf Outlet
USCG20019044, 68 FR 42601, July 18, 2003] from the territorial sea boundary, and
within the Mississippi River-Gulf out-
26.03 Radiotelephone required. let Safety Fairway specified in 33 CFR
(a) Unless an exemption is granted 166.200, to that channels junction with
under 26.09 and except as provided in the Inner Harbor Navigation Canal;
paragraph (a)(4) of this section, this and
part applies to: (3) The full length of the Inner Har-
bor Navigation Canal from its junction
(1) Every power-driven vessel of 20
with the Mississippi River to that ca-
meters or over in length while navi-
nals entry to Lake Pontchartrain at
gating;
the New Seabrook vehicular bridge.
(2) Every vessel of 100 gross tons and
(f) In addition to the radiotelephone
upward carrying one or more pas-
required by paragraph (b) of this sec-
sengers for hire while navigating;
tion, each vessel described in para-
(3) Every towing vessel of 26 feet or graph (a) of this section while
over in length while navigating; and transiting any waters within a Vessel
(4) Every dredge and floating plant Traffic Service Area, must have on
engaged in or near a channel or fairway board a radiotelephone capable of
in operations likely to restrict or af- transmitting and receiving on the VTS
fect navigation of other vessels except designated frequency in Table 161.12(c)
for an unmanned or intermittently (VTS and VMRS Centers, Call Signs/
manned floating plant under the con- MMSI, Designated Frequencies, and
trol of a dredge. Monitoring Areas).
(b) Every vessel, dredge, or floating
plant described in paragraph (a) of this NOTE: A single VHF-FM radio capable of
scanning or sequential monitoring (often re-
section must have a radiotelephone on ferred to as dual watch capability) will
board capable of operation from its not meet the requirements for two radios.
navigational bridge, or in the case of a
dredge, from its main control station, [CGD 91046, 57 FR 14485, Apr. 21, 1992; 57 FR
21740, May 22, 1992, as amended by CGD 90
and capable of transmitting and receiv-
020, 59 FR 36322, July 15, 1994; CGD 95033, 60
ing on the frequency or frequencies FR 28328, May 31, 1995; CGD 92052, 61 FR
within the 156162 Mega-Hertz band 45325, Aug. 29, 1996; CGD19996141, 64 FR
using the classes of emissions des- 69635, Dec. 14, 1999; USCG200314757, 68 FR
ignated by the Federal Communica- 39364, July 1, 2003]
106
26.04 Use of the designated fre- ment to satisfy the requirements of

quency. this act.
(a) No person may use the frequency [CGD 93072, 59 FR 39963, Aug. 5, 1994]
designated by the Federal Communica-
tions Commission under section 8 of 26.06 Maintenance of radiotelephone;
failure of radiotelephone.
the Act, 33 U.S.C. 1207(a), to transmit
any information other than informa- Section 6 of the Act states:
tion necessary for the safe navigation (a) Whenever radiotelephone capability is
of vessels or necessary tests. required by this Act, a vessels radio-
(b) Each person who is required to telephone equipment shall be maintained in
effective operating condition. If the radio-
maintain a listening watch under sec- telephone equipment carried aboard a vessel
tion 5 of the Act shall, when necessary, ceases to operate, the master shall exercise
transmit and confirm, on the des- due diligence to restore it or cause it to be
ignated frequency, the intentions of his restored to effective operating condition at
vessel and any other information nec- the earliest practicable time. The failure of
a vessels radiotelephone equipment shall
essary for the safe navigation of ves-
not, in itself, constitute a violation of this
sels. Act, nor shall it obligate the master of any
(c) Nothing in these regulations may vessel to moor or anchor his vessel; however,
be construed as prohibiting the use of the loss of radiotelephone capability shall be
the designated frequency to commu- given consideration in the navigation of the
nicate with shore stations to obtain or vessel.
furnish information necessary for the 26.07 Communications.
safe navigation of vessels.
No person may use the services of,
(d) On the navigable waters of the
and no person may serve as, a person
United States, channel 13 (156.65 MHz)
required to maintain a listening watch
is the designated frequency required to under section 5 of the Act, 33 U.S.C.
be monitored in accordance with 1204, unless the person can commu-
26.05(a) except that in the area pre- nicate in the English language.
scribed in 26.03(e), channel 67 (156.375
MHz) is the designated frequency. [CGD 90020, 59 FR 36323, July 15, 1994, as
amended by CGD 95033, 60 FR 28329, May 31,
(e) On those navigable waters of the 1995]
United States within a VTS area, the
designated VTS frequency is an addi- 26.08 Exemption procedures.
tional designated frequency required to (a) The Commandant has redelegated
be monitored in accordance with 26.05. to the Assistant Commandant for Ma-
(85 Stat. 164; 33 U.S.C. 12011208; 49 CFR rine Safety, Security and Environ-
1.46(n)(2)) mental Protection, U.S. Coast Guard
Headquarters, with the reservation
[CGD 71114R, 37 FR 12720, June 28, 1982, as that this authority shall not be further
amended by CGD 83036, 48 FR 30107, June 30,
redelegated, the authority to grant ex-
1983; CGD 91-046, 57 FR 14486, Apr. 21, 1992; 57
FR 21741, May 22, 1992; CGD 90020, 59 FR
emptions from provisions of the Vessel
36323, July 15, 1994; CGD 95033, 60 FR 28329, Bridge-to-Bridge Radiotelephone Act
May 31, 1995] and this part.
(b) Any person may petition for an
26.05 Use of radiotelephone. exemption from any provision of the
Act or this part;
Section 5 of the Act states that the (c) Each petition must be submitted
radiotelephone required by this Act is in writing to U.S. Coast Guard, Marine
for the exclusive use of the master or Safety, Security and Environmental
person in charge of the vessel, or the Protection, (CG5), 2100 2nd St., SW.,
person designated by the master or per- Stop 7355, Washington, DC 205937355,
son in charge to pilot or direct the and must state:
movement of the vessel, who shall (1) The provisions of the Act or this
maintain a listening watch on the des- part from which an exemption is re-
ignated frequency. Nothing herein quested; and
shall be interpreted as precluding the (2) The reasons why marine naviga-
use of portable radiotelephone equip- tion will not be adversely affected if
107
26.09 33 CFR Ch. I (7112 Edition)
the exemption is granted and if the ex- telephone Act (33 U.S.C. 12011208) ap-
emption relates to a local communica- plies is exempt from the requirements
tion system how that system would in 33 U.S.C. 1203, 1204, and 1205 and the
fully comply with the intent of the regulations under 26.03, 26.04, 26.05,
concept of the Act but would not con- 26.06, and 26.07. Each of these vessels
form in detail if the exemption is and each person to whom 33 U.S.C.
granted. 1208(a) applies must comply with Arti-
cles VII, X, XI, XII, XIII, XV, and XVI
[CGD 71114R, 37 FR 12720, June 28, 1972, as
amended by CGD 73256, 39 FR 9176, Mar. 8, and Technical Regulations 19 of The
1974; CGD 88052, 53 FR 25119, July 1, 1988; Agreement Between the United States
CGD 95057, 60 FR 34150, June 30, 1995; CGD of America and Canada for Promotion
96026, 61 FR 33663, June 28, 1996; CGD 97023, of Safety on the Great Lakes by Means
62 FR 33362, June 19, 1997; USCG200212471, 67 of Radio, 1973.
FR 41331, June 18, 2002; USCG20100351, 75
FR 36278, June 25, 2010] [CGD 72223R, 37 FR 28633, Dec. 28, 1972, as
amended by CGD 74291, 39 FR 44980, Dec. 30,
26.09 List of exemptions. 1974; CGD 83003, 48 FR 7442, Feb. 18, 1983;
CGD 91046, 57 FR 14486, Apr. 21, 1992]
(a) All vessels navigating on those
waters governed by the navigation
rules for Great Lakes and their con- PART 27ADJUSTMENT OF CIVIL
necting and tributary waters (33 U.S.C. MONETARY PENALTIES FOR IN-
241 et seq.) are exempt from the re- FLATION
quirements of the Vessel Bridge-to-
Bridge Radiotelephone Act and this AUTHORITY: Secs. 16, Pub. L. 101410, 104
part until May 6, 1975. Stat. 890, as amended by Sec. 31001(s)(1), Pub.
(b) Each vessel navigating on the L. 104134, 110 Stat. 1321 (28 U.S.C. 2461 note);
Great Lakes as defined in the Inland Department of Homeland Security Delega-
Navigational Rules Act of 1980 (33 tion No. 0170.1, sec. 2 (106).
U.S.C. 2001 et seq.) and to which the SOURCE: USCG20110257, 76 FR 31833, June
Vessel Bridge-to-Bridge Radio- 2, 2011, unless otherwise noted.
27.3 Penalty Adjustment Table.

Table 1 identifies the statutes administered by the Coast Guard that authorize
a civil monetary penalty. The adjusted maximum penalty is the maximum pen-
alty authorized by the Federal Civil Penalties Inflation Adjustment Act of 1990,
as amended, as determined by the Coast Guard.
TABLE 1CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS

2012 Adjusted
maximum
U.S. Code citation Civil monetary penalty description penalty amount
($)
14 U.S.C. 88(c) ............................... Saving Life and Property ........................................................................ 8,000

14 U.S.C. 645(i) .............................. Confidentiality of Medical Quality Assurance Records (first offense) ..... 4,000
14 U.S.C. 645(i) .............................. Confidentiality of Medical Quality Assurance Records (subsequent of- 30,000
fenses).
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 700
Penalty.
19 U.S.C. 1581(d) ........................... Failure to Stop Vessel When Directed; Master, Owner, Operator or 5,000
Person in Charge 1.
19 U.S.C. 1581(d) ........................... Failure to Stop Vessel When Directed; Master, Owner, Operator or 1,000
Person in ChargeMinimum Penalty 1.
33 U.S.C. 471 .................................. Anchorage Ground/Harbor Regulations General .................................... 110
33 U.S.C. 474 .................................. Anchorage Ground/Harbor Regulations St. Marys River ....................... 300
33 U.S.C. 495(b) ............................. Bridges/Failure to Comply with Regulations 2 ......................................... 25,000
33 U.S.C. 499(c) ............................. Bridges/Drawbridges 2 ............................................................................. 25,000
33 U.S.C. 502(c) ............................. Bridges/Failure to Alter Bridge Obstructing Navigation 2 ........................ 25,000
33 U.S.C. 533(b) ............................. Bridges/Maintenance and Operation ...................................................... 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
108
TABLE 1CIVIL MONETARY PENALTY INFLATION ADJUSTMENTSContinued

2012 Adjusted
maximum
($)
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 8,000
Charge.
33 U.S.C. 1236(c) ........................... Vessel Navigation: Regattas or Marine Parades; Owner Onboard Ves- 8,000
sel.
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 para- 190,000
graph).
33 U.S.C. 1321(b)(7)(A) .................. Oil/Hazardous Substances: Discharges (per day of violation) Judicial 40,000
Assessment.
33 U.S.C. 1321(b)(7)(A) .................. Oil/Hazardous Substances: Discharges (per barrel of oil or unit dis- 1,100
charged) Judicial Assessment.
33 U.S.C. 1321(b)(7)(B) .................. Oil/Hazardous Substances: Failure to Carry Out Removal/Comply With 40,000
Order (Judicial Assessment).
33 U.S.C. 1321(b)(7)(C) .................. Oil/Hazardous Substances: Failure to Comply with Regulation Issued 40,000
Under 1321(j) (Judicial Assessment).
33 U.S.C. 1321(b)(7)(D) .................. Oil/Hazardous Substances: Discharges, Gross Negligence (per barrel 4,000
of oil or unit discharged) Judicial Assessment.
33 U.S.C. 1321(b)(7)(D) .................. Oil/Hazardous Substances: Discharges, Gross NegligenceMinimum 130,000
Penalty (Judicial Assessment).
33 U.S.C. 1322(j) ............................ Marine Sanitation Devices; Operating .................................................... 3,000
33 U.S.C. 1322(j) ............................ Marine Sanitation Devices; Sale or Manufacture ................................... 8,000
33 U.S.C. 1608(a) ........................... International Navigation Rules; Operator ................................................ 8,000
33 U.S.C. 1608(b) ........................... International Navigation Rules; Vessel ................................................... 8,000
33 U.S.C. 1908(b)(1) ....................... Pollution from Ships; General ................................................................. 40,000
33 U.S.C. 1908(b)(2) ....................... Pollution from Ships; False Statement ................................................... 8,000
33 U.S.C. 2072(a) ........................... Inland Navigation Rules; Operator .......................................................... 8,000
33 U.S.C. 2072(b) ........................... Inland Navigation Rules; Vessel ............................................................. 8,000
33 U.S.C. 2609(a) ........................... Shore Protection; General ...................................................................... 40,000
33 U.S.C. 2609(b) ........................... Shore Protection; Operating Without Permit ........................................... 15,000
33 U.S.C. 2716a(a) ......................... Oil Pollution Liability and Compensation ................................................ 40,000
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 100,000
subsequent offense).
42 U.S.C. 9609(c) ........................... Hazardous Substances, Releases, Liability, Compensation (Judicial 35,000
Assessment).
42 U.S.C. 9609(c) ........................... Hazardous Substances, Releases, Liability, Compensation (Judicial 100,000
Assessment subsequent offense).
46 U.S.C. App 1505(a)(2) ............... Safe Containers for International Cargo ................................................. 8,000
46 U.S.C. App 1712(a) .................... International Ocean Commerce TransportationCommon Carrier 6,000
Agreements per violation.
46 U.S.C. App 1712(a) .................... International Ocean Commerce TransportationCommon Carrier 30,000
Agreements per violationWillfull violation.
46 U.S.C. App 1712(b) .................... International Ocean Commerce TransportationCommon Carrier 60,000
AgreementsFine for tariff violation (per shipment).
46 U.S.C. App 1805(c)(2) ............... Suspension of Passenger Service .......................................................... 70,000
46 U.S.C. 2110(e) ........................... Vessel Inspection or Examination Fees ................................................. 8,000
46 U.S.C. 2115 ................................ Alcohol and Dangerous Drug Testing ..................................................... 7,000
46 U.S.C. 2302(a) ........................... Negligent Operations: Recreational Vessels .......................................... 6,000
46 U.S.C. 2302(a) ........................... Negligent Operations: Other Vessels ..................................................... 30,000
46 U.S.C. 2302(c)(1) ....................... Operating a Vessel While Under the Influence of Alcohol or a Dan- 7,000
gerous Drug.
46 U.S.C. 2306(a)(4) ....................... Vessel Reporting Requirements: Owner, Charterer, Managing Oper- 8,000
ator, or Agent.
46 U.S.C. 2306(b)(2) ....................... Vessel Reporting Requirements: Master ................................................ 1,100
46 U.S.C. 3102(c)(1) ....................... Immersion Suits ....................................................................................... 8,000
46 U.S.C. 3302(i)(5) ........................ Inspection Permit ..................................................................................... 1,100
46 U.S.C. 3318(a) ........................... Vessel Inspection; General ..................................................................... 8,000
46 U.S.C. 3318(g) ........................... Vessel Inspection; Nautical School Vessel ............................................. 8,000
46 U.S.C. 3318(h) ........................... Vessel Inspection; Failure to Give Notice IAW 3304(b) ......................... 1,100
46 U.S.C. 3318(i) ............................ Vessel Inspection; Failure to Give Notice IAW 3309(c) ......................... 1,100
46 U.S.C. 3318(j)(1) ........................ Vessel Inspection; Vessel 1600 Gross Tons ........................................ 15,000
46 U.S.C. 3318(j)(1) ........................ Vessel Inspection; Vessel <1600 Gross Tons ........................................ 3,000
46 U.S.C. 3318(k) ........................... Vessel Inspection; Failure to Comply with 3311(b) ................................ 15,000
109

2012 Adjusted
maximum
($)
46 U.S.C. 3318(l) ............................ Vessel Inspection; Violation of 3318(b)3318(f) ..................................... 8,000

46 U.S.C. 3502(e) ........................... List/count of Passengers ......................................................................... 110
46 U.S.C. 3504(c) ........................... Notification to Passengers ...................................................................... 15,000
46 U.S.C. 3504(c) ........................... Notification to Passengers; Sale of Tickets ............................................ 800
46 U.S.C. 3506 ................................ Copies of Laws on Passenger Vessels; Master ..................................... 300
46 U.S.C. 3718(a)(1) ....................... Liquid Bulk/Dangerous Cargo ................................................................. 40,000
46 U.S.C. 4106 ................................ Uninspected Vessels ............................................................................... 8,000
46 U.S.C. 4311(b)(1) ....................... Recreational Vessels (maximum for related series of violations) ........... 300,000
46 U.S.C. 4311(b)(1) ....................... Recreational Vessels; Violation of 4307(a) ............................................. 6,000
46 U.S.C. 4311(c) ........................... Recreational vessels ............................................................................... 1,100
46 U.S.C. 4507 ................................ Uninspected Commercial Fishing Industry Vessels ................................ 8,000
46 U.S.C. 4703 ................................ Abandonment of Barges ......................................................................... 1,100
46 U.S.C. 5116(a) ........................... Load Lines ............................................................................................... 8,000
46 U.S.C. 5116(b) ........................... Load Lines; Violation of 5112(a) ............................................................. 15,000
46 U.S.C. 5116(c) ........................... Load Lines; Violation of 5112(b) ............................................................. 8,000
46 U.S.C. 6103(a) ........................... Reporting Marine Casualties ................................................................... 35,000
46 U.S.C. 6103(b) ........................... Reporting Marine Casualties; Violation of 6104 ..................................... 8,000
46 U.S.C. 8101(e) ........................... Manning of Inspected Vessels; Failure to Report Deficiency in Vessel 1,100
Complement.
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 15,000
Licensed by USCG.
46 U.S.C. 8101(h) ........................... Manning of Inspected Vessels; Freight Vessel <100 GT, Small Pas- 1,100
senger Vessel, or Sailing School Vessel.
46 U.S.C. 8102(a) ........................... Watchmen on Passenger Vessels .......................................................... 1,100
46 U.S.C. 8103(f) ............................ Citizenship Requirements ....................................................................... 800
46 U.S.C. 8104(i) ............................ Watches on Vessels; Violation of 8104(a) or (b) .................................... 15,000
46 U.S.C. 8104(j) ............................ Watches on Vessels; Violation of 8104(c), (d), (e), or (h) ...................... 15,000
46 U.S.C. 8302(e) ........................... Staff Department on Vessels .................................................................. 110
46 U.S.C. 8304(d) ........................... Officers Competency Certificates ........................................................... 110
46 U.S.C. 8502(e) ........................... Coastwise Pilotage; Owner, Charterer, Managing Operator, Agent, 15,000
Master or Individual in Charge.
46 U.S.C. 8502(f) ............................ Coastwise Pilotage; Individual ................................................................ 15,000
46 U.S.C. 8503 ................................ Federal Pilots .......................................................................................... 40,000
46 U.S.C. 8701(d) ........................... Merchant Mariners Documents ............................................................... 800
46 U.S.C. 8702(e) ........................... Crew Requirements ................................................................................. 15,000
46 U.S.C. 8906 ................................ Small Vessel Manning ............................................................................. 35,000
46 U.S.C. 9308(a) ........................... Pilotage: Great Lakes; Owner, Charterer, Managing Operator, Agent, 15,000
Master or Individual in Charge.
46 U.S.C. 9308(b) ........................... Pilotage: Great Lakes; Individual ............................................................ 15,000
46 U.S.C. 9308(c) ........................... Pilotage: Great Lakes; Violation of 9303 ................................................ 15,000
46 U.S.C. 10104(b) ......................... Failure to Report Sexual Offense ........................................................... 8,000
46 U.S.C. 10314(a)(2) ..................... Pay Advances to Seamen ....................................................................... 800
46 U.S.C. 10314(b) ......................... Pay Advances to Seamen; Remuneration for Employment ................... 800
46 U.S.C. 10315(c) ......................... Allotment to Seamen ............................................................................... 800
46 U.S.C. 10321 .............................. Seamen Protection; General ................................................................... 7,000
46 U.S.C. 10505(a)(2) ..................... Coastwise Voyages: Advances ............................................................... 7,000
46 U.S.C. 10505(b) ......................... Coastwise Voyages: Advances; Remuneration for Employment ........... 7,000
46 U.S.C. 10508(b) ......................... Coastwise Voyages: Seamen Protection; General ................................. 7,000
46 U.S.C. 10711 .............................. Effects of Deceased Seamen ................................................................. 300
46 U.S.C. 10902(a)(2) ..................... Complaints of Unfitness .......................................................................... 800
46 U.S.C. 10903(d) ......................... Proceedings on Examination of Vessel .................................................. 110
46 U.S.C. 10907(b) ......................... Permission to Make Complaint ............................................................... 800
46 U.S.C. 11101(f) .......................... Accommodations for Seamen ................................................................. 800
46 U.S.C. 11102(b) ......................... Medicine Chests on Vessels ................................................................... 800
46 U.S.C. 11104(b) ......................... Destitute Seamen .................................................................................... 110
46 U.S.C. 11105(c) ......................... Wages on Discharge ............................................................................... 800
46 U.S.C. 11303(a) ......................... Log Books; Master Failing to Maintain ................................................... 300
46 U.S.C. 11303(b) ......................... Log Books; Master Failing to Make Entry .............................................. 300
46 U.S.C. 11303(c) ......................... Log Books; Late Entry ............................................................................ 200
46 U.S.C. 11506 .............................. Carrying of Sheath Knives ...................................................................... 80
46 U.S.C. 12151(a) ......................... Documentation of Vessels (violation per day) ........................................ 15,000
46 U.S.C. 12151(c) ......................... Engaging in Fishing After Falsifying Eligibility (fine per day) ................. 130,000
46 U.S.C. 12309(a) ......................... Numbering of Undocumented VesselsWillfull violation ....................... 6,000
46 U.S.C. 12309(b) ......................... Numbering of Undocumented Vessels ................................................... 1,100
46 U.S.C. 12507(b) ......................... Vessel Identification System ................................................................... 15,000
46 U.S.C. 14701 .............................. Measurement of Vessels ........................................................................ 30,000
46 U.S.C. 14702 .............................. Measurement; False Statements ............................................................ 30,000
46 U.S.C. 31309 .............................. Commercial Instruments and Maritime Liens ......................................... 15,000
46 U.S.C. 31330(a)(2) ..................... Commercial Instruments and Maritime Liens; Mortgagor ....................... 15,000
110

2012 Adjusted
maximum
($)
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, Se- 110,000
rious Injuries/Illness or substantial Damage to Property.
Note: The changes in Civil Penalties for calendar year 2012, shown above, are based on the change in CPIU from June
2009 to June 2010. The recorded change in CPIU during that period was 1.05%. Because of the small change in CPIU 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.
[USCG20120306, 77 FR 37309, June 21, 2012]
111
SUBCHAPTER BPERSONNEL
PART 40CADETS OF THE COAST are subject to the Uniform Code of

GUARD Military Justice.
(b) Any person desiring to enlist in
the Coast Guard should apply at a
AUTHORITY: 14 U.S.C. 182 and 633. Coast Guard Recruiting Office, or di-
40.1 Program for appointing cadets. rect inquiries to, Coast Guard Recruit-
ing Center, 4200 Wilson Boulevard,
The Coast Guard conducts a program Suite 450, Arlington, VA 22203. Enlist-
for appointing qualified men and ments in the Coast Guard shall be for
women as cadets who are admitted to general service and enlisted persons
the Coast Guard Academy, New Lon- may be transferred as necessary from
don, Connecticut. The Superintendent one unit to another. Original enlist-
of the Coast Guard Academy tenders
ments will be made only at regular re-
appointments on the basis of previous
cruiting offices unless otherwise di-
academic performance, reported Col-
lege Entrance Examination Board or rected by the Commandant. An origi-
American College Testing scores, and nal enlistment is the enlistment of an
the findings of a Cadet Candidate Eval- individual who has not had previous
uation Board, consisting of Coast service in the Regular Coast Guard. In
Guard officers appointed by the Super- processing an application for enlist-
intendent of the Coast Guard Academy, ment, the Coast Guard will determine
which reviews each applicants per- the mental, moral and physical fitness
sonal qualifications. In addition, a of the applicant through reference to
Service Academy Medical Examination local police files, character references,
must be satisfactorily completed be- employers, school authorities and
fore appointment. Applications must physical and mental examinations.
be submitted online at http:// Concealment of any fact, circumstance
www.uscga.edu using Coast Guard or condition existing prior to enlist-
forms CGA14, CGA14A, CGA14B, ment which would render the applicant
CGA14C, and CGA14D. These forms, ineligible for enlistment may subject
along with additional information on the applicant to criminal penalties
the Cadet appointment program, may under the Uniform Code of Military
be obtained from the Director of Ad- Justice and/or administrative separa-
missions, U.S. Coast Guard Academy, tion from the Coast Guard.
New London, CT 06320.
[CGD 82087, 50 FR 13318, Apr. 4, 1985, as
[USCG20080179, 73 FR 35002, June 19, 2008] amended by CGD 96026, 61 FR 33663, June 28,
1996; USCG200314505, 68 FR 9535, Feb. 28,
PART 45ENLISTMENT OF 2003]
PERSONNEL
45.2 Records of enlistment of former
service members.
Sec.
45.1 Enlistment of personnel. Former members who have any ques-
45.2 Records of enlistment of former service tions about their service or who need
members. information regarding their service
AUTHORITY: 14 U.S.C. 351, 371; Pub. L. 107 should contact the nearest Coast Guard
296, 116 Stat. 2135. Recruiting Office or Coast Guard Re-
SOURCE: CGD 82087, 50 FR 13318, Apr. 4, cruiting Center, 4200 Wilson Boulevard,
1985, unless otherwise noted. Suite 450, Arlington, VA 20203.
[CGD 82087, 50 FR 13318, Apr. 4, 1985, as
45.1 Enlistment of personnel.
(a) The Coast Guard is a military 1996]
service which operates within the De-
partment of Homeland Security. All
personnel enlisted in the Coast Guard
112
PART 49PAYMENT OF AMOUNTS fairs shall be submitted to the Com-

DUE MENTALLY INCOMPETENT mandant of the Coast Guard:
(a) By any person or persons who be-
COAST GUARD PERSONNEL lieve, because of relationship, they
should be appointed to receive pay-
Subpart 49.01General Provisions
ments on behalf of the alleged incom-
Sec. petent;
49.011 Applicability. (b) By the Commanding Officer of the
49.015 Requests for appointment of trustee. alleged incompetent if the latter is on
49.0110 Determination of incompetency. active duty;
(c) By the Commanding Officer of
Subpart 49.05Trustee any Armed Forces hospital in which
49.051 Appointment of trustee. the mentally incompetent is under-
49.055 Bonding of trustee. going treatment;
49.0510 Affidavits required. (d) By the head of any veterans hos-
pital, or other public or private institu-
Subpart 49.10Reports and Moneys tion in which the alleged incompetent
49.101 Reports required.
is undergoing treatment;
49.105 Payment of moneys due. (e) By any other person or organiza-
49.1010 Cessation of payments. tion acting for and in the best interests
49.1015 Final accounting by trustee. of the alleged mentally incompetent.
Subpart 49.15Additional instructions 49.0110 Determination of incom-

petency.
49.151 Implementing instructions.
After examining the legitimacy, sub-
AUTHORITY: Secs. 1, 2, 3, 4, 64 Stat. 249, 250; stance, and sufficiency of the applica-
37 U.S.C. 351, 352, 353, 354. tion, the Commandant shall either (a)
SOURCE: CGFR 5148, 16 FR 10636, Oct. 18, direct the Commanding Officer of the
1951, unless otherwise noted. alleged mentally incompetent, (b) the
Commanding Officer of the Coast
Subpart 49.01General Provisions Guard unit to which such incompetent
may be conveniently referred, or (c) re-
49.011 Applicability. quest the Surgeon General of the Pub-
The Commandant of the Coast Guard lic Health Service to convene or ap-
is hereby designated and is authorized point, at the Public Health Hospital or
to appoint, in his discretion, the person facility, where the alleged incompetent
or persons who may receive active-duty is receiving treatment or to which his
pay and allowances, amounts due for case may be conveniently referred, a
accumulated or accrued leave, or any board of not less than three qualified
retired or retainer pay, otherwise pay- medical officers, one of whom shall be
able to personnel on the active or re- specially qualified in the treatment of
tired list of the Coast Guard and Coast mental disorders, to determine whether
Guard Reserve, entitled to Federal pay the alleged incompetent is capable of
either on the active or any retired list managing his own affairs. The record of
of said service, who, in the opinion of proceedings, and the findings of the
competent medical authority, have board shall, after action by the Con-
been determined to be mentally in- vening or Appointive Authority there-
capable of managing their own affairs, on, be forwarded to the Commandant.
and for whom no legal committee,
guardian, or other representative has Subpart 49.05Trustee
been appointed by a court of competent
jurisdiction. 49.051 Appointment of trustee.
Upon receipt of a finding by a board
49.015 Requests for appointment of convened or appointed in accordance
trustee. with 49.0110, that the alleged incom-
Requests for the appointment of a petent is mentally incapable of man-
person or persons to receive moneys aging his own affairs, the Commandant
due personnel believed to be mentally may appoint a suitable person or per-
incapable of managing their own af- sons, not under legal disability so to
113
49.055 33 CFR Ch. I (7112 Edition)
act, as trustee or trustees to receive in that the surety bond required by

behalf of the incompetent all amounts 49.055 has been renewed. When the
due the incompetent from such sources trustee is the spouse or adult depend-
set forth in 49.011, and to use said ent of the incompetent, receipts or
funds in the best interests of the in- vouchers need not be filed for expendi-
competent. tures made for living expenses. If the
trustee or trustees fail to report
49.055 Bonding of trustee. promptly and properly at the end of
The trustee or trustees appointed to any annual period or at such other
receive moneys in behalf of incom- times as the Commandant desires, the
petent personnel shall furnish a bond Commandant may, in his discretion,
in all cases when the amounts to be re- cause payment to such trustee or
ceived may be expected to exceed trustees to cease, and may, if deemed
$1,000, and in such other cases when advisable, appoint another person or
deemed appropriate by the Com- persons not under legal disability so to
mandant. The bond so required and fur- act, to receive future payments of mon-
nished shall have as surety a company eys due the incompetent for the use
approved by the Federal Government, and benefit of the incompetent.
and shall be in such amount as is re-
quired by the Commandant. Such 49.105 Payment of moneys due.
bonds shall be continued in effect for Upon the appointment of a trustee or
the life of trusteeship and expenses in trustees to receive moneys due an in-
connection with the furnishing and re- competent, the authorized certifying
newal of such bonds may be paid out of officer having custody of that persons
sums due the incompetent. pay record shall be advised. After such
notification, payments of moneys due
49.0510 Affidavits required.
the incompetent may be made by the
The trustee or trustees appointed to appropriate officer in accordance with
receive moneys due incompetent per- procedure prescribed by the Com-
sonnel shall, prior to the payment of mandant. All such payments so made,
any such moneys, execute and file with however, shall be made to the des-
the Commandant an affidavit or affida- ignated trustee or trustees.
vits saying and deposing that any mon-
eys henceforth received by virtue of 49.1010 Cessation of payments.
such appointment shall be applied sole- (a) Payments of amounts due incom-
ly to the use and benefit of the incompetent personnel shall cease to be paid
petent and that no fee, commission, or to the trustee or trustees upon receipt
charge shall be demanded, or in any of notification by the authorized certi-
manner accepted, for any service or fying officer of the occurrence of any of
services rendered in connection with the following:
such appointment as trustee or trust- (1) Death of the incompetent;
ees. (2) Death or disability of the trustee
or trustees appointed;
Subpart 49.10Reports and (3) Receipt of notice that a com-
Moneys mittee, guardian, or other legal rep-
resentative has been appointed for the
49.101 Reports required. incompetent by a court of competent
The trustee or trustees so appointed jurisdiction;
shall submit reports annually, or at (4) Failure of the trustee or trustees
such other times as the Commandant to render the reports required by
may designate. The report shall show a 49.101;
statement of the conditions of the (5) That there is probable cause to be-
trust account at the time of the sub- lieve that moneys received on behalf of
mission of the report, including all the incompetent have been, or are
funds received on behalf of the incom- being, improperly used;
petent; all expenditures made in behalf (6) A finding by a board of medical of-
of the incompetent, accompanied by re- ficers that the heretofore incompetent
ceipts or vouchers covering such ex- is mentally capable of managing his
penditures; and a receipt indicating own affairs;
114
(7) That the Commandant deems it to (b) It will be the duty of the Board to
be in the best interest of the incom- review, at the request of any Coast
petent. Guard officer retired or released to in-
(b) In the event of termination of active service, without pay, for phys-
payments under paragraphs (a)(2), (4), ical disability, pursuant to the decision
(5), or (7) of this section, the Com- of a retiring board, the findings and de-
mandant may, if deemed appropriate, cision of the retiring board. The term
appoint a successor trustee or trustees. retired or released to inactive serv-
The successor trustee or trustees, so ice includes every kind of separation
appointed, shall comply with the provi- from the service.
sions of the regulations and instruc- (c) After reviewing the findings and
tions in this part issued thereunder, decision of a retiring board the Board
and do all acts in the manner required will affirm or reverse, in whole or in
of the original trustee or trustees. part, the findings and decision of the
retiring board.
49.1015 Final accounting by trustee.
(d) In carrying out its duties the
The trustee or trustees, when pay- Board shall have the same powers as
ments, hereunder are terminated, shall exercised by, or vested in, the retiring
file a final account with the said Com- board whose findings and decision are
mandant. Thereupon, the trustee or being reviewed.
trustees will be discharged and the sur-
ety released. In event of death or dis- [10 FR 5650, May 17, 1945]
ability of the trustee, the final ac-
counting will be filed by his legal rep- 50.2 Composition of Board.
resentative. (a) The Board will be composed of
five commissioned officers designated
Subpart 49.15Additional for each case from a panel appointed by
Instructions the Commandant. The senior Coast
Guard members of the panel will des-
49.151 Implementing instructions. ignate the members of the Board for
The Commandant is hereby author- each case, three of whom shall be offi-
ized to issue such instructions not in cers of the Coast Guard and two of
conflict with the regulations in this whom shall be officers of the Public
part as may be necessary from time to Health Service.
time to give full force and effect there- (b) The senior Coast Guard member
to. of the Board will be President and the
junior Coast Guard member will be Re-
corder.
PART 50COAST GUARD RETIRING (c) The Board will convene at the
REVIEW BOARD time and place designated by the Presi-
dent for each case, and will recess and
Sec.
adjourn at his order.
50.1 Establishment and duties of Board.
50.2 Composition of Board. [10 FR 5650, May 17, 1945. Redesignated at 13
50.3 Request for review. FR 7303, Nov. 30, 1948, as amended by CGFR
50.4 Presentation of case. 5312, 18 FR 2953, May 22, 1953]
50.5 Action by the Board.
50.6 Notification of final action. 50.3 Request for review.
AUTHORITY: Sec. 8, 18 Stat. 127, as amended, (a) Any officer of the Coast Guard
sec. 302, 58 Stat. 287, as amended; 14 U.S.C. 92,
38 U.S.C. 693i.
who is retired or released to inactive
NOTE: For the text of waivers of navigation service, without pay, for a physical dis-
and vessel inspection laws and regulations, ability, pursuant to the decision of a
see Part 19 of this chapter. Coast Guard retiring board, may re-
quest a review of the findings and deci-
50.1 Establishment and duties of sion of the retiring board.
Board. (b) An application requesting a re-
(a) A Retiring Review Board, referred view must be in writing and shall be
to in this part as the Board, is hereby addressed to the Retiring Review
established in the Coast Guard. Board, Coast Guard Headquarters,
115
Washington D.C. 20226. Forms for appli- judgment of the Board, in order to in-
cation for review will be provided upon sure a thorough, complete and equi-
request. table hearing.
(c) An application requesting a re- (e) The case of any applicant who
view shall contain: fails to appear, either in person or by
(1) The full name of the applicant; counsel, after being duly notified of the
(2) The mailing address of the appli- time and place of the hearing will be
cant; decided upon the written application
(3) A brief statement setting out the and such other evidence as is available
basis of the request for review, showing to the Board.
in general the nature of error or in- (f) As far as practicable the hearings
equity believed to have occurred in the of the Board will be conducted in ac-
findings and decision of the retiring cordance with the pertinent instruc-
board; tions contained in Coast Guard Boards,
(4) The corrective action requested; 1935, as amended, except that:
(5) Whether the applicant desires to (1) Physical examination of the appli-
appear before the Board in person; cant is not mandatory, but the Board
(6) Whether the applicant will be rep- may request that he submit to physical
resented by counsel, and if so, the examination by physicians of the
name and address of counsel. Boards choice in any case in which it
(d) No request for review shall be appears to the satisfaction of the Board
valid, and the Board will not consider to be essential;
an application, unless filed within fif-
(2) The medical members of the
teen years after the date of retirement
Board will not submit a report and will
for disability, or after the effective
not be subject to examination.
date of the act of June 22, 1944, which-
(g) Evidence may be submitted to the
ever is the later.
Board by oral testimony under oath, or
[10 FR 5650, May 17, 1945. Redesignated at 13 in the form of depositions or affidavits.
FR 7303, Nov. 30, 1948] Witnesses appearing before the Board
will be subject to examination or cross-
50.4 Presentation of case.
examination, as the case may be, by
(a) The applicant may present his members of the Board and the appli-
case: cant or his counsel.
(1) Solely by written application, or (h) The Board will consider all avail-
by written application together with able service records and all matter ad-
any additional written evidence or ar- duced by the applicant that bears upon
gument that he may desire to submit; the merits of the case. It will not be re-
(2) At a hearing before the Board. stricted by the rules of evidence.
(b) The case of an applicant may be (i) Classified matter of the Coast
presented by his counsel. The term Guard will not be made available to an
counsel includes members of the bar applicant or his counsel. The Board
in good standing, accredited represent- will, when it deems it necessary in the
atives of veterans organizations recog- interest of justice and compatible with
nized by the Veterans Administration the public interest, make available a
under section 200 of the act of June 29, summary of relevant classified matter.
1936 (49 Stat. 2031, 38 U. S. C. 101), and (j) The Government will not assume
any other person approved by the or pay any expenses incurred by an ap-
Board. plicant, or by his witnesses or counsel.
(c) If an applicant signifies a desire
to present his case at a hearing, the [10 FR 5650, May 17, 1945. Redesignated at 13
Board will give him written notice of FR 7303, Nov. 30, 1948]
the place of his hearing, and of the
time, which shall be at least thirty 50.5 Action by the Board.
days after the time of mailing the no- (a) After a complete and thorough re-
tice. view of the evidence before it the Board
(d) The Board may, upon its own mo- will, in closed session, deliberate and
tion or at the request of the applicant make its decision affirming or revers-
or his counsel, grant a continuance ing the findings and decision of the re-
whenever it appears necessary, in the tiring board being reviewed.
116
(b) If the Board reverses the findings 51.9 Discharge review procedures.
of the retiring board being reviewed, it 51.10 Decisions.
will make complete findings, including: 51.11 Records.
(1) Whether the applicant was inca- AUTHORITY: 10 U.S.C. 1553; Pub. L. 107296,
pacitated for active service; 116 Stat. 2135.
(2) If so, the disability causing the in-
capacity; SOURCE: CGD 81104, 50 FR 41495, Oct. 11,
(3) Whether the incapacity is perma-
nent; 51.1 Basis and purpose.
(4) Whether the incapacity was the
result of an incident of service or in- This part establishes the procedures
curred in the line of duty; for review of administrative discharges
(5) Whether the incapacity was the from the Coast Guard by a Discharge
result of the applicants own vicious Review Board (DRB) or by the Sec-
habits; retary of the Department, and for the
(6) In the case of Reserve officers and compilation of the record of the DRB
officers who have served under tem- determination, made available for pub-
porary appointments, when the phys- lic inspection, copying and distribution
ical disability was incurred. through the Armed Forces Discharge
(c) The findings and decision of a ma- Review/Correction Board Reading
jority of the Board will constitute the Room.
findings and decision of the Board
Members who do not concur with the 51.2 Authority.
majority may file a minority report.
(a) The Secretary of Homeland Secu-
(d) When the Board has concluded its
proceedings in any case the Recorder rity has the authority to establish a
will prepare a complete record thereof Discharge Review Board (DRB) to re-
including (1) the application for review view the discharge of a former member
(2) a transcript of the hearing, if any of the United States Coast Guard under
(3) affidavits, briefs, and written agree- the provisions of 10 U.S.C. 1553. This
ments filed in the case, (4) the findings part prescribes the establishment and
and decision of the Board, and (5) all outlines the procedures of the Coast
other papers and documents necessary Guard Discharge Review Board. The
to reflect a true and complete record of Secretary retains the authority to re-
the proceedings. This complete record view and take final action on the
will be transmitted to the Com- DRBs findings in the following cases:
mandant for appropriate action. (1) Those cases in which a minority
[10 FR 5650, May 17, 1945. Redesignated at 13
of the board requests that their written
FR 7303, Nov. 30, 1948, and amended at CGFR opinion be forwarded to the Secretary
5312, 18 FR 2953, May 22, 1953] for consideration;
(2) Those cases selected by the Com-
50.6 Notification of final action. mandant to inform the Secretary of as-
The officer requesting the interview pects of the boards functions which
will be notified by letter of the final may be of interest to the Secretary;
action taken in the case. (3) Any case in which the Secretary
[CGFR 4873, 13 FR 9333, Dec. 31, 1948] demonstrates an interest;
(4) Any case which the President of
PART 51COAST GUARD the board believes is of significant in-
terest to the Secretary.
DISCHARGE REVIEW BOARD
(b) The Commandant of the Coast
Sec. Guard is delegated the authority to:
51.1 Basis and purpose. (1) Appoint members to serve on the
51.2 Authority. Discharge Review Board;
51.3 Applicability and scope. (2) Appoint alternates to serve on the
51.4 Definitions. DRB in the event that a regularly ap-
51.5 Objective of review.
51.6 Propriety standard of review. pointed member is unavailable;
51.7 Equity standard of review. (3) Designate a member as the Presi-
51.8 Relevant considerations. dent of the DRB; and
117
(4) Review and take final action on missals and dropping from the rolls.
all DRB decisions which are not re- This term also includes the assignment
viewed by the Secretary. of a separation program designator,
[CGD 81104, 50 FR 41495, Oct. 11, 1985, as separation authority, the stated reason
amended by CGD 97023, 62 FR 33362, June 19, for the discharge, and the characteriza-
1997; USCG200314505, 68 FR 9535, Feb. 28, tion of service.
2003] Discharge Review. The process by
which the reason for separation, the
51.3 Applicability and scope. procedures followed in accomplishing
The provisions of this part apply to separation, and the characterization of
the United States Coast Guard includ- service are evaluated. This includes de-
ing reserve-components and all former terminations made under the provi-
members who have been discharged sions of 38 U.S.C. 3103(e)(2).
within 15 years of the date upon which Discharge Review Board. A board con-
application for review is received by sisting of five members of the U.S.
the DRB. A former member may apply Coast Guard, appointed by the Com-
to the DRB for a change in the char- mandant of the Coast Guard and vested
acter of, and/or the reason for, the dis- with the authority to review the dis-
charge. The Coast Guard DRB review is charge of a former member. The board
generally applicable only to adminis- is empowered to change a discharge or
trative discharges, however, the DRB issue a new discharge to reflect its
may review the discharge of a former findings, subject to review by the Com-
member by sentence of a court-martial mandant or the Secretary.
for the purpose of clemency. A petition Hearing. A proceeding which, upon re-
for clemency will not be considered by quest of the applicant, is utilized in the
the DRB unless the applicant has ex- discharge review process enabling the
hausted all appellate remedies. Upon a applicant and/or the applicants rep-
petition for clemency, the DRB shall resentative to appear before the DRB
consider only the equity of the dis- and present evidence.
charge awarded. President. An officer of the United
51.4 Definitions. States Coast Guard appointed by the
Commandant as President to preside
Applicant. A former member of the over the DRB. The President will con-
Coast Guard who has been discharged vene the board and may also serve as a
from the service but excluding those member. If the President does not
discharged by sentence of a court-mar- serve as a member of the DRB, the
tial, except as provided in 51.3. If the President shall designate a presiding
former member is deceased or incom- officer for the board to serve as Presi-
petent, the term applicant includes dent.
the surviving spouse, next-of-kin, or
legal representative who is acting on [CGD 81104, 50 FR 41495, Oct. 11, 1985, as
behalf of the former member. amended by CGD 96026, 61 FR 33663, June 28,
Counsel. An individual or agency des- 1996]
ignated by the applicant who agrees to
51.5 Objective of review.
represent the applicant in a case before
the DRB. It includes, but is not limited The objective of the discharge review
to: A lawyer who is a member of the is to examine the propriety and equity
bar of a federal court or of the highest of the applicants discharge and to ef-
court of a state; an accredited rep- fect changes if necessary. The DRB will
resentative designated by an organiza- utilize its discretion to reach a fair and
tion recognized by the Administrator just resolution of the applicants claim.
of Veterans Affairs; a representative The standards of review and the under-
from a state agency concerned with lying factors which aid in determining
veterans affairs; or a representative whether the standards are met shall be
from private organizations or local historically consistent with criteria for
government agencies. determining honorable service. No fac-
Discharge. Any formal separation of a tors shall be established which require
member from the Coast Guard which is automatic change, or denial of change,
not termed honorable, including dis- in a discharge.
118
51.6 Propriety standard of review. tled at the time the original discharge
was issued.
A discharge is deemed to be proper
except that: 51.8 Relevant considerations.
(a) A discharge may be improper if an
In determining the equity and pro-
error of fact, law, procedure, or discre-
priety of a former members discharge,
tion was associated with the discharge
the DRB shall consider all relevant evi-
at the time of issuance which preju-
dence presented by the applicant. The
diced the rights of the applicant.
DRB review will include, but is not
(b) A discharge may be improper if limited to, consideration of the fol-
there has been a change in policy by lowing factors:
the Coast Guard made expressly retro- (a) The quality of the applicants
active to the type of discharge under service. In determining the quality of
consideration. the applicants service, the DRB may
consider the applicants dates and peri-
51.7 Equity standard of review.
ods of service; rate or rank achieved;
(a) A discharge is presumed to be eq- marks and evaluations received;
uitable and will not be changed under awards, decorations and letters of com-
this section unless the applicant sub- mendation; acts of merit; combat serv-
mits evidence sufficient to establish, to ice and wounds received; promotions
the satisfaction of the DRB that: and demotions; prior military service
(1) The policies and procedures under and type of discharge; records of unau-
which the applicant was discharged dif- thorized absence; records of non-judi-
fer in material respects from policies cial punishment; convictions by court-
and procedures currently applicable on martial; records of conviction by civil
a service-wide basis to discharges of authorities while a member of the
that type, provided that current poli- Coast Guard; and any other relevant
cies or procedures represent a substan- information respecting the applicant
tial enhancement of the rights afforded which is brought to the boards atten-
a party in such proceedings, and there tion.
is substantial doubt that the applicant (b) The applicants capability to
would have received the same dis- serve. In determining the applicants
charge if relevant current policies and capability to serve, the DRB considers
procedures had been available to the such factors as the applicants age and
applicant at the time of the discharge education; qualification for reenlist-
proceedings under consideration; or ment; capability to adjust to military
(2) At the time of issuance, the dis- service; and family or personal prob-
charge was inconsistent with standards lems.
of discipline in the Coast Guard; or (c) Any evidence of arbitrary, capri-
(3) The applicants military record cious or discriminatory actions by in-
and other evidence presented to the dividuals in authority over the appli-
DRB, viewed in conjunction with the cant.
factors listed in 51.8 and the regula- (d) Any other information respecting
tions under which the applicant was the applicant considered by the DRB to
discharged, do not fairly justify the be relevant and material to the review
type of discharge received. of the applicants discharge.
(b) If the applicant was discharged
with a characterized discharge before 51.9 Discharge review procedures.
June 15, 1983, a change from the char- (a) Preliminary. Prior to a review, ap-
acterized discharge to an plicants or their representatives may
uncharacterized discharge will not be obtain copies of military records by
considered under the provisions of submitting a Standard Form 180, Re-
(a)(1) of this section unless specifically quest Pertaining to Military Records,
requested by the applicant. A deter- to the National Personnel Records Cen-
mination that a discharge is inequi- ter (NPRC), 9799 Page Boulevard, St.
table according to the provisions of Louis, MO. 72132. The request to the
(a)(2) or (a)(3) of this section shall enti- NPRC should be submitted prior to
tle the applicant to a discharge of a submitting the application for review,
type to which the applicant was enti- so that relevant information from the
119
record can be included with the appli- (d) Withdrawal of application. An ap-
cation. plicant may withdraw an application
(b) Initiation of review. Review may be without prejudice at any time before
initiated by an applicant or by the the scheduled review. An application
DRB. The applicant may apply for DRB which is withdrawn will not stay the
review of discharge by submitting DD running of the 15 year statutory limi-
Form 293, Application for Review of tation imposed on the authority of the
Discharge or Separation from the DRB to review the discharge.
Armed Forces of the United States, (e) The DRB will consider the records
along with any other statements, affi- and other data submitted by the appli-
davits or documentation desired by the cant. The DRB may consider other pro-
applicant. The application must be re- bative evidence provided that all mate-
ceived by the DRB within fifteen (15) rials relied on by the DRB, except clas-
years of the date of the discharge. The sified documents, are made available to
application form can be obtained, the applicant and applicants rep-
along with explanatory matter, from resentative prior to the hearing date
Commandant, (CG12), 2100 2nd St., (or review date if no hearing is re-
quested). The DRB shall not consider a
7801, any regional VA office, or by writ-
classified document in the review of a
ing to the Armed Forces Review/Cor-
discharge unless a summary of, or ex-
rection Board Reading Room, Pentagon
Concourse, Washington, DC 20310. tract from, the document (deleting all
reference to sources of information and
(c) Notice. (1) The DRB will provide
other matters, the disclosure of which
notification advising the former mem-
ber of would, in the opinion of the classifying
authority, be detrimental to the secu-
(i) Receipt of the applicants request;
rity interests of the United States) is
(ii) The right to appear before the
made available to the applicant.
board in person or by counsel; and
(f) Postponement of review or hearing.
(iii) The date of review.
At any time before the date of sched-
If the former member is deceased, writ- uled review or hearing, an applicant
ten notice of DRB review will be sent may be granted a continuance, pro-
to the surviving spouse, next of kin or vided the applicant or the applicants
legal representative of the former counsel makes a written request for ad-
member. If the review is initiated by ditional time to the DRB which shows
the DRB, notification will be sent to good cause to justify the postpone-
the last known address of the former
ment.
member.
(g) Hearing procedures. The following
(2) Prior to the initiation of the deci-
procedures apply to DRB hearings:
sion process, the DRB will notify the
former member of the date by which (1) DRB hearings are not public.
requests to examine the documents to Presence at hearings is limited to per-
be considered by the board must be re- sons authorized by the Commandant or
ceived. This notice will also state the expressly requested by the applicant,
date by which a request for a hearing subject to reasonable limitations based
must be made and the deadline for fil- upon available space.
ing responses to the board. (2) The Federal Rules of Evidence are
(3) An applicant who requests a hear- not applicable to DRB proceedings. The
ing will be notified of the time and presiding officer rules on matters of
place of the hearing. All expenses in- procedure and ensures that reasonable
curred by the applicant in DRB pro- bounds of relevancy and materiality
ceedings and hearings are the sole re- are adhered to in the taking of evi-
sponsibility of the applicant and are dence.
not obligations of the U.S. Coast Guard (3) An applicant is permitted to make
or the Department of Transportation. a sworn or unsworn statement. Witness
If the applicant fails to appear, except testimony will only be taken under
as provided in 51.9(f), the DRB will re- oath or affirmation. An applicant or
view the discharge and reach a decision witness who makes a statement may be
based upon the evidence of record. questioned by the DRB.
120
(4) An applicant may make oral or 51.11 Records.

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

TION OF MILITARY RECORDS OF Implementation of Orders
THE COAST GUARD 52.71 Authority to pay.
52.72 Implementation of orders.
Subpart APurpose and Authority 52.73 Interpretation.
52.74 Report of settlement.
Sec.
52.1 Purpose.
52.2 Authority. Subpart IPublic Access to Decisions
52.81 Reading room and index.
Subpart BEstablishment, Function, and
Jurisdiction of Board AUTHORITY: 10 U.S.C. 1552; 14 U.S.C. 425.
52.11 Establishment and composition. SOURCE: OST Doc. No. 200213439, 68 FR

52.12 Function. 9886, Mar. 3, 2003, unless otherwise noted.
52.13 Jurisdiction.
Subpart APurpose and Authority
Subpart CGeneral Provisions Regarding
Applications 52.1 Purpose.
52.21 General requirements. This part establishes the procedure
52.22 Time limit for filing application. for application for correction of mili-
52.23 Counsel.
tary records of the Coast Guard, for
52.24 Evidence and burden of proof.
52.25 Access to official records. consideration of applications by the
52.26 Right to timely decision; effect of re- Department of Homeland Security
quests for extensions, changes in re- Board for Correction of Military
quests for relief, and late submissions of Records of the Coast Guard (herein-
evidence. after the Board), and for settling
52.27 Withdrawal of application.
claims or determining monetary bene-
52.28 Stay of proceedings.
fits.
Subpart DConsideration of Application [OST Doc. No. 200213439, 68 FR 9886, Mar. 3,
and Administrative Closure 2003, as amended by USCG200315404, 68 FR
52.31 Consideration of application. 37740, June 25, 2003]
52.32 Administrative closure.
52.2 Authority.
Subpart ESubmissions by the Coast (a) The Secretary of Homeland Secu-
Guard and Other Offices rity, acting through boards of civilians,
52.41 Assistance. is authorized to correct any military
52.42 Views of the Coast Guard. record of the Coast Guard when the
52.43 Requests for further information; sub- Secretary considers it necessary to cor-
missions of classified, privileged, and rect an error or remove an injustice. 10
sensitive information. U.S.C. 1552. The Secretary shall ensure
Subpart FHearings that final action on a complete appli-
cation for correction is taken within 10
52.51 General provision. months of its receipt.
52.52 Notice of hearing.
52.53 Witnesses. (14 U.S.C. 425)
52.54 Expenses. (b) Corrections made under this au-
52.55 Nonappearance. thority are final and conclusive on all
52.56 Conduct of hearing. officers of the Government except when
52.57 Record of hearing.
procured by fraud. 10 U.S.C. 1552(a)(4).
Subpart GJudgment and Disposition [OST Doc. No. 200213439, 68 FR 9886, Mar. 3,
2003, as amended by USCG200315404, 68 FR
52.61 Deliberations and decision.
52.62 Minority report. 37740, June 25, 2003]
52.63 Record of proceedings.
52.64 Final action.
52.65 Orders.
52.66 Notification.
52.67 Reconsideration.
122
Subpart BEstablishment, exhausted all effective administrative

Function, and Jurisdiction of Board remedies afforded under existing law or
regulations, and such legal remedies as
52.11 Establishment and composi- the Board may determine are practical,
tion. appropriate, and available to the appli-
(a) Pursuant to 10 U.S.C. 1552, the cant.
Board for Correction of Military
Records of the Coast Guard is estab- Subpart CGeneral Provisions
lished in the Office of the Secretary of Regarding Applications
Homeland Security.
(b) The Secretary appoints a panel of 52.21 General requirements.
civilian officers or employees of the (a) An application for correction of a
Department of Homeland Security to Coast Guard record shall be submitted
serve as members of the Board, and on DD Form 149 (Application for Cor-
designates one such member to serve as rection of Military or Naval Record) or
Chair of the Board. The Chair des- an exact copy thereof, and shall be ad-
ignates members from this panel to dressed to: Chair, Board for Correction
serve as the Board for each case requir- of Military Records of the Coast Guard
ing consideration by a Board. The (C60), United States Department of
Board consists of three members, and Transportation, Washington, DC 20590.
two members present constitute a Forms and explanatory material may
quorum of the Board. be obtained from the Chair of the
(c) The Deputy Chair of the Board ex- Board.
ercises the functions prescribed by (b) The application shall be signed by
these regulations and such other duties the person alleging error or injustice in
as may be assigned by the Chair. his or her military record, except that
an application may be signed by a fam-
[OST Doc. No. 200213439, 68 FR 9886, Mar. 3, ily member or legal representative
2003, as amended by USCG200315404, 68 FR with respect to the record of a de-
37740, June 25, 2003]
ceased, incapacitated, or missing per-
52.12 Function. son. The family member or legal rep-
resentative must submit proof of his or
The function of the Board is to con- her proper interest with the applica-
sider all applications properly before tion.
it, together with all pertinent military (c) No application shall be docketed
records and any submission received or processed until it is complete. An
from the Coast Guard or other Govern- application for relief is complete when
ment office under subpart E, to deter- all of the following have been received
mine: by the Board:
(a) Whether an error has been made (1) A signed DD Form 149, providing
in the applicants Coast Guard military all necessary responses, including a
record, whether the applicant has suf- specific allegation of error or injustice,
fered an error or injustice as the result accompanied by substantial evidence
of an omission or commission in his or or information in support of such alle-
her record, or whether the applicant gation;
has suffered some manifest injustice in (2) The military records of the appli-
the treatment accorded him or her; and cant; and
(b) Whether the Board finds it nec- (3) Any applicable military and De-
essary to change a military record to partment of Veterans Affairs medical
correct an error or remove an injustice. records.
(d) It is the applicants responsibility
52.13 Jurisdiction. to include his or her correct mailing
(a) The Board has jurisdiction to re- address on the DD Form 149 and to in-
view and determine all matters prop- form the Chair in writing of any subse-
erly brought before it, consistent with quent change of address until the
existing law and such directives as may Board or the Secretary takes final ac-
be issued by the Secretary. tion on the application.
(b) No application shall be considered (e) Briefs in support of applications
by the Board until the applicant has must be assembled in a manner that
123
52.22 33 CFR Ch. I (7112 Edition)
permits easy reproduction and may not 52.21(c)(1). Evidence submitted by an

exceed twenty-five double-spaced type- applicant after an application has been
written pages in a type size with no filed and docketed shall be considered
more than twelve characters per inch. late and its acceptance is subject to
This limitation does not apply to sup- the provisions in 52.26(a)(4) and (c).
porting documentary evidence. In com- (b) The Board begins its consider-
plex cases, the Chair may waive this ation of each case presuming adminis-
limitation. trative regularity on the part of Coast
Guard and other Government officials.
52.22 Time limit for filing applica- The applicant has the burden of prov-
tion. ing the existence of an error or injus-
An application for correction of a tice by the preponderance of the evi-
record must be filed within three years dence.
after the applicant discovered or rea-
sonably should have discovered the al- 52.25 Access to official records.
leged error or injustice. If an applica- The applicant shall have such access
tion is untimely, the applicant shall to official records or to any informa-
set forth reasons in the application tion pertaining to the applicant which
why it is in the interest of justice for is in the custody of the Coast Guard as
the Board to consider the application. is provided in 49 CFR parts 7 and 10.
An untimely application shall be de-
nied unless the Board finds that suffi- 52.26 Right to timely decision; effect
cient evidence has been presented to of requests for extensions, changes
warrant a finding that it would be in in requests for relief, and late sub-
the interest of justice to excuse the missions of evidence.
failure to file timely. (a) Each applicant has a right to have
final action taken on his or her appli-
52.23 Counsel. cation within 10 months after all the
(a) Applicants may be represented by elements of a complete application, as
counsel at their own expense. Appli- defined in 52.21(c), have been received
cants whose cases are processed under by the Board, unless the applicant:
the Whistleblower Protection Act and (1) Submits a written request, which
who are granted a hearing by the Board is granted by the Chair, for an exten-
may be entitled to representation by a sion of a specific duration to seek
Coast Guard law specialist. 10 U.S.C. counsel or additional evidence;
1034(f)(3)(A). (2) Submits a written request, which
(b) As used in this part, the term is granted by the Chair, for an exten-
counsel includes attorneys who are sion of the time provided for respond-
members in good standing of any bar; ing to the views of the Coast Guard in
accredited representatives of veterans accordance with 52.42(d);
organizations recognized by the Sec- (3) Submits a signed statement that
retary of Veterans Affairs pursuant to is determined by the Chair to signifi-
38 U.S.C. 5902; and other persons who, cantly amend the applicants request
in the opinion of the Chair, are com- for relief after the application has been
petent to represent the applicant for docketed;
correction. Whenever the term appli- (4) Submits significant new evidence,
cant is used in these rules, except in as determined by the Chair, after the
52.21(c), the term shall mean an appli- application has been docketed; or
cant or his or her counsel. (5) Is found by the Chair to have un-
reasonably delayed responding to a re-
52.24 Evidence and burden of proof. quest for further information or evi-
(a) It is the responsibility of the ap- dence.
plicant to procure and submit with his (b) If the applicant requests an exten-
or her application such evidence, in- sion in accordance with paragraphs
cluding official records, as the appli- (a)(1) or (a)(2) of this section or unrea-
cant desires to present in support of his sonably delays responding to a request
or her case. All such evidence should be for further information or evidence in
submitted with the applicants DD accordance with paragraph (a)(5) of
Form 149 in accordance with this section, he or she shall have a
124
right to have final action taken on the (1) The application was erroneously
application for correction within 10 docketed because the application did
months of the applications completion not meet the criteria under 52.21;
plus all periods of extension granted to (2) Effective relief cannot be granted
the applicant by the Chair and all peri- by the Board;
ods of unreasonable delay. (3) The Board does not have jurisdic-
(c) If the applicant significantly tion to determine the issues presented
amends his or her request for relief or or the applicant has not exhausted an
submits significant new evidence after available administrative remedy, as re-
the application has been docketed, in quired under 52.13(b); or
accordance with paragraphs (a)(3) or (4) The Coast Guard has granted ef-
(a)(4) of this section, the application fective relief satisfactory to the appli-
shall be considered newly complete as cant.
of the date the amended request for re- (b) Administrative closure does not
lief or new evidence is received, in constitute a denial of relief. Applicants
which case the applicant shall have a who believe their cases should not have
right to have final action taken on the been administratively closed by the
application within 10 months of the Chair may resubmit their applications
date the Board receives the amended with a request for further consider-
request for relief or significant new ation and a statement explaining why
evidence. the applicant believes his or her case
should be docketed and considered by
52.27 Withdrawal of application. the Board. A request for further consid-
eration shall be regarded as a new ap-
The Chair may, at his or her discre-
plication for the purposes of 52.21 and
tion, permit the applicant to withdraw
52.26.
his or her application at any time be-
(c) If the Chair administratively
fore final action is taken under 52.64.
closes a case, the applicant shall be ad-
Any further consideration by the Board
vised of the reason and of the right to
of the issues raised in the withdrawn
resubmit his or her application.
application shall occur only upon the
filing of a new application.
Subpart ESubmissions by the
52.28 Stay of proceedings. Coast Guard and Other Offices
An application to the Board for cor- 52.41 Assistance.
rection of a military record does not
operate as a stay of any proceeding or The Board may request such advice,
administrative action taken with re- opinion, assistance, or use of the facili-
spect to or affecting the applicant. ties of any other bureau, board, or of-
fice of the Department of Transpor-
tation as the Board deems necessary.
Subpart DConsideration of Ap-
plication and Administrative 52.42 Views of the Coast Guard.
Closure (a) The Board shall transmit to the
Commandant of the Coast Guard or his
52.31 Consideration of application.
or her delegate a copy of each applica-
Each application shall be reviewed by tion for relief submitted and docketed
the Chair to determine whether it under subpart C of this part, together
meets the requirements of 52.21 before with any briefs, memoranda, and docu-
it is docketed. The Chair shall decide mentary evidence submitted or ob-
in appropriate cases whether to grant a tained in the case.
hearing or to recommend disposition (b) The Commandant of the Coast
on the merits without a hearing. Guard or his or her delegate may for-
ward to the Board a written advisory
52.32 Administrative closure. opinion presenting the views of the
(a) The Chair may administratively Coast Guard on any case before the
close a case after it has been docketed Board.
and at any time prior to its consider- (c) An advisory opinion furnished by
ation by the Board if the Chair deter- the Coast Guard under this section
mines that: shall not be binding upon the Board,
125
52.43 33 CFR Ch. I (7112 Edition)
but shall be considered by the Board, by the Coast Guard or other Govern-
along with all other information and ment office if he or she requested it
material submitted in the particular under 49 CFR parts 7 and 10. The Board
case, if it is received by the Board shall forward only this redacted copy
within 135 days of the date the applica- to the applicant.
tion is complete. The Chair may, in his
or her discretion, grant the Coast Subpart FHearings
Guard an extension of the time pro-
vided for submitting the advisory opin- 52.51 General provision.
ion.
(d) The Board shall promptly send a In each case in which the Chair de-
copy of each submission made by the termines that a hearing is warranted,
Coast Guard under this section to the the applicant will be entitled to be
applicant involved, subject to the limi- heard orally in person, by counsel, or
tations in 52.42(c) and 52.43(c). Each in person with counsel.
applicant has 30 days, from the date
52.52 Notice of hearing.
the Board sends the submission, to sub-
mit to the Board a written rebuttal or (a) If the Chair determines that a
response to the Coast Guards advisory hearing is warranted, the Chair shall
opinion or a written request for an ex- notify the applicant that a hearing has
tension of the time to respond, subject been granted.
to the provisions in 52.26. (b) The date of hearing shall be not
(e) Advisory opinions submitted by less than 21 days from the date of this
the Coast Guard and briefs submitted notification. Written notice stating the
by applicants in response to the advi- date, time, and place of the hearing
sory opinions of the Coast Guard must shall be given to the applicant and the
be assembled in a manner that permits Coast Guard.
easy reproduction and may not exceed
fifteen double-spaced typewritten 52.53 Witnesses.
pages in a type size with no more than (a) In any case in which the Chair has
twelve characters per inch. This limi- granted a hearing, the applicant shall
tation does not apply to supporting have the right to present witnesses.
documentary evidence. In complex (b) It is the responsibility of the ap-
cases, the Chair may waive this limita- plicant to notify his or her witnesses
tion. and to ensure their appearance at the
52.43 Requests for further informa- date, time, and place set for the hear-
tion; submissions of classified, priv- ing.
ileged, and sensitive information.
52.54 Expenses.
(a) The Chair or the Board may ask
the applicant to submit additional in- No expenses of any nature whatso-
formation not included in the applica- ever incurred by an applicant, his or
tion or response to the advisory opin- her counsel, witnesses, or others acting
ion. on behalf of the applicant shall be paid
(b) The Chair or the Board may ask by the Government, except that an ap-
the Coast Guard or other Government plicant may be entitled to representa-
office to submit any information, in- tion by a Coast Guard law specialist if
cluding reports of investigations, that the case has been processed under the
the Chair or the Board deems relevant Whistleblower Protection Act. 10
to an applicants case. U.S.C. 1034(f)(3)(A).
(c) Whenever the Coast Guard or
other Government office submits clas- 52.55 Nonappearance.
sified, privileged, or sensitive informa- An applicant who fails without good
tion to the Board in accordance with cause to appear in person or by counsel
paragraph (b) of this section or at the appointed date, time, and place
52.42(b), it shall identify such informa- for hearing, is deemed to have waived
tion and also provide the Board with a the right to a hearing. The application
copy of that part of the information is then considered by the Board on the
that would be released to the applicant basis of all the material of record.
126
52.56 Conduct of hearing. the Coast Guard, and any other action
deemed necessary to provide full and
(a) The Chair or the Chairs designee
effective relief, which may include di-
shall conduct a hearing so as to ensure
recting the Coast Guard to convene
a full and fair presentation of the evi-
medical boards.
dence.
(e) If the Board deems it necessary to
(b) The hearing is not limited by
submit a comment or recommendation
legal rules of evidence, but reasonable
to the Secretary as to a matter arising
standards of competency, relevancy,
from, but not directly related to, the
and materiality are observed for the re- issues in a case, it does so by separate
ceipt and consideration of evidence. communication.
(c) All testimony shall be given under
oath or affirmation. 52.62 Minority report.
52.57 Record of hearing. In case of disagreement among Board
members, a minority report may be
A hearing pursuant to this subpart in submitted dissenting from or concur-
open session shall be recorded verbatim ring with the decision of the Board.
and, at the discretion of the Board or
direction of the Secretary, shall be 52.63 Record of proceedings.
transcribed.
(a) The Board shall prepare a com-
plete record of each proceeding. The
Subpart GJudgment and record shall include the application for
Disposition relief; the written views of the Coast
Guard, if any; any transcript of testi-
52.61 Deliberations and decision. mony; affidavits and documents consid-
(a) The Board is convened at the call ered by the Board; briefs and written
of the Chair and its meetings are re- arguments filed in the case; the find-
cessed or adjourned by order of the ings, decisions, and recommendations
Chair. Only members of the Board and of the Board; minority reports, if any;
its staff may be present during the de- and all other materials necessary to re-
liberations of the Board. The Boards flect a true and complete history of the
deliberations are conducted in execu- proceedings.
tive session and are not reported. (b) After final action has been taken
(b) When the Board finds that the on an application in accordance with
facts have not been fully and fairly dis- 52.64, any classified, privileged, or sen-
closed by the records, testimony, and sitive information in the record of pro-
any other evidence before the Board, ceedings that has been provided by the
the Board may request the applicant Coast Guard or another Government
and/or the Coast Guard to obtain and office in accordance with 52.42 or
submit such further evidence as it con- 52.43 shall be returned by the Board to
siders essential to a complete and im- the office from which it was received.
partial understanding of the facts and Only a copy of the information pro-
issues. vided by the Coast Guard or other Gov-
(c) Following the receipt of all evi- ernment office for release to the appli-
dence, the Chair shall cause to be pre- cant in accordance with 52.43(c) shall
pared and shall submit to the Board for be retained in the permanent record of
its consideration a draft decision con- proceedings after final action is taken.
taining proposed findings and conclu-
sions and a proposed order. A majority 52.64 Final action.
vote of the members of the Board (a) The Board, provided that it acts
present at a meeting on any matter re- unanimously, may take final action on
lating to a draft decision before the behalf of the Secretary, pursuant to 10
Board shall constitute the action of the U.S.C. 1552, as follows:
Board. If a draft decision is approved (1) The Board may deny an applica-
by the Board, it shall become a deci- tion for the correction of military
sion of the Board. records.
(d) The decision of the Board shall (2) Unless the Coast Guard, in sub-
specify any change, correction, or mitting its views pursuant to 52.42(b),
modification of records to be made by identifies and describes a significant
127
52.65 33 CFR Ch. I (7112 Edition)
issue of Coast Guard policy challenged 52.66 Notification.

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

and Implementation of Orders Guard believes that the order is incom-
plete because of an oversight, the final
52.71 Authority to pay. decision shall be returned to the Board
(a) The Coast Guard is authorized to for clarification or technical amend-
pay the claims of any person as the re- ment.
sult of any action heretofore or here-
52.74 Report of settlement.
after taken under 10 U.S.C. 1552.
(b) The Coast Guard is not authorized When payment is made pursuant to
to pay any claim heretofore com- the order of the Board, the Board may
pensated by Congress through enact- request the Coast Guard to notify it of
ment of private law, or to pay any the name of any person to whom pay-
amount as compensation for any ben- ment was made and of the amount of
efit to which the claimant might subse- the payment.
quently become entitled under the laws
and regulations administered by the Subpart IPublic Access to
Secretary of Veterans Affairs. Decisions
52.72 Implementation of orders.
52.81 Reading room and index.
(a) In each case the Board shall
transmit a copy of its decision or the After deleting only so much personal
Secretarys decision to the proper information as is necessary to prevent
Coast Guard authority for determina- an unwarranted invasion of privacy of
tion of monetary benefits due, if any, the applicant or other persons men-
as a result of the action of the Board tioned in the final decision of the
and for corrections of the military Board, a redacted copy of each final de-
record ordered by the Board. cision shall be indexed by subject and
(b) Upon request, the claimant is re- made available for review and copying
quired to furnish to the Board or to the at a public reading room. Final deci-
Coast Guard any information necessary sions created on or after November 1,
to determine the proper parties to the 1996, shall be made available by elec-
claim for payment under applicable tronic means. 5 U.S.C. 552.
provisions of law.
(c) Appropriate records shall be ex- PART 53COAST GUARD
amined in light of the Boards decision WHISTLEBLOWER PROTECTION
to determine all amounts which may
be due. Amounts found due are subject Sec.
to setoff in the amount of any existing 53.1 Purpose.
indebtedness to the Government aris- 53.3 Applicability.
ing from Coast Guard service and to 53.5 Definitions.
other setoffs required by law or regula- 53.7 Requirements.
tion. 53.9 Responsibilities.
(d) At the time of payment, the 53.11 Procedures.
claimant shall be advised as to the na-
ture and amount of the various bene- AUTHORITY: 10 U.S.C. 1034; Pub. L. 100456,
102 Stat. 1918; Pub. L. 101225, 103 Stat. 1908;
fits represented by the total settle- Pub. L. 107296, 116 Stat. 2135.
ment, and of the fact that acceptance
of the settlement constitutes a com- SOURCE: 56 FR 13405, Apr. 2, 1991, unless
plete release by the claimant of any otherwise noted.
claim against the United States on ac-
count of the correction of record or- 53.1 Purpose.
dered by the Board. This part:
(a) Establishes policy and imple-
52.73 Interpretation. ments section 1034 of title 10 of the
If the intent or import of the final United States Code to provide protec-
decision is not clear to the Coast tion against reprisal to members of the
Guard, if the Coast Guard believes that Coast Guard for making a protected
executing all or part of the order in the communication to a Member of Con-
final decision is beyond the Coast gress; an Inspector General; a member
129
of a Department of Defense or Depart- Inspector General. The Inspector Gen-

ment of Homeland Security audit, in- eral in the Office of Inspector General
spection, investigation, or law enforce- of the Department of Homeland Secu-
ment organization (e.g., the Coast rity, or any other Inspector General, as
Guard Investigative Service); any per- appointed under the Inspector General
son or organization in the chain of Act of 1978.
command; and any other person or or- Judge Advocate. A commissioned offi-
ganization designated pursuant to reg- cer of the Coast Guard designated for
ulations or other established adminis- the special duty of law.
trative procedures for such commu- Member of the Coast Guard. Any past
nications. or present Coast Guard uniformed per-
(b) Assigns responsibilities and dele- sonnel, officer or enlisted, regular or
gates authority for such protection and reserve. This definition includes cadets
prescribes operating procedures. of the Coast Guard Academy.
Member of Congress. In addition to a
[56 FR 13405, Apr. 2, 1991, as amended by
USCG20090239, 75 FR 79959, Dec. 21, 2010] Representative or a Senator, the term
includes any Delegate or Resident
53.3 Applicability. Commissioner to Congress.
Personnel Action. Any action taken
This part applies to members of the
regarding a member of the Coast Guard
United States Coast Guard, the Board
that adversely affects or has the poten-
for Correction of Military Records of
tial to adversely affect the members
the Coast Guard, and the Department
position or his or her career. Such ac-
of Homeland Securitys Office of the
tions include, but are not limited to, a
Inspector General.
disciplinary or other corrective action;
[56 FR 13405, Apr. 2, 1991, as amended by a transfer or reassignment; a perform-
USCG200314505, 68 FR 9535, Feb. 28, 2003] ance evaluation; or a decision con-
cerning a promotion, pay, benefits,
53.5 Definitions. awards, or training.
As used in this part, the following Protected Communication. Any lawful
terms shall have the meaning stated, communication to a Member of Con-
except as otherwise provided: gress or an Inspector General; or a
Board for Correction of Military communication in which a member of
Records of the Coast Guard. The Depart- the Coast Guard communicates infor-
ment of Homeland Security Board for mation that the member reasonably
Correction of Military Records of the believes evidences a violation of law or
Coast Guard (Board) is empowered regulation (including sexual harass-
under 10 U.S.C. 1552 to make correc- ment or discrimination), gross mis-
tions of Coast Guard military records. management, a gross waste of funds or
The Board is part of the Office of the other resources, an abuse of authority,
General Counsel in the Office of the or a substantial and specific danger to
Secretary of Homeland Security. public health or safety, when such
Chain of Command. The succession of communication is made to any of the
commanding officers from a superior to following: A Member of Congress; an
a subordinate through which command Inspector General; a member of a De-
is exercised; and the succession of offi- partment of Defense or Department of
cers, enlisted members, or civilian per- Homeland Security audit, inspection,
sonnel through whom administrative investigation, or law enforcement orga-
control is exercised, including super- nization (e.g., the Coast Guard Inves-
vision and rating of performance. tigative Service); any person or organi-
Corrective Action. Any action deemed zation in the chain of command; and
necessary to make the complainant any other person or organization des-
whole, changes in agency regulations ignated pursuant to regulations or
or practices, and/or administrative or other established administrative proce-
disciplinary action against offending dures to receive such communications.
personnel, or referral to the U.S. Attor- Reprisal. Taking or threatening to
ney General or courtmartial convening take an unfavorable personnel action,
authority of any evidence of criminal or withholding or threatening to with-
violation. hold a favorable personnel action,
130
against a member of the Coast Guard the allegation, which shall include a
for making or preparing to make a pro- thorough review of the facts and cir-
tected communication. cumstances relevant to the allegation,
Secretary. The Secretary of Homeland the relevant documents acquired dur-
Security or his or her delegate. ing the investigation, and summaries
[56 FR 13405, Apr. 2, 1991, as amended by of interviews conducted. The Inspector
USCG200314505, 68 FR 9535, Feb. 28, 2003; General may forward a recommenda-
USCG20090239, 75 FR 79959, Dec. 21, 2010] tion as to the disposition of the com-
plaint.
53.7 Requirements.
(4) Submit a copy of the investiga-
(a) No person within the Department tion report to the Secretary of the De-
of Homeland Security may restrict a partment of Homeland Security and to
member of the Coast Guard from law- the Coast Guard member making the
fully communicating with a Member of allegation not later than 30 days after
Congress or an Inspector General. the completion of the investigation. In
(b) A member of the Coast Guard the copy of the report transmitted to
shall be free from reprisal for making
the member, the Inspector General
or preparing to make a protected com-
shall ensure the maximum disclosure
munication.
(c) Any employee or member of the of information possible, with the ex-
Coast Guard who has the authority to ception of information that is not re-
take, direct others to take, or rec- quired to be disclosed under 5 U.S.C.
ommend or approve any personnel ac- 552. However, the copy transmitted to
tion shall not, under such authority, the member need not contain sum-
take, withhold, threaten to take, or maries of interviews conducted, nor
threaten to withhold a personnel ac- any document acquired, during the
tion regarding any member of the course of the investigation. Such items
Coast Guard in reprisal for making or shall be transmitted to the member, if
preparing to make a protected commu- the member requests the items, with
nication. the copy of the report or after the
[56 FR 13405, Apr. 2, 1991, as amended by transmittal to the member of the copy
USCG200314505, 68 FR 9535, Feb. 28, 2003; of the report, regardless of whether the
USCG20090239, 75 FR 79959, Dec. 21, 2010] request for those items is made before
or after the copy of the report is trans-
53.9 Responsibilities. mitted to the member.
(a) The Inspector General, Depart- (5) If a determination is made that
ment of Homeland Security shall: the report cannot be issued within 180
(1) Expeditiously determine whether days of receipt of the allegation, notify
there is sufficient evidence to warrant the Secretary and the Coast Guard
an investigation of an allegation that a member making the allegation of the
personnel action has been taken, with- reasons why the report will not be sub-
held, or threatened in reprisal for mak- mitted within that time, and state
ing or preparing to make a protected when the report will be submitted.
communication. No investigation is re-
(6) At the request of the Board, sub-
quired when such allegation is sub-
mit a copy of the investigative report
mitted more than 60 days after the
to the Board.
Coast Guard member became aware of
the personnel action that is the subject (b) The Board shall, in accordance
of the allegation. with its regulations (33 CFR part 52):
(2) If such investigation is warranted, (1) Consider under 10 U.S.C. 1552 and
initiate a separate investigation of the 33 CFR part 52 an application for the
information the Coast Guard member correction of records made by a Coast
reasonably believes evidences wrong- Guard member who has filed a timely
doing if a prior investigation has not complaint with the Inspector General
already been initiated, or if the prior alleging that a personnel action was
investigation was biased or inadequate. taken in reprisal for making or pre-
(3) Complete the investigation of the paring to make a protected commu-
allegation of reprisal and issue a report nication. This may include oral argu-
not later than 180 days after receipt of ment, examining and cross-examining
131
53.11 33 CFR Ch. I (7112 Edition)
witnesses, taking depositions, and con- reprisal, and direct any appropriate
ducting an evidentiary hearing at the correction of the members records.
Boards discretion. (f) The Board shall notify the Inspec-
(2) Review the report of any inves- tor General of the Boards decision con-
tigation by the Inspector General into cerning an application for the correc-
the Coast Guard members allegation tion of military records of a Coast
of reprisal. Guard member who alleged reprisal for
(3) As deemed necessary, request the making or preparing to make a pro-
Inspector General to gather further tected communication, and of any rec-
evidence and issue a further report to ommendation to the Secretary of the
the Board. Department of Homeland Security for
(4) Issue a final decision concerning appropriate administrative or discipli-
the application for the correction of nary action against the individual or
military records under this part not individuals found to have taken, with-
later than 180 days after receipt of a held, or threatened a personnel action
complete application. as a reprisal.
(c) If the Board elects to hold an ad- (g) When reprisal is found, the Sec-
ministrative hearing, the Coast Guard retary shall ensure that appropriate
member may be represented by a Judge corrective action is taken.
Advocate if: [56 FR 13405, Apr. 2, 1991, as amended by
(1) The Inspector General, in the re- USCG200314505, 68 FR 9535, Feb. 28, 2003;
port of the investigation, finds there is USCG20090239, 75 FR 79960, Dec. 21, 2010]
probable cause to believe that a per-
sonnel action was taken, withheld, or 53.11 Procedures.
threatened in reprisal for the Coast (a) Any member of the Coast Guard
Guard member making or preparing to who reasonably believes a personnel ac-
make a protected communication; tion was taken, withheld, or threat-
(2) The Chief Counsel of the Coast ened in reprisal for making or pre-
Guard (who may also be serving as the paring to make a protected commu-
Judge Advocate General of the Coast nication may file a complaint with the
Guard) determines that the case is un- Department of Homeland Security In-
usually complex or otherwise requires spector General Hotline at 1800323
the assistance of a Judge Advocate to 8603. Such a complaint may be filed: By
ensure proper presentation of the legal letter addressed to the Department of
issues in the case; and Homeland Security, Office of Inspector
(3) The Coast Guard member is not General, Hotline, Washington, DC
represented by outside counsel chosen 20528; By faxing the complaint to 202
by the member. 2544292; or by e-mailing
(d) If the Board elects to hold an ad- DHSOIGHOTLINE@dhs.gov.
ministrative hearing, the Board must (b) The complaint should include the
ensure that the Coast Guard member name, address, and telephone number
may examine witnesses through deposi- of the complainant; the name and loca-
tion, serve interrogatories, and request tion of the activity where the alleged
the production of evidence, including violation occurred; the personnel ac-
evidence in the Inspector General in- tion taken, withheld, or threatened
vestigatory record but not included in that is alleged to be motivated by re-
the report released to the member. prisal; the name(s) of the individual(s)
(e) If the Board determines that a believed to be responsible for the per-
personnel action was taken, withheld, sonnel action; the date when the al-
or threatened as a reprisal for a Coast leged reprisal occurred; and any infor-
Guard member making or preparing to mation that suggests or evidences a
make a protected communication, the connection between the protected com-
Board may forward its recommenda- munication and reprisal. The com-
tion to the Secretary of the Depart- plaint should also include a description
ment of Homeland Security for appro- of the protected communication, in-
priate administrative or disciplinary cluding a copy of any written commu-
action against the individual or indi- nication and a brief summary of any
viduals found to have taken, withheld, oral communication showing the date
or threatened a personnel action as a of communication, the subject matter,
132
and the name of the person or official child and spousal support, including
to whom the communication was made. any official of a political subdivision
(c) A member of the Coast Guard who when authorized under a State plan.
alleges reprisal for making or pre- (b) The court that has authority to
paring to make a protected commu- issue an order against the member for
nication may submit an application for the support and maintenance of a
the correction of military records to child, or any agent of that court.
the Board, in accordance with regula-
tions governing the Board. See 33 CFR 54.05 Form and contents of notice.
part 52.
(d) An application submitted under (a) The notice required to institute
paragraph (c) of this section shall be an allotment under this part must be
considered in accordance with regula- given in the form of a court order, let-
tions governing the Board. See 33 CFR ters, or other document issued by a
part 52. person specified in 54.03.
(b) The notice must:
[56 FR 13405, Apr. 2, 1991, as amended by
USCG20090239, 75 FR 79960, Dec. 21, 2010]
(1) Provide the full name, social secu-
rity number, and duty station of the
member who owes the support obliga-
PART 54ALLOTMENTS FROM AC- tion;
TIVE DUTY PAY FOR CERTAIN (2) Specify the amount of support
SUPPORT OBLIGATIONS due, and the period in which it has re-
mained owing;
Sec.
54.01 Purpose. (3) Be accompanied by a certified
54.03 Persons authorized to give notices. copy of an order directing the payment
54.05 Form and contents of notice. of this support issued:
54.07 Service of notice upon designated (i) By a court of competent jurisdic-
Coast Guard official. tion, or;
AUTHORITY: 42 U.S.C. 665(c). (ii) In accordance with an adminis-
SOURCE: CGD 82109, 48 FR 4285, Jan. 31, trative procedure which is established
1983, unless otherwise noted. by State law, affords substantial due
process, and is subject to judicial re-
54.01 Purpose. view;
This part prescribes procedures for (4) Provide the full name, social secu-
State officials to notify the Coast rity number, and mailing address of
Guard that a member on active duty is the person to whom the allotment is to
delinquent in meeting an obligation for be paid;
child support alone, or both child and (5) Identify the period in which the
spousal support, in an amount equal to allotment is to remain in effect; and
the support payable for two months or (6) Identify the name and birth date
longer. Under 42 U.S.C. 665, an allot- of all children for whom support is to
ment may be taken from the pay and be provided under the allotment.
allowances of the member in this situa-
(c) Each notice must be accompanied
tion.
by the following information:
54.03 Persons authorized to give no- (1) For each administrative order, a
tices. copy of all provisions of state law gov-
For the purpose of instituting an al- erning its issuance.
lotment under this part, notice that a (2) For each court order and for each
Coast Guard member is delinquent in administrative order, if not stated in
meeting support obligations may be the support order:
given by: (i) An explanation as to how personal
(a) Any agent or attorney of any jurisdiction was obtained over the
State having in effect a plan approved member; and
under Part D of Title IV of the Social (ii) A statement on the age of major-
Security Act (42 U.S.C. 651664), who ity in the state law, with appropriate
has the duty or authority to seek re- legal citations.
covery of any amounts owed as child or
133
54.07 33 CFR Ch. I (7112 Edition)
54.07 Service of notice upon des- lation that offers, on a regularly sched-
ignated Coast Guard official. uled basis, developmental services de-
The notice and all accompanying signed to foster social, emotional,
documentation must be sent to Com- physical, creative, and intellectual
manding Officer, Coast Guard Human growth to groups of children.
Resources Service and Information Child development services means de-
Center, Federal Building, 444 S.E. Quin- velopmental services provided at a
cy Street, Topeka, KS 666833591, tele- child development center or by a fam-
phone 7853393595, facsimile 785339 ily child care provider at his or her
3788. Coast Guard-owned or -leased home.
Coast Guard family child care provider
[CGD 82109, 48 FR 4285, Jan. 31, 1983, as
amended by CGD 88052, 53 FR 25119, July 1, means a Coast Guard family member,
1988; CGD 97023, 62 FR 33362, June 19, 1997; 18 years of age or older, who provides
USCG20019286, 66 FR 33639, June 25, 2001] child care for 10 hours or more per
week per child to one but no more than
PART 55CHILD DEVELOPMENT six children, including the providers
SERVICES own children under the age of eight, on
a regular basis in his or her Coast
Subpart AGeneral Guard-owned or -leased housing.
Coast Guard family child care services
Sec. means child care provided on a regu-
55.1 Purpose. larly scheduled basis for 10 hours or
55.3 Who is covered by this part?
55.5 Who is eligible for child development more a week by an individual certified
services? by the Coast Guard and who resides in
55.7 Definitions. Coast Guard-controlled housing.
55.9 Child development centers. Command means the Commanding Of-
55.11 How are child development center fees ficer of one or more units of personnel
established?
in a limited geographic area with re-
55.13 Family child care providers.
sponsibility for a child development
AUTHORITY: 14 U.S.C. 515. center.
SOURCE: USCG19983821, 64 FR 6528, Feb. Family child care means child care
10, 1999, unless otherwise noted. provided in the home of a provider, ei-
ther a Coast Guard family child care
Subpart AGeneral provider or a family home day care
provider.
55.1 Purpose. Family home day care provider means
This subpart implements 46 U.S.C. an individual 18 years of age or older
515, which provides for Coast Guard who is licensed by the state agency
Child Development Services. that regulates child care. This person
provides child care to one but to no
55.3 Who is covered by this subpart? more than six children, including the
This subpart applies to all Coast providers own children under the age
Guard installations. of eight, on a regular basis in his or her
residence.
55.5 Who is eligible for child develop- Geographic cost of living allowance
ment services? means the adjustment in basic pay re-
Coast Guard members and civilian lated to higher living costs in certain
Coast Guard employees are eligible for geographic areas.
the child developmental services de- Total family income means the earned
scribed in this subpart. As space is income for adult members of the
available, members of the other Armed household including wages, salaries,
Forces and other Federal civilian em- tips, long-term disability benefits re-
ployees are also eligible. ceived by a family, incentive and spe-
cial pay for service or anything else of
55.7 Definitions. value, even if not taxable, that was re-
As used in this subpart ceived for providing services. Also in-
Child development center means a fa- cluded is Basic Allowance for Housing
cility located on a Coast Guard instal- and Basic Allowance for Subsistence
134
authorized for the pay grade of mili- 55.11 How are child development
tary personnel, whether the allowance center fees established?
is received in cash or in-kind. Total (a) Fees for the provision of services
Family Income does not include: the at child development centers shall be
geographic cost of living allowance; al- set by each Command with responsi-
imony and child support; temporary bility for a center-based program, ac-
duty allowances or reimbursements for cording to the following total family
educational expenses; veterans bene- income chart:
fits; workers compensation benefits;
and, unemployment compensation. TOTAL FAMILY INCOME
These are to be excluded from total $0 to $23,000
family income. $23,001 to $34,000
Uneconomical and inefficient means $34,001 to $44,000
$44,001 to $55,000
that the fees collected from parents Over $55,000
can not be used in a manner that pro-
vides a quality program at an afford- (b) Fees for the provision of services
able cost to parents using the child at Coast Guard child development cen-
care services. ters shall be used only for compensa-
tion for employees at those centers
55.9 Child development centers. who are directly involved in providing
child care, unless it is uneconomical
(a) The Commandant may make child
and inefficient. If uneconomical and in-
development services available at child efficient, then the fees may be used for:
development centers located at Coast (1) The purchase of consumable or
Guard installations. disposable items for Coast Guard child
(b) Regular and unannounced inspec- development centers; and
tions of each child development center (2) If the requirements of such cen-
shall be conducted annually by head- ters for consumable or disposable items
quarters program personnel, the com- for a given fiscal year have been met,
manding officer of the sponsoring com- for other expenses of those centers.
mand, fire personnel, and health and
safety personnel. 55.13 Family child care providers.
(c) Training programs shall be con- When appropriated funds are avail-
ducted monthly to ensure that all child able, funds may be offered to provide
development center employees com- assistance to Coast Guard Family
plete a minimum of 20 hours of train- Child Care Providers or to family home
ing annually with respect to early day care providers so that family child
childhood development, activities and care services can be provided to mili-
disciplinary techniques appropriate to tary members and civilian employees
children of different ages, child abuse of the Coast Guard, at a cost com-
prevention and detection, and appro- parable to the cost of services at Coast
priate emergency medical procedures. Guard child development centers.
135
SUBCHAPTER CAIDS TO NAVIGATION
CROSS REFERENCE: Corps of Engineers, De- aids to navigation operated by the

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

Certain terms as used in this sub- Navigation System
chapter are defined as follows:
(a) Aid to Navigation. The term aid to 62.21 General.
navigation means any device external (a) The navigable waters of the
to a vessel or aircraft intended to as- United States and non-navigable State
sist a navigator to determine position waters after December 31, 2003, are
or safe course, or to warn of dangers or marked to assist navigation using the
obstructions to navigation. U.S. Aids to Navigation System, a sys-
(b) Commerce. The term commerce, in tem consistent with the International
addition to general, national and inter- Association of Lighthouse Authorities
national trade and commerce of the (IALA) Maritime Buoyage System. The
United States, includes trade and trav- IALA Maritime Buoyage System is fol-
el by seasonal passenger craft (marine lowed by most of the worlds maritime
and air), yachts, houseboats, fishing nations and will improve maritime
boats, motor boats, and other craft, safety by encouraging conformity in
whether or not operated for hire or buoyage systems worldwide. IALA
profit. buoyage is divided into two regions
(c) Commandant. The term Com- made up of Region A and Region B. All
mandant means the Commandant of navigable waters of the United States
the Coast Guard. follow IALA Region B, except U.S. pos-
(d) District Commander. The term Dis- sessions west of the International Date
trict Commander means the com- Line and south of 10 degrees north lati-
mander of a Coast Guard District. tude, which follow IALA Region A.
Coast Guard Districts are listed in Part Lateral aids to navigation in Region A
3 of this chapter. vary from those described throughout
(e) Corps of Engineers. The term Corps this Subpart. Non-lateral aids to navi-
of Engineers means the Corps of Engi- gation are the same as those used in
neers, Department of the Army. Region B. See 62.25. Appropriate nau-
tical charts and publications should be
(f) Person. The term person imparts
consulted to determine whether the
both singular or plural, as the case de-
Region A or Region B marking schemes
mands, and includes any Federal Agen-
are in effect for a given area.
cy, State, Territory, possession, or
public subdivision thereof, the District (b) The U.S. Aids to Navigation Sys-
of Columbia, and any corporation, com- tem is designed for use with nautical
pany, association, club, or other in- charts. Nautical charts portray the
strumentality. physical features of the marine envi-
ronment, including soundings and
(g) Navigable waters of the United
other submarine features, landmarks,
States. The term navigable waters of
and other aids necessary for the proper
the United States is defined in 2.36(a)
navigation of a vessel. This crucial in-
of this chapter.
formation cannot be obtained from
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as other sources, even ones such as topo-
amended by USCG20019044, 68 FR 42601, graphic maps, aeronautical charts, or
July 18, 2003] atlases. The exact meaning of an aid to
navigation may not be clear to the
62.5 Marking of marine parades and mariner unless the appropriate chart is
regattas. consulted, as the chart illustrates the
(a) The Coast Guard may establish relationship of the individual aid to
aids to navigation to mark marine pa- navigation to channel limits, obstruc-
rades and regattas which are regulated tions, hazards to navigation, and to the
by the Coast Guard for the purpose of total aids to navigation system.
protecting life and property, or to as- (c) The navigator should maintain
sist in the observance and enforcement and consult suitable publications and
of special regulations. For marine pa- instruments for navigation depending
rade and regatta regulations, see Part on the vessels requirements. This ship-
100 of this chapter. board equipment is separate from the
(b) [Reserved] aids to navigation system, but is often
137
62.21 33 CFR Ch. I (7112 Edition)
essential to its use. The following pub- Local Notice to Mariners with more
lications are available from the U.S. timely information. Mariners should
Government to assist the navigator: monitor VHF-FM channel 16 to locate
(1) The Light List, published by the Coast Guard Marine Information
Coast Guard and available through the Broadcasts.
Government Printing Office or author- (d) The U.S. Aids to Navigation Sys-
ized sales agents, lists federal and pri- tem is primarily a lateral system
vate aids to navigation. It includes all which employs a simple arrangement
major Federal aids to navigation and of colors, shapes, numbers, and light
those private aids to navigation, which characteristics to mark the limits of
have been deemed to be important to navigable routes. This lateral system is
general navigation, and includes a supplemented by nonlateral aids to
physical description of these aids and navigation where appropriate.
their locations. (e) Generally, lateral aids to naviga-
(2) The United States Coast Pilot, tion indicate on which side of a vessel
published by the National Ocean Serv- an aid to navigation should be passed
ice and available through that agency when the vessel is proceeding in the
or authorized nautical chart sales Conventional Direction of Buoyage.
agents, supplements the information Normally, the Conventional Direction
shown on nautical charts. Subjects of Buoyage is the direction in which a
such as local navigation regulations, vessel enters navigable channels from
channel and anchorage peculiarities, seaward and proceeds towards the head
dangers, climatalogical data, routes, of navigation. In the absence of a route
and port facilities are covered. leading from seaward, the Conven-
(3) Local Notices to Mariners are tional Direction of Buoyage generally
published by local Coast Guard District follows a clockwise direction around
Commanders. Persons may be placed land masses. For example, proceeding
on the mailing list to receive local No- southerly along the Atlantic Coast,
tices by contacting the Aids to Naviga- from Florida to Texas along the Gulf
tion and Waterway Management Coast, and northerly along the Pacific
Branch of the appropriate Coast Guard Coast are considered as proceeding in
District. These notices pass informa- the Conventional Direction of Buoyage.
tion affecting navigation safety. In some instances, this direction must
Changes to aids to navigation, reported be arbitrarily assigned. Where doubt
dangers, scheduled construction or exists, the mariner should consult
other disruptions, chart corrections charts and other nautical publications.
and similar useful marine information (f) Although aids to navigation are
is made available through this publica- maintained to a reasonable degree of
tion. reliability, the rigors of the marine en-
(4) The Notice to Mariners is a na- vironment and various equipment fail-
tional publication, similar to the Local ures do cause discrepancies on occa-
Notice to Mariners, published by the sion.
National Imagery and Mapping Agen- (g) The Coast Guard makes reason-
cy. The notice may be obtained free of able efforts to inform the navigator of
charge from commercial maritime known discrepancies, and to correct
sources and, upon request, to Defense them within a reasonable period of
Logistics Agency, Defense Supply Cen- time, depending upon resources avail-
ter Richmond, ATTN: JNB, 8000 Jeffer- able. Occasionally, a temporary aid to
son Davis Highway, Richmond, VA navigation, which provides different
232975100 or FAX 8042796510, ATTN: but similar service, is deployed until
Accounts Manager, RMF. A letter of permanent repairs can be made to the
justification should be included in the original aid. Notification of such tem-
request. This publication provides porary changes is made through the
ocean going vessels significant infor- notice to mariners system.
mation on national and international (h) Mariners should exercise caution
navigation and safety. when using private aids to navigation
(5) The mariner should also listen to because private aids are often estab-
Coast Guard Broadcast Notices to lished to serve the needs of specific
Mariners. These broadcasts update the users rather than general navigation
138
and their purpose may not be obvious (iii) Pillar buoys have a wide cylin-
to casual users; and, discrepancies to drical base supporting a narrower su-
private aids are often detected, re- perstructure. They may be surmounted
ported, and corrected less promptly by colored shapes called topmarks.
than discrepancies to Coast Guard aids (iv) Spherical buoys have a round
to navigation. shape.
(2) Mariners attempting to pass a
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as
amended by CGD 88018, 54 FR 48608, Nov. 24,
buoy close aboard risk collision with a
1989; CGD 97018, 63 FR 33573, June 19, 1998; yawing buoy, the buoys mooring, or
USCG20019286, 66 FR 33640, June 25, 2001] with the obstruction which the buoy
marks.
62.23 Beacons and buoys. (3) Mariners should not rely on buoys
(a) Aids to navigation are placed on alone for determining their positions
shore or on marine sites to assist a due to factors limiting their reli-
navigator to determine his position or ability. Prudent mariners will use
safe course. They may mark limits of bearings or angles from beacons or
navigable channels, or warn of dangers other landmarks, soundings, and var-
or obstructions to navigation. The pri- ious methods of electronic navigation.
mary components of the U.S. Aids to Buoys vary in reliability because:
Navigation System are beacons and (i) Buoy positions represented on
buoys. nautical charts are approximate posi-
(b) Beacons are aids to navigation tions only, due to practical limitations
structures which are permanently fixed in positioning and maintaining buoys
to the earths surface. They range from and their sinkers in precise geo-
large lighthouses to small, single-pile graphical locations.
(ii) Buoy moorings vary in length.
structures and may be located on land
The mooring lengths define a watch
or in the water. Lighted beacons are
circle, and buoys can be expected to
called lights; unlighted beacons are
move within this circle. Actual watch
called daybeacons.
(1) Beacons exhibit a daymark. For circles do not coincide with the dots or
small structures these are colored geo- circles representing them on charts.
(iii) Buoy positions are normally
metric shapes which make an aid to
verified during periodic maintenance
navigation readily visible and easily
visits. Between visits, environmental
identifiable against background condi-
conditions, including atmospheric and
tions. Generally, the daymark conveys
sea conditions, and seabed slope and
to the mariner, during daylight hours,
composition, may shift buoys off their
the same significance as does the aids
charted positions. Also buoys may be
light or reflector at night. The
dragged off station, sunk, or capsized
daymark of large lighthouses and tow-
by a collision with a vessel.
ers, however, consists of the structure
itself. As a result, these daymarks do [CGD 86031, 52 FR 42640, Nov. 6, 1987; CGD 86
not infer lateral significance. 031, 52 FR 46351, Dec. 5, 1987]
(2) Vessels should not pass beacons
close aboard due to the danger of colli- 62.25 Lateral marks.
sion with rip-rap or structure founda- (a) Lateral marks define the port and
tions, or the obstruction or danger that starboard sides of a route to be fol-
the aid marks. lowed. They may be either beacons or
(c) Buoys are floating aids to naviga- buoys.
tion used extensively throughout U.S. (b) Sidemarks are lateral marks
waters. They are moored to the seabed which advise the mariner to stay to
by sinkers with chain or other moor- one side of the mark. Their most fre-
ings of various lengths. quent use is to mark the sides of chan-
(1) The daymark of a buoy is the nels; however, they may be used indi-
color and shape of the buoy and, if so vidually to mark obstructions outside
equipped, of the topmark. of clearly defined channels. Sidemarks
(i) Can buoys have a cylindrical are not always placed directly on a
shape. channel edge and may be positioned
(ii) Nun buoys have a tapered, conical outside the channel as indicated on
shape. charts and nautical publications.
139
62.27 33 CFR Ch. I (7112 Edition)
(1) Port hand marks indicate the left end of channels. Safe water marks are
side of channels when proceeding in the colored with red and white vertical
Conventional Direction of Buoyage. stripes. Beacons have an octagonal
Beacons have green square daymarks, daymark; red and white buoys are
while buoys are green can or pillar spherical or display a red spherical
buoys. topmark.
(2) Starboard hand marks indicate [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
the right side of channels when pro- amended by CGD 88018, 54 FR 48608, Nov. 24,
ceeding in the Conventional Direction 1989]
of Buoyage. Beacons have red tri-
angular daymarks, while buoys are red 62.29 Isolated danger marks.
nun or pillar buoys. Isolated danger marks indicate an
(c) Preferred channel marks indicate isolated danger which may be passed
channel junctions or bifurcations and on all sides. As these marks are erected
may also mark wrecks or obstructions or moored on or near dangers, they
which the mariner, after consulting a should not be approached closely with-
chart to ascertain the location of the out special caution. These marks are
obstruction relative to the aid, may colored black with one or more broad
pass on either side. Preferred channel horizontal red bands and are equipped
marks have red and green horizontal with a topmark of two black spheres,
bands with the color of the topmost one above the other.
band indicating the preferred channel.
If the topmost band is green, the mark [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
amended by CGD 88018, 54 FR 48608, Nov. 24,
serves as a port hand mark for vessels
1989]
following the preferred channel pro-
ceeding in the Conventional Direction 62.31 Special marks.
of Buoyage, and as a starboard hand
Special marks are not primarily in-
mark for the other channel. Beacons
tended to assist safe navigation, but to
would have square daymarks, while
indicate special areas or features re-
buoys would be can or pillar buoys. If
ferred to in charts or other nautical
the topmost band is red, the mark
publications. They may be used, for ex-
serves as a starboard hand mark for
ample, to mark anchorages, cable or
vessels following the preferred channel
pipeline areas, traffic separation
proceeding in the Conventional Direc-
schemes, military exercise zones, ocean
tion of Buoyage, and a port hand mark
data acquisition systems, etc. Special
for the other channel. Beacons would
marks are colored solid yellow.
have triangular daymarks, while buoys
would be nun or pillar buoys. 62.32 Inland waters obstruction
(d) The above color schemes apply to mark.
IALA Region B. Marks located in the (a) On inland waters designated by
IALA Region A exhibit reversed color the Commandant as State waters in ac-
significance: port hand marks will be cordance with 66.055 of this chapter
red when following the Conventional and on non-navigable internal waters
Direction of Buoyage, and starboard of a State which have no defined head
hand marks will be green. The meaning of navigation, a buoy showing alter-
of daymark and buoy shapes is iden- nate vertical black and white stripes
tical in both regions. may be used to indicate to a vessel op-
(e) Certain marks on the Intracoastal erator that an obstruction to naviga-
Waterway may exhibit reversed lateral tion extends from the nearest shore to
significance. See 62.49. the buoy.
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as (b) The black and white buoys mean-
amended by CGD 88018, 54 FR 48608, Nov. 24, ing is do not pass between the buoy
1989] and the shore. The number of white
and black stripes is discretionary, pro-
62.27 Safe water marks. vided that the white stripes are twice
Safe water marks indicate that there the width of the black stripes. Prior to
is navigable water all around the mark. December 31, 2003, this aid shall not be
They are often used to indicate fair- used on a waterway which has a red
ways or midchannels, or the seaward and white striped obstruction marker
140
defined in 66.1015(e)(3) of this chap- 62.41 Ranges.

ter, unless all obstruction markers are
Ranges are aids to navigation sys-
replaced.
tems employing dual beacons which,
[CGD 97018, 63 FR 33573, June 19, 1998] when the structures appear to be in
line, assist the mariner in maintaining
62.33 Information and regulatory a safe course. The appropriate nautical
marks. chart must be consulted when using
(a) Information and Regulatory ranges to determine whether the range
Marks are used to alert the mariner to marks the centerline of the navigable
various warnings or regulatory mat- channel and also to ascertain what sec-
ters. These marks have orange geo- tion of the range may be safety tra-
metric shapes against a white back- versed. Ranges are generally, but not
ground. The meanings associated with always, lighted, and display rectan-
the orange shapes are as follows: gular daymarks of various colors.
(1) A vertical open-faced diamond sig-
[CGD 86031, 52 FR 42640, Nov. 6, 1987; CGD 86
nifies danger. 031, 52 FR 46351, Dec. 5, 1987]
(2) A vertical diamond shape having a
cross centered within indicates that 62.43 Numbers and letters.
vessels are excluded from the marked
(a) All solid red and solid green aids
area.
are numbered, with red aids bearing
(3) A circular shape indicates that
even numbers and green aids bearing
certain operating restrictions are in ef-
odd numbers. The numbers for each in-
fect within the marked area.
crease in the Conventional Direction of
(4) A square or rectangular shape will
Buoyage. Numbers are kept in approxi-
contain directions or instructions let-
mately sequence on both sides of the
tered within the shape.
channel by omitting numbers where
(b) When a buoy is used as an infor-
necessary.
mation or regulatory mark it shall be
white with two horizontal orange (b) Only sidemarks are numbered.
bands placed completely around the However, aids other than those men-
buoy circumference. One band shall be tioned above may be lettered to assist
near the top of the buoy body, with a in their identification, or to indicate
second band placed just above the wa- their purpose. Sidemarks may carry
terline of the buoy so that both bands letters in addition to numbers to iden-
are clearly visible. tify the first aid to navigation in a wa-
terway, or when new aids to navigation
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as are added to channels with previously
completed numerical sequences. Let-
1998]
ters on sidemarks will follow alphabet-
62.35 Mooring buoys. ical order from seaward and proceeding
toward the Conventional Direction of
Mooring Buoys are white with a blue Buoyage and will be added to numbers
horizontal band. This distinctive color as suffixes.
scheme is recommended to facilitate
(c) Aids to navigation may be fitted
identification and to avoid confusion
with light-reflecting material to in-
with aids to navigation.
crease their visibility in darkness. The
62.37 Lighthouses. colors of this material may convey the
same significance as the aid except
Lighthouses are prominent beacons that letters and numbers may be white.
of varying size, color, and appearance
(d) Exceptions to the provisions of
employed to mark headlands, landfalls,
this section will be found on the West-
harbor entrances, channel edges, haz-
ern Rivers System. See 62.51.
ards, and other features. While nor-
(e) The guidelines for the display of
mally identified by their distinctive
appearance, some lighthouses display numbers and letters on aids to naviga-
diamond shaped, checkered daymarks tion are identical for both Region A
to facilitate recognition. and Region B; red aids to navigation
141
62.45 33 CFR Ch. I (7112 Edition)
display even numbers, and green aids (3) Safe Water Marks display a white
display odd numbers. Morse Code A rhythm (short-long
[CGD 86031, 52 FR 42640, Nov. 6, 1987, as
flash).
amended by CGD 88018, 54 FR 48608, Nov. 24, (4) Isolated Danger Marks display a
1989] white group flashing two.
(5) Special Marks display yellow
62.45 Light characteristics. lights with fixed or slow flashing
(a) Lights on aids to navigation are rhythm preferred.
differentiated by color and rhythm. (6) Mooring Buoys and Information
Lighthouses and range lights may dis- and Regulatory Marks display white
play distinctive light characteristics to lights of various rhythms.
facilitate recognition. No special sig- (7) For situations where lights re-
nificance should be attached to the quire a distinct cautionary signifi-
color or rhythm of such lights. Other cance, as at sharp turns, sudden chan-
lighted aids to navigation employ light nel constrictions, wrecks, or obstruc-
characteristics to convey additional in- tions, a quick flashing light rhythm (60
formation. flashes per minute) may be used.
(b) When proceeding in the Conven- (e) Occasionally lights use sectors to
tional Direction of Buoyage, aids to mark shoals or warn mariners of other
navigation, if lighted, display light dangers. Lights so equipped show one
characteristics as follows: color from most directions and a dif-
(1) Green lights mark port (left) sides ferent color or colors over definite arcs
of channels and locations of wrecks or of the horizon as indicated on the ap-
obstructions which are to be passed by propriate nautical chart. These sectors
keeping these lights on the port (left) provide approximate bearing informa-
hand of a vessel. Green lights are also tion since the observer should note a
used on Preferred Channel Marks change of color as the boundary be-
where the topmost band is green. tween the sectors is crossed. As sector
(2) Red lights mark starboard (right) bearings are not precise, they should be
sides of channels and locations of considered a warning only and not used
wrecks or obstructions which are to be to determine exact bearing to the
passed by keeping these lights on the light.
starboard (right) hand of a vessel. Red (f) Aids to navigation may be fitted
lights are also used on Preferred Chan- with light-reflecting material to in-
nel Marks where the topmost band is crease their visibility in darkness.
red. Green or red reflective material is used
(3) Certain lights marking the Intra- only on marks which, if lighted, would
coastal Waterway may display reversed exhibit a light of that color. Yellow re-
lateral significance. See 62.49. flective material is used on special
(c) Yellow lights have no lateral sig- marks and on Intracoastal Waterway
nificance. Except on the Western Riv- marks. No significance is attached to
ers, see 62.51, white lights have no lat- white reflective material.
eral significance. The purpose of aids [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
exhibiting white or yellow lights may amended by CGD 88018, 54 FR 48608, Nov. 24,
be determined by their shape, color, 1989; CGD 97018, 63 FR 33573, June 19, 1998]
letters or numbers, and the light
rhythm employed. 62.47 Sound signals.
(d) Light rhythms, except as noted in (a) Often sound signals are located on
62.51 for the Western Rivers, are em- or adjacent to aids to navigation. When
ployed as follows: visual signals are obscured, sound sig-
(1) Aids with lateral significance dis- nals warn mariners of the proximity of
play regularly flashing or regularly danger.
occulting light rhythms. Ordinarily, (1) Sound signals are distinguished by
flashing lights (frequency not exceed- their tone and phase characteristics.
ing 30 flashes per minute) will be used. (i) Tones are determined by the de-
(2) Preferred Channel Marks display a vices producing the sound (i.e.,
composite group flashing light rhythm diaphones, diaphragm horns, reed
(groups of two flashes followed by one horns, sirens, whistles, bells and
flash). gongs).
142
(ii) Phase characteristics are defined terway in a southerly direction on the

by the signals sound pattern, i.e., the Atlantic Coast, in a westerly direction
number of blasts and silent periods per on the Okeechobee Waterway, or in a
minute and their durations. Sound sig- westerly direction along the Gulf
nals emanating from fixed structures Coast.
generally produce a specific number of [CGD 86031, 52 FR 42640, Nov. 6, 1987; CGD 86
blasts and silent periods each minute 031, 52 FR 46351, Dec. 5, 1987]
when operating. Buoy sound signals are
generally actuated by the motion of 62.51 Western Rivers Marking Sys-
the sea and therefore do not emit a reg- tem.
ular signal characteristic. (a) A variation of the standard U.S.
(2) Where no live watch is main- aids to navigation system described
tained, sound signals are normally op- above is employed on the Mississippi
erated continuously. However, some River and tributaries above Baton
are equipped with fog detectors which Rouge, LA and on certain other rivers
activate sound signals when visibility which flow toward the Gulf of Mexico.
falls below a predetermined limit. (b) The Western Rivers System varies
(b) Mariners should not rely solely on from the standard U.S. system as fol-
sound signals to determine their posi- lows:
tions for the following reasons: (1) Buoys are not numbered.
(1) Distance cannot be accurately de- (2) Numbers on beacons do not have
termined by sound intensity. odd/even lateral significance but, rath-
(2) Occasionally sound signals may er, indicate mileage from a fixed point
not be heard in areas close to their lo- (normally the river mouth).
cation. (3) Diamond-shaped non-lateral
(3) Signals may not sound in cases dayboards, checkered red-and-white or
where fog exists close to, but not at, green-and-white, similar to those used
the location of the sound signal. in the U.S. Aids to Navigation System,
(4) As buoy signals are generally acti- as appropriate, are used as crossing
vated by sea motion, they may produce dayboards where the river channel
no signals when seas are calm. crosses from one bank to the other.
(5) As previously noted, buoy posi- (4) Lights on green buoys and on bea-
tions are not always reliable. Therefore cons with green daymarks show a sin-
their sound signals cannot be assumed gle flash which may be green or white.
to be emanating from a fixed position. (5) Lights on red buoys and on bea-
cons with red daymarks show a double
62.49 Intracoastal Waterway identi- flash [Group Flashing (2)] which may
fication. be red or white.
(a) In addition to the conventional (6) Isolated danger marks are not
signals, aids to navigation marking the used.
Intracoastal Waterway exhibit unique [CGD 86031, 52 FR 42640, Nov. 6, 1987, as
yellow symbols to distinguish them amended by CGD94091, 61 FR 27782, June 3,
from aids marking other waters. 1996; USCG20019286, 66 FR 33640, June 25,
(1) Yellow triangles indicate that 2001]
aids to navigation so marked should be
passed keeping them on the starboard 62.53 Racons.
(right) hand of a vessel, regardless of (a) Aids to navigation may be en-
the aids number, color, or light color. hanced by the use of radar beacons
(2) Yellow squares indicate that aids (racons). Racons, when triggered by a
to navigation so marked should be radar signal, will transmit a coded
passed keeping them on the port (left) reply to the interrogating radar. This
hand of a vessel, regardless of the aids reply serves to identify the aid station
number, color, or light color. by exhibiting a series of dots and
(3) A horizontal yellow band provides dashes which appear on the radar dis-
no lateral information, but simply play in a line emanating radially from
identifies aids to navigation as mark- just beyond the echo of the aid station.
ing the Intracoastal Waterway. Although racons may be used on both
(b) The above guidelines apply for laterally significant and non-laterally
vessels traversing the Intracoastal Wa- significant aids alike, the racon signal
143
62.54 33 CFR Ch. I (7112 Edition)
itself is for identification purposes it is not possible to maintain every aid

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

as to require expeditious, affirmative
64.31 Determination of hazard to naviga-
tion.
action such as marking, removal, or re-
64.33 Marking by the Coast Guard. definition of a designated waterway to
provide for navigational safety.
AUTHORITY: 14 U.S.C. 633; 33 U.S.C. 409, 1231;
High seas means those waters de-
42 U.S.C. 9118; 43 U.S.C. 1333; Department of
Homeland Security Delegation No. 0170.1. scribed in 2.32(c) of this chapter.
Markings means the lights and other
SOURCE: CGD 78156, 48 FR 11267, Mar. 17,
signals placed on or near structures,
sunken vessels, and other obstructions
for the protection of navigation.
Subpart AGeneral Navigable waters of the United States
means those waters described in
SOURCE: CGD 78156, 48 FR 11267, Mar. 17, 2.36(a) of this chapter, specifically in-
1983, unless otherwise noted. Redesignated cluding the waters described in
by CGD 91031, 57 FR 43402, Sept. 21, 1992. 2.22(a)(2) of this chapter.
64.01 Purpose. Obstruction means anything that re-
stricts, endangers, or interferes with
This part prescribes rules relating to navigation.
the marking of structures, sunken ves- Structures means any fixed or floating
sels and other obstructions for the pro- obstruction, intentionally placed in the
tection of maritime navigation. water, which may interfere with or re-
64.03 Scope. strict marine navigation.
(a) Except as provided in paragraph [CGD 78156, 48 FR 11267, Mar. 17, 1983. Redes-
(b) of this section these rules apply to: ignated and amended by CGD 91031, 57 FR
(1) Structures located in or over wa- 43402, Sept. 21, 1992; USCG20019044, 68 FR
42601, July 18, 2003; USCG200727887, 72 FR
ters subject to the jurisdiction of the 45902, Aug. 16, 2007]
United States and, on the high seas,
structures owned or operated by per-
sons subject to the jurisdiction of the Subpart BSunken Vessels and
United States; Other Obstructions
(2) Sunken vessels in the navigable
waters or waters above the continental SOURCE: CGD 78156, 48 FR 11267, Mar. 17,
shelf of the United States; and 1983, unless otherwise noted. Redesignated
(3) Other obstructions existing on or by CGD 91031, 57 FR 43402, Sept. 21, 1992.
in the navigable waters or waters
above the continental shelf of the 64.11 Marking and notification re-
United States. quirements.
(b) The following obstructions are ex- (a) The owner of a vessel, raft, or
empt from the requirements of this other craft wrecked and sunk in a navi-
part: gable channel shall mark it imme-
(1) Dredging pipelines subject to Sub- diately with a buoy or daymark during
chapter D of this chapter; the day and with a light at night. The
(2) Bridges subject to Subchapter J of owner of a sunken vessel, raft, or other
this chapter; obstruction that otherwise constitutes
(3) Vessels subject to the Inter- a hazard to navigation shall mark it in
national Regulations for preventing accordance with this subchapter.
Collisions at Sea, 1972 (1972 COLREGS) (b) Owners of vessels sunk in waters
or the Inland Navigation Rules; subject to the jurisdiction of the
(4) Deepwater port facilities subject United States or sunk on the high seas,
to subchapter NN of this chapter; and if the owner is subject to the jurisdic-
(5) Artificial islands and structures tion of the United States, shall
subject to Part 67 of this subchapter. promptly report to the District Com-
mander, in whose jurisdiction the ob-
64.06 Definition of terms. struction is located, the action they
As used in this part: are taking to mark the sunken vessel,
Hazard to navigation means an ob- giving the following information (in
struction, usually sunken, that pre- addition to the information required by
145
64.13 33 CFR Ch. I (7112 Edition)
46 CFR 4.05, Notice of Marine Casualty Subpart CStructures

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

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

NAVIGATION (a) No person, public body, or instru-
mentality not under the control of the
Subpart 66.01Aids to Navigation Other Commandant, exclusive of the Armed
Than Federal or State Forces, will establish and maintain,
Sec. discontinue, change or transfer owner-
66.011 Basic provisions. ship of any aid to maritime navigation,
66.013 Delegation of authority to District without first obtaining permission to
Commanders. do so from the Commandant.
66.015 Application procedure. (b) For the purposes of this subpart,
66.0110 Characteristics. the term private aids to navigation in-
66.0111 Lights.
cludes all marine aids to navigation
66.0112 May I continue to use the private
aid to navigation I am currently using? operated in the navigable waters of the
66.0113 When must my newly manufactured United States other than those oper-
equipment comply with these rules? ated by the Federal Government (part
66.0114 Label affixed by manufacturer. 62 of this subchapter) or those operated
147
66.013 33 CFR Ch. I (7112 Edition)
in State waters for private aids to (a) The proposed position of the aid
navigation (subpart 66.05). to navigation by two or more hori-
(c) Coast Guard authorization of a zontal angles, bearings and distance
private aid to navigation does not au- from charted landmarks, or the lati-
thorize any invasion of private rights, tude and longitude as determined by
nor grant any exclusive privileges, nor GPS or differential GPS. Attach a sec-
does it obviate the necessity of com- tion of chart or sketch showing the
plying with any other Federal, State or proposed position.
local laws or regulations. (b) The name and address of the per-
(d) With the exception of radar bea- son at whose expense the aid will be
cons (racons) and shore based radar maintained.
stations, operation of electronic aids to (c) The name and address of the per-
navigation as private aids will not be son who will maintain the aid to navi-
authorized. gation.
(d) The time and dates during which
[CGFR 68152, 33 FR 19816, Dec. 27, 1968, as
it is proposed to operate the aid.
1986; USCG20090416, 74 FR 27437, June 10, (e) The necessity for the aid.
2009; USCG20120306, 77 FR 37312, June 21, (f) For lights: The color, char-
2012] acteristic, range, effective intensity,
height above water, and description of
66.013 Delegation of authority to illuminating apparatus. Attach a copy
District Commanders. of the manufacturers data sheet to the
(a) Under Section 888 of Pub. L. 107 application.
296, 116 Stat. 2135, the Commandant (g) For sound signals: Type (whistle,
delegates to the District Commanders horn, bell, etc.) and characteristic.
within the confines of their respective (h) For buoys or daybeacons: Shape,
districts (see Part 3 of this chapter for color, number, or letter, depth of water
descriptions) the authority to grant in which located or height above water.
permission to establish and maintain, (i) For racons: Manufacturer and
discontinue, change or transfer owner- model number of racon, height above
ship of private aids to maritime navi- water of desired installation, and re-
gation, and otherwise administer the quested coding characteristic. Equip-
requirements of this subpart. ment must have FCC authorization.
(b) The decisions of the District Com- [CGFR 68152, 33 FR 19816, Dec. 27, 1968, as
mander may be appealed within 30 days amended by CGD 85057, 51 FR 11448, Apr. 3,
from the date of decision. The decision 1986; USCG20007466, 68 FR 68238, Dec. 8, 2003;
of the Commandant in any case is USCG20007466, 69 FR 12541, Mar. 17, 2004;
final. USCG200110714, 69 FR 24982, May 5, 2004;
USCG20080179, 73 FR 35002, June 19, 2008;
[CGFR 68152, 33 FR 19816, Dec. 27, 1968, as USCG20120306, 77 FR 37312, June 21, 2012]
June 30, 1998; USCG200314505, 68 FR 9535, 66.0110 Characteristics.
Feb. 28, 2003]
The characteristics of a private aid
66.015 Application procedure. to navigation must conform to those
prescribed by the United States Aids to
To establish and maintain, dis- Navigation System set forth in subpart
continue, change, or transfer owner- B of part 62 of this subchapter.
ship of a private aid to navigation, you
must apply to the Commander of the [USCG20007466, 68 FR 68238, Dec. 8, 2003]
Coast Guard District in which the aid
is or will be located. You can find ap- 66.0111 Lights.
plication form CG2554 at http:// (a) Except for range and sector
www.uscg.mil/forms/ lights, each light approved as a private
formlpublicluse.asp. You must com- aid to navigation must:
plete all parts of the form applicable to (1) Have at least the effective inten-
the aid concerned, and must forward sity required by this subpart
the application to the District Com- omnidirectionally in the horizontal
mander. You must include the fol- plane, except at the seams of its lens-
lowing information: mold.
148
(2) Have at least 50% of the effective (6) Have a recommended interval for
intensity required by this subpart replacement of the source of light that
within 2 of the horizontal plane. ensures that the lantern meets the
(3) Have a minimum effective inten- minimal required intensity stated in
sity of at least 1 candela for a range of paragraph (a)(3) of this section in case
1 nautical mile, 3 candelas for one of 2 of degradation of either the source of
nautical miles, 10 candelas for one of 3 light or the lens.
nautical miles, and 54 candelas for one (7) Have autonomy of at least 10 days
of 5 nautical miles. The District Com- if the light has a self-contained power
mander may change the requirements system. Power production for the pro-
for minimum intensity to account for spective position should exceed the
local environmental conditions. For a load during the worst average month of
flashing light this intensity is deter- insolation. The literature concerning
mined by the following formula: the light must clearly state the oper-
ating limits and service intervals. Low-
Ie=G/(0.2+t2t1)
voltage disconnects used to protect the
Where: battery must operate so as to prevent
Ie = Effective intensity sporadic operation at night.
G = The integral of the instantaneous inten- (b) The manufacturer of each light
sity of the flashed light with respect to approved as a private aid to navigation
time must certify compliance by means of
t1 = Time in seconds at the beginning of the an indelible plate or label affixed to
flash the aid that meets the requirements of
t2 = Time in seconds at the end of the flash
66.0114.
t2t1 is greater than or equal to 0.2 seconds.
[USCG20007466, 68 FR 68238, Dec. 8, 2003]
(4) Unless the light is a prefocused
lantern, have a means of verifying that 66.0112 May I continue to use the
the source of the light is at the focal private aid to navigation I am cur-
point of the lens. rently using?
(5) Emit a color within the angle of If, after March 8, 2004, you modify,
50% effective intensity with color co- replace, or install any light that re-
ordinates lying within the boundaries quires a new application as described in
defined by the corner coordinates in 66.015, you must comply with the
Table 66.0111(5) of this part when plot- rules in this part.
ted on the Standard Observer Diagram
of the International Commission on Il- [USCG20007466, 68 FR 68239, Dec. 8, 2003]
lumination (CIE).
66.0113 When must my newly manu-
TABLE 66.0111(5)COORDINATES OF factured equipment comply with
these rules?
CHROMATICITY
After March 8, 2004, equipment manu-
Coordinates of factured for use as a private aid to
chromaticity
Color navigation must comply with the rules
x axis y axis in this part.
White ..................................................... 0.500 0.382 [USCG20007466, 68 FR 68239, Dec. 8, 2003]
0.440 0.382
0.285 0.264 66.0114 Label affixed by manufac-
0.285 0.332
0.453 0.440
turer.
0.500 0.440 (a) Each light, intended or used as a
Green ..................................................... 0.305 0.689 private aid to navigation authorized by
0.321 0.494
0.228 0.351 this part, must bear a legible, indelible
0.028 0.385 label (or labels) affixed by the manu-
Red ........................................................ 0.735 0.265 facturer and containing the following
0.721 0.259 information:
0.645 0.335
0.665 0.335 (1) Name of the manufacturer.
Yellow .................................................... 0.618 0.382 (2) Model number.
0.612 0.382 (3) Serial number.
0.555 0.435 (4) Words to this effect: This equip-
0.560 0.440
ment complies with requirements of
149
66.0115 33 CFR Ch. I (7112 Edition)
the U.S. Coast Guard in 33 CFR part navigation required by statute or regu-
66. lation (Class I, 66.0115) without first
(b) This label must last the service obtaining permission to do so from the
life of the equipment. District Commander.
(c) The manufacturer must provide (b) Any authorized private aid to
the purchaser a data sheet containing navigation not required by statute or
the following information: regulation (Classes II and III, 66.0115)
(1) Recommended service life based may be discontinued and removed by
on the degradation of either the source the owner after 30 days notice to the
of light or the lamp. District Commander to whom the
(2) Range in nautical miles. original request for authorization for
(3) Effective intensity in candela. establishment of the aid was sub-
(4) Size of lamp (incandescent only). mitted.
(5) Interval, in days or years, for re- (c) Private aids to navigation which
placement of dry-cell or rechargeable have been authorized pursuant to this
battery. part shall be discontinued and removed
without expense to the United States
[USCG20007466, 68 FR 68239, Dec. 8, 2003] by the person, public body or instru-
mentality establishing or maintaining
66.0115 Action by Coast Guard. such aids when so directed by the Dis-
(a) The District Commander receiv- trict Commander.
ing the application will review it for
completeness and will assign the aid 66.0130 Corps of Engineers ap-
one of the following classifications: proval.
Class I: Aids to navigation on marine (a) Before any private aid to naviga-
structures or other works which the tion consisting of a fixed structure is
owners are legally obligated to estab- placed in the navigable waters of the
lish, maintain and operate as pre- United States, authorization to erect
scribed by the Coast Guard. such structure shall first be obtained
Class II: Aids to navigation exclusive from the District Engineer, U.S. Army
of Class I located in waters used by Corps of Engineers in whose district
general navigation. the aid will be located.
Class III: Aids to navigation exclu- (b) The application to establish any
sive of Class I located in waters not or- private aid to navigation consisting of
dinarily used by general navigation. a fixed structure shall show evidence of
(b) Upon approval by the District the required permit having been issued
Commander, a signed copy of the appli- by the Corps of Engineers.
cation will be returned to the appli-
cant. Approval for the operation of 66.0140 Exemptions.
radar beacons (racons) will be effective (a) Nothing in the preceding sections
for an initial two year period, then sub- of this subpart shall be construed to
ject to annual review without further interfere with or nullify the require-
submission required of the owner. ments of existing laws and regulations
pertaining to the marking of struc-
[CGFR 68152, 33 FR 19816, Dec. 27, 1968, as
tures, vessels and other obstructions
1986] sunken in waters subject to the juris-
diction of the United States (Part 64 of
66.0120 Inspection. this subchapter), the marking of artifi-
All classes of private aids to naviga- cial islands and structures which are
tion shall be maintained in proper op- erected on or over the seabed and sub-
erating condition. They are subject to soil of the Outer Continental Shelf
inspection by the Coast Guard at any (Part 67 of this subchapter), or the
time and without prior notice. lighting of bridges over navigable wa-
ters of the United States (Subchapter J
66.0125 Discontinuance and re- of this subchapter).
moval. (b) Persons marking bridges pursuant
(a) No person, public body or instru- to Subchapter J of this title are ex-
mentality shall change, move or dis- empted from the provisions of 66.015.
continue any authorized private aid to [CGD 78156, 48 FR 11268, Mar. 17, 1983]
150
66.0145 Penalties. of the aid, the former owner shall be

required to remove the aid without ex-
Any person, public body or instru-
pense to the United States. This re-
mentality, excluding the armed forces,
quirement shall not apply in the case
who shall establish, erect or maintain
of any authorized private aid to navi-
any aid to maritime navigation with-
gation required by statute or regula-
out first obtaining authority to do so
tion (Class I, 66.0115) which shall be
from the Coast Guard, with the excep-
maintained by the new owner until the
tion of those established in accordance
conditions which made the aid nec-
with 64.11 of this chapter, or who shall
essary have been eliminated.
violate the regulations relative thereto
issued in this part, is subject to the
provisions of 14 U.S.C. 83. Subpart 66.05State Aids to
Navigation
[CGD 78156, 48 FR 11268, Mar. 17, 1983, as
June 19, 2008] SOURCE: CGFR 6632, 31 FR 10320, July 30,
66.0150 Protection of private aids to
navigation. 66.051 Purpose.
Private aids to navigation lawfully The purpose of the regulations in this
maintained under these regulations are subpart is to prescribe the conditions
entitled to the same protection against under which state governments may
interference or obstruction as is af- regulate aids to navigation owned by
forded by law to Coast Guard aids to state or local governments, or private
navigation (Part 70 of this subchapter). parties. With the exception on the pro-
If interference or obstruction occurs, a visions of subpart 66.10, which are valid
prompt report containing all the evi- until December 31, 2003, aids to naviga-
dence available should be made to the tion must be in accordance with the
Commander of the Coast Guard Dis- United States Aids to Navigation Sys-
trict in which the aids are located. tem in part 62 of this subchapter.
[CGD 97018, 63 FR 33573, June 19, 1998]
66.0155 Transfer of ownership.
(a) When any private aid to naviga- 66.055 Definitions.
tion authorized by the District Com- (a) The term State waters for private
mander, or the essential real estate or aids to navigation means those navi-
facility with which the aid is associ- gable waters of the United States
ated, is sold or transferred, both par- which the Commandant, upon request
ties to the transaction shall submit ap- of a State Administrator, has des-
plication ( 66.015) to the Commander ignated as waters within which a State
of the Coast Guard District in which government may regulate the estab-
the aid is located requesting authority lishment, operation, and maintenance
to transfer responsibility for mainte- of marine aids to navigation, including
nance of the aid. regulatory markers. The Commandant
(b) The party relinquishing responsi- will entertain requests to make such
bility for maintenance of the private designations with respect to navigable
aid to navigation shall indicate on the waters of the United States not
application form (CG2554) both the marked by the Federal government.
discontinuance and the change of own- These designations when approved will
ership of the aid sold or transferred. be set forth in separate sections by
(c) The party accepting responsibility States in this subpart and will briefly
for maintenance of the private aid to describe or identify waters so des-
navigation shall indicate on the appli- ignated.
cation form (CG2554) both the estab- (b) The term Uniform State Water-
lishment and the change of ownership way Marking System (USWMS) means
of the aid sold or transferred. the system of private aids to naviga-
(d) In the event the new owner of the tion which may be operated in State
essential real estate or facility with waters. Subpart 66.10, which describes
which the aid is associated refuses to the USWMS, expires on December 31,
accept responsibility for maintenance 2003.
151
66.0510 33 CFR Ch. I (7112 Edition)
(c) The term State Administrator quest with recommendations and a

means the official of a State having statement of the points agreed upon
power under the law of the State to and the points remaining at issue.
regulate, establish, operate or main- (d) Upon receipt of the request, the
tain maritime aids to navigation on Commandant will determine whether
waters over which the State has juris- or not approval of the request is in the
diction. public interest and will inform the
(d) The term State aids to navigation State Administrator and the District
means all private marine aids to navi- Commander of the Coast Guards deci-
gation operated in State waters for pri- sion. If the request is approved, the
vate aids to navigation, whether owned designation by the Commandant of the
by a State, political subdivisions there- waters in question as State waters for
of or by individuals, corporations, or private aids to navigation will be also
organizations. defined and described in this subpart.
(e) The term regulate State maritime (e) The Commandant may, upon his
aids to navigation means to control the or her own initiative or upon request,
establishment, disestablishment, oper- revoke or revise any designations of
ation and maintenance of State aids to State waters for private aids to naviga-
navigation. tion previously made by him or her.
Written notice shall be given the State
[CGFR 6632, 31 FR 10320, July 30, 1966, as
Administrator of the action con-
1998] templated by the Commandant. The
State Administrator will be afforded a
66.0510 State waters for private aids period of not less than 30 days from the
to navigation; designations; revi- date of the notice in which to inform
sions, and revocations. the Commandant of the States views
(a) A State Administrator who de- in the matter before final action is
sires to regulate State maritime aids completed to revoke or revise such des-
to navigation in the navigable waters ignation.
of the United States not marked by the [CGFR 6632, 31 FR 10320, July 30, 1966, as
Federal Government, shall request the amended by USCG200110714, 69 FR 24982,
Commandant to designate the specific May 5, 2004]
bodies of water involved as State wa-
ters for private aids to navigation. 66.0520 Coast Guard-State agree-
(b) The request shall be forwarded to ments.
the District Commander in whose dis- (a) The District Commander in whose
trict the bodies of water are located. District a waterway is located may
The request shall give the name and enter into agreements with State Ad-
description of the waterway; the extent ministrators permitting a State to reg-
of use being made of the waterway for ulate aids to navigation, including reg-
marine navigation, in general terms; ulatory markers, in State waters for
an appropriate chart or sketch of the private aids to navigation, as, in the
area; and a general outline of the na- opinion of the District Commander, the
ture and extent of the State aids to State is able to do in a manner to im-
navigation which the Administrator prove the safety of navigation. When a
plans to establish in the waterway. waterway is located within the area of
(c) The District Commander shall re- jurisdiction of more than one Coast
view the request and consult with the Guard District, the District Com-
State Administrator concerning the mander in whose District the State
terms of an initial agreement to be en- capital is located shall execute the
tered into under provisions of 66.0520. agreement in behalf of the Coast
When they have arrived at terms of an Guard. All such agreements shall re-
agreement satisfactory to both, the serve to the District Commander the
District Commander shall forward the right to inspect the State aids to navi-
request to the Commandant with rec- gation without prior notice to the
ommendations and the terms of agree- State. They shall stipulate that State
ment mutually settled upon. If they aids to navigation will conform to the
cannot reach such agreement, the Dis- Uniform State Waterway marking Sys-
trict Commander shall forward the re- tem or to the U.S. Aids to Navigation
152
System and that the State Adminis- aids to navigation, he or she must in-
trator will modify or remove State aids form the District Commander of the
to navigation without expense to the nature and extent of the changes, as
United States when so directed by the soon as possible, but not less than 30
District Commander, subject to the days in advance of making the changes.
right of appeal on the part of the State [USCG200110714, 69 FR 24982, May 5, 2004]
Administrator to the Commandant.
(b) A Coast Guard-State agreement 66.0530 Notice to Mariners.
shall become effective when both par-
(a) To improve public safety, the Dis-
ties have signed the agreements. In
trict Commander may publish informa-
lieu of the procedure prescribed in
tion concerning State aids to naviga-
66.015, the agreement shall constitute
tion, including regulatory markers, in
blanket approval by the Commandant, the Coast Guard Local Notices to Mari-
of the State aids to navigation, includ- ners.
ing regulatory markers, established or (b) Notices to Mariners which con-
to be established in State waters for cern the establishment, disestablish-
private aids to navigation designated ment, or change of State aids to navi-
or to be designated by the Com- gation, including regulatory markers,
mandant. may be published whenever the aids to
(c) In addition to the matters set navigation concerned are covered by
forth in paragraph (a) of this section, navigational charts or maps issued by
Coast Guard-State agreements shall the National Ocean Service or the U.S.
cover the following points, together Army Corps of Engineers.
with such other matters as the parties
find it desirable to include: [CGFR 6632, 31 FR 10320, July 30, 1966, as
(1) A description, in sufficient detail amended by USCG20007223, 65 FR 40055,
June 29, 2000; USCG20019286, 66 FR 33640,
for publication in Notices to Mariners, June 25, 2001; USCG200110714, 69 FR 24982,
of all aids to navigations under State May 5, 2004]
jurisdiction in navigable waters of the
United States in existence prior to the 66.0535 Private aids to navigation
effective date of the agreement which other than State owned.
have not been previously approved (a) No person, public body or other
under procedures of 66.015. instrumentality not under control of
(2) Procedures for use by the State the Commandant or the State Adminis-
administrator to notify the District trator, exclusive of the Armed Forces
Commander of changes made in State of the United States, shall establish,
aids to navigation, as required by erect or maintain in State waters for
66.0525. private aids to navigation any aid to
(3) If prior to December 21, 2003, spec- navigation without first obtaining per-
ification of the marking system to be mission to do so from the State Admin-
used, whether the U.S. Aids to Naviga- istrator. Discontinuance of any State
tion System or the Uniform State Wa- aids to navigation may be effected by
terway Marking System. order of the State Administrator.
(4) Specification of standards as to
minimum size and shape of markers, 66.0540 Corps of Engineers ap-
the use of identifying letters, the use of proval.
reflectors or retroreflective materials, (a) In each instance where a regu-
and any other similar standards so as latory marker is to be established in
to enable Coast Guard inspectors to de- navigable waters of the United States
termine compliance with Statewide which have been designated by the
standards. Commandant as State waters for pri-
[CGD 86031, 52 FR 42645, Nov. 6, 1987, as vate aids to navigation, the State Ad-
amended by CGD 97018, 63 FR 33573, June 19, ministrator is responsible for obtaining
1998] prior permission from the District En-
gineer, U.S. Army Corps of Engineers
66.0525 Change and modification of concerned, authorizing the State to
State aids to navigation. regulate the water area involved, or a
Wherever a State Administrator de- statement that there is no objection to
termines the need for change in State the proposed regulation of the water
153
66.05100 33 CFR Ch. I (7112 Edition)
area. A copy of the Corps of Engineers (h) Virginia. (1) Claytor Lake, on the
permit or letter of authority shall be New River in Pulaski County.
provided by the Administrator to the (2) Leesville Lake, on the Roanoke
District Commander upon request. River below Smith Mountain Dam.
(b) Similarly, where an aid to naviga- (3) The portions of the following res-
tion is to be placed on a fixed structure ervoirs within the State:
or a mooring buoy is to be established (i) Gaston.
in State waters for private aids to (ii) Holston.
navigation, the State Administrator
(iii) John H. Kerr.
shall assure that prior permission or a
statement of no objection to the struc- (iv) Philpott.
tures or mooring buoys proposed is ob- (i) Wisconsin. Navigable waters with-
tained from the District Engineer con- in the State not marked with Coast
cerned. A copy of the permit or letter Guard aids to navigation as of May 1,
is not required by the District Com- 1996.
mander. [CGD 72154R, 38 FR 33473, Dec. 5, 1973, as
amended by CGD 76015, 41 FR 12879, Mar. 29,
66.05100 Designation of navigable 1976; CGD 80132, 46 FR 27643, May 21, 1981;
waters as State waters for private CGD 983604, 63 FR 55947, Oct. 20, 1998; USCG
aids to navigation.
200110714, 69 FR 24982, May 5, 2004]
In accordance with the procedures
contained in 66.0510(d), the following Subpart 66.10Uniform State
navigable waters listed by the State in
which they are located, are designated
Waterway Marking System
as State waters for private aids to 66.101 General.
navigation:
(a) Arizona. The portion of Lake (a) The Uniform State Waterway
Havasu within the State, except that Marking Systems (USWMS) aids to
portion within Havasu Lake National navigation provisions for marking
Wildlife Refuge. channels and obstructions (see 66.10
(b) Louisiana. The portion of Toledo 15) may be used in those navigable wa-
Bend Reservoir within the State. ters of the U.S. that have been des-
(c) Missouri. Teach water within the ignated as state waters for private aids
State except the: to navigation and in those internal wa-
(1) Mississippi River; and ters that are non-navigable waters of
(2) Missouri River. the U.S. All other provisions for the
(d) Montana. The portion of Missouri use of regulatory markers and other
River between the U.S. Highway 287 aids to navigation must be in accord-
bridge near Townsend and Great Falls ance with United States Aid to Naviga-
including the following impoundments: tion System, described in part 62 of
(1) Black Eagle Dam Reservoir. this subchapter.
(2) Canyon Ferry Reservoir. (b) Until December 31, 2003, the Uni-
(3) Hauser Lake. form State Waterway Marking Sys-
(4) Holter Lake. tems (USWMS) aids to navigation pro-
(5) Rainbow Dam Reservoir. visions for marking channels and ob-
(e) North Carolina. Navigable waters structions may be used in those navi-
within the State not marked with gable waters of the U.S. that have been
Coast Guard aids to navigation on June designated as state waters for private
1, 1973. aids to navigation and in those inter-
(f) Pennsylvania. The portion of nal waters that are non-navigable wa-
Youghiogheny River Reservoir within ters of the U.S. All other provisions for
the State. the use of regulatory markers and
(f1) South Carolina. (1) The portion of other aids to navigation shall be in ac-
Lake Wylie within the State; (2) Lake cordance with United States Aid to
Marion; (3) Lake Moultrie; and (4) Lake Navigation System, described in part
Murray. 62 of this subchapter.
(g) Texas. The portion of Toledo Bend
Reservoir within the State.
154
(c) The USATONS may be used in all (1) A white buoy with a red top may
U.S. waters under state jurisdiction, be used to indicate to a vessel operator
including non-navigable state waters. that the operator must pass to the
south or west of the buoy.
[CGD 97018, 63 FR 33574, June 19, 1998, as (2) A white buoy with a black top
June 21, 2012]
may be used to indicate to a vessel op-
erator that the operator must pass to
66.10566.1010 [Reserved] the north or east of the buoy.
(3) In addition, a buoy showing alter-
66.1015 Aids to navigation. nate vertical red and white stripes may
be used to indicate to a vessel operator
(a) USWMS aids to navigation may that an obstruction to navigation ex-
have lateral or cardinal meaning. tends from the nearest shore to the
(b) On a well defined channel includ- buoy and that the operator must not
ing a river or other relatively narrow pass between the buoy and shore. The
natural or improved waterway, an aid number of white and red stripes is dis-
to navigation shall normally be a solid cretionary, provided that the white
colored buoy. A buoy which marks the stripes are twice the width of the red
left side of the channel viewed looking stripes.
upstream or toward the head of naviga-
tion shall be colored all black. A buoy [CGFR 6632, 31 FR 10321, July 30, 1966, as
which marks the right side of the chan- 1998; USCG200110714, 69 FR 24982, May 5,
nel viewed looking upstream or toward 2004]
the head of navigation shall be colored
all red. On a well defined channel, solid 66.1035 Navigation lights.
colored buoys shall be established in A red light shall only be used on a
pairs, one on each side of the navigable solid colored red buoy. A green light
channel which they mark, and opposite shall only be used on a solid colored
each other to inform the user that the black or a solid colored green buoy.
channel lies between the buoys and White lights shall be used for all other
that the user should pass between the buoys. When a light is used on a car-
buoys. dinal system buoy or a vertically
(c) On an irregularly defined channel, striped white and red buoy, it shall al-
solid colored buoys may be used singly ways be quick flashing.
in staggered fashion on alternate sides
of the channel provided they are spaced [CGD 97018, 63 FR 33574, June 19, 1998]
at sufficiently close intervals to inform
the user that the channel lies between PART 67AIDS TO NAVIGATION
the buoys and that the user should pass ON ARTIFICIAL ISLANDS AND
between the buoys. FIXED STRUCTURES
(d) Where there is no well-defined
channel or when a body of water is ob- Subpart 67.01General Requirements
structed by objects whose nature or lo-
Sec.
cation is such that the obstruction can 67.011 Scope.
be approached by a vessel from more 67.015 Definitions.
than one direction, supplemental aids 67.0110 Delegation of functions.
to navigation having cardinal meaning 67.0115 Classification of structures.
(i.e., pertaining to the cardinal points 67.0120 Prescribing lines of demarcation.
of the compass, north, east, south, and 67.0130 Equivalents.
west) may be used. The use of an aid to Subpart 67.05General Requirements for
navigation having cardinal meaning is Lights
discretionary provided that the use of
such a marker is limited to wholly 67.051 Arrangement of obstruction lights.
State owned waters and the State wa- 67.055 Multiple obstruction lights.
ters for private aids to navigation as 67.0510 Characteristics of obstruction
lights.
defined and described in this part.
67.0515 Operating periods of obstruction
(e) Aids to navigation conforming to lights.
the cardinal system shall consist of 67.0520 Minimum lighting requirements.
three distinctly colored buoys. 67.0525 Special lighting requirements.
155
67.011 33 CFR Ch. I (7112 Edition)
Subpart 67.10General Requirements for 67.5045 Thirteenth Coast Guard District.

Sound signals 67.5050 Seventeenth Coast Guard District.
67.101 Apparatus requirements. AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333;

67.105 Location requirements. Department of Homeland Security Delega-
67.1010 Operating requirements. tion No. 0170.1.
67.1015 Approval of sound signals. SOURCE: CGFR 5817, 23 FR 3377, May 20,
67.1020 Sound signal tests. 1958, unless otherwise noted.
67.1025 Application for tests.
67.1030 Withdrawal of approval. EDITORIAL NOTE: Nomenclature changes to
67.1035 Notice of approval and withdrawal part 67 appear at USCG200110714, 69 FR
of approval. 24983, 24984, May 5, 2004.
67.1040 Sound signals authorized for use
prior to January 1, 1973.
Subpart 67.01General
Subpart 67.15Miscellaneous Marking Requirements
Requirements
67.011 Scope.
67.151 Lights and signals on attendant ves-
sels. (a) The regulations in this part pre-
67.155 Seismographic and surveying oper- scribe the obstruction lights and sound
ations. signals to be operated as privately
67.1510 Spoil banks, artificial islands, and maintained maritime aids to naviga-
dredged channels. tion on the artificial islands and struc-
tures which are erected on or over the
Subpart 67.20Class A Requirements seabed and subsoil of the Outer Conti-
67.201 Class A structures. nental Shelf and in the waters under
67.205 Obstruction lights. the jurisdiction of the United States,
67.2010 Sound signal. for the purpose of exploring for, devel-
oping, removing and transporting re-
Subpart 67.25Class B Requirements sources therefrom.
67.251 Class B structures. (b) Subpart 66.01 in Part 66 of this
67.255 Obstruction lights. subchapter shall be applicable to all
67.2510 Sound signal. private aids to navigation erected on or
over the Outer Continental Shelf in the
Subpart 67.30Class C Requirements same manner and to the same extent as
67.301 Class C structures. they are applicable to private aids to
67.305 Obstruction lights. navigation established, erected, or
67.3010 Sound signals. maintained in the waters under the ju-
risdiction of the United States.
Subpart 67.35Applications
67.351 Procedure. 67.015 Definitions.
67.355 Contents of application. (a) Structures. The term structures
67.3510 Private aids to navigation. as used in this part shall include all
67.3515 To whom addressed.
fixed structures, temporary or perma-
Subpart 67.40Notification nent, for which a Corps of Engineers
permit is issued. It shall include, but is
67.401 Notification to District Commander. not necessarily limited to, all drilling
67.405 Waivers. platforms, Mobile Offshore Drilling
67.4010 Communication with owner. Units (MODUs) when attached to the
67.4015 Marking at owners expense.
bottom, production platforms, quarters
67.4020 Charges invoiced to owner.
67.4025 Penalty. platforms, pipe line riser platforms,
manifold platforms, loading platforms,
Subpart 67.50District Regulations boat landings, caissons, well protective
structures, tank battery barges sub-
67.501 Scope. merged on station, drilling barges sub-
67.505 First Coast Guard District.
merged on location, breakwater barges
67.5015 Fifth Coast Guard District.
67.5020 Seventh Coast Guard District. submerged on location, artificial is-
67.5025 Eighth Coast Guard District. lands and all other piles, pile clusters,
67.5030 Ninth Coast Guard District. pipes, or structures erected in the wa-
67.5035 Eleventh Coast Guard District. ters.
156
(b) Class A, B, or C structures. permit to establish and operate lights

The term Class A, B, or C structures and sound signals.
refers to the classification assigned to (b) In general, where will the different
structures erected in areas in which classes of structures be located? Specific
corresponding requirements for mark- criteria in paragraph (c) of this section
ing are prescribed. may create exceptions, but, in general,
(c) Line of demarcation. The term structures the farthest from shore are
line of demarcation means the divid- likely to be assigned to Class A and re-
ing line used administratively to dis- quired to have obstruction lights and
tinguish between the areas in which sound signals that can be detected
structures shall conform to Class A from the farthest distance. Structures
and Class B or C requirements. closest to shore are likely to be as-
(d) Outer Continental Shelf. The term signed to Class C and, while subject to
requirements to ensure that they are
Outer Continental Shelf means all
also detectable from a safe distance
submerged lands lying seaward and
away, will be required to have the least
outside the area of lands beneath navi-
powerful obstruction lights or sound
gable waters as defined in the Sub-
signals. The location and standards for
merged Lands Act (sec. 2, 67 Stat. 29, 43 Class B structures will generally be in
U. S. C. 1301), and of which the subsoil between Class A and C structures.
and seabed appertain to the United (c) What criteria will be used to classify
States and are subject to its jurisdic- structures? When assigning a structure
tion and control. to a class, the District Commander will
(e) Reliable operation. The term reli- take into consideration whether a line
able as used in this part shall mean of demarcation has been prescribed,
that dependability which will insure to and matters concerning, but not nec-
the highest degree reasonably possible essarily limited to, the dimensions of
the uninterrupted operation of lights the structure and the depth of water in
and sound signals as private aids to which it is located, the proximity of
navigation for safety of marine com- the structure to vessel routes, the na-
merce. ture and amount of vessel traffic, and
(f) Sound signal. The term sound sig- the effect of background lighting.
nal as used in this part shall mean the (1) If a line of demarcation has been
audible sound signal, authorized as a prescribed, the District Commander
private aid to navigation, to mark a will assign those structures seaward of
structure for the safety of marine com- the line of demarcation to Class A. He
merce whenever the visibility has been or she will assign all structures shore-
reduced by fog, mist, rain, falling snow, ward of the line of demarcation to ei-
smoke, dust, or other phenomena. ther Class B or Class C, unless the Dis-
trict Commander determines under
[CGFR 5817, 23 FR 3377, May 20, 1958, as
67.0525 that the structure should be
amended by CGFR 6318, 28 FR 4026, Apr. 14,
1963; USCG200110714, 69 FR 24983, May 5, assigned to Class A because of the
2004] structures proximity to a navigable
channel, fairway or line of demarca-
67.0110 Delegation of functions. tion.
(2) If a line of demarcation has not
The Coast Guard District Com- been prescribed, the District Com-
mander may delegate the authority for mander will assign a structure to Class
performing inspections, enforcement, A, B, or C as he or she deems appro-
and administration of regulations to priate.
any civilian or military position in the
Coast Guard. [USCG200110714, 69 FR 24983, May 5, 2004]
[USCG200110714, 69 FR 24983, May 5, 2004] 67.0120 Prescribing lines of demar-

cation.
67.0115 Classification of structures. The District Commander sends rec-
(a) When will structures be assigned to ommendations for establishing or
a Class? The District Commander will changing lines of demarcation to the
assign structures to Class A, B, or C as Commandant. For the purposes of this
part of processing an application for a part, when the Commandant approves
157
67.0130 33 CFR Ch. I (7112 Edition)
of additions to or changes in prescribed B or C structure marked by estab-

lines of demarcation, such additions or lished obstruction lights, but they
changes will be published in the FED- shall be marked with red or white
ERAL REGISTER and will become effec- retro-reflective material, installed as
tive on the date specified in that publi- prescribed by the District Commander.
cation. (f) All obstruction lights shall be in-
stalled in a manner which will permit
[USCG200110714, 69 FR 24983, May 5, 2004]
at least one of them to be carried in
67.0130 Equivalents. sight of the mariner, regardless of the
angle of approach, until the mariner is
The use of alternate equipment, ap- within 50 feet of the structure, visi-
paratus, or installation arrangements bility permitting.
specified in this part may be permitted
by the District Commander to such ex- [CGFR 5817, 23 FR 3377, May 20, 1958, as
tent and under such conditions as will
May 5, 2004]
result in achieving a degree of safety or
compliance with these regulations 67.055 Multiple obstruction lights.
equivalent to or above the minimum
When more than one obstruction
requirements set forth in this part.
light is required by this part to mark a
structure, all such lights shall be oper-
Subpart 67.05General ated to flash in unison.
Requirements for Lights
67.0510 Characteristics of obstruc-
67.051 Arrangement of obstruction tion lights.
lights. All obstruction lights required by
(a) Structures having a maximum this part shall be powered from a reli-
horizontal dimension of 30 feet or less able power source, including auxiliary
on any one side, or in diameter, shall power sources as necessary. They shall
be required to have one obstruction display a quick-flash characteristic of
light visible for 360. approximately 60 flashes per minute,
(b) Structures having a maximum unless prescribed otherwise in the per-
horizontal dimension of over 30 feet, mit issued by the District Commander.
but not in excess of 50 feet, on any one Their color shall be white when mark-
side, or in diameter, shall be required ing Class A and B structures, and
to have two obstruction lights in- either white or red, as prescribed by
stalled on diagonally opposite corners, the District Commander, when mark-
180 apart, or as prescribed by the Dis- ing Class C structures. In deter-
trict Commander, each light to have a mining whether white or red lights
360 lens. shall be authorized, the District Com-
(c) Structures having a horizontal di- mander shall take into consideration
mension of over 50 feet on any one side, matters concerning, but not nec-
or in diameter, shall be required to essarily limited to, the dimensions of
have an obstruction light on each cor- the structure and the depth of water in
ner, or 90 apart in the case of circular which it is located; the proximity of
structures, or as prescribed by the Dis- the structure to vessel routes; the na-
trict Commander, each light to have a ture and amount of vessel traffic; and
360 lens. the effect of background lighting.
(d) Where the overall dimensions of a
structure require the installation of 67.0515 Operating periods of ob-
two or more obstruction lights, the struction lights.
lights shall all be mounted on the same Obstruction lights shall be displayed
horizontal plane within the limitations at all times between the hours of sun-
of height specified in 67.205, 67.255, set and sunrise, local time, com-
or 67.305, as applicable. mencing at the time the construction
(e) Lesser structures and piles, pile of a structure is begun. During con-
clusters or flare templates, etc., will struction and until such time as a plat-
not normally be required to be marked form capable of supporting the obstruc-
by obstruction lights, when they are tion lights is completed, the fixed
located within 100 yards of a Class A, lights on an attending vessel shall be
158
used. In addition, when lights are in (c) Have the rated range required by
use for general illumination to facili- 67.2010, 67.2510, or 67.3010;
tate the construction or operation of a (d) Have a height not exceeding 25
structure, and can be seen from any feet;
angle of approach at a distance equal (e) Have not more than eight sound
to that prescribed for the obstruction sources;
lights for the class of structure, the ac- (f) Be approved by the Coast Guard
tual operation of obstruction lights under 67.1015; and
also will not be required. (g) Be permanently marked with:
[CGFR 5834, 23 FR 7701, Oct. 4, 1958] (1) The date of Coast Guard approval;
(2) The manufacturer and date of
67.0520 Minimum lighting require- manufacture;
ments. (3) A model designation;
The obstruction lighting require- (4) The approved range; and
ments prescribed in this part are the (5) The power necessary to comply
minimum requirements only and shall with the provisions of paragraph (c) of
not preclude the maintainer from mak- this section.
ing application for authorization to es-
67.105 Location requirements.
tablish more lights, or lights of greater
intensity than required to be visible at The sound signal required by 67.20
the distances prescribed: Provided, That 10, 67.2510, and 67.3010 must:
the prescribed characteristics of color (a) Be located on the structure so
and flash duration are adhered to. that the sound signal produced is audi-
ble over 360 in a horizontal plane at all
67.0525 Special lighting require- ranges up to and including the required
ments. rated range; and
Whenever a structure is erected in a (b) Be located at least 10 feet but not
position on or adjacent to the edges of more than 150 feet above mean high
navigable channels and fairways, or water.
lines of demarcation, the District Com-
mander is authorized to require the 67.1010 Operating requirements.
structure to be marked by the lights (a) Sound signals required by 67.20
which in his judgment are necessary 10, 67.2510, and 67.3010 must be oper-
for the safety of marine commerce, and ated continuously, regardless of visi-
without regard to the fact that the bility, unless the sound signal is con-
structure may be located in an area in trolled:
which either Class B or Class C re- (1) By an attendant on the structure;
quirements are otherwise applicable. (2) Remotely by an attendant on a
The requirements for the lights in any nearby structure; or
of these cases, shall not exceed those (3) By a fog detection device capable
established for structures in the Class of activating the sound signal when the
A areas. visibility in any direction is reduced to
the rated range at which sound signal
Subpart 67.10General operation is required by this part.
Requirements for Sound signals (b) During construction and until
such time as a sound signal is installed
SOURCE: CGD 7274R, 37 FR 13512, July 8, and operating on a platform, the whis-
1972, unless otherwise noted. tle of an attending vessel moored
alongside the platform may be used to
67.101 Apparatus requirements. sound the signal required for the struc-
The sound signal required by 67.20 ture by this part.
10, 67.2510, and 67.3010 must: [CGFR 5817, 23 FR 3377, May 20, 1958, as
(a) Have its maximum intensity at a amended by USCG200110714, 69 FR 24983,
frequency between 100 and 1,100 Hertz; May 5, 2004]
(b) Sound a 2-second blast every 20
seconds (2 seconds sound, 18 seconds si- 67.1015 Approval of sound signals.
lence) unless otherwise authorized by (a) The Coast Guard approves a sound
the District Commander; signal if:
159
67.1020 33 CFR Ch. I (7112 Edition)
(1) It meets the requirements for tire sound signal, as if installed for ac-
sound signals in 67.101 (a), (b), (c), (d), tual use.
and (e) when tested under 67.1020; or (b) The sound pressure level must be
(2) It is similar to a sound signal measured as a function of:
which was tested and approved under (1) Distance by using a sufficient
the provisions of this section and the number of points to allow a far-field
Coast Guard has approved all vari- extrapolation of the sound pressure
ations in design, construction, produc- level;
tion, and manufacture from the sound (2) Power at outputs up to and in-
signal tested. cluding the approximate power level
(b) A sound signal that is an identical necessary to comply with 67.101(c);
production model of a sound signal (3) Horizontal angle at increments
which has been approved under para- not greater than 30; and
graph (a) of this section is a Coast (4) Harmonic content to at least the
Guard approved sound signal. third harmonic.
(c) In analyzing the test data to de-
67.1020 Sound signal tests. termine the minimum power necessary
(a) Sound signal tests must: to produce the sound pressure level
(1) Be made by the applicant in the specified in Table A of this section the
presence of a Coast Guard representa- Coast Guard follows the procedures
tive, who certifies the test if the proce- prescribed by the International Asso-
dures comply with the requirements of ciation of Lighthouse Authorities
this section; (IALA) in Supplement No. 3 to the
(2) Be made with Coast Guard sup- IALA Bulletin of February 1969 for
plied and calibrated sound level meters analysis of harmonic components and
and power meters; and does not consider components above
(3) Be made in an anechoic chamber 1,100 Hertz as adding to the audible
large enough to accommodate the en- range.
160
EC21OC91.000</GPH>
67.1025 Application for tests. Subpart 67.15Miscellaneous

A person requesting a Coast Guard Marking Requirements
representative at a test of a sound sig-
nal must: 67.151 Lights and signals on attend-
(a) Direct a written request to the Of- ant vessels.
fice of Aids to Navigation, (CG541), The requirements prescribed by this
2100 2nd St., SW., Stop 7581, Wash- part apply to structures. The barges,
ington, DC 205937581 including: vessels, and other miscellaneous float-
(1) Requestors name, address, and ing plants in attendance must display
telephone number; lights and signals under the Inter-
(2) A description of the sound signal; national Navigational Rules Act of 1977
(3) Rated range for which approval is (33 U.S.C. 16011608) that adopted the
requested; International Regulations for Pre-
(4) Location of the anechoic chamber; venting Collisions at Sea, 1972 (72
and COLREGS), or the Inland Navigational
(5) Proposed test dates. Rules Act of 1980 (33 U.S.C. 20012038).
(b) Bear all the expenses of con- When vessels are fixed to or submerged
ducting the test conducted in accord- onto the seabed, however, they become
ance with 67.1020 including all travel
structures as described in 67.015.
and per diem expenses of the U.S. Gov-
ernment in sending a Coast Guard rep- [USCG200110714, 69 FR 24983, May 5, 2004]
resentative to the test.
67.155 Seismographic and surveying
[CGD 7274R, 37 FR 13512, July 8, 1972, as operations.
amended by CGD88052, 53 FR 25119,July 1,
1988; CGD 96026, 61 FR 33663, June 28, 1996; All stakes, casings, pipes, and buoys,
USCG200110714, 69 FR 24983, May 5, 2004; except bamboo poles and wooden
USCG20100351, 75 FR 36281, June 25, 2010] stakes less than 2 inches in diameter,
placed in the water to facilitate seis-
67.1030 Withdrawal of approval.
mographic or surveying operations
The Coast Guard may withdraw ap- shall be marked, in the manner pre-
proval of a sound signal if it fails to scribed by the District Commander, for
meet the requirements of 67.101 (a), the safety of navigation.
(b), and (c).
67.1510 Spoil banks, artificial is-
67.1035 Notice of approval and with- lands, and dredged channels.
drawal of approval.
(a) All submerged spoil banks, or ar-
(a) The Coast Guard publishes a no-
tice of the approval or withdrawal of tificial islands resulting from the
approval of a sound signal in the Local dredging of private channels, laying of
Notice to Mariners. pipelines, or any other private oper-
(b) A listing of approved sound sig- ation, and all privately dredged chan-
nals may be obtained from any District nels which, in the judgment of the Dis-
Commander. trict Commander are required to be
marked by aids to navigation, shall be
67.1040 Sound signals authorized marked by private aids to navigation
for use prior to January 1, 1973. conforming to the standard United
Any sound signal authorized for use States system of aids to navigation
by the Coast Guard and manufactured characteristics described in subpart B
prior to January 1, 1973, is excepted of part 62 of this subchapter.
from the requirements in this subpart, (b) To receive a permit to establish
except 67.101 (b) and (c), 67.105, and and maintain a private aid to naviga-
67.1010, if the sound signal has a min- tion for the purposes described in para-
imum sound pressure level as specified graph (a) of this section, submit your
in Table A of Subpart 67.10 of Title 33 application to the District Commander.
of the Code of Federal Regulations in The District Commander will review
effect on December 31, 1972, for the all applications and issue all permits.
range required by 67.2010, 67.2510, or
67.3010. [USCG200110714, 69 FR 24983, May 5, 2004]
161
67.201 33 CFR Ch. I (7112 Edition)
Subpart 67.20Class A cient candlepower as to be visible at a

Requirements distance of at least three nautical
miles 90 percent of the nights of the
67.201 Class A structures. year. The lights shall be displayed not
Class A structures shall be the less than 20 feet above mean high
structures erected in an area where water, but not at a height greater than
Class A requirements must be met. that specified in 67.051(f), except that
on Class B structures which are re-
67.205 Obstruction lights. quired to be marked by only one light,
that light may be displayed not less
The obstruction lights shall be white
than 10 feet above mean high water if
lights as prescribed in Subpart 67.05 of
this part. The lights shall be of suffi- the structural features preclude
cient candlepower as to be visible at a mounting the light within the range of
distance of at least five nautical miles heights otherwise specified in this sec-
90 percent of the nights of the year. tion.
The lights shall be displayed not less (b) The District Commander may
than 20 feet above mean high water, waive the requirement for obstruction
but not at a height greater than that lights on Class B structures if there
governed by the requirement in 67.05 is no hazard to navigation by so doing.
1(f) that mariners be able to see at [CGFR 5834, 23 FR 7701, Oct. 4, 1958, as
least one of the lights, regardless of the amended by CGFR 6232, 27 FR 10101, Oct. 13,
angle of approach, until within 50 feet 1962]
of the structure, visibility permitting.
67.2510 Sound signal.
[CGFR 5834, 23 FR 7701, Oct. 4, 1958, as
amended by USCG200110714, 69 FR 24983, (a) The owner of a Class B struc-
May 5, 2004] ture shall:
(1) Install a sound signal that has a
67.2010 Sound signal. rated range of at least one-half mile,
(a) The owner of a Class A struc- except that the District Commander
ture shall: may
(1) Install a sound signal that has a (i) Prescribe a greater rated range,
rated range of at least 2 miles; and, not to exceed 2 miles, under the provi-
(2) Operate the sound signal when the sions of paragraph (b) of this section;
visibility in any direction is less than 5 or
miles. (ii) Exempt the structure from the
(b) The District Commander may requirements of this paragraph, under
waive any requirements in paragraph the provisions of paragraph (c) of this
(a) of this section if he or she finds that section;
a structure is so close to other struc- (2) Operate the sound signal when the
tures and so enveloped by the sound visibility in any direction is less than 3
signals on other structures that it is miles, unless the District Commander
not a hazard to navigation. establishes a greater or lesser distance
of visibility, not to exceed 5 miles,
[CGD 7274R, 37 FR 13513, July 8, 1972, as under the provisions of paragraph (b)
May 5, 2004]
or (c) of this section.
(b) The owner of a Class B struc-
ture shall install a sound signal with a
Subpart 67.25Class B greater rated range or operate it at
Requirements times of greater visibility than re-
quired in paragraph (a) of this section
67.251 Class B structures.
if:
Class B structures shall be the (1) The structure is erected on or ad-
structures erected in an area where jacent to the edge of a:
Class B requirements must be met. (i) Navigable channel;
(ii) Fairway; or
67.255 Obstruction lights. (iii) Line of demarcation; and
(a) The obstruction lights shall be (2) The District Commander decides a
white lights as prescribed in Subpart greater range or operation of the sound
67.05 of this part and shall be of suffi- signal at times of greater visibility is
162
necessary for the safety of marine com- degree required by this part, and are
merce. not a hazard to navigation.
(c) The District Commander may (c) Unless advised to the contrary by
waive or relax the provisions of para- the District Commander, obstruction
graph (a) of this section, if he or she lights shall be required on Class C
finds that a structure is: structures erected in depths of water
(1) So close to other structures and greater than 3 feet at mean low water.
so enveloped by the sound signals on (d) In cases where, although not re-
other structures that it is not a hazard quired, an applicant desires to estab-
to navigation; or lish and operate obstruction lights, a
(2) So located in a shoal area that it permit therefor shall be granted, at the
is not a hazard to navigation. discretion of the District Commander:
Provided, That the lights meet the re-
[CGD 7274R, 37 FR 13513, July 8, 1972, as
quirements set forth in this part.
24984, May 5, 2004] [CGFR 5834, 23 FR 7701, Oct. 4, 1958, as
amended by CGFR 6895, 33 FR 15285, Oct. 15,
Subpart 67.30Class C 1968; USCG200110714, 69 FR 24983, 24984, May
5, 2004]
Requirements
67.3010 Sound signals.
67.301 Class C structures.
(a) The owner of a Class C struc-
Class C structures shall be the ture shall install a sound signal if:
structures erected in an area where (1) The structure is erected on or ad-
Class C requirements must be met. jacent to the edge of a:
67.305 Obstruction lights. (i) Navigable channel;
(ii) Fairways; or
(a) The obstruction lights shall be (iii) Line of demarcation; and
white or red lights as prescribed in (2) The District Commander decides
Subpart 67.05 of this part and shall be it is necessary for the safety of marine
of sufficient candlepower as to be visi- commerce.
ble at a distance of at least one nau- (b) Sound signals required by para-
tical mile 90 percent of the nights of graph (a) of this section must have
the year. The lights shall be displayed rated range of at least one-half mile,
at such height, above mean high water, unless the District Commander pre-
as shall be prescribed by the District scribes a greater rated range, not to ex-
Commander. When the District Com- ceed 2 miles.
mander shall authorize red lights to (c) The owner of the structure shall
mark a Class C structure, the color operate the sound signal required by
thereof shall conform to the shade of paragraph (a) of this section whenever
red prescribed in Military Specification the visibility in any direction is less
Mil-C-25050 (ASG), Type 1, Grade D. A than 3 miles, unless the District Com-
copy of the specification may be ob- mander establishes a greater or lesser
tained from the Commanding Officer, distance of visibility, not to exceed 5
Document Automation and Production miles.
Service, 700 Robbins Avenue, Building (d) Class C structures may have
4, Section D, Philadelphia, PA 19111 sound signals if:
5091. (1) Authorized by the District Com-
(b) When Class C structures are mander under the provisions of Sub-
erected in close proximity to each part 66.01 of this subchapter; and
other, or are connected in such a man- (2) The sound signal meets the re-
ner as to prevent marine traffic from quirements of 67.101 (a) and (b).
passing freely through the field, ob-
struction lights may be authorized to [CGD 7274R, 37 FR 13513, July 8, 1972]
mark the perimeter structures only,
when in the judgment of the District Subpart 67.35Applications
Commander the group of structures
which are equipped with obstruction 67.351 Procedure.
lights are so arranged that the par- (a) An application, on Coast Guard
ticular structures are protected to the forms which will be provided by the
163
67.355 33 CFR Ch. I (7112 Edition)
District Commander upon request, dressed to the District Commander

shall be submitted for each private aid having jurisdiction over the area.
to navigation for which a permit is re-
quired to establish, operate, move, Subpart 67.40Notification
change or discontinue, except as modi-
fied in this subpart. 67.401 Notification to District Com-
(b) An application on the prescribed mander.
form shall be submitted to the District
Commander for each structure to be (a) Class A structures. In the case of
equipped with obstruction lights and/or structures to be located in areas where
sound signals if the structure is to re- Class A requirements must be met,
main in place six months or more. An notification shall be given to the Dis-
application may be made by letter for trict Commander of the approximate
each structure to be so equipped if the date work will commence, as soon as
structure is to remain in place less known after a permit is received from
than six months. the Corps of Engineers, U.S. Army, or
(c) One application form only shall be 30 days in advance, if possible. Persons
submitted to the District Commander constructing structures must notify
to cover a group of unlighted buoys or the District Commander by either tele-
daybeacons. gram or overnight mail on the day
they begin construction. Within this
67.355 Contents of application.
notice, they must inform him or her of
(a) All applicable items of the pre- the lights and sound signals they will
scribed forms shall be completed. A use during construction. When con-
brief descriptive print of the structure struction has been completed, the
or aid to navigation involved shall be maintainer shall notify the District
furnished with the application, to-
Commander to that effect by letter,
gether with a location plat or chart
stating whether or not the authorized
section. When Lambert coordinates are
obstruction lights and/or sound signals
used to plot the position of the aid, the
plat or chart shall be annotated to are in operation. Final notification by
show latitude and longitude of the pro- letter shall be given when the lights
posed aid to navigation, except when used for general illumination, to facili-
the position has been described by ref- tate the construction or operation of
erence to one or more horizontal an- the structure, have been discontinued
gles, or by the bearing and distance and the authorized obstruction lights
from a charted landmark. placed in operation.
(b) Each application shall have ap- (b) Class B structures. Notification
pended to it a list showing the type, shall be given to the District Com-
model, name and address of the manu- mander in the case of structures to be
facturer of the lighting apparatus and located in areas where Class B re-
sound signal equipment to be used. quirements must be met, in the same
(c) Each application shall always manner as prescribed in the case of
specify the date the proposals con- Class A structures, except that the
tained therein are desired to be effec- telegram on the day construction of
tive, and approval thereof must be ob- the structure is commenced shall not
tained before the proposed action is un- be required.
dertaken.
(c) Class C structures. Notification
67.3510 Private aids to navigation. shall be given to the District Com-
mander in the case of structures to be
See 67.1510(b) for review of applica-
located in areas where Class C re-
tions respecting private aids to naviga-
tion for spoil banks, artificial islands quirements must be met, upon comple-
and dredged channels. tion of the structure.
[CGFR 5817, 23 FR 3377, May 20, 1958, as
67.3515 To whom addressed. amended by CGFR 6232, 27 FR 10101, Oct. 13,
The applications and correspondence 1962; USCG200110714, 69 FR 24984, May 5,
dealing with private aids to navigation 2004]
and obstruction lighting should be ad-
164
67.405 Waivers. 67.4025 Penalty.

(a) The District Commander is au- The penalty for violation is in sec-
thorized to modify or waive any re- tion 1, 63 Stat. 501 (14 U.S.C. 85), or sec-
quirement prescribed in this part tion 4(e)(2) of the Outer Continental
whenever, in his or her judgment, the Shelf Lands Act (43 U.S.C. 1333). Any
safety of marine commerce will not be person, firm, company, or corporation
impaired by so doing. who shall fail or refuse to obey any of
(b) When the District Commander the lawful rules and regulations issued
shall determine that changed cir- in this part or pursuant thereto shall
cumstances in the case of a structure, be guilty of a misdemeanor and shall
whose obstruction lights and/or sound be fined not more than $100 for each of-
signal have been modified or waived, fense. Each day during which such vio-
constitutes a hazard to marine naviga-
lation shall continue shall be consid-
tion, he or she is authorized to revoke
ered a new offense.
or revise his or her previous action and
to require the structure to be appro-
priately marked by suitable obstruc- Subpart 67.50District Regulations
tion lights and/or sound signals in ac-
cordance with this part. 67.501 Scope.
[CGFR 5817, 23 FR 3377, May 20, 1958, as (a) The regulations in this subpart
amended by USCG200110714, 69 FR 24984, shall apply to the structures which are
May 5, 2004] located within the boundaries of the
Coast Guard districts hereinafter de-
67.4010 Communication with owner. fined.
Communication with the owners of (b) Geographic coordinates expressed
private aids to navigation by the Dis- in terms of latitude or longitude, or
trict Commander shall be addressed to both, are not intended for plotting on
their usual or last known place of busi- maps or charts whose referenced hori-
ness, or to their local representative, if zontal datum is the North American
any. Communication shall be by the Datum of 1983 (NAD 83), unless such ge-
method considered appropriate for the ographic coordinates are expressly la-
circumstances. beled NAD 83. Geographic coordinates
without the NAD 83 reference may be
67.4015 Marking at owners expense.
plotted on maps or charts referenced to
The District Commander may mark, NAD 83 only after application of the
for the protection of marine commerce, appropriate corrections that are pub-
any structure whenever the owner lished on the particular map or chart
thereof has failed suitably to mark the being used.
same in accordance with this part, and
the owner shall reimburse the Coast [CGD 86082, 52 FR 33810, Sept. 8, 1987]
Guard for all costs incurred.
67.505 First Coast Guard District.
67.4020 Charges invoiced to owner. (a) Description. See 3.051 of this
Charges to the owner for the cost of chapter.
marking a structure by the Coast (b) Line of demarcation. There is no
Guard shall be determined in accord- line of demarcation prescribed for this
ance with Part 74 of this subchapter. District. When required, it will be de-
All such charges shall be invoiced to termined in accordance with 67.0120.
the owner beginning with the date such
marking is established and shall con- [CGFR 5817, 23 FR 3377, May 20, 1958, as
tinue until notice is received by the amended by CGFR 6140, 26 FR 10353, Nov. 3,
1961]
District Commander that the structure
has been removed, or until the owner 67.5015 Fifth Coast Guard District.
has applied for and been issued a per-
mit by the District Commander to es- (a) Description. See 3.251 of this
tablish and operate the required ob- chapter.
struction lights and/or sound signals or (b) Line of demarcation. There is no
other markings required by this part. line of demarcation prescribed for this
165
67.5020 33 CFR Ch. I (7112 Edition)
District. When required, it will be de- (vii) A point at Lat. 2934.0 N., Long.
termined in accordance with 67.0120. 8900 W., thence to;
[CGFR 5817, 23 FR 3377, May 20, 1958, as (viii) A point at Lat. 2915.0 N., Long.
amended by CGFR 6140, 26 FR 10353, Nov. 3, 8900 W., thence to;
1961] (ix) A point at Lat. 2914.0 N., Long.
8857.7 W., thence to;
67.5020 Seventh Coast Guard Dis- (x) A point at Lat. 2910.0 N., Long.
trict.
(a) Description. See 3.351 of this (xi) A point at Lat. 2903.6 N., Long.
chapter. 8902.3 W., thence via the five fathom
(b) Line of demarcation. There is no curve to;
line of demarcation prescribed for this (xii) A point at latitude 2858.1 N.,
District. When required, it will be de- longitude 8909.6 W., thence to;
termined in accordance with 67.0120.
(xiii) A point at latitude 2857.8 N.,
[CGFR 5817, 23 FR 3377, May 20, 1958, as longitude 8913.6 W., thence to;
amended by CGFR 6140, 26 FR 10353, Nov. 3, (xiv) A point at latitude 2857.8 N.,
1961] longitude 8919.5 W., thence to;
67.5025 Eighth Coast Guard District. (xv) A point at latitude 2853.8 N.,
longitude 8925.7 W., thence to;
(a) Description. See 3.401 of this
(xvi) A point at latitude 2852.6 N.,
chapter.
longitude 8925.9 W., thence via the 10
(b) Lines of demarcation. The two lines
fathom curve to;
of demarcation described in this sec-
tion are for administrative purposes to (xvii) A point at latitude 2900 N.,
distinguish between the areas in which longitude 8934.0 W., thence to;
structures shall be subject to Class (xviii) A point at latitude 2900 N.,
A, B or C requirements. The longitude 9005.0 W., thence to;
primary line of demarcation delimits (xix) A point at latitude 2846.3 N.,
the areas to the seaward of which Class longitude 9107.5 W., thence to;
A requirements are imposed. The (xx) A point at latitude 2911.5 N.,
secondary line of demarcation delimits longitude 9221.0 W., thence to;
the areas to the shoreward of which (xxi) A point at latitude 2929.0 N.,
Class C requirements are imposed. In longitude 9232.3 W., thence via the 5
those areas where no secondary line of fathom curve to;
demarcation is prescribed, the struc- (xxii) A point at latitude 2941.2 N.,
tures shoreward of the primary line of longitude 9319.9 W., thence to;
demarcation are considered to be Class (xxiii) A point at latitude 2938.7 N.,
C structures. Class B require- longitude 9349.4 W., thence to;
ments are imposed on the structures in (xxiv) A point on the 5 fathom curve
the areas between the two lines of de- at latitude 2935.8 N., longitude 9400
marcation. W., thence via the 5 fathom curve to;
(1) The coordinates of the primary (xxv) A point at latitude 2926.7 N.,
line of demarcation within the jurisdic- longitude 9430.0 W., thence to;
tion of the District Commander are as (xxvi) A point at latitude 2855.3 N.,
follows: longitude 9516.3 W., thence to;
(i) Commencing at a point at Lat.
(xxvii) A point at latitude 2854.9 N.,
3011.3 N., Long. 8803.0 W., thence to;
longitude 9515.6 W., thence to;
(ii) A point at Lat. 3011.5 N., Long.
8831.7 W., thence to; (xxviii) A point at latitude 2819.3 N.,
(iii) A point at Lat. 3012.7 N., Long. longitude 9623.3 W., thence to;
8858.0 W., thence to; (xxix) A point at latitude 2749.5 N.,
(iv) A point due west of (iii) at Long. longitude 9701.2 W., thence to;
8900 W., thence to; (xxx) A point on the 10 fathom curve
(v) A point at Lat. 3008.0 N., Long. at latitude 2730.0 N., longitude 9710.0
8900 W., thence to; W., thence via the 10 fathom curve to;
(vi) A point at Lat. 3004.7 N., Long. (xxxi) A point at latitude 2700 N.,
8853.7 W., thence via a line two miles longitude 9717.5 W., thence to;
to seaward around Chandeleur Island (xxxii) A point at latitude 2604.1 N.,
to; longitude 9708.6 W.
166
(2) The coordinates of the secondary (xxviii) A point at Lat. 2934.1 N.,
line of demarcation within the jurisdic- Long. 9239.3 W., thence to;
tion of the District Commander are as (xxix) A point at Lat. 2941.1 N.,
follows: Long. 9257.2 W., thence to;
(i) Commencing at a point in Breton (xxx) A point at Lat. 2944.6 N., Long.
Sound at Lat. 2934.0 N., Long. 8900.0 9307.9 W., thence to;
W., thence to; (xxxi) A point at Lat. 2945.6 N.,
(ii) A point at Lat. 2930.0 N., Long. Long. 9313.7 W., thence to;
8910.0 W., thence to; (xxxii) A point at Lat. 2945.6 N.,
(iii) A point at Lat. 2920.9 N., Long. Long. 9317.3 W., thence to;
8910.0 W., thence to; (xxxiii) A point at Lat. 2944.3 N.,
(iv) A point at Lat. 2915.3 N., Long. Long. 9321.0 W., thence to;
8904.0 W., thence to; (xxxiv) A point at Lat. 2945.3 N.,
(v) A point at Lat. 2914.1 N., Long. Long. 9330.0 W., thence to;
8859.0 W., thence to; (xxxv) A point at Lat. 2943.3 N.,
(vi) A point at Lat. 2908.6 N., Long. Long. 9343.7 W., thence to;
8858.3 W., thence to; (xxxvi) A point at Lat. 2941.0 N.,
(vii) A point at Lat. 2902.1 N., Long. Long. 9348.8 W., thence to;
8906.6 W., thence to; (xxxvii) A point at Lat. 2938.8 N.,
(viii) A point at Lat. 2858.1 N., Long. Long. 9350.8 W., thence to;
8908.4 W., thence to; (xxxviii) A point at Lat. 2940.0 N.,
(ix) A point at Lat. 2901.1 N., Long. Long. 9357.3 W., thence to;
8916.1 W., thence to; (xxxix) A point at Lat. 2939.3 N.,
(x) A point at Lat. 2853.7 N., Long. Long. 9405.0 W., thence to;
(xl) A point at Lat. 2927.0 N., Long.
(xi) A point at Lat. 2854.3 N., Long.
(xli) A point at Lat. 2923.1 N., Long.
(xii) A point at Lat. 2902.2 N., Long.
(xlii) A point at Lat. 2920.4 N., Long.
(xiii) A point at Lat. 2911.8 N., Long.
(xiv) A point at Lat. 2917.9 N., Long. (xliii) A point at Lat. 2906.6 N.,
8946.6 W., thence to; Long. 9504.4 W., thence to;
(xv) A point at Lat. 2917.1 N., Long. (xliv) A point at Lat. 2904.6 N.,
(xvi) A point at Lat. 2914.5 N., Long. (xlv) A point at Lat. 2902.0 N., Long.
8955.1 W., thence to; 9510.0 W., thence to;
(xvii) A point at Lat. 2910.9 N., (xlvi) A point at Lat. 2857.3 N.,
Long. 9002.9 W., thence to; Long. 9516.2 W., thence to;
(xviii) A point at Lat. 2905.5 N., (xlvii) A point at Lat. 2855.3 N.,
Long. 9010.0 W., thence to; Long. 9517.9 W., thence to;
(xix) A point at Lat. 2904.5 N., Long. (xlviii) A point at Lat. 2839.5 N.,
(xx) A point at Lat. 2902.0 N., Long., (xlix) A point at Lat. 2832.1 N.,
(xxi) A point at Lat. 2901.9 N., Long. (l) A point at Lat. 2826.4 N., Long.
(xxii) A point at Lat. 2903.6 N., (li) A point at Lat. 2823.6 N., Long.
Long. 9032.8 W., thence to; 9621.5 W., thence to;
(xxiii) A point at Lat. 2901.9 N., (lii) A point at Lat. 2819.7 N., Long.
(xxiv) A point at Lat. 2900.8 N., (liii) A point at Lat. 2819.3 N., Long.
(xxv) A point at Lat. 2902.4 N., Long. (liv) A point at Lat. 2814.8 N., Long.
(xxvi) A point at Lat. 2928.5 N., (lv) A point at Lat. 2809.1 N., Long.
(xxvii) A point at Lat. 2931.1 N., (lvi) A point at Lat. 2802.4 N., Long.
167
67.5025 33 CFR Ch. I (7112 Edition)
(lvii) A point at Lat. 2756.2 N., Long. properly marked. The spoil banks
9658.3 W., thence to; should be examined at frequent inter-
(lviii) A point at Lat. 2752.8 N., vals in order that the changing condi-
Long. 9701.1 W., thence to; tions may be kept under control. As
(lix) A point at Lat. 2749.3 N., Long. markers are no longer required due to
9703.0 W., thence to; settling of banks, the Coast Guard will
(lx) A point at Lat. 2746.4 N., Long. authorize their removal upon applica-
9705.6 W., thence to; tion.
(lxi) A point at Lat. 2738.9 N., Long. (2) All openings in such submerged
9710.6 W., thence to; spoil shall be marked by daybeacons on
(lxii) A point at Lat. 2728.3 N., Long.
each side of the openings. When spoil is
located on each side of a channel or
(lxiii) A point at Lat. 2721.9 N.,
Long. 9718.9 W., thence to; pipe line, each bank will be considered
(lxiv) A point at Lat. 2713.7 N., separately. The daybeacons shall be
Long. 9721.2 W., thence to; equipped with arrows designating the
(lxv) A point at Lat. 2705.4 N., Long. safe water through the opening. These
9722.3 W., thence to; daybeacons may also be used as chan-
(lxvi) A point at Lat. 2657.1 N., nel markers for the dredged channels
Long. 9722.2 W., thence to; providing they are also equipped with
(lxvii) A point at Lat. 2648.9 N., arrows designating the spoil bank
Long. 9720.9 W., thence to; openings.
(lxviii) A point at Lat. 2639.1 N., (3) When spoil banks constituting an
Long. 9718.1 W., thence to; obstruction to navigation abut an es-
(lxix) A point at Lat. 2628.8 N., tablished traveled waterway, the out-
Long. 0714.3 W., thence to; board spoil bank markers shall be
(lxx) A point at Lat. 2618.3 N., Long. equipped with quick flashing lights de-
9711.3 W., thence to; scribed in Subpart 67.30 of this part, ex-
(lxxi) A point at Lat. 2611.7 N., cept that the color shall be in accord-
Long. 9710.2 W., thence to; ance with the provisions of Subpart
(lxxii) A point at Lat. 2604.8 N., 62.25 of Part 62 of this subchapter.
Long. 9709.3 W., thence to;
(e) Applications. All applications for
(lxxiii) A point at Lat. 2604.2 N.,
private aids to navigation and all cor-
Long. 9708.8 W., thence to;
(lxxiv) A point at Lat. 2558.3 N., respondence dealing with private aids
Long. 9708.3 W. to navigation and obstruction lighting
(c) Seismographic and surveying oper- must be addressed to Commander
ations. (1) All stakes and casings (oan), Eighth Coast Guard District,
(pipes), except bamboo poles and wood- Hale Boggs Federal Building, 501 Maga-
en stakes less than 2 inches in diame- zine Street, New Orleans, Louisiana
ter, placed in the water during seis- 701303396.
mographic or surveying operations (f) Enclosures. Applicants shall ap-
shall be marked with flags during the pend on a separate sheet with each ap-
daylight hours. Those casings remain- plication, the description, including
ing in place during the hours of dark- manufacturer, of obstruction lights
ness shall be marked by a red light as and sound signals.
prescribed in Subpart 67.30 of this part. (g) Corps of Engineers correspondence.
(2) All buoys used during seis- A copy of all correspondence directed
mographic operations shall be painted to the District Engineer, Corps of Engi-
with international orange and white neers, U.S. Army, in accordance with
horizontal bands. The buoys shall be of condition (i) of the Department of the
light construction in order that they Army permit, shall be forwarded to the
will not present a hazard to marine District Commander for those oper-
commerce.
ations conducted under permits au-
(d) Spoil marking. (1) All submerged
thorizing the erection of structures in
spoil resulting from the dredging of
channels, laying of pipelines, or any
other operation, which constitutes an
obstruction to navigation, shall be
168
areas in which Class A, Class B, or District. When required, it will be de-

Class C requirements must be met. termined in accordance with 67.0120.
[CGFR 5817, 23 FR 3377, May 20, 1958, as [CGFR 5817, 23 FR 3377, May 20, 1958, as
amended by CGFR 6140, 26 FR 10353, Nov. 3, amended by CGFR 6225, 27 FR 8733, Aug. 31,
1961; CGFR 6534, 30 FR 9485, July 29, 1965; 1962]
CGFR 6895, 33 FR 15285, Oct. 15, 1968; USCG
20007223, 65 FR 40055, June 29, 2000; USCG 67.5050 Seventeenth Coast Guard
20019286, 66 FR 33640, June 25, 2001] District.
(a) Description. See 3.851 of this
67.5030 Ninth Coast Guard District. chapter.
(a) Description. See 3.451 of this (b) Line of demarcation. There is no
chapter. line of demarcation prescribed for this
(b) Line of demarcation. There is no District. When required it will be de-
line of demarcation prescribed for this
District. When required, it will be de- [CGFR 6895, 33 FR 15285, Oct. 15, 1968]
[CGFR 5817, 23 FR 3377, May 20, 1958, as
PART 70INTERFERENCE WITH OR
amended by CGFR 6140, 26 FR 10353, Nov. 3, DAMAGE TO AIDS TO NAVIGA-
1961] TION
67.5035 Eleventh Coast Guard Dis- Subpart 70.01Interference With Aids to
trict. Navigation
(a) Description. See 3.551 of this Sec.
chapter. 70.011 General provisions.
(b) Line of Demarcation. The line of 70.015 Penalty.
demarcation described in this section
is for administrative purposes to dis- Subpart 70.05Collision With or Damage
tinguish between the areas in which to Aids to Navigation
structures shall be subject to Class 70.051 General provisions.
A, B, or C requirements. The 70.055 Penalty.
line delimits the areas to seaward of 70.0510 Revocation of merchant mariner
which class A requirements are im- credential officer endorsement or license.
70.0515 Liability for damages.
posed. The line of demarcation within
70.0520 Report required.
the jurisdiction of the District Com-
mander is defined as follows: AUTHORITY: Secs. 14, 16, 30 Stat. 1152, 1153;
secs. 84, 86, 92, 633, 642, 63 Stat. 500, 501, 503,
(1) Commencing at a point of latitude 545, 547 (33 U.S.C. 408, 411, 412; 14 U.S.C. 84, 86,
4159.8 N., longitude 12419.5 W., thence 92, 633, 642).
southward along the seaward limit of
the territorial sea to;
Subpart 70.01Interference With
(2) A point at latitude 3232.0 N, lon-
gitude 11711.0 W.
Aids to Navigation
(c) Structures located within a half 70.011 General provisions.
nautical mile of Traffic Separation No person, excluding the Armed
Scheme Los Angeles/Long Beach will Forces, shall obstruct or interfere with
also be subject to class A require- any aid to navigation established and
ments. The traffic separation scheme is maintained by the Coast Guard, or any
depicted on National Ocean Service private aid to navigation established
Charts 18740, 18720, 18725, 18746, 18721. and maintained in accordance with
[CGD118602, 52 FR 37613, Oct. 8, 1987] part 64, 66, 67, or 68 of this subchapter.
[CGFR 5817, 23 FR 3383, May 20, 1958]
67.5045 Thirteenth Coast Guard Dis-
trict. 70.015 Penalty.
(a) Description. See 3.651 of this Any person violating the provisions
chapter. of this section shall be deemed guilty
(b) Line of demarcation. There is no of a misdemeanor and be subject to a
line of demarcation prescribed for this fine not exceeding the sum of $500 for
169
70.051 33 CFR Ch. I (7112 Edition)
each offense, and each day during pended for a term to be fixed by the
which such violation shall continue judge before whom tried and convicted.
shall be considered a new offense. [CGFR 5215, 18 FR 12, Jan. 1, 1953, as amend-
[CGFR 5215, 18 FR 12, Jan. 1, 1953] ed by USCG200624371, 74 FR 11211, Mar. 16,
2009]
Subpart 70.05Collision With or 70.0515 Liability for damages.

Damage to Aids to Navigation Any boat, vessel, scow, raft or other
craft used or employed in violating any
SOURCE: CGFR 5215, 18 FR 12, Jan. 1, 1953, of the provisions of 70.051 shall be lia-
unless otherwise noted. ble for the pecuniary penalties speci-
fied in 70.055, and in addition thereto
70.051 General provisions. for the amount of damage done by said
No person shall take possession of or boat, vessel, scow, raft or other craft,
make use of for any purpose, or build which may be proceeded against sum-
upon, alter, deface, destroy, move, in- marily by way of libel in any district
jure, obstruct by fastening vessels court of the United States having juris-
thereto or otherwise, or in any manner diction thereof.
whatever impair the usefulness of any
70.0520 Report required.
aid to navigation established and main-
tained by the United States. Whenever any vessel collides with an
aid to navigation established and main-
70.055 Penalty. tained by the United States or any pri-
vate aid to navigation established or
Every person and every corporation
maintained in accordance with Part 64,
that shall violate, or that shall know-
66, 67, or 68 of this subchapter, or is
ingly aid, abet, authorize, or instigate
connected with any such collision, it
a violation of the provisions of 70.05 shall be the duty of the person in
1 shall be guilty of a misdemeanor, and charge of such vessel to report the ac-
on conviction thereof shall be punished cident to the nearest Officer in Charge,
by a fine of up to $25,000 per day, or by Marine Inspection, in accordance with
imprisonment (in case of a natural per- 46 CFR 4.
son) for not less than thirty days nor
more than one year, or both, one half [CGFR 5817, 23 FR 3383, May 20, 1958, as
amended by CGFR 6155, 26 FR 12572, Dec. 28,
of such fine to be paid to the person or 1961; CGD 97023, 62 FR 33362, June 19, 1997]
persons giving information which shall
lead to conviction.
PART 72MARINE INFORMATION
[CGFR 5215, 18 FR 12, Jan. 1, 1953, as amend-
ed by USCG20090416, 74 FR 27438, June 10, Subpart 72.01Notices to Mariners
2009]
Sec.
70.0510 Revocation of merchant 72.011 Purpose.
mariner credential officer endorse- 72.015 Local Notice to Mariners.
ment or license. 72.0110 Notice to Mariners.
72.011572.0120 [Reserved]
Every master, pilot, and engineer, or
72.0125 Marine broadcast notice to mari-
person or persons acting in such capac- ners.
ity, respectively, on board any boat or 72.0130 Temporary deficiencies.
vessel who shall willfully injure or de- 72.0135 Change of address.
stroy an aid to navigation established 72.0140 Single copies.
and maintained by the United States
shall be deemed guilty of violating the Subpart 72.05Light Lists
provisions of 70.051 and shall upon 72.051 Purpose.
conviction be punished as provided in 72.055 Sales agencies.
70.055 and shall also have his mer- 72.0510 Free distribution.
chant mariner credential officer en-
AUTHORITY: 14 U.S.C. 85, 633; 43 U.S.C. 1333;
dorsement or license revoked or sus- Department of Homeland Security Delega-
tion No. 0170.1.
170
Subpart 72.01Notices to (1) Useful in updating the latest edi-

Mariners tions of charts and publications of the
National Geospatial-Intelligence Agen-
72.011 Purpose. cy, National Ocean Service, U.S. Army
Corps of Engineers, and Coast Guard;
The Coast Guard issues information
(2) Selected from the Local Notice
concerning the establishment of aids to
to Mariners issued and published by
maritime navigation and the changes,
the 1 st, 5 th, 7 th, 8 th, 9 th, 11 th, 13 th,
discontinuances, and deficiencies, ex-
14 th, and 17 th Coast Guard districts;
cept temporary deficiencies that are
and
easily correctable, of aids to maritime
(3) Compiled from foreign notices to
navigation maintained and operated by mariners, ship reports, and similar co-
or under the authority of the Coast operating observer reports.
Guard in documents and marine broad- (b) Notice to Mariners is published
casts having the general title of No- weekly by the National Imagery and
tice to Mariners. This subpart de- Mapping Agency. The Notice to Mari-
scribes the publications and the marine ners is prepared by the:
broadcasts. (1) Coast Guard;
[CGD 70147R, 37 FR 10669, May 26, 1972] (2) National Ocean Service; and
(3) National Imagery and Mapping
72.015 Local Notice to Mariners. Agency.
(a) Local Notice to Mariners re- (c) This notice may be obtained free
ports changes to and deficiencies in of charge from commercial maritime
aids to navigation that are established sources and upon request to the De-
or maintained and operated by or fense Logistics Agency, Defense Supply
under the authority of the Coast Center Richmond, ATTN: JNB, 8000
Guard, and any other information per- Jefferson Davis Highway, Richmond,
taining to the waterways within each VA 232975100 or FAX 8042796510,
Coast Guard district that is of interest ATTN: Accounts Manager, RMF. Re-
to the mariner. quest should be based on affirmative
(b) Local Notice to Mariners is need for the information.
published and issued weekly by each NOTE TO 72.0110: You may also access No-
Coast Guard district or more often if tice to Mariners through the National
there is a need to notify mariners of Geospatial-Intelligence Agencys Web site
local waterway information. (http://pollux.nss.nima.mil); look for U.S. No-
tice to Mariners.
(c) Any person may apply to the local
Coast Guard District Office to be [CGD 97023, 62 FR 33362, June 19, 1997, as
placed on the mailing list for the amended by USCG20019286, 66 FR 33640,
Local Notice to Mariners. The June 25, 2001; USCG200110714, 69 FR 24984,
May 5, 2004; USCG20090416, 74 FR 27438,
Local Notice to Mariners is mailed June 10, 2009]
to the public free of charge.
NOTE TO 72.015: You may also access 72.011572.0120 [Reserved]
Local Notice to Mariners free of charge on
the Internet from the Coast Guard Naviga- 72.0125 Marine broadcast notice to
tion Centers Web site (http:// mariners.
www.navcen.uscg.gov/); look for Local No- (a) The Coast Guard broadcasts no-
tice to Mariners. tices to mariners on its own or U.S.
[CGD 70147R, 37 FR 10669, May 26, 1972, as Navy radio stations to report naviga-
amended by USCG200110714, 69 FR 24984, tional warnings containing informa-
May 5, 2004] tion of importance to the safety of
navigation of vessels, such as the posi-
72.0110 Notice to Mariners. tion of ice and derelicts, defects, and
(a) Notice to Mariners is intended changes to aids to navigation, and
to advise mariners of new hydrographic drifting mines. Radio stations broad-
discoveries, changes in channels and casting marine information are listed
navigational aids, and information con- in Radio Navigational Aids (Na-
cerning the safety of navigation. No- tional Geospatial-Intelligence Agency
tice to Mariners also contains infor- Publication 117) and United States
mation Coast Pilots.
171
72.0130 33 CFR Ch. I (7112 Edition)
(b) Any person may purchase Radio ters of the United States, its terri-
Navigational Aids online from the tories and possessions:
U.S. Government Online Bookstore at (1) Volume I, Atlantic Coast, from St.
http://bookstore.gpo.gov, by Fax at 202 Croix River, Maine, to Shrewsbury
5122104, or by telephone at 2025121800. River, New Jersey.
Send mail orders including payment to (2) Volume II, Atlantic Coast, from
U.S. Government Printing Office, Su- Shrewsbury River, New Jersey, to Lit-
perintendent of Documents, P.O. Box tle River, South Carolina.
371954, Pittsburgh, PA 152501954. (3) Volume III, Atlantic and Gulf
(c) Any person may purchase United Coasts, from Little River, South Caro-
States Coast Pilots from any author- lina, to Econfina River, Florida, in-
ized agent for the sale of National cluding Puerto Rico and the U.S. Vir-
Ocean Service charts and publications gin Islands.
whose names and addresses are con- (4) Volume IV, Gulf of Mexico, from
tained in the National Ocean Service Econfina River, Florida to Rio Grande,
Chart Catalogs. Texas.
(5) Volume V, Mississippi River Sys-
[CGD 97023, 62 FR 33362, June 19, 1997; tem.
USCG20019286, 66 FR 33640, June 25, 2001;
(6) Volume VI, Pacific Coast and Pa-
USCG200625150, 71 FR 39208, July 12, 2006;
USCG20090416, 74 FR 27438, June 10, 2009] cific Islands.
(7) Volume VII, Great Lakes.
72.0130 Temporary deficiencies. (b) The Light Lists contain the offi-
cial name, location, characteristics,
Temporary deficiencies in aids to
and general description of federal,
navigation are not published in Notices
state, and private aids to navigation
to Mariners when it is known that the
maintained by or under authority of
defects will be corrected promptly.
the U.S. Coast Guard, which are placed
[CGFR 5215, 18 FR 13, Jan. 1, 1953] in navigable waters used by general
navigation. The Light Lists do not con-
72.0135 Change of address. tain information concerning private
Persons receiving Notices to Mari- aids to navigation maintained under
ners are requested to notify the appro- the authority of the U.S. Coast Guard,
priate agency of any change in address, which are placed in navigable waters
giving both old and new addresses, or not used by general navigation; nor do
when Notices to Mariners are no longer they contain information concerning
required. mooring buoys and some special marks
having no lateral significance such as
[CGFR 5215, 18 FR 13, Jan. 1, 1953]
fish net, dredging, and racing buoys.
72.0140 Single copies. (14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46)
Single copies of the Notice to Mari- [CGFR 6063, 25 FR 8949, Sept. 17, 1960, as
ners described in 72.0110 may be ob- amended by CGFR 6348, 28 FR 10379, Sept.
tained or consulted at: 25, 1963; CGD 85042, 50 FR 50904, Dec. 13, 1985;
(a) Coast Guard District Com- CGD 88105, 54 FR 12612, Mar. 28, 1989; USCG
manders Offices; 20019286, 66 FR 33640, June 25, 2001]
(b) National Ocean Service Field Of-
72.055 Sales agencies.
fices;
(c) The National Imagery and Map- Each volume of the Light List is for
ping Agency; and sale by the Superintendent of Docu-
(d) Custom Houses. ments, Government Printing Office,
and can be ordered online from the U.S.
[CGD 97023, 62 FR 33362, June 19, 1997] Government Online Bookstore at http://
bookstore.gpo.gov, by Fax at 202512
Subpart 72.05Light Lists 2104, or by telephone at 2025121800.
Send mail orders including payment to
72.051 Purpose. U.S. Government Printing Office, Su-
(a) The Coast Guard publishes the perintendent of Documents, P.O. Box
following Light Lists annually, with 371954, Pittsburgh, PA 152501954. Noti-
the exception of Volume V, which is fication of publication of a new edition
published biennially, covering the wa- of the Light List is published in the
172
Local Notices to Mariners and No- behalf of the United States in accord-
tice to Mariners for the particular ance with Part 25 of this title.
area that is covered as soon as the edi-
[CGFR 707, 35 FR 4048, Mar. 4, 1970]
tion is available for distribution.
[USCG20019286, 66 FR 33640, June 25, 2001, as 74.0110 Charges invoiced to owner
amended by USCG200625150, 71 FR 39208, for marking sunken wrecks and
July 12, 2006] other obstructions to navigation.
Charges for the establishment, main-
72.0510 Free distribution.
tenance, and replacement by the Coast
Official copies are distributed free of Guard of an aid, either permanent or
charge to Federal, State, and foreign temporary, to mark a sunken wreck or
governments, municipalities, libraries other obstruction to navigation are
and other public institutions. calculated to recover the Coast Guard
NOTE TO 72.0510: You may also access costs involved in, or associated with,
Coast Guard Light data through the fol- the marking process. These charges
lowing National Geospatial-Intelligence will be invoiced to the owner of the ob-
Agencys Web site: (http://pollux.nss.nima.mil/ struction. Charges for the removal of
pubs/USCGLL/pubsljluscgllllist.html). aids to navigation established by the
(R.S. 501, as amended, sec. 5, 38 Stat. 75; 44 Coast Guard will be invoiced to the
U.S.C. 82, 84) owner unless the District Engineer re-
[CGFR 5115, 18 FR 13, Jan. 1, 1953, as amend- quests the continued marking of the
ed by USCG200110714, 69 FR 24984, May 5, obstruction. All charges will be as-
2004] sessed in accordance with Subpart 74.20
of this part.
PART 74CHARGES FOR COAST [CGD 81051, 48 FR 15468, Apr. 11, 1983]
GUARD AIDS TO NAVIGATION
WORK 74.0115 Charges for placement of
temporary aids.
Subpart 74.01Charges to the Public Charges for placement of temporary
aids will be reimbursable and in ac-
Sec.
cordance with Subpart 74.20 of this
74.011 Claim for damage, destruction, or
displacement. part. Where the placement of tem-
74.0110 Charges invoiced to owner for porary aids other than those specified
marking sunken wrecks and other ob- is made, a reasonable equivalence will
structions to navigation. be determined, and charges made ac-
74.0115 Charges for placement of temporary cordingly.
aids.
74.0120 Deposit of payment in special ac- 74.0120 Deposit of payment in spe-
count. cial account.
Subpart 74.20Aids to Navigation Costs Whenever an aid to navigation or
other property belonging to the Coast
74.201 Buoy and vessel use costs. Guard is damaged or destroyed by a
AUTHORITY: 14 U.S.C. 81, 85, 86, 92, 93, 141, private person, such person shall pay
633, 642, 647; 49 CFR 1.46 (b). to the satisfaction of the Coast Guard
the cost of repair or replacement of
SOURCE: CGFR 5850, 24 FR 5608, July 11,
1959, unless otherwise noted. such property. The Coast Guard will
accept and deposit such payment in a
special account in the Treasury for
Subpart 74.01Charges to the payment therefrom of the cost of re-
Public pairing or replacing the damaged prop-
74.011 Claim for damage, destruc- erty. Funds collected in excess of the
tion, or displacement. cost to make repairs or replacements
shall be refunded.
Whenever an aid to navigation is
damaged, destroyed, or displaced from
its station, a claim shall be made on
173
74.201 33 CFR Ch. I (7112 Edition)
Subpart 74.20Aids to Navigation private aids to navigation to mark

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

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

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

80.01 General basis and purpose of demarca- 80.745 Cape Sable, FL to Cape Romano, FL.
tion lines. 80.748 Cape Romano, FL to Sanibel Island,
FL.
ATLANTIC COAST 80.750 Sanibel Island, FL to St. Petersburg,
FL.
FIRST DISTRICT 80.753 St. Petersburg, FL to Anclote, FL.
80.105 Calais, ME to Cape Small, ME. 80.755 Anclote, FL to the Suncoast Keys,
80.110 Casco Bay, ME. FL.
80.115 Portland Head, ME to Cape Ann, MA. 80.757 Suncoast Keys, FL to Horseshoe
80.120 Cape Ann, MA to Marblehead Neck, Point, FL.
MA. 80.760 Horseshoe Point, FL to Rock Island,
80.125 Marblehead Neck, MA to Nahant, FL.
MA. EIGHTH DISTRICT
80.130 Boston Harbor entrance.
80.135 Hull, MA to Race Point, MA. 80.805 Rock Island, FL to Cape San Blas,
80.145 Race Point, MA to Watch Hill, RI. FL.
80.150 Block Island, RI. 80.810 Cape San Blas, FL to Perdido Bay,
80.155 Watch Hill, RI to Montauk Point, NY. FL.
80.160 Montauk Point, NY to Atlantic 80.815 Mobile Bay, AL to the Chandeleur Is-
Beach, NY. lands, LA.
80.165 New York Harbor. 80.825 Mississippi Passes, LA.
80.170 Sandy Hook, NJ to Toms River, NJ. 80.830 Mississippi Passes, LA to Point Au
Fer, LA.
FIFTH DISTRICT 80.835 Point Au Fer, LA to Calcasieu Pass,
LA.
80.501 Toms River, NJ to Cape May, NJ.
80.840 Sabine Pass, TX to Galveston, TX.
80.503 Delaware Bay.
80.845 Galveston, TX to Freeport, TX.
80.505 Cape Henlopen, DE to Cape Charles,
80.850 Brazos River, TX to the Rio Grande,
VA.
TX.
80.510 Chesapeake Bay Entrance, VA.
80.515 Cape Henry, VA to Cape Hatteras, PACIFIC COAST
NC.
80.520 Cape Hatteras, NC to Cape Lookout, ELEVENTH DISTRICT
NC. 80.1102 Santa Catalina Island, CA.
80.525 Cape Lookout, NC to Cape Fear, NC. 80.1104 San Diego Harbor, CA.
80.530 Cape Fear, NC to New River Inlet, 80.1106 Mission Bay, CA.
NC. 80.1108 Oceanside Harbor, CA.
SEVENTH DISTRICT
80.1110 Dana Point Harbor, CA.
80.1112 Newport Bay, CA.
80.703 Little River Inlet, SC to Cape 80.1114 San Pedro BayAnaheim Bay, CA.
Romain, SC. 80.1116 Redondo Harbor, CA.
80.707 Cape Romain, SC to Sullivans Island, 80.1118 Marina Del Rey, CA.
SC. 80.1120 Port Hueneme, CA.
80.710 Charleston Harbor, SC. 80.1122 Channel Islands Harbor, CA.
80.712 Morris Island, SC to Hilton Head Is- 80.1124 Ventura Marina, CA.
land, SC. 80.1126 Santa Barbara Harbor, CA.
176
80.1130 San Luis Obispo Bay, CA. GENERAL
80.1132 EsteroMorro Bay, CA.
80.1134 Monterey Harbor, CA. 80.01 General basis and purpose of
80.1136 Moss Landing Harbor, CA. demarcation lines.
80.1138 Santa Cruz Harbor, CA. (a) The regulations in this part estab-
80.1140 Pillar Point Harbor, CA.
lish the lines of demarcation delin-
80.1142 San Francisco Harbor, CA.
eating those waters upon which mari-
80.1144 Bodega and Tomales Bay, CA.
ners shall comply with the Inter-
80.1146 Albion River, CA.
national Regulations for Preventing
80.1148 Noyo River, CA.
Collisions at Sea, 1972 (72 COLREGS)
80.1150 ArcatoHumboldt Bay, CA.
and those water upon which mariners
80.1152 Crescent City Harbor, CA.
shall comply with the Inland Naviga-
THIRTEENTH DISTRICT tion Rules.
(b) The waters inside of the lines are
80.1305 Chetco River, OR.
80.1310 Rogue River, OR.
Inland Rules waters. The waters out-
80.1315 Coquille River, OR.
side the lines are COLREGS waters.
80.1320 Coos Bay, OR. (c) Geographic coordinates expressed
80.1325 Umpqua River, OR. in terms of latitude or longitude, or
80.1330 Siuslaw River, OR. both, are not intended for plotting on
80.1335 Alsea Bay, OR. maps or charts whose referenced hori-
80.1340 Yaquina Bay, OR. zontal datum is the North American
80.1345 Depoe Bay, OR. Datum of 1983 (NAD 83), unless such ge-
80.1350 Netarts Bay, OR. ographic coordinates are expressly la-
80.1355 Tillamook Bay, OR. beled NAD 83. Geographic coordinates
80.1360 Nehalem River, OR. without the NAD 83 reference may be
80.1365 Columbia River Entrance, OR/WA. plotted on maps or charts referenced to
80.1370 Willapa Bay, WA. NAD 83 only after application of the
80.1375 Grays Harbor, WA. appropriate corrections that are pub-
80.1380 Quillayute River, WA. lished on the particular map or chart
80.1385 Strait of Juan de Fuca being used.
80.1390 Haro Strait and Strait of Georgia
[CGD 82029, 47 FR 19519, May 6, 1982, as
80.1395 Puget Sound and adjacent waters.
PACIFIC ISLANDS 1983; CGD 86082, 52 FR 33810, Sept. 8, 1987]
FOURTEENTH DISTRICT ATLANTIC COAST

80.1410 Hawaiian Island Exemption from FIRST DISTRICT
General Rule.
80.1420 Mamala Bay, Oahu, HI. 80.105 Calais, ME to Cape Small, ME.
80.1430 Kaneohe Bay, Oahu, HI.
80.1440 Port Allen, Kauai, HI. The 72 COLREGS shall apply on the
80.1450 Nawiliwili Harbor, Kauai, HI. harbors, bays, and inlets on the east
80.1460 Kahului Harbor, Maui, HI. coast of Maine from International
80.1470 Kawaihae Harbor, Hawaii, HI. Bridge at Calais, ME to the south-
80.1480 Hilo Harbor, Hawaii, HI. westernmost extremity of Bald Head at
80.1490 Apra Harbor, U.S. Territory of Cape Small.
Guam.
80.1495 U.S. Pacific Island Possessions. 80.110 Casco Bay, ME.
ALASKA
(a) A line drawn from the south-
westernmost extremity of Bald Head at
SEVENTEENTH DISTRICT Cape Small to the southeasternmost
extremity of Ragged Island; thence to
80.1705 Alaska.
the southern tangent of Jaquish Island
AUTHORITY: 14 U.S.C. 2; 14 U.S.C. 633; 33 thence to Little Mark Island Monu-
U.S.C. 151(a). ment Light; thence to the northern-
SOURCE: CGD 77118a, 42 FR 35784, July 11, most extremity of Jewell Island.
1977, unless otherwise noted. Redesignated (b) A line drawn from the tower on
by CGD 81017, 46 FR 28154, May 26, 1981. Jewell Island charted in approximate
position latitude 4340.6 N. longitude
177
80.115 33 CFR Ch. I (7112 Edition)
7005.9 W. to the northeasternmost ex- tion latitude 4225.4 N., longitude

tremity of Outer Green Island. 7054.6 W.
(c) A Line drawn from the south- [CGD 79066, 45 FR 15176, Mar. 10, 1980. Redes-
westernmost extremity of Outer Green ignated by CGD 81017, 46 FR 28154, May 26,
Island to Ram Island Ledge Light; 1981]
thence to Portland Head Light.
80.130 Boston Harbor entrance.
80.115 Portland Head, ME to Cape
Ann, MA. A line drawn from the easternmost
tower at Nahant, charted in approxi-
(a) Except inside lines specifically de- mate position latitude 4225.4 N., lon-
scribed in this section, the 72 gitude 7054.6 W., to Boston Lighted
COLREGS shall apply on the harbors, Horn Buoy B; thence to the
bays, and inlets on the east coast of esternmost radio tower at Hull,
Maine, New Hampshire, and Massachu- charted in approximate position lati-
setts from Portland Head to Halibut tude 4216.7 N., longitude 7052.6 W.
Point at Cape Ann.
(b) A line drawn from the southern- [CGD 79066, 45 FR 15176, Mar. 10, 1980. Redes-
ignated by CGD 81017, 46 FR 28154, May 26,
most tower on Gerrish Island charted
1981]
in approximate position latitude
4304.0 N. longitude 7041.2 W. to 80.135 Hull, MA to Race Point, MA.
Whaleback Light; thence to Jaffrey
(a) Except inside lines described in
Point Light 2A; thence to the north-
this section, the 72 COLREGS apply on
easternmost extremity of Frost Point.
the harbors, bays, and inlets on the
(c) A line drawn from the northern-
east coast of Massachusetts from the
most extremity of Farm Point to
easternmost radio tower at Hull,
Annisquam Harbor Light.
charted in approximate position lati-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- tude 4216.7 N., longitude 7052.6 W., to
designated by CGD 81017, 46 FR 28154, May Race Point on Cape Cod.
26, 1981, and amended by CGD 84091, 51 FR (b) A line drawn from Canal Break-
7786, Mar. 6, 1986] water Light 4 south to the shoreline.
80.120 Cape Ann, MA to Marblehead [CGD 77118a, 42 FR 35784, July 11, 1977, as
Neck, MA. amended by CGD 79066, 45 FR 15176, Mar. 10,
1980. Redesignated by CGD 81017, 46 FR
(a) Except inside lines specifically de-
28154, May 26, 1981, and amended by CGD 84
scribed in this section, the 72 091, 51 FR 7786, Mar. 6, 1986]
COLREGS shall apply on the harbors,
bays and inlets on the east coast of 80.145 Race Point, MA, to Watch Hill,
Massachusetts from Halibut Point at RI.
Cape Ann to Marblehead Neck. (a) Except inside lines specifically de-
(b) A line drawn from Gloucester scribed in this section, the 72
Harbor Breakwater Light to the twin COLREGS shall apply on the sounds,
towers charted in approximate position bays, harbors, and inlets along the
latitude 4235.1 N. longitude 7041.6 W. coast of Cape Cod and the southern
(c) A line drawn from the western- coasts of Massachusetts and Rhode Is-
most extremity of Gales Point to the land from Race Point to Watch Hill.
easternmost extremity of House Island; (b) A line drawn from Nobska Point
thence to Bakers Island Light; thence Light to Tarpaulin Cove Light on the
to Marblehead Light. southeastern side of Naushon Island;
[CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR thence from the southernmost tangent
63169, Dec. 15, 1977. Redesignated by CGD 81 of Naushon Island to the easternmost
017, 46 FR 28154, May 26, 1981] extremity of Nashawena Island; thence
from the southwestern most extremity
80.125 Marblehead Neck, MA to of Nashawena Island to the eastern-
Nahant, MA. most extremity of Cuttyhunk Island;
The 72 COLREGS apply on the har- thence from the southwestern tangent
bors, bays, and inlets on the east coast of Cuttyhunk Island to the tower on
of Massachusetts from Marblehead Gooseberry Neck charted in approxi-
Neck to the easternmost tower at mate position latitude 4129.1 N. lon-
Nahant, charted in approximate posi- gitude 7102.3 W.
178
(c) A line drawn from Sakonnet Shinnecock Inlet West Breakwater

Breakwater Light 2 tangent to the Light 1.
southernmost part of Sachuest Point (b) A line drawn from Moriches Inlet
charted in approximate position lati- East Breakwater Light to Moriches
tude 4128.5 N. longitude 7114.8 W. Inlet West Breakwater Light.
(d) An east-west line drawn through (c) A line drawn from Fire Island
Beavertail Light between Brenton Inlet Breakwater Light 348 true to the
Point and the Boston Neck shoreline. southernmost extremity of the spit of
land at the western end of Oak Beach.
[CGD 77118a, 42 FR 35784, July 11, 1977, as
amended by CGD 79036, 44 FR 22458, Apr. 16, (d) A line drawn from Jones Inlet
1979. Redesignated by CGD 81017, 46 FR Light 322 true across the southwest
28154, May 26, 1981, and amended by CGD 84 tangent of the island on the north side
091, 51 FR 7786, Mar. 6, 1986] of Jones Inlet to the shoreline.
80.150 Block Island, RI. [CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
63169, Dec. 15, 1977. Redesignated by CGD 81
The 72 COLREGS shall apply on the 017, 46 FR 28154, May 26, 1981; CGD 84091, and
harbors of Block Island. amended by 51 FR 7786, Mar. 6, 1986. Redesig-
nated by CGD 87008b, 52 FR 25218, July 6,
80.155 Watch Hill, RI to Montauk 1987]
Point, NY.
80.165 New York Harbor.
(a) A line drawn from Watch Hill
Light to East Point on Fishers Island. A line drawn from East Rockaway
(b) A line drawn from Race Point to Inlet Breakwater Light to Sandy Hook
Race Rock Light; thence to Little Gull Light.
Island Light thence to East Point on [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Plum Island. designated by CGD 81017, 46 FR 28154, May
(c) A line drawn from Plum Island 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
Harbor East Dolphin Light to Plum Is- 1987]
land Harbor West Dolphin Light.
80.170 Sandy Hook, NJ to Toms
(d) A line drawn from Plum Island River, NJ.
Light to Orient Point Light; thence to
Orient Point. (a) A line drawn from Shark River
(e) A line drawn from the lighthouse Inlet North Breakwater Light 2 to
ruins at the southwestern end of Long Shark River Inlet South Breakwater
Beach Point to Cornelius Point. Light 1.
(f) A line drawn from Coecles Harbor (b) A line drawn from Manasquan
Entrance Light to Sungic Point. Inlet North Breakwater Light 4 to
(g) A line drawn from Nicholl Point Manasquan Inlet South Breakwater
to Cedar Island Light. Light 3.
(h) A line drawn from Threemile Har- (c) A line drawn from Barnegat Inlet
bor West Breakwater Light to North Breakwater Light 4A to the sea-
Threemile Harbor East Breakwater ward extremity of the submerged Bar-
Light. negat Inlet South Breakwater; thence
along the submerged breakwater to the
(i) A line drawn from Montauk West
shoreline.
Jetty Light 1 to Montauk East Jetty
Light 2. [CGD 87008b, 52 FR 25218, July 6, 1987]
[CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR FIFTH DISTRICT
017, 46 FR 28154, May 26, 1981, and amended by 80.501 Toms River, NJ to Cape May,
CGD 84091, 51 FR 7786, Mar. 6, 1986. Redesig- NJ.
1987; USCG20120306, 77 FR 37312, June 21, (a) A line drawn from the seaward
2012] tangent of Long Beach Island to the
seaward tangent to Pullen Island
80.160 Montauk Point, NY to Atlantic across Beach Haven and Little Egg In-
Beach, NY. lets.
(a) A line drawn from the Shinnecock (b) A line drawn from the seaward
Inlet East Breakwater Light to tangent of Pullen Island to the seaward
179
80.503 33 CFR Ch. I (7112 Edition)
tangent of Brigantine Island across (f) A line drawn 207 true from the
Brigantine Inlet. lookout tower charted on the southern
(c) A line drawn from the seaward ex- end of Hog Island across Great
tremity of Absecon Inlet. Machipongo Inlet.
(d) A line drawn from the southern- (g) A line formed by the range of the
most point of Longport at latitude two cupolas charted on the southern
3918.2 N. longitude 7433.1 W. to the end of Cobb Island drawn across Sand
northeasternmost point of Ocean City Shoal Inlet.
at latitude 3917.6 N. longitude 7433.1 (h) Except as provided elsewhere in
W. across Great Egg Harbor Inlet. this section from Cape Henlopen to
(e) A line drawn parallel with the Cape Charles, lines drawn parallel with
general trend of highwater shoreline the general trend of the highwater
across Corson Inlet. shoreline across the entrances to small
(f) A line formed by the centerline of bays and inlets.
the Townsend Inlet Highway Bridge. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
(g) A line formed by the shoreline of designated by CGD 81017, 46 FR 28154, May
Seven Mile Beach and Hereford Inlet 26, 1981, and amended by CGD 84091, 51 FR
Light. 7786, Mar. 6, 1986]
(h) A line drawn from Cape May Inlet
80.510 Chesapeake Bay Entrance, VA.
East Jetty Light 4 to Cape May Inlet
West Jetty Light 5. A line drawn from Cape Charles
Light to Cape Henry Light.
[CGD 87008b, 52 FR 25218, July 6, 1987, as
amended by CGD 94011, 63 FR 5731, Feb. 4, 80.515 Cape Henry, VA to Cape Hat-
1998; USCG20007223, 65 FR 40055, June 29, teras, NC.
2000]
(a) A line drawn from Rudee Inlet
80.503 Delaware Bay. Jetty Light 2 to Rudee Inlet Jetty
Light 1.
A line drawn from Cape May Light to
(b) A line formed by the centerline of
Harbor of Refuge Light; thence to the
the highway bridge across Oregon
northernmost extremity of Cape Hen-
Inlet.
lopen.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- 80.520 Cape Hatteras, NC to Cape
designated by CGD 81017, 46 FR 28154, May Lookout, NC.
26, 1981, and CGD 87008b, 52 FR 25218, July 6, (a) A line drawn from Hatteras Inlet
1987] Lookout Tower at latitude 3511.8 N.
longitude 7544.9 W. 255 true to the
80.505 Cape Henlopen, DE to Cape
Charles, VA. eastern end of Ocracoke Island.
(b) A line drawn from the western-
(a) A line drawn from the seaward ex- most extremity of Ocracoke Island at
tremity of Indian River Inlet North latitude 3504.0 N. longitude 7600.8 W.
Jetty to Indian River Inlet South Jetty to the northeastern extremity of Ports-
Light. mouth Island at latitude 3503.7 N. lon-
(b) A line drawn from Ocean City gitude 7602.3 W.
Inlet Light 6, 225 true across Ocean (c) A line drawn across Drum Inlet
City Inlet to the submerged south parallel with the general trend of the
breakwater. highwater shoreline.
(c) A line drawn from Assateague
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Beach Tower Light to the tower designated by CGD 81017, 46 FR 28154, May
charted at latitude 3752.6 N. longitude 26, 1981, and amended by CGD 84091, 51 FR
7526.7 W. 21748, June 16, 1986; CGD 94011, 63 FR 5731,
(d) A line formed by the range of Feb. 4, 1998]
Wachapreague Inlet Light 3 and
Parramore Beach Lookout Tower 80.525 Cape Lookout, NC to Cape
drawn across Wachapreague Inlet. Fear, NC.
(e) A line drawn from the lookout (a) A line drawn from Cape lookout
tower charted on the northern end of Light to the seaward tangent of the
Hog Island to the seaward tangent of southeastern end of Shackleford
Parramore Beach. Banks.
180
(b) A line drawn from Morehead City Island to the easternmost extremity of
Channel Range Front Light to the sea- Waties Island across Little River Inlet.
ward extremity of the Beaufort Inlet (b) From Little River Inlet, a line
west jetty. drawn parallel with the general trend
(c) A line drawn from the southern- of the highwater shoreline across Hog
most extremity of Bogue Banks at lati- Inlet; thence a line drawn across the
tude 3438.7 N. longitude 7706.0 W. seaward ends of the Murrels Inlet jet-
across Bogue Inlet to the northernmost ties; thence a line drawn parallel with
extremity of Bear Beach at latitude the general trend of the highwater
3438.5 N. longitude 7707.1 W. shoreline across Midway Inlet, Pawleys
(d) A line drawn from the southeast- Inlet, and North Inlet.
ernmost extremity on the southwest (c) A line drawn from the charted po-
side of New River Inlet at latitude sition of Winyah Bay North Jetty End
3431.5 N. longitude 7720.6 W. to the Buoy 2N south to the Winyah Bay
seaward tangent of the shoreline on the South Jetty.
northeast side on New River Inlet. (d) A line drawn from Santee Point
(e) A line drawn across New Topsail to the seaward tangent of Cedar Island.
Inlet between the closest extremities (e) A line drawn from Cedar Island
of the shore on either side of the inlet Point west to Murphy Island.
from latitude 3420.8 N. longitude (f) A north-south line (longitude
7739.2 W. to latitude 3420.6 N. lon- 7920.3 W.) drawn from Murphy Island
gitude 7739.6 W. to the northernmost extremity of Cape
(f) A line drawn from the seaward ex- Island Point.
tremity of the jetty on the northeast
side of Masonboro Inlet to the seaward [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
extremity of the jetty on the southeast designated by CGD 81017, 46 FR 28154, May
26, 1981, and amended by CGD 89068, 55 FR
side of the Inlet.
31831, Aug. 6, 1990]
(g) Except as provided elsewhere in
this section from Cape Lookout to 80.707 Cape Romain, SC to Sullivans
Cape Fear, lines drawn parallel with Island, SC.
the general trend of the highwater
shoreline across the entrance of small (a) A line drawn from the western ex-
bays and inlets. tremity of Cape Romain 292 true to
Racoon Key on the west side of Racoon
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- Creek.
designated by CGD 81017, 46 FR 28154, May (b) A line drawn from the western-
most extremity of Sandy Point across
7786, Mar. 6, 1986]
Bull Bay to the northernmost extrem-
80.530 Cape Fear, NC to Little River ity of Northeast Point.
Inlet, NC. (c) A line drawn from the southern-
most extremity of Bull Island to the
(a) A line drawn from the abandoned
easternmost extremity of Capers Is-
lighthouse charted in approximate po-
land.
sition latitude 3352.4 N. longitude
7800.1 W. across the Cape Fear River (d) A line formed by the overhead
Entrance to Oak Island Light. power cable from Capers Island to
Dewees Island.
(b) Except as provided elsewhere in
this section from Cape Fear to Little (e) A line formed by the overhead
River Inlet, lines drawn parallel with power cable from Dewees Island to Isle
the general trend of the highwater of Palms.
shoreline across the entrance to small (f) A line formed by the centerline of
inlets. the highway bridge between Isle of
Palms and Sullivans Island over
SEVENTH DISTRICT Breach Inlet.
80.703 Little River Inlet, SC to Cape 80.710 Charleston Harbor, SC.

Romain, SC. (a) A line formed by the submerged
(a) A line drawn from the western- north jetty from the shore to the west
most extremity of the sand spit on Bird end of the north jetty.
181
80.712 33 CFR Ch. I (7112 Edition)
(b) A line drawn from across the sea- 80.717 Tybee Island, GA to St. Simons
ward extremity of the Charleston Har- Island, GA.
bor Jetties. (a) A line drawn from the southern-
(c) A line drawn from the west end of most extremity of Savannah Beach on
the South Jetty across the South En- Tybee Island 255 true across Tybee
trance to Charleston Harbor to shore Inlet to the shore of Little Tybee Is-
on a line formed by the submerged land south of the entrance to Buck
south jetty. Hammock Creek.
80.712 Morris Island, SC to Hilton (b) A straight line drawn from the
Head Island, SC. northeasternmost extremity of Wassaw
Island 031 true through Tybee River
(a) A line drawn from the eastern- Daybeacon 1 to the shore of Little
most tip of Folley Island to the aban- Tybee Island.
doned lighthouse tower on the (c) A line drawn approximately par-
northside of Lighthouse Inlet; thence allel with the general trend of the
west to the shoreline of Morris Island. highwater shorelines from the seaward
(b) A straight line drawn from the tangent of Wassau Island to the sea-
seaward tangent of Folly Island ward tangent of Bradley Point on
through Folly River Daybeacon 10 Ossabaw Island.
across Stono River to the shoreline of (d) A north-south line (longitude
Sandy Point. 818.4 W.) drawn from the southern-
(c) A line drawn from the southernmost extremity of Ossabaw Island to
most extremity of Seabrook Island 257 St. Catherines Island.
true across the North Edisto River En- (e) A north-south line (longitude
trance to the shore of Botany Bay Is- 8110.6 W.) drawn from the southern-
land. most extremity of St. Catherines Is-
(d) A line drawn from the microwave land to Northeast Point on Blackbeard
antenna tower on Edisto Beach charted Island.
in approximate position latitude (f) A line following the general trend
3229.3 N. longitude 8019.2 W. across of the seaward highwater shoreline
St. Helena Sound to the abandoned across Cabretta Inlet.
lighthouse tower on Hunting Island. (g) A north-south line (longitude
(e) A line formed by the centerline of 8116.9 W.) drawn from the south-west-
the highway bridge between Hunting ernmost point on Sapelo Island to Wolf
Island and Fripp Island. Island.
(f) A line drawn from the western- (h) A north-south line (longitude
most extremity of Bull Point on Capers 8117.1 W.) drawn from the south-east-
Island to Port Royal Sound Channel ernmost point of Wolf Island to the
Range Rear Light, latitude 3213.7 N. northeasternmost point on Little St.
longitude 8036.0 W.; thence 259 true to Simons Island.
the easternmost extremity of Hilton (i) A line drawn from the north-
Head at latitude 3213.0 N. longitude easternmost extremity of Sea Island
8040.1 W. 045 true to Little St. Simons Island.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- (j) An east-west line from the south-
designated by CGD 81017, 46 FR 28154, May ernmost extremity of Sea Island across
26, 1981, and amended by CGD 84091, 51 FR Goulds Inlet to St. Simons Island.
7786, Mar. 6, 1986]
80.720 St. Simons Island, GA to Amel-
80.715 Savannah River. ia Island, FL.
A line drawn from the southernmost (a) A line drawn from St. Simons
tank on Hilton Head Island charted in Light to the northernmost tank on Je-
approximate position latitude 3206.7 kyll Island charted in approximate po-
N. longitude 8049.3 W. to Bloody Point sition latitude 3105.9 N. longitude
Range Rear Light; thence to Tybee 8124.5 W.
Range Rear Light. (b) A line drawn from the southern-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- most tank on Jekyll Island charted in
designated by CGD 81017, 46 FR 28154, May approximate position latitude 3101.6
26, 1981, as amended by USCG20080179, 73 N. longitude 8125.2 W. to coordinate
FR 35002, June 19, 2008] latitude 3059.4 N. longitude 8123.7 W.
182
(0.5 nautical mile east of the charted (h) A line drawn from Boca Raton
position of St. Andrew Sound Lighted Inlet North Jetty Light 2 to Boca
Buoy 32); thence to the abandoned Raton Inlet South Jetty Light 1.
lighthouse tower on the north end of (i) A line drawn from Hillsboro Inlet
Little Cumberland Island charted in Light to Hillsboro Inlet Entrance Light
approximate position latitude 3058.5 2; thence to Hillsboro Inlet Entrance
N. longitude 8124.8 W. Light 1; thence west to the shoreline.
(c) A line drawn across the seaward (j) A line drawn across the seaward
extremity of the St. Marys River En- extremity of the Port Everglades En-
trance Jetties. trance Jetties.
(k) A line formed by the centerline of
80.723 Amelia Island, FL to Cape Ca-
naveral, FL. the highway bridge over Bakers
Haulover Inlet.
(a) A line drawn from the southern-
most extremity of Amelia Island to the [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
northeasternmost extremity of Little designated by CGD 81017, 46 FR 28154, May
Talbot Island.
7786, Mar. 6, 1986]
(b) A line formed by the centerline of
the highway bridge from Little Talbot 80.730 Miami Harbor, FL.
Island to Fort George Island.
A line drawn across the seaward ex-
(c) A line drawn across the seaward
extremity of the St. Johns River En- tremity of the Miami Harbor Govern-
trance Jetties. ment Cut Jetties.
(d) A line drawn across the seaward 80.735 Miami, FL to Long Key, FL.
extremity of the St. Augustine Inlet
Jetties. (a) A line drawn from the southern-
(e) A line formed by the centerline of most extremity of Fisher Island 212
the highway bridge over Matanzas true to the point latitude 2545.0 N.
Inlet. longitude 8008.6 W. on Virginia Key.
(f) A line drawn across the seaward (b) A line formed by the centerline of
extremity of the Ponce de Leon Inlet the highway bridge between Virginia
Jetties. Key and Key Biscayne.
(c) A line drawn from Cape Florida
80.727 Cape Canaveral, FL to Miami Light to the northernmost extremity
Beach, FL. on Soldier Key.
(a) A line drawn across the seaward (d) A line drawn from the southern-
extremity of the Port Canaveral En- most extremity on Soldier Key to the
trance Channel Jetties. northernmost extremity of the Ragged
(b) A line drawn across the seaward Keys.
extremity of the Sebastian Inlet Jet- (e) A line drawn from the Ragged
ties. Keys to the southernmost extremity of
(c) A line drawn across the seaward Angelfish Key following the general
extremity of the Fort Pierce Inlet Jet- trend of the seaward shoreline.
ties. (f) A line drawn on the centerline of
(d) A north-south line (longitude the Overseas Highway (U.S. 1) and
8009.7 W.) drawn across St. Lucie bridges from latitude 2519.3 N. lon-
Inlet. gitude 8016.0 W. at Little Angelfish
(e) A line drawn from the seaward ex- Creek to the radar dome charted on
tremity of Jupiter Inlet North Jetty to Long Key at approximate position lati-
the northeast extremity of the con- tude 2449.3 N. longitude 8049.2 W.
crete apron on the south side of Jupiter
Inlet. [CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
(f) A line drawn across the seaward
017, 46 FR 28154, May 26, 1981, as amended by
extremity of the Lake Worth Inlet Jet- CGD 84091, 51 FR 7786, Mar. 6, 1986; 51 FR
ties. 21748, June 16, 1986; CGD 89068, 55 FR 31831,
(g) A line drawn across the seaward Aug. 6, 1990]
extremity of the Boynton Inlet Jetties.
183
80.738 33 CFR Ch. I (7112 Edition)
PUERTO RICO AND VIRGIN ISLANDS and Marco Island except inside lines
specifically described in this part.
SEVENTH DISTRICT (c) A north-south line drawn at lon-
gitude 8120.2 W. across the entrance to
80.738 Puerto Rico and Virgin Is-
lands. Lopez River.
(d) A line drawn across the entrance
(a) Except inside lines specifically de- to Turner River parallel to the general
scribed in this section, the 72 trend of the shoreline.
COLREGS shall apply on all other (e) A line formed by the centerline of
bays, harbors and lagoons of Puerto Highway 92 Bridge at Goodland.
Rico and the U.S. Virgin Islands.
(b) A line drawn from Puerto San [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Juan Light to position 182830 N, designated by CGD 81017, 46 FR 28154, May
0660824 W, at the northwest extent of 26, 1981, as amended by CGD 84091, 51 FR
7786, Mar. 6, 1986]
Isla de Cabras across the entrance of
San Juan Harbor. 80.748 Cape Romano, FL to Sanibel
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- Island, FL.
designated by CGD 81017, 46 FR 28154, May (a) A line drawn across Big Marco
26, 1981, as amended by USCG20080179, 73
FR 35002, June 19, 2008]
Pass parallel to the general trend of
the seaward, highwater shoreline.
GULF COAST (b) A line drawn from the north-
westernmost extremity of Coconut Is-
SEVENTH DISTRICT land 000T across Capri Pass.
(c) Lines drawn across Hurricane and
80.740 Long Key, FL to Cape Sable, Little Marco Passes parallel to the
FL.
general trend of the seaward,
A line drawn from the microwave highwater shoreline.
tower charted on Long Key at approxi- (d) A line from the seaward extrem-
mate position latitude 2448.8 N. lon- ity of Gordon Pass South Jetty 014
gitude 8049.6 W. to Long Key Light 1; true to the shoreline at approximate
thence to Arsenic Bank Light 2; thence coordinate latitude 2605.7 N. longitude
to Sprigger Bank Light 5; thence to 8148.1 W.
Schooner Bank Light 6; thence to (e) A line drawn across the seaward
Oxfoot Bank Light 10; thence to East extremity of Doctors Pass Jetties.
Cape Light 2; thence through East Cape (f) Lines drawn across Wiggins, Big
Daybeacon 1A to the shoreline at East Hickory, New, and Big Carlos Passes
Cape. parallel to the general trend of the sea-
[CGD 84091, 51 FR 21748, June 16, 1986] ward highwater shoreland.
(g) A straight line drawn from
80.745 Cape Sable, FL to Cape Ro- Sanibel Island Light through Matanzas
mano, FL. Pass Channel Light 2 to the shore of
(a) A line drawn following the gen- Estero Island.
eral trend of the mainland, highwater [CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
shoreline from Cape Sable at East Cape 63169, Dec. 15, 1977, as amended by CGD 78
to Little Shark River Light 1; thence 052, 44 FR 69298, Dec. 3, 1979. Redesignated by
to westernmost extremity of Shark CGD 81017, 46 FR 28154, May 26, 1981, as
Point; thence following the general amended by CGD 84091, 51 FR 7786, Mar. 6,
trend of the mainland, highwater 1986]
shoreline crossing the entrances of
Harney River, Broad Creek, Broad 80.750 Sanibel Island, FL to St. Pe-
River, Rodgers River First Bay, Chat- tersburg, FL.
ham River, Huston River, to the shore- (a) A line formed by the centerline of
line at coordinate latitude 2541.8 N. the highway bridge over Blind Pass, be-
longitude 8117.9 W. tween Captiva Island and Sanibel Is-
(b) The 72 COLREGS shall apply to land, and lines drawn across Redfish
the waters surrounding the Ten Thou- and Captiva Passes parallel to the gen-
sand Islands and the bays, creeks, in- eral trend of the seaward, highwater
lets, and rivers between Chatham Bend shorelines.
184
(b) A line drawn from La Costa Test N. 8250.6 W; thence a straight line
Pile North Light to Port Boca Grande through Anclote River Cut B Range
Light. Rear Light to the shoreline.
(c) Lines drawn across Gasparilla and
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Stump Passes parallel to the general designated by CGD 81017, 46 FR 28154, May
trend of the seaward, highwater shore- 26, 1981, as amended by CGD 84091, 51 FR
lines. 21748, June 16, 1986; CGD 93071, 58 FR 65668,
(d) A line across the seaward extrem- Dec. 16, 1993]
ity of Venice Inlet Jetties.
(e) A line drawn across Midnight Pass 80.755 Anclote, FL to the Suncoast
parallel to the general trend of the sea- Keys, FL.
ward, highwater shoreline. (a) Except inside lines specifically de-
(f) A line drawn from Big Sarasota scribed in this section, the 72
Pass Light 14 to the southernmost ex- COLREGS shall apply on the bays, bay-
tremity of Lido Key. ous, creeks, marinas, and rivers from
(g) A line drawn across New Pass tan- Anclote to the Suncoast Keys.
gent to the seaward, highwater shore- (b) A north-south line drawn at lon-
line of Longboat Key. gitude 8238.3 W. across the
(h) A line drawn across Longboat Chassahowitzka River Entrance.
Pass parallel to the seaward, highwater
shoreline. 80.757 Suncoast Keys, FL to Horse-
(i) A line drawn from the north- shoe Point, FL.
westernmost extremity of Bean Point (a) Except inside lines specifically
to the southeasternmost extremity of decribed in this section, the 72
Egmont Key. COLREGS shall apply on the bays, bay-
(j) A straight line drawn from ous, creeks, and marinas from the
Egmont Key Light through Egmont Suncoast Keys to Horseshoe Point.
Channel Range Rear Light to the (b) A line formed by the centerline of
shoreline on Mullet Key. Highway 44 Bridge over the Salt River.
(k) A line drawn from the northern- (c) A north-south line drawn through
most extremity of Mullet Key across Crystal River Entrance Daybeacon 25
Bunces Pass and South Channel to across the river entrance.
Pass-a-Grille Channel Light 8; thence
(d) A north-south line drawn through
to Pass-a-Grille Channel Daybeacon 9;
the Cross Florida Barge Canal
thence to the southwesternmost ex-
Daybeacon 48 across the canal.
tremity of Long Key.
(e) A north-south line drawn through
[CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR Withlacoochee River Daybeacon 40
63169, Dec. 15, 1977. Redesignated by CGD 81 across the river.
017, 46 FR 28154, May 26, 1981, as amended by (f) A line drawn from the western-
CGD 84091, 51 FR 7787, Mar. 6, 1986; CGD 93
071, 58 FR 65668, Dec. 16, 1993]
most extremity of South Point north
to the shoreline across the Waccasassa
80.753 St. Petersburg, FL to the River Entrance.
Anclote, FL. (g) A line drawn from position lati-
(a) A line drawn across Blind Pass, tude 2916.6 N. longitude 8306.7 W. 300
between Treasure Island and Long Key, true to the shoreline of Hog Island.
parallel with the general trend of the (h) A north-south line drawn through
seaward, highwater shorline. Suwannee River Wadley Pass Channel
(b) Lines formed by the centerline of Daybeacons 30 and 31 across the Su-
the highway bridges over Johns and wannee River.
Clearwater Passes. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
(c) A line drawn across Dunedin and designated by CGD 81017, 46 FR 28154, May
Hurricane Passes parallel with the gen- 26, 1981, as amended by CGD 84091, 51 FR
eral trend of the seaward, highwater 7787, Mar. 6, 1986]
shoreline.
(d) A line drawn from the northern- 80.760 Horeshoe Point, FL to Rock Is-
most extremity of Honeymoon Island land, FL.
to Anclote Anchorage South Entrance (a) Except inside lines specifically de-
Light 7; thence to Anclote Key 2810.0 scribed provided in this section, the 72
185
80.805 33 CFR Ch. I (7112 Edition)
COLREGS shall apply on the bays, bay- St. Joseph Bay Entrance Range B
ous, creeks, marinas, and rivers from Front Light to St. Joseph Point.
Horseshoe Point to the Rock Islands. (b) A line drawn across the mouth of
(b) A north-south line drawn through Salt Creek as an extension of the gen-
Steinhatchee River Light 21. eral trend of the shoreline to continue
(c) A line drawn from Fenholloway across the inlet to St. Andrews sound
River Approach Light FR east across in the middle of Crooked Island.
the entrance to Fenholloway River. (c) A line drawn from the northern-
most extremity of Crooked Island 000
EIGHTH DISTRICT T. to the mainland.
(d) A line drawn from the eastern-
80.805 Rock Island, FL to Cape San most extremity of Shell Island 120
Blas, FL. true to the shoreline across the east
(a) A south-north line drawn from entrance to St. Andrews Bay.
the Econfina River Light to the oppo- (e) A line drawn between the seaward
site shore. end of the St. Andrews Bay Entrance
(b) A line drawn from Gamble Point Jetties.
Light to the southernmost extremity (f) A line drawn between the seaward
of Cabell Point. end of the Choctawatchee Bay En-
(c) A line drawn from St. Marks trance Jetties.
Range Rear Light to St. Marks Chan- (g) An east-west line drawn from
nel Light 11; thence to the southern- Fort McRee Leading Light across the
most extremity of Live Oak Point; Pensacola Bay Entrance along latitude
thence in a straight line through Shell 3019.5 N.
Point Light to the southernmost ex- (h) A line drawn between the seaward
tremity of Ochlockonee Point; thence end of the Perdido Pass Jetties.
to Bald Point along longitude 8420.5 [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
W. designated by CGD 81017, 46 FR 28154, May
(d) A line drawn from the south shore 26, 1981, as amended by CGD 84091, 51 FR
of Southwest Cape at longitude 8422.7 7787, Mar. 6, 1986]
W. to Dog Island Reef East Light 1;
thence to Turkey Point Light 2; thence 80.815 Mobile Bay, AL to the
to the easternmost extremity of Dog Chandeleur Islands, LA.
Island. (a) A line drawn across the inlets to
(e) A line drawn from the western- Little Lagoon as an extension of the
most extremity of Dog Island to the general trend of the shoreline.
easternmost extremity of St. George (b) A line drawn from Mobile Point
Island. Light to Dauphin Island Channel Light
(f) A line drawn across the seaward No. 1 to the eastern corner of Fort
extremity of the St. George Island Gaines at Pelican Point.
Channel Jetties. (c) A line drawn from the western-
(g) A line drawn from the north- most extremity of Dauphin Island to
westernmost extremity of Sand Island the easternmost extremity of Petit
to West Pass Light 7. Bois Island.
(h) A line drawn from the western- (d) A line drawn from Horn Island
most extremity of St. Vincent Island Pass Entrance Range Front Light on
to the southeast, highwater shoreline Petit Bois Island to the easternmost
of Indian Peninsula at Longitude extremity of Horn Island.
8513.5 W. (e) An east-west line (latitude 3014.7
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
N.) drawn between the westernmost ex-
designated by CGD 81017, 46 FR 28154, May tremity of Horn Island to the eastern-
26, 1981, as amended by CGD 84091, 51 FR most extremity of Ship Island.
7787, Mar. 6, 1986; USCG20080179, 73 FR (f) A curved line drawn following the
35002, June 19, 2008] general trend of the seaward,
highwater shoreline of Ship Island.
80.810 Cape San Blas, FL to Perdido (g) A line drawn from the Ship Island
Bay, FL. Light to Chandeleur Light; thence in a
(a) A line drawn from St. Joseph Bay curved line following the general trend
Entrance Range A Rear Light through of the seaward, highwater shorelines of
186
the Chandeleur Islands to the island at longitude 8924.3 W.; thence a curved
latitude 2944.1 N., longitude 8853.0 line following the general trend of the
W.; thence to latitude 2926.5 N., lon- highwater shoreline to Point Au Fer Is-
gitude 8855.6 W. land except as otherwise described in
this section.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May (b) A line drawn across the seaward
26, 1981, as amended by CGD 84091, 51 FR extremity of the Empire Waterway
7787, Mar. 6, 1986; CGD 89068, 55 FR 31831, (Bayou Fontanelle) entrance jetties.
Aug. 6, 1990; 55 FR 33577, Aug. 14, 1990] (c) An east-west line drawn from the
westernmost extremity of Grand Terre
80.825 Mississippi Passes, LA. Islands in the direction of 194 true to
(a) A line drawn from latitude 2926.5 the Grand Isle Fishing Jetty Light.
N., longitude 8855.6 W. to latitude (d) A line drawn between the seaward
2910.6 N., longitude 8859.8 W.; thence extremity of the Belle Pass Jetties.
to latitude 2903.5 N., longitude 8903.7 (e) A line drawn from the western-
W.; thence to latitude 2858.8 N., lon- most extremity of the Timbalier Island
gitude 8904.3 W. to the easternmost extremity of Isles
(b) A line drawn from latitude 2858.8 Dernieres.
N., longitude 8904.3 W.; to latitude (f) A south-north line drawn from
2857.3 N., longitude 8905.3 W.; thence Caillou Bay Light 13 across Caillou
to latitude 2856.95 N., longitude 8905.6 Boca.
W.; thence to latitude 2900.4 N., lon- (g) A line drawn 107 true from
gitude 8909.8 W.; thence following the Caillou Bay Boat Landing Light across
general trend of the seaward highwater the entrances to Grand Bayou du Large
shoreline in a northwesterly direction and Bayou Grand Caillou.
to latitude 2903.4 N., longitude 8913.0 (h) A line drawn on an axis of 103
W.; thence west to latitude 2903.5 N., true through Taylors Bayou Entrance
longitude 8915.5 W.; thence following Light 2 across the entrances to Jack
the general trend of the seaward Stout Bayou, Taylors Bayou, Pelican
highwater shoreline in a southwesterly Pass, and Bayou de West.
direction to latitude 2857.7 N., lon-
gitude 8922.3 W. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
(c) A line drawn from latitude 2857.7 designated by CGD 81017, 46 FR 28154, May
N., longitude 8922.3 W.; to latitude 26, 1981, as amended by CGD 84091, 51 FR
7787, Mar. 6, 1986]
2851.4 N., longitude 8924.5 W.; thence
to latitude 2852.65 N., longitude 80.835 Point Au Fer, LA to Calcasieu
8927.1 W.; thence to the seaward ex- Pass, LA.
tremity of the Southwest Pass West
Jetty located at latitude 2854.5 N., (a) A line drawn from Point Au Fer
longitude 8926.1 W. to Atchafalaya Channel Light 34, to
Point Au Fer Reef Light 33; thence to
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- Atchafalaya Bay Pipeline Light D lati-
designated by CGD 81017, 46 FR 28154, May tude 2925.0 N. longitude 9131.7 W.;
26, 1981, as amended by CGD 84091, 51 FR
7787, Mar. 6, 1986; CGD 89068, 55 FR 31831,
thence to Atchafalaya Bay Light 1 lati-
Aug. 6, 1990; USCG20120306, 77 FR 37312, tude 2925.3 N. longitude 9135.8 W.;
June 21, 2012] thence to South Point.
(b) Lines following the general trend
80.830 Mississippi Passes, LA to of the highwater shoreline drawn
Point Au Fer, LA. across the bayou and canal inlets from
(a) A line drawn from the seaward ex- the Gulf of Mexico between South
tremity of the Southwest Pass West Point and Calcasieu Pass except as oth-
Jetty located at coordinate latitude erwise described in this section.
2854.5 N. longitude 8926.1 W.; thence (c) A line drawn on an axis of 140
following the general trend of the sea- true through Southwest Pass
ward, highwater jetty and shoreline in Vermillion Bay Light 4 across South-
a north, northeasterly direction to Old west Pass.
Tower latitude 2858.8 N. longitude (d) A line drawn across the seaward
8923.3 W.; thence to West Bay light; extremity of the Freshwater Bayou
thence to coordinate latitude 2905.2 N. Canal Entrance Jetties.
187
80.840 33 CFR Ch. I (7112 Edition)
(e) A line drawn from Mermentau Bay, Cedar Bayou, Corpus Christi Bay,
Channel East Jetty Light 6 to and Laguna Madre.
Mermentau Channel West Jetty Light (b) A line drawn across the seaward
7. extremity of Matagorda Ship Channel
(f) A line drawn from the radio tower North Jetties.
charted in approximate position lati- (c) A line drawn from the seaward
tude 2945.7 N. longitude 9306.3 W. 115 tangent of Matagorda Peninsula at
true across Mermentau Pass. Decros Point to Matagorda Light.
(g) A line drawn across the seaward (d) A line drawn across the seaward
extremity of the Calcasieu Pass Jet- extremity of the Aransas Pass Jetties.
ties. (e) A line drawn across the seaward
extremity of the Port Mansfield En-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May trance Jetties.
26, 1981, as amended by CGD 84091, 51 FR (f) A line drawn across the seaward
7787, Mar. 6, 1986] extremity of the Brazos Santiago Pass
Jetties.
80.840 Sabine Pass, TX to Galveston,
TX. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May
(a) A line drawn from the Sabine 26, 1981, as amended by CGD 84091, 51 FR
Pass East Jetty Light to the seaward 7787, Mar. 6, 1986]
end of the Sabine Pass West Jetty.
(b) Lines drawn across the small boat PACIFIC COAST
passes through the Sabine Pass East
ELEVENTH DISTRICT
and West Jetties.
(c) A line formed by the centerline of 80.1102 Santa Catalina Island, CA.
the highway bridge over Rollover Pass
at Gilchrist. The 72 COLREGS shall apply to the
harbors on Santa Catalina Island.
80.845 Galveston, TX to Freeport, TX. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
(a) A line drawn from Galveston designated by CGD 81017, 46 FR 28154, May
North Jetty Light 6A to Galveston 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987]
South Jetty Light 5A.
(b) A line formed by the centerline of 80.1104 San Diego Harbor, CA.
the highway bridge over San Luis Pass.
A line drawn from Zuniga Jetty
(c) Lines formed by the centerlines of
Light V to Zuniga Jetty Light Z;
the highway bridges over the inlets to
thence to Point Loma Light.
Christmas Bay (Cedar Cut) and Drum
Bay. [CGD 84091, 51 FR 7787, Mar. 6, 1986. Redesig-
(d) A line drawn from the seaward ex- nated by CGD 87008b, 52 FR 25218, July 6,
tremity of the Freeport North Jetty to 1987]
Freeport Entrance Light 6; thence
80.1106 Mission Bay, CA.
Freeport Entrance Light 7; thence the
seaward extremity of Freeport South A line drawn from Mission Bay South
Jetty. Jetty Light 2 to Mission Bay North
Jetty Light 1.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
26, 1981, as amended by CGD 84091, 51 FR designated by CGD 81017, 46 FR 28154, May
7787, Mar. 6, 1986] 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987]
80.850 Brazos River, TX to the Rio
Grande, TX. 80.1108 Oceanside Harbor, CA.
(a) Except as otherwise described in A line drawn from Oceanside South
this section lines drawn continuing the Jetty Light 4 to Oceanside Breakwater
general trend of the seaward, Light 3.
highwater shorelines across the inlets [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
to Brazos River Diversion Channel, San designated by CGD 81017, 46 FR 28154, May
Bernard River, Cedar Lakes, Brown 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
Cedar Cut, Colorado River, Matagorda 1987]
188
80.1110 Dana Point Harbor, CA. (c) A line drawn from Marina Del Rey
Light 4 to the seaward extremity of the
A line drawn from Dana Point Jetty
Ballona Creek South Jetty.
Light 6 to Dana Point Breakwater
Light 5. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
designated by CGD 81017, 46 FR 28154, May 1987]
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] 80.1120 Port Hueneme, CA.
(a) A line drawn from Port Hueneme
80.1112 Newport Bay, CA. East Jetty Light 4 to Port Hueneme
A line drawn from Newport Bay East West Jetty Light 3.
Jetty Light 4 to Newport Bay West [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Jetty Light 3. designated by CGD 81017, 46 FR 28154, May
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- 1987]
26, 1981, and CGD 87008b, 52 FR 25218, July 6, 80.1122 Channel Islands Harbor, CA.
1987]
(a) A line drawn from Channel Is-
80.1114 San Pedro BayAnaheim lands Harbor South Jetty Light 2 to
Bay, CA. Channel Islands Harbor Breakwater
South Light 1.
(a) A line drawn across the seaward (b) A line drawn from Channel Is-
extremities of the Anaheim Bay En- lands Harbor Breakwater North Light
trance Jetties; thence to Long Beach to Channel Islands Harbor North Jetty
Breakwater East End Light 1. Light 5.
(b) A line drawn from Long Beach
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
Channel Entrance Light 2 to Long
Beach Light. 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
(c) A line drawn from Los Angeles 1987]
Main Entrance Channel Light 2 to Los
Angeles Light. 80.1124 Ventura Marina, CA.
A line drawn from Ventura Marina
[CGD 77118a, 42 FR 35784, July 11, 1977. Re-
South Jetty Light 6 to Ventura Marina
26, 1981, as amended by CGD 84091, 51 FR Breakwater South Light 3; thence to
7787, Mar. 6, 1986. Further redesignated by Ventura Marina North Jetty Light 7.
CGD 87008b, 52 FR 25218, July 6, 1987] [CGD 84091, 51 FR 7787, Mar. 6, 1986. Redesig-
80.1116 Redondo Harbor, CA. 1987]
A line drawn from Redondo Beach
80.1126 Santa Barbara Harbor, CA.
East Jetty Light 2 to Redondo Beach
West Jetty Light 3. A line drawn from Santa Barbara
Harbor Light 4 to Santa Barbara Har-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- bor Breakwater Light.
26, 1981, and CGD 87008b, 52 FR 25218, July 6, [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
1987] designated by CGD 81017, 46 FR 28154, May
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987]
80.1118 Marina Del Rey, CA.
(a) A line drawn from Marina Del Rey 80.1130 San Luis Obispo Bay, CA.
Breakwater South Light 1 to Marina A line drawn from the southernmost
Del Rey Light 4. extremity of Fossil Point to the sea-
(b) A line drawn from Marina Del Rey ward extremity of Whaler Island
Breakwater North Light 2 to Marina Breakwater.
Del Rey Light 3. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987]
189
80.1132 33 CFR Ch. I (7112 Edition)
80.1132 Estero-Morro Bay, CA. 80.1144 Bodega and Tomales Bay, CA.
A line drawn from the seaward ex- (a) An east-west line drawn from
tremity of the Morro Bay East Break- Sand Point to Avalis Beach.
water to the Morro Bay West Break- (b) A line drawn from the seaward ex-
water Light. tremity of Bodega Harbor North Break-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- water to Bodega Harbor Entrance
designated by CGD 81017, 46 FR 28154, May Light 1.
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] [CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
80.1134 Monterey Harbor, CA. 017, 46 FR 28154, May 26, 1981, and CGD 87
008b, 52 FR 25218, July 6, 1987]
A line drawn from Monterey Harbor
Light 6 to the northern extremity of 80.1146 Albion River, CA.
Monterey Municipal Wharf 2.
A line drawn on an axis of 030 true
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- through Albion River Light 1 across
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
Albion Cove.
1987] [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
80.1136 Moss Landing Harbor, CA. 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
A line drawn from the seaward ex- 1987]
tremity of the pier located 0.3 mile
south of Moss Landing Harbor En- 80.1148 Noyo River, CA.
trance to the seaward extremity of the A line drawn from Noyo River En-
Moss Landing Harbor North Break- trance Daybeacon 4 to Noyo River En-
water. trance Light 5.
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
designated by CGD 81017, 46 FR 28154, May designated by CGD 81017, 46 FR 28154, May
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987]
1987]
80.1138 Santa Cruz Harbor, CA.
80.1150 Arcata-Humboldt Bay, CA.
A line drawn from the seaward ex-
tremity of the Santa Cruz Harbor East A line drawn from Humboldt Bay En-
Breakwater to Santa Cruz Harbor West trance Light 4 to Humboldt Bay En-
Breakwater Light; thence to Santa trance Light 3.
Cruz Light. [CGD 77118a, 42 FR 35784, July 11, 1977. Re-
[CGD 84091, 51 FR 21748, June 16, 1986. Redes- designated by CGD 81017, 46 FR 28154, May
ignated by CGD 87008b, 52 FR 25218, July 6, 26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] 1987]
80.1140 Pillar Point Harbor, CA. 80.1152 Crescent City Harbor, CA.
A line drawn from Pillar Point Har- A line drawn from Crescent City En-
bor Light 6 to Pillar Point Harbor En- trance Light to the southeasternmost
trance Light. extremity of Whaler Island.
[CGD 84091, 51 FR 7788, Mar. 6, 1986. Redesig- [CGD 84091, 51 FR 7788, Mar. 6, 1986. Redesig-
nated by CGD 87008b, 52 FR 25218, July 6, nated by CGD 87008b, 52 FR 25218, July 6,
1987] 1987]
80.1142 San Francisco Harbor, CA. THIRTEENTH DISTRICT
A straight line drawn from Point
Bonita Light through Mile Rocks Light 80.1305 Chetco River, OR.
to the shore. A line drawn across the seaward ex-
[CGD 77118a, 42 FR 35784, July 11, 1977. Re- tremities of the Chetco River Entrance
designated by CGD 81017, 46 FR 28154, May Jetties.
26, 1981, and CGD 87008b, 52 FR 25218, July 6,
1987] [CGD 84091, 51 FR 7788, Mar. 6, 1986]
190
80.1310 Rogue River, OR. 80.1355 Tillamook Bay, OR.

A line drawn across the seaward ex- A line drawn across the seaward ex-
tremities of the Rogue River Entrance tremities of the Tillamook Bay En-
Jetties. trance Jetties.
[CGD 84091, 51 FR 7788, Mar. 6, 1986] [CGD 84091, 51 FR 7788, Mar. 6, 1986]
80.1315 Coquille River, OR. 80.1360 Nehalem River, OR.

A line drawn across the seaward ex- A line drawn approximately parallel
tremities of the Coquille River En- with the general trend of the highwater
trance Jetties. shoreline across the Nehalem River En-
[CGD 84091, 51 FR 7788, Mar. 6, 1986] trance.
80.1320 Coos Bay, OR. 80.1365 Columbia River Entrance,

OR/WA.
tremities of the Coos Bay Entrance A line drawn from the seaward ex-
Jetties. tremity of the Columbia River North
Jetty (above water) 155 true to the
[CGD 84091, 51 FR 7788, Mar. 6, 1986] seaward extremity of the Columbia
River South Jetty (above water).
80.1325 Umpqua River, OR.
A line drawn across the seaward ex- 80.1370 Willapa Bay, WA.
tremities of the Umpqua River En- A line drawn from Willapa Bay Light
trance Jetties. 169.8 true to the westernmost tripod
[CGD 84091, 51 FR 7788, Mar. 6, 1986] charted 1.6 miles south of Leadbetter
Point.
80.1330 Siuslaw River, OR.
[CGD 89068, 55 FR 31831, Aug. 6, 1990]
tremities of the Siuslaw River En- 80.1375 Grays Harbor, WA.
trance Jetties. A line drawn across the seaward ex-
[CGD 84091, 51 FR 7788, Mar. 6, 1986] tremities (above water) of the Grays
Harbor Entrance Jetties.
80.1335 Alsea Bay, OR.
[CGD 84091, 51 FR 7788, Mar. 6, 1986]
A line drawn from the seaward shore-
line on the north of the Alsea Bay En- 80.1380 Quillayute River, WA.
trance 165 true across the channel en-
A line drawn from the seaward ex-
trance.
tremity of the Quillayute River En-
80.1340 Yaquina Bay, OR. trance East Jetty to the overhead
power cable tower charted on James Is-
A line drawn across the seaward ex- land; thence a straight line through
tremities of the Yaquina Bay Entrance Quillayute River Entrance Light 3 to
Jetties.
the shoreline.
[CGD 84091, 51 FR 7788, Mar. 6, 1986]
80.1385 Strait of Juan de Fuca.
80.1345 Depoe Bay, OR. The 72 COLREGS shall apply on all
A line drawn across the Depoe Bay waters of the Strait of Juan de Fuca.
Channel entrance parallel with the
[CGD 81087, 46 FR 61457, Dec. 17, 1981; 47 FR
general trend of the highwater shore-
3351, Jan. 25, 1982, and 49 FR 3177, Jan. 26,
line. 1984]
80.1350 Netarts Bay, OR.
A line drawn from the northernmost
extremity of the shore on the south
side of Netarts Bay north to the oppo-
site shoreline.
191
80.1390 33 CFR Ch. I (7112 Edition)
80.1390 Haro Strait and Strait of 80.1460 Kahului Harbor, Maui, HI.
Georgia.
A line drawn from Kahului Harbor
The 72 COLREGS shall apply on all Entrance East Breakwater Light to
waters of the Haro Strait and the Kahului Harbor Entrance West Break-
Strait of Georgia. water Light.
[CGD 81087, 46 FR 61457, Dec. 17, 1981; 47 FR [CGD 89068, 55 FR 31832, Aug. 6, 1990]
3351, Jan. 25, 1982, and 49 FR 3177, Jan. 26,
1984] 80.1470 Kawaihae Harbor, Hawaii,
HI.
80.1395 Puget Sound and adjacent
waters. A line drawn from Kawaihae Light to
the seaward extremity of the Kawaihae
The 72 COLREGS shall apply on all South Breakwater.
waters of Puget Sound and adjacent
waters, including Lake Union, Lake 80.1480 Hilo Harbor, Hawaii, HI.
Washington, Hood Canal, and all tribu-
taries. A line drawn from the seaward ex-
tremity of the Hilo Breakwater 265
[CGD 81087, 46 FR 61457, Dec. 17, 1981; 47 FR true (as an extension of the seaward
3351, Jan. 25, 1982, and 49 FR 3177, Jan. 26, side of the breakwater) to the shoreline
1984]
0.2 nautical mile north of Alealea
PACIFIC ISLANDS Point.
FOURTEENTH DISTRICT
80.1490 Apra Harbor, U.S. Territory
of Guam.
80.1410 Hawaiian Island Exemption A line drawn from the westernmost
from General Rule. extremity of Orote Island to the west-
Except as provided elsewhere in this ernmost extremity of Glass Break-
part for Mamala Bay and Kaneohe Bay water.
on Oahu; Port Allen and Nawiliwili
Bay on Kauai; Kahului Harbor on Maui; 80.1495 U.S. Pacific Island Posses-
sions.
and Kawailae and Hilo Harbors on Ha-
waii, the 72 COLREGS shall apply on The 72 COLREGS shall apply on the
all other bays, harbors, and lagoons of bays, harbors, lagoons, and waters sur-
the Hawaiian Island (including Mid- rounding the U.S. Pacific Island Pos-
way). sessions of American Samoa, Baker,
Howland, Jarvis, Johnson, Palmyra,
80.1420 Mamala Bay, Oahu, HI. Swains and Wake Islands.
A line drawn from Barbers Point [CGD 94011, 63 FR 5731, Feb. 4, 1998]
Light to Diamond Head Light.
ALASKA
80.1430 Kaneohe Bay, Oahu, HI.
A straight line drawn from Pyramid SEVENTEENTH DISTRICT
Rock Light across Kaneohe Bay
through the center of Mokolii Island to 80.1705 Alaska.
the shoreline. The 72 COLREGS shall apply on all
the sounds, bays, harbors, and inlets of
80.1440 Port Allen, Kauai, HI. Alaska.
A line drawn from Hanapepe Light to [CGD 79036, 44 FR 22458, Apr. 16, 1979. Redes-
Hanapepe Bay Breakwater Light. ignated by CGD 81017, 46 FR 28154, May 26,
1981]
[CGD 77118a, 42 FR 35784, July 11, 1977; 42 FR
017, 46 FR 28154, May 26, 1981] PART 8172 COLREGS:
IMPLEMENTING RULES
80.1450 Nawiliwili Harbor, Kauai, HI.
A line drawn from Nawiliwili Harbor Sec.
Breakwater Light to Kukii Point 81.1 Definitions.
Light. 81.3 General.
192
ALTERNATIVE COMPLIANCE of Management and Budget under OMB
81.5 Application for a Certificate of Alter- control No. 16250019.
native Compliance.
[CGD 77136, 47 FR 13799, Apr. 1, 1982, as
81.9 Certificate of Alternative Compliance:
Contents. amended by USCG200625150, 71 FR 39208,
81.17 Certificate of Alternative Compliance: July 12, 2006]
Termination.
81.18 Notice and record of certification of ALTERNATIVE COMPLIANCE
vessels of special construction or pur-
pose. 81.5 Application for a Certificate of
Alternative Compliance.
EXEMPTIONS
(a) The owner, builder, operator, or
81.20 Lights and sound signal appliances. agent of a vessel of special construc-
AUTHORITY: 33 U.S.C. 1607; E.O. 11964; 49 tion or purpose who believes the vessel
CFR 1.46. cannot fully comply with the 72
SOURCE: CGD 76130, 42 FR 17111, Mar. 31, COLREGS light, shape, or sound signal
1977, unless otherwise noted. Redesignated provisions without interference with
by CGD 81017, 46 FR 28154, May 26, 1981. its special function may apply for a de-
termination that alternative compli-
81.1 Definitions. ance is justified. The application must
As used in this part: be in writing, submitted to the Chief of
72 COLREGS refers to the Inter- the Marine Safety Division of the
national Regulations for Preventing Coast Guard District in which the ves-
Collisions at Sea, 1972, done at London, sel is being built or operated, and in-
October 20, 1972, as rectified by the clude the following information:
Proces-Verbal of December 1, 1973, as (1) The name, address, and telephone
amended. number of the applicant.
A vessel of special construction or pur- (2) The identification of the vessel by
pose means a vessel designed or modi- its:
fied to perform a special function and (i) Official number;
whose arrangement is thereby made
(ii) Shipyard hull number;
relatively inflexible.
Interference with the special function of (iii) Hull identification number; or
the vessel occurs when installation or (iv) State number, if the vessel does
use of lights, shapes, or sound-sig- not have an official number or hull
naling appliances under 72 COLREGS identification number.
prevents or significantly hinders the (3) Vessel name and home port, if
operation in which the vessel is usually known.
engaged. (4) A description of the vessels area
of operation.
[CGD 77136, 47 FR 13799, Apr. 1, 1982]
(5) A description of the provision for
81.3 General. which the Certificate of Alternative
Compliance is sought, including:
Vessels of special construction or
purpose which cannot fully comply (i) The 72 COLREGS Rule or Annex
with the light, shape, and sound signal section number for which the Certifi-
provisions of 72 COLREGS without cate of Alternative Compliance is
interfering with their special function sought;
may instead meet alternative require- (ii) A description of the special func-
ments. The Chief of the Marine Safety tion of the vessel that would be inter-
Division in each Coast Guard District fered with by full compliance with the
Office makes this determination and provision of that Rule or Annex sec-
requires that alternative compliance tion; and
be as close as possible with the 72 (iii) A statement of how full compli-
COLREGS. These regulations set out ance would interfere with the special
the procedure by which a vessel may be function of the vessel.
certified for alternative compliance. (6) A description of the alternative
The information collection and record- installation that is in closest possible
keeping requirements in 81.5 and compliance with the applicable 72
81.18 have been approved by the Office COLREGS Rule or Annex section.
193
(7) A copy of the vessels plans or an engaged in the operation for which the
accurate scale drawing that clearly certificate is issued.
shows:
[CGD 77136, 47 FR 13800, Apr. 1, 1982]
(i) The required installation of the
equipment under the 72 COLREGS, 81.17 Certificate of Alternative Com-
(ii) The proposed installation of the pliance: Termination.
equipment for which certification is The Certificate of Alternative Com-
being sought, and pliance terminates if the information
(iii) Any obstructions that may supplied under 81.5(a) or the Certifi-
interfere with the equipment when in- cate issued under 81.9 is no longer ap-
stalled in: plicable to the vessel.
(A) The required location; and
[CGD 77136, 47 FR 13800, Apr. 1, 1982]
(B) The proposed location.
(b) The Coast Guard may request 81.18 Notice and record of certifi-
from the applicant additional informa- cation of vessels of special con-
tion concerning the application. struction or purpose.
(Approved by the Office of Management and (a) In accordance with 33 U.S.C.
Budget under control number 16250019) 1605(c), a notice is published in the
FEDERAL REGISTER of the following:
[CGD 77136, 47 FR 13799, Apr. 1, 1982, as
amended by USCG200625150, 71 FR 39208, (1) Each Certificate of Alternative
July 12, 2006] Compliance issued under 81.9; and
(2) Each Coast Guard vessel deter-
81.9 Certificate of Alternative Com- mined by the Commandant to be a ves-
pliance: Contents. sel of special construction or purpose.
The Chief of the Marine Safety Divi- (b) Copies of Certificate of Alter-
sion issues the Certificate of Alter- native Compliance and documentation
native Compliance to the vessel based concerning Coast Guard vessels are
on a determination that it cannot com- available for inspection at Marine
ply fully with 72 COLREGS light, Safety, Security and Environmental
shape, and sound signal provisions Protection, U.S. Coast Guard Head-
without interference with its special quarters, (CG5), 2100 2nd St., SW., Stop
function. This Certificate includes 7355, Washington, DC 205937355.
(a) Identification of the vessel as sup- (c) The owner or operator of a vessel
plied in the application under issued a Certificate shall ensure that
81.5(a)(2); the vessel does not operate unless the
Certificate of Alternative Compliance
(b) The provision of the 72 COLREGS
or a certified copy of that Certificate is
for which the Certificate authorizes al-
on board the vessel and available for
ternative compliance;
inspection by Coast Guard personnel.
(c) A certification that the vessel is
unable to comply fully with the 72 (Approved by the Office of Management and
COLREGS lights, shape, and sound sig- Budget under control number 16250019)
nal requirements without interference [CGD 77136, 47 FR 13800, Apr. 1, 1982, as
with its special function; amended by CGD 88052, 53 FR 25119, July 1,
(d) A statement of why full compli- 1988; CGD 96026, 61 FR 33663, June 28, 1996;
ance would interfere with the special CGD 7882, 43 FR 54186, Nov. 20, 1978; USCG
200625150, 71 FR 39208, July 12, 2006; USCG
function of the vessel;
20100351, 75 FR 36281, June 25, 2010]
(e) The required alternative installa-
tion; EXEMPTIONS
(f) A statement that the required al-
ternative installation is in the closest 81.20 Lights and sound signal appli-
possible compliance with the 72 ances.
COLREGS without interfering with the Each vessel under the 72 COLREGS,
special function of the vessel; except the vessels of the Navy, is ex-
(g) The date of issuance; empt from the requirements of the 72
(h) A statement that the Certificate COLREGS to the limitation for the pe-
of Alternative Compliance terminates riod of time stated in Rule 38 (a), (b),
when the vessel ceases to be usually (c), (d), (e), (f), and (g) if:
194
(a) Her keel is laid or is at a cor- nected in a composite unit, they are re-
responding stage of construction before garded as a power-driven vessel and
July 15, 1977; and must exhibit the lights under Rule 23.
(b) She meets the International Reg- A composite unit is interpreted to be
ulations for Preventing Collisions at a pushing vessel that is rigidly con-
Sea, 1960 (77 Stat. 194, 33 U.S.C. 1051 nected by mechanical means to a ves-
1094). sel being pushed so they react to sea
[CGD 76133, 42 FR 35792, July 11, 1977. Redes- and swell as one vessel. Mechanical
ignated at CGD 81017, 46 FR 28154, May 26, means does not include the following:
1981] (a) Lines.
(b) Hawsers.
PART 8272 COLREGS: (c) Wires.
INTERPRETATIVE RULES (d) Chains.
[CGD 76133, 42 FR 35792, July 11, 1977. Redes-
Sec. ignated by CGD 81017, 46 FR 28154, May 26,
82.1 Purpose. 1981]
82.3 Pushing vessel and vessel being pushed:
Composite unit.
82.5 Lights for moored vessels.
82.5 Lights for moored vessels.
82.7 Sidelights for unmanned barges. For the purposes of Rule 30 of the 72
AUTHORITY: 14 U.S.C. 2, 633; 33 U.S.C. 1602; COLREGS, a vessel at anchor includes a
E.O. 11964, 42 FR 4327, 3 CFR, 1977 Comp., p. barge made fast to one or more moor-
88; 49 CFR 1.46(n). ing buoys or other similar device at-
tached to the sea or river floor. Such a
82.1 Purpose. barge may be lighted as a vessel at an-
This part contains the interpretative chor in accordance with Rule 30, or
rules concerning the 72 COLREGS that may be lighted on the corners in ac-
are adopted by the Coast Guard for the cordance with 33 CFR 88.13.
guidance of the public. [CGD 94011, 63 FR 5731, Feb. 4, 1998]
[CGD 76133, 42 FR 35792, July 11, 1977. Redes-
ignated by CGD 81017, 46 FR 28154, May 26, 82.7 Sidelights for unmanned barges.
1981]
An unmanned barge being towed may
82.3 Pushing vessel and vessel being use the exception of COLREGS Rule
pushed: Composite unit. 24(h). However, this exception only ap-
plies to the vertical sector require-
Rule 24(b) of the 72 COLREGS states
ments.
that when a pushing vessel and a vessel
being pushed ahead are rigidly con- [CGD 94011, 63 FR 5731, Feb. 4, 1998]
195
SUBCHAPTER EINLAND NAVIGATION RULES
PART 83RULES 83.34 Maneuvering and warning signals

(Rule 34).
83.35 Sound signals in restricted visibility
Subpart AGeneral (Rule 35).
Sec. 83.36 Signals to attract attention (Rule 36).
83.01 Application (Rule 1). 83.37 Distress signals (Rule 37).
83.02 Responsibility (Rule 2).
83.03 Definitions (Rule 3). Subpart EExemptions
83.38 Exemptions (Rule 38).
Subpart BSteering and Sailing Rules
AUTHORITY: Sec. 303, Pub. L. 108293, 118
CONDUCT OF VESSELS IN ANY CONDITION OF Stat. 1028 (33 U.S.C. 2001); Department of
VISIBILITY Homeland Security Delegation No. 0170.1.
83.04 Application (Rule 4). SOURCE: USCG20090948, 75 FR 19546, Apr.
83.05 Look-out (Rule 5). 15, 2010, unless otherwise noted.
83.06 Safe speed (Rule 6).
83.07 Risk of collision (Rule 7).
83.08 Action to avoid collision (Rule 8). Subpart AGeneral
83.09 Narrow channels (Rule 9).
83.10 Traffic separation schemes (Rule 10). 83.01 Application (Rule 1).
CONDUCT OF VESSELS IN SIGHT OF ONE (a) United States inland waters and Ca-
ANOTHER nadian waters of the Great Lakes. These
Rules apply to all vessels upon the in-
83.11 Application (Rule 11).
83.12 Sailing vessels (Rule 12).
land waters of the United States, and
83.13 Overtaking (Rule 13). to vessels of the United States on the
83.14 Head-on situation (Rule 14). Canadian waters of the Great Lakes to
83.15 Crossing situation (Rule 15). the extent that there is no conflict
83.16 Action by give-way vessel (Rule 16). with Canadian law.
83.17 Action by stand-on vessel (Rule 17). (b) International Regulations.
83.18 Responsibilities between vessels (Rule (1) These Rules constitute special
18).
rules made by an appropriate authority
CONDUCT OF VESSELS IN RESTRICTED within the meaning of Rule 1(b) of the
VISIBILITY International Regulations.
83.19 Conduct of vessels in restricted visi- (2) All vessels complying with the
bility (Rule 19). construction and equipment require-
ments of the International Regulations
Subpart CLights and Shapes are considered to be in compliance
with these Rules.
83.20 Application (Rule 20).
(c) Special rules. Nothing in these
83.21 Definitions (Rule 21).
83.22 Visibility of lights (Rule 22). Rules shall interfere with the oper-
83.23 Power-driven vessels underway (Rule ation of any special rules made by the
23). Secretary of the Navy with respect to
83.24 Towing and pushing (Rule 24). additional station or signal lights and
83.25 Sailing vessels underway and vessels shapes or whistle signals for ships of
under oars (Rule 25). war and vessels proceeding under con-
83.26 Fishing vessels (Rule 26). voy, or by the Secretary with respect
83.27 Vessels not under command or re-
to additional station or signal lights
stricted in their ability to maneuver
(Rule 27). and shapes for fishing vessels engaged
83.28 [Reserved](Rule 28). in fishing as a fleet. These additional
83.29 Pilot vessels (Rule 29). station or signal lights and shapes or
83.30 Anchored vessels and vessels aground whistle signals shall, so far as possible,
(Rule 30). be such that they cannot be mistaken
83.31 Seaplanes (Rule 31). for any light, shape, or signal author-
ized elsewhere under these Rules. No-
Subpart DSound and Light Signals tice of such special rules shall be pub-
83.32 Definitions (Rule 32). lished in the FEDERAL REGISTER and,
83.33 Equipment for sound signals (Rule 33). after the effective date specified in
196
such notice, they shall have effect as if to any special circumstances, including
they were a part of these Rules. the limitations of the vessels involved,
(d) Traffic regulation schemes; vessel which may make a departure from
traffic service regulations. Traffic sepa- these Rules necessary to avoid imme-
ration schemes may be established for diate danger.
the purpose of these Rules. Vessel traf-
fic service regulations may be in effect 83.03 Definitions (Rule 3).
in certain areas. For the purpose of these Rules and
(e) Alternative compliance. Whenever this chapter, except where the context
the Secretary determines that a vessel otherwise requires:
or class of vessels of special construc- (a) Vessel includes every description
tion or purpose cannot comply fully of water craft, including nondisplace-
with the provisions of any of these ment craft and seaplanes, used or capa-
Rules with respect to the number, posi- ble of being used as a means of trans-
tion, range, or arc of visibility of lights portation on water;
or shapes, as well as to the disposition (b) Power-driven vessel means any ves-
and characteristics of sound-signaling sel propelled by machinery;
appliances, the vessel shall comply (c) Sailing vessel means any vessel
with such other provisions in regard to under sail provided that propelling ma-
the number, position, range, or arc of chinery, if fitted, is not being used;
visibility of lights or shapes, as well as (d) Vessel engaged in fishing means
to the disposition and characteristics any vessel fishing with nets, lines,
of sound-signaling appliances, as the trawls, or other fishing apparatus
Secretary shall have determined to be which restricts maneuverability, but
the closest possible compliance with does not include a vessel fishing with
these Rules. The Secretary may issue a trolling lines or other fishing appa-
certificate of alternative compliance ratus which do not restrict maneuver-
for a vessel or class of vessels speci- ability;
fying the closest possible compliance (e) Seaplane includes any aircraft de-
with these Rules. The Secretary of the signed to maneuver on the water;
Navy shall make these determinations (f) Vessel not under command means a
and issue certificates of alternative vessel which, through some exceptional
compliance for vessels of the Navy. circumstance, is unable to maneuver as
(f) Acceptance of certificates of alter- required by these Rules and is there-
native compliance from contracting par- fore unable to keep out of the way of
ties to International Regulations. The another vessel;
Secretary may accept a certificate of (g) Vessel restricted in her ability to ma-
alternative compliance issued by a con- neuver means a vessel which, from the
tracting party to the International nature of her work, is restricted in her
Regulations if he determines that the ability to maneuver as required by
alternative compliance standards of these Rules and is therefore unable to
the contracting party are substantially keep out of the way of another vessel;
the same as those of the United States. vessels restricted in their ability to
maneuver include, but are not limited
83.02 Responsibility (Rule 2). to:
(a) Exoneration. Nothing in these (1) A vessel engaged in laying, serv-
Rules shall exonerate any vessel, or the icing, or picking up a navigation mark,
owner, master, or crew thereof, from submarine cable, or pipeline;
the consequences of any neglect to (2) A vessel engaged in dredging, sur-
comply with these Rules or of the ne- veying, or underwater operations;
glect of any precaution which may be (3) A vessel engaged in replenishment
required by the ordinary practice of or transferring persons, provisions, or
seamen, or by the special cir- cargo while underway;
cumstances of the case. (4) A vessel engaged in the launching
(b) Departure from rules when nec- or recovery of aircraft;
essary to avoid immediate danger. In con- (5) A vessel engaged in mineclearance
struing and complying with these operations; and
Rules due regard shall be had to all (6) A vessel engaged in a towing oper-
dangers of navigation and collision and ation such as severely restricts the
197
83.04 33 CFR Ch. I (7112 Edition)
towing vessel and her tow in their abil- ing annexes currently in force for the
ity to deviate from their course. United States.
(h) Underway means that a vessel is
not at anchor, or Subpart BSteering and Sailing
made fast to the shore, or aground; Rules
(i) Length and breadth of a vessel
mean her length overall and greatest CONDUCT OF VESSELS IN ANY CONDITION
breadth; OF VISIBILITY
(j) Vessels shall be deemed to be in
sight of one another only when one can 83.04 Application (Rule 4).
be observed visually from the other; Rules in this subpart apply in any
(k) Restricted visibility means any con- condition of visibility.
dition in which visibility is restricted
by fog, mist, falling snow, heavy rain- 83.05 Look-out (Rule 5).
storms, sandstorms, or any other simi-
Every vessel shall at all times main-
lar causes;
tain a proper look-out by sight and
(l) Western Rivers means the Mis-
hearing as well as by all available
sissippi River, its tributaries, South
means appropriate in the prevailing
Pass, and Southwest Pass, to the navi-
circumstances and conditions so as to
gational demarcation lines dividing the
make a full appraisal of the situation
high seas from harbors, rivers, and
and of the risk of collision.
other inland waters of the United
States, and the Port Allen-Morgan City 83.06 Safe speed (Rule 6).
Alternate Route, and that part of the
Atchafalaya River above its junction Every vessel shall at all times pro-
with the Port Allen-Morgan City Alter- ceed at a safe speed so that she can
nate Route including the Old River and take proper and effective action to
the Red River; avoid collision and be stopped within a
(m) Great Lakes means the Great distance appropriate to the prevailing
Lakes and their connecting and tribu- circumstances and conditions.
tary waters including the Calumet In determining a safe speed the fol-
River as far as the Thomas J. OBrien lowing factors shall be among those
Lock and Controlling Works (between taken into account:
mile 326 and 327), the Chicago River as (a) By all vessels:
far as the east side of the Ashland Ave- (1) The state of visibility;
nue Bridge (between mile 321 and 322), (2) The traffic density including con-
and the Saint Lawrence River as far centration of fishing vessels or any
east as the lower exit of Saint Lambert other vessels;
Lock; (3) The maneuverability of the vessel
(n) Secretary means the Secretary of with special reference to stopping dis-
the Department in which the Coast tance and turning ability in the pre-
Guard is Operating; vailing conditions;
(o) Inland Waters means the navigable (4) At night the presence of back-
waters of the United States shoreward ground light such as from shores lights
of the navigational demarcation lines or from back scatter of her own lights;
dividing the high seas from harbors, (5) The state of wind, sea, and cur-
rivers, and other inland waters of the rent, and the proximity of navigational
United States and the waters of the hazards;
Great Lakes on the United States side (6) The draft in relation to the avail-
of the International Boundary; able depth of water.
(p) Inland Rules or Rules mean the In- (b) Additionally, by vessels with
land Navigational Rules and the an- operational radar:
nexes thereto, which govern the con- (1) The characteristics, efficiency and
duct of vessels and specify the lights, limitations of the radar equipment;
shapes, and sound signals that apply on (2) Any constraints imposed by the
inland waters; and radar range scale in use;
(q) International Regulations means (3) The effect on radar detection of
the International Regulations for Pre- the sea state, weather, and other
venting Collisions at Sea, 1972, includ- sources of interference;
198
(4) The possibility that small vessels, be large enough to be readily apparent
ice and other floating objects may not to another vessel observing visually or
be detected by radar at an adequate by radar; a succession of small alter-
range; ations of course or speed should be
(5) The number, location, and move- avoided.
ment of vessels detected by radar; and (c) Alteration of course to avoid close-
(6) The more exact assessment of the quarters situation. If there is sufficient
visibility that may be possible when sea room, alteration of course alone
radar is used to determine the range of may be the most effective action to
vessels or other objects in the vicinity. avoid a close-quarters situation pro-
vided that it is made in good time, is
83.07 Risk of collision (Rule 7). substantial and does not result in an-
(a) Determination if risk exists. Every other close-quarters situation.
vessel shall use all available means ap- (d) Action to result in passing at safe
propriate to the prevailing cir- distance. Action taken to avoid colli-
cumstances and conditions to deter- sion with another vessel shall be such
mine if risk of collision exists. If there as to result in passing at a safe dis-
is any doubt such risk shall be deemed tance. The effectiveness of the action
to exist. shall be carefully checked until the
(b) Radar. Proper use shall be made of other vessel is finally past and clear.
radar equipment if fitted and oper- (e) Slackening of vessel speed; stopping
ational, including long-range scanning or reversing means of propulsion. If nec-
to obtain early warning of risk of colli- essary to avoid collision or allow more
sion and radar plotting or equivalent time to assess the situation, a vessel
systematic observation of detected ob- shall slacken her speed or take all way
jects. off by stopping or reversing her means
(c) Scanty information. Assumptions of propulsion.
shall not be made on the basis of (f) Early action to allow room for safe
scanty information, especially scanty passage:
radar information. (1) A vessel which, by any of these
(d) Considerations taken into account Rules, is required not to impede the
in determining if risk exists. In deter- passage or safe passage of another ves-
mining if risk of collision exists the sel shall, when required by the cir-
following considerations shall be cumstances of the case, take early ac-
among those taken into account: tion to allow sufficient sea room for
(1) Such risk shall be deemed to exist the safe passage of the other vessel.
if the compass bearing of an approach- (2) A vessel required not to impede
ing vessel does not appreciably change; the passage or safe passage of another
and vessel is not relieved of this obligation
(2) Such risk may sometimes exist if approaching the other vessel so as to
even when an appreciable bearing involve risk of collision and shall,
change is evident, particularly when when taking action, have full regard to
approaching a very large vessel or a the action which may be required by
tow or when approaching a vessel at the Rules of this part.
close range. (3) A vessel the passage of which is
not to be impeded remains fully
83.08 Action to avoid collision (Rule obliged to comply with the Rules of
8). this part when the two vessels are ap-
(a) General characteristics of action proaching one another so as to involve
taken to avoid collision. Any action risk of collision.
taken to avoid collision shall, if the
circumstances of the case admit, be 83.09 Narrow channels (Rule 9).
positive, made in ample time and with (a) Keeping near to outer limit of chan-
due regard to the observance of good nel or fairway which lies on vessels star-
seamanship. board side; exception.
(b) Readily apparent alterations in (1) A vessel proceeding along the
course or speed. Any alteration of course of a narrow channel or fairway
course or speed to avoid collision shall, shall keep as near to the outer limit of
if the circumstances of the case admit, the channel or fairway which lies on
199
83.10 33 CFR Ch. I (7112 Edition)
her starboard side as is safe and prac- ness and caution and shall sound the
ticable. appropriate signal prescribed in Rule
(2) Notwithstanding paragraph (a)(1) 34(e).
and Rule 14(a), a power-driven vessel (g) Avoidance of anchoring in narrow
operating in narrow channels or fair- channels. Every vessel shall, if the cir-
ways on the Great Lakes, Western Riv- cumstances of the case admit, avoid
ers, or waters specified by the Sec- anchoring in a narrow channel.
retary, and proceeding downbound with
a following current shall have the 83.10 Traffic separation schemes
right-of-way over an upbound vessel, (Rule 10).
shall propose the manner and place of (a) Obligations under other Rules unaf-
passage, and shall initiate the maneu- fected. This Rule applies to traffic sepa-
vering signals prescribed by Rule ration schemes and does not relieve
34(a)(1), as appropriate. The vessel pro- any vessel of her obligation under any
ceeding upbound against the current other Rule.
shall hold as necessary to permit safe (b) Duties for vessel using scheme. A
passing. vessel using a traffic separation
(b) Vessels of less than 20 meters in scheme shall:
length; sailing vessels. A vessel of less (1) Proceed in the appropriate traffic
than 20 meters in length or a sailing lane in the general direction of traffic
vessel shall not impede the passage of a flow for that lane;
vessel that can safely navigate only
(2) So far as practicable keep clear of
within a narrow channel or fairway.
a traffic separation line or separation
(c) Vessels engaged in fishing. A vessel
zone;
engaged in fishing shall not impede the
passage of any other vessel navigating (3) Normally join or leave a traffic
within a narrow channel or fairway. lane at the termination of the lane, but
(d) Crossing narrow channels or fair- when joining or leaving from either
ways. A vessel shall not cross a narrow side shall do so at as small an angle to
channel or fairway if such crossing im- the general direction of traffic flow as
pedes the passage of a vessel which can practicable.
safely navigate only within that chan- (c) Crossing traffic lanes. A vessel
nel or fairway. The latter vessel shall shall, so far as practicable, avoid cross-
use the danger signal prescribed in ing traffic lanes but if obliged to do so
Rule 34(d) if in doubt as to the inten- shall cross on a heading as nearly as
tion of the crossing vessel. practicable at right angles to the gen-
(e) Overtaking vessels. eral direction of traffic flow.
(1) In a narrow channel or fairway (d) Use of inshore traffic lane.
when overtaking, the power-driven ves- (1) A vessel shall not use an inshore
sel intending to overtake another traffic zone when she can safely use the
power-driven vessel shall indicate her appropriate traffic lane within the ad-
intention by sounding the appropriate jacent traffic separation scheme. How-
signal prescribed in Rule 34(c) and take ever, vessels of less than twenty meters
steps to permit safe passing. The in length, sailing vessels, and vessels
power-driven vessel being overtaken, if engaged in fishing may use the inshore
in agreement, shall sound the same sig- traffic zone.
nal and may, if specifically agreed to, (2) Notwithstanding subparagraph
take steps to permit safe passing. If in (d)(1), a vessel may use an inshore traf-
doubt she shall sound the danger signal fic zone when en route to or from a
prescribed in Rule 34(d). port, offshore installation or structure,
(2) This Rule does not relieve the pilot station, or any other place situ-
overtaking vessel of her obligation ated within the inshore traffic zone, or
under Rule 13. to avoid immediate danger.
(f) Areas of obscured visibility due to in- (e) Entering separation zone or crossing
tervening obstructions. A vessel nearing separation line. A vessel other than a
a bend or an area of a narrow channel crossing vessel or a vessel joining or
or fairway where other vessels may be leaving a lane shall not normally enter
obscured by an intervening obstruction a separation zone or cross a separation
shall navigate with particular alert- line except:
200
(1) In cases of emergency to avoid im- (1) When each has the wind on a dif-
mediate danger; or ferent side, the vessel which has the
(2) To engage in fishing within a sep- wind on the port side shall keep out of
aration zone. the way of the other;
(f) Caution in areas near termination of (2) When both have the wind on the
scheme. A vessel navigating in areas same side, the vessel which is to wind-
near the terminations of traffic separa- ward shall keep out of the way of the
tion schemes shall do so with par- vessel which is to leeward; and
ticular caution. (3) If a vessel with the wind on the
(g) Anchoring. A vessel shall so far as port side sees a vessel to windward and
practicable avoid anchoring in a traffic cannot determine with certainty
separation scheme or in areas near its whether the other vessel has the wind
terminations. on the port or on the starboard side,
(h) Avoidance of scheme. A vessel not she shall keep out of the way of the
using a traffic separation scheme shall other.
avoid it by as wide a margin as is prac- (b) Windward side. For the purpose of
ticable. this Rule the windward side shall be
(i) Fishing vessels. A vessel engaged in deemed to be the side opposite to that
fishing shall not impede the passage of on which the mainsail is carried or, in
any vessel following a traffic lane. the case of a square-rigged vessel, the
(j) Power-driven vessels. A vessel of side opposite to that on which the larg-
less than twenty meters in length or a est fore-and-aft sail is carried.
sailing vessel shall not impede the safe
passage of a power-driven vessel fol- 83.13 Overtaking (Rule 13).
lowing a traffic lane. (a) Overtaking vessel to keep out of the
(k) Exemption; maintenance of safety of overtaken vessels way. Notwithstanding
navigation. A vessel restricted in her anything contained in Rules 4 through
ability to maneuver when engaged in 18, any vessel overtaking any other
an operation for the maintenance of shall keep out of the way of the vessel
safety of navigation in a traffic separa- being overtaken.
tion scheme is exempted from com- (b) Overtaking vessel defined. A vessel
plying with this Rule to the extent shall be deemed to be overtaking when
necessary to carry out the operation. coming up with another vessel from a
(l) Exemption; laying, servicing, or pick- direction more than 22.5 degrees abaft
ing up submarine cable. A vessel re- her beam; that is, in such a position
stricted in her ability to maneuver with reference to the vessel she is over-
when engaged in an operation for the taking, that at night she would be able
laying, servicing, or picking up of a to see only the sternlight of that vessel
submarine cable, within a traffic sepa- but neither of her sidelights.
ration scheme, is exempted from com- (c) Assumption that vessel is overtaking
plying with this rule to the extent nec- another in cases of doubt. When a vessel
essary to carry out the operation. is in any doubt as to whether she is
[USCG20090948, 75 FR 19546, Apr. 15, 2010, as overtaking another, she shall assume
amended by USCG20120306, 77 FR 37312, that this is the case and act accord-
June 21, 2012] ingly.
(d) Overtaking vessel to become crossing
CONDUCT OF VESSELS IN SIGHT OF ONE vessel only when finally past and clear.
ANOTHER Any subsequent alteration of the bear-
ing between the two vessels shall not
83.11 Application (Rule 11). make the overtaking vessel a crossing
Rules in this subpart apply to vessels vessel within the meaning of these
in sight of one another. Rules or relieve her of the duty of
keeping clear of the overtaken vessel
83.12 Sailing vessels (Rule 12). until she is finally past and clear.
(a) Keeping out of the way. When two
sailing vessels are approaching one an- 83.14 Head-on situation (Rule 14).
other, so as to involve risk of collision, (a) Course alterations to starboard; port
one of them shall keep out of the way side passage. Unless otherwise agreed,
of the other as follows: when two power-driven vessels are
201
83.15 33 CFR Ch. I (7112 Edition)
meeting on reciprocal or nearly recip- 83.17 Action by stand-on vessel (Rule

rocal courses so as to involve risk of 17).
collision each shall alter her course to (a) Stand-on vessel to keep course and
starboard so that each shall pass on the speed; action allowed when give-way ves-
port side of the other. sel fails to take appropriate action.
(b) Existence of head-on situation. (1) Where one of two vessels is to
Such a situation shall be deemed to keep out of the way, the other shall
exist when a vessel sees the other keep her course and speed.
ahead or nearly ahead and by night she (2) The latter vessel may, however,
could see the masthead lights of the take action to avoid collision by her
other in a line or nearly in a line or maneuver alone, as soon as it becomes
both sidelights and by day she observes apparent to her that the vessel re-
the corresponding aspect of the other quired to keep out of the way is not
vessel. taking appropriate action in compli-
(c) Assumption that head-on situation ance with these Rules.
exists in cases of doubt. When a vessel is (b) Action by stand-on vessel allowed
in any doubt as to whether such a situ- when action by give-way vessel alone can-
ation exists she shall assume that it not avoid collision. When, from any
does exist and act accordingly. cause, the vessel required to keep her
(d) Vessel operating on Great Lakes, course and speed finds herself so close
Western Rivers, or other specified waters, that collision cannot be avoided by the
and proceeding downbound with fol- action of the give-way vessel alone, she
lowing current. Notwithstanding para- shall take such action as will best aid
graph (a) of this Rule, a power-driven to avoid collision.
vessel operating on the Great Lakes, (c) Crossing situations. A power-driven
Western Rivers, or waters specified by vessel which takes action in a crossing
the Secretary, and proceeding situation in accordance with subpara-
downbound with a following current graph (a)(2) of this Rule to avoid colli-
shall have the right-of-way over an sion with another power-driven vessel
upbound vessel, shall propose the man- shall, if the circumstances of the case
ner of passage, and shall initiate the admit, not alter course to port for a
maneuvering signals prescribed by vessel on her own port side.
Rule 34(a)(1), as appropriate. (d) Give-way vessel not relieved of obli-
gation to keep out of the way. This Rule
83.15 Crossing situation (Rule 15). does not relieve the give-way vessel of
(a) Vessel which must keep out of the her obligation to keep out of the way.
other vessels way. When two power-
driven vessels are crossing so as to in- 83.18 Responsibilities between ves-
volve risk of collision, the vessel which sels (Rule 18).
has the other on her starboard side Except where Rules 9, 10, and 13 oth-
shall keep out of the way and shall, if erwise require:
the circumstances of the case admit, (a) Power-driven vessels underway. A
avoid crossing ahead of the other ves- power-driven vessel underway shall
sel. keep out of the way of:
(b) Vessels crossing river. Notwith- (1) A vessel not under command;
standing paragraph (a), on the Great (2) A vessel restricted in her ability
Lakes, Western Rivers, or water speci- to maneuver;
fied by the Secretary, a power-driven (3) A vessel engaged in fishing; and
vessel crossing a river shall keep out of (4) A sailing vessel.
the way of a power-driven vessel as- (b) Sailing vessels underway. A sailing
cending or descending the river. vessel underway shall keep out of the
way of:
83.16 Action by give-way vessel (Rule (1) A vessel not under command;
16). (2) A vessel restricted in her ability
Every vessel which is directed to to maneuver; and
keep out of the way of another vessel (3) A vessel engaged in fishing.
shall, so far as possible, take early and (c) Vessels engaged in fishing when un-
substantial action to keep well clear. derway. A vessel engaged in fishing
202
when underway shall, so far as pos- be kept on course. She shall if nec-
sible, keep out of the way of: essary take all her way off and, in any
(1) A vessel not under command; and event, navigate with extreme caution
(2) A vessel restricted in her ability until danger of collision is over.
to maneuver.
(d) Seaplanes on the water. A seaplane Subpart CLights and Shapes
on the water shall, in general, keep
well clear of all vessels and avoid im- 83.20 Application (Rule 20).
peding their navigation. In cir- (a) Compliance in all weathers. Rules
cumstances, however, where risk of in this part shall be complied with in
collision exists, she shall comply with all weathers.
the Rules of this part. (b) Rules concerning lights complied
with from sunset to sunrise; other lights.
CONDUCT OF VESSELS IN RESTRICTED The Rules concerning lights shall be
VISIBILITY complied with from sunset to sunrise,
and during such times no other lights
83.19 Conduct of vessels in restricted
visibility (Rule 19). shall be exhibited, except such lights as
cannot be mistaken for the lights spec-
(a) Vessels to which rule applies. This ified in these Rules or do not impair
Rule applies to vessels not in sight of their visibility or distinctive char-
one another when navigating in or near acter, or interfere with the keeping of
an area of restricted visibility. a proper lookout.
(b) Safe speed; engines ready for imme- (c) Lights during daylight hours in re-
diate maneuver. Every vessel shall pro- stricted visibility; other circumstances.
ceed at a safe speed adapted to the pre- The lights prescribed by these Rules
vailing circumstances and conditions shall, if carried, also be exhibited from
of restricted visibility. A power-driven sunrise to sunset in restricted visi-
vessel shall have her engines ready for bility and may be exhibited in all other
immediate maneuver. circumstances when it is deemed nec-
(c) Due regard to prevailing cir- essary.
cumstances and conditions. Every vessel (d) Rules concerning shapes; compliance
shall have due regard to the prevailing by day. The Rules concerning shapes
circumstances and conditions of re- shall be complied with by day.
stricted visibility when complying with (e) Annex. The lights and shapes spec-
Rules 4 through 10. ified in these Rules shall comply with
(d) Detection of vessel by radar alone. A the provisions of Annex I of these
vessel which detects by radar alone the Rules.
presence of another vessel shall deter-
mine if a close-quarters situation is de- 83.21 Definitions (Rule 21).
veloping or risk of collision exists. If (a) Masthead light means a white
so, she shall take avoiding action in light placed over the fore and aft cen-
ample time, provided that when such terline of the vessel showing an unbro-
action consists of an alteration of ken light over an arc of the horizon of
course, so far as possible the following 225 degrees and so fixed as to show the
shall be avoided: light from right ahead to 22.5 degrees
(1) An alteration of course to port for abaft the beam on either side of the
a vessel forward of the beam, other vessel, except that on a vessel of less
than for a vessel being overtaken; and than 12 meters in length the masthead
(2) An alteration of course toward a light shall be placed as nearly as prac-
vessel abeam or abaft the beam. ticable to the fore and aft centerline of
(e) Reduction of speed to minimum. Ex- the vessel.
cept where it has been determined that (b) Sidelights mean a green light on
a risk of collision does not exist, every the starboard side and a red light on
vessel which hears apparently forward the port side each showing an unbro-
of her beam the fog signal of another ken light over an arc of the horizon of
vessel, or which cannot avoid a close- 112.5 degrees and so fixed as to show
quarters situation with another vessel the light from right ahead to 22.5 de-
forward of her beam, shall reduce her grees abaft the beam on its respective
speed to the minimum at which she can side. On a vessel of less than 20 meters
203
83.22 33 CFR Ch. I (7112 Edition)
in length the side lights may be com- (1) A masthead light, 5 miles; except
bined in one lantern carried on the fore that where the length of the vessel is
and aft centerline of the vessel, except less than 20 meters, 3 miles;
that on a vessel of less than 12 meters (2) A sidelight, 2 miles;
in length the sidelights when combined (3) A sternlight, 2 miles;
in one lantern shall be placed as nearly (4) A towing light, 2 miles;
as practicable to the fore and aft cen- (5) A white, red, green or yellow all-
terline of the vessel. round light, 2 miles; and
(c) Sternlight means a white light (6) A special flashing light, 2 miles.
placed as nearly as practicable at the (c) Vessels of less than 12 meters in
stern showing an unbroken light over length. In a vessel of less than 12 me-
an arc of the horizon of 135 degrees and ters in length:
so fixed as to show the light 67.5 de- (1) A masthead light, 2 miles;
grees from right aft on each side of the (2) A sidelight, 1 mile;
vessel. (3) A sternlight, 2 miles;
(d) Towing light means a yellow light (4) A towing light, 2 miles;
having the same characteristics as the (5) A white, red, green or yellow all-
sternlight defined in paragraph (c) of round light, 2 miles; and
this Rule. (6) A special flashing light, 2 miles.
(e) All-round light means a light show- (d) An inconspicuous, partly submerged
ing an unbroken light over an arc of vessel or objects being towed. In an incon-
the horizon of 360 degrees. spicuous, partly submerged vessel or
(f) Flashing light means a light flash- objects being towed:
ing at regular intervals at a frequency (1) A white all-round light, 3 miles.
of 120 flashes or more per minute.
(g) Special flashing light means a yel- 83.23 Power-driven vessels underway
low light flashing at regular intervals (Rule 23).
at a frequency of 50 to 70 flashes per (a) Lights exhibited by power-driven
minute, placed as far forward and as vessels underway. A power-driven vessel
nearly as practicable on the fore and underway shall exhibit:
aft centerline of the tow and showing (1) A masthead light forward;
an unbroken light over an arc of the (2) A second masthead light abaft of
horizon of not less than 180 degrees nor and higher than the forward one; ex-
more than 225 degrees and so fixed as cept that a vessel of less than 50 meters
to show the light from right ahead to in length shall not be obliged to exhibit
abeam and no more than 22.5 degrees such light but may do so;
abaft the beam on either side of the (3) Sidelights; and
vessel. (4) A sternlight.
(b) Air-cushion vessels. An air-cushion
83.22 Visibility of lights (Rule 22). vessel when operating in the non-
The lights prescribed in these Rules displacement mode shall, in addition to
shall have an intensity as specified in the lights prescribed in paragraph (a)
Annex I to these Rules, so as to be visi- of this Rule, exhibit an all-round flash-
ble at the following minimum ranges: ing yellow light where it can best be
(a) Vessel of 50 meters or more in length. seen.
In a vessel of 50 meters or more in (c) Alternative lights for power-driven
length: vessels of less than 12 meters in length. A
(1) A masthead light, 6 miles; power-driven vessel of less than 12 me-
(2) A sidelight, 3 miles; ters in length may, in lieu of the lights
(3) A sternlight, 3 miles; prescribed in paragraph (a) of this
(4) A towing light, 3 miles; Rule, exhibit an all-round white light
(5) A white, red, green or yellow all- and sidelights.
round light, 3 miles; and (d) Power-driven vessels when operating
(6) A special flashing light, 2 miles. on Great Lakes. A power-driven vessel
(b) Vessels of 12 meters or more in when operating on the Great Lakes
length but less than 50 meters in may carry an all-round white light in
length. In a vessel of 12 meters or more lieu of the second masthead light and
in length but less than 50 meters in sternlight prescribed in paragraph (a)
length: of this Rule. The light shall be carried
204
in the position of the second masthead side or pushed in a group shall be light-
light and be visible at the same mined as one vessel, except as provided in
imum range. paragraph (3)
(1) A vessel being pushed ahead, not
83.24 Towing and pushing (Rule 24). being part of a composite unit, shall
(a) A power-driven vessel when towing exhibit at the forward end, sidelights
astern. A power-driven vessel when tow- and a special flashing light;
ing astern shall exhibit: (2) A vessel being towed alongside
(1) Instead of the light prescribed ei- shall exhibit a sternlight and at the
ther in Rule 23(a)(1) or 23(a)(2), two forward end, sidelights and a special
masthead lights in a vertical line. flashing light; and
When the length of the tow, measuring (3) When vessels are towed alongside
from the stern of the towing vessel to on both sides of the towing vessels a
the after end of the tow exceeds 200 me- sternlight shall be exhibited on the
ters, three such lights in a vertical stern of the outboard vessel on each
line; side of the towing vessel, and a single
(2) Sidelights; set of sidelights as far forward and as
(3) A sternlight; far outboard as is practicable, and a
(4) A towing light in a vertical line single special flashing light.
above the sternlight; and (g) An inconspicuous, partly submerged
(5) When the length of the tow ex- vessel or object being towed. An incon-
ceeds 200 meters, a diamond shape spicuous, partly submerged vessel or
where it can best be seen. object being towed shall exhibit:
(b) Pushing vessel and pushed vessel (1) If it is less than 25 meters in
rigidly connected in composite unit. When breadth, one all-round white light at or
a pushing vessel and a vessel being near each end;
pushed ahead are rigidly connected in a (2) If it is 25 meters or more in
composite unit they shall be regarded breadth, four all-round white lights to
as a power-driven vessel and exhibit mark its length and breadth;
the lights prescribed in Rule 23. (3) If it exceeds 100 meters in length,
(c) A power-driven vessel when pushing additional all-round white lights be-
ahead or towing alongside. A power-driv- tween the lights prescribed in subpara-
en vessel when pushing ahead or tow- graphs (1) and (2) so that the distance
ing alongside, except as required by between the lights shall not exceed 100
paragraphs (b) and (1) of this Rule, meters: Provided, that any vessels or
shall exhibit: objects being towed alongside each
(1) Instead of the light prescribed ei- other shall be lighted as one vessel or
ther in Rule 23(a)(1) or 23(a)(2), two object;
masthead lights in a vertical line; (4) A diamond shape at or near the
(2) Sidelights; and aftermost extremity of the last vessel
(3) Two towing lights in a vertical or object being towed; and
line. (5) The towing vessel may direct a
(d) Compliance with other requirements. searchlight in the direction of the tow
A power-driven vessel to which para- to indicate its presence to an approach-
graphs (a) or (c) of this Rule apply ing vessel.
shall also comply with Rule 23(a)(1) and (h) Alternative lighting of vessel or ob-
23(a)(2). ject being towed. Where from any suffi-
(e) Vessels being towed. A vessel or ob- cient cause it is impracticable for a
ject other than those referred to in vessel or object being towed to exhibit
paragraph (g) of this Rule being towed the lights prescribed in paragraph (e)
shall exhibit: or (g) of this Rule, all possible meas-
(1) Sidelights; ures shall be taken to light the vessel
(2) A sternlight; and or object towed or at least to indicate
(3) When the length of the tow ex- the presence of the unlighted vessel or
ceeds 200 meters, a diamond shape object.
where it can best be seen. (i) Western Rivers or other specified wa-
(f) Vessels being towed alongside or ters; exception. Notwithstanding para-
pushed in a group. Provided that any graph (c), on the Western Rivers (ex-
number of vessels being towed along- cept below the Huey P. Long Bridge on
205
83.25 33 CFR Ch. I (7112 Edition)
the Mississippi River) and on waters ited in sufficient time to prevent colli-
specified by the Secretary, a power- sion.
driven vessel when pushing ahead or (2) A vessel under oars may exhibit
towing alongside, except as paragraph the lights prescribed in this Rule for
(b) applies, shall exhibit: sailing vessels, but if she does not, she
(1) Sidelights; and shall have ready at hand an electric
(2) Two towing lights in a vertical torch or lighted lantern showing a
line. white light which shall be exhibited in
(j) Towing another vessel in distress or sufficient time to prevent collision.
otherwise in need of assistance. Where (e) Vessels proceeding under sail. A ves-
from any sufficient cause it is imprac- sel proceeding under sail when also
ticable for a vessel not normally en- being propelled by machinery shall ex-
gaged in towing operations to display hibit forward where it can best be seen
the lights prescribed by paragraph (a), a conical shape, apex downward. A ves-
(c) or (i) of this Rule, such vessel shall sel of less than 12 meters in length is
not be required to exhibit those lights not required to exhibit this shape, but
when engaged in towing another vessel may do so.
in distress or otherwise in need of as-
sistance. All possible measures shall be 83.26 Fishing vessels (Rule 26).
taken to indicate the nature of the re-
(a) Exhibition of only prescribed lights
lationship between the towing vessel
and shapes. A vessel engaged in fishing,
and the vessel being assisted. The
whether underway or at anchor, shall
searchlight authorized by Rule 36 may
be used to illuminate the tow. exhibit only the lights and shapes pre-
scribed in this Rule.
83.25 Sailing vessels underway and (b) Vessels engaged in trawling. A ves-
vessels under oars (Rule 25). sel when engaged in trawling, by which
is meant the dragging through the
(a) Sailing vessels underway. A sailing
water of a dredge net or other appa-
vessel underway shall exhibit:
ratus used as a fishing appliance, shall
(1) Sidelights; and
exhibit:
(2) A sternlight.
(1) Two all-round lights in a vertical
(b) Sailing vessels of less than 20 meters line, the upper being green and the
in length. In a sailing vessel of less than
lower white, or a shape consisting of
20 meters in length the lights pre-
two cones with their apexes together in
scribed in paragraph (a) of this Rule
a vertical line one above the other;
may be combined in one lantern car-
ried at or near the top of the mast (2) A masthead light abaft of and
where it can best be seen. higher than the all-round green light; a
vessel of less than 50 meters in length
(c) Additional lights. A sailing vessel
underway may, in addition to the shall not be obliged to exhibit such a
lights prescribed in paragraph (a) of light but may do so; and
this Rule, exhibit at or near the top of (3) When making way through the
the mast, where they can best be seen, water, in addition to the lights pre-
two all-round lights in a vertical line, scribed in this paragraph, sidelights
the upper being red and the lower and a sternlight.
green, but these lights shall not be ex- (c)Vessels engaged in fishing other than
hibited in conjunction with the com- trawling. A vessel engaged in fishing,
bined lantern permitted by paragraph other than trawling, shall exhibit:
(b) of this Rule. (1) Two all-round lights in a vertical
(d) Sailing vessels of less than 7 meters line, the upper being green and the
in length; vessels under oars. lower white, or a shape consisting of
(1) A sailing vessel of less than 7 me- two cones with their apexes together in
ters in length shall, if practicable, ex- a vertical line one above the other;
hibit the lights prescribed in paragraph (2) A masthead light abaft of and
(a) or (b) of this Rule, but if she does higher than the all-round green light; a
not, she shall have ready at hand an vessel of less than 50 meters in length
electric torch or lighted lantern show- shall not be obliged to exhibit such a
ing a white light which shall be exhib- light but may do so; and
206
(3) When making way through the (2) Three shapes in a vertical line
water, in addition to the lights pre- where they can best be seen. The high-
scribed in this paragraph, sidelights est and lowest of these shapes shall be
and a sternlight. balls and the middle one a diamond;
(c) Vessels engaged in fishing other (3) When making way through the
than trawling. A vessel engaged in fish- water, masthead lights, sidelights and
ing, other than trawling, shall exhibit: a sternlight, in addition to the lights
(1) Two all-round lights in a vertical prescribed in subparagraph (b)(1); and
line, the upper being red and the lower (4) When at anchor, in addition to the
white, or a shape consisting of two lights or shapes prescribed in subpara-
cones with apexes together in a graphs (b)(1) and (2), the light, lights or
vertical line one above the other; shapes prescribed in Rule 30.
(2) When there is outlying gear ex- (c) Vessels engaged in towing oper-
tending more than 150 meters hori- ations. A vessel engaged in a towing op-
zontally from the vessel, an all-round eration which severely restricts the
white light or a cone apex upward in towing vessel and her tow in their abil-
the direction of the gear; and ity to deviate from their course shall,
(3) When making way through the in addition to the lights or shapes pre-
water, in addition to the lights prescribed in subparagraphs (b)(1) and (2)
scribed in this paragraph, sidelights of this Rule, exhibit the lights or shape
and a sternlight. prescribed in Rule 24.
(d) Vessels engaged in fishing in close (d) Vessels engaged in dredging or un-
proximity to other vessels engaged in fish- derwater operations. A vessel engaged in
ing. The additional signals described in dredging or underwater operations,
Annex II to these Rules apply to a ves- when restricted in her ability to ma-
sel engaged in fishing in close prox- neuver, shall exhibit the lights and
imity to other vessels engaged in fish- shapes prescribed in subparagraphs
ing. (b)(1), (2), and (3) of this Rule and shall
(e) Vessels when not engaged in fishing. in addition, when an obstruction ex-
A vessel when not engaged in fishing ists, exhibit:
shall not exhibit the lights or shapes (1) Two all-round red lights or two
prescribed in this Rule, but only those balls in a vertical line to indicate the
prescribed for a vessel of her length. side on which the obstruction exists;
(2) Two all-round green lights or two
83.27 Vessels not under command or diamonds in a vertical line to indicate
restricted in their ability to maneu- the side on which another vessel may
ver (Rule 27). pass; and
(a) Vessels not under command. A ves- (3) When at anchor, the lights or
sel not under command shall exhibit: shape prescribed by this paragraph, in-
(1) Two all-round red lights in a stead of the lights or shapes prescribed
vertical line where they can best be in Rule 30 for anchored vessels.
seen; (e) Vessels engaged in diving oper-
(2) Two balls or similar shapes in a ations. Whenever the size of a vessel en-
vertical line where they can best be gaged in diving operations makes it
seen; and impracticable to exhibit all lights and
(iii) When making way through the shapes prescribed in paragraph (d) of
water, in addition to the lights pre- this Rule, the following shall instead
scribed in this paragraph, sidelights be exhibited:
and a sternlight. (1) Three all-round lights in a
(b) Vessels restricted in their ability to vertical line where they can best be
maneuver. A vessel restricted in her seen. The highest and lowest of these
ability to maneuver, except a vessel lights shall be red and the middle light
engaged in mineclearance operations, shall be white.
shall exhibit: (2) A rigid replica of the inter-
(1) Three all-round lights in a national Code flag A not less than 1
vertical line where they can best be meter in height. Measures shall be
seen. The highest and lowest of these taken to insure its all-round visibility.
lights shall be red and the middle light (f) Vessels engaged in mine clearance
shall be white; operations. A vessel engaged in mine
207
83.28 33 CFR Ch. I (7112 Edition)
clearance operations shall, in addition subparagraph (1), an all-round white

to the lights prescribed for a power- light.
driven vessel in Rule 23 or to the lights (b) Vessels of less than 50 meters in
or shape prescribed for a vessel at an- length; alternative light. A vessel of less
chor in Rule 30, as appropriate, exhibit than 50 meters in length may exhibit
three all-round green lights or three an all-round white light where it can
balls. One of these lights or shapes best be seen instead of the lights pre-
shall be exhibited near the foremast scribed in paragraph (a) of this Rule.
head and one at each end of the fore (c) Illumination of decks. A vessel at
yard. These lights or shapes indicate
anchor may, and a vessel of 100 meters
that it is dangerous for another vessel
or more in length shall, also use the
to approach within 1,000 meters of the
mine clearance vessel. available working or equivalent lights
(g) Vessels of less than 12 meters in to illuminate her decks.
length. A vessel of less than 12 meters (d) Vessels aground. A vessel aground
in length, except when engaged in div- shall exhibit the lights prescribed in
ing operations, is not required to ex- paragraph (a) or (b) of this Rule and in
hibit the lights or shapes prescribed in addition, if practicable, where they can
this Rule. best be seen:
(h) Signals of vessels in distress and re- (1) Two all-round red lights in a
quiring assistance. The signals pre- vertical line; and
scribed in this Rule are not signals of (2) Three balls in a vertical line.
vessels in distress and requiring assist- (e) Vessels of less than 7 meters in
ance. Such signals are contained in length when at anchor. A vessel of less
Annex IV to these Rules. than 7 meters in length, when at an-
[USCG20090948, 75 FR 19546, Apr. 15, 2010, as chor, not in or near a narrow channel,
amended by USCG20120306, 77 FR 37313, fairway, anchorage, or where other ves-
June 21, 2012] sels normally navigate, shall not be re-
quired to exhibit the lights or shape
83.28 [Reserved] (Rule 28).
prescribed in paragraphs (a) and (b) of
83.29 Pilot vessels (Rule 29). this Rule.
(a) Vessels engaged on pilotage duty. A (f) Vessels of less than 12 meters in
vessel engaged on pilotage duty shall length when aground. A vessel of less
exhibit: than 12 meters in length when aground
(1) At or near the masthead, two all- shall not be required to exhibit the
round lights in a vertical line, the lights or shapes prescribed in subpara-
upper being white and the lower red; graphs (d)(1) and (2) of this Rule.
(2) When underway, in addition, (g) Vessels of less than 20 meters in
sidelights and a sternlight; and length while at anchor in special anchor-
(3) When at anchor, in addition to the age. A vessel of less than 20 meters in
lights prescribed in subparagraph (1), length, when at anchor in a special an-
the anchor light, lights, or shape pre- chorage area designated by the Sec-
scribed in Rule 30 for anchored vessels. retary, shall not be required to exhibit
(b) Vessels when not engaged on pilot- the anchor lights and shapes required
age duty. A pilot vessel when not en- by this Rule.
gaged on pilotage duty shall exhibit
the lights or shapes prescribed for a 83.31 Seaplanes (Rule 31).
vessel of her length.
Where it is impracticable for a sea-
83.30 Anchored vessels and vessels plane to exhibit lights and shapes of
aground (Rule 30). the characteristics or in the positions
(a) Vessels at anchor. A vessel at an- prescribed in the Rules of this part she
chor shall exhibit where it can best be shall exhibit lights and shapes as close-
seen: ly similar in characteristics and posi-
(1) In the fore part, an all-round tion as is possible.
white light or one ball; and
(2) At or near the stern and at a
lower level than the light prescribed in
208
Subpart DSound and Light and take the steps necessary to effect a
Signals safe passing. If, however, from any
cause, the vessel doubts the safety of
83.32 Definitions (Rule 32). the proposed maneuver, she shall sound
(a) Whistle means any sound signaling the danger signal specified in para-
appliance capable of producing the pre- graph (d) of this Rule and each vessel
scribed blasts and which complies with shall take appropriate precautionary
specifications in Annex III to these action until a safe passing agreement
Rules. is made.
(b) Short blast means a blast of about (b) Light signals. A vessel may supple-
1 seconds duration. ment the whistle signals prescribed in
(c) Prolonged blast means a blast of paragraph (a) of this Rule by light sig-
from 4 to 6 seconds duration. nals:
(1) These signals shall have the fol-
83.33 Equipment for sound signals lowing significance: one flash to mean
(Rule 33). I intend to leave you on my port
(a) Vessels of 12 meters or more in side; two flashes to mean I intend to
length. A vessel of 12 meters or more in leave you on my starboard side; three
length shall be provided with a whistle flashes to mean I am operating astern
and a bell and a vessel of 100 meters or propulsion;
more in length shall, in addition, be (2) The duration of each flash shall be
provided with a gong, the tone and about 1 second; and
sound of which cannot be confused with (3) The light used for this signal
that of the bell. The whistle, bell and shall, if fitted, be one all-round white
gong shall comply with the specifica- or yellow light, visible at a minimum
tions in Annex III to these Rules. The range of 2 miles, synchronized with the
bell or gong or both may be replaced by whistle, and shall comply with the pro-
other equipment having the same revisions of Annex I to these Rules.
spective sound characteristics, pro- (c) Overtaking situations. When in
vided that manual sounding of the pre- sight of one another:
scribed signals shall always be possible. (1) A power-driven vessel intending to
(b) Vessels of less than 12 meters in overtake another power-driven vessel
length. A vessel of less than 12 meters shall indicate her intention by the fol-
in length shall not be obliged to carry lowing signals on her whistle: one
the sound signaling appliances pre- short blast to mean I intend to over-
scribed in paragraph (a) of this Rule take you on your starboard side; two
but if she does not, she shall be pro- short blasts to mean I intend to over-
vided with some other means of mak- take you on your port side; and
ing an efficient sound signal. (2) The power-driven vessel about to
be overtaken shall, if in agreement,
83.34 Maneuvering and warning sig- sound a similar sound signal. If in
nals (Rule 34). doubt she shall sound the danger signal
(a) Whistle signals. When power-driven prescribed in paragraph (d).
vessels are in sight of one another and (d) Doubts or failure to understand sig-
meeting or crossing at a distance with- nals. When vessels in sight of one an-
in half a mile of each other, each vessel other are approaching each other and
underway, when maneuvering as au- from any cause either vessel fails to
thorized or required by these Rules: understand the intentions or actions of
(1) Shall indicate that maneuver by the other, or is in doubt whether suffi-
the following signals on her whistle: cient action is being taken by the
one short blast to mean I intend to other to avoid collision, the vessel in
leave you on my port side; two short doubt shall immediately indicate such
blasts to mean I intend to leave you doubt by giving at least five short and
on my starboard side; and three short rapid blasts on the whistle. This signal
blasts to mean I am operating astern may be supplemented by a light signal
propulsion. of at least five short and rapid flashes.
(2) Upon hearing the one or two blast (e) Vessels in areas of obscured visibility
signal of the other shall, if in agree- due to intervening obstructions. A vessel
ment, sound the same whistle signal nearing a bend or an area of a channel
209
83.35 33 CFR Ch. I (7112 Edition)
or fairway where other vessels may be underway or at anchor; and a vessel en-
obscured by an intervening obstruction gaged in towing or pushing another
shall sound one prolonged blast. This vessel shall, instead of the signals pre-
signal shall be answered with a pro- scribed in paragraphs (a) or (b) of this
longed blast by any approaching vessel Rule, sound at intervals of not more
that may be within hearing around the than 2 minutes, three blasts in succes-
bend or behind the intervening obstruc- sion; namely, one prolonged followed
tion. by two short blasts.
(f) Use of one whistle only on a vessel. (d) Vessels towed. A vessel towed or if
If whistles are fitted on a vessel at a more than one vessel is towed the last
distance apart of more than 100 meters, vessel of the tow, if manned, shall at
one whistle only shall be used for giv- intervals of not more than 2 minutes
ing maneuvering and warning signals. sound four blasts in succession; name-
(g) Power-driven vessels leaving dock or ly, one prolonged followed by three
berth. When a power-driven vessel is short blasts. When practicable, this
leaving a dock or berth, she shall sound signal shall be made immediately after
one prolonged blast. the signal made by the towing vessel.
(h) Agreement between vessels using ra- (e) Pushing and pushed vessels con-
diotelephone. A vessel that reaches nected in composite unit. When a pushing
agreement with another vessel in a vessel and a vessel being pushed ahead
head-on, crossing, or overtaking situa- are rigidly connected in a composite
tion, as for example, by using the ra- unit they shall be regarded as a power-
diotelephone as prescribed by the Ves- driven vessel and shall give the signals
sel Bridge-to-Bridge Radiotelephone prescribed in paragraphs (a) or (b) of
Act (85 Stat. 164; 33 U.S.C. 1201 et seq.), this Rule.
is not obliged to sound the whistle sig-
(f) Vessels at anchor. A vessel at an-
nals prescribed by this Rule, but may
chor shall at intervals of not more
do so. If agreement is not reached, then
than 1 minute ring the bell rapidly for
whistle signals shall be exchanged in a
about 5 seconds. In a vessel of 100 me-
timely manner and shall prevail.
ters or more in length the bell shall be
83.35 Sound signals in restricted visi- sounded in the forepart of the vessel
bility (Rule 35). and immediately after the ringing of
In or near an area of restricted visi- the bell the gong shall be sounded rap-
bility, whether by day or night, the idly for about 5 seconds in the after
signals prescribed in this Rule shall be part of the vessel. A vessel at anchor
used as follows: may in addition sound three blasts in
(a) Power-driven vessels making way succession; namely, one short, one pro-
through the water. A power-driven ves- longed and one short blast, to give
sel making way through the water warning of her position and of the pos-
shall sound at intervals of not more sibility of collision to an approaching
than 2 minutes one prolonged blast. vessel.
(b) Power-driven vessels underway but (g) Vessels aground. A vessel aground
stopped and making no way through the shall give the bell signal and if re-
water. A power-driven vessel underway quired the gong signal prescribed in
but stopped and making no way paragraph (f) of this Rule and shall, in
through the water shall sound at inter- addition, give three separate and dis-
vals of not more than 2 minutes two tinct strokes on the bell immediately
prolonged blasts in succession with an before and after the rapid ringing of
interval of about 2 seconds between the bell. A vessel aground may in addi-
them. tion sound an appropriate whistle sig-
(c) Vessels not under command; vessels nal.
restricted in ability to maneuver; sailing (h) Vessels of less than 12 meters in
vessels; vessels engaged in fishing; vessels length. A vessel of less than 12 meters
engaged in towing or pushing. A vessel in length shall not be obliged to give
not under command; a vessel restricted the above-mentioned signals but, if she
in her ability to maneuver, whether does not, shall make some other effi-
underway or at anchor; a sailing vessel; cient sound signal at intervals of not
a vessel engaged in fishing, whether more than 2 minutes.
210
(i) Pilot vessels. A pilot vessel when statute; shall be exempted from com-
engaged on pilotage duty may in addi- pliance with the technical Annexes to
tion to the signals prescribed in para- these Rules as follows:
graphs (a), (b) or (f) of this Rule sound (1) The installation of lights with
an identity signal consisting of four ranges prescribed in Rule 22, until 4
short blasts. years after the effective date of the In-
(j) Vessels anchored in special anchor- land Navigational Rules Act of 1980
age areas. The following vessels shall (Pub. L. 96591), except that vessels of
not be required to sound signals as pre- less than 20 meters in length are per-
scribed in paragraph (f) of this Rule manently exempt;
when anchored in a special anchorage (2) The installation of lights with
area designated by the Secretary: color specifications as prescribed in
(1) A vessel of less than 20 meters in Annex I to these Rules, until 4 years
length; and after the effective date of the Inland
(2) A barge, canal boat, scow, or Navigational Rules Act of 1980 (Pub. L.
other nondescript craft. 96591), except that vessels of less than
20 meters in length are permanently
83.36 Signals to attract attention
(Rule 36). exempt;
(3) The repositioning of lights as a re-
If necessary to attract the attention sult of conversion to metric units and
of another vessel, any vessel may make rounding off measurement figures, are
light or sound signals that cannot be permanently exempt; and
mistaken for any signal authorized (4) The horizontal repositioning of
elsewhere in these Rules, or may direct masthead lights prescribed by Annex I
the beam of her searchlight in the di- to these Rules:
rection of the danger, in such a way as (i) On vessels of less than 150 meters
not to embarrass any vessel. in length, permanent exemption.
(ii) On vessels of 150 meters or more
83.37 Distress signals (Rule 37).
in length, until 9 years after the effec-
When a vessel is in distress and re- tive date of the Inland Navigational
quires assistance she shall use or ex- Rules Act of 1980 (Pub. L. 96591).
hibit the signals described in Annex IV (5) The restructuring or repositioning
to these Rules. of all lights to meet the prescriptions
of Annex I to these, until 9 years after
Subpart EExemptions the effective date of the Inland Naviga-
tional Rules Act of 1980 (Pub. L. 96591);
83.38 Exemptions (Rule 38). (6) Power-driven vessels of 12 meters
Any vessel or class of vessels, the or more but less than 20 meters in
keel of which is laid or which is at a length are permanently exempt from
corresponding stage of construction be- the provisions of Rule 23(a)(1) and
fore December 24, 1980, provided that 23(a)(4) provided that, in place of these
she complies with the requirements lights, the vessel exhibits a white light
of aft visible all round the horizon; and
(a) The Act of June 7, 1897, (30 Stat. (7) The requirements for sound signal
96), as amended (33 U.S.C. 154232) for appliances prescribed in Annex III to
vessels navigating the waters subject these Rules, until 9 years after the ef-
to that statute; fective date of the Inland Navigational
(b) Section 4233 of the Revised Stat- Rules Act of 1980 (Pub. L. 96591).
utes (33 U.S.C. 301356) for vessels navi-
gating the waters subject to that stat- PART 84ANNEX I: POSITIONING
ute; AND TECHNICAL DETAILS OF
(c) The Act of February 8, 1895 (28
Stat. 645), as amended (33 U.S.C. 241
LIGHTS AND SHAPES
295) for vessels navigating the waters
Sec.
subject to that statute; or 84.01 Definitions.
(d) Sections 3, 4, and 5 of the Act of 84.03 Vertical positioning and spacing of
April 25, 1940 (54 Stat. 163), as amended lights.
(46 U.S.C. 526b, c, and d) for motorboats 84.05 Horizontal positioning and spacing of
navigating the waters subject to that lights.
211
84.01 33 CFR Ch. I (7112 Edition)
84.07 Details of location of direction-indi- (1) The forward masthead light, or if
cating lights for fishing vessels, dredgers only one masthead light is carried,
and vessels engaged in underwater oper- then that light, at a height above the
ations.
hull of not less than 5 meters, and, if
84.09 Screens.
84.11 Shapes. the breadth of the vessel exceeds 5 me-
84.13 Color specification of lights. ters, then at a height above the hull
84.15 Intensity of lights. not less than such breadth, so however
84.17 Horizontal sectors. that the light need not be placed at a
84.19 Vertical sectors. greater height above the hull than 8
84.21 Intensity of non-electric lights. meters;
84.23 Maneuvering light. (2) When two masthead lights are
84.24 High-speed craft. carried the after one shall be at least 2
84.25 Approval. [Reserved] meters vertically higher than the for-
AUTHORITY: 33 U.S.C. 2071; Department of ward one.
Homeland Security Delegation No. 0170.1. (b) The vertical separation of the
SOURCE: CGD 81008, 46 FR 62447, Dec. 24, masthead lights of power-driven vessels
1981, unless otherwise noted. shall be such that in all normal condi-
tions of trim the after light will be
84.01 Definitions. seen over and separate from the for-
(a) The term height above the hull ward light at a distance of 1000 meters
means height above the uppermost con- from the stem when viewed from water
tinuous deck. This height shall be level.
measured from the position vertically (c) The masthead light of a power-
beneath the location of the light. driven vessel of 12 meters but less than
(b) High-speed craft means a craft ca- 20 meters in length shall be placed at a
pable of maximum speed in meters per height above the gunwale of not less
second (m/s) equal to or exceeding: than 2.5 meters.
3.7S0.1667; where S=displacement cor- (d) The masthead light, or the all-
responding to the design waterline round light described in Rule 23(c), of a
(cubic meters). power-driven vessel of less than 12 me-
ters in length shall be carried at least
NOTE TO PARAGRAPH (b): The same formula one meter higher than the sidelights.
expressed in pounds and knots is maximum (e) One of the two or three masthead
speed in knots (kts) equal to exceeding 1.98
lights prescribed for a power-driven
(lbs) S0.1667; where S=displacement cor-
responding to design waterline in pounds. vessel when engaged in towing or push-
ing another vessel shall be placed in
(c) The term practical cut-off means, the same position as either the forward
for vessels 20 meters or more in length, masthead light or the after masthead
12.5 percent of the minimum luminous light, provided that the lowest after
intensity (Table 84.15(b)) corresponding masthead light shall be at least 2 me-
to the greatest range of visibility for ters vertically higher than the highest
which the requirements of Annex I are forward masthead light.
met. (f)(1) The masthead light or lights
(d) The term Rule or Rules means the prescribed in Rule 23(a) shall be so
Inland Navigation Rules contained in placed as to be above and clear of all
sec. 2 of the Inland Navigational Rules other lights and obstructions except as
Act of 1980 (Pub. L. 96591, 94 Stat. 3415, described in paragraph (f)(2) of this sec-
33 U.S.C. 2001, December 24, 1980) as tion.
amended. (2) When it is impracticable to carry
[CGD 81008, 46 FR 62447, Dec. 24, 1981, as the all-round lights prescribed in Rule
amended by CGD 94011, 63 FR 5731, Feb. 4, 27(b)(1) below the masthead lights, they
1998; USCG20120306, 77 FR 37313, June 21, may be carried above the after mast-
2012] head light(s) or vertically in between
the forward masthead light(s) and after
84.03 Vertical positioning and spac- masthead light(s), provided that in the
ing of lights. latter case the requirement of 84.05(d)
(a) On a power-driven vessel of 20 me- shall be complied with.
ters or more in length the masthead (g) The sidelights of a power-driven
lights shall be placed as follows: vessel shall be placed at least one
212
meter lower than the forward mast- (c) When the lights prescribed in Rule
head light. They shall not be so low as 27(b)(i) are placed vertically between
to be interfered with by deck lights. the forward masthead light(s) and the
(h) [Reserved] after masthead light(s) these all-round
(i) When the Rules prescribe two or lights shall be placed at a horizontal
three lights to be carried in a vertical distance of not less than 2 meters from
line, they shall be spaced as follows: the fore and aft centerline of the vessel
(1) On a vessel of 20 meters in length in the athwartship direction.
or more such lights shall be spaced not (d) When only one masthead light is
less than 1 meter apart, and the lowest prescribed for a power-driven vessel,
of these lights shall, except where a this light must be exhibited forward of
towing light is required, be placed at a amidships. For a vessel of less than 20
height of not less than 4 meters above
meters in length, the vessel shall ex-
the hull;
hibit one masthead light as far forward
(2) On a vessel of less than 20 meters
as is practicable.
in length such lights shall be spaced
not less than 1 meter apart and the (e) On power-driven vessels 50 meters
lowest of these lights shall, except but less than 60 meters in length oper-
where a towing light is required, be ated on the Western Rivers, and those
placed at a height of not less than 2 waters specified in 89.25, the hori-
meters above the gunwale; zontal distance between masthead
(3) When three lights are carried they lights shall not be less than 10 meters.
shall be equally spaced. [CGD 81008, 46 FR 62447, Dec. 24, 1981, as
(j) The lower of the two all-round amended by CGD 8807, 53 FR 10533, April 1,
lights prescribed for a vessel when en- 1988; CGD 94011, 63 FR 5731, Feb. 4, 1998]
gaged in fishing shall be a height above
the sidelights not less than twice the 84.07 Details of location of direction-
distance between the two vertical indicating lights for fishing vessels,
lights. dredgers and vessels engaged in un-
(k) The forward anchor light pre- derwater operations.
scribed in Rule 30(a)(i), when two are (a) The light indicating the direction
carried, shall not be less than 4.5 me- of the outlying gear from a vessel en-
ters above the after one. On a vessel of gaged in fishing as prescribed in Rule
50 meters or more in length this for- 26(c)(2) shall be placed at a horizontal
ward anchor light shall be placed at a distance of not less than 2 meters and
height or not less than 6 meters above not more than 6 meters away from the
the hull. two all-round red and white lights.
[CGD 81008, 46 FR 62447, Dec. 24, 1981, as This light shall be placed not higher
amended by CGD 89024, 55 FR 3947, Feb. 6, than the all-round white light pre-
1990; USCG20120306, 77 FR 37313, June 21, scribed in Rule 26(c)(1) and not lower
2012] than the sidelights.
84.05 Horizontal positioning and (b) The lights and shapes on a vessel
spacing of lights. engaged in dredging or underwater op-
erations to indicate the obstructed side
(a) Except as specified in paragraph and/or the side on which it is safe to
(e) of this section, when two masthead pass, as prescribed in Rule 27(d)(1) and
lights are prescribed for a power-driven
(2), shall be placed at the maximum
vessel, the horizontal distance between
practical horizontal distance, but in no
them must not be less than one quarter
case less than 2 meters, from the lights
of the length of the vessel but need not
or shapes prescribed in Rule 27(b)(1)
be more than 50 meters. The forward
and (2). In no case shall the upper of
light must be placed not more than one
half of the length of the vessel from the these lights or shapes be at a greater
stem. height than the lower of the three
(b) On a power-driven vessel of 20 me- lights or shapes prescribed in Rule
ters or more in length the sidelights 27(b)(1) and (2).
shall not be placed in front of the for- [CGD 81008, 46 FR 62447, Dec. 24, 1981, as
ward masthead lights. They shall be amended by USCG20120306, 77 FR 37313,
placed at or near the side of the vessel. June 21, 2012]
213
84.09 33 CFR Ch. I (7112 Edition)
84.09 Screens. is also available for inspection at the

(a) The sidelights of vessels of 20 me- National Archives and Records Admin-
ters or more in length shall be fitted istration (NARA). For information on
with mat black inboard screens and the availability of this material at
meet the requirements of 84.17. On NARA, call 2027416030, or go to: http://
vessels of less than 20 meters in length, www.archives.gov/federallregister/
the sidelights, if necessary to meet the codeloflfederallregulations/
requirements of 84.17, shall be fitted ibrllocations.html. This incorporation
with mat black inboard screens. With a by reference was approved by the Di-
combined lantern, using a single rector of the Federal Register.
vertical filament and a very narrow di- (b) The boundaries of the area for
vision between the green and red sec- each color are given by indicating the
tions, external screens need not be corner co-ordinates, which are as fol-
fitted. lows:
(b) On power-driven vessels less than (1) White:
12 meters in length constructed after x 0.525 0.525 0.452 0.310 0.310 0.443
July 31, 1983, the masthead light, or the y 0.382 0.440 0.440 0.348 0.283 0.382
all-round light described in Rule 23(c) (2) Green:
shall be screened to prevent direct illu-
mination of the vessel forward of the x 0.028 0.009 0.300 0.203
operators position. y 0.385 0.723 0.511 0.356
(3) Red:
84.11 Shapes.
x 0.680 0.660 0.735 0.721
(a) Shapes shall be black and of the y 0.320 0.320 0.265 0.259
following sizes:
(1) A ball shall have a diameter of not (4) Yellow:
less than 0.6 meter; x 0.612 0.618 0.575 0.575
(2) A cone shall have a base diameter y 0.382 0.382 0.425 0.406
of not less than 0.6 meter and a height
[CGD81008, 46 FR 62447, Dec. 24, 1981, as
equal to its diameter; amended at 69 FR 18803, Apr. 9, 2004; USCG
(3) A diamond shape shall consist of 200418057, 69 FR 34925, June 23, 2004; USCG
two cones (as defined in paragraph 20080179, 73 FR 35002, June 19, 2008; USCG
(a)(2) of this section) having a common 20100351, 75 FR 36281, June 25, 2010]
base.
(b) The vertical distance between 84.15 Intensity of lights.
shapes shall be at least 1.5 meter. (a) The minimum luminous intensity
(c) In a vessel of less than 20 meters of lights will be calculated by using the
in length shapes of lesser dimensions formula:
but commensurate with the size of the
I = 3.43 106 T D2 KD
vessel may be used and the distance
apart may be correspondingly reduced. where I is luminous intensity in candelas
under service conditions,
84.13 Color specification of lights. T is threshold factor 2 107 lux,
D is range of visibility (luminous range) of
(a) The chromaticity of all naviga- the light in nautical miles,
tion lights shall conform to the fol- K is atmospheric transmissivity. For pre-
lowing standards, which lie within the scribed lights the value of K will be 0.8,
boundaries of the area of the diagram corresponding to a meteorological visi-
specified for each color by the Inter- bility of approximately 13 nautical miles.
national Commission on Illumination (b) A selection of figures derived
(CIE), in the Colors of Light Signals, from the formula is given in Table
which is incorporated by reference. It 84.15(b):
is Publication CIE No. 2.2. (TC1.6),
1975, and is available from the Illu- TABLE 84.15(B)
mination Engineering Society, 345 East
47th Street, New York, NY 10017 and is Minimum lumi-
Range of visibility (luminous range) of nous intensity of
available for inspection at the Coast light in nautical miles D light in candelas
Guard, Ocean Engineering Division for K=0.8 I
(CG-432), (CG432), 2100 2nd St., SW., 1 ................................................................. 0.9
Stop 7901, Washington, DC 205937901. It 2 ................................................................. 4.3
214
TABLE 84.15(B)Continued 84.19 Vertical sectors.

Minimum lumi- (a) The vertical sectors of electric
Range of visibility (luminous range) of nous intensity of lights as fitted, with the exception of
light in nautical miles D light in candelas
for K=0.8 I lights on sailing vessels underway and
on unmanned barges, shall ensure that:
3 ................................................................. 12
4 ................................................................. 27
(1) At least the required minimum in-
5 ................................................................. 52 tensity is maintained at all angles
6 ................................................................. 94 from 5 degrees above to 5 degrees below
the horizontal;
[CGD 81008, 46 FR 62447, Dec. 24, 1981, as (2) At least 60 percent of the required
amended by USCG20120306, 77 FR 37313, minimum intensity is maintained from
June 21, 2012] 7.5 degrees above to 7.5 degrees below
the horizontal.
84.17 Horizontal sectors. (b) In the case of sailing vessels un-
(a)(1) In the forward direction, derway the vertical sectors of electric
sidelights as fitted on the vessel shall lights as fitted shall ensure that:
show the minimum required inten- (1) At least the required minimum in-
sities. The intensities shall decrease to tensity is maintained at all angles
reach practical cut-off between 1 and 3 from 5 degrees above to 5 degrees below
degrees outside the prescribed sectors. the horizontal;
(2) For sternlights and masthead (2) At least 50 percent of the required
lights and at 22.5 degrees abaft the minimum intensity is maintained from
beam for sidelights, the minimum re- 25 degrees above to 25 degrees below
quired intensities shall be maintained the horizontal.
over the arc of the horizon up to 5 de- (c) In the case of unmanned barges
grees within the limits of the sectors the minimum required intensity of
prescribed in Rule 21. From 5 degrees electric lights as fitted shall be main-
within the prescribed sectors the inten- tained on the horizontal.
sity may decrease by 50 percent up to (d) In the case of lights other than
the prescribed limits; it shall decrease electric lights these specifications
steadily to reach practical cut-off at shall be met as closely as possible
not more than 5 degrees outside the [CGD 81008, 46 FR 62447, Dec. 24, 1981, as
prescribed sectors. amended by CGD 89024, 55 FR 3947, Feb. 6,
(b) All-round lights shall be so lo- 1990]
cated as not to be obscured by masts,
topmasts or structures within angular 84.21 Intensity of non-electric lights.
sectors of more than 6 degrees, except Non-electric lights shall so far as
anchor lights prescribed in Rule 30, practicable comply with the minimum
which need not be placed at an imprac- intensities, as specified in the Table
ticable height above the hull, and the given in 84.15.
all-round white light described in Rule
23(d), which may not be obscured at all. 84.23 Maneuvering light.
(c) If it is impracticable to comply Notwithstanding the provisions of
with paragraph (b) of this section by 84.03(f), the maneuvering light de-
exhibiting only one all-round light, two scribed in Rule 34(b) shall be placed ap-
all-round lights shall be used suitably proximately in the same fore and aft
positioned or screened to appear, as far vertical plane as the masthead light or
as practicable, as one light at a min- lights and, where practicable, at a min-
imum distance of one nautical mile. imum height of one-half meter
NOTE TO PARAGRAPH (c): Two unscreened vertically above the forward masthead
all-round lights that are 1.28 meters apart or light, provided that it shall be carried
less will appear as one light to the naked eye not less than one-half meter vertically
at a distance of one nautical mile. above or below the after masthead
[CGD 81008, 46 FR 62447, Dec. 24, 1981, as light. On a vessel where only one mast-
amended by CGD 94011, 63 FR 5731, Feb. 4, head light is carried the maneuvering
1998; USCG20120306, 77 FR 37313, June 21, light, if fitted, shall be carried where it
2012] can best be seen, not less than one-half
215
84.24 33 CFR Ch. I (7112 Edition)
meter vertically apart from the mast- from the lights prescribed by these
head light. Rules for fishing vessels.
84.24 High-speed craft. [CGD 81006, 46 FR 61845, Dec. 21, 1981, as

(a) The masthead light of high-speed June 21, 2012]
craft with a length to breadth ratio of
less than 3.0 may be placed at a height 85.3 Signals for trawlers.
related to the breadth lower than that (a) Vessels when engaged in trawling,
prescribed in 84.03(a)(1), provided that whether using demersal or pelagic
the base angle of the isosceles triangle gear, may exhibit:
formed by the side lights and masthead (1) When shooting their nets: two
light when seen in end elevation is not white lights in a vertical line;
less than 27 degrees as determined by
(2) When hauling their nets: one
the formula in paragraph (b) of this
white light over one red light in a
section.
vertical line;
(b) The minimum height of masthead
(3) When the net has come fast upon
light above sidelights is to be deter-
an obstruction: two red lights in a
mined by the following formula: Tan
vertical line.
27=X/Y; where Y is the horizontal dis-
(b) Each vessel engaged in pair trawl-
tance between the sidelights and X is
ing may exhibit:
the height of the forward masthead
light. (1) By night, a searchlight directed
forward and in the direction of the
[CGD 94011, 63 FR 5731, Feb. 4, 1998. Redesig- other vessel of the pair;
nated by USCG19995832, 64 FR 34712, June (2) When shooting or hauling their
29, 1999]
nets or when their nets have come fast
84.25 Approval. upon an obstruction, the lights pre-
scribed in paragraph (a) of this section.
The construction of lights and shapes
and the installation of lights on board 85.5 Signals for purse seiners.
the vessel must satisfy the Com-
Vessels engaged in fishing with purse
mandant, U.S. Coast Guard.
seine gear may exhibit two yellow
[USCG19996580, 66 FR 55091, Nov. 1, 2001] lights in a vertical line. These lights
shall flash alternately every second
PART 85ANNEX II: ADDITIONAL and with equal light and occultation
SIGNALS FOR FISHING VESSELS duration. These lights may be exhib-
ited only when the vessel is hampered
FISHING IN CLOSE PROXIMITY by its fishing gear.
Sec.
85.1 General. PART 86ANNEX III: TECHNICAL
85.3 Signals for trawlers. DETAILS OF SOUND SIGNAL AP-
85.5 Signals for purse seiners. PLIANCES
AUTHORITY: Sec. 3, Pub. L. 96591.
SOURCE: CGD 81006, 46 FR 61845, Dec. 21, Subpart AWhistles
1981, unless otherwise noted. Sec.
86.01 Frequencies and range of audibility.
85.1 General.
86.03 Limits of fundamental frequencies.
The lights mentioned herein shall, if 86.05 Sound signal intensity and range of
exhibited in pursuance of Rule 26(d), be audibility.
placed where they can best be seen. 86.07 Directional properties.
They shall be at least 0.9 meter apart 86.09 Positioning of whistles.
but at a lower level than lights pre- 86.11 Fitting of more than one whistle.
scribed in Rule 26(b)(1) and (c)(1) con- 86.13 Combined whistle systems.
tained in the Inland Navigational 86.15 Towing vessel whistles.
Rules Act of 1980, as amended (33 U.S.C.
Subpart BBell or Gong
2001 et seq.). The lights shall be visible
all around the horizon at a distance of 86.21 Intensity of signal.
at least 1 mile but at a lesser distance 86.23 Construction.
216
Subpart CApproval quency of a whistle shall be between

the following limits:
86.31 Approval. [Reserved]
(a) 70200 Hz, for a vessel 200 meters
AUTHORITY: Sec. 3, Pub. L. 96591; 49 CFR or more in length;
1.46(n)(14).
(b) 130350 Hz, for a vessel 75 meters
SOURCE: CGD 81009, 46 FR 61848, Dec. 21, but less than 200 meters in length;
(c) 250525 Hz, for a vessel less than 75
meters in length.
Subpart AWhistles
86.05 Sound signal intensity and
86.01 Frequencies and range of audi- range of audibility.
bility.
The fundamental frequency of the A whistle on a vessel shall provide, in
signal shall lie within the range 70525 the direction of the forward axis of the
Hz. The range of audibility of the sig- whistle and at a distance of 1 meter
nal from a whistle shall be determined from it, a sound pressure level in at
by those frequencies, which may in- least one 13-octave band of not less
clude the fundamental and/or one or than the appropriate figure given in
more higher frequencies, which lie Table 86.05 within the following fre-
within the frequency ranges and pro- quency ranges (1 percent):
vide the sound pressure levels specified (a) 1301200 Hz, for a vessel 75 meters
in 86.05. or more in length;
(b) 2501600 Hz, for a vessel 20 meters
86.03 Limits of fundamental fre-
quencies. but less than 75 meters in length;
(c) 2502100 Hz, for a vessel 12 meters
To ensure a wide variety of whistle but less than 20 meters in length.
characteristics, the fundamental fre-
TABLE 86.05
13-octave band
Fundamental For measured level at 1 meter in Audibility range in

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

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

The sound pressure level of a direc- axis, so that the range of audibility in
tional whistle shall be not more than 4 any direction will be at least half the
dB below the sound pressure level spec- range required on the forward axis. The
ified in 86.05 in any direction in the sound pressure level shall be measured
horizontal plane within 45 degrees of in that one-third octave band which de-
the forward axis. The sound pressure termines the audibility range.
level of the whistle in any other direc-
tion in the horizontal plane shall not
be more than 10 dB less than the sound
217
86.09 33 CFR Ch. I (7112 Edition)
86.09 Positioning of whistles. tle whose characteristic falls within

(a) When a directional whistle is to the limits prescribed by 86.03 for the
be used as the only whistle on the ves- longest customary composite length of
sel and is permanently installed, it the vessel and its tow.
shall be installed with its forward axis
directed forward. Subpart BBell or Gong
(b) A whistle shall be placed as high
as practicable on a vessel, in order to 86.21 Intensity of signal.
reduce interception of the emitted A bell or gong, or other device having
sound by obstructions and also to mini- similar sound characteristics shall
mize hearing damage risk to personnel. produce a sound pressure level of not
The sound pressure level of the vessels less than 110 dB at 1 meter.
own signal at listening posts shall not
exceed 110 dB(A) and so far as prac- 86.23 Construction.
ticable should not exceed 100 dB(A).
Bells and gongs shall be made of cor-
86.11 Fitting of more than one whis- rosion-resistant material and designed
tle. to give a clear tone. The diameter of
If whistles are fitted at a distance the mouth of the bell shall be not less
apart of more than 100 meters, they than 300 mm for vessels of more than 20
shall not be sounded simultaneously. meters in length, and shall be not less
than 200 mm for vessels of 12 to 20 me-
86.13 Combined whistle systems. ters in length. The mass of the striker
shall be not less than 3 percent of the
(a) A combined whistle system is a
mass of the bell. The striker shall be
number of whistles (sound emitting
capable of manual operation. Note:
sources) operated together. For the
When practicable, a power-driven bell
purposes of the Rules a combined whis-
tle system is to be regarded as a single striker is recommended to ensure con-
whistle. stant force.
(b) The whistles of a combined sys-
tem shall: Subpart CApproval
(1) Be located at a distance apart of
not more than 100 meters, 86.31 Approval. [Reserved]
(2) Be sounded simultaneously,
(3) Each have a fundamental fre- PART 87ANNEX IV: DISTRESS
quency different from those of the oth- SIGNALS
ers by at least 10 Hz, and
(4) Have a tonal characteristic appro- Sec.
priate for the length of vessel which 87.1 Need of assistance.
shall be evidenced by at least two- 87.3 Exclusive use.
thirds of the whistles in the combined 87.5 Supplemental signals.
system having fundamental fre-
AUTHORITY: 33 U.S.C. 2071; 49 CFR 1.46.
quencies falling within the limits pre-
scribed in 86.03, or if there are only 87.1 Need of assistance.
two whistles in the combined system,
by the higher fundamental frequency The following signals, used or exhib-
falling within the limits prescribed in ited either together or separately, indi-
86.03. cate distress and need of assistance:
(a) A gun or other explosive signal
NOTE: If due to the presence of obstruc- fired at intervals of about a minute.
tions the sound field of a single whistle or of
one of the whistles referred to in 86.11 is (b) A continuous sounding with any
likely to have a zone of greatly reduced sig- fog-signaling apparatus;
nal level, a combined whistle system should (c) Rockets or shells, throwing red
be fitted so as to overcome this reduction. stars fired one at a time at short inter-
vals;
86.15 Towing vessel whistles. (d) A signal made by radiotelegraphy
A power-driven vessel normally en- or by any other signaling method con-
gaged in pushing ahead or towing sisting of the group . . . . . .
alongside may, at all times, use a whis- (SOS) in the Morse Code,
218
(e) A signal sent by radiotelephony PART 88ANNEX V: PILOT RULES

consisting of the spoken word May-
day; Sec.
(f) The International Code Signal of 88.01 Purpose and applicability.
distress indicated by N.C. 88.03 Definitions.
(g) A signal consisting of a square 88.05 Copy of rules.
flag having above or below it a ball or 88.09 Temporary exemption from light and
anything resembling a ball; shape requirements when operating
(h) Flames on the vessel (as from a under bridges.
burning tar barrel, oil barrel, etc.); 88.11 Law enforcement vessels.
(i) A rocket parachute flare or a hand 88.12 Public safety activities.
flare showing a red light; 88.13 Lights on moored barges.
(j) A smoke signal giving off orange- 88.15 Lights on dredge pipelines.
colored smoke; AUTHORITY: 33 U.S.C. 2071.
(k) Slowly and repeatedly raising and
lowering arms outstretched to each SOURCE: CGD 80158, 47 FR 16175, Apr. 15,
side; 1982, unless otherwise noted.
(l) The radiotelegraph alarm signal;
(m) The radiotelephone alarm signal; 88.01 Purpose and applicability.
(n) Signals transmitted by emer- This part applies to all vessels oper-
gency position-indicating radio bea- ating on United States inland waters
cons; and to United States vessels operating
(o) Signals transmitted by on the Canadian waters of the Great
radiocommunication systems, includ- Lakes to the extent there is no conflict
ing survival craft radar transponders with Canadian law.
meeting the requirements of 47 CFR
80.1095. 88.03 Definitions.
(p) A high intensity white light flash-
The terms used in this part have the
ing at regular intervals from 50 to 70
same meaning as defined in the Inland
times per minute.
Navigational Rules Act of 1980.
[CGD 81007, 47 FR 16174, Apr. 15, 1982, as
amended by CGD 89024, 55 FR 3947, Feb. 6, 88.05 Copy of rules.
1990; CGD 94011, 63 FR 5732, Feb. 4, 1998]
The operator of each self-propelled
87.3 Exclusive use. vessel 12 meters or more in length shall
The use or exhibition of any of the carry on board and maintain for ready
foregoing signals except for the pur- reference a copy of the Inland Naviga-
pose of indicating distress and need of tion Rules.
assistance and the use of other signals [USCG200521531, 70 FR 36349, June 23, 2005]
which may be confused with any of the
above signals is prohibited. 88.09 Temporary exemption from
light and shape requirements when
[CGD 81007, 47 FR 16174, Apr. 15, 1982] operating under bridges.
87.5 Supplemental signals. A vessels navigation lights and
Attention is drawn to the relevant shapes may be lowered if necessary to
sections of the International Code of pass under a bridge.
Signals, the Merchant Ship Search and
Rescue Manual, the International Tele- 88.11 Law enforcement vessels.
communication Union Radio Regula- (a) Law enforcement vessels may dis-
tions and the following signals: play a flashing blue light when engaged
(a) A piece of orange-colored canvas in direct law enforcement or public
with either a black square and circle or safety activities. This light must be lo-
other appropriate symbol (for identi- cated so that it does not interfere with
fication from the air); the visibility of the vessels navigation
(b) A dye marker. lights.
[CGD 81007, 47 FR 16174, Apr. 15, 1982, as (b) The blue light described in this
amended by CGD 89024, 55 FR 3947, Feb. 6, section may be displayed by law en-
1990] forcement vessels of the United States
219
88.12 33 CFR Ch. I (7112 Edition)
and the States and their political sub- lieu of the provisions of Inland Naviga-
divisions. tion Rule 30, may carry unobstructed
all-round white lights of an intensity
[CGD 80158, 47 FR 16175, Apr. 15, 1982, as
amended by CGD 90032, 56 FR 33385, July 22, to be visible for at least 1 nautical mile
1991] that meet the requirements of 84.15 of
this chapter and shall be arranged as
88.12 Public safety activities. follows:
(a) Vessels engaged in government (1) Any barge that projects from a
sanctioned public safety activities, and group formation, shall be lighted on its
commercial vessels performing similar outboard corners.
(2) On a single barge moored in water
functions, may display an alternately
where other vessels normally navigate
flashing red and yellow light signal.
on both sides of the barge, lights shall
This identification light signal must be
be placed to mark the corner extrem-
located so that it does not interfere
ities of the barge.
with the visibility of the vessels navi-
(3) On barges moored in group forma-
gation lights. The identification light
tion, moored in water where other ves-
signal may be used only as an identi-
sels normally navigate on both sides of
fication signal and conveys no special
the group, lights shall be placed to
privilege. Vessels using the identifica-
mark the corner extremities of the
tion light signal during public safety
group.
activities must abide by the Inland
(d) The following are exempt from
Navigation Rules, and must not pre-
the requirements of this section:
sume that the light or the exigency
(1) A barge or group of barges moored
gives them precedence or right of way.
in a slip or slough used primarily for
(b) Public safety activities include
mooring purposes.
but are not limited to patrolling ma- (2) A barge or group of barges moored
rine parades, regattas, or special water behind a pierhead.
celebrations; traffic control; salvage; (3) A barge less than 20 meters in
firefighting; medical assistance; assist- length when moored in a special an-
ing disabled vessels; and search and chorage area designated in accordance
rescue. with 109.10 of this chapter.
[CGD 90032, 56 FR 33386, July 22, 1991] (e) Barges moored in well-illumi-
nated areas are exempt from the light-
88.13 Lights on moored barges. ing requirements of this section. These
(a) The following barges shall display areas are as follows:
at night and if practicable in periods of
restricted visibility the lights de- CHICAGO SANITARY SHIP CANAL
scribed in paragraph (b) of this section: (1) Mile 293.2 to 293.9
(1) Every barge projecting into a (3) Mile 295.2 to 296.1
buoyed or restricted channel. (5) Mile 297.5 to 297.8
(2) Every barge so moored that it re- (7) Mile 298 to 298.2
(9) Mile 298.6 to 298.8
duces the available navigable width of (11) Mile 299.3 to 299.4
any channel to less than 80 meters. (13) Mile 299.8 to 300.5
(3) Barges moored in groups more (15) Mile 303 to 303.2
than two barges wide or to a maximum (17) Mile 303.7 to 303.9
width of over 25 meters. (19) Mile 305.7 to 305.8
(4) Every barge not moored parallel (21) Mile 310.7 to 310.9
(23) Mile 311 to 311.2
to the bank or dock.
(25) Mile 312.5 to 312.6
(b) Barges described in paragraph (a) (27) Mile 313.8 to 314.2
of this section shall carry two unob- (29) Mile 314.6
structed all-round white lights of an (31) Mile 314.8 to 315.3
intensity to be visible for at least 1 (33) Mile 315.7 to 316
nautical mile and meeting the tech- (35) Mile 316.8
nical requirements as prescribed in (37) Mile 316.85 to 317.05
(39) Mile 317.5
84.15 of this chapter. (41) Mile 318.4 to 318.9
(c) A barge or group of barges at an- (43) Mile 318.7 to 318.8
chor or made fast to one or more moor- (45) Mile 320 to 320.3
ing buoys or other similar device, in (47) Mile 320.6
220
(49) Mile 322.3 to 322.4 PART 89INLAND NAVIGATION
(51) Mile 322.8
(53) Mile 322.9 to 327.2 RULES: IMPLEMENTING RULES
CALUMET SAG CHANNEL Subpart ACertificate of Alternative
(61) Mile 316.5 Compliance
LITTLE CALUMET RIVER Sec.

89.1 Definitions.
(71) Mile 321.2 89.3 General.
(73) Mile 322.3 89.5 Application for a Certificate of Alter-
native Compliance.
CALUMET RIVER 89.9 Certificate of Alternative Compliance:
(81) Mile 328.5 to 328.7 Contents.
(83) Mile 329.2 to 329.4 89.17 Certificate of Alternative Compliance:
(85) Mile 330 west bank to 330.2 Termination.
(87) Mile 331.4 to 331.6 89.18 Record of certification of vessels of
(89) Mile 332.2 to 332.4 special construction or purpose.
(91) Mile 332.6 to 332.8
Subpart BWaters Upon Which Certain
CUMBERLAND RIVER Inland Navigation Rules Apply
(101) Mile 126.8 89.21 Purpose.
(103) Mile 191 89.23 Definitions.
89.25 Waters upon which Inland Rules
[CGD 80158, 47 FR 16175, Apr. 15, 1982, as
9(a)(ii), 14(d), and 15(b) apply.
89.27 Waters upon which Inland Rule 24(i)
1998]
applies.
88.15 Lights on dredge pipelines. AUTHORITY: 33 U.S.C. 2071; 49 CFR
1.46(n)(14).
Dredge pipelines that are floating or
supported on trestles shall display the SOURCE: CGD 80157, 47 FR 13801, Apr. 1,
following lights at night and in periods 1982, unless otherwise noted.
of restricted visibility.
(a) One row of yellow lights. The Subpart ACertificate of
lights must be: Alternative Compliance
(1) Flashing 50 to 70 times per
minute, 89.1 Definitions.
(2) Visible all around the horizon, As used in this subpart:
(3) Visible for at least 2 miles on a Inland Rules refers to the Inland
clear dark night, Navigation Rules contained in the In-
(4) Not less than 1 and not more than land Navigational Rules Act of 1980
3.5 meters above the water, (Pub. L. 96591) and the technical an-
(5) Approximately equally spaced, nexes established under that act.
and A vessel of special construction or pur-
(6) Not more than 10 meters apart pose means a vessel designed or modi-
where the pipeline crosses a navigable fied to perform a special function and
channel. Where the pipeline does not whose arrangement is thereby made
cross a navigable channel the lights relatively inflexible.
must be sufficient in number to clearly Interference with the special function of
show the pipelines length and course. the vessel occurs when installation or
(b) Two red lights at each end of the use of lights, shapes, or sound-sig-
pipeline, including the ends in a chan- naling appliances under the Inland
nel where the pipeline is separated to Rules prevents or significantly hinders
allow vessels to pass (whether open or the operation in which the vessel is
closed). The lights must be: usually engaged.
(1) Visible all around the horizon, and [CGD 80157, 47 FR 13801, Apr. 1, 1982, as
(2) Visible for at least 2 miles on a amended by CGD 83028, 49 FR 33876, Aug. 27,
clear dark night, and 1984]
(3) One meter apart in a vertical line
with the lower light at the same height 89.3 General.
above the water as the flashing yellow Vessels of special construction or
light. purpose which cannot fully comply
221
with the light, shape, and sound signal (ii) A description of the special func-
provisions of the Inland Rules without tion of the vessel that would be inter-
interfering with their special function fered with by full compliance with the
may instead meet alternative require- provision of that Rule or Annex sec-
ments. The Chief of the Marine Safety tion; and
Division in each Coast Guard District (iii) A statement of how full compli-
Office makes this determination and ance would interfere with the special
requires that alternative compliance function of the vessel.
be as close as possible with the Inland (6) A description of the alternative
Rules. These regulations set out the installation that is in closest possible
procedure by which a vessel may be compliance with the applicable Inland
certified for alternative compliance. Navigation Rules Rule or Annex sec-
The information collection and record- tion.
keeping requirements in 89.5 and (7) A copy of the vessels plans or an
89.18 have been approved by the Office accurate scale drawing that clearly
of Management and Budget under OMB shows:
control No. 16250019. (i) The required installation of the
[CGD 80157, 47 FR 13801, Apr. 1, 1982, as equipment under the Inland Rules,
amended by USCG200625150, 71 FR 39208, (ii) The proposed installation of the
July 12, 2006] equipment for which certification is
being sought, and
89.5 Application for a Certificate of (iii) Any obstructions that may
Alternative Compliance. interfere with the equipment when in-
(a) The owner, builder, operator, or stalled in:
agent of a vessel of special construc- (A) The required location; and
tion or purpose who believes the vessel (B) The proposed location.
cannot fully comply with the Inland (b) The Coast Guard may request
Rules light, shape, or sound signal pro- from the applicant additional informa-
visions without interference with its tion concerning the application.
special function may apply for a deter-
[CGD 80157, 47 FR 13801, Apr. 1, 1982; 47 FR
mination that alternative compliance 18332, Apr. 29, 1982]
is justified. The application must be in
writing, submitted to the Chief of the 89.9 Certificate of Alternative Com-
Marine Safety Division of the Coast pliance: Contents.
Guard District in which the vessel is The Chief of the Marine Safety Divi-
being built or operated, and include the sion issues the Certificate of Alter-
following information: native Compliance to the vessel based
(1) The name, address, and telephone on a determination that it cannot com-
number of the applicant. ply fully with Inland Rules light,
(2) The identification of the vessel by shape, and sound signal provisions
its: without interference with its special
(i) Official number; function. This Certificate includes:
(ii) Shipyard hull number; (a) Identification of the vessel as sup-
(iii) Hull identification number; or plied in the application under
(iv) State number, if the vessel does 89.5(a)(2);
not have an official number or hull (b) The provision of the Inland Rules
identification number. for which the Certificate authorizes al-
(3) Vessel name and home port, if ternative compliance;
known. (c) A certification that the vessel is
(4) A description of the vessels area unable to comply fully with the Inland
of operation. Rules light, shape, and sound signal re-
(5) A description of the provision for quirements without interference with
which the Certificate of Alternative its special function;
Compliance is sought, including: (d) A statement of why full compli-
(i) The Inland Rules Rule or Annex ance would interfere with the special
section number for which the Certifi- function of the vessel;
cate of Alternative Compliance is (e) The required alternative installa-
sought; tion;
222
(f) A statement that the required al- Rules 9(a)(ii), 14(d), 15(b), and 24(i)
ternative installation is in the closest apply.
possible compliance with the Inland [CGD 85081, 51 FR 4592, Feb. 6, 1986]
Rules without interfering with the spe-
cial function of the vessel; 89.23 Definitions.
(g) The date of issuance;
(h) A statement that the Certificate As used in this subpart:
of Alternative Compliance terminates Inland Rules refers to the Inland
when the vessel ceases to be usually Navigation Rules contained in the In-
engaged in the operation for which the land Navigational Rules Act of 1980
certificate is issued. (Pub. L. 96591, 33 U.S.C. 2001 et. seq.)
and the technical annexes established
89.17 Certificate of Alternative Com- under that Act.
pliance: Termination. [CGD 83028, 49 FR 33876, Aug. 27, 1984]
The Certificate of Alternative Com-
pliance terminates if the information 89.25 Waters upon which Inland
supplied under 89.5(a) or the Certifi- Rules 9(a)(ii), 14(d), and 15(b) apply.
cate issued under 89.9 is no longer ap- Inland Rules 9(a)(ii), 14(d), and 15(b)
plicable to the vessel. apply on the Great Lakes, the Western
Rivers, and the following specified wa-
89.18 Record of certification of ves- ters:
sels of special construction or pur- (a) Tennessee-Tombigbee Waterway.
pose. (b) Tombigbee River.
(a) Copies of Certificates of Alter- (c) Black Warrior River.
native Compliance and documentation (d) Alabama River.
concerning Coast Guard vessels are (e) Coosa River.
available for inspection at the offices (f) Mobile River above the Cochrane
of Assistant Commandant for Marine Bridge at St. Louis Point.
Safety, Security and Environmental (g) Flint River.
Protection, U.S. Coast Guard Head- (h) Chattachoochee River.
quarters, (CG5), 2100 2nd St. SW., Stop (i) The Apalachicola River above its
7355, Washington, DC 205937355. confluence with the Jackson River.
(b) The owner or operator of a vessel [CGD 91050, 58 FR 27625, May 10, 1993]
issued a Certificate shall ensure that
the vessel does not operate unless the 89.27 Waters upon which Inland Rule
Certificate of Alternative Compliance 24(i) applies.
or a certified copy of that Certificate is (a) Inland Rule 24(i) applies on the
on board the vessel and available for Western Rivers and the specified wa-
inspection by Coast Guard personnel. ters listed in 89.25 (a) through (i).
[CGD 80187, 47 FR 13801, Apr. 1, 1982, as (b) Inland Rule 24(i) applies on the
amended by CGD 88052, 53 FR 25120, July 1, Gulf Intracoastal Waterway from St.
1988; CGD 96026, 61 FR 33663, June 28, 1996; Marks, Florida, to the Rio Grande,
CGD 97023, 62 FR 33363, June 19, 1997; USCG Texas, including the Morgan City-Port
200212471, 67 FR 41332, June 18, 2002; USCG
Allen Alternate Route and the Gal-
20100351, 75 FR 36281, June 25, 2010]
veston-Freeport Cutoff, except that a
power-driven vessel pushing ahead or
Subpart BWaters Upon Which towing alongside shall exhibit the
Certain Inland Navigation lights required by Inland Rule 24(c),
Rules Apply while transiting within the following
areas:
89.21 Purpose. (1) St. Andrews Bay from the Hatha-
Inland Navigation Rules 9(a)(ii), way Fixed Bridge at Mile 284.6 East of
14(d), and 15(b) apply to the Great Harvey Locks (EHL) to the DuPont
Lakes, and along with 24(i), apply on Fixed Bridge at Mile 295.4 EHL.
the Western Rivers as defined in (2) Pensacola Bay, Santa Rosa Sound
Rule 3(1), and to additional specifically and Big Lagoon from the Light 10 off
designated waters. The purpose of this of Trout Point at Mile 176.9 EHL to the
Subpart is to specify those additional Pensacola Fixed Bridge at Mile 189.1
waters upon which Inland Navigation EHL.
223
(3) Mobile Bay and Bon Secour Bay 90.3 Pushing vessel and vessel being pushed:
from the Dauphin Island Causeway Composite unit.
Fixed Bridge at Mile 127.7 EHL to Lit- 90.5 Lights for moored vessels.
tle Point Clear at Mile 140 EHL. 90.7 Sidelights for unmanned barges.
(4) Mississippi Sound from Grand Is- AUTHORITY: 33 U.S.C. 2071; 49 CFR
land Waterway Light 1 at Mile 53.8 1.46(n)(14).
EHL to Light 40 off the West Point
SOURCE: CGD 83011, 48 FR 51622, Nov. 10,
of Dauphin Island at Mile 118.7 EHL. 1983, unless otherwise noted.
(5) The Mississippi River at New Orle-
ans, Mississippi River-Gulf Outlet 90.1 Purpose.
Canal and the Inner Harbor Navigation
Canal from the junction of the Harvey This part contains the interpretative
Canal and the Algiers Alternate Route rules for the Inland Rules. These inter-
at Mile 6.5 West of Harvey Locks pretative rules are intended as a guide
(WHL) to the Michoud Canal at Mile 18 to assist the public and promote com-
EHL. pliance with the Inland Rules.
(6) The Calcasieu River from the
90.3 Pushing vessel and vessel being
Calcasieu Lock at Mile 238.6 WHL to pushed: Composite unit.
the Ellender Lift Bridge at Mile 243.6
WHL. Rule 24(b) of the Inland Rules states
(7) The Sabine Neches Canal from that when a pushing vessel and a vessel
mile 262.5 WHL to mile 291.5 WHL. being pushed ahead are rigidly con-
(8) Bolivar Roads from the Bolivar nected in a composite unit, they are re-
Assembling Basin at Mile 346 WHL to garded as a power-driven vessel and
the Galveston Causeway Bridge at Mile must exhibit the lights prescribed in
357.3 WHL. Rule 23. A composite unit is inter-
(9) Freeport Harbor from Surfside preted to be the combination of a push-
Beach Fixed Bridge at Mile 393.8 WHL ing vessel and a vessel being push
to the Bryan Beach Pontoon Bridge at ahead that are rigidly connected by
Mile 397.6 WHL. mechanical means so they react to sea
(10) Matagorda Ship Channel area of and swell as one vessel. Mechanical
Matagorda Bay from Range K Front means does not include lines, wires,
Light at Mile 468.7 WHL to the Port hawsers, or chains.
OConnor Jetty at Mile 472.2 WHL.
(11) Corpus Christi Bay from Redfish 90.5 Lights for moored vessels.
Bay Day Beacon 55 at Mile 537.4 A vessel at anchor includes a vessel
WHL when in the Gulf Intracoastal Wa- made fast to one or more mooring
terway main route or from the north buoys or other similar device attached
end of Lydia Ann Island Mile 531.1A to the ocean floor. Such vessels may be
when in the Gulf Intracoastal Water- lighted as a vessel at anchor in accord-
way Alternate Route to Corpus Christi ance with Rule 30, or may be lighted on
Bay LT 76 at Mile 543.7 WHL. the corners in accordance with 33 CFR
(12) Port Isabel and Brownsville Ship 88.13.
Channel south of the Padre Island
Causeway Fixed Bridge at Mile 665.1 [CGD 94011, 63 FR 5732, Feb. 4, 1998]
WHL.
90.7 Sidelights for unmanned barges.
[CGD 91050, 58 FR 27625, May 10, 1993]
An unmanned barge being towed may
use the exception of COLREGS Rule
PART 90INLAND RULES: 24(h). However, this exception only ap-
INTERPRETATIVE RULES plies to the vertical sector require-
ments for sidelights.
Sec.
90.1 Purpose. [CGD 94011, 63 FR 5732, Feb. 4, 1998]
224
SUBCHAPTER FVESSEL OPERATING REGULATIONS
PART 95OPERATING A VESSEL jurisdiction of the United States, and

WHILE UNDER THE INFLUENCE OF to a vessel owned in the United States
ALCOHOL OR A DANGEROUS on the high seas. This includes a for-
eign vessel operated on waters subject
DRUG to the jurisdiction of the United
States.
Sec.
(b) This part is also applicable at all
95.001 Purpose.
95.005 Applicability. times to vessels inspected, or subject
95.010 Definition of terms as used in this to inspection, under Chapter 33 of Title
part. 46 United States Code.
95.015 Operating a vessel.
[CGD 84099, 52 FR 47532, Dec. 14, 1987; CGD
95.020 Standard for under the influence of
84009, 53 FR 13117, Apr. 21, 1988]
alcohol or a dangerous drug.
95.025 Adoption of State blood alcohol con-
centration levels.
95.010 Definition of terms as used in
95.030 Evidence of under the influence of al- this part.
cohol or a dangerous drug. Alcohol means any form or derivative
95.035 Reasonable cause for directing a of ethyl alcohol (ethanol).
chemical test. Alcohol concentration means either
95.040 Refusal to submit to testing.
grams of alcohol per 100 milliliters of
95.045 General operating rules for vessels in-
spected, or subject to inspection, under blood, or grams of alcohol per 210 liters
Chapter 33 of Title 46 United States Code. of breath.
95.050 Responsibility for compliance. Blood alcohol concentration level
means a certain percentage of alcohol
AUTHORITY: 33 U.S.C. 2071; 46 U.S.C. 2302;
Department of Homeland Security Delega- in the blood.
tion No. 0170.1. Chemical test means a test which ana-
lyzes an individuals breath, blood,
SOURCE: CGD 84099, 52 FR 47532, Dec. 14,
urine, saliva and/or other bodily fluids
or tissues for evidence of drug or alco-
95.001 Purpose. hol use.
Controlled substance has the same
(a) The purpose of this part is to es- meaning assigned by 21 U.S.C. 802 and
tablish under the influence of alcohol includes all substances listed on Sched-
or a dangerous drug standards under 46 ules I through V as they may be re-
U.S.C. 2302 and to prescribe restrictions vised from time to time (21 CFR Part
and responsibilities for personnel on 1308).
vessels inspected, or subject to inspec- Drug means any substance (other
tion, under Chapter 33 of Title 46 than alcohol) that has known mind or
United States Code. This part does not function-altering effects on a person,
pre-empt enforcement by a State of its specifically including any psychoactive
applicable laws and regulations con- substance, and including, but not lim-
cerning operating a recreational vessel ited to, controlled substances.
while under the influence of alcohol or Intoxicant means any form of alcohol,
a dangerous drug. drug or combination thereof.
(b) Nothing in this part shall be con- Law enforcement officer means a Coast
strued as limiting the authority of a Guard commissioned, warrant, or petty
vessels marine employer to limit or officer; or any other law enforcement
prohibit the use or possession of alco- officer authorized to obtain a chemical
hol on board a vessel. test under Federal, State, or local law.
[CGD 84099, 52 FR 47532, Dec. 14, 1987, as Marine employer means the owner,
amended by USCG19984593, 66 FR 1862, Jan. managing operator, charterer, agent,
10, 2001] master, or person in charge of a vessel
other than a recreational vessel.
95.005 Applicability. Recreational vessel means a vessel
(a) This part is applicable to a vessel meeting the definition in 46 U.S.C.
(except those excluded by 46 U.S.C. 2101(25) that is then being used only for
2109) operated on waters subject to the pleasure.
225
95.015 33 CFR Ch. I (7112 Edition)
State means a State or Territory of percent or more, by weight, in their

the United States of America including blood;
but not limited to a State of the (b) The individual is operating a ves-
United States, American Samoa, the sel other than a recreational vessel and
Commonwealth of the Northern Mari- has an alcohol concentration of .04 per-
anas Islands, District of Columbia, cent by weight or more in their blood;
Guam, Puerto Rico, and the United or,
States Virgin Islands. (c) The individual is operating any
Under the influence means impaired vessel and the effect of the intoxi-
or intoxicated by a drug or alcohol as cant(s) consumed by the individual on
a matter of law. the persons manner, disposition,
Underway means that a vessel is not speech, muscular movement, general
at anchor, or made fast to the shore, or
appearance or behavior is apparent by
aground.
observation.
Vessel includes every description of
watercraft or other artificial contriv- [CGD 84099, 52 FR 47532, Dec. 14, 1987; CGD
ance used, or capable of being used, as 84099, 53 FR 13117, April 21, 1988, as amended
a means of transportation on water. by USCG19984593, 66 FR 1862, Jan. 10, 2001]
Vessel owned in the United States
means any vessel documented or num- 95.025 Adoption of State blood alco-
bered under the laws of the United hol concentration levels.
States; and, any vessel owned by a cit- (a) This section applies to operators
izen of the United States that is not of recreational vessels on waters with-
documented or numbered by any na- in the geographical boundaries of any
tion. State that has established by statute a
Waters subject to the jurisdiction of the blood alcohol concentration level for
United States means those waters de- purposes of determining whether a per-
scribed in 2.38 of this chapter. son is operating a vessel under the in-
[CGD 84099, 52 FR 47532, Dec. 14, 1987; CGD fluence of alcohol.
84099, 53 FR 13117, April 21, 1988, as amended (b) If the applicable State statute es-
by USCG19984593, 66 FR 1862, Jan. 10, 2001; tablishes a blood alcohol concentration
USCG20019044, 68 FR 42601, July 18, 2003] level at which a person is considered or
presumed to be under the influence of
95.015 Operating a vessel.
alcohol, then that level applies within
For purposes of this part, an indi- the geographical boundaries of that
vidual is considered to be operating a State instead of the level provided in
vessel when: 95.020(a) of this part.
(a) The individual has an essential (c) For the purposes of this part, a
role in the operation of a recreational standard established by State statute
vessel underway, including but not lim- and adopted under this section is appli-
ited to navigation of the vessel or con- cable to the operation of any rec-
trol of the vessels propulsion system. reational vessel on waters within the
(b) The individual is a crewmember geographical boundaries of the State.
(including an officer), pilot, or
watchstander not a regular member of [CGD 84099, 52 FR 47532, Dec. 14, 1987, as
the crew, of a vessel other than a rec- amended by USCG19984593, 66 FR 1862, Jan.
reational vessel. 10, 2001]
[CGD 84099, 52 FR 47532, Dec. 14, 1987, as 95.030 Evidence of under the influ-
amended at USCG200624371, 74 FR 11211, ence of alcohol or a dangerous
Mar. 16, 2009] drug.
95.020 Standard for under the influ- Acceptable evidence of when a vessel
ence of alcohol or a dangerous operator is under the influence of alco-
drug. hol or a dangerous drug includes, but is
An individual is under the influence not limited to:
of alcohol or a dangerous drug when: (a) Personal observation of an indi-
(a) The individual is operating a rec- viduals manner, disposition, speech,
reational vessel and has a Blood Alco- muscular movement, general appear-
hol Concentration (BAC) level of .08 ance, or behavior; or,
226
(b) A chemical test. 95.045 General operating rules for

vessels inspected, or subject to in-
[CGD 84099, 53 FR 13117, April 21, 1988; CGD spection, under Chapter 33 of Title
84009, 53 FR 13117, Apr. 21, 1988, as amended 46 United States Code.
by USCG19984593, 66 FR 1862, Jan. 10, 2001]
While on board a vessel inspected, or
95.035 Reasonable cause for direct- subject to inspection, under Chapter 33
ing a chemical test. of Title 46 United States Code, a crew-
member (including an officer), pilot, or
(a) Only a law enforcement officer or
watchstander not a regular member of
a marine employer may direct an indi- the crew:
vidual operating a vessel to undergo a (a) Shall not perform or attempt to
chemical test when reasonable cause perform any scheduled duties within
exists. Reasonable cause exists when: four hours of consuming any alcohol;
(1) The individual was directly in- (b) Shall not be intoxicated at any
volved in the occurrence of a marine time;
casualty as defined in Chapter 61 of (c) Shall not consume any intoxicant
Title 46, United States Code, or while on watch or duty; and
(2) The individual is suspected of (d) May consume a legal non-pre-
being in violation of the standards in scription or prescription drug provided
95.020 or 95.025. the drug does not cause the individual
(b) When an individual is directed to to be intoxicated.
undergo a chemical test, the individual [CGD 84099, 52 FR 47532, Dec. 14, 1987, as
to be tested must be informed of that amended at USCG200624371, 74 FR 11211,
fact and directed to undergo a test as Mar. 16, 2009]
soon as is practicable.
95.050 Responsibility for compliance.
(c) When practicable, a marine em-
ployer should base a determination of (a) The marine employer shall exer-
the existence of reasonable cause, cise due diligence to assure compliance
under paragraph (a)(2) of this section, with the applicable provisions of this
part.
on observation by two persons.
(b) If the marine employer has reason
[CGD 84099, FR 47532, Dec. 14, 1987; CGD 84 to believe that an individual is intoxi-
099, 53 FR 13117, Apr. 1, 1988] cated, the marine employer shall not
allow that individual to stand watch or
95.040 Refusal to submit to testing. perform other duties.
(a) If an individual refuses to submit
to or cooperate in the administration PART 96RULES FOR THE SAFE OP-
of a timely chemical test when di- ERATION OF VESSELS AND SAFE-
rected by a law enforcement officer TY MANAGEMENT SYSTEMS
based on reasonable cause, evidence of
the refusal is admissible in evidence in Subpart AGeneral
any administrative proceeding and the
Sec.
individual will be presumed to be under 96.100 Purpose.
the influence of alcohol or a dangerous 96.110 Who does this subpart apply to?
drug. 96.120 Definitions.
(b) If an individual refuses to submit 96.130 Incorporation by reference.
to or cooperate in the administration
Subpart BCompany and Vessel Safety
of a timely chemical test when di- Management Systems
rected by the marine employer based
on reasonable cause, evidence of the re- 96.200 Purpose.
fusal is admissible in evidence in any 96.210 Who does this subpart apply to?
96.220 What makes up a safety management
administrative proceeding.
system?
[CGD 84099, 52 FR 47532, Dec. 14, 1987, as 96.230 What objectives must a safety man-
amended by USCG19984593, 66 FR 1862, Jan. agement system meet?
10, 2001] 96.240 What functional requirements must a
safety management system meet?
96.250 What documents and reports must a
safety management system have?
227
96.100 33 CFR Ch. I (7112 Edition)
Subpart CHow Will Safety Management Subpart AGeneral

Systems Be Certificated and Enforced?
96.100 Purpose.
96.300 Purpose.
96.310 Who does this subpart apply to? This subpart implements Chapter IX
96.320 What is involved to complete a safety of the International Convention for the
management audit and when is it re- Safety of Life at Sea (SOLAS), 1974,
quired to be completed? International Management Code for
96.330 Document of Compliance certificate: the Safe Operation of Ships and for
what is it and when is it needed? Pollution Prevention (International
96.340 Safety Management Certificate: what Safety Management (ISM) Code), as re-
is it and when is it needed? quired by 46 U.S.C. Chapter 32.
96.350 Interim Document of Compliance cer-
tificate: what is it and when can it be NOTE: Chapter IX of SOLAS is available
used? from the International Maritime Organiza-
96.360 Interim Safety Management Certifi- tion, Publication Section, 4 Albert Embank-
ment, London, SE1 75R, United Kingdom,
cate: what is it and when can it be used?
Telex 23588. Please include document ref-
96.370 What are the requirements for vessels erence number IMO190E in your request.
of countries not party to Chapter IX of
SOLAS? 96.110 Who does this subpart apply
96.380 How will the Coast Guard handle to?
compliance and enforcement of these
regulations? This subpart applies to you if
96.390 When will the Coast Guard deny (a) You are a responsible person who
entry into a U.S. port? owns a U.S. vessel(s) and must comply
with Chapter IX of SOLAS;
Subpart DAuthorization of Recognized (b) You are a responsible person who
Organizations To Act on Behalf of the U.S. owns a U.S. vessel(s) that is not re-
quired to comply with Chapter IX of
96.400 Purpose.
SOLAS, but requests application of
96.410 Who does this regulation apply to?
this subpart;
96.420 What authority may an organization
ask for under this regulation?
(c) You are a responsible person who
96.430 How does an organization submit a
owns a foreign vessel(s) engaged on a
request to be authorized? foreign voyage, bound for ports or
96.440 How will the Coast Guard decide places under the jurisdiction of the
whether to approve an organizations re- U.S., which must comply with Chapter
quest to be authorized? IX of SOLAS; or
96.450 What happens if the Coast Guard dis- (d) You are a recognized organization
approves an organizations request to be applying for authorization to act on be-
authorized? half of the U.S. to conduct safety man-
96.460 How will I know what the Coast agement audits and issue international
Guard requires of my organization if my convention certificates.
organization receives authorization?
96.470 How does the Coast Guard terminate 96.120 Definitions.
an organizations authorization?
(a) Unless otherwise stated in this
96.480 What is the status of a certificate if
the issuing organization has its author-
section, the definitions in Chapter IX,
ity terminated? Regulation 1 of the International Con-
96.490 What further obligations exist for my vention for the Safety of Life at Sea
organization if the Coast Guard termi- (SOLAS) apply to this part.
nates its authorization? (b) As used in this part
96.495 How can I appeal a decision made by Administration means the Govern-
an authorized organization? ment of the State whose flag the ship
is entitled to fly.
AUTHORITY: 46 U.S.C. 3201 et. seq.; 46 U.S.C.
3103; 46 U.S.C. 3316, 33 U.S.C. 1231; 49 CFR Authorized Organization Acting on be-
1.45, 49 CFR 1.46. half of the U.S. means an organization
that is recognized by the Commandant
SOURCE: CGD 95073, 62 FR 67506, Dec. 24, of the U.S. Coast Guard under the min-
1997, unless otherwise noted. imum standards of subparts A and B of
EDITORIAL NOTE: Nomenclature changes to 46 CFR part 8, and has been authorized
part 96 appear at 75 FR 36281, June 25, 2010. under this section to conduct certain
228
actions and certifications on behalf of quirement of the ISM Code is also con-
the United States. sidered a major non-conformity.
Captain of the Port (COTP) means the Objective Evidence means quantitative
U.S. Coast Guard officer as described in or qualitative information, records or
33 CFR 6.013, commanding a Captain statements of fact pertaining to safety
of the Port zone described in 33 CFR or to the existence and implementation
part 3, or that persons authorized rep- of a safety management system ele-
resentative. ment, which is based on observation,
Commandant means the Commandant, measurement or test and which can be
U.S. Coast Guard. verified.
Company means the owner of a vessel, Officer In Charge, Marine Inspection
or any other organization or person (OCMI) means the U.S. Coast Guard of-
such as the manager or the bareboat ficer as described in 46 CFR 1.0115(b),
charterer of a vessel, who has assumed in charge of an inspection zone de-
the responsibility for operation of the scribed in 33 CFR part 3, or that per-
vessel from the shipowner and who on sons authorized representative.
assuming responsibility has agreed to Recognized organization means an or-
take over all the duties and respon- ganization which has applied and been
sibilities imposed by this part or the recognized by the Commandant of the
ISM Code. Coast Guard to meet the minimum
Designated person means a person or standards of 46 CFR part 8, subparts A
persons designated in writing by the and B.
responsible person who monitors the Responsible person means
safety management system of the com- (1) The owner of a vessel to whom
pany and vessel and has: this part applies, or
(2) Any other person that
(1) Direct access to communicate
(i) has assumed the responsibility
with the highest levels of the company
from the owner for operation of the
and with all management levels ashore
vessel to which this part applies; and
and aboard the companys vessel(s);
(ii) agreed to assume, with respect to
(2) Responsibility to monitor the
the vessel, responsibility for complying
safety and environmental aspects of
with all the requirements of this part.
the operation of each vessel; and
(3) A responsible person may be a
(3) Responsibility to ensure there are company, firm, corporation, associa-
adequate support and shore-based re- tion, partnership or individual.
sources for vessel(s) operations. Safety management audit means a sys-
Document of Compliance means a cer- tematic and independent examination
tificate issued to a company or respon- to determine whether the safety man-
sible person that complies with the re- agement system activities and related
quirements of this part or the ISM results comply with planned arrange-
Code. ments and whether these arrangements
International Safety Management are implemented effectively and are
(ISM) Code means the International suitable to achieve objectives.
Management Code for the Safe Oper- Safety Management Certificate means a
ation of Ships and Pollution Preven- document issued to a vessel which sig-
tion, Chapter IX of the Annex to the nifies that the responsible person or its
International Convention for the Safe- company, and the vessels shipboard
ty of Life at Sea (SOLAS), 1974. management operate in accordance
Non-conformity means an observed with the approved safety management
situation where objective evidence in- system.
dicates the non-fulfillment of a speci- Safety Management System means a
fied requirement. structured and documented system en-
Major non-conformity means an iden- abling Company and vessel personnel
tifiable deviation which poses a serious to effectively implement the respon-
threat to personnel or vessel safety or sible persons safety and environmental
a serious risk to the environment and protection policies.
requires immediate corrective action; SOLAS means the International Con-
in addition, the lack of effective and vention for the Safety of Life at Sea,
systematic implementation of a re- 1974, as amended.
229
96.130 33 CFR Ch. I (7112 Edition)
Vessel engaged on a foreign voyage Behalf of the Administration, November

means a vessel to which this part ap- 4, 199396.440
plies that is [CGD 95073, 62 FR 67506, Dec. 24, 1997, as
(1) Arriving at a place under the ju- amended at 69 FR 18803, Apr. 9, 2004]
risdiction of the United States from a
place in a foreign country; Subpart BCompany and Vessel
(2) Making a voyage between places Safety Management Systems
outside the United States; or
(3) Departing from a place under the 96.200 Purpose.
jurisdiction of the United States for a This subpart establishes the min-
place in a foreign country. imum standards that the safety man-
agement system of a company and its
96.130 Incorporation by reference. U.S. flag vessel(s) must meet for cer-
(a) The Director of the Federal Reg- tification to comply with the require-
ister approves certain material that is ments of 46 U.S.C. 32013205 and Chap-
incorporated by reference into this sub- ter IX of SOLAS, 1974. It also permits
part under 5 U.S.C. 552(a) and 1 CFR companies with U.S. flag vessels that
part 51. To enforce any edition other are not required to comply with this
than that specified in paragraph (b) of part to voluntarily develop safety man-
this section, the Coast Guard must agement systems which can be certifi-
publish notice of the change in the cated to standards consistent with
FEDERAL REGISTER and the material Chapter IX of SOLAS.
must be available to the public. You
may inspect all material at the U.S. 96.210 Who does this subpart apply
Coast Guard, Office of Design and Engi- to?
neering Standards (CG521), 2100 2nd St. (a) This subpart applies
SW., Stop 7126, Washington, DC 20593 (1) To a responsible person who owns
7126, or at the National Archives and or operates a U.S. vessel(s) engaged on
Records Administration (NARA), and a foreign voyage which meet the condi-
receive it from the source listed in tions of paragraph (a)(2) of this section;
paragraph (b) of this section. For infor- (2) To all U.S. vessels engaged on a
mation on the availability of this ma- foreign voyage that are
terial at NARA, call 2027416030, or go (i) A vessel transporting more than 12
to: http://www.archives.gov/ passengers; or
federallregister/ (ii) A tanker, a bulk freight vessel, a
codeloflfederallregulations/ freight vessel or a self-propelled mobile
ibrllocations.html. offshore drilling unit (MODU) of 500
(b) The material approved for incor- gross tons or more; and
poration by reference in this subpart (3) To all foreign vessels engaged on a
and the sections affected are as follows: foreign voyage, bound for ports or
places under the jurisdiction of the
American National Standards Institute (ANSI) U.S., and subject to Chapter IX of
11 West 42nd St., New York, NY 10036. SOLAS.
ANSI/ASQC Q90011994, Quality Systems (b) This subpart does not apply to
Model for Quality Assurance in Design, (1) A barge;
Development, Production, Installation, (2) A recreational vessel not engaged
and Servicing, 199496.430
in commercial service;
International Maritime Organization IMO4 (3) A fishing vessel;
Albert Embankment, London, SE1 7SR, (4) A vessel operating only on the
United Kingdom. Great Lakes or its tributary and con-
Resolution A.741(18), International Man- necting waters; or
agement Code for the Safe Operation of (5) A public vessel, which includes a
Ships and for Pollution Prevention, No- U.S. vessel of the National Defense Re-
vember 4, 199396.220, 96.370
serve Fleet owned by the U.S. Mari-
Resolution A.788 (19), Guidelines on Imple-
mentation of the International Safety time Administration and operated in
Management (ISM) Code by Administra- non-commercial service.
tions, November 23, 199596.320, 96.440 (c) Any responsible person and their
Resolution A.739(18), Guidelines for the Au- company who owns and operates a U.S.
thorization of Organizations Acting on flag vessel(s) which does not meet the
230
conditions of paragraph (a), may volun- national regulations, standards, codes

tarily meet the standards of this part and maritime industry guidelines,
and Chapter IX of SOLAS and have when developing procedures and poli-
their safety management systems cer- cies for the safety management sys-
tificated. tem.
(d) The compliance date for the re-
quirements of this part are 96.240 What functional requirements
(1) On or after July 1, 1998, for must a safety management system
(i) Vessels transporting more than 12 meet?
passengers engaged on a foreign voy- The functional requirements of a
age; or safety management system must in-
(ii) Tankers, bulk freight vessels, or clude
high speed freight vessels of at least 500 (a) A written statement from the re-
gross tons or more, engaged on a for- sponsible person stating the companys
eign voyage. safety and environmental protection
(2) On or after July 1, 2002, for other policy;
freight vessels and self-propelled mo- (b) Instructions and procedures to
bile offshore drilling units (MODUs) of provide direction for the safe operation
at least 500 gross tons or more, engaged of the vessel and protection of the envi-
on a foreign voyage. ronment in compliance with the appli-
96.220 What makes up a safety man- cable U.S. Code of Federal Regulations,
agement system? and international conventions to which
the U.S. is a party (SOLAS, MARPOL,
(a) The safety management system etc.);
must document the responsible per-
(c) Documents showing the levels of
sons
authority and lines of communication
(1) Safety and pollution prevention
between shoreside and shipboard per-
policy;
(2) Functional safety and operational sonnel;
requirements; (d) Procedures for reporting acci-
(3) Recordkeeping responsibilities; dents, near accidents, and non-
and conformities with provisions of the
(4) Reporting responsibilities. companys and vessels safety manage-
(b) A safety management system ment system, and the ISM Code;
must also be consistent with the func- (e) Procedures to prepare for and re-
tional standards and performance ele- spond to emergency situations by
ments of IMO Resolution A.741(18). shoreside and shipboard personnel;
(f) Procedures for internal audits on
96.230 What objectives must a safety the operation of the company and ves-
management system meet? sel(s) safety management system; and
The safety management system (g) Procedures and processes for man-
must: agement review of company internal
(a) Provide for safe practices in ves- audit reports and correction of non-
sel operation and a safe work environ- conformities that are reported by these
ment onboard the type of vessel the or other reports.
system is developed for;
(b) Establish and implement safe- 96.250 What documents and reports
guards against all identified risks; must a safety management system
(c) Establish and implement actions have?
to continuously improve safety man- The documents and reports required
agement skills of personnel ashore and for a safety management system under
aboard vessels, including preparation 96.330 or 96.340 must include the writ-
for emergencies related to both safety ten documents and reports itemized in
and environmental protection; and Table 96.250. These documents and re-
(d) Ensure compliance with manda- ports must be available to the com-
tory rules and regulations, taking into panys shore-based and vessel(s)-based
account relevant national and inter- personnel:
231
96.250 33 CFR Ch. I (7112 Edition)
TABLE 96.250SAFETY MANAGEMENT SYSTEM DOCUMENTS AND REPORTS

Type of documents and reports Specific requirements
(a) Safety and environmental (1) Meet the objectives of 96.230; and
policy statements. (2) Are carried out and kept current at all levels of the company;
(b) Company responsibilities (1) The owners name and details of responsibility for operation of the company and vessel(s);
and authority statements. (2) Name of the person responsible for operation of the company and vessel(s), if not the
owner;
(3) Responsibility, authority and interrelations of all personnel who manage, perform, and
verify work relating to and affecting the safety and pollution prevention operations of the
company and vessel(s); and
(4) A statement describing the companys responsibility to ensure adequate resources and
shore-based support are provided to enable the designated person or persons to carry out
the responsibilities of this subpart.
(c) Designation in writing of a (1) Have direct access to communicate with the highest levels of the company and with all
person or persons to monitor management levels ashore and aboard the companys vessel(s);
the safety management sys- (2) Have the written responsibility to monitor the safety and environmental aspects of the oper-
tem for the company and ation of each vessel; and
vessel(s). (3) Have the written responsibility to ensure there are adequate support and shore-based re-
sources for vessel(s) operations.
(d) Written statements that de- (1) Carry out the companys safety and environmental policies;
fine the Masters responsibil- (2) Motivate the vessels crew to observe the safety management system policies;
ities and authorities.
(3) Issue orders and instructions in a clear and simple manner;
(4) Make sure that specific requirements are carried out by the vessels crew and shore-based
resources; and
(5) Review the safety management system and report non-conformities to shore-based man-
agement.
(e) Written statements that the (1) Ability to make decisions about safety and environmental pollution; and
Master has overriding re- (2) Ability to request the companys help when necessary.
sponsibility and authority to
make vessel decisions.
(f) Personnel procedures and (1) Masters of vessels are properly qualified for command;
resources which are avail- (2) Masters of vessels know the companys safety management system;
able ashore and aboard ship.. (3) Owners or companies provide the necessary support so that the Masters duties can be
safely performed;
(4) Each vessel is properly crewed with qualified, certificated and medically fit seafarers com-
plying with national and international requirements;
(5) New personnel and personnel transferred to new assignments involving safety and protec-
tion of the environment are properly introduced to their duties;
(6) Personnel involved with the companys safety management system have an adequate un-
derstanding of the relevant rules, regulations, codes and guidelines;
(7) Needed training is identified to support the safety management system and ensure that the
training is provided for all personnel concerned;
(8) Communication of relevant procedures for the vessels personnel involved with the safety
management system is in the language(s) understood by them; and
(9) Personnel are able to communicate effectively when carrying out their duties as related to
the safety management system.
(g) Vessel safety and pollution (1) Define tasks; and
prevention operation plans (2) Assign qualified personnel to specific tasks.
and instructions for key ship-
board operations..
(h) Emergency preparedness (1) Identify, describe and direct response to potential emergency shipboard situations;
procedures.. (2) Set up programs for drills and exercises to prepare for emergency actions; and
(3) Make sure that the companys organization can respond at anytime, to hazards, accidents
and emergency situations involving their vessel(s).
(i) Reporting procedures on re- (1) Report non-conformities of the safety management system;
quired actions.. (2) Report accidents;
(3) Report hazardous situations to the owner or company; and
(4) Make sure reported items are investigated and analyzed with the objective of improving
safety and pollution prevention.
(j) Vessel maintenance proce- (1) Inspect vessels equipment, hull, and machinery at appropriate intervals;
dures. (These procedures (2) Report any non-conformity or deficiency with its possible cause, if known;
verify that a companys ves- (3) Take appropriate corrective actions;
sel(s) is maintained in con- (4) Keep records of these activities;
formity with the provisions of (5) Identify specific equipment and technical systems that may result in a hazardous situation
relevant rules and regula- if a sudden operational failure occurs;
tions, with any additional re-
quirements which may be es-
tablished by the company.).
(6) Identify measures that promote the reliability of the equipment and technical systems iden-
tified in paragraph (j)(5), and regularly test standby arrangements and equipment or tech-
nical systems not in continuous use; and
(7) Include the inspections required by this section into the vessels operational maintenance
routine.
232
TABLE 96.250SAFETY MANAGEMENT SYSTEM DOCUMENTS AND REPORTSContinued

Type of documents and reports Specific requirements
(k) Safety management system (1) Procedures which establish and maintain control of all documents and data relevant to the
document and data mainte- safety management system.
nance.
(2) Documents are available at all relevant locations, i.e., each vessel carries on board all doc-
uments relevant to that vessels operation;
(3) Changes to documents are reviewed and approved by authorized personnel; and
(4) Outdated documents are promptly removed.
(l) Safety management system (1) Periodic evaluation of the safety management systems efficiency and review of the system
internal audits which verify in accordance with the established procedures of the company, when needed;
the safety and pollution pre- (2) Types and frequency of internal audits, when they are required, how they are reported, and
vention activities. possible corrective actions, if necessary;
(3) Determining factors for the selection of personnel, independent of the area being audited,
to complete internal company and vessel audits; and
(4) Communication and reporting of internal audit findings for critical management review and
to ensure management personnel of the area audited take timely and corrective action on
non-conformities or deficiencies found.
Note: The documents and reports required by this part are for the purpose of promoting safety of life and property at sea, as
well as protection of the environment. The documents and reports are intended to ensure the communication and understanding
of company and vessel safety management systems, which will allow a measure of the systems effectiveness and its responsible
person to continuously improve the system and safety the system provides.
Subpart CHow Will Safety Man- 96.320 What is involved to complete a

agement Systems Be Certifi- safety management audit and when
is it required to be completed?
cated and Enforced?
(a) A safety management audit is any
96.300 Purpose. of the following:
(1) An initial audit which is carried
This subpart establishes the stand- out before a Document of Compliance
ards for the responsible person of a certificate or a Safety Management
company and its vessel(s) to obtain the Certificate is issued;
required and voluntary, national and (2) A renewal audit which is carried
international certification for the com- out before the renewal of a Document
panys and vessels safety management of Compliance certificate or a Safety
system. Management Certificate;
(3) Periodic audits including
96.310 Who does this subpart apply (i) An annual verification audit, as
to? described in 96.330(f) of this part, and
This subpart applies: (ii) An intermediate verification
(a) If you are a responsible person audit, as described in 96.340(e)(2) of
who owns a vessel(s) registered in the this part.
U.S. and engaged on a foreign voy- (b) A satisfactory audit means that
age(s), or holds certificates or endorse- the auditor(s) agrees that the require-
ment of such voyages; ments of this part are met, based on re-
view and verification of the procedures
(b) If you are a responsible person
and documents that make up the safe-
who owns a vessel(s) registered in the ty management system.
U.S. and volunteer to meet the stand- (c) Actions required during safety
ards of this part and Chapter IX of management audits for a company and
SOLAS; their U.S. vessel(s) are
(c) To all foreign vessels engaged on (1) Review and verify the procedures
a foreign voyage, bound for ports or and documents that make up a safety
places under the jurisdiction of the management system, as defined in sub-
U.S., and subject to Chapter IX of part B of this part.
SOLAS; or (2) Make sure the audit complies with
(d) If you are a recognized organiza- this subpart and is consistent with IMO
tion authorized by the U.S. to complete Resolution A.788(19), Guidelines on Im-
safety management audits and certifi- plementation of the International
cation required by this part. Safety Management (ISM) Code by Ad-
ministrations.
233
96.330 33 CFR Ch. I (7112 Edition)
(3) Make sure the audit is carried out 96.330 Document of Compliance cer-
by a team of Coast Guard auditors or tificate: what is it and when is it
auditors assigned by a recognized orga- needed?
nization authorized to complete such (a) You must hold a valid Document
actions by subpart D of this part. of Compliance certificate if you are the
(d) Safety management audits for a responsible person who, or company
company and their U.S. vessel(s) are which, owns a U.S. vessel engaged on
required foreign voyages, carrying more than 12
(1) Before issuing or renewing a Doc- passengers, or is a tanker, bulk freight
ument of Compliance certificate, and vessel, freight vessel, or a self-pro-
to keep a Document of Compliance cer- pelled mobile offshore drilling unit of
tificate valid, as described in 96.330 500 gross tons or more.
and 96.340 of this part. (b) You may voluntarily hold a valid
(2) Before issuing or renewing a Safe- Document of Compliance certificate, if
ty Management Certificate, and to you are a responsible person who, or a
maintain the validity of a Safety Man- company which, owns a U.S. vessel not
agement Certificate, as described in included in paragraph (a) of this sec-
96.340 of this part. tion.
However, any safety management audit (c) You will be issued a Document of
for the purpose of verifying a vessels Compliance certificate only after you
safety management system will not be complete a satisfactory safety manage-
scheduled or conducted for a companys ment audit as described in 96.320 of
U.S. vessel unless the company first this part.
has undergone a safety management (d) All U.S. and foreign vessels that
audit of the companys safety manage- carry more than 12 passengers or a
ment system, and has received its Doc- tanker, bulk freight vessel, freight ves-
ument of Compliance certificate. sel, or a self-propelled mobile offshore
(e) Requests for all safety manage- drilling unit of 500 gross tons or more,
ment audits for a company and its U.S. must carry a valid copy of the com-
vessel(s) must be communicated panys Document of Compliance cer-
(1) By a responsible person directly tificate onboard when on a foreign voy-
to a recognized organization authorized age.
by the U.S. (e) A valid Document of Compliance
(2) By a responsible person within the certificate covers the type of vessel(s)
time limits for an annual verification on which a companys safety manage-
audit, described in 96.330(f) of this ment system initial safety manage-
part, and for an intermediate ment audit was based. The validity of
verification audit, described in the Document of Compliance certifi-
96.340(e)(2) of this part. If he or she cate may be extended to cover addi-
does not make a request for a safety tional types of vessels after a satisfac-
management annual or verification tory safety management audit is com-
audit for a valid Document of Compli- pleted on the companys safety man-
ance certificate issued to a company or agement system which includes those
a valid Safety Management Certificate additional vessel types.
issued to a vessel, this is cause for the (f) A Document of Compliance certifi-
Coast Guard to revoke the certificate cate is valid for 60 months. The com-
as described in 96.330 and 96.340 of panys safety management system
this part. must be verified annually by the Coast
(f) If a non-conformity with a safety Guard or by an authorized organization
management system is found during an acting on behalf of the U.S. through a
audit, it must be reported in writing by safety management verification audit,
the auditor: within three months before or after the
(1) For a companys safety manage- certificates anniversary date.
ment system audit, to the companys (g) Only the Coast Guard may revoke
owner; and a Document of Compliance certificate
(2) For a vessels safety management from a company which owns a U.S. ves-
system audit, to the companys owner sel. The Document of Compliance cer-
and vessels Master. tificate may be revoked if
234
(1) The annual safety management 500 gross tons or more, when engaged
audit and system verification required on foreign voyages or within U.S. wa-
by paragraph (f) of this section is not ters.
completed by the responsible person; or (e) A Safety Management Certificate
(2) Major non-conformities are found is valid for 60 months. The validity of
in the companys safety management the Safety Management Certificate is
system during a safety management based on
audit or other related survey or inspec- (1) A satisfactory initial safety man-
tion being completed by the Coast agement audit;
Guard or the recognized organization (2) A satisfactory intermediate
chosen by the company or responsible verification audit requested by the ves-
person. sels responsible person, completed be-
(3) The Coast Guard or an authorized tween the 24th and 36th month of the
organization acting on its behalf is de-
certificates period of validity; and
nied, or restricted access to, any ves-
(3) A vessels company holding a
sel, record or personnel of the com-
pany, at any time necessary to evalu- valid Document of Compliance certifi-
ate the safety management system. cate. When a companys Document of
(h) When a companys valid Docu- Compliance certificate expires or is re-
ment of Compliance certificate is revoked, the Safety Management Certifi-
voked by the Coast Guard, a satisfac- cate for the company-owned vessel(s) is
tory safety management audit must be invalid.
completed before a new Document of (f) Renewal of a Safety Management
Compliance certificate for the com- Certificate requires the completion of a
panys safety management system can satisfactory safety management sys-
be reissued. tem audit which meets all of the re-
quirements of subpart B in this part. A
96.340 Safety Management Certifi- renewal of a Safety Management Cer-
cate: what is it and when is it need- tificate cannot be started unless the
ed? company which owns the vessel holds a
(a) Your U.S. vessel engaged on a for- valid Document of Compliance certifi-
eign voyage must hold a valid Safety cate.
Management Certificate if it carries (g) Only the Coast Guard may revoke
more than 12 passengers, or if it is a a Safety Management Certificate from
tanker, bulk freight vessel, freight ves- a U.S. vessel. The Safety Management
sel, or a self-propelled mobile offshore Certificate will be revoked if
drilling unit of 500 gross tons or more. (1) The vessels responsible person
(b) Your U.S. vessel may voluntarily has not completed an intermediate
hold a valid Safety Management Cer- safety management audit required by
tificate even if your vessel is not re- paragraph (e)(2) of this section; or
quired to by paragraph (a) of this sec- (2) Major non-conformities are found
tion. in the vessels safety management sys-
(c) Your U.S. vessel may only be
tem during a safety management audit
issued a Safety Management Certifi-
or other related survey or inspection
cate or have it renewed when your
being completed by the Coast Guard or
company holds a valid Document of
the recognized organization chosen by
Compliance certificate issued under
the vessels responsible person.
96.330 of this part and the vessel has
completed a satisfactory safety man- [CGD 95073, 62 FR 67506, Dec. 24, 1997, as
agement audit of the vessels safety amended by USCG19995832, 64 FR 34712,
management system set out in 96.320 June 29, 1999]
of this part.
(d) A copy of your vessels valid Safe- 96.350 Interim Document of Compli-
ty Management Certificate must be on ance certificate: what is it and
when can it be used?
board all U.S. and foreign vessels which
carry more than 12 passengers, and (a) An Interim Document of Compli-
must be on board a tanker, bulk freight ance certificate may be issued to help
vessel, freight vessel, or a self-pro- set up a companys safety management
pelled mobile offshore drilling unit of system when
235
96.360 33 CFR Ch. I (7112 Edition)
(1) A company is newly set up or in of the Interim Document of Compli-

transition from an existing company ance certificate;
into a new company; or (4) The Master and senior officers of
(2) A new type of vessel is added to an the vessel are familiar with the safety
existing safety management system management system and the planned
and Document of Compliance certifi- set up arrangements;
cate for a company. (5) Written documented instructions
(b) A responsible person for a com- have been extracted from the safety
pany operating a U.S. vessel(s) that management system and given to the
meets the requirements of paragraph vessel prior to sailing;
(a) of this section, may send a request (6) The company plans an internal
to a recognized organization authorized
audit of the vessel within three
to act on behalf of the U.S. to receive
months; and
an Interim Document of Compliance
certificate that is valid for a period up (7) The relevant information from the
to 12 months. To be issued the Interim safety management system is written
Document of Compliance certificate in English, and in any other language
the vessels company must understood by the vessels personnel.
(1) Demonstrate to an auditor that
96.370 What are the requirements for
the company has a safety management vessels of countries not party to
system that meets 96.230 of this part; Chapter IX of SOLAS?
and
(2) Provide a plan for full implemen- (a) Each foreign vessel which carries
tation of a safety management system more than 12 passengers, or is a tanker,
within the period that the Interim Doc- bulk freight vessel, freight vessel, or
ument of Compliance certificate is self-propelled mobile offshore drilling
valid. unit of 500 gross tons or more, operated
in U.S. waters, under the authority of a
96.360 Interim Safety Management country not a party to Chapter IX of
Certificate: what is it and when can SOLAS must
it be used? (1) Have on board valid documenta-
(a) A responsible person may apply tion showing that the vessels company
for an Interim Safety Management has a safety management system which
Certificate when was audited and assessed, consistent
(1) A responsible person takes deliv- with the International Safety Manage-
ery of a new U.S. vessel; or ment Code of IMO Resolution A.741(18);
(2) Takes responsibility for the man- (2) Have on board valid documenta-
agement of a U.S. vessel which is new tion from a vessels Flag Administra-
to the responsible person or their com- tion showing that the vessels safety
pany. management system was audited and
(b) An Interim Safety Management assessed to be consistent with the
Certificate is valid for 6 months. It International Safety Management Code
may be issued to a U.S. vessel which of IMO Resolution A.741(18); or
meets the conditions of paragraph (a) (3) Show that evidence of compliance
of this section, when
was issued by either a government that
(1) The companys valid Document of
is party to SOLAS or an organization
Compliance certificate or Interim Doc-
recognized to act on behalf of the ves-
ument of Compliance certificate ap-
sels Flag Administration.
plies to that vessel type;
(2) The companys safety manage- (b) Evidence of compliance must con-
ment system for the vessel includes the tain all of the information in, and have
key elements of a safety management substantially the same format as a
system, set out in 96.220, applicable to (1) Document of Compliance certifi-
this new type of vessel; cate; and
(3) The companys safety manage- (2) Safety Management Certificate.
ment system has been assessed during (c) Failure to comply with this sec-
the safety management audit to issue tion will subject the vessel to the com-
the Document of Compliance certifi- pliance and enforcement procedures of
cate or demonstrated for the issuance 96.380 of this part.
236
96.380 How will the Coast Guard 96.390 When will the Coast Guard
handle compliance and enforce- deny entry into a U.S. port?
ment of these regulations? (a) Except for a foreign vessel enter-
(a) While operating in waters under ing U.S. waters under force majeure, no
the jurisdiction of the United States, vessel shall enter any port or terminal
the Coast Guard may board a vessel to of the U.S. without a safety manage-
determine that ment system that has been properly
(1) Valid copies of the companys certificated to this subpart or to the
Document of Compliance certificate requirements of Chapter IX of SOLAS
and Safety Management Certificate are if
on board, or evidence of the same for (1) It is engaged on a foreign voyage;
and
vessels from countries not party to
(2) It is carrying more than 12 pas-
Chapter IX of SOLAS; and
sengers, or a tanker, bulk freight ves-
(2) The vessels crew or shore-based sel, freight vessel, or self-propelled mo-
personnel are following the procedures bile offshore drilling unit of 500 gross
and policies of the safety management tons or more.
system while operating the vessel or (b) The cognizant COTP will deny
transferring cargoes. entry of a vessel into a port or ter-
(b) A foreign vessel that does not minal under the authority of 46 U.S.C.
comply with these regulations, or one 3204(c), to any vessel that does not
on which the vessels condition or use meet the requirements of paragraph (a)
of its safety management system do of this section.
not substantially agree with the par-
ticulars of the Document of Compli- Subpart DAuthorization of Rec-
ance certificate, Safety Management ognized Organizations To Act
Certificate or other required evidence on Behalf of the U.S.
of compliance, may be detained by
order of the COTP or OCMI. This may 96.400 Purpose.
occur at the port or terminal where the (a) This subpart establishes criteria
violation is found until, in the opinion and procedures for organizations recog-
of the detaining authority, the vessel nized under 46 CFR part 8, subparts A
can go to sea without presenting an un- and B, to be authorized by the Coast
reasonable threat of harm to the port, Guard to act on behalf of the U.S. The
the marine environment, the vessel or authorization is necessary in order for
its crew. The detention order may a recognized organization to perform
allow the vessel to go to another area safety management audits and certifi-
of the port, if needed, rather than stay cation functions delegated by the Coast
at the place where the violation was Guard as described in this part.
found. (b) To receive an up-to-date list of
(c) If any vessel that must comply recognized organizations authorized to
with this part or with the ISM Code act under this subpart, send a self-ad-
does not have a Safety Management dressed, stamped envelope and written
Certificate and a copy of its companys request to the Commandant (CG521),
Document of Compliance certificate on 2100 2nd St., SW., Stop 7126, Wash-
board, a vessel owner, charterer, man- ington, DC 205937126.
aging operator, agent, Master, or any 96.410 Who does this regulation
other individual in charge of the vessel apply to?
that is subject to this part, may be lia-
This subpart applies to all organiza-
ble for a civil penalty under 46 U.S.C. tions recognized by the U.S. under 46
3318. For foreign vessels, the Coast CFR part 8, subpart A and B, who wish
Guard may request the Secretary of to seek authorization to conduct safety
the Treasury to withhold or revoke the management audits and issue relevant
clearance required by 46 U.S.C. App. 91. international safety certificates under
The Coast Guard may ask the Sec- the provisions of the ISM Code and vol-
retary to permit the vessels departure untary certificates on behalf of the
after the bond or other surety is filed. U.S.
237
96.420 33 CFR Ch. I (7112 Edition)
96.420 What authority may an organi- authorization under this part, it must
zation ask for under this regula- demonstrate the reciprocity required
tion? by 46 U.S.C. 3316 for ISM Code certifi-
(a) An organization may request au- cation. The organization must provide,
thorization to conduct safety manage- with its request for authorization an
ment audits and to issue the following affidavit from the government of the
certificates: country in which the classification so-
(1) Safety Management Certificate; ciety is headquartered. This affidavit
(2) Document of Compliance certifi- must provide a list of authorized dele-
cate; gations by the flag state of the admin-
(3) Interim Safety Management Cer- istration of the foreign classification
tificate; and societys country to the American Bu-
(4) Interim Document of Compliance reau of Shipping, and indicate any con-
certificate. ditions related to the delegated author-
(b) [Reserved] ity. If this affidavit is not received
with a request for authorization from a
96.430 How does an organization sub- foreign classification society, the re-
mit a request to be authorized? quest for authorization will be dis-
(a) A recognized organization must approved and returned by the Coast
send a written request for authoriza- Guard.
tion to the Commandant (CG521), Of- (c) Upon the satisfactory completion
fice of Design and Engineering Stand- of the Coast Guards evaluation of a re-
ards, 2100 2nd St. SW., Stop 7126, Wash- quest for authorization, the organiza-
ington, DC 205937126. The request must tion will be visited for an evaluation as
include the following: described in 96.440(b) of this part.
(1) A statement describing what type
of authorization the organization 96.440 How will the Coast Guard de-
seeks; cide whether to approve an organi-
zations request to be authorized?
(2) Documents showing that
(i) The organization has an internal (a) First, the Coast Guard will evalu-
quality system with written policies, ate the organizations request for au-
procedures and processes that meet the thorization and supporting written ma-
requirements in 96.440 of this part for terials, looking for evidence of the fol-
safety management auditing and cer- lowing
tification; or (1) The organizations clear assign-
(ii) The organization has an internal ment of management duties;
quality system based on ANSI/ASQC (2) Ethical standards for managers
C9001 for safety management auditing and auditors;
and certification; or (3) Procedures for auditor training,
(iii) The organization has an equiva- qualification, certification, and re-
lent internal quality standard system qualification that are consistent with
recognized by the Coast Guard to com- recognized industry standards;
plete safety management audits and (4) Procedures for auditing safety
certification. management systems that are con-
(3) A list of the organizations exclu- sistent with recognized industry stand-
sive auditors qualified to complete ards and IMO Resolution A.788(19);
safety management audits and their (5) Acceptable standards for internal
operational area; and auditing and management review;
(4) A written statement that the pro- (6) Record-keeping standards for safe-
cedures and records of the recognized ty management auditing and certifi-
organization regarding its actions in- cation;
volving safety management system au- (7) Methods for reporting non-
dits and certification are available for conformities and recording completion
review annually and at any time of remedial actions;
deemed necessary by the Coast Guard. (8) Methods for certifying safety
(b) If the organization is a foreign management systems;
classification society that has been (9) Methods for periodic and inter-
recognized under 46 CFR part 8, sub- mediate audits of safety management
parts A and B, and wishes to apply for systems;
238
(10) Methods for renewal audits of 96.470 How does the Coast Guard ter-
safety management systems; minate an organizations authoriza-
(11) Methods for handling appeals; tion?
and At least every 12 months, the Coast
(12) Overall procedures consistent Guard evaluates organizations author-
with IMO Resolution A.739(18), Guide- ized under this subpart. If an organiza-
lines for the Authorization of Organiza- tion fails to maintain acceptable
tions Acting on Behalf of the Adminis- standards, the Coast Guard may termi-
tration.
nate that organizations authorization,
(b) After a favorable evaluation of remove the organization from the Com-
the organizations written request, the
mandants list of recognized organiza-
Coast Guard will arrange to visit the
tions, and further evaluate the organi-
organizations corporate offices and
zations recognition under 46 CFR part
port offices for an on-site evaluation of
operations. 8.
(c) When a request is approved, the 96.480 What is the status of a certifi-
recognized organization and the Coast cate if the issuing organization has
Guard will enter into a written agree- its authority terminated?
ment. This agreement will define the
scope, terms, conditions and require- Any certificate issued by an organi-
ments of the authorization. Conditions zation authorized by the Coast Guard
of this agreement are found in 96.460 whose authorization is later termi-
of this part. nated remains valid until
(a) Its original expiration date,
96.450 What happens if the Coast (b) The date of the next periodic
Guard disapproves an organiza- audit required to maintain the certifi-
tions request to be authorized? cates validity, or
(a) The Coast Guard will write to the (c) Whichever of paragraphs (a) or (b)
organization explaining why it did not occurs first.
meet the criteria for authorization.
(b) The organization may then cor- 96.490 What further obligations exist
rect the deficiencies and reapply. for an organization if the Coast
Guard terminates its authorization?
96.460 How will I know what the The written agreement by which an
Coast Guard requires of my organi-
zation if my organization receives organization receives authorization
authorization? from the Coast Guard places it under
certain obligations if the Coast Guard
(a) Your organization will enter into revokes that authorization. The orga-
a written agreement with the Coast nization agrees to send written notice
Guard. This written agreement will
of its termination to all responsible
specify
persons, companies and vessels that
(1) How long the authorization is
have received certificates from the or-
valid;
ganization. In that notice, the organi-
(2) Which duties and responsibilities
zation must include
the organization may perform, and
which certificates it may issue on be- (a) A written statement explaining
half of the U.S.; why the organizations authorization
(3) Reports and information the orga- was terminated by the Coast Guard;
nization must send to the Commandant (b) An explanation of the status of
(CG-543); issued certificates;
(4) Actions the organization must (c) A current list of organizations au-
take to renew the agreement when it thorized by the Coast Guard to conduct
expires; and safety management audits; and
(5) Actions the organization must (d) A statement of what the compa-
take if the Coast Guard should revoke nies and vessels must do to have their
its authorization or recognition under safety management systems trans-
46 CFR part 8. ferred to another organization author-
(b) [Reserved] ized to act on behalf of the U.S.
239
96.495 33 CFR Ch. I (7112 Edition)
96.495 How can I appeal a decision Washington, DC 205937126. You must

made by an authorized organiza- make your appeal in writing, including
tion? any documentation and evidence you
(a) A responsible person may appeal a wish to be considered. You may ask the
decision made by an authorized organi- Commandant (CG-543), 2100 2nd Street,
zation by mailing or delivering to the SW., Stop 7126, Washington, DC 20593
organization a written request for re- 7126to stay the effect of the appealed
consideration. Within 30 days of receiv- decision while it is under review.
ing your request, the authorized orga- (c) The Commandant (CG-543), 2100
nization must rule on it and send you a 2nd Street, SW., Stop 7126, Washington,
written response. They must also send DC 205937126 will make a decision on
a copy of their response to the Com- your appeal and send you a response in
mandant (CG-543), 2100 2nd Street, SW.,
writing. That decision will be the final
Stop 7126, Washington, DC 205937126.
Coast Guard action on your request.
(b) If you are not satisfied with the
organizations decision, you may ap- [CGD 95073, 62 FR 67506, Dec. 24, 1997, as
peal directly to the Commandant (CG- amended by USCG20110257, 76 FR 31836,
543), 2100 2nd Street, SW., Stop 7126, June 2, 2011]
240
SUBCHAPTER GREGATTAS AND MARINE PARADES
PART 100SAFETY OF LIFE ON 100.732 Annual River Race Augusta; Savan-

nah River, Augusta, GA.
NAVIGABLE WATERS 100.734 Annual Gasparilla Marine Parade;
Hillsborough Bay, Tampa, FL.
Sec. 100.736 Annual Fort Myers Beach air show;
100.01 Purpose and intent. Fort Myers Beach, FL.
100.05 Definition of terms used in this part. 100.740 Annual Offshore Super Series Boat
100.10 Coast Guard-State agreements. Race; Fort Myers Beach, FL.
100.15 Submission of application. 100.801 Annual Marine Events in the Eighth
100.20 Action on application for event as- Coast Guard District.
signed to State regulation by Coast 100.901 Great Lakes annual marine events.
Guard-State agreement. 100.902 Special Local Regulations; Annual
100.25 Action on application for event not Bayview Mackinac Race.
assigned to State regulation by Coast 100.903 Harborfest Dragon Boat Race; South
Guard-State agreement. Haven, MI.
100.30 Approval required for holding event. 100.904 Celebrate Americafest, Green Bay,
100.35 Special local regulations. WI.
100.35T010100 Special Local Regulation; 100.905 Door County Triathlon; Door Coun-
War of 1812 Bicentennial Commemora- ty, WI.
tion, Port of Boston, Massachusetts. 100.906 Haven Coast Guard Festival
100.40 Patrol of the regatta or marine pa- Waterski Show, Grand Haven, MI.
rade. 100.907 Milwaukee River Challenge; Mil-
100.45 Establishment of aids to navigation. waukee, WI.
100.100 Special Local Regulations; Regattas 100.908 Charlevoix Venetian Night Boat Pa-
and Boat Races in the Coast Guard Sec- rade; Charlevoix, MI.
tor Long Island Sound Captain of the 100.909 Chinatown Chamber of Commerce
Port Zone. Dragon Boat Race; Chicago, IL.
100.114 Fireworks displays within the First 100.910 Southland Regatta; Blue Island, IL.
Coast Guard District. 100.911 Bay City Airshow, Bay City, MI.
100.119 Newport-Bermuda Regatta, Narra- 100.912 Detroit Belle Isle Grand Prix, De-
gansett Bay, Newport, RI. troit, MI.
100.120 Special Local Regulations; Marine 100.913 ACORA Garwood Classic Offshore
Events Held in the Coast Guard Sector Race, Algonac, MI.
Northern New England Captain of the 100.914 Trenton Rotary Roar on the River,
Port Zone. Trenton, MI.
100.130 Special Local Regulations; Recur- 100.915 St. Clair River Classic Offshore
ring Annual Marine Events in Sector Race, St. Clair, MI.
Boston Captain of the Port Zone. 100.916 Chris Craft Silver Cup Races,
100.150 Special Local Regulations; Marine Algonac, MI.
Events in the Coast Guard Sector New 100.917 The Old Club Cannonade, Harsens Is-
York Captain of the Port Zone. land, MI.
100.501 Special Local Regulations; Marine 100.918 Detroit APBA Gold Cup, Detroit, MI.
Events in the Fifth Coast Guard District. 100.919 International Bay City River Roar,
100.701 Special Local Regulations; Marine Bay City, MI.
Events in the Seventh Coast Guard Dis- 100.920 Tug Across the River, Detroit, MI.
trict. 100.1101 Southern California annual marine
100.713 Annual Harborwalk Boat Race; events for the San Diego Captain of the
Sampit River, Georgetown, SC. Port Zone.
100.717 Annual Fort Myers Beach Offshore 100.1102 Annual marine events on the Colo-
Grand Prix; Fort Myers, FL. rado River, between Davis Dam (Bull-
100.718 Annual Suncoast Kilo Run; Sarasota head City, Arizona) and Headgate Dam
Bay, Sarasota, FL. (Parker, Arizona) within the San Diego
100.719 Annual Suncoast Offshore Challenge; Captain of the Port Zone.
Gulf of Mexico, Sarasota, FL. 100.1103 Northern California and Lake
100.720 Annual Suncoast Offshore Grand Tahoe area annual marine events.
Prix; Gulf of Mexico, Sarasota, FL. 100.1104 Southern California annual marine
100.724 Annual Augusta Invitational Rowing events for the Los Angeles Long Beach
Regatta; Savannah River, Augusta, GA. Captain of the Port Zone.
100.728 Special Local Regulations; Hurri- 100.1105 San Francisco Bay Navy Fleetweek
cane Offshore Classic, St. Petersburg, Parade of Ships and Blue Angels Dem-
FL. onstration.
100.729 Columbus Day Regatta, Biscayne 100.1301 Seattle Seafair Unlimited Hydro-
Bay, Miami, FL. plane Race.
241
100.01 33 CFR Ch. I (7112 Edition)
100.1302 Special Local Regulation, Annual 3 of this chapter for the geographical
Dragon Boat Races, Portland, Oregon. boundaries of Coast Guard Districts.)
100.1303 Annual Kennewick, Washington, (d) State authority means any official
Columbia Unlimited Hydroplane Races. or agency of a State having power
100.1304 Annual Seattle Yacht Clubs under the law of such State to regulate
Opening Day Marine Parade.
regattas or marine parades on waters
100.1305 Richland, Washington, west coast
outboard championship hydro races.
over which such State has jurisdiction.
100.1306 National Maritime Week Tugboat (e) Navigable waters of the United
Races, Seattle, WA. States means those waters described in
100.1307 Special Local Regulations, Strait 2.36(a) of this chapter, specifically in-
Thunder Performance, Port Angeles, WA. cluding the waters described in
100.1308 Special Local Regulation; Hydro- 2.22(a)(2) of this chapter.
plane Races within the Captain of the
[CGFR 6322, 28 FR 5155, May 23, 1963, as
Port Puget Sound Area of Responsibility.
amended by CGD 75098, 40 FR 49327, Oct. 22,
100.1309 Special Local Regulation; Olympia 1975; USCG20019044, 68 FR 42602, July 18,
Harbor Days Tug Boat Races, Budd Inlet, 2003]
WA.
AUTHORITY: 33 U.S.C. 1233 100.10 Coast Guard-State agree-
ments.
SOURCE: CGFR 6322, 28 FR 5155, May 23,
1963, unless otherwise noted. (a) The District Commander is au-
thorized to enter into agreements with
100.01 Purpose and intent. State authorities permitting, regula-
tion by the State of such classes of re-
(a) The purpose of the regulations in gatta or marine parade on the navi-
this part is to provide effective control gable waters of the United States as, in
over regattas and marine parades con- the opinion of the District Commander,
ducted on the navigable waters of the the State is able to regulate in such a
United States so as to insure safety of manner as to insure safety of life. All
life in the regatta or marine parade such agreements shall reserve to the
area. District Commander the right to regu-
(b) Geographic coordinates expressed late any particular regatta or marine
in terms of latitude or longitude, or parade when he or she deems such ac-
both, are not intended for plotting on tion to be in the public interest.
maps or charts whose referenced hori-
zontal datum is the North American [CGFR 6322, 28 FR 5155, May 23, 1963, as
Datum of 1983 (NAD 83), unless such ge-
June 25, 2003]
ographic coordinates are expressly la-
beled NAD 83. Geographic coordinates 100.15 Submission of application.
(a) An individual or organization
planning to hold a regatta or marine
NAD 83 only after application of the
parade which, by its nature, cir-
appropriate corrections that are pub-
cumstances or location, will introduce
lished on the particular map or chart
extra or unusual hazards to the safety
being used.
of life on the navigable waters of the
[CGFR 6322, 28 FR 5155, May 23, 1963, as United States, shall submit an applica-
amended by CGD 86082, 52 FR 33811, Sept. 8, tion to the Coast Guard District Com-
1987] mander having cognizance of the area
where it is intended to hold such re-
100.05 Definition of terms used in gatta or marine parade. Examples of
this part.
conditions which are deemed to intro-
(a) Regatta or marine parade means an duce extra or unusual hazards to the
organized water event of limited dura- safety of life include but are not lim-
tion which is conducted according to a ited to: An inherently hazardous com-
prearranged schedule. petition, the customary presence of
(b) [Reserved] commercial or pleasure craft in the
(c) District Commander means the area, any obstruction of navigable
Commander of the Coast Guard Dis- channel which may reasonably be ex-
trict in which the regatta or marine pected to result, and the expected accu-
parade is intended to be held. (See Part mulation of spectator craft.
242
(b) Where such events are to be held 100.20 Action on application for
regularly or repeatedly in a single area event assigned to State regulation
by an individual or organization, the by Coast Guard-State agreement.
Commandant or the District Com- (a) Upon receipt of an application for
mander may, subject to conditions set a regatta or marine parade of a type
from time to time by him or her, grant
assigned to a State for regulation
a permit for such series of events for a
under a Coast Guard-State agreement,
fixed period of time, not to exceed one
year. the District Commander will forward
(c) The application must be sub- the application to the State authority
mitted no less than 135 days before the having cognizance of the event. Fur-
start of the proposed event. However, if ther processing and decision upon such
all of the following criteria are met, an application shall be conducted by
the application must be submitted no the State.
less than 60 days before the start of the (b) [Reserved]
proposed event:
(1) The sponsor submitted an applica- 100.25 Action on application for
tion for the event in the year imme- event not assigned to State regula-
tion by Coast Guard-State agree-
diately preceding.
ment.
(2) The nature, location, scheduling,
and other relevant information con- (a) Where an event is one of a type
tained in the previous application are not assigned to the State for regula-
essentially the same. tion under a Coast Guard-State agree-
(3) The Coast Guard received no ob- ment (or where no such agreement has
jection to the previous application. been entered), the Commander of a
(4) The Coast Guard did not promul- Coast Guard District who receives an
gate special local regulations for the application for a proposed regatta or
previous event. marine parade to be held upon the nav-
(5) The Coast Guard approved the igable waters of the United States
previous event. within his or her district shall take the
(d) The application shall include the following action:
following details: (1) He or she shall determine whether
(1) Name and address of sponsoring the proposed regatta or marine parade
organization. may be held in the proposed location
(2) Name, address, and telephone of with safety of life. To assist in his or
person or persons in charge of the her determination, he or she may, if he
event. or she deems it necessary, hold a public
(3) Nature and purpose of the event. hearing to obtain the views of all per-
(4) Information as to general public sons interested in, or who will be af-
interest. fected by, the regatta or marine pa-
(5) Estimated number and types of rade.
watercraft participating in the event. (2) He or she will notify the indi-
(6) Estimated number and types of vidual or organization which submitted
spectator watercraft. the application:
(7) Number of boats being furnished (i) That the application is approved,
by sponsoring organizations to patrol
and the nature of the special local reg-
event.
ulations, if any, which he or she will
(8) A time schedule and description of
promulgate pursuant to 100.35; or
events.
(ii) That the interest of safety of life
(9) A section of a chart or scale draw-
ing showing the boundaries of the on the navigable waters of the United
event, various water courses or areas States requires specific change or
to be utilized by participants, officials, changes in the application before it can
and spectator craft. be approved; or
(iii) That the event requires no regu-
[CGFR 6322, 28 FR 5155, May 23, 1963 as lation or patrol of the regatta or ma-
amended by CGD 95054, 66 FR 1582, Jan. 9,
2001; CGD 95059, 66 FR 9659, Feb. 9, 2001; rine parade area; or
USCG200315404, 68 FR 37740, June 25, 2003]
243
100.30 33 CFR Ch. I (7112 Edition)
(iv) That the application is not ap- of section 1 of the act of April 28, 1908,
proved, with reasons for such dis- as amended (33 U.S.C. 1233).
approval. [USCG20090416, 74 FR 27438, June 10, 2009]
[CGFR 6322, 28 FR 5155, May 23, 1963, as
amended by USCG200315404, 68 FR 37740, 100.35T010100 Special Local Regula-
tion; War of 1812 Bicentennial Com-
June 25, 2003]
memoration, Port of Boston, Massa-
chusetts.
100.30 Approval required for holding
event. (a) Location: This special local regu-
lation establishes a regulated area to
(a) An event for which application is include all waters west of a line drawn
required under 100.15(a) shall be held from position 422021 N, 710037 W,
only after approval of such event by the monument at Castle Island, to po-
the District Commander, except that sition 422045 N, 710029 W, the Logan
applications referred to a State under Airport Security Zone Buoy 24 and
100.10 shall be governed by the laws of then position 422048 N, 710027 W, a
that State. point of land, including the Reserved
Channel to position 422034 N, 710211
100.35 Special local regulations. W, the Summer Street retractile
(a) The Commander of a Coast Guard bridge, the Charles River to position
District or Captain of the Port (COTP) 422207 N, 710340 W, the Gridley
as authorized by 33 CFR 1.051(i), after Locks at the Charles River Dam, the
approving plans for the holding of a re- Mystic River to position 422322 N,
gatta or marine parade within his or 710416 W, the Alford Street Bridge
her district or zone, is authorized to and the Chelsea River to position
promulgate such special local regula- 422309 N, 710221 W the McArdle
Bridge.
tions as he or she deems necessary to
(b) Special Local Regulations.
insure safety of life on the navigable (1) During the effective period, vessel
waters immediately prior to, during, operators transiting through the regu-
and immediately after the approved related area shall proceed in a counter-
gatta or marine parade. Such regula- clockwise direction at no wake speeds
tions may include a restriction on, or not to exceed five knots, unless other-
control of, the movement of vessels wise authorized by the Captain of the
through a specified area immediately Port.
prior to, during, and immediately after (2) Vessel operators shall comply
the regatta or marine parade. with the instructions of on-scene Coast
(b) The Commander of a Coast Guard Guard patrol personnel. On-scene Coast
District or COTP as authorized by 33 Guard patrol personnel include com-
CFR 1.051(i), after approving plans for missioned, warrant, and petty officers
the holding of a regatta or marine pa- of the Coast Guard onboard Coast
rade upon the navigable waters within Guard, Coast Guard Auxiliary, local,
his or her district or zone, and promul- state, and federal law enforcement ves-
gating special regulations thereto, sels.
must give the public full and adequate (3) From 9 a.m. on June 29, 2012
notice of the dates of the regatta or through 6 p.m. on July 6, 2012 vessel
marine parade, together with full and control measures will be implemented.
The traffic pattern will be in a counter-
complete information of the special
clockwise rotation, such that all ves-
local regulations, if there be such.
sels shall stay generally as far to the
Such notice should be published in the starboard side of the channel as is safe
local notices to mariners. and practicable.
(c) The special local regulations re- (4) To facilitate commercial ferry
ferred to in paragraph (a) of this sec- traffic with minimal disruption, com-
tion, when issued and published by the mercial ferries within the regulated
Commander of a Coast Guard District area, moving between stops on their
or COTP as authorized by 33 CFR 1.05 normal routes, will be exempt from the
1(i), must have the status of regula- mandatory counterclockwise traffic
tions issued pursuant to the provisions pattern. This exemption does not give
244
ferries navigational precedence or in she deems the needs of safety require,

any way alter their responsibilities one or more Coast Guard vessels to pa-
under the Rules of the Road or any trol the course of the regatta or marine
other pertinent regulations. parade for the purpose of enforcing not
(5) Vessel operators transiting the only the special local regulations but
waterway between the Fish Pier and also for assistance work and the en-
World Trade Center must enter and forcement of laws generally.
keep to the starboard side of the chan- (b) The Commander of a Coast Guard
nel, proceeding as directed by on-scene District may also utilize any private
Coast Guard patrol personnel. Vessel vessel or vessels to enforce the special
traffic shall move in a counter- local regulations governing a regatta
clockwise direction around a turning or marine parade provided such vessel
point as marked by an appropriate on- or vessels have been placed at the dis-
scene patrol vessel. position of the Coast Guard pursuant
(6) Vessel operators transiting the to section 826 in Title 14, U.S. Code, for
regulated area must maintain at least such purpose by any member of the
twenty five (25) yard safe distance from Coast Guard Auxiliary, or any corpora-
all official War of 1812 event partici- tion, partnership, or association, or by
pants, all U.S. military vessels under any State or political subdivision
100 feet, and all foreign military ves- thereof. Any private vessel so utilized
sels, and must make way for all deep shall have on board an officer or petty
draft vessel traffic underway in the officer of the Coast Guard who shall be
regulated area. in charge of the vessel during the de-
(7) When a vessel greater than 125 tail and responsible for the law en-
feet enters the waterway between the forcement activities or assistance work
World Trade Center and the Fish Pier performed by the vessel during such de-
and inside the Reserved Channel, no tail. Any private vessel so utilized will
other vessel will be allowed to enter display the Coast Guard ensign while
until that vessel departs that area un- engaged in this duty.
less authorized by the on-scene Patrol
(c) The Commander of a Coast Guard
Commander.
District may also utilize any private
(8) From 10 p.m. through 8 a.m. daily,
while regulated area is in effect, only vessel or vessels placed at the disposi-
vessels which are tenants within the tion of the Coast Guard pursuant to
channels of the World Trade Center, section 826 in Title 14, U.S. Code, by
Fish Pier and Reserved Channel will be any member of the Coast Guard Auxil-
authorized access. iary, or any corporation, partnership,
(9) The Captain of the Port (COTP) or association, or by any State or po-
may control the movement of all ves- litical subdivision thereof, to patrol
sels operating on the navigable waters the course of the regatta or marine pa-
of Boston Harbor when the COTP has rade for the purpose of promoting safe-
determined that such orders are justi- ty by performing assistance work, ef-
fied in the interest of safety by reason fecting rescues, and directing the
of weather, visibility, sea conditions, movement of vessels in the vicinity of
temporary port congestion, and other the regatta or marine parade. Vessels
temporary hazards circumstance. utilized under the authority of this
(c) Effective period. This regulation is paragraph are not authorized to en-
effective from 9 a.m. on June 29, 2012 force the special local regulations or
through 6 p.m. on July 6, 2012. laws generally.
EFFECTIVE DATE NOTE: By USCG20120100, [CGFR 6322, 28 FR 5155, May 23, 1963, as
77 FR 35842, June 15, 2012, 100.35T010100 was amended by CGFR 6532, 30 FR 8518, July 3,
added, effective from 9 a.m. on June 29, 2012 1965; USCG200315404, 68 FR 37740, June 25,
to 6 p.m. on July 6, 2012. 2003]
100.40 Patrol of the regatta or ma- 100.45 Establishment of aids to navi-

rine parade. gation.
(a) The Commander of a Coast Guard The District Commander will estab-
District in which a regatta or marine lish and maintain only those aids to
parade is to be held may detail, if he or navigation necessary to assist in the
245
100.100 33 CFR Ch. I (7112 Edition)
observance and enforcement of the spe- as participants or official patrol ves-

cial regulations issued under the Dis- sels.
trict Commanders authority. These (c) Although listed in the Code of
aids to navigation will be in accord- Federal Regulations, sponsors of events
ance with Part 62 of this chapter. All listed in Table to 100.100 are still re-
other aids to navigation incidental to quired to submit marine event applica-
the holding of a regatta or marine pa- tions in accordance with 33 CFR 100.15.
rade are private aids to navigation as (d) Vessel operators desiring to enter
described in Part 66 of this chapter. or operate within the regulated areas
[CGD 86031, 52 FR 42645, Nov. 6, 1987] shall contact the COTP at 2034684401
(Sector LIS command center) or the
100.100 Special Local Regulations; designated representative via VHF
Regattas and Boat Races in the channel 16.
Coast Guard Sector Long Island (e) Vessels may not transit the regu-
Sound Captain of the Port Zone.
lated areas without the COTP or des-
(a) The following regulations apply ignated representative approval. Ves-
to the marine events listed in the sels permitted to transit must operate
Table to 100.100. These regulations at a no wake speed, in a manner which
will be enforced for the duration of will not endanger participants or other
each event, on or about the dates indi- crafts in the event.
cated. Notifications will be made to (f) Spectators or other vessels shall
the local maritime community through not anchor, block, loiter, or impede the
all appropriate means such as Local transit of event participants or official
Notice to Mariners or Broadcast Notice patrol vessels in the regulated areas
to Mariners well in advance of the during the effective dates and times, or
events. If the event does not have a dates and times as modified through
date listed, then exact dates and times the Local Notice to Mariners, unless
of the enforcement period will be an-
authorized by COTP or designated rep-
nounced through a Notice of Enforce-
resentative.
ment in the FEDERAL REGISTER. The
First Coast Guard District Local No- (g) The COTP or designated rep-
tice to Mariners can be found at: http:// resentative may control the movement
www.navcen.uscg.gov/. of all vessels in the regulated area.
(b) Definitions. The following defini- When hailed or signaled by an official
tions apply to this section: patrol vessel, a vessel shall come to an
(1) Designated representative. A des- immediate stop and comply with the
ignated representative is any Coast lawful directions issued. Failure to
Guard commissioned, warrant or petty comply with a lawful direction may re-
officer of the U.S. Coast Guard who has sult in expulsion from the area, cita-
been designated by the Captain of the tion for failure to comply, or both.
Port (COTP), Sector Long Island Sound (h) The COTP or designated rep-
(LIS), to act on his or her behalf. The resentative may delay or terminate
designated representative may be on an any marine event in this subpart at
official patrol vessel or may be on any time it is deemed necessary to en-
shore and will communicate with ves- sure the safety of life or property.
sels via VHFFM radio or loudhailer. (i) For all power boat races listed,
In addition, members of the Coast vessels not participating in this event,
Guard Auxiliary may be present to in- swimmers, and personal watercraft of
form vessel operators of this regula- any nature are prohibited from enter-
tion. ing or moving within the regulated
(2) Official patrol vessels. Official pa- area unless authorized by the COTP or
trol vessels may consist of any Coast designated representative. Vessels
Guard, Coast Guard Auxiliary, state, or within the regulated area must be at
local law enforcement vessels assigned anchor within a designated spectator
or approved by the COTP. area or moored to a waterfront facility
(3) Spectators. All persons and vessels in a way that will not interfere with
not registered with the event sponsor the progress of the event.
246
TABLE TO 100.100
1.1 Harvard-Yale Re- Event type: Boat Race.

gatta, Thames River, Date: Last Saturday in May through second Saturday of June, from 8 a.m. until 5
New London, CT. p.m.
Location: All waters of the Thames River at New London, Connecticut, between
the Penn Central Draw Bridge 412146.94 N 0720514.46 W to Bartlett Cove
412535.90 N 072542.89 W (NAD 83).
Additional stipulations: Spectator vessels must be at anchor within a designated
spectator area or moored to a waterfront facility within the regulated area in such
a way that they shall not interfere with the progress of the event at least 30 min-
utes prior to the start of the races. They must remain moored or at anchor until
the mens varsity have passed their positions. At that time, spectator vessels lo-
cated south of the Harvard Boathouse may proceed downriver at a reasonable
speed. Vessels situated between the Harvard Boathouse and the finish line must
remain stationary until both crews return safely to their boathouses. If for any rea-
son the mens varsity crew race is postponed, spectator vessels will remain in po-
sition until notified by Coast Guard or regatta patrol personnel. The last 1000 feet
of the race course near the finish line will be delineated by four temporary white
buoys provided by the sponsor. All spectator craft shall remain behind these
buoys during the event. Spectator craft shall not anchor: to the west of the race
course, between Scotch Cap and Bartlett Point Light, or within the race course
boundaries or in such a manner that would allow their vessel to drift or swing into
the race course. During the effective period all vessels shall proceed at a speed
not to exceed six knots in the regulated area. Spectator vessels shall not follow
the crews during the races. Swimming is prohibited in the vicinity of the race
course during the races. A vessel operating in the vicinity of the Submarine Base
may not cause waves which result in damage to submarines or other vessels in
the floating drydocks.
1.2 Great Connecticut Event type: Boat Race.
River Raft Race, Mid- Date: Last Saturday in July through the first Saturday in August, from 10 a.m.
dletown, CT. until 2 p.m.
Location: All waters of the Connecticut River Middletown, CT between Dart Island
(Marker no. 73) 413308.24 N 0723324.46 W and Portland Shoals (Marker
no. 92) 413346.83 N 0723842.18 W (NAD 83).
1.3 Head of the Con- Event type: Boat Race.
necticut Regatta, Date: The second Saturday of October, from 7:30 a.m. until 5 p.m.
Connecticut River, Location: All waters of the Connecticut River between the southern tip of
CT. Gildersleeve Island 413603.61 N 0723718.08 W and Light Number 87
413332.91 N 0723715.24 W (NAD 83).
Additional stipulations: Vessels less than 20 meters in length will be allowed to
transit the regulated area only under escort and at the discretion of the Coast
Guard patrol commander. Vessels over 20 meters in length will be allowed to
transit the regulated area, under escort, from 12:30 p.m. to 1:45 p.m. or as di-
rected by the Coast Guard patrol commander. All transiting vessels shall operate
at No Wake speed or five knots, whichever is slower. Southbound vessels
awaiting escort through the regulated area will wait in the vicinity of the southern
tip of Gildersleeve Island. Northbound vessels awaiting escort will wait at Light
Number 87.
1.4 Riverfront Regatta, Event type: Regatta.
Hartford, CT. Date: The first Sunday of October, from 8:30 a.m. until 4:30 p.m.
Location: All water of the Connecticut River, Hartford, CT, between the Putnum
Bridge 414252.20 N 0723825.80 W and the Riverside Boat House
414625.20 N 0723949.80 W (NAD 83).
1.5 Patchogue Grand Event type: Boat Race.
Prix, Patchogue, NY. Date: The last weekend of August Friday, Saturday and Sunday, from 11 a.m.
until 5 p.m.
247
100.114 33 CFR Ch. I (7112 Edition)
TABLE TO 100.100Continued
Location: All water of the Great South Bay, off Shorefront Park, Patchogue, NY
from approximate position: Beginning at a point off Sand Spit Park, Patchogue,
NY at position 404445 N, 0730051 W then running south to a point in Great
South Bay at position 404346 N, 0730051 W then running south east to po-
sition 404341 N, 0730020 W then running north east to position 404354 N,
0725846 W then east to position 404358 N, 0725732 W then east to posi-
tion 404357 N, 0725649 W then north to position 404418 N, 0725649 W
then west to position 404418 N, 0725732 W then north west to position
404430 N, 0725832 W then north west to position 404433 N, 0725912
W then north west to position 404441 N, 0725951 W then north west to posi-
tion 404446 N, 0730004 W and then closing the zone at position 404445
N, 0730051 W (NAD 83).
1.6 Riverfront U.S. Event type: Boat Race.
Title series Power- Date: Labor Day weekend, Friday and Saturday from 10 a.m. until 6 p.m. and
boat Race, Hartford, Sunday from 12:01 p.m. until 6 p.m.
CT.
Location: All water of the Connecticut River, Hartford, CT, between the Founders
Bridge on the North approximate position 414553.47 N, 0723955.77 W and
414537.39 N, 0723947.49 W (NAD 83) to the South.
[USCG20080384, 77 FR 6956, Feb. 10, 2012]
100.114 Fireworks displays within sit through the regulated area with a
the First Coast Guard District. Coast Guard designated escort.
(a) Regulated area. That area of navi- (3) All persons and vessels shall com-
gable waters within a 500-yard radius of ply with the instructions of the Coast
the launch platform for each fireworks Guard on-scene patrol commander. On-
display listed in the following table. scene patrol personnel may include
commissioned, warrant, and petty offi-
FIREWORKS DISPLAY TABLE cers of the U.S. Coast Guard. Upon
hearing five or more short blasts from
June a U.S. Coast Guard vessel, the operator
of a vessel shall proceed as directed.
Members of the Coast Guard Auxiliary
may also be present to inform vessel
July operators of this regulation and other
New York:
applicable laws.
7.34 .. July 4th Name: Bayville Crescent (c) Effective dates. This rule is in ef-
Club Fireworks. fect from one hour before the scheduled
Sponsor: Bayville Crescent start of the event until thirty minutes
Club, Bayville, NY. after the last firework is exploded for
Time: 8 p.m. to 10 p.m. each event listed in the Table. For
Location: Cooper Bluff, those events listed without a specific
Cove Neck, NY..
time or date, an annual FEDERAL REG-
ISTER document will be published indi-
(b) Special local regulations. (1) No per- cating event dates and times.
son or vessel may enter, transit, or re-
main within the regulated area during [CGD0199009, 64 FR 34544, June 28, 1999]
the effective period of regulation un- EDITORIAL NOTE: For FEDERAL REGISTER ci-
less authorized by the Coast Guard pa- tations affecting 100.114, see the List of CFR
trol commander. Sections Affected, which appears in the
(2) Vessels encountering emergencies Finding Aids section of the printed volume
which require transit through the regu- and at www.fdsys.gov.
lated area should contact the Coast
Guard patrol commander on VHF 100.119 Newport-Bermuda Regatta,
Channel 16. In the event of an emer- Narragansett Bay, Newport, RI
gency, the Coast Guard patrol com- (a) Regulated area. The regulated area
mander may authorize a vessel to tran- includes all waters of Narragansett
248
Bay, Newport, RI, within the following 100.120 Special Local Regulations;
points (NAD 83): Marine Events Held in the Coast
412751 N 0712214 W Guard Sector Northern New Eng-
land Captain of the Port Zone.
412724 N 0712157 W
412709 N 0712239 W The following regulations apply to
412736 N 0722255 W the marine events listed in the Table
to 100.120. These regulations will be
In the event that weather conditions enforced for the duration of each event,
prohibit a safe race start within the ap- on the dates indicated. Mariners should
proach to Newport Harbor, the race consult their Local Notice to Mariners
will begin offshore and the following to remain apprised of the specific cal-
regulated area applies (NAD 83): endar date upon which the listed event
412604 N 0712216 W falls for each calendar year and other
412536 N 0712158 W specific information concerning the
412545 N 0712240 W event. First Coast Guard District Local
412549 N 0712256 W Notice to Mariners can be found at:
http://www.navcen.uscg.gov/. The Sector
(b) Special local regulations. (1) The Northern New England Marine Events
Coast Guard patrol commander may schedule can also be viewed electroni-
delay, modify, or cancel the race as cally at www.homeport.uscg.mil.
conditions or circumstances require. NOTE TO INTRODUCTORY TEXT OF
(2) No person or vessel may enter, 100.20: Although listed in the Code of
transit, or remain in the regulated area Federal Regulations, sponsors of events
unless participating in the event or un- listed in the Table to 100.120 are still
less authorized by the Coast Guard pa- required to submit marine event appli-
trol commander. cations in accordance with 33 CFR
(3) Vessels encountering emergencies 100.15.
which require transit through the regu- (a) The Coast Guard may patrol each
lated area should contact the Coast event area under the direction of a des-
Guard patrol commander on VHF ignated Coast Guard Patrol Com-
Channel 16. In the event of an emer- mander. The Patrol Commander may
be contacted on Channel 16 VHFFM
gency, the Coast Guard patrol com-
(156.8 MHz) by the call sign
mander may authorize a vessel to tran-
PATCOM. Official patrol vessels
sit through the regulated area with a may consist of any Coast Guard, Coast
Coast Guard designated escort. Guard Auxiliary, state, or local law en-
(4) All persons and vessels shall com- forcement vessels assigned or approved
ply with the instructions of the Coast by the Captain of the Port, Sector
Guard on-scene patrol commander. On- Northern New England.
scene patrol personnel may include (b) Vessels may not transit the regu-
commissioned, warrant, and petty offi- lated areas without the Patrol Com-
cers of the U.S. Coast Guard. Upon mander approval. Vessels permitted to
hearing five or more short blasts from transit must operate at a no wake
a U.S. Coast Guard vessel, the operator speed, in a manner which will not en-
of a vessel shall proceed as directed. danger participants or other crafts in
Members of the Coast Guard Auxiliary the event.
may also be present to inform vessel (c) Spectators or other vessels shall
operators of this regulation and other not anchor, block, loiter, or impede the
applicable laws. transit of event participants or official
(c) Effective date. This section is in ef- patrol vessels in the regulated areas
fect on June 21, 1996, from 10:00 a.m. to during the effective dates and times,
3:30 p.m., and biennially thereafter on a unless authorized by an official patrol
vessel.
date and times published in a FEDERAL
(d) The Patrol Commander may con-
REGISTER document.
trol the movement of all vessels in the
[CGD0196025, 61 FR 32332, June 24, 1996] regulated area. When hailed or signaled
by an official patrol vessel, a vessel
shall come to an immediate stop and
comply with the lawful directions
249
100.120 33 CFR Ch. I (7112 Edition)
issued. Failure to comply with a lawful not interfere with the progress of the
direction may result in expulsion from event.
the area, citation for failure to comply, (g) For all regattas and boat parades
or both. listed, spectator vessels operating
(e) The Patrol Commander may delay within the regulated area shall main-
or terminate any marine event in this tain a separation of at least 50 yards
subpart at any time it is deemed nec- from the participants.
essary to ensure the safety of life or (h) For all rowing and paddling boat
property. races listed, vessels not associated with
the event shall maintain a separation
(f) For all power boat races listed,
of at least 50 yards from the partici-
vessels operating within the regulated
pants.
area must be at anchor within a des- (i) The specific calendar date upon
ignated spectator area or moored to a which the listed event falls will be pub-
waterfront facility in a way that will lished in the FEDERAL REGISTER.
TABLE TO 100.120
5.0 MAY
5.1 Champlain Bridge Event Type: Regatta and Boat Parade.

Celebration Flotilla Pa-
rade.
Sponsor: Lake Champlain Maritime Museum.
Date: A two day event on Saturday and Sunday during the third weekend in
May. The specific calendar dates will be published in the Federal Register
via a Notice of Enforcement.
Time: 12 p.m. to 2 p.m. each day.
Location: The regulated area includes all waters of Lake Champlain in the vi-
cinity of the new bridge between Crown Point, New York and Chimney Point,
Vermont within the following points (NAD 83):
440229 N, 0732626 W.
440238 N, 0732558 W.
440118 N, 0732408 W.
440104 N, 0732431 W.
5.2 Tall Ships Visiting Event Type: Regatta and Boat Parade.
Portsmouth.
Sponsor: Portsmouth Maritime Commission, Inc.
Date: A four day event from Friday through Monday during the last weekend
in May. The specific calendar dates will be published in the Federal Register
via a Notice of Enforcement.
Time: 9 a.m. to 8 p.m. each day.
Location: The regulated area includes all waters of Portsmouth Harbor, New
Hampshire in the vicinity of Castle Island within the following points (NAD 83):
430311 N, 0704226 W.
430318 N, 0704151 W.
430442 N, 0704211 W.
430428 N, 0704412 W.
430536 N, 0704556 W.
430529 N, 0704609 W.
430419 N, 0704416 W.
430422 N, 0704233 W.
6.0 JUNE
6.1 Bar Harbor Blessing Event Type: Regatta and Boat Parade.
of the Fleet.
Sponsor: Town of Bar Harbor, Maine.
Date: A one day event on Sunday during the first weekend of June. The spe-
cific calendar date will be published in the Federal Register via a Notice of
Enforcement.
Time: 12 p.m. to 1 p.m.
Location: The regulated area includes all waters of Bar Harbor, Maine within
the following points (NAD 83):
250
442332 N, 0681219 W.
442330 N, 0681200 W.
442337 N, 0681200 W.
442335 N, 0681219 W.
6.2 Charlie Begin Memo- Event Type: Power Boat Race.

rial Lobster Boat Races.
Sponsor: Boothbay Harbor Lobster Boat Race Committee.
Date: A one day event on Saturday during the third weekend of June. The
specific calendar date will be published in the Federal Register via a Notice
of Enforcement.
Time: 10 a.m. to 3 p.m.
Location: The regulated area includes all waters of Boothbay Harbor, Maine
in the vicinity of within Johns Island the following points (NAD 83):
435004 N, 0693837 W.
435054 N, 0693806 W.
435049 N, 0693750 W.
435000 N, 0693820 W.
6.3 Rockland Harbor Lob- Event Type: Power Boat Race.

ster Boat Races.
Sponsor: Rockland Harbor Lobster Boat Race Committee.
Date: A one day event on Sunday during the third weekend of June. The spe-
Enforcement.
Location: The regulated area includes all waters of Rockland Harbor, Maine in
the vicinity of the Rockland Breakwater Light within the following points (NAD
83):
440559 N, 0690453 W.
440643 N, 0690525 W.
440650 N, 0690505 W.
440605 N, 0690434 W.
6.4 Windjammer Days Pa- Event Type: Tall Ship Parade.

rade of Ships.
Sponsor: Boothbay Region Chamber of Commerce.
Date: A one day event on Wednesday during the last week of June. The spe-
Enforcement.
Time: 12 p.m. to 5 p.m.
Location: The regulated area includes all waters of Boothbay Harbor, Maine
in the vicinity of Tumblers Island within the following points (NAD 83):
435102 N, 0693733 W.
435047 N, 0693731 W.
435023 N, 0693757 W.
435001 N, 0693745 W.
435001 N, 0693831 W.
435025 N, 0693825 W.
435049 N, 0693745 W.
7.0 JULY
7.1 Moosabec Lobster Event Type: Power Boat Race.

Boat Races.
Sponsor: Moosabec Boat Race Committee.
Date: A one day event held on July 4th. The specific calendar date will be
published in the Federal Register via a Notice of Enforcement.
Time: 10 a.m. to 12:30 p.m.
Location: The regulated area includes all waters of Jonesport, Maine within
443121 N, 0673644 W.
443136 N, 0673647 W.
443144 N, 0673536 W.
251
100.120 33 CFR Ch. I (7112 Edition)
443129 N, 0673533 W.
7.2 The Great Race ......... Event Type: Rowing and Paddling Boat Race.
Sponsor: Franklin County Chamber of Commerce.
Date: A one day event on Sunday during the first week of September. The
of Enforcement.
Time: 10 a.m. to 12:30 p.m.
cinity of Saint Albans Bay within the following points (NAD 83):
444718 N, 0731027 W.
444710 N, 0730851 W.
7.3 Searsport Lobster Event Type: Power Boat Race.

Boat Races.
Sponsor: Searsport Lobster Boat Race Committee.
Date: A one day event on Saturday during the second week of July. The spe-
Enforcement.
Location: The regulated area includes all waters of Searsport Harbor, Maine
within the following points (NAD 83):
442650 N, 0685520 W.
442704 N, 0685526 W.
442712 N, 0685435 W.
442659 N, 0685429 W.
7.4 Stonington Lobster Event Type: Power Boat Race.

Boat Races.
Sponsor: Stonington Lobster Boat Race Committee.
Enforcement.
Time: 8 a.m. to 3:30 p.m.
Location: The regulated area includes all waters of Stonington, Maine within
440855 N, 0684012 W.
440900 N, 0684015 W.
440911 N, 0683942 W.
440907 N, 0683939 W.
7.5 Mayors Cup Regatta Event Type: Sailboat Parade.

Sponsor: Plattsburgh Sunrise Rotary
Enforcement.
Location: The regulated area includes all waters of Cumberland Bay on Lake
Champlain in the vicinity of Plattsburgh, New York within the following points
(NAD 83):
443926 N, 0732625 W.
444127 N, 0732312 W.
7.6 The Challenge Race .. Event Type: Rowing and Paddling Boat Race.
Sponsor: Lake Champlain Maritime Museum
Date: A one day event on Saturday during the third week of July. The specific
calendar date will be published in the Federal Register via a Notice of En-
forcement.
cinity of Button Bay State Park within the following points (NAD 83):
441225 N, 0732232 W.
441200 N, 0732142 W.
441219 N, 0732125 W.
252
441316 N, 0732136 W.
7.7 Friendship Lobster Event Type: Power Boat Race.

Boat Races.
Sponsor: Friendship Lobster Boat Race Committee.
Date: A one day event on Saturday during the last week of July. The specific
forcement.
Time: 9:30 a.m. to 3 p.m.
Location: The regulated area includes all waters of Friendship Harbor, Maine
435751 N, 0692046 W.
435814 N, 0691953 W.
435819 N, 0692001 W.
435800 N, 0692046 W.
7.8 Arthur Martin Memo- Event Type: Rowing and Paddling Boat Race.
rial Regatta.
Sponsor: I Row.
Date: A one day event on Saturday during the third week of July. The specific
forcement.
Location: The regulated area includes all waters of the Piscataqua River, in
the vicinity of Kittery Point, Maine within the following points (NAD 83):
430351 N, 0704155 W.
430435 N, 0704218 W.
430442 N, 0704315 W.
430514 N, 0704312 W.
430514 N, 0704306 W.
430444 N, 0704311 W.
430435 N, 0704213 W.
430353 N, 0704140 W.
7.9 Harpswell Lobster Event Type: Power Boat Race.

Boat Races.
Sponsor: Harpswell Lobster Boat Race Committee.
Date: A one day event on Sunday during the last week of July. The specific
forcement.
Location: The regulated area includes all waters of Potts Harbor, Maine within
434650 N, 0700137 W.
434650 N, 0700118 W.
434628 N, 0700136 W.
434628 N, 0700119 W.
8.0 AUGUST
8.1 Eggemoggin Reach Event Type: Wooden Boat Parade.

Regatta.
Sponsor: Rockport Marine, Inc. and Brookline Boat Yard.
Date: A one day event on Saturday during the first week of August. The spe-
Enforcement.
Location: The regulated area includes all waters of Eggemoggin Reach and
Jericho Bay in the vicinity of Naskeag Harbor, Maine within the following
points (NAD 83):
441516 N, 0683626 W.
441241 N, 0682926 W.
440738 N, 0683130 W.
441254 N, 0683346 W.
253
100.120 33 CFR Ch. I (7112 Edition)
8.2 Southport Rowgatta Event Type: Rowing and Paddling Boat Race.
Rowing and Paddling
Boat Race.
Sponsor: Boothbay Region YMCA.
Date: A one day event on Saturday during the second week of August. The
of Enforcement.
Location: The regulated area includes all waters of Sheepscot Bay and
Boothbay, on the shore side of Southport Island, Maine within the following
points (NAD 83):
435026 N, 0693910 W.
434910 N, 0693835 W.
434653 N, 0693906 W.
434650 N, 0693932 W.
434907 N, 0694143 W.
435019 N, 0694114 W.
435111 N, 0694006 W.
8.3 Winter Harbor Lobster Event Type: Power Boat Race.

Boat Races.
Sponsor: Winter Harbor Chamber of Commerce.
Date: A one day event on Saturday during the second week of August. The
of Enforcement.
Location: The regulated area includes all waters of Winter Harbor, Maine
442206 N, 0680513 W.
442306 N, 0680508 W.
442304 N, 0680437 W.
442205 N, 0680444 W.
8.4 Lake Champlain Drag- Event Type: Rowing and Paddling Boat Race.
on Boat Festival.
Sponsor: Dragonheart Vermont.
Date: A one day event on Sunday during the second week of August. The
of Enforcement.
Location: The regulated area includes all waters of Burlington Bay within the
following points (NAD 83):
442851 N, 0731328 W.
442840 N, 0731340 W.
442837 N, 0731329 W.
442840 N, 0731317 W.
8.5 Merritt Brackett Lob- Event Type: Power Boat Race.

ster Boat Races.
Sponsor: Town of Bristol, Maine.
Date: A one day event on Sunday during the second week of August. The
of Enforcements.
Location: The regulated area includes all waters of Pemaquid Harbor, Maine
435216 N, 0693210 W.
435241 N, 0693143 W.
435235 N, 0693129 W.
435209 N, 0693156 W.
8.6 Multiple Sclerosis Re- Event Type: Regatta and Sailboat Race.
gatta.
Sponsor: Maine Chapter, Multiple Sclerosis Society.
254
Date: A one day event on Saturday during the third week of August. The spe-
Enforcement.
Location: The regulated area for the start of the race includes all waters of
Casco Bay, Maine in the vicinity of Peaks Island within the following points
(NAD 83):
434024 N, 0701420 W.
434036 N, 0701356 W.
433958 N, 0701321 W.
433946 N, 0701351 W.
8.7 Multiple Sclerosis Event Type: Power Boat Race.

Harborfest Tugboat Race.
Sponsor: Maine Chapter, National Multiple Sclerosis Society.
Date: A one day event on Sunday during the third week of August. The spe-
Enforcement.
Location: The regulated area includes all waters of Portland Harbor, Maine in
the vicinity of Maine State Pier within the following points (NAD 83):
434025 N, 0701421 W.
434036 N, 0701356 W.
433958 N, 0701321 W.
433947 N, 0701351 W.
9.0 SEPTEMBER
9.1 Pirates Festival Lob- Event Type: Power Boat Race.

ster Boat Races.
Sponsor: Eastport Pirates Festival.
Date: A one day event on Sunday during the second weekend of September.
The specific calendar date will be published in the Federal Register via a
Notice of Enforcement.
Location: The regulated area includes all waters in the vicinity of Eastport
Harbor, Maine within the following points (NAD 83):
445414 N, 0665852 W.
445414 N, 0685856 W.
445424 N, 0665852 W.
445424 N, 0665856 W.
[USCG20111023, 77 FR 23603, Apr. 20, 2012]
100.130 Special Local Regulations; participants and type(s) of vessels in-

Recurring Annual Marine Events in volved will be provided to the local
Sector Boston Captain of the Port maritime community through the
Zone. Local Notice to Mariners and/or Broad-
This section applies to the marine cast Notice to Mariners well in advance
events listed in Table 1 of this section. of the events. If the event does not
The regulations in this section will be have a date listed, then the exact dates
enforced for the duration of each event, and times of the enforcement will be
on or about the dates indicated in announced through a Notice of En-
Table 1 of this section. Annual notice forcement in the FEDERAL REGISTER.
of the exact dates and times of the ef- Mariners should consult the FEDERAL
fective period of the regulations in this REGISTER or their LNM to remain ap-
section with respect to each event, the prised of minor schedule or event
geographical description of each regu- changes. First Coast Guard District
lated area, and details concerning the LNM can be found at: http://
nature of the event and the number of
255
100.130 33 CFR Ch. I (7112 Edition)
www.navcen.uscg.gov/. The Sector Bos- dates and times as modified through

ton Marine Events schedule can also be LNM, unless authorized by an official
viewed electronically at http:// patrol vessel.
www.homeport.uscg.mil. Although listed (d) PATCOM may control the move-
in the Code of Federal Regulations, ment of all vessels in the regulated
sponsors of events listed in Table 1 of area. When hailed or signaled by an of-
this section are still required to submit ficial patrol vessel, a vessel shall come
a marine event permit application in to an immediate stop and comply with
accordance with 33 CFR 100.15. the lawful directions issued. Failure to
(a) The Coast Guard may patrol each comply with a lawful direction may re-
event area under the direction of a des- sult in expulsion from the area, cita-
ignated Coast Guard Patrol Com- tion for failure to comply, or both.
mander (PATCOM). PATCOM may be (e) PATCOM may delay or terminate
contacted on Channel 16 VHFFM (156.8 any marine event in this subpart at
MHz) by the call sign PATCOM. Offi- any time it is deemed necessary to en-
cial patrol vessels may consist of any sure the safety of life or property. Such
Coast Guard, Coast Guard Auxiliary, action may be justified as a result of
state, or local law enforcement vessels weather, traffic density, spectator op-
assigned or approved by the Captain of eration or participant behavior.
the Port, Sector Boston. (f) For all power boat races listed,
(b) Vessels may not transit the regu- vessels operating within the regulated
lated areas without PATCOM approval. area must be at anchor within a des-
Vessels permitted to transit must oper- ignated spectator area or moored to a
ate at a no wake speed, in a manner waterfront facility in a way that will
which will not endanger participants or not interfere with the progress of the
other crafts in the event. event.
(c) Spectators or other vessels shall (g) For all regattas, boat parades,
not anchor, block, loiter, or impede the and rowing and paddling boat races,
transit of event participants or official vessels not associated with the event
patrol vessels in the regulated areas shall maintain a separation of at least
during the effective dates and times, or 50 yards from the participants.
TABLE 1
3.0 MARCH
3.1 Hull Snow Row .......... Event Type: Rowing Regatta.

Sponsor: Hull Lifesaving Museum.
Date: A one-day event on Saturday during the second weekend of March, as
specified in the USCG District 1 Local Notice to Mariners.
Time: 12:00 pm to 13:00 pm.
Location: All waters of Hingham Bay, between Windmill Point and Sheeps Is-
land within the following points (NAD 83):
4218.3 N, 07055.8 W.
4218.3 N, 07055.3 W.
4216.6 N, 07054.9 W.
4216.6 N, 07056.0 W.
6.0 JUNE
6.1 Sea-Doo Regional Event Type: PWC Race.

Championships. Sponsor: Toyota.
Date: A two-day event on Saturday and Sunday during the first weekend of
June, as specified in the USCG District 1 Local Notice to Mariners.
Time: 6:30 am to 5:00 pm daily.
Location: All waters of the Atlantic Ocean near Salisbury Beach, Salisbury,
MA, within a 100-yard radius of the race course site located at position
4251.5 N, 07048.5 W (NAD 83).
8.0 AUGUST
8.1 Haverhill River Run .... Event Type: Power Boat Race.
Sponsor: Crescent Yacht Club and South Shore Outboard Association.
256
TABLE 1Continued
Date: A two-day event on Saturday and Sunday during the last weekend of
August, as specified in the USCG District 1 Local Notice to Mariners.
Time: 12:00 pm to 5:00 pm.
Location: All waters of the Merrimack River, between the Interstate 495 High-
way Bridge, located at position 4246.1 N, 07107.2 W (NAD 83), and the
Haverhill-Groveland SR97/113 Bridge, located at position 4245.8 N,
07102.1 W (NAD 83).
[USCG20110109, 76 FR 69625, Nov. 9, 2011]
100.150 Special Local Regulations; Guard, Coast Guard Auxiliary, state, or

Marine Events in the Coast Guard local law enforcement vessels assigned
Sector New York Captain of the or approved by the COTP.
Port Zone. (3) Spectators. All persons and vessels
The following regulations apply to not registered with the event sponsor
the marine events listed in the TABLE as participants or official patrol ves-
to 100.150. These regulations will be sels.
enforced for the duration of each event, (b) Vessel operators desiring to enter
on or about the dates indicated. An- or operate within the regulated areas
nual notice of the exact dates and shall contact the COTP or the des-
times of the effective period of the reg- ignated representative via VHF chan-
ulations with respect to each event, nel 16 or (718) 3544353 (Sector New
the geographical area, and details con- York command center) to obtain per-
cerning the nature of the event and the mission to do so.
number of participants and type(s) of (c) Vessels may not transit the regu-
vessels involved will be published in a lated areas without the COTP or des-
Local Notices to Mariners and broad- ignated representative approval. Ves-
cast over VHFFM radio. First Coast sels permitted to transit must operate
Guard District Local Notice to Mari- at a no wake speed, in a manner which
ners can be found at: http:// will not endanger participants or other
www.navcen.uscg.gov/. The Sector New crafts in the event.
York Marine Events schedule can also (d) Spectators or other vessels shall
be viewed electronically at http:// not anchor, block, loiter, or impede the
www.homeport.uscg.mil/newyork. Al- transit of event participants or official
though listed in the Code of Federal patrol vessels in the regulated areas
Regulations, sponsors of events listed during the effective dates and times, or
in the TABLE to 100.150 are still re- dates and times as modified through
quired to submit marine event applica- the Local Notice to Mariners, unless
tions in accordance with 33 CFR 100.15. authorized by COTP or designated rep-
(a) Definitions. The following defini- resentative.
tions apply to this section: (e) The COTP or designated rep-
(1) Designated Representative. A des- resentative may control the movement
ignated representative is any Coast of all vessels in the regulated area.
Guard commissioned, warrant or petty When hailed or signaled by an official
officer of the U.S. Coast Guard who has patrol vessel, a vessel shall come to an
been designated by the Captain of the immediate stop and comply with the
Port, Sector New York (COTP), to act lawful directions issued. Failure to
on his or her behalf. The designated comply with a lawful direction may re-
representative may be on an official sult in expulsion from the area, cita-
patrol vessel or may be on shore and tion for failure to comply, or both.
will communicate with vessels via (f) The COTP or designated rep-
VHFFM radio or loudhailer. In addi- resentative may delay or terminate
tion, members of the Coast Guard Aux- any marine event in this subpart at
iliary may be present to inform vessel any time it is deemed necessary to en-
operators of this regulation. sure the safety of life or property.
(2) Official Patrol Vessels. Official pa- (g) For all power boat races listed,
trol vessels may consist of any Coast vessels not participating in this event,
257
100.501 33 CFR Ch. I (7112 Edition)
swimmers, and personal watercraft of (1) Coast Guard Patrol Commander. A

any nature are prohibited from enter- Patrol Commander is a commissioned,
ing or moving within the regulated warrant, or petty officer of the Coast
area unless authorized by the COTP or Guard who has been designated by the
designated representative. Vessels respective Coast Guard SectorCap-
within the regulated area must be at tain of the Port to enforce these regu-
anchor within a designated spectator lations.
area or moored to a waterfront facility (2) Official Patrol means any vessel
in a way that will not interfere with assigned or approved by the respective
the progress of the event. Captain of the Port with a commis-
sioned, warrant, or petty officer on
TABLE TO 100.150 board and displaying a Coast Guard en-
sign.
1.0 ............... Hudson River (3) Spectators. All persons and vessels
1.1 New Event type: Power Boat Race. not registered with the event sponsor
York as participants or official patrol ves-
Super sels.
Boat Race. (b) Event Patrol. The Coast Guard
Date: The weekend after Labor may assign an event patrol, as de-
Day. scribed in 100.40 of this part, to each
Location: All waters of the Lower regulated event listed in the table. Ad-
Hudson River south of a line drawn
ditionally, a Patrol Commander may
from the northwest corner of Pier
76 in Manhattan, New York to a be assigned to oversee the patrol. The
point on the New Jersey shore in event patrol and Patrol Commander
Weehawken, New Jersey at ap- may be contacted on VHFFM Channel
proximate position 404552 N 16.
0740101 W (NAD 1983) and (c) Special local regulations. (1) The
north of a line connecting the fol- Coast Guard Patrol Commander may
lowing points (all coordinates are forbid and control the movement of all
NAD 1983): 404216.0 N,
vessels in the regulated area(s). When
0740109.0 W; thence to
404155.0 N, 0740116.0 W; hailed or signaled by an official patrol
thence to 404147.0 N, vessel, a vessel in these areas shall im-
0740136.0 W; thence to mediately comply with the directions
404155.0 N, 0740159.0 W; given. Failure to do so may result in
thence to 404220.5 N, expulsion from the area, citation for
0740206.0 W. failure to comply, or both.
(2) The Coast Guard Patrol Com-
[USCG20101001, 76 FR 69616, Nov. 9, 2011] mander may terminate the event, or
the operation of any vessel partici-
100.501 Special Local Regulations; pating in the event, at any time it is
Marine Events in the Fifth Coast deemed necessary for the protection of
Guard District. life or property.
The following regulations apply to (3) Only event sponsor designated
the marine events listed in the Table participants and official patrol vessels
to 100.501. These regulations will be are allowed to enter the regulated area.
effective annually, for the duration of (4) Spectators are only allowed inside
each event listed in the Table to the regulated area if they remain with-
100.501. Annual notice of the exact in a designated spectator area. Spec-
dates and times of the effective period tators may contact the Coast Guard
of the regulation with respect to each Patrol Commander to request permis-
event, the geographical area, and de- sion to pass through the regulated
tails concerning the nature of the area. If permission is granted, spec-
event and the number of participants tators must pass directly through the
and type(s) of vessels involved will be regulated area at safe speed and with-
published in Local Notices to Mariners out loitering.
and via Broadcast Notice to Mariners (d) Contact information. Questions
over VHFFM marine band radio. about marine events should be ad-
(a) Definitions. The following defini- dressed to the local Coast Guard Cap-
tions apply to this section: tain of the Port for the area in which
258
the event is occurring. Contact infor- (3) Coast Guard Sector Hampton
mation is listed below. For a descrip- RoadsCaptain of the Port Zone, Nor-
tion of the geographical area of each folk, Virginia: (757) 4838567.
Coast Guard SectorCaptain of the (4) Coast Guard Sector North Caro-
Port zone, please see subpart 3.25 of linaCaptain of the Port Zone North
this chapter. Carolina: (877) 2290770 or (910) 7722200.
(1) Coast Guard Sector Delaware (e) Application for marine events. The
BayCaptain of the Port Zone, Phila- application requirements of 100.15 of
delphia, Pennsylvania: (215) 2714944. this part apply to all events listed in
the Table to 100.501. For information
(2) Coast Guard Sector Baltimore
on applying for a marine event, contact
Captain of the Port Zone, Baltimore,
the Captain of the Port for the area in
Maryland: (410) 5762525. which the event will occur, at the
phone numbers listed above.
TABLE TO 100.501
[All coordinates listed in the Table to 100.501 reference Datum NAD 1983.]
Number Date Event Sponsor Location
(a.) Coast Guard Sector Delaware BayCOTP Zone
1 .................. June1st Sunday ... Atlantic County Day Atlantic County, New The waters of Great Egg Harbor Bay, ad-
at the Bay. Jersey. jacent to Somers Point, New Jersey,
bounded by a line drawn along the fol-
lowing boundaries: The area is bounded
to the north by the shoreline along John
F. Kennedy Park and Somers Point,
New Jersey; bounded to the east by the
State Route 52 bridge; bounded to the
south by a line that runs along latitude
391800 N; and bounded to the west
by a line that runs along longitude
0743700 W.
2 .................. June3rd Saturday Annual Escape from Escape from Fort All waters of the Delaware River between
Fort Delaware Delaware Pea Patch Island and Delaware City,
Triathlon. Triathlon, Inc. Delaware, bounded by a line connecting
the following points: Latitude
393635.7 N, longitude 0753525.6
W, to latitude 393457.3 N, longitude
0753323.1 W, to latitude 393411.9
N, longitude 0753428.6 W, to latitude
393552.4 N, longitude 0753633.9
W.
3 .................. JuneLast Saturday Westville Parade of Borough of Westville All waters of Big Timber Creek in
Lights. and Westville Westville, NJ from shoreline to shore-
Power Boat. line bounded on the south from the
Route 130 Bridge and to the north by
the entrance of the Delaware River.
4 .................. July3rd Sunday .... OPA Atlantic City Offshore Perform- The waters of the Atlantic Ocean, adja-
Grand Prix. ance Assn. (OPA). cent to Atlantic City, New Jersey,
bounded by a line drawn between the
following points: Southeasterly from a
point along the shoreline at latitude
392150 N, longitude 0742437 W,
0742350 W, thence southwesterly to
latitude 391933 N, longitude
0742652 W, thence northwesterly to
a point along the shoreline at latitude
392043 N, longitude 0742740 W,
thence northeasterly along the shoreline
0742437 W.
5 .................. JulyOn or about U.S. holiday celebra- City of Philadelphia .. The waters of the Delaware River, adja-
July 4th. tions. cent to Philadelphia, PA and Camden,
NJ, from shoreline to shoreline, bound-
ed on the south by the Walt Whitman
Bridge and bounded on the north by the
Benjamin Franklin Bridge.
259
100.501 33 CFR Ch. I (7112 Edition)
6 .................. August2nd Friday, Point Pleasant OPA/ Offshore Perform- The waters of the Atlantic Ocean bounded
Saturday and Sun- NJ Offshore Grand ance Association by a line drawn from a position along
day. Prix. (OPA) and New the shoreline near Normandy Beach, NJ
Jersey Offshore at latitude 400000 N, longitude
Racing Assn. 0740330 W, thence easterly to lati-
tude 395940 N, longitude 0740200
W, thence southwesterly to latitude
395635 N, longitude 0740300 W,
thence westerly to a position near the
Seaside Heights Pier at latitude
395635 N, longitude 0740415 W,
thence northerly along the shoreline to
the point of origin.
7 .................. July3rd Wednes- New Jersey Offshore Offshore Perform- The waters of the Manasquan River from
day and Thursday. Grand Prix. ance Assn. & New the New York and Long Branch Rail-
Jersey Offshore road to Manasquan Inlet, together with
Racing Assn. all of the navigable waters of the United
States from Asbury Park, New Jersey,
latitude 401400 N; southward to Sea-
side Park, New Jersey latitude
395500 N, from the New Jersey
shoreline seaward to the limits of the
Territorial Sea. The race course area
extends from Asbury Park to Seaside
Park from the shoreline, seaward to a
distance of 8.4 nautical miles.
8 .................. August4th Thunder Over the Atlantic City Cham- The waters of the Atlantic Ocean, adja-
Wednesday. Boardwalk Air ber of Commerce. cent to Atlantic City, New Jersey,
show. bounded by a line drawn between the
following points: Southeasterly from a
392131 N, longitude 0742504 W,
thence to latitude 392108 N, lon-
gitude 0742448 W, thence southwest-
erly to latitude 392016 N, longitude
a point along the shoreline at latitude
392044 N, longitude 0742731 W,
thence northeasterly along the shoreline
0742504 W.
9 .................. September3rd Sat- Annual Escape from Escape from Fort All waters of the Delaware River between
urday. Fort Delaware Delaware Pea Patch Island and Delaware City,
Triathlon. Triathlon, Inc. Delaware, bounded by a line connecting
the following points: Latitude
393635.7 N, longitude 0753525.6
0753323.1 W, to latitude 393411.9
393552.4 N, longitude 0753633.9
W.
10 ................ Septemberlast Fri- Sunset Lake Sunset Lake All waters of Sunset Lake, New Jersey,
day, Saturday and Hydrofest. Hydrofest Assn. from shoreline to shoreline, south of
Sunday; October latitude 385832 N.
first Friday, Satur-
day and Sunday.
11 ................ October2nd Satur- The Liberty Grand Offshore Perform- The waters of the Delaware River, adja-
day and Sunday. Prix. ance Assn. (OPA). cent to Philadelphia, PA and Camden,
NJ, from shoreline to shoreline, bound-
12 ................ October1st Mon- U.S. holiday celebra- City of Philadelphia .. The waters of the Delaware River, adja-
day (Columbus tions. cent to Philadelphia, PA and Camden,
Day). NJ, from shoreline to shoreline, bound-
260
13 ................ DecemberOn De- U.S. holiday celebra- City of Philadelphia .. The waters of the Delaware River, adja-
cember 31st (New tions. cent to Philadelphia, PA and Camden,
Years Eve). NJ, from shoreline to shoreline, bound-
(b.) Coast Guard Sector BaltimoreCOTP Zone
1 .................. March4th or last Safety at Sea Sem- U.S. Naval Academy All waters of the Severn River from shore-
Saturday; or inar.. line to shoreline, bounded to the north-
April1st Satur- west by a line drawn from the south
day. shoreline at latitude 390038.9 N, lon-
gitude 0763105.2 W, thence to the
north shoreline at latitude 390054.7
N, longitude 0763044.8 W, this line is
approximately 1300 yards northwest of
the U.S. 50 fixed highway bridge. The
regulated area is bounded to the south-
east by a line drawn from the Naval
Academy Light at latitude 385839.5
N, longitude 0762849 W, thence
southeast to a point 700 yards east of
Chinks Point, MD at latitude 38581.9
N, longitude 076281.7 W, thence
northeast to Greenbury Point at latitude
385829 N, longitude 0762716 W.
2 .................. Marchlast Friday, USNA Crew Races. U.S. Naval Academy All waters of the Severn River from shore-
Saturday and Sun- line to shoreline, bounded to the north-
day; April and west by a line drawn from the south
Mayevery Fri- shoreline at latitude 390038.9 N, lon-
day, Saturday and gitude 0763105.2 W, thence to the
Sunday. north shoreline at latitude 390054.7
approximately 1300 yards northwest of
385829 N, longitude 0762716 W.
3 .................. April2nd Saturday St. Marys Seahawk St. Marys College of All waters of the St. Marys River, from
Sprint. Maryland. shoreline to shoreline, bounded to the
south by a line at latitude 381005 N,
and bounded to the north by a line at
latitude 381200 N.
4 .................. May1st Sunday .... Nanticoke River Nanticoke River All waters of the Nanticoke River, includ-
Swim and Swim and ing Bivalve Channel and Bivalve Har-
Triathlon. Triathlon, Inc. bor, bounded by a line drawn from a
point on the shoreline at latitude
381800 N, longitude 0755400 W,
thence westerly to latitude 381800 N,
longitude 0755500 W, thence north-
erly to latitude 382000 N, longitude
0755348 W, thence easterly to lati-
W.
261
100.501 33 CFR Ch. I (7112 Edition)
5 .................. MaySaturday be- Chestertown Tea Chestertown Tea All waters of the Chester River, within a
fore Memorial Day. Party Re-enact- Party Festival. line connecting the following positions:
ment Festival. Latitude 391227 N, longitude
0760346 W; thence to latitude
391219 N, longitude 0760353 W;
gitude 0760341 W; thence to latitude
391226 N, longitude 0760338 W;
thence to the point of origin at latitude
391227 N, longitude 0760346 W.
6 .................. May3rd Friday, Dragon Boat Races Dragon Boat Fes- The waters of the Upper Potomac River,
Saturday and Sun- at Thompson tival, Inc. Washington, DC, from shoreline to
day. Boathouse, shoreline, bounded upstream by the
Georgetown, Francis Scott Key Bridge and down-
Washington, DC. stream by the Roosevelt Memorial
Bridge.
7 .................. MayTuesday and Blue Angels Air U.S. Naval Academy All waters of the Severn River from shore-
Wednesday before Show. line to shoreline, bounded to the north-
Memorial Day (ob- west by a line drawn from the south
served). shoreline at latitude 390038.9 N, lon-
gitude 0763105.2 W, thence to the
approximately 1,300 yards northwest of
385829 N, longitude 0762716 W.
8 .................. June2nd Sunday .. The Great Chesa- Great Chesapeake The waters of the Chesapeake Bay be-
peake Bay Bridges Bay Swim, Inc. tween and adjacent to the spans of the
Swim Races and William P. Lane Jr. Memorial Bridge
Chesapeake Chal- shore to shore 500 yards north of the
lenge One Mile north span of the bridge from the west-
Swim. ern shore at latitude 390036 N, lon-
gitude 0762305 W and the eastern
shore at latitude 385914 N, longitude
0762000 W, and 500 yards south of
the south span of the bridge from the
western shore at latitude 390016 N,
longitude 0762430 W and the eastern
shore at latitude 385838.5 N, lon-
gitude 0762006 W.
9 .................. June3rd, 4th or Maryland Swim for District of Columbia The waters of the Chester River from
last Saturday or Life. Aquatics Club. shoreline to shoreline, bounded on the
July2nd or 3rd south by a line drawn at latitude
Saturday. 391016 N, near the Chester River
Channel Buoy 35 (LLN26795) and
bounded on the north at latitude
391230 N by the Maryland S.R. 213
Highway Bridge.
262
10 ................ Junelast Saturday Bo Bowman Memo- Virginia/Carolina All waters of the Nanticoke River, near
and Sunday. rialSharptown Racing Assn. Sharptown, Maryland, between Mary-
Regatta. land S.R. 313 Highway Bridge and Nan-
ticoke River Light 43 (LLN24175),
following points: southeasterly from lati-
W, to latitude 383242 N, longitude
0754309 W, thence northeasterly to
0754314 W.
11 ................ June3rd, 4th or Thunder on the Nar- Kent Narrows Racing All waters of Prospect Bay enclosed by
last Saturday and rows. Assn. the following points: latitude 385752.0
Sunday or Au- N, longitude 0761448.0 W, to latitude
gust1st Saturday 385802.0 N, longitude 0761505.0
and Sunday. W, to latitude 385738.0 N, longitude
0761529.0 W, to latitude 385728.0
385752.0 N, longitude 0761448.0
W.
12 ................ Labor Day weekend Ragin on the River .. Port Deposit, MD, The waters of the Susquehanna River,
Saturday and Chamber of Com- adjacent to Port Deposit, Maryland,
Sunday, or Mon- merce. from shoreline to shoreline, bounded on
day. the south by the U.S. I95 fixed high-
way bridge, and bounded on the north
by a line running southwesterly from a
393622 N, longitude 0760708 W,
gitude 0760746 W.
13 ................ September2nd Dragon Boat Races Associated Catholic The waters of the Patapsco River, Balti-
Saturday or the in the Inner Harbor. Charities, Inc. more, MD, Inner Harbor from shoreline
Saturday after to shoreline, bounded on the east by a
Labor Day. line drawn along longitude 0763630
W.
14 ................ June3rd, 4th or Baltimore Dragon Baltimore Dragon The waters of the Patapsco River, North-
last Saturday or Boat Challenge. Boat Club. west Harbor, in Baltimore, MD, from
Sunday. shoreline to shoreline, within an area
bounded on the east by a line drawn
along longitude 07635 W and bound-
ed on the west by a line drawn along
longitude 07636.
15 ................ September4th or Cambridge Offshore Chesapeake Bay All waters of the Choptank River, from
last Saturday and Challenge. Powerboat Asso- shoreline to shoreline, bounded to the
Sunday. ciation. west by the Route 50 Bridge and
bounded to the east by a line drawn
along longitude 076 W, between
Goose Point, MD and Oystershell Point,
MD.
16 ................ September4th or Chesapeakeman Columbia Triathlon All waters of the Choptank River within
last Saturday. Ultra Triathlon. Assn. Inc. 200 yards either side of a line drawn
northwesterly from a point on the shore-
line at latitude 383345 N, longitude
0760238 W, thence to latitude
383506 N, longitude 0760442 W, a
position located at Great Marsh Park,
Cambridge, MD.
17 ................ Octoberlast Satur- Tug of War ............... City of Annapolis ..... The waters of Spa Creek from shoreline
day or Novem- to shoreline, extending 400 feet from ei-
ber1st Saturday. ther side of a rope spanning Spa Creek
from a position at latitude 385836.9
N, longitude 0762903.8 W on the An-
napolis shoreline to a position at lati-
tude 385826.4 N, longitude
0762853.7 W on the Eastport shore-
line.
263
100.501 33 CFR Ch. I (7112 Edition)
18 ................ December2nd Sat- Eastport Yacht Club Eastport Yacht Club The approaches to Annapolis Harbor, the
urday. Boat Parade. waters of Spa Creek, and the Severn
River, shore to shore, bounded on the
south by a line drawn from Carr Point,
0762740.0 W, thence to Horn Point
Warning Light (LLNR 17935), at
385824.0 N, longitude 0762810.0
W, thence to Horn Point, at 385820.0
N, longitude 0762827.0 W, and
bounded on the north by the State
Route 450 Bridge.
19 ................ Memorial Day week- Air Expo ................... U.S. Naval Air Sta- All waters of the lower Patuxent River,
endThursday, tion Patuxent near Solomons, Maryland, located be-
Friday, Saturday River, MD. tween Fishing Point and the base of the
and Sunday, or break wall marking the entrance to the
Labor Day week- East Seaplane Basin at Naval Air Sta-
endThursday, tion Patuxent River, within an area
Friday, Saturday bounded by a line connecting position
and Sunday. latitude 381739 N, longitude
381747 N, longitude 0762600 W;
gitude 0762540 W; thence to latitude
381800 N, longitude 0762525 W,
located along the shoreline at U.S.
Naval Air Station Patuxent River, Mary-
land, and All waters of the lower Patux-
ent River, near Solomons, Maryland, lo-
cated between Hog Point and Cedar
Point, within an area bounded by a line
drawn from a position at latitude
381841 N, longitude 0762343 W;
381812 N, longitude 0762237 W;
gitude 0762346 W, located adjacent
to the shoreline at U.S. Naval Air Sta-
tion Patuxent River, Maryland.
20 ................ March 24, 2012, USNA Crew Races .. U.S. Naval Academy All waters of the Severn River from shore-
April 14, 2012 and line to shoreline, bounded to the north-
April 21, 2012. west by a line drawn from the south
shoreline at latitude 390038.9 N., lon-
gitude 0763105.2 W. thence to the
N., longitude 0763044.8 W., this line
is approximately 1300 yards northwest
of the U.S. 50 fixed highway bridge.
The regulated area is bounded to the
southeast by a line drawn from the
Naval Academy Light at latitude
385839.5 N., longitude 0762849 W.
thence southeast to a point 700 yards
east of Chinks Point, MD, at latitude
38581.9 N., longitude 076281.7 W.
thence northeast to Greenbury Point at
latitude 385829 N., longitude
0762716 W.
264
21 ................ July 14 and 15, 2012 Bo Bowman Memo- Virginia/Carolina All waters of the Nanticoke River, near
rialSharptown Racing Assn. Sharptown, Maryland, between Mary-
Regatta. land S.R. 313 Highway Bridge and Nan-
ticoke River Light 43 (LLN24175),
following points: southeasterly from lati-
W, to latitude 383242 N, longitude
0754309 W, thence northeasterly to
0754314 W.
22 ................ June 9 and 10, 2012 Thunder on the Nar- Kent Narrows Racing All waters of Prospect Bay enclosed by
rows. Association. the following points: Latitude
385752.0 N, longitude 0761448.0
0761505.0 W, to latitude 385738.0
385728.0 N, longitude 0761523.0
0761448.0 W.
(c.) Coast Guard Sector Hampton RoadsCOTP Zone
1 .................. April3rd Saturday Hydroplane races .... Virginia Boat Racing All waters of the Western Branch, Eliza-
and Sunday. Assn. beth River bounded by a line con-
necting the following points: latitude
365006 N, longitude 0762227 W,
gitude 0762157 W, thence to latitude
365015 N, longitude 0762155.8 W,
gitude 0762227 W, thence to point of
origin.
2 .................. April4th Friday and Crawford Bay Crew Port Events, Inc. ...... The waters of the Southern Branch, Eliza-
Saturday. Classic. beth River from shoreline to shoreline
bounded to the south by a line drawn
from latitude 364911.0 N, longitude
0761733.0 W to latitude 364911.0
N, longitude 0761722.0 W and
bounded to the north by a line drawn
from latitude 365017.5 N, longitude
0761745.0 W to latitude 365017.5
N, longitude 0761730.0 W.
3 .................. April4th Saturday Wet Spring Regatta Windsurfing Enthu- The waters of Willoughby Bay contained
and Sunday. siasts of Tidewater. within the following coordinates: latitude
365836 N, longitude 0761842 W,
0761800 W, to latitude 365749 N,
longitude 0761814 W, to latitude
365736 N, longitude 0761755 W,
0761806 W, to latitude 365815 N,
365836 N, longitude 0761842 W.
4 .................. May2nd Friday Hydroplane races .... Virginia Boat Racing Regulated area includes all waters of the
and Saturday. Assn. Western Branch, Elizabeth River bound-
ed by a line connecting the following
points: latitude 365006 N, longitude
0762227 W, thence to latitude
365006 N, longitude 0762157 W,
gitude 0762155.8 W, thence to lati-
W, thence to point of origin.
265
100.501 33 CFR Ch. I (7112 Edition)
5 .................. Maylast Friday, Blackbeard Festival Hampton Event Mak- The waters of Sunset Creek and Hampton
Saturday and Sun- ers. River shore to shore bounded to the
day or June1st north by the C&O Railroad Bridge and
Friday, Saturday to the south by a line drawn from
and Sunday. Hampton River Channel Light 16 (LL
5715), located at latitude 370103.0 N,
longitude 762026.0 W, to the finger
pier across the river at Fishermans
Wharf, located at latitude 370101.5
Spectator Vessel Anchorage AreasArea
A: Located in the upper reaches of the
Hampton River, bounded to the south
by a line drawn from the western shore
762022.0 W, across the river to the
eastern shore at latitude 370144.0 N,
longitude 762013.0 W, and to the
north by the C&O Railroad Bridge. The
anchorage area will be marked by or-
ange buoys.
Area B: Located on the eastern side of
the channel, in the Hampton River,
south of the Queen Street Bridge, near
the Riverside Health Center. Bounded
by the shoreline and a line drawn be-
tween the following points: Latitude
370126.0 N, longitude 762024.0 W,
latitude 370122.0 N, longitude
762026.0 W, and latitude 370122.0
N, longitude 762023.0 W. The an-
chorage area will be marked by orange
buoys.
266
6 .................. June1st Friday, Norfolk Harborfest ... Norfolk Festevents, The waters of the Elizabeth River and its
Saturday and Sun- Ltd.. branches from shore to shore, bounded
day or 2nd Friday, to the northwest by a line drawn across
Saturday and Sun- the Port Norfolk Reach section of the
day. Elizabeth River between the northern
corner of the landing at Hospital Point,
Portsmouth, Virginia, latitude
365051.0 N, longitude 0761809.0
W and the north corner of the City of
Norfolk Mooring Pier at the foot of
Brooks Avenue located at latitude
365100.0 N, longitude 0761752.0
W; bounded on the southwest by a line
drawn from the southern corner of the
landing at Hospital Point, Portsmouth,
Virginia, at latitude 365050.0 N, lon-
gitude 0761810.0 W, to the northern
end of the easternmost pier at the Tide-
water Yacht Agency Marina, located at
0761752.0 W; bounded to the south
by a line drawn across the Lower
Reach of the Southern Branch of the
Elizabeth River, between the Ports-
mouth Lightship Museum located at the
foot of London Boulevard, in Ports-
mouth, Virginia at latitude 365010.0
N, longitude 0761747.0 W, and the
northwest corner of the Norfolk Ship-
building & Drydock, Berkley Plant, Pier
No. 1, located at latitude 365008.0 N,
longitude 0761739.0 W; and to the
southeast by the Berkley Bridge which
crosses the Eastern Branch of the Eliz-
abeth River between Berkley at latitude
365021.5 N, longitude 0761714.5
W, and Norfolk at latitude 365035.0
7 .................. MayLast Saturday Ocean City Maryland Offshore Perform- The waters of the Atlantic Ocean com-
and Sunday. Offshore Grand ance Assn. Rac- mencing at a point on the shoreline at
Prix. ing, LLC. latitude 382542 N, longitude
0750306 W; thence east southeast to
0750212 W, thence south southwest
parallel to the Ocean City shoreline to
0750348 W; thence west northwest to
the shoreline at latitude 381930 N,
longitude 0750500 W. The waters of
the Atlantic Ocean bounded by a line
drawn from a position along the shore-
line near Ocean City, MD at latitude
382225.2 N, longitude 0750349.4
W, thence easterly to latitude
382200.4 N, longitude 0750234.8
381935.9 N, longitude 0750335.4
W, thence westerly to a position near
longitude 0750448.4 W, thence north-
erly along the shoreline to the point of
origin.
267
100.501 33 CFR Ch. I (7112 Edition)
8 .................. June3rd Saturday Cock Island Race .... Ports Events, Inc. .... The waters of the Elizabeth River and its
branches from shore to shore, bounded
to the northwest by a line drawn across
the Port Norfolk Reach section of the
Elizabeth River between the northern
365051.0 N, longitude 0761809.0
365100.0 N, longitude 0761752.0
end of the eastern most pier at the
Tidewater Yacht Agency Marina, lo-
cated at latitude 365029.0 N, lon-
gitude 0761752.0 W; bounded to the
south by a line drawn across the Lower
365021.5 N, longitude 0761714.5
9 .................. Junelast Saturday RRBA Spring Radar Rappahannock River The waters of the Rappahannock River,
Shootout. Boaters Associa- adjacent to Layton, VA, from shoreline
tion (RRBA). to shoreline, bounded on the west by a
line running along longitude 0765830
W, and bounded on the east by a line
running along longitude 0765600 W.
10 ................ July3rd Sunday .... Watermens Heritage Watermens Museum The waters of the York River, Yorktown,
Festival Workboat of Yorktown, VA. Virginia, bounded on the west by a line
Races. drawn along longitude 0763125 W,
bounded on the east by a line drawn
along longitude 0763055 W, bounded
on the south by the shoreline and
bounded on the north by a line drawn
parallel and 400 yards north of the
southern shoreline.
11 ................ Julylast Wednes- Pony Penning Swim Chincoteague Volun- The waters of Assateague Channel from
day and following teer Fire Depart- shoreline to shoreline, bounded to the
Friday. ment. east by a line drawn from latitude
375501 N, longitude 0752240 W,
0752246 W, and to the west by a line
drawn from latitude 375454.0 N, lon-
gitude 0752300 W, to latitude
375449 N, longitude 0752249 W.
268
12 ................ August1st Friday, Power boat race ...... East Coast Boat The waters of the Chesapeake Bay, along
Saturday and Sun- Racing Club of the shoreline adjacent to Cape Charles,
day. New Jersey. Virginia, to and including waters up to
300 yards offshore, parallel with the
Cape Charles Beach shoreline in this
area. The area is bounded on the south
by a line running northwesterly from the
Cape Charles shoreline at latitude
3716.2 N, longitude 0760128.5 W,
to a point offshore approximately 300
yards at latitude 37163.4 N, longitude
0760136.6 W, and bounded on the
north by a line running northwesterly
from the Cape Charles shoreline at lati-
0760114 W, to a point offshore ap-
proximately 300 yards at latitude
371628.9 N, longitude 0760124.1
W.
13 ................ August2nd Friday, Hampton Cup Re- Virginia Boat Racing The waters of Mill Creek, adjacent to Fort
Saturday and Sun- gatta. Association. Monroe, Hampton, Virginia, enclosed by
day. the following boundaries: To the north,
a line drawn along latitude 370100 N,
to the east a line drawn along longitude
0761830 W, to the south a line par-
allel with the shoreline adjacent to Fort
Monroe, and the west boundary is par-
allel with the Route 258Mercury Bou-
levard Bridge.
14 ................ September2nd Fri- Ocean City, MD Offshore Perform- The waters of the Atlantic Ocean com-
day and Saturday. power boat race. ance Assn. Rac- mencing at a point on the shoreline at
ing, LLC. latitude 382542 N, longitude
0750306 W; thence east southeast to
0750212 W, thence south southwest
parallel to the Ocean City shoreline to
0750348 W; thence west northwest to
longitude 0750500 W. The waters of
the Atlantic Ocean bounded by a line
drawn from a position along the shore-
line near Ocean City, MD at latitude
382225.2 N, longitude 0750349.4
W, thence easterly to latitude
382200.4 N, longitude 0750234.8
381935.9 N, longitude 0750335.4
W, thence westerly to a position near
longitude 0750448.4 W, thence north-
erly along the shoreline to the point of
origin.
15 ................ September2nd Fri- Hampton Bay Days Hampton Bay Days The waters of Sunset Creek and Hampton
day, Saturday and Festival. Inc.. River shore to shore bounded to the
Sunday. north by the C & O Railroad Bridge and
to the south by a line drawn from
Hampton River Channel Light 16 (LL
5715), located at latitude 370103.0 N,
longitude 0762026.0 W, to the finger
pier across the river at Fishermans
Wharf, located at latitude 370101.5
269
100.501 33 CFR Ch. I (7112 Edition)
16 ................ October1st Satur- Virginia Boat Racing Clarksville Hydro- The waters of the John H. Kerr Reservoir,
day and Sunday. Association. plane Challenge. adjacent to the State Route 15 Highway
Bridge and Occoneechee State Park,
Clarksville, Virginia, from shoreline to
shoreline, bounded on the south by a
line running northeasterly from a point
along the shoreline at latitude 363714
N, longitude 0783246.5 W, thence to
0783208.8 W, and bounded on the
north by the State Route 15 Highway
Bridge.
17 ................ October2nd Friday U.S. Navy Fleet U.S. Navy ................ The waters of the Elizabeth River and its
Week Celebration. branches from shore to shore, bounded
365051.0 N, longitude 0761809.0
365100.0 N, longitude 0761752.0
365021.5 N, longitude 0761714.5
18 ................ October2nd Satur- Hydroplane races .... Virginia Boat Racing Regulated area includes all waters of the
day and Sunday. Assn. Western Branch, Elizabeth River bound-
ed by a line connecting the following
points: latitude 365006 N, longitude
076 2227 W, thence to latitude
365006 N, longitude 076 2157 W,
gitude 076 2155.8 W, thence to lati-
tude 365015 N, longitude 076 2227
W, thence to point of origin.
19 ................ October2nd Sun- Poquoson Seafood City of Poquoson ..... The waters of the Back River, Poquoson,
day. Festival Workboat Virginia, bounded on the north by a line
Races. drawn along latitude 370630 N,
bounded on the south by a line drawn
along latitude 370615 N, bounded on
the east by a line drawn along longitude
0761852 W and bounded on the west
by a line drawn along longitude
0761930 W.
270
20 ................ Octoberlast Satur- Hampton Roads Windsurfing Enthu- The waters of Willoughby Bay contained
day and Sunday. Sailboard Classic. siasts of Tidewater. within the following coordinates: latitude
365836 N, longitude 0761842 W,
0761800 W, to latitude 365749 N,
365736 N, longitude 0761755 W,
0761806 W, to latitude 365815 N,
365836 N, longitude 0761842 W.
21 ................ November1st Fri- International Search U.S. Coast Guard The waters of the Southern Branch of the
day and Saturday. and Rescue Com- and Canadian Elizabeth River including the North
petition. Auxiliaries. Ferry Landing, from shoreline to shore-
line, bounded to the north by a line
drawn along Latitude 365023 N and
bounded to the south by a line drawn
along Latitude 365012 N.
22 ................ November4th or Holidays in the City Norfolk Festevents, The waters of the Elizabeth River and its
last Saturday. Ltd. branches from shore to shore, bounded
365051.0 N, longitude 0761809.0
365100.0 N, longitude 0761752.0
365021.5 N, longitude 0761714.5
23 ................ August3rd Satur- Mattaponi Drag Boat Mattaponi Volunteer All waters of Mattaponi River immediately
day and Sunday or Race. Rescue Squad adjacent to Rainbow Acres Camp-
4th Saturday and and Dive Team. ground, King and Queen County, Vir-
Sunday. ginia. The regulated area includes a
section of the Mattaponi River approxi-
mately three-quarter mile long and
bounded in width by each shoreline,
bounded to the east by a line that runs
parallel along longitude 0765243 W,
near the mouth of Mitchell Hill Creek,
and bounded to the west by a line that
runs parallel along longitude 0765341
W just north of Wakema, Virginia.
271
100.501 33 CFR Ch. I (7112 Edition)
(d.) Coast Guard Sector North CarolinaCOTP Zone
1 .................. June1st Saturday Carolina Cup Re- Virginia Boat Racing The waters of the Pasquotank River, adja-
and Sunday. gatta. Assn. cent to Elizabeth City, NC, from shore-
line to shoreline, bounded on the west
by the Elizabeth City Draw Bridge and
bounded on the east by a line origi-
nating at a point along the shoreline at
0761218 W at Cottage Point.
2 .................. August1st Friday, SBIPFountain Super Boat Inter- The waters of the Pamlico River including
Saturday and Sun- Powerboats Kilo national Produc- Chocowinity Bay, from shoreline to
day. Run and Super tions (SBIP), Inc. shoreline, bounded on the south by a
Boat Grand Prix. line running northeasterly from Camp
Hardee at latitude 352823 N, lon-
gitude 0765923 W, to Broad Creek
Point at latitude 352904 N, longitude
0765844 W, and bounded on the
north by the Norfolk Southern Railroad
Bridge.
3 .................. September3rd and Crystal Coast Super Super Boat Inter- The waters of Bogue Sound, adjacent to
or 4th or last Sun- Boat Grand Prix. national Produc- Morehead City, NC, from the southern
day. tions Inc. tip of Sugar Loaf Island approximate
position latitude 344255 N, longitude
0764248 W, thence westerly to More-
head City Channel Day beacon 7
(LLNR 38620), thence southwest along
the channel line to Bogue Sound Light
4 (LLRN 38770), thence southerly to
Causeway Channel Day beacon 2
(LLNR 38720), thence southeasterly to
Money Island Day beacon 1 (LLNR
38645), thence easterly to Eight and
One Half Marina Day beacon 2 (LLNR
38685), thence easterly to the western
most shoreline of Brant Island approxi-
mate position latitude 344236 N, lon-
gitude 0764211 W, thence northeast-
erly along the shoreline to Tombstone
Point approximate position latitude
344214 N, longitude 0764120 W,
thence southeasterly to the east end of
the pier at Coast Guard Sector North
Carolina approximate position latitude
344200 N, longitude 0764052 W,
thence easterly to Morehead City Chan-
nel Buoy 20 (LLNR 29427), thence
northerly to Beaufort Harbor Channel
LT 1BH (LLNR 34810), thence north-
westerly to the southern tip of Radio Is-
land approximate position latitude
344222 N, longitude 0764052 W,
approximate position latitude 344300
westerly to the North Carolina State
Port Facility, thence westerly along the
State Port to the southwest corner ap-
proximate position latitude 344255 N,
longitude 0764212 W, thence west-
erly to the southern tip of Sugar Loaf Is-
land the point of origin.
272
4 .................. September3rd, 4th Wilmington YMCA Wilmington, NC, The waters of, and adjacent to,
or last Saturday; Triathlon. YMCA. Wrightsville Channel, from Wrightsville
Octoberlast Sat- Channel Day beacon 14 (LLNR 28040),
urday; Novem- located at 341218 N, longitude
ber1st and or 0774810 W, to Wrightsville Channel
2nd Saturday. Day beacon 25 (LLNR 28080), located
at 341251 N, longitude 774853 W.
[USCG20110106, 77 FR 2632, Jan. 19, 2012, as amended by USCG20120071, 77 FR 14962, Mar.

14, 2012]
EFFECTIVE DATE NOTE: By USCG20120071, 77 FR 14962, Mar. 14, 2012, 100.501 was amended
in the table by suspending lines No. (b.)2, No. (b.)10, and No. (b.)11; and by adding lines (b.)20,
(b.)21, and (b.)22, effective Mar. 24, 2012 through July 15, 2012.
100.701 Special Local Regulations; vessel, a vessel in these areas shall im-
Marine Events in the Seventh Coast mediately comply with the directions
Guard District given. Failure to do so may result in
The following regulations apply to expulsion from the area, citation for
the marine events listed in Table 1 of failure to comply, or both.
this section. These regulations will be (2) The Coast Guard Patrol Com-
effective annually, for the duration of mander may terminate the event, or
each event listed in Table 1. Annual no- the operation of any vessel partici-
tice of the exact dates and times of the pating in the event, at any time it is
effective period of the regulation with deemed necessary for the protection of
respect to each event, the geographical life or property.
area, and details concerning the nature (3) Only event sponsor designated
of the event and the number of partici- participants and official patrol vessels
pants and type(s) of vessels involved are allowed to enter the regulated area.
will also be published in the local no- (4) Spectators are only allowed inside
tice to mariners and broadcast over the regulated area if they remain with-
VHF. in a designated spectator area. Spec-
(a) Definitions. The following defini- tators may contact the Coast Guard
tions apply to this section: Patrol Commander to request permis-
Patrol Commander. A Patrol Com- sion to pass through the regulated
mander is a commissioned, warrant, or area. If permission is granted, spec-
petty officer of the Coast Guard who tators must pass directly through the
has been designated by the respective regulated area at safe speed and with-
Coast Guard Sector Commander to en- out loitering.
force these regulations. (d) Contact Information. Questions
Spectators. All persons and vessels not about marine events should be ad-
registered with the event sponsor as dressed to the local Coast Guard Cap-
participants or official patrol vessels. tain of the Port for the area in which
(b) Event Patrol. The Coast Guard the event is occurring. Contact infor-
may assign an event patrol, as de- mation is listed below. For a descrip-
scribed in 100.40 of this part, to each tion of the geographical area of each
regulated event listed in the table. Ad- Captain of the Port zone, please see
ditionally, a Patrol Commander may subpart 3.35 of this chapter.
be assigned to oversee the patrol. The (1) Captain of the Port Charleston,
event patrol and Patrol Commander South Carolina: (843) 7247616.
may be contacted on VHF Channel 16. (2) Captain of the Port Savannah,
(c) Special Local Regulations. (1) The Georgia: (912) 6524353.
Coast Guard Patrol Commander may (3) Captain of the Port Jacksonville,
forbid and control the movement of all Florida: (904) 2477318.
vessels in the regulated area(s). When (4) Captain of the Port Miami, Flor-
hailed or signaled by an official patrol ida: (305) 5358701.
273
100.701 33 CFR Ch. I (7112 Edition)
(5) Captain of the Port Key West, this part apply to all events listed in
Florida: (305) 2928779. Table 1. For information on applying
(6) Captain of the Port Sector St. Pe- for a marine event, contact the Captain
tersburg, Florida: (727) 8247506. of the Port for the area in which the
(7) Captain of the Port San Juan, event will occur, at the phone numbers
Puerto Rico: (787) 2892041. listed above.
(e) Application for Marine Events. The
application requirements of 100.15 of
TABLE 1 TO SEC. 100.701
Date Event Sponsor Location
COTP Zone Miami
January1st week- Levin Memorial Re- Biscayne Bay Star Biscayne Bay, 2.3 nautical miles offshore from the Coral
end. gatta. Fleet. Bay, Florida; All waters from the surface to the bottom for
a radius of 1.7NM centered around position 25396 N,
0801330 W no closer than 500 feet from each vessel.
Fort Lauderdale Lauderdale Yacht Atlantic Ocean .5 nautical mile offshore from .5 nautical mile
Boomerang Re- Club. south of the Port Everglades Channel to 4 nautical miles
gatta. south of the Port Everglades offshore of West Lake, Port
Everglades, Florida no closer than 500 feet from each
vessel.
January3rd week- Rolex Miami Olym- U.S. Sailing & U.S. Southern Biscayne Bay inside of an area from the Ricken-
end. pic Sailing Race. Olympic Sailing backer Causeway southwest to Snapper Creek Canal
Center. south to Latitude 253200 N east to Soldier Key and
northeast to a position approximately 1 nautical mile east
of Cape Florida, northwest to Rickenbacker Causeway,
Miami, Florida no closer than 500 feet from each vessel.
February1st week- Commodore Rasco Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
end. Snipe Class Re- Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
gatta. face to the bottom for a radius of 1NM centered around
position 254142 N, 0801300 W no closer than 500
feet from each vessel.
March1st week, Bacardi Cup ........... Biscayne Bay Star All waters within 1.5 nautical miles of the following center
MondayFriday. Fleet. point: 253816 N Latitude; 0801314 W Longitude, in
southern Biscayne Bay, Miami, Florida.
March2nd week- Lightenings Coral Reef Yacht Biscayne Bay, 2.3 nautical miles offshore from the Coral
end, Saturday and Midwinters. Club. Bay, Florida; All waters from the surface to the bottom for
Sunday. a radius of 1.7NM centered around position 25396 N,
March2nd week- Don Q Rum Snipe Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
end. Class Regatta. Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
face to the bottom for a radius of 1NM centered around
March2nd week- Coral Cup ............... Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
end, Saturday and Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
Sunday. face to the bottom for a radius of 1NM centered around
position 254142 N, 0801300 W.
Marchlast week- Shake-A-Leg Mid Shake-A-Leg Foun- All waters of Biscayne Bay, from the Rickenbacker Cause-
end. Winter Regatta. dation. way south to Latitude 253200 N, Miami, Florida no
closer than 500 ft from each vessel.
April2nd or 3rd Miami to Key Largo Miami Yacht Club Biscayne Bay and Intracoastal Waterway from the Ricken-
weekend. Race. Youth Sailing backer Causeway in Miami, Florida to Key Biscayne to
Foundation. Cape Florida to Soldier Key to Sands Key to Elliot Key to
Two Stacks to Card Sound to Barnes Sound to
Blackwater Sound in Key Largo, Florida no closer than
500 feet from each vessel.
April2nd weekend Florida State Opti- Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
mists Champion- Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
ship Regatta. face to the bottom for a radius of 1NM centered around
position 254142 N, 0801300 W.
April2nd weekend, Fort Lauderdale Air/ Super Boat Inter- Atlantic Ocean offshore Fort Lauderdale, Florida within an
Saturday and Sun- Sea Show Super national Produc- area 500 yards wide 300 yards offshore from 1,500 yards
day. Boat Grand Prix. tions, Inc. north of the Port Everglades Channel north for 4 nautical
miles (600 yards north of the Oakland Park Beach Blvd).
April3rd weekend Miami Super Boat Super Boat Inter- Offshore Miami Beach, Florida, including the area within a
Grand Prix. national Produc- line joining the following points: 254618 N, 0800751
tions, Inc. W; thence to, 254618 N, 0800649 W; thence to,
255118 N, 0800612 W; thence to, 255118 N,
0800711 W; thence along the shoreline to the starting
point.
274
TABLE 1 TO SEC. 100.701Continued

Aprillast Saturday Sunfest Fireworks .. Pyro Shows, Inc ..... Intracoastal Waterway in West Palm Beach between
Banyon St and Lakeview; All waters from the surface to
the bottom for a radius of 1000ft centered around position
Ave in position 264234 N, 0800247 W.
Vero Beach Yacht Blessing of the North Fork and St Lucie River, Florida no closer than 500
Club Blessing of Fleet. feet from each vessel.
the Fleet.
April, May, and Hollywood Super Super Boat Inter- Atlantic Ocean offshore Hallandale Beach, Florida in an
June1st week- Boat Grand Prix. national Produc- area 400 yards wide approximately 200 yards offshore
end. tions, Inc. from the Hallandale Beach tank to approximately 1 nau-
tical mile south of the Dania Town Canal.
May1st weekend .. C-Gull Cup ............. Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
position 254142 N, 0801300 W.
Fort Lauderdale Air Fort Lauderdale Atlantic Ocean offshore Fort Lauderdale, Florida within an
& Sea Show. Parks and Recre- area 500 yards wide 300 yards offshore from 1,500 yards
ation. north of the Port Everglades Channel north for 4 nautical
miles (600 yards north of the Oakland Park Beach Blvd).
May3rd weekend Pompano Beach Pompano Beach 14th St Bridge to Sunrise Bay, Florida.
Power Squadron Power Squadron.
Safe Boat Parade.
Maylast weekend Goombay Regatta .. Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
July 4th .................... American Legion Add-Fire Fireworks, Biscayne Bay, approx 400 ft offshore of Legion Picnic Is-
Fourth of July. Inc.. land, Miami, Florida in approx position 255002 N,
0801024 W.
Fort Lauderdale Colonial Fireworks 12 NM offshore at Las Olas Blvd., Fort Lauderdale, Florida.
Fourth of July.
Fort Lauderdale Colonial Fireworks Intracoastal Waterway in front of the Fort Lauderdale Yacht
Yacht Club Club, Fort Lauderdale, Florida.
Fourth of July.
City of Stuart Creative Fireworks Intracoastal Waterway in front of Stuart City Hall, Stuart,
Fourth of July. Co.. Florida.
Bayfront Park Firepower Displays All waters within a 1680 foot radius around approximate po-
Fourth of July. sition 254630 N, 0801054 W, in Biscayne Bay, FL.
Coral Reef Yacht Firepower Displays 700 ft offshore from Vizcaya in Biscayne Bay, Miami, Flor-
Club Fourth of ida.
July.
Fishers Island Firepower Displays Offshore 840 ft from Fisher Island, Florida.
Fourth of July.
Miami Beach Fourth Firepower Displays 840 ft offshore from Atlantic Heights, Miami Beach, Florida.
of July.
Village of Key Bis- Firepower Displays 1500 ft offshore from Key Biscayne in Biscayne Bay, Miami,
cayne Fourth of Florida.
July.
Viscayans Fourth of Firepower Displays 700 ft offshore from Viscaya in Biscayne Bay, Miami, Flor-
July. ida.
Delray Beach Fireworks by Atlantic Ocean, 1,000 ft offshore from Delray Beach, Flor-
Fourth of July. Grucci, Inc. ida; All waters from the surface to the bottom for a radius
of 840 feet centered around position 262741 N,
0800311 W.
Boynton Beach Melrose South Py- All waters from the surface to the bottom, for 840 ft out in
Fourth of July. rotechnics. all directions from approximate position 263252 N,
0800254 W.
City of Hollywood Melrose South Py- Atlantic Ocean, 1,000 ft offshore from Hollywood, Florida;
Fourth of July. rotechnics. All waters from the surface to the bottom for a radius of
840 feet centered around position 260119 N,
0800639 W
Riviera Beach Sparktacular Fire- All waters within a 1400 foot diameter around approximate
Fourth of July. works. position 264226 N, 0800228 W.
Town of Lantana Zambelli Fireworks All waters within an 840 foot diameter in approximate posi-
Fourth of July. tion 263513 N, 0800250 W.
West Palm Beach Zambelli Fireworks All waters within a 1400 foot diameter of approximate posi-
Fourth of July. tion 264226 N, 0800228 W.
275
100.701 33 CFR Ch. I (7112 Edition)

July1st weekend .. Commodores Cup Coconut Grove Biscayne Bay, 1 mile offshore from the Coconut Grove Sail-
Regatta. Sailing Club. ing Club, Coconut Grove, Florida; All waters from the sur-
July2nd weekend Dania Beach / Hol- Super Boat Inter- Waters offshore of Hollywood Beach within an area located
lywood Super national Produc- 300 yards offshore from North Lake north to Dania Cutoff
Boat Race. tions, Inc. Canal going offshore aproximately 650 yards.
August3rd week- Conch Cup Regatta Miami Yacht Club .. Biscayne Bay from the Rickenbacker Causeway south in
end. the Intracoastal Waterway to the Cape Florida Channel,
east around Key Biscayne and north to the Miami Chan-
nel entrance, Miami, Florida no closer than 500 feet from
each vessel.
October1st week- Columbus Day Re- Columbus Day Re- Southern Biscayne Bay inside of an area from 1 nautical
end. gatta. gatta, Inc. mile south of the Rickenbacker Causeway and 1 nautical
mile east of Deering Channel southwest to Snapper
Creek Canal south to a point half between Soldier Key
and Lewis Cut west to the chain of islands south of Sol-
dier Key and north to 1 nautical mile south of Ricken-
backer Causeway, Miami, Florida.
Deerfield Beach Super Boat Inter- Atlantic Ocean within an area 500 yards wide approximately
Super Boat Na- national Produc- 500 yards offshore Deerfield Beach, FL from 2 miles
tional Champion- tions, Inc. north of Hillsboro Inlet to .5 mile south of Boca Raton
ship. Inlet.
October2nd week- Miami Kayak Chal- Cystic Fibrosis All waters of Biscayne Bay from Lummus Island Cut to the
end. lenge. Foundation. Rickenbacker Causeway, Miami, Florida.
November2nd Keely Perpetual Biscayne Bay Yacht Biscayne Bay within an area from the Dinner Key Channel
weekend, Satur- Trophy Regatta. Club. to Biscayne National Park Marker B to Cutter Channel
day and Sunday. Mark 2 to Biscayne National Park Marker C to West
Featherbead Bank Channel Marker 3 to West Feath-
erbed Bank Channel Marker 5 to Elliot Key Biscayne
National Park Anchorage, Miami, Florida no closer than
November2nd or Matheson Perpetual Biscayne Bay Yacht Biscayne Bay within an area from the Dinner Key Channel
3rd weekend. Trophy Regatta. Club. to Biscayne National Park Marker B to Cutter Channel
Mark 2 to Biscayne National Park Marker C to West
Featherbead Bank Channel Marker 3 to West Feath-
erbed Bank Channel Marker 5 to Elliot Key Biscayne
National Park Anchorage, Miami, Florida no closer than
November2nd PHRF SE Florida Coconut Grove Biscayne Bay, 2.3 nautical miles offshore from the Coral
weekend. Championship. Sailing Club. Bay, Florida; All waters from the surface to the bottom for
Viscayans Ball ....... Firepower Displays 1200 ft offshore from Virginia Key, South of Seaquarium,
Miami, Florida.
December 31st ........ Bayside New Years Add-Fire Fireworks, All waters within a 1680 foot radius around a barge in posi-
Inc. tion 254630 N, 0801054 W.
Fisher Island New Add-Fire Fireworks, 1000 ft offshore east of Fisher Island, Florida.
Years. Inc.
Hillsboro New Add-Fire Fireworks, 100 yds North of Hillsboro Inlet, Florida.
Years Fireworks. Inc.
Indian Riverside Add-Fire Fireworks, 1200 ft east of Indian Riverside Park, Jensen Beach, Flor-
Park New Years. Inc. ida.
Greater Miami New Firepower Displays 1200 ft offshore from Bayfront Park, Miami Harbor, Miami,
Years. Florida.
Viscayans New Firepower Displays 840 ft offshore from Viscaya, Miami, Florida.
Years.
December3rd Pompano Beach Pompano Beach Intracoastal Waterway in Pompano Beach, Florida, from
weekend. Boat Parade. Boat Parade Lake Santa Barbara to Hillsboro Blvd Bridge.
Committee.
December1st Commodores Cup Biscayne Bay Star Biscayne Bay, 2.3 nautical miles offshore from the Coral
weekend. Fleet. Bay, Florida; All waters from the surface to the bottom for
Kiwanis of Little Ha- Firepower Displays 1200 ft offshore from Virginia Key, South of Seaquarium,
vana Christmas. Miami, Florida.
Holiday Boat Pa- Marine Industrial Port of Palm Beach Turning Basin and the Intracoastal Wa-
rade of the Palm Association of terway extending south from Lake Worth South LT 1
Beaches. Palm Beach (LLNR 42170) to Lake Worth South Daybeacon 23 (LLNR
County. 42300).
276

Martin County Marine Industries All waters of the North and South Forks of the St Lucie
Christmas Boat Association. River in Stuart, Florida, starting on the north side of the
Parade. State Road 60 Bridge going south to Hutchinson Island
and circling back north to the State Road 60 Bridge and
ending past the City of Stuart Municipal Marina.
December2nd or Seminole Hard Winterfest, Inc ........ All waters of the Intracoastal Waterway from the Port Ever-
3rd weekend. Rock Winterfest glades turning basin to the Pompano Beach Daybeacon
Boat Parade. 74 (LLNR 47230).
December2nd Piana Cup Regatta Biscayne Bay Yacht Biscayne Bay, 2.3 nautical miles offshore from the Mathe-
weekend. Club. son Hammock County Park, Florida; All waters from the
surface to the bottom for a radius of 1.5NM centered
around position 253954 N, 0801312 W no closer
than 500 feet from each vessel.
Boynton / Delray Kiwanis Club Delray Intracoastal Waterway from marker #46 in Boynton Beach,
Beach Christmas Beach. Florida to C15 Canal in Delray Beach, Florida
Boat Parade.
St Lucie Christmas Marine Industrial All waters of the Intracoastal Waterway and Taylor Creek in
Boat Parade. Association. Fort Pierce, Florida, starting in the Fort Pierce turning
basin and inlet area going to Taylor Creek and the Intra-
coastal Waterway between the North Causeway Bridge
and the South Causeway Bridge.
Miami Outboard Miami Outboard Biscayne Bay from the Miami Outboard Club on Watson Is-
Club Christmas Club. land starting from in between the MacArthur Causeway
Boat Parade. and Palm Island heading west around Palm Island and
Hibiscus Island, heading east between Di Lido Island,
heading east around the monument, south through Meloy
Channel, west in Government Cut to Bicentennial Park,
south to the Dodge Island Bridge, south in the Intra-
coastal Waterway to Claughton Island, circling back to the
north in the Intracoastal Waterway to Watson Island,
around the Island on the north side to Miami Outboard
Club no closer than 500 feet from each vessel.
Boca Raton Holiday City of Boca Raton Moving zone in New River and Intracoastal Waterway, Fort
Boat Parade. Lauderdale, Florida; from the C15 Canal in Fort Lauder-
dale to Hillsboro Inlet with 500 feet ahead of the lead pa-
rade vessel and 500 feet astern of the last participating
parade vessel or within 50 feet on either side of the pa-
rade.
December4th Orange Bowl Youth Coral Reef Yacht Southern Biscayne Bay inside of an area from the Ricken-
weekend. Sailing Regatta. Club. backer Causeway southwest to Snapper Creek Canal
south to Latitude 2532 N east to Soldier Key and north-
west to Rickenbacker Causeway, Miami, Florida no closer
than 500 ft from each vessel.
Decemberlast Coconut Grove Coconut Grove Southern Biscayne Bay inside of an area from the Ricken-
weekend. Sailing Club Or- Sailing Club. backer Causeway southwest to Snapper Creek Canal
ange Bowl Re- south to Latitude 2532 N east to Soldier Key and north-
gatta. west to Rickenbacker Causeway, Miami, Florida no closer
than 500 ft from each vessel.
Monthlylast week- Biscayne Bay Rac- Biscayne Bay Yacht Southern Biscayne Bay inside of an area from the Ricken-
end, Saturday and ing Association Racing Associa- backer Causeway southwest to Snapper Creek Canal
Sunday. Full Moon Re- tion. south to Latitude 253200 N east to Soldier Key and
gatta. northwest to Rickenbacker Causeway, Miami, Florida no
closer than 500 ft from each vessel.
COTP Zone Key West
January 1st .............. Blessing of the Islamorada Charter From Whale Harbor Channel to Whale Harbor Bridge,
Fleet. Boat Assn. Islamorada, Florida.
January through Wreckers Cup Schooner Wharf Key West Harbor to Sand Key, Florida (Gulf of Mexico side)
Aprillast Monday Races. Bar.
or Tuesday.
January3rd week, Yachting Key West Premiere Racing, Inside the reef on either side of main ship channel, Key
MondayFriday. Race Week. Inc. West Harbor Entrance, Key West, Florida.
February1st Satur- The Bogey ............. Florida Bay Outfit- Blackwater Sound (entire sound), Key Largo, Florida.
day. ters.
Februarary1st The Bacall .............. Florida Bay Outfit- Blackwater Sound (entire sound), Key Largo, Florida.
Sunday. ters.
277
100.701 33 CFR Ch. I (7112 Edition)

April3rd weekend, Miami to Key Largo MYC Youth Sailing Biscayne Bay and Intracoastal Waterway from the Ricken-
SaturdaySunday. Sailboat Race. Foundation, Inc. backer Causeway in Miami, Florida to Key Biscayne to
Cape Florida to Soldier Key to Sands Key to Elliot Key to
Two Stacks to Card Sound to Barnes Sound to
Blackwater Sound in Key Largo, Florida no closer than
Aprillast Friday ..... Conch Republic Sponsor: Conch All waters approximately 150 yards offshore from Ocean
Navy Parade and Republic. Key Sunset Pier, Mallory Square and the Hilton Pier with-
Battle. in the Key West Harbor.
May3rd weekend Marathon Super Super Boat Inter- All waters of Knight Key Channel, encompassing both the
Boat Grand Prix. national Produc- Gulf of Mexico side and the Atlantic Ocean side of the
tions, Inc. Seven Mile Bridge.
June2nd weekend FKCC Swim around Florida Keys Com- Begin at Smathers Beach and swim the loop around the is-
Key West. munity College. land back to the start approximately 50 yards offshore,
Key West, Florida.
July3rd Weekend, The Easom Cup ..... South Eastern Caesars Creek, Everglades City, Florida.
Saturday and Sun- Ocean Racing
day. Series (SEORS).
November2nd Key West World Super Boat Inter- In the Atlantic Ocean, off the tip of Key West, on the waters
week, Wednes- Championship. national Produc- of the Key West Main Ship Channel, Key West Turning
daySunday. tions, Inc. Basin, and Key West Harbor Entrance.
Novemberfirst U.S. Wake Board Middle Keys Events Sombrero Beach, Marathon, Florida; between Sister Creek
weekend, Friday Championships. Council. and Sister Rock to approximately 500 yards offshore from
Sunday. Sombrero Beach.
December1st Boot Key Harbor Dockside Marina .... Boot Key Harbor (entire harbor), Marathon, Florida.
Thursday. Christmas Boat
Parade.
December2nd Key Colony Beach Key Colony Beach Key Colony Beach, Marathon, Florida, between Vaca Cut
Sunday. Holiday Boat Pa- Community Assn. Bridge and Long Key Bridge.
rade.
December3rd Sat- Key Largo Boat Pa- Key Largo Boat Pa- From Channel Marker 41 on Dusenbury Creek in
urday. rade. rade. Blackwater Sound to tip of Stillwright Point in Blackwater
Sound, Key Largo, Florida.
December3rd Sat- Key West Lighted Schooner Wharf All waters between Christmas Tree Island and Coast Guard
urday. Boat Parade. Bar. Station thru Key West Harbor to Mallory Square, approxi-
mately 35 yards from shore.
COTP Zone San Juan
Mayfirst Sunday ... Half Ironman Sponsor: Project St. St. Croix (Christiansted Harbor), U.S.V.I.: In the following
Triathlon. Croix, Inc. position: PT1 on the shoreline at Kings Wharf at posn
174451 N 0644216 W, thence north to PT2 at the
southwest corner of Protestant Cay in posn 174456 N,
0644212 W, then east along the shoreline to PT3 at
the southeast corner of Protestant Cay in posn 174456
N, 0644208 W, thence northeast to PT4 at Christian-
sted Harbor Channel Round Reef Northeast Junction
Lighted Buoy RR in posn 174524 N, 0644145 W,
thence southeast to PT 5 at Christiansted Schooner
Channel Lighted Buoy 5 in posn 174518 N, 0644143
W, thence south to PT6 at Christiansted Harbor Channel
Buoy 15 in posn 174456 N, 0644156 W, thence to
PT7 on the shoreline north of Fort Christiansvaem in
posn 174451 N, 0644205 W, thence west along the
shoreline to PT1.
July 4th .................... Fireworks Display .. Sponsor: St. John St. John (West of Cruz Bay/Northeast of Steven Cay),
Festival & Cul., U.S.V.I. All waters from the surface to the bottom for a ra-
Org. dius of 200 yards centered around position 1819 55 N,
06448 06 W.
July3rd week, San Juan Harbor Sponsor: Munici- San Juan Harbor, Puerto Rico PT1: La Puntilla Final, Coast
Sunday. Swim. pality of Catano. Guard Base at posn 182733 N, 0660700 W, then
south to PT2: Catano Ferry Pier at posn 182636 N,
0660700 W, then east along the Catano shoreline to
PT3: Punta Catano at posn 182640 N, 0660648 W,
then north to PT4: Pier 1 San Juan at posn 182740 N,
0660649 W, then back along the shoreline to origin at
PT1.
December 31st ........ Fireworks St. Sponsor: Mr. Victor St. Thomas (Great Bay area), U.S.V.I.; All waters from the
Thomas, Great Laurenza, surface to the bottom for a radius of 600 feet centered
Bay. Pyrotecnico, New around position 181914 N, 0645018 W.
Castle, PA.
278

December1st Christmas Boat Pa- Sponsor: St. Croix St. Croix (Christiansted Harbor), U.S.V.I.; 200 yards off-
week. rade. Christmas Boat shore around Prostestant Cay beginning in posn
Committee. 174556 N 0644216 W, around the cay and back to
the beginning position.
COTP Zone Charleston
MayMorning Slack Lowcountry Splash Logan Rutledge ..... Cooper River/Charleston Harbor, South Carolina, including
Tide on the 3rd the waters of the Wando River, Cooper River, and
and 4th Saturday. Charleston Harbor from Hobcaw Yacht Club, in approxi-
mate position 324932 N, 0795381 W, South along
the coast of Mt. Pleasant, S.C., to Charleston Harbor Ma-
rina, approximate position 324720 N, 0795464 W,
and extending out 150 yards from shore.
June2nd week ...... Beaufort Water City of Beaufort ...... Beaufort, South Carolina, between the Ladys Island swing
Festival. bridge and Spanish Point.
JuneAugustevery Shelter Cove Fire- Greenwood Devel- Shelter Cove, Hilton Head, South Carolina extending a ra-
Tuesday. works. opment Corp. dius of 600 feet from approximate position 321110 N,
0804354 W.
July 4th .................... Sea pines resort Seapines Plantation Harbortowne, Hilton Head, Calibogue Sound, South Caro-
4th of July. lina extending a radius of 600 feet from approximate posi-
tion 321110 N, 0804354 W.
Patriots Point Fire- Patriots Point ......... Charleston Harbor, South Carolina, extending a radius of
works. 1000 feet from approximate position 324701 N,
079538 W.
Skull Creek Fire- Hudson Seafood .... Skull Creek, Hilton Head, South Carolina extending a radius
works. of 1000 feet from the approximate position 321357 N,
0804506 W.
City of North City of North Cooper River, Charleston, South Carolina extending a ra-
Charleston Fire- Charleston. dius of 1000 feet from approximate position 325157 N,
works. 0795735 W.
Market Street Fire- City of Charleston .. Charleston Harbor, South Carolina extending a radius of
works. 1000 feet from center approximate position 325401 N,
0800805 W.
November2nd Head of the South Augusta Rowing Upper Savannah River MM199 to MM196, Georgia.
week. club.
December2nd Charleston Harbor City of Charleston .. Charleston Harbor, South Carolina, from Anchorage A
week. Christmas Parade through Shutes Folly, Horse Reach, Hog Island Reach,
of Boats. Town Creek Lower Reach, Ashley River, and finishing at
City Marina.
COTP Zone St. Petersburg
January3rd Satur- Gasparilla Chil- Event Makers ......... Hillsborough Bay within a 500 yard radius of the fireworks
day. drens Parade barge located in approximate position 275504 N,
Fireworks. 0822908 W.
Gasparilla Chil- Air Boss and Con- Hillsborough Bay north of an imaginary line drawn at 2755
drens Parade Air sulting. N, west of Davis Islands, and south of the Davis Island
show. Bridge.
Januarylast Satur- Gasparilla Boat Pa- YE Mystic Krewe of Tampa Bay, Florida, including all waters of Hillsborough
day. rade. Gasparilla. Bay and its tributaries north of a line drawn along latitude
275118 N. Hillsborough Cut D Channel, Sparkman
Channel, Ybor Channel, Seddon Channel and the
Hillsborough River south of the John F. Kennedy Bridge.
Marchlast Friday, Honda Grand Prix .. Honda Motor Com- Demons Landing St. Petersburg FL, All waters within 100 ft
Saturday, and pany and City of of the seawall.
Sunday. St. Petersburg.
St. Pete Grand Prix Honda Motor Com- St. Petersburg FL, within two NM of the Albert Whitted Air-
Air show. pany and City of port.
St. Petersburg.
Aprillast Sunday ... St. Anthonys St. Anthonys St. Petersburg within one NM of Spa Beach.
Triathlon. Health Care.
July 4th .................... Freedom Swim ....... None ...................... Peace River FL within two NM of the U.S. 41 Bridge
July 4th and January Ybor Fireworks Dis- Tampa Bay Attrac- Ybor Turning Basin within a 120 yard radius of the fireworks
1st. play. tions Association barge in approx. position 275629 N, 0822643 W.
or various private
entities.
Clearwater fire- City of Clearwater .. Gulf Intracoastal Waterway in the vicinity of Clearwater with-
works displays. in a 500 yard radius of the fireworks barge located in ap-
proximate position 265801 N, 0824815 W.
279
100.701 33 CFR Ch. I (7112 Edition)

Marco Island fire- City of Marco Island Gulf of Mexico in the vicinity of Marco Island within a 300
works displays. yard radius of the fireworks barge located in approximate
position 255436 N, 0814506 W.
Venice fireworks City of Venice ........ Gulf of Mexico in the vicinity of Venice Inlet within a 200
displays. yard radius of the fireworks barge located in approximate
position 270644 N, 0822809 W.
Beach House Res- Beach House Res- Gulf of Mexico in the vicinity of Bradenton Beach within a
taurant fireworks taurant. 200 yard radius of the fireworks barge located in approxi-
displays. mate position 272759 N, 0824158 W.
Ft Myers fireworks City of Ft Myers ..... Caloosahatchee River within a 300 yard radius of the fire-
displays. works barge located in approximate position 263845 N,
0815250 W.
July1st Sunday .... Suncoast Offshore Suncoast Founda- Gulf of Mexico in the vicinity of Sarasota, from New Pass to
Grand Prix. tion for the Siesta Beach out to eight NM.
Handicapped.
September3rd Fri- Homosassa Raft Citrus 95 FM radio Homosassa River Between Private Green Dayboard 81 east
day, Saturday, and Race. to private Red Dayboard 2.
Sunday.
October2nd Fri- St Petersburg City of St Peters- St Petersburg, within two NM of the Albert Whitted Airport.
day, Saturday, and Airfest. burg.
Sunday.
November3rd Ironman World City of Clearwater & Gulf of Mexico within two NM of Clearwater Beach FL.
Thursday, Friday, Championship Ironman North
and Saturday. Triathlon. America.
COTP Zone Savannah
May2nd weekend, Blessing of the Knights of Colum- Brunswick River from the start of the East branch of the
Sunday. FleetBrunswick. busBrunswick. Brunswick River (East Brunswick River) to the Golden
Isles Parkway Bridge.
May2nd or 3rd Grand Prix of Au- Champboat Series, Savannah River, Augusta, Georgia, from the U.S. Highway
weekend. gusta. LLC. 1 (Fifth Street) Bridge at mile 199.45 to Eliots Fish Camp
at mile 197.
July 4th .................... Fourth of July Fire- Savannah Water- Savannah River, Savannah Riverfront, Georgia, 500 feet
works. front Association. around fireworks launch point centered at approximate
position 320456 N, 0810502 W.
July3rd full week- Augusta Southern Augusta Southern Savannah River, Augusta, Georgia, from the U.S. Highway
end. Nationals Drag Nationals. 1 (Fifth Street) Bridge at mile 199.45 to Eliots Fish Camp
Boat Races. at mile 197.
October3rd or 4th Champboat Races Champboat Series, Savannah River, Savannah Riverfront, Georgia, Talmadge
weekend or No- of Savannah. LLC. bridge to a line drawn at 146 degrees true from dayboard
vember1st 62.
weekend.
November1st Sat- Savannah Harbor Westin Resort, Sa- Savannah River, Savannah Riverfront, Georgia, Talmadge
urday after Boat Parade of vannah. bridge to a line drawn at 146 degrees true from dayboard
Thanksgiving Day. Lights and Fire- 62.
works.
December 31st ........ New Years Eve Savannah Water- Savannah River, Savannah Riverfront, Georgia, 500 feet
Fireworks. front Association. around fireworks launch point centered at approximate
position 320456 N, 0810502 W.
Monthlyfirst Friday First Friday of the Savannah Water- Savannah River, Savannah Riverfront, Georgia, 500 feet
Month Fireworks. front Association. around fireworks launch point centered at approximate
position 320456 N, 0810502 W.
COTP Zone Jacksonville
February1st week- Clay County Super Reynolds Park Reynolds Park Yacht Club (entire club), Green Cove
end, FridayMon- Celebration. Yacht Club. Springs.
day.
Februarylast Sat- El Cheapo Sheeps- Jacksonville Off- Mayport/Jacksonville Boat Ramp; 500 feet seaward of the
urday. head Tournament. shore Sport Fish- boat ramp.
ing Club.
March1st Saturday Jacksonville Invita- Stanton Rowing Ortega River Race Course, Jacksonville; between
tional (Rowing Foundation (May Timuquana and Roosevelt Bridges.
Race). vary).
Stanton Invitational Stanton Rowing Ortega River Race Course, Jacksonville; between
(Rowing Race). Foundation. Timuquana and Roosevelt Bridges.
March or April Blessing of the City of Jacksonville St. Johns River, Downtown Jacksonville in the vicinity of
Palm Sunday. FleetJackson- Office of Special Jacksonville Landing between the Main Street Bridge and
ville. Events. Acosta Bridge.
280

Blessing of the City of St. Augus- St. Augustine Municipal Marina (entire marina).
FleetSt. Augus- tine.
tine.
April1st Full Week- Mount Dora Yacht Mount Dora Yacht Lake Dora, Mount Doran500 ft. off Grantham Point.
end, Saturday and Club Sailing Re- Club.
Sunday. gatta.
April3rd Saturday Jacksonville City Stanton Rowing Ortega River Race Course, Jacksonville; between
Championships. Foundation. Timuquana and Roosevelt Bridges.
April3rd weekend Florida Times Union The Florida Times- Sisters Creek Marina to Marker 88 on the St. Johns River.
Redfish Roundup. Union.
May1st Friday ...... Isle of Eight Flags City of Fernandina Fernandina Harbor Marina (entire marina).
Shrimp Festival Beach.
Pirate Landing
and Fireworks.
May1st Saturday .. Mug Race .............. The Rudder Club of St. Johns River; Palatka to Buckman Bridge.
Jacksonville, Inc.
May4th Friday ...... Palatka Blue Crab Palatka Blue Crab All waters within a 500-yard radius around approximate po-
Festival and Fire- Festival. sition 293837 N, 0813750 W.
works.
May4th weekend .. Memorial Day City of Green Cove All waters within a 500-yard radius around approximate po-
RiverFest. Springs. sition 295939 N, 0814033 W.
Maylast full week, Bluewater Invita- Northeast Florida There is a no-wake zone in effect from the St. Augustine
MondayFriday. tional Tour- Marlin Associa- City Marina out to the end of the St. Augustine Jettys
nament. tion. 6:00AM8:00AM and 3:00PM5:00PM during the above
days.
Maylast full week- Blue Crab Festival Downtown Palatka, St. Johns River, South of Memorial Bridge, Palatka.
end, FridaySun- Ski Shows. Inc. & Palatka
day. Blue Crab Fes-
tival, Inc.
June1st Saturday Florida Sport Fish- Florida Sport Fish- From Sunrise Marina to the end of Port Canaveral Inlet.
of. ing Association ing Association.
Offshore Fishing
Tournament.
June1st weekend, Jetty Park Ocean Fleet 45 Space Jetty Park, Port Canaveral; All waters within a 1000-yard ra-
FridaySunday. Regatta. Coast Catamaran dius around approximate position 282421 N,
Association, Inc. 0803333 W.
June2nd weekend, St. Augustine King King Buster Classic, St. Augustine Municipal Marina (entire marina).
Friday-Sunday. Buster Classic Inc.
400.
June4th Saturday Veterans Day Cele- City of New Smyrna All waters within a 500-yard radius around approximate po-
bration, Parade Beach. sition 2903N, 08055W.
and Fireworks
Display.
June4th weekend, Tournament of Nassau Sport Fish- Fernandina Harbor Marina (entire marina), Fernandina
ThursdaySatur- Champions King- ing Association. Beach.
day. fish Tournament.
June2nd weekend, Kingfish Challenge Ancient City Game There is a no-wake zone in effect from the St. Augustine
Saturday and Sun- Fish Association. City Marina out to the end of the St. Augustine Jettys
day. 6:00AM8:00AM and 3:00PM5:00PM.
July 4th .................... Cocoa 4th of July City of Cocoa ......... All waters within a 500-yard radius around approximate po-
Fireworks. sition 282022 N, 0803127 W.
Daytona Beach Daytona Beach All waters within a 500-yard radius around at approximate
Boardwalk Asso- Boardwalk Asso- position 291334 N, 0810033 W.
ciation July 4th ciation.
Fireworks.
Edgewater Fire Edgewater Fire All waters within a 500-yard radius around the pier at Ken-
Rescue Associa- Rescue Associa- nedy Memorial Park, Edgewater, FL.
tion Annual Fire- tion.
works Celebration.
Fernandina Beach City of Fernandina All waters within a 500-yard radius around approximate po-
4th of July Fire- Beach / sition 304017 N, 0812756 W.
works. Fernandina Har-
bor Marina.
Fireworks Display City of Palatka/ All waters within a 500-yard radius around approximate po-
for Independence Downtown sition 293837 N, 0813751 W.
Day Celebration Palatka.
(Palatka).
Flagler Beach July Flagler Beach All waters within a 500-yard radius around (the end of
4th Celebration Chamber of Com- Flagler Beach Pier) approximate position 292850 N,
Fireworks. merce. 0810727 W.
281
100.701 33 CFR Ch. I (7112 Edition)

Florida Yacht Club Florida Yacht Club All waters within a 500-yard radius around approximate po-
and Timuquana and Timuquana sition 301500 N, 0814117 W.
Country Club Country Club.
Fireworks Display.
Kissimmee July 4th City of Kissimmee All waters within a 500-yard radius around approximate po-
Celebration Fire- Parks and Recre- sition 281708 N, 0812408 W.
works. ation.
Kiwanis Club of St. Kiwanis Club of St. St. Marys River, St. Marys, GA; All waters within a 500-yard
Marys Annual Marys Georgia. radius around approximate position 30437 N,
Fourth of July 0813259 W.
Festival Fire-
works.
Liberty Fest4th of City of Jacksonville All waters within a 500-yard radius around approximate po-
July Celebration Beach. sition 301706 N, 0812316 W.
(Jacksonville
Beach).
Mount Dora Old Rotary Club of Lake Dora, Mount Dora500 ft. off Grantham Point.
Fashioned 4th of Mount Dora /
July Celebration. Mount Dora Fire-
fighter Associa-
tion.
Orange Park Inde- Town of Orange All waters within a 500-yard radius around approximate po-
pendence Day Park. sition 301020 N, 0814220 W.
Celebration Fire-
works.
Ormond Beach City of Ormond All waters within a 500-yard radius around approximate po-
Independence Beach. sition 2917.2N, 08102.988W.
Day Celebration
Fireworks.
Patrick Air Force Patrick Air Force All waters within a 500-yard radius around approximate po-
Base 4th of July Base. sition 281400 N, 0803700 W.
Celebration and
Fireworks.
Sanfords July 4th City of Sanford ....... All waters within a 500-yard radius around the Monroe Har-
Celebration Fire- bor Marina.
works.
St. Augustine July City of St. Augus- All waters within a 500-yard radius around approximate po-
4th Fireworks tine. sition 295350.84 N, 0811830.87 W.
Display.
July3rd Saturday .. Halifax Rowing As- Halifax Rowing As- Halifax River, Daytona, S. of Memorial BridgeEast Side.
sociation Summer sociation.
Regatta.
July3rd week ........ BellSouth Greater Jacksonville Marine All waters of the St. Johns River, from lighted buoy 10
Jacksonville King- Charities, Inc. (LLNR 2190) in approximate position 302422 N,
fish Tournament. 0812459 W to Lighted Buoy 25 (LLNR 7305).
August2nd week .. Townsend Hawkes Jacksonville Beach- 50 ft. offshore from Jacksonville Beach to Sea Turtle Inn,
Ocean Swim. es Kiwanis Club. Atlantic Beach.
December 31st ........ Jacksonville New City of Jacksonville St. Johns River; Westside of Main Street Bridge.
Years Eve Fire- Office of Special
works. Events.
St. Augustine City of St. Augus- All waters within a 500-yard radius approximate position
Beach New tine Beach. 295116 N, 0811549 W.
Years Eve Fire-
works.
December2nd Sat- St. Johns River St. Johns River St. Johns River; Whitehair Bridge, Deland to Lake
urday. Christmas Boat Christmas Boat Beresford.
Parade. Parade, Inc.
Christmas Boat Pa- Halifax River Yacht Halifax River from Seabreeze Bridge to Halifax Harbor Ma-
rade (Daytona Club. rina.
Beach / Halifax
River).
Kissimmee Holiday City of Kissimmee Kissimmee Lakefront Park; All waters within a 500-yard ra-
Extravaganza Parks and Recre- dius around approximate position 281713 N,
Fireworks. ation. 0812413 W.
[USCG20070179, 73 FR 4461, Jan. 25, 2008]
282
100.713 Annual Harborwalk Boat (b) Special local regulations. (1) No ves-
Race; Sampit River, Georgetown, sel may anchor shoreward of the shore-
SC. side boundaries of the regulated area,
(a) Definitions(1) Regulated Area. from 11 a.m. to 3 p.m. edt.
The regulated area is formed by a line (2) Spectator craft will be permitted
from: to anchor seaward of the seaside
boundaries of the regulated area, in the
3321.5 N, 07917.10 W, thence to
spectator area formed by a line drawn
3321.7 N, 07916.8 W, thence along the shore
to from the position 2926.54 N, 8158.12 W,
3321.1 N, 07916.7 W, thence to thence to position 2825.06 N, 8155.42
3321.1 N, 07916.9 W, thence back to W, thence to position 2624.45 N,
3321.5 N, 07917.10 W. 8155.50 W, thence to position 2626.54
N, 8158.30 W, thence back to position
All coordinates referenced use datum: 2926.54 N, 8158.12 W, and in the spec-
NAD 83. tator area formed by a line drawn from
(2) Coast Guard Patrol Commander. the position 2625.06 N, 8154.18 W,
The Coast Guard Patrol Commander is thence to position 2623.47 N, 8154.00
a commissioned, warrant, or petty offi- W, thence to position 2524.05 N,
cer of the United States Coast Guard 8154.47 W, thence back to position
who has been designated by the Com- 2625.06 N, 8154.18 W. All coordinates
mander, Coast Guard Sector Charles- referenced use datum: NAD 83.
ton, Charleston, South Carolina. (3) All vessel traffic, not involved
(b) Special local regulations. (1) Entry with the Fort Myers Beach Offshore
into the regulated area is prohibited to Grand Prix, exiting Matanzas Pass be-
all nonparticipants. tween 11 a.m. and 3 p.m. will exit the
(2) After the termination of the marked channel at Matanzas Pass
Harborwalk Boat Race, and during in- Channel daybeacon #3 (2625.9 N,
tervals between scheduled events, at 8258.2 W, LLNR 16365) and #4 (2626.1
the discretion of the Coast Guard Pa-
N, 8257.8 W, LLNR 16370), and shall
trol Commander all vessels may re-
proceed in a southwesterly direction
sume normal operations.
seaward of the spectator area defined
(c) Effective Dates. This section is in
in paragraph (b)(2) of this section, tak-
effect from 12 p.m. and terminates at
ing action to avoid a close-quarters sit-
5:30 p.m. EDT annually during the last
Sunday of June. uation until finally past and clear of
the racecourse. All coordinates ref-
[CGD0796015, 61 FR 29020, June 7, 1996, as erenced use datum: NAD 83.
amended by USCG200625556, 72 FR 36327, (4) All vessel traffic, not involved
July 2, 2007]
with the Fort Myers Beach Offshore
100.717 Annual Fort Myers Beach Grand Prix, exiting Big Carlos Pass be-
Offshore Grand Prix; Fort Myers, tween 11 a.m. and 3 p.m. edt will exit
FL. the pass in a southwesterly direction
seaward of the spectator area defined
(a) Regulated Area. The regulated
area is formed by a line drawn from the in paragraph (b)(2) of this section, tak-
start/finish position, at the Fort Myers ing action to avoid a close-quarters sit-
Beach pier (2628.07 N, 8158.30 W), uation with the spectator craft until fi-
thence to position 2626.08 N, 8155.29 nally past and clear of the racecourse.
W, thence to position 2624.76 N, All coordinates referenced use datum:
8154.68 W, thence to position 2623.74 NAD 83.
N, 8155.10 W, thence to position (5) Entry into the regulated area
2623.91 N, 8155.40 W, thence to posi- shall be in accordance with this regula-
tion 2624.94 N, 8155.24 W, thence to tion. Spectator vessels shall stay sea-
position 2626.93 N, 8158.53 W, thence ward of the seaside legs of the race-
to position 2627.32 N, 8158.16 W, course at all times in the spectator
thence back to the start/finish posi- areas defined in paragraph (b)(2) of this
tion, at the Fort Myers Beach pier section.
(2628.07, 8158.30 W). All coordinates (c) Effective dates: This section is ef-
referenced use datum: NAD 83. fective each day from 11 a.m. through 3
283
100.718 33 CFR Ch. I (7112 Edition)
p.m. EDT annually during the third 100.719 Annual Suncoast Offshore
Saturday and Sunday of May. Challenge; Gulf of Mexico, Sarasota,
FL.
[CGD0796005, 61 FR 28503, June 5, 1996, as
amended by CGD0797010, 62 FR 26745, May (a) Regulated area. The regulated area
15, 1997] is established by a line drawn from the
start/finish position 2719.15 N, 8235.90
100.718 Annual Suncoast Kilo Run; W, thence to position 2718.81 N,
Sarasota Bay, Sarasota, FL. 8234.90 W, thence to position 2718.21
(a) Regulated area. The regulated area N, 8234.48 W, thence to position
is established in Sarasota Bat with the 2716.43 N, 8234.99 W, thence to posi-
northwest corner point at Whale Key, tion 2715.70 N, 8234.29 W, thence to
position 272353 N, 823746 W, extend- position 2715.86 N, 8233.44 W, thence
ing to the northeast corner point at to position 2714.7310 N, 8232.37 W,
Bayshore Gardens Channel, position thence to position 2714.62 N, 8232.54
272511 N, 823545 W, extending to the W, thence to position 2714.94 N,
southeast corner point at Whitaker 8235.25 W, thence to position 2720.03
Bayou, position 272122 N, 823314 W, N, 8237.38 W, thence to position
and then to the southwest corner point 2720.32 N, 8237.16 W, thence back to
at Quick Point, position 272018 N, the start/finish position. All coordi-
823436 W. All coordinates referenced nates referenced use datum: NAD 1983.
use datum: NAD 83. (b) Special local regulations. (1) No an-
(b) Special local regulations. (1) In ac- choring will be permitted seaward of
cordance with these regulations, the the shoreside boundaries of the regu-
regulated area is designated as a no
lated area out to three nautical miles
wake zone. Spectator craft are per-
from shore, from 10 a.m. to 4 p.m. EDT,
mitted into the area, but are prohib-
annually on the first Saturday of July.
ited from entering the race course
areas described in (b)(2) of this section. (2) Anchoring for spectators will be
permitted shoreward of the shoreside
(2) Inside the no wake zone are two
designated areas surrounding the pri- boundaries of the regulated area.
mary and alternate race courses. Pri- (3) All vessel traffic, not involved
mary course A is bounded by a line with the Suncoast Offshore Challenge,
connecting the northeast corner point exiting New Pass between 11 a.m. and 4
at position 272210 N, 823609 W, a p.m. EDT shall exist at New Pass Chan-
southeast corner point at position nel daybeacon #3 (2726.46 N, 8241.7 W,
272131 N, 823537 W, a southwest cor- LLNR 18100) and #4 (2726.4 N, 8241.68
ner point at position 272127 N, W, LLNR 18105), and shall proceed in a
823548 W, and a northwest corner northerly direction shoreward of spec-
point at position 272205 N, 823616 W. tator craft taking action to avoid a
Alternate course B is bounded by a close-quarters situation until finally
line connecting the northeast corner past and clear of the racecourse. All co-
point at position 272311 N, 823431 W, ordinates referenced use datum: NAD
a southeast corner point at position 1983.
272235 N, 823403 W, a southwest cor- (4) Big Sarasota Pass will be closed
ner point at position 272231 N, to all inbound and outbound vessel
823408 W, and a northwest corner traffic, other than spectator craft,
point at position 272309 N, 823438 W. from 10 a.m. to 4 p.m. EDT.
All coordinates referenced use datum: (5) Entry into the regulated area
NAD 83. shall be in accordance with this regula-
(3) Entry into the regulated area tion. Spectator vessels shall stay clear
shall be in accordance with this regula- of race area at all times.
tion. (c) Effective date. This section is ef-
(c) Effective date. This section is effective at 10 a.m. and terminates at 4
fective at 8 a.m. and terminates at 1 p.m. EDT, annually during the first
p.m. EDT, annually during the first Saturday of July.
Friday of July.
[CGD0796008, 61 FR 32334, June 24, 1996]
[CGD0796008, 61 FR 32334, June 24, 1996]
284
100.720 Annual Suncoast Offshore 100.724 Annual Augusta Invitational

Grand Prix; Gulf of Mexico, Sara- Rowing Regatta; Savannah River,
sota, FL. Augusta, GA.
(a) Regulated area. The regulated area (a) Definitions. (1) Regulated area. The
is established by a line drawn from the regulated area is formed by a line
start/finish position 2719.15 N, 8235.90 drawn directly across the Savannah
W, thence to position 2718.91 N, River at U.S. Highway 1 (Fifth Street)
8234.90 W, thence to position 2718.81 Bridge at mile marker 199.45 and di-
N, 8234.48 W, thence to position rectly across the Savannah River at
2716.43 N, 8234.99 W, thence to posi- Eliots Fish Camp at mile marker 197.
tion 2715.70 N, 8234.29 W, thence to The regulated area includes the width
of the Savannah River between these
position 2715.86 N, 8233.44 W, thence
two lines.
to position 2714.73 N, 8232.37 W,
(2) Coast Guard Patrol Commander.
thence to position 2714.62 N, 8232.54
The Coast Guard patrol Commander is
W, thence to position 2714.93 N,
a commissioned, warrant, or petty offi-
8235.25 W, thence to position 2720.03 cer of the Coast Guard who been des-
N, 8237.38 W, thence to position ignated by the Commander, Coast
2720.32 N, 8237.16 W, thence back to Guard Sector Charleston, SC.
the start/finish position. All coordi- (b) Special local regulations. (1) Entry
nates referenced use datum: NAD 1983. into the regulated area is prohibited to
(b) Special local regulations. (1) No an- all non-participants.
choring will be permitted seaward of (2) After the termination of the Invi-
the shoreside boundaries of the regu- tational Rowing Regatta each day, and
lated area out to three nautical miles during intervals between scheduled
from shore, from 10 a.m. to 4 p.m. EDT. events, at the discretion of the Coast
(2) Anchoring for spectators will be Guard Patrol Commander, all vessels
permitted shoreward of the shoreside may resume normal operations.
boundaries of the regulated area. (c) Effective dates. This section is ef-
(3) All vessel traffic not involved fective at 7 a.m. and terminates at 5
with the Suncoast Offshore Grand Prix, p.m. local time annually, on Thursday,
exiting New Pass between 10 a.m. and 4 Friday, Saturday and Sunday of the
p.m. EDT shall exit at New Pass Chan- third weekend of March.
nel daybeacon #3 (2726.46 N, 8241.7 W, [CGD0796063, 62 FR 7937, Feb. 21, 1997, as
LLNR 18100) and #4 (2726.4 N, 8241.68 amended by USCG200625556, 72 FR 36327,
W, LLNR 18105), and shall proceed in a July 2, 2007]
northerly direction shoreward of spec-
tator craft taking action to avoid a 100.728 Special Local Regulations;
Hurricane Offshore Classic, St. Pe-
close-quarters situation until finally tersburg, FL.
past and clear of the racecourse. All co-
ordinates referenced use datum: NAD (a) Regulated area. The regulated area
83. is formed by a line drawn from position
(4) Big Sarasota Pass will be closed 2746.9 N, 08237.45 W (onshore at
North Shore Park) east southeast to
to all inbound and outbound vessel
position 2746.39 N, 08232.65 W; thence
traffic, other than spectator craft,
due south to position 2744.67 N,
from 10 a.m. to 4 p.m. EDT.
08232.65 W; thence due west to posi-
(5) Entry into the regulated area tion 2744.67 N, 08237.45 W (onshore
shall be in accordance with this regula- just south of Lassing Park). All coordi-
tion. Spectator craft will stay clear of nates referenced use Datum: NAD 83.
race area at all times. (b) Special local regulations. (1) Entry
(c) Effective date. This section is ef- into the regulated area by other than
fective at 10 a.m. and terminates at 4 event participants is prohibited unless
p.m. EDT, annually during the first authorized by the patrol commander
Sunday of July. designated by Coast Guard Sector St.
[CGD0796008, 61 FR 32335, June 24, 1996]
Petersburg, Florida.
(2) Spectator craft will be permitted
near the race area, but will be required
285
100.729 33 CFR Ch. I (7112 Edition)
to stay clear of the race lanes. Anchor- (b) Definitions. Coast Guard Patrol
ing for spectator craft is permitted Commander means a commissioned,
north of the northern straightaway and warrant, or petty officer of the Coast
south of the southern straightaway, Guard who has been designated by
but only in the designated spectator Commanding Officer, Coast Guard Sta-
area between 2746.62N, 08237.00W to tion Miami Beach.
2746.80N, 08234.72W and 2746.52N, (c) Special Local Regulations. (1) Entry
08237.00W to 2746.70N, 08234.72W for into the regulated area by non-partici-
the northern area and 2746.25N, pant persons or vessels is prohibited
08237.00W to 2745.90N, 08234.72W and unless authorized by the Coast Guard
2746.15N, 08237.00W to 2745.80N, Patrol Commander.
08234.72W for the southern area. All co- (2) At the completion of scheduled
ordinates referenced use Datum: NAD races and exhibitions, and departure of
83. No anchoring will be permitted west participants from the regulated area,
of turns 1 and 4 nor west of turns 2 and the Coast Guard Patrol Commander
3, from 10 a.m. to 6 p.m. EDT. may permit traffic to resume normal
(3) All vessel traffic, not involved in operations.
the Hurricane Offshore Classic, enter- (3) Between scheduled racing events,
ing or exiting the Vinoy Basin between the Coast Guard Patrol Commander
10 a.m. and 6 p.m. EDT must transit may permit traffic to resume normal
around the racecourse, taking action operations for a limited time.
to avoid a close-quarters situation (4) A succession of not fewer than 5
until finally past and clear of the race- short whistle or horn blasts from a
course. All vessel traffic, not involved Coast Guard patrol vessel will be the
with the Hurricane Offshore Classic,
signal for any and all vessels to take
transiting the area off Coffeepot
immediate steps to avoid collision.
Bayou, The Pier, and Bayboro Harbor
(d) Enforcement periods. This rule will
should exercise extra caution and take
action to avoid a close-quarters situa- be enforced from 10 a.m. until 5 p.m.
tion until finally past and clear of the Saturday and Sunday during the sec-
racecourse. ond weekend in October (Columbus Day
weekend).
(4) Entry into the regulated area
shall be in accordance with this sec- [CGD0704120, 69 FR 61444, Oct. 19, 2004]
tion. Spectator vessels will at all times
stay in the spectator areas defined in 100.732 Annual River Race Augusta;
paragraph (b)(2) of this section. Savannah River, Augusta GA.
(c) Effective Dates: This regulation is (a) Definitions:
effective annually at 10 a.m. and termi- (1) Regulated Area. The regulated area
nates at 6 p.m. EDT on the third Satur- is formed by a line drawn directly
day and Sunday of August. across the Savannah River at the U.S.
[CGD0797031, 62 FR 43641, Aug. 15, 1997, as Highway 1 Bridge at mile marker 199
amended by USCG200625556, 72 FR 36327, and directly across the Savannah River
July 2, 2007] at mile marker 197. The regulated area
would encompass the width of the Sa-
100.729 Columbus Day Regatta, Bis- vannah River between these two lines.
cayne Bay, Miami, FL. (2) Coast Guard Patrol Commander.
(a) Regulated area. A regulated area is The Coast Guard Patrol Commander is
established for the Columbus Day Re- a commissioned, warrant, or petty offi-
gatta, Biscayne Bay, Miami, Florida. cer of the Coast Guard who has been
The regulated area encompasses all wa- designated by the Commander, Coast
ters within the following points: Guard Sector Charleston, South Caro-
lina.
Latitude Longitude
(b) Special Local Regulations. (1) Entry
254324 N ........................... 0801230 W into the regulated area is prohibited to
254324 N ........................... 0801030 W all non-participants.
253300 N ........................... 0801130 W (2) After termination of the River
253300 N ........................... 0801554 W
Race Augusta each day, and during in-
254000 N ........................... 0801500 W
tervals between scheduled events, at
286
the discretion of the Coast Guard Pa- rine Parade. All northbound vessels in
trol Commander, all vessels may re- excess of 80 feet without prior mooring
sume normal operations. arrangements and not officially en-
(3) The Captain of the Port Charles- tered in the Gasparilla Marine Parade
ton will issue a Marine Safety Informa- must use the alternate route through
tion Broadcast Notice to Mariners to Sparkman Channel.
notify the maritime community of the (7) Vessels not officially entered in
special local regulations and the re- the Gasparilla Marine Parade may not
strictions imposed. enter the Parade staging area box
(c) Dates. These regulations become within the following coordinates:
effective annually from 7 a.m. to 5 p.m. 275353 N 0822747 W 275322 N
EDT each day, on the third Friday, 0822710 W 275236 N 0822755 W
Saturday and Sunday of May, unless 275302 N 0822831 W
otherwise specified in the notice to (c) Enforcement period. This section
mariners. will be enforced from 9 a.m. until 2:30
p.m. EST, annually on the last Satur-
[CGD0798013, 63 FR 26454, May 13, 1998, as day in the month of January.
July 2, 2007] [CGD0705156, 71 FR 76153, Dec. 20, 2006]
100.734 Annual Gasparilla Marine 100.736 Annual Fort Myers Beach air
Parade; Hillsborough Bay, Tampa, show; Fort Myers Beach, FL.
FL. (a)(1) Regulated Area. The regulated
(a) Regulated Area. A regulated area area is formed by the following coordi-
is established consisting of all waters nates; point 1: 262808 N, 815915 W
of Hillsborough Bay and its tributaries south to point 2: 262737 N, 815939 W
north of 275118 north latitude and east to point 3: 262545 N, 815534 W
south of the John F. Kennedy Bridge. north to point 4: 262614 N, 815522 W
The regulated area includes the fol- and west along the contour of the shore
lowing in their entirety: Hillsborough to point 5: 262752 N, 815804 W to
Cut D Channel, Seddon Channel, and original point 1: 262808 N, 815915 W.
the Hillsborough River south of the All coordinates referenced use datum:
John F. Kennedy Bridge. All coordi- NAD 83.
nates referenced use datum: NAD 83. (2) Air Box Area. The air box area is
(b) Special local regulations. contained within the regulated area
(1) Entrance into the regulated area and is formed by the following coordi-
is prohibited to all commercial marine nates; point 1: 262734 N, 815822 W
traffic from 9 a.m. to 2:30 p.m. EST on south to point 2: 262707 N, 815839 W
the day of the event. east to point 3: 262615 N, 815636 W
(2) The regulated area is a no wake north to point 4: 262642 N, 815622 W
zone. and west to original point 1: 262734 N,
(3) All vessels within the regulated 815822 W. All coordinates referenced
area shall stay 50 feet away from and use datum: NAD 83.
give way to all officially entered ves- (b) Special local regulations. (1) Vessels
sels in parade formation in the and persons are prohibited from enter-
Gasparilla Marine Parade. ing the air box area defined in para-
(4) When within the marked channels graph (a)(2) of this section.
of the parade route, vessels partici- (2) No vessel may anchor/moor or
pating in the Gasparilla Marine Parade transit within the regulated area de-
may not exceed the minimum speed fined in paragraph (a)(1) of this section,
necessary to maintain steerage. with the exception of vessel transit
(5) Jet skis and vessels without me- permitted in the marked channel as set
chanical propulsion are prohibited forth in paragraph (b)(3) of this section.
from the parade route. (3) Vessels entering and exiting
(6) Northbound vessels in excess of 80 Matanzas Pass Channel will be allowed
feet in length without mooring ar- to transit using the marked channel
rangements made prior to the date of only at Matanzas Pass Channel day
the event are prohibited from entering beacon #3 (262554 N, 825812 W,
Seddon Channel unless the vessel is of- LLNR 16365) and #4 (262606 N, 825748
ficially entered in the Gasparilla Ma- W, LLNR 16370) but may not linger
287
100.740 33 CFR Ch. I (7112 Edition)
within the regulated area. All coordi- to mariners. Sponsors of events listed in
nates referenced use datum: NAD 83. Table 1 of this section must submit an ap-
(c) Dates. This section will be en- plication each year in accordance with 33
forced annually on the second consecu- CFR 100.15.
tive Friday, Saturday, and Sunday of (a) The Coast Guard may patrol the
May from 8:30 a.m. until 4:30 p.m. event area under the direction of a des-
[CGD0705012, 70 FR 29197, May 20, 2005] ignated Coast Guard Patrol Com-
mander. The Patrol Commander may
100.740 Annual Offshore Super Series be contacted on Channel 16 VHF-FM
Boat Race; Fort Myers Beach, FL. (156.8 MHz) by the call sign
(a) Regulated area. (1) The regulated PATCOM.
area is formed by the following coordi- (b) All persons and vessels not reg-
nates; point 1: 262743N, 815822W istered with the sponsor as partici-
south to point 2: 262705N, 815837W pants or official patrol vessels are con-
east to point 3: 262539N, 815546W sidered spectators. The official patrol
north to point 4: 262614N, 815522W vessels consist of any Coast Guard,
and west to original point 1: 262743N, state or local law enforcement and
815822W. All coordinates referenced sponsor provided vessels assigned or
use datum: NAD 83. approved by the Commander, Eighth
(2) The spectator line is formed by Coast Guard District, to patrol the
the following coordinates; point 1: event.
262653N, 815827W east to point 2: (c) Spectator vessels desiring to tran-
262532N, 815357W. All coordinates sit the regulated area may do so only
referenced use datum: NAD 83. with prior approval of the Patrol Com-
(b) Special local regulations. (1) Non- mander and when so directed by that
participant vessels and persons are pro- officer and will be operated at a no
hibited from entering the regulated wake speed in a manner which will not
area as defined in paragraph (a)(1) of endanger participants in the event or
this section. any other craft.
(2) All vessel entering and exiting (d) No spectator shall anchor, block,
Matanzas Pass Channel shall proceed loiter, or impede the through transit of
cautiously and take early action to participants or official patrol vessels in
avoid close-quarters situations until fi- the regulated area during the effective
nally past and clear of the regulated dates and times, unless cleared for
area. entry by or through an official patrol
(3) Anchoring is only permitted sea- vessel.
ward of the spectator line as defined in (e) The Patrol Commander may for-
paragraph (a)(2) of this section. bid and control the movement of all
(c) Enforcement Dates. This section vessels in the regulated area. When
will be enforced annually from 10 a.m. hailed or signaled by an official patrol
to 5 p.m. EDT on the second consecu- vessel, a vessel shall come to an imme-
tive Saturday and Sunday of June. diate stop and comply with the direc-
[CGD 0705019, 70 FR 34659, June 15, 2005] tions given. Failure to do so may result
in expulsion from the area, citation for
100.801 Annual Marine Events in the failure to comply, or both.
Eighth Coast Guard District. (f) Any spectator vessel may anchor
The following regulations apply to outside the regulated area specified in
the marine events listed in Table 1 of Table 1 of this section, but may not an-
this section. These regulations will be chor in, block, or loiter in a navigable
effective annually, for the duration of channel.
each event listed in Table 1. Annual no- (g) The Patrol Commander may ter-
tice of the exact dates and times of the minate the event or the operation of
effective period of the regulation with any vessel at any time it is deemed
respect to each event, the geographical necessary for the protection of life or
area, and details concerning the nature property.
of the event and the number of partici- (h) The Patrol Commander will ter-
pants and type(s) of vessels involved minate enforcement of the special reg-
will also be published in local notices ulations at the conclusion of the event.
288
(i) In Table 1 to this section, where a (j) In Table 1 to this section, where
regulated area is described by reference alternative dates are described (third
to miles of a river, channel or lake, the or fourth Saturday), the exact date
regulated area includes all waters be- and times will be advertised by the
tween the indicated miles as defined by Coast Guard through Local Notices to
lines drawn perpendicular to shore Mariners and Broadcast Notices to
passing through the indicated points. Mariners.
TABLE 1 OF 100.801EIGHTH COAST GUARD DISTRICT TABLE OF ANNUAL MARINE EVENTS
Table Sector Ohio Sector Ohio Valley
Date Event/sponsor Regulated area
No. Valley location
1 ....... 1 Labor Day week- Wheeling Vintage Re- Ohio River, Wheel- Ohio River, mile marker 90.4 to
end. gatta/Wheeling Vin- ing, WV. 91.5, Wheeling, WV.
tage Race Boat Asso-
ciation.
2 ....... 2 The Saturday be- Venture Outdoors Fes- Allegheny River, Allegheny River, 0.01.0 Pitts-
fore Memorial tival/Venture Outdoors. Pittsburgh, PA. burgh, PA.
Day weekend.
3 ....... 3 One day during the Oakmont Yacht Club Re- Allegheny River, Allegheny River, mile marker
fourth week in gatta/Oakmont Yacht Oakmont, PA. 10.8 to 12.5, Oakmont, PA.
July. Club.
4 ....... 4 One day during the Pittsburgh Triathlon/Pira- Allegheny River, Allegheny River, mile marker 0.0
last two weeks in nha Sports LLC. Pittsburgh, PA. to 1.0, Pittsburgh, PA.
July or first week
of August.
5 ....... 5 The second Sun- Mountaineer Triathlon/ Monongahela Monongahela River, mile marker
day in August. Greater Morgantown River, Morgan- 101.0 to 102.0, Morgantown,
Convention and Visi- town, WV. WV.
tors Bureau.
6 ....... 6 One day in the first Head of the Ohio/Three Allegheny River, Allegheny River, mile marker 0.0
week of October. Rivers Rowing Asso- Pittsburgh, PA. to 3.5, Pittsburgh, PA.
ciation.
7 ....... 7 First Weekend in Kentucky Lake Sailing Grand Rivers, KY .. No Regulated Area, Sailing ves-
May. Club/Riddle Cup Re- sels will not impede navigation.
gatta.
8 ....... 8 First weekend in Kentucky Lake Sailing Grand Rivers, KY .. No Regulated Area, Sailing ves-
October. Club/100K Distance sels will not impede navigation.
Race.
9 ....... 9 Second Weekend Kentucky Lake Sailing Grand Rivers, KY .. No Regulated Area, Sailing ves-
in September. Club/Watkins Cup Re- sels will not impede navigation.
gatta.
10 ..... 10 Third Weekend In Paducah Summer Fes- Paducah, KY ......... The Ohio River From mile mark-
July. tival/Cross River Swim. er 934936 will be closed to all
traffic due to the hazardous
conditions associated with per-
sonnel swimming across the
Ohio River at mile marker 935.
Estimated time of restriction is
2 hours.
11 ..... 11 First weekend in Kentucky Drag Boat As- Grand Rivers KY ... No wake zone in Pisgah Bay,
June. sociation/Pisgah Bay mile marker 30 Tennessee
Boat Races. River. Zone is in a bay roughly
12 mile from navigation chan-
nel. No restrictions placed on

navigation.
12 ..... 12 Second Weekend Kentucky Drag Boat As- Grand Rivers KY ... No wake zone in Pisgah Bay,
in July. sociation/Pisgah Bay mile marker 30 Tennessee
Boat Races. River. Zone is in a bay roughly
12 mile from navigation chan-

navigation.
13 ..... 13 Last Weekend in Kentucky Drag Boat As- Grand Rivers KY ... No wake zone in Pisgah Bay,
July or First sociation/Pisgah Bay mile marker 30 Tennessee
Weekend in Au- Boat Races. River. Zone is in a bay roughly
gust. 12 mile from navigation chan-

navigation.
14 ..... 14 June through Octo- Common Wealth Yacht Grand River KY .... No Regulated Area, Sailing ves-
ber. Club/CYC Sailing Se- sels will not impede navigation.
ries.
289
100.801 33 CFR Ch. I (7112 Edition)

Continued
No. Valley location
15 ..... 15 Last Weekend in Common Wealth Yacht Grand Rivers, KY .. No Regulated Area, Sailing ves-
September. Club/Commonwealth sels will not impede navigation.
Cup Regatta.
16 ..... 16 1 dayThe last Great Steam Boat Race/ Louisville, KY ........ Bank to Bank of the Ohio River,
week of April or Kentucky Derby Fes- mile marker 597.0 to 604.3.
the first week of tival.
May.
17 ..... 17 3 days Last week- Thunder on the Ohio/ Evansville, IN ........ Bank to Bank Ohio River mile
end in June. Evansville Freedom marker 792.0 to 93.0.
Festival.
18 ..... 18 3 daysJuly 24 .. Madison Regatta/Madi- Madison, KY ......... Bank to Bank of the Ohio River
son Regatta Inc. mile marker 555.0 to 560.0.
19 ..... 19 1 dayThe 3rd Cardinal Harbour Finchville, KY ........ Bank to Bank of the Ohio River
weekend in July. Triathlon. at mile marker 589.0.
20 ..... 20 1 dayThe 1st Ducks On the Ohio/ Evansville, KY ....... Bank to Bank of the Ohio River
weekend of Au- Evansville Goodwill In- at mile marker 752.0.
gust. dustries.
21 ..... 21 1 dayThe last World Triathlon Corpora- Louisville, KY ........ Bank to Bank of the Ohio River,
weekend of Au- tion. mile marker 601.5 to 604.5.
gust.
22 ..... 22 Second Saturday in Marietta Invitational West Marietta, Muskingum River mile marker
April. Rowing Regatta. Muskingum River. 1.5 to .5.1.5 miles upriver from
the confluence of the
Muskingum and Ohio Rivers
on the Muskingum River to 1
mile downriver on the
Muskingum River.
23 ..... 23 Third or Fourth West Virginia Governors Charleston, WV, Kanawha River mile marker 59.4
Saturday in April. Cup. Kanawha River. to 61.9, downstream of Daniel
Boone Boat Ramp to 12 mile
downriver past the University
of Charleston.
24 ..... 24 Second weekend in Marietta Riverfront Roar Marietta, OH Ohio Ohio River mile marker 172.6 to
July. River. 171.6.
25 ..... 25 First weekend in Summerfest .................... Guyandotte, WV. Ohio River mile marker 305.5 to
August. Ohio River. 304.2, 12 mile up and down
river from the Proctorville
Bridge, which crosses from
Guyandotte, WV to
Proctorville, OH.
26 ..... 26 Third Weekend in Toyota Governors Cup Charleston, WV. Kanawha River mile marker 56.7
August. Kanawha River. to 57.6. From the I64 bridge
which is right below the con-
fluence of the Elk and
Kanawha Rivers to 1 mile
down river.
27 ..... 27 Second or Third Ohio Sternwheel Festival Parkersburg, WV Restricted area for the
weekend in Sep- Ohio River. sternwheel race reenactment
tember. extending from mile marker
172.4 to 170.3.2 on the Ohio
River. Safety zone for the fire-
works display, extending from
mile marker 171.5 to 172.5
(about 12 mile up and down
river from the confluence of the
Ohio and Muskingum Rivers).
(See 33 CFR 165).
28 ..... 28 First weekend in Star USA Capital City Charleston, WV Kanawha River mile marker 62.2
October. Challenge. Kanawha River. to 57.2, 12 mile upriver from
the Daniel Boone Boat Launch
downriver 12 mile past the con-
fluence of the Elk and Ohio
Rivers.
29 ..... 29 Last weekend in Waterworks half mara- Charleston, WV Kanawha River mile marker
September. thon and sprint races Kanawha River. 171.7 to 172.7. A regulated
rowing regatta. area will exist around the con-
fluence of the Muskingum and
Ohio Riversapproximately 12
mile each way.
290

Continued
No. Valley location
30 ..... 30 The 2nd weekend Clarksville Riverfest/City Clarksville, TN ....... Cumberland River mile marker
in September. of Clarksville. 125.0 to 126.0.
31 ..... 31 The 3rd weekend The Great Kiwanis Duck Chattanooga, TN .. Tennessee River mile marker
in June.. Race/Kiwanis Club of 463.0 to 464.0.
Chattanooga.
32 ..... 32 1st weekend in Rev3 Triathlon Series/ Knoxville, TN ......... Tennessee River mile marker
May. Rev3. 646.0 to 649.0.
33 ..... 33 2nd weekend in Chattanooga River Rats Chattanooga, TN .. Tennessee River mile marker
June. Open Water Swim/ 464.0 to 469.0.
Chattanooga Parks
and Recreation.
34 ..... 34 2nd weekend in Chattanooga Waterfront Chattanooga, TN .. Tennessee River mile marker
July. Triathlon/. 463.0 to 465.0.
Team Magic ...................
35 ..... 35 4th weekend in Music City Triathlon/ Nashville, TN ........ Cumberland River mile marker
July. Team Magic. 190.0 to 192.0.
36 ..... 36 3rd weekend in Au- Pro Wakeboard Tour/ Knoxville, TN ......... Tennessee River mile marker
gust. World Sports and Mar- 647.0 to 648.0.
keting.
37 ..... 37 2nd weekend in Dragon Boat and River Nashville, TN ........ Cumberland River mile marker
August. Festival/Cumberland 190.0 to 192.0.
River Compact.
38 ..... 38 3rd weekend in Great Nashville Duck Nashville, TN ........ Cumberland River mile marker
September. Race/Boys and Girls 190.0 to 192.0.
Club of Middle Ten-
nessee.
39 ..... 39 1st weekend in Oc- Chattanooga Head Chattanooga, TN .. Tennessee River mile marker
tober. Race/Lookout Rowing 464.0 to 467.0.
Club.
40 ..... 40 1st weekend in No- Head of the Hooch Row- Chattanooga, TN .. Tennessee River mile marker
vember. ing Regatta/Lookout 463.0 to 469.0.
Rowing Club.
41 ..... 41 The last weekend A Roar of Thunder/Au- Ohio River, Aurora, Ohio River mile marker 496.0 to
in August. rora Riverfront Beau- IN. 499.0, Aurora, IN.
tification Committee.
42 ..... 42 The last Saturday Ohio River Way Ohio River, Cin- Ohio River mile marker 459.5 to
in June. Paddlefest/Ohio River cinnati, OH. 471.5, Cincinnati, OH.
Way Inc.
43 ..... 43 The fourth Satur- Great Ohio River Swim/ Ohio River, Cin- Ohio River mile marker 469.7 to
day in July. Ohio River Way Inc. cinnati, OH. 470.3, Cincinnati, OH.
44 ..... 44 The fourth Sunday Cincinnati Triathlon/Tuc- Ohio River, Cin- Ohio River mile marker 469.3 to
of July. son Racing. cinnati, OH. 470.3, Cincinnati, OH.
45 ..... 45 Third Saturday in Head of the Kanawha Kanawha River ..... From mile marker 62.4, half mile
October. Rowing Regatta. up river from the Daniel Boone
public boat ramp down to mile
marker 57.4, half mile
downriver from the confluence
of the Elk River and the
Kanawha River.
Sector Sector
Upper Date Event/sponsor Upper Mississippi Regulated area
Mississippi River location
River
46 ... 1 1 dayThird Satur- Clear Lake Chapter of Quad Cities, IL ...... Upper Mississippi River mile
day in May. the ACBS/That was marker 454.0 to 456.0 (Iowa).
then, This is Now Boat
Show & Exhibition.
47 ... 2 1 dayThird Satur- Lake West Chamber of Lake of the Ozarks, Lake of the Ozarks mile marker
day in March. Commerce/St. Pat- MO. 5.0 to 10.0 (Missouri).
ricks Water Parade.
48 ... 3 1 dayThird Satur- Marine Max/Aqua Plooza Lake of the Ozarks, Lake of the Ozarks Mile marker
day in July. MO. 18.7 to 19.3 (Missouri).
49 ... 4 2 dayThird Champboat Series LLC/ Minneapolis, MN ... Upper Mississippi River mile
Weekend in July. Aquatennial Power marker 854.8 to 855.8 (Min-
Boat Grand Prix. nesota).
291
100.801 33 CFR Ch. I (7112 Edition)
Sector Sector
Upper Date Event/sponsor Upper Mississippi Regulated area
Mississippi River location
River
50 ... 5 2 dayThird week- Lake City Chamber of Lake City, MN ....... Upper Mississippi River mile
end in June. Commerce/Water Ski marker 772.4 to 772.8 (Min-
Days. nesota).
51 ... 6 2 daysFirst week River City Days Associa- Red Wing, MN ....... Upper Mississippi River mile
of August. tion/River City Days. marker 791.4 to 791.8 (Min-
nesota).
52 ... 7 2 daysSecond St. Louis Drag Boat As- New Athens, IL ...... Kaskaskia River mile marker 28.0
weekend of Sep- sociation/New Athens to 29.0 (Illinois).
tember. Drag Boat Race.
53 ... 8 2 dayThird week- Havana Chamber of Havana, IL ............. Illinois River mile marker 120.3 to
end in July. Commerce/Havana 119.7 (Illinois).
Boat Races.
54 ... 9 3 daysThird K.C. Aviation Expo & Air Kansas City, MO ... Missouri River mile marker 366.3
weekend in Au- Show/K.C. Aviation to 369.8 (Missouri).
gust. Expo & Air Show.
55 ... 10 3 days a week from Twin City River Rats Or- Twin Cities, MN ..... Upper Mississippi River mile
May 4thSep- ganization/Twin City marker 855.4 to 855.8 (Min-
tember 30th. River Rats. nesota).
Sector Sector Houston-

Houston- Date Event/sponsor Regulated area
Galveston location
Galveston
56 ... 1 A Saturday evening Yachty Gras .................... Clear Lake, TX ...... Clear Creek Channel from ap-
within the Mardi proximate position Latitude
Gras Season 293316.8 N, Longitude
(February or 0950339.6 W in Clear Lake
March). thence east/northeast in the
Clear Creek Channel to ap-
proximate position Latitude
293258.8 N, Longitude
0950030.6 W in Galveston
Bay. (NAD 83).
57 ... 2 A Saturday morning Memorial Hermann Gate- Galveston Bay, TX Galveston Bay within an area be-
in April. way to the Bay ginning at Latitude
Triathlon. 293238.02 N, Longitude
0950058.30 W thence east
to Latitude 293246.73N, Lon-
gitude 0945950.36 W, thence
south to Latitude 293236.98
N, Longitude 0945950.32 W,
thence west to 293230.86 N,
Longitude 0950056.91 W
thence along the shoreline to
the point of beginning. (NAD
83).
58 ... 3 The 1st Sunday Blessing of the Fleet ...... Clear Lake, TX ...... Clear Creek Channel from ap-
afternoon in May. proximate position Latitude
0950339.6 W in Clear Lake
thence east/northeast in the
Bay. (NAD 83).
59 ... 4 3 days during the RiverFest Power Boat Neches River, Port Adjacent to Port Neches Park
1st weekend in Races/Port Neches Neches, TX. all waters of the Neches River
May (including Chamber of Com- shoreline to shoreline south of
partial weekends). merce.. 300008 N and west of
0935600 W (NAD 83).
60 ... 5 2nd or 3rd week- SPORT Power Boat Sabine River, Or- Adjacent to the Orange, TX public
end in Sep- Races/City of Orange, ange, TX. boat rampall waters of the
tember. TX Convention/Visitors Sabine River, shoreline to
Bureau. shoreline, south of 300533 N
and north of 300545 N (NAD
83).
292
Sector Sector Houston-

Houston- Date Event/sponsor Regulated area
Galveston location
Galveston
61 ... 6 The 2nd Saturday Christmas Boat Parade Clear Lake, TX ...... Clear Creek Channel from ap-
night in Decem- on Clear Lake. proximate position Latitude
ber. 293316.8 N, Longitude
0950339.6 W in Clear Lake
thence east/northeast in the
Bay. (NAD 83).
Sector Cor- Sector Corpus

pus Christi Christi location
62 ... 1 2nd, 3rd or 4th Corpus Christi Yacht Corpus Christi Bay, All waters contained within 1-mile
Wednesday thru Club/World Kite-board- Corpus Christi, of McGee Beach where partici-
Sunday in April. ing Championship. TX. pants will race through course
markers.
63 ... 2 2nd, 3rd or 4th M.M.D. Communications Corpus Christi Ma- All waters inside the Corpus
Thursday thru Corporation/Texas rina/Corpus Christi Marina Breakwater, Cor-
Saturday in April. International Boat Christi, TX. pus Christi, TX.
Show.
64 ... 3 2nd, 3rd or 4th American Power Boat Corpus Christi Bay, All waters of the Corpus Christi
Thursday thru Association/Power Corpus Christi, Marina contained between the
Saturday in April Boat Races. TX. Peoples Street T-Head on the
OR 1st or 2nd west, the primary breakwater
Thursday thru on the east, the southern
Saturday in May. boundary running from the
southernmost tip of the Peo-
ples Street T-Head (approx
274743.4N 0972316W)
along a line running due east to
the breakwater (approx 2747
43.8N 097235.2W), and the
northern boundary line running
from the northern most tip of
the secondary breakwater
(approx 274757N 09723
21.7W) and the end of the pri-
mary breakwater (approx 27
4759.1N 097239.5W).
65 ... 4 3rd or 4th Friday- Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus
Sunday in April. Club/Port Aransas La- Corpus Christi, Christi Ship Channel and 5-
dies Regatta. TX. miles East of the Corpus Christi
Marina.
66 ... 5 2nd, 3rd or 4th Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus
Thursday-Sunday Club/Melges 24 Corpus Christi, Christi Ship Channel and 5-
in May. Championship Regatta. TX. miles East of the Corpus Christi
Marina.
67 ... 6 1st or 2nd Friday Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus
and Saturday in Club/Changes in Corpus Christi, Christi Ship Channel and 5-
June. LAttitude Regatta. TX. miles East of the Corpus Christi
Marina.
68 ... 7 1st or 2nd Saturday Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus
and Sunday in Club/Navy Regatta. Corpus Christi, Christi Ship Channel and 5-
August. TX. miles East of the Corpus Christi
Marina.
69 ... 8 3rd or 4th Wednes- Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus
day thru Satur- Club/Corpus Christi Corpus Christi, Christi Ship Channel and 5-
day in August. Race Week. TX. miles East of the Corpus Christi
Marina.
70 ... 9 3rd or 4th Friday Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus
and Saturday in Club/Bill Best Regatta. Corpus Christi, Christi Ship Channel and 5-
September. TX. miles East of the Corpus Christi
Marina.
71 ... 10 1st Saturday in De- City of Corpus Christi/ Corpus Christi Ma- All waters inside the Corpus
cember. Harbor Lights Boat Pa- rina/Corpus Christi Marina Breakwater, Cor-
rade. Christi, TX. pus Christi, TX.
72 ... 11 1st or 2nd Friday Aransas Pass Yacht Conn Brown Har- All waters contained within Conn
and Saturday in Club/Christmas Lighted bor/Aransas Brown Harbor in Aransas Pass,
December. Boat Parade. Pass, TX. TX.
293
100.801 33 CFR Ch. I (7112 Edition)
Sector Cor- Sector Corpus

pus Christi Christi location
73 ... 12 1st or 2nd Friday Padre Island Yacht Club/ Canals along the All waters along the parade route
and Saturday in La Posada Lighted North Padre Is- contained within the North
December. Boat Parade. land in Corpus Padre Island canals in Corpus
Christi, TX. Christi, TX.
74 ... 13 1st or 2nd Friday Corpus Christi Yacht Corpus Christi Bay, All waters south of the Corpus
thru Sunday in Club/Frost Bite Re- Corpus Christi, Christi Ship Channel and 5-
December. gatta. TX. miles East of the Corpus Christi
Marina.
Sector New Sector New Orle-

Orleans ans location
75 ... 1 The Monday before Riverwalk Marketplace, Mississippi River, Lower Mississippi River, Above
Mardi Gras. Lundi Gras Boat Pa- New Orleans, LA. Head of Passes, from mile
rade. marker 93 to 96, extending the
entire width of the river in the
vicinity of the Riverwalk, New
Orleans, LA.
76 ... 2 One day during the Family Fun Festival Pi- Larose, LA ............. In Bayou Lafourche, race begins
last weekend of rogue Race/Bayou at LA HWY 657 (Lat:
April. Civic Club. 293417.29 N; Long:
0902258.60 W) and ends at
the Larose Locks (Lat:
293406.20 N; Long:
0902226.50 W) Part of
Bayou Lafourche will be closed
for 30 minutes to vessel traffic
for race to occur.
77 ... 3 The 3rd Sunday in Blessing of the Shrimp Chauvin, LA ........... Starts at Bayou Petit Caillou (Lat:
April. Fleet/St. Josephs 292743.84 N; Long:
Catholic Church. 0903519.50 W) and con-
tinues to Lake Boudreaux/
Boudreaux Canal (Lat:
292330.83 N; Long:
0903813.64 W).
78 ... 4 The 1st weekend Blessing of the Fleet and Golden Meadow, Starts on Bayou Lafourche at Our
after Easter. Boat Parade/Our Lady LA. Lady of Prompt Succor Catholic
of Prompt Succor Church (Lat: 292347.25 N;
Catholic Church. Long: 0901617.72 W) to the
Parish Limits (Lat: 292509.96
N; Long: 0901712.26 W) to
the end of Golden Meadow
Business District (Lat:
292216.86 N; Long:
0901532.46 W) and returning
to starting point.
79 ... 5 The 2nd Sunday Grand Caillou Boat Dulac, LA ............... Bayou Grand Caillou, Starts
after Easter. Blessing/Holy Family 292530.98 N, 0904159.91
Church. W; to 291442.13 N,
0904403.57 W; to
292215.44 N, 0904353.84
W; and returning to starting
point.
80 ... 6 Month of July ......... Deep South Racing As- Atchafalaya River Atchafalaya River, Butte La Rose,
sociation/Battle at the at Butte La Rose, LA.
Butte. LA.
81 ... 7 Month of July or Battle of the Basin Boat Morgan City, LA .... Morgan City Port Allen Route at
August. Races, Morgan City, mile marker 4.5, Morgan City,
LA. LA.
82 ... 8 1st weekend of LA Shrimp and Petro- Morgan City, LA .... Atchafalaya River at mile marker
September. leum Festival Fleet 118.5, Morgan City, LA.
Blessing, LA Shrimp
and Petroleum Festival
and Fair Association.
294
Sector Sector Lower

Lower Date Event/sponsor Mississippi River Regulated area
Mississippi location
River
83 ... 1 The 1st or 2nd Sat- Memphis in May Canoe Lower Mississippi Regulated Area: Lower Mis-
urday in May. & Kayak Race/Outdoor River, Memphis, sissippi River, mile marker
Inc. TN. 735.5 to 738.5, Memphis, TN.
84 ... 2 Second Saturday in Phatwater Kayak Chal- Lower Mississippi Regulated Area: Lower Mis-
October. lenge/Phatwater Kayak River, Natchez, sissippi River, mile marker
Challenge Inc. MS. 363.0 to 405.0, Natchez, MS.
85 ... 3 1st of January ....... Ski Freeze/The Dream Wolf River Chute, Regulated Area: Wolf River
Factory of Memphis. Memphis, TN. Chute, mile marker 1.0 to 3.0,
Memphis, TN.
86 ... 4 3rd Saturday in BluzCruz Kayak Mara- Lower Mississippi Regulated Area: Lower Mis-
April. thon/BluzCruz Race River, Vicksburg, sissippi River, mile marker
Committee. MS. 457.4 to 437.4, Vicksburg, MS.
87 ... 5 3rd Saturday in Maria Montessori Re- Wolf River Chute, Regulated Area: Wolf River
April. gatta/Maria Montessori Memphis, TN. Chute, mile marker 1.0 to 3.0,
School. Memphis, TN.
Sector Sector Mobile loca-

Mobile tion
88 ... 1 1 Day; Fat Tuesday Mardi Gras Boat Parade/ Intracoastal Water- Intracoastal Waterway mile mark-
(Mardi Gras Day). Gulf Shores Homeport way, Orange er 155.0 to -159.0 (EHL), Starts
Marina. Beach, AL to at the Wharf Marina, Orange
Gulf Shores, AL. Beach, AL and heads west to
Homeport Marina, Gulf Shores,
AL.
89 ... 2 1 Day; 1st weekend Mobile Air Sea Rescue- Mobile River, Mo- Mobile River, half a mile down
following Fat Boat Show/Gulf Coast bile, AL. river and half a mile upriver
Tuesday. Shows. from the Mobile Convention
Center.
90 ... 3 1 Day; 1st or 2nd Battle on the Bayou/ Old Fort Bayou, Old Fort Bayou, from Gulf Hills
Saturday in Mach. South Coast Paddling Ocean Springs, Hotel to the Shed Barbeque.
Company. MS.
91 ... 4 1 Day; Mid March Rowing Competition/Uni- Black Warrior Black Warrior River between river
to Mid April. versity of South Ala- River, Tusca- mile marker 339.0 to 341.5.
bama. loosa, AL.
92 ... 5 2 Days; 3rd week- Chattahoochee Chal- Apalachicola River, Apalachicola River between mile
end in March. lenge/City of Chat- Chattahoochee, marker 104.6 and 106.0.
tahoochee. GA.
93 ... 6 1 Day; Last Satur- Blessing of the Fleet/ Saint Andrew Bay, Saint Andrew Bay, all waters ex-
day in March. Panama City Marina. Panama City, FL. tending 100 yards out from the
Panama City Marina seawall.
94 ... 7 1 Day; 2nd or 3rd USAT Triathlon/Tusca- Black Warrior Black Warrior River mile marker
weekend in April. loosa Tourism and River, Tusca- 338.5 to 339.5.
Sports Commission. loosa, AL.
95 ... 8 2 Days; Between Smokin the Sound/ Biloxi Ship Chan- Biloxi Ship Channel, Channel
the 1st week in Smokin the Sound. nel, Biloxi, MS. Marker 2 thru 35.
April to the last
week in May.
96 ... 9 2 Days; Between Smokin the Lake/Smokin Lake Gulfport, Gulf- Lake Gulfport, Bounded by the
the 1st week in the Sound. port, MS. following coordinates: Eastern
April to the last boundary; Latitude 302536
week in May. N, Longitude 089038 W to
Latitude 302526 N, Lon-
gitude 089038 W. Western
boundary; Latitude 302532
N, Longitude 0890359 W, to
Latitude 302526 N, Lon-
gitude 0890359 W.
97 ... 10 1 Day; Next to last Dauphin Island Race/ Mobile Bay, Mobile, Mobile Bay Mobile Ship Channel,
or last weekend Fairhope, Lake Forest, AL. Channel Markers 37 & 38 thru
in April. Mobile, and Buccaneer Channel Markers 49 & 50.
Yacht Clubs.
98 ... 11 1 Day; 1st or 2nd Blessing of the Fleet/St. Bayou La Batre, All of Bayou La Batre.
Sunday in May. Margarets Catholic Bayou La Batre,
Church. AL.
295
100.901 33 CFR Ch. I (7112 Edition)
Sector Sector Mobile loca-

Mobile tion
99 ... 12 2 Days; 1st week- Billy Bowlegs Pirate Fes- Santa Rosa Sound, Santa Rosa Sound, including all
end in June. tival/Greater Fort Wal- Ft. Walton waters between an eastern
ton Beach Chamber of Beach, FL. boundary represented by posi-
Commerce. tions 302422.5 N,
0863514 W; 302351.4 N,
0863514 W, and a western
boundary represented by posi-
tions 302413.5 N,
0863711 W; 302358.5 N,
0863711 W.
100 13 1 Day; 1st Sunday Blessing of the Fleet/St. Biloxi Channel, Bi- All of Biloxi Channel.
in June. Michaels Catholic loxi, MS.
Church.
101 14 4 Days; In October Thunder on the Gulf/Gulf Gulf of Mexico, Or- Gulf of Mexico for the waters off
Coast Power Boat As- ange Beach, FL. Orange Beach, AL, enclosed
sociation. by a box starting at a point on
the shore at approximately
301539 N, 0873642 W,
then south to 301454 N,
0873642 W, then east,
roughly parallel to the shore
line to 301522 N, 0873331
W, then north to a point on the
shore at approximately
301613 N, 0873331 W.
102 15 1 Day; Saturday Boat Parade of Lights/ St. Andrew Bay, St Andrew Bay, Starts at St. An-
following Thanks- City of Panama City & Panama City, FL. drews Bay Yacht Club and
giving. St. Andrews Waterfront ends at St Andrews Bay Ma-
Partnership. rina.
103 16 1 Day; 1st Saturday Christmas on the River/ Tombigbee River, Tombigbee River, from Mile 215.5
in December. Demopolis Area Demopolis, AL. to Mile 217.0.
Chamber of Com-
merce.
104 17 1 Day; 1st Saturday Christmas by the River/ Beardslee Lake & East Beardslee Lake near Hwy
in December. Moss Point Active Citi- Robertson Lake, 613 bridge to West Robertson
zens. Moss Point, MS. Lake parallel to Hwy 613, south
to the Jackson County Ski
Area.
105 18 1 Day; 1st Saturday Christmas on the Water/ Biloxi Channel, Bi- Biloxi Channel from Channel
in December. Christmas on the loxi, MS. Marker 4 to Channel Marker
Water Committee. 30.
[CGD0894019, 60 FR 10314, Feb. 24, 1995, as amended by CGD 0898018, 63 FR 70654, Dec. 22,
1998; CGD 0899066, 65 FR 46597, July 31, 2000; CGD0801012, 67 FR 8195, Feb. 22, 2002; USCG
200625556, 72 FR 36327, July 2, 2007; USCG20080386, 74 FR 22675, May 14, 2009; USCG20110286,
77 FR 12459, Mar. 1, 2012; USCG20110286, 77 FR 28766, May 16, 2012]
100.901 Great Lakes annual marine such notices, contact: Com-

events. mander(oan), Ninth Coast Guard Dis-
trict, 1240 E. Ninth St., Cleveland, OH
Permanent special local regulations
441992060. Sponsors of events listed in
are hereby established for the marine
Table 1 must still submit an application
events listed in Table 1. These regula- each year in accordance with 33 CFR
tions will be effective annually, for the 100.15.
duration of each event, on or about the (a) The Coast Guard will patrol the
dates indicated in Table 1. Annual no- regatta area under the direction of a
tice of the exact dates and times of the designated Coast Guard Patrol Com-
effective period of the regulations with mander. The Patrol Commander may
respect to each event, the geographical be contacted on Channel 16 (156.8 MHZ)
description of each regulated area, and by the call sign Coast Guard Patrol
details concerning the nature of the Commander. Vessels desiring to tran-
event and the number of participants sit the regulated area may do so only
and type(s) of vessels involved will be with prior approval of the Patrol Com-
published in local notices to mariners. mander and when so directed by that
To be placed on the mailing list for officer. Vessels will be operated at a no
296
wake speed to reduce the wake to a Flagship International Kilo Speed

minimum, and in a manner which will Challenge
not endanger participants in the event Sponsor: Presque Isle Powerboat
or any other craft. The rules contained Racing Association.
in the above two sentences shall not Date: 3rd or 4th weekend of June.
apply to participants in the event or Location: That portion of Lake Erie,
vessels of the patrol operating in the Presque Isle Bay, south of a line drawn
performance of their assigned duties. from 420854 N 0800542 W; to 4207 N
(b) The Patrol Commander may di- 08021 W will be a regulated area. That
rect the anchoring, mooring, or move- portion of Lake Erie, Presque Isle bay,
ment of any boat or vessel within the north of a line drawn from 420854 N
regatta area. A succession of sharp, 0800542 W; to 4207 N 08021 W will be
short signals by whistle or horn from a caution area. All vessels transiting
vessels patrolling the area under the the caution area will be operated at
direction of the U.S. Coast Guard Pa- bare steerageway, keeping the vessels
trol Commander shall serve as a signal wake at a minimum, and will exercise
to stop. Vessels so signaled shall stop a high degree of caution in the area.
and shall comply with the orders of the The bay entrance will not be effected.
Patrol Commander. Failure to do so Flagship International Offshore
may result in expulsion from the area, Challenge
citation for failure to comply, or both.
(c) The Patrol Commander may es- Sponsor: Presque Isle Powerboat
tablish vessel size and speed limita- Racing Association.
tions and operating conditions. Date: 3rd or 4th weekend of June.
Location: That portion of Lake Erie,
(d) The Patrol Commander may re-
Presque Isle Bay, Entrance Channel,
strict vessel operation within the re-
and the enclosed area from Erie Harbor
gatta area to vessels having particular Pier Head Light (LLNR 3430) northeast
operating characteristics. to 421248 N 0795724 W, thence south
(e) The Patrol Commander may ter- to shore just east of Shades Beach.
minate the marine event or the oper-
ation of any vessel at any time it is Friendship Festival Airshow
deemed necessary for the protection of Sponsor: Friendship Festival
life and property. Date: 4th of July holiday.
(f) Patrol Commander means a Coast Location: That portion of the Niag-
Guard commissioned, warrant, or petty ara River and Buffalo.
officer who has been designated by the Harbor from:
Captain of the Port to monitor a re-
Latitude Longitude
gatta area, permit entry into the re-
gatta area, give legally enforceable or- 4254.4 N ............... 07854.1 W, thence to
ders to persons or vessels within the re- 4254.4 N ............... 07854.4 W, thence
along the International Border to
gatta area, and take other actions au- 4252.9 N ............... 07854.9 W, thence to
thorized by the Captain of the Port. 4252.5 N ............... 07854.3 W, thence to
4252.7 N ............... 07853.9 W, thence to
4252.8 N ............... 07853.8 W, thence to
TABLE 1 4253.1 N ............... 07853.6 W, thence to
4253.2 N ............... 07853.6 W, thence to
Sector Buffalo, NY: 4253.3 N ............... 07853.7 W, thence
along the breakwall to
4254.4 N ............... 07854.1 W.
Fireworks by Grucci
Sponsor: New York Power Authority. NFBRA Red Dog Kilo Time Trials
Date: Last weekend of July.
Sponsor: Niagara Frontier Boat Rac-
Location: Lake Ontario, Wrights
ing Association.
Landing/Oswego Harbor, NY within an
Date: 4th or 5th weekend of Sep-
800 foot radius of the fireworks launch- tember.
ing platform located in approximate Location: That portion of the Niag-
position 432810 N 0763104 W. ara River, Tonawanda Channel, be-
tween Tonawanda Channel Buoy 31 to
297
100.902 33 CFR Ch. I (7112 Edition)
approximately 12 mile southwest of We Love Erie Days Fireworks

Twomile Creek along a line drawn from
Sponsor: We Love Erie Days Festival,
430045 N 0785506 W to 430028 N
Inc.
0785456 W (Sipco Oil Company).
Date: 3rd weekend of August.
Sodus Bay 4th of July Fireworks Location: That portion of Lake Erie,
Erie Harbor, within a 300 foot radius,
Sponsor: Sodus Bay Historical Soci- surrounding the Erie Sand and Gravel
ety. Pier, located in position 420816 N
Date: 4th of July holiday. 0800540 W.
Location: Lake Ontario, within a 500
Sector Sault Ste. Marie, MI:
foot radius around a barge anchored in
approximate position 4315.73 N Bridgefest Regatta
07658.23 W, in Sodus Bay.
Sponsor: Bridgefest Committee.
Tallship Erie Date: 2nd weekend of June.
Location: Keweenaw Waterway, from
Sponsor: Erie Maritime Programs, the Houghton Hancock Lift Bridge to
Inc. 1000 yards west of the bridge, near
Date: 1st or 2nd weekend of July. Houghton, MI.
Location: That portion of Lake Erie,
Presque Isle Bay Duluth Fourth Fest Fireworks
Entrance Channel and Presque Isle Sponsor: Office of the Mayor, Duluth,
Bay from: MN.
Date: 4th of July weekend.
Latitude Longitude
Location: That portion of the Duluth
4210 N .................. 08003 W, thence to Harbor Basin Northern Section bound-
4208.1 N ............... 08007 W, thence to ed on the south by a line drawn on a
4207.9 N ............... 08006.8 W, thence bearing of 087 true from the Cargill
east along the shoreline and structures to: Pier through Duluth Basin Lighted
4209.2 N ............... 08002.6 W, thence to Buoy #5 (LLNR 15905) to the opposite
4210 N .................. 08003 W.
shore on the north by the Duluth Aer-
ial Bridge. That portion of Duluth Har-
Thomas Graves Memorial Fireworks bor Basin Northern Section within 600
Display yards of position 464647 N 0920610 W.
Sponsor: Port Bay Improvement As- July 4th Fireworks
sociation.
Date: 1st or 2nd weekend of July. Sponsor: City of Sault Ste Marie, MI.
Date: 4th of July weekend.
Location: That portion of Lake On-
Location: That portion of the St.
tario, Port Bay Harbor, NY within a 500
Marys River, Sault Ste. Marie, MI
ft radius surrounding a barge anchored
within a 1000 foot radius of Brady Park,
in approximate position 431746 N
located on the south shore of the river.
0765002 W.
These waters are enclosed by the Locks
Thunder Island Offshore Challenge to the west and to the east from a line
drawn from the pier light of the east
Sponsor: Thunder on the Water Inc. center pier to the U.S. Coast Guard
Date: 3rd or 4th weekend of June. Base to the southeast.
Location: That portion of Lake On- [CGD 098801, 54 FR 29547, July 13, 1989]
tario, Oswego Harbor from the West
EDITORIAL NOTE: For FEDERAL REGISTER ci-
Pier Head Light (LLNR 2080) north to: tations affecting 100.901, see the List of CFR
Latitude Longitude
Sections Affected, which appears in the
Finding Aids section of the printed volume
432902 N ............ 0763204 W, thence to and at www.fdsys.gov.
432618 N ............ 0763930 W, thence to
432455 N ............ 0763745 W, thence 100.902 Special Local Regulations;
along the shoreline to the West Pier Head Light (LLNR 2080). Annual Bayview Mackinac Race.
.............................. (a) Regulated area. These Special
Local Regulations apply to all U.S.
298
navigable waters of the Black River, (4) If it is deemed necessary for the
St. Clair River, and lower Lake Huron, protection of life and property, the
bound by a line starting at latitude PATCOM may terminate at any time
0425847 N, longitude 082260 W; then the marine event or the operation of
easterly to latitude 0425824 N, lon- any vessel within the regulated area.
gitude 0822447 W; then northward (5) In accordance with the general
along the International Boundary to regulations in 100.35 of this part, the
latitude 043248 N, longitude 0822347 Coast Guard will patrol the regatta
W; then westerly to the shoreline at area under the direction of a des-
approximate location latitude 043248 ignated Coast Guard Patrol Com-
N, longitude 0822648 W; then south- mander (PATCOM). The PATCOM may
ward along the U.S. shoreline to lati- be contacted on Channel 16 (156.8 MHz)
tude 0425854 N, longitude 082261 W; by the call sign Coast Guard Patrol
then back to the beginning [DATUM: Commander.
NAD 83]. (6) The rules in this section shall not
(b) Enforcement period. These Special apply to vessels participating in the
Local Regulations will be enforced an- event or to government vessels patrol-
nually at the commencement of the ling the regulated area in the perform-
Bayview Mackinac Race. The enforce- ance of their assigned duties.
ment period will last approximately
EFFECTIVE DATE NOTE: By USCG20120403,
seven hours on a single day each July. 77 FR 36392, June 19, 2012, 100.902 was added,
The Coast Guard will notify the public effective July 21, 2012.
of the exact enforcement date and
times via a Notice of Enforcement pub- 100.903 Harborfest Dragon Boat
lished in the FEDERAL REGISTER. Also, Race; South Haven, MI.
the Coast Guard may use marine (a) Regulated Area. A regulated area
broadcasts, local notice to mariners, is established to include all waters of
local news media, on-scene oral notice, the Black River from approximately
and broadcasts on VHFFM marine 250 yards upriver to 200 yards
radio Channel 16 (156.8 MHZ) to notify downriver of the entrance to the South
the public of the exact dates and times Haven Municipal Marina within the
of enforcement. following coordinates starting at
(c) Special local regulations. (1) No ves- 422413.6 N, 0861641 W; then south-
sel may enter the regulated area estab- east 422412.6 N, 0861640 W; then
lished in paragraph (a) of this section northeast to 422419.2 N, 0861626.5 W;
without prior approval from the Coast then northwest to 422420.22 N,
Guards designated Patrol Commander 0861627.4 W; then back to point of ori-
(PATCOM). The PATCOM may restrict gin. (DATUM: NAD 83).
vessel operation within the regulated (b) Special Local Regulations. The
area to vessels having particular oper- regulations of 100.901 apply. No vessel
ating characteristics. may enter, transit through, or anchor
(2) Vessels permitted to enter this within the regulated area without the
regulated area must operate at a no permission of the Coast Guard Patrol
wake speed and in a manner that will Commander.
not endanger race participants or any
(c) Effective Date. These regulations
other craft.
are effective annually on the third Sat-
(3) The PATCOM may direct the an-
urday of June, from 7 a.m. until 7 p.m.
choring, mooring, or movement of any
vessel within this regulated area. A [USCG200727373, 72 FR 54834, Sept. 27, 2007]
succession of sharp, short signals by
whistle or horn from vessels patrolling 100.904 Celebrate Americafest, Green
the area under the direction of the Bay, WI.
PATCOM shall serve as a signal to (a) Regulated Area. A regulated area
stop. Vessels so signaled shall stop and is established to include all waters of
shall comply with the orders of the the Fox River located between the
PATCOM. Failure to do so may result Main Street Bridge at position 443106
in expulsion from the area, a Notice of N, 088056 W and the Walnut Street
Violation for failure to comply, or Bridge at position 443025 N, 0880106
both. W. (DATUM: NAD 83).
299
100.905 33 CFR Ch. I (7112 Edition)
(b) Special Local Regulations. The fore the first Saturday in August; 7
regulations of 100.901 apply. No vessel p.m. to 9 p.m.
may enter, transit through, or anchor [USCG200727373, 72 FR 54834, Sept. 27, 2007,
within the regulated area without the as amended by USCG20090416, 74 FR 27438,
permission of the Coast Guard Patrol June 10, 2009]
Commander.
(c) Effective Date. These regulations 100.907 Milwaukee River Challenge;
Milwaukee, WI.
are effective annually on the first
weekend of July; 2 p.m. to 5 p.m. (a) Regulated Area. All waters of the
Milwaukee River from the junction
[USCG200727373, 72 FR 54834, Sept. 27, 2007] with the Menomonee River at position
430155 N, 0875440 W to the Humboldt
100.905 Door County Triathlon; Door Avenue Bridge at position 430325 N,
County, WI.
0875353 W. (DATUM: NAD 83).
(a) Regulated Area. A regulated area (b) Special Local Regulations. The
is established to include all waters of regulations of 100.901 apply. No vessel
Green Bay within a 2000-yard radius may enter, transit through, or anchor
from the northwestern point of Horse- within the regulated area without the
shoe Point near Frank E. Murphy permission of the Coast Guard Patrol
County Park in position 450046 N, Commander.
0872030 W. (DATUM: NAD 83). (c) Effective Date. These regulations
(b) Special Local Regulations. The are effective annually on the third or
regulations of 100.901 apply. No vessel fourth Saturday of September; from 9
may enter, transit through, or anchor a.m. to 5 p.m. A Local Notice to Mari-
within the regulated area without the ners will be published and a Broadcast
Notice to Mariners will announce
permission of the Coast Guard Patrol
which date is being enforced.
Commander.
(c) Effective Date. These regulations [USCG200727373, 72 FR 54834, Sept. 27, 2007]
are effective July 22, 2007, July 26 and
100.908 Charlevoix Venetian Night
27, 2008, July 25 and 26, 2009, July 24 and Boat Parade; Charlevoix, MI.
25, 2010, July 23 and 24, 2011; from 7 a.m.
to 10 a.m. (a) Regulated Area. All waters of
Round Lake, Charlevoix, MI.
[USCG200727373, 72 FR 54834, Sept. 27, 2007] (b) Special Local Regulations. The
regulations of 100.901 apply. No vessel
100.906 Grand Haven Coast Guard may enter, transit through, or anchor
Festival Waterski Show, Grand within the regulated area without the
Haven, MI. permission of the Coast Guard Patrol
(a) Regulated Area. All waters of the Commander.
Grand River at Waterfront Stadium (c) Effective Date. These regulations
from approximately 350 yards upriver are effective annually on the fourth
to 150 yards downriver of Grand River Saturday of July; from 9 p.m. to 11
Lighted Buoy 3A (Lightlist number p.m.
19000) within the following coordinates: [USCG200727373, 72 FR 54834, Sept. 27, 2007]
4304 N, 0861412 W; then east to
430356 N, 086144 W; then south to 100.909 Chinatown Chamber of Com-
430345 N, 0861410 W; then west to merce Dragon Boat Race; Chicago,
430348 N, 0861417 W; then back to IL.
the point of origin. (DATUM: NAD 83). (a) Regulated Area. All waters of the
(b) Special Local Regulations. The South Branch of the Chicago River
regulations of 100.901 apply. No vessel from the 18th Street Bridge at position
may enter, transit through, or anchor 415128 N, 0873806 W to the Amtrak
within the regulated area without the Bridge at position 415120 N, 0873813
permission of the Coast Guard Patrol W. (DATUM: NAD 83).
(b) Special Local Regulations. The
Commander.
regulations of 100.901 apply. No vessel
(c) Effective Date. These regulations
may enter, transit through, or anchor
are effective annually the Tuesday be- within the regulated area without the
300
permission of the Coast Guard Patrol permission of the Coast Guard Patrol
Commander. Commander.
(c) Effective Date. These regulations (c) Enforcement Period: Two days dur-
are effective annually on the third Fri- ing the second week in August. The
day of July from 11:30 a.m. to 5 p.m. exact dates and times for this event
and on the third Saturday of July from will be determined annually.
9 a.m. to 5 p.m.
[USCG20080220, 73 FR 41263, July 18, 2008]
[USCG200727373, 72 FR 54835, Sept. 27, 2007]
100.912 Detroit Belle Isle Grand Prix,
100.910 Southland Regatta; Blue Is- Detroit, MI.
land, IL.
(a) Regulated Area. A regulated area
(a) Regulated Area. A regulated area is established to include all waters of
is established to include all waters of the Detroit River near Belle Isle,
the Calumet Sag Channel from the bounded by a line extending from a
South Halstead Street Bridge at point of land on the southern shore of
413927 N, 0873829 W; to the Crawford Belle Isle located at position 422000
Avenue Bridge at 413905 N, 0874308 N; 0825945 W, to 50 yards offshore at
W; and the Little Calumet River from position 421957; 08259 43, and con-
the Ashland Avenue Bridge at 413907
tinuing at a distance of 50 yards around
N, 0873938 W; to the junction of the
the western end of Belle Isle to the
Calumet Sag Channel. (DATUM: NAD
Belle Isle Bridge, maintaining a con-
83).
stant distance of 50 yards from the
(b) Special Local Regulations. The reg-
shoreline and terminating at position
ulations of 100.901 apply. No vessel
422028; 0825943 on the northern side
of Belle Isle, adjacent to a point on
within the regulated area without the
land at position 422024 N; 0825948 W
(NAD 83). This area wraps around the
Commander.
downstream end of Belle Isle.
(c) Enforcement Period. This section
will be enforced annually on the Satur- (b) Special Local Regulations. The reg-
day immediately prior to the first Sun- ulations of 100.901 apply. No vessel
day of November, from 3 p.m. until 5 may enter, transit through, or anchor
p.m. and the first Sunday of November, within the regulated area without the
from 9 a.m. until 5 p.m. permission of the Coast Guard Patrol
Commander.
[USCG20080031, 73 FR 39235, July 9, 2008] (c) Enforcement Period: The last week-
end in August. The exact dates and
100.911 Bay City Airshow, Bay City,
MI. times for this event will be determined
annually.
is established to include all waters of [USCG20080220, 73 FR 41263, July 18, 2008]
the Saginaw River bound on the south
by a line extending from a point of land 100.913 ACORA Garwood Classic Off-
on the western shore at position 4332.2 shore Race, Algonac, MI.
N; 08353.3 W, east to a point of land on (a) Regulated Area. A regulated area
the eastern shore located at position is established to include all waters of
4332.2 N; 08353.2 W, and bounded on St. Clair Rivers North Channel,
the north by a line extending from a Algonac, Michigan, bounded by a
point of land on the western shore at north/south line beginning at a point of
position 4333.4 N; 08354.5 W, east to a land adjacent to Allen Boats, Algonac,
point of land on the eastern shore lo- MI (position 423705 N, 0823334 W) ex-
cated at position 4333.4 N; 08354.3 W. tending to a point of land on Harsens
(NAD 83). This area is south of Middle Island (position 423649 N, 0823334 W)
Ground Island near Clements Munic- extending east along the shoreline of
ipal Airport. Harsens Island to north/south line be-
(b) Special Local Regulations. The reg- ginning at position 423716 N, 0823111
ulations of 100.901 apply. No vessel W (approx. 500 ft west of the Russell Is-
may enter, transit through, or anchor land buoy) extending north to a point
within the regulated area without the at position 423728 N, 0823111 W
301
100.914 33 CFR Ch. I (7112 Edition)
(approx. 300 ft offshore from the Rus- the west; and the international bound-
sell Boat Club), then west along the ary line on the east (NAD 83).
shoreline of Algonac, MI stopping at (b) Special Local Regulations. The reg-
the point of origin. (NAD 83). ulations of 100.901 apply. No vessel
(b) Special Local Regulations. The reg- may enter, transit through, or anchor
ulations of 100.901 apply. No vessel within the regulated area without the
may enter, transit through, or anchor permission of the Coast Guard Patrol
within the regulated area without the Commander.
permission of the Coast Guard Patrol (c) Enforcement Period: The last week
Commander. in July. The exact dates and times for
(c) Enforcement Period: The first this event will be determined annually.
weekend in August. The exact dates
and times for this event will be deter- [USCG20080220, 73 FR 41264, July 18, 2008]
mined annually.
100.916 Chris Craft Silver Cup Races,
[USCG20080220, 73 FR 41263, July 18, 2008] Algonac, MI.
100.914 Trenton Rotary Roar on the (a) Regulated Area. A regulated area
River, Trenton, MI. is established to include all waters of
the St. Clair River, North Channel,
Algonac, Michigan, bounded on the
is established to include all waters of
north by a line starting at the northern
the Detroit River, Trenton, Michigan,
end of Russell Island at position 4237.0
bounded by an east/west line beginning
N; 08231.4 W extending across the
at a point of land at the northern end
of Elizabeth Park in Trenton, MI, lo- channel to Algonac to a point at posi-
cated at position 428.2 N; 08310.6 W, tion 4237.4 N; 08231.5 W, and bounded
extending east to a point near the cen- on the south by a line starting north of
ter of the Trenton Channel located at Grande Point Cut on Russell Island at
position 428.2 N; 08310.4 W, extending position 4236.3 N; 08232.5 W extending
south along a north/south line to a across the channel to Algonac to a
point at the Grosse Ile Parkway Bridge point at position 4236.5 N; 08232.6 W.
located at position 427.7 N; 08310.5 W, (NAD 83).
extending west along a line bordering (b) Special Local Regulations. The reg-
the Grosse Ile Parkway Bridge to a ulations of 100.901 apply. No vessel
point on land located at position 427.7 may enter, transit through, or anchor
N; 08310.7 W, and along the shoreline within the regulated area without the
to the point of origin. (NAD 83). This permission of the Coast Guard Patrol
area is in the Trenton Channel between Commander.
Trenton and Grosse Isle, MI. (c) Enforcement Period: The third
(b) Special Local Regulations. The reg- week in August. The exact dates and
ulations of 100.901 apply. No vessel times for this event will be determined
may enter, transit through, or anchor annually.
within the regulated area without the [USCG20080220, 73 FR 41264, July 18, 2008, as
permission of the Coast Guard Patrol amended by USCG20120306, 77 FR 37313,
Commander. June 21, 2012]
(c) Enforcement Period: The third
week in July. The exact dates and 100.917 The Old Club Cannonade,
times for this event will be determined Harsens Island, MI.
annually. (a) Regulated Area. A regulated area
[USCG20080220, 73 FR 41263, July 18, 2008] is established to include all waters of
Lake St. Clair in an area bound by the
100.915 St. Clair River Classic Off- coordinates starting at the cannon fir-
shore Race, St. Clair, MI. ing position located at 4232.5 N;
(a) Regulated Area. A regulated area 08240.1 W extending west to the Old
is established to include all waters of Channel Light located at position
the St. Clair River, St. Clair, Michigan, 4232.5 N; 08241.6 W angling northeast
bounded by latitude 425200 N to the to position 4233.5 N; 08240.6 W then
north; latitude 424900 N to the south; angling southeast to the point of origin
the shoreline of the St. Clair River on creating a triangle shaped safety zone.
302
(NAD 83). This area is near the south- and times for this event will be deter-
ern end of Harsens Island in mined annually.
Muscamoot Bay.
[USCG20080220, 73 FR 41264, July 18, 2008]
ulations of 100.901 apply. No vessel 100.920 Tug Across the River, De-
may enter, transit through, or anchor troit, MI.
permission of the Coast Guard Patrol (a) Regulated Area. A regulated area
Commander. is established to include all waters of
(c) Enforcement Period: The third the Detroit River, Detroit, Michigan,
week in October. The exact dates and bounded on the south by the Inter-
times for this event will be determined national boundary, on the west by
annually. 08303 W, on the east by 08302 W, and
on the north by the U.S. shoreline
[USCG20080220, 73 FR 41264, July 18, 2008] (DATUM: NAD 83). This position is lo-
cated on the Detroit River in front of
100.918 Detroit APBA Gold Cup, De-
troit, MI. Hart Plaza, Detroit, MI.
(a) Regulated Area. A regulated area ulations of 100.901 apply. No vessel
is established to include all waters of may enter, transit through, or anchor
the Detroit River, Belle Isle, Michigan, within the regulated area without the
bound on the west by the Belle Isle permission of the Coast Guard Patrol
Bridge (position 422020 N, 0830000 W Commander.
to 422024 N, 0835945 W), and on the (c) Enforcement Period: The third or
east by a north-south line drawn fourth week in June. The exact dates
through Waterworks Intake Crib Light
and times for this event will be deter-
(Light List Number 8350; position
mined annually.
422106 N, 0825800 W) (NAD 83).
(d) Vessel operators desiring to enter
or operate within the regulated area
ulations of 100.901 apply. No vessel
shall contact the Coast Guard Patrol
Commander to obtain permission to do
so. Vessel operators given permission
Commander. to enter or operate in the regulated
(c) Enforcement Period. The first or area must comply with all directions
second week in July. The exact dates given to them by the Coast Guard Pa-
and times for this event will be deter- trol Commander.
mined annually. [USCG20080220, 73 FR 41264, July 18, 2008]
[USCG20080220, 73 FR 41264, July 18, 2008, as
100.1101 Southern California annual
July 6, 2011]
marine events for the San Diego
Captain of the Port Zone.
100.919 International Bay City River (a) General. Special local regulations
Roar, Bay City, MI. are established for the events listed in
(a) Regulated Area. A regulated area Table 1 of this section. Notice of imple-
is established to include all waters of mentation of these special local regula-
the Saginaw River bounded on the tions will be made by publication in
north by the Liberty Bridge, located at the FEDERAL REGISTER 30 days prior to
4336.3 N, 08353.4 W, and bounded on the event for those events without spe-
the south by the Veterans Memorial cific dates. In all cases, further infor-
Bridge, located at 4335.8 N, 08353.6 W. mation on exact dates, times, and
(NAD 83). other details concerning the number
(b) Special Local Regulations. The reg- and type of participants and an exact
ulations of 100.901 apply. No vessel geographical description of the areas
may enter, transit through, or anchor are published by the Eleventh Coast
within the regulated area without the Guard District in the Local Notice to
permission of the Coast Guard Patrol Mariners at least 20 days prior to each
Commander. event. Note: Sponsors of events listed in
(c) Enforcement Period: The third or Table 1 of this section must submit an
fourth week in June. The exact dates application each year as required by 33
303
100.1101 33 CFR Ch. I (7112 Edition)
CFR Part 100 to the cognizant Coast all applicable effective dates and times
Guard Sector Commander no less than shall come to an immediate stop.
60 days before the start of the proposed (3) The Patrol Commander
event. Sponsors are informed that (PATCOM) is empowered to forbid and
ample lead time is required to inform control the movement of all vessels in
all Federal, state, local agencies, and/ the regulated area. The Patrol Com-
or other interested parties and to pro- mander shall be designated by the cog-
vide the sponsor the best support to en- nizant Coast Guard Sector Commander;
sure the safety of life and property. will be a U.S. Coast Guard commis-
(b) Special local regulations. All per- sioned officer, warrant officer, or petty
sons and vessels not registered with officer to act as the Sector Com-
the sponsor as participants or as offi-
manders official representative. As the
cial patrol vessels are considered spec-
Sector Commanders representative,
tators. The official patrol consists of
the PATCOM may terminate the event
any Coast Guard or other vessels as-
signed or approved by the cognizant any time it is deemed necessary for the
Coast Guard Sector Commander to pa- protection of life and property.
trol each event. PATCOM may be reached on VHFFM
(1) No spectator shall anchor, block, Channel 13 (156.65 MHz) or 16 (156.8
loiter, nor impede the through transit MHz) when required, by the call sign
of participants or official patrol vessels PATCOM.
in the regulated areas during all appli- (4) The Patrol Commander may, upon
cable effective dates and times unless request, allow the transit of vessels
cleared to do so by or through an offi- through regulated areas when it is safe
cial patrol vessel. to do so.
(2) When hailed and/or signaled by an (5) The Coast Guard may be assisted
official patrol vessel, any spectator lo- by other Federal, state, or local agen-
cated within a regulated area during cies.
TABLE 1 TO 100.1101
[All coordinates referenced use datum NAD 83]
1. San Diego Fall Classic
Sponsor ............................................ San Diego Rowing Club.

Event Description ............................. Competitive rowing race.
Date .................................................. Sunday in November
Location ............................................ Mission Bay, CA.
Regulated Area ................................. The waters of Mission Bay to include South Pacific Passage, Fiesta
Bay, and the waters around Vacation Isle.
2. California Half Ironman Triathlon
Sponsor ............................................ North America Sport, Inc.

Event Description ............................. Swimming Portion of Triathlon Race.
Date .................................................. Saturday in late March or early April.
Location ............................................ Oceanside, CA.
Regulated Area ................................. The waters of Oceanside Harbor, CA, including the entrance channel.
3. San Diego Crew Classic
Sponsor ............................................ San Diego Crew Classic.

Event Description ............................. Competitive rowing race.
Date .................................................. First Saturday and Sunday in April.
Location ............................................ The Mission Bay Park area of San Diego, CA.
Regulated Area ................................. Mission Bay, the portion known as Fiesta Bay.
4. Dutch Shoe Regatta
Sponsor ............................................ San Diego Yacht Club.

Event Description ............................. Sailboat Race.
Date .................................................. Friday in late July.
Location ............................................ San Diego, CA.
304
TABLE 1 TO 100.1101Continued
Regulated Area ................................. The waters of San Diego Bay, CA, from Shelter Island to Glorietta Bay.
5. San Diego Parade of Lights
Sponsor ............................................ Greater Shelter Island Association.

Event Description ............................. Boat Parade.
Date .................................................. December.
Location ............................................ San Diego Harbor.
Regulated Area ................................. The northern portion of the San Diego Main Ship Channel from Sea-
port Village to the Shelter Island Basin.
6. Mission Bay Parade of Lights
Sponsor ............................................ Mission Bay Yacht Club.

Event Description ............................. Boat Parade.
Date .................................................. December.
Location ............................................ San Diego, CA.
Regulated Area ................................. Mission Bay, the Main Entrance Channel, Sail Bay, and Fiesta Bay.
[USCG20090558, 76 FR 53331, Aug. 26, 2011]
100.1102 Annual marine events on all Federal, state, local agencies, and/
the Colorado River, between Davis or other interested parties and to pro-
Dam (Bullhead City, Arizona) and vide the sponsor the best support to en-
Headgate Dam (Parker, Arizona) sure the safety of life and property. A
within the San Diego Captain of the Coast Guard-National Park Service
Port Zone. agreement exists for both the Glen
(a) General. Special local regulations Canyon and Lake Mead National Rec-
are established for the events listed in reational Areas; applicants shall con-
Table 1 of this section. Notice of imple- tact the cognizant authority for ap-
mentation of these special local regula- proval of events in these areas.
tions will be made by publication in (b) Special local regulations. All per-
the FEDERAL REGISTER 30 days prior to sons and vessels not registered with
the event for those events without spe- the sponsor as participants or as offi-
cific dates or by Notice to Mariners 20 cial patrol vessels are considered spec-
Days prior to the event for those tators. The official patrol consists of
events listing a period for which a firm any Coast Guard, other Federal, state
date is identifiable. In all cases, fur- or local law enforcement, and any pub-
ther information on exact dates, times, lic or sponsor-provided vessels assigned
and other details concerning the num- or approved by the cognizant Coast
ber and type of participants and an Guard Sector Commander to patrol
exact geographical description of the each event.
areas are published by the Eleventh (1) No spectator shall anchor, block,
Coast Guard District in the Local No- loiter, nor impede the through transit
tice to Mariners at least 20 days prior of participants or official patrol vessels
to each event. To be placed on the in the regulated areas during all appli-
mailing list for Local Notice to Mari- cable effective dates and times unless
ners contact: Commander (dpw), Elev- cleared to do so by or through an offi-
enth Coast Guard District, Coast Guard cial patrol vessel.
Island, Building 502, Alameda, CA (2) When hailed and/or signaled by an
945015100. Note: Sponsors of events list- official patrol vessel, any spectator lo-
ed in Table 1 of this section must sub- cated within a regulated area during
mit an application each year as re- all applicable effective dates and times
quired by 33 CFR part 100, subpart A, to shall come to an immediate stop.
the cognizant Coast Guard Sector Com- (3) The Patrol Commander
mander. Sponsors are informed that (PATCOM) is empowered to forbid and
ample lead time is required to inform control the movement of all vessels in
305
100.1102 33 CFR Ch. I (7112 Edition)
the regulated area. The Patrol Com- PATCOM may be reached on VHFFM
mander shall be designated by the cog- Channel 13 (156.65MHz) or 16 (156.8MHz)
nizant Coast Guard Sector Commander; when required, by the call sign
will be a U.S. Coast Guard commis- PATCOM.
sioned officer, warrant officer, or petty (4) The Patrol Commander may, upon
officer to act as the Sector Com- request, allow the transit of vessels
manders official representative. As the through regulated areas when it is safe
Sector Commanders representative, to do so.
the PATCOM may terminate the event (5) The Coast Guard may be assisted
any time it is deemed necessary for the by other Federal, state, or local agen-
protection of life and property. cies.
TABLE 1 TO 100.1102
1. Lake Havasu Winter Heat Water-Ski Race
Sponsor .............................. National Water-ski Racing Association.

Event Description ............... Water-ski races.
Date .................................... Saturday and Sunday in February.
Location .............................. Lake Havasu, AZ.
Regulated Area .................. That portion of the lower Colorado River on the Arizona side between Thomp-
son Bay and Copper Canyon.
2. Havasu Landing Regatta
Sponsor .............................. Southern Outboard Association.

Event Description ............... Boat Races on closed course.
Date .................................... Saturday and Sunday in February.
Location .............................. Havasu Lake, CA.
Regulated Area .................. That portion of the lower Colorado River on the California side at Havasu Land-
ing Resort and Casino.
3. Parker International Water-ski Race
Sponsor .............................. International Water-ski Race Association.

Event Description ............... Water-ski Show.
Date .................................... Second Saturday and Sunday in March.
Location .............................. Parker, AZ.
Regulated Area .................. The entire water area of the Colorado River beginning at Bluewater Marina in
Parker, AZ, and extending approximately 10 miles to La Paz County Park.
4. Desert Storm
Sponsor .............................. Lake Racer LLC.

Event Description ............... Boat Poker Run and Exhibition Runs.
Date .................................... April weekend (3 day event).
Regulated Area .................. The waters of the lower Colorado River encompassed by the following bound-
aries:
Boundary one from 342744 N, 1142053 W to 342751 N, 1142043 W.
Boundary two from 342650 N, 1142041 W to 342714 N, 1142055 W.
Boundary three from 342610 N, 1141840 W to 342550 N, 1141852 W.
5. Lake Havasu Grand Prix
Sponsor .............................. POPRA.

Event Description ............... Boat Races on closed course.
Date .................................... April weekend (2 day event).
Regulated Area .................. The waters of the lower Colorado River encompassed by the following bound-
aries:
Boundary one from 342744 N, 1142053 W to 342751 N, 1142043 W.
Boundary two from 342650 N, 1142041 W to 342714 N, 1142055 W.
Boundary three from 342610 N, 1141840 W to 342550 N, 1141852 W.
306
6. Bluewater Resort and Casino Spring Classic
Sponsor .............................. Southern California Speedboat Club.

Event Description ............... Professional High-speed powerboat race, closed course.
Date .................................... Saturday and Sunday in April.
Regulated Area .................. The Lake Moovalya area of the Colorado River in Parker, AZ.
7. IJSBA World Finals
Sponsor .............................. International Jet Sports Boating Association.

Event Description ............... Personal Watercraft Race.
Date .................................... Second Saturday through third Sunday of October (10 Days).
Location .............................. Lake Havasu City, AZ.
Regulated Area .................. The navigable waters of Lake Havasu, AZ in the area known as Crazy Horse
Campgrounds.
8. Parker Enduro
Sponsor .............................. Parker Area Chamber of Commerce.

Event Description ............... Hydroplane, flatbottom, tunnel, and v-bottom powerboat race.
Date .................................... Late October.
Regulated Area .................. Between river miles 179 and 185 (between the Roadrunner Resort and
Headgate Dam).
9. Bluewater Resort and Casino Thanksgiving Regatta
Sponsor .............................. Southern California Speedboat Club.

Event Description ............... Boat Races.
Date .................................... Thursday, Friday, Saturday, and Sunday during Thanksgiving week.
Regulated Area .................. That portion of Lake Moovalya, Parker, AZ between the northern and southern
boundaries of La Paz County Park.
10. Lake Havasu City Boat Parade of Lights
Sponsor .............................. London Bridge Yacht Club.

Event Description ............... Boat parade during which vessels pass by a pre-designated vessel and then
transit through the London Bridge Channel.
Date .................................... First Saturday and Sunday in December.
Regulated Area .................. The limits of this temporary safety zone consists of the navigable waters of
North Lake Havasu, London Bridge Channel and Thompson Bay.
[USCG20090558, 76 FR 53332, Aug. 26, 2011]
100.1103 Northern California and date is identifiable. In all cases, fur-

Lake Tahoe area annual marine ther information on exact dates, times,
events. and other details concerning the num-
(a) General. Special local regulations ber and type of participants and an
are established for the events listed in exact geographical description of the
Table 1 of this section. Notice of imple- areas are published by the Eleventh
mentation of these special local regula- Coast Guard District in the Local No-
tions will be made by publication in tice to Mariners at least 20 days prior
the FEDERAL REGISTER 30 days prior to to each event. To be placed on the
the event for those events without spe- mailing list for Local Notice to Mari-
cific dates or by Notice to Mariners 20 ners contact: Commander (dpw), Elev-
Days prior to the event for those enth Coast Guard District, Coast Guard
events listing a period for which a firm Island, Building 502, Alameda, CA
307
100.1103 33 CFR Ch. I (7112 Edition)
945015100. Note: Sponsors of events list- cated within a regulated area during
ed in Table 1 of this section must sub- all applicable effective dates and times
mit an application each year as re- shall come to an immediate stop.
quired by 33 CFR part 100, subpart A, to (3) The Patrol Commander
the cognizant Coast Guard Sector Com- (PATCOM) is empowered to forbid and
mander. Sponsors are informed that control the movement of all vessels in
ample lead time is required to inform the regulated area. The Patrol Com-
all Federal, state, local agencies, and/ mander shall be designated by the cog-
or other interested parties and to pro-
nizant Coast Guard Sector Commander;
vide the sponsor the best support to en-
sure the safety of life and property. will be a U.S. Coast Guard commis-
(b) Special local regulations. All per- sioned officer, warrant officer, or petty
sons and vessels not registered with officer to act as the Sector Com-
the sponsor as participants or as offi- manders official representative; and
cial patrol vessels are considered spec- will be located aboard the lead official
tators. The official patrol consists of patrol vessel. As the Sector Com-
any Coast Guard; other Federal, state, manders representative, the PATCOM
or local law enforcement; and any pub- may terminate the event any time it is
lic or sponsor-provided vessels assigned deemed necessary for the protection of
or approved by the cognizant Coast life and property. PATCOM may be
Guard Sector Commander to patrol reached on VHFFM Channel 13
each event. (156.65MHz) or 16 (156.8MHz) when re-
(1) No spectator shall anchor, block, quired, by the call sign PATCOM.
loiter, nor impede the through transit (4) The Patrol Commander may, upon
of participants or official patrol vessels request, allow the transit of commer-
in the regulated areas during all appli- cial vessels through regulated areas
cable effective dates and times unless
when it is safe to do so.
cleared to do so by or through an offi-
(5) The Coast Guard may be assisted
cial patrol vessel.
(2) When hailed and/or signaled by an by other Federal, state, or local agen-
official patrol vessel, any spectator lo- cies.
TABLE 1 TO 100.1103
1. Redwood Heron Sprints Regatta
Sponsor .............................. Humboldt State University Athletic Department.

Event Description ............... Sport rowing shells.
Date .................................... Third Sunday in April.
Location .............................. Eureka Inner Reach Channel.
Regulated Area .................. The navigable waters within an area bounded by a line starting 404816 N,
1241028 W; thence to 404821 N, 1241028 W; thence to 404835 N,
1240917 W; thence to 404830 N, 1240917 W; thence returning to the
point of origin.
2. Stockton Asparagus Festival
Sponsor .............................. City of Stockton.

Event Description ............... Pier side Event.
Date .................................... Last Friday, Saturday and Sunday in April.
Location .............................. McLeod Lake, Stockton, CA.
Regulated Area .................. Starting at the Port of Stockton and extending east to McLeod Lake; beginning
at latitude 375706 N and longitude 1211935 W; then northerly to latitude
375710 N and longitude 1211936 W; then north-northeasterly to latitude
375724 N and longitude 1211735 W; then south-southwesterly to latitude
375715 N and longitude 1211741 W; then south-southeasterly to latitude
375714 N and longitude 1211731 W; and then back to the beginning
point.
3. Blessing of the Fleet
Sponsor .............................. Corinthian Yacht Club.
308
Event Description ............... Boat parade during which vessels pass by a pre-designated platform or vessel.
Date .................................... Last Sunday in April.
Location .............................. San Francisco Waterfront to South Tower of Golden Gate Bridge.
Regulated Area .................. The area between a line drawn from Bluff Point on the southeastern side of
Tiburon Peninsula to Point Campbell on the northern edge of Angel Island,
and a line drawn from Peninsula Point to the southern edge of Tiburon Penin-
sula to Point Stuart on the western edge of Angel Island.
4. Opening Day on San Francisco Bay
Sponsor .............................. Pacific Inter-Club Yacht Association and Corinthian Yacht Club.
Event Description ............... Boat parade during which vessels pass by a pre-designated platform or vessel.
Date .................................... Last Sunday in April.
Location .............................. San Francisco, CA waterfront: Crissy Field to Pier 39.
Regulated Area .................. The area defined by a line drawn from Fort Point; thence easterly approximately
5,000 yards; thence easterly to the Blossom Rock Bell Buoy; thence westerly
to the Northeast corner of Pier 39; thence returning along the shoreline to the
point of origin.
Special Requirements: All vessels entering the regulated area shall follow the
parade route established by the sponsor and be capable of maintaining an
approximate speed of 6 knots.
Commercial Vessel Traffic Allowances: The parade will be interrupted, as nec-
essary, to permit the passage of commercial vessel traffic. Commercial traffic
must cross the parade route at a no-wake speed and perpendicular to the pa-
rade route.
5. Kinetic Sculpture Race
Sponsor .............................. Kinetic Sculpture Race Inc.

Event Description ............... Human Powered Craft Race.
Date .................................... Saturday and Sunday of Memorial Day Weekend.
point of origin.
6. Sacramento Bridge-to-Bridge Water Festival
Sponsor .............................. Sacramento Visitors Bureau.

Event Description ............... Professional high-speed powerboat races.
Date .................................... Second to last Friday, Saturday and Sunday in July.
Location .............................. Sacramento, CA.
1213030 W; thence to 383549 N, 1213023 W thence to 384000 N,
1213059 W thence to 383346 N, 1213111 W thence returning to the
point of origin.
7. Humboldt Bay Paddle Fest
Sponsor .............................. Humboldt State University Alumni Association.

Event Description ............... Paddle boat race.
Date .................................... Last weekend in September or first weekend in October.
point of origin.
8. Delta Thunder Powerboat Race
Sponsor .............................. Pacific Offshore Power Racing Association.

Event Description ............... Professional high-speed powerboat race.
Date .................................... Second Saturday, Sunday in September.
309
100.1104 33 CFR Ch. I (7112 Edition)
Location .............................. Off Pittsburgh, CA in the waters around Winter Island and Brown Island.
Regulated Area .................. The water area of Suisun Bay commencing at Simmons Point on Chipps Island;
thence southwesterly to Stake Point on the southern shore of Suisun Bay;
thence easterly following the southern shoreline of Suisun Bay and New York
Slough to New York Slough Buoy 13; thence north-northwesterly to the North-
western corner of Fraser Shoal; thence northwesterly to the western tip of
Chain Island; thence west-northwesterly to the northeast tip of Van Sickle Is-
land; thence following the shoreline of Van Sickle Island and Chipps Island
and returning to the point of origin.
9. Pittsburg Seafood Festival Air Show
Sponsor .............................. City of Pittsburg, CA.

Event Description ............... Pittsburg Seafood Festival Air Show.
Date .................................... Second Saturday, Sunday in September.
Location .............................. Off Pittsburgh, CA in the waters around Winter Island and Brown Island.
Regulated Area .................. The water area of Suisun Bay commencing at Simmons Point on Chipps Island;
thence southwesterly to Stake Point on the southern shore of Suisun Bay;
thence easterly following the southern shoreline of Suisun Bay and New York
Slough to New York Slough Buoy 13; thence north-northwesterly to the North-
western corner of Fraser Shoal; thence northwesterly to the western tip of
Chain Island; thence west-northwesterly to the northeast tip of Van Sickle Is-
land; thence following the shoreline of Van Sickle Island and Chipps Island
and returning to the point of origin.
[USCG20090558, 76 FR 53334, Aug. 26, 2011]
100.1104 Southern California annual part 100, subpart A, to the cognizant

marine events for the Los Angeles Coast Guard Sector Commander. Spon-
Long Beach Captain of the Port sors are informed that ample lead time
Zone. is required to inform all Federal, state,
(a) General. Special local regulations local agencies, and/or other interested
are established for the events listed in parties and to provide the sponsor the
Table 1 of this section. Notice of imple- best support to ensure the safety of life
mentation of these special local regula- and property.
(b) Special local regulations. All per-
tions will be made by publication in
sons and vessels not registered with
the FEDERAL REGISTER 30 days prior to
the sponsor as participants or as offi-
the event for those events without spe-
cial patrol vessels are considered spec-
cific dates or by Notice to Mariners 20 tators. The official patrol consists of
days prior to the event for those events any Coast Guard; other Federal, state,
listing a period for which a firm date is or local law enforcement; and any pub-
identifiable. In all cases, further infor- lic or sponsor-provided vessels assigned
mation on exact dates, times, and or approved by the cognizant Coast
other details concerning the number Guard Sector Commander to patrol
and type of participants and an exact each event.
geographical description of the areas (1) No spectator shall anchor, block,
are published by the Eleventh Coast loiter, nor impede the through transit
Guard District in the Local Notice to of participants or official patrol vessels
Mariners at least 20 days prior to each in the regulated areas during all appli-
event. To be placed on the mailing list cable effective dates and times unless
for Local Notice to Mariners contact: cleared to do so by or through an offi-
Commander (dpw), Eleventh Coast cial patrol vessel.
Guard District, Coast Guard Island, (2) When hailed and/or signaled by an
Building 502, Alameda, CA 945015100. official patrol vessel, any spectator lo-
Note: Sponsors of events listed in Table cated within a regulated area during
1 of this section must submit an appli- all applicable effective dates and times
cation each year as required by 33 CFR shall come to an immediate stop.
310
(3) The Patrol Commander may terminate the event any time it is
(PATCOM) is empowered to forbid and deemed necessary for the protection of
control the movement of all vessels in life and property. PATCOM may be
the regulated area. The Patrol Com- reached on VHFFM Channel 13
mander shall be designated by the cog- (156.65MHz) or 16 (156.8MHz) when re-
nizant Coast Guard Sector Commander; quired, by the call sign PATCOM.
will be a U.S. Coast Guard commis- (4) The Patrol Commander may, upon
sioned officer, warrant officer, or petty request, allow the transit of commer-
officer to act as the Sector Com- cial vessels through regulated areas
manders official representative; and when it is safe to do so.
will be located aboard the lead official (5) The Coast Guard may be assisted
patrol vessel. As the Sector Com- by other Federal, state, or local agen-
manders representative, the PATCOM cies.
TABLE 1 TO 100.1104
1. Newport to Ensenada Yacht Race
Sponsor .............................. Newport Ocean Sailing Association.

Event Description ............... Sailing vessel race; open ocean.
Date .................................... Fourth Friday in April.
Location .............................. Newport Beach, CA.
Regulated Area .................. Starting area only. All waters of the Pacific Ocean near Newport Beach, CA
bounded by a line starting 333518 N, 1175318 W thence to 333454 N,
1175318 W thence to 333454 N, 1175430 W thence to 333518 N,
1175430 W thence returning to the point of origin.
[USCG20090558, 76 FR 53336, Aug. 26, 2011]
100.1105 San Francisco Bay Navy Francisco Bay bounded by a line con-
Fleetweek Parade of Ships and Blue necting the following points:
Angels Demonstration. 374840 N 1222838 W
(a) Effective Periods. This section is 374910 N 1222841 W
effective during the U.S. Navy/City of 374931 N 1222518 W
San Francisco Fleetweek Parade of 374906 N 1222408 W
Navy Ships and Navy Blue Angels and 374753 N 1222242 W
other airshow activities held annually 374600 N 1222200 W
374600 N 1222307 W
in early October, from Thursday
through Saturday (with a possible Sun- and thence along the shore to the point of
day Blue Angels Flight Demonstration beginning.
if weather prevents a Saturday per- (2) Regulated Area Bravo for U.S.
formance). Annual notice of the spe- Navy Blue Angels Activities. The waters
cific effective dates and times of these of San Francisco Bay bounded by a line
regulations will be published by the connecting the following points:
Coast Guard in the Local Notice to
374827.5 N 1222404 W
Mariners and in the FEDERAL REG- 374931 N 1222418 W
ISTER. To be placed on the Local Notice
374900 N 1222752 W
to Mariners mailing list contact: Com- 374819 N 1222740 W
mander (oan), Eleventh Coast Guard
District, 400 Oceangate Boulevard, and thence along the pierheads and bulwarks
to the point of beginning.
Long Beach, CA 908225399.
(b) Regulated Areas: The following Datum: NAD 83
areas are designated regulated areas (c) Regulations: All persons and/or
during the Navy Parade of Ships and vessels not authorized as participants
Blue Angels Flight activities. or official patrol vessels are considered
(1) Regulated Area Alpha for Navy spectators. The official patrol con-
Parade of Ships. The waters of San sists of any Coast Guard, public, state
311
100.1301 33 CFR Ch. I (7112 Edition)
or local law enforcement vessels as- Bailey Peninsula and along the shore-
signed and/or approved by Commander, line of Mercer Island.
Coast Guard Sector San Francisco to (c) The area described in paragraph
patrol the Fleetweek event. (b) of this section has been divided into
(1) Except for persons or vessels au- two zones. The zones are separated by a
thorized by the Coast Guard Patrol line perpendicular from the I90 Bridge
Commander, in regulated area Alpha to the northwest corner of the East log
no person or vessel may enter or re- boom and a line extending from the
main within 500 yards ahead of the lead southeast corner of the East log boom
Navy parade vessel, within 200 yards to the southeast corner of the hydro-
astern of the last parade vessel, and plane race course and then to the
within 200 yards on either side of all northerly tip of Ohlers Island in An-
parade vessels. No person or vessel drews Bay. The western zone is des-
shall anchor, block, loiter in, or im- ignated Zone I, the eastern zone, Zone
pede the through transit of ship parade II. (Refer to NOAA Chart 18447).
participants or official patrol vessels in (d) The Coast Guard will maintain a
regulated area Alpha. patrol consisting of Coast Guard ves-
(2) Except for persons or vessels au- sels, assisted by Auxiliary Coast Guard
thorized by the Coast Guard Patrol vessels, in Zone II. The Coast Guard pa-
Commander, no person or vessel may trol of this area is under the direction
enter or remain within regulated area of the Coast Guard Patrol Commander
Bravo. (the Patrol Commander). The Patrol
Commander is empowered to control
(3) When hailed and/or signaled by an
the movement of vessels on the race-
official patrol vessel, a person or vessel
course and in the adjoining waters dur-
shall come to an immediate stop. Per-
ing the periods this regulation is in ef-
sons or vessels shall comply with all di-
fect. The Patrol Commander may be
rections given.
assisted by other federal, state and
(4) The Patrol Commander shall be
local law enforcement agencies.
designated by the Commander, Coast
(e) Only authorized vessels may be al-
Guard Sector San Francisco, Cali-
lowed to enter Zone I during the hours
fornia. The Coast Guard Patrol Com-
this regulation is in effect. Vessels in
mander is empowered to forbid and
the vicinity of Zone I shall maneuver
control the movement of all vessels in
and anchor as directed by Coast Guard
the regulated areas.
Officers or Petty Officers.
[CGD118915, 54 FR 39998, Sept. 29, 1989, as (f) During the times in which the reg-
amended by CGD119111, 56 FR 51332, Oct. 11, ulation is in effect, swimming, wading,
1991; CGD1193009, 58 FR 51242, Oct. 1, 1993; or otherwise entering the water in
USCG200625556, 72 FR 36327, July 2, 2007] Zone I by any person is prohibited
while hydroplane boats are on the race-
100.1301 Seattle seafair unlimited hy- course. At other times in Zone I, any
droplane race.
person entering the water from the
(a) This section is in effect annually shoreline shall remain west of the
during the last week in July and the swim line, denoted by buoys, and any
first two weeks of August from 8 a.m. person entering the water from the log
until 8 p.m. Pacific Daylight Time, as boom shall remain within ten (10) feet
published in the Local Notice of Mari- of the log boom.
ners. The event will be one week or less (g) During the times in which the
in duration. The specific dates during regulation is in effect, any person
this time frame will be published in the swimming or otherwise entering the
Local Notice to Mariners. water in Zone II shall remain within
(b) The area where the Coast Guard ten (10) feet of a vessel.
will restrict general navigation by this (h) During the times this regulation
regulation during the hours it is in ef- is in effect, rafting to a log boom will
fect is: The waters of Lake Washington be limited to groups of three vessels.
bounded by the Interstate 90 (Mercer (i) During the times this regulation
Island /Lacey V. Murrow) Bridge, the is in effect, up to six (6) vessels may
western shore of Lake Washington, and raft together in Zone II if none of the
the east/west line drawn tangent to vessels are secured to a log boom.
312
(j) During the times this regulation open to allow commercial traffic
is in effect, only vessels authorized by through during the event. The course
the Patrol Commander, other law en- then continues from the west Pier of
forcement agencies or event sponsors the center span and to the first pier
shall be permitted to tow other west on the south side of the piers and
watercraft or inflatable devices. continues north and ends at River
(k) Vessels proceeding in either Zone Place dock.
I or Zone II during the hours this regu- (c) Enforcement period. The event is a
lation is in effect shall do so only at two-day event which will be enforced
speeds which will create minimum from 8 a.m. (PDT) to 5 p.m. (PDT) on
wake, seven (07) miles per hour or less. the second Saturday and Sunday of
This maximum speed may be reduced June each year. In 2006, this section
at the discretion of the Patrol Com- will be enforced from 8 a.m. until 5
mander. p.m. on Saturday, June 10, and Sunday,
(l) Upon completion of the daily rac- June 11.
ing activities, all vessels leaving either (d) Special local regulation. (1) Non-
Zone I or Zone II shall proceed at participant vessels are prohibited from
speeds of seven (07) miles per hour or entering the race area unless author-
less. The maximum speed may be re- ized by the Coast Guard Patrol Com-
duced at the discretion of the Patrol mander.
Commander. (2) All persons or vessels not reg-
(m) A succession of sharp, short sig- istered with the sponsor as partici-
nals by whistle or horn from vessels pa- pants or not part of the regatta patrol
trolling the areas under the direction are considered spectators. Spectator
of the Patrol Commander shall serve as vessels must be moored to a waterfront
signal to stop. Vessels signaled shall facility in a way that will not interfere
stop and shall comply with the orders with the progress of the event or have
of the patrol vessel; failure to do so permission to enter the area from the
may result in expulsion from the area, event sponsor or Coast Guard patrol
citation for failure to comply, or both. commander. Spectators must proceed
The Coast Guard may be assisted by at a safe speed as not to cause a wake.
other federal, state and local law en- This requirement will be strictly en-
forcement agencies, as well as official forced to preserve the safety of both
Seafair event craft. life and property.
[CGD1301004, 66 FR 34822, July 2, 2001]
(3) A succession of sharp, short sig-
nals by whistle or horn from vessels pa-
100.1302 Special Local Regulation, trolling the area under the direction of
Annual Dragon Boat Races, Port- the Patrol Commander shall serve as a
land, Oregon. signal to stop. Vessels signaled shall
(a) Regulated area. All waters of the stop and shall comply with the orders
Willamette River shore to shore, bor- of the patrol vessel. Failure to do so
dered on the north by the Hawthorne may result in expulsion from the area,
Bridge, and on the south by the citation for failure to comply, or both.
Marquam Bridge. (4) The Coast Guard Patrol Com-
(b) Definition. For purposes of this mander may be assisted by other Fed-
section, race area means an area 536- eral, State and local law enforcement
meters-long by 80-feet-wide designated agencies in enforcing this regulation.
by buoys and floatation line markers [CGD1306007, 71 FR 42274, July 26, 2006]
within the regulated area described in
paragraph (a) of this section. The 100.1303 Annual Kennewick, Wash-
buoys have 4-foot poles attached to ington, Columbia Unlimited Hydro-
them. Two of the buoys are red, one is plane Races.
white, and the other is yellow. The (a) This regulation is effective each
course runs from the north side of the year on the last Tuesday through Sun-
Hawthorne bridge south along the east day in July from 8:30 a.m. local time
bank to the east most pier of the Mark- until the last race is completed each
ham bridge and from the south side of day at approximately 7:30 p.m. local
the Markham bridge to the east pier of time, unless sooner terminated by the
the center span. The center span is left Patrol Commander.
313
100.1304 33 CFR Ch. I (7112 Edition)
(b) The Coast Guard will restrict gen- the University Bridge, through the
eral navigation and anchorage by this Portage Cut (Montlake Cut) into and
regulation during the hours it is in ef- including Union Bay, with the south-
fect on all waters of the Columbia eastern limit being an imaginary line
River bounded by two lines drawn from from Webster Point to the eastern cor-
shore to shore; the first line running ner of Foster Island.
between position latitude 461407 N, (b) Effective period. This regulation
longitude 1191042 W and position lati- will be in effect from 8:00 a.m. to 3:00
tude 461342 N, longitude 1191051 W; p.m. on the first Saturday of May each
and the second line running between year unless otherwise specified in the
position latitude 461335 N, longitude Thirteenth District Local Notice to
1190734 W and position latitude Mariners.
461310 N, longitude 1190747 W. (c) Special Local regulations. (1) The
[Datum: NAD 83] regulated area shall be closed for the
(c) When deemed appropriate, the duration of the event to all vessel traf-
Coast Guard may establish a patrol fic not participating in the event and
consisting of active and auxiliary authorized by the event sponsor or
Coast Guard personnel and vessels in Coast Guard Patrol Commander.
the area described in paragraph (b) of (2) All persons or vessels not reg-
this section. The patrol shall be under istered with the sponsor as partici-
the direction of a Coast Guard officer pants or not part of the regatta patrol
or petty officer designated as Coast are considered spectators. Spectator
Guard Patrol Commander. The Patrol vessels must be at anchor within a des-
Commander is empowered to forbid and ignated spectator area or moored to a
control the movement of vessels in the waterfront facility in a way that will
area described in paragraph (b) of this not interfere with the progress of the
section. event. The following are established as
(d) The Patrol Commander may au- spectator areas:
thorize vessels to be underway in the (i) Northwest of the University
area described in paragraph (b) of this Bridge.
section during the hours this regula- (ii) North of the log boom which will
tions is in effect. All vessels permitted be placed in Union Bay.
to be underway in the controlled area
(iii) East of Webster Point so as not
(other than racing or official vessels)
to interfere with the participating ves-
shall do so only at speeds which will
sels departing Union Bay.
create minimum wake consistent with
(3) No spectators shall anchor, block,
maintaining steerageway, and not to
loiter in, or impede the through transit
exceed seven (7) miles per hour. This
of participants or official patrol vessels
speed limit may be adjusted at the dis-
in the regulated area during the effec-
cretion of the Patrol Commander to en-
tive dates and times unless cleared for
hance the level of safety.
such entry by the Patrol Commander.
(e) A succession of sharp, short sig-
nals by whistle, siren, or horn from (4) Due to the large number of craft
vessels patrolling the area under the confined within this small body of
direction of the U.S. Coast Guard Pa- water, all vessels, both spectator and
trol Commander shall serve as a signal participants, will maintain a NO
to stop. Vessels signalled shall stop and WAKE speed. This requirement will
shall comply with the orders of the pa- be strictly enforced to preserve the
trol vessel personnel; failure to do so safety of both life and property.
may result in expulsion from the area, (5) A succession of sharp, short sig-
citation for failure to comply, or both. nals by whistle or horn from vessels pa-
trolling the area under the direction of
[CGD13 8506, 50 FR 25071, June 17, 1985, as the Patrol Commander shall serve as a
amended by CGD1396012, 61 FR 20133, May signal to stop. Vessels signaled shall
6, 1996]
stop and shall comply with the orders
100.1304 Annual Seattle Yacht Clubs of the patrol vessel. Failure to do so
Opening Day Marine Parade. may result in expulsion from the area,
citation for failure to comply, or both.
(a) Regulated area. All of Portage
Bay, with the northwestern limit being [CGD138902, 54 FR 19167, May 4, 1989]
314
100.1305 Richland, Washington, west to 473724.5 N, 1222258.5 W; thence to

coast outboard championship hydro 473608 N, 1222053 W; thence to
races. 473621 N, 1222031 W; thence return-
(a) Regulated area. By this regulation, ing to the origin. This regulated area
the Coast Guard will restrict general resembles a rectangle measuring ap-
navigation and anchorage on the wa- proximately 3,900 yards along the
ters of the Columbia River between shoreline between Pier 57 and Pier 89,
River Mile 337 and River Mile 339. This and extending approximately 650 yards
restricted area includes all waters be- into Elliott Bay. Temporary floating
tween the above mile marks in Rich- markers will be placed by the race
land, Washington, and is approxi- sponsors to delineate the regulated
mately 2 miles long. area. [Datum: NAD 1983]
(b) Special local regulations. (1) This (b) Special Local Regulations. (1) No
event will take place from 6. a.m. p.d.t. person or vessel may enter or remain
to approximately 5 p.m. p.d.t. on the in the regulated area except for par-
third Friday, Saturday, and Sunday of ticipants in the event, supporting per-
August, annually, in the described wa- sonnel, vessels registered with the
ters of the Columbia River, Richland, event organizer, and personnel or ves-
Washington. sels authorized by the Coast Guard Pa-
(2) No person or vessel may enter or trol Commander.
remain in the regulated area except for (2) When deemed appropriate, the
participants in the event, supporting Coast Guard may establish a patrol
personnel, vessels registered with the consisting of active and auxiliary
event organizer, and personnel or ves- Coast Guard vessels and personnel in
sels authorized by the Coast Guard Pa- the area described in paragraph (a) of
trol Commander. this section. The patrol shall be under
(3) Patrol of the described area will the direction of a Coast Guard officer
be under the direction of a designated or petty officer designated by the Cap-
Coast Guard Patrol Commander. The tain of the Port as the Coast Guard Pa-
Patrol Commander is empowered to trol Commander. The Patrol Com-
control the movement of vessels in the mander may forbid and control the
regulated area and adjoining waters movement of vessels in the area de-
during the hours these regulations are scribed in paragraph (a) of this section.
in effect. (3) A succession of sharp, short blasts
(4) A succession of sharp, short sig- from whistle or horn from vessels pa-
nals by whistle, siren, or horn, from trolling the area under the direction of
vessels patrolling the area under the the Patrol Commander shall serve as a
direction of the Patrol Commander signal to stop. Vessels signaled shall
shall serve as a signal to stop. Vessels stop and comply with the orders of the
or persons signaled shall stop and shall patrol vessel. Failure to do so may re-
comply with the orders of the patrol sult in expulsion from the area, cita-
vessel. Failure to do so may result in tion for failure to comply, or both.
expulsion from the area, citation for (c) Enforcement dates. This section is
failure to comply, or both. enforced annually on the second or
(c) Effective times and dates. This reg- third Saturday in May from 12 p.m. to
ulation becomes effective each year on 4:30 p.m. The event will be one day only
the third Friday of August, at 6 a.m. and the specific date will be published
p.d.t. and terminates on the third Sun- each year in the FEDERAL REGISTER. In
day of August, at 6 p.m. p.d.t. or upon 2005, this section will be enforced from
completion of each event. 12 p.m. to 4:30 p.m. on Saturday May 14.
[CGD139008, 55 FR 32624, Aug. 10, 1990] [CGD1395003, 61 FR 16710, Apr. 17, 1996, as
amended by CGD1305004, 70 FR 23938, May
100.1306 National Maritime Week 6, 2005]
Tugboat Races, Seattle, WA.
(a) Regulated Area. A regulated area 100.1307 Special Local Regulations,
is established on that portion of Elliott Strait Thunder Performance, Port
Bay along the Seattle waterfront in Angeles, WA.
Puget Sound bounded by a line begin- (a) Regulated Areas. (1) The race area
ning at: 473736 N, 1222242 W; thence encompasses all waters located inside
315
100.1308 33 CFR Ch. I (7112 Edition)
of a line connecting the following (d) Enforcement dates. This section is

points located near Port Angeles, enforced annually on the first or sec-
Washington: ond Friday, Saturday, and Sunday in
Point 1: 480724 N, 1232532 W; October from 9 a.m. until 5 p.m. The
Point 2: 480726 N, 1232435 W; event is a three day event and the spe-
Point 3: 480712 N, 1232531 W; cific dates will be published each year
Point 4: 480715 N, 1232434 W. in the FEDERAL REGISTER. In 2005, this
[Datum: NAD 1983]. section will be enforced from 9 a.m.
until 5 p.m. on Friday, September 30th,
(2) The spectator area encompasses all to Sunday, October 2nd.
waters located within a box bounded by
the following points located near Port [CGD1305009, 70 FR 58056, Oct. 5, 2005]
Angeles, Washington:
100.1308 Special Local Regulation;
Point 1: 480732 N, 1232533 W; Hydroplane Races within the Cap-
Point 2: 480729 N, 1232436 W; tain of the Port Puget Sound Area
Point 3: 480724 N, 1232532 W; of Responsibility.
Point 4: 480726 N, 1232435 W. (a) Location. The following areas are
[Datum: NAD 1983.] designated race areas for the purpose of
(b) Definitions. For the purpose of this reoccurring hydroplane races:
section the following definitions apply: (1) Dyes Inlet. West of Port Orchard,
(1) Coast Guard Patrol Commander WA to include all waters north to land
means a commissioned, warrant, or from a line connecting the following
petty officer of the Coast Guard who points 4737.36 N, 12242.29 W and
has been designated by Commander, 4737.74 N, 12240.64 W (NAD 1983).
Coast Guard Group Port Angeles. The (2) Lake Washington. South of the
Coast Guard Patrol Commander is em- Interstate 90 bridge and north of An-
powered to control the movement of drews Bay to include all waters east of
vessels in the regulated area. the shoreline within the following
(2) Patrol Vessel means any Coast points: 4734.15 N, 12216.40 W; 4734.31
Guard vessel, Coast Guard Auxiliary N, 12215.96 W; 4735.18 N, 12216.31 W;
vessel, or other federal, state or local 4735.00 N, 12216.71 W (NAD 1983).
law enforcement vessel. (3) Lake Sammamish. South to land
(c) Special Local Regulations. (1) Non- from a line connecting the following
participant vessels are prohibited from points 4733.810 N, 12204.810 W and
entering the race area unless author- 4733.810 N, 122 03.674 W (NAD 1983).
ized by the Coast Guard Patrol Com- (b) Notice of enforcement or suspension
mander. of enforcement. This special local regu-
(2) Spectator craft may remain in the lation will be activated and thus sub-
designated spectator area but must fol- ject to enforcement, under the fol-
low the directions of the Coast Guard lowing conditions: the Coast Guard
Patrol Commander. Spectator craft en- must receive and approve a marine
tering, exiting or moving within the event permit for each hydroplane event
spectator area must operate at speeds, in accordance with 33 CFR 100. The
which will create a minimum wake, Captain of the Port will provide notice
and not exceed seven knots. The max- of the enforcement of this special local
imum speed may be reduced at the dis- regulation by all appropriate means to
cretion of the Patrol Commander. ensure the widest dissemination among
(3) A succession of sharp, short sig- the affected segments of the public, as
nals by whistle or horn from a Patrol practicable; such means of notification
Vessel will serve as a signal to stop. may include but are not limited to,
Vessels signaled must stop and comply Broadcast Notice to Mariners or Local
with the orders of the Patrol Vessel. Notice to Mariners.
Failure to do so may result in expul- (c) Regulations. (1) When this special
sion from the area, citation for failure local regulation is enforced, non-par-
to comply, or both. ticipant vessels are prohibited from en-
(4) The Coast Guard Patrol Com- tering the designated race areas unless
mander may be assisted by other fed- authorized by the designated on-scene
eral, state and local law enforcement Patrol Commander. Spectator craft
agencies in enforcing this regulation. may remain in designated spectator
316
areas but must follow the directions of points: 4705.108 N, 12255.799 W and
the designated on-scene Patrol Com- 4705.131 N, 12255.659 W then south-
mander. The event sponsor may also easterly until reaching the southern-
function as the designated on-scene Pa- most entrance of the navigation chan-
trol Commander. Spectator craft enter- nel at a line connecting the following
ing, exiting or moving within the spec- points: 4703.946 N, 12254.577 W,
tator area must operate at speeds 4704.004 N, 12254.471 W.
which will create a minimum wake. (b) Regulations. In accordance with
(2) Emergency signaling. A succession the general regulations in 33 CFR part
of sharp, short signals by whistle or 100, the regulated area shall be closed
horn from vessels patrolling the areas immediately prior to, during and im-
under the discretion of the designated mediately after the event to all persons
on-scene Patrol Commander shall serve and vessels not participating in the
as a signal to stop. Vessels signaled event and authorized by the event
shall stop and shall comply with the sponsor.
orders of the patrol vessel. Failure to (c) Authorization. All persons or ves-
do so may result in expulsion from the sels who desire to enter the designated
area, citation for failure to comply, or race area created in this section while
both. it is enforced must obtain permission
from the on-scene patrol craft on VHF
[USCG20090996, 76 FR 17341, Mar. 29, 2011]
Ch 13.
100.1309 Special Local Regulation; (d) Notice of enforcement dates. This
Olympia Harbor Days Tug Boat Special Local Regulation will only be
Races, Budd Inlet, WA. enforced during times announced by
the Captain of the Port. The Captain of
(a) Regulated area. The following area
the Port will provide notice of the en-
is specified as a race area: All waters of
forcement of this special local regula-
Budd Inlet, WA the width of the navi-
tion by Notice of Enforcement in the
gation channel south of a line con-
FEDERAL REGISTER. Additional infor-
necting the following points: 4705.530
mation may be available through
N, 12255.844 W and 4705.528 N,
Broadcast Notice to Mariners and
12255.680 W until reaching the north-
Local Notice to Mariners.
ernmost end of the navigation channel
at a line connecting the following [USCG20101024,76 FR 30827, May 27, 2011]
317
SUBCHAPTER HMARITIME SECURITY
PART 101MARITIME SECURITY: (1) To implement portions of the

GENERAL maritime security regime required by
the Maritime Transportation Security
Subpart AGeneral Act of 2002, as codified in 46 U.S.C.
Chapter 701;
Sec. (2) To align, where appropriate, the
101.100 Purpose. requirements of domestic maritime se-
curity regulations with the inter-
101.115 Incorporation by reference. national maritime security standards
101.120 Alternatives. in the International Convention for the
101.125 Approved Alternative Security Pro- Safety of Life at Sea, 1974 (SOLAS
grams. Chapter XI2) and the International
101.130 Equivalent security measures. Code for the Security of Ships and of
Port Facilities, parts A and B, adopted
Subpart BMaritime Security (MARSEC)
on 12 December 2002; and
Levels
(3) To ensure security arrangements
101.200 MARSEC Levels. are as compatible as possible for ves-
101.205 Department of Homeland Security sels trading internationally.
alignment. (b) For those maritime elements of
the national transportation system
Subpart CCommunication (Port-Facility-
where international standards do not
Vessel)
directly apply, the requirements in this
101.300 Preparedness communications. subchapter emphasize cooperation and
101.305 Reporting. coordination with local port commu-
101.310 Additional communication devices. nity stakeholders, and are based on ex-
isting domestic standards, as well as
Subpart DControl Measures for Security
established industry security practices.
101.400 Enforcement. (c) The assessments and plans re-
101.405 Maritime Security (MARSEC) Direc- quired by this subchapter are intended
tives. for use in implementing security meas-
101.410 Control and Compliance Measures. ures at various MARSEC Levels. The
101.415 Penalties.
101.420 Right to appeal.
specific security measures and their
implementation are planning criteria
Subpart EOther Provisions based on a set of assumptions made
during the development of the security
101.500 Procedures for authorizing a Recog- assessment and plan. These assump-
nized Security Organization (RSO). [Re-
tions may not exist during an actual
served]
101.505 Declaration of Security (DoS). transportation security incident.
101.510 Assessment Tools. [USCG200314792, 68 FR 39278, July 1, 2003, as
101.514 TWIC Requirement. amended at 68 FR 60470, Oct. 22, 2003]
101.515 TWIC/Personal Identification.
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. 101.105 Definitions.
Chapter 701; 50 U.S.C. 191, 192; Executive Unless otherwise specified, as used in
Order 12656, 3 CFR 1988 Comp., p. 585; 33 CFR
1.051, 6.0411, 6.14, 6.16, and 6.19; Department
this subchapter:
of Homeland Security Delegation No. 0170.1. Alternative Security Program means a
third-party or industry organization
EDITORIAL NOTE: Nomenclature changes to developed standard that the Com-
part 101 appear at 73 FR 35009, June 19, 2008.
mandant has determined provides an
SOURCE: USCG200314792, 68 FR 39278, July equivalent level of security to that es-
1, 2003. tablished by this subchapter.
Area Commander means the U.S.
Subpart AGeneral Coast Guard officer designated by the
Commandant to command a Coast
101.100 Purpose. Guard Area as described in 33 CFR part
(a) The purpose of this subchapter is: 3.
318
Area Maritime Security (AMS) Assess- the COTP zones described in 33 CFR
ment means an analysis that examines part 3. The COTP is the Federal Mari-
and evaluates the infrastructure and time Security Coordinator described in
operations of a port taking into ac- 46 U.S.C. 70103(a)(2)(G) and also the
count possible threats, vulnerabilities, Port Facility Security Officer as de-
and existing protective measures, pro- scribed in the ISPS Code, part A.
cedures and operations. Cargo means any goods, wares, or
Area Maritime Security (AMS) Com- merchandise carried, or to be carried,
mittee means the committee estab- for consideration, whether directly or
lished pursuant to 46 U.S.C. indirectly flowing to the owner,
70112(a)(2)(A). This committee can be charterer, operator, agent, or any
the Port Security Committee estab- other person interested in the vessel,
lished pursuant to Navigation and Ves- facility, or OCS facility, except dredge
sel Inspection Circular (NVIC) 0902 spoils.
change 2, available from the cognizant Cargo vessel means a vessel that car-
Captain of the Port (COTP) or at http:// ries, or intends to carry, cargo as de-
www.uscg.mil/hq/g-m/nvic. fined in this section.
Area Maritime Security (AMS) Plan Certain Dangerous Cargo (CDC) means
means the plan developed pursuant to the same as defined in 33 CFR 160.204.
46 U.S.C. 70103(b). This plan may be the Commandant means the Commandant
Port Security plan developed pursuant of the U.S. Coast Guard.
to NVIC 0902 provided it meets the re- Company means any person or entity
quirements of part 103 of this sub- that owns any facility, vessel, or OCS
chapter. facility subject to the requirements of
Area of Responsibility (AOR) means a this subchapter, or has assumed the re-
Coast Guard area, district, marine in- sponsibility for operation of any facil-
spection zone or COTP zone described ity, vessel, or OCS facility subject to
in 33 CFR part 3. the requirements of this subchapter,
Audit means an evaluation of a secu- including the duties and responsibil-
rity assessment or security plan per- ities imposed by this subchapter.
formed by an owner or operator, the Company Security Officer (CSO) means
owner or operators designee, or an ap- the person designated by the Company
proved third-party, intended to iden- as responsible for the security of the
tify deficiencies, non-conformities and/ vessel or OCS facility, including imple-
or inadequacies that would render the mentation and maintenance of the ves-
assessment or plan insufficient. sel or OCS facility security plan, and
Barge means a non-self-propelled ves- for liaison with their respective vessel
sel (46 CFR 24.101). or facility security officer and the
Barge fleeting facility means a com- Coast Guard.
mercial area, subject to permitting by Contracting Government means any
the Army Corps of Engineers, as pro- government of a nation that is a signa-
vided in 33 CFR part 322, part 330, or tory to SOLAS, other than the U.S.
pursuant to a regional general permit Cruise ship means any vessel over 100
the purpose of which is for the making gross register tons, carrying more than
up, breaking down, or staging of barge 12 passengers for hire which makes
tows. voyages lasting more than 24 hours, of
Breach of security means an incident which any part is on the high seas. Pas-
that has not resulted in a transpor- sengers from cruise ships are embarked
tation security incident, in which secu- or disembarked in the U.S. or its terri-
rity measures have been circumvented, tories. Cruise ships do not include fer-
eluded, or violated. ries that hold Coast Guard Certificates
Bulk or in bulk means a commodity of Inspection endorsed for Lakes,
that is loaded or carried on board a Bays, and Sounds, that transit inter-
vessel without containers or labels, and national waters for only short periods
that is received and handled without of time on frequent schedules.
mark or count. Dangerous goods and/or hazardous sub-
Bunkers means a vessels fuel supply. stances, for the purposes of this sub-
Captain of the Port (COTP) means the chapter, means cargoes regulated by
local officer exercising authority for parts 126, 127, or 154 of this chapter.
319
101.105 33 CFR Ch. I (7112 Edition)
Dangerous substances or devices means evaluates the infrastructure and oper-

any material, substance, or item that ations of the facility taking into ac-
reasonably has the potential to cause a count possible threats, vulnerabilities,
transportation security incident. consequences, and existing protective
Declaration of Security (DoS) means an measures, procedures and operations.
agreement executed between the re- Facility Security Officer (FSO) means
sponsible Vessel and Facility Security the person designated as responsible
Officer, or between Vessel Security Of- for the development, implementation,
ficers in the case of a vessel-to-vessel revision and maintenance of the facil-
activity, that provides a means for en- ity security plan and for liaison with
suring that all shared security con- the COTP and Company and Vessel Se-
cerns are properly addressed and secu- curity Officers.
rity will remain in place throughout Facility Security Plan (FSP) means the
the time a vessel is moored to the fa- plan developed to ensure the applica-
cility or for the duration of the vessel- tion of security measures designed to
to-vessel activity, respectively. protect the facility and its servicing
District Commander means the U.S. vessels or those vessels interfacing
Coast Guard officer designated by the with the facility, their cargoes, and
Commandant to command a Coast persons on board at the respective
Guard District described in 33 CFR part MARSEC Levels.
3. Ferry means a vessel which is limited
Drill means a training event that in its use to the carriage of deck pas-
tests at least one component of the sengers or vehicles or both, operates on
AMS, vessel, or facility security plan a short run on a frequent schedule be-
and is used to maintain a high level of tween two or more points over the
security readiness. most direct water route, other than in
Escorting means ensuring that the es- ocean or coastwise service.
corted individual is continuously ac- Foreign vessel means a vessel of for-
companied while within a secure area eign registry or a vessel operated under
in a manner sufficient to observe the authority of a country, except the
whether the escorted individual is en- U.S., that is engaged in commerce.
gaged in activities other than those for General shipyard facility means
which escorted access was granted. (1) For operations on land, any struc-
This may be accomplished via having a ture or appurtenance thereto designed
side-by-side companion or monitoring, for the construction, repair, rehabilita-
depending upon where the escorted in- tion, refurbishment, or rebuilding of
dividual will be granted access. Indi- any vessel, including graving docks,
viduals without TWICs may not enter building ways, ship lifts, wharves, and
restricted areas without having an in- pier cranes; the land necessary for any
dividual who holds a TWIC as a side-by- structures or appurtenances; and the
side companion, except as provided in equipment necessary for the perform-
104.267, 105.257, and 106.262 of this sub- ance of any function referred to in this
chapter. definition; and
Exercise means a comprehensive (2) For operations other than on land,
training event that involves several of any vessel, floating drydock, or barge
the functional elements of the AMS, used for, or a type that is usually used
vessel, or facility security plan and for, activities referred to in paragraph
tests communications, coordination, (1) of this definition.
resource availability, and response. Gross register tons (GRT) means the
Facility means any structure or facil- gross ton measurement of the vessel
ity of any kind located in, on, under, or under 46 U.S.C. chapter 145, Regulatory
adjacent to any waters subject to the Measurement. For a vessel measured
jurisdiction of the U.S. and used, oper- under only 46 U.S.C. chapter 143, Con-
ated, or maintained by a public or pri- vention Measurement, the vessels
vate entity, including any contiguous gross tonnage, ITC is used to apply all
or adjoining property under common thresholds expressed in terms of gross
ownership or operation. register tons.
Facility Security Assessment (FSA) Gross tonnage, ITC (GT ITC) means
means an analysis that examines and the gross tonnage measurement of the
320
vessel under 46 U.S.C. chapter 143, Con- ters subject to the jurisdiction of the
vention Measurement. Under inter- U.S.
national conventions, this parameter MARSEC Level 1 means the level for
may be referred to as gross tonnage which minimum appropriate protective
(GT). security measures shall be maintained
Hazardous materials means hazardous at all times.
materials subject to regulation under MARSEC Level 2 means the level for
46 CFR parts 148, 150, 151, 153, or 154, or which appropriate additional protec-
49 CFR parts 171 through 180. tive security measures shall be main-
Infrastructure means facilities, struc- tained for a period of time as a result
tures, systems, assets, or services so of heightened risk of a transportation
vital to the port and its economy that security incident.
their disruption, incapacity, or de- MARSEC Level 3 means the level for
struction would have a debilitating im- which further specific protective secu-
pact on defense, security, the environ- rity measures shall be maintained for a
ment, long-term economic prosperity, limited period of time when a transpor-
public health or safety of the port. tation security incident is probable or
International voyage means a voyage imminent, although it may not be pos-
between a country to which SOLAS ap- sible to identify the specific target.
plies and a port outside that country. A Master means the holder of a valid
merchant mariner credential or license
country, as used in this definition, in-
that authorizes the individual to serve
cludes every territory for the internal
as a Master, operator, or person in
relations of which a contracting gov-
charge of the rated vessel. For the pur-
ernment to the convention is respon-
poses of this subchapter, Master also
sible or for which the United Nations is
includes the Person in Charge of a
the administering authority. For the
MODU, and the operator of an
U.S., the term territory includes the
uninspected towing vessel.
Commonwealth of Puerto Rico, all pos-
Merchant mariner credential or MMC
sessions of the United States, and all
means the credential issued by the
lands held by the U.S. under a protec-
Coast Guard under 46 CFR part 10. It
torate or mandate. For the purposes of combines the individual merchant
this subchapter, vessels solely navi- mariners document, license, and cer-
gating the Great Lakes and the St. tificate of registry enumerated in 46
Lawrence River as far east as a U.S.C. subtitle II part E as well as the
straight line drawn from Cap des STCW endorsement into a single cre-
Rosiers to West Point, Anticosti Island dential that serves as the mariners
and, on the north side of Anticosti Is- qualification document, certificate of
land, the 63rd meridian, are considered identification, and certificate of serv-
on an international voyage when on ice.
a voyage between a U.S. port and a Ca- OCS Facility means any artificial is-
nadian port. land, installation, or other complex of
ISPS Code means the International one or more structures permanently or
Ship and Port Facility Security Code, temporarily attached to the subsoil or
as incorporated into SOLAS. seabed of the OCS, erected for the pur-
Maritime Security (MARSEC) Directive pose of exploring for, developing or
means an instruction issued by the producing oil, natural gas or mineral
Commandant, or his/her delegee, man- resources. This definition includes all
dating specific security measures for mobile offshore drilling units (MODUs)
vessels and facilities that may be in- not covered under part 104 of this sub-
volved in a transportation security in- chapter, when attached to the subsoil
cident. or seabed of offshore locations, but
Maritime Security (MARSEC) Level does not include deepwater ports, as
means the level set to reflect the pre- defined by 33 U.S.C. 1502, or pipelines.
vailing threat environment to the ma- Operator, Uninspected Towing Vessel
rine elements of the national transpor- means an individual who holds a mer-
tation system, including ports, vessels, chant mariner credential or license de-
facilities, and critical assets and infra- scribed in 46 CFR 15.805(a)(5) or 46 CFR
structure located on or adjacent to wa- 15.810(d).
321
101.105 33 CFR Ch. I (7112 Edition)
Owner or operator means any person (3) That receives only:

or entity that owns, or maintains oper- (i) Vessels not subject to part 104 of
ational control over, any facility, ves- this chapter, or
sel, or OCS facility subject to this sub- (ii) Passenger vessels, except:
chapter. This includes a towing vessel (A) Ferries certificated to carry vehi-
that has operational control of an un- cles;
manned vessel when the unmanned ves- (B) Cruise ships; or
sel is attached to the towing vessel and (C) Passenger vessels subject to
a facility that has operational control SOLAS Chapter XI1 or SOLAS Chap-
of an unmanned vessel when the un- ter XI2.
manned vessel is not attached to a tow- Recurring unescorted access means au-
ing vessel and is moored to the facility; thorization to enter a vessel on a con-
attachment begins with the securing of tinual basis after an initial personal
the first mooring line and ends with identity and credential verification.
the casting-off of the last mooring line. Registered length means the registered
Passenger vessel means length as defined in 46 CFR part 69.
(1) On an international voyage, a ves- Restricted areas mean the infrastruc-
sel carrying more than 12 passengers, tures or locations identified in an area,
including at least one passenger-for- vessel, or facility security assessment
hire; and or by the operator that require limited
(2) On other than an international access and a higher degree of security
voyage: protection. The entire facility may be
(i) A vessel of at least 100 gross reg- designated the restricted area, as long
ister tons carrying more than 12 pas- as the entire facility is provided the
sengers, including at least one pas- appropriate level of security.
senger-for-hire; Review and approval means the proc-
(ii) A vessel of less than 100 gross reg- ess whereby Coast Guard officials
ister tons carrying more than 6 pas- evaluate a plan or proposal to deter-
sengers, including at least one pas- mine if it complies with this sub-
senger-for-hire; chapter and/or provides an equivalent
(iii) A vessel that is chartered and level of security.
carrying more than 12 passengers; Screening means a reasonable exam-
(iv) A submersible vessel that is car- ination of persons, cargo, vehicles, or
rying at least one passenger-for-hire; baggage for the protection of the ves-
or sel, its passengers and crew. The pur-
(v) A wing-in-ground craft, regardless pose of the screening is to secure the
of tonnage, that is carrying at least vital government interest of protecting
one passenger-for-hire. vessels, harbors, and waterfront facili-
Passenger-for-hire means a passenger ties from destruction, loss, or injury
for whom consideration is contributed from sabotage or other causes of simi-
as a condition of carriage on the vessel, lar nature. Such screening is intended
whether directly or indirectly flowing to ensure that dangerous substances
to the owner, charterer, operator, and devices, or other items that pose a
agent, or any other person having an real danger of violence or a threat to
interest in the vessel. security are not present.
Personal Identification Number (PIN) Secure area means the area on board a
means a personally selected number vessel or at a facility or outer conti-
stored electronically on the individ- nental shelf facility over which the
uals TWIC. owner/operator has implemented secu-
Public access facility means a facil- rity measures for access control in ac-
ity cordance with a Coast Guard approved
(1) That is used by the public pri- security plan. It does not include pas-
marily for purposes such as recreation, senger access areas, employee access
entertainment, retail, or tourism, and areas, or public access areas, as those
not for receiving vessels subject to part terms are defined in 104.106, 104.107,
104; and 105.106, respectively, of this sub-
(2) That has minimal infrastructure chapter. Vessels operating under the
for servicing vessels subject to part 104 waivers provided for at 46 U.S.C.
of this chapter; and 8103(b)(3)(A) or (B) have no secure
322
areas. Facilities subject to part 105 of is directly and immediately affected by

this subchapter located in American actions involving the movement of per-
Samoa have no secure areas. Facilities sons, cargo, vessel stores, or the provi-
subject to part 105 of this subchapter sions of facility services to or from the
may, with approval of the Coast Guard, vessel.
designate only those portions of their Vessel-to-port interface means the
facility that are directly connected to interaction that occurs when a vessel
maritime transportation or are at risk is directly and immediately affected by
of being involved in a transportation actions involving the movement of per-
security incident as their secure areas. sons, cargo, vessel stores, or the provi-
Security sweep means a walkthrough sions of port services to or from the
to visually inspect unrestricted areas vessel.
to identify unattended packages, brief-
Vessel Security Assessment (VSA)
cases, or luggage and determine that
means an analysis that examines and
all restricted areas are secure.
Security system means a device or evaluates the vessel and its operations
multiple devices designed, installed taking into account possible threats,
and operated to monitor, detect, ob- vulnerabilities, consequences, and ex-
serve or communicate about activity isting protective measures, procedures
that may pose a security threat in a lo- and operations.
cation or locations on a vessel or facil- Vessel Security Plan (VSP) means the
ity. plan developed to ensure the applica-
Sensitive security information (SSI) tion of security measures designed to
means information within the scope of protect the vessel and the facility that
49 CFR part 1520. the vessel is servicing or interacting
SOLAS means the International Con- with, the vessels cargoes, and persons
vention for the Safety of Life at Sea on board at the respective MARSEC
Convention, 1974, as amended. Levels.
Survey means an on-scene examina- Vessel Security Officer (VSO) means
tion and evaluation of the physical the person onboard the vessel, account-
characteristics of a vessel or facility, able to the Master, designated by the
and its security systems, processes, Company as responsible for security of
procedures, and personnel. the vessel, including implementation
Transportation security incident (TSI) and maintenance of the Vessel Secu-
means a security incident resulting in rity Plan, and for liaison with the Fa-
a significant loss of life, environmental cility Security Officer and the vessels
damage, transportation system disrup- Company Security Officer.
tion, or economic disruption in a par- Vessel stores means
ticular area. (1) Materials that are on board a ves-
TWIC means a valid, non-revoked sel for the upkeep, maintenance, safe-
transportation worker identification ty, operation or navigation of the ves-
credential, as defined and explained in sel; and
49 CFR part 1572.
(2) Materials for the safety or com-
TWIC Program means those proce-
fort of the vessels passengers or crew,
dures and systems that a vessel, facil-
ity, or outer continental shelf facility including any provisions for the ves-
(OCS) must implement in order to as- sels passengers or crew.
sess and validate TWICs when main- Vessel-to-vessel activity means any ac-
taining access control. tivity not related to a facility or port
Unaccompanied baggage means any that involves the transfer of cargo, ves-
baggage, including personal effects, sel stores, or persons from one vessel to
that is not being brought on board on another.
behalf of a person who is boarding the Waters subject to the jurisdiction of the
vessel. U.S., for purposes of this subchapter,
Unescorted access means having the includes all waters described in section
authority to enter and move about a 2.36(a) of this chapter; the Exclusive
secure area without escort. Economic Zone, in respect to the living
Vessel-to-facility interface means the and non-living resources therein; and,
interaction that occurs when a vessel in respect to facilities located on the
323
101.110 33 CFR Ch. I (7112 Edition)
Outer Continental Shelf of the U.S., Conference resolution 2, Adop- 101.410; 101.505;
tion of the International 104.105; 104.115;
the waters superjacent thereto. Code for the Security of 104.120; 104.297;
[USCG200314792, 68 FR 39278, July 1, 2003, as Ships and of Port Facilities, 104.400.
amended at 68 FR 60470, Oct. 22, 2003; USCG parts A and B, adopted on
December 12, 2002 (ISPS
200418057, 69 FR 34925, June 23, 2004; USCG Code).
200624196, 72 FR 3577, Jan. 25, 2007; USCG
200624196, 72 FR 55048, Sept. 28, 2007; USCG [USCG200314792, 68 FR 39278, July 1, 2003, as
20080179, 73 FR 35009, June 19, 2008; USCG amended at 69 FR 18803, Apr. 9, 2004; USCG
200624196, 74 FR 13116, Mar. 26, 2009; USCG 20100351, 75 FR 36282, June 25, 2010]
200624371, 74 FR 11211, Mar. 16, 2009; USCG
20110257, 76 FR 31836, June 2, 2011] 101.120 Alternatives.
101.110 Applicability. (a) Alternative Security Agreements. (1)
Unless otherwise specified, this sub- The U.S. may conclude in writing, as
chapter applies to vessels, structures, provided in SOLAS Chapter XI2, Regu-
and facilities of any kind, located lation 11 (Incorporated by reference,
under, in, on, or adjacent to waters see 101.115), a bilateral or multilateral
subject to the jurisdiction of the U.S. agreements with other Contracting
Governments to SOLAS on Alternative
101.115 Incorporation by reference. Security Arrangements covering short
(a) Certain material is incorporated international voyages on fixed routes
by reference into this subchapter with between facilities subject to the juris-
the approval of the Director of the Fed- diction of the U.S. and facilities in the
eral Register under 5 U.S.C. 552(a) and territories of those Contracting Gov-
1 CFR part 51. To enforce any edition ernments.
other than that specified in paragraph (2) As further provided in SOLAS
(b) of this section, the Coast Guard Chapter XI2, Regulation 11, a vessel
must publish notice of change in the covered by such an agreement shall not
FEDERAL REGISTER and the material conduct any vessel-to-vessel activity
must be available to the public. All ap- with any vessel not covered by the
proved material is on file at the Office agreement.
of the Coast Guard Port Security Di- (b) Alternative Security Programs. (1)
rectorate (CG-54), Coast Guard Head- Owners and operators of vessels and fa-
quarters, 2100 2nd St., SW., Stop 7581, cilities required to have security plans
Washington, DC 205937581, or at the under part 104, 105, or 106 of this sub-
National Archives and Records Admin- chapter, other than vessels that are
istration (NARA). For information on subject to SOLAS Chapter XI, may
the availability of this material at meet an Alternative Security Program
NARA, call 2027416030, or go to: http:// that has been reviewed and approved
www.archives.gov/federallregister/ by the Commandant (CG-54) as meeting
codeloflfederallregulations/ the requirements of part 104, 105, or 106,
ibrllocations.html. All material is as applicable.
available from the sources indicated in (2) Owners or operators must imple-
paragraph (b) of this section. ment an approved Alternative Security
(b) The materials approved for incor- Program in its entirety to be deemed
poration by reference in this sub- in compliance with either part 104, 105,
chapter are as follows: or 106.
(3) Owners or operators who have im-
INTERNATIONAL MARITIME ORGANIZATION plemented an Alternative Security
(IMO) Program must send a letter to the ap-
Publication Section, 4 Albert Embank- propriate plan approval authority
ment, London SE1 7SR, United Kingdom. under part 104, 105, or 106 of this sub-
Conference resolution 1, Adop- 101.120; 101.310; chapter identifying which Alternative
tion of amendments to the 101.410; 101.505; Security Program they have imple-
Annex to the International 104.105; 104.115;
Convention for the Safety of 104.120; 104.297; mented, identifying those vessels or fa-
Life at Sea, 1974, and 104.400. cilities that will implement the Alter-
amendments to Chapter XI native Security Program, and attesting
of SOLAS 1974, adopted De-
cember 12, 2002, (SOLAS
that they are in full compliance there-
Chapter XI1 or SOLAS with. A copy of this letter shall be re-
Chapter XI2). tained on board the vessel or kept at
324
the facility to which it pertains along (CG-54) allows a shorter period. The
with a copy of the Alternative Security Commandant (CG-54) will approve or
Program and a vessel, facility, or Outer disapprove the proposed amendment in
Continental Shelf facility specific secu- accordance with paragraph (f) of this
rity assessment report generated under section.
the Alternative Security Program. (e) Validity of Alternative Security Pro-
(4) Owners or operators shall make gram. An Alternative Security Program
available to the Coast Guard, upon re- approved under this section is valid for
quest, any information related to im- 5 years from the date of its approval.
plementation of an approved Alter- (f) The Commandant (CG-54) will ex-
native Security Program. amine each submission for compliance
(c) Approval of Alternative Security with this part, and either:
Programs. You must submit to the (1) Approve it and specify any condi-
Commandant (CG-54) for review and ap- tions of approval, returning to the sub-
proval the Alternative Security Pro- mitter a letter stating its acceptance
gram and the following information to and any conditions;
assess the adequacy of the proposed Al- (2) Return it for revision, returning a
ternative Security Program: copy to the submitter with brief de-
(1) A list of the vessel and facility scriptions of the required revisions; or
type that the Alternative Security (3) Disapprove it, returning a copy to
Program is intended to apply; the submitter with a brief statement of
(2) A security assessment for the ves- the reasons for disapproval.
sel or facility type;
[USCG200314792, 68 FR 39278, July 1, 2003, as
(3) Explanation of how the Alter-
amended at 68 FR 60471, Oct. 22, 2003]
native Security Program addresses the
requirements of parts 104, 105, or 106, as 101.125 Approved Alternative Secu-
applicable; and rity Programs.
(4) Explanation of how owners and
The following have been approved, by
operators must implement the Alter-
the Commandant (CG-54), as Alter-
native Security Program in its en-
native Security Programs, which may
tirety, including performing an oper-
be used by vessel or facility owners or
ational and vessel or facility specific
operators to meet the provisions of
assessment and verification of imple-
parts 104, 105, or 106 of this subchapter,
mentation.
as applicable:
(d) Amendment of Approved Alternative
(a) American Gaming Association Al-
Security Programs. (1) Amendments to
ternative Security Program, dated Sep-
an Alternative Security Program ap-
tember 11, 2003.
proved under this section may be initi-
(b) American Waterways Operators
ated by
Alternative Security Program for Tug-
(i) The submitter of an Alternative
boats, and Towboats and Barges, dated
Security Program under paragraph (c)
September 24, 2003.
of this section; or
(c) Passenger Vessel Association In-
(ii) The Coast Guard upon a deter-
dustry Standards for Security of Pas-
mination that an amendment is needed
senger Vessels and Small Passenger
to maintain the security of a vessel or
Vessels, dated September 17, 2003.
facility. The Coast Guard will give the
submitter of an Alternative Security [USCG200314792, 68 FR 60472, Oct. 22, 2003]
Program written notice and request
that the submitter propose amend- 101.130 Equivalent security meas-
ments addressing any matters specified ures.
in the notice. The submitter will have (a) For any measure required by part
at least 60 days to submit its proposed 104, 105, or 106 of this subchapter, the
amendments. owner or operator may substitute an
(2) Proposed amendments must be equivalent security measure that has
sent to the Commandant (CG-54). If ini- been approved by the Commandant
tiated by the submitter, the proposed (CG-54) as meeting or exceeding the ef-
amendment must be submitted at least fectiveness of the required measure.
30 days before the amendment is to The Commandant (CG-54) may require
take effect unless the Commandant that the owner or operator provide
325
101.200 33 CFR Ch. I (7112 Edition)
data for use in assessing the effective- Table 101.205, titled Relation between
ness of the proposed equivalent secu- HSAS and MARSEC Levels in this
rity measure. section, shows this alignment.
(b) Requests for approval of equiva-
lent security measures should be made TABLE 101.205RELATION BETWEEN HSAS
to the appropriate plan approval au- AND MARSEC LEVELS
thority under parts 104, 105 or 106 of Homeland security advisory sys- Equivalent maritime secu-
this subchapter. tem (HSAS) threat condition rity (MARSEC) level
Low: Green ................................. MARSEC Level 1.

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

101.200 MARSEC Levels.
Severe: Red ............................... MARSEC Level 3.
(a) MARSEC Levels advise the mari-
time community and the public of the
level of risk to the maritime elements [USCG200314792, 68 FR 39278, July 1, 2003, as
of the national transportation system. amended at 68 FR 60472, Oct. 22, 2003]
Ports, under direction of the local
COTP, will respond to changes in the Subpart CCommunication
MARSEC Level by implementing the (PortFacilityVessel)
measures specified in the AMS Plan.
Similarly, vessels and facilities re- 101.300 Preparedness communica-
quired to have security plans under tions.
part 104, 105, or 106 of this subchapter (a) Notification of MARSEC Level
shall implement the measures specified change. The COTP will communicate
in their security plans for the applica- any changes in the MARSEC Levels
ble MARSEC Level. through a local Broadcast Notice to
(b) Unless otherwise directed, each Mariners, an electronic means, if avail-
port, vessel, and facility shall operate able, or as detailed in the AMS Plan.
at MARSEC Level 1. (b) Communication of threats. When
(c) The Commandant will set the the COTP is made aware of a threat
MARSEC Level consistent with the that may cause a transportation secu-
equivalent Homeland Security Advi- rity incident, the COTP will, when ap-
sory System (HSAS) Threat Condition propriate, communicate to the port
and that Threat Conditions scope of stakeholders, vessels, and facilities in
application. Notwithstanding the his or her AOR the following details:
HSAS, the Commandant retains discre- (1) Geographic area potentially im-
tion to adjust the MARSEC Level when pacted by the probable threat;
necessary to address any particular se- (2) Any appropriate information iden-
curity concerns or circumstances re- tifying potential targets;
lated to the maritime elements of the (3) Onset and expected duration of
national transportation system. probable threat;
(d) The COTP may temporarily raise (4) Type of probable threat; and
the MARSEC Level for the port, a spe- (5) Required actions to minimize
cific marine operation within the port, risk.
or a specific industry within the port, (c) Attainment. (1) Each owner or op-
when necessary to address an exigent erator of a vessel or facility required to
circumstance immediately affecting have a security plan under parts 104 or
the security of the maritime elements 105 of this subchapter affected by a
of the transportation system in his/her change in the MARSEC Level must en-
area of responsibility. sure confirmation to their local COTP
the attainment of measures or actions
101.205 Department of Homeland Se- described in their security plan and
curity alignment. any other requirements imposed by the
The MARSEC Levels are aligned with COTP that correspond with the
the Department of Homeland Secu- MARSEC Level being imposed by the
ritys Homeland Security Advisory change.
System (HSAS), established by Home- (2) Each owner or operator of a facil-
land Security Presidential Directive 3. ity required to have a security plan
326
under part 106 of this subchapter af- (d) Callers to the National Response
fected by a change in the MARSEC Center should be prepared to provide as
Level must ensure confirmation to much of the following information as
their cognizant District Commander possible:
the attainment of measures or actions (1) Their own name and contact in-
described in their security plan and formation;
any other requirements imposed by the (2) The name and contact informa-
District Commander or COTP that cor- tion of the suspicious or responsible
respond with the MARSEC Level being party;
imposed by the change. (3) The location of the incident, as
specifically as possible; and
[USCG200314792, 68 FR 39278, July 1, 2003, as (4) The description of the incident or
amended at 68 FR 60472, Oct. 22, 2003]
activity involved.
101.305 Reporting. [USCG200314792, 68 FR 39278, July 1, 2003, as
(a) Notification of suspicious activities. June 23, 2004; USCG200521531, 70 FR 36349,
An owner or operator required to have June 23, 2005; USCG200625150, 71 FR 39208,
a security plan under part 104, 105, or July 12, 2006; USCG20080179, 73 FR 35009,
106 of this subchapter shall, without June 19, 2008]
delay, report activities that may result
in a transportation security incident to 101.310 Additional communication
the National Response Center at the devices.
following toll free telephone: 1800424 (a) Alert Systems. Alert systems, such
8802, direct telephone 2022672675, or as the ship security alert system re-
TDD 2022674477. Any other person or quired in SOLAS Chapter XI2, Regula-
entity is also encouraged to report action 6 (Incorporated by reference, see
tivities that may result in a transpor- 101.115), may be used to augment com-
tation security incident to the Na- munication and may be one of the com-
tional Response Center. munication methods listed in a vessel
(b) Notification of breaches of security. or facility security plan under part 104,
An owner or operator required to have 105, or 106 of this subchapter.
a security plan under parts 104, 105, or (b) Automated Identification Systems
106 of this subchapter shall, without (AIS). AIS may be used to augment
delay, report breaches of security to communication, and may be one of the
the National Response Center via one communication methods listed in a
of the means listed in paragraph (a) of vessel security plan under part 104 of
this section. this subchapter. See 33 CFR part 164 for
(c) Notification of transportation secu- additional information on AIS device
rity incident (TSI). (1) Any owner or op- requirements.
erator required to have a security plan
under part 104 or 105 of this subchapter Subpart DControl Measures for
shall, without delay, report a TSI to Security
their local COTP and immediately
thereafter begin following the proce- 101.400 Enforcement.
dures set out in their security plan, (a) The rules and regulations in this
which may include contacting the Na- subchapter are enforced by the COTP
tional Response Center via one of the under the supervision and general di-
means listed in paragraph (a) of this rection of the District Commander,
section. Area Commander, and the Com-
(2) Any owner or operator required to mandant. All authority and power
have a security plan under part 106 of vested in the COTP by the rules and
this subchapter shall, without delay, regulations in this subchapter is also
report a TSI to their cognizant District vested in, and may be exercised by, the
Commander and immediately there- District Commander, Area Commander,
after begin following the procedures set and the Commandant.
out in their security plan, which may (b) The COTP, District Commander,
include contacting the National Re- Area Commander, or Commandant may
sponse Center via one of the means assign the enforcement authority de-
listed in paragraph (a) of this section. scribed in paragraph (a) of this section
327
101.405 33 CFR Ch. I (7112 Edition)
to any other officer or petty officer of subchapter that receives a MARSEC

the Coast Guard or other designees au- Directive must:
thorized by the Commandant. (1) Within the time prescribed in the
(c) The provisions in this subchapter MARSEC Directive, acknowledge re-
do not limit the powers conferred upon ceipt of the MARSEC Directive to their
Coast Guard commissioned, warrant, or local COTP or, if a facility regulated
petty officers by any other law or regu- under part 106 of this subchapter, to
lation, including but not limited to 33 their cognizant District Commander;
CFR parts 6, 160, and 165. and
(2) Within the time prescribed in the
101.405 Maritime Security (MARSEC) MARSEC Directive, specify the method
Directives. by which the measures in the MARSEC
Directive have been implemented (or
(a)(1) When the Coast Guard deter-
will be implemented, if the MARSEC
mines that additional security meas-
Directive is not yet effective).
ures are necessary to respond to a (d) In the event that the owner or op-
threat assessment or to a specific erator of a vessel or facility required to
threat against the maritime elements have a security plan under part 104, 105,
of the national transportation system, or 106 of this subchapter is unable to
the Coast Guard may issue a MARSEC implement the measures in the
Directive setting forth mandatory MARSEC Directive, the owner or oper-
measures. Only the Commandant or ator must submit proposed equivalent
his/her delegee may issue MARSEC Di- security measures and the basis for
rectives under this section. Prior to submitting the equivalent security
issuing a MARSEC Directive, the Com- measures to the COTP or, if a facility
mandant or his/her delegee will consult regulated under part 106 of this sub-
with those Federal agencies having an chapter, to their cognizant District
interest in the subject matter of that Commander, for approval.
MARSEC Directive. All MARSEC Di- (e) The owner or operator must sub-
rectives issued under this section shall mit the proposed equivalent security
be marked as sensitive security infor- measures within the time prescribed in
mation (SSI) in accordance with 49 the MARSEC Directive. The owner or
CFR part 1520. operator must implement any equiva-
(2) When a MARSEC Directive is lent security measures approved by the
issued, the Coast Guard will imme- COTP, or, if a facility regulated under
diately publish a notice in the FEDERAL part 106 of this subchapter, by their
REGISTER, and affected owners and op- cognizant District Commander.
erators will need to go to their local
[USCG200314792, 68 FR 39278, July 1, 2003, as
COTP or cognizant District Com- amended at 68 FR 60472, Oct. 22, 2003]
mander to acquire a copy of the
MARSEC Directive. COTPs and Dis- 101.410 Control and Compliance
trict Commanders will require owners Measures.
or operators to prove that they are a (a) The COTP may exercise authority
person required by 49 CFR 1520.5(a) to pursuant to 33 CFR parts 6, 160 and 165,
restrict disclosure of and access to sen- as appropriate, to rectify non-compli-
sitive security information, and that ance with this subchapter. COTPs or
under 49 CFR 1520.5(b), they have a their designees are the officers duly au-
need to know sensitive security infor- thorized to exercise control and com-
mation. pliance measures under SOLAS Chap-
(b) Each owner or operator of a vessel ter XI2, Regulation 9, and the ISPS
or facility to whom a MARSEC Direc- Code (Incorporated by reference, see
tive applies is required to comply with 101.115).
the relevant instructions contained in (b) Control and compliance measures
a MARSEC Directive issued under this for vessels not in compliance with this
section within the time prescribed by subchapter may include, but are not
that MARSEC Directive. limited to, one or more of the fol-
(c) Each owner or operator of a vessel lowing:
or facility required to have a security (1) Inspection of the vessel;
plan under parts 104, 105 or 106 of this (2) Delay of the vessel;
328
(3) Detention of the vessel; ministration of this provision will be in

(4) Restriction of vessel operations; accordance with 33 CFR 1.07.
(5) Denial of port entry; [USCG200314792, 68 FR 39278, July 1, 2003, as
(6) Expulsion from port; amended by USCG20080179, 73 FR 35009,
(7) Lesser administrative and correc- June 19, 2008]
tive measures; or
(8) Suspension or revocation of a se-
curity plan approved by the U.S., (a) Any person directly affected by a
thereby making that vessel ineligible decision or action taken by a COTP
to operate in, on, or under waters sub- under this subchapter, may appeal that
ject to the jurisdiction of the U.S. in action or decision to the cognizant Dis-
trict Commander according to the pro-
accordance with 46 U.S.C. 70103(c)(5).
cedures in 46 CFR 1.0315.
(c) Control and compliance measures (b) Any person directly affected by a
for facilities not in compliance with decision or action taken by a District
this subchapter may include, but are Commander, whether made under this
not limited to, one or more of the fol- subchapter generally or pursuant to
lowing: paragraph (a) of this section, with the
(1) Restrictions on facility access; exception of those decisions made
(2) Conditions on facility operations; under 101.410 of this subpart, may ap-
(3) Suspension of facility operations; peal that decision or action to the
(4) Lesser administrative and correc- Commandant (CG-54), according to the
tive measures; or procedures in 46 CFR 1.0315. Appeals of
(5) Suspension or revocation of secu- District Commander decisions or ac-
rity plan approval, thereby making tions made under 101.410 of this sub-
that facility ineligible to operate in, part should be made to the Com-
on, under or adjacent to waters subject mandant (CG-543), according to the
to the jurisdiction of the U.S. in ac- procedures in 46 CFR 1.0315.
(c) Any person directly affected by a
cordance with 46 U.S.C. 70103(c)(5).
decision or action taken by the Com-
(d) Control and compliance measures manding Officer, Marine Safety Center,
under this section may be imposed on a under this subchapter, may appeal that
vessel when it has called on a facility action or decision to the Commandant
or at a port that does not maintain (CG-54) according to the procedures in
adequate security measures to ensure 46 CFR 1.0315.
that the level of security to be (d) Decisions made by Commandant
achieved by this subchapter has not (CG-54), whether made under this sub-
been compromised. chapter generally or pursuant to the
[USCG200314792, 68 FR 39278, July 1, 2003, as
appeal provisions of this section, are
amended at 68 FR 60472, Oct. 22, 2003] considered final agency action.
[USCG200314792, 68 FR 39278, July 1, 2003, as
101.415 Penalties. amended at 68 FR 60472, Oct. 22, 2003; 68 FR
62502, Nov. 4, 2003; USCG20080179, 73 FR
(a) Civil and criminal penalty. Viola-
35009, June 19, 2008]
tion of any order or other requirement
imposed under section 101.405 of this
part is punishable by the civil and
Subpart EOther Provisions
criminal penalties prescribed in 33 101.500 Procedures for authorizing a
U.S.C. 1232 or 50 U.S.C. 192, as appro- Recognized Security Organization
priate. (RSO). [Reserved]
(b) Civil penalty. As provided in 46
101.505 Declaration of Security
U.S.C. 70119, any person who does not (DoS).
comply with any other applicable re-
quirement under this subchapter, in- (a) The purpose of a DoS, as described
cluding a Maritime Security Directive, in SOLAS Chapter XI2, Regulation 10,
shall be liable to the U.S. for a civil and the ISPS Code (Incorporated by
reference, see 101.115), is to state the
penalty of not more than $ 25,000 for
agreement reached between a vessel
each violation. Enforcement and ad-
and a facility, or between vessels in the
329
101.510 33 CFR Ch. I (7112 Edition)
case of a vessel-to-vessel activity, as to 101.514 TWIC Requirement.

the respective security measures each
(a) All persons requiring unescorted
must undertake during a specific ves- access to secure areas of vessels, facili-
sel-to-facility interface, during a series ties, and OCS facilities regulated by
of interfaces between the vessel and parts 104, 105 or 106 of this subchapter
the facility, or during a vessel-to-ves- must possess a TWIC before such access
sel activity. is granted, except as otherwise noted in
(b) Details as to who must complete this section. A TWIC must be obtained
a DoS, when a DoS must be completed, via the procedures established by TSA
and how long a DoS must be retained in 49 CFR part 1572.
are included in parts 104 through 106 of (b) Federal officials are not required
this subchapter. A DoS must, at a min- to obtain or possess a TWIC. Except in
imum, include the information found cases of emergencies or other exigent
in the ISPS Code, part B, appendix 1 circumstances, in order to gain
(Incorporated by reference, see unescorted access to a secure area of a
101.115). vessel, facility, or OCS facility regu-
(c) All vessels and facilities required lated by parts 104, 105 or 106 of this sub-
to comply with parts 104, 105, and 106 of chapter, a federal official must present
this subchapter must, at a minimum, his/her agency issued, HSPD 12 compli-
comply with the DoS requirements of ant credential. Until each agency
the MARSEC Level set for the port. issues its HSPD 12 compliant cards,
Federal officials may gain unescorted
(d) The COTP may also require a DoS
access by using their agencys official
be completed for vessels and facilities
credential. The COTP will advise facili-
during periods of critical port oper-
ties and vessels within his or her area
ations, special marine events, or when of responsibility as agencies come into
vessels give notification of a higher compliance with HSPD 12.
MARSEC Level than that set in the (c) Law enforcement officials at the
COTPs Area of Responsibility (AOR). State or local level are not required to
[USCG200314792, 68 FR 39278, July 1, 2003, as obtain or possess a TWIC to gain
amended at 68 FR 60472, Oct. 22, 2003] unescorted access to secure areas. They
may, however, voluntarily obtain a
101.510 Assessment tools. TWIC where their offices fall within or
Ports, vessels, and facilities required where they require frequent unescorted
to conduct security assessments by access to a secure area of a vessel, fa-
cility or OCS facility.
part 103, 104, 105, or 106 of this sub-
(d) Emergency responders at the
chapter may use any assessment tool
State, or local level are not required to
that meets the standards set out in
obtain or possess a TWIC to gain
part 103, 104, 105, or 106, as applicable.
unescorted access to secure areas dur-
These tools may include USCG assessing an emergency situation. They may,
ment tools, which are available from however, voluntarily obtain a TWIC
the cognizant COTP or at http:// where their offices fall within or where
www.uscg.mil/hq/g-m/nvic, as set out in they desire frequent unescorted access
the following: to a secure area of a vessel, facility or
(a) Navigation and Vessel Inspection OCS facility in non-emergency situa-
Circular titled, Guidelines for Port tions.
Security Committees, and Port Secu- (e) Before April 15, 2009, mariners do
rity Plans Required for U.S. Ports not need to obtain or possess a TWIC
(NVIC 902 change 2); but may be provided unescorted access
(b) Navigation and Vessel Inspection to secure areas of vessels, facilities,
Circular titled, Security Guidelines and OCS facilities regulated by parts
for Vessels, (NVIC 1002 change 1); and 104, 105 or 106 of this subchapter if they
(c) Navigation and Vessel Inspection are able to show one of the following:
Circular titled, Security Guidelines (1) A valid Merchant Mariner Docu-
for Facilities, (NVIC 1102 change 1). ment (MMD);
(2) A valid Merchant Mariner License
[USCG20120306, 77 FR 37313, June 21, 2012] and a valid photo identification; or
330
(3) A valid Certificate of Registry and (2) Each person who has been issued
a valid photo identification. or who possesses a TWIC must allow
his or her TWIC to be read by a reader
[USCG200624196, 72 FR 3578, Jan. 25, 2007, as
amended at 73 FR 25565, May 7, 2008]
and must submit his or her reference
biometric, such as a fingerprint, and
101.515 TWIC/Personal Identification. any other required information, such
as a PIN, to the reader, upon a request
(a) Persons not described in 101.514 from TSA, the Coast Guard, other au-
of this part shall be required to present thorized DHS representative; or a Fed-
personal identification in order to gain eral, State, or local law enforcement
entry to a vessel, facility, and OCS fa- officer.
cility regulated by parts 104, 105 or 106
of this subchapter. These individuals [USCG200624196, 72 FR 3578, Jan. 25, 2007]
must be under escort, as that term is
defined in 101.105 of this part, while PART 102MARITIME SECURITY:
inside a secure area. This personal NATIONAL MARITIME TRANSPOR-
identification must, at a minimum, TATION SECURITY [RESERVED]
meet the following requirements:
(1) Be laminated or otherwise secure
against tampering;
PART 103MARITIME SECURITY:
(2) Contain the individuals full name
AREA MARITIME SECURITY
(full first and last names, middle ini-
Subpart AGeneral
tial is acceptable);
(3) Contain a photo that accurately Sec.
depicts that individuals current facial 103.100 Applicability.
appearance; and 103.105 Definitions.
(4) Bear the name of the issuing au-
Subpart BFederal Maritime Security Co-
thority.
ordinator (FMSC) Designation and Au-
(b) The issuing authority in para-
thorities
graph (a)(4) of this section must be:
(1) A government authority, or an or- 103.200 Designation of the Federal Maritime
ganization authorized to act of behalf Security Coordinator (FMSC).
of a government authority; or 103.205 Authority of the COTP as the Fed-
(2) The individuals employer, union, eral Maritime Security Coordinator
(FMSC).
or trade association.
(c) Vessel, facility, and OCS facility Subpart CArea Maritime Security (AMS)
owners and operators must permit law Committee
enforcement officials, in the perform-
ance of their official duties, who 103.300 Area Maritime Security (AMS) Com-
present proper identification in accord- mittee.
103.305 Composition of an Area Maritime
ance with this section and 101.514 of
Security (AMS) Committee.
this part to enter or board that vessel, 103.310 Responsibilities of the Area Mari-
facility, or OCS facility at any time, time Security (AMS) Committee.
without delay or obstruction. Law en-
forcement officials, upon entering or Subpart DArea Maritime Security (AMS)
boarding a vessel, facility, or OCS fa- Assessment
cility, will, as soon as practicable, ex-
103.400 General.
plain their mission to the Master,
103.405 Elements of the Area Maritime Se-
owner, or operator, or their designated curity (AMS) Assessment.
agent. 103.410 Persons involved in the Area Mari-
(d) Inspection of credential. (1) Each time Security (AMS) Assessment.
person who has been issued or possesses
a TWIC must present the TWIC for in- Subpart EArea Maritime Security (AMS)
spection upon a request from TSA, the Plan
Coast Guard, or other authorized DHS 103.500 General.
representative; an authorized rep- 103.505 Elements of the Area Maritime Se-
resentative of the National Transpor- curity (AMS) Plan.
tation Safety Board; or a Federal, 103.510 Area Maritime Security (AMS) Plan
State, or local law enforcement officer. review and approval.
331
103.100 33 CFR Ch. I (7112 Edition)
103.515 Exercises. Subpart CArea Maritime
103.520 Recordkeeping.
Security (AMS) Committee
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C.
70102, 70103, 70104, 70112; 50 U.S.C. 191; 33 CFR 103.300 Area Maritime Security
1.051, 6.0411, 6.14, 6.16, and 6.19; Department (AMS) Committee.
of Homeland Security Delegation No. 0170.1.
(a) The AMS Committee is estab-
SOURCE: USCG200314733, 68 FR 39290, July lished under the direction of the COTP
1, 2003, unless otherwise noted.
and shall assist in the development, re-
view, and update of the AMS Plan for
Subpart AGeneral their area of responsibility. For the
purposes of this subchapter, Port Secu-
103.100 Applicability. rity Committees that were established
This part applies to all vessels and prior to July 1, 2003, according to guid-
facilities located in, on, under, or adja- ance issued by the Coast Guard, may be
cent to waters subject to the jurisdic- considered AMS Committees, provided
tion of the U.S. they conform to the procedures estab-
lished by this part and satisfy the
103.105 Definitions. membership requirements of 103.305 of
Except as specifically stated in this this part.
subpart, the definitions in part 101 of (b) The AMS Committee will operate
this subchapter apply to this part. under terms specified in a written
charter. At a minimum, the charter
Subpart BFederal Maritime Se- must address:
curity Coordinator (FMSC) (1) The AMS Committees purpose
Designation and Authorities and geographic area of responsibility;
(2) Rules for membership;
103.200 Designation of the Federal (3) The AMS Committees organiza-
Maritime Security Coordinator tional structure and procedural rules of
(FMSC). order;
The COTPs are the Federal Maritime (4) Frequency of meetings, to include
Security Coordinators for their respec- not less than once in a calendar year or
tive COTP zones described in 33 CFR when requested by a majority of the
part 3, including all ports and areas lo- AMS Committee members;
cated therein. (5) Guidelines for public access to
AMS Committee meetings and records;
103.205 Authority of the COTP as the and
Federal Maritime Security Coordi- (6) Rules for handling and protecting
nator (FMSC). classified, sensitive security, commer-
(a) Without limitation to the author- cially sensitive, and proprietary infor-
ity vested in the COTP by statute or mation.
regulation, and in addition to author-
ity prescribed elsewhere in this part, 103.305 Composition of an Area Mari-
the COTP as the FMSC is authorized time Security (AMS) Committee.
to: (a) An AMS Committee will be com-
(1) Establish, convene, and direct the posed of not less than seven members
Area Maritime Security (AMS) Com- having an interest in the security of
mittee; the area and who may be selected
(2) Appoint members to the AMS from
Committee; (1) The Federal, Territorial, or Tribal
(3) Develop and maintain, in coordi- government;
nation with the AMS Committee, the (2) The State government and polit-
AMS Plan; ical subdivisions thereof;
(4) Implement and exercise the AMS (3) Local public safety, crisis man-
Plan; and agement and emergency response agen-
(5) Maintain the records required by cies;
103.520 of this part. (4) Law enforcement and security or-
(b) The authorizations in paragraph ganizations;
(a) of this section do not limit any (5) Maritime industry, including
other existing authority of the COTP. labor;
332
(6) Other port stakeholders having a specified in 103.310 of this part and
special competence in maritime secu- 101.510 of this subchapter, incor-
rity; and porating the elements specified in
(7) Port stakeholders affected by se- 103.405 of this part.
curity practices and policies. (b) AMS Assessments can be com-
(b) At least seven of the members pleted by the COTP, the AMS Com-
must each have 5 or more years of ex- mittee, a Coast Guard Port Security
perience related to maritime or port Assessment team, or by another third
security operations. party approved by the AMS Com-
(c) Members appointed under this mittee.
section serve for a term of not more (c) Upon completion of each AMS As-
than five years. In appointing mem- sessment, a written report, which is
bers, the FMSC should consider the designated sensitive security informa-
skills required by 103.410 of this part. tion, must be prepared consisting of:
With the exception of credentialed Fed- (1) A summary of how the AMS As-
eral, state and local officials, all AMS sessment was conducted;
Committee members shall have a (2) A description of each vulner-
name-based terrorist check from TSA, ability and consequences found during
hold a TWIC, or have passed a com- the AMS Assessment; and
parable security threat assessment, if (3) A description of risk reduction
they need access to SSI as determined strategies that could be used to ensure
by the FMSC. continued operation at an acceptable
[USCG200314733, 68 FR 39290, July 1, 2003, as risk level.
amended at 68 FR 60482, Oct. 22, 2003; USCG
200624196, 72 FR 3579, Jan. 25, 2007] 103.405 Elements of the Area Mari-
time Security (AMS) Assessment.
103.310 Responsibilities of the Area (a) The AMS Assessment must in-
Maritime Security (AMS) Com-
mittee. clude the following elements:
(1) Identification of the critical Ma-
(a) The AMS Committee shall: rine Transportation System infrastruc-
(1) Identify critical port infrastructure and operations in the port;
ture and operations; (2) Threat assessment that identifies
(2) Identify risks (threats, and evaluates each potential threat on
vulnerabilities, and consequences); the basis of various factors, including
(3) Determine mitigation strategies capability and intention;
and implementation methods; (3) Consequence and vulnerability as-
(4) Develop and describe the process sessment for each target/scenario com-
to continually evaluate overall port se- bination; and
curity by considering consequences and (4) A determination of the required
vulnerabilities, how they may change security measures for the three
over time, and what additional mitiga- MARSEC Levels.
tion strategies can be applied; and (b) In order to meet the elements
(5) Provide advice to, and assist the listed in paragraph (a) of this section,
COTP in, developing the AMS Plan. an AMS Assessment should consider
(b) The AMS Committee shall also each of the following:
serve as a link for communicating (1) Physical security of infrastruc-
threats and changes in MARSEC Lev- ture and operations at the port;
els, and disseminating appropriate se- (2) Structures considered critical for
curity information to port stake- the continued operation of the port;
holders. (3) Existing security systems and
equipment available to protect mari-
Subpart DArea Maritime time personnel;
Security (AMS) Assessment (4) Procedural policies;
(5) Radio and telecommunication sys-
103.400 General. tems, including computer systems and
(a) The Area Maritime Security networks;
(AMS) Committee will ensure that a (6) Relevant transportation infra-
risk based AMS Assessment, is com- structure;
pleted and meets the requirements (7) Utilities;
333
103.410 33 CFR Ch. I (7112 Edition)
(8) Security resources and capabili- must be consistent with the National
ties; and Maritime Transportation Security
(9) Other areas that may, if damaged, Plan and the National Transportation
pose a risk to people, infrastructure, or Security Plan.
operations within the port. (b) Portions of the AMS Plan may
(c) AMS Assessments are sensitive contain sensitive security information,
security information and must be pro- and those portions must be marked as
tected in accordance with 49 CFR part such and protected in accordance with
1520. 49 CFR part 1520.
103.410 Persons involved in the Area [USCG200314733, 68 FR 39290, July 1, 2003, as
Maritime Security (AMS) Assess- amended at 68 FR 60482, Oct. 22, 2003]
ment.
103.505 Elements of the Area Mari-
The persons carrying out the AMS time Security (AMS) Plan.
Assessment must have the appropriate
skills to evaluate the security of the The AMS Plan should address the fol-
port in accordance with this part. This lowing elements, as applicable:
includes being able to draw upon expert (a) Details of both operational and
assistance in relation to: physical measures that are in place in
(a) Knowledge of current security the port at MARSEC Level 1;
threats and patterns; (b) Details of the additional security
(b) Recognition and detection of dan- measures that enable the port to
gerous substances, and devices; progress, without delay, to MARSEC
(c) Recognition, on a non-discrimina- Level 2 and, when necessary, to
tory basis, of characteristics and be- MARSEC Level 3;
havioral patterns of persons who are (c) Details of the security incident
likely to threaten security; command-and-response structure;
(d) Techniques used to circumvent se- (d) Details for regular audit of the
curity measures; AMS Plan, and for its amendment in
(e) Methods used to cause a transpor- response to experience or changing cir-
tation security incident; cumstances;
(f) Effects of dangerous substances (e) Measures to prevent the introduc-
and devices on structures and port tion of dangerous substances and de-
services; vices into designated restricted areas
(g) Port security requirements; within the port;
(h) Port business practices; (f) Measures to prevent unauthorized
(i) Contingency planning, emergency access to designated restricted areas
preparedness, and response; within the port (e.g., TWIC);
(j) Physical security measures; (g) Procedures and expected time-
(k) Radio and telecommunications frames for responding to security
systems, including computer systems threats or breaches of security, includ-
and networks; ing provisions for maintaining infra-
(l) Transportation and civil engineer- structure and operations in the port;
ing; (h) Procedures for responding to any
(m) Vessel and port operations; and security instructions the Coast Guard
(n) Knowledge of the impact, includ- announces at MARSEC Level 3;
ing cost impacts of implementing secu- (i) Procedures for evacuation within
rity measures on port operations. the port in case of security threats or
breaches of security;
Subpart EArea Maritime Security (j) Procedures for periodic plan re-
(AMS) Plan view, exercise, and updating;
(k) Procedures for reporting trans-
103.500 General. portation security incidents (TSI);
(a) The Area Maritime Security (l) Identification of, and methods to
(AMS) Plan is developed by the COTP, communicate with, Facility Security
in consultation with the AMS Com- Officers (FSO), Company Security Offi-
mittee, and is based on an AMS Assess- cers (CSO), Vessel Security Officers
ment that meets the provisions of sub- (VSO), public safety officers, emer-
part D of this part. The AMS Plan gency response personnel, and crisis
334
management organization representa- 103.515 Exercises.

tives within the port, including 24-hour (a) The COTP shall coordinate with
contact details; the Area Maritime Security (AMS)
(m) Measures to ensure the security Committee to conduct or participate in
of the information contained in the an exercise at least once each calendar
AMS Plan; year, with no more than 18 months be-
(n) Security measures designed to en- tween exercises, to test the effective-
sure effective security of infrastruc- ness of the AMS Plan.
ture, special events, vessels, pas- (b) An exercise may consist of any of
sengers, cargo, and cargo handling the following:
equipment at facilities within the port (1) A tabletop exercise to validate the
not otherwise covered by a Vessel or AMS Plan. No equipment or personnel
Facility Security Plan, approved under deployment is required;
part 104, 105, or 106 of this subchapter; (2) A field training exercise con-
(o) Procedures to be taken when a sisting of personnel deployment and
vessel is at a higher security level than use of security equipment; or
the facility or port it is visiting; (3) A combination of 103.515(b)(1) and
(p) Procedures for responding if a ves- (b)(2).
sel security alert system on board a (c) Upon review by the cognizant Dis-
vessel within or near the port has been trict Commander, and approval by the
activated; cognizant Area Commander, the re-
(q) Procedures for communicating quirements of this section may be sat-
appropriate security and threat infor- isfied by
mation to the public; (1) Participation of the COTP and ap-
propriate AMS Committee members or
(r) Procedures for handling reports
other appropriate port stakeholders in
from the public and maritime industry
an emergency response or crisis man-
regarding suspicious activity;
agement exercise conducted by another
(s) The jurisdiction of Federal, State, governmental agency or private sector
Indian Tribal, and local government entity, provided that the exercise ad-
agencies and law enforcement entities dresses components of the AMS Plan;
over area security related matters; (2) An actual increase in MARSEC
(t) Security resources available for Level; or
incident response and their capabili- (3) Implementation of enhanced secu-
ties; rity measures enumerated in the AMS
(u) Procedures for responding to a Plan during periods of critical port op-
TSI; erations or special marine events.
(v) Procedures to facilitate the recov-
[USCG200314733, 68 FR 39290, July 1, 2003, as
ery of the Marine Transportation Sys- amended at 68 FR 60483, Oct. 22, 2003]
tem after a TSI; and
(w) Identification of any facility oth- 103.520 Recordkeeping.
erwise subject to part 105 of this sub- (a) All records pertaining to the Area
chapter that the COTP has designated Maritime Security (AMS) Assessment
as a public access facility within the and AMS Plan will be retained by the
area, the security measures that must COTP for 5 years.
be implemented at the various (b) Exercise documentation will be
MARSEC Levels, and who is respon- kept by the COTP for 2 years.
sible for implementing those measures.
[USCG200314733, 68 FR 39290, July 1, 2003, as PART 104MARITIME SECURITY:
amended at 68 FR 60482, Oct. 22, 2003; USCG VESSELS
200624196, 72 FR 3579, Jan. 25, 2007]
Subpart AGeneral
103.510 Area Maritime Security
(AMS) Plan review and approval. Sec.
Each AMS Plan will be submitted to 104.105 Applicability.
the cognizant District Commander for 104.106 Passenger access area.
review and then forwarded to the Area 104.107 Employee access area.
Commander for approval. 104.110 Exemptions.
335
104.100 33 CFR Ch. I (7112 Edition)
104.115 Compliance. 11, 6.14, 6.16, and 6.19; Department of Home-
104.120 Compliance documentation. land Security Delegation No. 0170.1.
104.125 Noncompliance.
SOURCE: USCG200314749, 68 FR 39302, July
104.130 Waivers. 1, 2003, unless otherwise noted.
104.135 Equivalents.
104.140 Alternative Security Programs.
104.145 Maritime Security (MARSEC) Direc- Subpart AGeneral
tive.
104.150 Right to appeal. 104.100 Definitions.
Except as specifically stated in this
Subpart BVessel Security Requirements subpart, the definitions in part 101 of
104.200 Owner or operator. this subchapter apply to this part.
104.205 Master.
104.210 Company Security Officer (CSO). 104.105 Applicability.
104.215 Vessel Security Officer (VSO). (a) This part applies to the owner or
104.220 Company or vessel personnel with operator of any:
security duties. (1) Mobile Offshore Drilling Unit
104.225 Security training for all other vessel
personnel.
(MODU), cargo, or passenger vessel
104.230 Drill and exercise requirements. subject to the International Conven-
104.235 Vessel recordkeeping requirements. tion for Safety of Life at Sea, 1974,
104.240 Maritime Security (MARSEC) Level (SOLAS), Chapter XI1 or Chapter XI
coordination and implementation. 2;
104.245 Communications. (2) Foreign cargo vessel greater than
104.250 Procedures for interfacing with fa- 100 gross register tons;
cilities and other vessels. (3) Self-propelled U.S. cargo vessel
104.255 Declaration of Security (DoS). greater than 100 gross register tons
104.260 Security systems and equipment
maintenance.
subject to 46 CFR subchapter I, except
104.265 Security measures for access con- commercial fishing vessels inspected
trol. under 46 CFR part 105;
104.267 Security measures for newly hired (4) Vessel subject to 46 CFR chapter
employees. I, subchapter L;
104.270 Security measures for restricted (5) Passenger vessel subject to 46 CFR
areas. chapter I, subchapter H;
104.275 Security measures for handling (6) Passenger vessel certificated to
cargo. carry more than 150 passengers;
104.280 Security measures for delivery of
(7) Other passenger vessel carrying
vessel stores and bunkers.
104.285 Security measures for monitoring. more than 12 passengers, including at
104.290 Security incident procedures. least one passenger-for-hire, that is en-
104.292 Additional requirementspassenger gaged on an international voyage;
vessels and ferries. (8) Barge subject to 46 CFR chapter I,
104.295 Additional requirementscruise subchapters D or O;
ships. (9) Barge carrying certain dangerous
104.297 Additional requirementsvessels on cargo in bulk or barge that is subject
international voyages. to 46 CFR Chapter I, subchapter I, that
is engaged on an international voyage.
Subpart CVessel Security Assessment
(10) Tankship subject to 46 CFR chap-
(VSA)
ter I, subchapters D or O; and
104.300 General. (11) Towing vessel greater than eight
104.305 Vessel Security Assessment (VSA) meters in registered length that is en-
requirements. gaged in towing a barge or barges sub-
104.310 Submission requirements. ject to this part, except a towing vessel
that
Subpart DVessel Security Plan (VSP) (i) Temporarily assists another vessel
104.400 General. engaged in towing a barge or barges
104.405 Format of the Vessel Security Plan subject to this part;
(VSP). (ii) Shifts a barge or barges subject
104.410 Submission and approval. to this part at a facility or within a
104.415 Amendment and audit. fleeting facility;
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. (iii) Assists sections of a tow through
Chapter 701; 50 U.S.C. 191; 33 CFR 1.051, 6.04 a lock; or
336
(iv) Provides emergency assistance. security measures for access control, of

(b) An owner or operator of any ves- a ferry, passenger vessel, or cruise ship
sel not covered in paragraph (a) of this that is open to passengers. It is not a
section is subject to parts 101 through secure area and does not require a
103 of this subchapter. TWIC for unescorted access.
(c) Foreign Vessels that have on (c) Passenger access areas may not
board a valid International Ship Secu- include any areas defined as restricted
rity Certificate that certifies that the areas in the VSP.
verifications required by part A, Sec-
[USCG200624196, 72 FR 3579, Jan. 25, 2007, as
tion 19.1, of the International Ship and
Port Facility Security (ISPS) Code (In- June 19, 2008]
corporated by reference, see 101.115 of
this subchapter) have been completed 104.107 Employee access area.
will be deemed in compliance with this
(a) A ferry or passenger vessel, ex-
part, except for 104.240, 104.255,
cluding cruise ships, may designate
104.292, and 104.295, as appropriate. This
areas within the vessel as employee ac-
includes ensuring that the vessel meets
cess areas.
the applicable requirements of SOLAS
Chapter XI2 (Incorporated by ref- (b) An employee access area is a de-
erence, see 101.115 of this subchapter) fined space, within the area over which
and the ISPS Code, part A, having the owner or operator has implemented
taken into account the relevant provi- security measures for access control, of
sions of the ISPS Code, part B, and a ferry or passenger vessel that is open
that the vessel is provided with an ap- only to employees and not to pas-
proved security plan. sengers. It is not a secure area and does
(d) The TWIC requirements found in not require a TWIC for unescorted ac-
this part do not apply to foreign ves- cess.
sels. (c) Employee access areas may not
(e) The TWIC requirements found in include any areas defined as restricted
this part do not apply to mariners em- areas in the VSP.
ployed aboard vessels moored at U.S. [USCG200624196, 72 FR 3579, Jan. 25, 2007]
facilities only when they are working
immediately adjacent to their vessels 104.110 Exemptions.
in the conduct of vessel activities. (a) This part does not apply to war-
(f) Except pursuant to international ships, naval auxiliaries, or other ves-
treaty, convention, or agreement to sels owned or operated by a govern-
which the U.S. is a party, this part ment and used only on government
does not apply to any foreign vessel non-commercial service.
that is not destined for, or departing (b) A vessel is not subject to this part
from, a port or place subject to the ju- while the vessel is laid up, dismantled,
risdiction of the U.S. and that is in: or otherwise out of commission.
(1) Innocent passage through the ter-
ritorial sea of the U.S.; or [USCG200314749, 68 FR 60513, Oct. 22, 2003]
(2) Transit through the navigable wa-
ters of the U.S. that form a part of an 104.115 Compliance.
international strait. (a) Vessel owners or operators must
[USCG200314749, 68 FR 39302, July 1, 2003, as
ensure their vessels are operating in
amended at 68 FR 60513, Oct. 22, 2003; USCG compliance with this part.
200418057, 69 FR 34925, June 23, 2004; USCG (b) Owners or operators of foreign
200419963, 70 FR 74669, Dec. 16, 2005; USCG vessels must comply with the fol-
200624196, 72 FR 3579, Jan. 25, 2007] lowing
(1) Vessels subject to the Inter-
104.106 Passenger access area. national Convention for Safety of Life
(a) A ferry, passenger vessel, or at Sea, 1974, (SOLAS), Chapter XI1 or
cruise ship may designate areas within Chapter XI2, must carry on board a
the vessel as passenger access areas. valid International Ship Security Cer-
(b) A passenger access area is a de- tificate that certifies that the
fined space, within the area over which verifications required by part A, Sec-
the owner or operator has implemented tion 19.1, of the International Ship and
337
104.120 33 CFR Ch. I (7112 Edition)
Port Facility Security (ISPS) Code (In- for approval, and that the vessel may
corporated by reference, see 101.115 of continue to operate so long as the ves-
this subchapter) have been completed. sel remains in compliance with the
This includes ensuring that the vessel submitted plan;
meets the applicable requirements of (3) For vessels operating under a
SOLAS Chapter XI2 (Incorporated by Coast Guard-approved Alternative Se-
reference, see 101.115 of this chapter) curity Program as provided in 104.140,
and the ISPS Code, part A, having a copy of the Alternative Security Pro-
taken into account the relevant provi- gram the vessel is using, including a
sions of the ISPS Code, part B, and vessel specific security assessment re-
that the vessel is provided with an ap- port generated under the Alternative
proved security plan. Security Program, as specified in
(2) Vessels not subject to SOLAS 101.120(b)(3) of this subchapter, and a
Chapter XI1 or Chapter XI2, may letter signed by the vessel owner or op-
comply with this part through an Al- erator, stating which Alternative Secu-
ternative Security Program or a bilat- rity Program the vessel is using and
eral arrangement approved by the certifying that the vessel is in full
Coast Guard. If not complying with an compliance with that program; or
approved Alternative Security Pro- (4) For foreign vessels, subject to the
gram or bilateral arrangement, these International Convention for Safety of
vessels must meet the requirements of Life at Sea, 1974, (SOLAS), Chapter XI
paragraph (b) of this section. 1 or Chapter XI2, a valid International
(c) Persons required to obtain a TWIC Ship Security Certificate (ISSC) that
under this part may enroll beginning attests to the vessels compliance with
after the date set by the Coast Guard SOLAS Chapter XI2 and the ISPS
in a Notice to be published in the FED- Code, part A (Incorporated by ref-
ERAL REGISTER. This notice will be di- erence, see 101.115 of this subchapter)
rected to all facilities and vessels with- and is issued in accordance with the
in a specific COTP zone. ISPS Code, part A, section 19. As stat-
(d) By April 15, 2009, vessel owners or ed in Section 9.4 of the ISPS Code, part
operators subject to paragraph (b) of A requires that, in order for the ISSC
this section and not excluded by to be issued, the provisions of part B of
104.105(d) of this part must be oper- the ISPS Code need to be taken into
ating in accordance with the TWIC pro- account.
visions found within this part. (b) Each owner or operator of an un-
manned vessel subject to this part
[USCG200314749, 68 FR 60513, Oct. 22, 2003,
as amended by USCG200418057, 69 FR 34925, must maintain the documentation de-
June 23, 2004; USCG200419963, 70 FR 74669, scribed in paragraphs (a)(1), (2), or (3)
Dec. 16, 2005; USCG200625150, 71 FR 39208, of this section. The letter required by
July 12, 2006; USCG200624196, 72 FR 3579, each of those paragraphs must be car-
Jan. 25, 2007; 73 FR 25565, May 7, 2008] ried on board the vessel. The plan or
program required by each of those
104.120 Compliance documentation. paragraphs must not be carried on
(a) Each vessel owner or operator board the vessel, but must be main-
subject to this part must ensure, on or tained in a secure location. During
before July 1, 2004, that copies of the scheduled inspections, the plan or pro-
following documents are carried on gram must be made available to the
board the vessel and are made avail- Coast Guard upon request.
able to the Coast Guard upon request: (c) Each vessel owner or operator
(1) The approved Vessel Security who designates a passenger or em-
Plan (VSP) and any approved revisions ployee access area (as those terms are
or amendments thereto, and a letter of defined in 104.106 and 104.107 of this
approval from the Commanding Offi- part) on their vessel must keep on
cer, Marine Safety Center (MSC); board the vessel with their approved
(2) The VSP submitted for approval VSP a clear, visual representation
and a current acknowledgement letter (such as a vessel schematic) of where
from the Commanding Officer, MSC, those designated areas fall. This need
stating that the Coast Guard is cur- not be submitted to the Coast Guard
rently reviewing the VSP submitted for approval until incorporated into
338
the VSP at the next VSP submittal (ei- (a) The Alternative Security Pro-
ther renewal or amendment), but must gram is appropriate to that class of
be made available to the Coast Guard vessel;
upon request. (b) The vessel is not subject to the
International Convention for Safety of
[USCG200314749, 68 FR 39302, July 1, 2003, as
Life at Sea, 1974; and
200418057, 69 FR 34925, June 23, 2004; USCG (c) The Alternative Security Pro-
200624196, 72 FR 3579, Jan. 25, 2007] gram is implemented in its entirety.
[USCG200314749, 68 FR 39302, July 1, 2003, as
104.125 Noncompliance. amended at 68 FR 60513, Oct. 22, 2003]
When a vessel must temporarily devi-
ate from the requirements of this part, 104.145 Maritime Security (MARSEC)
Directive.
the vessel owner or operator must no-
tify the cognizant COTP, and either Each vessel owner or operator sub-
suspend operations or request and reject to this part must comply with any
ceive permission from the COTP to instructions contained in a MARSEC
continue operating. Directive issued under 101.405 of this
subchapter.
[USCG200314749, 68 FR 60513, Oct. 22, 2003]
104.130 Waivers.
Any person directly affected by a de-
Any vessel owner or operator may cision or action taken under this part,
apply for a waiver of any requirement by or on behalf of the Coast Guard,
of this part that the owner or operator may appeal as described in 101.420 of
considers unnecessary in light of the this subchapter.
nature or operating conditions of the
vessel. A request for a waiver must be Subpart BVessel Security
submitted in writing with justification
to the Commandant (CG-54) at 2100 2nd
Requirements
St. SW., Stop 7581, Washington, DC 104.200 Owner or operator.
205937581. The Commandant (CG-54)
may require the vessel owner or oper- (a) Each vessel owner or operator
ator to provide additional data for de- must ensure that the vessel operates in
termining the validity of the requested compliance with the requirements of
waiver. The Commandant (CG-54) may this part.
grant, in writing, a waiver with or (b) For each vessel, the vessel owner
without conditions only if the waiver or operator must:
will not reduce the overall security of (1) Define the security organizational
the vessel, its passengers, its crew, or structure for each vessel and provide
its cargo, or facilities or ports that the all personnel exercising security duties
vessel may visit. or responsibilities within that struc-
ture with the support needed to fulfill
[USCG200314749, 68 FR 39302, July 1, 2003, as security obligations;
amended by USCG20080179, 73 FR 35009, (2) Designate, in writing, by name or
June 19, 2008; USCG20100351, 75 FR 36282, title, a Company Security Officer
June 25, 2010]
(CSO), a Vessel Security Officer (VSO)
104.135 Equivalents. for each vessel, and identify how those
officers can be contacted at any time;
For any measure required by this (3) Ensure personnel receive training,
part, the vessel owner or operator may drills, and exercises enabling them to
propose an equivalent as provided in perform their assigned security duties;
101.130 of this subchapter. (4) Inform vessel personnel of their
responsibility to apply for and main-
104.140 Alternative Security Pro- tain a TWIC, including the deadlines
grams. and methods for such applications, and
A vessel owner or operator may use of their obligation to inform TSA of
an Alternative Security Program as any event that would render them in-
approved under 101.120 of this sub- eligible for a TWIC, or which would in-
chapter if: validate their existing TWIC;
339
104.205 33 CFR Ch. I (7112 Edition)
(5) Ensure vessel security records are report a lost, damaged, or stolen TWIC,
kept; or who have applied for and not yet re-
(6) Ensure that adequate coordina- ceived a TWIC, are in place;
tion of security issues takes place be- (15) Ensure that cargo and vessel
tween vessels and facilities; this in- stores and bunkers are handled in com-
cludes the execution of a Declaration pliance with this part;
of Security (DoS); (16) Ensure restricted areas, deck
(7) Ensure coordination of shore areas, and areas surrounding the vessel
leave, transit, or crew change-out for are monitored;
vessel personnel, as well as access (17) Provide the Master, or for vessels
through the facility of visitors to the on domestic routes only, the CSO, with
vessel (including representatives of the following information:
seafarers welfare and labor organiza- (i) Parties responsible for appointing
tions), with facility operators in ad- vessel personnel, such as vessel man-
vance of a vessels arrival. Vessel own- agement companies, manning agents,
ers or operators may refer to treaties contractors, concessionaires (for exam-
of friendship, commerce, and naviga- ple, retail sales outlets, casinos, etc.);
tion between the U.S. and other na- (ii) Parties responsible for deciding
tions in coordinating such leave. The the employment of the vessel, includ-
text of these treaties can be found at ing time or bareboat charters or any
http://www.marad.dot.gov/Programs/trea- other entity acting in such capacity;
ties.html; and
(8) Ensure security communication is (iii) In cases when the vessel is em-
readily available; ployed under the terms of a charter
(9) Ensure coordination with and im- party, the contract details of those
plementation of changes in Maritime documents, including time or voyage
Security (MARSEC) Level; charters; and
(10) Ensure that security systems and (18) Give particular consideration to
equipment are installed and main- the convenience, comfort, and personal
tained; privacy of vessel personnel and their
(11) Ensure that vessel access, includ- ability to maintain their effectiveness
ing the embarkation of persons and over long periods; and
their effects, is controlled; (19) If applicable, ensure that proto-
(12) Ensure that TWIC procedures are cols consistent with 104.267 of this
implemented as set forth in this part, part, for dealing with newly hired em-
including; ployees who have applied for and not
(i) Ensuring that only individuals yet received a TWIC, are in place.
who hold a TWIC and are authorized to [USCG200314749, 68 FR 39302, July 1, 2003, as
be in secure areas are permitted to es- amended by USCG200314749, 68 FR 60513,
cort; Oct. 22, 2003; USCG200624196, 72 FR 3579,
(ii) Identifying what action is to be Jan. 25, 2007]
taken by an escort, or other authorized
individual, should individuals under es- 104.205 Master.
cort engage in activities other than (a) Nothing in this part is intended to
those for which escorted access was permit the Master to be constrained by
granted; and the Company, the vessel owner or oper-
(iii) Notifying vessel employees, and ator, or any other person, from taking
passengers if applicable, of what parts or executing any decision which, in the
of the vessel are secure areas, em- professional judgment of the Master, is
ployee access areas, and passenger ac- necessary to maintain the safety and
cess areas, as applicable, and ensuring security of the vessel. This includes de-
such areas are clearly marked. nial of access to personsexcept those
(13) Ensure that restricted areas are identified as duly authorized by the
controlled and TWIC provisions are co- cognizant government authorityor
ordinated, if applied to such restricted their effects, and refusal to load cargo,
areas; including containers or other closed
(14) Ensure that protocols consistent cargo transport units.
with 104.265(c) of this part, for dealing (b) If, in the professional judgment of
with individuals requiring access who the Master, a conflict between any
340
safety and security requirements appli- (b) Qualifications. (1) The CSO must
cable to the vessel arises during its op- have general knowledge, through train-
erations, the Master may give prece- ing or equivalent job experience, in the
dence to measures intended to main- following:
tain the safety of the vessel, and take (i) Security administration and orga-
such temporary security measures as nization of the companys vessel(s);
seem best under all circumstances. In (ii) Vessel, facility, and port oper-
such cases: ations relevant to that industry;
(1) The Master must, as soon as prac- (iii) Vessel and facility security
ticable, inform the nearest COTP. If measures, including the meaning and
the vessel is on a foreign voyage, the the consequential requirements of the
Master must promptly inform the different Maritime Security (MARSEC)
Coast Guard via the NRC at 1800424 Levels;
8802, direct telephone at 2022672675; (iv) Emergency preparedness and re-
Fax: 2022671322, TDD at 2022674477, sponse and contingency planning;
or E-mail at lst-nrcinfo@comdt.uscg.mil (v) Security equipment and systems
and if subject to the jurisdiction of a and their operational limitations;
foreign government, the relevant mari- (vi) Methods of conducting audits, in-
time authority of that foreign govern- spection and control and monitoring
ment; techniques; and
(2) The temporary security measures (vii) Techniques for security training
must, to the highest possible degree, be and education, including security
commensurate with the prevailing measures and procedures.
Maritime Security (MARSEC) Level; (2) In addition to knowledge and
and training in paragraph (b)(1) of this sec-
(3) The owner or operator must en- tion, the CSO must have general
sure that such conflicts are resolved to knowledge through training or equiva-
the satisfaction of the cognizant COTP, lent job experience in the following, as
or for vessels on international voyages, appropriate:
the Commandant (CG-54), and that the (i) Relevant international conven-
possibility of recurrence is minimized. tions, codes, and recommendations;
[USCG200314749, 68 FR 39302, July 1, 2003, as
(ii) Relevant government legislation
amended at 68 FR 60513, Oct. 22, 2003; USCG and regulations;
200625150, 71 FR 39208, July 12, 2006; USCG (iii) Responsibilities and functions of
20080179, 73 FR 35009, June 19, 2008] other security organizations;
(iv) Methodology of Vessel Security
104.210 Company Security Officer Assessment;
(CSO). (v) Methods of vessel security sur-
(a) General. (1) Each vessel owner or veys and inspections;
operator must designate in writing a (vi) Instruction techniques for secu-
CSO. rity training and education, including
(2) A vessel owner or operator may security measures and procedures;
designate a single CSO for all its ves- (vii) Handling sensitive security in-
sels to which this part applies, or may formation and security related commu-
designate more than one CSO, in which nications;
case the owner or operator must clear- (viii) Knowledge of current security
ly identify the vessels for which each threats and patterns;
CSO is responsible. (ix) Recognition and detection of
(3) A CSO may perform other duties dangerous substances and devices;
within the owner or operators organi- (x) Recognition of characteristics and
zation, including the duties of a Vessel behavioral patterns of persons who are
Security Officer, provided he or she is likely to threaten security;
able to perform the duties and respon- (xi) Techniques used to circumvent
sibilities required of a CSO. security measures;
(4) The CSO may delegate duties re- (xii) Methods of physical screening
quired by this part, but remains re- and non-intrusive inspections;
sponsible for the performance of those (xiii) Security drills and exercises,
duties. including drills and exercises with fa-
(5) The CSO must maintain a TWIC. cilities; and
341
104.215 33 CFR Ch. I (7112 Edition)
(xiv) Assessment of security drills 104.215 Vessel Security Officer (VSO).

and exercises. (a) General. (1) A VSO may perform
(xv) Knowledge of TWIC require- other duties within the owners or op-
ments erators organization, provided he or
(c) Responsibilities. In addition to she is able to perform the duties and
those responsibilities and duties speci- responsibilities required of the VSO for
fied elsewhere in this part, the CSO each such vessel.
must, for each vessel for which he or (2) For manned vessels, the VSO
she has been designated: must be the Master or a member of the
(1) Keep the vessel apprised of poten- crew.
tial threats or other information rel- (3) For unmanned vessels, the VSO
evant to its security; must be an employee of the company,
(2) Ensure a Vessel Security Assess- and the same person may serve as the
ment (VSA) is carried out; VSO for more than one unmanned ves-
(3) Ensure a Vessel Security Plan sel. If a person serves as the VSO for
(VSP) is developed, approved, and more than one unmanned vessel, the
maintained; name of each unmanned vessel for
(4) Ensure the VSP is modified when which he or she is the VSO must be
necessary; listed in the Vessel Security Plan
(VSP).
(5) Ensure vessel security activities
(4) The VSO of any unmanned barge
are audited;
and the VSO of any towing vessel
(6) Arrange for Coast Guard inspec- interfacing with the barge must coordi-
tions under 46 CFR part 2; nate and ensure the implementation of
(7) Ensure the timely or prompt cor- security measures applicable to both
rection of problems identified by audits vessels during the period of their inter-
or inspections; face.
(8) Enhance security awareness and (5) The VSO may assign security du-
vigilance within the owners or opera- ties to other vessel personnel; however,
tors organization; the VSO remains responsible for these
(9) Ensure relevant personnel receive duties.
adequate security training; (6) The VSO must maintain a TWIC.
(10) Ensure communication and co- (b) Qualifications. The VSO must have
operation between the vessel and the general knowledge, through training or
port and facilities with which the ves- equivalent job experience, in the fol-
sel interfaces; lowing:
(11) Ensure consistency between secu- (1) Those items listed in 104.210
rity requirements and safety require- (b)(1) and (b)(2) of this part;
ments; (2) Vessel layout;
(12) Ensure that when sister-vessel or (3) The VSP and related procedures,
fleet security plans are used, the plan including scenario-based response
for each vessel reflects the vessel-spe- training;
cific information accurately; (4) Crowd management and control
(13) Ensure compliance with an Alter- techniques;
(5) Operations of security equipment
native Security Program or equiva-
and systems; and
lents approved under this subchapter,
(6) Testing and calibration of secu-
if appropriate; and
rity equipment and systems, and their
(14) Ensure security measures give maintenance while at sea.
particular consideration to the conven- (7) TWIC
ience, comfort, and personal privacy of (c) Certification required. After July 1,
vessel personnel and their ability to 2009, persons performing duties as VSO
maintain their effectiveness over long on-board a seagoing vessel subject to
periods. the International Convention on
(15) Ensure the TWIC program is Standards of Training, Certification
being properly implemented. and Watchkeeping for Seafarers, 1978,
[USCG200314749, 68 FR 39302, July 1, 2003, as as amended, must hold a valid Coast
amended at 68 FR 60513, Oct. 22, 2003; USCG Guard-issued credential with a Vessel
200624196, 72 FR 3580, Jan. 25, 2007] Security Officer endorsement. The
342
Coast Guard will issue this endorse- training or equivalent job experience,
ment only if the person meets the re- in the following areas:
quirements in paragraph (d) of this sec- (i) Basic vessel layout and construc-
tion. This endorsement serves as proof tion:
that the person meets the ship security (A) Understanding layout, including
officer requirements of Regulation VI/5 decks, rooms and space numbering; and
of the STCW. (B) Understanding of various vessel
(d) Requirements for Coast Guard En- types; and working knowledge of nau-
dorsement: (1) To qualify for a VSO en- tical terms and definitions, especially
dorsement, a person must: those used to describe areas and parts
(i) Be at least 18 years of age; of a vessel.
(ii) Be able to speak and understand (ii) Shipboard organization: famili-
the English language as would be rel- arity with the various departments and
evant to the duties of a VSO; related functions, the titles used for
(iii) Hold any valid Coast Guard- personnel, the roles and responsibil-
issued credential under the regulations ities of these persons, and the chain of
specified in 46 CFR Subchapter B; command.
(iv) Successfully complete a Coast (iii) Shipboard safety:
Guard-accepted VSO course;
(A) Understanding of the importance
(v) Sea Service. Fulfill one of the fol- of creating and maintaining safe work-
lowing: ing and living conditions for passengers
(A) Have approved sea service of not and crew alike;
less than 12 months on any vessel sub-
(B) General shipboard safety rules,
ject to 104.105 of this part, credited in
emergency alarms and signals, and re-
accordance with 46 CFR 10.205(e), 10.211,
sponses to and reporting of accidents;
and/or 10.213; or
(C) Proper usage of protective equip-
(B) Have approved sea service of not
ment and general knowledge of proce-
less than 6 months on any vessel sub-
dures for entering enclosed spaces;
ject to 104.105 of this part, credited in
accordance with 46 CFR 10.205(b), 10.211, (D) Proper usage of lifesaving equip-
and/or 10.213, and have knowledge of ment and where such equipment is nor-
vessel operations. mally stowed aboard various vessel
(2) To qualify as a Coast Guard-ac- types;
cepted course a VSO course under para- (E) Understanding of the operating
graph (d)(1)(iv) of this section must re- principles of and proper use of water-
quire candidates to demonstrate tight and fire screen doors; and
knowledge, understanding, and pro- (F) Understanding where it is safe to
ficiency in the following competencies: smoke and not safe to smoke on board
(i) Maintaining and supervising the and in port.
implementation of a vessel security (iv) Protection of the marine envi-
plan; ronment:
(ii) Assessing security risk, threat (A) Understanding of vessel person-
and vulnerability; nels responsibility to preserve the ma-
(iii) Undertaking regular inspections rine environment; and
of the vessel to ensure that appropriate (B) Basic working knowledge of pol-
security measures are implemented lution prevention regulations and tech-
and maintained; niques.
(iv) Ensuring that security equip- (v) Familiarity with key definitions,
ment and systems, if any, are properly terminology, and operational practices
operated, tested and calibrated; employed in the maritime industry.
(v) Encouraging security awareness (4)(i) Persons meeting the criteria in
and vigilance; and paragraphs (d)(4)(i)(A) and (B) of this
(vi) Ensuring compliance with the section prior to the effective date of
TWIC program requirements. this regulation may successfully com-
(3) Candidates meeting the knowl- plete a refresher Coast Guard-accepted
edge of vessel operations requirement VSO course no later than July 1, 2009,
under paragraph (d)(1)(v)(B) of this sec- to fulfill (d)(1)(iv) of this section. Per-
tion must provide evidence through sons must have:
343
104.220 33 CFR Ch. I (7112 Edition)
(A) At least six months of VSO expe- (6) Ensure security awareness and
rience during the preceding three vigilance on board the vessel;
years; or (7) Ensure adequate security training
(B) Successfully completed a VSO for vessel personnel;
course that was not approved by the (8) Ensure the reporting and record-
Maritime Administration (MARAD) on ing of all security incidents;
behalf of the Coast Guard. Maritime (9) Ensure the coordinated implemen-
Administration approves VSO courses tation of the VSP with the CSO and
under section 109 of the Maritime the relevant Facility Security Officer,
Transportation Security Act of 2002, when applicable;
Public Law 107295. (10) Ensure security equipment is
(ii) To be eligible to take a refresher properly operated, tested, calibrated
Coast Guard-accepted VSO course, a and maintained; and
person must present to the course pro- (11) Ensure consistency between secu-
vider documentary evidence that he or rity requirements and the proper treat-
she meets the criteria in (d)(4)(i) of this ment of vessel personnel affected by
section. those requirements.
(5) Vessel Security Officer courses (12) Ensure TWIC programs are in
meeting the training requirements in place and implemented appropriately.
paragraphs (d)(2) and (d)(4) of this sec- [USCG200314749, 68 FR 39302, July 1, 2003, as
tion are subject to Coast Guard accept- amended at 68 FR 60513, Oct. 22, 2003; USCG
ance under 46 CFR 10.309(a)(10)(ii). 200624196, 72 FR 3580, Jan. 25, 2007; USCG
(6) Vessel Security Officer courses 20080028, 73 FR 29070, May 20, 2008; 73 FR
approved by MARAD on behalf of the 34191, June 17, 2008]
Coast Guard under section 109 of the 104.220 Company or vessel personnel
Maritime Transportation Security Act with security duties.
of 2002, Public Law 107295 will be ac-
cepted by the Coast Guard under 46 Company and vessel personnel re-
CFR 10.309 as meeting the require- sponsible for security duties must
ments of paragraphs (d)(1)(iv) and (d)(2) maintain a TWIC, and must have
of this section. knowledge, through training or equiva-
lent job experience, in the following, as
(7) Persons who hold a valid Vessel
appropriate:
Security Officer endorsement may
(a) Knowledge of current security
serve as vessel or company personnel
threats and patterns;
with security duties (33 CFR 104.220),
(b) Recognition and detection of dan-
and as all other vessel personnel (33
gerous substances and devices;
CFR 104.225), without meeting any ad-
(c) Recognition of characteristics and
ditional requirements.
behavioral patterns of persons who are
(e) Responsibilities. In addition to likely to threaten security;
those responsibilities and duties speci- (d) Techniques used to circumvent se-
fied elsewhere in this part, the VSO curity measures;
must, for each vessel for which he or (e) Crowd management and control
she has been designated: techniques;
(1) Regularly inspect the vessel to en- (f) Security related communications;
sure that security measures are main- (g) Knowledge of emergency proce-
tained; dures and contingency plans;
(2) Ensure maintenance and super- (h) Operation of security equipment
vision of the implementation of the and systems;
VSP, and any amendments to the VSP; (i) Testing and calibration of security
(3) Ensure the coordination and han- equipment and systems, and their
dling of cargo and vessel stores and maintenance while at sea;
bunkers in compliance with this part; (j) Inspection, control, and moni-
(4) Propose modifications to the VSP toring techniques;
to the Company Security Officer (CSO); (k) Relevant provisions of the Vessel
(5) Ensure that any problems identi- Security Plan (VSP);
fied during audits or inspections are re- (l) Methods of physical screening of
ported to the CSO, and promptly imple- persons, personal effects, baggage,
ment any corrective actions; cargo, and vessel stores; and
344
(m) The meaning and the consequen- ducted at least every 3 months, except
tial requirements of the different Mari- when a vessel is out of service due to
time Security (MARSEC) Levels. repairs or seasonal suspension of oper-
(n) Relevant aspects of the TWIC pro- ation provided that in such cases a
gram and how to carry them out. drill must be conducted within one
[USCG200314749, 68 FR 39302, July 1, 2003, as week of the vessels reactivation. Secu-
amended by USCG200624196, 72 FR 3580, rity drills may be held in conjunction
Jan. 25, 2007] with non-security drills where appro-
priate.
104.225 Security training for all (2) Drills must test individual ele-
other vessel personnel. ments of the VSP, including response
All other vessel personnel, including to security threats and incidents.
contractors, whether part-time, full- Drills should take into account the
time, temporary, or permanent, must types of operations of the vessel, vessel
have knowledge of, through training or personnel changes, and other relevant
equivalent job experience in the fol- circumstances. Examples of drills in-
lowing, as appropriate: clude unauthorized entry to a re-
(a) Relevant provisions of the Vessel stricted area, response to alarms, and
Security Plan (VSP); notification of law enforcement au-
(b) The meaning and the consequen- thorities.
tial requirements of the different Mari- (3) If the vessel is moored at a facil-
time Security (MARSEC) Levels, in- ity on the date the facility has planned
cluding emergency procedures and con- to conduct any drills, the vessel may,
tingency plans; but is not required to, participate in
(c) Recognition and detection of dan- the facilitys scheduled drill.
gerous substances and devices; (4) Drills must be conducted within
(d) Recognition of characteristics and one week from whenever the percent-
behavioral patterns of persons who are age of vessel personnel with no prior
likely to threaten security; and participation in a vessel security drill
(e) Techniques used to circumvent se- on that vessel exceeds 25 percent.
curity measures. (5) Not withstanding paragraph (b)(4)
(f) Relevant aspects of the TWIC pro-
of this section, vessels not subject to
gram and how to carry them out.
SOLAS may conduct drills within 1
[USCG200314749, 68 FR 39302, July 1, 2003, as week from whenever the percentage of
amended at 68 FR 60513, Oct. 22, 2003; USCG vessel personnel with no prior partici-
200624196, 72 FR 3580, Jan. 25, 2007] pation in a vessel security drill on a
vessel of similar design and owned or
104.230 Drill and exercise require-
ments. operated by the same company exceeds
25 percent.
(a) General. (1) Drills and exercises (c) Exercises. (1) Exercises must be
must test the proficiency of vessel per- conducted at least once each calendar
sonnel in assigned security duties at year, with no more than 18 months be-
all Maritime Security (MARSEC) Lev- tween exercises.
els and the effective implementation of
(2) Exercises may be:
the Vessel Security Plan (VSP). They
must enable the Vessel Security Offi- (i) Full scale or live;
cer (VSO) to identify any related secu- (ii) Tabletop simulation or seminar;
rity deficiencies that need to be ad- (iii) Combined with other appropriate
dressed. exercises; or
(2) A drill or exercise required by this (iv) A combination of the elements in
section may be satisfied with the im- paragraphs (c)(2)(i) through (iii) of this
plementation of security measures re- section.
quired by the Vessel Security Plan as (3) Exercises may be vessel-specific
the result of an increase in the or part of a cooperative exercise pro-
MARSEC Level, provided the vessel re- gram to exercise applicable facility and
ports attainment to the cognizant vessel security plans or comprehensive
COTP. port exercises.
(b) Drills. (1) The VSO must ensure (4) Each exercise must test commu-
that at least one security drill is con- nication and notification procedures,
345
104.235 33 CFR Ch. I (7112 Edition)
and elements of coordination, resource whom it was reported, and description

availability, and response. of the response;
(5) Exercises are a full test of the se- (7) Declaration of Security (DoS).
curity program and must include the Manned vessels must keep on board a
substantial and active participation of copy of the last 10 DoSs and a copy of
relevant company and vessel security each continuing DoS for at least 90
personnel, and may include facility se- days after the end of its effective pe-
curity personnel and government au- riod; and
thorities depending on the scope and (8) Annual audit of the VSP. For each
the nature of the exercises. annual audit, a letter certified by the
Company Security Officer or the VSO
[USCG200314749, 68 FR 39302, July 1, 2003, as
amended at 68 FR 60513, Oct. 22, 2003] stating the date the audit was com-
pleted.
104.235 Vessel recordkeeping re- (c) Any records required by this part
quirements. must be protected from unauthorized
(a) Unless otherwise specified in this access or disclosure.
section, the Vessel Security Officer [USCG200314749, 68 FR 39302, July 1, 2003, as
must keep records of the activities as amended at 68 FR 60514, Oct. 22, 2003]
set out in paragraph (b) of this section
for at least 2 years and make them 104.240 Maritime Security (MARSEC)
available to the Coast Guard upon re- Level coordination and implemen-
quest. tation.
(b) Records required by this section (a) The vessel owner or operator
may be kept in electronic format. If must ensure that, prior to entering a
kept in an electronic format, they port or visiting an Outer Continental
must be protected against unauthor- Shelf (OCS) facility, all measures are
ized deletion, destruction, or amend- taken that are specified in the Vessel
ment. The following records must be Security Plan (VSP) for compliance
kept: with the MARSEC Level in effect for
(1) Training. For training under the port or the OCS facility.
104.225, the date of each session, dura- (b) When notified of an increase in
tion of session, a description of the the MARSEC Level, the vessel owner
training, and a list of attendees; or operator must ensure:
(2) Drills and exercises. For each drill (1) If a higher MARSEC Level is set
or exercise, the date held, description for the port in which the vessel is lo-
of drill or exercise, list of participants; cated or is about to enter, the vessel
and any best practices or lessons complies, without undue delay, with all
learned which may improve the Vessel measures specified in the VSP for com-
Security Plan (VSP); pliance with that higher MARSEC
(3) Incidents and breaches of security. Level;
Date and time of occurrence, location (2) The COTP is notified as required
within the port, location within the by 101.300(c) when compliance with
vessel, description of incident or the higher MARSEC Level has been im-
breaches, to whom it was reported, and plemented;
description of the response; (3) For vessels in port, that compli-
(4) Changes in Maritime Security ance with the higher MARSEC Level
(MARSEC) Levels. Date and time of no- has taken place within 12 hours of the
tification received, and time of compli- notification; and
ance with additional requirements; (4) If a higher MARSEC Level is set
(5) Maintenance, calibration, and test- for the OCS facility with which the
ing of security equipment. For each oc- vessel is interfacing or is about to
currence of maintenance, calibration, visit, the vessel complies, without
and testing, the date and time, and the undue delay, with all measures speci-
specific security equipment involved; fied in the VSP for compliance with
(6) Security threats. Date and time of that higher MARSEC Level.
occurrence, how the threat was com- (c) For MARSEC Levels 2 and 3, the
municated, who received or identified Vessel Security Officer must brief all
the threat, description of threat, to vessel personnel of identified threats,
346
emphasize reporting procedures, and procedures for interfacing with those

stress the need for increased vigilance. ports and facilities are established.
(d) An owner or operator whose ves-
sel is not in compliance with the re- 104.255 Declaration of Security
quirements of this section must inform (DoS).
the COTP and obtain approval prior to (a) Each vessel owner or operator
entering any port, prior to interfacing must ensure procedures are established
with another vessel or with a facility for requesting a DoS and for handling
or to continuing operations. DoS requests from a facility or other
(e) For MARSEC Level 3, in addition vessel.
to the requirements in this part, a ves- (b) At MARSEC Level 1, the Master
sel owner or operator may be required or Vessel Security Officer (VSO), or
to implement additional measures, their designated representative, of any
pursuant to 33 CFR part 6, 160 or 165, as cruise ship or manned vessel carrying
appropriate, which may include but are Certain Dangerous Cargoes, in bulk,
not limited to: must complete and sign a DoS with the
(1) Arrangements to ensure that the VSO or Facility Security Officer
vessel can be towed or moved if deemed (FSO), or their designated representa-
necessary by the Coast Guard; tive, of any vessel or facility with
(2) Use of waterborne security patrol; which it interfaces.
(3) Use of armed security personnel (1) For a vessel-to-facility interface,
to control access to the vessel and to prior to arrival of a vessel to a facility,
deter, to the maximum extent prac- the FSO and Master, VSO, or their des-
tical, a TSI; or ignated representatives must coordi-
(4) Screening the vessel for the pres- nate security needs and procedures,
ence of dangerous substances and de- and agree upon the contents of the DoS
vices underwater or other threats. for the period of time the vessel is at
the facility. Upon a vessels arrival to
[USCG200314749, 68 FR 39302, July 1, 2003, as a facility and prior to any passenger
amended at 68 FR 60514, Oct. 22, 2003] embarkation or disembarkation or
cargo transfer operation, the FSO or
104.245 Communications.
Master, VSO, or designated representa-
(a) The Vessel Security Officer must tives must sign the written DoS.
have a means to effectively notify ves- (2) For a vessel engaging in a vessel-
sel personnel of changes in security to-vessel activity, prior to the activity,
conditions on board the vessel. the respective Masters, VSOs, or their
(b) Communications systems and pro- designated representatives must co-
cedures must allow effective and con- ordinate security needs and procedures,
tinuous communication between the and agree upon the contents of the DoS
vessel security personnel, facilities for the period of the vessel-to-vessel
interfacing with the vessel, vessels activity. Upon the vessel-to-vessel ac-
interfacing with the vessel, and na- tivity and prior to any passenger em-
tional or local authorities with secu- barkation or disembarkation or cargo
rity responsibilities. transfer operation, the respective Mas-
(c) Communication systems and pro- ters, VSOs, or designated representa-
cedures must enable vessel personnel tives must sign the written DoS.
to notify, in a timely manner, shore (c) At MARSEC Levels 2 and 3, the
side authorities or other vessels of a se- Master, VSO, or designated representa-
curity threat or incident on board. tive of any manned vessel required to
comply with this part must coordinate
104.250 Procedures for interfacing security needs and procedures, and
with facilities and other vessels. agree upon the contents of the DoS for
(a) The vessel owner or operator the period of the vessel-to-vessel activ-
must ensure that there are measures ity. Upon the vessel-to-vessel activity
for interfacing with facilities and other and prior to any passenger embar-
vessels at all MARSEC Levels. kation or disembarkation or cargo
(b) For each U.S. flag vessel that transfer operation, the respective Mas-
calls on foreign ports or facilities, the ters, VSOs, or designated representa-
vessel owner or operator must ensure tives must sign the written DoS.
347
104.260 33 CFR Ch. I (7112 Edition)
(d) At MARSEC Levels 2 and 3, the 104.265 Security measures for access
Master, VSO, or designated representa- control.
tive of any manned vessel required to (a) General. The vessel owner or oper-
comply with this part must coordinate ator must ensure the implementation
security needs and procedures, and of security measures to:
agree upon the contents of the DoS for (1) Deter the unauthorized introduc-
the period the vessel is at the facility. tion of dangerous substances and de-
Upon the vessels arrival to a facility vices, including any device intended to
and prior to any passenger embar- damage or destroy persons, vessels, fa-
kation or disembarkation or cargo cilities, or ports;
transfer operation, the respective FSO (2) Secure dangerous substances and
and Master, VSO, or designated rep- devices that are authorized by the
resentatives must sign the written owner or operator to be on board;
DoS. (3) Control access to the vessel; and
(e) At MARSEC Levels 1 and 2, VSOs (4) Prevent an unescorted individual
of vessels that frequently interface from entering an area of the vessel
with the same facility may implement that is designated as a secure area un-
a continuing DoS for multiple visits, less the individual holds a duly issued
provided that: TWIC and is authorized to be in the
(1) The DoS is valid for the specific area.
MARSEC Level; (b) The vessel owner or operator
must ensure that the following are
(2) The effective period at MARSEC
specified:
Level 1 does not exceed 90 days; and
(1) The locations providing means of
(3) The effective period at MARSEC access to the vessel where access re-
Level 2 does not exceed 30 days. strictions or prohibitions are applied
(f) When the MARSEC Level infor each Maritime Security (MARSEC)
creases beyond the level contained in Level, including those points where
the DoS, the continuing DoS becomes TWIC access control provisions will be
void and a new DoS must be signed and applied. Means of access include, but
implemented in accordance with this are not limited, to all:
section. (i) Access ladders;
(g) The COTP may require at any (ii) Access gangways;
time, at any MARSEC Level, any (iii) Access ramps;
manned vessel subject to this part to (iv) Access doors, side scuttles, win-
implement a DoS with the VSO or FSO dows, and ports;
prior to any vessel-to-vessel activity or (v) Mooring lines and anchor chains;
vessel-to-facility interface when he or and
she deems it necessary. (vi) Cranes and hoisting gear;
(2) The identification of the types of
[USCG200314749, 68 FR 39302, July 1, 2003, as
restriction or prohibition to be applied
amended at 68 FR 60514, Oct. 22, 2003]
and the means of enforcing them;
104.260 Security systems and equip- (3) The means used to establish the
ment maintenance. identity of individuals not in posses-
sion of a TWIC and procedures for es-
(a) Security systems and equipment corting, in accordance with 101.515 of
must be in good working order and in- this subchapter; and
spected, tested, calibrated and main- (4) Procedures for identifying author-
tained according to the manufacturers ized and unauthorized persons at any
recommendation. MARSEC level.
(b) The results of testing completed (c) The vessel owner or operator must
under paragraph (a) of this section ensure that a TWIC program is imple-
shall be recorded in accordance with mented as follows:
104.235. Any deficiencies shall be (1) All persons seeking unescorted ac-
promptly corrected. cess to secure areas must present their
(c) The Vessel Security Plan (VSP) TWIC for inspection before being al-
must include procedures for identifying lowed unescorted access, in accordance
and responding to security system and with 101.514 of this subchapter. Inspec-
equipment failures or malfunctions. tion must include:
348
(i) A match of the photo on the TWIC quency of application of any security
to the individual presenting the TWIC; measures for access control, particu-
(ii) Verification that the TWIC has larly if these security measures are ap-
not expired; and plied on a random or occasional basis.
(iii) A visual check of the various se- (f) MARSEC Level 1. The vessel owner
curity features present on the card to or operator must ensure security meas-
determine whether the TWIC has been ures in this paragraph are implemented
tampered with or forged. to:
(2) If an individual cannot present a (1) Employ TWIC as set out in para-
TWIC because it has been lost, dam- graph (c) of this section.
aged or stolen, and he or she has pre- (2) Screen persons, baggage (includ-
viously been granted unescorted access ing carry-on items), personal effects,
to the vessel and is known to have had and vehicles for dangerous substances
a valid TWIC, the individual may be and devices at the rate specified in the
given unescorted access to secure areas approved VSP, except for government-
for a period of no longer than seven owned vehicles on official business
consecutive calendar days provided when government personnel present
that: identification credentials for entry;
(i) The individual has reported the (3) Conspicuously post signs that de-
TWIC as lost, damaged, or stolen to scribe security measures currently in
TSA as required in 49 CFR 1572.19(f); effect and clearly state that:
(ii) The individual can present an- (i) Boarding the vessel is deemed
other identification credential that valid consent to screening or inspec-
meets the requirements of 101.515 of tion; and
this subchapter; and (ii) Failure to consent or submit to
(iii) There are no other suspicious screening or inspection will result in
circumstances associated with the indi- denial or revocation of authorization
viduals claim of loss or theft. to board;
(3) If an individual cannot present his
(4) Check the identification of any
or her TWIC for any other reason than
person not holding a TWIC and seeking
outlined in paragraph (2) of this sec-
to board the vessel, including vessel
tion, he or she may not be granted
passengers, vendors, personnel duly au-
unescorted access to the secure area.
thorized by the cognizant government
The individual must be under escort, as
authorities, and visitors. This check
that term is defined in part 101 of this
includes confirming the reason for
subchapter, at all times when inside a
boarding by examining at least one of
secure area.
the following:
(4) With the exception of persons
(i) Joining instructions;
granted access according to paragraph
(2) of this section, all persons granted (ii) Passenger tickets;
unescorted access to secure areas of (iii) Boarding passes;
the vessel must be able to produce his (iv) Work orders, pilot orders, or sur-
or her TWIC upon request. veyor orders;
(5) There must be disciplinary meas- (v) Government identification; or
ures in place to prevent fraud and (vi) Visitor badges issued in accord-
abuse. ance with an identification system im-
(6) The vessels TWIC program should plemented under paragraph (d) of this
be coordinated, when practicable, with section.
identification and TWIC access control (5) Deny or revoke a persons author-
measures of facilities or other trans- ization to be on board if the person is
portation conveyances that interface unable or unwilling, upon the request
with the vessel. of vessel personnel or a law enforce-
(d) If the vessel owner or operator ment officer, to establish his or her
uses a separate identification system, identity in accordance with this part
ensure that it complies and is coordi- or to account for his or her presence on
nated with TWIC provisions in this board. Any such incident must be re-
part. ported in compliance with this part;
(e) The vessel owner or operator must (6) Deter unauthorized access to the
establish in the approved VSP the fre- vessel;
349
104.265 33 CFR Ch. I (7112 Edition)
(7) Identify access points that must on official business when government
be secured or attended to deter unau- personnel present identification cre-
thorized access; dentials for entry;
(8) Lock or otherwise prevent access (2) X-ray screening of all unaccom-
to unattended spaces that adjoin areas panied baggage;
to which passengers and visitors have (3) Assigning additional personnel to
access; patrol deck areas during periods of re-
(9) Provide a designated area on duced vessel operations to deter unau-
board, within the secure area, or in li- thorized access;
aison with a facility, for conducting in- (4) Limiting the number of access
spections and screening of people, bag- points to the vessel by closing and se-
gage (including carry-on items), per- curing some access points;
sonal effects, vehicles and the vehicles (5) Denying access to visitors who do
contents; not have a verified destination;
(10) Ensure vessel personnel are not (6) Deterring waterside access to the
subjected to screening, of the person or vessel, which may include, in liaison
of personal effects, by other vessel per- with the facility, providing boat pa-
sonnel, unless security clearly requires trols; and
it;
(7) Establishing a restricted area on
(11) Conduct screening in a way that
the shore side of the vessel, in close co-
takes into full account individual
operation with the facility.
human rights and preserves the indi-
(h) MARSEC Level 3. In addition to
viduals basic human dignity;
the security measures required for
(12) Ensure the screening of all unac-
MARSEC Level 1 and MARSEC Level 2,
companied baggage;
the vessel owner or operator must en-
(13) Ensure checked persons and their
sure the implementation of additional
personal effects are segregated from
security measures, as specified for
unchecked persons and their personal
MARSEC Level 3 in the approved VSP.
effects;
The additional security measures may
(14) Ensure embarking passengers are
include:
segregated from disembarking pas-
sengers; (1) Screening all persons, baggage,
(15) Ensure, in liaison with the facil- and personal effects for dangerous sub-
ity, a defined percentage of vehicles to stances and devices;
be loaded aboard passenger vessels are (2) Performing one or more of the fol-
screened prior to loading at the rate lowing on unaccompanied baggage:
specified in the approved VSP; (i) Screen unaccompanied baggage
(16) Ensure, in liaison with the facil- more extensively, for example, x-
ity, all unaccompanied vehicles to be raying from two or more angles;
loaded on passenger vessels are (ii) Prepare to restrict or suspend
screened prior to loading; and handling unaccompanied baggage; or
(17) Respond to the presence of unau- (iii) Refuse to accept unaccompanied
thorized persons on board, including re- baggage on board;
pelling unauthorized boarders. (3) Being prepared to cooperate with
(g) MARSEC Level 2. In addition to responders and facilities;
the security measures required for (4) Limiting access to the vessel to a
MARSEC Level 1 in this section, at single, controlled access point;
MARSEC Level 2, the vessel owner or (5) Granting access to only those re-
operator must ensure the implementa- sponding to the security incident or
tion of additional security measures, as threat thereof;
specified for MARSEC Level 2 in the (6) Suspending embarkation and/or
approved VSP. These additional secu- disembarkation of personnel;
rity measures may include: (7) Suspending cargo operations;
(1) Increasing the frequency and de- (8) Evacuating the vessel;
tail of screening of people, personal ef- (9) Moving the vessel; or
fects, and vehicles being embarked or
(10) Preparing for a full or partial
loaded onto the vessel as specified for
search of the vessel.
MARSEC Level 2 in the approved VSP,
except for government-owned vehicles [USCG200624196, 72 FR 3580, Jan. 25, 2007]
350
104.267 Security measures for newly formed by the cognizant COTP that the
hired employees. new hire poses a security threat; and
(a) Newly-hired vessel employees (5) There would be an adverse impact
may be granted entry to secure areas to vessel operations if the new hire is
of the vessel for up to 30 consecutive not allowed access.
calendar days prior to receiving their (c) This section does not apply to any
TWIC provided all of the requirements individual being hired as a Company
in paragraph (b) of this section are Security Officer (CSO) or VSO, or any
met, and provided that the new hire is individual being hired to perform ves-
accompanied by an individual with a sel security duties.
TWIC while within the secure areas of (d) The new hire may not begin work-
the vessel. If TSA does not act upon a ing on board the vessel under the provi-
TWIC application within 30 days, the sions of this section until the owner,
cognizant Coast Guard COTP may fur- operator, or VSO receives notification,
ther extend access to secure areas for via Homeport or some other means, the
another 30 days. The Coast Guard will new hire has passed an initial name
determine whether, in particular cir- check.
cumstances, certain practices meet the [USCG200624196, 72 FR 3581, Jan. 25, 2007]
condition of a new hire being accom-
panied by another individual with a 104.270 Security measures for re-
TWIC. The Coast Guard will issue guid- stricted areas.
ance for use in making these deter- (a) General. The vessel owner or oper-
minations. ator must ensure the designation of re-
(b) Newly-hired vessel employees stricted areas in order to:
may be granted the access provided for
(1) Prevent or deter unauthorized ac-
in paragraph (a) of this section only if:
cess;
(1) The new hire has applied for a
(2) Protect persons authorized to be
TWIC in accordance with 49 CFR part
on board;
1572 by completing the full enrollment
(3) Protect the vessel;
process, paying the user fee, and is not
currently engaged in a waiver or appeal (4) Protect sensitive security areas
process. The vessel owner or operator within the vessel;
or Vessel Security Officer (VSO) must (5) Protect security and surveillance
have the new hire sign a statement af- equipment and systems; and
firming this, and must retain the (6) Protect cargo and vessel stores
signed statement until the new hire re- from tampering.
ceives a TWIC; (b) Designation of Restricted Areas. The
(2) The vessel owner or operator or vessel owner or operator must ensure
the VSO enters the following informa- restricted areas are designated on
tion on the new hire into the Coast board the vessel, as specified in the ap-
Guards Homeport website (http://home- proved plan. Restricted areas must in-
port.uscg.mil): clude, as appropriate:
(i) Full legal name, including middle (1) Navigation bridge, machinery
name if one exists; spaces and other control stations;
(ii) Date of birth; (2) Spaces containing security and
(iii) Social security number (op- surveillance equipment and systems
tional); and their controls and lighting system
(iv) Employer name and 24 hour con- controls;
tact information; and (3) Ventilation and air-conditioning
(v) Date of TWIC enrollment; systems and other similar spaces;
(3) The new hire presents an identi- (4) Spaces with access to potable
fication credential that meets the re- water tanks, pumps, or manifolds;
quirements of 101.515 of this sub- (5) Spaces containing dangerous
chapter; goods or hazardous substances;
(4) There are no other circumstances (6) Spaces containing cargo pumps
that would cause reasonable suspicion and their controls;
regarding the new hires ability to ob- (7) Cargo spaces and spaces con-
tain a TWIC, and the vessel owner or taining vessel stores;
operator or VSO have not been in- (8) Crew accommodations; and
351
104.275 33 CFR Ch. I (7112 Edition)
(9) Any other spaces or areas vital to MARSEC Level 1 and MARSEC Level 2,
the security of the vessel. at MARSEC Level 3, the vessel owner
(c) The vessel owner or operator must or operator must ensure the implemen-
ensure that security measures and poli- tation of additional security measures,
cies are established to: as specified for MARSEC Level 3 in the
(1) Identify which vessel personnel approved VSP. These additional secu-
are authorized to have access; rity measures may include:
(2) Determine which persons other (1) Restricting access to additional
than vessel personnel are authorized to areas; and
have access; (2) Searching restricted areas as part
(3) Determine the conditions under of a security sweep of the vessel.
which that access may take place;
(4) Define the extent of any restricted 104.275 Security measures for han-
area; dling cargo.
(5) Define the times when access re- (a) General. The vessel owner or oper-
strictions apply; and ator must ensure that security meas-
(6) Clearly mark all restricted areas ures relating to cargo handling, some
and indicate that access to the area is of which may have to be applied in liai-
restricted and that unauthorized pres- son with the facility or another vessel,
ence within the area constitutes a are specified in order to:
breach of security. (1) Deter tampering;
(d) Maritime Security (MARSEC) Level (2) Prevent cargo that is not meant
1. The vessel owner or operator must for carriage from being accepted and
ensure the implementation of security stored on board the vessel;
measures to prevent unauthorized ac- (3) Identify cargo that is approved for
cess or activities within the area. loading onto the vessel;
These security measures may include: (4) Include inventory control proce-
(1) Locking or securing access points; dures at access points to the vessel;
(2) Monitoring and using surveillance and
equipment; (5) When there are regular or re-
(3) Using guards or patrols; and peated cargo operations with the same
(4) Using automatic intrusion detec- shipper, coordinate security measures
tion devices, which if used must acti- with the shipper or other responsible
vate an audible and/or visual alarm at party in accordance with an estab-
a location that is continuously at- lished agreement and procedures.
tended or monitored, to alert vessel (b) Maritime Security (MARSEC) Level
personnel to unauthorized access. 1. At MARSEC Level 1, the vessel
(e) MARSEC Level 2. In addition to owner or operator must ensure the im-
the security measures required for plementation of measures to:
MARSEC Level 1 in this section, at (1) Unless unsafe to do so, routinely
MARSEC Level 2, the vessel owner or check cargo and cargo spaces prior to
operator must also ensure the imple- and during cargo handling for evidence
mentation of additional security meas- of tampering;
ures, as specified for MARSEC Level 2 (2) Check that cargo to be loaded
in the approved VSP. These additional matches the cargo documentation, or
security measures may include: that cargo markings or container num-
(1) Increasing the frequency and in- bers match the information provided
tensity of monitoring and access con- with shipping documents;
trols on existing restricted access (3) Ensure, in liaison with the facil-
areas; ity, that vehicles to be loaded on board
(2) Restricting access to areas adja- car carriers, RO-RO, and passenger
cent to access points; ships are subjected to screening prior
(3) Providing continuous monitoring to loading, in accordance with the fre-
of each area, using surveillance equip- quency required in the VSP; and
ment; and (4) Check, in liaison with the facility,
(4) Dedicating additional personnel seals or other methods used to prevent
to guard or patrol each area. tampering.
(f) MARSEC Level 3. In addition to the (c) MARSEC Level 2. In addition to
security measures required for the security measures required for
352
MARSEC Level 1 in this section, at (4) Prevent vessel stores and bunkers
MARSEC Level 2, the vessel owner or from being accepted unless ordered.
operator must also ensure the imple- For vessels that routinely use a facil-
mentation of additional security meas- ity, a vessel owner or operator may es-
ures, as specified for MARSEC Level 2 tablish and implement standing ar-
in the approved Vessel Security Plan rangements between the vessel, its sup-
(VSP). These additional security meas- pliers, and a facility regarding notifi-
ures may include: cation and the timing of deliveries and
(1) Increasing the frequency and de- their documentation.
tail of checking cargo and cargo spaces (b) Maritime Security (MARSEC) Level
for evidence of tampering; 1. At MARSEC Level 1, the vessel
(2) Intensifying checks to ensure that owner or operator must ensure the im-
only the intended cargo, container, or plementation of measures to:
other cargo transport units are loaded; (1) Check vessel stores before being
(3) Intensifying screening of vehicles accepted;
to be loaded on car-carriers, RO-RO, (2) Check that vessel stores and
and passenger vessels; bunkers match the order prior to being
(4) In liaison with the facility, in- brought on board or being bunkered;
creasing frequency and detail in check- and
ing seals or other methods used to pre- (3) Ensure that vessel stores are con-
vent tampering; trolled or immediately and securely
(5) Increasing the frequency and in- stowed following delivery.
tensity of visual and physical inspec- (c) MARSEC Level 2. In addition to
tions; or the security measures required for
(6) Coordinating enhanced security MARSEC Level 1 in this section, at
measures with the shipper or other re- MARSEC Level 2, the vessel owner or
sponsible party in accordance with an operator must also ensure the imple-
established agreement and procedures. mentation of additional security meas-
(d) MARSEC Level 3. In addition to ures, as specified for MARSEC Level 2
the security measures for MARSEC in the approved Vessel Security Plan
Level 1 and MARSEC Level 2, at (VSP). These additional security meas-
MARSEC Level 3, the vessel owner or ures may include:
operator must ensure the implementa- (1) Intensifying inspection of the ves-
tion of additional security measures, as sel stores during delivery; or
specified for MARSEC Level 3 in the (2) Checking vessel stores prior to re-
approved VSP. These additional secu- ceiving them on board.
rity measures may include: (d) MARSEC Level 3. In addition to
(1) Suspending loading or unloading the security measures for MARSEC
of cargo; Level 1 and MARSEC Level 2, at
(2) Being prepared to cooperate with MARSEC Level 3, the vessel owner or
responders, facilities, and other ves- operator must ensure the implementa-
sels; or tion of additional security measures, as
(3) Verifying the inventory and loca- specified for MARSEC Level 3 in the
tion of any hazardous materials carried approved VSP. These additional secu-
on board. rity measures may include:
[USCG200314749, 68 FR 39302, July 1, 2003, as (1) Checking all vessel stores more
amended at 68 FR 60514, Oct. 22, 2003] extensively;
(2) Restricting or suspending delivery
104.280 Security measures for deliv- of vessel stores and bunkers; or
ery of vessel stores and bunkers. (3) Refusing to accept vessel stores
(a) General. The vessel owner or oper- on board.
ator must ensure that security meas-
ures relating to the delivery of vessel 104.285 Security measures for moni-
stores and bunkers are implemented to: toring.
(1) Check vessel stores for package (a) General. (1) The vessel owner or
integrity; operator must ensure the implementa-
(2) Prevent vessel stores from being tion of security measures and have the
accepted without inspection; capability to continuously monitor,
(3) Deter tampering; and through a combination of lighting,
353
104.290 33 CFR Ch. I (7112 Edition)
watchkeepers, security guards, deck operator must also ensure the imple-
watches, waterborne patrols, auto- mentation of additional security meas-
matic intrusion-detection devices, or ures, as specified for MARSEC Level 2
surveillance equipment, as specified in in the approved VSP. These additional
their approved Vessel Security Plan security measures may include:
(VSP), the (1) Increasing the frequency and de-
(i) Vessel; tail of security patrols;
(ii) Restricted areas on board the ves- (2) Increasing the coverage and inten-
sel; and sity of lighting, alone or in coordina-
(iii) Area surrounding the vessel. tion with the facility;
(2) The following must be considered (3) Using or increasing the use of se-
when establishing the appropriate level curity and surveillance equipment;
and location of lighting: (4) Assigning additional personnel as
(i) Vessel personnel should be able to security lookouts;
detect activities on and around the ves- (5) Coordinating with boat patrols,
sel, on both the shore side and the wa- when provided; and
terside; (6) Coordinating with shoreside foot
(ii) Coverage should facilitate per- or vehicle patrols, when provided.
sonnel identification at access points; (d) MARSEC Level 3. In addition to
(iii) Coverage may be provided the security measures for MARSEC
through coordination with the port or Level 1 and MARSEC Level 2, at
facility; and MARSEC Level 3, the vessel owner or
(iv) Lighting effects, such as glare, operator must ensure the implementa-
and its impact on safety, navigation, tion of additional security measures, as
and other security activities. specified for MARSEC Level 3 in the
(b) Maritime Security (MARSEC) Level approved VSP. These additional secu-
1. At MARSEC Level 1, the vessel rity measures may include:
owner or operator must ensure the im- (1) Cooperating with responders and
plementation of security measures, facilities;
which may be done in coordination (2) Switching on all lights;
with a facility, to: (3) Illuminating the vicinity of the
(1) Monitor the vessel, particularly vessel;
vessel access points and restricted (4) Switching on all surveillance
areas; equipment capable of recording activi-
(2) Be able to conduct emergency ties on, or in the vicinity of, the vessel;
searches of the vessel; (5) Maximizing the length of time
(3) Ensure that equipment or system such surveillance equipment can con-
failures or malfunctions are identified tinue to record;
and corrected; (6) Preparing for underwater inspec-
(4) Ensure that any automatic intru- tion of the hull; and
sion detection device sets off an audi- (7) Initiating measures, including the
ble or visual alarm, or both, at a loca- slow revolution of the vessels propel-
tion that is continuously attended or lers, if practicable, to deter underwater
monitored; access to the hull of the vessel.
(5) Light deck and vessel access [USCG200314749, 68 FR 39302, July 1, 2003, as
points during the period between sun- amended at 68 FR 60514, Oct. 22, 2003]
set and sunrise and periods of limited
visibility sufficiently to allow visual 104.290 Security incident procedures.
identification of persons seeking access For each Maritime Security
to the vessel; and (MARSEC) Level, the vessel owner or
(6) Use maximum available lighting operator must ensure the Vessel Secu-
while underway, during the period be- rity Officer (VSO) and vessel security
tween sunset and sunrise, consistent personnel are able to:
with safety and international regula- (a) Respond to security threats or
tions. breaches of security and maintain crit-
(c) MARSEC Level 2. In addition to ical vessel and vessel-to-facility inter-
the security measures required for face operations, to include:
MARSEC Level 1 in this section, at (1) Prohibiting entry into affected
MARSEC Level 2, the vessel owner or area;
354
(2) Denying access to the vessel, ex- (d) Owners and operators of passenger
cept to those responding to the emer- vessels and ferries covered by this part
gency; that use public access facilities, as that
(3) Implementing MARSEC Level 3 term is defined in 101.105 of this sub-
security measures throughout the ves- chapter, must address security meas-
sel; ures for the interface of the vessel and
(4) Stopping cargo-handling oper- the public access facility, in accord-
ations; and ance with the appropriate Area Mari-
(5) Notifying shoreside authorities or time Security Plan.
other vessels of the emergency; (e) At MARSEC Level 2, a vessel
(b) Evacuating the vessel in case of owner or operator must ensure, in addi-
security threats or breaches of secu- tion to MARSEC Level 1 measures, the
rity; implementation of the following:
(c) Reporting security incidents as (1) Search selected areas prior to em-
required in 101.305; barking passengers and prior to sailing;
(2) Passenger vessels certificated to
(d) Briefing all vessel personnel on
carry less than 2000 passengers, work-
possible threats and the need for vigi-
ing in coordination with the terminal,
lance, soliciting their assistance in re-
may be subject to additional vehicle
porting suspicious persons, objects, or
screening requirements in accordance
activities; and
with a MARSEC Directive or other or-
(e) Securing non-critical operations
ders issued by the Coast Guard; and
in order to focus response on critical
(3) As an alternative to the identi-
operations.
fication and screening requirements in
104.292 Additional requirements 104.265(f)(4) and (g)(1), intensify pa-
passenger vessels and ferries. trols, security sweeps and monitoring
identified in paragraph (b) of this sec-
(a) At all Maritime Security tion.
(MARSEC) Levels, the vessel owner or (f) At MARSEC Level 3, a vessel
operator must ensure security sweeps owner or operator may, in addition to
are performed, prior to getting under- MARSEC Levels 1 and 2 measures, as
way, after any period the vessel was an alternative to the identification
unattended. checks and passenger screening re-
(b) As an alternative to the identi- quirements in 104.265(f)(4) and (h)(1),
fication checks and passenger screen- ensure that random armed security pa-
ing requirements in 104.265 (f)(2), trols are conducted, which need not
(f)(4), and (f)(9), the owner or operator consist of vessel personnel.
of a passenger vessel or ferry may en-
sure security measures are imple- [USCG200314749, 68 FR 39302, July 1, 2003, as
mented that include: 20080179, 73 FR 35009, June 19, 2008]
(1) Searching selected areas prior to
embarking passengers and prior to sail- 104.295 Additional requirements
ing; and cruise ships.
(2) Implementing one or more of the (a) At all MARSEC Levels, the owner
following: or operator of a cruise ship must en-
(i) Performing routine security pa- sure the following:
trols; (1) Screen all persons, baggage, and
(ii) Providing additional closed-cir- personal effects for dangerous sub-
cuit television to monitor passenger stances and devices;
areas; or (2) Check the identification of all
(iii) Securing all non-passenger persons seeking to board the vessel;
areas. this check includes confirming the rea-
(c) Passenger vessels certificated to son for boarding by examining joining
carry more than 2000 passengers, work- instructions, passenger tickets, board-
ing in coordination with the terminal, ing passes, government identification
may be subject to additional vehicle or visitor badges, or work orders;
screening requirements in accordance (3) Perform security patrols; and
with a MARSEC Directive or other or- (4) Search selected areas prior to em-
ders issued by the Coast Guard. barking passengers and prior to sailing.
355
104.297 33 CFR Ch. I (7112 Edition)
(b) At MARSEC Level 3, the owner or (d) Those involved in a VSA should
operator of a cruise ship must ensure be able to draw upon expert assistance
that security briefs to passengers in the following areas:
about the specific threat are provided. (1) Knowledge of current security
threats and patterns;
104.297 Additional requirements (2) Recognition and detection of dan-
vessels on international voyages. gerous substances and devices;
(a) An owner or operator of a U.S. (3) Recognition of characteristics and
flag vessel, which is subject to the behavioral patterns of persons who are
International Convention for Safety of likely to threaten security;
Life at Sea, 1974, (SOLAS), must be in (4) Techniques used to circumvent se-
compliance with the applicable re- curity measures;
quirements of SOLAS Chapter XI1, (5) Methods used to cause a security
SOLAS Chapter XI2 and the ISPS incident;
Code, part A (Incorporated by ref- (6) Effects of dangerous substances
erence, see 101.115 of this subchapter). and devices on vessel structures and
(b) Owners or operators of U.S. flag equipment;
vessels that are required to comply (7) Vessel security requirements;
with SOLAS, must ensure an Inter- (8) Vessel-to-vessel activity and ves-
national Ship Security Certificate sel-to-facility interface business prac-
(ISSC) as provided in 46 CFR 2.0125 is tices;
obtained for the vessel. This certificate (9) Contingency planning, emergency
must be issued by the Coast Guard. preparedness and response;
(c) Owners or operators of vessels (10) Physical security requirements;
that require an ISSC in paragraph (b) (11) Radio and telecommunications
of this section must request an inspec- systems, including computer systems
tion in writing, at least 30 days prior to and networks;
the desired inspection date to the Offi- (12) Marine engineering; and
cer in Charge, Marine Inspection for (13) Vessel and port operations.
the Marine Inspection Office or Sector
Office of the port where the vessel will [USCG200314749, 68 FR 39302, July 1, 2003, as
be inspected to verify compliance with amended at 68 FR 60515, Oct. 22, 2003]
this part and applicable SOLAS re- 104.305 Vessel Security Assessment
quirements. The inspection must be (VSA) requirements.
completed and the initial ISSC must be
issued on or before July 1, 2004. (a) Background. The vessel owner or
operator must ensure that the fol-
[USCG200314749, 68 FR 39302, July 1, 2003, as lowing background information is pro-
amended at 68 FR 60515, Oct. 22, 2003; USCG vided to the person or persons who will
200625556, 72 FR 36328, July 2, 2007]
conduct the on-scene survey and as-
sessment:
Subpart CVessel Security (1) General layout of the vessel, in-
Assessment (VSA) cluding the location of:
(i) Each actual or potential point of
104.300 General. access to the vessel and its function;
(a) The Vessel Security Assessment (ii) Spaces that should have re-
(VSA) is a written document that is stricted access;
based on the collection of background (iii) Essential maintenance equip-
information and the completion and ment;
analysis of an on-scene survey. (iv) Cargo spaces and storage;
(b) A single VSA may be performed (v) Storage of unaccompanied bag-
and applied to more than one vessel to gage; and
the extent that they share physical (vi) Vessel stores;
characteristics and operations. (2) Threat assessments, including the
(c) Third parties may be used in any purpose and methodology of the assess-
aspect of the VSA if they have the ap- ment, for the area or areas in which
propriate skills and if the Company Se- the vessel operates or at which pas-
curity Officer (CSO) reviews and ac- sengers embark or disembark;
cepts their work. (3) The previous VSA, if any;
356
(4) Emergency and stand-by equip- (6) Monitoring deck areas and areas
ment available to maintain essential surrounding the vessel; and
services; (7) The ready availability of security
(5) Number of vessel personnel and communications, information, and
any existing security duties to which equipment.
they are assigned; (c) Analysis and recommendations. In
(6) Existing personnel training re- conducting the VSA, the Company Se-
quirement practices of the vessel; curity Officer (CSO) must analyze the
(7) Existing security and safety vessel background information and the
equipment for the protection of per- on-scene survey, and while considering
sonnel, visitors, passengers, and vessels the requirements of this part, provide
personnel; recommendations for the security
(8) Escape and evacuation routes and measures the vessel should include in
assembly stations that have to be the Vessel Security Plan (VSP). This
maintained to ensure the orderly and includes but is not limited to the fol-
safe emergency evacuation of the ves- lowing:
sel; (1) Restricted areas;
(9) Existing agreements with private (2) Response procedures for fire or
security companies providing water- other emergency conditions;
side or vessel security services; and (3) Security supervision of vessel per-
(10) Existing security measures and sonnel, passengers, visitors, vendors,
procedures, including: repair technicians, dock workers, etc.;
(i) Inspection and control procedures; (4) Frequency and effectiveness of se-
(ii) Identification systems; curity patrols;
(iii) Surveillance and monitoring (5) Access control systems, including
equipment; identification systems;
(iv) Personnel identification docu- (6) Security communication systems
ments; and procedures;
(v) Communication systems; (7) Security doors, barriers, and
(vi) Alarms; lighting;
(vii) Lighting; (8) Any security and surveillance
(viii) Access control systems; and equipment and systems;
(ix) Other security systems. (9) Possible security threats, includ-
(b) On-scene survey. The vessel owner ing but not limited to:
or operator must ensure that an on- (i) Damage to or destruction of the
scene survey of each vessel is con- vessel or an interfacing facility or ves-
ducted. The on-scene survey is to sel by dangerous substances and de-
verify or collect information required vices, arson, sabotage, or vandalism;
in paragraph (a) of this section. It con- (ii) Hijacking or seizure of the vessel
sists of an actual survey that examines or of persons on board;
and evaluates existing vessel protec- (iii) Tampering with cargo, essential
tive measures, procedures, and oper- vessel equipment or systems, or vessel
ations for: stores;
(1) Ensuring performance of all secu- (iv) Unauthorized access or use, in-
rity duties; cluding presence of stowaways;
(2) Controlling access to the vessel, (v) Smuggling dangerous substances
through the use of identification sys- and devices;
tems or otherwise; (vi) Use of the vessel to carry those
(3) Controlling the embarkation of intending to cause a security incident
vessel personnel and other persons and and/or their equipment;
their effects, including personal effects (vii) Use of the vessel itself as a
and baggage whether accompanied or weapon or as a means to cause damage
unaccompanied; or destruction;
(4) Supervising the handling of cargo (viii) Attacks from seaward while at
and the delivery of vessel stores; berth or at anchor; and
(5) Monitoring restricted areas to en- (ix) Attacks while at sea; and
sure that only authorized persons have (10) Evaluating the potential of each
access; identified point of access, including
357
104.310 33 CFR Ch. I (7112 Edition)
open weather decks, for use by individ- (4) The VSA report must account for
uals who might seek to breach secu- any vulnerabilities in the following
rity, whether or not those individuals areas:
legitimately have access to the vessel. (i) Conflicts between safety and secu-
(d) VSA report. (1) The vessel owner or rity measures;
operator must ensure that a written (ii) Conflicts between vessel duties
VSA report is prepared and included as and security assignments;
part of the VSP. The VSA report must (iii) The impact of watch-keeping du-
contain: ties and risk of fatigue on vessel per-
(i) A summary of how the on-scene sonnel alertness and performance;
survey was conducted; (iv) Security training deficiencies;
(ii) Existing security measures, pro- and
cedures, and operations; (v) Security equipment and systems,
including communication systems.
(iii) A description of each vulner-
(5) The VSA report must discuss and
ability found during the assessment;
evaluate key vessel measures and oper-
(iv) A description of security coun- ations, including:
termeasures that could be used to ad- (i) Ensuring performance of all secu-
dress each vulnerability; rity duties;
(v) A list of the key vessel operations (ii) Controlling access to the vessel,
that are important to protect; through the use of identification sys-
(vi) The likelihood of possible threats tems or otherwise;
to key vessel operations; and (iii) Controlling the embarkation of
(vii) A list of identified weaknesses, vessel personnel and other persons and
including human factors, in the infra- their effects (including personal effects
structure, policies, and procedures of and baggage whether accompanied or
the vessel. unaccompanied);
(2) The VSA report must address the (iv) Supervising the handling of cargo
following elements on board or within and the delivery of vessel stores;
the vessel: (v) Monitoring restricted areas to en-
(i) Physical security; sure that only authorized persons have
(ii) Structural integrity; access;
(iii) Personnel protection systems; (vi) Monitoring deck areas and areas
(iv) Procedural policies; surrounding the vessel; and
(vii) The ready availability of secu-
(v) Radio and telecommunication
rity communications, information, and
systems, including computer systems
equipment.
and networks; and (e) The VSA must be documented and
(vi) Other areas that may, if damaged the VSA report retained by the vessel
or used illicitly, pose a risk to people, owner or operator with the VSP. The
property, or operations on board the VSA, the VSA report, and VSP must be
vessel or within a facility. protected from unauthorized access or
(3) The VSA report must list the per- disclosure.
sons, activities, services, and oper-
ations that are important to protect, [USCG200314749, 68 FR 39302, July 1, 2003, as
amended at 68 FR 60515, Oct. 22, 2003]
in each of the following categories:
(i) Vessel personnel; 104.310 Submission requirements.
(ii) Passengers, visitors, vendors, re- (a) A completed Vessel Security As-
pair technicians, facility personnel, sessment (VSA) report must be sub-
etc.; mitted with the Vessel Security Plan
(iii) Capacity to maintain safe navi- (VSP) required in 104.410 of this part.
gation and emergency response; (b) A vessel owner or operator may
(iv) Cargo, particularly dangerous generate and submit a report that con-
goods and hazardous substances; tains the VSA for more than one vessel
(v) Vessel stores; subject to this part, to the extent that
(vi) Any vessel security communica- they share similarities in physical
tion and surveillance systems; and characteristics and operations.
(vii) Any other vessel security sys- (c) The VSA must be reviewed and re-
tems, if any. validated, and the VSA report must be
358
updated, each time the VSP is subpart B of the ISPS Code need to be
mitted for reapproval or revisions. taken into account.
(c) The VSP is sensitive security in-
[USCG200314749, 68 FR 39302, July 1, 2003, as
amended at 68 FR 60515, Oct. 22, 2003]
formation and must be protected in ac-
cordance with 49 CFR part 1520.
(d) If the VSP is kept in an electronic
Subpart DVessel Security Plan format, procedures must be in place to
(VSP) prevent its unauthorized deletion, de-
struction, or amendment.
104.400 General.
[USCG200314749, 68 FR 39302, July 1, 2003, as
(a) The Company Security Officer amended at 68 FR 60515, Oct. 22, 2003; USCG
(CSO) must ensure a Vessel Security 200418057, 69 FR 34925, June 23, 2004; USCG
Plan (VSP) is developed and imple- 200726953, 72 FR 5931, Feb. 8, 2007; USCG
mented for each vessel. The VSP: 20100351, 75 FR 36282, June 25, 2010]
(1) Must identify the CSO and VSO by
104.405 Format of the Vessel Security
name or position and provide 24-hour Plan (VSP).
contact information;
(2) Must be written in English, al- (a) A vessel owner or operator must
though a translation of the VSP in the ensure that the VSP consists of the in-
working language of vessel personnel dividual sections listed in this para-
may also be developed; graph (a). If the VSP does not follow
the order as it appears in the list, the
(3) Must address each vulnerability
vessel owner or operator must ensure
identified in the Vessel Security As-
that the VSP contains an index identi-
sessment (VSA);
fying the location of each of the fol-
(4) Must describe security measures lowing sections:
for each MARSEC Level; (1) Security organization of the ves-
(5) Must state the Masters authority sel;
as described in 104.205; and (2) Personnel training;
(6) May cover more than one vessel to (3) Drills and exercises;
the extent that they share similarities (4) Records and documentation;
in physical characteristics and oper- (5) Response to change in MARSEC
ations, if authorized and approved by Level;
the Commanding Officer, Marine Safe- (6) Procedures for interfacing with fa-
ty Center. cilities and other vessels;
(b) The VSP must be submitted to (7) Declarations of Security (DoS);
the Commanding Officer (MSC), USCG (8) Communications;
Marine Safety Center, 1900 Half Street, (9) Security systems and equipment
SW., Suite 1000, Room 525, Washington, maintenance;
DC 20024 for visitors. Send all mail to (10) Security measures for access con-
Commanding Officer (MSC), United trol, including designated passenger ac-
States Coast Guard, 2100 2nd St. SW., cess areas and employee access areas;
Stop 7102, Washington, DC 205937102, in (11) Security measures for restricted
a written or electronic format. Infor- areas;
mation for submitting the VSP elec- (12) Security measures for handling
tronically can be found at http:// cargo;
www.uscg.mil/HQ/MSC. Owners or opera- (13) Security measures for delivery of
tors of foreign flag vessels that are sub- vessel stores and bunkers;
ject to SOLAS Chapter XI1 or Chapter (14) Security measures for moni-
XI2 must comply with this part by toring;
carrying on board a valid International (15) Security incident procedures;
Ship Security Certificate that certifies (16) Audits and Vessel Security Plan
that the verifications required by Sec- (VSP) amendments; and
tion 19.1 of part A of the ISPS Code (In- (17) Vessel Security Assessment
corporated by reference, see 101.115 of (VSA) Report.
this subchapter) have been completed. (b) The VSP must describe in detail
As stated in Section 9.4 of the ISPS how the requirements of subpart B of
Code, part A requires that, in order for this part will be met. VSPs that have
the ISSC to be issued, the provisions of been approved by the Coast Guard prior
359
104.410 33 CFR Ch. I (7112 Edition)
to March 26, 2007, do not need to be (f) A plan that is approved by the
amended to describe their TWIC proce- MSC is valid for 5 years from the date
dures until the next regularly sched- of its approval.
uled resubmission of the VSP. [USCG200314749, 68 FR 39302, July 1, 2003, as
[USCG200314749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60515, Oct. 22, 2003; USCG
amended by USCG200624196, 72 FR 3582, 200419963, 70 FR 74669, Dec. 16, 2005]
Jan. 25, 2007]
104.415 Amendment and audit.
104.410 Submission and approval. (a) Amendments. (1) Amendments to a
Vessel Security Plan that are approved
(a) In accordance with 104.115, on or
by the Marine Safety Center (MSC)
before December 31, 2003, each vessel
may be initiated by:
owner or operator must either: (i) The vessel owner or operator; or
(1) Submit one copy of their Vessel (ii) The Coast Guard upon a deter-
Security Plan (VSP), in English, for re- mination that an amendment is needed
view and approval to the Commanding to maintain the vessels security. The
Officer, Marine Safety Center (MSC) Coast Guard will give the vessel owner
and a letter certifying that the VSP or operator written notice and request
meets applicable requirements of this that the vessel owner or operator pro-
part; or pose amendments addressing any mat-
(2) If intending to operate under an ters specified in the notice. The com-
Approved Security Program, a letter pany owner or operator will have at
signed by the vessel owner or operator least 60 days to submit its proposed
stating which approved Alternative Se- amendments. Until amendments are
curity Program the owner or operator approved, the company owner or oper-
intends to use. ator shall ensure temporary security
(b) Owners or operators of vessels not measures are implemented to the satis-
in service on or before December 31, faction of the Coast Guard.
2003, must comply with the require- (2) Proposed amendments must be
ments in paragraph (a) of this section sent to the MSC at the address shown
60 days prior to beginning operations in 104.400(b) of this part. If initiated
or by December 31, 2003, whichever is by the company or vessel, owner or op-
later. erator, the proposed amendment must
(c) The Commanding Officer, Marine be submitted at least 30 days before the
Safety Center (MSC), will examine amendment is to take effect unless the
each submission for compliance with MSC allows a shorter period. The MSC
this part, and either: will approve or disapprove the proposed
(1) Approve it and specify any condi- amendment in accordance with 104.410
tions of approval, returning to the sub- of this part.
(3) Nothing in this section should be
mitter a letter stating its acceptance
construed as limiting the vessel owner
and any conditions;
or operator from the timely implemen-
(2) Return it for revision, returning a tation of such additional security
copy to the submitter with brief de- measures not enumerated in the ap-
scriptions of the required revisions; or proved VSP as necessary to address ex-
(3) Disapprove it, returning a copy to igent security situations. In such
the submitter with a brief statement of cases, the owner or operator must no-
the reasons for disapproval. tify the MSC by the most rapid means
(d) A VSP may be submitted and ap- practicable as to the nature of the ad-
proved to cover more than one vessel ditional measures, the circumstances
where the vessel design and operations that prompted these additional meas-
are similar. ures, and the period of time these addi-
(e) Each company or vessel, owner or tional measures are expected to be in
operator, that submits one VSP to place.
cover two or more vessels of similar de- (4) If the owner or operator has
sign and operation must address vessel- changed, the Vessel Security Officer
specific information that includes the (VSO) must amend the Vessel Security
physical and operational characteris- Plan (VSP) to include the name and
tics of each vessel. contact information of the new vessel
360
owner or operator and submit the af- 105.115 Compliance dates.

fected portion of the VSP for review 105.120 Compliance documentation.
and approval in accordance with 105.125 Noncompliance.
105.130 Waivers.
104.410 of this part. 105.135 Equivalents.
(b) Audits. (1) The CSO or VSO must 105.140 Alternative Security Program.
ensure an audit of the VSP is per- 105.145 Maritime Security (MARSEC) Direc-
formed annually, beginning no later tive.
than one year from the initial date of 105.150 Right to appeal.
approval and attach a letter to the
VSP certifying that the VSP meets the Subpart BFacility Security Requirements
applicable requirements of this part. 105.200 Owner or operator.
(2) The VSP must be audited if there 105.205 Facility Security Officer (FSO).
is a change in the companys or vessels 105.210 Facility personnel with security du-
ownership or operator, or if there have ties.
been modifications to the vessel, in- 105.215 Security training for all other facil-
cluding but not limited to physical ity personnel.
105.220 Drill and exercise requirements.
structure, emergency response proce- 105.225 Facility recordkeeping require-
dures, security measures, or oper- ments.
ations. 105.230 Maritime Security (MARSEC) Level
(3) Auditing the VSP as a result of coordination and implementation.
modifications to the vessel may be lim- 105.235 Communications.
ited to those sections of the VSP af- 105.240 Procedures for interfacing with ves-
fected by the vessel modifications. sels.
(4) Unless impracticable due to the 105.245 Declaration of Security (DoS).
105.250 Security systems and equipment
size and nature of the company or the maintenance.
vessel, personnel conducting internal 105.255 Security measures for access con-
audits of the security measures speci- trol.
fied in the VSP or evaluating its imple- 105.257 Security measures for newly-hired
mentation must: employees.
(i) Have knowledge of methods of 105.260 Security measures for restricted
conducting audits and inspections, and areas.
105.265 Security measures for handling
control and monitoring techniques; cargo.
(ii) Not have regularly assigned secu- 105.270 Security measures for delivery of
rity duties; and vessel stores and bunkers.
(iii) Be independent of any security 105.275 Security measures for monitoring.
measures being audited. 105.280 Security incident procedures.
(5) If the results of an audit require 105.285 Additional requirementspassenger
amendment of either the VSA or VSP, and ferry facilities.
the VSO or CSO must submit, in ac- 105.290 Additional requirementscruise
ship terminals.
cordance with 104.410 of this part, the 105.295 Additional requirementsCertain
amendments to the MSC for review and Dangerous Cargo (CDC) facilities.
approval no later than 30 days after 105.296 Additional requirementsbarge
completion of the audit and a letter fleeting facilities.
certifying that the amended VSP
meets the applicable requirements of Subpart CFacility Security Assessment
this part. (FSA)
[USCG200314749, 68 FR 39302, July 1, 2003; 68 105.300 General.
FR 41915, July 16, 2003, as amended at 68 FR 105.305 Facility Security Assessment (FSA)
60515, Oct. 22, 2003] requirements.
105.310 Submission requirements.
PART 105MARITIME SECURITY: Subpart DFacility Security Plan (FSP)
FACILITIES
105.400 General.
105.405 Format and content of the Facility
Subpart A-General Security Plan (FSP).
Sec. 105.410 Submission and approval.
105.100 Definitions. 105.415 Amendment and audit.
105.105 Applicability. APPENDIX A TO PART 105FACILITY VULNER-
105.106 Public access areas. ABILITY AND SECURITY MEASURE SUMMARY
105.110 Exemptions. (CG6025).
361
105.100 33 CFR Ch. I (7112 Edition)
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C. (i) The facility is engaged solely in
70103; 50 U.S.C. 191; 33 CFR 1.051, 6.0411, 6.14, the exploration, development, or pro-
6.16, and 6.19; Department of Homeland Secu- duction of oil and natural gas; and
rity Delegation No. 0170.1.
(ii) The facility does not meet or ex-
SOURCE: USCG200314732, 68 FR 39322, July ceed the operating conditions in
1, 2003, unless otherwise noted. 106.105 of this subchapter;
(3) A facility that supports the pro-
Subpart AGeneral duction, exploration, or development of
oil and natural gas regulated by 33 CFR
105.100 Definitions. parts 126 or 154 if:
Except as specifically stated in this (i) The facility is engaged solely in
the support of exploration, develop-
subpart, the definitions in part 101 of
ment, or production of oil and natural
this subchapter apply to this part.
gas and transports or stores quantities
105.105 Applicability. of hazardous materials that do not
meet or exceed those specified in 49
(a) The requirements in this part CFR 172.800(b)(1) through (b)(6); or
apply to the owner or operator of any (ii) The facility stores less than 42,000
U.S.: gallons of cargo regulated by 33 CFR
(1) Facility subject to 33 CFR parts part 154;
126, 127, or 154; (4) A mobile facility regulated by 33
(2) Facility that receives vessels cer- CFR part 154; or
tificated to carry more than 150 pas- (5) An isolated facility that receives
sengers, except those vessels not car- materials regulated by 33 CFR parts 126
rying and not embarking or dis- or 154 by vessel due to the lack of road
embarking passengers at the facility; access to the facility and does not dis-
(3) Facility that receives vessels sub- tribute the material through secondary
ject to the International Convention marine transfers.
for Safety of Life at Sea, 1974, chapter (d) The TWIC requirements found in
XI; this part do not apply to mariners em-
(4) Facility that receives foreign ployed aboard vessels moored at U.S.
cargo vessels greater than 100 gross facilities only when they are working
register tons; immediately adjacent to their vessels
(5) Facility that receives U.S. cargo in the conduct of vessel activities.
vessels, greater than 100 gross register [USCG200314732, 68 FR 39322, July 1, 2003, as
tons, subject to 46 CFR chapter I, sub- amended at 68 FR 60541, Oct. 22, 2003; USCG
chapter I, except for those facilities 200624196, 72 FR 55048, Sept. 28, 2007]
that receive only commercial fishing
vessels inspected under 46 CFR part 105.106 Public access areas.
105; or (a) A facility serving ferries or pas-
(6) Barge fleeting facility that re- senger vessels certificated to carry
ceives barges carrying, in bulk, cargoes more than 150 passengers, other than
regulated by 46 CFR chapter I, sub- cruise ships, may designate an area
chapters D or O, or Certain Dangerous within the facility as a public access
Cargoes. area.
(b) An owner or operator of any facil- (b) A public access area is a defined
ity not covered in paragraph (a) of this space within a facility that is open to
section is subject to parts 101 through all persons and provides pedestrian ac-
103 of this subchapter. cess through the facility from public
(c) This part does not apply to the thoroughfares to the vessel.
owner or operator of the following U.S. [USCG200314732, 68 FR 39322, July 1, 2003, as
facilities: amended at 68 FR 60540, Oct. 22, 2003]
(1) A facility owned or operated by
the U.S. that is used primarily for mili- 105.110 Exemptions.
tary purposes. (a) An owner or operator of any barge
(2) An oil and natural gas production, fleeting facility subject to this part is
exploration, or development facility exempt from complying with 105.265,
regulated by 33 CFR parts 126 or 154 if: Security measures for handling cargo;
362
and 105.270, Security measures for de- to the cognizant COTP for each facil-
livery of vessel stores and bunkers. ity
(b) A public access area designated (1) The Facility Security Plan de-
under 105.106 is exempt from the re- scribed in subpart D of this part for re-
quirements for screening of persons, view and approval; or
baggage, and personal effects and iden- (2) If intending to operate under an
tification of persons in 105.255(c), approved Alternative Security Pro-
(e)(1), (e)(3), (f)(1), and (g)(1) and gram, a letter signed by the facility
105.285(a)(1). owner or operator stating which ap-
(c) An owner or operator of any gen- proved Alternative Security Program
eral shipyard facility as defined in the owner or operator intends to use.
101.105 is exempt from the require- (b) On or before July 1, 2004, each fa-
ments of this part unless the facility: cility owner or operator must be oper-
(1) Is subject to parts 126, 127, or 154 ating in compliance with this part.
of this chapter; or (c) Facility owners or operators wish-
(2) Provides any other service to ves- ing to designate only those portions of
sels subject to part 104 of this sub- their facility that are directly con-
chapter not related to construction, re- nected to maritime transportation or
pair, rehabilitation, refurbishment, or are at risk of being involved in a trans-
rebuilding. portation security incident as their se-
(d) Public access facility. (1) The COTP cure area(s) must do so by submitting
may exempt a public access facility an amendment to their Facility Secu-
from the requirements of this part, in- rity Plan to their cognizant COTP, in
cluding establishing conditions for accordance with 105.415 of this part,
which such an exemption is granted, to by September 4, 2007.
ensure that adequate security is main- (d) Persons required to obtain a
tained. TWIC under this part may enroll begin-
(2) The owner or operator of any pub- ning after the date set by the Coast
lic access facility exempted under this Guard in a Notice to be published in
section must: the FEDERAL REGISTER. This notice
(i) Comply with any COTP conditions will be directed to all facilities and
for the exemption; and vessels within a specific COTP zone.
(ii) Ensure that the cognizant COTP (e) Facility owners or operators must
has the appropriate information for be operating in accordance with the
contacting the individual with security TWIC provisions in this part by the
responsibilities for the public access fa- date set by the Coast Guard in a Notice
cility at all times. to be published in the FEDERAL REG-
ISTER. This Notice will be published at
(3) The cognizant COTP may with-
least 90 days before compliance must
draw the exemption for a public access
begin, and will be directed to all facili-
facility at any time the owner or oper-
ties within a specific Captain of the
ator fails to comply with any require-
Port zone, based on whether enroll-
ment of the COTP as a condition of the
ment has been completed in that zone.
exemption or any measure ordered by
Unless an earlier compliance date is
the COTP pursuant to existing COTP
specified in this manner, all facility
authority.
owner or operators will need to imple-
(e) An owner or operator of a facility
ment their TWIC provisions no later
is not subject to this part if the facility
than April 15, 2009.
receives only vessels to be laid-up, dis-
mantled, or otherwise placed out of [USCG200314732, 68 FR 39322, July 1, 2003, as
commission provided that the vessels amended at 68 FR 60540, Oct. 22, 2003; USCG
are not carrying and do not receive 200419963, 70 FR 74669, Dec. 16, 2005; USCG
200624196, 72 FR 3582, Jan. 25, 2007; 72 FR
cargo or passengers at that facility.
38486, July 13, 2007; 73 FR 25565, May 7, 2008]
[USCG200314732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60540, Oct. 22, 2003] 105.120 Compliance documentation.
Each facility owner or operator sub-
105.115 Compliance dates. ject to this part must ensure, on or be-
(a) On or before December 31, 2003, fa- fore July 1, 2004, that copies of the fol-
cility owners or operators must submit lowing documentation are available at
363
105.125 33 CFR Ch. I (7112 Edition)
the facility and are made available to writing, a waiver with or without con-
the Coast Guard upon request: ditions only if the waiver will not re-
(a) The approved Facility Security duce the overall security of the facil-
Plan (FSP), as well as any approved re- ity, its employees, visiting vessels, or
visions or amendments thereto, and a ports.
letter of approval from the COTP dated
[USCG200314732, 68 FR 39322, July 1, 2003; 68
within the last 5 years; FR 41916, July 16, 2003; USCG20080179, 73 FR
(b) The FSP submitted for approval 35009, June 19, 2008; USCG20100351, 75 FR
and an acknowledgement letter from 36282, June 25, 2010]
the COTP stating that the Coast Guard
is currently reviewing the FSP sub- 105.135 Equivalents.
mitted for approval, and that the facil-
For any measure required by this
ity may continue to operate so long as
part, the facility owner or operator
the facility remains in compliance
may propose an equivalent as provided
with the submitted FSP; or
in 101.130 of this subchapter.
(c) For facilities operating under a
Coast Guard-approved Alternative Se- 105.140 Alternative Security Pro-
curity Program as provided in 105.140, gram.
a copy of the Alternative Security Pro-
gram the facility is using, including a (a) A facility owner or operator may
facility specific security assessment re- use an Alternative Security Program
port generated under the Alternative approved under 101.120 of this sub-
Security Program, as specified in chapter if:
101.120(b)(3) of this subchapter, and a (1) The Alternative Security Program
letter signed by the facility owner or is appropriate to that facility;
operator, stating which Alternative Se- (2) The Alternative Security Program
curity Program the facility is using is implemented in its entirety.
and certifying that the facility is in (b) A facility owner or operator using
full compliance with that program. an Alternative Security Program ap-
proved under 101.120 of this sub-
[USCG200314732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60541, Oct. 22, 2003]
chapter must complete and submit to
the cognizant COTP a Facility Vulner-
105.125 Noncompliance. ability and Security Measures Sum-
mary (Form CG6025) in appendix A to
When a facility must temporarily de-
part 105Facility Vulnerability and
viate from the requirements of this
Security (CG6025).
part, the facility owner or operator
must notify the cognizant COTP, and 105.145 Maritime Security (MARSEC)
either suspend operations or request Directive.
and receive permission from the COTP
to continue operating. Each facility owner or operator sub-
ject to this part must comply with any
[USCG200314732, 68 FR 60541, Oct. 22, 2003] instructions contained in a MARSEC
Directive issued under 101.405 of this
105.130 Waivers. subchapter.
Any facility owner or operator may
apply for a waiver of any requirement 105.150 Right to appeal.
of this part that the facility owner or Any person directly affected by a de-
operator considers unnecessary in light cision or action taken under this part,
of the nature or operating conditions of by or on behalf of the Coast Guard,
the facility, prior to operating. A re- may appeal as described in 101.420 of
quest for a waiver must be submitted this subchapter.
in writing with justification to the
Commandant (CG-54) at 2100 2nd St.
SW., Stop 7581, Washington, DC 20593 Subpart BFacility Security
7581. The Commandant (CG-54) may re- Requirements
quire the facility owner or operator to
provide data for use in determining the 105.200 Owner or operator.
validity of the requested waiver. The (a) Each facility owner or operator
Commandant (CG-54) may grant, in must ensure that the facility operates
364
in compliance with the requirements of nations. The text of these treaties can
this part. be found at http://www.marad.dot.gov/
(b) For each facility, the facility Programs/treaties.html;
owner or operator must: (10) Ensure, within 12 hours of notifi-
(1) Define the security organizational cation of an increase in MARSEC
structure and provide each person exer- Level, implementation of the addi-
cising security duties and responsibil- tional security measures required for
ities within that structure the support the new MARSEC Level;
needed to fulfill those obligations; (11) Ensure security for unattended
(2) Designate, in writing, by name or vessels moored at the facility;
by title, a Facility Security Officer (12) Ensure the report of all breaches
(FSO) and identify how the officer can of security and transportation security
be contacted at any time; incidents to the National Response
(3) Ensure that a Facility Security Center in accordance with part 101 of
Assessment (FSA) is conducted; this chapter;
(4) Ensure the development and sub- (13) Ensure consistency between secu-
mission for approval of an FSP; rity requirements and safety require-
(5) Ensure that the facility operates ments;
in compliance with the approved FSP; (14) Inform facility personnel of their
(6) Ensure that the TWIC program is responsibility to apply for and main-
properly implemented as set forth in tain a TWIC, including the deadlines
this part, including: and methods for such applications, and
(i) Ensuring that only individuals of their obligation to inform TSA of
who hold a TWIC and are authorized to any event that would render them in-
be in the secure area in accordance eligible for a TWIC, or which would in-
with the FSP are permitted to escort; validate their existing TWIC;
(ii) Identifying what action is to be (15) Ensure that protocols consistent
taken by an escort, or other authorized with section 105.255(c) of this part, for
individual, should individuals under es- dealing with individuals requiring ac-
cort engage in activities other than cess who report a lost, damaged, or sto-
those for which escorted access was len TWIC, or who have applied for and
granted; and not yet received a TWIC, are in place;
(iii) Notifying facility employees, and
and passengers if applicable, of what (16) If applicable, ensure that proto-
parts of the facility are secure areas cols consistent with 105.257 of this
and public access areas, as applicable, part, for dealing with newly hired em-
and ensuring such areas are clearly ployees who have applied for and not
marked. yet received a TWIC, are in place.
(7) Ensure that restricted areas are [USCG200314732, 68 FR 39322, July 1, 2003, as
controlled and TWIC provisions are co- amended at 68 FR 60541, Oct. 22, 2003; USCG
ordinated, if applied to such restricted 200624196, 72 FR 3582, Jan. 25, 2007]
areas;
(8) Ensure that adequate coordina- 105.205 Facility Security Officer
tion of security issues takes place be- (FSO).
tween the facility and vessels that call (a) General. (1) The FSO may perform
on it, including the execution of a Dec- other duties within the owners or op-
laration of Security (DoS) as required erators organization, provided he or
by this part; she is able to perform the duties and
(9) Ensure coordination of shore leave responsibilities required of the FSO.
for vessel personnel or crew change- (2) The same person may serve as the
out, as well as access through the facil- FSO for more than one facility, pro-
ity for visitors to the vessel (including vided the facilities are in the same
representatives of seafarers welfare COTP zone and are not more than 50
and labor organizations), with vessel miles apart. If a person serves as the
operators in advance of a vessels ar- FSO for more than one facility, the
rival. In coordinating such leave, facil- name of each facility for which he or
ity owners or operators may refer to she is the FSO must be listed in the
treaties of friendship, commerce, and Facility Security Plan (FSP) of each
navigation between the U.S. and other facility for which or she is the FSO.
365
105.205 33 CFR Ch. I (7112 Edition)
(3) The FSO may assign security du- (xiii) Conducting security drills and
ties to other facility personnel; how- exercises, including exercises with ves-
ever, the FSO retains the responsi- sels; and
bility for these duties. (xiv) Assessing security drills and ex-
(4) The FSO must maintain a TWIC. ercises.
(b) Qualifications. (1) The FSO must (xv) Knowledge of TWIC require-
have general knowledge, through train- ments.
ing or equivalent job experience, in the (c) Responsibilities. In addition to
following: those responsibilities and duties speci-
(i) Security organization of the facil- fied elsewhere in this part, the FSO
ity; must, for each facility for which he or
(ii) General vessel and facility oper- she has been designated:
ations and conditions; (1) Ensure that the Facility Security
(iii) Vessel and facility security Assessment (FSA) is conducted;
measures, including the meaning and (2) Ensure the development and im-
the requirements of the different plementation of a FSP;
MARSEC Levels; (3) Ensure that an annual audit is
(iv) Emergency preparedness, re- conducted, and if necessary that the
sponse, and contingency planning; FSA and FSP are updated;
(v) Security equipment and systems, (4) Ensure the FSP is exercised per
and their operational limitations; and 105.220 of this part;
(vi) Methods of conducting audits, in- (5) Ensure that regular security in-
spections, control, and monitoring spections of the facility are conducted;
techniques. (6) Ensure the security awareness and
(2) In addition to knowledge and vigilance of the facility personnel;
training required in paragraph (b)(1) of (7) Ensure adequate training to per-
this section, the FSO must have knowl- sonnel performing facility security du-
edge of and receive training in the fol- ties;
lowing, as appropriate: (8) Ensure that occurrences that
(i) Relevant international laws and threaten the security of the facility are
codes, and recommendations; recorded and reported to the owner or
operator;
(ii) Relevant government legislation
and regulations; (9) Ensure the maintenance of
records required by this part;
(iii) Responsibilities and functions of
(10) Ensure the preparation and the
local, State, and Federal law enforce-
submission of any reports as required
ment agencies;
by this part;
(iv) Security assessment method-
(11) Ensure the execution of any re-
ology;
quired Declarations of Security with
(v) Methods of facility security sur- Masters, Vessel Security Officers or
veys and inspections; their designated representatives;
(vi) Instruction techniques for secu- (12) Ensure the coordination of secu-
rity training and education, including rity services in accordance with the ap-
security measures and procedures; proved FSP;
(vii) Handling sensitive security in- (13) Ensure that security equipment
formation and security related commu- is properly operated, tested, calibrated,
nications; and maintained;
(viii) Current security threats and (14) Ensure the recording and report-
patterns; ing of attainment changes in MARSEC
(ix) Recognizing and detecting dan- Levels to the owner or operator and
gerous substances and devices; the cognizant COTP;
(x) Recognizing characteristics and (15) When requested, ensure that the
behavioral patterns of persons who are Vessel Security Officers receive assist-
likely to threaten security; ance in confirming the identity of visi-
(xi) Techniques used to circumvent tors and service providers seeking to
security measures; board the vessel through the facility;
(xii) Conducting physical searches (16) Ensure notification, as soon as
and non-intrusive inspections; possible, to law enforcement personnel
366
and other emergency responders to per- 105.215 Security training for all
mit a timely response to any transpor- other facility personnel.
tation security incident; All other facility personnel, includ-
(17) Ensure that the FSP is sub- ing contractors, whether part-time,
mitted to the cognizant COTP for ap- full-time, temporary, or permanent,
proval, as well as any plans to change must have knowledge of, through
the facility or facility infrastructure training or equivalent job experience,
prior to amending the FSP; and in the following, as appropriate:
(18) Ensure that all facility personnel (a) Relevant provisions of the Facil-
are briefed of changes in security con- ity Security Plan (FSP);
ditions at the facility. (b) The meaning and the consequen-
(19) Ensure the TWIC program is tial requirements of the different
being properly implemented. MARSEC Levels as they apply to them,
[USCG200314732, 68 FR 39322, July 1, 2003, as including emergency procedures and
amended at 68 FR 60541, Oct. 22, 2003; USCG contingency plans;
200624196, 72 FR 3583, Jan. 25, 2007] (c) Recognition and detection of dan-
gerous substances and devices;
105.210 Facility personnel with secu- (d) Recognition of characteristics and
rity duties. behavioral patterns of persons who are
Facility personnel responsible for se- likely to threaten security; and
curity duties must maintain a TWIC, (e) Techniques used to circumvent se-
and must have knowledge, through curity measures.
training or equivalent job experience, (f) Familiar with all relevant aspects
in the following, as appropriate: of the TWIC program and how to carry
(a) Knowledge of current security them out.
threats and patterns; [USCG200314732, 68 FR 39322, July 1, 2003, as
(b) Recognition and detection of dan- amended at 68 FR 60541, Oct. 22, 2003; USCG
gerous substances and devices; 200624196, 72 FR 3583, Jan. 25, 2007]
(c) Recognition of characteristics and
behavioral patterns of persons who are 105.220 Drill and exercise require-
likely to threaten security; ments.
(d) Techniques used to circumvent se- (a) General. (1) Drills and exercises
curity measures; must test the proficiency of facility
(e) Crowd management and control personnel in assigned security duties at
techniques; all MARSEC Levels and the effective
(f) Security related communications; implementation of the Facility Secu-
(g) Knowledge of emergency proce- rity Plan (FSP). They must enable the
dures and contingency plans; Facility Security Officer (FSO) to iden-
(h) Operation of security equipment tify any related security deficiencies
and systems; that need to be addressed.
(i) Testing, calibration, and mainte- (2) A drill or exercise required by this
nance of security equipment and sys- section may be satisfied with the im-
tems; plementation of security measures re-
(j) Inspection, control, and moni- quired by the FSP as the result of an
toring techniques; increase in the MARSEC Level, pro-
(k) Relevant provisions of the Facil- vided the facility reports attainment
ity Security Plan (FSP); to the cognizant COTP.
(l) Methods of physical screening of (b) Drills. (1) The FSO must ensure
persons, personal effects, baggage, that at least one security drill is con-
cargo, and vessel stores; and ducted every 3 months. Security drills
(m) The meaning and the consequen- may be held in conjunction with non-
tial requirements of the different security drills, where appropriate.
MARSEC Levels. (2) Drills must test individual ele-
(n) Familiar with all relevant aspects ments of the FSP, including response
of the TWIC program and how to carry to security threats and incidents.
them out. Drills should take into account the
[USCG200314732, 68 FR 39322, July 1, 2003, as types of operations of the facility, fa-
amended by USCG200624196, 72 FR 3583, cility personnel changes, the type of
Jan. 25, 2007] vessel the facility is serving, and other
367
105.225 33 CFR Ch. I (7112 Edition)
relevant circumstances. Examples of ment. The following records must be

drills include unauthorized entry to a kept:
restricted area, response to alarms, and (1) Training. For training under
notification of law enforcement au- 105.210, the date of each session, dura-
thorities. tion of session, a description of the
(3) If a vessel is moored at the facil- training, and a list of attendees;
ity on the date the facility has planned (2) Drills and exercises. For each drill
to conduct any drills, the facility can- or exercise, the date held, description
not require the vessel or vessel per- of drill or exercise, list of participants,
sonnel to be a part of or participate in and any best practices or lessons
the facilitys scheduled drill. learned which may improve the Facil-
(c) Exercises. (1) Exercises must be ity Security Plan (FSP);
conducted at least once each calendar
(3) Incidents and breaches of security.
year, with no more than 18 months be-
For each incident or breach of security,
tween exercises.
(2) Exercises may be: the date and time of occurrence, loca-
(i) Full scale or live; tion within the facility, description of
(ii) Tabletop simulation or seminar; incident or breaches, to whom it was
(iii) Combined with other appropriate reported, and description of the re-
exercises; or sponse;
(iv) A combination of the elements in (4) Changes in MARSEC Levels. For
paragraphs (c)(2)(i) through (iii) of this each change in MARSEC Level, the
section. date and time of notification received,
(3) Exercises may be facility-specific and time of compliance with additional
or part of a cooperative exercise pro- requirements;
gram with applicable facility and ves- (5) Maintenance, calibration, and test-
sel security plans or comprehensive ing of security equipment. For each oc-
port exercises. currence of maintenance, calibration,
(4) Each exercise must test commu- and testing, record the date and time,
nication and notification procedures, and the specific security equipment in-
and elements of coordination, resource volved;
availability, and response. (6) Security threats. For each security
(5) Exercises are a full test of the se- threat, the date and time of occur-
curity program and must include sub- rence, how the threat was commu-
stantial and active participation of nicated, who received or identified the
FSOs, and may include government au- threat, description of threat, to whom
thorities and vessels visiting the facil- it was reported, and description of the
ity. Requests for participation of Com- response;
pany and Vessel Security Officers in (7) Declaration of Security (DoS) A
joint exercises should consider the se- copy of each single-visit DoS and a
curity and work implications for the
copy of each continuing DoS for at
vessel.
least 90 days after the end of its effec-
[USCG200314732, 68 FR 39322, July 1, 2003, as tive period; and
amended at 68 FR 60541, Oct. 22, 2003] (8) Annual audit of the FSP. For each
annual audit, a letter certified by the
105.225 Facility recordkeeping re-
quirements. FSO stating the date the audit was
completed.
(a) Unless otherwise specified in this (c) Any record required by this part
section, the Facility Security Officer must be protected from unauthorized
(FSO) must keep records of the activi- access or disclosure.
ties as set out in paragraph (b) of this
section for at least 2 years and make [USCG200314732, 68 FR 39322, July 1, 2003, as
them available to the Coast Guard amended at 68 FR 60541, Oct. 22, 2003]
upon request.
(b) Records required by this section 105.230 Maritime Security (MARSEC)
may be kept in electronic format. If Level coordination and implemen-
kept in an electronic format, they tation.
must be protected against unauthor- (a) The facility owner or operator
ized deletion, destruction, or amend- must ensure the facility operates in
368
compliance with the security require- authorities with security responsibil-

ments in this part for the MARSEC ities.
Level in effect for the port. (c) At each active facility access
(b) When notified of an increase in point, provide a means of contacting
the MARSEC Level, the facility owner police, security control, or an emer-
and operator must ensure: gency operations center, by telephones,
(1) Vessels moored to the facility and cellular phones, and/or portable radios,
vessels scheduled to arrive at the facil- or other equivalent means.
ity within 96 hours of the MARSEC (d) Facility communications systems
Level change are notified of the new must have a backup means for both in-
MARSEC Level and the Declaration of ternal and external communications.
Security is revised as necessary;
(2) The facility complies with the re- 105.240 Procedures for interfacing
quired additional security measures with vessels.
within 12 hours; and The facility owner or operator must
(3) The facility reports compliance or ensure that there are measures for
noncompliance to the COTP. interfacing with vessels at all MARSEC
(c) For MARSEC Levels 2 and 3, the Levels.
Facility Security Officer must inform
all facility personnel about identified 105.245 Declaration of Security
threats, and emphasize reporting pro- (DoS).
cedures and stress the need for in- (a) Each facility owner or operator
creased vigilance. must ensure procedures are established
(d) An owner or operator whose facil- for requesting a DoS and for handling
ity is not in compliance with the re- DoS requests from a vessel.
quirements of this section, must in- (b) At MARSEC Level 1, a facility re-
form the COTP and obtain approval ceiving a cruise ship or a manned ves-
prior to interfacing with a vessel or sel carrying Certain Dangerous Cargo,
continuing operations. in bulk, must comply with the fol-
(e) At MARSEC Level 3, in addition lowing:
to the requirements in this part, a fa- (1) Prior to the arrival of a vessel to
cility owner or operator may be re- the facility, the Facility Security Offi-
quired to implement additional meas- cer (FSO) and Master, Vessel Security
ures, pursuant to 33 CFR part 6, 160, or Officer (VSO), or their designated rep-
165, as appropriate, which may include resentatives must coordinate security
but are not limited to: needs and procedures, and agree upon
(1) Use of waterborne security patrol; the contents of the DoS for the period
(2) Use of armed security personnel of time the vessel is at the facility; and
to control access to the facility and to (2) Upon the arrival of the vessel at
deter, to the maximum extent prac- the facility, the FSO and Master, VSO,
tical, a transportation security inci- or their designated representative,
dent; and must sign the written DoS.
(3) Examination of piers, wharves, (c) Neither the facility nor the vessel
and similar structures at the facility may embark or disembark passengers,
for the presence of dangerous sub- nor transfer cargo or vessel stores until
stances or devices underwater or other the DoS has been signed and imple-
threats. mented.
(d) At MARSEC Levels 2 and 3, the
105.235 Communications. FSOs, or their designated representa-
(a) The Facility Security Officer tives, of facilities interfacing with
must have a means to effectively no- manned vessels subject to part 104, of
tify facility personnel of changes in se- this subchapter must sign and imple-
curity conditions at the facility. ment DoSs as required in (b)(1) and (2)
(b) Communication systems and proof this section.
cedures must allow effective and con- (e) At MARSEC Levels 1 and 2, FSOs
tinuous communications between the of facilities that frequently interface
facility security personnel, vessels with the same vessel may implement a
interfacing with the facility, the cog- continuing DoS for multiple visits, pro-
nizant COTP, and national and local vided that:
369
105.250 33 CFR Ch. I (7112 Edition)
(1) The DoS is valid for a specific TWIC and is authorized to be in the
MARSEC Level; area.
(2) The effective period at MARSEC (b) The facility owner or operator
Level 1 does not exceed 90 days; and must ensure that the following are
(3) The effective period at MARSEC specified:
Level 2 does not exceed 30 days. (1) The locations where restrictions
(f) When the MARSEC Level in- or prohibitions that prevent unauthor-
creases beyond that contained in the ized access are applied for each
DoS, the continuing DoS is void and a MARSEC Level, including those points
new DoS must be executed in accord- where TWIC access control provisions
ance with this section. will be applied. Each location allowing
(g) A copy of all currently valid con- means of access to the facility must be
tinuing DoSs must be kept with the addressed;
Facility Security Plan. (2) The types of restrictions or prohi-
(h) The COTP may require, at any bitions to be applied and the means of
time, at any MARSEC Level, any facil- enforcing them;
ity subject to this part to implement a (3) The means used to establish the
DoS with the VSO prior to any vessel- identity of individuals not in posses-
to-facility interface when he or she sion of a TWIC, in accordance with
deems it necessary. 101.515 of this subchapter, and proce-
[USCG200314732, 68 FR 39322, July 1, 2003, as dures for escorting them;
amended at 68 FR 60541, Oct. 22, 2003] (4) Procedures for identifying author-
ized and unauthorized persons at any
105.250 Security systems and equip- MARSEC level; and
ment maintenance. (5) The locations where persons, per-
(a) Security systems and equipment sonal effects and vehicle screenings are
must be in good working order and in- to be conducted. The designated
spected, tested, calibrated, and main- screening areas should be covered to
tained according to manufacturers provide for continuous operations re-
recommendations. gardless of the weather conditions.
(b) Security systems must be regu- (c) The facility owner or operator
larly tested in accordance with the must ensure that a TWIC program is
manufacturers recommendations; implemented as follows:
noted deficiencies corrected promptly; (1) All persons seeking unescorted ac-
and the results recorded as required in cess to secure areas must present their
105.225 of this subpart. TWIC for inspection before being al-
(c) The FSP must include procedures lowed unescorted access, in accordance
for identifying and responding to secu- with 101.514 of this subchapter. Inspec-
rity system and equipment failures or tion must include:
malfunctions. (i) A match of the photo on the TWIC
to the individual presenting the TWIC;
105.255 Security measures for access (ii) Verification that the TWIC has
control. not expired; and
(a) General. The facility owner or op- (iii) A visual check of the various se-
erator must ensure the implementation curity features present on the card to
of security measures to: determine whether the TWIC has been
(1) Deter the unauthorized introduc- tampered with or forged.
tion of dangerous substances and de- (2) If an individual cannot present a
vices, including any device intended to TWIC because it has been lost, dam-
damage or destroy persons, vessels, fa- aged or stolen, and he or she has pre-
cilities, or ports; viously been granted unescorted access
(2) Secure dangerous substances and to the facility and is known to have
devices that are authorized by the had a valid TWIC, the individual may
owner or operator to be on the facility; be given unescorted access to secure
(3) Control access to the facility; and areas for a period of no longer than 7
(4) Prevent an unescorted individual consecutive calendar days if:
from entering an area of the facility (i) The individual has reported the
that is designated as a secure area un- TWIC as lost, damaged, or stolen to
less the individual holds a duly issued TSA as required in 49 CFR 1572.19(f);
370
(ii) The individual can present an- (i) Entering the facility is deemed
other identification credential that valid consent to screening or inspec-
meets the requirements of 101.515 of tion; and
this subchapter; and (ii) Failure to consent or submit to
(iii) There are no other suspicious screening or inspection will result in
circumstances associated with the indi- denial or revocation of authorization
viduals claim of loss or theft. to enter.
(3) If an individual cannot present his (4) Check the identification of any
or her TWIC for any other reason than person not holding a TWIC and seeking
outlined in paragraph (c)(2) of this sec- entry to the facility, including vessel
tion, he or she may not be granted passengers, vendors, personnel duly au-
unescorted access to the secure area. thorized by the cognizant government
The individual must be under escort, as authorities, and visitors. This check
that term is defined in part 101 of this shall include confirming the reason for
subchapter, at all times when inside of boarding by examining at least one of
a secure area. the following:
(4) With the exception of persons (i) Joining instructions;
granted access according to paragraph (ii) Passenger tickets;
(c)(2) of this section, all persons grant- (iii) Boarding passes;
ed unescorted access to secure areas of (iv) Work orders, pilot orders, or sur-
the facility must be able to produce his veyor orders;
or her TWIC upon request. (v) Government identification; or
(5) There must be disciplinary meas- (vi) Visitor badges issued in accord-
ures in place to prevent fraud and ance with an identification system im-
abuse. plemented under paragraph (d) of this
(6) The facilitys TWIC program section.
should be coordinated, when prac- (5) Deny or revoke a persons author-
ticable, with identification and TWIC ization to be on the facility if the per-
access control measures of vessels or son is unable or unwilling, upon the re-
other transportation conveyances that quest of facility personnel or a law en-
use the facility. forcement officer, to establish his or
(d) If the facility owner or operator her identity in accordance with this
uses a separate identification system, part or to account for his or her pres-
ensure that it complies and is coordi- ence. Any such incident must be re-
nated with TWIC provisions in this ported in compliance with this part;
part. (6) Designate restricted areas and
(e) The facility owner or operator provide appropriate access controls for
must establish in the approved Facility these areas;
Security Plan (FSP) the frequency of (7) Identify access points that must
application of any access controls, par- be secured or attended to deter unau-
ticularly if they are to be applied on a thorized access;
random or occasional basis. (8) Deter unauthorized access to the
(f) MARSEC Level 1. The facility facility and to designated restricted
owner or operator must ensure the fol- areas within the facility;
lowing security measures are imple- (9) Screen by hand or device, such as
mented at the facility: x-ray, all unaccompanied baggage prior
(1) Implement TWIC as set out in to loading onto a vessel; and
paragraph (c) of this section. (10) Secure unaccompanied baggage
(2) Screen persons, baggage (includ- after screening in a designated re-
ing carry-on items), personal effects, stricted area and maintain security
and vehicles, for dangerous substances control during transfers between the
and devices at the rate specified in the facility and a vessel.
approved FSP, excluding government- (g) MARSEC Level 2. In addition to
owned vehicles on official business the security measures required for
when government personnel present MARSEC Level 1 in this section, at
identification credentials for entry; MARSEC Level 2, the facility owner or
(3) Conspicuously post signs that de- operator must ensure the implementa-
scribe security measures currently in tion of additional security measures, as
effect and clearly state that: specified for MARSEC Level 2 in their
371
105.257 33 CFR Ch. I (7112 Edition)
approved FSP. These additional secu- (5) Suspending access to the facility;
rity measures may include: (6) Suspending cargo operations;
(1) Increasing the frequency and de- (7) Evacuating the facility;
tail of the screening of persons, bag- (8) Restricting pedestrian or vehic-
gage, and personal effects for dan- ular movement on the grounds of the
gerous substances and devices entering facility; or
the facility; (9) Increasing security patrols within
(2) X-ray screening of all unaccom- the facility.
panied baggage; [USCG200624196, 72 FR 3583, Jan. 25, 2007]
(3) Assigning additional personnel to
guard access points and patrol the pe- 105.257 Security measures for newly-
rimeter of the facility to deter unau- hired employees.
thorized access; (a) Newly-hired facility employees
(4) Limiting the number of access may be granted entry to secure areas
points to the facility by closing and se- of the facility for up to 30 consecutive
curing some access points and pro- calendar days prior to receiving their
viding physical barriers to impede TWIC provided all of the requirements
movement through the remaining ac- in paragraph (b) of this section are
cess points; met, and provided that the new hire is
(5) Denying access to visitors who do accompanied by an individual with a
not have a verified destination; TWIC while within the secure areas of
(6) Deterring waterside access to the the facility. If TSA does not act upon a
facility, which may include, using wa- TWIC application within 30 days, the
terborne patrols to enhance security cognizant Coast Guard COTP may fur-
around the facility; or ther extend access to secure areas for
(7) Except for government-owned ve- another 30 days. The Coast Guard will
hicles on official business when govern- determine whether, in particular cir-
ment personnel present identification cumstances, certain practices meet the
credentials for entry, screening vehi- condition of a new hire being accom-
cles and their contents for dangerous panied by another individual with a
substances and devices at the rate TWIC. The Coast Guard will issue guid-
specified for MARSEC Level 2 in the ance for use in making these deter-
approved FSP. minations.
(h) MARSEC Level 3. In addition to (b) Newly-hired facility employees
the security measures required for may be granted the access provided for
MARSEC Level 1 and MARSEC Level 2, in paragraph (a) of this section if:
at MARSEC level 3, the facility owner (1) The new hire has applied for a
or operator must ensure the implemen- TWIC in accordance with 49 CFR part
tation of additional security measures, 1572 by completing the full enrollment
as specified for MARSEC Level 3 in process, paying the user fee, and is not
their approved FSP. These additional currently engaged in a waiver or appeal
security measures may include: process. The facility owner or operator
(1) Screening all persons, baggage, or the Facility Security Officer (FSO)
and personal effects for dangerous sub- must have the new hire sign a state-
stances and devices; ment affirming this, and must retain
(2) Performing one or more of the fol- the signed statement until the new
lowing on unaccompanied baggage: hire receives a TWIC;
(i) Screen unaccompanied baggage (2) The facility owner or operator or
more extensively; for example, x- the FSO enters the following informa-
raying from two or more angles; tion on the new hire into the Coast
(ii) Prepare to restrict or suspend Guards Homeport website (http://home-
handling of unaccompanied baggage; or port.uscg.mil):
(iii) Refuse to accept unaccompanied (i) Full legal name, including middle
baggage. name if one exists;
(3) Being prepared to cooperate with (ii) Date of birth;
responders and facilities; (iii) Social security number (op-
(4) Granting access to only those re- tional);
sponding to the security incident or (iv) Employer name and 24 hour con-
threat thereof; tact information; and
372
(v) Date of TWIC enrollment. (1) Shore areas immediately adjacent

(3) The new hire presents an identi- to each vessel moored at the facility;
fication credential that meets the re- (2) Areas containing sensitive secu-
quirements of 101.515 of this sub- rity information, including cargo docu-
chapter; mentation;
(4) There are no other circumstances (3) Areas containing security and sur-
that would cause reasonable suspicion veillance equipment and systems and
regarding the new hires ability to ob- their controls, and lighting system
tain a TWIC, and the facility owner or controls; and
operator or FSO have not been in- (4) Areas containing critical facility
formed by the cognizant COTP that the infrastructure, including:
new hire poses a security threat; and (i) Water supplies;
(5) There would be an adverse impact (ii) Telecommunications;
to facility operations if the new hire is (iii) Electrical system; and
not allowed access. (iv) Access points for ventilation and
(c) This section does not apply to any air-conditioning systems;
individual being hired as a FSO, or any (5) Manufacturing or processing areas
individual being hired to perform facil- and control rooms;
ity security duties. (6) Locations in the facility where ac-
(d) The new hire may not begin work- cess by vehicles and personnel should
ing at the facility under the provisions be restricted;
of this section until the owner, oper- (7) Areas designated for loading, un-
ator, or FSO receives notification, via loading or storage of cargo and stores;
Homeport or some other means, the and
new hire has passed an initial name (8) Areas containing cargo consisting
check. of dangerous goods or hazardous sub-
[USCG200624196, 72 FR 3584, Jan. 25, 2007] stances, including certain dangerous
cargoes.
105.260 Security measures for re- (c) The owner or operator must en-
stricted areas. sure that all restricted areas have
(a) General. The facility owner or op- clearly established security measures
erator must ensure the designation of to:
restricted areas in order to: (1) Identify which facility personnel
(1) Prevent or deter unauthorized ac- are authorized to have access;
cess; (2) Determine which persons other
(2) Protect persons authorized to be than facility personnel are authorized
in the facility; to have access;
(3) Protect the facility; (3) Determine the conditions under
(4) Protect vessels using and serving which that access may take place;
the facility; (4) Define the extent of any restricted
(5) Protect sensitive security areas area;
within the facility; (5) Define the times when access re-
(6) Protect security and surveillance strictions apply;
equipment and systems; and (6) Clearly mark all restricted areas
(7) Protect cargo and vessel stores and indicate that access to the area is
from tampering. restricted and that unauthorized pres-
(b) Designation of Restricted Areas. The ence within the area constitutes a
facility owner or operator must ensure breach of security;
restricted areas are designated within (7) Control the entry, parking, load-
the facility. They must also ensure ing and unloading of vehicles;
that all restricted areas are clearly (8) Control the movement and stor-
marked and indicate that access to the age of cargo and vessel stores; and
area is restricted and that unauthor- (9) Control unaccompanied baggage
ized presence within the area con- or personal effects.
stitutes a breach of security. The facil- (d) MARSEC Level 1. At MARSEC
ity owner or operator may also des- Level 1, the facility owner or operator
ignate the entire facility as a re- must ensure the implementation of se-
stricted area. Restricted areas must in- curity measures to prevent unauthor-
clude, as appropriate: ized access or activities within the
373
105.265 33 CFR Ch. I (7112 Edition)
area. These security measures may in- (4) Restricting parking adjacent to
clude: vessels;
(1) Restricting access to only author- (5) Further restricting access to the
ized personnel; restricted areas and movements and
(2) Securing all access points not ac- storage within them;
tively used and providing physical bar- (6) Using continuously monitored and
riers to impede movement through the recorded surveillance equipment;
remaining access points; (7) Enhancing the number and fre-
(3) Assigning personnel to control ac- quency of patrols, including water-
cess to restricted areas; borne patrols undertaken on the
(4) Verifying the identification and boundaries of the restricted areas and
authorization of all persons and all ve- within the areas; or
hicles seeking entry;
(8) Establishing and restricting ac-
(5) Patrolling or monitoring the pe-
cess to areas adjacent to the restricted
rimeter of restricted areas;
(6) Using security personnel, auto- areas.
matic intrusion detection devices, sur- (f) MARSEC Level 3. In addition to the
veillance equipment, or surveillance security measures required for
systems to detect unauthorized entry MARSEC Level 1 and MARSEC Level 2,
or movement within restricted areas; at MARSEC Level 3, the facility owner
(7) Directing the parking, loading, or operator must ensure the implemen-
and unloading of vehicles within a re- tation of additional security measures,
stricted area; as specified for MARSEC Level 3 in
(8) Controlling unaccompanied bag- their approved FSP. These additional
gage and or personal effects after security measures may include:
screening; (1) Restricting access to additional
(9) Designating restricted areas for areas;
performing inspections of cargo and (2) Prohibiting access to restricted
vessel stores while awaiting loading; areas, or
and (3) Searching restricted areas as part
(10) Designating temporary restricted of a security sweep of all or part of the
areas to accommodate facility oper- facility.
ations. If temporary restricted areas
are designated, the FSP must include a 105.265 Security measures for han-
requirement to conduct a security dling cargo.
sweep of the designated temporary re- (a) General. The facility owner or op-
stricted area both before and after the erator must ensure that security meas-
area has been established. ures relating to cargo handling, some
(e) MARSEC Level 2. In addition to of which may have to be applied in liai-
the security measures required for son with the vessel, are implemented in
MARSEC Level 1 in this section, at order to:
MARSEC Level 2, the facility owner or (1) Deter tampering;
operator must also ensure the imple-
(2) Prevent cargo that is not meant
mentation of additional security meas-
for carriage from being accepted and
ures, as specified for MARSEC Level 2
stored at the facility without the
in their approved FSP. These addi-
tional security measures may include: knowing consent of the facility owner
(1) Increasing the intensity and fre- or operator;
quency of monitoring and access con- (3) Identify cargo that is approved for
trols on existing restricted access loading onto vessels interfacing with
areas; the facility;
(2) Enhancing the effectiveness of the (4) Include cargo control procedures
barriers or fencing surrounding re- at access points to the facility;
stricted areas, by the use of patrols or (5) Identify cargo that is accepted for
automatic intrusion detection devices; temporary storage in a restricted area
(3) Reducing the number of access while awaiting loading or pick up;
points to restricted areas, and enhanc- (6) Restrict the entry of cargo to the
ing the controls applied at the remain- facility that does not have a confirmed
ing accesses; date for loading, as appropriate;
374
(7) Ensure the release of cargo only sponsible party in accordance with an
to the carrier specified in the cargo established agreement and procedures;
documentation; (6) Increasing the frequency and in-
(8) When there are regular or re- tensity of visual and physical inspec-
peated cargo operations with the same tions; or
shipper, coordinate security measures (7) Limiting the number of locations
with the shipper or other responsible where dangerous goods and hazardous
party in accordance with an estab- substances, including certain dan-
lished agreement and procedure; and gerous cargoes, can be stored.
(9) Create, update, and maintain a (d) MARSEC Level 3. In addition to
continuous inventory of all dangerous the security measures required for
goods and hazardous substances from MARSEC Level 1 and MARSEC Level 2,
receipt to delivery within the facility, at MARSEC Level 3, the facility owner
giving the location of those dangerous or operator must ensure the implemen-
goods and hazardous substances. tation of additional security measures,
(b) MARSEC Level 1. At MARSEC as specified for MARSEC Level 3 in the
Level 1, the facility owner or operator approved FSP. These additional secu-
must ensure the implementation of rity measures may include:
measures to: (1) Restricting or suspending cargo
(1) Unless unsafe to do so, routinely movements or operations within all or
check cargo, cargo transport units, and part of the facility or specific vessels;
cargo storage areas within the facility (2) Being prepared to cooperate with
prior to, and during, cargo handling op- responders and vessels; or
(3) Verifying the inventory and loca-
erations for evidence of tampering;
tion of any dangerous goods and haz-
(2) Check that cargo, containers, or
ardous substances, including certain
other cargo transport units entering
dangerous cargoes, held within the fa-
the facility match the delivery note or
cility and their location.
equivalent cargo documentation;
(3) Screen vehicles; and [USCG200314732, 68 FR 39322, July 1, 2003, as
(4) Check seals and other methods amended at 68 FR 60541, Oct. 22, 2003]
used to prevent tampering upon enter- 105.270 Security measures for deliv-
ing the facility and upon storage with- ery of vessel stores and bunkers.
in the facility.
(a) General. The facility owner or op-
(c) MARSEC Level 2. In addition to
erator must ensure that security meas-
the security measures required for
ures relating to the delivery of vessel
MARSEC Level 1 in this section, at
stores and bunkers are implemented to:
MARSEC Level 2, the facility owner or
(1) Check vessel stores for package
operator must also ensure the imple-
integrity;
mentation of additional security meas-
(2) Prevent vessel stores from being
ures, as specified for MARSEC Level 2
accepted without inspection;
in the approved FSP. These additional
(3) Deter tampering;
security measures may include: (4) For vessels that routinely use a
(1) Conducting check of cargo, con- facility, establish and execute standing
tainers or other cargo transport units, arrangements between the vessel, its
and cargo storage areas within the fa- suppliers, and a facility regarding noti-
cility for evidence of tampering; fication and the timing of deliveries
(2) Intensifying checks, as appro- and their documentation; and
priate, to ensure that only the docu- (5) Check vessel stores by the fol-
mented cargo enters the facility, is lowing means:
temporarily stored there, and then (i) Visual examination;
loaded onto the vessel; (ii) Physical examination;
(3) Intensifying the screening of vehi- (iii) Detection devices, such as scan-
cles; ners; or
(4) Increasing frequency and detail in (iv) Canines.
checking of seals and other methods (b) MARSEC Level 1. At MARSEC
used to prevent tampering; Level 1, the facility owner or operator
(5) Coordinating enhanced security must ensure the implementation of
measures with the shipper or other re- measures to:
375
105.275 33 CFR Ch. I (7112 Edition)
(1) Screen vessel stores at the rate ously monitor, through a combination
specified in the approved Facility Se- of lighting, security guards, water-
curity Plan (FSP); borne patrols, automatic intrusion-de-
(2) Require advance notification of tection devices, or surveillance equip-
vessel stores or bunkers delivery, in- ment, as specified in the approved Fa-
cluding a list of stores, delivery vehicle cility Security Plan (FSP), the:
driver information, and vehicle reg- (1) Facility and its approaches, on
istration information; land and water;
(3) Screen delivery vehicles at the (2) Restricted areas within the facil-
frequencies specified in the approved ity; and
FSP; and (3) Vessels at the facility and areas
(4) Escort delivery vehicles within surrounding the vessels.
the facility at the rate specified by the
(b) MARSEC Level 1. At MARSEC
approved FSP.
Level 1, the facility owner or operator
(c) MARSEC Level 2. In addition to
the security measures required for must ensure the security measures in
MARSEC Level 1 in this section, at this section are implemented at all
MARSEC Level 2, the facility owner or times, including the period from sunset
operator must also ensure the imple- to sunrise and periods of limited visi-
mentation of additional security meas- bility. For each facility, ensure moni-
ures, as specified for MARSEC Level 2 toring capability that:
in the approved FSP. These additional (1) When automatic intrusion-detec-
security measures may include: tion devices are used, activates an au-
(1) Detailed screening of vessel dible or visual alarm, or both, at a lo-
stores; cation that is continuously attended or
(2) Detailed screening of all delivery monitored;
vehicles; (2) Is able to function continually, in-
(3) Coordinating with vessel per- cluding consideration of the possible
sonnel to check the order against the effects of weather or of a power disrup-
delivery note prior to entry to the fa- tion;
cility; (3) Monitors the facility area, includ-
(4) Ensuring delivery vehicles are es- ing shore and waterside access to it;
corted within the facility; or (4) Monitors access points, barriers
(5) Restricting or prohibiting the and restricted areas;
entry of vessel stores that will not (5) Monitors access and movements
leave the facility within a specified pe- adjacent to vessels using the facility,
riod. including augmentation of lighting
(d) MARSEC Level 3. In addition to provided by the vessel itself; and
the security measures for MARSEC
(6) Limits lighting effects, such as
Level 1 and MARSEC Level 2, at
glare, and their impact on safety, navi-
MARSEC Level 3, the facility owner
gation, and other security activities.
and operator must ensure implementa-
tion of additional security measures, as (c) MARSEC Level 2. In addition to
specified for MARSEC Level 3 in the the security measures for MARSEC
approved FSP. Examples of these addi- Level 1 in this section, at MARSEC
tional security measures may include: Level 2, the facility owner or operator
(1) Checking all vessel stores more must also ensure the implementation
extensively; of additional security measures, as
(2) Restricting or suspending delivery specified for MARSEC Level 2 in the
of vessel stores; or approved FSP. These additional meas-
(3) Refusing to accept vessel stores ures may include:
on the facility. (1) Increasing the coverage and inten-
sity of surveillance equipment, includ-
105.275 Security measures for moni- ing the provision of additional surveil-
toring. lance coverage;
(a) General. The facility owner or op- (2) Increasing the frequency of foot,
erator must ensure the implementation vehicle or waterborne patrols;
of security measures in this section (3) Assigning additional security per-
and have the capability to continu- sonnel to monitor and patrol; or
376
(4) Increasing the coverage and inten- (1) Establish separate areas to seg-
sity of lighting, including the provision regate unchecked persons and personal
of additional lighting and coverage. effects from checked persons and per-
(d) MARSEC Level 3. In addition to sonal effects;
the security measures for MARSEC (2) Ensure that a defined percentage
Level 1 and MARSEC Level 2, at of vehicles to be loaded aboard are
MARSEC Level 3, the facility owner or screened prior to loading, in accord-
operator must also ensure implementa- ance with a MARSEC Directive or
tion of additional security measures, as
other orders issued by the Coast Guard;
specified for MARSEC Level 3 in the
approved FSP. These additional secu- (3) Ensure that all unaccompanied
rity measures may include: vehicles to be loaded on passenger ves-
(1) Switching on all lighting within, sels are screened prior to loading;
or illuminating the vicinity of, the fa- (4) Deny passenger access to secure
cility; and restricted areas unless escorted by
(2) Switching on all surveillance authorized facility security personnel;
equipment capable of recording activi- and
ties within or adjacent to the facility; (5) In a facility with a public access
(3) Maximizing the length of time area designated under 105.106, provide
such surveillance equipment can con- sufficient security personnel to mon-
tinue to record; or itor all persons within the area.
(4) Complying with the instructions (b) At MARSEC Level 2, in addition
issued by those responding to the secu- to the requirements in paragraph (a) of
rity incident. this section, the owner or operator of a
[USCG200314732, 68 FR 39322, July 1, 2003, as passenger or ferry facility with a pub-
amended at 68 FR 60542, Oct. 22, 2003] lic access area designated under
105.106 must increase the intensity of
105.280 Security incident procedures.
monitoring of the public access area.
For each MARSEC Level, the facility (c) At MARSEC Level 3, in addition
owner or operator must ensure the Fa- to the requirements in paragraph (a) of
cility Security Officer and facility se- this section, the owner or operator of a
curity personnel are able to:
passenger or ferry facility with a pub-
(a) Respond to security threats or
lic access area designated under
breaches of security and maintain crit-
ical facility and vessel-to-facility 105.106 must increase the intensity of
interface operations; monitoring and assign additional secu-
(b) Evacuate the facility in case of rity personnel to monitor the public
security threats or breaches of secu- access area.
rity; [USCG200314732, 68 FR 39322, July 1, 2003, as
(c) Report security incidents as re- amended at 68 FR 60542, Oct. 22, 2003; USCG
quired in 101.305 of this subchapter; 200624196, 72 FR 3584, Jan. 25, 2007]
(d) Brief all facility personnel on pos-
sible threats and the need for vigilance, 105.290 Additional requirements
soliciting their assistance in reporting cruise ship terminals.
suspicious persons, objects, or activi- At all MARSEC Levels, in coordina-
ties; and tion with a vessel moored at the facil-
(e) Secure non-critical operations in
ity, the facility owner or operator
order to focus response on critical op-
must ensure the following security
erations.
measures:
105.285 Additional requirements-pas- (a) Screen all persons, baggage, and
senger and ferry facilities. personal effects for dangerous sub-
(a) At all MARSEC Levels, the owner stances and devices;
or operator of a passenger or ferry fa- (b) Check the identification of all
cility must ensure, in coordination persons seeking to enter the facility.
with a vessel moored at the facility, Persons holding a TWIC shall be
that the following security measures checked as set forth in this part. For
are implemented in addition to the re- persons not holding a TWIC, this check
quirements of this part: includes confirming the reason for
377
105.295 33 CFR Ch. I (7112 Edition)
boarding by examining passenger tick- ators of CDC facilities must ensure the
ets, boarding passes, government iden- facilities are continuously guarded and
tification or visitor badges, or work or- restricted areas are patrolled.
ders; [USCG200314732, 68 FR 39322, July 1, 2003, as
(c) Designate holding, waiting, or em- amended at 68 FR 60542, Oct. 22, 2003]
barkation areas within the facilitys
secure area to segregate screened per- 105.296 Additional requirements-
sons and their personal effects await- barge fleeting facilities.
ing embarkation from unscreened per- (a) At MARSEC Level 1, in addition
sons and their personal effects; to the requirements of this part, an
(d) Provide additional security per- owner or operator of a barge fleeting
sonnel to designated holding, waiting, facility must ensure the implementa-
or embarkation areas within the facili- tion of the following security meas-
tys secure area; and ures:
(e) Deny individuals not holding a (1) Designate one or more restricted
TWIC access to secure and restricted areas within the barge fleeting facility
areas unless escorted. to handle those barges carrying, in
[USCG200624196, 72 FR 3585, Jan. 25, 2007] bulk, cargoes regulated by 46 CFR
chapter I, subchapters D or O, or Cer-
105.295 Additional requirements-Cer- tain Dangerous Cargoes;
tain Dangerous Cargo (CDC) facili- (2) Maintain a current list of vessels
ties. and cargoes in the designated re-
(a) At all MARSEC Levels, owners or stricted area; and
operators of CDC facilities must ensure (3) Ensure that at least one towing
the implementation of the following vessel is available to service the fleet-
security measures in addition to the ing facility for every 100 barges within
requirements of this part: the facility.
(1) Escort all visitors, contractors, (4) Control access to the barges once
vendors, and other non-facility employ- tied to the fleeting area by imple-
ees at all times while on the facility, if menting TWIC as described in 105.255
access identification is not provided. of this part.
Escort provisions do not apply to pre- (b) At MARSEC Level 2, in addition
arranged cargo deliveries; to the requirements of this part and
(2) Control the parking, loading, and MARSEC Level 1 requirements, an
unloading of vehicles within a facility; owner or operator of a barge fleeting
(3) Require security personnel to facility must ensure security personnel
record or report their presence at key are assigned to monitor or patrol the
points during their patrols; designated restricted area within the
(4) Search unmanned or unmonitored barge fleeting facility.
waterfront areas for dangerous sub- (c) At MARSEC Level 3, in addition
stances and devices prior to a vessels to the requirements of this part and
arrival at the facility; and MARSEC Level 2 requirements, an
(5) Provide an alternate or inde- owner or operator of a barge fleeting
pendent power source for security and facility must ensure that both land and
communications systems. waterside perimeters of the designated
(b) At MARSEC Level 2, in addition restricted area within the barge fleet-
to the requirements for MARSEC Level ing facility are continuously mon-
1, owners or operators of CDC facilities itored or patrolled.
must ensure the implementation of the
following security measures: [USCG200314732, 68 FR 39322, July 1, 2003, as
(1) Release cargo only in the presence amended at 68 FR 60542, Oct. 22, 2003; USCG
200624196, 72 FR 3585, Jan. 25, 2007]
of the Facility Security Officer (FSO)
or a designated representative of the
FSO; and Subpart CFacility Security
(2) Continuously patrol restricted Assessment (FSA)
areas.
(c) At MARSEC Level 3, in addition 105.300 General.
to the requirements for MARSEC Level (a) The Facility Security Assessment
1 and MARSEC Level 2, owners or oper- (FSA) is a written document that is
378
based on the collection of background (v) The emergency and stand-by

information, the completion of an on- equipment available to maintain essen-
scene survey and an analysis of that in- tial services;
formation. (vi) The maintenance equipment,
(b) A common FSA may be conducted cargo spaces, storage areas, and unac-
for more than one similar facility pro- companied baggage storage;
vided the FSA reflects any facility-spe- (vii) Location of escape and evacu-
cific characteristics that are unique. ation routes and assembly stations;
(c) Third parties may be used in any and
aspect of the FSA if they have the ap- (viii) Existing security and safety
propriate skills and if the Facility Se- equipment for protection of personnel
curity Officer (FSO) reviews and ac- and visitors;
cepts their work. (2) Response procedures for fire or
(d) Those involved in a FSA must be other emergency conditions;
able to draw upon expert assistance in (3) Procedures for monitoring facility
the following areas, as appropriate: and vessel personnel, vendors, repair
(1) Knowledge of current security technicians, and dock workers;
threats and patterns; (4) Existing contracts with private
(2) Recognition and detection of dan- security companies and existing agree-
gerous substances and devices; ments with local or municipal agen-
(3) Recognition of characteristics and cies;
behavioral patterns of persons who are (5) Procedures for controlling keys
likely to threaten security; and other access prevention systems;
(4) Techniques used to circumvent se- (6) Procedures for cargo and vessel
curity measures; stores operations;
(5) Methods used to cause a security (7) Response capability to security
incident; incidents;
(6) Effects of dangerous substances (8) Threat assessments, including the
and devices on structures and facility purpose and methodology of the assess-
services; ment, for the port in which the facility
(7) Facility security requirements; is located or at which passengers em-
(8) Facility and vessel interface busi- bark or disembark;
ness practices; (9) Previous reports on security
(9) Contingency planning, emergency needs; and
preparedness, and response; (10) Any other existing security pro-
(10) Physical security requirements; cedures and systems, equipment, com-
(11) Radio and telecommunications munications, and facility personnel.
systems, including computer systems (b) On-scene survey. The facility
and networks; owner or operator must ensure that an
(12) Marine or civil engineering; and on-scene survey of each facility is con-
(13) Facility and vessel operations. ducted. The on-scene survey examines
and evaluates existing facility protec-
105.305 Facility Security Assessment tive measures, procedures, and oper-
(FSA) requirements. ations to verify or collect the informa-
(a) Background. The facility owner or tion required in paragraph (a) of this
operator must ensure that the fol- section.
lowing background information, if ap- (c) Analysis and recommendations. In
plicable, is provided to the person or conducting the FSA, the facility owner
persons who will conduct the assess- or operator must ensure that the FSO
ment: analyzes the facility background infor-
(1) The general layout of the facility, mation and the on-scene survey, and
including: considering the requirements of this
(i) The location of each active and in- part, provides recommendations to es-
active access point to the facility; tablish and prioritize the security
(ii) The number, reliability, and secu- measures that should be included in
rity duties of facility personnel; the FSP. The analysis must consider:
(iii) Security doors, barriers, and (1) Each vulnerability found during
lighting; the on-scene survey including but not
(iv) The location of restricted areas; limited to:
379
105.305 33 CFR Ch. I (7112 Edition)
(i) Waterside and shore-side access to (vii) Use of a vessel moored at the fa-
the facility and vessel berthing at the cility as a weapon or as a means to
facility; cause damage or destruction;
(ii) Structural integrity of the piers, (viii) Impact on the facility and its
facilities, and associated structures; operations due to a blockage of en-
(iii) Existing security measures and trances, locks, and approaches; and
procedures, including identification (ix) Use of the facility as a transfer
systems; point for nuclear, biological, radio-
(iv) Existing security measures and logical, explosive, or chemical weap-
procedures relating to services and ons;
utilities; (3) Threat assessments by Govern-
(v) Measures to protect radio and ment agencies;
telecommunication equipment, includ- (4) Vulnerabilities, including human
factors, in the facilitys infrastructure,
ing computer systems and networks;
policies and procedures;
(vi) Adjacent areas that may be ex-
(5) Any particular aspects of the fa-
ploited during or for an attack;
cility, including the vessels using the
(vii) Areas that may, if damaged or facility, which make it likely to be the
used for illicit observation, pose a risk target of an attack;
to people, property, or operations with- (6) Likely consequences in terms of
in the facility; loss of life, damage to property, and
(viii) Existing agreements with pri- economic disruption, including disrup-
vate security companies providing wa- tion to transportation systems, of an
terside and shore-side security serv- attack on or at the facility; and
ices; (7) Locations where access restric-
(ix) Any conflicting policies between tions or prohibitions will be applied for
safety and security measures and pro- each MARSEC Level.
cedures; (d) FSA report. (1) The facility owner
(x) Any conflicting facility oper- or operator must ensure that a written
ations and security duty assignments; FSA report is prepared and included as
(xi) Any enforcement and personnel part of the FSP. The report must con-
constraints; tain:
(xii) Any deficiencies identified dur- (i) A summary of how the on-scene
ing daily operations or training and survey was conducted;
drills; and (ii) A description of existing security
(xiii) Any deficiencies identified fol- measures, including inspection, control
lowing security incidents or alerts, the and monitoring equipment, personnel
report of security concerns, the exer- identification documents and commu-
cise of control measures, or audits; nication, alarm, lighting, access con-
(2) Possible security threats, includ- trol, and similar systems;
ing but not limited to:
ability found during the on-scene sur-
(i) Damage to or destruction of the
vey;
facility or of a vessel moored at the fa-
(iv) A description of security meas-
cility; ures that could be used to address each
(ii) Hijacking or seizure of a vessel vulnerability;
moored at the facility or of persons on (v) A list of the key facility oper-
board; ations that are important to protect;
(iii) Tampering with cargo, essential and
equipment or systems, or stores of a (vi) A list of identified weaknesses,
vessel moored at the facility; including human factors, in the infra-
(iv) Unauthorized access or use in- structure, policies, and procedures of
cluding the presence of stowaways; the facility.
(v) Smuggling dangerous substances (2) A FSA report must describe the
and devices to the facility; following elements within the facility:
(vi) Use of a vessel moored at the fa- (i) Physical security;
cility to carry those intending to cause (ii) Structural integrity;
a security incident and their equip- (iii) Personnel protection systems;
ment; (iv) Procedural policies;
380
(v) Radio and telecommunication (e) The FSA, FSA report, and FSP
systems, including computer systems must be protected from unauthorized
and networks; access or disclosure.
(vi) Relevant transportation infra-
[USCG200314732, 68 FR 39322, July 1, 2003, as
structure; and amended at 68 FR 60542, Oct. 22, 2003]
(vii) Utilities.
(3) The FSA report must list the per- 105.310 Submission requirements.
ations that are important to protect, (a) A completed FSA report must be
in each of the following categories: submitted with the Facility Security
(i) Facility personnel; Plan required in 105.410 of this part.
(ii) Passengers, visitors, vendors, re- (b) A facility owner or operator may
pair technicians, vessel personnel, etc.; generate and submit a report that con-
(iii) Capacity to maintain emergency tains the Facility Security Assessment
response; for more than one facility subject to
(iv) Cargo, particularly dangerous this part, to the extent that they share
goods and hazardous substances; similarities in design and operations, if
(v) Delivery of vessel stores; authorized and approved by the cog-
(vi) Any facility security commu- nizant COTP.
nication and surveillance systems; and (c) The FSA must be reviewed and
(vii) Any other facility security sys- validated, and the FSA report must be
tems, if any. updated each time the FSP is sub-
(4) The FSA report must account for mitted for reapproval or revisions.
any vulnerabilities in the following [USCG200314732, 68 FR 39322, July 1, 2003, as
areas: amended at 68 FR 60542, Oct. 22, 2003]
(i) Conflicts between safety and secu-
rity measures; Subpart DFacility Security Plan
(ii) Conflicts between duties and se-
curity assignments;
(FSP)
(iii) The impact of watch-keeping du- 105.400 General.
ties and risk of fatigue on facility per-
sonnel alertness and performance; (a) The Facility Security Officer
(iv) Security training deficiencies; (FSO) must ensure a Facility Security
and Plan (FSP) is developed and imple-
(v) Security equipment and systems, mented for each facility for which he
including communication systems. or she is designated as FSO. The FSP:
(5) The FSA report must discuss and (1) Must identify the FSO by name
evaluate key facility measures and op- and position, and provide 24-hour con-
erations, including: tact information;
(i) Ensuring performance of all secu- (2) Must be written in English;
rity duties; (3) Must address each vulnerability
(ii) Controlling access to the facility, identified in the Facility Security As-
through the use of identification sys- sessment (FSA);
tems or otherwise; (4) Must describe security measures
(iii) Controlling the embarkation of for each MARSEC Level; and
vessel personnel and other persons and (5) May cover more than one facility
their effects (including personal effects to the extent that they share similar-
and baggage whether accompanied or ities in design and operations, if au-
unaccompanied); thorized and approved by the cognizant
(iv) Procedures for the handling of COTP.
cargo and the delivery of vessel stores; (b) The FSP must be submitted for
(v) Monitoring restricted areas to en- approval to the cognizant COTP in a
sure that only authorized persons have written or electronic format. Informa-
access; tion for submitting the FSP electroni-
(vi) Monitoring the facility and areas cally can be found at http://
adjacent to the pier; and www.uscg.mil/HQ/MSC.
(vii) The ready availability of secu- (c) The FSP is sensitive security in-
rity communications, information, and formation and must be protected in ac-
equipment. cordance with 49 CFR part 1520.
381
105.405 33 CFR Ch. I (7112 Edition)
(d) If the FSP is kept in an electronic dures until the next regularly sched-
format, procedures must be in place to uled resubmission of the FSP.
prevent its unauthorized deletion, de- (c) The Facility Vulnerability and
struction, or amendment. Security Measures Summary (Form
CG6025) must be completed using in-
[USCG200314732, 68 FR 39322, July 1, 2003, as
amended at 68 FR 60542, Oct. 22, 2003]
formation in the FSA concerning iden-
tified vulnerabilities and information
105.405 Format and content of the in the FSP concerning security meas-
Facility Security Plan (FSP). ures in mitigation of these
vulnerabilities.
(a) A facility owner or operator must
ensure that the FSP consists of the in- [USCG200314732, 68 FR 39322, July 1, 2003, as
dividual sections listed in this para- amended by USCG200624196, 72 FR 3585,
graph (a). If the FSP does not follow Jan. 25, 2007]
the order as it appears in the list, the
105.410 Submission and approval.
facility owner or operator must ensure
that the FSP contains an index identi- (a) On or before December 31, 2003,
fying the location of each of the fol- the owner or operator of each facility
lowing sections: currently in operation must either:
(1) Security administration and orga- (1) Submit one copy of their Facility
nization of the facility; Security Plan (FSP) for review and ap-
(2) Personnel training; proval to the cognizant COTP and a
(3) Drills and exercises; letter certifying that the FSP meets
(4) Records and documentation; applicable requirements of this part; or
(2) If intending to operate under an
(5) Response to change in MARSEC
Approved Security Program, a letter
Level;
signed by the facility owner or oper-
(6) Procedures for interfacing with
ator stating which approved Alter-
vessels;
native Security Program the owner or
(7) Declaration of Security (DoS);
operator intends to use.
(8) Communications; (b) Owners or operators of facilities
(9) Security systems and equipment not in service on or before December
maintenance; 31, 2003, must comply with the require-
(10) Security measures for access con- ments in paragraph (a) of this section
trol, including designated public access 60 days prior to beginning operations
areas; or by December 31, 2003, whichever is
(11) Security measures for restricted later.
areas; (c) The cognizant COTP will examine
(12) Security measures for handling each submission for compliance with
cargo; this part and either:
(13) Security measures for delivery of (1) Approve it and specify any condi-
vessel stores and bunkers; tions of approval, returning to the sub-
(14) Security measures for moni- mitter a letter stating its acceptance
toring; and any conditions;
(15) Security incident procedures; (2) Return it for revision, returning a
(16) Audits and security plan amend- copy to the submitter with brief de-
ments; scriptions of the required revisions; or
(17) Facility Security Assessment (3) Disapprove it, returning a copy to
(FSA) report; and the submitter with a brief statement of
(18) Facility Vulnerability and Secu- the reasons for disapproval.
rity Measures Summary (Form CG (d) An FSP may be submitted and ap-
6025) in appendix A to part 105Facility proved to cover more than one facility
Vulnerability and Security Measures where they share similarities in design
Summary (CG6025). and operations, if authorized and ap-
(b) The FSP must describe in detail proved by each cognizant COTP.
how the requirements of subpart B of (e) Each facility owner or operator
this part will be met. FSPs that have that submits one FSP to cover two or
been approved by the Coast Guard prior more facilities of similar design and
to March 26, 2007, do not need to be operation must address facility-specific
amended to describe their TWIC proce- information that includes the design
382
and operational characteristics of each rapid means practicable as to the na-

facility and must complete a separate ture of the additional measures, the
Facility Vulnerability and Security circumstances that prompted these ad-
Measures Summary (Form CG6025), in ditional measures, and the period of
appendix A to part 105Facility Vul- time these additional measures are ex-
nerability and Security Measures Sum- pected to be in place.
mary (CG6025), for each facility cov- (4) If there is a change in the owner
ered by the plan. or operator, the Facility Security Offi-
(f) A FSP that is approved by the cer (FSO) must amend the FSP to in-
cognizant COTP is valid for five years clude the name and contact informa-
from the date of its approval. tion of the new facility owner or oper-
ator and submit the affected portion of
[USCG200314732, 68 FR 39322, July 1, 2003; 68
FR 41916, July 16, 2003, as amended at 68 FR the FSP for review and approval in ac-
60542, Oct. 22, 2003; USCG200419963, 70 FR cordance with 105.410 if this subpart.
74669, Dec. 16, 2005] (b) Audits. (1) The FSO must ensure
an audit of the FSP is performed annu-
105.415 Amendment and audit. ally, beginning no later than one year
(a) Amendments. (1) Amendments to a from the initial date of approval, and
Facility Security Plan (FSP) that is attach a letter to the FSP certifying
approved by the cognizant COTP may that the FSP meets the applicable re-
be initiated by: quirements of this part.
(i) The facility owner or operator; or (2) The FSP must be audited if there
(ii) The cognizant COTP upon a de- is a change in the facilitys ownership
termination that an amendment is or operator, or if there have been modi-
needed to maintain the facilitys secu- fications to the facility, including but
rity. The cognizant COTP, who will not limited to physical structure,
give the facility owner or operator emergency response procedures, secu-
written notice and request that the fa- rity measures, or operations.
cility owner or operator propose (3) Auditing the FSP as a result of
amendments addressing any matters modifications to the facility may be
specified in the notice. The facility limited to those sections of the FSP af-
owner or operator will have at least 60 fected by the facility modifications.
days to submit its proposed amend- (4) Unless impracticable due to the
ments. Until amendments are ap- size and nature of the company or the
proved, the facility owner or operator facility, personnel conducting internal
shall ensure temporary security meas- audits of the security measures speci-
ures are implemented to the satisfac- fied in the FSP or evaluating its imple-
tion of the COTP. mentation must:
(2) Proposed amendments must be (i) Have knowledge of methods for
submitted to the cognizant COTP. If conducting audits and inspections, and
initiated by the facility owner or oper- security, control, and monitoring tech-
ator, the proposed amendment must be niques;
submitted at least 30 days before the (ii) Not have regularly assigned secu-
amendment is to take effect unless the rity duties; and
cognizant COTP allows a shorter pe- (iii) Be independent of any security
riod. The cognizant COTP will approve measures being audited.
or disapprove the proposed amendment (5) If the results of an audit require
in accordance with 105.410 of this sub- amendment of either the FSA or FSP,
part. the FSO must submit, in accordance
(3) Nothing in this section should be with 105.410 of this subpart, the
construed as limiting the facility amendments to the cognizant COTP for
owner or operator from the timely im- review and approval no later than 30
plementation of such additional secu- days after completion of the audit and
rity measures not enumerated in the a letter certifying that the amended
approved FSP as necessary to address FSP meets the applicable requirements
exigent security situations. In such of this part.
cases, the owner or operator must no- [USCG200314732, 68 FR 39322, July 1, 2003, as
tify the cognizant COTP by the most amended at 68 FR 60542, Oct. 22, 2003]
383
Pt. 105, App. A 33 CFR Ch. I (7112 Edition)
APPENDIX A TO PART 105FACILITY VULNERABILITY AND SECURITY MEASURES

SUMMARY (FORM CG6025)
384
ER22OC03.000</GPH>
Coast Guard, DHS Pt. 105, App. A
385
ER01JY03.002</GPH>
Pt. 105, App. A 33 CFR Ch. I (7112 Edition)
386
EN01JY03.003</GPH>
[USCG200314732, 68 FR 39322, July 1, 2003, as amended at 68 FR 60543, Oct. 22, 2003]
PART 106MARINE SECURITY: 106.140 Maritime Security (MARSEC) Direc-

tive.
OUTER CONTINENTAL SHELF 106.145 Right to appeal.
(OCS) FACILITIES
Subpart BOuter Continental Shelf (OCS)
Subpart AGeneral Facility Security Requirements
Sec. 106.200 Owner or operator.
106.100 Definitions. 106.205 Company Security Officer (CSO).
106.210 Facility Security Officer (FSO).
106.215 Company or OCS facility personnel
106.110 Compliance dates.
with security duties.
106.115 Compliance documentation. 106.220 Security training for all other OCS
106.120 Noncompliance. facility personnel.
106.125 Waivers. 106.225 Drill and exercise requirements.
106.130 Equivalents. 106.230 OCS facility recordkeeping require-
106.135 Alternative Security Program. ments.
387
EN01JY03.004</GPH>
106.100 33 CFR Ch. I (7112 Edition)
106.235 Maritime Security (MARSEC) Level (1) Hosts more than 150 persons for 12
coordination and implementation. hours or more in each 24-hour period
106.240 Communications. continuously for 30 days or more;
106.245 Procedures for interfacing with ves- (2) Produces greater than 100,000 bar-
sels.
rels of oil per day; or
106.250 Declaration of Security (DoS).
106.255 Security systems and equipment (3) Produces greater than 200 million
maintenance. cubic feet of natural gas per day.
106.260 Security measures for access con- (b) The TWIC requirements found in
trol. this part do not apply to mariners em-
106.262 Security measures for newly-hired ployed aboard vessels moored at U.S.
employees. OCS facilities only when they are
106.265 Security measures for restricted working immediately adjacent to their
areas. vessels in the conduct of vessel activi-
106.270 Security measures for delivery of ties.
stores and industrial supplies.
106.275 Security measures for monitoring. [USCG200314759, 68 FR 39345, July 1, 2003, as
106.280 Security incident procedures. amended by USCG200624196, 72 FR 55048,
Sept. 28, 2007]
Subpart COuter Continental Shelf (OCS)
Facility Security Assessment (FSA) 106.110 Compliance dates.
(a) On or before December 31, 2003,
106.300 General.
106.305 Facility Security Assessment (FSA) OCS facility owners or operators must
requirements. submit to the cognizant District Com-
106.310 Submission requirements. mander for each OCS facility
(1) The Facility Security Plan de-
Subpart DOuter Continental Shelf (OCS) scribed in subpart D of this part for re-
Facility Security Plan (FSP) view and approval; or
(2) If intending to operate under an
106.400 General.
approved Alternative Security Pro-
106.405 Format and Content of the Facility
Security Plan (FSP). gram, a letter signed by the OCS facil-
106.410 Submission and approval. ity owner or operator stating which ap-
106.415 Amendment and audit. proved Alternative Security Program
the owner or operator intends to use.
AUTHORITY: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191; 33 CFR 1.051, 6.04
(b) On or before July 1, 2004, each
11, 6.14, 6.16, and 6.19; Department Of Home- OCS facility owner or operator must be
land Security Delegation No. 0170.1. operating in compliance with this part.
(c) OCS facilities built on or after
SOURCE: USCG200314759, 68 FR 39345, July
July 1, 2004, must submit for approval
1, 2003, unless otherwise noted.
an FSP 60 days prior to beginning oper-
ations.
Subpart AGeneral (d) Persons required to obtain a
TWIC under this part may enroll begin-
ning after the date set by the Coast
Except as specifically stated in this Guard in a Notice to be published in
subpart, the definitions in part 101 of the FEDERAL REGISTER. This notice
this subchapter apply to this part. will be directed to all facilities and
vessels within a specific COTP zone.
106.105 Applicability. (e) Facility owners or operators must
(a) The requirements in this part be operating in accordance with the
apply to owners and operators of any TWIC provisions in this part by the
fixed or floating facility, including date set by the Coast Guard in a Notice
MODUs not subject to part 104 of this to be published in the FEDERAL REG-
subchapter, operating on the Outer ISTER. This Notice will be published at
Continental Shelf (OCS) of the United least 90 days before compliance must
States for the purposes of engaging in begin, and will be directed to all facili-
the exploration, development, or pro- ties within a specific Captain of the
duction of oil, natural gas, or mineral Port zone, based on whether enroll-
resources that are regulated by 33 CFR ment has been completed in that zone.
subchapter N, that meet the following Unless an earlier compliance date is
operating conditions: specified in this manner, all facility
388
owner or operators will need to imple- 106.125 Waivers.

ment their TWIC provisions no later
Any OCS facility owner or operator
than April 15, 2009.
may apply for a waiver of any require-
[USCG200314759, 68 FR 39345, July 1, 2003, as ment of this part that the OCS facility
amended at 68 FR 60557, Oct. 22, 2003; USCG owner or operator considers unneces-
200624196, 72 FR 3585, Jan. 25, 2007; 73 FR
25565, May 7, 2008]
sary in light of the nature or operating
conditions of the OCS facility. A re-
106.115 Compliance documentation. quest for a waiver must be submitted
Each OCS facility owner or operator in writing with justification to the cog-
subject to this part must ensure before nizant District Commander. The cog-
July 1, 2004, that copies of the fol- nizant District Commander may re-
lowing documentation are available at quire the OCS facility owner or oper-
the OCS facility and are made avail- ator to provide additional data for use
able to the Coast Guard upon request: in determining the validity of the re-
(a) The approved Facility Security quested waiver. The cognizant District
Plan (FSP) and any approved revisions Commander may grant a waiver, in
or amendments thereto, and a letter of writing, with or without conditions
approval from the cognizant District only if the waiver will not reduce the
Commander dated within the last 5 overall security of the OCS facility, its
years; personnel, or visiting vessels.
(b) The FSP submitted for approval
and current written acknowledgment 106.130 Equivalents.
from the cognizant District Com-
For any measure required by this
mander, stating that the Coast Guard
part, the OCS facility owner or oper-
is currently reviewing the FSP sub-
ator may propose an equivalent, as pro-
mitted for approval and that the OCS
facility may continue to operate so vided in 101.130 of this subchapter.
long as the OCS facility remains in
106.135 Alternative Security Pro-
compliance with the submitted FSP; or gram.
(c) For OCS facilities operating under
a Coast Guard-approved Alternative An OCS facility owner or operator
Security Program as provided in may use an Alternative Security Pro-
106.135, a copy of the Alternative Se- gram approved under 101.120 of this
curity Program the OCS facility is subchapter if:
using, including a facility specific se- (a) The Alternative Security Pro-
curity assessment report generated gram is appropriate to that OCS facil-
under the Alternative Security Pro- ity;
gram, as specified in 101.120(b)(3) of (b) The OCS facility does not serve
this subchapter, and a letter signed by vessels on international voyages; and
the OCS facility owner or operator, (c) The Alternative Security Pro-
stating which Alternative Security gram is implemented in its entirety.
Program the OCS facility is using and
certifying that the OCS facility is in 106.140 Maritime Security (MARSEC)
full compliance with that program. Directive.
[USCG200314759, 68 FR 39345, July 1, 2003, as All OCS facility owners or operators
amended at 68 FR 60558, Oct. 22, 2003] subject to this part must comply with
106.120 Noncompliance. any instructions contained in a
MARSEC Directive issued under
When an OCS facility must tempo- 101.405 of this subchapter.
rarily deviate from the requirements of
this part, the OCS facility owner or op- 106.145 Right to appeal.
erator must notify the cognizant Dis-
trict Commander, and either suspend Any person directly affected by a de-
operations or request and receive per- cision or action taken under this part,
mission from the District Commander by or on behalf of the Coast Guard,
to continue operating. may appeal as described in 101.420 of
this subchapter.
[USCG200314759, 68 FR 60558, Oct. 22, 2003]
389
106.200 33 CFR Ch. I (7112 Edition)
Subpart BOuter Continental (10) Ensure consistency between secu-

Shelf (OCS) Facility Security rity requirements and safety require-
Requirements ments;
(11) Inform OCS facility personnel of
106.200 Owner or operator. their responsibility to apply for and
maintain a TWIC, including the dead-
(a) Each OCS facility owner or oper-
lines and methods for such applica-
ator must ensure that the OCS facility
tions, and of their obligation to inform
operates in compliance with the re-
TSA of any event that would render
quirements of this part.
them ineligible for a TWIC, or which
(b) For each OCS facility, the OCS fa-
cility owner or operator must: would invalidate their existing TWIC;
(1) Define the security organizational (12) Ensure that protocols consistent
structure for each OCS facility and with 106.260(c) of this part, for dealing
provide each person exercising security with individuals requiring access who
duties or responsibilities within that report a lost, damaged, or stolen TWIC,
structure the support needed to fulfill or who have applied for and not yet re-
those obligations; ceived a TWIC, are in place; and
(2) Designate in writing, by name or (13) If applicable, ensure that proto-
title, a Company Security Officer cols consistent with 106.262 of this
(CSO) and a Facility Security Officer part, for dealing with newly hired em-
(FSO) for each OCS facility and iden- ployees who have applied for and not
tify how those officers can be con- yet received a TWIC, are in place.
tacted at any time; [USCG200314759, 68 FR 39345, July 1, 2003, as
(3) Ensure that a Facility Security amended at 68 FR 60558, Oct. 22, 2003; USCG
Assessment (FSA) is conducted; 200624196, 72 FR 3585, Jan. 25, 2007]
(4) Ensure the development and sub-
mission for approval of a Facility Se- 106.205 Company Security Officer
curity Plan (FSP); (CSO).
(5) Ensure that the OCS facility oper- (a) General. (1) An OCS facility owner
ates in compliance with the approved or operator may designate a single CSO
FSP; for all its OCS facilities to which this
(6) Ensure that the TWIC program is part applies, or may designate more
properly implemented as set forth in than one CSO, in which case the owner
this part, including: or operator must clearly identify the
(i) Ensuring that only individuals OCS facilities for which each CSO is re-
who hold a TWIC and are authorized to sponsible.
be in the secure area are permitted to (2) A CSO may perform other duties
escort; and within the owners or operators orga-
(ii) Identifying what action is to be nization, including the duties of a Fa-
taken by an escort, or other authorized cility Security Officer, provided he or
individual, should individuals under es- she is able to perform the duties and
cort engage in activities other than responsibilities required of the CSO.
those for which escorted access was (3) The CSO may delegate duties re-
granted. quired by this part, but remains re-
(7) Ensure that adequate coordina- sponsible for the performance of those
tion of security issues takes place be- duties.
tween OCS facilities and vessels, in- (4) The CSO must maintain a TWIC.
cluding the execution of a Declaration (b) Qualifications. The CSO must have
of Security (DoS) as required by this general knowledge, through training or
part; equivalent job experience, in the fol-
(8) Ensure, within 12 hours of notifi- lowing:
cation of an increase in MARSEC (1) Security administration and orga-
Level, implementation of the addi- nization of the OCS facility;
tional security measures required by (2) OCS facility and vessel operations
the FSP for the new MARSEC Level; and conditions;
(9) Ensure all breaches of security (3) OCS facility and vessel security
and security incidents are reported in measures including the meaning and
accordance with part 101 of this sub- consequential requirements of the dif-
chapter; ferent MARSEC Levels;
390
(4) Emergency preparedness and re- (4) Ensure that the FSP is modified
sponse and contingency planning; when necessary to comply with this
(5) Security equipment and systems part;
and their operational limitations; (5) Ensure that OCS facility security
(6) Methods of conducting audits, in- activities are audited in compliance
spection, control, and monitoring; and with this part;
(7) Techniques for security training (6) Ensure the timely correction of
and education, including security problems identified by audits or inspec-
measures and procedures. tions;
(c) In addition to the knowledge and (7) Enhance security awareness and
vigilance within the owners or opera-
training in paragraph (b) of this sec-
tors organization;
tion, the CSO must have general
(8) Ensure relevant personnel receive
knowledge, through training or equiva-
adequate security training in compli-
lent job experience, in the following, as
ance with this part;
appropriate:
(9) Ensure communication and co-
(1) Relevant international conven- operation between the OCS facility and
tions, codes, and recommendations; vessels that interface with it, in com-
(2) Relevant government legislation pliance with this part;
and regulations; (10) Ensure consistency between secu-
(3) Responsibilities and functions of rity requirements and safety require-
other security organizations; ments in compliance with this part;
(4) Methodology of Facility Security (11) Ensure that if a common FSP is
Assessment. prepared for more than one similar
(5) Methods of OCS facility security OCS facility, the FSP reflects any OCS
surveys and inspections; facility specific characteristics; and
(6) Handling sensitive security infor- (12) Ensure compliance with an Alter-
mation (SSI) and security related com- native Security Program or equiva-
munications; lents approved under this subchapter,
(7) Knowledge of current security if appropriate.
threats and patterns; (13) Ensure the TWIC program is
(8) Recognition and detection of dan- being properly implemented.
gerous substances and devices; [USCG200314759, 68 FR 39345, July 1, 2003; 68
(9) Recognition of characteristics and FR 41917, July 16, 2003, as amended at 68 FR
behavioral patterns of persons who are 60558, Oct. 22, 2003; USCG200624196, 72 FR
likely to threaten security; 3585, Jan. 25, 2007]
(10) Techniques used to circumvent 106.210 OCS Facility Security Officer
security measures; (FSO).
(11) Methods of physical screening
(a) General. (1) The FSO may perform
and non-intrusive inspections; and
other duties within the owners or op-
(12) Conducting and assessing secu- erators organization, provided he or
rity drills and exercises. she is able to perform the duties and
(13) Knowledge of TWIC require- responsibilities required of the FSO of
ments. each such OCS facility.
(d) Responsibilities. In addition to any (2) The same person may serve as the
other duties required by this part, for FSO for more than one OCS facility,
each OCS facility for which the CSO is provided the facilities are within a rea-
responsible, the CSO must: sonable proximity to each other. If a
(1) Keep the OCS facility apprised of person serves as the FSO for more than
potential threats or other information one OCS facility, the name of each OCS
relevant to its security; facility for which he or she is the FSO
(2) Ensure that a Facility Security must be listed in the Facility Security
Assessment (FSA) is carried out in Plan (FSP) of each OCS facility for
compliance with this part; which he or she is the FSO.
(3) Ensure that a Facility Security (3) The FSO may assign security du-
Plan (FSP) is developed, approved, ties to other OCS facility personnel;
maintained, and implemented in com- however, the FSO remains responsible
pliance with this part; for these duties.
391
106.215 33 CFR Ch. I (7112 Edition)
(4) The FSO must maintain a TWIC. (13) Ensure that when changes in the
(b) Qualifications. The FSO must have MARSEC Level are attained they are
general knowledge, through training or recorded and reported to the CSO, OCS
equivalent job experience, in the fol- facility owner or operator, and the cog-
lowing: nizant District Commander; and
(1) Those items listed in 106.205(b), (14) Have prompt access to a copy of
and as appropriate 106.205(c), of this the FSA, along with an approved copy
part; of the FSP.
(2) OCS facility layout; (15) Ensure the TWIC program is
(3) The FSP and related procedures;
properly implemented.
and
(4) Operation, testing and mainte- [USCG200314759, 68 FR 39345, July 1, 2003, as
nance of security equipment and sys- amended by USCG200624196, 72 FR 3585,
tems. Jan. 25, 2007]
(c) Responsibilities. In addition to any
other responsibilities specified else- 106.215 Company or OCS facility per-
where in this part, the FSO must, for sonnel with security duties.
each OCS facility for which he or she Company and OCS facility personnel
has been designated: responsible for security duties must
(1) Regularly inspect the OCS facility maintain a TWIC, and must have
to ensure that security measures are knowledge, through training or equiva-
maintained in compliance with this lent job experience, in the following, as
part; appropriate:
(2) Ensure the maintenance of and su- (a) Knowledge of current and antici-
pervision of the implementation of the
pated security threats and patterns.
FSP, and any amendments to the FSP,
(b) Recognition and detection of dan-
in compliance with this part;
(3) Ensure the coordination and han- gerous substances and devices;
dling of stores and industrial supplies (c) Recognition of characteristics and
in compliance with this part; behavioral patterns of persons who are
(4) Where applicable, propose modi- likely to threaten security;
fications to the FSP to the Company (d) Recognition of techniques used to
Security Officer (CSO); circumvent security measures;
(5) Ensure that any problems identi- (e) Security related communications;
fied during audits or inspections are re- (f) Knowledge of emergency proce-
ported to the CSO, and promptly imple- dures and contingency plans;
ment any corrective actions; (g) Operation of security equipment
(6) Ensure security awareness and and systems;
vigilance on board the OCS facility; (h) Testing, calibration, and mainte-
(7) Ensure adequate security training nance of security equipment and sys-
for OCS facility personnel in compli-
tems;
ance with this part;
(i) Inspection, control, and moni-
(8) Ensure the reporting and record-
ing of all security incidents in compli- toring techniques;
ance with this part; (j) Methods of physical screenings of
(9) Ensure the coordinated implemen- persons, personal effects, stores and in-
tation of the FSP with the CSO; dustrial supplies;
(10) Ensure that security equipment (k) Familiarity with all relevant as-
is properly operated, tested, calibrated pects of the TWIC program and how to
and maintained in compliance with carry them out;
this part; (l) Relevant provisions of the Facil-
(11) Ensure consistency between secu- ity Security Plan (FSP); and
rity requirements and the proper treat- (m) The meaning and the consequen-
ment of OCS facility personnel affected tial requirements of the different
by those requirements; MARSEC Levels.
(12) Ensure that occurrences that
threaten the security of the OCS facil- [USCG200314759, 68 FR 39345, July 1, 2003; 68
ity are recorded and reported to the FR 41917, July 16, 2003, as amended by USCG
CSO; 200624196, 72 FR 3586, Jan. 25, 2007]
392
106.220 Security training for all cility, and other relevant cir-
other OCS facility personnel. cumstances. Examples of drills include
All other OCS facility personnel, in- unauthorized entry to a restricted
cluding contractors, whether part- area, response to alarms, and notifica-
time, full-time, temporary, or perma- tion of appropriate authorities.
nent, must have knowledge, through (3) If a vessel is conducting oper-
training or equivalent job experience, ations with the OCS facility on the
of the following, as appropriate: date the OCS facility has planned to
(a) Relevant provisions of the Facil- conduct any drills, the OCS facility
ity Security Plan (FSP); may include, but cannot require, the
(b) The meaning and the consequen- vessel or vessel personnel to partici-
tial requirements of the different pate in the OCS facilitys scheduled
MARSEC Levels including emergency drill.
procedures and contingency plans; (c) Exercises. (1) From the date of the
(c) Recognition and detection of dan- FSP approval, exercises must be con-
gerous substances and devices; ducted at least once each calendar
(d) Recognition of characteristics and year, with no more than 18 months be-
behavioral patterns of persons who are tween exercises.
likely to threaten security; and (2) Exercises may be:
(e) Recognition of techniques used to (i) Full scale or live;
circumvent security measures. (ii) Tabletop simulation;
(f) Familiarity with all relevant as- (iii) Combined with other appropriate
pects of the TWIC program and how to exercises held; or
carry them out. (iv) A combination of the elements in
[USCG200314759, 68 FR 39345, July 1, 2003, as paragraphs (c)(2)(i) through (iii) of this
amended at 68 FR 60558, Oct. 22, 2003; USCG section.
200624196, 72 FR 3586, Jan. 25, 2007] (3) Exercises may be facility-specific
or part of a cooperative exercise pro-
106.225 Drill and exercise require-
ments. gram.
(4) Each exercise must test commu-
(a) General. (1) Drills and exercises nication and notification procedures,
must test the proficiency of facility and elements of coordination, resource
personnel in assigned security duties at availability, and response.
all MARSEC Levels and the effective (5) Exercises are a full test of the Fa-
implementation of the Facility Secu- cility Security Plan and must include
rity Plan (FSP). They must enable the substantial and active participation of
Facility Security Officer (FSO) to iden- relevant company and OCS facility per-
tify any related security deficiencies sonnel, and may include governmental
that need to be addressed. authorities and vessels depending on
(2) A drill or exercise required by this the scope and the nature of the exer-
section may be satisfied with the im- cise.
plementation of security measures re-
quired by the FSP as the result of an [USCG200314759, 68 FR 39345, July 1, 2003, as
increase in the MARSEC Level, pro- amended at 68 FR 60558, Oct. 22, 2003]
vided the FSO reports attainment to
the cognizant District Commander. 106.230 OCS facility recordkeeping
requirements.
(b) Drills. (1) From the date of the
FSP approval, the FSO must ensure (a) Unless otherwise specified in this
that at least one security drill is con- section, the Facility Security Officer
ducted every 3 months. Security drills (FSO) must keep records of the activi-
may be held in conjunction with non- ties as set out in paragraph (b) of this
security drills, where appropriate. section for at least 2 years and make
(2) Drills must test individual ele- them available to the Coast Guard
ments of the FSP, including response upon request.
to security threats and incidents. (b) Records required by this section
Drills should take into account the may be kept in electronic format. If
types of operations of the OCS facility, kept in an electronic format, they
OCS facility personnel changes, the must be protected against unauthor-
types of vessels calling at the OCS fa- ized access, deletion, destruction,
393
106.235 33 CFR Ch. I (7112 Edition)
amendment, and disclosure. The fol- within 96 hours of the MARSEC Level
lowing records must be kept: change are notified of the new
(1) Training. For training under MARSEC Level and the Declaration of
106.215, the date of each session, dura- Security (DoS), if applicable, is revised
tion of session, a description of the as necessary;
training, and a list of attendees; (2) The OCS facility complies with
(2) Drills and exercises. For each drill the required additional security meas-
or exercise, the date held, a description ures within 12 hours; and
of the drill or exercise, a list of partici-
(3) The OCS facility reports compli-
pants, and any best practices or lessons
ance or noncompliance to the cog-
learned which may improve the FSP;
(3) Incidents and breaches of security. nizant District Commander.
Date and time of occurrence, location (c) For MARSEC Levels 2 and 3, the
within the OCS facility, a description Facility Security Officer (FSO) must
of the incident or breach, the identity inform all OCS facility personnel about
of the individual to whom it was re- identified threats, emphasize reporting
ported, and a description of the re- procedures, and stress the need for in-
sponse; creased vigilance.
(4) Changes in MARSEC Levels. Date (d) An OCS facility owner or operator
and time of the notification received, whose facility is not in compliance
and the time of compliance with addi- with the requirements of this section
tional requirements; must so inform the cognizant District
(5) Maintenance, calibration, and test- Commander and obtain approval prior
ing of security equipment. For each oc- to interfacing with another vessel or
currence of maintenance, calibration, prior to continuing operations.
and testing, record the date and time,
and the specific security equipment in- [USCG200314759, 68 FR 39345, July 1, 2003; 68
volved; FR 41917, July 16, 2003]
(6) Security threats. Date and time of
occurrence, how the threat was com- 106.240 Communications.
municated, who received or identified (a) The Facility Security Officer
the threat, a description of the threat, (FSO) must have a means to effectively
to whom it was reported, and a descrip- notify OCS facility personnel of
tion of the response; changes in security conditions at the
(7) Declaration of Security (DoS). A OCS facility.
copy of each DoS for at least 90 days (b) Communication systems and pro-
after the end of its effective period; and cedures must allow effective and con-
(8) Annual audit of the Facility Secu-
tinuous communications between the
rity Plan (FSP). For each annual audit,
OCS facility security personnel, vessels
a letter certified by the FSO stating
the date the audit was conducted. interfacing with the OCS facility, the
cognizant District Commander, and na-
[USCG200314759, 68 FR 39345, July 1, 2003, as tional and local authorities with secu-
amended at 68 FR 60558, Oct. 22, 2003] rity responsibilities.
106.235 Maritime Security (MARSEC) (c) Facility communications systems
Level coordination and implemen- must have a backup means for both in-
tation. ternal and external communications.
(a) The OCS facility owner or oper- [USCG200314759, 68 FR 39345, July 1, 2003; 68
ator must ensure the OCS facility oper- FR 41917, July 16, 2003]
ates in compliance with the security
requirements in this part for the 106.245 Procedures for interfacing
MARSEC Level in effect for the OCS with vessels.
facility. The OCS facility owner or operator
(b) When notified of an increase in must ensure that there are measures
the MARSEC Level, the OCS facility
for interfacing with vessels at all
owner or operator must ensure:
MARSEC Levels.
(1) Vessels conducting operations
with the OCS facility and vessels
scheduled to arrive at the OCS facility
394
106.250 Declaration of Security tained according to manufacturers

(DoS). recommendations.
(a) Each OCS facility owner or oper- (b) Security systems must be regu-
ator must ensure procedures are estab- larly tested in accordance with the
lished for requesting a DoS and for manufacturers recommendations;
handling DoS requests from vessels. noted deficiencies corrected promptly;
(b) At MARSEC Level 1, owners or and the results recorded as required in
operators of OCS facilities interfacing 106.230(b)(5) of this part.
with a manned vessel carrying Certain (c) The Facility Security Plan (FSP)
Dangerous Cargoes, in bulk, must: must include procedures for identifying
(1) Prior to the arrival of a vessel to and responding to security system and
the OCS facility, ensure the Facility equipment failures or malfunctions.
Security Officer (FSO) and Master,
Vessel Security Officer (VSO), or their 106.260 Security measures for access
designated representatives coordinate control.
security needs and procedures, and (a) General. The OCS facility owner
agree upon the contents of a DoS for or operator must ensure the implemen-
the period of time the vessel is at the tation of security measures to:
OCS facility; and (1) Deter the unauthorized introduc-
(2) Upon the arrival of the vessel at tion of dangerous substances and de-
the OCS facility, the FSO and Master, vices, including any device intended to
VSO, or their designated representa- damage or destroy persons, vessels, or
tives, must sign the written DoS. the OCS facility;
(c) Neither the OCS facility nor the (2) Secure dangerous substances and
vessel may embark or disembark per-
devices that are authorized by the OCS
sonnel, or transfer stores or industrial
facility owner or operator to be on
supplies until the DoS has been signed.
board;
(d) At MARSEC Levels 2 and 3, the
FSOs of OCS facilities interfacing with (3) Control access to the OCS facility;
manned vessels subject to part 104 of and
this chapter, or their designated rep- (4) Prevent an unescorted individual
resentatives, must sign and implement from entering the OCS facility unless
DoSs as required in paragraphs (b)(1) the individual holds a duly issued
and (b)(2) of this section. TWIC and is authorized to be on the
(e) At MARSEC Levels 1 and 2, FSOs OCS facility.
of OCS facilities that frequently inter- (b) The OCS facility owner or oper-
face with the same vessel may imple- ator must ensure that the following are
ment a continuing DoS for multiple specified:
visits, provided that: (1) All locations providing means of
(1) The DoS is valid for a specific access to the OCS facility where access
MARSEC Level; restrictions or prohibitions are applied
(2) The effective period at MARSEC for each security level to prevent unau-
Level 1 does not exceed 90 days; and thorized access, including those points
(3) The effective period at MARSEC where TWIC access control procedures
Level 2 does not exceed 30 days. will be applied;
(f) When the MARSEC Level in- (2) The identification of the types of
creases beyond that contained in the restriction or prohibition to be applied
DoS, the continuing DoS is void and a and the means of enforcing them;
new DoS must be executed in accord- (3) The means used to establish the
ance with this section. identity of individuals not in posses-
[USCG200314759, 68 FR 39345, July 1, 2003; 68
sion of a TWIC and the means by which
FR 41917, July 16, 2003, as amended at 68 FR they will be allowed access to the OCS
60558, Oct. 22, 2003] facility; and
(4) Procedures for identifying author-
106.255 Security systems and equip- ized and unauthorized persons at any
ment maintenance. MARSEC level.
(a) Security systems and equipment (c) The OCS facility owner or oper-
must be in good working order and in- ator must ensure that a TWIC program
spected, tested, calibrated, and main- is implemented as follows:
395
106.260 33 CFR Ch. I (7112 Edition)
(1) All persons seeking unescorted ac- tem, ensure that it is coordinated with
cess to secure areas must present their identification and TWIC systems in
TWIC for inspection before being al- place on vessels conducting operations
lowed unescorted access, in accordance with the OCS facility.
with 101.514 of this subchapter. Inspec- (e) The OCS facility owner or oper-
tion must include: ator must establish in the approved Fa-
(i) A match of the photo on the TWIC cility Security Plan (FSP) the fre-
to the individual presenting the TWIC; quency of application of any access
(ii) Verification that the TWIC has controls, particularly if they are to be
not expired; and applied on a random or occasional
(iii) A visual check of the various se- basis.
curity features present on the card to (f) MARSEC Level 1. The OCS facility
determine whether the TWIC has been owner or operator must ensure the fol-
tampered with or forged. lowing security measures are imple-
(2) If an individual cannot present a mented at the facility:
TWIC because it has been lost, dam- (1) Implement TWIC as set out in
aged or stolen, and he or she has pre- paragraph (c) of this section.
viously been granted unescorted access (2) Screen persons and personal ef-
to the facility and is known to have fects going aboard the OCS facility for
had a valid TWIC, the individual may dangerous substances and devices at
be given unescorted access to secure the rate specified in the approved FSP;
areas for a period of no longer than (3) Conspicuously post signs that de-
seven consecutive calendar days if: scribe security measures currently in
(i) The individual has reported the effect and clearly stating that:
TWIC as lost, damaged or stolen to
(i) Boarding an OCS facility is
TSA as required in 49 CFR 1572.19(f);
deemed valid consent to screening or
(ii) The individual can present an-
inspection; and
other identification credential that
meets the requirements of 101.515 of (ii) Failure to consent or submit to
this subchapter; and screening or inspection will result in
(iii) There are no other suspicious denial or revocation of authorization
circumstances associated with the indi- to be on board;
viduals claim of loss or theft. (4) Check the identification of any
(3) If an individual cannot present his person seeking to board the OCS facil-
or her TWIC for any other reason than ity, including OCS facility employees,
outlined in paragraph (c)(2) of this sec- passengers and crews of vessels inter-
tion, he or she may not be granted facing with the OCS facility, vendors,
unescorted access to the secure area. and visitors and ensure that non-TWIC
The individual must be under escort, as holders are denied unescorted access to
that term is defined in part 101 of this the OCS facility;
subchapter, at all times when inside of (5) Deny or revoke a persons author-
a secure area. ization to be on board if the person is
(4) With the exception of persons unable or unwilling, upon the request
granted access according to paragraph of OCS facility personnel or a law en-
(c)(2) of this section, all persons grant- forcement officer, to establish his or
ed unescorted access to secure areas of her identity in accordance with this
the facility must be able to produce his part or to account for his or her pres-
or her TWIC upon request. ence on board. Any such incident must
(5) There must be disciplinary meas- be reported in compliance with this
ures in place to prevent fraud and part;
abuse. (6) Deter unauthorized access to the
(6) The facilitys TWIC program OCS facility;
should be coordinated, when prac- (7) Identify access points that must
ticable, with identification and TWIC be secured or attended to deter unau-
access control measures of vessels or thorized access;
other transportation conveyances that (8) Lock or otherwise prevent access
use the facility. to unattended spaces that adjoin areas
(d) If the OCS facility owner or oper- to which OCS facility personnel and
ator uses a separate identification sys- visitors have access;
396
(9) Ensure OCS facility personnel are (5) Suspending embarkation and/or
not required to engage in or be sub- disembarkation of personnel;
jected to screening, of the person or of (6) Suspending the loading of stores
personal effects, by other OCS facility or industrial supplies;
personnel, unless security clearly re- (7) Evacuating the OCS facility; or
quires it; (8) Preparing for a full or partial
(10) Provide a designated secure area search of the OCS facility.
on board, or in liaison with a vessel [USCG200624196, 72 FR 3586, Jan. 25, 2007]
interfacing with the OCS facility, for
conducting inspections and screening 106.262 Security measures for newly-
of people and their personal effects; hired employees.
and (a) Newly-hired OCS facility employ-
(11) Respond to the presence of unau- ees may be granted entry to secure
thorized persons on board. areas of the OCS facility for up to 30
(g) MARSEC Level 2. In addition to consecutive calendar days prior to re-
the security measures required for ceiving their TWIC provided all of the
MARSEC Level 1 in this section, at requirements in paragraph (b) of this
MARSEC Level 2, the OCS facility section are met, and provided that the
owner or operator must ensure the im- new hire is accompanied by an indi-
plementation of additional security vidual with a TWIC while within the
measures, as specified for MARSEC secure areas of the OCS facility. If TSA
Level 2 in the approved FSP. These ad- does not act upon a TWIC application
ditional security measures may in- within 30 days, the cognizant Coast
clude: Guard COTP may further extend access
(1) Increasing the frequency and de- to secure areas for another 30 days. The
tail of screening of people and personal Coast Guard will determine whether, in
effects embarking onto the OCS facil- particular circumstances, certain prac-
ity as specified for MARSEC Level 2 in tices meet the condition of a new hire
the approved FSP; being accompanied by another indi-
(2) Assigning additional personnel to vidual with a TWIC. The Coast Guard
patrol deck areas during periods of re- will issue guidance for use in making
duced OCS facility operations to deter these determinations.
unauthorized access; (b) Newly-hired OCS facility employ-
(3) Limiting the number of access ees may be granted the access provided
points to the OCS facility by closing for in paragraph (a) of this section if:
and securing some access points; or (1) The new hire has applied for a
TWIC in accordance with 49 CFR part
(4) Deterring waterside access to the
1572 by completing the full enrollment
OCS facility, which may include, pro-
process, paying the user fee, and is not
viding boat patrols.
currently engaged in a waiver or appeal
(h) MARSEC Level 3. In addition to process. The OCS facility owner or op-
the security measures required for erator or Facility Security Officer
MARSEC Level 1 and MARSEC Level 2, (FSO) must have th enew hire sign a
at MARSEC level 3, the facility owner statement affirming this, and must re-
or operator must ensure the implemen- tain the signed statement until the
tation of additional security measures, new hire receives a TWIC;
as specified for MARSEC Level 3 in (2) The OCS facility owner or oper-
their approved FSP. The additional se- ator or the FSO enters the following
curity measures may include: information on the new hire into the
(1) Screening all persons and personal Coast Guards Homeport Web site
effects for dangerous substances and (http://homeport.uscg.mil):
devices; (i) Full legal name, including middle
(2) Being prepared to cooperate with name if one exists;
responders; (ii) Date of birth;
(3) Limiting access to the OCS facil- (iii) Social security number (op-
ity to a single, controlled access point; tional);
(4) Granting access to only those re- (iv) Employer name and 24 hour con-
sponding to the security incident or tact information; and
threat thereof; (v) Date of TWIC enrollment.
397
106.265 33 CFR Ch. I (7112 Edition)
(3) The new hire presents an identi- restricted area. Restricted areas must
fication credential that meets the re- include, as appropriate:
quirements of 101.515 of this sub- (1) Areas containing sensitive secu-
chapter; rity information;
(4) There are no other circumstances (2) Areas containing security and sur-
that would cause reasonable suspicion veillance equipment and systems and
regarding the new hires ability to ob- their controls, and lighting system
tain a TWIC, and the OCS facility controls; and
owner or operator or FSO have not (3) Areas containing critical OCS fa-
been informed by the cognizant COTP cility infrastructure equipment, in-
that the individual poses a security cluding:
threat; and (i) Water supplies;
(5) There would be an adverse impact (ii) Telecommunications;
to OCS facility operations if the new (iii) Power distribution system;
hire is not allowed access. (iv) Access points for ventilation and
(c) This section does not apply to any air-conditioning systems;
individual being hired as a Company (v) Manufacturing areas and control
Security Officer or FSO, or any indi- rooms;
vidual being hired to perform OCS fa- (vi) Areas designated for loading, un-
cility security duties. loading or storage of stores and indus-
(d) The new hire may not begin work- trial supplies; and
ing at the OCS facility under the provi- (vii) Areas containing hazardous ma-
sions of this section until the owner, terials.
operator, or FSO receives notification, (c) The OCS facility owner or oper-
via Homeport or some other means, the ator must ensure that the Facility Se-
new hire has passed an initial name curity Plan (FSP) includes measures
check. for restricted areas to:
[USCG200624196, 72 FR 3587, Jan. 25, 2007] (1) Identify which OCS facility per-
sonnel are authorized to have access;
106.265 Security measures for re- (2) Determine which persons other
stricted areas. than OCS facility personnel are author-
(a) General. The OCS facility owner ized to have access;
or operator must ensure the designa- (3) Determine the conditions under
tion of restricted areas in order to: which that access may take place;
(1) Prevent or deter unauthorized ac- (4) Define the extent of any restricted
cess; area; and
(2) Protect persons authorized to be (5) Define the times when access re-
in the OCS facility; strictions apply.
(3) Protect the OCS facility; (d) MARSEC Level 1. At MARSEC
(4) Protect vessels using and serving Level 1, the OCS facility owner or oper-
the OCS facility; ator must ensure the implementation
(5) Protect sensitive security areas of security measures to prevent unau-
within the OCS facility; thorized access or activities within the
(6) Protect security and surveillance area. These security measures may in-
equipment and systems; and clude:
(7) Protect stores and industrial sup- (1) Restricting access to only author-
plies from tampering. ized personnel;
(b) Designation of restricted areas. The (2) Securing all access points not ac-
OCS facility owner or operator must tively used and providing physical bar-
ensure restricted areas are designated riers to impede movement through the
within the OCS facility. They must remaining access points;
also ensure that all restricted areas are (3) Verifying the identification and
clearly marked and indicate that ac- authorization of all persons seeking
cess to the area is restricted and that entry;
unauthorized presence within the area (4) Using security personnel, auto-
constitutes a breach of security. The matic intrusion detection devices, sur-
OCS facility owner or operator may veillance equipment, or surveillance
designate the entire OCS facility as a systems to detect unauthorized entry
398
to or movement within restricted 106.270 Security measures for deliv-

areas; or ery of stores and industrial sup-
(5) Designating temporary restricted plies.
areas to accommodate OCS facility op- (a) General. The OCS facility owner
erations. If temporary restricted areas or operator must ensure that security
are designated, the FSP must include measures relating to the delivery of
security requirements to conduct a se- stores or industrial supplies to the OCS
curity sweep of the designated tem- facility are implemented to:
porary restricted areas both before and (1) Check stores or industrial supplies
after the area has been established. for package integrity;
(e) MARSEC Level 2. In addition to (2) Prevent stores or industrial sup-
the security measures required for plies from being accepted without in-
MARSEC Level 1 in this section, at spection;
MARSEC Level 2, the OCS facility (3) Deter tampering; and
owner or operator must also ensure the (4) Prevent stores and industrial sup-
implementation of additional security plies from being accepted unless or-
measures, as specified for MARSEC dered. For any vessels that routinely
Level 2 in their approved FSP. These use an OCS facility, an OCS facility
additional security measures may in- owner or operator may establish and
clude: implement standing arrangements be-
(1) Enhancing the effectiveness of the tween the OCS facility, its suppliers,
barriers surrounding restricted areas, and any vessel delivering stores or in-
for example, by the use of patrols or dustrial supplies regarding notification
automatic intrusion detection devices; and the timing of deliveries and their
documentation.
(2) Reducing the number of access
(b) MARSEC Level 1. At MARSEC
points to restricted areas, and enhanc-
Level 1, the OCS facility owner or oper-
ing the controls applied at the remain-
ator must ensure the implementation
ing accesses;
of measures to:
(3) Further restricting access to the (1) Inspect stores or industrial sup-
restricted areas and movements and plies before being accepted; and
storage within them; (2) Check that stores or industrial
(4) Using continuously monitored and supplies match the order prior to being
recorded surveillance equipment; brought on board.
(5) Increasing the number and fre- (c) MARSEC Level 2. In addition to
quency of patrols, including the use of the security measures required for
waterborne patrols; or MARSEC Level 1 in this section, at
(6) Restricting access to areas adja- MARSEC Level 2, the OCS facility
cent to the restricted areas. owner or operator must also ensure the
(f) MARSEC Level 3. In addition to the implementation of additional security
security measures required for measures, as specified for MARSEC
MARSEC Level 1 and MARSEC Level 2, Level 2 in the approved Facility Secu-
at MARSEC Level 3, the OCS facility rity Plan (FSP). These additional secu-
owner or operator must ensure the im- rity measures may include:
plementation of additional security (1) Intensifying inspection of the
measures, as specified for MARSEC stores or industrial supplies during de-
Level 3 in their approved FSP. These livery; or
additional security measures may in- (2) Checking stores or industrial sup-
clude: plies prior to receiving them on board.
(1) Restricting access to additional (d) MARSEC Level 3. In addition to
areas; the security measures for MARSEC
Level 1 and MARSEC Level 2, at
(2) Prohibiting access to restricted
MARSEC Level 3, the OCS facility
areas; or
owner or operator must ensure the im-
(3) Searching restricted areas as part
plementation of additional security
of a security sweep of all or part of the measures, as specified for MARSEC
OCS facility. Level 3 in the approved FSP. These ad-
[USCG200314759, 68 FR 39345, July 1, 2003, as ditional security measures may in-
amended at 68 FR 60558, Oct. 22, 2003] clude:
399
106.275 33 CFR Ch. I (7112 Edition)
(1) Checking all OCS facility stores sunset and sunrise and periods of lim-
or industrial supplies more extensively; ited visibility sufficiently to allow vis-
(2) Restricting or suspending delivery ual identification of persons seeking
of stores or industrial supplies; or access to the OCS facility.
(3) Refusing to accept stores or indus- (c) MARSEC Level 2. In addition to
trial supplies on board. the security measures required for
MARSEC Level 1 in this section, at
106.275 Security measures for moni- MARSEC Level 2, the OCS facility
toring. owner or operator must also ensure the
(a) General. (1) The OCS facility implementation of additional security
owner or operator must ensure the im- measures, as specified for MARSEC
plementation of security measures in Level 2 in the approved FSP. These ad-
this section and have the capability to ditional security measures may in-
continuously monitor, through a com- clude:
bination of lighting, watchkeepers, se- (1) Increasing the frequency and de-
curity guards, deck watches, water- tail of security patrols;
borne patrols, automatic intrusion-de- (2) Using (if not already in use) or in-
tection devices, or surveillance equip- creasing the use of security and sur-
ment as specified in their approved Fa- veillance equipment;
cility Security Plan (FSP), the: (3) Assigning additional personnel as
(i) OCS facility; security lookouts; or
(ii) Restricted areas on board the (4) Coordinating with boat patrols,
OCS facility; and when provided.
(iii) The area surrounding the OCS (d) MARSEC Level 3. In addition to
facility. the security measures for MARSEC
(2) The following must be considered Level 1 and MARSEC Level 2, at
when establishing the appropriate level MARSEC Level 3, the OCS facility
and location of lighting: owner or operator must ensure the im-
(i) OCS facility personnel should be plementation of additional security
able to detect activities on and around measures, as specified for MARSEC
OCS facilities; Level 3 in the approved FSP. These ad-
(ii) Coverage should facilitate per- ditional security measures may in-
sonnel identification at access points; clude:
and (1) Cooperating with responders;
(iii) Lighting effects, such as glare, (2) Switching on all lights;
and their impact on safety, navigation, (3) Switching on all surveillance
and other security activities. equipment capable of recording activi-
(b) MARSEC Level 1. At MARSEC ties on, or in the vicinity of, the OCS
Level 1, the OCS facility owner or oper- facility;
ator must ensure the implementation (4) Maximizing the length of time
of security measures, which may be im- such surveillance equipment (if not al-
plemented in coordination with a ves- ready in use) can continue to record; or
sel interfacing with the OCS facility,
(5) Preparing for underwater inspec-
to:
tion of the OCS facility.
(1) Monitor the OCS facility, particu-
larly OCS facility access points and re- [USCG200314759, 68 FR 39345, July 1, 2003; 68
stricted areas; FR 41917, July 16, 2003, as amended at 68 FR
(2) Be able to conduct emergency 60558, Oct. 22, 2003]
searches of the OCS facility;
(3) Ensure that equipment or system 106.280 Security incident procedures.
failures or malfunctions are identified For each MARSEC Level, the OCS fa-
and corrected; cility owner or operator must ensure
(4) Ensure that any automatic intru- the Facility Security Officer (FSO) and
sion detection device, sets off an audi- OCS facility security personnel are
ble or visual alarm, or both, at a loca- able to:
tion that is continuously attended or (a) Respond to security threats or
monitored; and breaches of security and maintain crit-
(5) Light deck and OCS facility ac- ical OCS facility and OCS facility-to-
cess points during the period between vessel interface operations;
400
(b) Deny access to the OCS facility, (7) OCS facility security require-
except to those responding to an emer- ments;
gency; (8) OCS facility and vessel interface
(c) Evacuate the OCS facility in case business practices;
of security threats or breaches of secu- (9) Contingency planning, emergency
rity; and preparedness and response;
(d) Report security incidents as re- (10) Physical security requirements;
quired in 101.305 of this subchapter; (11) Radio and telecommunications
(e) Brief all OCS facility personnel on systems, including computer systems
possible threats and the need for vigi- and networks;
lance, soliciting their assistance in re- (12) Marine or civil engineering; and
porting suspicious persons, objects, or (13) OCS facility and vessel oper-
activities; and ations.
(f) Secure non-critical operations in
106.305 Facility Security Assessment
order to focus response on critical op- (FSA) requirements.
erations.
(a) Background. The OCS facility
[USCG200314759, 68 FR 39345, July 1, 2003; 68 owner or operator must ensure that the
FR 41917, July 16, 2003] following background information, if
applicable, is provided to the person or
Subpart COuter Continental persons who will conduct the assess-
Shelf (OCS) Facility Security ment:
Assessment (FSA) (1) The general layout of the OCS fa-
cility, including:
106.300 General. (i) The location of each access point
(a) The Facility Security Assessment to the OCS facility;
(FSA) is a written document that is (ii) The number, reliability, and secu-
based on the collection of background rity duties of OCS facility personnel;
information, the completion of an on- (iii) Security doors, barriers, and
scene survey and an analysis of that in- lighting;
formation. (iv) The location of restricted areas;
(v) The emergency and stand-by
(b) A single FSA may be performed
equipment available to maintain essen-
and applied to more than one OCS fa-
tial services;
cility to the extent they share physical
(vi) The essential maintenance equip-
characteristics, location, and oper-
ment and storage areas;
ations.
(vii) Location of escape and evacu-
(c) Third parties may be used in any ation routes and assembly stations;
aspect of the FSA if they have the ap- and
propriate skills and if the Company Se- (viii) Existing security and safety
curity Officer (CSO) reviews and ac- equipment for protection of personnel;
cepts their work. (2) Response procedures for fire or
(d) Those involved in a FSA must be other emergency conditions;
able to draw upon expert assistance in (3) Procedures for monitoring OCS fa-
the following areas, as appropriate: cility and vessel personnel;
(1) Knowledge of current and antici- (4) Procedures for controlling keys
pated security threats and patterns; and other access prevention systems;
(2) Recognition and detection of dan- (5) Response capability for security
gerous substances and devices; incidents;
(3) Recognition of characteristics and (6) Threat assessments, including the
behavioral patterns of persons who are purpose and methodology of the assess-
likely to threaten security; ment, for the OCS facilitys location;
(4) Recognition of techniques used to (7) Previous reports on security
circumvent security measures; needs; and
(5) Methods used to cause a security (8) Any other existing security proce-
incident; dures and systems, equipment, commu-
(6) Effects of dangerous substances nications, and OCS facility personnel.
and devices on structures and essential (b) On-scene survey. The OCS facility
services; owner or operator must ensure that an
401
106.305 33 CFR Ch. I (7112 Edition)
on-scene survey of each OCS facility is (iv) Use of a vessel interfacing with
conducted. The on-scene survey exam- the OCS facility as a weapon or as a
ines and evaluates existing OCS facil- means to cause damage or destruction;
ity protective measures, procedures, and
and operations to verify or collect the (v) Effects of a nuclear, biological,
information required in paragraph (a) radiological, explosive, or chemical at-
of this section. tack to the OCS facilitys shoreside
(c) Analysis and recommendations. In support system;
conducting the FSA, the OCS owner or (3) Threat assessments by Govern-
operator must ensure that the Com- ment agencies;
pany Security Officer (CSO) analyzes (4) Vulnerabilities, including human
the OCS facility background informa- factors, in the OCS facilitys infra-
tion and the on-scene survey, and con- structure, policies and procedures;
sidering the requirements of this part, (5) Any particular aspects of the OCS
provides recommendations to establish facility, including the vessels that
and prioritize the security measures interface with the OCS facility, which
that should be included in the FSP. make it likely to be the target of an
The analysis must consider: attack;
(1) Each vulnerability found during (6) Likely consequences, in terms of
the on-scene survey, including but not loss of life, damage to property, or eco-
limited to: nomic disruption, of an attack on or at
(i) Access to the OCS facility; the OCS facility; and
(ii) Structural integrity of the OCS (7) Locations where access restric-
facility; tions or prohibitions will be applied for
(iii) Existing security measures and each MARSEC Level.
procedures, including identification (d) FSA Report. (1) The OCS facility
systems; owner or operator must ensure that a
(iv) Existing security measures and written FSA report is prepared and in-
procedures relating to essential serv- cluded as a part of the FSP. The report
ices; must contain:
(v) Measures to protect radio and (i) A summary of how the on-scene
telecommunication equipment, includ- survey was conducted;
ing computer systems and networks;
(ii) A description of existing security
(vi) Existing agreements with private
measures, including inspection, control
security companies;
and monitoring equipment, personnel
(vii) Any conflicting policies between
identification documents and commu-
safety and security measures and pro-
nication, alarm, lighting, access con-
cedures;
trol, and similar systems;
(viii) Any conflicting OCS facility op-
erations and security duty assign-
ability found during the on-scene sur-
ments;
vey;
(ix) Any deficiencies identified dur-
ing daily operations or training and (iv) A description of security meas-
drills; and ures that could be used to address each
(x) Any deficiencies identified fol- vulnerability;
lowing security incidents or alerts, the (v) A list of the key OCS facility op-
report of security concerns, the exer- erations that are important to protect;
cise of control measures, or audits. and
(2) Possible security threats, includ- (vi) A list of identified weaknesses,
ing but not limited to: including human factors, in the infra-
(i) Damage to or destruction of the structure, policies, and procedures of
OCS facility or of a vessel adjacent to the OCS facility.
the OCS facility; (2) A FSA report must describe the
(ii) Smuggling dangerous substances following elements within the OCS fa-
and devices; cility:
(iii) Use of a vessel interfacing with (i) Physical security;
the OCS facility to carry those intend- (ii) Structural integrity;
ing to cause a security incident and (iii) Personnel protection systems;
their equipment; (iv) Procedural policies;
402
(v) Radio and telecommunication 106.310 Submission requirements.

systems, including computer systems
(a) A completed FSA report must be
and networks; and
submitted with the Facility Security
(vi) Essential services.
Plan (FSP) required in 106.410 of this
(3) The FSA report must list the per-
part.
(b) An OCS facility owner or operator
ations that are important to protect,
may generate and submit a report that
in each of the following categories:
(i) OCS facility personnel; contains the FSA for more than one
(ii) Visitors, vendors, repair techni- OCS facility subject to this part, to the
cians, vessel personnel, etc.; extent that they share similarities in
(iii) OCS facility stores; physical characteristics, location and
(iv) Any security communication and operations.
surveillance systems; and (c) The FSA must be reviewed and
(v) Any other security systems, if validated, and the FSA report must be
any. updated each time the FSP is sub-
(4) The FSA report must account for mitted for reapproval or revisions.
any vulnerabilities in the following [USCG200314759, 68 FR 39345, July 1, 2003, as
areas: amended at 68 FR 60558, Oct. 22, 2003]
(i) Conflicts between safety and secu-
rity measures; Subpart DOuter Continental
(ii) Conflicts between personnel du- Shelf (OCS) Facility Security
ties and security assignments;
(iii) The impact of watch-keeping du- Plan (FSP)
ties and risk of fatigue on personnel 106.400 General.
alertness and performance;
(iv) Security training deficiencies; (a) The OCS facility owner or oper-
and ator must ensure the FSO develops and
(v) Security equipment and systems, implements a Facility Security Plan
including communication systems. (FSP) for each OCS facility for which
(5) The FSA report must discuss and he or she is designated as FSO. The
evaluate key OCS facility measures FSP:
and operations, including (1) Must identify the FSO by name or
(i) Ensuring performance of all secu- position and provide 24-hour contact
rity duties; information;
(ii) Controlling access to the OCS fa- (2) Must be written in English;
cility through the use of identification (3) Must address each vulnerability
systems or otherwise; identified in the Facility Security As-
(iii) Controlling the embarkation of sessment (FSA);
OCS facility personnel and other per- (4) Must describe security measures
sons and their effects (including per- for each MARSEC Level; and
sonal effects and baggage, whether ac- (5) May cover more than one OCS fa-
companied or unaccompanied); cility to the extent that they share
(iv) Supervising the delivery of stores similarities in physical characteristics
and industrial supplies; and operations, if authorized and ap-
(v) Monitoring restricted areas to en- proved by the cognizant District Com-
sure that only authorized persons have mander.
access; (b) The FSP must be submitted for
(vi) Monitoring deck areas and areas approval to the cognizant District
surrounding the OCS facility; and Commander in a written or electronic
(vii) The ready availability of secu- format in a manner prescribed by the
rity communications, information, and cognizant District Commander.
equipment. (c) The FSP is sensitive security in-
(e) The FSA, FSA report, and FSP formation and must be protected in ac-
must be protected from unauthorized cordance with 49 CFR part 1520.
access or disclosure. (d) If the FSP is kept in an electronic
[USCG200314759, 68 FR 39345, July 1, 2003; 68 format, procedures must be in place to
FR 41917, July 16, 2003, as amended at 68 FR prevent its unauthorized deletion, de-
60558, Oct. 22, 2003] struction, or amendment.
403
106.405 33 CFR Ch. I (7112 Edition)
106.405 Format and content of the FSP meets the applicable requirements
Facility Security Plan (FSP). of this part; or
(a) An OCS facility owner or operator (2) If intending to operate under an
must ensure that the FSP consists of Approved Security Program, submit a
the individual sections listed in this letter signed by the OCS facility owner
paragraph (a). If the FSP does not fol- or operator stating which approved Al-
low the order as it appears in this para- ternative Security Program the owner
graph, the OCS facility owner or oper- or operator intends to use.
ator must ensure that the FSP con- (b) Owners or operators of OCS facili-
tains an index identifying the location ties not in service on or before Decem-
of each of the following sections: ber 31, 2003, must comply with the re-
(1) Security organization of the OCS quirements in paragraph (a) of this sec-
facility; tion 60 days prior to beginning oper-
(2) Personnel training; ations or by December 31, 2003, which-
(3) Drills and exercises; ever is later.
(4) Records and documentation; (c) The cognizant District Com-
(5) Response to change in MARSEC mander will examine each submission
Level; for compliance with this part and ei-
(6) Procedures for interfacing with ther:
vessels; (1) Approve it and specify any condi-
(7) Declaration of Security (DoS); tions of approval, returning to the sub-
(8) Communications; mitter a letter stating its acceptance
(9) Security systems and equipment and any conditions;
maintenance; (2) Return it for revision, returning a
(10) Security measures for access con- copy to the submitter with brief de-
trol; scriptions of the required revisions; or
(11) Security measures for restricted (3) Disapprove it, returning a copy to
areas; the submitter with a brief statement of
(12) Security measures for delivery of the reasons for disapproval.
stores and industrial supplies; (d) An FSP may be submitted and ap-
(13) Security measures for moni- proved to cover more than one OCS fa-
toring; cility where they share similarities in
(14) Security incident procedures; physical characteristics, location, and
(15) Audits and FSP amendments; operations.
and (e) Each OCS facility owner or oper-
(16) Facility Security Assessment ator that submits one FSP to cover
(FSA) report. two or more OCS facilities of similar
(b) The FSP must describe in detail design, location, and operation must
how the requirements of Subpart B of address OCS facility-specific informa-
this part will be met. FSPs that have tion that includes the physical and
been approved by the Coast Guard prior operational characteristics of each
to March 26, 2007 do not need to be OCS facility.
amended to describe their TWIC proce- (f) An FSP that is approved by the
dures until the next regularly sched- cognizant District Commander is valid
uled resubmission of the FSP. for 5 years from the date of its ap-
proval. The cognizant District Com-
[USCG200314759, 68 FR 39345, July 1, 2003; 68 mander will issue an approval letter, as
FR 41917, July 16, 2003, as amended by USCG
indicated in 106.115 of this part.
200624196, 72 FR 3587, Jan. 25, 2007]
[USCG200314759, 68 FR 39345, July 1, 2003, as
106.410 Submission and approval. amended at 68 FR 60558, Oct. 22, 2003]
(a) On or before December 31, 2003,
the owner or operator of each OCS fa- 106.415 Amendment and audit.
cility currently in operation must ei- (a) Amendments. (1) Amendments to a
ther: Facility Security Plan (FSP) that are
(1) Submit one copy of the Facility approved by the cognizant District
Security Plan (FSP) for review and ap- Commander may be initiated by:
proval to the cognizant District Com- (i) The OCS facility owner or oper-
mander and a letter certifying that the ator; or
404
(ii) The cognizant District Com- that the FSP meets the applicable re-
mander, upon a determination that an quirements of this part.
amendment is needed to maintain the (2) If there is a change in ownership
OCS facilitys security. The cognizant or operations of the OCS facility, or if
District Commander will give the OCS there have been modifications to the
facility owner or operator written no- OCS facility, the FSP must be audited
tice and request that the OCS facility including but not limited to physical
owner or operator propose amendments structure, emergency response proce-
addressing any matters specified in the dures, security measures, or oper-
notice. The OCS facility owner or operations.
ator will have at least 60 days to sub- (3) Auditing the FSP as a result of
mit its proposed amendments. Until modifications to the OCS facility may
amendments are approved, the OCS fa- be limited to those sections of the FSP
cility owner or operator shall ensure affected by the OCS facility modifica-
temporary security measures are im- tions.
plemented to the satisfaction of the (4) Unless impracticable due to the
cognizant District Commander. size and nature of the company or the
(2) Proposed amendments must be OCS facility, personnel conducting in-
sent to the cognizant District Com- ternal audits of the security measures
mander. If initiated by the OCS facility specified in the FSP or evaluating its
owner or operator, the proposed implementation must:
amendment must be submitted at least (i) Have knowledge of methods of
30 days before the amendment is to conducting audits and inspections, and
take effect unless the cognizant Dis- control and monitoring techniques;
(ii) Not have regularly assigned secu-
trict Commander allows a shorter pe-
rity duties; and
riod. The cognizant District Com-
(iii) Be independent of any security
mander will approve or disapprove the
measures being audited.
proposed amendment in accordance
(5) If the results of an audit require
with 106.410 of this subpart.
an amendment of either the Facility
(3) Nothing in this section should be Security Assessment (FSA) or FSP, the
construed as limiting the OCS facility FSO must submit, in accordance with
owner or operator from the timely im- 106.410 of this subpart, the amend-
plementation of such additional secu- ments to the cognizant District Com-
rity measures not enumerated in the mander for review and approval no
approved FSP as necessary to address later than 30 days after completion of
exigent security situations. In such the audit and a letter certifying that
cases, the owner or operator must no- the amended FSP meets the applicable
tify the cognizant District Commander requirements of this part.
by the most rapid means practicable as
to the nature of the additional meas- [USCG200314759, 68 FR 39345, July 1, 2003, as
amended at 68 FR 60559, Oct. 22, 2003]
ures, the circumstances that prompted
these additional measures, and the pe-
riod of time these additional measures PART 107NATIONAL VESSEL AND
are expected to be in place. FACILITY CONTROL MEASURES
(4) If the owner or operator has AND LIMITED ACCESS AREAS
changed, the Facility Security Officer
(FSO) must amend the Facility Secu- Subpart A [Reserved]
rity Plan (FSP) to include the name
and contact information of the new Subpart BUnauthorized Entry Into Cuban
OCS facility owner(s) or operator(s) Territorial Waters
and submit the affected portion of the Sec.
FSP for review and approval in accord- 107.200 Definitions.
ance with 106.410 of this subpart. 107.205 Purpose and delegation.
(b) Audits. (1) The FSO must ensure 107.210 Applicability.
107.215 Regulations.
an audit of the FSP is performed annu- 107.220 Permits.
ally, beginning no later than one year 107.225 Appeals.
from the initial date of approval and 107.230 Enforcement.
attach a letter to the FSP certifying 107.240 Continuation.
405
107.200 33 CFR Ch. I (7112 Edition)
AUTHORITY: 50 U.S.C. 191, 192, 194, 195; 14 under the laws of the United States or
U.S.C. 141; Presidential Proclamation 6867, 61 any State, the District of Columbia, or
FR 8843, 3 CFR, 1996 Comp., p. 8; Presidential any territory, commonwealth, or pos-
Proclamation 7757, 69 FR 9515 (March 1, 2004);
session of the United States; unless the
Secretary of Homeland Security Order 2004
001; Department of Homeland Security Dele- vessel has been granted the nationality
gation No. 0170.1; and 33 CFR 1.051. of a foreign nation in accordance with
article 5 of the 1958 Convention on the
SOURCE: Order 2004001, 69 FR 41372, July 8,
High Seas and a claim of nationality or
registry for the vessel is made by the
master or individual in charge at the
Subpart A [Reserved] time of the enforcement action by an
officer or employee of the United
Subpart BUnauthorized Entry Into States authorized to enforce applicable
Cuban Territorial Waters provisions of United States law;
(3) A vessel that was once docu-
107.200 Definitions. mented under the laws of the United
Unless otherwise specified, as used in States and, in violation of the laws of
this subpart: the United States, was either sold to a
Auxiliary vessel includes every de- person not a citizen of the United
scription of watercraft or other artifi- States or placed under foreign registry
cial contrivance used, or capable of or a foreign flag, whether or not the
being used, as a means of transpor- vessel has been granted the nationality
tation on water attached to, or em- of a foreign nation;
barked in, another vessel to which this (4) A vessel without nationality as
subpart applies. defined in 46 U.S.C. Appendix 1903(c)(2)
Cuban territorial waters means the ter- (3); or
ritorial sea and internal waters of Cuba (5) A vessel assimilated to a vessel
determined in accordance with inter- without nationality, in accordance
national law. with paragraph (2) of article 6 of the
Owner, agent, master, officer, or person 1958 Convention on the High Seas.
in charge means the persons or entities
that maintain operational control over 107.205 Purpose and delegation.
any vessel subject to the requirements The purpose of this subpart is to im-
of this subpart. plement Presidential Proclamation
U.S. territorial waters has the same 7757, and Secretary of Homeland Secu-
meaning as provided in 50 U.S.C. 195. rity Order 2004001. All powers and au-
Vessel includes every description of thorities granted to officers of the
watercraft or other artificial contriv- Coast Guard by this subpart may be
ance used, or capable of being used, as delegated to other officers and agents
a means of transportation on water, in- of the Coast Guard unless otherwise
cluding auxiliary vessels. prohibited by law.
Vessel of the United States means
(1) A vessel documented under chap- 107.210 Applicability.
ter 121 of title 46 or a vessel numbered (a) This subpart applies to:
as provided in chapter 123 of that title; (1) Vessels of the United States less
(2) A vessel owned in whole or part than 100 meters (328 feet) in length (and
by all associated auxiliary vessels) and
(i) The United States or a territory, the owners, agents, masters, officers,
commonwealth, or possession of the persons in charge, and members of the
United States; crew of such vessels, that depart U.S.
(ii) A State or political subdivision territorial waters and thereafter enter
thereof; Cuban territorial waters, regardless of
(iii) a citizen or national of the whether such entry is made after an in-
United States; or tervening entry into, passage through,
(iv) A corporation, partnership, asso- or departure from any other foreign
ciation, trust, joint venture, limited li- territory or territorial waters;
ability company, limited liability part- (2) Vessels of the United States less
nership, or any other legal entity, cre- than 100 meters (328 feet) in length (and
ated and authorized to own vessels all associated auxiliary vessels) and
406
the owners, agents, masters, officers, on board. Such actions to be taken are
persons in charge, and members of the in the discretion of the Coast Guard
crew of such vessels that are located at Area or District Commander, or their
or get underway from a berth, pier, designees, as deemed necessary to en-
mooring, or anchorage in U.S. terri- sure compliance with this subpart and
torial waters, or depart U.S. territorial any order given pursuant thereto.
waters with the intent to enter Cuban (e) Where there is a reasonable,
territorial waters; and articulable basis to believe a vessel to
(3) Any person who knowingly fails which this subpart applies intends to
to comply with this subpart or order enter Cuban territorial waters, any
given under this subpart, or knowingly Coast Guard commissioned, warrant, or
obstructs or interferes with the exer- petty officer may require the owners,
cise of any power conferred by this sub- agents, masters, officers, or persons in
part. charge, or any member of the crew of
(b) This subpart does not apply to: any such vessel to provide verbal assur-
Foreign vessels, as defined by 46 U.S.C. ance that the vessel will not enter
2101(12), public vessels, as defined by 46 Cuban territorial waters as a condition
U.S.C. 2101(24) operated for non-com- for a vessel to get underway from a
mercial purposes, or vessels of the berth, pier, mooring, or anchorage in
United States entering Cuban terri- U.S. territorial waters, or to depart
torial waters under force majeure. from U.S. territorial waters. A Coast
107.215 Regulations. Guard commissioned, warrant, or petty
officer may require the owners, agents,
(a) Each person or vessel to which masters, officers, or persons in charge
this subpart applies may not get under- of the vessel to identify all persons on
way or depart from U.S. territorial wa- board the vessel and provide verbal as-
ters without a written permit from the surances that all persons on board have
Commander, Seventh Coast Guard Dis- received actual notice of these regula-
trict, or the District Commanders des- tions. The failure of an owner, agent,
ignee. Permits may be obtained pursu- master, officer, or person in charge, or
ant to the process established in any member of the crew of any vessel
107.220. The owner, agent, master, or (including all auxiliary vessels) to
person in charge of the vessel must which this subpart applies to provide
maintain the written permit for the requested verbal assurances shall not
vessel on board the vessel. be used as the sole basis for seizing the
(b) Each person or vessel to which
vessel for forfeiture under this subpart.
this subpart applies must obey any oral
(f) The provisions of this subpart are
or written order issued by a Coast
in addition to any powers conferred by
Guard Area or District Commander, or
law upon Coast Guard commissioned,
their designees, who may issue oral or
written orders to control the anchor- warrant, or petty officers, and not in
age or movement of such vessels and limitation of any powers conferred by
persons. Designees include Captains of law or regulation upon such officers, or
the Port, and commissioned, warrant any other officers of the United States.
and petty officers of the Coast Guard.
107.220 Permits.
(c) No person or vessel to which this
subpart applies may obstruct or inter- (a) Applications for a permit may be
fere with the exercise of any power obtained by writing or calling the Chief
conferred by this subpart. of Response at Commander, Seventh
(d) Coast Guard commissioned, war- Coast Guard District (dr), 909 SE First
rant and petty officers may go or re- Avenue, Miami, FL 33131, telephone
main on board a vessel subject to this (305) 4156800, or by such other means
subpart, may place guards on the sub- as the District Commander may make
ject vessel, may remove all persons not available to the public. The completed
specifically authorized by the Coast application may be returned via reg-
Guard to go or remain on board the ular mail or facsimile to the Chief of
subject vessel, and may take full or Response at Commander, Seventh
partial possession or control of any Coast Guard District (dr), 909 SE First
such vessel or part thereof, or person Avenue, Miami, FL 33131, facsimile
407
107.225 33 CFR Ch. I (7112 Edition)
(305) 4156809, or by other means pre- 107.225 Appeals.

scribed by the District Commander for (a) Upon written notification by the
the convenience of the applicant. Coast Guard that an application has
(b) All applications must be written been denied, the applicant may request
in English and legible. the Seventh Coast Guard District Com-
(c) The information and documenta- mander to reconsider. The request to
tion in this paragraph must be pro- reconsider must be in writing, must be
vided with the application in order for made within five (5) business days from
it to be complete and considered by the the date of receipt of the initial denial,
Coast Guard: and must contain complete supporting
(1) The name, address, and telephone documentation and evidence which the
number of the applicant; applicant wishes to have considered.
(2) A copy of the valid vessel registra- Requests for reconsideration must be
mailed to Commander, Seventh Coast
tion;
Guard District (d), 909 SE First Ave-
(3) A copy of a valid and applicable li- nue, Miami, FL 33131.
cense issued to the applicant by the (b) Upon receipt of the request to re-
U.S. Department of Commerce, Bureau consider, the Seventh Coast Guard Dis-
of Industry and Security, pursuant to trict Commander may direct a rep-
the Export Administration Regula- resentative to gather and submit docu-
tions, 15 CFR chapter VII, subchapter mentation or other evidence, which, in
C, parts 730774 for the export of the the judgment of the Seventh District
vessel to Cuba; and Commander, would be necessary or
(4) A copy of a valid and applicable helpful to a resolution of the request. If
specific license issued by the U.S. De- gathered and submitted, a copy of this
partment of the Treasury, Office of documentation and evidence shall be
Foreign Assets Control (OFAC), pursu- made available to the applicant. The
ant to the Cuban Assets Control Regu- applicant shall be afforded five (5) busi-
lations, 31 CFR part 515, authorizing ness days from the date of receipt of
the applicants travel-related trans- documentation and evidence gathered
by the Seventh Coast Guard District
actions in Cuba. Applicants who do not
Commanders representative to submit
require such an OFAC specific license
rebuttal materials. On or before the fif-
shall make a written certification to teenth (15th) calendar day following
that effect identifying which OFAC submission of all materials, the Sev-
general license applies or explaining enth Coast Guard District Commander
why no OFAC license is required. shall issue a ruling, in writing, on the
(d) Such applications must provide request to reconsider. The ruling may
the documentation required by reverse the initial denial, or, if the de-
107.220(c) for each person to which this nial is upheld, must contain the spe-
subpart applies on board the particular cific basis for denial of the application
vessel. upon reconsideration.
(e) Upon receiving an application for (c) The Seventh Coast Guard District
a permit, the Seventh Coast Guard Dis- Commanders denial of a request for re-
trict Commander (dr) has ten (10) cal- consideration taken under paragraph
endar days from the receipt of the ap- (b) of this section constitutes final
plication to decide whether the appli- agency action.
cation is complete and, if so, whether a 107.230 Enforcement.
permit will be issued or denied. Appli-
cants will be notified in writing of the (a) Unauthorized departure or entry, or
both. (1) Vessels and persons to whom
decision to issue or deny a permit. In-
this subpart applies, as described in
complete applications will be returned
107.210(a)(1), that do not comply with
to the applicant, along with the rea-
107.215(a), or any order issued pursu-
sons why such application was deemed ant to this subpart may be subject to a
incomplete. civil penalty of not more than $25,000
[Order 2004001, 69 FR 41372, July 8, 2004, as for each day of violation.
amended by USCG20110257, 76 FR 31833, (2) Vessels and persons to whom
June 2, 2011] 107.230(a)(1) applies shall be held to a
408
standard of strict liability for any (3) Seizure and forfeiture of the ves-
entry into Cuban territorial waters sel; and
without a permit or for failure to (4) A civil penalty of not more than
maintain the permit for the vessel on $25,000 for each day of violation.
board the vessel as required under this (c) False Statements. Violation of 18
subpart, except that strict liability U.S.C. 1001 may result in imprisonment
will not be imposed if the failure to ob- for not more than five years or a fine,
tain or carry a permit results pri- or both.
marily from an act of war, force (d) Other enforcement. The civil pen-
majeure, or the negligence of the alties provided for in this subpart are
United States. separate from and in addition to any
enforcement action that any other
(b) Knowing failure to comply. Any
agency may seek for violations of the
person to whom this subpart applies as
statutes and regulations administered
described in 107.210(a)(2) or (a)(3) who by such agencies.
knowingly fails to comply with this
subpart or order given under this sub- 107.240 Continuation.
part, or knowingly obstructs or inter- This subpart will continue to be en-
feres with the exercise of any power forced so long as the national emer-
conferred by this subpart may be sub- gency with respect to Cuba, and the
ject to: emergency authority relating to the
(1) Imprisonment for not more than regulation of the anchorage and move-
10 years; ment of vessels declared in Proclama-
(2) A monetary penalty of not more tion 6867, and expanded in scope by
than $10,000; Proclamation 7757, continues.
409
SUBCHAPTER IANCHORAGES
PART 109GENERAL (b) District Commanders will, when-

ever matters relating to the anchorage
Sec. of vessels are under consideration, as-
109.01 Purpose. certain the view of the District and Di-
109.05 Anchorage grounds. vision Engineer, Corps of Engineers,
109.07 Anchorages under Ports and Water- U.S. Army, and the proper representa-
ways Safety Act. tives of other departments likely to be
109.10 Special anchorage areas.
109.15 Enforcement proceedings.
interested, including the Commandant
109.20 Publication; notice of proposed rule of the Naval District concerned and the
making. medical officer in charge of the quar-
antine station at localities where quar-
AUTHORITY: R.S. 4233, as amended, 28 Stat.
647 as amended, 30 Stat. 98, as amended, sec. antine anchorages are involved, in
7, 38 Stat. 1053, as amended, sec. 6(g)(1), 80 order that they may arrange for suit-
Stat. 940; 33 U.S.C. 180, 258, 322, 471; 49 U.S.C. able representation at such hearings.
1655(g)(1); Pub. L. 107296, 116 Stat. 2135; De- The views of the medical officer in
partment of Homeland Security Delegation charge of the quarantine station relat-
No. 0170.1.
ing to the proposed location and bound-
109.01 Purpose. aries of the quarantine anchorage will
be accepted insofar as practicable and
The purpose of the rules and regula-
consistent with the establishment of
tions in this subchapter is to imple-
other anchorage areas. (An Act of Con-
ment certain laws and set forth the re-
quirements for anchorage areas. gress approved July 1, 1944, as amended
(42 U.S.C. 267), authorizes the Surgeon
[CGFR 6746, 32 FR 17727, Dec. 12, 1967, as General, with the approval of the Sec-
amended by CGD 79096, 44 FR 51585, Sept. 4, retary of Health, Education, and Wel-
1979; USCG19983799, 63 FR 35526, June 30,
1998]
fare, to designate the boundaries of the
quarantine grounds and quarantine an-
109.05 Anchorage grounds. chorages for vessels which are reserved
(a) Section 7 of the Rivers and Har- for use at each United States quar-
bors Act of March 4, 1915 (33 U.S.C. 471), antine station.) A notice of public
authorizes the establishment of an- hearing concerning changes to the An-
chorage grounds for vessels in navi- chorage Regulations will be issued by
gable waters of the United States the District Commander and will be
whenever it is apparent that these are mailed to all known interested parties.
required by the maritime or commer- After providing an opportunity for pub-
cial interests of the United States for lic participation, the District Com-
safe navigation. The statute also au- mander will, if circumstances so war-
thorizes the adoption of suitable rules rant, issue changes to the Anchorage
and regulations regarding the estab- Regulations, or in appropriate cases
lishment of anchorage grounds, which forward recommendations for such
are enforced by the Coast Guard. The changes to the Commandant.
authority conferred by this statute was (c) As soon as publication has been
transferred to and vested in the Sec- noted in the FEDERAL REGISTER, the
retary of Homeland Security by section District Commander will publish
902(j) of the Coast Guard and Maritime changes to the Anchorage Regulations
Transportation Act of 2006 (Pub. L. 109 in the Local Notice to Mariners.
241, 120 Stat. 516), and delegated to the
Commandant of the U.S. Coast Guard (33 U.S.C. 471, 180, 258, 322, and 499; 49 CFR
in Department of Homeland Security 1.46(c) and 1.45(b))
Delegation No. 0170.1. The Com- [CGFR 6746, 32 FR 17727, Dec. 12, 1967, as
mandant redelegated the authority to amended by CGD 79096, 44 FR 51585, Sept. 4,
establish anchorage grounds to each 1979; USCG19983799, 63 FR 35526, June 30,
Coast Guard District Commander as 1998; USCG200727887, 72 FR 45902, Aug. 16,
provided in 33 CFR 1.051(e)(1)(i). 2007]
410
109.07 Anchorages under Ports and time being as Captain of the Port.
Waterways Safety Act. When the vessel is at a port where
The provisions of section 4 (a) and (b) there is no Coast Guard officer, pro-
of the Ports and Waterways Safety Act ceedings will be initiated in the name
as delegated to the Commandant of the of the District Commander.
U.S. Coast Guard in Pub. L. 107296, 116 [CGFR 6746, 32 FR 17727, Dec. 12, 1967, as
Stat. 2135, authorize the Commandant amended by USCG200727887, 72 FR 45903,
to specify times of movement within Aug. 16, 2007]
ports and harbors, restrict vessel oper-
ations in hazardous areas and under 109.20 Publication; notice of pro-
hazardous conditions, and direct the posed rule making.
anchoring of vessels. The sections list- (a) Section 4 of the Administrative
ed in 110.1a of this subchapter are reg- Procedure Act (5 U.S.C. 553), requires
ulated under the Ports and Waterways publication of general notice of pro-
Safety Act. posed rule making in the FEDERAL
[CGD 3811A, 47 FR 4063, Jan. 28, 1982, as REGISTER (unless all persons subject
amended by USCG200314505, 68 FR 9535, thereto are named and either person-
Feb. 28, 2003] ally served or otherwise have actual
notice thereof in accordance with law),
109.10 Special anchorage areas.
except to the extent that there is in-
An Act of Congress of April 22, 1940, volved (1) any military, naval, or for-
provides for the designation of special eign affairs function of the United
anchorage areas wherein vessels not States or (2) any matter relating to
more than sixty-five feet in length, agency management or personnel or to
when at anchor, will not be required to public property, loans, grants, benefits,
carry or exhibit anchorage lights. Such or contracts. Except where notice or
designation is to be made after inves- hearing is required by statute, this re-
tigation, by rule, regulation, or order, quirement does not apply to interpre-
the procedure for which will be similar tative rules, general statements of pol-
to that followed for anchorage grounds icy, rules of agency organization, pro-
under section 7 of the Rivers and Har- cedure, or practice, or in any situation
bors Act of March 4, 1915, as referred to in which the agency for good cause
in 109.05. The areas so designated finds (and incorporates the finding and
should be well removed from the fair- a brief statement of the reasons there-
ways and located where general naviga- for in the rules issued) that notice and
tion will not endanger or be endan- public procedure thereon are impracti-
gered by unlighted vessels. The author- cable, unnecessary, or contrary to the
ity to designate special anchorage public interest.
areas was transferred to and vested in
(b) General notice of proposed rule
the Secretary of Homeland Security by
making published in accordance with
section 902(j) of the Coast Guard and
the above will include (1) a statement
Maritime Transportation Act of 2006
of the time, place, and nature of public
(Pub. L. 109241, 120 Stat 516), and dele-
rule making proceedings; (2) reference
gated to the Commandant of the U.S.
to the authority under which the rule
Coast Guard in Department of Home-
is proposed; and (3) either the terms or
land Security Delegation No. 0170.1.
substance of the proposed rule or a de-
The Commandant redelegated the au-
thority to establish anchorage grounds scription of the subjects and issues in-
to each Coast Guard District Com- volved.
mander as provided in 33 CFR 1.05 [CGFR 6746, 32 FR 17727, Dec. 12, 1967]
1(e)(1)(i).
[USCG200727887, 72 FR 45902, Aug. 16, 2007] PART 110ANCHORAGE
REGULATIONS
109.15 Enforcement proceedings.
Proceedings against a vessel vio- Sec.
lating the Anchorage Regulations are 110.1 General.
to be brought in the name of the officer 110.1a Anchorages under Ports and Water-
of the Coast Guard assigned for the ways Safety Act.
411
Subpart ASpecial Anchorage Areas 110.72b St. Simons Island, Ga.

110.72c Lake Murray, S.C.
110.4 Penobscot Bay, Maine. 110.72d Ashley River, SC.
110.5 Casco Bay, Maine. 110.73 St. Johns River, Fla.
110.6 Portland Harbor, Portland, Maine (be- 110.73a Indian River at Sebastian, Fla.
tween Little Diamond Island and Great 110.73b Indian River at Vero Beach, Fla.
Diamond Island). 110.73c Okeechobee Waterway, St. Lucie
110.6a Fore River, Portland Harbor, Port- River, Stuart, FL.
land, Maine. 110.74 Marco Island, Marco River, Fla.
110.8 Lake Champlain, N.Y. and Vt. 110.74a Manatee River, Bradenton, Fla.
110.9 Wells Harbor, Maine. 110.74b Apollo Beach, Fla.
110.10 Portsmouth Harbor, New Hampshire, 110.74c Bahia de San Juan, PR.
north of Newcastle Island. 110.75 Corpus Christi Bay, Tex.
110.25 Salem Sound, Mass. 110.77 Amistad Reservoir, Tex.
110.26 Marblehead Harbor, Marblehead, 110.77a Duluth-Superior Harbor, Duluth,
Mass. Minn.
110.27 Lynn Harbor in Broad Sound, Mass. 110.77b Madeline Island, WI.
110.29 Boston Inner Harbor, Mass. 110.78 Sturgeon Bay, Sturgeon Bay, Wis.
110.30 Boston Harbor, Mass.. 110.79a Neenah Harbor, Neenah, Wis.
110.31 Hull Bay and Allerton Harbor at Hull, 110.79b Millers Bay, Lake Winnebago, Osh-
Mass. kosh, WI.
110.32 Hingham Harbor, Hingham, Mass. 110.79c Fish Creek Harbor, Fish Creek, Wis-
110.37 Sesuit Harbor, Dennis, Mass. consin.
110.38 Edgartown Harbor, Mass. 110.80 Milwaukee Harbor, Milwaukee, Wis.
110.40 Silver Beach Harbor, North Fal- 110.80a Lake Macatawa, Mich.
mouth, Mass. 110.80b Marquette Harbor, Marquette, Mich.
110.45 Onset Bay, Mass. 110.81 Muskegon Lake, Mich.
110.45a Mattapoisett Harbor, Mattapoisett, 110.81a Lake Betsie, Frankfort, MI.
Mass. 110.82 Charlevoix Harbor, Mich.
110.46 Newport Harbor, Newport, R.I. 110.82a Little Traverse Bay, Lake Michigan,
110.47 Little Narragansett Bay, Watch Hill, Harbor Springs, Mich.
R.I. 110.83 Chicago Harbor, Ill.
110.48 Thompson Cove on east side of 110.83a Cedar Point, Sandusky, Ohio.
Pawcatuck River below Westerly, R.I. 110.84 Black Rock Channel opposite foot of
110.50 Stonington Harbor, Conn. Porter Avenue, Buffalo, N.Y.
110.50a Fishers Island Sound, Stonington, 110.84b Buffalo, N.Y.
Conn. 110.85 Niagara River, Youngstown, N.Y.
110.50b Mystic Harbor, Groton and 110.86 Sodus Bay, NY.
Stonington, Conn. 110.87 Henderson Harbor, N.Y.
110.50c Mumford Cove, Groton, Conn. 110.90 San Diego Harbor, California.
110.50d Mystic Harbor, Noank, Conn. 110.91 Mission Bay, Calif.
110.51 Groton, Conn. 110.93 Dana Point Harbor, Calif.
110.52 Thames River, New London, Conn. 110.95 Newport Bay Harbor, Calif.
110.100 Los Angeles and Long Beach Har-
110.53 Niantic, Conn.
110.54 Long Island Sound, on west side of bors, Calif.
110.111 Marina del Rey Harbor, Calif.
entrance to Pataguanset River, Conn.
110.115 Santa Barbara Harbor, Calif.
110.55 Connecticut River, Conn.
110.120 San Luis Obispo Bay, Calif.
110.55a Five Mile River, Norwalk and
110.125 Morro Bay Harbor, Calif.
Darien, Conn.
110.126 Monterey Harbor, Calif.
110.56 Noroton Harbor, Darien, Conn.
110.126a San Francisco Bay, Calif.
110.58 Cos Cob Harbor, Greenwich, Conn.
110.127 Lake Mohave and Lake Mead, Ne-
110.59 Eastern Long Island, NY.
vada and Arizona.
110.60 Captain of the Port, New York.
110.127a Lake Powell, Utah-Arizona.
110.65 Indian River Bay, Del. 110.127b Flaming Gorge Lake, Wyoming-
110.67 Delaware River, Essington, Pa.
Utah.
110.70 Chesapeake and Delaware Canal, eas- 110.127c Trinidad Bay, Calif.
terly of Courthouse Point, Md. 110.128 Columbia River at Portland, Oreg.
110.70a Northeast River, North East, Md. 110.128b Island of Hawaii, Hawaii.
110.71 Jacobs Nose Cove, Elk River, Md. 110.128c Island of Kauai, Hawaii.
110.71a Cabin Creek, Grasonville, Md. 110.128d Island of Oahu, Hawaii. (Datum:
110.71b Wye River, Wye, Md. OHD)
110.72 Blackhole Creek, Md. 110.129a Apra Harbor, Guam. (Datum: WGS
110.72a Chester River, southeast of Chester- 84)
town, Md.
110.72aa Elizabeth River Spectator Vessel Subpart BAnchorage Grounds
Anchorage Areas, between Norfolk and
Portsmouth, Virginia. 110.130 Bar Harbor, Maine.
412
110.131 Sheepscot River in the vicinity of 110.218 Pacific Ocean at San Clemente Is-
Edgecomb, Maine. land, Calif.; in vicinity of Wilson Cove.
110.132 Rockland Harbor, Maine. 110.220 Pacific Ocean at San Nicolas Island,
110.133 Kennebec River in vicinity of Bath, Calif.; restricted anchorage areas.
Maine. 110.222 Pacific Ocean at Santa Barbara Is-
110.134 Portland Harbor, Maine. land, Calif.
110.136 Lake Champlain, NY and VT. 110.224 San Francisco Bay, San Pablo Bay,
110.138 Boston Harbor, Mass. Carquinez Strait, Suisun Bay, Sac-
110.140 Buzzards Bay, Nantucket Sound, and ramento River, San Joaquin River, and
adjacent waters, Mass. connecting waters, CA.
110.142 Nantucket Harbor, Mass. 110.228 Columbia River, Oregon and Wash-
110.145 Narragansett Bay, R.I. ington.
110.146 Long Island Sound. 110.229 Straits of Juan de Fuca, Wash.
110.147 New London Harbor, Conn. 110.230 Puget Sound Area, Wash.
110.148 Johnsons River at Bridgeport, Conn. 110.231 Ketchikan Harbor, Alaska, Large
110.150 Block Island Sound, N.Y. Passenger Vessel Anchorage.
110.155 Port of New York. 110.232 Southeast Alaska.
110.156 Randall Bay, Freeport, Long Island, 110.233 Prince William Sound, Alaska.
N.Y. 110.235 Pacific Ocean (Mamala Bay), Hono-
110.157 Delaware Bay and River. lulu Harbor, Hawaii (Datum: NAD 83).
110.158 Baltimore Harbor, MD. 110.236 Pacific Ocean off Barbers Point, Is-
110.159 Annapolis Harbor, MD. land of Oahu, Hawaii: Offshore pipeline
110.166 York River, Va., naval anchorage. terminal anchorages.
110.168 Hampton Roads, Virginia, and adja- 110.237 Pacific Ocean at Waimea, Hawaii,
cent waters (Datum: NAD 83). Naval Anchorage.
110.170 Lockwoods Folly Inlet, N.C. 110.238 Apra Harbor, Guam.
110.173 Port of Charleston, S.C. 110.239 Island of Tinian, CNMI.
110.179 Skidaway River, Isle of Hope, Ga. 110.240 San Juan Harbor, P.R.
110.182 Atlantic Ocean off Fort George 110.245 Vieques Passage and Vieques Sound,
Inlet, near Mayport, Fla. near Vieques Island, P.R.
110.183 St. Johns River, Florida. 110.250 St. Thomas Harbor, Charlotte
110.185 Atlantic Ocean, off the Port of Palm Amalie, V.I.
Beach, Fla. 110.255 Ponce Harbor, P.R.
110.186 Port Everglades, Florida. AUTHORITY: 33 U.S.C. 471, 1221 through 1236,
110.188 Atlantic Ocean off Miami and Miami 2030, 2035, 2071; 33 CFR 1.051; Department of
Beach, Fla. Homeland Security Delegation No. 0170.1.
110.189a Key West Harbor, Key West, Fla.,
naval explosives anchorage area. SOURCE: CGFR 6746, 32 FR 17728, Dec. 12,
110.190 Tortugas Harbor, in vicinity of Gar- 1967, unless otherwise noted.
den Key, Dry Tortugas, Fla.
110.193 Tampa Bay, Fla. 110.1 General.
110.193a St. Joseph Bay, Fla. (a) The areas described in subpart A
110.194 Mobile Bay, Ala., at entrance.
110.194a Mobile Bay, Ala., and Mississippi
of this part are designated as special
Sound, Miss. anchorage areas for purposes of 33
110.194b Mississippi Sound and Gulf of Mex- U.S.C. 2030(g) and 2035(j). Vessels of
ico, near Petit Bois Island, Miss. less than 20 meters in length, and
110.195 Mississippi River below Baton barges, canal boats, scows, or other
Rouge, LA, including South and South- nondescript craft, are not required to
west Passes. sound signals required by rule 35 of the
110.196 Sabine Pass Channel, Sabine Pass, Inland Navigation Rules (33 U.S.C.
Tex.
2035). Vessels of less than 20 meters are
110.197 Galveston Harbor, Bolivar Roads
Channel, Texas not required to exhibit anchor lights or
110.205 Chicago Harbor, Ill. shapes required by rule 30 of the Inland
110.206 Detroit River, Michigan. Navigation Rules (33 U.S.C. 2030).
110.207 Cleveland Harbor, Ohio. (b) The anchorage grounds for vessels
110.208 Buffalo Harbor, N.Y. described in Subpart B of this part are
110.210 San Diego Harbor, CA. established, and the rules and regula-
110.214 Los Angeles and Long Beach har- tions in relation thereto adopted, pur-
bors, California.
suant to the authority contained in
110.215 Anaheim Bay Harbor, Calif., U.S.
Naval Weapons Station, Seal Beach, section 7 of the act of March 4, 1915, as
Calif.; naval explosives anchorage. amended (38 Stat. 1053; 33 U.S.C. 471).
110.216 Pacific Ocean at Santa Catalina Is- (c) All bearings in the part are re-
land, Calif. ferred to true meridian.
413
110.1a 33 CFR Ch. I (7112 Edition)
(d) Geographic coordinates expressed of the City of Rockland, Maine. Requests for
in terms of latitude or longitude, or placement of mooring buoys shall be di-
both, are not intended for plotting on rected to the local government. Fixed moor-
ing piles or stakes are prohibited.
maps or charts whose reference hori-
(b) Camden Harbor, Sherman Cove and
zontal datum is the North American
adjacent waters. (1) Anchorage A. All of
Datum of 1983 (NAD 83), unless such ge-
the waters enclosed by a line beginning
ographic coordinates are expressly la-
at Eaton Point at latitude 441231 N,
beled NAD 83. Geographic coordinates
longitude 0690334 W; thence to lati-
thence to latitude 441232 N, longitude
NAD 83 only after application of the
0690249 W; thence along the shoreline
appropriate corrections that are pub-
to the point of beginning. DATUM:
lished on the particular map or chart
NAD83
being used.
(2) Anchorage B. All of the waters en-
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as closed by a line beginning at
amended by CGD 86082, 52 FR 33811, Sept. 8, Dillingham Point at latitude 441212
1987; USCG19983799, 63 FR 35526, June 30, N, longitude 0690320 W.; thence to
1998]
latitude 441214 N, longitude 0690258
110.1a Anchorages under Ports and W.; thence to latitude 441219 N, lon-
Waterways Safety Act. gitude 0690308 W; thence to latitude
441228 N, longitude 0690313 W;
(a) The anchorages listed in this sec-
thence to latitude 441226 N, longitude
tion are regulated under the Ports and
0690339 W; thence along the shoreline
Waterways Safety Act (33 U.S.C. 1221 et
to the point of beginning. DATUM:
seq.):
NAD83
(1) Section 110.155 Port of New York.
(2) [Reserved] NOTE TO PARAGRAPH (b): Anchorages A and
(b) [Reserved] B are special anchorage areas reserved for
yachts and other recreational craft. Fore and
[CGD 3811A, 47 FR 4063, Jan. 28, 1982, as aft moorings will be allowed in this area.
amended by CGD 96052, 62 FR 16703, Apr. 8, Temporary floats or buoys for marking an-
1997] chors or moorings in place will be allowed.
Fixed mooring piles or stakes are prohibited.
Subpart ASpecial Anchorage All moorings must be so placed that no ves-
sel when anchored is at any time extended
Areas into the thoroughfare. This is to ensure that
a distance of approximately 150 feet is left
110.4 Penobscot Bay, Maine. between Anchorages A and B for vessels en-
(a) Rockland Harbor. Beginning at a tering or departing from Camden Harbor. All
point bearing 244, 1,715 yards, from anchoring in the area is under the super-
Rockland Breakwater Light; thence vision of the local harbor master or such
other authority as may be designated by the
260, 490 yards, to a point bearing 248 authorities of the Town of Camden, Maine.
from Rockland Breakwater Light; (c) Stonington Harbor, Deer Island
thence 350, 580 yards, to a point bear- Thorofare. (1) Crotch Island. All of the
ing 263 from Rockland Breakwater waters bound by the following points
Light; thence 83, 480 yards, to a point beginning at the northeast shore of
bearing 263 from Rockland Breakwater Crotch Island located at: latitude
Light; and thence 169, 550 yards, to the 440851.0 N, longitude 0684006.0 W;
point of beginning. This area is limited thence southerly along the shoreline to
to vessels no greater than 20 meters in latitude 440836.0 N, longitude
length. 0684007.02 W; thence to latitude
NOTE TO PARAGRAPH (a): This area is pri- 440836.0 N, longitude 0684004.02 W;
marily for use by yachts and other rec- thence to latitude 440846.98 N, lon-
reational craft. Temporary floats or buoy for gitude 0684000.0 W; thence to latitude
marking the location of the anchor may be 440855.02 N, longitude 0683949.02 W;
used. All moorings shall be so placed that no
thence to latitude 440854.0 N, lon-
vessel, when anchored, shall at any time ex-
tend beyond the limits of the area. All an- gitude 0684006.0 W thence back to ori-
choring in the area shall be under the super- gin.
vision of the local harbormaster or such au- DATUM: NAD 83.
thority as may be designated by authorities (2) [Reserved]
414
NOTE TO 110.4(c): An ordinance of the from the eastern extremity of Stovers
Town of Stonington, Maine requires the ap- Point to the point of land at the north-
proval of the Stonington Harbor Master for erly end of the harbor, said point of
the location and type of moorings placed in
these special anchorage areas. All anchoring
land bearing approximately 275 from
in the areas are under the supervision of the the observatory on Orrs Island.
Stonington Harbor Master or other such au- (c) Basin Cove, west side of Harpswell
thority as may be designated by the authori- Neck, Harpswell. All of the area lying
ties of the Town of Stonington, Maine. All northeasterly of a line bearing 350
moorings are to be so placed that no moored from the northwest corner of the en-
vessel will extend beyond the limit of the trance to the cove.
area. (c1) Basin Point, Potts Harbor, east
[CGD0102129, 68 FR 44888, July 31, 2003, as side of Basin Point. The water area east
amended by CGD0106084, 72 FR 466, Jan. 5, of Basin Point enclosed by a line begin-
2007; USCG20070198, 73 FR 38923, July 8, ning at the southernmost extremity of
2008] Basin Point at latitude 434417 N., lon-
110.5 Casco Bay, Maine. gitude 700236 W.; thence easterly to
latitude 434417 N., longitude 700219
(a) Beals Cove, West side of Orrs Island, W.; thence north northeasterly to a
Harpswell. The entire cove as defined point on the shoreline at latitude
by the shoreline and a line across the 434443 N., longitude 700205 W.;
entrace bearing 215 and tangent to the thence following the shoreline to the
shore on the north side. point of beginning.
(a1) Merriconeag Sound, Harpswell. (d) Mussel Cove and adjacent waters at
The area comprises that portion of the Falmouth Foreside, Falmouth. All of the
Sound beginning at a point on the waters enclosed by a line beginning at
shoreline about 1,000 feet northeasterly the Dock House (F.S.) located at lati-
from the southwesterly extremity of tude 434422 N, longitude 701141 W;
Orrs Island at latitude 434509, lon- thence to latitude 434419 N, longitude
gitude 695914, thence extending 290 701133 W; thence to latitude 434400
to a point at latitude 434510, lon- N, longitude 701144 W; thence to lati-
gitude 695920, thence extending 20 to tude 434337 N, longitude 701137 W;
a point at latitude 434534, longitude thence to latitude 434304 N, longitude
695905, thence extending 110 to a 701213 W; thence to latitude 434156
point on the shoreline at latitude N, longitude 701253 W; thence to lati-
434533, longitude 695858, thence tude 434149 N, longitude 701305 W;
along the shoreline to the point of be- thence to latitude 434211 N, longitude
ginning. 701330 W; thence along the shoreline
NOTE: The area is principally for use by to the point of beginning. DATUM:
yachts and other recreational craft. Fore and NAD 83.
aft moorings will be allowed. Temporary NOTE TO PARAGRAPH (d). The area designed
floats or buoys for marking anchors in place by paragraph (g) of this section is reserved
will be allowed. All moorings shall be so for yachts and other small recreational
placed that no vessel, when anchored, shall craft. Fore and aft moorings will be allowed
at any time extend beyond the limits of the in this area. Temporary floats or buoys for
area. Fixed mooring piles or stakes are pro- marking anchors or moorings in place will be
hibited. All anchoring in the area shall be allowed. Fixed mooring piles or stakes are
under the supervision of the local harbor prohibited. All moorings must be so placed
master or such authority as may be des- so that no vessel when anchored is at any
ignated by authorities of the Town of time extended into the thoroughfare. All an-
Harpswell, Maine. choring in the area is under the supervision
(a2) Mackerel Cove, Bailey Island, of the local harbor master or such other au-
Harpswell. The water area of Mackerel thority as may be designated by the authori-
ties of the Town of Falmouth, Maine.
Cove lying northeasterly of a line from
a point on Abner Point at latitude (e) Harraseeket River. That portion of
434328 N., longitude 700019 W., to a the Harraseeket River within the mean
point on Bailey Island at latitude low water lines, between Stockbridge
434318.2 N., longitude 700012.2 W. Point and Weston Point, excluding
(b) Harpswell Harbor, east side of therefrom a thoroughfare, 100 feet
Harpswell Neck, Harpswell. The entire wide, the center line of which follows
area lying westerly of a line bearing 8 the natural channel.
415
110.6 33 CFR Ch. I (7112 Edition)
NOTE: This area is reserved for yachts and Yarmouth Harbor Master or other such au-
other small recreational craft. Fore and aft thority as may be designated by the authori-
moorings will be allowed in this area. Tem- ties of the Town of Yarmouth, Maine. All
porary floats or buoys for marking anchors moorings are to be so placed that no moored
or moorings in place will be allowed. Fixed vessel will extend beyond the limit of the an-
mooring piles or stakes are prohibited. All chorage area.
moorings shall be so placed that no vessel
when anchored shall at any time extend into [CGFR 6746, 32 FR 17728, Dec. 12, 1967]
the thoroughfare. All anchoring in the area
shall be under the supervision of the local
harbor master or such other authority as tations affecting 110.5, see the List of CFR
may be designated by the authorities of the Sections Affected, which appears in the
Town of Freeport, Maine. Finding Aids section of the printed volume
and at www.fdsys.gov.
(f) Yarmouth Harbor and adjacent
waters(1) Littlejohn Island/Doyle 110.6 Portland Harbor, Portland,
Point Cousins Island Special Anchor- Maine (between Little Diamond Is-
age. All of the waters enclosed by a land and Great Diamond Island).
line connecting the following points:
Beginning at the southeasterly cor-
Starting from the northernmost point
ner of the wharf, at the most southerly
of Littlejohn Island at latitude
434551.6 N, longitude 700657.0 W; point of Great Diamond Island at lati-
thence to latitude 434546.8 N, lon- tude 434013, longitude 701200; thence
gitude 700653.4 W; thence to latitude extending southwesterly to the north-
434525.8 N, longitude 700722.8 W; easterly corner of the wharf on the eas-
thence to latitude 434516.8 N, lon- terly side of Little Diamond Island at
gitude 700740.8 W; thence to latitude latitude 434003, longitude 701215;
434457.0 N, longitude 700827.0 W; thence extending along the northerly
thence to latitude 434459.9 N, lon- side of the wharf to its shoreward end
gitude 700830.0 W. DATUM: NAD 83. at latitude 434003, longitude 701217;
(2) Madeleine and Sandy Point Spe- thence extending along the shoreline of
cial Anchorage. All of the waters en- Little Diamond Island to latitude
closed by a line connecting the fol- 434011, longitude 701220; thence ex-
lowing points: Starting from a point tending northeasterly to the shoreline
northeast of Birch Point on Cousins Is- of the southerly side of Great Diamond
land at latitude 434515.1 N, longitude Island at latitude 434021, longitude
700916.8 W; thence to latitude 701206; thence extending along the
434521.0 N, longitude 700930.0 W;
shoreline of Great Diamond Island to
the shoreward end of a wharf at lati-
gitude 700910.8 W; thence to latitude
434557.0 N, longitude 700858.8 W; tude 434015, longitude 701202; thence
thence to latitude 434601.3 N, lon- extending along the southwesterly side
gitude 700845.0 W. DATUM: NAD 83. of the wharf to the point of beginning.
(3) Drinkwater Point and Princes NOTE: The area is principally for use by
Point Special Anchorage. All of the wa- yachts and other recreational craft. Tem-
ters enclosed by a line connecting the porary floats or buoys for marking anchors
following points: Starting south of will be allowed. Fixed mooring piles or
Drinkwater Point in Yarmouth, Maine stakes are prohibited. The anchoring of ves-
at latitude 434626.8 N, longitude sels and placing of temporary moorings will
700917.0 W; thence to latitude be under the jurisdiction, and at the discre-
434621.0 N, longitude 700909.6 W; tion of the local Harbor Master. All moor-
thence to latitude 434604.2 N, lon- ings shall be so placed that no moored ves-
gitude 700946.2 W; thence to latitude sels will extend beyond the limit of the area.
434528.8 N, longitude 701024.0 W;
110.6a Fore River, Portland Harbor,
thence to latitude 434543.2 N, lon- Portland, Maine.
gitude 701024.0 W. DATUM: NAD 83.
NOTE TO PARAGRAPH (f). An ordinance of The water area beginning at a point
the Town of Yarmouth, Maine requires the on the shoreline near the Coast Guard
approval of the Yarmouth Harbor Master for Base in Position 4338 43 N and 07014
the location and type of moorings placed in 49 W; thence 319 to position 4338 55 N,
these special anchorage areas. All anchoring
in the areas are under the supervision of the
07015 03 W; thence 50 to position 4339
416
06 N: 070 14 43 W: thence 161 to main- (f) St. Albans Bay, Vt. An area in the
land; and thence southwesterly along northerly portion of St. Albans Bay
the shore to the point of beginning. westward of the State Pier at St. Al-
bans Bay State Park, northeasterly of
[CGD 018702, 52 FR 9829, Mar. 27, 1987]
a line bearing 29630 from the south-
westerly corner of the State Pier, and
110.8 Lake Champlain, N.Y. and Vt.
southeasterly of a line parallel to and
(a) Ticonderoga, N.Y. An area shore- 500 feet west of the west side of the
ward of a line bearing 312 from Ticon- State Pier.
deroga Light to the southeast corner of (g) Charlotte, Vt. An area shoreward
the New York State Boat Launching of a line bearing 080 T from 441612 N,
Ramp. 731718 W, on Thompsons Point to
(b) Essex, N.Y. A small cove at the 441616 N, 731640 W., on Williams
westerly side of Lake Champlain, Point.
shoreward of a line connecting the off- (h) Burlington Harbor, VT. The waters
shore ends of two promontories located bounded by a line connecting the fol-
at Essex. lowing points:
(c) Shelburne, Vt. An area shoreward 442814.4 N 731316.5 W
of a line bearing 142 from the eastern 442814.4 N 731319.5 W
442824.4 N 731318.4 W
point of Collymer Pt. to Allen Hill.
(c1) Shelburne Bay. Beginning at a and thence along the shoreline to the
point on the shoreline at latitude point of the beginning. These positions
442553.0 N., longitude 731447.3 W.; have been converted to North Amer-
thence north to a point at latitude ican Datum 83.
442604.8 N., longitude 731446.6 W.; (i) Point Au Roche, New York. The wa-
thence northwesterly to a point on the ters of Deep Bay north of a line drawn
shoreline at latitude 442606.9 N., lon- shore to shore along the 444614 N line
gitude 731450.2 W.; thence along the of Latitude.
shoreline to the point of beginning. NOTE: Anyone wishing to occupy a mooring
(c2) Shelburne Bay Allen Hill to La in this area shall obtain a permit from the
Platte River. That portion of the waters New York State Office of Parks, Recreation
of Shelburne Bay west of the line from & Preservation.
a point at Allen Hill at latitude [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
442435 N., longitude 731414 W.; to a amended by CGFR 7016A, 35 FR 8823, June 6,
point near the mouth of the La Platte 1970; CCGD3802A, 45 FR 54755, July 18, 1980;
River at latitude 442403 N., longitude CGD38502, 51 FR 4593, Feb. 6, 1986; CGD190
731405 W. 063, 56 FR 12120, Mar. 22, 1991; CGD1 91063, 58
FR 21104, Apr. 19, 1993]
NOTE: The anchoring of vessels and place-
ment of temporary moorings in the anchor- 110.9 Wells Harbor, Maine.
age area described in paragraph (c2) of this (a) Anchorage A. All of the waters
section are administered by the
enclosed by a line beginning at latitude
Harbormaster appointed by the Town of
Shelburne, Vermont. 431915.7 N, longitude 0703342.1 W;
(d) Mallets Bay, Vt. The southwest- gitude 0703340.3 W; thence to latitude
erly portion of Mallets Bay, south of 43192.6 N, longitude 0703345.7 W;
Coates Island and west of a line bearing thence to latitude 43193.7 N, lon-
170 from the most easterly point of gitude 703342.6 W; thence to the point
Coates Island to the mainland. of beginning. This area is approxi-
(e) Mallets Bay, Vt. An area in the mately 5,800 sq. yards, encompassing
northwesterly portion of Mallets Bay, the central portion of Wells Harbor.
south of a line extending from the (b) Anchorage B. All of the waters
northeasterly end of Mallets Head to enclosed by a line beginning at latitude
the northeasterly end of Marble Island, 431911.1 N, longitude 0703349.8 W;
and west of a line extending from the thence to latitude 431910.5 N, lon-
northeasterly end of Marble Island to gitude 0703347.3 W; thence to latitude
the northeasterly side of Cave Island, 43198.7 N, longitude 0703350.6 W;
and southerly to the point on the lower thence to latitude 43198.3 N, lon-
east side of Mallets Head. gitude 0703347.3 W; thence to the point
417
110.10 33 CFR Ch. I (7112 Edition)
of beginning. This area is approxi- 431917.7 N, longitude 0703334.0 W; thence

mately 25,000 sq. yards, encompassing to latitude 431918.4 N, longitude 0703332.9
the western portion of Wells Harbor. W; thence to latitude 431913.8 N, longitude
0703325.5 W; thence to latitude 431913.0 N,
(c) Anchorage C. All of the waters
longitude 0703326.2 W; thence to the point
enclosed by a line beginning at latitude of beginning. This area is approximately
431917.7 N, longitude 0703334.0 W; 8,200 sq. yards, encompassing the eastern
thence to latitude 431918.4 N, lon- portion of Wells Harbor.
gitude 0703332.9 W; thence to latitude
431913.0 N, longitude 0703326.2 W; 110.10 Portsmouth Harbor, New
thence to latitude 431913.8 N, lon- Hampshire, north of Newcastle Is-
gitude 0703325.5 W; thence to the land.
point of beginning. This area is ap- From the northern most point of
proximately 8,200 sq. yards, encom- Goat Island to latitude 430425 N, lon-
passing the eastern portion of Wells gitude 0704337 W; thence 08930 for
Harbor. 1025 yards; thence 120 for 285 yards,
(d) Regulations: This area is prin- thence 213 to the shoreline of New-
cipally for use by yachts and other rec- castle Island, thence along the shore-
reational craft. Temporary floats or line of Newcastle Island and across the
buoys for marking anchors or moorings breakwater to Goat Island and to the
in place are allowed in this area. Fixed point of beginning.
mooring piles or stakes are not al-
lowed. All moorings or anchors shall be [CGD 831R, 48 FR 56578, Dec. 22, 1983]
placed well within the anchorage areas
110.25 Salem Sound, Mass.
so that no portion of the hull or rig-
ging will at any time extend outside of (a) Beverly Harbor, north of Salem
the anchorage. Neck, Salem, MA. A line extending from
NOTE TO 110.9: All anchoring in the areas the northerly end of the Salem Willows
is under the supervision of the Wells Harbor Yacht Club House 360 yards bearing
Master or other such authority as may be 281 true to position latitude 423214.3
designated by the authorities of the Town of N., longitude 705224.17 W.; thence
Wells, Maine. All coordinates referenced use north 275 yards to Monument Bar Bea-
datum: NAD 83.
con thence 540 yards bearing 080 to po-
[USCG20110231, 76 FR 76296, Dec. 7, 2011] sition latitude 423225.3 N., longitude
EFFECTIVE DATE NOTE: By USCG20110231, 70522.1 W., thence 365 yards bearing
77 FR 25590, May 1, 2012, 110.9 was revised, 175 to position latitude 423214.3 N.,
effective July 30, 2012. For the convenience of longitude 70521.1 W.; thence 237 to
the user, the revised text is set forth as fol- the shore. [NAD83]
lows: (b) Bass River. All of the area up-
110.9 Wells Harbor, Maine. stream of the highway bridge (Popes
(a) Anchorage A. All of the waters en-
Bridge) outside of the dredged channel.
closed by a line beginning at latitude (c) South Channel. Bounded by a line
431915.7 N, longitude 0703342.1 W; thence commencing at the northern most
to latitude 431915.7 N, longitude 0703340.3 point of Peachs Point at position lati-
W; thence to latitude 43193.7 N, longitude tude 423108.6 N., longitude 705032.8
0703342.6 W; thence to latitude 43192.6 N, W.; thence westerly to a point, at posi-
longitude 703345.7 W; thence to the point of tion latitude 423121.9 N., longitude
beginning. This area is approximately 5,800
705115.1 W. off Fluen Point; thence
sq. yards, encompassing the central portion
of Wells Harbor. westerly to a point at latitude
(b) Anchorage B. All of the waters en- 423119.3 N., longitude 705147.4 W. off
closed by a line beginning at latitude Naugus Head; thence southwesterly to
431911.1 N, longitude 0703349.8 W; thence a point at latitude 423100.3 N., lon-
to latitude 431910.5 N, longitude 0703347.3 gitude 705116.6 W. east of Folger
W; thence to latitude 43198.3 N, longitude Point; thence to a point at latitude
0703347.3 W; thence to latitude 43198.7 N, 423038.3 N., longitude 705234.6 W.;
longitude 0703350.6 W; thence to the point
thence easterly to a point on Long
of beginning. This area is approximately
25,000 sq. yards, encompassing the western Point at latitude 423052.6 N., lon-
portion of Wells Harbor. gitude 705305 W. The areas will be
(c) Anchorage C. All of the waters en- principally for use by yachts and other
closed by a line beginning at latitude recreational craft. Temporary floats or
418
buoys for marking anchors will be al- are allowed. Fixed mooring piles or stakes
lowed in the areas but fixed piles or are prohibited. All moorings shall be so that
stakes may not be placed. The anchor- no vessel, when anchored, shall at any time
extend beyond the limits of the area. The an-
ing of vessels, the placing of moorings,
choring of vessels and the placing of tem-
and the maintenance of fairways will porary moorings are under the jurisdiction
be under the jurisdiction of the local and at the direction of the local
Harbor Master. harbormaster.
(d) Beverly and Mackerel Coves, north
[CGFR 6896, 33 FR 12550, Sept. 5, 1968; CGFR
side of Beverly Harbor. The water area
68157, 34 FR 1380, Jan. 29, 1969]
enclosed by a line commencing at the
southernmost point of Curtis Point in 110.27 Lynn Harbor in Broad Sound,
Beverly; thence bearing 238, 1,400 Mass.
yards to latitude 423229.7 N.,
North of a line bearing 244 from the
705132.1 W.; thence 284, 1,475 yards to
tower of the Metropolitan District
the western shoreline of Mackerel
Cove; thence north northeasterly to Building, extending from the shore to a
the point of beginning. point 100 feet from the east limit of the
(e) Collins Cove, Salem, MA. The water channel; east of a line bearing 358, ex-
area enclosed by a line beginning at tending thence to a point 100 feet east
Monument Bar Beacon; thence 242, 580 of the northeast corner of the turning
yards to latitude 423214.5 N., lon- basin; south of a line bearing 88, ex-
gitude 705246.3 W.; thence 284, 220 tending thence to the shore; and south
yards to latitude 423216 N., longitude and west of the shoreline to its inter-
705255 W.; thence 231, 525 yards to a section with the south boundary.
point on the shoreline; thence fol- [USCG20090416, 74 FR 27439, June 10, 2009]
lowing the shoreline and the western
boundary of the special anchorage area 110.29 Boston Inner Harbor, Mass.
as described in 33 CFR 110.25(a) to the (a) Vicinity of Pleasant Park Yacht
point of beginning. Club, Winthrop. Southerly of a line
(f) Marblehead Harbor, Marblehead, bearing 276 from a point on the west
MA. The area comprises that portion of side of Pleasant Street, Winthrop, 360
the harbor lying between the extreme feet from the southwest corner of its
low water line and southwestward of a intersection with Main Street; west-
line bearing 336 from Marblehead Neck erly of a line bearing 186 from a point
Light to a point on Peach Point at lation the south side of Main Street 140
tude 423103 N., longitude 705030 W. feet from the southwest corner of its
NOTE: The area is principally for use by intersection with Pleasant Street;
yachts and other recreational craft. Tem-
northerly of a line bearing 256 from a
porary floats or buoys for marking anchors
are allowed. Fixed mooring piles or stakes point on the west side of Pleasant
are prohibited. All moorings must be so that Street 550 feet from the southwest cor-
no vessel, when anchored, will at any time ner of its intersection with Main Street
extend beyond the limits of the area. The an- and easterly of a line bearing 182 from
choring of vessels and the placing of tem- a point on the south side of Main
porary moorings are under the jurisdiction Street 640 feet from the southwest cor-
and at the direction of the local ner of its intersection with Pleasant
harbormaster.
Street.
[USCG20090416, 74 FR 27438, June 10, 2009] (b) Mystic River, east side of Tobin
Bridge. Beginning at a line running
110.26 Marblehead Harbor, Marble- from a point on the Tobin Bridge at
head, Mass.
latitude 422308.5 N. 0710248.2 W. to a
The area comprises that portion of point at latitude 422306.4 N.
the harbor lying between the extreme 0710243.7 W.; thence northwest to a
low water line and southwestward of a point at latitude 422309.1 N.
line bearing 336 from Marblehead Neck 0710243.2 W. along the shoreline to
Light to a point on Peach Point at lati- the western side of Tobin Bridge,
tude 423103, longitude 705030. thence to the point of origin.
NOTE: The area is principally for use by (c) Mystic River, west side of Tobin
yachts and other recreational craft. Tem- Bridge. Beginning at a line running
porary floats or buoys for marking anchors from a point on the Tobin Bridge at
419
110.30 33 CFR Ch. I (7112 Edition)
latitude 422308.8 N. 0710248.6 W. to a Railway on Freeport Street in Dor-

point at latitude 422310.5 N. 0710552 chester; westerly of a line bearing 163
W.; thence northwest to the southeast- from the stack of the Boston Main
erly corner of the pier at latitude Drainage Pumping Station on the Cow
422313.4 N. 0710257.1 W. along the Pasture in Dorchester; and southerly
pier to the shoreline to the eastern side and easterly of the shoreline.
of Tobin Bridge, thence to the point of (c) Dorchester Bay, in vicinity of Dor-
origin. chester Yacht Club. Eastward of a line
(d) Boston Inner Harbor A. (1) The wa- bearing 21 from the stack located a
ters of the western side of Boston Inner short distance northwestward of the
Harbor north of the entrance to the Dorchester Yacht Club; southward of a
Fort Point Channel bound by the fol- line bearing 294 from the southerly
lowing points beginning at latitude channel pier of the highway bridge;
422132 N., longitude 0710250 W; westward of the highway bridge and
thence to latitude 422133 N., lon- the shoreline; and northward of the
gitude 0710244 W.; thence to latitude shoreline.
422126 N., longitude 0710236 W.; (d) Quincy Bay, in vicinity of Wollaston
thence to latitude 422126 N., lon- and Squantum Yacht Clubs. Northwest-
gitude 0710253 W.; thence to point of erly of a line bearing 3630 from a point
origin. [NAD83].
on the shore 2,600 feet easterly of the
(2) The area is principally for use by
east side of the Wollaston Yacht Club
yachts and other recreational craft.
landing; southwesterly of a line bear-
Temporary floats or buoys for marking
ing 12915 from the water tank in
anchors will be allowed. Fixed mooring
Squantum; and southeasterly and
piles or stakes are prohibited. The an-
northeasterly of the shoreline.
choring of vessels and placing of tem-
porary moorings will be under the ju- (e) Quincy Bay, in vicinity of
risdiction, and at the discretion of the Merrymount Yacht Club. South of a line
Harbormaster, City of Boston. All starting from a point bearing 246, 3,510
moorings must be so placed that no yards, from the stack of the pumping
vessel, when moored, will at any time station on Nut Island, and extending
extend beyond the limits of the area. thence 306 to the shore; west of a line
bearing 190 from the aforesaid point to
NOTE TO PARAGRAPH (d): Administration of the shore; and north and east of the
Special Anchorage Area is exercised by the
shoreline.
Harbormaster, City of Boston, pursuant to
local ordinances. The City of Boston will in- (f) Weymouth Fore River, in vicinity of
stall and maintain suitable navigational aids Quincy Yacht Club. A line from the po-
to mark the limits of Special Anchorage sition latitude 421646.9 N. 705712.5
areas. W. to position latitude 421648.8 N.
[USCG20090416, 74 FR 27439, June 10, 2009] 70575.5 W.; thence to latitude 421631
N. 705623.1 W. to the northerly end of
110.30 Boston Harbor, Mass. Raccoon Island at position latitude
(a) Vicinity of South Boston Yacht 421548 N. 705643.4 W.; thence along
Club, South Boston. Northerly of a line the western shoreline of Raccoon Is-
bearing 96 from the stack of the heat- land to the point latitude 421546.4 N.
ing plant of the Boston Housing Au- 705655.4 W.; thence to latitude
thority in South Boston; easterly of a 421543 N. 70575.8 W.; thence along
line bearing 5 from the west shaft of the shoreline to the point of origin.
the tunnel of the Boston Main Drain- [NAD83]
age Pumping Station; southerly of the (g) Weymouth Fore River, in vicinity of
shoreline; and westerly of a line bear- Wessagussett Yacht Club. Southwesterly
ing 158 from the northeast corner of of a line bearing 117 from channel
the iron fence marking the east bound- light 4; southeasterly of a line 150
ary of the South Boston Yacht Club feet from and parallel to the mean-
property. dering easterly limit of the dredged
(b) Dorchester Bay, in vicinity of Savin channel; easterly of a line bearing 188
Hill Yacht Club. Northerly of a line from the eastern extremity of Rock Is-
bearing 64 from the stack of the old land Head; and northwesterly of the
power plant of the Boston Elevated shoreline.
420
(h) Weymouth Fore River, in the vicin- floats or buoys for marking anchors will be
ity of Gull Point (PT). All of the waters allowed. Fixed mooring piles or stakes are
bound by the following points begin- prohibited. The anchoring of vessels and the
placing of temporary moorings is under the
ning at latitude 421505 N., longitude
jurisdiction, and at the discretion, of the
705726 W.; thence to latitude 421500 local Harbor Master, Hull, Mass.
N., longitude 705726 W.; thence to (m) Hingham Harbor Area 1. Beginning
latitude 421515 N., longitude 705650 at position latitude 421539.3 N. lon-
W.; thence to latitude 421518 N., longitude 705322.1 W.; thence to latitude
gitude 705650 W.; thence to the point 421553.8 N. longitude 705330.1 W.;
of the beginning. [NAD83] thence to latitude 421556.3 N. lon-
NOTE TO PARAGRAPH (h): The area is prin- gitude 705321.1 W.; thence to latitude
cipally for use by recreational craft. All an-
choring in the area will be under the super-
421542.3 N. longitude 705313.1 W.;
vision of the local harbor master or such thence to point of beginning. [NAD83]
other authority as may be designated by the (n) Hingham Harbor Area 2. Beginning
authorities of the Town of Weymouth, Mas- at position latitude 421530.6 N. lon-
sachusetts. All moorings are to be so placed gitude 70530.5 W.; thence to latitude
that no moored vessel will extend beyond the 421530.3 N. longitude 705311.6 W.;
limit of the anchorage area. thence to latitude 421527.8 N. lon-
(i) Weymouth Back River, in vicinity of gitude 705316.1 W.; thence to latitude
Eastern Neck. The cove on the north 421528.8 N. longitude 705329.1 W.;
side of the river lying northerly of a thence to latitude 421535.3 N. lon-
line bearing 26430 from the southwest- gitude 705332.1 W.; thence to latitude
erly corner of the American Agricul- 421536.3 N. longitude 705334.6 W.;
tural Chemical Companys wharf (Brad- thence to latitude 421541.3 N. lon-
leys Wharf) to the shore of Eastern gitude 705332.6.5 W.; thence to lati-
Neck, about 2,200 feet distant. tude 421531.3 N. longitude 705326.1
(j) Area No. 1 in Allerton Harbor. That W.; thence to latitude 421531.8 N. lon-
area north of Spinnaker Island begin- gitude 705301.1 W.; thence to point of
ning at latitude 421815.3 N. 705344.1 beginning. [NAD83]
W.; thence due east to latitude (o) Hingham Harbor Area 3. Beginning
421815.3 N. longitude 705327.6 W.; at latitude 421533.3 N. longitude
thence due south to latitude 421807.8 705259.6 W.; thence to latitude
N. longitude 705327.6 W.; thence due 421533.8 N. longitude 705317.1 W.;
west to latitude 421807.8 N. longitude thence to latitude 421535.8 N. lon-
705344.1 W.; thence due north to the gitude 705300.1 W.; thence to point of
point of beginning. [NAD83] beginning. [NAD83]
(k) Area No. 2 in Hull Bay. That area (p) Hingham Harbor Area 4. Beginning
south of Hog Island beginning at lati- at position latitude 421447.3 N. lon-
tude 421750.8 N. longitude 705405.1 gitude 705307.6 W.; thence to latitude
W.; thence due east to latitude 421448.8 N. longitude 70539.6 W.;
421750.8 N. longitude 705327.6 W.; thence to latitude 421454.3 N. lon-
thence due south to latitude 421730.3 gitude 70536.1 W.; thence to latitude
N. longitude 705327.6 W.; thence due 421456.9 N. longitude 705256.6 W.;
west to latitude 421730.3 N. longitude thence to point of beginning. [NAD83]
70545.1 W.; thence due north to the (q) Hingham Harbor Area 5. Beginning
point of beginning. [NAD83] at position latitude 421448.3 N. lon-
(l) Area No. 3 in Hull Bay. That area gitude 705255.1 W.; thence to latitude
north of Bumkin Island beginning at 421448.8 N. longitude 70530.1 W.;
position latitude 421722.3 N. longitude thence to latitude 421458.3 N. lon-
70545.1 W.; thence due east to latitude gitude 705249.1 W.; thence to latitude
421722.3 N. longitude 705315.6 W.; 421453.8 N. longitude 705248.1 W.;
thence due south to latitude 421701.3 thence to point of beginning. [NAD83]
N. longitude 705315.6 W.; thence due
NOTE TO PARAGRAPHS (m), (n), (o), (p) AND
west to latitude 421701.3 N. longitude (q): The areas will be principally for use by
70545.17 W.; thence due north to the yachts and other recreational craft. Tem-
point of beginning. [NAD83]. porary floats or buoys for marking anchors
NOTE TO PARAGRAPHS (j), (k), AND (l): The will be allowed in the areas but fixed piles or
areas will be principally for use by yachts stakes may not be placed. The anchoring of
and other recreational craft. Temporary vessels and the placing of moorings will be
421
110.31 33 CFR Ch. I (7112 Edition)
under the jurisdiction of the local Harbor 421535, longitude 705334; thence to
Master. latitude 421536, longitude 705336.5;
[USCG20090416, 74 FR 27439, June 10, 2009] thence to latitude 421541, longitude
705334.5; thence to latitude 421531,
110.31 Hull Bay and Allerton Harbor longitude 705328; thence to latitude
at Hull, Mass. 421531.5, longitude 705303; thence to
(a) Area No. 1 in Allerton Harbor. That point of beginning.
area north of Hog Island beginning at (c) Area 3. Beginning at latitude
latitude 421815, longitude 705346; 421533, longitude 705301.5; thence to
thence due east to latitude 421815, latitude 421533.5, longitude 705319;
longitude 705329.5; thence due south thence to latitude 421535.5, longitude
to latitude 421807.5, longitude 705302; thence to point of beginning.
705329.5; thence due west to latitude (d) Area 4. Beginning at latitude
421807.5, longitude 705346; thence 421447, longitude 705309.5; thence to
due north to the point of beginning. latitude 421448.5, longitude 705311.5;
(b) Area No. 2 in Hull Bay. That area thence to latitude 421454, longitude
south of Hog Island beginning at lati- 705308; thence to latitude 421456.5,
tude 421750.5, longitude 705407; longitude 705258.5; thence to point of
thence due east to latitude 421750.5, beginning.
longitude 705329.5; thence due south (e) Area 5. Beginning at latitude
to latitude 421730, longitude 421448, longitude 705257; thence to
705329.5; thence due west to latitude latitude 421448.5, longitude 705302;
421730, longitude 705407; thence due thence to latitude 421458, longitude
north to the point of beginning. 705251; thence to latitude 421453.5,
(c) Area No. 3 in Hull Bay. That area longitude 705250; thence to point of
north of Bumkin Island beginning at beginning.
latitude 421722, longitude 705407; NOTE: The areas will be principally for use
thence due east to latitude 421722, by yachts and other recreational craft. Tem-
longitude 705317.5; thence due south porary floats or buoys for marking anchors
to latitude 421701, longitude will be allowed in the areas but fixed piles or
705317.5; thence due west to latitude stakes may not be placed. The anchoring of
421701, longitude 705407; thence due vessels and the placing of moorings will be
north to the point of beginning. under the jurisdiction of the local Harbor
Master.
NOTE: The areas will be principally for use
by yachts and other recreational craft. Tem- [CGFR 6889, 33 FR 11077, Aug. 3, 1968]
porary floats or buoys for marking anchors
will be allowed. Fixed mooring piles or 110.37 Sesuit Harbor, Dennis, Mass.
stakes are prohibited. The anchoring of ves- All the waters of Sesuit Harbor
sels and the placing of temporary moorings southerly of a line extending between
is under the jurisdiction, and at the discre- the outer end of the jetties on each side
tion, of the local Harbor Master, Hull, Mass.
of the entrance to the Harbor.
[CGFR 68160, 34 FR 392, Jan. 10, 1969; 34 FR
939, Jan. 22, 1969] NOTE: The area will be principally for use
by yachts and other recreational craft. Tem-
110.32 Hingham Harbor, Hingham, porary floats or buoys for marking anchors
Mass. will be allowed. Fixed mooring piles of
stakes will be prohibited. The anchoring of
(a) Area 1. Beginning at latitude vessels and the placing of temporary moor-
421539, longitude 705324; thence to ings will be under the jurisdiction and at the
latitude 421553.5, longitude 705332; discretion of the local Harbor Master.
thence to latitude 421556, longitude
705323; thence to latitude 421542, 110.38 Edgartown Harbor, Mass.
longitude 705315; thence to point of An area in the inner harbor easterly
beginning. of the project channel and south of
(b) Area 2. Beginning at latitude Chappaquiddick Point bounded as fol-
421530, longitude 705302.5; thence to lows: Beginning at latitude 412319,
latitude 421530, longitude 705313.5; longitude 703032; thence southeast-
thence to latitude 421527.5, longitude erly along the shore to latitude
705318; thence to latitude 421528.5, 412252, longitude 703012; thence
longitude 705331; thence to latitude 28730 1,600 feet; thence 32730, 700 feet;
422
thence 359 true, 800 feet; thence 2415 110.46 Newport Harbor, Newport, R.I.
approximately 900 feet to the point of (a) Area No. 1. The waters of Brenton
beginning. Cove south of a line extending from
NOTE: The area is reserved for yachts and latitude 412850 N., longitude 711858
other small recreational craft. Fore and aft W.; to latitude 412845 N., longitude
moorings and temporary floats or buoys for 712008 W.; thence along the shoreline
marking anchors in place will be allowed. All to the point of beginning.
moorings shall be so placed that no vessel (b) Area No. 2. The waters east of
when anchored shall extend into waters be- Goat Island beginning at a point bear-
yond the limits of the area. Fixed mooring ing 090, 245 yards from Goat Island
piles or stakes are prohibited. Shoal Light; thence 007, 505 yards;
thence 054, 90 yards; thence 086, 330
110.40 Silver Beach Harbor, North
Falmouth, Mass. yards; thence 122, 90 yards; thence 179,
290 yards; thence 228, 380 yards; thence
All the waters of the harbor north- 270, 250 yards to the point of begin-
ward of the inner end of the entrance ning.
channel. (c) Area No. 3. The waters north of
Goat Island Causeway Bridge beginning
110.45 Onset Bay, Mass. at Newport Harbor Light; thence 023
Northerly of a line extending from to the southwest corner of Anchorage
the northernmost point of Onset Island E; thence 081 following the southerly
to the easternmost point of Wickets Is- boundary of Anchorage E to the shore-
land; easterly of a line extending from line; thence south along the shoreline
the easternmost point of Wickets Is- to the east foot of the Goat Island
land to the southwest extremity of Causeway bridge; thence west following
Goat Island Causeway Bridge to the
Point Independence; southerly of the
shoreline of Goat Island; thence north
shore line; and westerly of the shore
following the east shore of Goat Island
line and of a line bearing due north to the point of beginning.
from the northernmost point of Onset
Island. [CGD 76104, 44 FR 21792, Apr. 12, 1979]
110.45a Mattapoisett Harbor, 110.47 Little Narragansett Bay,

Mattapoisett, Mass. Watch Hill, R.I.
(a) Area No. 1 beginning at a point on All of the navigable waters of Watch
the shore at latitude 413923 N., lon- Hill Cove southeasterly of a line begin-
ning at the shore end of the United
gitude 704850 W.; thence 138.5 T. to
States project groin on the southerly
shore of the cove and running 4130
W.; thence 031 T. to latitude 413902
true, to the northerly shore of the cove
N., longitude 704748 W.; thence along at a point about 200 feet west of the
the shore to the point of beginning. west side of the shore end of Meadow
(b) Area No. 2 beginning at a point on Lane, with the exception of a 100-foot
the shore at latitude 413924 N., lon- wide channel running from the west-
gitude 704902 W.; thence 142.5 T. to erly end of the cove in a southeasterly
latitude 413810 N., longitude 704745 direction to the Watch Hill Yacht Club
W.; thence 219 T. to latitude 413754 pier, thence along in front of the piers
N., longitude 704802 W.; thence along on the easterly side of the cove north-
the shore to the point of beginning. erly to the shore at the north end of
the cove.
NOTE: Administration of the Special An-
chorage Area is exercised by the 110.48 Thompson Cove on east side of
Harbormaster, Town of Mattapoisett pursu- Pawcatuck River below Westerly,
ant to a local ordinance. The town of R.I.
Mattapoisett will install and maintain suit-
able navigational aids to mark the perimeter Eastward of a line extending from
of the anchorage area. the channelward end of Thompson
Dock at the northern end of Thompson
[CGD 832R, 49 FR 25445, June 21, 1984; 49 FR
Cove 184 to the shore at the southern
27320, July 3, 1984]
end of Thompson Cove.
423
110.50 33 CFR Ch. I (7112 Edition)
110.50 Stonington Harbor, Conn. 110.50b Mystic Harbor, Groton and

Stonington, Conn.
(a) Area No. 1. Beginning at the
southeastern tip of Wamphassuc Point; (a) Area No. 1. Beginning at Ram
thence to the northwesterly end of Point on the westerly side of Mason Is-
Stonington Inner Breakwater; thence land at latitude 411944, longitude
along the breakwater to longitude 715842; thence to latitude 411930,
715450.5; thence to latitude 412025.3, longitude 715843; thence to latitude
longitude 715450.5; thence to a point 411936, longitude 715858; thence to
on the shoreline at latitude 412032, latitude 411945, longitude 715856;
longitude 715454.8; thence along the thence to the point of beginning.
shoreline to the point of beginning. (b) Area No. 2. Beginning at a point
(b) Area No. 2. Beginning at a point about 250 feet southerly of Area 1 and
on the shoreline at latitude 411955.8, on line with the easterly limit of Area
longitude 715428.9; thence to latitude 1 at latitude 411927, longitude
411955.8, longitude 715437.1; thence 715844; thence to latitude 411919,
to latitude 412001.6, longitude longitude 715845; thence to latitude
715438.8; thence to a point on the 411925, longitude 715859; thence to
latitude 411933, longitude 715858;
shoreline at latitude 412002, longitude
thence to the point of beginning.
715434.3; thence along the shoreline
to the point of beginning. NOTE: The areas will be principally for use
(c) Area No. 3. Beginning at a point by yachts and other recreational craft. Tem-
on the shoreline at latitude 412029.5, porary floats or buoys for marking anchors
will be allowed. Fixed mooring piles or
longitude 715443; thence to latitude
stakes are prohibited. All moorings shall be
412025.6, longitude 715448.5; thence so placed that no vessel, when anchored,
to latitude 412010.7, longitude shall at any time extend beyond the limits of
715448.5; thence to the shoreline at the areas. The anchoring of vessels and the
latitude 412010.7; thence along the placing of temporary moorings will be under
shoreline to the point of beginning. the jurisdiction and at the discretion of the
local Harbor Master.
NOTE: A fixed mooring stake or pile is pro-
hibited. The General Statutes of the State of 110.50c Mumford Cove, Groton,
Connecticut authorizes the Harbor Master of Conn.
Stonington to station and control a vessel in
the harbor. (a) Area No. 1. Beginning at a point
on the easterly shore of Mumford Cove
[CGFR 68164, 34 FR 1380, Jan. 29, 1969] at latitude 411936, longitude 720106;
110.50a Fishers Island Sound, 720104; thence to the shoreline at
Stonington, Conn.
An area on the east side of Mason Is- and thence along the shoreline to the
land bounded as follows: point of beginning.
Beginning at the shore line on the (b) Area No. 2. Beginning at a point
easterly side of Mason Island at lation the easterly shore of Mumford Cove
tude 412006; thence due east about 600 at latitude 411915, longitude 720054;
feet to latitude 412006, longitude thence to latitude 411914.5, longitude
715737; thence due south about 2,400 720059; thence to latitude 411911,
feet to latitude 411942, longitude longitude 720058; thence to latitude
715737; thence due west about 1,000 411910, longitude 720054; thence to
feet to the shore line on the easterly latitude 411912.5, longitude 720052;
side of Mason Island at latitude thence to latitude 411914, longitude
411942; thence along the shore line to 720055; and thence to the point of be-
the point of beginning. ginning.
NOTE: The area will be principally for use NOTE: The areas are principally for use by
by yachts and other recreational craft. Tem- yachts and other recreational craft. Tem-
porary floats or buoys for marking anchors porary floats or buoys for marking anchors
will be allowed. Fixed mooring piles or will be allowed. Fixed mooring piles or
stakes will be prohibited. The anchoring of stakes will be prohibited. The anchoring of
vessels and the placing of temporary moor- vessels and placing of temporary moorings
ings will be under the jurisdiction and the will be under the jurisdiction, and at the dis-
discretion of the local Harbor Master. cretion, of the local Harbor Master.
424
110.50d Mystic Harbor, Noank, Conn. sel at anchor may be used. Fixed mooring
pilings or stakes are prohibited.
(a) The area comprises that portion
of the harbor off the easterly side of [CGD0197014, 63 FR 34815, June 26, 1998]
Morgan Point beginning at a point at
latitude 411915, longitude 715913.5; 110.52 Thames River, New London,
Conn.
715900; thence to latitude 411902.5, (a) Area No. 1. An area in the westerly
longitude 715900; thence to latitude part of Greens Harbor bounded as fol-
411906, longitude 715913.5; and lows: Beginning at a point on the shore
thence to the point of beginning. 100 yards southeasterly of the south-
(b) The following requirements shall erly side of Thames Street extended;
govern this special anchorage area: thence 84, 420 yards; thence 156, 425
(1) The area will be principally for yards; thence 240, 210 yards, to the
use by yachts and other recreational shore; and thence northwesterly along
craft. the shore to the point of beginning.
(2) Temporary floats or buoys for (b) Area No. 2. An area in the westerly
marking anchors will be allowed but part of Greens Harbor bounded as fol-
fixed piles or stakes are prohibited. All lows: Beginning at a point on the shore
moorings shall be so placed that no 15 yards southeasterly of the southerly
vessel, when anchored, shall extend be- side of Converse Place extended; thence
yond the limits of the area. 54, 170 yards; thence 11430, 550 yards;
(3) The anchoring of vessels and the thence 26630, 250 yards; thence 234, 230
placing of temporary moorings shall be yards, to the shore; and thence north-
under the jurisdiction and at the dis- westerly along the shore to the point of
cretion of the local harbor master, beginning.
Noank, Conn. (c) Area No. 3. An area on the west-
[CGFR 683, 33 FR 4738, Mar. 20, 1968] erly side of the Thames River in the vi-
cinity of Jacobs Rock, the location of
110.51 Groton, Conn. the U.S. Coast Guard Academy Sailing
The waters between an unnamed cove Center, bounded as follows: Beginning
and Pine Island. at the point on the shore where the
(a) Beginning at a point on the shore- north side of the Jacobs Rock cause-
line of Avery Point at latitude way meets the western shoreline;
411901.4, longitude 0720342.8; thence thence northerly along the western
to a point in the cove at latitude shore of the Thames River a distance of
411902.5, longitude 720336.2; thence 200 yards: thence 090, 240 yards; thence
southeasterly to a point at latitude 180, 200 yards to the Jacobs Rock
411856.2, longitude 0720334.2; thence causeway; thence westerly along the
northeasterly to latitude 411902.5, causeway to the point of beginning.
longitude 0720319.2 thence termi- (d) Area No. 4. An area in the western
nating at the tip of Jupiter Point at part of the Thames River, north of the
latitude 411904.4, longitude highway bridge, bounded as follows:
0720319.7. DATUM: NAD 83 Beginning at a point 125 yards north of
(b) Beginning at a point on the shore- the highway bridge at latitude 412156
line of Pine Island at latitude N., longitude 720532 W.; thence eas-
411847.1, longitude 0720336.8; thence terly to latitude 412156 N., longitude
northerly to latitude 411854.1, lon- 720527 W.; thence northerly to lati-
gitude 0720335.4; thence northeasterly tude 412212 N., longitude 720527 W.;
to a point at latitude 411901.2, lon- thence westerly to latitude 412212 N.,
gitude 0720319.3; thence terminating longitude 720547 W.; thence south-
at a point at latitude 411854.0, lon- easterly to latitude 412202 N., lon-
gitude 0720317.5. DATUM: NAD 83 gitude 720540 W.; thence downriver
along the charted foul grounds to the
NOTE: The areas designated by (a) and (b) point of beginning.
are principally for the use of recreational
vessels. Vessels shall be anchored so that NOTE: The area designated by paragraph (c)
part of the vessel obstructs the 135 foot wide of this section is principally for the use of
channel. Temporary floats or buoys for U.S. Coast Guard Academy and Academy-re-
marking the location of the anchor of a ves- lated boats. Temporary floats or buoys for
425
110.53 33 CFR Ch. I (7112 Edition)
marking anchors may be used. The anchor- mately 211, 270 yards, from Haydens
ing of vessels and the placing of moorings Point Light; thence 270, 160 yards;
will be under the jurisdiction and at the dis- thence due north, 140 yards; thence
cretion of the Chief, Waterfront Branch, U.S.
300, 190 yards; thence 330, 400 yards;
Coast Guard Academy, New London, Con-
necticut. thence 90, 60 yards; thence 150, 350
yards; thence 120, about 434 yards to a
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as point on the shore; thence along the
amended by CGD38437, 49 FR 36840, Sept. 20, shore southwesterly to the point of be-
1984; CGD3 8567, 51 FR 32317, Sept. 11, 1986]
ginning.
110.53 Niantic, Conn. (b) Area No. 2, at Essex. Beginning at
a point latitude 412122, longitude
Beginning on the shoreline at lati- 722253; thence 20530, 375 yards;
tude 411825.3, longitude 721216.3; thence 19431, 100 yards; thence 18500,
thence to latitude 411823.3, longitude 440 yards; thence 15330, 80 yards;
721211.6; thence to latitude 411850.7, thence 12100, 220 yards; thence due
longitude 721151.5; thence to the north approximately 1060 yards to the
shoreline at latitude 411856.5, lon- point of beginning.
gitude 721205.6; thence along the
NOTE: The area will be principally for use
shoreline to the point of beginning.
by yachts and other recreational craft. Tem-
NOTE: This area is for public use, prin- porary floats or buoys for marking anchors
cipally for vessels used for a recreational will be allowed. Fixed mooring piles or
purpose. A temporary float or buoy for stakes are prohibited. The anchoring of ves-
marking the location of the anchor of a vessels and the placing of temporary moorings
sel at anchor may be used. Fixed mooring will be under the jurisdiction and at the dis-
piles or stakes are prohibited. cretion of the local Harbor Master.
[CGFR 6924, 34 FR 6480, Apr. 15, 1969] (c) West of Brockway Island at Essex.
That portion of the waters northwest
110.54 Long Island Sound, on west of a line ranging 238 from latitude
side of entrance to Pataguanset 412220.7, longitude 722249.8 to the
River, Conn. shoreline; southwest of a line con-
An area east of Giants Neck (for- necting a point at latitude 412220.7,
merly known as Grant Neck) described longitude 722249.8 and a point at lati-
as follows: Beginning at a point bear- tude 412228.2, longitude 722256; and
ing 114, 75 feet, from the outer end of southeast of a line ranging 238 from
the breakwater at the south end of Gi- latitude 412228.2, longitude 722256 to
ants Neck; thence 90, 1,050 feet; thence the shoreline.
221730, 2,140 feet; thence 283- 2715.5, NOTE: This area is principally for vessels
240 feet; thence 2203639, 1,252.6 feet; used for a recreational purpose. A mooring
thence 2952316.5, 326.5 feet; thence buoy is permitted. Fixed mooring piles or
2690242.6, 240 feet; thence 2614650.9, stakes are prohibited.
181.9 feet; thence 2262807.7, 275.9 feet; (d) Upper Bay(1) Anchorage No. 20A.
thence 1474327.7, 449.4 feet; thence (i) All waters bound by the following
2380135.8, 379.6 feet; and thence appoints: latitude 404206.9 N., longitude
proximately 1563105.8, 462.11 feet, to 0740218.0 W.; thence to latitude
the point of beginning. 404205.4 N., longitude 0740156.9 W.;
thence to latitude 404154.9 N., lon-
110.55 Connecticut River, Conn.
gitude 0740157.7 W.; thence to latitude
(a) West of Calves Island at Old 404154.0 N., longitude 0740212.0 W.;
Saybrook. Beginning at a point bearing thence to latitude 404154.4 N., lon-
2540916, 153 yards, from Calves Island gitude 0740211.7 W.; thence to latitude
20 Light; thence 157, 1,037 yards; 404157.5 N., longitude 0740207.5 W.;
thence 175, 150 yards; thence 265, 250 thence to latitude 404206.1 N., lon-
yards; thence 350, 660 yards; thence gitude 0740219.1 W.; thence to the
337, 460 yards; and thence approxi- point of origin (NAD 83).
mately 67, 135 yards, to the point of (ii) See 33 CFR 110.155(d)(6), (d)(16),
beginning. and (l).
(a1) Area No. 1, at Essex. Beginning (2) Anchorage No. 20B. (i) All waters
at a point on the shore on the west side bound by the following points: latitude
of Haydens Point bearing approxi- 404146.2 N., longitude 0740223.0 W.;
426
thence to latitude 404142.4 N., lon- latitude 412405, longitude 722541;

gitude 0740200.5 W.; thence to latitude thence due east about 600 feet to lati-
404135.7 N., longitude 0740202.7 W.; tude 412405, longitude 722532; thence
thence to latitude 404130.3 N., lon- due north about 1,800 feet to latitude
gitude 0740206.3 W.; thence to latitude 412423, longitude 722532; thence due
404141.9 N., longitude 0740229.2 W.; west about 600 feet to the point of be-
thence to the point of origin (NAD 83). ginning.
(ii) See 33 CFR 110.155(d)(6), (d)(16),
and (l). NOTE: The area is principally for use by
(3) Anchorage No. 20C. (i) All waters yachts and other recreational craft. A moor-
bound by the following points: latitude ing buoy is allowed. Fixed mooring piles or
stakes are prohibited.
404142.4 N., longitude 0740241.5 W.;
thence to latitude 404125.8 N., lon- (e2) Area No. 2 at Chester. That area
gitude 0740209.2 W.; thence to latitude south of latitude 412443.9, west of lon-
404102.1 N., longitude 0740224.7 W.; gitude 722535, north of latitude
thence to latitude 404109.4 N., lon- 412433.4, and east of longitude
gitude 0740240.0 W.; thence to latitude 722540.8.
404113.3 N., longitude 0740241.5 W.;
thence to latitude 404115.8 N., lon- NOTE: Area No. 2 may not be used during
gitude 0740232.6 W.; thence to latitude the shad fishing season, April 1 to June 15,
404125.3 N., longitude 0740229.1 W.; inclusive. A mooring buoy is permitted at
other times. Fixed mooring piles or stakes
are prohibited.
404132.5 N., longitude 0740248.8 W.; (f) Vicinity of Mouse Island Bar below
thence to the point of origin (NAD 83). Portland. On the north side of the river
(ii) See 33 CFR 110.155(d)(6), (d)(16), shoreward of lines described as follows:
and (l). (1) Beginning at a point bearing 02, 175
(e) Area No. 2, at Lord Island. Begin- yards, from Mouse Island 73 Light;
ning at latitude 412611, longitude thence 270, 480 yards; and thence due
722716; thence extending south south- north, approximately 230 yards, to the
easterly to latitude 412603, longitude shore. (2) Beginning at the said point
722702; thence extending southeast- bearing 02, 175 yards, from Mouse Is-
erly to latitude 412559, longitude land 73 Light; thence 70, 400 yards; and
722651; thence extending southwest- thence 350, approximately 250 yards, to
erly to latitude 412558, longitude the shore.
722652; thence extending northwest-
(g) Area at Portland. Beginning at a
erly to latitude 412605, longitude
point on the shore, about 700 feet
722711; thence extending north north-
southeasterly from the easterly end of
westerly to latitude 412610, longitude
the New York, New Haven and Hartford
722720; thence extending easterly to
the point of beginning. Railroad Company bridge, at latitude
413355, longitude 723843; thence 250
NOTE: The areas designated by paragraphs to latitude 413354, longitude 723846;
(d) and (e) of this section are principally for thence 160 to latitude 413348, lon-
use by yachts and other recreational craft.
gitude 723843; thence 145 to latitude
Fore and aft moorings will be allowed. Tem-
porary floats or buoys for marking anchors 413344, longitude 723839; thence 55
in place will be allowed. Fixed mooring piles to a point on the shore at latitude
or stakes are prohibited. All moorings shall 413347, longitude 723832; thence
be so placed that no vessel, when anchored, along the shore to the point of begin-
shall at any time extend beyond the limits of ning.
the areas. The anchoring of vessels and plac-
ing of mooring floats or buoys will be under NOTE: The area will be principally for use
the jurisdiction, and at the discretion of the by yachts and other recreational craft. Tem-
local Harbor Master. Area 2 will not be used porary floats or buoys for marking anchors
during the shad fishing season. will be allowed. Fixed mooring piles or
stakes are prohibited. All moorings shall be
(e1) Area No. 1 at Chester. Beginning so placed that no vessel, when anchored,
at a point about 600 feet southeasterly shall at any time extend beyond the limit of
of the entrance of Chester Creek, at the area or closer than 50 feet to the Federal
latitude 412423, longitude 722541; channel limit. The anchoring of vessels and
thence due south about 1,800 feet to the placing of temporary moorings will be
427
under the jurisdiction, and at the discretion side of the Darien River, thence along
of the local Harbor Master. the easterly shoreline to the point of
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as beginning.
amended by CGFR 68137, 33 FR 18279, Dec.
10, 1968; CGFR 68139, 33 FR 18437, Dec. 12, NOTE: An ordinance of the town of Darien,
1968; USCG20090416, 74 FR 27440, June 10, Conn. requires the Darien Harbor Masters
2009] approval of the location and type of any
mooring placed in this special anchorage
110.55a Five Mile River, Norwalk and area.
Darien, Conn. [CGFR 68122, 33 FR 18238, Dec. 7, 1968]
The water area of the Five Mile River
beginning at a point on the southeast 110.58 Cos Cob Harbor, Greenwich,
shore of Butler Island at latitude Conn.
410327.5 N., longitude 732652 W.; (a) Area A. Beginning at the mean
thence following the shoreline north- low water line about 2,800 feet down-
erly along the westerly side of Five stream from the easterly end of the
Mile River to the highway bridge at New York, New Haven and Hartford
Route 136 (White Bridge); thence eas- Railroad Bridge at latitude 410123,
terly along the southerly side of the longitude 733540; thence extending
highway bridge to the easterly side of True west to latitude 410123, lon-
Five Mile River; thence following the gitude 733542; thence extending
shoreline southerly along the easterly southwesterly to a point at latitude
side of Five Mile River to a point on 410102, longitude 733550; thence
the southwest shore at Rowayton at True east to a point on the shoreline at
latitude 410330 N., longitude 732647 latitude 410102, longitude 733548;
W., thence 242 to the point of begin- thence extending along the mean low
ning, except those areas within the des- water line to the point of beginning.
ignated project channel as shown by
(b) Area B. Beginning at the mean
dotted lines on the Five Mile River on
low water line about 700 feet down-
Chart No. 12368 (formerly C and GS
stream from the westerly end of the
Chart No. 221) issued by National Oce-
anic and Atmospheric Administration, New York, New Haven and Hartford
U.S. Department of Commerce. Railroad Bridge at latitude 410142,
longitude 733547; thence True east to
NOTE: Under an Act of the Connecticut latitude 410142, longitude 733545;
State Legislature the harbor superintendent, thence southeasterly to latitude
appointed by the Five Mile River Commis-
410123, longitude 733544; thence
sion, may control moorings and navigation
including preventing vessels from anchoring southwesterly to latitude 410104, lon-
in the Federal project channel. gitude 733552, thence southwesterly
to latitude 410102, longitude 733555;
[CGD 7644, 41 FR 40467, Sept. 20, 1976]
thence True west to a point on shore on
110.56 Noroton Harbor, Darien, the northerly side of Goose Island at
Conn. latitude 410102, longitude 733600;
thence True north to a point at the
(a) Beginning at a point on the south-
mean low water line at latitude
westerly side of Long Neck Point at
410105, longitude 733600; thence
along the mean low water line to the
thence northwesterly to latitude
410217, longitude 732911; thence in a point of beginning.
north-northwesterly direction to the NOTE: The areas are principally for use by
southeast side of Pratt Island at lati- yachts and other recreational craft. Tem-
tude 410228, longitude 732917; thence porary floats or buoys for marking anchors
following the shoreline around the eas- will be allowed. Fixed mooring piles or
terly and northerly sides of Pratt Is- stakes are prohibited. The anchoring of ves-
sels and placing of temporary moorings will
land, the westerly and northerly sides
be under the jurisdiction, and at the discre-
of Pratt Cove, and the westerly side of tion of the local Harbor Master. All moor-
the Darien River to the causeway and ings shall be so placed that no moored ves-
dam at Gorham Pond on the north; sels will extend into the waters beyond the
thence along the downstream side of limits of the areas or closer than 50 feet to
the causeway and dam to the easterly the Federal channel limits.
428
110.59 Eastern Long Island, NY. Spring Harbor Light and the Stone
(a) Huntington Harbor. Beginning on House on the end of Plum Point, Cen-
the shoreline at latitude 405419.5, lon- tre Island.
gitude 732607.9; thence to latitude (f) Harbor of Oyster Bay, Oyster Bay,
405419.5, longitude 732602.4; thence New York. The water area north of the
along the eastern shoreline to the Mill town of Oyster Bay enclosed by a line
Dam Road Bridge; thence along the beginning on the shoreline at latitude
downstream side of the bridge to the 405235.5 N., longitude 733217 W.;
westerly side of Huntington Harbor; thence to latitude 405259.5 N., lon-
thence along the western shoreline to gitude 733218 W.; thence to latitude
the point of beginning. 405300 N., longitude 733053 W.;
(b) Centerport Harbor. Beginning at thence to latitude 405239 N., lon-
the shoreline at latitude 405400 , longitude 733054 W.; thence to the shore-
gitude 732255.3; thence to latitude line at latitude 405225 N., longitude
405403.8, longitude 732252.1; thence 733118 W.; thence following the shore-
along the eastern shoreline to the Mill line to the point of beginning.
Dam Bridge; thence along the down- (g) Harbor of Oyster Bay, New York,
stream side of the bridge to the west- Moses Point to Brickyard Point. That
erly side of Centerport Harbor; thence portion of the waters of the Harbor of
along the western shoreline to the Oyster Bay enclosed by a line begin-
point of beginning. ning at Moses Point on Centre Island
(c) Northport Harbor. Beginning on at latitude 405311 N., longitude
the shoreline at latitude 405425 , lon- 733114 W.; thence to latitude 405302
gitude 732205 ; thence to latitude N., longitude 733122 W.; thence to
405437.5, longitude 732132.9; thence latitude 405302 N., longitude 733200
along the eastern shoreline to latitude W.; thence to Brickyard Point on Cen-
405333.1, longitude 722128.2; thence tre Island at 405306 N., longitude
to latitude 405325.8, longitude 733200 W.; thence following the shore-
732137.7; thence along the shoreline line to the point of beginning.
to the point of beginning.
NOTE: The anchoring of vessels and place-
NOTE: The areas designated by paragraphs ment of temporary moorings in anchorage
(a), (b), and (c) of this section are principally areas described in paragraph (g) of this sec-
for vessels used for a recreational purpose. A tion will be under the jurisdiction of the
vessel shall be anchored so that no part of local Harbormaster appointed in accordance
the vessel comes within 50 feet of the marked with Article 12 of the Village Ordinance of
channel. A temporary float or buoy for the Village of Centre Island, New York.
marking the location of the anchor of a ves-
sel at anchor may be used. Fixed mooring (h) Coecles Harbor at Shelter Island,
piles or stakes are prohibited. New York. That portion of Coecles Har-
bor bounded on the North by a line
(d) Cold Spring Harbor. That portion drawn between the northernmost point
of the waters of Cold Spring Harbor of land at Sungic Point and latitude
easterly of a line ranging from the cu- 410409 North, longitude 721754 West,
pola in the extreme inner harbor thence eastward along the shoreline to
through Cold Spring Harbor Light; the point of origin.
southerly of a line ranging from the (i) West Neck Harbor at Shelter Island,
southernmost point of an L-shaped pier New York. That portion of West Neck
off Wawepex Grove through the Clock Harbor bounded on the North by a line
Tower at Laurelton and northerly of a drawn between latitude 410248 North,
line ranging from the outer end of the longitude 722027 West and a point on
Socony Mobil Oil Companys pier at Shell Beach located at latitude 410229
Cold Spring Harbor through the Clock North, longitude 722059 West; thence
Tower at Laurelton, with the exception eastward along the shoreline to the
of an area within a 300-foot radius of point of origin.
the outer end of the Socony Mobil Oil
Companys pier. [USCG20080179, 73 FR 35009, June 19, 2008]
(e) Oyster Bay Harbor, New York. That
portion of Oyster Bay Harbor adjacent 110.60 Captain of the Port, New York.
to the easterly side of Centre Island, (a) Western Long Island Sound. (1)
westerly of a line on range with Cold Glen Island. All waters surrounding
429
110.60 33 CFR Ch. I (7112 Edition)
Glen Island bound by the following (8) Manhasset Bay, Plum Point. All
points: 405253.1 N, 0734658.9 W; waters bound by the following points:
thence to 405246.6 N, 0734702.7 W; 405002.9 N, 0734337.3 W; thence to
thence to 405301.3 N, 0734722.6 W; 404954.0 N, 0734314.9 W; thence to
thence to a line drawn from 405324.4 405006.6 N, 0734251.0 W; thence to
N, 0734656.7 W to 405320.6 N, 405018.6 N, 0734251.0 W; thence along
0734651.2 W, excluding all waters the shoreline to the point of origin; ex-
within 25 feet of the 50-foot channel cluding the seaplane restricted area de-
west and south of Glen Island. scribed in 162.
(2) Echo Bay. All waters northwest of (9) Manhasset Bay, Toms Point. All
a line drawn from 405410.0 N, waters bound by the following points:
0734552.9 W to 405425.0 N, 0734538.4 405020.6 N, 0734249.5 W; thence to
W. 405005.3 N, 0734249.4 W; thence to
404958.6 N, 0734239.0 W; thence to
NOTE TO PARAGRAPH (a)(2): An ordinance of
the Town of New Rochelle NY requires a per-
404948.9 N, 0734255.6 W; thence to
mit from the New Rochelle Harbor Master or 404949.3 N, 0734220.4 W; thence to
the New Rochelle Superintendent of Bureau 405002.5 N, 0734214.2 W; thence to
of Marinas, Docks and Harbors before any 405011.8 N, 0734215.4 W; thence along
mooring is placed in this special anchorage the shoreline to the point of origin.
area. (10) Manhasset Bay, at Port Wash-
(3) Glen Island, East. All waters east ington. All waters bound by the fol-
of Glen Island, bound by the following lowing points: 404944.9 N, 0734211.3
points: 405301.4 N, 0734651.4 W; W; thence to 404944.3 N, 0734303.2 W;
thence to 405303.1 N, 0734644.4 W; thence to 404906.8 N, 0734246.6 W;
thence to 405315.0 N, 0734644.0 W; thence along the shoreline to the point
thence along the shoreline to the point of origin.
of origin. (11) Manhasset Bay, West Shore. All
(4) City Island, Eastern Shore. All wa- waters bound by the following points:
ters bound by the following points: 404924.6 N, 0734340.2 W; thence to
405012.0 N, 0734657.3 W; thence to 404933.2 N, 0734328.3 W; thence to
405117.0 N, 0734649.9 W; thence to 404939.2 N, 0734357.9 W; thence along
405119.8 N, 0734651.3 W; thence to the shoreline to the point of origin.
405147.0 N, 0734702.5 W; thence to (12) Manhasset Bay, Plandome. All wa-
405128.5 N, 0734731.7 W; thence to ters bound by the following points:
405125.1 N, 0734729.9 W; thence along 404841.6 N, 07342.31.7 W; thence to
the shoreline to the point of origin, ex- 404843.6 N, 0734242.5 W; thence to
cluding the Cable and Pipeline Area be- 404829.0 N, 0734244.4 W; thence to
tween City and Hart Islands. 404827.3 N, 0734235.6 W; thence along
(5) City Island, Western Shore. All wa- the shoreline to the point of origin.
ters bound by the following points: (13) Elm Point. All waters bound by
405011.6 N, 0734658.4 W; thence to the following points: 404901.0 N,
405002.5 N, 0734723.3 W; thence to 0734541.9 W; thence to 404904.4 N,
405115.9 N, 0734728.6 W; thence along 0734528.3 W; thence to 404908.9 N,
the shoreline to the point of origin. 0734517.5 W; thence along the shore-
(6) Eastchester Bay, Western Shore. All line to the point of origin.
waters shoreward of a line connecting NOTE TO PARAGRAPH (a)(13): Temporary
floats or buoys for marking anchors in place
the following points: 404931.3 N,
are allowed. Fixed mooring piles or stakes
0734826.3 W; thence to 405056.4 N, are prohibited. An ordinance of the village of
0734849.2 W; thence to 405055.3 N, Kings Point regulates mooring and anchor-
0734855.4 W; thence along the shore- ing in the area which includes this special
line to the point of origin. anchorage area.
(7) Eastchester Bay, Locust Point. All (14) Little Neck Bay. All waters east of
waters west of a line drawn from a line drawn from 404739.4 N,
404856.3 N, 0734756.2 W to 404834.4 07346.27.1 W; thence to 404836.6 N,
N, 0734756.2 W. 0734558.5 W; thence to 404836.4 N,
430
07345.48.4 W; thence along the shore- 404711.2 N, 0735147.1 W; thence to

line to the point of origin. 404701.9 N, 0735139.6 W; thence to
(15) Hempstead Harbor, Mosquito Neck. 404628.3 N, 0735120.0 W; thence to
All waters bound by the following the point of origin.
points: 405143.0 N, 0733937.1 W; NOTE TO PARAGRAPHS (b)(5) AND (6): The an-
thence to 405109.4 N, 0733932.4 W; choring of vessels and placing of temporary
thence to 405114.6 N, 0733908.9 W; moorings in anchorage areas described in
thence to 405120.0 N, 0733856.1 W; paragraphs (b)(5) and (b)(6) of this section
will be under the jurisdiction, and at the dis-
thence along the shoreline and break-
cretion of the local Harbor Master appointed
water to the point of origin. by the City of New York.
(16) Hempstead Harbor, Sea Cliff. All (7) Bowery Bay. All waters bound by
waters bound by the following points: the following points: 404658.4 N,
405022.0 N, 0733910.2 W; thence along 0735334.2 W; thence to 404658.5 N,
the shoreline to the point of origin. 0735335.8 W; thence to 404657.1 N,
(b) East River and Flushing Bay. (l) 0735333.8 W; thence to 404655.9 N,
Flushing Bay, College Point North. All 0735335.2 W; thence to 404658.2 N,
waters bound by the following points: 0735339.0 W; thence to 404656.1 N,
404737.5 N, 0735113.4 W; thence to 0735341.4 W; thence along the shore-
404710.3 N, 0735134.0 W; thence to line and pier to the point of origin.
404709.1 N, 0735132.6 W; thence along (c) Hudson River. (1) Yonkers,
the shoreline to the point of origin. Greystone Station. All waters bound by
(2) Flushing Bay, College Point South. the following points: 405819.8 N,
All waters bound by the following 0735322.8 W; thence to 405821.1 N,
points: 404701.8 N, 0735129.2 W; 0735328.7 W; thence to 405842.7 N,
thence to 404701.8 N, 0735133.2 W; 0735320.3 W; thence to 405841.8 N,
thence to 404631.7 N, 0735115.9 W; 0735315.4 W; thence along the shore-
thence to 404646.1 N, 0735058.6 W; line to the point of origin.
thence along the shoreline to the point (2) Yonkers, North Glenwood. All wa-
of origin. ters bound by the following points:
(3) Flushing Bay, Cape Ruth. All wa- 405726.8 N, 0735346.6 W; thence to
ters bound by the following points: 405727.3 N, 0735348.8 W; thence to
404629.2 N, 0735114.3 W; thence to 405753.6 N, 0735328.6 W; thence along
404612.3 N, 0735104.3 W; thence to the shoreline to the point of origin.
404615.2 N, 0735055.2 W; thence along (3) Nyack. That portion of the Hudson
the shoreline to the point of origin. River bound by the following points:
(4) Flushing Bay, Southeast Area. All 410606.8 N, 0735455.5 W; thence to
waters south of a line drawn from 410606.8 N, 0735418.0 W; thence to
404541.4 N, 0735057.2 W to 404551.7 410500.0 N, 0735418.0 W; thence to
N, 0735034.2 W. 410500.0 N, 0735502.2 W; thence along
(5) Flushing Bay, Southwest Area. All the shoreline to the point of origin
waters bound by the following points: (NAD 1983), excluding a fairway in the
404536.7 N, 0735116.3 W; thence to charted cable area that is marked with
404548.5 N, 0735058.4 W; thence to buoys.
404551.3 N, 0735059.2 W; thence to NOTE TO PARAGRAPH (c)(3): The area is prin-
404549.4 N, 0735107.5 W; thence to cipally for use by yachts and other rec-
404558.7 N, 0735113.4 W; thence to reational craft. A mooring buoy is per-
404602.1 N, 0735120.1 W; thence to mitted.
404554.8 N, 0735128.7 W; thence to (4) Manhattan, Fort Washington Point.
404546.2 N, 0735135.3 W; thence All waters bound by the following
northward along the shoreline and points: 405108.1 N, 0735636.7 W;
breakwater to the point of origin. thence to 405109.4 N, 0735640.9 W;
(6) Flushing Bay, West Area. All wa- thence to 405208.3 N, 0735556.6 W;
ters bound by the following points: thence along the shoreline to the point
404651.1 N, 0735207.3 W; thence to of origin.
431
110.60 33 CFR Ch. I (7112 Edition)
(5) Yonkers, Main Street. All waters 0734528.3 W; thence to 423249.2 N,

bound by the following points 405615.4 0734526.6 W; thence to 423249.3 N,
N, 0735411.2 W; thence to 405616.7 N, 0734531.1 W; thence along the shore-
0735420.2 W; thence to 405608.9 N, line to the point of origin.
0735422.6 W; thence to 405607.9 N, (d) New York Harbor. (1) Newark Bay,
0735416.9 W; thence to 405607.0 N, Southeast. All waters bound by the fol-
0735417.3 W. lowing points: 403927.9 N, 0740807.1
(6) Yonkers, JFK Marina. All waters W; thence to 403931.7 N, 0740813.4 W;
bound by the following points: thence to 403931.4 N, 0740824.6 W;
405728.5 N, 0735346.0 W; thence to thence to 403952.4 N, 0740811.7 W;
405730.5 N, 0735356.8 W; thence to thence to 403947.8 N, 0740759.4 W;
405707.5 N, 0735406.2 W; thence to thence along the shoreline to the point
405706.0 N, 0735359.5 W; thence along of origin.
the shoreline to the point of origin. (2) Newark Bay, Southwest. All waters
NOTE TO PARAGRAPHS (c)(5) AND (6): The bound by the following points:
areas designated by paragraphs (c)(5) and
(c)(6) are limited to vessels no greater than 403852.1 N, 0740941.1 W; thence to
20 meters in length and is primarily for use 403851.6 N, 0741018.2 W; thence to
by recreational craft on a seasonal or tran- 403851.0 N, 0741036.5 W; thence to
sient basis. These regulations do not prohibit 403916.8 N, 0740956.3 W; thence to
the placement of moorings within the an- 403916.2 N, 0740936.9 W; thence to
chorage area, but requests for the placement the point of origin, excluding there-
of moorings should be directed to the local from the Pipe Line Area.
government to ensure compliance with local
and state laws. All moorings shall be so (3) Great Kills Harbor. All waters
placed that no vessel, when anchored, will at northeast of a line connecting the fol-
any time extend beyond the limits of the lowing points: 403206.4 N, 0740824.5
area. Fixed mooring piles or stakes are pro- W; thence to 403206.9 N, 0740825.8 W;
hibited. Mariners are encouraged to contact thence to 403219.0 N, 0740821.1 W;
the local harbormaster for any additional or- thence to 403228.1 N, 0740824.3 W;
dinances and to ensure compliance with ad-
thence to 403240.3 N, 0740808.4 W;
ditional applicable state and local laws.
thence to 403245.2 N, 0740811.4 W;
(7) Hastings-on-Hudson. All waters
thence along the northern and eastern
bound by the following points:
405956.0 N, 0735305.4 W; thence to shoreline to the point of origin.
405956.3 N, 0735309.6 W; thence to NOTE TO PARAGRAPH (d)(3): The special an-
chorage area is principally for use by yachts
410005.1 N, 0735309.2 W; thence to
and other recreational craft. A temporary
410014.7 N, 0735306.4 W; thence to float or buoy for marking the location of the
410014.5 N, 0735300.5 W; thence along anchor of a vessel at anchor may be used.
the shoreline to the point of origin. Fixed mooring piles or stakes are prohibited.
(8) Tarrytown. All waters bound by Vessels shall be anchored so that no part of
the following points: 410421.0 N, the vessel comes within 50 feet of the marked
0735203.4 W; thence to 410421.0 N, channel.
0735211.3 W; thence to 410413.6 N, (4) Jamaica Bay, Canarsie Beach. All
0735211.0 W; thence to 410413.6 N, waters bound by the following points:
0735200.5 W; thence along the shore- 403722.0 N, 0735343.5 W; thence to
line to the point of origin. 403718.4 N, 0735332.9 W; thence to
(9) West Point. All waters west of a 403737.6 N, 0735306.5 W; thence to
line drawn from 412310.0 N, 0735718.1 403742.9 N, 0735314.4 W; thence along
W to 412323.5 N, 0735711.5 W. the shoreline to the point of origin.
(10) Haverstraw. That portion of the (5) Jamaica Bay, East Broad Channel.
Hudson River bound by the following All waters bound by the following
points: 411125.2 N, 0735719.9 W; points: 403548.5 N, 0734912.5 W;
thence to 411131.8 N, 0735726.5 W; thence along the shoreline to the point
thence to 411130.8 N, 0735724.9 W; of origin.
thence to the point of origin. NOTE TO PARAGRAPH (d)(5): The area will be
(11) Cedar Hill. All waters bound by principally for use by yachts and other rec-
the following points: 423233.1 N, reational craft. Temporary floats or buoys
0734533.1 W; thence to 423233.1 N, for marking anchors will be allowed.
432
Coast Guard, DHS 110.70a
(6) Sheepshead Bay, West. All waters or stakes are prohibited seaward of the
bound by the following points: pier head line. Mariners are encouraged
403500.0 N, 0735654.8 W; thence to to contact the Raritan Yacht Club
403458.9 N, 0735709.6 W; thence to Fleet Captain for any additional ordi-
403456.6 N, 0735709.1 W; thence to nances or laws and to ensure compli-
403457.5 N, 0735654.4 W; thence to ance with additional applicable State
the point of origin. and local laws.
(7) Sheepshead Bay, North. All waters (ii) [Reserved]
bound by the following points: (e) Datum. All positions are NAD 1983.
403458.5 N, 0735600.5 W; thence to [USCG20080179, 73 FR 35010, June 19, 2008, as
403458.6 N, 0735626.0 W; thence to amended by USCG20080047, 74 FR 46010,
403456.6 N, 0735626.8 W; thence to Sept. 8, 2009; USCG20100351, 75 FR 36282,
403454.8 N, 0735624.8 W; thence to June 25, 2010]
403455.4 N, 0735610.1 W; thence to
403457.9 N, 0735600.5 W; thence to 110.65 Indian River Bay, Del.
the point of origin. Beginning at a point bearing 174, 300
(8) Sheepshead Bay, South. All waters feet, from a point on the southerly
bound by the following points: edge of the project channel 5,500 feet
403454.2 N, 0735601.8 W; thence to westerly from the State highway
403453.6 N, 0735627.2 W; thence to bridge across Indian River Inlet; thence
403455.8 N, 0735643.6 W; thence to 174, 600 feet; thence 264, 800 feet;
403454.5 N, 0735643.6 W; thence to thence 354, 600 feet; and thence 84, 800
403452.0 N, 0735634.0 W; thence to feet, to the point of beginning.
403453.1 N, 0735601.6 W; thence to
the point of origin. 110.67 Delaware River, Essington,
(9) Lower Bay, Point Comfort. All wa- Pa.
ters bound by the following points: North of Little Tinicum Island, be-
402718.5 N, 0740824.5 W; thence to tween the mouth of Darby Creek and
402737.4 N, 0740851.8 W; thence to Jansen Avenue, Essington, bounded as
402751.4 N, 0740831.9 W; thence to follows: Beginning at a point (approxi-
402749.7 N, 0740744.9 W; thence to mately latitude 395131, longitude
402715.3 N, 0740745.7 W; thence along 751743) on a line in prolongation of
the shoreline to the point of origin. the westerly line of Jansen Avenue 135
(10) Perth Amboy, NJ. All waters yards southerly from the mean high
bound by the following points: water line; thence 184, 300 yards;
403026.00 N, 0741542.00 W; thence to thence 27430, 1,700 yards; thence 04,
403024.29 N, 0741535.20 W; thence to 425 yards; thence 100, 1,225 yards; and
403002.79 N, 0741544.16 W; thence to thence 95, 490 yards, to the point of be-
402935.70 N, 0741608.88 W; thence to ginning.
402931.00 N, 0741620.75 W; thence to
402947.26 N, 0741649.82 W; thence to 110.70 Chesapeake and Delaware
403002.00 N, 0741641.00 W, thence Canal, easterly of Courthouse Point,
along the shoreline to the point of ori- Md.
gin. The waters southerly of a line joining
(i) This area is limited to vessels no the northernmost extremity of Court-
greater than 20 meters in length and is house Point and the westernmost point
primarily for use by recreational craft of Herring Island; westerly of a line
on a seasonal or transient basis. These bearing 180 from a point on the afore-
regulations do not prohibit the place- said line 220 yards from the western-
ment of moorings within the anchorage most point of Herring Island; and
area, but requests for the placement of northerly and easterly of the shoreline.
moorings should be directed to the
Raritan Yacht Club Fleet Captain 110.70a Northeast River, North East,
(telephone 7328262277 or VHF Channel Md.
9) to ensure compliance with local and The water area west of North East
State laws. All moorings shall be so Heights, Maryland enclosed by a line
placed that no vessel, when anchored, beginning on the shoreline at latitude
will at any time extend beyond the 393426 N., longitude 755718 W.;
limits of the area. Fixed mooring piles thence westerly to latitude 393426 N.,
433
110.71 33 CFR Ch. I (7112 Edition)
longitude 755729 W.; thence north- 100 feet from and parallel to the shore
easterly to latitude 393430 N., lon- of the creek to its intersection with
gitude 755727 W.; thence easterly to the south property line extended of the
the shoreline at latitude 393430 N., Potapskut Sailing Association, Inc.,
longitude 755718 W.; thence southerly thence northwesterly along the said
following the shoreline to the point of property line extended to the shore.
beginning.
110.72a Chester River, southeast of
[CGD 73189R, 39 FR 5314, Feb. 12, 1974] Chestertown, Md.
110.71 Jacobs Nose Cove, Elk River, The waters of the Chester River en-
Md. closed by a line beginning at a point on
The water area of Jacobs Nose Cove, the Rolph Marina pier at latitude
on the west side of the mouth of Elk 391025 N., longitude 760217 W.;
River, Maryland, comprising the entire thence 327 to a point 400 feet south-
cove south of Jacobs Nose as defined by west of the entrance to Hambleton
the shoreline and a line bearing 046 Creek at latitude 391055 N., longitude
226 true across the entrance of the 760240 W.; thence northeasterly to the
cove tangent to the shore on both the eastern side of the entrance to
north and south sides. Hambleton Creek; thence southerly fol-
lowing the shoreline to the Rolph
[CGD 77143, 44 FR 18663, Mar. 29, 1979] Point Marina pier; thence southwest-
erly along the Rolph Point Marina pier
110.71a Cabin Creek, Grasonville, to the point of beginning.
Md.
[CGD 7310R, 38 FR 33973, Dec. 10, 1973]
The waters of Cabin Creek, Mary-
land, enclosed by a line drawn from 110.72aa Elizabeth River Spectator
latitude 385634 N., longitude 761249 Vessel Anchorage Areas, between
W., on the western shore to latitude Norfolk and Portsmouth, Virginia.
385628 N., longitude 761229 W., on
(a) Special Anchorage Areas. (1) The
the eastern shore; thence following the
waters of the Elizabeth River bounded
general line of the shore to the point of
by the shore and a line drawn between
beginning.
Hospital Point at latitude Latitude
[CGD 78026, 44 FR 6910, Feb. 5, 1979] 365050.5 North, longitude 761809.0
West, and the tip of the channelside
110.71b Wye River, Wye, Md. pier at the Holiday Inn Marina at lati-
The waters of a cove on the western tude 365029.5 North, longitude
shore of Wye River opposite Drum 761752.5 West.
Point enclosed by a line drawn from (2) The waters of the Elizabeth River
latitude 385317 N., longitude 761123 adjacent to the Port Norfolk Reach
W., to latitude 385318 N., longitude section of the Elizabeth River, bounded
761123 W., to latitude 385318 N., lon- by the shore and a line drawn between
gitude 761113 W.; thence following the Hospital Point at latitude 365050.55
shoreline to the point of beginning. North, longitude 761814.509.0 West,
and the tip of the southern most rail-
[CGD 78026, 44 FR 6910, Feb. 5, 1979]
road pier at Port Norfolk at latitude
110.72 Blackhole Creek, Md. 365114.5 North, longitude 761844.0
West.
The waters on the west side of (b) Effective period. These special an-
Blackhole Creek, a tributary of Mag- chorage areas in paragraph (a) of this
othy River, southwest of a line bearing section are only in effect when the reg-
31030 from the most northerly tip of ulations in 100.501 of this title are in
an unnamed island located 0.16 mile up- effect.
stream from the mouth of the creek ap-
proximately 660 feet to the west shore [CGD058812, 53 FR 20320, June 3, 1988]
of the creek; northwest of a line rang-
ing from the southwesterly tip of the 110.72b St. Simons Island, Georgia.
island toward the point of land on the The area beginning at a point south-
west shore of the creek immediately west of Frederica River Bridge, St. Si-
southwest thereof; and north of a line mons Island Causeway at latitude
434
Coast Guard, DHS 110.73c
310958 N., longitude 812455 W.; 110.73a Indian River at Sebastian,

thence southwesterly to latitude Fla.
310942 N., longitude 812510 W.; Beginning at a point on the shoreline
thence westerly to the shoreline at at latitude 274940 N., longitude
latitude 310945 N., longitude 812520 802826 W.; thence 060 to latitude
W.; thence northeasterly along the 274946 N., longitude 802813 W.;
shoreline to latitude 311002 N., lon- thence 156 to latitude 274931 N., lon-
gitude 812500 W.; thence southeast- gitude 802805 W.; thence 242 to lati-
erly to the point of origin. tude 274925 N., longitude 802818 W.;
[CGD 7647, 42 FR 40694, Aug. 11, 1977]
the point of beginning.
110.72c Lake Murray, S.C. NOTE: This area is principally for use by
commercial fishing vessels less than 65 feet
(a) The area beginning at the 125 foot
in length.
pier of the Columbia Sailing Club, ap-
proximately latitude 340351 N., lon- [CGD 74104, 40 FR 2689, Jan. 15, 1975]
gitude 811337 W.; thence 167 to lati-
110.73b Indian River at Vero Beach,
tude 340343.6 N., longitude 811339.2 Fla.
W.; thence easterly to latitude 340345
N., longitude 811332.1 W.; thence 347 (a) Area A. Beginning at a point lo-
to the shoreline, thence along the cated on the eastern shore of Fritz Is.
shoreline to the beginning. at latitude 273932.5 N., longitude
802220.6 W. following the shoreline
[CGD 77189, 43 FR 14470, Apr. 6, 1978] northward to the northwest point at
latitude 273946 N., longitude
110.72d Ashley River, SC. 802225.9 W., thence due east to a point
All waters on the southwest portion on Orchid Is. at approximately latitude
of the Ashley River encompassed with- 273946 N., longitude 802216.2 W.,
in the following points: beginning at thence southerly along the shoreline of
324642.7 N, 795719.3 W; thence south- Orchid Is. to latitude 273932.5 N., lon-
west to 324638.0 N, 795724.0 W; thence gitude 802213.4 W., thence due west to
southeast to 324632.0 N, 795715.5 W; the point of beginning.
thence southeast to 324629.0 N, (b) Area B. Beginning at a point lo-
795700.9 W; thence back to origin fol- cated at the entrance channel marker
lowing the southwest boundary of the No. 2 at latitude 273912 N., longitude
Ashley River Channel. All coordinates 802217.3 W., thence northeasterly to
are North American Datum 1983. channel marker No. 4 at latitude
273921 N., longitude 802215.8 W.,
[USCG20080852, 76 FR 21636, April 18, 2011] thence due east to Orchid Is. at ap-
proximately latitude 273921 N., lon-
110.73 St. Johns River, Fla. gitude 802211.8 W., thence southerly
(a) Area A. The waters lying within along the western shoreline of Orchid
an area bounded by a line beginning at Is. to latitude 273912 N., longitude
a point located at the west bank of St. 802215.6 W., thence due west to the
Johns River at latitude 301511, lon- point of beginning.
gitude 814123; thence to latitude (c) Vessels shall be so anchored so
301513, longitude 814114; thence to that no part of the vessel obstructs the
latitude 301503, longitude 814111; turning basin or channels adjacent to
thence to latitude 301504, longitude the special anchorage areas.
814120; and thence to the point of be- [CGD78440, 51 FR 395, Jan. 6, 1986]
ginning.
(b) Area B. The waters lying within 110.73c Okeechobee Waterway, St.
an area bounded by a line beginning at Lucie River, Stuart, FL.
latitude 301503, longitude 814128; The following is a special anchorage
thence to latitude 301502, longitude area: Beginning on the Okeechobee In-
814110; thence to latitude 301456, tracoastal Waterway between mile
longitude 814108; thence to latitude marker 7 and 8 on the St. Lucie River,
301454.5, longitude 814110.5; and bounded by a line beginning at
thence to the point of beginning. 271206.583 N, 801533.447 W; thence to
435
110.74 33 CFR Ch. I (7112 Edition)
271207.811 N, 801538.861 W; thence to gitude 822527.8 W.; thence southeast-

271204.584 N, 801541.437 W; thence to erly to latitude 274645.6 N., longitude
271149.005 N, 801544.796 W; thence to 822523.2 W.; thence southwesterly to
271147.99 N, 801544.78 W; thence to latitude 274635.8 N., longitude
271142.51 N, 801549.36 W; thence to 822534.8 W., thence northwesterly to
271141.40 N, 801547.70 W; thence to latitude 274639.9 N., longitude
271140.44 N, 801544.64 W; thence to 822539.6 W., thence to the point of be-
271143.49 N, 801540.74 W; thence to ginning.
271146.82 N, 801537.9647 W; thence to [CGD 78003, 45 FR 79031, Nov. 28, 1980]
271147.881 N, 801538.271 W; thence
back to the original point. All coordi- 110.74c Bahia de San Juan, PR.
nates reference Datum NAD:83.
The waters of San Antonio Channel,
NOTE: This area is principally used by rec- Bahia de San Juan, eastward of lon-
reational vessels. The mooring of vessels in gitude 660545 W.
this area is administered by the local
Harbormaster, City of Stuart, Florida. [CGD 78329, 49 FR 48540, Dec. 13, 1984]
[CGD0799058, 65 FR 2877, Jan. 19, 2000, as 110.75 Corpus Christi Bay, Tex.
amended by CGD0703110, 69 FR 5275, Feb. 4,
2004] (a) South area. Southward of the
southernmost T-head pier at the foot of
110.74 Marco Island, Marco River, Cooper Avenue and of a line bearing
Fla. 15644, 340.6 feet, from the southerly
Beginning at a point approximately corner of said pier to a point on the
300 feet east of the Captains Landing rubble breakwater; westward and
Docks at latitude 255804 N., longitude northward of said breakwater; and
814331 W.; thence 108, 450 feet; thence eastward of the Corpus Christi sea
198, 900 feet; thence 288, 450 feet; wall.
thence 018, 900 feet to the point of be-
ginning. 110.77 Amistad Reservoir, Tex.
NOTE: The area is principally for use by (a) Diablo East, Tex. That portion of
yachts and other recreational craft. Fore and the Amistad Reservoir enclosed by a
aft moorings will be allowed. Temporary line connecting the following points,
floats or buoys for marking anchors in place excluding a 300-foot-wide fairway ex-
will be allowed. Fixed mooring piles or tending northerly from the launching
stakes are prohibited. All moorings shall be ramp as established by the Super-
so placed that no vessel, when anchored, intendent of Amistad Recreation Area:
shall at any time extend beyond the limits of
the area. a 292854 N. 1010110 W.
b 292821 N. 1010108 W.
[CGFR 7053A, 35 FR 14506, Sept. 16, 1970] c 292834 N. 1010032 W.
d 292854 N. 1010032 W.
110.74a Manatee River, Bradenton,
Fla. (b) Rough Canyon, Tex. That portion
of the Amistad Reservoir enclosed by a
The waters of the Manatee River en-
line connecting the following points,
closed by a line beginning at latitude
excluding a 300-foot-wide fairway ex-
273118.6 N. longitude 823649.2 W.;
tending westerly from the launching
thence westerly to latitude 273121 N.,
ramp to the Devils River main channel
longitude 82377.2 W.; thence north-
as established by the Superintendent of
westerly to latitude 273122.2 N., lon-
Amistad Recreation Area:
gitude 82378.4 W.; thence northeast-
erly to latitude 273125.8 N., longitude a 293443 N. 1005854 W.
b 293405 N. 1005846 W.
823700 W.; thence easterly to latitude c 293416 N. 1005820 W.
273124 N., longitude 823644.4 W.; d 293427 N. 1005811 W.
thence to the point of beginning. e 293427 N. 1005836 W.
f 293452 N. 1005835 W.
[CGD 79118, 45 FR 32673, May 19, 1980]
(c) Laughlin Air Force Base Site, Tex.
110.74b Apollo Beach, Fla. That portion of Amistad Reservoir en-
Beginning at a point approximately closed by a line connecting the fol-
300 feet south of the Tampa Sailing lowing points:
Squadron at latitude 274650.2 N., lon- a 292829 N. 1010226 W.
436
Coast Guard, DHS 110.79b
b 292813 N. 1010203 W. of 18th Avenue extended, using that

c 292830 N. 1010145 W. portion of 18th Avenue that runs in a
d 292842 N. 1010200 W. true north-south direction perpen-
NOTE: The areas will be principally for use dicular to Utah Street; thence north
by yachts and other recreational craft. The 530 feet along this line of 18th Avenue
anchoring of vessels and the placing of tem- extended to a point approximately 400
porary moorings will be under the jurisdic- feet from the shoreline; thence north-
tion and at the discretion of the Super- westerly 2,350 feet along a line parallel
intendent, Amistad Recreation Area. to the northern edge of the channel to
[CGFR 7012, 35 FR 3807, Feb. 27, 1970] the point of beginning.
NOTE: An ordinance of the City of Sturgeon
110.77a Duluth-Superior Harbor, Du- Bay, Wisconsin, requires moorings to be ap-
luth, Minn. proved by the Harbor Master of the City of
The area adjacent to Park Point in Sturgeon Bay and provides for other regula-
Duluth-Superior Harbor within the fol- tion of the use of vessels and moorings in
lowing boundaries: beginning at lati- this area.
tude 464519.3 N., longitude 9204 43 [CGFR 7015A, 35 FR 8823, June 6, 1970, as
W.; thence to latitude 464511.7 N., lon- amended by CGFR 7086A, 35 FR 18374, Dec. 3,
gitude 920501 W.; thence to latitude 1970; CGD9 9229, 58 FR 9543, Feb. 22, 1993]
464421.2 N., longitude 920415.7 W.;
110.79a Neenah Harbor, Neenah, Wis.
gitude 920357.5 W.; thence to the (a) Area 1. The area of Neenah Harbor
point of beginning. south of the main shipping channel
within the following boundary: A line
[CGD 79170, 45 FR 32673, May 19, 1980] beginning at a point bearing 117.5,
1,050 feet from the point where the
110.77b Madeline Island, Wisconsin.
southeasterly side of the First Street/
The waters off of La Pointe Harbor, Oak Street Bridge crosses the south
Madeline Island, Wisconsin, encom- shoreline of the river; thence 254, 162
passed by the following: starting at feet; thence 146, 462 feet; 164, 138 feet;
464644.8 N, 0904714.0 W; then south 123, 367 feet; 068, 400 feet; 044, 400 feet;
southwesterly to 464635.5 N, thence 320, 107 feet; thence 283, 1,054
0904717.0 W; then south southeasterly feet to the point of beginning.
to 464627 N, 0904712.8 W; then east (b) Area 2. Commencing at a point
southeasterly to 464622.6 N, where the west line of Second Street
0904658.8 W; then following the shore- extended meets the north edge of the
line back to the starting point (NAD harbor, thence south to intersect the
83). north edge of the channel at latitude
[CGD0903284, 69 FR 32445, June 10, 2004] 441104.2 North, longitude 882713.2
West, thence northwesterly to a point
110.78 Sturgeon Bay, Sturgeon Bay, at latitude 441106.3 North, longitude
Wis. 882716.4 West, thence north to the
(a) Area 1. Beginning at a point bear- easterly end of the Neenah Dam Spill-
ing 126, 3,000 feet from the fixed green way.
Sturgeon Bay Canal Leading Light NOTE: An ordinance of the City of Neenah,
mounted on the highway bridge; thence Wis., requires approval of the Neenah Police
120, 1,200 feet, this line being parallel Department for the location and type of indi-
to and 150 feet from the channel edge; vidual moorings placed in this special an-
thence 222, 500 feet; thence 300, 1,200 chorage area.
feet; thence 042, 500 feet to the point of [CGD9 85017, 50 FR 49844, Dec. 5, 1985]
beginning.
(b) Area 2. Beginning at a point 160 110.79b Millers Bay, Lake Winne-
feet from the shoreline and on the east bago, Oshkosh, WI
line of 15th Avenue extended; thence The area adjacent to Menominee
south 530 feet to a point 100 feet from Park in Millers Bay within the fol-
the northern edge of the channel; lowing boundaries: beginning at lati-
thence southeasterly 2,350 feet along a tude 440147 N., longitude 883105 W.;
line parallel to the northern edge of thence to latitude 440146 N., lon-
the channel to a point on the east line gitude 883100 W.; thence to latitude
437
110.79c 33 CFR Ch. I (7112 Edition)
440134 N., longitude 883104 W.; tion and type of moorings placed in these
thence to latitude 440136 N., lon- special anchorage areas.
gitude 883108 W.; thence to point of [CGD 7348R, 39 FR 12007, Apr. 2, 1974]
beginning.
110.80a Lake Macatawa, Mich.
[CGD 098001, 47 FR 18333, Apr. 29, 1982]
An area located on the south side of
110.79c Fish Creek Harbor, Fish Lake Macatawa near the entrance to
Creek, Wisconsin. Lake Michigan, shoreward (south) of a
line commencing offshore of Macatawa
The area within the following bound- Park at a point 960 feet S 156 E from
aries: Beginning at latitude 450758 N., the light on the south pier at the en-
longitude 871441 W.; thence to lati- trance to the Lake, and extending 1,550
tude 450758 N., longitude 871435 W.; feet N 82 E toward the northwest cor-
thence to latitude 450750 N., lon- ner of the Macatawa Bay Yacht Club
gitude 871430 W.; thence to latitude pier.
450747 N., longitude 871438 W.;
thence to the point of beginning. 110.80b Marquette Harbor, Mar-
quette, Mich.
[CGD 098204, 48 FR 11268, Mar. 14, 1983]
The area within Marquette Harbor
beginning at latitude 463238 N., lon-
110.80 Milwaukee Harbor, Mil-
waukee, Wis. gitude 872246 W.; thence to latitude
463237 N., longitude 872254 W.;
(a) McKinley Park. The water area thence to latitude 463233 N., lon-
east of McKinley Park enclosed by a gitude 872254 W.; thence to latitude
line beginning at McKinley Park Jetty 463233 N., longitude 872246 W.,
Light; thence 090, 500 feet to a point thence to point of origin.
on the breakwater; thence northerly
NOTE: An ordinance of the City of Mar-
and northwesterly following the break- quette authorizes the Harbormaster to direct
water, piers, jetty and natural shore- the location and length of time any
line to the point of beginning. watercraft may anchor in this area.
(b) South Shore Park. The water area [CGD 79018, 44 FR 50040, Aug. 27, 1979]
northeast of South Shore Park en-
closed by a line beginning at the north- 110.81 Muskegon Lake, Mich.
east corner of the jetty at latitude (a) Muskegon Lake West. The waters
430007.5 N., longitude 875308 W.; of the southwest side of Muskegon
thence to latitude 430005 N., lon- Lake enclosed by a line beginning at
gitude 875301 W.; thence to latitude latitude 431324 N., longitude
425955 N., longitude 875253 W.; 861918.5 W.; thence 145T to latitude
thence to latitude 425940 N., lon- 431307.5 N., longitude 861902.5 W.;
gitude 875233.5 W.; thence to a point thence 230T to latitude 431304 N.,
of the shoreline at latitude 425934 N., longitude 861908.5 W.; thence along
longitude 875243.5 W.; thence fol- the shoreline to the point of origin.
lowing the shoreline to the point of be- (b) Muskegon Lake East. The waters of
ginning. the southeast side of Muskegon Lake
(c) Bay View Park. The water area enclosed by a line beginning at latitude
east of Bay View Park enclosed by a 431404 N., longitude 861547 W.;
line beginning on the shoreline at lati- thence 277T to latitude 431406.5 N.,
tude 425928.5 N., longitude 875235 longitude 861627 W.; thence 205T to
W.; thence to latitude 425935.5 N., the shore; thence along the shoreline
longitude 875227 W.; thence to lati- to the point of origin.
tude 425908 N., longitude 875137 W.; NOTE: Administration of the Special An-
thence to a point on the shoreline at chorage Area is exercised by the City of Mus-
latitude 425859 N., longitude 875146 kegon pursuant to local ordinances.
W.; thence following the shoreline to [CGD 79171, 46 FR 48195, Oct. 1, 1981]
110.81a Lake Betsie, Frankfort, MI.
NOTE: An ordinance of the City of Mil-
waukee, Wisconsin requires the approval of The area within the following bound-
the Milwaukee Harbor Master for the loca- aries:
438
Beginning at latitude 443747 North, lon- on the harbor line; thence North along
gitude 861352.5 West; thence to latitude a straight line parallel to said harbor
443751.4 North, longitude 861349 West; line and bulkhead, 1,705 feet to a point
thence to latitude 443746.4 North, longitude
861337.8 West; then to latitude 443744.8
that is 100 feet East of said harbor line
North, longitude 861344.2 West; thence to and 150 feet East of the Grant Park
point of beginning. bulkhead; thence East at a right angle,
150 feet; thence North at a right angle,
[CGD 098206, 48 FR 33263, July 21, 1983]
parallel to the first described line,
110.82 Charlevoix Harbor, Mich. passing 100 feet East of the Chicago
Yacht Club bulkhead, 440 feet; thence
The waters on the north side of Northeasterly 850 feet to a point 1,070
Round Lake northward of a line begin- feet East of the aforesaid Grant Park
ning at a point approximately 200 feet bulkhead; thence Southeasterly 740
south of the north shore bearing 60, 280 feet to a point 1,600 feet East of said
feet, from the northeast corner of the harbor line; thence Southerly 1,960 feet
Charlevoix Municipal Wharf, and bear- to a point approximately 1,555 feet East
ing thence 92, 400 feet, thence 129, of said harbor line and about 1,560 feet
1,160 feet, and thence 110 to the west- East of said Grant Park bulkhead;
erly end of the southwest side of Park thence Southwesterly 295 feet to a
Island. point 1,180 feet due East, in a direction
110.82a Little Traverse Bay, Lake perpendicular to the West line hereof,
Michigan, Harbor Springs, Mich. from the point of beginning; and thence
West to the point of beginning.
(a) Area 1. Beginning at latitude
(b) Grant Park North-B. Beginning at
452542.2 N., Longitude 84597.5 W.;
a point 145 feet North of the North line
of the Chicago Yacht Club bulkhead, as
gitude 845909 W.; thence to latitude
constructed in 1927, and 320 feet East of
452535 N., longitude 845907 W.;
the harbor line approved by the De-
thence to latitude 452535 N., lon-
partment of the Army on August 3,
1940, along the West side of the harbor,
452542.2 N., longitude 845856.5 W.,
said Chicago Yacht Club bulkhead ex-
tends due East, perpendicular to the
(b) Area 2. Beginning at latitude
Grant Park bulkheads overall align-
452542.2 N., longitude 845854 W.;
ment between its North and South
thence to latitude 452535 N., lon-
ends, said bulkhead runs parallel to the
aforesaid harbor line and is approxi-
452535 N., longitude 845824.8 W.;
mately 800 feet South of the South face
of the former Naval Armory Dock, said
point is 20 feet East of the East face of
452542.2 N., longitude 845839 W.,
the Chicago Park District jetty; thence
North parallel to said jetty, 230 feet to
[CGD 098502, 50 FR 24194, June 10, 1985] a point 20 feet South of the South face
of the Lake Shore Drive bulkhead, said
110.83 Chicago Harbor, Ill. bulkhead runs Easterly and Westerly
(a) Grant Park North-A. Beginning at in a curved direction; thence Easterly
a point 2,120 feet South of the intersec- along a line parallel to said curved
tion of the North line of the Chicago bulkhead to a point 20 feet Southwest
Yacht Club bulkhead, as constructed in and perpendicular to a line extended
1927, and the harbor line approved by along the Southwest side of the Colum-
the Department of the Army on August bia Yacht Club pier to said curved
3, 1940, along the West side of the har- bulkhead; thence Southeasterly par-
bor, said harbor line runs parallel to allel to said extended line, 160 feet;
the overall alignment of said Grant thence Southwesterly to the point of
Park bulkhead between its North and beginning.
South ends, said intersection is ap- (c) Grant Park North-C. Beginning at
proximately 800 feet South of the a point 970 feet North of the North line
South face of the former Naval Armory of the Chicago Yacht Club bulkhead, as
Dock, and 100 feet East of said bulk- constructed in 1927, which extends due
head, that point being approximately East and perpendicular from the harbor
439
line approved by the Department of the aforesaid Chicago Yacht Club bulk-
Army on August 3, 1940, said Chicago head; and thence North 2,350 feet of the
Yacht Club bulkhead line is approxi- point of beginning.
mately 800 feet South of the South face NOTE: The Chicago Park District controls
of the former Naval Armory Dock, and the location and type of any moorings placed
1,170 feet East of said harbor line, said in the special anchorage areas in this sec-
point of beginning is 20 feet East of the tion.
East face of the Columbia Yacht Club [CGD098302, 50 FR 27581, July 5, 1985]
pier and 20 feet South of the South face
of a breakwater, which runs in a East 110.83a Cedar Point, Sandusky, Ohio.
and West direction; thence East along The water area enclosed by the break
a line parallel to the South face of said wall beginning at latitude 412813 N.,
East-West breakwater, 540 feet to a longitude 824039 W.; thence along the
point 20 feet West of the West face of a break wall to latitude 412821 N., lon-
breakwater, which runs in a North and gitude 824053 W.; thence along a
South direction; thence South along a straight line southwesterly to latitude
line parallel to the West face of said 412820 N., longitude 824055 W.;
North-South breakwater, approxi- thence along the break wall to latitude
mately 965 feet; thence Northwesterly 412833 N., longitude 824058 W.;
to a point 20 feet Southeast and per- thence along the shoreline to the point
pendicular to the Southeast side of the of beginning.
aforesaid Columbia Yacht Club pier;
thence Northerly along a line parallel [CGD 79169, 45 FR 32674, May 19, 1980]
to the East face of said pier to the
110.84 Black Rock Channel opposite
point of beginning. foot of Porter Avenue, Buffalo, N.Y.
(d) Grant Park South. Beginning at a
point 2,220 feet South of the intersec- An area extending northwesterly be-
tion of the North line of the Chicago tween Black Rock Channel and Bird Is-
Yacht Club bulkhead, as constructed in land Pier opposite the foot of Porter
1927, and the harbor line approved by Avenue, bounded as follows: Beginning
the Department of the Army on August at Triangulation Marker N5 on Bird
3, 1940, along the West side of the har- Island Pier; thence southeasterly along
bor, said harbor line runs parallel to the pier a distance of approximately
the overall alignment of the Grant 745 feet; thence 6052 true, approxi-
Park bulkhead between its North and mately 300 feet to a point 50 feet west-
South ends, said intersection is ap- erly of the westerly limit of Black
proximately 800 feet South of the Rock Channel; thence northwesterly
South face of the former Naval Armory along an arc of a circle parallel to and
Dock, and 100 feet East of said Grant 50 feet westerly of the westerly limit of
Park bulkhead, that point being ap- the channel to a point approximately
proximately on the harbor line; thence 360 feet southerly of Bird Island Pier
East, perpendicular to the overall Light No. 17; thence 27620 true, ap-
alignment of the Grant Park bulkhead, proximately 135 feet to Bird Island
and perpendicular to said harbor line, Pier; thence southwesterly and south-
1,180 feet; thence Southeasterly 330 feet erly along the pier a distance of ap-
to a point 1,510 feet East of said Grant proximately 1,355 feet to the point of
Park bulkhead and 225 feet South of an beginning.
extension of the first described line; 110.84b Buffalo, N.Y.
thence South perpendicular to the first
described line, 220 feet; thence South- The area within the Port of Buffalo
westerly 2,375 feet along a line gen- known as Port of Buffalo Small Boat
erally 100 feet Northwesterly from and Harbor commencing at a point on shore
parallel to the Northwesterly face of at latitude 425105 N., longitude
the narrow section of the U.S. Inner 785155 W.; thence 240 to rip-rap dike
Breakwater; thence Northwesterly 100 thence following the dike to the shore-
feet to a point 150 feet East of said line; thence along the shoreline to the
Grant Park bulkhead (or 100 feet East point of origin.
of the aforesaid harbor line), and 4,570 [CGD 7747, 43 FR 35480, Aug. 10, 1978; 43 FR
feet South of the North line of the 56040, Nov. 30, 1978]
440
110.85 Niagara River, Youngstown, 110.86 Sodus Bay, NY.

N.Y.
The water area in Sodus Bay, New
(a) Area 1. Beginning at a point at the York, south of Sand Point, two sepa-
intersection of the south line of Swain rate sections, enclosed by:
Street extended with the east shoreline (a) Eastern Section, beginning at a
of the Niagara River at latitude point on the shoreline at:
431433 N, longitude 79037.5 W; 431558.1 N 0765834.0 W, to
thence westerly to a point at latitude 431551.9 N 0765833.5 W, to
431433 N, longitude 79039.5 W; 431553.5 N 0765847.5 W, to
thence Southerly to a point at latitude 431601.8 N 0765843.0 W,
431415.5 N, longitude 790310 W; thence along the natural shoreline and
thence Westerly to a point at latitude structures to:
431415.5 N, longitude 790317 W; 431558.1 N 0765834.0 W.
thence northerly to a point at latitude (b) Western Section, beginning at a
431454.5 N, longitude 790314 W; point on the shoreline at:
thence southeasterly to a point at lati-
431602.5 N 0765845.0 W, to
tude 431452.3 N, longitude 730309 W; 431554.0 N 0765850.0 W, to
thence southerly to a point at latitude 431554.8 N 0765900.1 W, to
431451.4 N. longitude 730309 W; 431607.0 N 0765947.0 W,
thence easterly to a point at latitude thence along the natural shoreline and
431451.5 N; longitude 79036.5 W; structures to:
thence along the shoreline to the point 431602.5 N 0765845.0 W.
of beginning.
(b) Area 2. Beginning at a point at [CGD 0993029, 58 FR 40740, July 30, 1993]
latitude 431453.2 N., longitude
110.87 Henderson Harbor, N.Y.
790308 W.; thence northwesterly to a
point at latitude 431456 N., longitude (a) Area A. The area in the southern
790314 W.; thence northerly to a point portion of Henderson Harbor west of
at latitude 431507 N., longitude the Henderson Harbor Yacht Club
790313 W.; thence northwesterly to a bounded by a line beginning at latitude
point at latitude 43159.5 N., longitude 435108.8 N, longitude 761208.9 W,
790313.5 W.; thence southeasterly to a thence to latitude 435109.0 N, lon-
point at latitude 43157.5 N., longitude gitude 761219.0 W, thence to latitude
790308 W.; thence southerly to the 435133.4 N, longitude 761219.0 W,
point of beginning. thence to latitude 435133.4 N, lon-
(c) Area 3. Beginning at a point at gitude 761209.6 W, thence to the point
latitude 43157.9 N., longitude 790303 of beginning. All nautical positions are
W.; thence westerly to a point at lati- based on North American Datum of
tude 43157.9 N., longitude 790304 W.; 1983.
thence northwesterly to a point at lati- (b) Area B. The area in the southern
tude 431511.8 N., longitude 790314 portion of Henderson Harbor north of
W.; thence northerly to a point at lati- Graham Creek Entrance Light bounded
tude 431514 N., longitude 790314 W.; by a line beginning at latitude
thence northwesterly to a point at lati- 435121.8 N, longitude 761158.2 W,
tude 431522 N., longitude 790321.5 thence to latitude 435121.7 N, lon-
W.; thence northeasterly to a point at gitude 761205.5 W, thence to latitude
latitude 431525.5 N., longitude 435133.4 N, longitude 761206.2 W,
790313 W.; thence along the shoreline thence to latitude 435133.6 N, lon-
to the point of beginning. gitude 761200.8 W, thence to the point
NOTE: The Youngstown Harbor Commission
of beginning. All nautical positions are
controls the location, type, and assignment based on North American Datum of
of moorings placed in the special anchorage 1983.
areas in this section.
[CGD0999081, 65 FR 11893, Mar. 7, 2000, as
[CGD 79098, 45 FR 32674, May 19, 1980, as amended by USCG20090854, 74 FR 49815,
amended by CGD98510, 50 FR 43387, Oct. 25, Sept. 29, 2009]
1985]
441
110.90 33 CFR Ch. I (7112 Edition)
110.90 San Diego Harbor, Calif. 1171036.1 W.; thence westerly to lati-
(a) Area A1. In North San Diego Bay, tude 324320.2 N., longitude 1171052.9
the Shelter Island Yacht Basin Anchor- W.; thence northeasterly to 324329.8
age, the water area enclosed by a line N., longitude 1171048.0 W., thence
beginning at latitude 324256.7 N., lon- northeasterly following a line parallel
gitude 1171347.1 W.; thence south- to, and 200 feet bayward of, the shore-
westerly to latitude 324253.6 N., lon- line of San Diego Bay adjoining Harbor
gitude 1171351.3 W.; thence north- Drive to the point of beginning.
(g) Area A4. In Central San Diego
Bay, the Bay Bridge Roadstead An-
gitude 1171359.1 W.; thence northeast-
chorage, the water area enclosed by a
erly to latitude 324302.6 N., longitude
line beginning at latitude 324132.1 N.,
1171355.5 W.; thence southeasterly to
longitude 1170943.1 W.; thence south-
gitude 1170946.1 W.; thence southeast-
(b) Area A1a. In North San Diego erly to latitude 324117.8 N., longitude
Bay, the Shelter Island Roadstead An- 1170944.3 W.; thence southeasterly to
chorage east of Shelter Island, the latitude 324114.9 N., longitude
water area 55 feet either side of a line 1170937.9 W.; thence northeasterly to
beginning at latitude 324233.6 N., lon- latitude 324126.9 N., longitude
gitude 1171348.3 W.; thence northeast- 1170935.1 W., thence southwesterly to
erly to latitude 324236.0 N., longitude the point of beginning.
(h) Area A5. In Central San Diego
1171345.1 W.
(c) Area A1b. The water area off Bay, the Glorietta Bay Anchorage, the
Shelter Islands eastern shore, 210 feet water area enclosed by a line beginning
shoreward of a line beginning at lati- at latitude 324042.2 N., longitude
tude 324243.9 N., longitude 1171334.3 1171003.1 W.; thence southwesterly to
W.; thence northeasterly to latitude latitude 324041.2 N., longitude
324252.8 N., longitude 1171322.4 W. 1171006.6 W.; thence northwesterly to
(d) Area A1c. The water area off latitude 324046.2 N., longitude
Shelter Islands eastern shore, 210 feet 1171015.6 W.; thence northeasterly to
shoreward of a line beginning at lati- latitude 324046.7 N., longitude
tude 324255.0 N., longitude 1171319.4 1171014.1 W.; thence southeasterly to
W.; thence northeasterly to latitude the point of beginning.
(i) Area A6. In Fiddlers Cove, the
324303.5 N., longitude 1171307.6 W.
water enclosed by a line beginning at
(e) Area A2. In North San Diego Bay,
the Americas Cup Harbor Anchorage,
1170849.4 W.; thence northwesterly to
the water area enclosed by a line begin-
ning at latitude 324313.7 N, longitude
1170851.8 W.; thence northeasterly to
1171323.8 W; thence northeasterly to
1170848.8 W.; thence northeasterly to
1171325.8 W.; thence westerly to lati-
tude 324322.5 N., longitude 1171329.6
W.; thence southwesterly to latitude
324319.0 N., longitude 1171332.6 W.;
1170836.0 W.; thence southwesterly to
thence southeasterly to the point of be-
ginning.
(f) Area A3. In North San Diego Bay, NOTE: This area is located on Federal prop-
the Laurel Street Roadstead Anchor- erty owned by the United States Navy, and it
age, the water area enclosed by a line is reserved for active duty military, their de-
pendents, retirees, and DOD employees only.
beginning at latitude 324330.5 N., lon-
gitude 1171028.5 W.; thence south- (j) Area A8. In South San Diego Bay,
westerly to latitude 324329.8 N., lon- the Sweetwater Anchorage, the water
gitude 1171034.2 W.; thence south- enclosed by a line beginning at latitude
westerly to latitude 324325.8 N., lon- 323912.2 N., longitude 1170745.1 W.;
gitude 1171036.1 W.; thence southerly thence easterly to latitude 323912.2
to latitude 324320.2 N., longitude N., longitude 1170730.1 W.; thence
442
southerly to latitude 323845.2 N., lon- 1171442.9 W.; to Mission Point Light;
gitude 1170730.1 W.; thence westerly latitude 324543.7 N., longitude
to latitude 323845.2 N., longitude 1171441.9 W.
1170745.1 W.; thence northerly to the NOTE: Control over the anchoring of vessels
point of beginning. and the placing of temporary moorings in
(k) Area A9. In North San Diego Bay, this area is exercised by the City of San
the Cruiser Anchorage, the water en- Diego Park and Recreation Department pur-
closed by a line beginning at latitude suant to local ordinances.
324335.9 N., longitude 1171106.2 W.; (d) Area M4. In Quivira Basin, the
thence southwesterly to latitude entire water area enclosed by that por-
324331.5 N., longitude 1171113.2 W.; tion of a circle of 45 yard radius from
thence southeasterly to latitude latitude 324542.8 N., longitude
324328.9 N., longitude 1171111.0 W.; 1171425.6 W.; through the arc from
thence southeasterly to latitude 354 T to 088 T.
324325.9 N., longitude 1171107.7 W.;
thence northeasterly to latitude NOTE: Control over the anchoring of vessels
324334.8 N., longitude 1171103.2 W., and the placing of temporary moorings in
thence northwesterly to the point of this area is exercised by the City of San
Diego Park and Recreation Department pur-
beginning. All coordinates in this sec- suant to local ordinances.
tion use Datum: NAD 83.
[CGD118502, 51 FR 2882, Jan. 22, 1986]
NOTE: Mariners anchoring in these anchor-
ages, excluding Anchorage A6, should con- 110.93 Dana Point Harbor, Calif.
sult applicable local ordinances of the San
Diego Unified Port District. Temporary The area in Dana Point Harbor, Calif.
floats or buoys for marking anchors are al- commencing at a point at latitude
lowed. Fixed moorings, piles or stakes are 332736.2 N., longitude 1174220.4 W.;
prohibited. All moorings shall be positioned thence 01620 True for 612 feet to a
so that no vessel, when anchored, shall at point at latitude 332742.1 N., lon-
any time extend beyond the limits of the gitude 1174218.4 W.; thence 10620
area. See Captain of the Port Notice 697, a
True for 85 feet to a point at latitude
copy of which can be obtained by calling
(619) 6836495. 332741.8 N., longitude 1174217.7 W.;
thence 19620 True for 222 feet to a
[CGD1197007, 63 FR 16688, Apr. 6, 1998] point at latitude 332739.7 N., lon-
110.91 Mission Bay, Calif. gitude 1174218.2 W.; thence 18220
True 234 feet to a point at latitude
(a) Area M1. In San Juan Cove, the 332737.4 N., longitude 1174218.2 W.;
entire water area west of a line drawn thence 16620 True for 499 feet to a
from latitude 324653.6 N., longitude point at latitude 332732.6 N., lon-
1171452.5 W.; to El Carmel Point gitude 1174216.8 W.; thence 320 True
North Light; latitude 324648.0 N., lon- for 470 feet to the point of origin.
gitude 1171450.1 W.
[CGD 76197, 42 FR 44985, Sept. 8, 1977]
NOTE: Control over the anchoring of vessels
and placing of temporary moorings in this 110.95 Newport Bay Harbor, Calif.
area is exercised by the City of San Diego
Park and Recreation Department pursuant (a) Area A1. The entire water area
to local ordinances. within beginning at latitude 333609.3
N., longitude 1175352.6 W.; thence to
(b) Area M2. In Santa Barbara Cove, latitude 333611.4 N., longitude
the entire water area west of a line 1175351.2 W.; thence to latitude
drawn from latitude 324640.0 N., lon- 333604.0 N., longitude 1175333.4 W.;
gitude 1171447.0 W.; to latitude thence to latitude 333603.9 N., lon-
324633.5 N., longitude 1171445.5 W. gitude 1175320.4 W.; thence to
NOTE: Control over the anchoring of vessels 333601.1 N., longitude 1175309.9 W.;
and the placing of temporary moorings in thence to 333601.1 N., longitude
this area is exercised by the City of San 1175332.7 W.; thence to 333603.9 N.,
Diego Park and Recreation Department pur- longitude 1175341.9 W.; returning to
suant to local ordinances.
(c) Area M3. In Mariners Basin, the 1175352.6 W.
entire water area west of a line drawn (b) Area A2. The entire water area
from latitude 324549.2 N., longitude within beginning at latitude 333612.9
443
110.95 33 CFR Ch. I (7112 Edition)
N., longitude 1175344.2 W; thence to tude 333643.3 N., longitude 1175426.4

latitude 333614.2 N., longitude W.
1175344.3 W.; thence to latitude (g) Area A7. The entire water area
333614.2 N., longitude 1175320.6 W.; within beginning at latitude 333632.1
thence to latitude 333610.8 N., lon- N., longitude 1175512.5 W.; thence to
gitude 1175320.5 W.; thence to latitude latitude 333637.7 N., longitude
333612.7 N., longitude 1175329.9 W.; 1175511.0 W.; thence to latitude
thence to latitude 333612.7 N., lon- 333635.1 N., longitude 1175501.3 W.;
gitude 1175335.4 W.; thence to latitude thence to latitude 333630.4 N., lon-
333612.9 N., longitude 1175337.0 W.; gitude 1175502.6 W.; thence to latitude
returning to latitude 333612.9 N., lon- 333631.2 N., longitude 1175506.7 W.;
gitude 1175344.2 W. returning to latitude 333632.1 N., lon-
(c) Area A3. The entire water area gitude 1175512.5 W.
within beginning at latitude 333622.7 (h) Area A8. The entire water area
N., longitude 117 5412.6 W.; thence to within beginning at latitude 333634.2
latitude 333624.9 N., longitude N., longitude 1175527.3 W.; thence to
1175412.6 W.; thence to latitude latitude 333636.2 N., longitude
333616.2 N., longitude 1175402.9 W.; gitude 1175515.4 W.; thence to latitude
returning to latitude 333622.7 N., lon- 333637.9 N., longitude 1175511.7 W.;
gitude 1175412.6 W. thence to latitude 333632.1 N., lon-
(d) Area A4. The entire water area gitude 1175513.3 W.; returning to lati-
within beginning at latitude 3336 32.7 tude 333634.2 N., longitude 1175527.3
N., longitude 1175356.6 W.; thence to W.
(i) Area A9. The entire water area
1175356.6 W.; thence to latitude
within beginning at latitude 333653.5
333633.5 N., longitude 1175326.2 W.;
N., longitude 1175528.2 W.; thence to
333631.7 N., longitude 1175340.9 W.; gitude 1175521.6 W.; returning to lati-
thence to 333631.7 N., longitude tude 333653.5 N., longitude 1175528.2
1175346.3 W.; thence to latitude W.
333632.6 N., longitude 1175350.9 W.; (j) Area A10. The entire water area
returning to latitude 3336 32.7 N., lon- within beginning at latitude 333607.4
gitude 1175356.6 W. N., longitude 1175319.2 W.; thence to
(e) Area A5. The entire water area latitude 333614.2 N., longitude
within beginning at latitude 333629.1 1175319.4 W.; thence to latitude
N., longitude 1175455.3 W.; thence to 333614.2 N., longitude 1175306.9 W.;
latitude 333627.8 N., longitude thence to latitude 333608.1 N., lon-
1175455.8 W.; thence to latitude gitude 1175304.9 W.; thence to latitude
333624.1 N., longitude 1175441.8 W.; 333606.5 N., longitude 1175308.9 W.;
thence to latitude 333626.7 N., lon- thence to latitude 333606.5 N., lon-
gitude 1175440.8 W.; thence to latitude gitude 1175316.3 W.; returning to lati-
333626.7 N., longitude 1175446.3 W.; tude 333607.4 N., longitude 1175319.2
returning to latitude 333629.1 N., lon- W.
gitude 1175455.3 W. (k) Area A11. The entire water area
(f) Area A6. The entire water area within beginning at latitude 333604.7
within beginning at latitude 333643.3 N., longitude 1175301.9 W.; thence to
N., longitude 1175426.4 W.; thence to latitude 333606.1 N., longitude
latitude 333651.7 N., longitude 1175300.5 W.; thence to latitude
1175422.8 W.; thence to latitude 333606.2 N., longitude 1175259.0 W.;
333651.4 N., longitude 1175421.5 W.; thence to latitude 333559.4 N., lon-
thence to latitude 333642.9 N., longitude 1175251.1 W.; thence to latitude
gitude 1175425.2 W.; returning to lati- 333557.5 N., longitude 1175250.9 W.;
444
thence to latitude 333601.9 N., lon- and easterly along the southerly side of
gitude 1175257.3 W.; thence to latitude the Fairway, about 478 and 565 feet re-
333603.0 N., longitude 1175300.4 W.; spectively to its intersection with Fish
returning to latitude 333604.7 N., lon- Harbor mole; thence southerly and
gitude 1175301.9 W. southwesterly along the mole to the
(l) Area A12. The entire water area point of beginning.
within beginning at latitude 333627.9 (c) Area B1. Long Beach outer har-
N., longitude 1175440.4 W.; thence to bor along east side of Pier 400 begin-
latitude 333623.9 N., longitude ning at latitude 334422.8 N., longitude
1175441.8 W.; thence to latitude 1181351.0 W.; thence south to latitude
333620.8 N., longitude 1175429.9 W.; 334354.5 N., longitude 1181350.0 W.;
thence to latitude 333628.5 N., lon- thence southwesterly to latitude
gitude 1175420.2 W.; returning to lati- 334346.0 N., longitude 1181413.6 W.;
tude 333627.9 N., longitude 1175440.4 thence northwesterly to latitude
W. 334415.3 N., longitude 1181426.6 W.;
(m) Area B1. The entire water area thence northeasterly to latitude
within beginning at latitude 333635.1 334425.1 N., longitude 1181415.6 W.;
N., longitude 1175428.8 W.; thence to thence easterly to the beginning point.
latitude 333632.1 N., longitude (d) Area C1. Long Beach outer har-
1175422.1 W.; thence to latitude bor between Island Freeman and Island
333630.6 N., longitude 1175422.8 W; Chaffee beginning at latitude 334420.0
thence to latitude 333630.5 N., lon- N., longitude 1180826.2 W.; thence
gitude 1175430.9 W.; returning to lati- west to latitude 334423.5 N., longitude
tude 333635.1 N., longitude 1175428.8 1180932.6 W.; thence north to latitude
W. 334452.8 N., longitude 1180933.2 W.;
Note to 110.95: These anchorage areas are thence southeast to latitude 334425.5
reserved for recreational and other small N., longitude 1180826.2 W.; thence
craft. Local law, including the City of New- south to the beginning point.
port Beach Municipal Code 17.25.020, may
provide for fore and aft moorings for rec-
(e) Area E1. Long Beach outer harbor
reational and small craft of such size and northwest of Island Freeman beginning
alignment as permitted by the harbor mas- at latitude 334455.0 N., longitude
ter. 1180940.0 W.; thence southwesterly to
[USCG20100929, 77 FR 22491, Apr. 16, 2012] latitude 334437.0 N., longitude
110.100 Los Angeles and Long Beach latitude 334452.0 N., longitude
Harbors, Calif. 1181032.0 W.; thence north to latitude
(a) [Reserved] 334511.0 N., longitude 1181032.0 W.
(b) Area A2. Consisting of two parts (f) Restrictions. Special anchorage
in the outer basin of Fish Harbor on areas B1, C1, and E1 are reserved for
the east and west sides of Fish Harbor barges on mooring balls, unless other-
Entrance Channel described as follows: wise authorized by the Captain of the
(1) Part 1. Beginning at a point at the Port Los Angeles-Long Beach.
intersection of westerly side of Fish [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
Harbor Entrance Channel and the outer amended by CGD1104005, 71 FR 15036, Mar.
jetty; thence southwesterly along the 27, 2006]
jetty about 900 feet to the shore;
thence northerly about 500 feet; thence 110.111 Marina del Rey Harbor, Calif.
northeasterly about 650 feet, on a line An area in the main channel within
parallel to jetty; thence southeasterly the following described boundaries:
about 500 feet, along the westerly side Beginning at the most northeasterly
of Fish Harbor Entrance Channel to corner at latitude 335858, longitude
the point of beginning. 1182646; thence southerly to latitude
(2) Part 2. Beginning at a point at the 335853, longitude 1182646; thence
intersection of the east side of Fish southeasterly to latitude 335852, lon-
Harbor Entrance Channel and Fish gitude 1182645; thence southerly to
Harbor mole (outer Fish Harbor); latitude 335839, longitude 1182645;
thence northwesterly along channel thence westerly to latitude 335838,
line about 850 feet to the southerly side longitude 1182655; thence northerly to
of the Fairway; thence northeasterly latitude 335900, longitude 1182655;
445
110.115 33 CFR Ch. I (7112 Edition)
thence easterly to the point of begin- about 1,425 yards to meet the prolonga-
ning. tion of the center line of Seventh
NOTE: This area is reserved for yachts and Street; and thence to the point of be-
other recreational craft and for all types of ginning.
small craft during storm, stress, or other (b) Area A2. Beginning at a point 322
emergency. Single and fore-and-aft moorings and 150 feet from the high water line on
will be allowed in the area as permitted by the most westerly part of Fairbanks
the Director of the Department of Small
Craft Harbors, Los Angeles County. Point; thence continuing on this bear-
ing for a distance of 1,346 feet; thence
110.115 Santa Barbara Harbor, Calif. 52 for a distance of 450 feet and thence
North of the Santa Barbara break- generally southeasterly parallel to and
water; seaward of the line of mean high 150 feet from the mean high water line
water; and southwest of a line bearing to the point of beginning.
4630 from the north corner of Bath NOTE: Moorings and boating activities will
Street and Cabrillo Boulevard to the be allowed in these areas conforming to ap-
end of the Santa Barbara breakwater; plicable City of Morro Bay ordinances and
excluding a fairway 225 feet wide, 100 regulations adopted pursuant thereto.
feet from each side of and parallel to
the Navy pier. 110.126 Monterey Harbor, Calif.
NOTE: Fore and aft moorings will be al- The waters of Monterey Harbor be-
lowed in this area conforming to the City of tween the shoreline and the following
Santa Barbara Harbor Ordinance No. 2106 for
yachts and small craft of such size and align-
coordinates: Beginning at a point on
ment as permitted by the harbor master. the shoreline at latitude 363627.5 N.,
longitude 1215335.0 W.; thence to lati-
110.120 San Luis Obispo Bay, Calif. tude 363632.4 N., longitude 1215331.0
(a) Area A1. Area A1 is the water W., in an easterly direction to latitude
area bounded by the San Luis Obispo 363628.8 N., 1215319.0 W.; thence
County wharf, the shoreline, a line south to latitude 363623.1 N., lon-
drawn from the southernmost point of gitude 1215319.0 W.; thence to the
Fossil Point to latitude 351018.5 N., north end of Municipal Wharf No. 1 at
longitude 1204338.5 W.; thence to the latitude 363620.0 N., longitude
southeast corner of the San Luis 1215328.0 W.
Obispo County wharf.
(b) Area A2. Area A2 is the water [CGD 82091, 47 FR 45878, Oct. 14, 1982]
area enclosed by a line drawn from the
outer end of Whaler Island breakwater 110.126a San Francisco Bay, Calif.
at latitude 350922 N., longitude Richardson Bay Anchorage. That por-
1204456 W., to the Marre Chimney at tion of Richardson Bay, north of a line
latitude 351056 N., longitude 1204431 bearing 257 from Peninsula Point to
W. the shore at Sausalito, except for feder-
NOTE: The Port San Luis Harbor District ally-maintained channels, and all
prescribes local regulations for mooring and channels approved for private use
boating activities in these areas. therein.
[CGD 7224R, 38 FR 1928, Jan. 19, 1973] NOTE: Mariners anchoring in the special
anchorage area should consult applicable or-
110.125 Morro Bay Harbor, Calif.
dinances of the Richardson Bay Regional
(a) Area A1. Opposite the City of Agency and the County of Marin. These ordi-
Morro Bay, beginning 50 feet west of nances establish requirements on matters in-
the intersection of the west channel cluding the anchoring of vessels, placement
line and the prolongation of the center of moorings, and use of anchored and moored
line of Seventh Street; thence in a gen- vessels within the special anchorage area. In-
erally southeasterly direction and par- formation on these local agency require-
allel to the channel line for a distance ments may be obtained from the Richardson
of 450 yards; thence 166 and parallel to Bay Harbor Administrator.
the revetment for a distance of 1,025 [CGFR 69109, 34 FR 17771, Nov. 4, 1969, as
yards; thence 270 for a distance of 200 amended by CGD 78126, 45 FR 10760, Feb. 19,
yards; thence 346 for a distance of 1980; CGD1199009, 65 FR 20086, Apr. 14, 2000]
446
110.127 Lake Mohave and Lake Mead, lines connecting the following points,
Nevada and Arizona. excluding a 100-foot-wide fairway, ex-
(a) Willow Beach, Ariz. That portion tending southwesterly from the
of Lake Mohave enclosed by the shore launching ramp, as established by the
and a line connecting the following Superintendent, Lake Mead Recreation
points, excluding a 100-foot-wide fair- Area:
way, extending westerly from the a 361830 N. 1142510 W.
b 361820 N. 1142400 W.
launching ramp, as established by the
c 361735 N. 1142405 W.
Superintendent, Lake Mead Recreation d 361740 N. 1142427 W.
Area:
a 355230 N. 1143935 W. (g) Callville Bay, Nev. That portion of
b 355210 N. 1143935 W. Lake Mead inclosed by the shore and
lines connecting the following points,
(b) Katherine, Ariz. That portion of excluding a 200-foot-wide fairway, ex-
Lake Mohave inclosed by the shore and tending southeasterly from the launch-
a line connecting the following points, ing ramp, as established by the Super-
excluding a 100-foot-wide fairway, ex- intendent, Lake Mead Recreation Area:
tending westerly from the launching a 360900 N. 1144240 W.
ramp, as established by the Super- b 360810 N. 1144203 W.
intendent, Lake Mead Recreation Area: c 360806 N. 1144240 W.
a 351333 N. 1143438 W.
(h) Las Vegas Wash, Nev. That portion
b 351305 N. 1143440 W.
of Lake Mead inclosed by the shore and
(c) El Dorado Canyon, Nev. That por- a line connecting the following points,
tion of Lake Mohave inclosed by the excluding a 200-foot-wide fairway, ex-
shore and a line connecting the fol- tending easterly from the launching
lowing points, excluding a 50-foot-wide ramp, as established by the Super-
fairway, extending easterly from the intendent, Lake Mead Recreation Area:
launching ramp, as established by the a 360723 N. 1144945 W.
Superintendent, Lake Mead Recreation b 360629 N. 1144945 W.
Area: (i) Hemenway Harbor, Nev. That por-
a 354237 N. 1144221 W. tion of Lake Mead inclosed by the
b 354208 N. 1144210 W.
shore and lines connecting the fol-
(d) Cottonwood Cove, Nev. That por- lowing points, excluding a 100-foot-wide
tion of Lake Mohave inclosed by the fairway, extending easterly from the
shore and a line connecting the fol- launching ramp at Boulder Beach and a
lowing points, excluding a 200-foot-wide 600-foot-wide fairway, extending north-
fairway extending northeasterly from easterly from the launching ramp at
the launching ramp, as established by Hemenway Harbor, both as established
the Superintendent Lake Mead Recre- by the Superintendent, Lake Mead
ation Area: Recreation Area:
a 352946 N. 1144055 W. a 360405 N. 1144815 W.
b 352933 N. 1144045 W. b 360325 N. 1144810 W.
c 360120 N. 1144515 W.
(e) Overton Beach, Nev.(1) Area A.
That portion of Lake Mead inclosed by (j) Kingman Wash, Ariz. That portion
the shore and lines connecting the fol- of Lake Mead inclosed by the shore and
lowing points, excluding two 300-foot- a line connecting the following points,
wide fairways, extending northwesterly excluding a 100-foot-wide fairway, ex-
and southwesterly from the launching tending westerly from the launching
ramps, as established by the Super- ramp, as established by the Super-
intendent, Lake Mead Recreation Area: intendent, Lake Mead Recreation Area:
a 362705 N. 1142148 W. a 360234 N. 1144250 W.
b 362715 N. 1142120 W. b 360205 N. 1144305 W.
c 362632 N. 1142045 W. (k) Temple Bar, Ariz. That portion of
d 362549 N. 1142050 W. Lake Mead inclosed by the shore and
e 362500 N. 1142127 W. lines connecting the following points,
f 362519 N. 1142210 W.
excluding a 200-foot-wide fairway, ex-
(f) Echo Bay, Nev. That portion of tending southwesterly from the
Lake Mead inclosed by the shore and launching ramp, as established by the
447
110.127a 33 CFR Ch. I (7112 Edition)
Superintendent, Lake Mead Recreation (b) Bullfrog Basin, Utah. That portion
Area: of Lake Powell inclosed by the shore
a 360221 N. 1141929 W. and a line connecting the following
b 360234 N. 1141846 W. points, excluding a 300-foot-wide fair-
c 360203 N. 1141813 W. way, extending southeasterly from the
launching ramp, as established by the
(l) Greggs, Ariz. That portion of Lake Superintendent, Glen Canyon National
Mead inclosed by the shore and a line Recreation Area:
connecting the following points, ex-
a 372917 N. 1104228 W.
cluding a 100-foot-wide fairway, extend-
b 372844 N. 1104340 W.
ing northerly from the launching ramp,
as established by the Superintendent, (c) Halls Crossing, Utah. That portion
Lake Mead Recreation Area: of Lake Powell inclosed by the shore
a 360035 N. 1141349 W. and a line connecting the following
b 360035 N. 1141410 W. points, excluding a 300-foot-wide fair-
way, extending northwesterly from the
(m) Pierce Ferry, Ariz. That portion of launching ramp, as established by the
Lake Mead inclosed by the shore and a Superintendent, Glen Canyon National
line connecting the following points, Recreation Area:
excluding a 100-foot-wide fairway, ex-
a 372824 N. 1104257 W.
tending easterly from the launching
b 372800 N. 1104321 W.
ramp, as established by the Super- c 372746 N. 1104316 W.
intendent, Lake Mead Recreation Area:
a 360842 N. 1135924 W. (d) Dangling Rope Canyon, Utah. That
b 360718 N. 1135832 W. portion of Dangling Rope Canyon, Lake
Powell, enclosed by the shoreline and a
(n) South Bay, Ariz. That portion of line connecting the following points,
Lake Mead inclosed by the shore and a excluding a 200-foot-wide fairway, ex-
line connecting the following points, tending southerly from the marina, as
excluding one 100-foot wide fairway, ex- established by the Superintendent,
tending westerly from the launching Glen Canyon National Recreation
ramp, as established by the Super- Area:
intendent, Lake Mead Recreation Area:
a 370648 N. 1110500 W.
a 360626 N. 1140613 W. b 370715 N. 1110503 W.
b 360500 N. 1140650 W. c 370719 N. 1110449 W.
c 360500 N. 1140613 W. d 370808 N. 1110400 W.
NOTE: Fixed moorings, piles, or stakes are e 370730 N. 1110430 W.
prohibited. Single and fore-and-aft tem- f 370720 N. 1110415 W.
porary moorings will be allowed. The anchor- (e) Wahweap, Arizona-Utah. That por-
ing of vessels and the placing of temporary
tion of Lake Powell inclosed by the
moorings will be under the jurisdiction and
at the discretion of the Superintendent, shore and a line connecting the fol-
Lake Mead Recreation Area, National Park lowing points, excluding a 200-foot-wide
Service. fairway, extending northeasterly from
the northerly launching ramp and a
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGFR 6936, 34 FR 6577, Apr. 17,
300-foot-wide fairway, extending eas-
1969; CGD 79045, 44 FR 60091, Oct. 18, 1979] terly from the southerly launching
ramp, as established by the Super-
110.127a Lake Powell, Utah-Arizona. intendent, Glen Canyon National
Recreation Area:
(a) Castel Butte, Utah. That portion of
Lake Powell inclosed by the shore and a 370021 N. 1113030 W.
b 370040 N. 1113000 W.
a line connecting the following points,
c 365910 N. 1112848 W.
excluding a 300-foot-wide fairway ex- d 365910 N. 1112924 W.
tending in an east-west direction per-
pendicular to the launching ramp, as NOTE: Fixed moorings, piles, or stakes are
established by the Superintendent, prohibited. Single and fore-and-aft tem-
porary moorings will be allowed. The anchor-
Glen Canyon National Recreation
Area: moorings will be under the jurisdiction and
a 374345 N. 1102700 W. at the discretion of the Superintendent, Glen
b 374230 N. 1102757 W. Canyon National Recreation Area.
448
(f) Hite, Utah. That portion of Lake (d) Lucerne Valley, Utah. That portion
Powell enclosed by the shore and by of Flaming Gorge Lake inclosed by the
lines connecting the following two sets shore and a line connecting the fol-
of points, excluding a 200-foot-wide lowing points, excluding a 300-foot-wide
fairway extending westerly from the fairway extending southeasterly from
launching ramp on the far shore, as es- the launching ramp, as established by
tablished by the Superintendent, Glen the Superintendent, Flaming Gorge
Canyon National Recreation area: National Recreation Area:
a 405907 N. 1093454 W.
EAST SHORE b 405854 N. 1093500 W.
a 375140 N. 1102345 W.
b 375140 N. 1102405 W. NOTE: Fixed moorings, piles, or stakes are
c 375230 N. 1102400 W. prohibited. Single and fore-and-aft tem-
porary moorings will be allowed. The anchor-
d 375230 N. 1102335 W.
moorings will be under the jurisdiction and
NORTH WASH at the discretion of the Superintendent,
a 375200 N. 1102445 W. Flaming Gorge National Recreation Area.
b 375240 N. 1102445 W.
110.127c Trinidad Bay, Calif.
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGD 118405, 49 FR 47603, Dec. 6, The waters of Trinidad Bay, begin-
1984] ning at the southernmost point of
Trinidad Head at latitude 410304 N.,
110.127b Flaming Gorge Lake, Wyo- longitude 1240856 W.; thence east to
ming-Utah. Prisoner Rock at latitude 410309 N.,
(a) Buckboard Crossing, Wyo. That longitude 1240837 W.; thence east to
portion of Flaming Gorge Lake in- latitude 410309 N., longitude 1240819
closed by the shore and a line con- W., thence north to latitude 410326
necting the following points, excluding N., longitude 1240821 W.; thence fol-
a 150-foot-wide fairway, extending lowing the shoreline to Trinidad Bay in
southeasterly from the launching a westerly and southerly direction to
ramp, as established by the Super- the point of beginning.
intendent, Flaming Gorge National NOTE: The area will be principally for use
Recreation Area: by sport and commercial fishing vessels.
a 411450 N. 1093522 W. Temporary floats and buoys for anchoring
b 411437 N. 1093512 W. will be allowed in the area. Fixed moorings,
piles or stakes are prohibited. All moorings
(b) Squaw Hollow, Wyo. That portion shall be placed so that no vessel when an-
of Flaming Gorge Lake inclosed by the chored or moored shall at any time extend
shore and a line connecting the fol- beyond the limits of the area. The anchoring
lowing points, excluding a 100-foot-wide of all vessels and placing of all moorings will
fairway, extending southeasterly from be under the supervision of the City of Trini-
dad or such other authority as may be des-
the launching ramp, as established by
ignated by the City Council of the City of
the Superintendent, Flaming Gorge Trinidad, California.
National Recreation Area:
a 410955 N. 1093318 W. [CGD 76105, 42 FR 37811, July 25, 1977, as
amended by CGD12 8606, 51 FR 10198, Mar.
b 410948 N. 1093320 W.
25, 1986]
(c) Antelope Flat, Utah. That portion
of Flaming Gorge Lake inclosed by the 110.128 Columbia River at Portland,
shore and a line connecting the fol- Oreg.
lowing points, excluding a 150-foot-wide The waters of the Columbia River be-
fairway, extending southeasterly from tween Sand Island and Government Is-
the launching ramp to a point beyond land, bounded on the west by pile dike
the floating breakwater and then west- U.S. 5.75 and a line extending true
erly, as established by the Super- north from the northerly end of the
intendent, Flaming Gorge National dike to the south shore of Sand Island
Recreation Area: and bounded on the east by a line bear-
a 405746 N. 1093330 W. ing 33915 true, from a point on Gov-
b 405737 N. 1093337 W. ernment Island at latitude 453510,
449
110.128b 33 CFR Ch. I (7112 Edition)
longitude 1223241, to the southerly 1575014 W. longitude; thence along

shore of Sand Island. the shoreline to the beginning point.
(c) Keehi Lagoon. The waters of Keehi
110.128b Island of Hawaii, Hawaii. Lagoon bounded by a line connecting
(a) Hilo Bay. The waters of Hilo Bay the following points:
enclosed by a line beginning at 211935.0 N 1575406.0 W
194355.5 N. latitude, 1550330 W. lon- 211937.7 N 1575358.0 W
gitude; thence to 194408 N. latitude, 211906.4 N 1575341.9 W
1550419 W. longitude; thence to 211900.8 N 1575344.1 W
194351 N. latitude, 1550430 W. lon- 211859.9 N 1575349.7 W
gitude; thence to 194410 N. latitude, 211904.9 N 1575350.0 W
1550529 W. longitude; thence along
the shoreline to the beginning point. and thence to the point of beginning.
(Datum: OHD) (d) Sans Souci Beach. The waters of
(b) Kuhio Bay. The waters of Kuhio Sans Souci Beach enclosed by a line be-
Bay enclosed by a line beginning at ginning at 211549 N. latitude,
194413 N. latitude, 1550325 W. lon- 1574931 W. longitude; thence to
gitude; thence to 194415 N. latitude, 211549.2 N. latitude, 1574929 W. lon-
1550325 W. longitude; thence along gitude; thence to 211556.2 N. latitude,
the shoreline to the beginning point. 1574931 W. longitude; thence to
(Datum: OHD) 211556 N. latitude, 1574933 W. lon-
[CGD 76186, 42 FR 62001, Dec. 8, 1977, as gitude; thence to the beginning point.
amended by CGD 96026, 61 FR 33663, June 28, (e) Iroquois Point Lagoon. The waters
1996] of Iroquois Point Lagoon enclosed by a
line beginning at 211953 N. latitude,
110.128c Island of Kauai, Hawaii.
1575830 W. longitude; thence to
(a) Nawiliwili Bay. The waters of 211956 N. latitude, 1575831 W. lon-
Nawiliwili Bay enclosed by a line be- gitude; thence along the shoreline to
ginning at 215712.5 N. latitude, the beginning point.
1592138 W. longitude; thence to (f) Hickam AFB Marina (1)a. The wa-
215726 N. latitude, 1592139.5 W. lon- ters of Hickam AFB Marina enclosed
gitude; thence along the shoreline to by a line beginning at 211913 N. lati-
the beginning point. (Datum: OHD)
tude, 1575740 W. longitude; thence to
(b) [Reserved]
211845 N. latitude, 1575740 W. lon-
[CGD 76186, 42 FR 62001, Dec. 8, 1977, as gitude; thence to 211845 N. latitude,
amended by CGD 96026, 61 FR 33663, June 28, 1575728.5 W. longitude; thence to
1996] 211910 N. latitude, 1575728.5 W. lon-
110.128d Island of Oahu, Hawaii. gitude; thence along the shoreline to
(Datum: OHD) the beginning point.
(g) Hickam AFB Marina (2). The wa-
(a) Kaneohe Bay (1). The waters of
ters of Hickam AFB Marina enclosed
Kaneohe Bay enclosed by a line begin-
ning at 212628 N. latitude, 1574600 by a line beginning at 211911 N. lati-
W. longitude; thence to 212600 N. latitude, 1575710 W. longitude; thence to
tude, 1574614 W. longitude; thence to 211846.2 N. latitude, 1575720 W. lon-
212620 N. latitude, 1574724 W. longitude; thence to 211846.2 N. latitude,
gitude; thence to 212700 N. latitude, 1575705.2 W. longitude; thence along
1574825 W. longitude; thence to the shoreline to the beginning point.
212646 N. latitude, 1574837 W. lon- (h) Aiea Bay. The waters of Aiea Bay
gitude; thence along the shoreline to enclosed by a line beginning at 212220
the beginning point. N. latitude, 1575630 W. longitude;
(b) Kaneohe Bay (2). The waters of thence to 212227 N. latitude,
Kaneohe Bay enclosed by a line begin- 1575640.5 W. longitude; thence to
ning at 212728 N. latitude, 1574908 212230 N. latitude, 1575640.5 W. lon-
W. longitude; thence to 212810 N. lati- gitude; thence to 212237 N. latitude,
tude, 1575003 W. longitude; thence to 1575622.5 W. longitude; thence to
212910 N. latitude, 1575040 W. lon-
gitude; thence to 213046 N. latitude,
450
212237 N. latitude, 1575619 W. lon- (2) These anchorage grounds are au-
gitude; thence along the shoreline to thorized for use year round.
the beginning point. (3) Temporary floats or buoys for
[CGD 76186, 42 FR 62001, Dec. 8, 1977, as marking anchors will be allowed in all
amended at 43 FR 21881, May 22, 1978; CGD14 anchorage areas.
9001, 56 FR 13762, Apr. 4, 1991] (4) Fixed moorings, piles or stakes
are prohibited.
110.129a Apra Harbor, Guam. (5) Any vessels anchored in this area
(Datum: WGS 84)
shall be capable of moving and when
(a) The waters bounded by a line con- ordered to move by the Captain of the
necting the following points: Port shall do so with reasonable
132745.5 N 1443934.8 E promptness.
132732.0 N 1443936.3 E (6) The anchoring of vessels is under
and thence along the shoreline to the the coordination of the local
point of beginning. Harbormaster.
(b) The waters bounded by a line con- [CGD0102027, 67 FR 68518, Nov. 12, 2002]
necting the following points:
132653.6 N 1444003.8 E 110.131 Sheepscot River in the vicin-
132704.0 N 1444004.8 E ity of Edgecomb, Maine.
132704.0 N 1444009.8 E
132710.0 N 1444009.8 E (a) Anchorage grounds. All of the wa-
132710.0 N 1444023.8 E ters enclosed by a line starting from a
132651.0 N 1444023.8 E point located at the southwestern end
132651.0 N 1444006.0 E of Davis Island at latitude 4359.655 N.,
longitude 6939.617 W.; thence to lati-
and thence to the point of beginning.
tude 4359.687 N., longitude 6939.691
[CGD148901, 55 FR 27465, July 3, 1990] W.; thence to latitude 4359.847 N., lon-
Subpart BAnchorage Grounds 4359.879 N., longitude 6939.559 W.;
110.130 Bar Harbor, Maine. gitude 6939.488 W.; thence to latitude
(a) Anchorage grounds. (1) Anchorage 4359.771 N., longitude 6939.585 W.;
A is that portion of Frenchman Bay, thence to the point of beginning.
Bar Harbor, ME enclosed by a rhumb DATUM: NAD 83
line connecting the following points: (b) Regulations. (1) This anchorage is
Latitude Longitude reserved for vessels of all types, with
drafts of 3 to 12 feet.
442343 N .................. 0681200 W; thence to
442352 N .................. 0681122 W; thence to
(2) These anchorage grounds are au-
442323 N .................. 0681059 W; thence to thorized for use from May through Oc-
442305 N .................. 0681132 W; returning to start. tober.
(3) Vessels are limited to a maximum
(2) Anchorage B is that portion of stay of 1 week.
Frenchman Bay, Bar Harbor, ME en- (4) Fixed moorings, piles or stakes
closed by a rhumb line connecting the are prohibited.
following points:
(5) Vessels must not anchor so as to
Latitude Longitude obstruct the passage of other vessels
proceeding to or from other anchorage
442433 N .................. 0681309 W; thence to
442442 N .................. 0681147 W; thence to copied spaces.
442411 N .................. 0681141 W; thence to (6) Anchors must not be placed in the
442402 N .................. 0681303 W; returning to start. channel and no portion of the hull or
rigging of any anchored vessel shall ex-
(b) Regulations. (1) Anchorage A is a tend outside the limits of the anchor-
general anchorage ground reserved for age area.
passenger vessels, small commercial
(7) The anchorage of vessels is under
vessels and pleasure craft. Anchorage B
the coordination of the local
is a general anchorage ground reserved
Harbormaster.
primarily for passenger vessels 200 feet
and greater. [CGD0107011, 72 FR 70514, Dec. 12, 2007]
451
110.132 33 CFR Ch. I (7112 Edition)
110.132 Rockland Harbor, Maine. 110.133 Kennebec River in vicinity of

Bath, Maine.
(a) The anchorage grounds(1) An-
chorage A. Beginning at a point bearing (a) The anchorage grounds. Vessels
158, 1,075 yards, from Rockland Break- may anchor only within the following
water Light; thence 252, 2,020 yards, to limits:
a point bearing 224 from Rockland (1) Northward of a line bearing 54
Breakwater Light; thence 345, 740 true and extending from a point on
yards, to a point bearing 242 from Passmores wharf in prolongation with
Rockland Breakwater Light; thence the north side of Commerce Street,
72, 1,300 yards, to a point bearing 222 Bath, Maine, to a point on the shore in
from Rockland Breakwater Light; and Woolwich, approximately 1,200 feet
thence 120, 1,000 yards, to the point of north of the Maine Central Railroad
beginning. wharf.
(2) Anchorage B. Beginning at a point (2) Southward of a line drawn from
the derrick on the Bath Iron Works
bearing 273, 400 yards, from Rockland
wharf to Sassanoa Point in Woolwich.
Breakwater Light; thence 273, 700
(b) The regulations. (1) Vessels in the
yards, to a point bearing 273 from
north anchorage shall be so anchored
Rockland Breakwater Light; thence
as to leave a clear fairway of 150 feet
349, 850 yards, to a point bearing 305
channelward of the established harbor
from Rockland Breakwater Light;
lines at Bath, and a clear fairway 200
thence 89, 700 yards, to a point bearing
feet from the east or Woolwich shore,
328 from Rockland Breakwater Light;
for the passage of steamers, tows, rafts,
and thence 169, 900 yards, to the point and other watercraft.
of beginning. (2) The launching of vessels into the
(b) The regulations. (1) Anchorages A waters between the anchorages or the
and B are general anchorage grounds bringing up of such vessels by their an-
reserved for merchant vessels, commer- chors will be permitted: Provided, That
cial vessels or passenger vessels over 65 the vessels so launched shall be re-
feet in length. Fixed moorings, piles or moved therefrom within 12 hours from
stakes are prohibited. the time of anchorage.
(2) A distance of approximately 500
[CGFR 6746, 32 FR 17728, Dec. 12, 1967. Redes-
yards shall be left between Anchorages
ignated by CGD0102027, 67 FR 68518, Nov.
A and B for vessels entering or depart- 12, 2002]
ing from the Port of Rockland. A dis-
tance of approximately 100 yards shall 110.134 Portland Harbor, Maine.
be left between Anchorage A and the (a) The anchorage grounds(1) An-
Special Anchorage Area for vessels en- chorage A (general). Beginning at lati-
tering or departing facilities in the vi- tude 433937 N, longitude 0701435 W;
cinity of Atlantic Point. Any vessel an- thence approximately 090 for 1550
chored in these anchorages shall be ca- yards to Fort Gorges Island Ledge
pable of moving and when ordered to Buoy 4; thence 350 for 300 yards;
move by the Captain of the Port shall thence 025 for 780 yards; thence 303 for
do so with reasonable promptness. 750 yards; thence 254 for 560 yards;
(3) All other vessels within the Rock- thence 186 for 750 yards and thence to
land Harbor area are prohibited from the point of beginning.
anchoring within 300 yards or oper- (2) Anchorage B (generalprimarily in-
ating within 100 feet of any navy yard, tended for deep draft vessels). Beginning
shipbuilding plant, power plant, oil ter- at Fort Gorges Island Ledge Buoy 4;
minal, marine terminal, munitions thence 062 to Little Diamond Island;
plant, military or naval arsenal or thence along the southwestern shore to
depot, warehouse, or freight pier with- the pier on the southern end of Little
out permission from the Captain of the Diamond Island; 133 for 1200 yards; 270
Port, Rockland, Maine, or his author- to House Island Light; thence along the
ized representative. western shore of House Island to Fort
[CGFR 6746, 32 FR 17728, Dec. 12, 1967. Redes- Scammel Point Light; thence 325 for
ignated by CGD0102027, 67 FR 68518, Nov. 1700 yards to the point of beginning.
12, 2002; CGD0102129, 68 FR 44888, July 31, (3) Anchorage C. Bounded on the
2003] northwest by House Island; on the
452
north by a line running 90 from House (b) [Reserved]

Island Light to Peak Island; on the [CGD190064, 56 FR 12120, Mar. 22, 1991. Re-
east by the western shore of Peak Is- designated by CGD0102027, 67 FR 68518,
land, by a line running 198 from the Nov. 12, 2002]
westernmost point on Peak Island to
Cushing Island, and by the shore of 110.138 Boston Harbor, Mass.
Cushing Island to its westernmost (a) The anchorage grounds(1) Bird Is-
point; and on the southwest by a line land Anchorage. Beginning at a point
running from the westernmost point on bearing 93, 1,400 yards, from the aerial
Cushing Island to Fort Scammel Point beacon on top of the Boston Custom
Light. House tower; thence to a point bearing
(b) The regulations. (1) Anchorage B is 81, 1,600 yards, from the aerial beacon
intended for general purposes, but espe- on top of the Boston Custom House
tower; thence to a point bearing 102,
cially for use by oil tankers and other
3,100 yards, from the aerial beacon on
large deep-draft ships entering harbor
top of the Boston Custom House tower;
at night and intending to proceed to thence to a point bearing 109, 3,050
the dock allotted at daylight the fol- yards, from the aerial beacon on top of
lowing morning or as soon as prac- the Boston Custom House tower; and
ticable. This area is also to be used for thence to the point of beginning.
quarantine anchorage. Vessels must be (2) President Roads Anchorage(i) 40-
so anchored in this area as to leave at foot anchorage. Beginning at a point
all times an open usable channel at bearing 237, 522 yards from Deer Island
least 100 feet wide for passage of ferry Light; thence to a point bearing 254,
and other boats between Portland, 2,280 yards from Deer Island Light;
Peak Island, and Bay Points. Any ves- thence to a point bearing 261, 2,290
sels anchored in this area shall be yards from Deer Island Light; thence
ready to move on short notice when or- to a point bearing 278, 2,438 yards from
dered to do so by the Captain of the Deer Island Light; thence to a point
Port. bearing 319, 933 yards from Deer Island
(2) Anchorage C is intended for use Light; thence to a point bearing 319,
only by small vessels and for tem- 666 yards from Deer Island Light; and
porary anchorage. thence to point of beginning.
(ii) 35-foot anchorage. Beginning at a
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
point bearing 256, 2,603 yards from
amended by CGD 831R, 48 FR 56578, Dec. 22, Deer Island Light; thence to a point
1983. Redesignated by CGD0102027, 67 FR bearing 25830, 3,315 yards from Deer Is-
68518, Nov. 12, 2002] land Light; thence to a point bearing
264, 3,967 yards from Deer Island Light;
110.136 Lake Champlain, NY and VT. thence to a point bearing 261, 2,290
yards from Deer Island Light; and
(a) Burlington Harbor, Vt. (1) The wa-
thence to point of beginning.
ters bounded by a line connecting the
(3) Long Island Anchorage. East of
following points: Long Island, bounded as follows: Begin-
442826.9 N 731331.9 W ning at the southwesternmost point of
442826.4 N 731325.6 W Gallups Island; thence 270 to Long Is-
442822.0 N 731324.6 W land; thence southerly along the east-
442812.0 N 731332.5 W ern shore line of Long Island to Bass
Point; thence to the northernmost
and thence along the breakwater to the
point of Rainsford Island; thence to
point of the beginning. These positions
Georges Island Gong Buoy 6; and
have been converted to North Amer- thence to the point of beginning.
ican Datum 83. (4) Castle Island Anchorage. Bounded
(2) No vessel greater than 35 feet in on the north by Castle Island and adja-
length may use this anchorage and no cent land; on the east by a line between
vessel may remain at anchor longer Castle Rocks Fog Signal Light and Old
than 7 days in any period unless spe- Harbor Shoal Buoy 2; on the southeast
cifically permitted to do so by the City by a line between Old Harbor Shoal
of Burlington, Harbormaster. Buoy 2 and Old Harbor Buoy 4; and on
453
110.140 33 CFR Ch. I (7112 Edition)
the west by a line running due north Anchorage C. West of a line parallel to
from Old Harbor Buoy 4 to the shore and 850 feet westward from the center-
line at City Point. line of Cleveland Ledge Channel; north
(5) Explosives anchorage. In the lower of a line bearing 129 from the tower on
harbor, bounded on the northeast by a Bird Island; east of a line bearing 2530
line between the northeast end of and passing through Bird Island Reef
Peddocks Island and the northeast end Bell Buoy 13; and south of a line bear-
of Rainsford Island; on the northwest ing 270 from Wings Neck Light. Each
by Rainsford Island; on the southwest vessel must obtain permission to pro-
by a line between the western extrem- ceed to Anchorage C from the U.S.
ity of Rainsford Island and the west- Army Corps of Engineers Cape Cod
ernmost point of Peddocks Island; and Canal Control traffic controller.
on the southeast by Peddocks Island. (2) Anchorage D. Beginning at a point
(b) The regulations. (1) The Captain of bearing 185, 1,200 yards, from Hog Is-
the Port may authorize the use of the land Channel 4 Light; thence 129 to a
President Roads Anchorage as an ex- point bearing 209, approximately 733
plosives anchorage when he finds that yards, from Wings Neck Light; thence
the interests of commerce will be pro- 209 to Southwest Ledge Buoy 10;
moted and that safety will not be prej- thence 199 along a line to its intersec-
udiced thereby. Vessels anchored in tion with a line bearing 129 from the
this area shall move promptly upon no- tower on Bird Island; thence 309 to a
tification by the Captain of the Port. point 850 feet easterly, right angle dis-
(2) In the Long Island Anchorage ves- tance, from the centerline of Cleveland
sels shall anchor in the position des- Ledge Channel; thence northeasterly
ignated by the Captain of the Port. along a line parallel to and 850 feet
(3) Floats or buoys for marking an- eastward from the centerline of Cleve-
chors or moorings in place will be al- land Ledge Channel to its intersection
lowed in all areas. Fixed mooring piles with a line bearing 218 30 from the
or stakes are prohibited. point of beginning; thence 3830 to the
[CGFR 6746, 32 FR 17728, Dec. 12, 1967. Redes- point of beginning. Each vessel must
ignated by CGD0102027, 67 FR 68518, Nov. obtain permission to proceed to An-
12, 2002] chorage D from the U.S. Army Corps of
Engineers Cape Cod Canal Control traf-
110.140 Buzzards Bay, Nantucket fic controller.
Sound, and adjacent waters, Mass. (3) Anchorage L. The area of water
(a) New Bedford Outer Harbor(1) An- bounded by lines connecting the fol-
chorage A. West of Sconticut Neck, and lowing points: 413011 N, 0704810 W
shoreward of a line described as fol- to 413046 N, 0704845 W, to 413224 N,
lows: Beginning at a point 100 yards 0704550 W to 413148 N, 0704515 W
southwest of Fort Phoenix Point; and thence to start.
thence 154 along a line which passes (4) Anchorage M(west side). The
100 yards east of New Bedford Channel waters bounded by a line connecting
Buoys 8, 6, and 4, to a point bearing ap- the following points: 413535N/7044
proximately 130, 225 yards, from New 47W to 413624N/704553W to 413500N/
Bedford Channel Buoy 4; thence 87, 340 704753W to 413412N/704647W and
yards; thence 156 along a line approxi- thence to the beginning
mately one mile to its intersection (5) Each vessel that anchors in these
with a line ranging 87 from the cupola anchorages must notify the U.S. Army
on Clarks Point; thence 87 to Corps of Engineers Cape Cod Canal
Sconticut Neck. Control traffic controller when it an-
(2) Anchorage B. All waters bounded chors, and provide the vessels name,
by a line beginning at 413642.3 N, length, draft, cargo, and its position.
0705424.9 W; thence to 413655.5 N, (6) Each vessel anchored in these an-
0705406.6 W; thence to 413613.6 N, chorages must notify U.S. Army Corps
0705340.2 W; thence to 413611.1 N, of Engineers Cape Cod Canal Control
0705407.6 W; thence along the shore- traffic controller when it weighs an-
line to the beginning point. chor.
(b) Buzzards Bay near entrance to ap- (7) No vessel may anchor unless it
proach channel to Cape Cod Canal(1) maintains a bridge watch, guards and
454
answers Channel 16 FM, and maintains (4) Anchorage H. In the vicinity of

an accurate position plot. Squash Meadow shoal, east of a line
(8) No vessel may anchor unless it ranging 163 through Squash Meadow
maintains the capability to get under- West End Buoy 21; north of lines par-
way within 30 minutes; except with allel to and 0.5 mile northerly from
prior approval of the Coast Guard Cap- lines joining Lone Rock Buoy 1, Outer
tain of the Port Southeastern New Flats Bell Buoy 17, and Cross Rip
England. Lightship; and south of a line ranging
(9) No vessel may anchor in a dead 97 from East Chop Light toward Cross
ship status (propulsion or control un- Rip Lightship.
available for normal operations) with- (5) Anchorage I. Northerly of a line
out the prior approval of the Coast ranging 109 from Nobska Point Light
Guard Captain of the Port South- toward Hedge Fence Lighted Horn and
eastern New England. Gong Buoy 16, and of a line ranging
(10) No vessel may conduct lightering 9730 through Hedge Fence East End
operations within these anchorages. Buoy to Halfmoon Shoal Lighted Bell
Buoy 12, thence 73 to Handkerchief
(c) Vineyard and Nantucket Sounds
Shoal Buoy 16, and thence to the west-
(1) Anchorage E. South of a line begin-
ernmost point of Monomoy Island.
ning at a point bearing 180 about 3.25
(6) Anchorage J. East of a line bearing
miles from Cuttyhunk Light; thence
329, parallel to and 0.875 mile north-
65 to a point bearing 180, 0.625 mile
easterly of a line running from Brant
from Nashawena Lighted Whistle Buoy;
Point Light through Tuckernuck Shoal
thence 5730 passing 600 yards north-
Bell Buoy 7, from Coatue Beach to a
erly of Middle Ground Lighted Bell point 1.25 miles southeasterly from a
Buoy 25A, to a point bearing 145, 1.25 line between Halfmoon Shoal Lighted
miles from Nobska Point Light; south- Bell Buoy 12 and Handkerchief Shoal
west of a line ranging 113 through Buoy 16; thence 73, parallel to and 1.25
West Chop Buoy 25 to East Chop Flats miles southeasterly from a line run-
Bell Buoy 23; and west of a line bearing ning from Halfmoon Shoal Lighted Bell
163 between East Chop Flats Bell Buoy Buoy 12 through Handkerchief Shoal
23 and Lone Rock Buoy 1; and north- Buoy 16, to a point bearing 215 from
erly of a line bearing 269 between Lone Stone Horse North End Lighted Bell
Rock Buoy 1 and a point on the main- Buoy 9; thence 35 to Stone Horse
land at Oak Bluffs about 0.30 mile North End Lighted Bell Buoy 9; thence
southerly of Oak Bluffs Wharf. 70 to a point bearing 207 from Pollock
(2) Anchorage F. Southeast of the Rip Lightship; and thence 27 through,
Elizabeth Islands, north of a line rang- and to a point 5.0 miles northeasterly
ing 9730 from Cuttyhunk Light toward from, Pollock Rip Lightship.
Nashawena Lighted Whistle Buoy to a (7) Anchorage K. North of a line tan-
point 0.375 mile from that buoy; north- gent to the southeasterly edge of
west of a line bearing 5730 from the Monomoy Point and extending to
last-named point to a point opposite Bearse Shoal North End Buoy 2A and
the entrance to Woods Hole; and southwest of a line bearing 7 from Bearse
west of a line from the shore of Shoal North End Buoy 2A to Chatham
Nonamesset Island bearing 114 and Bar Buoy 2.
ranging through West Chop Light and (d) The regulations. (1) Floats or
East Chop Light. buoys for marking anchors or moorings
(3) Anchorage G. South of a line be- in place will be allowed in all areas.
ginning at a point on the mainland at Fixed mooring piles or stakes are pro-
Oak Bluffs about 0.30 mile southerly of hibited.
Oak Bluffs Wharf bearing 89 to Lone (2) Except in cases of great emer-
Rock Buoy 1; thence 113 from Lone gency, no vessels shall be anchored in
Rock Buoy 1 to Outer Flats Bell Buoy New Bedford Outer Harbor, Buzzards
17; thence 86 to Cross Rip Lightship; Bay near the entrance to the approach
thence 11830 to Tuckernuck Shoal channel to Cape Cod Canal, or Vine-
Bell Buoy 7; thence ranging 149 toward yard and Nantucket Sounds, outside of
Brant Point Light to the breakwater at the anchorage areas defined in para-
Brant Point. graphs (a) to (c) of this section.
455
110.142 33 CFR Ch. I (7112 Edition)
(3) Anchors must not be placed out- 411655, longitude 700531; thence
side the anchorage areas, nor shall any northeasterly to latitude 411707.5,
vessel be so anchored that any portion longitude 700527; thence northeast-
of the hull or rigging will at any time erly to the point of beginning.
extend outside the boundaries of the (b) The regulations. The anchorage is
anchorage area. for the use of commercial and pleasure
(4) Any vessel anchoring under the craft. Temporary floats or buoys for
circumstances of great emergency out- marking anchors or moorings in place
side any anchorage area must be placed will be allowed. Fixed mooring piles or
near the edge of the channel and in stakes are prohibited. The anchoring of
such position as not to interfere with vessels including the placing of anchors
the free navigation of the channel, nor and moorings is subject to the super-
obstruct the approach to any pier nor vision and approval of the local harbor
impede the movement of any boat, and master.
shall move away immediately after the
emergency ceases or upon notification 110.145 Narragansett Bay, R.I.
by an officer of the Coast Guard. (a) East Passage(1) Anchorage A.
(5) A vessel upon being notified to East of Conanicut Island, beginning at
move into the anchorage limits or to the easterly extremity of the Dump-
shift its position in anchorage grounds lings; extending 9 to a point at lati-
must get under way at once or signal tude 412928, longitude 712105.5;
for a tug, and must change position as thence 356 for 5,350 feet; thence 24 for
directed with reasonable promptness. 5,700 feet; thence 12 for 1,100 feet;
(6) Whenever the maritime or com- thence 31130 for 2,300 feet; thence 351
mercial interests of the United States for 5,350 feet; thence 270 for 3,200 feet
so require, any officer of the Coast to the easterly side of Conanicut Is-
Guard is hereby empowered to shift the land; thence generally along the eas-
position of any vessel anchored within terly side of the island to a point on
the anchorage areas, of any vessel an- the easterly side of the island due west
chored outside the anchorage areas, of the Dumplings; and thence due east
and of any vessel which is so moored or to the point of beginning; excluding the
anchored as to impede or obstruct ves- approach of the Jamestown Ferry, a
sel movements in any channel. zone 900 feet wide to the southward of
(7) Nothing in this section shall be a line ranging 103 from a point, 300
construed as relieving the owner or feet north of the existing ferry landing
person in charge of any vessel from the toward the spire of Trinity Church,
penalties of the law for obstructing Newport.
navigation or for obstructing or inter- (i) That portion of the area to the
fering with range lights, or for not northward of the approach of the
complying with the navigation laws in Jamestown Ferry shall be restricted
regard to lights, fog signals, or for oth- for the anchorage of vessels of the U.S.
erwise violating the law. Navy. In that portion of the area to the
southward of the approach of the
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGD1 90125, 56 FR 22644, May 16, Jamestown Ferry, the requirements of
1991; 56 FR 40360, Aug. 14, 1991; CGD0104004, the Navy shall predominate.
70 FR 2355, Jan. 13, 2005; USCG200625556, 72 (ii) Temporary floats or buoys for
FR 36327, July 2, 2007; USCG20101119, 76 FR marking anchors or moorings in place
35744, June 20, 2011] shall be allowed in this area. Fixed
mooring piles or stakes will not be al-
110.142 Nantucket Harbor, Mass. lowed.
(a) The anchorage grounds. In the (2) Anchorage B. Off the west shore of
Nantucket Harbor, beginning at a Aquidneck Island to north of
point 210 yards, 90, from Brant Point Coggeshall Point, northerly of a line
Light; thence easterly to latitude ranging 075 from a point on the eas-
411723, longitude 700514.5; thence terly end of Gould Island, latitude
southerly to latitude 411703, lon- 413213, longitude 712040.5, toward
gitude 700514.5; thence southwesterly the shore of Aquidneck Island; east of a
to latitude 411654, longitude 700523; line ranging 019 from the easternmost
thence northwesterly to latitude of the Dumplings to latitude 413616,
456
longitude 711748; thence northeast to (i) [Reserved]

latitude 413653, longitude 711707.5; (ii) West of Coasters Harbor Island,
thence east to latitude 413653, lon- west of a line bearing 351 from Tracey
gitude 711640; thence southwesterly Ledge Buoy 5 through Seventeen-foot
to latitude 413554, longitude Spot Buoy northeast of Gull Rocks;
711717.5; thence southeasterly to the south of a line bearing 292 from the cu-
shore at the easterly end of the north pola at the Naval War College; east of
boundary of the cable area in the vicin- a line ranging 19 from the easternmost
ity of Coggeshall Point; excluding the of The Dumplings toward Dyer Island
cable area in the vicinity of Coggeshall North Point Shoal Lighted Bell Buoy
Point. 12A; and north of latitude 413022
(i) Anchorage B1. Off the southerly which parallel passes through a point
end of Prudence Island beginning at a 230 yards north of Rose Island Shoal
point at latitude 413408.9, longitude Northeast End Buoy 8.
711925.8; thence 19 for 1,900 feet; (iii) In this area the requirements of
thence 289 for 1,900 feet; thence 199 for the Navy shall predominate.
1,900 feet; thence 109 for 1,900 feet to (iv) Temporary floats or buoys for
the point of beginning. marking anchors or moorings in place
(a) In this area the requirements of will be allowed in this area. Fixed
the Navy shall predominate. mooring piles or stakes will not be al-
(b) Temporary floats or buoys for lowed.
marking anchors or moorings in place (4) Anchorage D. West of Goat Island,
will be allowed in this area. Fixed an area bounded by the following co-
mooring piles or stakes will not be al- ordinates:
lowed. Northeast Corner: 4129.484 N,
(ii) Anchorage X1, Naval explosives 07119.975 W
and ammunition handling anchorage. Northwest Corner: 4129.484 N,
The waters of Narragansett Bay north- 07120.578 W
easterly of Gould Island within a circle Southwest Corner: 4129.005 N,
having a radius of 500 yards with its 07120.578 W
center at latitude 413318, longitude Southeast Corner: 4129.005 N,
712003. 07119.975 W
(a) This area will be used for anchor- (i) In this area the requirements of
ing naval vessels carrying or transfer- the Navy shall predominate from May 1
ring ammunition or explosives under to October 1, subject at all times to
standard military restrictions as estab- such adjustments as may be necessary
lished by the Safety Manual, Armed to accommodate all classes of vessels
Services Explosive Board. Explosives which may require anchorage room.
or dangerous materials include inflam- (ii) Temporary floats or buoys for
mable liquid or inflammable solids, marking anchors or moorings in place
oxidizing materials, corrosive liquids, will be allowed in this area. Fixed
compressed gases and poisonous sub- mooring piles or stakes will not be al-
stances. lowed.
(b) No vessel shall anchor within 500 (iii) Should any part of an anchored
yards of the explosive anchorage area vessel extend into the recommended
when occupied by vessels carrying ex- vessel route in the East Passage of
plosives. Narragansett Bay, a securite call noti-
(c) No more than 2,000 tons Net High fying mariners of the vessels exact po-
Explosives limit will be handled in the sition and status shall be made at least
anchorage area. hourly on VHF channels 13 and 16.
(d) No vessel shall be so anchored in (iv) As much as practicable vessels
the anchorage that it will at any time anchoring will do so in the following
extend beyond the limits of the area. order:
(e) Naval vessels anchoring in the (A) Primary anchoring point: 4129.25
area will display the proper signals, N, 07120.15 W
and will be under the supervision of the (B) Secondary anchoring point:
Commander, U.S. Naval Base, Newport, 4129.38 N, 07120.45 W
Rhode Island. (C) Tertiary anchoring point: 4129.15
(3) Anchorage C. N, 07120.50 W
457
110.145 33 CFR Ch. I (7112 Edition)
Note to paragraph (a): Anchoring point 108 toward Dutch Island Light and the
is the intended position of the anchor at rest north end of the wharf at Beaver Head.
on the bottom of the anchorage. All coordi-
(i) Temporary floats or buoys for
nates referenced use datum: NAD 83.
marking anchors or moorings in place
(5) Anchorage E. South of Coasters
will be allowed in this area. Fixed
Harbor Island, east of a line bearing
341 from the outer end of Briggs Wharf
lowed.
to the southwestern shore of Coasters
Harbor Island near the War College (4) Anchorage K. In the central and
Building; and north of a line ranging southern portion of Dutch Island Har-
265 from the flagstaff at Fort Greene bor, north of a line ranging 106 from
toward Rose Island Light. Beaver Head Point Shoal Buoy 2 to-
(i) In this area the requirements of ward the Jamestown standpipe; east of
the naval service will predominate a line ranging 14 from Beaver Head
from May 1 to October 1, but will at all Point Shoal Buoy 2 toward the inshore
times be subject to such adjustment as end of the engineer wharf, Dutch Is-
may be necessary to accommodate all land; southeast of a line ranging 50
classes of vessels that may require an- from Dutch Island Light toward the
chorage room. windmill north of Jamestown; and
(ii) Temporary floats or buoys for south of a line parallel to and 100 yards
marking anchors or moorings in place southwesterly from a line ranging 132
will be allowed in this area. Fixed from the engineer wharf, Dutch Island,
mooring piles or stakes will not be al- and the west ferry wharf, Jamestown.
lowed. (i) Temporary floats or buoys for
(b) West Passage(1) Anchorage H. marking anchors or moorings in place
North of a line 1,000 yards long bearing will be allowed in this area. Fixed
88 from Bonnet Point; west of a line mooring piles or stakes will not be al-
bearing 3 from the eastern end of the lowed.
last-described line; and south of a line (5) Anchorage L. North of a line rang-
ranging 302 through a point 200 yards ing 101 from a point on shore 300 yards
south of the Kearny wharf toward the northerly of the Saunderstown ferry
church spire at South Ferry, Boston wharf toward the entrance to Round
Neck. Swamp, Conanicut Island; west of a
(i) Temporary floats or buoys for line bearing 15 parallel to and 1,000
marking anchors or moorings in place feet westerly from a line joining the
will be allowed in this area. Fixed western point of Dutch Island and
mooring piles or stakes will not be al- Twenty-three Foot Rock Buoy 4, and a
lowed. line ranging 6 from Dutch Island Light
(2) Anchorage I. North of a line 1,000 toward Warwick Light; and south of a
yards long bearing 88 from Bonnet line ranging 290 from Sand Point,
Point to the shore at Austin Hollow; Conanicut Island, to Wickford Harbor
east of a line bearing 183 from Dutch Light, and a line bearing 226 from
Island Light; and south of a line rang- Wickford Harbor Light to Poplar Point
ing 302 through a point 200 yards south tower.
of the Kearny wharf toward the church (i) Temporary floats or buoys for
spire at South Ferry, Boston Neck. marking anchors or moorings in place
(i) Temporary floats or buoys for will be allowed in this area. Fixed
marking anchors or moorings in place mooring piles or stakes will not be al-
will be allowed in this area. Fixed lowed.
mooring piles or stakes will not be al- (6) Anchorage M. East and north of
lowed. Dutch Island, northeast of a line rang-
(3) Anchorage J. At Saunderstown, ing 316 from the inshore end of the
south of a line ranging 110 from the west ferry wharf, Jamestown, toward
south side of the ferry wharf toward the north end of Dutch Island to a
the cable crossing sign on Dutch Is- point bearing 88, 200 yards, from the
land; west of a line ranging 192 from engineer wharf, Dutch Island, thence
Plum Beach Shoal Buoy 1 PB toward ranging 3 toward the shore of
the east shore of The Bonnet; and Conanicut Island at Slocum Ledge;
north of a line from the shore ranging north of a line 200 yards off the Dutch
458
Island shore ranging 281 from the en- (3) Any vessel anchoring under the
trance to Round Swamp toward a point circumstances of great emergency out-
on shore 300 yards northerly from the side the anchorage areas must be
Saunderstown ferry wharf; east of a placed near the edge of the channel and
line ranging 15 from the western point in such position as not to interfere
of Dutch Island to Twenty-three Foot with the free navigation of the chan-
Rock Buoy 4; and south of a line bear- nel, nor obstruct the approach to any
ing 77 from Twenty-three Foot Rock pier, nor impede the movement of any
Buoy 4 to the shore. boat, and shall move away imme-
(i) Temporary floats or buoys for diately after the emergency ceases, or
marking anchors or moorings in place upon notification by an officer of the
will be allowed in this area. Fixed Coast Guard.
mooring piles or stakes will not be al- (4) A vessel upon being notified to
lowed. move into the anchorage limits or to
(7) Anchorage N. West of the north shift its position on anchorage grounds
end of Conanicut Island, south of a line must get under way at once or signal
bearing 262 from Conanicut Island for a tug, and must change position as
Light; east of a line bearing 8 from directed with reasonable promptness.
Twenty-three Foot Rock Buoy 4; and (5) Whenever the maritime or com-
north of a line ranging 290 from Sand mercial interests of the United States
Point toward Wickford Harbor Light. so require, any officer of the Coast
(i) Temporary floats or buoys for Guard is hereby empowered to shift the
marking anchors or moorings in place position of any vessel anchored within
will be allowed in this area. Fixed the anchorage areas, of any vessel an-
mooring piles or stakes will not be al- chored outside the anchorage areas,
lowed. and of any vessel which is so moored or
(c) Bristol Harbor(1) Anchorage O. anchored as to impede or obstruct ves-
South of the south line of Franklin sel movements in any channel.
Street extended westerly; west of a line (6) Nothing in this section shall be
bearing 16430 parallel to and 400 feet construed as relieving the owner or
westerly from the State harbor line be- person in charge of any vessel from the
tween Franklin and Constitution penalties of the law for obstructing
Streets, and of a line ranging 244 from navigation or for obstructing or inter-
a point on the north line of Constitu- fering with range lights, or for not
tion Street extended 400 feet beyond complying with the navigation laws in
the State harbor line toward Usher regard to lights, fog signals, or for oth-
Rock Buoy 3; and north of the north erwise violating the law.
line of Union Street extended to the
[CGFR 6746, 32 FR 17728, Dec. 12, 1967]
Popasquash Neck shore.
(i) Temporary floats or buoys for EDITORIAL NOTE: For FEDERAL REGISTER ci-
marking anchors or moorings in place tations affecting 110.145, see the List of CFR
will be allowed in this area. Fixed Sections Affected, which appears in the
lowed.
(d) The regulations. (1) Except in cases 110.146 Long Island Sound.
of great emergency, no vessel shall be
anchored in the entrances to Narragan- (a) Anchorage grounds.
sett Bay, in Newport Harbor, or in (1) Bridgeport Anchorage Ground. That
Bristol Harbor, outside of the anchor- portion of Long Island Sound enclosed
age areas defined in paragraphs (a), (b) by a line connecting the following
and (c) of this section. points:
(2) Anchors must not be placed out- Latitude Longitude
side the anchorage areas, nor shall any
vessel be so anchored that any portion 410452 N ........................... 731404 W; thence to
410345 N ........................... 731404 W; thence to
of the hull or rigging shall at any time 410345 N ........................... 731139 W; thence to
extend outside the boundaries of the 410250 N ........................... 731208 W; thence to
anchorage area. However, Anchorage D 410250 N ........................... 731618 W; thence to
(paragraph (a)(4) of this section) is ex- 410452 N ........................... 731618 W; returning to
point of origin.
empt from this requirement.
459
110.146 33 CFR Ch. I (7112 Edition)
(2) New Haven North Anchorage by a line connecting the following

Ground. That portion of Long Island points:
Sound enclosed by a line connecting
the following points: Latitude Longitude
410300 N ........................... 0724200 W; thence to

Latitude Longitude
410400 N ........................... 0723600 W; thence to
411218 N ........................... 725236 W; thence to 410200 N ........................... 0723524 W; thence to
411218 N ........................... 724936 W; thence to 410124 N ........................... 0724124 W; returning to
411012 N ........................... 724818 W; thence to point of origin.
411012 N ........................... 725212 W; thence to
411106 N ........................... 725306 W; returning to
point of origin.
(8) All coordinates referenced use
datum: NAD 83.
(3) New Haven South Anchorage (b) General regulations.
Ground. That portion of Long Island (1) These anchorages are designated
Sound enclosed by a line connecting for general purposes, but are intended
the following points: primarily for use by commercial ves-
sels of 300 gross tons and greater and
Latitude Longitude all tank vessels including tank barges.
410930 N ........................... 724748 W; thence to Except in emergencies, commercial
410836 N ........................... 724724 W; thence to vessels of 300 gross tons and greater
410836 N ........................... 725124 W; thence to and all tank vessels, including tank
410930 N ........................... 725124 W; returning to
point of origin. barges, anchoring in the Captain of the
Port Long Island Sound Zone inside
(4) New London Anchorage Ground. the line of demarcation shall anchor in
That portion of Long Island Sound en- the anchorage grounds described above.
closed by a line connecting the fol- (2) Prior to anchoring in the anchor-
lowing points: age area, all vessels shall notify the
Coast Guard Captain of the Port via
Latitude Longitude
VHFFM Channel 16.
411411 N ........................... 0721538 W; thence to (3) In anchorages where lightering
411505 N ........................... 0721602 W; thence to and bunkering operations are author-
411539 N ........................... 0721321 W; thence to
411445 N ........................... 0721257 W; returning to
ized, the Captain of the Port must be
point of origin. notified at least four hours in advance
of a vessel conducting lightering or
(5) Northport Anchorage Ground. That bunkering operations, as required by
portion of Long Island Sound enclosed 156.118 of this title. In addition, all
by a line connecting the following lightering and bunkering operations
points: must be done in accordance with 156.120
of this title.
Latitude Longitude
(4) Within an anchorage, navigation
405848 N ........................... 0731630 W; thence to is prohibited within 500 yards of an an-
405742 N ........................... 0731142 W; thence to chored vessel that is conducting bun-
405630 N ........................... 0731330 W; thence to
405736 N ........................... 0731812 W; returning to kering or lightering operations. In ac-
point of origin. cordance with the Regulated Naviga-
tion Area: Long Island Sound Marine
(6) Port Jefferson Anchorage Ground. Inspection and Captain of the Port
That portion of Long Island Sound en- Zone, 33 CFR 165.153(d)(7), navigation
closed by a line connecting the fol- also is prohibited within 100 yards of a
lowing points: vessel engaged in commercial service.
Latitude Longitude
(5) Any vessel conducting lightering
or bunkering operations shall display
410148 N ........................... 0730454 W; thence to by day a red flag at its mast head or at
410148 N ........................... 0730000 W; thence to
410018 N ........................... 0730000 W; thence to
least 10 feet above the upper deck if the
410018 N ........................... 0730454 W; returning to vessel has no mast, and by night the
point of origin. flag must be illuminated by spotlight.
These signals shall be in addition to
(7) Riverhead Anchorage Ground. That day signals, lights, and whistle signals
portion of Long Island Sound enclosed required by rules 30 (33 U.S.C. 2030) and
460
35 (33 U.S.C. 2035) of the Inland Naviga- other times as deemed necessary in the
tion Rules when at anchor in a general interest of port safety and security.
anchorage area. (13) Any vessel anchored in these
(6) Except as otherwise provided, a grounds must be capable of getting un-
vessel may not occupy an anchorage derway if ordered by the Captain of the
for more than 30 days, unless the vessel Port and must be able to do so within
obtains written permission from the two (2) hours of notification by the
Captain of the Port. Captain of the Port. If a vessel will not
(7) If a request is made for the long- be able to get underway within two (2)
term lay up of a vessel, the Captain of hours of notification, permission must
the Port may establish special condi- be requested from the Captain of the
tions with which the vessel must com- Port to remain in the anchorage. No
ply in order for such a request to be ap- vessel shall anchor in a dead ship
status (propulsion or control unavail-
proved.
able for normal operations) without
(8) The Captain of the Port may pre- prior approval of the Captain of the
scribe specific conditions for vessels Port.
anchoring within the anchorage (14) Fixed moorings, piles or stakes
grounds described in this section, pur- are prohibited.
suant to 33 CFR 109.05. These condi-
tions may include, but are not limited [USCG20080171, 75 FR 76277, Dec. 8, 2010]
to: The number and location of an-
110.147 New London Harbor, Conn.
chors; scope of chain; readiness of the
engineering plant and equipment; use (a) The anchorage grounds(1) An-
of tugs; and requirements for maintain- chorage A. In the Thames River east of
ing communication guards on selected Shaw Cove, bounded by lines con-
radio frequencies. necting points which are the following
(9) No vessel in such condition that it bearings and distances from Monu-
is likely to sink or otherwise become a ment, Groton (latitude 412118 N., lon-
menace or obstruction to navigation or gitude 720448 W.): 243, 1,400 yards;
246, 925 yards; 217, 1,380 yards; and
anchorage of other vessels shall occupy
235, 1,450 yards.
an anchorage, except in cases where
(2) Anchorage B. In the Thames River
unforeseen circumstances create condi-
southward of New London, bounded by
tions of imminent peril to personnel,
lines connecting points which are the
and then only for such period as may following bearings and distances from
be authorized by the Captain of the New London Harbor Light (latitude
Port. 411859 N., longitude 720525 W.): 002,
(10) All vessels anchored within the 2,460 yards; 009, 2,480 yards; 026, 1,175
designated anchorage grounds shall yards; and 008, 1,075 yards.
comply with the regulations found in (3) Anchorage C. In the Thames River
33 CFR 164.19 and shall maintain a con- southward of New London Harbor,
tinuous bridge watch by a licensed bounded by lines connecting a point
deck officer proficient in English, mon- bearing 100, 450 yards from New Lon-
itoring VHFFM Channel 16. This indi- don Harbor Light, a point bearing 270,
vidual shall confirm that the ships 575 yards from New London Ledge
crew performs frequent checks of the Light (latitude 411821 N., longitude
vessels position to ensure the vessel is 720441 W.), and a point bearing 270,
not dragging anchor. A second VHF 1,450 yards from New London Ledge
FM radio monitoring Channel 13 is Light.
strongly recommended. (4) Anchorage D. In Long Island
(11) Anchors shall be placed well Sound approximately two miles west-
within the anchorage grounds so that southwest of New London Ledge Light,
no portion of the hull or rigging will at bounded by lines connecting points
any time extend outside of the anchor- which are the following bearings and
age area. distances from New London Ledge
(12) The Coast Guard Captain of the Light: 246, 2.6 miles; 247, 2.1 miles;
Port may close the anchorage area and 233, 2.1 miles; and 235, 2.6 miles.
direct vessels to depart the anchorage (5) Anchorage E. The waters at the
during periods of adverse weather or at mouth of New London Harbor one mile
461
110.148 33 CFR Ch. I (7112 Edition)
southeast of New London Ledge Light (b) The regulations. The anchorage is
beginning at latitude 411726 N., lon- for use by commercial and pleasure
gitude 720421 W.; thence northeast- craft. Temporary floats or buoys for
erly to latitude 411738 N., longitude marking anchors or moorings will be
720354 W.; thence southeasterly to allowed. The anchoring of vessels and
latitude 411650 N., longitude 720316 placing of temporary anchors or moor-
W.; and thence southwesterly to lati- ing piles are under the jurisdiction of
tude 411638 N. longitude 720343 W.; the local harbor master. Fixed mooring
and thence northwesterly to the point piles or stakes will not be allowed.
of beginning.
(6) Anchorage F. The waters off the 110.150 Block Island Sound, N.Y.
mouth of New London Harbor two (a) The anchorage ground. A 34- by 2-
miles southeast of New London Ledge mile rectangular area approximately 3
Light beginning at latitude 411600 N., miles east-northeast of Gardiners Is-
longitude 720313 W.; thence westerly land with the following coordinates:
to latitude 411600 N., longitude latitude 410612 N., longitude 720005
720338 W.; thence northerly to lati- W., latitude 410740 N., longitude
tude 411635 N., longitude 720338 W.; 720154 W.; latitude 410812 N., lon-
thence easterly to latitude 411635 N., gitude 720110 W.; latitude 410646 N.,
longitude 720313 W.; and thence longitude 715918 W.
southerly to the point of beginning. (b) The regulations. This anchorage
(b) The regulations(1) Anchorage A ground is for use of U.S. Navy sub-
is for barges and small vessels drawing marines. No vessel or person may ap-
less than 12 feet. proach or remain within 500 yards of a
(2) Anchorage F is reserved for the U.S. Navy submarine anchored in this
use of naval vessels and, except in anchorage ground.
cases of emergency, no other vessel [CGFR 70114A, 36 FR 5604, Mar. 25, 1971]
may anchor in Anchorage F without
permission from the Captain of the 110.155 Port of New York.
Port, New London, CT. (a) Long Island Sound(1) Anchorage
(3) Except in emergencies, vessels No. 1. Southwest of a line between Nep-
shall not anchor in New London Harbor tune Island and Glen Island ranging
or the approaches thereto outside the from Aunt Phebe Rock Light and tan-
anchorages defined in paragraph (a) of gent to the north edge of Glen Island;
this section unless authorized to do so southwest of a line tangent to the
by the Captain of the Port. northeast edge of Glen Island and
[CGD3804A, 46 FR 48193, Oct. 1, 1981, as Goose Island breakwater; southwest of
amended by CGD3 8556, 51 FR 32318, Sept. 11, a line bearing southeasterly from the
1986] southwest end of Goose Island break-
water and on range with the south
110.148 Johnsons River at Bridge- gable of the Casino on the northeast
port, Conn.
end of Glen Island; west of a line rang-
(a) The anchorage grounds. In John- ing from the east edge of Goose Island
sons River, beginning at a point A breakwater to the west edge of the
latitude 411012.3, longitude 730950.2; north end of Hart Island; west of Hart
thence westerly to a point B latitude Island; and northwest of a line extend-
411012.3, longitude 730952.1; thence ing from Hart Island Light to Locust
southwesterly to point C latitude Point; excluding from this area, how-
411010, longitude 730954.9; thence ever, (i) the waters northeast of a line
south southwesterly to point D lati- ranging 303 from the southwest end of
tude 411005, longitude 730956.1; Hart Island; northwest of a line rang-
thence southeasterly to point E lati- ing from the water tank at the north
tude 411004, longitude 730955.9; end of Davids Island 20740 to the
thence northeasterly to point F lati- northwest end of City Island; and south
tude 411005, longitude 730954.5; of latitude 405212; and (ii) the waters
thence northerly to point G latitude west of Hunter Island; and south of a
411005.8, longitude 730954.5; thence line ranging from the most southerly
northeasterly to the point of begin- end of Glen Island tangent to the most
ning. northerly end of Hunter Island.
462
(i) Boats shall not anchor in this area NOTE: Special anchorage areas in this an-
in buoyed channels. chorage are described in 110.60.
(ii) Boats shall be so anchored as to (7) Anchorage No. 5. In Little Neck
leave at all times an open, usable chan- Bay; and east of a line ranging from
nel, at least 50 feet wide, west and Fort Totten flagpole to Hart Island
south of Glen Island. Light; and south of Anchorage No. 4.
NOTE: Special anchorage areas in this an- NOTE: Special anchorage areas in this an-
chorage are described in 110.60. chorage are described in 110.60.
(2) Anchorage No. 1A. Southwest of a (b) East River(1) Anchorage No. 6. On
line ranging from Duck Point, Echo Hammond Flats north of a line bearing
Bay, through Bailey Rock Lighted 260 from the head of the pier on
Buoy 3 BR; northwest of a line ranging Throgs Neck at the foot of Pennyfield
from Hicks Ledge Buoy 2H to Old Tom Avenue to the north tower of Bronx-
Head Rocks Buoy 4; and north of a line Whitestone Bridge at Old Ferry Point.
ranging from Old Tom Head Rocks (2) Anchorage No. 7. South of a line
Buoy 4 to the southernmost point of from Whitestone Point to the outer end
Davenport Neck. of Willets Point Wharf.
(3) Anchorage No. 8. North of a line
NOTE TO PARAGRAPH (a)(2): The special an-
bearing 259 between the north tower of
chorage area in this anchorage is described
in 110.60. the Bronx-Whitestone Bridge at Old
Ferry Point and a point at latitude
(3) Anchorage No. 1B. West of a line 404757, longitude 735216; thence east
ranging from the point on the south- of a line bearing 0 to latitude 404806;
west side of the entrance to Horseshoe thence southeast of a line parallel to
Harbor, Larchmont, to Hicks Ledge the bulkhead extending northeasterly
Buoy 2H; north of a line ranging from to latitude 404820; thence north of a
Hicks Ledge Buoy 2H to Duck Point; line bearing 296 to shore.
and in Echo Bay north and west of the (4) Anchorage No. 9. East of a line
channel. from College Point Reef Light tangent
to the west side of College Point; and
NOTE TO PARAGRAPH (a)(3): The special an-
chorage area in this anchorage is described south of a line from College Point Reef
in 110.60. Light to Whitestone Point.
(5) Anchorage No. 10. An area in
(4) Anchorage No. 2. West of a line Flushing Bay, beginning at a point on
from Locust Point tangent to the shore at La Guardia Airport at latitude
northeasterly sea wall at Throgs Neck. 404649, longitude 735221; thence to
NOTE: Special anchorage areas in this an- latitude 404720, longitude 735155;
chorage are described in 110.60. and thence to a point on shore at Col-
lege Point at latitude 404738, lon-
(5) Anchorage No. 3. Northeast of a gitude 735115; and an area on the west
line from the south side of Barker side of Bowery Bay, beginning at a
Point to Gangway Rock Bell Buoy 27; point on shore at latitude 404658, lon-
southeast of a line from Gangway Rock gitude 735346; thence to latitude
Bell Buoy 27 to Sands Point Reef 404703, longitude 735339; thence to
Lighted Buoy 25; and southwest of a latitude 404700, longitude 735331;
line from Sands Point Reef Lighted thence to latitude 404655, longitude
Buoy 25 through Sands Point Light to 735332; and thence to a point on shore
Sands Point. at latitude 404649, longitude 735339.
(6) Anchorage No. 4. Manhassett Bay,
excluding the seaplane restricted area NOTE: Special anchorage areas in this an-
chorage are described in 110.60.
described in 207.35; and that portion of
Long Island Sound northeast of a line (6) Anchorage No. 11. An area in East
ranging from Stepping Stones Light River beginning at a point on a
through Elm Point Buoy 2 to Elm pierhead at latitude 404755, longitude
Point; southeast of a line ranging from 735319.5; thence to latitude 404740,
Stepping Stones Light to Gangway longitude 735158; and thence to a
Rock Bell Buoy 27; and southwest of point on shore at latitude 404716, lon-
Anchorage No. 3. gitude 735215.
463
110.155 33 CFR Ch. I (7112 Edition)
(7) [Reserved] (5) Anchorages No. 19 East and 19

(8) Anchorage No. 14. In Hallets Cove, West.
east of a line from a point on shore 100 (i) Anchorage No. 19 East. All waters
feet west of the southerly prolongation of the Hudson River bound by the fol-
of 2d Street, Astoria, to Gibbs Point. lowing points: 404942.6 N, 0735714.7
(c) Hudson River(1) Anchorage No. W; thence to 404945.9 N, 0735722.0 W;
16. North of a line on a range with the thence to 404952.0 N, 0735722.0 W;
north side of the north pier of the thence to 405008.3 N, 0735710.8 W;
Union Dry Dock and Repair Company thence to 405055.4 N, 0735659.7 W;
Shipyard, Edgewater, New Jersey; west thence to 405102.5 N, 0735657.4 W;
of a line ranging 25 from a point 120 thence to 405100.8 N, 0735649.4 W;
yards east of the east end of said pier thence along the shoreline to the point
to a point (500 yards from the shore and of origin.
915 yards from the Fort Lee flagpole) (ii) Anchorage No. 19 West. All wa-
on a line ranging approximately 10022 ters of the Hudson River bound by the
from the Fort Lee flagpole toward the following points: 404656.3 N,
square chimney on the Medical Center 0735942.2 W; thence to 404736.9 N,
Building at 168th Street, Manhattan; 0735911.7 W; thence to 404931.3 N,
and south of said line ranging between 0735743.8 W; thence to 404940.2 N,
the Fort Lee flagpole and the square 0735737.6 W; thence to 404952.4 N,
chimney on the Medical Center Build- 0735737.6 W; thence to 404957.7 N,
ing. 0735747.3 W; thence to 404932.2 N,
(i) When the use of Anchorage No. 16 0735812.9 W; thence to 404900.7 N,
is required by naval vessels, the vessels 0735833.1 W; thence to 404828.7 N,
anchored therein shall move when the 0735853.8 W; thence to 404738.2 N,
Captain of the Port directs them. 0735931.2 W; thence to 404702.7 N,
(2) Anchorage No. 17. North of a line 0735957.4 W; thence to the point of or-
bearing 66 from shore to a point at igin.
latitude 405134, longitude 735654; (iii) The following regulations apply
thence west of a line bearing 29 to lati- to 33 CFR 110.155(c)(5)(i) and (ii):
tude 405227, longitude 735616; thence (A) No vessel may conduct lightering
20 to latitude 405417, longitude operations in these anchorage grounds
735523; thence 15 to latitude 405620, without permission from the Captain of
longitude 735439; thence south of a the Port. When lightering is author-
line bearing 284 to shore. ized, the Captain of the Port New York
(i) When the use of Anchorage No. 17 must be notified at least four hours in
is required by naval vessels, the vessels advance of a vessel conducting
anchored therein shall move when the lightering operations as required by
Captain of the Port directs them. 156.118 of this title.
(3) Anchorage No. 18A. East of lines (B) Any vessel conducting lightering
bearing 8 from the northwest corner of or bunkering operations shall display
the crib icebreaker north of the New by day a red flag (46 CFR 35.301; Pub
York Central Railroad Company draw- 102; International Code of Signals sig-
bridge across Spuyten Duyvil Creek naling instructions) at its mast head or
(Harlem River) to a point 250 yards off- at least 10 feet above the upper deck if
shore and on line with the New York the vessel has no mast, and by night
Central Railroad signal bridge at the the flag must be illuminated by spot-
foot of West 231st Street, extended, at light. These signals shall be in addition
Spuyten Duyvil, Bronx, New York; to day signals, lights and whistle sig-
thence bearing 19 to the channelward nals as required by rules 30 (33 U.S.C
face of the Mount St. Vincent Dock at 2030 and 33 CFR 83.30) and 35 (33 USC
the foot of West 261st Street, River- 2035 and 33 CFR 83.35) of the Inland
dale, Bronx, New York. Navigation Rules when at anchor in a
(i) When the use of Anchorage No. 18 general anchorage area.
A is required by naval vessels the ves- (C) Within an anchorage, fishing and
sels anchored therein shall move when navigation are prohibited within 500
the Captain of the Port directs them. yards of an anchored vessel displaying
(4) [Reserved] a red flag.
464
(D) These anchorage grounds are only thence back to 404142.0 N., 740243.0
authorized for use by tugs and/or W.
barges. (i) See 33 CFR 110.155 (d)(6), (d)(16),
(E) No vessel may occupy this an- and (l).
chorage ground for a period of time in (4) Anchorage No. 20D. That area en-
excess of 96 hours without prior ap- closed by coordinates starting at
proval of the Captain of the Port. 404109.5 N., 740249.5 W.; to 404059.2
(F) No vessel may anchor in Anchor- N., 740227.9 W.; to 404044.5 N.,
age No. 19 East or No. 19 West without 740237.5 W.; to 404042.7 N., 740307.6
permission from the Captain of the W.; thence back to 404109.5 N.,
Port. 740249.5 W.
(G) Each vessel shall report its posi- (i) See 33 CFR 110.155 (d)(6), (d)(16),
tion within Anchorage No. 19 East or and (l).
No. 19 West to the Captain of the Port (5) Anchorage No. 20E. That area en-
immediately after anchoring. closed by coordinates starting at
(H) All coordinates referenced use 404038.2 N., 740259.6 W.; to 404039.4
datum: NAD 83. N., 740240.9 W.; to 404009.2 N.,
740300.7 W.; to 404024.4 N., 740324.6
(6) Anchorage No. 19A. An area lo-
W.; thence back to 404038.2 N.,
cated west of Hyde Park enclosed by
740259.6 W.
the coordinates starting at 414835 N
(i) See 33 CFR 110.155 (d)(6), (d)(16),
0735700 W; to 414835 N 0735644 W;
and (l).
to 414732 N 0735650 W; to 414732 N
(6) No vessel may occupy this anchor-
0735710 W; thence back to 414835 N
age for a period of time in excess of 72
0735700 W (NAD 1983).
hours without the prior approval of the
(i) No vessel may anchor in Anchor-
Captain of the Port.
age 19A from December 16 to the last
(7) Anchorage No. 20F. All waters
day of February without permission
bound by the following points:
from the Captain of the Port, New
404012.2 N, 0740339.9 W; thence to
York.
403953.9 N, 0740309.6 W; thence to
(ii) No vessel less than 20 meters in 403938.9 N, 0740319.5 W; thence to
length may anchor in Anchorage 19A 403953.5 N, 0740353.7 W; thence to
without prior approval of the Captain the point of origin (NAD 83).
of the Port, New York. (i) See 33 CFR 110.155 (d)(9), (d)(16),
(d) Upper Bay(1) Anchorage No. 20A. and (l).
That area enclosed by coordinates (ii) [Reserved]
starting at 404202.5 N., 740225.5 W.; (8) Anchorage No. 20G. That area en-
to 404206.5 N., 740219.5 W.; to closed by coordinates starting at
404205.0 N., 740158.4 W.; to 404154.5 403930.1 N., 740408.0 W.; to 403932.0
N., 740159.2 W.; thence to 404153.0 N., 740353.5 W.; to 403927.5 N.,
N., 740223.0 W. 740342.5 W.; to 403913.0 N., 740351.0
(i) See 33 CFR 110.155 (d)(6), (d)(16), W.; to 403909.5 N., 740423.1 W.;
and (l). thence back to 403930.1 N., 740408.0
(2) Anchorage No. 20B. That area en- W.
closed by coordinates starting at (i) See 33 CFR 110.155 (d)(9), (d)(16),
404147.0 N., 740231.5 W.; to 404142.0 and (l).
N., 740102.0 W.; to 404135.3 N., (9) This anchorage is designated a
740204.2 W., to 404129.9 N., 740207.8 naval anchorage. The Captain of the
W.; to 404142.6 N., 740232.7 W.; Port may permit commercial vessels to
thence back to 404147.0 N., 740231.5 anchor temporarily in this anchorage,
W. ordinarily not more than 24 hours,
(i) See 33 CFR 110.155 (d)(6), (d)(16), when the anchorage will not be needed
and (l). for naval vessels. Upon notification of
(3) Anchorage No. 20C. That area en- an anticipated naval arrival, any com-
closed by coordinates starting at mercial vessel so anchored must relo-
404142.0 N., 740243.0 W.; to 404125.4 cate at its own expense.
N., 740210.7 W.; to 404101.7 N., (10) Anchorage No. 21A. That area en-
740226.2 W.; to 404109.0 N., 740241.5 closed by coordinates starting at
W.; to 404120.0 N., 740259.2 W.; 404022.5 N., 740135.2 W.; to 404020.5
465
110.155 33 CFR Ch. I (7112 Edition)
N., 740127.7 W.; to 403948.9 N., of 48 hours without the prior approval
740122.4 W.; to 403854.7 N., 740218.9 of the Captain of the Port.
W.; to 403903.0 N., 740226.3 W.; (iii) No vessel with a length overall
thence back to 404022.5 N., 740135.2 in excess of 670 feet (204.216 meters)
W. may occupy this anchorage without
(i) See 33 CFR 110.155 (d)(16) and (l). the prior approval of the Captain of the
(ii) No vessel may occupy this an- Port.
chorage for a period of time in excess (iv) No vessel with a draft of 40 feet
of 96 hours without prior approval of (12.192 meters) or more may occupy
the Captain of the Port. this anchorage without the prior ap-
(11) Anchorage No. 21B. That area en- proval of the Captain of the Port unless
closed by coordinates starting at it anchors within 5 hours after ebb cur-
404023.8 N., 740210.9 W.; to 404026.2 rent begins at the Narrows.
N., 740149.5 W.; to 404022.5 N., (v) See 33 CFR 334.85 for information
740135.2 W.; to 403903.0 N., 740226.3 on anchoring near the U.S. Navy re-
W.; to 403854.7 N., 740218.9 W.; to stricted area adjacent to this anchor-
403843.7 N., 740230.3 W.; to 403919.3 age.
N., 740303.3 W.; to 403922.3 N., (14) Anchorage No. 23B. That area
740302.4 W.; to 404018.6 N., 740225.5 enclosed by coordinates starting at
W.; thence back to 404023.8 N., 403749.8 N., 740350.1 W.; to 403749.5
740210.9 W. N., 740325.7 W.; to 403727.0 N.,
(i) See 33 CFR 110.155 (d)(16) and (l). 740318.1 W.; to 403723.0 N., 740359.0
(ii) No vessel with a draft of 10 feet W.; to 403730.0 N., 740404.0 W.; to
(3.048 meters) or less may occupy this 403737.5 N., 740346.0 W.; thence back
anchorage without the prior approval to 403749.8 N., 740350.1 W.
of the Captain of the Port. (i) See 33 CFR 110.155(d)(13) (ii) and
(iii) No vessel may occupy this an- (iv), (d)(16), and (l).
chorage for a period of time in excess (ii) No vessel with a length overall of
of 96 hours without prior approval of 670 feet (204.216 meters) or less may oc-
the Captain of the Port. cupy this anchorage without the prior
(12) Anchorage No. 21C. That area en- approval of the Captain of the Port.
closed by coordinates starting at (iii) See 33 CFR 334.85 for information
403919.3 N., 740303.3 W.; to 403843.7 on anchoring near the U.S. Navy re-
N., 740230.3 W.; to 403841.6 N., stricted area adjacent to this anchor-
740232.5 W.; to 403803.0 N., 740248.7 age.
W.; to 403803.0 N., 740303.5 W.; to (15) Anchorage No. 24. That area en-
403838.4 N., 740315.5 W.; thence back closed by coordinates starting at
to 403919.3 N., 740303.3 W. 403723.0 N., 740359.0 W.; to 403727.0
(i) See 33 CFR 110.155 (d)(16) and (l). N., 740318.1 W.; to 403640.1 N.,
(ii) No vessel with a draft of 33 feet 740302.2 W.; to 403625.5 N., 740256.4
(10.0584 meters) or less may occupy this W.; to 403621.0 N., 740311.0 W.; to
anchorage without the prior approval 403625.0 N., 740317.5 W.; thence back
of the Captain of the Port. to 403723.0 N., 740359.0 W.
(iii) No vessel may occupy this an- (i) See 33 CFR 110.155(d)(13) (ii) and
chorage for a period of time in excess (iv), (d)(16), and (l).
of 96 hours without prior approval of (ii) No vessel with a length overall of
the Captain of the Port. less than 800 feet (243.84 meters), or
(13) Anchorage No. 23A. That area with a draft of less than 40 feet (12.192
enclosed by coordinates starting at meters) may occupy this anchorage
403836.5 N., 740413.5 W.; to 403837.0 without the prior approval of the Cap-
N., 740349.0 W.; to 403823.4 N., tain of the Port.
740337.2 W.; to 403749.5 N., 740325.7 (16) Any vessel anchored in or intend-
W.; to 403749.8 N., 740350.1 W.; to ing to anchor in Federal Anchorage 20
403750.0 N., 740350.2 W.; to 403753.0 A through 20G, 21A through 21C, 23
N., 740407.0 W.; thence back to A and 23B, 24 or 25 must comply with
403836.5 N., 740413.5 W. the following requirements:
(i) See 33 CFR 110.155 (d)(16) and (l). (i) No vessel may anchor unless it no-
(ii) No vessel may occupy this an- tifies the Captain of the Port when it
chorage for a period of time in excess anchors, of the vessels name, length,
466
draft, and its position in the anchor- (iii) No vessel may occupy this an-
age. chorage for a period of time in excess
(ii) Each vessel anchored must notify of 96 hours without prior approval of
the Captain of the Port when it weighs the Captain of the Port.
anchor. (f) Lower Bay(1) Anchorage No. 26. In
(iii) No vessel may conduct Sandy Hook Bay south of a line extend-
lightering operations unless it notifies ing from Point Comfort to Sandy Hook
the Captain of the Port before it begins Point Light.
lightering operations. NOTE: Anchorages Nos. 49F and 49G in
(iv) Each vessel lightering must no- this area are reserved for vessels carrying ex-
tify the Captain of the Port at the ter- plosives (see paragraphs (m)(2) and (3) of this
mination of lightering. section) and are excluded from use as general
(v) No vessel may anchor unless it anchorages.
maintains a bridge watch, guards and (i) Pleasure or commercial craft may
answers Channel 16 FM, and maintains not navigate or moor within 750 yards
an accurate position plot. of the Naval Ammunition Depot Pier
(vi) If any vessel is so close to an- at Leonardo, New Jersey, nor anchor in
other that a collision is probable, each the approach channel or the turning
vessel must communicate with the basin adjacent thereto.
other vessel and the Captain of the (ii) When immediate action is re-
Port on Channel 16 FM and shall act to quired and representatives of the Coast
eliminate the close proximity situa- Guard are not present in sufficient
tion. force to exercise effective control of
(vii) No vessel may anchor unless it shipping, the Commanding Officer of
maintains the capability to get under- the Naval Ammunition Depot at Earle,
way within 30 minutes except with New Jersey, may control the anchorage
prior approval of the Captain of the or movement of any vessel, foreign or
Port. domestic, to the extent he deems nec-
(viii) No vessel may anchor in a essary to insure the safety and security
dead ship status (propulsion or con- of his command.
trol unavailable for normal operations) (2) Anchorage No. 27(i) Atlantic
without the prior approval of the Cap- Ocean. Beginning at Sandy Hook Light
tain of the Port. 15 to latitude 402852, longitude
(ix) Each vessel in a dead ship sta- 740003; thence to latitude 402841,
tus must engage an adequate number longitude 735854; thence to latitude
of tugs alongside during tide changes. 402558, longitude 735500; thence 180
A tug alongside may assume the Chan- to latitude 402346, thence 270 toward
nel 16 FM radio guard for the vessel Highland Light and Sandy Hook shore;
after it notifies the Captain of the thence following the easterly shoreline
Port. of Sandy Hook to the point of begin-
(x) No vessel may lighter in a dead ning.
ship status without prior approval (ii) Romer Shoal. All waters bound
from the Captain of the Port. by the following points: 402827.21N,
(e) Lower Bay(1) Anchorage No. 25. 0735645.84W; thence to 402947.70N,
That area enclosed by coordinates 0735646.23W; thence to 403125.38N,
starting at 403558.2 N., 740218.4 W.; 0740053.50W; thence to 403211.38N,
to 403612.0 N., 740129.0 W.; to 0740139.50W; thence to 403212.38N,
403603.0 N., 740052.5 W., to 403457.5 0740205.50W; thence to 403127.38N,
N., 740025.0 W.; to 403440.0 N., 0740205.50W; thence to 403013.38N,
740103.0 W.; to 403453.0 N., 740156.1 0740005.50W; thence to the point of or-
W.; to 403523.9 N., 740204.8 W.; igin (NAD 83).
thence back to 403558.2 N., 740218.4 (iii) Flynns Knoll. Beginning at Sandy
W. Hook Channel Lighted Bell Buoy 18;
(i) See 33 CFR 110.155(d)(16) and (l). thence along the north side of Sandy
(ii) When the use of this anchorage is Hook Channel to Sandy Hook Channel
required by naval vessels, any commer- Lighted Buoy; thence along the south-
cial vessels anchored therein must west side of Swash Channel to Junction
move when directed by the Captain of Buoy; thence along the east side of
the Port. Chapel Hill Channel to Chapel Hill
467
110.155 33 CFR Ch. I (7112 Edition)
Channel Buoy 2; and thence to the 0740829.7 W; thence to 404044.7 N,

point of beginning. 0740829.8 W; thence to 404034.0 N,
(3) Anchorage No. 28. West of lines 0740812.0 W; thence to 404036.6 N,
bearing 15430 from Fort Wadsworth 0740804.8 W; thence to 404054.5 N,
Light to Craven Shoal Lighted Bell 0740756.5 W; thence to 404103.3 N,
Buoy 19A, thence in succession to the 0740756.5 W; thence to the point of or-
buoys marking the east side of West igin (NAD 83).
Bank and the buoys on the west side of (4) Anchorage No. 37. North of the
Chapel Hill Channel to Southwest Spit Central Railroad of New Jersey bridge;
Junction Lighted Gong Buoy, thence east of a line ranging from a point 200
182 to a line extending from Sandy yards east of the east pier of the east
Hook Point Light to Point Comfort; lift span of the bridge to a point 200
north of the latter line and the New yards east of the east end of the lift
Jersey shore; and east of a line bearing span of the Pennsylvania-Lehigh Val-
353 from the head of the Keansburg ley Railroad bridge; and south of the
Steamboat Pier at Point Comfort, latter bridge.
through Great Kills Flat Buoy 4, to the
Staten Island shore; excluding from NOTE TO PARAGRAPH (h)(4): The special an-
this area, however, (i) the waters west chorage area in this anchorage is described
in 110.60.
of a line ranging from the stack on
Hoffman Island 344 through the north- (i) Arthur Kill(1) Anchorage No. 41.
east corner of the T-shaped pier at The passage between Pralls Island and
South Beach; northwest of a line rang- Staten Island included between a line
ing from Great Kills Light 39 and tan- running 29 from the extreme north-
gent to the offshore face of the T- west point of Pralls Island to a point
shaped pier at Midland Beach; and on Staten Island and a line from the
northeast of a line ranging from the southern point of Pralls Island to the
stack on Swinburne Island 301 to the north side of the mouth of Neck Creek
shore end of the north jetty at New at Travis, Staten Island.
Creek; and (ii) the waters west of a line (2) Anchorage No. 42. East of lines
ranging from Conover Light at ranging from the head of the
Leonardo, New Jersey, 340 through Old Tottenville Shipyard Company pier at
Orchard Shoal Light; northwest of a Tottenville, Staten Island, to the first
line bearing 230 from the stack on pier of the Outerbridge Crossing west
Hoffman Island; and northeast of a line from the Staten Island shore, thence to
ranging from Great Kills Light 332 Arthur Kill Light 10, thence to Arthur
through Marine Park Light at Crooks Kill Light 14, and thence to Arthur Kill
Point. Lighted Buoy 16; and south of a line
NOTE TO PARAGRAPH (f)(3): The special an- from thence to Smoking Point.
chorage area in this anchorage is described (j) Raritan Bay(1) Anchorage No. 44.
in 110.60. An area in Raritan Bay located at the
(g) [Reserved] junction of Arthur Kill and Raritan
(h) Newark Bay. (1) Anchorage No. 34. River, beginning at a point at latitude
All waters bound by the following 403007, longitude 741530; thence to
points: 403851.5 N, 0741035.6 W; latitude 403001, longitude 741530;
thence to 403920.2 N, 0740950.8 W; thence to latitude 402927, longitude
thence to 403941.4 N, 0740930.2 W; 741506; thence to latitude 402924,
thence to 403929.6 N, 0740858.0 W; longitude 741501; thence to latitude
thence to 403921.7 N, 0740850.8 W; 402915, longitude 741455; thence to
thence to 403908.0 N, 0740858.9 W; latitude 402914, longitude 741525;
thence to 403849.9 N, 0740920.0 W; thence to latitude 402948, longitude
thence to 403853.5 N, 0740937.1 W; 741548; and thence to the point of be-
thence to 403852.0 N, 0740941.6 W; ginning.
thence to the point of origin (NAD 83). (i) The anchorage is restricted to
(2) [Reserved] deep-draft vessels except that barges
(3) Anchorage No. 36. All waters bound may moor in that portion of the an-
by the following points: 404113.1 N, chorage southerly of latitude 402922.
0740806.1 W; thence to 404112.7 N, (ii) No vessel shall occupy the deep-
0740809.9 W; thence to 404051.0 N, draft portion of the anchorage for a
468
longer period than 48 hours without a hours prior to entering Ambrose Chan-
permit from the Captain of the Port. nel.
(2) Anchorage No. 45. West of the Rari- (2) Except in cases of great emer-
tan Bay Channel leading into Arthur gency, no vessel shall be anchored in
Kill; north of the Raritan River Chan- the navigable waters of the Port of
nel leading into Raritan River; and New York outside of the anchorage
east of the Cutoff Channel between areas established in this section, nor
Raritan River and Arthur Kill, except cast anchor within a cable or pipe line
that part of the said area occupied by area shown on a Government chart, nor
Anchorage No. 44. be moored, anchored, or tied up to any
(3) [Reserved] pier, wharf, or vessel in such manner as
(4) Anchorage No. 46. West of the west to obstruct or endanger the passage of
limit of Anchorage No. 28, as defined by any vessel in transit by, or to or from,
a line bearing 353 from the head of the adjacent wharves, piers, or slips.
Keansburg Steamboat Pier at Point (3) No vessel shall occupy for a longer
Comfort, through Great Kills Flat period than 30 days, unless a permit is
Buoy 4 to the Staten Island shore; obtained from the Captain of the Port
north of Raritan Bay Channel as de- for that purpose, any anchorage for
fined by the buoys and lights marking which the time of occupancy is not
the north side of the channel, including otherwise prescribed in this section. No
Princess Bay; northeast of Raritan Bay vessel in a condition such that it is
Channel leading into Arthur Kill; and likely to sink or otherwise become a
south of a line bearing 243 from the menace or obstruction to navigation or
gable of a house at Ward Point, Staten anchorage of other vessels shall occupy
Island. an anchorage except in an emergency,
(5) Anchorage No. 47. South of the and then only for such period as may
Raritan River Channel from opposite be permitted by the Captain of the
the Sun Oil Company pier at South Port.
Amboy to Raritan River Buoy 3; thence (4) Whenever, in the opinion of the
south of a line in the direction of Captain of the Port, such action may
Boundary Daybeacon to latitude be necessary, that officer may require
402848.5, longitude 741431.6; thence any or all vessels in any designated an-
south of lines through Raritan Bay chorage area to moor with two or more
Light 7B, Raritan Bay Light 3A, and anchors.
the buoys marking the south side of (5) Every vessel whose crew may be
Raritan Bay Channel Off Seguine Point reduced to such number that it will not
to the west limit of Anchorage No. 28 have sufficient men on board to weigh
as defined by a line bearing 353 from anchor at any time shall be anchored
the head of the Keansburg Steamboat with two anchors, with mooring swivel
Pier through Great Kills Flat Buoy 4 to put on before the crew shall be reduced
the Staten Island shore; and west of or released, unless the Captain of the
the latter line. Port shall waive the requirement of a
(i) Vessels shall not anchor in the mooring swivel.
channel to Keyport Harbor west of (6) Anchors of all vessels must be
lines ranging from Keyport Channel placed well within the anchorage areas,
Buoy 1 to Keyport Channel Buoy 9, so that no portion of the hull or rig-
thence through Keyport Channel Buoys ging shall at any time extend outside
11 and 13 to the northeast corner of the the boundaries of the anchorage area.
easterly steamboat wharf; and east of a (7) Any vessel anchoring under cir-
line extending from a point 400 yards cumstances of great emergency outside
west of Keyport Channel Buoy 1 tan- of the anchorage areas must be placed
gent to the west shore at the mouth of near the edge of the channel and in
Matawan Creek. such position as not to interfere with
(k) [Reserved] the free navigation of the channel nor
(l) General regulations. (1) No vessel in obstruct the approach to any pier nor
excess of 800 feet (243.84 meters) in impede the movement of any boat, and
length overall or 40 feet (12.192 meters) shall move away immediately after the
in draft may anchor unless it notifies emergency ceases, or upon notification
the Captain of the Port at least 48 by the Captain of the Port.
469
110.155 33 CFR Ch. I (7112 Edition)
(8) The Captain of the Port may the PortNew York considers reason-
grant a revocable permit for the habit- able use of the mooring. Nonuse of a
ual maintenance and use of a given mooring up to 30 days during the boat-
mooring space in an anchorage area. ing season is deemed reasonable.
Application information for a mooring (x) Moorings for which permits have
permit is available from: expired without renewal or have been
Coast Guard Sector New York, Waterways revoked by the Captain of the Port
Management Division, 212 Coast Guard New York shall be removed by the
Drive, Staten Island, NY 10305. owner within 10 days of such expiration
or revocation.
(i) A mooring permit is issued to an
individual, for his exclusive use, of a (xi) Granting of a Captain of the
specific mooring, of a specific type, at PortNew York mooring permit does
a specific location, for a specific vessel. not give a right of access across private
(ii) Mooring permits shall expire on property. Arrangements for access
April 30 of the year after issuance. shall be made by the permit holder.
(iii) Mooring permits are not trans- (xii) Each person to whom a Captain
ferable. of the PortNew York mooring permit
(iv) Moorings are shown on the large is issued agrees to hold harmless the
scale chart which may be seen at the United States, its officers, agents, and
office of the Captain of the PortNew employees, for any death, personal in-
York. jury, or damage which may result from
(v) Mooring anchor, chain, and pend- the use of the permit or the rights
ant (if applicable) requirements are granted under the permit.
shown in Table 110.155(l)(7). These re- (xiii) No vessel shall continuously oc-
quirements may be waived or modified cupy a mooring when a vessel in reg-
by the Captain of the Port upon writ- ular traffic requires the berth or when
ten request from the applicant for such navigation would be menaced or incon-
waiver or modification. venienced thereby.
(vi) The mooring buoy shall be white (xiv) No vessel shall moor in any an-
in color with the Captain of the Port chorage in such a manner as to inter-
mooring permit number, in black let- fere with the use of a duly authorized
ters, clearly visible at all times. The mooring buoy. Nor shall any vessel
buoy is to extend not less than 1 foot moored to a buoy authorized by a Cap-
above the surface of the water at all tain of the PortNew York permit be
times, exclusive of flagstaffs, rings, moored such that any portion of that
quick pickup devices, etc. vessel comes within 50 feet of a marked
(vii) All required equipment shall be or dredged channel.
provided by, installed by, and remain (xv) No vessel shall be navigated
the property of the permit holder. within the limits of an anchorage at
(viii) Mooring equipment should be speed exceeding 6 knots when in the vi-
raised at least every 2 years, inspected cinity of a moored vessel.
for deterioration and replaced if nec- (xvi) In an emergency the Captain of
essary. the Port may shift the position of any
(ix) Each person holding a mooring unattended vessel moored in or near
permit shall make what the Captain of any anchorage.
TABLE 110.155(l)(7)
Anchor Pendant safe
Chain size in Pendant
Vessel length, in feet weight, in Anchor type Anchor scope working load
inches length in feet
pounds minimum
15 or less .............................. 100 ............... Mushroom or 3x MHW .......

5 16 ................ 4 ................... 4x anchor
navy. weight.
Greater than 15 but not 150 ............... Mushroom or 3x MHW ....... ..................
38 8 ................... Do.
greater than 21. navy.
Greater than 21 but not 200 ............... Mushroom or 3x MHW ....... ..................
38 10 ................. Do.
greater than 26. navy.
470
TABLE 110.155(l)(7)Continued
Anchor Pendant safe
Chain size in Pendant
Vessel length, in feet weight, in Anchor type Anchor scope working load
inches length in feet
pounds minimum
Greater than 26 ..................... 10 per foot of Mushroom or 3x MHW ....... for anchor
12 10 ................. Do.
vessel navy. of 400 # or
length. less, 58 if
greater
than 400 #.
(9) Barge dispensing stations and from the penalties of law for obstruct-
stake boats may be anchored in such ing navigation or for obstructing or
places as the Captain of the Port may interfering with range lights, or for not
designate. complying with the navigation laws in
(10) Upon approval of the District En- regard to lights, fog signals, or for oth-
gineer, Corps of Engineers, the Captain erwise violating law.
of the Port may permit wrecking plant (14) Any vessel prohibited by these
or other vessels legally engaged in re- rules from anchoring in a specific an-
covering sunken property, or in laying chorage because of the vessels length
or repairing pipe lines or cables legally or draft may anchor in the anchorage
established, or plant engaged in dredg- with permission from the Captain of
ing operations, to anchor within chan- the Port.
nels of the Port of New York. Permit (m) Anchorages for vessels carrying ex-
issued by the Captain of the Port is not plosives. (1) [Reserved]
necessary for plant engaged upon (2) Anchorage No. 49F (emergency
works of river and harbor improvement naval anchorage). That portion of
under the supervision of the District Sandy Hook Bay bounded by a line
Engineer, but the District Engineer bearing 170, 3,800 yards, from a point
will notify the Captain of the Port in bearing 28130, 2,050 yards from Sandy
advance of all such proposed work. Hook Light; thence 260, 500 yards;
(11) Whenever the maritime or com- thence 350, 3,800 yards; thence 080, 500
mercial interests of the United States yards, to the point of beginning.
so require, the Captain of the Port is
(i) This anchorage is to be used for
hereby empowered to shift the position
the anchorage of naval vessels during
of any vessel anchored within the an-
emergencies only.
chorage areas, of any vessel anchored
outside the anchorage areas, of any (ii) No pleasure or commercial craft
vessel which is so moored or anchored shall navigate or moor within this area
as to impede or obstruct vessel move- at any time when naval vessels which
ments in any channel or obstruct or are moored in the area display a red
interfere with range lights and of any flag by day or a red light by night.
vessel which, lying at the exterior end (3) Anchorage No. 49G (naval anchor-
of a pier or alongside an open bulk- age). That portion of Sandy Hook Bay
head, obstructs or endangers the pas- bounded by a line bearing 208, 1,350
sage of vessels in transit by, or to or yards, from a point bearing 29230, 3,600
from, adjacent wharf property or im- yards, from Sandy Hook Light; thence
pedes the movements of vessels enter- 298, 620 yards; thence 002, 1,250 yards;
ing or leaving adjacent slips. thence 107, 1,150 yards, to the point of
(12) A vessel upon being notified to beginning.
move into the anchorage limits or to (i) No pleasure or commercial craft
shift its position on anchorage shall navigate or moor within this area
grounds, shall get under way at once or at any time when vessels which are
signal for a tug, and shall change posi- moored in the area display a red flag
tion as directed, with reasonable by day or a red light by night.
promptness. (n) Regulations for explosive anchor-
(13) Nothing in this section shall be ages. (1) Anchorages Nos. 49F and 49G
construed as relieving any vessel or the are reserved for vessels carrying explo-
owner or person in charge of any vessel sives. All vessels carrying explosives
471
110.156 33 CFR Ch. I (7112 Edition)
shall be within these areas when an- if the vessel has no mast, and shall dis-
chored, except as provided in paragraph play by night a red light in the same
(n)(6) of this section. position specified for the flag.
(2) A written permit shall be obtained (8) When local regulations of any
from the Captain of the Port before place require previous local authority
vessels carrying explosives, or on for the transfer of explosives or fire-
which explosives are to be loaded, may works between vessels or between a
proceed to the anchorages provided for vessel and a wharf or other place
them; and no vessel shall occupy a ashore, the Captain of the Port will
berth in such anchorage except by au- permit the removal from the anchorage
thority of such permit, which permit of such vessel containing explosives to
may be revoked at any time. any place covered by such local regula-
(3) Vessels used in connection with tions only when he is satisfied that the
loading or unloading explosives on ves- required local authority has been
sels in anchorage areas, including tugs granted.
and stevedore boats, shall carry a writ-
ten permit from the Captain of the NOTE: The anchorage in this section are
Port. The Captain of the Port may, in regulated under Title I, Ports and Water-
ways Safety Act of 1972 as stated in
his discretion, require every person
110.1a(a) of this part. The penalties for vio-
having business on board vessels which lating regulations under this Act are stated
are being loaded with explosives, other in 110.1a(b) of this part.
than members of the crew, to have a
pass from the Captain of the Port in [CGFR 6746, 32 FR 17728, Dec. 12, 1967]
such form as he shall prescribe. Such EDITORIAL NOTE: For FEDERAL REGISTER ci-
permit or pass shall be shown whenever tations affecting 110.155, see the List of CFR
required by him or by his authorized Sections Affected, which appears in the
agents. Finding Aids section of the printed volume
(4) Whenever any vessel not fitted and at www.fdsys.gov.
with mechanical power anchors in the
explosives anchorages while carrying 110.156 Randall Bay, Freeport, Long
Island, N.Y.
explosives, the Captain of the Port may
require the attendance of a tug upon (a) The anchorage grounds. Southward
such vessel when in his judgment such of a line 312 feet south of and parallel
action is necessary. to the south side of Casino Street; east-
(5) Vessels carrying explosives shall ward of a line 215 feet east of and par-
comply with the general regulations in allel to the east side of West Side Ave-
paragraph (l) of this section when ap- nue, said line extending southerly to a
plicable. point 233 feet north of the prolonged
(6) The District Engineer, Corps of north side of Clinton Street; northeast-
Engineers, may authorize, in writing, a ward of a line from the last-mentioned
vessel carrying explosives for use on point to a point 243 feet southerly of
river and harbor works or on other the prolonged south side of Clinton
work under Federal permit issued by Street and 210 feet east of the east side
the District Engineer to anchor in or of Prospect Street; eastward of a line
near the vicinity of such work without 210 feet east of and parallel to the east
a permit from the Captain of the Port. side of Prospect Street; northward of a
The District Engineer will prescribe line 25 feet north of and parallel to the
the quantities of such explosives al- prolonged north side of Suffolk Street;
lowed on such vessel and the conditions westward of a line 210 feet west of and
under which they are to be stored and parallel to the west side of South Long
handled, and will furnish the Captain Beach Avenue, said line extending
of the Port with a copy of such safety northerly to a point 222 feet south of
instructions together with a copy of the prolonged south side of Queens
his written authorization. Street; southwestward of a line from
(7) Every vessel loading, unloading, the last-mentioned point to a point 74
transporting, or containing explosives feet northerly of the prolonged north
shall display by day a red flag at least side of Queens Street and 120 feet west
16 square feet in area at its masthead, of the west side of Roosevelt Avenue;
or at least 10 feet above the upper deck and westward of a line 120 feet west of
472
and parallel to the west side of Roo- yards; and thence 138, 8,000 yards, to
sevelt Avenue. the point of beginning.
(b) The regulations. (1) When applied (3) Anchorage 2 northwest of Artificial
for, a berth in this anchorage, if avail- Island. On the east side of the channel
able, may be assigned to any vessel by along Reedy Island Range, bounded as
the Captain of the Port of Long Island follows: Beginning at a point bearing
Sound. 105 from the northernmost point of
(2) The Captain of the Port is author- Reedy Island, 167 yards easterly of the
ized to issue permits for maintaining east edge of the channel along Reedy
mooring buoys within the anchorage. Island Range; thence 105, 800 yards;
The method of anchoring these buoys thence 195, 4,500 yards; thence 285, 800
shall be as prescribed by the Captain of yards to a point (approximately lati-
the Port. tude 392858, longitude 753337) oppo-
(3) No vessel shall anchor in the an- site the intersection of Reedy Island
chorage in such manner as to interfere and Baker Ranges; and thence 15, 4,500
with the use of a duly authorized moor- yards, to the point of beginning.
ing buoy. (4) Anchorage 3 southeast of Reedy
(4) No vessel shall be navigated with- Point. Southeast of the entrance to the
in the anchorage at a speed exceeding Chesapeake and Delaware Canal at
six knots. Reedy Point, bounded on the east by
(5) In case of emergencies, the Cap- the west edge of the channel along
tain of the Port is authorized to shift Reedy Island and New Castle Ranges;
the position of any unattended vessel on the west by a line beginning at a
moored in or near the anchorage. point on the west edge of the channel
along Reedy Island Range at latitude
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as 393143, thence to a point bearing
amended by USCG20120306, 77 FR 37313, 16830, 3,150 yards, from Chesapeake
June 21, 2012] and Delaware Canal 2 Light, and
thence to a point bearing 131, 1,160
110.157 Delaware Bay and River.
yards, from Chesapeake and Delaware
(a) The anchorage grounds(1) An- Canal 2 Light; and on the north by a
chorage A off the entrance to the line running from the last-described
Mispillion River. In Delaware Bay point 11330, approximately 813 yards,
southwest of Brandywine Channel be- to the west edge of the channel along
ginning at latitude 385357 N., lon- New Castle Range.
gitude 750800 W., thence northwest- (5) Anchorage 4 north of Reedy Point.
erly to latitude 390122 N., longitude North of the entrance to the Chesa-
751325 W., thence southwesterly to peake and Delaware Canal at Reedy
latitude 390049 N., longitude 751457 Point, on the west side of the river,
W., thence southeasterly to latitude bounded as follows: Beginning at a
385322 N., longitude 750926 W., point (approximately latitude 393351,
thence northeasterly to the point of be- longitude 753335) 34458 true, 160
ginning. Supervision over the anchor- yards from Chesapeake and Delaware
ing of vessels and over all cargo trans- Canal Light 2; thence 30626, 1,442
fer operations in Anchorage A is exer- yards; thence 3626, 377 yards; thence
cised by the Captain of the Port, Phila- 12626, 1,442 yards; thence 21626, 377
delphia. The regulations of paragraphs yards to the point of beginning.
(b)(1) and (b)(2) of this section do not (6) Anchorage 5 southeast of Pea Patch
apply to this anchorage. Island. On the northeast side of the
(2) Anchorage 1 off Bombay Hook Point. channel along New Castle Range,
On the southwest side of the channel bounded as follows: Beginning at lati-
along Liston Range, bounded as fol- tude 393428, longitude 753306; thence
lows: Beginning at a point (approxi- 334, 2,343 yards; thence 64, 512 yards;
mately latitude 391759, longitude thence 154, 2,343 yards; and thence 244,
752307) bearing 228 from Ship John 512 yards, to the point of beginning.
Shoal Light, 167 yards southwest of the (7) Anchorage 6 off Deepwater Point.
southwest edge of the channel along Southeast of the entrance to Christina
Liston Range; thence 228, 2,000 yards; River, on the east side of the channel
thence 318, 8,000 yards; thence 48, 2,000 along Cherry Island Range, bounded as
473
110.157 33 CFR Ch. I (7112 Edition)
follows: Beginning at latitude 394131, chor in this anchorage in such manner

longitude 753055; thence 17, 2,747 as to interfere unreasonably with the
yards; thence 112, 847 yards; thence passage of other vessels to and from
215, 1,340 yards; thence 204, 893 yards; Mantua Creek.
thence 18630, 500 yards; and thence (11) Anchorage 10 (naval) at Naval
286, 377 yards, to the point of begin- Base, Philadelphia. On the north side of
ning. Vessels must not cast anchor in the channel along West Horseshoe
the cable area at the lower end of this Range, bounded as follows: Beginning
anchorage except in case of emergency. at the southeasterly corner of Pier 7
(8) Anchorage 7 off Marcus Hook. (i) On (approximately latitude 395311, lon-
the southeast side of the channel along gitude 750958.5); thence 174, 525
Marcus Hook Range, bounded by a line yards, to the north edge of the channel
connecting the following points: along West Horseshoe Range; thence
394917.254 N 752250.0994 W 27330 along the edge of the channel,
394839.984 N 752317.238 W 880 yards; thence 354, 433 yards, to the
394745.309 N 752501.278 W southeasterly corner of Pier 1; and
394743.111 N 752600.186 W
thence 8830, 875 yards, to the point of
(DATUM: NAD 83) beginning. This is a restricted naval
(ii) A vessel that is arriving from or anchorage.
departing for sea and that requires an (12) Anchorage 11 at Gloucester. On the
examination by public health, customs, east side of the channel south of the
or immigration authorities shall an- Walt Whitman Bridge at Gloucester,
chor in the preferential area of this an- bounded as follows: Beginning at a
chorage designated for the use of ves- point on the east edge of the channel at
sels awaiting quarantine inspection, latitude 395416; thence 17430, 500
this area being the waters bounded by yards, to latitude 395402, longitude
the arc of a circle with a radius of 366 750743; thence 202, 1,133 yards; thence
yards and with the center located at: 21730, 1,142 yards, to the east edge of
394846.334 N 752326.881 W channel; thence northeasterly along
the edge of the channel to the point of
(DATUM: NAD 83) beginning.
(iii) Should the remainder of the an- (13) Anchorage 12 between Gloucester
chorage be in use, the preferential and Camden. On the east side of the
area, when available, may be used by channel adjoining and on the upstream
vessels not subject to quarantine inside of Anchorage 11, from the Glouces-
spection. ter to Camden, bounded as follows: Be-
(9) Anchorage 8 off Thompson Point. On ginning at a point on the east edge of
the south side of the channel along the channel at latitude 395416; thence
Tinicum Range, between Thompson northerly along the edge of the channel
Point and the east side of Crab Point, to latitude 395632.5; thence 133, 283
bounded as follows: Beginning at a yards to a point on a line 100 feet west
point on the south edge of the channel of the established pierhead line; thence
along Tinicum Range at longitude southerly along this line to latitude
751824; thence easterly along the edge 395434; thence 19616, 882 yards to
of the channel to longitude 751754; latitude 395408.5; thence 35436, 267
thence 179, 267 yards; thence 26030, 793 yards to the point of beginning. The
yards; thence 358, 425 yards, to the area between New York Shipbuilding
point of beginning. Corporation Pier No. 2 and the
(10) Anchorage 9 near entrance to Man- MacAndrews and Forbes Company pier,
tua Creek. On the southeast side of the Camden, shall be restricted to facili-
channel along Mifflin Range, bounded tate the movement of carfloats to and
as follows: Beginning at a point on the from Bulson Street, Camden. The area
southeast edge of the channel at lon- in front of the Public Service Electric
gitude 751426; thence northeasterly and Gas Company pier shall be re-
along the edge of the channel to lon- stricted to facilitate the movement of
gitude 751201.5; thence 20330, 933 vessels to and from the pier. Should
yards; thence 23330, 3,058 yards; and the anchorage become so congested
thence 26330, 933 yards, to the point of that vessles are compelled to anchor in
beginning. Vessels must not cast an- these restricted areas, they must move
474
immediately when another berth is ning. When necessary, this anchorage

available. will be reserved for vessels under the
(14) Anchorage 13 at Camden. On the custody of the United States, at which
east side of the channel adjoining and time other vessels may be required by
on the upstream side of Anchorage 12, the Captain of the Port to shift posi-
to Cooper Point, Camden, bounded as tion.
follows: Beginning at a point on the (b) General regulations. (1) Except in
east edge of the channel at latitude cases of great emergency, no vessel
395632.5; thence northerly along the shall be anchored in Delaware Bay and
edge of the channel to latitude River between Ship John Light and
395739.7; thence 139, 217 yards to a The Pennsylvania Railroad Company
point on a line 100 feet west of the es- bridge at Delair, New Jersey, outside of
tablished pierhead line; thence south- the anchorage areas established in this
erly along this line to latitude section, or within a cable or pipe line
395626.5; thence 313, 283 yards to the area shown on a Government chart, or
point of beginning. be moored, anchored, or tied up to any
(15) Anchorage 14 opposite Port Rich- pier, wharf, or other vessel in such
mond. On the southeast side of the manner as to obstruct or endanger the
channel, north of Petty Island, bound- passage of any vessel. When an emer-
ed as follows: Beginning at a point on gent condition exists due to congestion
the southeast edge of the channel at in the prescribed anchorage areas in
longitude 750543; thence 163, 248 the Delaware River, the Captain of the
yards; thence 253, 1,978 yards, to the Port may authorize the anchorage of
southeast edge of the channel; and vessels in locations other than the pre-
thence northeasterly along the edge of scribed areas. Vessels so anchored must
the channel to the point of beginning. not be anchored within the channel
Vessels having a draft of less than 20 limits. Any vessel anchored outside of
feet must anchor southwest of Pier No. the prescribed anchorage limits must
11, Port Richmond. The area off the move to a prescribed anchorage area
Cities Service Oil Company wharves, when space becomes available.
Petty Island, shall be restricted to fa- (2) No vessel shall occupy any pre-
cilitate the movement of vessels to and scribed anchorage for a longer period
from the wharves. than 48 hours without a permit from
(16) Anchorage 15 off northeasterly end the Captain of the Port. Vessels expect-
of Petty Island. On the southeast side of ing to be at anchor for more than 48
the channel, bounded as follows: Begin- hours shall obtain a permit from the
ning at a point on the southeast edge Captain of the Port for that purpose.
of the channel at longitude 750534.7; No vessel in such condition that it is
thence northeasterly along the south- likely to sink or otherwise become a
east edge of the channel to longitude menace or obstruction to navigation or
750509.5; thence 171, 198 yards; thence anchorage of other vessels shall occupy
26030, 667 yards; and thence 351, 198 an anchorage except in an emergency,
yards, to the point of beginning. When and then only for such period as may
necessary, this anchorage will be re- be permitted by the Captain of the
served for vessels under the custody of Port.
the United States, at which time other (3) Whenever, in the opinion of the
vessels may be required by the Captain Captain of the Port such action may be
of the Port to shift position. necessary, he may require any or all
(17) Anchorage 16 between Port Rich- vessels in any designated anchorage
mond and Five Mile Point. On the north- area to moor with two or more an-
west side of the channel, bounded as chors.
follows: Beginning at a point on the (4) [Reserved]
northwest edge of the channel at lon- (5) Anchors shall be placed well with-
gitude 750535; thence northeasterly in the anchorage areas, so that no por-
along the edge of the channel to lon- tion of the hull or rigging will at any
gitude 750420; thence 328, 125 yards; time extend outside of the anchorage
thence 243, 450 yards; thence 251, 475 area.
yards; thence 257, 1,042 yards; thence (6) Light-draft barges using the an-
17430, 122 yards, to the point of begin- chorages shall be anchored away from
475
110.157 33 CFR Ch. I (7112 Edition)
the deeper portions of the anchorages, the Captain of the Port on a case-by-
so as not to interfere with the anchor- case basis.
ing of deep-draft vessels. Any barges (ii) For Anchorage 6 off Deepwater
towed in tandem to an anchorage area Point, as described in paragraph (a)(7)
shall be bunched together when an- of this section, and Anchorage 9 as de-
choring. scribed in paragraph (a)(10) of this sec-
(7) Upon approval of the District En- tion.
gineer, Corps of Engineers, the Captain (A) Any vessel 700 feet or greater in
of the Port may permit wrecking plant length requesting anchorage shall ob-
or other vessels legally engaged in retain permission from the Captain of
covering sunken property, or in laying the Port, Philadelphia, Pennsylvania,
or repairing pipe lines or cables, or at least 24 hours in advance.
plant engaged in dredging operations, (B) Any vessel from 700 to 750 feet in
to anchor in channels. Such permission length shall have one tug alongside at
is not necessary for plant engaged upon all times while the vessel is at anchor.
works of river and harbor improvement (C) Any vessel greater than 750 feet
under the supervision of the District in length shall have two tugs alongside
Engineer, but the District Engineer at all times while the vessel is at an-
will notify the Captain of the Port in chor.
advance of all such proposed work. (D) The Master, owner or operator of
(8) [Reserved] a vessel at anchor shall ensure that
(9) A vessel upon being notified to any tug required by this section is of
shift its position shall get under way at sufficient horsepower to assist with
once or signal for a tug and shall necessary maneuvers to keep the vessel
change position as directed with rea- clear of the navigation channel.
sonable promptness. (iii) As used in this section, Captain
(10) Nothing in this section shall be of the Port means the Commander of
construed as relieving any vessel or the Sector Delaware Bay or any Coast
owner or person in charge of any vessel Guard commissioned, warrant or petty
from the penalties of law for obstruct- officer who has been authorized by the
ing navigation or for obstructing or Captain of the Port to act on his be-
interfering with range lights, or for not half. The Captain of the Port may be
complying with the laws relating to contacted by telephone at (215) 2714807
lights and fog signals or other naviga- or via VHF marine band radio, channel
tion laws and regulations. 16.
(11) Annually from September 1 until (c) Regulations for vessels carrying and
December 31, additional requirements handling explosives. (1) All vessels car-
and restrictions in this paragraph for rying explosives as defined in and sub-
the use of anchorages defined in para- ject to Title 49 Code of Federal Regula-
graphs (a)(7), (a)(8), and (a)(10) of this tions, Parts 171 through 177, or on
section apply. which such explosives are to be loaded,
(i) Before anchoring in Anchorage 7 shall obtain a permit from the Captain
off Marcus Hook, as described in para- of the Port, except as provided in para-
graph (a)(8) of this section, a vessel graph (c)(5) of this section. The max-
must first obtain permission from the imum amount of explosives for which a
Captain of the Port, Philadelphia, at permit is required in 49 CFR Parts 171
least 24 hours in advance of arrival. through 177, which may be carried or
Permission to anchor will be granted loaded at any time by a vessel shall not
on a first-come, first-served basis. exceed 800 tons, except in cases of great
The Captain of the Port, Philadelphia, emergency or by special permit from
will allow only one vessel at a time to the Captain of the Port. This written
be at anchor in Anchorage 7, and no permit shall be obtained from the Cap-
vessel may remain within Anchorage 7 tain of the Port before vessels carrying
for more than 12 hours. Any vessel ar- explosives or on which explosives are
riving from or departing to sea that re- to be loaded within the weight limit
quires an examination by the public specified in paragraph (c)(1) of this sec-
health service, customs or immigration tion, may anchor in any anchorge. Per-
authorities will be directed to an an- mits will not be issued for Anchorage 2
chorage for the required inspection by under any circumstances. Such permit
476
may be revoked at any time. All ves- chapter CHazardous Materials Regu-
sels used in connection with loading, or lations (49 CFR Parts 171 through 177).
unloading explosives shall carry writ- [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
ten permits from the Captain of the amended by CGD 77212A, 47 FR 20579, May
Port, and shall show such permit when- 13, 1982; CGD 3803A, 48 FR 13418, Mar. 31,
ever required by him or his representa- 1983; CCGD 38231, 48 FR 23638, May 26, 1983;
tive. 48 FR 30622, July 5, 1983; CGD38372, 49 FR
25444, June 21, 1984; CGD 92050, 59 FR 39965,
(2) Vessels handling explosives shall
Aug. 5, 1994; CGD0594088, 60 FR 10020, Feb.
be anchored so as to be at least 2,200 23, 1995; CGD0504035, 70 FR 40886, July 15,
feet from any other vessel, but the 2005]
number of vessels which may anchor in
an anchorage at any one time shall be 110.158 Baltimore Harbor, MD.
at the discretion of the Captain of the North American Datum 1983.
Port. This provision is not intended to (a) Anchorage Grounds(1) Anchorage
prohibit barges or lighters from tying No. 1, general anchorage. (i) The waters
up alongside the vessels for the trans- bounded by a line connecting the fol-
fer of cargo. lowing points:
(3) Whenever a vessel or barge not Latitude Longitude
mechanically self-propelled anchors
391513.51 N 763407.76 W
while carrying explosives or while
391511.01 N 763411.69 W
awaiting the loading of explosives, the 391452.98 N 763352.67 W
Captain of the Port may require the at- 391447.90 N 763340.73 W
tendance of a tug upon such vessel or
barge when in his judgment such ac- (ii) No vessel shall remain in this an-
tion is necessary. chorage for more than 12 hours without
(4) Fishing and navigation are pro- permission from the Captain of the
hibited within an anchorage whenever Port.
occupied by an anchored vessel dis- (2) Anchorage No. 2, general anchorage.
playing a red flag. (i) The waters bounded by a line con-
(5) The District Engineer, U.S. Army
Corps of Engineers, may authorize, in Latitude Longitude
writing, a vessel carrying explosives 391446.23 N 763325.82 W
for use on river and harbor works or on 391456.96 N 763337.15 W
other work under Department of the 391508.55 N 763337.65 W
Army permit, to anchor in or near the 391519.28 N 763324.49 W
vicinity of such work. The Captain of 391519.33 N 763314.32 W
the Port will prescribe the conditions 391514.19 N 763257.76 W
under which explosives shall be stored 391506.87 N 763245.48 W
and handled in such cases. 391441.37 N 763227.38 W
(6) Vessels carrying explosives or on 391430.93 N 763233.52 W
which explosives are to be loaded, with- 391446.27 N 763249.69 W
in the weight limit specified in para- 391443.76 N 763253.62 W
graph (c)(1) of this section, shall com- 391457.51 N 763308.13 W
ply with the general regulations in (ii) No vessel shall remain in this an-
paragraph (b) of this section when ap- chorage for more than 72 hours without
plicable. permission from the Captain of the
(7) Nothing in this section shall be Port.
construed as relieving any vessel or the (3) Anchorage No. 3, Upper, general an-
owner or person-in-charge of any ves- chorage.
sel, and all others concerned, of the du- (i) The waters bounded by a line con-
ties and responsibilities imposed upon necting the following points:
them to comply with the regulations Latitude Longitude
governing the handling, loading or dis- 391432.48 N 763311.31 W
charging of explosives entitled Sub- 391446.23 N 763325.82 W
391457.51 N 763308.13 W
391443.76 N 763253.62 W
477
110.158 33 CFR Ch. I (7112 Edition)
(ii) No vessel shall remain in this an- permission from the Captain of the
chorage for more than 24 hours without Port.
permission from the Captain of the (8) Anchorage No. 7, Dead ship anchor-
Port. age.
(4) Anchorage No. 3, Lower, general an- (i) The waters bounded by a line con-
chorage. necting the following points:
(i) The waters bounded by a line con- Latitude Longitude
391300.40 N 763410.40 W
Latitude Longitude 391313.40 N 763410.81 W
391432.48 N 763311.31 W 391313.96 N 763405.02 W
391446.27 N 763249.69 W 391314.83 N 763329.80 W
391430.93 N 763233.52 W 391300.40 N 763329.90 W
391424.40 N 763239.87 W (ii) The primary use of this anchor-
391415.66 N 763253.58 W age is to lay up dead ships. Such use
(ii) No vessel shall remain in this an- has priority over other uses. Permis-
chorage for more than 72 hours without sion from the Captain of the Port must
permission from the Captain of the be obtained prior to the use of this an-
Port. chorage for more than 72 hours.
(5) Anchorage No. 4, general anchorage. (b) Definitions. As used in this sec-
(i) The waters bounded by a line con- tion: Class 1 (explosive) materials means
necting the following points: Division 1.1, 1.2, 1.3, and 1.4 explosives,
Latitude Longitude as defined in 49 CFR 173.50. Dangerous
cargo means certain dangerous cargo as
391352.91 N 763229.60 W defined in Sec. 160.203 of this title.
391405.91 N 763243.30 W (c) General regulations. (1) Except as
391407.30 N 763243.12 W otherwise provided, this section applies
391417.96 N 763226.41 W to vessels over 20 meters long and all
391405.32 N 763213.09 W vessels carrying or handling dangerous
391400.46 N 763217.77 W cargo or Class 1 (explosive) materials
(ii) No vessel shall remain in this an- while anchored in an anchorage ground
chorage for more than 72 hours without described in this section.
permission from the Captain of the (2) Except in cases where unforeseen
Port. circumstances create conditions of im-
(6) Anchorage No. 5, general anchorage. minent peril, or with the permission of
(i) The waters bounded by a line con- the Captain of the Port, no vessel shall
necting the following points: be anchored in Baltimore Harbor and
Latitude Longitude Patapsco River outside of the anchor-
age areas established in this section for
391407.89 N 763258.23 W more than 24 hours. No vessel shall an-
391334.82 N 763223.66 W chor within a tunnel, cable or pipeline
391322.25 N 763228.90 W area shown on a government chart. No
391321.20 N 763311.94 W vessel shall be moored, anchored, or
(ii) No vessel shall remain in this an- tied up to any pier, wharf, or other ves-
chorage for more than 72 hours without sel in such manner as to extend into es-
permission from the Captain of the tablished channel limits. No vessel
Port. shall be positioned so as to obstruct or
(7) Anchorage No. 6, general anchorage. endanger the passage of any other ves-
(i) The waters bounded by a line con- sel.
necting the following points: (3) Except in an emergency, a vessel
Latitude Longitude that is likely to sink or otherwise be-
come a menace or obstruction to navi-
391342.98 N 763219.11 W gation or the anchoring of other ves-
391320.65 N 763155.58 W sels may not occupy an anchorage, un-
391334.00 N 763133.50 W less the vessel obtains a permit from
391401.95 N 763202.65 W the Captain of the Port.
391351.01 N 763218.71 W (4) The Captain of the Port may
(ii) No vessel shall remain in this an- grant a revocable permit to a vessel for
chorage for more than 72 hours without a habitual use of an anchorage. Only
478
the vessel that holds the revocable per- (5) Each vessel handling or carrying
mit may use the anchorage during the dangerous cargoes or Class 1 (explosive)
period that the permit is in effect. materials while at anchor must display
(5) Upon notification by the Captain by day a bravo flag in a prominent lo-
of the Port to shift its position, a ves- cation and by night a fixed red light.
sel at anchor shall get underway and [CGFR 68132, 33 FR 18439, Dec. 12, 1968; 33 FR
shall move to its new designated posi- 20039, Dec. 31, 1968]
tion within 2 hours after notification.
(6) The Captain of the Port may pre- EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting 110.158, see the List of CFR
scribe specific conditions for vessels Sections Affected, which appears in the
anchoring within the anchorages de- Finding Aids section of the printed volume
scribed in this section, including, but and at www.fdsys.gov.
not limited to, the number and loca-
tion of anchors, scope of chain, readi- 110.159 Annapolis Harbor, MD.
ness of engineering plant and equip-
(a) The Anchorage Grounds(1) Naval
ment, usage of tugs, and requirements
Anchorage for Deep Draft Vessels. In the
for maintaining communication guards
Chesapeake Bay, bounded on the north
on selected radio frequencies.
by latitude 385800; on the east by a
(7) No vessel at anchor or at a moor- line bearing 203 from latitude 385800,
ing within an anchorage may transfer longitude 762400; on the south by lati-
oil to or from another vessel unless the tude 385630; and on the west by a line
vessel has given the Captain of the bearing 139 from Greenbury Point
Port the four hours advance notice re- Shoal Light. This anchorage is re-
quired by 156.118 of this chapter. served for deep draft naval vessels.
(8) No vessel shall anchor in a dead Berths in the area will be assigned on
ship status (propulsion or control un- application to the Superintendent, U.S.
available for normal operations) with- Naval Academy.
out prior approval of the Captain of the (2) Middle Ground Anchorage. Begin-
Port. ning at a point in the Severn River
(d) Regulations for vessels handling or 139, 620 yards from Triton Light (lo-
carrying dangerous cargoes or Class 1 (ex- cated at the intersection of the north-
plosive) materials. (1) This paragraph (d) east and southeast seawall of the Naval
applies to every vessel, except a U.S. Academy grounds); thence easterly to a
naval vessel, handling or carrying dan- point 11230, 970 yards from Triton
gerous cargoes or Class 1 (explosive) Light; thence southeasterly to a point
materials. 274, 1,045 yards from the radio tower at
(2) The Captain of the Port may re- the tip of Greenbury Point; thence
quire every person having business south-southeasterly to a point 23330,
aboard a vessel handling or carrying 925 yards from the radio tower at the
dangerous cargoes or Class 1 (explosive) tip of Greenbury Point; thence west to
materials while in an anchorage, other a point 295, 1,015 yards from Greenbury
than a member of the crew, to hold a Point Shoal Light: thence northwest-
form of identification prescribed in the erly to the point of beginning.
vessels security plan. (3) South Anchorage. In the Severn
(3) Each person having business River, beginning at a point on the
aboard a vessel handling or carrying shoreline at Horn Point, Eastport, 168,
dangerous cargoes or Class 1 (explosive) 1,190 yards from Triton Light; thence
materials while in an anchorage, other east to a point 294, 1,075 yards from
than a member of the crew, shall Greenbury Point Shoal Light; thence
present the identification prescribed by northwest to a point 143, 595 yards
paragraph (d)(2) of this section to any from Triton Light; thence westerly to
Coast Guard Boarding Officer who re- a point 209, 700 yards from Triton
quests it. Light; thence 180 to a point on the
(4) Each non-self-propelled vessel shoreline at Eastport. No vessel shall
handling or carrying dangerous cargoes anchor within 100 feet of any wharf,
or Class 1 (explosive) materials must marine railway, or other structure
have a tug in attendance at all times without the permission of the owner
while at anchor. thereof.
479
110.166 33 CFR Ch. I (7112 Edition)
(4) Naval Anchorage for Small Craft. In great emergency, within this area shall
the Severn River, beginning at a point be placed as close to an anchorage area
80 feet off the southeast seawall of the as practicable, and shall move away
Naval Academy bearing 132 from Tri- immediately after the emergency
ton Light; thence easterly to a point ceases.
07230, 285 yards from Triton Light; (3) No vessel shall be anchored in the
thence southeasterly to a point 109, cable and pipeline area, lying between
785 yards from Triton Light; thence the Naval Academy and the Naval Ship
westerly to a point 211, 537 yards from Research and Development Laboratory
Triton Light; thence northwesterly to and having the following limits: South-
a point 45 yards off the southeast sea- eastern limit, from Triton Light 072 to
wall of the Naval Academy bearing white Cable Crossing sign at the
214, 535 yards from Triton Light; Naval Ship Research and Development
thence northeasterly to the point of be- Laboratory; northwestern limit, a line
ginning. Except in the case of emer- bearing 054 from the Capitol Dome.
gency, no vessel shall be anchored in (4) Except in the case of emergency,
this area without the permission of the no vessel shall be anchored, without
Superintendent, U.S. Naval Academy. permission of the Superintendent, U.S.
Anchorages will be assigned upon re- Naval Academy, in the Naval Academy
quest to the Superintendent, U.S. Drill area described as follows:
Naval Academy. That portion of the Severn River
(5) Spa Creek Anchorage. In Spa lying to the northeastward of the
Creek, those waters bounded by a line Naval Academy, bounded on the north
connecting the following points: by the State Highway Bridge and on
385837.3 N 762848.1 W the south by the northern limit of the
385836.1 N 762857.8 W cable and pipeline area, excluding that
385831.6 N 762903.3 W area off the eastern shoreline enclosed
385826.7 N 762859.5 W
by a line bearing approximately 131
Datum: NAD 83 from the eastern abutment of the State
NOTE: The City Council of Annapolis has
Highway Bridge to the vicinity of
promulgated local ordinances to the control Ferry Point. This drill area also in-
building of structures, and mooring and an- cludes the lower part of Dorseys Creek
chorage of vessels in anchorages (a)(3), and below the Naval Academy Drawbridge.
(a)(5). These local ordinances will be en- Requests to anchor in this drill area
forced by the local Harbor Master. shall be made to the Superintendent,
(b) The regulations. (1) Except in the U.S. Naval Academy.
case of emergency, no vessel shall be (5) The restrictions in this section do
anchored in the area to the north and not apply to the anchoring or marking
east of the Annapolis Channel bounded by buoys of apparatus used for the pur-
on the east by Greenbury Point; on the pose of taking seafood, except within
south by a line bearing 270 from the the cable or pipeline area described in
southern tip of Greenbury Point; on paragraph (b)(3) of this section.
the west by the Annapolis Channel; on (6) The regulations in paragraph (b)
the north by the southern boundry of of this section shall be enforced by the
the cable area and the shoreline of the Superintendent, U.S. Naval Academy,
Government reservation and Carr and such agencies as he may designate.
Creek. [CGFR 6897, 34 FR 9677, June 20, 1969, as
(2) Except in the case of emergency, amended by CGD 058115R, 47 FR 29658,
no vessel shall be anchored in Annap- 29659, July 8, 1982; CGD0593103, 60 FR 27696,
olis Harbor to the westward of the May 25, 1995; 60 FR 45776, Sept. 1, 1995]
dredged channel and northward of the
southern boundry of the South Anchor- 110.166 York River, Va., naval an-
age outside of the established anchor- chorage.
age areas, except in Spa Creek and the (a) The anchorage grounds. Between
area to the southwestward of the Naval Yorktown and the Naval Mine Depot,
anchorage for small craft. No vessel beginning at latitude 371534, lon-
shall be so anchored that any part of gitude 763125; thence to latitude
the vessel extends at any time within 371525, longitude 763139.5; thence to
this area. Any vessel anchoring, under latitude 371621.5, longitude 763246;
480
thence to latitude 371707.5, longitude 365549.5 N 761031.6 W

763417; thence to latitude 371755,
365804.5 N 761000.9 W
longitude 763514.5; thence to latitude
371805, longitude 763501; thence to 365731.7 N 760753.6 W
latitude 371720, longitude 763407; 365524.6 N 760827.6 W
thence to latitude 371633.5, longitude
763234, and thence to the point of be- (iv) Anchorage E [Commercial Explo-
ginning. sives Anchorage]. The waters bounded
(b) The regulations. This anchorage is by a line connecting the following
reserved for the exclusive use of naval points:
vessels and except in cases of emer- Latitude Longitude
gency, no other vessel shall anchor 365959.2 N 761345.8 W
therein without permission from the 365908.7 N 761032.6 W
local naval authorities, obtained
365813.5 N 761050.6 W
through the Captain of the Port, Nor-
folk, Virginia. Movement of vessels 365902.5 N 761408.9 W
through the anchorage will not be re-
stricted. (v) Explosives Handling Berth E1 [Ex-
plosives Anchorage Berth]. The waters
110.168 Hampton Roads, Virginia and bounded by the arc of a circle with a
adjacent waters (Datum: NAD 83). radius of 500 yards and the center lo-
(a) Anchorage Grounds(1) Anchorage cated at:
A [Naval Anchorage]. The waters bound- Latitude Longitude
ed by the shoreline and a line con- 365905.5 N 761121.8 W
(3) Hampton Roads Anchorages. (i) An-
Latitude Longitude
chorage F, Hampton Bar. The waters
365536.2 N 760246.3 W bounded by a line connecting the fol-
365703.3 N 760301.4 W lowing points:
365645.5 N 760128.8 W
365555.7 N 760135.7 W Latitude Longitude
(2) Chesapeake Bay, Thimble Shoals 365925.5 N 762005.8 W
Channel Anchorages. 365952.1 N 761910.8 W
(i) Anchorage B [Naval Anchorage]. 365925.7 N 761847.3 W
The waters bounded by a line con- 365849.6 N 761932.6 W
(ii) Anchorage Berth F1. The waters
Latitude Longitude
bounded by the arc of a circle with a
365758.5 N 760605.8 W radius of 500 yards and the center lo-
365711.5 N 760300.9 W cated at:
365549.3 N 760312.8 W
365704.5 N 760605.8 W 365929.6 N 761913.9 W
365709.0 N 760623.3 W
(iii) Anchorage G, Hampton Flats
(ii) Anchorage C [Naval Anchorage]. (Naval Explosives Anchorage). The wa-
The waters bounded by a line con- ters bounded by a line connecting the
necting the following points: following points:
Latitude Longitude
365855.3 N 760940.3 W
365819.3 N 760716.8 W
365804.5 N 760958.8 W 365925.0 N 762007.0 W
365849.1 N 761933.8 W
(iii) Anchorage D [Naval Anchorage]. 365741.4 N 762107.7 W
The waters bounded by the shoreline 365734.6 N 762126.7 W
and a line connecting the following
365731.1 N 762201.9 W
points:
365807.0 N 762203.0 W
481
110.168 33 CFR Ch. I (7112 Edition)
(iv) Explosives Handling Berth G1. (ii) Anchorage Berth I1. The waters
The waters bounded by the arc of a cir- bounded by the arc of a circle with a
cle with a radius of 500 yards and the radius of 400 yards and the center lo-
center located at: cated at:
Latitude Longitude Latitude Longitude
365750.5 N 762135.8 W 365709.0 N 762520.4 W
(iii) Anchorage Berth I2. The waters
(v) Explosives Handling Berth G2. The bounded by the arc of a circle with a
waters bounded by the arc of a circle radius of 400 yards and with the center
with a radius of 500 yards and the cen- located at:
ter located at:
Latitude Longitude
(vi) Explosives Handling Berth G3. 365723.8 N 762546.0 W
The waters bounded by the arc of a cir-
(iv) Anchorage J, Newport News Middle
cle with a radius of 500 yards and with
Ground. The waters bounded by a line
the center located at:
connecting the following points:

365834.2 N 762031.4 W 365559.9 N 762211.7 W
(vii) Explosives Handling Berth G4. 365559.9 N 762400.0 W
The waters bounded by the arc of a cir- 365625.3 N 762348.0 W
cle with a radius of 500 yards and with 365710.2 N 762409.9 W
the center located at: 365712.0 N 762347.3 W
365638.5 N 762139.1 W
(v) Anchorage K, Newport News Middle
365854.9 N 762003.2 W Ground. The waters bounded by a line
(viii) Anchorage H, Newport News Bar. connecting the following points:
The waters bounded by a line con-
365738.8 N 762418.5 W 365756.4 N 762030.5 W
365752.3 N 762229.7 W 365708.5 N 762031.0 W
365807.4 N 762201.8 W 365648.8 N 762022.5 W
365731.6 N 762200.6 W 365645.0 N 762032.0 W
365718.7 N 762410.1 W 365645.0 N 762137.7 W
365714.1 N 762329.1 W
(4) James River Anchorages. (i) Anchor- 365728.1 N 762111.7 W
age I, Newport News. The waters bound-
ed by a line connecting the following (vi) Anchorage Berth K1. The waters
points: bounded by the arc of a circle with a
radius of 400 yards and with the center
Latitude Longitude located at:
365849.0 N 762709.8 W
365835.9 N 762637.2 W
365752.2 N 762601.6 W
Latitude Longitude
365731.1 N 762533.3 W
365707.2 N 762443.1 W 365730.5 N 762045.3 W
365623.1 N 762426.8 W (vii) Anchorage Berth K2. The waters
365603.5 N 762435.8 W bounded by the arc of a circle with a
365754.2 N 762640.3 W radius of 400 yards and with the center
365823.5 N 762709.8 W located at:
482

365716.8 N 762109.5 W 371730.3 N 760553.9 W
(viii) Anchorage Berth L, Craney Is- 371625.0 N 760518.4 W
land Flats. The waters bounded by a 371608.4 N 760606.0 W
line connecting the following points: (i) Anchorage Berth Q1. The waters
bounded by the arc of a circle with a
radius of 500 yards and with the center
located at:
Latitude Longitude
365559.9 N 762211.7 W
365638.5 N 762045.5 W
365604.2 N 762026.2 W
371705.7 N 760608.9 W
(5) Elizabeth River Anchorages. (i) An-
chorage M, Port Norfolk. The waters (ii) Anchorage Berth Q2. The waters
bounded by a line connecting the fol- bounded by the arc of a circle with a
lowing points: radius of 500 yards with the center lo-
cated at:
Latitude Longitude
365145.8 N 761920.7 W 371633.0 N 760551.1 W
365137.8 N 761924.3 W
365132.5 N 761931.1 W (b) Definitions. As used in this sec-
365140.7 N 761937.3 W tion
365145.7 N 761931.5 W Class 1 (explosive) materials means Di-
(ii) Anchorage N, Hospital Point. The vision 1.1, 1.2, 1.3, and 1.4 explosives, as
waters bounded by a line connecting defined in 49 CFR 173.50.
the following points: Dangerous cargo means certain dan-
gerous cargo as defined in 160.204 of
this title.
U.S. naval vessel means any vessel
Latitude Longitude owned, operated, chartered, or leased
365105.4 N 761822.4 W by the U.S. Navy; any pre-commis-
365050.0 N 761800.0 W sioned vessel under construction for
365036.7 N 761752.8 W the U.S. Navy, once launched into the
365033.6 N 761758.8 W water; and any vessel under the oper-
365049.3 N 761809.0 W ational control of the U.S. Navy or a
365050.3 N 761807.8 W Combatant Command.
365056.2 N 761812.5 W (c) General regulations. (1) Except as
365101.8 N 761832.3 W otherwise provided, this section applies
(iii) Anchorage O, The Hague. The wa- to vessels over 20 meters long and ves-
ters of the basin known as The sels carrying or handling dangerous
Hague, north of the Brambleton Ave- cargo or Class 1 (explosive) materials
nue Bridge, except for the area within while anchored in an anchorage ground
100 feet of the bridge span that provides described in this section.
access to and from the Elizabeth River. (2) Except as otherwise provided, a
(6) Anchorage Q. Quarantine Anchor- vessel may not occupy an anchorage
age. The waters bounded by a line con- for more than 30 days, unless the vessel
necting the following points: obtains permission from the Captain of
the Port.
Latitude Longitude
483
110.168 33 CFR Ch. I (7112 Edition)
(3) Except in an emergency, a vessel four hours advance notice required by

that is likely to sink or otherwise be- 156.118 of this title.
come a menace or obstruction to navi- (12) Barges may not anchor in the
gation or to the anchoring of other ves- deeper portions of anchorages or inter-
sels, may not occupy an anchorage, un- fere with the anchoring of deep-draft
less the vessel obtains permission from vessels.
the Captain of the Port. (13) Barges towed in tandem to an an-
(4) The Captain of the Port may, chorage must be nested together when
upon application, assign a vessel to a anchored.
specific berth within an anchorage for (14) Any vessel anchored or moored in
a specified period of time. an anchorage adjacent to the Chesa-
(5) The Captain of the Port may peake Bay Bridge Tunnel or Monitor-
grant a revocable permit to a vessel for Merrimac Bridge Tunnel (MMBT) must
a habitual use of a berth. Only the ves- be capable of getting underway within
sel that holds the revocable permit 30 minutes with sufficient power to
may use the berth during the period keep free of the bridge tunnel complex.
that the permit is in effect. (15) A vessel may not anchor or moor
(6) The Commander, Fifth Coast in an anchorage adjacent to the Chesa-
Guard District, may authorize the es- peake Bay Bridge Tunnel or Monitor-
Merrimac Bridge Tunnel (MMBT) if its
tablishment and placement of tem-
steering or main propulsion equipment
porary mooring buoys within a berth.
is impaired.
Placement of a fixed structure within
(d) Regulations for vessels handling or
an anchorage may be authorized by the
carrying dangerous cargoes or Class 1 (ex-
District Engineer, U.S. Army Corps of
plosive) materials. This paragraph ap-
Engineers.
plies to every vessel, except a naval
(7) If an application is for the long- vessel, handling or carrying dangerous
term lay up of a vessel, the Captain of cargoes or Class 1 (explosive) mate-
the Port may establish special condi- rials.
tions in the permit with which the ves- (1) Unless otherwise directed by the
sel must comply. Captain of the Port, each commercial
(8) Upon notification by the Captain vessel handling or carrying dangerous
of the Port to shift its position within cargoes or Class 1 (explosive) materials
an anchorage, a vessel at anchor must must be anchored or moored within
get underway at once or signal for a Anchorage Berth E1.
tug. The vessel must move to its new (2) Each vessel, including each tug
location within 2 hours after notifica- and stevedore boat, used for loading or
tion. unloading dangerous cargoes or Class 1
(9) The Captain of the Port may pre- (explosive) materials in an anchorage,
scribe specific conditions for vessels must have permission issued by the
anchoring within the anchorages de- Captain of the Port.
scribed in this section, including, but (3) The Captain of the Port may re-
not limited to, the number and loca- quire every person having business
tion of anchors, scope of chain, readi- aboard a vessel handling or carrying
ness of engineering plant and equip- dangerous cargoes or Class 1 (explosive)
ment, usage of tugs, and requirements materials while in an anchorage, other
for maintaining communications than a member of the crew, to hold a
guards on selected radio frequencies. form of valid identification.
(10) A vessel that does not have a suf- (4) Each person having business
ficient crew on board to weigh anchor aboard a vessel handling or carrying
at any time must have two anchors in dangerous cargoes or Class 1 (explosive)
place, unless the Captain of the Port materials while in an anchorage, other
waives this requirement. Members of than a member of the crew, must
the crew may not be released until the present the identification prescribed by
required anchors have been set. paragraph (d)(3) of this section to any
(11) No vessel at anchor or at a moor- Coast Guard boarding officer who re-
ing within an anchorage may transfer quests it.
oil to another vessel unless the vessel (5) Each non-self-propelled vessel
has given the Captain of the Port the handling or carrying dangerous cargoes
484
or Class 1 (explosive) materials must (ii) When handling or transferring

have a tug in attendance at all times Class 1 (explosive) materials in Anchor-
while at anchor. age G, naval vessels must comply with
(6) Each vessel handling or carrying Department of Defense Ammunition
dangerous cargoes or Class 1 (explosive) and Explosives Safety Standards, or
materials while at anchor must display the standards in this section, which-
by day a red flag (Bravo flag) in a ever are the more stringent.
prominent location and by night a (iii) When barges and other vessels
fixed red light. are berthed at the Ammunition Barge
(e) Regulations for Specific Anchor- Mooring Facility, located at latitude
ages(1) Anchorages A, B, C, and D. Ex- 365834 N, longitude 762112 W., no
cept for a naval vessel, military sup- other vessel, except a vessel that is re-
port vessel, or vessel in an emergency ceiving or offloading Class 1 (explosive)
situation, a vessel may not anchor in materials, may anchor within 1,000
Anchorages A, B, C, or D without the yards of the Ammunition Barge Moor-
permission of the Captain of the Port. ing Facility. Vessels transferring class
The Captain of the Port must consult 1 (explosive) materials must display by
with the Commander, Naval Amphib- day a red flag (Bravo flag) in a promi-
ious Base Little Creek, before granting nent location and by night a fixed red
a vessel permission to anchor in An- light.
chorages A, B, C, or D. (iv) Whenever a vessel is handling or
(2) Anchorage E. (i) A vessel may not transferring Class 1 (explosive) mate-
anchor in Anchorage E without permis- rials while at anchor in Anchorage G,
sion from the Captain of the Port. no other vessel may anchor in Anchor-
(ii) The Captain of the Port must age G without the permission of the
give commercial vessels priority over Captain of the Port. The Captain of the
naval and public vessels. Port must consult with the Com-
(iii) The Captain of the Port may at mander, Naval Station Norfolk, before
any time revoke permission to anchor granting a vessel permission to anchor
in Anchorage E issued under the au- in Anchorage G.
thority of paragraph (e)(4)(i) of this
(v) A vessel located within Anchorage
section.
G may not handle or transfer Class 1
(iv) A vessel may not anchor in An- (explosive) materials within 400 yards
chorage Berth E1, unless it is handling of Norfolk Harbor Entrance Reach.
or carrying dangerous cargoes or Class
(vi) A vessel may not handle or trans-
1 (explosive) materials.
fer Class 1 (explosive) materials within
(v) A vessel may not anchor within
850 yards of another anchored vessel,
500 yards of Anchorage Berth E1 with-
unless the other vessel is also handling
out the permission of the Captain of
or transferring Class 1 (explosive) ma-
the Port, if the berth is occupied by a
terials.
vessel handling or carrying dangerous
cargoes or Class 1 (explosive) mate- (vii) A vessel may not handle or
rials. transfer Class 1 (explosive) materials
(3) Anchorage F. A vessel having a within 850 yards of Anchorage F or H.
draft less than 45 feet may not anchor (5) Anchorage I: Anchorage Berths I1
in Anchorage F without the permission and I2. A vessel that is 500 feet or less
of the Captain of the Port. No vessel in length or that has a draft of 30 feet
may anchor in Anchorage F for a or less may not anchor in Anchorage
longer period than 72 hours without Berth I1 or I2 without the permission
permission from the Captain of the of the Captain of the Port.
Port. Vessels expecting to be at anchor (6) Anchorage K: Anchorage Berths K
for more than 72 hours must obtain 1 and K2. A vessel that is 500 feet or
permission from the Captain of the less in length or that has a draft of 30
Port. feet or less may not anchor in Anchor-
(4) Anchorage G. (i) Except for a naval age Berth K1 or K2 without the per-
vessel, a vessel may not anchor in An- mission of the Captain of the Port.
chorage G without the permission of (7) Anchorage N. Portions of this an-
the Captain of the Port. chorage are a special anchorage area
485
110.170 33 CFR Ch. I (7112 Edition)
under 110.72aa of this part during ma- (4) Nothing in this section shall be
rine events regulated under 100.501 of construed as relieving the owner, mas-
this chapter. ter, or person in charge of any vessel
(8) Anchorage O. (i) A vessel may not from the penalties of the law for ob-
anchor in Anchorage O unless it is a structing navigation or for not com-
recreational vessel. plying with the navigation laws in re-
(ii) No float, raft, lighter, houseboat, gard to lights, fog signals, etc.
or other craft may be laid up for any [CGFR 691, 34 FR 839, Jan. 18, 1969]
reason in Anchorage O without the per-
mission of the Captain of the Port. 110.173 Port of Charleston, SC.
(9) Anchorage Q: Quarantine Anchor-
(a) The anchorage grounds(1) Com-
age. (i) A vessel that is arriving from or
mercial Anchorage A. This anchorage is
departing for sea and that requires an
located adjacent to the western edge of
examination by public health, customs,
Folly Island Channel and southwest of
or immigration authorities shall an-
Rebellion Reach and is bounded by the
chor in Anchorage Q. Vessels not need-
following coordinates:
ing examination may use Anchorage Q
at any time. 324534 N., 795212 W.; to
(ii) Every vessel using Anchorage Q 324617 N., 795321 W.; to
must be prepared to move promptly 324551 N., 795323 W.; to
under its own power to another loca- 324534 N., 795255 W.; thence back to
tion when directed by the Captain of 324534 N., 795212 W.
the Port, and must promptly vacate (2) Commercial Anchorage B. This an-
Anchorage Q after being examined and chorage is located adjacent to the
released by authorities. south side of South Channel and bound-
(iii) Any non-self-propelled vessel ed by the following coordinates:
using Anchorage Q must have a tug-
324528 N., 795340 W.; to
boat in attendance while undergoing 324528 N., 795446 W.; to
examination by quarantine, customs, 324519 N., 795446 W.; to
or immigration authorities, except 324512 N., 795406 W.; to
with the permission of the Captain of 324516 N., 795340 W.; thence back to
the Port. 324528 N., 795340 W.
[CGD0504043, 70 FR 29955, May 25, 2005, as (3) Commercial Anchorage C. This an-
amended by USCG20080041, 73 FR 5746, Jan. chorage is located 1800 yards, 118 true
31, 2008] from St. Michaels Church Spire and
has a diameter of 500 yards. Vessels
110.170 Lockwoods Folly Inlet, N.C.
using this anchorage must anchor in
(a) Explosives Anchorage. Beginning at the center.
a point southeast of Shallotte Inlet at (4) Commercial Anchorage D. This an-
latitude 335231, longitude 781849; chorage is located 5130 true, 1375 yards
thence south to latitude 335131, lon- from St. Michaels Church Spire and
gitude 781842; thence east to latitude has a diameter of 1400 feet. The use of
335151, longitude 781435; thence this anchorage is limited to loaded ves-
north to latitude 335252, longitude sels for a period of not more than 24
781440; thence west to the point of be- hours.
ginning. (b) The regulations. (1) Except in cases
(b) General regulations. (1) This an- of great emergency, no vessel shall be
chorage is reserved for the exclusive anchored in the main ship channels as
use of vessels carrying explosives. defined by broken lines marking their
(2) Vessels in this anchorage shall boundaries on NOAA Chart 11524. Ves-
not anchor closer than 1,500 yards to sels must be anchored in such a way as
one another. This provision is not in- not to interfere with the free naviga-
tended to prohibit barges or lighters tion of channels in the port, including
from lying alongside vessels for trans- Cooper, Ashley, Wando Rivers, and
fer of cargo. Town Creek, nor to obstruct the ap-
(3) The maximum quantity of explo- proach to any pier or entrance to any
sives aboard any vessel that may be in slip, nor to impede the movement of
this anchorage is 8,000 tons. any vessel or craft.
486
(2) Vessels using the anchorages op- (11) No vessel may conduct lightering
posite the eastern waterfront of operations in an anchorage without
Charleston shall place their anchors as permission from the Captain of the
near as possible in the center of the an- Port.
chorage. Vessels not using a designated (12) When the use of an anchorage is
commercial anchorage shall not place required by naval vessels, the vessels
their anchors within the main ship anchored therein shall move when the
channels, nor shall be so anchored as to Captain of the Port directs them.
swing within 400 feet of any wharf or (13) Nothing in this section shall be
pier on the eastern waterfront of construed as relieving the owner or
Charleston. Vessels may be so anchored person in charge of any vessel from the
as to swing into the main ship channels penalties of law for obstructing naviga-
only if they are so placed with ref- tion, or for obstructing or interfering
erence to the customary winds, tides, with range lights, or for not complying
and currents of the harbor, as to swing with the navigation laws in regard to
only during slack water, and that dur- lights, fog signals, etc.
ing this period there shall remain in
the waters adjacent to the channel an [CGD7 8315, 49 FR 26587, June 28, 1984]
area of sufficient depth as to permit
the safe passage of loaded vessels. 110.179 Skidaway River, Isle of Hope,
Ga.
(3) No vessel may anchor within the
designated anchorages for more than 72 (a) The anchorage ground. An area in
hours without the prior approval of the Skidaway River beginning at a point
Captain of the Port. on the mean low water line 400 feet
(4) No vessel may anchor unless it south of Brady Boat Works, thence
maintains a bridge watch, guards and 7630, 300 feet to a buoy; thence 15230,
answers Channel 16 FM, and maintains 900 feet to a buoy; thence 25100, 450
an accurate position plot. feet to the mean low water line at
(5) If any anchored vessel is so close Wymberly Yacht Club dock.
to another that a collision is probable, (b) The regulations. (1) Except in cases
each vessel must communicate with of great emergency, no vessels shall an-
the other vessel and the Captain of the chor in Skidaway River between the
Port on Channel 16 FM and shall act to north end of Barbees dock and south-
eliminate the close proximity situa- ward to Day Marker 48 except in the
tion. anchorage area hereby defined and es-
(6) No vessel may anchor unless it tablished: Provided, however, That ves-
maintains the capability to get under- sels may moor to any lawfully con-
way within 4 hours. structed wharf.
(7) No vessel may anchor in a dead (2) Except in cases of great emer-
ship status (propulsion or control un- gency, no vessel shall be anchored
available for normal operations) with- where it can swing within 50 feet of any
out the prior approval of the Captain of lawfully constructed wharf or within 50
the Port. feet of the mean low water line, nor
(8) Dragging of anchors in or across shall any vessel be so anchored that
main ship channels and cable areas is any portion of the hull or rigging shall
prohibited. at any time extend outside the bound-
(9) Vessels which, through force of ary of the anchorage area.
great emergency, are anchored con- (3) Any vessel anchoring under cir-
trary to the foregoing regulations in cumstances of great emergency outside
this section shall be shifted to new the anchorage area should be placed in
berths in accordance with such regula- such a position as not to interfere with
tions at the earliest opportunity. the free navigation of the channel nor
(10) A vessel, upon notification from obstruct the approach to any lawfully
the Captain of the Port to shift its po- constructed wharf nor impede the
sition in anchorage grounds must get movement of any boat, and shall move
underway at once or signal for a tug, away immediately after the emergency
and must change position as directed ceases or upon notification of the Dis-
with reasonable promptness. trict Commander.
487
110.182 33 CFR Ch. I (7112 Edition)
(4) No vessels with an overall length (3) No more than 500,000 pounds net
greater than 65 feet will use the an- high explosives or equivalent may be
chorage area except in cases of great exposed in the area at any one time.
emergency. (d) The regulations in this section
(5) Vessels operating within the an- shall be enforced by the Commanding
chorage area will not exceed a speed of Officer, U.S. Naval Station, Mayport,
five (5) miles per hour. Fla., or other agencies that he may
designate.
110.182 Atlantic Ocean off Fort
George Inlet, near Mayport, Fla. 110.183 St. Johns River, Florida.
(a) The Anchorage areas(1) Anchor- (a) The anchorage grounds(1) An-
ages for aircraft carriers and other deep chorage A. (Upper Anchorage) The An-
draft vessels. Four circular areas each chorage is established within the fol-
with a radius of 600 yards and with lowing coordinates, the area enclosed
their centers located at: Alatitude by a line starting at the south shore
302535, longitude 812123; Blati- westerly of the entrance to Miller
tude 302613, longitude 812113; C Creek at
latitude 302619, longitude 812027; 301843.8 N, 0813815.0 W; thence to
Dlatitude 302655, longitude 301852.8 N, 0813815.0 W; thence to
812047. 301847.6 N, 0813747.6 W; thence to
(2) Anchorages for destroyers and other 301855.0 N, 0813729.0 W; thence to
ships of similar size. Six circular areas 301906.0 N, 0813727.0 W; thence to
each with a radius of 300 yards and 301906.0 N, 0813702.0 W; thence to
301901.2 N, 0813702.0 W; thence returning
with their centers located at: 1lati- to the point of beginning.
tude 302438; longitude 812157; 2
latitude 302457, longitude 812158; (2) Anchorage B. (Lower Anchorage)
3latitude 302456, longitude The Anchorage is established within
812138; 4latitude 302513, lon- the following coordinates, the area en-
gitude 812205; 5latitude 302513, closed by a line starting at a point on
longitude 812143; 6latitude the eastern shore of the river at Floral
302507, longitude 812124. Bluff at
(3) Explosives anchorage. The circular 302100.0 N, 0813641.0 W; thence to
area A described in paragraph (a)(1) 302000.0 N, 0813703.0 W; thence to
of this section is also designated as an 302100.0 N, 0813706.0 W; thence to
explosives anchorage for use during pe- 302150.0 N, 0813656.0 W; thence to
riods when ammunition must be han- 302154.0 N, 0813648.0 W; thence re-
dled outside the limits of the U.S. turning to the point of beginning.
Naval Station, Mayport, Fla. (b) The regulations. (1) Except in cases
(b) The regulations for all designated of emergency, only vessels meeting the
areas. (1) Usage of these areas by naval conditions and restrictions of this
vessels shall predominate only when paragraph will be authorized by the
necessary for military requirements; at Captain of the Port to anchor in the
such times other vessels shall remain St. Johns River, as depicted on NOAA
clear of the areas. chart 11491, between the entrance buoy
(2) Prudent assignment of the an- (STJ) and the Main Street Bridge (in
chorage areas shall be made by the position 301920 N, 813932 W). Vessels
Commanding Officer, U.S. Naval Sta- unable to meet any of the following
tion, Mayport, Fla. conditions and restrictions must ob-
(c) Additional regulations for Explosives tain specific authorization from the
Anchorage Area A. (1) When occupied Captain of the Port prior to anchoring
by a vessel handling explosives, no in Anchorage A or B.
other vessel may enter the area unless (2) All vessels intending to enter and
authorized by the enforcing agency. anchor in Anchorage A or B shall no-
(2) Only one vessel handling explo- tify the Captain of the Port prior to en-
sives may anchor in the area at one tering.
time. A patrol craft shall be utilized to (3) Anchorages A and B are tem-
assure that other vessels remain clear porary anchorages. Additionally, An-
when explosives are exposed or being chorage B is used as a turning basin.
transferred to and from the anchorage. Vessels may not anchor for more than
488
24 hours in either anchorage without established, except in cases of great

specific written authorization from the emergency.
Captain of the Port. (2) Vessels anchoring under cir-
(4) All vessels at anchor must main- cumstances of great emergency outside
tain a watch on VHF-FM channels 13 the anchorage areas shall be shifted to
and 16 by a person fluent in English, new positions within the anchorage
and shall make a security broadcast on areas immediately after the emergency
channel 13 upon anchoring and every 4 ceases.
hours thereafter. [CGD 78510, 51 FR 11726, Apr. 7, 1986]
(5) Anchorage A is restricted to ves-
sels less than 250 feet in length. 110.186 Port Everglades, Florida.
(6) Anchorage B is restricted to ves- (a) The anchorage grounds. The an-
sels with a draft of 24 feet or less, re- chorage grounds, the center of which is
gardless of length. located approximately two and one half
(7) Any vessel transferring petroleum miles northeast of the entrance to Port
products within Anchorage B shall Everglades, is an area bounded by a
have a pilot or Docking Master aboard, line connecting points with the fol-
and employ sufficient assist tugs to as- lowing North American Datum 83 co-
sure the safety of the vessel at anchor ordinates:
and any vessels transiting the area.
Latitude Longitude
(8) Any vessel over 300 feet in length
within Anchorage B shall have a Pilot 260826.934 N .................... 0800428.240 W
or Docking Master aboard, and employ 260808.560 N .................... 0800416.158 W
260756.000 N .................... 0800417.486 W
sufficient assist tugs to assure the safe- 260756.000 N .................... 0800242.623 W
ty of the vessel at anchor and any ves- 260719.500 N .................... 0800253.153 W
sels transiting the area. 260719.500 N .................... 0800428.800 W
260635.160 N .................... 0800428.800 W
[CGD0793035, 60 FR 14220, Mar. 16, 1995, as 260635.160 N .................... 0800438.694 W
260826.934 N .................... 0800428.240 W
amended by CGD0799023, 64 FR 42279, Aug.
4, 1999]
(b) The regulations. (1) Commercial
110.185 Atlantic Ocean, off the Port vessels in the Atlantic Ocean in the vi-
of Palm Beach, FL. cinity of Port Everglades shall anchor
only within the anchorage area hereby
(a) The anchorage grounds. (1) An- defined and established, except in cases
chorage A. The waters lying within an of emergency.
area bounded by a line beginning at (2) Prior to entering the anchorage
latitude 265000 N., longitude 800112 area, all vessels shall notify the Coast
W.; thence westerly to latitude 265000 Guard Captain of the Port, via the Port
N., longitude 800130 W.; thence south- Everglades Harbormaster, on VHF-FM
erly to latitude 264730 N., longitude Channel 14.
800130 W.; thence easterly to latitude (3) All vessels within the designated
264730 N., longitude 800112 W.; and anchorage area shall maintain a 24-
thence northerly to the point of begin- hour bridge watch by a licensed or
ning. credentialed deck officer proficient in
(2) Anchorage B. The waters lying English, monitoring VHFFM channel
within an area bounded by a line begin- 16. This individual shall confirm that
ning at latitude 264506 N., longitude the ships crew performs frequent
800112 W.; thence westerly to latitude checks of the vessels position to en-
264506 N., longitude 800142 W.; sure the vessel is not dragging anchor.
thence southerly to latitude 264348 (4) Vessels may anchor anywhere
N., longitude 800142 W.; thence eas- within the designated anchorage area
terly to latitude 264348 N., longitude provided that: such anchoring does not
800112 W.; and thence northerly to interfere with the operations of any
the point of beginning. other vessels currently at anchorage;
(b) The regulations. (1) Vessels in the and all anchor and chain or cable is po-
Atlantic Ocean near Lake Worth Inlet sitioned in such a manner to preclude
awaiting berthing space at the Port of dragging over reefs.
Palm Beach, shall only anchor within (5) No vessel may anchor in a dead
the anchorage areas hereby defined and ship status (i.e. propulsion or control
489
110.188 33 CFR Ch. I (7112 Edition)
unavailable for normal operations) the 12 line at a point B, 212 nautical

without the prior approval of the Cap- miles north of the said point X. The
tain of the Port. Vessels experiencing northern and southern extremities of
casualties such as a main propulsion, the 12 line are marked by spar buoys.
main steering or anchoring equipment The entire anchorage area lies north of
malfunction or which are planning to the entrance channel to Miami Harbor.
perform main propulsion engine repairs (b) The rules and regulations. (1) Ex-
or maintenance, shall immediately no- cept in cases of great emergency, no
tify the Coast Guard Captain of the vessel shall be anchored in the Atlantic
Port via Coast Guard Sector Miami on Ocean in the vicinity of the entrances
VHFFM Channel 16. to the approach channels leading to the
(6) No vessel may anchor within the cities of Miami Beach and Miami, Fla.,
designated anchorage for more than 72 outside of the anchorage area hereby
hours without the prior approval of the defined and establishedthat is, they
Captain of the Port. To obtain this ap- shall not anchor shoreward of the line
proval, contact the Coast Guard Cap- first named nor southward of the sec-
tain of the Port, via the Port Ever- ond nor northward of the third line
glades Harbor Master, on VHFFM but may anchor as far to the eastward
Channel 14. as may be desired.
(7) The Coast Guard Captain of the (2) Any vessel anchoring under cir-
Port may close the anchorage area and cumstances of great emergency outside
direct vessels to depart the anchorage of the anchorage area shall be shifted
during periods of adverse weather or at to new berths within the area imme-
other times as deemed necessary in the diately after the emergency ceases.
interest of port safety or security. (3) All vessels shall lie at anchor with
(8) Commercial vessels anchoring as short a cable as conditions will per-
under emergency circumstances out- mit.
side the anchorage area shall shift to (4) A vessel upon being notified to
new positions within the anchorage move into the anchorage limits or to
area immediately after the emergency shift its position on the anchorage
ceases. ground must get under way at once or
(9) Whenever the maritime or com- signal for a tug, and must change posi-
mercial interests of the United States tion as directed with reasonable
so require, the Captain of the Port, promptness.
U.S. Coast Guard, Miami, Florida, may (5) Whenever the maritime or com-
direct relocation of any vessel an- mercial interests of the United States
chored within the anchorage area. Once so require, the Captain of the Port,
directed, such vessel must get under- U.S. Coast Guard, Miami, Fla., is here-
way at once or signal for a tug, and by empowered to shift the position of
must change position as directed. any vessel anchored on the anchorage
ground or outside thereof, or of any
[CGD 0791060, 58 FR 36356, July 7, 1993, as
amended by CGD 0799003, 64 FR 20177, Apr. vessel moored or anchored so as to im-
26, 1999; USCG200625556, 72 FR 36328, July 2, pede or obstruct vessel movements or
2007; USCG20070036, 73 FR 6610, Feb. 5, 2008; obstruct or interfere with range lights.
USCG200624371, 74 FR 11212, Mar. 16, 2009] (6) Vessels carrying explosives shall
be anchored only under a written per-
110.188 Atlantic Ocean off Miami and mit issued by the Captain of the Port
Miami Beach, Fla. and at such point as he may direct.
(a) The anchorage grounds. The area (7) Vessels carrying explosives shall
to the eastward of a line bearing 12 (N. be at all times in charge of a com-
12 E.) through a point X, which is 112 petent person, and must display by day
nautical miles due east of the intersec- a red flag, of not less than 16 square
tion of the Miami Beach shore line feet, at the masthead, or not less than
with the north jetty; to the northward 10 feet above the upper deck if the ves-
of a line bearing 102 (S. 78 E.) and sel has no mast; at night a red light
intersecting the 12 line at a point A, shall be displayed in the positions spec-
one-half nautical mile north of the said ified for the red flag.
point X; and to the southward of a line (8) Nothing in this paragraph shall be
bearing 102 (S. 78 E.) and intersecting construed as relieving the owner or
490
person in charge of any vessel from the (3) No more than 300,000 pounds net of
penalties of the law for obstructing high explosives or equivalent may be
navigation, or for obstructing or inter- handled in the area at any one time.
fering with range lights, or for not (4) The regulations in this section
complying with the navigation laws in shall be enforced by the Commander,
regard to lights, fog signals, or other U.S. Naval Base, Key West, Fla., and
aids to navigation, or for otherwise any other agencies he may designate.
violating law.
(9) All vessels desiring to use the An- 110.190 Tortugas Harbor, in vicinity
chorage must notify the Coast Guard of Garden Key, Dry Tortugas, Fla.
Captain of the Port, via the Biscayne (a) The anchorage grounds. All of Bird
Bay Pilots on VHF-FM Channel 12 or Key Harbor, southwest of Garden Key,
16. bounded by the surrounding reefs and
(10) All vessels anchored within the shoals and, on the northeast, by a line
anchorage area shall maintain a 24- extending from Fort Jefferson West
hour bridge watch by an English speak- Channel Daybeacon 2 to Fort Jefferson
ing licensed or credentialed deck offi-
West Channel Daybeacon 4, thence to
cer monitoring VHF-FM Channel 16.
Fort Jefferson West Channel
This individual shall perform frequent
Daybeacon 6, and thence to Fort Jeffer-
checks of the vessels position to en-
son West Channel Daybeacon 8.
sure the vessel is not dragging anchor.
(b) The regulations. Except in cases of
(11) Vessels experiencing casualties
such as a main propulsion, main steer- emergency involving danger to life or
ing or anchoring equipment malfunc- property, no vessel engaged in commer-
tion or which are planning to perform cial fishing or shrimping shall anchor
main propulsion engine repairs or in any of the channels harbors, or la-
maintenance, shall immediately notify goons in the vicinity of Garden Keys,
the Coast Guard Captain of the Port Bush Key, or the surrounding shoals,
via the Coast Guard Sector Miami on outside of Bird Key Harbor.
VHF-FM Channel 16.
110.193 Tampa Bay, Fla.
(12) The Coast Guard Captain of the
Port may close the anchorage area and (a) The anchorage grounds(1) Explo-
direct vessels to depart the anchorage sives anchorage east of Mullet Key. A
during periods of adverse weather or at rectangular area in Tampa Bay, ap-
other times as deemed necessary in the proximately 4,459 yards long and 1,419
interest of port safety. yards wide, beginning at latitude
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as 273830, longitude 823909, and extend-
amended by CGD0799002, 64 FR 22554, Apr. ing northeasterly to latitude 273948,
27, 1999; USCG200625556, 72 FR 36328, July 2, longitude 823715; thence southeast-
2007; USCG200624371, 74 FR 11212, Mar. 16, erly to latitude 273917, longitude
2009] 823646; thence southwesterly to lati-
tude 273752, longitude 823838; thence
110.189a Key West Harbor, Key West,
Fla., naval explosives anchorage northwesterly to the point of begin-
area. ning.
(2) Temporary explosives anchorage
(a) The anchorage ground. A circular
south of Interbay Peninsula. Beginning
area with its center at latitude
at a point bearing 107, 1,750 yards from
243050.6, longitude 815031.6 with a
Cut F Range Front Light; thence to
radius of 300 yards, for use for ammuni-
tion exceeding the prescribed limits for a point bearing 125, 2,050 yards, from
pier-side handling. Cut F Range Front Light; thence to
(b) The regulations. (1) When occupied a point bearing 180, 1,725 yards, from
by a vessel handling explosives, no Cut F Range Front Light; thence to
other vessel may enter the area unless a point bearing 222, 2,180 yards, from
authorized by the enforcing agency. Cut F Range Front Light; thence to
(2) Only one vessel handling explo- a point bearing 251, 1,540 yards, from
sives may anchor in the area at one Cut F Range Front Light; and
time. thence to the point of beginning.
491
110.193a 33 CFR Ch. I (7112 Edition)
(3) Temporary explosives anchorage off (2) Explosives Anchorage Area 2. A cir-
Port Tampa. A circular area with a ra- cular area with a 500-yard radius
dius of 200 yards with the point at lati- around a center point located at lati-
tude 275022, longitude 823415. tude 294730; longitude 852130, 3,100
(4) Quarantine Anchorage. Southeast yards southeast of FW South Channel
of the temporary explosive anchorage, Light and 5,250 yards south of FW
beginning at a point bearing 97 true, North Channel Light, in St. Joseph
4,370 yards, from Cut F Range Front Bay, Port St. Joe, Florida.
Light; thence to a point bearing 11330, (b) The regulations. (1) The explosives
5,370 yards, from Cut F Range Front anchorage areas shall be used as tem-
Light; thence to a point bearing 16130, porary anchorage for vessels engaged
3,770 yards, from Cut F Range Front in loading and unloading explosives at
Light; thence to a point bearing 16330, the port of Port St. Joe, Florida, when
2,070 yards, from Cut F Range Front the duration of the anchorage period is
Light; thence to the point of beginning. less than 96 hours.
(5) Barge Fleeting Area, Hillsborough (2) No vessel shall occupy this an-
Bay. Located 400 feet west of Cut D chorage without obtaining a permit
Channel at a point beginning at lati- from the Captain of the Port.
tude 275434, longitude 822635; thence 110.194 Mobile Bay, Ala., at entrance.
northerly 1,000 feet to latitude 275443,
longitude 822640; thence westerly 500 (a) The anchorage grounds. The waters
feet to latitude 275441, longitude within a radius of 750 yards from a
822645; thence southerly 1,000 feet to point located 1,000 yards true north
latitude 275432, longitude 822640; from Fort Morgan Light.
thence easterly 500 feet to the point of (b) The regulations. (1) This anchorage
beginning. shall be used by vessels loading or dis-
charging high explosives. It shall also
NOTE: This area is reserved for transient be used by vessels carrying dangerous
barges only. Barges shall not occupy this an- or inflammable cargoes requiring an
chorage for a period longer than 96 hours un- anchorage. It may be used for a general
less permission is obtained from the Captain
anchorage when not required for ves-
of the Port for this purpose.
sels carrying explosives or dangerous
(b) The regulations. (1) The explosives or inflammable cargoes.
anchorage east of Mullet Key shall be (2) No vessel shall occupy this an-
used by vessels awaiting loading or un- chorage without obtaining a permit
loading at Port Tampa that have explo- from the Captain of the Port.
sives actually on board and where the
duration of anchorage will exceed 72 110.194a Mobile Bay, Ala., and Mis-
sissippi Sound, Miss.
hours.
(2) The temporary explosives anchor- (a) The anchorage grounds. (1) The wa-
ages south of Interbay Peninsula and ters of lower Mobile Bay, near Cedar
off Port Tampa shall be used for vessels Point, within an area bounded on the
engaged in loading explosives when the north by latitude 302100, on the east
duration of the anchorage is less than by longitude 880500, on the south by
72 hours. latitude 302000, and on the west by
longitude 880600.
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as (2) The waters of Mississippi Sound,
amended by CGFR 6962, 34 FR 11582, July 15, south of Biloxi, within an area bounded
1969; 34 FR 12255, July 15, 1969] on the north by latitude 302000, on
the east by longitude 885400, on the
110.193a St. Joseph Bay, Fla.
south by latitude 301900, and on the
(a) The anchorage grounds(1) Explo- west by longitude 885500.
sives Anchorage Area 1. A rectangular (b) The regulations. (1) The anchor-
area 3,000 yards long by 700 yards wide ages are exclusively for the use of un-
beginning at a point 1,350 yards west of manned barges, canal boats, scows, and
U.S. Highway 98 Bridge over Gulf Coun- other nondescript vessels. Such craft
ty Canal. The area is parallel to and 450 shall be so anchored that they will not
yards northeast of the north entrance at any time extend outside the limits
channel to Port St. Joe, Florida. of the anchorages.
492
(2) In emergencies or whenever mari- with the west limit 1,200 feet from the
time or commercial interests of the ALWP of the right descending bank.
United States so require, the Captain CAUTION: A pipeline crossing exists at mile
of the Port is authorized to shift the 9.8 AHOP. Mariners are urged to use caution
position of any craft in the anchorages. between mile 9.6 AHOP and mile 10.0 AHOP.
(3) Whenever in the opinion of the
Captain of the Port, such action may (3) Upper Venice Anchorage. An area
be necessary, any or all craft in these 1.2 miles in length along the left de-
anchorages may be required to be scending bank of the river from mile
moored with two or more anchors. 10.0 to mile 11.2 above Head of Passes
(4) No vessel shall be navigated with- with the west limit 1,200 feet from the
in the anchorages at a speed exceeding ALWP of the right descending bank.
six knots. (4) Boothville Anchorage. An area 5.5
miles in length along the right de-
110.194b Mississippi Sound and Gulf scending bank of the river extending
of Mexico, near Petit Bois Island, from mile 13.0 to mile 18.5 above Head
Miss. of Passes. The width of the anchorage
(a) The anchorage grounds(1) Explo- is 750 feet. The inner boundary of the
sives Anchorage Area No. 1. A circular anchorage is a line parallel to the near-
area with a one-half mile radius with est bank 250 feet from the waters edge
its center located at latitude 301409, into the river as measured from the
longitude 882913, in the waters of Low Water Reference Plane (LWRP).
Mississippi Sound north of the west The outer boundary of the anchorage is
end of Petit Bois Island. a line parallel to the nearest bank 1,000
(2) Explosives Anchorage Area No. 2. A feet from the waters edge into the
circular area with a three-fourths mile river as measured from the LWRP.
radius with its center located at lati- (5) Ostrica Anchorage. An area 1.4
tude 301112, longitude 883007, in the miles in length along the right de-
waters of Gulf of Mexico south of the scending bank of the river extending
west end of Petit Bois Island. from mile 23.0 to mile 24.4 above Head
(b) The regulations. (1) The areas shall of Passes. The width of the anchorage
be used as temporary anchorages for is 800 feet.
vessels engaged in loading and unload- (6) Port Sulphur Anchorage. An area
ing explosives at the Port of 2.2 miles in length along the left de-
Pascagoula, Miss. scending bank of the river, 800 feet
(2) No vessel shall occupy the areas wide, extending from mile 37.5 to mile
without obtaining a permit from the 39.7 above Head of Passes.
Captain of the Port. (7) Magnolia Anchorage. An area 2.1
miles in length along the right de-
110.195 Mississippi River below scending bank of the river extending
Baton Rouge, LA, including South from mile 45.5 to mile 47.6 above Head
and Southwest Passes. of Passes. The width of the anchorage
(a) The Anchorage Grounds. Unless is 700 feet. The inner boundary of the
otherwise specified, all anchorage anchorage is a line parallel to the near-
widths are measured from the average est bank 400 feet from the waters edge
low water plane (ALWP). into the river as measured from the
(1) Pilottown Anchorage. An area 5.2 LWRP. The outer boundary of the an-
miles in length along the right de- chorage is a line parallel to the nearest
scending bank of the river from mile bank 1,100 feet from the waters edge
1.5 to mile 6.7 above Head of Passes, ex- into the river as measured from the
tending in width to 1600 feet from the LWRP.
left descending bank of the river. (8) Point Celeste Anchorage. An area
2.2 miles in length along the right de-
CAUTION: A wreck is located within the scending bank of the river extending
boundaries of this anchorage. Mariners are from mile 49.8 to mile 52.0 above Head
urged to use caution in this anchorage.
of Passes. The width of the anchorage
(2) Lower Venice Anchorage. An area is 400 feet. The inner boundary of the
1.6 miles in length along the left de- anchorage is a line parallel to the near-
scending bank of the river from mile est bank 400 feet from the waters edge
8.0 to mile 9.6 above Head of Passes into the river as measured from the
493
110.195 33 CFR Ch. I (7112 Edition)
LWRP. The outer boundary of the an- anchorage is a line parallel to the near-
chorage is a line parallel to the nearest est bank 425 feet from the waters edge
bank 800 feet from the waters edge into the river as measured from the
into the river as measured from the LWRP. The outer boundary of the an-
LWRP. chorage is a line parallel to the nearest
(9) Davant Anchorage. An area 1.1 bank 1,000 feet from the waters edge
miles in length along the left descend- into the river as measured from the
ing bank of the river extending from LWRP.
mile 52.8 to mile 53.9 above Head of (14) Lower 12 Mile Point Anchorage. An
Passes. The width of the anchorage is area 2.2 miles in length along the right
800 feet. descending bank of the river extending
(10) Alliance Anchorage. An area 2.0 from mile 78.6 to mile 80.8 above Head
miles in length along the right de- of Passes. The width of the anchorage
scending bank of the river extending is 500 feet. The inner boundary of the
from mile 63.8 to mile 65.8 above Head anchorage is a line parallel to the near-
of Passes. The width of the anchorage est bank 300 feet from the waters edge
is 400 feet. The inner boundary of the into the river as measured from the
anchorage is a line parallel to the near- LWRP. The outer boundary of the an-
est bank 400 feet from the waters edge chorage is a line parallel to the nearest
into the river as measured from the bank 800 feet from the waters edge
LWRP. The outer boundary of the an- into the river as measured from the
chorage is a line parallel to the nearest LWRP.
bank 800 feet from the waters edge (15) Lower 9 Mile Point Anchorage. An
into the river as measured from the area 2.3 miles in length along the right
LWRP. descending bank of the river extending
(11) Wills Point Anchorage. An area 1.1 from mile 82.7 to mile 85.0 above Head
miles in length along the left descend- of Passes. The width of the anchorage
ing bank of the river extending from is 500 feet. The inner boundary of the
mile 66.5 to mile 67.6 above Head of anchorage is a line parallel to the near-
Passes. The width of the anchorage is est bank 300 feet from the waters edge
600 feet. The inner boundary of the an- into the river as measured from the
chorage is a line parallel to the nearest LWRP. The outer boundary of the an-
bank 200 feet from the waters edge chorage is a line parallel to the nearest
into the river as measured from the bank 800 feet from the waters edge
LWRP. The outer boundary of the an- into the river as measured from the
chorage is a line parallel to the nearest LWRP.
bank 800 feet from the waters edge
into the river as measured from the Caution: A wreck is located within the bound-
aries of this anchorage. Mariners are urged to
LWRP. use caution in this anchorage.
(12) Cedar Grove Anchorage. An area
1.2 miles in length along the right de- (16) New Orleans Emergency Anchor-
scending bank of the river extending age. An area 0.5 miles in length along
from mile 69.9 to mile 71.1 above Head the right descending bank of the river
of Passes. The width of the anchorage extending from mile 89.6 to mile 90.1
is 500 feet. The inner boundary of the above Head of Passes. The width of the
anchorage is a line parallel to the near- anchorage is 550 feet. The inner bound-
est bank 200 feet from the waters edge ary of the anchorage is a line parallel
into the river as measured from the to the nearest bank 250 feet from the
LWRP. The outer boundary of the an- waters edge into the river as measured
chorage is a line parallel to the nearest from the LWRP. The outer boundary of
bank 700 feet from the waters edge the anchorage is a line parallel to the
into the river as measured from the nearest bank 800 feet from the waters
LWRP. edge into the river as measured from
(13) Belle Chasse Anchorage. An area the LWRP.
2.1 miles in length along the right de- NOTE: No vessel shall occupy this anchor-
scending bank of the river extending age unless expressly authorized by the Cap-
from mile 73.1 to mile 75.2 above Head tain of the Port. No vessel may anchor in
of Passes. The width of the anchorage this anchorage exceeding 24 hours without
is 575 feet. The inner boundary of the the authorization of the Captain of the Port.
494
(17) New Orleans General Anchorage. a line parallel to the nearest bank 300
An area 0.8 miles in length along the feet from the waters edge into the
right descending bank of the river ex- river as measured from the LWRP. The
tending from mile 90.1 to mile 90.9 outer boundary of the anchorage is a
above Head of Passes. The width of the line parallel to the nearest bank 700
anchorage is 550 feet. The inner bound- feet from the waters edge into the
ary of the anchorage is a line parallel river as measured from the LWRP.
to the nearest bank 250 feet from the
waters edge into the river as measured Caution: A wreck is located at mile 115.4 left
descending bank above Head of Passes marked
from the LWRP. The outer boundary of
by Mississippi River Wreck Lighted Buoy WR4.
the anchorage is a line parallel to the Mariners are urged to use caution when anchor-
nearest bank 800 feet from the waters ing in the lower end of this anchorage.
edge into the river as measured from
the LWRP. (22) Bonnet Carre Anchorage. An area
(18) Quarantine Anchorage. An area 0.7 1.5 miles in length along the left de-
miles in length along the right descending bank of the river extending
scending bank of the river extending from mile 127.3 to mile 128.8 above Head
from mile 90.9 to mile 91.6 above Head of Passes. This area is located adjacent
of Passes. The width of the anchorage to the river end of the Bonnet Carre
is 800 feet. Spillway. The width of the anchorage
Caution: A wreck is located within the bound- is 600 feet.
aries of this anchorage. Mariners are urged to NOTE: When the Bonnet Carre Spillway is
use caution in this anchorage. open, no vessel may be anchored in the Bon-
NOTE: Vessels carrying cargos of particular net Carre Anchorage.
hazard as defined in 33 CFR 126.10 or cargos
of petroleum products in bulk may not be (23) La Place Anchorage. An area 0.7
anchored in the New Orleans General An- miles in length along the left descend-
chorage or the Quarantine Anchorage with- ing bank of the river extending from
out permission from the Captain of the Port. mile 134.7 to mile 135.4 above Head of
Except when required by the United States Passes. The width of the anchorage is
Public Health Service for quarantine inspection, 600 feet.
the Quarantine Anchorage may be used as a (24) Reserve Anchorage. An area 0.5
general anchorage. miles in length along the right de-
(19) Lower Kenner Bend Anchorage. An scending bank of the river extending
area 1.0 miles in length along the right from mile 137.0 to mile 137.5 above Head
descending bank of the river extending of Passes. The width of the anchorage
from mile 113.3 to mile 114.3 above Head is 500 feet. The inner boundary of the
of Passes. The width of the anchorage anchorage is a line parallel to the near-
is 350 feet. The inner boundary of the est bank 300 feet from the waters edge
anchorage is a line parallel to the near- into the river as measured from the
est bank 350 feet from the waters edge LWRP. The outer boundary of the an-
into the river as measured from the chorage is a line parallel to the nearest
LWRP. The outer boundary of the an- bank 800 feet from the waters edge
chorage is a line parallel to the nearest into the river as measured from the
bank 700 feet from the waters edge LWRP.
into the river as measured from the (25) Lower Grandview Reach Anchor-
LWRP. age. An area 0.3 miles in length along
(20) Kenner Bend Anchorage. An area the left descending bank of the river
0.9 miles in length along the right de- extending from mile 146.4 to mile 146.7
scending bank of the river extending above Head of Passes. The width of the
from mile 114.7 to mile 115.6 above Head anchorage is 500 feet. The inner bound-
of Passes. The width of the anchorage ary of the anchorage is a line parallel
is 700 feet. to the nearest bank 200 feet from the
(21) Ama Anchorage. An area 1.8 miles waters edge into the river as measured
in length along the left descending from the LWRP. The outer boundary of
bank of the river extending from mile the anchorage is a line parallel to the
115.5 to mile 117.3 above Head of Passes. nearest bank 700 feet from the waters
The width of the anchorage is 400 feet. edge into the river as measured for the
The inner boundary of the anchorage is LWRP.
495
110.195 33 CFR Ch. I (7112 Edition)
(26) Middle Grandview Reach Anchor- 1,400 feet wide, extending from mile
age. An area 0.4 miles in length along 225.8 to mile 227.3 above Head of Passes.
the left descending bank of the river
Caution: Two wrecks are located within the
extending from mile 146.8 to mile 147.2 boundaries of this anchorage. Mariners are
above Head of Passes. The width of the urged to use caution in this anchorage.
anchorage is 500 feet. The inner bound-
ary of the anchorage is a line parallel (31) Lower Baton Rouge Anchorage. An
to the nearest bank 200 feet from the area 0.5 miles in length near mid-chan-
waters edge into the river as measured nel between mile 228.5 and mile 229.0
from the LWRP. The outer boundary of above Head of Passes with the west
the anchorage is a line parallel to the limit 1,100 feet off the right descending
nearest bank 700 feet from the waters bank and having the width of 700 feet
edge into the river as measured from at both the upper and lower limits.
the LWRP. (32) Middle Baton Rouge Anchorage.
(27) Upper Grandview Reach Anchor- An area 0.2 miles in length near mid-
age. An area 1.3 miles in length along channel between mile 229.6 and mile
the left descending bank of the river 229.8 above Head of Passes with the
extending from mile 147.5 to mile 148.8 west limit 1,100 feet off the right de-
above Head of Passes. The width of the scending bank and having a width of
anchorage is 500 feet. The inner bound- 700 feet at both the upper and lower
ary of the anchorage is a line parallel limits.
to the nearest bank 200 feet from the (33) Upper Baton Rouge Anchorage. An
waters edge into the river as measured area 0.4 miles in length near mid-chan-
from the LWRP. The outer boundary of nel between mile 230.6 and mile 231.0
the anchorage is a line parallel to the above Head of Passes with the west
nearest bank 700 feet from the waters limit 1,100 feet off the right descending
edge into the river as measured from bank and having a width of 1,075 feet at
the LWRP. the upper limit and 1,200 feet at the
(28) Sunshine Anchorage. An area 2.0 lower limit.
miles in length along the left descend- (b) Temporary Anchorages. (1) Tem-
ing bank of the river extending from porary anchorages are non-permanent
mile 165.0 to mile 167.0 above Head of anchorages established by the Com-
Passes. The width of the anchorage is mander, Eighth Coast Guard District
450 feet. The inner boundary of the an- to provide additional anchorage space.
chorage is a line parallel to the nearest Establishment of temporary anchor-
bank 350 feet from the waters edge ages is based on recommendations by
into the river as measured from the the Captain of the Port.
LWRP. The outer boundary of the an- (2) Each vessel using temporary an-
chorage is a line parallel to the nearest chorages shall anchor as prescribed by
bank 800 feet from the waters edge the Captain of the Port.
into the river as measured from the (3) Establishment of each temporary
LWRP. anchorage and any requirement for the
(29) White Castle Anchorage. An area temporary anchorage will be published
0.7 miles in length along the right de- in the Local Notice of Mariners.
scending bank of the river extending (4) Each person who has notice of any
from mile 190.4 to mile 191.1 above Head requirement prescribed for a tem-
of Passes. The width of the anchorage porary anchorage shall comply with
is 300 feet. The inner boundary of the that requirement.
anchorage is a line parallel to the near- (c) The Regulations. (1) Anchoring in
est bank 400 feet from the waters edge the Mississippi River below Baton
into the river as measured from the Rouge, LA., including South and
LWRP. The outer boundary of the an- Southwest Passes is prohibited outside
chorage is a line parallel to the nearest of established anchorages except in
bank 700 feet from the waters edge cases of emergency. In an emergency, if
into the river as measured from the it becomes necessary to anchor a vessel
LWRP. outside an established anchorage, the
(30) Baton Rouge General Anchorage. vessel shall be anchored so that it does
An area 1.5 miles in length along the not interfere with or endanger any fa-
right descending bank of the river, cility or other vessel. The master or
496
person in charge of the vessel shall no- must keep the ships hold cargo gear in
tify the Captain of the Port of the loca- the down and hawsed position, as
tion of the emergency anchoring by the rigged for sea transits. Deck-mounted
most expeditious means and shall move cranes, deck booms and stiff legs may
the vessel as soon as the emergency is be used to take on ships stores and
over. spare parts and may be used to move
(2) In an emergency, if it becomes manifold hoses.
necessary to anchor a vessel in South (8) Nothing in this section relieves
Pass or Southwest Pass, the vessel the owner or person in charge of any
shall be positioned as close to the left vessel from the penalties for obstruct-
descending bank as possible. ing or interfering with navigational
(3) No vessel may be anchored unless aids or for failing to comply with the
it maintains a bridge watch, guards navigation laws for lights, day shapes,
and answers Channel 16 FM (or the ap- or fog signals and any other applicable
propriate VTS New Orleans sector fre- laws and regulations.
quency), maintains an accurate posi-
tion plot and can take appropriate ac- [CGD 77028, 46 FR 49850, Oct. 8, 1981]
tion to ensure the safety of the vessel, EDITORIAL NOTE: For FEDERAL REGISTER ci-
structure, and other vessels. tations affecting 110.195, see the List of CFR
(4) When anchoring individually, or Sections Affected, which appears in the
in fleets, vessels shall be anchored with Finding Aids section of the printed volume
sufficient anchors, or secured with suf- and at www.fdsys.gov.
ficient lines, to ensure their remaining
in place and withstanding the actions 110.196 Sabine Pass Channel, Sabine
of winds, currents and the suction of Pass, Tex.
passing vessels. (a) The anchorage area. The water
(5) No vessel may be anchored over bounded by a line connecting the fol-
revetted banks of the river or within lowing coordinates:
any cable or pipeline area. The loca-
tions of revetted areas and cable and Latitude Longitude
pipeline areas may be obtained from 294414 N 935224 W
the District Engineer, Corps of Engi- 294418 N 935206 W
neers, New Orleans, LA. 294353 N 935147 W
(6) The intention to transfer any 294332 N 935152 W
cargo while in an anchorage shall be
reported to the Captain of the Port,
giving particulars as to name of ships (b) The regulations. (1) The anchorage
involved, quantity and type of cargo, area is for the temporary use of vessels
and expected duration of the operation. of all types, but especially for naval
The Captain of the Port shall be noti- and merchant vessels awaiting weather
fied upon completion of operations. and tidal conditions favorable to the
Cargo transfer operations are not per- resumption of their voyages.
mitted in the New Orleans General or (2) Except when stress of weather or
Quarantine Anchorages. Bunkering and adverse tides or currents make sailing
similar operations related to ships impractical or hazardous, vessels shall
stores are exempt from reporting re- not anchor in the anchorage area for
quirements. periods exceeding 48 hours unless ex-
pressly authorized by the Captain of
NOTE: Activities conducted within a des- the Port to anchor for longer periods.
ignated anchorage (e.g. cargo transfer, tank
cleaning, stack blowing, etc.) may be re- (3) Vessels shall not anchor so as to
stricted by other Federal, State or local reg- obstruct the passage of other vessels
ulations. Owners, or persons in charge of any proceeding to or from available anchor-
vessel should consider all safety and/or envi- age spaces.
ronmental regulations prior to engaging in (4) Anchors shall not be placed
any activity within designated anchorages. channelward from the anchorage area,
(7) Vessels anchored in the Lower and no portion of the hull or rigging of
Kenner Bend Anchorage are prohibited any anchored vessel shall extend
from using or exercising the ships hold channelward from the limits of the an-
cargo cranes. Vessels in this anchorage chorage area.
497
110.197 33 CFR Ch. I (7112 Edition)
(5) Vessels using spuds for anchors ardous, vessels shall not anchor in an-
shall anchor as close to shore as prac- chorage areas (A) or (C) for more than
ticable having due regard for the provi- 48 hours unless expressly authorized by
sions in paragraph (b)(3) of this section. the Captain of the Port Houston-Gal-
(6) Fixed moorings, piles or stakes, veston. Permission to anchor for longer
and floats or buoys for marking an- periods may be obtained through Coast
chorages or moorings in place are pro- Guard Vessel Traffic Service Houston/
hibited. Galveston on VHF-FM channels 12
(7) Whenever the maritime or com- (156.60 MHz) or 13 (156.65 MHz).
mercial interests of the United States (3) No vessel with a draft of less than
so require, the Captain of the Port is 22 feet may occupy anchorage (A) with-
hereby empowered to shift the position out prior approval of the Captain of the
of any vessel anchored or moored with- Port.
in or outside of the anchorage area in- (4) No vessel with a draft of less than
cluding any vessel which is moored or 16 feet may anchor in anchorage (C)
anchored so as to obstruct navigation without prior approval of the Captain
or interfere with range lights.
of the Port Houston-Galveston.
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as (5) Vessels shall not anchor so as to
amended by CGD080626, 72 FR 464, Jan. 5, obstruct the passage of other vessels
2007] proceeding to or from other anchorage
110.197 Galveston Harbor, Bolivar spaces.
Roads Channel, Texas. (6) Anchors shall not be placed in the
channel and no portion of the hull or
(a)(1) Anchorage area (A). The water
rigging of any anchored vessel shall ex-
bounded by a line connecting the fol-
tend outside the limits of the anchor-
lowing points:
age area.
292048.5 N 944254.0 W
292043.0 N 944446.5 W
(7) Vessels using spuds for anchors
292115.0 N 944427.0 W shall anchor as close to shore as prac-
292105.0 N 944252.0 W ticable, having due regard for the pro-
visions in paragraph (b)(5) of this sec-
and thence to the point of beginning.
tion.
(2) Anchorage area (B). The water (8) Fixed moorings, piles or stakes,
bounded by a line connecting the fol- and floats or buoys for marking an-
lowing points: chorages or moorings in place, are pro-
292043.0 N 944446.5 W hibited.
292037.0 N 944608.0 W (9) Whenever the maritime or com-
292114.0 N 944550.0 W
mercial interests of the United States
292115.0 N 944427.0 W
so require, the Captain of the Port, or
and thence to the point of beginning. his authorized representative, may di-
(3) Anchorage area (C). The water rect the movement of any vessel an-
bounded by a line connecting the fol- chored or moored within the anchorage
lowing points: areas.
Latitude Longitude [CCGD88521, 55 FR 11369, Mar. 28, 1990, as
amended by CGD0802018, 68 FR 25497, May
292039.0 N ........................ 944607.5 W. 13, 2003]
292106.1 N ........................ 944700.2 W.
292124.0 N ........................ 944634.0 W.
292114.5 N ........................ 944549.0 W.
110.205 Chicago Harbor, Ill.
(a) The anchorage grounds(1) An-
and thence to the point of beginning. chorage A, exterior breakwater. South-
(b) The regulations. (1) The anchorage west of a line parallel with and 150 feet
area is for the temporary use of vessels southwestward of the exterior break-
of all types, but especially for vessels water; west of a line parallel with and
awaiting weather and other conditions 150 feet west of the south extension of
favorable to the resumption of their the exterior breakwater; northeast of a
voyages. line parallel with and 1,500 feet south-
(2) Except when stress of weather westward of the exterior breakwater;
makes sailing impractical or haz- and east of a line parallel with the
498
south extension of the exterior break- (b) The rules and regulations. (1) Ex-
water and 500 feet eastward of the east cept in cases of emergency, no vessel
face of the filtration plant. may be anchored in Chicago Harbor
(2) Anchorage B, south arm. West of a outside of the anchorage grounds in
line parallel with and 150 feet west of paragraph (a) of this section or the spe-
the south arm of the exterior break- cial anchorage areas prescribed in
water; north of a line perpendicular to 110.83.
the south arm at its south end; east of (2) Anchors must not be placed out-
a line parallel with the south arm, side the anchorage areas, nor shall any
about 2,200 feet therefrom and on line vessel be so anchored that any portion
with the east face of the Municipal of the hull or rigging shall at any time
Pier; and south of a line perpendicular extend outside the boundaries of the
to the south arm 700 feet from its north anchorage area.
end. (3) Any vessel anchoring under cir-
(3) Anchorage C, shore arm. South of a cumstances of great emergency outside
line parallel with and 150 feet south- of the anchorage areas must be placed
ward of the shore arm of the exterior near the edge of the channel and in
breakwater; west of a line parallel with such position as not to interfere with
the south extension of the exterior the free navigation of the channel nor
breakwater, 100 feet westward of the obstruct the approach to any pier nor
east end of the shore arm; northwest of impede the movement of any boat, and
a line perpendicular to the Lake Shore shall move away immediately after the
Drive revetment and 300 feet northwest emergency ceases, or upon notification
of the northwest corner of the filtra- by the Captain of the Port.
tion plant; and east of a line parallel (4) The maneuvering of a vessel by
with and 600 feet lakeward of the Lake means of a dragged anchor, except
Shore Drive revetment. within an established anchorage
(4) Anchorage D, Chicago Harbor Lock ground or in stress of weather or to
South. Beginning at a point 35.5 feet avoid collision, is prohibited. Unneces-
South (16 feet South of the South face sary maneuvering in any of the anchor-
of the Southeast guidewall) and 28.0 age grounds is prohibited.
feet West of the SE Guide Wall Light; (5) The directions of the Captain of
thence Westerly and parallel to the the Port assigning vessels to parts of
guidewall 800 feet to a point that is 16 the anchorage grounds suitable to their
feet South of the South face of the draft, requiring vessels to anchor bow
Southeast guidewall; thence Southerly and stern, requiring shifting the an-
80 feet to a point that is 96 feet South chorage of any vessel within any an-
of the South face of the Southeast chorage ground for the common con-
guidewall; thence Easterly 800 feet to a venience, or for otherwise enforcing
point that is 96 feet South of the south this section, shall be promptly exe-
face of the southeast guidewall; thence cuted by owners, masters, and persons
Northerly 80 feet to the point of begin- in charge of vessels.
ning. (6) Nothing in this section shall be
(5) Anchorage E, Chicago Harbor Lock construed as relieving the owner or
North. Beginning at a point 156.75 feet person in charge of any vessel from the
North (16 feet North of the North face penalties of the law for obstructing
of the Northeast guidewall) and 590 feet navigation or for obstructing or inter-
West of the SE Guidewall Light; thence fering with range lights, or for not
Westerly and parallel to the guidewall complying with the navigation laws in
600 feet to a point that is 16 feet North regard to lights, fog signals, or for oth-
of the North face of the Northeast erwise violating law.
guidewall; thence Northerly 80 Feet to (7) No vessel may use anchorages A,
a point that is 96 feet North of the B, D, and E except commercial vessels
North face of the Northeast guidewall; operated for profit. No person may
thence Easterly 600 feet to a point that place floats or buoys for making moor-
is North of the North face of the North- ings or anchors in place in anchorages
east guidewall; thence Southerly 80 A and B. No person may place fixed
feet to the point of beginning. moorings piles or stakes in anchorages
499
110.206 33 CFR Ch. I (7112 Edition)
A and B. (Mooring facilities are avail- hours without permission of the Cap-
able adjacent to the lakeside tain of the Port of Detroit.
guidewalls of the Chicago Harbor Lock
[CGD09 8505, 51 FR 21357, June 12, 1986, as
in anchorages D and E.) All vessels
using anchorages D and E shall moor June 30, 1998]
against pile clusters adjacent to the re-
spective anchorage. 110.207 Cleveland Harbor, Ohio.
Any time barges are moored in an-
chorage D or E, a manned towing ves- (a) The anchorage grounds(1) West
sel shall be present in one of these an- anchorage. The northwesterly portion
chorages. Exceptions to this surveil- of the West Basin between the north-
lance requirement are allowable for pe- west limits of the West Basin and a
riods not to exceed one hour. line parallel to and 1,050 feet distant
(8) No commercial vessels operated from the West Breakwater; and from
for profit that measure 50 gross tons or the southwest limits of the West Basin
more may anchor in anchorage C. Tem- to a line perpendicular to the West
porary floats or buoys for marking Breakwater, 2,050 feet southwesterly
moorings or anchors in place may be along the West Breakwater from Cleve-
used in anchorage C. No person may land West Breakwater Light.
place a fixed mooring pile or stake in (2) East anchorage. The southeasterly
anchorage C. portion of the East Basin between the
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as mainland and a line parallel to and
amended by CGFR 7065a, 36 FR 7967, Apr. 28, 1,250 feet distant from the East Break-
1971; CGD98501, 50 FR 29224, July 18, 1985] water; from opposite Cleveland East
Entrance Light to a due north line
110.206 Detroit River, Michigan. passing through the flashing white
(a) The Anchorage grounds. Belle Isle light on the Allied Oil Company dock.
Anchorage. The area is in the Detroit (3) Explosives anchorage. In Lake Erie,
River immediately downstream from northwest of Cleveland Harbor East
Belle Isle on the U.S. side of the Inter- Breakwater, and including a rectan-
national Boundary line within the fol- gular area marked by four white spar
lowing boundaries: beginning at a point buoys at the following true bearings
bearing 250 T, 5400 feet from the James and distances from Cleveland East
Scott Memorial Fountain (422006 N., Pierhead Light: 3830, 2,050 feet; 68,
825957 W.) at the West end of Belle 2,050 feet; 57, 7,050 feet; and 49, 7,050
Isle; then 251 T, 3000 feet; thence 341 T, feet.
800 feet; thence 071 T, 3000 feet; thence (b) The regulations. (1) The west and
161 T, 800 feet to the point of beginning. east anchorages are general anchor-
(b) The regulations. (1) Vessels shall ages.
be anchored so as not to swing into the
(2) Use of the explosives anchorage
channel or across steering courses.
shall be subject to the supervision of
(2) The Belle Isle Anchorage area is
the Captain of the Port.
for the temporary use of vessels of all
types, but especially for naval and mer- 110.208 Buffalo Harbor, N.Y.
chant vessels awaiting berths, weather,
or other conditions favorable to the re- (a) The anchorage grounds(1) Explo-
sumptions of their voyage. sives Anchorage A. Inside the south sec-
(3) No vessel may be anchored unless tion of the main breakwater 700 feet
it maintains a continuous bridge wide starting at a point 500 feet south-
watch, guards and answers channel 16 erly from the south end of the north
FM and channel 12 FM (VTC SARNIA section and extending approximately
sector frequency), maintains an accu- 153 true, 3,000 feet parallel to the line
rate position plot and can take appro- of the south section of the main break-
priate action to ensure the safety of water.
the vessel, structures and other ves-
sels. [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGD 77210, 44 FR 50040, Aug. 27,
(4) Vessels may not anchor in the 1979]
Belle Isle Anchorage for more than 72
500
110.210 San Diego Harbor, CA. (3) Vessels anchoring in San Diego
Harbor shall leave a free passage for
(a) The anchorage grounds. (1) Spe-
other craft and shall not obstruct the
cial anchorage for U.S. Government
approaches to the wharves in the har-
vessels (NAD 83). The waters bounded
bor.
by a line connecting the following
points: [CCGD118506, 51 FR 19753, June 2, 1986, as
324213.2 N 1171411.0 W amended by CGD119008, 56 FR 9852, Mar. 8,
1991]
324112.0 N 1171400.3 W
and thence along the shoreline to the point 110.214 Los Angeles and Long Beach
of beginning. harbors, California.
(2) Special anchorage for U.S. Gov- (a) General Regulations(1) Anchorage
ernment vessels (NAD 83). The waters Assignment. (i) Unless otherwise di-
bounded by a line connecting the fol- rected by the Captain of the Port Los
lowing points: Angeles-Long Beach, the pilot stations
324325.6 N 1171246.1 W for the Port of Long Beach and the
324325.3 N 1171252.0 W Port of Los Angeles will assign the use
324308.2 N 1171258.0 W of commercial anchorages within their
324257.9 N 1171254.0 W jurisdictions (Long Beach and Los An-
geles Harbors respectively). All anchor-
and thence easterly along the northern
ages outside (seaward) of the federal
boundary of the channel to:
breakwater will be assigned by the Los
324305.0 N 1171130.5 W Angeles-Long Beach Vessel Traffic In-
324327.2 N 1171114.0 W
formation Service (VTIS). The master,
and thence along the shoreline of Harbor Is- pilot, or person in charge of a vessel
land to the point of beginning. must notify the appropriate pilot sta-
(3) B Street Merchant Vessel An- tion (for anchorages inside the federal
chorage (NAD 83). The waters bounded breakwater) or the VTIS (for anchor-
by a line connecting the following ages outside the federal breakwater) of
points: their intention to anchor, upon anchor-
ing, and at least fifteen minutes prior
324300.8 N 1171036.3 W
324300.8 N 1171123.0 W
to departing an anchorage. All anchor-
324305.0 N 1171130.5 W age assignments will be made as de-
324327.2 N 1171114.0 W scribed in this part unless modified by
324320.2 N 1171053.0 W the Captain of the Port.
(ii) Radio communications for port
and thence due east to the shoreline, and
entities governing anchorages are as
thence along the shoreline and pier to the
point of beginning. follows: Los Angeles-Long Beach Ves-
sel Traffic Information Service, call
(b) The regulations. (1) The anchor- sign LA-Long Beach Traffic, Channel
ages described in paragraphs (a)(1) and 14 VHF-FM; Los Angeles Port Pilots,
(a)(2) of this section are reserved exclu- Channel 73 VHF-FM; Long Beach Port
sively for the anchorage of vessels of Pilots, Channel 74 VHF-FM.
the United States Government and of (iii) The exact boundary separating
authorized harbor pilot boats. No other the Port of Long Beach from the Port
vessels shall anchor in this area except of Los Angeles is published in local
by special permission obtained in ad- Port Tariffs. For purposes of this rule,
vance from the Commander, Naval Long Beach waters are those east, and
Base, San Diego, CA. The administra- Los Angeles waters are those west, of
tion of these anchorages is exercised by the following locations:
the Commander, Naval Base, San (A) Inner Harbor: The Henry Ford
Diego, CA. (Badger Avenue) Bridge.
(2) The area described in paragraph (B) Middle Harbor: The Pier 400
(a)(3) of this section is reserved for the Transportation Corridor.
use of merchant vessels calling at the (C) Outer Harbor: The western bound-
Port of San Diego while awaiting a ary of Commercial Anchorage B.
berth. The administration of this an- (2) Required approvals, permits and no-
chorage is exercised by the Port Direc- tifications. (i) No vessel may anchor
tor, San Diego Unified Port District. anywhere within Los Angeles or Long
501
110.214 33 CFR Ch. I (7112 Edition)
Beach harbors for more than 10 con- federal breakwater, except for un-
secutive days unless an extended an- manned barges; vessels which have less
chorage permit is obtained from the than 100 gallons of oil or fuel onboard
Captain of the Port. In determining regardless of how the fuel is carried;
whether an extended anchorage permit and other vessels receiving advance ap-
will be granted, consideration will be proval from the Captain of the Port.
given, but not necessarily limited to: (ii) When sustained wind speeds ex-
the current and anticipated demands ceed 40 knots, all anchored commercial
for anchorage space within the harbor, vessels greater than 1600 gross tons
the duration requested, the condition shall ensure their propulsion plant is
of the vessel, and the reason for the replaced in immediate standby and a sec-
quest. ond anchor is made ready to let go.
(ii) No vessel while carrying, loading,
Vessels unable to comply with this re-
or unloading division 1.1 or 1.2 mate-
quirement must immediately notify
rials as defined in 49 CFR 173.50, or Car-
the Captain of the Port. In such case,
goes of Particular Hazard (COPH) as
the Captain of the Port may require
defined in 33 CFR 126.10, or Certain
Dangerous Cargoes (CDC) as defined in the vessel to have one or more tugs
33 CFR 160.203, may anchor without standing by to render immediate as-
first obtaining a permit issued by the sistance.
Captain of the Port. (4) Prohibitions. Within Los Angeles
(iii) Vessels requiring use of an explo- Harbor, Long Beach Harbor, and the
sives anchorage should contact the Los Angeles-Long Beach Precautionary
Captain of the Port at least 24 hours Area, except for emergency reasons, or
prior to the anticipated need for the with the prior approval of the Captain
explosives anchorage to allow for prop- of the Port, vessels are prohibited from
er activation of that anchorage. anchoring outside of designated an-
(iv) Except with the prior approval of chorage areas. In the event a vessel an-
the Captain of the Port, or, in the case chors outside a designated anchorage
of an emergency, with approval of the area for emergency reasons, the mas-
Captain of the Port immediately subse- ter, pilot, or person in charge of the
quent to anchoring, no commercial ves- vessel shall:
sel greater than 1600 gross tons may (i) Position the vessel so as to mini-
anchor in Los Angeles-Long Beach Har- mize the danger to other vessels and fa-
bor unless it maintains the capability cilities;
to get underway within 30 minutes. (ii) Immediately notify the Captain
Any vessel unable to meet this require- of the Port by the most expeditious
ment must immediately notify the means of the vessels location and the
Captain of the Port and make arrange- reason(s) for the emergency anchoring;
ments for an adequate number of tugs and
to respond to the vessel within 30 min-
(iii) Move the vessel as soon as the
utes notice.
emergency condition prompting an-
(v) In anchorages where lightering is
choring outside a designated area
authorized, the Captain of the Port
abates, or as soon as ordered to move
must be notified at least 4 hours in ad-
vance of a vessel conducting lightering by the Captain of the Port, whichever
operations (see 33 CFR 156.118). occurs sooner.
(3) Other General Requirements. (i) (5) Exemption from rules. The Captain
When at anchor, all commercial vessels of the Port may, upon request, or
greater than 1600 gross tons shall, at whenever he/she deems appropriate, au-
all times, have a licensed or thorize a deviation from any rule in
credentialed deck officer on watch and this section.
maintain a continuous radio listening (b) The anchorage grounds. Locations
watch unless subject to one of the ex- of anchorage grounds are as described
emptions in this paragraph. The radio in this section. Specific requirements
watch must be on CH13 VHF-FM when for individual anchorages are con-
anchored inside the federal break- tained in paragraphs (c) and (d) of this
water, and on CH14 VHF-FM or on CH section. All coordinates referenced use
16 VHF-FM when anchored outside the datum: NAD 83.
502
(1) Commercial Anchorage A (Los Ange- (2) Commercial Anchorage B (Long

les Harbor). A circular area with a ra- Beach Harbor). An area enclosed by a
dius of 400 yards (approximately 366 line joining the following coordinates:
meters), centered in position 33-43-
19.2N, 118-14-18.5W.
Latitude Longitude
Beginning point ...................................................................................................... 334437.0 N 118 1300.0 W.

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

Thence west to ...................................................................................................... 334423.5 N 1180932.6 W
Thence north to ..................................................................................................... 334452.8 N 1180933.2 W
Thence southeast to .............................................................................................. 334425.2 N 1180826.2 W
Thence south to the beginning point.
(4) Commercial Anchorage D (Long Beach Harbor). An area enclosed by a line be-
ginning near the east end of the Long Beach Breakwater and joining the fol-
lowing coordinates:
Latitude Longitude

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

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

Thence west to ...................................................................................................... 334305.1 N 1181036.5 W.
Thence south/southeast to .................................................................................... 33 3817.5 N 118 0700.0 W.
Thence north/northeast to ..................................................................................... 33 4023.0 N 118 0603.0 W.
And thence north/northwest to the beginning point.
503
110.214 33 CFR Ch. I (7112 Edition)
(7) Commercial Anchorage G (outside of the Middle Breakwater). The waters south
of the Middle Breakwater bounded by a line connecting the following coordinates:
Latitude Longitude

Thence west to ...................................................................................................... 334305.4 N 1181218.7 W
Thence west/southwest to ..................................................................................... 334225.9 N 1181419.2 W
Thence southeast to .............................................................................................. 334140.3 N 1181305.2 W
Thence east/northeast to ...................................................................................... 334208.8 N 1181136.8 W
And thence north/northeast to the beginning point.
(8) General Anchorage N (Los Angeles Harbor). The waters near Cabrillo Beach
shoreward of a line connecting the following coordinates:
Latitude Longitude
334255.9 N 1181644.4 W
334226.8 N 1181633.9 W
(9) General Anchorage P (Long Beach Harbor). The waters within an area begin-
ning at Alamitos Bay West Jetty Light 1 and connecting the following coordi-
nates:
Latitude Longitude

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

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

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

B .............................................. Long Beach Harbor ................ ......do ..................................... ......Do.
504
TABLE 110.214(C)Continued
Anchorage General location Purpose Specific regulations
C .............................................. ......do ..................................... ......do ..................................... Notes a, g.

D .............................................. ......do ..................................... Commercial & Naval .............. Notes a, b, g.
E .............................................. ......do ..................................... Commercial ............................ Note c.
F .............................................. Outside Breakwater ............... ......do ..................................... Notes c, g.
G .............................................. ......do ..................................... ......do ..................................... Notes c, d.
N .............................................. Los Angeles Harbor ............... Small Craft ............................. Note e.
P .............................................. Long Beach Harbor ................ ......do ..................................... Note f.
Q .............................................. ......do ..................................... ......do ..................................... Notes c, g.
NOTES:
a. Bunkering and lightering are permitted.
b. West of 1180948 W priority for use of the anchorage will be given to commercial vessels over 244 meters (approxi-
mately 800 feet). East of 1180948 W priority for use of the anchorage will be given to Naval and Public vessels, vessels
under Department of Defense charter, and vessels requiring use of the explosives anchorage.
c. Bunkering and lightering are prohibited.
d. This anchorage is within a Regulated Navigation Area and additional requirements apply as set forth in 33 CFR
165.1109(e).
e. This anchorage is controlled by the Los Angeles Port Police. Anchoring, mooring and recreational boating activities con-
forming to applicable City of Los Angeles ordinances and regulations are allowed in this anchorage.
f. This anchorage is controlled by the Long Beach Harbor Master. Anchoring, mooring and recreational boating activities con-
forming to applicable City of Long Beach ordinances and regulations are allowed in this anchorage.
g. When the explosives anchorage is activated portions of this anchorage lie within the explosives anchorage and the require-
ments of paragraph (d) of this section apply.
(d) Explosives Anchorage (Long Beach no other vessel may anchor within the
Harbor). (1) Priority for use of this an- Explosives Anchorage.
chorage shall be given to vessels car-
NOTE: When the explosives anchorage is ac-
rying, loading, or unloading division tivated, portions of Anchorages C, D,
1.1, 1.2, 1.3, or 1.4 (explosive) materials F and Q are encompassed by the explo-
as defined in 49 CFR 173.50, or Cargoes sives anchorage.
of Particular Hazard (COPH) as defined
[CGD1199008, 65 FR 10710, Feb. 29, 2000, as
in 33 CFR 126.10, or Certain Dangerous
amended by CGD1104007, 71 FR 3002, Jan.
Cargoes (CDC) as defined in 33 CFR 19, 2006; CGD1104005, 71 FR 15037, Mar. 27,
160.203. 2006; USCG200624371, 74 FR 11212, Mar. 16,
(2) Vessels requiring the use of this 2009]
anchorage shall notify the Captain of
the Port at least 24 hours in advance of 110.215 Anaheim Bay Harbor, Cali-
their intentions including the esti- fornia; U.S. Naval Weapons Station,
mated times of arrival, departure, net Seal Beach, California; Naval Explo-
explosive weight, and whether the ves- sives Anchorage.
sel will be loading or unloading. Ves- (a) The anchorage ground. The waters
sels may not use this anchorage with- of Anaheim Bay Harbor between the
out first obtaining a permit issued by east side of the Entrance Channel and
the Captain of the Port. the East Jetty, and the west side of the
(3) No vessel containing more than Entrance Channel and the West Jetty
680 metric tons (approximately 749 as outlined in the following two sec-
tons) of net explosive weight (NEW) tions:
may anchor in this anchorage;
(4) Bunkering and lightering oper- (1) East Side:
ations are permitted in the explosives 334403.0 N 1180535.0 W
anchorage, except that vessels engaged 334353.0 N 1180515.0 W
in the loading or unloading of explo- 334349.0 N 1180518.0 W
sives shall not simultaneously conduct 334336.5 N 1180556.0 W
bunkering or lightering operations. 334337.0 N 1180557.0 W
334403.0 N 1180535.0 W
(5) Each anchored vessel loading, un-
loading or laden with explosives, must (2) West Side:
display a red flag of at least 1.2 square
334405.0 N 1180540.0 W
meters (approximately 16 square feet) 334406.0 N 1180556.5 W
in size by day, and at night the flag 334401.0 N 1180601.0 W
must be illuminated by spotlight; 334340.5 N 1180603.0 W
(6) When a vessel displaying the red 334339.5 N 1180602.0 W
flag occupies the explosives anchorage, 334405.0 N 1180540.0 W
505
110.216 33 CFR Ch. I (7112 Edition)
(b) The regulations. (1) This area is re- Datum: NAD 83

served for use of naval vessels carrying (3) Avalon Bay. (i) Anchorage A. The
or transferring ammunition or explo- waters within an area described as fol-
sives under standard military restric- lows: A circle of 1350 feet radius cen-
tions as established by the Safety Man- tered at 332059.0 N, 1181856.2 W.
ual, Armed Service Explosives Board. (ii) Anchorage B. The waters within
(2) No pleasure or commercial craft an area described as follows: A circle of
shall navigate or anchor within this 1350 feet radius centered at 332038.3 N,
area at any time without first obtain- 1181835.8 W.
ing permission from the Commanding (iii) Anchorage C. The waters within
Officer, Naval Weapons Station, Seal an area described as follows: A circle of
Beach, California. This officer will ex- 1350 feet radius centered at 332121.0 N,
tend full cooperation relating to public 1181916.7 W.
use of the area and will fully consider (b) The regulations. (1) The Descanso
every reasonable request for the pas- Bay anchorage is reserved for yachts
sage of small craft in light of require- and other small craft. Floats or buoys
ments for national security and safety for marking anchors or moorings in
of persons and property. place will be allowed in this area.
(3) Nothing in this section shall be Fixed mooring piles or stakes are pro-
construed as relieving the owner or op- hibited.
erator of any vessel from the regula- (2) The Isthmus Cove anchorage shall
tions contained in 204.195 of Title 33, be available for anchorage of all types
covering navigation in Anaheim Bay of craft. Temporary floats or buoys for
Harbor. marking anchors or moorings in place
(4) The regulations in this section will be allowed in this area. Fixed
shall be administered by the Com- mooring piles or stakes are prohibited.
manding Officer U.S. Naval Weapons (3) The non-anchorage area described
Station, Seal Beach, California and by in paragraph (a)(2) of this section shall
such agencies as he may designate, and be used only by commercial vessels.
enforced by the Captain of the Port, Commercial vessels of 15 feet draft or
Los Angeles-Long Beach, California. over may anchor in this area seaward
[CGD118707, 53 FR 878, Jan. 14, 1988] of the Catalina Island Steamship Line
pier during hours between sunrise and
110.216 Pacific Ocean at Santa Cat- sunset. The use of this area for anchor-
alina Island, Calif. age is forbidden to all other craft at all
(a) The anchorage grounds(1) times. Fixed mooring piles or stakes
Descanso Bay. Shoreward of a line con- and floats or buoys for marking an-
necting the promontories known as chors or moorings in place are prohib-
White Rock and Casino Point. ited.
(2) Isthmus Cove. All the waters (4) The instructions of the Captain of
bounded by a line connecting the fol- the Port requiring vessels to anchor
lowing coordinates, beginning at 33 bow and stern, or with two bow an-
2712 N, 1183005 W (the promontory chors, or requiring shifting the anchor-
known as Lion Head); thence southeast age of any vessel within the anchorage
to 332655.5 N, 1182844 W; thence grounds for the common safety or con-
west-southwest to 332650 N, 11829 venience, or for otherwise enforcing
08 W; thence southwest to 332639 N, the regulations in this section, shall be
1182919 W; thence along the shore- promptly complied with by owners,
line returning to the point of origin, masters, and persons in charge of ves-
excluding the following-described non- sels.
anchorage area: an area 300 feet wide (5) Nothing in this section shall be
(170 feet west and 130 feet east of the construed as relieving the owner or
centerline of the Catalina Island person in charge of any vessels or plant
Steamship Line pier), extending 1600 from the penalties of law for obstruct-
feet from the foot of the pier, and an ing navigation or for obstructing or
area 150 feet seaward of the shoreline interfering with range lights, or for not
extending approximately 1500 feet east complying with the navigation laws in
and 1500 feet northwest of the center- regard to lights, fog signals, or for oth-
line of said pier. erwise violating law.
506
(6) The Avalon Bay anchorage is re- (b) The regulations. Except in an
served for large passenger vessels of emergency, no vessel shall anchor in
over 1600 gross tons, unless otherwise these restricted areas without author-
authorized by the Captain of the Port ity of the Commandant, Eleventh
Los Angeles-Long Beach. Naval District. Cargo vessels destined
for San Nicolas Island may anchor in
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
amended by CGD1195001, 60 FR 29759, June the east area for unloading or loading.
6, 1995; GCD1104006, 70 FR 28426, May 18,
2005]
110.222 Pacific Ocean at Santa Bar-
bara Island, Calif.
110.218 Pacific Ocean at San (a) The anchorage grounds. Shoreward
Clemente Island, Calif.; in vicinity of a line beginning at the Santa Bar-
of Wilson Cove. bara Island Light on the northeast end
(a) The anchorage grounds. Shoreward of the island and bearing 23 true a dis-
on a line beginning at a point on the tance of 1.515 nautical miles seaward
beach bearing 153 true, 1,400 yards, from the beach; thence 14030 true, 2.54
from Wilson Cove Light; thence 62 nautical miles; thence 21230 true, 2.30
true, 0.67 nautical mile, thence 332 nautical miles; thence 29630 true, 0.96
true, 1.63 nautical miles; thence 24131 nautical mile; and thence 325 true to
true to the shore line. the beach.
(b) The regulations. (1) This area is re- (b) The regulations. The anchorage
served exclusively for anchorage of shall be available for anchorage of all
United States Government vessels or types of craft. Temporary floats or
vessels temporarily operating under buoys for marking anchors in place
Government direction, and no vessel, will be permitted in this area.
except in an emergency, shall anchor
110.224 San Francisco Bay, San
in the area without first obtaining per- Pablo Bay, Carquinez Strait, Suisun
mission from the Commandant, Elev- Bay, Sacramento River, San Joa-
enth Naval District, or the Senior quin River, and connecting waters,
Naval Officer present who shall in turn CA.
notify the Commandant promptly. (a) General regulations. (1) Within the
(2) No vessel shall anchor in such a navigable waters of San Francisco Bay,
manner as to unreasonably obstruct San Pablo Bay, Carquinez Strait,
the approach to the wharf. Suisun Bay, New York Slough, San
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as Joaquin River Deep Water Channel, the
amended by CCGD118502, 51 FR 2883, Jan 22, Stockton Turning Basin, the Sac-
1986] ramento River Deep Water Ship Chan-
nel between Suisun Bay and the east
110.220 Pacific Ocean at San Nicolas end of the West Sacramento Turning
Island, Calif.; restricted anchorage Basin, and connecting waters, anchor-
areas.
ing is prohibited outside of designated
(a) The restricted areas(1) East area. anchorages except when required for
All waters within a circle having a ra- safety or with the written permission
dius of one nautical mile centered at of the Captain of the Port. Each vessel
latitude 331345, longitude 1192550 anchoring outside an established an-
(the former position of San Nicolas Is- chorage area shall immediately notify
land East End Light), which point the Captain of the Port of her position
bears approximately 101, 420 yards, and reason for anchoring.
from San Nicolas Island East End (2) No vessel may permanently moor
Light. in areas adjacent to the San Joaquin
(2) West area. Shoreward of a line River Deep Water Channel except with
bearing 276 true from San Nicolas Is- the written permission of the Captain
land south side light a distance of six of the Port.
nautical miles; thence to a point bear- (3) Each vessel anchoring for safety
ing 270 true, two nautical miles, from reasons in the San Joaquin River Deep
the westernmost point of the island; Water Channel, the Sacramento River
thence 60 to a point due north of the Deep Water Ship Channel, or the
northernmost point of the island; Stockton or West Sacramento Turning
thence 180 true to the shore. Basins shall be positioned as near to
507
110.224 33 CFR Ch. I (7112 Edition)
the edge of the channel or turning require lighter draft vessels to move to
basin as possible so as not to interfere provide safe anchorage, particularly in
with navigation, or obstruct the ap- Anchorages 7 and 9, for deep-draft ves-
proach to any pier, wharf, slip, or boat sels.
harbor and shall move as soon as the (12) Barges towed in tandem to any
reason for anchoring no longer exists anchorage shall nest together when an-
or when notified to move by the Cap- choring.
tain of the Port. (13) Each vessel that is notified by
(4) No vessel may anchor within a the Captain of the Port or his author-
tunnel, cable, or pipeline area shown ized representative to shift her position
on a Government chart. shall promptly shift her position.
(5) No vessel may moor, anchor, or (14) No person may use these anchor-
tie up to any pier, wharf, or other ves- ages for any purpose other than the
sel in such a manner as to extend into purpose stated in these anchorage reg-
an adjacent channel or fairway. ulations.
(6) No vessel in such a condition that
(15) Where these regulations require
it is likely to sink or otherwise become
that a vessel notify the Captain of the
a menace or obstruction to navigation
Port, the operator of the vessel shall
or anchorage of other vessels may oc-
transmit such report to the San Fran-
cupy an anchorage, except when un-
cisco Vessel Traffic Service.
foreseen circumstances create condi-
tions of imminent peril to personnel NOTE: Vessel Traffic Service guards VHF-
and then only for such period as may FM Channel 13 (156.65 MHz) and Channel 14
be authorized by the Captain of the (156.70 MHz).
Port. (16) Nothing in this section may be
(7) Each vessel carrying explosives construed as relieving any vessel or the
shall only anchor in an explosives an- owner or person in charge of any vessel
chorage except as authorized by para- from the penalties of law for obstruct-
graph (a)(1) or (a)(17) of this section. ing or interfering with range lights or
(8) No vessel other than a vessel
for not complying with the laws relat-
under Federal supervision may go
ing to lights, day signals, and fog sig-
alongside or in any manner moor to
nals and other navigation laws and reg-
any Government-owned vessel, moor-
ulations.
ing buoy, or pontoon boom, their an-
chor cables, or any of their appendages. (17) The District Engineer, Corps of
No vessel other than a vessel under Engineers, may issue written permis-
Federal supervision may obstruct or sion for anchoring a single barge car-
interfere in any manner with the moor- rying explosives in quantities consid-
ing, unmooring, or servicing of vessels ered by the District Engineer as safe
owned by the United States. and necessary in the vicinity of work
(9) The Captain of the Port may re- being done directly under the District
quire any vessel in a designated an- Engineer supervision or under a De-
chorage area to moor with two or more partment of the Army permit. When
anchors. issuing such a permit, the District En-
(10) Each vessel that will not have gineer shall prescribe the conditions
sufficient personnel on board to weigh under which the explosives must be
anchor at any time shall anchor with stored and handled and shall furnish a
two anchors with mooring swivel, un- copy of the permit and a copy of the
less otherwise authorized by the Cap- rules and regulations for storing and
tain of the Port. handling to the Captain of the Port.
(11) Deep-draft vessels shall take (18) No vessel may anchor in a dead
precedence over vessels of lighter draft ship status (propulsion or control un-
in the deeper portions of all anchor- available for normal operations) at any
ages. Light-draft barges and vessels anchorage other than in Anchorage 9
shall anchor away from the deeper por- as specified in Table 110.224(D)(1) with-
tions of the anchorage so as not to out prior approval of the Captain of the
interfere with the anchoring of deep- Port.
draft vessels. Should circumstances (b) Naval anchorages. In addition to
warrant, the Captain of the Port may the general regulations in paragraph
508
(a) of this section, the following regula- before entering the anchorage and may
tions apply to each naval anchorage de- be revoked at any time.
scribed in this section. (iv) No vessel may anchor in the for-
(1) Naval anchorages are intended for bidden anchorage zone surrounding an
public vessels of the United States, but activated explosives anchorage.
may be used by other vessels when not (5) Each vessel loaded with, loading,
required for use by public vessels. or unloading explosives, while within
(2) Other vessels using a naval an- an explosives anchorage, shall display
chorage shall promptly notify the Cap- by day at her masthead, or at least 10
tain of the Port upon anchoring and feet above the upper deck if the vessel
upon departure and shall be prepared has no mast, a red flag at least 16
to move within one hour upon notice square feet in area.
should the anchorage be required for (6) Each passing vessel shall reduce
public vessels. speed as necessary so as to insure that
(c) Explosive anchorages. In addition its wake does not interfere with cargo
to the general regulations in paragraph transfer operations aboard any vessel
(a) of this section, the following regula- displaying a red flag in an explosives
tions apply to each explosives anchor- anchorage.
age described in this section. (7) The Captain of the Port may:
(1) Explosives anchorages and, where (i) Issue permission to any vessel car-
established, surrounding forbidden an- rying flammable solids, oxidizing ma-
chorage zones, are temporarily acti- terials, corrosive liquids, flammable
vated as needed by the Captain of the liquids, compressed gases, or poisonous
Port. When not activated, explosives substances to occupy a berth in an ac-
anchorages and surrounding forbidden tivated explosives anchorage. Such a
anchorage zones become part of the permit must be obtained before enter-
general anchorage which encompasses ing the anchorage and may be revoked
them or, if not located within the at any time.
boundaries of a general anchorage, be- (ii) Require any person having busi-
come available for general navigation. ness on board a vessel which is loaded
(2) Notice of activation and deactiva- with, loading, or unloading explosives
tion of explosives anchorages will be to have a document that is acceptable
disseminated by Coast Guard Broad- to the Coast Guard for identification
cast Notice to Mariners. purposes and to show that document to
the Captain of the Port.
(3) Each vessel which anchors in an
(iii) Require a non-self-propelled ves-
explosives anchorage or surrounding
sel, or a self-propelled vessel that is un-
forbidden anchorage zone while such
able to maneuver under its own power,
anchorage is not activated shall be pre-
that occupies an activated explosives
pared to move within one hour if the
anchorage to be attended by a tug.
anchorage is activated.
(d) Anchorage grounds. (1) Table
(4) Unless otherwise authorized by
110.224(d)(1) lists anchorage grounds,
the Captain of the Port:
identifies the purpose of each anchor-
(i) No vessel may anchor in an acti-
age, and contains specific regulations
vated explosives anchorage except ves-
applicable to certain anchorages.
sels loaded with, loading, or unloading
(2) The geographic boundaries of each
explosives.
anchorage are contained in paragraph
(ii) No vessel may enter or remain in
(e) of this section.
an activated explosives anchorage ex-
cept (A) vessels loaded with, loading or TABLE 110.224(d)(1)
unloading explosives, (B) lighters or
barges delivering cargo to or from such Anchor- Specific
General location Purpose
age No. regulations
vessels, or (C) a tug authorized by para-
graph (c)(7)(iii) of this section. 4 .......... San Francisco Bay General ...... Notes a, b.
5 .......... ......do ................... ......do ........ Do.
(iii) No vessel carrying explosives or 6 .......... ......do ................... ......do ........ Note a.
on which explosives are to be loaded 7 .......... ......do ................... ......do ........ Notes a, b, c,
may enter or remain in an activated d, e.
explosives anchorage without written 8 .......... ......do ................... ......do ........ Notes a, b, c.
8A ....... ......do ................... ......do ........ Notes a, b, c,
permission from the Captain of the d, e, j, n.
Port. Such a permit must be obtained 9 .......... ......do ................... ......do ........ Notes a, b, m.
509
110.224 33 CFR Ch. I (7112 Edition)
TABLE 110.224(d)(1)Continued k. See 162.270 of this title establishing re-

stricted areas in the vicinity of the Maritime
Anchor- Specific Administration Reserve Fleet.
General location Purpose
age No. regulations l. Vessels using this anchorage must ex-
10 ........ ......do ................... Naval ......... Note a. ceed 15 feet draft, have engines on standby,
12 ........ ......do ................... Explosives Notes a, f. and have a pilot on board.
13 ........ ......do ................... ......do ........ Notes a, e, g. m. Any vessel anchoring in a dead-ship
14 ........ ......do ................... ......do ........ Notes a, f, h. status shall have one assist tug of adequate
18 ........ San Pablo Bay ..... General. bollard pull on standby and immediately
19 ........ ......do ................... ......do ........ Note b.
available (maximum of 15 minute response
20 ........ ......do ................... ......do.
21 ........ ......do ................... Naval. time) to provide emergency maneuvering.
22 ........ Carquinez Strait ... General. When the sustained winds are 20 knots or
23 ........ Benicia .................. General ...... Notes c, d, e, greater, or when the wind gusts are 25 knots
l. or greater, the tug must be alongside.
24 ........ Carquinez Strait ... General ...... Note j. n. This temporary anchorage will be acti-
26 ........ Suisun Bay ........... ......do ........ Note k. vated by VTS San Francisco when Anchor-
27 ........ ......do ................... ......do.
28 ........ San Joaquin River ......do.
ages 8 and 9 are at capacity and additional
30 ........ ......do ................... Explosives. anchorage capacity in the vicinity of Ala-
meda is required. VTS will notify a vessel
NOTES: a. When sustained winds are in ex- that this temporary anchorage is activated
cess of 25 knots each vessel greater than 300 and available for use when Anchorages 8 and
gross tons using this anchorage shall main- 9 are full, and a vessel requests permission
tain a continuous radio watch on VHF chan- from VTS to anchor in Anchorage 8 or 9.
nel 13 (156.65 MHz) and VHF channel 14 (156.70 (e) Boundaries(1) Anchorage No. 4.
MHz). This radio watch must be maintained Bounded by the west shore of San
by a person who fluently speaks the English Francisco Bay and the following lines:
language. Beginning on the shore southwest of
b. Each vessel using this anchorage may Point San Quentin at latitude 375628
not project into adjacent channels or fair- N., longitude 1222854 W.; thence east-
ways.
c. This anchorage is primarily for use by
southeasterly to latitude 375555 N.,
vessels requiring a temporary anchorage longitude 1222649 W., thence south-
waiting to proceed to pier facilities or other westerly to latitude 375413 N., lon-
anchorage grounds. This anchorage may not gitude 1222724 W., thence southeast-
be used by vessels for the purpose of loading erly to the shore of Tiburon Peninsula
any dangerous cargoes or combustible liq- at Point Chauncey at latitude
uids unless authorized by the Captain of the 375340.5 N., longitude 1222655 W.
Port. When Explosives Anchorage No. 13 is
d. Each vessel using this anchorage may
not remain for more than 12 hours unless au-
activated by the Captain of the Port, it
thorized by the Captain of the Port. and the forbidden anchorage zone sur-
e. Each vessel using this anchorage shall rounding it are excluded from Anchor-
be prepared to move within 1 hour upon noti- age No. 4.
fication by the Captain of the Port. (2) Anchorage No. 5, Southampton
f. The maximum total quantity of explo- Shoal. In San Francisco Bay at South-
sives that may be on board a vessel using ampton Shoal bounded by a line con-
this anchorage shall be limited to 3,000 tons necting the following coordinates:
unless otherwise authorized with the written
permission of the Captain of the Port. 375548 N. 1222552 W; to
g. The maximum total quantity of explo- 375550 N. 1222632 W; to
sives that may be on board a vessel using 375449 N. 1222639 W; to
this anchorage shall be limited to 50 tons ex- 375403 N. 1222606 W; to
cept that, with the written permission of the 375325 N. 1222530 W; to
Captain of the Port, each vessel in transit, 375323 N. 1222509 W; to
loaded with explosives in excess of 50 tons, 375519 N. 1222533 W; to
may anchor temporarily in this anchorage 375542 N. 1222545 W; thence
provided that the hatches to the holds con- back to
taining explosives are not opened. 375548 N. 1222552 W.
h. Each vessel using this anchorage will be (3) Anchorage No. 6. Bounded by the
assigned a berth by the Captain of the Port east shore of San Francisco Bay and
on the basis of the maximum quantity of ex-
plosives that will be on board the vessel.
the following lines: Beginning at the
i. [Reserved] shore of the southernmost extremity of
j. Each vessel using this anchorage shall Point Isabel at latitude 375346 N.,
promptly notify the Captain of the Port, longitude 1221919 W.; thence westerly
upon anchoring and upon departure. along the north shore of Brooks Island
510
to the jetty extending westerly there- N and longitude 1222042 W; thence

from; thence westerly along the jetty northerly to latitude 374638 N and
to its bayward end at latitude 375413 longitude 1222042 W; thence westerly
N., longitude 1222327 W.; thence along the southern border of Anchor-
south-southeasterly to latitude age 8 to latitude 374641 N and lon-
374953 N.; longitude 1222139 W.; gitude 1222123 W; thence northwest-
thence southeasterly to latitude erly along the southwestern border of
374932.5 N., longitude 1222120.5 W.; Anchorage 8 back to the beginning
thence easterly to latitude 374934 N., point (NAD 83).
longitude 1222013 W.; thence east- (7) Anchorage No. 9. In San Francisco
southeasterly to latitude 374930 N., Bay bounded on the east by the eastern
longitude 1221945.5 W.; thence east- shore of San Francisco Bay and on the
northeasterly to the shore at north by the southern shore of Ala-
Emeryville at latitude 375004 N., lon- meda Island and a line beginning at
gitude 1221741 W.; excluding from this 374621.5 N, 1221907 W; thence west-
area, however, the channel to Berkeley erly to 374630 N, 1222156 W; thence
Marina delineated by lines joining the south-southeasterly to 374145 N,
following points: 1222022 W (San Bruno Channel Light
375208 N., 1221907 W. 1); thence south-southeasterly to
375203 N., 1221917.5 W. 373838.5 N, 1221848.5 W (San Bruno
375200 N., 1221915.5 W.
Channel Light 5); thence southeasterly
375101 N., 1222207 W.
375043 N., 1222200 W. to 373605 N, 1221418 W; thence
375053 N., 1222132 W. northeasterly to shore at 373738.5 N,
375147 N., 1221859 W. 1220906.5 W (NAD 83).
(8) Anchorage No. 10. In San Francisco
(4) Anchorage No. 7, Treasure Island.
In San Francisco Bay at Treasure Is- Bay bounded by the east shore of
land bounded a line connecting the fol- Sausalito and the following lines: Be-
lowing coordinates: ginning on the shore of Sausalito at
374936 N., 1222240 W; to
375000 N., 1222257 W; to W.; thence southeasterly to latitude
375000 N., 1222344 W; to 375057.5 N., longitude 1222757 W.;
374922.5 N., 1222344 W; to thence southwesterly to the shore of
374840.5 N., 1222238 W; to Sausalito at latitude 375036 N., lon-
374900.0 N., 1222216 W; thence gitude 1222834 W.
along the shore to (9) Anchorage No. 12. In San Francisco
374936 N., 1222240 W.
Bay east of the city of San Francisco a
(5) Anchorage No. 8. In San Francisco circular area having a radius of 500
Bay bounded by the west shore of Ala- yards centered at latitude 374432.5 N.,
meda Island and the following lines: longitude 1222027.5 W. A 667-yard-
Beginning at 374752 N, 1221958 W; wide forbidden anchorage zone sur-
thence west-northwesterly to 374802.5 rounds this anchorage.
N 1222101.5 W; thence west-southwest- (10) Anchorage No. 13. In San Fran-
erly to 374751.5 N, 1222140 W; thence cisco Bay east of the Tiburon Penin-
south-southwesterly to 374735.5 N, sula a circular area having a radius of
1222150 W; thence south-southeast- 333 yards centered at latitude 375526
erly to 374640 N, 1222123 W; thence N., longitude 1222727 W. A 667-yard-
easterly to 374636.5 N, 1221952 W; wide forbidden anchorage zone sur-
thence northerly to shore at 374653 N, rounds this anchorage except where
1221953.5 W (NAD 83). such zone would extend beyond the
(6) Anchorage No. 8A. In San Fran- limits of Anchorage No. 4.
cisco Bay bounded by the following
lines: Beginning at latitude 374735 N NOTE: See 110.224(e)(2) for a description of
Anchorage No. 4.
and longitude 1222150 W; thence
south-southwesterly to latitude (11) Anchorage No. 14. In San Fran-
374707 N and longitude 1222209 W; cisco Bay east of Hunters Point an area
thence south-southeasterly to latitude 1,000 yards wide and 2,760 yards long,
374630 N and longitude 1222157 W; the end boundaries of which are
thence easterly along the northern bor- semicircles, with a radii of 500 yards
der of Anchorage 9 to latitude 374626 and center, respectively at latitude
511
110.224 33 CFR Ch. I (7112 Edition)
374237 N., longitude 1221948 W. and tude 380348 N., longitude 1221516 W.;
latitude 374329 N., longitude 1221948 thence westerly to latitude 380342 N.,
W. (NAD 83); and the side boundaries of longitude 1221552 W.; thence north-
which are parallel tangents joining the erly to the point of beginning.
semicircles. A forbidden anchorage (16) Anchorage No. 22, Carquinez Strait.
zone extends 667 yards out from the pe- In Carquinez Strait an area bounded by
rimeter on each side. a line connecting the following coordi-
(12) Anchorage No. 18. In San Pablo nates:
Bay bounded by the west shore of San 380236.8 N. 1220959 W; to
Pablo Bay and the following lines: Be- 380206.6 N. 1220946.7 W; to
ginning at the shore at Point San 380153.8 N. 1220900 W; to
Pedro at latitude 375916 N., longitude 380233.9 N. 1220900 W; thence
1222647 W.; thence easterly to lati- back to
380236.8 N. 1220959 W.
tude 375916 N., longitude 1222626 W.;
thence northerly to latitude 380346 (17) Anchorage No. 23, Benicia. In
N., longitude 1222552.5 W.; thence Carquinez Strait an area bounded by a
northwesterly to the shore south of the line connecting the following coordi-
entrance to Novato Creek at latitude nates:
380513.5 N., longitude 1222904 W.; ex- 380233.9 N. 1220900 W; to
cluding from this area, however, the 380153.8 N. 1220900 W; to
channel to Hamilton Field and the ex- 380157.4 N. 1220819.3 W; to
tension of this channel easterly to the 380233 N. 1220818.6 W; thence
boundary of the anchorage, and the back to
380233.9 N. 1220900 W.
pipeline area therein.
(13) Anchorage No. 19. In San Pablo (18) Anchorage No. 24. Bounded by the
Bay bounded by the northeast shore of north shore of Carquinez Strait and the
San Pablo Bay and the following lines: following points: Beginning on the
Beginning at the shore of Tubbs Island shore at Dillon Point at 380344 N,
at latitude 380739 N., longitude 1221134 W; thence southeasterly to
1222518 W.; thence southerly to lati- 380321 N, 1221043 W; thence south-
tude 380036 N., longitude 1222520 W.; easterly to 380236 N, 1221003 W
thence northeasterly to latitude (Carquinez Strait Light 23); thence to
380313 N., longitude 1221946 W.; the shore at the Benicia City Wharf at
thence east-northeasterly to latitude 380240 N, 1220955 W (NAD 83).
380337 N., longitude 1221713 W.; (19) Anchorage No. 26. On the west
thence northerly to the long dike ex- side of Suisun Bay, adjacent to and
tending southwesterly from Mare Is- northeast of the city of Benicia within
land at latitude 380352.5 N., longitude the following boundaries:Beginning on
1221710 W.; thence along the long dike the shore northeast of Army Point at
to the shore at Mare Island. latitude 380254 N., longitude 1220737
(14) Anchorage No. 20. In San Pablo W.; thence south-southeasterly along
Bay bounded by the southeast shore of the Southern Pacific bridge to latitude
San Pablo Bay and the following lines: 380238 N., longitude 1220724 W.;
Beginning at the northeast corner of thence easterly to latitude 380242 N.,
Parr Terminal No. 4 at Point San longitude 1220707.5 W.; thence north-
Pablo at latitude 375759 N., longitude easterly to latitude 380542 N., lon-
1222535 W.; thence northeasterly to gitude 1220406 W.; thence northwest-
latitude 380127.5 N., longitude erly to the shore at latitude 380558
1222133 W.; thence east-northeasterly N., longitude 1220428 W.; thence along
to the Union Oil Co. pier at Oleum at the shore to the point of beginning.
latitude 380318 N., longitude 1221537 (20) Anchorage No. 27. In the north-
W.; and thence along this pier to the east portion of Suisun Bay bounded by
shore. the north shore and the following lines:
(15) Anchorage No. 21. In San Pablo Beginning on the shore of Grizzly Is-
Bay south of Mare Island a rectangular land at latitude 380813 N., longitude
area beginning at latitude 380356 N., 1220242.5 W.; thence southerly to tri-
longitude 1221556 W.; thence easterly pod at Preston Point on Roe Island at
to latitude 380402 N., longitude latitude 380416 N., longitude 1220242
1221520 W.; thence southerly to lati- W.; thence along the south shore of Roe
512
Island to latitude 380405 N., longitude to latitude 461144.98 N, longitude

1220135 W.; thence east-southeasterly 1234949.44 W; thence continuing west-
to latitude 380342.5 N., longitude erly to latitude 461144.32 N, longitude
1215854 W.; thence easterly to the 1234958.88 W; thence continuing
shore of Chipps Island at latitude northeasterly to the point of the begin-
380342.5 N., longitude 1215505 W. ning.
(21) Anchorage No. 28. The area bound- (2) Astoria South Anchorage. An area
ed on the east by the shore of Lower enclosed by a point beginning east-
Sherman Island and the following northeast of Astoria, Oregon, at lati-
lines: Beginning at Point Sacramento tude 461146.95 N, longitude
on Lower Sherman Island at latitude 1234913.04 W; thence continuing
380345 N., longitude 1215017.5 W.; northeasterly to latitude 461302.18 N,
thence southwesterly to latitude longitude 1234554.55 W; thence con-
380337.5 N., longitude 1215031 W.; tinuing easterly to latitude 461305.90
thence south-southeasterly to latitude N, longitude 1234541.55 W; thence con-
380211 N.; longitude 1214958 W.; tinuing southeasterly to latitude
thence to the shore of Lower Sherman 461255.16 N, longitude 1234534.31 W;
Island at latitude 380223 N., longitude thence continuing southwesterly to
1214949 W. latitude 461224.32 N, longitude
(22) Anchorage No. 30. The portion of 1234634.70 W; thence continuing west-
the Old San Joaquin River Channel southwesterly to latitude 461137.32 N,
bounded on the west by the shore of longitude 1234903.46 W; thence con-
Mandeville Point and the following tinuing north-northwesterly to the
lines: Beginning on the shore of point of the beginning.
Mandeville Point at latitude 380401 (3) Longview Anchorage. An area en-
N., longitude 1213205 W.; thence closed by a line beginning southeast of
northeasterly to latitude 380407.5 N., Longview, Washington, at latitude
longitude 1213158 W.; thence south- 460628.69 N, longitude 1225738.33 W;
easterly to latitude 380347 N., lon- thence continuing northwesterly to
gitude 1213142.5 W.; thence westerly latitude 460641.71 N, longitude
to the shore of Mandeville Point at 1225801.25 W; thence continuing west-
latitude 380347.5 N., longitude erly to latitude 460722.55 N, longitude
1213156 W. 1225900.81 W; thence continuing west-
[CGD12 8407, 51 FR 12315, Apr. 10, 1986] erly to latitude 460736.21 N, longitude
1225919.29 W; thence continuing
tations affecting 110.224, see the List of CFR southwesterly to latitude 460728.44 N,
Sections Affected, which appears in the longitude 1225931.18 W; thence con-
Finding Aids section of the printed volume tinuing easterly to latitude 460714.77
and at www.fdsys.gov. N, longitude 1225912.70 W; thence con-
tinuing easterly to latitude 460642.01
110.228 Columbia River, Oregon and N, longitude 1225828.41 W; thence con-
Washington. tinuing northeasterly to latitude
(a) Anchorage grounds.(1) Astoria 460634.27 N, longitude 1225814.21 W;
North Anchorage. An area enclosed by a thence continuing northeasterly to
line beginning northeast of Astoria, Or- latitude 460632.19 N, longitude
egon, at latitude 461200.79 N, lon- 1225808.77 W; thence continuing
gitude 1234955.40 W; thence con- northeasterly to latitude 460622.44 N,
tinuing easterly to latitude 461202.00 longitude 1225743.27 W; thence con-
N, longitude 1234940.09 W; thence continuing northeasterly to the point of
tinuing east-northeasterly to latitude the beginning.
461314.85 N, longitude 1234627.89 W; (4) Kalama Anchorage. An area to be
thence continuing south-southeasterly enclosed by a line beginning north-
to latitude 461300.56 N, longitude northwesterly of Sandy Island at lati-
1234616.65 W; thence continuing tude 460120.48 N, longitude
southwesterly to latitude 461151.79 N, 1225204.32 W; thence continuing east-
longitude 1234918.08 W; thence con- southeasterly to latitude 460057.73 N,
tinuing west-southwesterly to latitude longitude 1225135.14 W; thence con-
461146.27 N, longitude 1234943.48 W; tinuing east-southeasterly to latitude
thence continuing west-southwesterly 460053.95 N, longitude 1225130.29 W;
513
110.228 33 CFR Ch. I (7112 Edition)
thence continuing southeasterly to north-northeast of Reeder Point at

latitude 460035.10 N, longitude latitude 454339.18 N, longitude
1225115.37 W; thence continuing 1224527.54 W; thence continuing
south-southeasterly to latitude south-southwesterly to latitude
455941.48 N, longitude 1225052.40 W; 454126.95 N, longitude 1224613.83 W;
thence continuing southwesterly to thence continuing southerly to lati-
latitude 455938.65 N, longitude tude 454035.72 N, longitude
1225105.97 W; thence continuing 1224609.98 W; thence continuing
north-northwesterly to latitude south-southeasterly to latitude
thence continuing west-northwesterly thence continuing west-southwesterly
to latitude 460051.32 N, longitude to latitude 454020.68 N, longitude
1225145.44 W; thence continuing west- 1224616.07 W; thence continuing
northwesterly to latitude 460124.38 N, northwesterly to latitude 454032.85 N,
longitude 1225221.20 W; thence con- longitude 1224621.98 W; thence con-
tinuing northeasterly to the beginning. tinuing north-northwesterly to lati-
(5) Woodland Anchorage. An area en- tude 454101.03 N, longitude
closed by a line beginning northeast of 1224626.85 W; thence continuing
Columbia City, Oregon, at latitude northerly to latitude 454129.07 N, lon-
455355.31 N, longitude 1224817.35 W; gitude 1224626.15 W; thence con-
thence continuing easterly to latitude tinuing north-northeasterly to latitude
thence continuing south-southeasterly thence continuing easterly to the point
to latitude 455327.16 N, longitude of the beginning. The Vancouver lower
1224744.28 W; thence continuing west- anchorage will then resume slightly
erly to latitude 455320.16 N, longitude further upstream at an area north of
1224802.37 W; thence continuing Kelly point and will be enclosed by a
northwesterly to latitude 455341.50 N, line starting at latitude 454010.09 N,
longitude 1224813.53 W; thence con- longitude 1224557.53 W; thence con-
tinuing northerly to the point of begin- tinuing southeasterly to latitude
ning. 453942.94 N, longitude 1224544.34 W;
(6) Henrici Bar Anchorage. An area en- thence continuing west-southwesterly
closed by a line beginning west-south- to latitude 453940.07 N, longitude
westerly of Bachelor Slough, Wash- 1224556.34 W; thence continuing
ington, at latitude 454724.68 N, lon- northwesterly to latitude 454006.75 N,
gitude 1224649.14 W; thence con- longitude 1224609.30 W; thence con-
tinuing east-southeasterly to latitude tinuing east-northeasterly to the point
454644.95 N, longitude 1224613.23 W, of the beginning.
thence continuing southeasterly to (8) Kelly Point Anchorage. An area en-
latitude 454625.67 N, longitude closed by a line beginning northeast of
1224600.54 W; thence continuing Kelly Point, Oregon, at latitude
south-southeasterly to latitude 453910.32 N, longitude 1224536.45 W;
454602.69 N, longitude 1224550.32 W; thence continuing east-southeasterly
thence continuing southerly to lati- to latitude 453902.10 N, longitude
tude 454543.66 N, longitude 1224521.67 W; thence continuing east-
1224545.33 W; thence continuing southeasterly to latitude 453859.15 N,
southerly to latitude 454537.52 N, lon- longitude 1224516.38 W; thence con-
gitude 1224544.99 W; thence continuing southwesterly to latitude
tinuing westerly to latitude 454537.29 453851.03 N, longitude 1224525.57 W;
N, longitude 1224553.06 W; thence con- thence continuing westerly to latitude
tinuing north-northwesterly to lati- 453851.54 N, longitude 1224526.35 W;
tude 454615.94 N, longitude thence continuing northwesterly to
1224610.25 W; thence continuing west- latitude 453906.27 N, longitude
northwesterly to latitude 454720.20 N, 1224540.50 W; thence continuing
longitude 1224659.28 W; thence con- north-northeasterly to the beginning
tinuing easterly to the point of begin- point.
ning. (9) Upper Vancouver Anchorage. An
(7) Lower Vancouver Anchorage. An area enclosed by a line beginning
area enclosed by a line beginning north-northeast of Hayden Island at
514
latitude 453843.44 N, longitude thence continuing east-northeasterly

1224439.50 W; thence continuing to the point of the beginning.
northeasterly to 453826.98 N, lon- (b) Regulations.
gitude 1224325.87 W; thence con- (1) All designated anchorages are in-
tinuing east-northeasterly to latitude tended for the primary use of deep-
453817.31 N, longitude 1224254.69 W; draft vessels over 200 feet in length.
thence continuing easterly to latitude (2) If a vessel under 200 feet in length
453812.40 N, longitude 1224243.93 W; is anchored in a designated anchorage,
thence continuing east-southeasterly the master or person in charge of the
to latitude 453740.53 N, longitude vessel shall:
1224144.08 W; thence south-southeast- (i) Ensure that the vessel is anchored
erly to latitude 453736.11 N, longitude so as to minimize conflict with large,
1224148.86 W; thence continuing west- deep-draft vessels utilizing or seeking
southwesterly to latitude 453752.20 N,
to utilize the anchorage; and
longitude 1224219.50 W; thence con-
(ii) Move the vessel out of the area if
tinuing west-southwesterly to latitude
requested by the master of a large,
453810.75 N, longitude 1224308.89 W;
deep-draft vessel seeking to enter or
thence continuing southwesterly to
latitude 453818.79 N, longitude depart the area or if directed by the
1224344.83 W; thence continuing west- Captain of the Port.
erly to latitude 453841.37 N, longitude (3) Vessels desiring to anchor in des-
1224440.44 W; thence continuing ignated anchorages shall contact the
northeasterly to the point of begin- pilot office that manages that anchor-
ning. age to request an appropriate position
(10) Cottonwood Island Anchorage. An to anchor. Columbia River Bar Pilots
area enclosed by a line beginning west- manage Astoria North Anchorage and
southwest of Longview, WA at latitude Astoria South Anchorage. Columbia
460556.88 N, longitude 1225653.19 W; River Pilots manage all designated an-
thence continuing easterly to latitude chorages upriver from Astoria.
460514.06 N, longitude 1225445.71 W; (4) No vessel may occupy a des-
thence continuing east-southeasterly ignated anchorage for more than 30
to latitude 460457.12 N, longitude consecutive days without permission
1225412.41 W; thence continuing from the Captain of the Port.
southeasterly to latitude 460437.55 N, (5) No vessel being laid-up or disman-
longitude 1225345.80 W; thence con- tled or undergoing major alterations or
tinuing southeasterly to latitude repairs may occupy a designated an-
460413.72 N, longitude 1225323.66 W; chorage without permission from the
thence continuing southeasterly to Captain of the Port.
latitude 460354.94 N, longitude (6) No vessel carrying a Cargo of Par-
1225311.81 W; thence continuing ticular Hazard listed in 126.10 of this
southerly to latitude 460334.96 N, lon- chapter may occupy a designated an-
gitude 1225303.17 W; thence con- chorage without permission from the
tinuing westerly to latitude 460332.06 Captain of the Port.
N, longitude 1225319.68 W; thence con-
(7) No vessel in a condition such that
tinuing north-northwesterly to lati-
it is likely to sink or otherwise become
a hazard to the operation of other ves-
1225327.81 W; thence continuing
sels shall occupy a designated anchor-
northwesterly to latitude 460408.10 N,
longitude 1225338.70 W; thence con- age except in an emergency and then
tinuing northwesterly to latitude only for such periods as may be author-
460429.41 N, longitude 1225358.17 W; ized by the Captain of the Port.
thence continuing north-northwesterly (8) Vessels anchoring in Astoria
to latitude 460449.89 N, longitude North Anchorage should avoid placing
1225421.57 W; thence continuing their anchor in the charted cable area.
northwesterly to latitude 460506.95 N, [USCG20081232, 74 FR 51781, Oct. 8, 2009, as
longitude 1225450.65 W; thence con- amended by USCG20100351, 75 FR 36282,
tinuing northwesterly to latitude June 25, 2010]
460549.77 N, longitude 12256 58.12 W;
515
110.229 33 CFR Ch. I (7112 Edition)
110.229 Straits of Juan de Fuca, (1b) Bellingham Bay Explosives An-

Wash. chorage. The waters of Bellingham Bay
(a) Anchorage grounds(1) Nonanchor- within a circular area with a radius of
1,000 yards, having its center at lati-
age area (Port Angeles Harbor). Begin-
tude 484248, longitude 1223337.
ning at a point on the shore at latitude
(2) Port Townsend Explosives Anchor-
480704.5 N., longitude 1232415.6 W.;
ages(i) Fair weather anchorage area. A
circular area having a radius of 300
yards, whose center is at latitude
480736.7 N., longitude 1232346 W.;
480626, longitude 1224346.
thence to a point on the shoreline at
(ii) Foul weather anchorage area. A
circular area having a radius of 300
1232404 W.
yards, whose center is at latitude
(b) The regulations. (1) No vessel may 480405, longitude 1224452.
anchor in this nonanchorage area at (3) Holmes Harbor General Anchorage.
any time. All of Holmes Harbor lying southerly
(2) Dragging, seining, fishing, or of a line ranging 310 through Hackney
other activities which may foul under- Island, between the shores of Whidbey
water installations within this non- Island.
anchorage area are prohibited. (4) Port Gardner General Anchorage,
(3) Vessels may transit his non- Possession Sound. Beginning at a point
anchorage area, but must proceed by bearing 211, 560 yards, from Snohomish
the most direct route and without un- River Light 5; thence 180, 675 yards;
necessary delay. thence 216, 250 yards; thence 254, 800
(4) The city of Port Angeles will yards; thence 302, 1,700 yards; thence
mark this area with signs on the shore- 49, 1,280 yards; thence approximately
line visible (during normal daylight) 1 115, 1,525 yards, to the point of begin-
mile to seaward reading, Do not An- ning.
chor in This Area. (5) [Reserved]
(6) Thorndike Bay Emergency Explo-
[CGD 72233, 39 FR 41849, Dec. 3, 1974]
sives Anchorage, Hood Canal. Beginning
110.230 Puget Sound Area, Wash. at a point bearing 267, 3,500 yards,
from Hood Canal Light 7; thence 180,
(a) The anchorage grounds(1) Fresh- 1,000 yards to a point approximately
water Bay emergency explosives anchor- 251, 3,725 yards, from Hood Canal Light
age, Strait of Juan de Fuca. All of Fresh- 7; thence 270, 1,350 yards to a point ap-
water Bay and adjacent waters shore- proximately 256, 5,000 yards, from
ward of a line beginning at Observatory Hood Canal Light 7; thence due north
Point, latitude 480903, longitude 1,000 yards, to a point approximately
1233812, thence due north approxi- 268, 4,900 yards, from Hood Canal Light
mately 1,150 yards to latitude 480936, 7; thence approximately 90, 1,350
longitude 1233812; thence 90, approxi- yards, to the point of beginning.
mately 6,450 yards, to latitude 480936, (7) Smith Cove General Anchorage
longitude 1233327; thence 180 to the (west), Elliott Bay. Shoreward of a line
shoreline. beginning at Fourmile Rock Light;
(i) This area does not constitute an thence to a point bearing 207, 1,100
explosives anchorage for loading or dis- yards, from Fourmile Rock Light;
charging explosives, but is established thence southeasterly to a point bearing
exclusively for use by explosives laden 630, 2,075 yards, from Duwamish Head
vessels enroute to the ammunition Light 2; thence due north to the shore
dumping area which encounter adverse of Smith Cove.
weather and sea conditions and are (8) Smith Cove General Anchorage
forced to await more favorable condi- (east) Elliott Bay. Shoreward of a line
tions before proceeding to sea. beginning at latitude 473736.3 N.,
(1a) Bellingham Bay General Anchor- Longitude 1222238 W.; thence due
age. The waters of Bellingham Bay south 1,350 yards to latitude 473656.6
within a circular area with a radius of N., Longitude 1222238 W.; thence due
2,000 yards, having its center at lati- east to the shore at latitude 473656.6
tude 484415, longitude 1223225. N., Longitude 1222118.8 W.
516
(9) Elliott Bay General Anchorage (ii) Anacortes Center (ANC) Anchorage
(east). Shoreward of a line beginning at Area. The waters within a circular area
the northeast corner of Harbor Island with a radius of 600 yards, having its
at latitude 473526.2 N., longitude center at 483054 N, 1223406 W.
1222041 W.; thence due north 1,025 [Datum: NAD 1983].
yards to latitude 473556.5 N., lon- (iii) Anacortes West (ANW) Anchorage
gitude 1222041 W.; thence due west on Area. The waters within a circular area
said line to its intersection with the with a radius of 600 yards, having its
east line of the West Waterway at lati- center at 483109 N, 1223455 W.
tude 473556.5 N., longitude 1202125.5 [Datum: NAD 1983].
W.; thence due south to the northwest (16) Cap Sante Tug and Barge General
corner of Harbor Island at latitude Anchorage. The Cap Sante Tug and
473517.3 N., longitude 1222125.5 W. Barge General Anchorage includes all
(10) Elliott Bay General Anchorage waters enclosed by a line connecting
(west). Shoreward of a line beginning at the following points: 483116 N,
latitude 473506.7 N., longitude 1223600 W, which is approximately
1222136.8 W.; thence due north to lati- the northeast tip of Cap Sante; then
tude 473546 N., longitude 1222136.8 southeast to 483053 N, 1223528 W;
W.; thence on a bearing 335 T for 400 then west southwest to 483045 N,
yards to latitude 473556.5 N., lon- 1223552 W, approximately the south
gitude 1222144 W.; thence due west to tip of Cap Sante; then north along the
Duwamish Head Light; thence due shoreline to the point of origin.
south to the shoreline. [Datum: NAD 1983].
(11) Orchard Point General Anchorage, (17) Hat Island Tug and Barge General
Puget Sound. Beginning at Orchard Anchorage. The Hat Island Tug and
Point Light; thence 106, two miles; Barge General Anchorage includes all
thence 180 to the northern shore of waters enclosed by a line connecting
Blake Island; thence west and south the following points: 483119 N,
along the shoreline to the southern end 1223304 W, near the west side of Hat
of Blake Island at approximate lon- Island; then southwest to 483037 N,
gitude 1222916; thence 250 to the 1223338 W; then east to 483037 N,
dock at Harper; thence westerly and 1223200 W; then northwest to the
northerly along the shoreline to the point of origin. [Datum: NAD 1983].
point of beginning. (b) The regulations. (1) No vessel shall
(12) [Reserved] anchor in any general anchorage de-
(13) Commencement Bay General An- scribed in paragraph (a) of this section
chorage. A quadrilateral area bounded without prior permission from the Cap-
as follows: Beginning at latitude tain of the Port (COTP), or his author-
471737 N., longitude 1222600 W.; ized representative. Vessel Traffic
thence due south to latitude 471719 Service Puget Sound is designated as
N., longitude 1222600 W.; thence due the COTPs authorized representative.
east to a point bearing 286 T from All vessels should seek permission at
Hylebos Waterway Light 1 at a dis- least 48 hours prior to arrival at the
tance of 450 yards; thence due north to anchorage area in order to avoid un-
latitude 471733 N., longitude 1222500 necessary delays.
W.; thence west northwest to the point (i) Except for the Anacortes General
of beginning. Anchorages, a berth in a general an-
(14) Cherry Point General Anchorage. chorage, if available, may be assigned
The waters within a circular area with to any vessel by the Captain of the
a radius of 0.8 nautical mile, having its Port or his authorized representative
center at latitude 484830 N., longitude upon application and he may grant rev-
1224600 W. ocable permits for the continuous use
(15) Anacortes General Anchorages. (i) of the same berth. For the Anacortes
Anacortes East (ANE) Anchorage Area. General Anchorages, the following hi-
The waters within a circular area with erarchy will be applied for assignment
a radius of 600 yards, having its center of a berth: tankers conducting
at 483127 N., 1223345 W. [Datum: lightering operations, then loaded
NAD 1983]. tankers, and then all other vessels.
517
110.230 33 CFR Ch. I (7112 Edition)
(ii) Tugs and oil barges using the Cap occupy a general anchorage except in
Sante and Hat Island General Anchor- an emergency and then only for such
ages are exempt from the requirement period as may be permitted by the Cap-
to obtain the COTPs permission. tain of the Port. A berth in a general
(2) Except for the Anacortes General anchorage, if available, may be as-
Anchorages, no vessel shall occupy any signed to any vessel by the Captain of
general anchorage for a period longer the Port upon application and he may
than 30 days unless a permit is ob- grant revocable permits for the contin-
tained from the Captain of the Port for uous use of the same berth.
that purpose. There is a 10 days max- (8) Explosive anchorages are reserved
imum stay at the Anacortes East and
for vessels carrying explosives. All ves-
Anacortes Center general anchorages,
sels carrying explosives shall be within
and 6 day maximum stay at the
Anacortes West general anchorage. these areas when anchored.
(3) The COTP or his authorized rep- (9) Whenever any vessel not fitted
resentative may require vessels to de- with mechanical power, anchors in an
part from the Anacortes General An- explosive anchorage, the Captain of the
chorage before the expiration of the au- Port may require the attendance of a
thorized or maximum stay. The COTP tug upon such vessel, when, in his judg-
or his authorized representative will ment, such action is necessary.
provide at least 24-hour notice to a ves- (10) Vessels carrying explosives shall
sel required to depart the Anacortes comply with the general regulations in
General Anchorage. paragraph (b)(1) of this section, when
(4) No vessel in a condition such that applicable.
it is likely to sink or otherwise become (11) Every vessel at anchor in an ex-
a menace or obstruction to the naviga- plosives anchorage shall display by day
tion or anchorage of other vessels shall a red flag at least 16 square feet in area
occupy any general anchorage except at its mast head or at least 10 feet
in an emergency and then only for such above the upper deck if the vessel has
period as may be permitted by the Cap- no mast, and by night a red light in the
tain of the Port.
same position specified for the flag.
(5) Within the Anacortes General An-
These signals shall be in addition to
chorages, lightering operations shall
day signals and lights required to be
only be conducted in the Anacortes
West and Anacortes Center anchorages. shown by all vessels when at anchor.
(6) Tugs and barges using the Cap (12) Every vessel constructed of wood
Sante and Hat Island Barge General shall, unless there are steel bulwarks
Anchorages are required to ensure or metallic cases or cargo on board, be
their vessels and barges do not project fitted with radar reflector screens of
beyond the holding areas boundaries. metal of sufficient size to permit tar-
The tug must be manned, remain in at- get indication on the radar screen of
tendance with the barge and maintain commercial type radars.
a communications guard with VTS on (13) Fishing and navigation by pleas-
an appropriate VTS VHF radio working ure and commercial craft are prohib-
frequency, which is currently channel ited within the area at all times when
5A. vessels which are anchored in the area
(7) No vessel shall anchor in any gen- for the purpose of loading or unloading
eral anchorage described in paragraph explosives display a red flag by day and
(a) of this section without prior per- a red light by night, unless special per-
mission from the Captain of the Port, mission is granted by the Captain of
or his authorized representative. No the Port.
vessel shall occupy any general anchor-
(14) No explosives handling in any ex-
age for a period longer than 30 days un-
plosive anchorage will be undertaken
less a permit is obtained from the Cap-
tain of the Port for that purpose. No by any vessel unless personnel from the
vessel in a condition such that it is Captain of the Port are on board to su-
likely to sink or otherwise become a pervise the handling of explosives.
menace or obstruction to the naviga- (15) No vessel shall remain at anchor
tion or anchorage of other vessels shall in any explosive anchorage unless
518
there is on board such vessel a com- main within the explosives anchorage.
petent watchman or a tug in attend- The vessel shall anchor in the position
ance. specified by the permit.
[CGFR 6746, 32 FR 17728, Dec. 12, 1967] (3) The net weight of the explosives
laden aboard all vessels anchored,
EDITORIAL NOTE: For FEDERAL REGISTER ci- moored, or remaining within the an-
chorage shall not exceed 800,000 pounds.
Finding Aids section of the printed volume (4) The Captain of the Port, South-
and at www.fdsys.gov. east, Alaska, may require a nonself
propelled vessel to be attended by a tug
110.231 Ketchikan Harbor, Alaska, while moored, anchored, or remaining
Large Passenger Vessel Anchorage. within the explosives anchorage.
(a) The anchorage grounds. Ketchikan (5) A wooden vessel must:
Harbor, Alaska, Large Passenger Vessel (i) Be fitted with a radar reflector
Anchorage. The waters of Ketchikan screen of metal of sufficient size to per-
Harbor, Ketchikan, Alaska, enclosed by mit target indication on the radar
the following boundary lines: A line screen of commercial type radar; or
from Thomas Basin Entrance Light 2 (ii) Have steel bulwarks; or
to East Channel Lighted Buoy 4A, to (iii) Have metallic cases or cargo
Pennock Island Reef Lighted Buoy aboard.
PR, to Wreck Buoy WR6, then fol- (6) Each vessel moored, anchored, or
lowing a line bearing 064 degrees true remaining within the explosives an-
to shore. This anchorage is effective 24 chorage and carrying, loading, or dis-
hours per day from 1 May through 30 charging explosives from sunrise to
September, annually. sunset shall display:
(b) The regulations. (1) When
(i) A red flag from the mast; or
transiting through the anchorage, all
vessels using propulsion machinery (ii) A sign posted on each side of the
shall proceed across the anchorage by vessel reading ExplosiveKeep
the most direct route and without un- ClearNo Smoking or Open Flame in
necessary delay. Sudden course letters that are 3 inches or larger and
changes within the anchorage are pro- have sufficient contrast with the back-
hibited. ground to be seen from a distance of 200
(2) No vessels, other than a large pas- feet.
senger vessel of over 1600 gross tons, (7) Each vessel moored, anchored, or
(including ferries), may anchor within remaining within the anchorage during
the anchorage without the express con- the night shall display:
sent of the Captain of the Port, South- (i) Anchor lights; and
east Alaska. (ii) A 32 point red light located from
the mast or highest part of the vessel
[CGD1799002, 64 FR 29558, June 2, 1999]
to be visible all around the horizon for
110.232 Southeast Alaska. a distance of 2 miles.
(a) The anchorage grounds(1) Hassler [CGFR 7186A, 36 FR 20603, Oct. 27, 1971, as
Harborexplosives anchorage. The wa- amended by CGD 77020, 42 FR 30618, June 16,
ters of Hassler Harbor within a circular 1977]
area with a radius of 1,500 yards, hav-
ing its center at latitude 551252 N., 110.233 Prince William Sound, Alas-
ka.
longitude 1312552 W.
(b) The regulations. (1) Except in an (a) The anchorage grounds. In Prince
emergency, only a vessel that is trans- William Sound, Alaska, beginning at a
porting, loading or discharging explo- point at latitude 604000 N., longitude
sives may anchor, moor, or remain 1464000 W.; thence south to latitude
within the Hassler Harbor explosives 603800 N., longitude 1464000 W.;
anchorage. thence east to latitude 603800 N., lon-
(2) A master or person in charge of a gitude 1463000 W.; thence north to
vessel shall obtain a written permit latitude 603900 N., longitude 1463000
from the Captain of the Port, South- W.; thence northwesterly to the begin-
east, Alaska, to anchor, moor, or re- ning point.
519
110.235 33 CFR Ch. I (7112 Edition)
(b) The regulations. (1) This anchorage first obtain permission from the Cap-
area is for the temporary use of vessels tain of the Port Honolulu.
during:
[CGD1493003, 59 FR 40820, Aug. 10, 1994, as
(i) Adverse weather or tidal condi-
amended by CGD1403001, 68 FR 20346, Apr.
tions; 25, 2003]
(ii) Vessel equipment failure; or
(iii) Delays at Port Valdez; 110.236 Pacific Ocean off Barbers
(2) No vessel may anchor in this an- Point, Island of Oahu, Hawaii: Off-
chorage without notifying the vessel shore pipeline terminal anchorages.
traffic center in Valdez; and
(3) Each vessel anchored shall notify (a) The anchorage grounds(1) An-
the vessel traffic center in Valdez when chorage A. The waters within an area
it weighs anchor. described as follows: A circle of 1,000
feet radius centered at latitude
[CGD 77144, 43 FR 21459, May 18, 1978] 211743.6 N., longitude 1580736.1 W.
(Datum NAD 83)
110.235 Pacific Ocean (Mamala Bay),
Honolulu Harbor, Hawaii (Datum: (2) Nonanchorage area A. The waters
NAD 83). extending 300 feet on either side of a
(a) The anchorage grounds(1) An- line bearing 059 from anchorage A to
chorage A. The waters bounded by the the shoreline at latitude 211810.6 N.,
arc of a circle with a radius of 350 yards longitude 1580647.1 W. (Datum NAD
with the center located at: 83)
Latitude Longitude
(3) Anchorage B. The waters enclosed
by a line beginning at latitude
211657 N 1575312 W
211620.1 N., longitude 1580459.1 W.;
(2) Anchorage B. The waters bounded thence to latitude 211552.5 N., lon-
by a line connecting the following co- gitude 158057 W.; thence to latitude
ordinates: 211559.7 N., longitude 1580535.9 W.;
211706 N 1575440 W; to thence to latitude 211627.4 N., lon-
211722 N 1575440 W; to gitude 1580528 W.; thence to the point
211722 N 1575419 W; to of beginning. (Datum NAD 83)
211706 N 1575419 W; and
thence to (4) Nonanchorage area B. The waters
211706 N 1575440 W extending 300 feet on either side of a
line bearing 334.5 from anchorage B to
(3) Anchorage C. The waters bounded the shoreline at latitude 211739.1 N.,
by the arc of a circle with a radius of longitude 1580603.2 W. (Datum NAD
450 yards with the center located at:
83)
211709 N 1575455 W
(5) Anchorage C. The waters enclosed
(4) Anchorage D. The waters bounded by a line beginning at latitude
by the arc of a circle with a radius of 211646.6 N., longitude 1580429.1 W.;
450 yards with the center located at: thence to latitude 211646.6 N., lon-
211721 N 1575520 W gitude 1580402.1 W.; thence to latitude
211632.6 N., longitude 1580402.1 W.;
(b) The regulations. (1) Anchors must
be placed inside the anchorage areas.
(2) The anchorages are general an- gitude 1580429.1 W.; thence to the
chorages for commercial vessels. An- point of beginning. (Datum NAD 83)
chorage A should be used only if An- (6) Nonanchorage area C. The waters
chorages B, C, and D are full. extending 300 feet on either side of a
(3) No bunkering operations or vessel line bearing 306 from anchorage C to
to vessel transfer of oil in bulk of any the shoreline at latitude 211742.6 N.,
kind is permitted within Anchorage A. longitude 1580557.9 W. (Datum NAD
(4) Nothing in this section shall be 83)
construed as relieving the owner or (7) Anchorage D. The waters enclosed
person in charge of any vessel from by a line beginning at latitude
complying with the rules of navigation 211748.6 N., longitude 1580710.1 W.;
and with safe navigation practice. thence to latitude 211744.6 N., lon-
(c) Before entering into the anchor- gitude 1580706.1 W.; thence to latitude
age grounds in this section you must 211737.6 N., longitude 1580714.1 W.;
520
thence to latitude 211741.6 N., lon- complying with the rules of the road
gitude 1580718.1 W.; thence to the and safe navigation practice.
point of beginning. (Datum NAD 83) (7) The regulations of this section are
(b) The regulations. (1) No vessels may enforced by the Captain of the Port or
anchor, moor, or navigate in anchor- his duly authorized representative.
ages A, B, C, or D except: [CGD 7359R, 38 FR 16777, June 26, 1973, as
(i) Vessels using the anchorages and amended by CGD 96026, 61 FR 33663, June 28,
their related pipelines for loading or 1996; USCG200212471, 67 FR 41332, June 18,
unloading; 2002]
(ii) Commercial tugs, lighters,
barges, launches, or other vessels en- 110.237 Pacific Ocean at Waimea, Ha-
gaged in servicing the anchorage facili- waii, Naval Anchorage.
ties or vessels using them; (a) The Anchorage grounds. All the
(iii) Public vessels of the United waters within a circle having a radius
States. of 300 yards centered at latitude
(2) When vessels are conducting load- 215650.7 N., longitude 1594122.9 W.
ing or unloading operations as indi- (Datum NAD 83)
cated by the display of a red flag (b) The regulation. Except in an emer-
(international code flag B) at the mast- gency, no vessel except a Naval vessel
head, passing vessels of over 100 gross may anchor or moor in this anchorage
tons shall not approach within 1,000 without permission of the Captain of
yards at a speed in excess of 6 knots. the Port, Honolulu, Hawaii.
(3) The owner of any vessel wanting
[CGD 74187, 41 FR 54176, Dec. 13, 1976, as
to use an anchorage ground and use of amended by CGD 96026, 61 FR 33663, June 28,
the related pipeline facilities shall no- 1996; USCG200212471, 67 FR 41332, June 18,
tify the Captain of the Port, Honolulu, 2002]
Hawaii, and the Commanding Officer,
U.S. Naval Air Station, Barbers Point, 110.238 Apra Harbor, Guam.
Hawaii, at least 24 hours in advance of (a) The anchorage grounds (Datum:
desired occupancy of the anchorage WGS 84). (1) General Anchorage. The
ground by the vessel. Such notification waters bounded by a line connecting
must include the maximum height the following points:
above the waterline of the uppermost 132732.0 N 1443936.8 E
portion of the vessels mast and a de- 132721.0 N 1443922.8 E
scription of the masts lighting includ- 132712.5 N 1443725.4 E
ing height of the highest anchor light and thence along the shoreline to
and any aircraft warning lights to be
132745.5 N 1443934.8 E
displayed by the vessel at night.
(4) When, in the opinion of the Cap- and thence to the point of beginning.
tain of the Port, or his authorized rep- (2) Explosives Anchorage 701. The
resentative, oil transfer operations water in Naval Anchorage A bounded
within these anchorages could jeop- by the arc of a circle with a radius of
ardize the safety of vessels or facilities 350 yards and located at:
in the area, or cause an undue risk of 132654.0 N 1443753.5 E
oil pollution, such oil transfer oper-
ations shall be immediately termi- (3) Naval Explosives Anchorage 702.
nated until such time as the cognizant The waters in the General Anchorage
Coast Guard officer determines that bounded by the arc of a circle with a
the danger has subsided. radius of 350 yards and with the center
(5) Nonanchorage areas A, B, and C located at:
are established for the protection of 132729.9 N 1443813.0 E
submerged pipelines. Except for vessels (4) Naval Anchorage A. The waters
servicing pipeline facilities, no anchor- bounded by a line connecting the fol-
ing, dragging, seining or other poten- lowing points:
tial pipeline fouling activities are per-
132647.3 N 1443742.6 E
mitted within these areas. 132702.0 N 1443742.6 E
(6) Nothing in this section shall be 132710.6 N 1443900.8 E
construed as relieving the owner or 132659.6 N 1443900.8 E
person in charge of any vessel from 132659.6 N 1443908.6 E
521
110.239 33 CFR Ch. I (7112 Edition)
132654.3 N 1443908.6 E within the anchorage ground so that no
132654.3 N 1443924.2 E portion of the hull or rigging at any
132642.2 N 1443924.2 E time extends outside the anchorage
132640.4 N 1443801.8 E
ground.
and thence to the point of beginning. (iv) No vessel may anchor in the har-
(5) Naval Anchorage B. The waters bor for more than 30 consecutive days
bounded by a line connecting the fol- without permission of the Captain of
lowing points: the Port.
132643.7 N 1443953.3 E [CDG148702, 52 FR 25864, July 9, 1987, as
132653.6 N 1444003.8 E amended by CGD148901, 55 FR 27465, July 3,
132651.0 N 1444006.0 E 1990]
132641.0 N 1443956.0 E
and thence along the shoreline to the point 110.239 Island of Tinian, CNMI.
of beginning.
(a) The anchorage grounds (based on
(b) The regulations(1) General An- 1944 Saipan Datum):
chorage. Any vessel may anchor in the (1) Explosives Anchorage A. A circular
General Anchorage except vessels car- area intersecting the shoreline having
rying more than 25 tons of high explo- a radius of 1,900 yards centered at lati-
sives. tude 145857.0 N, longitude 1453540.8
(2) Explosives Anchorage 701. Vessels E.
carrying more than 25 tons of high ex-
(2) Explosives Anchorage B. A circular
plosives must use Anchorage 701, un-
area intersecting the shoreline having
less otherwise directed by the Captain
a radius of 1,900 yards centered at lati-
of the Port.
tude 145815.9 N, longitude 1453554.8
(3) Naval Explosives Anchorage 702. Ex-
E.
cept Naval vessels using the anchorage
as directed by local Naval authorities, (b) The regulations: Explosives An-
no vessel may anchor so that any part chorages A and B; with the exception
of the hull or rigging, or the anchor of explosives laden naval vessels at ex-
tackle may extend into Anchorage 702 plosives anchorage A and B, no vessel
at any time. may anchor within these areas without
(4) Naval Anchorages A and B. (i) Ex- permission of the Captain of the Port.
cept as provided in paragraph (b)(3)(ii) No vessel of more than 500 gross tons
of this section, non-naval vessels may displacement may enter these areas ex-
not anchor within these anchorages or cept for the purpose of anchoring in ac-
use the mooring buoys therein without cordance with this section.
permission of the local Naval authori- [CGD 148701, 52 FR 26146, July 13, 1987]
ties obtained through the Captain of
the Port. (There is a user charge for 110.240 San Juan Harbor, P.R.
the use of these mooring buoys.)
(ii) Small craft that are continuously (a) The anchorage grounds(1) Tem-
manned and capable of getting under- porary Anchorage E (general). Beginning
way may anchor within these anchor- at a point which bears 262 T, 878 yards
ages during daylight hours without from Isla Grande Aero Beacon; thence
prior approval of the Captain of the along a line 7547, 498 yards; thence
Port. along a line 13449, 440 yards; thence
(5) General regulations. (i) Vessels may along a line 22449 to the northerly
use the Naval mooring buoys in the channel limit of Graving Dock Chan-
General Anchorage without charge for nel, and thence to the point of begin-
a period up to 72 hours if authorized by ning.
the Captain of the Port. Vessels so (2) Restricted Anchorage F. Beginning
moored shall promptly move at their at a point which bears 21230, 1,337.5
own expense upon notification from the yards from Isla Grande Light; thence
Captain of the Port. along a line 26900, 550 yards; thence
(ii) Except for vessels not more than along a line 33000 to the westerly
65 feet in length, all vessels shall an- channel limit of Anegado Channel; and
chor in an anchorage ground. thence along the westerly channel
(iii) Vessels anchored in an anchor- limit of Anegado Channel to the point
age ground shall place their anchors of beginning.
522
(b) The regulations. (1) Vessels await- Rico, and such agencies as he may des-
ing customs or quarantine shall use ignate.
Temporary Anchorage E. No vessel [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
shall remain in this anchorage more amended by CGD 77067, 44 FR 50040, Aug. 27,
than 24 hours without a permit from 1979; USCG20080179, 73 FR 35012, June 19,
the U.S. Coast Guard Captain of the 2008]
Port.
110.250 St. Thomas Harbor, Charlotte
(2) Restricted Anchorage F shall Amalie, V.I.
serve both as an additional general an-
chorage area in cases where the tem- (a) The anchorage grounds(1) Inner
porary anchorage is full, and as an ex- harbor anchorage. Beginning at a point
bearing 85, 525 yards from the outer
plosives anchorage for vessels loading
end of a pier at latitude 182019, lon-
or unloading explosives in quantities
gitude 645626 (approximate); thence
no greater than forty (40) tons, Com- 146, 800 yards; thence 70, 860 yards;
mercial Class A Explosives, when so thence 340, 500 yards; and thence to
authorized by the United States Coast the point of beginning.
Guard Captain of the Port. No vessel (2) Outer harbor anchorage. Beginning
shall enter or anchor therein without at Scorpion Rock lighted buoy No. 1
first obtaining a permit from the (latitude 181925.6, longitude
United States Coast Guard Captain of 645541.8); thence 180, 1,580 yards;
the Port. thence 26430, 2,490 yards; thence due
[CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
north 1,255 yards; thence due east to
amended by CGD 79119, 45 FR 32673, May 19, the southerly tip of Sprat Point, Water
1980; CGD 78329, 49 FR 48540, Dec. 13, 1984; 50 Island; thence to Cowell Point, Hassel
FR 5580, Feb. 11, 1985] Island; and thence to the point of be-
ginning.
110.245 Vieques Passage and Vieques (3) East Gregerie Channel anchorage
Sound, near Vieques Island, P.R. (general purpose). Bounded on the
(a) The anchorage grounds(1) Vieques northeast by Hassel Island; on the
southeast by the northwest boundary
Passage explosives anchorage and ammu-
of the outer harbor anchorage; on the
nition handling berth (Area 1). A circular
southwest by Water Island; and on the
area having a radius of 1,700 yards with northwest by a line running from Ba-
its center at latitude 180900 N., lon- nana Point, Water Island, 55 to Hassel
gitude 653240 W. Island.
(2) Vieques Sound explosives anchorage (4) Small-craft anchorage. All the wa-
and ammunition handling berth (Area 2). ters north of a line passing through the
A circular area having a radius of 2,000 outer end of a pier at latitude 182019,
yards with its center at latitude longitude 645626 (approximate) and
181148, longitude 652606. ranging 85.
(3) Southern Vieques Passage explosives (5) Deep-draft anchorage. A circular
anchorage and ammunition handling area having a radius of 400 yards with
berth (Area 3). A circular area having a its center at latitude 181912.2, lon-
radius of 2,000 yards with its center at gitude 645847.8.
latitude 180551, longitude 653614. (6) Long Bay anchorage. The waters of
(b) The regulations. (1) No vessel or Long Bay bounded on the north by the
craft shall enter or remain in these an- southerly limit line of Anchorage E, on
chorages while occupied by vessels hav- the west by the easterly limit line of
Anchorage A to a point at latitude
ing on board explosives or other dan-
182018, thence to latitude 182013,
gerous cargo. Explosives in quantities
longitude 645521; and thence to the
no greater than 1,625 short tons will be
shoreline at latitude 182015, longitude
handled in any area at one time. 645513.
(2) The regulations of this section (b) The regulations. (1) The outer har-
shall be enforced by the Commander, bor anchorage shall be used by vessels
Coast Guard Sector, San Juan, Puerto undergoing examination by quarantine,
customs, immigration, and Coast
Guard officers. Upon completion of
523
110.255 33 CFR Ch. I (7112 Edition)
these examinations, vessels shall move (9) The Coast Guard Captain of the
promptly to anchorage. This anchorage Port San Juan is hereby empowered,
shall also be used by vessels having whenever the maritime or commercial
drafts too great to permit them to use interests of the United States so re-
the inner harbor anchorage. No vessel quire, to shift the position of any ves-
shall remain more than 48 hours in this sel anchored within the Long Bay an-
anchorage without a permit from the chorage, and of any vessel which is so
Harbor Master. moored or anchored as to impede or ob-
(2) The small-craft anchorage shall struct vessel movement in the harbor,
be used by small vessels undergoing ex- and to enforce all regulations of this
amination and also by small vessels an- section should the need arise.
choring under permit from the Harbor [CGFR 6746, 32 FR 17728, Dec. 12, 1967, as
Master. amended by USCG20080179, 73 FR 35012,
(3) The requirements of the Navy June 19, 2008]
shall predominate in the deep-draft an-
chorage. When occupied by naval ves- 110.255 Ponce Harbor, P.R.
sels all other vessels and craft shall re- (a) Small-craft anchorage. On the
main clear of the area. When the area northwest of Ponce Municipal Pier and
is not required for naval vessels, the northeast of Cayitos Reef, bounded as
Harbor Master may upon application follows: Beginning at latitude 175827,
made in advance assign other vessels to longitude 663729.5, bearing approxi-
the area. Vessels so assigned and occu- mately 325 true, 2,200 feet from the
pying the area shall move promptly most southwest corner of Ponce Munic-
upon notification by the Harbor Mas- ipal Pier; thence 27330 true, 1,800 feet;
ter. thence 15 true, 900 feet; thence 9330
(4) The harbor regulations for the true, 1,800 feet; thence 195 true, 900
Port of St. Thomas, V.I. of the United feet to the point of beginning.
States and approaches thereto, includ- (b) The regulations. (1) The Common-
ing all waters under its jurisdiction, as wealth Captain of the Port may au-
adopted by the Government of the Vir- thorize use of this anchorage whenever
gin Islands, will apply to the Long Bay he finds such use required in safe-
Anchorage. guarding the maritime or commercial
(5) In addition, the Long Bay Anchor- interests.
age is reserved for all types of small (2) No vessel shall anchor within the
vessels, including sailing and motor area until assigned a berth by the Com-
pleasure craft, and such craft shall an- monwealth Captain of the Port. Appli-
chor in no other area except Anchorage cation for permission to occupy the an-
E, in the northern portion of the har- chorage must be submitted in advance
bor of Charlotte Amalie. by the master or authorized represent-
(6) Floats for marking anchors in ative of the vessel.
place will be allowed in the Long Bay (3) Vessels occupying the anchorage
anchorage; stakes or mooring piles are will at all times keep within the limits
prohibited. of the area, and shall move or shift
(7) Vessels not more than 65 feet in their position promptly upon notifica-
length are not required to exhibit or tion by the Commonwealth Captain of
carry anchor lights within the Long the Port.
Bay anchorage, but must display them (4) The anchorage is reserved for all
if emergency requires anchoring in any types of small craft, including schoo-
other part of the harbor. ners, fishing vessels, yachts and pleas-
(8) No vessel may anchor in any of ure craft.
the St. Thomas Harbor Anchorages (5) Floats for marking anchors in
without a permit from the Harbor Mas- place will be allowed; stakes or moor-
ter. ing piles are prohibited.
524
SUBCHAPTER JBRIDGES
PART 114GENERAL Coast Guard District Commander or

District Commander means an officer of
Sec. the Coast Guard designated as such by
114.01 Purpose. the Commandant to command all Coast
114.05 Definitions. Guard activities within his or her dis-
114.10 General policies on issuance of per- trict. (See part 3 of this chapter for de-
mits and drawbridge operation regula- scriptions of Coast Guard Districts.)
tions.
114.20 Departure from permit plans.
Commandant means Commandant,
114.25 Work constructed without prior au- U.S. Coast Guard, Department of
thority. Homeland Security, Washington, DC
114.30 Revocation. 20593.
114.40 Violations of law. Deputy Commandant for Operations
114.45 Applications, extensions of time. means the officer of the Coast Guard
114.50 Right of appeal.
designated by the Commandant as the
AUTHORITY: 33 U.S.C. 401, 406, 491, 494, 495, staff officer in charge of Operations
499, 502, 511, 513, 514, 516, 517, 519, 521, 522, 523, (DCO), U.S. Coast Guard Headquarters.
525, 528, 530, 533, and 535(c), (e), and (h); 14
District Office or Coast Guard District
U.S.C. 633; 49 U.S.C. 1655(g); Pub. L. 107296,
116 Stat. 2135; 33 CFR 1.051 and 1.0160, De- Office means the Office of the Com-
partment of Homeland Security Delegation mander of a Coast Guard District.
Number 0170.1. Headquarters or Coast Guard Head-
SOURCE: CGFR 6746, 32 FR 17769, Dec. 12,
quarters means the Office of the Com-
1967, unless otherwise noted. mandant, U.S. Coast Guard, Depart-
ment of Homeland Security, Wash-
114.01 Purpose. ington, DC 205937000.
(a) The purpose of the rules and regu- Permit means the license permitting
lations in this subchapter is to imple- construction of bridges and approaches
ment certain laws and set forth the re- thereto in or over navigable waters of
quirements for: the United States, issued under the
(1) Locations and clearances of rules and regulations in this sub-
bridges and causeways over the navi- chapter.
gable waters; Secretary means the Secretary of
(2) Administration of the alteration Homeland Security or any person to
of unreasonably obstructive bridges; whom he or she has delegated his or
and her authority in the matter concerned.
(3) Regulation of drawbridge oper- United States Coast Guard or Coast
ation. Guard means the organization or agen-
(b) The rules and regulations in this cy established by the Act of January
subchapter also describe the procedures 28, 1915, as amended (14 U.S.C. 1).
and practices, including forms and in- [USCG20120306, 77 FR 37313, June 21, 2012]
structions, which are applicable to the
public subject to certain laws gov- 114.10 General policies on issuance
erning bridges and causeways over the of permits and drawbridge oper-
navigable waters of the United States. ation regulations.
[USCG20080179, 73 FR 35012, June 19, 2008] The several bridge laws referenced in
114.01 Purpose, are intended to pre-
114.05 Definitions. vent any interference with navigable
The following definitions apply to waters of the United States whether by
this subchapter: bridges, dams, dikes or other obstruc-
Approved means approved by the tions to navigation except by express
Commandant unless otherwise stated. permission of the United States. The
Bridge means a structure erected decision as to whether a bridge permit
across navigable waters of the United or a drawbridge operation regulation
States, and includes causeways, ap- will be issued or promulgated must rest
proaches, fenders, and other appur- primarily upon the effect of the pro-
tenances thereto. posed action on navigation to assure
525
114.20 33 CFR Ch. I (7112 Edition)
that the action provides for the reason- trict Commander before construction is
able needs of navigation after full con- begun.
sideration of the effect of the proposed (5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491,
action on the human environment. The 499, and 525; 49 U.S.C. 1655(g), and 49 CFR
Coast Guard is not responsible for any 1.46(c) and (q))
other permits that the applicant may [CGD 80099, 46 FR 38354, July 27, 1981]
need from other federal, state, or local
agencies and issuance of a bridge per- 114.30 Revocation.
mit does not affect flood control Permits may be revoked by the
projects or other governmental pro- issuing official for failure on the part
grams. of the permittee to comply with any of
the conditions therein, or where the
[CGD 82006, 47 FR 36640, Aug. 23, 1982, as
amended by USCG20007223, 65 FR 40056, structures or other work constitute an
June 29, 2000] unreasonable obstruction to navigation
or to operations of the United States in
114.20 Departure from permit plans. the interest of navigation or flood con-
trol.
(a) If the final inspection shows a
minor departure from the authorized [CGD 82006, 47 FR 36640, Aug. 23, 1982]
plans which does not materially affect
114.40 Violations of law.
navigation, the permittee will be re-
quired to furnish as-built plans show- The Coast Guard has the authority
ing the work as actually constructed and responsibility for enforcement of
but no further action will be taken by the applicable provisions of law for the
the Coast Guard. protection and preservation of navi-
gable waters. It is the policy of the
(b) It is not the practice of the Coast
Coast Guard to secure compliance with
Guard to issue letters certifying that these provisions of law short of legal
completed work conforms to that proceedings. As a general principle, no
which was authorized. That question is action is taken when the violation is
a matter of fact to be determined in minor, unintentional, or accidental and
case of controversy by the usual rules the party responsible corrects the vio-
of court procedure. lation. It is the policy of the Coast
[CGFR 6746, 32 FR 17769, Dec. 12, 1967, as Guard to implement civil or criminal
amended by USCG20120306, 77 FR 37314, proceedings in all other circumstances.
June 21, 2012] These proceedings are in subpart 1.07 of
Part 1 of this chapter.
114.25 Work constructed without (Secs. 107, 108, Pub. L. 97322, 96 Stat. 1582; (33
prior authority. U.S.C. 495, 499, 502, 525, 533); 49 CFR 1.46(c))
The Commandant or District Com- [CGD 82102, 47 FR 54299, Dec. 2, 1982, as
mander will approve plans and issue amended by USCG20019286, 66 FR 33641,
permits authorizing bridges across nav- June 25, 2001]
igable waters, in cases where the appli-
cation therefor is submitted after the 114.45 Applications, extensions of
time.
commencement or completion of the
bridges subject to the following rules: Extensions of time to commence or
Approval will be limited to those cases complete construction of a bridge or
where the necessary primary author- remove a bridge that has been replaced
ity, State or Federal as the case may as an element of a permitted bridge
be, validly existed, when the work was project must be submitted to, and re-
innocently constructed, and where the ceived by the District Commander at
work will not unreasonably interfere least 30 days before the existing permit
expires to allow the permit to remain
with navigation. Upon issuance of the
in effect until the final agency action
permit, applicant will be informed that
is taken.
the law contemplates prior approval
and that in the future plans must be (33 U.S.C. 401, 491, 525, 535; 49 CFR 1.46(c) (8),
submitted in ample time for their con- (9), (10), (q))
sideration by the Commandant or Dis- [CGD 76144, 42 FR 28882, June 6, 1977]
526
114.50 Right of appeal. application is processed by the Coast

Guard.
A District Commanders decision to
deny a bridge permit application or an [CGD 82006, 47 FR 36641, Aug. 23, 1982, as
application for drawbridge operation amended by USCG20120306, 77 FR 37314,
regulations may be appealed to the June 21, 2012]
Commandant, U.S. Coast Guard. The
115.05 Necessary primary authority.
appeal must be submitted in writing to
the Administrator, Office of Bridge For bridges constructed by State or
Programs, (CGBRG), 2100 2nd St., SW., municipal agencies, the primary au-
Stop 7683, Washington, DC 205937683, thority will be presumed without proof.
within 60 days of the District Com- If the law of the State requires a li-
manders decision. The Commandant cense for or approval of the bridge from
will take action on the appeal within 90 a constituted State agency, a copy of
days of its receipt. such license or approval will be re-
quired and may be accepted as evidence
(5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491,
of the primary authority. If there is no
499, and 525; 49 U.S.C. 1655(g), and 49 CFR
1.46(c) and (q))
State regulation of bridges in navi-
gable waters, the necessary primary
[CGD 80099, 46 FR 38354, July 27, 1981, as authority may be that granted in the
amended by CGD 88052, 53 FR 25120, July 1, charter of a corporation, or the author-
1988; CGD 96026, 61 FR 33663, June 28, 1996;
CGD 97023, 62 FR 33363, June 19, 1997; USCG
ity inherent in the ownership of the
20080179, 73 FR 35012, June 19, 2008; USCG land on which the structure is placed.
20100351, 75 FR 36283, June 25, 2010; USCG The applicant will in such cases be re-
20100351, 75 FR 49410, Aug. 13, 2010; USCG quired to furnish an extract from the
20120306, 77 FR 37314, June 21, 2012] charter, or a statement of ownership.
Special care will be taken that Federal
PART 115BRIDGE LOCATIONS approval is not granted when there is
AND CLEARANCES; ADMINISTRA- doubt of the right of the applicant to
construct and utilize the bridge.
TIVE PROCEDURES
[CGFR 6746, 32 FR 17771, Dec. 12, 1967, as
Sec. amended by USCG20110257, 76 FR 31836,
115.01 Purpose. June 2, 2011: USCG20120306, 77 FR 37314,
115.05 Necessary primary authority. June 21, 2012]
115.10 Limiting date in permits.
115.15 Permit bonds. 115.10 Limiting date in permits.
115.20 Transfer of permits. (a) Specific time limitations are in-
115.30 Sufficiency of State authority for serted in all permits for the commence-
bridges. ment of construction and completion
115.40 Bridge repairs.
thereof. Normally three years for start
115.50 Applications for bridge permits.
115.60 Procedures for handling applications
of construction and two additional
for bridge construction permits. years for completion may be allowed.
115.70 Advance approval of bridges. (b) Specific time limitations are in-
serted in all permits for the removal of
AUTHORITY: c. 425, sec. 9, 30 Stat. 1151 (33
bridges being replaced in whole or in
U.S.C. 401); c. 1130, sec. 1, 34 Stat. 84 (33
U.S.C. 491); sec. 5, 28 Stat. 362, as amended (33 part by the newly permitted bridges
U.S.C. 499); sec. 11, 54 Stat. 501, as amended where removal thereof is required as a
(33 U.S.C. 521); c. 753, Title V, sec. 502, 60 condition of the permit. Normally 90
Stat. 847, as amended (33 U.S.C. 525); 86 Stat. days for removal after completion of
732 (33 U.S.C. 535); 14 U.S.C. 633. the new bridge or opening to land
SOURCE: CGFR 6746, 32 FR 17771, Dec. 12, transportation, whichever occurs first,
1967, unless otherwise noted. may be allowed.
[CGD 75046, 40 FR 24898, June 11, 1975, as
115.01 Purpose. amended by CGD 80099, 46 FR 38354, July 27,
This part states the requirements for 1981]
applying for a permit to construct or
modify bridges crossing the navigable 115.15 Permit bonds.
waters of the United States. It also When compensatory works or the re-
sets forth the procedures by which the moval of temporary structures should
527
115.20 33 CFR Ch. I (7112 Edition)
be required of the permittee, or in papers to establish the identity of the

other unusual cases when there is rea- applicant.
son to anticipate that the permittee (b) Prior authority necessary. Except
may fail to carry out parts of the work as provided under paragraph (c) of this
that are against his interest, an addi- section, a bridge cannot lawfully be
tional condition will be included in the constructed across any navigable wa-
permit requiring the permittee to fur- terway of the United States until the
nish a bond insuring compliance with location and plans have been approved
the permit requirements. by the Coast Guard.
(c) Prior authority not necessary. Coast
115.20 Transfer of permits. Guard approval of the location and
Permits express merely the assent of plans for construction or modification
the Federal Government so far as con- of a bridge or causeway is not required
cerns the public rights of navigation. for any bridge or causeway over waters
Although issued to a specific party, the which are not subject to the ebb and
assent is not limited to execution of flow of the tide and which are not used
the work by that party and may be and are not susceptible to use in their
availed of by the assignees or pur- natural condition or by reasonable im-
chasers of the property affected, pro- provement as a means to transport
vided the terms of the instrument are interstate or foreign commerce, wheth-
strictly complied with. er or not such waters were used or were
susceptible to use, at some previous
115.30 Sufficiency of State authority time, to transport commerce (historic
for bridges.
use). This provision does not apply to
An opinion of the attorney general of bridges which connect the United
the State as to the sufficiency of State States with any foreign country.
authority for the construction of a (d) Signature. In case of signature by
bridge is acceptable to the Coast Guard an agent or by an official of a corpora-
in doubtful cases. tion, a duly authenticated copy of the
authority for the action must accom-
115.40 Bridge repairs.
pany the application.
Repairs to a bridge which do not (e) Identification. If the applicant is a
alter the clearances, type of structure, corporation, it must furnish certified
or any integral part of the sub- copies of the following papers, all prop-
structure or superstructure or naviga- erly authenticated: The charter or arti-
tion conditions, but which consist only cles of incorporation; the minutes of
in the replacement of worn or obsolete organization; extract from minutes
parts, may, if the bridge is a legally ap- showing the names of the present offi-
proved structure, be made as routine cers of the corporation.
maintenance without a formal permit (1) Where State laws vest in State or
action from the U.S. Coast Guard. county officers, such as boards of su-
[CGFR 6746, 32 FR 17771, Dec. 12, 1967, as pervisors and county courts, the power
amended by USCG20120306, 77 FR 37314, to authorize the construction of
June 21, 2012] bridges, they must furnish with their
application certified extracts from
115.50 Application for bridge per- their proceedings showing their action
mits. authorizing the proposed structure.
(a) Application. An application for au- (f) Plans. One reproducible set of
thorization to construct a bridge plans must be submitted with the ap-
across navigable waters of the United plication, on which the location of the
States must include the name, address, work and the essential features covered
and telephone number of the applicant; by the application will be identified.
the waterway and location of the Each drawing must have a title block
bridge; a citation to the applicable act located in the lower right-hand corner
of Congress; when appropriate, a cita- identifying the applicant/agent and
tion to the State legislation author- bridge owner; the waterway; the
izing the bridge; a map of the location milepoint on the waterway of the
and plans of the bridge showing the bridge location; the city, county, and
features which affect navigation; and state of the bridge location; the name
528
of the bridge; the date of the plans; the having jurisdiction over the area in
sheet number; and the total number of which the bridge site is located.
sheets in the set.
[CGFR 6746, 32 FR 17771, Dec. 12, 1967, as
(g) Size of sheets. The drawings will be amended by CGD 75046, 40 FR 24898, June 11,
on letter size sheets. As few sheets will 1975; CGD 80099, 46 FR 38354, July 27, 1981;
be used as necessary to show clearly CGD 82102, 48 FR 54299, Dec. 2, 1982; USCG
what is proposed. 20110257, 76 FR 31836, June 2, 2011: USCG
(h) Special instructions. (1) Vertical 20120306, 77 FR 37314, June 21, 2012]
and horizontal distances will be shown
115.60 Procedures for handling appli-
using bar scales. The north and south cations for bridge construction per-
line will be indicated by a meridian mits.
arrow. Soundings and elevations will
be shown in feet and refer to the estab- The following procedures will be ob-
lished Government datum plane at the served in the handling of applications
for permits to construct, modify, or re-
locality.
place bridges over navigable waters.
(2) The direction of currents will be
(a) District Commanders review of ap-
indicated by an arrow, and the strength
plication and plans. When an applica-
of currents, both ebb and flow, or low
tion is received, the District Com-
water and high water, will be shown
mander verifies the authority for con-
close to the proposed location of the
struction of the bridge, reviews the ap-
bridge, and at both ends of the water-
plication and plans for sufficiency, as-
way shown on the map of location. certains the views of local authorities
(3) The plans will show in figures the and other interested parties, and en-
least clear height of the lowest part of sures that the application complies
the superstructure over navigation with relevant environmental laws, reg-
openings, with reference to the planes ulations, and orders. If the application
of mean high water and mean low contains any defects that would pre-
water if the bridge is to cross tidal vent issuance of a permit (as for exam-
water. If the waters are nontidal, the ple, if the proposed bridge provided in-
least clear height will be shown with sufficient clearance), the applicant is
reference to the planes of extreme high notified that the permit cannot be
water and mean low water. If records of granted and given reasons for this de-
river heights are available, the plane termination. The applicant may then
above which flood waters have not re- request that the application be consid-
mained more than 2 percent of the time ered by the Commandant. If the appli-
will be indicated. Reference will also be cant makes such a request, or if the ap-
made to other datum planes if appro- plication is not found defective, the
priate for the waterway in question. District Commander notifies the public
(4) If harbor lines have been estab- that it has been received and continues
lished at the site of the bridge, their its processing. A copy of this notifica-
position will be shown on the plans. tion will be sent to the state, inter-
(i) Structural details. Only those state agency or the Environmental
should be shown which are needed to il- Protection Agency (EPA) responsible
lustrate the effect of the proposed for acting on requests for water quality
structure on navigation. If the bridge certification for the project. If the
is to be equipped with a draw, the lat- state, interstate agency, or the EPA
ter will be shown in two positions: fails to issue or deny the water quality
certification within 30 days after re-
Closed and open. In those cases, the
ceiving the copy of this notification,
vertical and horizontal clearances shall
the requirements for a water quality
be indicated in both the closed and
certification are waived. If the appro-
open positions.
priate agency notifies the District
(j) To whom application should be pre- Commander that the applicant has not
sented. The application and the papers filed a request for water quality certifi-
and plans accompanying it should be cation, or requests additional time to
submitted to the District Commander review an application, additional time
will be granted.
529
115.70 33 CFR Ch. I (7112 Edition)
(b) Public meeting. (1) Public meetings to which the permit should be subject
will be held when there are substantial will be stated.
issues concerning the effect that the (d) Action on permit application. (1)
proposed bridge will have on the rea- The District Commander may issue the
sonable needs of navigation. permit if authorized under 1.0160(b)
(2) Notice of the public meeting will of this chapter; otherwise, a report
be published in the FEDERAL REGISTER. with the application shall be submitted
Notice of the meeting is also mailed to to the Commandant for final action.
State, county, and municipal authori- (2) When an application is approved,
ties and all other known interested the issuing official signs the permit
parties. It is also posted at the post of- and transmits it to the applicant.
fice nearest the site and public places (3) When an application is not ap-
in the vicinity. proved, the applicant is notified and
(3) Meetings are public and conducted provided with reasons for the dis-
in an informal manner. A designated approval and suggestions for modifica-
Coast Guard official presides. The sub- tions that would justify reconsider-
mission of written statements is ination, if appropriate.
vited and encouraged. Anyone desiring (4) If an application is disapproved by
to do so may speak. Statements, writ- the District Commander, the applicant
ten or oral, are not under oath, and may appeal this decision to the Com-
cross-examination is not permitted. No mandant under 114.50 of this chapter.
fixed order has been established for the The Commandants determination
presentation of evidence or argument shall constitute final agency action.
although proponents are generally (e) Permit amendments. Applications
heard first, followed by opponents with for amendments to permits will be
full opportunity afforded for rebuttals. processed in the same manner as per-
mit applications. The District Com-
(c) Report and recommendations. After
mander may approve amendments to
the close of the comment period and
any permits which that official is au-
any public meeting, a detailed state-
thorized to issue under 1.0160(b) of
ment of findings, conclusions, and rec-
this chapter. All other amendments
ommendations based on all available must be approved by the Commandant.
information (including Coast Guard
records and experience) is prepared. (5 U.S.C. 559; 14 U.S.C. 633; 33 U.S.C. 401, 491,
The following factors may be discussed 499, and 525; 49 U.S.C. 1655(g), and 49 CFR
in this report: 1.46(c) and (q))
(1) Comparison of proposed bridge [CGD 80099, 46 FR 38354, July 27, 1981; 46 FR
with existing bridges over the water- 42268, Aug. 20, 1981, as amended by CGD 82
way; attitude of local authorities; sum- 006, 47 FR 36641, Aug. 23, 1982; CGD 82074, 47
FR 51865, Nov. 18, 1982; USCG20080179, 73 FR
mary of objections raised by the public, 35012, June 19, 2008; USCG20100351, 75 FR
and District Commanders comments 49410, Aug. 13, 2010: USCG20120306, 77 FR
or responses; probable effect on naviga- 37314, June 21, 2012]
tion, present and prospective.
(2) Description of the navigation on 115.70 Advance approval of bridges.
the waterway past the site of the pro- (a) The General Bridge Act of 1946 re-
posed bridge, the number and type of quires the approval of the location and
vessels, the number of vessel trips, and plans of bridges prior to start of con-
the principal method of handling traf- struction (33 U.S.C. 525). The Com-
fic, whether in single vessels or in mandant has given his advance ap-
tows. proval to the location and plans of
(3) Whether the District Commander bridges to be constructed across
approves, or recommends approval of reaches of waterways navigable in law,
the plans. If they are found objection- but not actually navigated other than
able, the reasons for this finding will by logs, log rafts, rowboats, canoes and
be stated. If there are objectionable small motorboats. In such cases the
features in the plans which may be cor- clearances provided for high water
rected, the applicant is given an oppor- stages will be considered adequate to
tunity to revise them. If approval is meet the reasonable needs of naviga-
given or recommended, all conditions tion.
530
(b) The term small motorboats man-Hobbs Act of 1940, as amended, 33

shall be interpreted in the light of the U.S.C. 511524.
things and conditions with which it is (c) A bridge constructed across a nav-
associated. The term means rowboats, igable water of the United States shall
canoes and other similar craft with not unreasonably obstruct the free
outboard motors. It does not include navigation of the water over which it
sailing or cabin cruiser craft. was constructed, either due to insuffi-
cient height or width of the navigation
(14 U.S.C. 633; 33 U.S.C. 401, 491, and 525; 49
U.S.C. 1655(g); and 49 CFR 1.46(c)) span, or because of difficulty in passing
through the draw opening. If any
[CGFR 6746, 32 FR 17771, Dec. 12, 1967, as bridge unreasonably obstructs naviga-
amended by CGD 81076, 46 FR 54936, Nov. 5, tion, the Commandant, U.S. Coast
1981; USCG19983799, 63 FR 35527, June 30,
1998]
Guard, will order the alteration of that
bridge. Alterations may include struc-
tural changes, replacement, or removal
PART 116ALTERATION OF UNREA- of the bridge.
SONABLY OBSTRUCTIVE BRIDGES (d) Whenever the Coast Guard has
good reason to believe that a bridge
Sec. across any of the navigable waters of
116.01 General. the United States is an unreasonable
116.05 Complaints. obstruction to navigation, the Coast
116.10 Preliminary review.
Guard will give notice to the owner of
116.15 Preliminary investigation.
116.20 Detailed investigation. the bridge and other interested parties,
116.25 Public meetings. and hold a public meeting at which the
116.30 Administrator, Office of Bridge Pro- interested parties will have a full op-
grams Review and Evaluation. portunity to be heard and to provide
116.35 Order to Alter. information on the question of whether
116.40 Plans and specifications under the alterations to the bridge are necessary
Truman-Hobbs Act. and, if so, the extent of alterations
116.45 Submission of bids, approval of needed.
award, guaranty of cost, and partial pay-
(e) If the Coast Guard determines
ments for bridges eligible for funding
under the Truman-Hobbs Act. that alterations to a bridge are nec-
116.50 Apportionment of costs under the essary, the Commandant, U.S. Coast
Truman-Hobbs Act. Guard, will issue to the bridge owner
116.55 Appeals. an Order to Alter containing details of
the alterations necessary to render
AUTHORITY: 33 U.S.C. 401, 521.
navigation through or under the bridge
EDITORIAL NOTE: Nomenclature changes to reasonably free, easy, and unob-
part 116 appear at 73 FR 35012, June 19, 2008 structed.
and 75 FR 49410, Aug. 13, 2010.
(1) In the case of a railroad or pub-
SOURCE: CGD 91063, 60 FR 20902, Apr. 28, licly owned highway bridge, an Order
1995, unless otherwise noted. to Alter is issued to the bridge owner
under the provisions of the Truman-
116.01 General. Hobbs Act (33 U.S.C. 511 et seq.). In or-
(a) All bridges are obstructions to dering these alterations, the Coast
navigation and are tolerated only as Guard will give due regard to the ne-
long as they serve the needs of land cessities of free and unobstructed navi-
transportation while allowing for the gation and of rail and highway traffic.
reasonable needs of navigation. For alterations to bridges governed by
(b) This part describes the general the Truman-Hobbs Act, the Coast
procedures by which the U.S. Coast Guard must approve general plans,
Guard determines a bridge to be an un- specifications, and contracts for the al-
reasonable obstruction to navigation teration project, as well as approving
and issues an Order to Alter under the the apportionment of the total cost of
authority of the following statutes, as the alterations between the United
appropriate: Section 18 of the Rivers States and the bridge owner.
and Harbors Appropriations Act of 1899, (2) For all other bridges, the Order to
33 U.S.C. 502; Section 4 of the Bridge Alter will contain the required alter-
Act of 1906, 33 U.S.C. 494; or the Tru- ations for the bridge and will prescribe
531
116.05 33 CFR Ch. I (7112 Edition)
a reasonable time in which to accom- tigation, unless additional information

plish the required alterations. The warrants a continuance or reopening of
bridge owner is responsible for the en- the case.
tire cost of the required alterations.
[CGD 91063, 60 FR 20902, Apr. 28, 1995, as
[CGD 91063, 60 FR 20902, Apr. 28, 1995, as amended by CGD 96026, 61 FR 33663, June 28,
amended by USCG20100351, 75 FR 49410, 1996]
Aug. 13, 2010]
116.15 Preliminary investigation.
116.05 Complaints.
Any person, company, or other entity (a) During the Preliminary Investiga-
may submit to the District Commander tion, the District Commander will pre-
of the Coast Guard district in which a pare a written report containing all
bridge over a navigable water of the pertinent information and submit the
United States is located, a complaint report, together with a recommenda-
that a bridge unreasonably obstructs tion for or against the necessity of a
navigation. The complaint must be in Detailed Investigation, to the Adminis-
writing and include specific details to trator, Office of Bridge Programs.
support the allegation. (b) The Preliminary Investigation
Report will include a description of the
116.10 Preliminary review. nature and extent of the obstruction,
(a) Upon receipt of a written com- the alterations to the bridge believed
plaint, the District Commander will re- necessary to meet the reasonable needs
view the complaint to determine if, in of existing and future navigation, the
the District Commanders opinion, the type and volume of waterway traffic,
complaint is justified and whether a and a calculation of the benefits to
Preliminary Investigation is war- navigation which would result from the
ranted. proposed bridge alterations.
(1) The District Commanders opinion
(c) The Administrator, Office of
as to whether or not the complaint
warrants a Preliminary Investigation Bridge Programs will review the Pre-
will be formed through informal dis- liminary Investigation Report and
cussions with the complainant, users of make a Preliminary Decision whether
the affected waterway, the owner of or not to undertake a Detailed Inves-
the bridge, and other interested par- tigation and a Public Meeting.
ties. (d) If after reviewing the Preliminary
(2) In forming an opinion, the Dis- Investigation Report, the Adminis-
trict Commander may also review the trator, Office of Bridge Programs de-
district files, records of accidents, and cides that further investigation is not
details of any additional written com- warranted, the complainant will be no-
plaints associated with the bridge in tified of the decision. This notification
question. will include a brief summary of infor-
(b) In the absence of any written mation on which the decision was
complaint, the District Commander based and details of the appeal process
may decide, based on a bridges acci- described in 116.55.
dent history or other criteria, to con-
duct a Preliminary Investigation. [CGD 91063, 60 FR 20902, Apr. 28, 1995, as
(c) The District Commander will in- amended by CGD 96026, 61 FR 33663, June 28,
1996; USCG20120306, 77 FR 37314, June 21,
form the complainant and the Adminis-
2012]
trator, Office of Bridge Programs of the
determination of any Preliminary Re- 116.20 Detailed investigation.
view. If the District Commander de-
cides that the bridge in question is not (a) When the Administrator, Office of
an unreasonable obstruction to naviga- Bridge Programs determines that a De-
tion, the complainant will be provided tailed Investigation should be con-
with a brief summary of the informa- ducted, the District Commander will
tion on which the District Commander initiate an investigation that addresses
based the decision and will be informed all of the pertinent data regarding the
of the appeal process described in bridge, including information obtained
116.55. There will be no further inves- at a public meeting held under 116.25.
532
As part of the investigation, the Dis- will be available for purchase from the
trict Commander will develop a com- recording service.
prehensive report, termed the De- [CGD 91063, 60 FR 20902, Apr. 28, 1995, as
tailed Investigation Report, which amended by CGD 96026, 61 FR 33664, June 28,
will discuss: the obstructive character 1996]
of the bridge in question; the impact of
that bridge upon navigation; naviga- 116.30 Administrator, Office of
Bridge Programs Review and Eval-
tional benefits derived; whether an al- uation.
teration is needed to meet the needs of
navigation; and, if alteration is rec- (a) Upon receiving a Detailed Inves-
ommended, what type. tigation Report from a District Com-
mander, the Administrator, Office of
(b) The District Commander will for-
Bridge Programs will review all the in-
ward the completed Detailed Investiga-
formation and make a final determina-
tion Report to the Administrator, Of- tion of whether or not the bridge is an
fice of Bridge Programs for review to- unreasonable obstruction to navigation
gether with a recommendation of and, if so, whether to issue an Order to
whether the bridge should be declared Alter. This determination will be ac-
an unreasonable obstruction to naviga- companied by a supporting written De-
tion and, if so, whether an Order to cision Analysis which will include a
Alter should be issued. Benefit/Cost Analysis, including cal-
[CGD 91063, 60 FR 20902, Apr. 28, 1995, as culation of a Benefit/Cost Ratio.
amended by CGD 96026, 61 FR 33663, June 28, (b) The Benefit/Cost ratio is cal-
1996] culated by dividing the annualized
navigation benefit of the proposed
116.25 Public meetings. bridge alteration by the annualized
government share of the cost of the al-
(a) Any time the Administrator, Of-
teration.
fice of Bridge Programs determines (c) Except for a bridge which is statu-
that a Detailed Investigation is war- torily determined to be an unreason-
ranted, or when Congress declares a able obstruction, an Order to Alter will
bridge unreasonably obstructive, the not be issued under the Truman-Hobbs
District Commander will hold a public Act unless the ratio is at least 1:1.
meeting near the location of the bridge (d) If a bridge is statutorily deter-
to provide the bridge owner, waterway mined to unreasonably obstruct navi-
users, and other interested parties the gation, the Administrator, Office of
opportunity to offer evidence and be Bridge Programs will prepare a Deci-
heard, orally or in writing, as to sion Analysis to document and provide
whether any alterations are necessary details of the required vertical and hor-
to provide reasonably free, safe, and izontal clearances and the reasons al-
unobstructed passage for waterborne terations are necessary.
traffic. The District Commander will (e) If the Administrator, Office of
issue a public notice announcing the Bridge Programs decides to recommend
public meeting stating the time, date, that the Commandant issue an Order
and place of the meeting. to Alter, or a bridge is statutorily de-
(b) When a bridge is statutorily determined to unreasonably obstruct
navigation, the Administrator, Office
termined to be an unreasonable ob-
of Bridge Programs will issue a letter
struction, the scope of the meeting will
to the bridge owner (The 60-Day Let-
be to determine what navigation clear-
ter) at least 60 days before the Com-
ances are needed. mandant issues an Order to Alter. This
(c) In all other cases, the scope of the letter will contain the reasons an alter-
meeting will be to address issues bear- ation is necessary, the proposed alter-
ing on the question of whether the ation, and, in the case of a Truman-
bridge is an unreasonable obstruction Hobbs bridge, an estimate of the total
to navigation and, if so, what alter- project cost and the bridge owners
ations are needed. share.
(d) The meeting will be recorded. (f) If the bridge owner does not agree
Copies of the public meeting transcript with the terms proposed in the 60-Day
533
116.35 33 CFR Ch. I (7112 Edition)
Letter, the owner may request a re- fiting from the alteration as a pre-
evaluation of the terms. The request requisite to the making of an Order to
for a reevaluation must be in writing, Alter for that alteration.
and identify the terms for which re- (d) Failure to comply with any Order
evaluation is requested. The request to Alter issued under the provisions of
may provide additional information this part will subject the owner or con-
not previously presented. troller of the bridge to the penalties
(g) Upon receipt of the bridge owners prescribed in 33 U.S.C. 495, 502, 519, or
response, the Administrator, Office of
any other applicable provision.
Bridge Programs will reevaluate the
situation based on the additional infor- [CGD 91063, 60 FR 20902, Apr. 28, 1995, as
mation submitted by the bridge owner. amended by CGD 96026, 61 FR 33664, June 28,
If after the Administrator, Office of 1996]
Bridge Programs reviews the deter-
mination, there is no change, the Com- 116.40 Plans and specifications under
mandant may issue an Order to Alter the Truman-Hobbs Act.
as set out in 116.35. The Adminis- (a) After an Order to Alter has been
trator, Office of Bridge Programs de- issued to a bridge owner under the Tru-
termination based on the reevaluation man-Hobbs Act, the Administrator, Of-
will constitute final agency action. fice of Bridge Programs will issue a let-
[CGD 91063, 60 FR 20902, Apr. 28, 1995, as ter to the bridge owner outlining the
amended by CGD 96026, 61 FR 33664, June 28, owners responsibilities to submit
1996] plans and specifications to the Admin-
116.35 Order to Alter. istrator, Office of Bridge Programs for
the alteration of the bridge. The plans
(a) If the bridge owner agrees with and specifications, at a minimum,
the contents of the 60-Day Letter, if no must provide for the clearances identi-
reply is received by 60 days after the fied in the Order to Alter. The plans
issuance of the letter, or if after re-
and specifications may also include
evaluation a bridge is determined to be
any other additional alteration to the
an unreasonable obstruction to naviga-
tion, the Commandant will issue an bridge that the owner considers desir-
Order to Alter. able to meet the requirements of rail-
(1) If a bridge is eligible for funding road or highway traffic. During the al-
under the Truman-Hobbs Act, the teration process, balanced consider-
Order to Alter will specify the naviga- ation shall be given to the needs of
tional clearances to be accomplished in rail, highway, and marine traffic.
order to meet the reasonable needs of (b) The Administrator, Office of
navigation. Bridge Programs will approve or reject
(2) An Order to Alter for a bridge that the plans and specifications submitted
is not eligible for Truman-Hobbs fund- by the bridge owner, in whole or in
ing will specify the navigational clear- part, and may require the submission
ances that are required to meet the of new or additional plans and speci-
reasonable needs of navigation and will fications.
prescribe a reasonable time in which to (c) When Administrator, Office of
accomplish them. Bridge Programs has approved the sub-
(b) If appropriate, the Order to Alter mitted plans and specifications, they
will be accompanied by a letter of spe- are final and binding upon all parties,
cial conditions setting forth safeguards
unless later changes are approved by
needed to protect the environment or
the Administrator, Office of Bridge
to provide for any special needs of
navigation. Programs. Any changes to the ap-
(c) If a proposed alteration to a proved plans will be coordinated with
bridge has desirable, non-navigational the District Commander.
benefits, the Administrator, Office of [CGD 91063, 60 FR 20902, Apr. 28, 1995, as
Bridge Programs may require an equi- amended by CGD 96026, 61 FR 33664, June 28,
table contribution from any interested 1996]
person, firm, association, corporation,
municipality, county, or state bene-
534
116.45 Submission of bids, approval United States and the bridge owner are
of award, guaranty of cost, and par- developed in substantially the fol-
tial payments for bridges eligible lowing form:
for funding under the Truman-
Hobbs Act. Total cost of project llll $llll
Less salvage llll $llll
(a) Once the plans and specifications Less contribution by third party llll
for a bridge eligible for funding under $llll
the Truman-Hobbs Act have been ap- Cost of alteration to be apportioned llll
proved, the bridge owner must take $llll
bids for the alteration of the bridge Share to be borne by the bridge owner:
Direct and Special Benefits:
consistent with the approved plans and a. Removing old bridge llll $llll
specifications. Those bids must then be b. Fixed charges llll $llll
submitted to the Administrator, Office c. Betterments llll $llll
of Bridge Programs for approval. Expected savings in repair or maintenance
(b) After the bridge owner submits costs:
the guaranty of cost required by 33 a. Repair llll $llll
U.S.C. 515, the Administrator, Bridge b. Maintenance llll $llll
Costs attributable to requirements of rail-
Administration Program authorizes road and/or highway traffic llll
the owner to award the contract. $llll
(c) Partial payments of the govern- Expenditure for increased carrying capacity
ments costs are authorized as the llll $llll
work progresses to the extent that Expired service life of old bridge llll
funds have been appropriated. $llll
Subtotal llll $llll
[CGD 91063, 60 FR 20902, Apr. 28, 1995, as Share to be borne by the bridge owner
amended by CGD 96026, 61 FR 33664, June 28, llll $llll
1996] Contingencies llll $llll
Total llll $llll
116.50 Apportionment of costs under Share to be borne by the United States
the Truman-Hobbs Act. llll $llll
(a) In determining the apportionment Contingencies llll $llll
Total llll $llll
of costs, the bridge owner must bear
such part of the cost attributable to (d) The Order of Apportionment of
the direct and special benefits which Costs will include the guaranty of
will accrue to the bridge owner as a re- costs.
sult of alteration to the bridge, includ-
ing expected savings in repairs and 116.55 Appeals.
maintenance, expected increased car- (a) Except for the decision to issue an
rying capacity, costs attributable to Order to Alter, if a complainant dis-
the requirements of highway and rail- agrees with a recommendation regard-
road traffic, and actual capital costs of ing obstruction or eligibility made by a
the used service life. The United States District Commander, or the Adminis-
will bear the balance of the costs, in- trator, Office of Bridge Programs, the
cluding that part attributable to the complainant may appeal that decision
necessities of navigation. to the Deputy Commandant for Oper-
(b) Direct and special benefits or- ations.
dinarily will include items desired by (b) The appeal must be submitted in
the owner but which have no counter- writing to the Deputy Commandant of
part or are of higher quality than simi- Operations, U.S. Coast Guard,(CG
lar items in the bridge prior to alter- DCO), 2100 2nd St., SW., Stop 7355,
ation. Examples include improved sig- Washington, DC 205937355, within 60
nal and fender systems, pro rata share days after the District Commanders or
of dismantling costs, and improve- the Administrator, Office of Bridge
ments included, but not required, in Programs decision. The Deputy Com-
the interests of navigation. mandant for Operations will make a
(c) During the development of the decision on the appeal within 90 days
Apportionment of Costs, the bridge after receipt of the appeal. The Deputy
owner will be provided with an oppor- Commandant of Operations decision of
tunity to be heard. Proportionate this appeal shall constitute final agen-
shares of cost to be borne by the cy action.
535
(c) Any Order of Apportionment 117.47 Clearance gages.

made or issued under section 6 of the 117.49 Process of violations.
Truman-Hobbs Act, 33 U.S.C. 516, may
Subpart BSpecific Requirements
be reviewed by the Court of Appeals for
any judicial circuit in which the bridge 117.51 General
in question is wholly or partly located, 117.55 Posting of requirements.
if a petition for review is filed within 90 117.59 Special requirements due to hazards.
days after the date of issuance of the ALABAMA
order. The review is described in sec-
tion 10 of the Truman-Hobbs Act, 33 117.101 Alabama River.
117.103 Bayou La Batre.
U.S.C. 520. The review proceedings do
117.105 Bayou Sara.
not operate as a stay of any order 117.107 Chattahoochee River.
issued under the Truman-Hobbs Act, 117.109 Coosa River.
other than an order of apportionment, 117.113 Tensaw River.
nor relieve any bridge owner of any li- 117.115 Three Mile Creek.
ability or penalty under other provi-
ARKANSAS
sions of that act.
117.121 Arkansas River.
[CGD 91063, 60 FR 20902, Apr. 28, 1995, as 117.123 Arkansas Waterway-Automated
amended by CGD 96026, 61 FR 33663, June 28, Railroad Bridges.
1996; CGD 97023, 62 FR 33363, June 19, 1997; 117.125 Black River.
USCG20080179, 73 FR 35013, June 19, 2008; 117.127 Current River.
USCG20100351, 75 FR 36283, June 25, 2010] 117.129 Little Red River.
117.131 Little River.
PART 117DRAWBRIDGE 117.133 Ouachita River.
OPERATION REGULATIONS 117.135 Red River.
117.137 St. Francis River.
117.139 White River.
Subpart AGeneral Requirements
CALIFORNIA
Sec.
117.1 Purpose. 117.140 General.
117.4 Definitions. 117.141 American River.
117.5 When the drawbridge must open. 117.143 Bishop Cut.
117.7 General requirements of drawbridge 117.147 Cerritos Channel.
owners. 117.149 China Basin, Mission Creek.
117.8 Permanent changes to drawbridge op- 117.150 Connection Slough.
eration. 117.151 Cordelia Slough (A tributary of
117.9 Delaying opening of a draw. Suisun Bay).
117.11 Unnecessary opening of the draw. 117.153 Corte Madera Creek.
117.15 Signals. 117.155 Eureka Slough.
117.17 Signalling for contiguous draw- 117.157 Georgiana Slough.
bridges. 117.159 Grant Line Canal.
117.19 Signalling when two or more vessels 117.161 Honker Cut.
are approaching a drawbridge. 117.163 Islais Creek (Channel).
117.21 Signalling for an opened drawbridge. 117.165 Lindsey Slough.
117.23 Installation of radiotelephones. 117.167 Little Potato Slough.
117.24 Radiotelephone installation identi- 117.169 Mare Island Strait and the Napa
fication. River.
117.31 Drawbridge operations for emergency 117.171 Middle River.
vehicles and emergency vessels. 117.173 Miner Slough.
117.33 Closure of draw for natural disasters 117.175 Mokelumne River.
or civil disorders. 117.177 Mud Slough.
117.35 Temporary change to a drawbridge 117.179 Newark Slough.
operating schedule. 117.181 Oakland Inner Harbor Tidal Canal.
117.36 Closure of drawbridge for emergency 117.183 Old River.
repair. 117.185 Pacheco Creek.
117.39 Authorized closure of drawbridge due 117.187 Petaluma River.
to infrequent requests for openings. 117.189 Sacramento River.
117.40 Advance notice for drawbridge open- 117.191 San Joaquin River.
ing. 117.193 San Leandro Bay.
117.41 Maintaining drawbridges in the fully 117.195 Snodgrass Slough.
open position. 117.197 Sonoma Creek.
117.42 Remotely operated and automated 117.199 Steamboat Slough.
drawbridges. 117.201 Sutter Slough.
536
CONNECTICUT 117.329 St. Marys River.
117.331 Snake Creek.
117.202 Cold Spring Brook.
117.333 Suwannee River.
117.205 Connecticut River.
117.335 Taylor Creek.
117.207 Housatonic River.
117.337 Trout River.
117.209 Mianus River.
117.211 Mystic River. 117.341 Whitcomb Bayou.
117.213 New Haven Harbor, Quinnipiac and GEORGIA
Mill Rivers.
117.215 Niantic River. 117.351 Altamaha River.
117.217 Norwalk River. 117.353 Atlantic Intracoastal Waterway, Sa-
117.219 Pequonnock River. vannah River to St. Marys River.
117.221 Saugatuck River. 117.359 Chattahoochee River.
117.223 Shaw Cove. 117.361 Flint River.
117.224 Thames River. 117.363 Ocmulgee River.
117.225 Yellow Mill Channel. 117.365 Oconee River.
117.367 Ogeechee River.
DELAWARE 117.369 Satilla River.
117.231 Brandywine Creek. 117.371 Savannah River.
117.233 Broad Creek. 117.373 St. Marys River.
117.234 Cedar Creek. IDAHO
117.235 Chesapeake and Delaware Canal.
117.237 Christina River. 117.381 Clearwater River.
117.239 Lewes and Rehoboth Canal. 117.383 Pend Oreille River.
117.241 Mispillion River. 117.385 Snake River.
117.243 Nanticoke River.
117.245 Smyrna River. ILLINOIS
117.389 Calumet River.
DISTRICT OF COLUMBIA 117.391 Chicago River.
117.253 Anacostia River. 117.393 Illinois Waterway.
117.255 Potomac River. 117.397 Wabash River.
FLORIDA INDIANA
117.258 Apalachicola River. 117.401 Trail Creek.
117.261 Atlantic Intracoastal Waterway 117.403 Wabash River.
from St. Marys River to Key Largo.
117.263 Banana River. IOWA
117.267 Big Carlos Pass. 117.407 Missouri River.
117.268 Billys Creek.
117.269 Biscayne Bay. KANSAS
117.271 Blackwater River. 117.411 Missouri River.
117.272 Boot Key Harbor.
117.273 Canaveral Barge Canal. KENTUCKY
117.279 Coffeepot Bayou.
117.283 Dunns Creek. 117.415 Green River.
117.285 Grand Canal. 117.417 Ohio River.
117.287 Gulf Intracoastal Waterway. LOUISIANA
117.289 Hillsboro Inlet.
117.291 Hillsborough River. 117.422 Amite River.
117.295 Kissimmee River. 117.423 Atchafalaya River.
117.297 Little Manatee River. 117.424 Belle River.
117.299 Loxahatchee River. 117.425 Black Bayou.
117.300 Manatee River. 117.427 Black River.
117.301 Massalina Bayou. 117.429 Boeuf Bayou.
117.303 Matlacha Pass. 117.433 Bonfouca Bayou.
117.305 Miami River. 117.434 Caddo Lake.
117.307 Miami River, North Fork. 117.435 Carlin Bayou.
117.309 Nassau Sound. 117.436 Chef Menteur Pass.
117.311 New Pass. 117.437 Colyell Bayou.
117.313 New River. 117.438 Company Canal.
117.315 New River, South Fork. 117.439 Des Allemands Bayou.
117.317 Okeechobee Waterway. 117.441 DInde Bayou.
117.319 Oklawaha River. 117.443 Du Large Bayou.
117.323 Outer Clam Bay. 117.444 Falgout Canal.
117.324 Rice Creek. 117.445 Franklin Canal.
117.325 St. Johns River. 117.447 Grand Cabahanosse Bayou.
117.327 St. Marks River. 117.449 Grosse Tete Bayou.
537
117.451 Gulf Intracoastal Waterway. 117.566 Patapsco RiverMiddle Branch.
117.453 Houma Canal. 117.567 Patuxent River.
117.455 Houma Navigation Canal. 117.569 Pocomoke River.
117.457 Houston River. 117.570 Sassafras River.
117.458 Inner Harbor Navigation Canal, New 117.571 Spa Creek.
Orleans. 117.573 Stoney Creek.
117.459 Kelso Bayou. 117.575 Susquehanna River.
117.460 La Carpe Bayou. 117.577 Weems Creek.
117.461 Lacassine Bayou. 117.579 Wicomico River (North Prong).
117.463 Lacombe Bayou.
117.465 Lafourche Bayou. MASSACHUSETTS
117.467 Lake Pontchartrain.
117.585 Acushnet River.
117.469 Liberty Bayou.
117.586 Annisquaim River and Blynman
117.471 Little Black Bayou.
Canal.
117.473 Little River.
117.587 Apponagansett River.
117.475 Little (Petit) Caillou Bayou.
117.588 Bass River.
117.477 Lower Atchafalaya River.
117.589 Cape Cod Canal.
117.478 Lower Grand River.
117.591 Charles River and its tributaries.
117.479 Macon Bayou.
117.480 Mermentau River. 117.593 Chelsea River.
117.481 Milhomme Bayou. 117.595 Danvers River.
117.482 Nezpique Bayou. 117.597 Dorchester Bay.
117.483 Ouachita River. 117.598 Eel Pond Channel.
117.484 Pass Manchac. 117.599 Fort Point Channel.
117.485 Patout Bayou. 117.600 Lagoon Pond.
117.486 Pearl River. 117.601 Malden River.
117.487 Pierre Pass. 117.603 Manchester Harbor.
117.488 Plaquemine Bayou. 117.605 Merrimack River.
117.489 Plaquemine Brule Bayou. 117.607 Mitchell River.
117.491 Red River. 117.609 Mystic River.
117.493 Sabine River. 117.611 Neponset River.
117.494 Schooner Bayou Canal. 117.613 North River.
117.495 Superior Oil Canal. 117.615 Plum Island River.
117.497 Stumpy Bayou. 117.618 Saugus River.
117.499 Tante Phine Pass. 117.619 Taunton River.
117.500 Tchefuncta River. 117.620 Westport RiverEast Branch.
117.501 Teche Bayou. 117.621 Fore River.
117.503 Tensas River. 117.622 West Bay.
117.505 Terrebonne Bayou.
MICHIGAN
117.507 Tigre Bayou.
117.509 Vermilion River. 117.624 Black River (South Haven).
117.511 West Pearl River. 117.625 Black River.
117.627 Cheboygan River.
MAINE 117.631 Detroit River (Trenton Channel).
117.521 Back Cove. 117.633 Grand River.
117.523 Back River. 117.635 Keweenaw Waterway.
117.525 Kennebec River. 117.637 Manistee River.
117.527 Kennebunk River. 117.639 Ontonagon River.
117.529 Narraguagus River. 117.641 Pine River (Charlevoix).
117.531 Piscataqua River. 117.643 Pine River (St. Clair).
117.533 Sheepscot River. 117.647 Saginaw River.
117.535 Taunton River. 117.651 St. Joseph River.
117.537 Townsend Gut. 117.653 St. Marys Fall Canal.
117.655 Thunder Bay River.
MARYLAND
MINNESOTA
117.543 Bear Creek.
117.547 Bush River. 117.661 Duluth Ship Canal (Duluth-Superior
117.549 Cambridge Harbor. Harbor).
117.551 Chester River. 117.663 Minnesota River.
117.553 Choptank River. 117.664 Rainy River, Rainy Lake and their
117.555 College Creek. tributaries.
117.557 Curtis Creek. 117.665 Red River of the North.
117.559 Isle of Wight (Sinepuxent) Bay. 117.667 St. Croix River.
117.561 Kent Island Narrows. 117.669 St. Louis River (Duluth-Superior
117.563 Marshyhope Creek. Harbor).
117.565 Miles River. 117.671 Upper Mississippi River.
538
MISSISSIPPI NEW YORK
117.675 Back Bay of Biloxi. 117.769 Black Rock Canal.
117.677 Big Sunflower River. 117.771 Bronx River.
117.681 Old Fort Bayou. 117.773 Buffalo River.
117.683 Pearl River. 117.779 Eastchester Bay (Arm of).
117.684 Bayou Portage. 117.781 East River.
117.685 Tchoutacabouffa River. 117.785 Genessee River.
117.686 Yazoo River. 117.787 Gowanus Canal.
117.789 Harlem River.
MISSOURI 117.791 Hudson River.
117.687 Missouri River. 117.793 Hutchinson River (Eastchester
117.689 Osage River. Creek).
117.795 Jamaica Bay and Connecting Water-
NEBRASKA ways.
117.797 Lake Champlain.
117.691 Missouri River. 117.799 Long Island, New York Island Water-
way from East Rockaway Inlet to
NEW HAMPSHIRE
Shinnecock Canal.
117.697 Hampton River. 117.800 Mill Neck Creek.
117.699 Little Harbor. 117.801 Newtown Creek, Dutch Kills,
117.700 Piscataqua River. English Kills and their tributaries.
117.802 New Rochelle Harbor.
NEW JERSEY 117.803 Niagara River.
117.701 Alloway Creek. 117.805 Peekskill (Annsville) Creek.
117.702 Arthur Kill. 117.809 Tonawanda Creek.
117.703 Bass River. 117.811 Tonawanda Harbor.
117.705 Beaver Dam Creek. 117.813 Wappinger Creek.
117.709 Cheesequake Creek. 117.815 Westchester Creek.
117.711 Cohansey River.
NORTH CAROLINA
117.713 Cooper River.
117.714 Corson Inlet. 117.820 Atlantic Intracoastal Waterway (Al-
117.716 Delaware River. ternate Route), Great Dismal Swamp
117.718 Elizabeth River. Canal.
117.719 Glimmer Glass (Debbies Creek). 117.821 Atlantic Intracoastal Waterway, Al-
117.720 Great Channel. bemarle Sound to Sunset Beach.
117.721 Grassy Sound Channel. 117.822 Cape Fear River.
117.722 Great Egg Harbor Bay. 117.823 Gallants Channel.
117.723 Hackensack River. 117.824 Neuse River.
117.725 Manantico Creek. 117.825 Newport River.
117.729 Mantua Creek. 117.829 Northeast Cape Fear River.
117.730 Maurice River. 117.831 Pamlico and Tar Rivers.
117.731 Mullica River. 117.833 Pasquotank River.
117.732 Nacote Creek. 117.835 Perquimans River.
117.733 New Jersey Intracoastal Waterway. 117.837 Roanoke River.
117.734 Navesink River (Swimming River). 117.841 Smith Creek.
117.735 Newark Bay. 117.843 Trent River.
117.736 Oceanport Creek.
OHIO
117.737 Oldmans Creek.
117.738 Overpeck Creek. 117.847 Ashtabula River.
117.739 Passaic River. 117.849 Muskingum River (Zanesville
117.741 Raccoon Creek. Canal).
117.743 Rahway River. 117.850 Black River.
117.745 Rancocas Creek. 117.851 Portage River.
117.747 Raritan River. 117.853 Sandusky Bay.
117.749 Salem River. 117.855 Maumee River.
117.750 Schellenger Creek.
117.751 Shark River (South Channel). OREGON
117.753 Ship Channel, Great Egg Harbor 117.861 Blind Slough.
Bay. 117.865 Clatskanie River.
117.755 Shrewsbury River. 117.869 Columbia River.
117.756 South River. 117.871 Coos Bay.
117.757 Townsend Inlet. 117.873 Coos River.
117.758 Tuckahoe River. 117.875 Coquille River.
117.759 Wading River. 117.879 Isthmus Slough.
117.761 Woodbridge Creek. 117.881 John Day River.
539
117.887 Oregon Slough (North Portland Har- VIRGINIA
bor).
117.889 Siuslaw River. 117.995 Appomattox River.
117.892 South Slough. 117.997 Atlantic Intracoastal Waterway,
117.893 Umpqua River. South Branch of the Elizabeth River to
117.895 Wallooskee River. the Albemarle and Chesapeake Canal.
117.897 Willamette River. 117.999 Blackwater River.
117.899 Youngs Bay and Lewis and Clark 117.1001 Cat Point Creek.
River. 117.1003 Chickahominy River.
117.1005 Chincoteague Channel.
PENNSYLVANIA 117.1007 Elizabeth RiverEastern Branch.
117.901 Chester Creek. 117.1011 Great Wicomico River.
117.903 Darby Creek. 117.1013 Kinsale Creek.
117.904 Delaware River. 117.1015 Mattaponi River.
117.905 Schuylkill River. 117.1021 North Landing River.
117.1023 Pamunkey River.
RHODE ISLAND [RESERVED]
117.1025 York River.
SOUTH CAROLINA
WASHINGTON
117.911 Atlantic Intracoastal Waterway,
Little River to Savannah River. 117.1031 Chehalis River.
117.913 Ashepoo River. 117.1035 Columbia River.
117.915 Ashley River. 117.1037 Cowlitz River.
117.917 Battery Creek. 117.1041 Duwamish Waterway.
117.921 Broad River. 117.1045 Hood Canal.
117.923 Congaree River. 117.1047 Hoquiam River.
117.925 Cooper River. 117.1049 Lake Washington.
117.927 Coosaw River (Whale Branch). 117.1051 Lake Washington Ship Canal.
117.929 Durham Creek. 117.1053 Lewis River.
117.933 Pee Dee River.
117.1055 Skagit River.
117.935 Rantowles Creek.
117.1057 Skamokawa Creek.
117.936 Savannah River.
117.938 Waccamaw River. 117.1058 Snake River.
117.939 Wando River. 117.1059 Snohomish River, Steamboat
Sough, and Ebey Slough.
SOUTH DAKOTA 117.1061 Tacoma Harbor.
117.941 Missouri River. 117.1063 Willapa River South Fork.
117.1065 Wishkah River.
TENNESSEE
WISCONSIN
117.943 Cumberland River.
117.945 Hatchie River. 117.1081 Black River.
117.947 Obion River. 117.1083 Duluth-Superior Harbor (St. Louis
117.949 Tennessee River. River).
117.1085 East River.
TEXAS 117.1087 Fox River.
117.951 Arroyo Colorado River. 117.1089 Manitowoc River.
117.953 Brazos River (Diversion Channel). 117.1091 Menomonee River.
117.955 Buffalo Bayou. 117.1093 Milwaukee, Menomonee, and
117.957 Cedar Bayou. Kinnickinnic Rivers and South
117.959 Chocolate Bayou. Menomonee and Burnham Canals.
117.963 Colorado River. 117.1095 Root River.
117.965 Cow Bayou. 117.1097 Sheboygan River.
117.966 Galveston Channel. 117.1099 St. Croix River.
117.967 Greens Bayou. 117.1101 Sturgeon Bay.
117.968 Gulf Intracoastal Waterway. 117.1103 Upper Mississippi River.
117.969 Lavaca River. 117.1105 Wisconsin River.
117.971 Neches River.
117.1107 Wolf River
117.975 Old Brazos River.
117.979 Sabine Lake. AUTHORITY: 33 U.S.C. 499; 33 CFR 1.051; and
117.981 Sabine River. Department of Homeland Security Delega-
117.984 San Bernard River. tion No. 0170.1.
117.987 Taylor Bayou.
117.989 Trinity River. SOURCE: CGD 82025, 49 FR 17452, Apr. 24,
VERMONT
EDITORIAL NOTE: Nomenclature changes to
117.993 Lake Champlain. part 117 appear at 63 FR 35529, June 30, 1998.
540
Subpart AGeneral Requirements Lowerable means a non-structural

vessel appurtenance that is or can be
117.1 Purpose. made flexible, hinged, collapsible, or
telescopic so that it can be mechani-
(a) This part prescribes the general
cally or manually lowered.
and special drawbridge operating regu-
Nonstructural means that the item is
lations that apply to the drawbridges
not rigidly fixed to the vessel and can
across the navigable waters of the
be relocated or altered.
United States and its territories. The
authority to regulate drawbridges Not essential to navigation means that
across the navigable waters of the a nonstructural vessel appurtenance,
United States is vested in the Sec- when in the lowered position, would
retary of Homeland Security. not adversely affect the vessels pilot-
ing, propulsion, control, or collision-
(b) Subpart A contains the general
avoidance capabilities.
operation requirements that apply to
all drawbridges. Public vessel means a vessel that is
owned and operated by the United
(c) Subpart B contains specific re-
States Government and is not engaged
quirements for operation of individual
in commercial service, as defined in 46
drawbridges. These requirements are in
U.S.C. 2101.
addition to or vary from the general re-
quirements in Subpart A. Specific sec- Remotely operated drawbridge means a
tions in subpart B that vary from a drawbridge that is operated by remote
general requirement in Subpart A su- control from a location away from the
persede the general requirement. All drawbridge.
other general requirements in Subpart Removable span bridge means a bridge
A, that are not at variance, apply to that requires the complete removal of
the drawbridges and removable span a span by means other than machinery
bridges listed in Subpart B. installed on the bridge to open the
bridge to navigation.
[USCG200110881, 71 FR 70307, Dec. 4, 2006] Untended means that there is no
drawtender at the drawbridge.
117.4 Definitions.
[USCG200110881, 71 FR 70307, Dec. 4, 2006]
The following definitions apply to
this part: 117.5 When the drawbridge must
Appurtenance means an attachment open.
or accessory extending beyond the hull
Except as otherwise authorized or re-
or superstructure that is not an inte-
quired by this part, drawbridges must
gral part of the vessel and is not need-
open promptly and fully for the pas-
ed for a vessels piloting, propelling,
sage of vessels when a request or signal
controlling, or collision avoidance ca-
to open is given in accordance with
pabilities.
this subpart.
Automated drawbridge means a draw-
bridge that is operated by an auto- [USCG200110881, 71 FR 70308, Dec. 4, 2006]
mated mechanism, not a drawtender.
An automated drawbridge is normally 117.7 General requirements of draw-
kept in the open to navigation position bridge owners.
and closes when the mechanism is acti- Except for drawbridges that have
vated. been authorized, before January 3, 2007,
Deviation means a District Com- to remain closed to navigation or as
manders action authorizing a draw- otherwise specified in subpart B, draw-
bridge owner to temporarily not com- bridge owners must:
ply with the drawbridge opening re- (a) Provide the necessary
quirements in this part. drawtender(s) for the safe and prompt
Drawbridge means a bridge with an opening of the drawbridge.
operational span that is intended to be (b) Maintain the working machinery
opened for the passage of waterway of the drawbridge in good operating
traffic. condition.
Drawspan means the operational span (c) Cycle the drawspan(s) periodically
of a drawbridge. to ensure operation of the drawbridge.
541
117.8 33 CFR Ch. I (7112 Edition)
(d) Ensure that the drawbridge oper- been lowered, to safely pass under the
ates in accordance with the require- drawbridge in the closed position; or
ments of this part. (b) Signal a drawbridge to open for
(e) Any drawbridge allowed to remain any purpose other than to pass through
closed to navigation prior to January the drawbridge opening.
3, 2007, when necessary, must be re- [CGD 91059, 59 FR 16563, Apr. 7, 1994]
turned to operable condition within the
designated time set forth by the Dis- 117.15 Signals.
trict Commander and will become sub- (a) General. (1) The operator of each
ject to the requirements of this part. vessel requesting a drawbridge to open
[USCG200110881, 71 FR 70308, Dec. 4, 2006] shall signal the drawtender and the
drawtender shall acknowledge that sig-
117.8 Permanent changes to draw- nal. The signal shall be repeated until
bridge operation. acknowledged in some manner by the
(a) Anyone may submit a written re- drawtender before proceeding.
quest to the District Commander for a (2) The signals used to request the
permanent change to a drawbridge op- opening of the draw and to acknowl-
erating requirement. The request must edge that request shall be sound sig-
include documentation supporting or nals, visual signals, or radiotelephone
justifying the requested change. communications described in this sub-
(b) If after evaluating the request, part.
the District Commander determines (3) Any of the means of signaling de-
that the requested change is not need- scribed in this subpart sufficient to
ed, he or she will respond to the re- alert the party being signaled may be
quest in writing and provide the rea- used.
sons for denial of the requested change. (b) Sound signals. (1) Sound signals
(c) If the District Commander decides shall be made by whistle, horn, mega-
that a change may be needed, he or she phone, hailer, or other device capable
will begin a rulemaking to implement of producing the described signals loud
the change. enough to be heard by the drawtender.
(2) As used in this section, pro-
[USCG200110881, 71 FR 70308, Dec. 4, 2006] longed blast means a blast of four to
six seconds duration and short blast
117.9 Delaying opening of a draw.
means a blast of approximately one
No person shall unreasonably delay second duration.
the opening of a draw after the signals (3) The sound signal to request the
required by 117.15 have been given. opening of a draw is one prolonged
NOTE: Trains are usually controlled by the blast followed by one short blast
block method. That is, the track is divided sounded not more than three seconds
into blocks or segments of a mile or more in after the prolonged blast. For vessels
length. When a train is in a block with a required to be passed through a draw
drawbridge, the draw may not be able to during a scheduled closure period, the
open until the train has passed out of the sound signal to request the opening of
block and the yardmaster or other manager the draw during that period is five
has unlocked the drawbridge controls. The short blasts sounded in rapid succes-
maximum time permitted for delay is de-
fined in Subpart B for each affected bridge.
sion.
Land and water traffic should pass over or (4) When the draw can be opened im-
through the draw as soon as possible in order mediately, the sound signal to ac-
to prevent unnecessary delays in the opening knowledge a request to open the draw
and closure of the draw. is one prolonged blast followed by one
short blast sounded not more than 30
117.11 Unnecessary opening of the seconds after the requesting signal.
draw. (5) When the draw cannot be opened
No vessel owner or operator shall immediately, or is open and shall be
(a) Signal a drawbridge to open if the closed promptly, the sound signal to
vertical clearance is sufficient to allow acknowledge a request to open the
the vessel, after all lowerable non- draw is five short blasts sounded in
structural vessel appurtenances that rapid succession not more than 30 sec-
are not essential to navigation have onds after the vessels opening signal.
542
The signal shall be repeated until ac- 117.17 Signalling for contiguous
knowledged in some manner by the re- drawbridges.
questing vessel. When a vessel must past two or more
(c) Visual signals. (1) The visual signal drawbridges close together, the open-
to request the opening of a draw is ing signal is given for the first bridge.
(i) A white flag raised and lowered After acknowledgment from the first
vertically; or bridge that it will promptly open, the
(ii) A white, amber, or green light opening signal is given for the second
raised and lowered vertically. bridge, and so on until all bridges that
(2) When the draw can be opened im- the vessel must pass have been given
mediately, the visual signal to ac- the opening signal and have acknowl-
knowledge a request to open the draw, edged that they will open promptly.
given not more than 30 seconds after 117.19 Signalling when two or more
the vessels opening signal, is vessels are approaching a draw-
(i) A white flag raised and lowered bridge.
vertically; When two or more vessels are ap-
(ii) A white, amber, or green light proaching the same drawbridge at the
raised and lowered vertically; or same time, or nearly the same, time,
(iii) A fixed or flashing white, amber, whether from the same or opposite di-
or green light or lights. rections, each vessel shall signal inde-
(3) When the draw cannot be opened pendently for the opening of the draw
immediately, or is open and must be and the drawtender shall reply in turn
closed promptly, the visual signal to to the signal of each vessel. The
acknowledge a request to open the drawtender need not reply to signals by
draw is vessels accumulated at the bridge for
(i) A red flag or red light swung back passage during a scheduled open period.
and forth horizontally in full sight of 117.21 Signalling for an opened
the vessel given not more than 30 sec- drawbridge.
onds after the vessels opening signal;
When a vessel approaches a draw-
or bridge with the draw in the open posi-
(ii) A fixed or flashing red light or tion, the vessel shall give the opening
lights given not more than 30 seconds signal. If no acknowledgment is re-
after the vessels opening signal. ceived within 30 seconds, the vessel
(4) The acknowledging signal when may proceed, with caution, through
the draw cannot open immediately or the open draw.
is open and must be closed promptly
shall be repeated until acknowledged 117.23 Installation of radio-
in some manner by the requesting ves- telephones.
sel. (a) When the District Commander
(d) Radio telephone communications. (1) deems it necessary for reasons of safety
Radiotelephones may be used to com- of navigation, the District Commander
municate the same information pro- may require the installation and oper-
vided by sound and visual signals. ation or a radiotelephone on or near a
(2) The vessel and the drawtender drawbridge.
(b) The District Commander gives
shall monitor the frequency used until
written notice of the proposed require-
the vessel has cleared the draw.
ment to the bridge owner.
(3) When radiotelephone contact can- (c) All comments the owner wishes to
not be initiated or maintained, sound submit shall be submitted to the Dis-
or visual signals under this section trict Commander within 30 days of re-
shall be used. ceipt of the notice under paragraph (b)
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as of this section.
amended by CGD 82025, 50 FR 11366, Mar. 21, (d) If, upon consideration of the com-
1985; CGD 84022, 51 FR 16308, May 2, 1986; ments received, the District Com-
CGD 96026, 61 FR 33664, June 28, 1996; USCG mander determines that a radio-
200110881, 71 FR 70308, Dec. 4, 2006] telephone is necessary, the District
Commander notifies the bridge owner
543
117.24 33 CFR Ch. I (7112 Edition)
that a radiotelephone shall be installed opening does not conflict with local
and gives a reasonable time, not to ex- emergency management procedures
ceed six months, to install the radio- which have been approved by the cog-
telephone and commence operation. nizant Coast Guard Captain of the
Port:
117.24 Radiotelephone installation (1) Federal, State, and local govern-
identification. ment vessels used for public safety;
(a) The Coast Guard authorizes, and (2) Vessels in distress where a delay
the District Commander may require would endanger life or property;
the installation of a sign on draw- (3) Commercial vessels engaged in
bridges, on the upstream and down- rescue or emergency salvage oper-
stream sides, indicating that the bridge ations; and
is equipped with and operates a VHF (4) Vessels seeking shelter from se-
radiotelephone in accordance with vere weather.
117.23. [CGD 91016, 58 FR 20, Jan. 4, 1993, as amend-
(b) The sign shall give notice of the ed at 71 FR 70308, Dec. 4, 2006]
radiotelephone and its calling and
working channels 117.33 Closure of draw for natural
(1) In plain language; or disasters or civil disorders.
(2) By a sign consisting of the outline Drawbridges need not open for the
of a telephone handset with the long passage of vessels during periods of
axis placed horizontally and a vertical natural disasters or civil disorders de-
three-legged lightning slash super- clared by the appropriate authorities
imposed over the handset. The slash unless otherwise provided for in Sub-
shall be as long vertically as the part B or directed to do so by the Dis-
handset is wide horizontally and nor- trict Commander.
mally not less than 27 inches and no
more than 36 inches long. The preferred 117.35 Temporary change to a draw-
calling channel should be shown in the bridge operating schedule.
lower left quadrant and the preferred (a) For any temporary change to the
working channel should be shown in operating schedule of a drawbridge,
the lower right quadrant. lasting less than or equal to 180 days,
the District Commander may issue a
NOTE: It is recommended that the radio-
telephone sign be similar in design to the deviation approval letter to the bridge
Service Signs established by the Federal owner and publish a Notice of devi-
Highway Administration (FHWA) in U.S. ation from drawbridge regulation in
Road Symbol Signs using Reflective Blue the FEDERAL REGISTER.
and Reflective White colors. Color and de- (b) If the time period for a temporary
sign information is available from the Dis- change to the operating schedule of a
trict Commander of the Coast Guard District drawbridge will be greater then 180
in which the bridge is located. days, the District Commander will fol-
[CGD 84022, 51 FR 16308, May 2, 1986] low appropriate rulemaking procedures
and publish a temporary rule in the
117.31 Drawbridge operations for FEDERAL REGISTER prior to the start of
emergency vehicles and emergency the action.
vessels. (c) Request for change. (1) To tempo-
(a) Upon receiving notification that rarily change the drawbridge-operating
an emergency vehicle is responding to requirements the bridge owner must
an emergency situation, a drawtender submit a written request to the Dis-
must make all reasonable efforts to trict Commander for approval of the
have the drawspan closed at the time change.
the emergency vehicle arrives. (2) The request must describe the rea-
(b) When a drawtender receives no- son for the closure and the dates and
tice, or a proper signal as provided in times scheduled for the start and end
117.15 of this part, the drawtender of the change.
shall take all reasonable measures to (3) Requests should be submitted as
have the draw opened, regardless of the early as possible, preferably 90 days be-
operating schedule of the draw, for pas- fore the start of the action. District
sage of the following, provided this Commanders have discretion to accept
544
requests submitted less than 90 days in writing that the District Com-
before a needed change if those re- mander authorize the drawbridge to re-
quests can be processed before the date main closed to navigation and to be
of the needed change. untended.
(d) Determination. The District Com- (b) The District Commander may:
manders determination to allow the (1) Authorize the closure of the draw-
schedule change is normally forwarded bridge;
to the bridge owner within ten working (2) Set out any conditions in addition
days after receipt of the request. If the to the requirement in paragraph (d):
request is denied, the reasons for the and
denial will be set out in the District (3) Revoke an authorization and
Commanders decision letter. order the drawbridge returned to oper-
(e) The drawbridge must return to its ation when necessary.
regular operating schedule imme- (c) All drawbridges authorized to re-
diately at the end of the designated main closed to navigation, under this
time period. section, must be maintained in oper-
(f) If the authorized closure period for able condition.
an event is broken into separate time (d) Authorization under this section
periods on the same day or on consecu- does not:
tive days, the drawbridge must provide (1) Authorize physical changes to the
openings for navigation between the drawbridge structure, or
authorized closures.
(2) Authorize removal of the oper-
(g) The District Commander will also
ating machinery.
announce the change to the operating
schedule in the Local Notice to Mari- (e) Drawbridges authorized under this
ners and other appropriate local media. section to remain closed to navigation
and to be untended are identified in
[USCG200110881, 71 FR 70308, Dec. 4, 2006] subpart B of this part.
117.36 Closure of drawbridge for [USCG200110881, 71 FR 70308, Dec. 4, 2006]
emergency repair.
117.40 Advance notice for draw-
(a) When a drawbridge unexpectedly bridge opening.
becomes inoperable, or should be im-
mediately rendered inoperable because (a) Upon written request by the
of mechanical failure or structural de- owner of a drawbridge, the District
fect, the drawbridge owner must notify Commander may authorize a draw-
the District Commander of the closure bridge to operate under an advance no-
without delay and give the reason for tice for opening. The drawbridge ten-
the emergency closure of the draw- der, after receiving the advance notice,
bridge and an estimated time when the must open the drawbridge at the re-
drawbridge will be returned to oper- quested time and allow for a reasonable
ating condition. delay in arrival of the vessel giving the
(b) The District Commander will no- advance notice.
tify mariners about the drawbridge sta- (b) If the request is approved, a de-
tus through Broadcast Notices to Mari- scription of the advanced notice for the
ners, Local Notice to Mariners and any drawbridge will be added to subpart B
other appropriate local media. of this part.
(c) Repair work under this section [USCG200110881, 71 FR 70309, Dec. 4, 2006]
must be performed with all due speed
in order to return the drawbridge to 117.41 Maintaining drawbridges in
operation as soon as possible. the fully open position.
[USCG200110881, 71 FR 70308, Dec. 4, 2006] (a) Drawbridges permanently main-
tained in the fully open to navigation
117.39 Authorized closure of draw- position may discontinue drawtender
bridge due to infrequent requests service as long as the drawbridge re-
for openings. mains fully open to navigation. The
(a) When there have been no requests drawbridge must remain in the fully
for drawbridge openings for at least open position until drawtender service
two years, a bridge owner may request is restored.
545
117.42 33 CFR Ch. I (7112 Edition)
(b) If a drawbridge is normally main- Guard District in which the drawbridge

tained in the fully open to navigation is located.
position, but closes to navigation for (b) Penalties for violations under this
the passage of pedestrian, vehicular, part are assessed and collected under
rail, or other traffic, the drawbridge Subpart 1.07 of Part 1 of this chapter.
must be tended unless:
(1) Special operating requirements Subpart BSpecific Requirements
are established in subpart B of this
part for that drawbridge; or 117.51 General.
(2) The drawbridge is remotely oper-
ated or automated. The drawbridges in this subpart are
listed by the state in which they are lo-
[USCG200110881, 71 FR 70309, Dec. 4, 2006] cated and by the waterway they cross.
Waterways are arranged alphabetically
117.42 Remotely operated and auto- by state. The drawbridges listed under
mated drawbridges.
a waterway are generally arranged in
(a) Upon written request by the order from the mouth of the waterway
owner of a drawbridge, the District moving upstream. The drawbridges on
Commander may authorize a draw- the Atlantic Intracoastal Waterway
bridge to operate under an automated are listed from north to south and on
system or from a remote location. the Gulf Intracoastal Waterway from
(b) If the request is approved, a de- east to west.
scription of the full operation of the re-
motely operated or automated draw- [USCG200110881, 71 FR 70309, Dec. 4, 2006]
bridge will be added to subpart B of
this part. 117.55 Posting of requirements.
[USCG200110881, 71 FR 70309, Dec. 4, 2006]

(a) The owner of each drawbridge
under this subpart, other than remov-
117.47 Clearance gauges. able span bridges, must ensure that a
sign summarizing the requirements in
(a) Clearance gauges are required for
this subpart applicable to the draw-
drawbridges across navigable waters of
bridge is posted both upstream and
the United States discharging into the
downstream of the drawbridge. The re-
Atlantic Ocean south of Delaware Bay
quirements to be posted need not in-
(including the Lewes and Rehoboth
clude those in Subpart A or 117.51
Canal, DE) or into the Gulf of Mexico
(including coastal waterways contig- through 117.59 of this part.
uous thereto and tributaries to such (b) The signs shall be of sufficient
waterways and the Lower Atchafalaya size and so located as to be easily read
River, LA), except the Mississippi at any time from an approaching ves-
River and its tributaries and outlets, sel.
(b) Except for provisions in this part (c) If advance notice is required to
which specify otherwise for particular open the draw, the signs shall also
drawbridges, clearance gauges shall be state the name, address, and telephone
designed, installed, and maintained ac- number of the person to be notified.
cording to the provisions of 118.160 of [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
this chapter. amended by USCG200110881, 71 FR 70309,
NOTE: Clearance gauge requirements, if Dec. 4, 2006]
any, for drawbridges other than those re-
ferred to in this section are listed in Subpart 117.59 Special requirements due to
B under the appropriate bridge. hazards.
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as For the duration of occurrences haz-
amended by CGD 84022, 51 FR 16308, May 2, ardous to safety or navigation, such as
1986; CGD 96026, 61 FR 33664, June 28, 1996] floods, freshets, and damage to the
bridge or fender system, the District
117.49 Process of violations. Commander may require the owner of
(a) Complaints of alleged violations an operational drawbridge listed in this
under this part are submitted to the subpart to have the bridge attended
District Commander of the Coast full time and open on signal.
546
ALABAMA 117.109 Coosa River.

117.101 Alabama River. The draw of the CSX Transportation
Railroad bridge, mile 175.0 at Gadsden,
(a) The Alabama & Gulf Coast Rail- shall open on signal if at least six
way Drawbridge, mile 105.3, at Coy, hours notice is given.
shall open on signal if at least 24 hours
notice is given. 117.113 Tensaw River.
(b) The draw of the Canadian Na- The draw of the CSX Transportation
tional/Illinois Central railroad bridge, Railroad bridge, mile 15.0 at Hurricane,
mile 277 near Montgomery, shall open shall open on signal; except that, from
on signal if at least 24 hours notice is 5 p.m. to 9 a.m., the draw shall open on
given. signal if at least eight hours notice is
(c) The draw of the CSX Transpor- given. During periods of severe storms
tation Railroad bridge, mile 293.3 near or hurricanes, from the time the Na-
Montgomery, shall open on signal if at tional Weather Service sounds an
least 24 hours notice is given. alert for the area until the all
clear is sounded, the draw shall open
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
on signal.
June 29, 2000; CGD0803018, 68 FR 34303, June [CGD88509, 50 FR 37356, Sept. 13, 1985]
9, 2003; CGD0804001, 69 FR 5465, Feb. 5, 2004]
117.115 Three Mile Creek.
117.103 Bayou La Batre. (a) The draw of the US43 bridge, mile
The draw of SR 188 Bridge, mile 2.3, 1.0 at Mobile, need not be opened from
at Bayou La Batre, will open on signal 7 a.m. to 9 a.m. and from 4:30 p.m. to
every hour on the hour daily between 4 6:30 p.m. daily. At all other times, the
a.m. and 8 p.m., Monday through Sun- draw shall open on signal if at least 12
day. The bridge need not open for the hours notice is given.
passage of vessels on the hours of 7 (b) The draw of the Norfolk Southern
a.m., 3 p.m., and 4 p.m., Monday railroad bridge, mile 1.1 at Mobile,
through Friday. Monday through Fri- shall open on signal if at least five days
day the draw will open on signal for notice is given.
the passage of vessels at 3:30 p.m. The
bridge will remain closed to marine ARKANSAS
traffic from 8 p.m. to 4 a.m. daily ex- 117.121 Arkansas River
cept for emergencies.
The draw of the Missouri Pacific
[CGD0805001, 70 FR 37675, June 30, 2005] Railroad bridge, mile 23.1 near
Yancopin, shall open on signal if at
117.105 Bayou Sara. least 96 hours notice is given.
The draw of the CSX Transportation
Railroad bridge, mile 0.1 near Saraland, 117.123 Arkansas Waterway.
shall open on signal; except that, from (a) Across the Arkansas Waterway,
6 p.m. to 10 a.m. the draw shall open on the draw of the Rob Roy Drawbridge,
signal if at least eight hours notice is mile 67.4, at Pine Bluff, Arkansas is
given. During periods of severe storms maintained in the closed to navigation
or hurricanes, from the time the Na- position and is remotely operated. Any
tional Weather Service sounds an vessel which requires an opening of the
alert for the area until the all draw of this bridge shall establish con-
clear is sounded, the draw shall open tact by radiotelephone with the remote
on signal. drawbridge operator on VHFFM Chan-
nel 12 in Omaha, Nebraska. To estab-
[CGD88512, 50 FR 41685, Oct. 15, 1985] lish contact, the vessel shall key the
VHFFM radio microphone four times
117.107 Chattahoochee River. in five seconds and listen for an ac-
The draws of the CSX Transportation knowledgement tone. The remote
Railroad bridge, mile 117.1 near Omaha, drawbridge operator will then establish
GA, shall open on signal if at least six normal verbal radio communication on
hours notice is given. VHFFM Channel 12 and advise the
547
117.125 33 CFR Ch. I (7112 Edition)
vessel whether the requested span can bridge operator as described in para-
be immediately opened and will main- graph (b)(1) of this section either before
tain constant radio contact with the departing Murray Lock and Dam or be-
vessel until the requested span has fore departing the mooring cells at
opened and vessel passage has been mile 121.5 to ensure that the drawspan
completed. The bridge is equipped with is opened well in advance of arrival at
a Photoelectric Boat Detection System the bridge. The remote drawbridge op-
to prevent the span from lowering if erator shall immediately respond to
there is an obstruction under the span. the vessels contact, ensure the
If the drawbridge cannot be opened im- drawspan is open for passage, and en-
mediately, the remote drawbridge op- sure that it remains in the open to
erator will notify the calling vessel and navigation position until the
provide an estimated time for a downbound vessel has safely passed
drawspan opening. through. If it cannot be opened imme-
(b) Across the Arkansas Waterway, diately for unimpeded passage in ac-
the draw of the Baring Cross Railroad cordance with 165.817, the remote
Drawbridge, mile 119.6 at Little Rock, drawbridge operator will notify the
Arkansas, is maintained in the closed downbound vessel and provide an esti-
position and is remotely operated. Use mated time for a drawspan opening.
the following procedures to request an Upbound vessels shall request openings
opening of this bridge when necessary in accordance with the normal flow
for transit: procedures as set forth in paragraph
(1) Normal flow procedures. Any vessel (b)(1) of this section. The remote draw-
which requires an opening of the draw bridge operator shall keep these ap-
of this bridge shall establish contact by proaching vessels informed of the posi-
radiotelephone with the remote draw- tion of the drawspan at all times until
bridge operator on VHFFM Channel 13 safe passage is completed.
in Omaha, Nebraska. To establish con- (c) Across the Arkansas Waterway,
tact, the vessel shall key the VHFFM the draw of the Van Buren Railroad
radio microphone four times in five Drawbridge, mile 300.8 at Van Buren,
seconds and listen for an acknowledge- Arkansas, is maintained in the open
ment tone. The remote drawbridge opposition except as follows:
erator will then establish normal (1) When a train approaches the
verbal radio communication on VHF bridge, amber lights attached to the
FM Channel 13 and advise the vessel bridge begin to flash and an audible
whether the requested span can be im- signal on the bridge sounds. At the end
mediately opened and will maintain of 10 minutes, the amber light con-
constant radio contact with the vessel tinues to flash; however, the audible
until the requested span has opened signal stops and the draw lowers and
and vessel passage has been completed. locks if the photoelectric boat detec-
The bridge is equipped with a Photo- tion system detects no obstruction
electric Boat Detection System to pre- under the span. If there is an obstruc-
vent the span from lowering if there is tion, the draw opens to its full height
an obstruction under the span. If the until the obstruction is cleared.
drawbridge cannot be opened imme- (2) After the train clears the bridge,
diately, the remote drawbridge oper- the draw opens to its full height, the
ator will notify the calling vessel and amber flashing light stops, and the mid
provide an estimated time for a channel lights change from red to
drawspan opening. green, indicating the navigation chan-
(2) High velocity flow procedures. The nel is open for the passage of vessels.
area from mile 118.2 to mile 125.4 is a [CGD0806005, 71 FR 70879, Dec. 7, 2006, as
regulated navigation area as described amended by USCG20070043, 73 FR 24868,
in 165.817. During periods of high ve- May 6, 2008; USCG20100441, 75 FR 65232, Oct.
locity flow rate of 70,000 cubic feet per 22, 2010; USCG20100228, 75 FR 66308, Oct. 28,
second or greater at the Murray Lock 2010]
and Dam, mile 125.4, downbound vessels
which require that the draw of this 117.125 Black River.
bridge be opened for unimpeded pas- The following draws need not be
sage shall contact the remote draw- opened for the passage of vessels:
548
(a) Union Pacific railroad bridge, 117.139 White River.

mile 3.4 at Paroquet. (a) The draws of the St. Louis South-
(b) Burlington Northern railroad western railroad bridge, mile 98.9 at
bridge, mile 68.4 at Black Rock. Clarendon, the US70 highway bridge,
(c) Arkansas State Highway Depart- mile 121.7 at DeValls Bluff, the Chi-
ment bridge, mile 90.1 at Pocahontas. cago, Rock Island and Pacific Railroad
(d) Burlington Northern railroad
bridge, mile 122.0 at DeValls Bluff, the
bridge, mile 90.4 at Pocahontas.
Missouri Pacific railroad bridge, mile
(e) Union Pacific railroad bridge,
196.3 at Augusta, and the Missouri Pa-
mile 144.4 at Corning.
cific railroad bridge, mile 254.8 at New-
(f) Arkansas State Highway Depart-
port, shall open on signal if at least
ment bridge, mile 152.2 at Corning.
eight hours notice is given. The draws
117.127 Current River. of any of these bridges need not be
opened for a vessel that arrives later
The draws of the Arkansas highway than two hours after the time specified
bridge, mile 10.2, and the Burlington in the notice, unless a second notice of
Northern railroad bridge, mile 12.2, at least eight hours is given.
both at Biggers, need not be opened for (b) The draws of the Arkansas high-
the passage of vessels. way bridge, mile 300.1 at Batesville,
117.129 Little Red River. and the Missouri Pacific railroad
bridge, mile 401.9 at Cotter, need not be
The draws of the Burlington North- opened for the passage of vessels.
ern railroad bridge, mile 25.0, and Ar-
kansas highway bridge, mile 25.2, both [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
amended by CGD0806005, 72 FR 70879, Dec.
at Judsonia, and the Arkansas highway
7, 2006]
bridge, mile 30.5 at Searcy, need not be
opened for the passage of vessels. CALIFORNIA
117.131 Little River. 117.140 General.
The draws of the Burlington North- In California, when fog prevails by
ern railroad bridge, mile 7.1 near Ful- day or night, the drawtender, after
ton, need not be opened for the passage sounding the opening signal, shall toll
of vessels. a bell continuously during the ap-
proach and passage of a vessel.
117.133 Ouachita River.
The draw of the St. Louis South- 117.141 American River.
western Railroad Bridge, Mile 338.8 The draw of the Jiboom Street
near Camden, need not be open for the bridge, mile 0.1 at Sacramento, need
passage of vessels. not be opened for the passage of ves-
[CGD2 8903, 55 FR 12820, Apr. 6, 1990, as sels.
amended by USCG19983799, 63 FR 35527, [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
June 30, 1998] 37381, Sept. 24, 1984]
117.135 Red River. 117.143 Bishop Cut.
The draws of the bridges above mile The draw of the San Joaquin County
276.0 at the Arkansas Louisiana border, highway bridge, mile 1.0 between King
need not be opened for the passage of Island and Bishop Tract, shall open on
vessels. signal if at least 12 hours notice is
given to the San Joaquin County De-
117.137 St. Francis River.
partment of Public Works at Stockton.
The draws of the Chicago, Rock Is-
land and Pacific railroad bridge, mile 117.147 Cerritos Channel.
59.7 at Madison, and all drawbridges (a) The draw of the Commodore
above that point, need not be opened Schuyler F. Heim highway bridge, mile
for the passage of vessels. 4.9 at Long Beach, shall open on signal;
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as except that, from 6:30 a.m. to 8 a.m.
amended by CGD02 8633, 51 FR 32318, Sept. and 3:30 p.m. to 6 p.m. Monday through
11, 1986] Friday except Federal holidays, the
549
117.149 33 CFR Ch. I (7112 Edition)
draws need not be opened for the pas- p.m., and at (209) 9938878 all other
sage of vessels. The opening signal for times.
the Commodore Schuyler Heim bridge
[USCG20081141, 74 FR 30227, June 25, 2009]
is three prolonged blasts. The acknowl-
edging signal is two prolonged blasts 117.151 Cordelia Slough (a tributary
followed by one short blast when the of Suisun Bay).
draw will open immediately and five
short blasts when the draw will not The draws of the Union Pacific rail-
open immediately. Channel 13 (156.65 road bridge, mile 1.5 at Suisun, shall
MHZ) or other assigned frequencies open on signal if at least 24 hours no-
may be used. tice is given.
(b) The draw of the Henry Ford Ave- 117.153 Corte Madera Creek.
nue railroad bridge, mile 4.8 at Long
Beach, shall be maintained in the fully The draw of the Golden Gate Bridge,
open position, except when a train is Highway and Transportation District
crossing or for maintenance. If the bridge, mile 0.5 near Greenbrae, shall
draw is in the closed position, the be maintained in the fully open posi-
opening signal is two short blasts fol- tion, except for the crossing of trains
lowed by one prolonged blast. The ac- or for maintenance.
knowledging signal is two prolonged [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
blasts followed by one short blast when amended by USCG19983799, 63 FR 35527,
the draw will open immediately and June 30, 1998]
five short blasts when the draw will
not open immediately. Channel 13 117.155 Eureka Slough.
(156.65 MHZ) or other assigned fre- The drawspan for the Northwestern
quencies may be used. Pacific Railroad Authority Draw-
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR bridge, mile 0.3 at Eureka, need not be
37381, Sept. 24, 1984, as amended by CGD1190 opened for the passage of vessels. The
03, 61 FR 59026, Nov. 20, 1996; 62 FR 31724, owner or agency controlling the draw-
June 11, 1997; USCG19995832, 64 FR 34712, bridge must restore the drawspan to
June 29, 1999] full operation within six months of no-
tification from the District Com-
117.149 China Basin, Mission Creek.
mander.
The draws of the 3rd Street bridge,
[USCG200110881, 71 FR 70309, Dec. 4, 2006]
mile 0.0, and the 4th Street bridge, mile
0.2, both at San Francisco, shall open
117.157 Georgiana Slough.
on signal if at least one hour notice is
given. The draws of the Sacramento County
highway bridges, mile 4.5 near Isleton,
117.150 Connection Slough. and mile 12.4 near Walnut Grove, shall
The draw of the Reclamation District open on signal from 6 a.m. to 10 p.m.
No. 2027 bridge between Mandeville and from May 1 through October 31. The
Bacon Islands, mile 2.5 near Stockton, draws shall open on signal from No-
from May 15 through September 15, vember 1 through April 30 from 9 a.m.
shall open on signal between the hours to 5 p.m. At all other times, the draws
of 9 a.m. and 5 p.m., and it shall open of these bridges shall open on signal if
upon 12 hours advance notice between at least four hours notice is given to
the hours of 5 p.m. and 9 a.m.; and from the drawtender at the Rio Vista bridge
September 16 through May 14 the draw across the Sacramento River, mile 12.8.
shall open upon 12 hours advance no-
117.159 Grant Line Canal.
tice between the hours of 9 a.m. and 5
p.m., and it shall open upon 24 hours The draw of the San Joaquin County
advance notice between the hours of 5 highway bridge, mile 5.5 at Tracy, shall
p.m. and 9 a.m. Advance notice shall be open on signal if at least 12 hours no-
given to the drawbridge operator by tice is given to the San Joaquin Coun-
telephone at (209) 4642959 or (209) 464 ty Department of Public Works at
7928 weekdays between 8 a.m. and 5 Stockton.
550
117.161 Honker Cut. phone number to schedule drawspan

operation.
The draw of the San Joaquin County (b) The draw of the Northwestern Pa-
(Eightmile Road) bridge, mile 0.3 be- cific railroad bridge, mile 10.6 at Braz-
tween Empire Tract and King Island at os, shall be maintained in the fully
Stockton, shall open on signal if at open position, except for the crossing
least 12 hours notice is given to the of trains or for maintenance. When the
San Joaquin County Department of draw is closed and visibility at the
Public Works at Stockton. drawtenders station is less than one
mile, up or down the channel, the
117.163 Islais Creek (Channel).
drawtender shall sound two prolonged
(a) The draw of the Illinois Street blasts every minute. When the draw is
drawbridge, mile 0.3 at San Francisco, opened, the drawtender shall sound
shall open on signal if at least 72 hours three short blasts.
advance notice is given to the Port of
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
San Francisco. amended by CGD 128502, 50 FR 20758, May
(b) The draw of the 3rd Street draw- 20, 1985; USCG19995832, 64 FR 34712, June 29,
bridge, mile 0.4 at San Francisco, shall 1999; CGD1103006, 69 FR 21958, Apr. 23, 2004;
open on signal if at least 72 hours ad- CGD 1105025, 70 FR 20467, Apr. 20, 2005]
vance notice is given to the San Fran-
cisco Department of Public Works. 117.171 Middle River.
(a) The draw of the San Joaquin
[USCG20080648, 73 FR 74019, Dec. 5, 2008]
County (Bacon Island Road) highway
117.165 Lindsey Slough. bridge, mile 8.6 between Bacon Island
and Lower Jones Tract, shall open on
The center drawspan of the Hastings signal from May 15 through September
Farms Highway Bridge, mile 2.0 be- 15 from 9 a.m. to 5 p.m. From Sep-
tween Egbert and Lower Hastings tember 16 through May 14, the draw
Tracts, must be removed for the pas- shall open on signal from 9 a.m. to 5
sage of vessels if at least 72 hours no- p.m. from Thursday through Monday.
tice is given to the Hastings Island At all other times, the draw shall open
Land Company office at Rio Vista. on signal if at least 12 hours notice is
[USCG200110881, 71 FR 70309, Dec. 4, 2006] given to the San Joaquin County De-
partment of Public Works at Stockton.
117.167 Little Potato Slough. (b) The draw of the Burlington
Northern Santa Fe railroad bridge,
The draw of the California Depart-
mile 9.8 near Middle River Station,
ment of Transportation highway
bridge, mile 0.1, at Terminus, shall
notice is given to the Burlington
open on signal if at least 4 hours notice
Northern Santa Fe Railway Manager of
is given to the drawtender at the Rio
Structures at San Bernadino.
Vista bridge across the Sacramento
(c) The California Route 4 Bridge,
River, mile 12.8.
mile 15.1, between Victoria Island and
[CGD119502, 61 FR 17248, Apr. 19, 1996] Drexler Tract need not open for the
passage of vessels.
117.169 Mare Island Strait and the
Napa River. [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
37381, Sept. 24, 1984, as amended by CGD 12
(a) The draw of the Mare Island 8501, 50 FR 26559, June 27, 1985; USCG2000
Drawbridge, mile 2.8, at Vallejo shall 7223, 65 FR 40056, June 29, 2000]
open on signal between the hours of 9
a.m. and 7 p.m. daily, and upon two 117.173 Miner Slough.
hours advance notice all other times. The draw of the California Depart-
When the drawbridge operator is ment of Transportation highway
present, mariners may contact the bridge, mile 5.5 between the northerly
drawbridge via marine radio or tele- end of Ryer Island and Holland Tract,
phone at (707) 6484313 for drawspan op- shall open on signal if at least 12 hours
eration. When the drawbridge operator notice is given to the drawtender at
is not present, mariners may contact the Rio Vista bridge across the Sac-
the City of Vallejo via the same tele- ramento River, mile 12.8.
551
117.175 33 CFR Ch. I (7112 Edition)
117.175 Mokelumne River. 117.177 Mud Slough.

(a) The draw of the California De- The draw of the Union Pacific rail-
partment of Transportation highway road bridge, mile 0.7 near Alviso, shall
bridge, the Mokelumne River Bridge, open on signal if at least 24 hours no-
mile 3.0, at East Isleton shall open tice is given.
upon signal as follows:
(1) From November 1 through April 30 117.179 Newark Slough.
from 9 a.m. to 5 p.m. The draw of the San Mateo County
(2) From May 1 through October 31 Transportation Department railroad
from 6 a.m. to 10 p.m., except that dur- bridge, mile 0.5 near Newark, shall
ing the following periods the draw need open on signal if at least 24 hours no-
only open for recreational vessels on tice is given to the San Mateo Trans-
the hour, 20 minutes past the hour, and portation Department, at San Carlos.
40 minutes past the hour: [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
Saturdays 10 a.m. until 2 p.m.
June 30, 1998]
Sundays 11 a.m. until 6 p.m.
Memorial Day; 4th of July; and Labor Day 11 117.181 Oakland Inner Harbor Tidal
a.m. until 6 p.m. Canal.
(3) At all other times the draw shall The draws of the Alameda County
open on signal if at least 4 hours notice highway drawbridges at Park Street,
is given to the drawtender at Rio Vista mile 5.2; Fruitvale Avenue, mile 5.6;
bridge over the Sacramento River, mile and High Street, mile 6.0; and the U.S.
12.8. Army Corps of Engineers railroad
(4) Emergency vessels of the United drawbridge, mile 5.6 at Fruitvale Ave-
States, state or commercial vessels en- nue, shall open on signal; except that,
gaged in rescue or emergency salvage from 8 a.m. to 9 a.m. and 4:30 p.m. to
operations, and vessels in distress shall 6:30 p.m. Monday through Friday ex-
be passed as soon as possible but no cept Federal holidays, the draws need
later than one hour after notice is not be opened for the passage of ves-
given. sels. However, the draws shall open
during the above closed periods for ves-
(b) The draw of the Sacramento and
sels which must, for reasons of safety,
San Joaquin Counties (Millers Ferry) move on a tide or slack water, if at
highway bridge, mile 12.1 over the least two hours notice is given.
North Fork of the Mokelumne River
near Walnut Grove, shall open on sig- [CGD 111199013, 66 FR 18725, Apr. 11, 2001,
nal from May 1 through October 31 as amended by USCG200110881, 71 FR 70309,
Dec. 4, 2006]
from 9 a.m. to 5 p.m. At all other
times, the draw shall open on signal if 117.183 Old River.
at least 12 hours notice is given to the
San Joaquin County Department of The draw of the California Depart-
Public Works at Stockton. ment of Transportation (Route 4) high-
way bridge, mile 14.8 between Victoria
(c) The removable span of the San
Island and Byron Tract, shall open on
Joaquin County highway bridge over
signal from May 1 through October 31
the South Fork of the Mokelumne
from 6 a.m. to 10 p.m. and from Novem-
River, mile 18.0 at New Hope Landing, ber 1 through April 30 from 9 a.m. to 5
shall be removed as soon as possible p.m. At all other times, the draw shall
upon notification by the District Com- open on signal if at least four hours no-
mander that an emergency exists tice is given to the drawtender at the
which requires the removal. Rio Vista bridge across the Sac-
(d) The draws of the bridges above ramento River, mile 12.8.
New Hope Landing need not be opened
for the passage of vessels. 117.185 Pacheco Creek.
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as The draw of the Contra Costa County
amended by CGD 119210, 58 FR 33339, June highway bridge, mile 1.0, and Union Pa-
17, 1993] cific Railroad bridge, mile 1.1, both
552
near Martinez, shall open on signal if 117.191 San Joaquin River.

at least 24 hours notice is given.
(a) The draw of the Port of Stockton
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as railroad bridge, mile 39.7 at Stockton,
amended by CGD 128502, 50 FR 20758, May shall open on signal if at least 12 hours
20, 1985] notice is given to the Port Director.
(b) The draws of the U.S. Navy Draw-
117.187 Petaluma River. bridge, mile 39.8, Burlington Northern
(a) The draws of the Northwestern Santa Fe railroad bridge, mile 40.6, and
Pacific railroad bridges, mile 0.8 at California Highway 4 bridge (Garwood
Blackpoint and mile 12.4 at Haystack Bridge), mile 41.6, need not be opened
Landing, shall be maintained in the for the passage of vessels. The owners
fully open position, except for the or agencies controlling the bridges
crossing of trains or for maintenance. shall restore the draws to full oper-
When the draw is closed and visibility ation within six months of notification
from the drawtenders station is less to take such action from the District
than one mile up or down the channel, Commander.
the drawtender shall sound two long (c) Drawbridges above the Old River
blasts every minute. When the draw is junction need not open for the passage
reopened, the drawtender shall sound of vessels.
three short blasts. [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
(b) The draw of the Petaluma high- amended by CGD 128506, 50 FR 31177, Aug. 1,
way bridge at D Street, mile 13.7 at 1985; CGD 88052, 53 FR 25120, July 1, 1988;
Petaluma, shall open on signal if at USCG19995832, 64 FR 34712, June 29, 1999]
least four hours notice is given for
openings from 6 a.m. to 6 p.m., and if at 117.193 San Leandro Bay.
least 24 hours notice is given for open- The drawspans of the California De-
ings from 6 p.m. to 6 a.m. partment of Transportation Highway
and Bicycle drawbridges, mile 0.0 and
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
amended by CGD 118810, 53 FR 51099, Dec.
mile 0.1, between Alameda and Bay
20, 1988; USCG200110881, 71 FR 70309, Dec. 4, Farm Island, must open on signal; ex-
2006] cept that, from 5 a.m. to 8 a.m. and 5
p.m. to 9 p.m., the drawspans must
117.189 Sacramento River. open on signal if at least 12 hours no-
tice is given. Notice must be given to
(a) The draws of each bridge from
the drawtender of the Bay Farm Island
Isleton to American River junction
drawbridges from 8 a.m. to 5 p.m. and
shall open on signal from May 1
to the drawtender of the Park Street
through October 31 from 6 a.m. to 10 Drawbridge at Alameda at all other
p.m. and from November 1 through times. The drawspans need not be
April 30 from 9 a.m. to 5 p.m. At all opened for the passage of vessels from
other times, the draws shall open on 9 p.m. to 5 a.m.
signal if at least four hours notice is
given to the drawtender at the Rio [USCG200110881, 71 FR 70309, Dec. 4, 2006]
Vista bridge across the Sacramento
River, mile 12.8. 117.195 Snodgrass Slough.
(b) The draws of the California De- The draw of the Sacramento County
partment of Transportation bridges, bridge, mile 4.4 at Walnut Grove, shall
mile 90.1 at Knights Landing, and mile open on signal if at least 72 hours no-
135.5 at Meridian, shall open on signal tice is given to Sacramento County
if at least 12 hours notice is given to Transportation Operations and Mainte-
the California Department of Transpor- nance office at Sacramento.
tation at Marysville.
[CGD119302, 59 FR 13248, Mar. 21, 1994, as
(c) The draws of the bridges above amended by USCG200110881, 71 FR 70309,
Meridian need not be opened for the Dec. 4, 2006]
passage of vessels.
117.197 Sonoma Creek.
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
amended by CGD 128601, 51 FR 20483, June The draw of the Northwestern Pacific
5, 1986] railroad bridge, mile 5.4 at Wingo, shall
553
117.199 33 CFR Ch. I (7112 Edition)
open on signal if at least 24 hours no- from the time the opening was re-
tice is given. quested.
(c) The draw of the Route 82 Bridge,
117.199 Steamboat Slough. mile 16.8, at East Haddam, shall open
The draw of the California Depart- on signal except that, from 15 May to
ment of Transportation highway 31 October, between 9 a.m. and 9 p.m.,
bridge, mile 11.2 at the head of Grand the draw need open for recreational
Island, shall open on signal from May 1 vessels on the hour and half-hour only.
through October 31 from 6 a.m. to 10 The draw shall open on signal for com-
p.m. At all other times, the draw shall mercial vessels at all times.
open on signal if at least four hours no-
tice is given to the drawtender at the [CGD0195009, 63 FR 10140, Mar. 2, 1998]
Rio Vista bridge across the Sac-
ramento River, mile 12.8. 117.207 Housatonic River.
(a) The draw of the US 1 Bridge, mile
117.201 Sutter Slough. 3.5, at Stratford, shall open on signal;
The draw of the Sacramento County except that, from 7 a.m. to 9 a.m., Mon-
highway bridge, mile 6.4 near day through Friday, and 4 p.m. to 5:45
Courtland, need not be opened for the p.m. daily, the draw need not open for
passage of vessels. However, the draw the passage of vessels. From December
shall be returned to operable condition 1 through March 31, from 8 p.m. to 4
within six months after notification by a.m., the draw shall open on signal if at
the District Commander to do so. least six-hours notice is given by call-
CONNECTICUT ing the number posted at the bridge.
(b) The draw of the Metro-North
117.202 Cold Spring Brook. (Devon) bridge, mile 3.9 at Stratford,
The draw of the footbridge, mile 0.1 shall operate as follows:
at Saybrook, shall open within 15 min- (1) The draw shall open on signal; ex-
utes of a mariners request by tele- cept as follows:
phone. To enable mariners to request (i) From 7 a.m. to 9 a.m. and from 4
bridge openings, the owner shall main- p.m. to 5:45 p.m. Monday through Fri-
tain and monitor a telephone at the day except Federal holidays or an
bridge and provide a means for mari- emergency, the draw need not be
ners to secure their boats upstream opened for the passage of vessels.
and downstream of the bridge in order (ii) From 5:30 a.m. to 7 a.m. and from
to use this telephone. 5:45 p.m. to 8:15 p.m. except Saturdays,
[CGD3 8633, 52 FR 5536, Feb. 25, 1987] Sundays, and Federal holidays, the
draw need not be opened more than
117.205 Connecticut River. once in any 60 minute period.
(a) The owners of the AMTRAK Old (iii) From 9 p.m. to 5 a.m., the draw
Saybrook-Old Lyme Bridge, mile 3.4 shall open on signal if notice is given
the Route 82 Bridge, mile 16.8, and the to the chief dispatcher of the railroad
CONRAIL Middletown-Portland Bridge, before 4 p.m. on the day of the intended
mile 32.0, shall provide, and keep in passage.
good legible condition, clearance (2) A delay in opening the draw shall
gauges with figures not less than not exceed 20 minutes for the passage
twelve (12) inches which designed, in- of approaching trains from the time of
stalled and maintained according to the request.
the provisions of 118.160 of this chap-
ter. [CGD 82025, 49 FR 43458, Oct. 29, 1984, as
(b) The draws of the AMTRAK Old amended by CGD3 8542, 50 FR 26711, June 28,
1985; CGD0199085, 64 FR 60673, Nov. 8, 1999]
Saybrook-Old Lyme Bridge, mile 3.4,
and the CONRAIL Middletown-Port- 117.209 Mianus River.
land Bridge, mile 32.0, shall be opened
as soon as practicable for all non-com- The draw of the Metro-North bridge,
mercial vessels that cannot pass under mile 1.0 at Greenwich, shall operate as
the closed draws, but in no case shall follows:
the delay be more than 20 minutes (a) From 5 a.m. to 9 p.m.
554
(1) The draw shall open on signal im- tice is given by calling the number
mediately for the passage of commer- posted at the bridge.
cial vessels and as soon as practicable [CGD 82025, 49 FR 43458, Oct. 29, 1984, as
but no later than 20 minutes after the amended by CGD3 8431, 50 FR 26710, June 28,
signal to open for the passage of all 1985; CGD0199079, 64 FR 60675, Nov. 8, 1999;
other vessels. CGD0103115, 69 FR 31008, June 2, 2004]
(2) When a train scheduled to cross
the bridge without stopping has passed 117.213 New Haven Harbor,
the Greenwich or Riverside stations Quinnipiac and Mill Rivers.
and is in motion toward the bridge, the The draws of the Tomlinson bridge,
draw shall open as soon as the train mile 0.0, the Ferry Street bridge, mile
has crossed the bridge. 0.7, and the Grand Avenue bridge, mile
(b) The draw shall open on signal 1.3, across Quinnipiac River, and the
from April 1 through October 31, from 9 Chapel Street bridge, mile 0.4 across
p.m. to 5 a.m., after at least a four- Mill River, shall operate as follows:
hour advance notice is given and from (a) The draws shall open on signal;
November 1 through March 30, from 9 except as follows:
p.m. to 5 a.m., after at least a twenty- (1) From 7:30 a.m. to 8:30 a.m., noon
four-hour advance notice is given by to 12:15 p.m., 12:45 p.m. to 1 p.m., and
calling the number posted at the 4:45 p.m. to 5:45 p.m., the draws need
bridge. not be opened.
(2) From 9 p.m. to 5 a.m. from Octo-
[CGD 82025, 49 FR 43458, Oct. 29, 1984, as
ber 1 through April 30, the draw of the
amended by GCD0100228, 69 FR 32447, June
10, 2004; CGD0100228, 70 FR 75939, Dec. 22, Ferry Street bridge, Quinnipiac River,
2005] shall open on signal, unless the
drawtender is at the Grand Avenue or
117.211 Mystic River. Chapel Street bridges. In this event, a
delay of up to one hour may be ex-
(a) The draw of the Amtrak railroad
pected.
bridge, mile 2.4 at Mystic, shall operate
(3) From 11 p.m. to 7 a.m., the draw of
as follows:
the Grand Avenue bridge, Quinnipiac
(1) From April 1 to October 31, the River, shall open on signal if at least
draw shall open on signal. one hour notice is given to the
(2) From November 1 to March 31, the drawtender at the Ferry Street bridge.
draw shall open on signal from 5 a.m. In the event that the drawtender is at
to 9 p.m. From 9 p.m. to 5 a.m., the the Chapel Street bridge, a delay of up
draw shall open on signal if at least to an additional hour may be expected.
eight hours notice is given. (4) From 9 p.m. to 5 a.m., the draw of
(3) Commercial vessels shall be the Chapel Street bridge, Mill River,
passed immediately at any time; how- shall open on signal if at least one hour
ever, the opening may be delayed up to notice is given to the drawtender at
eight minutes to allow trains, which Ferry Street bridge. In the event that
have entered the drawbridge block and the drawtender is at the Grand Avenue
are scheduled to cross the bridge with- bridge, a delay of up to an additional
out stopping, to clear the block. hour may be expected.
(4) All other vessels shall be passed as (b) Public vessels of the United
soon as practicable but no later than 20 States, state or local vessels used for
minutes after the signal to open is public safety, commercial vessels and
given. vessels in distress, shall notify the op-
(b) The draw of the U.S. 1 Bridge, erator of the Tomlinson and the Ferry
mile 2.8, at Mystic, shall open on signal Street bridges and shall be passed
except: through each of the bridges listed in
(1) From May 1 through October 31, this section as soon as possible at any-
from 7:40 a.m. to 6:40 p.m., the draw time.
need only open hourly at twenty min- (c) The sound signals for requesting
utes before the hour. the opening of each bridge are as fol-
(2) From November 1 through April lows:
30, from 8 p.m. to 4 a.m., the draw shall (1) The Tomlinson bridge, two short
open on signal if at least six-hours no- blasts of a whistle or horn.
555
117.215 33 CFR Ch. I (7112 Edition)
(2) The Ferry Street bridge, one short in opening the draw may occur until
blast of a whistle or horn. the train has cleared the block.
(3) The Grand Avenue bridge, one (b) The draw of the S156 Bridge, mile
prolonged blast of a whistle or horn. 0.1, at Niantic, shall open on signal; ex-
(4) The Chapel Street bridge, three cept that, from 7 a.m. to 8 a.m., and 4
short blasts of a whistle or horn. p.m. to 5 p.m., Monday through Friday,
(d) The drawtender shall acknowl- except holidays, the draw shall open
edge sound signals in the following only for the passage of commercial ves-
manner: sels. From December 1 through March
(1) When the draw can be opened im- 31, from 8 p.m. to 4 a.m., the draw shall
mediately, the same signal as the reopen on signal if at least six hours no-
questing signal. tice is given by calling the number
(2) When the draw cannot be opened posted at the bridge.
immediately, or is open and must
close, the drawtender shall sound four [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
37381, Sept. 24, 1984; CGD0199087, 64 FR
short blasts of a whistle or horn, to be
61519, Nov. 12, 1999]
repeated until acknowledged by the
vessel by the same signal. 117.217 Norwalk River.
(3) When the draw can be reopened,
the drawtender shall sound the opening (a) The draw of the Washington
signal and open the draw if any vessels Street S136 Bridge, mile 0.0, at Nor-
are waiting to pass. walk, shall operate as follows:
(e) The following visual signal may (1) The draw shall open on signal; ex-
be used in addition to sound signals for cept that, from 7 a.m. to 8:45 a.m., 11:45
requesting the opening of each bridge a.m. to 1:15 p.m., and 4 p.m. to 6 p.m.,
when sound signals may not be heard. Monday through Friday, except holi-
A white flag by day or a white light by days, the draw need not be opened for
night shall be swung in full circle at the passage of vessels that draw less
arms length in full sight of the bridge than 14 feet of water.
and facing the draw. (2) The draw need not open for the
(f) The drawtender shall acknowledge passage of vessel traffic, from 10 a.m.
visual signals in the following manner: to 12 p.m., on the first Saturday in De-
(1) When the draw can be opened im- cember, to facilitate the running of the
mediately, a white flag by day or a annual Norwalk River Fun Run. Should
green light by night swung up and inclement weather force the postpone-
down vertically a number of times in ment of the race the above bridge clo-
full sight of the vessel. sure shall be implemented the next
(2) When the draw cannot be opened day, the first Sunday after the first
immediately, or is open and must Saturday in December, from 10 a.m. to
close, a red flag by day or a red light 12 p.m.
by night, swung back and forth hori- (3) The bridge opening signal is three
zontally in full sight of the vessel, to short blasts. Vessels drawing 14 feet of
be repeated until acknowledged by the water or more shall add one prolonged
vessel by the same signal. blast after the three short blasts.
[CGD 82025, 49 FR 43459, Oct. 29, 1984, as (b) The draw of the Metro-North
amended by CGD3 8542, 50 FR 26711, June 28, WALK bridge, mile 0.1 at Norwalk,
1985] shall open on signal as follows:
(1) From 5 a.m. to 9 p.m., except that,
117.215 Niantic River. from Monday through Friday excluding
(a) The draw of the Amtrak bridge, holidays, the draw need not be opened
mile 0.0 at Niantic, shall open on sig- from 7 a.m. to 8:45 a.m. and 4 p.m. to 6
nal; except that, from April 1 through p.m., unless an emergency exists.
October 31 from 8 p.m. to 4 a.m. and (2) Only once in any 60-minute period
from November 1 through March 31 from 5:45 a.m. to 7 a.m. and 6 p.m. to
from 6 p.m. to 6 a.m., the draw shall 7:45 p.m.
open on signal if at least one hour no- (3) From 9 p.m. to 5 a.m., if at least
tice is given. When a train scheduled to four hours notice is given.
cross the bridge without stopping has (4) A delay of up to 20 minutes may
entered the drawbridge block, a delay be expected if a train is approaching so
556
closely that it may not be safely (b) The draw of the Metro-North
stopped. SAGA Bridge, mile 1.1 at Saugatuck
shall operate as follows:
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
amended by CGD3 8542, 50 FR 26711, June 28, (1) Year-round need not open:
1985; CGD0107019, 72 FR 51180, Sept. 6, 2007] (i) Weekdays from 7 a.m. to 8:10 a.m.
and 5:30 p.m. to 7 p.m. except on Fed-
117.219 Pequonnock River. eral holidays;
(a) The draw of the Stratford Avenue (ii) From 9 p.m. to 5 a.m.
(2) From October 1May 31, open on
Bridge at mile 0.1, at Bridgeport, shall
signal:
open on signal; except that, from 6:45
(i) Weekdays from 8:10 a.m.4 p.m.;
a.m. to 7:15 a.m., 7:45 a.m. to 8:15 a.m.,
(ii) Weekends and Federal holidays 7
11:45 a.m. to 1:15 p.m., and 4:30 p.m. to
a.m.4 p.m.;
6:10 p.m., the draw need not open for
(iii) If at least eight hours notice is
the passage of vessel traffic. From De-
given: daily, from 5 a.m.7 a.m., 4 p.m.
cember 1 through March 31, from 8 p.m.
5:30 p.m. and 7 p.m.9 p.m., and week-
to 4 a.m., the draw shall open on signal
ends and Federal holidays from 5:30
if at least a six-hour notice is given by
p.m.7 p.m.
calling the number posted at the
(3) From June 1September 30, open
bridge.
on signal 5 a.m.9 p.m., except as pro-
(b) The draw of the Metro-North
vided in paragraph (b)(1)(i) of this sec-
Peck Bridge at mile 0.3, at Bridgeport,
tion.
shall open on signal or after three (4) A delay in opening the draw not
blasts as follows: to exceed 10 minutes may occur when a
(1) From 5:45 a.m. to 9 p.m. except: train scheduled to cross the bridge
(i) From Monday through Friday, ex- without stopping has entered the draw-
cluding holidays or emergencies, the bridge block.
draw need not be opened from 6:45 a.m. (c) The draw of the Route 136 Bridge,
to 7:15 a.m., 7:45 a.m. to 8:15 a.m., and mile 1.3 at Saugatuck shall operate as
4:30 p.m. to 6:10 p.m. follows:
(ii) From Monday through Friday, (1) Year-round, need not open week-
excluding holidays or emergencies, the days, except Federal holidays, from 7
draw need not be opened more than a.m. to 8:30 a.m. and 5:30 p.m. to 7:30
once during the periods from 5:45 a.m. p.m.
to 6:45 a.m., 7:15 a.m. to 7:45 a.m., 8:15 (2) From April 15October 31, open on
a.m. to 9 a.m., and 6:10 p.m. to 8:15 p.m. signal if at least two hours notice is
(2) From 9 p.m. to 5:45 a.m., the draw given, except as provided in paragraph
shall open on signal if at least an (c)(1) of this section.
eight-hour notice is given by calling (3) From November 1April 14, open
the number posted at the bridge. on signal:
(3) The draw need not open on signal (i) From 8:30 a.m. to 3 p.m. if at least
if a train is approaching so closely that eight hours notice is given;
it may not be safely stopped; however, (ii) From 3 p.m. to 8:30 a.m., if at
any delay in opening the draw shall not least 24 hours notice is given, except as
exceed seven minutes from the time provided in paragraph (c)(1) of this sec-
the request to open is received. tion.
(c) The draw of the East Washington
Street Bridge at mile 0.6, shall open on [CGD 82087, 50 FR 13319, Apr. 4, 1985, as
signal or after one prolonged blast fol-
Dec. 4, 2006]
lowed by two short blasts, if at least a
twenty four hour notice is given by 117.223 Shaw Cove.
calling the number posted at the
The draw of the Amtrak bridge, mile
bridge.
0.0 at New London, shall open on signal
[ USCG20100787, 75 FR 55477, Sept. 13, 2010] from December 1 through March 31
from 8 a.m. to 5 p.m. Monday through
117.221 Saugatuck River. Friday. From December 1 through
(a) Public vessels of the United March 31 from 5 p.m. to 8 a.m. and on
States must be passed through as soon Saturdays and Sundays, the draw shall
as possible. open on signal if at least eight hours
557
117.224 33 CFR Ch. I (7112 Edition)
notice is given. From April 1 through 117.233 Broad Creek.

November 30 from 5 a.m. to 10 p.m., the
(a) The draw of the Conrail Bridge,
draw shall open on signal; and, from 10 mile 8.0 at Laurel, shall open on signal
p.m. to 5 a.m., the draw shall open on if at least four hours notice is given.
signal if at least one hour notice is (b) The draws of the Poplar Street
given. A delay of up to 10 minutes may Bridge, mile 8.2, and the U.S. 13A
be expected if a train is approaching so Bridge, mile 8.2, all at Laurel, shall
closely that it may not be safety open on signal if at least 48 hours no-
stopped. When a vessel is in an emer- tice is given.
gency that may endanger life or prop-
erty, the draw shall open as soon as [CGD0506044, 71 FR 53325, Sept. 11, 2006]
possible.
117.234 Cedar Creek.
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
The SR 36 Bridge, mile 0.5 in Cedar
43459, Oct. 29, 1984]
Beach, shall open on signal. From April
117.224 Thames River. 1 through November 30 from 2 a.m. to 4
a.m.; and from December 1 through
The draw of the Amtrak bridge, mile March 31 from 6:30 p.m. to 6 a.m., the
3.0 in New London, shall open draw shall open on signal if at least
(a) Immediately on signal for public four hours notice is given.
vessels of the United States and com-
[CGD0506044, 71 FR 53325, Sept. 11, 2006]
mercial vessels; except, when a train
scheduled to cross the drawbridge, 117.235 Chesapeake and Delaware
without stopping, has passed the Mid- Canal.
way, Groton, or New London stations
and is in motion toward the draw- The draw of the Conrail bridge, mile
bridge, the drawspan must not be 7.7, shall open on signal. The following
opened for the passage of any vessel light signals, located in the center of
until the train has crossed the draw- the drawspan on both sides of the
bridge; and bridge, shall be used:
(a) When the draw is to be opened im-
(b) As soon as practicable for all
mediately, one fixed amber light.
other vessels but no later than 20 min-
(b) When the draw is not ready to be
utes after the signal to open is given.
opened, one flashing red light.
[CGD 82025, 49 FR 43459, Oct. 29, 1984, as
amended by USCG200110881, 71 FR 70309, 117.237 Christina River.
Dec. 4, 2006] (a) The owners of the bridges on this
waterway:
117.225 Yellow Mill Channel.
(1) Shall provide and keep in good
The drawspan of the Stratford Ave- legible condition two board gages
nue Bridge, mile 0.3 at Bridgeport, painted white with black figures not
must open on signal if at least 24-hours less than six inches high to indicate
notice is given. Public vessels of the the vertical clearance under the closed
United States must pass through as draw at all stages of the tide. The
soon as possible. gages shall be so placed on the bridges
that they are plainly visible to the op-
[USCG200110881, 71 FR 70310, Dec. 4, 2006]
erator of each vessel approaching the
DELAWARE bridge either up or downstream.
(2) Shall open on signal except that
117.231 Brandywine Creek. the draw of a railroad bridge need not
be opened when a train is in the bridge
The draw of the Conrail bridge, mile block, approaching the bridge, or with-
1.1, the Church Street bridge, mile 1.3, in 5 minutes of the passage of a pas-
and the Sixteenth Street bridge, mile senger train; but in no event shall the
1.7, all at Wilmington, need not be opening of the draw be delayed more
opened for the passage of vessels. than 10 minutes.
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as (b) The draw of the Norfolk Southern
amended by CGD3 8542, 50 FR 26712, June 28, Railroad Bridge, mile 1.4 at Wil-
1985] mington, shall operate as follows:
558
(1) The draw shall remain in the open road Bridge over Christina River at
position for navigation. The draw shall mile 1.4 is open for river traffic. Ves-
only be closed for train crossings or sels shall stay clear of both channels as
periodic maintenance authorized in ac- to not interfere with infrared detec-
cordance with subpart A of this part. tors, until green lights are displayed on
(2) The bridge shall be operated by the swing span.
the controller at the Harrisburg, PA (c) The draw of the Third Street
Dispatchers Office. The controller Bridge, mile 2.3 and Walnut Street
shall monitor vessel traffic with closed bridge, mile 2.8, both at Wilmington
circuit cameras and infrared sensors shall open on signal. The draw of the
covering the swing radius. Operational Market Street Bridge, mile 3.0 at Wil-
information will be provided 24 hours a mington shall open on signal if at least
day on marine channel 13 and via tele- eight hours notice in given. From 7
phone (717) 5412140. a.m. to 8 a.m. and 4:30 p.m. to 5:30 p.m.,
(3) The bridge shall not be operated Monday through Saturday except holi-
from the remote location in the fol- days, the draws of these three bridges
lowing events: Failure or obstruction need not be opened for the passage of
of the infrared sensors, closed-circuit vessels. Any vessel which has passed
cameras or marine-radio communica- through one or more of these bridges
tions, or anytime controllers visibility immediately prior to a closed period
is inhibited. In these situations, a and which requires passage through the
bridge tender with Norfolk Southern other bridge or bridges in order to con-
must be called and on-site within 30 tinue to its destination shall be passed
minutes. through the draw or draws of the
(4) Before the bridge closes for any bridge or bridges without delay. The
reason, the remote operator will mon- draws of these bridges shall open at all
itor waterway traffic in the area. The times as soon as possible for passage of
bridge shall only be closed if the off- a public vessel of the United States.
site remote operators visual inspec- (d) The draws of the Norfolk South-
tion shows that the channel is clear ern Railroad bridges, at miles 4.1 and
and there are no vessels transiting in 4.2, both at Wilmington, shall open on
the area. While the bridge is moving, signal from 6 a.m. to 8 p.m. if at least
the operator shall maintain constant 24 hours notice is given. From 8 p.m. to
surveillance of the navigation channel. 6 a.m., the draws need not be opened
(5) Before closing the draw, the chan- for the passage of vessels.
nel traffic lights would change from (e) The draw of the SH141 bridge,
flashing green to flashing red, the horn mile 7.5 at Wilmington, shall open on
will sound five short blasts, and an signal if at least 24 hours notice is
audio voice warning stating, Atten- given.
tion, Attention. Norfolk Southern
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
Railroad Bridge over Christina River at
amended by CGD3 8406, 49 FR 33448, Aug. 23,
milepost 1.4 will be closing to river 1984, CGD3 8542, 50 FR 26712, June 28, 1985;
traffic. Five short blasts of the horn CGD 87035, 52 FR 33812, Sept. 8, 1987; CGD05
will continue until the bridge is seated 04168, 70 FR 4016, Jan. 28, 2005]
and locked down to vessels. The chan-
nel traffic lights will continue to flash 117.239 Lewes and Rehoboth Canal.
red. (a) The draw of the Savannah Road/
(6) When the rail traffic has cleared, SR 18 Bridge, at mile 1.7, in Lewes
the horn will sound one prolonged blast shall open on signal if at least four
followed by one short blast to indicate hours notice is given.
the draw is opening to vessel traffic. (b) The draw of the SR 14A Bridge, at
During the opening swing movement, mile 6.7, in Rehoboth shall open on sig-
the channel traffic lights would flash nal if at least 24 hours notice is given.
red until the bridge returns to the fully
open position. In the full open position [CGD0506089, 72 FR 5619, Feb. 7, 2007]
to vessels, the bridge channel lights
will flash green followed by an an- 117.241 Mispillion River.
nouncement stating, Security, secu- The draw of the Route 1/Rehoboth
rity, security. Norfolk Southern Rail- Blvd. Bridge, at mile 11.0, at Milford
559
117.243 33 CFR Ch. I (7112 Edition)
shall open on signal if at least 24 hours (i) At all times for public vessels of
notice is given. the United States, state and local gov-
ernment vessels, commercial vessels
[CGD0506089, 72 FR 5619, Feb. 7, 2007, as
amended by USCG20110257, 76 FR 31837, and any vessels in an emergency in-
June 2, 2011] volving danger to life or property.
(ii) Between 9 a.m. and 12 p.m. and
117.243 Nanticoke River. between 1 p.m. and 6 p.m. from May 15
(a) The draw of the Norfolk Southern through September 30.
Railway Bridge, mile 39.4 in Seaford, (iii) Between 6 p.m. and 7 p.m. from
will operate as follows: May 15 through September 30 if notice
(1) From March 15 through November is given to the controller at the
15, the draw will open on signal for all Benning Yard office not later than 6
vessels except that from 11 p.m. to 5 p.m. on the day for which the opening
a.m. at least 212 hours notice will be re- is requested.
quired. (iv) At all other times, if at least 48
hours of notice is given to the con-
(2) At all times, from November 16
troller at the Benning Yard Office.
through March 14, the draw will open
(2) The CSX Railroad Bridge shall not
on signal if at least 212 hours notice is
be operated by the controller at the
given.
Benning Yard office in the event of
(3) When notice is required, the
failure or obstruction of the motion
owner operator of the vessel must pro-
sensors, laser scanners, video cameras
vide the train dispatcher with an esti-
or marine-radio communications, In
mated time of passage by calling (717)
these situations, a bridge tender must
2150379 or (609) 4124338.
be called to operate the bridge on-site.
(b) The draw of the SR 13 Bridge,
(3) Except as provided in 117.31(b),
mile 39.6 in Seaford, shall open on sig-
opening of the draw shall not exceed
nal, except from 6 p.m. to 8 a.m., from
ten minutes after clearance of rail traf-
April 1 through October 31; from No-
fic.
vember 1 through March 31, Monday to
(4) A horn will sound one prolonged
Friday, and on Saturday and Sunday
blast followed by one short blast to in-
from 3:30 p.m. to 7:30 a.m., if at least
dicate that the CSX Railroad Bridge is
four hours notice is given.
moving to the full open position for
[CGD0506044, 71 FR 53325, Sept. 11, 2006] vessel traffic. During open span move-
ment, the channel traffic lights will
117.245 Smyrna River. flash red until the bridge is in the full
The draw of the Delaware highway open position to vessels. In the full
bridge, mile 4.0 at Flemings Landing, open position to vessels, the bridge
shall open on signal if at least 24 hours channel traffic lights will flash green.
notice is given. (5) A horn will sound five short
blasts, the channel traffic lights will
DISTRICT OF COLUMBIA flash red, and an audio voice-warning
device will announce bridge movement
117.253 Anacostia River. during closing span movement. Five
(a) The draw of the Frederick Doug- short blasts of the horn will continue
lass Memorial (South Capitol Street) until the bridge is seated in and locked
bridge, mile 1.2, shall open on signal if down. When the bridge is seated and in
at least 24 hours notice is given. The locked down position to vessels, the
draw is closed to the passage of vessels channel traffic lights will continue to
on each Presidential Inauguration Day flash red.
and may occasionally be closed with- (6) The owners of the bridge shall
out advance notice to permit uninter- provide and keep in good legible condi-
rupted transit of dignitaries across the tion two board gauges painted white
bridge. with black figures not less than six
(b) The CSX Railroad Bridge, mile inches high to indicate the vertical
3.4. clearance under the closed draw at all
(1) The draw of the bridge to be oper- stages of the tide. The gauges shall be
ated by the controller at the Benning placed on the bridge so that they are
Yard office shall open on signal: plainly visible to the operator of any
560
vessel approaching the bridge from ei- that passage at least 12 hours in ad-
ther upstream or downstream. vance at (703) 8362396; and
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR (ii) the owner or operator of the ves-
37381, Sept. 24, 1984, as amended by CGD588 sel notifies the bridge tender at least 4
004, 53 FR 9627, Mar. 23, 1988; CGD0595081, 61 hours in advance of the requested time
FR 57586, Nov. 7, 1996; CGD0504028, 69 FR for that passage.
47773, Aug. 6, 2004; USCG20110591, 77 FR (6) A recreational vessel may pass
14970, Mar. 14, 2012] through the drawspan at any time it is
open for the passage of a commercial
117.255 Potomac River. vessel.
(a) The draw of the Woodrow Wilson (b) The draws of all other bridges
Memorial (I95) bridge, mile 103.8, be- need not be opened for the passage of
tween Alexandria, Virginia, and Oxon vessels.
Hill, Maryland (c) This section is also issued under
(1) Shall open on signal at any time the authority of Pub. L. 102587, 106
only for a vessel in distress, notwith- Stat. 5039.
standing the provisions of 117.31.
(2) Shall open for the passage of a [CGD 90064, 57 FR 54178, Nov. 17, 1992; as
commercial vessel at any time except: amended byCGD0506083, 71 FR 51480, Aug.
30, 2006; USCG200110881, 71 FR 70310, Dec. 4,
(i) From Monday through Friday (ex- 2006; 72 FR 50876, Sept. 5, 2007; USCG2008
cept Federal holidays), 5 a.m. to 8 p.m. 1216, 74 FR 31182, June 30, 2009]
(ii) Saturday, Sunday, and Federal
holidays, 2 p.m. to 7 p.m. FLORIDA
(3) Need not open for the passage of a
commercial vessel under paragraph 117.258 Apalachicola River.
(a)(2) of this section unless The draw of the CSX Railroad bridge,
(i) The owner or operator of the ves- mile 105.9, at River Junction shall open
sel provides the bridge tender with an on signal Monday through Friday from
estimate of the approximate time of 8 a.m. until 4 p.m. At all other times
that passage at least 12 hours in ad- the bridge will open on signal if at
vance at (703) 8362396; and least 4 hours notice is given.
(ii) the owner or operator of the ves-
sel notifies the bridge tender at least 4 [CGD0803007, 68 FR 43306, July 22, 2003]
hours in advance of the requested time
for that passage. 117.261 Atlantic Intracoastal Water-
way from St. Marys River to Key
(4) Shall open for the passage of a Largo.
recreational vessel at any time except:
(i) Monday through Friday (except (a) General. Public vessels of the
Federal holidays), 5 a.m. to 12 mid- United States and tugs with tows must
night; be passed through the drawspan of each
(ii) Saturday, Sunday, and Federal drawbridge listed in this section at
holidays, 7 a.m. to 12 midnight, except anytime.
as provided in paragraph (a)(4)(iii) of (b) McCormick Bridge, mile 747.5 at
this section; Jacksonville Beach. The draw shall open
(iii) Notwithstanding paragraph on signal; except that during April,
(a)(4)(ii) of this section, the bridge may May, October and November from 7
open beginning at 10 p.m. on Saturday, a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m.
Sunday, or a Federal holiday for the Monday through Friday except Federal
passage of a recreational vessel if the holidays, the draw need open only on
owner or operator of the vessel notifies the hour and half hour. During April,
the Bridge Tender of the time of that May, October and November from 12
passage by not later than 12 hours be- noon to 6 p.m. Saturdays, Sundays and
fore that time. Federal holidays, the draw need open
(5) Need not open for the passage of a only on the hour and half hour.
recreational vessel under paragraph (c) [Reserved]
(a)(4) of this section unless (d) Bridge of Lions (SR A1A) bridge,
(i) The owner or operator of the ves- mile 777.9 at St. Augustine. The draw
sel provides the bridge tender with an shall open on signal; except that, from
estimate of the approximate time of 7 a.m. to 6 p.m. the draw need open
561
117.261 33 CFR Ch. I (7112 Edition)
only on the hour and half-hour; how- (m)(n) [Reserved]

ever, the draw need not open at 8 a.m., (o) Jensen Beach (SR 707a) bridge, mile
12 noon, and 5 p.m. Monday through 981.4 at Stuart. The draw shall open on
Friday except Federal holidays. From 7 signal; except that from December 1
a.m. to 6 p.m. on Saturdays, Sundays through May 1, from 7 a.m. to 6 p.m.,
and Federal holidays the draw need Monday through Friday, except federal
only open on the hour and half-hour. holidays, the draw need open only on
(e)(f) [Reserved] the hour and half-hour.
(g) Memorial bridge, mile 830.6 at Day- (p) [Reserved]
tona Beach. The draw shall open on sig- (q) Indiantown Road bridge, mile 1006.2.
nal; except that, from 7:45 a.m. to 8:45 The draw shall open on the hour and
a.m. and 4:45 p.m. to 5:45 p.m. Monday half-hour.
through Saturday except Federal holi- (r) Donald Ross bridge, mile 1009.3, at
days, the draw need open only at 8:15 North Palm Beach. The draw shall open
a.m. and 5:15 p.m. on the hour and half-hour.
(h) Coronado Beach bridge (SR 44), mile (s) PGA Boulevard bridge, mile 1012.6,
845 at New Smyrna Beach. The Coronado at North Palm Beach. The draw shall
Beach bridge (SR 44), mile 845, shall open on the hour and half-hour.
open on signal, except that from 7 a.m. (t) Parker (US1) bridge, mile 1013.7, at
until 7 p.m., each day of the week, the Riviera Beach. The draw shall open on
draw need only open on the hour, twen- the quarter and three-quarter hour.
ty minutes past the hour and forty (u) Flagler Memorial (SR A1A) bridge,
minutes past the hour. mile 1020.8, at Palm Beach. The draw
(i) [Reserved] shall open on the quarter and three-
(j) NASA Railroad bridge, mile 876.6 quarter hour.
at Kennedy Space Center. (v) Royal Park (SR 704) bridge, mile
(1) The draw is not constantly tend- 1022.6, at Palm Beach. The draw shall
ed. open on the hour and half-hour.
(2) The draw is normally in the fully (w) Southern Boulevard (SR 700/80)
open position displaying flashing green bridge, mile 1024.7 at Palm Beach. The
lights to indicate that vessels may draw shall open on the quarter and
pass. three-quarter hour.
(3) When a train approaches the (x) Ocean Avenue bridge, mile 1031.0, at
bridge, it stops and the operator initi- Lantana. The draw shall open on the
ates a command to lower the bridge. hour and half-hour.
The lights go to flashing red and the (y) Ocean Avenue bridge, mile 1035.0, at
draw lowers and locks, providing scan- Boynton Beach. The draw shall open on
ning equipment reveals nothing under the hour and half-hour.
the draw. The draw remains down until (z) [Reserved]
a manual raise command is initiated, (z1) Atlantic Avenue (SR 806) bridge,
or will raise automatically 5 minutes mile 1039.6, at Delray Beach. The draw
after the intermediate track circuit is shall open on the quarter and three-
no longer occupied by a rail car. quarter-hour.
(4) After the train has cleared, the (z2) Linton Boulevard bridge, mile
draw opens and the lights return to 1041.1, at Delray Beach. The draw shall
flashing green. open on the hour and half-hour.
(k) State Road 402, Max Brewer bridge, (z3) Spanish River bridge, mile 1044.9,
mile 878.9 at Titusville. The draw shall at Boca Raton. The draw shall open on
open on signal; except that, from 6 a.m. the hour and half-hour.
to 7:15 a.m. and 3:15 p.m. to 4:30 p.m., (aa) Palmetto Park bridge, mile 1047.5,
Monday through Friday, except federal at Boca Raton. The draw shall open on
holidays, the draw need not open. the hour and half-hour.
(l) John F. Kennedy Space Center (aa1) Boca Club, Camino Real bridge,
bridge, mile 885 at Addison Point. The mile 1048.2, at Boca Raton. The draw
draw shall open on signal; except that, shall open on the hour, twenty minutes
from 6:30 a.m. to 8 a.m. and 3:30 p.m. to past the hour and forty minutes past
5 p.m. Monday through Friday, except the hour.
Federal holidays, the draw need not (bb) Broward County. (1) Hillsboro
open. Boulevard bridge (SR 810), mile 1050.0
562
at Deerfield Beach. The draw shall 7 a.m. to 6 p.m. on Monday through

open on the hour and half-hour. Friday except Federal holidays, and
(2) NE 14th Street bridge, mile 1055.0 from 10 a.m. to 6 p.m. on Saturdays,
at Pompano. The draw shall open on Sundays, and Federal holidays, the
the quarter-hour and three-quarter draw need open only on the quarter-
hour. hour and three-quarter hour.
(3) Atlantic Boulevard (SR 814) (mm) Broad Causeway bridge, mile
bridge, mile 1056.0 at Pompano. The 1081.4 at Bay Harbor Islands. The draw
draw shall open on the hour and half- shall open on signal; except that, from
hour. 8 a.m. to 6 p.m., the draw need open
(4) Commercial Boulevard (SR 870) only on the quarter-hour and three-
bridge, mile 1059.0, at Lauderdale-by- quarter hour.
the-Sea. The draw shall open on the (nn) The Venetian Causeway Bridge
hour and half-hour. (West), mile 1088.6, shall open on sig-
(5) Oakland Park Boulevard bridge, nal, except that from 7 a.m. to 7 p.m.,
mile 1060.5 at Fort Lauderdale. The Monday through Friday, except Fed-
draw shall open on the quarter-hour eral holidays, the bridge need only
and three-quarter hour. open on the hour and half-hour.
(6) East Sunrise Boulevard (SR 838) (oo) through (pp) [Reserved]
bridge, mile 1062.6, at Fort Lauderdale. (qq) Jewfish Creek, mile 1134, Key
The draw shall open on the hour and Largo. The draw shall open on signal;
half-hour. On the first weekend in May, except that from 10 a.m. to sunset,
the draw need not open from 4 p.m. to Thursday through Sunday and federal
6 p.m. on Saturday and Sunday, and, on holidays, the draw need open only on
the first Saturday in May, the draw the hour and half hour.
need not open from 9:45 p.m. to 10:45 (rr)(ss) [Reserved]
p.m. [CGD78429, 50 FR 51248, Dec. 16, 1985]
(7) East Las Olas bridge, mile 1064 at
Fort Lauderdale. The draw shall open EDITORIAL NOTE: For FEDERAL REGISTER ci-
on the quarter-hour and three-quarter
hour. On the first weekend in May, the Finding Aids section of the printed volume
draw need not open from 4 p.m. to 6 and at www.fdsys.gov.
p.m. on Saturday and Sunday, and, on
the first Saturday in May, the draw 117.263 Banana River.
need not open from 9:45 p.m. to 10:45 (a) The draw of the Mathers (SR A1
p.m. A) Bridge, mile 0.5 at Indian Harbor
(8) SE 17th Street (Brooks Memorial) Beach, shall open on signal; except
bridge, mile 1065.9 at Fort Lauderdale. that, from 10 p.m. to 6 a.m. Monday
The draw shall open on the hour and through Friday except Federal holi-
half-hour. days, the draw shall open on signal if
(9) Dania Beach Boulevard bridge, at least two hours notice is given.
mile 1069.4 at Dania Beach. The draw (b) The draw of the NASA Causeway
shall open on the hour and half-hour. bridge, mile 27.6 at Cape Canaveral,
(10) Sheridan Street bridge, mile shall open on signal if at least four
1070.5, at Fort Lauderdale. The draw hours notice is given to the NASA Se-
shall open on the quarter-hour and curity Office by telephone or in person.
three-quarter hour.
(11) Hollywood Beach Boulevard (SR [CGD 82025, 49 FR 26721, June 29, 1984]
820) bridge, mile 1072.2 at Hollywood.
117.267 Big Carlos Pass.
The draw shall open on the hour and
half-hour. The draw of the SR865 bridge, mile
(12) Hallandale Beach Boulevard (SR 0.0 between Estero Island and Black Is-
824) bridge, mile 1074.0 at Hallandale. land, shall open on signal; except that,
The draw shall open on the quarter- the draw need not be opened from 7
hour and three-quarter hour. p.m. to 8 a.m.
(cc)(kk) [Reserved]
(ll) N.E. 163rd Street (SR826) bridge, 117.268 Billys Creek.
mile 1078.0 at Sunny Isles. The draw The draw of the State Road 80 bridge
shall open on signal; except that, from at Fort Myers need not be opened for
563
117.269 33 CFR Ch. I (7112 Edition)
the passage of vessels; however, the nal if at least 3 hours notice is given to
draw shall be restored to operable con- the drawtender. The drawspan must
dition within 6 months after notifica- open as soon as possible for the passage
tion by the District Commander to do of public vessels of the United States
so. and tugs with tows.
(b) The drawspan of the SR401 Draw-
[CGD 0798009, 63 FR 67402, Dec. 7, 1998]
bridge, mile 5.5 at Port Canaveral,
117.269 Biscayne Bay. must open on signal; except that, from
6:30 a.m. to 8 a.m. and 3:30 p.m. to 5:15
The Venetian Causeway Bridge (East) p.m. Monday through Friday except
shall open on signal, except that from Federal holidays, the drawspan need
7 a.m. to 7 p.m., Monday through Fri- not be opened for the passage of ves-
day, except Federal holidays, the sels. From 10 p.m. to 6 a.m., the
bridge need only open on the hour and drawspan must open on signal if at
half-hour. least three hours notice is given. The
[CGD0706050, 72 FR 18886, Apr. 16, 2007] drawspan must open as soon as possible
for the passage of pubic vessels of the
117.271 Blackwater River. United States and tugs with tows.
The draw of the CSX Transportation [USCG200110881, 71 FR 70310, Dec. 4, 2006]
Railroad bridge, mile 2.8 at Milton,
shall open on signal; except that, from 117.279 Coffeepot Bayou.
8 p.m. to 4 a.m., the draw shall open on The draw of the Snell Isle Boulevard
signal if at least eight hours notice is bridge, mile 0.4 at St. Petersburg, need
given. not be opened for the passage of ves-
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as sels.
amended by CGD88606, 51 FR 29101, Aug. 14,
1986; USCG200110881, 71 FR 70310, Dec. 4, 117.283 Dunns Creek.
2006] The draw of the US17 bridge, mile 0.9
near Satsuma, shall open on signal if
117.272 Boot Key Harbor.
at least three hours notice is given.
The draw of the Boot Key Harbor
drawbridge, mile 0.13, between Mara- 117.285 Grand Canal.
thon and Boot Key, will open as nec- (a) The draw of the Lansing Island
essary on the hour between the hours bridge, mile 0.7, shall open on signal,
of 7 a.m. to 7 p.m. At all other times, except that during the evening hours
the bridge will open following a one from 10 p.m. to 6 a.m. from Sunday
hour notification to the bridge tender evening until Friday morning, except
by calling the posted cell phone num- on evenings preceeding a Federal holi-
ber. The draw shall open on demand day, the draw shall open on signal if at
and as soon as practicable for the pas- least 2 hours notice is given.
sage of tugs with tows, public vessels of (b) The draw of the Tortoise Island
the United States and vessels whereby bridge, mile 2.6, shall open on signal;
a delay would endanger life or prop- except that from 10 p.m. to 6 a.m. from
erty. Sunday evening through Friday morn-
[CGD0705063, 71 FR 14806, Mar. 24, 2006] ing, the draw shall open on signal if at
least 2 hours advance notice is given.
117.273 Canaveral Barge Canal. From 10 p.m. to 6 a.m. on Friday and
(a) The drawspan of the Christa Saturday and on evenings immediately
McAuliffe Drawbridge, SR 3, mile 1.0, preceding Federal holidays, the draw
across the Canaveral Barge Canal need shall open on signal if at least 30 min-
only open daily for vessel traffic on the utes advance notice is given.
hour and half-hour from 6 a.m. to 10 [CGD792113, 58 FR 31474, June 3, 1993, as
p.m.; except that from 6:15 a.m. to 8:15 amended by CGD0798048, 64 FR 30391, June
a.m. and from 3:10 p.m. to 5:59 p.m., 8, 1999]
Monday through Friday, except Fed-
eral holidays, the drawspan need not 117.287 Gulf Intracoastal Waterway.
open. From 10:01 p.m. to 5:59 a.m., ev- (a) Public vessels of the United
eryday, the drawspan must open on sig- States and tugs with tows must be
564
passed through the drawspan of each cept that from 6 a.m. to 7 p.m., the
drawbridge listed in this section at draw need only open on the hour, 20
anytime. minutes after the hour, and 40 minutes
(a1) The draw of the Boca Grande after the hour. From January 15 to
Swingbridge, mile 34.3, shall open on May 15, from 6 a.m. to 7 p.m., the draw
signal; except that, from 7 a.m. to 6 need only open on the hour and half
p.m., Monday through Friday, except hour.
Federal holidays, the draw need open (2) Anna Maria (SR 64) (Manatee Ave-
only on the hour and half hour. On Sat- nue West) Bridge, mile 89.2. The draw
urday, Sunday and Federal holidays, shall open on signal, except that from
from 7 a.m. to 6 p.m., the draw need 6 a.m. to 7 p.m., the draw need only
open only on the hour, quarter hour, open on the hour, 20 minutes after the
half hour and three quarter hour. hour, and 40 minutes after the hour.
(a2) The draw of the Venice Avenue From January 15 to May 15, from 6 a.m.
bridge, mile 56.6 at Venice, shall open to 7 p.m., the draw need only open on
on signal, except that from 7 a.m. to the hour and half hour.
4:30 p.m., Monday through Friday ex- (3) [Reserved]
cept Federal holidays, the draw need (4) Pinellas Bayway Structure E
open only at 10 minutes after the hour, (SR 679) bridge, mile 113.0 at St. Peters-
30 minutes after the hour and 50 min- burg Beach. The draw shall open on
utes after the hour and except between
signal, except that from 9 a.m. to 7
4:35 p.m. and 5:35 p.m. when the draw
p.m. the draw need open only on the
need not open.
hour and 30 minutes past the hour.
(b) The draw of the Hatchett Creek
(US41) bridge, mile 56.9 at Venice, (e) The draw of the Pinellas Bayway,
shall open on signal, except that, from Structure C bridge, mile 114, at St.
7 a.m. to 4:20 p.m., Monday through Petersburg Beach shall open on signal;
Friday except Federal holidays, the except that from 7 a.m. to 7 p.m., the
draw need open only on the hour, 20 draw need open only on the hour, twen-
minutes after the hour, and 40 minutes ty minutes past the hour, and forty
after the hour and except between 4:25 minutes past the hour.
p.m. and 5:25 p.m. when the draw need (f) The draw of the Corey Causeway
not open. On Saturdays, Sundays, and (SR693) bridge, mile 117.7 at South
Federal holidays from 7:30 a.m. to 6 Pasadena, shall open on signal; except
p.m. the draw need open only on the that, from 8 a.m. to 7 p.m. Monday
hour, quarter-hour, half-hour, and through Friday, and 10 a.m. to 7 p.m.
three quarter-hour. Saturdays, Sundays, and Federal holi-
(b1) Stickney Point (SR 72) bridge, days, the draw need be opened only on
mile 68.6, at Sarasota. The draw shall the hour, 20 minutes after the hour,
open on signal, except that the draw and 40 minutes after the hour.
need open only on the hour, twenty (g) The draw of the Treasure Island
minutes past the hour, and forty min- Causeway bridge, mile 119.0, shall open
utes past the hour, from 6 a.m. to 10 on signal, except that from 7 a.m. to 7
p.m., Monday through Friday, except p.m. the draw need open only on the
Federal holidays. hour, quarter hour, half hour and three
(c) The draw of the Siesta Drive quarter hour. From 11 p.m. to 7 a.m.
Bridge, mile 71.6 at Sarasota, Florida the draw shall open on signal if at least
shall open on signal, except that from 10 minutes advance notice is given.
7 a.m. to 6 p.m., Monday through Fri- (h) The draw of the Welch Causeway
day, except Federal holidays, the draw (SR699) bridge, mile 122.8 at Madiera
need open only on the hour, twenty Beach, shall open on signal; except
minutes past the hour and forty min- that, from 9:30 a.m. to 6 p.m. on Satur-
utes past the hour. On weekends and days, Sundays, and Federal holidays,
Federal holidays, from 11 a.m. to 6 the draw need be opened only on the
p.m., the draw need open only on the hour, 20 minutes after the hour, and 40
hour, twenty minutes past the hour minutes after the hour.
and forty minutes past the hour. (i) The draw of the Belleair Beach
(d)(1) Cortez (SR 684) Bridge, mile Drawbridge, mile 131.8, Clearwater, FL
87.4. The draw shall open on signal, ex- shall open on signal, except that from
565
117.289 33 CFR Ch. I (7112 Edition)
7 a.m. to 7 p.m., the bridge shall open 117.295 Kissimmee River.

on the hour and half-hour.
The draw of the DSX Railroad bridge,
[CGD 82025, 49 FR 17452, Apr. 24, 1984] mile 37.0, near Fort Basinger, shall
open if at least 96 hours notice is given.
tations affecting 117.287, see the List of CFR [CGD0793091, 59 FR 21932, Apr. 28, 1994]
Finding Aids section of the printed volume 117.297 Little Manatee River.
The draw of the Seaboard System
117.289 Hillsboro Inlet. Railroad bridge, mile 2.4 at Ruskin,
shall open on signal if at least three
The drawspans of the SR A1A hours notice is given.
Drawbridge, mile 0.3 at Hillsboro
Beach, must open on signal; except 117.299 Loxahatchee River.
that, from 7 a.m. to 6 p.m., the
The draw of the Florida East Coast
drawspans need be opened only on the
Railway bridge across the Loxahatchee
hour, quarter hour, half hour, and
River, mile 1.2 at Jupiter, operates as
three quarter hour. Public vessels of
follows:
the United States and tugs with tows
must be passed at anytime. (a) The bridge is not constantly tend-
ed.
[USCG200110881, 71 FR 70310, Dec. 4, 2006] (b) The draw is normally in the fully
open position, displaying flashing
117.291 Hillsborough River. green lights to indicate that vessels
(a) The drawspans for the draw- may pass.
bridges at Platt Street, mile 0.0, (c) When a train approaches, the
Brorein Street, mile 0.16, Kennedy Bou- lights go to flashing red and a horn
levard, mile 0.4, Cass Street, mile 0.7, starts four blasts, pauses, and then
Laurel Street, mile 1.0, West Columbus continues four blasts. After an eight
Drive, mile 2.3, and West Hillsborough minute delay, the draw lowers and
Avenue, mile 4.8, must open on signal if locks, providing the scanning equip-
at least two hours notice is given; ex- ment reveals nothing under the draw.
cept that, the drawspan must open on The draw remains down for a period of
signal as soon as possible for public eight minutes or while the approach
vessels of the United States. track circuit is occupied.
(b) The draw of the CSX Railroad (d) After the train has cleared, the
Bridge across the Hillsborough River, draw opens and the lights return to
mile 0.7, at Tampa, operates as follows: flashing green.
(1) The bridge is not tended. [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
(2) The draw is normally in the fully 37381, Sept. 24, 1984; Redesignated by CGD07
open position, displaying green lights 04015, 69 FR 42874, July 19, 2004]
to indicate that vessels may pass.
(3) As a train approaches, provided 117.300 Manatee River.
the marine traffic detection laser scan- The draw of the CSX Railroad Bridge
ners do not detect a vessel under the across the Manatee River, mile 4.5 Bra-
draw, the lights change to flashing red denton, operates as follows:
and a horn continuously sounds while (a) The bridge is not tended.
the draw closes. The draw remains (b) The draw is normally in the fully
closed until the train passes. open position, displaying green lights
(4) After the train clears the bridge, to indicate that vessels may pass.
the lights continue to flash red and the (c) As a train approaches, provided
horn again continuously sounds while the scanners do not detect a vessel
the draw opens, until the draw is fully under the draw, the lights change to
open and the lights return to green. flashing red and a horn continuously
sounds while the draw closes. The draw
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
37381, Sept. 24, 1984, as amended by CGD792 remains closed until the train passes.
56, 58 FR 15420, Mar. 23, 1993; CGD0704148, 70 (d) After the train clears the bridge,
FR 43766, July 29, 2005; USCG200110881, 71 the lights continue to flash red and the
FR 70310, Dec. 4, 2006] horn again continuously sounds while
566
the draw opens, until the draw is fully only on the hour and half-hour. From
open and the lights return to green. 7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59
[CGD0704015, 69 FR 42874, July 19, 2004]
p.m. and 4:35 p.m. to 5:59 p.m., Monday
through Friday except Federal holi-
117.301 Massalina Bayou. days, the draw need not open for the
passage of vessels.
The draw of the Tarpon Dock bascule
span bridge, Massalina Bayou, mile 0.0 [CGD0703118, 69 FR 7688, Feb. 19, 2004]
at Panama City, shall open on signal;
except that from 9 p.m. until 11 p.m. on 117.307 Miami River, North Fork.
July 4, each year, the draw need not The draw of the FDOT Railroad
open for the passage of vessels. The Bridge, mile 5.3 at Miami, shall open on
draw will open at any time for a vessel signal if at least 48-hour notice is given
in distress. to CSX System Operating Head-
[66 FR 36467, July 12, 2001] quarters (800) 2320144.
[CGD0703088, 69 FR 9549, Mar. 1, 2004]
117.303 Matlacha Pass.
The draw of the SR78 bridge, mile 6.0 117.309 Nassau Sound.
at Fort Myers, shall open on signal The draw of the Fernandina Port Au-
from 8 a.m. to 10 a.m. and from 3 p.m. thority (SR A1A) bridge, mile 0.4 be-
to 7 p.m. Monday through Saturday. On tween Amelia Island and Talbot Island,
Sundays the draw shall open on signal shall open on signal from 6 a.m. to 6
from 7 a.m. to 10 a.m. and from 3 p.m. p.m. if at least six hours notice is
to 7 p.m. At all other times, the draw given. The draw need not be opened
need not be opened for the passage of from 6 p.m. to 6 a.m.
vessels.
[CGD79274, 57 FR 58711, Dec. 11, 1992] 117.311 New Pass.
The drawspan for the State Road 789
117.305 Miami River. Drawbridge, mile 0.05, at Sarasota,
(a) General. Public vessels of the need only open on the hour, twenty
United States, tugs, tugs with tows, minutes past the hour, and forty min-
and vessels in a situation where a delay utes past the hour from 7 a.m. to 6 p.m.
would endanger life or property shall, From 6 p.m. to 7 a.m., the drawspan
upon proper signal, be passed through must open on signal if at least 3 hours
the draw of each bridge listed in this notice is given to the drawtender. Pub-
section at any time. lic vessels of the United States and
(b) The draws of the S.W. First Street tugs with tows must be passed at any-
Bridge, mile 0.9, up to and including time.
the N.W. 27th Avenue Bridge, mile 3.7
at Miami, shall open on signal; except [USCG200110881, 71 FR 70310, Dec. 4, 2006]
that, from 7:35 a.m. to 8:59 a.m. and 4:45
117.313 New River.
p.m. to 5:59 p.m., Monday through Fri-
day, except Federal holidays, the draws (a) The draw of the SE. Third Avenue
need not open for the passage of ves- bridge, mile 1.4 at Fort Lauderdale
sels. shall open on signal; except that, from
(c) The draws of the Miami Avenue 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6
Bridge, mile 0.3, and the S.W. Second p.m., Monday through Friday, except
Avenue Bridge, mile 0.5, at Miami, Federal holidays, the draw need not
shall open on signal; except that, from open. Public vessels of the United
7:35 a.m. to 8:59 a.m., 12:05 p.m. to 12:59 States, tugs with tows, and vessels in
p.m. and 4:35 p.m. to 5:59 p.m., Monday distress shall be passed at any time.
through Friday, except Federal holi- (b) The draw of the Andrews Avenue
days, the draws need not open for the bridge, mile 2.3 at Fort Lauderdale,
passage of vessels. shall open on signal; except that, from
(d) The draw of the Brickell Avenue 7:30 a.m. to 9 a.m. and 4:30 p.m. to 6
Bridge, mile 0.1, at Miami, shall open p.m., Monday through Friday, except
on signal; except that, from 7 a.m. to 7 Federal holidays, the draw need not
p.m., Monday through Friday except open. The draw need not open for in-
Federal holidays, the draw need open bound vessels when the draw of the
567
117.315 33 CFR Ch. I (7112 Edition)
Florida East Coast Railroad bridge, (c) Florida East Coast Railroad bridge,
mile 2.5 at Fort Lauderdale is in the mile 7.4 at Stuart. The draw shall oper-
closed position for the passage of a ate as follows:
train. Public vessels of the United (1) The bridge is not constantly tend-
States, tugs with tows, and vessels in ed.
distress shall be passed at any time. (2) The draw is normally in the fully
(c) The draw of the Marshal (Seventh open position, displaying flashing
Avenue) bridge, mile 2.7 at Fort Lau- green lights to indicate that vessels
derdale shall open on signal; except may pass.
that, from 7:30 a.m. to 9 a.m. and 4:30 (3) When a train approaches the
p.m. to 6 p.m., Monday through Friday, bridge, the navigation lights go to
except Federal holidays, the draw need flashing red and a horn sounds four
not open. Public vessels of the United blasts, pauses, and then repeats four
States, tugs with tows, and vessels in blasts. After an eight minute delay, the
distress shall be passed at any time. draw lowers and locks, providing the
scanning equipment reveals nothing
[CGD0706019, 71 FR 65413, Nov. 8, 2006, as under the draw. The draw remains
amended by USCG200110881, 72 FR 7351, down for a period of eight minutes or
Feb. 15, 2007]
while the approach track circuit is oc-
117.315 New River, South Fork. cupied.
(4) After the train has cleared, the
(a) The draw of the Davie Boulevard draw opens and the lights return to
(SW. Twelfth Street) bridge, mile 0.9 at flashing green.
Fort Lauderdale shall open on signal; (d) Roosevelt (US1) bridge, mile 7.4 at
except that, from 7:30 a.m. to 9 a.m. Stuart. The draw shall open on signal;
and 4:30 p.m. to 6 p.m., Monday through except Monday through Friday, except
Friday, except Federal holidays, the Federal holidays, from 7 a.m. to 6 p.m.
draw need not open. Public vessels of the draw need open only on the hour
the United States, tugs with tows, and and half hour. However, the draw need
vessels in distress shall be passed at not open between 7:30 a.m. and 9 a.m.
any time. and 4 p.m. and 5:30 p.m. except at 8:15
(b) The drawspan for the SR84 Draw- a.m. and 4:45 p.m. On Saturdays, Sun-
bridge, mile 4.4 at Fort Lauderdale, days, and federal holidays from 8 a.m.
must open on signal if at least 24 hours to 6 p.m. the draw need open only on
notice is given. Public vessels of the the hour, 20 minutes after the hour,
United States and tugs with tows must and 40 minutes after the hour. When
be passed through the draw as soon as the adjacent railway bridge is in the
possible. closed position at the time of a sched-
uled opening the draw need not open,
[USCG200110881, 71 FR 70310, Dec. 4, 2006; 72 but it must then open immediately
FR 7351, Feb. 15, 2007]
upon opening of the railroad bridge to
117.317 Okeechobee Waterway. pass all accumulated vessels. Exempt
vessels shall be passed at any time.
(a) Exempt vessels. This term means (e) Seaboard System Railroad bridge,
public vessels of the United States and mile 28.2 at Indiantown. The draw shall
tugs with tows. open on signal; except that, from 10
(b) Evans Crary (SR A1A) bridge, mile p.m. to 6 a.m. the draw shall open on
3.4 at Stuart. The draw shall open on signal if at least three hours notice is
signal; except that from December 1 given.
through May 1, from 7 a.m. to 6 p.m., (f) Florida East Coast Railroad
Monday through Friday, except federal bridge, mile 38.0, at Port Mayaca.
holidays, the draw need open only on (1) The bridge is not constantly tend-
the hour and half-hour. On Saturdays, ed.
Sundays, and federal holidays, Decem- (2) The draw is normally in the fully
ber 1 through May 1, from 8 a.m. to 6 open position displaying flashing green
p.m., the draw need open only on the lights to indicate that vessels may
hour, 20 minutes after the hour, and 40 pass.
minutes after the hour. Exempt vessels (3) When a train approaches the
shall be passed at any time. bridge it will stop and a crewmember
568
will observe the waterway for ap- Sections Affected, which appears in the
proaching vessels, which will be al- Finding Aids section of the printed volume
lowed to pass. Upon manual signal, the and at www.fdsys.gov.
bridge lights will go to flashing red,
117.319 Oklawaha River.
and the horn will sound four blasts,
pause, then repeat four blasts, then the (a) The draw of the Sharpes Ferry
draw will lower and lock, providing (SR 40) bridge, mile 55.1 shall open on
scanning equipment reveals nothing signal if at least three hours notice is
under the span. given.
(4) After the train has cleared, the (b) The draw of the Moss Bluff (SR
draw will open, and the lights will re- 464) bridge, mile 66.0, need not open for
turn to flashing green. the passage of vessels.
(g) Belle Glade Dike (SR 71) bridge, mile (c) The draw of the Muclan Farms
60.7 between Torry Island and Lake bridge, mile 63.9, need not open for the
Shore. The draw shall open on signal passage of vessels.
Thursday, and from 7 a.m. to 7 p.m. [CGD78515, 50 FR 29672, July 22, 1985, as
amended by CGD78749, 52 FR 42649, Nov. 6,
Friday through Sunday. At all other
1987; CGD0702008, 67 FR 50351, Aug. 2, 2002]
times, the draw need not be opened for
the passage of vessels. 117.323 Outer Clam Bay
(h) Seaboard System Railroad bridge,
mile 78.3 at Moore Haven. The draw shall The drawspan of the Outer Clam Bay
open on signal; except that, from 10 Boardwalk Drawbridge shall open on
p.m. to 6 a.m. the draw need not be signal if at least 30 minutes advance
opened for the passage of vessels. notice is given.
(i) Highway bridges at Moore Haven [CGD0706237, 72 FR 11777, Mar. 14, 2007]
(mile 78.4) La Belle (mile 103.0), Denaud
(mile 108.2), Alva (mile 116.0), and Olga 117.324 Rice Creek.
(mile 126.3). The draws shall open on
The CSX Railroad Swingbridge, mile
signal; except that, from 10 p.m. to 6
0.8, in Putnam County, shall open on
a.m. the draws shall open on signal if
at least three hours notice is given. signal from 8 a.m. to 4 p.m., daily.
(j) Sanibel Causeway bridge, mile 151 From 4:01 p.m. to 7:59 a.m., daily, the
at Punta Rassa. The draw shall open on bridge shall open with a 24-hour ad-
signal, except that from 7 a.m. until 6 vance notice to CSX at 18002320142.
p.m. Monday through Friday, except [CGD0703094, 69 FR 1919, Jan. 13, 2004]
Federal holidays, the draw need only
open on the hour and half hour. On Sat- 117.325 St. Johns River.
urday, Sunday, and Federal holidays (a) The drawspan for the Main Street
the draw shall open on signal, except (1/SR 90) drawbridge, mile 24.7, at Jack-
that from 7 a.m. until 6 p.m., the draw sonville, must open on signal except
need only open on the hour, quarter that, from 7 a.m. to 8:30 a.m. and from
hour, half hour and three-quarter hour. 4:30 p.m. to 6 p.m., Monday through
From 10 p.m. until 6 a.m. daily, the Saturday except Federal holidays, the
draw shall open on signal if at least drawspan need not be opened for the
five minutes advance notice is given to passage of vessels.
the bridge tender.
(b) The draw of the Florida East
(k) Caloosahatchee River Bridge (SR
Coast automated railroad bridge, mile
29), Mile 103, Labelle, Florida. The
24.9, shall operate as follows:
Caloosahatchee River bridge (SR 29),
mile 103, shall open on signal, except (1) The bridge shall be constantly
that from 7 a.m. to 9 a.m. and from 4 tended and have a mechanical override
p.m. to 6 p.m., Monday through Friday, capability for the automated oper-
except Federal holidays, the bridge ation. A radiotelephone shall be main-
need not open. Exempt vessels shall be tained at the bridge for the safety of
passed at any time. navigation.
(2) The draw is normally in the fully
[CGD7 8550, 51 FR 12319, Apr. 10, 1986] open position, displaying flashing
EDITORIAL NOTE: For FEDERAL REGISTER ci- green lights to indicate that vessels
tations affecting 117.317, see the List of CFR may pass.
569
117.327 33 CFR Ch. I (7112 Edition)
(3) When a train approaches, large 117.337 Trout River.

signs on both the upstream and down- The draw of the CSX Railroad Bridge
stream sides of the bridge flash Bridge across the Trout River, mile 0.9 at
Coming Down, the lights go to flash- Jacksonville, operates as follows:
ing red, and siren signals sound. After (a) The bridge is not tended.
an eight minute delay, the draw lowers (b) The draw is normally in the fully
and locks if there are no vessels under open position, displaying green lights
the draw. The draw remains down for a to indicate that vessels may pass.
period of eight minutes or while the ap- (c) As a train approaches, provided
proach track circuit is occupied. the scanners do not detect a vessel
(4) After the train has cleared, the under the draw, the lights change to
draw opens and the lights return to flashing red and a horn continuously
flashing green. sounds while the draw closes. The draw
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as remains closed until the train passes.
amended by CGD79076, 55 FR 47753, Nov. 15, (d) After the train clears the bridge,
1990; CGD0796069, 62 FR 15843, Apr. 3, 1997; the lights continue to flash red and the
CGD0705009, 70 FR 18991, Apr. 12, 2005; horn again continuously sounds while
USCG200110881, 71 FR 70310, Dec. 4, 2006; the draw opens, until the draw is fully
USCG20120306, 77 FR 37314, June 21, 2012] open and the lights return to green.
117.327 St. Marks River. [USCG20090249, 75 FR 24402, May 5, 2010]
The draw of the U.S. 98SR30 bridge, 117.341 Whitcomb Bayou.
mile 9.0 at Newport, need not be opened
for the passage of vessels. The draw of the Beckett Bridge, mile
0.5, at Tarpon Springs, Florida shall
[CGD88813, 54 FR 13064, Mar. 30, 1989] open on signal if at least two hours no-
tice is given.
117.329 St. Marys River.
[CGD78760, 53 FR 3206, Feb. 4, 1988]
The draws of US17 bridge, mile 23.0,
and the Seaboard System Railroad
bridge, mile 23.1, both at Kingsland, GEORGIA
117.351 Altamaha River.
notice is given.
(a) The draws of all bridges, except
117.331 Snake Creek. the Seaboard System Railroad bridge,
The draw of the Snake Creek bridge, mile 59.4 at Doctortown, shall open on
at Islamorada, Florida, shall open on signal if at least 24 hours notice is
signal, except that from 8 a.m. to 4 given.
p.m., the draw need open only on the (b) The draw of the Seaboard System
hour and half-hour. Railroad bridge, mile 59.4 at
Doctortown, shall open on signal if at
[66 FR 57385, Nov. 15, 2001] least seven days notice is given.
117.333 Suwannee River. 117.353 Atlantic Intracoastal Water-
The draw of Suwannee River bridge, way, Savannah River to St. Marys
mile 35 at Old Town need not be opened River.
for the passage of vessels, however, the (a) General. Public vessels of the
draw shall be restored to operable con- United States and tugs with tows must,
dition within 6 months after notifica- upon proper signal, be passed through
tion by the District Commander to do the drawspan of each drawbridge in
so. this section at anytime.
(b) Causton Bluff, SR 26, mile 579.9 near
[CGD0798054, 64 FR 55419, Oct. 13, 1999]
Causton Bluff. The draw shall open on
117.335 Taylor Creek. signal, except that from 6:30 a.m. to 9
a.m. and 4:30 p.m. to 6:30 p.m. Monday
The draw of US441 bridge, mile 0.3 at through Friday, except Federal holi-
Okeechobee, shall open on signal if at days the draw need open only at 7 a.m.,
least two hours notice is given. 8 a.m. and 5:30 p.m.
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR (c) Skidaway Bridge, SR 204, mile 592.9
37381, Sept. 24, 1984] near Savannah. The draw will open as
570
necessary on the hour from 7 a.m. to 9 open on signal if at least three hours
a.m. (7, 8, and 9 a.m.) and on the half- advance notice is given to the Georgia
hour between 4:30 p.m. to 6.30 p.m. (4:30, Department of Transportation Area
5:30, and 6:30 p.m.), daily; Monday Engineer in Savannah.
through Friday except Federal holi- (b) The draw of the Seaboard System
days. The draw shall open at any time Railroad bridge, mile 27.4 near
for Public vessels of the United States, Hardeeville, South Carolina shall open
tugs with tows, and vessels in distress. on a signal if at least three hours ad-
At all other times, the draw will open vance notice is given. VHF radio-
on signal. telephone communications will be
[CGD7 8429, 50 FR 51249, Dec. 16, 1985, as maintained at the railroads chief dis-
amended by CGD78712, 52 FR 42647, Nov. 6, patchers office in Savannah.
1987; CGD78776, 53 FR 2035, Jan. 26, 1988; (c) The draw of the CSX Transpor-
CGD0704124, 70 FR 50974, Aug. 29, 2005; tation railroad bridge, mile 60.9, near
CGD0704124, 71 FR 16491, Apr. 3, 2006; Clyo, Georgia, shall open on signal if at
USCG200110881, 71 FR 70311, Dec. 4, 2006] least 48 hours advance notice is given.
Openings can be arranged by con-
117.359 Chattahoochee River.
tacting CSX Transportation on Chan-
See 117.107, Chattahoochee River, nel 16 VHF or by telephone at 1 800 232
listed under Alabama. 0146. VHF radiotelephone communica-
[CGD 92015, 57 FR 37880, Aug. 21, 1992] tions will be maintained at the dis-
patchers office in Savannah, Georgia.
117.361 Flint River. (d) The draw of the Seaboard System
The draws of the CSX Transportation Railroad bridge, mile 195.4 near Au-
Railroad bridges, miles 28.0 and 28.7, gusta, shall open on signal if at least
both at Bainbridge, shall open on sig- three hours notice is given.
nal if at least 15 days notice is given. [CGD78421, 49 FR 43955, Nov. 1, 1984, as
amended by CGD78401, 50 FR 25073, June 17,
117.363 Ocmulgee River. 1985; CGD78745, 53 FR 4394, Feb. 16, 1988;
The draws of each bridge shall open CGD79008, 56 FR 16008, Apr. 19, 1991]
given. 117.373 St. Marys River.
See 117.329, St. Marys River, listed
117.365 Oconee River. under Florida.
The draw of the SR46 bridge, mile
44.3 near Soperton, shall open on signal [CGD 92015, 57 FR 37880, Aug. 21, 1992]
if at least 24 hours notice is given.
IDAHO
117.367 Ogeechee River.
117.381 Clearwater River.
(a) The draw of the Seaboard System
Railroad bridge, mile 30.7 at Richmond The draws of the Camas Prairie rail-
Hill, shall open on signal if at least 15 road bridge, mile 0.6 at Lewiston, shall
days notice is given. open on signal if at least three hours
(b) The draw of the highway bridge, notice is given to the Camas Prairie
mile 37.8 near Richmond Hill, need not Railroad in Lewiston.
be opened for the passage of vessels. [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR amended by USCG20007223, 65 FR 40056,
37381, Sept. 24, 1984] June 29, 2000]
117.369 Satilla River. 117.383 Pend Oreille River.

The draw of the Seaboard System The draw of the Burlington Northern
Railroad bridge, mile 25.7 at Woodbine, Santa Fe railroad bridge, mile 111.3
shall open on signal if at least 24 hours near Sand-point, need not be opened for
notice is given. the passage of vessels.
117.371 Savannah River. 117.385 Snake River.

(a) The draw of the Houlihan bridge The drawspan of the U.S. 12 bridge,
(US 17) mile 21.6 at Savannah shall mile 140.0, between Lewiston, Idaho,
571
117.389 33 CFR Ch. I (7112 Edition)
and Clarkston, Washington, operates as 117.391 Chicago River.

follows: The draws of the bridges operated by
(a) The draw need not open for the the City of Chicago over the Main
passage of vessels except at these Branch of Chicago River, the bridges
hours: on the North Branch of Chicago River
(1) From March 15 through November from the Main Branch to North Halsted
15 at 6 a.m., 10 a.m., 3 p.m., 7 p.m., and Street, mile 2.65, and bridges on the
9 p.m. South Branch of Chicago River from
(2) From November 16 through March the Main Branch to South Ashland Av-
14 at 9 a.m., 10 a.m., 2 p.m., and 3 p.m. enue, mile 4.47, shall operate as fol-
(b) Requests for openings shall be lows:
given to the Washington State Depart- (a) For commercial vessels, all
ment of Transportation. bridges shall open on signal if at least
(1) Monday through Thursday of 12-hours advance notice is provided to
every week, except holidays, the draw the Chicago City Bridge Desk prior to
shall open if at least two hours notice the intended time of passage; except
is given. that, from Monday through Friday be-
(2) Friday through Sunday of every tween the hours of 7 a.m. and 9:30 a.m.,
week, except holidays, the draw shall and between the hours of 4 p.m. and
open if notice is given by 5 p.m. of the 6:30 p.m., except for Federal holidays,
preceding Wednesday. the draws need not open for the pas-
(3) The draw shall open on holidays if sage of vessels.
notice is given by 5 p.m. two workdays, (b) For recreational vessels:
excluding Friday, preceding the holi- (1) From April 1 through November
day. 30
(4) The draw shall open at any time (i) The draws shall be scheduled to
for the passage of vessels engaged in an open, before 1 p.m., twice on Saturdays
emergency. and twice on Sundays if requests for
passage have been received at least 20
[CGD139201, 57 FR 38608, Aug. 26, 1992]
hours in advance. If the bridges have
ILLINOIS been authorized to remain closed for
portions of a Saturday or Sunday to
117.389 Calumet River. accommodate special events, openings
shall be scheduled after 1 p.m. as nec-
The draws of the Norfolk Southern
essary to provide two openings per day.
railroad bridges, miles 1.32 and 1.36 at (ii) The draws shall open on Monday
Chicago, operate as follows: and Friday, after 6:30 p.m. Each open-
(a) The draws shall open on signal; ing requires notice that has been given
except that, if either one of the bridges at least 6 hours in advance of a vessels
is inoperable because of equipment requested time of passage.
breakdown, the other bridge need not (iii) The draws shall open on Wednes-
be opened. days at 10 a.m., or as soon thereafter as
(b) In addition to the signals pre- practical, if a request for passage has
scribed in 117.15, the following special been given at least 20 hours in advance.
visual signals shall be used on the (iv) The draws shall open at times in
bridges: addition to those listed in paragraphs
(1) When the draw cannot be opened (b)(1)(i) through (b)(1)(iii) of this sec-
immediately, or is open and must be tion, after notice has been given at
closed promptly, two red lights are least 20 hours in advance requesting
flashed alternately. passage for a flotilla of at least five
(2) When the draw can be opened im- vessels. However, the bridges need not
mediately, two amber lights are open Monday through Friday from 7
flashed alternately. a.m. to 9:30 a.m., and 4 p.m. to 6:30
(3) When the draw is open for pas- p.m., except for Federal holidays.
sage, two green lights are flashed alter- (2) From December 1 through March
nately. 31, the draws shall open on signal if at
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as least 48 hours notice is given. However,
amended by USCG200521531, 70 FR 36349, the bridges need not open Monday
June 23, 2005] through Friday from 7 a.m. to 9:30 a.m.,
572
and 4 p.m. to 6:30 p.m., except for Fed- broadcast, or electronic detector, the
eral holidays. flashing red lights shall be changed to
(c) The following bridges need not be flashing amber and the operator shall
opened for the passage of vessels: The keep the draw in the fully open posi-
draws of South Damen Avenue, mile tion until the vessel or vessels have
6.14, over South Branch of Chicago cleared the bridge. If no vessel is ap-
River; all highway drawbridges be- proaching the bridge or is beneath the
tween South Western Avenue, mile 6.7, draw, the draw may be lowered and
and Willow Springs Road, mile 19.4, locked in place.
over Chicago Sanitary and Ship Canal; (5) After the train has cleared the
North Halsted Street, mile 2.85, and Di- bridge, the draw shall be raised to its
vision Street, mile 2.99, over North full height and locked in place, the red
Branch Canal of Chicago River; and Di- flashing lights stopped, and the draw
vision Street, mile 3.30, North Avenue, lights changed from red to green.
mile 3.81, Cortland Avenue, mile 4.48,
(b) The draw of the Chessie Railroad
Webster Avenue, mile 4.85, North Ash-
Bridge, mile 254.1, at Seneca, Illinois,
land Avenue, mile 4.90, and Union Pa-
operates as follows:
cific Railroad, mile 5.01, over North
Branch of Chicago River. (1) The draw is normally maintained
in the fully open position, displaying
[CGD0995023, 60 FR 52311, Oct. 6, 1995, as green mid-channel lights to indicate
amended by CGD0901148, 67 FR 31729, May the span is fully open.
10, 2002]
(2) When a train approaches the
117.393 Illinois Waterway. bridge and the draw is in the open posi-
tion, the train will stop, train operator
(a) The draw of the automated Bur-
shall walk out on the bridge and scan
lington Northern Santa Fe railroad
the river for approaching vessels.
bridge, mile 88.8 at Beardstown, Illi-
nois, operates as follows: (3) If a vessel is approaching the
(1) The draw is normally maintained bridge, the draw will remain open. The
in the fully open position, displaying a vessel shall contact the train operator
green light to indicate that vessels on VHFFM channel 16 and the train
may pass. operator shall keep the draw in the
(2) When a vessel is approaching and fully open position until the vessel has
the draw is in the open position, con- cleared the bridge.
tact shall be established by radio- (4) If no vessels are observed, the
telephone with the remote operator to train operator initiates a five minute
assure that the draw remains open warning period on VHFFM radio chan-
until passage is complete. nel 16 before closing the bridge. The
(3) When a vessel is approaching and train operator will broadcast the fol-
the draw is in the closed position, con- lowing message: The Chessie Railroad
tact shall be established by radio- Bridge at Mile 254.1, Illinois River, will
telephone with the remote operator. If close to navigation in five minutes.
the draw cannot be opened imme- The announcement is repeated every
diately, alternate flashing red lights minute counting down the time re-
are displayed. If the draw can be maining until closure.
opened immediately, flashing amber (5) At the end of the five minute
lights are displayed. warning period, and if no vessels are
(4) When a train approaches the approaching the bridge, the train oper-
bridge and the draw is in the open posi- ator shall sound the siren for 10 sec-
tion, the operator shall activate alter- onds, activate the alternate flashing
nate flashing red lights on top of the red lights on top of the draw, then
draw, sound four short blasts, and scan lower and lock the draw in place. Red
the river on radar to determine wheth- lights shall continue to flash to indi-
er any vessel is approaching the bridge. cate the draw is closed to navigation.
The remote operator shall also broad- (6) After the train has cleared the
cast that the draw is closing. If a vessel bridge, the draw shall be raised to its
or vessels are approaching the bridge full height and locked in place, the red
within one mile, as determined by flashing lights stopped, and the draw
radar scanning, response to radio lights changed from red to green.
573
117.393 33 CFR Ch. I (7112 Edition)
(c) The draws of the McDonough anyone on or under the bridge that the
Street Bridge, mile 287.3; Jefferson drawspan will be lowered.
Street bridge, mile 287.9; Cass Street (5) If a vessel is approaching the
bridge, mile 288.1; Jackson Street bridge upbound or, departing the Lock-
bridge, mile 288.4; and Ruby Street port Lock and Dam at mile 291.1,
bridge, mile 288.7; all of Joliet, shall downbound, with intentions of passing
open on signal, except that they need through the drawspan, they shall re-
not open from 7:30 a.m. to 8:30 a.m. and spond to the remote bridge operators
from 4:15 p.m. to 5:15 p.m. Monday marine radio broadcast, or initiate
through Saturday. radio contact, indicating their prox-
(d) The drawspan of the Elgin, Joliet imity to the bridge and requesting an
and Eastern Railway bridge, mile 290.1 opening of the drawspan or that the
at Lockport, Illinois, is operated by re- drawspan remain open until the vessel
mote operator located at the Elgin, Jo- passes. If any approaching vessel is de-
liet & Eastern offices in East Joliet, Il- tected or if a radiotelephone response
linois as follows: is received, the remote operator shall
(1) The drawspan is normally main- not close the drawspan until the vessel
tained in the fully open to navigation or vessels have cleared the bridge.
position displaying green center span (6) At the end of the one minute
navigation lights to indicate that the warning period, if no river traffic is ap-
drawspan is fully open. proaching or under the drawspan, the
(2) The bridge is equipped with the remote bridge operator may begin low-
following: ering the drawspan. Navigation lights
(i) A radiotelephone link direct to located at the center of the drawspan
the remote operator; change from green to red when the
drawspan is not in the fully open to
(ii) A radar antenna on top of the
navigation position. The drawspan
drawspan capable of scanning the river,
takes approximately 90 seconds to
one mile upstream and one mile down-
lower.
stream;
(7) If the presence of a vessel or other
(iii) Infrared boat detectors under the
obstruction is discovered approaching
drawspan, to allow the remote bridge
or under the drawspan, during the low-
operator to detect vessels under the
ering sequence, before the drawspan is
drawspan;
fully lowered and locked, the drawspan
(iv) Electronic motion detectors shall be stopped and raised to the fully
under the drawspan to allow the reopen position. When the vessel or ob-
mote bridge operator to detect vessel struction has cleared the drawspan, the
movement under the drawspan; remote operator shall confirm that the
(v) A siren for sound signals; and channel is clear and reinitiate the one
(vi) Red and green center span navi- minute warning cycle before lowering
gation lights. the drawspan.
(3) The remote bridge operator shall (8) If no marine traffic is present the
maintain a 24 hour VHF marine radio drawspan may be lowered and seated.
watch for mariners to establish contact When the drawspan is lowered and
as they approach the bridge to ensure locked in the closed to navigation posi-
that the drawspan is open or that it re- tion, the remote bridge operator peri-
mains open until passage of river traf- odically broadcasts, via marine radio,
fic is complete. that: The drawspan of the EJ&E Rail-
(4) When rail traffic approaches the road bridge is closed to navigation.
bridge, and the drawspan is in the open (9) Failure of the radar system, radio
position, the remote bridge operator telephone system, infrared boat detec-
initiates a one minute warning period tors or electronic motion sensors shall
before closing the drawspan. During prevent lowering the drawspan from
this warning period, the remote oper- the remote location.
ator shall broadcast at least twice, via (10) when rail traffic has cleared the
marine radio, that: The drawspan of bridge, the remote bridge operator
the EJ&E Railroad bridge will be low- shall raise the drawspan to the fully
ered in one minute. A siren on the open to navigation position. When the
bridge sounds for 20 seconds, to warn drawspan is raised and in the fully
574
open to navigation position, the re- IOWA

mote bridge operator broadcasts, at
least twice, via marine radio, that: 117.407 Missouri River.
The drawspan of the EJ&E Railroad See 117.691, Missouri River listed
bridge is open to navigation. The cen- under Nebraska.
ter drawspan navigation lights change
from red to green when the drawspan is [CGD0806002, 71 FR 66874, Nov. 17, 2006]
fully open to navigation.
KANSAS
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
amended by CGD02 93036, 59 FR 33677, June 117.411 Missouri River.
30, 1994; USCG19983799, 63 FR 35527, June 30,
1998; USCG19995832, 64 FR 34712, June 29, The draws of the bridges across the
1999; CGD0899014, 64 FR 61520, Nov. 12, 1999; Missouri River shall open on signal; ex-
CGD0806013, 72 FR 19668, Apr. 19, 2007] cept during the winter season between
the date of closure and the date of
117.397 Wabash River.
opening of the commercial navigation
The draws of the bridges across the season as published by the Army Corps
Wabash River need not be opened for of Engineers, the draws need not open
the passage of vessels. unless at least 24 hours advance notice
[USCG20080100, 73 FR 76219, Dec. 16, 2008] is given.
INDIANA [CGD0806002, 71 FR 66874, Nov. 17, 2006]
117.401 Trail Creek. KENTUCKY

(a) The draw of the Franklin Street
117.415 Green River.
bridge, mile 0.5 at Michigan City, shall
be operated as follows: (a) The draw of the CSX Transpor-
(1) From March 16 through November tation railroad bridge, Mile 8.3 at
30, the draw shall open on signal; ex- Spottsville, shall open on signal when
cept from 6:15 a.m. to 11:15 p.m., Mon- there is 40 feet or less of vertical clear-
day through Sunday, the draw need ance beneath the draw. When vertical
open only from three minutes before to clearance is more than 40 feet, at least
three minutes after the quarter-hour four hours notice shall be given. The
and three-quarter hour. owners of, or agencies controlling, the
(2) From December 1 through March bridge shall arrange for ready tele-
15, the draw shall open on signal if at phone communication with the author-
least 12-hours advance notice is pro- ized representative at any time from
vided prior to intended time of passage. the bridge or its immediate vicinity.
(b) The draw of the Amtrak bridge,
(b) The draw of the CSX Transpor-
mile 0.9 at Michigan City, shall open on
signal; except, from December 1 tation Railroad bridge, Mile 79.6 at
through March 15, the bridge shall open Small-house, is normally maintained
on signal if at least 12-hours advance in the fully open position and a vessel
notice is provided prior to intended may pass through the draw without
time of passage. further signals. When the draw is in
(c) Public vessels of the United the closed position, it shall open on
States, state or local vessels used for signal when there is 40 feet or less of
public safety, vessels in distress, and vertical clearance. When the vertical
vessels seeking shelter from severe clearance is more than 40 feet, at least
weather shall be passed through the four hours notice shall be given. Dur-
draws of each bridge as soon as pos- ing this period, if the drawtender is in-
sible. formed at the time the vessel passes
[CGD0901001, 66 FR 27867, May 21, 2001] through the draw that the vessel will
return within four hours, the
117.403 Wabash River. drawtender shall remain on duty until
See 117.397, Wabash River, listed the vessel returns but is not required
under Illinois. to remain for longer than four hours.
The owners of, or agencies controlling,
[CGD 92015, 57 FR 37880, Aug. 21, 1992]
575
117.417 33 CFR Ch. I (7112 Edition)
the bridge shall arrange for ready tele- the waterway, at Simmesport, shall
phone communication with the author- open on signal if at least three hours
ized representative at any time from advance notice is given.
the bridge or its immediate vicinity.
[CGD88805, 53 FR 27681, July 22, 1988]
(c) The bascule span of the Paducah
and Louisville Railroad Bridge, Mile 117.424 Belle River.
94.8 at Rockport, is maintained in the
closed position and is remotely oper- The draw of the S70 bridge, mile 23.8
ated. Bridge clearance in the closed po- (Landside Route) near Belle River,
sition in 41.3 feet at pool stage. Vessels shall open on signal; except that, from
requiring more clearance for passage 10 p.m. to 6 a.m., the draw shall open
must contact the remote bridge oper- on signal if at least four hours notice is
ator by radio telephone to request given. During the advance notice pe-
opening. The bridge operator will con- riod, the draw shall open on less than
firm by radiotelephone whether the four hours notice for an emergency and
bridge can be opened safely and shall open on demand should a tem-
promptly. If rail traffic is on or ap- porary surge in waterway traffic occur.
proaching the bridge, the bridge oper- [CGD 088407, 50 FR 24195, June 10, 1985]
ator will advise the vessel that the
bridge cannot be opened, and provide 117.425 Black Bayou.
an approximate time when the bridge The draws of the Terrebonne Parish
can be opened safely. Continuous radio Police Jury bridges, miles 7.5, 15.0, 18.7
contact between the bridge operator and 22.5, between Gibson and Houma,
and the vessel shall be maintained shall open on signal if at least 24 hours
until the vessel has transited and notice is given. The draw of the US90
cleared the bridge. bridge, mile 7.0 near Gibson, need not
[CGD2 8801, 53 FR 23621, June 23, 1988, as be opened for the passage of vessels.
amended by CGD29104, 56 FR 16009, Apr. 19,
1991; CGD29107, 57 FR 2841, Jan. 24, 1992] [CGD88712, 53 FR 5974, Feb. 29, 1988]
117.417 Ohio River. 117.427 Black River.

The draw of the Southern Railway The draw of the US84 bridge, mile
railroad bridge, mile 607.4 at New Al- 41.0 at Jonesville, shall open on signal
bany, Indiana, need not be opened for if at least one hour notice is given.
the passage of vessels.
117.429 Boeuf Bayou.
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
The draw of the S307 bridge, mile 1.3
37381, Sept. 24, 1984]
at Kraemer, shall open on signal; ex-
LOUISIANA cept that, from 9 p.m. to 5 a.m., the
draw shall open on signal if at least 12
117.422 Amite River. hours notice is given.
(a) The draw of the S22 bridge, mile 117.433 Bonfouca Bayou.
6.0 at Clio, shall open on signal if at
least four hours notice is given. The draw of the S433 Bridge, mile 7.0,
(b) The draws of the S16 bridge, mile at Slidell, shall open on signal, except
21.4 near French Settlement, and the that from 6 p.m. to 6 a.m. from Novem-
S42 bridge, mile 32.0 at Port Vincent, ber 1 through February 28 or February
shall open on signal if at least 48 hours 29, the draw shall open on signal if at
notice is given. least two hours, notice is given. From
March 1 through October 30, from 9
[CGD 82025, 49 FR 17452, as amended by CGD p.m. to 7 a.m. the draw shall open on
088404, 49 FR 48924, Dec. 17, 1984. Redesig-
signal if at least two hours, notice is
nated by CGD88805, 53 FR 27681, July 22,
1988] given. On Monday through Friday, ex-
cept Federal holidays, throughout the
117.423 Atchafalaya River. year, the draw need not open for the
passage of vessels from 7 a.m. to 8 a.m.
The draw of the Kansas City South-
and from 1:45 p.m. to 2:45 p.m.
ern Railway bridge, mile 133.1 (mile 5.0
on N.O.S. Chart) above the mouth of [USCG20090863, 76 FR 52569, Aug. 23, 2011]
576
117.434 Caddo Lake. advance notice period, the draw shall

open on less than four hours notice for
The draw of the Kansas City South-
an emergency and shall open on de-
ern railroad bridge, mile 26.4 near
mand should a temporary surge in wa-
Mooringsport, shall open on signal if at
terway traffic occur.
least 24 hours notice is given.
[CGD 088412, 50 FR 23306, June 3, 1985. Re-
[CGD82025, 49 FR 17452. Redesignated by
designated and amended by CGD88510, 50
CGD0896053, 64 FR 8722, Feb. 23, 1999]
FR 38001, Sept. 19, 1985; USCG20110257, 76
FR 31837, June 2, 2011]
117.435 Carlin Bayou.
The draw of the S14 bridge, mile 6.4 117.439 Des Allemands Bayou.
at Delcambre, shall open on signal; ex- (a) The draw of the S631 bridge, mile
cept that, from 9 p.m. to 5 a.m. the 13.9 at Des Allemands, shall open on
draw shall open on signal if at least signal if at least four hours notice is
four hours notice is given. The draw given.
shall open on less than four hours no- (b) The draw of the Burlington
tice for an emergency and shall open Northern Santa Fe Railroad bridge,
on demand should a temporary surge in mile 14.0, shall open on signal Monday
waterway traffic occur. through Friday from 7 a.m. to 3 p.m. At
[CGD88819, 54 FR 16107, Apr. 21, 1989. Redes- all other times the draw shall open on
ignated by CGD0896053, 64 FR 8722, Feb. 23, signal if at least 4 hours notice is
1999] given.
117.436 Chef Menteur Pass. [CGD0893028, 59 FR 14757, Mar. 30, 1994]
The draw of the U.S. Highway 90 117.441 DInde Bayou.

bridge, mile 2.8, at Lake Catherine,
The draw of the Union Pacific rail-
shall open on signal; except that, from
road bridge, mile 4.3, shall open on sig-
5:30 a.m. to 7:30 a.m., Monday through
nal if at least 72 hours notice is given
Friday except Federal holidays, the
to the Defense Plant Corporation, Cit-
draw need open only on the hour and
ies Service Refining Corporation
on the half-hour for the passage of ves-
Agent.
sels. The draw shall open at any time
for a vessel in distress. 117.443 Du Large Bayou.
[CGD0801005, 66 FR 11110, Feb. 22, 2001] The draw of the Terrebonne Parish
bridge, mile 23.2, near Theriot, shall
117.437 Colyell Bayou. open on signal; except that, from 9 p.m.
The removable span of the Louisiana to 5 a.m., the draw shall open on signal
highway bridge, mile 1.0 near Port Vin- if at least 12 hours notice is given.
cent, shall be removed for the passage
[CGD 088407, 50 FR 24195, June 10, 1985]
of vessels if at least 48 hours notice is
given. 117.444 Falgout Canal.
117.438 Company Canal. The draw of the LA 315 bridge across
Falgout Canal, mile 3.1, shall open on
(a) The draw of the LA1 bridge, mile
signal; except that from 15 August to 5
0.4 at Lockport, shall open on signal;
June, the draw need not be opened
except that, from 6 p.m. to 10 a.m. the
from 7 a.m. to 8 a.m. and from 3 p.m. to
draw shall open on signal if at least
4 p.m., Monday through Friday except
four hours notice is given. During the
holidays. The draw shall open on signal
advance notice period, the draw shall
at any time for an emergency aboard a
open on less than four hours notice for
vessel.
an emergency and shall open on de-
mand should a temporary surge in wa- [CGD89111, 56 FR 43872, Sept. 5, 1991]
terway traffic occur.
(b) The draw of the S24 bridge, mile 117.445 Franklin Canal.
8.1 at Bourg, shall open on signal; ex- The draw of the Chatsworth Bridge,
cept that, from 10 p.m. to 6 a.m. the mile 4.8 at Franklin, shall open on sig-
draw shall open on signal if at least nal from 5 a.m. to 9 p.m. if at least one
four hours notice is given. During the hour notice is given. From October 1
577
117.447 33 CFR Ch. I (7112 Edition)
through January 31 from 9 p.m. to 5 (e) The draw of the Louisiana high-
a.m., the draw shall be opened on sig- way bridge, mile 243.8 west of Harvey
nal if at least three hours notice is Canal Locks, shall open on signal when
given. From February 1 through Sep- more than 50 feet vertical clearance is
tember 30 from 9 p.m. to 5 a.m., the required, if at least four hours notice is
draw shall open on signal if at least 12 given to the Louisiana Department of
hours notice is given. Highways, District Maintenance Engi-
neer, at Lake Charles.
[USCG20090670; 74 FR 66238, Dec. 15, 2009]
[CGD 82025, 49 FR 17452, Apr. 24, 1984]
117.447 Grand Cabahanosse Bayou. EDITORIAL NOTE: For FEDERAL REGISTER ci-
The draw of the S70 bridge, mile 7.6 tations affecting 117.451, see the List of CFR
near Paincourtville, shall open on sig- Sections Affected, which appears in the
nal if at least 24 hours notice is given. Finding Aids section of the printed volume
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
amended by USCG20019286, 66 FR 33641, 117.453 Houma Canal.
June 25, 2001]
117.449 Grosse Tete Bayou. at Houma, shall open on signal if at
least four hours notice is given.
(a) The draw of the Union Pacific
railroad bridge, mile 14.7 at Grosse [CGD 088406, 50 FR 1850, Jan. 14, 1985]
Tete, need not be opened for the pas-
117.455 Houma Navigation Canal.
sage of vessels.
(b) The removable span of the S377 The draw of SR 661 (Houma Nav
bridge, mile 15.3 near Rosedale, shall be Canal) bridge, mile 36.0, at Houma,
removed for the passage of vessels if at shall open on signal; except that, the
least 48 hours notice is given. draw need not open for the passage of
vessels Monday through Friday except
117.451 Gulf Intracoastal Waterway. Federal holidays from 6:30 a.m. to 8:30
(a) The draw of the Lapalco Boule- a.m., from 11:45 a.m. to 12:15 p.m., from
vard Bridge, Harvey Canal Route, mile 12:45 p.m. to 1:15 p.m. and from 4:30
2.8 at Harvey, shall open on signal; ex- p.m. to 6 p.m.
cept that, from 6:30 a.m. to 8:30 a.m. [CGD0805004, 70 FR 20469, Apr. 20, 2005]
and from 3:45 p.m. to 5:45 p.m. Monday
through Friday except holidays, the 117.457 Houston River.
draw need not be opened for the pas- The draw of the Kansas City South-
sage of vessels. ern Railroad bridge, mile 5.2 near Lake
(b) The draw of the SR 23 bridge, Al- Charles, shall open on signal if at least
giers Alternate Route, mile 3.8 at Belle 24 hours notice is given.
Chasse, shall open on signal; except
that, from 6 a.m. to 8:30 a.m. and from 117.458 Inner Harbor Navigation
3:30 p.m. to 5:30 p.m. Monday through Canal, New Orleans.
Friday, except Federal holidays, the (a) The draws of the SR 46 (St. Claude
draw need not be opened for the pas- Avenue) bridge, mile 0.5 (GIWW mile
sage of vessels. 6.2 East of Harvey Lock), the SR 39
(c) The draw of the SR 315 (Bayou (Judge Seeber/Claiborne Avenue)
Dularge) bridge, mile 59.9 west of Har- bridge, mile 0.9 (GIWW mile 6.7 East of
vey Lock, at Houma, shall open on sig- Harvey Lock), and the Florida Avenue
nal; except that, the draw need not bridge, mile 1.7 (GIWW mile 7.5 East of
open for the passage of vessels Monday Harvey Lock), shall open on signal; ex-
through Friday except Federal holi- cept that, from 6:30 a.m. to 8:30 a.m.
days from 6:30 a.m. to 8:30 a.m., from and from 3:30 p.m. to 5:45 p.m., Monday
11:45 a.m. to 12:15 p.m., from 12:45 p.m. through Friday, except federal holi-
to 1:15 p.m. and from 4:30 p.m. to 6 p.m. days, the draws need not open for the
(d) The draw of the SR 319 (Louisa) passage of vessels. The draws shall
bridge across the Gulf Intracoastal Wa- open at any time for a vessel in dis-
terway, mile 134.0 west of Harvey Lock, tress.
near Cypremort, shall open on signal if (b) The draw of the US90 (Danziger)
at least 24 hours notice is given. bridge, mile 3.1, shall open on signal;
578
except that, from 8 p.m. to 7 a.m. the 117.463 Lacombe Bayou.

draw shall open on signal if at least The draw of the US190 bridge, mile
four hours notice is given, and the 6.8 at Lacombe, shall open on signal if
draw need not be opened from 7 a.m. to at least 48 hours notice is given.
8:30 a.m. and 5 p.m. to 6:30 p.m. Monday
through Friday. 117.465 Lafourche Bayou.
(c) The draw of the Senator Ted (a) The draws of the following bridges
Hickey Bridge, mile 4.6, shall open on shall open on signal; except that, from
signal; except that, from 7 a.m. to 8:30 August 15 through May 31, the draw
a.m. and 5 p.m. to 6:30 p.m. Monday need not open for the passage of vessels
through Friday, the draw need not be Monday through Friday except Federal
opened. holidays from 7 a.m. to 8:30 a.m.; from
2 p.m. to 4 p.m.; and from 4:30 p.m. to
[CGD88905, 54 FR 36305, Sept. 1, 1989, as 5:30 p.m.:
amended by CGD0801002, 66 FR 27026, May (1) SR 308 (Golden Meadow) Bridge,
16, 2001; GCD0803030, 68 FR 69609, Dec. 15,
mile 23.9, at Golden Meadow
2003; USCG20100351, 75 FR 49411, Aug. 13,
(2) Galliano Pontoon Bridge, mile
2010]
27.8, at Galliano
117.459 Kelso Bayou. (3) SR 308 (South Lafourche (Tarpon))
Bridge, mile 30.6, at Galliano
The draw of the S27 bridge mile 0.7 at (4) Cote Blanche Pontoon Bridge,
Hackberry, shall operate as follows: mile 33.9, at Cutoff
(a) From May 20, through October 31, (5) Cutoff Vertical Lift Bridge, mile
the draw shall open on signal from 7 36.3, at Cutoff
a.m. to 7 p.m. From 7 p.m. to 7 a.m., (6) SR 310 (Larose Pontoon) Bridge,
the draw shall open on signal if at least mile 39.1, at Larose
four hours notice is given. (b) The draw of the Valentine bridge,
(b) From November 1 through Decem- mile 44.7 at Valentine, shall open on
ber 22, the draw shall open on signal signal; except that, from 6 p.m. to 6
from 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m., the draw shall open on signal if at
least four hours advance notification is
a.m., the draw shall open on signal if at
given. During the advance notification
least four hours notice is given. period, the draw shall open on less than
(c) From December 23 through May four hours notice for an emergency and
19, the draw shall open on signal if at shall open on demand should a tem-
least 24 hours notice is given. porary surge in water traffic occur.
[CGD 0894028, 63 FR 40654, July 30, 1998] (c) The draws of the S3220 bridge,
mile 49.2 near Lockport, and the S655
117.460 La Carpe Bayou. bridge, mile 50.8 at Lockport, shall
open on signal; except that, from 6 p.m.
The draw of the S661 bridge, mile 7.5, to 10 a.m. the draws shall open on sig-
shall open on signal if at least four nal if at least four hours notice is
hours advance notice is given; except given. During the advance notice pe-
that, the draw need not be opened for riod, the draws shall open on less than
the passage of vessels Monday through four hours notice for an emergency and
Friday except holidays from 7 a.m. to shall open on demand should a tem-
8:30 a.m. and 4:30 p.m. to 6 p.m. porary surge in waterway traffic occur.
(d) The draw of the State Route LA
[CGD89005, 55 FR 33289, Aug. 15, 1990]
654 bridge, mile 53.2 at Clotilda, shall
117.461 Lacassine Bayou. open on signal if at least four hours no-
tice is given. During the advance no-
The draws of the S14 bridge, mile tice period, the draw shall open on less
17.0, and the Southern Pacific railroad than four hours notice for an emer-
bridge, mile 20.4, both near Hayes, shall gency and shall open on demand should
open on signal if at least 24 hours no- a temporary surge in waterway traffic
tice is given. occur.
(e) The draws of the S3199 bridge,
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
37381, Sept. 24, 1984]
mile 58.2, and the Lafourche Parish
bridge, mile 58.7, both at Raceland,
579
117.467 33 CFR Ch. I (7112 Edition)
shall open on signal if at least six 117.473 Little River.

hours notice is given. The draw of the Louisiana and Ar-
(f) The draw of the S649 bridge, mile kansas railroad bridge, mile 12.1 at Ar-
66.6, shall open on signal if at least chie, shall open on signal if at least 12
forty-eight hours notice is given. hours notice is given.
(g) The draws of the Burlington
Northern Santa Fe railroad bridge, 117.475 Little (Petit) Caillou Bayou.
mile 69.0 at Lafourche, and all bridges (a) The draws of the S58 bridge, mile
upstream of the Burlington Northern 25.7 at Sarah, and the Terrebonne Par-
Santa Fe railroad bridge need not be ish (Smithridge) bridge, mile 26.6 near
opened for the passage of vessels. Montegut, shall open on signal; except
that, from 9 p.m. to 5 a.m., the draws
[CGD 82025, 49 FR 17452, Apr. 24, 1984] shall open on signal if at least 12 hours
EDITORIAL NOTE: For FEDERAL REGISTER ci- notice is given.
tations affecting 117.465, see the List of CFR (b) The draws of the Terrebonne Par-
Sections Affected, which appears in the ish (DuPlantis) bridge, mile 29.9 near
Finding Aids section of the printed volume Bourg, and the S24 bridge, mile 33.7 at
and at www.fdsys.gov. Presquille, shall open on signal if at
least four hours notice is given. The
117.467 Lake Pontchartrain. draws shall open on less than four
(a) The south draw of the S11 bridge hours notice for an emergency, and
near New Orleans shall open on signal shall open on signal should a tem-
if at least 48 hours notice is given. In porary surge in waterway traffic occur.
case of emergency, the draw shall open [CGD88602, 51 FR 31113, Sept. 2, 1986]
within 12 hours and shall be kept in
condition for immediate operation 117.477 Lower Atchafalaya River.
until the emergency is over. The draw of the St. Mary Parish
(b) The draw of the Greater New Orle- bridge, mile 26.8 at Patterson, shall
ans Expressway Commission Causeway open on signal from 5 a.m. to 9 p.m.
shall open on signal if at least three From October 1 through January 31
hours notice is given; except that, the from 9 p.m. to 5 a.m., the draw shall
draw need not be opened for the pas- open on signal if at least three hours
sage of vessels Monday through Friday notice is given. From February 1
except Federal holidays from 5:30 a.m. through September 30 from 9 p.m. to 5
to 9:30 a.m. and from 3 p.m. until 7 p.m.
The draw will open on signal for any
vessel in distress or vessel waiting im- [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
mediately following the closures listed 37381, Sept. 24, 1984]
above. 117.478 Lower Grand River.
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as (a) The draw of the LA 75 bridge, mile
amended by CGD89002, 55 FR 13522, Apr. 11, 38.4 (Alternate Route) at Bayou Sorrel,
1990; CGD0801022, 66 FR 56208, Nov. 7, 2001] shall open on signal; except that from
about August 15 to about June 5 (the
117.469 Liberty Bayou.
school year), the draw need not be
The draw of the S433 Bridge, mile 2.0, opened from 6 a.m. to 8 a.m. and from
at Slidell, shall open on signal, except 3 p.m. to 4:30 p.m., Monday through
that between 7 p.m. to 7 a.m., the draw Friday except holidays. The draw shall
shall open on signal if at least two open on signal at any time for an emer-
hours notice is given. gency aboard a vessel.
(b) The draw of the LA 77 bridge, mile
[USCG20070078, 73 FR 12886, Mar. 11, 2008] 47.0 (Alternate Route) at Grosse Tete,
117.471 Little Black Bayou.
about August 15 to about June 5 (the
The draw of the Southern Pacific school year), the draw need not be
railroad bridge, mile 1.3 at Southdown, opened from 6 a.m. to 8 a.m. and from
need not be opened for the passage of 2:30 p.m. to 4:30 p.m., Monday through
vessels. Friday except Federal holidays. The
580
draw shall open on signal at any time 117.483 Ouachita River.

for an emergency aboard a vessel. The draw of the S8 Bridge, mile 57.5,
(c) The draw of the S997 bridge, mile at Harrisonburg, shall open on signal if
41.5 (Landside Route) at Pigeon, shall at least one hour notice is given.
open on signal; except that, from 10
p.m. to 6 a.m., the draw shall open on [CGD0807020, 72 FR 59014, Oct. 18, 2007]
signal if at least four hours notice is 117.484 Pass Manchac.
given. During the advanced notice pe-
riod, the draw shall open on less than The draw of the Canadian National/
four hours notice for an emergency and Illinois Central Railroad automated
bridge, mile 6.7, at Manchac, operates
shall open on demand should a tem-
as follows:
porary surge in waterway traffic occur.
(a) The draw is not constantly
[CGD89216, 57 FR 57962, Dec. 8, 1992, as manned and the bridge will normally
amended by CGD0893024, 59 FR 14756, Mar. be maintained in the open position,
30, 1994; CGD0896003, 61 FR 49064, Sept. 18, providing 56 feet vertical clearance
1996; USCG20090686, 75 FR 16009, Mar. 31, above mean high tide to the raised tip
2010] of the bascule span for one-half the
channel, and unlimited vertical clear-
117.479 Macon Bayou. ance for the other half.
The draw of the S4 bridge, mile 44.8 (b) Railroad track circuits will detect
near Winnsboro, shall open on signal if an approaching train and initiate
at least 24 hours notice is given. bridge closing warning broadcasts over
marine radio and over the Public Ad-
117.480 Mermentau River. dress (PA) system six (6) minutes in ad-
The draw of the S82 bridge, mile 7.1 vance of the trains arrival. Navigation
at Grand Chenier, shall open on signal; channel warning lights will be lit, and
except that, from 6 p.m. to 6 a.m. the photoelectric (infrared) boat detectors
will monitor the waterway beneath the
bridge for the presence of vessels. The
hours notice is given. During the ad-
waterway approaches to the bridge will
vance notice period, the draw will open
be monitored by closed circuit TV
on less than 4 hours notice for an emer-
(CCTV) cameras.
gency and will open on demand should (c) Activation of the warning broad-
a temporary surge in waterway traffic casts also activates a marine radio
occur. monitor in the Mays Yard (New Orle-
[CGD894027, 60 FR 14221, Mar. 16, 1995] ans switch yard). The yardmaster will
continuously monitor marine radio
117.481 Milhomme Bayou broadcasts on the normal and emer-
gency marine radio channels through-
The draw of the Stephensville Bridge,
out the warning period and at all times
mile 12.2 (Landside Route) at
the bridge is closed. The yardmaster
Stephensville shall open on signal if at
will communicate with waterway users
least one hour of advance notice is via the marine radio, if necessary.
given. During the advance notice pe- (d) At the end of warning period, if no
riod, the draw shall open on less than vessels have been detected by the boat
one hour notice for an emergency, and detectors, and no interruptions have
shall open on demand should a tem- been performed by the yardmaster
porary surge in waterway traffic occur. based on his monitoring of the marine
[73 FR 43, Jan. 2, 2008] radio and the CCTV, the bridge low-
ering sequence will automatically pro-
117.482 Nezpique Bayou. ceed.
(e) Upon passage of the train, the
The draw of the S97 bridge, mile 7.0 bridge will automatically open. Rail-
near Jennings, shall open on signal if road track circuits will initiate the
at least 48 hours notice is given. automatic bridge opening and closing
[CGD 82-025, 49 FR 17452, Apr. 24, 1984. Redes- sequences. (Estimated duration that
ignated by CGD8-86-04, 51 FR 36224, Oct. 9, the bridge will remain closed for pas-
1986] sage of rail traffic is 10 to 12 minutes.)
581
117.485 33 CFR Ch. I (7112 Edition)
The bridge will also be manually oper- 117.488 Plaquemine Bayou.

able from two locked trackside control
(a) The draw of the S3066 (Spur)
locations (key releases) on the ap-
bridge, mile 6.5 at Indian Village, shall
proach spans, one on each side of the
open on signal if at least four hours no-
movable span.
tice is given.
(f) The yardmaster will be provided
(b) The draws of the Union Pacific
with a remote EMERGENCY STOP
railroad bridge, mile 10.5 at
button which, if pressed, will stop the Plaquemine, and the S1 bridge, mile
bridge operation, interrupt the low- 10.5 at Plaquemine, need not be opened
ering sequence, and immediately re- for the passage of vessels.
turn the bridge to the open position.
The yardmaster will utilize this con- [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
trol feature in the event a vessel oper- amended by CGD 088401; 49 FR 28405, July
ator issues an urgent radio call to keep 12, 1984. Redesignated by USCG200110881, 71
FR 70311, Dec. 4, 2006]
the waterway open for immediate pas-
sage of the vessel. 117.489 Plaquemine Brule Bayou.
[CGD0893023, 59 FR 14755, Mar. 30, 1994; 59 The draw of the S91 bridge, mile 8.0
FR 23158, May 5, 1994, as amended by USCG at Estherwood, shall open on signal
20007223, 65 FR 40056, June 29, 2000]
from 5 a.m. to 9 p.m. if at least four
117.485 Patout Bayou. hours notice is given. From 9 p.m. to 5
The draw of the S83 bridge, mile 0.4 least 12 hours notice is given.
near Weeks, shall open on signal if at
least four hours notice is given. [USCG20080850, 73 FR 51362, Sept. 3, 2008]
117.486 Pearl River. 117.491 Red River.

(a) The draw of the CSX Transpor- (a) The draw of the Union Pacific
tation railroad bridge, mile 1.0 near Railroad bridge, mile 90.1, at Alexan-
English Lookout, shall open on signal; dria, shall open on signal if at least
except that, from 9 p.m. to 5 a.m. the eight hours notice is given.
draw shall open on signal if at least (b) The draw of the US 165 (Jackson
four hours notice is given. St.) bridge, mile 88.6, at Alexandria,
(b) The draw of the US 90 highway shall open on signal if at least eight
bridge, mile 8.8 near Pearlington, shall hours notice is given; except that, from
open on signal; except that, from 7 p.m. 7 a.m. to 9 a.m. and from 4 p.m. to 6
to 7 a.m. the draw shall open on signal p.m. the draw need not be opened Mon-
if at least four hours notice is given. day through Friday except holidays.
(c) The draws of the bridges above
[CGD89209, 57 FR 34868, Aug. 7, 1992, as mile 105.8 through mile 234.4 shall open
amended by USCG19983799, 63 FR 35527, on signal if at least 48 hours notice is
June 30, 1998. Redesignated by USCG2001 given.
10881, 71 FR 70311, Dec. 4, 2006]
(d) The draws of the bridges above
117.487 Pierre Pass. mile 234.4 to mile 276 need not be
opened for passage of vessels.
The draw of the S70 bridge, mile 1.0 (e) When a vessel which has given no-
at Pierre Part, shall open on signal; ex- tice fails to arrive at the time specified
cept that, from 10 p.m. to 6 a.m., the in the notice, the drawtender shall re-
draw shall open on signal if at least main on duty for up to two additional
four hours notice is given. During the hours to open the draw if that vessel
advance notice period, the draw shall appears. After that time, a new notice
open on less than four hours notice for of the appropriate length of time is re-
an emergency and shall open on de- quired.
mand should a temporary surge in wa-
terway traffic occur. [CGD0894026, 60 FR 7123, Feb. 7, 1995, as
amended by CGD0895024, 61 FR 4886, Feb. 9,
[CGD 088407, 50 FR 24195, June 10, 1985. Re- 1996; CGD0896025, 61 FR 39873, July 31, 1996;
designated by USCG200110881, 71 FR 70311, CGD897037, 62 FR 52502, Oct. 8, 1997; CGD08
Dec. 4, 2006] 00020, 65 FR 52022, Aug. 28, 2000]
582
117.493 Sabine River. holidays, the draw need only open on

(a) The draw of the Union Pacific the hour.
railroad bridge, mile 19.3 near Echo [USCG20070079, 73 FR 12888, Mar. 11, 2008]
shall open on signal if at least 14 days
notice is given. 117.501 Teche Bayou.
(b) The Kansas City Southern rail- (a) The draws of the following bridges
road bridge, mile 36.2 near Ruliff and shall open on signal if at least four
the draw of the S12 bridge, mile 40.8 at hours notice is given:
Starks, need not be opened for passage (1) St. Mary Parish bridge, mile 3.9 at
of vessels. Calumet.
[CGD0895017, 61 FR 4887, Feb. 9, 1996, as (2) St. Mary Parish bridge, mile 11.8
amended by USCG20090101, 74 FR 41633, at Centerville.
Aug. 18, 2009] (3) S3069 bridge, mile 16.3 at Frank-
lin.
117.494 Schooner Bayou Canal. (4) S322 bridge, mile 17.2 at Franklin.
The draw of the S82 bridge, mile 4.0 (5) S323 bridge, mile 22.3 at Oaklawn.
from White Lake at Little Prairie (6) St. Mary Parish bridge, mile 27.0
Ridge, shall open on signal; except at Baldwin.
that, from 10 p.m. to 6 a.m. the draw (7) S324 bridge, mile 32.5 at
shall open on signal if at least four Charenton.
hours notice is given. The draw shall (8) S670 bridge, mile 37.0 at Adeline.
open on less than four hours notice for (9) St. Mary Parish bridge, mile 38.9
an emergency and shall open on signal at Sorrel.
should a temporary surge in waterway (10) S671 bridge, mile 41.8 at
traffic occur. Jeanerette.
[CGD 88511, 50 FR 37175, Sept. 12, 1985] (11) S3182 bridge, mile 43.5 at
Jeanerette.
117.495 Superior Oil Canal. (12) LSU Agri bridge, mile 46.5 near
The draw of the S82 bridge, mile 6.3, Jeanerette (notice required for opening
in Cameron Parish shall open on signal from 7 a.m. to 5 p.m., Monday through
if at least 8 hours notice is given. Pub- Friday except holidays).
lic vessels of the United States and ves- (13) S320 bridge, mile 48.7 at Olivier.
sels in distress shall be passed as soon (14) S3195 bridge, mile 50.4 at New
as possible. Iberia.
(15) S87 Spur bridge, mile 52.5 at New
[CGD0894029, 60 FR 4561, Jan. 24, 1995] Iberia.
(16) S86 bridge, mile 53.0 at New Ibe-
117.497 Stumpy Bayou.
ria.
The removable span of the Louisiana (17) S3156 bridge, mile 53.3 at New
highway bridge, mile 1.0 near Weeks Is- Iberia.
land, shall be removed for the passage (18) S44 bridge, mile 56.7 at Morbihan.
of vessels if at least six days notice is (19) Iberia Parish bridge, mile 58.0 at
given. New Iberia.
(20) Iberia Parish bridge, mile 60.7 at
117.499 Tante Phine Pass. Vida.
The draw of the Tidewater Associ- (21) S344 bridge, mile 62.5 at
ated Oil Company bridge, mile 7.6 near Loreauville.
Venice, shall open on signal if at least (22) S86 bridge, mile 69.0 at Daspit.
24 hours notice is given. (23) S92 bridge, mile 73.3 at St.
Martinville.
117.500 Tchefuncta River. (b) The draws of the S96 bridge, mile
The draw of the S22 Bridge, mile 2.5, 75.2 at St. Martinville, and the S350
at Madisonville, shall open on signal, bridge, mile 82.0 at Parks, shall open
from 7 p.m. to 6 a.m. From 6 a.m. to 7 on signal if at least 24 hours notice is
p.m., the draw need only open on the given.
hour and half hour, except that, from 6 (c) The draws of the S31 bridge, mile
a.m. to 9 a.m. and from 4 p.m. to 7 p.m. 90.5, at Breaux Bridge, and the Union
Monday through Friday except Federal Pacific railroad bridge, mile 91.0 at
583
117.503 33 CFR Ch. I (7112 Edition)
Breaux Bridge, shall open on signal if shall open on signal should a tem-
at least 48 hours notice is given. porary surge in waterway traffic occur.
(d) The draws of the bridges listed in [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
paragraph (a) of this section shall open amended by CGD 088409, 50 FR 7586, Feb. 25,
on less than four hours notice for an 1985; CGD88902, 54 FR 27642, June 30, 1989;
emergency during the advance notice CGD88902, 54 FR 34769, Aug. 22, 1989; CGD8
period, and shall open on signal should 9303, 58 FR 29973, May 25, 1993; CGD0801003,
66 FR 52687, Oct. 17, 2001; CGD0804028, 69 FR
a temporary surge in waterway traffic 49813, Aug. 12, 2004]
occur.
117.507 Tigre Bayou.
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
amended by CGD 088304, 49 FR 35936, Sept. The draw of the S330 bridge, mile 2.3
13, 1984; CGD 88516, 50 FR 50164, Dec. 9, 1985; near Delcambre, shall open on signal if
CGD88609, 52 FR 3225, Feb. 3, 1987; CGD889 at least four hours notice is given. The
12, 54 FR 53056, Dec. 27, 1989; CGD0893015, 58 draw shall open on less than four hours
FR 43264, Aug. 16, 1993; USCG19983799, 63 FR notice for an emergency and shall open
35527, June 30, 1998; CGD0803032, 68 FR on signal should a temporary surge in
55006, Sept. 22, 2003] waterway traffic occur.
117.503 Tensas River. [CGD 88508, 50 FR 52774, Dec. 26, 1985]
The draws of the S15 bridge, mile 27.3 117.509 Vermilion River.
at Clayton, and the S128 bridge, mile (a) The draw of the S82 bridge, mile
61.0 at New Light, shall open on signal 22.4 at Perry, shall open on signal; ex-
if at least 48 hours notice is given. cept that, from 9 p.m. to 5 a.m. the
[CGD0804034, 69 FR 60556, Oct. 12, 2004] draw shall open on signal if at least
four hours notice is given.
117.505 Terrebonne Bayou. (b) The draws of the following bridges
(a) The draw of the S58 bridge, mile 6 p.m. to 10 a.m. the draws shall open
22.2 at Montegut, and the draw of the on signal if at least four hours notice is
S55 bridge, mile 27.3 at Klondyke, shall given:
open on signal; except that from 9 p.m. (1) S14 bridge, mile 25.4 at Abbeville.
to 5 a.m. the draws shall open on signal (2) S14 Bypass bridge, mile 26.0 at
if at least four hours notice is given. Abbeville.
(b) The draw of the S3087 bridge, mile (3) Vermilion Parish bridge, mile 34.2
33.9 at Houma, shall open on signal; ex- near Milton.
cept that, from 5 p.m. to 9 a.m. the (4) S92 bridge, mile 37.6 at Milton.
draw shall open on signal if at least (c) The draws of the following bridge
four hours notice is given. shall open on signal if at least four
(c) The draws of the Howard Avenue hours notice is given:
(1) S733, mile 41.0 at Eloi Broussard.
bridge, mile 35.0, and the Daigleville
(2) S3073 bridge, mile 44.9 at New
bridge, mile 35.5, at Houma, shall open
Flanders.
on signal; except that, the draws need (3) S182 bridge, mile 49.0 at Lafayette.
not open for the passage of vessels (d) During the advance notice peri-
Monday through Friday, except holi- ods, the draws of the bridges listed in
days from 7 a.m. to 8:30 a.m. and 4:30 this section shall open on less than
p.m. to 6 p.m. From 10 p.m. to 6 a.m., four hours notice for an emergency and
the draws shall open on signal if at shall open on signal should a tem-
least four hours notice is given. porary surge in waterway traffic occur.
(d) During advance notice periods, [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
the draws of the bridges listed in this amended by CGD 088305, 49 FR 31868, Aug. 9,
section shall open on less than four 1984; CGD 88513, 50 FR 40832, Oct. 7, 1985]
hours notice for an emergency and
117.511 West Pearl River.
(a) The draw of the Norfolk Southern
railroad bridge, mile 22.1 at Pearl River
Station, shall open on signal if at least
six hours notice is given.
584
(b) The draw of the US 90 bridge, mile drawtender is on duty between 9 a.m.
7.9 near Pearlington, shall open on sig- and 5 p.m. From October 1 through
nal if at least four hours notice is May 31, the draw shall open on signal
given. after at least a twenty-four-hour ad-
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as vance notice is given to the Maine De-
amended by CGD 088403, 49 FR 47231, Dec. 3, partment of Transportation Division
1984] Office in Rockland, Maine.
[CGD189077, 55 FR 11182, Mar. 27, 1990 as
MAINE amended by CGD1 92002, 57 FR 24190, June 8,
1992; CGD0198174, 64 FR 61521, Nov. 12, 1999;
117.521 Back Cove. CGD0100193, 66 FR 9202, Feb. 7, 2001]
The draw of the Canadian National
railroad bridge, mile 0.2 at Portland, 117.527 Kennebunk River.
need not be opened for the passage of The Dock Square drawbridge at mile
vessels. The draw shall be returned to 1.0, across the Kennebunk River, be-
operable condition within six months tween Kennebunk and Kennebunkport,
after notification from the District Maine, need not open for vessel traffic.
Commander to do so. The owners of the bridge shall provide
and keep in good legible condition, two
117.523 Back River.
board gages in accordance with 33 CFR
The draw of the Maine Department of 118.160, of this chapter.
Transportation highway bridge, mile
[CGD0199024, 64 FR 60673, Nov. 8, 1999]
4.6 between Hodgdon and Barters Island
at Boothbay, shall open on signal from 117.529 Narraguagus River.
June 1 through October 31; except that,
from 5 p.m. to 8 a.m., the draw shall be The draw of the highway bridge, mile
opened on signal if notice was given to 1.8 at Milbridge, shall open on signal if
the drawtender from 8 a.m. to 5 p.m. at least 24 hours notice is given to the
From November 1 through May 31 the Maine State Highway Commission, Di-
draw shall open on signal if at least 24 vision Office at Ellsworth.
hours notice is given to the drawtender [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
or to the Maine Department of Trans- 37382, Sept. 24, 1984]
portation at Augusta.
117.531 Piscataqua River.
117.525 Kennebec River. (a) The following requirements apply
(a) The draw of the Carlton Bridge, to all bridges across the Piscataqua
mile 14.0, between Bath and Woolwich River:
shall operate as follows: (1) Public vessels of the United
(1) From May 15 through September States, commercial vessels over 100
30 the draw shall open on signal; except gross tons, inbound ferry service ves-
that, from 5 p.m. to 8 a.m., the draw sels and inbound commercial fishing
shall open on signal if a two-hour no- vessels must be passed through the
tice is given by calling the number drawspan of each drawbridge as soon as
posted at the bridge. possible. The opening signal from these
(2) From October 1 through May 14 vessels is four or more short blasts of a
the draw shall open on signal; except whistle, horn or a radio request.
that, from 5 p.m. to 8 a.m., the draw (2) The owners of these bridges shall
shall open on signal after a twenty-four provide and keep in good legible condi-
hours notice is given and from 8 a.m. to tion clearance gauges for each draw
5 p.m., on Saturday and Sunday, after with figures not less than 18 inches
an eight-hour notice is given by calling high designed, installed and main-
the number posted at the bridge. tained according to the provisions of
(b) The draw of the Route-197 bridge, 118.160 of this chapter.
mile 27.1, between Richmond and Dres- (3) Trains and locomotives shall be
den shall open on signal from June 1 controlled so that any delay in opening
through September 30, from 9 a.m. to 5 the draw shall not exceed five minutes.
p.m. From 5 p.m. to 9 a.m., the draw However, if a train moving toward the
shall open on signal after notice is bridge has crossed the home signal for
given to the drawtender while the the bridge before the signal requesting
585
117.533 33 CFR Ch. I (7112 Edition)
opening of the bridge is given, that MARYLAND

train may continue across the bridge
and must clear the bridge interlocks 117.543 Bear Creek.
before stopping. (a) The draw of the Peninsula Park-
(4) Except as provided in paragraphs way Bridge, mile 2.1, between Dundalk
(b) through (c) of this section the draws and Sparrows Point, shall open on sig-
shall open on signal. nal; except that, from April 16 through
(b) The draw of the Memorial (US 1) November 15 from 12 midnight to 8 a.m.
bridge, mile 3.5, shall open on signal; except Saturdays and Sundays, and
except that from 15 May through 31 Oc- Federal and State holidays, at least
tober, from 7 a.m. to 7 p.m., the draw one half hour notice is required.
need be opened only on the hour and (b) The draw of the Baltimore County
half hour for recreational vessels and highway bridge, mile 3.4 at Wise Ave-
commercial vessels less than 100 gross nue between Dundalk and Sparrows
tons except as provided in (a)(1). Point, shall open on signal if at least
(c) The draw of the Sarah M. Long four hours notice is given.
(Route 1 Bypass) bridge, mile 4.0, shall
open as follows: [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
(1) The main ship channel draw shall amended by USCG20110816, 76 FR 65120, Oct.
20, 2011]
open on signal; except that from 15
May through 31 October, from 7 a.m. to 117.547 Bush River.
7 p.m., the draw need be opened only at
quarter of and quarter after the hour The draw of the Amtrak bridge, mile
for recreational vessels and commer- 6.8 at Perryman, operates as follows:
cial vessels less than 100 gross tons ex- (a) When notice under paragraph (b)
cept as provided in (a)(1). of this section is given, the draw shall
(2) The secondary recreation draw open twice a day
shall be left in the fully open position (1) From May 1 through September
from 15 May through 31 October except 30, on each Saturday, Sunday, and Fed-
for the crossing of a train in accord- eral holiday falling on a Friday or a
ance with (a)(3) above. Monday; and
(2) In October, on the Saturday and
[CGD189111, 55 FR 13275, Apr. 10, 1990, as Sunday of one weekend.
(b) Notice of the need for an opening
Dec. 4, 2006]
is given to the Amtrak Assistant
117.533 Sheepscot River. Transportation Superintendent at 301
2914278 by an authorized representa-
The draw of the Maine Central Rail-
tive of the Bush River Yacht Club by
road Bridge, mile 15.0, between
noon on the Friday just preceding the
Wiscasset and North Edgecombe,
day of opening or, if that Friday is a
Maine, need not be opened for the pas-
Federal holiday, by noon on the pre-
sage of vessels. The draw of the Maine
ceding Thursday.
Central Railroad Bridge shall be re-
(c) Amtrak determines the times for
turned to operable condition within six
openings and shall schedule the times
months after notification by the Dis-
(1) During daylight hours;
trict Commander to do so.
(2) Six to ten hours apart; and
[CGD0197128, 63 FR 18323, Apr. 15, 1998] (3) One opening before noon and one
after noon.
117.537 Townsend Gut. (d) Amtrak shall notify a representa-
The draw of the Southport (SR27) tive of the Yacht Club of the times of
Bridge, at mile 0.7, across Townsend all openings for the weekend (or ex-
Gut between Boothbay Harbor and tended weekend) in question by 6 p.m.
Southport, Maine shall open on signal; on the Friday just preceding the week-
except that, from April 29 through Sep- end or, if that Friday is a Federal holi-
tember 30, between 6 a.m. and 6 p.m., day, by 6 p.m. on the preceding Thurs-
the draw shall open on signal on the day.
hour and half hour only, after an open- (e) Each opening shall be of sufficient
ing request is given. duration to pass waiting vessels.
[CGD0106019, 71 FR 47098, Aug. 16, 2006] [CGD 58501, 50 FR 18480, May 1, 1985]
586
117.549 Cambridge Harbor. (a) From October 1 through April 30,

from 6 p.m. to 6 a.m., the draw shall
open if notice has been given to the
at Cambridge, shall open on signal
bridge tender before 6 p.m.
from 6 a.m. to 8 p.m.; except that, from
12 noon to 1 p.m. Monday through Fri- (b) From May 25 through September
day, the draw need not be opened. The 15, from 9:25 a.m. to 9:55 p.m., the draw
draw need not be opened from 8 p.m. to shall open at 25 minutes after and 55
6 a.m. minutes after the hour for a maximum
of five minutes to let accumulated ves-
117.551 Chester River. sels pass, except that on Saturdays,
from 1 p.m. to 5 p.m., the draw shall
The draw of the S213 Bridge, mile open on the hour for all waiting vessels
26.8, at Chestertown, shall open on sig- and shall remain in the open position
nal if at least six hours notice is given. until all waiting vessels pass.
[USCG20090796, 75 FR 10174, Mar. 5, 2010] (c) On July 4, the draw need not open
from 9:30 p.m. until 10:30 p.m. to ac-
117.553 Choptank River. commodate the annual July 4th fire-
(a) The draw of the Maryland 331 works show. Should inclement weather
bridge, mile 35.3, at Dover, shall open prevent the fireworks event from tak-
on signal from 6 a.m. to 6 p.m., year- ing place as planned, the draw need not
round, and the draw shall remain open from 9:30 p.m. until 10:30 p.m. on
closed from 6 p.m. to 6 a.m., year- July 5th to accommodate the annual
round, unless 24 hours advance notice July 4th fireworks show.
is given by calling (301) 8208592 or (301) [USCG20100612, 76 FR 23187, Apr. 26, 2011, as
7452096. amended by USCG20110697, 76 FR 70348,
(b) The draw of the Conrail bridge, Nov. 14, 2011]
mile 50.9 at Denton, shall open on sig-
nal from May 30 through September 30 117.561 Kent Island Narrows.
from sunrise to sunset and at all other The draw of the U.S. Route 50/301
times if at least four hours notice is bridge, mile 1.0, Kent Island Narrows,
given. operates as follows:
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as (a) From November 1 through April
amended by CGD590059, 55 FR 35622, Aug. 30, the draw shall open on signal from
31, 1990] 6 a.m. to 6 p.m. but need not be opened
from 6 p.m. to 6 a.m.
117.555 College Creek. (b) From May 1 through October 31,
The draws of the Naval Academy the draw shall open on signal on the
highway bridge, mile 0.3 at Annapolis, hour and half-hour from 6 a.m. to 9
and the Maryland highway bridge, mile p.m., but need not be opened from 9
0.4 at Annapolis, need not be opened for p.m. to 6 a.m.
the passage of vessels. (c) The draw shall open on signal for
public vessels of the United States,
117.557 Curtis Creek. state and local government vessels
The draw of the I695 bridge, mile 1.0 used for public safety purposes, and
at Baltimore, shall open on signal if at vessels in distress. Operational infor-
least a one-hour notice is given to the mation will be available 24 hours a day
Maryland Transportation Authority in by calling 18005432515.
Baltimore. [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as amended by CGD587055, 53 FR 9888, Mar. 28,
amended by USCG20100351, 75 FR 49411, 1988; CGD0505019, 70 FR 38595, July 5, 2005]
Aug. 13, 2010]
117.563 Marshyhope Creek.
117.559 Isle of Wight (Sinepuxent) The draw of the S14 bridge, mile 5.8
Bay. at Brookview, need not be opened for
The draw of the US 50 Bridge, mile the passage of vessels. The operating
0.5, at Ocean City, shall open on signal, machinery shall be maintained in a
except: serviceable condition.
587
117.565 33 CFR Ch. I (7112 Edition)
117.565 Miles River. tion Building at the east end of the

bridge before 6 p.m.
The draw of the Route S370 bridge,
mile 10.0 at Easton, Maryland, shall [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
open on signal; except that from No- 37382, Sept. 24, 1984]
vember 1 through March 31, 24 hours a
day, and from April 1 through October 117.569 Pocomoke River.
31, from 6 p.m. to 6 a.m., a six-hour ad- (a) The Conrail railroad bridge, mile
vance notice to the drawtender is re- 15.2, at Pocomoke City, shall open on
quired for bridge openings. signal, except between November 1 and
March 31 the draw must open only if at
[CGD0599003, 64 FR 61209, Nov. 10, 1999]
least five hours advance notice is
given.
117.566 Patapsco RiverMiddle
Branch. (b) The draw of the Route 675 bridge,
mile 15.6, at Pocomoke City, shall open
(a) The draw of the Hanover Street on signal, except between November 1
S2 bridge, mile 12.0 across the Middle and March 31 the draw must open only
Branch of the Patapsco River at Balti- if at least five hours advance notice is
more, will open on signal from 5 a.m. given.
to 6:30 a.m., 9:30 a.m. to 4 p.m., and 6 (c) The draw of the S12 bridge, mile
p.m. to 9:00 p.m. The draw need not be 29.9, at Snow Hill, shall open on signal
opened from 6:30 a.m. to 9:30 a.m. and 4 if at least five hours advance notice is
p.m. to 6 p.m.; however, fire boats, po- given.
lice boats, and other vessels engaged in
emergency operations will be passed [CGD587063, 53 FR 16548, May 10, 1988]
immediately during this period. When
a vessel desires to pass the draw from 117.570 Sassafras River.
9 p.m. to 5 a.m., notice will be given to The draw of the Sassafras River
the superintendent of the bridge, either (Route 213) bridge, mile 10.0 at George-
at the bridge before 9 p.m. or at the su- town, Maryland, shall open on signal;
perintendents residence after 9 p.m. If except that from November 1 through
the notice is given from 5 a.m. to 9 p.m. March 31, from midnight to 8 a.m., the
or if at least one half hour has elapsed draw need only open if at least a six-
since the notice was given, the draw hour advance notice is given.
will open promptly at the time re- [CGD0599006, 64 FR 61207, Nov. 10, 1999]
quested.
(b) The draw of the Western Mary- 117.571 Spa Creek.
land railroad bridge, mile 12.5 across
The S181 bridge, mile 0.4, at Annap-
the Middle Branch of the Patapsco
olis, Maryland:
River at Baltimore, shall open on sig-
(a) From May 1 to October 31, Mon-
nal from 7 a.m. to 12 noon and 1 p.m. to
day through Friday, except Federal
4 p.m. Monday through Friday except
and State holidays:
legal holidays. At all other times, the
(1) The draw shall remain closed from
draw shall open if at least six hours no-
7:30 a.m. to 9:00 a.m. and from 4:30 p.m.
tice is given. Marine firefighting equip-
to 7:30 p.m., except the draw shall open
ment and pollution control vessels
at 6:00 p.m. and 7:00 p.m. for any vessels
shall be passed as soon as possible but
waiting to pass.
in no event more than 15 minutes after
(2) The draw shall open on the hour
notice is given.
and the half-hour, from 9:00 a.m. to 4:30
[CGD 82025, 49 FR 17452, Apr. 24, 1984. Redes- p.m.
ignated and amended by USCG20120306, 77 (3) The draw shall open on the hour
FR 37314, June 21, 2012] and half hour, from 7:30 p.m. to 7:30
a.m.
117.567 Patuxent River. (b) From November 1 to April 30,
The draw of S231 bridge, mile 18.5 at Monday through Friday, except Fed-
Benedict, shall open on signal; except eral and State holidays:
that, from 6 p.m. to 6 a.m., the draw (1) The draw shall remain closed from
shall open on signal if notice is given 7:30 a.m. to 9:00 a.m. and from 4:30 p.m.
to the Toll Captain at the Administra- to 6:00 p.m.
588
(2) The draw shall open on signal 117.579 Wicomico River (North
from 9:00 a.m. to 4:30 p.m. and from 6:00 Prong).
p.m. to 7:30 a.m. The draws of the Main Street and
(c) On Saturdays, Sundays, and holi- U.S. 50 bridges, mile 22.4, Salisbury,
days year-round, the draw shall open Maryland shall open on signal if at
on the hour and half-hour for vessels least four hours notice is given by call-
waiting to pass. Except on July 4th of ing the telephone contact number at
every year from 8:30 p.m. to 11 p.m., (410) 4307461.
the draw need not open for vessels, and
[CGD0507025, 72 FR 42307, Aug. 2, 2007]
in the event of inclement weather, the
alternate date is July 5th. MASSACHUSETTS
(d) The drawspan must always open
on signal for public vessels of the 117.585 Acushnet River.
United States.
(a) The drawspan will be opened
[CGD590002, 55 FR 4604, Feb. 9, 1990, as promptly, provided proper signal is
amended by CGD059408, 59 FR 44316, Aug. given, on the following schedule:
29, 1994; CGD0504052, 69 FR 63066, Oct. 29, (1) On the hour between 6:00 a.m. and
2004; USCG200110881, 71 FR 70311, Dec. 4, 10:00 a.m. inclusive;
2006; USCG20120306, 77 FR 37314, June 21,
(2) At a quarter past the hour be-
2012]
tween 11:15 a.m. and 6:15 p.m. inclusive.
117.573 Stoney Creek. (3) At all other times on call.
(b) The draw will be opened at any
The draw of the Stoney Creek (S173) time for vessels whose draft exceeds 15
bridge, mile 0.9, in Riviera shall open feet, for vessels owned or operated by
on signal, except: the U.S. Government, the State of Mas-
(a) From 6:30 a.m. to 9 a.m. and from sachusetts, or by local authorities.
3:30 p.m. to 6:30 p.m., Monday through (c) Each opening of the draw, from
Friday except Federal and State holi- the time vehicular traffic flow is
days, the draw need be opened only at stopped until the flow resumes, shall
7:30 a.m. and 5 p.m. if any vessels are not exceed 15 minutes except for ves-
waiting to pass. sels whose draft exceeds 15 feet or in
(b) From 11 a.m. to 7 p.m. on Satur- extraordinary circumstances.
day and from 12 p.m. to 5 p.m. on Sun- (d) From 6 p.m. on December 24 to
day, the draw need be opened only on midnight on December 25 and from 6
the hour and half hour. p.m. on December 31 to midnight on
(c) Public vessels of the United January 1, the draw shall open on sig-
States must be passed as soon as pos- nal if at least a two-hour notice is
sible. given by calling the number posted at
the bridge.
[CGD592012, 57 FR 14643, Apr. 22, 1992, as
amended by USCG200110881, 71 FR 70311, [CGD 18410R, 49 FR 36841, Sept. 20, 1984, as
Dec. 4, 2006] amended by CGD0100135, 65 FR 38207, June
20, 2000]
117.575 Susquehanna River.
117.586 Annisquam River and
The draw of the Conrail bridge, mile Blynman Canal.
1.0 at Havre de Grace, shall open on
signal if at least 24 hours notice is The draw of the Blynman (SR127)
given. Bridge shall open on signal, except
that, from noon to 6 p.m. on Thanks-
117.577 Weems Creek. giving Day, 6 p.m. on December 24 to
midnight on December 25, and from 6
The draw of the S437 bridge, mile 0.7 p.m. on December 31 to midnight on
at West Annapolis, shall open on signal January 1, the draw shall open on sig-
from sunrise to sunset from May 1 nal if at least a two-hour advance no-
through September 30. At all other tice is given by calling the number
times, the draw shall open on signal if posted at the bridge.
at least five hours notice is given.
[CGD0104096, 69 FR 67058, Nov. 16, 2004]
589
117.587 33 CFR Ch. I (7112 Edition)
117.587 Apponagansett River. trains or for maintenance. No signal is

(a) The draw of the Padanaram required if the draw is in the fully open
Bridge, mile 1.0, shall open on signal position.
from 1 May through 31 October, be- (b) If the draw is not in the fully open
tween 6 a.m. and 9 p.m., daily, as fol- position, the opening signal is one pro-
lows: longed and one short blast.
(1) The bridge shall open on signal, (c) Signals to be sounded from the
twice an hour, on the hour and half bridge are
hour between 6 a.m. and 9 a.m. and be- (1) Immediately preceding the open-
tween 8 p.m. and 9 p.m. ing of the draw, one prolonged blast;
(2) The bridge shall open on signal, (2) Immediately preceding the closing
once an hour, on the hour between 9 of the draw, two prolonged blasts;
a.m. and 8 p.m. (3) When a vessel has sounded the
(b) At all other times the bridge shall opening signal and the draw cannot be
open if at least four (4) hours advance opened immediately, five short blasts
notice is given. in a rapid succession; and
(c) The owners of this bridge shall (4) When the draw is closed and visi-
provide and maintain mooring facili- bility is reduced in foggy weather, five
ties for vessels to make fast while short blasts in rapid succession every
waiting for the bridge to open. two minutes.
(d) The owners of this bridge shall
provide and keep in good legible condi- 117.591 Charles River and its tribu-
tion, clearance gauges for each draw taries.
with figures not less than twelve (12) (a) The following requirements apply
inches high designed, installed and to all bridges across the Charles River
maintained according to the provisions and its tributaries:
of section 118.160 of this chapter. (1) Public vessels of the United
[CGD0195008, 60 FR 29761, June 6, 1995 as States, state or local vessels used for
amended at USCG20110335, 76 FR 64010, Oct. public safety, and vessels in distress
17, 2011] shall be passed through the draw of
each bridge as soon as possible without
117.588 Bass River. delay at any time. The opening signal
The Hall Whitaker Bridge, mile 0.6 at from these vessels is four or more short
Beverly, shall operate as follows: blasts of a whistle or horn, or a radio
(a) Public vessels of the United request.
States must be passed as soon as pos- (2) The owners of these bridges shall
sible. provide and keep in good legible condi-
(b) The owners of this bridge shall tion clearance gauges for each draw
provide and keep in good legible condi- with figures not less than 12 inches
tion clearance gauges for each draw high designed, installed and main-
with figures not less than 12 inches tained according to the provisions of
high designed, installed and main- 118.160 of this chapter.
tained according to the provisions of (3) Trains and locomotives shall be
118.160 of this chapter. controlled so that any delay in opening
(c) That the drawspan for the Hall the draw span shall not exceed ten
Whitaker Drawbridge must open on minutes. However, if a train moving to-
signal if at least 24 hours notice is ward the bridge has crossed the home
given. signal for the bridge before the signal
[CGD191015, 56 FR 41460, Aug. 21, 1991, as requesting opening of the bridge is
amended by USCG200110881, 71 FR 70311, given, that train may continue across
Dec. 4, 2006] the bridge and must clear the bridge
interlocks before stopping.
117.589 Cape Cod Canal. (4) Except as provided in paragraph
The draw of the Conrail railroad (b) through (f) of this section, the
bridge, mile 0.7 at Bourne, shall oper- draws shall open on signal.
ate as follows: (b) The draw of the Charlestown
(a) The draw is normally in the fully Bridge, mile 0.4 at Boston, need not be
open position except for the passage of opened for the passage of vessels.
590
(c) The draw of the Massachusetts 117.595 Danvers River.

Bay Transportation Authority (MBTA/ (a) The requirements in this para-
Amtrak Bridge, mile 0.8, at Boston, graph apply to all bridges across the
shall open on signal; except that from Danvers River:
6:15 a.m. to 9:10 a.m. and 4:15 p.m. to (1) The owners of these bridges shall
6:30 p.m., Monday through Friday, ex- provide and keep in good legible condi-
cept holidays, the draw need not be tion clearance gauges for each draw
opened for the passage of vessels, ex- with figures not less than 12 inches
cept as stated in paragraph (a)(1) of high, designed, installed, and main-
this section. tained according to the provisions of
(d) The draw of the Massachusetts 118.160 of this chapter.
Bay Transportation Authority (East (2) Trains and locomotives shall be
Cambridge Viaduct) railroad Bridge, controlled so that any delay in opening
mile 1.0 at Boston, need not be opened the draw span shall not exceed ten
for the passage of vessels. However, the minutes. However, if a train moving to-
operating machinery of the draw shall ward the bridge has crossed the home
be maintained in an operable condi- signal for the bridge before the signal
tion. requesting opening of the bridge is
(e) The draw of the Metropolitan Dis- given, that train may continue across
trict Commission (Craigie) Bridge, mile the bridge and must clear the bridge
1.0 at Boston, shall operate as follows: interlocks before stopping.
(1) Open on signal; except that from (b) The draw of the Massachusetts
6:15 a.m. to 9:10 a.m. and 3:15 p.m. to Bay Transportation Authority (MBTA)/
6:30 p.m., Monday through Friday, ex- AMTRAK Bridge, at mile 0.05, between
cept holidays, the draw need not open Salem and Beverly, shall open on sig-
for the passage of vessels, except as nal; except that, from midnight to 5
stated in paragraph (a)(1) of this sec- a.m., daily, and on December 25 and
tion. January 1, the draw shall open as soon
(2) From December 1 to March 31, the as possible, but not more than one hour
draw shall open on signal after a 24 after notice is given to the drawtenders
hour advance notice is given. either at the bridge during the time
the drawtenders are on duty or by call-
(3) From midnight to 8 a.m., April,
ing the number posted at the bridge.
May, October, and November, the draw
(c) The Kernwood Bridge, at mile 1.0,
shall open on signal after at least an
shall operate as follows:
eight-hour advance notice is given.
(1) From May 1 through September
(f) The draws of the bridges across 30, midnight to 5 a.m., and from Octo-
Broad Canal, mile 0.0, need not open for ber 1 through April 30, 7 p.m. to 5 a.m.,
the passage of vessels. However, the draw shall open on signal after at least
draws shall be returned to operable a one-hour advance notice is given by
condition within one year after notifi- calling the number posted at the
cation by the District Commander to bridge.
do so. (2) From noon to 6 p.m. on Thanks-
[CGD1 91141, 57 FR 30405, July 9, 1992, as giving Day and all day on Christmas
amended by CGD0102026, 68 FR 59116, Oct. and New Years Day, the draw shall
14, 2003] open on signal after at least a one-hour
advance notice is given by calling the
117.593 Chelsea River. number posted at the bridge.
All drawbridges across the Chelsea [CGD0199148, 64 FR 46275, Aug. 25, 1999, as
River shall open on signal. The opening amended by CGD0104096, 69 FR 67058, Nov.
signal for each drawbridge is two pro- 16, 2004]
longed blasts followed by two short
blasts and one prolonged blast. The ac- 117.597 Dorchester Bay.
knowledging signal is three prolonged The draw of the of the William T.
blasts when the draw can be opened im- Morrisey Boulevard Bridge, mile 0.0, at
mediately and is two prolonged blasts Boston, shall operate as follows:
when the draw cannot be opened or is (a) From 7:30 a.m. to 9 a.m. and 4:30
open and must be closed. p.m. to 6 p.m., Monday through Friday,
591
117.598 33 CFR Ch. I (7112 Edition)
except holidays, the draw need not (3) The draw shall open on signal if at
open for the passage of vessel traffic. least 8 hours advance notice is given:
(b) The draw shall open on signal (i) At all times on Christmas, New
from April 16 through May 31, from 8 Years, Easter and all Sundays in Janu-
a.m. through midnight, except as pro- ary and February.
vided in paragraph (a) of this section. (ii) At all other times not stipulated
From midnight through 8 a.m. at least in paragraphs (c)(1) and (c)(2) of this
an eight-hour advance notice is re- section.
quired for bridge openings.
(c) The draw shall open on signal at [CGD1 90024, 55 FR 20263, May 16, 1990]
all times from June 1 through Sep-
117.599 Fort Point Channel.
tember 30, except as provided in para-
graph (a) of this section. The draw of the Northern Avenue
(d) The draw shall open on signal Bridge, mile 0.1, at Boston, shall oper-
from October 1 through October 14, 8 ate as follows:
a.m. through midnight, except as pro- (a) From May 1 through October 31,
vided in paragraph (a) of this section. the draw shall open on signal from 7
From midnight through 8 a.m. at least a.m. to 11 p.m. From 11 p.m. to 7 a.m.
an eight-hour advance notice is re- the draw shall open on signal if at least
quired for bridge openings. a two-hour advance notice is given by
(e) The draw shall open on signal calling the number posted at the
from October 15 through April 15, after bridge.
at least a 24 hours notice is given, ex- (b) From November 1 through April
cept as provided in paragraph (a) of 30, the draw shall open on signal from
this section. 7 a.m. to 3 p.m. From 3 p.m. to 7 a.m.
[CGD0102026, 68 FR 59116, Oct. 14, 2003] the draw shall open on signal if at least
a twenty-four hours advance notice is
117.598 Eel Pond Channel. given by calling the number posted at
The following requirements apply to the bridge.
the draw of Eel Pond (Water Street) [CGD0100234, 66 FR 10817, Feb. 20, 2001]
drawbridge at mile 0.0 at Falmouth,
Massachusetts. 117.600 Lagoon Pond.
(a) The draw shall open at all times The draw of the Lagoon Pond Bridge,
as soon as possible for a public vessels mile 0.0 in Tisbury, Massachusetts,
of the United States, State or local shall operate as follows:
vessels used for public safety, and ves- (a) The draw shall open on signal
sels in distress. The opening signal for from May 15 through September 15,
these vessels shall be four or more from 8:15 a.m. to 8:45 a.m., from 10:15
short blast of a whistle, horn, or radio a.m. to 11 a.m., from 3:15 p.m. to 4 p.m.,
request. from 5 p.m. to 5:45 p.m., and from 7:30
(b) The owners of this bridge shall p.m. to 8 p.m. At all other times the
provide and keep in good legible condi- draw will open for the passage of ves-
tion clearance gauges for each draw sels if at least four (4) hours advance
with figures not less than 12 inches notice is given by calling the number
high designed, installed and main- posted at the bridge.
tained according to the provisions of (b) The draw shall open on signal
section 118.160 of this chapter. from September 16 through May 14 if at
(c) The draw shall operate as follows: least a twenty-four (24) hours advance
(1) On signal from October 15 through
notice is given by calling the number
May 14, from 8 a.m. to 5 p.m. except as
posted at the bridge.
provided in paragraph (c)(3)(i) of this
(c) The owners of this bridge shall
section.
provide and keep in good legible condi-
(2) Need open on signal only on the
tion, clearance gauges for each draw
hour and half hour as follows:
with figures not less than twelve (12)
(i) From May 15 through June 14 and
inches high designed, installed and
from September 16 through October 14,
maintained according to the provisions
from 7 a.m. to 7 p.m.
of section 118.160 of this chapter.
(ii) From June 15 through September
15, from 6 a.m. to 9 p.m. [CGD0195001, 60 FR 51729, Oct. 3, 1995]
592
117.601 Malden River. passed through the drawspans as soon

The draw of the S16 bridge, mile 0.3 as possible.
between Medford and Everett, need not [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
be opened for the passage of vessels. amended by CGD0194094, 60 FR 58518, Nov.
28, 1995; CGD0199029, 65 FR 24640, Apr. 27,
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR 2000; USCG200110881, 71 FR 70311, Dec. 4,
37382, Sept. 24, 1984] 2006]
117.603 Manchester Harbor. 117.607 Mitchell River.
The Massachusetts Bay Transpor- The Chatham Highway Bridge, at
tation Authority Bridge at mile 1.0 in mile 0.2, at Chatham, Massachusetts,
Manchester, shall operate as follows: shall operate as follows:
(a) The draw shall open on signal (a) From May 1 through October 31,
(1) From Memorial Day through Sep- the draw shall open on signal from 8
tember 30 from 7 a.m. to 11 p.m.; a.m. to 5 p.m., if at least one-hour no-
(2) From April 1 to Memorial Day and tice is given and from 5 p.m. to 8 a.m.
from October 1 to November 1 from 9 the draw shall open on signal if at least
a.m. to 1 p.m. and 2 p.m. to 6 p.m. 12-hours notice is given by calling the
(b) At all other times, the draw shall Chatham Harbormasters Department.
open on signal with at least four hours (b) From November 1 through April
notice. 30, the draw shall open on signal if at
(c) The owner of this bridge shall pro- least a 24-hours advance notice is given
vide and keep in good legible condition, by calling the Chatham Harbormasters
clearance gauges for each draw with Department.
figures not less than twelve (12) inches
high designed, installed and main- [CGD0105006, 70 FR 32235, June 2, 2005]
tained in accordance with the provi-
sions of section 118.160 of this chapter. 117.609 Mystic River.
(a) The draw of the S99 Alford Street
[CGD0197022, 62 FR 50509, Sept. 26, 1997]
Bridge, mile 1.4, shall open on signal;
117.605 Merrimack River. except that, Monday through Satur-
day, excluding holidays, the draw need
(a) The draw of the Newburyport US1 not open for the passage of vessel traf-
Bridge, mile 3.4, shall operate as fol- fic from 7:45 a.m. to 9 a.m., 9:10 a.m. to
lows: 10 a.m., and 5 p.m. to 6 p.m., daily.
(1) From May 1 through November 15,
From November 1 through March 31,
from 6 a.m. to 10 p.m., the draw shall
between 3 p.m. and 7 a.m., at least an
open on signal; except that, from Me-
eight-hour advance notice is required
morial Day through Labor Day, from 6
for bridge openings by calling the num-
a.m. to 10 p.m., the draw shall open on
ber posted at the bridge.
signal only on the hour and half hour. (b) The draw of the Wellington
(2) At all other times the draw shall
Bridge, mile 2.5, need not open for the
open on signal after at least a one-hour
passage of vessel traffic.
advance notice is given by calling the
number posted at the bridge. [CGD0102020, 67 FR 63261, Oct. 11, 2002]
(b) The draw of the Boston and Maine
railroad bridge, mile 3.4 at Newbury- 117.611 Neponset River.
port, is normally maintained in the The Granite Avenue Bridge, mile 2.5,
fully open position. When the draw is between Boston and Milton, Massachu-
in the closed position, a drawtender setts, shall operate as follows:
shall be on duty and the draw shall (a) The draw of the Granite Avenue
open on signal. Bridge shall open on signal from May 1
(c) The drawspans for the Massachu- through October 31; 6 a.m. to 12 mid-
setts Department of Public Works night. At all other times the draw shall
drawbridges, mile 5.8 at Newburyport open on signal if at least one hour ad-
and mile 12.6 at Rock Village, and vance notice is given by calling the
Groveland Drawbridge, mile 16.5 at number posted at the bridge.
Groveland, must open on signal if at (b) The owners of this bridge shall
least two hours notice is given. Public provide and keep in good legible condi-
vessels of the United States must be tion, clearance gauges for each draw
593
117.613 33 CFR Ch. I (7112 Edition)
with figures not less than twelve (12) minutes. However, if a train moving to-
inches high designed, installed and ward the bridge has crossed the home
maintained according to the provisions signal for the bridge before the signal
of 118.160 of this chapter. requesting opening of the bridge is
[CGD0194087, 60 FR 54432, Oct. 24, 1995] given, the train may continue across
the bridge and must clear the bridge
117.613 North River. interlocks before stopping.
The draw of the Plymouth County (b) The draw of the General Edwards
(Bridge Street) Bridge, mile 4.0, at SR1A Bridge, mile 1.7, between Revere
Norwell, shall open on signal from May and Lynn, shall open on signal; except
1 through October 31 if at least four that, from April 1 through November
hours notice is given. From November 30, from midnight through 8 a.m. at
1 through April 30, the draw shall open least an eight-hour advance notice is
on signal if at least 24 hours notice is required for bridge openings, and at all
given. times from December 1 through March
[CGD0197126, 63 FR 18323, Apr. 15, 1998] 31, at least an eight-hour advance no-
tice is required for bridge openings.
117.615 Plum Island River. (c) The Fox Hill (SR107) Bridge, at
The draw of the Plum Island Turn- mile 2.5, shall operate as follows:
pike Bridge, mile 3.3 between Newbury- (1) The draw shall open on signal, ex-
port and Plum Island, shall operate as cept that, from October 1 through May
follows: 31, from 7 p.m. to 5 a.m., the draw shall
(a) From April 1 through November open after at least a one-hour advance
30, 5 a.m. to 9 p.m., the draw shall open notice is given by calling the number
on signal if at least one hour advance posted at the bridge.
notice is given by calling the number
(2) From noon to 6 p.m. on Thanks-
posted at the bridge. At all other times
the draw shall open on signal if at least giving Day, and all day on Christmas,
three hours advance notice is given. and New Years Day, the draw shall
(b) The owners of this bridge shall open on signal after at least a one-hour
provide and keep in good legible condi- advance notice is given by calling the
tion, clearance gauges for each draw number posted at the bridge.
with figures not less than twelve (12) [CGD1 91004, 56 FR 60064, Nov. 27, 1991, as
inches high, designed, installed and amended by CGD0194150, 60 FR 51730, Oct. 3,
maintained according to the provisions 1995; GD0102026, 68 FR 59116, Oct. 14, 2003;
of 118.160 of this chapter. CGD0104096, 69 FR 67058, Nov. 16, 2004]
[CGD0194057, 60 FR 54431, Oct. 24, 1995]
117.619 Taunton River.
117.618 Saugus River. (a) The Brightman Street (Route-6)
(a) The following requirements apply Bridge at mile 1.8, between Fall River
to all bridges across the Saugus River: and Somerset, shall operate as follows:
(1) Public vessels of the United (b) The draw shall open on signal be-
States, state or local vessels used for tween 5 a.m. and 9 p.m., daily. From 9
public safety, and vessels in distress p.m. through 5 a.m. the draw shall open
shall be passed through the draw of on signal after at least a one-hour ad-
each bridge as soon as possible at any vance notice is given by calling the
time. The opening signal from these
number posted at the bridge.
vessels is four or more short blasts of a
whistle or horn or a radio request. (c) From June 1 through August 31,
(2) The owners of these bridges shall the draw need not open for the passage
provide and keep in good legible condi- of pleasure craft from 7 a.m. to 9:30
tion clearance gauges with figures not a.m. and from 4 p.m. to 6:30 p.m., Mon-
less than 12 inches high designed, in- day through Friday, except holidays.
stalled and maintained according to The draw shall open for commercial
provisions of 118.160 of this chapter. vessels at all times.
(3) Trains and locomotives shall be (d) From 6 p.m. on December 24 to
controlled so that any delay in opening midnight on December 25, and from 6
the draw span shall not exceed seven p.m. on December 31 to midnight on
594
January 1, the draw shall open on sig- notice is given by calling the number
nal if at least a two-hour advance no- posted at the bridge.
tice is given by calling the number [CGD0194159, 60 FR 2688, Jan. 11, 1995, as
posted at the bridge. amended by CGD0100135, 65 FR 38207, June
(e) The owner of the bridge shall pro- 20, 2000; CGD0104096, 69 FR 67058, Nov. 16,
vide and keep in good legible condition 2004]
clearance gauges located on both up-
117.622 West Bay
stream and downstream sides of the
draw with figures not less than twelve The draw of the West Bay Bridge,
inches in height, designed, installed mile 1.2, at Osterville, shall operate as
and maintained according to the provi- follows:
(1) From November 1 through April
sions of 118.160 of this chapter.
30, the draw shall open on signal if at
[USCG20100234, 75 FR 51940, Aug. 24, 2010] least a twenty-four hours advance no-
tice is given.
117.620 Westport RiverEast (2) From May 1 through June 15, the
Branch. draw shall open on signal from 8 a.m.
The Westport Point Bridge, mile 1.2 to 6 p.m.
at Westport, shall operate as follows: (3) From June 16 through September
30, the draw shall open on signal from
(a) Public vessels of the United
7 a.m. to 9 p.m.
States must be passed as soon as pos-
(4) From October 1 through October
sible. 31, the draw shall open on signal from
(b) The owners of this bridge shall 8 a.m. to 6 p.m.
provide and keep in good legible condi- (5) At all other times from May 1
tion clearance gauges for each draw through October 31, the draw shall
with figures not less than 12 inches open on signal if at least a four-hours
high designed, installed, and main- advance notice is given by calling the
tained, according to the provisions of number posted at the bridge.
118.160 of this chapter. [CGD0101038, 66 FR 46525, Sept. 6, 2001]
(c) That the drawspan for the West-
port Point Drawbridge, mile 1.2 at MICHIGAN
Westport, must open on signal if at
least 24 hours notice is given. 117.624 Black River (South Haven).
The draw of the Dyckman Avenue
[CGD191014, 56 FR 41462, Aug. 21, 1991, as
bridge, mile 1.9 at South Haven, shall
Dec. 4, 2006]
open as follows:
(a) From May 1 through October 14
117.621 Fore River. (1) From 7 a.m. to 11 p.m., seven days
a week the draw need open only on the
The draw of the Quincy Weymouth hour and half-hour; however, Mondays
SR3A bridge, mile 3.5 between Quincy through Fridays the draw need not
Point and North Weymouth, Massachu- open at 12 noon and 1 p.m. Commercial
setts, shall open on signal, except that: vessels shall be passed through the
(a) From 6:30 a.m. to 9 a.m. and from draw of this bridge as soon as possible
4:30 p.m. to 6:30 p.m., Monday through even though this regulated period is in
Friday, except holidays observed in the effect.
locality, the draw need not be opened. (2) From 11 p.m. to 7 a.m., no
(b) The draw shall open on signal at bridgetender is required to be in con-
all times for self-propelled vessels tinuous attendance at the bridge and
greater than 10,000 gross tons. the draw shall open on signal for com-
(c) From noon to 6 p.m. on Thanks- mercial vessels and pleasure craft if at
giving Day, from 6 p.m. on December 24 least a three hour advance notice is
given.
to midnight on December 25, and from
(b) From October 15 through April 30,
6 p.m. on December 31 to midnight on
the draw shall open on signal for the
January 1, the draw shall open on sig- passage of commercial vessels and
nal after at least a two-hour advance pleasure craft if at least a twelve hour
advance notice is given.
595
117.625 33 CFR Ch. I (7112 Edition)
(c) At all times, the draw shall open (2) Between the hours of 6 a.m. and 6
as soon as possible for public vessels of p.m., seven days a week, the draw need
the United States, state or local gov- open only from three minutes before to
ernment vessels used for public safety three minutes after the quarter-hour
and vessels in distress. and three-quarter hour.
(c) From December 15 through March
[CGD 09 8521, 51 FR 13219, Apr. 18, 1986]
31, no bridgetender is required to be at
117.625 Black River. the bridge and the draw need not open
unless a request to open the draw is
(a) For all drawbridges across the given at least 12-hours in advance of a
Black River, notice requesting the vessels intended time of passage
opening of a draw may be given to the through the draw.
dispatcher of the Port Huron Police (d) At all times, the draw shall open
Department. Public vessels of the as soon as possible for the passage of
United States, state or local vessels public vessels of the United States,
used for public safety, and vessels in State or local vessels used for public
distress shall be passed through each safety, commercial vessels, and vessels
drawbridge on the river as soon as pos- in distress.
sible.
(b) The draws of the Military Street [CGD099103, 56 FR 37474, Aug. 7, 1991, as
amended by CGD0901008, 66 FR 32749, June
bridge, mile 0.3, and Seventh Street
18, 2001]
bridge, mile 0.5, both at Port Huron,
shall open on signal; except that, from 117.631 Detroit River (Trenton Chan-
May 1 through October 31 from 9 a.m. nel).
to 5:30 p.m. Monday through Saturday (a) The draw of the Grosse Ile Toll
except Federal holidays, the draw need bridge (Bridge Road), mile 8.8, at
be opened only on the hour and half Grosse Ile, shall operate as follows:
hour and, from November 1 through (1) Between the hours of 7 a.m. and 11
November 30 and April 1 through April p.m., seven days a week and holidays,
30 from 4 p.m. to 8 a.m., the draw shall the draw need open only from three
open if at least three hours notice is minutes before to three minutes after
given. From December 1 through the hour and half-hour for pleasure
March 31, the draw shall open if at craft; for commercial vessels, during
least 24 hours notice is given. this period of time, the draw shall open
(c) The draw of the Tenth Street on signal as soon as possible.
bridge, mile 0.9 at Port Huron, shall (2) Between the hours of 11 p.m. and
open on signal 7 a.m., the draw shall open on signal
(1) From May 1 through October 31 for pleasure craft and commercial ves-
from 8 a.m. to 11 p.m. and from 11 p.m. sels.
to 8 a.m., if at least one hours notice is (b) The draw of the Wayne County
given; highway bridge (Grosse Ile Parkway),
(2) From April 1 through April 30 and mile 5.6, at Grosse Ile, shall operate as
November 1 through November 30, if at follows:
least three hours notice is given; and (1) From March 16 through December
(3) From December 1 through March 14
31, if at least 24 hours notice is given. (i) Between the hours of 7 a.m. and 11
p.m., seven days a week and holidays,
117.627 Cheboygan River. the draw need open only from three
The draw of the US 23 highway minutes before to three minutes after
bridge, mile 0.9 at Cheboygan shall op- the quarter and three-quarter hour for
erate as follows: pleasure craft, with no opening re-
(a) From April 1 through May 15 and quired at 7:45 a.m., 8:45 a.m., 4:15 p.m.
from September 16 through December and 5:15 p.m., Monday through Friday,
14, the draw shall open on signal. except holidays; for commercial ves-
(b) From May 16 through September sels, during these periods of time, the
15 draw shall open on signal as soon as
(1) Between the hours of 6 p.m. and 6 possible.
a.m., seven days a week, the draw shall (ii) Between the hours of 11 p.m. and
open on signal. 7 a.m., the draw shall open on signal
596
for pleasure craft and commercial ves- shall open on signal if at least 24 hours
sels. notice is given.
(2) From December 15 through March
[CGD 82025, 49 FR 17452, Apr. 24, 1984]
15, no bridgetenders are required to be
on duty at the bridge and the bridge 117.637 Manistee River.
shall open on signal if at least a
twelve-hour advance notice is given. (a) The draws of the Maple Street
(c) At all times, the bridges listed in bridge, mile 1.1, and US31 highway
this section shall open as soon as pos- bridge, mile 1.4, both at Manistee, shall
sible for public vessels of the United operate as follows:
States, State or local government ves- (1) From May 1 through October 31,
sels used for public safety and vessels between 7 a.m. to 11 p.m., the bridges
in distress. shall open on signal. From 11 p.m. to 7
a.m., the bridges need not open unless
[CGD09 8707, 52 FR 39520, Oct. 22, 1987, as notice is given at least two hours in ad-
vance of a vessels time of intended
June 23, 2005]
passage through the draws.
117.633 Grand River. (2) From November 1 through April
30, the bridges need not open unless no-
tice is given at least 24 hours in ad-
States, state or local vessels used for
vance of a vessels time of intended
public safety, commercial vessels, and
passage through the draws.
vessels in distress shall be passed
(b) The CSX Transportation railroad
through the draw of each bridge as
bridge, mile 1.5, at Manistee, shall open
soon as possible.
on signal from May 1 to October 31.
(b) The draw of the CSX Transpor-
From November 1 to April 30, the
tation Corp. railroad bridge, mile 2.8 at
Grand Haven, shall open on signal; ex- bridge need not open unless notice is
cept that, from December 15 through given at least 24 hours in advance of a
March 15, the draw shall open on signal vessels time of intended passage
if at least 12 hours notice is given. through the draw.
(c) The draw of the U.S. Route 31 [CGD 0993006, 58 FR 52442, Oct. 8, 1993, as
bridge, mile 2.9 at Grand Haven, shall amended by CGD0997014, 62 FR 43931, Aug.
open on signal for pleasure craft- 18, 1997]
(1) From March 16 through December
14, from 6:30 a.m. to 8:30 p.m., seven 117.639 Ontonagon River.
days a week, once an hour, on the half- The draw of the S64 bridge, mile 0.2
hour; except the draw need not open for at Ontonagon, shall open on signal
pleasure craft at 7:30 a.m., 12:30 p.m., from April 1 through November 15 from
and 5:30 p.m. on Monday, Tuesday, 7 a.m. to 11 p.m. and from 11 p.m. to 7
Thursday, and Friday, and at 7:30 a.m., a.m., if at least one hour notice is
12:30 p.m., and 4:30 p.m. on Wednesday. given. From November 16 through
(2) From December 15 through March March 31, the draw shall open on signal
15, if at least 12 hours notice is given. if at least 24 hours notice is given.
(d) The draw of the Grand Trunk
Western railroad bridge, mile 0.2 across 117.641 Pine River (Charlevoix).
the mouth of Spring Lake, shall open (a) The draw of the U.S. 31 bridge,
on signal; except that, from December mile 0.3 at Charlevoix, shall be oper-
15 through March 15, the draw shall ated as follows:
open on signal if at least 24 hours no- (1) From April 1 through December
tice is given. 31, the draw shall open on signal; ex-
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as cept from 6 a.m. to 10 p.m., April 1 to
amended by CGD0997008, 62 FR 43098, Aug. October 31, the draw need open only
12, 1997] from three minutes before to three
minutes after the hour and half-hour
117.635 Keweenaw Waterway. for recreational vessels. Public vessels
The draw of the US41 bridge, mile of the United States, state or local ves-
16.0 between Houghton and Hancock, sels used for public safety, commercial
shall open on signal; except that, from vessels, vessels in distress, and vessels
January 1 through March 15, the draws seeking shelter from severe weather
597
117.643 33 CFR Ch. I (7112 Edition)
shall be passed through the draw as reational vessels only from three min-
soon as possible. utes before to three minutes after the
(2) From January 1, through March quarter-hour and three-quarter hour.
31, the draw shall open on signal if at (2) From January 1 through March 31,
least 12 hours advance notice is pro- the draws of these bridges shall open
vided prior to a vessels intended time on signal if at least 12 hours advance
of passage. notice is provided.
(b) The owner of the bridge shall pro-
vide and keep in good legible condition [USCG20111013, 77 FR 21866, Apr. 12, 2012]
two board gauges painted white with
black figures not less than six inches 117.651 St. Joseph River.
high to indicate the vertical clearance The draws of the US33 (Blossomland)
under the closed draw at all water lev- bridge, mile 0.9, and the BL94 (Bicen-
els. The gages shall be placed on the tennial) bridge, mile 1.3, both at St. Jo-
bridge so that they are plainly visible seph, shall be operated as follows:
to operators of vessels approaching the
(a) From March 1 through May 14,
bridge either up or downstream.
from October 1 through December 15,
[CGD0900001, 65 FR 15240, Mar. 22, 2000] and from 8 p.m. to 7 a.m. from May 15
through September 30, the draws shall
117.643 Pine River (St. Clair). open on signal.
The draw of the S29 bridge, mile 0.1 (b) From 7 a.m. to 8 p.m. from May 15
at St. Clair, shall open on signal from through September 30, the draw of the
April 1 through November 30 from 2 Blossomland bridge need be opened
a.m. to 8 a.m. and from 8 a.m. to 2 a.m. only from three minutes before to
on the hour and one-half hour. From three minutes after the hour and half
December 1 through March 31, the draw hour, and the draw of the Bicentennial
bridge need be opened only from three
notice is given. Public vessels of the
minutes before to three minutes after
United States, state or local vessels
used for public safety, and vessels in the quarter and three-quarter hour.
distress shall be passed through the (c) From December 16 through the
draw as soon as possible. last day of February, the draw of both
bridges shall open on signal if at least
117.647 Saginaw River. 12 hours notice is given.
(a) The draws of the Lake State Rail- (d) Public vessels of the United
way Bridge, mile 3.10, and the Canadian States, state and local government ves-
National Railway Bridge, mile 4.94, sels used for public safety, commercial
both in Bay City, shall open on signal; vessels, and vessels in distress shall be
except that from January 1 through passed through the draw of both
March 31, the draws shall open on sig- bridges as soon as possible.
nal if at least 12 hours advance notice
is provided. 117.653 St. Marys Falls Canal.
(b) The draws of the Independence The draw of the International Rail-
Bridge, mile 3.88, Liberty Street way bridge, mile 1.0 at Sault Ste.
Bridge, mile 4.99, Veterans Memorial
Marie, shall be maintained in the fully
Bridge, mile 5.60, and Lafayette Street
open position during the navigation
Bridge, mile 6.78, all in Bay City, shall
open on signal, except as follows: season, except for the crossings of
(1) From April 15 through November trains or for maintenance. Bridge oper-
1, between the hours of 6:30 a.m. and 7 ators shall not give precedence to rail-
p.m., Monday through Friday, except way traffic and shall not close the
federal holidays, the draws of the Inde- bridge against an upbound vessel after
pendence and Veterans Memorial lock gates are open and the vessel is
Bridges need open for the passage of proceeding toward the bridge, nor
recreational vessels only from three against a downbound vessel, 1,200 feet
minutes before to three minutes after or less west of the bridge, unless the
the hour and half-hour, and the Liberty vessel is moored at either canal pier
Street and Lafayette Street bridges awaiting its turn to take position at
need open for the passage of rec- lock approaches.
598
117.655 Thunder Bay River. to April 30, the draw shall open on sig-
The draw of the Second Avenue nal if at least 12-hours advance notice
bridge, mile 0.3 at Alpena, shall open is provided. The commercial phone
on signal if at least three hours notice number to provide advance notice shall
is given to the Dispatcher, Police De- be posted on the bridge so that it is
partment, City of Alpena, Michigan. plainly visible to vessel operators ap-
proaching the up or downstream side of
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR the bridge. The owners of the bridge
37382, Sept. 24, 1984] shall maintain clearance gauges in ac-
cordance with 33 CFR 118.160 of this
MINNESOTA
chapter.
117.661 Duluth Ship Canal (Duluth- [USCG20101055, 76 FR 17544, Mar. 30, 2011]
Superior Harbor).
The draw of the Duluth Ship Canal 117.665 Red River of the North.
Aerial bridge, mile 0.25 at Duluth, shall The draws of the bridges need not be
open on signal; except that, from the opened for the passage of vessels.
Friday before Memorial Day through
the Tuesday after Labor Day each 117.667 St. Croix River.
year, between the hours of 7 a.m. and 9 (a) The draws of the Burlington
p.m., seven days a week, the draw- Northern Santa Fe Railroad Bridge,
bridge shall open on the hour and half- Mile 0.2, the Prescott Highway Bridge,
hour for vessels under 300 gross tons, if Mile 0.3, and the Hudson Railroad
needed; and the bridge will open on sig- Bridge, Mile 17.3, shall operate as fol-
nal for all vessels from 9 p.m. to 7 a.m., lows:
seven days a week, and at all times for (1) From April 1 to October 31:
Federal, state, and local government (i) 8 a.m. to midnight, the draws shall
vessels, vessels in distress, commercial open on signal;
vessels engaged in rescue or emergency (ii) Midnight to 8 a.m., the draws
salvage operations, commercial-assist shall open on signal if notification is
towing vessels engaged in towing or made prior to 11 p.m.,
port operations, vessels engaged in (2) From November 1 through March
pilot duties, vessels seeking shelter 31, the draw shall open on signal if at
from severe weather, and all commer- least 24 hours notice is given.
cial vessels 300 gross tons or greater. (b) The draw of the Stillwater High-
From January 1 through March 15, the way Bridge, Mile 23.4, shall open on sig-
draw shall open on signal if at least 12 nal as follows:
hours notice is given. The opening sig- (1) From May 15 through October 15,
nal is one prolonged blast, one short Monday through Friday, except Fed-
blast, one prolonged blast, one short eral holidays, from:
blast. If the drawbridge is disabled, the (i) 8 a.m. to 11 a.m., every hour on
bridge authorities shall give incoming the hour;
and outgoing vessels timely and de- (ii) 11 a.m. to 2:30 p.m., every half
pendable notice, by tug service if nec- hour;
essary, so that the vessels do not at- (iii) 2:30 p.m. to 5:30 p.m., at 2:30 p.m.,
tempt to enter the canal. 4 p.m. and 5:30 p.m.;
[USCG20101030, 76 FR 11334, Mar. 2, 2011]
(iv) 6:30 p.m. to 10 p.m., every half
hour; and
117.663 Minnesota River. (v) 10 p.m. to 8 a.m., upon at least
two hours notice.
The draws of bridges above LeSueur
(2) from May 15 through October 15,
need not be opened for the passage of
Saturdays, Sundays, and federal holi-
vessels.
days from:
[CGD0897004, 63 FR 4584, Jan. 30, 1998] (i) 8 a.m. to 9 a.m., every half hour;
(ii) 9 a.m. to 8 p.m., every hour on the
117.664 Rainy River, Rainy Lake and hour;
their tributaries. (iii) 8 p.m. to midnight, every half
The draw of the Canadian National hour; and
Bridge, mile 85.0, at Rainer, shall open (iv) Midnight to 8 a.m., upon at least
on signal; except that, from October 16 two hours notice.
599
117.669 33 CFR Ch. I (7112 Edition)
(3) From October 16 through May 14, MISSISSIPPI

if at least 24 hours notice is given.
(c) The draw of the Soo Line Railroad 117.675 Back Bay of Biloxi.
Bridge, Mile 40.7, at Otisville, need not (a) The draw of the I110 bridge, mile
be opened for the passage of vessels. 3.0 at Biloxi, shall open on signal if at
least six hours notice is given.
[CGD29101, 56 FR 21303, May 8, 1991, as (b) The draw of the Popps Ferry Road
amended by 59 FR 63898, Dec. 12, 1994; USCG bridge, mile 8.0, at Biloxi, shall open on
19983799, 63 FR 35527, June 30, 1998; CGD08 signal; except that, from 7:30 a.m. to 9
02035, 68 FR 74479, Dec. 24, 2003]
a.m. and from 4:30 p.m. to 6 p.m. Mon-
day through Friday, except Federal
117.669 St. Louis River (Duluth Supe-
rior Harbor). holidays, the draw need not be opened
for passage of vessels. The draw shall
(a) The draws of the Burlington open at any time for a vessel in dis-
Northern railroad bridge, mile 5.7, shall tress.
open on signal; except that, from Janu-
[CGD88505, 50 FR 27583, July 5, 1985, as
ary 1 through March 15, the draws shall amended by CGD0896049, 64 FR 6221, Feb. 9,
open on signal if at least 24 hours no- 1999; CGD0806015, 71 FR 26416, May 5, 2006]
tice is given. The opening signal for the
Minnesota draw is one prolonged blast 117.677 Big Sunflower River.
followed by two short blasts and for The draw of the Columbus and Green-
the Wisconsin draw is two prolonged ville railroad bridge, mile 96.1 at Baird,
blasts followed by two short blasts. shall open on signal if at least four
(b) The draws of the Grassy Point hours notice is given.
bridge, mile 8.0, and the Arrow Head
117.681 Old Fort Bayou.
bridge, mile 8.7, shall open on signal;
except that, from January 1 through The draw of the bridge, mile 1.6 at
March 15, the draw shall open on signal Ocean Springs, shall open on signal; ex-
if at least 24 hours notice is given. The cept that, from 9 p.m. to 5 a.m., the
opening signal for the Grassy Point draw shall open on signal if at least
bridge is two prolonged blasts followed eight hours notice is given to the Old
by one short blast and for the Arrow- Fort Bayou drawtender. During periods
of storm or hurricane warnings issued
head bridge is three prolonged blasts.
by the National Weather Service, the
(c) The draw of the Duluth Missabe
draw shall open on signal at any time.
and Iron Range Railway bridge, mile
16.3, need not be opened for the passage [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
of vessels. The owner shall return the 37382, Sept. 24, 1984]
draw to operable condition within a 117.683 Pearl River.
reasonable time when notified by the
District Commander to do so. See 117.486, Pearl River, listed under
Louisiana.
117.671 Upper Mississippi River. [USCG200110881, 71 FR 70311, Dec. 4, 2006]
(a) The draws of all bridges between
117.684 Bayou Portage.
Lock and Dam No. 10, mile 615.1, and
Lock and Dam No. 2, mile 815.2, shall The draw of the Henderson Avenue
open on signal; except that, from De- Bridge, mile 2.0, at Pass Christian, MS
cember 15 through the last day of Feb- shall open on signal if at least two
hours notice is given to the Harrison
ruary, the draws shall open on signal if
County Board of Supervisors.
(b) The draws of all bridges between [CGD0804010, 69 FR 69531, Nov. 30, 2004]
Lock and Dam No. 2, mile 815.2, and
117.685 Tchoutacabouffa River.
Lock and Dam No. 1, mile 847.6, shall
open on signal; except that, from De- The draw of the Cedar Lake Road
cember 15 through the last day of Feb- Bridge over the Tchoutacabouffa River,
ruary, the draws shall open on signal if mile 8.0, shall open on signal if at least
at least 12 hours notice is given. twenty-four hours notice is given.
[CGD0898055, 63 FR 49822, Sept. 18, 1998]
600
117.686 Yazoo River. mercial navigation season as published

by the Army Corps of Engineers, the
(a) The draws of the Canadian Na-
draw need not open unless at least 24
tional/Illinois Central railroad bridge,
hours advance notice is given.
mile 16.7 at Redwood, and the Satartia
highway (S433) bridge, mile 53.3 at [CGD0898020, 66 FR 62938, Dec. 4, 2001]
Satartia, shall open on signal if at
least two hours notice is given. When a NEW HAMPSHIRE
vessel has given notice and fails to ar- 117.697 Hampton River.
rive within the two hour period speci-
fied, the drawtender shall remain on The SR1A bridge, mile 0.0 at Hamp-
duty for two additional hours and open ton, operates as follows:
the draw if the requesting vessel ap- (a) The draw shall open on signal
pears. After this time, an additional from April 1 through October 31 for the
two hour notice is required. passage of vessels during daylight
(b) The draws of the bridges upstream hours from three hours before to three
from the Satartia highway (S433) hours after each high tide. Daylight
bridge shall open on signal if at least hours means one-half hour before sun-
four hours notice is given. When a ves- rise to one-half hour after sunset. High
sel has given notice and fails to arrive tide occurs one-half hour later than the
within the four hour period specified, time of high tide for Portland, Maine,
the drawtender shall remain on duty as published in the tide tables pub-
for two additional hours and open the lished by private entities using data
draw if the requesting vessel appears. provided by the National Ocean Serv-
After this time, an additional four hour ice. At all other times, the draw shall
notice is required. open on signal if at least three hours
notice is given.
[CGD 82025, 49 FR 17452, Apr. 24, 1984. Redes- (b) The owners of the bridge shall
ignated at CGD89203, 57 FR 27696, June 22, provide and keep in good legible condi-
1992, as amended by USCG20007223, 65 FR tion two board gages painted white
40056, June 29, 2000] with black figures not less than six
MISSOURI inches high to indicate the vertical
clearance under the closed draw at all
117.687 Missouri River. stages of the tide. The gages shall be so
placed on the bridge that they are
The draws of the bridges across the plainly visible to operators of vessels
Missouri River shall open on signal; ex- approaching the bridge either up or
cept during the winter season between downstream.
the date of closure and date of opening (c) Vessels which can pass under the
of the commercial navigation season as closed draw with a clearance of one
published by the Army Corps of Engi- foot or more shall not signal for the
neers, the draws need not open unless opening of the draw. In case a vessel
at least 24 hours advance notice is gives the prescribed signal and the
given. drawtender is uncertain as to whether
[CGD0806002, 71 FR 66874, Nov. 17, 2006] the vessel can safely pass, the
drawtender shall open the draw. If the
117.689 Osage River. drawtender finds that there would have
The draw of the Missouri Pacific been a clearance of one foot or more
Railroad bridge, mile 5.6 at Osage City, had the draw remained closed, the mat-
need not be opened for the passage of ter shall be reported immediately to
vessels. the District Commander, giving the
name of the vessel, the time of opening
NEBRASKA the draw, the clearance under the
bridge as indicated by the gage at the
117.691 Missouri River. time of opening the draw, and the ap-
The draw of the Illinois Central Gulf proximate vertical clearance required
Railroad Bridge, mile 618.3, at Omaha, by the vessel.
shall open on signal; except during the [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
winter season between the date of clo- amended by USCG20019286, 66 FR 33641,
sure and date of opening of the com- June 25, 2001]
601
117.699 33 CFR Ch. I (7112 Edition)
117.699 Little Harbor. high tide taken at the Battery, New

York.
The draw of the SR1B bridge, mile 1.0
(e) The bridge operator shall issue a
between New Castle and Rye, shall
manual broadcast notice to mariners of
open on signal from April 1 through Oc-
the intent to close the bridge for a pe-
tober 31 from 6 a.m. to 10 p.m. if at
riod of up to 30 minutes for the passage
least four hours notice is given. At all
of rail traffic, on VHFFM channels 13
other times, the draw shall open as
and 16 (minimum range of 15 miles) 90
soon as possible only for emergencies.
minutes before and again at 75 minutes
117.700 Piscataqua River. before each bridge closure.
(f) Beginning at 60 minutes prior to
See 117.531, Piscataqua River, listed each bridge closure, automated or man-
under Maine. ual broadcast notice to mariners must
[CGD 92015, 57 FR 37880, Aug. 21, 1992] be repeated at 15 minute intervals and
again at 10 and 5 minutes prior to each
NEW JERSEY bridge closure and once again as the
bridge begins to close, at which point
117.701 Alloway Creek. the appropriate sound signal will be
(a) The draws of the Salem County given.
bridges, miles 5.1 at Hancocks Bridge, (g) Two 15 minute bridge closures
and 6.5 at New Bridge, shall open on may be provided each day for the pas-
signal if at least 24 hours notice is sage of multiple rail traffic movements
given. across the bridge. Each 15 minute
bridge closure shall be separated by at
(b) The draw of the S49 bridge, mile
least a 30 minute period when the
9.5 at Quinton, need not be opened for
bridge is returned to and remains in
the full open position. Notification of
117.702 Arthur Kill. the two 15 minute closures shall follow
the same procedures outlined in para-
(a) The draw of the Arthur Kill (AK) graphs (e) and (f) above.
Railroad Bridge shall be maintained in (h) A vessel operator may request up
the full open position for navigation at to a 30 minute delay for any bridge clo-
all times, except during periods when it sure in order to allow vessel traffic to
is closed for the passage of rail traffic. meet tide or current requirements;
(b) The bridge owner/operator shall however, the request to delay the
maintain a dedicated telephone hot bridge closure must be made within 30
line for vessel operators to call the minutes following the initial broadcast
bridge in advance to coordinate antici- for the bridge closure. Requests re-
pated bridge closures. The telephone ceived after the initial 30 minute
hot line number shall be posted on broadcast will not be granted.
signs at the bridge clearly visible from (i) In the event of a bridge oper-
both the up and downstream sides of ational failure, the bridge operator
the bridge. shall immediately notify the Coast
(c) Tide constrained deep draft ves- Guard Captain of the Port New York.
sels shall notify the bridge operator, The bridge owner/operator must pro-
daily, of their expected times of vessel vide and dispatch a bridge repair crew
transits through the bridge, by calling to be on scene at the bridge no later
the designated telephone hot line. than 45 minutes after the bridge fails
(d) The bridge shall not be closed for to operate. A repair crew must remain
the passage of rail traffic during any on scene during the operational failure
predicted high tide period if a tide con- until the bridge has been fully restored
strained deep draft vessel has provided to normal operations or until the
the bridge operator with an advance bridge is raised and locked in the fully
notice of their intent to transit open position.
through the bridge. For the purposes of (j) When the bridge is not tended lo-
this regulation, the predicted high tide cally it must be operated from a re-
period shall be considered to be from mote location. A sufficient number of
two hours before each predicted high closed circuit TV cameras, approved by
tide to a half-hour after each predicted the Coast Guard, shall be operated and
602
maintained at the bridge site to enable 117.709 Cheesequake Creek.

the remotely located bridge tender to (a) The draw of the S35 Bridge, at
have full view of both river traffic and mile 0.0, at Morgan, South Amboy, New
the bridge. Jersey, shall operate as follows:
(k) VHFFM channels 13 and 16 shall (1) From April 1 through November 30
be maintained and monitored to facili- from 7 a.m. to 8 p.m., the draw need
tate communication in both the re- only open on the hour. From 8 p.m. to
mote and local control locations. The 11 p.m. the draw shall open on signal.
bridge shall also be equipped with di- From 11 p.m. to 7 a.m. the draw shall
rectional microphones and horns to reopen after at least a two hour advance
ceive and deliver signals to vessels. notice is given by calling the number
(l) Whenever the remote control sys- posted at the bridge.
tem equipment is disabled or fails to (2) From December 1 through March
operate for any reason, the bridge oper- 31, the draw shall open on signal after
ator shall immediately notify the Cap- at least a two hour advance notice is
tain of the Port New York. The bridge given by calling the number posted at
shall be physically tended and operated the bridge.
by local control as soon as possible, but (b) The draw of the New Jersey Tran-
no more than 45 minutes after malfunc- sit Rail Operations railroad bridge,
tion or disability of the remote system. mile 0.2, operates as follows:
(m) Mechanical bypass and override (1) The draw shall open on signal; ex-
capability of the remote operation sys- cept that, at least four hours notice is
tem shall be provided and maintained required
at all times. (i) From January 1 through March 31
from 6 p.m. to 6 a.m.;
[USCG20101117, 76 FR 45692, Aug. 1, 2011] (ii) From April 1 through April 30 and
November 1 through November 30 from
117.703 Bass River.
10 p.m. to 6 a.m. Monday through
The draw of the U.S. 9 bridge, mile Thursday, and midnight Sunday
2.6, at New Gretna, shall operate as fol- through 6 a.m. Monday; and
lows: (iii) From December 1 through De-
(a) The drawspan must open on signal cember 31 from 10 p.m. to 6 a.m.
if at least six hours notice is given, ex- (2) The owners of the bridge shall
cept that public vessels of the United provide and keep in good legible condi-
States must be passed as soon as pos- tion two board gages painted white
sible. with black figures not less than eight
(b) The owners of this bridge shall inches high to indicate the vertical
provide and keep in good legible condi- clearance under the closed draw at all
tion clearance gauges for the draw span stages of the tide. The gages shall be so
with figures not less than 12 inches placed on the bridge that they are
high designed, installed and main- plainly visible to operators of vessels
tained in accordance with the provi- approaching the bridge either up or
sions of 118.160 of this chapter. downstream.
[CGD591031, 57 FR 22175, May 27, 1992, as [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
amended by USCG200110881, 71 FR 70311, amended by CGD0104126, 70 FR 20465, Apr.
Dec. 4, 2006] 20, 2005; CGD0105096, 71 FR 17351, Apr. 6,
2006]
117.705 Beaver Dam Creek.
117.711 Cohansey River.
The draw of the Ocean County bridge, The draw of the Broad Street bridge,
mile 0.5 at Point Pleasant, shall open mile 18.2 at Bridgeton, need not be
on signal from June 1 through Sep- opened for the passage of vessels.
tember 30 and from 8 a.m. to 4 p.m.
during April, May, October, and No- 117.713 Cooper River.
vember. At all other times, the draw (a) The drawspans for the State
shall open on signal if at least 24 hours Street Drawbridge, mile 0.3 and the
notice is given. Conrail Drawbridge at North River Av-
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR enue, mile 0.9, must open on signal if at
37382, Sept. 24, 1984] least four hours notice is given.
603
117.714 33 CFR Ch. I (7112 Edition)
(b) The draw of the Admiral Wilson (b) The draws of the South First
Boulevard bridge, mile 1.1 at Camden, Street bridge, mile 0.4 at Elizabeth,
need not be opened for the passage of shall open on signal if at least three
vessels. However, the draw shall be re- hours notice is given.
turned to operable condition within six (c) The draws of the New Jersey
months after notification by the Dis- Transit Rail Operations railroad
trict Commander to do so. bridge, mile 0.7, the Baltic Street
bridge, mile 0.9, the Summer Street
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
bridge, mile 1.3, the South Street
37382, Sept. 24, 1984, as amended by USCG
200110881, 71 FR 70311, Dec. 4, 2006]
bridge, mile 1.8, and the Bridge Street
bridge, mile 2.1, all at Elizabeth, need
117.714 Corson Inlet. not be opened for the passage of ves-
sels.
The draw of the Corson Inlet Bridge,
mile 0.9, at Strathmere, shall open on [CGD 82025, 49 FR 17452, Apr. 24, 1984. Redes-
signal; except that from October 1 ignated by USCG20120306, 77 FR 37314, June
21, 2012]
through May 15 from 10 p.m. to 6 a.m.
and from 6 a.m. to 10 p.m. on December 117.719 Glimmer Glass (Debbies
25 the draw need open only if at least Creek).
two hours notice is given.
(a) The draw of the Monmouth Coun-
[USCG20070026, 73 FR 5749, Jan. 31, 2008] ty highway bridge, mile 0.4 at
Manasquan, shall open on signal, ex-
117.716 Delaware River. cept as follows:
The following requirements apply to (1) From 4:30 p.m. January 1 through
all drawbridges across the Delaware 8 a.m. April 1, from 4:30 p.m. to 8 a.m.,
River: the draw need open only if at least
(a) The draws of railroad bridges need four-hours advance notice is given.
not be opened when there is a train in (2) From Memorial Day through
the bridge block approaching the Labor Day from 7 a.m. to 8 p.m., the
bridge with the intention of crossing, draw need open only on the hour and
or within five minutes of the known half hour if any vessels are waiting to
time of the passage of a scheduled pas- pass.
senger train. (b) The owners of the bridge shall
(b) The opening of a bridge may not
tion two board gauges painted white
be delayed more than five minutes for
with black figures not less than eight
a highway bridge or 10 minutes for a
inches high to indicate the vertical
railroad bridge, after the signal to open
clearance under the closed draw at all
is given.
stages of the tide. The gauges shall be
(c) The owners of drawbridges shall
so placed on the bridge that they are
plainly visible to operators of vessels
tion two board gages painted white
approaching the bridge either up or
with black figures not less than six
downstream.
inches high to indicate the vertical
clearance under the closed draw at all [CGD0598111, 64 FR 59624, Nov. 3, 1999. Re-
stages of the tide. The gages shall be so designated and amended by USCG20120306,
placed on the bridge that they are 77 FR 37314, June 21, 2012]
plainly visible to operators of vessels 117.720 Great Channel.
downstream. The draw of the County of Cape May
bridge, mile 0.7, between Stone Harbor
[CGD 82025, 49 FR 43460, Oct. 29, 1984] and Nummy Island, shall open on sig-
nal except that:
117.718 Elizabeth River. (a) From May 15 through October 15
(a) The draw of the South Front from 10 p.m. to 6 a.m., the draw need
Street bridge, mile 0.0 at Elizabeth, only open if at least four hours advance
shall open on signal; except that, from notice is given.
12 midnight to 7 a.m., the draw shall (b) From October 16 through May 14,
open on signal if at least three hours the draw need only open if at least 24
notice is given. hours advance notice is given.
604
(c) From 9:15 a.m. to 2:30 p.m. on the basin at mile 4.0, and 12 inches high for
fourth Sunday in March of every year, bridges above mile 4.0. The gauges shall
the draw need not open for vessels. If be designed, installed and maintained
the fourth Sunday falls on a religious according to the provisions of section
holiday, the draw need not open from 118.160 of this chapter.
9:15 a.m. to 2:30 p.m. on the third Sun- (3) Train and locomotives shall be
day of March of every year. controlled so that any delay in opening
[CGD0597003, 63 FR 2312, Jan. 15, 1998, as the draw shall not exceed 10 minutes
amended by USCG19983799, 63 FR 35527, except as provided in paragraph (a)(1)
June 30, 1998; CGD0506045, 71 FR 59383, Oct. of this section. However, if a train
10, 2006] moving toward the bridge has crossed
the home signal for the bridge before
117.721 Grassy Sound Channel. the signal requesting the opening of
The draw of the Grassy Sound Chan- the bridge is given, the train may con-
nel Bridge, mile 1.0 in Middle Town- tinue across the bridge and must clear
ship, shall open on signal from 6 a.m. the bridge interlocks before stopping or
to 8 p.m. from May 15 through Sep- reversing.
tember 30. From 9:15 a.m. to 2:30 p.m. (4) New Jersey Transit Rail Oper-
on the fourth Sunday in March of every ations (NJTRO) roving crews shall
year, the draw need not open for ves- consist of two qualified operators on
sels. If the fourth Sunday falls on a re- each shift, each having a vehicle which
ligious holiday, the draw need not open is equipped with marine and railroad
from 9:15 a.m. to 2:30 p.m. on the third radios, a cellular telephone, and emer-
Sunday of March of every year. Two gency bridge repair and maintenance
hours advance notice is required for all tools. This crew shall be split with one
other openings by calling (609) 3684591. drawtender stationed at Upper Hack
and the other drawtender at the HX
[CGD0506045, 71 FR 59383, Oct. 10, 2006]
drawbridge. Adequate security meas-
117.722 Great Egg Harbor Bay. ures shall be provided to prevent van-
dalism to the bridge operating controls
The draw of the U.S. Route 9/ and mechanisms to ensure prompt
Beesleys Point Bridge, mile 3.5, shall openings of NJTRO bridges.
open if at least two hours notice is (5) Except as provided in paragraphs
given from October 1 to May 14 from 8 (b) through (h) of this section, the
p.m. to 6 a.m., from May 15 to Sep- draws shall open on signal.
tember 30 from 10 p.m. to 6 a.m., and (b) Except as provided in paragraph
from 8 p.m. on December 24 until and (a)(1) of this section, the draw of the
including 6 a.m. on December 26 of NJTRO Lower Hack Bridge, mile 3.4 at
every year; and shall open on signal at Jersey City shall open on signal if at
all other times. least one hour advance notice is given
[USCG20090453, 75 FR 3858, Jan. 25, 2010] to the drawtender at the Upper Hack
bridge, mile 6.9 at Secaucus, New Jer-
117.723 Hackensack River. sey. In the event the HX drawtender is
(a) The following requirements apply at the Newark/Harrison (Morristown
to all bridges across the Hackensack Line) Bridge, mile 5.8 on the Passaic
River: River, up to an additional half hour
(1) Public vessels of the United delay is permitted.
States, state or local vessels used for (c) Except as provided in paragraphs
public safety, and vessels in distress (a)(1) of this section, the draw of the
shall be passed through the draw of Amtrak Portal Bridge, mile 5.0, at Lit-
each bridge as soon as possible without tle Snake Hill, need not open for the
delay. The opening signal for these ves- passage of vessel traffic Monday
sels is four or more short blasts of a through Friday, except Federal holi-
whistle or horn, or a radio request. days, from 6 a.m. to 10 a.m. and from 4
(2) The owners of each bridge shall p.m. to 8 p.m. Additional bridge open-
provide and keep in good legible condi- ings shall be provided for commercial
tion clearance gauges for each draw, vessels from 6 a.m. to 7:20 a.m.; 9:20
with figures not less than 18 inches a.m. to 10 a.m.; 4 p.m. to 4:30 p.m. and
high for bridges below the turning from 6:50 p.m. to 8 p.m., if at least a
605
117.725 33 CFR Ch. I (7112 Edition)
one-hour advance notice is given by periodic maintenance authorized in ac-

calling the number posted at the cordance with subpart A of this part.
bridge. At all other times the draw (i) Trains shall be controlled so that
shall open on signal. any delay in opening of the draw shall
(d) Except as provided in paragraph not exceed ten minutes except as pro-
(a)(1) of this section, the draw of the vided in 117.31(b).
NJTRO Upper Hack Bridge, mile 6.9 at (ii) Before the bridge closes for any
Secaucus, N.J. shall open on signal unreason, an on-site train crewmember
less the drawtender is at the HX will observe the waterway for ap-
bridge, mile 7.7 at Secaucus, N.J. over proaching craft, which will be allowed
the Hackensack River; then up to a to pass. An on-site train crewmember
half hour delay is permitted. will then operate the bridge by radio-
(e) Except as provided in paragraph phone. The bridge shall only be closed
(a)(1) of this section, the draw of the if an on-site train crewmembers visual
NJTRO HX bridge, mile 7.7 at inspection shows that the channel is
Secaucus, shall open on signal if at clear and there are no vessels
least one half hour notice is given to transiting in the area.
the drawtender at the Upper Hack (iii) While the CONRAIL Railroad
Bridge. Bridge is moving from the full open to
(f) Except as provided in paragraph the full closed position, an on-site
(a)(1) of this section, the draw of the train crewmember will maintain con-
S46 Bridge, at mile 14.0, in Little stant surveillance of the navigational
Ferry, shall open on signal if at least a channel to ensure no conflict with mar-
twenty four hour advance notice is itime traffic exists. In the event of fail-
given by calling the number posted at ure or obstruction, the on-site train
the bridge. crewmember will stop the bridge and
(g) The draw of the Harold J. Dillard return the bridge to the open position.
Memorial (Court Street) Bridge, mile (iv) During closing of the span, the
16.2, at Hackensack, shall open on sig- channel traffic lights will flash red, the
nal if at least four hours notice is horn will sound five short blasts, and
given. an audio voice warning device will an-
(h) The draw of the New York Sus- nounce bridge movement, and the
quehanna and Western Railroad bridge, bridge will close. When the bridge is
mile 16.3, and the Midtown bridge, mile seated and locked down to vessels, the
16.5, both at Hackensack, need not be channel traffic lights will continue to
opened for the passage of vessels, how- flash red. When the rail traffic has
ever, the draws shall be restored to op- cleared the swing span, the horn will
erable condition within 12 months after sound one prolonged blast followed by
notification by the District Com- one short blast to signal the draw of
mander to do so. the CONRAIL Railroad Bridge is about
to return to its full open position to
[CCGD0191029, 58 FR 39148, July 22, 1993, as vessels.
amended by CGD0198091, 64 FR 38830, July (v) During open span movement, the
20, 1999; CGD0199076, 64 FR 62114, Nov. 16, channel traffic lights will flash red, the
1999; CGD0105061, 70 FR 58059, Oct. 5, 2005]
horn will sound one prolonged blast fol-
117.725 Manantico Creek. lowed by one short blast, then a pause,
and an audio voice warning will an-
The draw of the highway bridge, mile nounce bridge movement until the
0.5 at Millville, need not be opened for bridge is in the full open position. In
the passage of vessels. the full open position, the channel traf-
fic lights will flash green.
117.729 Mantua Creek. (2) From December to February, the
(a) The draw of the CONRAIL Rail- draw may be left in the closed position
road Bridge, mile 1.4 at Paulsboro, and opened on signal if at least four
shall operate as follows: hours notice is given by telephone at
(1) From March through November, (856) 2312393.
the draw shall be left in the open posi- (b) The draw of the S.R. 44 bridge,
tion to vessels and will only be closed mile 1.7, at Paulsboro, shall open on
for the passage of trains and to perform signal from March 1 through November
606
30 from 7 a.m. to 11 p.m., and shall open 117.733 New Jersey Intracoastal Wa-
on signal at all other times upon four terway.
hours notice. (a) The draw of the Route 35 Bridge,
[CGD3 8433, 50 FR 30270, July 25, 1985, as mile 1.1 across Manasquan River at
amended by CGD0503121, 69 FR 21063, Apr. Brielle, shall open on signal except as
20, 2004] follows:
(1) From May 15 through September
117.730 Maurice River. 30:
The draw of the Cumberland County (i) On Saturdays, Sundays and Fed-
bridge, mile 12.1 at Mauricetown, need eral holidays, from 8 a.m. to 10 p.m.,
not be opened for the passage of ves- the draw need only open 15 minutes be-
sels. fore the hour and 15 minutes after the
hour.
[CGD 82025, 49 FR 17452, Apr. 24, 1984. Redes-
ignated by USCG200110881, 71 FR 70311, Dec.
(ii) On Mondays to Thursdays from 4
4, 2006] p.m. to 7 p.m., and on Fridays, except
Federal holidays from 12 p.m. to 7 p.m.,
117.731 Mullica River. the draw need only open 15 minutes be-
fore the hour and 15 minutes after the
The draws of the bridges listed in
hour.
this section shall open on signal, ex-
(2) Year-round from 11 p.m. to 8 a.m.,
cept as follows:
the draw need only open if at least four
(a) The draw of the Lower Bank hours notice is given.
bridge, mile 15.0, need not open during
(b) The draw of the County Route 528
the following periods unless at least Bridge, mile 6.3 across Barnegat Bay at
four hours notice is given: Mantoloking, shall open on signal; ex-
(1) From May 1 through November 30, cept that from Memorial Day through
from 11 p.m. to 7 a.m. Labor Day on Saturdays, Sundays and
(2) From December 1 through April Federal holidays from 9 a.m. to 6 p.m.,
30, at all times. the draw need only open on the hour,
(b) The draw of the Green Bank twenty minutes after the hour, and
bridge, mile 18.0, need not open unless forty minutes after the hour.
at least four hours notice is given dur- (c) The draw of the S37 Bridge across
ing the following periods: Barnegat Bay, mile 14.1 at Seaside
(1) April 1 through November 30, from Heights, shall open on signal except as
11 p.m. to 7 a.m. follows:
(2) December 1 through March 31, at (1) From December 1 through March
all times. 31, the draw need only open if at least
(c) The drawspan must open as soon four hours notice is given.
as possible for public vessels of the (2) From April 1 through November 30
United States during the periods when from 11 p.m. to 8 a.m., the draw need
four hours notice is required. only open if at least four hours notice
is given.
[CGD587065, 53 FR 406, Jan. 7, 1988, as
amended by CGD05 94093, 60 FR 51732, Oct. 3, (3) From Memorial Day through
1995. Redesignated and amended by USCG Labor Day from 8 a.m. to 8 p.m., the
200110881, 71 FR 70311, Dec. 4, 2006] draw need only open on the hour and
half hour.
117.732 Nacote Creek. (d) The draw of the AMTRAK New
(a) The Route 9 bridge, mile 1.5, shall Jersey Transit Rail Operations
open on signal, except that from 11 (NJTRO) automated railroad swing
p.m. to 7 a.m., the draw shall open if at bridge across Beach Thorofare, mile
68.9 at Atlantic City shall operate as
least two hours notice is given.
follows:
(b) The draw of the Atlantic County
(1) Open on signal from 11 p.m. to 6
(Rte. 575) bridge, mile 3.5 at Port Re-
a.m. From 6 a.m. to 11 p.m., the draw
public, shall open on signal if at least
shall open on signal from 20 minutes to
eight hours notice is given.
30 minutes after each hour and remain
[CGD0594065, 61 FR 29960, June 13, 1996] open for all waiting vessels.
607
117.733 33 CFR Ch. I (7112 Edition)
(2) Opening of the draw span may be July 5th to accommodate the annual
delayed for ten minutes except as pro- July 4th fireworks show.
vided in 117.31(b). However, if a train (3) On the third or fourth Wednesday
is moving toward the bridge and has of August the draw will open every two
crossed the home signal for the bridge hours on the hour from 10 a.m. until 4
before the signal requesting opening of p.m. and need not open from 4 p.m.
the bridge is given, that train may con- until 8 p.m. to accommodate the an-
tinue across the bridge and must clear nual Air Show.
the bridge interlocks before stopping. (f) The draw of the US40322 (Albany
(3) When the bridge is not tended lo- Avenue) Bridge, mile 70.0 across Inside
cally and/or is operated from a remote Thorofare, at Atlantic City, shall open
location, sufficient closed circuit TV on signal except that:
cameras shall be operated and main- (1) Year-round, from 11 p.m. to 7 a.m.;
tained at the bridge site to enable the and from November 1 through March 31
remotely located bridge/train con- from 3 p.m. to 11 p.m., the draw need
troller to have full view of both river only open if at least four hours notice
traffic and the bridge. is given;
(4) Radiotelephone Channel 13 (156.65 (2) From June 1 through September
MHz) VHF-FM, shall be maintained 30:
and utilized to facilitate communica- (i) From 9 a.m. to 4 p.m. and from 6
tion in both remote and local control p.m. to 9 p.m. the draw need only open
locations. The bridge shall also be on the hour and half hour; and
equipped with directional microphones (ii) From 4 p.m. to 6 p.m. the draw
and horns to receive and deliver signals need not open.
to vessels within a mile that are not (3) On July 4, the draw need not open
equipped with radiotelephones. from 9:40 p.m. until 11:15 p.m. to ac-
(5) Whenever the remote control sys- commodate the annual July 4th fire-
tem equipment is partially disabled or works show. Should inclement weather
fails for any reason, the bridge shall be prevent the fireworks event from tak-
physically tended and operated by local ing place as planned, the draw need not
control. Personnel shall be dispatched open from 9:40 p.m. until 11:15 p.m. on
to arrive at the bridge as soon as pos- July 5th to accommodate the annual
sible, but not more that one hour after July 4th fireworks show.
malfunction or disability of the remote (4) On the third or fourth Wednesday
system. Mechanical bypass and over- of August, the draw will open every
ride capability of the remote operation two hours on the hour from 10 a.m.
system shall be provided and main- until 4 p.m. and need not open from 4
tained. p.m. until 8 p.m. to accommodate the
(6) When the draw is opening and annual Air Show.
closing, or is closed, yellow flashing (g) The draw of the Dorset Avenue
lights located on the ends of the center Bridge across Inside Thorofare, mile
piers shall be displayed continuously 72.1 at Ventnor City, shall open on sig-
until the bridge is returned to the fully nal except that from June 1 through
open position. September 30, from 9:15 a.m. to 9:15
(e) The draw of the Route 30 Bridge p.m., the draw need only open at 15 and
across Beach Thorofare, mile 67.2 at 45 minutes after the hour.
Atlantic City, shall open on signal if at (h) The draw of the Route 52 (Ninth
least four hours of notice is given; ex- Street) Bridge, mile 80.4 across Beach
cept that: Thorofare, at Ocean City, shall open on
(1) From April 1 through October 31, signal except that from Memorial Day
from 7 a.m. to 11 p.m. the draw need through Labor Day from 8 a.m. to 8
only open on the hour. p.m., the draw need only open on the
(2) On July 4, the draw need not open hour and half hour.
from 9:40 p.m. until 11:15 p.m. to ac- (i) The draw of the Stone Harbor
commodate the annual July 4th fire- Boulevard Bridge, mile 102.0 across
works show. Should inclement weather Great Channel, at Stone Harbor, shall
prevent the fireworks event from tak- open on signal except that:
ing place as planned, the draw need not (1) From October 1 through March 31
open from 9:40 p.m. until 11:15 p.m. on from 10 p.m. to 6 a.m. the draw need
608
only open if at least eight hours notice the bridge generally unmanned and in
is given. the open position.
(2) From Memorial Day through (iii) Summer Service (generally June
Labor Day from 6 a.m. to 6 p.m. on Sat- through August): Daily train service
urdays, Sundays and Federal holidays, starting at 10 a.m. and ending 7:30 p.m.
the draw need open only on the hour, 20 (3) When a vessel approaches the
minutes after the hour, and 20 minutes drawbridge with the draw in the open
before the hour. position, the vessel shall give the open-
(3) From 10 p.m. on December 24 until ing signal. If no acknowledgement is
6 a.m. on December 26, the draw need received within 30 seconds, the vessel
open only if at least two hours notice may proceed, with caution, through
is given. the open draw. When the draw is open
(j) [Reserved] and will be closing promptly, the draw-
(k) The draw of Two-Mile Bridge, bridge will generally signal using
mile 112.2, across Middle Thorofare in sound signals or radio telephone.
Wildwood Crest, shall open on signal (4) Opening of the draw span may be
except: delayed for ten minutes after a signal
(1) From 9:15 a.m. to 10:30 a.m. on the to open except as provide in (117.31(b).
fourth Sunday in March of every year, However, if a train is moving toward
the draw need not open for vessels. If the bridge and has crossed the home
the fourth Sunday falls on a religious signal for the bridge before the signal
holiday, the draw need not open for requesting opening of the bridge is
vessels from 9:15 a.m. to 10:30 a.m. on given, the train may continue across
the third Sunday of March of every the bridge and must clear the bridge
year. interlocks as soon as possible in order
(2) From 10:30 p.m. on December 24 to prevent unnecessary delays in the
until 10:30 p.m. on December 26, the opening of the draw.
draw need open only if at least two
hours notice is given. [CGD0597003, 63 FR 2311, Jan. 15, 1998, as
(l) [Reserved] amended by CGD0501007, 66 FR 39445, July
31, 2001; CGD0506045, 71 FR 59383, Oct. 10,
(m) The draw of Cape May Canal 2006; USCG200110881, 71 FR 70311, Dec. 4,
Railroad Bridge across Cape May 2006; USCG20070026, 73 FR 5749, Jan. 31, 2008;
Canal, mile 115.1, at Cape May shall op- USCG20080697, 73 FR 79639, Dec. 30, 2008; 74
erate as follows: FR 17084, Apr. 14, 2009; USCG20110698, 76 FR
(1) The draw shall be maintained in 79535, Dec. 22, 2011]
the open position; the draw may close
only for the crossing of trains and 117.734 Navesink River (Swimming
maintenance of the bridge. When the River).
draw is closed for a train crossing a The Oceanic Bridge, mile 4.5, shall
bridge tender shall be present to reopen open on signal; except that, from De-
the draw after the train has cleared the cember 1 through March 31, the draw
bridge. When the draw is closed for shall open on signal, if at least a twen-
maintenance a bridge tender shall be ty-four hour notice is given by calling
present to open the draw upon signal. the number posted at the bridge. The
(2) Train service generally operates owner of this bridge shall provide and
as follows (please contact Cape May keep in good legible condition clear-
Seashore Lines for current train sched- ance gauges with figures not less than
ules): eight inches high, designed, installed
(i) Winter (generally December and maintained according to the provi-
through March): In general, there is no sions of 118.160 of this chapter.
train service, therefore the bridge is
unmanned and placed in the full open [CGD0199075, 64 FR 71655, Dec. 22, 1999]
position.
117.735 Newark Bay.
(ii) Spring (generally April through
May and Fall (generally September The following requirements apply to
through November): Generally weekend all bridges across this waterway:
service only: Friday through Sunday (a) Public vessels of the United
train service starts at 10 a.m. and ends States, state or local vessels used for
at 7:30 p.m. Monday through Thursday public service, and vessels in distress
609
117.736 33 CFR Ch. I (7112 Edition)
shall be passed through the draw with- the passage of vessels. However, the
out delay. The opening signal from draws of any of these bridges shall be
these vessels is four or more short restored to operable condition within
blasts of a whistle or horn or a radio six months after notification by the
request. District Commander to do so.
(b) The owners of these bridges shall
provide and keep in good legible condi- 117.738 Overpeck Creek.
tion two board gages painted white (a) The draws of the Conrail and the
with black figures not less than 12 New York, Susquehanna and Western
inches high to indicate the vertical railroad bridges, mile 0.0 both at
clearance under the closed draw at all Ridgefield Park, NJ, operate as follows:
stages of the tide. The gages shall be so (1) The draws shall open on signal if
placed on the bridge that they are at least 24 hours notice is given.
plainly visible to operators of vessels (2) Public vessels of the United
approaching the bridge either up or States must be passed through the
downstream. drawspan of each drawbridge as soon as
(c) Trains and locomotives shall be possible.
controlled so that any delay in opening (3) The owners of these bridges shall
the draw span shall not exceed five provide and keep in good legible condi-
minutes. However, if a train moving to- tion two board gages painted white
ward the bridge has crossed the home with black figures not less than 12
signal for the bridge before the signal inches high to indicate the vertical
requesting opening of the bridge is clearance under the closed draw at all
given, the train may continue across stages of the tide. The gages shall be so
the bridge and must clear the bridge placed on the bridge that they are
interlocks before stopping. plainly visible to operators of vessels
[CGD3 8542, 50 FR 26712, June 28, 1985]
downstream.
117.736 Oceanport Creek. (b) Trains and locomotives shall be
controlled so that any delay in opening
The drawspan for the New Jersey the draw span shall not exceed five
Transit Rail Operations Drawbridge, minutes. However, if a train moving to-
mile 8.4 near Oceanport, must open on ward the bridge has crossed the home
signal from May 15 through September signal for the bridge before the signal
15 between 5 a.m. and 9 p.m.; except requesting opening of the bridge is
that, the drawspan need not open 6 given, the train may continue across
a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 the bridge and must clear the bridge
p.m on weekdays, excluding all federal interlocks before stopping.
holidays except for Martin Luther King
Day. The drawspan must open on signal [CGD3 8542, 50 FR 26713, June 28, 1985, as
upon four hours notice from May 15 amended by USCG200110881, 71 FR 70311,
Dec. 4, 2006]
through September 15 between 9 p.m.
and 5 a.m., and from September 16 117.739 Passaic River.
through May 14; except that, the
drawspan need not be opened from 6 (a) The following requirements apply
a.m. to 7:45 a.m. and 5:30 p.m. to 7:30 to all bridges in this section across the
p.m. on weekdays, excluding all federal Passaic River:
(1) The owners of these bridges shall
holidays except for Martin Luther King
provide, and keep in good legible condi-
Day. Public vessels of the United
tion, clearance gauges with figures not
States must be passed as soon as pos-
less than twelve (12) inches high de-
sible at anytime.
signed, installed and maintained ac-
[USCG200110881, 71 FR 70311, Dec. 4, 2006] cording to the provisions of 118.160 of
this chapter.
117.737 Oldmans Creek. (2) New Jersey Transit Rail Oper-
The draws of the US30 bridge, mile ations (NJTRO) roving crews shall
3.1 at Nortonville, the Conrail railroad consist of an adequate number of oper-
bridge, mile 4.0 at Jumbo, and the ators to ensure NJTRO bridges are op-
Salem County bridge, mile 5.1 at erated according to the requirements
Pedricktown, need not be opened for of this section.
610
(b) The draw of the Routes 1 & 9 (Lin- (i) The draw of the Clay Street
coln Highway) Bridge, mile 1.8, at New- Bridge, mile 6.0, shall open on signal if
ark, shall open on signal if at least four at least four hours notice is given by
hours notice is given. calling the number posted at the
(c) The draw of CONRAILs Point-No- bridge.
Point Railroad Bridge, mile 2.6, at (j) The draw of the NJTRO (West Ar-
Newark, shall open on signal if at least lington) Bridge, mile 8.0, at Kearney,
four hours notice is given to the CON- shall open on signal from 7 a.m. to 11
RAIL Movement Desk. After the signal p.m. if at least eight hours notice is
to open is given, the opening may be given. After the signal to open is given,
delayed no more than ten minutes. the opening may be delayed no more
(d) The draw of the Jackson Street than ten minutes. From 11 p.m. to 7
Bridge, mile 4.6, shall open on signal if a.m., the draw need not be opened.
at least four hours notice is given by (k) The draw of the Route 7 (Rutgers
calling the number posted at the Street) Bridge, mile 8.9, at Belleville,
bridge. shall open on signal if at least four
(e) The draw of the Amtrak Dock hours notice is given.
Bridge, mile 5.0, at Harrison, shall open (l) The draw of the Avondale Bridge,
on signal after at least a twenty-four mile 10.7, at Lyndhurst, shall open on
hour advance notice is given by calling signal if at least four hours notice is
the number posted at the bridge; ex- given.
cept that, from 7:20 a.m. to 9:20 a.m. (m) The draw of the NJTRO Bridge,
and from 4:30 p.m. to 6:50 p.m., Monday mile 11.7, shall open on signal after at
through Friday, except Federal holi- least a 24 hour notice is given by call-
days, the draw need not be opened for ing the number posted at the bridge.
the passage of vessel traffic. At all (n) The draw of the Route 3 Bridge,
other times, a bridge opening may be mile 11.8, need not be opened for the
delayed no more than ten minutes for passage of vessel traffic.
the passage of rail traffic, unless the (o) The draw of the following bridges
draw tender and the vessel operator need not be opened for the passage of
agree to a longer delay. vessels:
(f) The draw of the Bridge Street (1) Gregory Avenue Bridge, mile 14.0,
Bridge, mile 5.6, shall open on signal if at Wallington.
at least four hours notice is given by (2) West Eighth Street Bridge, mile
calling the number posted at the 15.3, at Garfield.
bridge. (p)(t) [Reserved]
(g) The draw of the NJTRO Newark-
[CGD0195171, 62 FR 6485, Feb. 12, 1997, as
Harrison (Morristown Line) Bridge,
amended by CGD0197020, 63 FR 34124, June
mile 5.8, at Harrison, New Jersey shall 23, 1998; CGD0197134, 64 FR 4788, Feb. 1, 1999;
open on signal if at least one hour ad- CGD0199076, 64 FR 62114, Nov. 16, 1999;
vance notice is given to the drawtender USCG200110881, 71 FR 70311, Dec. 4, 2006;
at Upper Hack Bridge mile 6.9, across USCG20100234, 75 FR 51942, Aug. 24, 2010;
the Hackensack River at Secaucus, USCG20110268, 76 FR 65376, Oct. 21, 2011]
N.J. In the event the HX drawtender is
at the Lower Hack Bridge, mile 3.4 on 117.741 Raccoon Creek.
the Hackensack River, at Jersey City (a) The draw of the Route 130 high-
then up to an additional half hour way bridge, mile 1.8 at Bridgeport,
delay in opening is permitted. After shall open on signal:
the signal to open is given, the opening (1) March 1 through November 30,
may be delayed no more than ten min- from 7 a.m. to 11 p.m.
utes. From 7:15 a.m. to 9 a.m. and from (2) At all other times, if at least four
4:30 p.m. to 6:50 p.m., Monday through hours notice is given.
Friday except federal holidays, the (b) The draw of the CONRAIL Rail-
draw need not open. road Bridge, mile 2.0 at Bridgeport,
(h) The Route 280 Bridge, mile 5.8, at shall operate as follows:
Harrison, New Jersey, shall open on (1) From March 1 through November
signal if at least 24 hours notice is 30, the draw shall be left in the open
given by calling the number posted at position at all times and will only be
the bridge. closed for the passage of trains and to
611
117.743 33 CFR Ch. I (7112 Edition)
perform periodic maintenance author- 117.743 Rahway River.

ized in accordance with subpart A of The draw of the Conrail Bridge, mile
this part. 2.0, across the Rahway River, at Lin-
(i) Trains shall be controlled so that den, New Jersey, shall operate as fol-
any delay in opening of the draw shall lows:
not exceed ten minutes except as pro- (a) The draw shall remain in the full
vided in 117.31(b). open position at all times, and shall
(ii) Before the bridge closes for any only be closed for the passage of rail
reason, a train crewmember will ob- traffic or the performance of mainte-
serve the waterway for approaching nance authorized in accordance with
craft, which will be allowed to pass. A subpart A of this part.
train crewmember will then operate (b) The draw shall be remotely oper-
the bridge by radiophone. The bridge ated by a bridge/train dispatcher lo-
shall only be closed if a train crew- cated at the Conrail Dispatch Office at
members visual inspection shows that Mount Laurel, New Jersey.
the channel is clear and there are no (c) A marine traffic light system
vessels transiting in the area. shall be maintained at the bridge and
(iii) While the CONRAIL Railroad display flashing green lights to indi-
Bridge is moving from the full open to cate that vessels may pass through the
the full closed position, a train crew- bridge, and flashing red lights anytime
the bridge is not in the full open posi-
member will maintain constant sur-
tion.
veillance of the navigational channel
(d) An infrared sensor system shall be
to ensure no conflict with maritime
maintained at the bridge to determine
traffic exists. In the event of failure or that no conflict with vessel traffic ex-
obstruction, the train crewmember will ists while the bridge is closing.
stop the bridge and return the bridge (e) Before the bridge may be closed
to the open position. from the remote location, an on-site
(iv) The CONRAIL Railroad channel train crewmember shall observe the
traffic lights will change from flashing waterway for any vessel traffic. All ap-
green to flashing red anytime the proaching vessels shall be allowed to
bridge is not in the full open position. pass before the bridge may close. The
(v) During closing of the span, the on-scene train crewmember shall then
channel traffic lights will change from communicate with the bridge/train dis-
flashing green to flashing red, the horn patcher at the Conrail Dispatch Office,
will sound four times, followed by a at Mount Laurel, either by radio or
pause, then the four blasts will be re- telephone, to request that the bridge be
peated and the bridge will close. When closed.
the rail traffic has cleared the swing (f) While the bridge is moving from
span, the horn will automatically the full open to full closed position, the
sound five times to signal the draw of bridge/train dispatcher shall maintain
the CONRAIL Railroad Bridge is about constant surveillance of the naviga-
to return to its full open position. tional channel at the bridge using the
(vi) During open span movement, the infrared sensor system.
channel traffic lights will be flashing (g) If the infrared sensors detect a
red, the horn will sound four times, fol- vessel or other obstruction approach-
lowed by a pause, then four blasts will ing or under the bridge before the draw
be repeated until the bridge is in the is fully lowered and locked, the closing
full open position. In the full open posi- sequence shall be stopped, automati-
tion, the channel traffic lights will cally, and the draw shall be raised to
then turn from flashing red to flashing its full open position until the channel
green. is clear.
(2) At all other times, the draw may (h) During the downward bridge clos-
be left in the closed position and ing movement, the marine traffic light
system located at the bridge will
opened on signal if at least four hours
change from flashing green to flashing
notice is given by telephone at (856)
red, the public address system shall an-
2312393.
nounce that the bridge shall be closing,
[CGD0502065, 68 FR 27461, May 20, 2003] and the horn shall sound two times,
612
pause 10 seconds, then repeat two horn the draw span shall not exceed ten
blasts until the bridge is seated and minutes. However, if a train moving to-
fully locked down. ward the bridge has crossed the home
(i) When all rail traffic has cleared signal for the bridge before the signal
the bridge, the bridge/train dispatcher requesting opening of the bridge is
shall sound the horn five-times to sig- given, that train may continue across
nal that the draw is about to open. the bridge and must clear the bridge
(j) In the event of a failure, or ob- interlocks before stopping or reversing.
struction to the infrared sensor sys-
(b) The drawspans for the Riverside-
tem, the bridge shall immediately be
returned to the full open position until Delanco/SR#543 Drawbridge, mile 1.3 at
the problem is corrected. Riverside and the SR#38 Drawbridge,
(k) In the event of a loss of commu- mile 7.8 at Centerton, must operate as
nication between the on-site personnel follows:
and the bridge/train dispatcher, the (1) From April 1 through October 31
bridge shall immediately be returned open on signal from 7 a.m. to 11 p.m.
to the full open position until the prob- (2) From November 1 through March
lem is corrected. 31 from 7 a.m. to 11 p.m., open on signal
(l) Should the draw become inoper- if at least 24 hours notice is given, ex-
able from the remote site while the cept as provided in paragraph (a)(1) of
bridge is in the closed position, a this section.
bridge tender, maintenance personnel, (3) Year round from 11 p.m. to 7 a.m.
or engineer shall be deployed to be on need not open for the passage of ves-
scene within one hour from the time
sels, except as provided in paragraph
the draw becomes inoperable until the
(a)(1) of this section.
bridge can be returned to the full open
position. [CGD5 91054, 58 FR 40591, July 29, 1993, as
(m) Trains shall be controlled so that amended by USCG200110881, 71 FR 70311,
any delay in opening of the draw shall Dec. 4, 2006; USCG20120306, 77 FR 37314,
not exceed ten minutes after a train June 21, 2012]
has crossed the bridge; except, as pro-
vided in 33 CFR 117.31(b). However, if a 117.747 Raritan River.
train moving toward the bridge has (a) The draw of New Jersey Transit
crossed the home signal for the bridge, Rail Operations Railroad Bridge at
the train may continue across the mile 0.5 shall open on signal; except
bridge and must clear the bridge inter- that, from 6 a.m. to 9:30 a.m. and 4:30
locks before stopping. p.m. to 7:30 p.m., Monday through Fri-
[CGD0103096, 69 FR 8814, Feb. 26, 2004] day, except holidays, the bridge need
not open.
117.745 Rancocas Creek. (b) The bridge owner shall provide
(a) The following requirements apply and keep in good legible condition two
to all bridges across the Rancocas clearance gauges with figures not less
River (Creek): than 12 inches high designed, installed
(1) Public vessels of the United and maintained according to the provi-
States must be passed through the sions of 118.160 of this chapter.
drawspan of each drawbridge as soon as
(c) Trains and locomotives shall be
possible without delay at anytime. The
opening signal from these vessels is
the draw span shall not exceed ten
four or more short blasts of a whistle
or horn, or a radio request. minutes. However, if a train moving to-
(2) The owners of these bridges shall ward the bridge has crossed the home
provide and keep in good legible condi- signal for the bridge before the signal
tion clearance gauges for each draw requesting opening of the bridge is
with figures not less than 12 inches given, the train may continue across
high designed, installed and main- the bridge and must clear the bridge
tained according to the provisions of interlocks before the bridge may be
118.160 of this chapter. opened.
(3) Trains and locomotives shall be
[USCG20090202, 74 FR 49325, Sept. 28, 2009]
613
117.749 33 CFR Ch. I (7112 Edition)
117.749 Salem River. (b) From Memorial Day through

Labor Day from 8 a.m. to 8 p.m., on the
hour and half hour.
at Salem, shall open on signal if at
(c) At all other times, on signal, for
any vessel.
117.750 Schellenger Creek. [CGD0597002, 62 FR 45160, Aug. 26, 1997]
The draw of the Cape May County
117.755 Shrewsbury River.
bridge, mile 0.3 at Cape May, need not
be opened for the passage of vessels. The draw of the Monmouth County
highway bridge at mile 4.0, across the
[CGD 82025, 49 FR 43462, Oct. 29, 1984] Shrewsbury River at Sea Bright, New
Jersey, shall operate as follows:
117.751 Shark River (South Channel). (a) The draw shall open on signal at
The draws of S71 bridge, mile 0.8, the all times; except that, from May 15
railroad bridge, mile 0.9, and the S35 through September 30, on Saturday,
bridge, mile 0.9, all at Avon, operate as Sunday, and holidays, between 9 a.m.
follows: and 7 p.m., the draw need open only on
(a) The bridges operate as one unit. the hour and half hour.
The owners shall provide signal sys- (b) The draw need not be opened at
tems so connected that the operator of any time for a sail boat unless it is op-
any of the bridges may simultaneously erating under auxiliary power or is
notify the operators of the other two. being towed by a powered vessel.
The operator of the first bridge to be (c) The owners of the bridge shall
passed shall be responsible for observ- keep in good legible condition two
ing the approach of vessels, for receiv- clearance gages with figures not less
ing and acknowledging signals, and for than eight inches high, designed, in-
coordinating the opening of the other stalled, and maintained according to
draws. the provisions of 118.160 of this chap-
(b) The draws shall open on signal; ter.
except that, from May 15 through Sep- [USCG20100461, 75 FR 38714, July 6, 2010]
tember 30 from 4 p.m. to 7 p.m. Monday
through Friday except Federal holi- 117.756 South River.
days and from 9 a.m. to 9 p.m. Satur- The draw of the Conrail bridge, mile
days, Sundays, and holidays, the draw 2.8 at South River shall open on week-
need be opened only on the hour and days (exclusive of holidays) from De-
half hour if a vessel is waiting to pass. cember 1 through the last day of Feb-
(c) The owners of the bridges shall ruary if at least four hours notice is
provide and keep in good legible condi- given. From March 1 through Novem-
tion two board gages painted white ber 30, and December 1 through the last
with black figures not less than eight day of February on weekends and holi-
inches high to indicate the vertical days the draw shall be maintained open
clearance under the closed draw at all to navigation except for closure to ac-
stages of the tide. The gages shall be so commodate passage of a train. The
placed on the bridges that they are draw shall be opened as soon as pos-
plainly visible to operators of vessels sible at all times for passage of a pub-
approaching the bridges either up or lic vessel of the United States.
downstream.
[CGD3 83067, 49 FR 33014, Aug. 20, 1984]
[CGD 82025, 49 FR 17452, Apr. 24, 1984]
117.757 Townsend Inlet.
117.753 Ship Channel, Great Egg The draw of Townsend Inlet Bridge,
Harbor Bay.
mile 0.3 in Avalon, shall open on signal
The draw of the S52 (Ship Channel) except:
bridge, mile 0.5 between Somers Point (a) From 9:15 a.m. to 2:30 p.m. on the
and Ocean City, shall open: fourth Sunday in March of every year,
(a) From 11 p.m. to 7 a.m., on signal, the draw need not open for vessels. If
if at least 24 hours advance notice is the fourth Sunday falls on a religious
given. holiday, the draw need not open from
614
9:15 a.m. to 2:30 p.m. on the third Sun- 117.771 Bronx River.
day of March of every year. (a) The draw of the Bruckner Boule-
(b) From 11 p.m. on December 24 vard Bridge, mile 1.1, at the Bronx,
until 11 p.m. on December 25, the draw New York, shall open on signal if at
need open only if at least two hours no- least a two-hour advance notice is
tice is given. given to the New York City Depart-
[USCG20070026, 73 FR 5749, Jan. 31, 2008] ment of Transportation (NYCDOT)
Radio Hotline, or the NYCDOT Bridge
117.758 Tuckahoe River. Operations Office. From 7 a.m. to 9
a.m. and 4 p.m. to 6 p.m., Monday
The draw of the State highway through Friday, the bridge need not be
bridge, mile 8.0 at Tuckahoe, shall open opened for the passage of vessels.
on signal if at least 24 hours notice is (b) The draw of the Conrail Bridge,
given. mile 1.6 at the Bronx, New York, need
[CGD82025, 49 FR 17452, Apr. 24, 1984. Redes- not be opened for the passage of ves-
ignated by CGD0506045, 71 FR 59383, Oct. 10, sels.
2006] (c) The owners of the Bruckner Bou-
levard Bridge, mile 1.1, and the Conrail
117.759 Wading River. Bridge, mile 1.6, both at the Bronx,
The draw of the Burlington County New York, shall provide and keep in
highway bridge, mile 5.0 at Wading good legible condition two clearance
gauges designed, installed and main-
River, shall open on signal if at least 24
tained in accordance with the provi-
hours notice is given.
sions of 118.160 of this chapter.
117.761 Woodbridge Creek. [CGD0197018, 62 FR 54385, Oct. 20, 1997, as
amended by CGD0199070, 65 FR 45718, July
The draws of the State Street bridge, 25, 2000]
mile 0.5, and the railroad bridge, mile
0.6, both at Sewaren, shall open on sig- 117.773 Buffalo River.
nal if at least four hours notice is (a) The draw of the Michigan Avenue
given. bridge, mile 1.3, at Buffalo, shall oper-
ate as follows:
NEW YORK
(1) From March 22 through December
117.769 Black Rock Canal. 15, the draw shall open within 20 min-
utes of signal. However, the draw need
The draws of the Ferry Street bridge, not open from 7:30 a.m. to 9 a.m., and
mile 2.6, and Canadian National Rail- from 4 p.m. to 5:45 p.m., Monday
way bridge, mile 3.8, both at Buffalo, through Saturday.
shall operate as follows: (2) From December 16 through March
(a) From April 15 through November 21, the draw shall open on signal if no-
30, the draws shall open on signal. How- tice is given at least 4 hours in advance
ever, between the hours of 12 midnight of a vessels time of intended passage
and 8 a.m., seven days a week, no through the draw.
bridgetender is required to be in at- (b) The draw of the Ohio Street
tendance at the bridges and the draws bridge, mile 2.1, at Buffalo, shall oper-
shall open on signal if notice is given ate as follows:
to the owners at least two hours in ad- (1) From March 22 through December
vance of a vessels intended time of 15, the draw shall open on signal within
passage through the draws. 20 minutes after a request is made to
(b) From December 1 through April the Michigan Avenue drawtender. How-
14, no bridgetender is required to be in ever, the draw need not open from 7:30
attendance at the bridges and the a.m. to 9 a.m., and from 4 p.m. to 5:45
draws shall open on signal if notice is p.m., Monday through Saturday.
given to the owners at least four hours (2) From December 16 through March
in advance of a vessels time of in- 21, the draw shall open on signal if no-
tice is given at least 4 hours in advance
tended passage through the draws.
of a vessels time of intended passage
[CGD0994008, 59 FR 50167, Oct. 3, 1994] through the draw.
615
117.779 33 CFR Ch. I (7112 Edition)
(3) In addition to the standard signals tion clearance gauges for each draw
required for requesting the bridge to with figures not less than 12 inches
open, the owners of this bridge shall high designed, installed and main-
maintain and monitor a marine radio- tained according to the provisions of
telephone for use by the Michigan Ave- 118.160 of this chapter.
nue drawtender for receiving requests (c) The draw of the Roosevelt Island
for opening the Ohio Street bridge. The bridge shall open on signal if at least
drawtender shall maintain communica- two hour advance notice is given to the
tions with any transiting vessel until drawtender at the Grand Street/Avenue
the vessel has cleared both the Ohio bridge, mile 3.1 across Newtown Creek
Street and Michigan Avenue draws. (East Branch), the New York Depart-
(c) The draws of the CSX Transpor- ment of Transportation (NYCDOT)
tation railroad bridges, miles 4.02 and Radio Hotline or NYCDOT Bridge Oper-
4.39, both at Buffalo, shall open on sig- ations Office. In the event the
nal if notice is given at least 4 hours in drawtender is at Borden Avenue or
advance of a vessels time of intended Hunters Point Avenue bridges mile 1.2
passage through the draws. and 1.4, respectively, across Dutch
(d) The South Park Avenue bridge, Kills, up to an additional half hour
mile 5.3, at Buffalo, shall open on sig- delay may be required.
nal if notice is given at least 4 hours in
[CGD190040, 55 FR 37710, Sept. 13, 1990, as
advance of a vessels time of intended amended by USCG20090348, 74 FR 52888, Oct.
passage through the draw. However, 15, 2009]
the draw need not open from 7 a.m. to
8:30 a.m., and from 4:30 p.m. to 6 p.m., 117.785 Genessee River.
Monday through Saturday. (a) The following applies to all
(e) The periods when the bridges need bridges listed in this section:
not open on signal prescribed in para- (1) At all times, public vessels of the
graphs (a)(1), (b)(1), and (d) in this sec- United States, vessels in distress, and
tion shall not be effective on Sundays, vessels seeking shelter from rough
and on New Years Day, Memorial Day, weather shall be passed through the
Fourth of July, Labor Day, Thanks- bridges as soon as possible.
giving Day, Christmas Day, or days ob- (2) Clearance gages of a type ap-
served in lieu of any of these under proved by the Commander, Ninth Coast
State law. Guard District, shall be installed on
[CGD0995022, 61 FR 10467, Mar. 14, 1996, as the upstream and downstream sides of
amended by USCG19995832, 64 FR 34712, each drawbridge by and at the expense
June 29, 1999] of the owner of or agency controlling
the bridge and the gages shall be kept
117.779 Eastchester Bay (Arm of). in good repair and legible condition.
The draw of the highway bridge, mile (b) The draw of the CSX Transpor-
2.2 between Rodman Neck and City Is- tation bridge, mile 0.9 at Rochester,
land, need not be opened for the pas- shall open on signal; except that, from
sage of vessels. December 15 through March 31, the
117.781 East River. hours notice is given.
The following requirements apply to (c) The draw of the Colonel Patrick
the Roosevelt Island bridge, mile 6.4 at Henry ORorke Memorial Bridge, mile
New York City, as follows: 1.2 at Rochester, shall open on signal
(a) Public vessels of the United from April 1 through December 15;
States Government, state or local ves- however, from 7 a.m. to 9 a.m. and from
sels used for public safety, and vessels 4 p.m. to 6 p.m. Monday through Friday
in distress shall be passed through the except Federal holidays, the draw need
draws of each bridge as soon as possible be opened only for the passage of com-
without delay at anytime. The opening mercial vessels. From 9 a.m. to 4 p.m.
signal from these vessels shall be four and 6 p.m. to 11 p.m. Monday through
or more short blasts of a whistle, horn Friday except Federal holidays, and
or radio request. from 7 a.m. to 11 p.m. on Saturdays,
(b) The owners of each bridge shall Sundays, and Federal holidays, the
provide and keep in good legible condi- draw need be opened only on the hour
616
and half hour, except that commercial 10 a.m. and 4 p.m. to 7 p.m., Monday
vessels shall be passed at any time. through Friday, except federal holi-
From December 16 through March 31, days.
the draw shall open on signal if at least (2) The draws of the Willis Avenue
12 hours notice is given. Bridge, mile 1.5, Third Avenue Bridge,
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
mile 1.9, and the Madison Avenue
amended by USCG19995832, 64 FR 34712, Bridge, mile 2.3, need not open for the
June 29, 1999; USCG20080179, 73 FR 35013, passage of vessel traffic at various
June 19, 2008] times between 8 a.m. and 5 p.m. on the
first Sunday in May and November.
117.787 Gowanus Canal. The exact time and date of each bridge
The draws of the Ninth Street closure will be published in the Local
Bridge, mile 1.4, the Third Street Notice to Mariners several weeks prior
Bridge, mile 1.8, the Carroll Street to each closure.
Bridge, mile 2.0, and the Union Street (c) The draw of the Metro North
Bridge, mile 2.1, at Brooklyn, shall (Park Avenue) Bridge, mile 2.1, shall
open on signal, if at least a two-hour open on signal, except, as provided in
advance notice is given to the New paragraph (a) of this section, if at least
York City Department of Transpor- a four-hour advance notice is given.
tation (NYCDOT), Radio Hotline, or The draw need not open for the passage
the NYCDOT Bridge Operations Office. of vessel traffic from 5 a.m. to 10 a.m.
and 4 p.m. to 8 p.m., Monday through
[CGD0199067, 65 FR 46870, Aug. 1, 2000] Friday, except Federal holidays.
(d) The draw of the Spuyten Duyvil
117.789 Harlem River.
railroad bridge, mile 7.9, shall open on
(a) The draws of all railroad bridges signal at all times, except as provided
across the Harlem River may remain in in paragraph (a) of this section.
the closed position from the time a
[USCG20080456, 75 FR 230, Jan. 5, 2010]
train scheduled to cross the bridge is
within five minutes from the bridge, 117.791 Hudson River.
and until that train has fully crossed
the bridge. The maximum time per- (a) The draws of the bridges listed in
mitted for delay shall not exceed ten this section shall open as soon as pos-
(10) minutes. Land and water traffic sible at any time for the passage of the
should pass over or through the draw following vessels:
as soon as possible to prevent unneces- (1) Downbound vessels during a fresh-
sary delays in the opening and closure et of a height exceeding an elevation
of the draw. determined by the District Com-
(b)(1) The draws of the bridges at 103 mander.
Street, mile 0.0, 125 Street (2) Public vessels of the United
(Triborough), mile 1.3, Willis Avenue, States.
mile 1.5, Third Avenue, mile 1.9, Madi- (3) Vessels of 500 tons or more.
son Avenue, mile 2.3, 145 Street, mile (4) Tugs with a tow on a hawser.
2.8, Macombs Dam, mile 3.2, 207 Street, (b) The draws of the bridges listed in
mile 6.0, and the Broadway Bridge, this section shall not remain open for
mile 6.8, shall open on signal if at least more than 15 minutes and may remain
a four-hour advance notice is given to closed for up to 10 minutes to allow ac-
the New York City Highway Radio cumulated land traffic to pass.
(Hotline) Room and the Triborough (c) The draw of the CSX Transpor-
Bridge and Tunnel Authority (TBTA) tation bridge, mile 146.2 between Al-
for the 125 Street (Triborough), mile bany and Rensselaer, shall open on sig-
1.3. The draws of the above bridges, ex- nal; except that, from December 16
cept the Broadway Bridge, need not through March 31, the draw shall open
open for the passage of vessel traffic on signal if at least 24 hours notice is
from 6 a.m. to 9 a.m. and 5 p.m. to 7 given.
p.m., Monday through Friday, except (d) The draw of the state highway
federal holidays. The draw of the bridge, mile 150.2 between Troy and
Broadway Bridge need not open for the Menands, need not be opened for the
passage of vessel traffic from 7 a.m. to passage of vessels.
617
117.793 33 CFR Ch. I (7112 Edition)
(e) The draw of the highway bridge, (3) Except as provided in paragraphs
mile 152.7 between Troy and Green Is- (b) and (c) of this section each draw
land, operates as follows: shall open on signal.
(1) From April 1 through December (b) The draw of the Hutchinson River
15, the draw shall open on signal from Parkway Bridge, mile 0.9, at the Bronx,
9 a.m. to 4 p.m.; except that, the draw New York shall open on signal if at
need not be opened from 6 p.m. to 7 least a two-hour notice is given to the
a.m., unless notice is given before 4:30 New York City Department of Trans-
p.m. of the time the vessel is expected portation (NYCDOT) Radio Hotline, or
to pass, and need not open from 7 a.m. the NYCDOT Bridge Operations Office.
to 9 a.m. and 4 p.m. to 6 p.m. (c) The draw of the South Fulton Av-
(2) From December 16 through March enue Bridge, mile 2.9, shall open on sig-
31, the draw need not be opened. nal from three hours before to three
(f) The draws of the 112th Street hours after the predicted high tide. For
bridge, mile 155.4 between Troy and Co- the purposes of this section, predicted
hoes operate as follows: high tide occurs four hours after pre-
(1) The draws shall open on signal dicted high water for New York (Bat-
from 9 a.m. to 4 p.m. tery), as given in the tide tables pub-
lished by private entities using data
(2) The draws shall open on signal
provided by the National Ocean Serv-
from 6 p.m. to 7 a.m., if notice is given,
ice.
before 4:30 p.m., of the time the vessel
(1) At all other times, the bridge
is expected to pass.
shall open on signal if at least four
(3) The draws need not be opened
hours advance notice is given to the
from 7 a.m. to 9 a.m. and 4 p.m. to 6
Westchester County Road Maintenance
p.m.
Division during normal work hours or
(4) During the period that the Fed- to the Countys Parkway Police at all
eral Lock at Troy is inoperative, the other times.
drawspans need not be opened for the (2) The bridge tender shall honor re-
passage of vessels. quests for opening within six hours
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as after predicated high water if such re-
amended at 49 FR 43462, Oct. 29, 1984, CGD3 quest is given to the bridge tender
8542, 50 FR 26713, June 28, 1985; USCG1999 while he or she is on station (three
5832, 64 FR 34712, June 29, 1999; USCG2001 hours before to three hours after pre-
10881, 71 FR 70312, Dec. 4, 2006] dicted high tide).
117.793 Hutchinson River [CGD0193009, 58 FR 42859, Aug. 12, 1993, as
(Eastchester Creek). amended by CGD0197125, 63 FR 18321, Apr.
15, 1998; CGD0199070, 65 FR 45718, July 25,
(a) The following requirements apply 2000; USCG20019286, 66 FR 33641, June 25,
to all bridges across Hutchinson River 2001; CGD0104033, 69 FR 35246, June 24, 2001]
(Eastchester Creek):
(1) The owners of each bridge shall 117.795 Jamaica Bay and Connecting
provide and keep in good legible condi- Waterways.
tion clearance gauges for each draw (a) The draw of the Marine Parkway
with figures not less than 12 inches bridge, mile 3.0 over Rockaway Inlet,
high designed, installed and main- shall open on signal Monday through
tained according to the provision of Friday from 8 a.m. to 4 p.m. At all
118.160 of this chapter. other times, the draw shall open on sig-
(2) Trains and locomotives shall be nal if at least eight hours notice is
controlled so that any delay in opening given; however, the draw shall open on
the draw shall not exceed ten minutes signal if at least a one hour notice is
except as provided in 117.31(b). How- given for the passage of U.S. Navy or
ever, if a train moving toward the National Oceanic and Atmospheric Ad-
bridge has crossed the home signal for ministration vessels.
the bridge before the signal requesting (b) The draws of the New York City
opening of the bridge is given, the train highway bridge, mile 0.8 across Mill
may continue across the bridge and Basin on Belt Parkway, need not be
must clear the bridge interlocks before opened for the passage of vessels from
stopping. noon to 9 p.m. on Sundays from May 15
618
to September 30, and on Memorial Day, (ii) Saturdays, Sundays, Independ-

Independence Day, and Labor Day. ence Day and Labor Day from 7 a.m. to
However, on these days, from two 11 p.m.;
hours before to one hour after pre- (iii) At all other times, if at least two
dicted high tide, the draw shall open on hours notice is given.
signal. For the purpose of this section, (2) From September 16 through June
predicted high tide occurs 15 minutes 14 if at least 24 hours notice is given.
later than that predicted for Sandy (d) The draw of the SR78 bridge, mile
Hook, as given in the tide tables pub- 105.9 across the entrance to Missisquoi
lished by private entities using data Bay between Alburg Tongue and Hog
provided by the National Ocean Serv- Island at East Alburg, shall open on
ice. At all times, public vessels of the signal if at least 24 hours notice is
United States and state or local vessels given.
used for public safety shall be passed as [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
soon as possible. amended by CGD3 83059, 49 FR 49452, Dec. 20,
(c) The draw of the Beach Channel 1984; CGD0198032, 64 FR 28103, May 25, 1999;
railroad bridge shall open on signal; ex- USCG200110881, 71 FR 70312, Dec. 4, 2006]
cept that, the draw need not open for
the passage of vessel traffic, 6:45 a.m. 117.799 Long Island, New York In-
to 8:20 a.m. and 5 p.m. to 6:45 p.m., land Waterway from East Rockaway
Monday through Friday, except Fed- Inlet to Shinnecock Canal.
eral holidays. (a) At all times, public vessels of the
United States must be passed through
[CGD3 8542, 50 FR 26713, June 28, 1985, as the drawspan of each drawbridge listed
June 25, 2001; CGD0106033, 71 FR 61897, Oct.
in this section as soon as possible.
20, 2006; USCG200110881, 71 FR 70312, Dec. 4, (b) The draw of each bridge listed in
2006; 72 FR 50876, Sept. 5, 2007] this section need not be opened for sail-
ing vessels, unless the vessels are under
117.797 Lake Champlain. machinery power or under tow, if an
opening would unduly delay other ves-
(a) The drawspan for each drawbridge
sel or vehicular traffic.
listed in this section must open as soon
(c) The owners of the bridges listed in
as possible for public vessels of the
this section shall provide and keep in
United States.
good legible condition two board gages
(b) The draw of the US2 Bridge, mile
painted white with black figures not
91.8, over Lake Champlain, between
less than eight inches high to indicate
South Hero Island and North Hero Is-
the vertical clearance under the closed
land, shall operate as follows:
draw at all stages of the tide. The
(1) The draw shall open on signal on gages shall be so placed on the bridges
the hour and the half hour from May that they are plainly visible to opera-
15th through October 15th from 8 a.m. tors of vessels approaching the bridges
to 8 p.m. daily. either up or downstream.
(2) The draw shall open on signal (d) The draws of the West Bay bridge,
from May 15th through October 15th mile 0.1 across Quantuck Canal, Beach
from 8 p.m. to 8 a.m. if at least four Lane bridge, mile 1.1 across Quantuck
hours notice is given by calling the Canal, Quoque bridge, mile 1.1 across
number posted at the bridge. Quoque Canal and the Smith Point
(3) The draw shall open on signal bridge, mile 6.1 across Narrow Bay
from October 16th through May 14th if shall open on signal from October 1
at least four hours notice is given by through April 30 from 8 a.m. to 4 p.m.
calling the number posted at the and from May 1 through September 30
bridge. from 6 a.m. to 10 p.m. At all other
(c) The draw of the Central Vermont times during these periods, the draws
Railway bridge across Missisquoi Bay, shall open as soon as possible but no
mile 105.6 shall open on signal: more than one hour after a request to
(1) From June 15 through September open is received.
15: (e) The draw of the Atlantic Beach
(i) Monday through Friday from 9 Bridge across Reynolds Channel, mile
a.m. to 5 p.m.; 0.4, shall open on signal
619
117.799 33 CFR Ch. I (7112 Edition)
(1) From October 1 through May 14; (3) From 9 p.m. to midnight, on the
(2) From May 15 through September Fourth of July, the Meadowbrook
30, except that it need be opened only State Parkway Bridge need not open
on the hour and half-hour from 4 p.m. for the passage of vessel traffic.
to 7 p.m. on weekdays and from 11 a.m. (i) The draws of the Wantagh State
to 9 p.m. on Saturdays, Sundays, Me- Parkway bridge, mile 16.1 across Goose
morial Day, Independence Day, and Creek, and the Captree State Parkway
Labor Day; and bridge, mile 30.7 across State Boat
(3) From May 15 through September Channel at Captree Island, shall open
30, from two hours before to one hour on signal if at least one half hour no-
after predicted high tide. Predicted tice is given to the New York State De-
high tide occurs 10 minutes earlier partment of Transportation, as follows:
than that predicted for Sandy Hook, as (1) Every other hour on the even
given in the tide table published by the hour.
National Oceanic and Atmospheric Ad- (2) From April 1 through October 31
ministration. on Saturdays, Sundays, and Federal
(f) The draw of the Loop Parkway holidays, every three hours beginning
Bridge across Long Creek, mile 0.7, at 3 a.m. Notice may be given from the
shall open on signal every other hour telephone located at the moorings on
on the even hour; except that, from each bridge or by marine radio-
April 1 through October 31 on Satur- telephone.
days, Sundays, and Federal holidays, (j) The Atlantic Beach Bridge, mile
the draw shall open on signal every 0.4, across Reynolds Channel, from
three hours beginning at 3 a.m. If an April 22, 2002 through October 31, 2002,
opening is desired at other than a shall open on signal, except as follows:
scheduled time, notice may be given (1) Only one moveable bridge span
from the telephone located on either need be opened for the passage of vessel
side of the bridge or via marine radio- traffic between 7 a.m. to 5 p.m., daily,
telephone. except as provided in paragraph (j)(3) of
this section.
(g) The draw of the Long Beach
(2) From 4 p.m. to 7 p.m. on week-
Bridge across Reynolds Channel, mile
days, and from 11 a.m. to 9 p.m. on
4.7, shall open on signal; except that:
weekends and holidays, the draw shall
(1) From midnight to 8 a.m. year- open on signal only on the hour and
round, the draw shall open on signal if half-hour, except as provided in para-
at least four hours notice is given; and graph (j)(3) of this section.
(2) From 3 p.m. to 8 p.m. on Satur- (3) From one-hour before to one-hour
days, Sundays, and holidays from May after the predicted high tide, two
15 through September 30, the draw need moveable spans may be opened for the
be opened only on the hour and half passage of vessel traffic, provided at
hour. least a two-hour advance notice is
(3) From 10 p.m. to midnight on July given by calling the number posted at
3 each year the draw need not open for the bridge. For the purposes of this sec-
the passage of vessel traffic. tion, predicted high tide occurs 10 min-
(h) The draw of the Meadowbrook utes earlier than that predicted for
State Parkway Bridge, mile 12.8, across Sandy Hook, as given in the tide tables
Sloop Channel, shall open on signal if published by the National Oceanic and
at least a one-half hour notice is given Atmospheric Administration.
to the New York State Department of (k) The draw of the Atlantic Beach
Transportation, as follows: Bridge at mile 0.4, across Reynolds
(1) Every other hour on the even Channel shall open on signal as follows:
hour. (1) Except as provided in paragraph
(2) From April 1 through October 31, (k)(2) of this section, from April 23, 2012
on Saturdays, Sundays, and Federal through September 30, 2012, Monday
holidays, every three hours beginning through Friday, the draw may operate
at 1:30 a.m. Notice may be given from a single span on signal, every two
the telephone located at the moorings hours, on the even hour, between 6 a.m.
on each side of the bridge or by marine and 8 p.m. Monday through Friday
radio. from 8 p.m. through 6 a.m. the draw
620
may operate a single span on signal. On maintained according to the provisions

weekends and holidays from Friday at of 118.160 of this chapter.
8 p.m. through Monday at 6 a.m. the (2) Trains and locomotives shall be
bridge shall open both spans every hour controlled so that any delay in opening
on the hour. the draw shall not exceed five minutes.
(2) From July 23, 2012 through July If a train moving toward the bridge has
30, 2012, the bridge may remain in the crossed the home signal for the bridge
closed position between 12 a.m. and 5 before the request to open the bridge is
a.m., daily. given, that train may continue across
(3) From October 1, 2012 through May the bridge, but must clear the inter-
15, 2013, the draw may operate a single lock before stopping.
span on signal at 6 a.m., 12 p.m., 4 p.m., (b) The draws of the Long Island
and 8 p.m. and at any time between 8 Railroad bridges, at mile 1.1, across
p.m. and 6 a.m. The draw shall open Dutch Kills at Queens, shall open on
both spans at all times for commercial signal if at least six-hours advance no-
vessel traffic after at least a 48 hour tice is given to the Long Island Rail-
advance notice is given by calling the road Movement Bureau, except as pro-
number posted at the bridge. vided in paragraph (a)(2) of this sec-
tion.
[CGD3 82025, 49 FR 17452, Apr. 24, 1984, as (c) The draw of the Borden Avenue
amended by CGD3 8451, 50 FR 2546, Jan. 17,
Bridge, mile 1.2, across Dutch Kills at
1985; CGD0199080, 64 FR 46275, Aug. 25, 1999;
CGD0104025, 69 FR 34570, June 22, 2004; Queens, shall open on signal if at least
CGD0104047, 70 FR 15765, Mar. 29, 2005; a two-hour advance notice is given to
USCG200110881, 71 FR 70312, Dec. 4, 2006; the New York City Department of
USCG20120144, 77 FR 22495, Apr. 16, 2012] Transportation (NYCDOT) Radio Hot-
EFFECTIVE DATE NOTE: By USCG20120144,
line or NYCDOT Bridge Operations Of-
77 FR 22495, Apr. 16, 2012, 117.799 was amend- fice.
ed by suspending paragraph (e) and adding a (d) The draw of the Hunters Point
temporary paragraph (k), effective Apr. 23, Avenue Bridge, mile 1.4, across Dutch
2012 through May 15, 2013. Kills at Queens, shall open on signal if
at least a two-hour advance notice is
117.800 Mill Neck Creek. given to the New York City Depart-
The draw of the Bayville Bridge, mile ment of Transportation (NYCDOT)
0.1, at Oyster Bay, New York, shall Radio Hotline or the NYCDOT Bridge
open on signal between 7 a.m. and 11 Operations Office.
p.m., from May 1 through October 31, (e) The draw of the Metropolitan Av-
and between 7 a.m. and 5 p.m., Monday enue Bridge, mile 3.4, across English
through Friday, from November 1 Kills at New York City, shall open on
through April 30. At all other times the signal if at least a two-hour advance
draw shall open on signal provided at notice is given to the New York City
least a two-hour advance notice is Department of Transportation
given by calling the number posted at (NYCDOT) Radio Hotline or the
the bridge. NYCDOT Bridge Operations Office.
(f) The draw of the Grand Street/Ave-
[USCG20080010, 73 FR 29690, May 22, 2008] nue Bridge, mile 3.1, across Newtown
Creek (East Branch) between Brooklyn
117.801 Newtown Creek, Dutch Kills, and Queens, shall open on signal if at
English Kills and their tributaries.
least a two-hour advance notice is
(a) The following requirements apply given to the New York City Depart-
to all bridges across Newtown Creek, ment of Transportation (NYCDOT)
Dutch Kills, English Kills, and their Radio Hotline or the NYCDOT Bridge
tributaries: Operations Office.
(1) The owners of all bridges across (g)(1) The draw of the of the Pulaski
Newtown Creek, Dutch Kills, English Bridge, mile 0.6, and the Greenpoint
Kills and their tributaries listed under Avenue Bridge, mile 1.3, shall open on
this section, shall provide and keep in signal if at least a two hour advance
good legible condition two clearance notice is given to the New York City
gauges with figures not less than 12 Department of Transportation Radio
inches high designed, installed and (Hotline) Room.
621
117.802 33 CFR Ch. I (7112 Edition)
(2) The Pulaski Bridge, mile 0.6, need shall open on signal if at least 24 hours
not open for vessel traffic at various notice is given.
times between 8 a.m. and 5 p.m. on the
first Sunday in both May and Novem- 117.813 Wappinger Creek.
ber. The exact time and date of the The draw of the Metro-North Com-
bridge closure will be published in the muter railroad bridge, mile 0.0 at New
Local Notice to Mariners several weeks Hamburg, need not be opened for the
prior to the first Sunday of both May passage of vessels. However, the draw
and November. shall be returned to operable condition
[CGD0199069, 65 FR 46872, Aug. 1, 2000, as within six months after notification by
amended by CGD0104019, 69 FR 34573, June the District Commander to do so.
22, 2004]
117.815 Westchester Creek.
117.802 New Rochelle Harbor.
The draw of the Bruckner Boulevard/
(a) The draw of the Glen Island Unionport Bridge, mile 1.7, at the
Bridge, mile 0.8, at New Rochelle, New Bronx, New York, shall open on signal
York, shall open on signal, except as if at least a two-hour advance notice is
follows: given to the New York City Depart-
(1) two hours advance notice shall be ment of Transportation (NYCDOT)
given for openings from 12 midnight to radio hotline, or the NYCDOT Bridge
6 a.m. from May 1st through October Operations Office. The draw need not
31st by calling the number posted at be opened for vessel traffic from 7 a.m.
the bridge. to 9 a.m. and 4 p.m. to 6 p.m., Monday
(2) twenty-four hours advance notice through Friday. The owner of the
shall be given for openings from 8 p.m. bridge shall provide clearance gauges
to 8 a.m. from November 1st through according to the provisions of 118.160
April 30th by calling the number posted of this chapter.
at the bridge.
(b) The owner of the bridge shall pro- [CGD0199070, 65 FR 45718, July 25, 2000]
vide, and keep in good legible condi-
tion, clearance gauges with figures not NORTH CAROLINA
less than twelve (12) inches high de- 117.820 Atlantic Intracoastal Water-
signed, installed, and maintained ac- way (Alternate Route), Great Dis-
cording to the provisions of 118.160 of mal Swamp Canal.
this chapter.
The draw of the Great Dismal Swamp
[CGD195002, 63 FR 27680, May 20, 1998] Canal Bridge, mile 28.0 at South Mills,
NC, shall operate as follows:
117.803 Niagara River. (a) The draw shall remain in the open
The draw of the Canadian National position for navigation. The draw shall
Railway bridge, mile 33.0 at Buffalo, only be closed for pedestrian crossings
need not be opened for the passage of or periodic maintenance authorized in
vessels. accordance with Subpart A of this part.
(b) The bridge shall be operated by
117.805 Peekskill (Annsville) Creek. the Park Service Rangers at the Great
The draw of the Conrail bridge, mile Dismal Swamp Visitors Center. Oper-
0.0 at Peekskill, need not be opened for ational information will be provided 24
the passage of vessels. hours a day on marine channel 13.
(c) The bridge shall not be operated
117.809 Tonawanda Creek. when the operators visibility is im-
The draw of the Penn Central Cor- paired.
poration railroad bridge, mile 0.1 at (d) Before the bridge closes for any
Tonawanda, is permanently main- reason, the operator will monitor wa-
tained in the open position. terway traffic in the area. The bridge
shall only be closed if the operators
117.811 Tonawanda Harbor. visual inspection shows that the chan-
The draw of the Tonawanda Island nel is clear and there are no vessels
Railroad bridge, mile 0.2 between North transiting in the area. While the bridge
Tonawanda and Tonawanda Island, is moving, the operator shall maintain
622
constant surveillance of the navigation opening up to 10 minutes past the hour

channel. or half hour.
(e) Before closing the draw, the horn [CGD0597072, 63 FR 9419, Feb. 25, 1998, as
will sound five short blasts. Five short amended by CGD0598030, 63 FR 24427, May
blasts of the horn will continue until 4, 1998; USCG19995832, 64 FR 34712, June 29,
the bridge is seated and locked down to 1999; CGD0505102, 71 FR 5010, Jan. 31, 2006;
vessels. USCG200110881, 71 FR 70312, Dec. 4, 2006;
CGD0507026; 73 FR 5093, Jan. 29, 2008;
(f) When pedestrian traffic has USCG20101139, 76 FR 30831, May 27, 2011]
cleared, the horn will sound one pro-
longed blast followed by one short 117.822 Cape Fear River.
blast to indicate the draw is opening to The draw of the Cape Fear Memorial
vessel traffic. Bridge, mile 26.8, at Wilmington need
[CGD0506017, 71 FR 40420, July 17, 2006] not open for the passage of vessels from
8 a.m. to 10 a.m. on the second Satur-
117.821 Atlantic Intracoastal Water- day of July of every year, and from 7
way, Albermarle Sound to Sunset a.m. to 11 a.m. on the first or second
Beach. Sunday of November of every year to
accommodate annual marathon races.
(a) The drawbridges across the Atlan-
tic Intracoastal Waterway in North [USCG20101139, 76 FR 30832, May 27, 2011.
Carolina shall open on signal for com- Redesginated by USCG20120306, 77 FR 37315,
June 21, 2012]
mercial vessels at all times and on sig-
nal for pleasure vessels, except at the 117.823 Gallants Channel.
times and during the periods specified
The draw of the US 70 bridge, mile
in this paragraph:
0.1, at Beaufort, will open as follows:
(1) Onslow Beach Swing Bridge, mile (a) From 6 a.m. to 10 p.m., the draw
240.7, at Cap Lejeune, NC, between 7 need only open on the hour and on the
a.m. and 7 p.m., the draw need only half hour; except that Monday through
open on the hour and half hour. Friday the bridge need not open be-
(2) S.R. 50 Bridge, mile 260.7, at Surf tween the hours of 6:30 a.m. to 8 a.m.
City, NC, between 7 a.m. and 7 p.m., the and 4:30 p.m. to 6 p.m.
draw need only open on the hour. (b) From 10 p.m. to 6 a.m., the bridge
(3) Figure Eight Swing Bridge, mile will open on signal.
278.1, at Scotts Hill, NC, the draw need [USCG20120306, 77 FR 37315, June 21, 2012]
only open on the hour and half hour.
(4) S.R. 74 Bridge, mile 283.1, at 117.824 Neuse River.
Wrightsville Beach, NC, between 7 a.m. The draw of the Atlantic and East
and 7 p.m., the draw need only open on Carolina Railway Bridge, mile 80.0, at
the hour; except that from 7 a.m. to 11 Kinston shall open on signal if at least
a.m. on the third and fourth Saturday 24 hours notice is given.
in September of every year and be-
[USCG20110974, 76 FR 72311, Nov. 23, 2011]
tween 7 a.m. and 10:30 a.m. on the last
Saturday of October each year or the 117.825 Newport River.
first or second Saturday of November The draw of the Atlantic and East
of every year the draw need not open Carolina Railway bridge, mile 13.0 at
for vessels due to annual triathlon Newport, need not be opened for the
events. passage of vessels.
(5) S.R. 1172 Bridge, mile 337.9, at
Sunset Beach, NC, shall open on the 117.829 Northeast Cape Fear River.
hour on signal between 7 a.m. to 9 p.m. (a) The draw of the Isabel S. Holmes
(b) If a pleasure vessel is approaching Bridge, at mile 1.0, at Wilmington,
a drawbridge which is only required to North Carolina will operate as follows:
open on the hour or on the hour and (1) The draw will be closed to pleas-
half hour, and cannot reach the draw- ure craft from 6 a.m. to 6 p.m. every
bridge on the hour or on the half hour, day except at 10 a.m. and 2 p.m. when
the drawtender may delay the required the draw will open for all waiting ves-
sels.
623
117.831 33 CFR Ch. I (7112 Edition)
(2) The draw will open on signal for the bridge is seated and locked down.
Government and commercial vessels at When the bridge is seated and in the
all times. locked down position to vessels, the
(3) The draw will open for all vessels channel traffic lights will continue to
on signal from 6 p.m. to 6 a.m. flash red.
(4) From 8 a.m. to 10 a.m. on the sec- (c) The draw of the Seaboard System
ond Saturday of July of every year, Railroad Bridge across the Northeast
from 12 p.m. to 11:59 p.m. on the last Cape Fear River, mile 27.0, at Castle
Saturday of October or the first or sec- Hayne, North Carolina shall open on
ond Saturday of November of every signal if at least four hours notice is
year, and from 7 a.m. to 11 a.m. on the given.
first or second Sunday of November of
every year, the draw need not open for [CGD0502014, 67 FR 70554, Nov. 25, 2002, as
amended by CGD0504120, 69 FR 70061, Dec.
vessels to accommodate annual mara- 2, 2004; CGD0505102, 71 FR 5010, Jan. 31, 2006;
thon and triathlon races. USCG20101139, 76 FR 30832, May 27, 2011]
(b) The CSX Hilton Railroad Bridge,
mile 1.5 in Wilmington, NC shall oper- 117.831 Pamlico and Tar Rivers.
ate as follows:
(1) The draw of the bridge to be re- The draws of the US17264 bridge,
motely operated by the controller at mile 37.2 at Washington, and the Boyds
the Navassa Railroad Bridge mile 34.0 Ferry bridge, mile 44.8 at Grimesland,
across the Cape Fear River. shall open on signal if at least 24 hours
(2) The draw shall be left in the open notice is given. The bridge owners shall
position to vessels and will only be restore constant attendance when so
closed for the passage of trains and to directed by the District Commander.
perform periodic maintenance author-
117.833 Pasquotank River.
ized in accordance with Subpart A of
this part. (a) The draw of the Albemarle &
(3) Trains shall be controlled so that Chesapeake railroad bridge, mile 47.7,
any delay in opening of the draw shall at Elizabeth City, North Carolina, shall
not exceed ten minutes except as pro- be maintained in the open position; the
vided in 117.31(b). draw may close only for the crossing of
(4) The CSX Hilton Railroad Bridge trains and maintenance of the bridge.
shall not be operated by the controller When the draw is closed, a bridgetender
at the CSX Navassa Railroad in the shall be present to reopen the draw
event of failure or obstruction of the after the train has cleared the bridge.
motion sensors, laser scanners, video (b) The draw of the US 158 Highway
cameras or marine-radio communica- Bridge, mile 50.7, at Elizabeth City,
tions. In these situations, a bridge ten- shall open on signal; except that be-
der must be called to operate the tween 7 a.m. and 9 a.m., and 4 p.m. and
bridge on-site. 6 p.m., Monday through Friday, the
(5) When rail traffic has cleared, the draw need open only at 7:30 a.m., 8:30
horn will automatically sound one pro- a.m., 4:30 p.m., and 5:30 p.m. for any
longed blast followed by one short pleasure vessels waiting to pass.
blast to indicate that the CSX Hilton
[CGD0594118, 60 FR 40098, Aug. 7, 1995, as
Railroad Bridge is moving to the full amended by CGD0597009, 62 FR 66006, Dec.
open position to vessels. During open 17, 1997]
span movement, the channel traffic
lights will flash red, until the bridge is 117.835 Perquimans River.
in the full open position to vessels. In
the full open position to vessels, the The draw of the US17 bridge, mile
bridge channel traffic lights will flash 12.0 at Hertford, shall open on signal
green, allowing vessels to pass safely. from 8 a.m. to midnight from April 1
(6) During closing span movement, through September 30 and from 10 a.m.
the channel traffic lights will flash red, to 10 p.m. from October 1 through
the horn will sound five short blasts, March 31. The draw need not be opened
and an audio voice-warning device will at all other times.
announce bridge movement. Five short [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
blasts of the horn will continue until 37382, Sept. 24, 1984]
624
117.837 Roanoke River. times the draw shall open on signal if

Railroad bridge, mile 94.0 at Palmyra, [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
need not be opened for the passage of amended by USCG19995832, 64 FR 34712,
vessels. June 29, 1999; USCG20090968, 74 FR 63612,
Dec. 4, 2009]
[CGD592004, 57 FR 11580, Apr. 6, 1992]
117.849 Muskingum River (Zanesville
117.841 Smith Creek. Canal).
The draw of the S117S133 Bridge, The draw of the Conrail bridge, mile
mile 1.5 at Wilmington, need not open 77.1 at Zanesville, shall open on signal
for the passage of vessels. Tuesday through Friday if the Conrail
[USCG20080302, 73 FR 46194, Aug. 8, 2008] office is notified by 12:01 p.m. on the
day preceding the day the opening is
117.843 Trent River. required. For openings Saturday
(a) The draw of the U.S. 70 bridge, through Monday, the Conrail office
mile 0.0, at New Bern: shall be notified by 12:01 p.m. on Friday
(1) Need not open from 6:30 a.m. to specifying which day and time the
8:30 a.m. and from 4:00 p.m. to 6:00 p.m., opening is required. In case of emer-
Monday through Friday, for pleasure gency, the draw shall open as soon as
vessels. However, the draw shall open possible.
at 7:30 a.m. and 5:00 p.m. for any vessel
waiting to pass. 117.850 Black River.
(2) Need not open from 2:00 p.m. to The draw of the Erie Avenue bridge,
7:00 p.m. from May 24 through Sep- mile 0.6, at Lorain shall open on signal
tember 8, on Sundays and Federal holi- except as follows:
days, for pleasure vessels. However, the (a) From April 1 through December
draw shall open at 4:00 p.m. and 6:00 31
p.m. for any vessel waiting to pass. (1) From 7 a.m. to 6 p.m., Monday
(3) Must always open on signal for through Friday, except legal holidays,
public vessels of the United States. the draw need open only on the hour
(4) Shall open on signal at all other and half-hour for pleasure craft; how-
times. ever, the draw need not open for pleas-
(b) The draws of the Seaboard Sys- ure craft at 8 a.m., 3 p.m., 4 p.m. and 5
tem Railroad bridge, mile 18.0 near p.m. For commercial vessels the draw
Pollocksville, need not be opened for shall open on signal as soon as possible.
(2) From 11 a.m. to 6 p.m., Saturdays,
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as Sundays and legal holidays, the draw
amended by CGD58853, 54 FR 1361, Jan. 13, need open only on the hour and half-
1989; USCG200110881, 71 FR 70312, Dec. 4, hour for pleasure craft. For commer-
2006]
cial vessels the draw shall open on sig-
OHIO nal as soon as possible.
(3) From 11 p.m. to 7 a.m., seven days
117.847 Ashtabula River. a week and legal holidays, no
(a) The draw of the Fifth Street bridgetender is required to be in con-
bridge, mile 1.4 at Ashtabula, shall stant attendance and the bridge shall
open on signal for the passage of com- open on signal for pleasure craft and
mercial and emergency vessels and on commercial vessels if at least a one
the hour and half hour for all other hour advance notice is given.
vessels. (b) From January 1 through March
(b) The draw of the Norfolk Southern 31, the draw shall open on signal for
Bridge, mile 1.5 at Ashtabula, is re- pleasure craft and commercial vessels
motely operated, is required to operate if at least a twelve hour advance notice
a radiotelephone, and shall open on sig- is given.
nal from April 1 through November 30 (c) At all times, the draw shall open
from 7 a.m. to 11 p.m. At all other as soon as possible for public vessels of
625
117.851 33 CFR Ch. I (7112 Edition)
the United States, state or local gov- on signal if at least 24 hours notice is
ernment vessels used for public safety given.
and vessels in distress. [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
[CCGD09 8601, 51 FR 28380, Aug. 7, 1986] amended by CGD09 8907, 54 FR 41965, Oct. 13,
1989; USCG19995832, 64 FR 34712, June 29,
1999; USCG20090968, 74 FR 63612, Dec. 4,
117.851 Portage River.
2009]
States, State or local government ves- 117.853 Sandusky Bay.
sels used for public safety, vessels in The draw of the Norfolk Southern
distress and vessels seeking shelter Bridge, Mile 3.5 at Sandusky, is re-
from rough weather shall be passed motely operated, is required to operate
through the draws listed in this section a radiotelephone, and shall open on sig-
as soon as possible. Except as provided nal from April 1 through October 31
in paragraph (c)(1)(ii) with respect to and from November 1 through Novem-
the Monroe Street bridge, commercial ber 30 from 8 a.m. to 4 p.m. At all other
vessels shall be passed through the times, the draw shall open on signal if
draws of this section as soon as pos- at least 24 hours notice is given.
sible. [USCG20090968, 74 FR 63612, Dec. 4, 2009]
(b) The owners of the bridges listed in
this section shall provide and keep in 117.855 Maumee River.
good legible condition two board gages (a) The draw of the Craig Memorial
painted white with black figures to in- highway bridge, mile 3.30, at Toledo,
dicate the vertical clearance under the shall operate as follows:
closed draw at all stages of the tide. (1) From April through December
The gages shall be so placed on the 20
bridge that they are plainly visible to (i) Between the hours of 7 a.m. and 11
operators of vessels approaching the p.m., the draw need open only from
bridge either up or downstream. three minutes before to three minutes
(c) The draw of the Monroe Street after the hour and half-hour with no
bridge, mile 0.4 at Port Clinton, shall opening required at 7:30 a.m. and 4:30
open as follows: p.m. for pleasure craft; for commercial
(1) From May 1 through November vessels, during this period of time, the
30 draw shall open on signal as soon as
(i) Between the hours of 12 midnight possible.
and 6 a.m., the draw shall open on sig- (ii) Between the hours of 11 p.m. and
nal. 7 a.m., the draw shall open on signal
(ii) Between the hours of 6 a.m. and for commercial vessels and pleasure
craft.
12 midnight, the draw shall open on
(2) From December 21 through March
signal. However, the draw need not
31, no bridgetenders are required to be
open on signal during this time for rec-
on duty at the bridge and the draw
reational craft and commercial vessels
shall open on signal from December 21
licensed to carry fifteen or less pas- through December 31, if at least a four
sengers, or less than ten gross tons, un- hour advance notice is given and from
less in distress or seeking shelter from January 1 through March 31, if at least
rough weather. For these vessels, the a twelve hour advance notice is given.
draw need open only from three min- (b) The draw of the Cherry Street
utes before to three minutes after the highway bridge, mile 4.30 at Toledo,
hour and half-hour. shall operate as follows:
(2) From December 1 through April (1) From April 1 through December
30, the draw shall open on signal if at 20
least 24 hours notice is given. (i) Between the hours of 7 a.m. and 11
(d) The draw of the Norfolk Southern p.m., the draw need open only from
Bridge, Mile 1.5 at Port Clinton, is re- three minutes before to three minutes
motely operated, is required to operate after the quarter and three-quarter
a radio telephone, and shall open on hour with no opening required at 7:45
signal. However, from December 1 a.m. and 4:45 p.m. for pleasure craft; for
through April 30, the draw shall open commercial vessels, during this period
626
of time, the draw shall open on signal bia River Fishery below Bonneville
as soon as possible. Dam.
(ii) Between the hours of 11 p.m. and [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
7 a.m., the draw shall open on signal amended by USCG20007223, 65 FR 40056,
for commercial vessels and pleasure June 29, 2000]
craft.
(2) From December 21 through March 117.865 Clatskanie River.
31, no bridgetenders are required to be The draw of the Portland and West-
at the bridge and the draw shall open ern railroad bridge, mile 0.7 at
on signal from December 21 through Clatskanie, shall open on signal if at
December 31, if at least a four hour ad- least one hours notice is given. How-
vance notice is given and from January ever, the draw shall open promptly on
signal from four hours before to four
1 through March 31, if at least a twelve
hours after each days authorized com-
hour advance notice is given.
mercial fishing period established by
(c) The draws of the CSX Transpor- the Columbia River Compact (Wash-
tation railroad bridge, mile 1.07, Nor- ington State Department of Fisheries
folk Southern railroad bridge, mile 1.80 and the Fish Commission of Oregon)
and Norfolk Southern railroad bridge, for the Columbia River Fishery below
mile 5.76, all at Toledo, shall operate as Bonneville Dam.
follows:
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
(1) From April 1 through December amended by USCG20007223, 65 FR 40056,
20, the draws shall open on signal for June 29, 2000]
all vessels.
(2) From December 21 through March 117.869 Columbia River.
31, no bridgetenders are required to be (a) The draws of the Interstate 5
at the bridges and the draws shall open Bridges, mile 106.5, between Portland,
on signal for commercial vessels and OR, and Vancouver, WA, shall open on
pleasure craft from December 21 signal except that the draws need not
through December 31, if at least a four be opened for the passage of vessels
hour advance notice is given and from from 6:30 a.m. to 9 a.m. and from 2:30
January 1 through March 31, if at least p.m. to 6 p.m. Monday through Friday
a twelve hour advance notice is given. except federal holidays.
(b) The draw of the Port of Hood
(d) At all times, the bridges listed in
River bridge, mile 169.8 at Hood River,
this section shall open as soon as pos-
sible for public vessels of the United notice is given.
States, state or local government ves- (c) The draw of the Burlington North-
sels used for public safety and vessels ern Santa Fe railroad bridge, mile
in distress. 201.2, between Celilo, Oregon, and
[CCGD09 8611, 51 FR 39858, Nov. 3, 1986, as Wishram, Washington, is automated
amended by USCG19995832, 64 FR 34712, and is normally maintained in the fully
June 29, 1999] open-to-navigation position.
(1) Lights. All lights required for
OREGON automated operation shall be visible to
marine traffic for a distance of at least
117.861 Blind Slough. 2 miles and shall be displayed at all
The draws of the Portland and West- times, day and night.
(i) When the draw is fully open, a
ern railroad bridge, mile 1.1 at Knappa,
steady green light shall be displayed at
shall open on signal if at least one hour
the center of the drawspan on both up-
notice is given. However, the draw
stream and downstream sides.
shall open promptly on signal from (ii) When the draw is not fully open,
four hours before to four hours after a steady red light shall be displayed at
each days authorized commercial fish- the center of the drawspan on both up-
ing period established by the Columbia stream and downstream sides.
River Compact (Washington State De- (iii) When the draw is about to close,
partment of Fisheries and the Fish flashing yellow lights in the form of a
Commission of Oregon) for the Colum- down-pointing arrow shall be displayed
627
117.871 33 CFR Ch. I (7112 Edition)
at the center of the drawspan on both 117.881 John Day River.

upstream and downstream sides.
The draw of the Portland and West-
(2) Operation. When a train ap- ern railroad bridge, mile 0.0 near
proaches the bridge, the yellow lights Astoria, shall open on signal if at least
shall start flashing. After an 8-minute one hour notice is given. However, the
delay, the green lights shall change to draw shall open promptly on signal
red, the drawspan shall lower and lock, from four hours before to four hours
and the yellow lights shall be extin- after each days authorized commercial
guished. Red lights shall continue to be fishing period established by the Co-
displayed until the train has crossed lumbia River Compact (Washington
and the drawspan is again in the fully State Department of Fisheries and the
open position. At that time, the red Fish Commission of Oregon) for the Co-
lights shall change to green. lumbia River Fishery below Bonneville
(3) Vessels equipped with radio- Dam.
telephones may contact Burlington
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
Northern Santa Fe to obtain informa- amended by CGD13 9107, 56 FR 67528, Dec. 31,
tion on the status of the bridge. Bridge 1991; USCG20007223, 65 FR 40056, June 29,
status information also may be ob- 2000; USCG200110881, 71 FR 70312, Dec. 4,
tained by calling the commercial tele- 2006]
phone number posted at the drawspan
of the bridge. 117.887 Oregon Slough (North Port-
land Harbor).
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
The draw of the Burlington Northern
amended by CCGD13 8502, 50 FR 31591, Aug.
5, 1985; CGD1393031, 60 FR 32268, June 21, Santa Fe railroad bridge, mile 3.2 at
1995; CGD1399011, 65 FR 1544, Jan. 11, 2000] Portland, shall open on signal if at
least one half hours notice is given.
117.871 Coos Bay. [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
The draw of the Port of Coos Bay amended by CGD13 8413, 49 FR 35627, Sept.
railroad bridge, mile 9.0 at North Bend, 11, 1984]
shall be maintained in the fully open
117.889 Siuslaw River.
position, except for the crossing of
trains or maintenance. (a) The draw of the US101 bridge,
mile 5.0 at Florence, shall open on sig-
[USCG20090840, 75 FR 16006, Mar. 31, 2010] nal if at least two hours notice is
given.
117.873 Coos River.
(b) The draw of the Central Oregon
The draw of the Oregon State sec- and Pacific railroad bridge, mile 8.0
ondary highway bridge, mile 2.2 near near Cushman, shall open on signal if
Eastside, shall open on signal if at at least 24 hours notice is given.
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
117.875 Coquille River. 37382, Sept. 24, 1984, as amended by USCG
19983799, 63 FR 35527, June 30, 1998]
The draws of the US 101 highway
bridge, mile 3.5 at Bandon, Oregon, 117.892 South Slough.
shall open on signal if at least two The drawspan for the Oregon State
hours notice is given to the drawtender Highway Drawbridge across South
at the Coos Bay South Slough bridge. Slough at Charleston must open on sig-
[CGD1394033, 59 FR 52424, Oct. 18, 1994] nal for the passage of vessels, except
that between the hours of 7 a.m. and 7
117.879 Isthmus Slough. p.m., from June 1 through September
30, the drawspan need be opened only
The draw of the Oregon State sec- on the hour and half-hour. This excep-
ondary highway bridge, mile 1.0, at tion does not apply to commercial tugs
Coos Bay, shall open on signal if at and/or tows or public vessels of the
least 24 hours notice is given. United States.
[CGD138819, 54 FR 3448, Jan. 24, 1989] [USCG200110881, 71 FR 70312, Dec. 4, 2006]
628
117.893 Umpqua River. days notice is given. However, the draw

need not be opened on Saturdays, Sun-
(a) The draw of the US 101 Bridge,
days, and Federal Holidays.
mile 11.1, at Reedsport, Oregon, shall
(c) The draws of the bridges listed in
open on signal if at least two hours no-
paragraph (c)(3) of this section shall
tice is given.
open on signal if appropriate advance
(b) The draw of the Central Oregon
notice is given to the drawtender of the
and Pacific railroad bridge, mile 11.5 at
Hawthorne Bridge subject to the fol-
Reedsport, shall be maintained in the
lowing requirements and exceptions:
fully open position, except for the
(1) The draws need not open for the
crossing of trains or other railroad
passage of vessels from 7 a.m. to 9 a.m.
equipment or for maintenance. During
and 4 p.m. to 6 p.m. every Monday
foggy weather when the draw is closed
through Friday; except that on New
and the channel is not clear for the
Years Day, Memorial Day, Fourth of
passage of vessels, a fog horn with an
July, Labor Day, Thanksgiving Day,
audible range of one-half mile from the
and Christmas Day, the draws shall
draw shall be sounded. Two clear sig-
open in accordance with the notice re-
nals of approximately six seconds dura-
quirements of paragraph (c)(3) below.
tion each, repeated at intervals of 60
(2) During Rose Festival Week or
seconds from completion of the second
when the water elevation reaches and
signal to commencement of the next
remains above +12 feet, no advance no-
signal, shall be sounded and repeated
tice is required to request opening, ex-
from commencement of closure to full
cept during the normal closed periods
opening of the draw. When the draw is
in (c)(1) above.
again in the open position, the fog horn
(3)(i) Broadway Bridge, mile 11.7,
shall be stopped, indicating that the
channel is clear for the passage of ves-
Friday, one hours notice shall be given
sels.
for draw openings. At all other times,
(c) The draw of the US101 bridge
notice of at least two hours in advance
across the side channel of the Umpqua
is required.
River, mile 11.1 near Reedsport, need
(ii) Steel Bridge (upper deck only),
not be opened for the passage of ves-
Portland, mile 12.1. From 8 a.m. to 5
sels.
p.m. Monday through Friday, one
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as hours notice shall be given for draw
amended by CGD13 8413, 49 FR 35628, Sept. openings. At all other times, two hours
11, 1984; CCGD13 9106, 56 FR 66599, Dec. 24, notice is required.
1991; USCG19983799, 63 FR 35527, June 30, (iii) Burnside Bridge, mile 12.4, from 8
1998]
a.m. to 5 p.m. Monday through Friday,
117.895 Wallooskee River. one hours notice shall be given for
draw openings. At all other times, two
The draw of the Oregon State sec- hours notice is required.
ondary highway bridge, mile 1.0 near (iv) Morrison Bridge, Portland, mile
Astoria, shall open on signal if at least 12.8, from 8 a.m. to 5 p.m. Monday
48 hours notice is given. through Friday, one hours notice shall
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR be given for draw openings. At all other
37382, Sept. 24, 1984] times, two hours notice is required.
(v) Hawthorne Bridge, Portland, mile
117.897 Willamette River. 13.1, no advance notice required.
(a) The draws of the Union Pacific [CGD1305023, 70 FR 73939, Dec. 14, 2005, as
railroad bridge, mile 119.6 at Albany; amended by USCG20080721, 74 FR 5986, Feb.
and mile 164.3 near Harrisburg, need 4, 2009]
not open for the passage of vessels.
However the draws shall be returned to 117.899 Youngs Bay and Lewis and
operable condition within six months Clark River.
after notification by the District Com- (a) The draw of the US101 (New
mander to do so. Youngs Bay) highway bridge, mile 0.7,
(b) The draw of the Oregon State across Youngs Bay at Smith Point,
highway bridge, mile 132.1 at Corvallis, shall open on signal for the passage of
shall open on signal if at least seven vessels if at least one half-hour notice
629
117.901 33 CFR Ch. I (7112 Edition)
is given to the drawtender at the Lewis painted white with black figures, nine
and Clark River Bridge by marine inches high to indicate the vertical
radio, telephone, or other suitable clearance under the closed draw at all
means from 7 a.m. to 5 p.m. Monday stages of the tide. The gages shall be so
through Friday and from 8 a.m. to 4 placed on the bridge that they are
p.m. on Saturday and Sunday. At all plainly visible to operators of vessels
other times, including all Federal holi- approaching the bridge either up or
days but Columbus Day, at least a two- downstream.
hour notice by telephone is required.
(2) Trains shall be controlled so that
The opening signal shall be two pro-
any delay in opening of the draw shall
longed blasts followed by one short
blast. not exceed ten minutes except as pro-
(b) The draw of the Oregon State (Old vided in 117.31(b). However, if a train
Youngs Bay) highway bridge, mile 2.4, moving toward the bridge has crossed
across Youngs Bay foot of Fifth Street, the home signal for the bridge before
shall open on signal for the passage of the signal requesting opening of the
vessels if at least one half-hour notice bridge is given, the train may continue
is given to the drawtender at the Lewis across the bridge and must clear the
and Clark River Bridge by marine bridge interlocks before stopping.
radio, telephone, or other suitable (3) From April 1 through October 31,
means from 7 a.m. to 5 p.m. Monday the draw shall be left in the open posi-
through Friday and from 8 a.m. to 4 tion at all times and will only be low-
p.m. Saturday and Sunday. At all other ered for the passage of trains and to
times, including all Federal holidays perform periodic maintenance author-
but Columbus Day, at least a two-hour ized in accordance with subpart A of
notice by telephone is required. The this part.
opening signal is two prolonged blasts
(4) The bridge will be operated by the
followed by one short blast.
(c) The draw of the Oregon State bridge/train controller at the Delair
(Lewis and Clark River) highway Railroad Bridge in Delair, New Jersey.
bridge, mile 1.0, across the Lewis and (5) Before the bridge closes for any
Clark River, shall open on signal for reason, an on-site crewmember will ob-
the passage of vessels if at least one serve the waterway for approaching
half-hour notice is given by marine craft, which will be allowed to pass.
radio, telephone, or other suitable The on-site crewmember will then
means from 7 a.m. to 5 p.m. Monday communicate with the off-site bridge/
through Friday and from 8 a.m. to 4 train controller at the Delair Railroad
p.m. on Saturday and Sunday. At all Bridge either by radio or telephone, re-
other times, including all Federal holi- questing the off-site bridge/train con-
days but Columbus Day, at least a two- troller to lower the bridge.
hour notice by telephone is required. (6) The bridge shall only be lowered
The opening signal is one prolonged from the remote site if the on-site
blast followed by four short blasts. crewmembers visual inspection shows
[CGD1306048, 72 FR 9436, Mar. 2, 2007] there are no vessels in the area and the
infrared channel sensors are not ob-
PENNSYLVANIA structed.
117.901 Chester Creek. (7) While the CONRAIL Railroad
Bridge is moving from the full open to
The draw of the Front Street bridge, the full closed position, the off-site
mile 0.1 at Chester, shall open on signal bridge/train controller will maintain
if at least 24 hours notice is given. constant surveillance of the naviga-
117.903 Darby Creek. tional channel using infrared sensors
to ensure no conflict with maritime
(a) The draw of the CONRAIL Rail-
traffic exists. In the event of failure or
road Bridge, mile 0.3, at Essington, will
obstruction of the infrared channel
operate as follows:
(1) The owner of this bridge on this sensors, the off-site bridge/train con-
waterway shall provide and keep in troller will stop the bridge and return
good legible condition two board gages the bridge to the open position. In the
630
event of loss of radio or telephone com- 117.905 Schuylkill River.

munications with the on-site crew-
(a) The following requirements apply
member, the off-site bridge/train con-
to all drawbridges across the Schuyl-
troller will stop the bridge and the
kill River:
bridge return to the open position.
(1) The draws of railroad bridges need
(8) When the draw cannot be operated
not be opened when there is a train in
from the remote site, a bridge tender
the bridge block approaching the
must be called to operate the bridge in
bridge with the intention of crossing,
the traditional on-site manner.
or within five minutes of the known
(9) The CONRAIL Railroad channel time of the passage of a scheduled pas-
traffic lights will change from flashing
senger train.
green to flashing red anytime the
(2) The opening of a bridge may not
bridge is not in the full open position.
be delayed more than five minutes for
(10) During downward span move- a highway bridge or 10 minutes for a
ment, the channel traffic lights will railroad bridge, after the signal to open
change from flashing green to flashing is given.
red, the horn will sound two times, fol-
(3) The owners of drawbridges shall
lowed by a pause, and then two repeat
blasts until the bridge is seated and
tion two board gages painted white
locked down.
with black figures not less than six
(11) When the rail traffic has cleared, inches high to indicate the vertical
the off-site bridge/train controller at clearance under the closed draw at all
the Delair Railroad Bridge will sound stages of the tide. The gages shall be so
the horn five times to signal the draw placed on the bridge that they are
of the CONRAIL Railroad Bridge is plainly visible to operators of vessels
about to return to its full open posi- approaching the bridge either up or
tion. downstream.
(12) During upward span movement, (b) The Passyunk Avenue bridge,
the channel traffic lights will change mile 3.5 at Philadelphia, shall open on
from flashing green to flashing red, the signal at all times if at least four hours
horn will sound two times, followed by notice is given. Public vessels of the
a pause, and then sound repeat blasts United States shall be passed as soon
until the bridge is in the full open posi- as possible at any time.
tion. In the full open position, the
(c) The draw of the Conrail bridge,
channel traffic lights will then turn
mile 5.5 at Grays Ferry Avenue, Phila-
from flashing red to flashing green.
delphia, shall open on signal; except
(13) From November 1 through March that, on Saturdays and Sundays, the
31, the draw shall open on signal if at draw shall open on signal if at least
least 24 hours notice is given by tele- two hours notice is given. Public ves-
phone at (856) 2317088 or (856) 6628201. sels of the United States shall be
Operational information will be pro- passed as soon as possible at any time.
vided 24 hours a day by telephone at
(d) The draw of the University Ave-
(856) 2317088 or (856) 6628201.
nue bridge, mile 6.2 at Philadelphia,
(b) The Reading Railroad Bridge, shall open on signal at all times if at
mile 0.3, at Essington, will be left in least two hours notice is given. Public
the full open position at all times. vessels of the United States shall be
[CGD0501052, 67 FR 64170, Feb. 11, 2002, as passed as soon as possible at any time.
amended by CGD0506086, 71 FR 77615, Dec. (e) The draw of the Conrail bridge,
27, 2006] mile 6.4 near Christian Street, Phila-
delphia, shall open on signal if at least
117.904 Delaware River.
two hours notice is given.
See 117.716, Delaware River, listed
[CGD 82025, 49 FR 43462, Oct. 29, 1984]
under New Jersey.
[CGD 92015, 57 FR 37880, Aug. 21, 1992]
631
117.911 33 CFR Ch. I (7112 Edition)
RHODE ISLAND [RESERVED] (f) Ladys Island Bridge, across the

Beaufort River, Mile 536.0 at Beaufort.
SOUTH CAROLINA The draw shall operate as follows:
(1) On Monday through Friday, ex-
117.911 Atlantic Intracoastal Water- cept Federal holidays:
way, Little River to Savannah
River. (i) From 7 a.m. to 9 a.m. and 4 p.m. to
6 p.m., the draw need not open; and,
(a) General. Public vessels of the (ii) Between 9 a.m. to 4 p.m., the
United States and tugs with tows, upon draw need open only on the hour and
proper signal, will be passed through half-hour.
the drawspan of each drawbridge listed (2) At all other times the draw shall
in this section at anytime. open on signal.
(b) [Reserved]
(c) Ben Sawyer (SR 703) bridge across [CGD7 8429, 50 FR 51250, Dec. 16, 1985]
Sullivans Island Narrows, mile 462.2 be- EDITORIAL NOTE: For FEDERAL REGISTER ci-
tween Sullivans Island and Mount Pleas- tations affecting 117.911, see the List of CFR
ant. The draw shall open on signal; ex- Sections Affected, which appears in the
cept that, the draw need not open from Finding Aids section of the printed volume
7 a.m. to 9 a.m. and from 4 p.m. to 6
p.m. Monday through Friday except 117.913 Ashepoo River.
Federal holidays. On Saturdays, Sun-
days, and Federal holidays from 9 a.m. The draw of the Seaboard System
to 7 p.m. the draw need open only on Railroad bridge, mile 32.0 at Ashepoo,
the hour. need not be opened for the passage of
(d) SR 171/700 bridge across Wappoo vessels. However, the draw shall be re-
Creek Mile 470.8 at Charleston. The draw turned to operable condition within six
shall open on signal, except that from months after notification by the Dis-
April 1 to November 30 from 9 a.m. to trict Commander to do so.
4 p.m. Monday through Friday, except 117.915 Ashley River.
federal holidays, and from 9 a.m. to 7
p.m., on Saturdays, Sundays and fed- (a) The draws of the US17 highway
eral holidays, the bridge need not open bridges, miles 2.4 and 2.5 at Charleston,
except on the hour and half-hour. From shall open on signal; except that, from
June 1 to September 30 and from De- 7 a.m. to 9 a.m. Monday through Friday
cember 1 to March 30 the draw need not and 4 p.m. to 7 p.m. daily, the draws
open from 6:30 a.m. to 9 a.m. and from need be opened only if at least 12 hours
4 p.m. to 6:30 p.m. Monday through Fri- notice is given. The draws of either
day, except federal holidays, and from bridge shall open as soon as possible for
April 1 to May 31 and from October 1 to the passage of vessels in an emergency
November 30 Monday through Friday, involving danger to life or property.
except federal holidays, the draw need (b) The draw of the Seaboard System
not open from 6 a.m. to 9 a.m. and from Railroad bridge, mile 12.0 near Drayton
4 p.m. to 6:30 p.m. Hall, shall open on signal from 7 a.m.
(e) John Limehouse Bridge across the to 11 p.m. From 11 p.m. to 7 a.m., the
Stone River, mile 479.3 at Johns Island. draw shall open on signal if at least
The draw of the John Limehouse three hours notice is given.
Bridge shall open on signal; except that
117.917 Battery Creek.
the draw need not open from 6:30 a.m.
to 9 a.m. and from 4 p.m. to 6:30 p.m., The draw of the State highway
Monday through Friday except Federal bridge, mile 2.1 between Beaufort and
holidays. Between 9 a.m. and 4 p.m., Parris Island, shall open on signal if at
Monday through Friday except Federal least 24 hours notice is given.
holidays, the draw need open only on
the hour and half hour. The draw shall 117.921 Broad River.
open as soon as possible for the passage (a) The draw of the S170 bridge, mile
of tugs with tows, public vessels of the 14.0 near Beaufort, shall open on signal
United States and vessels in a situa- if at least 24 hours notice is given.
tion where a delay would endanger life (b) The draw of the Seaboard System
or property. Railroad bridge, mile 17.0 near Whale
632
Branch, shall open on signal if at least 117.938 Waccamaw River.

24 hours notice is given.
The draw of the Waccamaw Coast
117.923 Congaree River. Line Railroad bridge, mile 44.4 at
Conway, shall open on signal; except
The draw of the Southern Railway that from 8 a.m. to 6 p.m. Monday
bridge, mile 4.3 at Moyes Station, through Friday, the draw shall open on
signal if at least one hour notice is
notice is given.
given.
117.925 Cooper River. [CGD79080, 56 FR 1491, Jan. 15, 1991]
Railroad bridge, mile 42.8 near 117.939 Wando River.
Cordesville, shall open on signal if at The draw of the S41 bridge, mile 10.0
least six hours advance notice is given. near Cainhoy, shall open on signal if at
[CGD 78524, 50 FR 37175, Sept. 12, 1985] least 12 hours notice is given.
117.927 Coosaw River (Whale SOUTH DAKOTA

Branch).
117.941 Missouri River.
Railroad bridge, mile 5.3 at Seabrook, The draws of the US81 bridge, mile
and the draw of the US21 bridge, mile 805.7 at Yankton, and the Chicago and
7.0 at Beaufort, shall open on signal Northwestern Railroad bridge, mile
from 6 a.m. to 8 p.m. Monday through 1066.5 at Pierre, need not be opened for
Friday if at least 24 hours notice is the passage of vessels.
given. At all other times, the draw
need not be opened for the passage of TENNESSEE
vessels.
117.943 Cumberland River.
117.929 Durham Creek. The draw of the Clarksville Railroad
The removable span of the Seaboard bridge over the Cumberland River, mile
System Railroad bridge, mile 1.7 at 126.5, at Clarksville, shall open on sig-
Bushy Park, shall be removed to allow nal when the vertical clearance under
the passage of dredges and construc- the navigational span is 47 feet or less.
tion equipment if at least 20 days no- The draw shall open on signal if at
tice is given. When notified by the City least two hours notice is given when
of Charleston of an emergency in the the vertical clearance is greater than
Bushy Park Reservoir, the span shall 47 feet. The draw need not be opened
be removed as soon as possible to per- for a vessel that arrives at the bridge
mit the passage of dredges and con- more than 30 minutes after the time
struction equipment. specified in the notice, unless a second
two hours notice has been given.
117.933 Pee Dee River.
[CGD02 8601, 51 FR 32319, Sept. 11, 1986, as
The draws of the Seaboard System amended by USCG19983799, 63 FR 35527,
Railroad bridges, mile 72.6 near Poston June 30, 1998]
and mile 107.2 near Pee Dee, need not
be opened for the passage of vessels. 117.945 Hatchie River.
117.935 Rantowles Creek. The draws of the Illinois Central Gulf

railroad bridge, mile 35.0 at Covington,
The draw of the Seaboard System and the Seaboard System Railroad
Railroad bridge, 1.1 near Rantowles, bridge, mile 71.0 at Brownsville, need
need not be opened for the passage of not be opened for the passage of ves-
vessels. sels.
117.936 Savannah River. 117.947 Obion River.
See 117.371, Savannah River, listed The draws of all bridges on the Obion
under Georgia.
River need not be opened for the pas-
[CGD 92015, 57 FR 37880, Aug. 21, 1992] sage of vessels.
633
117.949 33 CFR Ch. I (7112 Edition)
117.949 Tennessee River. (b) The draw of the Union Pacific

Rail Road Bridge, mile 3.1, need not be
The draws of the Chief John Ross
opened to the passage of vessels.
Bridge over the Tennessee River, mile
464.1, at Chattanooga, and the South- [CGD88911, 55 FR 2066, Jan. 22, 1990, as
ern Railway Bridge over the Tennessee amended by CGD0898066, 63 FR 55030, Oct.
14, 1998; USCG20110100, 76 FR 16296, Mar. 23,
River, mile 470.7, at Hixon, Tennessee, 2011]
shall open on signal when the vertical
clearance beneath the draw is 50 feet or 117.957 Cedar Bayou.
less. When the vertical clearance be- The draw of the Union Pacific rail-
neath the draw is more than 50 feet, at road automated bridge, mile 7.0 at Bay-
least eight hours notice is required. town, operates as follows:
When the operator of a vessel returning (a) The draw shall be maintained at a
through the draw within four hours in- vertical clearance of 81.4 feet above
forms the drawtender of the probable mean high water. Fixed green naviga-
time of return, the drawtender shall re- tion lights shall be displayed in the
turn one half hour before the time center of the draw.
specified and promptly open the draw (b) When a train approaches the
on signal for the vessel without further bridge, the navigation lights shall be
notice. If the vessel giving notice fails changed from green to red, alternating
to arrive within one hour after the ar- flashing red lights turned on, and a
rival time specified, whether upbound horn sounded for six minutes. At the
or downbound, a second eight hours no- end of six minutes, the draw may be
tice is required. lowered and locked if the scanning
equipment does not detect any object
[CGD02 8602, 51 FR 32320, Sept. 11, 1986; 51 under the span. If the scanning equip-
FR 41894, Nov. 19, 1986, as amended by USCG ment detects an obstruction, the draw
200110881, 71 FR 70312, Dec. 4, 2006] shall be raised until the obstruction is
cleared.
TEXAS (c) After a train has cleared the
bridge, the draw shall be raised to 81.4
117.951 Arroyo Colorado River.
feet above mean high water, the flash-
The draw of the S106 highway bridge, ing red lights stopped, and the naviga-
mile 22.5 at Rio Hondo, shall open on tion lights changed from red to green.
signal if at least 12 hours notice is
given. 117.959 Chocolate Bayou.
The draw of the Union Pacific rail-
117.953 Brazos River (Diversion road bridge, mile 11.4 at Liverpool,
Channel). need not be opened for the passage of
(a) The draw of the S36 highway vessels.
bridge, mile 4.4 at Freeport, shall open
117.963 Colorado River.
given. The draw of the highway bridge, mile
(b) The draw of the Union Pacific 10.7 at Wadsworth need open on signal
railroad bridge, mile 22.6 at Brazoria, Monday through Friday only, and then
need not be opened for the passage of only from 8 a.m. to 5 p.m. At least 48
hours notice is required.
vessels.
[CGD89022, 56 FR 488, Jan. 7, 1991]
117.955 Buffalo Bayou.
117.965 Cow Bayou.
(a) The draw of the Houston Belt and
Terminal railroad bridge, mile 1.2 at The draws of the Orange County
Houston, and all drawbridges down- highway bridge, mile 2.9 at West Or-
stream of it, shall open on signal if at ange, and the S87 bridge, mile 4.5 at
least 24 hours notice if given. Bridge City, shall open on signal if at
least six hours notice is given.
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
June 21, 2012]
634
117.966 Galveston Channel. above mean high tide. This bridge will
open on signal.
The drawspan for the Pelican Island
(1) Mariners may request a bridge
Causeway Drawbridge across Galveston
opening at anytime via one of the fol-
Channel, mile 4.5 of the Galveston
lowing methods:
Channel, (GIWW mile 356.1) at Gal-
(i) Telephone at 18008926295;
veston, Texas, must open on signal; ex-
(ii) Marine radio on VHF-FM Channel
cept that, from 6:40 a.m. to 8:10 a.m., 12
16; or
noon to 1 p.m., and 4:15 p.m. to 5:15
(iii) Proper sound signal as prescribed
p.m. Monday through Friday except
in 117.15.
Federal holidays, the drawspan need
(2) When signaling by sound, if return
not be opened for passage of vessels.
sound signal is not sent from the re-
Public vessels of the United States
mote bridge operator, in compliance
must be passed at anytime.
with 117.15, contact the remote oper-
[USCG200110881, 71 FR 70312, Dec. 4, 2006. ator via telephone or marine radio.
Redesignated by USCG20110257, 76 FR 31837, (3) An audible warning siren will
June 2, 2011] sound when the bridge is in motion.
Video cameras will constantly monitor
117.967 Greens Bayou. the waterway near and under the draw.
The draw of the Port Terminal Rail- Once a vessel has passed through the
road Association railroad bridge, mile bridge, the draw will lower, provided
2.8 at Houston, shall open on signal if the infrared under bridge presence
at least four hours notice is given. The detector and video cameras reveal
draw shall open on signal for three nothing under the draw.
hours thereafter for returning (b) The draw of the Burlington
downbound vessels. Northern Santa Fe railroad bridge,
mile 53.9 at Evadale, need not be
117.968 Gulf Intracoastal Waterway. opened for the passage of vessels.
The drawspan for the Port Isabel [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
Drawbridge, mile 666.0, must open on amended by CGD 0800026, 65 FR 71059, Nov.
signal; except that, from 5 a.m. to 8 29, 2000; USCG20110257, 76 FR 31837, June 2,
p.m. on weekdays only, excluding fed- 2011]
eral, state, and local holidays, the
drawspan need open only on the hour 117.975 Old Brazos River.
for pleasure craft. The drawspan must The draw of the Union Pacific rail-
open on signal at anytime for commer- road bridge, mile 4.4 at Freeport, shall
cial vessels. When the drawspan is open be maintained in the fully open posi-
for a commercial vessel, waiting pleas- tion, except for the crossing of trains
ure craft must be passed. or for maintenance.
[USCG200110881, 71 FR 70312, Dec. 4, 2006] 117.979 Sabine Lake.
117.969 Lavaca River. The draw of the S82 bridge, mile 10.0
at Port Arthur, shall open on signal;
The draws of the Union Pacific rail-
except that, from 9 p.m. to 5 a.m., the
road bridge, mile 11.2, and the highway
draw shall open on signal if at least six
bridge, mile 11.2, both at Vanderbilt,
hours notice is given to the Mainte-
nance Construction Supervisor or the
notice is given. In emergencies, the
Maintenance Foreman at Port Arthur.
draws shall open as soon as possible.
117.981 Sabine River.
117.971 Neches River.
See 117.493, Sabine River, listed
(a) The draw of the Kansas City under Louisiana.
Southern automated bridge, mile 19.5,
at Beaumont, is not constantly [CGD 92015, 57 FR 37880, Aug. 21, 1992]
manned and is operated from a remote
site in Shreveport, Louisiana. The 117.984 San Bernard River.
bridge is normally maintained in the The draw of the Union Pacific rail-
closed to navigation position, pro- road bridge, mile 20.7 near Brazoria,
viding 13 feet of vertical clearance shall open on signal; except that, from
635
117.987 33 CFR Ch. I (7112 Edition)
10 a.m. to 2 p.m. and 10 p.m. to 2 a.m., (iii) At all other times, if at least two
the draw shall open on signal if at least hours notice is given.
three hours notice is given. (2) From September 16 through June
[CGD 088414, 50 FR 15743, Apr. 22, 1985]
14, if at least 24 hours notice is given.
(d) The draw of the SR78 bridge, mile
117.987 Taylor Bayou. 105.9 between Alburg Tongue and East
Alburg, shall open on signal if at least
The draws of the Union Pacific rail-
24 hours notice is given.
road bridge, mile 2.0, and the S73
bridge, mile 10.2, both at West Port Ar- [CGD 82025, 49 FR 17452, Apr. 24, 1984, as
thur, need not be opened for the pas- amended by CGD3 83059, 49 FR 44208, Nov. 5,
sage of vessels. 1984; CGD0198032, 64 FR 28103, May 25, 1999;
USCG200110881, 71 FR 70312, Dec. 4, 2006]
117.989 Trinity River.
VIRGINIA
The draws of the Union Pacific Rail-
road bridges, mile 41.4 at Liberty, mile 117.995 Appomattox River.
54.8 at Kenefick, mile 117.3 at Goodrich,
mile 181.8 at Riverside, and the Bur- The draw of the Seaboard System
lington Northern Santa Fe railroad Railroad bridge, mile 2.5 at Hopewell,
bridge, mile 96.2 at Romayor, need not shall open on signal if at least 24 hours
be opened for the passage of vessels. notice is given to the Seaboard System
Agent at Hopewell. However, a
[USCG19983799, 63 FR 35527, June 30, 1998] drawtender shall be in constant attend-
ance and the draw shall open on signal
VERMONT upon 30 days notice, in writing, to do so
from the District Commander.
117.993 Lake Champlain.
(a) The drawspan for each of the 117.997 Atlantic Intracoastal Water-
drawbridges listed in this section must way, South Branch of the Elizabeth
open as soon as possible for the passage River to the Albermarle and Chesa-
of public vessels of the United States. peake Canal.
(b) The draw of the US2 Bridge, mile (a) The draw of the Belt Line Rail-
91.8, over Lake Champlain, between road Bridge, mile 2.6, in Portsmouth
South Hero Island and North Hero Is- and Chesapeake will operate as follows:
land, shall operate as follows: (1) The bridge will be left in the open
(1) The draw shall open on signal on position at all times and will only be
the hour and the half hour from May lowered for the passage of trains and to
15th through October 15th from 8 a.m. perform periodic maintenance author-
to 8 p.m. daily. ized in accordance with subpart A of
(2) The draw shall open on signal this part.
from May 15th through October 15th (2) The bridge will be operated by the
from 8 p.m. to 8 a.m. if at least four controller at the Berkley Yard office.
hours notice is given by calling the (3) The controller will monitor water-
number posted at the bridge. way traffic in the area of the bridge
(3) The draw shall open on signal and directly beneath the bridge with
from October 16th through May 14th if closed circuit cameras mounted on top
at least four hours notice is given by of the bridge and with surface naviga-
calling the number posted at the tional radar.
bridge. (4) When the bridge closes for any
(c) The draw of the Central Vermont reason, the controller will announce 30
Railway bridge across Missisquoi Bay, minutes in advance, 15 minutes in ad-
mile 105.6 shall open on signal: vance, and immediately proceeding the
(1) From June 15 through September actual lowering, over marine channel
15: 13, that the Belt Line Railroad Bridge
(i) Monday through Friday from 9 is closing for river traffic. In each of
a.m. to 5 p.m.: these three announcements, the bridge/
(ii) Saturdays, Sundays, Independ- train controller will request all con-
ence Day and Labor Day from 7 a.m. to cerned river traffic to please acknowl-
11 p.m.; edge on marine channel 13.
636
(5) The bridge shall only be operated (1) Shall open on signal at any time
from the remote site if closed circuit for commercial vessels carrying lique-
visual and radar information shows fied flammable gas or other hazardous
there are no vessels in the area and no materials.
opposing radio communications have (2) From 6:30 a.m. to 8:30 a.m. and
been received. from 3:30 p.m. to 5:30 p.m., Monday
(6) While the Belt Line Bridge is through Friday, except Federal holi-
moving from the full open position to days:
the full closed position, the bridge/ (i) Need not open for the passage of
train controller will maintain constant recreational or commercial vessels
surveillance of the navigational chan- that do not qualify under paragraph
nel to ensure no conflict with maritime (d)(2)(ii) of this section.
traffic exists. In the event of failure of (ii) Need not open for commercial
a camera or the radar system, or loss cargo vessels, including tugs, and tugs
of marine-radio communications, the with tows, unless 2 hours advance no-
bridge shall not be operated by the off- tice has been given to the Gilmerton
site bridge/train controller from the re- Bridge at (757) 5451512.
mote location.
(3) Shall open on signal at all other
(7) If the off-site bridge/train control- times.
lers visibility of the navigational
(d) The draw of the Norfolk Southern
channel is less than 34 of a mile, the
#7 Railroad Bridge, mile 5.8 in Chesa-
bridge shall not be operated from the
peake, shall operate as follows:
remote location.
(1) The draw shall be remotely con-
(8) When the draw cannot be operated
trolled by the operator at the Norfolk
from the remote site, a bridgetender
Southern #5 Railroad Bridge office over
must be called to operate the bridge in
the Eastern Branch of the Elizabeth
the traditional on-site manner.
River, at mile 1.1, in Norfolk.
(9) The Belt Line mid-channel lights
(2) The draw shall be left in the open
will change from green to red anytime
position to vessels and will only be
the bridge is not in the full open posi-
tion. closed for the passage of trains and to
perform periodic maintenance author-
(10) During the downward and upward
ized in accordance with subpart A of
span movement, a warning alarm will
this part.
sound until the bridge is seated and
locked down or in the full open posi- (3) Trains shall be controlled so that
tion. any delay in opening of the draw shall
(11) When the bridge has returned to not exceed ten minutes except as pro-
its full up position, the mid-channel vided in 117.31(b).
light will turn from red to green, and (4) Before the bridge closes for any
the controller will announce over ma- reason, the off-site remote operator
rine radio channel 13, Security, secu- will monitor waterway traffic in the
rity, security, the Belt Line bridge is area with closed circuit cameras and
open for river traffic. Operational in- motion sensors mounted on the bridge.
formation will be provided 24 hours a The bridge will only be closed if the
day on marine channel 13 and via tele- off-site remote operators visual in-
phone (757) 5431996 or (757) 5452941. spection shows that the channel is
(b) The draw of the Norfolk and West- clear and there are no vessels
ern railroad bridge across the South transiting in the area.
Branch of the Elizabeth River, mile 3.6 (5) While the bridge is moving from
at Portsmouth-Chesapeake, shall be the full open position to the full closed
maintained in the open position; except position, the off-site remote operator
the draw may close for the crossing of will maintain constant surveillance of
trains and maintenance of the bridge. the navigation channel to ensure that
When the draw is closed, a drawtender no conflict with maritime traffic ex-
shall be present and the draw shall ists. In the event of failure or obstruc-
open on signal. tion, the off-site remote operator will
(c) The draw of the Gilmerton (US13/ stop and return the bridge to the full
460) bridge, mile 5.8, in Chesapeake: open position to vessels. In the event of
637
117.997 33 CFR Ch. I (7112 Edition)
a failure or obstruction, a bridge ten- Sundays, and Federal holidays, the

der must be called by the off-site re- draw need only be opened every hour
mote operator and must be on-site on the hour, except the draw shall open
within 30 minutes of the call to operate on signal for commercial vessels that
the bridge. qualify under paragraphs (g)(1) or (g)(2)
(6) During closing of the span, the of this section.
channel traffic lights will change from (4) If any vessel is approaching the
flashing green to flashing red, the horn bridge and cannot reach the draw ex-
will sound twice, and an audio voice actly on the hour, the drawtender may
warning device will announce bridge delay the opening up to ten minutes
movement, then two repeat blasts of past the hour for the passage of the ap-
the horn will sound until the bridge is proaching vessel and any other vessels
seated and locked down. When the that are waiting to pass.
bridge is seated and locked down to (5) Shall open on signal at all other
vessels, the channel traffic lights will times.
flash red. (g) The draw of the S168 bridge, mile
(7) During the open span movement, 12 at Chesapeake (Great Bridge), shall
the channel traffic lights will flash red, open on signal; except that, from 6 a.m.
the horn will sound twice, followed by to 7 p.m., the draw need be opened only
a pause, and then five repeat blasts of on the hour. If any vessel is approach-
the horn will sound until the bridge is
ing the bridge and cannot reach the
in the full open position to vessels. In
draw exactly on the hour, the
the full open position to vessels, the
drawtender may delay the hourly open-
bridge channel traffic lights will turn
ing up to 10 minutes past the hour for
from flashing red to flashing green
the passage of the approaching vessel
then an audio warning device will an-
and any other vessels that are waiting
nounce bridge movement by stating
to pass. Vessels in an emergency condi-
Security, security, security, the Nor-
tion which presents danger to life or
folk Southern #7 Railroad Bridge at
property shall be passed at any time.
mile 5.8 is open for river traffic.
(h) The draw of the Albemarle &
(8) Operational information will be
Chesapeake Railroad bridge, mile 13.9,
provided 24 hours a day on marine
in Chesapeake, Virginia, shall be main-
channel 13 and via telephone (757) 924
tained in the open position; the draw
5320.
may close only for the crossing of
(e) The draw of the I64 bridge across
trains and maintenance of the bridge.
the South Branch of the Elizabeth
When the draw is closed, a bridgetender
River, mile 7.1 at Chesapeake, shall
shall be present to reopen the draw
open on signal if at least 24 hours no-
after the train has cleared the bridge.
tice is given.
(f) The draw of the Dominion Boule- (i) The draw of the Centerville Turn-
vard (US 17) bridge, mile 8.8 in Chesa- pike (SR170) bridge across the Albe-
peake: marle and Chesapeake Canal, mile 15.2,
(1) Shall open on signal at any time at Chesapeake:
for commercial vessels carrying lique- (1) Shall open on signal at any time
fied flammable gas or other hazardous for commercial vessels carrying lique-
materials. fied flammable gas or other hazardous
(2) From 7 a.m. to 9 a.m. and from 4 materials.
p.m. to 6 p.m., Monday through Friday, (2) From 6:30 a.m. to 8:30 a.m. and
need not open for the passage of rec- from 4 p.m. to 6 p.m., Monday through
reational vessels, and need open for Friday, except Federal holidays:
commercial cargo vessels not carrying (i) Need not open for the passage of
hazardous materials, including tugs recreational or commercial vessels
and tugs with tows, only when notice that do not qualify under paragraph
has been given at least 2 hours in ad- (i)(2)(ii) of this section.
vance to the Dominion Boulevard (ii) Need not open for commercial
Bridge at (757) 5470521. cargo vessels, including tugs, and tugs
(3) From 6 a.m. to 7 a.m. and from 9 with tows, unless 2 hours advance no-
a.m. to 4 p.m., Monday to Friday, and tice has been given to the Centerville
from 6 a.m. to 6 p.m. on Saturdays, Turnpike bridge at (757) 5473632.
638
(3) From 8:30 a.m. to 4 p.m., Monday (6) Shall open on signal at all other
through Friday, except Federal holi- times.
days, the draw need only be opened on
[CGD 82025, 49 FR 17452, Apr. 24, 1984]
the hour and half hour.
(4) If any vessel is approaching the EDITORIAL NOTE: For FEDERAL REGISTER ci-
bridge and cannot reach the draw ex- tations affecting 117.997, see the List of CFR
actly on the hour or half hour, the Sections Affected, which appears in the
drawtender may delay the opening ten
minutes past the hour or half hour for
the passage of the approaching vessel EFFECTIVE DATE NOTE: At 76 FR 34852, June
and any other vessels that are waiting 15, 2011, 117.997 was amended by suspending
to pass. paragraph (c) and temporarily adding a new
paragraph (j), effective June 19, 2011 through
(5) Shall open on signal at all other Dec. 20, 2013.
times.
(j) The draw of the Gilmerton (US13/ 117.999 Blackwater River.
460) Bridge, mile 5.8, in Chesapeake:
(1) Shall open on signal at any time The draw of the S189 bridge, mile 9.2
for commercial vessels carrying lique- at South Quay, need not be opened for
fied flammable gas or other hazardous the passage of vessels.
materials. [USCG20110943, 77 FR 20718, Apr. 6, 2012]
(2) From 6:30 a.m. to 9:30 a.m. and
from 3:30 p.m. to 6:30 p.m., Monday 117.1001 Cat Point Creek.
through Friday, except Federal holi- The draw of the S634 bridge, mile 0.3
days: at Naylors, need not be opened for the
(i) Need not open for the passage of passage of vessels.
recreational or commercial vessels
that do not qualify under paragraph 117.1003 Chickahominy River.
(j)(2)(ii) of this section.
(ii) Need not open for commercial The draw of the highway bridge, mile
cargo vessels, including tugs, and tugs 1.5 at Barrets Ferry, shall open on sig-
with tows, unless 2 hours advance no- nal; except that, from 11 p.m. to 7 a.m.,
tice has been given to the Gilmerton the draw shall open on signal if at least
Bridge at (757) 5451512. 12 hours notice is given.
(3) From 9:30 a.m. to 3:30 p.m. Mon- [CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
day through Friday and from 6:30 a.m. 37382, Sept. 24, 1984]
to 6:30 p.m. Saturdays, Sundays and
Federal holidays, the draw need only 117.1005 Chincoteague Channel.
be opened every hour on the half hour, The draw of the SR 175 Bridge, mile
except the draw shall open on signal 3.5, at Chincoteague shall open on de-
for commercial vessels that qualify mand from midnight to 6 a.m., and
under paragraphs (j)(1) and (j)(2)(ii) of every one and a half hours from 6 a.m.
this section. to midnight (at 6 a.m., 7:30 a.m., 9 a.m.,
(4) If any vessel is approaching the 10:30 a.m., 12 p.m., 1:30 p.m., 3 p.m., 4:30
bridge and cannot reach the draw ex- p.m., 6 p.m., 7:30 p.m., 9 p.m. 10:30 p.m.
actly on the half hour per paragraph and midnight); except from 7 a.m. to 5
(j)(3) of this section, the draw tender p.m. on the last consecutive Wednesday
may delay the opening up to 10 min- and Thursday in July, the draw need
utes past the half hour for passage of not be opened.
the approaching vessel and any other
vessels that are waiting to pass. [CGDO506002, 71 FR 66673, Nov. 16, 2006]
(5) If the Norfolk & Southern Rail-
road Bridge #7, at mile 5.8, is not 117.1007 Elizabeth RiverEastern
Branch.
opened during a particular scheduled
opening for the Gilmerton Bridge and (a) The draw of the Norfolk Southern
vessels were delayed, the draw tender Railroad Bridge (NS #V2.8), mile 2.7 at
at the Gilmerton Bridge may provide a Norfolk, shall operate as follows:
single opening for waiting vessels, once (1) The draw shall remain in the open
the Norfolk & Southern Railroad position for navigation. The draw shall
Bridge #7 reopens for vessels. only be closed for train crossings or
639
117.1007 33 CFR Ch. I (7112 Edition)
periodic maintenance authorized in ac- river traffic. Vessels shall stay clear
cordance with subpart A of this part. of both channels as to not interfere
(2) The bridge shall be operated by with infrared detectors, until green
the controller at the Norfolk Southern lights are displayed on the swing span.
Railroad Bridge (NS #5), mile 1.1, over (b) The draw of the Berkley Bridge
the Eastern Branch of the Elizabeth mile 0.4. at Norfolk, shall remain
River in Norfolk, VA. The controller closed one hour prior to the published
shall monitor vessel traffic with closed start of a scheduled marine event regu-
circuit cameras and infrared sensors lated under 100.501, and shall remain
covering the swing radius. Operational closed until one hour following the
information will be provided 24 hours a completion of the event unless the Pa-
day on marine channel 13 and via tele- trol Commander designated under
phone (757) 4465320. 100.501 allows the bridge to open for
(3) The bridge shall not be operated commercial vessel traffic.
from the remote location in the fol- (c) The draw of the Berkley Bridge,
lowing events: Failure or obstruction mile 0.4 in Norfolk
of the infrared sensors, closed-circuit (1) Shall open on signal at any time,
cameras or marine-radio communica- except from 5 a.m. to 9 a.m. and from
tions, or anytime controllers visibility 3 p.m. to 7 p.m., Monday through Fri-
is inhibited. In these situations, a day, except Federal holidays.
bridge tender with Norfolk Southern
(2) From 5 a.m. to 9 a.m. and from 3
must be called to operate the bridge
p.m. to 7 p.m., Monday through Friday,
on-site.
except Federal holidays, shall open at
(4) Before the bridge closes for any
any time for commercial vessels with a
reason, the remote operator will mon-
draft of 18 feet or more, provided that
itor waterway traffic in the area. The
at least 6 hours advance notice has
bridge shall only be closed if the off-
been given to the Berkley Bridge Traf-
site remote operators visual inspec-
fic Control room at (757) 4942490.
tion shows that the channel is clear
(d) The draw of the Berkley Bridge,
and there are no vessels transiting in
mile 0.4, at Norfolk, shall operate as
the area. While the bridge is moving,
follows:
the operator shall maintain constant
surveillance of the navigation channel. (1) The draw shall remain closed one
(5) Before closing the draw, the chan- hour prior to the published start of a
nel traffic lights will change from scheduled marine event regulated
flashing green to flashing red, the horn under Sec. 100.501, and shall remain
will sound five short blasts, and an closed until one hour following the
audio voice warning stating, Atten- completion of the event unless the Pa-
tion, Attention. Norfolk Southerns trol Commander designated under Sec.
Railroad Bridge over the Eastern 100.501 allows the bridge to open for
Branch of the Elizabeth River at mile- commercial vessel traffic.
post 2.7 will be closing to river traffic. (2) The draw shall open on signal at
Five short blasts of the horn will con- any time for vessels carrying, in bulk,
tinue until the bridge is seated and cargoes regulated by 46 CFR sub-
locked down to vessels, the channel chapters D or O, or Certain Dangerous
traffic lights will continue to flash red. Cargoes as defined in 33 CFR 160.204.
(6) When the rail traffic has cleared, (3) For all other vessels, the draw
the horn will sound one prolonged blast shall open on signal at any time, ex-
followed by one short blast to indicate cept from 5 a.m. to 7 p.m., Monday
that the draw is opening to vessel traf- through Friday, except Federal holi-
fic. During the opening swing move- days. During these times, the draw
ment, the channel traffic lights will shall:
flash red until the bridge returns to the (i) Open for commercial vessels with
fully open position. In the full open po- a draft of 18 feet or more, provided at
sition to vessels, the bridge channel least 6 hours notice was given to the
lights will flash green followed by an Berkley Bridge Traffic Control room at
announcement stating, Security, se- (757) 4942490.
curity, security. Norfolk Southern (ii) Open on signal at 9 a.m., 11 a.m.,
Railroad Bridge at mile 2.7 is open for 1 p.m. and 2:30 p.m.
640
(4) If the bridge is not opened during and half hour for the passage of pleas-
a particular scheduled opening per ure craft. Public vessels of the United
paragraph (d)(3)(ii) of this section and States, commercial vessels, and vessels
a vessel has made prior arrangements in an emergency endangering life or
for a delayed opening, the draw tender property shall be passed at any time.
may provide a single opening up to 30
minutes past that scheduled opening 117.1023 Pamunkey River.
time for that signaling vessel, except The draw of the Eltham Bridge (SR33/
at 2:30 p.m. The draw tender may pro- 30) mile 1.0, located in West Point, Vir-
vide a single opening up to 20 minutes ginia shall open on signal if at least
past the 2:30 p.m. scheduled opening four hours notice is given at all times.
time for a signaling vessel that made
[USCG20081175, 74 FR 29947, June 24, 2009]
prior arrangements for a delayed open-
ing. A vessel may make prior arrange- 117.1025 York River.
ments for a delayed opening by con-
(a) The Coleman Memorial bridge,
tacting the Berkley Bridge Traffic Con-
mile 7.0, at Yorktown, shall open on
trol room at (757) 4942490.
signal; except from 5 a.m. to 8 a.m. and
[CGD 82025, 49 FR 43463, Oct. 29, 1984, as 3 p.m. to 7 p.m., Monday through Fri-
amended by CGD 058813, 53 FR 20321, June day, except Federal holidays, the
3, 1988; CGD 58943, 54 FR 30039, July 18, 1989; bridge shall remain closed to naviga-
CGD590023, 55 FR 23434, June 8, 1990;
tion.
CGD0504209, 70 FR 22254, Apr. 29, 2005;
CGD0505049, 70 FR 68337, Nov. 10, 2005; (b) The bridge shall be opened at any-
USCG20090754, 75 FR 47464, Aug. 6, 2010] time for vessels in an emergency which
presents danger to life or property.
EFFECTIVE DATE NOTE: At 75 FR 47464, Aug.
6, 2010, 117.1007 was amended by suspending [CGD0593054, 59 FR 5954, Feb. 9, 1994, as
paragraphs (b) and (c) and adding new para- amended by CGD0595023, 60 FR 31247, June
graph (d), effective Sept. 4, 2010 through Oct. 14, 1995]
5, 2012.
WASHINGTON
117.1011 Great Wicomico River.
117.1031 Chehalis River.
at Tipers, shall open on signal; except The draw of the U.S. 101 highway
that, if an opening is desired from 6 bridge, mile 0.1, at Aberdeen shall open
p.m. to 6 a.m., the drawtender on duty on signal if at least one-hour notice is
shall be notified before 6 p.m. given at all times by telephone to the
Washington State Department of
117.1013 Kinsale Creek. Transportation.
The draw of the state highway [USCG20090959, 75 FR 16004, Mar. 31, 2010]
bridge, mile 4.0, at Kinsale need not be
opened for the passage of vessels. 117.1035 Columbia River.
(a) The term drawtender, as used in
117.1015 Mattaponi River. this section means the operator of the
The draws of the Lord Delaware (S33) drawspan, whether that person may be
bridge, mile 0.8 at West Point, and the a train crew member, maintenance per-
S629 bridge, mile 28.5 at Walkerton, son, or an officially designated
shall open on signal if at least 24 hours drawtender.
notice is given. The drawtender service (b) The draw of the semi-automated
for either bridge shall be increased to Union Pacific railroad bridge (Kalan
the degree determined to be adequate Bridge), mile 323.4, near Kennewick,
within 30 days after written notice is Washington, is normally maintained in
received from the District Commander the fully open position with no
to do so. drawtender in attendance. A radar bea-
con (RACON) is located at the center of
117.1021 North Landing River. the drawspan. The RACON operates
The draw of the S165 bridge, mile 20.2 only when the drawspan is fully open,
at Chesapeake, shall open on signal; ex- by responding with the Morse letter
cept that, from 6 a.m. to 7 p.m., the K to X-band radar signals. When nec-
draw need be opened only on the hour essary to close the drawspan for the
641
117.1037 33 CFR Ch. I (7112 Edition)
passage of a train or for maintenance, (6) After a train has cleared the
a drawtender shall be dispatched to op- bridge, the following functions occur
erate the draw from either of the re- automatically: The drawspan returns
mote control stations located at the to the fully open and locked position,
ends of the bridge. Operation of the the RACON is reactivated, the arrow
bridge shall be as follows: display and the red strobe lights are
(1) The drawtender shall broadcast a extinguished, the red centerspan navi-
radio message over Channel 16VHF to gation lights return to green and a re-
all vessels in the vicinity that the corded message is broadcast over Chan-
Kalan Bridge will be closing in two nel 13VHF that the Kalan Bridge is
minutes. If after two minutes no reopen for marine traffic.
sponse is received, the drawtender shall (7) Bridge status information may be
broadcast a message over Channel 13 obtained by calling the commercial
VHF that the Kalan Bridge is closing. telephone number posted at the
Both messages shall be broadcast drawspan of the bridge.
twice. (c) The draw of the Burlington North-
(2) Prior to activating the closing se- ern Santa Fe railroad bridge at mile
quence the drawtender shall visually 328.0, between Pasco and Kennewick,
inspect the waterway for marine traffic shall open on signal from 8 a.m. to 4
approaching the bridge. The closing se- p.m. At all other times the draw shall
quence shall not be activated until open on signal if at least 2 hours no-
after marine traffic has cleared the tice is given through the General
bridge. Yardmaster, Pasco, Washington.
(3) When the closing sequence is acti-
vated, the following functions occur [CGD13 9202, 57 FR 37712, Aug. 20, 1992]
automatically: The RACON is deacti-
vated, red strobe lights on the lift tow- 117.1037 Cowlitz River.
ers and on the channel piers start (a) The draw of the Burlington
flashing, a downward pointing arrow Northern Santa Fe railroad bridge,
consisting of amber colored lights is mile 1.5, shall operate as follows:
displayed from the center of the (1) The draw shall open on signal if at
drawspan and a recorded message is least 24 hours notice is given.
broadcast over Channel 13VHF advis- (2) In the event of an emergency de-
ing that the Kalan Bridge is closed to clared by the Cowlitz County Depart-
river traffic. The radio message is re- ment of Emergency Services, the
peated every five minutes, the red bridge shall be capable of opening upon
lights continue to flash and the down- two hours notice. Notification of emer-
ward pointing arrow is displayed, until gencies and requests for openings dur-
the lift span returns to the up and ing emergencies are initiated through
locked position. At the end of the ten the Cowlitz County Department of
minutes, a horn sounds for 30 seconds, Emergency Services.
the span begins closing and the (3) The operating machinery of the
centerspan navigation lights turn from draw shall be maintained in a service-
green to red. The horn sounds for 30 able condition and the draw shall be
seconds at 10 minute intervals, until opened and closed at intervals frequent
the lift span returns to the up and enough to make certain that the ma-
locked position. chinery is in proper order for satisfac-
(4) If for any reason during the clos- tory operation.
ing sequence a danger is posed to ma- (4) During periods of fog or similar
rine traffic, the closing sequence shall periods of reduced visibility, the
be stopped and the bridge reopened drawtender, after acknowledging the
until the threat of danger has passed. signal to open, shall toll a bell continu-
(5) If the bridge is to be temporarily ously during the approach and passage
closed for maintenance or for purposes of the vessel.
other than the passage of a train, the
(b) The draw of the Allen Street
drawtender shall continually monitor
Bridge, mile 5.5, need not open for the
Channels 13 and 16 for calls from ap-
passage of vessels.
proaching vessels, and respond to in-
quiries from vessels about the closure. [CGD13 9101, 56 FR 23518, May 22, 1991]
642
117.1041 Duwamish Waterway. (a) The draw shall open on signal if

at least one hours notice is given. The
(a) The draws of each bridge across
draw shall be opened horizontally for
the Duwamish Waterway shall open on
300 feet unless the maximum opening of
signal, except as follows:
600 feet is requested.
(1) From Monday through Friday, ex- (b) The draw of the Hood Canal
cept all Federal holidays but Columbus Bridge, mile 5.0, need not open for ves-
Day, the draws of the First Avenue sel traffic from 3 p.m. to 6:15 p.m. daily
South Bridges, mile 2.5, need not be from 3 p.m. May 22 to 6:16 p.m. Sep-
opened for the passage of vessels from tember 30, except for commercial tug
6 a.m. to 9 a.m. and from 3 p.m. to 6 and tow vessels and vessels of the U.S.
p.m., except: The draws shall open at Navy or vessels attending the missions
any time for a vessel of 5000 gross tons of the U.S. Navy and other public ves-
and over, a vessel towing a vessel of sels of the United States. At all other
5000 gross tons and over, and a vessel times the bridge will operate in accord-
proceeding to pick up for towing a ves- ance with paragraph (a) of this section.
sel of 5000 gross tons and over. (c) Telephone requests for bridge
(2) The draw of the South Park high- openings may be directed as collect
way bridge, mile 3.8, need not be calls to the Toll Office at the bridge
opened for the passage of vessels from site. The call may also be made by di-
6:30 a.m. to 8:00 a.m. and 3:30 p.m. to rect telephone communication through
5:00 p.m., Monday through Friday, ex- the Seattle Marine Operator, Station
cept Federal holidays. KOH, or through other marine wire or
(b) The following bridges shall open radio telephone service.
on the specified signals: (d) During unusual or emergency pe-
(1) Burlington Northern Santa Fe riods, the authorized representative of
railroad bridge, mile 0.4, and South- the owner of or agency controlling the
west Spokane Street bridge, mile 0.3, bridge shall open the draw on a demand
one prolonged blast followed quickly basis for specified periods of time, nor-
by three short blasts. mally not exceeding 48 hours, when re-
(2) Burlington Northern Santa Fe quested by the Department of the
railroad bridge, mile 0.4, one prolonged Navy. While on a demand basis, a
blast followed quickly by one short drawtender shall be in attendance on
blast. the bridge with radio communication
(3) First Avenue South bridge, mile equipment in operation.
2.5, three prolonged blasts.
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
(4) South Park highway bridge, mile amended by CGD13 8413, 49 FR 35628, Sept.
3.8, one prolonged blast followed quick- 11, 1984; CGD1395011, 62 FR 43097, Aug. 12,
ly by one short blast and one prolonged 1997; USCG20120074, 77 FR 28769, May 16,
blast. 2012]
(c) When fog prevails by day or by
night, the drawtender of bridges listed 117.1047 Hoquiam River.
in this section, after giving the ac- (a) When fog prevails by day or night,
knowledging signal to open, shall toll a the drawtender of each bridge listed in
bell continuously during the approach this section, after giving the acknowl-
and passage of vessels. edging signal to open, shall toll a bell
continuously during the approach and
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
amended by CGD13 8414, 49 FR 35498, Sept.
passage of vessels.
10, 1984; CGD13 813, 49 FR 35628, Sept. 11, (b) The draw of the Puget Sound and
1984; CGD13 8412, 50 FR 10228, Mar. 14, 1985; Pacific railroad bridge, mile 0.3 at
CGD13 8501, 50 FR 30271, July 25, 1985; CGD13 Hoquiam, shall be maintained in the
9105, 56 FR 41284, Aug. 20, 1991; CGD1399005, fully open position except for the pas-
66 FR 33025, June 20, 2001; USCG200212471, 67 sage of trains or for maintenance.
FR 41332, June 18, 2002] When the draw of the bridge is closed
and the visibility at the drawtenders
117.1045 Hood Canal. station is less than one mile up or
The draw of the Washington State down the channel, the drawtender shall
pontoon highway bridge near Port sound two long blasts every minute.
Gamble operates as follows: When the draw is reopened, the
643
117.1049 33 CFR Ch. I (7112 Edition)
drawtender shall sound one long blast able self-propelled vessel while passing
followed by one short blast. the draw.
(c) The draw of the Simpson Avenue (c) The draw of the Burlington North-
Bridge, mile 0.5, at Hoquiam, shall ern Santa Fe railroad bridge, mile 0.1,
open on signal if at least one hour no- shall open on signal.
tice is given by telephone to the Wash- (d) The draws of the Ballard Bridge,
ington State Department of Transpor- mile 1.1, Fremont Bridge, mile 2.6, and
tation. The opening signal is two pro- University Bridge, mile 4.3, shall open
longed blasts followed by one short on signal, except that:
blast.
(1) The draws need not be opened for
(d) The draw of the Riverside Avenue a period of up to 10 minutes after re-
Bridge, mile 0.9, at Hoquiam, shall
ceiving an opening request, if needed to
open on signal if at least one hour no-
pass accumulated vehicular traffic.
tice is given by telephone to the Wash-
ington State Department of Transpor- However, the draws shall open without
tation. The opening signal is two pro- delay, when requested by vessels en-
longed blasts followed by two short gaged in towing operations.
blasts. (2) The draws need not open from 7
a.m. to 9 a.m. and from 4 p.m. to 6 p.m.
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as Monday through Friday, except all
amended by CGD13 8411, 49 FR 46548, Nov. 27,
1984; CGD13 8515, 51 FR 2395, Jan. 16, 1986;
Federal holidays but Columbus Day for
CCGD1393019, 58 FR 44613, Aug. 24, 1993; any vessel of less than 1000 tons, unless
USCG20081095, 74 FR 12552, Mar. 25, 2009] the vessel has in tow a vessel of 1000
gross tons or over.
117.1049 Lake Washington. (3) Between the hours of 11 p.m. and
The draw of the Evergreen Point 7 a.m. the draws shall open if at least
Floating Bridge between Seattle and one hour notice is given by telephone,
Bellevue shall operate as follows: radiotelephone, or otherwise to the
(a) The draw shall open on signal if drawtender at the Fremont Avenue
at least two hours notice is given. Bridge.
(b) Telephone requests for bridge (e) The draw of the Montlake Bridge,
opening may be directed as collect mile 5.2, shall open on signal, except
calls to the Highway Radio or made by that:
direct telephone communication (1) The draw need not open for a pe-
through the Seattle Marine Operator, riod of up to 10 minutes after receiving
Station KOH, or through other marine an opening request, if needed to pass
wire or radiotelephone service. accumulated vehicular traffic. How-
(c) The draw need not be opened from ever, the draw shall open without
5 a.m. to 9 p.m. Monday through Fri- delay, when requested by vessels en-
day, except for all Federal holidays gaged in towing operations.
other than Columbus Day. (2) For any vessel or watercraft of
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as less than 1,000 gross tons, unless the
amended by CGD13 8413, 49 FR 35628, Sept. vessel has in tow a vessel of 1,000 gross
11, 1984; CGD1394039, 60 FR 54434, Oct. 24, tons or over, from Monday through
1995]
Friday, except Federal Holidays:
117.1051 Lake Washington Ship (i) The draw need not open from 7
Canal. a.m. to 9 a.m. and from 3:30 p.m. to 6:30
p.m. from April 30 to September 1 and
(a) When fog prevails by day or by
from 7 a.m. to 10 a.m. and from 3:30
night, the drawtender of each bridge
listed in this section, after giving the p.m. to 7 p.m. from September 1 to
acknowledging signal to open, shall April 30.
toll a bell continuously during the ap-
proach and passage of vessels.
(b) All non-self-propelled vessels,
craft, or rafts navigating this water-
way for which the opening of any draw
is necessary shall be towed by a suit-
644
(ii) The draw need open only on the at the center of the drawspan on both
hour and half hour from 12:30 p.m. to upstream and downstream sides.
3:30 p.m. and from 6 p.m. to 6:30 p.m. (4) A similar set of red, green, and
yellow lights shall be displayed on a re-
[CGD 82025, 49 FR 17452, Apr. 24, 1984, as
mote lighting panel located near the
1984; CGD13 8413, 49 FR 35628, Sept. 11, 1984; north end, upstream side, of the Wash-
CGD13 8602, 51 FR 18788, May 22, 1986; CGD 13 ington State highway bridge at mile
8803, 53 FR 10535, April 1, 1988; CGD13 8906, 2.2. These lights shall be synchronized
54 FR 52798, Dec. 22, 1989; CGD 96026, 61 FR with the lights on the railroad bridge
33664, June 28, 1996; CGD1399005, 66 FR and shall be visible to vessels traveling
33026, June 20, 2001; CGD1302012, 68 FR downstream throughout the passage of
53051, Sept. 9, 2003] the channel adjacent to Strawberry Is-
land.
117.1053 Lewis River. (c) Operation. When a train ap-
The draw of the Burlington Northern proaches the bridge, the yellow lights
Santa Fe railroad bridge, mile 2.0 at shall start flashing. After an eight-
Woodland, need not be opened for the minute delay, the green lights shall
passage of vessels. change to red, the drawspan shall lower
and lock, and the yellow lights shall be
117.1055 Skagit River. extinguished. Red lights shall continue
The draws of all bridges across the to be displayed until the train has
Skagit river need not be opened for the crossed and the drawspan is again in
passage of vessels. However, the draws the fully open position. At that time,
shall be returned to operable condition the red lights shall change green.
within one year after notification by (d) Vessels equipped with radio-
the District Commander to do so. telephones may contact Burlington
Northern Santa Fe to obtain informa-
117.1057 Skamokawa Creek. tion on the status of the bridge. Bridge
status information also may be ob-
The draw of the Washington State
tained by calling the commercial tele-
highway bridge at Skamokawa need
phone number posted at the drawspan
not be opened for the passage of ves-
of the bridge.
sels.
[CGD13 8405, 49 FR 43956, Nov. 1, 1984]
[CGD 82025, 49 FR 17452, Apr. 24, 1984; 49 FR
43463, Oct. 29, 1984] 117.1059 Snohomish River, Steam-
boat Slough, and Ebey Slough.
117.1058 Snake River.
(a) Drawtenders of bridges listed in
(a) The draw of the Burlington this section shall acknowledge sound
Northern Santa Fe railroad bridge signals as follows:
across the Snake River at mile 1.5 be- (1) When draw can be opened imme-
tween Pasco and Burbank is automated diately, two prolonged blasts followed
and is normally maintained in the fully by one short blast or three loud and
open to navigation position. distinct strokes of a bell.
(b) Lights. All lights required for (2) When draw cannot be opened im-
automated operation shall be visible mediately, or when it is open and must
for a distance of at least 2 miles and be closed promptly, two prolonged
shall be displayed at all times, day and blasts or two loud and distinct strokes
night. of a bell. This signal may also be used
(1) When the draw is fully open, a by a vessel to countermand its call sig-
steady green light shall be displayed at nal.
the center of the drawspan on both up- (b) When fog prevails by day or by
stream and downstream sides. night, the drawtender of each bridge
(2) When the draw is not fully open, a listed in this section, after giving the
steady red light shall be displayed at acknowledging signal to open, shall
the center of the drawspan on both up- toll a bell continuously during the ap-
stream and downstream sides. proach and passage of vessels.
(3) When the draw is about to close, (c) The draws of the twin, SR 529,
flashing yellow lights in the form of a highway bridges across the Snohomish
down-pointing arrow shall be displayed River, mile 3.6, at Everett shall open
645
117.1061 33 CFR Ch. I (7112 Edition)
on signal if at least one-hour notice is rine radio, telephone, or other means,

given. On weekdays, Monday through to the drawtender at this bridge, and at
Friday, notice for openings shall be all other times to the drawtender at
given by marine radio, telephone, or the SR 529 bridges across the Snoho-
other means to the drawtender at the mish River at Everett. During freshets,
SR 529 highway bridge across Ebey a drawtender shall be in constant at-
Slough, at Marysville, and at all other tendance and the draws shall open on
times to the drawtender at the twin SR signal when so ordered by the District
529 bridges a

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Title 33

Navigation and Navigable Waters

Revised as of July 1, 2012

Containing a codification of documents

Published by the Office of the Federal Register

Legal Status and Use of Seals and Logos

Use of ISBN Prefix

U.S. GOVERNMENT PRINTING OFFICE

U.S. Superintendent of Documents Washington, DC 204020001

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

Table of CFR Titles and Chapters ....................................................... 667

Alphabetical List of Agencies Appearing in the CFR ......................... 687

List of CFR Sections Affected ............................................................. 697

To cite the regulations in

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

CHAPTER ICoast Guard, Department of Homeland Security 1

ABBREVIATIONS USED IN THIS CHAPTER:

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

Special Note: Application of the 72 COLREGS to

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

95 Operating a vessel while under the influence of al-

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

101 Maritime security: General ..................................... 318

109 General .................................................................... 410

114 General .................................................................... 525

120 Security of passenger vessels .................................. 659

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

1.011 District Commander. (1) Licensing, credentialing,

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

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

(iv) The establishment of Regulated porary deviations from drawbridge op-

significant regulatory projects require 1.0520 Petitions for rulemaking.

Docket Management Facility main- proposed rulemaking. The supple-

or other association, or a governmental 1.0711 Notice of violation.

1.0730 Disclosure of evidence. the Hearing Officer directs all further

1.0740 Counsel. 1.0755 Hearing procedures.

1.0770 Right to appeal. 1.0780 Reopening of hearings.

Subpart 1.10Public Availability Subpart 1.20Testimony by Coast

personnel for the district (i.e., machin- PART 2JURISDICTION

another nation, as declared in Presi- States and other nations, as well as

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

3.351 Seventh district. Subpart 3.65Thirteenth Coast Guard

Subpart 3.01General Provisions mander is responsible for all Coast

Subpart 3.04Coast Guard Areas Subpart 3.05First Coast Guard

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

north to latitude 412500 N, longitude Marine Inspection Zone and Captain of

N. latitude (just south of the Shrews- W; thence east to the intersection of

Tennessee boundary to the intersection gitude 773152 W; thence east along

Subpart 3.35Seventh Coast Miamis Marine Inspection Zone and

W; thence east to the outermost extent aries of Sector Jacksonvilles Marine

MS, at the Mississippi-Tennessee bor- thence west along latitude 310000 N

3.5510 Sector Los Angeles-Long 3.5520 Sector San Francisco: San

Subpart 3.65Thirteenth Coast along this latitude to the eastern Idaho

latitude 561450 N, longitude 1420000 4.01 Purpose.

5.09 Eligibility for membership. 5.19 Training.

5.41 Emergencies. take all proper precautions to protect

Guard may be reimbursed for the ac- 5.63 Insignia.

6.012 District Commander. Subpart 6.04General Provisions

6.046 Establishing security zones; Subpart 6.10Identification and

Subpart 6.14Security of Water- and to the captain of the port, or to