Navigation Regulations ■ Chapter 2 ■ 93 (1561) Segregated ballast means the ballast water intro- (1576) (1) The authorized CS must have each Coast Guard duced into a tank that is completely separated from the regulation that is applicable to foreign vessels on the cargo oil and fuel oil system and that is permanently al- navigable waters of the United States. located to the carriage of ballast. (1577) (2) Each issue concerning equivalents to the regu- (1562) Slop tank means a tank specifically designated for lations in this part must be referred to the Coast Guard the collection of cargo drainings, washings, and other for determination. oily mixtures. (1578) (3) Copies of any plans, calculations, records of in- (1563) Tank means an enclosed space that is formed by the spections, or other documents relating to any plan re- permanent structure of a vessel, and designed for the view, inspection, or certification performed to meet carriage of liquid in bulk. this part must be made available to the Coast Guard. (1564) Tank barge means a tank vessel not equipped with a (1579) (4) Each document certified under §§157.116(a)(2), means of self-propulsion. 157.118(b)(1)(ii), and 157.216(b)(1)(ii) must be marked with the name or seal of the authorized CS. (1565) Tank vessel means a vessel that is constructed or adapted primarily to carry, or that carries, oil or haz- (1580) (5) A copy of the final documentation that is issued ardous material in bulk as cargo or cargo residue, and to each vessel that is certified under this part must be that— referred to the Commandant (CG-543), U.S. Coast Guard, 2100 2nd St. SW, Stop 7581, Washington, D.C. (1566) (1) Is a vessel of the United States; 20593-7581. (1567) (2) Operates on the navigable waters of the United Subpart B–Design,Equipment,and Installation States; or (1568) (3) Transfers oil or hazardous material in a port or §157.08 Applicability of Subpart B. (1581) NOTE: An “oil tanker” as defined in §157.03 in- place subject to the jurisdiction of the United States. This does not include an offshore supply vessel, or a cludes barges as well as self-propelled vessels. fishing vessel or fish tender vessel of not more than 750 (1582) (a) Sections 157.10d and 157.11(g) apply to each gross tons when engaged only in the fishing industry. (1569) Tankship means a tank vessel propelled by me- vessel to which this part applies. chanical power or sail. (1583) (b) Sections 157.11 (a) through (f), 157.12, 157.15, (1570) Vegetable oil means a non-petroleum oil or fat not specifically identified elsewhere in this part that is de- 157.19(b)(3), 157.33, and 157.37 apply to each vessel to rived from plant seeds, nuts, kernels, or fruits. which this part applies that carries 200 cubic meters or (1571) Wing tank means a tank that is located adjacent to more of crude oil or products in bulk as cargo, as well the side shell plating. as to each oceangoing oil tanker to which this part ap- plies of 150 gross tons or more. These sections do not §157.04 Authorization of classification societies. apply to a foreign vessel which remains beyond the nav- (1572) (a) The Coast Guard may authorize any classifica- igable waters of the United States and does not transfer oil cargo at a port or place subject to the jurisdiction of tion society (CS) to perform certain plan reviews, cer- the United States. tifications, and inspections required by this part on (1584) (c) Section 157.21 applies to each oil tanker to vessels classed by that CS except that only U.S. classifi- which this part applies of 150 gross tons or more that is cation societies may be authorized to perform those oceangoing or that operates on the Great Lakes. This plan reviews, inspections, and certifications for U.S. section does not apply to a foreign vessel which re- vessels. mains beyond the navigable waters of the United States (1573) (b) If a CS desires authorization to perform the and does not transfer oil cargo at a port or place subject plan reviews, certifications, and inspections required to the jurisdiction of the United States. under this part, it must submit to the Commandant (1585) (d) Sections in subpart B of 33 CFR part 157 that (CG-543), U.S. Coast Guard, 2100 2nd St. SW, Stop are not specified in paragraphs (a) through (c) of this 7581, Washington, DC 20593-7581, evidence from the section apply to each oceangoing oil tanker to which governments concerned showing that they have autho- this part applies of 150 gross tons or more, unless oth- rized the CS to inspect and certify vessels on their be- erwise indicated in paragraphs (e) through (m) of this half under the MARPOL 73/78. section. These sections do not apply to a foreign vessel (1574) (c) The Coast Guard notifies the CS in writing which remains beyond the navigable waters of the whether or not it is accepted as an authorized CS. If au- United States and does not transfer oil cargo at a port or thorization is refused, reasons for the refusal are in- place subject to the jurisdiction of the United States. cluded. (1575) (d) Acceptance as an authorized CS terminates un- less the following are met:
94 ■ Chapter 2 ■ Volume 2 (1586) (e) Sections 157.11 (a) through (f), 157.12, and (1607) (i) Between ports or places within the United 157.15 do not apply to a vessel, except an oil tanker, States, its territories or possessions; that carries less than 1,000 cubic meters of crude oil or products in bulk as cargo and which retains oil mix- (1608) (ii) Of less than 72 hours in length; and tures on board and discharges them to a reception fa- (1609) (iii) At all times within 50 nautical miles of the cility. nearest land. (1587) (f) Sections 157.11 (a) through (f), 157.12, 157.13, (1610) (n) Section 157.10d does not apply to: and 157.15 do not apply to a tank vessel that carries (1611) (1) A vessel that operates exclusively beyond the only asphalt, carbon black feedstock, or other products with similar physical properties, such as specific gravity navigable waters of the United States and the United and cohesive and adhesive characteristics, that inhibit States Exclusive Economic Zone, as defined in 33 effective product/water separation and monitoring. U.S.C. 2701(8); (1612) (2) An oil spill response vessel; (1588) (g) Sections 157.11 (a) through (f), 157.12, 157.13, (1613) (3) Before January 1, 2015– 157.15, and 157.23 do not apply to a tank barge that (1614) (i) A vessel unloading oil in bulk as cargo at a deep- cannot ballast cargo tanks or wash cargo tanks while water port licensed under the Deepwater Port Act of underway. 1974 (33 U.S.C. 1501 et seq.); or (1615) (ii) A delivering vessel that is offloading oil in bulk (1589) (h) Sections 157.19 and 157.21 do not apply to a as cargo in lightering activities– tank barge that is certificated by the Coast Guard for (1616) (A) Within a lightering zone established under 46 limited short protected coastwise routes if the barge is U.S.C. 3715(b)(5); and otherwise constructed and certificated for service ex- (1617) (B) More than 60 miles from the territorial sea base clusively on inland routes. line, as defined in 33 CFR 2.20. (1618) (4) A vessel documented under 46 U.S.C., Chapter (1590) (i) Section 157.09(d) does not apply to any: 121, that was equipped with a double hull before Au- (1591) (1) U.S. vessel in domestic trade that is constructed gust 12, 1992; (1619) (5) A barge of less than 1,500 gross tons as mea- under a contract awarded before January 8, 1976; sured under 46 U.S.C., Chapter 145, carrying refined (1592) (2) U.S. vessel in foreign trade that is constructed petroleum in bulk as cargo in or adjacent to waters of the Bering Sea, Chukchi Sea, and Arctic Ocean and wa- under a contract awarded before April 1, 1977; or ters tributary thereto and in the waters of the Aleutian (1593) (3) Foreign vessel that is constructed under a con- Islands and the Alaskan Peninsula west of 155 degrees west longitude; or tract awarded before April 1, 1977. (1620) (6) A vessel in the National Defense Reserve Fleet (1594) (j) Sections 157.09 and 157.10a do not apply to a pursuant to 50 App. U.S.C. 1744. new vessel that: §157.10d Double hulls on tank vessels. (1595) (1) Is constructed under a building contract (1621) (a) With the exceptions stated in §157.08(n), this awarded after June 1, 1979; section applies to a tank vessel— (1596) (2) In the absence of a building contract, has the (1622) (1) For which the building contract is awarded af- keel laid or is at a similar stage of construction after ter June 30, 1990; or January 1, 1980; (1623) (2) That is delivered after December 31, 1993; (1597) (3) Is delivered after June 1, 1982; or (1624) (3) That undergoes a major conversion for which; (1598) (4) Has undergone a major conversion for which: (1625) (i) The contract is awarded after June 30, 1990; or (1599) (i) The contract is awarded after June 1, 1979; (1626) (ii) Conversion is completed after December 31, (1600) (ii) In the absence of a contract, conversion is be- gun after January 1, 1980; or 1993; or (1601) (iii) Conversion is completed after June 1, 1982. (1627) (4) That is otherwise required to have a double hull (1602) (k) Sections 157.09(b)(3), 157.10(c)(3), 157.10a(d)(3), and 157.10b(b)(3) do not apply to tank barges. by 46 U.S.C. 3703a(c). (1603) (1) Section 157.10b does not apply to tank barges if (1628) NOTE: 46 U.S.C. 3703a(c) is shown in appendix G they do not carry ballast while they are engaged in trade involving the transfer of crude oil from an off- to this part. shore oil exploitation or production facility on the (1629) (b) Each vessel to which this section applies must Outer Continental Shelf of the United States. (1604) (m) Section 157.12 does not apply to a U.S. vessel be fitted with: that: (1630) (1) A double hull in accordance with this section; (1605) (1) Is granted an exemption under Subpart F of this part; or and (1606) (2) Is engaged solely in voyages that are:
Navigation Regulations ■ Chapter 2 ■ 95 (1631) (2) If §157.10 applies, segregated ballast tanks and meter (30 in.), provided that the double bottom was fit- a crude oil washing system in accordance with that sec- ted under a construction or conversion contract tion. awarded prior to June 30, 1990. (1641) (3) For a vessel built under a contract awarded after (1632) (c) Except on a vessel to which §157.10d(d) applies, September 11, 1992, within the turn of the bilge or at tanks within the cargo tank length that carry any oil cross sections where the turn of the bilge is not clearly must be protected by double sides and a double bottom defined, tanks containing oil must be located inboard as follows: of the outer shell— (1642) (i) For a vessel of 5,000 DWT and above: At levels up (1633) (1) Double sides must extend for the full depth of to 1.5h above the base line, not less than the distance h, the vessel’s side or from the uppermost deck, disregard- as shown in Figure 157.10d(c) and specified in Para- ing a rounded gunwale where fitted, to the top of the graph (c)(2) of this section. At levels greater than 1.5h double bottom. At any cross section, the molded width above the base line, not less than the distance w, as of the double side, measured at right angles to the side shown in Figure 157.10d(c) and specified in Paragraph shell plating, from the side of tanks containing oil to (c)(1) of this section. the side shell plating, must not be less than the dis- (1643) (ii) For a vessel of less than 5,000 DWT: Not less tance w as shown in Figure 157.10d(c) and specified as than the distance h above the line of the mid-ship flat follows: bottom, as shown in Figure 157.10d(c)(3)(ii) and speci- fied in Paragraph (c)(2) of this section. At levels greater (1634) (i) For a vessel of 5,000 DWT and above: than h above the line of the mid-ship flat bottom, not w=[0.5+(DWT/20,000)] meters; or, w=2.0 meters (79 less than the distance w, as shown in Figure in.), whichever is less, but in no case less than 1.0 me- 157.10d(c)(3)(ii) and specified in Paragraph (c)(1) of ter (39 in.). this section. (1644) (4) For a vessel to which §157.10(b) applies that is (1635) (ii) For a vessel of less than 5,000 DWT: built under a contract awarded after September 11, w=[0.4+(2.4)(DWT/20,000)] meters, but in no case less 1992. than 0.76 meter (30 in.). (1645) (i) The aggregate volume of the double sides, dou- ble bottom, forepeak tanks, and afterpeak tanks must (1636) (iii) For a vessel to which Paragraph (a)(4) of this not be less than the capacity of segregated ballast tanks section applies: w=0.76 meter (30 in.), provided that required under §157.10(b). Segregated ballast tanks the double side was fitted under a construction or con- that may be provided in addition to those required un- version contract awarded prior to June 30, 1990. der §157.10(b) may be located anywhere within the vessel. (1637) (2) At any cross section, the molded depth of the (1646) (ii) Double side and double bottom tanks used to double bottom, measured at right angles to the bottom meet the requirements of §157.10(b) must be located shell plating, from the bottom of tanks containing oil as uniformly as practicable along the cargo tank to the bottom shell plating, must not be less than the length. Large inboard extensions of individual double distance h as shown in Figure 157.10d(c) and specified side and double bottom tanks, which result in a reduc- as follows: tion of overall side or bottom protection, must be avoided. (1638) (i) For a vessel of 5,000 DWT and above: h=B/15; or, h=2.0 meters (79 in.), whichever is less, but in no case less than 1.0 meter (39 in.). (1639) (ii) For a vessel of less than 5,000 DWT: h=B/15, but in no case less than 0.76 meter (30 in.). (1640) (iii) For a vessel to which Paragraph (a)(4) of this section applies: h=B/15; or, h=2.0 meters (79 in.), whichever is the lesser, but in no case less than 0.76
96 ■ Chapter 2 ■ Volume 2 (1647) (d) A vessel of less than 10,000 DWT that is con- Subpart G–Interim Measures for Certain structed and certificated for service exclusively on in- Tank Vessels Without Double Hulls Carrying land or limited short protected coastwise routes must Petroleum Oils be fitted with double sides and a double bottom as fol- lows: §157.400 Purpose and applicability. (1660) (a) The purpose of this subpart is to establish man- (1648) (1) A minimum of 61 cm. (2 ft.) from the inboard side of the side shell plate, extending the full depth of datory safety and operational requirements to reduce the side or from the main deck to the top of the double environmental damage resulting from petroleum oil bottom, measured at right angles to the side shell; and spills. (1661) (b) This subpart applies to each tank vessel speci- (1649) (2) A minimum of 61 cm. (2 ft.) from the top of the fied in §157.01 of this part that— bottom shell plating, along the full breadth of the ves- (1662) (1) Is 5,000 gross tons or more; sel’s bottom, measured at right angles to the bottom (1663) (2) Carries petroleum oil in bulk as cargo or oil shell. cargo residue; and (1664) (3) Is not equipped with a double hull meeting (1650) (3) For a vessel to which Paragraph (a)(4) of this §157.10d of this part, or an equivalent to the require- section applies, the width of the double sides and the ments of §157.10d, but required to be equipped with a depth of the double bottom may be 38 cm. (15 in.), in double hull at a date set forth in 46 U.S.C. 3703a (b)(3) lieu of the dimensions specified in paragraphs (d)(1) and (c)(3). and (d)(2) of this section, provided that the double side and double bottom tanks were fitted under a construc- §157.445 Maneuvering performance capability. tion or conversion contract awarded prior to June 30, (1665) (a) A tankship owner or operator shall ensure that 1990. maneuvering tests in accordance with IMO Resolution (1651) (4) For a vessel built under a contract awarded after A.751(18), sections 1.2, 2.3-2.4, 3-4.2, and 5 (with Ex- September 11, 1992, a minimum 46 cm. (18 in.) clear- planatory Notes in MSC/Circ. 644) have been con- ance for passage between framing must be maintained ducted by July 29, 1997. Completion of maneuvering throughout the double sides and double bottom. performance tests must be shown by— (1666) (1) For a foreign flag tankship, a letter from the flag (1652) (e) Except as provided in Paragraph (e)(3) of this administration or an authorized classification society, section, a vessel must not carry any oil in any tank ex- as described in §157.04 of this part, stating the require- tending forward of: ments in Paragraph (a) of this section have been met; or (1653) (1) The collision bulkhead; or (1667) (2) For a U.S. flag tankship, results from the vessel (1654) (2) In the absence of a collision bulk-head, the owner confirming the completion of the tests or a letter from an authorized classification society, as de- transverse plane perpendicular to the centerline scribed in §157.04 of this part, stating the require- through a point located: ments in Paragraph (a) of this section have been met. (1655) (i) The lesser of 10 meters (32.8 ft.) or 5 percent of (1668) (b) If a tankship undergoes a major conversion or the vessel length, but in no case less than 1 meter (39 alteration affecting the control systems, control sur- in.), aft of the forward perpendicular; faces, propulsion system, or other areas which may be (1656) (ii) On a vessel of less than 10,000 DWT tons that is expected to alter maneuvering performance, the constructed and certificated for service exclusively on tankship owner or operator shall ensure that new ma- inland or limited short protected coastwise routes, the neuvering tests are conducted as required by Para- lesser of 7.62 meters (25 ft.) or 5 percent of the vessel graph (a) of this section. length, but in no case less than 61 cm. (2 ft.), aft of the (1669) (c) If a tankship is one of a class of vessels with headlog or stem at the freeboard deck; or identical propulsion, steering, hydrodynamic, and (1657) (iii) On each vessel which operates exclusively as a other relevant design characteristics, maneuvering box or trail barge, 61 cm. (2 ft.) aft of the headlog. performance test results for any tankship in the class (1658) (3) This Paragraph does not apply to independent may be used to satisfy the requirements of Paragraph fuel oil tanks that must be located on or above the main (a) of this section. deck within the areas described in paragraphs (e)(1) (1670) (d) The tankship owner or operator shall ensure and (e)(2) of this section to serve adjacent deck equip- that the performance test results, recorded in the for- ment that cannot be located further aft. Such tanks mat of Appendix 6 of the Explanatory Notes in must be as small and as far aft as is practicable. (1659) (f) On each vessel, the cargo tank length must not extend aft to any point closer to the stern than the dis- tance equal to the required width of the double side, as prescribed in §157.10d(c)(1) or §157.10d(d)(1).
Navigation Regulations ■ Chapter 2 ■ 97 MSC/Circ. 644., are prominently displayed in the Islands, the Commonwealth of the Northern Marianas wheelhouse. Islands, and any other commonwealth, territory, or (1671) (e) Prior to entering the port or place of destination possession of the United States. and prior to getting underway, the tankship master (1684) Tanker means a self-propelled tank vessel con- shall discuss the results of the performance tests with structed or adapted primarily to carry oil or hazardous the pilot while reviewing the anticipated transit and materials in bulk in the cargo spaces. the possible impact of the tankship’s maneuvering ca- (1685) Tank Vessel means a vessel that is constructed or pability on the transit. adapted to carry, or that carries, oil or hazardous mate- rial in bulk as cargo or cargo residue. Part 160–Ports and Waterways Safety-General (1686) Vehicle means every type of conveyance capable of being used as a means of transportation on land. Subpart A–General: (1687) Vessel means every description of watercraft or other artificial contrivance used, or capable of being §160.1 Purpose. used, as a means of transportation on water. (1672) Part 160 contains regulations implementing the (1688) Vessel Traffic Services (VTS) means a service im- plemented under Part 161 of this chapter by the United Ports and Waterways Safety Act (33 U.S.C. 1221) and re- States Coast Guard designed to improve the safety and lated statutes. efficiency of vessel traffic and to protect the environ- ment. The VTS has the capability to interact with ma- §160.3 Definitions. rine traffic and respond to traffic situations developing (1673) For the purposes of this subchapter: in the VTS area. (1674) Bulk means material in any quantity that is shipped, (1689) Vessel Traffic Service Area or VTS Area means the geographical area encompassing a specific VTS area of stored, or handled without the benefit of package, label, service as described in Part 161 of this chapter. This mark or count and carried in integral or fixed inde- area of service may be subdivided into sectors for the pendent tanks. purpose of allocating responsibility to individual Vessel (1675) Captain of the Port means the Coast Guard officer Traffic Centers or to identify different operating re- designated by the Commandant to command a Captain quirements. of the Port Zone as described in part 3 of this chapter. (1690) Note: Although regulatory jurisdiction is limited to (1676) Commandant means the Commandant of the United the navigable waters of the United States, certain ves- States Coast Guard. sels will be encouraged or may be required, as a condi- (1677) Deviation means any departure from any rule in tion of port entry, to report beyond this area to facilitate this subchapter. traffic management within the VTS area. (1678) Director, Vessel Traffic Services means the Coast (1691) VTS Special Area means a waterway within a VTS Guard officer designated by the Commandant to com- area in which special operating requirements apply. mand a Vessel Traffic Service (VTS) as described in part 161 of this chapter. §160.5 Delegations. (1679) District Commander means the Coast Guard offi- (1692) (a) District Commanders and Captains of the Ports cer designated by the Commandant to command a Coast Guard District as described in part 3 of this chap- are delegated the authority to establish safety zones. ter. (1693) (b) Under the provisions of 33 CFR 6.04-1 and (1680) ETA means estimated time of arrival. (1681) Length of Tow means, when towing with a hawser, 6.04-6, District Commanders and Captains of the Ports the length in feet from the stern of the towing vessel to have been delegated authority to establish security the stern of the last vessel in tow. When pushing ahead zones. or towing alongside, length of tow means the tandem (1694) (c) Under the provisions of 33 CFR 1.05-1, District length in feet of the vessels in tow excluding the length Commanders have been delegated authority to estab- of the towing vessel. lish regulated navigation areas. (1682) Person means an individual, firm, corporation, as- (1695) (d) Subject to the supervision of the cognizant Cap- sociation, partnership, or governmental entity. tain of the Port and District Commander, Diretors, Ves- (1683) State means each of the several States of the United sel Traffic Services are delegated authority under 33 States, the District of Columbia, the Commonwealth of CFR 1.01-30 to discharge the duties of the Captain of Puerto Rico, Guam, American Samoa, the United the Port that involve directing the operation, move- States Virgin Islands, the Trust Territories of the Pacific ment and anchorage of vessels within a Vessel Traffic Service area including management of vessel traffic within anchorages, regulated navigation areas and
98 ■ Chapter 2 ■ Volume 2 safety zones, and to enforce Vessel Traffic Service and representative to gather and submit documentation or ports and waterways safety regulations. This authority other evidence which would be necessary or helpful to may be exercised by Vessel Traffic Center personnel. a resolution of the appeal. A copy of this documentation The Vessel Traffic Center may, within the Vessel Traffic and evidence is made available to the appellant. The ap- Service area, provide information, make recommenda- pellant is afforded five working days from the date of re- tions, or to a vessel required under Part 161 of this ceipt to submit rebuttal materials. Following chapter to participate in a Vessel Traffic Service, issue submission of all materials, the Area Commander is- an order, including an order to operate or anchor as di- sues a ruling, in writing, on the appeal. Prior to issuing rected; require the vessel to comply with orders issued; the ruling, the Area Commander may, as a matter of specify times of entry, movement or departure; restrict discretion, allow oral presentation on the issues. operations as necessary for safe operation under the (1699) (d) Any person who receives an unfavorable ruling circumstances; or take other action necessary for con- on an appeal taken under paragraph (c) of this section, trol of the vessel and the safety of the port or of the ma- may appeal through the Area Commander to the Assis- rine environment. tant Commandant for Prevention (formerly known as the Assistant Commandant for Marine Safety, Security §160.7 Appeals. and Environmental Protection), U.S. Coast Guard, (1696) (a) Any person directly affected by a safety zone or (CG-5), 2100 2nd St. SW, Stop 7355, Washington, DC 20593-7355. The appeal must be in writing, except as an order or direction issued under this subchapter (33 allowed under paragraph (e) of this section. The Area CFR Subchapter P) may request reconsideration by the Commander forwards the appeal, all the documents official who issued it or in whose name it was issued. and evidence which formed the record upon which the This request may be made orally or in writing, and the order or direction was issued or the ruling under para- decision of the official receiving the request may be graph (c) of this section was made, and any comments rendered orally or in writing. which might be relevant, to the Assistant Commandant (1697) (b) Any person directly affected by the establish- for Prevention. A copy of this documentation and evi- ment of a safety zone or by an order or direction issued dence is made available to the appellant. The appellant by, or on behalf of, a Captain of the Port may appeal to is afforded five working days from the date of receipt to the District Commander through the Captain of the submit rebuttal materials to the Assistant Comman- Port. The appeal must be in writing, except as allowed dant for Prevention. The decision of the Assistant Com- under paragraph (e) of this section, and shall contain mandant for Prevention is based upon the materials complete supporting documentation and evidence submitted, without oral argument or presentation. The which the appellant wishes to have considered. Upon decision of the Assistant Commandant for Prevention receipt of the appeal, the District Commander may di- is issued in writing and constitutes final agency action. rect a representative to gather and submit documenta- (1700) (e) If the delay in presenting a written appeal would tion or other evidence which would be necessary or have significant adverse impact on the appellant, the helpful to a resolution of the appeal. A copy of this doc- appeal under paragraphs (b) and (c) of this section may umentation and evidence is made available to the ap- initially be presented orally. If an initial presentation of pellant. The appellant is afforded five working days the appeal is made orally, the appellant must submit from the date of receipt to submit rebuttal materials. the appeal in writing within five days of the oral presen- Following submission of all materials, the District tation to the Coast Guard official to whom the presen- Commander issues a ruling, in writing, on the appeal. tation was made. The written appeal must contain, at a Prior to issuing the ruling, the District Commander minimum, the basis for the appeal and a summary of may, as a matter of discretion, allow oral presentation the material presented orally. If requested, the official on the issues. to whom the appeal is directed may stay the effect of the (1698) (c) Any person directly affected by the establish- action while the ruling is being appealed. ment of a safety zone or by an order or direction issued by, or on behalf of, a District Commander, or who re- Subpart B–Control of Vessel and Facility ceives an unfavorable ruling on an appeal taken under Operations paragraph (b) of this section may appeal to the Area Commander through the District Commander. The ap- §160.101 Purpose. peal must be in writing, except as allowed under para- (1701) This subpart describes the authority exercised by graph (e) of this section, and shall contain complete supporting documentation and evidence which the ap- District Commanders and Captains of the Ports to in- pellant wishes to have considered. Upon receipt of the sure the safety of vessels and waterfront facilities, and appeal, the Area Commander may direct a
Navigation Regulations ■ Chapter 2 ■ 99 the protection of the navigable waters and the re- control, and disposition) of explosives or other danger- sources therein. The controls described in this subpart ous articles and substances, including oil or hazardous are directed to specific situations and hazards. material as those terms are defined in 46 U.S.C. 2101 on any structure on or in the navigable waters of the §160.103 Applicability. United States, or any land structure or shore area im- (1702) (a) This subpart applies to any– mediately adjacent to those waters; and (1703) (1) Vessel on the navigable waters of the United (1714) (2) Conduct examinations to assure compliance with the safety equipment requirements for structures. States, except as provided in paragraphs (b) and (c) of this section; §160.111 Special orders applying to vessel (1704) (2) Bridge or other structure on or in the navigable operations. waters of the United States; and (1715) Each District Commander or Captain of the Port (1705) (3) Land structure or shore area immediately adja- may order a vessel to operate or anchor in the manner cent to the navigable waters of the United States. directed when– (1706) (b) This subpart does not apply to any vessel on the (1716) (a) The District Commander or Captain of the Port Saint Lawrence Seaway. has reasonable cause to believe that the vessel is not in (1707) (c) Except pursuant to international treaty, con- compliance with any regulation, law or treaty; vention, or agreement, to which the United States is a (1717) (b) The District Commander or Captain of the Port party, this subpart does not apply to any foreign vessel determines that the vessel does not satisfy the condi- that is not destined for, or departing from, a port or tions for vessel operation and cargo transfers specified place subject to the jurisdiction of the United States in §160.113; or and that is in– (1718) (c) The District Commander or Captain of the Port (1708) (1) Innocent passage through the territorial sea of has determined that such order is justified in the inter- the United States; est of safety by reason of weather, visibility, sea condi- (1709) (2) Transit through the navigable waters of the tions, temporary port congestion, other temporary United States which form a part of an international hazardous circumstances, or the condition of the ves- strait. sel. §160.105 Compliance with orders. §160.113 Prohibition of vessel operation and (1710) Each person who has notice of the terms of an or- cargo transfers. (1719) (a) Each District Commander or Captain of the der issued under this subpart must comply with that Port may prohibit any vessel subject to the provisions order. of chapter 37 of Title 46, U.S. Code, from operating in the navigable waters of the United States, or from §160.107 Denial of entry. transferring cargo or residue in any port or place under (1711) Each District Commander or Captain of the Port, the jurisdiction of the United States, and within the dis- trict or zone of that District Commander or Captain of subject to recognized principles of international law, the Port, if the District Commander or the Captain of may deny entry into the navigable waters of the United the Port determines that the vessel’s history of acci- States or to any port or place under the jurisdiction of dents, pollution incidents, or serious repair problems the United States, and within the district or zone of that creates reason to believe that the vessel may be unsafe District Commander or Captain of the Port, to any ves- or pose a threat to the marine environment. sel not in compliance with the provisions of the Port (1720) (b) The authority to issue orders prohibiting opera- and Tanker Safety Act (33 U.S.C. 1221-1232) or the reg- tion of the vessels or transfer of cargo or residue under ulations issued thereunder. paragraph (a) of this section also applies if the vessel: (1721) (1) Fails to comply with any applicable regulation; §160.109 Waterfront facility safety. (1722) (2) Discharges oil or hazardous material in viola- (1712) (a) To prevent damage to, or destruction of, any tion of any law or treaty of the United States; (1723) (3) Does not comply with applicable vessel traffic bridge or other structure on or in the navigable waters service requirements; of the United States, or any land structure or shore area (1724) (4) While underway, does not have at least one deck immediately adjacent to those waters, and to protect officer on the navigation bridge who is capable of com- the navigable waters and the resources therein from municating in the English language. harm resulting from vessel or structure damage, de- struction, or loss, each District Commander or Captain of the Port may– (1713) (1) Direct the handling, loading, unloading, stor- age, and movement (including the emergency removal,
100 ■ Chapter 2 ■ Volume 2 (1725) (c) When a vessel has been prohibited from operat- §160.202 Applicability. ing in the navigable waters of the United States under (1735) (a) This subpart applies to U.S. and foreign vessels paragraphs (a) or (b) of this section, the District Com- mander or Captain of the Port may allow provisional bound for or departing from ports or places in the entry into the navigable waters of the United States, or United States. into any port or place under the jurisdiction of the (1736) (b) This subpart does not apply to recreational ves- United States and within the district or zone of that sels under 46 U.S.C. 4301 et seq. District Commander or Captain of the Port, if the (1737) (c) Unless otherwise specified in this subpart, the owner or operator of such vessel proves to the satisfac- owner, agent, master, operator, or person in charge of a tion of the District Commander or Captain of the Port, vessel regulated by this subpart is responsible for com- that the vessel is not unsafe or does not pose a threat to pliance with the requirements in this subpart. the marine environment, and that such entry is neces- (1738) (d) Towing vessels controlling a barge or barges re- sary for the safety of the vessel or the persons on board. quired to submit an NOA under this subpart must sub- mit only one NOA containing the information required (1726) (d) A vessel which has been prohibited from operat- for the towing vessel and each barge under its control. ing in the navigable waters of the United States, or from transferring cargo or residue in a port or place under §160.203 Exemptions. the jurisdiction of the United States under the provi- (1739) (a) Except for reporting notice of hazardous condi- sions of paragraph (a) or (b)(1), (2) or (3) of this sec- tion, may be allowed provisional entry if the owner or tions, the following vessels are exempt from require- operator proves, to the satisfaction of the District Com- ments in this subpart: mander or Captain of the Port that has jurisdiction, (1740) (1) Passenger and supply vessels when they are em- that the vessel is no longer unsafe or a threat to the en- ployed in the exploration for or in the removal of oil, vironment, and that the condition which gave rise to gas, or mineral resources on the continental shelf. the prohibition no longer exists. (1741) (2) Oil Spill Recovery Vessels (OSRVs) when en- gaged in actual spill response operations or during spill §160.115 Withholding of clearance. response exercises. (1727) (a) Each District Commander or Captain of the (1742) (3) Vessels operating upon the following waters: (1743) (i) Mississippi River between its sources and mile Port may request the Secretary of the Treasury, or the 235, Above Head of Passes; authorized representative thereof, to withhold or re- (1744) (ii) Tributaries emptying into the Mississippi River voke the clearance required by 46 U.S.C. App. 91 of any above mile 235; vessel, the owner or operator of which is subject to any (1745) (iii) Atchafalaya River above its junction with the penalties under 33 U.S.C. 1232. Plaquemine-Morgan City alternate waterway and the Red River; and Subpart C–Notification of Arrivals, Hazardous (1746) (iv) The Tennessee River from its confluence with Conditions, and Certain Dangerous Cargos the Ohio River to mile zero on the Mobile River and all other tributaries between those two points. §160.201 General. (1747) (b) If not carrying certain dangerous cargo or con- (1728) This subpart contains requirements and proce- trolling another vessel carrying certain dangerous cargo, the following vessels are exempt from NOA re- dures for submitting Notices of Arrival (NOA) and No- quirements in this subpart: tice of Hazardous Condition. The sections in this (1748) (1) Vessels 300 gross tons or less, except for foreign subpart describe: vessels entering any port or place in the Seventh Coast (1729) (a) Applicability and exemptions from require- Guard District as described in 33 CFR 3.35–1(b). ments in this subpart; (1749) (2) Vessels operating exclusively within a Captain (1730) (b) Required information in an NOA; of the Port Zone. (1731) (c) Required changes to an NOA; (1750) (3) Vessels arriving at a port or place under force (1732) (d) Methods and times for submission of an NOA majeure. and changes to an NOA; (1751) (4) Towing vessels and barges operating solely be- (1733) (e) How to obtain a waiver; and tween ports or places in the continental United States. (1734) (f) Requirements for submission of the Notice of (1752) (5) Public vessels. Hazardous Conditions. (1753) (6) Except for tank vessels, U.S. vessels operating solely between ports or places in the United States on the Great Lakes.
Navigation Regulations ■ Chapter 2 ■ 101 (1754) (c) Vessels less than 500 gross tons need not submit (1775) (v) Ethylene chlorohydrin, the International Safety Management (ISM) Code No- (1776) (vi) Ethylene dibromide, tice (Entry (7) to Table 160.206). (1777) (vii) Methacrylonitrile, and (1778) (viii) Oleum (fuming sulfuric acid). (1755) (d) [Suspended] (1779) (9) Ammonium nitrate and ammonium nitrate (1756) (e) [Suspended] (1757) (f) U.S. vessels need not submit the International base fertilizers, in bulk, listed as a Division 5.1 material in 49 CFR 172.101. Ship and Port Facility Code (ISPS) Notice information (1780) (10) Propylene oxide, alone or mixed with ethylene (Entry (9) to Table 160.206). oxide, in bulk. (1781) Charterer means the person or organization that §160.204 Definitions. contracts for the majority of the carrying capacity of a (1758) As used in this subpart: ship for the transportation of cargo to a stated port for a (1759) Agent means any person, partnership, firm, com- specified period. This includes “time charterers” and “voyage charterers.” pany or corporation engaged by the owner or charterer (1782) Crewmember means all persons carried on board of a vessel to act in their behalf in matters concerning the vessel to provide navigation and maintenance of the the vessel. vessel, its machinery, systems, and arrangements es- (1760) Barge means a non-self propelled vessel engaged in sential for propulsion and safe navigation or to provide commerce. services for other persons on board. (1761) Carried in bulk means a commodity that is loaded (1783) Great Lakes means Lakes Superior, Michigan, Hu- or carried on board a vessel without containers or la- ron, Erie, and Ontario, their connecting and tributary bels and received and handled without mark or count. waters, the Saint Lawrence River as far as Saint Regis, (1762) Certain dangerous cargo (CDC) includes any of the and adjacent port areas. following: (1784) Gross tons means the tonnage determined by the (1763) (1) Division 1.1 or 1.2 explosives as defined in 49 tonnage authorities of a vessel’s flag state in accor- CFR 173.50. dance with the national tonnage rules in force before (1764) (2) Division 1.5D blasting agents for which a per- the entry into force of the International Convention on mit is required under 49 CFR 176.415 or, for which a Tonnage Measurement of Ships, 1969 (“Convention”). permit is required as a condition of a Research and Spe- For a vessel measured only under Annex I of the Con- cial Programs Administration exemption. vention, gross tons means that tonnage. For a vessel (1765) (3) Division 2.3 “poisonous gas”, as listed in 49 CFR measured under both systems, the higher gross ton- 172.101 that is also a “material poisonous by inhalation” nage is the tonnage used for the purposes of the as defined in 49 CFR 171.8, and that is in a quantity in 300-gross-ton threshold. excess of 1 metric ton per vessel. (1785) Hazardous condition means any condition that (1766) (4) Division 5.1 oxidizing materials for which a per- may adversely affect the safety of any vessel, bridge, mit is required under 49 CFR 176.415 or for which a structure, or shore area or the environmental quality of permit is required as a condition of a Research and Spe- any port, harbor, or navigable waterway of the United cial Programs Administration exemption. States. It may, but need not, involve collision, allision, (1767) (5) A liquid material that has a primary or subsid- fire, explosion, grounding, leaking, damage, injury or iary classification of Division 6.1 “poisonous material” illness of a person aboard, or manning-shortage. as listed in 49 CFR 172.101 that is also a “material poi- (1786) Nationality means the state (nation) in which a sonous by inhalation,” as defined in 49 CFR 171.8 and person is a citizen or to which a person owes perma- that is in a bulk packaging, or that is in a quantity in ex- nent allegiance. cess of 20 metric tons per vessel when not in a bulk (1787) Operator means any person including, but not lim- packaging. ited to, an owner, a charterer, or another contractor (1768) (6) Class 7, “highway route controlled quantity” ra- who conducts, or is responsible for, the operation of a dioactive material or “fissile material, controlled ship- vessel. ment,” as defined in 49 CFR 173.403. (1788) Persons in addition to crewmembers mean any (1769) (7) Bulk liquefied chlorine gas and Bulk liquefied person onboard the vessel, including passengers, who gas cargo that is flammable and/or toxic and carried are not included on the list of crewmembers. under 46 CFR 154.7. (1789) Port or place of departure means any port or place (1770) (8) The following bulk liquids: in which a vessel is anchored or moored. (1771) (i) Acetone cyanohydrin, (1790) Port or place of destination means any port or (1772) (ii) Allyl alcohol, place in which a vessel is bound to anchor or moor. (1773) (iii) Chlorosulfonic acid, (1774) (iv) Crotonaldehyde,
102 ■ Chapter 2 ■ Volume 2 (1791) Public vessel means a vessel that is owned or de- location or position of the vessel at the time of mise-(bareboat) chartered by the government of the reporting. Only changes to NOA information need to be United States, by a State or local government, or by the submitted. government of a foreign country and that is not en- gaged in commercial service. §160.210 Methods for submitting an NOA. (1804) (a) Submission to the National Vessel Movement (1792) Time charterer means the party who hires a vessel for a specific amount of time. The owner and his crew Center (NVMC). Except as provided in paragraphs (b) manage the vessel, but the charterer selects the ports of and (c) of this section, vessels must submit NOA infor- destination. mation required by §160.206 (entries 1 through 9 in Table 160.206) to the NVMC, United States Coast (1793) Voyage charterer means the party who hires a ves- Guard, 408 Coast Guard Drive, Kearneysville, WV sel for a single voyage. The owner and his crew manage 25430, by: the vessel, but the charterer selects the ports of desti- (1805) (1) Electronic submission via the electronic Notice nation. of Arrival and Departure (eNOAD) and consisting of the following three formats: §160.206 Information required in an NOA. (1806) (i) A Web site that can be used to submit NOA infor- (1794) (a) Each NOA must contain all of the information mation directly to the NVMC, accessible from the NVMC web site at http://www.nvmc.uscg.gov; items specified in Table 160.206. (1807) (ii) Electronic submission of Extensible Markup (1795) (b) Vessels operating solely between ports or places Language (XML) formatted documents via web service; (1808) (iii) Electronic submission via Microsoft InfoPath; in the continental United States need submit only the contact the NVMC at [email protected] or by tele- name of and date of arrival and departure for the last phone at 1-800-708-9823 or 304-264-2502 for more in- port or places visited to meet the requirements in en- formation; tries (2)(i) and (ii) to Table 160.206 of this section. (1809) (2) E-mail at [email protected]. Workbook (1796) (c) You may submit a copy of INS Form I–418 to available at http://www.nvmc.uscg.gov; meet the requirements of entries (4) and (5) in Table (1810) (3) Fax at 1-800-547-8724 or 304-264-2684. Work- 160.206. book available at http://www.nvmc.uscg.gov; or, (1797) (d) Any vessel planning to enter two or more con- (1811) (4) Telephone at 1-800-708-9823 or 304-264-2502. secutive ports or places in the United States during a (1812) (b) Saint Lawrence Seaway transits. Those vessels single voyage may submit one consolidated Notifica- transiting the Saint Lawrence Seaway inbound, bound tion of Arrival at least 96 hours before entering the first for a port or place in the United States, may meet the port or place of destination. The consolidated notice submission requirements of paragraph (a) of this sec- must include the name of the port or place and esti- tion by submitting the required information to the mated arrival and departure date for each destination Saint Lawrence Seaway Development Corporation and of the voyage. Any vessel submitting a consolidated no- the Saint Lawrence Seaway Management Corporation tice under this section must still meet the re- of Canada by fax at 315-764-3235 or at 315-764-3200. quirements of §160.208 of this part concerning require- (1813) (c) Seventh Coast Guard District. Those foreign ments for changes to an NOA. vessels 300 or less gross tons operating in the Seventh Coast Guard District must submit an NOA to the cogni- §160.208 Changes to a submitted NOA. zant Captain of the Port (COTP). (1798) (a) Unless otherwise specified in this section, when (1814) (d) [Suspended]. submitted NOA information changes, vessels must §160.212 When to submit an NOA. submit a notice of change within the times required in (1815) (a) Submission of NOA. (1) Except as set out in §160.212. (1799) (b) Changes in the following information need not paragraph (a)(2) of this section, all vessels must submit be reported: NOAs within the times required in paragraph (a)(3) of (1800) (1) Changes in arrival or departure times that are this section. less than six (6) hours; (1816) (2) Towing vessels, when in control of a vessel car- (1801) (2) Changes in vessel location or position of the rying CDC and operating solely between ports or places vessel at the time of reporting (entry (2)(vi) to Table in the continental United States, must submit an NOA 160.206); and before departure but at least 12 hours before entering (1802) (3) Changes to crewmembers’ position or duties on the port or place of destination. the vessel (entry (5)(v) to Table 160.206). (1817) (3) Times for submitting NOAs areas follows: (1803) (c) When reporting changes, submit only the name of the vessel, original NOA submission date, the port of arrival, the specific items to be corrected, and the new
Navigation Regulations ■ Chapter 2 ■ 103 Table 160.206 – NOA Information Items Vessels Carrying CDC Required Information Vessels Not Towing Vessels Carrying CDC Controlling Vessels Vessels Carry- ing CDC (1) Vessel Information X XX (i) Name X XX (ii) Name of the registered owner X XX (iii) Country of registry X XX (iv) Call sign X (v) International Maritime Organization (IMO) international number or, if vessel does not have an X XX assigned IMO international number, substitute with official number X (vi) Name of the operator X XX (vii) Name of the charterer XX (viii) Name of classification society X XX X (2) Voyage Information X XX (i) Names of last five ports or places visited X XX (ii) Dates of arrival and departure for last five ports or places visited X XX (iii) For each port or place in the United States to be visited list the names of the receiving facility, the X XX port or place, the city, and the state X XX (iv) For each port or place in the United States to be visited, the estimated date and time of arrival XX (v) For each port or place in the United States to be visited, the estimated date and time of departure X XX (vi) The location (port or place and country) or position (latitude and longitude or waterway and mile marker) of the vessel at the time of reporting X XX (vii) The name and telephone number of a 24-hour point of contact X XX X XX (3) Cargo Information X (i) A general description of cargo, other than CDC, onboard the vessel (e.g. grain, container, oil, etc.) X XX (ii) Name of each certain dangerous cargo carried, including cargo UN number, if applicable X XX (iii) Amount of each certain dangerous cargo carried XX X XX (4) Information for each crewmember onboard X XX (i) Full name X XX (ii) Date of birth X (iii) Nationalitiy X XX (iv) Passport or mariners document number (type of identification and number) X XX (v) Position or duties on the vessel XX (vi) Where the crewmembers embarked (list port or place and country) X XX X XX (5) Information for each person onboard in addition to crew X XX (i) Full name X (ii) Date of birth XX (iii) Nationality X XX (iv) Passport number X XX (v) Where the person embarked (list port or place and country) X XX X (6) Operational condition of equipment required by §164.35 of this chapter X XX (7) International Safety Management (ISM) Code Notice X XX XX (i) The date of issuance for the company’s Document of Compliance certificate that covers the vessel XX (ii) The date of issuance for the vessel’s Safety Management Certificate XX (iii) The name of the Flag Administration, or the recognized organization(s) representing the vessel flag XX administration, that issued those certificates (8) Cargo Declaration (Customs Form 1302) as described in 19 CFR 4.7 (9) International Ship and Port Facility Code (ISPS) Notice* (i) The date of issuance for the vessel’s International Ship Security Certificate (ISSC), if any (ii) Whether the ISSC, if any, is an initial Interim ISSC, subsequent and consecutive Interim ISSC, or final ISSC (iii) Declaration that the approved ship security plan, if any, is being implemented (iv) If a subsequent and consecutive Interim ISSC, the reasons therefor (v) The name and 24-hour contact information for the Company Security Officer (vi) The name of the Flag Administration, or the recognized security organization(s) representing the vessel flag Administration that issued the ISSC
104 ■ Chapter 2 ■ Volume 2 If your voyage time is– You must submit an NOA– Part 161–Vessel Traffic Management (i) 96 hours or more; or At least 96 hours before entering Subpart A–Vessel Traffic Services (ii) Less than 96 hours the port or place of destination; or General Rules Before departure but at least 24 §161.1 Purpose and Intent. hours before entering the port or (1824) (a) The purpose of this part is to promulgate regu- place of destination. lations implementing and enforcing certain sections of (1818) (b) Submission of changes to NOA. (1) Except as set the Ports and Waterways Safety Act (PWSA) setting up a out in paragraph (b)(2) of this section, vessels must national system of Vessel Traffic Services that will en- submit changes in NOA information within the times hance navigation, vessel safety, and marine environ- required in paragraph (b)(3) of this section. mental protection and promote safe vessel movement by reducing the potential for collisions, rammings, and (1819) (2) Towing vessels, when in control of a vessel car- groundings, and the loss of lives and property associ- rying CDC and operating solely between ports or places ated with these incidents within VTS areas established in the continental United States, must submit changes hereunder. to an NOA as soon as practicable but at least 6 hours be- (1825) (b) Vessel Traffic Services provide the mariner with fore entering the port or place of destination. information related to the safe navigation of a waterway. This information, coupled with the mariner’s compli- (1820) (3) Times for submitting changes to NOAs are as ance with the provisions set forth in this part, enhances follows: the safe routing of vessels through congested water- ways or waterways of particular hazard. Under certain If your remaining Then you must submit changes circumstances, a VTS may issue directions to control voyage time is– to an NOA– the movement of vessels in order to minimize the risk (i) 96 hours or more; of collision between vessels, or damage to property or As soon as practicable but at least the environment. (ii) Less than 96 hours 24 hours before entering the port (1826) (c) The owner, operator, charterer, master, or per- but not less than 24 or place of destination; son directing the movement of a vessel remains at all hours; or times responsible for the manner in which the vessel is As soon as practicable but at least operated and maneuvered, and is responsible for the (iii) Less than 24 hours 24 hours before entering the port safe navigation of the vessel under all circumstances. or place of destination; or Compliance with these rules or with a direction of the VTS is at all times contingent upon the exigencies of As soon as practicable but at least safe navigation. 12 hours before entering the port (1827) (d) Nothing in this part is intended to relieve any or place of destination. vessel, owner, operator, charterer, master, or person di- recting the movement of a vessel from the conse- (1821) (c) [Suspended] quences of any neglect to comply with this part or any other applicable law or regulations (e.g., the Interna- §160.214 Waivers. tional Regulations for Prevention of Collisions at Sea, (1822) The Captain of the Port may waive, within that Cap- 1972 (72 COLREGS) or the Inland Navigation Rules) or of the neglect of any precaution which may be required tain of the Port’s designated zone, any of the require- by the ordinary practice of seamen, or by the special ments of this subpart for any vessel or class of vessels circumstances of the case. upon finding that the vessel, route, area of operations, conditions of the voyage, or other circumstances are §161.2 Definitions. such that application of this subpart is unnecessary or (1828) For the purposes of this part: impractical for purposes of safety, environmental pro- (1829) Cooperative Vessel Traffic Services (CVTS) means tection, or national security. the system of vessel traffic management established §160.215 Notice of hazardous conditions. and jointly operated by the United States and Canada (1823) Whenever there is a hazardous condition either within adjoining waters. In addition, CVTS facilitates traffic movement and anchorages, avoids jurisdictional aboard a vessel or caused by a vessel or its operation, the owner, agent, master, operator, or person in charge shall immediately notify the nearest Coast Guard Sec- tor Office or Group Office. (Compliance with this sec- tion does not relieve responsibility for the written report required by 46 CFR 4.05–10.)
Navigation Regulations ■ Chapter 2 ■ 105 disputes, and renders assistance in emergencies in ad- Vessel Traffic Service area or sector within such an joining United States and Canadian waters. area. (1830) Hazardous Vessel Operating Condition means any (1841) Vessel Traffic Services (VTS) means a service im- condition related to a vessel’s ability to safely navigate plemented by the United States Coast Guard designed or maneuver, and includes, but is not limited to: to improve the safety and efficiency of vessel traffic and (1831) (1) The absence or malfunction of vessel operating to protect the environment. The VTS has the capability equipment, such as propulsion machinery, steering to interact with marine traffic and respond to traffic sit- gear, radar system, gyrocompass, depth sounding de- uations developing in the VTS area. vice, automatic radar plotting aid (ARPA), radiotele- (1842) Vessel Traffic Service Area or VTS Area means the phone, Automatic Identification System equipment, geographical area encompassing a specific VTS area of navigational lighting, sound signaling devices or simi- service. This area of service may be subdivided into sec- lar equipment. tors for the purpose of allocating responsibility to indi- (1832) (2) Any condition on board the vessel likely to im- vidual Vessel Traffic Centers or to identify different pair navigation, such as lack of current nautical charts operating requirements. and publications, personnel shortage, or similar condi- (1843) Note: Although regulatory jurisdiction is limited to tion. the navigable waters of the United States, certain ves- (1833) (3) Vessel characteristics that affect or restrict ma- sels will be encouraged or may be required, as a condi- neuverability, such as cargo arrangement, trim, loaded tion of port entry, to report beyond this area to facilitate condition, underkeel clearance, speed, or similar char- traffic management within the VTS area. acteristics. (1844) VTS Special Area means a waterway within a VTS (1834) Precautionary Area means a routing measure area in which special operating requirements apply. comprising an area within defined limits where vessels (1845) VTS User means a vessel, or an owner, operator, must navigate with particular caution and within charterer, master, or person directing the movement of which the direction of traffic may be recommended. a vessel, that is: (1835) Navigable waters means all navigable waters of the (1846) (a) Subject to the Vessel Bridge-to-Bridge Radio- United States including the territorial sea of the United telephone Act; or States, extending to 12 nautical miles from United (1847) (b) Required to participate in a VMRS within a VTS States baselines, as described in Presidential Proclama- area (VMRS User). tion No. 5928 of December 27, 1988. (1848) VTS User’s Manual means the manual established (1836) Towing Vessel means any commercial vessel en- and distributed by the VTS to provide the mariner with gaged in towing another vessel astern, alongside, or by a description of the services offered and rules in force pushing ahead. for that VTS. Additionally, the manual may include (1837) Vessel Movement Center (VMC) means the shore- chartlets showing the area and sector boundaries, gen- based facility that operates the vessel tracking system eral navigational information about the area, and pro- for a Vessel Movement Reporting System (VMRS) area cedures, radio frequencies, reporting provisions and or sector within such an area. The VMC does not neces- other information which may assist the mariner while sarily have the capability or qualified personnel to in- in the VTS area. teract with marine traffic, nor does it necessarily respond to traffic situations developing in the area, as §161.3 Applicability. does a Vessel Traffic Service (VTS). (1849) The provisions of this subpart shall apply to each (1838) Vessel Movement Reporting System (VMRS) means a mandatory reporting system used to monitor and track VTS User and may also apply to any vessel while under- vessel movements. This is accomplished by a vessel way or at anchor on the navigable waters of the United providing information under established procedures as States within a VTS area, to the extent the VTS consid- set forth in this part in the areas defined in Table ers necessary. 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas). §161.4 Requirement to carry the rules. (1839) Vessel Movement Reporting System (VMRS) User (1850) Each VTS User shall carry on board and maintain means a vessel, or an owner, operator, charterer, Mas- ter, or person directing the movement of a vessel that is for ready reference a copy of these rules. required to participate in a VMRS. (1851) Note: These rules are contained in the applicable (1840) Vessel Traffic Center (VTC) means the shore-based facility that operates the vessel traffic service for the U.S. Coast Pilot, the VTS User’s Manual which may be obtained by contacting the appropriate VTS, and peri- odically published in the Local Notice to Mariners. The VTS User’s Manual and the World VTS Guide, an Inter- national Maritime Organization (IMO) recognized
106 ■ Chapter 2 ■ Volume 2 publication, contain additional information which may §161.11 VTS measures. assist the prudent mariner while in the appropriate (1866) (a) A VTS may issue measures or directions to en- VTS area. hance navigation and vessel safety and to protect the §161.5 Deviations from the rules. marine environment, such as, but not limited to: (1852) (a) Requests to deviate from any provision in this (1867) (1) Designating temporary reporting points and procedures; part, either for an extended period of time or if antici- (1868) (2) Imposing vessel operating requirements; or pated before the start of a transit, must be submitted in (1869) (3) Establishing vessel traffic routing schemes. writing to the appropriate District Commander. Upon (1870) (b) During conditions of vessel congestion, re- receipt of the written request, the District Commander stricted visibility, adverse weather, or other hazardous may authorize a deviation if it is determined that such a circumstances, a VTS may control, supervise, or other- deviation provides a level of safety equivalent to that wise manage traffic, by specifying times of entry, move- provided by the required measure or is a maneuver ment, or departure to, from, or within a VTS area. considered necessary for safe navigation under the cir- cumstances. An application for an authorized deviation §161.12 Vessel operating requirements. must state the need and fully describe the proposed al- (1871) (a) Subject to the exigencies of safe navigation, a ternative to the required measure. (1853) (b) Requests to deviate from any provision in this VTS User shall comply with all measures established or part due to circumstances that develop during a transit directions issued by a VTS. or immediately preceding a transit, may be made ver- (1872) (b) If, in a specific circumstance, a VTS User is un- bally to the appropriate VTS Director. Requests to devi- able to safely comply with a measure or direction is- ate shall be made as far in advance as practicable. Upon sued by the VTS, the VTS User may deviate only to the receipt of the request, the VTS Director may authorize a extent necessary to avoid endangering persons, prop- deviation if it is determined that, based on vessel han- erty or the environment. The deviation shall be re- dling characteristics, traffic density, radar contacts, en- ported to the VTS as soon as is practicable. vironmental conditions and other relevant information, (1873) (c) When not exchanging voice communications, a such a deviation provides a level of safety equivalent to VTS User must maintain a listening watch as required that provided by the required measure or is a maneuver by §26.04(e) of this chapter on the VTS frequency des- considered necessary for safe navigation under the cir- ignated in Table 161.12(c) (VTS and VMRS Centers, cumstances. Call Signs/MMSI, Designated Frequencies, and Moni- toring Areas). In addition, the VTS User must respond Services,VTS Measures,and Operating Requirements promptly when hailed and communicated in the Eng- lish language. §161.10 Services. (1874) Note to §161.12(c): As stated in 47 CFR 80.148(b), (1854) To enhance navigation and vessel safety, and to pro- a very high frequency watch on Channel 16 (156.800 MHz) is not required on vessels subject to the Vessel tect the marine environment, a VTS may issue adviso- Bridge-to-Bridge Radiotelephone Act and participating ries, or respond to vessel requests for information, on in a Vessel Traffic Service (VTS) system when the watch reported conditions within the VTS area, such as: is maintained on both the vessel bridge-to-bridge fre- (1855) (a) Hazardous conditions or circumstances; quency and a designated VTS frequency. (1856) (b) Vessel congestion; (1875) (d) As soon as practicable a VTS User shall notify (1857) (c) Traffic density; the VTS of any of the following: (1858) (d) Environmental conditions; (1876) (1) A marine casualty as defined in 46 CFR 4.05-1; (1859) (e) Aids to navigation status; (1877) (2) Involvement in the ramming of a fixed or float- (1860) (f) Anticipated vessel encounters; ing object; (1861) (g) Another vessel’s name, type, position, hazard- (1878) (3) A pollution incident as defined in §151.15 of ous vessel operating conditions, if applicable, and in- this chapter: tended navigation movements, as reported; (1879) (4) A defect or discrepancy in an aid to navigation; (1862) (h) Temporary measures in effect; (1880) (5) A hazardous condition as defined in §160.203 of (1863) (i) A description of local harbor operations and this chapter; conditions, such as ferry routes, dredging, and so forth; (1881) (6) Improper operation of vessel equipment re- (1864) (j) Anchorage availability; or quired by Part 164 of this chapter; (1865) (k) Other information or special circumstances. (1882) (7) A situation involving hazardous materials for which a report is required by 49 CFR 176.48; and
Navigation Regulations ■ Chapter 2 ■ 107 TABLE 161.12(C)-VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas Center MMSI1 Call Sign Designated frequency (Chan- Monitoring Area 3,4 nel designation)-purpose2 Berwick Bay 003669950 The waters south of 29°45'N, west of 91°10'W, north of 29°37'N, and east of Berwick Traffic 156.550 MHz (Ch. 11) 91°18'W. Buzzards Bay 156.600 MHz (Ch. 12) The waters east and north of a line drawn from the southern tangent of Sakonnet Buzzards Bay Control5 Point, Rhode Island, in approximate position 41°27.2'N, 70°11.7'W to Buzzards 156.550 MHz (Ch. 11) Bay Entrance Light in approximate position 41°23.5'N, 71°02.0'W, and then to the Houston-Galveston 003669954 156.250 MHz (Ch. 5A) - for sailing southwestern tangent of Cuttyhunk Island, Massachusetts, at approximate position Houston Traffic 41°24.6'N, 70°57.0'W, and including all of the Cape Cod Canal to its eastern en- plans only trance, except that the area of New Bedford harbor within the confines (north of) the Houston Traffic 156.600 MHz (Ch. 12) hurricane barrier, and the passages through the Elizabeth Islands, is not considered 156.250 MHz (Ch. 5A) - for sailing to be “Buzzards Bay”. Los Angeles/Long Beach: MMSI to be determined plans only The navigable waters north of 29°N, west of 94°20'W, south of 29°49'N, and east of 156.700 MHz (Ch. 14) 95°20'W. San Pedro Traffic Louisville: not applicable The navigable waters north of a line extending due west from the southern most end of Exxon Dock #1 (20°43.37'N, 95°01.27'W) Louisville Traffic The navigable waters south of a line extending due west from the southern most end of Exxon Dock #1 (29°43.37'N, 95°01.27'W) Vessel Movement Reporting System Area: The navigable waters within a 25 nautical mile radius of Point Fermin Light (33°42.3'N, 118°17.6'W) 156.650 MHz (Ch. 13) The waters of the Ohio River between McAlpine Locks (Mile 606) and Twelve Mile Island (Mile 593), only when the McAlpine upper pool gauge is at approximately 13.0 feet or above. Lower Mississippi River6 156.700 MHz (Ch. 14) The navigable waters of the Lower Mississippi River below 30°38.7'N, 91°17.5'W 0036699952 (Port Hudson Light at 255 miles Above Head of Passes (AHP)), the Southwest Pass, 156.600 MHz (Ch. 12) and, within a 12 nautical miles radius around 28°54.3'N, 89°25.7'W (Southwest Pass New Orleans Traffic Entrance Light at 19.9 miles Below Head of Passes). 156.550 MHz (Ch. 11) - for sailing New Orleans Traffic plans only New Orleans Sector. The navigable waters of the Lower Mississippi River bounded on the north by a line drawn perpendicularly at 29°56.4'N, 90°08.36'W and on the New York 003669951 156.600 MHz (Ch. 12) - for vessels south by a line drawn perpendicularly at 29°56.24'N, 89°59.86'W (88 and 106 miles New York Traffic at anchor AHP). The area consists of the navigable waters of the Lower New York Bay bounded on the east by a line drawn from Norton Point to Breezy Point; on the south by a line connecting the entrance buoys at the Ambrose Channel, Swash Channel, and Sandy Hook Channel to Sandy Hook Point; and on the southeast including the waters of Sandy Hook Bay south to a line drawn at 40°25'N; then west in the Raritan Bay to the Raritan River Railroad Bridge, then north into waters of the Arthur Kill and Newark Bay to the Lehigh Valley Draw Bridge at 40°41.9'N; and then east including the waters of the Kill Van Kull and the Upper New York Bay north to a line drawn east-west from the Holland Tunnel ventilator shaft at 40°43.7'N, 74°01.6'W, in the Hudson River; and then continuing east including the waters of the East River to the Throgs Neck Bridge, excluding the Harlem River. New York Traffic 156.700 MHz (Ch. 14) The navigable waters of the Lower New York Bay west of a line drawn from New York Traffic 156.600 MHz (Ch. 12) Norton Point to Breezy Point; and north of a line connecting the entrance buoys of Ambrose Channel, Swash Channel, and Sandy Hook Channel, to Sandy Hook Point; on the southeast including the waters of the Sandy Hook Bay south to a line drawn at latitude 40°25'N; then west into the waters of Raritan Bay East Reach to a line drawn from Great Kills Light south through Raritan Bay East Reach LGB #14 to Comfort PT, NJ; then north including the waters of the Upper New York Bay south of 40°42.40'N (Brooklyn Bridge) and 40°43.70'N (Holland Tunnel Ventilator Shaft); west through the KVK into the Arthur Kill north of 40°38.25'N (Arthur Kill Railroad Bridge); then north into the waters of the Newark Bay, south of 40°41.95'N (Lehigh Valley Draw Bridge). The navigable waters of the Raritan Bay south to a line drawn at 40°26'N; then west of a line drawn from Great Kills Light south through the Raritan Bay East Reach LGB #14 to Point Comfort, NJ; then west to the Raritan River Railroad Bridge; and north including the waters of the Arthur Kill to 40°28.25'N (Arthur Kill Railroad Bridge); including the waters of the East River north of 40°42.40'N (Brooklyn Bridge) to the Throgs Neck Bridge, excluding the Harlem River.
108 ■ Chapter 2 ■ Volume 2 TABLE 161.12(C)-VTS and VMRS Centers, Call Signs/MMSI, Designated Frequencies, and Monitoring Areas Center MMSI1 Call Sign Designated frequency (Chan- Monitoring Area 3,4 nel designation)-purpose2 Port Arthur6 003669955 (to be determined) The navigable waters south of 30°10'N, east of 94°20'W, west of 93°22'W, and, Sabine Traffic north of 29°10'N. Prince William Sound 003669958 156.650 MHz (Ch. 13) The navigable waters south of 61°05'N, east of 147°20'W, north of 60°N, and west Valdez Traffic of 146°30'W; and, all navigable waters in Port Valdez. Puget Sound7 156.700 MHz (Ch. 14) The waters of Puget Sound, Hood Canal and adjacent waters south of a line con- Seattle Traffic 003669957 necting Nodule Point and Bush Point in Admiralty Inlet and south of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. Seattle Traffic 003669957 156.250 MHz (Ch. 5A) The waters of the Strait of Juan de Fuca east of 124°40'W excluding the waters in the central portion of the Strait of Juan de Fuca north and east of Race Rocks; the navigable waters of the Strait of Georgia east of 122°52'W; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line con- necting Nodule Point and Bush Point and all waters east of Whidbey Island North of a line drawn due east from the southernmost tip of Possession Point on Whidbey Island to the shoreline. Tofino Traffic 003160012 156.725 MHz (Ch. 74) The waters west of 124°40'W within 50 nautical miles of the coast of Vancouver Island including the waters north of 48°N, and east of 127°W. Victoria Traffic 003160010 156.550 MHz (Ch. 11) The waters of the Strait of Georgia west of 122°52'W, the navigable waters of the central Strait of Juan de Fuca north and east of Race Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait. San Francisco 003669956 156.700 MHz (Ch. 14) The navigable waters of the San Francisco Offshore Precautionary Area, the San Francisco Traffic navigable waters shoreward of the San Francisco Offshore Precautionary Area east of 122°42.0'W and north of 37°40.0'N extending eastward through the Golden Gate, and the navigable waters of San Francisco Bay and as far east as the port of Stockton on the San Joaquin River, as far north as the port of Sacramento on the Sacramento River. San Francisco Traffic 156.600 MHz (Ch. 12) The navigable waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8'N, 122°34.6'W) west of 122°42.0'W and south of 37°40.0'N and excluding the San Francisco Offshore Precautionary Area. St. Marys River 003669953 156.600 MHz (Ch. 12) The waters of the St. Marys River between 45°57'N (De Tour Reef Light) and Soo Traffic 46°38.7'N (lle Parisienne Light), except the St. Marys Falls Canal and those navi- gable waters east of a line from 46°04.16'N and 46°01.57'N (La Pointe to Sims Point in Potagannissing Bay and Worsley Bay.) Notes: 1 Maritime Mobile Service Identifier (MMSI) is a unique nine-digit number assigned that identifies ship stations, ship earth stations, coast stations, coast earth sta- tions, and group calls for use by a digital selective calling (DSC) radio, an INMARSAT ship earth station or AIS. AIS requirements are set forth in §§161.21 and 164.46 of this subchapter. The requirements set forth in §§161.21 and 164.46 of this subchapter apply in those areas denoted with a MMSI number. 2 In the event of a communication failure, difficulties or other safety factors, the Center may direct or permit a user to monitor and report on any other designated monitoring frequency or the bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13) or 156.375 MHz (Ch. 67), to the extent that doing so provides a level of safety beyond that provided by other means. The bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13), is used in certain monitoring areas where the level of reporting does not warrant a designated frequency. 3 All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983 (NAD 83). 4 Some monitoring areas extend beyond navigable waters. Although not required, users are strongly encouraged to maintain a listening watch on the designated moni- toring frequency in these areas. Otherwise, they are required to maintain watch as stated in 47 CFR 80.148. 5 In addition to the vessels denoted in Section 161.16 of this chapter, requirements set forth in subpart B of 33 CFR part 161 also apply to any vessel transiting VMRS Buzzards Bay required to carry a bridge-to-bridge radiotelephone by part 26 of this chapter. 6 Until rules regarding VTS Lower Mississippi River and VTS Port Arthur are published, vessels are exempted of all VTS and VMRS requirements set forth in 33 CFR part 161, except those set forth in §§161.21 and 164.46 of this subchapter. 7 A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate Center administers the rules issued by both nations; however, enforces only its own set of rules within its jurisdiction. Note, the bridge-to-bridge navigational frequency, 156.650 MHz (Ch. 13), is not so designated in Canadian waters, therefore users are encouraged and permitted to make passing arrangements on the designated monitoring frequencies.
Navigation Regulations ■ Chapter 2 ■ 109 (1883) (8) A hazardous vessel operating condition as de- §161.17 Definitions. fined in §161.2. (1897) As used in the subpart: (1898) Center means a Vessel Traffic Center or Vessel §161.13 VTS Special Area Operating Requirements. (1884) The following operating requirements apply within Movement Center. (1899) Published means available in a widely-distributed a VTS Special Area: (1885) (a) A VTS User shall, if towing astern, do so with as and publicly available medium (e.g., VTS User’s Man- ual, ferry schedule, Notice to Mariners). short a hawser as safety and good seamanship permits. (1886) (b) A VMRS User shall: §161.18 Reporting requirements. (1887) (1) Not enter or get underway in the area without (1900) (a) A Center may: (1) Direct a vessel to provide any prior approval of the VTS; of the information set forth in Table 161.18(a) (IMO (1888) (2) Not enter a VTS Special Area if a hazardous ves- Standard Ship Reporting System); (1901) (2) Establish other means of reporting for those sel operating condition or circumstance exists; vessels unable to report on the designated frequency; (1889) (3) Not meet, cross, or overtake any other VMRS or (1902) (3) Require reports from a vessel in sufficient time User in the area without prior approval of the VTS; and to allow advance vessel traffic planning. (1890) (4) Before meeting, crossing, or overtaking any (1903) (b) All reports required by this part shall be made as soon as is practicable on the frequency designated in other VMRS User in the area, communicate on the des- Table 161.12(c) (VTS and VMRS Centers, Call Signs/MMSI, ignated vessel bridge-to-bridge radiotelephone fre- Designated Frequencies, and Monitoring Areas). quency, intended navigation movements, and any (1904) (c) When not exchanging communications, a other information necessary in order to make safe pass- VMRS User must maintain a listening watch as de- ing arrangements. This requirement does not relieve a scribed in §26.04(e) of this chapter on the frequency vessel of any duty prescribed by the International Reg- designated in Table 161.12(c) (VTS and VMRS Centers, ulations for Prevention of Collisions at Sea, 1972 (72 Call Signs/MMSI, Designated Frequencies, and Moni- COLREGS) or the Inland Navigation Rules. toring Areas). In addition, the VMRS User must re- spond promptly when hailed and communicate in the Subpart B–Vessel Movement Reporting English language. System (1905) Note: As stated in 47 CFR 80.148(b), a VHF watch on Channel 16 (156.800 MHz) is not required on ves- §161.15 Purpose and Intent. sels subject to the Vessel Bridge-to-Bridge Radiotele- (1891) (a) A Vessel Movement Reporting System (VMRS) is phone Act and participating in a Vessel Traffic Service (VTS) system when the watch is maintained on both a system used to monitor and track vessel movements the vessel bridge-to-bridge frequency and a designated within a VTS or VMRS area. This is accomplished by re- VTS frequency. quiring that vessels provide information under estab- (1906) (d) A vessel must report: lished procedures as set forth in this part, or as directed (1907) (1) Any significant deviation from its Sailing Plan, by the Center. as defined in §161.19, or from previously reported in- (1892) (b) To avoid imposing an undue reporting burden formation; or or unduly congesting radiotelephone frequencies, re- (1908) (2) Any intention to deviate from a VTS issued mea- ports shall be limited to information which is essential sure or vessel traffic routing system. to achieve the objectives of the VMRS. These reports (1909) (e) When reports required by this part include time are consolidated into three reports (sailing plan, posi- information, such information shall be given using the tion, and final). local time zone in effect and the 24-hour military clock system. §161.16 Applicability. (1893) Unless otherwise stated, the provisions of this §161.19 Sailing Plan (SP). (1910) Unless otherwise stated, at least 15 minutes before subpart apply to the following vessels and VMRS Users: (1894) (a) Every power-driven vessel of 40 meters (approx- navigating a VTS area, a vessel must report the: (1911) (a) Vessel name and type; imately 131 feet) or more in length, while navigating; (1912) (b) Position; (1895) (b) Every towing vessel of 8 meters (approximately (1913) (c) Destination and ETA; (1914) (d) Intended route; 26 feet) or more in length, while navigating; or (1896) (c) Every vessel certificated to carry 50 or more passengers for hire, when engaged in trade.
110 ■ Chapter 2 ■ Volume 2 TABLE 161.18(a) – The IMO Standard Ship Reporting System A ALPHA Ship Name, call sign or ship station identity, and flag. B BRAVO Dates and time of events A 6 digit group giving day of month (first two digits), hours and minutes (last four digits). If other than UTC state time zone used. C CHARLIE Position A 4 digit group giving latitude in degrees and minutes suffixed with N (north) or S (south) and a 5 digit D DELTA group giving longitude in degrees and minutes suffixed with E (east) or W (west); or. E ECHO Position True bearing (first 3 digits) and distance (state distance) in nautical miles from a clearly identified landmark F FOXTROT (state landmark). G GOLF H HOTEL True course A 3 digit group. I INDIA J JULIET Speed in knots and tenths of knots A 3 digit group. K KILO L LIMA Port of Departure Name of last port of call. M MIKE N NOVEMBER Date, time and point of entry system Entry time expressed as in (B) and into the entry position expressed as in (C) or (D). O OSCAR P PAPA Destination and expected time of arrival Name of port and date time group expressed as in (B). Q QUEBEC Pilot State whether a deep sea or local pilot is on board. R ROMEO Date, time and point of exit from system Exit time expressed as in (B) and exit position expressed as in (C) or (D). S SIERRA T TANGO Route information Intended track. U UNIFORM V VICTOR Radio State in full names of communications stations/frequencies guarded. W WHISKEY X XRAY Time of next report Date time group expressed as in (B). Maximum present static draught in meters 4 digit group giving meters and centimeters. Cargo on board Cargo and brief details of any dangerous cargoes as well as harmful substances and gases that could endanger persons or the environment. Defects, damage, deficiencies or limitations Brief detail of defects, damage, deficiencies or other limitations. Description of pollution or dangerous goods lost Brief details of type of pollution (oil, chemicals, etc) or dangerous goods lost overboard; position expressed as in (C) or (D). Weather conditions Brief details of weather and sea conditions prevailing. Ship's representative and/or owner Details of name and particulars of ship’s representative and/or owner for provision of information. Ship size and type Details of length, breadth, tonnage, and type, etc., as required. Medical personnel Doctor, physician’s assistant, nurse, no medic. Total number of persons on board State number. Miscellaneous Any other information as appropriate. [i.e., a detailed description of a planned operation, which may include: its duration; effective area; any restrictions to navigation; notification procedures for approaching vessels; in addition, for a towing operation: configuration, length of the tow, available horsepower, etc.; for a dredge or floating plant: configuration of pipeline, mooring configuration, number of assist vessels, etc.]. (1915) (e) Time and point of entry; and (1923) (1) Notify the Center; (1916) (f) Dangerous cargo on board or in its tow, as de- (1924) (2) Make voice radio Position Reports at designated fined in §160.203 of this chapter, and other required in- reporting points as required by §161.20(b) of this part; formation as set out in §160.211 and §160.213 of this and chapter, if applicable. (1925) (3) Make any other reports as directed by the Center. §161.20 Position Report (PR). §161.22 Final Report (FR). (1917) A vessel must report its name and position: (1926) A vessel must report its name and position: (1918) (a) Upon point of entry into a VMRS area; (1927) (a) On arrival at its destination; or (1919) (b) At designated points as set forth in Subpart C; (1928) (b) When leaving a VTS area. or §161.23 Reporting exemptions. (1920) (c) When directed by the Center. (1929) (a) Unless otherwise directed, the following vessels §161.21 Automated reporting. are exempted from providing Position and Final Re- (1921) (a) Unless otherwise directed, vessels equipped ports due to the nature of their operation: (1930) (1) Vessels on a published schedule and route; with an Automatic Identification System (AIS) are re- (1931) (2) Vessels operating within an area of a radius of quired to make continuous, all stations, AIS broad- three nautical miles or less; or casts, in lieu of voice Position Reports, to those Centers (1932) (3) Vessels escorting another vessel or assisting an- denoted in Table 161.12(c) of this part. other vessel in maneuvering procedures. (1922) (b) Should an AIS become non-operational, while (1933) (b) A vessel described in paragraph (a) of this sec- or prior to navigating a VMRS area, it should be re- tion must: stored to operating condition as soon as possible, and, until restored a vessel must:
Navigation Regulations ■ Chapter 2 ■ 111 (1934) (1) Provide a Sailing Plan at least 5 minutes but not Inner Bar Channel: Bolivar Roads Channel; Galveston more than 15 minutes before navigating within the Channel; Gulf ICW and Galveston-Freeport Cut-Off VMRS area; and from Mile 346 to Mile 352; Texas City Channel; Texas City Turning Basin; Texas City Canal Channel; Texas (1935) (2) If it departs from its promulgated schedule by City Canal Turning Basin; Houston Ship Channel; more than 15 minutes or changes its limited operating Bayport Channel; Bayport Turning Basin; Houston area, make the established VMRS reports, or report as Turning Basin: and the following precautionary areas directed. associated with these waterways. (1941) (b) Precautionary Areas. (Table 161.35(b)) Subpart C–Vessel Traffic Service and Vessel (1942) (c) Reporting Points. (Table 161.35(c)) Movement Reporting System Areas and Reporting Points §161.40 Vessel Traffic Service Berwick Bay. (1943) (a) The VTS area consists of the navigable waters of (1936) Note: All geographic coordinates contained in part 161 (latitude and longitude) are expressed in North the following segments of waterways: the Intracoastal American Datum of 1983 (NAD 83). Waterway (ICW) Morgan City to Port Allen Alternate Route from Mile Marker 0 to Mile Marker 5; the ICW §161.25 Vessel Traffic Service New York. from Mile Marker 93 west of Harvey Lock (WHL) to (1937) The area consists of the navigable waters of the Mile Marker 102 WHL; the Atchafalaya River Route from Mile Marker 113 to Mile Marker 122; from Bayou Lower New York Harbor bounded on the east by a line Shaffer Junction (ICW Mile Marker 94.5 WHL) south drawn from Norton Point to Breezy Point; on the south one statute mile along Bayou Shaffer; and from Ber- by a line connecting the entrance buoys at the Ambrose wick Lock northwest one statute mile along the Lower Channel, Swash Channel, and Sandy Hook Channel to Atchafalaya River. Sandy Hook Point; and on the southeast including the (1944) (b) VTS Special Area. The Berwick Bay VTS Special waters of Sandy Hook Bay south to a line drawn at Area consists of those waters within a 1000 yard radius 40°25'N.; then west into waters of the Raritan Bay to of the Southern Pacific Railroad Bridge located at Mile the Raritan River Rail Road Bridge; and then north in- .03 MC/PA. cluding the waters of the Arthur Kill and Newark Bay to (1945) (c) Reporting Points. (Table 161.40(c)) the Lehigh Valley Draw Bridge at 40°41.9'N.; and then east including the waters of the Kill Van Kull and Upper §161.45 Vessel Traffic Service St. Marys River. New York Bay north to a line drawn east-west from the (1946) (a) The VTS area consists of the navigable waters of Holland Tunnel Ventilator Shaft at 40°43.7'N., 74°01.6'W. in the Hudson River; and then continuing the St. Marys River and lower Whitefish Bay from east including the waters of the East River to the 45°57'N. (De Tour Reef Light) to the south, to Throgs Neck Bridge, excluding the Harlem River. 46°38.7'N. (Ile Parisienne Light) to the north, except (1938) Note: Although mandatory participation in VTSNY the waters of the St. Marys Falls Canal, and to the east is limited to the area within the navigable waters of the along a line from La Pointe to Sims Point, within United States, VTSNY will provide services beyond Potagannissing Bay and Worsley Bay. those waters. Prospective users are encouraged to re- (1947) (b) Reporting Points. (Table 161.45(b)) port beyond the area of required participation in order to facilitate advance vessel traffic management in the Part 162–Inland Waterways Navigation VTS area and to receive VTSNY advisories and/or assis- Regulations tance. §161.30 Vessel Traffic Service Louisville. §162.1 General. (1939) The VTS area consists of the navigable waters of the (1948) Geographic coordinates expressed in terms of lati- Ohio River between McAlpine Locks (Mile 606.8) and tude or longitude, or both, are not intended for plotting Twelve Mile Island (Mile 593), only when the McAlpine on maps or charts whose referenced horizontal datum upper pool gauge is at 13.0 feet or above. is the North American Datum of 1983 (NAD 83), unless such geographic coordinates are expressly labeled NAD §161.35 Vessel Traffic Service Houston/Galveston. 83. Geographic coordinates without the NAD 83 refer- (1940) (a) The VTS area consists of the following major ence may be plotted on maps or charts referenced to NAD 83 only after application of the appropriate correc- waterways and portions of connecting waterways: tions that are published on the particular map or chart Galveston Bay Entrance Channel; Outer Bar Channel; being used.
112 ■ Chapter 2 ■ Volume 2 TABLE 161.35(b)–VTS HOUSTON/GALVESTON PRECAUTIONARY AREAS Precautionary area name Radius Center Points (yards) Latitude Longitude Bolivar Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4000 29°20.9'N 94°47.0'W Red Fish Bar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4000 29°29.8'N 94°51.9'W Bayport Channel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4000 29°36.7'N 94°57.2'W Morgans Point . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2000 29°41.0'N 94°59.0'W Upper San Jacinto Bay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°42.3'N 95°01.1'W Baytown . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°43.6'N 95°01.4'W Lynchburg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°45.8'N 95°04.8'W Carpenter Bayou . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°45.3'N 95°05.6'W Jacintoport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°44.8'N 95°06.0'W Greens Bayou . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°44.8'N 95°10.2'W Hunting Bayou . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°44.3'N 95°12.1'W Sims Bayou . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°43.2'N 95°14.4'W Brady Island . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°43.5'N 95°16.4'W Buffalo Bayou . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1000 29°45.0'N 95°17.3'W Note: Each Precautionary Area encompasses a circular area of the radius denoted. TABLE 161.35(c)–VTS HOUSTON/GALVESTON REPORTING POINTS Designa- Geographic name Geographic description Latitude/ Notes tor Galveston Bay Entrance Channel . Longitude Galveston Bay Entrance CH Tows entering HSC also 1 Galveston Bay Entrance Channel . Lighted Buoy (LB) “IC” 29°18.2'N report at HSC LB 25 & 26 2 Bolivar Land Cut . . . . . . . . . . . . . Galveston Bay Entrance Channel 94°37.6'W Tows entering HSC also E Pelican Cut . . . . . . . . . . . . . . . . . LB 11 and 12 report at HSC LB 25 & 26 W Galveston Harbor . . . . . . . . . . . . Mile 349 Intracoastal Waterway 29°20.6'N Coast Guard Base G Texas City Channel . . . . . . . . . . . (ICW) 94°44.6'W T Houston Ship Channel ICW Mile 351 ICW Tows entering HSC from X Intersection . . . . . . . . . . . . . . . . . . 29°22.5'N ICW or Texas Cut only 3 Lower Galveston Bay . . . . . . . . . . Galveston Channel Lt. 2 94°46.9'W 4 Red Fish Bar . . . . . . . . . . . . . . . . Bayport Land Cut P Bayport Ship Channel . . . . . . . . . Texas City Channel Lt. 12 29°21.4'N Tows only 4A Upper Galveston Bay . . . . . . . . . . 94°48.5'W Houston Ship Channel (HSC) LB 25 and 26 29°20.2'N HSC Lt. 31 and LB 32 94°46.6'W HSC Lt. 53 and 54 29°22.4'N 94°50.9'W Bayport Ship Channel Lt. 8 and 9 29°22.2'N HSC Lt. 69 and 70 94°48.1'W 29°23.8'N 94°48.8'W 29°30.3'N 94°52.4'W 29°36.8'N 94°59.5'W 29°34.7'N 94°55.8'W
Navigation Regulations ■ Chapter 2 ■ 113 TABLE 161.35(c)–VTS HOUSTON/GALVESTON REPORTING POINTS Designa- Geographic name Geographic description Latitude/ Notes tor Longitude Morgan’s Point . . . . . . . . . . . . . . HSC Lt. 91 5 29°41.0'N 94°59.0'W 6 Exxon . . . . . . . . . . . . . . . . . . . . . HSC Lt. 109A 29°43.5'N 7 Lynchburg . . . . . . . . . . . . . . . . . . Ferry Crossing 95°01.4'W 8 Shell Oil . . . . . . . . . . . . . . . . . . . Boggy Bayou 29°45.8'N 95°04.8'W 9 Greens Bayou . . . . . . . . . . . . . . . . HSC Lt. 152 29°44.1'N 10 Hunting Bayou . . . . . . . . . Hunting Bayou Turning Basin 95°08.0'W 11 Lyondell . . . . . . . . . . . . . . . . . . . . Sims Bayou Turning Basin 29°44.8'N 95°10.1'W 12 I-610 Bridge . . . . . . . . . . . . . . . . . I-610 Bridge 29°44.4'N 13 Buffalo Bayou . . . . . . . . . . . . . . . Houston Turning Basin 95°12.1'W 29°43.2'N 95°14.4'W 29°43.5'N 95°16.0'W 29°45.0'N 95°17.4'W TABLE 161.40(c)–VTS BERWICK BAY REPORTING POINTS Designator Geographic name Geographic description Latitude/ Notes 1 Longitude 2 If transiting the 3 Stouts Pass . . . . . . . . . . . . . . . . . Stouts Point Light “1” Mile 113- 29°43'47\"N Lock. 4 Atchafalya River . . . . . . . . . . . . . . . . . 91°13'25\"W 5 6 Berwick Lock . . . . . . . . . . . . . . . . Mile 1.9 MC/PA . . . . . . . . . . . . . . . . . . 29°43'10\"N 7 91°13'28\"W 8 9 Conrad’s Point Junction . . . . . . . . Buoy “1” Mile 1.5 MC/PA . . . . . . . . . . . 29°42'32\"N 91°13'14\"W Swift Ships Flat Lake Junction . . . Mile 3 MC/PA . . . . . . . . . . . . . . . . . . . . 29°43'26\"N 91°12'22\"W South Pacific Railroad Bridge . . . Mile 0.3 MC/PA . . . . . . . . . . . . . . . . . . 29°41'34\"N 91°12'44\"W 20 Grand Point Junction . . . . . . . . Bayou Boeuf-Atchafalaya R. Mile 95.5 ICW 29°41'18\"N 91°12'36\"W ICW . . . . . . . . . . . . . . . . . . . . . . . Overhead Power Cable Mile 96.5 ICW 29°40'43\"N 91°13'18\"W Wax Bayou Junction . . . . . . . . . . . Light “A” Mile 98.2W ICW . . . . . . . . . . 29°39'29\"N 91°14'46\"W Shaffer Junction . . . . . . . . . . . . . . ICW - Bayou Shaffer Mile 94.5 ICW . . 29°41'10\"N 91°11'38\"W
114 ■ Chapter 2 ■ Volume 2 TABLE 161.45(b)–VTS ST. MARYS RIVER REPORTING POINTS Designator Geographic name Geographic description Latitude/ Notes Ile Parisienne Light . . . . . . . . . . . . . . . . . . Longitude Downbound Only. 1 Ile Parisienne. . . . . . . . . . . . . . . . . Gros Cap Reefs Light . . . . . . . . . . . . . . . . . Upbound Only. Round Island Light 32 . . . . . . . . . . . . . . . . 46°37.3'N 2 Gros Cap Reef . . . . . . . . . . . . . . . . Pointe Louise Light . . . . . . . . . . . . . . . . . . 84°45.9'W Upbound Only. West Center Pierhead Light . . . . . . . . . . . . Downbound Only. 3 Round Island . . . . . . . . . . . . . . . . . East Center Pierhead Light . . . . . . . . . . . . 46°30.6'N Light 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . 84°37.1'W Downbound Only. 4 Pointe Louise. . . . . . . . . . . . . . . . . Six Mile Point . . . . . . . . . . . . . . . . . . . . . . . Light 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . 46°26.9'N 5 West End of Locks . . . . . . . . . . . . . Light 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . 84°31.7'W Lighted Junction Buoy. . . . . . . . . . . . . . . . 6 East End of Locks . . . . . . . . . . . . . De Tour Reef Light . . . . . . . . . . . . . . . . . . . 46°27.8'N 84°28.2'W 7 Mission Point. . . . . . . . . . . . . . . . . 46°30.2'N 8 Six Mile Point . . . . . . . . . . . . . . . . 84°22.2'W 9 Ninemile Point . . . . . . . . . . . . . . . 46°30.1'N 84°20.3'W 10 West Neebish Channel. . . . . . . . . . 46°29.2'N 11 Munuscong Lake Junction . . . . . . 84°18.1'W 12 De Tour Reef . . . . . . . . . . . . . . . . . 46°26.1'N 84°15.4'W 46°23.5'N 84°14.1'W 46°16.9'N 84°12.5'W 46°10.8'N 84°05.6'W 46°56.9'N 83°53.7'W §162.5 Definitions. and thence flaring to a width of 300 feet at the south- (1949) The following definition applies to this part: erly limit line. (1950) Merchant mariner credential or MMC means the (1952) (b) The regulations. (1) Vessels shall not anchor or moor within the restricted area. credential issued by the Coast Guard under 46 CFR part (1953) (2) All vessels traversing the area shall pass directly 10. It combines the individual merchant mariner’s doc- through without unnecessary delay, and shall give sea- ument, license, and certificate of registry enumerated planes the right-of-way at all times. in 46 U.S.C. subtitle II part E as well as the STCW en- dorsement into a single credential that serves as the §162.20 Flushing Bay near La Guardia Airport, mariner’s qualification document, certificate of identi- Flushing, N.Y.; restricted area. fication, and certificate of service. (1954) (a) The area. An area in the main channel in Flushing Bay extending for a distance of 300 feet on ei- §162.15 Manhasset Bay, N.Y.; seaplane restricted ther side of the extended center line of Runway No. area. 13–31 at La Guardia Airport. (1951) (a) The restricted area. An area in Manhasset Bay (1955) (b) The regulations. (1) All vessels traversing in the between the shore at Manorhaven on the north and the area shall pass directly through without unnecessary southerly limit line of the special anchorage area in delay. Manhasset Bay, west area at Manorhaven (described in (1956) (2) No vessels having a height of more than 35 feet 33 CFR 110.60), on the south; its axis being a line bear- with reference to the plane of mean high water shall ing 166°50' true from latitude 40°50'17.337\", longitude enter or pass through the area whenever visibility is 73°43'03.877\", which point is on the south side of Or- less than one mile. chard Beach Boulevard at Manorhaven; and being 100 feet wide for a distance of 380 feet in a southerly direc- tion from the south side of Orchard Beach Boulevard,
Navigation Regulations ■ Chapter 2 ■ 115 Part 164–Navigation Safety Regulations (in §164.03 Incorporation by reference. part). For a complete description of this part (1970) (a) Certain material is incorporated by reference see 33 CFR 164. into this part with the approval of the Director of the §164.01 Applicability. Federal Register under 5 U.S.C. 552(a) and 1 CFR part (1957) (a) This part (except as specifically limited by this 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must section) applies to each self-propelled vessel of 1600 or publish notice of change in the Federal Register and more gross tons (except as provided in paragraphs (c) the material must be available to the public. All ap- and (d) of this section, or for foreign vessels described proved material is available for inspection at the Navi- in §164.02) when it is operating in the navigable waters gation Systems Division (CG-5413), Coast Guard of the United States except the St. Lawrence Seaway. Headquarters, 2100 2nd Street St. SW, Stop 7355, (1958) (b) Sections 164.70 through 164.82 of this part ap- Washington, DC 20593-7355 and at the National Ar- ply to each towing vessel of 12 meters (39.4 feet) or chives and Records Administration (NARA). For infor- more in length operating in the navigable waters of the mation on the availability of this material at NARA, call United States other than the St. Lawrence Seaway; ex- 202-741-6030, or go to: http://www.archives.gov/fed- cept that a towing vessel is exempt from the require- eral_register/code_of_federal_regulations/ibr_loca- ments of §164.72 if it is– tions.html. All approved material is available from the (1959) (1) Used solely within a limited geographic area, sources indicated in paragraph (b) of this section. such as a fleeting-area for barges or a commercial facil- (1971) (b) The materials approved for incorporation by ity, and used solely for restricted service, such as mak- reference in this part and the sections affected are as ing up or breaking up larger tows; follows: (1960) (2) Used solely for assistance towing as defined by (1972) American Petroleum Institute (API), 1220 L Street 46 CFR 10.103; NW., Washington, DC 20005 (1961) (3) Used solely for pollution response; or (1973) API Specifications 9A, Specification for Wire Rope, (1962) (4) Any other vessel exempted by the Captain of the Section 3, Properties and Tests for Wire and Wire Rope, Port (COTP). The COTP, upon written request, may, in May 28, 1984 · · · · · · · · · · · · · · · · · · · · · · · · · · 164.74 writing, exempt a vessel from §164.72 for a specified (1974) American Society for Testing and Materials route if he or she decides that exempting it would not (ASTM), 100 Barr Harbor Drive, West Conshohocken, allow its unsafe navigation under anticipated condi- PA 19428-2959. tions. (1975) ASTM D4268-93, Standard Test Method for Testing (1963) (c) Provisions of §§164.11(a)(2) and (c), 164.30, Fiber Ropes . . . . . . . . . . . . . . . . . . . . . . . . . . . 164.74 164.33, and 164.46 do not apply to warships or other (1976) Cordage Institute, 350 Lincoln Street, Hingham, vessels owned, leased, or operated by the United States MA 02043 Government and used only in government noncom- (1977) CIA-3, Standard Test Methods for Fiber Rope In- mercial service when these vessels are equipped with cluding Standard Terminations, Revised, June 1980 electronic navigation systems that have met the appli- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164.74 cable agency regulations regarding navigation safety. (1978) International Electrotechnical Commission (IEC), (1964) (d) Provisions of §164.46 apply to some self-pro- 3, rue de Varemb, Geneva, Switzerland. pelled vessels of less than 1600 gross tonnage. (1979) IEC 61993–2, Maritime navigation and radiocom- munication equipment and systems—Automatic iden- §164.02 Applicability exception for foreign tification systems (AIS)—part 2: Class A shipborne vessels. equipment of the universal automatic identification (1965) (a) Except as provided in §164.46(a)(2) of this part, system (AIS)—Operational and performance require- including §§164.38 and 164.39, this part does not apply ments, methods of test and required test results First to vessels that: edition, 2001–12· · · · · · · · · · · · · · · · · · · · · · · · 164.46 (1966) (1) Are not destined for, or departing from, a port or (1980) International Maritime Organization (IMO), 4 Al- place subject to the jurisdiction of the United States; bert Embankment, London SE1 7SR, U.K. IMO Resolu- and tion A342(IX), Recommendation on Performance (1967) (2) Are in: Standards for Automatic Pilots, adopted November 12, (1968) (i) Innocent passage through the territorial sea of 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164.13 the United States; or (1981) Resolution MSC.74(69), Annex 3, Recommenda- (1969) (ii) Transit through navigable waters of the United tion on Performance Standards for a Universal Ship- States which form a part of an international strait. borne Automatic Identification System (AIS), adopted May 12, 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . 164.46
116 ■ Chapter 2 ■ Volume 2 (1982) SN/Circ. 227, Guidelines for the Installation of a (1998) (b) Each person performing a duty described in Shipborne Automatic Identification System (AIS), paragraph (a) of this section is competent to perform dated January 6, 2003 · · · · · · · · · · · · · · · · · · · 164.46 that duty; (1983) SOLAS, International Convention for Safety of Life (1999) (c) The position of the vessel at each fix is plotted at Sea, 1974, and 1988 Protocol relating thereto, 2000 on a chart of the area and the person directing the Amendments, effective January and July 2002, (SOLAS movement of the vessel is informed of the vessel’s posi- 2000 Amendments) · · · · · · · · · · · · · · · · · · · · · 164.46 tion; (1984) Conference resolution 1, Adoption of amendments (2000) (d) Electronic and other navigational equipment, to the Annex to the International Convention for the external fixed aids to navigation, geographic reference Safety of Life at Sea, 1974, and amendments to Chapter points, and hydrographic contours are used when fix- V of SOLAS 1974, adopted December 12, 2002 · · · · · ing the vessel’s position; · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · 164.46 (2001) (e) Buoys alone are not used to fix the vessel’s posi- (1985) International Telecommunication Union Radio- tion; communication Bureau (ITU-R), Place de Nations CH-1211 Geneva 20 Switzerland (2002) Note: Buoys are aids to navigation placed in ap- proximate positions to alert the mariner to hazards to (1986) (1) ITU-R Recommendation M.821, Optional Ex- navigation or to indicate the orientation of a channel. pansion of the Digital Selective-Calling System for Use Buoys may not maintain an exact position because in the Maritime Mobile Service, 1992 . . . . . . . 164.43 strong or varying currents, heavy seas, ice, and colli- sions with vessels can move or sink them or set them (1987) (2) ITU-R Recommendation M.825, Characteristics adrift. Although buoys may corroborate a position fixed of a Transponder System Using Digital Selective-Call- by other means, buoys cannot be used to fix a position: ing Techniques for Use with Vessel Traffic Services and however, if no other aids are available, buoys alone may Ship-to-Ship Identification, 1992 . . . . . . . . . 164.43 be used to establish an estimated position. (1988) ITU–R Recommendation M.1371–1, Technical (2003) (f) The danger of each closing visual or each closing characteristics for a universal shipborne automatic radar contact is evaluated and the person directing the identification system using time division multiple ac- movement of the vessel knows the evaluation; cess in the VHF maritime mobile band, 1998-2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164.46 (2004) (g) Rudder orders are executed as given; (2005) (h) Engine speed and direction orders are executed (1989) Radio Technical Commission for Maritime Ser- vices, 655 Fifteenth Street, NW., Suite 300, Washing- as given; ton, DC 20005 (2006) (i) Magnetic variation and deviation and gyrocom- (1990) (1) RTCM Paper 12-78/DO-100, Minimum Perfor- pass errors are known and correctly applied by the per- mance Standards, Loran C Receiving Equipment, 1977 son directing the movement of the vessel; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164.41 (2007) (j) A person whom he has determined is competent to steer the vessel is in the wheelhouse at all times (See (1991) (2) RTCM Paper 194-93/SC104-STD, RTCM Rec- also 46 U.S.C. 8702(d), which requires an able seaman ommended Standards for Differential NAVSTAR GPS at the wheel on U.S. vessels of 100 gross tons or more in Service, Version 2.1, 1994 . . . . . . . . . . . . . . . . 164.43 narrow or crowded waters during low visibility.); (2008) (k) If a pilot other than a member of the vessel’s (1992) (3) RTCM Paper 71-95/SC112-STD, RTCM Recom- crew is employed, the pilot is informed of the draft, ma- mended Standards for Marine Radar Equipment In- neuvering characteristics, and peculiarities of the ves- stalled on Ships of Less Than 300 Tons Gross Tonnage, sel and of any abnormal circumstances on the vessel Version 1.1, October 10, 1995 . . . . . . . . . . . . . 164.72 that may affect its safe navigation. (2009) (1) Current velocity and direction for the area to be (1993) (4) RTCM Paper 191-93/SC112-X, RTCM Recom- transited are known by the person directing the move- mended Standards for Maritime Radar Equipment In- ment of the vessel; stalled on Ships of 300 Tons Gross Tonnage and (2010) (m) Predicted set and drift are known by the person Upwards, Version 1.2, December 20, 1993 . . . . 164.72 directing movement of the vessel; (2011) (n) Tidal state for the area to be transited is known §164.11 Navigation under way: General. by the person directing movement of the vessel; (1994) The owner, master, or person in charge of each ves- (2012) (o) The vessel’s anchors are ready for letting go; (2013) (p) The person directing the movement of the ves- sel underway shall ensure that: sel sets the vessel’s speed with consideration for– (1995) (a) The wheelhouse is constantly manned by per- (2014) (1) The prevailing visibility and weather condi- tions; sons who– (1996) (1) Direct and control the movement of the vessel; and (1997) (2) Fix the vessel’s position;
Navigation Regulations ■ Chapter 2 ■ 117 (2015) (2) The proximity of the vessel to fixed shore and merchant mariner credential on watch on the bridge, marine structures; one of whom may be a pilot. In waters where a pilot is required, the second officer, must be an individual (2016) (3) The tendency of the vessel underway to squat holding an appropriately endorsed license or merchant and suffer impairment of maneuverability when there mariner credential and assigned to the vessel as master, is small underkeel clearance; mate, or officer in charge of a navigational watch, who is separate and distinct from the pilot. (2017) (4) The comparative proportions of the vessel and (2030) (d) Except as specified in paragraph (e) of this sec- the channel; tion, a tanker may operate with an auto pilot engaged only if all of the following conditions exist: (2018) (5) The density of marine traffic; (2031) (1) The operation and performance of the auto- (2019) (6) The damage that might be caused by the vessel’s matic pilot conforms with the standards recommended by the International Maritime Organization in IMO wake; Resolution A.342(IX). (2020) (7) The strength and direction of the current; and (2032) (2) A qualified helmsman is present at the helm and (2021) (8) Any local vessel speed limit; prepared at all times to assume manual control. (2022) (q) The tests required by §164.25 are made and re- (2033) (3) The tanker is not operating in any of the follow- ing areas: corded in the vessel’s log; and (2034) (i) The areas of the traffic separation schemes spec- (2023) (r) The equipment required by this part is main- ified in subchapter P of the chapter. (2035) (ii) The portions of a shipping safety fairway speci- tained in operable condition. fied in part 166 of this chapter. (2024) (s) Upon entering U.S. waters, the steering wheel or (2036) (iii) An anchorage ground specified in part 110 of this chapter. lever on the navigating bridge is operated to determine (2037) (iv) An area within one-half nautical mile of any if the steering equipment is operating properly under U.S. shore. manual control, unless the vessel has been steered un- (2038) (e) A tanker equipped with an integrated naviga- der manual control from the navigating bridge within tion system, and complying with paragraph (d)(2) of the preceding 2 hours, except when operating on the this section, may use the system with the auto pilot en- Great Lakes and their connecting and tributary waters. gaged while in the areas described in paragraphs (d)(3) (2025) (t) At least two of the steering-gear power units on (i) and (ii) of this section. The master shall provide, the vessel are in operation when such units are capable upon request, documentation showing that the inte- of simultaneous operation, except when the vessel is grated navigation system– sailing on the Great Lakes and their connecting and (2039) (1) Can maintain a predetermined trackline with a tributary waters, and except as required by paragraph cross track error of less than 10 meters 95 percent of (u) of this section. the time; (2026) (u) On each passenger vessel meeting the require- (2040) (2) Provides continuous position data accurate to ments of the International Convention for the Safety of within 20 meters 95 percent of the time; and Life at Sea, 1960 (SOLAS 60) and on each cargo vessel (2041) (3) Has an immediate override control. meeting the requirements of SOLAS 74 as amended in 1981, the number of steering-gear power units neces- §164.15 Navigation bridge visibility. sary to move the rudder from 35 on either side to 30 on (2042) (a) The arrangement of cargo, cargo gear, and trim the other in not more than 28 seconds must be in si- multaneous operation. of all vessels entering or departing from U.S. ports must be such that the field of vision from the naviga- §164.13 Navigation underway: tankers. tion bridge conforms as closely as possible to the fol- (2027) (a) As used in this section, “tanker” means a lowing requirements: (2043) (1) From the conning position, the view of the sea self-propelled tank vessel, including integrated tug surface must not be obscured by more than the lesser barge combinations, constructed or adapted primarily of two ship lengths or 500 meters (1,640 feet) from to carry oil or hazardous material in bulk in the cargo dead ahead to 10 degrees on either side of the vessel. spaces and inspected and certificated as a tanker. Within this arc of visibility any blind sector caused by (2028) (b) Each tanker must have an engineering watch cargo, cargo gear, or other permanent obstruction capable of monitoring the propulsion system, commu- must not exceed 5 degrees. nicating with the bridge, and implementing manual control measures immediately when necessary. The watch must be physically present in the machinery spaces or in the main control space and must consist of at least an engineer with an appropriately endorsed li- cense or merchant mariner credential. (2029) (c) Each tanker must navigate with at least two deck officers with an appropriately endorsed license or
118 ■ Chapter 2 ■ Volume 2 (2044) (2) From the conning position, the horizontal field (2059) (vi) Each remote steering gear power unit failure of vision must extend over an arc from at least 22.5 de- alarm. grees abaft the beam on one side of the vessel, through dead ahead, to at least 22.5 degrees abaft the beam on (2060) (vii) The full movement of the rudder to the re- the other side of the vessel. Blind sectors forward of the quired capabilities of the steering gear. beam caused by cargo, cargo gear, or other permanent obstruction must not exceed 10 degrees each, nor total (2061) (2) All internal vessel control communications and more than 20 degrees, including any blind sector vessel control alarms. within the arc of visibility described in paragraph (a)(1) of this section. (2062) (3) Standby or emergency generator, for as long as necessary to show proper functioning, including steady (2045) (3) From each bridge wing, the field of vision must state temperature and pressure readings. extend over an arc from at least 45 degrees on the oppo- site bow, through dead ahead, to at least dead astern. (2063) (4) Storage batteries for emergency lighting and power systems in vessel control and propulsion ma- (2046) (4) From the main steering position, the field of vi- chinery spaces. sion must extend over an arc from dead ahead to at least 60 degrees on either side of the vessel. (2064) (5) Main propulsion machinery, ahead and astern. (2065) (b) Vessels navigating on the Great Lakes and their (2047) (b) A clear view must be provided through at least two front windows at all times regardless of weather connecting and tributary waters, having once com- conditions. pleted the test requirements of this sub-part, are con- sidered to remain in compliance until arriving at the §164.19 Requirements for vessels at anchor. next port of call on the Great Lakes. (2048) The master or person in charge of each vessel that (2066) (c) Vessels entering the Great Lakes from the St. Lawrence Seaway are considered to be in compliance is anchored shall ensure that– with this sub-part if the required tests are conducted (2049) (a) A proper anchor watch is maintained; preparatory to or during the passage of the St. Law- (2050) (b) Procedures are followed to detect a dragging rence Seaway or within one hour of passing Wolfe Is- land. anchor; and (2067) (d) No vessel may enter, or be operated on the navi- (2051) (c) Whenever weather, tide, or current conditions gable waters of the United States unless the emergency steering drill described below has been conducted are likely to cause the vessel’s anchor to drag, action is within 48 hours prior to entry and logged in the vessel taken to ensure the safety of the vessel, structures, and logbook, unless the drill is conducted and logged on a other vessels, such as being ready to veer chain, let go a regular basis at least once every three months. This second anchor, or get underway using the vessel’s own drill must include at a minimum the following: propulsion or tug assistance. (2068) (1) Operation of the main steering gear from within the steering gear compartment. §164.25 Tests before entering or getting underway. (2069) (2) Operation of the means of communications be- (2052) (a) Except as provided in paragraphs (b) and (c) of tween the navigating bridge and the steering compart- ment. this section no person may cause a vessel to enter into (2070) (3) Operation of the alternative power supply for or get underway on the navigable waters of the United the steering gear if the vessel is so equipped. States unless no more than 12 hours before entering or getting underway, the following equipment has been §164.30 Charts, publications, and equipment: tested: General. (2053) (1) Primary and secondary steering gear. The test (2071) No person may operate or cause the operation of a procedure includes a visual inspection of the steering vessel unless the vessel has the marine charts, publica- gear and its connecting linkage, and where applicable, tions, and equipment as required by §§164.33 through the operation of the following: 164.41 of this part. (2054) (i) Each remote steering gear control system. (2055) (ii) Each steering position located on the navigat- §164.33 Charts and publications. ing bridge. (2072) (a) Each vessel must have the following: (2056) (iii) The main steering gear from the alternative (2073) (1) Marine charts of the area to be transited, pub- power supply, if installed. (2057) (iv) Each rudder angle indicator in relation to the lished by the National Ocean Service, U.S. Army Corps actual position of the rudder. of Engineers, or a river authority that– (2058) (v) Each remote steering gear control system (2074) (i) Are of a large enough scale and have enough de- power failure alarm. tail to make safe navigation of the area possible; and (2075) (ii) Are currently corrected.
Navigation Regulations ■ Chapter 2 ■ 119 (2076) (2) For the area to be transited, a currently cor- transfer required to alter course 90 degrees with rected copy of, or applicable currently corrected extract maximum rudder angle and constant power settings, from, each of the following publications: for either full and half speeds, or for full and slow speeds. For vessels whose turning circles are essen- (2077) (i) U.S. Coast Pilot. tially the same for both directions, a diagram showing a (2078) (ii) Coast Guard Light List. turning circle in one direction, with a note on the dia- (2079) (3) For the area to be transited, the current edition gram stating that turns to port and starboard are essen- tially the same, may be substituted. of, or applicable current extract from: (2093) (2) The time and distance to stop the vessel from ei- (2080) (i) Tide tables published by private entities using ther full and half speeds, or from full and slow speeds, while maintaining approximately the initial heading data provided by the National Ocean Service. with minimum application of rudder. (2081) (ii) Tidal current tables published by private enti- (2094) (3) For each vessel with a fixed propeller, a table of shaft revolutions per minute for a representative range ties using data provided by the National Ocean Service, of speeds. or river current publication issued by the U.S. Army (2095) (4) For each vessel with a controllable pitch propel- Corps of Engineers, or a river authority. ler, a table of control settings for a representative range (2082) (b) As an alternative to the requirements for para- of speeds. graph (a) of this section, a marine chart or publication, (2096) (5) For each vessel that is fitted with an auxiliary or applicable extract, published by a foreign govern- device to assist in maneuvering, such as a bow thruster, ment may be substituted for a U.S. chart and publica- a table of vessel speeds at which the auxiliary device is tion required by this section. The chart must be of large effective in maneuvering the vessel. enough scale and have enough detail to make safe navi- (2097) (6) The maneuvering information for the normal gation of the area possible, and must be currently cor- load and normal ballast condition for– rected. The publication, or applicable extract, must (2098) (i) Calm weather-wind 10 knots or less, calm sea; singly or in combination contain similar information (2099) (ii) No current; to the U.S. Government publication to make safe navi- (2100) (iii) Deep water conditions-water depth twice the gation of the area possible. The publication, or applica- vessel’s draft or greater; and ble extract must be currently corrected, with the (2101) (iv) Clean hull. exceptions of tide and tidal current tables, which must (2102) (7) At the bottom of the fact sheet, the following be the current editions. statement: (2083) (c) As used in this section, “currently corrected” (2103) Warning. means corrected with changes contained in all Notices (2104) The response of the (name of the vessel) may be dif- to Mariners published by the National Geospatial-Intel- ferent from that listed above if any of the following con- ligence Agency, or an equivalent foreign government ditions, upon which the maneuvering information is publication, reasonably available to the vessel, and that based, are varied: is applicable to the vessel’s transit. (2105) (1) Calm weather-wind 10 knots or less, calm sea; (2106) (2) No current; §164.35 Equipment: All vessels. (2107) (3) Water depth twice the vessel’s draft or greater; (2084) Each vessel must have the following: (2108) (4) Clean hull; and (2085) (a) A marine radar system for surface navigation. (2109) (5) Intermediate drafts or unusual trim. (2086) (b) An illuminated magnetic steering compass, (2110) (h) An echo depth sounding device. (2111) (i) A device that can continuously record the depth mounted in a binnacle, that can be read at the vessel’s readings of the vessel’s echo depth sounding device, ex- main steering stand. cept when operating on the Great Lakes and their con- (2087) (c) A current magnetic compass deviation table or necting and tributary waters. graph or compass comparison record for the steering (2112) (j) Equipment on the bridge for plotting relative compass, in the wheelhouse. motion. (2088) (d) A gyrocompass. (2113) (k) Simple operating instructions with a block dia- (2089) (e) An illuminated repeater for the gyrocompass re- gram, showing the changeover procedures for remote quired by paragraph (d) of this section that is at the steering gear control systems and steering gear power main steering stand, unless that gyrocompass is illumi- units, permanently displayed on the navigating bridge nated and is at the main steering stand. and in the steering gear compartment. (2090) (f) An illuminated rudder angle indicator in the wheelhouse. (2091) (g) The following maneuvering information promi- nently displayed on a fact sheet in the wheelhouse: (2092) (1) A turning circle diagram to port and starboard that shows the time and distance and advance and
120 ■ Chapter 2 ■ Volume 2 (2114) (1) An indicator readable from the centerline con- (2126) Existing tanker means a tanker– ning position showing the rate of revolution of each (2127) (1) For which the building contract is placed on or propeller, except when operating on the Great Lakes and their connecting and tributary waters. after June 1, 1979; (2128) (2) In the absence of a building contract, the keel of (2115) (m) If fitted with controllable pitch propellers, an indicator readable from the centerline conning posi- which is laid or which is at a similar stage of construc- tion showing the pitch and operational mode of such tion on or after January 1, 1980; propellers, except when operating on the Great Lakes (2129) (3) The delivery of which occurs on or after June 1, and their connecting and tributary waters. 1982; or (2130) (4) That has undergone a major conversion con- (2116) (n) If fitted with lateral thrust propellers, an indica- tracted for on or after June 1, 1979; or construction of tor readable from the centerline conning position which was begun on or after January 1, 1980, or com- showing the direction and amount of thrust of such pleted on or after June 1, 1982. propellers, except when operating on the Great Lakes (2131) Public vessel, oil, hazardous materials, and foreign and their connecting and tributary waters. vessel mean the same as in 46 U.S.C. 2101. (2132) SOLAS 74 means the International Convention for (2117) (o) A telephone or other means of communication the Safety of Life at Sea, 1974, as amended. for relaying headings to the emergency steering sta- (2133) Tanker means a self-propelled vessel defined as a tion. Also, each vessel of 500 gross tons and over and tanker by 46 U.S.C. 2101(38) or as a tank vessel by 46 constructed on or after June 9, 1995 must be provided U.S.C. 2101(39). with arrangements for supplying visual com- (2134) (c) Each tanker constructed on or after September pass-readings to the emergency steering station. 1, 1984, must meet the applicable requirements of Chapter II-1, Regulations 29 and 30, of SOLAS 74. §164.37 Equipment: Vessels of 10,000 gross tons (2135) (d) Each tanker constructed before September 1, or more. 1984, must meet the requirements of Chapter II-1, (2118) (a) Each vessel of 10,000 gross tons or more must Regulation 29.19, of SOLAS 74. have, in addition to the radar system under §164.35(a), (2136) (e) Each tanker of 40,000 gross tons or more, con- a second marine radar system that operates independ- structed before September 1, 1984, that does not meet ently of the first. the single-failure criterion of Chapter II-1, Regulation (2119) Note: Independent operation means two com- 29.16, of SOLAS 74, must meet the requirements of pletely separate systems, from separate branch power Chapter II-1, Regulation 29.20, of SOLAS 74. supply circuits or distribution panels to antennas, so (2137) (f) Each tanker constructed before September 1, that failure of any component of one system will not 1984, must meet the applicable requirements of Chap- render the other system inoperative. ter II-1, Regulations 29.14 and 29.15, of SOLAS 74. (2120) (b) On each tanker of 10,000 gross tons or more that is subject to 46 U.S.C. 3708, the dual radar system §164.40 Devices to indicate speed and distance. required by this part must have a short range capability (2138) (a) Each vessel required to be fitted with an Auto- and a long range capability and each radar must have true north features consisting of a display that is stabi- matic Radar Plotting Aid (ARPA) under §164.38 of this lized in azimuth. part must be fitted with a device to indicate speed and distance of the vessel either through the water, or over §164.38 Automatic radar plotting aids (ARPA).(See the ground. 33 CFR 164.) (2139) (b) The device must meet the following specifica- tions: §164.39 Steering gear: Foreign tankers. (2140) (1) The display must be easily readable on the (2121) (a) This section applies to each foreign tanker of bridge by day or night. (2141) (2) Errors in the indicated speed, when the vessel is 10,000 gross tons or more, except a public vessel, that– operating free from shallow water effect, and from the (2122) (1) Transfers oil at a port or place subject to the ju- effects of wind, current, and tide, should not exceed 5 percent of the speed of the vessel, or 0.5 knot, which- risdiction of the United States; or ever is greater. (2123) (2) Otherwise enters or operates in the navigable (2142) (3) Errors in the indicated distance run, when the vessel is operating free from shallow water effect, and waters of the United States, except a vessel described by from the effects of wind, current, and tide, should not §164.02 of this part. exceed 5 percent of the distance run of the vessel in one (2124) (b) Definitions. The terms used in this section are as follows: (2125) Constructed means the same as in Chapter II-1, Regulations 1.1.2 and 1.1.3.1, of SOLAS 74.
Navigation Regulations ■ Chapter 2 ■ 121 hour or 0.5 nautical mile in each hour, whichever is §164.42 Rate of turn indicator. greater. (2158) Each vessel of 100,000 gross tons or more con- §164.41 Electronic position fixing devices. structed on or after September 1, 1984, shall be fitted (2143) (a) Each vessel calling at a port in the continental with a rate of turn indicator. United States, including Alaska south of Cape Prince of §164.43 Automatic Identification System Wales, except each vessel owned or bareboat chartered Shipborne Equipment–Prince William Sound. and operated by the United States, or by a state or its (2159) (a) Until December 31, 2004, each vessel required political subdivision, or by a foreign nation, and not en- to provide automated position reports to a Vessel Traf- gaged in commerce, must have one of the following: fic Service (VTS) under §165.1704 of this subchapter (2144) (1) A Type I or II LORAN C receiver as defined in must do so by an installed Automatic Identification Section 1.2(e), meeting Part 2 (Minimum Performance System Shipborne Equipment (AISSE) system consist- Standards) of the Radio Technical Commission for Ma- ing of a: rine Services (RTCM) Paper 12-78/D0-100 dated De- (2160) (1) Twelve-channel all-in-view Differential Global cember 20, 1977, entitled “Minimum Performance Positioning System (dGPS) receiver; Standards (MPS) Marine Loran-C Receiving Equip- (2161) (2) Marine band Non-Directional Beacon receiver ment.” Each receiver installed must be labeled with the capable of receiving dGPS error correction messages; information required under paragraph (b) of this sec- (2162) (3) VHF-FM transceiver capable of Digital Selective tion. Calling (DSC) on the designated DSC frequency; and (2145) (2) A satellite navigation receiver with: (2163) (4) Control unit. (2146) (i) Automatic acquisition of satellite signals after (2164) (b) An AISSE must have the following capabilities: initial operator settings have been entered; and (2165) (1) Use dGPS to sense the position of the vessel and (2147) (ii) Position updates derived from satellite infor- determine the time of the position using Universal Co- mation during each usable satellite pass. ordinated Time (UTC); (2148) (3) A system that is found by the Commandant to (2166) (2) Fully use the broadcast type 1, 2, 3, 5, 6, 7, 9, and meet the intent of the statements of availability, cover- 16 messages, as specified in RTCM Recommended age, and accuracy for the U.S. Coastal Confluence Zone Standards for Differential NAVSTAR GPS Service in de- (CCZ) contained in the U.S. “Federal Radionavigation termining the required information; Plan” (Report No. DOD-NO 4650.4-P, I or No. (2167) (3) Achieve a position error which is less than ten DOT-TSC-RSPA-80-16, I). A person desiring a finding meters (32.8 feet) 2 distance root mean square (2 drms) by the Commandant under this subparagraph must from the true North American Datum of 1983 (NAD 83) submit a written application describing the device to in the position information transmitted to a VTS; the Assistant Commandant for Operations, (CG-3), (2168) (4) Achieve a course error of less than 0.5 degrees 2100 2nd St. SW, Stop 7238, Washington, DC from true course over ground in the course informa- 20593-7238. After reviewing the application, the Com- tion transmitted to a VTS; mandant may request additional information to estab- (2169) (5) Achieve a speed error of less than 0.05 knots lish whether or not the device meets the intent of the from true speed over ground in the speed information Federal Radionavigation Plan. transmitted to a VTS; (2149) Note: The Federal Radionavigation Plan is available (2170) (6) Receive and comply with commands broadcast from the National Technical Information Service, from a VTS as DSC messages on the designated DSC Springfield, Va. 22161, with the following Government frequency; Accession Numbers: (2171) (7) Receive and comply with RTCM messages (2150) Vol 1, ADA 116468 broadcast as minimum shift keying modulated me- (2151) Vol 2, ADA 116469 dium frequency signals in the marine radiobeacon (2152) Vol 3, ADA 116470 band, and supply the messages to the dGPS receiver; (2153) Vol 4, ADA 116471 (2172) (8) Transmit the vessel’s position, tagged with the (2154) (b) Each label required under paragraph (a)(1) of UTC position solution, course over ground, speed over this section must show the following: ground, and Lloyd’s identification number to a VTS; (2155) (1) The name and address of the manufacturer. (2173) (9) Display a visual alarm to indicate to shipboard (2156) (2) The following statement by the manufacturer: personnel when a failure to receive or utilize the RTCM (2157) This receiver was designed and manufactured to messages occurs; meet Part 2 (Minimum Performance Standards) of the (2174) (10) Display a separate visual alarm which is trig- RTCM MPS for Marine Loran-C Receiving Equipment. gered by a VTS utilizing a DSC message to indicate to shipboard personnel that the U.S. Coast Guard dGPS
122 ■ Chapter 2 ■ Volume 2 system cannot provide the required error correction and speed without the input of an external positioning messages; and device (e.g. dGPS); the use of other external devices (2175) (11) Display two RTCM type 16 messages, one of (e.g. transmitting heading device, gyro, rate of turn in- which must display the position error in the position dicator) is highly recommended, however, not required error broadcast. except as stated in §164.46(a)(2). “Type approved” re- (2176) (c) An AISSE is considered non-operational if it fers to an approval by an IMO recognized Administra- fails to meet the requirements of paragraph (b) of this tion as to comply with IMO Resolution MSC.74(69), section. ITU–R Recommendation M.1371–1, and IEC 61993-2 (2177) Note: Vessel Traffic Service (VTS) areas and operat- (Incorporated by reference, see §164.03). “Length” re- ing procedures are set forth in Part 161 of this chapter. fers to “registered length” as defined in 46 CFR part 69. “Gross tonnage” refers to tonnage as defined under the §164.46 Automatic Identification System (AIS). International Convention on Tonnage Measurement of (2178) (a) The following vessels must have a properly in- Ships, 1969. (2190) (b) The requirements for Vessel Bridge-to-Bridge stalled, operational, type approved AIS as of the date radiotelephones in §§26.04(a) and (c), 26.05, 26.06 and specified: 26.07 of this chapter, also apply to AIS. The term “effec- (2179) (1) Self-propelled vessels of 65 feet or more in tive operating condition” used in §26.06 of this chapter length, other than passenger and fishing vessels, in includes accurate input and upkeep of AIS data fields. commercial service and on an international voyage, (2191) (c) The use of a portable AIS is permissible only to not later than December 31, 2004. the extent that electromagnetic interference does not (2180) (2) Nothwithstanding paragraph (a)(1) of this sec- affect the proper function of existing navigation and tion, the following, self-propelled vessels, that are on communication equipment on board and such that an international voyage must also comply with SOLAS, only one AIS unit may be in operation at any one time. as amended, Chapter V, regulation 19.2.1.6, 19.2.4, and (2192) (d) The AIS Pilot Plug, on each vessel over 1,600 19.2.3.5 or 19.2.5.1 as appropriate (Incorporated by ref- gross tons, on an international voyage, must be avail- erence, see §164.03): able for pilot use, easily accessible from the primary (2181) (i) Passenger vessels, of 150 gross tonnage or more, conning position of the vessel, and near a 120 Volt, AC not later than July 1, 2003; power, 3-prong receptacle. (2182) (ii) Tankers, regardless of tonnage, not later than the first safety survey for safety equipment on or after §164.51 Deviations from rules: Emergency. July 1, 2003; (2193) Except for the requirements of §164.53(b), in an (2183) (iii) Vessels, other than passenger vessels or tank- ers, of 50,000 gross tonnage or more, not later than emergency, any person may deviate from any rule in July 1, 2004; and this part to the extent necessary to avoid endangering (2184) (iv) Vessels, other than passenger vessels or tank- persons, property, or the environment. ers, of 300 gross tonnage or more but less than 50,000 gross tonnage, not later than the first safety survey for §164.53 Deviations from rules and reporting: safety equipment on or after July 1, 2004, but no later Non-operating equipment. than December 31, 2004. (2194) (a) If during a voyage any equipment required by (2185) (3) Notwithstanding paragraphs (a)(1) and (a)(2) of this part stops operating properly, the person directing this section, the following vessels, when navigating an the movement of the vessel may continue to the next area denoted in table 161.12(c) of §161.12 of this chap- port of call, subject to the directions of the District ter, not later than December 31, 2004: Commander or the Captain of the Port, as provided by (2186) (i) Self-propelled vessels of 65 feet or more in 33 CFR 160. length, other than fishing vessels and passenger vessels (2195) (b) If the vessel’s radar, radio navigation receivers, certificated to carry less than 151 passengers-for-hire, gyrocompass, echo depth sounding device, or primary in commercial service; steering gear stops operating properly, the person di- (2187) (ii) Towing vessels of 26 feet or more in length and recting the movement of the vessel must report or more than 600 horsepower, in commercial service; cause to be reported that it is not operating properly to (2188) (iii) Passenger vessels certificated to carry more the nearest Captain of the Port, District Commander, than 150 passengers-for-hire. or, if participating in a Vessel Traffic Service, to the Ves- (2189) Note to §164.46(a): “Properly installed” refers to sel Traffic Center, as soon as possible. an installation using the guidelines set forth in IMO SN/Circ. 227 (incorporated by reference, see §164.03). Not all AIS units are able to broadcast position, course,
Navigation Regulations ■ Chapter 2 ■ 123 §164.55 Deviations from rules: Continuing in 46 U.S.C. subtitle II part E as well as the STCW en- operation or period of time. dorsement into a single credential that serves as the (2196) The Captain of the Port, upon written application, mariner’s qualification document, certificate of identi- may authorize a deviation from any rule in this part if fication, and certificate of service. he determines that the deviation does not impair the (2207) Swing-meter means an electronic or electric de- safe navigation of the vessel under anticipated condi- vice that indicates the rate of turn of the vessel on tions and will not result in a violation of the rules for board which it is installed. preventing collisions at sea. The authorization may be (2208) Towing vessel means a commercial vessel engaged issued for vessels operating in the waters under the ju- in or intending to engage in pulling, pushing or haul- risdiction of the Captain of the Port for any continuing ing alongside, or any combination of pulling, pushing, operation or period of time the Captain of the Port or hauling alongside. specifies. (2209) Western Rivers means the Mississippi River, its tributaries, South Pass, and Southwest Pass, to the §164.61 Marine casualty reporting and record navigational-demarcation lines dividing the high seas retention. from harbors, rivers, and other inland waters of the (2197) When a vessel is involved in a marine casualty as United States, and the Port Allen-Morgan City Alterna- defined in 46 CFR 4.03-1, the master or person in tive Route, and that part of the Atchafalaya River above charge of the vessel shall– its junction with the Port Allen-Morgan City Alterna- (2198) (a) Ensure compliance with 46 CFR 4.05, “Notice of tive Route including the Old River and the Red River Marine Casualty and Voyage Records,” and and those waters specified by §§89.25 and 89.27 of this (2199) (b) Ensure that the voyage records required by 46 chapter, and such other, similar waters as are desig- CFR 4.05-15 are retained for– nated by the COTP. (2200) (1) 30 days after the casualty if the vessel remains in the navigable waters of the United States; or §164.72 Navigational-safety equipment, charts or (2201) (2) 30 days after the return of the vessel to a United maps, and publications required on towing vessels. States port if the vessel departs the navigable waters of (2210) (a) Except as provided by §164.01(b), each towing the United States within 30 days after the marine casu- vessel must be equipped with the following naviga- alty. tional-safety equipment: (2211) (1) Marine Radar. By August 2, 1997, a marine ra- §164.70 Definitions. dar that meets the following applicable requirements: (2202) For purposes of §§164.72 through 164.82, the term– (2212) (i) For a vessel of less than 300 tons gross tonnage (2203) Current edition means the most recent published that engages in towing on navigable waters of the U.S., including Western Rivers, the radar must meet– version of a publication, chart, or map required by (2213) (A) The requirements of the Federal Communica- §164.72. tions Commission (FCC) specified by 47 CFR part 80; (2204) Currently corrected edition means a current or and previous edition of a publication required by §164.72, (2214) (B) RTCM Standard for Marine Radar Equipment corrected with changes that come from Notice to Mari- Installed on Ships of Less Than 300 Tons Gross Ton- ners (NTMs) or Notices to Navigation reasonably avail- nage, RTCM Paper-71-95/SC112-STD, Version 1.1, dis- able and that apply to the vessel’s transit. play Category II and stabilization Category Bravo. Hand-annotated river maps from U.S. Army Corps of (2215) (ii) For a vessel of less than 300 tons gross tonnage Engineers (ACOE) are currently corrected editions if that engages in towing seaward of navigable waters of issued within the previous 5 years. the U.S. or more than three nautical miles from shore (2205) Great Lakes means the Great Lakes and their con- on the Great Lakes, the radar must meet– necting and tributary waters including the Calumet (2216) (A) The requirements of the FCC specified by 47 River as far as the Thomas J. O’Brien Lock and Con- CFR part 80; and trolling Works (between miles 326 and 327), the Chi- (2217) (B) RTCM Standard for Marine Radar Equipment cago River as far as the east side of the Ashland Avenue Installed on Ships of Less Than 300 Tons Gross Ton- Bridge (between miles 321 and 322), and the Saint nage, RTCM Paper 71-95/SC112-STD, Version 1.1, dis- Lawrence River as far east as the lower exit of Saint play Category I and stabilization Category Alpha. Lambert Lock. (2218) (iii) For a vessel of 300 tons gross tonnage or more (2206) Merchant mariner credential or MMC means the that engages in towing on navigable waters of the U.S., credential issued by the Coast Guard under 46 CFR part including Western rivers, the radar must meet– 10. It combines the individual merchant mariner’s doc- ument, license, and certificate of registry enumerated
124 ■ Chapter 2 ■ Volume 2 TABLE 164.72 – Equipment, Charts or Maps, and Publications of Towing Vessels for 12 Meters or More in Length Western Rivers U.S. Navigable Waters Waters seaward of Navigable Waters and 3 (other than Western Rivers) NM or more from shore on the Great Lakes RTCM Paper 71-95/SC112-STD Version 1.1 Marine Radar: Display Category II1 RTCM Paper 71-95/SC112-STD Version 1.1 RTCM Paper 71-95/SC112-STD Version 1.1 Towing Vessels of Stabilization Category BRAVO less than 300 GT RTCM Paper 191-93/SC112-X Version 1.2 Display Category II1 Display Category I2 (except the Azimuth stabilization Towing Vessels of requirement in paragraph 3.10)1 Stabilization Category BRAVO Stabilization Category ALPHA 300 GT or more X RTCM Paper 191-93/SC112-X Version 1.2 RTCM Paper 191-93/SC112-X Version 1.21 Searchlight X (except the Azimuth stabilization VHF-FM Radio X3 requirement in paragraph 3.10)1 Magnetic Compass X3 Swing Meter XX Echo Depth-sound- (1) Large enough scale ing Device (2) Current edition or currently corrected XX Electronic Position edition Fixing Device (1) U.S. Coast Guard Light List XX (2) Notices to Navigation or Local Notices Charts or Maps to Mariners X X (3) River-current Tables General Publications (1) Large enough scale X (2) Current edition or currently corrected edition (1) Large enough scale (1) U.S. Coast Guard Light List (2) Currently corrected edition (2) Local Notices to Mariners (3) Tidal-current Tables (1) U.S. Coast Guard Light List (4) Tide Tables (2) Local Notices to Mariners (5) U.S. Coast Pilot (3) Tidal-current Tables (4) Tide Tables (5) U.S. Coast Pilot Notes: 1 Towing vessels with existing radar must meet this requirement by August 2, 1998. 2 Towing vessels with existing radar must meet this requirement by August 2, 1998 but do not need to meet the display and stabilization requirements until August 2, 2001. 3 A towing vessel may carry either a swing-meter or a magnetic compass. (2219) (A) The requirements of the Federal Communica- (2225) (2) Searchlight. A searchlight, directable from the tions Commission (FCC) specified by 47 CFR part 80; vessel’s main steering station and capable of illuminat- and ing objects at a distance of at least two times the length of the tow. (2220) (B) RTCM Recommended Standards for Marine Ra- dar Equipment Installed on Ships of 300 Tons Gross (2226) (3) VHF-FM Radio. An installation or multiple in- Tonnage and Upwards, RTCM Paper 191-93/SC112-X, stallations of VHF-FM radios as prescribed by part 26 of Version 1.2 except the requirements for azimuth stabi- this chapter and 47 CFR part 80, to maintain a continu- lization in paragraph 3.10. ous listening watch on the designated calling channel, VHF-FM Channel 13 (except on portions of the Lower (2221) (iv) For a vessel of 300 tons gross tonnage or more Mississippi River, where VHF-FM Channel 67 is the that engages in towing seaward of navigable waters of designated calling channel), and to separately monitor the U.S. or more than three nautical miles from shore the International Distress and Calling Channel, on the Great Lakes, the radar must meet– VHF-FM Channel 16, except when transmitting or re- ceiving traffic on other VHF-FM channels or when par- (2222) (A) The requirements of the FCC specified by 47 ticipating in a Vessel Traffic Service (VTS) or CFR part 80; and monitoring a channel of a VTS. (Each U.S. towing ves- sel of 26 feet (about 8 meters) or more in length, except (2223) (B) RTCM Recommended Standards for Marine Ra- a public vessel, must hold a ship-radio-station license dar Equipment Installed on Ships of 300 Tons Gross for radio transmitters (including radar and EPIRBs), Tonnage and Upwards, RTCM Paper 191-93/SC112-X, and each operator must hold a restricted operator’s li- Version 1.2. cense or higher. To get an application for either license, call (800) 418-FORM or (202) 418-FORM, or write to (2224) (v) A towing vessel with an existing radar must the FCC; Wireless Bureau, Licensing Division; 1270 meet the applicable requirements of paragraphs Fairfield Road; Gettysburg, PA 17325-7245.) (a)(1)(i) through (iv) of this section by August 2, 1998; except that a towing vessel with an existing radar must (2227) (4) Magnetic Compass. Either– meet the display and stabilization requirements of paragraph (a)(1)(ii)(B) of this section by August 2, 2001.
Navigation Regulations ■ Chapter 2 ■ 125 (2228) (i) An illuminated swing-meter or an illuminated (2242) (B) Applicable Notices to Navigation published by card-type magnetic steering compass readable from the ACOE, or Local Notices to Mariners (LNMs) pub- the vessel’s main steering station, if the vessel engages lished by the Coast Guard, for the area to be transited, in towing exclusively on Western Rivers; or when available; and (2229) (ii) An illuminated card-type magnetic steering (2243) (C) River-current tables published by the ACOE or compass readable from the vessel’s main steering sta- a river authority, if available. tion. (2244) (ii) If the vessel is engaged other than in towing ex- (2230) (5) Echo Depth-Sounding Device. By August 2, clusively on Western Rivers– 2001, an echo depth-sounding device readable from the vessel’s main steering station, unless the vessel en- (2245) (A) Coast Guard Light List; gages in towing exclusively on Western Rivers. (2246) (B) Notices to Mariners published by the National (2231) (6) Electronic Position-Fixing Device. An elec- Geospatial-Intelligence Agency, or LNMs published by tronic position-fixing device, either a LORAN-C re- the Coast Guard; ceiver or a satellite navigational system such as the (2247) (C) Tidal-Current tables published by private enti- Global Positioning System (GPS) as required by ties using data provided by the NOS, or river-current §164.41, if the vessel engages in towing seaward of nav- tables published by the ACOE or a river authority: igable waters of the U.S. or more than three nautical (2248) (D) Tide tables published by private entities using miles from shore on the Great Lakes. data provided by the NOS; and (2249) (E) U.S. Coast Pilot. (2232) (b) Each towing vessel must carry on board and (2250) (c) Table 164.72, summarizes the navigational- maintain the following: safety equipment, charts or maps, and publications re- quired for towing vessels of 12 meters or more in (2233) (1) Charts or maps. Marine charts or maps of the length: areas to be transited, published by the National Ocean Service (NOS), the ACOE, or a river authority that sat- §164.74 Towline and terminal gear for towing astern. isfy the following requirements. (2251) (a) Towline. The owner, master, or operator of each (2234) (i) The charts or maps must be of a large enough vessel towing astern shall ensure that the strength of scale and have enough detail to make safe navigation of each towline is adequate for its intended service, con- the areas possible. sidering at least the following factors: (2252) (1) The size and material of each towline must be– (2235) (ii) The charts or maps must be either– (2253) (i) Appropriate for the horsepower or bollard pull of (2236) (A) Current editions or currently corrected edi- the vessel; (2254) (ii) Appropriate for the static loads and dynamic tions, if the vessel engages in towing exclusively on loads expected during the intended service; navigable waters of the U.S., including Western Rivers; (2255) (iii) Appropriate for the sea conditions expected or during the intended service; (2237) (B) Currently corrected editions, if the vessel en- (2256) (iv) Appropriate for exposure to the marine envi- gages in towing seaward of navigable waters of the U.S. ronment and to any chemicals used or carried on board or more than three nautical miles from shore on the the vessel; Great Lakes. (2257) (v) Appropriate for the temperatures of normal (2238) (iii) The charts or maps may be, instead of charts or stowage and service on board the vessel; maps required by paragraphs (b)(1) (i) and (ii) of this (2258) (vi) Compatible with associated navigational-safety section, currently corrected marine charts or maps, or equipment; and applicable extracts, published by a foreign government. (2259) (vii) Appropriate for the likelihood of mechanical These charts or maps, or applicable extracts, must con- damage. tain information similar to that on the charts or maps (2260) (2) Each towline as rigged must be– required by paragraphs (b)(1) (i) and (ii) of this section, (2261) (i) Free of knots; be of large enough scale, and have enough detail to (2262) (ii) Spliced with a thimble, or have a poured socket make safe navigation of the areas possible, and must be at its end; and currently corrected. (2263) (iii) Free of wire clips except for temporary repair, (2239) (2) General publications. A currently corrected for which the towline must have a thimble and either edition of, or an applicable currently corrected extract five wire clips or as many wire clips as the manufac- from, each of the following publications for the area to turer specifies for the nominal diameter and construc- be transited: tion of the towline, whichever is more. (2240) (i) If the vessel is engaged in towing exclusively on Western Rivers– (2241) (A) U.S. Coast Guard Light List;
126 ■ Chapter 2 ■ Volume 2 (2264) (3) The condition of each towline must be moni- (2276) (v) Keeping on board the towing vessel or in com- tored through the– pany files of a record of the material condition of the towline when inspected under paragraphs (a)(3)(iii) (2265) (i) Keeping on board the towing vessel or in com- and (iv) of this section. Once this record lapses for pany files of a record of the towline’s initial minimum three months or more, except when a vessel is laid up breaking strength as determined by the manufacturer, or out of service or has not deployed its towline, the by a classification (“class”) society authorized in owner, master, or operator shall retest the towline or §157.04 of this chapter, or by a tensile test that meets remove it from service. API Specification 9A, Specification for Wire Rope, Sec- tion 3; ASTM D 4268 (incorporated by reference, see (2277) (b) Terminal gear. The owner, master, or operator §164.03), Standard Test Method for Testing Fiber of each vessel towing astern shall ensure that the gear Ropes; or Cordage Institute CIA 3, Standard Test used to control, protect, and connect each towline Methods for Fiber Rope Including Standard Termina- meets the following criteria: tions; (2278) (1) The material and size of the terminal gear are (2266) (ii) If the towline is purchased from another owner, appropriate for the strength and anticipated loading of master, or operator of a vessel with the intent to use it the towline and for the environment; as a towline or if it is retested for any reason, keeping on board the towing vessel or in company files of a re- (2279) (2) Each connection is secured by at least one nut cord of each retest of the towline’s minimum breaking with at least one cotter pin or other means of prevent- strength as determined by a class society authorized in ing its failure; §157.04 of this chapter or by a tensile test that meets API Specification 9A, Section 3; ASTM D 4268; (incor- (2280) (3) The lead of the towline is appropriate to prevent porated by reference, see §164.03) or Cordage Institute sharp bends in the towline from fairlead blocks, CIA 3, Standard Test Methods; chocks, or tackle; (2267) (iii) Conducting visual inspections of the towline in (2281) (4) There is provided a method, whether mechani- accordance with the manufacturer’s recommenda- cal or non-mechanical, that does not endanger operat- tions, or at least monthly, and whenever the service- ing personnel but that easily releases the towline; ability of the towline is in doubt (the inspections being conducted by the owner, master, or operator, or by a (2282) (5) The towline is protected from abrasion or chaf- person on whom the owner, master, or operator confers ing by chafing gear, lagging, or other means; the responsibility to take corrective measures appro- priate for the use of the towline); (2283) (6) Except on board a vessel towing in ice on West- ern Rivers or one using a towline of synthetic or natu- (2268) (iv) Evaluating the serviceability of the whole tow- ral fiber, there is fitted a winch that evenly spools and line or any part of the towline, and removing the whole tightly winds the towline; and or part from service either as recommended by the manufacturer or a class society authorized in §157.04 (2284) (7) If a winch is fitted, there is attached to the main of this chapter or in accordance with a replacement drum a brake that has holding power appropriate for schedule developed by the owner, master, or operator the horsepower or bollard pull of the vessel and can be that accounts for at least the– operated without power to the winch. (2269) (A) Nautical miles on, or time in service of, the tow- §164.76 Towline and terminal gear for towing line; alongside and pushing ahead. (2285) The owner, master, or operator of each vessel tow- (2270) (B) Operating conditions experienced by the tow- ing alongside or pushing ahead shall ensure the face line; wires, spring lines, and push gear used– (2286) (a) Are appropriate for the vessel’s horsepower; (2271) (C) History of loading of the towline; (2287) (b) Are appropriate for the arrangement of the tow; (2272) (D) Surface condition, including corrosion and dis- (2288) (c) Are frequently inspected; and (2289) (d) Remain serviceable. coloration, of the towline; (2273) (E) Amount of visible damage to the towline; §164.78 Navigation under way: Towing vessels. (2274) (F) Amount of material deterioration indicated by (2290) (a) The owner, master, or operator of each vessel measurements of diameter and, if applicable, measure- towing shall ensure that each person directing and ments of lay extension of the towline; and controlling the movement of the vessel– (2275) (G) Point at which a tensile test proves the mini- (2291) (1) Understands the arrangement of the tow and mum breaking strength of the towline inadequate by the effects of maneuvering on the vessel towing and on the standards of paragraph (a)(1) of this section, if nec- the vessel, barge, or object being towed; essary; and
Navigation Regulations ■ Chapter 2 ■ 127 (2292) (2) Can fix the position of the vessel using installed (2305) (5) Terminal gear. Visual inspection of tackle; of navigational equipment, aids to navigation, geographic connections of bridle and towing pendant, if applicable; reference-points, and hydrographic contours; of chafing gear; and the winch brake, if installed. (2293) (3) Does not fix the position of the vessel using (2306) (6) Propulsion systems. Visual inspection of the buoys alone (Buoys are aids to navigation placed in ap- spaces for main propulsion machinery, of machinery, proximate positions either to alert mariners to hazards and of devices for monitoring machinery. to navigation or to indicate the orientation of a chan- nel. They may not maintain exact charted positions, be- (2307) (b) The owner, master, or operator of each towing cause strong or varying currents, heavy seas, ice and vessel of 1,600 GT or more shall ensure that the follow- collisions with vessels can move or sink them or set ing tests of equipment occur at the frequency required them adrift. Although they may corroborate a position by §164.25 and that the following inspections of gear fixed by other means, they cannot fix a position; how- occur before the vessel embarks on a voyage of more ever, if no other aids are available, buoys alone may es- than 24 hours or when each new master or operator as- tablish an estimated position.); sumes command: (2294) (4) Evaluates the danger of each closing visual or (2308) (1) Navigational equipment. Tests of onboard radar contact; equipment as required by §164.25. (2295) (5) Knows and applies the variation and deviation, (2309) (2) Terminal gear. Visual inspection of tackle; of where a magnetic compass is fitted and where charts or connections of bridle and towing pendant, if applicable; maps have enough detail to enable this type of correc- of chafing gear; and of the winch brake, if installed. tion; (2310) (c)(1) The voyage-planning requirements outlined (2296) (6) Knows the speed and direction of the current, in this section do not apply to you if your towing vessel and the set, drift, and tidal state for the area to be is– transited; (2311) (i) Used solely for any of the following services or (2297) (7) Proceeds at a safe speed taking into account the any combination of these services– weather, visibility, density of traffic, draft of tow, possi- bility of wake damage, speed and direction of the cur- (2312) (A) Within a limited geographic area, such as fleet- rent, and local speed-limits; and ing-area for barges or a commercial facility, and used for restricted service, such as making up or breaking up (2298) (8) Monitors the voyage plan required by §164.80. larger tows: (2299) (b) The owner, master, or operator of each vessel (2313) (B) For harbor assist; towing shall ensure that the tests and inspections re- (2314) (C) For assistance towing as defined by 46 CFR quired by §164.80 are conducted and that the results are entered in the log or other record carried on board. 10.103; (2315) (D) For response to emergency or pollution; §164.80 Tests, inspections, and voyage planning. (2316) (ii) A public vessel that is both owned, or demise (2300) (a) The owner, master, or operator of each towing chartered, and operated by the United States Govern- vessel of less than 1,600 GT shall ensure that the fol- ment or by a government of a foreign country; and that lowing tests and inspections of gear occur before the is not engaged in commercial service; vessel embarks on a voyage of more than 24 hours or (2317) (iii) A foreign vessel engaged in innocent passage; when each new master or operator assumes command: or (2301) (1) Steering-systems. A test of the steer- (2318) (iv) Exempted by the Captain of the Port (COTP). ing-gear-control system; a test of the main steering (2319) (2) If you think your towing vessel should be ex- gear from the alternative power supply, if installed; a empt from these voyage planning requirements for a verification of the rudder-angle indicator relative to the specified route, you should submit a written request to actual position of the rudder; and a visual inspection of the appropriate COTP. The COTP will provide you with the steering gear and its linkage. a written response granting or denying your request. (2302) (2) Navigational equipment. A test of all installed (2320) (3) If any part of a towing vessel’s intended voyage navigational equipment. is seaward of the baseline (i.e. the shoreward boundary) (2303) (3) Communications. Operation of all internal ves- of the territorial sea of the U.S., then the owner, master, sel control communications and vessel-control alarms, or operator of the vessel, employed to tow a barge or if installed. barges, must ensure that the voyage with the barge or (2304) (4) Lights. Operation of all navigational lights and barges is planned, taking into account all pertinent in- all searchlights. formation before the vessel embarks on the voyage. The master must check the planned route for proximity to hazards before the voyage begins. During a voyage, if a decision is made to deviate substantially from the planned route, then the master or mate must plan the
128 ■ Chapter 2 ■ Volume 2 new route before deviating from the planned route. The requires that each user of a VTS report to the Vessel voyage plan must follow company policy and consider Traffic Center as soon as practicable: the following (related requirements noted in parenthe- (2333) (1) Any absence or malfunction of vessel-operating ses): equipment for navigational safety, such as propulsion (2321) (i) Applicable information from nautical charts and machinery, steering gear, radar, gyrocompass, echo publications (also see paragraph (b) of section 164.72), depth-sounding or other sounding device, automatic including Coast Pilot, Coast Guard Light List, and dependent surveillance equipment, or navigational Coast Guard Local Notice to Mariners for the port of de- lighting; parture, all ports of call, and the destination; (2334) (2) Any condition on board the vessel likely to im- (2322) (ii) Current and forecast weather, including visibil- pair navigation, such as shortage of personnel or lack of ity, wind, and sea state for the port of departure, all current nautical charts or maps, or publications; and ports of call, and the destination (also see paragraphs (2335) (3) Any characteristics of the vessel that affect or (a)(7) of section 164.78 and (b) of section 164.82); restrict the maneuverability of the vessel, such as ar- (2323) (iii) Data on tides and currents for the port of de- rangement of cargo, trim, loaded condition, under-keel parture, all ports of call, and the destination, and the clearance, and speed.) river stages and forecast, if appropriate; (2336) (d) Deviation and authorization. The owner, mas- (2324) (iv) Forward and after drafts of the barge or barges ter, or operator of each towing vessel unable to repair and under-keel and vertical clearances (air-gaps) for all within 96 hours an inoperative marine radar required bridges, ports, and berthing areas; by §164.72(a) shall so notify the Captain of the Port (2325) (v) Pre-departure checklists; (COTP) and shall seek from the COTP both a deviation (2326) (vi) Calculated speed and estimated time of arrival from the requirements of this section and an authori- at proposed waypoints; zation for continued operation in the area to be (2327) (vii) Communication contacts at any Vessel Traffic transited. Failure of redundant navigational-safety Services, bridges, and facilities, and any port specific equipment, including but not limited to failure of one requirements for VHF radio; of two installed radars, where each satisfies §164.72(a), (2328) (viii) Any master’s or operator’s standing orders de- does not necessitate either a deviation or an authoriza- tailing closest points of approach, special conditions, tion. and critical maneuvers; and (2337) (1) The initial notice and request for a deviation (2329) (ix) Whether the towing vessel has sufficient power and an authorization may be spoken, but the request to control the tow under all foreseeable circumstances. must also be written. The written request must explain why immediate repair is impracticable, and state when §164.82 Maintenance, failure, and reporting. and by whom the repair will be made. (2330) (a) Maintenance. The owner, master, or operator of (2338) (2) The COTP, upon receiving even a spoken re- quest, may grant a deviation and an authorization from each towing vessel shall maintain operative the naviga- any of the provisions of §§164.70 through 164.82 for a tional-safety equipment required by §164.72. specified time if he or she decides that they would not (2331) (b) Failure. If any of the navigational-safety equip- impair the safe navigation of the vessel under antici- ment required by §164.72 fails during a voyage, the pated conditions. owner, master, or operator of the towing vessel shall ex- ercise due diligence to repair it at the earliest practica- Part 165–Regulated Navigation Areas and ble time. He or she shall enter its failure in the log or Limited Access Areas other record carried on board. The failure of equip- ment, in itself, does not constitute a violation of this Subpart A–General rule; nor does it constitute unseaworthiness; nor does it obligate an owner, master, or operator to moor or an- §165.1 Purpose of part. chor the vessel. However, the owner, master, or opera- (2339) The purpose of this part is to– tor shall consider the state of the equipment-along (2340) (a) Prescribe procedures for establishing different with such factors as weather, visibility, traffic, and the dictates of good seamanship-in deciding whether it is types of limited or controlled access areas and regu- safe for the vessel to proceed. lated navigation areas; (2332) (c) Reporting. The owner, master, or operator of (2341) (b) Prescribe general regulations for different types each towing vessel whose equipment is inoperative or of limited or controlled access areas and regulated nav- otherwise impaired while the vessel is operating within igation areas; a Vessel Traffic Service (VTS) Area shall report the fact as required by 33 CFR 161.124. (33 CFR 161.124
Navigation Regulations ■ Chapter 2 ■ 129 (2342) (c) Prescribe specific requirements for established §165.7 Notification. areas; and (2362) (a) The establishment of these limited access areas (2343) (d) List specific areas and their boundaries. and regulated navigation areas is considered rulemaking. The procedures used to notify persons of §165.3 Definitions. the establishment of these areas vary depending upon (2344) The following definitions apply to this part: the circumstances and emergency conditions. Notifi- (2345) Credential means any or all of the following: cation may be made by marine broadcasts, local notice (2346) (1) Merchant mariner’s document. to mariners, local news media, distribution in leaflet (2347) (2) Merchant mariner’s license. form, and on-scene oral notice, as well as publication in (2348) (3) STCW endorsement. the Federal Register. (2349) (4) Certificate of registry. (2363) (b) Notification normally contains the physical (2350) (5) Merchant mariner credential. boundaries of the area, the reasons for the rule, its esti- (2351) Merchant mariner credential or MMC means the mated duration, and the method of obtaining authori- zation to enter the area, if applicable, and special credential issued by the Coast Guard under 46 CFR part navigational rules, if applicable. 10. It combines the individual merchant mariner’s doc- (2364) (c) Notification of the termination of the rule is ument, license, and certificate of registry enumerated usually made in the same form as the notification of its in 46 U.S.C. subtitle II part E as well as the STCW en- establishment. dorsement into a single credential that serves the mari- ner’s qualification document, certificate of §165.8 Geographic coordinates. identification, and certificate of service. (2365) Geographic coordinates expressed in terms of lati- §165.5 Establishment procedures. tude or longitude, or both, are not intended for plotting (2352) (a) A safety zone, security zone, or regulated navi- on maps or charts whose referenced horizontal datum is the North American Datum of 1983 (NAD 83), unless gation area may be established on the initiative of any such geographic coordinates are expressly labeled NAD authorized Coast Guard official. 83. Geographic coordinates without the NAD 83 refer- (2353) (b) Any person may request that a safety zone, secu- ence may be plotted on maps or charts referenced to rity zone, or regulated navigation area be established. NAD 83 only after application of the appropriate correc- Except as provided in paragraph (c) of this section, each tions that are published on the particular map or chart request must be submitted in writing to either the Cap- being used. tain of the Port or District Commander having jurisdic- tion over the location as described in 33 CFR 3, and §165.9 Geographic application of limited and including the following: controlled access areas and regulated navigation (2354) (1) The name of the person submitting the request; areas. (2355) (2) The location and boundaries of the safety zone, (2366) (a) General. The geographic application of the lim- security zone, or regulated navigation area; ited and controlled access areas and regulated naviga- (2356) (3) The date, time, and duration that the safety tion areas in this part are determined based on the zone, security zone, or regulated navigation area statutory authority under which each is created. should be established; (2367) (b) Safety zones and regulated navigation areas. (2357) (4) A description of the activities planned for the These zones and areas are created under the authority safety zone, security zone, or regulated navigation of the Ports and Waterways Safety Act, 33 U.S.C. area; 1221–1232. Safety zones established under 33 U.S.C. (2358) (5) The nature of the restrictions or conditions de- 1226 and regulated navigation areas may be established sired; and in waters subject to the jurisdiction of the United (2359) (6) The reason why the safety zone, security zone, States as defined in §2.38 of this chapter, including the or regulated navigation area is necessary. territorial sea to a seaward limit of 12 nautical miles (2360) (Requests for safety zones, security zones, and reg- from the baseline. ulated navigation areas are approved by the Office of (2368) (c) Security zones. These zones have two sources of Management and Budget under control number authority—the Ports and Waterways Safety Act, 33 1625-0020. U.S.C. 1221–1232, and the Act of June 15, 1917, as (2361) (c) Safety Zones and Security Zones. If, for good amended by both the Magnuson Act of August 9, 1950 cause, the request for a safety zone or security zone is (“Magnuson Act”), 50 U.S.C. 191–195, and sec. 104 the made less than 5 working days before the zone is to be Maritime Transportation Security Act of 2002 (Pub. L. established, the request may be made orally, but it 107-295, 116 Stat. 2064). Security zones established must be followed by a written request within 24 hours.
130 ■ Chapter 2 ■ Volume 2 under either 33 U.S.C. 1226 or 50 U.S.C. 191 may be es- fixed limits or it may be described as a zone around a tablished in waters subject to the jurisdiction of the vessel in motion. United States as defined in §2.38 of this chapter, includ- ing the territorial sea to a seaward limit of 12 nautical §165.23 General regulations. miles from the baseline. (2378) Unless otherwise provided in this part– (2369) (d) Naval vessel protection zones. These zones are (2379) (a) No person may enter a safety zone unless autho- issued under the authority of 14 U.S.C. 91 and 633 and may be established in waters subject to the jurisdiction rized by the COTP or the District Commander; of the United States as defined in §2.38 of this chapter, (2380) (b) No person may bring or cause to be brought including the territorial sea to a seaward limit of 12 nautical miles from the baseline. into a safety zone any vehicle, vessel, or object unless authorized by the COTP or the District Commander; Subpart B–Regulated Navigation Areas (2381) (c) No person may remain in a safety zone or allow any vehicle, vessel, or object to remain in a safety zone §165.10 Regulated navigation areas. unless authorized by the COTP or the District Com- (2370) A regulated navigation area is a water area within a mander; and (2382) (d) Each person in a safety zone who has notice of a defined boundary for which regulations for vessels nav- lawful order or direction shall obey the order or direc- igating within the area have been established under tion of the COTP or District Commander issued to this part. carry out the purposes of this subpart. §165.11 Vessel operating requirements Subpart D–Security Zones (regulations). (2371) Each District Commander may control vessel traf- §165.30 Security zones. fic in an area which is determined to have hazardous (2383) (a) A security zone is an area of land, water, or land conditions, by issuing regulations: (2372) (a) Specifying times of vessel entry, movement, or and water which is so designated by the Captain of the departure to, from, within, or through ports, harbors, Port or District Commander for such time as is neces- or other waters; sary to prevent damage or injury to any vessel or water- (2373) (b) Establishing vessel size, speed, draft limita- front facility, to safeguard ports, harbors, territories, or tions, and operating conditions; and waters of the United States or to secure the observance (2374) (c) Restricting vessel operation, in a hazardous of the rights and obligations of the United States. area or under hazardous conditions, to vessels which (2384) (b) The purpose of a security zone is to safeguard have particular operating characteristics or capabili- from destruction, loss, or injury from sabotage or other ties which are considered necessary for safe operation subversive acts, accidents, or other causes of a similar under the circumstances. nature– (2385) (1) Vessels, §165.13 General regulations. (2386) (2) Harbors, (2375) (a) The master of a vessel in a regulated navigation (2387) (3) Ports and (2388) (4) Waterfront facilities–in the United States and area shall operate the vessel in accordance with the all territory and water, continental or insular, that is regulations contained in Subpart F. subject to the jurisdiction of the United States. (2376) (b) No person may cause or authorize the operation of a vessel in a regulated navigation area contrary to the §165.33 General regulations. regulations in this Part. (2389) Unless otherwise provided in the special regula- Subpart C–Safety Zones tions in Subpart F of this part– (2390) (a) No person or vessel may enter or remain in a se- §165.20 Safety zones. (2377) A Safety Zone is a water area, shore area, or water curity zone without the permission of the Captain of the Port; and shore area to which, for safety or environmental (2391) (b) Each person and vessel in a security zone shall purposes, access is limited to authorized persons, vehi- obey any direction or order of the Captain of the Port; cles, or vessels. It may be stationary and described by (2392) (c) The Captain of the Port may take possession and control of any vessel in the security zone; (2393) (d) The Captain of the Port may remove any person, vessel, article, or thing from a security zone;
Navigation Regulations ■ Chapter 2 ■ 131 (2394) (e) No person may board, or take or place any arti- (2407) (G) Any other time a vessel may be operating in a cle or thing on board, any vessel in a security zone Hazardous Vessel Operating Condition as defined in without the permission of the Captain of the Port; and §161.2 of this Chapter. (2395) (f) No person may take or place any article or thing (2408) (ii) Double-hull tank barges are exempt from para- upon any waterfront facility in a security zone without graph (d)(1)(i) of this section. the permission of the Captain of the Port. (2409) (iii) The cognizant Captain of the Port (COTP), Subpart E–Restricted Waterfront Areas upon written application, may authorize an exemption from the requirements of paragraph (d)(1)(i) of this §165.40 Restricted Waterfront Areas. section for— (2396) The Commandant, may direct the COTP to prevent (2410) (A) Any tank barge with a capacity of less than access to waterfront facilities, and port and harbor ar- 25,000 barrels, operating in an area with limited depth eas, including vessels and harbor craft therein. This or width such as a creek or small river; or section may apply to persons who do not possess the credentials outlined in 33 CFR 125.09 when certain (2411) (B) Any tank barge operating on any water within shipping activities are conducted that are outlined in the COTP Zone, if the operator demonstrates to the sat- 33 CFR 125.15. isfaction of the COTP that the barge employs an equiva- lent level of safety to that provided by the positive Subpart F–Specific Regulated Navigation control provisions of this section. Each request for an Areas and Limited Access Areas exemption under this paragraph must be submitted in writing to the cognizant COTP no later than 7 days §165.100 Regulated Navigation Area: Navigable before the intended transit. waters within the First Coast Guard District. (2397) (a) Regulated navigation area. All navigable waters (2412) (iv) The operator of a towing vessel engaged in tow- of the United States, as that term is used in 33 CFR ing any tank barge must immediately call for an escort 2.36, within the geographic boundaries of the First or assist tug to render assistance in the event of any of Coast Guard District, as defined in 33 CFR 3.05-1(b). the occurrences identified in paragraph (d)(1)(i) of this (2398) (b) Definitions. Terms used in this section have the section. same meaning as those found in 33 CFR 157.03. Sin- gle-hull identifies any tank barge that is not a dou- (2413) (2) Enhanced communications. Each vessel en- ble-hull tank barge. gaged in towing a tank barge must communicate by ra- (2399) (c) Applicability. This section applies to primary dio on marine band or Very High Frequency (VHF) towing vessels engaged in towing tank barges carrying channel 13 or 16, and issue security calls on marine petroleum oil in bulk as cargo in the regulated naviga- band or VHF channel 13 or 16, upon approach to the tion area, or as authorized by the District commander. following places: (2400) (d) Regulations–(1) Positive control for barges. (i) Except as provided in paragraph (d)(1)(iii) and para- (2414) (i) Execution Rocks Light (USCG Light List No. graph 5 of this section, each single-hull tank barge, un- (LLNR) 21440). less being towed by a primary towing vessel with twin-screw propulsion and with a separate system for (2415) (ii) Matinecock Point Shoal Buoy (LLNR 21420). power to each screw, must be accompanied by an escort (2416) (iii) 32A Buoy (LLNR 21380). or assist tug of sufficient capability to promptly push or (2417) (iv) Cable and Anchor Reef Buoy (LLNR 21330). tow the tank barge away from danger of grounding or (2418) (v) Stratford Middle Ground Light (LLNR 21260). collision in the event of— (2419) (vi) Old Field Point Light (LLNR 21275). (2401) (A) A propulsion failure; (2420) (vii) Approach to Stratford Point from the south (2402) (B) A parted towing line; (2403) (C) A loss of tow; (NOAA Chart 12370). (2404) (D) A fire; (2421) (viii) Falkner Island Light (LLNR 21170). (2405) (E) Grounding; (2422) (ix) TE Buoy (LLNR 21160). (2406) (F) A loss of steering; or (2423) (x) CF Buoy (LLNR 21140). (2424) (xi) PI buoy (LLNR 21080). (2425) (xii) Race Rock Light (LLNR 19815). (2426) (xiii) Valiant Rock Buoy (LLNR 19825). (2427) (xiv) Approach to Point Judith in vicinity of Block Island ferry route. (2428) (xv) Buzzards Bay Entrance Light (LLNR 630). (2429) (xvi) Buzzards Bay Midchannel Lighted Buoy (LLNR 16055) (2430) (xvii) Cleveland East Ledge Light (LLNR 16085). (2431) (xviii) Hog Island buoys 1 (LLNR 16130) and 2 (LLNR 16135).
132 ■ Chapter 2 ■ Volume 2 (2432) (xix) Approach to the Bourne Bridge. (2455) (5) Special Buzzards Bay regulations.(i) For the (2433) (xx) Approach to the Sagamore Bridge. purposes of this section, “Buzzards Bay” is the body of (2434) (xxi) Approach to the eastern entrance of Cape Cod water east and north of a line drawn from the southern tangent of Sakonnet Point, Rhode Island, in approxi- Canal. mate position 41°27.2'N., 70°11.7'W., to the Buzzards (2435) (3) Voyage planning. (i) Each owner or operator of Bay Entrance Light in approximate position 41°23.5'N., 71°02.0'W., and then to the southwestern tangent of a towing vessel employed to tow a tank barge shall pre- Cuttyhunk Island, Massachusetts, at approximate posi- pare a written voyage plan for each transit of the tank tion 41°24.6'N., 70°57.0'W., and including all of the barge. Cape Cod Canal to its eastern entrance, except that the (2436) (ii) The watch officer is authorized to make modifi- area of New Bedford harbor within the confines (north) cations to the plan and validate it as necessary. of the hurricane barrier, and the passage through the (2437) (iii) Except as provided in paragraph (d)(3)(iv) of Elizabeth Islands, is not considered to be “Buzzards this section, each voyage plan must contain: Bay”. (2438) (A) A description of the type, volume, and grade of cargo. (2456) (ii) Additional positive control for barges. Except as (2439) (B) Applicable information from nautical charts provided in paragraph (d)(1)(iii) of this section, each and publications, including Coast Pilot, Coast Guard single hull tank barge transiting buzzards Bay and car- Light List, and Coast Guard Local Notice to Mariners, rying 5,000 or more barrels of oil or other hazardous for the destination(s). material must, in addition to its primary tug, be ac- (2440) (C) Current and forecasted weather, including visi- companied by an escort tug of sufficient capability to bility, wind, and sea state for the destination(s). promptly push or tow the tank barge away from danger (2441) (D) Data on tides and tidal currents for the destina- of grounding or collision in the event of- tion(s). (2442) (E) Forward and after drafts of the tank barge, and (2457) (A) A propulsion failure; under-keel and vertical clearances for each port and (2458) (B) A parted tow line; berthing area. (2459) (C) A loss of tow; (2443) (F) Pre-departure checklists. (2460) (D) A fire; (2444) (G) Calculated speed and estimated times of arrival (2461) (E) Grounding; at proposed waypoints. (2462) (F) A loss of steering; or (2445) (H) Communication contacts at Vessel Traffic Ser- (2463) (G) Any other time a vessel may be operating in a vice (VTS) (if applicable), bridges, and facilities, and port-specific requirements for VHF radio. Hazardous Vessel Operating Condition as defined in (2446) (I) The master’s standing orders detailing closest §161.2 of this subchapter. points of approach, special conditions, and critical ma- (2464) (iii) Federal pilotage. Each single hull tank barge neuvers. transiting Buzzards Bay and carrying 5,000 or more (2447) (iv) Each owner or operator of a tank barge on an barrels of oil or other hazardous material must be un- intra-port transit of not more than four hours may pre- der the direction and control of a pilot, who is not a pare a voyage plan that contains: member of the crew, operating under a valid, appropri- (2448) (A) The information described in paragraphs ately endorsed, Federal first class pilot’s license issued (d)(3)(iii)(D) and (E) of this section. by the Coast Guard (\"federally licensed pilot\"). Pilots (2449) (B) Current weather conditions including visibil- are required to embark, direct, and control from the ity, wind, and sea state. This information may be en- primary tug during transits of Buzzards Bay. tered in either the voyage plan or towing vessel’s log (2465) (iv) In addition to the vessels denoted in §161.16 of book. this chapter, requirement set forth in subpart B of 33 (2450) (C) The channels of VHF radio to monitor. CFR part 161 also apply to any vessel transiting VMRS (2451) (D) Other considerations such as availability of pi- Buzzards Bay required to carry a bridge-to-bridge ra- lot, assist tug, berth, and line-handlers, depth of berth diotelephone by Part 26 of this chapter. at mean low water, danger areas, and security calls. (2466) (A) A WMRS Buzzards Bay user must: (2452) (4) Navigation restriction areas. Unless authorized (2467) (1) Not enter or get underway in the area without by the cognizant COTP, no tank barge may operate in— first notifying the VMRS Center; (2453) (i) The waters of Cape Cod Bay south of 42°05'N., (2468) (2) Not enter VMRS Buzzards Bay if a Hazardous and east of 70°25'W.; or Vessel Operating Condition or circumstance per §161.2 (2454) (ii) The waters of Fishers Island Sound east of of this subchapter exists; 72°02'W., and west of 71°55'W. (2469) (3) If towing astern, do so with as short a hawser as safety and good seamanship permits;
Navigation Regulations ■ Chapter 2 ■ 133 (2470) (4) Not meet, cross or overtake any other VMRS side of any high interest vessel transiting Narragansett user in the area without first notifying the VMRS cen- Bay, or the Providence and Taunton Rivers. ter; (2484) (3) All waters and land within a 1000-yard radius of any high interest vessel moored at a waterfront facility (2471) (5) Before meeting, crossing, or overtaking any in the Providence Captain of the Port zone. other VMRS user in the area, communicate on the des- (2485) (b) High Interest Vessels defined. For purposes of ignated Bessel bridge-to-bridge radiotelephone fre- this section, high interest vessels operating in the quency, intended navigation movements, and any Providence Captain of the Port zone include the follow- other information necessary in order to make safe pass- ing: barges or ships carrying liquefied petroleum gas ing arrangements. This requirement does not relieve a (LPG), liquefied natural gas (LNG), chlorine, anhy- vessel of any duty prescribed by the International Reg- drous ammonia, or any other cargo deemed to be high ulations for Prevention of Collisions at Sea, 1972 (33 interest by the Captain of the Port, Providence. U.S.C. 1602(2)) or the Inland Navigation Rules (33 (2486) (c) Regulations. (1) Entry into or movement within U.S.C. 2005). these zones, including below the surface of the water, during times in which high interest vessels are present (2472) (B) [Reserved] and the zones are enforced is prohibited unless autho- (2473) (e) In addition to the authority for this part 165, rized by the COTP Providence or authorized represen- tative. this section is also authorized under authority of sec- (2487) (2) The general regulations covering safety and se- tion 311, Pub. L. 105-383. curity zones in §§165.23 and 165.33, respectively, of this part apply. §165.115 Safety and Security Zones; Pilgrim (2488) (3) All persons and vessels shall comply with the in- Nuclear Power Plant, Plymouth, Massachusetts. structions of the COTP, and the designated on-scene (2474) (a) Location. All waters of Cape Cod Bay and land U.S. Coast Guard personnel. On-scene Coast Guard pa- adjacent to those waters enclosed by a line beginning at trol personnel include commissioned, warrant, and position petty officers of the Coast Guard on board Coast Guard, (2475) 41º56'59.3\"N., 70º34'58.5\"W.; thence to Coast Guard Auxiliary, local, state, and federal law (2476) 41º57'12.2\"N., 70º34'41.9\"W.; thence to enforcement vessels. (2477) 41º56'42.3\"N., 70º34'00.1\"W.; thence to (2478) 41º56'29.5\"N., 70º34'14.5\"W. §165.122 Regulated Navigation Area: Navigable (2479) (b) Regulations. (1) In accordance with the general waters within Narragansett Bay and the regulations in §§165.23 and 165.33 of this part, entry Providence River, Rhode Island. into or movement within these zones is prohibited un- (2489) (a) Description of the regulated navigation area less authorized by the Captain of the Port Boston. (RNA). The Regulated Navigation Area (RNA) encom- (2480) (2) All vessel operators shall comply with the in- passes all of the navigable waters of Narragansett Bay structions of the COTP or the designated on-scene U.S. north of the COLREGS demarcation line and west of Coast Guard patrol personnel. On-scene Coast Guard the Mt. Hope Bridge, and all of the navigable waters of patrol personnel include commissioned, warrant, and the Providence River from Conimicut Point to the petty officers of the Coast Guard on board Coast Guard, Providence hurricane barrier. Coast Guard Auxiliary, local, state, and federal law en- (2490) (b) Regulations. (1) All commercial vessels must: forcement vessels. (2491) (i) Maintain a minimum 10% of the vessel's draft as (2481) (3) No person may enter the waters or land area an under-keel clearance when not assisted by tugs, or within the boundaries of the safety and security zones when not moored at an assigned berth. Under-keel unless previously authorized by the Captain of the Port, clearance is the minimum clearance available between Boston or his authorized patrol representative. the deepest point on the vessel and the bottom of the waterway, in calm water. §165.121 Safety and Security Zones: High Interest (2492) (ii) Have at least one mile of visibility to transit the Vessels, Narragansett Bay, Rhode Island. Providence River between 41°43'01.4\"N.; 71°20'41.7\"W. (2482) (a) Location. (1) All waters of Rhode Island Sound (Conimicut Light (LLNR 18305)) and 41°47'38.8\"N.; within a ½ mile radius of any high interest vessel while 71°22'46.7\"W. (Channel Light 42 (LLNR 18580)). the vessel is anchored within ½ mile of the point (2493) (2) Vessels over 65 feet in length inbound for berths 41°25'N., 71°23'W. in the Narragansett Bay Precaution- in the Providence River are required to make Safety ary Area. Signal (SECURITE) calls on both VHF channels 13 and (2483) (2) All waters of Rhode Island Sound, Narragansett 16 at the following geographic locations: Bay, the Providence and Taunton Rivers 2 miles ahead and 1 mile astern, and extending 1000 yards on either
134 ■ Chapter 2 ■ Volume 2 (2494) (i) Pilot Boarding Area; (2517) (c) Enforcement. Violations of this RNA should be (2495) (ii) Abeam of Castle Hill; reported to the COTP Southeastern New England at (2496) (iii) Abeam of Sandy Point; 508-457-3211. Persons found in violation of these reg- (2497) (iv) Abeam of 41°43'01.4\"N.; 71°20'41.7\"W. (Conimicut ulations may be subject to civil or criminal penalties as provided for in 33 U.S.C. 1232. Point Light (LLNR 18305)); (2498) (v) Abeam of Sabin Point; and §165.130 Sandy Hook Bay, New Jersey-security (2499) (vi) Upon mooring. zone. (2500) (3) Vessels over 65 feet in length inbound for berths (2518) (a) Naval Ammunition Depot Piers. The navigable waters within the following boundaries are a security in Mount Hope Bay or in the Taunton River are re- zone: A line beginning on the shore at quired to make SECURITE calls on both VHF channels (2519) 40°25'55.6\"N., 074°04'31.4\"W.; thence to 13 and 16 at the following geographic locations: (2520) 40°26'54.0\"N., 074°03'53.0\"W.; thence to (2501) (i) Pilot Boarding Area; (2521) 40°26'58.0\"N., 074°04'03.0\"W.; thence to (2502) (ii) Abeam of Castle Hill; (2522) 40°27'56.0\"N., 074°03'24.0\"W.; thence to (2503) (iii) Abeam of Sandy Point; and (2523) 40°27'28.5\"N., 074°02'10.4\"W.; thence to (2504) (iv) At position 41°39'32.4\"N.; 71°14'02.6\"W. (Mount (2524) 40°26'29.5\"N., 074°02'51.2\"W.; thence to Hope Bay Junction Lighted Gong Buoy “MH” (LLNR (2525) 40°26'31.4\"N., 074°02'55.4\"W.; thence to 18790)). (2526) 40°25'27.1\"N., 074°03'39.7\"W.; thence northwest (2505) (4) Vessels over 65 feet in length outbound for sea along the shoreline to the beginning point. down the Providence River Channel shall make (2527) (b) Terminal Channel. The waters within the fol- SECURITE calls on VHF channels 13 and 16 at the fol- lowing boundaries are a security zone-A line beginning lowing geographic locations: at (2506) (i) One-half hour prior to departure from the berth; (2528) 40°27'41.2\"N., 74°02'46\"W.; then to (2507) (ii) At departure from the berth; (2529) 40°28'27.0\"N., 74°02'17.2\"W.; then to (2508) (iii) Abeam of Sabin Point; (2530) 40°28'21.1\"N., 74°02'00\"W.; then to (2509) (iv) Abeam of Gaspee Point; and (2531) 40°28'07.8\"N., 74°02'22\"W.; then to (2510) (v) Abeam of position 41°43'01.4\"N.; 71°20'41.7\"W. (2532) 40°27'39.8\"N., 74°02'41.4\"W.; then to the begin- (Conimicut Light (LLNR 18305)). ning. (2511) (5) Vessels over 65 feet in length outbound for sea (2533) (c) The following rules apply to the security zone down from Mount Hope Bay through Narragansett Bay established in paragraph (b) of this section (Terminal are required to make SECURITE calls on VHF channels Channel) instead of the rule in §165.33(a): 13 and 16 at the following geographic locations: (2534) (1) No vessel shall anchor, stop, remain or drift (2512) (i) One-half hour prior to departure from the berth; without power at any time in the security zone. (2513) (ii) At departure from the berth; and (2535) (2) No vessel shall enter, cross, or otherwise navi- (2514) (iii) At position 41°39'32.4\"N.; 71°14'02.6\"W. (Mount gate in the security zone when a public vessel, or any Hope Bay Junction Lighted Gong Buoy \"MH\" (LLNR other vessel, that cannot safely navigate outside the 18790)). Terminal Channel, is approaching or leaving the Naval (2515) (6) Vessels 65 feet and under in length, and all rec- Ammunition Depot Piers at Leonardo, New Jersey. reational vessels, when meeting deep draft commercial (2536) (3) Vessels may enter or cross the security zone, ex- vessel traffic in all locations within this RNA shall keep cept as provided in paragraph (c)(2) of this section. out of the way of the oncoming deep draft commercial (2537) (4) No person may swim in the security zone. vessel. Nothing in this regulation, however, relieves a vessel of any duty prescribed in the Inland Navigation §165.140 New London Harbor,Connecticut-Security Rules (set forth in 33 U.S.C. 2005 et seq.). zone. (2516) (7) The Captain of the Port (COTP) Southeastern (2538) (a) Security zones: New England may authorize a deviation from these (2539) (1) Security Zone A. The waters of the Thames regulations. Parties wishing to request a deviation River west of the Electric Boat Corporation Shipyard must do so in advance by contacting the COTP South- enclosed by a line beginning at a point on the shoreline eastern New England, at 508-457-3211, or via VHF at channel 13 (156.7 MHz), or VHF channel 16 (156.8 (2540) 41°20'16\"N., 72°04'47\"W.; then running west to MHz). Any person or vessel receiving permission from (2541) 41°20'16\"N., 72°04'57\"W.; then running north to the COTP to deviate from these regulations must com- (2542) 41°20'26\"N., 72°04'57\"W.; then northwest to ply with any specific instructions provided by the (2543) 41°20'28.7\"N., 72°05'01.7\"W.; then north-northwest to COTP.
Navigation Regulations ■ Chapter 2 ■ 135 (2544) 41°20'53.3\"N., 72°05'04.8\"W.; then north-northeast to (2566) (ii) When the wind speed at the bridge is greater (2545) 41°21'02.9\"N., 72°05'04.9\"W.; then east to a point than twenty knots, and on the shore at (2567) (iii) With the barge being towed on a hawser, stern (2546) 41°21'02.9\"N., 72°04'58.2\"W. first. (2547) (2) Security Zone B. The waters of the Thames (2568) (4) Regulated barges with a beam greater than fifty River, west of the Naval Submarine Base, New London, feet must be pushed ahead through the bridge. Conn., enclosed by a line beginning at a point on the shoreline at (2569) (5) If the tug operator does not have a clear view (2548) 41°23'15.8\"N., 72°05'17.9\"W.; then to over the barge when pushing ahead, the operator shall (2549) 41°23'15.8\"N., 72°05'22\"W.; then to post a lookout on the barge with a means of communi- (2550) 41°23'25.9\"N., 72°05'29.9\"W.; then to cation with the operator. (2551) 41°23'33.8\"N., 72°05'34.7\"W.; then to (2552) 41°23'37.0\"N., 72°05'38.0\"W.; then to (2570) (6) Regulated barges departing the Mill River may (2553) 41°23'41.0\"N., 72°05'40.3\"W.; then to transit the bridge only between sunrise and sunset. (2554) 41°23'47.2\"N., 72°05'42.3\"W.; then to Barges must be pushed ahead of the tug, bow first, with (2555) 41°23'53.8\"N., 72°05'43.7\"W.; then to a second tug standing by to assist at the bow. (2556) 41°23'59.8\"N., 72°05'43.0\"W.; then to (2557) 41°24'12.4\"N., 72°05'43.2\"W.; then to a point on (2571) (7) Nothing in this section is intended to relieve the shoreline at any person from complying with– (2558) 41°24'14.4\"N., 72°05'38\"W.; then along the shore- line to the point of beginning. (2572) (i) Applicable Navigation and Pilot Rules for Inland (2559) (3) All coordinates are North American Datum Waters; 1983. (2560) (b) Special regulation. Section 165.33 does not ap- (2573) (ii) Any other laws or regulations; ply to public vessels when operating in Security Zone A (2574) (iii) Any order or direction of the Captain of the or to vessels owned by, under hire to, or performing work for the Electric Boat Division when operating in Port. Security Zone A. (2575) (8) The Captain of the Port, New Haven, may issue §165.150 New Haven Harbor, Quinnipiac River, an authorization to deviate from any rule in this sec- Mill River. tion if the COTP finds that an alternate operation can (2561) (a) The following is a regulated navigation area: be done safely. The waters surrounding the Tomlinson Bridge located within a line extending from a point A at the southeast §165.152 Coast Guard Station Fire Island, Long corner of the Wyatt terminal dock at 41°17'50\"N., Island, New York–safety zone. 72°54'36\"W.; thence along a line 126°T to point B at the (2576) (a) Location. The following waters of Fire Island southwest corner of the Gulf facility at 41°17'42\"N., Inlet are a safety zone: Beginning at a point on shore at 72°54'21\"W.; thence north along the shoreline to point (2577) 40°37.523'N., 073°15.685'W.; then north to C at the northwest corner of the Texaco terminal dock (2578) 40°37.593'N., 073°15.719'W.; then east to 41°17'57\"N., 72°54'06\"W.; thence along a line 303°T to (2579) 40°37.612'N., 073°15.664'W.; then east to point D at the west bank of the mouth of the Mill River (2580) 40°37.630'N., 073°15.610'W.; then east to 41°18'05\"N., 72°54'23\"W.; thence south along the (2581) 40°37.641'N., 073°15.558'W.; then southeast to shoreline to point A. (2582) 40°37.630'N., 073°15.475'W.; then southeast to (2562) (b) Regulations. (1) No person may operate a vessel (2583) 40°37.625'N., 073°15.369'W.; then southeast to or tow a barge in this Regulated Navigation Area in vio- (2584) 40°37.627'N., 073°15.318'W.; then southeast to lation of these regulations. point on shore at 40°37.565'N., 073°15.346'W. All coor- (2563) (2) Applicability. The regulations apply to barges dinates are North American Datum 1983. with a freeboard greater than ten feet and to any vessel (2585) (b) Regulations. (1) The general regulations con- towing or pushing these barges on outbound transits of tained in 33 CFR §165.23 apply. the Tomlinson Bridge. (2586) (2) All persons and vessels must comply with the (2564) (3) Regulated barges may not transit the bridge– Coast Guard Captain of the Port or designated on-scene (2565) (i) During the period from one hour to five hours patrol personnel. On-scene Coast Guard patrol person- after high water slack, nel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, state, and federal law enforcement vessels. Upon being hailed by siren, radio, flashing light or other means from a U.S. Coast Guard vessel or other vessel with on-scene patrol personnel aboard, the oper- ator of the vessel shall proceed as directed.
136 ■ Chapter 2 ■ Volume 2 §165.153 Regulated Navigation Area: Long Island (2599) (2) Enhanced communications. Vessels of 300 Sound Marine Inspection and Captain of the Port gross tons or more and all vessels engaged in towing Zone. barges must issue securité calls on marine band or Very (2587) (a) Regulated Navigation Area location. All waters High Frequency (VHF) radio channel 16 upon ap- of the Long Island Sound Marine Inspection and Cap- proach to the following locations: tain of the Port (COTP) Zone, as delineated in 33 CFR 3.05-35, extending seaward 12 nautical miles from the (2600) (i) Inbound approach to Cerberus Shoal; and territorial sea baseline, are established as a regulated (2601) (ii) Outbound approach to Race Rock Light (USCG navigation area (RNA). (2588) (b) Applicability. This section applies to all vessels Light List No. 19815). operating within the RNA excluding public vessels. (2602) (3) All vessels operating within the RNA that are (2589) (c) Definitions. The following definitions apply to this section: bound for a port or place located in the United States or (2590) Commercial service means any type of trade or that must transit the internal waters of the United business involving the transportation of goods or indi- States, must be inspected to the satisfaction of the U.S. viduals, except service performed by a combatant ves- Coast Guard, before entering waters within three nau- sel. tical miles from the territorial sea baseline. Vessels (2591) Ferry means a vessel that: awaiting inspection will be required to anchor in the (2592) (1) Operates in other than ocean or coastwise ser- manner directed by the COTP. This section does not ap- vice; ply to vessels operating exclusively within the Long Is- (2593) (2) Has provisions only for deck passengers or vehi- land Sound Marine Inspection and COTP Zone, vessels cles, or both; on single voyage which depart from and return to the (2594) (3) Operates on a short run on a frequent schedule same port or place within the RNA, all towing vessels between two points over the most direct water route; engaged in coastwise trade, vessels in innocent passage and not bound for a port or place subject to the jurisdiction (2595) (4) Offers a public service of a type normally attrib- of the United States, and all vessels not engaged in uted to a bridge or tunnel. commercial service whose last port of call was in the (2596) Public vessels means vessels owned or bareboat United States. Vessels requiring inspection by the chartered and operated by the United States, or by a COTP may contact the COTP via marine band or Very State or political subdivision thereof, or by a foreign High Frequency (VHF) channel 16, telephone at (203) nation, except when such vessel is engaged in commer- 468-4401, facsimile at (203) 468-4418, or letter, ad- cial service. dressed to Captain of the Port, Long Island Sound, 120 (2597) Territorial sea baseline means the line defining the Woodward Ave., New Haven, CT 06512. shoreward extent of the territorial sea of the United (2603) (4) All vessels operating within the RNA that are States drawn according to the principles, as recognized bound for a port or place located in the United States or by the United States, of the Convention on the Territo- that must transit the internal waters of the United rial Sea and the Contiguous Zone, 15 U.S.T. 1606, and States, must obtain authorization from the Captain of the 1982 United Nations Convention on the Law of the the Port (COTP) before entering waters within three Sea (UNCLOS), 21 I.L.M. 1261. Normally, the territo- nautical miles from the territorial sea baseline. Vessels rial sea baseline is the mean low water line along the awaiting COTP authorization to enter waters within coast of the United States. three nautical miles from the territorial sea baseline (2598) (d) Regulations. (1) Speed restrictions in the vicin- will be required to anchor in the manner directed by ity of Naval Submarine Base New London and Lower the COTP. This section does not apply to vessels operat- Thames River. Unless authorized by the Captain of the ing exclusively within the Long Island Sound Marine Port (COTP), vessels of 300 gross tons or more may not Inspection and COTP Zone, vessels on a single voyage proceed at a speed in excess of eight knots in the which depart from and return to the same port or place Thames River from New London Harbor channel buoys within the RNA, all towing vessels engaged in coastwise 7 and 8 (Light List numbers 21875 and 21880 respec- trade, vessels in innocent passage not bound for a port tively) north through the upper limit of the Naval Sub- or place subject to the jurisdiction of the United States, marine Base New London Restricted Area, as that area and all vessels not engaged in commercial service is specified in 33 CFR 334.75(a). The U.S. Navy and whose last port of call was in the United States. Vessels other Federal, State and municipal agencies may assist may request authorization from the COTP by contact- the U.S. Coast Guard in the enforcement of this rule. ing the COTP via marine band or Very High Frequency (VHF) channel 16, telephone at 203-468-4401, facsim- ile at (203) 468-4418, or letter addressed to Captain of the Port, Long Island Sound, 120 Woodward Ave., New Haven, CT 06512.
Navigation Regulations ■ Chapter 2 ■ 137 (2604) (5) Vessels over 1,600 gross tons operating in the (2612) (2) Coast Guard Vessels Safety and Security Zones. RNA within three nautical miles from the territorial All waters within a 100-yard radius of any anchored sea baseline that are bound for a port or place located in Coast Guard vessel. For the purposes of this section, the United States or that must transit the internal wa- Coast Guard vessels includes any commissioned vessel ters of the United States must receive authorization or small boat in the service of the regular Coast Guard from the COTP prior to transiting or any intentional and does not include Coast Guard Auxiliary vessels. vessel movements, including, but not limited to, shift- ing berths, departing anchorage, or getting underway (2613) (b) Regulations. (1) The general regulations con- from a mooring. This section does not apply to vessels tained in §165.23 and §165.33 of this part apply. in innocent passage not bound for a port or place sub- ject to the jurisdiction of the United States. (2614) (2) In accordance with the general regulations in §165.23 and §165.33 of this part, entry into or move- (2605) (6) Ferry vessels. Vessels of 300 gross tons or more ment within this zone is prohibited unless authorized are prohibited from entering all waters within a by the Captain of the Port, Long Island Sound. 1200-yard radius of any ferry vessel transiting in any portion of the Long Island Sound Marine Inspection (2615) (3) All persons and vessels shall comply with the in- and COTP Zone without first obtaining the express structions of the Coast Guard Captain of the Port or prior authorization of the ferry vessel licensed opera- on-scene patrol personnel. These personnel comprise tor, licensed master, COTP, or the designated COTP commissioned, warrant, and petty officers of the Coast on-scene patrol. Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light, or other means, the oper- (2606) (7) Vessels engaged in commercial service. No ves- ator of a vessel shall proceed as directed. sel may enter within a 100-yard radius of any vessel en- gaged in commercial service while that vessel is §165.155 Northville Industries Offshore Platform, transiting, moored, or berthed in any portion of the Riverhead, Long Island, New York-safety zone. Long Island Sound Marine Inspection and COTP zone (2616) (a) The following area is established as a safety zone without the express prior authorization of the vessel's during the specified condition: licensed operator, master, COTP, or the designated (2617) (1) The waters within a 500 yard radius of the COTP on-scene representative. Northville Industries Offshore Platform, Long Island, New York, 1 mile North of the Riverhead shoreline at (2607) (8) Bridge foundations. Any vessel operating be- 41°00'N., 072°38'W., while a liquefied Petroleum Gas neath a bridge must make a direct, immediate and ex- (LPG) vessel is moored at the Offshore Platform. The peditious passage beneath the bridge while remaining safety zone remains in effect until the LPG vessel de- within the navigable channel. No vessel may stop, parts the Offshore Platform. moor, anchor or loiter beneath a bridge at any time. No (2618) (b) The general regulations governing safety zone vessel may approach within a 25-yard radius of any contained in 33 CFR 165.23 apply. bridge foundation, support, stanchion, pier or abut- (2619) (c) The Captain of the Port will notify the maritime ment except as required for the direct, immediate and community of periods during which this safety zone expeditious transit beneath a bridge. will be in effect by providing notice of scheduled moor- ings at the Northville Industries Offshore Platform of (2608) (9) This section does not relieve any vessel from LPG vessels via Marine Safety Information Radio compliance with applicable navigation rules. Broadcast. §165.154 Safety and Security Zones: Long Island §165.156 Regulated Navigation Area, East Sound Marine Inspection Zone and Captain of the Rockaway Inlet to Atlantic Beach Bridge, Nassau Port Zone. County, Long Island, New York. (2609) (a) Safety and security zones. The following areas (2620) (a) Location. The following area is a Regulated Nav- are safety and security zones: igation Area; All waters of East Rockaway Inlet in an (2610) (1) Dominion Millstone Nuclear Power Plant Safety area bounded by lines drawn from position and Security Zones. (i) All waters north and north east 40°34'56\"N., 073°45'19\"W., (approximate position of of a line running from Bay Point, at approximate posi- Silver Point breakwater buoy, LLNR 31500) running tion 41°18.57'N., 072°10.41'W., to Millstone Point at north to a point of land on the northwest side of the in- approximate position 41°18.25'N., 072°09.96'W. let at position 40°35'28\"N., 073°46'12\"W., thence east- (2611) (ii) All waters west of a line starting at 41°18.700'N., erly along the shore to the east side of the Atlantic 072°09.650'W. running south to the eastern most point Beach Bridge, State Route 878, over East Rockaway In- of Fox Island at approximate position 41°18.400'N., let, thence across the bridge to the south side of East 072°09.660'W. All coordinates are North American Da- tum 1983.
138 ■ Chapter 2 ■ Volume 2 Rockaway Inlet, thence westerly along the shore and New York, at approximate position 40°46'36\"N., across the water to the beginning. 073°53'31\"W. (NAD 1983). (2621) (b) Regulations. (1) The general regulations con- (2633) (4) Location. All waters of the East River bound by tained in 33 CFR 165.10, 165.11 and 165.13 apply. the following points: 40°44'37\"N., 073°58'16.5\"W. (the (2622) (2) In accordance with the general regulations, the base of East 35th Street, Manhattan), then east to following regulations apply to vessels carrying petro- 40°44'34.5\"N., 073°58'10.5\"W. (about 175 yards offshore leum products in excess of 250 barrels: of Manhattan), then northeasterly to 40°45'29\"N., (2623) (i) The vessel must have plans in place to maintain 073°57'26.5\"W. (about 125 yards offshore of Manhattan a minimum of two feet under keel clearance at all at the Queensboro Bridge), then northwesterly to times. 40°45'31\"N., 073°57'30.5\"W. (Manhattan shoreline at the (2624) (ii) A vessel requiring a nighttime transit through Queensboro Bridge), then southerly to the starting East Rockaway Inlet may only do so only after receiving point at 40°44'37\"N., 073°58'16.5\"W. All nautical posi- approval from the Captain of the Port Long Island tions are based on North American Datum of 1983. Sound. (2634) (5) Location. All waters of the East River north of a (2625) (iii) Vessels are prohibited from transiting East line drawn from approximate position 40°44'37\"N., Rockaway Inlet if a small craft advisory or greater has 073°58'16.5\"W. (the base of East 35th Street, Manhattan), been issued for the area unless specific approval is re- to approximate position 40°44'23\"N., 073°57'44.5\"W. ceived from the Captain of the Port Long Island Sound. (Hunters Point, Long Island City), and south of the (2626) (iv) In an emergency, any vessel may deviate from Queensboro Bridge. All nautical positions are based on the regulations in this section to the extent necessary North American Datum of 1983. to avoid endangering the safety of persons, the environ- (2635) (6) The security zone will be activated 30 minutes ment, and or property. If deviation from the regulations before the dignitaries’ arrival into the zone and remain is necessary, the master or their designee shall inform in effect until 15 minutes after the dignitaries’ depar- the Coast Guard as soon as it is practicable to do so. ture from the zone. (2627) (c) Waivers. (1) The Captain of the Port Long Island (2636) (7) The activation of a particular zone will be an- Sound may, upon request, waive any regulation in this nounced by facsimile and marine information broad- section. casts. (2628) (2) An application for a waiver must state the need (2637) (b) Regulations. (1) The general regulations con- for the waiver and describe the proposed vessel opera- tained in 33 CFR 165.33 apply. tions through the Regulated Navigation Area. (2638) (2) All persons and vessels shall comply with the in- structions of the Coast Guard Captain of the Port or the §165.164 Security Zones;Dignitary Arrival/Departure designated on-scene-patrol personnel. These person- New York,NY. nel comprise commissioned, warrant, and petty offi- (2629) (a) The following areas are established as security cers of the Coast Guard. Upon being hailed by a U.S. zones: Coast Guard vessel using siren, radio, flashing light, or (2630) (1) Location. Wall Street heliport: All waters of the other means, the operator of a vessel shall proceed as East River within the following boundaries: East of a directed. line drawn between approximate position 40°42'01\"N., 074°00'39\"W. (east of The Battery) to 40°41'36\"N., §165.165 [Removed]. 074°00'52\"W. (NAD 1983) (point north of Governors Is- land) and north of a line drawn from the point north of §165.169 Safety and Security Zones: New York Governors Island to the southwest corner of Pier 7 Marine Inspection Zone and Captain of the Port North, Brooklyn; and south of a line drawn between the Zone. northeast corner of Pier 13, Manhattan, and the north- (2639) (a) Safety and security zones. The following waters west corner of Pier 2 North, Brooklyn. within the New York Marine Inspection Zone and Cap- (2631) (2) [Reserved] tain of the Port Zone are safety and security zones: (2632) (3) Location. Marine Air Terminal, La Guardia Air- (2640) (1) Indian Point Nuclear Power Station (IPNPS). port: All waters of Bowery Bay, Queens, New York, All waters of the Hudson River within 300-yard radius south of a line drawn from the western end of La of the IPNPS pier in approximate position 41°16'12.4\"N., Guardia Airport at approximate position 40°46'47\"N., 073°57'16.2\"W. (NAD 83). 073°53'05\"W. (NAD 1983) to the Rikers Island Bridge at (2641) (2) U.S. Coast Guard Cutters and Shore Facilities. approximate position 40°46'51\"N., 073°53'21\"W. (NAD All waters within 100 yards of: Each moored, or an- 1983) and east of a line drawn between the point at the chored, Coast Guard Cutter; Coast Guard Station New Rikers Island Bridge to a point on the shore in Queens, York; Staten Island, NY; Coast Guard Station Sandy
Navigation Regulations ■ Chapter 2 ■ 139 Hook, NJ; Coast Guard Station Kings Point, NY; and expeditious transit through the zone so long as they re- Coast Guard Aids to Navigation Team New York, main within the navigable channel, maintain the maxi- Bayonne, NJ. mum safe distance from the waterfront facility and do (2642) (3) Part 105 Facilities. (i) Definition. For the pur- not stop or loiter within the zone. poses of this section, Part 105 Facility means any facil- (2649) (6) New York City Passenger Ship Terminal, Hud- ity subject to the regulations contained in 33 CFR part son River, NY. (i) Location. All navigable waters of the 105, including those designated as \"Public Access Fa- Hudson River bound by the following points: From the cilities\" as defined in 33 CFR 101.105. For public identi- point 40°46'09\"N., 073°59'48.7\"W. on the seawall mid- fication purposes, all of these facilities are required to way between Pier 92 and 94, thence northwest to ap- have signs posted along the shoreline, facing the water, proximate position 40°46'14\"N., 074°00'00.9\"W., indicating that there is a 25 yard waterfront security approximately 125 yards northwest of Pier 92, thence zone surrounding the facilities. southwest to approximate position 40°45'56.7\"N., (2643) (ii) Location. All waters within 25 yards of each 074°00'15.3\"W., approximately 150 yards west of Pier Part 105 Facility. When a barge, ferry, or other com- 86, thence east to the seawall between Pier 84 and Pier mercial vessel is conducting transfer operations at a 86 at the approximate position 40°45'49.6\"N., Part 105 Facility, the 25-yard zone is measured from 073°59'58.1\"W. (NAD 1983), thence northeast along the outboard side of the commercial vessel. the shoreline to the point of origin. (2644) (iii) Regulations. (A) Vessels not actively engaged (2650) (ii) Regulations. Vessels not actively engaged in in passenger, cargo, provision, facility maintenance, or passenger, cargo, provision, facility maintenance or in- inspection, bunker transfer operations, or docking or spection, bunker transfer operations, or docking or undocking operations, authorized in advance by the undocking operations, authorized in advance by the Facility Security Plan, Facility Security Officer or des- Facility Security Plan, Facility Security Officer or des- ignated representative, must not enter within any part ignated representative, must not enter within any part of a zone described in paragraph (a)(3) of this section of a zone described in paragraph (a)(6) of this section without the express permission of the Cost Guard Cap- without express permission of the Coast Guard Captain tain of the Port, a designated representative or of the Port, a designated representative or designated designated on-scene patrol personnel. on-scene patrol personnel. Persons seeking Captain of (2645) (B) Persons seeking Captain of the Port permission the Port permission to enter within the zone described to enter within a particular zone for official business in paragraph (a)(6) of this section for official business other than authorized passenger, cargo, provision, fa- other than authorized passenger, cargo, provision, fa- cility maintenance or inspection, bunker transfer oper- cility maintenance or inspection, bunker transfer oper- ations or authorized docking or undocking operations ations or authorized docking or undocking operations may request such authorization by contacting: Com- may request such authorization by contacting: Com- mander Coast Guard Sector New York, via the Sector mander Coast Guard Sector New York, via the Sector Command Center (SCC), at: 212 Coast Guard Drive, Command Center (SCC), at: 212 Coast Guard Drive, Staten Island, NY 10305 or via fax to (718) 354-4125 or Staten Island, NY 10305, or via fax to (718) 354-4125 or by contacting the Sector Command Center Duty by contacting the Sector Command Center Duty Officer by phone at: (718) 354-4353. Officer by phone at (718) 354-4353. (2646) (C) Vessels may transit through any portion of the (2651) (7) La Guardia Airport, Bowery and Flushing Bays, zone that extends into the navigable channel for the Queens, NY.– sole purpose of direct and expeditious transit so long as (2652) (i) Location: 200-Yard Zone. All waters of Bowery they as they remain within the navigable channel, and Flushing Bays within approximately 200 yards of maintain the maximum safe distance from the Part 105 La Guardia Airport bound by the following points: On- Facility, and do not stop or loiter within the zone. shore at Steinway, Queens in approximate position (2647) (4) Liberty and Ellis Islands. All waters within 150 (2653) 40°46'32.1\"N., 073°53'22.4\"W., thence to yards of Liberty Island, Ellis Island, and the bridge be- (2654) 40°46'52.8\"N., 073°53'09.3\"W., thence to tween Liberty State Park and Ellis Island. (2655) 40°46'54.8\"N., 073°52'54.2\"W., thence to (2648) (5) Bridge Piers and Abutments, Overhead Power (2656) 40°46'59.3\"N., 073°52'51.3\"W., thence to Cable Towers, Piers and Tunnel Ventilators. All waters (2657) 40°47'11.8\"N., 073°53'17.3\"W., thence to within 25 yards of any bridge pier or abutment, over- (2658) 40°47'13.0\"N., 073°53'16.1\"W. on Rikers Island, head power cable tower, pier or tunnel ventilators thence easterly along the Rikers Island shoreline to ap- south of the Troy, NY Locks. Vessels may transit proximate position through any portion of the zone that extends into the (2659) 40°47'12.9\"N., 073°52'17.9\"W., thence to navigable channel for the sole purpose of direct and (2660) 40°47'16.7\"N., 073°52'09.2\"W., thence to
140 ■ Chapter 2 ■ Volume 2 (2661) 40°47'36.1\"N., 073°51'52.5\"W., thence to broadcast, or local notice to mariners, or notice posted (2662) 40°47'35.1\"N., 073°51'50.5\"W., thence to at http://www.homeport.uscg.mil/newyork. (2663) 40°47'15.9\"N., 073°52'06.4\"W., thence to (2699) (8) John F. Kennedy Airport, Jamaica Bay, Queens, (2664) 40°47'14.5\"N., 073°52'03.1\"W., thence to NY.– (2665) 40°47'10.6\"N., 073°52'06.7\"W., thence to (2700) (i) Location: Bergen Basin. All waters of Bergen Ba- (2666) 40°47'01.9\"N., 073°52'02.4\"W., thence to sin north of 40°39'26.4\"N. (2667) 40°46'50.4\"N., 073°52'08.1\"W., thence to (2701) (ii) Location: Thurston Basin. All waters of (2668) 40°46'26.8\"N., 073°51'18.5\"W., thence to Thurston Basin north of 40°38'21.2\"N. (2669) 40°45'57.2\"N., 073°51'01.8\"W., thence to (2702) (iii) Location: 200-Yard Zone. All waters of Jamaica (2670) 40°45'51.2\"N., 073°50'59.6\"W., thence to Bay within approximately 200 yards of John F. Kennedy (2671) 40°45'49.5\"N., 073°51'07.2\"W., thence to Airport bound by the following points: Onshore east of (2672) 40°45'58.8\"N., 073°51'13.2\"W., thence to Bergen Basin, Queens in approximate position (2673) 40°46'02.3\"N., 073°51'20.1\"W., thence to (2703) 40°38'49.0\"N., 073°49'09.1\"W., thence to (2674) 40°45'48.4\"N., 073°51'37.0\"W., (NAD 1983) thence (2704) 40°38'42.5\"N., 073°49'13.2\"W., thence to (2705) 40°38'00.6\"N., 073°47'35.1\"W., thence to along the shoreline to the point of origin. (2706) 40°37'52.3\"N., 073°47'55.0\"W., thence to (2675) (ii) Location: 100-Yard Zone. All waters of Bowery (2707) 40°37'50.3\"N., 073°47'53.5\"W., thence to (2708) 40°37'59.4\"N., 073°47'32.6\"W., thence to and Flushing Bays within approximately 100 yards of (2709) 40°37'46.1\"N., 073°47'07.2\"W., thence to La Guardia Airport bound by the following points: On- (2710) 40°37'19.5\"N., 073°47'30.4\"W., thence to shore at Steinway, Queens in approximate position (2711) 40°37'05.5\"N., 073°47'03.0\"W., thence to (2676) 40°46'32.1\"N., 073°53'22.4\"W., thence to (2712) 40°37'34.7\"N., 073°46'40.6\"W., thence to (2677) 40°46'50.6\"N., 073°53'07.3\"W., thence to (2713) 40°37'20.5\"N., 073°46'23.5\"W., thence to (2678) 40°46'53.0\"N., 073°52'50.9\"W., thence to (2714) 40°37'05.7\"N., 073°46'34.9\"W., thence to (2679) 40°46'57.6\"N., 073°52'47.9\"W., thence to (2715) 40°36'54.8\"N., 073°46'26.7\"W., thence to (2680) 40°47'11.8\"N., 073°53'17.3\"W., thence to (2716) 40°37'14.1\"N., 073°46'10.8\"W., thence to (2681) 40°47'13.0\"N., 073°53'16.1\"W., on Rikers Island, (2717) 40°37'36.9\"N., 073°45'52.8\"W., thence to thence easterly along the Rikers Island shoreline to ap- (2718) 40°38'00.8\"N., 073°44'54.9\"W., thence to proximate position (2719) 40°38'05.1\"N., 073°45'00.3\"W., (NAD 1983) thence (2682) 40°47'12.9\"N., 073°52'17.9\"W., thence to along the shoreline to the point of origin. (2683) 40°47'16.7\"N., 073°52'09.2\"W., thence to (2720) (iv) Location: 100-Yard Zone. All waters of Jamaica (2684) 40°47'36.1\"N., 073°51'52.5\"W., thence to Bay within approximately 100 yards of John F. Kennedy (2685) 40°47'35.1\"N., 073°51'50.5\"W., thence to Airport bound by the following points: Onshore east of (2686) 40°47'15.9\"N., 073°52'06.4\"W., thence to Bergen Basin, Queens in approximate position (2687) 40°47'14.5\"N., 073°52'03.1\"W., thence to (2721) 40°38'49.0\"N., 073°49'09.1\"W., thence to (2688) 40°47'07.9\"N., 073°52'09.2\"W., thence to (2722) 40°38'45.1\"N., 073°49'11.6\"W., thence to (2689) 40°47'01.4\"N., 073°52'06.1\"W., thence to (2723) 40°38'02.0\"N., 073°47'31.8\"W., thence to (2690) 40°46'50.0\"N., 073°52'14.6\"W., thence to (2724) 40°37'52.3\"N., 073°47'55.0\"W., thence to (2691) 40°46'22.2\"N., 073°51'16.0\"W., thence to (2725) 40°37'50.3\"N., 073°47'53.5\"W., thence to (2692) 40°45'57.2\"N., 073°51'01.8\"W., thence to (2726) 40°38'00.8\"N., 073°47'29.4\"W., thence to (2693) 40°45'52.4\"N., 073°51'00.2\"W., thence to (2727) 40°37'47.4\"N., 073°47'02.4\"W., thence to (2694) 40°45'50.6\"N., 073°51'07.9\"W., thence to (2728) 40°37'19.9\"N., 073°47'25.0\"W., thence to (2695) 40°45'58.8\"N., 073°51'13.2\"W., thence to (2729) 40°37'10.0\"N., 073°47'03.7\"W., thence to (2696) 40°46'04.0\"N., 073°51'23.3\"W., thence to (2730) 40°37'37.7\"N., 073°46'41.2\"W., thence to (2697) 40°45'51.2\"N., 073°51'38.8\"W., (NAD 1983) thence (2731) 40°37'22.6\"N., 073°46'21.9\"W., thence to along the shoreline to the point of origin. (2732) 40°37'05.7\"N., 073°46'34.9\"W., thence to (2698) (iii) Enforcement period. The zones described in (2733) 40°36'54.8\"N., 073°46'26.7\"W., thence to paragraph (a)(7) of this section will be effective at all (2734) 40°37'14.1\"N., 073°46'10.8\"W., thence to times. When port security conditions permit, the Cap- (2735) 40°37'40.0\"N., 073°45'55.6\"W., thence to tain of the Port will allow vessels to operate within that (2736) 40°38'02.8\"N., 073°44'57.5\"W., thence to portion of the waters described in paragraph (a)(7)(i) (2737) 40°38'05.1\"N., 073°45'00.3\"W., (NAD 1983) thence that lies outside of the waters described in paragraph along the shoreline to the point of origin. (a)(7)(ii). Authorization to enter the waters that lie be- (2738) (v) Enforcement period. The zones described in tween the outer boundaries of the zones described in paragraphs (a)(8) of this section will be effective at all paragraphs (a)(7)(i) and (a)(7)(ii) will be communi- cated by the Captain of the Port to the public by marine
Navigation Regulations ■ Chapter 2 ■ 141 times. When port security conditions permit, the Cap- Captain of the Port to the public by marine broadcast, tain of the Port will allow vessels to operate within that local notice to mariners, or notice posted at portion of the waters described in paragraph (a)(8)(iii) http://www.homeport.uscg.mil/newyork. of this section that lies outside of the waters described (2763) (10) Port Newark/Port Elizabeth, Newark Bay, NJ. in paragraph (a)(8)(iv) of this section. Authorization to All waters of Newark Bay bound by the following points: enter the waters that lie between the outer boundaries (2764) 40°41'49.9\"N., 074°07'32.2\"W., thence to of the zones described in paragraphs (a)(8)(iii) and (2765) 40°41'46.5\"N., 074°07'20.4\"W., thence to (a)(8)(iv) of this section will be communicated by the (2766) 40°41'10.7\"N., 074°07'45.9\"W., thence to Captain of the Port to the public by marine broadcast, (2767) 40°40'54.3\"N., 074°07'55.7\"W., thence to local notice to mariners, or notice posted at (2768) 40°40'36.2\"N., 074°08'03.8\"W., thence to http://www.homeport.uscg.mil/newyork. (2769) 40°40'29.1\"N., 074°08'06.3\"W., thence to (2739) (9) NYPD Ammunition Depot, Rodman Neck, East- (2770) 40°40'21.9\"N., 074°08'10.0\"W., thence to chester Bay, NY.– (2771) 40°39'27.9\"N., 074°08'43.6\"W., thence to (2740) (i) Location: 150-Yard Zone. All waters of East- (2772) 40°39'21.5\"N., 074°08'50.1\"W., thence to chester Bay within approximately 150 yards of Rodman (2773) 40°39'21.5\"N., 074°09'54.3\"W., (NAD 1983) thence Neck bound by the following points: Onshore in ap- northerly along the shoreline to the point of origin. proximate position (2774) (11) Global Marine Terminal, Upper New York Bay. (2741) 40°51'30.4\"N., 073°48'14.9\"W., thence to All waters of Upper New York Bay between the Global (2742) 40°51'29.9\"N., 073°48'20.7\"W., thence to Marine and Military Ocean Terminals, west of the New (2743) 40°51'16.9\"N., 073°48'22.5\"W., thence to Jersey Pierhead Channel. (2744) 40°51'07.5\"N., 073°48'18.7\"W., thence to (2775) (12) Approaches to New York, Atlantic Ocean. (i) (2745) 40°50'54.2\"N., 073°48'11.1\"W., thence to Location: All waters of the Atlantic Ocean between (2746) 40°50'48.5\"N., 073°48'04.6\"W., thence to Ambrose and Hudson Canyon Traffic Lane and the (2747) 40°50'49.2\"N., 073°47'56.5\"W., thence to Barnegat to Ambrose Traffic lane bound by the follow- (2748) 40°51'03.6\"N., 073°47'47.3\"W., thence to ing points: (2749) 40°51'15.7\"N., 073°47'46.8\"W., thence to (2776) 40°21'29.9\"N., 073°44'41.0\"W., thence to (2750) 40°51'23.5\"N., 073°47'41.9\"W., (NAD 1983) thence (2777) 40°21'04.5\"N., 073°45'31.4\"W., thence to southwesterly along the shoreline to the point of ori- (2778) 40°15'28.3\"N., 073°44'13.8\"W., thence to gin. (2779) 40°15'35.4\"N., 073°43'29.8\"W., thence to (2751) (ii) Location: 100-Yard Zone. All waters of East- (2780) 40°19'21.2\"N., 073°42'53.0\"W., (NAD 1983) thence chester Bay within approximately 100 yards of Rodman to point of origin. Neck bound by the following points: Onshore in ap- (2781) (ii) Enforcement Period. Enforcement periods for proximate position the zone in paragraph (a)(12) of this section will be an- (2752) 40°51'30.4\"N., 073°48'14.9\"W., thence to nounced through marine information broadcast or (2753) 40°51'30.1\"N., 073°48'19.0\"W., thence to other appropriate method of communication and the (2754) 40°51'16.8\"N., 073°48'20.5\"W., thence to zone is activated whenever a vessel is anchored in the (2755) 40°51'07.9\"N., 073°48'16.8\"W., thence to area described in paragraph (a)(12)(i) or a Coast Guard (2756) 40°50'54.9\"N., 073°48'09.0\"W., thence to patrol vessel is on-scene. (2757) 40°50'49.7\"N., 073°48'03.6\"W., thence to (2782) (iii) Regulations. (A) The area described in para- (2758) 40°50'50.1\"N., 073°47'57.9\"W., thence to graph (a)(12) of this section is not a Federal Anchorage (2759) 40°51'04.6\"N., 073°47'48.9\"W., thence to Ground. Only vessels directed by the Captain of the (2760) 40°51'15.9\"N., 073°47'48.4\"W., thence to Port or his or her designated representative to enter (2761) 40°51'23.5\"N., 073°47'41.9\"W., (NAD 1983) thence this zone are authorized to anchor here. southwesterly along the shoreline to the point of origin. (2783) (B) Vessels do not need permission from the Cap- (2762) (iii) Enforcement period. The zones described in tain of the Port to transit the area described in para- paragraph (a)(9) of this section will be effective at all graph (a)(12) of this section during periods when that times. When port security conditions permit, the Cap- security zone is not being enforced. tain of the Port will allow vessels to operate within that (2784) (13) Liquefied Hazardous Gas (LHG) Vessels. (i) portion of the waters described in paragraph (a)(9)(i) of Definitions. For the purposes of this section, LHG Ves- this section that lies outside of the waters described in sel means any vessel constructed to carry, in bulk, any paragraph (a)(9)(ii) of this section. Authorization to of the flammable or toxic products listed in 33 CFR enter the waters that lie between the outer boundaries 127.005, Table 127.005. of the zones described in paragraphs (a)(9)(i) and (2785) (ii) Location. All waters within a 200-yard radius of (a)(9)(ii) of this section will be communicated by the any LHG Vessel that is underway and all waters within a
142 ■ Chapter 2 ■ Volume 2 100-yard radius of any LHG vessel that is moored or at activated at all times while the Designated Vessel is anchor. within the navigable waters of the United States in the (2786) (iii) Enforcement period. The zone described in New York Captain of the Port Zone. The Designated paragraph (a)(13) of this section will be activated upon Vessels, including ships and barges carrying petroleum entry of a LHG Vessel into the navigable waters of the products, chemicals, and other hazardous cargo will be United States (see 33 CFR 2.36(a) to include the 12 NM recognized by the requirement to fly the Bravo flag (red territorial sea) in the New York Captain of the Port international signal flag under Pub 102, International Zone (33 CFR 3.05-30). The LHG Vessel will be identifi- Code of Signals) from the outermost halyard (above the able by the requirement to fly the Bravo flag (red inter- pilot house) where it can be most easily seen. Vessels national signal flag under Pub. 102, International Code that are constrained by draft from leaving the channel of Signals) from the outermost halyard (above the pilot may transit through the zone for the sole purpose of di- house) where it can most easily be seen. In addition to rect and expeditious transit so long as they remain visual identification of the LHG Vessel, the Captain of within the navigable channel, maintain the maximum the Port will notify the maritime community of periods possible safe distance from the Designated Vessel, and during which this zone will be enforced by methods in do not stop or loiter within the zone. Designated Ves- accordance with 33 CFR 165.7. sels carrying government officials, dignitaries, or other (2787) (14) Cruise ships. (i) Definition. For the purposes passengers requiring protection, and passenger vessels of this section, cruise ship means a passenger vessel as authorized to carry more than 400 passengers and are defined in 46 U.S.C. 2101 (22) that is authorized to less than 200 feet in length will be recognizable by their carry more than 400 passengers and is 200 or more feet being escorted by a federal, state or local law enforce- in length. A cruise ship under this section will also in- ment or security vessel. The law enforcement or secu- clude ferries as defined in 46 CFR 2.10-25 that are au- rity vessel will be identifiable by flashing light, siren, thorized to carry more than 400 passengers and are 200 flags, markings and/or through other means that feet or more in length. clearly identify the vessel as engaged in law (2788) (ii) Location. All waters within a 100-yard radius of enforcement or security operations. any cruise ship whether underway, anchored, or at (2793) (16) 134th Street Pipeline Metering and Regulat- berth. ing Station. (i) Location. All waters of the Hudson (2789) (iii) Enforcement period. The zone described in River within 25 yards of the 134th Street Pipeline Me- paragraph (a)(14) of this section will be activated upon tering and Regulating Station. entry of any cruise ship into the navigable waters of the (2794) (ii) Regulations. (A) Vessels not actively engaged in United States (See 33 CFR 2.36(a) to include the 12 NM facility maintenance or inspection operations autho- territorial sea) in the New York Captain of the Port rized in advance by the Pipeline Security Officer or des- Zone (33 CFR 3.05-30). This zone will remain activated ignated representative, or authorized docking or at all times while the cruise ship is within the navigable undocking operations, must not enter within any part waters of the United States in the New York Captain of of a zone described in paragraph (a)(16) of this section the Port Zone. without the express permission of the Coast Guard (2790) (15) Designated Vessels. (i) Definition. For the pur- Captain of the Port, a designated representative or poses of this section, Designated Vessels are vessels car- designated on-scene patrol personnel. rying government officials, dignitaries, or other (2795) (B) Persons seeking Captain of the Port permission passengers requiring protection by the U.S. Secret Ser- to enter within a particular zone for official business vice, or other Federal, State or local law enforcement other than authorized passenger, cargo, provision, fa- agency; barges or ships carrying petroleum products, cility maintenance or inspection, bunker transfer oper- chemicals, or other hazardous cargo; and passenger ations or authorized docking or undocking operations vessels (as defined in 46 U.S.C. 2101(22), that are au- may request such authorization by contacting: Com- thorized to carry more than 400 passengers and are less mander Coast Guard Sector New York, via the Sector than 200 feet in length. Command Center (SCC), at: 212 Coast Guard Drive, (2791) (ii) Location. All waters within a 100-yard radius of Staten Island, NY 10305, or via fax to (718) 354-4125 or any Designated Vessel. by contacting the Sector Command Center Duty (2792) (iii) Enforcement period. The zone described in Officer by phone at: (718) 354-4353. paragraph (a)(15) of this section will be activated upon (2796) (17) Waterfront Heliports. (i) Location. All waters entry of any Designated Vessel into the navigable wa- on the East River within 25 yards of the East 34th ters of the United States (see 33 CFR 2.36(a) to include Street and Wall Street Heliports, and all waters of the the 12 NM territorial sea) in the New York Captain of Hudson River within 25 yards of the West 30th Street the Port Zone. (33 CFR 3.05-30). This zone will remain Heliport and the Jersey City/Newport Helistop, areas of
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