Navigation Regulations I Chapter 2 I 143 (2597) 40°37'50.3\"N., 073°47'53.5\"W., thence to (2629) 40°50'49.7\"N., 073°48'03.6\"W., thence to (2598) 40°38'00.8\"N., 073°47'29.4\"W., thence to (2630) 40°50'50.1\"N., 073°47'57.9\"W., thence to (2599) 40°37'47.4\"N., 073°47'02.4\"W., thence to (2631) 40°51'04.6\"N., 073°47'48.9\"W., thence to (2600) 40°37'19.9\"N., 073°47'25.0\"W., thence to (2632) 40°51'15.9\"N., 073°47'48.4\"W., thence to (2601) 40°37'10.0\"N., 073°47'03.7\"W., thence to (2633) 40°51'23.5\"N., 073°47'41.9\"W., (NAD 1983) thence (2602) 40°37'37.7\"N., 073°46'41.2\"W., thence to (2603) 40°37'22.6\"N., 073°46'21.9\"W., thence to southwesterly along the shoreline to the point of ori- (2604) 40°37'05.7\"N., 073°46'34.9\"W., thence to gin. (2605) 40°36'54.8\"N., 073°46'26.7\"W., thence to (2634) (iii) Enforcement period. The zones described in (2606) 40°37'14.1\"N., 073°46'10.8\"W., thence to paragraph (a)(9) of this section will be effective at all (2607) 40°37'40.0\"N., 073°45'55.6\"W., thence to times. When port security conditions permit, the Cap- (2608) 40°38'02.8\"N., 073°44'57.5\"W., thence to tain of the Port will allow vessels to operate within that (2609) 40°38'05.1\"N., 073°45'00.3\"W., (NAD 1983) thence portion of the waters described in paragraph (a)(9)(i) of this section that lies outside of the waters described in along the shoreline to the point of origin. paragraph (a)(9)(ii) of this section. Authorization to (2610) (v) Enforcement period. The zones described in enter the waters that lie between the outer boundaries of the zones described in paragraphs (a)(9)(i) and paragraphs (a)(8) of this section will be effective at all (a)(9)(ii) of this section will be communicated by the 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.harborops.com. of this section that lies outside of the waters described (2635) (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 (2636) 40°41'49.9\"N., 074°07'32.2\"W., thence to of the zones described in paragraphs (a)(8)(iii) and (2637) 40°41'46.5\"N., 074°07'20.4\"W., thence to (a)(8)(iv) of this section will be communicated by the (2638) 40°41'10.7\"N., 074°07'45.9\"W., thence to Captain of the Port to the public by marine broadcast, (2639) 40°40'54.3\"N., 074°07'55.7\"W., thence to local notice to mariners, or notice posted at (2640) 40°40'36.2\"N., 074°08'03.8\"W., thence to http://www.harborops.com (2641) 40°40'29.1\"N., 074°08'06.3\"W., thence to (2611) (9) NYPD Ammunition Depot, Rodman Neck, East- (2642) 40°40'21.9\"N., 074°08'10.0\"W., thence to chester Bay, NY.– (2643) 40°39'27.9\"N., 074°08'43.6\"W., thence to (2612) (i) Location: 150-Yard Zone. All waters of East- (2644) 40°39'21.5\"N., 074°08'50.1\"W., thence to chester Bay within approximately 150 yards of Rodman (2645) 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 (2646) (11) Global Marine Terminal, Upper New York Bay. (2613) 40°51'30.4\"N., 073°48'14.9\"W., thence to All waters of Upper New York Bay between the Global (2614) 40°51'29.9\"N., 073°48'20.7\"W., thence to Marine and Military Ocean Terminals, west of the New (2615) 40°51'16.9\"N., 073°48'22.5\"W., thence to Jersey Pierhead Channel. (2616) 40°51'07.5\"N., 073°48'18.7\"W., thence to (2647) (12) Approaches to New York, Atlantic Ocean. The (2617) 40°50'54.2\"N., 073°48'11.1\"W., thence to following area is a security zone: All waters of the At- (2618) 40°50'48.5\"N., 073°48'04.6\"W., thence to lantic Ocean between the Ambrose to Hudson Canyon (2619) 40°50'49.2\"N., 073°47'56.5\"W., thence to Traffic Lane and the Barnegat to Ambrose Traffic Lane (2620) 40°51'03.6\"N., 073°47'47.3\"W., thence to bound by the following points: (2621) 40°51'15.7\"N., 073°47'46.8\"W., thence to (2648) 40°21'29.9\"N., 073°44'41.0\"W., thence to (2622) 40°51'23.5\"N., 073°47'41.9\"W., (NAD 1983) thence (2649) 40°21'04.5\"N., 073°45'31.4\"W., thence to southwesterly along the shoreline to the point of ori- (2650) 40°15'28.3\"N., 073°44'13.8\"W., thence to gin. (2651) 40°15'35.4\"N., 073°43'29.8\"W., thence to (2623) (ii) Location: 100-Yard Zone. All waters of East- (2652) 40°19'21.2\"N., 073°42'53.0\"W., (NAD 1983) thence chester Bay within approximately 100 yards of Rodman to the point of origin. Neck bound by the following points: Onshore in ap- (2653) (b) Regulations. (1) Entry into or remaining in a proximate position safety or security zone is prohibited unless authorized (2624) 40°51'30.4\"N., 073°48'14.9\"W., thence to by the Coast Guard Captain of the Port, New York. (2625) 40°51'30.1\"N., 073°48'19.0\"W., thence to (2654) (2) Persons desiring to transit the area of a safety or (2626) 40°51'16.8\"N., 073°48'20.5\"W., thence to security zone may contact the Captain of the Port at (2627) 40°51'07.9\"N., 073°48'16.8\"W., thence to telephone number 718-354-4088 or on VHF channel 14 (2628) 40°50'54.9\"N., 073°48'09.0\"W., thence to
144 I Chapter 2 I Coast Pilot 2 (156.7 MHz) or VHF channel 16 (156.8 MHz) to seek means, the operator of a vessel shall proceed as di- permission to transit the area. If permission is granted, rected. all persons and vessels must comply with the instruc- tions of the Captain of the Port or his or her designated Subpart G-Protection of Naval Vessels representative. (2655) (3) Vessels not actively engaged in authorized ves- §165.2010 Purpose. sel to facility transfer operations shall not stop or loiter (2668) This subpart establishes the geographic parame- within that part of a commercial waterfront facility safety and security zone extending into the navigable ters of naval vessel protection zones surrounding U.S. channel, described in paragraph (a)(3) of this section, naval vessels in the navigable waters of the United without the express permission of the Coast Guard States. This subpart also establishes when the U.S. Captain of the Port or his or her designated representa- Navy will take enforcement action in accordance with tive, including on-scene patrol personnel. the statutory guideline of 14 U.S.C. 91. Nothing in the (2656) (4) The zone described in paragraph (a)(12) of this rules and regulations contained in this subpart shall section is not a Federal Anchorage Ground. Only ves- relieve any vessel, including U.S. naval vessels, from sels directed by the Captain of the Port or his or her the observance of the Navigation Rules. The rules and designated representative to enter this zone are autho- regulations contained in this subpart supplement, but rized to anchor here. do not replace or supercede, any other regulation per- (2657) (5) Vessels do not need permission from the Cap- taining to the safety or security of U.S. naval vessels. tain of the Port to transit the area described in para- graph (a)(12) of this section during periods when that §165.2015 Definitions. security zone is not being enforced. (2669) The following definitions apply to this subpart: (2658) (c) Enforcement. Enforcement periods for the zone (2670) Atlantic Area means that area described in 33 CFR in paragraph (a)(12) of this section will be announced through marine information broadcast or other appro- 3.04–1 Atlantic Area. priate method of communication. The Coast Guard is (2671) Large U.S. naval vessel means any U.S. naval vessel enforcing the zone whenever a vessel is anchored in the security zone or a Coast Guard patrol vessel is on-scene. greater than 100 feet in length overall. (2672) Naval defensive sea area means those areas de- §165.170 Safety Zone: Triathlon, Ulster Landing, Hudson River, NY. scribed in 32 CFR part 761. (2659) (a) Regulated area. The following area is a safety (2673) Naval vessel protection zone is a 500-yard regu- zone: All waters of the Hudson River, in the vicinity of Ulster Landing, bound by the following points: lated area of water surrounding large U.S. naval vessels (2660) 42°00'03.7\"N., 073°56'43.1\"W; thence to that is necessary to provide for the safety or security of (2661) 41°59'52.5\"N., 073°56'34.2\"W; thence to these U.S. naval vessels. (2662) 42°00'15.1\"N., 073°56'25.2\"W; thence to (2674) Navigable waters of the United States means those (2663) 42°00'05.4\"N., 073°56'41.9\"W; (NAD 1983); thence waters defined as such in 33 CFR part 2. along the shoreline to the point of beginning. (2675) Navigation rules means the Navigation Rules, In- (2664) (b) Effective period. This section is in effect annu- ternational-Inland. ally from 6 a.m. until 9 a.m. on the first Sunday after (2676) Official patrol means those personnel designated July 4th. and supervised by a senior naval officer present in com- (2665) (c) Regulations. (1) The general regulations con- mand and tasked to monitor a naval vessel protection tained in 33 CFR 165.23 apply. zone, permit entry into the zone, give legally enforce- (2666) (2) No vessels will be allowed to transit the safety able orders to persons or vessels within the zone, and zone without the permission of the Captain of the Port, take other actions authorized by the U.S. Navy. New York. (2677) Pacific Area means that area described in 33 CFR (2667) (3) All persons and vessels shall comply with the in- 3.04–3 Pacific Area. struction of the Coast Guard Captain of the Port or the (2678) Restricted area means those areas established by designated on-scene patrol personnel. These personnel the Army Corps of Engineers and set out in 33 CFR part comprise commissioned, warrant, and petty officers of 334. the Coast Guard. Upon being hailed by a U.S. Coast (2679) Senior naval officer present in command is, unless Guard vessel by siren, radio, flashing light, or other otherwise designated by competent authority, the se- nior line officer of the U.S. Navy on active duty, eligible for command at sea, who is present and in command of any part of the Department of Navy in the area. (2680) U.S. naval vessel means any vessel owned, oper- ated, chartered, or leased by the U.S. Navy; any
Navigation Regulations I Chapter 2 I 145 pre-commissioned vessel under construction for the unless authorized by the Coast Guard, the senior naval U.S. Navy, once launched into the water; and any vessel officer present in command, or official patrol. under the operational control of the U.S. Navy or a (2689) (e) To request authorization to operate within 100 Combatant Command. yards of a large U.S. naval vessel, contact the Coast (2681) Vessel means every description of watercraft or Guard, the senior naval officer present in command, or other artificial contrivance used, or capable of being the official patrol on VHF-FM channel 16. used, as a means of transportation on water, except U.S. (2690) (f) When conditions permit, the Coast Guard, se- Coast Guard or U.S. naval vessels. nior naval officer present in command, or the official patrol should: §165.2020 Enforcement authority. (2691) (1) Give advance notice on VHF-FM channel 16 of (2682) (a) Coast Guard. Any Coast Guard commissioned, all large U.S. naval vessel movements; (2692) (2) Permit vessels constrained by their naviga- warrant or petty officer may enforce the rules and regu- tional draft or restricted in their ability to maneuver to lations contained in this subpart. pass within 100 yards of a large U.S. naval vessel in or- (2683) (b) Senior naval officer present in command. In der to ensure a safe passage in accordance with the the navigable waters of the United States, when imme- Navigation Rules; and diate action is required and representatives of the Coast (2693) (3) Permit commercial vessels anchored in a desig- Guard are not present or not present in sufficient force nated anchorage area to remain at anchor when within to exercise effective control in the vicinity of large U.S. 100 yards of passing large U.S. naval vessels; and naval vessels, the senior naval officer present in com- (2694) (4) Permit vessels that must transit via a navigable mand is responsible for the enforcement of the rules channel or waterway to pass within 100 yards of a and regulations contained in this subpart to ensure the moored or anchored large U.S. naval vessel with mini- safety and security of all large naval vessels present. In mal delay consistent with security. meeting this responsibility, the senior naval officer (2695) Note to §165.2025 paragraph (f): The listed ac- present in command may directly assist any Coast tions are discretionary and do not create any additional Guard enforcement personnel who are present. right to appeal or otherwise dispute a decision of the Coast Guard, the senior naval officer present in com- §165.2025 Atlantic Area. mand, or the official patrol. (2684) (a) This section applies to any vessel or person in Part 166–Shipping Safety Fairways the navigable waters of the United States within the boundaries of the U.S. Coast Guard Atlantic Area, Subpart A–General which includes the First, Fifth, Seventh, Eighth and Ninth U.S. Coast Guard Districts. §166.100 Purpose. (2685) Note to §165.2025 paragraph (a): The boundaries (2696) The purpose of these regulations is to establish and of the U.S. Coast Guard Atlantic Area and the First, Fifth, Seventh, Eighth and Ninth U.S. Coast Guard Dis- designate shipping safety fairways and fairway anchor- tricts are set out in 33 CFR part 3. ages to provide unobstructed approaches for vessels us- (2686) (b) A naval vessel protection zone exists around ing U.S. ports. U.S. naval vessels greater than 100 feet in length over- all at all times in the navigable waters of the United §166.103 Geographic Coordinates. States, whether the large U.S. naval vessel is underway, (2697) Geographic coordinates expressed in terms of lati- anchored, moored, or within a floating dry dock, except when the large naval vessel is moored or anchored tude or longitude, or both, are not intended for plotting within a restricted area or within a naval defensive sea on maps or charts whose referenced horizontal datum area. is the North American Datum of 1983 (NAD 83), unless (2687) (c) The Navigation Rules shall apply at all times such geographic coordinates are expressly labeled NAD within a naval vessel protection zone. 83. Geographic coordinates without the NAD 83 refer- (2688) (d) When within a naval vessel protection zone, all ence may be plotted on maps or charts referenced to vessels shall operate at the minimum speed necessary NAD 83 only after application of the appropriate correc- to maintain a safe course, unless required to maintain tions that are published on the particular map or chart speed by the Navigation Rules, and shall proceed as di- being used. rected by the Coast Guard, the senior naval officer pres- ent in command, or the official patrol. When within a naval vessel protection zone, no vessel or person is al- lowed within 100 yards of a large U.S. naval vessel
146 I Chapter 2 I Coast Pilot 2 §166.105 Definitions. Part 167–Offshore Traffic Separation Schemes (2698) (a) Shipping safety fairway or fairway means a lane Subpart A-General or corridor in which no artificial island or fixed struc- ture, whether temporary or permanent, will be permit- §167.1 Purpose. ted. Temporary underwater obstacles may be permitted (2721) The purpose of the regulations in this part is to es- under certain conditions described for specific areas in Subpart B. Aids to navigation approved by the U.S. tablish and designate traffic separation schemes and Coast Guard may be established in a fairway. precautionary areas to provide access routes for vessels (2699) (b) Fairway anchorage means an anchorage area proceeding to and from U.S. ports. contiguous to and associated with a fairway, in which fixed structures may be permitted within certain spac- §167.3 Geographic coordinates. ing limitations, as described for specific areas in (2722) Geographic coordinates are defined using North Subpart B. American 1927 Datum (NAD 27) unless indicated oth- §166.110 Modification of areas. erwise. (2700) Fairways and fairway anchorages are subject to §167.5 Definitions. modification in accordance with 33 U.S.C. 1223(c); 92 (2723) (a) Area to be avoided means a routing measure Stat. 1473. comprising an area within defined limits in which ei- §166.500 Areas along the Atlantic Coast. ther navigation is particularly hazardous or it is excep- (2701) (a) Purpose. Fairways, as described in this section tionally important to avoid casualties and which should be avoided by all ships or certain classes of are established to control the erection of structures ships. therein to provide safe vessel routes along the Atlantic (2724) (b) Traffic separation scheme (TSS) means a desig- Coast. nated routing measure which is aimed at the separa- (2702) (b) Designated areas.–(1) Off New York Shipping tion of opposing streams of traffic by appropriate Safety Fairway. means and by the establishment of traffic lanes. (2703) (i) Ambrose to Nantucket Safety Fairway. The area (2725) (c) Traffic lane means an area within defined limits enclosed by rhumb lines, (North American Datum of in which one-way traffic is established. Natural obsta- 1927 (NAD-27)), joining points at: cles, including those forming separation zones, may (2704) 40°32'20\"N., 73°04'57\"W. constitute a boundary. (2705) 40°30'58\"N., 72°58'25\"W. (2726) (d) Separation zone or line means a zone or line (2706) 40°34'07\"N., 70°19'23\"W. separating the traffic lanes in which ships are proceed- (2707) 40°35'37\"N., 70°14'09\"W. ing in opposite or nearly opposite directions; or sepa- (2708) 40°30'37\"N., 70°14'00\"W. rating a traffic lane from the adjacent sea area; or (2709) 40°32'07\"N., 70°19'19\"W. separating traffic lanes designated for particular (2710) 40°28'58\"N., 72°58'25\"W. classes of ships proceeding in the same direction. (2711) 40°27'20\"N., 73°04'57\"W. (2727) (e) Precautionary area means a routing measure (2712) (ii) Nantucket to Ambrose Safety Fairway. The area comprising an area within defined limits where ships enclosed by rhumb lines, NAD-27, joining points at: must navigate with particular caution and within (2713) 40°24'20\"N., 73°04'58\"W. which the direction of traffic flow may be recom- (2714) 40°22'58'N., 72°58'26\"W. mended. (2715) 40°26'07\"N., 70°19'09\"W. (2728) (f) Deep-water route means an internationally rec- (2716) 40°27'37\"N., 70°13'46\"W. ognized routing measure primarily intended for use by (2717) 40°22'37\"N., 70°13'36\"W. ships that, because of their draft in relation to the avail- (2718) 40°24'07\"N., 70°19'05\"W. able depth of water in the area concerned, require the (2719) 40°20'58\"N., 72°58'26\"W. use of such a route. (2720) 40°19'20\"N., 73°04'58\"W. (2729) (g) Two-way route means a route within defined limits inside which two-way traffic is established, aimed at providing safe passage of ships through waters where navigation is difficult or dangerous.
Navigation Regulations I Chapter 2 I 147 §167.10 Operating rules. precautionary area is bounded to the east by a circle of (2730) The operator of a vessel in a TSS shall comply with radius 15.5 miles, centered upon geographic position: (2737) 40°35.00'N., 69°00.00'W., and is intersected by the Rule 10 of the International Regulations for Preventing traffic separation schemes “In the Approach to Boston, Collisions at Sea, 1972, as amended. Massachusetts” and “Off New York” at the following geographic positions: §167.15 Modification of schemes. (2738) 40°50.33'N., 68°57.00'W. (2731) (a) A traffic separation scheme or precautionary (2739) 40°23.75'N., 69°14.63'W. (2740) (2) The precautionary area is bounded to the west area described in this Part may be permanently by a line connecting the two traffic separation schemes amended in accordance with 33 U.S.C. 1223 (92 Stat. between the following geographic positions: 1473), and with international agreements. (2741) 40°36.75'N., 69°15.16'W. (2732) (b) A traffic separation scheme or precautionary (2742) 40°48.00'N., 69°03.33'W. area in this Part may be temporarily adjusted by the Commandant of the Coast Guard in an emergency, or §167.152 Off New York: Eastern approach, off to accommodate operations which would create an un- Nantucket. due hazard for vessels using the scheme or which (2743) (a) A separation zone is established bounded by a would contravene Rule 10 of the International Regula- line connecting the following geographic positions: tions for Preventing Collisions at Sea, 1972. Adjust- (2744) 40°28.75'N., 69°14.83'W. ment may be in the form of a temporary traffic lane (2745) 40°27.62'N., 70°13.77'W. shift, a temporary suspension of a section of the (2746) 40°30.62'N., 70°14.00'W. scheme, a temporary precautionary area overlaying a (2747) 40°31.75'N., 69°14.97'W. lane, or other appropriate measure. Adjustments will (2748) (b) A traffic lane for westbound traffic is established only be made where, in the judgment of the Coast between the separation zone and a line connecting the Guard, there is no reasonable alternative means of con- following geographic positions: ducting an operation and navigation safety will not be (2749) 40°36.75'N., 69°15.17'W. jeopardized by the adjustment. Notice of adjustments (2750) 40°35.62'N., 70°14.15'W. will be made in the appropriate Notice to Mariners and (2751) (c) A traffic lane for eastbound traffic is established in the Federal Register. Requests by members of the between the separation zone and a line connecting the public for temporary adjustments to traffic separation following geographic positions: schemes must be submitted 150 days prior to the time (2752) 40°22.62'N., 70°13.60'W. the adjustment is desired. Such Requests, describing (2753) 40°23.75'N., 69°14.63'W. the interference that would otherwise occur to a TSS, should be submitted to the District Commander of the §167.153 Off New York: Eastern approach, off Coast Guard District in which the TSS is located. Ambrose Light. (2754) (a) A separation zone is established bounded by a Subpart B–Description of Traffic Separation line connecting the following geographic positions: Schemes and Precautionary Areas (2755) 40°24.33'N., 73°04.97'W. (2756) 40°24.20'N., 73°11.50'W. §167.150 Off New York Traffic Separation Scheme: (2757) 40°26.00'N., 73°40.93'W. General. (2758) 40°27.00'N., 73°40.75'W. (2733) The specific areas in the Off New York Traffic Sepa- (2759) 40°27.20'N., 73°11.50'W. ration Scheme and Precautionary Areas are described (2760) 40°27.33'N., 73°04.95'W. in §§167.151, 167.152, 167.153, 167.154, and 167.155 (2761) (b) A traffic lane for westbound traffic is established of this chapter. between the separation zone and a line connecting the following geographic positions: §167.151 Off New York: Precautionary areas. (2762) 40°32.33'N., 73°04.95'W. (2734) (a) A circular precautionary area with a radius of (2763) 40°32.20'N., 73°11.50'W. (2764) 40°28.00'N., 73°40.73'W. seven miles is established centered upon Ambrose (2765) (c) A traffic lane for eastbound traffic is established Light in geographic position: between the separation zone and a line connecting the (2735) 40°27.50'N., 73°49.90'W. following geographic positions: (2736) (b) A precautionary area is established between the (2766) 40°25.05'N., 73°41.32'W. traffic separation scheme “Eastern Approach, off (2767) 40°19.20'N., 73°11.50'W. Nantucket” and the traffic separation schemes “In the Approach to Boston, Massachusetts.” (1) The
148 I Chapter 2 I Coast Pilot 2 (2768) 40°19.33'N., 73°04.97'W. Part 169–Ship Reporting Systems §167.154 Off New York: Southeastern approach. Subpart A–General (2769) (a) A separation zone is established bounded by a §169.1 What is the purpose of this subpart? line connecting the following geographic positions: (2796) This subpart prescribes the requirements for man- (2770) 40°03.10'N., 73°17.93'W. (2771) 40°06.50'N., 73°22.73'W. datory ship reporting systems. Ship reporting systems (2772) 40°22.45'N., 73°43.55'W. are used to provide, gather, or exchange information (2773) 40°23.20'N., 73°42.70'W. through radio reports. The information is used to pro- (2774) 40°08.72'N., 73°20.10'W. vide data for many purposes including, but not limited (2775) 40°05.32'N., 73°15.28'W. to: navigation safety, environmental protection, vessel (2776) (b) A traffic lane for northwest-bound traffic is es- traffic services, search and rescue, weather forecasting and prevention of marine pollution. tablished between the separation zone and a line con- necting the following geographic positions: §169.5 What terms are defined? (2777) 40°08.98'N., 73°10.87'W. (2797) Gross tons means vessel tonnage measured in ac- (2778) 40°12.42'N., 73°15.67'W. (2779) 40°24.02'N., 73°41.97'W. cordance with the method utilized by the flag state ad- (2780) (c) A traffic lane for southeast-bound traffic is es- ministration of that vessel. tablished between the separation zone and a line con- (2798) Mandatory ship reporting system means a ship re- necting the following geographic positions: porting system that requires the participation of speci- (2781) 40°21.82'N., 73°44.55'W. fied vessels or classes of vessels, and that is established (2782) 40°02.80'N., 73°27.15'W. by a government or governments after adoption of a (2783) 39°59.43'N., 73°22.35'W. proposed system by the International Maritime Organi- zation (IMO) as complying with all requirements of §167.155 Off New York: Southern approach. regulation V/8–1 of the International Convention for (2784) (a) A separation zone is established bounded by a the Safety of Life at Sea, 1974, as amended (SOLAS), ex- cept paragraph (e) thereof. line connecting the following geographic positions: (2799) Self-propelled ships means ships propelled by me- (2785) 39°45.70'N., 73°48.00'W. chanical means. (2786) 40°20.63'N., 73°48.33'W. (2800) Shore-based authority means the government ap- (2787) 40°20.87'N., 73°47.07'W. pointed office or offices that will receive the reports (2788) 39°45.70'N., 73°44.00'W. made by ships entering each of the mandatory ship re- (2789) (b) A traffic lane for northbound traffic is estab- porting systems. The office or offices will be responsi- ble for the management and coordination of the lished between the separation zone and a line connect- system, interaction with participating ships, and the ing the following geographic positions: safe and effective operation of the system. Such an au- (2790) 39°45.70'N., 73°37.70'W. thority may or may not be an authority in charge of a (2791) 40°21.25'N., 73°45.85'W. vessel traffic service. (2792) (c) A traffic lane for southbound traffic is estab- lished between the separation zone and a line connect- §169.10 What geographic coordinates are used? ing the following geographic positions: (2801) Geographic coordinates expressed in terms of lati- (2793) 40°20.53'N., 73°49.65'W. (2794) 39°45.70'N., 73°54.40'W. tude or longitude, or both, are not intended for plotting (2795) Note.–Use of LORAN C enables masters of appro- on maps or charts where the referenced horizontal da- priately equipped vessels to be informed highly accu- tum is the North American Datum of 1983 (NAD 83), rately and continuously about the vessel’s position in unless such geographic coordinates are expressly la- the area covered by this scheme. beled NAD 83. Geographic coordinates without the NAD 83 reference may be plotted on maps or charts ref- erenced to NAD 83 only after application of the appro- priate corrections that are published on the particular map or chart being used.
Navigation Regulations I Chapter 2 I 149 Subpart B–Establishment of Two Mandatory §169.120 When is the southeastern reporting Ship Reporting Systems for the Protection of system in effect? North Atlantic Right Whales (2808) The mandatory ship reporting system in the south- eastern United States operates during the period begin- §169.100 What mandatory ship reporting systems ning on November 15 each year through April 16 of the are established by this subpart? following year. (2802) This subpart prescribes requirements for the estab- lishment and maintenance of two mandatory ship re- §169.125 What classes of ships are required to porting systems for the protection of the endangered make reports? northern right whale (also known as the North Atlantic (2809) Each self-propelled ship of 300 gross tons or right whale). These two systems are designated for cer- greater must participate in the reporting systems, ex- tain areas of the East Coast of the United States. One cept government ships exempted from reporting by system is located in the northeast and is identified as regulation V/8–1(c) of SOLAS. However, exempt ships WHALESNORTH. The other system is located in the are encouraged to participate in the reporting systems. southeast and is identified as WHALESSOUTH. (2803) Note: 50 CFR 224.103(c) contains requirements §169.130 When are ships required to make and procedures concerning North Atlantic right whale reports? approach limitations and avoidance procedures. (2810) Participating ships must report to the shore-based authority upon entering the area covered by a report- §169.102 Who is the shore-based authority? ing system. Additional reports are not necessary for (2804) The U.S. Coast Guard is the shore-based authority movements made within a system or for ships exiting a system. for these mandatory ship reporting systems. §169.105 Where is the northeastern reporting §169.135 How must the reports be made? system located? (2811) (a) A ship equipped with INMARSAT C must report (2805) Geographical boundaries of the northeastern area include the waters of Cape Cod Bay, Massachusetts Bay, in IM0 standard format as provided in §169.140 in table and the Great South Channel east and southeast of 169.140. Massachusetts. The coordinates (NAD 83) of the area (2812) (b) A ship not equipped with INMARSAT C must re- are as follows: from a point on Cape Ann, Massachu- port to the Coast Guard using other means, listed be- setts at 42°39'N, 70°37'W; then northeast to 42°45'N, low in order of precedence– 70°13'W; then southeast to 42°10'N, 68°31'W; then (2813) (1) Narrow band direct printing (SITOR), south to 41°00'N, 68°31'W; then west to 41°00'N, (2814) (2) HF voice communication, or 69°17'W; then northwest to 42°05'N, 70°02'W; then (2815) (3) MF or VHF voice communications. west to 42°04'N, 70°10'W; and then along the Massa- (2816) (c) SITOR or HF reports made directly to the Coast chusetts shoreline of Cape Cod Bay and Massachusetts Guard’s Communications Area Master Station Atlantic Bay back to the point on Cape Ann at 42°39'N, 70°37'W. (CAMSLANT) in Chesapeake, VA, or MF or VHF reports made to Coast Guard activities or groups, should only §169.110 When is the northeastern reporting be made by ships not equipped with INMARSAT C. system in effect? Ships in this category must provide all the required in- (2806) The mandatory ship reporting system in the north- formation to the Coast Guard watchstander. eastern United States operates year-round. §169.140 What information must be included in §169.115 Where is the southeastern reporting the report? system located? (2817) Each ship report made to the shore-based author- (2807) Geographical boundaries of the southeastern area ity must follow the standard reporting and format re- include coastal waters within about 25 nautical miles quirements listed in this section in table 169.140. (45 kilometers) along a 90-nautical mile (170-kilome- Current email addresses and telex numbers are pub- ter) stretch of the Atlantic seaboard in Florida and lished annually in the U.S. Coast Pilot. Georgia. The area coordinates (NAD 83) extends from the shoreline east to longitude 80°51.6'W with the southern and northern boundaries at latitude 30°00'N and 31°27'N., respectively.
150 I Chapter 2 I Coast Pilot 2 Table 169.140–Requirements for ship reports Telegraphy Function Information required Name of system System identifier Ship reporting system WHALESNORTH or WHALESSOUTH M INMARSAT number Vessel INMARSAT number A Ship The name, call sign or ship station identity, IMO number, and flag of the vessel. B Date and time of event A 6-digit group giving day of month (first two digits), hours and minutes (last four digits). E True course A 3-digit group. F Speed in knots and tenths of knots A 3-digit group. Entry time expressed as in (B) and entry position expressed H Date, time and point of entry into system as– (1) A 4-digit group giving latitude in degrees and minutes suffixed with N (north) or S (south) and a 5-digit group giv- ing longitude in degrees and minutes suffixed with E (east) or W (west); or (2) True bearing (first 3 digits) and distance (state distance) in nautical miles from a clearly identified landmark (state landmark). I Destination and expected time of arrival Name of port and date time group expressed as in (B). L Route information Intended track. Part 207–Navigation Regulations and requirements which will govern the movement of vessels using the waterway. §207.20 Cape Cod Canal,Mass.; use,administration, (2820) (2) The Engineer-In-Charge, through the marine and navigation. traffic controller on duty, will enforce these regula- (2818) (a) Limits of canal. The canal, including ap- tions and monitor traffic through the canal. The ma- proaches, extends from the Canal Station Minus 100 in rine traffic controller on duty is the individual Cape Cod Bay, approximately one and six-tenths (1.6) responsible for interpretation of these regulations with statute miles seaward of the Canal Breakwater Light, respect to vessels transiting the canal. Vessels transiting through dredged channels and land cuts to Cleveland the canal must obey the orders of the marine traffic Ledge Light in Buzzards Bay approximately four (4) controller. statute miles southwest of Wings Neck. (2821) (3) The government has tugs stationed at the West (2819) (b) Supervision. (1) The movement of ships, boats Boat Basin for emergency use on an on-call basis. A pa- and craft of every description through the canal and the trol vessel is manned and operational 24-hours a day. operation and maintenance of the waterway and all (2822) (c) Communications. There is a marine traffic con- property of the United States pertaining thereto shall troller on duty 24 hours a day, seven days a week, in the be under the supervision of the Division Engineer, U.S. traffic control center located at the Canal Administra- Army Engineer Division, New England, Corps of Engi- tive Office. The primary method of communications neers, Waltham, Massachusetts, or the authorized between the canal and vessels transiting will be by representative of the division engineer, the Engineer- VHF-FM Marine radio. The traffic controller can also be In-Charge of the Cape Cod Canal. The division engineer contacted by telephone. or the Engineer-In-Charge from time to time will pre- (2823) (1) For radio communications, call the traffic con- scribe rules governing the dimensions of vessels which troller on channel 16 to establish contact. The trans- may transit the waterway, and other special conditions missions will then be switched to channel 12 or 14 as
Navigation Regulations I Chapter 2 I 151 the working channel to pass information. Channel 13 is Engineer-In-Charge; requests must be submitted 12 also available at the canal office; however, the use of hours in advance of the passage). channel 13 should be limited to emergency situations (2831) (f) Dangerous Cargoes. The master or pilot of any or whenever vessels do not have one of the other chan- vessel or tow carrying dangerous cargoes must notify nels. All four channels are monitored continuously by the Marine Traffic Controller prior to entering the ca- the traffic controller. Radio discipline will be adhered nal. Dangerous cargoes are defined as those items to in accordance with FCC rules and regulations. listed in 33 CFR 126.10 when carried in bulk (i.e., quan- (2824) (2) For telephone communications with the traffic tities exceeding 110 U.S. gallons in one tank) plus Class controller, call (508) 759-4431. A explosives (commercial or military) as listed in 49 (2825) (3) Vessels shall maintain a radio guard on Marine CFR 173.53 (commercial) and 46 CFR 146.29–100 VHF-FM channel 13 during the entire passage through (military), liquified natural gas and liquified petroleum the canal. gas. Transportation of dangerous cargoes through the (2826) (4) All radio communications in the vicinity of the canal shall be in strict accordance with existing regula- canal are tape recorded for future reference. tions prescribed by law. In addition, vessels carrying (2827) (d) Vessels allowed passage. The canal is open for dangerous cargoes shall comply with the following re- passage to all adequately powered vessels properly quirements. equipped and seaworthy, of sizes consistent with safe (2832) (1) They must have sufficient horsepower to over- navigation as governed by the controlling depths and come tidal currents or they will be required to wait for widths of the channel and the vertical and horizontal favorable current conditions. clearances of the bridges over the waterway. The grant- (2833) (2) Transits will be during daylight hours. ing of permission for any vessel to proceed through the (2834) (3) No transit will be permitted when visibility con- waterway shall not relieve the owners, agents and oper- ditions are unstable or less than 2 miles at the ap- ators of full responsibility for its safe passage. No vessel proaches and throughout the entire length of the having a greater draft forward than aft will be allowed canal. to transit the canal. Craft of low power and wind driven (2835) (4) Transits must await a clear canal for passage. are required to have and use auxiliary power during (2836) (g) Obtaining clearance. (1) Vessels under 65 feet in passage throughout the canal as defined in paragraph length may enter the canal without obtaining clear- (a) of this section. Low powered vessels will be required ance. All craft are required to make a complete passage to await slack water or favorable current for canal tran- through the canal except excursion craft which may sit. operate and change direction within the canal in accor- (2828) (e) Tows. (1) Tows shall be made-up outside the ca- dance with procedures coordinated with the marine nal entrances. All vessels engaged in towing other ves- traffic controller on duty. When the railroad bridge sels not equipped with a rudder shall use two lines or a span is in the closed (down) position, all vessels are di- bridle and one tow line. If the vessel in tow is equipped rected not to proceed beyond the points designated by with a rudder or a ship shaped bow, one tow line may be the stop signs posted east and west of the railroad used. All tow lines of hawsers must be hauled as short bridge. Vessels proceeding with a fair tide (with the as practicable for safe handling of the tows. No towboat current) should turn and stem the current at the desig- will be allowed to enter the waterway with more than nated stop points until the railroad bridge is in the two barges in tow unless prior approval is granted by raised (open) position. the Engineer-In-Charge; requests must be submitted (2837) (2) Vessels 65 feet in length and over shall not enter 12 hours in advance of the passage. the canal until clearance has been obtained from the (2829) (2) The maximum length of pontoon rafts using marine traffic controller by radio. See paragraph (c) the canal will be limited to 600 feet, and the maximum “Communications” for procedures. If a vessel, granted width to 100 feet. Pontoon rafts exceeding 200 feet in prior clearance, is delayed or stops at the mooring bas- length will be required to have an additional tug on the ins, state pier, or the Sandwich bulkhead, a second stern to insure that the tow is kept in line. The tugs clearance must be obtained prior to continuing passage used must have sufficient power to handle the raft through the canal. safely. (2838) (3) Vessels will be given clearance in the order of (2830) (3) Dead ships are required to transit the canal dur- arrival, except when conditions warrant one-way traf- ing daylight hours and must be provided with the num- fic, or for any reason an order of priority is necessary, ber of tugs sufficient to afford safe passage through the clearance will be granted in the following order. canal. (A dead ship will not be allowed to enter the canal (2839) (i) First-To vessels owned or operated by the United unless prior approval is granted by the States, including contractors’ equipment employed on canal maintenance or improvement work.
152 I Chapter 2 I Coast Pilot 2 (2840) (ii) Second-To passenger vessels. (2847) (i) Railroad Bridge Signals. The following signals at (2841) (iii) Third-To tankers and barges docking and the Buzzards Bay Railroad Bridge will be given strict attention. undocking at the Canal Electric Terminal. (2842) (iv) Fourth-To merchant vessels, towboats, com- (2848) (1) The vertical lift span on the railroad bridge is normally kept in the raised (open) position except mercial fishing vessels, pleasure boats and miscella- when it is lowered for the passage of trains, or for main- neous craft. tenance purposes. Immediately preceding the lowering (2843) (4) Procedures in adverse weather-Vessels carrying of the span, the operator will sound two long blasts of flammable or combustible cargoes as defined in 46 CFR an air horn. Immediately preceding the raising of the 30.25 will be restricted from passage through the canal span, the operator will sound one long blast of an air when visibility is less than ½ mile. Other vessels may horn. When a vessel or craft of any type is approaching transit the canal in thick weather by use of radar with the bridge with the span in the down (closed) position the understanding that the United States Government and the span cannot be raised immediately, the opera- will assume no responsibility: And provided, That tor of the bridge will so indicate by sounding danger clearance has been obtained from the marine traffic signals of four short blasts in quick succession. controller. (2844) (h) Traffic lights. There are three sets of traffic (2849) (2) When the lift span is in the down (closed) posi- lights showing red, green, and yellow that are operated tion in foggy weather or when visibility is obscured by on a continuous basis at the canal. The traffic lights ap- vapor, there will be four short blasts sounded from the ply to all vessels 65 feet in length and over. The traffic bridge every two minutes. lights are a secondary system that is operated in sup- port of the radio communications system. The traffic (2850) (j) Speed. All vessels are directed to pass mooring lights are located at the easterly canal entrance, Sand- and boat basin facilities, the state pier, and all floating wich, and at the westerly entrance to Hog Island Chan- plant engaged in maintenance operations of the water- nel at Wings Neck. A third traffic light is located at the way at a minimum speed consistent with safe naviga- Canal Electric Terminal basin on the south side of the tion. In order to coordinate scheduled rail traffic with canal in Sandwich, and applies only to vessels arriving the passage of vessels, to minimize erosion of the canal and departing that terminal. banks and dikes from excessive wave wash and suction, (2845) (1) Westbound traffic-When the green light is on at and for the safety of vessels using the canal, the follow- the eastern (Cape Cod Bay) entrance, vessels may pro- ing speed regulations must be observed by vessels of all ceed westward through the canal. When the red light is types, including pleasure craft. The minimum running on, any type of vessel 65 feet in length and over must time for the land cut between the East Mooring Basin stop clear of the Cape Cod Bay entrance channel. When (Station 35) and the Administration Office in Buzzards the yellow light is on, vessels 65 feet in length and over Bay (Station 388) is prescribed as follows: and drawing less than 25 feet may proceed as far as the East Mooring Basin where they must stop. Prior to con- (2851) Head Tide–60 Minutes tinuing passage through the canal, clearance must be (2852) Fair Tide–30 Minutes obtained from the marine traffic controller. (2853) Slack Tide–45 Minutes (2846) (2) Eastbound traffic-When the green light is on at (2854) The minimum running time between the Adminis- Wings Neck, vessels may proceed eastward through the canal. When the red light is on, vessels 65 feet and over tration Office (Station 388) and Hog Island Channel in length and drawing less than 25 feet must keep westerly entrance Buoy No. 1 (Station 661) is pre- southerly of Hog Island Channel Entrance Buoys Nos. scribed as follows: 1 and 2 and utilize the general anchorage areas adja- (2855) Head Tide–46 Minutes cent to the improved channel. Vessel traffic drawing 25 (2856) Fair Tide–23 Minutes feet and over are directed not to enter the canal chan- (2857) Slack Tide–35 Minutes nel at the Cleveland Ledge Light entrance and shall lay (2858) The running time at slack water will apply to any to or anchor in the vicinity of Buzzards Bay Buoy No. vessel which enters that portion of the canal between 11 (FLW & Bell) until clearance is granted by the canal stations 35 and 661, within the period of one-half hour marine traffic controller or a green traffic light at before or after the predicted time of slack water as Wings Neck is displayed. When the yellow light is on, given in the National Ocean Service publication “Cur- vessels may proceed through Hog Island Channel as far rent Tables, Atlantic Coast, North America.” The mini- as the West Mooring Basin where they must stop. Prior mum running time during a head tide or a fair tide to continuing passage through the canal, clearance shall apply to any vessel which enters that portion of must be obtained from the marine traffic controller. the canal between Station 35 and 661 at any time other than designated above for time requirements at slack tide. Vessels of any kind unable to make a through tran- sit of the land cut portion of the canal against a head
Navigation Regulations I Chapter 2 I 153 current of 6.0 knots within a maximum time limit of 2 (2865) (ii) Bourne Bridge. hours 30 minutes shall be required to obtain the assis- (2866) (iii) Railroad Bridge. tance of a helper tug at the vessel owner’s expense or (2867) (iv) Mass. Maritime Academy. await favorable tide conditions prior to receiving clear- (2868) (6) Unnecessary delay in canal-Vessels and other ance from the marine traffic controller. In the event vessels within the confines of the canal fail to perform type crafts must not obstruct navigation by unneces- and are unable to make sufficient headway against the sarily idling at low speed when entering or passing currents, the marine traffic controller may activate a through the canal. helper tug in accordance with paragraph (k) of this sec- (2869) (7) Stopping in the waterway-Anchoring in the tion. Cape Cod Canal Channel is prohibited except in emer- (2859) (k) Management of vessels. (1) Vessels within the gencies. For the safety of canal operations it is manda- limits of the canal shall comply with applicable naviga- tory that the masters of all vessels anchoring in or tion rules. adjacent to the canal channel (Cape Cod Bay to Cleve- (2860) (2) Vessels within the limits of the canal shall com- land Ledge Light) for any reason, immediately notify ply with the applicable requirements for the use of pi- the marine traffic controller. lots established by the Coast Guard, including but not (2870) (8) Utilization of mooring and boat basins and the limited to those contained in 46 CFR 157.20–40. Ves- Sandwich Bulkhead-Vessels mooring or anchoring in sels will not be granted clearance to enter the canal un- the mooring or boat basins at the Sandwich bulkhead til the marine traffic controller has been notified of the must do so in a manner not to obstruct or impede ves- name of the pilot who will be handling the vessel. sel movements to and from facilities. These facilities (2861) (3) The master of a vessel will be responsible for no- are of limited capacity and permission to occupy them tifying the marine traffic controller as soon as an emer- for periods exceeding 24 hours must be obtained in ad- gency situation appears to be developing. When in the vance from the marine traffic controller. Mooring in opinion of the marine traffic controller an emergency the West Boat Basin at Buzzards Bay, near the railroad exists, he/she can require the master to accept the as- bridge, is not permitted except in an emergency. sistance of a helper vessel. Whether or not assistance is Fishing boats, yachts, cabin cruisers and other craft provided by a government vessel or by a private firm utilizing the East Boat Basin on the south side of the under contract to the government, the government re- canal at Sandwich, Massachusetts are not permitted to serves the right to seek compensation from the vessel tie up at the Corps of Engineers landing float or anchor owners for all costs incurred. in a manner to prevent canal floating plant from having (2862) (4) Right of Way-All vessels proceeding with the ready access to the float. All vessels or barges left unat- current shall have the right of way over those proceed- tended must be securely tied with adequate lines or ca- ing against the current. All craft up to 65 feet in length bles. The United States assumes no liability for shall be operated so as not to interfere with the naviga- damages which may be sustained by any craft using the tion of vessels of greater length. bulkhead at Sandwich or the canal mooring or boat ba- (2863) (5) Passing of vessels-The passing of one vessel by sin facilities. Vessels shall not be left unattended along another when proceeding in the same direction is pro- the face of the government bulkhead. A responsible hibited except when a leading low powered ship is un- person with authority to authorize and/or accomplish able to make sufficient headway. However, extreme vessel movement must remain onboard at all times. caution must be observed to avoid collision, and con- (2871) (1) Grounded, wrecked or damaged vessels. In the sideration must be given to the size of the ship to be event a vessel is grounded, or so damaged by accident overtaken, velocity of current and wind, and atmo- as to render it likely to become an obstruction and/or spheric conditions. Masters of vessels involved shall in- hazard to navigation in the waterway, the division engi- form the marine traffic controller on duty of neer or the division engineer’s authorized representa- developing situations to facilitate coordination of ves- tive shall supervise and direct all operations that may sel movement. Meeting or passing of vessels at the east- be necessary to remove the vessel to a safe locality. erly end of the canal between Station Minus 40 and (2872) (m) [Reserved] Station 60 will not be permitted, except in cases of ex- (2873) (n) Deposit of refuse. No oil or other allied liquids, treme emergency, in order to allow vessels to utilize ashes, or materials of any kind shall be thrown, the center line range to minimize the effects of hazard- pumped or swept into the canal or its approaches from ous eddies and currents. Due to bank suction and tidal any vessel or craft using the waterway, nor shall any re- set, meeting and passing of vessels at the following lo- fuse be deposited on canal grounds, marine structures, cation will be avoided: or facilities. (2864) (i) Sagamore Bridge.
154 I Chapter 2 I Coast Pilot 2 (2874) (o) Trespass to property. Subject to the provisions United States and the Commonwealth of Massachu- of paragraph (q) of this section trespass upon the canal setts will be enforced. property is prohibited. (2882) (6) Hunting. Hunting is permitted in accordance with game laws of the United States and the Common- (2875) (p) Bridges over the canal. The government owns, wealth of Massachusetts. operates and maintains all bridges across the canal (2883) (7) Fires. No open fires will be allowed at any time which include one railroad bridge and two highway except by special permission and then shall be continu- bridges. The division engineer or his/her authorized ously overseen and in compliance with state or town representative may establish rules and regulations gov- laws. erning the use of these bridges. (2884) (8) Control of animals and pets. (i) No person shall bring or have horses in camping, picnic, swimming (2876) (q) Recreational use of canal.–(1) Policy. (i) It is the beaches or developed recreation areas. policy of the Secretary of the Army acting through the (2885) (ii) No person shall bring dogs (except seeing eye Chief of Engineers to provide the public with safe and dogs), cats, or other pets into developed recreation ar- healthful recreational opportunities within all water eas unless penned, caged, or on a leash no longer than resource development projects administered by the six feet or otherwise under physical restrictive controls Chief of Engineers, including the canal and govern- at all times. ment lands part thereof. Any recreational use of the ca- (2886) (9) Restrictions. (i) The division engineer may es- nal and those lands shall be at the users own risk. tablish a reasonable schedule of visiting hours for all or portions of the project area and close or restrict the (2877) (ii) All water resource development projects open public use of all or any portion of the project by the for recreational use shall be available to the public posting of appropriate signs indicating the extent and without regard to sex, race, creed, color or national ori- scope of closure. All persons shall observe such posted gin. No lessee, licensee, or concessionaire providing a restrictions. service to the public shall discriminate against any per- (2887) (ii) The operation or use of any audio or other noise son or persons because of sex, race, creed, color or na- producing device including, but not limited to, com- tional origin in the conduct of operations under the munications media and vehicles in such a manner as to lease, license or concession contract. unreasonably annoy, endanger persons or affect vessel traffic through the canal is prohibited. (2878) (2) Motor vehicles. Operation of motor vehicles, (2888) (10) Explosives, firearms, other weapons and fire- motorcycles, minibikes, mopeds, motorbikes, snow- works. (i) The possession of loaded firearms, ammuni- mobiles, and all types of off-road vehicles is prohibited tion, projectile firing devices, bows and arrows, on government lands and service roads except in areas crossbows, and explosives of any kind is prohibited un- specifically designated for such operation. less in the possession of a law enforcement officer or Government employee on official duty or used for (2879) (3) Swimming. Swimming, skin diving, snorkel- hunting during the hunting season as permitted under ing, and scuba diving in the canal between the east en- paragraph (q)(6) of this section, or unless written per- trance in Cape Cod Bay and the west entrance at mission has been received from the division engineer. Cleveland Ledge Light are prohibited. Diving opera- (2889) (ii) The possession or use of fireworks is prohibited tions may be authorized by the Engineer-In-Charge in unless written permission has been received from the conjunction with operation and maintenance of the ca- division engineer. nal. (2890) (11) Public property. Destruction, injury, deface- ment or removal of public property including natural (2880) (4) Camping. Overnight tenting or camping on formations, historical and archeological features and government land is prohibited except in areas desig- vegetative growth is prohibited without written per- nated by the division engineer. Bourne Scenic Park and mission of the division engineer. Scusset Beach State Reservation are designated camp- (2891) (12) Abandonment of personal property. (i) Aban- ing areas. Persons asleep during hours of darkness in donment of personal property is prohibited. Personal or out of vehicles shall be considered as campers. property shall not be left unattended upon the lands or waters of the project except in accordance with this (2881) (5) Fishing. Persons may fish with rod and line regulation. After a period of 24 hours, abandoned or from the banks of the canal on Federally owned prop- unattended personal property shall be impounded and erty except areas designated by the division engineer. stored at a storage point designated by the division en- Fishing and lobstering by boat in the Cape Cod Canal gineer. The division engineer shall assess a reasonable between the east entrance in Cape Cod Bay and the west entrance at Cleveland Ledge Light are prohibited. Fishing by boat is permitted in the area west of the State Pier in Buzzards Bay, provided that all craft stay out of the channel defined by United States Coast Guard buoys and beacons. Fish and game laws of the
Navigation Regulations I Chapter 2 I 155 impoundment fee, which shall be paid before the im- §207.50 Hudson River Lock at Troy,N.Y.; navigation. pounded property is returned to its owners. (2899) (a) Authority of lockmaster. The lockmaster shall (2892) (ii) The division engineer shall, by public or private sales or otherwise, dispose of all lost, abandoned, or un- be charged with the immediate control and manage- claimed personal property that comes into his/her cus- ment of the lock, and of the area set aside as the lock tody or control. However, efforts should be made to find area, including the lock approach channels. He shall the owner, the owner’s heirs or next of kin, or legal rep- see that all laws, rules and regulations for the use of the resentatives. If the owner, heirs or next of kin, or legal lock and lock area are duly complied with, to which end representative is determined but not found, the prop- he is authorized to give all necessary orders and direc- erty may not be disposed of until the expiration of 120 tions in accordance therewith, both to employees of the days after the date when notice, giving the time and Government and to any and every person within the place of the intended sale or other disposition, has been limits of the lock or lock area, whether navigating the sent by certified or registered mail to that person at last lock or not. No one shall cause any movement of any ves- known address. When diligent effort to determine the sel, boat, or other floating thing in the lock or ap- owner, owner’s heirs or next of kin, or legal representa- proaches except by or under the direction of the tive is unsuccessful, the property may be disposed of lockmaster or his assistants. without delay, except that if it has a fair market value of (2900) (b) Signals. Steamboats or tows desiring lockage in $25 or more the property generally may not be disposed either direction shall give notice to the lock tenders, of until three months after the date it is received at the when not more than three-fourths mile from the lock, Cape Cod Canal Administrative Office. The net proceeds by one long blast of (10 seconds’ duration), followed by from the sale of property shall be placed into the Trea- one short blast (of three seconds’ duration), on a whis- sury of the United States as miscellaneous receipts. tle or horn. When the lock is ready for entrance a green (2893) (13) Lost and found articles. All abandoned/lost ar- light will be shown from the river wall. An amber light ticles shall be deposited by the finder at the Canal Ad- will indicate that the lock is being made ready for en- ministration office or with Canal ranger. The finder trance. A red light will indicate that the approaching shall leave his/her name, address, and phone number. vessel must wait. Whenever local conditions make it All lost articles shall be disposed of in accordance with advisable the visual signals will be supplemented by procedures set forth in paragraph (q)(12) of this sec- sound signals as follows: tion. (2901) (1) One long blast of a horn to indicate that the ves- (2894) (14) Advertisement. Advertising by the use of bill- sel must wait. boards, signs, markers, audio devices or any other (2902) (2) One short blast of a horn to indicate that the means whatever is prohibited unless written permis- lock is being made ready for entrance. sion has been received from the division engineer. (2903) (3) Two short blasts of a horn to indicate permis- (2895) (15) Commercial activities. The engaging in or so- sion to enter the lock. licitation of business without the written permission of (2904) (4) Four short and rapid blasts to attract attention, the division engineer is prohibited. indicate caution, and signal danger. (2896) (16) Unauthorized structures. The construction or (2905) (c) Draft of boats. Deep-draft boats must clear the placing of any structure of any kind under, upon or over miter sills by at least 3 inches. Boats drawing too much the project lands or waters is prohibited unless a per- water will not be allowed to lighter cargo in the en- mit has been issued by the division engineer. Struc- trances. tures not under permit are subject to summary (2906) (d) Precedence at the lock. The vessel arriving first removal by the division engineer. at the lock shall be first to lock through; but prece- (2897) (17) Special events. Prior approval must be ob- dence shall be given to vessels belonging to the United tained from the Engineer-In-Charge for special events, States and to commercial vessels in the order named. recreational programs and group activities. The public Arrival posts or markers may be established ashore shall not be charged any fee by the sponsor of such above or below the lock. Vessels arriving at or opposite event unless the division engineer has approved in such posts or markers will be considered as having ar- writing the proposed schedule of fees. rived at the lock within the meaning of this paragraph. (2898) (18) Interference with government employees. In- If the traffic is crowded in both directions; up and down terference with any government employee in the con- lockages will usually be made alternately, but the lock duct of official duties pertaining to the administration tender may permit two or more lockages to be made at of these regulations is prohibited. one time in the same direction when this will not cause unreasonable delay. In case two or more boats or tows are to enter for the same lockage, they shall enter as di- rected by the lock tender. No boat shall run ahead of
156 I Chapter 2 I Coast Pilot 2 another while in the lock. The boat that enters first (2917) (n) Trespass on United States property. Trespass on shall leave first. United States property, or willful injury to the banks, (2907) (e) Lockage of pleasure boats. The lockage of plea- masonry, fences, trees, houses, machinery, or other sure boats, house boats or like craft shall be expedited property of the United States at or near the lock is by locking them through with commercial craft (other strictly prohibited. than barges carrying gasoline or highly hazardous ma- terials) in order to utilize the capacity of the lock to its (2918) (o) Penalties. In addition to the penalties pre- maximum. Lockage of pleasure craft may be made with scribed by law, boats which fail to comply with the reg- commercial craft carrying petroleum products other ulations in this section will thereafter be refused than gasoline provided a clear distance of at least 100 lockage until assurances have been received, satisfac- feet between such vessels can be maintained in the tory to the District Engineer, Corps of Engineers, New lock. If, after the arrival of such craft, no separate or York, New York, that the regulations will be complied combined lockage can be accomplished within a rea- with. sonable time, not to exceed the time required for three other lockages, then separate lockage shall be made. §207.60 Federal Dam, Hudson River, Troy, N.Y.; (2908) (f) Stations while waiting. Boats waiting their turn pool level. to enter the lock must lie at a sufficient distance from (2919) (a) Whenever the elevation of the pool created by the lock and in such a position as to leave sufficient the Federal dam at Troy, N.Y., shall fall to a point level room for the passage of boats leaving the lock. with the crest of the main spillway, the elevation of (2909) (g) Unnecessary delay. (1) Boats must not cause de- which is 14.33 feet mean sea level, the operation of the lay in entering or leaving the lock. Masters and pilots power plant shall cease and further operation thereof will be held to a strict accountability in this matter, and shall be suspended until such time as the water level those with tows must provide enough men to move rises to or above 14.43 feet mean sea level. barges promptly. Boats failing to enter the lock with (2920) (b) Flashboards may be maintained on the section reasonable promptness after being signaled will lose of the spillway of the dam having an elevation of 14.33 their turn. feet mean sea level in order to increase the elevation of (2910) (2) Tugboats arriving with their tows in a condition this section to an elevation equal to that of the auxiliary which will delay locking shall lose their turn if so or- spillway, or 16.33 feet mean sea level: Provided, That dered by the lock tender. Leaking boats may be ex- the flashboards are so erected as to drop automatically cluded until put in shape to be passed through safely. when the pool level rises to an elevation of 18.5 feet (2911) (h) Mooring. Boats in the lock or waiting in the en- mean sea level, and conform in other respects to the trance shall be moored where directed by the lock ten- plans attached thereto. der, by bow, stern, and spring lines, to the snubbing (2921) (c) The tide staff to be used in determining the ele- posts or line hooks. Tying boats to the lock ladders is vation of the pool shall be the ceramic tide staff now lo- strictly prohibited. cated on the westerly face of the east lock wall north of (2912) (i) Protection of lock gates. Boats will not be per- the northerly gates, the zero of which is set 2 feet below mitted to enter or leave the lock until the lock gates are mean sea level. at rest in the gate recesses and the lock tender has di- (2922) (d) The regulations of the pool level and the main- rected the boat to start. tenance of flashboards shall be subject to the supervi- (2913) (j) Damage to walls, etc. All craft passing through sion and approval of the District Engineer, New York the lock must be free from projections or sharp corners City. which might scar the walls or injure other parts. Steamboats must be provided with suitable fenders, §207.800 Collection of navigation statistics. etc. One man shall be kept at the head of every tow till it (2923) (a) Definitions. For the purpose of this regulation has cleared the lock and guide walls, and shall use the fender to prevent scarring the walls. the following terms are defined: (2914) (k) Handling machinery. None but employees of (2924) (1) Navigable waters of the United States means the United States will be allowed to move any valve, gate, or other machinery belonging to the lock. those waters of the United States that are subject to the (2915) (1) Refuse in lock. Throwing ashes, refuse, or other ebb and flow of the tide shoreward to the mean high obstruction in the entrances or in the lock, or on the water mark, and/or are presently used, or have been walls thereof, and passing coal from flats or barges to a used in the past, or may be susceptible to use to trans- steamboat while in the lock is prohibited. port interstate or foreign commerce. (See 33 CFR part (2916) (m) [Reserved] 329 for a more complete definition of this term.) (2925) (2) Offenses and Violations mean: (2926) (i) Failure to submit a required report.
Navigation Regulations I Chapter 2 I 157 (2927) (ii) Failure to provide a timely, accurate, and com- point from which barge is reconsigned is not reported, plete report. only points of loading and unloading. (2939) (v) Fleeting: Barge is deposited at a New Orleans (2928) (iii) Failure to submit monthly listings of idle ves- fleeting area by Company A and towed by Company B sels or vessels in transit. from fleeting area to New Orleans area dock for unload- ing. Company A, as barge owner, reports entire move- (2929) (iv) Failure to submit a report required by the ments from Minneapolis to the dock in New Orleans. lockmaster or canal operator. Company B does not report any barge movement. (2940) (b) Implementation of the waterborne commerce (2930) (3) Leased or chartered vessel means a vessel that is statistics provisions of the River and Harbor Act of leased or chartered when the owner relinquishes con- 1922, as amended by the Water Resources Develop- trol of the vessel through a contractual agreement with ment Act of 1986 (Pub. L. 99-662), mandates the fol- a second party for a specified period of time and/or for a lowing. specified remuneration from the lessee. Commercial (2941) (1) Filing Requirements. Except as provided in movements on an affreightment basis are not consid- paragraph (b)(2) of this section, the person or entity re- ered a lease or charter of a particular vessel. ceiving remuneration for the movement of vessels or for the transportation of goods or passengers on the (2931) (4) Person or entity means an individual, corpora- navigable waters is responsible for assuring that the ac- tion, partnership, or company. tivity report of commercial vessels is timely filed. (2942) (i) For vessels under lease/charter agreements, the (2932) (5) Timely means vessel and commodity movement lessee or charterer of any commercial vessel engaged in data must be received by the Waterborne Commerce commercial transportation will be responsible for the Statistics Center within 30 days after the close of the filing of said reports until the lease/charter expires. month in which the vessel movement or nonmove- (2943) (ii) The vessel owner, or his designated agent, is al- ment takes place. ways the responsible party for ensuring that all com- mercial activity of the vessel is timely reported. (2933) (6) Commercial vessel means a vessel used in (2944) (2) The following Vessel Information Reports are to transporting by water, either merchandise or passen- be filed with the Army Corps of Engineers, at the ad- gers for compensation or hire, or in the course of busi- dress specified on the ENG Form, and are to include: ness of the owner, lessee, or operator of the vessel. (2945) (i) Monthly Reports. These reports shall be made on ENG Forms furnished upon written request of the (2934) (7) Reporting situation means a vessel movement vessel operating companies to the Army Corps of Engi- by an operator that is required to be reported. Typical neers. The forms are available at the following address: examples are listed in the instructions on the various U.S. Army Corps of Engineers, Waterborne Commerce ENG Forms. Five typical movements that are required Statistics Center, Post Office Box 61280, New Orleans, to be reported by vessel operating companies include LA 70161-1280. the following examples: Company A is the barge owner, (2946) (A) All movements of domestic waterborne com- and the barge transports corn from Minneapolis, MN to mercial vessels shall be reported, including but not New Orleans, LA, with fleeting at Cairo, IL. limited to: Dry cargo ship and tanker moves, loaded and empty barge moves, towboat moves, with or without (2935) (i) Lease/Charter: If Company A leases or charters barges in tow, fishing vessels, movements of crew boats the barge to Company B, then Company B is responsi- and supply boats to offshore locations, tugboat moves ble for reporting the movements of the barge until the and movements of newly constructed vessels from the lease/charter expires. shipyard to the point of delivery. (2947) (B) Vessels idle during the month must also be re- (2936) (ii) Interline Movement: A barge is towed from ported. Minneapolis to Cairo by Company A, and from Cairo to (2948) (C) Notwithstanding the above requirements, the New Orleans by Company B. Since Company A is the following waterborne vessel movements need not be barge owner, and the barge is not leased. Company A re- reported: ports the entire movement of the barge with an origin (2949) (1) Movements of recreational vessels. of Minneapolis and a destination of New Orleans. (2950) (2) Movements of fire, police, and patrol vessels. (2951) (3) Movements of vessels exclusively engaged in (2937) (iii) Vessel Swap/Trade: Company A swaps barge construction (e.g., piledrivers and crane barges). Note: with Company B to allow Company B to meet a delivery however, that movements of supplies, materials, and commitment to New Orleans. Since Company A has not leased/chartered the barge, Company A is responsi- ble for filing the report. Company B is responsible for filing the report on the barge which is traded to Com- pany A. The swap or trade will not affect the primary re- sponsibility for reporting the individual vessel movements. (2938) (iv) Re-Consignment: Barge is reconsigned to Mo- bile, AL. Company A reports the movements as origi- nating in Minneapolis and terminating in Mobile. The
158 I Chapter 2 I Coast Pilot 2 crews to or from the construction site must be timely (2963) (c) Penalties for Noncompliance. The following reported. penalties for noncompliance can be assessed for of- (2952) (4) Movements of dredges to or from the dredging fenses and violations. site. However, vessel movements of dredged material from the dredging site to the disposal site must be re- (2964) (1) Criminal Penalties. Every person or persons vi- ported. olating the provisions of this regulation shall, for each (2953) (5) Specific movements granted exemption in writ- and every offense, be liable to a fine of not more than ing by the Waterborne Commerce Statistics Center. $5,000, or imprisonment not exceeding two months, to (2954) (D) ENG Forms 3925 and 3925b shall be completed be enforced in any district court in the United States and filed by vessel operating companies each month for within whose territorial jurisdiction such offense may all voyages or vessel movements completed during the have been committed. month. Vessels that did not complete a move during the month shall be reported as idle or in transit. (2965) (2) Civil Penalties. In addition, any person or entity (2955) (E) The vessel operating company may request a that fails to provide timely, accurate, and complete waiver from the Army Corps of Engineers, and upon statements or reports required to be submitted by this written approval by the Waterborne Commerce Center, regulation may also be assessed a civil penalty of up to the company may be allowed to provide the requisite $2,500 per violation under 33 U.S.C. 555, as amended. information of the above paragraph (D), on computer printouts, magnetic tape, diskettes, or alternate me- (2966) (3) Denial of Passage. In addition to these fines, dium approved by the Center. penalties, and imprisonments, the lockmaster or canal (2956) (F) Harbor Maintenance Tax information is re- operator can refuse to allow vessel passage. quired on ENG Form 3925 for cargo movements into or out of ports that are subject to the provisions of section (2967) (d) Enforcement Policy. Every means at the dis- 1402 of the Water Resources Development Act of 1986 posal of the Army Corps of Engineers will be utilized to (Pub. L. 99-662). monitor and enforce these regulations. (2957) (1) The name of the shipper of the commodity, and the shipper’s Internal Revenue Service number or So- (2968) (1) To identify vessel operating companies that cial Security number, must be reported on the form. should be reporting waterborne commerce data, The (2958) (2) If a specific exemption applies to the shipper, Corps will make use of, but is not limited to, the follow- the shipper should list the appropriate exemption code. ing sources. The specific exemption codes are listed in the direc- tions for ENG Form 3925. (2969) (i) Data on purchase and sale of vessels. (2959) (3) Refer to 19 CFR part 24 for detailed information (2970) (ii) U.S. Coast Guard vessel documentation and re- on exemptions and ports subject to the Harbor Mainte- nance Tax. ports. (2960) (ii) Annual Reports. Annually an inventory of ves- (2971) (iii) Data collected at Locks, Canals, and other facil- sels available for commercial carriage of domestic commerce and vessel characteristics must be filed on ities operated by the Corps. ENG Forms 3931 and 3932. (2972) (iv) Data provided by terminals on ENG Form 3926. (2961) (iii) Transaction Reports. The sale, charter, or lease (2973) (v) Data provided by the other Federal agencies in- of vessels to other companies must also be reported to assure that proper decisions are made regarding each cluding the Internal Revenue Service, Customs Ser- company’s duty for reporting vessel movements during vice, Maritime Administration, Department of the year. In the absence of notification of the transac- Transportation, and Department of Commerce. tion, the former company of record remains responsi- (2974) (vi) Data provided by ports, local facilities, and ble until proper notice is received by the Corps. State or local governments. (2962) (iv) Reports to Lockmasters and Canal Operators. (2975) (vii) Data from trade journals and publications. Masters of self-propelled non-recreational vessels (2976) (viii) Site visits and inspections. which pass through locks and canals operated by the (2977) (2) Notice of Violation. Once a reporting violation Army Corps of Engineers will provide the data specified is determined to have occurred, the Chief of the on ENG Forms 3102b, 3102c, and/or 3102d to the Waterborne Commerce Statistics Center will notify the lockmaster, canal operator, or his designated represen- responsible party and allow 30 days for the reports to be tative in the manner and detail dictated. filed after the fact. If the reports are not filed within this 30-day notice period, then appropriate civil or criminal actions will be undertaken by the Army Corps of Engi- neers, including the proposal of civil or criminal penal- ties for noncompliance. Typical cases for criminal or civil action include, but are not limited to, those viola- tions which are willful, repeated, or have a substantial impact in the opinion of the Chief of the Waterborne Commerce Statistics Center.
Navigation Regulations I Chapter 2 I 159 (2978) (3) Administrative Assessment of Civil Penalties. other especially hazardous operations, normally for the Civil penalties may be assessed in the following man- armed forces. The danger zones may be closed to the ner. public on a full-time or intermittent basis, as stated in the regulations. (2979) (i) Authorization. If the Chief of the Waterborne (2988) (b) Restricted area. A defined water area for the Commerce Statistics Center finds that a person or en- purpose of prohibiting or limiting public access to the tity has failed to comply with any of the provisions area. Restricted areas generally provide security for specified herein, he is authorized to assess a civil pen- Government property and/or protection to the public alty in accordance with the Class I penalty provisions of from the risks of damage or injury arising from the 33 CFR part 326. Provided, however, that the proce- Government’s use of that area. dures in 33 CFR part 326 specifically implementing the Clean Water Act (33 U.S.C. 1319(g)(4)), public notice, §334.3 Special policies. comment period, and state coordination, shall not ap- (2989) (a) General. The general regulatory policies stated ply. in 33 CFR part 320 will be followed as appropriate. In (2980) (ii) Initiation. The Chief of the Waterborne Com- addition, danger zone and restricted area regulations merce Statistics Center will prepare and process a pro- shall provide for public access to the area to the maxi- posed civil penalty order which shall state the amount mum extent practicable. of the penalty to be assessed, describe by reasonable (2990) (b) Food fishing industry. The authority to pre- specificity the nature of the violation, and indicate the scribe danger zone and restricted area regulations applicable provisions of 33 CFR part 326. must be exercised so as not to unreasonably interfere with or restrict the food fishing industry. Whenever the (2981) (iii) Hearing Requests. Recipients of a proposed proposed establishment of a danger zone or restricted civil penalty order may file a written request for a hear- area may affect fishing operations, the District Engi- ing or other proceeding. This request shall be as speci- neer will consult with the Regional Director, U.S. Fish fied in 33 CFR part 326 and shall be addressed to the and Wildlife Service, Department of the Interior and Director of the Water Resources Support Center, Casey the Regional Director, National Marine Fisheries Ser- Building, Fort Belvoir, VA 22060-5586, who will pro- vice, National Oceanic & Atmospheric Administration vide the requesting person or entity with a reasonable (NOAA). opportunity to present evidence regarding the issu- (2991) (c) Temporary, occasional or intermittent use. If ance, modification, or revocation of the proposed order. the use of the water area is desired for a short period of Thereafter, the Director of the Water Resources Center time, not to exceed thirty days in duration, and that shall issue a final order. planned operations can be conducted safely without imposing unreasonable restrictions on navigation, and (2982) (4) Additional Remedies. Appropriate cases may without promulgating restricted area regulations in also be referred to the local U.S. Attorney for prosecu- accordance with the regulations in this section, appli- tion, penalty collection, injunctive, and other relief by cants may be informed that formal regulations are not the Chief of the Waterborne Commerce Statistics Cen- required. Activities of this type shall not reoccur more ter. often than biennially (every other year), unless danger zone/restricted area rules are promulgated under this Part 334–Danger Zones and Restricted Area Part. Proper notices for mariners requesting that ves- Regulations sels avoid the area will be issued by the Agency request- ing such use of the water area, or if appropriate, by the §334.1 Purpose. District Engineer, to all known interested persons. (2983) The purpose of this part is to: Copies will also be sent to appropriate State agencies, (2984) (a) Prescribe procedures for establishing, amend- the Commandant, U.S. Coast Guard, Washington, DC 20590, and Director, National Geospatial-Intelligence ing and disestablishing danger zones and restricted Agency, Hydrographic Center, Washington, DC 20390, areas; ATTN: Code NS 12. Notification to all parties and (2985) (b) List the specific danger zones and restricted ar- Agencies shall be made at least two weeks prior to the eas and their boundaries; and planned event, or earlier, if required for distribution of (2986) (c) Prescribe specific requirements, access limita- Local Notice to Mariners by the Coast Guard. tions and controlled activities within the danger zones and restricted areas. §334.2 Definitions (2987) (a) Danger zone. A defined water area (or areas) used for target practice, bombing, rocket firing or
160 I Chapter 2 I Coast Pilot 2 §334.4 Establishment and amendment procedures. this general distribution, public notices will be sent to (2992) (a) Application. Any request for the establishment, the following Agencies: (3007) (i) The Federal Aviation Administration (FAA) amendment or revocation of a danger zone or re- where the use of airspace is involved. stricted area must contain sufficient information for (3008) (ii) The Commander, Service Force, U.S. Atlantic the District Engineer to issue a public notice, and as a Fleet, if a proposed action involves a danger zone off the minimum must contain the following: U.S. Atlantic coast. (2993) (1) Name, address and telephone number of re- (3009) (iii) Proposed danger zones on the U.S. Pacific questor including the identity of the command and coast must be coordinated with the applicable com- DoD facility and the identity of a point of contact with mands as follows: phone number. (3010) Alaska, Oregon and Washington: (2994) (2) Name of waterway and if a small tributary, the (3011) Commander, Naval Base, Seattle name of a larger connecting waterbody. (3012) California: (2995) (3) Name of closest city or town, county/parish and (3013) Commander, Naval Base, San Diego state. (3014) Hawaii and Trust Territories: (2996) (4) Location of proposed or existing danger zone or (3015) Commander, Naval Base, Pearl Harbor restricted area with a map showing the location, if pos- (3016) (c) Public hearing. The District Engineer may con- sible. duct a public hearing in accordance with 33 CFR part (2997) (5) A brief statement of the need for the area, its in- 327. tended use and detailed description of the times, dates (3017) (d) Environmental documentation. The District and extent of restriction. Engineer shall prepare environmental documentation (2998) (b) Public notice. (1) The Corps will normally pub- in accordance with appendix B to 33 CFR part 325. lish public notices and Federal Register documents (3018) (e) District Engineer’s recommendation. After clo- concurrently. Upon receipt of a request for the estab- sure of the comment period, and upon completion of lishment, amendment or revocation of a danger zone the District Engineer’s review he/she shall forward the or restricted area, the District Engineer should forward case through channels to the Office of the Chief of En- a copy of the request with his/her recommendation, a gineers, ATTN: CECW-OR with a recommendation of copy of the draft public notice and a draft Federal Reg- whether or not the danger zone or restricted area regu- ister document to the Office of the Chief of Engineers, lation should be promulgated. The District Engineer ATTN: CECW-OR. The Chief of Engineers will publish shall include a copy of environmental documentation the proposal in the Federal Register concurrent with prepared in accordance with appendix B to 33 CFR part the public notice issued by the District Engineer. 325, the record of any public hearings, if held, a sum- (2999) (2) Content. The public notice and Federal Regis- mary of any comments received and a response thereto, ter documents must include sufficient information to and a draft of the regulation as it is to appear in the Fed- give a clear understanding of the proposed action and eral Register. should include the following items of information: (3019) (f) Final decision. The Chief of Engineers will no- (3000) (i) Applicable statutory authority or authorities; tify the District Engineer of the final decision to either (40 Stat. 266; 33 U.S.C. 1) and (40 Stat. 892; 33 U.S.C. approve or disapprove the regulations. The District En- 3). gineer will notify the applicant/proponent and publish (3001) (ii) A reasonable comment period. The public no- a public notice of the final decision. Concurrent with tice should fix a limiting date within which comments issuance of the public notice the Office of the Chief of will be received, normally a period not less than 30 days Engineers will publish the final decision in the Federal after publication of the notice. Register and either withdraw the proposed regulation (3002) (iii) The address of the District Engineer as the re- or issue the final regulation as appropriate. The final cipient of any comments received. rule shall become effective no sooner than 30 days after (3003) (iv) The identity of the applicant/proponent; publication in the Federal Register unless the Chief of (3004) (v) The name or title, address and telephone num- Engineers finds that sufficient cause exists and pub- ber of the Corps employee from whom additional infor- lishes that rationale with the regulations. mation concerning the proposal may be obtained; (3005) (vi) The location of the proposed activity accompa- §334.5 Disestablishment of a danger zone. nied by a map of sufficient detail to show the bound- (3020) (a) Upon receipt of a request from any agency for aries of the area(s) and its relationship to the surrounding area. the disestablishment of a danger zone, the District En- (3006) (3) Distribution. Public notice will be distributed gineer shall notify that agency of its responsibility for in accordance with 33 CFR 325.3(d)(1). In addition to returning the area to a condition suitable for use by the
Navigation Regulations I Chapter 2 I 161 public. The agency must either certify that it has not (3028) (1) The area. The waters surrounding Nomans used the area for a purpose that requires cleanup or Land within an area bounded as follows: Beginning at that it has removed all hazardous materials and muni- tions, before the Corps will disestablish the area. The (3029) 41°12'30\", 70°50'30\"; thence northwesterly to agency will remain responsible for the enforcement of (3030) 41°15'30\", 70°51'30\"; thence northeasterly to the danger zone regulations to prevent unauthorized (3031) 41°17'30\", 70°50'30\"; thence southeasterly to entry into the area until the area is deemed safe for use (3032) 41°16'00\", 70°47'30\"; thence south to by the public and the area is disestablished by the (3033) 41°12'30\", 70°47'30\"; thence westerly to the point Corps. (3021) (b) Upon receipt of the certification required in of beginning. paragraph (a) of this section, the District shall forward (3034) (2) The regulations. No vessel or person shall at the request for disestablishment of the danger zone through channels to CECW-OR, with its recommenda- any time enter or remain within a rectangular portion tions. Notice of proposed rulemaking and public proce- of the area bounded on the north by latitude 41°16'00\", dures as outlined in §334.4 are not normally required on the east by longitude 70°47'30\", on the south by lati- before publication of the final rule revoking a restricted tude 41°12'30\", and on the west by longitude 70°50'30\", area or danger zone regulation. The disestablish- or within the remainder of the area between November ment/revocation of the danger zone or restricted area 1 and April 30, inclusive, except by permission of the regulation removes a restriction on a waterway. enforcing agency. (3035) (3) The regulations in this paragraph shall be en- forced by the Commandant, First Naval District, and such agencies as he may designate. §334.6 Datum. §334.75 Thames River, Naval Submarine Base New (3022) (a) Geographic coordinates expressed in terms of London, Restricted Area. (3036) (a) The area: The open waters of the Thames River latitude or longitude, or both, are not intended for plot- approximately 5 nautical miles upriver from its mouth ting on maps or charts whose reference horizontal da- along the boundary between Groton and Waterford, tum is the North American Datum of 1983 (NAD 83), Connecticut, within an area bounded as follows: unless such geographic coordinates are expressly la- (3037) From a point on the eastern shore at beled NAD 83. Geographic coordinates without the (3038) 41°24'14.4\"N., 72°05'38.0\"W., then northerly along NAD 83 reference may be plotted on maps or charts ref- the coast to erenced to NAD 83 only after application of the appro- (3039) 41°24'20.0\"N., 72°05'37.9\"W., then westerly across priate corrections that are published on the particular the river to a point on the western shore at map or chart being used. (3040) 41°24'20.0\"N., 72°05'55.5\"W., then southerly along (3023) (b) For further information on NAD 83 and Na- the coast to a point on the western shore at tional Service nautical charts please contact; Director, (3041) 41°24'05.0\"N., 72°05'55.7\"W., then easterly to the Coast Survey (N/CG2), National Ocean Service, NOAA, western edge of the dredged channel to a point located 1315 East-West Highway, Station 6147, Silver Spring, at MD 20910-3282. (3042) 41°24'04.1\"N., 72°05'51.2\"W., then southerly along the western edge of the dredged channel to a point at §334.60 Cape Cod Bay south of Wellfleet Harbor, (3043) 41°24'00\"N., 72°05'52.6\"W., then southerly along Mass.; naval aircraft bombing target area. the western edge of the dredged channel to a point lo- (3024) (a) The danger zone. A circular area with a radius of cated at 1,000 yards having its center on the aircraft bombing (3044) 41°23'57.1\"N., 72°05'52.5\"W., then southerly to target hulk James Longstreet in Cape Cod Bay at lati- buoy “11” located at a point at tude 41°49'46\", longitude 70°02'54\". (3045) 41°23'45.6\"N., 72°05'53.7\"W., then southerly to (3025) (b) The regulations. (1) No vessel shall enter or re- buoy “B” on the northeastern shore of Mamacoke Hill main in the danger zone at any time, except as autho- to a point at rized by the enforcing agency. (3046) 41°23'33.8\"N., 72°05'53.7\"W., then southerly along (3026) (2) This section shall be enforced by the Comman- the shore to buoy “A” at dant, First Naval District, and such agencies as he may (3047) 41°23'25.0\"N., 72°05'45.4\"W., then southeasterly designate. to buoy “9” at a point located at (3048) 41°23'15.0\"N., 72°05'35.0\"W., then easterly to a §334.70 Buzzards Bay, and adjacent waters, Mass.; point on the eastern shore at danger zones for naval operations. (3049) 41°23'15.0\"N., 72°05'17.9\"W., then northerly along (3027) (a) Atlantic Ocean in vicinity of Nomans Land– the shore to a point on the eastern shore at
162 I Chapter 2 I Coast Pilot 2 (3050) 41°23'15.8\"N., 72°05'17.9\"W., then along the fol- London, Connecticut, and such agencies as he/she may lowing points: designate. (3051) 41°23'15.8\"N., 72°05'22.0\"W. §334.78 Rhode Island Sound, Atlantic Ocean, (3052) 41°23'25.9\"N., 72°05'29.9\"W. approximately 4.0 nautical miles due south of (3053) 41°23'33.8\"N., 72°05'34.7\"W. Lands End in Newport, Rhode Island; restricted (3054) 41°23'37.0\"N., 72°05'38.0\"W. area for naval practice minefield. (3055) 41°23'41.0\"N., 72°05'40.3\"W. (3067) (a) The area. The open waters of Rhode Island (3056) 41°23'47.2\"N., 72°05'42.3\"W. Sound approximately 4.0 nautical miles due south of (3057) 41°23'53.8\"N., 72°05'43.7\"W. Lands End, Newport, Rhode Island, within an area (3058) 41°23'59.8\"N., 72°05'43.0\"W. bounded as follows: Beginning at (3059) 41°24'12.4\"N., 72°05'43.2\"W. Then to the point of (3068) 41°20'29\"N., 71°19'54\"W.; thence 2000 yards east- erly to beginning on the eastern shore. (3069) 41°20'29\"N., 71°18'34\"W.; thence 3000 yards south- (3060) (b) The regulations. erly to (3061) (1) Vessels and other watercraft within the desig- (3070) 41°18'57\"N., 71°18'34\"W.; thence 2000 yards west- erly to nated navigation channel may proceed through the re- (3071) 41°18'57\"N., 71°19'54\"W.; thence 3000 yards north- stricted area at normal operating speeds without erly to the point of beginning. stopping. Vessels and watercraft may also utilize the (3072) (b) The regulations. (1) No persons, vessels or water area within the restricted area located between other watercraft will be allowed to enter the designated the western edge of the designated channel and the west- area during minefield training. ern shore for fishing, anchoring and other recreational (3073) (2) The practice minefield will consist of six inert uses. However, all persons, vessels and watercraft, ex- drill mines each 16 inches in diameter and 5 feet long cept U.S. military personnel and vessels must leave the and one concrete sonar target 48 inches in diameter restricted area when notified by personnel of the New and 48 inches high located within the designated area. London Submarine Base that such use will interfere The sonar target will be permanently located in the ex- with submarine maneuvering, operations or security. treme northeast corner within the designated drill (3062) (2) Commercial fishermen and shell fishermen minefield area. The six drill mines will be steel with all may fish within the restricted area provided their ves- internal mechanisms and explosives removed and con- sels display registration numbers issued by the Naval crete filled. Drill mines will be removed from the desig- Submarine Base, New London, Connecticut. The regis- nated area within 72 hours after each minehunting tration numbers may be obtained by contacting the training exercise. Commanding Officer, Naval Submarine Base New Lon- (3074) (3) Training activities will be limited to minehunt- don. All commercial fishermen and shell fishermen ing operations using only onboard sonar. Neither vari- must also leave the restricted area when notified by able depth sonar devices or mechanical minesweeping personnel of the New London Submarine Base that operations will be utilized in the area. such use will interfere with submarine maneuvering, (3075) (4) Training periods will be 2-3 days in length and operations or security. 10-15 times a year, however during the time period July (3063) (3) Vessels which are owned, operated or sponsored 1–mid-October, minehunting exercises will be held to by local, state municipalities or academic institutions minimum. preparing for or participating in a water sport or water (3076) (5) Notice to mariners will be issued 6–8 weeks in related recreational event sponsored by those local or advance of a scheduled practice exercise by the Com- state municipalities or academic institutions, or pri- mander, U.S. Naval Base, Newport, Rhode Island. vate or commercial vessels engaged in observing the (3077) (6) The regulations of this section shall be enforced conduct of the above event shall be exempt from the re- by the Commander, U.S. Naval Base, Newport, Rhode strictions above, providing: Island, and such agencies as he/she may designate. (3064) (i) The Commanding Officer, Naval Submarine Base New London, and the Coast Guard Captain of the §334.80 Narragansett Bay, R.I.; restricted area. Port are advised in writing at least 48 hours in advance (3078) (a) Beginning at a point on the east shore of of the event, or (3065) (ii) The event was publicized in such a manner that Conanicut Island at the local public in general had a reasonable opportu- (3079) 41°33'15\"; thence southeasterly to nity to learn of the event 48 hours in advance. (3080) 41°32'44\", 71°21'17\"; thence southerly to (3066) (4) The regulations in this section shall be enforced (3081) 41°32'09\", 71°21'17\"; thence southeasterly to by the Commander, U.S. Naval Submarine Base New
Navigation Regulations I Chapter 2 I 163 (3082) 41°31'50\", 71°21'10\"; thence southeasterly to (3099) 41°31'04.2\"N., 71°19'52.8\"W.; thence to (3083) 41°31'26\", 71°20'33\"; thence easterly to (3100) 41°30'27.3\"N., 71°19'52.8\"W.; thence to (3084) 41°31'27\", 71°20'06\"; thence northerly to a point (3101) 41°30'13.8\"N., 71°19'42.0\"W.; thence to (3102) 41°30'10.2\"N., 71°19'32.6\"W.; thence to on the southwesterly shore of Prudence Island at (3103) 41°30'10.2\"N., 71°19'20.0\"W.; thence northerly along (3085) 41°35'00\"; thence northerly along the southwest- the mainland shoreline to the point of origin. erly shore of Prudence Island to a point at (3104) (b) The regulation. All persons, swimmers, vessels (3086) 41°35'43\", 71°20'15.5\"; thence northwesterly to (3087) 41°37'21\", 71°20'48\"; thence west to and other craft, except those vessels under the supervi- (3088) 41°37'21\", 71°21'48\"; and thence south to sion or contract to local military or Naval authority, (3089) 41°33'54\", 71°21'48\". vessels of the United States Coast Guard, and Federal, (3090) (b) The regulations: (1) No person or vessel shall at local or State law enforcement vessels, are prohibited from entering the restricted areas without permission any time, under any circumstances, anchor or fish or from the Commanding Officer Naval Station Newport, tow a drag of any kind in the prohibited area because of USN, Newport, Rhode Island or his/her authorized the extensive cable system located therein. representative. (3091) (2) Orders and instructions issued by patrol craft or (3105) (c) Enforcement. (1) The regulation in this section, other authorized representatives of the enforcing promulgated by the United States Army Corps of Engi- agency shall be carried out promptly by persons or ves- neers, shall be enforced by the United States Navy, sels in or in the vicinity of the prohibited area. Commanding Officer Naval Station Newport, Newport, (3092) (3) The regulations in this section shall be enforced Rhode Island and/or other persons or agencies as by the Commander U.S. Naval Base, Newport, R.I., and he/she may designate. such agencies as he may designate. §334.81 Narragansett Bay, East Passage, §334.85 New York Harbor, adjacent to the Coddington Cove, Naval Station Newport, Naval Stapleton Naval Station, Staten Island, New York; Restricted Area, Newport, Rhode Island. restricted area. (3093) (a) The area. All of the navigable waters of (3106) (a) The area. The waters of New York Harbor begin- Coddington Cove east of a line that connects ning at a point on shore at Coddington Point at 41°31'24.0\"N., 71°19'24.0\"W.; (3107) 40°38'02\"N., 074°04'24\"W.; thence easterly to with the outer end of the Coddington Cove breakwater (3108) 40°38'02.5\"N., 074°04'09\"W.; thence southerly to on the north side of the cove at 41°31'55.7\"N., (3109) 40°37'53\"N., 074°04'07\"W.; thence east-southeast- 71°19'28.2\"W. erly to (3094) (b) The regulation. All persons, swimmers, vessels (3110) 40°37'50\"N., 074°03'50.2\"W.; thence south-south- and other craft, except those vessels under the supervi- easterly to sion or contract to local military or Naval authority, (3111) 40°37'37.5\"N., 074°03'46\"W.; thence southwesterly vessels of the United States Coast Guard, and local or to the shore line at state law enforcement vessels, are prohibited from en- (3112) 40°37'24.5\"N., 074°04'18\"W.; thence northerly tering the restricted area without specific permission along the shore line to the point of origin. from the Commanding Officer, Naval Station Newport, (3113) (b) The regulations. (1) The portion of the re- USN, Newport, Rhode Island or his/her authorized rep- stricted area extending from the shore out to a line 600 resentative. feet east of the U.S. Pierhead Line is closed to all per- (3095) (c) Enforcement. The regulation in this section, sons and vessels except those vessels owned by, under promulgated by the United States Army Corps of Engi- hire to or performing work for Naval Station New York, neers, shall be enforced by the United States Navy, Staten Island, New York. Commanding Officer Naval Station Newport, and/or (3114) (2) The portion of the restricted area beginning 600 such agencies or persons as he/she may designate. feet seaward of the U.S. Pierhead Line is open to transiting vessels only. Vessels shall proceed across the §334.82 Narragansett Bay, East Passage, Coasters area by the most direct route and without unnecessary Harbor Island, Naval Station Newport, Newport, delay. For vessels under sail, necessary tacking shall Rhode Island, Restricted Area. constitute a direct route. (3096) (a) The area. The waters within a \"C-shaped\" area (3115) (3) Commercial vessels at anchor will be permitted adjacent to and surrounding Coasters Harbor Island to swing into the seaward portion of the restricted area beginning at Coddington Point at while at anchor and during the tide changes. (3097) 41°31'24.0\"N., 71°19'24.0\"W.; thence to (3116) (c) Enforcement. The regulations in this section (3098) 41°31'21.5\"N., 71°19'45.0\"W.; thence to shall be enforced by the Commanding Officer, Naval
164 I Chapter 2 I Coast Pilot 2 Station New York, and such agencies as he/she shall (3142) (a) Sewage means human body wastes and the designate. wastes from toilets and other receptacles intended to receive or retain body wastes; §334.102 Sandy Hook Bay, Naval Weapons Station EARLE, Piers and Terminal Channel, Restricted (3143) (b) Discharge includes, but is not limited to, any Area, Middletown, New Jersey. spilling, leaking, pumping, pouring, emitting, empty- (3117) (a) The area. All of the navigable waters within the ing, or dumping; area bounded by these coordinates: (3118) 40°25'55.6\"N., 074°04'31.4\"W.; thence to (3144) (c) Marine sanitation device includes any equip- (3119) 40°26'54.0\"N., 074°03'53.0\"W.; thence to ment for installation onboard a vessel and which is de- (3120) 40°26'58.0\"N., 074°04'03.0\"W.; thence to signed to receive, retain, treat, or discharge sewage and (3121) 40°27'56.0\"N., 074°03'24.0\"W.; thence to any process to treat such sewage; (3122) 40°27'41.7\"N., 074°02'45.0\"W.; thence to (3123) 40°28'23.5\"N., 074°02'16.6\"W.; thence to (3145) (d) Vessel includes every description of watercraft (3124) 40°28'21.2\"N., 074°01'56.0\"W.; thence to or other artificial contrivance used, or capable of being (3125) 40°28'07.9\"N., 074°02'18.6\"W.; thence to used, as a means of transportation on waters of the (3126) 40°27'39.3\"N., 074°02'38.3\"W.; thence to United States; (3127) 40°27'28.5\"N., 074°02'10.4\"W.; thence to (3128) 40°26'29.5\"N., 074°02'51.2\"W.; thence to (3146) (e) New vessel refers to any vessel on which con- (3129) 40°26'31.4\"N., 074°02'55.4\"W.; thence to struction was initiated on or after January 30, 1975; (3130) 40°25'27.1\"N., 074°03'39.7\"W.; and thence along the shoreline to the point of origin (NAD 83). (3147) (f) Existing vessel refers to any vessel on which (3131) The Department of the Navy plans to install buoys construction was initiated before January 30, 1975; along these coordinates to outline the Restricted Area. (3132) (b) The regulation. (1) Except as set forth in sub- (3148) (g) Fecal coliform bacteria are those organisms as- paragraph (b)(2), no persons, unauthorized vessels or sociated with the intestines of warm-blooded animals other unauthorized craft may enter the restricted area that are commonly used to indicate the presence of fe- at any time; cal material and the potential presence of organisms (3133) (2) Vessels are authorized to cross the Terminal capable of causing human disease. Channel provided that there are no naval vessels then transiting the channel bounded by: §140.2 Scope of standard. (3134) 40°27'41.7\"N., 074°02'45.0\"W.; thence to (3149) The standard adopted herein applies only to vessels (3135) 40°28'23.5\"N., 074°02'16.6\"W.; thence to (3136) 40°28'21.2\"N., 074°01'56.0\"W.; thence to on which a marine sanitation device has been installed. (3137) 40°28'07.9\"N., 074°02'18.6\"W.; thence to The standard does not require the installation of a ma- (3138) 40°27'39.3\"N., 074°02'38.3\"W.; and rine sanitation device on any vessel that is not so (3139) (3) No person may swim in the Restricted Area. equipped. The standard applies to vessels owned and (3140) (c) Enforcement. The regulation in this section, operated by the United States unless the Secretary of promulgated by the U.S. Army Corps of Engineers, Defense finds that compliance would not be in the in- shall be enforced by the Commanding Officer, Naval terest of national security. Weapons Station Earle, and/or other persons or agen- cies as he/she may designate. §140.3 Standard. (3150) (a) (1) In freshwater lakes, freshwater reservoirs or TITLE 40–PROTECTION OF ENVIRONMENT other freshwater impoundments whose inlets or out- Part 140–Marine Sanitation Device Standard lets are such as to prevent the ingress or egress by ves- sel traffic subject to this regulation, or in rivers not §140.1 Definitions. capable of navigation by interstate vessel traffic subject (3141) For the purpose of these standards the following to this regulation, marine sanitation devices certified by the U.S. Coast Guard (see 33 CFR part 159, pub- definitions shall apply: lished in 40 FR 4622, January 30, 1975), installed on all vessels shall be designed and operated to prevent the overboard discharge of sewage, treated or untreated, or of any waste derived from sewage. This shall not be con- strued to prohibit the carriage of Coast Guard-certified flow-through treatment devices which have been se- cured so as to prevent such discharges. (3151) (2) In all other waters, Coast Guard-certified ma- rine sanitation devices installed on all vessels shall be designed and operated to either retain, dispose of, or discharge sewage. If the device has a discharge, subject to paragraph (d) of this section, the effluent shall not
Navigation Regulations I Chapter 2 I 165 have a fecal coliform bacterial count of greater than §140.4 Complete prohibition. 1,000 per 100 milliliters nor visible floating solids. Wa- (3158) (a) Prohibition pursuant to CWA section 312(f)(3): ters where a Coast Guard-certified marine sanitation device permitting discharge is allowed include coastal a State may completely prohibit the discharge from all waters and estuaries, the Great Lakes and inter-con- vessels of any sewage, whether treated or not, into nected waterways, fresh-water lakes and impound- some or all of the waters within such State by making a ments accessible through locks, and other flowing written application to the Administrator, Environmen- waters that are navigable interstate by vessels subject tal Protection Agency, and by receiving the Administra- to this regulation. tor's affirmative determination pursuant to section (3152) (b) This standard shall become effective on January 312(f)(3) of the Act. [...] 30, 1977 for new vessels and on January 30, 1980 for ex- (3159) (b) Prohibition pursuant to CWA section isting vessels (or, in the case of vessels owned and oper- 312(f)(4)(A): a State may make a written application to ated by the Department of Defense, two years and five the Administrator, Environmental Protection Agency, years, for new and existing vessels, respectively, after under section 312(f)(4)(A) of the Act, for the issuance of promulgation of implementing regulations by the Sec- a regulation completely prohibiting discharge from a retary of Defense under section 312(d) of the Act). vessel of any sewage, whether treated or not, into par- (3153) (c) Any vessel which is equipped as of the date of ticular waters of the United States or specified portions promulgation of this regulation with a Coast thereof, which waters are located within the bound- Guard-certified flow-through marine sanitation device aries of such State. Such application shall specify with meeting the requirements of paragraph (a)(2) of this particularly the waters, or portions thereof, for which a section, shall not be required to comply with the provi- complete prohibition is desired. The application shall sions designed to prevent the overboard discharge of include identification of water recreational areas, sewage, treated or untreated, in paragraph (a)(1) of this drinking water intakes, aquatic sanctuaries, identifi- section, for the operable life of that device. able fish-spawning and nursery areas, and areas of in- (3154) (d) After January 30, 1980, subject to paragraphs tensive boating activities. If, on the basis of the State's (e) and (f) of this section, marine sanitation devices on application and any other information available to him, all vessels on waters that are not subject to a prohibi- the Administrator is unable to make a finding that the tion of the overboard discharge of sewage, treated or waters listed in the application require a complete pro- untreated, as specified in paragraph (a)(1) of this sec- hibition of any discharge in the waters or portions tion, shall be designed and operated to either retain, thereof covered by the application, he shall state the dispose of, or discharge sewage, and shall be certified reasons why he cannot make such a finding, and shall by the U.S. Coast Guard. If the device has a discharge, deny the application. If the Administrator makes a find- the effluent shall not have a fecal coliform bacterial ing that the waters listed in the application require a count of greater than 200 per 100 milliliters, nor sus- complete prohibition of any discharge in all or any part pended solids greater than 150 mg/1. of the waters or portions thereof covered by the State's (3155) (e) Any existing vessel on waters not subject to a application, he shall publish notice of such findings to- prohibition of the overboard discharge of sewage in gether with a notice of proposed rule making, and then paragraph (a)(1) of this section, and which is equipped shall proceed in accordance with 5 U.S.C. 553. If the Ad- with a certified device on or before January 30, 1978, ministrator's finding is that applicable water quality shall not be required to comply with paragraph (d) of standards require a complete prohibition covering a this section, for the operable life of that device. more restricted or more expanded area than that ap- (3156) (f) Any new vessel on waters not subject to the pro- plied for by the State, he shall state the reasons why his hibition of the overboard discharge of sewage in para- finding differs in scope from that requested in the graph (a)(1) of this section, and on which construction State's application. [...] is initiated before January 31, 1980, which is equipped (3160) (ii) Waters of the State of Florida within the bound- with a marine sanitation device before January 31, aries of the Florida Keys National Marine Sanctuary as 1980, certified under paragraph (a)(2) of this section, delineated on a map of the Sanctuary at http://www. shall not be required to comply with paragraph (d) of fknms.nos.noaa.gov/. this section, for the operable life of that device. (3161) (c)(1) Prohibition pursuant to CWA section (3157) (g) The degrees of treatment described in para- 312(f)(4)(B): A State may make written application to graphs (a) and (d) of this section are ‘‘appropriate stan- the Administrator of the Environmental Protection dards\" for purposes of Coast Guard and Department of Agency under section 312(f)(4)(B) of the Act for the is- Defense certification pursuant to section 312(g)(2) of suance of a regulation establishing a drinking water in- the Act. take no discharge zone which completely prohibits discharge from a vessel of any sewage, whether treated
166 I Chapter 2 I Coast Pilot 2 or untreated, into that zone in particular waters, or procedures contained in 40 CFR part 136, ‘‘Guidelines portions thereof, within such State. Such application Establishing Test Procedures for the Analysis of Pollut- shall: ants,'' or subsequent revisions or amendments thereto, (3162) (i) Identify and describe exactly and in detail the lo- shall be employed. cation of the drinking water supply intake(s) and the community served by the intake(s), including average TITLE 46–SHIPPING and maximum expected amounts of inflow; (3163) (ii) Specify and describe exactly and in detail, the Part 15–Manning Requirements (in part) waters, or portions thereof, for which a complete pro- hibition is desired, and where appropriate, average, Subpart I–Vessels in Foreign Trade maximum and low flows in million gallons per day (MGD) or the metric equivalent; §15.1001 General. (3164) (iii) Include a map, either a USGS topographic (3172) Self-propelled vessels engaged in foreign com- quadrant map or a NOAA nautical chart, as applicable, clearly marking by latitude and longitude the waters or merce are required to use a pilot holding an appropri- portions thereof to be designated a drinking water in- ately endorsed Federal first class pilot’s license issued take zone; and by the Coast Guard when operating in the navigable (3165) (iv) Include a statement of basis justifying the size waters of the United States specified in this subpart. of the requested drinking water intake zone, for exam- ple, identifying areas of intensive boating activities. §15.1030 New York and New Jersey. (3166) (2) If the Administrator finds that a complete pro- (3173) The following U.S. navigable waters located within hibition is appropriate under this paragraph, he or she shall publish notice of such finding together with a no- the States of New York and New Jersey when the vessel tice of proposed rulemaking, and then shall proceed in is making an intra-port transit, to include, but not lim- accordance with 5 U.S.C. 553. If the Administrator's ited to, a movement from a dock to a dock, from a dock finding is that a complete prohibition covering a more to an anchorage, from an anchorage to a dock, or from restricted or more expanded area than that applied for an anchorage to an anchorage, within the following by the State is appropriate, he or she shall also include listed operating areas: a statement of the reasons why the finding differs in (3174) (a) East River from Execution Rocks to New York scope from that requested in the State's application. Harbor, Upper Bay; (3167) (3) If the Administrator finds that a complete pro- (3175) (b) Hudson River from Yonkers, New York to New hibition is inappropriate under this paragraph, he or York Harbor, Upper Bay; she shall deny the application and state the reasons for (3176) (c) Raritan River from Grossman Dock/Arsenal to such denial. New York Harbor, Lower Bay; (3168) (4) For the following waters the discharge from a (3177) (d) Arthur Kill Channel; vessel of any sewage, whether treated or not, is (3178) (e) Kill Van Kull Channel; completely prohibited pursuant to CWA section (3179) (f) Newark Bay; 312(f)(4)(B): (3180) (g) Passaic River from Point No Point to Newark (3169) (i) Two portions of the Hudson River in New York Bay; State, the first is bounded by an east-west line through (3181) (h) Hackensack River from the turning basin to the most northern confluence of the Mohawk River Newark Bay; and which will be designated by the Troy-Waterford Bridge (3182) (i) New York Harbor, Upper and Lower Bay. (126th Street Bridge) on the south and Lock 2 on the (3183) Note to §15.1030: north, and the second of which is bounded on the north (3184) “Intra-port transit” as used in this section includes by the southern end of Houghtaling Island and on the the movement of a foreign-trade vessel inbound from south by a line between the Village of Roseton on the sea from the point where a State-licensed pilot ceases western shore and Low Point on the eastern shore in providing pilotage to another point within the identi- the vicinity of Chelsea, as described in Items 2 and 3 of fied areas (i.e., a dock or anchorage). Likewise, 6 NYCRR Part 858.4. intra-port transit also includes the movement of a for- (3170) (ii) [Reserved] eign-trade vessel outbound to sea from a point within the identified areas (i.e., a dock or anchorage) to the §140.5 Analytical procedures. point where a State licensed pilot begins providing (3171) In determining the composition and quality of ef- pilotage. fluent discharge from marine sanitation devices, the
Navigation Regulations I Chapter 2 I 167 §15.1040 Massachusetts. Secretaries of the Interior and Commerce, see 50 CFR (3185) The following U.S. navigable waters located within Chapter IV. Marine mammals listed as endangered or threatened and subject to these regulations may also be the State of Massachusetts when the vessel is in transit, subject to additional requirements pursuant to the Ma- but not bound to or departing from a port within the rine Mammal Protection Act (for regulations imple- following listed operating areas: menting that act, see 50 CFR part 216). (3186) (a) Cape Cod Bay south of 41°48'54\"N.; (3193) (c) No statute or regulation of any state shall be (3187) (b) The Cape Cod Canal; and construed to relieve a person from the restrictions, (3188) (c) Buzzards Bay east of a line extending from the conditions, and requirements contained in parts 222, southernmost point of Wilbur Point 223, and 224 of this chapter. In addition, nothing in (3189) (41°34'55\"N., 70°51'15\"W.) to the easternmost parts 222, 223, and 224 of this chapter, including any point of Pasque Island permit issued pursuant thereto, shall be construed to (3190) (41°26'55\"N., 70°50'30\"W.). relieve a person from any other requirements imposed by a statute or regulation of any state or of the United TITLE 50–WILDLIFE AND FISHERIES States, including any applicable health, quarantine, ag- ricultural, or customs laws or regulations, or any other Part 222–General Endangered and Threatened National Marine Fisheries Service enforced statutes or Marine Species regulations. Subpart A–Introduction and General Part 224–Endangered Marine and Provisions Anadromous Species §222.101 Purpose and scope of regulations. §224.103 Special prohibitions for endangered (3191) (a) The regulations of parts 222, 223, and 224 of marine mammals. (3194) (c) Approaching right whales. this chapter implement the Endangered Species Act (3195) (1) Prohibitions. Except as provided under para- (Act), and govern the taking, possession, transporta- graph (c)(3) of this section, it is unlawful for any person tion, sale, purchase, barter, exportation, importation subject to the jurisdiction of the United States to com- of, and other requirements pertaining to wildlife and mit, attempt to commit, to solicit another to commit, plants under the jurisdiction of the Secretary of Com- or cause to be committed any of the following acts: merce and determined to be threatened or endangered (3196) (i) Approach (including by interception) within 500 pursuant to section 4(a) of the Act. These regulations yards (460 m) of a right whale by vessel, aircraft, or any are implemented by the National Marine Fisheries Ser- other means; vice, National Oceanic and Atmospheric Administra- (3197) (ii) Fail to undertake required right whale avoidance tion, U.S. Department of Commerce, This part pertains measures specified under paragraph (c)(2) of this section. to general provisions and definitions. Specifically, parts (3198) (2) Right whale avoidance measures. Except as 223 and 224 pertain to provisions to threatened species provided under paragraph (c)(3) of this section, the fol- and endangered species, respectively. Part 226 enumer- lowing avoidance measures must be taken if within 500 ates designated critical habitat for endangered and yards (460 m) of a right whale: threatened species. Certain of the endangered and (3199) (i) If underway, a vessel must steer a course away threatened marine species enumerated in §§ 224.102 from the right whale and immediately leave the area at and 223.102 are included in Appendix I or II to the Con- slow safe speed. vention on International Trade of Endangered Species (3200) (ii) An aircraft must take a course away from the of Wild Fauna and Flora. The importation, exportation, right whale and immediately leave the area at a con- and re-exportation of such species are subject to addi- stant airspeed. tional regulations set forth at 50 CFR part 23, chapter I. (3201) (3) Exceptions. The following exceptions apply to (3192) (b) For rules and procedures relating to species de- this section, but any person who claims the applicabil- termined to be threatened or endangered under the ju- ity of an exception has the burden of proving that the risdiction of the Secretary of the Interior, see 50 CFR exception applies: parts 10 through 17. For rules and procedures relating (3202) (i) Paragraphs (c)(1) and (c)(2) of this section do to the general implementation of the Act jointly by the not apply if a right whale approach is authorized by the Departments of the Interior and Commerce and for National Marine Fisheries Service through a permit certain species under the joint jurisdiction of both the
168 I Chapter 2 I Coast Pilot 2 issued under part 222, subpart C, of this chapter (General that are not provided in this section may be obtained Permit Procedures) or through a similar authorization. upon request to the Office of Protected Resources (see (3203) (ii) Paragraphs (c)(1) and (c)(2) of this section do §222.102, definition of “Office of Protected Resources”). not apply where compliance would create an imminent and serious threat to a person, vessel, or aircraft. §226.203 Critical Habitat for Northern right whale (3204) (iii) Paragraphs (c)(1) and (c)(2)of this section do () not apply when approaching to investigate a right (3208) Critical habitat is designated in the North Atlantic whale entanglement or injury, or to assist in the disen- Ocean, Bering Sea, and the Gulf of Alaska for the north- tanglement or rescue of a right whale, provided that ern right whale as described in paragraphs (a) and (b) permission is received from the National Marine Fish- (not in this text) of this section. The textual descrip- eries Service or designee prior to the approach. tions of critical habitat are the definitive source for de- (3205) (iv) Paragraphs (c)(1) and (c)(2) of this section do termining the critical habitat boundaries. General not apply to an aircraft unless the aircraft is conducting location maps are provided for critical habitat in the whale watch activities. North Pacific Ocean for general guidance purposes (3206) (v) Paragraph (c)(2) of this section does not apply only, and not as a definitive source for determining to the extent that a vessel is restricted in her ability to critical habitat boundaries. maneuver and, because of the restriction, cannot com- (3209) (a) North Atlantic Ocean. (1) Great South Channel. ply with paragraph (c)(2) of this section. The area bounded by (3210) 41°40'N., 69°45'W.; Part 226–Designated Critical Habitat (3211) 41°00'N., 69°05'W.; (3212) 41°38'N., 68°13'W.; and §226.101 Purpose and scope. (3213) 42°10'N., 68°31'W. (3207) The regulations contained in this part identify (3214) (2) Cape Cod Bay, Massachusetts. The area bounded by those habitats designated by the Secretary of Com- (3215) 42°04.8'N., 70°10'W.; merce as critical under section 4 of the Act, for endan- (3216) 42°12'N., 70°15'W.; gered and threatened species under the jurisdiction of (3217) 42°12'N., 70°30'W.; the Secretary of Commerce. Those species are enumer- (3218) 41°46.8'N., 70°30'W. and on the south and east by ated at §223.102 of this chapter, if threatened and at the interior shore line of Cape Cod, Massachusetts. Sec. 224.101 of this chapter, if endangered. For regula- (3219) (3) Southeastern United States. The Coastal waters tions pertaining to the designation of critical habitat, between 31°15'N., and 30°15'N. from the coast out 15 see part 424 of this title, and for regulations pertaining nautical miles; and the coastal waters between to prohibitions against the adverse modification or de- 30°15'N. and 28°00'N. from the coast out 5 nautical struction of critical habitat, see part 402 of this title. miles. Maps and charts identifying designated critical habitat
Cape Cod To Sandy Hook I Chapter 3 I 169 Cape Cod To Sandy Hook (1) The Atlantic coast from Cape Cod to Sandy Hook (8) Among the islands in Narragansett Bay are Rhode embraces part of the coast of Massachusetts and all of (Aquidneck) Island, Conanicut, and Prudence. These the coasts of Rhode Island, Connecticut, and New York. rather large islands are gently sloping, undulating, and To the mariner this area presents problems of unusual covered with cultivated fields and orchards, and occa- difficulty because of the off-lying shoals, strong and sional groves of trees. variable currents, large amounts of fog, and turbulence of wind and sea in the great storms that so frequently (9) Westerly from Point Judith to Napatree Point is a sweep it. Additionally, the mariner is faced with the continuous line of beaches behind which are many great volume of waterborne traffic that moves through saltponds. These ponds have been formed by the sea the area to and from the Port of New York. breaking through the outer sand barrier and then de- positing sand to close the opening. The shore near the Prominent features water is low, grassy, and nearly level, but gradually rises (2) The principal geographic features include Georges with a series of gentle curves to higher wooded lands some distance back. Bank, Nantucket and Vineyard Sounds, Buzzards Bay, Narragansett Bay, Long Island Sound and tributaries, (10) Block Island is another formation of the glacier. A and New York Harbor and tributaries including the prominent feature of the island is the entire absence of Hudson River. trees. The surface when viewed from eastward has a (3) Cape Cod, a long peninsula jutting eastward from grassy undulating appearance, and the hills in many the mainland of Massachusetts, may be likened to an places show steep sandy faces. Near the shoreline the arm bent upward at the elbow. It was originally formed land is low, but rapidly rises toward the center of the is- by the last great glacier and has been refashioned by the land to steep hills covered only with grass and dotted seas and wind. The outer end of The Cape, as it is called occasionally with houses. by eastern New Englanders, is a barren region of sand dunes with long yellow beaches, while much of the re- (11) The boundary line between Rhode Island and Con- mainder of the forearm is bleak grassy country. The necticut follows the Pawcatuck River to above the head southern side of the delta-like plain of Cape Cod has of navigation. been cut along high bluffs by the surf and waves. This section of the coast is covered with growth of pitch pine (12) The coastline of Connecticut is rockbound and and scrub oak. rugged, with numerous sandy beaches and occasional (4) Nantucket, Martha’s Vineyard, the Elizabeth Is- salt meadows or marshland. The surface is mildly roll- lands, and numerous smaller islands were also formed ing near the shore. The depression of small valleys by the glacier. The plains of Martha’s Vineyard and along the shore has created a number of good harbors. Nantucket are broad grassy heaths. The Elizabeth Is- The shoreline has been well developed commercially lands are hilly and partly wooded, and generally the and residentially. It is lined with seaside resorts, State shores are low bluffs. parks, and bathing beaches. (5) The western shore of Buzzards Bay is of moderate height, very gently sloping, cleared, and cultivated with (13) The boundary line between Connecticut and New occasional groves of trees. Several towns and the city of York follows the Byram River for slightly over 1 mile. New Bedford are visible along the shores. (6) Between Buzzards and Narragansett Bays the coast (14) Long Island, originally formed by the glacier and is a mass of sand dunes with steep faces forming a line thrusting about 105 miles eastward from New York Bay along the shore. Several headlands along this stretch of to a point abreast of New London, faces the New Eng- coast have fine sand beaches between them. land coast across Long Island Sound on the north. The (7) The boundary line between Massachusetts and long, narrow outline of the island resembles that of a Rhode Island strikes the coast just westward of Quick- whale. Its eastern end is split by Peconic Bay and the sand Point. 35- and 25-mile peninsulas thus formed are the north and south flukes. The island is almost a plain. On the north coast, bluffs rise to a height of 200 feet. South of these, extending well into the island’s midsection, run several chains of hills. The south shore is a barrier beach from about 30 miles west of the eastern
170 I Chapter 3 I Coast Pilot 2 extremity to the western end, which has been devel- offshore from the entrances. The entrances to the in- oped into a series of bathing resorts. lets along the south shore of Long Island are subject to frequent change due to the shifting sand bars. Disposal Sites and Dumping Grounds (15) These areas are rarely mentioned in the Coast Pi- (24) Traffic Separation Schemes (Traffic Lanes) have been established in the approaches to Buzzards Bay, lot, but are shown on the nautical charts. (See Disposal Narragansett Bay, and New York Harbor. (See chapters Sites and Dumping Grounds, chapter 1, and charts for 5, 6, and 11, respectively, for details.) limits.) (25) Vessel Traffic Service, New York, operated by the Aids to navigation U.S. Coast Guard, serves New York Harbor. (See 161.1 (16) Lights and buoys are the principal guides that through 161.25, chapter 2, for regulations.) mark the approaches to the important harbors. Many of Channels the light stations have fog signals, particularly those in (26) Federal project depth is the dredging depth of a the vicinity of the larger ports. (17) (See the Light List for a complete description of channel as authorized by an Act of Congress upon rec- navigational aids.) ommendation of the Chief of Engineers, U.S. Army. Controlling depth in a channel is its least depth; it re- Loran stricts use of the channel to drafts less than that depth. (18) Loran C provides the mariner with good navigation (27) Where deepwater channels are maintained by the Corps of Engineers and the controlling depths are coverage along this section of the coast. printed on the charts in tabular form, the Coast Pilot usually gives only the project depths. Owing to con- (19) Radar is an important aid in most of this area, but stant shoaling in places, depths may vary considerably should not be relied upon for ranges to the beach in ar- between maintenance dredgings; consult the Notice to eas such as the south coast of Long Island which offer a Mariners for channel depths subsequent to charted in- relatively low relief. Many of the coastal buoys are formation. equipped with radar reflectors. Radar is of particular (28) Where secondary channels are maintained regu- importance in detecting other traffic and in the preven- larly by the Corps of Engineers, the Coast Pilot gives tion of collisions during periods of low visibility, which the controlling depths together with the dates of the are common in this area. latest surveys. (29) In the case of other channels, the controlling COLREGS Demarcation Lines depths printed in the Coast Pilot are from the latest (20) Lines have been established to delineate those wa- available reports which may, however, be several years old. ters upon which mariners must comply with the Inland Navigational Rules Act of 1980 (Inland Rules). The wa- Anchorages ters inside of the lines are Inland Rules Waters, and the (30) There are numerous anchorages in Nantucket and waters outside of the lines are COLREGS Waters. (See Part 80, chapter 2, for specific lines of demarcation.) Vineyard Sounds, Buzzards, Narragansett, and Gardiners Bays, and Long Island Sound, where vessels Ports and Waterways Safety with good ground tackle can ride out any gale. Between (21) (See Part 160, chapter 2, for regulations governing Cape Cod and Sandy Hook, the more important har- bors, either commercially or as harbors of refuge, are vessel operations and requirements for notification of New Bedford, Newport, Providence, New London, New arrivals, hazardous conditions, and certain dangerous Haven, and Bridgeport on the mainland, Greenport and cargoes to the Captain of the Port.) Port Jefferson on Long Island, City Island, New York, and vast New York Harbor. (See Part 110, chapter 2, for (22) Regulated Navigation Areas have been established limits and regulations.) within the navigable waters of the First Coast Guard District to increase operational safety for towing ves- Marine Managed Areas sels and tank barges. (See 165.100, chapter 2, for (31) The chapters that follow may contain references to limits and regulations.) Federally-designated Marine Managed Areas (MMAs) Harbor entrances occurring in navigable coastal waters of the NE Atlan- (23) The entrances to most of the harbors have dredged tic coast. A summary of these MMAs can be found in Ap- pendix C. The critical environmental information is channels marked with navigational aids and are easy of access. In some cases jetties and breakwaters extend
Cape Cod To Sandy Hook I Chapter 3 I 171 intended to inform readers about the location, purpose, grounds off Florida and Georgia. Right whales may oc- and legal restrictions of coastal MMAs, with an empha- cur south of Cape Cod within 25 miles off the Atlantic sis on activities of interest to the maritime community. coast to their southern calving grounds off the South (Extensive MMAs are listed here. Regional MMAs are Carolina, Georgia, and Florida coasts from February included in subsequent chapters of this Coast Pilot.) through April (northern migration) and from (32) Northern Inshore Lobster Waters includes the September through December (southern migration). State waters of RI, MA, NH, and ME. (See MMA 3-1, Ap- Because right whales mate, rest, feed, and nurse their pendix C, for additional information.) young at the surface, and often do not move out of the (33) Northern Nearshore Lobster Waters includes the way of oncoming ships, they are highly vulnerable to Federal waters of RI, MA, NH, and ME. (See MMA 3-2, being struck by ships. Calves returning north with Appendix C, for addition information.) their mothers appear to be particularly susceptible to (34) Offshore Lobster Waters, about 60 miles offshore collision with ships. Ship strikes are one of the known to the Exclusive Economic Zone (EEZ) edge, extend sources of human-related mortality. from the U.S. Canadian border to Cape Hatteras, NC. (39) Seasonal occurrence of North Atlantic right (See MMA 3-3, Appendix C, for additional informa- whales: In seasons and in areas that right whales may tion.) occur, vessel operators should maintain a sharp look- (35) Southern Nearshore Lobster Waters and Mid-At- out for right whales. Right whales occur seasonally lantic Coastal Waters Area includes the State and Fed- throughout their range from Canada to Florida. Peak eral waters along the continental shelf from Long seasons of right whale occurrence include the follow- Island to Cape Hatteras, NC. (See MMAs 3-5 and 3-6, ing areas and times: Cape Cod Bay (January through Appendix C, for additional information.) April), the Great South Channel (March through July), the northern edge of Georges Bank (June through Dangers July), Stellwagen Bank (July through September), (36) The most important dangers confronting the navi- Jeffreys Ledge (July through December), the Bay of Fundy (Grand Manan Basin) (June through Decem- gator when approaching the area are the great banks ber), Platts Bank (April through June), Cashes Ledge and shoals in the eastern approach. The remainder of and Fippenies Ledge (June through December), the the isolated dangers throughout the area and in the ap- southern coast of Nantucket Island (January through proaches to the harbors are for the most part well March and September through October), Block Island marked and charted. and Rhode Island Sounds, including the area in or proximal to the Narragansett/Buzzards Bay Traffic Sep- Pipelaying barges aration Scheme and 30 nautical miles south of Block (37) With the increased number of pipeline laying oper- Island Sound (March through April and September through October), the southern side of Long Island ations, operators of all types of vessels should be aware (February through April and September through Octo- of the dangers of passing close aboard, close ahead, or ber), and the Traffic Approach Lanes to the Ports of New close astern of a jetbarge or pipelaying barge. York and New Jersey (February through April and Sep- Pipelaying barges and jetbarges usually move at 0.5 tember through October). Two areas are federally knot or less and have anchors which extend out about 3,500 to 5,000 feet in all directions and which may be marked by lighted anchor buoys. The exposed pipeline behind the pipelaying barge and the area in the vicinity of anchors are hazardous to navigation and should be avoided. The pipeline and anchor cables also represent a submerged hazard to navigation. It is suggested, if safe navigation permits, for all types of vessels to pass well ahead of the pipelaying barge or well astern of the jetbarge. The pipelaying barge, jetbarge, and attending vessels may be contacted on VHF-FM channel 16 (156.80 MHz) for passage instructions. North Atlantic Right Whales ©Center for Coastal Studies (38) North Atlantic right whales are the world’s most The right whales’ unique paddle-shaped flippers endangered large whale. Right whales migrate annu- ally along the east coast between the northern feeding grounds off New England and the southern calving
172 I Chapter 3 I Coast Pilot 2 ©Center for Coastal Studies When transiting right whale critical habitat and areas of recently reported right whale sightings: Note the right whales’ deeply notched tail fluke (43) As soon as possible prior to entering right whale critical habitat, check Coast Guard Broadcast Notice to designated critical habitats for right whales. Mariners, NAVTEX, NOAA Weather Radio, Cape Cod Stellwagen Bank and Jeffreys Ledge are located in the Canal Vessel Traffic Control, the Bay of Fundy Vessel federally designated Gerry E. Studds Stellwagen Bank Traffic Control, Mandatory Ship Reporting System, and National Marine Sanctuary. The Grand Manan Basin is other sources for recent right whale sighting reports. a Canadian whale conservation area. Seasonal right Request sighting information and safe vessel operating whale advisories and sighting reports are broadcast pe- procedures when making initial radio contact with lo- riodically for these areas by Coast Guard Broadcast No- cal harbor pilots. tice to Mariners, NAVTEX, NOAA Weather Radio, Cape (44) To the extent possible, review right whale identifi- Cod Canal Vessel Traffic Control, the Bay of Fundy Ves- cation materials and maintain a sharp watch with look- sel Traffic Control, and are included in the return mes- outs familiar with spotting whales. sage from the Right Whale Mandatory Ship Reporting (45) When planning passage through a right whale crit- (MSR) System. ical habitat or within 20 nautical miles of a recently re- (40) Description of North Atlantic right whale: The ported sighting location, the following precautions are species reaches lengths of 45 to 55 feet and is black in recommended: color. The best field identification marks are a broad (46) Reduce speeds below 12 knots when consistent back with no dorsal fin, irregular bumpy white patches with safety of navigation. (callosities) on the head, and a distinctive two-column (47) Attempt to avoid night-time transits. V-shaped blow when viewed from directly behind or in (48) Minimize travel distances through the area when- front of the whale. They have broad, paddle-shaped flip- ever possible. pers and a broad, deeply notched tail; see diagrams fol- (49) Anticipate delays due to whale sightings. lowing. (50) Post a lookout familiar with spotting whales. (41) Sighting Advisory System: As weather and condi- (51) When the ability to spot whales is reduced (e.g. tions permit, a dedicated seasonal program (January night, fog, rain, etc.), mariners should bear in mind through the end of July) of overflights and vessel sur- that reduced speeds of below 12 knots, when consistent veys (principally in Cape Cod Bay, the Gulf of Maine, with safety of navigation, will minimize the risk of ship the Great South Channel, and Rhode Island, Block Is- strikes. Two of the best documented ship strikes in- land, and Long Island Sounds) provide whale sighting volve a juvenile right whale struck and killed by a vessel information to the Coast Guard, NOAA Weather Radio, proceeding at 15 knots and an unidentified whale, pos- Mandatory Ship Reporting System, and others for sibly a humpback whale, struck but not re-sighted by broadcast purposes. Many right whales however, go un- the vessel, also moving at 15 knots. detected. (42) Precautions: NOAA recommends the following In all coastal and offshore waters along the east precautionary measures be taken to avoid North Atlan- coast: tic right whales. (52) If a right whale sighting is reported within 20 nau- tical miles of a ship’s position, post a lookout familiar with spotting whales. (53) If a right whale is sighted from the ship, or reported within 20 nautical miles of the intended track of a large vessel, mariners should exercise caution and proceed at speeds below 12 knots, when consistent with safety of navigation, bearing in mind that reduced speed will minimize the risk of ship strikes. (54) Do not assume right whales will move out of your way. Right whales, generally slow moving, seldom travel faster than 5-6 knots. Consistent with safe navi- gation, maneuver around observed right whales or re- cently reported sighting locations. It is illegal to approach closer than 500 yards of any right whale (See 50 CFR 224.103, Chapter 2).
Cape Cod To Sandy Hook I Chapter 3 I 173
174 I Chapter 3 I Coast Pilot 2 (55) Any whale accidentally struck, any dead whale car- (74) 42°04'N., 70°10'W.; and then along the Massachu- cass, and any whale observed entangled should be re- setts shoreline of Cape Cod Bay and Massachusetts Bay ported immediately to the Coast Guard noting the back to the point on Cape Ann at 42°39'N., 70°37'W. precise location and time of the accident or sighting. In the event of a strike or sighting, the following informa- Southeastern reporting system tion should be provided to the Coast Guard: (75) Geographical boundaries of the southeastern area (56) location and time of the accident or sighting, include coastal waters within about 25 nautical miles (57) speed of the vessel, (45 kilometers) along a 90-nautical mile (170-kilome- (58) size of the vessel, ter) stretch of the Atlantic seaboard in Florida and (59) water depth, Georgia. The area coordinates (NAD 83) extends from (60) wind speed and direction, the shoreline east to longitude 80°51.6'W. with the (61) description of the impact, southern and northern boundaries at latitude 30°00'N. (62) fate of the animal, and and 31°27'N., respectively. (63) species and size, if known. (64) Right whales can occur anywhere along the east Reports (76) Vessels shall make reports in accordance with the coast. Therefore, mariners are urged to exercise pru- dent seamanship in their efforts to avoid right whales. format in IMO Resolution A.858 (20) in accordance with the International Convention for the Safety of Life Mandatory Ship Reporting Systems at Sea 1974 (SOLAS 74). (See 33 CFR 169.135 and (65) (WHALESNORTH and WHALESSOUTH), have 169.140, chapter 2, for additional information.) Vessels should report via INMARSAT C or via alternate satellite been established within the area of this Coast Pilot. communications to one of the following addresses: These Mandatory Ship Reporting (MSR) systems re- (77) Email: [email protected] or quire all vessels, 300 gross tons or greater, to report to (78) Telex: 236737831 the U.S. Coast Guard prior to entering two designated (79) Vessels not equipped with INMARSAT C or Telex reporting areas off the east coast of the United States. should submit reports to the U.S. Coast Guard’s Com- (See 33 CFR 169, chapter 2, page for limits and regu- munication Area Master Station Atlantic (CAMSLANT) lations.) Sovereign immune vessels are exempt from via narrow band direct printing (SITOR) or HF voice. the requirement to report, but are encouraged to par- Vessels equipped only with VHF-FM voice communica- ticipate. tions should submit reports to the nearest U.S. Coast (66) The two reporting systems will operate independ- Guard activity or group. ently of each other. The system in the northeastern (80) Mariners should check all MSR messages carefully United States will operate year round and the system in before transmitting. Failure to receive a timely return the southeastern United States will operate each year message from the MSR system that provides locations from November 15 through April 15. Reporting ships of recent right whale sightings and precautionary guid- are only required to make reports when entering a re- ance should be reported to the local Marine Safety Of- porting area during a single voyage (that is, a voyage in fice of the U.S. Coast Guard. which a ship is in the area). Ships are not required to (81) Example Reports: report when leaving a port in the reporting area nor (82) WHALESNORTH-To: [email protected] when exiting the system. (83) WHALESNORTH// (84) M/487654321// Northeastern reporting system (85) A/CALYPSO/NRUS// (67) Geographical boundaries of the northeastern area (86) B/031401Z APR// (87) E/345// include the waters of Cape Cod Bay, Massachusetts Bay, (88) F/15.5// and the Great South Channel east and southeast of (89) H/031410Z APR/4104N/06918W// Massachusetts. The coordinates (NAD 83) of the area (90) I/BOSTON/032345Z APR// are as follows: from a point on Cape Ann, Massachusetts at (91) L/WP/4104N/06918W/15.5.// (68) 42°39'N., 70°37'W.; then northeast to (92) L/WP/4210N/06952W/15.5// (69) 42°45'N., 70°13'W.; then southeast to (93) L/WP/4230N/07006W/15.5// (70) 42°10'N., 68°31'W.; then south to (94) WHALESSOUTH-To: [email protected] (71) 41°00'N., 68°31'W.; then west to (95) WHALESSOUTH// (72) 41°00'N., 69°17'W.; then northwest to (96) M/412345678// (73) 42°05'N., 70°02'W.; then west to (97) A/BEAGLE/NVES//
Cape Cod To Sandy Hook I Chapter 3 I 175 (98) B/270810Z MAR// navigation, particularly in heavy weather, may be (99) E/250// found. These shoal spots generally have steep sides, and (100) F/17.0// very little or no indication of their existence is given by (101) H/270810Z MAR/3030N/08052W// soundings. Tide rips and swirls, as well as overfalls, are (102) I/MAYPORT/271215Z MAR// common in the vicinity of these spots, but are not al- (103) L/RL/17.0//. ways visible. They show best with a smooth sea and with the current flowing in certain directions. These Charts 13204, 13200 disturbances are not usually over the shoalest depths, but are commonly alongside them. Small, detached (104) Georges Bank is an extensive bank with depths of overfalls may be seen in 20 fathoms of water. The tidal less than 50 fathoms, extending for over 150 miles currents are rotary with no period of slack water. The northeastward from the offshore end of Nantucket velocity at strength is about 2 knots, and the velocity of Shoals. the minimum current which occurs about midway be- tween the times of strength is about 1 knot. The hourly (105) In heavy weather the danger area may be consid- velocities and directions of the tidal current are shown ered to be the oval-shaped top of the bank which is by means of current roses on National Ocean Service about 80 miles long in a northeast and southwest direc- charts. tion and which has a maximum width of about 50 (112) A navigator must bear in mind while in an area of miles. The bottom within this area is extremely broken this character that it is impossible for the surveyor, and irregular, with a great number of ridges and shoal without a vast expenditure of time, to determine and spots having depths of less than 10 fathoms. Between locate all of the shoalest spots on the many dangerous these shoals are channels of varying widths in which shoals found. Sudden shoaling on such a bank must be depths of about 20 fathoms may be found. All of this considered an indication of possibly dangerous water. area lies within the 30-fathom curve and so much of it This bank has not been wire dragged. has depths of less than 20 fathoms that it may practi- (113) Nantucket Shoals is the general name of the nu- cally all be considered to lie within a generalized merous different broken shoals which lie southeast- 20-fathom curve. ward of Nantucket Island and make this one of the most dangerous parts of the coast of the United States for the (106) On the southeast side of the bank, outside the navigator. These shoals extend 23 miles eastward and 20-fathom curve, the water deepens gradually and with 40 miles southeastward from Nantucket Island. They such regularity that soundings would be of consider- are shifting in nature, and the depths vary from 3 to 4 able value in approaching the bank. On the northwest feet on some to 4 and 5 fathoms on others, while slues side the water deepens more rapidly. with depths of 10 fathoms or more lead between those farthest offshore. The easterly edge of the shoals has (107) The bottom is generally of sand, sometimes with depths of 3 and 4 fathoms in places. shell, and in places pebbles. Bottom samples as ob- tained during surveys are shown in a great many places Area to be avoided on the charts. (114) Because of the great danger of stranding and for (108) The two principal dangers on Georges Bank are reasons of environmental protection, the International Georges Shoal and Cultivator Shoal, which are near the Maritime Organization (IMO) has established an area center of the danger area. Around these shoals the sea to be avoided in the area of Nantucket Shoals. All ves- breaks in depths of 10 fathoms during heavy weather, sels carrying cargoes of oil or hazardous materials and and the locality should be avoided by deep-draft vessels. all other vessels of more than 1,000 gross tons should avoid the area bounded by the following points: (109) Georges Shoal is a ridge about 13 miles long on (115) 41°16.5'N., 70°12.5'W.; which are several shallow depths of 1½ to 3 fathoms. (116) 40°43.2'N., 70°00.5'W.; (117) 40°44.5'N., 69°19.0'W.; (110) Cultivator Shoal, about 20 miles westward of Geor- (118) 41°04.5'N., 69°19.0'W.; ges Shoal, is a ridge nearly 15 miles long, on which (119) 41°23.5'N., 69°31.5'W.; and depths of 3 to 10 fathoms are found. The 3-fathom spot (120) 41°23.4'N., 70°02.8'W. is near the north end of the shoal. In December 1980, a (121) The currents in the area are strong and erratic, submerged obstruction was reported about 8.7 miles reaching a velocity of 3 to 5 knots around the edges of northwest of the 3-fathom spot in about 41°43'N., the shoals. They are made erratic by the obstruction of 68°23'W.; vessels engaged in bottom operations are ad- the shoals, in some cases being deflected to such an vised to exercise caution in the area. (111) The entire area within the 20-fathom curve has an extremely broken bottom. There are numerous ridges and shoal spots on which depths dangerous to
176 I Chapter 3 I Coast Pilot 2 extent as to cause the direction to change 180° from 3-8, 3-10 and 3-13, Appendix C, for additional infor- one side of the shoal to the other. mation.) Nantucket Lightship Closed Areas include (122) The tidal current over the shoals is rotary, turning waters S and E of Nantucket Island extending to the clockwise. Observations in the area indicate an average west edge of Georges Bank. (See MMAs 3-11 and 3-12, velocity at strength of about 2.5 knots, but this proba- Appendix C, for additional information.) bly varies appreciably from place to place. Similarly the direction of the current at strength probably depends (131) Nantucket Shoals Lighted Whistle Buoy N on the orientation of channels between shoal areas. (40°30'09\"N., 69°14'48\"W.) is about 57 miles (123) Since the current is rotary, there is no true slack. south-southeastward of Nantucket Island. The buoy is Observations in the area show an average minimum of equipped with a fog signal and a racon. about 0.5 knot. (124) The tidal current near Nantucket Shoals Lighted (132) This buoy is located inside the traffic separation Whistle Buoy N is rotary, turning clockwise. The aver- zone of the traffic separation lanes of “Eastern Ap- age velocity at strength is 0.8 knot; the average mini- proach Off Ambrose” to the “Traffic Separation Scheme mum is 0.6 knot. Off New York”. (See charts 12300 and 13006.) (125) Hourly average velocities and directions for Davis Bank and the area near Nantucket Shoals Lighted (133) Nantucket Shoals is made up of the following parts: Whistle Buoy N, referred to predicted times of maxi- (134) Phelps Bank, the southeasternmost part of the mum flood at Pollock Rip Channel, are furnished in the Tidal Current Tables. However the tidal currents are Nantucket Shoals, is about 6.5 miles long and 2.5 miles appreciably influenced by winds. wide. A lighted whistle buoy, marking the entrance to (126) Nantucket Shoals should be entirely avoided by the Boston Harbor Traffic Separation Scheme, is about deep-draft vessels when possible and by light-draft ves- 12 miles eastward of Phelps Bank. sels without local knowledge, on account of the treach- (135) Asia Rip, the shoalest point of the bank with 5¾ erous currents. There are, however, channels through fathoms, is at the southern end. The wreck of the SS these various shoals which can be negotiated with local OREGON, covered 3¼ fathoms, is at 40°45'N., 69°19'W., knowledge and caution. In calm weather at slack water 3 miles south-southeastward of Asia Rip. these shoals are sometimes difficult to see, and a vessel (136) Middle Rip, with a least-found depth of 4 fathoms is liable to be taken into shoaler water than was in- and lying north-northwest of Phelps Bank, is about tended. 13.5 miles long and 4.5 miles wide. This shoal consists (127) Calm, clear days are few; when the sea is calm it is of two large parts with depths of 4 fathoms on the east usually foggy, and when clear, it is usually rough. Also and 6 fathoms on the west, separated by a channel with to be expected is a considerable amount of hazy a depth of 7 fathoms and four outlying shoals of 8 to 10 weather, which limits visibility. fathoms. (128) Should it become necessary to anchor in this area, (137) Fishing Rip, bow-shaped, with depths of 3 to 10 open sea anchorage may be had anywhere that depths fathoms, is about 26 miles long north and south and 6.5 permit. Due consideration should be given to the close miles wide at its widest point. The north point is 20 proximity of shoals and possibility of dragging due to miles 073° and the south point is 27.5 miles 136°, re- the winds and currents. Generally it has been found spectively, from Sankaty Head Light. A large wreck best to avoid the deeper channels and, when rougher area, marked by a lighted gong buoy, is near the south- water is experienced, to anchor in the lee of a shoal, ern part of Fishing Rip. A wreck and a submerged ob- which would tend to knock down the heavier swells. A struction are also near the southern portion of the rip scope of five to one or greater should always be used. in about 41°00.0'N., 69°27.0'W. and 41°01.0'N., 69°29.7'W., respectively. North Atlantic Right Whales (138) The unmarked channel westward of Fishing Rip is (129) Endangered North Atlantic right whales may occur obstructed by three shoals in the northern section which have least-found depths of 7½, 4½, and 10 fath- along the northern edge of Georges Bank (peak season: oms. In the southern part of this channel are four June through July). (See North Atlantic Right Whales, shoals with depths of 8 to 10 fathoms. indexed as such, this chapter, for more information on (139) Davis Bank, the innermost of the outer Nantucket right whales and recommended measures to avoid col- Shoals, is bow-shaped and has depths of 2¾ to 10 fath- lisions with whales.) oms of water over it. The bank is about 30 miles long (130) Georges Bank Closure Areas, Marine Managed Ar- north and south and has a greatest width of 4 miles. eas, extend S and E of Cape Cod to the boundary with The wreck of the vessel PROGRESS is off the inner edge the Exclusive Economic Zone (EEZ). (See MMAs 3-7, of the bank about 13 miles north-northeastward of the southern end of the bank.
Cape Cod To Sandy Hook I Chapter 3 I 177 (140) The channel westward of Davis Bank is marked on Charts 13200, 13237 its west side by lighted and unlighted buoys. A radar beacon (Racon) is at the northernmost lighted buoy. (143) Great Rip, about 13 miles east-southeast of The use of this channel should be restricted to clear Sankaty Head, has depths of 1 to 2¾ fathoms. This weather due to the strong currents encountered shoal is about 7 miles long north and south and 1 to 2 throughout this area. miles wide. About 1.5 miles westward of Great Rip and separated from it by depths of 14 to 19 fathoms is an Chart 13200 unnamed and unmarked shoal of 1½ to 2½ fathoms. Breakers are usually observed on the shoal. (141) The inner Nantucket Shoals all lie within the 10-fathom curve. The area is very foul. Only a few of the (144) Rose and Crown is a boot-shaped shoal with its shoals are described. Davis South Shoal, about 20 southern end about 10.5 miles east of Sankaty Head. miles south-southeast of Sankaty Head, consists of two The shoal extends about 5 miles northward and then 3 spots of 2¾ and 2½ fathoms about 1.5 miles apart. miles westward. Depths of 1¼ and 1½ fathoms are found in the leg of the boot, a depth of ½ fathom and (142) Old South Shoal, consisting of two spots of 2½ marked by a lighted whistle buoy northeastward of it fathoms with a 2-fathom spot and foul ground between forms the heel, and a depth of 1¼ fathoms is found in them, is about 13.5 miles southeast of Sankaty Head. the toe. Northward of the toe of Rose and Crown is a This shoal is unmarked. shoal with foul ground and spots of 1½ and 2½ fath- oms. Rose and Crown breaks heavily.
178 I Chapter 3 I Coast Pilot 2 (145) Bass Rip, about 2.5 miles eastward of Sankaty and prudent to slow a vessel’s speed accordingly, when Head, is about 3.5 miles long north and south. A depth a reduction in speed will not hinder the safe operation of ½ fathom is 3 miles 115° from the light. The north- of the vessel. (See 50 CFR 226.101 and 226.203, ern end of the shoal has a depth of 2 fathoms. Old Man chapter 2, for habitat boundary and regulations.) Shoal extends 4.5 miles southwestward from a point (152) Restricted Lobster and Gillnet Marine Managed 1.5 miles off the southeastern end of Nantucket Island. Areas (MMAs) are in Great South Channel. (See MMAs Depths of 1¼ to 2¾ fathoms are found on this shoal. 3-14, 3-15, and 3-16, Appendix C, for additional infor- mation.) (146) McBlair Shoal, the northernmost of the Nantucket Shoals and marked on its northern side by lighted (153) Submarine canyons are indentations in the edge of buoys, forms part of the southern side of Great Round the Continental Shelf which is bounded on its seaward Shoal Channel. Depths on this shoal vary from 2¼ to side by the 100-fathom curve. They may be traced from 3½ fathoms. depths of 1,000 fathoms or more to the shoaler areas of the Continental Shelf. The navigator who has available (147) Great South Channel is the passage between the some means of echo sounding should have in mind the easternmost of the Nantucket Shoals and the western- various canyons found in this locality. The soundings most shoal spots of Georges Bank. The approximate in crossing them are very characteristic in each case, center of the channel extends from 40°36'N., 68°55'W. and such soundings may be used to determine the ves- to 41°38'N., 68°55'W. The channel is about 27 miles sel’s position with considerable accuracy. wide and has depths of 19 fathoms and greater throughout, with lesser depths along the eastern and (154) The names of some of the most important subma- western edges. The Great South Channel is a feeding rine canyons are shown on the charts. The longitude area for endangered North Atlantic right whales in following the name is approximate and only given to spring and summer (peak season: April through July). assist in locating the feature on the chart. Corsair Can- However, mariners should note that right whales may yon, 66°10'W., on the eastern side of Georges Bank, has occur in this area year-round. a northwesterly trend. On the southern side and toward the western end of Georges Bank, having a northerly North Atlantic Right Whales trend, are Lydonia Canyon, 67°40'W.; Gilbert Canyon, (148) Great South Channel lies within the federally des- 67°50'W.; Oceanographer Canyon, 68°05'W.; and Welker Canyon, 68°30'W. Southeastward and south- ignated critical habitat for North Atlantic right whales, ward of Nantucket Shoals, having a northerly trend, the most endangered large whale species in the world are Hydrographer Canyon, 69°00'W.; Veatch Canyon, (fewer than 350 animals). (See chart 13200). These 69°35'W.; and Atlantis Canyon, 70°15'W. Block Can- slow moving animals are vulnerable to collisions with yon, 71°20'W., is south-southeasterly of Block Island ships and this is the leading cause of documented mor- Sound and has a north-northwesterly trend. Hudson tality for North Atlantic right whales. In some years, Canyon, 72°20'W., extends northwestward to the mouth more than a third of the remaining population of North of the Hudson River. The inshore section of this canyon Atlantic right whales can be found in the Great South is called Mud Gorge. Channel at any one time. It is recommended that all large vessels (over 100 gross tons) avoid operating in Wrecks the critical habitat during the peak period of right (155) Many vessels have been wrecked along this coast as whale occurrence (April through July). When the area cannot be avoided, the following precautionary guide- a result of collision, foundering, and other causes. Most lines are recommended to reduce the risk of ship of the offshore wrecks have been located and wire strikes: dragged to determine the least depth over the highest (149) (a) Keep a watch for whales during daylight hours. projecting part. Dangerous wrecks for the most part (150) (b) Monitor NAVTEX transmissions for informa- are marked by buoys of various colors and shapes and tion on the location of right whales sighted in the vicin- often show a quick-flashing or an interrupted ity. Local ships’ pilots may also provide such quick-flashing light. information when it is available. (156) Many vessels have grounded in fog on the south (151) (c) If a right whale is reported within 20 nautical side of Long Island and on Block Island. Probably many miles of a vessel’s intended course, it is recommended of these wrecks could have been avoided if frequent that the vessel proceed with caution during the 24 hour soundings had been taken in approaching the coast. period following the time of the sighting. It is known Vessels equipped to do so should make good use of the that right whales can accelerate to a speed of approxi- electronic aids to navigation systems along the coast to mately 6 knots. When it is believed that a vessel will check their position frequently. pass in close proximity of whales, it may be reasonable
Cape Cod To Sandy Hook I Chapter 3 I 179 Lobster pots (164) In thick weather especially, the greatest caution is (157) The coastal waters contain numerous lobster pots. necessary, and vessels equipped to do so should make good and timely use of the electronic aids to navigation Small painted wooden buoys of various designs and col- systems to check their position frequently. The depth ors, secured by small lines, float on the surface; in some should never be shoaled to less than 15 fathoms with- cases a second buoy, usually an unpainted wooden stick out an accurate fix having been obtained, and it is ad- or bottle and difficult to see, is attached to the lobster visable to remain offshore in depths of 20 fathoms or pot. These buoys extend from shore out to, and in many more. cases across, the sailing routes. Small yachts and mo- tor boats are cautioned against fouling them, which is (165) The part of Georges Bank lying between latitude liable to result in a sprung shaft or lost propeller. 41°05'N., and 42°00'N., and longitude 67°17'W., and Fishtraps and fish havens are discussed in chapter 1. 68°35'W. should be avoided. In heavy weather the sea breaks on the spots with 10 fathoms or less, and strong (158) Fishweirs are numerous along the outside coast tide rips are encountered. The tide rips do not always and inside waters. The stakes often become broken off indicate shoal water. and form a hazard to navigation, especially at night. The areas within which fishweirs are permitted have (166) Vessels passing southward of the dangerous part of been established under Federal authority and are Georges Bank should keep in 30 fathoms or more. Ap- shown on charts of 1:80,000 scale and larger. The exact proaching this part of the bank from eastward or south- locations of the weirs within the designated areas are ward, the water shoals gradually. Approaching from the not shown. Strangers should proceed with caution westward, the depths are irregular and the water shoals when crossing areas of possible fishweirs, and should abruptly in places of 20 fathoms or less. On the north avoid crossing such areas at night. side of Georges Bank between longitudes 66°00'W., and 68°00'W., the 100-fathom and 50-fathom curves are (159) Danger zones have been established within the only a few miles apart, and when approaching the dan- area of this Coast Pilot. (See Part 334, chapter 2, for gerous part of the bank from northward 50 fathoms limits and regulations.) may be taken as a good depth to avoid the shoals. Drawbridges (167) Vessels equipped with echo sounding devices and (160) The general regulations that apply to all draw- following the 100-fathom curve along the south side of Georges Bank can frequently verify their position when bridges are given in 117.1 through 117.49, chapter 2, crossing the several submarine gorges or canyons. and the specific regulations that apply only to certain drawbridges are given in Part 117, Subpart B, chapter (168) Approaching New York from the vicinity of 2. Where these regulations apply, references to them Nantucket Shoals Lighted Whistle Buoy N, a slight al- are made in the Coast Pilot under the name of the lowance should be made for a southwesterly set of the bridge or the waterway over which the bridge crosses. current. Should the wind be easterly, it is customary to (161) The drawbridge opening signals (see 117.15, chap- allow, in order to make a course good, a set of the cur- ter 2) have been standardized for most drawbridges rent with it of at least 0.5 knot. within the United States. The opening signals for those few bridges that are nonstandard are given in the spe- (169) The North Atlantic Lane Routes are described in cific drawbridge regulations. The specific regulations NV PUB. 106, Atlas of Pilot Charts, North Atlantic also address matters such as restricted operating hours Ocean (including the Gulf of Mexico), published by and required advance notice for openings. the National Geospatial-Intelligence Agency, Washing- (162) The mariner should be acquainted with the general ton, D.C. and specific regulations for drawbridges over water- ways to be transited. (170) Deep-draft vessels coming from Cape Hatteras, Chesapeake Bay, Delaware Bay, or New York usually Routes make Nantucket Shoals Lighted Whistle Buoy N, (163) Approaching this section of the coast is dangerous thence through Great South Channel to Cape Cod or the Gulf of Maine. for all vessels because of the off-lying banks and shoals, the strong and variable currents, frequency of fog, and (171) Vessels of medium draft coming from the south- the broken nature of the bottom. Soundings alone are ward, or southbound from Boston or ports farther east, of little value in establishing the position of a vessel, may use Cape Cod Canal, or Vineyard and Nantucket but the depth should be checked frequently to insure Sounds via Pollock Rip Channel. Great Round Shoal that the vessel clears all dangers. Channel is also available, but seldom used, as an en- trance to or exit from Nantucket Sound. The control- ling depth for these passages is from 27 to 32 feet. They avoid Nantucket Shoals and are used by coasting ves- sels. Small vessels and pleasure craft usually pass
180 I Chapter 3 I Coast Pilot 2 through Long Island Sound when proceeding coast- that local wind current information is desirable. Such wise. information based upon extensive current and wind ob- servations at a number of stations is given in the Tidal Currents Current Tables. (172) The Tidal Current Tables should be consulted for (178) The largest current velocities likely to occur dur- ing storms at a number of locations offshore and in the specific information about times, directions, and veloc- sounds are given as follows: Pollock Rip Entrance ities of the current at the numerous locations through- Lighted Whistle Buoy PR, 2.5 knots; Stone Horse out the area. It must be borne in mind that the current Shoal, 4 knots; Great Round Shoal Channel Entrance to which a vessel is subjected at any time is the combi- Lighted Horn Buoy GRS, Nantucket Entrance, 2.5 nation of tidal current, wind current, and other cur- knots; 3 miles north of Nantucket Shoals Lighted rents such as those due to drainage or oceanic Whistle Buoy N, 2.5 knots; Cross Rip Shoal, 2.5 knots; circulation. Hedge Fence Lighted Gong Buoy 22, Nantucket Sound, (173) Away from the immediate vicinity of the shore, the 2.5 knots; 3.3 miles southwestward of Cuttyhunk tidal currents are generally rotary. They shift direction, Light, 2 knots; Brenton Reef, 1.5 knots; 0.5 mile south usually clockwise, at an average rate of about 30° an of Bartlett Reef, Long Island Sound, 2.5 knots; 3 miles hour. They attain velocities of 1 to 2.4 knots or more southward of Cornfield Point, 4 knots; 3 miles north of throughout the Nantucket Shoals-Georges Bank area, Nantucket Traffic Lane Lighted Whistle Buoy NB, 1.5 the larger velocities occurring generally over the knots; Ambrose Light, 2 knots. shoaler parts of the area. Between Nantucket Island and Sandy Hook their velocities generally do not ex- Weather, Cape Cod to Sandy Hook ceed 0.5 knot except in the vicinities of the entrances to (179) From Georges Bank and the shoals of Nantucket to the larger bays and inland waterways, where the veloci- ties increase as the entrances are approached. For con- New York Harbor, fog, currents, winds and waves are siderable distances from the entrances, strengths of constant threats to safe navigation. The following text flood and ebb set, respectively, toward and away from describes the weather problems that face the mariner those entrances, and minimums of velocity, corre- when navigating these waters. This section presents an sponding to the slacks of reversing currents, set at overall, seasonal picture of the weather that can be ex- right angles to the directions of the flood and ebb pected in the offshore waters along the coast of the strengths. mid-Atlantic region from Cape Cod, MA, to Sandy (174) Offshore and away from the influence of the tidal Hook, NJ. Detailed information, particularly concern- flow into and out of the Gulf of Maine and the larger ing navigational weather hazards, can be found in the bays, the tidal current maintains an approximate uni- weather articles in the following chapters. form velocity. Shifting its direction continuously to the (180) All weather articles in this volume are the product right, it sets in all directions of the compass during of the National Oceanographic Data Center (NODC) each tidal cycle of 12.4 hours. and the National Climatic Data Center (NCDC). The (175) In the offshore area between Cape Cod and Sandy meteorological and climatological tables are the prod- Hook there is a resultant southward drift which is uct of the NCDC. Both centers are entities of the Na- stronger in winter than in summer and has an average tional Environmental Satellite, Data, and Information velocity less than 0.1 knot. Service (NESDIS) of the National Oceanic and Atmo- spheric Administration (NOAA). If further information Wind currents is needed in relation to the content of the weather arti- (176) Wind currents are very complicated. Their veloci- cles, meteorological tables or climatological tables, contact the National Climatic Data Center, Attn: Cus- ties and directions depend upon a number of factors tomer Service Division, Federal Building, 151 Patton such as velocity, direction, and duration of the wind, Avenue, Room 120, Asheville, NC 28801-5001. You may the proximity of the coast and the direction of the also contact the CSD at 828-271-4994, or fax your re- coastline. Generally in the Northern Hemisphere the quest to 828-271-4876. wind-driven current sets somewhat to the right of the (181) Climatological tables for coastal locations, meteo- wind, but in coastal waters there are many exceptions rological tables for the coastal ocean areas, and a table to this general rule, the current often setting to the left of mean surface water temperatures and densities rele- of the wind, due to the tendency of the current to follow vant to locations discussed within this volume, follow the direction of the coastline or to other local condi- the appendix. The climatological tables are a special ex- tions. traction from the International Station Meteorological (177) The velocity of the current relative to that of the Climate Summary. The ISMCS is a CD-ROM jointly wind also varies with the location. It follows, therefore,
Cape Cod To Sandy Hook I Chapter 3 I 181 produced by the National Climatic Data Center, Fleet quickly, making it difficult to reach port especially Numerical Meteorology and Oceanography Detach- when you have to navigate an inlet where breaking ment-Asheville, and the U.S. Air Force Environmental waves are treacherous. In deeper waters, waves can Technical Applications Center, Operating Location-A. build to over 20 feet. During winter the possibility of The meteorological tables for the ocean areas are com- superstructure icing calls for an early course of action piled from observations made by ships in passage and based upon the latest forecast and a knowledge of your extracted from the National Climatic Data Center’s vessel. Tape Deck-1129, Surface Marine Observations. Listed in the appendix are National Weather Service offices Cold Fronts and radio stations which transmit weather informa- (186) This weather hazard usually approaches from the tion. (182) Marine Weather Services Charts published by the west through north. Ahead of the front, winds are usu- National Weather Service show radio stations that ally squally and often blow out of the south through transmit marine weather broadcasts and additional in- southwest. Cirrus clouds give way to Altocumulus or formation of interest to mariners. These charts are for Altostratus and Nimbostratus, then Cumulonimbus. sale by the National Ocean Service Distribution Divi- Pressure falls moderately and showers, and perhaps sion (N/ACC3). (See Appendix A for address.) thunderstorms, occur. Seas become choppy. With the frontal passage winds shift rapidly to the west and Extratropical Cyclones northwest. Strong gusts and squalls continue. Clearing (183) One of the biggest problems in these waters is the usually occurs a short distance behind the front as the cold air moves in. Cold fronts can move through the winter storm; the most powerful of these is the area quite rapidly. Their speed varies from about 10 to “Nor’easter”. It generates rough seas, strong winds and 20 knots in summer up to 40 knots in winter. From high tides that threaten safety at sea and cause damage spring through fall these fronts are often preceded by in port. These storms do not often come without warn- dense fog. ing. Approaching from the U.S. mainland or from the (187) During the spring and summer when the air ahead seas to the south they are usually well forecasted. Diffi- of the cold front may be very unstable, a line of thun- culty arises when they develop or deepen explosively off derstorms, known as a squall line, may develop. These the mid Atlantic coast. Sometimes called “Hatteras instability lines can form 50 to 300 miles ahead of a fast Storms”, these lows can grow from small, weak frontal moving front. They may even contain tornados or wa- waves to full blown systems in less than 24 hours. Not terspouts. These storms can inflict considerable dam- only can their circulation expand to cover most of the age on fishing vessels and small craft. western North Atlantic but they often accelerate rap- idly northeastward. In the exposed waters these storms Tropical Cyclones can generate 40-foot (12 m) waves and hurricane force (188) A tropical cyclone is a warm core, low pressure sys- winds. Each year more than 40 extratropical systems move across or close to this coast. They average about tem that develops over tropical oceans. It exhibits a ro- two to four per month, but as many as ten can affect the tary, counterclockwise circulation in the Northern region in a single month. Most systems are weak, but a Hemisphere around a center or “eye”. In small tropical few generate gales and rough seas for hundreds of cyclones the diameter of the area of destructive winds miles; particularly from September through April. may not exceed 25 miles while in the greatest storms (184) The major winter storm track runs in a line approx- the diameter may reach 500 miles. At the center is a imately from Cape Hatteras to Cape Cod. Most of the comparatively calm, sometimes clear, area known as storms that follow this track intensify; the center of in- the eye. The diameter of the eye can vary from about 5 tensification is off Delaware Bay. In addition to the to 25 miles. Winds are usually strongest near the cen- forecast certain atmospheric changes indicate a storm ter. They can reach 175 knots or more in an intense is approaching. The most dependable early indicator is hurricane. In the North Atlantic Region (West Indies, falling pressure. A definite weather change is likely if Caribbean Sea, Gulf of Mexico and waters off the U.S. you observe pressure falls exceeding 2 mb every 3 East Coast) the following terminology is used in tropi- hours; a drop of 5 mb/3 hours indicates a strong change cal cyclone warnings issued by the National Hurricane while 10 mb/3 hours warns of an impending extreme Center (National Weather Service): event. (189) (1) Tropical Depression.–An organized system of (185) As a storm approaches, winds strengthen, clouds clouds and thunderstorms with a defined circulation thicken and lower and precipitation begins. Early in and maximum sustained winds of 38 miles per hour (33 the storm’s life wind waves can become steep very knots) or less.
182 I Chapter 3 I Coast Pilot 2 (190) (2) Tropical Storm.–An organized system of strong are often more intense than their early season counter- thunderstorms with a defined circulation and maxi- parts. mum sustained winds between 39 and 73 miles per (196) The most common path is curved, the storms first hour (34 to 63 knots). moving in a general westward direction, turning later to the northwestward and finally toward the northeast. (191) (3) Hurricane.–An intense tropical weather system A considerable number, however, remain in low lati- with a well-defined circulation and a maximum sus- tudes and do not turn appreciably toward the north. tained wind speed of 74 miles per hour (64 knots) or Freak movements are not uncommon, and there have greater. been storms that described loops, hairpin-curved paths, and other irregular patterns. Movement toward (192) While the following term is not normally used in the southeast is rare, and, in any case, of short dura- tropical cyclone advisories it may appear in related tion. The entire Caribbean area, the Gulf of Mexico, the products. coastal regions bordering these bodies of water, and the Atlantic Coast are subject to these storms during the (193) (1) Tropical Wave.–A minor tropical disturbance in hurricane season. the easterly trade winds, which could develop into a (197) The average speed of movement of tropical cy- tropical depression but lacks evidence of a closed circu- clones is about 10 to 15 knots. This speed, however, var- lation; also known as easterly wave. ies considerably according to the storm’s location, development and the associated surface and upper air (194) Along the coast, greater damage may be inflicted by patterns. The highest rates of speed usually occur in water than by wind. Prolonged winds blowing toward the middle and higher latitudes and range up to 40 to shore can increase water levels from about 3 to 10 feet 50 knots. Storms are slowest during recurvature or (1 to 3 m) above normal. This storm tide may begin when looping. They can also become stationary in the when the tropical cyclone center is 500 miles or more absence of steering currents. away. It gradually increases until the winds change di- rection. On top of this the low pressure in the storm’s Hurricane Warnings and Forecasts center can create a ridge or wall of water known as a (198) The civilian hurricane warning service for the surge. This will move in the direction of the storm’s movement and can be disastrous. The effect may be North Atlantic is provided by the National Hurricane similar to that of a tsunami (seismic sea wave) caused Center/Tropical Prediction Center, Miami, Florida. It by earthquakes in the ocean floor. Storm surges can collates ship, aircraft, radar and satellite data to pro- push these tides to 20 feet (6.1 m) or more above nor- duce and issue tropical cyclone warnings and forecasts mal. About 3 to 4 feet (1 to 1.2 m) of this is due to the for the North Atlantic Ocean, including the Caribbean decrease of atmospheric pressure and the rest to the Sea and Gulf of Mexico as well as the Eastern North Pa- strong winds. Additional water damage results from cific Ocean. Its principal product is the Tropical Cy- the pounding of sea and swell. Torrential rains, gener- clone Advisory message especially tailored for Marine, ated by tropical cyclones, can cause both flash floods Aviation, Military and public interests. They are issued and river floods from inland rains. every 6-hours with intermediate bulletins provided when needed. Tropical Cyclone climatology (199) For tropical storms and hurricanes threatening to (195) In an average season nine or ten tropical cyclones cross the coast of the U.S., coastal warnings are issued to the public by the National Hurricane Center through develop and five of these reach hurricane strength; local Hurricane Warning Offices in order that defense about two hurricanes reach the U.S. While they may against damage, and perhaps evacuation, can be im- develop in any month, June through November is gen- planted. Two levels of warnings are employed. The erally considered the tropical cyclone season, with a “Hurricane Watch” is a preliminary alert that a hurri- peak in August, September and October. Early and cane may threaten a specified portion of the coast. It is pre-season storms, from May through mid July, are issued approximately 36 hours before landfall could oc- most likely to originate in the western Caribbean Sea cur. The second level is the “Hurricane Warning”, and Gulf of Mexico. From mid July through late Sep- which indicates that hurricane conditions are expected tember this development is spread through the main within 24 hours in advance of landfall. It is aimed at basin of the tropical Atlantic and a much more persis- providing the best compromise between timeliness and tent westerly movement is noticeable. From late Sep- accuracy for civil defense purposes so that its warning tember through November, activity gradually confines may be too late to allow ocean-going vessels to get un- itself to the Caribbean and Gulf of Mexico. A northerly derway and complete a successful evasion in open movement, similar to early season storms, becomes more apparent. However, because of the large reservoir of heat available at the end of the season, these storms
Cape Cod To Sandy Hook I Chapter 3 I 183 water. To compensate for this, the Marine Advisory con- period New Haven was threatened by 108 tropical tains additional guidance in form of probabilities of cyclones, 91 of which occurred from August through hurricane strikes, for coastal locations and even off- October. Hurricanes are most likely during August and shore coordinates, and storm position forecasts for up September when 75 out of the total of 108 occurred. to 72 hours in advance. The direction of approach is most likely from the south or southwest. Because of the natural protection offered Hurricane Havens by the shape of the coast from Cape Cod to Cape (200) This section is condensed from the Hurricane Ha- Hatteras, most recurving storms either make landfall south of Hatteras or pass New England well offshore to vens Handbook for the North Atlantic Ocean pub- the southeast. The majority of storms pass well to the lished by the Marine Meteorology Division, Naval southeast of New England, following the Gulf Stream. Research Laboratory, Monterey, CA 93943, and avail- Occasionally storms accelerate on a more northerly able on the internet at https://www.cnmoc.navy.mil/. track similar to the disastrous hurricane of 1938, While this study concentrates on New York, NY, New which advanced rapidly up the east coast, offshore near London, CT, and Newport, RI, the climatology and prin- Hatteras, across central Long Island, into Connecticut ciples of navigation can be applied to the entire region; and finally through Vermont. This hurricane’s forward the navigation information can be applied to winter speed reached 52 knots, an advance that would be diffi- storms as well. For practical purposes any tropical cy- cult to prepare for, even with today’s sophisticated clone that approaches within 180 miles is considered a warning methods. It is the exceptionally fast-moving “threat”. Data is also incorporated from the Global storm that poses the greatest threat. For example, Tropical/Extra tropical Cyclone Climatic Atlas based on climatology, a September storm located off CD-ROM jointly produced by the National Climatic Miami would reach New York in about 3 or 4 days. How- Data Center and the Fleet Numerical Meteorology and ever, the 1938 hurricane traveled this distance in about Oceanography Detachment-Asheville. 30 hours. Tropical cyclones tend to accelerate as they (201) The classical doctrine held by most mariners is that move north of about 30 N. Forward speeds range from ocean-going ships should leave ports that are threat- 25 to 30 knots for those crossing the New York – New ened by a hurricane. Despite this natural caution, ships England coast compared to 20 to 25 knots for those continue to be damaged in port or after leaving port, as passing offshore to the southeast. a result of tropical cyclone encounters. This often (203) Since wind records were available in the New York stems from the difficulty in forecasting tropical cy- Harbor area, sustained winds have reached hurricane clone movement, although these forecasts have im- force (64 knots) only once. The September 1944 hurri- proved significantly in the past two decades. In addition cane produced 64-knot winds at Central Park and to evaluating the forecast it is necessary to assess the 70-knot winds at La Guardia. Other hurricanes that risks of remaining in port or putting to sea according to have caused considerable damage were storms in Sep- the circumstances of the threat, the facilities of the tember 1821, September 1938, August 1954 (Carol) port and the capabilities of the vessel and crew. For an and September 1960 (Donna). During a recent 44-year evaluation as to a course of action, several factors are period along the Connecticut-Rhode Island coast, three important. The risk of a particular port experiencing a hurricanes produced winds that have been estimated to hurricane is often dependent on seasonal and geographic have reached at least minimal hurricane strength. The influences. Forecasts of hurricane movements are 1944 hurricane, Carol and the 1938 storm were the more reliable in some areas, particularly the lower lati- three. The 1938 storm was the worst as winds in the tudes. In the mid latitudes where storms are often re- New London area were estimated at 78 to 87 knots. curving, the difficulty increases. It is important to (204) In addition to strong winds, the hurricane brings know the sheltering capabilities of the port that is be- rough seas, heavy rains, and storm surges. New York’s ing considered and the speed of advance of tropical cy- Lower Bay is subject to wave action due to an open clones in the latitudes that you may be sailing. When quadrant, east through south, to the Atlantic. The size the tropical cyclone speeds approach or exceed vessel and depth of the bay also provide sufficient fetch for a speed, options become limited. strong wind to generate destructive waves. Deep ocean (202) Of the 117 tropical cyclones that threatened New swells approaching from the open quadrant would be York from 1842-1995, 100 occurred from August reduced by shoals at the entrance to Lower Bay, be- through October with the main threat in September. tween Sandy Hook and Rockaway Point. Upper Bay, The hurricane (winds> 64 knots) threat has a peak in Newark Bay, lower Hudson River and East River are August and September; 81 of the 117 hurricanes oc- subject to limited wave action. Long Island Sound is a curred in those months. Tropical cyclones usually deep water sound with a generous fetch in an east-west move in from the south or southwest. During this same
184 I Chapter 3 I Coast Pilot 2 direction. New London Harbor is well protected from inside some type of storage building to prevent possible wave action. Although a west wind can produce large damage by flying objects or to prevent the possibility of seas in the Sound they are greatly reduced on entering broken tie-downs in high winds. Local knowledge is the the harbor channel. Within Narragansett Bay wave ac- best guide to weathering a storm in small harbors. tion is severely limited by short fetch for most wind di- rections. Wave action generated within the Bay will Waves create minimal problems for ships at anchor if the (208) In late March of 1984 a 968-mb Low off the New scope of chain employed is set to give the best riding conditions. Jersey coast generated a 33-foot (10.1 m) wave at Buoy (205) Storm tides can produce a high water level, which 44005 (42.7°N., 68.3°W) while Buoy 41002 (40.1°N., in addition to inundating coastal areas, may allow wind 73.0°W) measured a 47-foot (14.3 m) wave during Glo- waves to cause destruction in areas normally unaf- ria in September 1985. Systems similar to these are fected by waves. Combined storm surge and tide have partly responsible for the rough seas encountered produced water levels of over 10 feet (3 m) above mean along this coast from September through April. The low water in the New York Harbor area and levels Buoy closest to the area, 44003, (40.8°N., 68.5°W), in greater than 15 feet (4.6 m) above mean low water in 10 years of operation has measured a 29-foot (8.8 m) western Long Island Sound. New London is one of the wave in February and 25-foot (7.6 m) waves from Octo- few east coast ports to have experienced a major storm ber through April. It has been estimated that over the surge in this century. The storm surge of September open waters along this coast maximum significant 21, 1938 hit New London as an apparent tidal bore (wall waves should reach 30 feet (9 m). The table below (ex- of water) causing considerable destruction. This surge tracted from Marine Weather of Western Washington. was slightly greater than that expected once in a hun- Kenneth E. Lilly, Jr., Commander, NOAA, Starpath dred years and was likely due to the fast moving nature School of Navigation, 1983) shows the relationship be- of this hurricane. At Newport storm tides were mea- tween significant and other wave heights. sured at 10.8 feet (3.3 m) above mean sea level during (209) This table can be used to project a range of wave the 1938 hurricane. The top winter extratropical storm heights that might be expected in deep water. If signifi- produced a 6.0-ft (1.8 m) surge on the 30th of Novem- cant wave heights of 10 feet (3 m) are forecast then the ber, 1963. most frequently observed waves should be 5- to 6-foot (206) In summary, New York Harbor is recommended as (1.7 to 1.8 m) range while one wave in 100 should reach a hurricane haven. It is a large national harbor with 17 feet. many excellent berthing facilities and good deep-water anchorages. Natural topographic features and numer- Wave Heights from Significant Wave Heights (SWH) ous man-made structures offer good wind protection. The bathymetry and orientation of the harbor relative Most frequent wave heights: 0.5 x SWH to the normal path of hurricanes tend to mitigate the wind wave and ocean swell danger although storm Average wave heights: 0.6 x SWH surge is a sufficient threat. The main New London har- bor is not a haven for most vessels during a hurricane Significant wave heights (average height 1.0 x SWH although the inner harbor is considered safe for most of highest 33%): ships. The surrounding topography provides some pro- tection from east through southeast winds for the east- Height of highest 10% of the waves: 1.3 x SWH ern shore of the main and inner harbor, however the lower western shore of the main harbor is very exposed One wave in 1,175 waves: 1.9 x SWH to southeast through south winds. The entire harbor is subject to the possibility of major storm surge flooding. One wave in 300,000 waves: 2.5 x SWH The port of Newport is located inside Narragansett Bay, which has deep water anchorages within its confines. (210) A giant or rogue wave might reach 25 feet (7.6 m) Although these anchorages are not well sheltered from in these circumstances. These rogue or “killer” waves winds, they have proven hurricane haven properties for occur when the large number of different waves that ships able to steam at anchor. make up a sea occasionally reinforce each other. This (207) Flooding associated with hurricane-induced high action creates a wave that is much steeper and higher tides is the principle threat to small craft in the area. than the surrounding waves. These rogue waves often They should be hoisted and secured ashore above pro- occur in a stormy sea and are described by mariners jected flood levels whenever possible. Best protection is who have experienced them, as coming out of nowhere and disappearing just as quickly. If significant wave heights are observed at 20 feet (6.1 m) then a rogue wave could reach 50 feet (15.2 m) if the water depth could support it. (211) Rough sea conditions are usually generated by gales out of the northwest through northeast. Waves
Cape Cod To Sandy Hook I Chapter 3 I 185 greater than 8 feet (2.4 m) occur about 10 to 15 percent Winds of the time in winter. From fall through spring, wave (215) Migratory weather systems cause winds that fre- heights of more than 7 feet (2.1 m) frequently last one day or more; in midwinter they often last 2 days or quently change in strength and direction. In general more. In addition to coastal storms, cold fronts with winds are generally westerly but often take on a north- rapidly shifting winds can create dangerous seas. erly component in winter and a southerly one in sum- (212) Steep waves are often more dangerous than high mer. Strongest winds are generated by lows and cold waves with a gentle slope. Waves appear menacing fronts in fall and winter and by fronts and thunder- when the ratio of wave height to length reaches about storms during spring and summer. Extreme winds are 1/18. They begin to break when this ratio is about 1/10. usually associated with a hurricane or severe north- Steepest waves develop when strong winds first begin easter and could reach 125 knots. Sustained winds of to blow or early in a storm’s life. The ship no longer 100 knots should occur about every 50 years on the av- rides easily but is slammed. Steep waves are particu- erage; gusts are usually about 30 percent higher. larly dangerous to small craft. When wave heights are (216) In the open seas, away from the influence of land, greater than 5 feet, periods of less than 6 seconds can winds are stronger and less complex. From December create problems for boats under 100 feet in length. through March they are mainly out of the west through Waves of 10 feet or more with periods of 6 to 10 seconds north with gales occurring about 6 to 12 percent of the can affect comfort in 100- to 200-foot (30.5 to 61 m) time. Windspeeds, in general, increase with distance vessels. When wind waves reach 20 feet they become from the coast. If winds persist for a long time over a hazardous to vessels under 200 feet in length and pro- long fetch they will generate rough seas. Winter vide a rough ride for larger ships. Waves moving into windspeeds of 20 knots or more persist for more than shallow water become steeper and break when the 12 hours about 50 percent of the time; however these depth is about 1.3 times the wave height. Areas such as winds often shift and a new fetch is established. Sum- Nantucket Shoal and Georges Shoals are dangerous in mer winds are usually out of the south through south- heavy weather. Wave steepness is also increased by tidal west and gales are infrequent. During the spring and currents, particularly when they oppose the wind. fall winds are more variable. (213) Swells can create problems for larger vessels. (217) Coastal winds are complex since they are influ- About one-half of the waves of 10 feet (3 m) or more, in enced by the topography. Over land speeds are reduced. these waters, are swells from distant storms. They are However channels and headlands can redirect the wind uncomfortable to ships that roll or pitch in sympathy. and even increase the speed by funneling the wind. In Swells with 500- to 1000-foot (152 to 305 m) wave general you will find southerly components in summer lengths affect ships of these lengths. When steaming and northerly ones in winter. In sheltered waters like into such swells a resonance is set up until the bow digs Buzzard Bay, Narragansett Bay and the harbors of Long into the waves. The resulting pitch will cause more of a Island Sound there are a large percentage of calms, par- power loss than a roll caused by a sea. Swells with wave ticularly during the morning hours. When the existing lengths that range from about three-fourths to twice circulation is weak and there is a difference between the ship’s length can have this effect. Pitching is heavi- land and water temperature, a land-sea breeze circula- est when the ship’s speed produces synchronism be- tion may be set up. As the land heats faster than the wa- tween the period of encounter and the ship’s natural ter, a sea breeze is established during the day; this pitching period–this often occurs at or near normal onshore flow may reach 15 knots or more. At night the ship speeds. land cools more rapidly often resulting in a weak (214) When in running before a following sea, the great- breeze off the land. In many locations the sea breeze est danger arises when speed is equal to that of the serves to reinforce the prevailing summer wind. waves or when the waves overtake the ship so slowly that an almost static situation is created with the vessel Visibilities lying on the wave crest. In this latter case stability is so (218) Fog, precipitation, smoke and haze all reduce reduced that a small vessel could capsize. Waves on the quarter or astern can also result in very poor steering visibilities. Fog is the most restrictive and persistent. It quality. As seas move along the vessel from aft to for- forms when warm, moist air moves across colder water, ward the rudder is less effective and the boat may be when very cold air moves over warmer water, or when slewed across the face of a sea filling the decks with wa- moist air is cooled to near its dew point by radiation or ter as she broaches. She could lose her stability and rainfall. These conditions can be triggered by a number capsize, particularly if the boat is trimmed by the head. of weather situations. (219) Prior to the arrival of a cold front there is often a warm, southerly flow of air across cool Gulf waters re- sulting in dense fog. Warm or stationary fronts can also
186 I Chapter 3 I Coast Pilot 2 bring fog while rainfall from lows and fronts can create rigging to cause it to fall, this is minor in comparison an evaporation fog. Along the coast radiation fog is with the freezing spray hazard. Icing on the super- common on clear, calm nights although it usually structure elevates the center of gravity, decreasing the burns off during the morning hours. In the spring, metacentric height. It increases the sail area and heel- coastal fog may occur near the mouths of rivers and ing moment due to wind action. Its non-uniform distri- streams that are fed by cold snowmelt. bution changes the trim. It can hamper steerability and (220) Sea temperatures increase, in general, from north lower ship speed. Icing also creates hazardous deck to south, but the variation is usually only a few degrees conditions. over open water. Close to the coast, water temperatures (226) If you can’t avoid the weather conditions that cause are usually warmer in summer and colder in winter icing, experience and research have helped develop than offshore readings. Water temperatures in summer some guidelines. The first two courses of action when range from about 66° to 74°F (18.9 to 23.3°C) while in encountering potential icing conditions are to seek winter the range is from about 34° to 37°F (1.1 to shelter from the sea and to steer towards warmer water. 2.8°C). Once icing has begun it is prudent to slow down (221) Advection fog is most common in late spring and enough so that little or no spray is taken aboard. It is early summer when south and southwest winds bring also important to keep ice from building up by what- warm humid air over the still-cold Labrador Current. ever means are available. This includes crewmen using Near Georges Bank visibilities fall to less than 1 mile up tools or baseball bats to remove ice from the deck and to 30 percent of the time. While these frequencies drop superstructure. to the southwest, fog remains a problem in this season. (227) Any effort to control the rate of accumulation will (222) The areas along the coast, at the heads of bays buy time. In general heaving to with the bow into the within the rivers, may be comparatively clear while fog wind and sea as much as possible and varying the is very thick outside. The frequency of fog over land and course slightly to ensure a minimum symmetrical water is usually in opposition. Land fog is often most build up is a good rule. However, experiments have frequent in fall and winter compared to the spring and shown that on a trawler with its stern to the wind, loss summer maximum of sea fog. Consequently figures for of stability is only about one-half of that in the ahead poor visibility at inland or sheltered harbors are no condition. When the wind is 30 degrees off the bow the guide to conditions at sea or in the approaches. loss of stability is 50 percent greater than in the ahead condition. Also ice accumulates more rapidly on the Superstructure Icing windward side causing a heeling into the wind. This (223) Heavy winter weather can cause ice to collect on listing is partially offset by the action of the wind so that a shift to a reciprocal course after icing has built ships sailing these waters. At its worst superstructure up could be disastrous. When ice builds up significantly icing can sink a vessel. When air temperature drops be- it is important to remember that the removal of one low the freezing point of sea water (About 28.6°F) ton of ice 50 feet from the vessel’s center of gravity is as strong winds and rough seas will cause large amounts effective as removing 10 tons of ice 5 feet above the cen- of sea spray to freeze to the superstructure and those ter of gravity. parts of the hull that escape a frequent washing by the sea. Ice amounts increase rapidly with falling air and Optical Phenomena sea temperatures as well as increasing windspeeds. The (228) Optical phenomena range from electromagnetic most dangerous conditions exist when gales last for several days in temperatures of 28°F or lower. The ice displays to intricate geometrical patterns. The aurora buildup on a trawler can exceed 5 tons per hour. and Saint Elmo’s fire are electromagnetic displays. (224) A moderate rate of ice accumulation usually occurs Halos, coronas, parhelia, sun pillars, and related effects when air temperatures are equal to or less than 28°F are optical phenomena associated with the refraction with winds of 13 knots or more. When air temperatures and diffraction of light through suspended cloud parti- drop to 16°F or below and winds reach 30 knots or cles; mirages, looming, and twilight phenomena such greater, ice collects more rapidly. On a 300- to 500-ton as the “green flash” are associated with refraction of vessel it would accumulate at more than 4 tons per light through air of varying density. Occasionally, sun- hour and is called severe. December, January and Feb- light is refracted simultaneously by cloud suspensions ruary are the worst months. The potential for moderate and by dense layers of air producing complex symmet- icing exists about 5 to 10 percent of the time. ric patterns of light around the sun. A mirage is caused (225) In addition to sea spray, ice is also caused by freez- by refraction of light rays in a layer of air whose density ing rain or drizzle and fog in freezing conditions. While increases or decreases rapidly, near the surface. A these two causes could create enough weight on the marked decrease in density with increasing altitude
Cape Cod To Sandy Hook I Chapter 3 I 187 causes looming, towering, and superior mirages. sharply delineate the outline of clouds in brilliant Looming occurs when objects appear to rise above green, blue, pink, orange, or purple. their true elevation. Objects below the horizon may ac- (233) Refraction of sunlight takes place whenever the in- tually be brought into view. This apparent effect often tervening particles are larger than the wavelength. leads to a serious underestimation of horizontal dis- Thus, sunlight that is reflected from ice crystals is tances. Unimpressive landmarks, and distant ships may transformed into sun pillars and parhelic circles. When acquire startling characteristics through apparent ver- both phenomena occur in combination they form the tical stretching; this phenomenon is known as tower- remarkable sun cross. Paricelenci circles are observed ing. A superior mirage is so named because of the with moonlight. appearance of an image above the actual object. Ships (234) The auroral borealis (northern lights) and St. have been seen with an inverted image above and an Elmo’s fire are two types of electrical phenomena upright image floating above that. sometimes observed in this region. The zone of maxi- (229) Inferior mirages result from the upward bending of mum auroral frequency extends along the periphery of light rays in an unstable air mass. This phenomenon is a 20- to 25- degree circle whose center is at the mag- observed locally whenever a superheated land mass or a netic pole. Auroras are generally associated with wide expanse of open water is overrun by cold air. moonless nights. An artificial maximum exists in win- Sinking below the horizon, of relatively close objects, ter because of the longer hours of darkness. No conclu- may result in an overestimation of horizontal dis- sive evidence is available to show that a seasonal tances. Occasionally, a complicated vertical tempera- variation in the frequency of auroras exists. However, ture distribution may transform hilly coastlines into periods of intense sunspot activity are reflected in a impressive walls of lofty pinnacles. This phenomenon maximum occurrence of this electrical phenomenon. is known as Fata Morgana. On clear days, just as the up- (235) Generally auroras may be classified as having ei- per rim of the sun disappears below the horizon, green ther a ray structure (rays, streams, draperies, corona) light is sometimes refracted from the solar spectrum. or a nebulous appearance (homogeneous quiet arc, ho- This brief phenomenon is called the green flash. mogeneous band, pulsating arcs, pulsating surfaces, (230) Floating ice crystals (cirriform clouds, light snow diffuse luminous surfaces, and feeble glow). Flaming flakes, ice fog, or drifting snow) may cause the refrac- auroras, which fall in neither category, may be added to tion of light into a variety of faintly colored arcs and ha- this list. Moreover, auroras may remain uniformly red, los. This phenomenon, which may be recognized from green, or purple, or assume a rapid succession of these the fact that the red band is closest to the light source, colors. Brilliant shifting auroras are invariably accom- includes halos, arcs that open toward or away from the panied by magnetic storms and electrical interference sun, mock images, and various geometrical figures that with communications. may be located in various parts of the sky with refer- (236) St. Elmo’s fire is occasionally observed in this area, ences to the sun. but because of its faintness it is most commonly ob- (231) Fogbows, resulting from refraction through sus- served during the night hours and on dark overcast pended water particles, are seen in the region of the sky days. These eerie flickers of bluish light are usually directly opposite from the sun, or the antisolar point. caused by the unusual electrification of the snow-filled These bows, although occasionally brilliantly colored, air, which is most likely when the wind is strong. St. are normally seen as broad white bands with faintly col- Elmo’s fire is restricted to the tips of such objects as ored borders. Rainbows are also observed. ship masts, wind vanes, and airplane wings. (232) When atmospheric particles are about equal in size to the wavelength of light, diffraction is likely to occur. Dew Point Diffractional phenomena frequently show properties (237) The temperature at which condensation to water similar to those of refraction except for the reversal in the spectrum colors, violet now being closest to the droplets occurs is called the dew point. If this dew point source of light. The Brocken bow, or glory, appears on is above freezing, condensation will be in the form of clouds or fog banks as a colored ring around the pro- water. When the dew point reaches freezing, ice crys- jected shadow of the observers head. The solar and lu- tals will be deposited on cold surfaces. Knowledge of nar coronas, which are observed only through high the dew point along with cargo temperature and mois- clouds, resemble the halo except that they may assume ture content is vital for hold ventilation decisions. It is increasingly larger diameters as the size of the particles also a parameter used in forecasting fog formation. decrease. When the light from the sun or the moon is diffracted by cirrus or cirrostratus, iridescence may Cargo Care (238) When free air has a dew point temperature higher than the temperature of the surface with which it
188 I Chapter 3 I Coast Pilot 2 comes in contact, the air is often cooled sufficiently be- normal flight lasts seven hours and can cover 35,000 low its dew point to release moisture. When this hap- square miles. pens on board ship, condensation will take place on (244) Once sighted, a berg’s location, size, and configura- relatively cold cargo or on the ship’s structure within tion all are entered into a computer drift model, used the hold where it later drips onto the cargo. Thus, if until it is resighted or melts. cargo is stowed in a cool climate and the vessel sails (245) The IIP attempts to locate and track bergs south of into warmer waters, ventilation of the hold with out- the 52nd parallel, and particularly those south of the side air will likely lead to sweat damage in any cargo 48th which may be hazardous to navigation near the sensitive to moisture. Under such conditions external Grand Banks. When sighting data is entered into the ventilation should, as a rule, be closed off entirely, un- drift program, predicted positions of bergs are calcu- less the cargo generates internal heat, that hazard be- lated at 0000 and 1200 GMT. ing greater than sweat damage. In the opposite case, (246) All shipping is requested to assist in the operation when a vessel is loaded during a warm period, and of the IIP by radio reporting all sightings of ice at once moves into cooler weather, vulnerable cargo should be to the IIP through any U.S. Coast Guard communica- ventilated. tions station. Ice sightings reports should include: pre- (239) A safe rule for ventilation directed toward moisture cise position, size and shape of berg, concentration of control may be stated as follows: Whenever accurate ice, and thickness of ice (refer to IIP chart for filing re- measurements show the outside air has a dew point be- ports). A list of the radio stations broadcasting IIP Bul- low the dew point of the air surrounding the cargo to be letins and frequencies and times of broadcasts is protected, such outside air is capable of removing published annually in Local Notices to Mariners of the moisture from the hold and the ventilation process can First and Third Coast Guard Districts and in Radio Nav- be safely started. Whenever the reverse is true, and the igational Aids, Pub. 117, issued by the National outside dew point is higher than the dew point temper- Geospatial-Intelligence Agency. ature around the cargo, then ventilation will increase (247) The IIP operations center can be reached by tele- the moisture content of the hold and may readily result phone at (203) 441-2626, or the Coast Guard Opera- in sweating within the ship. The above does not take tions Center in New York at (212) 668-7878. Vessels into account possible fumes or gases in the compart- carrying Marisat equipment can send messages at their ment. In such cases discretion must be used. own expense to COAST GUARD NY (Telex 126831). (248) Once daily, a radio facsimile chart of the area de- Ice picting ice distribution is broadcast. The IIP seeks com- (240) (Refer to discussion under ports affected.) ments on its services to mariners, particularly on the (241) During some winter months or when threatened effectiveness of the times and frequencies of radio transmissions. Mariners are requested to mail facsim- by icing conditions, lighted buoys may be removed ile charts received at sea to International Ice Patrol, from station or replaced by unlighted buoys; unlighted 1082 Shennecossett Road, Groton, CT 06340-6095. The buoys, daybeacons and lights on marine sites also may frequency used, time of receipt, and vessel position at be removed. (See Light List.) time of receipt should be indicated. (242) The International Ice Patrol (IIP) was formed in 1914 to patrol the Grand Banks of Newfoundland to de- SIZES OF ICEBERGS tect icebergs and warn mariners of their location. Un- der the 1974 Safety of Life at Sea (Solas) Convention, SIZE HEIGHT LENGTH 20 member-nations agreed to share the $2.5 million annual cost of operating the patrol. The U.S. Coast Growler (feet) (meters) (feet) (meters) Guard conducts the patrol and maintains IIP records. (243) Today the IIP is coordinated from its operations Small (G) 0-3 0-1 0-19 0-5 center at Groton, Connecticut. Its staff presently num- bers 13, including Coast Guard and civil service spe- Medium (S) 4-50 1-15 20-200 6-60 cialists. The usual ice season runs from September Large through March but can vary. Flying out of the Canadian (M) 51-15 16-45 201-400 61-122 Forces Base at Gander, Newfoundland, USCG aircraft 0 cover the ice area, a piece of water twice the size of the State of Texas. Its southern boundary is nearly the lati- (L) 151+ 46+ 401+ 123+ tude of New York City and it reaches halfway across the Atlantic, with Newfoundland on the northwest and TYPES OF ICEBERGS Greenland and Iceland on the north and northeast. A SHAPE DESCRIPTION Blocky (B) Steep sides with flat top. Very solid. Length-height ratio less than 5:1
Cape Cod To Sandy Hook I Chapter 3 I 189 TYPES OF ICEBERGS advance through ships’ agents. Unless otherwise di- rected, officials usually board vessels at their berths. Tilted Blocky Blocky iceberg which has tilted to (256) Harbormasters where appointed are mentioned in (V) present a triangular shape from the the text. They usually have charge of the anchorage and Drydock berthage of vessels. Pinnacled side. Dome Supplies Tabular Eroded such that a large U-shaped (257) General supplies, including fuel oil, diesel oil and (K) slot is formed within twin columns. fuel, gasoline, water, and marine supplies are available Slot extends into or near waterline. at the principal ports. Similar items but in more lim- ited quantities can be obtained at many places men- (P) Large central spiral or pyramid tioned under descriptions of the different ports. (D) Large round smooth top. Solid-type Repairs-salvage-wrecking iceberg. (258) Complete facilities for large vessels are available in (T) Flat-topped iceberg with length- New York Harbor. The extent and types of facilities at height ratio greater than 5:1. other places are shown in the text under the descrip- tion of the ports. Principal ports (249) The principal deep-draft commercial ports within Small-craft facilities (259) There are numerous places where fuel, supplies, the area of this Coast Pilot are: New Bedford and Fall River, Mass.; Tiverton and Providence, R.I.; New Lon- repairs, slips for dockage, and launching ramps are don and Bridgeport, Conn.; New York, Albany and Port available for small craft. For the various towns and iso- Jefferson, N.Y.; and Elizabeth and Newark, N.J. lated places, the Coast Pilot includes generalized infor- (250) Other deep-draft facilities are located on Cape Cod mation about marine facilities; details are given in the Canal; Narragansett Bay; off Northville and Northport, series of small-craft charts published for many places. N.Y., on Long Island Sound; and on the Hudson River (260) A vessel of less than 65.6 feet (20 meters) in between New York City and Albany, N.Y. length or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a nar- Pilotage row channel or fairway. (Navigation Rules, Interna- (251) Pilotage, with few minor exceptions, is compulsory tional-Inland Rule 9(b)). for all foreign vessels and U.S. vessels under register Standard Time entering and departing the Port of New York and New (261) The area covered by this Coast Pilot uses eastern Jersey and other ports within the area of this Coast Pi- lot, and for all such vessels transiting Block Island standard time (e.s.t.), which is 5 hours slow of Green- Sound, Narragansett Bay, and Long Island Sound. (See wich mean time (G.m.t.). Example: When it is 1000 at 207.20, chapter 2, for Pilotage Regulations on the Greenwich it is 0500 at New York City. Cape Cod Canal.) (252) Pilotage is optional for coastwise vessels that have Daylight saving time on board a pilot properly licensed by the Federal Gov- (262) Throughout the area of this Coast Pilot, clocks are ernment for the waters which the vessel travels. (253) Arrangements for pilots should be made by the advanced 1 hour on the first Sunday in April and are set ships’ agents at least 24 hours in advance at all of the back to standard time on the last Sunday in October. ports. New York is the only port at which the pilot boat remains on station. Detailed information on pilotage Legal public holidays procedures is given in the text for the ports concerned. (263) New Year’s Day, January 1; Martin Luther King, Towage Jr.’s Birthday, third Monday in January; Washington’s (254) Tugs are available at all major ports; they can usu- Birthday, third Monday in February; Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, ally be obtained for the smaller ports on advance notice first Monday in September; Columbus Day, second if none are available locally. Arrangements for tugs Monday in October; Veterans Day, November 11; should be made in advance through ships’ agents or the Thanksgiving Day, fourth Thursday in November; and pilots. (See the text for the ports concerned as to the Christmas Day, December 25. The national holidays are availability of tugs.) observed by employees of the Federal Government and Vessel Arrival Inspections (255) Quarantine, customs, immigration, and agricul- tural quarantine officials are stationed in most major U.S. ports. (See appendix for addresses.) Vessels subject to such inspections generally make arrangements in
190 I Chapter 3 I Coast Pilot 2 the District of Columbia, and may not be observed by all the States in every case. (264) In addition, the following holidays are also ob- served in the States covered by this Coast Pilot: (265) Lincoln’s Birthday, February 12: Connecticut, New Jersey, and New York. (266) Evacuation Day, March 17: Massachusetts, Boston and Suffolk County only. (267) Good Friday: Connecticut and New Jersey. (268) Patriots Day, third Monday in April: Massachusetts. (269) Rhode Island Independence Day, May 4: Rhode Is- land. (270) Bunker Hill Day, June 17: Massachusetts, Boston and Suffolk County only. (271) Victory Day, second Monday in August: Rhode Is- land. (272) General Election Day, first Tuesday after the first Monday in November: New Jersey, New York, and Rhode Island.
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192 I Chapter 4 I Coast Pilot 2
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