Professional Documents
Culture Documents
BOOK 1
[Navigation and Navigable Waters]
ISBN 1-879778-64-5
The information in this book was assembled with care according to the instructions furnished us and using the
most up-to-date information available at the time.
Because the government regulations covered by this book frequently change, it will be necessary to update this
book from time-to-time to keep it current. We limit our responsibility to providing updated information and issuing
corrections when informed of errors on our part. The notification and updating service on the regulations contained
herein is offered with the understanding that we are not responsible for errors beyond the point of correcting them.
© Copyright 1997
First Printing of the Fifth Edition - June 1997 - Corrected through LSA 3/97
TABLE OF CONTENTS
(Fifth Edition - June 1997)
Page #
Table of Contents i
Introduction iii
Addresses of Coast Guard District Offices, Marine Safety Offices (MSO) and Marine Inspection Offices (MIO) vi
Further Information for Interpreting the U.S. Code of Federal Regulations (CFR)
BOOK 1
TITLE 33—NAVIGATION AND NAVIGABLE WATERS
CFR Page
Part 1 #
1 GENERAL PROVISIONS 1
2 JURISDICTION 8
3 COAST GUARD AREAS, DISTRICTS MARINE INSPECTION ZONES AND CAPTAIN OF THE PORT ZONES 10
6 PROTECTION AND SECURITY OF VESSELS, HARBORS, AND WATERFRONT FACILITIES 12
20 CLASS II CIVIL PENALTIES 15
25 CLAIMS 26
26 VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS 29
62 UNITED STATES AIDS TO NAVIGATION SYSTEM 33
64 MARKING OF STRUCTURES, SINKEN VESSELS AND OTHER OBSTRUCTIONS 38
67 AIDS TO NAVIGATION ON ARTIFICAL ISLANDS AND FIXED STRUCTURES 40
70 INTERFERENCE WITH OR DAMAGE TO AIDS TO NAVIGATION 44
72 MARINE INFORMATION 45
74 CHARGES FOR COAST GUARD AIDS TO NAVIGATION WORK 47
NAVIGATION RULES*
[* The complete Navigation Rules-International-Inland is contained in COMDTINST M16672.C available as MET Stock BK-299.]
80 COLREGS: DEMARCATION LINES 48
81 72 COLREGS: IMPLEMENTING RULES 58
82 72 COLREGS: INTERPRETATIVE RULES 60
84 ANNEX I: POSITIONING AND TECHNICAL DETAILS OF LIGHTS AND SHAPES 61
85 ANNEX II: ADDITIONAL SIGNALS FOR FISHING VESSELS FISHING IN CLOSE PROXIMITY 64
87 ANNEX IV: DISTRESS SIGNALS 65
88 ANNEX V: PILOT RULES 66
89 INLAND NAVIGATION RULES: IMPLEMENTING RULES 68
90 INLAND RULES: INTERPRETATIVE RULES 70
95 OPERATING A VESSEL WHILE INTOXICATED 71
ANCHORAGES
109 GENERAL 73
110 ANCHORAGE REGULATIONS 75
POLLUTION
151 VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND 187
BALLAST WATERS
153 CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL 207
154 FACILITIES TRANSFERRING OIL OR HAZARDOUS MATERIAL IN BULK 212
155 OIL OR HAZARDOUS MATERIAL POLLUTION PREVENTION REGULATION FOR VESSELS 214
156 OIL AND HAZARDOUS MATERIAL TRANSFER OPERATIONS 250
157 RULES FOR THE PROTECTION OF THE MARINE ENVIRONMENT RELATING TO TANK VESSELS CARRYING OIL IN BULK 257
158 RECEPTION FACILITIES FOR OIL NOXIOUS LIQUID SUBSTANCES AND GARBAGE 291
159 MARINE SANITATION DEVICES 298
[Editorial Note: The Table of Contents for Book 2 containing selections from TITLE 46 CFR {Shipping) is located at the beginning of Book 2.]
The fifth edition of Rules and Regulations for Foreign Vessels Coast Guard regulations and regulations drafted by other U.S. government
Operating in the Navigable Waters of the United States. MET Stock* BK- agencies are in a continual state of development. Each day, Monday
520, contains reprints of selected regulations enforced by the United States through Friday excluding federal holidays, the Federal Register (FR), an
Coast Guard from Titles 33 and 46 of the Code of Federal Regulations official U.S. government "newspaper," publishes public regulations and
(CFR). These selected regulations relate to "foreign"* vessel design, legal notices issued by many federal agencies including the Coast Guard.
equipment, and operation in U.S. waters. Marine Education Textbooks These documents include Presidential proclamations, Executive Orders
(MET) originally prepared this book as a convenience for operators, agents, (EO), and federal agency documents of general applicability, legal effect,
and owners of these vessels at the request of the U.S. Coast Guard who public interest, as well as documents required to be published by Act of
previously published it as CG-515 with a cover date of 1 December 1977 Congress. In recent years the cumulative annual size of the Federal
and two subsequent changes. Old CG-515 was sold by the U.S. Register has grown to between 50,000 and 70,000 pages. We pick through
Government Printing Office (GPO) in subscription form. Our privately- this vast accumulation of paper on a daily basis to update and correct our
printed edition replaces CG-515 that is no longer available from publications. We believe our limited updating service and advice contained
government sources. We retained the number "515" to maintain the book's in this "introduction" can save you the cost of subscribing to (and reading)
identity and continuity. However, we are not aware of any law or the Federal Register at $607.00 (US) per year.
regulation that requires any vessel to carry a copy of this publication or to The Coast Guard issues about 30 "Final Rules" including new
carry a copy of the Code of Federal Regulations aboard any foreign-flag regulations and substantial amendments each year. Each "Final Rule,"
vessel doing business in the United States. Nevertheless, by publishing change, amendment, or correction is published in the Federal Register
these regulations, which differ in a number of important respects from before it is integrated into the Code of Federal Regulations (CFR). The
International regulations, and by offering related services, we have made an CFR consists of a set of books that are edited and updated annually and
effort to help our readers comply with U.S. Coast Guard regulations and contain legally enforceable regulations.
avoid regulatory problems. [*Vocabulary: Foreign - Non-U.S. flag.] Final rules that appear daily in the Federal Register are used to update
Although this publication contains an informed selection of U.S. Coast the Code of Federal Regulations (CFR) each year. However, the date when
Guard regulations that apply to foreign vessels operating in U.S. waters, we enforcement begins on any given regulation depends upon the date stated in
want to point out that it does NOT contain: the Federal Register and not the date the document is integrated into the
Rules and regulations of U.S. government agencies other than the U.S. CFR. Consequently, our limited updating service is often more current than
Coast Guard. the annual edition of the Code of Federal Regulations (CFR)—and far
[Comment: MET can obtain such publications on special order ] cheaper!
Laws or statutes of the United States Congress or of our individual In the CFR, Title 33 ("Navigation and Navigable Waters") and Title 46
states. [Comment: These are found in other publications available from MET. ("Shipping") contain two of fifty "titles" (i.e., major subdivisions) that are
Refer to our catalog topics # 21 & 40.] of primary concern to foreign and domestic shipping interests. The
Coast Guard "policy" or "guidance" that is not contained in the Code of regulations we have selected from Title 33 appear in Publication 515—
Federal Regulations. [Comment: Refer to our Catalog topic #10. We are Book 1 while Title 46 regulations appear in Publication 515—Book 2. We
publishing a new volume. Publication 516: Port State Control, that contains printed our selections as two separate "books" because the government
specific Coast Guard policy, guidance, and check lists that should be helpful edits and then publishes Title 33 and Title 46 at different times of the year.
to owners of foreign-flag vessels that plan to enter U.S. waters.] We must update title 33 and 46 separately.
Although the scope of this book is more limited than is apparent, Marine It is useful to remember the distinction between the regulations in Titles
Education Textbooks stands ready to help you to obtain additional 33 and 46: In simplest terms the regulations in Title 33 refer to bodies of
information you need to operate your vessel successfully in United States water while the regulations in Title 46 refer to the ships that sail these
waters in compliance with our laws and regulations. If you do not find the waters! We "selectively" cover these two titles in that the chosen sections
information you need in these pages, perhaps we can assist you in finding it were originally identified by the Coast Guard as significant to owners,
elsewhere. operators, and agents of foreign-flag vessels. We have reviewed and added
This book will provide you with information on current rules and to these sections through the years as the regulations changed. They are
regulations enforced by the U.S. Coast Guard. Since the subject is also "selective" in that the regulations we are concerned with in Titles 33
somewhat complicated, we need to tell you something about Coast Guard and 46 now consist of more than 3,500 pages in 10 volumes that cost about
regulations and about how we prepared this book. $252.50 (US) each year. Double that figure for the cost of the CFRs for the
approximate two-year life span of Publication
Commander Ninth Coast Guard District 1240 East U.S. Coast Guard Marine Safety Office Room 1111 U.S. Coast Guard Marine Safety Office
9th Street Cleveland, OH 44199-2060 111 W.Huron Street Buffalo, NY 14202-2395 Claude Pepper Federal Bldg. 51 SW
1st Ave. 6th Floor Miami, FL 33130-
1608
Commander Thirteenth U.S.C.G District Jackson U.S. Coast Guard Marine Safety Office
Federal Building 915 Second Avenue Seattle, WA U.S. Coast Guard Marine Safety Office 1 Washington Ryan Walsh Bldg. 2nd Floor P.O. Box
98174-1067 Ave. Philadelphia, PA 19147-4395 2924 Mobile, AL 36652-2924
Commander Fourteenth U.S.C.G. District Prince U.S. Coast Guard Marine Safety Office U.S.
Kalanianaole Fed. Bldg. 300 Ala Moana Blvd., 9th Customhouse 40 S. Gay Street Baltimore, MD 21202- U.S. Coast Guard Marine Safety Office
Floor Honolulu, HI 96850-4982 4022 200 Jefferson Ave., Ste. 1301
Memphis, TN 38103-2300
U.S. Coast Guard Marine Safety Office Norfolk U.S. Coast Guard Marine Safety Office
Commander Seventeenth U.S.C.G. District P.O. Box Federal Building 200 Granby Mall Norfolk, V.A. 660 Martin Luther King Blvd. Room
25517 Juneau, AK 99802-5517 23510-1888 360 Louisville, KY 40202-2230
vi
Page revised June 1997.
U.S. Coast Guard Marine Safety Office 225 Tully U.S. Coast Guard Marine Safety Office 800 David U.S. Coast Guard Marine Safety
Street Paducah, KY 42003 Drive, Room 232 Morgan City, LA 70380-1304 Office 501 L Street, Ste. 100
Anchorage, AK 99501-1946
U.S. Coast Guard Marine Safety Office Federal U.S. Coast Guard Marine Safety Office 9640 Clinton U.S. Coast Guard Marine Safety
Bldg. Room 501 234 Summit Street Drive Galena Park, TX 77029 Office P.O. Box 486 Valdez, AK
99686-0486
Toledo, OH 43604-1590
U.S. Coast Guard Marine Safety Office 1055 East U.S. Coast Guard Marine Safety Office Federal Bldg. U.S. Coast Guard Marine Safety
Ninth Street Cleveland, OH 44114-1092 2875 75th St. & Hwy. 69 Port Arthur, TX 77640-2099 Office 2760 Sherwood Lane, Ste. 2A
Juneau, AK 99801-8545
U.S. Coast Guard Marine Safety Office 110 Mt. U.S. Coast Guard Marine Safety Office 400 Mann
Elliott Avenue Detroit, MI 48207-4380 Street, Ste. 210 Corpus Christi, TX 78401-2047
U.S. Coast Guard Marine Safety Office c/o CG U.S. Coast Guard Marine Safety Office 165 N. Pico
Group Sault Ste. Marie, MI 49783-9501 Avenue Long Beach, CA 90802-1096
U.S. Coast Guard Marine Safety Office 2420 S. U.S. Coast Guard Marine Safety Office 2710 Harbor
Lincoln Memorial Dr. Milwaukee, WI 53207-1997 Drive North San Diego, CA 92101-1064
U.S. Coast Guard Marine Inspection Office 57 N. U.S. Coast Guard Marine Safety Office Bldg. 14,
12th Avenue P.O. Box 446 Sturgeon Bay, WI Coast Guard Island Alameda, CA 94501-5100
54235-0446
U.S. Coast Guard Marine Safety Office 1222 Spruce U.S. Coast Guard Marine Safety Office 6767 N. Basin
Street, Suite 221 St. Louis, MO 63103-2835 Avenue Portland, OR 97217-3992
U.S. Coast Guard Marine Safety Office 1615 U.S. Coast Guard Marine Safety Office 1519 Alaskan
Poydras Street, Ste. 605 New Orleans, LA 70112 Way S., Bldg. 1 Seattle, WA 98134-1192
vii
Page revised June 1997.
Chas R Havnen & Assoc Inc
4650 General DeGaulle Or • Suite 212 • New Orleans • LA •
70131 Telephone (800) 493-3883 • (504) 394-8933 - Fax (504) 394-8869
These three volumes compile the Rules and Regulations and U.S. Coast
Guard policy applicable to non-U.S. flag vessel. They have been
abstracted from the mass of material applicable to U.S. flag vessels. Their
origin is Titles 33 and 46 of the U.S. Code of Federal Regulations and
various parts of the U.S. Coast Guard's Marine Safety Manual.
Whatever Rules and Regulations are applied by the U.S. Coast Guard to
foreign flag vessels is in this volume. Unfortunately, it can be extremely
difficult to find and understand what you need to know to insure that your
vessel is prepared to do business in the U.S. Worse yet, even this volume
probably can't help you if a problem occurs and the U.S. Coast Guard
refuses to allow the vessel to load, discharge or navigate. These things
can and do happen.
• Are these Rules and Regulations confusing?
• Do you understand where the U.S. Coast Guard is really coming from or
what it is that they really want or need? Sometimes, what they are
concerned about is something other than what they tell the owner or
agent.
• Can you find what it is you are looking for or need to know?
• Even having these Rules and Regulations available may not prevent
crises from arising!
Do you think that a good admiralty attorney can help you interpret these
rules? Perhaps not! You can spend much money and get few results.
Instead, you need someone who has been there. You need someone who
has worked with these issues and understands them from all angles. You
may need help from the Haven Group. Call us for a consultation! We
can assist you to interpret these volumes as they apply to your ship and
your particular situation.
Specializing In... Maritime Owner's Representation, ISM Planning, STCW Compliance, Special Projects, OPA 90
Strategies, Response Plans and Drills; Vessel Manning, Inspection, Construction, Repair & Regulatory Issues
M.E.T. PUBLICATION 515 — 5TH EDITION
33 CFR PART 1
PAGE 3
3
M.E.T. PUBLICATION 515 — 5TH EDITION
33 CFR PART 1
PAGE 6
6
M.E.T. PUBLICATION 515 — 5TH EDITION
1
It should be noted that under 14 U.S.C 89 the Coast Guard is authorized to
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." enforce the laws of the United States upon the "high seas'' and waters over
However, we reprinted only those subparts and sections of concern to foreign which the United States has Jurisdiction Certain of the criminal laws of the
vessels. If you need additional information listed in this Table of Contents that United States are based on its special maritime and territorial jurisdiction, one
does not appear in the pages that follow, please write or fax us. We will be glad to of whose components is the "high seas", as defined in paragraph (b) However,
furnish this information for a small service charge] this definition of "high seas'' does not apply to the use of "high seas'' found in
14 U.S.C. 89, to which the definition in paragraph (a) applies A clear
distinction should be maintained between the Coast Guard's authority under 14
TABLE OF CONTENTS U.S.C 89 and the jurisdictional base of the criminal laws which apply to the
special maritime and territorial jurisdiction. For example, while assault (18
Subpart 2.01—Purpose U.S.C 113) committed seaward of the territorial sea could be committed on the
"high seas" for both purposes, an assault committed within the territorial sea
2.01-1 Purpose could be committed on the "high seas" to bring it within the special maritime
and territorial jurisdiction and at the same time be committed on waters over
Subpart 2.05—Definitions of Jurisdictional Terms which the United States has jurisdiction (not the "high seas") for purposes of
2.05-1 High seas. the Coast Guard's authority to undertake enforcement action
2.05-5 Territorial seas
2.05-10 Territorial sea baseline 2.05-5 Territorial seas.
2.05-15 Contiguous zone (a) With respect to the United States, territorial seas means the waters
within the belt, 3 nautical miles wide, that is adjacent to its coast and
2.05-20 Internal waters and inland waters
seaward of the territorial sea baseline.
2.05-25 Navigable waters of the United States; Navigable Waters; Terri-
(b) With respect to any foreign country, territorial seas means the waters
torial Waters.
within the belt that is adjacent to its coast and whose breadth and baseline
2.05-27 Waters subject to tidal influence, waters subject to the ebb and are recognized by the United States
flow of the tide, mean high water
2.05-30 Waters subject to the jurisdiction of the United States, waters 2.05-10 Territorial sea baseline.
over which the United States has jurisdiction Territorial Sea Baseline means the delimitation of the shoreward extent
2.05-35 Exclusive Economic Zone of the territorial seas of the United States drawn in accordance with prin-
ciples, as recognized by the United States, of the Convention on the Terri-
Subpart 2.10—Availability of Jurisdictional Decisions torial Sea and the Contiguous Zone, 15 U.S.T. 1606. Charts depicting the
2.10-1 Maintenance of decisions territorial sea baseline are available for examination in accordance with
2.10-5 Availability of lists and charts §1.10-5 (b) of this chapter.
2.10-10 Decisions subject to change or modification
2.05-15 Contiguous zone.
AUTHORITY 14 U.S.C 633, 80 Stat. 931 (49 U.S.C 1655 (b)), 49 CFR Contiguous zone means the belt of high seas, 9 nautical miles wide, that
is adjacent to and seaward of the territorial seas of the United States and
1.4 (b), 1.46 (b)
SOURCE: CGD 75-098, 40 FR 49326, Oct 22, 1975, unless otherwise that was declared to exist in Department of State Public Notice 358 of June
noted. 1, 1972, 37 FR 11906.
PAGE 1
33 CFR PART 2
8
M.E.T. PUBLICATION 515 — 5TH EDITION
where Congress has designated them not to be navigable waters of the (a) A list of waters within the district which the Coast Guard has decided
United States: to be navigable waters of the United States for the purposes of its
(1) Territorial seas of the United States; jurisdiction, and
(2) Internal waters of the United States that are subject to tidal influence; (b) Charts reflecting Coast Guard decisions as to the location of the
and territorial sea baseline for the purposes of Coast Guard jurisdiction, if the
(3) Internal waters of the United States not subject to tidal influence that district includes portions of the territorial seas.
(i) Are or have been used, or are or have been susceptible for use, by
themselves or in connection with other waters, as highways for substantial
2.10-5 Availability of lists and charts.
interstate or foreign commerce, notwithstanding natural or man-made
The lists and charts referred to in §2.10-1 of this chapter are available to
obstructions that require portage, or
the public and may be inspected or obtained in accordance with §1.10-5(b)
(ii) A governmental or non-governmental body, having expertise in
of this chapter.
waterway improvement, determines to be capable of improvement at a
reasonable cost (a favorable balance between cost and need) to provide, by
themselves or in connection with other waters, highways for substantial 2.10-10 Decisions subject to change or modification.
interstate or foreign commerce. The decisions referred to in §2.10-1 of this subpart are subject to change
(b) Navigable waters of the United States and navigable waters, as used or modification. Inquiries concerning the status of specific waters, for the
in sections 311 and 312 of the Federal Water Pollution Control Act, as purposes of Coast Guard jurisdiction, should be directed to the District
amended, 33 U.S.C. 1321 and 1322, mean: Commander of the district in which the waters are located.
(1) Navigable waters of the United States as defined in paragraph (a) of
this section and all waters within the United States tributary thereto; and
(2) Other waters over which the Federal Government may exercise
Constitutional authority.
2
In various laws administered and enforced by the Coast Guard, the terms
"State'' and "United States" are defined to include some or all of the territories
and possessions of the United States. The definitions in §§2.05-25 and 2.05-30
should be considered as supplementary to these statutory definitions and not as
interpretive of them.
33 CFR PART 2
PAGE 2
9
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 3.40-17 Morgan City Marine Inspection Zone and Captain of the Port Zone.
CODE OF FEDERAL REGULATIONS 3.40-20 Port Arthur Marine Inspection Zone and Captain of the Port Zone.
3.40-28 Houston-Galveston Marine Inspection Zone and Captain of the Port
PART 3 - COAST GUARD AREAS,
Zone
DISTRICTS MARINE INSPECTION ZONES 3.40-35 Corpus Christi Marine Inspection Zone and Captain of the Port Zone.
AND CAPTAIN OF THE PORT ZONES. 3.40-40 St. Louis Marine Inspection Zone and Captain of the Port Zone.
3.40-45 Paducah Marine Inspection Zone and Captain of the Port Zone.
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." 3.40-50 Huntington Marine Inspection Zone and Captain of the Port Zone.
However, we reprinted only those subparts and sections of concern to foreign 3.40-55 Louisville Marine Inspection Zone and Captain of the Port Zone.
vessels. If you need additional information listed in this Table of Contents that 3.40-60 Memphis Marine Inspection Zone and Captain of the Port Zone.
does not appear in the pages that follow, please write or fax us. We will be glad to
3.40-65 Pittsburgh Marine Inspection Zone and Captain of the Port Zone.
furnish this information for a small service charge]
PAGE 1
33 CFR PART 3 10
M.E.T. PUBLICATION 515 — 5TH EDITION
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." Subpart 6.01—Definitions
However, we reprinted only those subparts and sections of concern to foreign
vessels. If you need additional information listed in this Table of Contents that 6.01-1 Commandant
does not appear in the pages that follow, please write or fax us. We will be glad to Commandant as used in this part, means the Commandant of the United
furnish this information for a small service charge] States Coast Guard
Subpart 6.19—Responsibility for Security of Vessels and Waterfront 6.04-5 Preventing access of persons, articles or things to vessels, or
Facilities waterfront facilities.
6.19-1 Primary responsibility The Captain of the Port may prevent any person, article, or thing from
boarding or being taken or placed on board any vessel or entering or being
taken into or upon or placed in or upon any waterfront facility
33 CFR PART 6
PAGE 1
12
M.E.T. PUBLICATION 515 — 5TH EDITION
whenever it appears to him that such action is necessary in order to secure
such vessel from damage or injury or to prevent damage or injury to any Subpart 6.14—Security of Waterfront Facilities and
vessel, or waterfront facility or waters of the United States, or to secure the Vessels in Port
observances of rights and obligations of the United States.
[EO 11243, 30 FR 13001, Oct. 13. 1365] 6.14-1 Safety measures.
The Commandant, in order to achieve the purposes of this part, may
6.04-6 Establishing security zones; prohibitions with respect thereto. prescribe such conditions and restrictions relating to the safety of waterfront
The Captain of a Port may establish security zones subject to the terms facilities and vessels in port as he finds to be necessary under existing
and conditions specified in §6.01-5. No person or vessel shall enter a circumstances. Such conditions and restrictions may extend, but shall not be
security zone without the permission of the Captain of the Port No person limited to, the inspection, operation, maintenance, guarding, and manning
shall board or take or place any article or thing on board any vessel in a of; and fire-prevention measures for, such vessels and waterfront facilities.
security zone without the permission of the Captain of the Port. No person [EO 10277, 16 FR 7541, Aug. 2. 1951]
shall take or place any article or thing upon any waterfront facility in any
such zone without such permission. 6.14-2 Condition of waterfront facility a danger to vessel
[EO 11243, 30 FR 13001, Oct. 13, 1965] Whenever the captain of the port finds that the mooring of any vessel to a
wharf; dock, pier, or other waterfront structure would endanger such vessel,
6.04-7 Visitation, search, and removal. or any other vessel, or the harbor or any facility therein by reason of
The Captain of the Port may cause to be inspected and searched at any conditions existing on or about such wharf; dock, pier, or other waterfront
time any vessel, waterfront facility, or security zone, or any person, article, structure, including, but not limited to, inadequate guard service,
or thing thereon or therein, within the jurisdiction of the United States, may insufficient lighting, fire hazards, inadequate fire protection, unsafe
place guards upon any such vessel, waterfront facility, or security zone and machinery, internal disturbance, or unsatisfactory operation, the captain of
may remove therefrom any and all persons, articles, or things not the port may prevent the mooring of any vessel to such wharf dock, pier, or
specifically authorized by him to go or remain thereon or therein. other waterfront structure until the unsatisfactory condition or conditions so
[EO 11243, 30 FR 13002, Oct. 13. 1365] found are corrected, and he may, for the same reasons, after any vessel has
been moored, compel the shifting of such vessel from any such wharf dock,
6.04-8 Possession and control of vessels. pier, or other waterfront structure.
The Captain of the port may supervise and control the movement of any [EO 10277, 16 FR 7541, Aug. 2, 1951]
vessel and shall take full or partial possession or control of any vessel or
any part thereof; within the territorial waters of the United States under his Subpart 6.16—Sabotage and Subversive Activity
jurisdiction, whenever it appears to him that such action is necessary in
order to secure such vessel from damage or injury, or to prevent damage or 6.16-1 Reporting of sabotage and subversive activity.
injury to any vessel or waterfront facility or waters of the United States, or Evidence of sabotage or subversive activity involving or endangering any
to secure the observance of rights and obligations of the United States. vessel, harbor, port, or waterfront facility shall be reported immediately to
the Federal Bureau of Investigation and to the captain of the port, or to their
respective representatives.
6.04-11 Assistance of other agencies.
The Captain of the port may enlist the aid and cooperation of Federal,
6.16-3 Precautions against sabotage.
State, county, municipal, and private agencies to assist in the enforcement The master, owner, agent, or operator of a vessel or waterfront facility
of regulations issued pursuant to this part. shall take all necessary precautions to protect the vessel, waterfront facility,
and cargo from sabotage.
Subpart 6.12—Supervision and Control of Explosives or
Other Dangerous Cargo Subpart 6.18—Penalties
PAGE 3
33 CFR PART 6
14
M.E.T. PUBLICATION 515 — 5TH EDITION
20.609 Motion to quash or modify.
TITLE 33
CODE OF FEDERAL REGULATIONS Subpart G—Hearings
PART 20 - CLASS II CIVIL PENALTIES 20.701 Standard of proof
20.702 Burden of proof.
20.703 Presumptions
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." 20.704 Scheduling and notice of hearing
However, we reprinted only those subparts and sections of concern to foreign 20.705 Failure to appear.
vessels. If you need additional information listed in this Table of Contents that 20.706 Witnesses
does not appear in the pages that follow, please write or fax us. We will be glad to 20.707 Telephone testimony.
furnish this information for a small service charge]
20.708 Witness fees
20.709 Closing of the record
TABLE OF CONTENTS 20.710 Proposed findings, closing arguments, and briefs.
PAGE 2
33 CFR PART 20
16
M.E.T. PUBLICATION 515 — 5TH EDITION
to which they are physically attached;
Subpart C—Pleadings and Motions (2) Printed on one side of the page and be clearly typewritten, printed, or
otherwise reproduced by a process that produces permanent and plainly
20.301 Representation. legible copies;
(a) A party may appear either without counsel or other representatives, (3) Double-spaced except for footnotes and long quotations, which may
by an attorney, or by other duly authorized representative. An attorney or be single-spaced;
other duly authorized representative shall file a notice of appearance. The (4) Have a left margin of at least 1 1/2 inches and other margins of at least
notice must indicate— 1 inch; and
(1) The name of the case, including docket number if assigned; (5) Bound on the left side, if bound.
(2) The person on whose behalf the appearance is made; and (c) All documents must be in the English language or, if in a foreign
(3) The person's and representative's mailing addresses and telephone language, accompanied by a certified translation.
numbers. (d) The original of every filed document must be signed by the sub-
(b) Notice, including the items listed in paragraph (a) of this section, mitting person or his or her attorney or representative. Except as otherwise
must also be given for any withdrawal of appearance. provided, filed documents need not be verified or accompanied by an affi-
(c) An attorney shall be a member in good standing of the bar of the davit. The signature constitutes a certification by the signing person that he
highest court of a State, the District of Columbia, or any territory or or she has read the filed document, that to the best of his or her knowledge,
commonwealth of the United States. A personal representation of member- information, and belief the statements made in it are true, and that it is not
ship is sufficient proof, unless otherwise ordered by the Administrative Law intended to cause delay.
Judge.
(d) Any person who is not an attorney shall file a statement setting forth 20.304 Service of documents.
the basis of his or her authority to act as a duly authorized representative. (a) A copy of each document issued by the Administrative Law Judge in
The Administrative Law Judge may deny appearance as a representative to the proceeding is served upon each party. The Administrative Law Judge
any person whom the Administrative Law Judge finds does not possess the shall serve a copy of notices of hearings upon each interested person, as
requisite qualifications to represent others or is lacking in character, determined under §20.404. Unless otherwise provided in this part, a copy
integrity, or proper personal conduct of each document filed with or issued by the Administrative Law Judge in
the proceeding shall be provided to an interested person upon request by
20.302 Filing of documents and other materials. the interested person to the Administrative Law Judge.
(a) All documents and material relating to a class II civil penalty (b) Unless otherwise ordered by the Administrative Law Judge, one copy
proceeding must be filed at the following address: Chief Administrative of all documents filed with the Hearing Docket Clerk must be served upon
Law Judge, Commandant (G-CJ), U.S. Coast Guard, 2100 Second St, SW., each party by the persons filing them.
Washington, DC 20593-0001. Attention: Hearing Docket Clerk. Phone: (c) Every document filed with the Hearing Docket Clerk and required to
(202) 267-2940, Fax: (202) 267-4753. be served upon all parties must be accompanied by a certificate of service
(b) An executed original and one copy of each document (including signed by or on behalf of the party or person making the service, stating
exhibits and supporting affidavits) must be filed with the Hearing Docket that service has been made. Certificates of service should be in
Clerk. One additional copy of each filed document must be filed with the substantially the following form:
assigned Administrative Law Judge. Copies need not be signed, but the
name of the person signing the original must be shown on each copy. I hereby certify that I have this day served the foregoing documents)
(c) In the absence of the assignment of a case to an Administrative Law upon the following parties (or designated representatives) in this
proceeding at the address indicated by (specify the method):
Judge, the Administrative Law Judge's copy will be filed with the Chief
(1) [name/address]__________________
Administrative Law Judge.
(2) [name/address]__________________
(d) Filing may be made by mail or personal delivery. Other methods, Dated at ___, this ____ day of____, 19__.
such as facsimile transmission or other electronic means, may be permitted [Signature]
at the discretion of the Hearing Docket Clerk or the Administrative Law For______________________
Judge. Capacity._________________
(e) When the Hearing Docket Clerk determines that a document, or other
material, offered for filing does not comply with requirements of this part, (d) Service may be made by mail or personal delivery. Other methods of
the Hearing Docket Clerk may decline to accept the document, or other service, such as facsimile transmission or other electronic means, may be
material, for filing, and return it unfiled. Alternatively, the Hearing Docket used, other than for service of the complaint and answer, at the discretion
Clerk may accept it, advise the person offering it of the deficiency, and of the Administrative Law Judge. The Hearing Docket Clerk may place
require the deficiency to be corrected. limitations on the times of and circumstances for service by facsimile
transmission or other electronic means.
(e) Unless otherwise ordered by the Administrative Law Judge, all doc-
20.303 Form and content of filed documents.
uments filed in accordance with §20.302 must be served upon counsel and
(a) A filed document must identify clearly—
representatives or, if not represented, the persons themselves. Service upon
(1) The tine of the proceeding;
counsel or representative will constitute service upon the person to be
(2) The docket number of the case if one has been assigned;
(3) A designation of the type of filing (e.g., petition, notice, motion to served.
dismiss, etc.); (f) Service must be made at the address of the counsel or representative,
(4) The name and designation of the filing party; and or, if not represented, at the last known address of the residence or principal
(5) The filer's address, telephone number, and facsimile transmission place of business of the person to be served.
number (if any) and, if represented, the name, address, telephone number, (g) If service is made by personal delivery, delivery is complete when
and facsimile transmission number (if any) of the filer's representative. the document is handed to the person to be served or delivered to the per-
(b) All filed documents must be— son's office during business hours or, if the person to be served has no
(1) 816 by 11 inches in size except, when necessary, tables, charts, and office, is delivered to the person's residence and deposited in a conspicuous
other attachments may be larger if folded to the size of the filed documents
33 CFR PART 20
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M.E.T. PUBLICATION 515 — 5TH EDITION
of an order of the Commandant assessing or denying a class II civil penalty, (d) For the purposes of paragraph (c) of this section, a reasonable
together with a certification by the Representative that the withdrawal is opportunity to be heard and to present evidence does not include—
made in response to a request by the Attorney General that the Coast Guard (1) Subpoena requests for witnesses;
refrain from administrative action, as provided in section 10(d) of (2) Cross-examination of witnesses; or
Executive Order 12777 (56 FR 54757, 3 CFR 1991 Comp., p. 351). (3) Appearance at settlement conference(s).
(b) Unless otherwise stated in the stipulation or notice of withdrawal, a
withdrawal under paragraph (a) of this section is without prejudice. Subpart E—Conferences and Settlement
(c) Except as provided in paragraph (a) of this section, a class II civil
penalty proceeding may not be withdrawn except by an Administrative Law 20.501 Conferences.
Judge upon such terms and conditions as the Administrative Law Judge (a) The Administrative Law Judge may direct the parties to attend one or
deems proper. more conferences prior to or during the course of the hearing. Parties may
(d) Any party may move to dismiss the complaint, including a request for request a conference by motion.
relief; for— (b) The Administrative Law Judge may provide notice of a conference,
(1) Failure of another party to comply with the requirements of this part other than a settlement conference, to interested persons, as the Administra-
or with any order of the Administrative Law Judge; tive Law Judge deems appropriate.
(2) Failure to prosecute the civil penalty proceeding; or (c) Reasonable notice of the time and place of the conference will be
(3) Failure to show a right to relief based upon the facts or law. given to the parties. A conference may be held in person, by telephone
(e) A dismissal is the decision of the Administrative Law Judge. conference, or by other appropriate means.
[CGD 91-228, 59 FR 15022, Mar. 30, 1994; 53 FR 45757, Sept. 2, 1994] (d) Parties and interested persons when participating, shall be fully
prepared for a useful discussion of all issues involved in the conference,
Subpart D—Proceedings both procedural and substantive, and authorized to make commitments with
respect to the proceedings.
20.401 Initiation of class II civil penalty proceedings. (e) Unless excused by the Administrative Law Judge, failure of a party to
A class II civil penalty proceeding is initiated when the complaint is filed attend or participate in a conference, after being served with reasonable
with the Hearing Docket Clerk and served on the respondent notice of the time and place, will constitute a waiver of all objections to the
agreements reached in the conference and to any order or ruling that
20.402 Public notice. results.
Upon the filing of a complaint, the Coast Guard provides notice of the (f) The Administrative Law Judge may order that any or all of the
proposed issuance of an order assessing a class II civil penalty which is following be addressed or famished before, during, or after, the conference:
responsive to the complaint The notice will be published in the Federal (1) Motions for discovery.
Register. (2) Motions for consolidation or severance of parties or issues in the civil
penalty proceeding.
20.403 Consolidation or severance of class II civil penalty proceedings. (3) Method of service and filing.
(a) An Administrative Law Judge may for good cause, with the approval (4) Identification, simplification, and clarification of the issues.
of the Chief Administrative Law Judge and with notice and opportunity to (5) Requests for amendment of the pleadings.
object provided to all parties, consolidate any or all matters at issue in two (6) Stipulations and admissions of fact and of the content and authentici-
or more class II civil penalty proceedings docketed under this part Good ty of documents.
cause includes cases where mere are common parties or questions of fact (7) A discussion of the desirability of limiting and grouping witnesses,
and where such consolidation would expedite the cases, and the interests of so as to avoid duplication.
justice would be served. Consolidation will not be granted if it will (8) Requests for official notice and particular matters to be resolved by
prejudice any rights available under this part or if it will affect the right of reliance upon the agency's substantive standards, regulations, and rules.
(9) Offers of settlement
any party to raise issues that could have been raised if consolidation had not
(10) Proposed date, time, and place of the hearing.
occurred.
(11) Other matters that may aid in the disposition of the civil penalty
(b) Unless directed otherwise by the Chief Administrative Law Judge,
proceeding.
the presiding Administrative Law Judge may in response to a motion or on
(g) A conference is not to be stenographically reported or otherwise
his or her own motion, for good cause shown, order any class II civil
recorded unless authorized by the Administrative Law Judge.
penalty proceeding severed with respect to some or all parties, claims, and
(h) During a conference, the Administrative Law Judge may dispose of
issues.
any procedural matters on which he or she is authorized to rule.
(i) Actions taken as a result of a conference may be recorded in—
20.404 Interested persons. (1) A written report;
(a) A person not a party to a class II civil penalty proceeding under this (2) A stenographic transcript if ordered by the Administrative Law
part, who wishes to be an interested person in the proceeding, must file with Judge; or
the Hearing Docket Clerk within 30 days after publication in the Federal (3) A statement by the Administrative Law Judge on the record at the
Register of the public notice required by §20.402 either— hearing summarizing the actions taken.
(1) Written comments on the proceeding; or
(2) Written notice of intent to present evidence at any hearing to be held
in the proceeding. 20.302 Settlement.
(b) For good cause shown, the Administrative Law Judge may accept late (a) The parties shall have the opportunity to submit a proposed
comments or late notice of intent to present evidence. settlement to the Administrative Law Judge.
(c) An interested person shall be given notice of any hearing to be held in (b) A settlement must be in the form of a proposed decision and a motion
the proceeding and of the decision in the proceeding. In any hearing the for its entry. It must also include the reasons why it should be accepted, and
interested person shall have a reasonable opportunity to be heard and to it must be signed by the parties or their representatives.
present evidence (c) A proposed settlement must contain—
33 CFR PART 20
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20
M.E.T. PUBLICATION 515 — 5TH EDITION
the request is served for the purpose of inspecting, measuring, surveying, (j) During the taking of a deposition, a party or the witness may request
photographing, testing, or sampling the property or any designated object or suspension of the deposition on the grounds of bad faith in the conduct of
area. A request to permit entry upon property must set form with reasonable the examination, oppression of the witness or party, or improper questioning
particularity the item to be inspected and must specify a reasonable time, or conduct Upon request for suspension, the deposition will be adjourned.
place, and manner for making the inspection and performing the related The objecting party or witness must immediately move the Administrative
acts. Law Judge for a ruling on the objections). The Administrative Law Judge
(f) The party upon whom the request is served shall respond within 30 may then limit the scope or manner of taking the deposition.
days after the service of the request Inspection and related activities will be (k) When a deposition is taken in a foreign country, it may be taken
permitted as requested, unless there are objections, in which case the before a person having power to administer oaths in that location, or before
reasons for each objection must be stated. a secretary of an embassy or legation, consul general, consul, vice consul or
consular agent of the United States, or before such other person or officer as
20.605 Depositions. may be agreed upon by the parties by written stipulation filed with the
(a) The Administrative Law Judge shall order depositions only upon a Administrative Law Judge.
showing of good cause and upon a finding that— (l) Objection to taking a deposition because of the disqualification of the
(1) The information sought cannot be obtained more readily by alter* officer before whom it is to be taken is waived unless made before the
native methods; or taking of the deposition begins or as soon thereafter as the disqualification
(2) There is a substantial reason to believe that relevant and probative becomes known or could have been discovered with reasonable diligence.
evidence may otherwise not be preserved for presentation by a witness at (m) A deposition may be taken by telephone conference call upon such
the hearing. terms, conditions, and arrangements as are prescribed in the order of the
(b) Testimony may be taken by deposition upon approval of the Admin- Administrative Law Judge.
istrative Law Judge of a motion made by any party. (n) The testimony at a deposition hearing may be recorded on videotape,
(1) The motion must state— upon such terms, conditions and arrangements as are prescribed in the order
(i) The purpose and scope of the deposition; of the Administrative Law Judge, at the expense of the party requesting the
(ii) The time and place it is to be taken; recording. The video recording may be in conjunction with an oral
(iii) The name and address of the person before whom the deposition is examination by telephone conference held pursuant to paragraph (m) of this
to be taken; section. After the deposition has been taken, and copies of the video
(iv) The name and address of each witness from whom a deposition is to recording are provided to parties requesting them, the person recording the
be taken; deposition shall immediately place the videotape in a sealed envelope or a
(v) The documents and materials which the witness is requested to pro- sealed videotape container, attaching to it a statement identifying the
duce; and proceeding and the deponent and certifying as to the authenticity of the
(vi) Whether it is intended that the deposition be used at a hearing instead video recording, and return the videotape by accountable means to the
of live testimony. Administrative Law Judge. The deposition becomes a part of the record of
(2) The motion must state if the deposition is to be by oral examination, the proceedings in the same manner as a transcribed deposition. The
by written interrogatories, or a combination of the two. The deposition may videotape, if admitted into evidence, will be played during the hearing and
be taken before any disinterested person authorized to administer oaths in transcribed into the record by the reporter.
the place where the deposition is to be taken.
(c) Upon a showing of good cause the Administrative Law Judge may 20.606 Protective order.
enter and serve upon the parties an order to obtain the testimony of the (a) In considering a motion for an order of discovery, or a motion by a
witness. party or the person from whom discovery is sought to reconsider or amend
(d) If the deposition of a public or private corporation, partnership, an order of discovery, the Administrative Law Judge may make any order
association, or governmental agency is ordered, the organization named that justice requires to protect a party or person from annoyance, embar-
must designate one or more officers, directors, or agents to testify on its rassment, oppression, or undue burden or expense, including—
behalf and may set forth, for each person designated, the matters on which (1) That the discovery may be had only on specified terms and
he or she will testify. Subject to the provisions of 49 CFR part 9 with conditions, including a designation of the time and place;
respect to Coast Guard witnesses, the designated persons shall testify as to (2) That the discovery may be had only by a method of discovery other
matters reasonably known to them. than that selected by the seeking party;
(e) Each witness deposed shall be placed under oath or affirmation, and (3) That particular matters may not be inquired into, or that the scope of
the other parties shall have the right to cross-examine. the discovery shall be limited to particular matters;
(f) The witness being deposed may have counsel or another representa- (4) That discovery shall be conducted with no one present except persons
tive present during the deposition. designated by the Administrative Law Judge;
(g) Except as provided in paragraph (n) of this section, depositions shall (5) That a trade secret or other proprietary information may not be
be stenographically recorded and transcribed at the expense of the party re- disclosed, may be disclosed only in a designated way, or may be disclosed
questing the deposition. Unless waived by the deponent, the transcription only to designated persons; or
must be read by or read to the deponent, subscribed by the deponent, and (6) That the party or the other person from whom discovery is sought file
certified by the person before whom the deposition was taken. specified documents or information under seal to be opened as directed by
(h) Subject to objections to the questions and responses as were noted at the Administrative Law Judge.
the time of taking of the deposition and which would have been sustained (b) The Administrative Law Judge may permit a party or a person from
if the witness were personally present and testifying, a deposition may be whom discovery is sought and who is seeking a protective order to make all
offered into evidence by the party taking it against any party who was or part of the showing of good cause in camera. A record of the in camera
present or represented at the taking of the deposition or who had notice of proceedings must be made. If the Administrative Law Judge enters a
the deposition. protective order, any in camera record of the showing must be sealed and
(i) The party requesting the deposition shall make appropriate arrange- only released as required by law.
ments for necessary facilities and personnel. (c) The Administrative Law Judge may upon motion by a party or by a
20.706 Witnesses.
20.609 Motion to quash or modify.
(a) Witnesses shall testify under oath or affirmation.
(a) The person to whom a subpoena is directed may, by motion with no- (b) If a witness fails or refuses to testify, the failure or refusal to answer
tice to the party requesting the subpoena, petition the Administrative Law any question found by the Administrative Law Judge to be proper shall be
Judge to quash or modify the subpoena.
grounds for striking all or part of the testimony which may have been given
(b) Except when made at a hearing, the motion must be filed within 10
by the witness, or for any other action deemed appropriate by the
days after service of a subpoena for attendance of a witness or a subpoena
Administrative Law Judge.
for production of evidence, but in any event at or before the time specified
in the subpoena for compliance.
(c) If served at the hearing, the person to whom the subpoena is directed 20.707 Telephone testimony.
(a) The Administrative Law Judge may order that testimony of a witness
may, by oral application at the hearing, or within a reasonable time fixed by
be taken by telephone conference call. A person presenting evidence may
the Administrative Law Judge, petition the Administrative Law Judge to
request by motion to have testimony taken by telephone conference call.
quash or modify the subpoena.
(d) The Administrative Law Judge may quash or modify the subpoena if The telephone conference call will be arranged so that all participants can
it is unreasonable or requires evidence not relevant to any matter in issue or listen to and speak to each other in the hearing of the Administrative Law
may deny the request Judge. The Administrative Law Judge shall ensure that all participants in
the telephone conference are property identified to allow a proper record to
Subpart G—Hearings be made by the reporter. Telephone conferences are governed by this part.
(b) A witness may be subpoenaed to testify by telephone conference call.
The subpoena in such instances is issued under the procedures in §20.608.
20.701 Standard of proof.
The party with the burden of proof shall prove the party's case or
33 CFR PART 20
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22
M.E.T. PUBLICATION 515 — 5TH EDITION
20.708 Witness fees. (b) Where the Administrative Law Judge determines that information in
(a) Witnesses summoned in a class II civil penalty proceeding shall documents containing proprietary matters should be made available to
receive the same fees and mileage as witnesses in the courts of the United another party, the Administrative Law Judge may direct the party having
States. possession of the documents to prepare a non-proprietary summary or
(b) The party or interested person who calls a witness is responsible for extract of the original. The summary or extract may be admitted as
any fees and mileage to be received by the witness under paragraph (a) of evidence in the record.
this section. (c) If the Administrative Law Judge determines that this procedure is in-
adequate and that proprietary matters must form part of the record in order
to avoid prejudice to a party, the Administrative Law Judge may advise the
20.709 Closing of the record.
At the conclusion of the hearing, the record of the proceeding, as parties and provide opportunity for arrangements to permit a party or
described in §20.903, will be closed unless the Administrative Law Judge representative to have access to the evidence.
directs otherwise. Once the record is closed, it may be reopened at the [CGD 91-228, 59 FR 15022, Mar. 30, 1994; 59 FR 45757, Sept. 2, 1994]
discretion of the Administrative Law Judge. The Administrative Law Judge
may correct the transcript of the hearing by appropriate order. 20.806 Official notice.
The Administrative Law Judge may take official notice of such matters as
might be judicially noticed by the courts or of other facts within the
20.710 Proposed findings, closing arguments, and briefs.
specialized knowledge of the Coast Guard as an expert body. Where a de-
Before the Administrative Law Judge's decision and upon terms which
the Administrative Law Judge may find reasonable, any party shall be cision or part of a decision rests on the official notice of a material fact not
entitled to file a brief, a proposed findings of fact and conclusions of law, or appearing in the evidence in the record, the fact of official notice must be
both. Before the close of the hearing, the Administrative Law Judge may stated in the decision, and any party, upon timely request, shall be afforded
hear oral argument to the extent the Administrative Law Judge deems an opportunity to show the contrary.
appropriate. Any brief, proposed findings of fact and conclusions of law,
and oral argument must be included as part of the record of the proceeding. 20.807 Exhibits and documents.
(a) All exhibits must be numbered and marked with a designation
Subpart H—Evidence identifying the party or interested person introducing the exhibit The
original of each exhibit offered in evidence or marked for identification
20.801 General. must be filed and retained in the record of the proceeding, unless the
A party is entitled to present its case or defense by oral, documentary, or Administrative Law Judge permits the substitution of copies for the original
demonstrative evidence; to submit rebuttal evidence; and to conduct any document Copies of each exhibit must be supplied by the party or interested
cross-examination that may be required for a full and true disclosure of the person introducing the exhibit to the Administrative Law Judge and to
facts. every party to the proceeding.
(b) Unless otherwise directed by the Administrative Law Judge, proposed
exhibits to be offered upon direct examination should be exchanged or
20.802 Admissibility of evidence.
made available for inspection 5 days prior to the hearing. The authenticity
(a) The Administrative Law Judge may admit any relevant oral,
of all exhibits submitted prior to the hearing will be deemed admitted unless
documentary, or physical evidence, unless privileged.
written objection is filed and served on all parties, or unless good cause is
(b) Relevant evidence is evidence having any tendency to make the ex-
shown for failure to file a written objection.
istence of any material fact more probable or less probable than it would be
without the evidence.
(c) The Administrative Law Judge may exclude evidence if its probative 20.808 Written testimony.
value is substantially outweighed by the danger of unfair prejudice, by The Administrative Law Judge may enter into the record written
confusion of the issues, or by considerations of undue delay, waste of time, statements of witnesses that are sworn or affirmed under penalties of
or needless presentation of cumulative evidence. perjury. Witnesses whose testimony is presented by written statement shall
be or have been available for oral cross-examination.
20.803 Hearsay evidence.
Hearsay evidence is admissible in proceedings governed by this part. The 20.809 Stipulations.
fact that evidence is hearsay may be considered by the Administrative Law The parties and interested persons may stipulate, in writing, at any stage
Judge when determining the probative weight of the evidence. of the proceeding or orally at the hearing, to any pertinent facts or other
matters fairly susceptible of stipulation. Stipulations are binding on the
parties to the stipulation.
20.804 Objections and offers of proof.
(a) A party shall state briefly the grounds for objection to the admission Subpart I—Decisions
or exclusion of evidence. Rulings on all objections must appear in the
record. Only objections made before the Administrative Law Judge may be
raised on appeal. 20.901 Summary decision.
(b) Whenever evidence is excluded, the party offering such evidence may (a) Any party may, after commencement of the proceeding and at least
make an offer of proof, which must be included in the record. 15 days before the date fixed for the hearing, with or without supporting
affidavits, move for a summary decision in the party's favor in all or any
part of the proceeding on the grounds that there is no genuine issue as to
20.805 Proprietary information. any material fact and that the moving party is entitled to a decision as a
(a) Without limiting the discretion of the Administrative Law Judge to matter of law. Any other party may, within 10 days after service of the
give effect to applicable privileges, the Administrative Law Judge may motion, serve opposing affidavits or countermove for summary decision.
limit introduction of evidence or issue such protective or other orders that in
The Administrative Law Judge may set the matter for argument and call for
his or her judgment may be consistent with the objective of preventing
the submission of briefs.
undue disclosure of proprietary matters, including, but not limited to, (b) The Administrative Law Judge may grant the motion if the filed
matters of a business nature.
33 CFR PART 20
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M.E.T. PUBLICATION 515 — 5TH EDITION
documents, affidavits, material obtained by discovery or otherwise, or Law Judge's decision becomes an order of the Commandant assessing or
matters officially noted show that there is no genuine issue as to any denying a class II civil penalty.
material fact and that a party is entitled to a summary decision as a matter of (d) The filing of a motion to reopen the record does not affect the ap-
law. peals periods specified in subpart J of this part, except that a motion to
(c) Affidavits must set forth such matters as would be admissible in reopen the record tolls any time remaining in the appeals periods from the
evidence and must show affirmatively that the affiant is competent to testily date of filing the motion until the Administrative Law Judge acts on the
to the matters stated in the affidavit. When a motion for summary decision motion or the motion is withdrawn.
is made and supported as provided in this section, a party opposing the
motion may not rest upon the mere allegations or denials of facts contained Subpart J—Appeals
in the opposing party's pleadings. The response to the motion, by affidavits
or as otherwise provided in this section, must provide a specific basis to 20.1001 General.
show that mere is a genuine issue of fact for the hearing. (a) A party may appeal the Administrative Law Judge's decision by filing
(d) Should it appear from the affidavits of a party opposing the motion a notice of appeal with the Commandant A party shall file the notice of
that the opposing party cannot, for reasons stated, present by affidavit appeal with the Commandant (G-CJ), U.S. Coast Guard Headquarters,
matters essential to justify the party's opposition, the Administrative Law 2100 Second Street, SW., Washington, DC 20593-0001, Attention: Hearing
Judge may deny the motion for summary decision, may order a continuance Docket Clerk. A party shall file the notice of appeal not later than 30 days
to permit information to be obtained, or may make such other order as is after issuance of the Administrative Law Judge's decision, and shall serve a
just copy of the notice of appeal on the other party and each interested person.
(e) The denial of all or any part of a motion for summary decision shall (b) A party may appeal only the following issues:
not be subject to interlocutory appeal. (1) Whether each finding of fact is supported by substantial evidence.
(2) Whether each conclusion of law is made in accordance with
20.902 Decision of the Administrative Law Judge. applicable law, precedent, and public policy.
(a) After the closing of the record of the proceeding, the Administrative (3) Whether there were any abuses of discretion by the Administrative
Law Judge shall prepare a decision containing— Law Judge.
(1) Findings on all material issues of fact and conclusions of law, and the (4) The Administrative Law Judge's denial of a motion for
basis for each; disqualification.
(2) The disposition of the case, including the assessment of a class II civil (c) An interested person may appeal a summary decision but only on the
penalty, as appropriate; issue that a hearing was not held and that evidence to be presented by the
(3) The date upon which the decision will become effective; interested person was not considered in the issuance of the decision by the
(4) A statement of further right to appeal; and Administrative Law Judge. The appeal shall be made in accordance with
(5) If no hearing was held, a statement of the right of any interested the procedural requirements of this subpart
person to petition the Commandant to set aside the decision.
(b) The decision of the Administrative Law Judge must be based upon a 20.1002 Record on appeal.
consideration of the whole record of the proceedings. (a) The record of the proceeding will constitute the record for decision
on appeal.
20.903 Record of proceedings. (b) If the respondent requests a copy of the transcript of the hearing in
(a) The record of testimony at the hearing, all exhibits received into the notice of appeal and the hearing was recorded or transcribed at
evidence, any items marked as exhibits and not received into evidence, all government expense, the transcript will be provided upon payment of the
motions, all applications, all requests, and all rulings will constitute the fees prescribed in 49 CFR 7.95. If the services of a government contractor
official record of a proceeding. Any proceedings regarding the disqualifica- were utilized, the transcript must be obtained under the provisions of 49
tion of an Administrative Law Judge will be included in the record. CFR 7.99.
(b) Any person may examine the record of a proceeding at the Hearing
Docket Office, U.S. Coast Guard Headquarters, 2100 Second Street, SW., 20.1003 Procedures for appeal
Washington, DC 20593-0001. Any person may secure a copy of part or all (a) A party seeking appeal shall file an appeal brief with the Comman-
of the record after payment of reasonable costs for duplication in accor- dant and shall serve a copy of the appeal brief on each other party.
dance with 49 CFR part 7. (1) The appeal brief must set forth the party's specific objections to the
[CGD 91-228, 59 FR 15022 Mar. 30, 1994; 59 FR 45757, Sept 2. 1994] initial decision or rulings. The appeal brief must set form, in detail—
(i) The basis for the appeal;
20.904 Reopening. (ii) The reasons supporting the appeal; and
(a) To the extent permitted by law, the Administrative Law Judge, for (iii) The relief requested in the appeal.
(2) When the party relies on material contained in the record for the ap-
good cause shown in accordance with paragraph (c) of this section, may
peal, the appeal brief must specifically refer to the pertinent portions of the
reopen the record of a proceeding for the purpose of taking additional
record.
evidence.
(3) The appeal brief must be submitted to the Commandant within 60
(b) Any party may file a motion to reopen the record within 30 days of
days after service of the Administrative Law Judge's decision. After this
the closing of the record of a proceeding.
time has elapsed, additional filings will not be considered as a part of the
(1) Any motion to reopen the record must clearly set form the facts sought
record of the appeal, unless an extension of time has been granted in
to be proven and the reasons claimed to constitute grounds for reopening the
writing by the Commandant or the Commandant's designee and the ex-
record.
tended time limit has been met
(2) A party who does not file a response to any motion to reopen the
(b) Any party may file a reply brief with the Commandant no later than
record will be deemed to have waived any objection to the motion.
35 days after being served with the appeal brief. The party filing a reply
(c) If the Administrative Law Judge has reason to believe that reopening
brief will serve a copy on all parties. If the party filing a reply brief relies
the record of a proceeding is warranted by any changes in conditions of fact
on evidence contained in the record for the appeal, the party shall
or of law or by the public interest, the record of the proceeding may be
specifically refer to the pertinent evidence contained in the transcript
reopened by the Administrative Law Judge before the Administrative
20.1101 Finality.
(a) Unless appealed pursuant to subpart J of this part, a decision by the
Administrative Law Judge becomes an order assessing or denying a class II civil
penalty 30 days after the date of the issuance of Administrative Law Judge's
decision.
(b) If the Commandant issues a decision under subpart J of this part, the
decision of the Commandant constitutes an order assessing or denying a class II
civil penalty on the date issued.
(c) The order assessing or denying a class II civil penalty is the order of the
Commandant
benefits are provided under the Federal Employees' Compensation Act, the
Longshoremen's and Harbor Workers' Compensation Act, or any other system
of compensation where contribution is made or insurance premiums paid
directly or indirectly by the United States on behalf of the injured employee;
(d) Is one for which a foreign country is responsible under Article VIII of
the Agreement Regarding the Status of Forces of Parties to the Norm Atlantic
Treaty, or other similar treaty agreement;
(e) Arises from private or domestic obligations as distinguished from
governmental transactions;
(f) Is a bastardy claim; or
(g) Involves a patent or copyright infringement
PAGE 3
33 CFR PART 25
28
M.E.T. PUBLICATION 515 — 5TH EDITION
encompassing a specific VTS area of service as described in Part 161 of
TITLE 33 this chapter. This area of service may be subdivided into sectors for the
CODE OF FEDERAL REGULATIONS purpose of allocating responsibility to individual Vessel Traffic Centers or
PART 26 - VESSEL BRIDGE-TO-BRIDGE to identify different operating requirements
RADIOTELEPHONE REGULATIONS Note: Although regulatory jurisdiction is limited to the navigable waters
of the United States, certain vessels will be encouraged or may be required,
as a condition of port entry, to report beyond this area to facilitate traffic
management within the VTS area.
[MET Editorial Note: This page shows the entire Table of Contents for this "Part."
(Rule 1, International Regulations for Preventing Collisions at Sea, 1972
However, we reprinted only those subparts and sections of concern to foreign
(as rectified), E.O. 11964 (14 U.S.C. 2), 49 CFR 1.46(b))
vessels. If you need additional information listed in this Table of Contents that does
[CGD 71-114R, 37 FR 12720, June 28, 1972, as amended by CGD 77-118a, 42
not appear in the pages that follow, please write or fax us. We will be glad to furnish
FR 35784, July 11, 1977; CGD 90-020, 59 FR 36322, July 15, 1994]
this information for a small service charge]
New York3
New York Traffic4 156.550 MHz (Ch. 11) and The navigable waters of the Lower New York Harbor bounded on the east by
156.700 MHz (Ch. 14) a line drawn from Norton Point to Breezy Point; on the south by a line
connecting the entrance buoys at the Ambrose Channel, Swash Channel and
Sandy Hook Channel to Sandy Hook Point; and on the southeast including
the waters of the Sandy Hook Bay south to a line drawn at latitude 40°25'N.;
then west into waters of the Raritan Bay to the Raritan River Rail Road
Bridge; and then north including the waters of the Arthur Kill and Newark
Bay to the Lehigh Valley Draw Bridge at latitude 40°41.95' N.; and then east
including the waters of the Kill Van Kull and Upper New York Bay norm to a
line drawn east-west from the Holland Tunnel Ventilator Shaft at latitude
40°43.7' N.; longitude 74°01.6' W, in the Hudson River; and continuing east
including the waters of the East River to the Throgs Neck Bridge, excluding
the Harlem River.
156.600 MHz (Ch. 12) Each vessel at anchor within the above areas. The navigable waters north 29°
Houston3 N, west of 94°20' W., south of 29°49' N., and east of 95°20'W.;
Houston Traffic 156.550 MHz (Ch. 11) The navigable waters north of a line extending due west from the southern
most end of Exxon Dock #1 (29°43.37' N., 95°01.27' W.).
156.600 MHz (Ch. 12) The navigable waters south of a line extending due west from the southern
most end of Exxon Dock #1 (29°43.37' N., 95°01.27' W.).
Berwick Bay Berwick Traffic 156.550 MHz (Ch. 11) The navigable waters south of 29°45' N., west of 91°10' W., north of 29°37'
N., and east of 91°18'W.
St. Marys River
Soo Control 156.600 MHz (Ch. 12) The navigable waters of the St. Marys River between 45°57' N. (De Tour
Reef Light) and 46°38.7' N. (Ile Parisienne Light), except the St. Marys Falls
Canal and those navigable waters east of a line from 46°04.16' N. and
46°01.57' N. (La Pointe to Sims Point in Potagannissing Bay and Worsley
Bay).
San Francisco3
San Francisco Offshore Vessel 156.600 MHz (Ch. 12) The waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8' N.,
Movement Reporting Service. l22°34.6' W.) excluding the San Francisco Offshore Precautionary Area.
San Francisco Traffic 156.700 MHz (Ch. 14) The waters of the San Francisco Offshore Precautionary Area eastward to San
Francisco Bay including its tributaries extending to the ports of Stockton,
Sacramento, and Redwood City.
Puget Sound5
Seattle Traffic6 156.700 MHz (Ch. 14) The navigable waters of Puget Sound, Hood Canal and adjacent waters south
of a line connecting Marrowstone Point and Lagoon Point in Admiralty Inlet
and south of a line drawn due east from the southernmost tip of Possession
Point on Whidbey Island to the shoreline.
156.250 MHz (Ch. 5A) The navigable waters of the Strait of Juan de Fuca east of 124°40' W. ex-
cluding the waters in the central portion of the Strait of Juan de Fuca north
and east of Race Rocks; the navigable waters of the Strait of Georgia east of
122°52' W.; the San Juan Island Archipelago, Rosario Strait, Bellingham
Bay; Admiralty Inlet north of a line connecting Marrowstone Point and
Lagoon waters of the Strait of Georgia east of 122°52' W.; the San Juan
Island Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of
a line connecting Marrowstone Point and Lagoon Point and all waters east of
Whidbey Island norm of a line drawn due east from the southernmost tip of
Possession Point on Whidbey Island to the shoreline.
Tofino Traffic7 156.725 MHz (Ch. 74) The waters west of 124°40' W. within 50 nautical miles of the coast of
Vancouver Island including the waters north of 48° N., and east of 127° W.
Vancouver Traffic 156.550 MHz (Ch. 11) The navigable waters of the Strait of Georgia west of 122°52' W., the
navigable waters of the central Strait of Juan de Fuca north and east of Race
Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait
Prince William Sound8
Valdez Traffic 156.650 MHz (Ch. 13) The navigable waters south of 61°05' N., east of 147 20' W., norm of 60° N.,
and west of 146°30' W.; and, all navigable waters in Port Valdez.
Louisville8
Louisville Traffic 156.650 MHz (Ch. 13 ) The navigable waters of the Ohio River between McAlpine Locks (Mile 606)
and Twelve Mile Island (Mile 593), only when the McAlpine upper pool
gauge is at approximately 13.0 feet or above.
PAGE 2
33 CFR PART 26
30
M.E.T. PUBLICATION 515 — 5TH EDITION
Notes:
1
VTS regulations are denoted in 33 CFR Part 161. All geographic coordinates (latitude and longitude) are expressed in North American Datum of 1983
(NAD 83).
2
In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion on a designated VTS frequency, communi-
cations may be established on an alternate VTS frequency. The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each
VTS area; and it may be used as an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that provided by other
means.
3
Designated frequency monitoring is required within U.S. navigable waters. In areas which are outside the U.S. navigable waters, designated frequency
monitoring is voluntary. However, prospective VTS Users are encouraged to monitor the designated frequency.
4
VMRS participants shall make their initial report (Sail Plan) to New York Traffic on Channel 11 (156.550 MHz). All other reports, including the Final
Report, shall be made on Channel 14 (156.700 MHz). VMRS and other VTS Users shall monitor Channel 14 (156.700 MHz) while transiting the VTS area.
New York Traffic may direct a vessel to monitor and report on either primary frequency depending on traffic density, weather conditions, or other safety
factors. This does not require a vessel to monitor both primary frequencies.
5
A Cooperative Vessel Traffic Service was established by the United States and Canada within adjoining waters. The appropriate vessel traffic center
administers the rules issued by both nations; however, ft will enforce only its own set of rules within its jurisdiction.
6
Seattle Traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz or 156.700 MHz (Channel 5A or 14) depending on traffic
density, weather conditions, or other safety factors, rather than strictly adhering to the designated frequency required for each monitoring area as defined
above. This does not require a vessel to monitor both primary frequencies.
7
A portion of Tofino Sector's monitoring area extends beyond the defined CVTS area. Designated frequency monitoring is voluntary in these portions
outside of VTS jurisdiction, however, prospective VTS Users are encouraged to monitor the designated frequency.
8
The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is used in these VTSs because the level of radiotelephone transmissions does
not warrant a designated VTS frequency. The listening watch required by 26.05 of this chapter is not limited to the monitoring area.
[CGD 91-046, 57 FR 14485, Apr.21, 1992; 57FR 21740, May22, 1992, as amended by CGD 90-020, 59 FR 36322 July 15, 1994; CGD 95-033, 60 FR 28328, May 31, 1995;
61 FR 45323, Aug. 23, 1996]
rules for Great Lakes and their connecting and tributary waters (33 U.S.C. 241
et seq.) are exempt from the requirements of the Vessel Bridge-to-Bridge
Radiotelephone Act and this part until May 6, 1975.
(b) Each vessel navigating on the Great Lakes as defined in the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2001 et seq.) and to which the
Vessel Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208) applies is
exempt from the requirements in 33 U.S.C. 1203, 1204, and 1205 and the
regulations under §§26.03, 26.04, 26.05, 26.06, and 26.07. Each of these
vessels and each person to whom 33 U.S.C. 1208(a) applies must comply with
Articles VII, X, XI, XII, XIII, XV, and XVI and Technical Regulations 1-9 of
"The Agreement Between the United States of America and Canada for
Promotion of Safety on the Great Lakes by Means of Radio, 1973."
[CGD 72-223R, 37 FR 28633, Dec. 28, 1972, as amended by CGD 74-231, 39 FR
44880, Dec. 30, 1974; CGD 83-003, 48 FR 7442, Feb. 18, 1983; CGD 31-046, 57 FR
14486, Apr. 21, 1992]
26.10 Penalties.
Section 9 of the Act states:
(a) Whoever, being the master or person in charge of a vessel subject to the
Act, fails to enforce or comply with the Act or the regulations hereunder; or
whoever, being designated by the master or person in charge of a vessel
subject to the Act to pilot or direct the movement of a vessel fails to enforce or
comply with the Act or the regulations hereunder—is liable to a civil penalty
of not more than $500 to be assessed by the Secretary.
(b) Every vessel navigated in violation of the Act or the regulations
hereunder is liable to a civil penalty of not more than $500 to be assessed by
the Secretary, for which the vessel may be proceeded against in any District
Court of the United States having jurisdiction.
(c) Any penalty assessed under this section may be remitted or mitigated by
the Secretary, upon such terms as he may deem proper.
33 CFR PART 62
PAGE 1
33
M.E.T. PUBLICATION 515 — 5TH EDITION
Buoyage System. The IALA Maritime Buoyage System is followed by Conventional Direction of Buoyage. Normally, the Conventional Direction
most of the world's maritime nations and will improve maritime safety by of Buoyage is the direction in which a vessel enters navigable channels
encouraging conformity in buoyage systems worldwide. IALA buoyage is from seaward and proceeds towards the head of navigation. In the absence
divided into two regions made up of Region A and Region B. All navigable of a route leading from seaward, the Conventional Direction of Buoyage
waters of the United States follow IALA Region B, except U.S. possessions generally follows a clockwise direction around land masses. For example,
west of the International Date Line and south of 10 degrees north latitude, proceeding southerly along the Atlantic Coast, from Florida to Texas along
which follow IALA Region A. Lateral aids to navigation in Region A vary the Gulf Coast, and northerly along the Pacific Coast are considered as
from those described throughout tills Subpart. Non-lateral aids to proceeding in the Conventional Direction of Buoyage. In some instances,
navigation are the same as those used in Region B. See §62.25. Appropriate this direction must be arbitrarily assigned. Where doubt exists, the mariner
nautical charts and publications should be consulted to determine whether should consult charts and other nautical publications.
the Region A or Region B marking schemes are in effect for a given area. (0 Although aids to navigation are maintained to a reasonable degree of
(b) The U.S. Aids to Navigation System is designed for use with nautical reliability, the rigors of the marine environment and various equipment
charts. Nautical charts portray the physical features of the marine environ- failures do cause discrepancies on occasion.
ment, including soundings and other submarine features, landmarks, and (g) The Coast Guard makes reasonable efforts to inform the navigator of
other aids necessary for the proper navigation of a vessel. This crucial known discrepancies, and to correct them within a reasonable period of
information cannot be obtained from other sources, even ones such as time, depending upon resources available. Occasionally, a temporary aid to
topographic maps, aeronautical charts, or atlases. The exact meaning of an navigation, which provides different but similar service, is deployed until
aid to navigation may not be clear to the mariner unless the appropriate permanent repairs can be made to the original aid. Notification of such
chart is consulted, as the chart illustrates the relationship of the individual temporary changes is made through the notice to mariners system.
aid to navigation to channel limits, obstructions, hazards to navigation, and (h) Until 1994, some private aids to navigation may display characteris-
to the total aids to navigation system. tics at variance with the U.S. Aids to Navigation System. Mariners should
(c) The navigator should maintain and consult suitable publications and exercise caution when using private aids to navigation because private aids
instruments for navigation depending on the vessel's requirements. This are often established to serve the needs of specific users rather than general
shipboard equipment is separate from the aids to navigation system, but is navigation and their purpose may not be obvious to casual users; and,
often essential to its use. The following publications are available from the discrepancies to private aids are often detected, reported, and corrected less
U.S. Government to assist the navigator promptly than discrepancies to Coast Guard aids to navigation.
(1) The Light List, published by the Coast Guard and available through [CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR
the Government Printing Office or authorized sales agents, lists federal and 48608, Nov. 24, 1989]
private aids to navigation. It includes alt major Federal aids to navigation
and those private aids to navigation, which have been deemed to be 62.23 Beacons and buoys.
important to general navigation, and includes a physical description of these (a) Aids to navigation are placed on shore or on marine sites to assist a
aids and their locations. navigator to determine his position or safe course. They may mark limits of
(2) The United States Coast Pilot, published by the National Ocean navigable channels, or warn of dangers or obstructions to navigation. The
Service and available through that agency or authorized nautical chart sales primary components of the U.S. Aids to Navigation System are beacons
agents, supplements the information shown on nautical charts. Subjects and buoys.
such as local navigation regulations, channel and anchorage peculiarities, (b) Beacons are aids to navigation structures which are permanently fixed
dangers, climatological data, routes, and port facilities are covered. to the earth's surface. They range from large lighthouses to small, single-
(3) Local Notices to Mariners are published by local Coast Guard District pile structures and may be located on land or in the water. Lighted beacons
Commanders. Persons may be placed on the mailing list to receive local are called lights; unlighted beacons are called daybeacons.
Notices by contacting the Aids to Navigation and Waterway Management (1) Beacons exhibit a daymark. For small structures these are colored
Branch of the appropriate Coast Guard District These notices pass geometric shapes which make an aid to navigation readily visible and easily
information affecting navigation safety. Changes to aids to navigation, identifiable against background conditions. Generally, the daymark conveys
reported dangers, scheduled construction or other disruptions, chart to the mariner, during daylight hours, the same significance as does the
corrections and similar useful marine information is made available through aid's light or reflector at night. The daymark of large lighthouses and
this publication. towers, however, consists of the structure itself. As a result, these daymarks
(4) The Notice to Mariners is a national publication similar to the Local do not infer lateral significance.
Notice to Mariners, published by the Defense Mapping Agency, and avail- (2) Vessels should not pass beacons close aboard due to the danger of
able by writing: Director, Defense Mapping Agency, Combat Support collision with rip-rap or structure foundations, or the obstruction or danger
Center, Code PMSA, Washington, DC 20315-0010. A letter of justification that the aid marks.
should be included in the request This publication provides ocean going (c) Buoys are floating aids to navigation used extensively throughout
vessels significant national and international navigation and safety U.S. waters. They are moored to the seabed by sinkers with chain or other
information. moorings of various lengths.
(5) The mariner should also listen to Coast Guard Broadcast Notices to (1) The daymark of a buoy is the color and shape of the buoy and, if so
Mariners. These broadcasts update the Local Notice to Mariners with more equipped, of the topmark.
timely information. Mariners should monitor VHF-FM channel 16 to locate (i) Can buoys have a cylindrical shape.
Coast Guard Marine Information Broadcasts. (ii) Nun buoys have a tapered, conical shape.
(d) The U.S. Aids to Navigation System is primarily a lateral system (iii) Pillar buoys have a wide cylindrical base supporting a narrower
which employs a simple arrangement of colors, shapes, numbers, and light superstructure. They may be surmounted by colored shapes called
characteristics to mark the limits of navigable routes. This lateral system is topmarks.
supplemented by nonlateral aids to navigation where appropriate. (iv) Spherical buoys have a round shape.
(e) Generally, lateral aids to navigation indicate on which side of a vessel (2) Mariners attempting to pass a buoy close aboard risk collision with a
an aid to navigation should be passed when the vessel is proceeding in the yawing buoy, the buoy's mooring, or with the obstruction which the buoy
marks.
(3) Mariners should not rely on buoys alone for determining their
PAGE 2
33 CFR PART 62
34
M.E.T. PUBLICATION 515 — 5TH EDITION
positions due to factors limiting their reliability. Prudent mariners -will use 62.29 Isolated Danger Marks.
bearings or angles from beacons or other landmarks, soundings, and various Isolated Danger Marks indicate an isolated danger which may be passed
methods of electronic navigation. Buoys vary in reliability because: on all sides. As these marks are erected or moored on or near dangers, they
(i) Buoy positions represented on nautical charts are approximate posi- should not be approached closely without special caution. These marks are
tions only, due to practical limitations in positioning and maintaining buoys colored black with one or more broad horizontal red bands and are equip-
and their sinkers in precise geographical locations. ped with a topmark of two black spheres, one above the other. [CGD 86-031,
(ii) Buoy moorings vary in length. The mooring lengths define a "watch 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR 48608, Nov. 24,
circle", and buoys can be expected to move within this circle. Actual watch 1989]
circles do not coincide with the dots or circles representing them on charts.
(iii) Buoy positions are normally verified during periodic maintenance
62.31 Special Marks.
visits. Between visits, environmental conditions, including atmospheric and Special marks are not primarily intended to assist safe navigation, but to
sea conditions, and seabed slope and composition, may shift buoys off their indicate special areas or features referred to in charts or other nautical
charted positions. Also buoys may be dragged off station, sunk, or capsized publications. They may be used, for example, to mark anchorages, cable or
by a collision with a vessel. pipeline areas, traffic separation schemes, military exercise zones, ocean
[CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351, Dec. 5, data acquisition systems, etc. Special marks are colored solid yellow.
1987]
62.33 Information and regulatory marks.
62.25 Lateral marks. Information and Regulatory Marks are used to alert the mariner to
(a) Lateral marks define the port and starboard sides of a route to be
various warnings or regulatory matters. These marks have orange
followed. They may be either beacons or buoys.
geometric shapes against a white background. The meanings associated
(b) Sidemarks are lateral marks which advise the mariner to stay to one
with the orange shapes are as follows:
side of the mark. Their most frequent use is to mark the sides of channels; (a) A vertical open-faced diamond signifies danger.
however, they may be used individually to mark obstructions outside of (b) A vertical diamond shape having a cross centered within indicates
clearly defined channels. Sidemarks are not always placed directly on a that vessels are excluded from the marked area.
channel edge and may be positioned outside the channel as indicated on (c) A circular shape indicates that certain operating restrictions are in
charts and nautical publications. effect within the marked area.
(1) Port hand marks indicate the left side of channels when proceeding in (d) A square or rectangular shape will contain directions or instructions
the Conventional Direction of Buoyage. Beacons have green square lettered within the shape.
daymarks, while buoys are green can or pillar buoys.
(2) Starboard hand marks indicate the right side of channels when
62.35 Mooring buoys.
proceeding in the Conventional Direction of Buoyage. Beacons have red
Mooring Buoys are white with a blue horizontal band. This distinctive
triangular daymarks, while buoys are red nun or pillar buoys.
color scheme is recommended to facilitate identification and to avoid
(c) Preferred channel marks indicate channel junctions or bifurcations
confusion with aids to navigation.
and may also mark wrecks or obstructions which the mariner, after
consulting a chart to ascertain the location of the obstruction relative to the
aid, may pass on either side. Preferred channel marks have red and green 62.37 Lighthouses.
horizontal bands with the color of the topmost band indicating the preferred Lighthouses are prominent beacons of varying size, color, and appear-
channel. If the topmost band is green, the mark serves as a port hand mark ance employed to mark headlands, landfalls, harbor entrances, channel
for vessels following the preferred channel proceeding in the Conventional edges, hazards, and other features. While normally identified by their
Direction of Buoyage, and as a starboard hand mark for the other channel. distinctive appearance, some lighthouses display diamond shaped,
Beacons would have square daymarks, while buoys would be can or pillar checkered daymarks to facilitate recognition.
buoys. If the topmost band is red, the mark serves as a starboard hand mark
for vessels following the preferred channel proceeding in the Conventional 62.39 Large navigational buoys.
Direction of Buoyage, and a port hand mark for the other channel. Beacons Large Navigational Buoys (LNB's) may be considered floating
would have triangular daymarks, while buoys would be nun or pillar buoys. lighthouses. They generally provide light, sound, and radiobeacon signals,
(d) The above color schemes apply to IALA Region B. Marks located in and some are equipped with radar beacons (racons). LNB's are red in color,
the IALA Region A exhibit reversed color significance: port hand marks have forty toot diameter hull, and a tower approximately forty feet in height
will be red when following the Conventional Direction of Buoyage, and
starboard hand marks will be green. The meaning of daymark and buoy 62.41 Ranges.
shapes is identical in both regions. Ranges are aids to navigation systems employing dual beacons which,
(e) Certain marks on the Intracoastal Waterway may exhibit reversed when the structures appear to be in line, assist the mariner in maintaining a
lateral significance. See §62.49. safe course. The appropriate nautical chart must be consulted when using
[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR ranges to determine whether the range marks the centerline of the navigable
48608, Nov. 24, 1989] channel and also to ascertain what section of the range may be safety
traversed. Ranges are generally, but not always, lighted, and display
62.27 Safe water marks. rectangular daymarks of various colors.
Safe water marks indicate that mere is navigable water all around the [CGD 86-031, 52 FR 42640, Nov. 6, 1987; CGD 86-031, 52 FR 46351. Dec. 5,
mark. They are often used to indicate fairways or midchannels, or the 1987]
seaward end of channels. Safe water marks are colored with red and white
vertical stripes. Beacons have an octagonal daymark; red and white buoys 62.43 Numbers and letters.
are spherical or display a red spherical topmark. (a) All solid red and solid green aids are numbered, with red aids bearing
[CGD 86-031, 52 FR 42640, Nov. 6, 1987, as amended by CGD 88-018, 54 FR even numbers and green aids bearing odd numbers. The numbers for each
48608, Nov. 24, 1989] increase in the Conventional Direction of Buoyage. Numbers are kept in
approximately sequence on both sides of the channel by omitting numbers
where necessary.
62.61 Caution.
(a) A vessel steering a course for a radiobeacon should observe the same
precautions that apply when steering for a light or any other mark.
(b) Distance cannot be accurately determined by radiobeacon signal.
Mariners must exercise extreme caution when the aid to navigation which
33 CFR PART 62
PAGE 5
37
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 Collisions at Sea, 1972 (1972 COLREGS) or the Inland Navigation Rules;
(4) Deepwater port facilities subject to Subchapter NN of this chapter,
CODE OF FEDERAL REGULATIONS and
PART 64 - MARKING OF STRUCTURES, (5) Artificial islands and structures subject to Part 67 of this sub-chapter
SINKEN VESSELS AND
OTHER OBSTRUCTIONS 64.06 Definition of terms.
As used in this part
Hazard to navigation means an obstruction, usually sunken, that presents
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." sufficient danger to navigation so as to require expeditious, affirmative
However, we reprinted only those subparts and sections of concern to foreign action such as marking, removal, or redefinition of a designated waterway
vessels. If you need additional information listed in this Table of Contents that does to provide for navigational safety
not appear in the pages that follow, please write or fax us. We will be glad to furnish Markings means the lights and other signals placed on or near structures,
this information for a small service charge] sunken vessels, and other obstructions for the protection of navigation.
Obstruction means anything that restricts, endangers, or interferes with
TABLE OF CONTENTS navigation.
Structures means any fixed or floating obstruction, intentionally placed in
the water, which may interfere with or restrict marine navigation.
Subpart A—General
[CGD 78-156, 48 FR 11267, Mar. 17, 1383. Redesignated and amended by CGD
64.01 Purpose.
91-031, 57 FR 43402, Sept. 21, 1992]
64.03 Scope
64.06 Definition of terms Subpart B—Sunken Vessels and Other Obstructions
SOURCE: CGD 78-156,48 FR 11267, Mar. 17,1983. Redesignated by
Subpart B—Sunken Vessels and Other Obstructions CGD 91-031, 57 FR 43402, Sept 21, 1992.
64.11 Marking and notification requirements
64.13 Approval of markings. 64.11 Marking and notification requirements.
64.16 Duration of marking on sunken vessels in navigable waters (a) The owner of a vessel, raft, or other craft wrecked and sunk in a
navigable channel shall mark it immediately with a buoy or daymark during
the day and with a light at night The owner of a sunken vessel, raft, or other
Subpart C—Structures obstruction that otherwise constitutes a hazard to navigation shall mark it in
64.21 Marking and notification requirements. accordance with this Subchapter
64.23 Duration of marking on structures. (b) Owners of vessels sunk in waters subject to the jurisdiction of the
United States or sunk on the high seas, if the owner is subject to the
jurisdiction of the United Stales, shall promptly report to the District
Subpart D—Miscellaneous Provisions Commander, in whose jurisdiction the obstruction is located, the action they
64.31 Determination of hazard to navigation. are taking to mark the sunken vessel, giving the following information (in
64.33 Marking by the Coast Guard addition to the report required by 46 CFR 4.05-1, Notice of Marine
Casualty):
(1) Name and description of the sunken vessel;
(2) Accurate description of the location of the vessel;
AUTHORITY: 14 U.S.C. 633, 33 U.S.C 409,1231, 42 U.S.C 9118; 43 (3) Depth of water over the vessel; and
U.S.C. 1333; 49 CFR 1.46. (4) Location and type of marking established, including color and shape
SOURCE: COD 78-156, 48 FR 11267, Mar. 17, 1983, unless otherwise of buoy or other daymark and characteristic of the light
noted. (c) Owners of other obstructions may report the existence of such ob-
structions and mark them in the same manner as prescribed for sunken
Subpart A—General vessels.
SOURCE: COD 78-156,48 FR 11267, Mar. 17,1983 Redesignated by (d) Owners of marine pipelines that are determined to be hazards to
COD 91-031, 57 FR 43402, Sept 21, 1992 navigation shall report and mark the hazardous portion of those pipelines in
accordance with 49 CFR parts 192 or 195, as applicable.
64.01 Purpose. Note: Outer Continental Shelf (OCS) lessees are subject to additional
This part prescribes rules relating to the marking of structures, sunken notification requirements provided in OCS Order No. 1, paragraph 4 (44
vessels and other obstructions for the protection of maritime navigation. FR 76216, December 21, 1979), issued by U.S Geological Survey. [CGD
78-156, 48 FR 11267, Mar. 17, 1983. Redesignated and amended by CGD 91-
031, 57 FR 43402, Sept 21, 1992]
64.03 Scope.
(a) Except as provided in paragraph (b) of this section these rules apply to:
(1) Structures located in or over waters subject to the jurisdiction of the 64.13 Approval of markings.
United States and, on the high seas, structures owned or operated by (a) All markings of sunken vessels and other obstructions established in
persons subject to the Jurisdiction of the United States, accordance with §64.10-1 must be reported to and approved by the
(2) Sunken vessels in the navigable waters or waters above the continental appropriate District Commander.
shelf of the United States, and (b) Should the District Commander determine that these markings are
(3) Other obstructions existing on or in the navigable waters or waters inconsistent with Part 62 of this subchapter, they must be replaced as soon
above the continental shelf of the United States as practicable with approved markings
(b) The following obstructions are exempt from the requirements of this
part.
(1) Dredging pipelines subject to Subchapter D of this chapter,
(2) Bridges subject to Subchapter J of this chapter,
(3) Vessels subject to the International Regulations for preventing
PAGE 1
33 CFR PART 64
38
M.E.T. PUBLICATION 515 — 5TH EDITION
64.16 Duration of marking on sunken vessels in navigable waters. (2) The right of the owner to abandon is legally established and has been
Markings shall be maintained until: exercised; or
(a) The sunken vessel or other obstruction is removed; or (3) The District Commander directs otherwise. Note: When the needs of
(b) The right of the owner to abandon is legally established and navigation permit, the owner may be given reasonable opportunity to
exercised. establish and maintain the necessary markings.
Note: Notices of abandonment of sunken vessels or other obstructions
will not be accepted by the Coast Guard. Any notice of intention to
abandon should be addressed to the District Engineer, Corps of Engineers,
U.S. Army, within whose district the sunken vessel or other obstruction is
located.
Subpart C—Structures
SOURCE: CGD 78-156,48 PR 11267, Mar. 17,1983. Redesignated by
CGD 91-031, 57 FR 43402, Sept 21, 1992.
PAGE 3
33 CFR PART 67
42
M.E.T. PUBLICATION 515 — 5TH EDITION
Subpart 67.25—Class "B" Requirements
70.05-5 Penalty.
Every person and every corporation that shall violate, or that shall knowingly
aid, abet, authorize, or instigate a violation of the provisions of §70.05-1 shall
be guilty of a misdemeanor, and on conviction thereof shall be punished by a
fine not exceeding $2,500 or less than $500, or by imprisonment (in case of a
70.01-5 Penalty.
Any person violating the provisions of this section shall be deemed guilty of a
misdemeanor and be subject to a fine not exceeding the sum of $500 for each
offense, and each day during which such violation shall continue shall be
considered a new offense. [CGFR 52-15, 18 FR 12, Jan. 1, 1953]
33 CFR PART 70
PAGE 1
44
M.E.T. PUBLICATION 515 — 5TH EDITION
information concerning the safety of navigation. "Notice to Mariners" also
TITLE 33 contains information—
CODE OF FEDERAL REGULATIONS (1) Useful in updating the latest editions of charts and publications of the
PART 72 - MARINE INFORMATION Defense Mapping Agency Hydrographic/Topographic Center, National
Ocean Service, U.S. Army Corps of Engineers, and Coast Guard;
(2) Selected from the "Local Notice to Mariners" issued and published by
[MET Editorial Note: This page snows the entire Table of Contents for tin's "Part." the 1st, 2nd, 5th, 7th, 8th, 9th, 11th, 13th, 14th, and 17th Coast Guard
However, we reprinted only those subparts and sections of concern to foreign districts; and
vessels. If you need additional information listed in this Table of Contents that does (3) Compiled from foreign notices to mariners, ship reports, and similar
not appear in the pages that follow, please write or fax us. We will be glad to furnish cooperating observer reports
this information for a small service charge.] (b) "Notice to Mariners" is published weekly by the Defense Mapping
Agency Hydrographic/Topographic Center. The "Notice to Mariners is
prepared by the:
TABLE OF CONTENTS (1) Coast Guard
(2) National Ocean Service; and
Subpart 72.01—Notices to Mariners (3) Defense Mapping Agency Hydrographic/Topographic Center.
72.01-1 Purpose. (c) This notice may be obtained free of charge, upon request to the
72.01-5 Local Notice to Mariners. Director, Defense Mapping Agency, Office of Distribution Services, Code:
IMA, Washington, DC 20315. Request should be based on an affirmative
72.01-10 Notice to Mariners
need for the information.
72.01-15—72.01-20 [Reserved]
[CGD 70-147R, 37 FR 10669, May 26, 1972, as amended by CGD 72-185R, 37
72.01-25 Marine broadcast notice to mariners FR 20693, Oct. 3, 1972; CGD 85-042, 50 FR 50904, Dec. 13, 1985; CGD 87-008b,
72.01-30 Temporary deficiencies. 52 FR 25218, July 6, 1987]
72.01-35 Change of address
72.01-40 Single copies. 72.01-25 Marine broadcast notice to mariners.
(a) The Coast Guard broadcasts notices to mariners on its own or U.S.
Subpart 72.05—Light Lists Navy radio stations to report navigational warnings containing information
72.05-1 Purpose. of importance to the safety of navigation of vessels, such as the position of
72.05-5 Sales agencies. ice and derelicts, defects, and changes to aids to navigation, and drifting
72.05-10 Free distribution. mines. Radio stations broadcasting marine information are listed in "Radio
Navigational Aids" (Defense Mapping Agency Hydrographic/Topographic
AUTHORITY: 14 U.S.C. 93, 49 CFR 1.46 Center publications 117A and 117B) and United States Coast Pilots.
(b) Any person may purchase "Radio Navigational Aids" from:
(1) Any authorized agent for the sale of Defense Mapping Agency
Subpart 72.01—Notices to Mariners Hydrographic/Topographic Center charts and publications whose names
and addresses are contained in the Defense Mapping Agency Catalog of
Maps, Charts, and Related Products, Part 2—Hydrographic Products.
72.01-1 Purpose.
(2) The Defense Mapping Agency Hydrographic/Topographic Center
The Coast Guard issues information concerning the establishment of aids
Depots or Offices.
to maritime navigation and the changes, discontinuances, and deficiencies,
(3) The Defense Mapping Agency Office of Distribution Services,
except temporary deficiencies that are easily correctable, of aids to maritime
Washington, DC 20315.
navigation maintained and operated by or under the authority of the Coast
(c) Any person may purchase United States Coast Pilots from any
Guard in documents and marine broadcasts having the general title of
authorized agent for the sale of National Ocean Service charts and
"Notice to Mariners." This subpart describes the publications and the marine
publications whose names and addresses are contained in the National
broadcasts. [CGD 70-147R, 37 FR 10669, May 26, 1972]
Ocean Service Chart Catalogs. [CGD 85-042, 50 FR 50904, Dec. 13, 1985]
72.05-1 Purpose.
(a) The Coast Guard publishes the following Light Lists annually, with the
exception of Volume V, which is published biennially, covering tile waters of
the United States, its territories and possessions:
(1) Volume I, Atlantic Coast, from St. Croix River, Maine to Ocean City
Inlet, Maryland.
(2) Volume II, Atlantic Coast, from Ocean City Inlet, Maryland to Little
River, South Carolina.
(3) Volume III, Atlantic Coast and Gulf of Mexico, from Little River, South
Carolina to Econfina River, Florida, and the Greater Antilles.
(4) Volume IV, Gulf of Mexico, from Econfina River, Florida to Rio
Grande, Texas.
(5) Volume V, Mississippi River System.
(6) Volume VI, Pacific Coast and Pacific Islands.
(7) Volume VII, Great Lakes.
(b) The Light Lists contain the official name, location, characteristics, and
general description of federal, state, and private aids to navigation maintained
by or under authority of the U.S. Coast Guard, which are placed in navigable
waters used by general navigation. The Light Lists do not contain information
concerning private aids to navigation maintained under the authority of the
U.S. Coast Guard, which are placed in navigable waters not used by general
navigation; nor do they contain information concerning mooring buoys and
some special marks having no lateral significance such as fish net, dredging,
and racing buoys.
(14 U.S.C. 93; 49 U.S.C. 108; 49 CFR 1.46)
[CGFR 60-63, 25 FR 8949, Sept. 17, 1960, as amended by CGFR 63-48, 28 FR
10379, Sept. 25, 1963; CGD 85-042, 50 FR 50904, Dec. 13, 1985, CGD 88-105, 54
FR 12612, Mar. 28, 1989]
[MET Editorial Note: This page snows the entire Table of Contents for tin's "Part." 74.20-1 Buoy and vessel use costs.
However, we reprinted only those subparts and sections of concern to foreign (a) The buoy and vessel use costs for establishing, maintaining, repairing,
vessels. If you need additional information listed in this Table of Contents that does replacing, or removing an aid to navigation under the requirements of this
not appear in the pages that follow, please write or fax us. We will be glad to furnish part are contained in COMDTNOTE 7310 (series) which is available at the
this information for a small service charge.] Office of the Comptroller of the appropriate Coast Guard District
Commander
TABLE OF CONTENTS (b) Buoy and vessel use charges under this part are made for the cost or
value of time, in hours, consumed by the Government vessel, including
Subpart 74.01—Charges to the Public ship's complement, employed in marking the obstruction. No charge for
time and expense of Coast Guard vessels is made when the marking of the
74.01-1 Claim for damage, destruction, or displacement.
obstruction causes only minimal interruption of routinely scheduled ship's
74.01-10 Charges invoiced to owner for marking sunken wrecks and other
duty. [CGD 81-051, 48 FR 15468, Apr. 11, 1983]
obstructions to navigation.
74.01-15 Charges for placement of temporary aids
74.01-20 Deposit of payment in special account
AUTHORITY. 14 U.S.C 81, 85, 86, 92,93, 141, 633, 642, 647; 49 CFR
1.46 (b) SOURCE CGFR 58-50, 24 FR 5608, July 11, 1959, unless
otherwise noted.
74.01-10 Charges invoiced to owner for marking sunken wrecks and other
obstructions to navigation.
Charges for the establishment, maintenance, and replacement by the Coast
Guard of an aid, either permanent or temporary, to mark a sunken wreck or other
obstruction to navigation are calculated to recover the Coast Guard costs
involved in, or associated with, the marking process These charges will be
invoiced to the owner of the obstruction. Charges for the removal of aids to
navigation established by the Coast Guard will be invoiced to the owner unless
the District Engineer requests the continued marking of the obstruction. All
charges will be assessed in accordance with Subpart 74.20 of this part.
[CGD 81-051, 48 FR 15468, Apr. 11, 1983]
33 CFR PART 74
PAGE 1
47
M.E.T. PUBLICATION 515 — 5TH EDITION
Gulf Coast
TITLE 33 Seventh District
CODE OF FEDERAL REGULATIONS 80.740 Long Key, FL to Cape Sable, FL.
PART 80 - COLREGS 80.745 Cape Sable, FL to Cape Romano, FL.
DEMARCATION LINES 80.748 Cape Romano, FL to Sanibel Island, FL.
80.750 Sanibel Island, FL to St. Petersburg, FL.
80.753 St. Petersburg, FL to Anclote, FL.
80.755 Anclote, FL to the Suncoast Keys, FL.
[MET Editorial Note: This page snows the entire Table of Contents for tin's "Part." 80.757 Suncoast Keys, FL to Horseshoe Point, FL
However, we reprinted only those subparts and sections of concern to foreign
vessels. If you need additional information listed in this Table of Contents that does 80.760 Horeshoe Point, FL to Rock Island, FL.
not appear in the pages that follow, please write or fax us. We will be glad to furnish Eighth District
this information for a small service charge.] 80.805 Rock Island, FL to Cape San Bias, FL.
80.810 Cape San Bias, FL to Perdido Bay, FL.
TABLE OF CONTENTS 80.815 Mobile Bay, AL to the Chandeleur Islands, LA.
80.825 Mississippi Passes, LA,
General 80.830 Mississippi Passes, LA to Point Au Fer, LA.
80.01 General basis and purpose of demarcation lines. 80.835 Point Au Fer, LA to Calcasieu Pass, LA.
80.840 Sabine Pass, TX to Galveston, TX.
Atlantic Coast 80.845 Galveston, TX to Freeport, TX.
First District 80.850 Brazos River, TX to the Rio Grande, TX.
80.105 Calais, ME to Cape Small, ME Pacific Coast
80.110 Casco Bay, ME. Eleventh District
80.115 Portland Head, ME to Cape Ann, MA 80.1102 Santa Catalina Island, CA.
80.120 Cape Ann, MA to Marblehead Neck, MA. 80.1104 San Diego Harbor, CA
80.125 Marblehead Neck, MA to Nahant, MA. 80.1106 Mission Bay, CA.
80.130 Boston Harbor entrance. 80.1108 Oceanside Harbor, CA.
80.135 Hull, MA to Race Point, MA. 80.1110 Dana Point Harbor, CA.
80.145 Race Point, MA, to Watch Hill, RI. 80.1112 Newport Bay, CA.
80.150 Block Island, RI. 80.1114 San Pedro Bay—Anaheim Bay, CA.
80.155 Watch Hill, RI to Montauk Point, NY. 80.1116 Redondo Harbor, CA.
80.160 Montauk Point, NY to Atlantic Beach, NY 80.1118 Marina Del Rey, CA.
80.165 New York Harbor. 80.1120 Port Hueneme, CA.
80.170 Sandy Hook, NJ to Tom's River, NJ. 80.1122 Channel Islands Harbor, CA.
80.1124 Venture Marina, CA.
Fifth District 80.1126 Santa Barbara Harbor, CA.
80.501 Tom's River, NJ to Cape May, NJ. 80.1130 San Luis Obispo Bay, CA.
80.503 Delaware Bay. 80.1132 Estero-Morro Bay, CA.
80.505 Cape Henlopen, DL to Cape Charles, VA 80.1134 Monterey Harbor, CA.
80.510 Chesapeake Bay Entrance, VA. 80.1136 Moss Landing Harbor, CA.
80.515 Cape Henry, VA to Cape Hatteras, NC. 80.1138 Santa Cruz Harbor, CA.
80.520 Cape Hatteras, NC to Cape Lockout, NC 80.1140 Pillar Point Harbor, CA.
80.525 Cape Lockout, NC to Cape Fear, NC 80.1142 San Francisco Harbor, CA.
80.530 Cape Fear, NC to Little River Inlet, NC 80.1144 Bodega and Tomales Bay, CA.
80.1146 Albion River, CA.
Seventh District
80.1148 Noyo River, CA.
80.703 Lime River Inlet, SC to Cape Remain, SC.
80.1150 Arcata-Humboldt Bay, CA
80.707 Cape Romain, SC to Sullivans Island, SC.
80.1152 Crescent City Harbor, CA.
80.710 Charleston Harbor, SC.
Thirteenth District
80.712 Morris Island, SC to Hilton Head Island, SC.
80.715 Savannah River. 80.1305 Chetco River, OR.
80.717 Tybee Island, GA to St. Simons Island, GA. 80.1310 Rogue River, OR.
80.720 St. Simons Island, GA to Amelia Island, FL. 80.1315 Coquille River, OR.
80.723 Amelia Island, FL to Cape Canaveral, FL. 80.1320 Coos Bay, OR.
80.727 Cape Canaveral, FL to Miami Beach. FL. 80.1325 Umpqua River, OR.
80.730 Miami Harbor, FL 80.1330 Siuslaw River, OR.
80.735 Miami, FL to Long Key, FL 80.1335 Alsea Bay, OR.
80.1340 Yaquina Bay, OR.
Puerto Rico and Virgin Islands 80.1345 Depoe Bay, OR.
Seventh District 80.1350 Netarts Bay, OR.
80.738 Puerto Rico and Virgin Islands 80.1355 Tillamook Bay, OR.
80.1360 Nehalem River, OR.
80.1365 Columbia River Entrance, OR/WA.
33 CFR PART 80
PAGE 2
49
M.E.T. PUBLICATION 515 — 5TH EDITION
on the southeastern side of Naushon Island; thence from the southernmost (b) A line drawn from Manasquan Inlet Norm Breakwater Light 4 to
tangent of Naushon Island to the easternmost extremity of Nashawena Manasquan Inlet South Breakwater Light 3.
Island; thence from the southwestern most extremity of Nashawena Island (c) A tine drawn from Barnegat Inlet North Breakwater Light 4A to the
to the easternmost extremity of Cuttyhunk Island; seaward extremity of the submerged Barnegat Inlet South Breakwater;
thence from the southwestern tangent of Cuttyhunk Island to the tower on thence along the submerged breakwater to the shoreline.
Gooseberry Neck charted in approximate position latitude 41°29.1' N. [CGD 87-008b, 52 FR 25218, July 6, 1987]
longitude 71°02.3' W.
(c) A line drawn from Sakonnet Breakwater Light 2 tangent to the Fifth District
southernmost part of Sachuest Point charted in approximate position
latitude 41°28.5' N. longitude 71°14.8' W. 80.501 Tom's River, NJ to Cape May, NJ.
(d) An east-west line drawn through Beavertail Light between Brenton (a) A line drawn from the seaward tangent of Long Beach Island to the
Point and the Boston Neck shoreline. seaward tangent to Pullen Island across Beach Haven and Little Egg Inlets.
[CGD 77-118a, 42 FR 35784, July 11, 1977, as amended by CGD 79-036, 44 FR (b) A line drawn from the seaward tangent of Pullen Island to the
22458, Apr. 16, 1973. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, seaward tangent of Brigantine Island across Brigantine Inlet
and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986] (c) A line drawn from the seaward extremity of Absecon Inlet
(d) A line drawn from the southern-most point of Longport at latitude
80.150 Block Island, RI. The 72 COLREGS shall apply on the 30°18.2' N. longitude 75°32.2' W. to the northeasternmost point of Ocean
harbors of Block Island. City at latitude 39°17.6' N. longitude 74°33.1' W. across Great Egg Harbor
Inlet North Jetty to Atlantic City Light
80.155 Watch Hill, RI to Montauk Point, NY. (e) A line drawn parallel with the general trend of highwater shoreline
(a) A line drawn from Watch Hill Light to East Point on Fishers Island. across Corson Inlet
(b) A line drawn from Race Point to Race Rock Light; thence to Little (f) A line formed by the centerline of the Townsend Inlet Highway
Gull Island Light thence to East Point on Plum Island. Bridge.
(c) A line drawn from Plum Island Harbor East Dolphin Light to Plum (g) A line formed by the shoreline of Seven Mile Beach and Hereford
Island Harbor West Dolphin Light Inlet Light
(d) A line drawn from Plum Island Light to Orient Point Light; thence to (h) A line drawn from Cape May Inlet East Jetty Light to Cape May Inlet
Orient Point West Jetty Light [CGD 87-008b, 52 FR 25218, July 6, 1987]
(e) A line drawn from the lighthouse ruins at the southwestern end of
Long Beach Point to Cornelius Point
(f) A line drawn from Coecles Harbor Entrance Light to Sungic Point 80.503 Delaware Bay.
(g) A line drawn from Nichols Point to Cedar Island Light (h) A line A line drawn from Cape May Light to Harbor of Refuge Light; thence to
drawn from Threemile Harbor West Breakwater Light to Threemile Harbor the northernmost extremity of Cape Henlopen. [CGD 77-118a, 42 FR 35784,
East Breakwater Light July 11, 1977. Redesignated by CGD 81-017, 48 FR 28154, May 26, 1981, and
(i) A line drawn from Montauk West Jetty Light 1 to Montauk East Jetty CGD 87-008b, 52 FR 25218, July 6, 1987]
Light 2.
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. 80.505 Cape Henlopen, DE to Cape Charles, VA.
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and amended by (a) A line drawn from the seaward extremity of Indian River Inlet Norm
CGD 84-091, 51 FR 7786. Mar. 6, 1986. Redesigned by CGD 87-008b, 52 FR Jetty to Indian River Inlet South Jetty Light
25218, July 6, 1987] (b) A line drawn from Ocean City Inlet Light 6, 225° true across Ocean
City Inlet to the submerged south breakwater.
80.160 Montauk Point, NY to Atlantic Beach, NY. (c) A line drawn from Assateague Beach Tower Light to the tower
(a) A line drawn from the Shinnecock Inlet East Breakwater Light to charted at latitude 37°52.6' N. longitude 75°26.7' W.
Shinnecock Inlet West Breakwater Light 1. (d) A line formed by the range of Wachapreague Inlet Light 3 and
(b) A line drawn from Moriches Inlet East Breakwater Light to Moriches Parramore Beach Lockout Tower drawn across Wachapreague Inlet
Inlet West Breakwater Light (e) A line drawn from tile lockout tower charted on the northern end of
(c) A line drawn from Fire Island Inlet Breakwater Light 348° true to the Hog Island to the seaward tangent of Parramore Beach.
southernmost extremity of the spit of land at the western end of Oak Beach. (f) A line drawn 207° true from tile lockout tower charted on the southern
(d) A line drawn from Jones Inlet Light 322° true across the southwest end of Hog Island across Great Machipongo Inlet
tangent of the island on the north side of Jones Inlet to the shoreline. [CGD (g) A line formed by the range of the two cupolas charted on the
77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977. Redesignated southern end of Cobb Island drawn across Sand Shoal Inlet
by CGD 81-017, 46 FR 28154, May 26, 1981; CGD 84-091, and amended by 51 (h) Except as provided elsewhere in this section from Cape Henlopen to
FR 7786, Mar. 6, 1986. Redesignated by CGD 87-008b, 52 FR 25218, July 6, Cape Charles, lines drawn parallel with the general trend of the highwater
1987] shoreline across the entrances to small bays and inlets. [CGD 77-118a, 42 FR
35784, July 11, 1977. Redesignated by CGD 81-017, 48 FR 28154, May 26, 1981,
80.165 New York Harbor. and amended by CGD 844191, 51 FR 7786, Mar. 6, 1986]
A line drawn from East Rockaway Inlet Breakwater Light to Sandy Hook
Light 80.510 Chesapeake Bay Entrance, VA.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 FR A line drawn from Cape Charles Light to Cape Henry Light
28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987]
80.515 Cape Henry, VA to Cape Hatteras, NC.
80.170 Sandy Hook, NJ to Tom's River, NJ.
(a) A line drawn from Rudee Inlet Jetty Light 2 to Rudee Inlet Jetty
(a) A line drawn from Shark River Inlet North Breakwater Light 2 to
Light 1.
Shark River Inlet South Breakwater Light 1.
(b) A line fanned by the centerline of the highway bridge across Oregon
Inlet
PAGE 3
33 CFR PART 80
50
M.E.T. PUBLICATION 515 — 5TH EDITION
80.520 Cape Battens, NC to Cape Lockout, NC. Bull Bay to the northernmost extremity of Northeast Point
(a) A line drawn from Hatteras Inlet Lockout Tower (30° 11.8' N 75° (c) A line drawn from the southernmost extremity of Bull Island to the
44.9'W) 255° true to the eastern end of Ocracoke Island. easternmost extremity of Capers Island.
(b) A line drawn from the westernmost extremity of Ocracoke Island at (d) A line formed by the overhead power cable from Capers Island to
latitude 35°04.0' N. longitude 76°00.8' W. to the northeastern extremity of Dewees Island.
Portsmouth Island at latitude 35°03.7' N. longitude 76°02.3' W. (e) A line formed by the overhead power cable from Dewees Island to
(c) A line drawn across Drum Inlet parallel with the general trend of the Isle of Palms.
highwater shoreline. (f) A line formed by the centerline of the highway bridge between Isle of
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 FR Palms and Sullivans Island over Breach Inlet
28154, May 26, 1981, and amended by CGD 84-091, 51 FR 21748, June 16,
1986] 80.710 Charleston Harbor, SC.
(a) A line formed by the submerged north jetty from the shore to the west
80.525 Cape Lockout, NC to Cape Fear, NC. end of the north jetty.
(a) A line drawn from Cape lockout Light to the seaward tangent of the (b) A line drawn from across the seaward extremity of the Charleston
southeastern end of Shackleford Banks. Harbor Jetties.
(b) A line drawn from Morehead City Channel Range Front Light to the (c) A line drawn from the west end of the South Jetty across the South
seaward extremity of the Beaufort Inlet west jetty. Entrance to Charleston Harbor to shore on a line formed by the submerged
(c) A line drawn from the southernmost extremity of Bogue Banks at south jetty.
latitude 34°38.7' N. longitude 77°06.0' W. across Bogue Inlet to the
northernmost extremity of Bear Beach at latitude 34°38.5' N. longitude 80.712 Morris bland, SC to Hilton Head bland, SC.
77°07.1' W. (a) A line drawn from the easternmost tip of Folley Island to the
(d) A line drawn from the southeasternmost extremity on the southwest abandoned lighthouse tower on the northside of Lighthouse Inlet; thence
side of New River Inlet at latitude 34°31.5' N. longitude 77°20.6' W. to the west to the shoreline of Morris Island.
seaward tangent of the shoreline on the northeast side on New River Inlet (b) A straight line drawn from the seaward tangent of Folly bland
(e) A line drawn across New Topsail Inlet between the closest extremities through Folly River Daybeacon 10 across Stono River to the shoreline of
of the shore on either side of the inlet from latitude 34°20.8' N. longitude Sandy Point
77°39.2' W. to latitude 34°20.6' N. longitude 77°39.6' W. (c) A line drawn from the southernmost extremity of Seabrook bland
(f) A line drawn from the seaward extremity of the jetty on the northeast 257° true across the North Edisto River Entrance to the shore of Botany
side of Masonboro Inlet to the seaward extremity of the jetty on the Bay bland.
southeast side of the Inlet (d) A line drawn corn the microwave antenna tower on Edisto Beach
(g) Except as provided elsewhere in this section from Cape Lockout to charted in approximate position latitude 32°29.3' N. longitude 80°19.2' W.
Cape Fear, lines drawn parallel with the general trend of the highwater across St. Helena Sound to the abandoned lighthouse tower on Hunting
shoreline across the entrance of small bays and inlets. bland.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 FR (e) A line formed by the centerline of the highway bridge between
28154, May 26, 1981 and amended by CGD 84-091, 51 FR 7786, Mar. 6, 1986] Hunting bland and Fripp bland.
(0 A line drawn from the westernmost extremity of Bull Point on Capers
80.530 Cape Fear, NC to Little River Inlet, NC. bland to Port Royal Sound Channel Range Rear Light, latitude 32°13.7' N.
(a) A line drawn from the abandoned lighthouse charted in approximate longitude 80°36.0' W.; thence 259° true to the easternmost extremity of
position latitude 33°52.4' N. longitude 78°00.1' W. across the Cape Fear Hilton Head at latitude 32°13.0' N. longitude 80°40.1' W.
River Entrance to Oak Island Light [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
(b) Except as provided elsewhere in this section from Cape Fear to Little FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7780, Mar. 6,
River Inlet, lines drawn parallel with the general trend of the highwater 1986]
shoreline across the entrance to small inlets.
80.715 Savannah River.
Seventh District A line drawn from the southernmost tank on Hilton Head bland charted in
approximate position latitude 32°06.7' N. longitude 80°49.3' W. to Bloody
80.703 Little River Inlet, SC to Cape Romain, SC.
Point Range Rear Light; thence to Tybee (Range Rear) Light
(a) A line drawn from the westernmost extremity of the sand spit on Bird
Island to the easternmost extremity of Wanes Island across Little River Inlet
(b) From Lime River Inlet, a line drawn parallel with the general trend of 80.717 Tybee bland, GA to St. Simons bland, GA.
the highwater shoreline across Hog Inlet; thence a line drawn across the (a) A line drawn from the southernmost extremity of Savannah Beach on
seaward ends of the Murrels Inlet jetties; thence a line drawn parallel with Tybee Island 255° true across Tybee Inlet to the shore of Lime Tybee bland
the general trend of the highwater shoreline across Midway Inlet, Pawleys south of the entrance to Buck Hammock Creek.
Inlet, and North Inlet (b) A straight line drawn from the northeasternmost extremity of Wassaw
(c) A line drawn from the charted position of Winyah Bay North Jetty bland 031° true through Tybee River Daybeacon 1 to the shore of Little
End Buoy 2N south to the Winyah Bay South Jetty. Tybee Island.
(d) A line drawn from Santee Point to the seaward tangent of Cedar (c) A line drawn approximately parallel with the general trend of the
Island. highwater shorelines from the seaward tangent of Wassau Island to the
(e) A line drawn from Cedar Island Point west to Murphy Island. seaward tangent of Bradley Point on Ossabaw bland.
(f) A norm-south line (longitude 79°20.3' W.) drawn from Murphy Island (d) A north-south line (longitude 81°8.4' W.) drawn from the southern-
to the northernmost extremity of Cape Island Point most extremity of Ossabaw bland to St. Catherines Island.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 FR (e) A north-south line (longitude 81°10.6' W.) drawn from the
28154, May 26, 1981, and amended by CGD 89-068, 55 FR 31831. Aug. 6, 1990] southernmost extremity of St. Catherines bland to Northeast Point on
Blackboard bland.
80.707 Cape Romain, SC to Sullivans Island, SC.
(a) A line drawn from file western extremity of Cape Romain 292° true to
Racoon Key on the west side of Racoon Creek.
(b) A line drawn from the westernmost extremity of Sandy Point across
33 CFR PART 80
PAGE 4
51
M.E.T. PUBLICATION 515 — 5TH EDITION
(f) A line following the general trend of the seaward highwater shoreline [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017. 46
across Cabretta Inlet FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786, Mar. 6,
(g) A north-south line (longitude 81°16.9' W.) drawn from the south- 1986]
westernmost point on Sapelo Island to Wolf Island.
(h) A north-south line (longitude 81°17.1' W.) drawn from the south- 80.730 Miami Harbor, FL.
easternmost point of Wolf Island to the northeasternmost point on Little St. A line drawn across the seaward extremity of the Miami Harbor Govern-
Simons Island. ment Cut Jetties.
(i) A line drawn from the northeasternmost extremity of Sea Island 045°
true to Little St. Simons Island.
(j) An east-west line from the southernmost extremity of Sea Island 80.735 Miami, FL to Long Key, FL.
across Goulds Inlet to St. Simons Island. (a) A line drawn from the southernmost extremity of Fisher Island 212°
true to the point latitude 25°45.0' N. longitude 80°08.6' W. on Virginia
80.720 St. Simons bland, GA to Amelia bland, FL. Key.
(a) A line drawn from St. Simons Light to the northernmost tank on (b) A line formed by the centerline of the highway bridge between
Jekyll Island charted in approximate position latitude 31°05.9' N. longitude Virginia Key and Key Biscayne.
81°24.5' W. (c) A line drawn from Cape Florida Light to the northernmost extremity
(b) A line drawn from the southernmost tank on Jekyll Island charted in on Soldier Key.
approximate position latitude 31°01.6' N. longitude 81°25.2' W. to co- (d) A line drawn from the southernmost extremity on Soldier Key to the
ordinate latitude 30°59.4' N. longitude 81°23.7' W. (0.5 nautical mile east northernmost extremity of the Ragged Keys.
of the charted position of St. Andrew Sound Lighted Buoy 32); thence to (e) A line drawn from the Ragged Keys to the southernmost extremity of
the abandoned lighthouse tower on the north end of Little Cumberland Angelfish Key following the general trend of the seaward shoreline.
Island charted in approximate position latitude 30°58.5' N. longitude (f) A line drawn on the centerline of the Overseas Highway (U.S. 1) and
81°24.8' W. bridges from latitude 25°19.3' N. longitude 80°16.0' W. at Little Angelfish
(c) A line drawn across the seaward extremity of the St. Marys River Creek to the radar dome charted on Long Key at approximate position
Entrance Jetties. latitude 24°49.3' N. longitude 80°49.2' W.
[CGD 77-118a, 42 FR 35784, July 11, 1977, 42 FR 63169, Dec. 15, 1977.
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, as amended by
80.723 Amelia bland, FL to Cape Canaveral, FL.
CGD 84-091, 51 FR 7786, Mar. 6, 1986; 51 FR 21748, JUNE 16, 1986; CGD 89-
(a) A line drawn from the southernmost extremity of Amelia Island to
068, 55 FR 31831, Aug. 6, 1990]
the northeasternmost extremity of Little Talbot Island.
(b) A line fanned by the centerline of the highway bridge from Lime Puerto Rico and Virgin Islands
Talbot Island to Fort George Island. Seventh District
(c) A line drawn across the seaward extremity of the St. Johns River
Entrance Jetties. 80.738 Puerto Rico and Virgin Islands.
(d) A line drawn across the seaward extremity of the St. Augustine Inlet (a) Except inside lines specifically described in this section, the 72
Jetties. COLREGS shall apply on all other bays, harbors and lagoons of Puerto
(e) A line formed by the centerline of the highway bridge over Matanzas Rico and the U.S. Virgin Islands.
Inlet (b) A line drawn from Puerto San Juan Light to Cabras Light across the
(f) A line drawn across the seaward extremity of the Ponce de Leon Inlet entrance of San Juan Harbor.
Jetties.
Gulf Coast
Seventh District
80.727 Cape Canaveral, FL to Miami Beach, FL.
(a) A line drawn across the seaward extremity of the Port Canaveral
Entrance Channel Jetties. 80.740 Long Key, FL to Cape Sable, FL.
(b) A line drawn across the seaward extremity of the Sebastian Inlet A line drawn from the microwave tower charted on Long Key at
Jetties. approximate position latitude 24°48.8' N. longitude 80°49.6' W. to Long
(c) A line drawn across the seaward extremity of the Fort Pierce Inlet Key Light 1; thence to Arsenic Bank Light 2; thence to Sprigger Bank
Jetties. Light 5; thence to Schooner Bank Light 6; thence to Oxfoot Bank Light 10;
(d) A north-south line (longitude 80°09.7' W.) drawn across St. Lucie thence to East Cape Light 2; thence through East Cape Daybeacon 1A to
Inlet. the shoreline at East Cape.
(e) A line drawn from the seaward extremity of Jupiter Inlet North Jetty [CGD 84-091, 51 FR 21748, JUNE 16, 1986]
to the northeast extremity of the concrete apron on the south side of Jupiter
Inlet. 80.745 Cape Sable, FL to Cape Romano, FL.
(f) A line drawn across the seaward extremity of the Lake Worth Inlet (a) A line drawn following the general trend of the mainland, highwater
Jetties. shoreline from Cape Sable at East Cape to Little Shark River Light 1;
(g) A line drawn across the seaward extremity of the Boynton Inlet thence to westernmost extremity of Shark Point; thence following the
Jetties. general trend of the mainland, highwater shoreline crossing the entrances of
(h) A line drawn from Boca Raton Inlet North Jetty Light 2 to Boca Harney River, Broad Creek, Broad River, Rodgers River First Bay,
Raton Inlet South Jetty Light 1. Chatham River, Huston River, to the shoreline at coordinate latitude
(i) A line drawn from Hillsboro Inlet Light to Hillsboro Inlet Entrance 25°41.8' N. longitude 81°17.9' W.
Light 2; thence to Hillsboro Inlet Entrance Light 1; thence west to the (b) The 72 COLREGS shall apply to the waters surrounding the Ten
shoreline. Thousand Islands and the bays, creeks, inlets, and rivers between Chatham
(j) A line drawn across the seaward extremity of the Port Everglades Bend and Marco Island except inside lines specifically described in this
Entrance Jetties. part
(k) A line formed by the centerline of the highway bridge over Bakers (c) A north-south line drawn at longitude 81°20.2' W. across the
Haulover Inlet entrance to Lopez River.
80.748 Cape Romano, FL to Sanibel Island, FL. 80.755 Anclote, FL to the Suncoast Keys, FL.
(a) A line drawn across Big Marco Pass parallel to the general trend of (a) Except inside lines specifically described in this section, the 72
the seaward, highwater shoreline. COLREGS shall apply on the bays, bayous, creeks, marinas, and rivers
(b) A line drawn from the northwesternmost extremity of Coconut Island from Anclote to the Suncoast Keys.
000°T across Capri Pass. (b) A north-south line drawn at longitude 82°38.3' W. across the
(c) Lines drawn across Hurricane and Little Marco Passes parallel to the Chassahowitzka River Entrance.
general trend of the seaward, highwater shoreline.
(d) A line from the seaward extremity of Gordon Pass South Jetty 014°
80.757 Suncoast Keys, FL to Horseshoe Point, FL.
true to the shoreline at approximate coordinate latitude 26°05.7' N.
(a) Except inside lines specifically described in this section, the 72
longitude 81°48.1' W.
COLREGS shall apply on the bays, bayous, creeks, and marinas from the
(e) A line drawn across the seaward extremity of Doctors Pass Jetties.
Suncoast Keys to Horseshoe Point
(f) Lines drawn across Wiggins, Big Hickory, New, and Big Carios
(b) A line formed by the centerline of Highway 44 Bridge over the Salt
Passes parallel to the general trend of the seaward highwater shoreland.
River.
(g) A straight line drawn from Sanibel Island Light through Matanzas
(c) A north-south line drawn through Crystal River Entrance Daybeacon
Pass Channel Light 2 to the shore of Estero Island.
25 across the river entrance.
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63163, Dec. 15, 1977, as
(d) A north-south line drawn through the Cross Florida Barge Canal
amended by CGD 78-052, 44 FR 63238, Dec. 3. 1979, Redesignated by CGD 81-
Daybeacon 48 across the canal.
017, 46 FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7786,
(e) A north-south line drawn through Withlacoochee River Daybeacon
Mar. 6, 1986]
40 across the river.
(f) A line drawn from the westernmost extremity of South Point north to
80.750 Sanibel Island, FL to St. Petersburg, FL. the shoreline across the Waccasassa River Entrance.
(a) A line formed by the centerline of the highway bridge over Blind (g) A line drawn from position latitude 29°16.6' N. longitude 83°06.7' W.
Pass, between Captiva Island and Sanibel Island, and lines drawn across 300° true to the shoreline of Hog Island.
Redfish and Captiva Passes parallel to the general trend of the seaward, (h) A north-south line drawn through Suwannee River Wadley Pass
highwater shorelines. Channel Daybeacons 30 and 31 across the Suwannee River.
(b) A line drawn from La Costa Test Pile North Light to Port Boca [CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46
Grande Light FR 28154, May 26, 1981, and amended by CGD 84-091, 51 FR 7787, Mar. 6,
(c) Lines drawn across Gasparilla and Stump Passes parallel to the 1986]
general trend of the seaward, highwater shorelines.
(d) A line across the seaward extremity of Venice Inlet Jetties. 80.760 Horeshoe Point, FL to Rock bland, FL.
(e) A line drawn across Midnight Pass parallel to the general trend of the (a) Except inside lines specifically described provided in this section, the
seaward, highwater shoreline. 72 COLREGS shall apply on the bays, bayous, creeks, marinas, and rivers
(f) A line drawn from Big Sarasota Pass Light 14 to the southernmost from Horseshoe Point to the Rock Islands.
extremity of Lido Key. (b) A norm-south tine drawn through Steinhatchee River Light 21.
(g) A line drawn across New Pass tangent to the seaward, highwater (c) A line drawn from Fenholloway River Approach Light FR east across
shoreline of Longboat Key. the entrance to Fenholloway River.
(h) A line drawn across Longboat Pass parallel to the seaward, highwater
shoreline. Eighth District
(i) A line drawn from the northwesternmost extremity of Bean Point to
the southeasternmost extremity of Egmont Key. 80.805 Rock Island, FL to Cape San Bias, FL.
(j) A straight line drawn from Egmont Key Light through Egmont (a) A south-north line drawn from the Econfina River Light to the
Channel Range Rear Light to the shoreline on Mullet Key. opposite shore.
(k) A line drawn from the northernmost extremity of Mullet Key across (b) A line drawn from Gamble Point Light to the southernmost extremity
Buncos Pass and South Channel to Pass-a-Grille Channel Light 8; thence to of Cabell Point
Pass-a-Grille Channel Daybeacon 9; thence to the southwesternmost (c) A line drawn from St. Mark's (Range Rear) Light to St. Mark's
extremity of Long Key. Channel Light II; thence to the southernmost extremity of Live Oak Point;
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63163, Dec. 15, 1977. thence in a straight line through Shell Point Light to the southernmost
Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981, and amended by extremity of Ochlockonee Point; thence to Bald Point along longitude
CGD 84-091, 51 FR 7787, Mar. 6, 1986; CGD 93-071, 58 FR 65668, Dec. 16, 84°20.5' W.
1993] (d) A line drawn from the south shore of Southwest Cape at longitude
84°22.7' W. to Dog Island Reef East Light 1; thence to Turkey Point Light
80.753 St. Petersburg, FL to Anclote, FL. 2; thence to the easternmost extremity of Dog Island.
(a) A line drawn across Blind Pass, between Treasure Island and Long (e) A line drawn from the westernmost extremity of Dog Island to the
Key, parallel with the general trend of the seaward, highwater shoreline. easternmost extremity of St. George Island.
(b) Lines formed by the centerline of the highway bridges over Johns and (f) A line drawn across the seaward extremity of the St. George Island
Clearwater Passes.
Channel Jetties.
(c) A line drawn across Dunedin and Hurricane Passes parallel with the
(g) A line drawn from the northwesternmost extremity of Sand Island to
general trend of the seaward, highwater shoreline.
West Pass Light 7.
(d) A line drawn from the northernmost extremity of Honeymoon Island
80.1144 Bodega and Tomales Bay, CA. 80.1335 Alsea Bay, OR.
(a) An east-west line drawn from Sand Point to Avails Beach. A line drawn from the seaward shoreline on the north of the Alsea Bay
(b) A line drawn from the seaward extremity of Bodega Harbor North
Entrance 165° true across the channel entrance.
Breakwater to Bodega Harbor Entrance Light 1.
[CGD 77-118a, 42 FR 35784, July 11, 1977; 42 FR 63169, Dec. 15, 1977.
Redesignated by CGD 81-017, 46 PR 28154, May 26, 1981. and CGD 87-008b, 80.1340 Yaquina Bay, OR.
52 FR 25218, July 6, 1987] A line drawn across the seaward extremities of the Yaquina Bay Entrance
Jetties.
[CGD 84-091, 51 FR 7788, Mar. 6, 1986]
80.1146 Albion River, CA.
A line drawn on an axis of 030° true through Albion River Light 1 across
Albion Cove. 80.1345 Depoe Bay, OR.
[CGD 77-118a, 42 FR 35784, July 11, 1977. Redesignated by CGD 81-017, 46 A line drawn across the Depoe Bay Channel entrance parallel with the
FR 28154, May 26, 1981, and CGD 87-008b, 52 FR 25218, July 6, 1987] general trend of the highwater shoreline.
PAGE 9
33 CFR PART 80
56
M.E.T. PUBLICATION 515 — 5TH EDITION
80.1360 Nehalem River, OR. 80.1450 Nawiliwili Harbor, Kauai, HI.
A line drawn approximately parallel with the general trend of the A line drawn from Nawiliwili Harbor Breakwater Light to Kukii Point
highwater shoreline across the Nehalem River Entrance. Light
80.1365 Columbia River Entrance, OR/WA. 80.1460 Kahuhii Harbor, Maui, HI.
A line drawn from the seaward extremity of the Columbia River North A line drawn from Kahului Harbor Entrance East Breakwater Light to
Jetty (above water) 155° true to the seaward extremity of the Columbia Kahului Harbor Entrance West Breakwater Light
River South Jetty (above water). [CGD 89-068, 55 FR 31832, Aug. 6, 1990]
33 CFR PART 80
PAGE 10
57
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 Alternative Compliance
CODE OF FEDERAL REGULATIONS 81.5 Application for a Certificate of Alternative Compliance.
PART 81-72 COLREGS: (a) The owner, builder, operator, or agent of a vessel of special
construction or purpose who believes the vessel cannot fully comply with
IMPLEMENTING RULES
the 72 COLREGS light, shape, or sound signal provisions without
interference with its special function may apply for a determination that
alternative compliance is justified. The application must be in writing,
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." submitted to the Chief of the Marine Safety Division of the Coast Guard
However, we reprinted only those subparts and sections of concern to foreign District in which the vessel is being built or operated, and include the
vessels. If you need additional information listed in this Table of Contents that does following information:
not appear in the pages that follow, please write or fax us. We will be glad to furnish (1) The name, address, and telephone number of the applicant
this information for a small service charge.] (2) The identification of the vessel by its (i) Official number;
(ii) Shipyard hull number, (iii) Hull identification number; or
TABLE OF CONTENTS (iv) State number, if the vessel does not have an official number or hull
identification number.
(3) Vessel name and home port, if known.
81.1 Definitions (4) A description of the vessel's area of operation.
81.3 General (5) A description of the provision for which the Certificate of Alternative
Compliance is sought, including.
Alternative Compliance (i) The 72 COLREGS Rule or Annex section number for which the
81.5 Application for a Certificate of Alternative Compliance. Certificate of Alternative Compliance is sought;
81.9 Certificate of Alternative Compliance Contents (ii) A description of the special function of the vessel that would be
interfered with by full compliance with the provision of that Rule or Annex
81.17 Certificate of Alternative Compliance: Termination
section, and
81.18 Notice and record of certification of vessels of special construction
(iii) A statement of how full compliance would interfere with the special
or purpose.
function of the vessel.
(6) A description of the alternative installation that is in closest possible
Exemptions compliance with the applicable 72 COLREGS Rule or Annex section.
81.20 Lights and sound signal appliances. (7) A copy of the vessel's plans or an accurate scale drawing that clearly
shows:
AUTHORITY: 33 U.S.C 1607, E.O. 11964, 49 CFR 1.46 (i) The required installation of the equipment under the 72 COLREGS,
(ii) The proposed installation of the equipment for which certification is
SOURCE: CGD 76-130, 42 FR 17111, Mar. 31, 1977, unless otherwise
being sought, and
noted. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981.
(iii) Any obstructions that may interfere with the equipment when
installed in'
81.1 Definitions. (A) The required location; and
As used in this part (B) The proposed location.
72 COLREGS refers to the International Regulations for Preventing (b) The Coast Guard may request from the applicant additional
Collisions at Sea, 1972, done at London, October 20,1972, as rectified by information concerning the application
the Process-Verbal of December 1, 1973, as amended (Approved by the Office of Management and Budget under control
A vessel of special construction or purpose means a vessel designed or number 2115-0073)
modified to perform a special function and whose arrangement is thereby [CGD 77-136, 47 FR 13799, Apr. 1, 1982]
made relatively inflexible.
Interference with the special junction of the vessel occurs when 81.9 Certificate of Alternative Compliance: Contents.
installation or use of lights, shapes, or sound-signaling appliances under 72 The Chief of the Marine Safety Division issues the Certificate of
COLREGS prevents or significantly hinders the operation in which the Alternative Compliance to the vessel based on a determination that it cannot
vessel is usually engaged. comply fully with 72 COLREGS light, shape, and sound signal provisions
[CGD 77-136, 47 FR 13799, Apr. 1, 1982] without interference with its special function. This Certificate includes—
(a) Identification of the vessel as supplied in the application under
81.3 General §81.5(a)(2);
Vessels of special construction or purpose which cannot fully comply with (b) The provision of the 72 COLREGS for which the Certificate
the light, shape, and sound signal provisions of 72 COLREGS without authorizes alternative compliance,
interfering with their special function may instead meet alternative (c) A certification that the vessel is unable to comply fully with the 72
requirements. The Chief of the Marine Safety Division in each Coast Guard COLREGS lights, shape, and sound signal requirements without interfer-
District Office makes this determination and requires that alternative ence with its special function;
compliance be as close as possible with the 72 COLREGS These regulations (d) A statement of why full compliance would interfere with the special
set out the procedure by which a vessel may be certified for alternative function of the vessel;
compliance The information collection and recordkeeping requirements in (e) The required alternative installation;
§§81.5 and 81.18 have been approved by the Office of Management and
Budget under OMB control No. 2115-0073.
[CGD 77-136, 47 FR 13793, Apr. 1, 1982]
PAGE 1
33 CFR PART 81 58
M.E.T. PUBLICATION 515 — 5TH EDITION
33 CFR PART 81
PAGE 2
59
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
CODE OF REGULATIONS
PART 82-72 COLREGS:
INTERPRETATIVE RULES
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part."
However, we reprinted only those subparts and sections of concern to foreign vessels.
If you need additional information listed in this Table of Contents that does not appear
in the pages that follow, please write or fax us. We will be glad to furnish this
information for a small service charge.]
TABLE OF CONTENTS
82.1 Purpose.
82.3 Pushing vessel and vessel being pushed. Composite unit
82.1 Purpose.
This part contains the interpretative rules concerning the 72 COLREGS that
are adopted by the Coast Guard for the guidance of the public.
[CGD 76-133, 42 FR 35792, July 11, 1977. Redesignated by CGD 81-017, 46 FR
28154, May 26, 1981]
PAGE 1
33 CFR PART 82
60
M.E.T. PUBLICATION 515 — 5TH EDITION
a greater height above the hull than 8 meters;
TITLE 33 (2) When two masthead lights are carried the after one shall be at least 2
CODE OF FEDERAL REGULATIONS meters vertically higher than the forward one.
PART 84 - ANNEX I: POSITIONING AND (b) The vertical separation of the masthead lights of power-driven vessels
TECHNICAL DETAILS OF LIGHTS shall be such that in all normal conditions of trim the after light will be seen
over and separate from the forward light at a distance of 1000 meters from
AND SHAPES the stem when viewed from water level.
(c) The masthead light of a power-driven vessel of 12 meters but less
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." than 20 meters in length shall be placed at a height above the gunwale of
However, we reprinted only those subparts and sections of concern to foreign not less than 2.5 meters.
vessels. If you need additional information listed in this Table of Contents that does (d) The masthead light, or the all-round light described in Rule 23(c), of a
not appear in the pages that follow, please write or fax us. We will be glad to furnish power-driven vessel of less than 12 meters in length shall be carried at least
this information for a small service charge.] one meter higher than the sidelights.
[ MET Editorial Note: The Inland Navigation Rules are similar to the International (e) One of the two or three masthead lights prescribed for a power-driven
Regulations For Prevention Of Collision At Sea (72 COLREGS) although individual vessel when engaged in towing or pushing another vessel shall be placed in
rules may differ. The Inland Rules appear in Coast Guard Publication COMDTINST the same position as either the forward masthead light or the after masthead
M 16672.2C or later edition from Marine Education Textbooks as MET Stock # BK- light, provided that the lowest after masthead light shall be at least 2 meters
299.] vertically higher than the highest forward masthead light
(f)(1) The masthead light or lights prescribed in Rule 23(a) shall be so
TABLE OF CONTENTS placed as to be above and clear of all other lights and obstructions except as
described in paragraph (f)(2) of this section.
(2) When it is impracticable to carry the all-round lights prescribed in
84.01 Definitions. Rule 27(b)(i) below the masthead lights, they may be carried above the
84.03 Vertical positioning and spacing of lights. after masthead lights) or vertically in between the forward masthead lights)
84.05 Horizontal positioning and spacing of lights. and after masthead lights), provided that in the latter case the requirement
84.07 Details of location of direction-indicating lights for fishing vessels, of §84.05(d) shall be complied with.
dredgers and vessels engaged in underwater operations (g) The sidelights of a power-driven vessel shall be placed at least one
84.09 Screens meter lower than the forward masthead light They shall not be so low as to
84.11 Shapes be interfered with by deck lights.
84.13 Color specification of lights. (h) [Reserved]
(i) When the Rules prescribe two or three lights to be carried in a vertical
84.15 Intensity of lights.
line, they shall be spaced as follows:
84.17 Horizontal sectors. (1) On a vessel of 20 meters in length or more such lights shall be spaced
84.19 Vertical sectors. not less than 1 meter apart, and the lowest of these lights shall, except
84.21 Intensity of non-electric lights. where a towing light is required, be placed at a height of not less than 4
84.23 Maneuvering light meters above the hull;
84.25 Approval. [Reserved] (2) On a vessel of less than 20 meters in length such tights shall be
spaced not less than 1 meter apart and the lowest of these lights shall,
except where a towing light is required, be placed at a height of not less
AUTHORITY: 33 U.S.C. 2071; 49 CFR 1.46.
than 2 meters above the gunwale;
SOURCE: CGD 81-008, 46 FR 62447, Dec. 24, 1981, unless otherwise (3) When three lights are carried they shall be equally spaced.
noted. (j) The lower of the two all-round lights prescribed for a vessel when
engaged in fishing shall be a height above the sidelights not less than
84.01 Definitions. twice the distance between the two vertical lights.
(a) The term height above the hull means height above the uppermost (k) The forward anchor light prescribed in Rule 30(a)(i), when two are
continuous deck. This height shall be measured from the position vertically carried, shall not be less than 4.5 meters above the after one. On a vessel
beneath the location of the light of 50 meters or more in length this forward anchor light shall be placed at
a height or not less than 6 meters above the hull.
(b) The term practical cut-off means, for vessels 20 meters or more in
[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 89-024, 55 FR
length, 12.5 percent of the minimum luminous intensity (Table 84.15(b))
3947, Feb. 6, 1990]
corresponding to the greatest range of visibility for which the requirements
of Annex I are met
84.05 Horizontal positioning and spacing of lights.
(c) The term Rule or Rules means the Inland Navigation Rules contained
(a) Except as specified in paragraph (b) of this section, when two
in sec. 2 of the Inland Navigational Rules Act of 1980 (Pub. L. 96-591, 94
masthead lights are prescribed for a power-driven vessel, the horizontal
Stat. 3415, 33 U.S C. 2001, December 24, 1980) as amended.
distance between them shall not be less than one quarter of the length of the
vessel but need not be more than 50 meters. The forward light shall be
84.03 Vertical positioning and spacing of lights. placed not more than one half of the length of the vessel from the stem.
(a) On a power-driven vessel of 20 meters or more in length the (b) On power-driven vessels 50 meters but less than 60 meters in length
masthead lights shall be placed as follows operated on the Western Rivers, and those waters specified in §89.25, the
(1) The forward masthead light, or if only one masthead light is carried, horizontal distance between masthead lights shall not be less than 10
then that light, at a height above the hull of not less than 5 meters, and, if meters.
the breadth of the vessel exceeds 5 meters, then at a height above the hull (c) On a power-driven vessel of 20 meters or more in length the sidelights
not less than such breadth, so however that the light need not be placed at shall not be placed in front of the forward masthead lights. They
PAGE 1
61
33 CFR PART 84
M.E.T. PUBLICATION 515 — 5TH EDITION
shall be placed at or near the side of the vessel. (1) White:
(d) When the lights prescribed in Rule 27(b)(i) are placed vertically x 0.525 0.525 0.452 0.310 0.310 0.443
between the forward masthead lights) and the after masthead lights) these y 0.382 0.440 0.440 0.348 0.283 0.382
all-round lights shall be placed at a horizontal distance of not less than 2 (2) Green:
meters from the fore and aft centerline of the vessel in the athwartship x 0.028 0.009 0300 0.203
direction. y 0.385 0.723 0.511 0.356
[CGD 81-008, 48 FR 62447, Dec. 24, 1981, as amended by CGD 88-07, 53 FR (3) Red:
10533, April 1, 1988] x 0.680 0.660 0.735 0.721
y 0.320 0.320 0.265 0.259
84.07 Details of location of direction-indicating lights for fishing vessels, (4) Yellow.
x 0.612 0.618 0.575 0.575
dredgers and vessels engaged in underwater operations.
y 0.382 0.382 0.425 0.406
(a) The light indicating the direction of the outlying gear from a vessel
engaged in fishing as prescribed in Rule 26(c)(ii) shall be placed at a
horizontal distance of not less than 2 meters and not more than 6 meters 84.15 Intensity of lights.
away from the two all-round red and white lights. This light shall be placed (a) The minimum luminous intensity of lights shall be calculated by using
not higher than the all-round white light prescribed in Rule 26(c)(i) and not the formula:
lower than the sidelights I=3.43 x 106 x T x D2 x K-D
(b) The lights and shapes on a vessel engaged in dredging or underwater
where I is luminous intensity in candelas under service conditions,
operations to indicate the obstructed side and/or the side on which it is safe
T is threshold factor 2x10-7 lux,
to pass, as prescribed in Rule 27(d)(i) and (ii), shall be placed at the
D is range of visibility (luminous range) of the light in nautical miles,
maximum practical horizontal distance, but in no case less than 2 meters,
K is atmospheric transmissivity. For prescribed lights the value of
from the lights or shapes prescribed in Rule 27(b)(i) and (ii). In no case shall
K shall be 0.8, corresponding to a meteorological visibility of
the upper of these lights or shapes be at a greater height than the lower of
approximately 13 nautical miles.
the three lights or shapes prescribed in Rule 27(b)(i) and (ii).
(b) A selection of figures derived from the formula is given in Table
84.09 Screens. 84.15(b):
(a) The sidelights of vessels of 20 meters or more in length shall be fitted
with that black inboard screens and meet the requirements of §84.17. On Table 84.15(b)
vessels of less than 20 meters in length, the sidelights, if necessary to meet
the requirements of §84.17, shall be fitted with that black inboard screens. Range of visibility (luminous range) of light in Minimum
With a combined lantern, using a single vertical filament and a very narrow nautical miles D
intensity of
light in
division between the green and red sections, external screens need not be
candelas for
fitted. K=0.8
(b) On power-driven vessels less than 12 meters in length constructed
1 0.9
after July 31, 1983, the masthead light, or the all-round light described in
2 4.3
Rule 23(c) shall be screened to prevent direct illumination of the vessel
3 12
forward of the operator's position. 4 27
5 52
84.11 Shapes. 6 94
(a) Shapes shall be black and of the following sizes:
(1) A ball shall have a diameter of not less than 0.6 meter;
(2) A cone shall have a base diameter of not less than 0.6 meter and a
height equal to its diameter; 84.17 Horizontal sectors.
(3) A diamond shape shall consist of two cones (as defined in paragraph (a)(1) In the forward direction, sidelights as fitted on the vessel shall
(a)(2) of this section) having a common base. show the minimum required intensities. The intensities shall decrease to
(b) The vertical distance between shapes shall be at least 1.5 meter. reach practical cut-off between 1 and 3 degrees outside the prescribed
(c) In a vessel of less than 20 meters in length shapes of lesser dimen- sectors.
sions but commensurate with the size of the vessel may be used and the (2) For sternlights and masthead lights and at 22.5 degrees abaft the
distance apart may be correspondingly reduced. beam for sidelights, the minimum required intensities shall be maintained
over the arc of the horizon up to 5 degrees within the limits of the sectors
84.13 Color specification of lights. prescribed in Rule 21. From 5 degrees within the prescribed sectors the
(a) The chromaticity of all navigation lights shall conform to the intensity may decrease by 50 percent up to the prescribed limits; it shall
following standards, which lie within the boundaries of the area of the decrease steadily to reach practical cut-off at not more than 5 degrees
diagram specified for each color by the International Commission on outside the prescribed sectors.
Illumination (CIE), in the "Colors of Light Signals", which is incorporated (b) All-round lights shall be so located as not to be obscured by masts,
by reference. It is Publication CIE No. 2.2. (TC-1.6), 1975, and is available topmasts or structures within angular sectors of more than 6 degrees,
from the Illumination Engineering Society, 345 East 47th Street, New York, except anchor lights prescribed in Rule 30, which need not be placed at an
NY 10017. It is also available for inspection at the Office of the Federal impracticable height above the hull, and the all-round white light described
Register, 800 Norm Capitol Street, NW., suite 700, Washington, DC. This in Rule 23(d), which may not be obscured at all.
incorporation by reference was approved by the Director of the Federal
Register 84.19 Vertical sectors.
(b) The boundaries of the area for each color are given by indicating the (a) The vertical sectors of electric lights as fitted, with the exception of
comer co-ordinates, which are as follows lights on sailing vessels underway and on unmanned barges, shall ensure
that.
33 CFR PART 84
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62
M.E.T. PUBLICATION 515 — 5TH EDITION
(1) At least the required minimum intensity is maintained at all angles from 5
degrees above to 5 degrees below the horizontal;
(2) At least 60 percent of the required minimum intensity is maintained from
7.5 degrees above to 7.5 degrees below the horizontal.
(b) hi the case of sailing vessels underway the vertical sectors of electric
lights as fitted shall ensure that
(1) At least the required minimum intensity is maintained at all angles from 5
degrees above to 5 degrees below the horizontal;
(2) At least 50 percent of the required minimum intensity is maintained from
25 degrees above to 25 degrees below the horizontal.
(c) In the case of unmanned barges the minimum required intensity of electric
lights as fitted shall be maintained on the horizontal.
(d) In the case of lights other than electric lights these specifications shall be
met as closely as possible
[CGD 81-008, 46 FR 62447, Dec. 24, 1981, as amended by CGD 89-024, 55 FR 3947,
Feb. 6, 1990]
33 CFR PART 84
PAGE 3
63
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
CODE OF FEDERAL REGULATION
PART 85 - ANNEX II: ADDITIONAL
SIGNALS FOR FISHING VESSELS
FISHING IN CLOSE PROXIMITY
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TABLE OF CONTENTS
85.1 General.
85.3 Signals for trawlers
85.5 Signals for purse seiners
85.1 General.
The lights mentioned herein shall, if exhibited in pursuance of Rule 26(d),
be placed where they can best be seen. They shall be at least 0.9 meter apart
but at a lower level than lights prescribed in Rule 26(b)(i) and (c)(i) contained
in the Inland Navigational Rules Act of 1980, as amended (33 U.S.C. 2001 et
seq.). The lights shall be visible all around the horizon at a distance of at least
1 mile but at a lesser distance from the lights prescribed by these Rules for
fishing vessels
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TABLE OF CONTENTS
Calumet River
(81) Mile 328.5 to 328.7
(83) Mile 329.2 to 329.4
(85) Mile 330 west bank to 330.2
(87) Mile 331.4 to 331.6
(89) Mile 332.2 to 332.4
(91) Mile 332.6 to 332.8
Cumberland River
(101) Mile 126.8
(103) Mile 191
33 CFR PART 88
PAGE 2
67
M.E.T. PUBLICATION 515 — 5TH EDITION
pliance. The information collection and recordkeeping requirements in
TITLE 33 §§89.5 and 89.18 have been approved by the Office of Management and
CODE OF FEDERAL REGULATION Budget under OMB control number 2115-0074.
PART 89 - INLAND NAVIGATION RULES:
IMPLEMENTING RULES 89.5 Application for a Certificate of Alternative Compliance.
(a) The owner, builder, operator, or agent of a vessel of special con-
struction or purpose who believes the vessel cannot fully comply with the
Inland Rules light, shape, or sound signal provisions without interference
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." with its special function may apply for a determination that alternative
However, we reprinted only those subparts and sections of concern to foreign compliance is justified. The application must be in writing, submitted to the
vessels. If you need additional information listed in this Table of Contents that does Chief of the Marine Safety Division of the Coast Guard District in which
not appear in the pages that follow, please write or fax us. We will be glad to furnish the vessel is being built or operated, and include the following information:
this information for a small service charge.] (1) The name, address, and telephone number of the applicant
(2) The identification of the vessel by its:
TABLE OF CONTENTS (i) Official number, (ii) Shipyard hull number;
(iii) Hull identification number, or
(iv) State number, if the vessel docs not have an official number or hull
Subpart A—Certificate of Alternative Compliance identification number.
89.1 Definitions. (3) Vessel name and home port, if known.
(4) A description of the vessel's area of operation.
89.3 General.
(5) A description of the provision for which the Certificate of Alternative
89.5 Application for a Certificate of Alternative Compliance. Compliance is sought, including:
89.9 Certificate of Alternative Compliance. Contents. (i) The Inland Rules Rule or Annex section number for which the
89.17 Certificate of Alternative Compliance- Termination. Certificate of Alternative Compliance is sought;
89.18 Record of certification of vessels of special construction or purpose. (ii) A description of the special function of the vessel that would be in-
terfered with by full compliance with the provision of that Rule or Annex
Subpart B—Waters Upon Which Certain Inland Navigation Rules section; and
Apply (iii) A statement of how foil compliance would interfere with the special
89.21 Purpose. function of the vessel.
(6) A description of the alternative installation that is in closest possible
89.23 Definitions.
compliance with the applicable Inland Navigation Rules Rule or Annex
89.25 Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.
section.
89.27 Waters upon which Inland Rule 24(i) applies.
(7) A copy of the vessel's plans or an accurate scale drawing that clearly
AUTHORITY: 33 U.S.C. 2071; 49 CFR 1.46(n)(14). SOURCE: CGD 80- shows:
157, 47 FR 13801, Apr. 1, 1982, unless otherwise noted.
(i) The required installation of the equipment under the Inland Rules,
(ii) The proposed installation of the equipment for which certification is
being sought, and
Subpart A—Certificate of Alternative Compliance (iii) Any obstructions that may interfere with the equipment when in-
stalled in:
89.1 Definitions. (A) The required location; and
As used in this subpart (B) The proposed location.
Inland Rules refers to the Inland Navigation Rules contained in the (b) The Coast Guard may request from the applicant additional
Inland Navigational Rules Act of 1980 (Pub. L. 96-591) and the technical information concerning the application.
annexes established under that act [CGD 80-157, 47 FR 13801, Apr. 1, 1982; 47 FR 18332, Apr. 29, 1982]
A vessel of special construction or purpose means a vessel designed or
modified to perform a special function and whose arrangement is thereby 89.9 Certificate of Alternative Compliance: Contents.
made relatively inflexible The Chief of the Marine Safety Division issues the Certificate of Alter-
Interference with the special junction of the vessel occurs when installa- native Compliance to the vessel based on a determination that it cannot
tion or use of lights, shapes, or sound-signaling appliances under the Inland comply fully with Inland Rules light, shape, and sound signal provisions
Rules prevents or significantly hinders the operation in which the vessel is without interference with its special function. This Certificate includes:
usually engaged. (a) Identification of the vessel as supplied in the application under
[CGD 80-157, 47 FR 13801, Apr. 1, 1982, as amended by CGD 83-028, 49 FR §89.5(a)(2);
33876, Aug. 27, 1984] (b) The provision of the Inland Rules for which the Certificate authorizes
alternative compliance;
89.3 General. (c) A certification that the vessel is unable to comply fully with the
Vessels of special construction or purpose which cannot fully comply Inland Rules light, shape, and sound signal requirements without inter-
with the light, shape, and sound signal provisions of the Inland Rules with- ference with its special function;
out interfering with their special function may instead meet alternative (d) A statement of why full compliance would interfere with the special
requirements. The Chief of the Marine Safety Division in each Coast Guard function of the vessel;
District Office makes this determination and requires that alternative com- (e) The required alternative installation;
pliance be as close as possible with the Inland Rules. These regulations set (f) A statement that the required alternative installation is in the closest
out the procedure by which a vessel may be certified for alternative com possible compliance with the Inland Rules without interfering with the
special function of the vessel;
89.23 Definitions.
As used in this subpart
Wand Rules refers to the Inland Navigation Rules contained in the Inland
Navigational Rules Act of 1980 (Pub. L. 96-591, 33 U.S.C. 2001 et seq.)
and the technical annexes established under that Act.
[CGD 83-028, 49 FR 33876, Aug. 27, 1984]
89.25 Waters upon which Inland Rules 9(a)(ii), 14(d), and 15(b) apply.
Inland Rules 9(a)(ii), 14(d), and 15(b) apply on the Great Lakes, the
Western Rivers, and the following specified waters:
(a) Tennessee-Tombigbee Waterway.
(b) Tombigbee River.
(c) Black Warrior River.
(d) Alabama River.
(e) Coosa River.
(f) Mobile River above the Cochrane Bridge at St. Louis Point
(g) Flint River. (h) Chattachoochee River.
(i) The Apalachicola River above its confluence with the Jackson River.
[CGD 91-050, 58 FR 27625, May 10, 1993]
TITLE 33
CODE OF FEDERAL REGULATIONS
PART 90 - INLAND RULES:
INTERPRETATIVE RULES
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information for a small service charge.]
TABLE OF CONTENTS
90.1 Purpose.
90.3 Pushing vessel and vessel being pushed: Composite unit
90.1 Purpose.
This part contains the interpretative rules for the Inland Rules. These
interpretative rules are intended as a guide to assist the public and promote
compliance with the Inland Rules
95.001 Purpose.
95.020 Standard of intoxication.
(a) The purpose of this part is to establish intoxication standards under 46
An individual is intoxicated when.
U.S.C. 2302 and to prescribe restrictions and responsibilities for personnel (a) The individual is operating a recreational vessel and has an alcohol
on vessels inspected, or subject to inspection, under Chapter 33 of Title 46 concentration of 10 percent by weight or more in their blood;
United States Code This part does not pre-empt enforcement by a State of (b) The individual is operating a vessel other than a recreational vessel
its applicable laws and regulations concerning operating a recreational and has an alcohol concentration of 04 percent by weight or more in their
vessel while intoxicated blood, or,
(b) Nothing in this part shall be construed as limiting the authority of a (c) The individual is operating any vessel and the effect of the intoxi-
vessel's marine employer to limit or prohibit the use or possession of cants) consumed by the individual on the person's manner, disposition,
alcohol on board a vessel speech, muscular movement, general appearance or behavior is apparent by
observation.
95.005 Applicability. [CGD 84-099, 52 FR 47532, DEC. 14, 1987; CGD 84-099, 53 FR 13117, April 21,
(a) This part is applicable to a vessel (except those excluded by 46 U.S.C 1988]
2109) operated on waters subject to the jurisdiction of the United States,
and to a vessel owned in the United States on the high seas. This includes a 95.025 Adoption of State standards.
foreign vessel operated on waters subject to the jurisdiction of the United (a) This section applies to recreational vessels on waters within the
States. geographical boundaries of a State having a statute defining a percentage of
(b) This part is also applicable at all times to vessels inspected, or subject alcohol in the blood for the purposes of establishing that a person operating
to inspection, under Chapter 33 of Title 46 United States Code. a vessel is intoxicated or impaired due to alcohol.
[CGD 84-099, 52 FR 47532, Dec. 14, 1987; CGD 84-009, 53 FR 13117, Apr. 21, (b) If the applicable State statute establishing a standard for determining
1988] impairment due to alcohol uses the terms "under the influence," "operating
while impaired," or equivalent terminology and docs not separately define a
95.010 Definition of terms as used in this part. percentage of alcohol in the blood for the purpose of establishing
Alcohol means any form or derivative of ethyl alcohol (ethanol). "intoxication," the standard containing the highest defined percentage of
Alcohol concentration means either grams of alcohol per 100 milliliters of alcohol in the blood applies in lieu of the standard in §95.020(a). If the
blood, or grams of alcohol per 210 liters of breath. applicable State statute contains a standard specifically applicable to
Chemical test means a test which analyzes an individual's bream, blood,
33 CFR PART 95
PAGE 1
71
M.E.T. PUBLICATION 515 — 5TH EDITION
establishing intoxication, in addition to standards applicable to other (a) Is liable to the United States Government for a civil penalty of not
degrees of impairment, the standard specifically applicable to establishing more than $ 1,000; or
intoxication applies in lieu of the standard in §95.020(a). (b) Commits a class A misdemeanor, as described in 18 U.S.C. 3551 et
(c) For the purposes of this part, a standard established by Stale statute seq.
and adopted under this section is applicable to the operation of any rec- [CGD 92-007, 57 FR 33261, July 27, 1992]
reational vessel on waters within the geographical boundaries of the State.
95.055 Penalties.
An individual who is intoxicated when operating a vessel in violation of 46
U.S.C. 2302(c)—
(11) Anchorage No. 21-B. That area enclosed by coordinates starting at weighs anchor.
40°40'23.8" N, 74°02'10.9" W.; to 40°40'26.2" N., 74°01'49.5" W.; to (iii) No vessel may conduct lightering operations unless it notifies the
40°40'22.5" N., 74°01'35.2" W.; to 40°39'03.0" N., 74°02'26J" W.; to Captain of the Port before it begins lightering operations.
40°38'54.7" N., 74°02'18.9" W.; to 40°38'43.7" N., 74°02'30.3" W.; to (iv) Each vessel lightering must notify the Captain of the Port at the
40°39'19.3" N., 74°03'033" W.; to 40°39'22.3" N., 74°03'02.4" W.; to termination of lightering.
40°40'18.6" N., 74°02'25.5" W.; thence back to 40°40'23.8" N., (v) No vessel may anchor unless it maintains a bridge watch, guards and
74°02'10.9" W. answers Channel 16 FM, and maintains an accurate position plot
(i) See 33 CFR 110.155 (d)(16) and (1). (vi) If any vessel is so close to another that a collision is probable, each
(11) No vessel with a draft of 10 feet (3.048 meters) or less may occupy vessel must communicate with the other vessel and the Captain of the Port
fills anchorage without the prior approval of the Captain of the Port. on Channel 16 FM and shall act to eliminate the close proximity situation.
(12) Anchorage No. 21-C. That area enclosed by coordinates starting at (vii) No vessel may anchor unless it maintains the capability to get
40°39'19.3" N, 74°03'03.3" W.; to 40°38'43.7" N., 74°02'30.3" W.; to underway within 30 minutes except with prior approval of the Captain of
40°38'41.6" N., 74°02'32.5" W.; to 40°38'03.0" N., 74°02'48.7" W.; to the Port
40°38'03.0" N., 74°03'03.5" W.; to 40°38'38.4" N., 74°03'15.5" W.; (viii) No vessel may anchor in a "dead ship" status (propulsion or control
thence back to 40°39'19.3" N., 74°03'03.3" W. unavailable for normal operations) without the prior approval of the
(i) See 33 CFR 110.155 (d)(16) and (1). Captain of the Port.
(ii) No vessel with a draft of 33 feet (10.0584 meters) or less may occupy (ix) Each vessel in a "dead ship" status must engage an adequate number
this anchorage without the prior approval of the Captain of the Port. of tugs alongside during tide changes. A tug alongside may assume the
(13) Anchorage No. 23-A. That area enclosed by coordinates starting at Channel 16 FM radio guard for the vessel after it notifies the Captain of the
40°38'36.5" N., 74°04'13.5" W.; to 40°38'37.0" N., 74°03'49.0" W.; to Port.
40°38'23.4" N., 74°03'37.2" W.; to 40°37'49.5" N., 74°03'25.7" W.; to (x) No vessel may lighter in a "dead ship" status without prior approval
40°37'49.8" N., 74°03'50.1" W.; to 40°37'50.0" N., 74°03'50.2" W.; to from the Captain of the Port.
40°37'53.0" N., 74°04'07.0" W.; thence back to 40°38'36.5" N., 74°04'13.5" (e) Lower Bay—
W.. (1) Anchorage No. 25. That area enclosed by coordinates starting at
(i) See 33 CFR 110.155 (d)(16) and (1). 40°35'58.2" N., 74°02'18.4" W.; to 40°36'12.0" N., 74°01'29.0" W. to
(ii) No vessel may occupy this anchorage for a period of time in excess of 40°36'03.0" N., 74°00'52.5" W., to 40°34'57.5" N., 74°00'25.0" W. to
48 hours without the prior approval of the Captain of the Port. 40°34'40.0" N., 74°01'03.0" W.; to 40°34'53.0" N., 74°01'56.1" W. to
(iii) No vessel with a length overall in excess of 670 feet (204-216 40°35'23.9" N., 74°02'04.8" W.; thence back to 40°35'58.2" N., 74°02'18.4"
meters) may occupy this anchorage without the prior approval of the W.
Captain of the Port. (i) See 33 CFR 110.155(d)(16) and (1).
(iv) No vessel with a draft of 40 feet (12.192 meters) or more may (ii) When the use of this anchorage is required by naval vessels, any
occupy this anchorage without the prior approval of the Captain of the Port commercial vessels anchored therein must move when directed by the Cap-
unless it anchors within 5 hours after ebb current begins at the Narrows. tain of the Port.
(v) See 33 CFR 334.85 for information on anchoring near the U.S. Navy (f) Lower Bay—
restricted area adjacent to this anchorage. (1) Anchorage No. 26. In Sandy Hook Bay south of a line extending from
(14) Anchorage No. 23-B. That area enclosed by coordinates starting at Point Comfort to Sandy Hook Point Light
40°37'49.8" N, 74°03'50.1" W.; to 40°37'49.5" N., 74°03'25.7" W.; to Note: Anchorages Nos. 49-F and 49-G in this area are reserved for
40°37'27.0" N., 74°03'18.1" W.; to 40°37'23.0" N., 74°03'59.0" W.; to vessels carrying explosives (see paragraph (m) (4) and (5) of this section)
40°37'30.0" N., 74°04'04.0" W.; to 40°37'37.5" N., 74°03'46.0" W.; and are excluded from use as general anchorages.
thence back to 40°37'49.8" N., 74°03'50.1" W. (i) Pleasure or commercial craft may not navigate or moor within 750
(i) See 33 CFR 110.155(d)(13) (ii) and (iv), (d)(16), and (1). yards of the Naval Ammunition Depot Pier at Leonardo, New Jersey, nor
(ii) No vessel with a length overall of 670 feet (204.216 meters) or less anchor in the approach channel or the turning basin adjacent thereto.
may occupy this anchorage without the prior approval of the Captain of the (ii) When immediate action is required and representatives of the Coast
Port. Guard are not present in sufficient force to exercise effective control of
(iii) See 33 CFR 334.85 for information on anchoring near the U.S. Navy shipping, the Commanding Officer of the Naval Ammunition Depot at
restricted area adjacent to this anchorage. Earle, New Jersey, may control the anchorage or movement of any vessel,
(15) Anchorage No. 24. That area enclosed by coordinates starting at foreign or domestic, to the extent he deems necessary to insure the safety
40°37'23.0" N., 74°03'59.0" W.; to 40°37'27.0" N., 74°03'18.1" W.; to and security of his command.
40°36'40.1" N., 74°03'02.2" W.; to 40°36'25.5" N., 74°02'56.4" W.; to (2) Anchorage No. 27—
40°36'21.0" N, 74°03'11.0" W.; to 40°36'25.0" N., 74°03'17.5" W.; (i) Atlantic Ocean. Beginning at Sandy Hook Light 15 to latitude
thence back to 40°37'23.0" N., 74°03'59.0" W. 40°28'52", longitude 74°00'03"; thence to latitude 40°28'41", longitude
(i) See 33 CFR 110.155(d)(13) (ii) and (iv), (d)(16), and (1). 73°58'54"; thence to latitude 40°25'58", longitude 73°55'00"; thence 180° to
(ii) No vessel with a length overall of less than 800 feet (243.84 meters), latitude 40°23'46", thence 270° toward Highland Light and Sandy Hook
or with a draft of less than 40 feet (12.192 meters) may occupy this shore; thence following the easterly shoreline of Sandy Hook to the point of
anchorage without the prior approval of the Captain of the Port. beginning.
(16) Any vessel anchored in or intending to anchor in Federal Anchorage (ii) Romer Shoal. Beginning at latitude 40°27'30", longitude 73°55'00";
20-A through 20-G, 21-A through 21-C, 23-A and 23-B, 24 or 25 must thence due north to latitude 40°29'05"; thence to latitude 40°31'25",
comply with the following requirements: longitude 74°00'55"; thence to latitude 40°32'11", longitude 74°01'41";
(i) No vessel may anchor unless it notifies the Captain of the Port when it thence to latitude 40°32'12", longitude 74°02'07"; thence 180° to latitude
anchors, of the vessel's name, length, draft, and its position in the 40°31'27"; thence to latitude 40°30' 13", longitude 74°00'07"; thence to the
anchorage. point of beginning.
(ii) Each vessel anchored must notify the Captain of the Port when it (iii) Flynns Knoll. Beginning at Sandy Hook Channel Lighted Bell Buoy
18; thence along the north side of Sandy Hook Channel to Sandy Hook
Channel Lighted Buoy; thence along the southwest side of Swash Channel
to Junction Buoy; thence along the east side of Chapel Hill Channel to Creek at Travis, Staten Island.
Chapel Hill Channel Buoy 2; and thence to the point of beginning. (2) Anchorage No. 42. East of lines ranging from the head of the
(3) Anchorage No. 28. West of lines bearing 154°30' from Fort Wads- Tottenville Shipyard Company pier at Tottenville, Staten Island, to the first
worth Light to Craven Shoal Lighted Bell Buoy 19A, thence in succession pier of the Outerbridge Crossing west from the Staten Island shore, thence
to Die buoys marking the east side of West Bank and the buoys on the west to Arthur Kill Light 10, thence to Arthur Kill Light 14, and thence to Arthur
side of Chapel Hill Channel to Southwest Spit Junction Lighted Gong Kill Lighted Buoy 16; and south of a line from thence to Smoking Point
Buoy, thence 182° to a line extending from Sandy Hook Point Light to (j) Raritan Bay—
Point Comfort; north of the latter line and the New Jersey shore; and east of (1) Anchorage No. 44. An area in Raritan Bay located at the junction of
a line bearing 353° from the head of the Keansburg Steamboat Pier at Point Arthur Kill and Raritan River, beginning at a point at latitude 40°30'07",
Comfort, through Great Kills Flat Buoy 4, to the Staten Island shore; longitude 74°15'13"; thence to latitude 40°30'01", longitude 74°15'30";
excluding from this area, however, (i) the waters west of a line ranging thence to latitude 40°29'27", longitude 74°15'06"; thence to latitude
from the stack on Hoffman Island 344° through the northeast comer of the 40°29'24", longitude 74°15'01"; thence to latitude 40°29'l5", longitude
T-shaped pier at South Beach; northwest of a line ranging from Great Kills 74°14'55"; thence to latitude 40°29'14", longitude 74°15'25"; thence to
Light 39° and tangent to the offshore face of the T-shaped pier at Midland latitude 40°29'48", longitude 74°15'48"; and thence to the point of
Beach; and northeast of a line ranging from the stack on Swinburne Island beginning.
301° to the shore end of the north jetty at New Creek; and (ii) the waters (i) The anchorage is restricted to deep-draft vessels except that barges
west of a line ranging from Conover Light at Leonardo, New Jersey, 340° may moor in that portion of the anchorage southerly of latitude 40°29'22".
through Old Orchard Shoal Light; northwest of a line bearing 230° from (ii) No vessel shall occupy the deep-draft portion of the anchorage for a
the stack on Hoffman Island; and northeast of a line ranging from Great longer period than 48 hours without a permit from the Captain of the Port.
Kills Light 332° through Marine Park Light at Crooks Point (2) Anchorage No. 45. West of the Raritan Bay Channel leading into
Note: A special anchorage area in this anchorage is described in Arthur Kill; north of the Raritan River Channel leading into Raritan River;
§110.60(r-l). and east of the Cutoff Channel between Raritan River and Arthur Kill,
(g)[Reserved] except that part of the said area occupied by Anchorage No. 44.
(h) Newark Bay— (3) [Reserved]
(1) Anchorage No. 34. South of the bridge of the Central Railroad (4) Anchorage No. 46. West of the west limit of Anchorage No. 28, as
Company of New Jersey; west of lines from a point on the bridge 100 yards denned by a line bearing 353° from the head of the Keansburg Steamboat
west of the west pier of the west lift span to Newark Bay Channel Buoy 5, Pier at Point Comfort, through Great Kills Flat Buoy 4 to the Staten Island
thence to the east end of the dike north of Shooters Island; north of the dike shore; north of Raritan Bay Channel as defined by the buoys and lights
and a line ranging from the west end of the dike through Kill Van Hull marking the norm side of the channel, including Princess Bay; northeast of
Light 18 and Kill Van Hull Buoy 20; and east of a line 250 feet east of and Raritan Bay Channel leading into Arthur Kill; and south of a line bearing
parallel to the Singer Manufacturing Company bulkhead. 243° from the gable of a house at Ward Point, Staten Island.
Note: A portion of this general anchorage is described as a special (5) Anchorage No. 47. South of the Raritan River Channel from opposite
anchorage in §110.60(r). the Sun Oil Company pier at South Amboy to Raritan River Buoy 3;
(2) [Reserved] thence south of a line in the direction of Boundary Daybeacon to latitude
(3) Anchorage No. 36. South of Port Newark Terminal Channel; west of 40°28'48.5", longitude 74°14'31.6"; thence south of lines through Raritan
a line ranging from a point 200 yards west of Newark Bay Light 3 to a Bay Light 7B, Raritan Bay Light 3A, and the buoys marking the south side
point 100 yards west of the west pier of the west lift span of the Central of Raritan Bay Channel Off Seguine Point to the west limit of Anchorage
Railroad of New Jersey Bridge; and norm of said bridge. No. 28 as defined by a line bearing 353° from the head of the Keansburg
(4) Anchorage No. 37. Norm of the Central Railroad of New Jersey Steamboat Pier through Great Kills Flat Buoy 4 to the Staten Island shore;
bridge; east of a line ranging from a point 200 yards east of the east pier of and west of the latter line.
the east lift span of the bridge to a point 200 yards east of the east end of (i) Vessels shall not anchor in the channel to Keyport Harbor west of lines
the lift span of the Pennsylvania-Lehigh Valley Railroad bridge; and south ranging from Keyport Channel Buoy 1 to Keyport Channel Buoy 9, thence
of the latter bridge. through Keyport Channel Buoys 11 and 13 to the northeast comer of the
Note: A portion of this general anchorage is described as a special easterly steamboat wharf; and east of a line extending from a point 400
anchorage in §110.60(q). yards west of Keyport Channel Buoy 1 tangent to the west shore at the
(5) Anchorage No. 38. North of the Pennsylvania-Lehigh Valley mourn of Matawan Creek.
Railroad bridge; east of lines ranging through a point 200 yards east of the Note: Anchorage No. 49-D in this area is reserved for vessels carrying
east end of the lift span of the said bridge and the red channel buoys explosives (see paragraph (m)(3) of this section) and is excluded from use
marking the dredged channel in Newark Bay and Hackensack River; and as a general anchorage.
south of the Central Railroad Company of New Jersey bridge. (k) [Reserved]
(6) Anchorage No. 39. Between the entrance channels of the Hackensack (1) General regulations.
and Passaic Rivers, northwest of lines from the abutment of the Central (1) No vessel in excess of 800 feet (243.84 meters) in length overall or 40
Railroad of New Jersey bridge on the west side of the Hackensack River to feet (12.192 meters) in draft may anchor unless it notifies the Captain of the
Hackensack River Light 1, and thence to Newark Bay Light 5, and east of a Port at least 48 hours prior to entering Ambrose Channel.
line from said light ranging toward the southeast comer of the Texas (2) Except in cases of great emergency, no vessel shall be anchored in the
Company wharf; and of a line ranging from the southeast comer of Gross navigable waters of the Port of New York outside of the anchorage areas
Wharf to the abutment and end of fill of the Central Railroad of New Jersey established in this section, nor cast anchor within a cable or pipe line area
bridge on the east side of the Passaic River. shown on a Government chart, nor be moored, anchored, or tied up to any
(i) Arthur Kill— pier, wharf, or vessel in such manner as to obstruct or endanger the
(1) Anchorage No. 41. The passage between Pralls Island and Staten passage of any vessel in transit by, or to or from, adjacent wharves, piers, or
Island included between a line running 29° from the extreme northwest slips.
point of Pralls Island to a point on Staten Island and a line from the
southern point of Pralls Island to the north side of the mouth of Neck
(3) No vessel shall occupy for a longer period than 30 days, unless a shown in Table 110.155(1)(7). These requirements may be waived or
permit is obtained from the Captain of the Port for that purpose, any modified by the Captain of tile Port upon written request from the applicant
anchorage for which the time of occupancy is not otherwise prescribed in for such waiver or modification.
this section. No vessel in a condition such that it is likely to sink or (vi) The mooring buoy shall be white in color with the Captain of the Port
otherwise become a menace or obstruction to navigation or anchorage of mooring permit number, in black letters, clearly visible at all times. The
other vessels shall occupy an anchorage except in an emergency, and then buoy is to extend not less than 1 foot above the surface of the water at all
only for such period as may be permitted by the Captain of the Port. times, exclusive of flagstaffs, rings, quick pickup devices, etc.
(4) Whenever, in the opinion of the Captain of the Port, such action may (vii) All required equipment shall be provided by, installed by, and
be necessary, that officer may require any or all vessels in any designated remain the property of the permit holder.
anchorage area to moor with two or more anchors. (viii) Mooring equipment should be raised at least every 2 years,
(5) Every vessel whose crew may be reduced to such number that it will inspected for deterioration and replaced if necessary.
not have sufficient men on board to weigh anchor at any time shall be an- (ix) Each person holding a mooring permit shall make what the Captain
chored with two anchors, with mooring swivel put on before the crew shall of the Port—New York considers reasonable use of the mooring. Nonuse of
be reduced or released, unless the Captain of the Port shall waive the a mooring up to 30 days during the boating season is deemed reasonable.
requirement of a mooring swivel. (x) Moorings for which permits have expired without renewal or have
(6) Anchors of all vessels must be placed well within the anchorage been revoked by the Captain of the Port—New York shall be removed by
areas, so that no portion of the hull or rigging shall at any time extend the owner within 10 days of such expiration or revocation.
outside the boundaries of the anchorage area. (xi) Granting of a Captain of the Port—New York mooring permit does
(7) Any vessel anchoring under circumstances of great emergency not give a right of access across private property. Arrangements for access
outside of the anchorage areas must be placed near the edge of the channel shall be made by the permit holder.
and in such position as not to interfere with the free navigation of the (xii) Each person to whom a Captain of the Port—New York mooring
channel nor obstruct the approach to any pier nor impede the movement of permit is issued agrees to hold harmless the United States, its officers,
any boat, and shall move away immediately after the emergency ceases, or agents, and employees, for any death, personal injury, or damage which
upon notification by the Captain of the Port. may result from the use of the permit or the rights granted under the
(8) The Captain of the Port may grant a revocable permit for the habitual permit
maintenance and use of a given mooring space in an anchorage area. (xiii) No vessel shall continuously occupy a mooring when a vessel in
Application information for a mooring permit is available from: regular traffic requires the berth or when navigation would be menaced or
Captain of the Port, Mooring Permit Section, Building 109, Governors inconvenienced thereby.
Island, New York, N.Y. 10004. (xiv) No vessel shall moor in any anchorage in such a manner as to
(i) A mooring permit is issued to an individual, for his exclusive use, of a interfere with the use of a duly authorized mooring buoy. Nor shall any
specific mooring, of a specific type, at a specific location, for a specific vessel moored to a buoy authorized by a Captain of the Port—New York
vessel. permit be moored such that any portion of that vessel comes within 50 feet
(ii) Mooring permits shall expire on April 30 of tile year after issuance. of a marked or dredged channel.
(iii) Mooring permits are not transferable. (xv) No vessel shall be navigated within the limits of an anchorage at
(iv) Moorings are shown on the large scale chart which may be seen at speed exceeding 6 knots when in the vicinity of a moored vessel.
the office of the Captain of the Port—New York. (xvi) In an emergency the Captain of the Port may shift the position of
(v) Mooring anchor, chain, and pendant (if applicable) requirements are any unattended vessel moored in or near any anchorage.
Table 110.155(1)(7)
Vessel length, in feet Anchor weight, in Anchor type Anchor scope Chain size in inches Pendant length in Pendant safe
pounds feet working load
5
15 or less 100 Mushroom or navy 3 x MHW /16 4 4 x anchor weight
3
Greater than 15 but not greater than 21 150 Mushroom or navy 3 x MHW /8 8 Do.
3
Greater than 21 but not greater than 26 200 Mushroom or navy 3 x MHW /8 10 Do.
1
Greater than 26 10 per foot of vessel Mushroom or navy 3 x MHW /2 for anchor of 400 10 Do.
length # or less, 5/2 if
greater than 400 #
(9) Barge dispensing stations and stake boats may be anchored in such Captain of the Port is not necessary for plant engaged upon works of river
places as the Captain of the Port may designate. and harbor improvement under the supervision of the District Engineer, but
(10) Upon approval of the District Engineer, Corps of Engineers, the the District Engineer will notify the Captain of the Port in advance of all
Captain of the Port may permit wrecking plant or other vessels legally such proposed work.
engaged in recovering sunken property, or in laying or repairing pipe lines (11) Whenever the maritime or commercial interests of the United States
or cables legally established, or plant engaged in dredging operations, to so require, the Captain of the Port is hereby empowered to shift the position
anchor within channels of the Port of New York. Permit issued by the of any vessel anchored within the anchorage areas, of any vessel
anchored outside the anchorage areas, of any vessel which is so moored or a vessel carrying explosives for use on river and harbor works or on other
anchored as to impede or obstruct vessel movements in any channel or work under Federal permit issued by the District Engineer to anchor in or
obstruct or interfere with range lights and of any vessel which, lying at the near the vicinity of such work without a permit from the Captain of the Port
exterior end of a pier or alongside an open bulkhead, obstructs or endangers The District Engineer will prescribe the quantities of such explosives
the passage of vessels in transit by, or to or from, adjacent wharf property or allowed on such vessel and the conditions under which they are to be stored
impedes the movements of vessels entering or leaving adjacent slips. and handled, and will furnish the Captain of the Port with a copy of such
(12) A vessel upon being notified to move into the anchorage limits or to safety instructions together with a copy of his written authorization.
shift its position on anchorage grounds, shall get under way at once or (7) Every vessel loading, unloading, transporting, or containing explo-
signal for a tug, and shall change position as directed, with reasonable sives shall display by day a red flag at least 16 square feet in area at its
promptness. masthead, or at least 10 feet above the upper deck if the vessel has no mast,
(13) Nothing in this section shall be construed as relieving any vessel or and shall display by night a red light in the same position specified for the
the owner or person in charge of any vessel from the penalties of law for flag.
obstructing navigation or for obstructing or interfering with range lights, or (8) When local regulations of any place require previous local authority
for not complying with the navigation laws in regard to lights, fog signals, for the transfer of explosives or fireworks between vessels or between a
or for otherwise violating law. vessel and a wharf or other place ashore, the Captain of the Port will permit
(14) Any vessel prohibited by these rules from anchoring in a specific the removal from the anchorage of such vessel containing explosives to any
anchorage because of the vessel's length or draft may anchor in the place covered by such local regulations only when he is satisfied that the
anchorage with permission from the Captain of the Port required local authority has been granted.
(m) Anchorages for vessels carrying explosives. Note: The anchorage in this section are regulated under Title I, Ports and
(1) [Reserved] Waterways Safety Act of 1972 as stated in §110.1a(a) of this part The
(2) Anchorage No. 49-F (emergency naval anchorage). That portion of penalties for violating regulations under this Act are stated in §110.1a(b) of
Sandy Hook Bay bounded by a line bearing 170°, 3,800 yards, from a point this part.
bearing 281°30', 2,050 yards from Sandy Hook Light; thence 260°, 500 [CGFR 67-46, 32 FR 17728, Dec. 12, 1967]
yards; thence 350°, 3,800 yards; thence 080°, 500 yards, to the point of Editorial Note: For Federal Register citations affecting § 110.155, see
beginning. the List of CFR Sections Affected in the Finding Aids section of this
(i) This anchorage is to be used for the anchorage of naval vessels during volume.
emergencies only.
(ii) No pleasure or commercial craft shall navigate or moor within this 110.156 Randall Bay, Freeport, Long Island, N.Y.
area at any time when naval vessels which are moored in the area display a (a) The anchorage grounds. Southward of a line 312 feet south of and
red flag by day or a red light by night parallel to the south side of Casino Street; eastward of a line 215 feet east of
(3) Anchorage No. 49-G (naval anchorage). That portion of Sandy Hook and parallel to the east side of West Side Avenue, said line extending
Bay bounded by a line bearing 208°, 1350 yards, from a point bearing southerly to a point 233 feet north of the prolonged north side of Clinton
292°30', 3,600 yards, from Sandy Hook Light thence 298°, 620 yards; Street; northeastward of a line from the last-mentioned point to a point 243
thence 002°, 1,250 yards; thence 107°, 1,150 yards, to the point of feet southerly of the prolonged south side of Clinton Street and 210 feet east
beginning. of the east side of Prospect Street; eastward of a line 210 feet east of and
(i) No pleasure or commercial craft shall navigate or moor within this parallel to the east side of Prospect Street; northward of a line 25 feet north
area at any time when vessels which are moored in the area display a red of and parallel to the prolonged norm side of Suffolk Street; westward of a
flag by day or a red light by night line 210 feet west of and parallel to the west side of South Long Beach
(n) Regulations for explosive anchorages. Avenue, said line extending northerly to a point 222 feet south of the
(1) Anchorages Nos. 49-C, 49-F, and 49-G are reserved for vessels
prolonged south side of Queens Street; southwestward of a line from the
carrying explosives. All vessels carrying explosives shall be within these
last-mentioned point to a point 74 feet northerly of the prolonged north side
areas when anchored, except as provided in paragraph (n)(6) of this section.
of Queens Street and 120 feet west of the west side of Roosevelt Avenue;
(2) A written permit shall be obtained from the Captain of the Port before
and westward of a line 120 feet west of and parallel to the west side of
vessels carrying explosives, or on which explosives are to be loaded, may
Roosevelt Avenue.
proceed to the anchorages provided for them; and no vessel shall occupy a
(b) The regulations.
berth in such anchorage except by authority of such permit, which permit (1) When applied for, a berth in this anchorage, if available, may be
may be revoked at any time. assigned to any vessel by the Captain of the Port of New York.
(3) Vessels used in connection with loading or unloading explosives on (2) The Captain of the Port is authorized to issue permits for maintaining
vessels in anchorage areas, including tugs and stevedore boats, shall carry a mooring buoys within the anchorage. The method of anchoring these buoys
written permit from the Captain of the Port The Captain of the Port may, in shall be as prescribed by the Captain of the Port
his discretion, require every person having business on board vessels which (3) No vessel shall anchor in the anchorage in such manner as to interfere
are being loaded with explosives, other than members of the crew, to have a with the use of a duly authorized mooring buoy.
pass from the Captain of the Port in such form as he shall prescribe. Such (4) No vessel shall be navigated within the anchorage at a speed
permit or pass shall be shown whenever required by him or by his exceeding six knots.
authorized agents. (5) In case of emergencies, the Captain of the Port is authorized to shift
(4) Whenever any vessel not fitted with mechanical power anchors in the the position of any unattended vessel moored in or near the anchorage.
explosives anchorages while carrying explosives, the Captain of the Port
may require the attendance of a tug upon such vessel when in his judgment
110.157 Delaware Bay and River .
such action is necessary.
(a) The anchorage grounds—
(5) Vessels carrying explosives shall comply with the general regulations
(1) Anchorage A off the entrance to the Mispillion River. In Delaware Bay
in paragraph (1) of this section when applicable.
southwest of Brandywine Channel beginning at latitude 38°53'57" N.,
(6) The District Engineer, Corps of Engineers, may authorize, in writing,
longitude 75°08'00" W., thence northwesterly to latitude 39°01'22" N.,
longitude 75°13'25" W., thence southwesterly to latitude 39°00'49" N.,
longitude 75°14'57" W., thence southeasterly to latitude 38°53'22" N.,
longitude 75°09'26" W., thence northeasterly to the point of beginning. examination by public health, customs, or immigration authorities shall
Supervision over the anchoring of vessels and over all cargo transfer anchor in the preferential area of this anchorage designated for the use of
operations in Anchorage A is exercised by the Captain of the Port, vessels awaiting quarantine inspection, this area being the waters bounded
Philadelphia. The regulations of paragraphs (b)(1) and (b)(2) of this section by the arc of a circle with a radius of 366 yards and with the center located
do not apply to this anchorage. at:
(2) Anchorage 1 off Bombay Hook Point. On the southwest side of the
channel along Listen Range, bounded as follows: Beginning at a point Latitude Longitude
(approximately latitude 39°17'59", longitude 75°23'07") bearing 228 from 39°48'46.334" N 75°23'26.881" W
Ship John Shoal Light, 167 yards southwest of the southwest edge of the
channel along Liston Range; thence 228°, 2,000 yards; thence 318°, 8,000 (DATUM: NAD 83)
yards; thence 48°, 2,000 yards; and thence 138°, 8,000 yards, to the point of
beginning. (iii) Should the remainder of the anchorage be in use, the preferential
(3) Anchorage 2 northwest of Artificial Island. On the east side of the area, when available, may be used by vessels not subject to quarantine
channel along Reedy Island Range, bounded as follows: Beginning at a inspection.
point bearing 105° from the northernmost point of Reedy Island, 167 yards (9) Anchorage 8 off Thompson Point. On the south side of the channel
easterly of the east edge of the channel along Reedy Island Range; thence along Tinicum Range, between Thompson Point and the east side of Crab
105°, 800 yards; thence 195°, 4,500 yards; thence 285°, 800 yards to a point Point, bounded as follows: Beginning at a point on the south edge of the
(approximately latitude 39° 28' 58", longitude 75° 33' 37") opposite the channel along Tinicum Range at longitude 75°18'24"; thence easterly along
intersection of Reedy Island and Baker Ranges; and thence 15°, 4,500 the edge of the channel to longitude 75°17'54"; thence 179°, 267 yards;
yards, to the point of beginning. thence 260°30', 793 yards; thence 358°, 425 yards, to the point of
(4) Anchorage 3 southeast of Reedy Point. Southeast of the entrance to beginning.
the Chesapeake and Delaware Canal at Reedy Point, bounded on the east by (10) Anchorage 9 near entrance to Mantua Creek On the southeast side
the west edge of the channel along Reedy Island and New Castle Ranges; of the channel along Mifflin Range, bounded as follows: Beginning at a
on the west by a line beginning at a point on the west edge of the channel point on the southeast edge of the channel at longitude 75°14'26"; thence
along Reedy Island Range at latitude 39°31 '43", thence to a point bearing northeasterly along the edge of the channel to longitude 75°12'01.5";
168°30', 3,150 yards, from Chesapeake and Delaware Canal 2 Light, and thence 203°30', 933 yards; thence 233°30', 3,058 yards; and thence 263°30',
thence to a point bearing 131°, 1,160 yards, from Chesapeake and Delaware 933 yards, to the point of beginning. Vessels must not cast anchor in this
Canal 2 Light; and on the north by a line running from the last-described anchorage in such manner as to interfere unreasonably with the passage of
point 113°30', approximately 813 yards, to the west edge of the channel other vessels to and from Mantua Creek.
along New Castle Range. (11) Anchorage 10 (naval) at Naval Base, Philadelphia. On the north
(5) Anchorage 4 north of Reedy Point. North of the entrance to the side of the channel along West Horseshoe Range, bounded as follows:
Chesapeake and Delaware Canal at Reedy Point, on the west side of the Beginning at the southeasterly comer of Pier 7 (approximately latitude
river, bounded as follows: Beginning at a point (approximately latitude 39°53'11", longitude 75°09'58.5"); thence 174°, 525 yards, to the north edge
39°33'51", longitude 75°33'35") 344°58' true, 160 yards from Chesapeake of the channel along West Horseshoe Range; thence 273°30' along the edge
and Delaware Canal Light 2; thence 306°26', 1,442 yards; thence 36°26', of the channel, 880 yards; thence 354°, 433 yards, to the southeasterly
377 yards; thence 126°26', 1,442 yards; thence 216°26', 377 yards to the comer of Pier 1; and thence 88°30', 875 yards, to the point of beginning.
point of beginning. This is a restricted naval anchorage.
(6) Anchorage 5 southeast of Pea Patch Island. On the northeast side of (12) Anchorage 11 at Gloucester. On the east side of the channel south of
the channel along New Castle Range, bounded as follows: Beginning at the Walt Whitman Bridge at Gloucester, bounded as follows: Beginning at a
latitude 39°34'28", longitude 75°33'06"; thence 334°, 2343 yards; thence point on the east edge of the channel at latitude 39°54'16"; thence 174°30',
64°, 512 yards; thence 154°, 2,343 yards; and thence 244°, 512 yards, to the 500 yards, to latitude 39°54'02", longitude 75°07'43"; thence 202°, 1,133
point of beginning. yards; thence 2I7°30', 1,142 yards, to the east edge of channel; thence
(7) Anchorage 6 off Deepwater Point. Southeast of the entrance to northeasterly along the edge of the channel to the point of beginning.
Christina River, on the east side of the channel along Cherry Island Range, (13) Anchorage 12 between Gloucester and Camden. On the east side of
bounded as follows: Beginning at latitude 39°41'31", longitude 75°30'55"; the channel adjoining and on the upstream side of Anchorage 11, from the
thence 17°, 2,747 yards; thence 112°, 847 yards; thence 215°, 1340 yards; Gloucester to Camden, bounded as follows: Beginning at a point on the east
thence 204°, 893 yards; thence 186°30', 500 yards; and thence 286°, 377
edge of the channel at latitude 39°54'16"; thence northerly along the edge of
yards, to the point of beginning. Vessels must not cast anchor in the cable
the channel to latitude 39°56'32.5"; thence 133°, 283 yards to a point on a
area at the lower end of this anchorage except in case of emergency.
line 100 feet west of the established pierhead line; thence southerly along
(8) Anchorage 7 off Marcus Hook. (i) On the southeast side of the
this line to latitude 39°54'34"; thence 196°16', 882 yards to latitude
channel along Marcus Hook Range, bounded by a line connecting the
39°54'08.5"; thence 354°36', 267 yards to the point of beginning. The area
following points:
between New York Shipbuilding Corporation Pier No. 2 and the
MacAndrews and Forbes Company pier, Camden, shall be restricted to
Latitude Longitude facilitate the movement of carfloats to and from Bulson Street, Camden.
39°49'17.254" N 75°22'50.0994" W The area in front of the Public Service Electric and Gas Company pier shall
be restricted to facilitate the movement of vessels to and from the pier.
39°48'39.984" N 75°23'17.238" W
39°47'45.309" N 75°25'01.278" W Should the anchorage become so congested that vessels are compelled to
39°47'43.111" N 75°26'00.186" W anchor in these restricted areas, they must move immediately when another
berth is available.
(DATUM: NAD 83) (ii) A vessel that is arriving from or departing for sea (14) Anchorage 13 at Camden. On the east side of the channel adjoining
and that requires an and on the upstream side of Anchorage 12, to Cooper Point, Camden,
bounded as follows: Beginning at a point on the east edge of the channel
at latitude 39°56'32.5°; thence northerly along the edge of the channel to work.
latitude 39°57'39.7"; thence 139°, 217 yards to a point on a line 100 feet (8)[Reserved]
west of the established pierhead line; thence southerly along this line to (9) A vessel upon being notified to shift its position shall get under way
latitude 39°56'26.5"; thence 313°, 283 yards to the point of beginning. at once or signal for a tug and shall change position as directed with rea-
(15) Anchorage 14 opposite Port Richmond. On the southeast side of the sonable promptness.
channel, north of Petty Island, bounded as follows: Beginning at a point on (10) Nothing in this section shall be construed as relieving any vessel or
the southeast edge of the channel at longitude 75°05'43"; thence 163°, 248 the owner or person in charge of any vessel from the penalties of law for
yards; thence 253°, 1,978 yards, to the southeast edge of the channel; and obstructing navigation or for obstructing or interfering with range lights, or
thence northeasterly along the edge of the channel to the point of beginning. for not complying with the laws relating to lights and fog signals or other
Vessels having a draft of less than 20 feet must anchor southwest of Pier navigation laws and regulations.
No. 11, Port Richmond. The area off the Cities Service Oil Company (c) Regulations for vessels carrying and handling explosives. (1) All
wharves. Petty Island, shall be restricted to facilitate the movement of vessels carrying explosives as defined in and subject to Title 49 Code of
vessels to and from the wharves. Federal Regulations, Parts 171 through 177, or on which such explosives
(16) Anchorage 15 off northeasterly end of Petty Island. On the southeast are to be loaded, shall obtain a permit from the Captain of the Port, except
side of the channel, bounded as follows: Beginning at a point on the south- as provided in paragraph (c)(5) of this section. The maximum amount of
east edge of the channel at longitude 75°05'34.7"; thence northeasterly explosives for which a permit is required in 49 CFR Parts 171 through 177,
along the southeast edge of the channel to longitude 75°05'09.5"; thence which may be carried or loaded at any time by a vessel shall not exceed 800
171°, 198 yards; thence 260°30', 667 yards; and thence 351°, 198 yards, to tons, except in cases of great emergency or by special permit from the
the point of beginning. When necessary, this anchorage will be reserved for Captain of the Port. This written permit shall be obtained from the Captain
vessels under the custody of the United States, at which time other vessels of the Port before vessels carrying explosives or on which explosives are to
may be required by the Captain of the Port to shift position. be loaded within the weight limit specified in paragraph (c)(1) of this
(17) Anchorage 16 between Port Richmond and Five Mile Point. On the section, may anchor in any anchorage. Permits will not be issued for
northwest side of the channel, bounded as follows: Beginning at a point on Anchorage 2 under any circumstances. Such permit may be revoked at any
the northwest edge of the channel at longitude 75°05'35"; thence northeast- time. All vessels used in connection with loading, or unloading explosives
erly along the edge of the channel to longitude 75°04'20"; thence 328°, 125 shall carry written permits from the Captain of the Port, and shall show
yards; thence 243°, 450 yards; thence 251°, 475 yards; thence 257°, 1,042 such permit whenever required by him or his representative.
yards; thence 174°30', 122 yards, to the point of beginning. When (2) Vessels handling explosives shall be anchored so as to be at least
necessary, this anchorage will be reserved for vessels under the custody of 2,200 feet from any other vessel, but the number of vessels which may
the United States, at which time other vessels may be required by the anchor in an anchorage at any one time shall be at the discretion of the
Captain of the Port to shift position. Captain of the Port. This provision is not intended to prohibit barges or
(b) General regulations. lighters from tying up alongside the vessels for the transfer of cargo.
(1) Except in cases of great emergency, no vessel shall be anchored in (3) Whenever a vessel or barge not mechanically self-propelled anchors
Delaware Bay and River between Ship John Light and The Pennsylvania while carrying explosives or while awaiting the loading of explosives, the
Railroad Company bridge at Delair, New Jersey, outside of the anchorage Captain of the Port may require the attendance of a tug upon such vessel or
areas established in this section, or within a cable or pipe line area shown barge when in his judgment such action is necessary.
on a Government chart, or be moored, anchored, or tied up to any pier, (4) Fishing and navigation are prohibited within an anchorage whenever
wharf, or other vessel in such manner as to obstruct or endanger the passage occupied by an anchored vessel displaying a red flag.
of any vessel. When an emergent condition exists due to congestion in the (5) The District Engineer, U.S. Army Corps of Engineers, may authorize,
prescribed anchorage areas in the Delaware River, the Captain of the Port in writing, a vessel carrying explosives for use on river and harbor works or
may authorize the anchorage of vessels in locations other than tile on other work under Department of the Army permit, to anchor in or near
prescribed areas. Vessels so anchored must not be anchored within the the vicinity of such work. The Captain of the Port will prescribe the
channel limits. Any vessel anchored outside of the prescribed anchorage conditions under which explosives shall be stored and handled in such
limits must move to a prescribed anchorage area when space becomes cases.
available. (6) Vessels carrying explosives or on which explosives are to be loaded,
(2) [Reserved] within the weight limit specified in paragraph (c)(1) of this section, shall
(3) Whenever, in the opinion of the Captain of the Port such action may comply with the general regulations in paragraph (b) of this section when
be necessary, he may require any or all vessels in any designated anchorage applicable.
area to moor with two or more anchors. (7) Nothing in this section shall be construed as relieving any vessel or
(4) [Reserved] the owner
(5) Anchors shall be placed well within the anchorage areas, so that no or person-in-charge of any vessel, and all others concerned, of the duties
portion of the hull or rigging will at any time extend outside of the and responsibilities imposed upon them to comply with the regulations
anchorage area. governing the handling, loading or discharging of explosives entitled
(6) Light-draft barges using the anchorages shall be anchored away from “Subchapter C—Hazardous Materials Regulations” (49 CFR Parts 171
the deeper portions of the anchorages, so as not to interfere with the through 177).
anchoring of deep-draft vessels. Any barges towed in tandem to an an- (d)(1) Except as otherwise provided in this section, no vessel shall
chorage area shall be bunched together when anchoring. occupy any anchorage for a longer period than 48 hours without a permit
(7) Upon approval of the District Engineer, Corps of Engineers, the Cap- from the Captain of the Port. Vessels expecting to be at anchor for more
tain of the Port may permit wrecking plant or other vessels legally engaged than 48 hours shall obtain a permit from the Captain of the Port for that
in recovering sunken property, or in laying or repairing pipe lines or cables, purpose. No vessel in such condition that it is likely to sink or otherwise
or plant engaged in dredging operations, to anchor in channels. Such per- become a menace or obstruction to navigation or anchorage of other vessels
mission is not necessary for plant engaged upon works of river and harbor shall occupy an anchorage except in an emergency, and then only for such
improvement under the supervision of the District Engineer, but the District period as may be permitted by the Captain of the Port.
Engineer will notify the Captain of the Port in advance of all such proposed (2) Vessels anchoring in anchorage area 7 off Marcus Hook, as described
in paragraph (a)(8) of this section, shall obtain permission from the Captain
of the Port, Philadelphia, PA, at least 24 hours in advance. Permission to vessels with drafts of less than 30 feet No vessel shall remain in this
anchor will be granted on a "first-come, first-served" basis. Only one anchorage for more than 72 hours without a written permit from the Captain
vessel, at any time, will be permitted to anchor in the anchorage. Vessels of the Port.
will not be permitted to occupy the anchorage for more than 12 hours. (5) Anchorage No. 5, general anchorage. In the Patapsco River in the
(3) The following regulations apply to anchorage 6 off Deepwater Point angle between Fort McHenry Channel and Curtis Bay Channel beginning at
and anchorage 9 near the entrance to Mantua Creek, as described in latitude 39°14'07", longitude 76°32'58.5"; thence southeast to latitude
110.157(a)(7) and (a)(10), respectively, of this part 39°13'34", longitude 76°32'24"; thence south-southwest to latitude
(i) Vessels 700 feet or greater in length requesting anchorage shall obtain 39°13'22", longitude 76°32'29"; thence west to latitude 39°13'21", longitude
permission from the Captain of the Port, Philadelphia, PA at least 24 hours 76°33'12"; thence north-northeast to the point of beginning. This is a
in advance. general anchorage for vessels having drafts of 19 feet or less. No vessel
(ii) Vessels 700-750 feet in length shall have one (1) tug alongside at all shall remain in this anchorage for more than 72 hours without a written
times while at anchor. permit from the Captain of the Port.
(iii) Vessels greater than 750 feet in length shall have two (2) tugs (6) Anchorage No. 6, general anchorage. In the Patapsco River
alongside at all times while at anchor. approximately 2,000 yards west of Sollars Point beginning at latitude
(iv) Tugs required for vessels at anchor must be of sufficient horsepower 39°13'42.58" N, longitude 76°32'20.24" W thence southeast to latitude
to assist with necessary maneuvers to remain clear of the navigation 39°13'20" N., longitude 76°31'56" W., thence northeast to latitude
channel. 39°13'34" N., longitude 76°31'33.5" W., thence northwest to latitude
[CGFR B7-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-212A, 47 FR 39°14'02" N., longitude 76°32'02.9" W., thence southwest to latitude
20573, May 13, 1982; CGD 3-80-3A, 48 FR 13418, Mar. 31, 1983; CCGD 3-82-31, 39°I3'50.5" N., longitude 76°32'20" W., thence south to point of beginning.
48 FR 23638, May 26, 1983; 48 FR 30622, July 5, 1983; CGD3-83-72, 49 FR A vessel with a draft over 20 feet may not use this general anchorage. No
25444, June 21, 1984; CGD 924150, 59 FR 39965, Aug. 5, 1994; CGD 05-94-088, vessel may remain in this anchorage for more than 72 hours without a
60 FR 10020, Feb. 23, 1995; 60 FR 52103, Oct. 05, 1995] written permit from the Captain of the Port.
(7) [Reserved]
110.158 Baltimore Harbor, MD. (8) Dead ship anchorage. The waters bounded by a line connecting the
(a) The anchorage grounds— following points:
(1) Anchorage No. 1, general anchorage. In the Patapsco River at Fort
McHenry angle beginning at latitude 39°15'13", longitude 76°34'08.5";
thence southwest to latitude 39°15'10.5", longitude 76°34'12.5"; thence Latitude Longitude
southeast to latitude 39°14'52.5", longitude 76°33'54"; thence cast-southeast
to latitude 39°14' 48", longitude 76°33'42"; thence northwest to the point of 39°13'00.0" N 76°34'11.5" W
beginning. This anchorage shall be reserved for deep draft vessels and shall 39°13'13.0" N 76°34'11.9" W
be used only by vessels waiting overnight to proceed to pier facilities. No 39°13'13.5" N 76°34'06.8" W
39°13'14.4" N 76°33'30.9" W
vessel shall remain in this anchorage for more than 12 hours without a
39°13'00.0" N 76°33'31.0" W
written permit from the Captain of the Port. Vessels anchored in this
anchorage shall insure that they do not project into Fort McHenry Channel. and thence to the point of beginning. Datum:
(2) Anchorage No. 2, general anchorage. In the Patapsco River
beginning at latitude 39°15'01.43" N., longitude 76°33'43.39" W.; thence NAD 27
southeast to latitude 39°14'49.09" N., longitude 76°33'30.37" W.; thence
northeast to latitude 39°14'58.49" N., longitude 76°33'15.63" W.; thence
southeast to latitude 39°14'40.5" N., longitude 76°32'57" W. thence The primary use of this anchorage is to lay up dead ships. Such use has
northeast to latitude 39°14'50" N., longitude 76°32'41.5" W. thence priority over other uses. A written permit from the Captain of the Port must
northwest to latitude 39°15'17.2" N., longitude 76°33'10.0" W. thence be obtained prior to use of this anchorage for more than 72 hours.
northwest to latitude 39°15'18.95" N., longitude 76°33'15.46" W thence (b) General regulations.
west to latitude 39°15'18.90" N., longitude 76°33'25.63" W.; thence (1) Except in cases where unforeseen circumstances create conditions of
southwest to latitude 39°15'08.17" N., longitude 76°33'38.79" W., thence imminent peril, or with the permission of the Captain of the Port, no vessel
southwest to point of beginning. A vessel with a draft of over 24 feet may shall be anchored in Baltimore Harbor and Patapsco River outside of the
not use the anchorage. No vessel may remain in this anchorage for more anchorage areas established in this section for more than 24 hours. No
than 72 hours without a written permit from the Captain of the Port. vessel shall anchor within a tunnel, cable or pipeline area shown on a
(3) Anchorage No. 3, general anchorage. In the Patapsco River Government chart. No vessel shall be moored, anchored, or tied up to any
beginning at latitude 39°14'49.09" N, longitude 76°33'30.37" W; thence pier, wharf, or other vessel in such manner as to extend into established
southeast to latitude 39°14'14.70" N, 76°32'54.10" W; thence northeast to channel limits. No vessel shall be positioned so as to obstruct or endanger
latitude 39°14'24.10" N, longitude 76°32'39.36" W; thence northwest to the passage of any other vessel.
latitude 39°14'58.49" N, longitude 76°33'15.63" W; thence southwest to (2) No vessel in such condition that it is likely to sink or otherwise
point of beginning. A vessel with a draft of less than 24 feet may not use become a menace or obstruction to navigation or anchorage of other vessels,
the anchorage. No vessel may remain in this anchorage for more than 72 shall occupy an anchorage except in cases where unforeseen circumstances
hours without a written permit from the Captain of the Port. create conditions of imminent peril to personnel and then only for such
(4) Anchorage No. 4, general anchorage. In the Patapsco River 1,000 period as may be authorized by the Captain of the Port.
yards southwest of Dundalk Marine Terminal beginning at latitude 39°14' (3) Whenever, in the opinion of the Captain of the Port, such action may
18.5", longitude 76°32'38.5"; thence southeast to latitude 39°14'00", be necessary, he may require any vessel in a designated anchorage area to
longitude 76°32'19"; thence southwest to latitude 39°13'53", longitude moor with two or more anchors.
76°32'31"; thence northwest to latitude 39°14'11", longitude 76°32'50"; (4) Every vessel that will not have sufficient personnel on board to weigh
thence northeast to the point of beginning. This is a general anchorage for anchor at any time shall be anchored with two anchors with mooring swivel,
unless the Captain of the Port, upon application, waives (his requirement.
(5) Light-draft barges shall be anchored away from the deeper portions of Note: The City Council of Annapolis has promulgated local ordinances
the anchorages, so as not to interfere with the anchoring of deep-draft to the control building of structures, and mooring and anchorage of vessels
vessels. Any barges towed in tandem to an anchorage area shall be nested in anchorages (a)(3), and (a)(5). These local ordinances will be enforced by
together when anchoring. the local Harbor Master.
(6) No vessel shall be navigated within an anchorage at a speed (b) The regulations.
exceeding 6 knots. (1) Except in the case of emergency, no vessel shall be anchored in the
(7) A vessel being notified by the Captain of the Port or his authorized area to the norm and east of the Annapolis Channel bounded on the east by
representative to shift its position shall take steps to promptly make the Greenbury Point; on the south by a line bearing 270° from the southern tip
change. of Greenbury Point; on the west by the Annapolis Channel; on the north by
(8) Nothing in this section shall be construed as relieving any vessel, or the southern boundary of the cable area and the shoreline of the
the owner or person in charge of any vessel, from the penalties of law for Government reservation and Carr Creek.
obstructing navigation or for obstructing or interfering with range lights, or (2) Except in the case of emergency, no vessel shall be anchored in
for not complying with the laws relating to lights, day signals and fog Annapolis Harbor to the westward of the dredged channel and northward of
signals or other navigation laws and regulations. [CGFR 68-132, 33 FR the southern boundary of the South Anchorage outside of the established
18439, Dec. 12, 1968; 33 FR 20033, Dec. 31, 1968] anchorage areas, except in Spa Creek and the area to the southwestward of
Editorial Note: For Federal Register citations affecting § 110.158, see the Naval anchorage for small craft. No vessel shall be so anchored that
the List of CFR Sections Affected in the Finding Aids section of this any part of the vessel extends at any time within this area. Any vessel
volume. anchoring, under great emergency, within this area shall be placed as close
to an anchorage area as practicable, and shall move away immediately after
110.159 Annapolis Harbor, Md. the emergency ceases.
(a) The Anchorage Grounds— (3) No vessel shall be anchored in the cable and pipeline area, lying
(1) Naval Anchorage for Deep Draft Vessels. In the Chesapeake Bay, between the Naval Academy and the Naval Ship Research and Develop-
bounded on the north by latitude 38°58'00"; on the east by a line bearing ment Laboratory and having the following limits: Southeastern limit, from
203° from latitude 38°58'00", longitude 76°24'00"; on the south by latitude Triton Light 072° to white "Cable Crossing" sign at the Naval Ship
38°56'30"; and on the west by a line bearing 139° from Greenbury Point Research and Development Laboratory; northwestern limit, a line bearing
Shoal Light This anchorage is reserved for deep draft naval vessels. Berths 054° from the Capitol Dome.
in the area will be assigned on application to the Superintendent, U.S. Naval (4) Except in the case of emergency, no vessel shall be anchored, without
Academy. permission of tile Superintendent, U.S. Naval Academy, in the Naval
(2) Middle Ground Anchorage. Beginning at a point in the Severn River Academy Drill area described as follows:
139°, 620 yards from Triton Light (located at the intersection of the That portion of the Severn River lying to the northeastward of the Naval
northeast and southeast seawall of the Naval Academy grounds); thence Academy, bounded on the north by the State Highway Bridge and on the
easterly to a point 112°30', 970 yards from Triton Light; thence south by the northern limit of the cable and pipeline area, excluding that
southeasterly to a point 274°, 1,045 yards from the radio tower at the tip of area off the eastern shoreline enclosed by a line bearing approximately 131°
Greenbury Point; thence south-southeasterly to a point 233°30', 925 yards from the eastern abutment of the State Highway Bridge to the vicinity of
from the radio tower at the tip of Greenbury Point; thence west to a point Ferry Point This drill area also includes the lower part of Dorseys Creek
295°, 1,015 yards from Greenbury Point Shoal Light thence northwesterly below the Naval Academy Drawbridge. Requests to anchor in this drill area
to the point of beginning. shall be made to the Superintendent, U.S. Naval Academy.
(3) South Anchorage. In the Severn River, beginning at a point on the (5) The restrictions in this section do not apply to the anchoring or
shoreline at Horn Point, Eastport, 168°, 1,190 yards from Triton Light; marking by buoys of apparatus used for the purpose of taking seafood,
thence east to a point 294°, 1,075 yards from Greenbury Point Shoal Light; except within the cable or pipeline area described in paragraph (b)(3) of this
thence northwest to a point 143°, 595 yards from Triton Light; thence section.
westerly to a point 209°, 700 yards from Triton Light; thence 180° to a (6) The regulations in paragraph (b) of this section shall be enforced by
point on the shoreline at Eastport. No vessel shall anchor within 100 feet of the Superintendent, U.S. Naval Academy, and such agencies as he may
any wharf; marine railway, or other structure without the permission of the designate.
owner thereof [CGFR 68-97, 34 FR 3677, June 20, 1969, as amended by CGD 05-81-15R, 47
(4) Naval Anchorage for Small Craft. In the Severn River, beginning at a FR 29658, 29659, July 8, 1982; CGD 05-93-103, 60 FR 27636, May 25, 1995]
point 80 feet off the southeast seawall of the Naval Academy bearing 132°
from Triton Light; thence easterly to a point 072°30', 285 yards from Triton 110.166 York River, Va., naval anchorage.
Light; thence southeasterly to a point 109°, 785 yards from Triton Light; (a) The anchorage grounds. Between Yorktown and the Naval Mine
thence westerly to a point 211°, 537 yards from Triton Light; thence Depot, beginning at latitude 37°15'34", longitude 76°31'25"; thence to
northwesterly to a point 45 yards off the southeast seawall of the Naval latitude 37°15'25", longitude 76°31'39.S"; thence to latitude 37°16'21.5",
Academy bearing 214°, 535 yards from Triton Light; thence northeasterly longitude 76°32'46"; thence to latitude 37°17'07.5", longitude 76°34'17";
to the point of beginning. Except in the case of emergency, no vessel shall thence to latitude 37°17'55", longitude 76°35'14.5"; thence to latitude
be anchored in this area without the permission of the Superintendent, U.S. 37°18'05", longitude 76°35'01"; thence to latitude 37°17'20", longitude
Naval Academy. Anchorages will be assigned upon request to the 76°34'07"; thence to latitude 37°16'33.5", longitude 76°32'34", and thence
Superintendent, U.S. Naval Academy. to the point of beginning.
(5) Spa Creek Anchorage. In Spa Creek, those waters bounded by a line (b) The regulations. This anchorage is reserved for the exclusive use of
connecting the following points: naval vessels and except in cases of emergency, no other vessel shall anchor
therein without permission from the local naval authorities, obtained
Latitude Longitude through the Captain of the Port, Norfolk, Virginia. Movement of vessels
through the anchorage will not be restricted.
38°58'37.3° N 76°28'48.1" W
36°58'36.1" N 76°28'57.8" W
38°58'31.6" N 76°29'03.3" W 110.168 Hampton Roads, Virginia, and adjacent waters.
38°58'26.7" N 76°28'59.5" W (a) Anchorage Grounds— (1) Cape Henry Anchorage. Anchorage A
(Naval Anchorage). The
Datum: NAD 83
PAGE 16
33 CFR PART 110
90
M.E.T. PUBLICATION 515 — 5TH EDITION
waters bounded by the shoreline and a line connecting the following points:
Latitude Longitude 36°59'51.6" N. 76°19'12.0" W.
36°59'25.2" N. 76°18'48.5" W.
36°55'33.0" N. 76°02'47.0" W. 36°58'49.1" N. 76°19'33.8" W.
36°57'02.8" N. 76°03'02.6" W. 36°59'25.0" N. 76°20'07.0" W.
36°56'45.0" N. 76°01'30.0" W.
36°55'54.0" N. 76°01'37.0" W. (A) Anchorage Berth F-1. The waters bounded by the arc of a circle with
a radius of 400 yards and with the center located at:
Latitude Longitude
(2) Chesapeake Bay, Thimble Shoals Channel Anchorages— (i) Anchorage Latitude Longitude
B (Naval Anchorage). The waters bounded by a line connecting the
following points: 36°59'16.7" N. 76°19'39.0" W.
Latitude Longitude
(B) Anchorage Berth F-2. The waters bounded by the arc of a circle with
36°57'58.0" N. 76°06'07.0" W. a radius of 400 yards and with the center located at:
36°57'11.0" N. 76°03'02.1" W.
36°55'48.8" N. 76°03'14.0" W. Latitude Longitude
36°56'31.8" N. 76°06'07.0" W.
36°57'04.0" N. 76°06'07.0" W. 36°59'31.8" N. 76°19'16.0" W.
36°57'08.5" N. 76°06'24.5" W.
(ii) Anchorage C (Naval Anchorage). The waters bounded by a line (ii) Anchorage G, Hampton Flats (Naval Explosives Anchorage). The
connecting the following points: waters bounded by a line connecting the following points:
Latitude Longitude
Latitude Longitude
36°59'25.0" N. 76°20'07.0" W.
36°58'54.8" N. 76°09'41.5" W. 36°58'49.1" N. 76°19'33.8" W.
36°58'18.8" N. 76°07'18.0" W. 36°57'41.4" N. 76°21'07.7" W.
36°57'27.0" N. 76°07'37.5" W. 36°57'34.6" N. 76°21'26.7" W.
36°58'04.0" N. 76°10'00.0" W. 36°57'31.1" N. 76°22'01.9" W.
36°58'07.0" N. 76°22'03.0" W.
36°58'54.8" N. 76°21'42.6" W.
(iii) Anchorage D (Naval Anchorage). The waters bounded by the
shoreline and a line connecting the following points:
(A) Explosives Handling Berth G-1. The waters bounded by the arc of a
Latitude Longitude
circle with a radius of 500 yards and with the center located at:
36°55'49.0" N. 76°10'32.8" W. Latitude Longitude
36°58'04.0" N. 76°10'02.1" W.
36°57'31.2" N. 76°07'54.8" W. 36°57'50.0" N. 76°21'37.0" W.
36°55'24.1" N. 76°08'28.8" W.
(iv) Anchorage E (Commercial Explosive Anchorage). The waters (B) Explosives Handling Berth G-2. The waters bounded by the arc of a
bounded by a line connecting the following points: circle with a radius of 500 yards and with the center located at:
Latitude Longitude
Latitude Longitude
36°58'14.0" N. 76°21'01.5" W.
36°59'58.7" N. 76°13'47.0" W.
36°59'08.2" N. 76°10'33.8" W.
36°58'13.0" N. 76°10'51.8" W. (C) Explosives Handling Berth G-3. The waters bounded by the arc of a
36°59'02.0" N. 76°14'10.2" W. circle with a radius of 500 yards and with the center located at
Latitude Longitude
(A) Explosive Handling Berth E-1: (Explosives Anchorage Berth): The
waters bounded by the arc of a circle wife a radius of 500 yards and with the 36°58'34.5" N. 76°20'31.0" W.
center located at:
Latitude Longitude (D) Explosives Handling Berth G-4. The waters bounded by the are of a
circle with a radius of 500 yards and with the center located at
36°59'05.0" N. 76°11'23.0" W.
Latitude Longitude
(3) Hampton Roads Anchorages—
(i) Anchorage F, Hampton Bar. The waters bounded by a line connecting 36°58'53.4" N. 76°20'05.0" W.
the following points:
(iii) Anchorage H, Newport News Bar. The waters bounded by a line
36'57'22.4" N. 76'25'47.7" W.
Latitude Longitude
(ii) Anchorage J, Newport News Middle Ground. The waters bounded by 36°55'37.6" N. 76°19'48.1" W
a line connecting the following points: 36°55'22.l" N. 76°19'48.l" W
36°55'20.5" N. 76°20'14.9" W
Latitude Longitude 36°55'36.8" N. 76°20'13.6" W.
36°57'21.0" N. 76°22'22.1" W.
(ii) Anchorage N. The waters bounded by a line connecting the following
36°56'46.5" N. 76°22'39.3" W.
36°56'25.3" N. 76°23'48.0" W. points:
36°57'10.2" N. 76°24'09.9" W.
Latitude Longitude
36°54'35.3" N. 76°19'47.5" W.
(iii) Anchorage K, Newport News Middle Ground. The waters bounded
36°54'03.9" N. 76°19'45.0" W.
by a line connecting the following points:
36°53'55.0" N. 76°20'09.0" W.
36°54'43.5" N. 76°20'18.0" W.
Latitude Longitude
36°54'47.2" N. 76°20'17.7" W.
36°57'55.8' N. 76°20'31.9' W.
36°57'07.9' N. 76°20'32.2' W. (iii) Anchorage 0. The waters bounded by a line connecting the
36°56'48.8' N. 76°20'20.1' W. following points:
36°55'59.9' N. 76°22'11.7' W.
36°55'59.9' N. 76°24'00.0' W. Latitude Longitude
36°56'25.3' N. 76°23'48.0' W.
36°56'46.5' N. 76°22'39.3' W. 36°53'28.0" N. 76°19'16.3" W.
36°57'21.0' N. 76°22'22.1' W. 36°53'00.0" N. 76°19'29.9" W.
36°57'28.1' N. 76°21'11.7' W. 36°53'04.9" N. 76°20'01.2" W.
36°53'28.0" N. 76°20'05.1" W.
110.233 Prince William Sound, Alaska. 110.236 Pacific Ocean off Barbers Point, bland of Oahu, Hawaii:
(a) The anchorage grounds. In Prince William Sound, Alaska, Offshore pipeline terminal anchorages.
beginning at a point at latitude 60°40'00" N., longitude 146°40'00" (a) The anchorage grounds—
W.; thence south to latitude 60°38'00" N., longitude 146°40'00" W.; (1) Anchorage A. The waters within an area described as follows: A
thence east to latitude 60°38'00" N., longitude 146°30'00" W.; thence circle of 1,000 feet radius centered at latitude 21°17'55"N., longitude
north to latitude 60°39'00" N., longitude 146°30'00" W.; thence 158°07'46"W. (Datum: OHD)
northwesterly to the beginning point. (2) Nonanchorage area A. The waters extending 300 feet on either side
(b) The regulations. of a line bearing 059° from anchorage A to the shoreline at latitude
(1) This anchorage area is for the temporary use of vessels during: 21°18'22" N, longitude 158°06'57"W. (Datum: OHD)
(i) Adverse weather or tidal conditions; (3) Anchorage B. The waters enclosed by a line beginning at latitude
(ii) Vessel equipment failure; or 21°16'31.5" N., longitude 158°05'09.0" W.; thence to latitude 21°16'03.9"
(iii) Delays at Port Valdez; N., longitude 158°05'16.9"W.;thence to latitude 21°16'11.1" N., longitude
(2) No vessel may anchor in this anchorage without notifying the vessel 158°05'45.8"W.;thence to latitude 21°16'38.8" N., longitude 158°05'37.9"
traffic center in Valdez; and W.; thence to the point of beginning. (Datum: OHD)
(3) Each vessel anchored shall notify the vessel traffic center in Valdez (4) Nonanchorage area B. The waters extending 300 feet on either side
when it weighs anchor. of a line bearing 334.5° from anchorage B to the shoreline at latitude
[CGD 77-144, 43 FR 21459, May 18, 1978] 21°17'50.5" N., longitude 158°06'13.1" W. (Datum: OHD)
(5) Anchorage C. The waters enclosed by a line beginning at latitude
110.235 Pacific Ocean (Mamala Bay), Honolulu Harbor, Hawaii 21°16'58" N., longitude 158°04'39" W.; thence to latitude 21°16'58" N.,
(Datum: NAD 83). longitude 158°04'12" W.; thence to latitude 21°16'44" N., longitude
(a) The anchorage grounds— 158°04'12" W.; thence to latitude 21°16'44" N., longitude 158°04'39" W.;
(1) Anchorage A. The waters bounded by the arc of a circle with a
thence to the point of beginning. (Datum: OHD)
radius of 350 yards with the center located at: (6) Nonanchorage area C. The waters extending 300 feet on either side
of a line bearing 306° from anchorage C to the shoreline at latitude
Latitude Longitude 21°17'54.9" N., longitude 158°06'07.8" W. (Datum: OHD)
(7) Anchorage D. The waters enclosed by a line beginning at latitude
21°16'57" N 157°53'12" W 21°18'00" N., longitude 158°07'20" W.; thence to latitude 21°17'56" N.,
longitude 158°07'16" W.; thence to latitude 21°17'49" N., longitude
(2) Anchorage B. The waters bounded by a line connecting the following 158°07'24" W.; thence to latitude 21°17'53"N., longitude 158°07'28" W.;
coordinates: thence to the point of beginning. (Datum: OHD)
(b) The regulations.
(1) No vessels may anchor, moor, or navigate in anchorages A, B, C, or
Latitude Longitude D except:
(i) Vessels using the anchorages and their related pipelines for loading
21°17'06" N 157°54'40" W; to
or unloading;
21°17'22" N 157°54'40" W; to
(ii) Commercial tugs, lighters, barges, launches, or other vessels engaged
21°17'22" N 157°54'19" W; to
21°17'06" N 157°54'19" W; and thence to in servicing the anchorage facilities or vessels using them;
21°17'06" N 157°54'40" W (iii) Public vessels of the United States.
(2) When vessels are conducting loading or unloading operations as
indicated by the display of a red flag (international code flag B) at the
(3) Anchorage C. The waters bounded by the arc of a circle with a masthead, passing vessels of over 100 gross tons shall not approach within
radius of 450 yards with the center located at: 1,000 yards at a speed in excess of 6 knots.
(3) The owner of any vessel wanting to use an anchorage ground and use
Latitude Longitude of the related pipeline facilities shall notify the Captain of the Port,
Honolulu, Hawaii, and the Commanding Officer, U.S. Naval Air Station,
21°17'09" N 157°54'55" W Barbers Point, Hawaii, at least 24 hours in advance of desired occupancy of
the anchorage ground by the vessel. Such notification must include the
maximum height above the waterline of the uppermost portion of the
(4) Anchorage D. The waters bounded by the arc of a circle with a vessel's mast and a description of the masts' lighting including height of the
radius of 450 yards with the center located at: highest anchor light and any aircraft warning lights to be displayed by the
vessel at night
Latitude Longitude (4) When, in the opinion of the Captain of the Port, or his authorized
representative, oil transfer operations within these anchorages could
21°17'21" N 157°55'20" W jeopardize the safety of vessels or facilities in the area, or cause an undue
risk of oil pollution, such oil transfer operations shall be immediately
terminated until such time as the cognizant Coast Guard officer determines
(b) The regulations. that the danger has subsided.
(1) Anchors must be placed inside the anchorage areas.
(5) Nonanchorage areas A, B, and C are established for the protection of
(2) The anchorages are general anchorages for commercial vessels.
submerged pipelines. Except for vessels servicing pipeline facilities, no
Anchorage A should be used only if Anchorages B, C, and D are full.
anchoring, dragging, seining or other potential pipeline fouling activities are
(3) No bunkering operations or vessel to vessel transfer of oil in bulk of
permitted within these areas.
any kind is permitted within Anchorage A.
(6) Nothing in this section shall be construed as relieving the owner or
(4) Nothing in this section shall be construed as relieving the owner or
person in charge of any vessel from complying with the rules of the road
person in charge of any vessel from complying with the rules of navigation
and safe navigation practice.
and with safe navigation practice.
[CGD14-93-003, 59 FR 40820, Aug. 10, 1994]
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M.E.T. PUBLICATION 515 — 5TH EDITION
line 224°49' to the northerly channel limit of Graving Dock Channel, and (6) Long Bay anchorage. The waters of Long Bay bounded on the north
thence to the point of beginning. by the southerly limit line of Anchorage E, on the west by the easterly
(2) Restricted Anchorage F. Beginning at a point which bears 212°30', limit line of Anchorage A to a point at latitude 18°20'18", thence to
1,337.5 yards from Isla Grande Light; thence along a line 269°00', 550 latitude 18°20'13", longitude 64°55'21"; and thence to the shoreline at
yards; thence along a line 330°00' to the westerly channel limit of Anegado latitude 18°20'15", longitude 64°55'13".
Channel; and thence along the westerly channel limit of Anegado Channel (b) The regulations.
to the point of beginning. (1) The outer harbor anchorage shall be used by vessels undergoing
(b) The regulations. examination by quarantine, customs, immigration, and Coast Guard
(1) Vessels awaiting customs or quarantine shall use Temporary officers. Upon completion of these examinations, vessels shall move
Anchorage E. No vessel shall remain in this anchorage more than 24 hours promptly to anchorage. This anchorage shall also be used by vessels having
without a permit from the U.S. Coast Guard Captain of the Port. drafts too great to permit them to use the inner harbor anchorage. No vessel
(2) Restricted Anchorage F shall serve both as an additional general shall remain more than 48 hours in this anchorage without a permit from
anchorage area in cases where the temporary anchorage is full, and as an the Harbor Master.
explosives anchorage for vessels loading or unloading explosives in (2) The small-craft anchorage shall be used by small vessels undergoing
quantities no greater than forty (40) tons. Commercial Class "A" examination and also by small vessels anchoring under permit from the
Explosives, when so authorized by the United States Coast Guard Captain Harbor Master.
of the Port. No vessel shall enter or anchor therein without first obtaining a (3) The requirements of the Navy shall predominate in the deep-draft
permit from the United States Coast Guard Captain of the Port. anchorage. When occupied by naval vessels all other vessels and craft shall
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 79-113, 45 FR remain clear of the area. When the area is not required for naval vessels,
32673, May 19, 1980; CGD 7-83-29, 49 FR 48540, Dec. 13, 1984; 50 FR 5580, the Harbor Master may upon application made in advance assign other
Feb. 11, 1985] vessels to the area. Vessels so assigned and occupying the area shall move
promptly upon notification by the Harbor Master.
110.245 Vieques Passage and Vieques Sound, near Vieques Island, (4) The harbor regulations for the Port of St. Thomas, V.I. of the United
P.R. States and approaches thereto, including all waters under its jurisdiction, as
(a) The anchorage grounds— adopted by the Government of the Virgin Islands, will apply to the Long
(1) Vieques Passage explosives anchorage and ammunition handling Bay Anchorage.
berth (Area 1). A. circular area having a radius of 1,700 yards with its (5) In addition, the Long Bay Anchorage is reserved for all types of
center at latitude 18°09'00"N., longitude 65°32'40"W. small vessels, including sailing and motor pleasure craft, and such craft
(2) Vieques Sound explosives anchorage and ammunition handling berth shall anchor in no other area except Anchorage E, in the northern portion
(Area 2). A circular area having a radius of 2,000 yards with its center at of the harbor of Charlotte Amalie.
latitude 18°11'48", longitude 65°26'06". (6) Floats for marking anchors in place will be allowed in the Long Bay
(3) Southern Vieques Passage explosives anchorage and ammunition anchorage; stakes or mooring piles are prohibited.
handling berth (Area 3). A circular area having a radius of 2,000 yards (7) Vessels not more than 65 feet in length are not required to exhibit or
with its center at latitude 18°05'51", longitude 65°36'14". carry anchor lights within the Long Bay anchorage, but must display them
(b) The regulations. if emergency requires anchoring in any other part of the harbor.
(1) No vessel or craft shall enter or remain in these anchorages while (8) No vessel may anchor in any of the St. Thomas Harbor Anchorages
occupied by vessels having on board explosives or other dangerous cargo. without a permit from the Harbor Master.
Explosives in quantities no greater than 1,625 short tons will be handled in (9) The U.S. Coast Guard Captain of the Port of St. Thomas is hereby
any area at one time. empowered, whenever the maritime or commercial interests of the United
(2) The regulations of this section shall be enforced by the Commander, States so require, to shift the position of any vessel anchored within the
Greater Antilles Section, U.S. Coast Guard Base, San Juan, Puerto Rico, Long Bay anchorage, and of any vessel which is so moored or anchored as
and such agencies as he may designate. to impede or obstruct vessel movement in the harbor, and to enforce all
[CGFR 67-46, 32 FR 17728, Dec. 12, 1967, as amended by CGD 77-067, 44 FR regulations of this section should the need arise.
50040, Aug. 27, 1979]
110.255 Ponce Harbor, P.R.
110.250 St. Thomas Harbor, Charlotte Amalie, V.I. (a) Small-craft anchorage. On the northwest of Ponce Municipal Pier and
(a) The anchorage grounds— northeast of Cayitos Reef; bounded as follows: Beginning at latitude
(1) Inner harbor anchorage. Beginning at a point bearing 85°, 525 yards 17°58'27", longitude 66°37'29.5", bearing approximately 325° true, 2,200
from the outer end of a pier at latitude 18°20'19", longitude 64°56'26" feet from the most southwest corner of Ponce Municipal Pier, thence
(approximate); thence 146°, 800 yards; thence 70°, 860 yards; thence 340°, 273°30' true, 1,800 feet; thence 15° true, 900 feet; thence 93°30' true,
500 yards; and thence to the point of beginning. 1,800 feet; thence 195° true, 900 feet to the point of beginning.
(2) Outer harbor anchorage. Beginning at Scorpion Rock lighted buoy (b) The regulations.
No. 1 (latitude 18°19'25.6", longitude 64°55'41.8"); thence 180°, 1,580 (1) The Commonwealth Captain of the Port may authorize use of this
yards; thence 264°30', 2,490 yards; thence due north 1,255 yards; thence anchorage whenever he finds such use required in safeguarding the
due east to the southerly tip of Sprat Point, Water Island; thence to Cowell maritime or commercial interests.
Point, Hassel Island; and thence to the point of beginning. (2) No vessel shall anchor within the area until assigned a berth by the
(3) East Gregerie Channel anchorage (general purpose). Bounded on the Commonwealth Captain of the Port. Application for permission to occupy
northeast by Hassel Island; on the southeast by the northwest boundary of the anchorage must be submitted in advance by the master or authorized
the outer harbor anchorage; on the southwest by Water Island; and on the representative of the vessel.
northwest by a line running from Banana Point, Water Island, 55° to Hassel (3) Vessels occupying the anchorage will at all times keep within the
Island. limits of the area, and shall move or shift their position promptly upon
(4) Small-craft anchorage. All the waters north of a line passing through notification by the Commonwealth Captain of the Port.
the outer end of a pier at latitude 18°20'19", longitude 64°56'26" (4) The anchorage is reserved for all types of small craft, including
(approximate) and ranging 85°. schooners, fishing vessels, yachts and pleasure craft.
(5) Deep-draft anchorage. A circular area having a radius of 400 yards (5) Floats for marking anchors in place will be allowed; stakes or
with its center at latitude 18°19'12.2", longitude 64°58'47.8". mooring piles are prohibited.
Delaware
117.231 Brandywine Creek.
117.233 Broad Creek
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M.E.T. PUBLICATION 515 — 5TH EDITION
accessory extending beyond the hull or superstructure that is not an integral are not essential to navigation have been lowered, to safely pass under the
part of the vessel and is not needed for a vessel's piloting, propelling, drawbridge in the closed position; or
controlling, or collision avoidance capabilities. (b) Signal a drawbridge to open for any purpose other than to pass
Lowerable. The term "lowerable" means the nonstructural vessel through the drawbridge opening.
appurtenance can be mechanically or manually lowered and raised again. [CGD 91-059,, 59 FR 16563, Apr. 7. 1994]
The term "lowerable" also applies to a nonstructural vessel appurtenance
which can be modified to make the item flexible, hinged, collapsible, or 117.15 Signals.
telescopic such that it can be mechanically or manually lowered and raised (a) General. (1) The operator of each vessel requesting a drawbridge to
again. Failure to make the modification is considered equivalent to refusing open shall signal the drawtender and the drawtender shall acknowledge that
to lower a lowerable nonstructural appurtenance that is not essential to signal. The signal shall be repeated until acknowledged in some manner by
navigation. Examples of appurtenances which are considered to be the drawtender before proceeding.
lowerable include, but are not limited to, fishing outriggers, radio antennae, (2) The signals used to request the opening of the draw and to
television antennae, false stacks, and masts purely for ornamental purposes. acknowledge that request shall be sound signals, visual signals, or
Examples of appurtenances which are not considered to be lowerable radiotelephone
include, but are not limited to, radar antennae, flying bridges, sailboat communications described in this subpart.
masts, piledriver leads, spud frames on hydraulic dredges, drilling derricks' (3) Any of the means of signaling described in this subpart sufficient to
substructures and buildings, cranes on drilling or construction vessels, or alert the party being signaled may be used.
other items of permanent and fixed equipment (b) Sound signals. (1) Sound signals shall be made by whistle, horn,
Nonstructural. The term "nonstructural" means that the item is not megaphone, hailer, or other device capable of producing the described
rigidly fixed to the vessel and is thus susceptible to relocation or alteration. signals loud enough to be heard by the drawtender.
Not essential to navigation. The term "not essential to navigation" (2) As used in this section, "prolonged blast" means a blast of four to
means the nonstructural vessel appurtenance does not adversely affect the six seconds duration and "short blast" means a blast of approximately one
vessel's piloting, propulsion, control, or collision avoidance capabilities second duration.
when in the lowered position. (3) The sound signal to request the opening of a draw is one prolonged
[CGD 91-059, 59 FR 16563, Apr. 7, 1994] blast followed by one short blast sounded not more than three seconds after
the prolonged blast For vessels required to be passed through a draw
117.5 When the draw shall open. during a scheduled closure period, the sound signal to request the opening
Except as otherwise required by this subpart, drawbridges shall open of the draw during that period is five short blasts sounded in rapid
promptly and fully for the passage of vessels when a request to open is succession.
given in accordance with this subpart. (4) When the draw can be opened immediately, the sound signal to
Editorial Note: For Federal Register citations relating to temporary acknowledge a request to open the draw is one prolonged blast followed by
deviations from the regulatory provisions in §117.5, see the List of CFR one short blast sounded not more than 30 seconds after the requesting
Sections Affected in the Finding Aids section of this volume. signal.
(5) When the draw cannot be opened immediately, or is open and shall
117.7 General duties of drawbridge owners and tenders. be closed promptly, the sound signal to acknowledge a request to open the
(a) Drawbridge owners and tenders shall operate the draw in accordance draw is five short blasts sounded in rapid succession not more than 30
with the requirement in this part. seconds after the vessel's opening signal. The signal shall be repeated until
(b) Except for drawbridges not required to open for the passage of acknowledged in some manner by the requesting vessel.
vessels, owners of drawbridges shall ensure that: (c) Visual signals. (I) The visual signal to request the opening of a draw
(1) The necessary drawtenders are provided for the safe and prompt is—
opening of the draw; (i) A white flag raised and lowered vertically; or
(2) The operating machinery of the draw is maintained in a serviceable (ii) A white, amber, or green light raised and towered vertically.
condition; and. (2) When the draw can be opened immediately, the visual signal to
(3) The draws are operated at sufficient intervals to assure their acknowledge a request to open the draw, given not more than 30 seconds
satisfactory operation. after the vessel's opening signal, is—
(i) A white flag raised and lowered vertically;
(ii) A white, amber, or green light raised and lowered vertically; or
117.9 Delaying opening of a draw.
(iii) A fixed or flashing white, amber, or green light or lights.
No person shall unreasonably delay the opening of a draw after the (3) When the draw cannot be opened immediately, or is open and must
signals required by §117.15 have been given. be closed promptly, the visual signal to acknowledge a request to open
Note: Trains are usually controlled by the block method. That is, the the draw is—
track is divided into blocks or segments of a mile or more in length. When (i) A red flag or red light swung back and forth horizontally in full sight
a train is in a block with a drawbridge, the draw may not be able to open of the vessel given not more than 30 seconds after the vessel's opening
until the train has passed out of the block and the yardmaster or other signal; or
manager has "unlocked" the drawbridge controls. The maximum time (ii) A fixed or flashing red light or lights given not more than 30 seconds
permitted for delay is defined in Subpart B for each affected bridge. Land after the vessel's opening signal.
and water traffic should pass over or through the draw as soon as possible (4) The acknowledging signal when the draw cannot open immediately
in order to prevent unnecessary delays in the opening and closure of the or is open and must be closed promptly shall be repeated until
draw. acknowledged in some manner by the requesting vessel.
(d) Radio telephone communications. (1) Radiotelephones may be used
117.11 Unnecessary opening of the draw. to communicate the same information provided by sound and visual
No vessel owner or operator shall— signals.
(a) Signal a drawbridge to open if the vertical clearance is sufficient to Note: Call signs and radio channels for drawbridges with
allow the vessel, after all lowerable nonstructural vessel appurtenances that radiotelephones
are listed in Appendix A to this part.
(2) The vessel and the drawtender shall monitor the frequency used until
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M.E.T. PUBLICATION 515 — 5TH EDITION
closure and include a brief description of the proposed event or other is located.
reason for the request, the reason why the opening or closure is required, (b) Penalties for violations under this part are assessed and collected
and the times and dates of the period the draw is to remain open or closed. under Subpart 1.07 of Part 1 of this chapter.
(c) Approval by the District Commander depends on the necessity for the
opening or closure, the reasonableness of the times and dates, and the Subpart B—Specific Requirements
overall effect on navigation and users of the bridge.
117.51 Purpose.
117.39 Closure of draw due to infrequent use. This subpart prescribes specific requirements relating to the operation of
Upon written request by the owner or operator of a drawbridge, the certain drawbridges.
District Commander may, after notice in the Federal Register and Note: The drawbridges under this subpart are listed by the waterway they
opportunity for public comment, permit the draw to be closed and cross and by the state in which they are located. Waterways are arranged
(intended due to infrequency of use of the draw by vessels. The District alphabetically by state. The drawbridges listed under a waterway are
Commander may condition approval on the continued maintenance of the generally arranged in order from the mourn of the waterway moving
operating machinery. upstream. The drawbridges on the Atlantic Intracoastal Waterway are listed
from norm to south and on the Gulf Intracoastal Waterway from east to
117.41 Maintenance of draw in fully open position. west
The draw may be maintained in the fully open position to permit the
passage of vessels and drawtender service discontinued if the District 117.53 Applicability.
Commander is notified in advance. The draw shall remain in the fully open (a) The requirements in this subpart apply to the bridges listed and are
position until drawtender service is restored or authorization under § in addition to, or vary from, the general requirements in Subpart A.
117.39 is given for the draw to remain closed and untended. (b) A requirement in this subpart which varies from a general
requirement in Subpart A supersedes the general requirement
117.43 Changes in draw operation requirements for regulatory (c) All other general requirements in Subpart A not at variance apply to
purposes. the bridges listed in this subpart.
In order to evaluate suggested changes to the drawbridge operation (d) The draws of a number of the bridges listed in this subpart need not
requirements, the District Commander may authorize temporary deviations open for the passage of vessels during certain periods, however, this does
from the regulations in this part for periods not to exceed 90 days. Notice not preclude the bridge owner from directing the drawtender to open the
of these deviations is disseminated in the Local Notices to Mariners and draw during these periods.
published in the Federal Register.
[CGD-92-015b, 58 FR 46081, Sept. 1, 1933] 117.55 Posting of requirements.
(a) The owner of each drawbridge under this subpart, other than
117.45 Operation during winter in the Great Lakes area. removable span bridges, shall ensure that a sign summarizing the
(a) The Commander, Ninth Coast Guard District, may determine that requirements in this subpart applicable to the bridge is posted both
drawbridges located in the Ninth Coast Guard District need not open during upstream and downstream of the bridge. The requirements to be posted
the winter season when general navigation is curtailed, unless a request to need not include those in Subpart A or §§117.51 through 117.99.
open the draw is given at least 12 hours before the time of the intended (b) The signs shall be of sufficient size and so located as to be easily
passage. read at any time from an approaching vessel.
(b) Notice of these determinations is disseminated in Local Notices to (c) If advance notice is required to open the draw, the signs shall also
Mariners and other appropriate media. Notices indicate— state the name, address, and telephone number of the person to be notified.
(1) The name and location of the bridge affected;
(2) The period of time covered; and 117.57 Advance notice.
(3) The telephone number and address of the party to whom requests for Owners and tenders of drawbridges requiring advance notice to open
openings are given. shall use all reasonable means to open the draw at the requested time and
give due regard to the possibility that a brief delay may be experienced by
117.47 Clearance gauges. the vessel giving the advance notice.
(a) Clearance gauges are required for drawbridges across navigable
waters of the United Stales discharging into the Atlantic Ocean south of 117.59 Special requirements due to hazards.
Delaware Bay (including the Lewes and Rehoboth Canal, DE) or into the For the duration of occurrences hazardous to safety or navigation, such
Gulf of Mexico (including coastal waterways contiguous thereto and as floods, freshets, and damage to the bridge or fender system, the District
tributaries to such waterways and the Lower Atchafalaya River, LA), Commander may require the owner of an operational drawbridge listed in
except the Mississippi River and its tributaries and outlets, this subpart to have the bridge attended full time and open on signal.
(b) Except for provisions in this part which specify otherwise for
particular drawbridges, clearance gauges shall be designed, installed, and
maintained according to the provisions of §118.160 of this chapter.
Note: Clearance gauge requirements, if any, for drawbridges other than
those referred to in this section are listed in Subpart B under the appropriate
bridge.
[CGD 82-025, 43 FR 17452, Apr. 24, 1984. as amended by CGD 84-022, 51 FR
16308, May 2, 1986; 61 FR 33660, June 28, 1996]
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M.E.T. PUBLICATION 515 — 5TH EDITION
vessel, however, need not duplicate any provisions fulfilled by the terminal the vessel;
unless directed by the Commandant When a provision is fulfilled by the (5) Coordinate responsibilities for security with the operator of each
terminal, that fact shall be referenced in the applicable section of the Vessel terminal at which the vessel embarks or disembarks passengers; and
Security Plan required by 120.300. (6) Provide information to members of the crew and to law-enforcement
personnel, in case of an incident affecting security.
120.210 Vessel security officer. (c) The operator shall amend the Plan to address any known deficiencies.
(a) Each operator of a vessel to which this part applies shall designate (d) The operator shall restrict the distribution, disclosure, and availability
a security officer for the vessel. of information contained in the plan to those persons with an operational
(b) This officer shall ensure that— need to know.
(1) An initial comprehensive security survey is conducted and updated;
(2) The plan required by 120.300 is implemented and maintained, and 120.305 Plan: Procedure for examination.
that amendments to correct its deficiencies and satisfy the security (a) Each operator of a passenger vessel subject to this part shall submit
requirements for the vessel are proposed; two copies of the Vessel Security Plan required by 120.300 to the Director,
(3) Adequate training for members of the crew responsible for security National Maritime Center (NMC), 4200 Wilson Blvd., Suite 510,
is provided; Arlington, VA 22203, for examination before October 16,1996, or at least
(4) Regular security inspections of the vessel are conducted; 60 days before embarking passengers on a voyage described in 120.100,
(5) Vigilance, as well as general awareness of security aboard the vessel, whichever is later.
is encouraged; (b) If the Director of the NMC finds that the Vessel Security Plan meets
(6) All occurrences or suspected occurrences of unlawful acts and related the requirements of 120.300, the Director shall return a copy to the owner
activities are reported in accordance with 120.220; and or operator marked "Examined by the Coast Guard".
(7) Coordination, for implementation of the plant required by 120300, (c) If the Director of the NMC finds that the Plan does not meet the
takes place with the terminal security officer at each terminal at which the requirements of 120.300, the Director shall return the plan with an
vessel embarks or disembarks passengers. explanation of why it does not meet the requirements.
(d) No vessel subject to this part may embark or disembark passengers
120.220 Reporting of unlawful acts and related activities. in the United States after November 16, 1996, unless it holds either a
(a) Either the operator of the vessel or the vessel security officer shall Vessel Security Plan that has been examined by the Coast Guard or a letter
report each breach of security, unlawful act, or threat of an unlawful act from the Director of the NMC stating that the Plan is currently under
against the vessel or persons aboard it that occurs in a place subject to the review by the Coast Guard and that normal operations may continue until
jurisdiction of the United States, born to the COTP and to the local office the Coast Guard has determined whether the Plan meets the requirements
of the Federal Bureau of Investigation (FBI). Also, the operator of each of 120.300.
U.S.-flag vessel shall report each such incident that occurs in a place
outside the jurisdiction of the United States to the hotline of the Response 120.307 Plan: Amendment.
Center of the Department of Transportation at 1-800-424-0201, or, from (a) The operator of a passenger vessel subject to this part may initiate
within metropolitan Washington D.C., at (202) 267-3675. amendments to the Vessel Security Plan on its own as well as when
(b) Either the operator of the vessel or the vessel security officer shall directed by the Director of the NMC.
file a written report of the incident, using the form "Report on an Unlawful (b) Each proposed amendment to the Plan, initiated by the operator,
Act", contained in IMO MSC Circular 443, which the operator or the including changes to the appendices required by 120.300(a)(3), must be
officer shall forward as soon as possible to Commandant (G-MRO), U.S. submitted to the Director of the NMC for review at least 30 days before the
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC proposed amendment is to take effect, unless a shorter period is allowed by
20593-0001. Notification of an incident may be initially filed by fax. the Director. The Director will examine the amendment and respond
Original copies should be sent by mail in conjunction with taxing the report according to 120305.
to the Commandant (G-MRO), fax numbers are (202) 267-4085/4065. (c) The Director of the NMC may direct the operator of a vessel subject
to this part to amend its Plan if the Director determines that implementation
Subpart C—Plans and Procedures for Vessel Security of the Plan is not providing effective security. Except in an emergency, the
Director will issue to the operator a written notice of matters to address and
120.300 Plan: General. will allow the operator at least 60 days to submit proposed amendments.
(a) Each operator of a vessel subject to this part shall for each such (d) If there is an emergency or other circumstance that makes the
vessel develop and maintain, in writing, an appropriate Vessel Security procedures in paragraph (c) of this section impracticable, the COTP may
Plan that— give to the operator of a vessel subject to this part an order to implement
(1) Is unique to the vessel; increased security measures immediately. The order will incorporate a
(2) Articulates the program required by 120.200; and statement of the reasons for it
(3) Includes an appendix, for each port in which the vessel embarks or
disembarks passengers, that contains port-specific security information.
120.309 Right of appeal.
(b) The Plan must be developed and maintained in accordance with the
Any person directly affected by a decision or action taken by the
guidance in IMO MSC Circular 443, and must address security for periods
Director of the NMC under this part, may appeal that action or decision to
of low, medium, and high threats, to—
the Chief, Marine Safety and Environmental Protection Directorate
(1) Deter unauthorized access to the vessel and its restricted areas;
(Commandant (G-M)) according to the procedures in 46 CFR 1.03-15.
(2) Deter the introduction of prohibited weapons, incendiaries, or
explosives aboard the vessel;
(3) Encourage vigilance, as well as general awareness of security, aboard
the vessel;
(4) Provide adequate training to members of the crew for security aboard
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M.E.T. PUBLICATION 515 — 5TH EDITION
chapter destined for or moored at that terminal, or persons on the terminal directed by the COTP.
or vessel, to the COTP, to the local office of the Federal Bureau of (b) Each proposed amendment to the Plan initiated by the operator of a
Investigation (FBI), and to the local police agency having jurisdiction over passenger terminal, including changes to the enclosures required by
the terminal. §128.300(a), must be submitted to the COTP for review at least 30 days
(b) Either the operator of the terminal or the operator's representative before the amendment is to take effect, unless a shorter period is allowed
shall file a written report of the incident using the form "Report on an by the COTP. The COTP will examine the amendment and respond
Unlawful Act", contained in IMO MSC Circular 443, as soon as possible according to 120305.
to the local COTP. (c) The COTP may direct the operator of a terminal subject to this part
to amend its Plan if the COTP determines that implementation of the Plan
Subpart C—Plans and Procedures for Terminal Security is not providing effective security. Except in an emergency, the COTP will
issue to the operator a written notice of matters to address and will allow
128.300 Plan: General. the operator at least 60 days to submit proposed amendments.
(a) Each operator of a passenger terminal subject to this part shall (d) If mere is an emergency or other circumstance that makes the
develop and maintain, in writing, for each such terminal of which it is the procedures in paragraph (c) of this section impracticable, the COTP may
operator, an appropriate Terminal Security Plan that articulates the program give to the operator of a terminal subject to this part an order to implement
required by §128.200. increased security measures immediately. The order will incorporate a
(b) The Plan must be developed and maintained in accordance with the statement of the reasons for it
guidance in IMO MSC Circular 443 and must address the security of
passengers, of members of crews of passenger vessels subject to Part 120 128.309 Right of Appeal
of this chapter, and of employees of the terminal, by establishing Any person directly affected by a decision or action taken by the COTP
procedures, for periods of low, medium, and high threats, to— under this part, may appeal that action or decision to the cognizant District
(1) Deter unauthorized access to the terminal and its restricted areas and Commander according to the procedures in 46 CFR 1.03-15; the District
to any passenger vessel moored at the terminal; Commander's decision on appeal may be further appealed to the
(2) Deter the introduction of prohibited weapons, incendiaries, and Commandant according to the procedures in 46 CFR 1.03-25.
explosives into the terminal and its restricted areas and onto any passenger
vessel moored at the terminal;
(3) Encourage vigilance, as well as general awareness of security, at the
terminal;
(4) Provide adequate training to employees of the terminal for security
at the terminal;
(5) Coordinate responsibilities for security with the operator of each
vessel that embarks or disembarks passengers at the terminal; and
(6) Provide information to employees of the terminal and to
lawenforcement personnel, in case of an incident affecting security.
(c) The operator shall amend the Plan to address any known deficiencies.
(d) The operator shall restrict the distribution, disclosure, and availability
of information contained in the Plan to those persons with an operational
need to know.
PAGE 1
33 CFR PART 136
128
M.E.T. PUBLICATION 515 — 5TH EDITION
subdivision thereof to impose additional liability or additional requirements of all removal actions for the incident or the date the FOSC determines that
relating to a discharge, or substantial threat of a discharge, of oil. the removal actions which form the basis for the costs being claimed are
completed, whichever is earlier.
136.3 Information. (b) Unless the Director, NPFC, directs in writing that the claim be
Anyone desiring to file a claim against the Fund may obtain general submitted elsewhere, a claim is deemed presented on the date the claim is
information on the procedure for filing a claim from the Director, National actually received at the National Pollution Funds Center, suite 1000, 4200
Pollution Funds Center, suite 1000, 4200 Wilson Boulevard, Arlington, Wilson Boulevard, Arlington, Virginia 22203-1804. If the Director, NPFC,
Virginia 22203-1804, (703) 235-4756. directs that the claim be presented elsewhere, the claim is deemed presented
on the date the claim is actually received at the address in the directive.
136.5 Definitions [CGD 91-035, 57 FR 36316, Aug. 12, 1992; 57 FR 41104, Sept. 3, 1992]
(a) As used in this part, the following terms have the same meaning as
set forth in sections 1001 and 1007(c) of the Act (33 U.S.C. 2701 and 136.103 Order of presentment
2707(c)): Claim, claimant, damages, discharge, exclusive economic zone, (a) Except as provided in paragraph (b) of this section, all claims for
facility, foreign claimant, foreign offshore unit. Fund, guarantor, incident, removal costs or damages must be presented first to the responsible party
National Contingency Plan, natural resources, navigable -waters, offshore or guarantor of the source designated under §136.305.
facility, oil, onshore facility, owner or operator, person, removal costs, (b) Claims for removal costs or damages may be presented first to the
responsible party. State, United States, and vessel. Fund only—
(b) As used in this part— (1) By any claimant, if the Director, NPFC, has advertised, or otherwise
Act means title I of the Oil Pollution Act of 1990 (Pub. L. 101-380; 33 notified claimants in writing, in accordance with §136.309(e);
U.S.C. 2701 through 2719). (2) By a responsible party who may assert a claim under section 1008
Director, NPFC, means the person in charge of the U.S. Coast Guard of the Act (33 U.S.C. 2708);
National Pollution Funds Center or that person's authorized representative. (3) By the Governor of a State for removal costs incurred by that
FOSC means the Federal On-Scene Coordinator designated under the State; or
National Contingency Plan or that person's authorized representative. (4) By a United States claimant in a case where a foreign offshore unit
NPFC means the U.S. Coast Guard National Pollution Funds Center, has discharged oil causing damage for which the Fund is liable under
suite 1000, 4200 Wilson Boulevard, Arlington, Virginia 22203-1804. section 1012(a) of the Act (33 U.S.C. 2712(a)).
(c) If a claim is presented in accordance with paragraph (a) of this
136.7 Foreign claimants. section and—
In addition to other applicable limitations on presenting claims to the (1) Each person to whom the claim is presented denies all liability for
Fund, claims by foreign claimants to recover removal costs or damages the claim; or
may be presented only when the requirements of section 1007 of the Act (2) The claim is not settled by any person by payment within 90 days
(33 U.S.C. 2707) are met after the date upon which (A) the claim was presented, or (B) advertising
was begun pursuant to §136.309(d), whichever is later, the claimant may
elect to commence an action in court against the responsible party or
136.9 Falsification of claims.
guarantor or to present the claim to the Fund.
Persons submitting false claims or making false statements in connection
(d) No claim of a person against the Fund will be approved or certified
with claims under this part may be subject to prosecution under Federal
for payment during the pendency of an action by the person in court to
law, including but not limited to 18 U.S.C. 287 and 1001. In addition,
recover costs which are tile subject of the claim.
persons submitting written documentation in support of claims under this
[CGD 31-035, 57 FR 36316, Aug. 12, 1992, 57 FR 41104, Sept. 9, 1992]
part which they know, or should know, is false or omits a material fact
may be subject to a civil penalty of up to $5,000 for each claim. If any
payment is made on the claim, the claimant may also be subject to an 136.105 General requirements for a claim.
assessment of up to twice the amount claimed. These civil sanctions may (a) The claimant bears the burden of providing all evidence, information,
be imposed under the Program Fraud Civil Remedies Act, 31 U.S.C. 3801- and documentation deemed necessary by tile Director, NPFC, to support the
3812, as implemented in 49 CFR part 31. claim.
(b) Each claim must be in writing for a sum certain for compensation for
Subpart B—General Procedure each category of uncompensated damages or removal costs (as described
in Subpart C of this part) resulting from an incident If at any time during
the pendency of a claim against the Fund the claimant receives any
136.101 Time limitations on claims.
compensation for the claimed amounts, the claimant shall immediately
(a) Except as provided under section 1012(h)(3) of the Act (33 U.S.C.
amend the claim.
2712(h)(3)) (minors and incompetents), the Fund will consider a claim only
(c) Each claim must be signed in ink by the claimant certifying to the
if presented in writing to the Director, NPFC, within the following time
best of the claimant's knowledge and belief that the claim accurately
limits:
reflects all material facts.
(1) For damages, within three years after—
(d) In addition to the other requirements of this section, any claim
(i) The date on which the injury and its connection with the incident in
presented by a legal representative of the claimant must also be signed by
question were reasonably discoverable with the exercise of due care.
the legal representative and—
(ii) In the case of natural resources damages under section 1002(b)(2)(A)
(1) Be presented in the name of the claimant;
of the Act (33 U.S.C. 2702(b)(2)(A)), the date under paragraph (a)(1)(i) of
(2) Show the title or legal capacity of the representative; and
this section, or within three years from the date of completion of the
(3) Provide proof of authority to act for the claimant
natural resources damage assessment under section 1006(e) of the Act (33 (e) Each claim must include at least the following, as applicable:
U.S.C. 2706(e)), whichever is later. (1) The full name, street and mailing addresses of residence and
(2) For removal costs, within six years after the date of completion of all business, and telephone numbers of the claimant
removal actions for the incident As used in this paragraph, "date of (2) The date, time, and place of the incident giving rise to the claim.
completion of all removal actions" is defined as the actual date of
completion
PAGE 3
33 CFR PART 136
130
M.E.T. PUBLICATION 515 — 5TH EDITION
Real or Personal Property
136.203 Proof. 136.213 Authorized claimants.
In addition to the requirements of Subparts A and B of this part, a (a) A claim for injury to, or economic losses resulting from the
claimant must establish— destruction of, real or personal property may be presented only by a
(a) That the actions taken were necessary to prevent, minimize, or claimant either owning or leasing the property.
mitigate the effects of the incident; (b) Any claim for loss of profits or impairment of earning capacity due
(b) That tile removal costs were incurred as a result of these actions; to injury to, destruction of, or loss of real or personal property must be
(c) That the actions taken were determined by the FOSC to be consistent included as subpart of the claim under this section and must include the
with the National Contingency Plan or were directed by the FOSC. proof required under §136.233.
PAGE 1
33 CFR PART 138 134
M.E.T. PUBLICATION 515 — 5TH EDITION
name change (a change of legal identity, such as reincorporation or other propelled barge, is not equipment
reorganization, is not considered a name change). The expiration date that Guarantor means any person who provides evidence of financial
will appear on the replacement Certificate will be the same as the responsibility, under the Acts, on behalf of a vessel owner, operator, and
expiration date of the Certificate being replaced. During that three-year demise-charterer. A vessel operator who can qualify as a self-insurer may
time period, with respect to part 132 of this chapter, the expiration date that act as born a self-insurer of vessels it operates and as a financial guarantor
will appear on a Certificate being replaced, or on an existing Certificate of other vessels, under §138.80(b)(4).
being renewed, will be adjusted to coincide with the expiration date of the Hazardous material means a liquid material or substance that is—
Certificate, if any, for that vessel issued under part 130 of this chapter. (1) Flammable or combustible;
(3) A non-tank vessel that has a Certificate issued before December 28, (2) Designated a hazardous substance under section 311 (b) of the
1994, under part 130 of this chapter is not required to carry a Certificate Federal Water Pollution Control Act (33 U.S.C. 1221); or
under this part until the date of expiration of the Certificate issued under (3) Designated a hazardous material under section 104 of the Hazardous
part 130 of this chapter. Material Transportation Act (49 App. U.S.C. 1803).
(4) Except as provided in paragraph (b)(5) of this section, a Certificate Incident means any occurrence or series of occurrences having the same
issued on and after July 1, 1994, and before December 28, 1994, under origin, involving one or more vessels, facilities, or any combination thereof,
parts 130 and 132 of this chapter is issued with an expiration date three resulting in the discharge or substantial threat of discharge of oil into
years from the date of issuance. or upon the navigable waters or adjoining shorelines or the exclusive
(5) If a Certificate issued under part 130 of this chapter with an economic zone.
expiration date of December 28, 1994, or later is surrendered, and a new Insurer is a type of guarantor and means one or more insurance
Certificate is requested for the same non-tank vessel before December 28, companies, associations of underwriters, shipowners' protection and
1994, the new Certificate will have the same expiration date as that of the indemnity associations, or other persons, each of which must be acceptable
surrendered Certificate. to the Coast Guard.
(c) On or after July 1, 1994, a vessel that is subject to either part 131 or Master Certificate means a Certificate issued under this part to a person
132, or both, of this chapter but that is not subject to part 130 of this acting as vessel operator in its capacity as a builder, repairer, swapper, or
chapter because the vessel is 300 gross tons or less is not required to seller of vessels.
comply with part 131 or 132 of this chapter, unless that vessel is subject Offshore supply vessel has the same meaning as set forth in 46 U.S.C.
to this part under §138.12(a)(1). 2101.
OPA 90 means title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701
138.20 Definitions. et seq.).
(a) As used in this part (including the appendices to this part), the Operator means a person who is an owner, a demise charterer, or other
following terms have the same meaning as set forth in— contractor, who conducts the operation of, or who is responsible for the
(1) Section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701), operation of, a vessel. A builder, repairer, lessor, or seller who is
respecting the financial responsibility referred to in §138.10(b)(1): responsible, or who agrees by contract to become responsible, for a vessel is
claimant, damages, discharge, exclusive economic zone, navigable waters, an operator.
mobile offshore drilling unit, natural resources, offshore facility, oil, Owner means any person holding legal or equitable title to a vessel. In
person, remove, removal, removal costs, and United States; and a case where a Certificate of Documentation or equivalent document has
(2) Section 101 of the Comprehensive Environmental Response, been issued, the owner is considered to be the person or persons whose
Compensation, and Liability Act (42 U.S.C. 9601), respecting the financial name or names appear thereon as owner. For purposes of CERCLA only,
responsibility referred to in §138.10(b)(2): claimant, damages, "owner" does not include a person who, without participating in the
environment, hazardous substance, navigable waters, natural resources, management of a vessel, holds indicia of ownership primarily to protect the
person, release, remove, removal, and United States. owner's security interest in the vessel.
(b) As used in this part (including the appendices to this part)— Public vessel means a vessel
Acts means OPA 90 and CERCLA. Owned or bareboat chartered by the United States, or by a State or
Applicant means an operator who has applied for a Certificate or for the political subdivision thereof, or by a foreign nation, except when the vessel
renewal of a Certificate under this part. is engaged in commerce.
Application means "Application for Vessel Certificate of Financial Self-elevating lift vessel means a vessel with movable legs capable of
Responsibility (Water Pollution)," as illustrated in Appendix A of this part. raising its hull above the surface of the sea and that is an onshore work
Cargo means goods or materials on board a vessel for purposes of boat (such as a work barge) that does not engage in drilling operations.
transportation, whether proprietary or nonproprietary. A hazardous Tank vessel means a vessel (other than an offshore supply vessel, a
substance or oil carried solely for use aboard the carrying vessel is not fishing or fish tender vessel of 750 tons or less that transfers fuel without
"cargo". charge to a fishing vessel owned by the same person, or a towing or
CERCLA means title I of the Comprehensive Environmental Response, pushing vessel (tug) simply because it has in its custody a tank barge) that
Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.). is constructed or adapted to carry, or that carries, oil or liquid hazardous
Certificant means an operator who has been issued a Certificate under material in bulk as cargo or cargo residue, and that—
this part. (1) Is a vessel of the United States;
Certificate means a "Vessel Certificate of Financial Responsibility (2) Operates on the navigable waters; or
(Water Pollution)" issued under this part, unless otherwise indicated. (3) Transfers oil or hazardous material in a place subject to the
Director, NPFC, means the head of the U.S. Coast Guard National jurisdiction of the United States.
Pollution Funds Center (NPFC). Total Applicable Amount means the amount determined under §138.80(9(3).
Financial responsibility means statutorily required financial ability to Vessel means every description of watercraft or other artificial contrivance
meet liability under the Acts. used, or capable of being used, as a means of transportation on water.
Fish tender vessel and fishing vessel have the same meaning as set forth [61 FR 9264, Mar. 07, 1996]
in 46 U.S.C. 2101.
Fuel means any oil or hazardous substance used or capable of being used
to produce heat or power by burning, including power to operate
equipment. A hand-carried pump with not more than five gallons of fuel
capacity, that is neither integral to nor regularly stored aboard a non-self-
PAGE 3
33 CFR PART 138
136
M.E.T. PUBLICATION 515 — 5TH EDITION
individual (sole proprietor) applicant, a partner in a partnership applicant, or (i) Initial and annual submissions. An applicant or certificant shall
a director, chief executive officer, or any other duly authorized officer of a submit annual, current, and audited non-consolidated financial statements
corporate applicant prepared in accordance with Generally Accepted Accounting Principles,
(d) If, before the issuance of a Certificate, the applicant becomes aware and audited by an independent Certified Public Accountant These financial
of a change in any of the facts contained in the application or supporting statements must be audited in accordance with Generally Accepted
documentation, the applicant shall, within five business days of becoming Auditing Standards. These financial statements must be accompanied by an
aware of the change, notify the Director, NPFC, in writing, of the change. additional statement from the Treasurer (or equivalent official) of the
applicant or certificant certifying both the amount of current assets and the
138.65 Issuance and carriage of Certificates. amount of total assets included in the accompanying balance sheet, which
Upon the satisfactory demonstration of financial responsibility and are located in the United States. If the financial statements cannot be
payment of fees, the Director, NPFC, issues a Vessel Certificate of submitted in non-consolidated form, a consolidated statement may be
Financial Responsibility (Water Pollution), the original of which (except as submitted if accompanied by an additional statement prepared by the same
provided in §§138.90 (a) and (b) and 138.110(f)) is to be carried aboard the Certified Public Accountant, verifying to the amount by which the
vessel covered by the Certificate. The carriage of a valid Certificate or applicant's or certificant's—
authorized copy indicates compliance with these regulations. Failure to (A) Total assets, located in the United States, exceed its total (i.e.,
carry a valid Certificate or authorized copy subjects the vessel to worldwide) liabilities; and
enforcement action, except where a Certificate is removed temporarily from (B) Current assets, located in the United States, exceed its total (i.e.,
a vessel for inspection by a United States Government official. worldwide) current liabilities. This additional statement must specifically
name the applicant or certificant, indicate that the amounts so verified
relate only to the applicant or certificant, apart from any other affiliated
138.70 Renewal of Certificates.
(a) An operator shall file a written application for the renewal of a entity, and identify the consolidated financial statement to which it applies.
(ii) Semiannual submissions. When the applicant's or certificant's
Certificate at least 21 days, but not earlier than 90 days, before the
demonstrated net worth is not at least ten times the total applicable amount
expiration date of the Certificate. Except as provided in paragraph (c) of
of financial responsibility, the applicant's or certificant's Treasurer (or
this section, a letter may be used for this purpose. The Director, NPFC,
equivalent official) shall file affidavits covering the first six months of the
may waive this 21-day requirement.
applicant's or certificant's fiscal year. The affidavits must state that neither
(b) The applicant shall identify in the renewal application any changes
which have occurred since the original application for a Certificate was the working capital nor the net worth have, during the first six months of
filed, and set forth the correct information in full. the current fiscal year, fallen below the applicant's or certificant's required
(c) An applicant that applies for the first time for a Certificate issued amount of financial responsibility as determined in accordance with this
under this part to replace a Certificate issued under part 130 of this chapter part.
(iii) Additional submissions. An applicant or certificant—
shall submit an application form illustrated in Appendix A of this part. An
(A) Shall, upon request of the Director, NPFC, submit additional
applicant is not required to pay an application the under §138.130(c) for
financial information; and
this first-time application.
(B) Who establishes financial responsibility under paragraph (b)(3) of
this section shall notify the Director, NPFC, within five business days of
138.80 Financial responsibility, how established. the date the applicant or certificant knows, or has reason to believe, that the
(a) General. In addition to submitting an application and fees, an working capital or net worth has fallen below the amounts required by this
applicant shall submit, or cause to be submitted, evidence of financial part.
responsibility in an amount determined under §138.80(f). A guarantor may (iv) Time for submissions. All required annual financial statements must
submit directly to the Director, NPFC, the evidence of financial be received by the Director, NPFC, within 90 days after the close of the
responsibility. applicant's or certificant's fiscal year, and all affidavits required by
(b) Methods. An applicant shall establish evidence of financial paragraph (b)(3)(ii) of this section within 30 days after the close of the
responsibility by one or more of the following methods: applicable six-month period. Upon written request, the Director, NPFC,
(1) Insurance. By filing with the Director, NPFC, an insurance guaranty may grant an extension of the time limits for filing the annual financial
form CG-5586, illustrated in Appendix B of this part (or, when applying statements or affidavits. An applicant or certificant that requests an
for a Master Certificate, a master insurance guaranty form CG-5586-1, extension must set forth the reason for the extension and deliver the request
illustrated in Appendix C of this part), executed by not more than four at least 15 days before the statements or affidavits are due. The Director,
insurers that have been found acceptable by and remain acceptable to the NPFC, will not consider a request for an extension of more than 60 days.
Director, NPFC, for purposes of this part. (v) Failure to submit. The Director, NPFC, may revoke a certificate for
(2) Surety bond. By filing with the Director, NPFC, a surety bond failure of the certificant to submit any statement, data, notification, or
guaranty form CG-5586-2, illustrated in Appendix D of this part, executed affidavit required by paragraph (b)(3) of this section.
by not more than 10 acceptable surety companies certified by the United (vi) Waiver of working capital. The Director, NPFC, may waive the
States Department of the Treasury with respect to the issuance of Federal working capital requirement for any applicant or certificant that—
bonds in the maximum penal sum of each bond to be issued under this (A) Is a regulated public utility, a municipal or higher-level
part. governmental entity, or an entity operating solely as a charitable, non-profit
(3) Self-insurance. By filing the financial statements specified in making organization qualifying under section 501(c) Internal Revenue
paragraph (b)(3)(i) of this section for the applicant's last fiscal year Code. The applicant or certificant must demonstrate in writing that the
preceding the date of application and by demonstrating that the applicant grant of a waiver would benefit a local public interest; or
maintains, in the United States, working capital and net worth each in (B) Demonstrates in writing that working capital is not a significant
amounts equal to or greater than the total applicable amount calculated in factor in the applicant's or certificant's financial condition. An applicant's
accordance with §138.80(f), based on a vessel carrying hazardous or certificant's net worth in relation to the amount of its required amount
substances as cargo. As used in this paragraph, working capital means the
amount of current assets located in the United States, less all current
liabilities anywhere in the world; and net -worth means the amount of all
assets located in the United States, less all liabilities anywhere in the world.
After the initial submission, for each of the applicant's fiscal years, the
applicant or certificant shall submit statements as follows:
PAGE 7
33 CFR PART 138 140
M.E.T. PUBLICATION 515 — 5TH EDITION
138.140 Enforcement. each document served on the Director, NPFC; and
(a) Any person who fails to comply with this part with respect to (2) Attests to this registered mailing, at the time process is served
evidence of financial responsibility under section 1016 of OPA 90 (33 upon the Director, NPFC, indicating that the intent of the mailing is to
U.S.C. 2716) is subject to a civil penalty of not more than $25,000 per effect service of process on the applicant, certificant, or guarantor and
day of violation, in accordance with section 4303(a) of OPA 90 (33 that service on the designated agent is not possible, stating the reason
U.S.C. 2716a(a)). In addition, under section 4303(b) of that Act (33 why.
U.S.C. 2716a(b)), the Attorney General may secure such relief as may
be necessary to compel compliance with this part including termination
of operations. Further, any person who fails to comply with this part
with respect to evidence of financial responsibility under section
108(a)(1) of CERCLA (42 U.S.C. 9608(a)(1)) is subject to a Class I
administrative civil penalty of not more than $25,000 per violation and
a Class II administrative civil penalty or judicial penalty of $25,000
per day of violation (or $75,000 per day in the case of a second or
subsequent violation), in accordance with section 109(a) of CERCLA
(42 U.S.C. 9609(a)).
(b) The Secretary of the Treasury shall withhold or revoke the
clearance required by section 4197 of the Revised Statutes (46 U.S.C.
91) to any vessel subject to this part that does not produce evidence of
financial responsibility required by this part.
(c) The Coast Guard may deny entry to any port or place in the
United States or the navigable waters of the United States, and may
detain at a port or place in the United States in which it is located, any
vessel subject to this part, which, upon request, does not produce
evidence of financial responsibility required by this part.
(d) Any vessel subject to this part which is found in the navigable
waters without the necessary evidence of financial responsibility is
subject to seizure by and forfeiture to the United States.
(e) Knowingly and willfully using an invalid Certificate, or any copy
thereof, is fraud.
CG-5585 INSTRUCTIONS
APPLICATION FOR VESSEL CERTIFICATE OF Please type or print and submit this
application to Director, Coast Guard National
FINANCIAL RESPONSIBILITY (WATER POLLUTION) Pollution Funds Center (cy), 4200 Wilson
Boulevard, Suite 1000, Arlington, VA 22203-
1. (a) Legal name of applicant (name of responsible operator of at vessels listed in Part II): 1804. The application is la four parts: Part I -
General; Part II - Evidence of Financial
Responsibility; Part III - Declaration; Part
IV - Concurrence of Agent. Applicants must
answer all applicable questions. If a question
does not apply, answer "not applicable."
Incomplete applications will be returned. If
additional space is required, supplemental
(b) English equivalent of legal name of customarily written in language other than English: sheets may be attached. All information must
be provided in the English language.
2. Is this first time the above - named applicant is submitting application Form CG-5585?
YES NO
If "NO", what Coast Guard control number was assigned to the first application form
CG-5585?
3. State applicant's legal form of organization, i.e., whether operating as an individual, corporation, partnership, association, joint stock company,
business trust, or other organizer group of persons (whether incorporated or not) or as a receiver, trustee, or other figurating agent and briefly
describe current business activities and length of time engaged therein.
4. Name and address of applicant's United States agent or other person authorized by applicant to accept service of process and receipt of notices
of designations and presentations of claims in the United States (collectively referred to as "service of process") (See Part IV) (U. S. applicants
may appoint themselves as agent, eliminating the need to complete Part IV.)
Reverse of CG-5585
EVIDENCE OF FINANCIAL RESPONSIBILITY (PART II OF 4 PARTS)
5. List all applicants vessels which require Certificates of Financial Responsibility under 33 CFR 138.12. In
column (f) indicate the number " 1" if the operator is also the registered owner. Indicate "2" in column (f) if
the operator is not the registered owner.
NAME OF VESSEL TYPE OF COUNTRY US VESSELS: Documentation Number GROSS "1"
VESSEL OF FOREIGN VESSELS: International TONS or
(See note REGISTRY Maritime Organization (IMO) Number "2"
below) or Country of Registration Number if
no IMO number has been assigned.
(a) (b) (c) (d) (e) (f)
NOTE: Designate the type of vessel by using a number from one of the following categories:
CARGO VESSELS. SELF-PROPELLED PASSENGER VESSELS UTILITY CRAFT
Breakbulk freighter 10 Passenger vessel ** 30 Tank barge 50
Containership* 11 Combination passenger/cargo Tug and towboat 51
Roll-on-roll-off 12 Vessel** 31 Barge and scow 52
Barge carrier (i.e., lash, seabee) 13
Ferry** 32 Mobile offshore
Combination breakbulk containership* 14 drilling unit 53
Combination roll-on-roll-off containership* 15
Combination barge carrier containership* 18 RECREATIONAL VESSELS Fishing vessel 54
Tanker 17 All types of pleasure craft 40 Factory vessel 55
Dry bulk carrier 18 Research vessel 56
All other self-propelled cargo vessels 19 All other utility craft*** 57
Oil/bulk/ore earner (OBO) 20 MISCELLANEOUS
Vessels not otherwise specified 60
* Containership categories should be assigned only to vessels having fixed container ceils or regularly carrying
multi-tier container deckloads.
** Passenger categories should be assigned only to vessels carrying more than 12 passengers for hire.
*** Includes floating cranes, dredges, docks, etc.
5. (g) If applicant indicated *2* for any vessel listed above in column 5(f), indicate:
-2-
PAGE 10 33 CFR PART 138
143
M.E.T. PUBLICATION 515 — 5TH EDITION
PART II (CONT'D)
6. Items 7 through 11 are methods of establishing financial responsibility. Check the appropriate box(es) below and answer only the item(s)
which are applicable to application:
7. Name and address of applicant's insurance guarantor (evidence of insurance acceptable to the Director. Coast Guard National Pollution
Funds Center, on Insurance Guaranty Form CG-5596 or Master Insurance Guaranty Form CG-5596-1, must be filled before a Certificate will
be issued):
Name and address of applicant's surety bond guarantor (Surety Bond Guaranty Form CG-5586-2 must be filed before a Certificate will be
issued):
9. Name and address of applicant’s surety bond guarantor (Surety Bond Guaranty Form CG-5586-3, or Master Guaranty Form CG-5586-4
and all required financial data must be filed before a Certificate will be issued):
10. If applicant intends to qualify as a self-insurer, attach all required financial data and indicate fiscal year.
11. If applicant intends to qualify through other evidence, supply all information required by 33 CFR 138.80(b)(5)
-3-
12. Applicant's mailing address (street, number, post office BOX, city, 14. Type or print in this space the name and title of the official
state or country, indicate ZIP code if in the United Slates): who is signing this application:
13. Telefax number and/or telex number and answerback: 16. Telephone no. (area code and number):
I declare that I have examined this application, including any accompanying schedules and statements, and to the
best of my knowledge and belief, it is true, correct, and complete. Furthermore, the applicant named in item 1 (a) of Part 1 above
is the responsible operator of all vessels now listed in or later added to this application. I agree that in the event the agent
designated in item 4 of Part 1 above, or that agent's replacement as may be designated later with the approval of the
Director, Coast Guard National Pollution Funds Center, cannot be served due to death, disability, unavailability, or similar
event the Director, Coast Guard National Pollution Funds Center, is considered the agent for service of process. (have
signed this application in my capacity as an authorized official of the applicant, or. If acting under a power of attorney,
pursuant to the power vested in the by the applicant as evidenced by the attached power of attorney.
NOTE: Please be sure that Parts I, II and III have been completed in full and that Part III has been dated and signed. Then proceed to
Part IV, attached.
COMMENTS:
Any person who knowingly and willfully makes a false statement. In this application is subject to the sanctions prescribed In 18 U.S.C. 1001.
-4-
-5-
CG-5586
4
(II) Applicable Amount Under the Comprehensive Environmental
Response, Compensation, and Liability Act, as Amended.
VESSEL TYPE APPLICABLE AMOUNT SCHEDULE OF VESSELS
Vessel over 300 gross tons The greater of VESSEL GROSS TONS ASSURED
carrying hazardous substance $ 5,000,000 or OPERATOR
as cargo $ 300 per gross ton.
CG-5586
5 6
SCHEDULE OF VESSELS Appendix C to Part 138 - Master Insurance Guaranty Form
ADDED TO ABOVE
DEPARTMENT OF
VESSELS TRANSPORTATION
U.S. COAST GUARD
ASSURED DATE CG-5586-1
VESSEL GROSS TONS OPERATOR ADDED MASTER INSURANCE GUARANTY FURNISHED AS EVIDENCE OF
FINANCIAL RESPONSIBILITY FOR BUILDERS, REPAIRERS,
SCRAPPERS, LESSORS, OR SELLERS OF VESSELS UNDER THE OIL
POLLUTION ACT OF 1990 AND THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND
LIABILITY ACT, AS AMENDED
(Name of Agent)
1
Pollution Funds Center ("Center"), is the agent for these is designated as the lead guarantor having authority to bind all
purposes. guarantors for actions of guarantors under the Acts, including but not
The Insurer consents to be sued directly with respect to any limited to receipt of designation of source, advertisement of a
claim, including any claim by right of subrogation, for costs and designation, and receipt and settlement of claims (inapplicable if only
damages arising under section 1002 of OPA 90, as limited by one Insurer executes this guaranty).
section 1004(a), or section 107(a)(1) of CERCLA, as limited by The Insurance evidenced by this guaranty shall be applicable
sections 107(c)(1)(A) and (B), or both, against the Assured. only In relation to each incident, release, or threatened release
However, in any direct action under OPA 90, the Insurer's occurring on or after the effective date of this guaranty and
liability per vessel per incident shall not exceed the amount before the termination data of this guaranty and shall be
determined under part: I of the Applicable Amount Table below and, applicable only In relation to each Incident, release and
in any direct action under CERCLA, the Insurer's liability per threatened release giving rise to claims under section 1002 of
vessel per release or threatened release shall not exceed the OPA 90 or section 107(a)(1) of CERCLA, or both, with respect to
amount determined under part II of the Applicable Amount Table any covered vessel. The termination date is 30 days after the
below. The Insurer's obligation hereunder with respect to any date of receipt by the Center of written notice that the Insurer
one incident or release or threatened release shall be reduced by has elected to terminate the Insurance evidenced by this guaranty
all payments or succession of payments for costs and damages, to and has so notified the above named Assured operator.
one or more claimants, made by or on behalf of the Assured under Termination of this guaranty doss not affect the liability
OPA 90 or CERCLA or both, as applicable, for which the Assured is of the Insurer in connection with an incident, release, or
liable. The Insurer shall be entitled to Invoke only the threatened release occurring prior to the date the termination
following rights and defenses in any direct action: becomes affective.
(1) The incident, release, or threatened Title 33 CFR part 138 governs this guaranty.
release was caused by the willful misconduct of the Effective Date:
Assured.
(day/month/year)
(2) Any defense that the Assured may raise
under the Acts.
(3) A defense relating to the amount of a (Name of Insurer)
claim or claims, filed in any action in any court
or other proceeding, that exceeds the amount of
this guaranty with respect to an Incident or with (Percentage of Participation)
respect to a release or threatened release.
(4) A defense relating to the amount of a
(Mailing Address)
claim or claims that exceeds the amount of this
guaranty, which amount is based on the gross
tonnage of a covered- vessel as entered on the
vessel's International Tonnage Certificate or other
official, applicable certificate of measurement,
except where the guarantor knew or should have
known that the applicable tonnage certificate was By:
incorrect. (Signature of Official Signing
(5) The claim is not one made under either of On Behalf of Insurer)
the Acts.
No more than four Insurers (including lead underwriters) may (Typed Name and Title of Signer)
execute this guaranty. If more than one Insurer executes this
guaranty, each Insurer binds itself jointly and severally for the
purpose of allowing Joint action or actions against any or all of
the Insurers, and for all other purposes each Insurer is bound
for the payment of sums only in accordance with the percentage of [NOTE: For each additional Insurer, provide information in
participation set forth opposite the name of the Insurer below. the same manner as for Insurer above.]
If no percentage of participation is indicated for an Insurer or
Insurers, the liability of such Insurer or Insurers shall be
Joint and several for the total of the unspecified portions.
VESSEL TYPE VESSEL'S GROSS TONS APPLICABLE AMOUNT (II) Applicable Amount Under the Comprehensive Environmental
Response, Compensation, and Liability Act, as Amended.
Tank vessel Over 300 gross tons* The greater of
(except a tank vessel but not to exceed $ 2,000,000 or VESSEL TYPE APPLICABLE AMOUNT
on which no liquid 3,000 gross tons. $ 1,200 par gross ton.
hazardous material
in bulk is being Vessel over 300 gross tons The greater of
carried as cargo or carrying hazardous substance $ 5.000,000 or
cargo residue, and on as cargo $ 300 per gross ton.
which the only oil --------------------------- ---------------------------
Any other vessel over 300 The greater of
carried as cargo or
gross tons $ 500,000 or
cargo residue is an
$ 300 per gross ton.
animal fat or
vegetable oil, an
those terms are used
(III) Total Applicable Amount - Maximum applicable amount calculated under (I)
in section 1 of the
Edible Oil Regulatory plus maximum applicable amount calculated under (II).
Reform Act (Pub. L.
104-55))
--------------------- --------------------- --------------------------
Tank vessel Over 3,000 gross The greater of
(except a tank vessel tons. $ 10,000,000 or
on which no liquid $ 1,200 per gross ton.
hazardous material
in bulk is being
carried as cargo or
cargo residue, and on
which the only oil
carried as cargo or
cargo residue is an
animal fat or
vegetable oil, as
those terms are used
in section 2 of the
Edible Oil Regulatory
Reform Act ( Pub. L.
104-55))
----------------- ------------------------ ------------------------
Vessel other Over 300 gross tons. The greater of
than a tank * $ 500,000 or
vessel $ 600 per gross ton.
* This minimum gross ton limit does not apply to any vessel using the waters of the U.S.Exclusive Economic Zone
to tranship or lighter oil destined for a place subject to the jurisdiction of the United States ( as specified 33 CFR
138.12 (a)(i)).
CG-5586-1
4 CG-5586-1
5
Appendix D to Part 138 - Surety Bond Guaranty Form No more than 10 Sureties (Including lead Sureties) may
Surety Co. Bond No.________
execute this guaranty. If there is more than one surety company
DEPARTMENT OF TRANSPORTATION
executing this guaranty, we, the Sureties, bind ourselves In the
U.S. COAST GUARD penal sum jointly and severally for the purpose of allowing a joint action
CG-5586-2 or actions against any or all of us, and for all other purposes each Surety binds
SURETY BOND GUARANTY FURNISHED AS EVIDENCE OF itself jointly and severally with the Principal, for the payment of the percentage of
FINANCIAL RESPONSIBILITY UNDER THE OIL POLLUTION ACT OF the penal sum only as is set forth opposite the name of each Surety.
1990 AND THE COMPREHENSIVE ENVIRONMENTAL RESPONSE,
COMPENSATION, AND LIABILITY ACT, AS AMENDED
VESSEL OPERATOR
SURETY
(Signature(s))
(Signature of Sole Proprietor (Business Address)
or Partner) (State of incorporation)
(Typed Name(s) and Title(s))
(Typed)
[NOTE: For every co-Surety, provide information in the same manner as for
(Signature of Sole Proprietor (Business Address) Surety above.]
or Partner)
(Typed)
(Corporation)
(Business Address)
(Signature)
CG-5586-1
5
6
APPLICABLE AMOUNT TABLE (II) Applicable Amount Under the Comprehensive Environmental
Response, Compensation, and Liability Act, as Amended.
(I) Applicable Amount Under the Oil Pollution Act of 1990 VESSEL TYPE APPLICABLE AMOUNT
VESSEL TYPE VESSEL'S GROSS TONS APPLICABLE AMOUNT Vessel over 300 gross tons The greater of
carrying hazardous substance $5,000,000 or
Tank vessel Over 300 gross tons* The greater of as cargo $300 per gross ton.
(accept a tank vessel but not to exceed $2,000,000 or --------------------------- ---------------------------
on which no liquid 3,000 gross tons. $1,200 per gross ton.
hazardous materials Any other vessel over 300 The greater of
in bulk is being gross tons $500,000 or
carried as cargo or $300 per gross ton.
cargo residue, and on
which the only oil
carried as cargo or (III) Total Applicable Amount - Maximum applicable amount calculated
cargo residue is an under (I) plus maximum applicable amount calculated under (II).
animal fat or
vegetable oil, as
those terms are used
in section 2 of the
Edible Oil Regulatory
Reform Act (Pub. L.
104-55))
------------------ ------------------------- -----------------------------
* This minimum gross ton limit does not apply to any vessel using the waters of the U.S. Exclusive
Economic Zone to tranship or lighter oil destined for a place subject to the jurisdiction of the United States
( as specified 33 CFR 138 12 (a)(i))
CG-5586-1 CO-5586-2
7 8
Appendix E to Part 138 - Financial Guaranty Form FINANCIAL GUARANTY NO __________
CG-5586-3 2
FINANCIAL GUARANTY NO
APPLICABLE AMOUNT TABLE
5. The Guarantor designates
(Name of Agent)
with offices at (I) Applicable Amount Under the Oil Pollution Act of 1990
CG-5586-3
[NOTE: For each co-Guarantor, provide information in the same manner as for Guarantor
above.] 4
(II) Applicable Amount Under the Comprehensive Environmental
Response, Compensation, and Liability Act, as Amended.
SCHEDULE A
--------------------------- ---------------------------
Any other vessel over 300 The greater of
gross tons $500,000 or
$300 per gross ton.
Financial
Guaranty No.
CG-5586-3
CG-5586-3
6
SCHEDULE B Appendix F to Part 138 - Master Financial Guaranty Form
Financial Guaranty No.
VESSELS ADDED IN ACCORDANCE WITH CLAUSE 4
DEPARTMENT OF TRANSPORTATION
VESSEL GROSS OPERATOR DATE ADDED U.S. COAST GUARD
CG-5S86-4
1.
(Name of Builder, Repairer, Scrapper, Lessor, or Seller)
7
liability per vessel per incident shall not exceed the amount of designation and presentations of claims under the Acts. If
determined under part I of the Applicable Amount Table below and. the designated agent cannot be served due to death, disability,
in any direct action under CERCLA the Guarantor's liability per or unavailability, the Director, National Pollution Funds Center.
is the agent for these purposes.
vessel per release or threatened release shall not exceed the
amount determined under part II of the Applicable Amount Table 5. No more than four Financial Guarantors may execute this
below. The Guarantor's obligation hereunder with respect to any Guaranty. If more than one Guarantor executes this Guaranty,
each Guarantor binds itself Jointly and severally for the purpose
one incident or release or threatened release shall be reduced by
of allowing a Joint action or actions against any or all. of the
all payments or succession of payments for costs and damages, to Guarantors, and for all other purposes each Guarantor binds
one or more claimants, made by or on behalf of the Operator under itself. Jointly and severally with the Operator, for the payment
OPA 90 or CERCLA or both, as applicable, for which the Operator of the percentage of sums only as is set forth opposite the name
is liable. The Guarantor shall be entitled to invoke only the of the Guarantor. If no percentage is indicated for a Guarantor
following rights and defenses in any direct action: or Guarantors, the liability of such Guarantor or Guarantors
shall be Joint and several for the total of the unspecified
(1) The incident, release, or threatened portions.
release was caused by the willful misconduct of the
Operator. (Name of lead guarantor)
(2) Any defense that the Operator may raise
under the Acts.
(3) A defense relating to the amount of a
is designated as the lead guarantor having authority to bind all
claim or claims, filed in any action in any court guarantors for actions of guarantors under the Acts, including
or other proceeding, that exceeds the amount of but not limited to receipt of designation of source,
this Guaranty with respect to an incident or with advertisement of a designation, and receipt and settlement of
respect to a release or threatened release. claims (inapplicable if only one Financial Guarantor executes
(4) A defense relating to the amount of a this Guaranty).
claim or claims that exceeds the amount of this
6. Title 33 CFR part 138 governs this Financial Guaranty.
Guaranty, which amount is based on the gross
tonnage of the covered vessel as entered on the EFFECTIVE DATE:
Vessel's International Tonnage Certificate or other (Month/Day/Year and Place of Execution)
official, applicable certificate of measurement,
except where the guarantor knew or should have (Typed Name of Guarantor)
known that the applicable tonnage certificate was
incorrect.
(Address of Guarantor)
(5) The claim is not one made under either of
the Acts.
3. The Guarantor's liability under this Guaranty shall
attach only in relation to each incident, release, or threatened
release occurring on or after the effective date and before the (Percentage of Participation)
termination data of this Guaranty. The termination date is 30
days after the date of receipt by the Center of written notice By:
that the Guarantor has elected to terminate this Guaranty and has (Signature)
so notified the Operator. Termination of this Guaranty shall not
affect the liability of the Guarantor in connection with an (Type Name and Title of
incident, release, or threatened release occurring prior to the Person Signing Above)
date the termination becomes effective.
[NOTE: For each co-Guarantor, provide information in the same manner as for Guarantor
4. The Guarantor designates
above.]
(Name of Agent)
with offices at
CG-5586-4
4
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 facilities, including mobile offshore drilling units in contact with the seabed
of the OCS for exploration or exploitation of subsea resources, are in
CODE OF FEDERAL REGULATIONS addition to the regulations and orders of the U.S. Geological Survey
PART 140 - GENERAL applicable to those facilities.
(b) Any apparent conflict between the application of any requirement of
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part.". this subchapter and any regulation or order of the U.S. Geological Survey
However, we reprinted only those subparts and sections of concern to foreign should immediately be brought to the attention of the Officer in Charge,
vessels. If you need additional information listed in this Table of Contents that does Marine Inspection
not appear in the pages that follow, please write or fax us. We will be glad to furnish (c) This subchapter does not establish design requirements for fixed OCS
this information for a small service charge] facilities or regulate drilling or production equipment on any OCS facility
or attending vessel, except for matters affecting navigation or workplace
safety or health.
TABLE OF CONTENTS
140.5 Exemptions during construction.
Subpart A—General The Officer in Charge, Marine Inspection, may exempt any unit under
140.1 Purpose. construction from any requirements of this subchapter that would be
140.3 Applicability. impracticable or unreasonable to apply during construction or erection of the
140.4 Relationship to other law unit.
140.5 Exemptions during construction
140.7 Incorporation by reference
140.7 Incorporation by reference.
140.10 Definitions.
(a) Certain materials are incorporated by reference into this subchapter
140.15 Equivalents and approved equipment.
with the approval of the Director of the Federal Register in accordance with
140.20 Delegations.
5 U.S.C. 552(a). To enforce any edition other than the one listed in
140.25 Appeals.
paragraph (b) of this section, notice of the change must be published in the
140.30 Judicial review
Federal Register and the material made available to the public. All approved
140.35 Sanctions.
material is on file at the Office of the Federal Register, 800 North
140.40 Processing penalty cases.
Capitol Street, NW., suite 700, Washington, DC and at U.S. Coast Guard,
Office of Compliance (G-MOC), 2100 Second Street, SW., Washington,
Subpart B—Inspections
DC 20593-0001 and is available from the sources indicated in paragraph
140.101 Inspection by Coast Guard marine inspectors
(b) of this section
140.103 Annual inspection of fixed OCS facilities.
140.105 Correction of deficiencies and hazards. (b) The material approved for incorporation by reference in this
subchapter and the sections affected are as follows:
Subpart C—Investigations
American National Standards Institute (ANSI), 11 West 42nd Street, New
140.201 General.
140.203 Investigation procedures York, NY 10036.
140.205 Subpoenas. ANSI A10.14—1975—Requirements for Safety Belts, Harnesses,
Lanyards, Lifelines, and Drop Lines for Construction and In-
AUTHORITY: 43 U.S.C. 1333(d)(1), 1348(c), I356, 49 CFR 1 46. dustrial Use. ……………………………………………………… 142.42
SOURCE: CGD 78-160, 47 FR 9376, Mar. 4, 1982, unless otherwise ANSI/UL1123—1987—Standard for Marine Buoyant Devices…. 143.405
noted. ANSI Z41—1983—American National Standard for Personal
Protection-Protective Footwear…………………………………… 142.33
ANSI Z87.1—1979—Practice for Occupational and Educational Eye
Subpart A—General and Face Protection. ……………………………………………… 142.27
ANSI Z88.2—1980—Practices for Respiratory Protection. .. 142.39
ANSI Z89.1—1981—Safety Requirements for Industrial Head
140.1 Purpose.
Protection. ………………………………………………………… 142.30
This subchapter is intended to promote safety of life and property on
Outer Continental Shelf (OCS) facilities, vessels, and other units engaged International Maritime Organization (IMO) IMO Sales, New York
in OCS activities, protect the marine environment, and implement the Outer
Nautical Instrument and Service Corp., 140 W. Broadway, New York, NY
Continental Shelf Lands Act (43 U.S.C. 1331 et. seq.), as amended by the
10013.
Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372,
IMO Assembly Resolution A.414 (XI) Code for Construction and
92 Stat. 629) Equipment of Mobile Offshore Drilling Units. …………………... 143.207;
146.205
140.3 Applicability.
Unless otherwise stated, this subchapter applies to OCS facilities, vessels, [CGD 84-098b, 54 FR 21571, May 18, 1989; 61 FR 33660, June 28, 1996]
and other units engaged in OCS activities as the term "OCS activities" is
defined in §140 10 This subchapter does not apply to pipelines and 140.10 Definitions.
deepwater ports (as the term "deepwater port" is defined in section 3 (10) of As used in this subchapter:
the Deepwater Port Act of 1974 (33 U.S C 1502)) Act means the Outer Continental Shelf Lands Act of 1953 (43 U.S.C.
1331 et. seq.), as amended by the Outer Continental Shelf Lands Act
140.4 Relationship to other law. Amendments of 1978 (Pub. L. 95-372).
(a) Design and equipment requirements of this subchapter for OCS Approved means approved by the Commandant, unless otherwise
indicated.
Attending vessel means a vessel which is moored close to and readily
accessible from an OCS facility for the purpose of providing power, fuel,
Subpart C—Investigations
140.201 General.
Under the direction of the Officer in Charge, Marine Inspection,
investigating officers investigate the following incidents occurring as a
result of OCS activities:
(a) Death.
(b) Injury resulting in substantial impairment of any bodily unit or
function.
(c) Fire which causes death, serious injury or property damage exceeding
$25,000.
(d) Oil spillage exceeding two hundred barrels of oil in one occurrence
during a thirty-day period.
(e) Other injuries, casualties, accidents, complaints of unsafe working
conditions, fires, pollution, and incidents occurring as a result of OCS
activities as the Officer in Charge, Marine Inspection, deems necessary to
promote the safety of life or property or protect the marine environment.
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." 141.10 Definitions.
However, we reprinted only those subparts and sections of concern to foreign As used in this subpart.
vessels. If you need additional information listed in this Table of Contents that does Citizens of the United States means:
not appear in the pages that follow, please write or fax us. We will be glad to furnish (1) In the case of an individual, one who is a native born, derivative, or
this information for a small service charge] fully naturalized citizen of the United States;
(2) In the case of a partnership, unincorporated company, or association,
TABLE OF CONTENTS one in which 50% or more of the controlling interest is vested in citizens
of the United States; or
Subpart A—Restrictions on Employment (3) In the case of a corporation, one which is incorporated under the
141.1 Purpose laws of the United States or of any State thereof.
141.5 Applicability Citizen of a foreign nation means:
141.10 Definitions. (1) In the case of an individual, one who is not a citizen of the United
141.15 Restrictions on employment States;
141.20 Exemptions from restrictions on employment (2) In the case of a partnership, unincorporated company, or association,
141.25 Evidence of citizenship one in which more than 50% of the controlling interest is vested in citizens
141.30 Evidence of status as a resident alien. of a nation other than the United Stales; or
141.35 Records to be kept by the employer. (3) In the case of a corporation, one which is incorporated under the laws
of a nation other than the United States so long as (9 the ode to a majority
AUTHORITY: 43 U.S.C. 1356, 49 CFR 1.46(z). of the stock thereof is free from any trust or fiduciary obligation in favor of
SOURCE: CGD 78-160, 47 FR 9379, Mar. 4, 1982, unless otherwise any citizen of the United Stales; (ii) the majority of the voting power in the
noted. corporation is not vested in any citizen of the United States; (iii) through
any contract or understanding, the majority of the voting power may not be
exercised directly or indirectly on behalf of any citizen of the United Stales;
Subpart A—Restrictions on Employment or (iv) by no other means, control of the corporation is conferred upon or
permitted to be exercised by any citizen of the United States.
Resident alien means an alien lawfully admitted to tile United States for
141.1 Purpose.
permanent residence in accordance with section 101(a)(20) of the
This subpart prescribes rules governing restrictions on tile employment
Immigration and Nationality Act of 1952, as amended, 8 U.S.C.
of personnel on units engaged in OCS activities.
1101(a)(20).
141.5 Applicability.
141.15 Restrictions on employment.
(a) This subpart applies to employment of personnel on units engaged in
(a) On or after April 5, 1983, each employer of personnel on any unit
OCS activities, except as provided in paragraph (b) of this section
engaged in OCS activities that is subject to this part must employ, as
(b) This subpart does not apply to employment of personnel on any.
members of tile regular complement of the unit, only citizens of the United
(1) Vessel subject to the citizenship requirements of 46 U.S.C. 672a for
States or resident aliens except as provided by §141.20.
pilots, licensed officers, and unlicensed crew when the vessel is transiting
(b) As used in paragraph (a) of (his section, "regular complement of a
to or from an OCS facility or a United States port;
unit" means those personnel necessary for the routine functioning of the
(2) Vessel subject to the citizenship requirements of 46 U.S.C. 1132 for
unit, including marine officers and crew; industrial personnel on the unit,
officers and crew on federally subsidized or documented vessels; or
such as toolpushers, drillers, roustabouts, floor hands, crane operators,
(3) Unit over 50 percent of which is owned by one or more citizens of
derrickmen, mechanics, rnotormen, and general maintenance personnel; and
a foreign nation or with respect to which one or more citizens of a foreign
support personnel on the unit, such as cooks, stewards and radio operators.
nation have the right effectively to control, except to the extent and to the
The term does not include specialists, professionals, or other technically
degree that the President determines that the government of such foreign
trained personnel called in to handle emergencies or other temporary
nation or any of its political subdivisions has implemented, by statute,
operations; extra personnel on a unit for training; and other personnel
regulation, policy, or practice, a national manning requirement for
temporarily on a unit for specialized operations, such as construction,
equipment engaged in the exploration, development, or production of oil or
alteration, well logging, or unusual repairs or emergencies.
gas in its offshore areas.
(c) The Officer in Charge, Marine Inspection, may determine whether a
(c) The Commandant may, upon request or upon that person's own
particular individual or position is part of the regular complement of a unit
initiative, determine whether over 50 percent of a particular unit is owned
A copy of the determination is provided to the owner or operator of the
by citizens of a foreign nation or whether citizens of a foreign nation have
unit affected. (Approved by the Office of Management and Budget under
the right effectively to control the unit
OMB control number 2130-0182)
(d) In determining whether ownership or a right effectively to control
exists, the Commandant may consider operational control of a unit,
management responsibility, title, lease and charter arrangements, and 141.20 Exemptions from restrictions on employment
financial interests. (a) An employer may request an exemption from the restrictions on
(e) The owner or operator of any unit affected is notified of the employment in §141.15 in order to employ persons other than citizens of
the United Stales or resident aliens as part of the regular complement of the
unit under the following circumstances.
(1) When specific contractual provisions or national registry manning re-
PAGE 2
33 CFR PART 141
168
M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 hazards.
(c) "Recognized hazards", in paragraphs (a) and (b) of this section,
CODE OF FEDERAL REGULATIONS means conditions which are—
PART 142 - WORKPLACE SAFETY (1) Generally known among persons in the affected industry as causing
AND HEALTH or likely to cause death or serious physical harm to persons exposed to
those conditions; and
(2) Routinely controlled in the affected industry.
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part."
However, we reprinted only those subparts and sections of concern to foreign 142.7 Reports of unsafe working conditions.
vessels. If you need additional information listed in this Table of Contents that (a) Any person may report a possible violation of any regulation in this
does not appear in the pages that follow, please write or fax us. We will be glad to subchapter or any other hazardous or unsafe working condition on any unit
furnish this information for a small service charge] engaged in OCS activities to an Officer in Charge, Marine Inspection.
(b) After reviewing the report and conducting any necessary
TABLE OF CONTENTS investigation, the Officer in Charge, Marine Inspection, notifies the owner
or operator of any deficiency or hazard and initiates enforcement measures
Subpart A—General as the circumstances warrant
142.1 Purpose. (c) The identity of any person making a report under paragraph (a) of
142.4 Duties of lessees, permittees, and persons responsible for actual this section is not made available, without the permission of the reporting
operations. person, to anyone other than those officers and employees of the
142.7 Reports of unsafe working conditions. Department of Transportation who have a need for the record in the
performance of their official duties
Subpart B—Personal Protective Equipment
142.21 Purpose and applicability. Subpart B—Personal Protective Equipment
142.24 Use of equipment
142.27 Eye and face protection 142.21 Purpose and applicability.
142.30 Head protection. This subpart prescribes requirements concerning personal protection on
142.33 Foot protection. OCS faculties.
142.36 Protective clothing.
142.39 Respiratory protection. 142.24 Use of equipment.
142.42 Safety belts and lifelines.
(a) Each holder of a lease or permit issued under the Act shall ensure
142.45 Personal flotation devices.
that all personnel who are required by this subpart to use or wear personal
142.48 Eyewash equipment
protective equipment do so when within the lease area or the area covered
by the permit
Subpart C—General Workplace Conditions
(b) Persons responsible for actual operations shall ensure that all
142.81 Purpose and applicability. personnel engaged in the operation property use or wear the personal
142.84 Housekeeping. protective equipment specified by this subpart.
142.87 Guarding of deck openings.
142.90 Lockout and tagout
142.27 Eye and face protection.
AUTHORITY: 43 U.S.C 1333(d)(1), 1347(c), 1348(c), 49 CFR 1.46(z). (a) Personnel engaged in or observing welding, grinding, machining,
SOURCE: CGD 79-077, 51 FR 25059, July 10, 1986, unless otherwise chipping, handling hazardous materials, or acetylene burning or cutting
noted. shall wear the eye and face protector specified for the operation in Figure
8 of ANSI 287.1.
(b) Eye and face protectors must be maintained in good condition.
Subpart A—General (c) Each eye and face protector must be marked with the information
required by ANSI Z87.1 for that type of protector.
142.1 Purpose.
142.30 Head protection.
This part is intended to promote workplace safety and health by
(a) Personnel in areas where there is a hazard of falling objects or of
establishing requirements relating to personnel, workplace activities and
contact with electrical conductors shall wear a head protector meeting the
conditions, and equipment on the Outer Continental Shelf (OCS).
specifications of ANSI Z89.1, for the hazard involved.
(b) Each head protector must be marked with the information specified
142.4 Duties of lessees, permittees, and persons responsible for actual by ANSI Z89.1 for that type of protector and for the hazard involved.
operations.
(a) Each holder of a lease or permit under the Act shall ensure that all
142.33 Foot protection.
places of employment within the lease area or within the area covered by
(a) Personnel working in areas or engaged in activities where there is a
the permit on the OCS are maintained in compliance with workplace safety
reasonable probability for foot injury to occur shall wear footwear meeting
and health regulations of this part and, in addition, free from recognized
the specifications of ANSI Z41, except when environmental conditions
hazards.
exist that present a hazard greater than that against which the footwear is
(b) Persons responsible for actual operations, including owners,
designed to protect.
operators, contractors, and subcontractors, shall ensure that those operations
(b) Each pair of footwear must be marked with the information specified
subject to their control are conducted in compliance with workplace safety
by ANSI Z41 for the type of footwear.
and health regulations of this part and, in addition, free from recognized
[CGD 79-077, 51 FR 25059, July 10, 1986 as amended at 51 FR 28381, Aug.
7. 1986]
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M.E.T. PUBLICATION 515 — 5TH EDITION
142.36 Protective clothing. otherwise made inaccessible when not in use. The manner of blockage shall
Personnel in areas -where there are flying particles, molten metal, radiant prevent a person's foot or body from inadvertently passing through the
energy, heavy dust, or hazardous materials shall wear clothing and gloves opening.
providing protection against the hazard involved.
142.90 Lockout and tagout.
142.39 Respiratory protection. (a) While repair or other work is being performed on equipment powered
(a) Personnel in an atmosphere specified under ANSI 288-2, requiring by an external source, that equipment must be locked out as required in
the use of respiratory protection equipment shall wear the type of paragraph (b) of this section or, if a lockout provision does not exist on the
respiratory protection equipment specified in ANSI Z88.2 for that equipment, must be disconnected from the power source or otherwise
atmosphere. deactivated, unless the nature of the work being performed necessitates that
(b) Before personnel enter an atmosphere specified under ANSI Z88.2 the
requiring the use of respiratory protection equipment, the persons listed in power be connected or the equipment activated.
§142.4 shall ensure that the personnel entering the atmosphere— (b) If the equipment has a lockout or other device designed to prevent
(1) Follow the procedures stated in section 6 of ANSI Z88.2 concerning unintentional activation of the equipment, the lockout or other device must
the proper selection of a respirator and individual fit testing; and be engaged while the work is being performed on the equipment, unless the
(2) Are trained in the matters set forth in section 7 of ANSI Z88.2 nature of the work being performed necessitates that the equipment be
concerning proper use of the equipment to be used and in the generally activated.
recognized short and long term harmful effects of exposure to the (c) A tag must be placed at the point where the equipment connects to
atmosphere involved. a power source and at the location of the control panel activating the
(c) All respiratory protection equipment must be approved, used, and power, warning—
maintained in accordance with ANSI Z88-2. (1) That equipment is being worked on; and
[CGD 79-077, 51 FR 25059, July 10, 1986, as amended at 51 FR 28381, Aug. 7. (2) If the power source is disconnected or the equipment deactivated, that
1986] the power source must not be connected or the equipment activated.
(d) The tags must not be removed without the permission of either the
142.42 Safety belts and lifelines. person who placed the tags, that person's immediate supervisor, or their
(a) Except when moving from one location to another, personnel engaged respective reliefs.
in an activity where there is a hazard of falling 10 or more feet shall [CGD 79-077, 51 FR 25059, July 10, 1986; 51 FR 28382, Aug. 7, 1986]
wear a safety belt or harness secured by a lanyard to a lifeline, drop line,
or fixed anchorage.
(b) Each safety belt, harness, lanyard, lifeline, and drop line must meet
the specifications of ANSI A10.14.
142.84 Housekeeping.
All staging, platforms, and other working surfaces and all ramps,
stairways, and other walkways must be kept clear of portable tools,
materials, and equipment not in use and be promptly cleared of substances
which create a tripping or slipping hazard. When engaged in an activity on
the drill floor in which the spillage of drilling fluid is inevitable, such as
when pulling wet strings of drill pipe, footwear and flooring designed to
reduce slipping substantially may be used instead of keeping the drill floor
free of drilling fluid during the activity.
[CGD 79-077, 51 FR 28381, Aug. 7, 1986]
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part."
143.207 Requirements for foreign MODUs.
However, we reprinted only those subparts and sections of concern to foreign
Each mobile offshore drilling unit that is documented under the laws of
vessels. If you need additional information listed in this Table of Contents that does
a foreign nation must, when engaged in OCS activities, comply with one
not appear in the pages that follow, please write or fax us. We will be glad to furnish
of the following-
this information for a small service charge.]
(a) The design and equipment standards of 46 CFR part 108
(b) The design and equipment standards of the documenting nation if the
TABLE OF CONTENTS standards provide a level of safety generally equivalent to or greater than
that provided under 46 CFR part 108
Subpart A—General (c) The design and equipment standards for mobile offshore drilling units
143.1 Purpose. contained in the International Maritime Organization (IMO, formerly Inter
143.15 Lights and warning devices. Governmental Maritime Consultative Organization or IMCO) (IMO) Code
for Construction and Equipment of Mobile Offshore Drilling Units (IMO
Subpart B—OCS Facilities Assembly Resolution A.414(XI)) which has been incorporated by
143.100 Applicability reference.
143.101 Means of escape.
143.105 Personnel landings 143.210 Letter of compliance.
143.110 Guards and rails. (a) The Officer in Charge, Marine Inspection, determines whether a
143.120 Floating OCS facilities mobile offshore drilling unit which does not hold a valid Coast Guard
Certificate of Inspection meets the requirements of §§143.205 or 143.207
Subpart C—Mobile Offshore Drilling Units relating to design and equipment standards and issues a letter of compliance
143.200 Applicability for each unit which meets the requirements. Inspection of the unit may be
143.201 Existing MODUs exempted from new design requirements. required as part of this determination.
143.205 Requirements for U.S. and undocumented MODUs (b) A letter of compliance issued under paragraph (a) of this section is
143.207 Requirements for foreign MODUs. valid for one year or until the MODU departs the OCS for foreign
143.210 Letter of compliance. operations, whichever comes first
(c) The owner or operator of a foreign mobile offshore drilling unit
Subpart D—Vessels requiring a letter of compliance examination must pay the prescribed
143.300 Applicability. in 46 CFR 2.10-130.
143.301 Load line requirements. [CGD 84-098a, 53 FR 18981, May 26, 1988, as amended by CGD 81-030, 60
FR 13563, Mar. 13, 1995]
Subpart E—Standby Vessels
143.400 Applicability. Subpart D—Vessels
143.401 Vessel certification and operation.
143.405 Equipment
143.407 Manning 143.300 Applicability.
This subpart applies to all vessels engaged in OCS activities except
AUTHORITY 43 U.S.C. 1333(d)(1), 1348(c), 1356,49 CFR 1.46; section mobile offshore drilling units.
143.210 is also issued under 14 U.S.C. 664 and 31 U.S.C 9701.
SOURCE CGD 78-160, 47 FR 9382, Mar. 4, 1982, unless otherwise 143.301 Load line requirements.
noted. (a) Vessels, including foreign vessels, which would be subject to the
requirements of subchapter E of 46 CFR chapter I concerning load lines
when arriving at or proceeding to sea from any port or place within the
Subpart C—Mobile Offshore Drilling Units United States must comply with those requirements when engaged in
activities on the OCS.
(b) Load line certificates and load line exemption certificates issued or
143.200 Applicability.
This subpart applies to mobile offshore drilling units when engaged in accepted under subchapter E of 46 CFR chapter I are accepted as evidence
OCS activities. of compliance with paragraph (a) of this section.
145.01 Portable and semi-portable fire extinguishers Table 145.05(c)—Portable and Semiportable Extinguishers
145.05 Classification of fire extinguishers
145.10 Locations and number of fire extinguishers required Classification Soda- Foam, Carbon Dry
acid gallons dioxide, chemical
AUTHORITY Sec 633, 63 Stat. 545, sec 4, 67 Stat. 462,14 U.S.C 633, and pounds pounds
Type Size
43 U.S.C. 1333 water,
A II 2½ 2½
B II 2½ 15 10
145.01 Portable and semi-portable fire extinguishers.
C II 15 10
On all manned platforms and on all unmanned platforms where crews are
B V 40 100 50
continuously working on a 24-hour basis, approved type portable fire
extinguishers and/or approved type semi-portable fire extinguishers shall be
installed and maintained On all unmanned platforms where crews are not (d) All portable and semi-portable extinguishers shall have permanently
continuously working on a 24-hour basis, approved type portable fire attached thereto a durable name plate giving the name of the item, the rated
extinguishers and/or approved type semi-portable fire extinguishers are capacity in gallons or pounds, the name and address of the person or firm
required to be installed and maintained only when crews are working for whom approved, and the identifying mark of the actual manufacturer
thereon. [CGFR 56-4, 21 FR 903, Feb. 9, 1956, as amended by CGFR 58-28, 23 FR 6880,
[CGFR 56-4, 21 FR 903, Feb. 9, 1956] Sept. 6, 1958]
145.05 Classification of fire extinguishers. 145.10 Locations and number of fire extinguishers required.
(a) Portable and semi-portable extinguishers shall be classified by a (a) Approved portable and semi-portable extinguishers shall be installed
combination letter and number symbol The letter indicating the type of fire in accordance with Table 145.10(a)
which the unit could be expected to extinguish, and the number indicating (b) Semi-portable extinguishers shall be located in the open so as to be
the relative size of the unit readily seen
Table 145.10(a) - Portable and Semi-Portable Extinguishers
Space Classification Quantity and location
SAFETY AREAS
Communicating corridors A-II 1 in each main corridor not more than ISO feet apart (May be
in stairways)
Radio room C-II I in vicinity of exit.
ACCOMMODATIONS
Steeping accommodations A-II 1 in each sleeping accommodation space (Where occupied by
than 4 persons.)
SERVICES SPACES
Galleys B-II or C-II 1 for each 2,500 square feet or fraction thereof for hazards
Storerooms A-II 1 for each 2,500 square feet or fraction thereof located in
exits, either inside or outside of spaces.
MACHINERY SPACES
Gas-fired boilers B-II (CO2 or dry chemical) 2 required
Gas-fired boilers B-V 1 required1
Oil-filed boilers B-II 2 required
Oil-fired boilers B-V 2 required1
Internal combustion or gas turbine engines B-II 1 for each engine2
Electric motors or generators of open type C-II 1 for each 2 motors or generators3
1
Not required where a fixed carbon dioxide system is installed
2
When installation is on weather deck or open to atmosphere at all tunes 1 B - II for each three engines is allowable
3
Small electrical appliances, such as fans, etc, shall not be counted or used as basis for determining number of extinguishers required
[CGFR 56-4, 21 FR 903, Feb 9, 1956]
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M.E.T. PUBLICATION 515 — 5TH EDITION
147.1102 Platform GRACE safety zone 147.1108 Platform EDITH safety zone.
(a) Description: The area within a line 500 meters from each point on (a) Description: The area within a line 500 meters from each point on
the structure's outer edge. The position of the center of the structure is 34°- the structure's outer edge. The position of the center of the structure is 33°-
10'-47"N, 119°-28'-05"W. 35'-45"N. 118°-08'-27"W.
(b) Regulations: No vessel may enter or remain in this safety zone (b) Regulations: No vessel may enter or remain in this safety zone
except the following: (1) An attending vessel, (2) a vessel under 100 feet except for the following: (1) An attending vessel, (2) a vessel under 100
in length overall not engaged in towing, or (3) a vessel authorized by the feet in length overall not engaged in towing, or (3) a vessel authorized by
Commander, Eleventh Coast Guard District. the Commander, Eleventh Coast Guard District
[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983] [CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983]
147.1103 Platform GINA safety zone. 147.1109 Platform HERMOSA safety zone.
(a) Description: The area within a line 500 meters from each point on (a) Description: The area within a line 500 meters from each point on
the structure's outer edge. The position of the center of the structure is 34°- the structure's outer edge. The position of the center of the structure is 34-
07'-02"N, 119°-16'-35"W. 27-19 N, 120-38-47 W.
(b) Regulations: No vessel may enter or remain in this safety zone (b) Regulations: No vessel may enter or remain in this safety zone
except the following: (1) An attending vessel, (2) a vessel under 100 feet in except the following: (1) An attending vessel, (2) a vessel under 100 feet in
length overall not engaged in towing, or (3) a vessel authorized by the length overall not engaged in towing or (3) a vessel authorized by the
Commander, Eleventh Coast Guard District. Commander, Eleventh Coast Guard District
[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983] [CGD 11-84-01, 49 FR 33015, Aug. 20, 1984]
147.1104 Platform ELLEN & ELLY safety zone. 147.1110 Platform HARVEST safety zone.
(a) Description: The areas within a line 500 meters from each point on (a) Description: The area within a line 500 meters from each point on
the outer edge of each structure. The structures are approximately 120 the structure's outer edge. The position of the center of the structure is 34-
meters apart. The position of the center of each structure is: Platform Ellen, 28-09.5N, 120-40-46.1W.
33°-34'-57"N, 118°-07'-42"W; and Platform Elly, 33°-35'-00"N, 118°- (b) Regulations: No vessel may enter or remain in this safety zone
07'-40"W. except for the following: (1) An attending vessel, (2) a vessel under 100
(b) Regulations: No vessel may enter or remain in this safety zone feet in length overall not engaged in towing or (3) a vessel authorized by
except the following: (1) An attending vessel serving either structure, (2) a the Commander, Eleventh Coast Guard District.
vessel under 100 feet in length overall not engaged in towing, or (3) a [CGD 11-84-01, 49 FR 33015, Aug. 20, 1984]
vessel authorized by the Commander, Eleventh Coast Guard District
[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983] 147.1111 Platform EUREKA safety zone.
(a) Description: The area within a line 500 meters from each point on
147.1105 Platform HONDO safety zone. the structure's outer edge. The position of the center of the structure is 33-
(a) Description: The area within a line 500 meters from each point on 33-50N, 118-07-00W.
the structure's outer edge. The position of the center of the structure is 34°- (b) Regulations: No vessel may enter or remain in this safety zone
23'-27"N, 120°-07'-14"W. except the following: (1) An attending vessel, (2) a vessel under 100 feet
(b) Regulations: No vessel may enter or remain in this safety zone in length overall not engaged in towing or (3) a vessel authorized by the
except for the following: (1) An attending vessel, (2) a vessel under 100 Commander, Eleventh Coast Guard District.
feet in length overall not engaged in towing, or (3) a vessel authorized by [CGD 11-84-01, 49 FR 33015, Aug. 20, 1984]
the Commander, Eleventh Coast Guard District.
[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983] 147.1112 Platform HIDALGO safety zone.
(a) Description: The area within a line 500 meters from each point on
147.1106 Exxon Santa Ynez offshore storage and treatment vessel the structure's outer edge. The position of the center of the structure is 34-
mooring safety zone. 29-42N, 120-42-08W.
(a) Description: The area within a line 1108 meters for the center of the (b) Regulations: No vessel may enter or remain in this safety zone
mooring. The position of the center of the mooring is 34°-24'-19"N 120°- except the following: (1) An attending vessel, (2) a vessel under 100 feet in
06'00"-W. length overall not engaged in towing or (3) a vessel authorized by the
(b) Regulations: No vessel may enter or remain in this safety zone except Commander, Eleventh Coast Guard District
the following: (I) An attending vessel, (2) a vessel under 100 feet in [CGD 11-84-01, 49 FR 33015, Aug. 20, 1984]
length overall not engaged in towing, or (3) a vessel authorized by the
Commander, Eleventh Coast Guard District. 147.1113 Platform GAIL safety zone.
[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983] (a) Description: The area within a line 500 meters from each point on
the structure's outer edge. The position of the center of the structure is 34°-
147.1107 Platform GILDA safety zone. 07'-30"N, 119°-24'-01"W.
(a) Description: The area within a line 500 meters from each point on (b) Regulation: No vessel may enter or remain in this safety zone except
the structure's outer edge. The position of the center of the structure is 34°- the following: (I) An attending vessel, (2) a vessel under 100 feet in length
10'-56"N. 119°-25'-07"W. overall not engaged in towing, or (3) a vessel authorized by the
(b) Regulations: No vessel may enter or remain in this safety zone except Commander, Eleventh Coast Guard District.
for the following: (1) An attending vessel, (2) a vessel under 100 feet [CGD 11-87-06, 52 FR 9657, Mar. 26, 1987]
in length overall not engaged in towing, or (3) a vessel authorized by the
Commander, Eleventh Coast Guard District. 147.1114 Platform HARMONY safety zone.
[CCGD 11-79-02, 47 FR 39679, Sept. 9, 1982; 48 FR 33263, July 21, 1983] (a) Description: The area within a line 500 meters from each point on
the structure's outer edge. The position of the center of the structure is 34°-
22'-36"N, 120°-10'-03"W.
(b) Regulation: No vessel may enter or remain in this safety zone except
the following: (1) an attending vessel; (2) a vessel under 100 feet in length
overall not engaged in towing; or (3) a vessel authorized by the Commander,
Eleventh Coast Guard District.
[CGD 11-92-01, 57 FR 9055, Mar. 16, 1992]
PAGE 3
33 CFR PART 147
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M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33 150.403 Definitions.
150.405 Periodic tests and inspections: OTS components.
CODE OF FEDERAL REGULATIONS 150.407 Periodic tests and inspections: discharge containment equipment
PART 150 - OPERATIONS 150.409 Periodic tests and inspections removal material and equipment
150.411 Repair or replacement of equipment
[ MET Editorial Note: This page shows the entire Table of Contents for this "Part." 150.413 Requirements for oil transfer.
However, we reprinted only those subparts and sections of concern to foreign 150.415 Requirements for connections.
vessels. If you need additional information listed in this Table of Contents that 150.417 Declaration of inspection.
does not appear in the pages that follow, please write or fax us. We will be glad to 150.419 Stopping transfer operations
furnish this information for a small service charge.] 150.421 Displacement of oil in an SPM-OTS with water.
150.423 Limitations
TABLE OF CONTENTS 150.425 Suspension of oil transfer operations.
Subpart A—General
150.101 Applicability. Subpart E—Operations
150.103 Licensee 150.500 Applicability.
150.105 Operations Manual: General 150.503 Maintenance of equipment
150.504 Fire main system.
150.106 Operations Manual: Copies.
150.107 Operations Manual: Amendment 150.505 Fire pump.
150.109 Compliance with Operations Manual. 150.507 Firehose: Connection and stowage.
150.113 Deviations. 150.508 Lifesaving equipment
150.115 Emergency deviations. 150.509 Use of personal protection equipment
150.117 Notification to the District Commander. 150.511 Maintenance of personal protection equipment
150.119 Notification to the Commandant 150.513 Sanitation.
150.515 Refueling for aircraft.
150.121 ABS classification.
150.123 Weather monitoring. 150.516 Aircraft operations.
150.125 Water depth measurements. 150.517 Station bill.
150.127 Environmental monitoring 150.519 Emergency drills.
150.129 Response plans. 150.521 Housekeeping.
150.523 Illumination.
Subpart B—Personnel 150.525 Emergency Medical Technician.
150.201 Applicability. 150.527 First aid station.
150.203 General.
150.204 Definitions. Subpart F—Aids to Navigation at Deepwater Ports
150.205 Port Superintendent 150.601 Applicability.
150.207 Cargo Transfer Supervisor. 150.603 Applicability of other regulations.
150.209 Vessel Traffic Supervisor 150.605 Aids to navigation: power supply.
150.211 Mooring Master. 150.607 Lights.
150.213 Cargo Transfer Assistant 150.611 Fog signals.
150.215 Assistant Mooring Master.
150.217 Limitation on service.
Subpart G—Reports and Records
Subpart C—Vessel Navigation 150.701 Applicability.
150.301 Applicability. 150.703 Maintenance of ABS classification
150.303 Definitions. 150.705 Aid to navigation discrepancy.
150.305 Ships' routing measures. 150.707 Oil throughput report
150.307 Radar surveillance 150.711 Casualty or accident
150.309 Advisories to tankers 150.713 Sabotage or subversive activity.
150.311 Radio listening watch. 150.751 General.
150.313 Clearances for tankers. 150.753 Key personnel: Designations and qualifications.
150.315 Clearances for support vessels 150.755 Port inspection records.
150.317 Clearances for other vessels 150.757 Oil throughput log
150.333 Advance notice of arrival. 150.759 Declaration of inspection.
150.335 Report before entering safety zone
150.337 Navigation of tankers in the safety zone APP.A Appendix A to Part 150—Deepwater Port Safety Zone
150.338 Navigation of support vessels in the safety zone Boundaries
150.339 Navigation of other vessels in the safety zone
150.341 Mooring Master. AUTHORITY: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5), (j)(6) and (m)(2),
150.342 Assistant Mooring Master. 1509; sec 2, E 0 12777, 56 FR 54757; 49 CFR 1 46
150.345 Regulated vessel activities SOURCE: CGD 75-002, 40 FR 52572, Nov. 10, 1975, unless otherwise
noted.
Subpart D—Oil Transfer Operations
150.400 Applicability.
PAGE 2
33 CFR PART 150
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M.E.T. PUBLICATION 515 — 5TH EDITION
(4) The procedures described in the Operations Manual for: oil at a SPM.
(i) Oil transfer,
(ii) Spill prevention, containment, and cleanup; 150.305 Ships' routing measures.
(iii) Accidents and emergencies; and No licensee may operate a deepwater port unless the port has such ships'
(iv) Voice radiotelecommunications; and routing measures as prescribed or approved by the Coast Guard to provide
(c) The licensee designates that person as Cargo Transfer Assistant and for safe navigation at or near the deepwater port.
retains written evidence of that designation at the deep-water port.
150.307 Radar surveillance.
The Vessel Traffic Supervisor shall maintain radar surveillance of the
150.215 Assistant Mooring Muter.
No person may serve, and the licensee may not use the services of a safety zone whenever:
person, as an Assistant Mooring Master at a deepwater port unless: (a) A tanker is proceeding to the safety zone after submitting the report
(a) That person holds a current United States Coast Guard issued license required in §150.335; or
(b) A tanker or support vessel is underway in the safety zone; or
as:
(c) A vessel other than a tanker or support vessel is about to enter or is
(1) Master of ocean steam or motor vessels of any gross tons, endorsed
underway in the safety zone.
as radar observer, and has six months experience as master or chief mate
on tankers of 70,000 DWT or larger; or
(2) Master of ocean steam or motor vessels of limited tons, endorsed as 150.309 Advisories to tankers.
radar observer, and endorsed as first-class pilot of vessels of any gross tons (a) The Vessel Traffic Supervisor shall advise the master of each tanker
for at least one port in the area of the deepwater port; underway in the safety zone of the tanker's position by range and bearing
(b) The licensee determines that that person knows the procedures from the PPC at intervals not to exceed 10 minutes.
described in the Operations Manual for: (b) Whenever the Vessel Traffic Supervisor determines that a vessel may
(1) Vessel control; potentially interfere with the movement of a tanker in the safety zone, the
(2) Vessel responsibilities; Vessel Traffic Supervisor shall keep the master of the tanker informed of
(3) Spill prevention, containment, and cleanup; the position and estimated course and speed of the vessel as necessary to
(4) Accidents and emergencies; and assist the tanker in navigation within the safety zone.
(5) Voice radiotelecommunications; and (c) Whenever a tanker enters the safety zone, the Vessel Traffic
(c) The licensee designates that person as Assistant Mooring Master and Supervisor shall advise the tanker of the position of each other vessel
advises the Captain of the Port, in writing, of the designation. moored, anchored, or underway in the safety zone.
1
The radius of areas to be avoided around each PPC is 600 meters and around each SPM is 500 meters.
2
Not part of Port Installation.
3
Exception, 33 CFR 150.423(e).
Note: The person in charge of any vessel planning to enter a safety zone should contact the port Vessel Traffic Supervisor on Ch. 10 VHF—FM before entry and comply with that
person's instructions.
Key to regulated activities: F—Force majeure. N—Not permitted. C—Tankers calling at port and support vessel movements: Permitted when cleared by vessel traffic supervisor.
P—Vessels other than tankers or support vessels: Permitted when not in immediate area in tanker, clearance by vessel traffic supervisor required. Communications with vessel traffic
supervisor required. For transiting foreign flag vessels, the requirement for clearance to enter the safety zone is advisory in nature.
150.521 Housekeeping.
(a) The licensee shall keep walking and working areas clear of all loose
hazards that could cause tripping or stumbling.
(b) The licensee shall store portable equipment when it is not in use.
(c) The licensee shall eliminate slippery conditions on the platform as
soon as practicable.
(d) No person may suspend a portable light by its cord unless the means
of attachment of the cord to the light prevents the light from being
suspended by the electrical connections.
(e) The licensee shall keep each area near a lifeboat, inflatable life raft,
or means of escape described in §§149.421 and 149.423 of this chapter
clear of obstructions that would interfere with immediate use of the
lifeboat, life raft, or means of escape.
150.523 Illumination.
(a) The licensee shall illuminate each walking and working area.
(b) No person may enter any dark place that does not have installed
illumination unless he has a flashlight or other suitable portable light
(c) No person may use matches or open flame lights as illumination.
PAGE 1
33 CFR PART 151
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M.E.T. PUBLICATION 515 — 5TH EDITION
from Ships, 1980, as amended (33 U.S.C. 1901-1911) and Annexes I, II Marine Pollution by Dumping of Wastes and Other Matter, done at London
and V of the International Convention for the Prevention of Pollution from on 13 November 1972; or
Ships, 1973, as modified by the Protocol of 1978 relating thereto (2) Release of oil or oily mixtures directly arising from the exploration,
(MARPOL 73/78), done at London on February 17, 1978. exploitation and associated off-shore processing of sea-bed mineral
Note: MARPOL 73/78 is available from the National Technical resources.
Information Service, 5285 Port Royal Road, Springfield, VA 22161. Please Discharge, as defined by MARPOL 73/78 in relation to harmful
include reference number "ADA 168 505" in your request. substances or effluent containing such substances, means any release
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 FR however caused from a ship, and includes any escape, disposal, spilling,
18582, May 2, 1990] leaking, pumping, emitting or emptying. It does not include—
(1) Dumping within the meaning of the Convention on the Prevention of
151.03 Applicability. Marine Pollution by Dumping of Wastes and Other Matter, done at London
This subpart applies to each ship that must comply with Annex I, II or on November 13, 1972; or
V of MARPOL 73/78. (2) The release of harmful substances directly arising from the
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 exploration, exploitation, and associated offshore processing of seabed
FR 18582, May 2, 1990] mineral resources; or
(3) The release of harmful substances for purposes of legitimate
scientific research relating to pollution abatement or control.
151.04 Penalties for violation. Dishwater means the liquid residue from the manual or automatic
(a) A person who violates MARPOL 73/78, the Act, or the regulations washing of dishes and cooking utensils which have been pre-cleaned to the
of this subpart is liable for a civil penalty not to exceed $25,000 for each extent that any food particles adhering to them would not normally
violation, as provided by 33 U.S.C. 1908(b)(1). Each day of a continuing interfere with the operation of automatic dishwashers.
violation constitutes a separate violation. Domestic wastes means all types of wastes generated in the living spaces
(b) A person who makes a false, fictitious statement or fraudulent on board a ship, except victual wastes.
representation in any matter in which a statement or representation is Existing ship means a ship that is not a new ship.
required to be made to the Coast Guard under MARPOL 73/78, the Act, or Garbage means all kinds of victual, domestic, and operational waste,
the regulations of this subpart, is liable for a civil penalty not to exceed excluding fresh fish and parts thereof, generated during the normal
$5,000 for each statement or representation, as provided by 33 U.S.C. operation of the ship and liable to be disposed of continuously or
1908(b)(2). periodically, except dishwater, graywater, and those substances that are
(c) A person who knowingly violates MARPOL 73/78, the Act, or the defined or listed in other Annexes to MARPOL 73/78.
regulations of this subpart commits a class D felony, as described in 18 Graywater means drainage from dishwasher, shower, laundry, bath, and
U.S.C. 3551 et seq. In the discretion of the Court, an amount equal to not washbasin drains and does not include drainage from toilets, urinals,
more than one-half of the fine may be paid to the person giving information hospitals, and cargo spaces.
leading to conviction. Great Lakes means the Great Lakes of Norm America and the St.
(d) A ship operated in violation of MARPOL 73/78, the Act, or the Lawrence River west of a rhumb line drawn from Cap des Rosiers to West
regulations of this subpart is liable in rem for any civil penalty covered by Point, Anticosti Island, and, on the north side of Anticosti Island, the
paragraph (a) of this section, or any fine covered by paragraph (b) of this meridian of longitude 63 degrees west
section, and may be proceeded against in the United States District Court Harmful substance means any substance which, if introduced into the
of any district in which the ship may be found. sea, is liable to create hazards to human health, harm living resources and
[CGD 88-002, 54 FR 18403, Apr. 28, 1989, as amended by CGD 88-002A, 55 FR marine life, damage amenities, or interfere with other legitimate uses of the
18582, May 2, 1990; CGD 92-007, 57 FR 33261, July 27, 1992] sea, and includes any substance subject to control by MARPOL 73/78.
High viscosity Category B NLS means any Category B NLS having a
151.05 Definitions. viscosity of at least 25 mPa.s at 20° C and at least 25 mPa.s at the time it
As used in this subpart— is unloaded.
Act means the Act to Prevent Pollution from Ships, as amended (33 High viscosity Category C NLS means any Category C NLS having a
U.S.C. 1901-1911). viscosity of at least 60 mPa.s at 20° C and at least 60 mPa.s at the time it
Cargo associated -wastes means all materials which have become wastes is unloaded.
as a result of use on board a ship for cargo stowage and handling. Cargo High viscosity NLS includes Category A NLSs having a viscosity of at
associated wastes include, but are not limited to dunnage, shoring, pallets, least 25 mPa.s at 20° C and at least 25 mPa.s at the time they are unloaded,
lining and packing materials, plywood, paper, cardboard, wire, and steel high viscosity Category B NLSs, and high viscosity Category C
strapping. NLSs.
Clean ballast means the ballast in a tank which, since oil was last carried Instantaneous rate of discharge of oil content means the rate of
therein, has been so cleaned that effluent therefrom, if it were discharged discharge of oil in liters per hour at any instant divided by the speed of the
from a ship that is stationary into clean calm water on a clear day would ship in knots at the same instant
not produce visible traces of oil on the surface of the water or adjoining Length means the horizontal distance between the foremost part of a
shorelines or cause a sludge or emulsion to be deposited beneath the ship's stem to the aftermost part of its stem, excluding fittings and
surface of the water or upon adjoining shorelines. If the ballast is attachments.
discharged through an oil discharge monitoring and control system Maintenance waste means materials collected while maintaining and
approved by the government of the country under whose authority the ship operating the ship, including, but not limited to, soot, machinery deposits,
is operating, evidence based on such a system, to the effect that the oil scraped paint, deck sweepings, wiping wastes, and rags.
content of the effluent does not exceed 15 parts per million (ppm) is Major conversion means a conversion of an existing ship—
determinative that the ballast is clean. (1) That substantially alters the dimensions or carrying capacity of the
Commandant means Commandant, U.S. Coast Guard. ship; or
Discharge means any release, however caused, from a ship and includes (2) That changes the type of the ship; or
any escape, disposal, spilling, leaking, pumping, emitting or emptying. It
does not include—
(1) Dumping within the meaning of the Convention on the Prevention of
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M.E.T. PUBLICATION 515 — 5TH EDITION
(3) The intent of which, in the opinion of the government of the country Note: A Canadian or U.S. ship being operated exclusively on the Great
under whose authority the ship is operating, is substantially to prolong its Lakes of North America or their connecting and tributary waters, or
life; or exclusively on the internal waters of the United States and Canada; is not
(4) Which otherwise so alters the ship that, if it were a new ship, it an "oceangoing" ship.
would become subject to relevant provisions of MARPOL 73/78 not Oil means petroleum in any form including crude oil, fuel oil, sludge, oil
applicable to it as an existing ship. refuse, and refined products. "Oil" does not include animal or vegetable
MARPOL 73/78 means the International Convention for the Prevention based oil nor does it include noxious liquid substances designated under
of Pollution Horn Ships, 1973, as modified by the Protocol of 1978 relating Annex II of MARPOL 73/78.
thereto. Oil-like NLS means each cargo listed in §151.49.
Medical waste means isolation wastes, infectious agents, human blood Oil tanker means a ship constructed or adapted primarily to carry oil in
and blood products, pathological wastes, sharps, body parts, contaminated bulk in its cargo spaces and includes combination carriers and any
bedding, surgical wastes and potentially contaminated laboratory wastes, "chemical tanker" as defined in Annex II of MARPOL 73/78 when it is
dialysis wastes, and such additional medical items as prescribed by the carrying
Administrator of the EPA by regulation. a cargo or part cargo of oil in bulk.
Nearest land. The term "from the nearest land" means from the baseline Oily mixture means a mixture with any oil content, including bilge slops,
from which the territorial sea of the territory in question is established in oily wastes, oil residues (sludge), oily ballast water, and washings from
accordance with international law, except that, for the purposes of these cargo oil tanks.
regulations, "from the nearest land" off the north eastern coast of Australia Operational waste means all cargo associated waste, maintenance waste,
shall mean from a line drawn from a point on the coast of Australia in— cargo residues, and ashes and clinkers from shipboard incinerators and coal
latitude 11°00' South, longitude 142°08' East to a point in—latitude burning boilers
10°35' South, longitude 141°55' East, thence to a point—latitude Person means an individual, firm, public or private corporation,
10°00' South, longitude l42°00' East, thence to a point—latitude partnership, association. State, municipality, commission, political
9°10' South, longitude 143°52' East, thence to a point—latitude 9°00' subdivision of a State, or any interstate body.
South, longitude 144°30' East, thence to a point—latitude 13°00' Plastic means any garbage that is solid material, that contains as an
South, longitude 144°00' East, thence to a point—latitude l5°00' essential ingredient one or more synthetic organic high polymers, and that
South, longitude 146°00' East, thence to a point—latitude 18°00' is formed or shaped either during the manufacture of the polymer or
South, longitude 147°00' East, thence to a point—latitude 21°00' polymers or during fabrication into a finished product by heat or pressure
South, longitude 153°00' East, thence to a point on the coast of or born. "Degradable" plastics, which are composed of combinations of
Australia in latitude 24°42' South, longitude 153°15' East. degradable starches and are either (a) synthetically produced or (b)
New ship means a ship— naturally produced but harvested and adapted for use, are plastics under
(1) For which the building contract is placed after December 31, this part. Naturally produced plastics such as crabshells and other types of
1975; or shells, which appear normally in the marine environment, are not plastics
(2) In the absence of a building contract, the keel of which is laid or under this part.
which is at a similar stage of construction after June 30, 1976; or Note: Plastics possess material properties ranging from hard and brittle
(3) The delivery of which is after December 31, 1979; or to soft and elastic. Plastics are used for a variety of marine applications
(4) That has undergone a major conversion— including, but not limited to: food wrappings, products for personal
(i) For which the contract is placed after December 31, 1975; hygiene, packaging (vaporproof barriers, bottles, containers, and liners),
(ii) In the absence of a contract, the construction work of which is begun ship construction (fiberglass and laminated structures, siding, piping
after June 30, 1976; or insulation, flooring, carpets, fabrics, adhesives, and electrical and electronic
(iii) That is completed after December 31, 1979. components), disposable eating-utensils and cups (including styrene
(5) For the purposes of §§151.26 through 151.28, which is delivered on products), bags, sheeting, floats, synthetic fishing nets, monofilament
or after April 4, 1993. fishing line, strapping bands, hardhats, and synthetic ropes and lines.
NLS Certificate means an International Pollution Prevention Certificate Port means—
for the Carriage of Noxious Liquid Substances in Bulk issued under (1) A group of terminals that combines to act as a unit and be considered
MARPOL 73/78. a port for the purposes of this subpart;
Noxious liquid substance (NLS) means— (2) A port authority or other organization that chooses to be considered
(1) Each substance listed in §151.47 or §151.49; a port for the purposes of this subpart; or
(2) Each substance having an "A", "B", "C", or "D" beside it's (3) A place or facility that has been specifically designated as a port by
name in the column headed "Pollution Category" in Table 1 of 46 CFR the COTP.
Part 153; and Prewash means a tank washing operation that meets the procedure in 46
(3) Each substance that is identified as an NLS in a written permission CFR 153.1120.
issued under 46 CFR 153.900(d). Recognized Classification Society means a classification society that is
Oceangoing ship means a ship that— a participating member of the International Association of Classification
(1) Is operated under the authority of the United States and engages in Societies (IACS).
international voyages; Residues and mixtures containing NLSs (NLS residue) means—
(2) Is operated under the authority of the United States and is certificated (1) Any Category A, B, C, or D NLS cargo retained on the ship because
for ocean service; it fails to meet consignee specifications;
(3) Is operated under the authority of the United States and is certificated (2) Any part of a Category A, B, C, or D NLS cargo remaining on the
for coastwise service beyond three miles from land; ship after the NLS is discharged to the consignee, including but not limited
(4) Is operated under the authority of the United States and operates at to puddles on the tank bottom and in sumps, clingage in the tanks, and
any time seaward of the outermost boundary of the territorial sea of the substance remaining in the pipes; or
United States as defined in §2.05 of this chapter, or (3) Any material contaminated with Category A, B, C, or D NLS cargo,
(5) Is operated under the authority of a country other than the United including but not limited to bilge slops, ballast, hose drip part contents, and
States. tank wash water.
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M.E.T. PUBLICATION 515 — 5TH EDITION
Segregated ballast means the ballast water introduced into a tank that is Suez and Aqaba bounded at the south by the rhumb line between Ras si
completely separated from the cargo oil and fuel oil system and that is Ane (12°8.5' N, 43°19.6' E) and Husn Murad (12°40.4' N, 43°30.2' E).
permanently allocated to the carriage of ballast or to the carriage of ballast (5) The Gulfs areas means the sea area located northwest of the rhumb
or cargoes other than oil or noxious substances as variously defined in the line between Ras al Hadd (22°30' N, 59°48' E) and Ras of Fasteh (25°04'
Annexes of MARPOL 73/78. N, 61°25' E).
Ship means a vessel of any type whatsoever, operating in the marine (6) The Gulf of Aden areas means the part of the Gulf of Aden between
environment This includes hydrofoils, air-cushion vehicles, submersibles, the Red Sea and the Arabian Sea bounded to the west by the rhumb line
floating craft whether self-propelled or not, and fixed or floating drilling between Ras si Ane (12°28.5' N, 43°19.6' E) and Husn Murad (12°40.4'
rigs and other platforms. N, 43°30.2' E) and to the east by the rhumb line between Ras Asir (11°50'
Shipboard oil pollution emergency plan means a plan prepared, N, 51°16.9' E) and the Ras Fartak (15°35' N, 52°13.8' E).
submitted, and maintained according to the provisions of §§151.26 (7) The Antarctic areas means the sea south of 60° south latitude.
through 151.28 of this subpart for United States ships or maintained (8) The North Sea area means the North Sea proper, including seas
according to the provisions of §151.29(a) of this subpart for foreign within the North Sea southwards of latitude 62° N and eastwards of
ships operated under the authority of a country that is party to longitude 4° W; the Skagerrak, the southern limit of which is determined
MARPOL 73/78 or carried on board foreign ships operated under the east of the Skaw by latitude 57°44.8' N; and the English Channel and its
authority of a country that is not a party to MARPOL 73/78, while in approaches eastwards of longitude 5° W.
the navigable waters of the United States, as evidence of compliance (9) The Wider Caribbean region means the Gulf of Mexico and
with §151.21 of this subpart. Caribbean Sea proper, including the bays and seas therein and that
Solidifying NLS means a Category A, B, or C NLS that has a melting portion of the Atlantic Ocean within the boundary constituted by the
point— 30° N parallel from Florida eastward to 77°30' W meridian, thence a
(1) Greater than 0 °C but less than 15 °C and a temperature, measured rhumb line to the intersection of 20° N parallel and 59° W meridian,
under the procedure in 46 CFR 153.908(d), that is less than 5 °C above its thence a rhumb line to the intersection of 7°20' N parallel and 50° W
melting point at the time it is unloaded; or meridian, thence a rhumb line drawn southwesterly to the eastern
(2) 15 °C or greater and a temperature, measured under the procedure in boundary of French Guiana.
46 CFR 153.908(d), that is less than 10 °C above its melting point at the (b) Special areas for the purpose of Annex I of MARPOL 73/78
time it is unloaded. include those referenced in §151.13. Special areas for the purposes of
Special area means a sea area, where for recognized technical reasons Annex II of MARPOL 73/78 include those referenced in §151.32. Special
in relation to its oceanographical and ecological condition and to the areas for the purpose of Annex V of MARPOL 73/78 include those
particular character of the traffic, the adoption of special mandatory referenced in §151.53.
methods for the prevention of sea pollution by oil, NLSs, or garbage is [60 FR 43374, Aug. 21, 1995]
required.
Terminal means an onshore facility or an offshore structure located in the 151.07 Delegations.
navigable waters of the United Stales or subject to the jurisdiction of the Each Coast Guard official designated as a Captain of the Port (COTP)
United States and used, or intended to be used, as a port or facility for the or Officer in Charge, Marine Inspection (OCMI) or Commanding Officer,
transfer or other handling of a harmful substance. Marine Safety Office (MSO), is delegated the authority to—
Note: The Coast Guard interprets commercial fishing facilities, (a) Issue International Oil Pollution Prevention (IOPP) Certificates;
recreational boating facilities, and mineral and oil industry shorebases to be (b) Detain or deny entry to ships not in substantial compliance with
terminals for the purposes of Annex V of MARPOL 73/78, since these MARPOL 73/78 or not having an IOPP Certificate or evidence of
facilities normally provide wharfage and other services, including garbage compliance with MARPOL 73/78 on board;
handling, for ships. (c) Receive and investigate reports under §151.15; and
U.S. inspected ships means those ship required to be inspected and (d) Issue subpoenas to require the attendance of any witness and the
certificated under 46 CFR 2.01-7. production of documents and other evidence, in the course of investigations
Victual waste means any spoiled or unspoiled food waste. of potential violations of the Act to Prevent Pollution from Ships, as
[CGD 75-1243, 48 FR 45703, Oct. 6. 1983; 48 FR 54377, Dec. 8, 1983. as amended (33 U.S.C. 1901-1911), this subpart, or MARPOL 73/78.
amended by CGD 854110, 52 FR 7758, Mar. 12, 1987; CGD 88-002, 54 FR [CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55 FR
18582, May 2, 1990]
18403, Apr. 28, 1989; CGD 88-002A, 55 FR 18582, May 2, 1990; CGD 88-002, 55
FR 35988, Sept 4, 1990; CGD 88-002A, 56 FR 8880, Mar. 1, 1991; CGD 93-030,
151.08 Denial of entry.
58 FR 51338, Oct. 7, 1994; 60 FR 43374, Aug. 21, 1995] (a) Unless a ship is entering under force majeure, no oceangoing tanker
or any other oceangoing ship of 400 gross tons or more required by
151.06 Special areas. §151.10 to retain oil or oily residues and mixtures on board while at sea,
(a) For the purposes of this part, the navigational descriptions of the and no oceangoing ship carrying a Category A, B, or C NLS cargo or NLS
special areas are as follows: residue in cargo tanks that are required to be prewashed under 46 CFR Part
(1) The Mediterranean Sea area means the Mediterranean Sea proper 153, may enter any port or terminal under §158.110(a) of this chapter
including the gulfs and seas therein, with the boundary between the unless the port or terminal has a Certificate of Adequacy, as defined in
Mediterranean and the Black Sea constituted by the 41° N parallel and §158.120 of this chapter.
bounded to the west by the Straits of Gibraltar at the meridian of 5°36' W. (b) A COTP may deny the entry of a ship to a port or terminal under
(2) The Baltic Sea means the Baltic Sea proper with the Gulf of Bothnia, §158.110(b) if—
the Gulf of Finland, and the entrance to the Baltic Sea bounded by the (1) The port or terminal does not have a Certificate of Adequacy, as
parallel of the Skaw in the Skagerrak at 57°44.8' N. required in §158.135 of this chapter; or
(3) The Black Sea area means the Black Sea proper with the boundary (2) The port or terminal is not in compliance with the requirements of
between the Mediterranean Sea and the Black Sea constituted by the Subpart D of Part 158.
parallel 41° N. [CGD 88-002, 54 FR 18404, Apr. 28, 1989]
(4) The Red Sea area means the Red Sea proper including the Gulfs of
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M.E.T. PUBLICATION 515 — 5TH EDITION
(2) The oil or oily mixture is not mixed with oil cargo residues;
Oil Pollution (3) The oil content of the effluent without dilution does not exceed
SOURCE: Sections 151.09—151.25 appear by CGD 75-124a, 48 FR 15 ppm;
45709, Oct. 6, 1983, unless otherwise noted. (4) The ship has in operation oily-water separating equipment, a bilge
monitor, bilge alarm, or combination thereof as required by Part 155
151.09 Applicability. Subpart B of this chapter; and
(a) Except as provided in paragraph (b) of this section, §§151.09 through (5) The oily-water separating equipment is equipped with a 15 ppm bilge
151.25 apply to each ship that— alarm; for U.S. inspected ships, approved under 46 CFR 162.050 and for
(1) Is operated under the authority of the United States and engages in U.S. uninspected ships and foreign ships, either approved under 46 CFR
international voyages; 162.050 or listed in the current International Maritime Organization (IMO)
(2) Is operated under the authority of the United States and is certificated Marine Environment Protection Committee (MEPC) Circular summary of
for ocean service; MARPOL 73/78 approved equipment
(3) Is operated under the authority of the United States and is certificated Note: In the navigable waters of the United States, the Federal Water
for coastwise service beyond three nautical miles from land; Pollution Control Act (FWPCA), section 311(b)(3) and 40 CFR Part 110
(4) Is operated under the authority of the United States and operates at govern all discharges of oil or oily-mixtures.
any time seaward of the outermost boundary of the territorial sea of the (c) The cargo related oil residues of an oil tanker, including residues
United States as defined in §2.05-10 of this chapter; or from cargo pump room bilges and all oil residues mixed with oil cargo
(5) Is operated under the authority of a country other than the United residues shall not be discharged overboard except as provided for in Part
States while in the navigable waters of the United States, or while at a port 157 of this chapter.
or terminal under the jurisdiction of the United States. (d) When more than 12 nautical miles from the nearest land, any
(b) Sections 151.09 through 151.25 do not apply to— discharge of oil or oily mixtures into the sea from a ship other than an oil
(1) A warship, naval auxiliary, or other ship owned or operated by a tanker or from machinery space bilges of an oil tanker; that is not
country when engaged in noncommercial service; proceeding enroute; shall be in accordance with paragraphs (b)(1), (b)(2),
(2) A Canadian or U.S. ship being operated exclusively on the Great (b)(3), (b)(4), and (b)(5) of this section.
Lakes of North America or their connecting and tributary waters; (e) The provisions of paragraphs (a), (b), (c) and (d) of this section do
(3) A Canadian or U.S. ship being operated exclusively on the internal not apply to the discharge of clean or segregated ballast.
waters of the United States and Canada; or (f) The person who is in charge of an oceangoing ship that cannot
(4) Any other ship specifically excluded by MARPOL 73/78. discharge oil residues into the sea in compliance with paragraphs (a), (b),
(c) Sections 151-26 through 151-28 apply to each United States (c) or (d) of this section shall ensure that those residues are—
oceangoing ship specified in paragraphs (a)(1) through (a)(4) of this section (1) Retained on board; or
which is— (2) Discharged to a reception facility. If the reception facility is in
(1) An oil tanker of 150 gross tons and above or other ship of 400 gross a port or terminal in the United States, each person who is in charge
tons and above; or of each oceangoing tanker or any other oceangoing ship of 400 gross
(2) A fixed or floating drilling rig or other platform, when not engaged tons or more shall notify the port or terminal, at least 24 hours before
in the exploration, exploitation, or associated offshore processing of seabed entering the port or terminal, of—
mineral resources. (i) The estimated time of day the ship could discharge residues and
(d) Sections 151.26 through 151.28 do not apply to— mixtures containing oil;
(1) The ships specified in paragraph (b) of this section; (ii) The type of residues and mixtures containing oil to be discharged;
(2) Any barge or other ship which is constructed or operated in such a and
manner that no oil in any form can be carried aboard. (iii) The volume of residues and mixtures containing oil to be discharged.
Note: The term "internal waters" is defined in §2.05-20 of this chapter. Note: There are Federal, state, or local laws or regulations that could
[CGD 88-002, 54 FR 18404, Apr. 28, 1989, as amended by CGD 88-002A, 55 FR require a written description of the residues and mixtures containing oil to
18582, May 2, 1990; CGD 33-030, 59 FR 51338, Oct. 7, 1994] be discharged. For example, a residue or mixture containing oil might have
a flashpoint less than 60°C (140°F) and thus have the characteristic of
ignitability under 40 CFR 261-21, which might require a description of the
151.10 Control of discharge of oil.
waste for a manifest under 40 CFR Part 262, Subpart B. Occupational
(a) When more than 12 nautical miles from the nearest land, any
safety and health concerns may be covered, as well as environmental ones.
discharge of oil or oily mixtures into the sea from a ship other than an oil
The notice required in this section is in addition to those required by
tanker or from machinery space bilges of an oil tanker is prohibited except
other Federal, state, and local laws and regulations. Affected persons
when all of the following conditions are satisfied—
should contact the appropriate Federal, state, or local agency to determine
(1) The oil or oily mixture does not originate from cargo pump room
whether other notice and information requirements, including 40 CFR Parts
bilges;
262 and 263, apply to them.
(2) The oil or oily mixture is not mixed with oil cargo residues;
(g) No discharge into the sea shall contain chemicals or other substances
(3) The ship is not within a special area;
(4) The ship is proceeding enroute; introduced for the purpose of circumventing the conditions of discharge
(5) The oil content of the effluent without dilution is less than 100 parts specified in this regulation.
per million (ppm); and (h) This section does not apply to a fixed or floating drilling rig or other
(6) The ship has in operation oily-water separating equipment, a bilge platform that is operating under a National Pollutant Discharge Elimination
monitor, bilge alarm, or combination thereof as required by Part 155 System (NPDES) permit
Subpart B of this chapter. (i) The provisions of paragraphs (a)(6), (b)(4) and (b)(5) of this section
(b) When within 12 nautical miles of the nearest land, any discharge of do not apply to existing ships until October 2, 1986.
oil or oily mixtures into the sea from a ship other than an oil tanker or [CGD 75-124a, 48 FR 45709, Oct. 6, 1983, as amended by CGD 78-035, 50 FR
from machinery space bilges of an oil tanker is prohibited except when all 36793, Sept. 9, 1985. Redesignated CGD 88-002, 54 FR 18404, Apr. 28, 1989]
of the following conditions are satisfied—
(1) The oil or oily mixture does not originate from cargo pump room
bilges;
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M.E.T. PUBLICATION 515 — 5TH EDITION
current, sea state, and traffic density. The master must make a report in for ship-to-ship transfer of cargo. Reference may be made in the plan to
cases of collision, grounding, fire, explosion, structural failure, flooding or existing company guides. A copy of such company procedures for ship-to
cargo shifting, or an incident resulting in failure or breakdown of steering ship transfer operations must be kept in the plan. The plan must address the
gear, propulsion, electrical generating system, or essential shipborne coordination of this activity with the coastal or port state, as appropriate.
navigational aids. (5) National and Local Coordination. This section of the plan must
(ii) Information required. This section of the plan must include a contain information to assist the master in initiating action by the coastal
notification form, such as that depicted in Table 151.26(b)(3)(ii)(A) [on the State, local government, or other involved parties. This information must
following page], that contains information to be. provided in the initial and include guidance to assist the master with organizing a response to the
follow-up notifications. The initial notification should include as much of incident should a response not be organized by the shore authorities.
the information on the form as possible, and supplemental information, as Detailed information for specific areas may be included as appendices to
appropriate. However, the initial notification must not be delayed pending the plan.
collection of all information. Copies of the form must be placed at the (6) Appendices. Appendices must include the following information:
location(s) on the ship from which notification may be made. (i) Twenty-four hour contact information and alternates to the
(iii) Whom to contact. (A) This section of the plan must make reference designated contacts. These details must be routinely updated to account
to the appendices listing coastal state contacts, port contacts, and ship for personnel changes and changes in telephone, telex, and telefacsimile
interest contacts. numbers. Clear guidance must also be provided regarding the preferred
(B) For actual or probable discharges of oil, the reports must comply means of communication.
with the procedures described in MARPOL Protocol I. The reports shall be (ii) The following lists, each identified as a separate appendix:
directed to either the nearest Captain of the Port (COTP) or to the National (A) A list of agencies or officials of coastal state administrations
Response Center (NRC), toll free number 800-424-8802. responsible for receiving and processing incident reports;
(4) Steps to control a discharge. This section of the plan must contain (B) A list of agencies or officials in regularly visited ports. When this is
a discussion of procedures to address the following scenarios: not feasible, the master must obtain details concerning local reporting
(i) Operational spills: The plan must outline procedures for removal of procedures upon arrival in port; and
oil spilled and contained on deck. The plan must also provide guidance to (C) A list of all parties with a financial interest in the ship such as ship
ensure proper disposal of recovered oil and cleanup materials; and cargo owners, insurers, and salvage interests.
(A) Pipe leakage: The plan must provide specific guidance for dealing (D) A list which specifies who will be responsible for informing the
with pipe leakage; parties listed and the priority in which they must be notified.
(B) Tank overflow: The plan must include procedures for dealing with (iii) A record of annual reviews and changes.
tank overflows. It must provide alternatives such as transferring cargo or (7) Non-mandatory provisions. If this section is included by the
bunkers to empty or slack tanks, or readying pumps to transfer the excess shipowner, it should include the following types of information or any
ashore; other information that may be appropriate:
(C) Hull leakage: The plan must outline procedures for responding to (i) Diagrams;
spills due to suspected hull leakage, including guidance on measures to be (ii) Response equipment or oil spill removal organizations;
taken to reduce the head of oil in the tank involved either by internal (iii) Public affairs practices;
transfer or discharge ashore. Procedures to handle situations where it is not (iv) Recordkeeping;
(v) Plan exercising; and
possible to identify the specific tank from which leakage is occurring must
(vi) Individuals qualified to respond.
also be provided. Procedures for dealing with suspected hull fractures must (8) Index of sections. The plan must be organized as depicted in Table
be included. These procedures must take into account the effect of 151.26(b)(8).
corrective actions on hull stress and stability.
(ii) Spills resulting from casualties: Each of the casualties listed below Table 151.26(b)(8)—Index of Sections—Sample Format
must be treated in the plan as a separate section comprised of various
checklists or other means which will ensure that the master considers all Mandatory
appropriate factors when addressing the specific casualty. These checklists Section 1: Introduction
must be tailored to the specific ship. In addition to the checklists, specific Section 2: Preamble
personnel assignments for anticipated tasks must be identified. Reference Section 3: Reporting requirements
to existing fire control plans and muster lists is sufficient to identify Section 4: Steps to control a discharge
personnel responsibilities in the following situations: Section 5: National and local coordination
(A) Grounding; Section 6: Appendices
(B) Fire or explosion;
(C) Collision; Voluntary
(D) Hull failure; and Section 7: Non-mandatory provisions
(E) Excessive list [CGD 93-030, 59 FR 51338, Oct. 7, 1994]
(iii) In addition to the checklist and personnel duty assignments required
by paragraph (b)(4)(ii) of this section, the plan must include— 151.27 Plan submission and approval.
(A) Priority actions to ensure the safety of personnel and the ship, assess (a) No manned ship subject to this part may operate unless it carries on
the damage to the ship, and take appropriate further action; board a shipboard oil pollution emergency plan approved by the Coast
(B) Information for making damage stability and longitudinal strength Guard. An unmanned ship subject to this regulation must carry the
assessments, or contacting classification societies to acquire such notification list required in §151.26(b)(3) on board in the documentation
information. Nothing in this section shall be construed as creating a container; remaining sections of the plan must be maintained on file at the
requirement for damage stability plans or calculations beyond those home office. For new ships, plans must be submitted at least 90 days
required by law or regulation; and before the ship intends to begin operations. For existing ships, plans must
(C) Lightening procedures to be followed in cases of extensive structural be submitted at least 90 days prior to April 4,1995, and an approved plan
damage. The plan must contain information on procedures to be followed must be on board by April 4, 1995.
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33 CFR PART 151 196
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) An owner or operator of a ship to which this part applies shall international voyages;
prepare and submit one English language copy of the shipboard oil (2) Is operated under the authority of the United States and is certificated
pollution emergency plan to Commandant (G-MOR), U.S. Coast Guard, for ocean service;
2100 Second Street SW., Washington, DC 20593-0001. (3) Is operated under the authority of the United States and is certificated
(c) An owner or operator with multiple ships to which this part applies for coastwise service beyond three nautical miles from land;
may submit one plan for each type of ship with a separate ship-specific (4) Is operated under the authority of the United States and operates at
appendix for each vessel covered by the plan. any time seaward of the outermost boundary of the territorial sea of the
(d) Combined shipboard oil pollution emergency plans and response United States as defined in §2.05-10 of this chapter; or
plans meeting the requirements of subparts D and E of part 155 of this (5) Is operated under the authority of a country other than the United
chapter must be prepared according to §155.1030(j) of this chapter. States while in the navigable waters of the United States, or while at a port
(e) If the Coast Guard determines that the plan meets all requirements of or terminal under the jurisdiction of the United States.
this section, the Coast Guard will notify the owner or operator of the ship (b) Sections 151.30 through 151.49 do not apply to—
and return a copy of the approved plan along with an approval letter. The (1) A tank barge whose certificate is endorsed by the Coast Guard for a
approval period for a plan expires 5 years after the plan approval date. limited short protected coastwise route if the barge is constructed and
(f) If the Coast Guard determines that the plan does not meet all of the certificated primarily for service on an inland route;
requirements, the Coast Guard will notify the owner or operator of the (2) A warship, naval auxiliary, or other ship owned or operated by a
plan's deficiencies. The owner or operator must then resubmit two copies country when engaged in noncommercial service;
of the revised plan, or corrected portions of the plan, within time period (3) A Canadian or U.S. ship being operated exclusively on the Great
specified in the written notice provided by the Coast Guard. Lakes of North America or their connecting and tributary waters;
[CGD 93-030, 59 FR 51342, Oct. 7, 1994; 61 FR 33660, June 28, 1996] (4) A Canadian or U.S. ship being operated exclusively on the internal
waters of the United States and Canada; or
151.28 Plan review and revision. (5) Any other ship specifically excluded by MARPOL 73/78.
(a) An owner or operator of a ship to which this subpart applies must Note: The term "internal waters" is defined in §2.05-20 of this chapter.
review the shipboard oil pollution emergency plan annually and submit a [CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55
letter to Commandant (G-MOR) certifying that the review has been FR 18582, May 2, 1990]
completed. This review must occur within 1 month of the anniversary date
of Coast Guard approval of the plan. 151.31 Where to find requirements applying to oceangoing ships
(b) The owner or operator shall submit any plan amendments to carrying Category A, B, C, and D NLS.
Commandant (G-MOR) for information or approval. (a) The requirements for oceangoing ships carrying NLSs listed in
(c) The entire plan must be resubmitted to Commandant (G-MOR) for §§151.47 and 151.49 are in §§151.33 through 151.45.
reapproval 6 months before the end of the Coast Guard approval period (b) The requirements for oceangoing ships carrying NLSs listed in Table
identified in §151.27(e) of this subpart. 151.05 of 46 CFR part 151 and Table 1 of 46 CFR part 153, which are not
(d) A record of annual review and changes to the plan must be listed in §151.47 or §151.49, are in 46 CFR parts 98, 151, and 153.
maintained in the last appendix of section six of the plan. (c) Alternatives to the requirements in this part for oceangoing ships
(e) Except as provided in paragraph (f) of this section, revisions must carrying NLSs are in 46 CFR part 153.
receive prior approval by the Coast Guard before they can be incorporated (d) Procedures for obtaining permission to carry an NLS not listed in
into the plan. §151.47, §151.49, Table 151.05 of 46 CFR part 151, or Table 1 of 46 CFR
(f) Revisions to the seventh section of the plan and the appendices do not part 153 are in 46 CFR 153.900(c).
require approval by the Coast Guard. The Coast Guard shall be advised and
provided a copy of the revisions as they occur. 151.32 Special areas for the purpose of Annex II.
[CGD 93-030, 59 FR 51342, Oct. 7, 1994; 61 FR 33660, June 28, 1996] (a) For the purposes of §151.30 through 151.49, the special areas are the
Baltic Sea area, the Black Sea area, and the Antarctic area which are
151.29 Foreign ships. described in §151.06. Discharges into the sea of NLSs or mixtures
(a) Each oil tanker of 150 gross tons and above and each other ship of containing such substances are prohibited in the Antarctic area.
400 gross tons and above, operated under the authority of a country other (b) In accordance with paragraph (13)(a) of Regulation 5 of Annex II of
than the United States that is party to MARPOL 73/78, shall, while in the MARPOL 73/78, the discharge restrictions in §151.32 for the Baltic Sea
navigable waters of the United States or while at a port or terminal under area and the Black Sea area will enter into effect when each Party to
the jurisdiction of the United States, carry on board a shipboard oil MARPOL 73/78 whose coastline borders the special area has certified that
pollution emergency plan approved by its flag state. reception facilities are available and the IMO has established an effective
(b) Each oil tanker of 150 gross tons and above and each other ship of date for each special area. Notice of the effective date for discharge
400 gross tons and above, operated under the authority of a country that is requirements in these areas will be published in the Federal Register and
not a party to MARPOL 73/78, must comply with §151.21 of this subpart reflected in this section.
while in the navigable waters of the United States. [60 FR 43374, Aug. 21, 1995]
[CGD 93-030, 59 FR 51342, Oct. 7, 1994]
Noxious Liquid Substance Pollution 151.33 Certificates needed to carry Category C Oil-like NLS.
SOURCE: Sections 151.30—151.49 appear by CGD 85-010, 52 FR 7759, (a) A U.S. oceangoing ship may not carry a Category C oil-like NLS
Mar. 12, 1987, unless otherwise noted. listed in §151.49 in a cargo tank unless the ship has a Certificate of
Inspection endorsed to allow the NLS to be carried in that cargo tank, and
151.30 Applicability. if the ship engages in a foreign voyage—
(a) Except as provided in paragraph (b) of this section, §§ 151.30 through (1) An Attachment for NLSs to the IOPP Certificate, issued under
151.49 apply to each ship that— §151.37(a), that allows the NLS to be carried in that cargo tank; or
(1) Is operated under the authority of the United States and engages in (2) A Certificate of Fitness issued under 46 CFR part 153 that allows the
NLS to be carried in that cargo tank.
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33 CFR PART 151
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M.E.T. PUBLICATION 515 — 5TH EDITION
(3) If the cargo is a Category B or C high viscosity NLS cargo or 151.47 Category D NLSs other than oil-like Category D NLSs that
solidifying NLS cargo listed in Table 1 of 46 CFR Part 153 with a may be carried under this part.
reference to "§153.908(a)" or "§153.908(b)" in the "Special Requirements" The following is a list of Category D NLSs other than Oil-like Category
column of that table, the time of day the ship is estimated to be D NLSs that the Coast Guard allows to be carried:
ready to discharge NLS residue to a reception facility;
(4) If the cargo is any Category B or C NLS cargo not under paragraph Acetophenone
(b)(3) of this section, whether or not the ship meets the stripping Acrylonitrile-Styrene copolymer dispersion in Polyetherpolyol
requirements under 46 CFR 153.480, 153.481, or 153.482; iso- & cyclo-Alkane (C10-C11)
(5) The name and the estimated volume of NLS in the NLS residue to Alkenyl(C11+)amine
be discharged; Alkyl(C8+)amine, Alkenyl (C12+) add ester mixture
(6) The total volume of NLS residue to be discharged; and Alkyl dithiothiadiazole (C6-C24)
(7) The name and amount of any cleaning agents to be used during the Alkyl ester copolymer (C6-C18)
prewash required by 46 CFR 153.1120. Alkyl phenol sulfide (C8-C40)
(c) The master or person in charge of a U.S. ship in a special area shall Ammonium hydrogen phosphate solution
operate the ship in accordance with 46 CFR 153.903. Ammonium nitrate solution (45% or less)
Ammonium nitrate. Urea solution (2% or less NH3)
Note: The master or person in charge of a ship carrying Category A
Ammonium phosphate. Urea solution
NLS that is required to prewash tanks under the procedures in 46 CFR Part Ammonium polyphosphate solution
153.1120 is required under 46 CFR 153.1101 to notify the COTP at least Ammonium sulfate solution (20% or less)
24 hours before a prewash surveyor is needed. Amyl alcohol (iso-, n-, sec-, primary)
Animal and Fish oils, n.o.s. (see also Oil, edible)
151.45 Reporting spills of NLS: Category A, B, C, and D. Animal and Fish add oils and distillates, n.o.s.
(a) The master or person in charge of an oceangoing ship involved in Arylpolyolefin(C11-C50)
any incident described in paragraph (d) of this section, shall report the Brake fluid base mixtures
particulars of each incident without delay and to the fullest extent possible Butylene glycol
iso-Butyl formate
in accordance with the requirements of this section.
n-Butyl formate
(b) If a ship involved in an incident is abandoned, or if a report from
gamma-Butyrolactone
that ship is incomplete or unobtainable, the owner, charterer, manager, or Calcium hydroxide slurry
operator of that ship or their agents shall, to the fullest extent possible, Calcium long chain alkyl sulfonate (C11-C50)
assume the obligations placed upon the master or person in charge under Calcium long chain alkyl phenate (C8-C40)
the requirements of this section. Calcium long chain alkyl phenate sulfide (C8-C40)
(c) Each report must be made by radio or the fastest means available at Caprolactam solutions
the time the report is made to— Chlorine chloride solution
(1) The appropriate officer or agency of the government of a country in Citric add (70% or less)
whose waters the incident occurs; and Cyclohexanol
(2) For incidents involving U.S. ships, the nearest Coast Guard Captain Decahydronaphthalene
of the Port (COTP) or the National Response Center (NRC), toll free Decane
Decylbenzene (n-)
telephone number 800-424-8802, telex number 892427.
Diacetone alcohol
(d) The report must be made whenever an incident involves a discharge
Dialkyl(C10-C14) benzenes
or the probability of a discharge— Dialkyl(C7-C13) phthalates
(1) Other than as allowed by §§151.30 through 151.49; or Diethanolamine
(2) Allowed by §§151.30 through 151.49 because it— Diethylene glycol
(i) Secures the safety of the ship or saves lives at sea; or Diethylene glycol butyl ether acetate, see Poly (2-8) alkylene glycol
(ii) It results from damage to the ship or its equipment monoalkyl(C1 -C6)ether acetate
(e) Each report must contain— Diethylene glycol dibutyl ether
(1) The identity of the ship; Diethylene glycol ethyl ether, see Poly(2-8)alkylene glycol monoalkyl(Cl-
(2) The name of the NLS discharged; C6) ether
(3) The time and date of the occurrence of the incident; Diethylene glycol ethyl ether acetate, see Poly(2-8)alkylene glycol
(4) The geographic position of the ship when the incident occurred; monoalkyl(Cl -C6)ether acetate
(5) The wind and sea condition prevailing at the time of the incident; Diethylene glycol methyl ether acetate, see Poly(2-8)alkylene glycol
(6) Relevant details respecting the condition of the ship; and monoalkyl(Cl-C6)ether acetate
(7) A statement or estimate of the quantity of the NLS cargo or NLS Diethylene glycol phenyl ether
residue discharged or likely to be discharged into the sea. Diethylene glycol phthalate
(f) Each person who is obligated under the provisions of this section to Di-(2-ethylhexyl)adipate
send a report shall— Di-(2-cthylhexyl)phthalate
(1) Supplement the initial report, as necessary, with information l,4-Dihydro-9,10-dihydroxy anthracene, disodium salt solution
concerning further developments; and Diisobutyl ketone
Diisodecyl phthalate
(2) Comply as fully as possible with requests from affected countries for
Diisononyl adipate
additional information concerning the incident
Diisononyl phthalate
(g) A report made under this section satisfies the reporting requirement 2,2-Dimethylpropane-l,3-diol
of §153.203 of this chapter. Dinonyl phthalate
[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-002A, 55 Dipropylene glycol dibenzoate
FR 18582, May 2,1990] Dipropylene glycol methyl ether, see Poly(2-8)alkylene glycol
monoalkyl(C1-C6)ether
Ditridecyl phthalate
Diundecyl phthalate
PAGE 14
33 CFR PART 151
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M.E.T. PUBLICATION 515 — 5TH EDITION
Propylene glycol n-butyl ether 2-Methyl-1-pentene, see Hexene (all isomers)
Propylene glycol ethyl ether Nonane (all isomers)
Propylene glycol methyl ether Octane (all isomers)
Polyalkyl methacrylate (C1-C20) Olefin mixtures (C5-C7)
Polybutenyl succinimide Pentane (all isomers)
Polyether (molecular weight 2000+) Pentene (all isomers)
Polyethylene glycol monoalkyl ether 1-Phenyl-1-xylylethane
Polyolefin amide alkeneamine (C28+) Propylene dimer
Polyolefin amide alkeneamine borate (C28-C250) Tetrahydronaphthalene
Polyolefin amide alkeneamine polyol Toluene
Polyolefin anhydride Xylenes
Polyolefin ester (C28-C250) (b) The following Category D oil-like NLSs may be carried:
Polyolefin phenolic amine (C28-C250) Diisopropyl naphthalene
Polyolefin phosphorosulfide, barium derivative [CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54
Polypropylene glycol FR 40001, Sept. 29, 1989; 55 FR 17269; Apr. 24 1990; CGD 92-100a, 59 FR
n-Propyl acetate
16987, Apr. 11, 1994; CGD 94-901, 59 FR 45148, Aug. 31. 1994; CGD 95-901, 60
Propylene glycol monoalkyl ether
Propylene glycol ethyl ether, see Propylene glycol monoalkyl ether FR 34039, June 29, 1995]
Propylene glycol methyl ether, see Propylene glycol monoalkyl ether
Propylene glycol methyl ether acetate Garbage Pollution
Propylene glycol phenyl ether SOURCE: Sections 151.51—151.77 and Appendix A appear by CGD 88-
Sodium acetate solution 002, 54 FR 18405, Apr. 28, 1989, unless otherwise noted.
Sodium benzoate solution
151.51 Applicability.
Sodium carbonate solution
(a) Except as provided by paragraph (b) of this section, §§151.51
Soybean oil (epoxidized)
Sulfohydrocarbon (C3-C88) through 151.77 apply to—
Sulfolane (1) Each ship that is of United States registry or nationality, or one
Tallow operated under the authority of the United States, including recreational
Tallow fatty acid vessels defined in 46 U.S.C. 2101(25) and uninspected vessels defined in
Tetrasodium salt of Ethylenediaminetetraacetic acid solution 46 U.S.C. 2101(43), wherever located; and
Triethylene glycol butyl ether, see Poly(2-8)alkylene glycol monoalkyl(Cl- (2) Each ship, other than a ship referred to in paragraph (a)(1) of this
C6) ether section, while in the navigable waters or the Exclusive Economic Zone of
Triethylene glycol ethyl ether, see Poly(2-8)alkylene glycol monoalkyl(Cl- the United States.
C6) ether (b) Sections 151.51 through 151.77 do not apply to—
Triethylene glycol methyl ether, see Poly(2-8)alkylene glycol (1) A warship, naval auxiliary, or other ship owned or operated by fee
monoalkyl(Cl-C6) ether United States when engaged in noncommercial service; or
Triethyl phosphate
(2) Any other ship specifically excluded by MARPOL 73/78.
Trimethylol propane polyethoxylale
Tripropylene glycol methyl ether, see Poly(2-8)alkylcne glycol Note: The Exclusive Economic Zone extends from the baseline of the
monoalkyl(Cl-C6)ether territorial sea seaward 200 miles as defined in the Presidential Proclamation
Trisodium salt of N-(Hydroxyethyl)- ethylenediamine triacetic acid solution 5030 of March 10, 1983 (3 CFR, 1983 Comp. p. 22).
Urea, Ammonium mono- and di-hydrogen phosphate. Potassium chloride [CGD 88-002, 54 FR 18405, Apr.. 28, 1989, as amended by CGD 88-0024, 55
solution FR 18582, May 2, 1990]
Urea, Ammonium nitrate solution (2% or less NH3)
Urea, Ammonium phosphate solution 151.53 Special areas for Annex V of MARPOL 73/78.
Vegetable oils, n.o.s. (see also Oil, edible) (a) For the purposes of §151.51 through 151.77, the special areas are the
Vegetable acid oils and distillates, n.o.s. Mediterranean Sea area, the Baltic Sea area, the Black Sea area, the Red
Waxes: Sea area, the Gulf areas, the North Sea area, the Antarctic area, and the
Candelilla Wider Caribbean region, including the Gulf of Mexico and the Caribbean
Carnauba Sea which are described in § 151.06. The discharge restrictions are
Zinc alkenyl carboxamide effective
[CGD 85-010, 52 FR 7759, Mar. 12, 1987, as amended by CGD 88-100a, 54 in the Baltic Sea, the North Sea, and the Antarctic area.
FR 40000, Sept. 29, 1989; 55 FR 17269, Apr. 24 1990; CGD92-100a, 59 FR (b) In accordance with paragraph (4)(b) of Regulation 5 of Annex V of
16986, Apr. 11, 1994; CGD 94-901, 59 FR 45147, Aug. 31, 1994- CGD 95-901, 60 MARPOL 73/78, the discharge restrictions in §151.71 for special areas will
FR 34039, June 29, 1995] enter into effect when each party to MARPOL 73/78 whose coastline
borders the special area has certified that reception facilities are available
151.49 Category C and D Oil-like NLSs allowed for carriage. and the IMO has established an effective date for each special area. Notice
The following is a list of Category C and D Oil-like NLSs that the Coast of the effective dates for the discharge requirements in each special area
Guard allows to be carried: will be published in the Federal Register and reflected in this section.
(a) The following Category C oil-like NLSs may be carried: [CGD 88-002, 54 FR 18405, Apr. 28, 1989, as amended by CGD 88-002A, 55 FR
Aviation alkylates 18582, May 2, 1990; CGD 90-054, 56 FR 19578, Apr. 29, 1991, 60FR 43374, Aug.
Cycloheptane 21, 1995]
Cyclohexane
Cyclopentane 151.55 Recordkeeping requirements.
p-Cymene (a) This section applies to the following:
Ethylcyclohexane (1) Each manned oceangoing ship (other than a fixed or floating
Heptane (all isomers) platform) of 12.2 meters (approximately 40 feet) or more in length that is
Heptene (all isomers)
Hexane (all isomers)
Hexene (all isomers)
Isopropylcyclohexane
iso-Propylcyclohexane
Methyl cyclohexane
Subpart B—Transportation of Municipal and 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903) except-
Commercial Waste. (1) Solid waste identified and listed under section 3001 of the Solid
AUTHORITY: 33 U.S.C. 2602; 49 CFR 1.46. Waste Disposal Act (42 U.S.C. 6921);
SOURCE: CGD 89-014, 54 FR 22548, May 24,1989, unless otherwise (2) Waste generated by a vessel during normal operations;
noted. (3) Debris solely from construction activities;
(4) Sewage sludge subject to regulation under title I of the Marine
Protection, Research, and Sanctuaries Act of l972 (33 U.S.C. 1401 et seq.);
151.1000 Purpose. and
The purpose of this subpart is to implement the permit provisions of the (5) Dredge or fill material subject to regulation under title I of the
shore Protection Act of 1988, (33 U.S.C. 2601 et seq.). Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1401
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
151.1003 Applicability. or the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 401 et
(a) Except as provided by paragraph (b) of this section, this subpart seq.).
applies to each vessel whose purpose is the transportation of municipal or Public vessel means a vessel that—
commercial waste in coastal waters. (1) Is owned, or demise chartered, and operated by the United States
(b) This subpart does not apply to public vessels. Government or a government of a foreign country; and
(2) Is not engaged in commercial service.
151.1006 Definitions. Vessel means every description of watercraft or other artificial
As used in this subpart— contrivance used, or capable of being used, as a means of transportation on
Coastal Waters means— water.
(1) The territorial sea of the United States;
(2) The Great Lakes and their connecting waters; 151.1009 Transportation of municipal or commercial waste.
(3) The marine and estuarine waters of the United States up to the head A vessel may not transport municipal or commercial waste in coastal
of tidal influence; and waters without—
(4) The Exclusive Economic Zone as established by Presidential (a) A conditional permit to transport municipal or commercial waste
Proclamation Number 5030, dated March 10, 1983. issued under this subpart; and
Note: The Exclusive Economic Zone extends from the baseline of the (b) Displaying a number in accordance with §151.1024.
territorial sea of the United States seaward 200 miles.
[CGD 89-014, 54 FR 22548, May 24, 1989, CGD 89-014, 54 FR 24078, June 5,
Municipal and commercial waste means solid waste as defined in section
1989]
§153.107 [Reserved]
PAGE 3
209
M.E.T. PUBLICATION 515 — 5TH EDITION
153.303 Applicability. reimbursable to Federal agencies when authorized by the appropriate Coast
The provisions of this subpart apply to any owner or operator of a vessel Guard or EPA official in the case of the summary removal or destruction
or onshore or offshore facility from which a discharge of oil into coastal of a vessel, other "intervention" (as defined in §153.105(e) of this Part),
waters occurs who acts to remove or arranges for the removal of such or any other action under the authority of section 311(d) of the Act or the
discharges. Intervention on the High Seas Act (33 U.S.C. 1471 et seq.):
(1) Costs found to be reasonable by the Coast Guard incurred by
government industrial type facilities, including charges for overhead in
153.305 Methods and procedures for the removal of discharged oil.
Each person who removes or arranges for the removal of a discharge of accordance with the agency's industrial accounting system.
oil from coastal waters shall: (2) Actual costs for which an agency is required or authorized by any
(a) Use to the maximum extent possible mechanical methods and law to obtain full reimbursement
sorbents that (3) Costs found to be reasonable by the Coast Guard incurred as a result
(1) Most effectively expedite removal of the discharged oil; and of removal activity that are not ordinarily funded by an agency's regular
(2) Minimize secondary pollution from the removal operations; appropriations and that are not incurred during normal operations. These
Note: The Federal OSC is authorized by the provisions of the National costs include, but are not limited to, the following:
Contingency Plan to require or deny the use of specific mechanical (i) Travel (transportation and per diem) specifically requested of the
methods and sorbents. Sorbent selection considerations of the OSC include agency by the On-Scene Coordinator.
hydrographic and meteorological conditions, characteristics of the sorbent, (ii) Overtime for civilian personnel specifically requested of the agency
and availability of a mechanical method for containment and recovery. by the On-Scene Coordinator.
(b) Control the source of discharge, prevent further discharges, and halt (iii) Incremental operating costs for vessels, aircraft, vehicles, and
or slow the spread of the discharge by mechanical methods or sorbents or equipment incurred in connection with the removal activity.
both to the maximum extent possible; (iv) Supplies, materials, and equipment procured for the specific removal
(c) Recover the discharged oil from the water or adjoining shorelines by activity and fully expended during the removal activity.
mechanical or manual methods or both to the maximum extent possible; (v) Lease or rental of equipment for the specific removal activity.
(d) Use chemical agents only in accordance with the provisions of (vi) Contract costs for the specific removal activity.
(4) Claims payable under Part 25, Subpart H of this title.
Subpart H of the National Contingency Plan and with the prior approval of
(b) The District Commander may authorize the direct payment of the
the Federal OSC; and
costs found to be reasonable under paragraph (a)(3) of this section. Direct
(e) Dispose of recovered oil and oil contaminated materials in accordance
payment may only be made to Federal or State agencies, or to Federal
with applicable State and local government procedures.
contractors or suppliers. Direct payments to State or local agency
[CGD 73-185 41 FR 12530, Mar. 25 1976, as amended by CGD 84-067, 51 FR
contractors or suppliers will not be authorized.
17968, May 18, 1986]
(c) The Pollution Fund is not available to pay any foreign. Federal, State
or local government or agency for the payment or reimbursement of its
153.307 Penalties. costs incurred in the removal of oil or hazardous substances discharged
Section 311(j)(2) of the Act prescribes that any person who fails or from a vessel or facility that it owns or operates.
refuses to comply with the provisions of this subpart is liable to a civil Note: Federal procurement procedures governing contracts to purchase
penalty of not more than $5,000. property and services apply to costs incurred as a result of removal activity.
Where the public exigency will not permit the delay incident to advertising,
Subpart D—Administration of the Pollution Fund
purchases and contracts are negotiated pursuant to 10 U.S.C. 2304(a)(2) or
41 U.S.C. 252(c)(2), as applicable.
153.401 Purpose. [CGD 73-185, 41 FR 12630, Mar. 25, 1978, as amended by CGD 84-067, 51 FR
This subpart prescribes policies, procedures, and reporting requirements 179167, May 18, 1986]
for the payment from and deposit into the Fund established pursuant to
section 311(k) of the Act
153.411 Procedures for payment of judgments.
An owner or operator of a vessel or an onshore or offshore facility who
153.403 Applicability.
obtains a judgment against the United States under section 311 (i) of the Act
The provisions of this subpart apply to:
may have the judgment satisfied by requesting payment of the judgment in
(a) Each Federal and State agency that desires reimbursement from the
writing from the Commandant (G-L), 2100 Second Street SW.,
Fund for costs incurred during a removal activity; and
Washington, D.C. 20593. This request must be accompanied by a copy of
(b) The owner or operator of the vessel or onshore or offshore facility
the judgment and must designate to whom payment should be made.
from which a discharge occurs that requires Federal removal activity.
(OSC signature)
(Incident title)
(2) I certify that, except as noted below, the actions for which
reimbursement is being requested in the attached statements were authorized
by the as [(Phase III oil removal actions) or (hazardous substance removal
actions)], and reasonable costs related thereto are proper for payment from
the Pollution Fund. The following actions were not authorized by the and are
not subject to reimbursement from the Pollution Fund:
(OSC signature)
(Incident title)
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M.E.T. PUBLICATION 515 — 5TH EDITION
155.235 Emergency towing capability for oil tankers. with a nominal pipe size diameter of 4 inches or more, but less than 6
(a) Except as provided in paragraph (c) of this section, by January 21, inches;
1997, oil tankers of 20,000 deadweight tons (dwt) or more but less than (iv) Three barrels if it serves one or more hoses with an inside diameter
50,000 dwt must comply with the emergency towing provisions of sections of 6 inches or more, but less than 12 inches, or one or more loading arms
2.2 through 2.7 of IMO Resolution A.535(13)) on at least one end of the with a nominal pipe size diameter of 6 inches or more, but less than 12
vessel. inches; or
(b) Except as provided in paragraph (c) of this section, by January 21, (v) Four barrels if it serves one or more hoses with an inside diameter
1997, oil tankers of 50,000 dwt or more must comply with the emergency of 12 inches or more, or one or more loading arms with a nominal pipe
towing provisions of sections 23 through 2.7 of IMO Resolution A.535(13) size diameter of 12 inches or more;
on both ends of the vessel. (2) A means of draining or removing discharged oil or hazardous
(c) Oil tankers that are at least 20 years old (calculated from the keel material from each container or enclosed deck area without discharging the
laying date, as defined in 46 CFR 30.10-37) as of January 21, 1994, must oil or hazardous material into the water; and
comply with the requirements of paragraphs (a) and (b) of this section by (3) A mechanical means of closing each drain and scupper in the
January 21, 1999. container or enclosed deck area required by this section.
[CGD 90-068, 58 FR 67998, Dec. 22, 1993] (b) An offshore tank barge with a cargo capacity of 250 or more barrels
that is carrying hazardous material as cargo and an inland tank barge with
the capacity of 250 or more barrels that is carrying oil or a hazardous
155.240 Damage stability information for oil tankers and offshore oil
material as cargo must meet paragraph (a) of this section or be equipped
barges.
(a) Owners or operators of oil tankers and offshore oil barges shall with—
ensure by no later than January 21, 1995, that their vessels have (1) A coaming, at least 4 inches high but not more than 8 inches
prearranged, prompt access to computerized, shore-based damage stability high, enclosing the immediate area of the cargo hatches, loading
and residual structural strength calculation programs. manifolds, and transfer connections, that has a capacity, in all
(b) Vessel baseline strength and stability characteristics must be conditions of vessel list and trim to be encountered during the loading
preentered into such programs and be consistent with the vessel's existing operation, of at least one-half barrel per hatch, manifold, and connection
configuration. within the enclosed area;
(c) Access to the shore-based calculation program must be available 24 (2) A fixed or portable container under each loading manifold and
hours a day. each transfer connection within the coaming, that holds at least one-half
(d) At a minimum, the program must facilitate calculation of the barrel;
following: (3) A mechanical means of closing each drain and scupper within the
(i) Residual hull girder strength based on the reported extent of coaming; and
damage. (4) A means of draining or removing discharged oil or hazardous
(ii) Residual stability when the vessel's compartments are breached. material from the fixed or portable container and from within the coamings
(iii) The most favorable off-loading, ballasting, or cargo transfer without discharging the oil or hazardous material into the water.
sequences to improve residual stability, reduce hull girder stresses, and (c) By January 21, 1997, all oil tankers and offshore oil barges with a
reduce ground-force reaction. cargo capacity of 250 or more barrels must have peripheral coamings,
(iv) The bending and shear stresses caused by pinnacle loads from including port and starboard coamings and forward and aft athwartships
grounding or stranding. coamings, completely enclosing the cargo deck area, cargo hatches,
[CGD 90-068, 58 FR 67996, Dec. 22, 1993] manifolds, transfer connections, and any other openings where cargo may
overflow or leak.
(1) Coamings must be at least 4 inches high except in the aft corners.
155.245 Damage stability information for inland oil barges. (2) In the aft comers (port and starboard) of a vessel, the coamings must
(a) Owners or operators of inland oil barges shall ensure by no later than
be at least 8 inches high and extend—
January 21, 1995, that the vessel plans necessary to perform salvage, (i) Forward at least 14 feet from each comer; and
stability, and residual hull strength assessments are maintained at a (ii) Inboard at least 8 feet from each corner.
shorebased location. (3) Each area enclosed by the coaming required under this paragraph
(b) Access to the plans must be available 24 hours a day. must have—
[CGD 90-068, 59 FR 67997, Dec. 22, 1993] (i) A means of draining or removing oil from the enclosed deck area
without discharging oil into the water, and
155.310 Containment of oil and hazardous material cargo discharges. (ii) A mechanical means of closing each drain and scupper in the
(a) A tank vessel with a capacity of 250 or more barrels that is carrying enclosed deck-area.
oil or hazardous material as cargo must have— (4) For a tankship, as defined in 46 CFR 30.10-67, the coaming or other
(1) Under or around each loading manifold and each transfer connection barrier required in 46 CFR 32.56-15 may serve as the aft athwartships
point, a fixed container or enclosed deck area that, in all conditions of ship coaming if the tankship is otherwise in compliance with the requirements
list or trim encountered during the loading operation, has a capacity of at of this section.
least (d) In addition to the requirements of paragraphs (a) and (b) of this
(i) One half barrel if it serves one or more hoses with an inside diameter section, an offshore oil barge with a cargo capacity of 250 or more barrels
of 2 inches or less, or one or more loading arms with a nominal pipe size must have—
diameter of 2 inches or less; (1) A fixed or portable container that holds at least one-half barrel under
(ii) One barrel if it serves one or more hoses with an inside diameter of each oil loading manifold and each oil transfer connection within the
more than 2 inches but less than 4 inches, or one or more loading arms coaming;
with a nominal pipe size diameter of more than 2 inches but less than 4 (2) A mechanical means of closing each drain and scupper within the
inches, coaming; and
(iii) Two barrels if it serves one or more hoses with an inside diameter (3) A means of draining or removing discharged oil from the fixed or
of 4 inches or more, but less than 6 inches, or one or more loading arms
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M.E.T. PUBLICATION 515 — 5TH EDITION
155.400 Platform machinery space drainage on oceangoing fixed and (1) Outside diameter=215 millimeters (mm).
floating drilling rigs and other platforms. (2) Inner diameter=according to pipe outside diameter.
(a) No person may operate an oceangoing fixed or floating drilling rig (3) Bolt circle diameter=183 mm.
(4) Slots in flange=6 holes 22 mm in diameter equidistantly placed on
or other platform unless it either—
a bolt circle of the above diameter, slotted to the flange periphery. The slot
(1) Complies with the oily-water separating equipment requirements of
width to be 22 mm.
a valid National Pollutant Discharge Elimination System (NPDES) permit
(5) Flange thickness=20 mm.
issued in accordance with section 402 of the Clean Water Act and 40 CFR
(6) Bolts and nuts, quantify and number=6 each of 20 mm in diameter
Chapter I;
and of suitable length.
(2) Complies with the oily-water separating equipment requirements for
(b) A portable adapter that meets the specifications of paragraph (a)
oceangoing ships of 400 gross tons and above as set forth in either
of this section and that fits the discharge shore connection, for the
§155.360 or §155.370; or
discharge of oily wastes from machinery space bilges may be substituted
(3) Is not equipped with an installed bilge pumping system for
for the standard discharge connection requirement of paragraph (a)
discharge of oily mixtures from platform machinery spaces into the sea
of this section.
and has the capacity to retain on board all of these oily mixtures and
(c) The flange must be designed to accept pipes up to a maximum
is equipped to discharge these mixtures for transport to a reception
internal diameter of 125 mm and shall be of steel or other equivalent
facility.
material having a flat face. This flange, together with a gasket of oil proof
(b) When an oceangoing fixed or floating drilling rig or other platform
material, must be suitable for a service pressure of 6 kilograms/square
is in a special area, is not proceeding en route, or is within 12 nautical
centimeters (kg/cm2).
miles of the nearest land; it must either—
(1) Have the capacity to retain on board all machinery space oily
mixtures from platform machinery space drainage and be equipped to 155.440 Segregation of fuel oil and water ballast on new oceangoing
discharge these mixtures for transport to a reception facility; or ships of 4,000 gross tons and above other than oil tankers, and on new
(2) Discharge in accordance with 151.10(b)(3), (b)(4), and (b)(5) of oceangoing oil tankers of 150 gross tons and above.
this chapter, provided the drilling rig or platform is not within a (a) Except as provided for in paragraph (b) of this section, in new
special area. oceangoing ships of 4,000 gross tons and above other than oil tankers, and
(c) Paragraph (b) of this section does not apply to a fixed or floating in new oceangoing oil tankers of 150 gross tons and above, ballast water
drilling rig or other platform that is operating under an NPDES permit must not be carried in any fuel oil tank.
(d) Paragraph (a) of this section does not apply to an existing fixed or (b) Where abnormal conditions or the need to carry large quantities of
floating drilling rig or other platform until October 2, 1986. fuel oil render it necessary to carry ballast water that is not a clean ballast
[CGD 75-124a, 48 FR 45715, Oct. 6, 1983, as amended by CGD 88-002, 54 FR in any fuel oil tank, that ballast water must be discharged to reception
18407, Apr. 28, 1989; 60 FR 43374; Aug. 21, 1995] facilities or into the sea in compliance with Part 151 of this chapter using
the equipment specified in §155.370, and an entry shall be made in the Oil
Record Book to this effect
155.420 Pumping, piping and discharge requirements for oceangoing
(Approved by the Office of Management and Budget under control
snips of 100 gross tons and above but less than 400 gross tons.
number 2115-0025)
(a) No person may operate an oceangoing ship of 100 gross tons and
above but less than 400 gross tons that is fitted with main or auxiliary
machinery spaces unless: 155.450 Placard.
(1) The ship has at least one pump installed to discharge oily mixtures (a) A ship, except a ship of less than 26 feet in length, must have a
through a fixed piping system to a reception facility; placard of at least 5 by 8 inches, made of durable material fixed in a
(2) The piping system required by this section has at least one outlet conspicuous place in each machinery space, or at the bilge and ballast
accessible from the weather deck; pump control station, stating the following:
(3) The outlet required by this section has a shore connection that Discharge of Oil Prohibited
meets the specifications in §155.430, or the ship has at least one The Federal Water Pollution Control Act prohibits the discharge of
adapter that meets the specifications in §155.430 and fits the required oil or oily waste into or upon the navigable waters of the United
outlets; States, or the waters of the contiguous zone, or which may affect
(4) The ship has a means on the weather deck near the discharge outlet natural resources belonging to, appertaining to, or under the exclusive
to stop each pump that is used to discharge oily wastes; and management authority of the United Slates, if such discharge causes
(5) The ship has a stop valve installed for each outlet required by this a film or discoloration of the surface of the water or causes a sludge
section. or emulsion beneath the surface of the water. Violators are subject to
(b) Paragraph (a) of this section does not apply to a ship that has substantial civil penalties and/or criminal sanctions including fines and
approved oily-water separating equipment for the processing of oily bilge imprisonment.
slops or oily fuel oil tank ballast.
(c) This section does not apply to a fixed or floating drilling rig or other (b) Existing stocks of placards may be used for the life of the placard.
platform. (c) The placard required by paragraph (a) or (b) of this section must be
printed in the language or languages understood by the crew.
155.430 Standard discharge connections for oceangoing ships of 400 [CGD 75-124a, 48 FR 45715, Oct. 8, 1903, as amended by CGD 93-054, 59 FR
gross tons and above. 6228,2, Nov. 28, 1993]
(a) An oceangoing ship of 400 gross tons and above must be fitted
with a standard discharge shore connection, for the discharge to reception 155.470 Prohibited spaces.
facilities, of oily wastes from machinery space bilges or fuel (a) In a ship of 400 gross tons and above, for which the building contract
oil tank ballast water. The discharge connection must be of the is placed after January 1,1982 or, in the absence of a building contract, the
following dimensions:
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M.E.T. PUBLICATION 515 — 5TH EDITION
(c) The means to stop the flow must be operable from the cargo deck, shall maintain surveillance of that vessel by using a person who is
cargo control room, or the usual operating station of the person in charge responsible for the security of the vessel and for keeping unauthorized
of the transfer operation. persons off the vessel.
[CGD 85-034, 55 FR 36255, Sept 4, 1990] [CGD 75-124; 45 FR 7175, Jan. 31, 1980]
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M.E.T. PUBLICATION 515 — 5TH EDITION
Maximum extent practicable means the planned capability to respond to (3) Group IV-specific gravity equal to or greater than .95 and less than
a worst case discharge in adverse weather, as contained in a response plan or equal to 1.0.
that meets the criteria in this subpart or in a specific plan approved by the (4) Group V-specific gravity greater than 1.0.
Coast Guard. Petroleum oil means petroleum in any form including crude oil, fuel oil,
Maximum most probable discharge means a discharge of— mineral oil, sludge, oil refuse, and refined products.
(1) 2,500 barrels of oil for vessels with an oil cargo capacity equal to or Qualified individual and alternate qualified individual means a
greater than 25,000 barrels; or shorebased representative of a vessel owner or operator who meets the
(2) 10% of the vessel's oil cargo capacity for vessels with a capacity of requirements of 33 CFR 155.1026.
less than 25,000 barrels. Response activity means the containment and removal of oil from the
Nearshore area means the area extending seaward 12 miles from the water and shorelines, the temporary storage and disposal of recovered oil,
boundary lines defined in 46 CFR part 7, except in the Gulf of Mexico. In or the taking of other actions as necessary to minimize or mitigate damage
the Gulf of Mexico, a nearshore area is one extending seaward 12 miles to public health or welfare or the environment
from the line of demarcation (COLREG lines) as defined in §§80.740 Response resources means the personnel, equipment, supplies, and other
through 80.850 of this chapter. capability necessary to perform the response activities identified in a
Non-persistent or Group I oil means a petroleum-based oil that, at the response plan.
time of shipment, consists of hydrocarbon fractions— Rivers and canals mean bodies of water confined within the inland
(1) At least 50% of which by volume, distill at a temperature of 340 area, including the Intracoastal Waterways and other waterways artificially
degrees C (645 degrees F); and created for navigation, that have a project depth of 12 feet or
(2) At least 95% of which by volume, distill at a temperature of 370 less.
degrees C (700 degrees F). Secondary Cargo (see Vessels Carrying Oil as a Secondary Cargo)
Non-petroleum oil means oil of any kind that is not petroleum-based. It Specific gravity means the ratio of the mass of a given volume of liquid
includes, but is not limited to, animal fats and vegetable oils. at 15 degrees C (60 degrees F) to the mass of an equal volume of pure
Ocean means the open ocean, offshore area, and nearshore area as water at the same temperature.
defined in this subpart. Spill management team means the personnel identified to staff the
Offshore area means the area up to 38 nautical miles seaward of the organizational structure identified in a response plan to manage response
outer boundary of the nearshore area. plan implementation.
Oilfield waste means non-pumpable drilling fluids with possible trace Substantial threat of such a discharge means any incident involving a
amounts of metal and oil. vessel that may create a significant risk of discharge of cargo oil. Such
Oil spill removal organization means an entity that provides response incidents include, but are not limited to, groundings, strandings, collisions,
resources. hull damage, fire, explosion, loss of propulsion, flooding, on-deck spills,
On-scene coordinator or OSC means the Federal official predesignated or other similar occurrences.
by the Coast Guard or Environmental Protection Agency to coordinate and Tanker means a self-propelled tank vessel constructed or adapted
direct Federal removal efforts at the scene of an oil or hazardous substance primarily to carry oil or hazardous material in bulk in the cargo spaces.
discharge as prescribed in the National Oil and Hazardous Substances Tier means the combination of required response resources and the times
Pollution Contingency Plan (National Contingency Plan) as published in 40 within which the resources must arrive on scene. Appendix B of this part,
CFR part 300. especially Tables 5 and 6, provide specific guidance on calculating the
Open ocean means the area from 38 nautical miles seaward of the outer response resources required by each tier. Sections 155.1050(g), 155.1135,
boundary of the nearshore area, to the seaward boundary of the exclusive 155.1230(d), and 155.2230(d) set forth the required times within which the
economic zone. response resources must arrive on scene. Tiers are applied in three
Operating in compliance with the plan means operating in compliance categories:
with the provisions of this subpart, including ensuring the availability of (1) Higher volume port areas;
the response resources by contract or other approved means and conducting (2) The Great Lakes; and
the necessary training and exercises. (3) All other operating environments, including rivers and canals, inland,
Operator means person who is an owner, a demise charterer, or other nearshore, and offshore areas.
contractor, who conducts the operation of; or who is responsible for the Vegetable of/means a non-petroleum oil or fat not specifically identified
operation of a vessel. For the purposes of this subpart only, the operator of elsewhere in this part that is derived from plant seeds, nuts, kernels or
a towing vessel is not, per se, considered the operator of a vessel being fruits.
towed. Vessel of opportunity means a vessel engaged in spill response activities
Other non-petroleum oil means an oil of any kind that is not a petroleum that is normally and substantially involved in activities other than spill
oil, an animal fat, or a vegetable oil. response and not a vessel carrying oil as a primary cargo.
Owner or vessel owner means any person holding legal or equitable title Vessels carrying, oil as a primary cargo means all vessels except
to a vessel; provided, however, that a person holding legal or equitable title dedicated response vessels carrying oil in bulk as cargo or cargo residue
to a vessel solely as security is not the owner. In a case where a Certificate that have a Certificate of Inspection issued under 46 CFR Chapter
of Documentation has been issued, the owner is the person or persons I, subchapter D.
whose name or names appear on the vessel's Certificate of Documentation Vessels carrying oil as a secondary cargo means vessels, other than
provided, however, that where a Certificate of Documentation has been vessels carrying oil as a primary cargo, carrying oil in bulk as cargo or
issued in the name of a president or secretary of an incorporated company, cargo residue pursuant to a permit issued under 46 CFR 30.01-5, 70.05-30,
such incorporated company is the owner. or 90.05-35, an International Oil Pollution Prevention (IOPP) or Noxious
Persistent oil means a petroleum-based oil that does not meet the Liquid Substance (NLS) certificate required by 33 CFR §§151.33 or
distillation criteria for a non-persistent oil. For the purposes of this subpart, 151.35; or any uninspected vessel that carries oil in bulk as cargo or cargo
persistent oils are further classified based on specific gravity as follows: residue.
(1) Group II-specific gravity of less than .85. Worst case discharge means a discharge in adverse weather conditions
(2) Group III-specific gravity equal to or greater than .85 and less than of a vessel's entire oil cargo.
.95.
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M.E.T. PUBLICATION 515 — 5TH EDITION
(4) The organizational structure that will be used to manage the response (4) Identification of the qualified individuals.
actions. This structure must include the following functional areas and must (5) Identification of the oil spill removal organizations) that are
further include information for key components within each functional area: identified and ensured available, through contract or other approved means,
(i) Command and control; and the spill management team to respond to the following spill scenarios:
(ii) Public information; (i) Average most probable discharge.
(iii) Safety; (ii) Maximum most probable discharge.
(iv) Liaison with government agencies; (iii) Worst case discharge.
(v) Spill response operations; (6) The organizations) identified to meet the requirements of paragraph
(vi) Planning; (i)(5) of this section must be capable of providing the equipment and
(vii) Logistics support; and supplies necessary to meet the requirements of §§155.1050, 155.1052,
(viii) Finance. 155.1230, and 155-2230, as appropriate, and sources of trained personnel
(5) The responsibilities of, duties of, and functional job descriptions for to continue operation of the equipment and staff the oil spill removal
each oil spill management team position within the organizational structure organizations) and spill management team identified for the first 7 days of
identified in paragraph (d)(4) of this section. the response.
(e) List of contacts. The name, location, and 24-hour contact information (7) The appendix must list the response resources and related information
for the following key individuals and organizations must be included in this required under §§155.1050, 155.1052,155.1230,155.2230, and Appendix
section of the response plan or, if more appropriate, in a geographic specific B of this part, as appropriate.
appendix and referenced in this section of the response plan: (8) If an oil spill removal organizations) has been evaluated by the
(1) Vessel owner or operator. Coast Guard and their capability has been determined to equal or exceed
(2) Qualified individual and alternate qualified individual for the vessel's the response capability needed by the vessel, the appendix may identify
area of operation. only the organization and their applicable classification and not the
(3) Applicable insurance representatives or surveyors for the vessel's area information required in paragraph (i)(7) of this section.
of operation. (9) The appendix must also separately list the companies identified to
(4) The vessel's local agent(s) for the vessel's area of operation. provide the salvage, vessel firefighting, lightering, and if applicable,
(5) Person(s) within the oil spill removal organization to notify for
dispersant capabilities required in this subpart.
activation of that oil spill removal organization for the three spill scenarios
(j) Appendices for vessel-specific information. This section must include
identified in paragraph (i)(5) of this section for the vessel's area of
for each vessel covered by the plan the following information:
operation.
(1) List of the vessel's principal characteristics.
(6) Person(s) within the identified response organization to notify for (2) Capacities of all cargo, fuel, lube oil, ballast, and fresh water tanks.
activating that organization to provide: (3) The total volume and cargo groups of oil cargo that would be
(i) The required emergency lightering required by §155.1050(1), involved in the—
§155.1052(g), §155.1230(g), or §155.2230(g), as applicable to the type of (i) Maximum most probable discharge; and
service of the vessel; and (ii) Worst case discharge.
(ii) The required salvage and firefighting required by §155.I050(k), (4) Diagrams showing location of all tanks.
§155.1052(e), §155.1230(e), and §155.2230(e), as applicable to the type of (5) General arrangement plan (can be maintained separately aboard the
service of the vessel. vessel providing the response plan identifies the location).
(7) Person(s) to notify for activation of the spill management team for (6) Midships section plan (can be maintained separately aboard the vessel
the spill response scenarios identified in paragraph (i)(5) of this section for providing the response plan identifies the location).
the vessel's area of operation. (7) Cargo and fuel piping diagrams and pumping plan, as applicable (can
(f) Training procedures. This section of the response plan must address be maintained separately aboard the vessel providing the response plan
the training procedures and programs of the vessel owner or operator to identifies the location).
meet the requirements in §155.1055. (8) Damage stability data (can be maintained separately providing the
(g) Exercise procedures. This section of the response plan must address response plan identifies the location).
the exercise program to be carried out by the vessel owner or operator to (9) Location of cargo and fuel stowage plan for vessel (normally
meet the requirements in §155.1060. maintained separately aboard the vessel).
(h) Plan review, update, revision, amendment, and appeal procedure. (10) Location of information on the name, description, physical and
This section of the response plan must address— chemical characteristics, health and safety hazards, and spill and
(1) The procedures to be followed by the vessel owner or operator to firefighting procedures for the oil cargo aboard the vessel. A material safety
meet the requirements of §155.1070; and data sheet meeting the requirements of 29 CFR 1910.1200, cargo
(2) The procedures to be followed, for any post-discharge review of the information required by 33 CFR 154310, or equivalent will meet this
plan to evaluate and validate its effectiveness. requirement. This information can be maintained separately.
(i) Geographic-specific appendices/or each COTP zone in which a vessel [CGD 91-034; 61 FR 1081, Jan. 12, 1998, as amended by CGD 96-026, 61 FR
operates. A geographic-specific appendix must be included for each 33666, June 28, 1996]
COTP zone identified. The appendices must include the following
information or identify the location of such information within the plan:
155.1040 Response plan requirements for unmanned tank barges
(1) A list of the geographic areas (port areas, rivers and canals. Great
carrying oil as a primary cargo.
Lakes, inland, nearshore, offshore, and open ocean areas) in which the
(a) General information and introduction. This section of the response
vessel intends to handle, store, or transport oil within the applicable COTP
plan must include—
zone.
(1) A list of tank barges covered by the plan, which must include the
(2) The volume and group of oil on which the required level of response
country of registry, call sign, IMO international numbers (if applicable),
resources are calculated.
and official numbers of the listed tank barges;
(3) Required Federal or State notifications applicable to the geographic
(2) The name, address, and procedures for contacting the barge's owner
areas in which a vessel operates.
or operator on a 24-hour basis;
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M.E.T. PUBLICATION 515 — 5TH EDITION
(e) Nothing in this section relieves the vessel owner or operator from the exercise program, including the types of exercises, frequencies, scopes,
responsibility to ensure that all private shore-based response personnel are objectives, and the scheme for exercising the entire response plan every 3
trained to meet the Occupational Safety and Health Administration years.
(OSHA) standards for emergency response operations in 29 CFR 1910.120. (h) Compliance with the National Preparedness for Response Exercise
(f) A training plan may be prepared in accordance with Training Program (PREP) Guidelines will satisfy the vessel response plan exercise
Elements for Oil Spill Response to satisfy the requirements of this section. requirements. These guidelines are available from the United States
Government Printing Office, North Capitol and H. Sts., NW., Washington,
155.1060 Exercises. DC 20402.
(a) A vessel owner or operator required by §§155.1035 and 155.1040 to
have a response plan shall conduct exercise as necessary to ensure that the 155.1062 Inspection and maintenance of response resources.
plan will function in an emergency. Both announced and unannounced (a) The owner or operator of a vessel required to submit a response plan
exercises must be included. The following are the minimum exercise under this part must ensure that—
requirements for vessels covered by this subpart (1) Containment booms, skimmers, vessels, and other major equipment
(1) Qualified individual notification exercises, which must be conducted listed or referenced in the plan are periodically inspected and maintained
quarterly; in good operating condition, in accordance with manufacturer's
(2) Emergency procedures exercises, which must be conducted quarterly; recommendations and best commercial practices; and
(3) Shore-based spill management team tabletop exercises, which must (2) All inspections and maintenance are documented and that these
be conducted annually. In a triennial period, at least one of these exercises records are maintained for 3 years.
must include a worst case discharge scenario; (b) For equipment which must be inspected and maintained under this
(4) Oil spill removal organization equipment deployment exercises, section the Coast Guard may—
which must be conducted annually; and (1) Verify that the equipment inventories exist as represented;
(5) An exercise of the entire response plan, which must be conducted (2) Verify the existence of records required under this section;
every 3 years. The vessel owner or operator shall design the exercise (3) Verify that the records of inspection and maintenance reflect the
program so that all components of the response plan are exercised at least actual condition of any equipment listed or referenced; and
once every 3 years. All of the components do not have to be exercised at (4) Inspect and require operational tests of equipment
one time; they may be exercised over the 3-year period through the (c) This section does not apply to containment booms, skimmers, vessels,
required exercises or through an area exercise. and other major equipment listed or referenced in the plan and ensured
(b) Annually, at least one of the exercises listed in §155.1060(a)(2) and available through the written consent of an oil spill removal organization, as
(4) must be unannounced. An unannounced exercise is one in which the described in the definition of "contract or other approved means" at
personnel participating in the exercise have not been advised in advance of §155.1020.
the exact date, time, and scenario of the exercise.
(c) A vessel owner or operator shall participate in unannounced 155.1065 Procedures for plan submission, approval, requests for
exercises, as directed by the Coast Guard COTP. The objectives of the acceptance of alternative planning criteria, and appeal.
unannounced exercises will be to evaluate notifications and equipment (a) An owner or operator of a vessel to which this subpart applies shall
deployment for responses to average most probable discharge spill submit one complete English language copy of a vessel response plan to
scenarios outlined in vessel response plans. The unannounced exercises Commandant (G-MOR), Coast Guard, 2100 Second Street SW.,
will be limited to four per area per year, an area being that geographic area Washington, DC 20593-0001. The plan must be submitted at least 60 days
for which a separate and distinct Area Contingency Plan has been prepared, before the vessel intends to handle, store, transport, transfer, or lighter oil in
as described in the Oil Pollution Act of 1990. After participating in an areas subject to the jurisdiction of the United States.
unannounced exercise directed by a COTP, the owner or operator will not (b) The owner or operator shall include a statement certifying that the
be required to participate in another unannounced exercise for at least 3 plan meets the applicable requirements of subparts D, E, F, and G of this
years from the date of the exercise. part and shall include a statement indicating whether the vessel(s) covered
(d) A vessel owner or operator shall participate in area exercises as by the plan are manned vessels carrying oil as a primary cargo, unmanned
directed by the applicable on-scene coordinator. The area exercises will vessels carrying oil as a primary cargo, or vessels carrying oil as a
involve equipment deployment to respond to the spill scenario developed secondary cargo.
by the exercise design team, of which the vessel owner or operator will be (c) If the Coast Guard determines that the plan meets all requirements of
a member. After participating in an area exercise, a vessel owner or this subpart, the Coast Guard will notify the vessel owner or operator with
operator will not be required to participate in another area exercise for at an approval letter. The plan will be valid for a period of up to 5 years from
least 6 years. the date of approval.
(e) The vessel owner or operator shall ensure that adequate exercise (d) If the Coast Guard reviews the plan and determines that it does not
records are maintained. The following records are required: meet all of the requirements, the Coast Guard will notify the vessel owner
(1) On board the vessel, records of the qualified individual notification or operator of the response plan's deficiencies. The vessel owner or operator
exercises and the emergency procedures exercises. These exercises may be must then resubmit the revised plan, or corrected portions of the plan,
documented in the ship's log or may be kept in a separate exercise log. within the time period specified in the written notice provided by the Coast
(2) At the United States' location of either the qualified individual, spill Guard.
management team, the vessel owner or operator, or the oil spill removal (e) For those vessels temporarily authorized under §155.1025 to operate
organization, records of exercises conducted off the vessel. Response plans without an approved plan pending formal Coast Guard approval, the
must indicate the location of these records. deficiency provisions of § 155.1070(c), (d), and (e) will also apply.
(f) Records described in paragraph (e) of this section must be maintained (f) When the owner or operator of a vessel believes that national
and available to the Coast Guard for 3 years following completion of the planning criteria contained elsewhere in this part are inappropriate to the
exercises. vessel for the areas in which it is intended to operate, the owner or operator
(g) The response plan submitted to meet the requirements of this subpart may request acceptance of alternative planning criteria by the Coast Guard.
must specify the planned exercise program. The plan shall detail the Submission of a request must be made 90 days before the vessel intends to
operate under the proposed alternative and must be forwarded to the COTP
for the geographic area(s) affected.
PAGE 25
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M.E.T. PUBLICATION 515 — 5TH EDITION
155.1115 Definitions. response equipment required in §155.1130 including the make, model, and
Except as provided in this section, the definitions in §155.1020 apply to effective daily recovery rate of each oil recovery resource.
this subpart. (b) The owner or operator shall submit to the COTP for approval, no
Prince William Sound means all State and Federal waters within Prince later than September 30th of each calendar year, a schedule for the training
William Sound, Alaska, including the approach to Hinchinbrook Entrance and exercises required by the geographic-specific appendix for Prince
out to and encompassing Seal Rock. William Sound for the following calendar year.
(c) All records required by this section must be available for inspection
155.1120 Operating restrictions and interim operating authorization. by the Coast Guard and must be maintained for a period of 3 years.
The owner or operator of a tanker to which this subpart applies may not
load cargo at a facility permitted under the Tram-Alaska Pipeline 155.1130 Requirements for prepositioned response equipment.
Authorization Act unless the requirements of this subpart and §155.1025 The owner or operator of a tanker subject to this subpart shall provide
have been met The owner or operator of such a tanker shall certify to the the following prepositioned response equipment, located within Prince
Coast Guard that they have provided, through an oil spill removal William Sound, in addition to that required by §155.1035:
organization required by §155.1125, the necessary response resources to (a) On-water recovery equipment with a minimum effective daily
remove, to the maximum extent practicable, a worst case discharge or a recovery capacity of 30,000 barrels, capable of being on scene within 6
discharge of 200,000 barrels of oil, whichever is greater, in Prince William hours of notification of a discharge.
Sound, AK. (b) On-water storage capacity of 100,000 barrels, capable of being on
scene within 6 hours of notification of a discharge.
155.1125 Additional response plan requirements. (c) Additional on-water recovery equipment with a minimum effective
(a) The owner or operator of a tanker subject to this subpart shall include daily recovery capacity of 40,000 barrels capable of being on scene within
the requirements of this section in the Prince William Sound geographic 18 hours of notification of a discharge.
specific appendix required by subpart D of this part. (d) On-water storage capacity of 300,000 barrels for recovered oily
(1) The response plan must include identification of an oil spill removal material, capable of being on scene within 24 hours of notification of a
organization that shall— discharge.
(i) Perform response activities; (e) On-water oil recovery devices and storage equipment located in
(ii) Provide oil spill removal and containment training, including training communities and at strategic locations.
in the operation of prepositioned equipment, for personnel, including local (f) For sufficient protection of the environment in the locations identified
residents and fishermen, from the following locations in Prince William in §155.1125(a)(1)(ii)—
Sound— (1) Boom appropriate for the specific locations;
(A) Valdez; (2) Sufficient boats to deploy boom and sorbents;
(B) Tatitlek; (3) Sorbents including booms, sweeps, pads, blankets, drums and plastic
(C) Cordova; bags;
(D) Whittier; (4) Personnel protective clothing and equipment;
(E) Chenega; and (5) Survival equipment;
(F) Fish hatcheries located at Port San Juan, Main Bay, Esther Island, (6) First aid supplies;
Cannery Creek, and Solomon Gulch. (7) Buckets, shovels, and various other tools;
(iii) Consist of sufficient numbers of trained personnel with the necessary (8) Decontamination equipment;
technical skills to remove, to the maximum extent practicable, a worst case (9) Shoreline cleanup equipment;
discharge or a discharge of 200,000 barrels of oil, whichever is greater; (10) Mooring equipment;
(iv) Provide a plan for training sufficient numbers of additional personnel (11) Anchored buoys at appropriate locations to facilitate the positioning
to remove, to the maximum extent practicable, a worst case discharge or of defensive boom; and
a discharge of 200,000 barrels of oil, whichever is greater, and (12) Other appropriate removal equipment for the protection of the
(v) Address the responsibilities required in §155.1035(d)(4). environment as identified by the COTP.
(2) The response plan must include exercise procedures that must— (g) For each oil-laden tanker, an escorting response vessel which is fitted
(i) Provide two exercises of the oil spill removal organization each year with skimming and on board storage capabilities practicable for the initial
to ensure prepositioned equipment and trained personnel required under this oil recovery planned for a cleanup operation, as identified by the oil spill
subpart perform effectively; removal organization.
(ii) Provide for both announced and unannounced exercises; and (h) Lightering resources required in §155.1050(1) capable of arriving on
(iii) Provide for exercises that test either the entire appendix or individual scene within 6 hours of notification of a discharge.
components.
(3) The response plan must identify a testing, inspection, and certification
program for the prepositioned response equipment required in 155.1135 Response plan development and evaluation criteria.
§155.1130 that must provide for— For tankers subject to this subpart, the following response times must be
(i) Annual testing and equipment inspection in accordance with the used in determining the on-scene arrival time in Prince William Sound, for
manufacturer's recommended procedures, to include— the response resources required by §155.1050:
(A) Start-up and running under load of all electrical motors, pumps,
power packs, air compressors, internal combustion engines, and oil
recovery devices; and Tier 1 Tier 2 Tier 3
(B) Removal of no less than one-third of required boom from storage Prince William Sound 12hrs 24hrs 36hrs
annually, such that all boom will have been removed and examined within
a period of 3 years;
(ii) Records of equipment tests and inspection; and
(iii) Use of an independent entity to certify that the equipment is on-site 155.1145 Submission and approval procedures.
and in good operating condition and that required tests and inspections have An appendix prepared under this subpart must be submitted and
been performed. The independent entity must have appropriate training and approved in accordance with §155.1065.
expertise to provide this certification.
(4) The response plan must identify and give the location of the
prepositioned
PAGE 27
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M.E.T. PUBLICATION 515 — 5TH EDITION
(1) A salvage company with appropriate expertise and equipment
Subpart G—Response Plan Requirements for (2) A company with vessel firefighting capability that will respond to
Vessels Carrying Other Non-Petroleum Oils as a casualties in the area(s) in which the vessel is operating.
Primary Cargo. (j) Vessel owners or operators must identify intended sources of the
SOURCE: 61 FR 1052, January 12, 1996, unless otherwise noted. resources required under paragraph (e) of this section capable of being
deployed to the areas in which the vessel will operate. A company may not
be listed in the plan unless the company has provided written consent to be
155.2210 Purpose and applicability.
listed in the plan as an available resource. To meet this requirement in a
This subpart establishes oil spill response planning requirements for an
response plan submitted fix approval or reapproval on or ate February 18,
owner or operator of a vessel carrying other non-petroleum oils as a primary
1998, the vessel owner or operator must identify both the intended sources
cargo. The requirements of this subpart are intended for use in
of this capability and demonstrate that the resources are capable of being
developing response plans and identifying response resources during the
deployed to the port nearest to the area where the vessel operates within 24
planning process. They are not performance standards.
hours of discovery of a discharge.
(g) The owner or operator of a vessel carrying other non-petroleum oil
155.2225 Response plan submission requirements. as a primary cargo must identify in the response plan, and ensure the
An owner or operator of a vessel carrying other non-petroleum oils as availability of, through contract or other approved means, certain resources
a primary cargo shall submit a response plan in accordance with the required by subpart D of this part, §155.l035(c)(5)(ii) and
requirements of this subpart, and with all sections of subpart D of this part, §155.1040(c)(5)(i)
except §§155.1050 and 155.1052. of this part, as applicable.
(1) Resources must include—
155.2230 Response plan development and evaluation criteria. (i) rendering equipment;
(a) Owners and operators of vessels that carry other non-petroleum oil (ii) Transfer hoses and connection equipment; and
as a primary cargo must provide information in their plan that identifies— (iii) Portable pumps and ancillary equipment necessary to offload the
(1) Procedures and strategies for responding to a worst case discharge of vessel's largest cargo tank in 24 hours of continuous operation.
other non-petroleum oils to the maximum extent practicable; and (2) Resources must be capable of reaching the locations in which the
(2) Sources of the equipment and supplies necessary to contain, recover, vessel operates within the stated times following notification:
and mitigate such a discharge. (i) Inland, nearshore, and Great Lakes waters-12 hours.
(b) An owner or operator of a vessel carrying other non-petroleum oil as a (ii) Offshore waters and rivers and canals-18 hours.
primary cargo must ensure that any equipment identified in a response plan (iii) Open ocean waters-36 hours.
is capable of operating in the conditions expected in the geographic area(s) (3) For barges operating in rivers and canals as defined in this subpart,
in which the vessel operates using the criteria in Table 1 of Appendix B of the requirements of this paragraph (g)(3) may be met by listing resources
this part When evaluating the operability of equipment, the vessel owner or capable of being deployed in an area within the response times in
operator must consider limitations that are identified in the Area paragraph (g)(2) of this section. A vessel owner or operator may not
Contingency Plans for the COTP zones in which the vessel operates, identify such resources in a plan unless the response organization has
including— provided written consent to be identified in a plan as an available resource.
(1) Ice conditions; (h) The response plan for a vessel that is located in any environment
(2) Debris; with year-round preapproval for use of dispersants and that handles, stores,
(3) Temperature ranges; and or transports other non-petroleum oils may request a credit for up to 25
(4) Weather-related visibility. percent of the worst case planning volume set forth by subpart D of this
(c) The owner or operator of a vessel carrying other non-petroleum oil part. To receive this credit, the vessel owner or operator must identify in
as a primary cargo must identify in the response plan and ensure, through the plan and ensure, by contract or other approved means, the availability
contract or other approved means, the availability of required equipment of specified resources to apply the dispersants and to monitor their
including— effectiveness. The extent of the credit will be based on the volumes of the
(1) Containment boom, sorbent boom, or other methods for containing dispersant available to sustain operations at the manufacturers'
oil floating on the surface or to protect shorelines from impact; recommended dosage rates. Identification of these resources does not imply
(2) Oil recovery devices appropriate for the type of other non-petroleum that they will be authorized for use. Actual authorization for use during a
oil carried; and spill response will be governed by the provisions of the NCP and the
(3) Other appropriate equipment necessary to respond to a discharge applicable ACP.
involving the type of other non-petroleum oil carried.
(d) Response resources identified in a response plan under paragraph (c) Appendix A to Part 155—Specifications for Shore
of this section must be capable of arriving on-scene within the applicable Connection.
Tier 1 response times specified in this paragraph. An oil spill removal [See §§ 340, 350, 370 and 380 of this Part.]
organization may not be listed in the plan unless the organization has
provided written consent to be listed in the plan as an available resource.
Response times from the time of discovery of a discharge are as follow:
1....... Outside diameter. 215 mm. (8 in).
2....... inside diameter. According to pipe outside diameter
Tier 1 Tier 2 Tier 3 3....... Bolt circle diameter. 183 mm. (7 3/16 in).
4 ....... Slots in flange 6 boles 22 mm. (7/8 in.) in diameter shall
Higher volume port area 12 hrs N/A N/A equidistantly placed on a bolt circle of the
Great Lakes 18 hrs N/A N/A above diameter slotted to the flange
All other rivers and canals, 24 hrs N/A N/A periphery, the slot width is to be 22 mm.
inland, nearshore, and (7/8 in).
offshore areas 5....... Flange thickness. 20 mm (3/4 in).
Open ocean (plus travel time 24 hrs+ N/A N/A 6....... Bolts and nuts 6, each of 20 mm (3/4 in.) in diameter and
from shore) of suitable length.
PAGE 31
33 CFR PART 155
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M.E.T. PUBLICATION 515 — 5TH EDITION
Open ocean 30% credit must be located such that it can be mobilized to shoreside staging
General formula to determine planning volume: areas to meet the time requirements in section 8.1 of this appendix.
(planning volume) = (capacity) = (% from Table 3 of this Sufficient equipment capacity and sources of appropriate dispersants must
appendix)x(emulsification factor from Table 4 of this appendix) be identified to sustain dispersant operations for at least 3 days.
Planning volumes for on-water recovery: 8.2.3 Credit against on-water recovery capacity in pre-approved areas
Inland 100,000x.5xl.4=70,000 bbls will be based on the ability to treat oil at a rate equivalent to this credit
Nearshore 100,000x.5xl.4=70,000 bbls For example, a 2,500 barrels per day credit against the 10,000 barrels per
Offshore 100,000x.4x l.4=56,000 bbls day on-water Tier 1 cap would require the vessel owner or operator to
Open ocean 100,000x.2x1.4=28,000 bbls
demonstrate the ability to treat 2,500 barrels per day of oil at the
Planning volumes for on shore recovery:
Inland 100,000x.7xl.4=98,000 bbls manufacturer's recommended dosage rate. Assuming a dosage rate of 10:1,
Nearshore 100,000x.7xl.4=98,000 bbls the plan would need to show stockpiles and sources of 750 barrels of
Offshore 100,000x.3x1.4=42,000 bbls dispersants that would be available on scene at a rate of 250 barrels per day
The vessel owner or operator must contract with a response resource and the ability to apply the dispersant at the dally rate for 3 days in the area
capable of managing a 98,000-barrel shoreline cleanup in those areas where in which the vessel operates. Similar data would need to be provided for any
the vessel comes closer than 50 miles to shore. additional credit against Tier 2 and 3 resources.
Determining required resources for on-water recovery for each tier using 8.3 In addition to the equipment and supplies required, a vessel owner
mobilization factors: (barrel per day on-water recovery requirements)=(on- or operator shall identify a source of support to conduct the monitoring and
water planning volume as calculated above)x(mobilization factor from post-use effectiveness evaluation required by applicable Local and Area
Table 5 of this appendix). Contingency Plans.
8.4 Identification of the resources for dispersant application does not
imply that the use of this technique will be authorized. Actual authorization
Tier 1 Tier 2 Tier 3
for use during a spill response will be governed by the provisions of the
Inland/Nearshore 70,000 x .15 .25 .40 National Oil and Hazardous Substances Contingency Plan (40 CFR part
Offshore 56,000 x .10 .165 .21 300) and the applicable Local or Area Contingency Plan.
Open ocean 28,000 x .06 .10 .12 8.5 In addition to the credit identified above, a vessel owners or
equals (barrels per day) operators that operates in areas pre-approved for dispersant use may reduce
their required on-water recovery cap increases for 1998 and 2003 by up to
Inland/Nearshore 10,500 17,500 28,000 50% by identifying non-mechanical methods.
Offshore 5,600 9,240 11,760 8.6 The use of in-situ burning as a non-mechanical response method is
Open ocean 1,680 2,800 3,360 still being studied. Because limitations and uncertainties remain for the use
of this method, it may not be used to reduce required oil recovery capacity
in 1993. Use of this or other alternative high-rate methods for a portion of
Since the requirements for Tier 1 for inland and nearshore exceed the the required cap increase in 1998 will be determined during the cap
caps, the vessel owner would only need to contract for 10,000 barrels per increase review in 1996.
day for Tier 1. No additional equipment would be required to be identified
because the required Tier 3 resources are below the Tier 3 caps. 9. Additional Equipment Necessary to Sustain Response Operations
10% of the on-water recovery capability for offshore, and 20% of the
9.1 A vessel owner or operator is responsible for ensuring that sufficient
capability for inland/nearshore, for all tiers, must be capable of operating
numbers of trained personnel, boats, aerial spotting aircraft, sorbent
in water with a depth of 6 feet or less.
materials, boom anchoring materials, and other resources are a available to
The vessel owner or operator would also be required to identify or
sustain response operations to completion. All such equipment must be
contract for quantities of boom identified in Table 2 of this appendix for
suitable for use with the primary equipment identified in the response plan.
the areas in which the vessel operates.
A vessel owner or operator is not required to list these resources in the
8. Determining the Availability of High-Rate Response Methods response plan, but shall certify their availability.
9.2 A vessel owner or operator shall evaluate the availability of adequate
8.1 Response plans for a vessel carrying group II or III persistent oil as temporary storage capacity to sustain the effective dally recovery capacities
a primary cargo that operates in an area with year-round pre-approval for from equipment identified in the plan. Because of the inefficiencies of oil
dispersant use may receive credit for up to 25 percent of their required on- spill recovery devices, response plans must identify dally storage capacity
water recovery capacity in that area for 1993 if the availability of these equivalent to twice the effective dally recovery capacity required on scene.
resources are ensured by contract or other approved means. For response This temporary storage capacity may be reduced if a vessel owner or
plan credit, these resources must be capable of being on scene within 12 operator can demonstrate by waste stream analysis that the efficiencies of
hours of the discovery of a discharge. the oil recovery devices, ability to decant water, or the availability of
8.2 To receive credit against any required on-water recovery capacity, a alternative temporary storage or disposal locations in the area(s) the vessel
response plan must identify the locations of dispersant stockpiles, methods will operate will reduce the overall volume of oily material storage
of transporting to a shoreside staging area, and appropriate aircraft or requirements.
vessels to apply the dispersant and monitor its effectiveness at the scene of 9.3 A vessel owner or operator shall ensure that their planning includes
an oil discharge. the capability to arrange for disposal of recovered oil products. Specific
8.2.1 Sufficient volumes of dispersants must be available to treat the oil disposal procedures will be addressed in the applicable Area Contingency
at the dosage rate recommended by the dispersant manufacturer. Plan.
Dispersants identified in a response plan must be on the National [61 FR 33660, June 28, 1996]
Contingency Plan Product Schedule maintained by the U.S. Environmental
Protection Agency. (Some States have a list of approved dispersants and
within State waters only they can be used.)
8.2.2 Dispersant application equipment identified in a response plan for
PAGE 33
33 CFR PART 155
246
M.E.T. PUBLICATION 515 — 5TH EDITION
[Boom]
Use
1
Oil recovery devices and boom must be at (east capable of operating in wave heights up to and including the values listed in
Table 1 for each operating environment.
2
Equipment identified as capable of operating in waters of 6 feet or less depth are exempt from the significant wave height
planning requirement.
Ensured by
Location contract or
Higher volume
other approved Other areas
port area
means
(ft.)
Persistent Oils
Open Ocean ............................................................................................................................ .......................... .......................... ..........................
Offshore .............................................................................................................................. 15.000 24 48
Nearshore/Inland/Great Lakes.................................................................................................. 30.000 12 24
Rivers & Canals ........................................................................................................................ 25.000 12 24
Non-Persistent Oils
Open Ocean .............................................................................................................................. .......................... .......................... ..........................
Offshore.................................................................................................................................... .......................... .......................... ..........................
Nearshore/Inland/Great Lakes.................................................................................................. 10.000 12 24
Rivers & Canals ........................................................................................................................ 15.000 12 24
Spill Nearshore/Inland/
River
Location Great Lakes
Sustainability
of on-water oil 4 days 3 days
recovery
% % % % % %
Oil
Natural Recovered Oil Natural Recovered Oil
Group
Dissipation Floating oil on shore Dissipation Floating oil on shore
I
Non-persistent 80 20 10 80 10 10
oils
II
Light crudes 50 50 30 40 15 45
and fuels
III
Medium crudes 30 50 50 20 15 65
and fuels
IV
Heavy crudes 10 50 70 5 20 75
/residual fuels
Note: Percentage may not sum to 100: reflects enhanced on—water recovery capacity
Spill
Open ocean Offshore
Location
Sustainability
of on-water oil 10 days 6 days
recovery
% % % % % %
Oil
Natural Recovered Oil Natural Recovered Oil
Group
Dissipation Floating oil on shore Dissipation Floating oil on shore
I
Non-persistent 100 / / 95 5 /
oils
II
90 10 / 75 25 5
Light crudes
III
Medium crudes 75 20 [5]* 60 40 20
and fuels
IV
Heavy crudes 50 20 [30]* 50 40 30
/residual fuels
Non-persistent oil 72 G:
Note: These mobilization factors are for total resources mobilized, not incremental resources.
Note: The caps show cumulative overall effective daily recovery capacity, not incremental increases.
K - Thousand
bbls - Barrels
TBD - To be determined
[MET Editorial Note: This page shows the entire Table of Contents for this
156.107 Alternatives.
"Part." However, we reprinted only those subparts and sections of concern to foreign
(a) The COTP may consider and approve alternative procedures,
vessels. If you need additional information listed in this Table of Contents that does methods, or equipment standards to be used by a vessel or facility operator
not appear in the pages that follow, please write or fax us. We will be glad to furnish in lieu of any requirements in this part if:
this information for a small service charge] (1) Compliance with the requirement is economically or physically
impractical;
TABLE OF CONTENTS (2) The vessel or facility operator submits a written request for the
alternative at least 30 days before operations under the alternative are
Subpart A—and Hazardous Material Transfer Operations proposed, unless the COTP authorizes a shorter time; and
156.100 Applicability. (3) The alternative provides an equivalent level of safety and protection
156.105 Definitions. from pollution by oil or hazardous material, which is documented in the
156.107 Alternatives. request
156.110 Exemptions. (b) The COTP takes final approval or disapproval action on any
156.111 Incorporation by reference. alternative requested, in writing, within 30 days of receipt of the request
156.112 Suspension order. [CGD 75-124, 45 FR 7177, Jan. 37, 1980, as amended by CGD 86-034, 55 FR
156.113 Compliance with suspension order. 36255 Sept. 4, 1990]
156.115 Person in charge' Limitations.
156.118 Advance notice of transfer.
156.110 Exemptions.
156.120 Requirements for transfer.
(a) The Chief, Marine Safety and Environmental Protection, acting for
156.125 Discharge cleanup.
the Commandant, may grant an exemption or partial exemption from
156.130 Connection.
compliance with any requirement in this part, and the District Commander
156.150 Declaration of inspection.
may grant an exemption or partial exemption from compliance with any
156.160 Supervision by person in charge.
operating condition or requirement in subpart C of this part, if:
156.170 Equipment tests and inspections.
(1) The vessel or facility operator submits an application for exemption
via the COTP at least 30 days before operations under the exemption are
Subpart B—Special Requirements for Lightering of Oil and Hazardous proposed, unless the COTP authorizes a shorter time; and
Material Cargoes
(2) It is determined, from the application, that:
156.200 Applicability. (i) Compliance with a specific requirement is economically or physically
156.205 Definitions. impractical;
156.210 General. (ii) No alternative procedures, methods, or equipment standards exist that
156.215 Pre-arrival notices. would provide an equivalent level of safety and protection from pollution
156.220 Reporting of incidents. by oil or hazardous material; and
156.225 Designation of lightering zones. (iii) The likelihood of oil or hazardous material being discharged as a
156.230 Factors considered in designating lightering zones.
result of the exemption is minimal.
(b) If requested, the applicant must submit any appropriate information,
Subpart C—Lightering Zones and Operational Requirements for the
including an environmental and economic assessment of the effects of and
Gulf of Mexico
reasons for the exemption and proposed procedures, methods or equipment
156.300 Designated lightering zones.
standards.
156.310 Prohibited areas.
(c) The exemption may specify the procedures, methods, or equipment
156.320 Maximum operating conditions
standards that will apply.
156.330 Operations.
(d) An exemption is granted or denied in writing. The decision of the
Chief, Marine Safety and Environmental Protection is a final agency action.
AUTHORITY: 33 U.S.C. 1231, 1321(j)(1) (C) and (D); 46 U.S.C. 3703a. [CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 88-052, 53 FR
Subparts B and C are also issued under 46 U.S.C. 3715 25122, July 1,1988; CGD 86-034, 55 FR 36255, Sept 4, 1990; 60 FR 45006, Aug.
29, 1995; 61 FR 33660, June 28, 1996; 61 FR 41452, Aug. 08, 1996]
Subpart A—Oil and Hazardous Material Transfer
156.111 Incorporation by reference.
Operations (a) Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
156.100 Applicability. 552(a) and 1 CFR part 51. To enforce any edition other than that specified
This subpart applies to the transfer of oil or hazardous material on the in paragraph (b) of this section, the Coast Guard must publish
navigable waters or contiguous zone of the United States to, from, or within notice of the change in the Federal Register: and the material must be
each vessel with a capacity of 250 barrels or more, except that, this available to the public. All approved material is available for inspection at
subpart does not apply to transfer operations within a public vessel. the Office of the Federal Register, 800 North Capitol Street,
[CGD 86-034; 55 FR 36255, Sept 4, 1990] NW., suite 700, Washington, DC, and at the U.S. Coast Guard, Office
PAGE 1
33 CFR PART 156
250
M.E.T. PUBLICATION 515 — 5TH EDITION
of Compliance (G-MOC), 2100 Second Street, SW, Washington, DC between two or more vessels and a facility unless authorized by the COTP.
20593-0001 and is available from the sources indicated in paragraph (b) No person may serve as the person in charge of both a vessel and a
(b) of this section. facility during transfer operations unless authorized by the COTP.
(b) The material approved for incorporation by reference in this part and [CGD 75-124, 45 FR 7177, Jan. 31, 1960, as amended by CGD 86-034; 55 FR
the sections affected are as follows: 36255 Sept. 4, 1990]
Oil Companies International Marine Forum (OCIMF) 156.118 Advance notice of transfer.
15th Floor, 96 Victoria Street, London SW1E 5JW, England. (a) The COTP may require a facility operator to notify the COTP of the
Ship to Ship Transfer Guide (Petroleum), Second Edition, 1988-156330. time and place of each transfer operation at least 4 hours before it begins
for facilities that:
International Chamber of Shipping
(1) Are mobile;
12 Carthusian Street, London EC1M 6EB, England.
(2) Are in a remote location;
Guide to Helicopter/Ship Operations, Third Edition, 1989-156.330.
(3) Have a prior history of oil or hazardous material spills; or
[60 FR 45006, Aug. 29, 1995; 61 FR 33660, June 28, 1996] (4) Conduct infrequent transfer operations.
(b) In the case of a vessel to vessel transfer, the COTP may require a
156.112 Suspension order. vessel operator of a lightering or fueling vessel to notify the COTP of the
The COTP or OCMI may issue a suspension order to suspend transfer time and place of each transfer operation, as specified by the COTP, at
operations to the vessel or facility operator when the COTP or OCMI finds least 4 hours before it begins.
there is a condition requiring action to prevent the discharge or threat of (c) No person may conduct such transfer operations until advance notice
discharge of oil or hazardous material, or when the COTP or OCMI is has been given as specified by the COTP.
unable to verify compliance with the regulations through an inspection. A Note: The notification may be accomplished by submitting a written
suspension order: schedule, periodically updated to be current
(a) May be effective immediately; [CGD 75-124, 45 FR 7177, Jan. 31, 1960, as amended by CGD 86-034, 55 FR
(b) Is issued in writing unless it is effective immediately and then it may 36255, Sept. 4, 1990]
be issued orally and followed up in writing;
(c) Includes a statement of each condition requiring correction to— 156.120 Requirements for transfer.
(1) Prevent the discharge of oil or hazardous material; or
A transfer is considered to begin when the person in charge on the
(2) Comply with §154.735 of this chapter; and
transferring vessel or facility and the person in charge on the receiving
(d) Is withdrawn when the COTP, OCMI, or District Commander, as
facility or vessel first meet to begin completing the declaration of
applicable, determines that the condition requiring action to prevent the
inspection, as required by §156.150 of this part. No person shall conduct an
discharge or threat of discharge of oil or hazardous material has been
oil or hazardous material transfer operation unless:
corrected or no longer exists.
(a) The vessel's moorings are strong enough to hold during all expected
[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
conditions of surge, current, and weather and are long enough to allow
36255, Sept. 4, 1990]
adjustment for changes in draft, drift, and tide during the transfer operation;
(b) Transfer hoses and loading arms are long enough to allow the vessel
156.113 Compliance with suspension order. to move to the limits of its moorings without placing strain on the hose,
(a) No vessel or facility operator to whom a suspension order has been loading arm, or transfer piping system;
issued may conduct transfer operations from the time the order is effective (c) Each hose is supported to prevent kinking or other damage to the
until that order is withdrawn by the applicable COTP, OCMI, or by the hose and strain on its coupling.
District Commander. (d) Each part of the transfer system is aligned to allow the flow of oil or
(b) The vessel or facility operator may request reconsideration of the hazardous material;
suspension order either orally or in writing to the COTP or OCMI who (e) Each part of the transfer system not necessary for the transfer
issued it The request may contain supporting documentation and evidence operation is securely blanked or shut off;
that the vessel or facility operator wishes to have considered. (f) The end of each hose and loading arm that is not connected for the
(c) Any person not satisfied with a ruling made under the procedure transfer of oil or hazardous material is blanked off using the closure
contained in paragraph (b) of this section may appeal that ruling in devices required by §§154.520 and 155.805 of this chapter,
writing, except as allowed under paragraph (e) of this section, to the (g) The transfer system is attached to a fixed connection on the vessel
Coast Guard District Commander of the district in which the suspension and the facility except that when a vessel is receiving fuel, an automatic
order was issued. The appeal may contain supporting documentation and back pressure shutoff nozzle may be used;
evidence that the appellant wishes to have considered. The (h) Each overboard discharge or sea suction valve that is connected to
appeal does not stay the effect of the suspension order while the COTP the vessel's transfer or cargo tank system is sealed or lashed in the closed
or OCMI ruling is being reviewed. The District Commander issues a position; except when used to receive or discharge ballast in compliance
ruling after reviewing the appeal. with 33 CFR Part 157;
(d) The ruling by the District Commander is final agency action. (i) Each transfer hose has no unrepaired loose covers, kinks, bulges, soft
(e) If the delay in presenting a written appeal under paragraph (c) of this spots, or any other defect which would permit the discharge of oil or
section would have a significant adverse impact on the appellant, the appeal hazardous material through the hose material and no gouges, cute, or
may initially be presented orally. If an initial presentation of the appeal is slashes that penetrate the first layer of hose reinforcement ("reinforcement"
made orally, the appellant must submit the appeal in writing within five means the strength members of the hose, consisting of fabric, cord and/or
days of the oral presentation to the District Commander to whom the oral metal);
appeal was made, containing, at a minimum the basis for the appeal and a (j) Each hose or loading arm in use meets §§ 154.500 and 154.510 of this
summary of the material presented orally. chapter, respectively;
[CGD 75-124, 45 FR 7177, Jan. 31, 1980, as amended by CGD 86-034, 55 FR
36255, Sept. 4, 1990]
156.115 Person in charge: Limitations.
(a) No person may serve as the person in charge of transfer operations
on more than one vessel at a time during transfers between vessels or
156.330 Operations.
(a) Unless otherwise specified in this subpart, or when otherwise
authorized by the cognizant Captain of the Port (COTP) or District Commander,
the master of a vessel lightering in a zone designated in this subpart shall ensure
that all officers and appropriate members of the crew are
familiar with the guidelines in paragraphs (b) and (c) of this section and
that the requirements of paragraphs (d) through (I) of this section are
complied with.
(b) Lightering operations should be conducted in accordance with the Oil
Companies International Marine Forum Ship to Ship Transfer Guide
(Petroleum), Second Edition, 1988, to the maximum extent practicable.
(c) Helicopter operations should be conducted in accordance with the
International Chamber of Shipping Guide to Helicopter/Ship Operations,
Third Edition, 1989, to the maximum extent practicable.
(d) The vessel to be lightered shall make a voice warning prior to the
commencement of lightering activities via channel 13 VHF and 2182 KHz.
The voice warning shall include:
(1) The names of the vessels involved;
(2) The vessels' geographical positions and general headings;
(3) A description of the operations;
(4) The expected time of commencement and duration of the operation; and
(5) Request for wide berth.
(e) In the event of a communications failure between the lightering vessels
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33 CFR PART 157
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M.E.T. PUBLICATION 515 — 5TH EDITION
defined in Appendix A of this part, has a branch, that branch must have a before that vessel enters the navigable waters of the United States or the
stop valve: U.S. Exclusive Economic Zone.
(1) Within each cargo tank into which the branch opens; or (a) Calculations to substantiate compliance with the tank arrangement
(2) Outside each tank into which the branch opens in a location that is and size requirements under §157.19, or a letter from the government of
immediately adjacent to the point at which the branch enters the tank. the vessel's flag state that certifies compliance with:
(e) If piping that serves suction wells is installed within a double bottom, (1) Section 157.19; or
that piping must be: (2) Regulations 24 of Annex I of the International Convention for the
(1) Fitted with valves located at the point of connection to the tank Prevention of Pollution from Ships, 1973.
served to prevent oil outflow in the event of damage to the piping; and (b) Except for a new vessel that is a foreign vessel, calculations to
(2) Designed to be installed as high from the bottom shell as possible. substantiate compliance with subdivisions and damage stability
[CGD 74-32, 40 FR 48283, Oct. 14, 1975, as amended by CGD 75-240, 41 FR requirements under §157.21.
54180, Dec. 13, 1978; CGD 76-088b, 48 FR 45720, Oct. 8, 1983] (c) Plans and calculations to substantiate compliance with the applicable
segregated ballast and double hull requirements in §§157.09, 157.10,
Cross Reference: See 33 CFR 151.50 (39 FR 30125) for an
157.10a, 157.10b, or 157.10d, or certification from the government of the
interpretative rule concerning tank arrangement and size limitations
vessel's flag state that the vessel complies with the segregated ballast and
applicable to seagoing tank barges.
double hull requirements in:
(1) Sections 157.09,157.10,157.10a, 157.10b.or 157.10d, as applicable; or
157.21 Subdivision and stability. (2) For a vessel to which § 157.10d does not apply. Regulations 13 and
A new vessel that is a U.S. vessel must meet the following subdivision 13E of the MARPOL Protocol.
and damage stability criteria after assuming side and bottom damages, as (d) Plans and specifications for the vessel that include:
defined in Appendix B of this Part A U.S. vessel that meets the (1) Design characteristics;
requirements in this section is considered by the Coast Guard as meeting 46 (2) A lines plan;
CFR 42.20-5. (3) Curves of form (hydrostatic curves) or hydrostatic tables;
(a) The final waterline, taking into account sinkage, heel, and trim, must (4) A general arrangement plan of each deck and level;
be below the lower edge of an opening through which progressive flooding (5) inboard and outboard profile plans showing oiltight and watertight
may take place, such as an air pipe, or any opening that is closed by means bulkheads;
of a weather-tight door or hatch cover. This opening does not include an (6) A midship section plan;
opening closed by a: (7) A capacity plan showing the capacity and the vertical and longitudinal
(1) Watertight manhole cover; centers of gravity of each cargo space, tank, and similar space;
(2) Flush scuttle; (8) Tank sounding tables or tank capacity tables;
(3) Small watertight cargo tank hatch cover that maintains the high (9) Draft mark locations;
integrity of the deck; (10) Detailed plans of watertight doors; and
(4) Remotely operated watertight sliding door; or (11) Detailed plans of vents.
(5) Side scuttle of the non-opening type. [CGD 75-240, 41 FR 54180, Dec. 13, 1978, as amended by CGD 77-058b, 45 FR
(b) In the final stage of flooding, the angle of heel due to unsymmetrical 43708, June 30, 1980; CGD 73-152, 45 FR 82250, Dec. 15, 1980; CGD 90-051, 57
flooding must not exceed 25 degrees, except that this angle may be FR 36244; Aug. 12, 1992]
increased to 30 degrees if no deck edge immersion occurs.
(c) For acceptable stability in the final stage of flooding, the righting
157.24a Submission of calculations, plans, and specifications for
lever curve must have a range of at least 20 degrees beyond the position
existing vessels installing segregated ballast tanks.
of equilibrium in association with a maximum residual righting lever of at
(a) Before modifications are made to a U.S. tank vessel to meet
least 0.1 meter. For the calculations required in this section, weathertight
§157.10a(a)(1), §157.10a(c)(1), §157.10c(b)(1), or §157.10c(c)(1), the
openings or openings fitted with automatic closures (e.g., a vent fitted with
vessel's owner or operator must submit the following to the Officer in
a ball check valve), need not be considered as points of downflooding
Charge, Marine Inspection, of the zone where the modification will be
within the range of residual stability, but other openings must be accounted
made or to the appropriate Coast Guard technical office listed in
for in the calculation.
157.100(b):
[CGD 74-32, 40 FR 43283, Oct. 14, 1978, as amended by CGD 75240, 41 FR
(1) A drawing or diagram of the pumping and piping system for the
54180, Dec. 13, 1976] segregated ballast tanks.
(2) A drawing of the segregated ballast tank arrangement
157.23 Cargo and ballast system information. (3) Documentation, calculations, or revised stability information to show
(a) Each tank vessel to which this part applies must have an instruction that the vessel, with the addition of the segregated ballast tanks, meets the
manual that describes the automatic and manual operation of the cargo and stability standards for load line assignment in 46 CFR Part 42.
ballast system in the vessel. (4) Documentation, calculations, or a revised loading manual to show
(b) The format and information contained in the instruction manual that the vessel, with the addition of the segregated ballast tanks, meets the
required in paragraph (a) of this section must be similar to the manual structural standards in 46 CFR Part 32.
entitled "Clean Seas Guide for Oil Tankers" which can be obtained from (5) Plans and calculations to show that the vessel, as modified, complies
the International Chamber of Shipping, 30-32 St. Mary Axe, London, with the segregated ballast capacity and distribution requirements in
England, EC3A 8ET. § 157.10a.
(b) Before each foreign vessel under §157.10a(a)(1) or §157.10a(c)(1)
157.24 Submission of calculations, plans, and specifications. enters the navigable waters of the United States, the owner or operator of
The owner, builder or designer of a new vessel to which this part applies that vessel must—
shall submit the documentation specified in this section to the Coast Guard (1) Submit to the Commandant (G-MOC), U.S. Coast Guard,
before that vessel enters the navigable waters of the United States. The Washington, D.C. 20593-0001—
owner, builder, or designer of a vessel that must comply with §157.10d
shall submit the documentation specified in this section to the Coast Guard
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33 CFR PART 157
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M.E.T. PUBLICATION 515 — 5TH EDITION
(g) Each hydrant valve for water washing in the piping of a COW (ii) Upper surfaces of large primary structural members; and
system must (iii) Upper surfaces of any other structural member determined to be
(1) Have adequate strength to meet 46 CFR Part 56 for the working equivalent to a large primary structural member by the Commandant
pressure for which the system is designed; and (2) 85 percent or more of the total vertical area of all the tank sides and
(2) Be capable of being blanked off. swash bulkheads.
(h) Each sensing instrument must have an isolating valve at its (g) Each single nozzle COW machine that is mounted to the deck must
connection to the piping of the COW system, unless the opening to that have a means located outside of the cargo tank that indicates the are and
connection is 0.055 inches (1.4 millimeters) or smaller. rotation of the movement of the COW machine during COW operations.
(i) If the washing system for cargo tanks has a steam beater used when (h) Each multi-nozzle COW machine that is mounted to the deck must
water washing, it must be located outside the engine room and must be have a means located outside of the cargo tank that indicates the movement
capable of being isolated from the piping of the COW system by: of the COW machine during COW operations.
(1) At least two shut-off valves in the inlet piping and at least two (i) Each COW machine mounted to or close to the bottom of a tank
shutoff valves in the outlet piping; or without a means located outside of the cargo tank that indicates movement
(2) Blank flanges identifiable as being closed (e.g., spectacle flanges). of the machine must not be programmable.
(|) If the COW system has a common piping system for oil washing and Notes: 1. In the calculations to meet §157.124 (e) or (f), areas that are
water washing, that piping system must be designed to drain the crude oil shielded from direct impingement by structural members other than large
into a slop tank or a cargo tank. primary structural members or swash bulkheads can be calculated as areas
(k) The piping of a COW system must be securely attached to the tank being washed by direct impingement
vessel's structure with pipe anchors. 2. One or more types of COW machines could be used to meet §157.124
(l) When COW machines are used as pipe anchors, there must be other (e)or(f).
means available for anchoring the piping if these machines are removed. [CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR
(m) There must be a means to allow movement of the COW system 11627, Mar. 22, 1985]
piping as a result of thermal expansion and flexing of the tank vessel.
(n) The supply piping attached to each deck mounted COW machine and
157.126 Pumps.
each COW machine that is audio inspected under §157.155(a)(4)(ii) must
(a) Crude oil must be supplied to the COW machines by COW system
have a shut-off valve.
pumps or cargo pumps.
(o) On combination carriers, piping of the COW system installed
(b) The pumps under paragraph (a) of this section must be designed and
between each COW machine located in a cargo tank hatch cover and an
arranged with sufficient capacity to meet the following:
adjacent location just outside the hatch coaming, may be flexible hose with
(1) A sufficient pressure and flow is supplied to allow the simultaneous
flanged connections that is acceptable by the Commandant
operation of those COW machines designed to operate simultaneously.
(2) If an eductor is used for tank stripping, enough driving fluid is
157.124 COW tank washing machines. provided by the pumps to allow the eductor to meet §157.128(a).
(a) COW machines must be permanently mounted in each cargo tank. (c) There must be means on the tank vessel to maintain the pressure
(b) The COW machines in each tank must have sufficient nozzles with
under paragraph (b) of this section when shore terminal back pressure is
the proper diameter, working pressure, movement, and timing to allow the
less than the pressure under paragraph (b) of this section.
tank vessel to pass the inspections under §157.140.
(d) The COW system must have two or more pumps that are capable of
(c) Each COW machine and its supply piping must be supported to
supplying oil to the COW machines.
withstand vibration and pressure surges.
(e) The COW system must be designed to meet the requirements of this
(d) There must be one portable drive unit available on board the vessel
subpart with any one pump not operating.
for every three COW machines that use portable drive unite during COW
operations required by §157.160 before each ballast voyage.
(e) Except as allowed in paragraph (f) of this section, each cargo tank 157.128 Stripping system.
must have COW machines located to wash all horizontal and vertical areas (a) Each tank vessel having a COW system under §157.l0(e),
of the tank by direct impingement, jet deflection, or splashing to allow the §157.10a(a)(2), or §157.10c(b)(2) must have a stripping system that is
tank vessel to pass the inspections under §157.140. The following areas in designed to remove crude oil from—
each tank must not be shielded from direct impingement by large primary (1) Each cargo tank at 1.25 times the rate at which all the COW
structural members or any other structural member determined to be machines that are designed to simultaneously wash the bottom of the tank,
equivalent to a large primary structural member by the Commandant when are operating; and
reviewing the plans submitted under §157.100 or §157.102: (2) The bottom of each tank to allow the tank vessel to pass the
(1) 90 percent or more of the total horizontal area of the: inspection under §157.140(a)(2).
(i) Tank bottom; (b) Each cargo tank must be designed to allow the level of crude oil in
(ii) Upper surfaces of large primary structural members; and the tank to be determined by:
(iii) Upper surfaces of any other structural member determined to be (1) Hand dipping at the aftermost portion of the tank and three other
equivalent to a large primary structural member by the Commandant locations; or
(2) 85 percent or more of the total vertical area of the tank sides and (2) Any other means accepted by the Commandant
swash bulkheads. (c) Each stripping system must have at least one of the following devices
(f) Each cargo tank on a vessel having a COW system under for stripping oil from each cargo tank:
§157.10a(a)(2) or §157.10c(b)(2) with complicated internal structural (1) A positive displacement pump.
members does not have to meet paragraph (e) of this section if the (2) A self-priming centrifugal pump.
following areas of each cargo tank are washed by direct impingement and (3) An eductor
(4) Any other device accepted by the Commandant
the tank vessel can pass the inspections under §157.140:
(d) There must be a means in the stripping system piping between the
(1) 90 percent or more of the total horizontal area of all the:
device under paragraph (c) of this section and each cargo tank to isolate
(i) Tank bottoms;
each tank from the device.
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33 CFR PART 157
272
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) In addition to meeting paragraph (a) of this section, each Crude Oil 157.148 COW system: Evidence for inspections.
Washing Operations and Equipment Manual on a tank vessel having a (a) Before the inspections under §157.140 are conducted by the
COW system under §157.10a(a)(2) or §157.10c(b)(2) must include the Coast Guard, the owner or operator of a foreign tank vessel that is to
following: be inspected must submit to the Coast Guard inspector evidence that
(1) The procedure to meet §157.166. the COW system has been installed in accordance with the plans accepted
(2) The procedures to meet §157.155(b). under §157.106.
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR (b) Before the inspections under §157.140 are conducted by the
11628, Mar. 22, 1985] Coast Guard, the owner or operator of a tank vessel that is to be
inspected must submit to the Coast Guard inspector evidence that the
Inspections COW piping system has passed a test of 11/2 times the design working
157.140 Tank vessel inspections. pressure.
(a) Before issuing a letter under §157.142, the Coast Guard makes an
initial inspection of each U.S. tank vessel having a COW system under 157.150 Crude Oil Washing Operations and Equipment Manual:
§157.10(e), §157.10(a)(2), or §157.10c(b)(2) and each foreign tank vessel Recording information after inspections.
whose owner or operator submitted the plans under §157.102 to determine After passing the inspections under §157.140, the owner, operator, and
whether or not, when entering a port, the cargo tanks that carry crude oil master shall ensure that the following are recorded in the Crude Oil
meet the following: Washing Operations and Equipment Manual approved under §157.112:
(1) After each tank is crude oil washed but not water rinsed, except the (a) The results of the inspections under §157.140.
bottom of the tank may be flushed with water and stripped, each tank is (b) The following characteristics used to pass the inspections under
essentially free of oil clingage or deposits of oil, or both to a degree §157.140:
acceptable to the Coast Guard inspector. (1) Pressure and flow of the crude oil pumped to the COW machines.
(2) After the tanks that are to be used as ballast tanks when leaving the (2) Revolutions, number of cycles, and length of cycles of each COW
port are crude oil washed and stripped but not water rinsed or bottom machine.
flushed, they are filled with water and the total volume of crude oil floating (3) Pressure and flow of the stripping suction device.
on top of the water in these tanks is 0.085 percent or less of the total (4) Number and location of COW machines operating simultaneously in
volume of these tanks. each cargo tank.
(b) Except on a tank vessel under §157.10(e), if the initial inspection (5) Volume of water used for water rinsing.
under paragraph (a) of this section has been passed and the vessel arrives (6) Trim conditions of the tank vessel.
at the first cargo loading port after completing a ballast voyage, the Coast
Guard monitors the discharge of effluent from those tanks that have been Personnel
crude oil washed, water rinsed, stripped, and filled with ballast water to 157.152 Person in charge of COW operations.
determine whether or not the oil content of the effluent is 15 ppm or less. The owner, operator, and master of a tank vessel having a COW system
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR under §157.10(e), §157.10(a)(2), or §157.10c(b)(2) shall ensure that the
11628, Mar. 22, 1985] person designated as the person in charge of COW operations—
(a) Knows the contents in the Crude Oil Washing Operations and
Equipment Manual approved by the Coast Guard under §157.112 or by
157.142 Letter of acceptance: Inspections.
the government of the vessel's flag state;
If the inspections under § 157.140 are passed, the Coast Guard issues
(b) On at least two occasions, has participated in crude oil washing of
to the tank vessel a letter that states that the vessel complies with this
cargo tanks, one of those occasions occurring on:
subpart.
(1) The tank vessel on which the person assumes duties as the person in
charge of COW operations; or
157.144 Tank vessels of the same class: Inspections. (2) A tank vessel that is similar in tank design and which has COW
(a) If more than one tank vessel is constructed from the same plans, the equipment similar to that used on the tank vessel on which the person
owner or operator may submit a written request to the Commandant (G- assumes duties as the person in charge of COW operations; and
MOC), U.S. Coast Guard, Washington, D.C. 20593-0001, for only one of (c) Has one year or more of tank vessel duty that includes oil cargo
those tank vessels to be inspected under §157.140. discharge operations and:
(b) Only one tank vessel of the class is inspected under §157.140, if the (1) Crude oil washing of cargo tanks; or
Commandant accepts the request submitted under paragraph (a) of this (2) Has completed a training program in crude oil washing operations
section. that is approved by the Coast Guard or the government of the vessel's flag
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR state.
11630, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; 61 FR 33660, Note: Standards of a Coast Guard approved training program are to be
June 28, 1996] developed.
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR
157.147 Similar tank design: Inspections on foreign tank vessels. 11628, Mar. 22, 1985]
(a) If a foreign tank vessel has tanks similar in dimensions and internal
structure, the owner or operator may submit a written request to the 157.154 Assistant personnel.
Commandant (G-MOC), U.S. Coast Guard, Washington, D.C. 20593-0001, The owner, operator, and master of a tank vessel having a COW system
for only one of those tanks to be inspected under §157.140(a)(1). under §157.10(e), §157.10a(a)(2), or §157.10c(b)(2) shall ensure that each
(b) Only one tank of a group of tanks similar in dimensions and internal member of the crew that has a designated responsibility during COW
structure is inspected under § 157.140(a)(1), if the Commandant accepts operations—
the request submitted under paragraph (a) of this section. (a) Has six months or more of tank vessel duty that includes oil cargo
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR discharge operations;
11538, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1,1988; 61 FR 33660, (b) Has been instructed in the COW operation of the tank vessel; and
June 28, 1996]
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274
M.E.T. PUBLICATION 515 — 5TH EDITION
157.162 Crude oil washing during a voyage. the master shall ensure that:
The master of a tank vessel having a COW system under § 157.10(e), (1) The supply piping to that machine is blanked off; and
§ 157.10a (a)(2), or § 157.10c (b)(2) shall ensure that each cargo tank that (2) The tank opening is sealed by a secured plate made of steel or an
is crude oil washed during a voyage other than a ballast voyage— equivalent material accepted by the Commandant
(a) Remains empty so that the tank may be inspected upon arrival at the (b) If the equipment for the COW system is removed from a cargo tank
next discharge port; and for the carriage of cargoes other than crude oil and then reinstalled, the
(b) If it is to be used as a ballast tank when leaving the discharge port, master shall ensure that, before COW operations are conducted, the system
is ballasted before the vessel departs from that discharge port so that the has no crude oil leakage.
tank may be inspected under § 157.140 (a)(2).
[CGD 77-058b, 45 FR 43709, June 30, 1980, as amended by CGD 82-28, 50 157.172 Limitations on grades of crude oil carried.
FR 11628, Mar. 22, 1985] If a tank vessel having a COW system meeting § 157.10a (a)(2) or
§ 157.10c (b)(2) does not have segregated ballast tanks or dedicated clean
157.164 Use of inert gas system. ballast tanks that meet §157.10c(c)(2), the owner, operator, and master shall
(a) The master of a tank vessel having a COW system under § 157.10(e), ensure that the vessel carries only the grades of crude oil that can be used
§ 157.10a (a)(2), or § 157.10c (b)(2) shall ensure the following: for crude oil washing.
(1) Before each cargo tank is crude oil washed, the oxygen content in the [CGD 82-28, 50 FR 11628, Mar. 22, 1985]
tank is measured at each of the following locations in the tank:
Subpart E—Dedicated Clean Ballast Tanks on
(i) One meter from the deck.
(ii) In the center of the ullage space. Tank Vessels
(2) Before each cargo tank with partial bulkheads is crude oil washed, SOURCE: CGD77-058b, 45 FR 43714, June 30, 1980, unless otherwise
each area of that tank formed by each partial bulkhead is measured in noted.
accordance with paragraph (a)(1) of this section.
(3) Before each cargo tank is crude oil washed, the oxygen content in General
that tank is 8 percent or less by volume at the locations under paragraph 157.202 Plans and documents for foreign tank vessels: Submission.
(a)(1) of this section. The owner or operator of a foreign tank vessel under §150.10a(b),
(4) During COW operations, the following are maintained in each cargo §157.10a(c)(2), or §157.10b(a)(2) who desires the letter from the Coast
tank being crude oil washed: Guard under § 157.204 accepting the plans submitted under this paragraph,
(i) A gas or a mixture of gases with an oxygen content of 8 percent or and the owner or operator of a foreign tank vessel under §150.10c(c)(2)
less by volume. must submit to the Commandant (G-MOC), U.S. Coast Guard, Washington,
(ii) A positive atmospheric pressure. D.C, 20593-0001—
(5) During COW operations, a crew member monitors the (a) Plans that include:
instrumentation under 46 CFR 32.53-60(a)(1), except if that (1) The dedicated clean ballast tank arrangement; and
instrumentation has an alarm that sounds in the cargo control room when (2) A drawing or diagram of the pumping and piping system for the
the oxygen content exceeds 8 percent by volume. dedicated clean ballast tanks; and
(b) Crude oil washing of the cargo tanks must be terminated when (b) Documentation from the authority that assigned the load line to the
paragraph (a)(4) of this section is not met and crude oil washing of that tank vessel that states that the location of the dedicated clean ballast tanks
tank may not be resumed until the requirements of paragraph (a)(4) of this is acceptable to that authority.
section are met. [CGD 77-058b, 45 FR 43714, June 30, 1980, as amended by CGD 82-28, 50 FR
[CGD 77-058b, 4S FR 43709, June 30, 1980, as amended by CGD 82-28, 50 FR 11629, Mar. 22, 1985; CGD 88-052, 53 FR 25122, July 1, 1988; 61 FR 33660,
11628, Mar. 22, 1985] June 28, 1996]
157.228 Isolating Valves: Closed during a voyage. 157.304 Shore-based reception facility: standards.
(a) The master of each U.S. tank vessel under §157.10a(b), No shore-based reception facility may be listed to meet §157.302(b)(3)
§157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) shall ensure that the unless that reception facility has:
valves under §157.222(d) remain closed during each voyage. (a) A valid NPDES permit which allows it to process the ballast water
(b) The master of each foreign tank vessel meeting §157.10a(b), and cargo residues of the vessel for which the exemption is being
§157.10a(c)(2), §157.10b(a)(2), or §157.10c(c)(2) shall ensure that the requested; and
valves under § 157.222(d) remain closed when the vessel is on a voyage in (b) The capacity to receive and store a volume of dirty ballast water
the navigable waters of the United States. equivalent to 30 percent of the deadweight, less the segregated ballast
[CGD 82-28, 50 FR 11629, Mar. 22, 1985] volume, of the vessel for which the exemption is being requested.
Subpart F—Exemption From § 157.10a or § 157.10c
SOURCE: CGD 79-126, 46 FR 3513, Jan. 15, 1981, unless otherwise 157.306 Granting, denying, or modifying an exemption.
(a) The Chief, Marine Safety and Environmental Protection issues a
noted.
written decision concerning the grant or denial of each exemption or
modification requested under §157.302.
157.300 Qualifications for exemptions under this part. (b) If the exemption or request for modification is denied, the decision
(a) Each vessel under § 157.10a or § 157.10c of this part may qualify under paragraph (a) of this section includes the reasons for the denial.
for an exemption from the requirements of § 157.10a or § 157.10c of (c) Any person directly affected by, and not satisfied with, a decision
this part if— made under paragraph (a) of this section may appeal that decision, in
(1) The vessel toads and discharges cargo only at ports or places within writing, to the Commandant (G-MOC), U.S Coast Guard, Washington, DC
the United States, its territories, or its possessions; and 20593-0001. The appeal may contain any supporting documentation or
(2) The application for exemption meets §157.302. evidence that the appellant wishes to have considered.
(b) Except where the owner can show good cause, a vessel is not granted
(d) The Commandant, U.S. Coast Guard issues a ruling after reviewing
an exemption under this subpart if a previous exemption for the vessel has
the appeal submitted under paragraph (c) of this section. This ruling is final
been revoked by the Coast Guard under § 157.308(a)(1) or § 157.308
agency action.
(a)(2).
[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 88-052, 53 FR
[CGD 79-126, 46 FR 3513, Jan. 15, 1981, as amended by CGD 82-28, 50 FR
11630, Mar. 22, 1985] 25122, July 1, 1988; 61 FR 33660, June 28, 1996]
157.302 Applying for an exemption or requesting modification of an 157.308 Revocation of exemption: procedure and appeals.
exemption. (a) The Officer in Charge, Marine Inspection may consider the
(a) Each application for an exemption or modification must be in writing revocation of the exemption granted under this subpart when:
and submitted to the Commandant (G-MOC), U.S. Coast Guard, (1) Requested by the vessel's owner;
Washington, D.C. 20593-0001. (2) There is evidence that the vessel's owner, operator, or master has
(b) Each application for exemption must include the following: failed to comply with the requirements of this subpart; or
(1) The name and official number of the vessel for which the exemption (3) There have been changes to the NPDES permit of a reception facility
is requested. listed to meet §157.304(b)(3) that would adversely affect the ability of that
(2) A list of each port or place where the vessel would load cargo. facility to process the vessel's discharges.
(3) The name, address, and telephone number for each shore-based (b) The Officer in Charge, Marine Inspection, of the zone in which an
reception facility at each port listed under paragraph (b)(2) of this section occurrence under paragraph (a)(2) or (a)(3) of this section takes place
where the vessel would discharge its ballast water and cargo residues, notifies the owner, operator, and master of the exempted vessel of the
including: specific reasons for considering the revocation of the exemption.
(i) The name or title of the person at each facility who should be (c) Evidence or arguments for the retention of the exemption that are
contacted for information concerning the operation of the reception facility; submitted to the Officer in Charge, Marine Inspection within thirty days of
and receipt of the notice under paragraph (b) of this section will be considered
(ii) A statement from the facility owner disclosing whether or not, based before a ruling is made.
on current operating conditions, the facility has the capability of processing (d) If the owner is not satisfied with the ruling made under this section
the anticipated volume and type of discharges from the vessel without by the Officer in Charge, Marine Inspection, that ruling may be appealed
adversely affecting the service of the facility to current users. under the procedure in §157.06 of this part
(4) The number of the permit under the National Pollutant Discharge
Elimination System (NPDES permit) issued to each listed shore-based 157.310 Exempted vessels: operations.
reception facility. The owner, operator, and master of each vessel that has been granted an
(5) A list of each type of oil cargo that the vessel would load. exemption under this subpart must ensure that
(6) A description of the method by which the vessel would discharge
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33 CFR PART 157
278
M.E.T. PUBLICATION 515 — 5TH EDITION
(2) Designation of a knowledgeable crew member who will be unit without automatic manual override has an audible and visual alarm,
responsible for ensuring that an opportunity is provided to each newly which is distinct from other required bridge alarms, that will activate if the
employed individual to receive essential information in a language the helm is manually moved while the autopilot is engaged.
individual understands. (b) A tank barge owner or operator shall ensure that each autopilot unit
(b) Beginning not later than February 1, 1997, a tank barge owner or without automatic manual override installed on the primary towing vessel
operator shall not permit the barge to be towed unless those individuals has a means to clearly indicate the autopilot status and warns personnel of
assigned to duties as master or operator on the primary towing vessel have the requirement to disengage the autopilot if positive rudder control is
been provided written policy and procedures as specified in paragraph (a) needed.
of this section. [61 FR 39770, July 30, 1996]
[61 FR 39770, July 30, 1996]
157.445 Maneuvering performance capability.
157.430 Enhanced survey requirements. (a) A tankship owner or operator shall ensure that maneuvering tests in
Beginning at each tank vessel's next regularly scheduled drydock accordance with IMO Resolution A.751(18), section 1.2,23-2.4,3-4.2, and
examination and continuing as required under 46 CFR part 31, or, for each 5 (with Explanatory Notes in MSC/Circ.644) have been conducted by July
foreign flagged tank vessel, beginning at the next drydock and continuing 29, 1997. Completion of maneuvering performance tests must be shown
as required under the foreign vessel's flag administration, a tank vessel by:
owner or operator shall— (1) For a foreign flag tankship, a letter from the flag administration or
(a) Implement an enhanced survey program that complies with the an authorized classification society, as described in 157.04 of this part,
standards of IMO Resolution A.744(18), Annex B sections 1.1.3-1.1.4, 1.2- stating the requirements in paragraph (a) of this section have been met; or
1.3, 2.1, 2.3-2.6, 3-8, and Annexes 1-10 with appendices; (2) For a U.S. flag tankship, results from the vessel owner confirming
(b) Implement a vessel specific survey program that provides a level of the completion of the tests or a letter from an authorized classification
protection equivalent to the requirements in paragraph (a)(1) of this section society, as described in 157.04 of this part, stating the requirements in
and is approved by the Commandant (G-MOC). A written request for paragraph (a) of this section have been met
program equivalency under this paragraph must be submitted to the (b) If a tankship undergoes a major conversion or alteration affecting the
Commandant (G-MOC); or control systems, control surfaces, propulsion system, or other areas which
(c) For a tankship of less than 20,000 deadweight tons (dwt) carrying may be expected to alter maneuvering performance, the tankship owner or
crude oil, a tankship of less than 30,000 dwt carrying product, or a tank operator shall ensure that new maneuvering tests are conducted as required
barge, implement an enhanced survey program that— by paragraph (a) of this section.
(1) includes oversight of the program by the Coast Guard, the vessel's (c) If a tankship is one of a class of vessels with identical propulsion,
flag administration, an authorized classification society as described in steering, hydrodynamic, and other relevant design characteristics,
157.04 of this part, or a licensed professional engineer; maneuvering performance test results for any tankship in the class may be
(2) Has the frequency of survey which is no less than the inspections used to satisfy the requirements of paragraph (a) of this section.
required by 46 CFR subpart 31.10; (d) The tankship owner or operator shall ensure that the performance test
(3) Has survey scope and recordkeeping requirements that are results, recorded in the format of Appendix 6 of the Explanatory Notes in
comparable to the requirements of paragraph (a)(1) of this section; and MSC/Circ.644, are prominently displayed in the wheelhouse.
(4) Includes keeping a copy of the most recent, survey on board the (e) Prior to entering the port or place of destination and prior to getting
vessel or, upon request by the Coast Guard, making the surveys available underway, the tankship master shall discuss the results of the performance
within 24 hours for examination. tests with the pilot while reviewing the anticipated transit and the possible
[61 FR 39770, July 30, 1996] impact of the tankship's maneuvering capability on the transit
[61 FR 33770, July 30, 1996]
157.435 Vital systems surveys.
(a) A tank vessel owner or operator shall ensure that surveys of the 157.450 Maneuvering and vessel status information.
following system are conducted: A tankship owner, master, or operator shall comply with IMO Resolution
(1) Cargo systems. The survey must include the examination and testing A.601(l5), Annex sections 1.1,1.2, 3.1, and 3.2, with appendices.
of the items listed in chapters 6, 7, and 10 of the International Safety Guide [61 FR 39770, July 30, 1996]
for Oil Tankers and Terminals, if applicable, prior to cargo transfer
operations. 157.455 Minimum under-keel clearance.
(2) Mooring systems. The survey must include a visual examination of (a) Prior to entering the port or place of destination and prior to getting
the emergency towline, the anchor releasing mechanism, and mooring lines underway, the master of a tankship that is not fitted with a double bottom
prior to entering the port or place of destination, if weather permits, or that
prior to getting underway. covers the entire cargo tank length shall meet the following requirements:
(b) Surveys must be conducted by company management personnel, (1) The tankship's deepest navigational draft must be calculated and
company designated individuals, or vessel officers knowledgeable about include—
the (i) The mean draft;
equipment operating parameters and having the authority, capability, and (ii) The trim and list characteristics; and
responsibility to initiate corrective action when the equipment is not (iii) The intended transit speed and the corresponding squat
functioning properly. characteristics, if known.
(c) The results of the survey required in paragraph (a) of this section, (2) The anticipated controlling depth must be calculated and include—
including the material condition of each system, must be recorded in the (i) Tide and current conditions;
tank vessel's deck log or other onboard documentation. (ii) Present sea state conditions;
[61 FR 39770, July 30, 1996] (iii) Past weather impact on water depth;
(iv) The depth at the facility or anchorage; and
(v) The depth of the transit area found in the publication and chart
157.440 Autopilot alarm or indicator.
materials required to be on board the tankship by 33 CFR part 164.
(a) A tankship owner or operator shall ensure that each installed autopilot
1
Whichever results in the more severe requirements. where:
2
The permeability of partially filled compartments must be consistent with a=0.25 for tank vessels of 200,000 DWT.
actual density and the amount of liquid carried. a=0.40 for tank vessels of 300,000 DWT.
a=0.50 for tank vessels of 420,000 DWT.
(c) The buoyancy of any superstructure directly above the side damage For values of DWT between 200,000 and 300,000 DWT, 300,000 and
is to be disregarded. The unflooded parts of superstructures beyond the 420,000 DWT, and greater than 420,000 DWT, the value of "a" is
extent of damage may be taken into consideration if they are separated determined by linear interpolation.
from the damaged space by watertight bulkheads and no progressive Oc = as calculated in Appendix A of this part.
flooding of these intact spaces takes place. Class I doors are allowed in Os = as calculated in Appendix A of this part.
watertight bulkheads in the superstructure. OA = the allowable oil outflow meeting §157.19(b)(1) of this part
(d) The free surface effect is to be calculated: (3) For values of DWT between 20,000 and 200,000 DWT, the value of
(1) at an angle of heel of 5 degrees for each individual compartment; or
"J" is determined by linear interpolation between 0.45 and 0.30 respectively.
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33 CFR PART 157
282
M.E.T. PUBLICATION 515 — 5TH EDITION
(b) PAc and PAg: Criteria for determining the segregated ballast tanks, (3) Ensure that all valves in the dedicated clean ballast tanks are closed.
voids, and other spaces that do not carry cargo. (d) Before arrival at the unloading port
The following criteria are to be met for a segregated ballast tank, void, (1) Ensure that all valves to the slop tank and cargo tanks are closed.
or space that does not carry cargo, to be used in determining PAc and PAg: (2) Recheck that the pumping and piping designated for clean ballast
(1) The minimum width of each wing tank or space, either of which operation have been properly cleaned.
extends for the full depth of the vessel's side or from the main deck to the (3) Ballast through clean cargo pumps and piping, considering the port's
top of the double bottoms is 2 meters or more. The width is measured draft requirements.
inboard from the vessel's side shell plating at right angles to the vessel's (4) Ensure that all valves in the dedicated clean ballast tanks are closed.
center line. If a wing tank or space has a width anywhere within it that is (e) In the unloading port
less than 2 meters, that wing tank or space is not used when calculating (1) Allocate pumping and piping intended for clean ballast operation.
(2) Perform normal unloading operations.
PAc.
(3) As soon as draft conditions permit, complete ballasting to departure
(2) The minimum vertical depth of each double bottom tank or space is
conditions.
B/15 or 2 meters, whichever is smaller. If a double bottom tank or space
(4) Ensure that all valves to the dedicated clean ballast tanks are closed.
has a depth less than B/15 or 2 meters, whichever is smaller, anywhere (5) Complete unloading.
within it, the double bottom or space is not to be used when calculating (f) After departure from the unloading port:
PAg. (1) Flush pumps and piping servicing the dedicated clean ballast tanks
(3) The minimum width of a wing tank or space is not measured in the into the slop tank.
way of— (2) Top up dedicated clean ballast tanks.
(i) the turn of the bilge area; or (3) Process the slop tank content in accordance with load on top (LOT)
(ii) a rounded gunwale area. procedures.
(4) The minimum depth of a double bottom tank or space is not [CGD 77-058b, 45 FR 43717, June 30, 1980]
measured in the way of the turn of the bilge area.
[CGD 77-058b, 45 FR 43716, June 30, 1980] Appendix E to Part 157—Specifications for the
Design, Installation and Operation of a Part flow
Appendix D to Part 157—Example of a Procedure
System for Control of Overboard Discharges
for Dedicated Clean Ballast Tanks Operations
SOURCE: Appendix 2 to Annex 5 of IMO's Marine Environment
1. Source. The example procedure for dedicated clean ballast tanks Protection Committee document MEPC/Circ. 97. Paragraphs 1 and 2 are
operation contained in this appendix conforms to the Annex of Resolution printed for information. Paragraphs 3, 4, and 5 are incorporated into
14 of the MARPOL Protocol. §§ 157.11 and 157.37.
2. Example Procedure. Dedicated clean ballast tanks operational Note: Information in square brackets on Figure 1 has been added by the
procedure: Coast Guard for clarify.
(a) Before arrival at the loading port: 1. Purpose
(1) Transfer all remaining slop to a cargo tank. The purpose of these Specifications is to provide specific design criteria
(2) Ensure that the pumping and piping designated for clean ballast and installation and operational requirements for the part flow system
operation have been property cleaned to accommodate simultaneous referred to in Regulation 18(6)(e) of Annex I of the International
discharge of clean ballast while loading. Convention for the Prevention of Pollution from Ships, 1973 as modified by
(3) Ensure that all valves to the slop tank and the cargo tanks are closed. the Protocol of 1978 relating thereto.
(4) Perform visual inspection of all dedicated clean ballast tanks and
their contents, if any, for signs of contamination. 2. Application
(5) Discharge a sufficient amount of clean ballast water to ensure that 2.1 Existing oil tankers may, in accordance with Regulation 18(6)(e) of
remaining ballast water and cargo to be loaded will not exceed the Annex I of MARPOL 73/78, discharge dirty ballast water and oil
permissible deadweight or draft. Leave a sufficient amount of water for contaminated water from cargo tank areas below the waterline, provided
flushing the piping, and as a minimum, a quantify equal to 10 times the part of the flow is led through permanent piping to a readily accessible
volume of the affected piping. location on the upper deck or above where it may be visually observed
(6) Ensure that all valves to the dedicated clean ballast tanks are closed. during the discharge operation and provided that the arrangements comply
(7) If no further ballast discharge is anticipated, drain the clean ballast with the requirements established by the Administration and which shall at
piping. least contain all the provisions of these Specifications.
(b) In the loading port 2.2 The part flow concept is based on the principle that the observation
(1) Perform normal loading operations of cargo tanks. of a representative part flow of the overboard effluent is equivalent to
(2) Ensure sufficient slop tank capacity is available for subsequent observing the entire effluent stream. These specifications provide the details
reception of cargo pump and piping flushings. of the design installation, and operation of a part flow system.
(3) When applicable, discharge remaining clean ballast before entire
piping system is used for loading. Leave the required minimum quantify of 3. General Provisions
flushing water in ballast tanks. 3.1 The part flow system shall be so fitted that it can effectively provide
(4) Ensure that all valves to the dedicated clean ballast tanks are closed. a representative sample of the overboard effluent for visual display under
(5) Ensure that all valves to the cargo tank are closed upon completion all normal operating conditions.
of loading. 3.2 The part flow system is in many respects similar to the sampling
(c) After departure from the loading port system for an oil discharge monitoring and control system but shall have
(1) Flush appropriate pumping and piping with sufficient water from pumping and piping arrangements separate from such a system, or
dedicated clean ballast tanks into a slop tank. combined equivalent arrangements acceptable to the Administration.
(2) Ensure that valves to the slop tank are closed before pumping the
remaining clean water overboard and monitoring oil content of the water.
5. Operation
5.1 When a discharge of dirty ballast water or other oil contaminated
water from the cargo tank area is taking place through an outlet below the
FIGURE 1 waterline, the part flow system shall provide sample water from the
SAMPLING PROBE FOR A PART FLOW DISPLAY SYSTEM
PAGE 30
33 CFR PART 157
286
M.E.T. PUBLICATION 515 — 5TH EDITION
(*As contained in the provisions of IEC Publication 92 or its equivalent) (9)
6. Technical Specifications provided for these areas.
6.1 Oil discharge monitoring and control system:
6.1.6 The control section of an oil discharge monitoring and control
6.1.1 The oil discharge monitoring and control system shall be so fitted
system shall be capable of operating satisfactorily under the following
that it can effectively monitor and control the discharge of any effluent into
environmental conditions:
the sea through those overboard discharge outlets permitted by Regulation
.1 Ambient air temperature: 0° C to 55° C in enclosed spaces; -25° C
18(2) which in the opinion of the Administration are necessary to fulfill the
to 55° C on open decks
operational requirements of the tanker (5). The system should additionally
.2 Vibration: 2.0 Hz to 13.2 Hz, with displacement amplitude of ±1.0
cover
mm 13.2 Hz to 80.0 Hz, with an acceleration amplitude of ±0.7 g
.1 The gravitational discharge of ballast water from cargo tanks;
and .3 Voltage variations/or alternating current: permanent variation of
.2 The midship cargo manifold arrangement when used to meet the ±10%
requirements of Regulation 18. .4 Inclination: inclination at angles of up to 22.5° in any place from the
6.12 The discharge of dirty ballast water or oil contaminated water into normal operational position
the sea through outlets which are not controlled by the monitoring and 6.2 Sampling system:
control system is an infringement of the Convention (6). 6.2.1 Sampling points should be so located that relevant samples can
6.13 The system should function effectively, according to the criteria be obtained from those outlets that are used for operational discharges
shown below, under all environmental conditions which vessels are in accordance with paragraph 6.1.1. The sampling probes located in the
normally assumed to encounter, and shall be designed and constructed to overboard discharge lines and the piping system connecting the sampling
withstand the environmental conditions as specified in paragraph 6.1.6 of probes to the oil content meter should meet the following
these Guidelines and Specifications: requirements:
.1 Except where manual operation of the system is permitted the .1 The piping and probes shall be of corrosion-resistant and
system shall be so designed that no ballast discharge can take place unless oil-resistant material, of adequate strength, properly jointed and supported;
the monitor is in the normal operating mode and the relevant sampling point .2 The system shall have a stop valve fitted adjacent to each
has been connected to the monitor. probe, except that where the probe is mounted in a cargo line, e.g. to the
.2 Preferably the system should have a minimum number of midship cargo manifold arrangement, two stop valves shall be fitted, in
discharge outlets and sampling points so arranged that discharge can take series, in the sample line;
place via only one sampling point at a time. .3 Sampling probes should be arranged for easy withdrawal
.3 Where it is intended that more than one line is used for and should as far as practicable be mounted at an accessible location in a
simultaneous discharge purposes, one oil content meter (7), together with a vertical section of the discharge line. If a sampling point has to be
flow meter, shall be installed per discharge line. These instruments shall be made in a horizontal section then suitable arrangements should be
connected to a common processing unit made to obtain representative samples. Sampling probes should normally
.4 In order to avoid alarms due to short term high oil concentration penetrate inside the discharge pipe to a distance of one quarter
signals (spikes) causing indications of high instantaneous rates of discharge, the diameter of that pipe;
the short term high ppm signal may be suppressed for a maximum of 10 .4 Means shall be provided for cleaning the probes and piping
seconds by employing a delay relay. Alternatively, the instantaneous rate system by the provision of permanent clean water flushing arrangements or
of discharge may be the average during the preceding 20 seconds or less some other equivalent method, especially in the case of probes mounted in
as computed from instantaneous ppm values produced by the oil content a cargo line. The design of the probes and piping should be such as to
meter with intervals of a maximum of 5 seconds. minimize their clogging by oil, oily residue and other matter;
6.1.4 The system should comprise the following: .5 The velocity of the fluid in the piping shall be such that,
.1 An oil content meter to measure the oil content of the effluent in taking into consideration the length of the piping, the overall response time
parts per million. This meter shall be approved in accordance with the should be as short as possible between an alteration in the mixture being
provisions contained in resolution A.393(X)(8) and certified to take into pumped and the alteration in the meter reading and in any case not more
account the range of cargoes carried; than 40 seconds;
.2 A flow rate system to indicate the quantity of effluent being .6 The location of sampling probes in relation to any point of
discharged in a unit of time (see also paragraphs 6.3.7 and 6.3.8); flow diversion to a slop tank shall be selected with regard to the need for
.3 A vessel speed indicating device; to give the vessel's speed in sampling the oily water in the recirculation mode;
knots (see also paragraphs 6.4.2 and 6.4.3); .7 The arrangements for driving the sampling pump or any
.4 A sampling system to convey a representative sample of the other pumps such as those provided for washing windows shall have regard
effluent to the oil content meter; to the safety requirements of the space in which the pump is located;
.5 A control section which includes: .8 The flushing arrangements should be such that where
.5.1 A processor, which accepts signals of oil content, flow rate and the necessary they can be utilized for stabilizing the oil content meter and for
vessel's speed and converts them into litres per nautical mile and the total correcting zero setting;
quantity of oil discharged (see also paragraph 6.53); .9 Sample water when returned to the slop tank shall not be
.5.2 A transmitting device to provide alarms and, where required, allowed to free fall into the tank.
command signals to the discharge control arrangement; 6.3 Flow rate indicating system:
.5.3 A recording device to provide, where required, a continuous record 6.3.1 A flow meter for measuring the rate of discharge should be
of the effluent discharge; installed in a vertical section of a discharge line or in any other section of
.5.4 A manual override system to be used in the event of failure of the discharge line as appropriate, so as to be always filled with the liquid.
monitoring and control system; and 6.3.2 A flow meter should employ an operating principle which is
.5.5 Where required a transmitting device to provide signals to a suitable for shipboard use and, where relevant can be used in large
starting interlock preventing the discharge of effluent before the oil content diameter pipes.
meter is fully operative. 6.3.3 A flow meter should be suitable for the full range of flow rates
6.1.5 The electrical components of the system installed in a hazardous that may be encountered during normal operation. Alternatively,
area of a vessel shall meet the appropriate safety requirements arrangements such as the use of two flow meters of different ranges or a
restriction of the
a single hull, or is 35 years old or older and has a double bottom or double
sides;
(vii) After January 1,2001, if the vessel is 29 years old or older and has
a single hull, or is 34 years old or older and has a double bottom or double
sides;
(viii) After January 1,2002, if the vessel is 28 years old or older and has
a single hull, or is 33 years old or older and has a double bottom or double
sides;
(ix) After January 1, 2003, if the vessel is 27 years old or older and has
a single hull, or is 32 years old or older and has a double bottom or double
sides;
(x) After January 1, 2004, if the vessel is 26 years old or older and has
a single hull, or is 31 years old or older and has a double bottom or double
sides;
(xi) After January 1,2005, if the vessel is 25 years old or older and has
a single hull, or is 30 years old or older and has a double bottom or double
sides; and
(3) In the case of a vessel of at least 30,000 gross tons—
(i) After January 1, 1995, if the vessel is 28 years old or older and has
a single hull, or is 33 years old or older and has a double bottom or double
sides;
(ii) After January 1, 1996, if the vessel is 27 years old or older and has
a single hull, or is 32 years old or older and has a double bottom or double
sides;
(iii) After January 1,1997, if the vessel is 26 years old or older and has
a single hull, or is 31 years old or older and has a double bottom or double
sides;
(iv) After January 1,1998, if the vessel is 25 years old or older and has
a single hull, or is 30 years old or older and has a double bottom or double
sides;
(v) After January I, 1999, if the vessel is 24 years old or older and has
a single hull, or is 29 years old or older and has a double bottom or double
sides;
(vi) After January 1,2000, if the vessel is 23 years old or older and has
a single hull, or is 28 years old or older and has a double bottom or double
sides;
(d) Except as provided in paragraph (b) of this section—
(1) A vessel that has a single hull may not operate after January 1, 2010,
and
(2) A vessel that has a double bottom or double sides may not operate
after January 1, 2015.
Note: Double sides and double bottoms must meet the relevant requirements
in §157.10d (c) or (d), as appropriate. A vessel will be considered
to have a single hull if it has neither double sides nor a double bottom that
meets the relevant requirements in §157.10d(c) or §157.10d(d).
[CGD 90-051, 57 FR 36245, Aug. 12, 1992]
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M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
Subpart D—Criteria for Adequacy of Reception Faculties: Garbage
CODE OF FEDERAL REGULATIONS
158.400 Purpose.
PART 158 - RECEPTION FACILITIES FOR 158.410 Reception facilities: General.
OIL NOXIOUS LIQUID SUBSTANCES 158.420 Reception facilities: Capacity and exceptions.
AND GARBAGE
Subpart E—Port and Terminal Operations
[MET Editorial Note: This page shows the entire Table of Contents for this 158.500 Draining cargo area and piping systems.
"Part." However, we reprinted only those subparts and sections of concern to 158.520 Following the instruction manual.
foreign vessels. If you need additional information listed in this Table of Contents
that does not appear in the pages that follow, please write or fax us. We will be glad AUTHORITY: 33 U.S.C. 1903(b); 49 CFR 1.46.
to furnish this information for a small service charge] Subpart A—General
SOURCE: CGD 85-010, 52 FR 7761, Mar. 12, 1987, unless otherwise
noted
TABLE OF CONTENTS
158.100 Purpose.
Subpart A—General This part establishes the following.
158.100 Purpose (a) Criteria for determining the adequacy of reception facilities.
158.110 Applicability. (b) Procedures for certifying that reception facilities are adequate for
158.115 Penalties for violation. receiving—
158.120 Definitions and acronyms. (1) Residues and mixtures containing oil from oceangoing tankers and
158.130 Delegations. any other oceangoing ships of 400 gross tons or more;
158.133 Which ports and terminals must provide reception facilities? (2) NLS residue from oceangoing ships; or
158.135 Which ports and terminals must have Certificates of Adequacy? (3) Garbage from ships.
158.140 Applying for a Certificate of Adequacy. (c) Standards for ports and terminals to reduce NLS residue.
158.150 Waivers and alternatives. [CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 85-002, 54 FR
158.160 Issuance and termination of a Certificate of Adequacy. 18407, Apr. 28, 1989]
158.163 Reception facility operations.
158.165 Certificate of Adequacy: Change of information. 158.110 Applicability.
158.167 Reporting inadequate reception facilities. (a) Subparts B, C, and E apply to each port and each terminal located in
the United Slates or subject to the jurisdiction of the United States that is—
Suspension, Revocation, and Appeals (1) Used by oceangoing tankers, or any other oceangoing ships of 400
158.170 Grounds for suspension. gross tons or more, carrying residues and mixtures containing oil, or by
158.172 Notification of a suspension order. oceangoing ships to transfer NLSs, except those ports and terminals that
158.174 Suspension of a Certificate of Adequacy: Procedure. are used only by—
158.176 Effect of suspension of a Certificate of Adequacy. (i) Tank barges that are not configured and are not equipped to ballast
158.178 Actions during a suspension. or wash cargo tanks while proceeding enroute;
158.180 Certificate of Adequacy Procedures after revocation or the part (ii) Ships carrying NLS operating under waivers under 46 CFR
no longer applies. 153.491(b); or
158.190 Appeals. (2) A ship repair yard that services oceangoing ships carrying oil or NLS
residue.
Subpart B—Criteria for Reception Facilities: Residues and Mixtures (b) Subpart D applies to each port and terminal located in the United
Containing Oil States or subject to the jurisdiction of the United States.
158.200 General. [CGD 88-002, 54 FR 18407, Apr. 28, 1989]
158.210 Ports and terminals loading crude oil.
158.220 Porte and terminals loading more than 1,000 metric tons of oil 158.115 Penalties for violation.
other than crude oil or bunker oil. (a) A person who violates MARPOL 73/78, the Act, or the regulations
158.230 Ports and terminals other than ports and terminals under of this part is liable for a civil penalty not to exceed $25,000 for each
§§158.210, 158.220, and 158.240. violation, as provided by 33 U.S.C. 1908(b)(1). Each day of a continuing
158.240 Ship repair yards violation constitutes a separate violation.
158.250 Standard discharge connection (b) A person who makes a false, fictitious statement or fraudulent
representation in any matter in which a statement or representation is
Subpart C—Criteria for Certifying That a Port's or Terminal's required to be made to the Coast Guard under MARPOL 73/78, the Act,
Faculties Are Adequate for Receiving NLS Residue or the regulations of this part, is liable for a civil penalty not to exceed
158.300 Purpose $5,000 for each statement or representation, as provided by 33 U.S.C.
158.310 Reception facilities: General. 1908(b)(2).
158.320 Reception facilities Capacity, and exceptions (c) A person who knowingly violates MARPOL 73/78, the Act, or the
158.330 Porte and terminals. Equipment regulations of this part is liable for a fine for each violation, of not more
than $50,000 dollars, or imprisonment for not more than 5 years, or both,
as provided by 33 U.S.C. 1908(a).
[CGD 88-002, 54 FR 18407, Apr. 28, 1989]
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M.E.T. PUBLICATION 515 — 5TH EDITION
Segregated ballast has the same meaning as contained in §157.03(r) of oceangoing ship of 400 gross tons or more, carrying residues and mixtures
this chapter. containing oil.
Ship means a vessel of any type whatsoever, operating in the marine (b) Subpart C of this part if it receives oceangoing ships carrying NLSs.
environment This includes hydrofoils, air cushion vehicles, submersibles, (c) Subpart D of this part if it receives—
floating craft whether self-propelled or not, and fixed or floating drilling (1) The ships under paragraph (a) or (b) of this section; or
rigs or other platforms. (2) Fishing vessels which offload more than 500,000 pounds of
Solidifying NLS means a Category A, B, or C NLS that has a melting commercial fishery products from all ships during a calendar year.
point— [CGD 88-002, 54 FR 18408, Apr. 28, 1989]
(1) Greater than 0 °C but less than 15 °C and a temperature, measured
under the procedure in 46 CFR 153.908(d), that is less than 5 °C above its 158.140 Applying for a Certificate of Adequacy.
melting point at the time it is unloaded; or (a) To continue to receive ships at a port or terminal required by
(2) 15°C or greater and has a temperature, measured under the §158.135 to have a Certificate of Adequacy for its reception facilities,
procedure in 46 CFR 153.908(d), that is less than 10 °C above its melting the person in charge must apply to the Coast Guard for a certificate as
point at the time it is unloaded. follows:
Tank barge has the same meaning as contained in 46 CFR 30.10-65. (1) Applicants for a Certificate of Adequacy required by §158.135(a) or
Tanker means a ship constructed or adapted primarily to carry oil in bulk (b) must apply to the COTP of the Zone in which the port or terminal is
in the cargo spaces. located using Form A or Form B, respectively.
Terminal means an onshore facility or an offshore structure located in the (2) An applicant for a Certificate of Adequacy required by section
navigable waters of the United States or subject to the jurisdiction of the 158.135(c) must apply on Form C to the COTP of the Zone in which the
United States and used, or intended to be used, as a port or facility for the port or terminal is located.
transfer or other handling of a harmful substance. (b) Applications for Certificates of Adequacy, Forms A, B, or C, may be
Note: The Coast Guard interprets commercial fishing facilities, obtained from the local Coast Guard COTP.
recreational boating facilities, and mineral and oil industry shorebases to be [CGD 88-002, 54 FR 18408, Apr. 28, 1989; 61 FR 33660, June 28, 1996; 61 FR
terminals for the purposes of Annex V of MARPOL 73/78, since these 36629, July 12, 1996]
facilities normally provide wharfage and other services, including garbage
handling, for ships. "The Act" means the Act to Prevent Pollution from 158.150 Waivers and alternatives.
Ships, as amended, (33 U.S.C. 1901-1911). (a) If the person in charge believes that a requirement in this part is
The Act means the Act to Prevent Pollution from Ships (94 Stat. 2297, unreasonable or impracticable for the port's or terminal's operations, the
33 U.S.C. 1901 et seq.). person in charge may submit a request for a waiver to the COTP. This
[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 88-002, 54 FR application must—
18407, Apr. 28, 1989] (1) Be in writing; and
(2) Include the—
(i) Reasons why the requirement is unreasonable or impracticable;
158.130 Delegations.
(ii) Proposed alternatives that meet MARPOL 73/78; and
Each COTP is delegated the authority to—
(iii) Additional information requested by the COTP.
(a) Conduct inspections at ports and terminals required to have reception
(b) If the COTP allows the alternative proposed under paragraph
facilities under this part;
(a)(2)(ii) of this section, the waiver—
(b) Issue Certificates of Adequacy;
(c) Grant waivers under §158.150; (1) Is in writing; and
(d) Designate ports; and (2) States each alternative that applies and the requirement under this
(e) Deny entry of ships to any port or terminal, except when a ship is part for which the alternative is substituted.
entering under force majeure, that does not have— (c) The person in charge shall ensure that each waiver issued under
(1) A Certificate of Adequacy if required under §158.135; or paragraph (b) of this section is attached to the Certificate of Adequacy
(2) Reception facilities for garbage required under Subpart D of this part. issued for the port or terminal.
[CGD 88-002, 54 FR 18408, Apr. 28, 1989]
158.160 Issuance and termination of a Certificate of Adequacy.
158.133 Which ports and terminals must provide reception facilities? (a) After reviewing an application made under §158.140(a)(1), the COTP
(a) A port or terminal which receives oceangoing tankers, or any other determines by inspection the following:
oceangoing ship of 400 gross tons or more, carrying residues and mixtures (1) When the application is made on Form A, whether or not the
containing oil, must have a reception facility which meets Subpart B of this reception facility meets Subpart B of this part.
part. (2) When the application is made on Form B, whether or not the
(b) A port or terminal which receives oceangoing ships carrying NLSs reception facility and the port, or the reception facility and the terminal,
must have a reception facility which meets Subpart C of this part. meet Subpart C of this part.
(c) All ports and terminals under the jurisdiction of the United States, Note: If in the instruction manual required by §158.330(b) there is a
including commercial fishing facilities, mineral and oil shorebases, and certification by a registered professional engineer licensed by a state or the
recreational boating facilities, must have a reception facility which meets District of Columbia that the backpressure requirements under § 158.330(a)
Subpart D of this part. are met, the COTP determines whether or not to accept this finding.
[CGD 88-002, 54 FR 18408, Apr. 28, 1989] (b) After the inspections under paragraph (a) are conducted, and after
consulting with the Administrator of the Environmental Protection Agency
158.135 Which ports and terminals must have Certificates of (EPA) or his or her designee, the COTP.
Adequacy? (1) Issues a Certificate of Adequacy to the person in charge for the port
To continue to receive ships, a port or terminal must hold one or more or terminal; or
Certificates of Adequacy to show compliance with— (2) Denies the application and informs the person in charge in writing of
(a) Subpart B of this part if it receives oceangoing tankers, or any other the reasons for the denial.
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M.E.T. PUBLICATION 515 — 5TH EDITION
(1) Appeal that ruling in writing within 30 days after the ruling to the (c) Oily ballast in the amount of 30% of the deadweight tonnage of the
Coast Guard District Commander of the district in which the action was largest of the oceangoing tankers loading crude oil at the port or terminal
taken; and that do not have clean ballast tanks (CBT), segregated ballast tanks (SBT),
(2) Supply supporting documentation and evidence that the appellant or crude oil washing (COW) meeting Part 157 of this subchapter,
wishes to have considered. multiplied by one or the dally vessel average, whichever quantify is greater.
(c) The District Commander issues a ruling after reviewing the appeal [CGD 78-035, 50 FR 36793, Sept. 9,1985, as amended by CGD 85-010, 52 FR
submitted under paragraph (b) of this section. Except as provided under 7764, Mar. 12, 1987]
paragraph (e) of this section, the person affected who is not satisfied with
this ruling may— 158.220 Ports and terminals loading more than 1,000 metric tons of
(1) Appeal that ruling in writing within 30 days after the ruling to the oil other than crude oil or bunker oil.
Chief, Marine Safety and Environmental Protection, U.S. Coast Guard, The reception facility for an oil loading port or terminal that loads a
Washington, DC, 20593; and daily average of more than 1,000 metric tons (1,100 short tons) of oil other
(2) Supply supporting documentation and evidence that the appellant than crude oil or bunker oil to oceangoing tankers must have the capacity
wishes to have considered. for receiving—
(d) After reviewing the appeal submitted under paragraph (c) of this (a) Sludge from on-board fuel and lubricating oil processing in the
section, the Chief, Marine Safety and Environmental Protection issues a amount of 10 metric tons (11 short tons);
ruling which is final agency action. (b) Oily bilge water in the amount of 10 metric tons (11 short tons) or
(e) If the delay in presenting a written appeal has an adverse impact on 2 metric tons (2.2 short tons) multiplied by the dally vessel average, which
the operations of the appellant, the appeal under paragraph (b) or (c) of this ever quantify is greater;
section— (c) Oily ballast in the amount of 30% of the deadweight tonnage of the
(1) May be presented orally; and largest of the oceangoing tankers loading oil other than crude oil or bunker
(2) Must be submitted in writing within five days after the oral oil, at the port or terminal, that do not have CBT or SBT meeting Part 157
presentation— of this chapter, multiplied by one or the daily vessel average, whichever
(i) With the basis for the appeal and a summary of the material presented quantify is greater; and
orally; and (d) Cargo residue in the amount of 0.2% of the total cargo capacity of
(ii) To the same Coast Guard official who heard the oral presentation. the largest of the oceangoing tankers loading oil other than crude oil or
[CGD 85-010, 52 FR 7761, Mar. 12, 1987, as amended by CGD 96-028, 61 FR bunker oil, at the port or terminal, multiplied by one or the daily vessel
33668, June 28, 1996] average, whichever quantify is greater.
[CGD 78-035, 50 FR 36793, Sept. 9, 1985, as amended by CGD 85-010, 52 FR
Subpart B—Criteria for Reception Facilities:
7764. Mar. 12, 1987]
Residues and Mixtures Containing Oil
SOURCE: CGD 78-035,50 FR 36793, Sept 9,1985, unless otherwise noted.
158.230 Ports and terminals other than ports and terminals under
§§ 158.210, 158.220, and 158.240.
158.200 General. Reception facilities to ports and terminals other than those under §§
(a) Except as allowed in paragraph (b) of this section, the facility used 158.210, 158.220, and 158.240 of this subpart and those that are used
to meet Regulation 12 of Annex I to MARPOL 73/78 must— exclusively by non-self-propelled tank barges, must have the capacity for
(1) Be a reception facility as defined under §158.120 that is available at receiving—
the port or terminal; (a) Sludge from on-board fuel and lubricating oil processing in the
(2) Hold each Federal, State, and local permit and license required by amount of 10 metric tons (11 short tons), or 1 metric ton (1.1 short tons)
environmental laws and regulations concerning residues and mixtures multiplied by the daily vessel average, whichever quantify is greater; and
containing oil; and (b) Oily bilge water in the amount of 10 metric tons (11 short tons) or
(3) Be capable of— 2 metric tons (2.2 short tons) multiplied by the daily vessel average,
(i) Receiving residues and mixtures containing oil from oceangoing ships
whichever quantify is greater.
within 24 hours after notice by that ship;
[CGD 78-035, 50 FR 36793, Sept. 9. 1985, as amended by CGD 85-010, 52 FR
(ii) Completing the reception of oily ballast from the ship in less than 10
7764, Mar. 12, 1987]
hours after waste transfer operations begin; and
(iii) Completing the reception of other residues and mixtures containing
oil in less than 4 hours after the transfer operation begins. 158.240 Ship repair yards.
(b) Reception facilities for ship repair yards do not have to meet The reception facility that services oceangoing ships using a ship repair
paragraphs (a)(3)(i) through (a)(3)(iii) of this section, but must be capable yard must have a capacity for receiving—
of completing transfer of residues and mixtures containing oil from each (a) An amount of ballast from bunker tanks, and the wash water and
oceangoing ship before the ship departs from the ship repair yard. residues from the cleaning of bunker tanks and sludge tanks, equal to 8%
[CGD 78-035, 50 FR 36793, Sept.9, 1985, as amended by CGD 85-010, 52 FR of the bunker capacity of the largest oceangoing ship serviced;
7764, Mar. 12, 1987] (b) An amount of oily solids from cargo tanks equal to 0.1% of the
deadweight tonnage of the largest oceangoing tanker serviced;
158.210 Ports and terminals loading crude oil. (c) An amount of oily ballast water and wash water from in-port tank
The reception facility for a crude oil loading port or terminal must have washing equal to—
the capacity for receiving— (1) 1,500 metric tons (1,650 short tons), or,
(a) Sludge from on-board fuel and lubricating oil processing in the (2) 4½ % of the deadweight tonnage of the largest oceangoing tanker
amount of 10 metric tons (11 short tons); serviced; and
(b) Oily bilge water in the amount of 10 metric tons (11 short tons) or (d) An amount of liquid cargo residues based on the following
2 metric tons (2.2 short tons) multiplied by the daily vessel average, percentages of deadweight tonnage of the largest oceangoing tanker
whichever quantify is greater; and serviced:
(1) For crude oil oceangoing tankers, 1%.
(2) For black product oceangoing tankers, 0.5%
(3) For white product oceangoing tankers, 0.2%
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M.E.T. PUBLICATION 515 — 5TH EDITION
Sewage means human body wastes and the wastes from toilets and other 1980, that has a label placed on it under §159.16 or that is certified under
receptacles intended to receive or retain body waste. §159.12;
Territorial seas means the belt of the seas measured from the line of (c) After January 30, 1980, no person may operate any existing vessel
ordinary low water along that portion of the coast which is in direct contact equipped with installed toilet facilities unless it is equipped with:
with the open sea and the line marking the seaward limit of inland waters, (1) An operable Type II or in device that has a label placed on it under
and extending seaward a distance of 3 miles. §159.16 or that is certified under §159.12 or §159.12a; or
Type I marine sanitation device means a device that, under the test (2) An operable Type I device installed on the vessel before January 31,
conditions described in 159.123 and 159.125, produces an effluent having 1978, that has a label placed on it under §159.16 or that is certified under
a fecal coliform bacteria count not greater than 1,000 per 100 milliliters §159.12.
and no visible floating solids. Note: The EPA standards state that in freshwater lakes, freshwater
Type II marine sanitation device means a device that, under the test reservoirs or other freshwater impoundments whose inlets or outlets are
conditions described in 159.126 and 159.126a, produces an effluent having such as to prevent the ingress or egress by vessel traffic subject to this
a fecal coliform bacteria count not greater than 200 per 100 milliliters and regulation, or in rivers not capable of navigation by interstate vessel traffic
suspended solids not greater than 150 milligrams per liter. subject to this regulation, marine sanitation devices certified by the U.S.
Type III marine sanitation device means a device that is designed to Coast Guard installed on all vessels shall be designed and operated to
prevent the overboard discharge of treated or untreated sewage or any prevent the overboard discharge of sewage, treated or untreated, or of any
waste derived from sewage. waste derived from sewage. The EPA standards further state that this shall
Uninspected vessel means any vessel that is not required to be inspected not be construed to prohibit the carriage of Coast Guard-certified flow
under 46 CFR Chapter I. through treatment devices which have been secured so as to prevent such
United States includes the States, the District of Columbia, the discharges. They also state that waters where a Coast Guard-certified
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American marine sanitation device permitting discharge is allowed include coastal
Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands. waters and estuaries, the Great Lakes and interconnected waterways,
Vessel includes every description of watercraft or other artificial freshwater lakes and impoundments accessible through locks, and other
contrivance used, or capable of being used, as a means of transportation on flowing waters that are navigable interstate by vessels subject to this
the waters of the United States. regulation (40 CFR 140.3).
[CGD 73-83, 40 FR 4624, Jan. 30, 1975 as amended by CGD 75-213, 41 FR [CGD 75-213, 41 FR 15325 Apr. 12, 1978, as amended by CGD 75-145, 42 FR
15325, Apr. 12, 1978; 61 FR 33660, June 28, 1996] 11, Jan. 3, 1977]
159.59 Placard.
159.7 Requirements for vessel operators. Each device must have a placard suitable for posting on which is printed
(a) On and after January 30, 1977, no person may operate any new
the operating instructions, safety precautions, and warnings pertinent to the
vessel equipped with installed toilet facilities, unless it is equipped with an
device. The size of the letters printed on the placard must be one-eighth of
operable Type I, II or III device that has a label placed on it under
an inch or larger.
§159.16, or that is certified under §159.12 or §159.12a.
(b) After January 30, 1980, no person may operate any new vessel
equipped with installed toilet facilities unless it is equipped with:
(1) An operable Type II or III device that has a label placed on it under
§159.16 or that is certified under §159.12 or §159.12a; or
(2) An operable Type I device installed on the vessel before January 31,
160.5 Delegations.
Subpart A—General
(a) District Commanders and Captains of the Ports are delegated the
authority to establish safety zones.
160.1 Purpose. (b) Under the provisions of §§6.04-1 and 6.04-6 of this chapter. District
(a) This subchapter contains regulations implementing the Ports and Commanders and Captains of the Ports have been delegated authority to
Waterways Safety Act (33 U.S.C. 1221) and related statutes. establish security zones.
(c) Under the provisions of § 1 .05-1 of this chapter. District
160.3 Definitions. Commanders have been delegated authority to establish regulated
For the purposes of this subchapter. navigation areas.
Bulk means material in any quantify that is shipped, stored, or handled (d) Subject to the supervision of the cognizant Captain of the Port
without the benefit of package, label, mark or count and carried in integral and District Commander, Commanding Officers, Vessel Traffic
or fixed independent tanks. Services are delegated authority under 33 CFR 1.01 -30 to discharge the
Captain of the Port means the Coast Guard officer designated by the duties of the Captain of the Port that involve directing the operation,
Commandant to command a Captain of the Port Zone as described in part movement, and anchorage of vessels within a Vessel Traffic Service
3 of this chapter area including management of vessel traffic within anchorages,
regulated navigation areas and safety zones, and to enforce Vessel
Traffic Service and ports and waterways safety regulations. This
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M.E.T. PUBLICATION 515 — 5TH EDITION
(b) The District Commander or Captain of the Port determines that the vessels bound for or departing from ports or places in the United States.
vessel does not satisfy the conditions for vessel operation and cargo (b) This part does not apply to recreational vessels under 46 U.S.C. 4301
transfers specified in §160.113; or et seq. and, except 160.215, does not apply to:
(c) The District Commander or Captain of the Port has determined that (1) Passenger and supply vessels when they are employed in the
such order is justified in the interest of safety by reason of weather, exploration for or in the removal of oil, gas, or mineral resources on the
visibility, sea conditions, temporary port congestion, other temporary continental shelf, and
hazardous circumstances, or the condition of the vessel. (2) Oil Spill Recovery Vessels (OSRVs) when engaged in actual spill
response operations or during spill response exercises.
160.113 Prohibition of vessel operation and cargo transfers. (c) Section 160.207 does not apply to the following:
(a) Each District Commander or Captain of the Port may prohibit any (1) Each vessel of 300 gross tons or less, except a foreign vessel of 300
vessel subject to the provisions of section 4417a of the Revised Statutes (46 gross tons or less entering any port or place in the Seventh Coast Guard
U.S.C. 39 la) from operating in the navigable waters of the United States, District as described by 3.35-l(b) of this chapter.
or from transferring cargo or residue in any port or place under the (2) Each vessel operating exclusively within a Captain of the Port zone.
(3) Each vessel operating upon a route that is described in a schedule
jurisdiction of the United States, and within the district or zone of that
that is submitted to the Captain of the Port for each port or place of
District Commander or Captain of the Port, if the District Commander or
destination listed in the schedule at least 24 hours in advance of the first
the Captain of the Port determines that the vessel's history of accidents,
date and time of arrival listed on the schedule and contains:
pollution incidents, or serious repair problems creates reason to believe that
(i) Name of the vessel;
the vessel may be unsafe or pose a threat to the marine environment
(ii) Country of registry of the vessel;
(b) The authority to issue orders prohibiting operation of the vessels or (iii) Call sign of the vessel;
transfer of cargo or residue under paragraph (a) of this section also applies (iv) International Maritime Organization (IMO) international number or,
if the vessel: if the vessel does not have an assigned IMO international number, the
(1) Fails to comply with any applicable regulation; official number of the vessel;
(2) Discharges oil or hazardous material in violation of any law or treaty (v) Name of the registered owner of the vessel;
of the United States; (vi) Name of the operator of the vessel;
(3) Does not comply with applicable vessel traffic service requirements; (vii) Name of the classification society of the vessel;
(4) While underway, does not have at least one licensed deck officer on (viii) Each port or place of destination;
the navigation bridge who is capable of communicating in the English (ix) Estimated dates and times of arrivals at and departures from these
language. ports or places; and
(c) When a vessel has been prohibited from operating in the navigable (x) Name and telephone number of a 24-hour point of contact
waters of the United States under paragraphs (a) or (b) of this section, the (4) Each vessel arriving at a port or place under force majeure.
District Commander or Captain of the Port may allow provisional entry (5) Each vessel entering a port of call in the United States in compliance
into the navigable waters of the United States, or into any port or place with the Automated Mutual Assistance Vessel Rescue System (AMVER).
under the jurisdiction of the United States and within the district or zone (6) Each vessel entering a port of call in the United States in compliance
of that District Commander or Captain of the Port, if the owner or operator with the U.S. Flag Merchant Vessel Locator Filing System (USMER).
of such vessel proves to the satisfaction of the District Commander or (7) Each barge.
Captain of the Port, that the vessel is not unsafe or does not pose a threat (8) Each public vessel.
to the marine environment, and that such entry is necessary for the safety (9) United States or Canadian flag vessels, except tank vessels or vessels
of the vessel or the persons on board. carrying certain dangerous cargo, which operate solely on the Great Lakes.
(d) A vessel which has been prohibited from operating in the navigable (d) Sections 160.207, 160.211, and 160.213 apply to each vessel upon
waters of the United States, or from transferring cargo or residue in a port the waters of the Mississippi River between its mouth and mile 235, Lower
or place under the jurisdiction of the United States under the provisions of Mississippi River, above Head of Passes. Sections 160.207, 160.211, and
paragraph (a) or (b)(1), (2) or (3) of this section, may be allowed 160.213 do not apply to each vessel upon the waters of the Mississippi
provisional entry if the owner or operator proves, to the satisfaction of the River between its sources and mile 235, above Head of Passes, and all the
District Commander or Captain of the Port that has jurisdiction, that the tributaries emptying thereinto and their tributaries, and that part of the
vessel is no longer unsafe or a threat to the environment, and that the Atchafalaya River above its junction with the Plaquemine-Morgan City
condition which gave rise to the prohibition no longer exists. alternate waterway, and the Red River of the North.
[CGD 79-028, 48 FR 35-404; Aug. 4, 1983, as amended by CGD 96-028, 61 FR [CGD 79-028, 48 FR 35404; Aug. 4, 1983, as amended by CGD 86-055; 54 FR
33588, June 28, 1996] 14078, Apr. 7, 1989; 61 FR 33660, Jan. 28, 1996; 61 FR 50234, Sept. 25, 1996]
PAGE 3
33 CFR PART 160
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M.E.T. PUBLICATION 515 — 5TH EDITION
(c) Highway route controlled quantify radioactive material, as defined in 160.207 Notice of arrival: Vessels bound for ports or places in the
49 CFR 173.403(1), or Fissile Class III shipments of fissile radioactive United States.
material, as defined in 49 CFR 173.455(a)(3). (a) The owner, agent, master, operator, or person in charge of a vessel
(d) Each cargo under Table 1 of 46 CFR Part 153 when carried in bulk. on a voyage of 24 hours or more shall report under paragraph (c) of this
(e) Any of the following when carried in bulk: section at least 24 hours before entering the port or place of destination.
Acetaldehyde (b) The owner, agent, master, operator, or person in charge of a vessel
Ammonia, anhydrous
on a voyage of less than 24 hours shall report under paragraph (c) of this
Butadiene
section before departing the port or place of departure.
Butane
Butene (c) The Captain of the Port of the port or place of destination in the
Butylene Oxide United States must be notified of:
Chlorine (1) Name of the vessel;
Ethane (2) Country of registry of the vessel;
Ethylene (3) Call sign of the vessel;
Ethylene Oxide (4) International Maritime Organization (IMO) international number or,
Methane if the vessel does not have an assigned IMO international number, the
Methyl Acetylene, Propadiene Mixture, Stabilized official number of the vessel;
Methyl Bromide (5) Name of the registered owner of the vessel;
Methyl Chloride (6) Name of the operator of the vessel;
Phosphorous, elemental (7) Name of the classification society of the vessel;
Propane (8) Name of the port or place of departure;
Propylene (9) Name of the port or place of destination;
Sulfur Dioxide (10) Estimated date and time of arrival at this port or place; and
Vinyl Chloride (11) Name and telephone number of a 24-hour point of contact
Great Lakes means Lakes Superior, Michigan, Huron, Erie, and Ontario, [CGD 73-026, 48 FR 35404; Aug. 4, 1983, as amended by CGD 86-055, 54 FR
their connecting and tributary waters, the Saint Lawrence River as far as
14078, Apr. 7, 1989; CGD 94-027, 59 FR 39460, Aug. 3,1994; CGD 91-045, 59 FR
Saint Regis, and adjacent port areas.
40189, Aug. 5, 1994; 61 FR 47060, Sept. 6, 1996; 61 FR 50232, September 25,
Gross tons means the tonnage determined by the tonnage authorities of
a vessel's flag state in accordance with the national tonnage rules in force 1996]
before the entry into force of the International Convention on Tonnage
Measurement of Ships, 1969 ("Convention"). For a vessel measured only 160.209 [Reserved]
under Annex I of the Convention, gross tons means that tonnage. For a
vessel measured under both systems, the higher gross tonnage is the 160.211 Notice of arrival: Vessels carrying certain dangerous cargo.
tonnage used for the purposes of the 300-gross-ton threshold. (a) The owner, agent, master, operator, or person in charge of a vessel,
Hazardous condition means any condition that may adversely affect (1) except a barge, bound for a port or place in the United States and
the safety of any vessel, bridge, structure, or shore area or (2) the carrying certain dangerous cargo, shall notify the Captain of the Port
environmental qualify of any port, harbor, or navigable waterway of the of the port or place of destination at least 24 hours before entering that
United States. It may—but need not—involve collision, allision, fire, port or place of the:
explosion, grounding, leaking, damage injury or illness of a person aboard, (1) Name of the vessel;
or manning-shortage. (2) Country of registry of the vessel;
Operator means any person including, but not limited to, an owner, a (3) Call sign of the vessel;
demise- (bareboat-) charterer, or another contractor who conducts, or is (4) International Maritime Organization (IMO) international number or,
responsible for, the operation of a vessel. if the vessel does not have an assigned IMO international number, the
Port or place of departure means any port or place in which a vessel is official number of the vessel;
anchored or moored. (5) Name of the registered owner of the vessel;
Port or place of destination means any port or place to which a vessel (6) Name of the operator of the vessel;
is bound to anchor or moor. (7) Name of the classification society of the vessel;
Public vessel means a vessel that is owned or demise- (bareboat-) (8) Name of the port or place of departure;
chartered by the government of the United Slates, by a State or local (9) Name of the port or place of destination;
government, or by the government of a foreign country and that is not (10) Estimated date and time of arrival at this port or place;
(11) Name and telephone number of a 24-hour point of contact;
engaged in commercial service.
(12) Location of the vessel at the time of the report;
[CGD 79-026, 48 FR 35404, Aug. 4,1983, as amended by CGD 84-039, 50 FR
(13) Name of each of the certain dangerous cargoes carried;
8614, Mar. 4, 1995; 50 FR 9426, Mar. 8, 1985; CGD 94-027, 59 FR 33459, Aug. (14) Amount of each of the certain dangerous cargoes carried;
3,1994; CGD 32-050, 59 FR 39968, Aug. 5, 1994; 61 FR 47060, Sept. 6, 1996; 61 (15) Stowage location of each of the certain dangerous cargoes carried;
FR 50234, Sept. 25, 1996] and
(16) Operational condition of the equipment under 164.35 of this chapter.
(b) The owner, agent, master, operator, or person in charge of a barge
160.205 Waivers. bound for a port or place in the United States carrying certain dangerous
The Captain of the Port may waive, within that Captain of the Port's cargo shall report the information required in paragraphs (a)(1) through
designated zone, any of the requirements of this subpart for any vessel or (a)(4) and (a)(8) through (16) of this section to the Captain of the Port of
class of vessels upon finding that the vessel, route, area of operations, the port or place of destination at least 4 hours before entering that port or
conditions of the voyage, or other circumstances are such that application place.
of this subpart is unnecessary or impractical for purposes of safety, [CGD 79-026, 48 FR 35404; Aug. 4, 1983, as amended by CGD 86-055 54 FR
environmental protection, or national security. 14078, Apr. 7, 1989; CGD 94-027, 59 FR 39460, Aug. 3,1994; 61 FR 50232, Sept.
25, 1996]
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M.E.T. PUBLICATION 515 — 5TH EDITION
TITLE 33
Subpart A—Vessel Traffic Services
CODE OF FEDERAL REGULATIONS
PART 161 - VESSEL TRAFFIC General Rules
MANAGEMENT 161.1 Purpose and Intent
(a) The purpose of this part is to promulgate regulations implementing
and enforcing certain sections of the Ports and Waterways Safety Act
[MET Editorial Note: This page shows the entire Table of Contents for this "Part." (PWSA) setting up a national system of Vessel Traffic Services that will
However, we reprinted only those subparts and sections of concern to foreign enhance navigation, vessel safety, and marine environmental protection,
vessels. If you need additional information listed in this Table of Contents that does and promote safe vessel movement by reducing the potential for collisions,
not appear in the pages that follow, please write or fax us. We will be glad to furnish rammings, and groundings, and the loss of lives and property associated
this information for a small service charge] with these incidents within VTS areas established hereunder
(b) Vessel Traffic Services provide the mariner with information
TABLE OF CONTENTS related to the safe navigation of a waterway. This information, coupled
with the mariner's compliance with the provisions set forth in this part,
Subpart A—Vessel Traffic Services enhances the safe routing of vessels through congested waterways or
waterways of particular hazard. Under certain circumstances, a VTS
General Rules may issue directions to control the movement of vessels in order to
161.1 Purpose and Intent. minimize the risk of collision between vessels, or damage to property
161.2 Definitions or the environment.
161.3 Applicability. (c) The owner, operator, charterer, master, or person directing the
movement of a vessel remains at all times responsible for the manner in
161.4 Requirement to carry the rules
which the vessel is operated and maneuvered, and is responsible for the
161.5 Deviations from the rules.
safe navigation of the vessel under all circumstances. Compliance with
these rules or with a direction of the VTS is at all times contingent upon
Services, VTS Measures, and Operating Requirements
the exigencies of safe navigation.
161.10 Services
(d) Nothing in this part is intended to relieve any vessel, owner, operator,
161.11 VTS measures
charterer, master, or person directing the movement of a vessel from the
161.12 Vessel operating requirements.
consequences of any neglect to comply with this part or any other
161.13 VTS Special Area Operating Requirements.
applicable law or regulation (e.g., the International Regulations for
Prevention of Collisions at Sea, 1972 (72 COLREGS) or the Inland
Subpart B—Vessel Movement Reporting System
Navigation Rules) or of the neglect of any precaution which may be
161.15 Purpose and intent. required by the ordinary practice of seamen, or by the special
161.16 Applicability. circumstances of the case.
161.17 Definitions.
161.18 Reporting requirements.
161.2 Definitions.
161.19 Sailing Plan (SP).
For the purposes of this part.
161.20 Position Report (PR). Cooperative Vessel Traffic Services (CVTS) means the system of
161.21 Sailing Plan Deviation Report (DR)
vessel traffic management established and jointly operated by the
161.22 Final Report (FR)
United States and Canada within adjoining waters. In addition, CVTS
161.23 Reporting exemptions. facilitates traffic movement and anchorages, avoids jurisdictional
disputes, and renders assistance in emergencies in adjoining United
Subpart C—Vessel Traffic Service Areas, Cooperative Vessel Traffic States and Canadian waters.
Service Area, Vessel Traffic Service Special Areas and Reporting
Hazardous Vessel Operating Condition means any condition related to
Points
a vessel's ability to safely navigate or maneuver, and includes, but is not
161.25 Vessel Traffic Service New York Area. limited to:
161.30 Vessel Traffic Service Louisville (1) The absence or malfunction of vessel operating equipment, such as
161.35 Vessel Traffic Service Houston/Galveston propulsion machinery, steering gear, radar system, gyrocompass, depth
161.40 Vessel Traffic Service Berwick Bay. sounding device, automatic radar plotting aid (ARPA), radiotelephone,
161.45 Vessel Traffic Service St. Marys River. automated dependent surveillance equipment, navigational lighting, sound
161.50 Vessel Traffic Service San Francisco signaling devices or similar equipment
161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel (2) Any condition on board the vessel likely to impair navigation, such
Traffic Service for the Juan de Fuca Region. as lack of current nautical charts and publications, personnel shortage, or
161.60 Vessel Traffic Service Prince William Sound similar condition.
(3) Vessel characteristics that affect or restrict maneuverability, such as
AUTHORITY 33 U.S.C. 1231, 33 U.S.C. 1223; 49 CFR 1 46. cargo arrangement, trim, loaded condition, underkeel clearance, speed, or
SOURCE CGD 90-020, 59 FR 36324, July 15, 1994, unless otherwise similar characteristics
noted Precautionary Area means a routing measure comprising an area within
defined limits where vessels must navigate with particular caution and
within which the direction of traffic may be recommended.
Towing Vessel means any commercial vessel engaged in lowing another
vessel astern, alongside, or by pushing ahead.
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M.E.T. PUBLICATION 515 — 5TH EDITION
Table 161.12(b).—Vessel Traffic Services (VTS) Call Signs, Designated Frequencies, and Monitoring Areas
Designated1 frequency
Vessel traffic services (call sign) Monitoring area
(channel designation)
New York2
New York Traffic3 156.550 MHz (Ch. 11) and The navigable waters of the Lower New York Harbor bounded on the east
156.700 MHz (Ch. 14) by a line drawn from Norton Point to Breezy Point; on the south by a line
connecting the entrance buoys at the Ambrose Channel, Swash Channel and
Sandy Hook Channel to Sandy Hook Point; and on the southeast including
the waters of the Sandy Hook Bay south to a line drawn at latitude 40°25' N;
then west into waters of the Raritan Bay to the Raritan River Rail Road
Bridge; and then north including the waters of the Arthur Kill and Newark
Bay to the Lehigh Valley Draw Bridge at latitude 40°41.95'N.; and then east
including the waters of the Kill Van Hull and Upper New York Bay north to
a line drawn east-west from the Holland Tunnel Ventilator Shaft at latitude
40°43.7'N.; longitude 74°01.6'W. in the Hudson River; and continuing east
including the waters of the East River to the Throgs Neck Bridge, excluding
the Harlem River.
156.600 MHz (Ch. 12) Each vessel at anchor within the above areas.
Houston2 The navigable waters north of 29°N., west of 94°20'W., south of 29°49'N.,
and east of 95°20'W.
Houston Traffic 156.550 MHz (Ch. 11) The navigable waters north of a line extending due west from the southern
most end of Exxon Dock #l (29°43.37'N., 95°01.27'W.).
156.600 MHz (Ch. 12) The navigable waters south of a line extending due west from the southern
most end of Exxon Dock #1 (29°4337'N., 95°01.27'W.).
Berwick Bay
Berwick Traffic 156.550 MHz (Ch. 11) The navigable waters south of 29°45'N., west of 91°10'W., north of
29°37'N., and east of 91°18'W.
St. Marys River
Soo Control 156.600 MHz (Ch. 12) The navigable waters of the St. Marys River between 45°57'N. (De Tour
Reef Light) and 46°38.7'N. (Ile Parisienne Light), except the St. Marys Falls
Canal and those navigable waters east of a line from 46°04.16'N. and
46°01.57'N. (La Pointe to Sims Point in Potagannissing Bay and Worsley
Bay).
San Francisco2
San Francisco Offshore Vessel Movement 156.600 MHz (Ch. 12) The waters within a 38 nautical mile radius of Mount Tamalpais (37°55.8'N.,
122°34.6'W.) excluding the San Francisco Offshore Precautionary Area.
Reporting Service San Francisco Traffic. 156.700 MHz (Ch. 14) The waters of the San Francisco Offshore Precautionary Area eastward to
Francisco Bay including its tributaries extending to the ports of Stockton,
Sacramento and Redwood City.
Puget Sound4
Seattle Traffic5 156.700 MHz (Ch. 14) The navigable waters of Puget Sound, Hood Canal and adjacent waters south
of a line connecting Marrowstone Point and Lagoon Point in Admiralty Inlet
and south of a line drawn due east from the southernmost tip of Possession
Point on Whidbey Island to the shoreline.
156.250 MHz (Ch. 5A) The navigable waters of the Strait of Juan de Fuca east of 124°40'W. ex-
cluding the waters in the central portion of the Strait of Juan de Fuca north
and east of Race Rocks; the navigable waters of the Strait of Georgia cast of
122°52'W.; the San Juan Island Archipelago, Rosario Strait, Bellingham Bay;
Admiralty of Juan de Fuca north and east of Race Rocks; the navigable
waters of the Strait of Georgia east of 122°52'W.; the San Juan Island
Archipelago, Rosario Strait, Bellingham Bay; Admiralty Inlet north of a line
connecting Marrowstone Point and Lagoon Point and all waters east of
Whidbey Island north of a line drawn due east from the southernmost tip of
Possession Point on Whidbey island to the shoreline.
Tofino Traffic6 156.725 MHz (Ch. 74) The waters west of 124°40'W. within 50 nautical miles of the coast of
Vancouver Island including the waters north of 48°N., and east of 127°W.
Vancouver Traffic 156.550 MHz (Ch. 11) The navigable waters of the Strait of Georgia west of 122°52'W., the
navigable waters of the central Strait of Juan de Fuca north and east of Race
Rocks, including the Gulf Island Archipelago, Boundary Pass and Haro Strait
Prince William Sound7
Valdez Traffic 156.650 MHz (Ch. 13) The navigable waters south of 61°05'N., east of 147°20'W., north of 60°N.,
and west of 146°30'W.; and, all navigable waters in Port Valdez.
Louisville7
Louisville Traffic 156.650 MHz (Ch. 13) The navigable waters of the Ohio River between McAlpine Locks (Mile 606)
and Twelve Mile Island (Mile 593), only when the McAlpine upper pool
gauge is at approximately 13.0 feet or above.
Notes:
1
In the event of a communication failure either by the vessel traffic center or the vessel or radio congestion on a designated VTS frequency, communications
may be established on an alternate VTS frequency. The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is monitored in each VTS
area; and it may be used as an alternate frequency, however, only to the extent that doing so provides a level of safety beyond that provided by other means.
2
Designated frequency monitoring is required within U.S. navigable waters. In areas which are outside the U.S. navigable waters, designated frequency
monitoring is voluntary. However, prospective VTS Users are encouraged to monitor the designated frequency.
3
VMRS participants shall make their initial report (Sail Plan) to New York Traffic on Channel 11 (156.550 MHz). All other reports, including the Final
Report, shall be made on Channel 14 (156.700 MHz). VMRS and other VTS Users shall monitor Channel 14 (156.700 MHz) while transiting the VTS
area. New York Traffic may direct a vessel to monitor and report on either primary frequency depending on traffic density, weather conditions, or other
safety factors. This does not require a vessel to monitor both primary frequencies.
4
A Cooperative Vessel Traffic Service was established by the Untied States and Canada within adjoining waters. The appropriate vessel traffic Center
administers the rules issued by both nations; however, it will enforce only its own set of rules within its jurisdiction.
5
Seattle traffic may direct a vessel to monitor the other primary VTS frequency 156.250 MHz or 156.700 MHz (Channel 5A or 14) depending on traffic
density, weather conditions, or other safety factors, rather than strictly adhering to the designated frequency required for each monitoring area as defined
above. This does not require a vessel to monitor both primary frequencies.
6
A portion of Tofino Sector's monitoring area extends beyond the defined CVTS area. Designated frequency monitoring is voluntary in these portions outside
of VTS jurisdiction, however, prospective VTS Users are encouraged to monitor the designated frequency.
7
The bridge-to-bridge navigational frequency, 156.650 MHz (Channel 13), is used in these VTSs because the level of radiotelephone transmissions does
not warrant a designated VTS frequency. The listening watch required by 26.05 of this chapter is not limited to the monitoring area.
(c) As soon as is practicable, a VTS User shall notify the VTS of any of is essential to achieve the objectives of the VMRS. These reports are
the following: consolidated into four reports (sailing plan, position, salting plan deviation
(1) A marine casualty as defined in 46 CFR 4.05-1; and final).
(2) Involvement in the ramming of a fixed or floating object;
(3) A pollution incident as defined in §151.15 of this chapter; 161.16 Applicability.
(4) A defect or discrepancy in an aid to navigation;
The provisions of this subpart shall apply to the following VMRS Users:
(5) A hazardous condition as defined in §160.203 of this chapter;
(a) Every power-driven vessel of 40 meters (approximately 131 feet) or
(6) Improper operation of vessel equipment required by Part 164 of this
more in length, while navigating;
chapter;
(b) Every towing vessel of 8 meters (approximately 26 feet) or more in
(7) A situation involving hazardous materials for which a report is
length, while navigating; or
required by 49 CFR 176.48; and
(c) Every vessel certificated to carry 50 or more passengers for hire,
(8) A hazardous vessel operating condition as defined in §161.2.
when engaged in trade.
[CGD 90-20, 59 FR 36324, July 15, 1994; as amended by CGD 95-033, 60 FR
28329, May 31, 1995; 61 FR 45323, Aug. 29, 1996]
161.17 Definitions.
As used in this subpart
161.13 VTS Special Area Operating Requirements. Published means available in a widely-distributed and publicly available
The following operating requirements apply within a VTS Special Area: medium (e.g., VTS User's Manual, ferry schedule. Notice to Mariners).
(a) A VTS User shall, if towing astern, do so with as short a hawser as
safety and good seamanship permits. 161.18 Reporting requirements.
(b) A VMRS User shall: (a) A VTS may: (1) Direct a vessel to provide any of the information set
(1) Not enter or get underway in the area without prior approval of the forth in Table 161.18(a) (IMO Standard Ship Reporting System);
VTS;
(2) Not enter a VTS Special Area if a hazardous vessel operating Table 161.18(a).—The IMO Standard Ship Reporting System
condition or circumstance exists;
(3) Not meet, cross, or overtake any other VMRS User in the area
without prior approval of the VTS; and A ALPHA Ship Name, call sign or ship station
(4) Before meeting, crossing, or overtaking any other VMRS User in the identify, and flag.
area, communicate on the designated vessel bridge-to-bridge radiotelephone B BRAVO Dates and time A 6 digit group giving day of
frequency, intended navigation movements, and any other information of event month (first two digits), hours
necessary in order to make safe passing arrangements. This requirement and minutes (last four digits).
does not relieve a vessel of any duty prescribed by the International If other than UTC state time
Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or zone used.
the Inland Navigation Rules. C CHARLIE Position A 4 digit group giving latitude
in degrees and minutes
Subpart B - Vessel Movement Reporting System suffixed with N (north) or S
(VMRS). (south) and a 5 digit group
giving longitude in degrees
and minutes suffixed with E
161.15 Purpose and intent (east) or W (west); or.
(a) A Vessel Movement Reporting System (VMRS) is a system used to D DELTA Position True bearing (first 3 digits) and
manage and track vessel movements within a VTS area. This is distance (state distance) in
accomplished by requiring that vessels provide information under cal miles from a clearly identi-
established procedures as set forth in this part, or as directed by the VTS. fied landmark (state landmark).
(b) To avoid imposing an undue reporting burden or unduly congesting E ECHO True course A 3 digit group.
radiotelephone frequencies, reports shall be limited to information which F FOXTROT Speed in knots and A 3 digit group.
tenths of knots
PAGE 6
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M.E.T. PUBLICATION 515 — 5TH EDITION
Table 161.35 (c) - VTS Houston/Galveston Reporting Points
Designator Geographic name Geographic description Latitude/longitude Notes
1 ………… Galveston Bay Entrance Galveston Bay Entrance 29°18.4'N; 94°37.6'W.
CH Lighted Buoy (LB)
"GB".
2 ................ Galveston Bay Entrance Galveston Bay Entrance 29°20.6'N; 94°44.6'W.
Channel Channel LB 11 and 12
E ................ Bolivar Land Cut ..... Mile 349 Intracoastal 29°22.5'N; 94°46.9'W. Tows entering HSC also
Waterway (ICW) report at HSC LB 25 &
26.
W ............... Pelican Cut ......... Mile 351 ICW ....... 29°21.4'N; 94°48.5'W. Tow entering HSC also
report at HSC LB 25 &
26.
GCG ............. USCG Base. At the en- 29°20.0'N; 94°46.5'W.
trance to Galveston
Harbor
T ................ Texas City Channel . . . Texas City Channel LB 12 29°22.4'N; 94°50.9'W.
X ................ Houston Ship Channel Houston Ship Channel 29°22.1'N; 94°48.1'W. Tow entering HSC from
ICW Intersection .... (HSC) LB 25 and 26 ICW or Texas Cut Only.
3 ................ Lower Galveston Bay . . HSC LB 31 and 32 .... 29°23.5'N; 94°48.8'W.
4 ................ Red Fish Bar ........ HSC Lt 53A & 54A . . 29°30.3'N; 94°52.4'W.
P ................ Bayport Ship Channel . . Bayport Ship Channel Lt. 29°36.8'N; 94°59.5'W; Report at the North Land
7 and 8 Cut
4A ............... Upper Galveston Bay . . HSC Buoys 69 and 70 . 29°34.7'N; 94°55.8'W. Tows only.
5 ................ Morgan's Point ...... Harbour's Cut ....... 29°41.0'N; 94°58.9'W. Abeam Barbours Cut
6 ................ Exxon ............. Baytown Bend ....... 29°43.5'N; 95°01.4'W.
7 ................ Lynchburg .......... Ferry crossing ....... 29°45.8'N; 95°04.8'W.
8 ................ Shell Oil ........... Boggy Bayou ........ 29°44.1'N; 95°08.0'W.
9 ................ Greens Bayou ....... 29°44.8'N; 95°10.1'W.
10 ............... Hess Turning Basin . . . Hunting Bayou Turning 29°443'N; 95°12.1'W.
Basin
11 ............... Lyondell Turning Basin. Sims Bayou Turning Basin 29°43.2'N; 95°14.4'W.
12 ............... 1-610 Bridge ........ 1-610 Bridge ........ 29°43.5'N; 95°16.0'W.
13 ............... Houston Turning Basin . Buffalo Bayou ....... 29°45.0'N; 95°17.4'W.
[CGD 90-020, 59 FR 36324, July 15, 1994; as amended by CGD 95-033, 60 FR 28331, May 31, 1995]
[CGD 90-020, 59 FR 36324, July 15, 1994; as amended by CGD 95-033, 60 FR 28332, May 31, 1995]
[CGD 90-020, 59 FR 36324, July 15, 1994; as amended by CGD 95-033, 60 FR 28332, May 31, 1995]
(1) A vessel engaged in towing shall not impede the passage of a vessel
161.55 Vessel Traffic Service Puget Sound and the Cooperative Vessel of 40,000 dead weight tons or more.
Traffic Service for the Juan de Fuca Region. (2) A vessel of less than 40,000 dead weight tons is exempt from the
The Vessel Traffic Service Puget Sound area consists of the navigable provision set forth in §161.13(b)(1) of this part
waters of the United States bounded by a line drawn from the Washington (3) A vessel of less than 100 meters in length is exempt from the
State coastline at 48°23'08" N., 124°43'37" W. on Cape Flattery to the provisions set forth in §161.13(b)(3) of this part Approval will not be
Cape Flattery Light at 48°23'30" N., 124°44'12" W. on Tatoosh Island, granted for:
due west to the U.S. Territorial Sea Boundary; thence northward along the (i) A vessel of 100 meters or more in length to meet or overtake; or
U.S. Territorial Sea Boundary to its intersection with the U.S./Canada cross or operate within 2,000 yards (except when crossing astern) of a
International Boundary; thence east along the U.S./Canada International vessel of 40,000 dead weight tons or more; or
Boundary through the waters known as the Strait of Juan de Fuca, Haro (ii) A vessel of 40,000 dead weight tons or more to meet or overtake; or
Strait, Boundary Pass, and the Strait of Georgia to the Washington State cross or operate within 2,000 yards (except when crossing astern) of a
coastline at 49°00'06" N., 122°45'18" W. (International Boundary Range vessel of 100 meters or more in length.
C Rear Light). This area includes: Puget Sound, Hood Canal, Possession (e) Reporting Point Inbound vessels in the Strait of Juan de Fuca upon
Sound, the San Juan Island Archipelago, Rosario Strait, Guemes Channel, crossing 124°W.
Bellingham Bay, the U.S. waters of the Strait of Juan de Fuca and the
Strait of Georgia, and all waters adjacent to the above. 161.60 Vessel Traffic Service Prince William Sound.
(b) Vessel Traffic Service Puget Sound participates in a U.S./Canadian (a) The VTS area consists of the navigable waters of the United States
Cooperative Vessel Traffic Service (CVTS) to jointly manage vessel traffic north of a line drawn from Cane Hinchinbrook Light to Schooner Rock
in the Juan de Fuca Region. The CVTS for the Juan de Fuca Region Light, comprising that portion of Prince William Sound between 146°30'
consists of all waters of the Strait of Juan de Fuca and its offshore W. and 147°20' W. and includes Valdez Arm, Valdez Narrows and Port
approaches, southern Georgia Strait, the Gulf and San Juan Archipelagos, Valdez.
Rosario Strait, Boundary Pass and Haro Strait, bounded on the northwest (b) The Valdez Narrows VTS Special Area consists of those waters of
by 48°35'45" N.; and on the southwest by 48°23'30" N.; and on the west Valdez Ann, Valdez Narrows, and Port Valdez northeast of a line bearing
by the rhumb line joining 48°35'45" N., 124°47'30" W. with 48°23'30" 307° True from Tongue Point at 61°02'06" N., 146°40' W.; and southwest
N., 124°48'37" W.; and on the northeast in the Strait of Georgia, by a line of a line bearing 307° True from Entrance Island Light at 61°05'06" N.,
drawn along 49°N. from Vancouver Island to Semiahmoo Bay; and on the 146°36'42" W.
southeast, by a line drawn from McCurdy Point on the Quimper Peninsula (c) Additional VTS Special Area Operating Requirements. The following
to Point Partridge on Whidbey Island. Canadian and United States Vessel additional requirements are applicable in the Valdez Narrows VTS Special
Traffic Centers (Tofino, B.C., Canada, Vancouver, BC, Canada and Area:
Seattle, WA) manage traffic within the CVTS area irrespective of the (1) No VMRS User shall proceed north of 61°N. without prior approval
International Boundary. of the VTS.
(c) VTS Special Areas. (1) The Rosario Strait VTS Special Area consists (2) For a vessel listed in paragraph (c)(3) of this section—
of those waters bounded to the south by the center of Precautionary Area (i) Approval to enter this area will not be granted to a vessel when a
" 'RB' " (a circular area of 2,500 yards radius centered at 48°26'24" N., tank vessel of more than 20,000 deadweight tons is navigating therein;
122''45'12" W.), and to the north by the center of Precautionary Area (ii) A northbound vessel shall remain south of 61°N. until the VTS has
" 'C' " (a circular area of 2,500 yards radius centered at 48°40'34" N., granted permission to proceed; and
122°42'44" W.; Lighted Buoy "'C"'); and (iii) A southbound vessel shall remain in Port Valdez east of 146°35'W.
Note: The center of precautionary area " 'RB' " is not marked by a buoy. and north of 61°06'N. until the VTS has granted permission to proceed.
All precautionary areas are depicted on National Oceanic and Atmospheric (3) Paragraph (c)(2) of this section applies to—
Administration (NOAA) nautical charts. (i) A vessel of 1600 gross tons or more; and
(2) The Guemes Channel VTS Special Area consists of those waters (ii) A towing vessel of 8 meters or more in length, except for a
bounded to the west by Shannon Point on Fidalgo Island and to the east by vessel performing duties as an escort vessel as defined in 33 CFR Part
Southeast Point on Guemes Island. 168.
(d) Additional VTS Special Area Operating Requirements. The (d) Reporting Pointe. [MET Editorial Note: Table 161.35(d)-VTS
following additional requirements are applicable in the Rosario Strait and Prince William Sound Reporting Points CAN be found on the following page.]
Guemes Channel VTS Special Areas:
PAGE 8
33 CFR PART 161
312
M.E.T. PUBLICATION 515 — 5TH EDITION
[CGD 90-020, 59 FR 36324, July 15, 1994, as amended by CGD 95-033, 60 FR 28332, May 31, 1995]
PAGE 3
33 CFR PART 162
316
M.E.T. PUBLICATION 515 — 5TH EDITION
(7) Meeting and passing: Passing vessels shall give the proper signals waters, or any other structure or improvement likely to be damaged by
and pass in accordance with the International Rules, the Inland collision, suction, or wave action.
Rules and the Pilot Rules for Inland Waters, where applicable. At certain Note: The Corps of Engineers also has regulations dealing with this
intersections where strong currents may be encountered, sailing section in 33 CFR Part 207.
directions may be issued through navigation bulletins or signs posted
on each side of the intersections. 162.90 White River, Arkansas Post Canal, Arkansas River, and
Note: The Corps of Engineers also has regulations dealing with this Verdigris River between Mississippi River, Ark., and Catoosa, Okla.;
section in 33 CFR 207. use, administration, and navigation.
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 78-050, 45 FR (a) The regulations in this section shall apply to:
43167, June 26, 1980] (1) Waterways. White River between Mississippi River and Arkansas
Post Canal, Ark.; Arkansas Post Canal, Ark.; Arkansas River between
Arkansas Post Canal, Ark., and Verdigris River, Okla.; Verdigris River
162.80 Mississippi River below mouth of Ohio River, including South
between Arkansas River and Catoosa, Okla.; and reservoirs on these
and Southwest pusses.
(a) Mooring on the Mississippi River between miles 311.5 AHP and waterways between Mississippi River Ark., and Catoosa, Okla.
340.0 AHP. (2) Bridges, wharves and other structures. All bridges, wharves, and
(1) No vessel or craft shall moor along either bank of the Mississippi other structures in or over the waterways described in paragraph (a)(1) of
River between miles 311.5 AHP and mile 340.0 AHP except in case of an this section.
emergency, pursuant to an approved navigation permit, or as authorized by (3) Vessels and rafts. The term "vessels" as used in this section includes
the District Commander. Vessels may be moored any place outside the every description of watercraft used, or capable of being used, as a means
navigation channel in this reach in case of an emergency and then for only of transportation on water, other than rafts.
the minimum time required to terminate the emergency. When so moored, (b) Waterways:
(1) Fairway. A clear channel shall at all times be left open to permit free
all vessels shall be securely tied with bow and stem lines of sufficient
and unobstructed navigation by alt types of vessels and rafts that normally
strength and fastenings to withstand currents, winds, wave action, suction
use the various waterways or sections thereof. The District Commander
from passing vessels or any other forces which might cause the vessels to
may specify the width of the fairway required in the waterways under his
break their moorings. When vessels are so moored, a guard shall be on
charge.
board at all times to ensure that proper signals are displayed and that the
(2) Anchoring or mooring in waterway.
vessels are securely and adequately moored.
(i) No vessels or rafts shall anchor or moor in any of the land cuts or
(2) Vessels may be moored any time at facilities constructed in
other narrow parts of the waterway, except in an emergency. Whenever it
accordance with an approved navigation permit or as authorized by the
becomes necessary for a vessel or raft to stop in any such portions of the
District Commander. When so moored, each vessel shall have sufficient
waterway, it shall be securely fastened to one bank and as close to the bank
fastenings
as possible. This shall be done only at such a place and under such
to prevent the vessels from breaking loose by wind, current, wave action,
conditions as will not obstruct or prevent the passage of other vessels or
suction from passing vessels or any other forces which might cause the
rafts. Stoppages shall be only for such periods as may be necessary.
vessel to break its mooring. The number of vessels in one fleet and the
(ii) Except temporarily, as authorized in paragraph (b)(2)(i) of this
width of the fleet of vessels tied abreast shall not extend into the fairway
section, no vessel or raft will be allowed to use any portion of the fairway
or be greater than allowed under the permit
as a mooring place without written permission from the District
(3) Mariners should report immediately by radio or fastest available
Commander.
means to the lockmaster at Old River Lock or to any government patrol or
(iii) When tied up individually, all vessels shall be moored by bow and
survey boat in the vicinity any emergency mooring or vessels drifting
stem lines. Rafts and tows shall be secured at sufficiently close intervals to
uncontrolled within the area described in paragraph (a)(1) of this section.
insure their not being drawn away from the bank by winds, currents, or the
It is the responsibility and duty of the master of a towing vessel releasing
suction of passing vessels. Towlines shall be shortened so that the different
or mooring a vessel in this reach of the Mississippi River to report such
parts of the tow will be as close together as possible. In narrow sections,
action immediately.
no vessel or raft shall be tied abreast of another if the combined width of
(b) Mooring on Mississippi River below Baton Rouge, La; including
vessels or rafts is greater than 70 feet
South and Southwest Passes.
(iv) When a vessel is moored under an emergency condition, as provided
(1) When tied up individually or in fleets, vessels shall be moored with
in paragraph (b)(2)(i) of this section, at least one crew member shall remain
sufficient lines and shore fastenings to insure their remaining in place and
in attendance to display proper lights and signals and tend the mooring
withstanding the action of winds, currents and the suction of passing
lines. The crew member shall be provided with an adequate means of
vessels.
communication or signalling a warning in the event that, for any reason, the
Note: The Corps of Engineers also has regulations dealing with this
vessel or tow should go adrift. Immediately after completion of the
section in 33 CFR Part 207.
emergency mooring, the lockmaster of the first lock downstream shall be
(Sec. 7,38 Stat. 1053, as amended, (33 U.S.C. 471); Sec. 6(g)(1)(A) 80
notified of the character and cargo of the vessel and the location of such
Stat 937, (49 U.S.C. 1655(g)(1)(A); Sec. 12, 92 Stat. 1471, (33 U.S.C.
mooring.
1231); 49 CFR 1.46 (c)(1) and (n)(4))
(v) Vessels will not be permitted to load or unload in any of the land
[CGD 75-082, 42 FR 51759, Sept. 29, 1977, as amended by CGD 77-028, 46 FR
cuts, except at a regular established landing or wharf, without written
49851, Oct. 8, 1981; CGD8 87-09, 53 FR 15555 May 2, 1988] permission secured in advance from the District Commander.
(vi) Except in an emergency, no vessel or raft shall anchor over revetted
162.85 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth at banks of the waterway, nor shall any type vessel except launches and other
Kleinston Landing to Fisher Street; navigation. small craft land against banks protected by revetment except at regular
(a) Speed. Excessive speeding is prohibited. A vessel shall reduce its commercial landings.
speed sufficiently to prevent any damage when approaching another vessel (3) Speed.
in motion or tied up, a wharf or other structure, works under construction, (i) Excessive speed in narrow sections is prohibited. Official signs
plant engaged in river and harbor improvement, levees, floodwalls indicating limiting speeds through critical sections shall be strictly obeyed.
withstanding floodwaters, buildings submerged or partially submerged by
high
TITLE 33
CODE OF FEDERAL REGULATIONS
PART 163 - TOWING OF BARGES
[MET Editorial Note: This page shows the entire Table of Contents for this "Part."
However, we reprinted only those subparts and sections of concern to foreign
vessels. If you need additional information listed in this Table of Contents that
does not appear in the pages that follow, please write or fax us. We will be glad to
furnish this information for a small service charge]
TABLE OF CONTENTS
163.01 Application.
163.05 Tows of seagoing barges within inland waters.
163.20 Bunching of tows.
AUTHORITY: 33 U.S.C. 180, 30 Stat. 90; 49 CFR 1.46 (c) (2); 28 Stat-
647, 33 U.S.C. 258, 49 CFR 1.46 (c) (3); sec. 4233 R.S., 33 U.S.C. 322.
163.01 Application.
(a) The regulations in this part apply to vessels navigating the harbors,
rivers, and inland waters of the United States, except the Great Lakes and
their connecting and tributary waters as far east as Montreal, the Red River
of the North, the Mississippi River and its tributaries above Huey P. Long
Bridge, and that part of the Atchafalaya River above its junction with the
Plaquemine-Morgan City alternate waterway.
(b) Seagoing barges and their towing vessels shall be subject to the
requirements in this part under the provisions of section 14 of the Act of
May 28, 1908, as amended (sec. 14, 35 Stat. 428, as amended; 33 U.S.C.
152). Under the provisions of section 15 of the Act of May 28, 1908, as
amended (sec. 15, 35 Stat. 429; 33 U.S.C. 153), the penalty for use of an
unlawful towline shall be an action against the master of the towing vessel
seeking the suspension or revocation of his license.
[CGFR 60-61, 25 FR 9045, Sept. 21, 1960, as amended by CGFR 66-59, 31 FR
13647, Oct. 22, 1966. Redesignated by CGD 81-017, 46 FR 28154, May 26, 1981]
PAGE 1
33 CFR PART 164 328
M.E.T. PUBLICATION 515 — 5TH EDITION
(2) ITU-R Recommendation M.825, Characteristics of a (1) Current velocity and direction for the area to be transited are known
Transponder System Using Digital Selective-Calling by the person directing the movement of the vessel;
Techniques for Use with Vessel Traffic Services and (m) Predicted set and drift are known by the person directing movement
Ship-to—Ship Identification, 1992 ..........……………. 164.43 of the vessel;
Radio Technical Commission for Maritime Services, 655 Fifteenth Street, (n) Tidal state for the area to be transited is known by the person
NW., Suite 300, Washington, DC 20005 directing movement of the vessel;
(1) RTCM Paper 12-78/DO-100, Minimum Performance (o) The vessel's anchors are ready for letting go;
Standards, Loran C Receiving Equipment, 1977 ..…… 164.41 (p) The person directing the movement of the vessel sets the vessel's
(2) RTCM Paper 194-93/SC104-STD, RTCM Recommended speed with consideration for:
Standards for Differential NAVSTAR GPS Service, (1) The prevailing visibility and weather conditions;
Version 2.1, 1994 .......................……………………... 164.43 (2) The proximity of the vessel to fixed shore and marine structures;
(3) RTCM Paper 71-95/SC112-STD, RTCM Recommended (3) The tendency of the vessel underway to squat and suffer impairment
Standards for Marine Radar Equipment Installed on of maneuverability when there is small underkeel clearance;
Ships of Less Than 300 Tons Gross Tonnage, Version (4) The comparative proportions of the vessel and the channel;
1.1, October 10, 1995 ...................……………………. 164.72 (5) The density of marine traffic;
(4) RTCM Paper 191-93/SC112-X, RTCM Recommended (6) The damage that might be caused by the vessel's wake;
Standards for Maritime Radar Equipment Installed on (7) The strength and direction of the current; and
Ships of 300 Tons Gross Tonnage and Upwards, (8) Any local vessel speed limit;
Version 12, December 20, 1993 ............……………….164.72 (q) The tests required by §164.25 are made and recorded in the vessel's
log; and
[CGD 91-203, 58 FR 27532, May 10, 1993, as amended by CGD 83-043, 60 FR (r) The equipment required by this part is maintained in operable
24771, May 10, 1995; 60 FR 51733; Oct. 03, 1995; 61 FR 33660, June 28, 1996; condition.
(s) Upon entering U.S. waters, the steering wheel or lever on the
61 FR 35064, July 03, 1996]
navigating bridge is operated to determine if the steering equipment is
operating properly under manual control, unless the vessel has been steered
164.11 Navigation under way: General. under manual control from the navigating bridge within the preceding 2
The owner, master, or person in charge of each vessel underway shall hours, except when operating on the Great Lakes and their connecting and
ensure that: tributary waters.
(a) The wheelhouse is constantly manned by persons who: (t) At least two of the steering-gear power units on the vessel are in
(1) Direct and control the movement of the vessel; and operation when such units are capable of simultaneous operation, except
(2) Fix the vessel's position;
when the vessel is sailing on the Great Lakes and their connecting and
(b) Each person performing a duty described in paragraph (a) of this
tributary waters, and except as required by paragraph (u) of this section.
section is competent to perform that duty;
(u) On each passenger vessel meeting the requirements of the
(c) The position of the vessel at each fix is plotted on a chart of the area
International Convention for the Safety of Life at Sea, 1960 (SOLAS 60)
and the person directing the movement of the vessel is informed of the
and on each cargo vessel meeting the requirements of SOLAS 74 as
vessel's position;
amended in 1981, the number of steering-gear power unite necessary to
(d) Electronic and other navigational equipment, external fixed aids to
move the rudder from 35° on either side to 30° on the other in not more
navigation, geographic reference points, and hydrographic contours are
than 28 seconds must be in simultaneous operation.
used
[CGD 74-77, 42 FR 5956, Jan. 31, 1977, as amended by CGD 83-004; 49 FR
when fixing the vessel's position;
43466, Oct. 29, 1984; CGD 91-203, 58 FR 27633, May 10, 1993; CGD 83-043, 60
(e) Buoys alone are not used to fix the vessel's position;
FR 24771, May 10, 1995]
Note: Buoys are aids to navigation placed in approximate positions to
alert the mariner to hazards to navigation or to indicate the orientation of
a channel. Buoys may not maintain an exact position because strong or 164.13 Navigation underway: tankers.
varying currents, heavy seas, ice, and collisions with vessels can move or (a) As used in this section, "tanker" means a self-propelled tank vessel,
sink them or set them adrift Although buoys may corroborate a position including integrated tug barge combinations, constructed or adapted
fixed by other means, buoys cannot be used to fix a position: however, if primarily to carry oil or hazardous material in bulk in the cargo spaces and
no other aids are available, buoys alone may be used to establish an inspected and certificated as a tanker.
estimated position. (b) Each tanker must have an engineering watch capable of monitoring
(f) The danger of each closing visual or each closing radar contact is the propulsion system, communicating with the bridge, and implementing
evaluated and the person directing the movement of the vessel knows the manual control measures immediately when necessary. The watch must be
evaluation; physically present in the machinery spaces or in the main control space and
(g) Rudder orders are executed as given; must consist of at least a licensed engineer.
(h) Engine speed and direction orders are executed as given; (c) Each tanker must navigate with at least two licensed deck officers on
(i) Magnetic variation and deviation and gyrocompass errors are known watch on the bridge, one of whom may be a pilot In waters where a pilot
and correctly applied by the person directing the movement of the vessel; is required, the second officer, must be an individual licensed and assigned
(j) A person whom he has determined is competent to steer the vessel is to the vessel as master, mate, or officer in charge of a navigational watch,
in the wheelhouse at all times;1 who is separate and distinct from the pilot.
(d) Except as specified in paragraph (e) of this section, a tanker may
1
See also 46 U.S.C. 8702 (d), which requires an able seaman at the wheel on U.S. operate with an auto pilot engaged only if all of the following conditions
vessels of 100 gross tons or more in narrow or crowded waters during low visibility. exist.
(I) The operation and performance of the automatic pilot conforms with
(k) If a pilot other than a member of the vessel's crew is employed, the the standards recommended by the International Maritime Organization in
pilot is informed of the draft, maneuvering characteristics, and peculiarities IMO Resolution A.342 (IX).
of the vessel and of any abnormal circumstances on the vessel that may
affect its safe navigation.
PAGE 9
33 CFR PART 164
336
M.E.T. PUBLICATION 515 — 5TH EDITION
164.51 Deviations from roles: Emergency. Swing-meter means an electronic or electric device that indicates the rate
Except for the requirements of § 164.53 (b), in an emergency, any person of turn of the vessel on board which it is installed.
may deviate from any rule in this part to the extent necessary to avoid Towing vessel means a commercial vessel engaged in or intending to
endangering persons, property, or the environment engage in pulling, pushing or hauling alongside, or any combination of
[CGD 74-77, 42 FR 5956, Jan. 31, 1977] pulling, pushing, or hauling alongside.
Western Rivers means the Mississippi River, its tributaries. South Pass,
and Southwest Pass, to the navigational-demarcation lines dividing the high
164.53 Deviation from rule* aid reporting: Non-operating equipment
(a) If during a voyage any equipment required by this part stops seas from harbors, rivers, and other inland waters of the United States, and
operating properly, the person directing the movement of the vessel may the Port Alien-Morgan City Alternative Route, and that part of the
continue to the next port of call, subject to the directions of the District Atchafalaya River above its junction with the Port Alien-Morgan City
Commander or the Captain of the Port, as provided by Part 160 of this Alternative Route including the Old River and the Red River and those
chapter. waters specified by 89.25 and 89.27 of this chapter, and such other,
(b) If the vessel's radar, radio navigation receivers, gyrocompass, echo similar waters as are designated by the COTP.
depth sounding device, or primary steering gear stops operating properly, [61 FR 36064, July 03, 1996]
the person directing the movement of the vessel must report or cause to be
reported that it is not operating properly to the nearest Captain of the Port, 164.72 Navigational-safety equipment, charts or maps, and
District Commander, or, if participating in a Vessel Traffic Service, to the publications required on towing vessels.
Vessel Traffic Center, as soon as possible. (a) Except as provided by § 164.01 (b), each towing vessel must be
(Sec. 2, Pub. L. 95-474, 92 Stat. 1471 (33 U.S.C. 1221); 49 CFR 1.46 equipped with the following navigational-safety equipment
(n)(4)) (1) Marine Radar. By August 2, 1997, a marine radar that meets the
[CGD 74-77, 42 FR 5956, Jan. 31, 1977] following applicable requirements:
Editorial Note: For Federal Register citations affecting §164.53, see the (i) For a vessel of less than 300 tons gross tonnage that engages in towing
List of CFR Sections Affected in the Finding Aids section of this volume. on navigable waters of the U.S., including Western Rivers, the radar
must meet—
(A) The requirements of the Federal Communications Commission
164.55 Deviations from rules: Continuing operation or period of time.
(FCC) specified by 47 CFR part 80; and
The Captain of the Port, upon written application, may authorize a
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of
deviation from any rule in this part if he determines that the deviation does
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD,
not impair the safe navigation of the vessel under anticipated conditions
Version 1.1, display Category II and stabilization Category Bravo.
and will not result in a violation of the rules for preventing collisions at
(ii) For a vessel of less than 300 tons gross tonnage that engages in
sea. The authorization may be issued for vessels operating in the waters
towing seaward of navigable waters of the U.S. or more than three nautical
under the jurisdiction of the Captain of the Port for any continuing
miles from shore on the Great Lakes, the radar must meet—
operation or period of time the Captain of the Port specifies.
(A) The requirements of the FCC specified by 47 CFR part 80; and
[CGD 74-77, 42 FR 5956, Jan. 31, 1977]
(B) RTCM Standard for Marine Radar Equipment Installed on Ships of
Less Than 300 Tons Gross Tonnage, RTCM Paper 71-95/SC112-STD,
164.61 Marine casualty reporting and record retention. Version 1.1, display Category I and stabilization Category Alpha.
When a vessel is involved in a marine casualty as defined in 46 CFR (iii) For a vessel of 300 tons gross tonnage or more that engages in
4.03-1, the master or person in charge of the vessel shall: towing, the radar must meet RTCM Recommended Standards for Marine
(a) Ensure compliance with 46 CFR Subpart 4.05, "Notice of Marine Radar Equipment Installed on Ships of 300 Tons Gross tonnage and
Casualty and Voyage Records;" and Upwards, RTCM Paper 191-93/SCH2-X, Version 1.2.
(b) Ensure that the voyage records required by 46 CFR 4.05-15 are (iv) A vessel with an existing radar must meet the applicable
retained for: requirements of paragraphs (a) (1) (i) through (iii) of this section by August
(1) 30 days after the casualty if the vessel remains in the navigable 2, 1998; except that a vessel with an existing radar must meet the display
waters of the United States; or and stabilization requirements of paragraph (a) (1) (ii) (B) of this section by
(2) 30 days after the return of the vessel to a United States port if the August 2, 2001.
vessel departs the navigable waters of the United States within 30 days (2) Searchlight. A searchlight, directable from the vessel's main steering
after the marine casualty. station and capable of illuminating objects at a distance of at least two
[CGD 74-77, 42 FR 5956, Jan. 31, 1977] times the length of the tow.
(3) VHF-FM Radio. An installation or multiple installations of VHF-FM
164.70 Definitions. radios as prescribed by part 26 of this chapter and 47 CFR part 80, to
For purposes of §§ 164.72 through 164.82, the term— maintain a continuous listening watch on the designated calling channel,
Current edition means the most recent published version of a publication, VHF-FM Channel 13 (except on portions of the Lower Mississippi River,
chart, or map required by §164.72. where VHF-FM Channel 67 is the designated calling channel), and to
Currently corrected edition means a current or previous edition of a separately monitor the International Distress and Calling Channel, VHF-
publication required by §164.72, corrected with changes that come from FM Channel 16, except when transmitting or receiving traffic on other
Notices to Mariners (NTMs) or Notices to Navigation reasonably available VHF-FM channels or when participating in a Vessel Traffic Service (VTS)
and that apply to the vessel's transit Hand-annotated river maps from the or monitoring a channel of a VTS. (Each U.S. towing vessel of 26 feet
U.S. Army Corps of Engineers (ACOE) are currently corrected editions if (about 8 meters) or more in length, except a public vessel, must hold a
issued within the previous 5 years. shipradiostation license for radio transmitters (including radar and
Great Lakes means the Great Lakes and their connecting and tributary EPIRBs), and each operator must hold a restricted operator's license or
waters including the Calumet River as fir as the Thomas J. O'Brien Lock higher. To get an application for either license, call (800) 418-FORM or
and Controlling Works (between miles 326 and 327), the Chicago River as (202) 418-FORM, or write to the FCC; Wireless Bureau, Licensing
far as the east side of the Ashland Avenue Bridge (between miles 321 and Division; 1270 Fairfield Road; Gettysburg, PA 17325-7245.)
322), and the Saint Lawrence River as far east as the lower exit of Saint
Lambert Lock.
Table 164.72.—Equipment, Charts or Maps, and Publications of Towing Vessels of 12 Meters or More in Length
Notes:
1
Towing vessels with existing radar must meet this requirement by August 2, 1998.
2
Towing vessels with existing radar must meet this requirement by August 2, 1998, but do not need to meet the display and stabilization requirement until
August 2, 2001.
3
A towing vessel may carry either a swing-meter or a magnetic compass.
[61 FR 35064, July 03, 1996]
and thence to the point of beginning, and the waters bounded by a line
connecting the following points: and thence to the point of beginning.
PAGE 7 33 CFR PART 165
347
M.E.T. PUBLICATION 515 — 5TH EDITION
(ii) Constable Hook Reach. The waters bounded by a line connecting the (5) Phase V—
following points: (i) Bergen Point West Reach. The waters bounded by a line connecting
the following points:
Latitude Longitude
40°39'05.8"N 074°05'09.4"W
40°39'09.8"N 074°04'54.0"W Latitude Longitude
40°39'09.7"N 074°04'51.3"W 40°38'37.0"N 074°09'08.9"W
40°39'06-3"N 074°04'44.0"W 40°38'30.8"N 074°08'56.6"W
40°39'03.4"N 074°04'44.0"W 40°38'29.2"N 074°08'43.0"W
40°39'04.1"N 074°05'09.4"W 40°38'29.9"N 074°08'38.2"W
40°38'26.3"N 074°08'37.3"W
and thence to the point of beginning, and the waters bounded by a line 40°38'23.6"N 074°08'53.0"W
connecting the following points: 40°38'24.2"N 074°09'04.4"W
40°38'28.2"N 074°09'14.9"W
Latitude Longitude
and thence to the point of beginning.
40°39'06.6"N 074°04'40.6"W (ii) Constable Hook Beach. The waters bounded by a line connecting the
40°39'05.2"N 074°04'26.0"W following points:
40°39'07.8"N 074°04'25.0"W
40°39'05.8"N 074°04'16.0"W
40°38'58.7"N 074°04'18.2"W Latitude Longitude
40°39'03.0"N 074°04'31.0"W
40°39'03.2"N 074°04'41.0"W 40°38'49.3"N 074°05'44.0"W
40°38'50.7"N 074°05'37.2"W
40°39'04.2"N 074°05'09.1"W
and thence to the point of the beginning. 40°39'03.8"N 074°05'00.0"W
(4) Phase IV— 40°38'59.9"N 074°05'00.0"W
(i) Bergen Point West Reach. The waters bounded by a line connecting 40°38'59.9"N 074°05'01.9"W
the following points: 40°38'57.0"N 074°05'15.0"W
40°38'47.6"N 074°05'34.7"W
Latitude Longitude 40°38'46.1"N 074°05'43.9"W
40°38'29.9"N 074°08'38.2"W
40°38'35.7"N 074°08'02.5"W and thence to the point of beginning, and the waters bounded by a line
40°38'35.2"N 074°07'57.0"W
connecting the following points:
40°38'31.5"N 074°08'57.8"W
40°38'31.4"N 074°08'07.5"W
40°38'26.3"N 074°08'37.3"W
Latitude Longitude
PAGE 12
33 CFR PART 165
352
M.E.T. PUBLICATION 515 — 5TH EDITION
Seventh Coast Guard District
165.701 Vicinity, Kennedy Space Center, Merritt Island, Florida—
(3) The floating safety zone is disestablished when the anhydrous
security zone.
ammonia carrier is safely moored at the anhydrous ammonia receiving
(a) The water, land, and land and water within the following boundaries
facility.
are a security zone—The perimeter of the Cape Canaveral Barge Canal and
(b) A safety zone is established which extends 150 feet waterside from
the Banana River at 28°24'33"N, 80°39'48"W; then due west along the
an anhydrous ammonia vessel while it is moored at the receiving facilities
northern shoreline of the barge canal for 1300 yards; then due north to
at R. E. Knight on Hookers Point and W. R. Grace and International
28°28'42"N, 80°40'30"W, on Merritt Island. From this position, the line
Metals and Chemicals at Port Sutton. Any vessels desiring to enter the
proceeds irregularly to the eastern shoreline of the Indian River to a
safety zone must obtain authorization from the Captain of the Port Tampa.
position 1, 300 yards south of the NASA Causeway at 28°30'54"N,
Vessels transiting in the vicinity of the safety zone should do so with as
80°43'42"W (the line from the barge canal to the eastern shoreline of the
slow a speed as conditions permit
Indian River is marked by a three-strand barbed-wire fence), then north
(c) The general regulations governing safety zones contained in §165.23
along the shoreline of the Indian River to the NASA Causeway at
apply.
28°31'30"N, 80°43'48"W. The line continues west on the southern
(d) The Marine Safety Office Tampa will notify the maritime community
shoreline of the NASA Causeway to NASA Gate 3 (permanent), then north
of periods during which these safety zones will be in effect by providing
to the northern shoreline of the NASA Causeway and east on the northern
advance notice of scheduled arrivals and departures of loaded anhydrous
shoreline of the causeway back to the shoreline on Merritt Island at
ammonia vessels via a marine broadcast Notice to Mariners.
position 28°31'36"N, 80°43'42"W, then northwest along the shoreline to
(e) Should the actual time of entry of the anhydrous ammonia vessel into
28°41'01.2"N, 80°47'10.2"W. (Blackpoint); then due north to channel
the safety zone vary more than one half hour from the scheduled time
marker #6 on the Intracoastal Waterway (ICW), then northeast along the
stated in the broadcast Notice to Mariners, the person directing the
southern edge of the ICW to the western entrance to the Haulover Canal.
movement of the anhydrous ammonia vessel shall obtain permission from
From this point, the line continues northeast along the southern edge of the
Captain of the Port Tampa before commencing the transit.
Haulover Canal to the eastern entrance to the canal; then due east to a point
(f) Prior to commencing the movement, the person directing the
in the Atlantic Ocean 3 miles onshore at 28°44'42"N, 80°37'51 "W; then
movement of the anhydrous ammonia vessel shall make a security
south along a line 3 miles from the coast to Wreck Buoy "WR6", then to
broadcast to advise mariners of the intended transit All additional security
Port Canaveral Channel Lighted Buoy 10, then west along the northern
broadcasts as recommended by the U.S. Coast Pilot 5, ATLANTIC
edge of the Port Canaveral Channel to the northeast comer of the
COAST shall be made through the transit
intersection of the Cape Canaveral Barge Canal and the ICW in the Banana
(g) Vessels carrying anhydrous ammonia are permitted to enter and
River at 28°24'36"N, 80°38'42"W. The line continues north along the east
transit Tampa Bay and Hillsborough Bay and approaches during daylight
side of the Intracoastal Waterway to daymarker '35' thence North Westerly
hours only with a minimum of three miles visibility.
one quarter of a mile south of NASA Causeway East (Orsino Causeway) to
(h) The Captain of the Port Tampa may waive any of the requirements
the shoreline on Merritt Island at position 28°30'95"N, 80°37'6"W, then
of this subpart for any vessel upon finding that the vessel or class of vessel,
south along the shoreline to the starting point
operational conditions, or other circumstances are such that application of
(b) The area described in paragraph (a) of this section is closed to all
this subpart is unnecessary or impractical for purposes of port safety or
vessels and persons, except those vessels and persons authorized by the
environmental safety.
Commander, Seventh Coast Guard District, or the COTP Jacksonville,
(i) The owner, master, agent or person in charge of a vessel or barge,
Florida, whenever space vehicles are to be launched by the United States
loaded with anhydrous ammonia shall report the following information to
Government from Cape Canaveral.
the Captain of the Port, Tampa at least twenty-four hours before entering
(c) COTP Jacksonville, Florida, closes the security zone, or specific
Tampa Bay or its approaches or departing from Tampa Bay:
portions of it, by means of locally promulgated notices. The closing of the
(1) Name and country of registry of the vessel or barge;
area is signified by the display of a red ball from a 90-foot pole near the (2) The name of the port or place of departure;
shoreline at approximately 28°35'00"N, 80°34'36"W, and from a 90-foot (3) The name of the port or place of destination:
pole near the shoreline at approximately 28°25'18'N, 80°35'00"W. (4) The estimated time that the vessel is expected to begin its transit of
Appropriate Local Notices to Mariners will also be broadcast on 2670 Tampa Bay and the time it is expected to commence its transit of the safety
KHZ. zone.
[CGD 79-034, 47 FR 29660, July 8, 1982, as amended by CGD 7-82-10, 48 FR (5) The cargo carried and amount
11696, Mar. 21, 1983] [CGD7-85-32, 51 FR 28382, Aug. 7, 1986 as amended by CGD07-87-07, 52 FR
31763, Aug. 24, 1987]
165.703 Tampa Bay, Florida—Safety Zone.
(a) A floating safety zone is established consisting of an area 1000 yards
165.704 Tampa Bay, Florida, Safety Zone.
fore and aft of a loaded anhydrous ammonia vessel and the width of the
(a) A floating safety zone is established consisting of an area 500 yards
channel in the following areas:
fore and aft of a loaded liquefied petroleum gas (LPG) vessel and the width
(1) For inbound tank vessels loaded with anhydrous ammonia, Tampa
of Tampa Bay Cut "J" channel from buoy "10J" (LLNR 1589) north and
Bay Cut "F" Channel from Lighted Buoys "3F" and "4F" north through and
including Tampa Bay Cut "K" Channel to buoy "UK" (LLP 117). Vessels
including Gadsden Point Cut Lighted Buoy "3" and commencing at
are not permitted to meet or pass the loaded LPG vessel when it transits
Gadsden Point Cut Lighted Buoys "7" and "8" north and including
these channels.
Hillsborough Cut "C" Channel.
(b) When a loaded LPG vessel departs the marked channel at Tampa Bay
(i) For vessels bound for R. E. Knight Pier at Hookers Point the safety
Cut "K" buoy "11K" (LLP 117) enroute to Rattlesnake slip, Tampa, FL. the
zone includes, in addition to the area in paragraph (a) (1) of this section,
floating safety zone extends 500 yards in all directions surrounding the
Hillsborough Cut "D" Channel to the southern tip of Harbor Island.
loaded LPG vessel, until it arrives at the entrance to Rattlesnake slip. While
(ii) For vessels bound for the anhydrous ammonia receiving terminals to
the loaded LPG vessel is maneuvering in the slip and until it is safely
Port Sutton the safety zone includes, in addition to the area in paragraph
moored at Warren Petroleum, Rattlesnake slip the floating safety zone
(a) (1) of this section. Port Sutton Channel.
extends 150 feet fore and aft of the loaded LPG vessel and the width of the
(2) For outbound tank vessels loaded with anhydrous ammonia the safety
slip. Moored vessels are allowed within the parameters of the 150 foot
zone is established when the vessel departs the receiving terminal and
continues through the area described in paragraph (a) (1) of this section. safety zone.
165.T0704 Safety Zone: Savannah River, Savannah, Georgia. 165.714 Regulated Navigation Area; Atlantic Ocean, Charleston, SC
(a) Location. The following area is a safety zone: Two hundred foot (a) Location. The following area is a Regulated Navigation Area: A
radius around Garden City Terminal, approximate position 32 degrees 8 trapezoid at the water surface, and the entire water column from surface to
minutes, N, 81 degrees 9.5 minutes W, and around all cargo ships loaded seabed inclusive of the vessel, bounded by the following four coordinates:
with military equipment and transiting the Savannah River.
(b) Effective dates. This regulation becomes effective at 12 p.m. 14 Latitude Longitude
December 1990 until terminated by the Captain of the Port, Savannah, GA.
(c) Regulation. In accordance with the general regulations in §165.23 of Western boundary 32°42'56"N 79°47'34"W
this part, entry into the zone is subject to the following requirements. Southern boundary 32°42'32"N 79°46'42"W
(1) All persons and vessels in the vicinity of the safety zone shall Eastern boundary 32°43'26"N 79°45'27"W
immediately obey any direction or order of the Captain of the Port or a Northern boundary 32°43'56"N 79°46'08"W
representative of the Captain of the Port
(2) The "representative of the Captain of the Port" is any Coast Guard (NAD 83)
commissioned, warrant or petty officer who has been designated by the (b) Regulations. In accordance with the general regulations in §165.23
Captain of the Port, Savannah, GA to act on his behalf. A representative of this part, all vessels and persons are prohibited from anchoring, diving,
laying cable or conducting salvage operations in this zone except as
authorized by the Captain of the Port
[60 FR 45046, Aug. 30, 1995]
PAGE 14
33 CFR PART 165
354
M.E.T. PUBLICATION 515 — 5TH EDITION
165.720 Safety/Security Zone: St. Johns River, Jacksonville, FL person or vessel may enter or remain in the zone without the permission of
(a) Location. The water and the land within the following boundaries are the Captain of the Port Jacksonville, Florida. All other portions of §165.33
established as a safety and security zone during specified conditions: remain applicable.
(1) All waters within 200 yards of Blount Island, Jacksonville, Florida (c) This regulation does not apply to Coast Guard vessels and authorized
and all adjacent land within 100 yards of the island shoreline during staging law enforcement vessels operating within the Security Zone.
of Department of Defense equipment and during the loading/unloading of [60 FR 65570, Dec. 20, 1995]
military supply vessels.
(2) All waters within 200 yards of "any" waterfront facility at which a 165.728 Jacksonville, Florida—safety zones.
laden military vessel is located and all land at the facility, including docks (a) The water, land, and land and water within the following boundaries
and piers, within 100 yards of the St. Johns River. are established as safety zones during the specified conditions:
(3) All waters within 200 yards of any specified military supply vessel (1) Zone A. 200 yards in all directions around any specified Maritime
during its transit of the St. Johns River and out to three (3) nautical miles Prepositioned Ship as it transits between the St. Johns River entrance sea
offshore. buoy (STJ) and its berth inside the Mayport Basin (Ribault Bay), Mayport,
(b) Regulations. Florida. The prescribed safety zone will also be in effect as the vessel
(1) For public notice, the zone described in paragraph (a) (1) of this transits to its berth at Blount Island Marine Terminal, Jacksonville, Florida.
section is effective beginning 11 December 1990 and will remain in force (2) Zone B. 100 yards in all directions on land and 200 yards on water
until cancelled by the Captain of the Port Jacksonville, Florida. from the eastern end of Transit Shed #2 to the east shore of Alligator Creek
(2) The COTP Jacksonville may activate, as necessary, any portion of at Blount Island Terminal, Jacksonville, Florida.
the safety/security zone described in paragraphs (a) (2) and (a) (3) of this (3) Zone C: 100 yards in all directions on land from Gate berth #1 and
section by means of locally promulgated broadcast notice to mariners. Once all waters within the Back River (locally known as the Gate Slip) on
implemented, neither overtaking nor meeting situations will be allowed Blount Island, Jacksonville, Florida, commencing from a line drawn
during specified vessel transits. between the southwesterly most shore point latitude 30°23'34", longitude
(3) In accordance with the general regulations governing safety and 81°30'52" and the southeasterly most shore point latitude 30°23'38",
security zones contained in 33 CFR 165.23 and 165.33 of this part, entry longitude 81°30'36°.
into any portion of the described zone is prohibited unless authorized by (b) The areas described in paragraph (a) of this section may be closed to
the Captain of the Port Jacksonville, Florida. all vessels and persons, except those vessels and persons authorized by the
(4) This regulation does not apply to authorized law enforcement Commander, Seventh Coast Guard District or the Captain of the Port,
agencies operating within the safety/security zone. Jacksonville, Florida, whenever specified Maritime Prepositioned Ships are
[COTP Jacksonville, FL Reg. 90-124, 55 FR 51700, Dec. 17, 1990] transiting the St. Johns River (Zone A), moored at Blount Island (Zone B),
or moored at Gate Terminal (Zone C).
165.721 Safety Zone: St. Johns River, Jacksonville, FL (c) The general regulations governing safety zones contained in 33 CFR
(a) Location. The following area is established as a safety zone during 165.23 apply.
the specified conditions: The waters within a 500 yard radius of the (d) The Captain of the Port Jacksonville, Florida will activate the safety
fireworks barge or barges during the storage, preparation, and launching of zones or specific portions of them by issuing a local broadcast notice to
fireworks in the St. Johns River between the Hart and Acosta Bridges. mariners. The closing of the area at Blount Island, described above, will be
(b) Effective dates. This section becomes effective upon activation by the signified by the display of a rotating yellow light located on the waterfront
Captain of the Port by the broadcasting of a local Notice to Mariners on at Blount Island Marine Terminal or at the Gate Terminal Berth #1.
appropriate VHF-FM radio frequencies. It terminates at the conclusion of [CGD7 87-15, 52 FR 23442, June 22. 1987, as amended by CGD7 SI-33, 56 FR
the fireworks display unless terminated earlier by the Captain of the Port 22826, May 17, 1991]
(c) Regulations.
(1) In accordance with the general regulations in 165.23 of this part, 165.729 Jacksonville Harbor, Florida—security zone.
anchoring, mooring or transiting in this zone is prohibited unless authorized (a) The water, land, and land and water within the following boundaries
by the Captain of the Port or District Commander. are established as security zones during the specified conditions:
(2) This regulation does not apply to authorized law enforcement (1) Zone A. 200 yards in all directions around any specified Maritime
agencies operating within the Safety Zone. Prepositioned Ship as it transits between the St. Johns River entrance sea
[COTP Jacksonville Reg. 94-027, 59 FR 55584, Nov. 8, 1994] buoy (STJ) and its berth inside the Mayport Naval Basin (Ribault Bay),
Mayport, Florida. The prescribed security zone will also be in effect as the
165.722 Security Zone: St. Johns River, Jacksonville, Florida. vessel transits to its berth at Blount Island Marine Terminal, Jacksonville,
(a) Location. The water located within the following area is established Florida.
as a security zone: beginning at the shoreline of the St. Johns River at the (2) Zone B. 100 yards in all directions on land and 200 yards on water
northernmost property line of Naval Ah- Station Jacksonville next to from the eastern end of Transit Shed #2 to the east shore of Alligator Creek
Timuquana Country Club, at 30°14'39.5"N, 81°40'45"W; thence at Blount Island Terminal, Jacksonville, Florida.
northeasterly to 30° 14'42"N, 81 °40'42"W; thence south remaining 400 feet (3) Zone C: 100 yards in all directions on land from Gate berth #1 and
from the shoreline at mean high water; thence past Piney Point and Black all waters within the Back River (locally known as the Gate Slip) on
Point to the northern edge of Mulberry Cover Manatee refuge, 400 feet Blount Island, Jacksonville, Florida, commencing from a line drawn
from Naval Air Station Jacksonville boat ramp, at 30°13'00"N, between the southwesterly most shore point latitude 30°23'34", longitude
81°40'23.5"W; thence southwesterly in a straight line to position 81°30'52" and the southeasterly most shore point latitude 30°23'38",
30°12'14"N, 81°40'42"W; thence southerly, remaining 400' seaward of the longitude 81°30'36".
mean high water shoreline to 30° 11 '40"N, 81 °41' 15.5"W; thence (b) The areas described in paragraph (a) of this section shall be closed
northwest to the point at the end of the property line of Naval Air Station to all vessels and persons, except those vessels and persons authorized by
Jacksonville just north of the Buckman Bridge at position 30°11 '42.30"N, the Commander, Seventh Coast Guard District or the Captain of the Port,
81 °41 '23.66"W; thence northeasterly along the mean high water shoreline Jacksonville, Florida, whenever specified Maritime Prepositioned Ships are
of the St. Johns River and Mulberry Cove to the point of beginning. Datum: transiting the St. Johns River (Zone A), moored at Blount Island (Zone B),
NAD 83 or moored at Gate Terminal (Zone C).
(b) In accordance with the general regulations in §165.33 of this part, no
1
27°56'20.5"N 082°26'42.0"W to 27°56'19.3"N 82°26'37.5"W
2
27°55'32.0"N 082°26'54.0"W to 27°55'30.9"N 82°26'49.1"W
(3) Port Mansfield Safety Fairway. The area between a rhumb line
joining points at (5) Aransas Pass Anchorage Areas. The areas enclosed by rhumb lines
joining points at:
Latitude Longitude
Latitude Longitude
26°33'39" 97°16'04"
26°33'43" 97°14'38" 27°49'54" 96°59'56"
27°45'22" 96°51'19"
27°51'46" 96°40'12"
and thumb lines joining points at: 27°53'36" 96°56'30"
27°49'54" 96°59'56"
26°34'04" 97°16'05"
26°34'40" 97°15'47"
26°34'43" 97°14'40" Latitude Longitude
27°45'14" 96°55'26"
27°43'00" 96°55'27"
(4) Aransas Pass Safety Fairway. The area between rhumb lines joining 27°44'09" 96°53'25"
points at: 27°45'14" 96°55'26"
Latitude Longitude (6) Matagorda Entrance Safety Fairway. The areas between rhumb lines
joining points at:
27°49'21" 97°02'08"
27°48'11" 97°01'06"
27°46'26" 96°57'40"
27°45'14" 96°55'26" Latitude Longitude
27°44'09" 96°53'25"
28°24'50" 96°19'38"
27°42'47" 96°51'39"
28°22'16" 96°17'40"
27°39'24" 96°48'26"
28°14'48" 96°09'42"
27°21'59" 96°11'42"
28°11'24" 96°06'06"
28°10'06" 96°04'42"
27°38'02" 95°49'39"
and rhumb lines joining points at:
Latitude Longitude
and rhumb lines joining points at
29°18'10" 94°39'I6"
29°08'04" 94°28'12"
Latitude Longitude 29°03'13" 94°36'48"
29°14'48" 94°45'12"
28°55'59" 95°16'55" 29°18'10" 94°39'16"
28°54'05" 95°14'10"
28°45'58" 95°05'48"
28°44'39" 95°04'22" and rhumb lines joining points at:
28°07'46" 94°26'12"
Latitude Longitude
29°19'23" 94°37'08"
(9) Freeport Harbor Anchorage Areas. The areas enclosed by rhumb
29°22'18" 94°32'00"
lines joining points at: 29°14'23" 94°25'53"
29°13'24" 94°27'33"
Latitude Longitude 29°19'23" 94°37'08"
28°52'58" 95°16'06"
28°44'52" 95°07'43" (12) Sabine Pass Safety Fairway. The areas between rhumb lines joining
28°42'24" 95°12'00" points at:
28°51'30" 95°18'42"
28°52'58" 95°16'06" Latitude Longitude
29°38'25" 93°50'02"
and rhumb lines joining points at: 29°35'19" 93°49'10"
29°33'00" 93°46'26"
Latitude Longitude 29°32'03" 93°46'44"
29°30'39" 93°43'41"
28°54'05" 95°14'10" 29°28'30" 93°41'09"
28°56'54" 95°09'18" 29°07'28" 93°41'08"
28°47'42" 95°02'42" 28°17'17" 92°57'59"
28°45'58" 95°05'48" 28°11'57" 92°53'25"
28°54'05" 95°14'10" 27°51'58" 92°36'20"
(ii) Aransas Pass to Calcasieu Pass. The areas between rhumb lines
and rhumb lines joining points at
joining points at:
Latitude Longitude
Latitude Longitude
29°38'48" 93°48'59"
29°37'32" 93°48'02" 27°43'00" 96°55'27"
29°36'28" 93°47'14" 27°44'09" 96°53'25"
29°32'52" 93°43'00" 27°45'22" 96°51'19"
29°31'13" 93°41'04" 27°51'46" 96°40'12"
29°29'20" 93°38'51" 28°11'24" 96°06'06"
29°08'08" 93°38'52" 28°12'30" 96°04'12"
28°39'02" 93°13'39" 28°42'24" 95°12'00"
28°36'15" 93°11'15" 28°44'52" 95°07'43"
27°52'09" 92°33'40" 28°45'58" 95°05'48"
28°47'42" 95°02'42"
29°07'42" 94°27'48"
(13) Sabine Pass Anchorage Areas— 29°10'17" 94°22'30"
(i) Sabine Pass Inshore Anchorage Area. The area enclosed by rhumb 29°29'30" 93°58'24"
lines joining points at: 29°32.03" 93°46'44"
Latitude Longitude 29°33'00" 93°46'26"
29°32'52" 93°43'00"
29°37'32"N. 93°48'02"W. 29°37'32" 93°21'25"
29°37'32"N. 93°21'25"W.
29°32'52"N. 93°43'00"W.
29°36'28"N. 93°47'14"W.
with rhumb lines joining points at:
(ii) Sabine Bank Offshore (North) Anchorage Area. The area enclosed by
Latitude Longitude
rhumb lines joining points at:
Latitude Longitude 27°40'36" 96°55'30"
27°42'47" 96°51'39"
29°26'06"N. 93°43'00"W. 27°44'35" 96°48'31"
29°26'06"N. 93°41'08"W. 28°10'06" 96°04'42"
29°24'06"N. 93°41'08"W. 28°11'13" 96°02'46"
29°24'06"N. 93°43'00"W. 28°43'32" 95°06'18"
28°44'39" 95°04'22"
29°06'24" 94°26'12"
(iii) Sabine Bank Offshore (South) Anchorage Area. The area enclosed 29°06'24" 94°23'55"
by rhumb lines joining points at: 29°07'41" 94°22'23"
29°09'06" 94°20'36"
29°27'40" 93°57'18"
Latitude Longitude 29°30'39" 93°43'41"
29°31'13" 93°41'04"
29°16'55"N. 93°43'00"W. 29°33'56" 93°28'35"
29°16'55"N. 93°41'08"W. 29°32'57" 93°17'00"
29°14'29"N. 93°41'08"W.
29°14'29"N. 93°43'00"W.
(15) Calcasieu Pass Safety Fairway. The areas between rhumb lines
joining points at:
(14) Coastwise Safety Fairways.
(i) Brazos Santiago Pass to Aransas Pass. The areas between rhumb Latitude Longitude
lines joining points at:
29°45'00" 93°20'58"
Latitude Longitude 29°40'56" 93°20'18"
29°38'18" 93°20'42"
26°04'12'' 96°59'30" 29°37'32" 93°21'25"
26°09'00" 96°59'30" 29°32'57" 93°17'00"
27°46'26" 96°57'40" 29°31'08" 93°14'38"
28°39'02" 93°13'39"
and rhumb lines joining points at
Latitude Longitude and rhumb lines joining points at:
25°58'54" 96°57'24" Latitude Longitude
26°02'06" 96°57'24"
26°04'00" 96°57'24" 29°45'05" 93°20'03"
27°40'36" 96°55'30" 29°41'12" 93°19'37"
27°43'00" 96°55'27" 29°37'30" 93°18'15"
27°45'14" 96°55'26" 29°31'16" 93°12'16"
28°36'15" 93°11'15"
(18) Fresh-water Bayou Safety Fairway. The area between lines joining 29°00'40" 90°59.43"
points at: 29°05'06" 90°57'03"
29°09'46" 90°56'27"
Latitude Longitude
29°31'59" 92°18'45" (22) Cat Island Pass Safety Fairway. The area between lines joining
29°31'10" 92°18'54" points at
29°31'13" 92°19'14"
29°27'44" 92°19'53"
Latitude Longitude
(19) Southwest Pass Safety Fairway. The area between lines joining 29°06'00" 90°34'21"
points at: 29°05'31" 90°34'12"
29°03'13" 90°34'13"
29°03'13" 90°34'07"
Latitude Longitude 29°01'34" 90°33'47"
29°34'48" 92°03'12"
29°30'48" 92°07'00"
29°23'30" 92°08'24" (23) Belle Pass Safety Fairway. The area between a line joining
points at:
and a line joining points at: (ii) South-west Pass (Mississippi River) to Sea Safety Fairway. The area
Latitude Longitude enclosed by rhumb lines joining points at
28°54'18"N. 89°25'46"W.
and a line joining points at
28°53'30"N. 89°25'18"W.
Latitude Longitude 28°53'30"N. 89°23'48"W.
28°50'40"N. 89°24'48"W.
29°13'24" 89°36'11" 28°48'48"N. 89°24'48"W.
29°14'54" 89°35'51"
28°45'06"N. 89°22'12"W.
28°43'27"N. 89°21'01"W.
(27) Gulf Safety Fairway. Aransas Pass Safety Fairway to South-west (iii) South-west Pass (Mississippi River) to South Pass (Mississippi
Pass Safety Fairway. The areas between rhumb lines joining points at River)
Safety Fairway. The areas between rhumb line joining points at
Latitude Longitude
Latitude Longitude
27°33'06" 96°30'21"
27°33'15" 96°28'16" 28°45'06" 89°22'12"
27°33'33" 96°24'06" 28°55'56" 89°03'09"
28°00'36" 90°08'18"
(29) South-west Pass (Mississippi River) Anchorage. The area enclosed (32) Mississippi River-Gulf Outlet Safety Fairway.
by rhumb lines joining points at: (i) The areas between rhumb lines joining points at:
Latitude Longitude
Latitude Longitude
28°53'30"N. 89°23'48"W.
28°53'30"N. 89°21'48"W. 29°42'10" 89°25'49"
28°55'06"N. 89°21'48"W. 29°29'33" 89°07'47"
28°55'06"N. 89°19'18"W. 29°27'14" 89°03'20"
28°52'41"N. 89°17'30"W. 29°24'38" 89°00'00"
28°50'40"N. 89°21'14"W. 29°24'35" 88°57'17"
28°50'40"N. 89°24'48"W.
Latitude Longitude
and rhumb lines joining points at:
29°26'38" 88°58'43"
29.29.57" 88°54'48"
East jetty light 29°38'59" 88°44'04"
29°56'43" 88°20'50"
28°59'24" 89°08'12" 29°58'03" 88°19'05"
29°00'09" 89°07'24" 30°05'29" 88°09'19"
29°00'00" 89°07'00"
28°57'56" 89°02'18"
28°57'18" 89°00'48" and rhumb lines joining points at:
28°56'16" 88°58'29"
28°55'42" 88°57'06" Latitude Longitude
29°26'28" 88°55'39"
29°27'54" 88°53'54"
(ii) South Pass (Mississippi River) to Mississippi River-Gulf Outlet 29°37.32. 88°42'28"
Channel Safety Fairway. The areas between rhumb lines joining points at: 29°55'14" 88°19'15"
29°56'34" 88°17'30"
Latitude Longitude 30°03'50" 88°08'01"
30°05'15" 88°06'05"
28°57'18" 89°00'48"
29°04'18" 88°48'31"
29°24'35" 88°57'17"
(33) Mississippi River-Gulf Outlet Anchorage.
(i) The areas within rhumb lines joining points at
and rhumb lines joining points at:
Latitude Longitude
Latitude Longitude
29°27'01" 89°01'54"
28°56'16" 88°58'29" 29°32'12" 88°55'42"
29°03'30" 88°45'42" 29°29'57" 88°54'48"
29°23'06" 88°54'11" 29°26'38" 88°58'43"
29°26'28" 88°55'39"
(35) Biloxi Safely Fairway. The area between lines joining points at: 30°20'26" 88°31'25"
30°18'39" 88°31'25"
Latitude Longitude
and rhumb lines joining points at:
30°24'06" 88°50'57"
30°23'15" 88°50'22" Latitude Longitude
30°21'11" 88°47'36"
30°20'13" 88°47'04" 30°19'21" 88°30'12"
30°15'06" 88°47'06" 30°17'25" 88°30'12"
30°13'09" 88°47'46" 30°12'46" 88°29'42"
30°12'23" 88°49'02" 30°11'21" 88°31'00"
30°09'33" 88°29'48"
30°07'30" 88°29'09"
29°58'03" 88°19'05"
and lines joining points at: 29°56'34" 88°17'30"
29°20'48" 87°39'31"
Latitude Longitude
30°24'27" 88°50'31"
30°23'57" 88°49'31" (38) Horn Island Pass to Mobile Ship Channel Safely Fairway. The
30°21'42" 88°46'36" areas between rhumb line joining points at:
30°20'25" 88°45'55"
30°14'57" 88°45'57"
30°12'56" 88°46'39"
Latitude Longitude
30°12'00" 88°45'25"
30°09'33" 88°29'48"
30°07'15" 88°06'54"
(36) Ship Island Pass to Horn Island Pass Safety Fairway. The areas
between rhumb line joining points at:
and rhumb line joining points at:
Latitude Longitude
Latitude Longitude (41) Pensacola Safety Fairway. The areas between rhumb lines joining
points at:
30°31"00"N 88°05"30"W
30°31"00"N 88°01"54"W
30°26"55"N 88°01"26"W
Latitude Longitude
30°16"35"N 88°02"45"W
30°14"09"N 88°03"24"W 30°23'41" 87°14'34"
30°10"36"N 88°03"53"W 30°23'06" 87°13'53"
30°08"10"N 88°04"40"W 30°22'54" 87°13'53"
30°07"15"N 88°06"54"W 30°20'47" 87°15'45"
Latitude Longitude
Latitude Longitude
30°39'55"N 88°01'15"W
30°37'06"N 88°01'23"W 30°18'43" 87°19'24"
30°26'11"N 88°00'11"W 30°15'57" 87°18'19"
30°16'18"N 88°01'35"W 30°14'20" 87°19'05"
30°13'52"N 88°01'12"W 30°12'31" 87°18'00"
30°13'14"N 88°01'12"W 30°10'03" 87°18'00"
30°10'36"N 88°01'35"W 29°37'00" 87°18'00"
30°08'04"N 88°00'36"W
and rhumb lines joining points at
(ii) Mobile Ship Channel to Sea Safely fairway. The areas between
rhumb lines joining points at: Latitude Longitude
30°26'27" 87°08'28"
Latitude Longitude 30°25'35" 87°10'30"
(iii) Mobile to Pensacola Safety Fairway. The areas between rhumb line Latitude Longitude
joining points at
30°19'15" 87°17'37"
Latitude Longitude 30°16'28" 87°16'32"
30°08'04" 88°00'36" 30°14'32" 87°16'06"
30°14'20" 87°19'05" 30°12'33" 87°15'43"
29°42'30" 87°15'43"
Latitude Longitude
Latitude Longitude
30°16'28" 87°16'32"
30°17'14" 87°11'52" 29°49.54. 85°19'24"
30°15'14" 87°11'52" 29°50'59" 85°22'25"
30°14'32" 87°16'06" 29°53'32" 85°22'25"
29°54'12" 85°24'00"
29°54'12" 85°25'55"
29°52'58" 85°28'43"
(43) Pensacola to Panama City Safety Fairway. The area between rhumb
29°53'00" 85°29'48"
lines joining points at:
29°51'39" 85°42'25"
29°51'20" 85°45'15"
Latitude Longitude
30°14'32" 87°16'06"
30°15'14" 87°11'52" and rhumb lines joining points at:
30°18'45" 86°50'00"
30°18'00" 86°20'00"
29°51'30" 85°47'33"
Latitude Longitude
29°48'22" 85°18'12"
and rhumb lines joining points at 29°47'21" 85°21'00"
29°50'42" 85°23'31"
29°52'51" 85°23'36"
Latitude Longitude 29°53'10" 85°24'18"
30°12'33" 87°15'43" 29°53'10" 85°25'33"
30°16'44" 86°49'49" 29°51'57" 85°28'19"
30°16'01" 86°20'57" 29°51'04" 85°29'00"
29°48'45" 85°47'33" 29°50'40" 85°32'39"
29°49'19" 85°45'15"
(44) Panama City Safety Fairways. The areas between rhumb lines
(47) Port St. Joe Anchorage. The area within rhumb lines joining points
joining points at:
at:
Latitude Longitude
Latitude Longitude
30°09'24" 85°40'12"
30°09'21" 85°41'40" 29°50'40" 85°32'39"
30°07'36" 85°44'20" 29°51'04" 85°29'00"
30°06'32" 85°47'33" 29°49'18" 85°30'18"
29°51'30" 85°47'33"
29°48'45" 85°47'33"
29°03'30" 85°47'33" (48) Tampa Safety Fairways. The area between rhumb lines joining
points at:
(45) Panama City Anchorage. The area within rhumb lines joining points 27°35'54" 82°45'42"
at: 27°34'48" 82°55'54"
27°34'48" 83°00'00"
27°34'48" 84°39'00"
Latitude Longitude
29°55'27" 85°45'15"
29°55'27" 85°42'25" (49) Tampa Anchorages—
29°51'39" 85°42'25" (i) Eastern Tampa Fairway Anchorage. The area enclosed by rhumb
29°51'20" 85°45'15" lines [North American Datum of 1927 (NAD-27)] joining points at:
(ii) Western Tampa Fairway Anchorage. The area enclosed by rhumb (53) Heald Bank Cutoff Safety Fairway. The area enclosed by rhumb
lines [North American Datum of 1927 (NAD-27)] joining points at: lines, [North American Datum1 of 19, 27 (WAD-27]], joining points at:
Latitude Longitude
Latitude Longitude
27°36'48"N., 83°05'06"W.,
27°39'00"N., 83°05'06"W., 28°57'15"N 94°23'55"W
27°39'00"N., 83°01'00"W., 28°51'30"N 93°56'30"W
27°36'48"N., 83°01'00"W. 28°48'30"N 93°51'45"W
28°55'15"N 94°23'55"W
(50) Charlotte Safety Fairways. The area between rhumb lines [CGD 81-040, 47 FR 20581, May 13, 1982]
joining points at: Editorial Note: For Federal Register citations affecting §166.200,
see the List of CFR Sections Affected in the Finding Aids section of
Latitude Longitude this volume.
Latitude Longitude
59°15'42"N 144°02'07"W (ii) Nantucket to Ambrose Safety Fairway. The area enclosed by
59°59'00"N 145°27'24"W rhumb lines, NAD-27, joining point at:
59°58'00"N 145°32'12"W
59°14'18"N 144°04'53"W
Latitude Longitude
(iii) Hinchinbrook to Gulf Safety Fairway (recommended for outbound 28°54'33"N 89°26'07"W
vessel traffic). The area enclosed by rhumb lines joining points 40°24'20"N 73°04'58"W
at: 40°22'58"N 72°58'26"W
40°26'07"N 70°19'09"W
40°27'37"N 70°13'46"W
Latitude Longitude 40°22'37"N 70°13'36"W
40°24'07"N 70°19'05"W
59°15'41"N 144°23'35"W 40°20'58"N 72°58'26"W
59°56'00"N 145°37'39"W 40°19'20"N 73°04'58"W
59°55'00"N 145°42'00"W
59°14'19"N 144°26'25"W
[CGD 84-004, 52 FR 33589, Sept. 4, 1987; 52 FR 36248, Sept. 28, 1987]
Latitude Longitude
54°25'58"N 165°42'24"W
54°22'50"N 165°06'54"W
54°22'10"N 164°59'29"W
54°07'58"N 162°19'25"W
54°04'02"N 162°20'35"W
54°22'02"N 165°43'36"W
Latitude Longitude
54°42'28"N 165°16'19"W
54°43'32"N 165°09'41"W
54°22'50"N 165°06'54"W
54°22'10"N 164°59'29"W
Subpart A General
167.1 Purpose.
The purpose of the regulations in this part is to establish and designate
traffic separation schemes and precautionary areas to provide access routes
for vessels proceeding to and from U.S ports.
167.5 Definitions.
(a) Traffic separation scheme (TSS) means a designated routing measure
which is aimed at the separation of opposing streams of traffic by appropriate
means and by the establishment of traffic lanes.
(b) Traffic lane means an area within defined limits in which one-way
traffic is established. Natural obstacles, including those forming separation
PAGE 2
33 CFR PART 168
386
TITLE 33
Preamble or the complete text of the change as it appeared
POST-PUBLICATION
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In most cases, the Coast Guard's "Final Rules" are
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Acts, 133, 135, 144, 145, 147, 148, 150, 156, 159, 160, 162, 163, 166, 167, 169, 170
Agency, 11, 42, 43, 54, 55, 216, 217, 234, 254, 284, 302, 307, 340, 347
Agent, 151, 156, 159, 163, 167, 170, 311
Appeal, 35, 135, 136, 214, 221, 304
Approved port, 182
ARPA, 314, 337, 340, 341, 342, 343, 344
Attachment, 196, 206, 207
Automatic radar plotting aid, 337, 340
Average, 233, 238, 251, 253
Deadweight, 268
Dedicated clean ballast tanks, 267, 271, 272, 285, 292
Department of Transport, 16, 50, 82, 134, 178, 195, 335
Departure, 318
Deviation, 309, 314, 318, 346, 349
Displacement, 188, 193
Doctor, 318
employment, 21, 36, 135, 141, 173, 176, 177, 178, 189, 219, 358
Exceptions, 10, 45, 110, 196, 201, 212
Execution, 167, 170
Explosives, 21, 22, 85, 86, 88, 100, 103, 104, 105, 106, 107, 111, 112, 114, 115, 117, 118, 120, 123, 124
Galleys, 182
Gross tonnage, 346
Gyro compass, 344
Questions, 284
Radio Regulations, 74
Radiotelephone installation, 125, 131
Rate of turn indicator, 337, 345
Register, 4, 5, 28, 34, 50, 68, 71, 82, 83, 89, 95, 99, 121, 130, 131, 132, 133, 135, 172, 173, 185, 201, 206, 210, 216, 224, 245, 259, 264, 267, 275, 328, 337,
346, 351, 360
Registry, 195, 264
Regulations, 2, 4, 5, 8, 16, 38, 41, 42, 47, 49, 51, 58, 67, 70, 82, 95, 97, 102, 103, 109, 185, 186, 217, 263, 276, 289, 298, 307, 314, 317, 319, 341, 344, 352,
353, 354, 355, 357, 358, 361, 363, 364, 365, 366, 367
Resident, 176
Scotland, 356
Segregated ballast tanks, 266, 271, 272, 274, 275
Service of documents, 24, 26
Ship, 63, 64, 74, 75, 78, 96, 97, 99, 116, 127, 128, 129, 199, 225, 233, 237, 241, 255, 260, 265, 268, 294, 295, 300, 302, 304, 317, 318, 319, 320, 323, 325,
327, 329, 332, 338, 350, 353, 360, 361, 364, 368
Silver, 84
Slip, 364
Slop tank, 266, 269, 275
Sludge, 304
Smoking, 93, 121, 261
Spot, 88
Stowage, 312, 313
Submission, 221, 223, 246, 248, 266, 267, 276, 278, 279, 284
Summons, 10
Tonnage, 145, 147, 156, 160, 163, 166, 170, 312, 338, 346
Tort, 35, 36
Trim, 282
Trust, 18, 66, 137, 217, 218, 308, 309
Tug, 152
Turn, 273
Ullage, 232
V